R22-156 1 RESOLUTION NO. R22-156
2
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA
5 APPROVING UTILIZING THE CITY OF PEMBROKE PINES
6 CONTRACT#RE-20-08 AND AUTHORIZE THE CITY MANAGER TO
7 SIGN AN AGREEMENT WITH BLUE MARLIN INVESTMENTS DBA
8 CAYCO LANDSCAPING FOR TREE TRIMMING SERVICES FOR
9 PARKS, FACILITIES AND MEDIANS FOR THE EXTENT OF THE
10 CONTRACT WITH AN ANNUAL EXPENDITURE AMOUNT OF
11 $340,000.00; AND PROVIDING AN EFFECTIVE DATE.
12
13
14 WHEREAS, Blue Marlin Investments, dba Cayco Landscaping, LLC has been awarded the
15 tree trimming services from the City of Pembroke Pines under a continuing services contract
16 which the City of Boynton Beach Parks and Grounds Division is seeking consent to piggyback
17 and establish an agreement with Blue Marlin Investments, dba Cayco Landscaping, LLC to
18 provide tree trimming services in parks, medians and facilities at the level of service that is
19 expected by park users and the residents; and
20 WHEREAS, staff currently performs tree trimming in parks as regular maintenance and
21 tree trims facilities and medians when the need arises which is in addition to staff performing
22 regular duties such as landscape maintenance, trash removal and irrigation repairs in city parks;
23 and
24 WHEREAS, Blue Marlin Investments, dba Cayco Landscaping, LLC will bring in certified
25 arborists to ensure trees in our parks, facilities and medians are properly maintained for the
26 safety of the public and the health of the trees; and
27 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it to be in
28 the best interests of the citizens and residents of the City of Boynton to approve utilizing the
29 City of Pembroke Pines Contract # RE-20-08 and Authorize the City Manager to sign an
30 agreement with Blue Marlin Investments dba Cayco Landscaping for tree trimming services for
31 parks, facilities and medians for the extent of the contract with an annual expenditure amount
32 of $340,000.00.
33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
34 BOYNTON BEACH, FLORIDA, THAT:
S:\CA\RESO\Agreements\Piggy-I3ack With Blue Marlin Dba Cayco Landscaping-Reso.Docx
35 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
36 being true and correct and are hereby made a specific part of this Resolution upon adoption
37 hereof.
38 Section 2. The City Commission hereby approves utilizing the City of Pembroke
39 Pines Contract # RE-20-08 and Authorize the City Manager to sign an agreement with Blue
40 Marlin Investments dba Cayco Landscaping for tree trimming services for parks, facilities and
41 medians for the extent of the contract with an annual expenditure amount of $340,000.00, a
42 copy of the Agreement is attached hereto as Exhibit "A.
43 Section 3. This Resolution shall become effective immediately upon passage.
44 PASSED AND ADOPTED this 1st day of November, 2022.
45 CITY OF BOYNTON BEACH, FLORIDA
46
47 YES NO
48 /
49 Mayor—Ty Penserga
50
51 Vice Mayor—Angela Cruz
52
53 Commissioner— Woodrow L. Hay ✓
54
55 Commissioner—Thomas Turkin
56
57 Commissioner—Aimee Kelley
58
59 VOTE '5-O
61 AT T:
6
6 l .►" 01Ib
63 MayleD• esus, MPA, MC Ty Per =rga
64 City Clerk \ CE Astir,��/iMa •r
65
E
z. :?(
,;,=T -•� ���
00,0RATf••`9•'e�` r�o `
69 � k •O� •� �2.2a�dr Bcnded o�ec�'' Q
O�V t L;U�q• y?tipuc�• �o`� �� Michael D. Cirullo, Jr.
70 ; Fy-: ST��1J . i"/�yPusuc City Attorney
i 7.3; �ap0��� � �innum����
114 •I. Vg •;
S:\ I; ESCJ�hgee 4'=-'--Back With Blue Marlin Dba Cayco Landscaping-Reso.Docx
FOO
R22-156
0 \
Ale ti ro N t'
AGREEMENT FOR PURCHASING
City of Boynton Beach Facilities, Median and Parks Tree Trimming Services
This Agreement is made as of this 1st day of November, 2022 by and between Blue
Marlin Investments, Inc dba Cayco Landscaping with a principal address 3700 NW 10th Ave,
Oakland Park, FL 33309 hereinafter referred as "Contractor", 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 Palms and Hardwood Trees in our city facilities,medians
and parks to the public, the City's Public Works is requesting the City enter into an Agreement
with Blue Marlin Investments, Inc. dba Cayco Landscaping to provide all material, labor and
equipment to facilitate tree trimming at all Boynton Beach Facilities, Medians and Parks by
trimming all palms and hardwoods according to A300(ANSI) standards; and
WHEREAS, Blue Marlin Investments, Inc. dba Cayco Landscaping has agreed to
allow the City to piggyback the City of Pembroke Pines Agreement pursuant to Contract No,
J(E-20-08 to provide all material, labor and equipment of facilitate tree trimming at all Boynton
Beach Facilities, Medians and Parks by trimming all palms and hardwoods according to A300
(ANSI) standards; in the amount of $304,168.15 annually based on Contract No. RE-20-08 for a
two (ayear term commencing 10/01/22 with one 1-year optional renewal; 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 Blue Marlin Investments, Inc. dba Cayco Landscaping agree that
Blue Marlin Investments, Inc. dba Cayco Landscaping shall provide all material, labor and
equipment of facilitate tree trimming at all Boynton Beach Facilities, Medians and Parks by
trimming all palms and hardwoods according to A300 (ANSI) standards; in the amount of
$304,168.15 annually based upon the City of Pembroke Pines Contract No. Re-20-08 for a two
(2)year term commencing 10/01/22, a copy of which is attached hereto as Exhibit"A", except as
hereinafter provided:
{00527258.1 306-9001821)
Piggyback Agreement—Blue Marlin Investments,Inc.dba Cayco Landscaping—Tree Trimming Svs 1
R22-156
A. All references to the City of Pembroke Pines Contract No. Re-20-08 shall be
deemed as references to the City of Boynton Beach.
B. All Notices to the City shall be sent to:
City: Daniel Dugger, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
Telephone: (561) 742-6010/Facsimile: (561) 742-6090
Copy: Michael D. Cirullo,Jr., 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:
TAX EXEMPT. Prices applicable to City do not include applicable state and local sales, use and
related taxes.The City is exempt from state and local sales and use taxes and shall not be invoiced
for the same. Upon request City will provide Contractor with proof of tax-exempt status.
SOVEREIGN IMMUNITY. Nothing contained in Agreement nor contained herein shall be
considered nor construed to waive City's rights and immunities under the common law or Section
768.28, Florida Statutes, as may be amended.
BINDING AUTHORITY. Each person signing this Addendum on behalf of either Party
individually warrants that he or she has full legal power to execute the Addendum on behalf of the
Party for whom he or she is signing, and to bind and obligate such Party with respect to all
provisions contained in this Addendum.
ATTORNEY'S FEES.In the event that either Party brings suit for enforcement of the Agreement,
each Party shall bear its own attorney's fees and court costs.
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 Vendor 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
{00527258.1 306.9001821)
Piggyback Agreement-Blue Marlin Investments,Inc.dba Cayco Landscaping-Tree Trimming Svs 2
R22-156
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.
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:
CITY CLERK OFFICE
100 E. OCEAN AVENUE
BOYNTON BEACH, FLORIDA, 33435
561-742-6060
CityClerk@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.
E-VERIFY. CONTRACTOR certifies that it is aware of and complies with the requirements of
Section 448.095, Florida Statutes, as may be amended from time to time and briefly described
herein below.
100527258.1 306-90018211
Piggyback Agreement—Blue Marlin Investments,Inc.dba Cayco Landscaping—Tree Trimming Sys 3
R22-156
1. Definitions for this Section:
A. "Contractor" means a person or entity that has entered or is attempting to
enter into a contract with a public employer to provide labor, supplies, or
services to such employer in exchange for a salary, wages, or other
remuneration. "Contractor" includes, but is not limited to, a vendor or
consultant.
B. "Subcontractor" means a person or entity that provides labor, supplies, or
services to or for a contractor or another subcontractor in exchange for a
salary,wages, or other remuneration.
C. "E-Verify System"means an Internet-based system operated by the United
States Department of Homeland Security that allows participating
employers to electronically verify the employment eligibility of newly hired
employees.
2. Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes,
effective January 1, 2021, Contractors, shall register with and use the E-Verify System in
order to verify the work authorization status of all newly hired employees. Contractor shall
register for and utilize the U.S. Department of Homeland Security's E-Verify System to
verify the employment eligibility of:
A. All persons employed by a Contractor to perform employment duties within
Florida during the term of the contract; and
B. All persons (including sub-vendors/sub-consultants/sub-contractors)
assigned by Contractor to perform work pursuant to the contract with the
City of Boynton Beach. The Contractor acknowledges and agrees that
registration and use of the U.S. Department of Homeland Security's E-
Verify System during the term of the contract is a condition of the contract
with the City of Boynton Beach; and
C. The Contractor shall comply with the provisions of Section 448.095, Fla.
Stat., "Employment Eligibility," as amended from time to time. This
includes, but is not limited to registration and utilization of the E-Verify
System to verify the work authorization status of all newly hired employees.
Contractor shall also require all subcontractors to provide an affidavit
attesting that the subcontractor does not employ, contract with, or
subcontract with, an unauthorized alien. The Contractor shall maintain a
copy of such affidavit for the duration of the contract. Failure to comply
will lead to termination of this Contract, or if a subcontractor knowingly
violates the statute, the subcontract must be terminated immediately. Any
challenge to termination under this provision must be filed in the Circuit
Court no later than twenty(20) calendar days after the date of termination.
Termination of this Contract under this Section is not a breach of contract
and may not be considered as such. If this contract is terminated for a
violation of the statute by the Contractor, the Contractor may not be
awarded a public contract for a period of one (1) year after the date of
termination.
100527258.1 306-9001821
Piggyback Agreement-Blue Marlin Investments,Inc.dba Cayco Landscaping-Tree Trimming Svs 4
R22-156
ie with to the performance of this
DISPUTES. Any disputes that arise between the partiesrespect
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.
TERMINATION FOR CONVENIENCE. This Agreement may be terminated by the City for
convenience,upon fourteen(14)days of written notice by the terminating party to the other party
for such termination in which event the Contractor shall be paid its compensation for services
performed to the termination date, including services reasonably related to termination. In the
event that the Contractor abandons the Agreement or causes it to be terminated, the Contractor
shall indemnify the City against loss pertaining to this termination.
TERMINATION FOR CAUSE. In addition to all other remedies available to City, this
Agreement shall be subject to cancellation by City for cause, should Contractor neglect or fail to
perform or observe any of the terms, provisions, conditions, or requirements herein contained, if
such neglect or failure shall continue for a period of thirty(30)days after receipt by Contractor of
written notice of such neglect or failure.
INDEMNIFICATION. Contractor shall indemnify and hold harmless the City, its elected and
appointed officers, agents, assigns and employees, consultants, separate contractors, any of their
subcontractors, or sub-subcontractors, from and against claims, demands, or causes of action
whatsoever, and the resulting losses, damages, costs and expenses, including but not limited to
attorneys' fees,including paralegal expenses, liabilities,damages,orders,judgements,or decrees,
sustained by the City arising out of or resulting from (A) Contractor's performance or breach of
Agreement, (B) acts or omissions, negligence, recklessness, or intentional wrongful conduct by
Contractor's, its agents, employees, subcontractors, participants, and volunteers, and (C)
Contractor's failure to take out and maintain insurance as required under this Agreement.
Contractor's shall pay all claims and losses in connection therewith and shall investigate and
defend all claims, suits or actions of any kind or nature in the name of the City, where applicable
including appellate proceedings, and shall pay all costs,judgements, and attorneys' fees which
may issue thereon. The obligations of this section shall survive indefinitely regardless of
termination of Agreement.
LIMITATION OF LIABILITY. Notwithstanding any provision of the Agreement to which it
is applicable, City shall not be liable or responsible to Contractor beyond the amount remaining
due to Contractor under the Agreement., regardless of whether said liability be based in tort,
contract, indemnity or otherwise; and in no event shall City be liable to Contractor for punitive or
exemplary damages or for lost profits or consequential damages.
INDEPENDENT CONTRACTOR. The Agreement does not create an employee/employer
relationship between the Parties. It is the intent of the Parties that Contractor is an independent
(00527258.1 306.9001821}
Piggyback Agreement—Blue Marlin Investments,Inc.dba Cayco Landscaping—Tree Trimming Svs 5
R22-156
contractor pursuant to the Agreement and shall not be considered the City's employee for any
purpose.
COUNTERPARTS AND EXECUTION. This Addendum may be executed by electronic
signature or by hand,in multiple originals or counterparts,each of which shall be deemed to be an
original and together shall constitute one and the same agreement. Execution and delivery of this
Addendum by the Parties shall be legally binding,valid and effective upon delivery of the executed
documents to the other Party through facsimile transmission, email, or other electronic delivery.
COMPLIANCE WITH LAWS.Contractor hereby warrants and agrees,that at all times material
to the Agreement, Contractor shall perform its obligations in compliance with all applicable
federal, state, local laws, rules and regulations, including Section 501.171, Florida Statutes. Non-
compliance may constitute a material breach of the Agreement.
ASSIGNMENT. In the event Agreement, and any interests granted herein shall be assigned,
transferred, or otherwise encumbered, under any circumstances by Contractor, Contractor must
gain prior written consent from City thirty (30) days before such transfer. For purposes of
Agreement, any change of ownership of Company shall constitute an assignment which requires
City's approval. Notwithstanding the foregoing, Contractor may, without City's consent, assign
this Agreement in whole or in part as part of a corporate reorganization, consolidation,merger or
sale of substantially all of its assets related to this Agreement.Contractor shall provide City written
notice of any such corporate reorganization,consolidation,merger or sale of substantially all of its
assets related to this Agreement within thirty(30)days of such event.
AGREEMENT SUBJECT TO FUNDING. The Agreement shall remain in full force and effect
only as long as the expenditures provided for in the Agreement have been appropriated by the City
Commission of the City of Boynton Beach in the annual budget for each fiscal year of this
Agreement, and is subject to termination based on lack of funding. Early termination by City due
to loss of funding shall not obligate Contractor to refund any prepaid fees.
CONFLICT. In the event of any conflict or ambiguity by and between the terms and provisions
of Agreement,and the terms and conditions contained in the Agreement with the City of Pembroke
Pines, the Parties agree the terms and provisions contained in this Agreement shall control to the
extent of any such conflict or ambiguity.
Section 1. Entire Agreement. The Agreement and this Addendum, and any subsequent
amendments or purchase orders signed by the Parties hereto shall constitute the entire
understanding of the Parties.
Section 2. Severability. If any provision of this Addendum or application thereof to any
person or situation shall to any extent,be held invalid or unenforceable, the remainder of
this Addendum, and the application of such provisions to persons or situations other than
those as to which it shall have been held invalid or unenforceable, shall not be affected
thereby, and shall continue in full force and effect, and be enforced to the fullest extent
permitted by law.
Section 3. In the event that the Blue Marlin Investments, Inc. dba CAYCO Landscaping
agreement with the City of Pembroke Pines is amended, or terminated, Blue Marlin
(00527258.1 306-9001821)
Piggyback Agreement—Blue Marlin Investments,Inc.dba Cayco Landscaping—Tree Trimming Svs 6
R22-156
Investments, Inc. dba CAYCO Landscaping shall notify the City within ten(10) days. In
the event Blue Marlin Investments, Inc. dba CAYCO Landscaping agreement is amended
or terminated prior to its expiration, this Contract shall remain in full force and effect, and
not be deemed amended or terminated until specifically amended or terminated by the
parties hereto.
Section 4.Blue Marlin Investments,Inc.dba CAYCO Landscaping agrees that in the event
it enters into a Contract for the same (or substantially similar) scope of services with
another local government in Florida which contains a term or condition, including fees,
charges, or costs, which the City determines to be more favorable than the terms in this
Contract, the parties shall enter into an Addendum to provide those terms to the City.
Section 5. The insurance required shall require that the Certificate of Insurance name the
City of Boynton Beach as an additional insured.
Section 6. In all other aspects, the terms and conditions of the Blue Marlin Investments,
Inc. dba CAYCO Landscaping Agreement with the City of Pembroke Pines are hereby
ratified and shall remain in full force and effect under this Contract, as provided by their
terms.
(00527258.1 306-9001821)
Piggyback Agreement—Blue Marlin Investments,Inc.dba Cayco Landscaping—Tree Trimming Svs 7
R22-E56
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first written above.
CITY OF BOYNTON BEACH, LORIDA BLUE MARLIN INVESTMENTS DBA
CAYCO LANDSC. ING
'
Daniel Duggcr, City Mana6cr (Signaturc)-��+ y
0:•,Al_l-a11. .P-1,A2A/C2-
Pit Name of Authorized Official
:W./4..Slota___
Title
Approved as to Fo ,
lii
/
Michael D. Cirullo, Jr., City Attorney (Corporate Scal)
Attcst/Authcnt' .t/':
Adie
Attested/Authenticated: ( 7,2 P
(Signature), Witn*.
iii ,I OS
Al Q Qn cit o-v�v,OAb
City Ceti• Print Name"
00,NTON�.,..
iii• —• SENL :
tN 192O /
'I
I '
�``. F10R'°P
� .
;r.0:72.5+I"•r,.wklti I I
P g b.kk AFncinrnl Blue Aladin!mt.-dint-8K Inc dlu Capco tends.aping Env Tramming Ss. N
I
R22-156
IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day
and year first written above.
CITY OF BOYNTON BEACH, LORIDA BLUE MARLIN INVESTMENTS DBA
CAYCO LANDSCAPING
f
Daniel Dugger, City Mana_er (Signature), Company
Print Name of Authorized Official
Title
Approved as to Fo .
Michael D. Cirullo, Jr., City Attorney (Corporate Seal)
Attest/Authenticated:
Attested/Authenticated:
(Signature), Witness
1...1_1 _01/;--
_
City I ler; Print Name
D�NTO/y``‘‘
SEAL
1ED:
0
; 1NCORPORA
•
1920 ;
FLOR'
100527258.1 306-9001821 1
Piggyback Agreement—Blue Marlin Investments,Inc.dba Cayco Landscaping—Tree Trimming Svs 8
R22-156
EXHIBIT A
AGREEMENT BETWEEN THE CITY OF PEMBROKE PINES
AND BLUE MARLIN INVESTMENTS DBA CAYCO
LANDSCAPING
100527258.1306-9001821)
Piggyback Agreement—Blue Marlin Investments,Inc.dba Cayco Landscaping—Tree Trimming Svs 9