R19-016 1 RESOLUTION NO. R19-016
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3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA. APPROVING AND AUTHORIZING THE CITY
5 MANAGER TO SIGN AN AGREEMENT WITH TINKER,
6 LLC., OF ALAMO CALIFORNIA FOR RFP NO. 012-2821-
7 19/IT FOR WATER CONSERVATION EDUCATION
8 PROGRAM IN THE ESTIMATED ANNUAL AMOUNT OF
9 $25,014.00; AND PROVIDING AN EFFECTIVE DATE.
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12 WHEREAS,on January 14,2019,Procurement Services received and opened three(3)
12 proposals in response to RFP No. 012-2821-19/IT and after reviewing the three (3) proposals
14 which were all determined to be responsive and met the RFP's minimum requirements, the
15 Evaluation Committee has recommended the project be awarded to Tinker,LLC., as the lowest,
16 responsive, responsible bidder; and
17 WHEREAS,the City Commission of the City of Boynton Beach upon recommendation
18 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to award
19 the Agreement in response to RFP No. 012-2821-19/IT to Tinker, LLC., of Alamo, California
20 for Water Conservation Education Program in the estimated annual amount of$25,014.00 and
21 authorize the City Manager to sign the Agreement with Tinker, LLC.
22 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
25 as being true and correct and are hereby made a specific part of this Resolution upon
26 adoption.
27 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
28 approves and authorizes the City Manager to sign an Agreement with Tinker, LLC., in response
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29 to RFP No. 012-2821-19/IT for a Water Conservation Education Program in the estimated
30 annual amount of$25,014.00, a copy of the Agreement is attached hereto as Exhibit"A".
31 Section 3. That this Resolution shall become effective immediately.
32 PASSED AND ADOPTED this 19`x' day of February, 2019.
33 CITY OF BOYNTON BEACH, FLORIDA
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35 YES NO
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37 Mayor-Steven B. Grant
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39 Vice Mayor-Christina L. Romelus
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41 Commissioner-Mack McCray I _
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43 Commissioner-Justin Katz `,
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4; Commissioner-Aimee Kelley
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47 VOTE �w
48 ATTEST:
49
Nam
51 4 •
52 Judith . Pyle. CMC 119/4-
53 City Cl rk
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56 (Corporate Seal)
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AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PROGRAM PROVIDER
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as
"the City",and TINKER LLC.hereinafter referred to as"PROGRAM PROVIDER', in consideration
of the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The PROGRAM PROVIDER is retained by the City to perform
professional services in connection with the RFP FOR WATER CONSERVATION
EDUCATION PROGRAM; RFP No.: 012-2821-19/IT.
2. SCOPE OF SERVICES. PROFESSIONAL agrees to perform the services, identified in
Section II—Scope of Services and attached hereto as Exhibit A.
3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written
notice by the City to the PROGRAM PROVIDER to proceed. PROGRAM PROVIDER shall
perform all services and provide all work product required pursuant to this agreement upon
written notice to proceed.
4. TERM: This Agreement shall commence upon date fully executed by the City Manager.
5. PAYMENT: The City will pay the PROGRAM PROVIDER, the fees as set forth in Exhibit B,
Fees and Payments, which is attached hereto and made a part hereof.
These fees will be paid by the City for completed work and for services rendered under this
agreement as follows, not to exceed
a. Payment for the work provided by PROGRAM PROVIDER shall be made promptly on all
invoices submitted to the City properly, provided that the total amount of payment to
PROGRAM PROVIDER shall not exceed the total contract price without express written
modification of the Agreement signed by the City Manager or her designee.
b. The PROGRAM PROVIDER may submit invoices to the City once per month during the
progress of the work for partial payment for project completed to date. Such invoices will
be reviewed by the City, and upon approval thereof, payment will be made to the
PROGRAM PROVIDER in the amount approved.
c. Final payment of any balance due the PROGRAM PROVIDER of the total contract price
earned will be made promptly upon its ascertainment and verification by the City after the
completion of the work under this Agreement and its acceptance by the City.
d. Payment as provided in this section by the City shall be full compensation for work
performed, services rendered and for all materials, supplies, equipment and incidentals
necessary to complete the work.
e. The PROGRAM PROVIDER'S records and accounts pertaining to this agreement are to
be kept available for inspection by representatives of the City and State for a period of
three (3) years after the termination of the Agreement. Copies shall be made available
upon request.
6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the PROGRAM PROVIDER in connection with the services
rendered under this Agreement shall be the property of the City whether the project for which
they are made is executed or not. The PROGRAM PROVIDER shall be permitted to retain
copies, including reproducible copies, of drawings and specifications for information,
reference and use in connection with PROGRAM PROVIDER's endeavors.
7. COMPLIANCE WITH LAWS. PROGRAM PROVIDER shall, in performing the services
contemplated by this Agreement,faithfully observe and comply with all federal,state and local
laws, ordinances and regulations that are applicable to the services to be rendered under this
agreement.
8. INDEMNIFICATION. PROGRAM PROVIDER shall indemnify, defend and hold harmless the
City, its offices,agents and employees, from and against any and all claims, losses or liability,
or any portion thereof, including fees and costs, arising from injury or death to persons,
including injuries, sickness,disease or death to PROGRAM PROVIDER's own employees, or
damage to property occasioned by a negligent act, omission or failure of the PROGRAM
PROVIDER.
9. INSURANCE. The PROGRAM PROVIDER shall secure and maintain in force throughout the
duration of this contract comprehensive general liability insurance with a minimum coverage
of$1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000
per occurrence/aggregate for property damage, and professional liability insurance in the
amount of$1,000,000 per occurrence to$2,000,000 aggregate with defense costs in addition
to limits; workers'compensation insurance, and vehicular liability insurance.
Said general liability policy shall name the City of Boynton Beach as an "additional named
insured"and shall include a provision prohibiting cancellation of said policy except upon thirty
(30)days prior written notice to the City. Certificates of coverage as required by this section
shall be delivered to the City within fifteen (15)days of execution of this agreement.
10. INDEPENDENT CONTRACTOR. The Professional and the City agree that the PROGRAM
PROVIDER is an independent contractor with respect to the services provided pursuant to
this agreement. Nothing in this agreement shall be considered to create the relationship of
employer and employee between the parties hereto. Neither PROGRAM PROVIDER nor any
employee of PROGRAM PROVIDER shall be entitled to any benefits accorded City
employees by virtue of the services provided under this agreement. The City shall not be
responsible for withholding or otherwise deducting federal income tax or social security or for
contributing to the state industrial insurance program, otherwise assuming the duties of an
employer with respect to PROGRAM PROVIDER, or any employee of PROGRAM
PROVIDER.
11. COVENANT AGAINST CONTINGENT FEES. The PROGRAM PROVIDER warrants that he
has not employed or retained any company or person, other than a bona fide employee
working solely for the PROGRAM PROVIDER, to solicit or secure this contract, and that he
has not paid or agreed to pay any company or person, other than a bona fide employee
working solely for the PROGRAM PROVIDER, any fee, commission, percentage, brokerage
fee, gifts, or any other consideration contingent upon or resulting from the award or making of
this contract.
For breach or violation of this warranty, the City shall have the right to annul this contract
without liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift,
or contingent fee.
12. DISCRIMINATION PROHIBITED. The PROGRAM PROVIDER, with regard to the work
performed by it under this agreement, will not discriminate on the grounds of race, color,
national origin, religion, creed, age, sex or the presence of any physical or sensory handicap
in the selection and retention of employees or procurement of materials or supplies.
13. ASSIGNMENT. The PROGRAM PROVIDER shall not sublet or assign any of the services
covered by this Agreement without the express written consent of the City.
14. NON WAIVER. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
15. TERMINATION.
a. The City reserves the right to terminate this Agreement at any time by giving ten
(10)days written notice to the PROGRAM PROVIDER.
b. In the event of the death of a member, partner or officer of the PROGRAM PROVIDER,
or any of its supervisory personnel assigned to the project, the surviving members of the
PROGRAM PROVIDER hereby agree to complete the work under the terms of this
Agreement, if requested to do so by the City. This section shall not be a bar to
renegotiations of this Agreement between surviving members of the PROGRAM
PROVIDER and the City, if the City so chooses.
16. 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.
17 NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
Lori LaVerriere, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Notices to PROGRAM PROVIDER shall be sent to the following address:
TINKER LLC
P.O. BOX 177 _
ALAMO, CA 94507
18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the PROGRAM
PROVIDER and supersedes all prior negotiations, representations, or agreements written or
oral. This agreement may be amended only by written instrument signed by both City and
Professional.
19. 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 public agency subject to Chapter 119, Florida Statutes. The Contractor shall
comply with Florida's Public Records Law. Specifically, the Contractor shall:
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A. Keep and maintain public records required by the CITY to perform the service;
Upon request from the CITY's custodian of public records, provide the CITY with E 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 contidential 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 STATUES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS:
JUDY PYLE, CITY CLERK
3301 QUANTUM BLVD., SUITE 101
BOYNTON BEACH, FLORIDA, 33435
561-742-6061
PYLEJ@BBFL.US
20. SCRUTINIZED COMPANIES 287.135 AND 215.473
By execution of this Agreement, Contractor certifies that Contractor is not participating
in a boycott of Israel. 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 Contractor of the City's
determination concerning the false certification. 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, 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 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.
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DATED this-Drd day of TehroJar,- , 20 Ick .
1
CITY OF BOYNTON BEACH TINKER LLC
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Lori LaVerriere, City Manager S' nature of Authorized Official
-S oceph lira OW
Printed Name of Authorized Official
Attest/Authenticated: "Pe fs Pel/-
-- Title
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Judy e, erk
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,.- BOYNl4
Appro - . as Form: Attest/Authenticated:
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Ja A. C 11' Attorney Secretary
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EXHIBIT A
SCOPE OF SERVICES
1. SCOPE OF SERVICES
The City is seeking a turnkey educational program to teach upper-elementary and/or
middle school students about water and energy conservation. The program shall be
delivered by the teacher in the classroom setting using a curriculum that supports current
Florida education standards. In addition to the classroom component, the program shall
include the installation of at-home "conservation kits"and shall measure resultant energy
and water savings. In prior years, the City has sponsored the program in 5th grade
classrooms only, but contractors may propose alternate approaches or grade levels that
they determine are best suited to their proposed curriculum. Based on the number of 5th
grade students in the Boynton Beach Utilities service area in 2018, we estimate that the
program will reach between 1,000 and 1,200 total students each year.
The Scope of Services includes, but is not necessarily limited to,the following tasks and
deliverables:
A. DESIGN
To develop a conservation education program that is customized to the City's needs, the
Contractor will be responsible for the following:
1) Meet with the City's Sustainability Coordinator prior to program launch, to discuss
objectives, timeline, alignment with City programs, and reporting requirements.
2)Develop educational content that meets the City's needs and reflects current Florida
educational standards. The curriculum may consist of digital and/or print materials;
shall include interactive, hand-on activities; and shall be implementable within the
classroom setting in no more than 10 total classroom hours.
3) Develop customized conservation kits that include a variety of water-saving and/or
energy-saving devices for home installation.
B. DELIVERY
The Contractor shall recruit participating schools and teachers, and coordinate delivery
of program materials to participants, according to a timeline approved by the City. The
Contractor shall be responsible for the following:
1) Work with the City to identify target schools and grade levels for program
recruitment,based on the following preliminary list of schools within the Utilities service
arE._
Citrus Cove Elementary School
Congress Middle School
Crosspointe Elementary School
Forest Park Elementary School
Franklin Academy Charter School
Freedom Shores Elementary School
• Galaxy Elementary School
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Hidden Oaks Elementary School
Imagine Schools-Chancellor Campus
Poinciana Elementary STEM Magnet School
Rolling Green Elementary School
Saint Joseph's Episcopal School
SouthTech Preparatory Academy
2) Conduct outreach with schools and individual teachers to enroll participating
classrooms.
3) Deliver program materials and conservation kits to the enrolled teachers.
4) Maintain contact with participating teachers to provide support throughout the
program.
C. RESULTS ASSESSMENT
The program shall use surveys and knowledge assessments to collect data and measure
program success.The Contractor shall be responsible for the following:
1) Administer a pre-and post- knowledge assessment of students.
2) Instruct students to install at-home conservation kits with their parents, and solicit
feedback on the kits from both students and parents.
3) Administer a post-program evaluation survey of teachers.
4) Submit a final report to the City no later than July 31 following each contracted
school year. At minimum, the report should contain the names of participating
schools, number of students reached, a summary of curriculum content,
projected water and energy savings, results of pre/post knowledge assessments,
and results of evaluation surveys.
5) Meet with the Sustainability Coordinator after program completion to discuss its
success and any future modifications to the program.
THE REMAINDER OF THE PAGE IS INTENTIONALLY IT.1 i BLANK.
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EXHIBIT B
FEES AND PAYMENTS
REQUEST FOR PROPOSALS
FOR
WATER CONSERVATION EDUCATION PROGRAM
RFP No.: 0124821-9911T
COST PROPOSAL FORM
Proposers must use this form for submitting lis Cost Proposal. The price shall be lixoo and krrn and
should be fuly burdened to Include all necessary elements such as tut not kited to salary,general
mime
Elrinetrati" OXPar
ulialle tw11•ltat,,, e, overhead and fsalprolIl needed to perform all at the
duITEM TY UNIT OF _ . _«• = . * UNIT COST ANNUAL
MEASURE COST
1. 1.100°STUDENTS Conservation Education 5 i2 76 $ 14,025.00
PER YEAR � service
2. 1,100 STUDENTS Weser Conservation Kits $ ti+.BB $ 14,989-0C
' PER SCHOOL
YEAR
TOTAL ANNUAL FEE $ 20,0141 90
1 rude LLCf
COMPANY NAME t AUTHORIZED SIGNATURE
( 642E ) 2OD-440-i JosepP Thrasher
TEMPHONE NO PRINTED NAME
ioe.ttuteherelinkeaucciraMa.com President
EMAIL ADDRESS TITLE
I! 404119
DATE
THIS PAGE TO BE SUMMED FOR PROPOSAL TO BE CONSIDEREis
COMPUTE AND ACCEPTABLE.
RF P No 012-2921.19,1T
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