R21-1621 RESOLUTION NO. R21-162
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4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING UTILIZING THE CITY OF HOLLYWOOD, FL. BID NO. F-
6 4664 -21 -RL AND AUTHORIZE THE CITY MANAGER TO SIGN AN
7 AGREEMENT WITH JUNIPER LANDSCAPING OF FLORIDA, LLC. OF
8 FORT MYERS, FL FOR ATHLETIC FIELD MAINTENANCE FOR AN
9 ESTIMATED ANNUAL COST OF $335,770.81; AND PROVIDING AN
10 EFFECTIVE DATE.
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13 WHEREAS, The City of Boynton Beach has been very limited in our capabilities to
14 perform effective athletic field maintenance to the level of service that is expected by users; and
15 WHEREAS, the newly proposed and adequately budgeted maintenance program will
16 improve our athletic facilities and align us with the correct agronomic maintenance practices;
17 and
18 WHEREAS the Parks and Grounds Division is seeking consent to piggyback this contract and
19 establish an agreement with Juniper Landscaping of Florida, LLC to provide athletic field maintenance
20 services at designated parks within the City of Boynton Beach; and
21 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it to be in
22 the best interests of the citizens and residents of the City of Boynton to approve utilizing the
23 City of Hollywood, FL. Bid No. F -4664 -21 -RL and authorize the City Manager to sign an
24 Agreement with Juniper Landscaping of Florida, LLC. of Fort Myers, FL for Athletic Field
25 Maintenance for an estimated annual cost of $335,770.81.
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
27 BOYNTON BEACH, FLORIDA, THAT:
S:\CA\RESO\Agreements\Piggy-Back Hollywood For Juniper Landscaping (Athletic Field Maintenance) - Reso.Docx
28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
29 being true and correct and are hereby made a specific part of this Resolution upon adoption
30 hereof.
31 Section 2. The City Commission hereby approves utilizing the City of Hollywood, FL.
32 Bid No. F -4664 -21 -RL and authorizes the City Manager to sign an Agreement with Juniper
33 Landscaping of Florida, LLC. of Fort Myers, FL for Athletic Field Maintenance for an estimated
34 annual cost of $335,770.81, a copy of which is attached hereto as Exhibit "A.
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Section 3.
This Resolution shall become effective immediately upon passage.
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PASSED AND
ADOPTED this 16th day of November, 2021.
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CITY OF BOYNTON BEACH, FLORIDA
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YES NO
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Mayor — Steven B. Grant
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Vice Mayor —Woodrow L. Hay
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Commissioner —Justin Katz
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Commissioner — Christina L. Romelus
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Commissioner — Ty Penserga
✓
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VOTE
S—a
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ATTEST:
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C tal Gibson, MMC
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City Clerk
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(Corporate Seal)
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S:\CA\RESO\Agreements\Piggy-Back Hollywood For Juniper Landscaping (Athletic Field Maintenance) - Reso.Docx
AGREEMENT FOR ATHLETIC FIELD MAINTENANCE
This Agreement is made as of this 28th day of October, 2021 by and between Juniper
Landscaping of Florida, LLC with a principal address 5880 Staley Road, Fort Myers, FL 33905
and THE CITY OF BOYNTON BEACH, a municipal corporation organized and existing under
the laws of Florida, with a business address of 100 East Ocean Avenue, Boynton Beach, FL
33435, hereinafter referred to as "City".
RECITALS
WHEREAS, in order to maintain Athletic Field Maintenance to the public, the City's
Public Works Parks and Grounds Department is requesting the City enter into an Agreement
Juniper Landscaping of Florida, LLC to perform Athletic Field Maintenance; and
WHEREAS, Juniper Landscaping of Florida, LLC has agreed to allow the City to piggy-
back the City of Hollywood Florida /Athletic Field Maintenance Agreement pursuant to Contract
No. F -2662 -21 -RL to provide Athletic Field Maintenance in the amount of $ 335,770.81 annually
based on Contract No. F -2662 -21 -RL for a three (3) year term commencing 12/6/2021; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for
other valuable consideration received, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
AGREEMENT
Section 1. The foregoing recitals are true and correct and are hereby incorporated in this
Agreement.
Section 2. The City and Juniper Landscaping of Florida, LLC. agree that Juniper
Landscaping of Florida, LLC shall provide Athletic Field Maintenance in the amount of
$335,770.81 annually based City of Hollywood Florida /Athletic Field Maintenance Contract No.
F -2662 -21 -RL for a three (3) year term commencing 12/6/2021, a copy of which is attached hereto
as Exhibit "A", except as hereinafter provided:
A. All references to the City of Hollywood Florida /Athletic Field Maintenance
Contract No F -2662 -21 -RL shall be deemed as references to the City of Boynton
Beach.
B. All Notices to the City shall be sent to:
Athletic Field Maintenance PWP22-011
City: Lori LaVerriere, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
Telephone: (561) 742-6010 /Facsimile: (561) 742-6090
Copy: James A. Cherof, City Attorney
Goren, Cherof, Doody & Ezrol, PA.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, FL 33308
Telephone: (954) 771-4500
Facsimile: (954) 771-4923
C. The following terms and conditions are hereby incorporated into the Agreement:
PUBLIC RECORDS. Sealed documents received by the City in response to an invitation
are exempt from public records disclosure until thirty (30) days after the opening of the Bid
unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07.
The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor
shall comply with Florida's Public Records Law. Specifically, the Contractor shall:
A. Keep and maintain public records required by the CITY to perform the service;
B. Upon request from the CITY's custodian of public records, provide the CITY with a copy
of the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as
otherwise provided by law;
C. Ensure that public records that are exempt or that are confidential and exempt from public
record disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and, following completion of the contract, Contractor shall
destroy all copies of such confidential and exempt records remaining in its possession once
the Contractor transfers the records in its possession to the CITY; and
D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the
CITY, all public records in Contractor's possession All records stored electronically by
Contractor must be provided to the CITY, upon request from the CITY's custodian of
public records, in a format that is compatible with the information technology systems of
the CITY.
Athletic Field Maintenance PWP22-011
E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS:
CRYSTAL GIBSON, CITY CLERK
100 E. OCEAN AVE. BOYNTON
BEACH, FLORIDA, 33435
561-742-6061
GIBSONC@BBFL.US
SCRUTINIZED COMPANIES -- 287.135 AND 215.473
By execution of this Agreement, Contractor certifies that Contractor is not participating in
a boycott of Israel. The contractor further certifies that Contractor is not on the Scrutinized
Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List,
and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or
has Contractor been engaged in business operations in Syria. Subject to limited exceptions
provided in state law, the City will not contract for the provision of goods or services with any
scrutinized company referred to above. Submitting a false certification shall be deemed a material
breach of contract. The City shall provide notice, in writing, to the Contractor of the City's
determination concerning the false certification. The contractor shall have five (5) days from
receipt of notice to refute the false certification allegation. If such false certification is discovered
during the active contract term, the Contractor shall have ninety (90) days following receipt of the
notice to respond in writing and demonstrate that the determination of false certification was made
in error. If the Contractor does not demonstrate that the City's determination of false certification
was made in error then the City shall have the right to terminate the contract and seek civil
remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time.
DISPUTES. Any disputes that arise between the parties with respect to the performance of this
Agreement, which cannot be resolved through negotiations, shall be submitted to a court of
competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under
Florida Law.
EXECUTION OF THE AGREEMENT. This Agreement will take effect once signed by both
parties. This Agreement may be signed by the parties in counterparts which together shall
constitute one and the same agreement among the parties. A facsimile signature shall constitute an
original signature for all purposes.
Section 1. In the event that the City of Hollywood Florida /Athletic Field Maintenance is
amended, or terminated, Juniper Landscaping of Florida, LLC shall notify the City within ten (10)
days. In the event the City of Hollywood Florida /Athletic Field Maintenance is amended or
Athletic Field Maintenance PWP22-011
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AGREEMENT BETWEEN CITY OF HOLLYWOOD
FLORIDA /ATHLETIC FIELD MAINTENANCE
AND JUNIPER LANDSCAPING OF FLORIDA, LLC
Athletic Field Maintenance PWP22-011