R25-119 RESOLUTION NO. R25-119
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE CITY
5 AND CROM COATINGS AND RESTORATIONS, A DIVISION OF CROM
6 LLC, FOR GROUND STORAGE TANK INSPECTION AND REPAIR
7 SERVICES ON AN AS-NEEDED BASIS IN AN ANNUAL AMOUNT NOT
8 TO EXCEED $350,000; AND FOR ALL OTHER PURPOSES.
9
10 WHEREAS, the City needs repairs on drinking water storage tanks; and
11 WHEREAS, CROM Coatings and Restorations, a division of CROM LLC ("Vendor"), is the
12 sole source to provide inspections, repairs, and modifications on all CROM, LLC
13 prestressed composite tanks; and
14 WHEREAS, utilizing another vendor would void the warranty for these tanks; and
15 WHEREAS, per the procurement policy, Section X. Alternatives To Formal Seal Bids 5.
16 Allows for Sole Source Services and Purchases, and the definition of a Sole Source Purchase allows
17 an award for Commodities, Services, or a construction item without competition when it is
18 determined that there is only one source available. This may include, without limitation, repairs or
19 additions from the original equipment manufacturer, only supplier in the area, franchised or
20 licensed distributor or service, or patented or proprietary item; and
21 WHEREAS, the Vendor has provided the applicable letter to the City that meets the Sole
22 Source Procurement Exemption; and
23 WHEREAS, the City desires to engage the Vendor to provide ground storage tank
24 inspection and repair services (the "Services") on an as-needed basis; and
25 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
26 best interests of the city's citizens and residents to approve an Agreement between the City and
27 CROM Coatings and Restorations, a division of CROM LLC, for ground storage tank inspection
28 and repair services on an as-needed basis in an annual amount not to exceed $350,000.
29
30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
31 BEACH, FLORIDA, THAT:
32 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
33 being true and correct and are hereby made a specific part of this Resolution upon adoption.
34 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
35 approve the Agreement between the City and CROM Coatings and Restorations, a division of
36 CROM LLC, for ground storage tank inspection and repair services on an as-needed basis in an
37 annual amount not to exceed $350,000 (the "Agreement"), in form and substance similar to that
38 attached as Exhibit A.
39 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
40 authorizes the Mayor to execute the Agreement, any task order up to the appropriate annual not
41 to exceed amount, and any ancillary documents required under the Agreement or necessary to
42 accomplish the purposes of the Agreement and this Resolution.
43 SECTION 4. The City Clerk shall retain the fully executed Agreement as a public record
44 of the City. A copy of the fully executed Agreement shall be provided to Bryan Heller to forward
45 to the Vendor.
46 SECTION 5. This Resolution shall take effect in accordance with law.
47
48
49
50 [SIGNATURES ON THE FOLLOWING PAGE]
51
52 PASSED AND ADOPTED this bc141
day of /MI
2025.
53 CITY OF BOYNTON BEACH, FLORIDA
54 YES r NO
55 Mayor- Rebecca Shelton ,/
56
V
57 Vice Mayor-Woodrow L. Hay
58 /
59 Commissioner-Angela Cruz ✓
60
61 Commissioner-Thomas Turkin -451:2014f_
62 t.
63 Commissioner-Aimee Kelley
64 /�
65 VOTE
66 A T:
670 68 I . . . l
69 Mayle• Ii Jesus, MP MMC '-i ecca Shelton
70 City Clerk Mayor
71
72 -OF B01'NT�%,� APPROVED AS TO FORM:
73 (Corporate Seal) ;'`,;.*CunrvRgT•x'11
74
( (;NL
76 '14/ • 1920 TED' J Shawna G. Lamb
77 1� •As,•.....•••'• City Attorney
``� ORIDA
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND
CROM COATINGS AND RESTORATIONS, A DIVISION OF CROM, LLC FOR
GROUND STORAGE TANK INSPECTION�� AND REPAIR SERVICES
This Agreement is made as of this ' 'day of , 20 , by and between
CROM Coatings and Restorations ("CCR"), a division of CROM1 C, with a principal address of 250
SW 36th Terrace, Gainesville, FL 32607, hereinafter referred to as "Vendor," 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, Florida 33435, hereinafter referred
to as "City." In consideration of the mutual benefits, terms, and conditions hereinafter specified,
the Parties agree as set forth below.
WHEREAS, the City needs repairs on drinking water storage tanks, and
WHEREAS,the Vendor is the sole source to provide inspections, repairs,and modifications
on all CROM, LLC prestressed composite tanks; and
WHEREAS, utilizing another vendor would void the warranty for these tanks, and
WHEREAS, per the procurement policy, Section X. Alternatives To Formal Seal Bids 5.
Allows for Sole Source Services and Purchases, and
WHEREAS, the definition of a Sole Source Purchase allows an award for Commodities,
Services, or a construction item without competition when it is determined that there is only one
source available. This may include, without limitation, repairs or additions from the original
equipment manufacturer, only supplier in the area, franchised or licensed distributor or service,
or patented or propriety item, and
WHEREAS, the Vendor has provided the applicable letter to the City that meets the Sole
Source Procurement Exemption, and
WHEREAS, the City desires to engage Vendor to provide ground storage tank inspection
and repair services (the "Services") on an as-needed basis; and
WHEREAS, Vendor has agreed to provide the Services in accordance with the terms and
conditions set forth herein.
NOW THEREFORE, for and in consideration of the mutual covenants and promises as
hereinafter set forth and of the faithful performance of such covenants and conditions, the City
and Vendor do hereby agree as follows:
Sole Source Agreement—CROM Coatings and Restorations 1
1. SERVICES: Vendor shall provide all equipment, materials, tasks, and labor necessary to
provide ground storage tank inspection and repair services on an as-needed basis. The
Services are described in further detail in Exhibit A. Vendor shall perform all Services
diligently, carefully, and thoroughly consistent with good business practice. Time shall be
of the essence concerning all matters outlined in this Agreement. Vendor shall warrant
that the Services be free from improper workmanship and defective materials for the
period specified in each quote or Task Order.
2. METHOD OF ORDERING SERVICES:
a. Direct Orders. Orders valued at less than $10,000 total, or which, in the City's
determination, requires immediate acquisition, may be ordered by the City under
this Agreement, as needed, without issuing a Task Order. City staff shall confirm
such request for Services via email to the Vendor describing the scope of work,
fee, schedule, and deliverables and reference to this Agreement. All such Services
shall be provided and invoiced under the terms of this Agreement. Orders shall
not be broken out into smaller direct orders to avoid the issuance of a Task Order.
Upon completion of each scope of work, the Vendor will submit an individual
invoice of said order indicating the date the Services were rendered, the
description and quantity of the Services, and the rates charged in accordance with
the Agreement. In the event that $10,000 or less of work is ordered by the City,
then the City will sign The Vendor's WO or send a confirming email documenting
the scope, duration and the price of the work to be provided to document such an
order and agreement to make payment per this CSA.
b. Task Orders.The City may issue a Task Order for work valued at $10,000 or more
and/or for specific orders that may require a detailed scope of work, specific
completion dates, or other special terms necessary for the task. Such Task Orders
will be in a format similar to the Task Order attached to this Agreement as Exhibit
B. All terms and conditions of the Agreement will apply to each Task Order. The
Mayor is authorized to execute Task Orders up to the threshold in the City's
procurement policy (currently set at $50,000). Any Task Order in excess of the
then-current procurement policy threshold shall require approval of the City
Commission. Upon completion of each work task, the Vendor will submit an
individual invoice for each Task Order, a copy of the related Task Order, and any
other documents required by this Agreement or the applicable Task Order.
3. TIME FOR PERFORMANCE: Work under the Agreement and any applicable Task Order
shall commence upon the City giving written notice to the Vendor to proceed along with
a purchase order. Vendor shall perform all services required pursuant to this Agreement.
Time is of the essence for Vendor's performance of the duties, obligations, and
responsibilities required by this Agreement.
4. FEE: As compensation for Services rendered by Vendor to the City, the City shall pay the
Vendor an annual amount not to exceed Three Hundred Fifty Thousand Dollars
($350,000.00) ("Fee"). Fees shall be charged in accordance with the Fee Schedule
Sole Source Agreement—CROM Coatings and Restorations 2
attached hereto as Exhibit C, and as specified in each quote or Task Order. The Fee shall
be the sole compensation paid to Vendor in connection with the rendition of the Services
and the performance of any and all of its other obligations under this Agreement and shall
include any out-of-pocket or other expenses, including travel expenses, incurred by
Vendor.
5. TERM: This Agreement shall be for an initial term of five (5) years, commencing on
, 2025, and shall remain in effect through , 2030
("Initial Term"), unless otherwise terminated or extended as provided in this Agreement.
The City reserves the right to renew the Agreement for two (2) additional one-year
renewal terms (each an "Extension Term") on the same terms and conditions stated in
this Agreement, subject to Vendor's satisfactory performance as determined by the City,
determination by the City that renewal will be in the best interest of the City, and
confirmation that Vendor is the sole source to provide the Services. The Mayor is
authorized to execute the term extension amendment(s). If Vendor requests a rate
change at the time of renewal, such change shall not become effective until a written
amendment is approved by the City Commission and duly executed by the Parties.
6. NOTICES: All Notices to the City shall be in writing by certified mail return receipt
requested, or customarily used overnight transmission with proof of delivery, 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: Shawna G. Lamb, City Attorney
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
Telephone: (561) 742-6010/ Facsimile: (561) 742-6090
Vendor: CROM, LLC
250 SW 36TH TERRACE
GAINESVILLE, FL 32607
Contact: Cameron Kenyon, P.E.
Contact Address: 2090 Palm Beach Lakes Blvd. Suite 304
West Palm Beach, FL 33409
Telephone: 352-440-1721
Email:_ckenyon@cromcorp.com & risk@cromcorp.com
7. INVOICES AND PAYMENT: Invoices must identify the PO number and should be mailed
to:
Boynton Beach Finance Department
Sole Source Agreement—CROM Coatings and Restorations 3
Attn:Accounts Payable
P.O. Box 310
Boynton Beach, FL 33425
Invoices shall show the nature of the service and dates(s) of service. Invoices based on
hourly rates shall show the actual hours worked, the person performing Services, the
nature of the service, hourly rate, and date(s) of service. Invoices may be submitted after
such Services are performed; however, all Services provided before September 30th of
any given year must be invoiced by September 30th of that year. Vendor shall provide a
W-9 with the first invoice.
Payment shall only be made for Services actually ordered and received pursuant to this
Agreement. The fee shall be paid based on receipt of a proper invoice in accordance with
the invoice schedule indicated above. Payment will be made within 45 days of receipt of
a proper invoice in accordance with the Local Government Prompt Payment Act, Section
218.70, et al., Florida Statutes. No payment made under this Agreement shall be
conclusive evidence of the performance of this Agreement by Vendor, either wholly or in
part, and no payment shall be construed to be an acceptance of or to relieve Vendor of
liability for the defective, faulty, or incomplete rendition of the Services.
8. TAX EXEMPT: Prices applicable to the 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, the City will provide the Vendor with
proof of tax-exempt status.
9. SOVEREIGN IMMUNITY: Nothing contained in this Agreement nor contained herein shall
be considered nor construed to waive the City's rights and immunities under the common
law or section 768.28, Florida Statutes, as may be amended.
10. ATTORNEY'S FEES: If either Party sues to enforce the Agreement, each Party shall bear its
own attorney's fees and court costs.
11. PUBLIC RECORDS:The City is a public agency subject to Chapter 119, Florida Statutes. The
Vendor shall comply with Florida's Public Records Law. Specifically, the Vendor shall:
A. Keep and maintain public records required by the City to perform the service when
utilizing non-City-owned equipment;
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,
Sole Source Agreement—CROM Coatings and Restorations 4
Vendor shall destroy all copies of such confidential and exempt records remaining
in its possession once the Vendor transfers the records in its possession to the City;
and
D. Upon completion of the contract, Vendor shall transfer to the City, at no cost to the
City, all public records in Vendor's possession. All records stored electronically by
Vendor must be provided to the City, upon request from the City's custodian of
public records, in a format compatible with the City's information technology
systems.
E. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR'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
12. SCRUTINIZED COMPANIES-287.135 AND 215.473: By executing this Agreement,Vendor
certifies that Vendor is not participating in a boycott of Israel.The Vendor further certifies
that Vendor 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 Vendor 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 Vendor of the City's
determination concerning the false certification. The Vendor 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 Vendor 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 Vendor 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.
13. E-VERIFY: Vendor shall comply with Section 448.095, Fla. Stat., "Employment Eligibility,"
including the registration and use of the E-Verify system to verify the work authorization
status of employees. Failure to comply with Section 448.095, Fla. Stat. shall result in
termination of this Agreement. Any challenge to termination under this provision must
be filed in the Circuit Court no later than 20 calendar days after the date of termination.
Sole Source Agreement—CROM Coatings and Restorations 5
If this Agreement is terminated for a violation of the statute by Vendor, Vendor may not
be awarded a public contract for a period of one (1) year after the date of termination.
14. DISPUTES: Any disputes that arise between the parties regarding the performance of this
Agreement and cannot be resolved through negotiations shall be submitted to a court of
competent jurisdiction exclusively in Palm Beach County, Florida. This Agreement shall be
construed under Florida Law.
15.TERMINATION FOR CONVENIENCE: Either Party may terminate this Agreement for
convenience upon fourteen (14) calendar days of written notice, in which event the
Vendor shall be compensated for Services performed through the termination date.
16.TERMINATION FOR CAUSE: In addition to all other remedies available to the aggrieved
Party,this Agreement shall be subject to cancellation by either Party for cause, should the
other Party 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) calendar days after receipt by the defaulting Party of written notice of such
neglect or failure.
17. INDEMNIFICATION: Vendor shall indemnify and hold harmless the City and its elected
and appointed officers, agents, assigns and employees, consultants, separate Vendors,
any of their subcontractors, or sub-subcontractors (collectively, "Indemnified Party"),
from and against claims, demands, or causes of action whatsoever, and the resulting
losses, damages, costs, and expenses, including but not limited to reasonable attorneys'
fees, including paralegal expenses, liabilities, damages, orders, judgments, or decrees,
sustained by the Indemnified Party arising out of or resulting from and to the extent of:
(A) Vendor's performance or breach of Agreement, (B) negligence, recklessness, or
intentional wrongful conduct by Vendor's, its agents, employees, subcontractors,
participants, and volunteers, and (C) Vendor's failure to take out and maintain insurance
as required under this Agreement. Vendor shall pay all claims and losses in connection
therewith and shall investigate and defend all claims, suits, or actions of any kind or
nature against an Indemnified Party, where applicable, including appellate proceedings,
and shall pay all costs, judgments, and reasonable attorneys' fees which may issue
thereon.The obligations of this section shall survive indefinitely regardless of termination
of the Agreement. If considered necessary by the City and the City Attorney, any sums
due Vendor under this Agreement may be retained by the City until all claims subject to
this indemnification obligation have been settled or otherwise resolved. Any amount
rightfully withheld shall not be subject to payment of interest by the City.
18. INSURANCE: At the time of execution of this Agreement, the Vendor shall provide the
City with a copy of its Certificate of Insurance reflecting the following insurance coverage:
i. Workers' Compensation Insurance to apply for all employees in compliance with
the "Workers' Compensation Law" of the State of Florida and all applicable federal laws.
In addition, the policy(ies) shall include Employer's Liability with limits of One Million
Dollars ($1,000,000.00) each accident, One Million Dollars ($1,000,000.00) each
Sole Source Agreement—CROM Coatings and Restorations 6
condition, and One Million Dollars ($1,000,000.00) aggregate by condition.
ii. Comprehensive General Liability with minimum limits of One Million Dollars
($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and
Property Damage Liability shall include:
1. Premises and/or Operations on an occurrence basis.
2. Completed Operations Liability on an occurrence basis.
3. Broad Form Property Damage.
4. Broad Form Contractual Coverage applicable to this specific Agreement, including
any hold harmless and/or indemnification agreement.
The Certificate of Insurance shall name the City of Boynton Beach and its officers,
employees, and agents as additional insured.
19. LIMITATION OF LIABILITY / MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES:
Notwithstanding any provision of the Agreement to which it is applicable, City shall not
be liable or responsible to Vendor beyond the amount remaining due to Vendor under
the Agreement, regardless of whether said liability be based in tort, contract, indemnity
or otherwise;and in no event shall City nor Vendor be liable to the other Party for punitive
or exemplary damages or lost profits or consequential damages.
20. INDEPENDENT CONTRACTOR: The Agreement does not create an employee/employer
relationship between the Parties. The Parties intend that Vendor is an independent
contractor pursuant to the Agreement and shall not be considered the City's employee
for any purpose. Vendor shall not have the right to bind City to any obligation not
expressly undertaken by City under this Agreement
21. COMPLIANCE WITH LAWS: Vendor hereby warrants and agrees that at all times material
to the Agreement, Vendor shall perform its obligations in compliance with all applicable
federal, state, and local laws, rules, and regulations, including section 501.171, Florida
Statutes. Non-compliance may constitute a material breach of the Agreement.
22. ASSIGNMENT: If this Agreement and any interests granted herein shall be assigned,
transferred, or otherwise encumbered under any circumstances by Vendor, Vendor must
gain prior written consent from City thirty (30) business days before such transfer. For
purposes of this Agreement, any company ownership change shall constitute an
assignment that requires the City's approval. Notwithstanding the foregoing, Vendor
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. Vendor 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) calendar days of such event.
23. NO LIEN. The Vendor shall not at any time permit any lien, attachment, or any other
encumbrance under the laws of the State of Florida, or otherwise, by any person or
Sole Source Agreement—CROM Coatings and Restorations 7
persons whomsoever to be filed or recorded against the City, against any City property or
money due or to become due for any work done or materials furnished under this
Agreement by Vendor.
24. 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.
25. NON-EXCLUSIVE: This Agreement is non-exclusive. City may retain additional entities to
perform the same or similar work.
26. REPRESENTATION OF AUTHORITY: Vendor represents and warrants that this Agreement
constitutes the legal,valid, binding,and enforceable obligation of Vendor and that neither
the execution nor performance of this Agreement constitutes a breach of any agreement
that Vendor has with any third party or violates applicable law.Vendor further represents
and warrants that execution of this Agreement is within Vendor's legal powers, and each
individual executing this Agreement on behalf of Vendor is duly authorized by all
necessary and appropriate action to do so on behalf of Vendor and does so with full legal
authority.
27. RIGHTS IN DOCUMENTS AND WORK: Any and all videos, photographs, documents,
materials, data, or other work created by Vendor in connection with performing the
Services,whether finished or unfinished ("Documents and Work"),shall be owned by City,
and Vendor hereby transfers to City all right, title, and interest, including any copyright or
other intellectual property rights, in or to the Documents and Work. Upon expiration or
termination of this Agreement, the Documents and Work shall become the property of
City and shall be delivered by Vendor to City within seven (7) days after expiration or
termination. Any compensation due to Vendor may be withheld until all Documents and
Work are received as provided in this Agreement. Vendor shall ensure that the
requirements of this section are included in all agreements with all subcontractor(s).
28. THIRD-PARTY BENEFICIARIES: Neither Vendor nor City intends to primarily or directly
benefit a third party by this Agreement. Therefore, the Parties acknowledge that there
are no third-party beneficiaries to this Agreement and that no third party shall be entitled
to assert a right or claim against either of them based upon this Agreement.
29. MATERIALITY AND WAIVER OF BREACH: Each requirement, duty,and obligation set forth
in this Agreement was bargained for at arm's length and is agreed to by the Parties. Each
requirement,duty,and obligation set forth in this Agreement is substantial and important
to the formation of this Agreement, and each is,therefore, a material term. City's failure
to enforce any provision of this Agreement shall not be deemed a waiver of such provision
or modification of this Agreement. A waiver of any breach shall not be deemed a waiver
of any subsequent breach and shall not be construed to be a modification of this
Agreement. To be effective, any waiver must be in writing and signed by an authorized
signatory of the Party granting the waiver.
Sole Source Agreement—CROM Coatings and Restorations 8
30. COUNTERPARTS AND MULTIPLE ORIGINALS: This Agreement 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.
31. NON-DISCRIMINATION: Vendor and any subcontractors shall not discriminate on the
basis of race, color, sex, religion, national origin, disability, age, marital status, political
affiliation, sexual orientation, pregnancy, or gender identity and expression in the
performance of this Agreement.
32. ENTIRE AGREEMENT: The Agreement between the City and the Vendor with respect to
the subject matter of this Agreement. This Agreement supersedes all prior and
contemporaneous negotiations, understandings, and agreements, written or oral,
between the parties. This Agreement may not be modified except by the parties' mutual
agreement set forth in writing and signed by the parties.
33. SEVERABILITY: If any provision of this Agreement or application thereof to any person or
situation shall, to any extent, be held invalid or unenforceable, the remainder of this
Agreement 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.
34. ANTI-HUMAN TRAFFICKING: On or before the effective date of this Agreement, 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.
35. COUNTRIES OF CONCERN:The Vendor represents that it is and will remain in compliance
with Section 286.101, Florida Statutes, for the duration of the term.
36. PUBLIC ENTITY CRIME ACT: Vendor represents that it is familiar with the requirements
and prohibitions under the Public Entity Crime Act, Section 287.133, Florida Statutes, and
represents that its entry into this Agreement will not violate that Act. Vendor further
represents that there has been no determination that it committed a "public entity crime"
as defined by Section 287.133, Florida Statutes, and that it has not been formally charged
with committing an act defined as a "public entity crime" regardless of the amount of
money involved or whether Vendor has been placed on the convicted vendor list.
37. ENTITIES OF FOREIGN CONCERN: The provisions of this section apply only if Vendor or
any subcontractor will have access to an individual's personal identifying information
under this Agreement. Vendor represents and certifies: (i) Vendor is not owned by the
government of a foreign country of concern; (ii) the government of a foreign country of
concern does not have a controlling interest in Vendor; and (iii) Vendor is not organized
under the laws of and does not have its principal place of business in, a foreign country
of concern. On or before the effective date, Vendor and any subcontractor that will have
Sole Source Agreement—CROM Coatings and Restorations 9
access to personal identifying information shall submit to City executed affidavit(s) under
penalty of perjury, in a form approved by City attesting that the entity does not meet any
of the criteria in Section 287.138(2), Florida Statutes. Compliance with the requirements
of this section is included in the requirements of a proper invoice for purposes of Section
7.Terms used in this section that are not otherwise defined in this Agreement shall have
the meanings ascribed to such terms in Section 287.138, Florida Statutes.
(Signatures on following page)
Sole Source Agreement—CROM Coatings and Restorations 10
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and
year first written above.
CITY 0 :OYNTON BEACH, FLORIDA CROM COATINGS AND RESTORATIONS("CCR"), A
DIVISION CROM, LLC
•
Reb!cca Shelton, Mayor (Signature)
Robert G. Oyenarte
Print Name of Authorized Official
CEO
Title
Approved as to Form: /,�PfE
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FLORIDA t e
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Shawna G. Lamb, City Attorney (Corporate Seal)
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Attested/Authenticated: gig ••. •
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Cody AH Galloway
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Maylee • -sus, City Clerk Print Name
Assist. Sec. & Contr. Atty.
Sole Source Agreement—CROM Coatings and Restorations 11
EXHIBIT A
SCOPE OF SERVICES
Vendor will provide all necessary labor, materials, and equipment to perform inspections,
preventative maintenance, corrective maintenance and upgrades on infrastructure asset
structures ("structures")for City. All work will be completed in accordance with applicable codes
and standards including OSHA, AWWA, and ACI.
Types of Services
Typical services furnished by Vendor include:
a. Inspections
i. Structural evaluations
ii. Standard compliance testing
iii. Coating evaluations
iv. Photo/Video documentation
v. Condition assessment reports
b. Coatings
i. Interior/Exterior coatings
c. Corrective Maintenance/Rehabilitation
i. Concrete repairs
ii. Crack repair
iii. Epoxy injection
iv. Joint repair
v. Leak remediation
vi. . Concrete surface preparation
vii. Interior/Exterior coatings
viii.Structural repairs
ix. Shotcrete
d. Upgrades/Retrofit
i. Waterproofing and sealants
ii. Seismic upgrades
iii. Additional piping
iv. Safety/Security enhancements
v. Improved access (wall or roof)
vi. Baffle walls/Mixing systems
vii. Antennae Support Structures
Additional Conditions and Criteria
a. Repair materials that are in contact with potable water will be NSF 61 compliant.
b. Vendor will perform site visits to ascertain existing conditions of the areas before providing
estimates or performing work.
c. Work shall conform to current regulatory and safety requirements, as well as following
Sole Source Agreement—CROM Coatings and Restorations 12
guidelines for product use from manufacturers at the time of service.
d. Vendor will ensure conditions on the work site reflect good housekeeping and safety
practices at all times.Vendor will be responsible for removing trash and debris from the work
site related to the work performed pursuant to a Direct Order or Task Order.
e. CCR will only store equipment and products directly related to the maintenance services at
the work site.
Response Time
a. Vendor will respond to each request for corrective service or for a project estimate within
five-business days of notification and provide a written estimate within ten business days
after evaluation. City shall notify Vendor via email or phone call.
b. Vendor shall provide a crew onsite for emergency services within forty-eight hours of
receiving an emergency request via email or telephone.
Materials and Services Furnished by City or Others
It is understood that the following services shall be provided by others without expense to
Vendor:
a. City will grant or obtain free access to the site for all equipment and personnel necessary for
Vendor to perform the work set forth in this Agreement or any Task Order.The City will notify
any and all processors of the project site that City has granted Vendor free access to the site.
VENDOR will take reasonable precautions to minimize damage to the site, but it is understood
by City that, in the normal course of work, some damage may occur, and the correction of
such damage is not part of this Agreement or any Task Order unless so specified in writing.
b. The City is responsible for the accuracy of locations for all subterranean structures and
utilities. Vendor will take responsible precautions to avoid known subterranean structures.
c. A continuous supply of potable water under minimum pressure for the use of the Vendor
crew within 100-feet of the work site.
d. A continuous supply of electricity during the period of work: one 100-AMP, 110/220-volt
service for the operation of our power tools and accessories, located not more than 100-feet
from the work site. Please be sure that all circuit breakers are ground-fault protected. If it is
necessary for Vendor to supply its own electric power, add $500.00 per week to the price.
e. Any permit or other fees from any Authority Having Jurisdiction (AHJ) as may be required for
the work including, but not limited to, all connect/disconnect, impact, and
building/construction fees.
f. Drainage and disposal of the structure's contents. If the Vendor crew arrives onsite and the
structure is not fully drained, lost time will be billed at the hourly crew rate stated in the fee
schedule below.
g. Refilling of the structure's contents.
h. Complete lock out and tag out of the subject structure, as required, prior to personnel
entering the structure.The City will be required to provide all materials for this process. The
City will be responsible for demonstrating to Vendor that the lock-out procedure is complete
and the structure is rendered "safe" before Vendor will perform air quality testing to enter
Sole Source Agreement—CROM Coatings and Restorations 13
the structure(s).
i. Adhesion Testing: Method A "X-Cut Tape Test," per ASTM D3359, shall be completed by a
qualified coatings inspector or coatings manufacturer representative prior to application of
any new coating systems. Results of this test must be 4A or greater. If the results of this test
are less than a 4A, Vendor and the City will have to re-evaluate the proposed scope of work
and pricing.
j. All professional engineering design services.
Sole Source Agreement—CROM Coatings and Restorations 14
EXHIBIT B
FORM OF TASK ORDER
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CITY OF BOYNTON BEACH
Task Order
Vendor:
Procurement:
1. Task/Project.
2. Scope of Services.
The scope of services under this Task Order is attached as Exhibit A.
3. Deliverables and Schedule.
Vendor shall complete the Services and provide the deliverables specified within
(days/weeks/months) after complete execution of this Task Order and issuance of a
PO by the City.
4. Compensation.
The total Fee to be paid to the Vendor under this Task Order shall not exceed $
based on the detailed fee schedule attached as Exhibit A.
5. Agreement Reference.
This Task Order shall be performed under the terms and conditions described within the
Agreement, dated , by and between the City
of Boynton Beach and
6. Insurance.
Vendor shall maintain insurance coverages in accordance with the Agreement and hereby
confirms that Certificate(s) of Insurance evidencing current policies meeting the requirements of
the Agreement are on file with the City as of the date of this Task Order.
7. Exhibits.
All attached Exhibits are incorporated fully into this Task Order and the Agreement.
8. Notice to Proceed.
Vendor's receipt of a fully executed copy of this Task Order and a PO issued by the City shall serve
as the Notice to Proceed under this Task Order, effective as of the date the fully executed Task
Order and PO were emailed to the Vendor.
Sole Source Agreement—CROM Coatings and Restorations 15
VENDOR: CITY OF BOYNTON BEACH
By: By:
Mayor
Print Name:
Date: , 202 Date: , 202_
Attest:
City Clerk
City Attorney's Office
Approved as to form and legality
By:
Sole Source Agreement—CROM Coatings and Restorations 16
EXHIBIT C
FEE SCHEDULE
CONTINUING SERVICE AGREEMENT RATES
WATER AND WASTEWATER INSPECTIONS, PREVENTATIVE MAINTENANCE,
CORRECTIVE MAINTENANCE AND UPGRADES
Inspections Size of Tank In Volume Level 1 DRY Level 2 DRY
(Annual) (Every 5 Years)
Concrete Tanks 1,000,000 $3,500 00 519,440 00
3,000,000 $3,500 00 528,990.00
Elevated Tank 1,500,000 $3,500 00 $75,490 00
Note 1 Level 2 is based on washout of the tank interior and removal of 1"or less of sediment,to be washed out
through the tank floor drain
Note 2 Sediment exceeding 1-will be invoiced based on crew hourly rate
Note 3 Washouts requiring vacuum trucks and off-site disposal will be billed at the Suboontract rate listed below
Preventative Maintenance,Corrective Unit of Measure Unit Rate
Maintenance and Upgrades
Labor Crew Rate(based on 3-person crew) Hourly $487 50
Overtime Crew Rate(After Hours) Hourly $731 25
Project Manager Hourly $208 00
Project Engineer Hourly $357.50
Mobilization Each crew $4,170.00
Emergency mobilization(Within 48 hours) Each crew $6,255 00
Concrete Stripping Crew Rate Hourly $643.75
Concrete Stripping Overtime Rate Hourly $965.63
Concrete Stripping Mobilization Each crew $7,550 00
Materials %Cost Plus 15%
Equipment %Cost Plus 1U%
Subcontractor %Cost Plus 10%
The following conditions apply to the above pricing:
a. The pricing above is for commonly encountered items. Any uncommon items that are
discovered during the inspections will have to be addressed on a case-by-case basis.
b. For interior repair items, each structure shall be drained before the work is performed.
c. The pricing above includes supervision, labor, materials, and equipment required to
complete the work.
Sole Source Agreement—CROM Coatings and Restorations 17