MEMO

TO: DDA Board

Rick Reikenis, Chairman

Bill Jacobson, Vice Chairman

Bob Sanders

Daryl Houston

Samantha Bratter

Cynthia Nalley

Varisa Lall Dass

FROM: Catherine Ast, District Services Manager

RE: Landscaping Services Contract Renewal

DATE: June 20th, 2023

In June of 2020, through an RFP process, Scott Lewis Gardening was selected as the contractor for Landscaping Services for the Downtown District. The original contract term was for three years with two 1-year renewal options. Services include, but are not limited to:

A. Hanging baskets, and tree trimming along Clematis Street

B. Plant beds throughout district

C. City garages and City Hall

D. Tri-Rail station

Scott Lewis’ team has demonstrated their effectiveness and has been able to work with DDA staff to find solutions for the constantly changing needs of the downtown environment. The demands of the downtown area require an enhanced level of care to maintain the extensive number of landscaped areas throughout our district

Staff will provide a brief presentation detailing the services provided under this agreement to the Board. Staff recommends approval of the first one (1) year renewal option for the Landscaping Services Agreement with Scott Lewis’ Gardening.

THIRD ADDENDUM TO THE AGREEMENT BETWEEN THE WEST PALM BEACH DOWNTOWN DEVELOPMENT AUTHORITY AND SCOTT LEWIS’ GARDENING & TRIMMING, INC.

THIS THIRD ADDENDUM TO THE AGREEMENT BETWEEN THE WEST PALM BEACH DOWNTOWN DEVELOPMENT AUTHORITY AND SCOTT LEWIS’ GARDENING & TRIMMING, INC., is made and entered into as of the day of May, 2023 by and between the WEST PALM BEACH DOWNTOWN DEVELOPMENT AUTHORITY, a special district created under the laws of the state of Florida, with offices located at 300 Clematis Street, Suite 200, West Palm Beach, FL 33401 (“DDA”), and Scott Lewis’ Gardening & Trimming, Inc., with offices located at 514 14th Street, West Palm Beach, FL 33401 (“Contractor”).

WHEREAS, the DDA and Contractor entered into a Landscaping Services Agreement dated July 21, 2020 effective retroactively to June 1, 2020, hereinafter “AGREEMENT”; and

WHEREAS, the DDA and Contractor amended the Scope of Services by executing the First Addendum to the AGREEMENT on October 20, 2020; and

WHEREAS, the DDA and Contractor amended the Scope of Services by executing the Second Addendum to the AGREEMENT on July 20, 2021; and

WHEREAS, Article 1 of the AGREEMENT provides that no amendment to the AGREEMENT shall be effective unless made in writing and signed by the parties; and

WHEREAS, the parties now desire to amend ARTICLE 5 CONTRACT TERMS of the AGREEMENT as more particularly set forth herein below.

NOW THEREFORE, in consideration of the mutual covenants contained herein and in the original AGREEMENT, and other good and valuable consideration, the receipt of which is hereby acknowledged by both parties, the parties agree as follows:

1. ARTICLE 5. CONTRACT TERMS

The DDA and Contractor agree to execute the first renewal option of ONE (1) additional ONE year term, August 1, 2023, the Effective Date, through July 30, 2024.

2. This Second Addendum shall become part of the AGREEMENT.

3. All other terms, conditions, and provisions of the AGREEMENT, the First Addendum, and Second Addendum shall remain in full force and effect except as amended herein.

IN WITNESS WHEREOF, the parties have hereto executed this Third Addendum the day and year written above.

WEST