R19-139 RESOLUTION NO. R19-139
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AWARDING BID NO. 001-2511-20/EM FOR NEW
FENCING, REPAIRS, AND GATE OPERATORS ON A PRIMARY,
SECONDARY & THIRD BASIS TO THE LOWEST, MOST
RESPONSIVE, RESPONSIBLE BIDDERS WHO MET ALL
SPECIFICATIONS TO MARTIN FENCE CO., TROPIC FENCE
INC., AND ALPHA FENCE, RESPECTIVELY, WITH AN
1 ESTIMATED ANNUAL AMOUNT OF $250,000 TO BE USED ON
1 AN "AS NEEDED BASIS"; AUTHORIZING THE CITY MANAGER
1 TO SIGN INDIVIDUAL AGREEMENTS; AND PROVIDING AN
1 EFFECTIVE DATE.
1.
1 WHEREAS, October 28, 2019, Procurement Services opened and tabulated three
1s, (3) bids in response to Bid No. 001-2511-20/EM for New Fencing, Repairs, and Gate
1 Operators; and
1 WHEREAS, all bids were reviewed and it was determined to recommend this
1 award by a primary and secondary, and third basis with Martin Fence Co. as the Primary,
21 Tropic Fence Inc., as the Secondary, and Alpha Fence as the third; and
2 WHEREAS, work requests may range from large projects with new installations
2 and repairs to small quantity fence repairs (I.E. Damage from vehicle accidents, wear and
2 tear, demolition) to which the contractor shall furnish and install all labor, materials and
2 services as required per the plans and or specifications per project; and
2'. WHEREAS, the initial term of the contract awarded shall be for two (2) years
2" with three (3) additional one (1) year renewable periods, subject to vendor acceptance,
2 satisfactory performance and determination that the renewal is in the best interest of the
2 City.
2" WHEREAS, the City Commission of the City of Boynton Beach upon
3uu recommendation of staff, deems it to be in the best interest of the citizens and residents to
3 approve the bid award and authorize the City Manager to sign individual Agreements with
3 ' Martin Fence Co. as the Primary, Tropic Fence Inc., as the Secondary, and Alpha Fence
C:\Users\StanzioneT\AppData\Lo;al\Microsoft\Windows\INetCache\IE\DHL1S8RX\Award_of BID_-_fencing_-_Reso.docx
as the third as a result of Bid No. 001-2511-20/EM for New Fencing, Repairs, and Gate
Operators with an estimated annual amount of $250,000 to be used on an "as needed
basis".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA,THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this Resolution upon
adoption.
Section 2. The City Commission of the City of Boynton Beach, Florida,
111 hereby approves the Bid award and authorizes the City Manager to sign individual
1 Agreements with Martin Fence Co. as the Primary, Tropic Fence Inc., as the Secondary,
1 and Alpha Fence as the third as a result of Bid No. 001-2511-20/EM for New Fencing,
1 ; Repairs, and Gate Operators with an estimated annual amount of$250,000 to be used on
1 an"as needed basis",copies of each Agreement is attached hereto and incorporated herein
1 as Composite Exhibit"A".
Section 3. That this Resolution shall become effective immediately.
1 PASSED AND ADOPTED this J qday of NOve,„1,4 , 2019.
1;; CITY OF BOYNTON BEACH, FLORIDA
1 YES NO
20
2 Mayor— Steven B. Grant
2 '
2 ; Vice Mayor—Justin Katz
2
2 Commissioner—Mack McCray
2c.
2 ' Commissioner—Christina L. Romelus
2;;
2 Commissioner—Ty Penserga
3"
3 VOTE
3' ATTEST:
3;
C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\INetCache\IE\DHLIS8RX\Award_of BID_-_fencing-_Reso.docx
Cry 1 Gibson, MMC
City Clerk
(Corporate Seal)
o
C:\Users\StanzioneT\AppData\L.ocal\Microsoft\Windows\INetCache\IE\DHLIS8RX\Award_of BID_-_fencing-_Reso.docx
CONTRACT NO. 001-2511-20/EM - 1
BETWEEN THE CITY OF BOYNTON BEACH AND MARTIN FENCE CO.
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as
"the City", and Martin Fence Co., 862 13th St. Lake Park, FL 33403, hereinafter referred to as
"Vendor", in consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Vendor is retained by the City to provide New Fencing,
Repairs, and Gate Operators on an "as needed basis".
2. SCOPE OF SERVICES. Vendor agrees to perform the services, identified on Exhibit "A"
attached hereto and incorporated herein by reference, including the provision of all labor,
materials, equipment and supplies. No modifications will be made to the original scope of
work without the written approval of the City Manager or his designee.
3. TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving
of written notice by the City to the Vendor to proceed. Vendor shall perform all services and
provide all work product required pursuant to this Agreement on an as "needed basis" as
specified per task order requests, which may range in scope from large projects with new
installations and repairs to small quantity fence repairs (I.E. Damage from vehicle accidents,
wear and tear, demolition). The contractor shall furnish and install all labor, materials and
services as required per the plans and or specifications per project.
4. TERM. This agreement shall be for two (2) years effective upon date the contract is fully
executed by all parties. The City of Boynton Beach may extend the agreement at the same
terms, and conditions, for three (3) one-year renewals subject to vendor acceptance,
satisfactory performance, and determination that renewal will be in the best interest of the
City.
5. PAYMENT. The Vendor shall be paid by the Provider/City for completed work and for services
rendered under this Agreement as follows:
a. Work requests may range from large projects with new installations and repairs to small
quantity fence repairs (I.E. Damage from vehicle accidents, wear and tear, demolition). The
contractor shall furnish and install all labor, materials and services as required per the plans
and or specifications per project.
b. Payment for the work provided by Vendor shall be made promptly on all invoices submitted
to the City properly, provided that the total amount of payment to Vendor shall not exceed the
total contract price without express written modification of the Agreement signed by the City
Manager or designee.
c. The Vendor may submit invoices to the City once per month during the progress of the work
for partial payment. Such invoices will be checked by the City, and upon approval thereof,
payment will be made to the Vendor in the amount approved.
d. Final payment of any balance due the Vendor 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.
e. 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.
f. The Vendor'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 Vendor 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 Vendor shall be permitted to retain copies, including reproducible copies,
of drawings and specifications for information, reference and use in connection with Vendor's
endeavors.
7. COMPLIANCE WITH LAWS. Vendor shall, in performing the services contemplated by this
Agreement, faithfully observe and comply with all federal, state of Florida and City of Boynton
Beach, ordinances and regulations that are applicable to the services to be rendered under
this agreement.
8. INDEMNIFICATION. Vendor 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 attorney fees and costs, arising from injury or death to persons, including
injuries, sickness, disease or death to Vendor's own employees, or damage to property
occasioned by a negligent act, omission or failure of the Vendor.
9. INSURANCE. The Vendor 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.
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 Vendor and the City agree that the Vendor 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 Vendor nor any employee of Vendor 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 Vendor, or any employee of
Vendor.
11. COVENANT AGAINST CONTINGENT FEES. The Vendor warrants that he has not
employed or retained any company or person, other than a bona fide employee working
solely for the Vendor, 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 Vendor
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 Vendor, 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 Vendor 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 thirty
(30) days written notice to the Vendor.
b. In the event of the death of a member, partner or officer of the Vendor, or any of its
supervisory personnel assigned to the project, the surviving members of the Vendor
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 Vendor 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 Vendor shall be sent to the following address:
Robert L. Greene, President
Martin Fence Co.
862 13th St.
Lake Park, FL 33403
Tel: 561-848-2688
Email: rgreene@martinfence.com
City of Boynton Beach Project Supervisor/Contract Administrator
Gail Mootz, 222 NE 9th Avenue, Boynton Beach, Florida 33435
18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Firm 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 Firm.
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:
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 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 STATUES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS:
CRYSTAL GIBSON, CITY CLERK
3301 QUANTUM BLVD., SUITE 101
BOYNTON BEACH, FLORIDA, 33426
561-742-6061
GIBSONC@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. 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.
DATED this G day of �CJc� , 20\C‘.
CITY OF BOYNTON BEACH MARTIN FENCE, CO.
ri/' r�+ .ems ��k
Lori aVerriere, ity Manager -o•e L. cr-ene,'President
Attest/Authenticated:
•Te•
AIi/j erilr Amt. • 4/, (Corporate Seal)
C stat Gibson, City Clerkr.
eoYNc°
•
Approved .s to Fgrm: Attest/Authenticated:
James A. Ch::,'City Attorney Secretary
CONTRACT NO. 001-2511-20/EM-3
BETWEEN THE CITY OF BOYNTON BEACH AND ALPHA FENCE
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as
"the City", and Alpha Fence, 555 West Ocean Ave., Boynton Beach. FL 33426, hereinafter referred
to as"Vendor", in consideration of the mutual benefits,terms,and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Vendor is retained by the City to provide New Fencing,
Repairs, and Gate Operators on an "as needed basis".
2. SCOPE OF SERVICES. Vendor agrees to perform the services, identified on Exhibit"A"
attached hereto and incorporated herein by reference, including the provision of all labor,
materials, equipment and supplies. No modifications will be made to the original scope of
work without the written approval of the City Manager or his designee.
3. TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving
of written notice by the City to the Vendor to proceed. Vendor shall perform all services and
provide all work product required pursuant to this Agreement on an as "needed basis"as
specified per task order requests, which may range in scope from large projects with new
installations and repairs to small quantity fence repairs (I.E. Damage from vehicle accidents,
wear and tear, demolition). The contractor shall furnish and install all labor, materials and
services as required per the plans and or specifications per project.
4. TERM. This agreement shall be for two (2) years effective upon date the contract is fully
executed by all parties. The City of Boynton Beach may extend the agreement at the same
terms, and conditions, for three (3) one-year renewals subject to vendor acceptance,
satisfactory performance, and determination that renewal will be in the best interest of the
City.
5. PAYMENT. The Vendor shall be paid by the Provider/City for completed work and for services
rendered under this Agreement as follows:
a. Work requests may range from large projects with new installations and repairs to small
quantity fence repairs (I.E. Damage from vehicle accidents, wear and tear, demolition). The
contractor shall furnish and install all labor, materials and services as required per the plans
and or specifications per project.
b. Payment for the work provided by Vendor shall be made promptly on all invoices submitted
to the City properly, provided that the total amount of payment to Vendor shall not exceed the
total contract price without express written modification of the Agreement signed by the City
Manager or designee.
c. The Vendor may submit invoices to the City once per month during the progress of the work
for partial payment. Such invoices will be checked by the City, and upon approval thereof,
payment will be made to the Vendor in the amount approved.
d. Final payment of any balance due the Vendor 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.
e. 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.
f. The Vendor'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 Vendor 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 Vendor shall be permitted to retain copies, including reproducible copies,
of drawings and specifications for information, reference and use in connection with Vendor's
endeavors.
7. COMPLIANCE WITH LAWS. Vendor shall, in performing the services contemplated by this
Agreement,faithfully observe and comply with all federal, state of Florida and City of Boynton
Beach, ordinances and regulations that are applicable to the services to be rendered under
this agreement.
8. INDEMNIFICATION. Vendor 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 attorney fees and costs, arising from injury or death to persons, including
injuries, sickness, disease or death to Vendor's own employees, or damage to property
occasioned by a negligent act, omission or failure of the Vendor.
9. INSURANCE. The Vendor 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.
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 Vendor and the City agree that the Vendor 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 Vendor nor any employee of Vendor 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 Vendor, or any employee of
Vendor.
11. COVENANT AGAINST CONTINGENT FEES. The Vendor warrants that he has not
employed or retained any company or person, other than a bona fide employee working
solely for the Vendor, 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 Vendor
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 Vendor,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 Vendor 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 thirty
(30)days written notice to the Vendor.
b. In the event of the death of a member, partner or officer of the Vendor, or any of its
supervisory personnel assigned to the project, the surviving members of the Vendor
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 Vendor 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 Vendor shall be sent to the following address:
Nicholas J. Doup
Alpha Fence
555 West Ocean Ave.
Boynton Beach, FL 33426
Email: admin@alpha-fence.com
_.......__..._..--
Tel: 561-738-9966
City of Boynton Beach Project Supervisor/Contract Administrator
Gail Mootz, 222 NE 9th Avenue, Boynton Beach, Florida 33435
18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Firm 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 Firm.
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:
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 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 STATUES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS:
CRYSTAL GIBSON, CITY CLERK
3301 QUANTUM BLVD., SUITE 101
BOYNTON BEACH, FLORIDA, 33426
561-742-6061
GIBSONC@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. 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 .lemonstrate 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,
DATED this ' day of_ n V Vim - �. 20 .
CITY OF BOYNTON BEACH ALPHA FENCE
,/t/1
A4.71, ,
Lori LaVerriere, City Marhageer ! Nicholas J. Doup, Owner
Attest/Authenticated:
��'�� Notary PUDfit State of xiorrdr
+r Oanelle FQMatdfp
�� YpCommssone 09/2820.,Q 3 26255
.46dZi arem �w F _ a
Cry.tal Gibson, City Clerk4711
Ote
eo' .
Approved as to Form Attest/Authenticated,
ThL
ames A. Ch r f, ity rney Secretary
CONTRACT NO. 001-2511-20/EM-2
BETWEEN THE CITY OF BOYNTON BEACH AND TROPIC FENCE INC.
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as
"the City", and Tropic Fence Inc., 1864 NW 21 street, Pompano Beach, FL 33069, hereinafter
referred to as"Vendor", in consideration of the mutual benefits, terms, and conditions hereinafter
specified.
1. PROJECT DESIGNATION. The Vendor is retained by the City to provide New Fencing,
Repairs, and Gate Operators on an "as needed basis".
2. SCOPE OF SERVICES. Vendor agrees to perform the services, identified on Exhibit "A"
attached hereto and incorporated herein by reference, including the provision of all labor,
materials, equipment and supplies. No modifications will be made to the original scope of
work without the written approval of the City Manager or his designee.
3. TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving
of written notice by the City to the Vendor to proceed. Vendor shall perform all services and
provide all work product required pursuant to this Agreement on an as "needed basis" as
specified per task order requests, which may range in scope from large projects with
new installations and repairs to small quantity fence repairs (I.E. Damage from vehicle
accidents, wear and tear, demolition). The contractor shall furnish and install all labor,
materials and services as required per the plans and or specifications per project.
4. TERM. This agreement shall be for two (2) years effective upon date the contract is fully
executed by all parties. The City of Boynton Beach may extend the agreement at the same
terms, and conditions, for three (3) one-year renewals subject to vendor acceptance,
satisfactory performance, and determination that renewal will be in the best interest of the
City.
5. PAYMENT. The Vendor shall be paid by the Provider/City for completed work and for services
rendered under this Agreement as follows:
a. Work requests may range from large projects with new installations and repairs to small
quantity fence repairs (I.E. Damage from vehicle accidents, wear and tear, demolition). The
contractor shall furnish and install all labor, materials and services as required per the plans
and or specifications per project.
b. Payment for the work provided by Vendor shall be made promptly on all invoices submitted
to the City properly, provided that the total amount of payment to Vendor shall not exceed the
total contract price without express written modification of the Agreement signed by the City
Manager or designee.
c. The Vendor may submit invoices to the City once per month during the progress of the work
for partial payment. Such invoices will be checked by the City, and upon approval thereof,
payment will be made to the Vendor in the amount approved.
d. Final payment of any balance due the Vendor 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.
e. 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.
f. The Vendor'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 Vendor 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 Vendor shall be permitted to retain copies, including reproducible copies,
of drawings and specifications for information, reference and use in connection with Vendor's
endeavors.
7. COMPLIANCE WITH LAWS. Vendor shall, in performing the services contemplated by this
Agreement, faithfully observe and comply with all federal, state of Florida and City of Boynton
Beach, ordinances and regulations that are applicable to the services to be rendered under
this agreement.
8. INDEMNIFICATION. Vendor 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 attorney fees and costs, arising from injury or death to persons, including
injuries, sickness, disease or death to Vendor's own employees, or damage to property
occasioned by a negligent act, omission or failure of the Vendor.
9. INSURANCE. The Vendor 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.
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 Vendor and the City agree that the Vendor 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 Vendor nor any employee of Vendor 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 Vendor, or any employee of
Vendor.
11. COVENANT AGAINST CONTINGENT FEES. The Vendor warrants that he has not
employed or retained any company or person, other than a bona fide employee working
solely for the Vendor, 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 Vendor
any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from thr; 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 Vendor,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 Vendor 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 thirty
(30) days written notice to the Vendor.
b. In the event of the death of a member, partner or officer of the Vendor, or any of its
supervisory personnel assigned to the project, the surviving members of the Vendor
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 Vendor 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 Vendor shall be sent to the following address:
(Steve Nespoli, Vice President
Tropic Fence Inc.
1864 NW 21 street
Pompano Beach, FL 33069
Tel: 954-978-1250
Email: tropicfence@bellsouth.net
City of Boynton Beach Project Supervisor/Contract Administrator
Gail Mootz, 222 NE 9th Avenue, Boynton Beach, Florida 33435
•
18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Firm 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 Firm.
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:
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 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 STATUES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS:
CRYSTAL GIBSON, CITY CLERK
3301 QUANTUM BLVD., SUITE 101
BOYNTON BEACH, FLORIDA, 33426
561-742-6061
GIBSONC@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. 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.
DATED this I l0 day of ,)e.0 e , 20\CA.
CITY OF BOYNTON BEACH TROPIC FENCE, INC.
L r• LaVerrie , i Managerteve Nesp.li, Vi.' President
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Attest/Authenticated: � .0*
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:,.• orerate Seal)
ry- al Gibson, City Cler 7. Y i .,�'i�••••. ...L `
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Approve• as to Form: Attest/Authenticated:
// LYN TILLEY
CONTROLLER
Ja "es A. he•of, ty Attorney Secretary