R24-161 1 RESOLUTION NO. R24-161
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING A LIMITED TERM EXTENSION AMENDMENT
5 TO AGREEMENT WITH JOHNSON-DAVIS INC., FOR REPAIRS AND
6 EMERGENCY SERVICES FOR WATER DISTRIBUTION, WASTEWATER
7 COLLECTION, AND STORMWATER UTILITY SYSTEMS BID NO. 0192821-
8 19/IT; APPROVING A LIMITED TERM EXTENSION AMENDMENT WITH
9 AGREEMENT WITH MADSEN BARR, CORP., FOR REPAIRS AND EMERGENCY
10 SERVICES FOR WATER DISTRIBUTION, WASTEWATER COLLECTION, AND
11 STORMWATER UTILITY SYSTEMS BID NO. 0192821-19/IT; PROVIDING AN
12 EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES.
13
14 WHEREAS, the City and Johnson-Davis Inc., entered into Contract No. 019-2821-19/IT for
l5 Repairs and Emergency Services for Water Distribution, Wastewater Collection, and Stormwater
16 Utility Systems; and
17 WHEREAS, the City and Madsen Barr Corp., entered into Contract No. 019-2821-19/IT for
18 Repairs and Emergency Services for Water Distribution, Wastewater Collection, and Stormwater
19 Utility Systems; and
20 WHEREAS, the Agreements expired May 7, 2024, and all renewal options for the
21 Agreements have been exercised; and
22 WHEREAS, the City is issuing a procurement solicitation to select a vendor and desires to
23 extend the Term of the Agreements on a limited basis to ensure the City has adequate services in
24 response to an emergency and to provide time for the issuance of a competitive solicitation for a
25 new contract; and
26 WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in
27 the best interests of the citizens and residents of the City to approve a Limited Term Extension
28 Amendment to Agreement with Johnson-Davis Inc., for Repairs and Emergency Services for Water
29 Distribution, Wastewater Collection, and Stormwater Utility Systems Bid No. 0192821-19/IT, and
30 approve a Limited Term Extension Amendment to Agreement with Madsen Barr, Corp., for Repairs
31 and Emergency Services for Water Distribution, Wastewater Collection, and Stormwater Utility
32 Systems Bid No. 0192821-19/IT.
33
34
35 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
36 BEACH, FLORIDA, THAT:
37 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
38 being true and correct and are hereby made a specific part of this Resolution upon adoption.
39 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
40 approve a Limited Term Extension Amendment to Agreement with Johnson-Davis Inc., for Repairs
41 and Emergency Services for Water Distribution, Wastewater Collection, and Stormwater Utility
42 Systems Bid No. 0192821-19/IT, in form and substance similar to that attached as "Exhibit A."
43 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby
44 approve a Limited Term Extension Amendment to Agreement with Madsen Barr,Corp.,for Repairs
45 and Emergency Services for Water Distribution, Wastewater Collection, and Stormwater Utility
46 Systems Bid No. 0192821-19/IT, in form and substance similar to that attached as "Exhibit B."
47 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby
48 authorizes the Mayor to execute the Limited Term Amendments and such other related
49 documents as may be necessary to accomplish the purpose of this Resolution.
50 SECTION 5. One fully-executed original of the Amendments shall be retained by the
51 City Clerk as a public record of the City. A copy of the fully-executed Amendments shall be
52 provided to Poonam Kalkat to forward to the Vendors.
53 SECTION 6. This Resolution shall take effect in accordance with law.
54
55
56
57 [signatures on following page]
58
59
60
61
62 PASSED AND ADOPTED this 16th day of July 2024.
63 CITY OF BOYNTON BEACH, FLORIDA
64 YES NO
65 Mayor—Ty Penserga ,AtG -1--
66t.
67 Vice Mayor—Aimee Kelley
68 4/
69 Commissioner—Angela Cruz
70 ✓
71 Commissioner—Woodrow L. Hay
72 L.
73 Commissioner—Thomas Turkin
74 9
75 VOTE
76 •T:
77c- . !..AO .,_
78 1 _ 7 • - ,-- d=r ../......
79 Mayle: D- -sus, MP MMC Ty P-•--
80 City CI rk __- o Boy,,,‘‘‘‘ Mayor
81 ; Gam.••.....................
82 f �:� kS 49 �'i� APPROVED AS TO FORM:
83 (Corporate Seal) $ . Noone�.4 ;•a $
84 c •' 19 0RgT i p
85 1 oI4‘‘O/DA ---r
0.'•.......•'. Alidna U ,S CJ
86 ‘`��R/DAShawna G. Lamb
87 City Attorney
LIMITED TERM EXTENSION AMENDMENT TO AGREEMENT BETWEEN THE
- - -:__ o CITY OF BOYNTON BEACH AND JOHNSON-DAVIS, INC., FOR REPAIRS AND
`A.,0 ei- EMERGENCY SERVICES FOR WATER DISTRIBUTION, WASTEWATER
• COLLECTION, AND STORMWATER UTILITY SYSTEMS
BID NO. 019-2821-19/IT
This Limited Term Extension Amendment("Amendment") is entered into by and between
the City of Boynton Beach, a Florida municipal corporation ("City"), and Johnson-Davis, Inc., a
Florida corporation ("Vendor") (collectively referred to as the "Parties").
RECITALS
A. The Parties entered into Contract No. 019-2821-19/IT (the "Agreement") for
Repairs and Emergency Services for Water Distribution, Wastewater Collection, and Stormwater
Utility Systems.
B. The current term of the Agreement expired on May 7, 2024, and all renewal
options for the Agreement between the City and Vendor have been exercised.
C. The City is issuing a procurement solicitation to select a vendor and desires to
extend the Term of the Agreement on a limited basis to ensure the City has adequate services in
response to an emergency and to provide time for the issuance of a competitive solicitation for
a new contract.
Now, therefore, in consideration of the mutual terms and conditions, promises,
covenants, and payments hereinafter set forth, the City and Vendor agree as follows:
1. The above Recitals are true and correct and are incorporated herein by reference. All
capitalized terms not expressly defined within this Amendment shall retain the meaning ascribed
to such terms in the Agreement.
2. Except as modified herein, all remaining terms and conditions of the Agreement shall
remain in full force and effect.
3. The Term of the Agreement is hereby extended on a month-to-month basis for an
additional six (6) months, expiring upon the earlier of November 7, 2024, or execution of a
contract under the City's procurement solicitation.
4. In the event of any conflict or ambiguity between this Amendment and the Agreement,
the Parties agree that this Amendment shall control. The Agreement, as amended herein by this
Amendment, incorporates and includes all prior negotiations, correspondence, conversations,
agreements, and understandings applicable to the matters contained herein, and the Parties
Limited Term Extension Amendment—Johnson-Davis (Emergency Repairs) Page 1 of 3
agree that there are no commitments, agreements, or understandings concerning the subject
matter hereof that are not contained in the Agreement as amended in this
Amendment. Accordingly, the Parties agree that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements, whether oral or written.
5. Vendor acknowledges that through the date this Amendment is executed by Vendor,
Vendor has no claims or disputes against City with respect to any of the matters covered by the
Agreement.
6. The following new sections are added to the Agreement as follows:
(a) Verification of Employment Eligibility. Vendor represents that Vendor and each
subcontractor have registered with and use the E-Verify system maintained by the United
States Department of Homeland Security to verify the work authorization status of all
newly hired employees in compliance with the requirements of Section 448.095, Florida
Statutes, and that entry into this Agreement will not violate that statute. If Vendor
violates this section, City may immediately terminate this Agreement for cause, and
Vendor shall be liable for all costs incurred by City due to the termination.
(b) Prohibited Telecommunications Equipment. Vendor represents and certifies that
Vendor and all subcontractors do not use any equipment, system, or service that uses
covered telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system, as such terms
are used in 48 CFR §§ 52.204-24 through 52.204-26. Vendor represents and certifies that
Vendor and all subcontractors shall not provide or use such covered telecommunications
equipment, system, or services during the duration of the term of the Agreement.
(c) Sovereign Immunity. Except to the extent sovereign immunity may be deemed
waived by entering into this Agreement, nothing herein is intended to serve as a waiver
of sovereign immunity by City, nor shall anything included herein be construed as consent
by City to be sued by third parties in any matter arising out of this Agreement.
(d) Anti-Human Trafficking. On or before the Effective Date of this Amendment,
Vendor shall provide City with an affidavit attesting that the Vendor does not use coercion
for labor or services, in accordance with Section 787.06(13), Florida Statutes.
7. The effective date of this Amendment shall be the date of complete execution by the
Parties.
8. This Amendment may be executed in multiple originals, and may be executed in
counterparts, whether signed physically or electronically, each of which shall be deemed to be
an original, but all of which, taken together, shall constitute one and the same agreement.
(The remainder of this page is blank.)
Limited Term Extension Amendment—Johnson-Davis (Emergency Repairs) Page 2 of 3
CITY
CITY OF BOYNTON BEACH
By
'• - ga, Mayor
OF BOy ‘‘
lT d- • (. ••
•
Atte . :�tico, •
rn 3
R 43%
:
City Clerk rit .19 04)4,• ;0
0
CITY ATTORNEY'S OFFICE iQ/D• •••'••
Approved as to form a d legality A��,.
)iqrn`J
VENDOR
JOHNSON-DAVIS, INC.
By
Authorized Signer
IA S SFJ CL —C
Print Name and Title
day of .)Y1 .--7 , 2024
SRW
7.2.24
Utility Repairs and Emergency Services Limited Term Extension
Limited Term Extension Amendment—Johnson-Davis (Emergency Repairs) Page 3 of 3
Y p�
**-7 LIMITED TERM EXTENSION AMENDMENT TO AGREEMENT BETWEEN THE
0 _. � CITY OF BOYNTON BEACH AND MADSEN BARR, CORP. FOR REPAIRS AND
tiroN e`° EMERGENCY SERVICES FOR WATER DISTRIBUTION, WASTEWATER
COLLECTION, AND STORM WATER UTILITY SYSTEMS
BID NO. 019-2821-19/IT
This Limited Term Extension Amendment ("Amendment") is entered into by and between
the City of Boynton Beach, a Florida municipal corporation ("City"), and Madsen Barr, Corp., a
Florida corporation ("Vendor") (collectively referred to as the "Parties").
RECITALS
A. The Parties entered into Contract No. 019-2821-19/IT (the "Agreement") for
Repairs and Emergency Services for Water Distribution, Wastewater Collection, and Stormwater
Utility Systems.
B. The current term of the Agreement expired on May 7, 2024, and all renewal
options for the Agreement between the City and Vendor have been exercised.
C. The City is issuing a procurement solicitation to select a vendor and desires to
extend the Term of the Agreement on a limited basis to ensure the City has adequate services in
response to an emergency and to provide time for the issuance of a competitive solicitation for
a new contract.
Now, therefore, in consideration of the mutual terms and conditions, promises,
covenants, and payments hereinafter set forth, the City and Vendor agree as follows:
1. The above Recitals are true and correct and are incorporated herein by reference. All
capitalized terms not expressly defined within this Amendment shall retain the meaning ascribed
to such terms in the Agreement.
2. Except as modified herein, all remaining terms and conditions of the Agreement shall
remain in full force and effect.
3. The Term of the Agreement is hereby extended on a month-to-month basis for an
additional six (6) months, expiring upon the earlier of November 7, 2024, or execution of a
contract under the City's procurement solicitation.
4. In the event of any conflict or ambiguity between this Amendment and the Agreement,
the Parties agree that this Amendment shall control. The Agreement, as amended herein by this
Amendment, incorporates and includes all prior negotiations, correspondence, conversations,
agreements, and understandings applicable to the matters contained herein, and the Parties
Limited Term Extension Amendment — Madsen Barr (Emergency Repairs) Page 1 of 3
agree that there are no commitments, agreements, or understandings concerning the subject
matter hereof that are not contained in the Agreement as amended in this
Amendment. Accordingly, the Parties agree that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements, whether oral or written.
5. Vendor acknowledges that through the date this Amendment is executed by Vendor,
Vendor has no claims or disputes against City with respect to any of the matters covered by the
Agreement.
6. The following new sections are added to the Agreement as follows:
(a) Verification of Employment Eligibility. Vendor represents that Vendor and each
subcontractor have registered with and use the E-Verify system maintained by the United
States Department of Homeland Security to verify the work authorization status of all
newly hired employees in compliance with the requirements of Section 448.095, Florida
Statutes, and that entry into this Agreement will not violate that statute. If Vendor
violates this section, City may immediately terminate this Agreement for cause, and
Vendor shall be liable for all costs incurred by City due to the termination.
(b) Prohibited Telecommunications Equipment. Vendor represents and certifies that
Vendor and all subcontractors do not use any equipment, system, or service that uses
covered telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system, as such terms
are used in 48 CFR §§ 52.204-24 through 52.204-26. Vendor represents and certifies that
Vendor and all subcontractors shall not provide or use such covered telecommunications
equipment, system, or services during the duration of the term of the Agreement.
(c) Sovereign Immunity. Except to the extent sovereign immunity may be deemed
waived by entering into this Agreement, nothing herein is intended to serve as a waiver
of sovereign immunity by City, nor shall anything included herein be construed as consent
by City to be sued by third parties in any matter arising out of this Agreement.
(d) Anti-Human Trafficking. On or before the Effective Date of this Amendment,
Vendor shall provide City with an affidavit attesting that the Vendor does not use coercion
for labor or services, in accordance with Section 787.06(13), Florida Statutes.
7. The effective date of this Amendment shall be the date of complete execution by the
Parties.
8. This Amendment may be executed in multiple originals, and may be executed in
counterparts, whether signed physically or electronically, each of which shall be deemed to be
an original, but all of which, taken together, shall constitute one and the same agreement.
(The remainder of this page is blank.)
Limited Term Extension Amendment — Madsen Barr (Emergency Repairs) Page 2 of 3
CITY
CITY OF BOYNTON BEACH
By
••ns- ga,Mayor _ -
�� OF Bo;%.,1
/7 day . , 2024 C'. '� �RpO4.y�0
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Atte• : • %�°o n
CityClerk -�'• 9c��9� :�nf
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‘t` /Dq• __-
CITY ATTORNEY'S OFFICE
Approved as to form and legality
By: dainAr J
VENDOR
MADSEN B RR, CORP.
YIMO
Au - : igner
j 044 L PARS., -04t="34"--0--z4.7—
Print
. +'-- 4. —
Print Name and Title
-' day of `-1V! , 2024
•. cr
Utility Repairs and Emergency Services Limited Term Extension
Limited Term Extension Amendment- Madsen Barr (Emergency Repairs) Page 3 of 3