R22-105 1 RESOLUTION NO. R22-105
2
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING UTILIZING THE SCHOOL DISTRICT OF MANATEE
6 COUNTY INVITATION TO BID (ITB) ID# 21-0053-MR AND
7 AUTHORIZING THE INTERIM CITY MANAGER TO SIGN AN
8 AGREEMENT WITH PLAYMORE WEST, INC. DBA PLAYMORE
9 RECREATIONAL PRODUCTS &SERVICES OF FORT MYERS, FL FOR
10 PARK AND PLAYGROUND EQUIPMENT WITH THE ESTIMATED
11 COST OF $300,000.00;AND PROVIDING AN EFFECTIVE DATE.
12
13
14 WHEREAS, Playmore West,Inc.dba Playmore Recreational Products&Services has been
15 awarded the Park and Playground Equipment for the School District of Manatee County under
16 a continuing contract; and
17 WHEREAS, the Contractor shall provide engineered drawings, freight, equipment, and
18 installation, and other necessary incidentals required for custom play structure at Wilson Park;
19 and
20 WHEREAS, Capital Improvements has allocated $300,000.00 this fiscal year to renovate
21 the playground at Wilson Park; and
22 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it to be in
23 the best interests of the citizens and residents of the City of Boynton to approve utilizing the
24 School District of Manatee County Invitation to Bid (ITB) ID# 21-0053-MR and authorize the
25 Interim City Manager to sign an Agreement with Playmore West,Inc. dba Playmore Recreational
26 Products & Services of Fort Myers, FL for Park and Playground Equipment with the estimated
27 cost of$300,000.00.
28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
29 BOYNTON BEACH, FLORIDA, THAT:
30 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
31 being true and correct and are hereby made a specific part of this Resolution upon adoption
32 hereof.
33 Section 2. The City Commission hereby approves utilizing the School District of
34 Manatee County Invitation to Bid (ITB)ID#21-0053-MR and authorizes the Interim City Manager
S:\CA\RESO\Agreements\Piggy-Back With Playmore West For Playground Equipment-Reso.Docx
35 to sign an Agreement with Playmore West, Inc. dba Playmore Recreational Products & Services
36 of Fort Myers, FL for Park and Playground Equipment with the estimated cost of$300,000.00, a
37 copy of the Agreement is attached hereto as Exhibit "A.
38 Section 3. This Resolution shall become effective immediately upon passage.
39 PASSED AND ADOPTED this o,2 day of August, 2022.
40 CITY OF BOYNTON BEACH, FLORIDA
41
42 YES NO
43 /
44 Mayor-Ty Penserga V
45
46 Vice Mayor-Angela Cruz
47
48 Commissioner-Woodrow L. Hay
49
50 Commissioner-Thomas Turkin
51
(./
52 Commissioner-Aimee Kelley
53
54 VOTE S
55
56
57
58 ATTE: :
59
60
61 Maylee Pe J- "s, MPA, ' C T -- - a
62 City Cler May/
63 ytVSON �`�
64ee i}O1 vo�e°RATE ;.ytt� APPROVED AS TO FORM:
65 (Corporate Seal) , VApl
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67 1 , 0.0b : , ` 4fu
68 '►�` •••'F.o Michael D. Cirullo, r.
69 City Attorney
70
S:\CA\RESO\Agreements\Piggy-Back With Playmore West For Playground Equipment-Reso.Docx
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AGREEMENT FOR PURCHASING AND INSTALLATION OF
PLAYGROUND EQUIPMENT
___,..1_
This Agreement is made as of this GP ray of , - 2022 by and between
PLAYMORE WEST, INC. DBA PLAYMORE RECREATIO AL ODUCTS & SERVICES with a
principal address 10271 Deer Run Farms, Suite 1 Fort Myers, FL 33966 and THE CITY OF
BOYNTON BEACH, a Florida municipal corporation, with a mailing address of Post Office Box
310, Boynton Beach, FL 33425 (the "City").
RECITALS
WHEREAS, In order to maintain Wilson Park to the public, the City's Public Works
Department is requesting the City enter into an Agreement with Playmore West Inc.,dba Playmore
Recreational Products & Services to purchase and install playground equipment; and
WHEREAS, Playmore West Inc., dba Playmore Recreational Products & Services has
agreed to allow the City to piggy-back the School District of Manatee County Agreement pursuant
to Contract No. 21-0053-MR to provide Furnish, Freight and Install new Playground Equipment
at Wilson Park in the amount of$300,000.00 based on Contract No.21-0053-MR; and
NOW THEREFORE, in consideration of the mutual covenants contained herein, and for
other valuable consideration received, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
AGREEMENT
Section 1. The foregoing recitals are true and correct and are hereby incorporated in this
Agreement.
Section 2. The City and Playmore West Inc., dba Playmore Recreational Products &
Services. agree that Playmore Recreational Products&Services shall Furnish, Freight and Install
New Playground Equipment at Wilson Park in the amount of $300,000.00 based on the School
District of Manatee County Contract No 21-0053-MR, a copy of which is attached hereto as Exhibit
"A", except as hereinafter provided:
A. All references to the Playmore West Inc., dba Playmore Recreational Products &
Services/ School District of Manatee County/ Contract No 21-0053-MR shall be
deemed as references to the City of Boynton Beach.
B. All Notices to the City shall be sent to:
City: James Stables, Interim City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
Telephone: (561) 742-6010/ Facsimile: (561) 742-6090
Copy: Michael D. Cirullo, Jr., City Attorney
Goren, Cherof, Doody & Ezrol, PA.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, FL 33308
Telephone: (954) 771-4500
Facsimile: (954) 771-4923
C. The following terms and conditions are hereby incorporated into the Agreement:
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:
CITY CLERK'S OFFICE
100 EAST OCEAN AVENUE
BOYNTON BEACH, FLORIDA 33435
561-742-6060
CITYCLERK@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.
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.
VENUE AND GOVERNING LAW. Any and all legal actions arising from or necessary to enforce
this solicitation and resulting agreement/contract will be held in Palm Beach County and shall be
interpreted according to the laws of Florida.
INVOICE. Payment will be made to vendor following the City's receipt of a properly completed
invoice. Any issues regarding billing or invoices must be directed to the City Department/Division
requesting the service from the vendor. All invoices shall be addressed to the ordering
department, City of Boynton Beach, P.O Box 310, Boynton Beach, FL 33425-0310. The invoice
must include Vendor's name, address, phone number, invoice number, date, date of service and
description of services provided, and clearly list quantities, descriptions and units of measure.
EXECUTION OF THE AGREEMENT. This Agreement will take effect once signed by both parties.
This Agreement may be signed by the parties in counterparts which together shall constitute one
and the same agreement among the parties. A facsimile signature shall constitute an original
signature for all purposes.
Section 1. In the event that the Playmore Recreational Products&Services/School District
of Manatee County is amended, or terminated, Playmore Recreational Products& Services shall
notify the City within ten (10) days. In the event Playmore Recreational Products & Services
/School District of Manatee County is amended or terminated prior to its expiration, this Contract
shall remain in full force and effect, and not be deemed amended or terminated, until specifically
amended or terminated by the parties hereto.
Section 2. Playmore Recreational Products & Services agrees that in the event it enters
into a Contract for the same (or substantially similar) scope of services with another local
government in Florida which contains a term or condition, including fees, charges or costs, which
the City determines to be more favorable than the terms in this Contract, the parties shall enter
into an Addendum to provide those terms to the City.
Section 3. The insurance required shall require that the Certificate of Insurance name the
City of Boynton Beach as an additional insured.
Section 4. In all other aspects, the terms and conditions of the Playmore Recreational
Products & Services /School District of Manatee County are hereby ratified and shall remain in
full force and effect under this Contract, as provided by their terms.
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first written above.
CITY OF BOYNTON BEACH, FLORIDA PLAYMORE WEST, INC. DBA
PLAYMORE RECREATIONAL
PRODUCTS & SERVICES
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Jam ables, Interim City Manager (Signature), Company
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Print Name of Authorized O ficial
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Michael D. Circullo, Jr., City Attorney (Corporate Seal)
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EXHIBIT A
CONTRACT BETWEEN
SCHOOL DISTRICT OF MANATEE COUNTY AND
PLAYMORE WEST, INC.
PURCHASING DEPARTMENT
215 Manatee Avenue West
Bradenton, Florida 34205
O0, Disr,q,',l Direct Line (941) 708-8770 FAX Line (941) 708-8485
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Contract of Award Agreement No. 21-0053-MR
COUNw
THIS AGREEMENT is entered into by and between the Manatee County School District, hereinafter "District" and
Playmore West, Inc. , "Contractor".
WITNESSETH, that the District and the Contractor in consideration of the mutual covenants contained herein agree
as follow:
1. The Work: Contractor shall perform and render all services as prescribed and required by the Instructions to
Proposers, Proposal Form, General Conditions, Specials Conditions, Scope of Work, Specifications,and all other
documents forming a part of the Proposal package and any other documents signed by both parties relating
to the subject matter of the Agreement, all of which are incorporated by reference as though set forth in full
herein for:
PARK AND PLAYGROUND EQUIPMENT, SDMC No. 21-0053
2. Contract Term: The term of this Agreement shall be from September 1, 2020_through August 31, 2023 . Any
deviation from the awarded contract period or cancellation of any item(s)awarded may result in your company
being barred from doing business with the School District of Manatee County, in accordance with School
District Policies and Procedures. Multi-year contracts will automatically renew for one (1) year periods during
the initial contract period above, unless the District notifies the supplier of intent to rebid or negotiate new
terms ninety (90) days prior to the contract anniversary date. This Agreement shall not expire until all work
under Purchase Orders issued is completed, accepted and paid for by the District. All indemnification
provisions contained in the Agreement shall survive beyond the expiration of the Agreement.
3. Payment Terms:The standard payment terms for the School District of Manatee County are Net 30. Invoices
must include the purchase order number prominently displayed in order to receive payment. Payments will
be made only to the vendor listed on the purchase order,
4. Invoice Requirements: The selected Proposer shall submit an invoice to the District, each month, after the
services have been performed and have been received and accepted by the District.The amount charged shall
not be in excess of the rates and fees in the Agreement.
The date of the invoices shall not exceed ten (10) working days from the performance of the work. Under no
circumstances shall the invoice be submitted to the District in advance of the performance of the work.
The invoice shall contain the following basic information: the awarded Bidder's name and address, invoice
number, date of invoice, description of the service performed, the contract number, purchase order number,
and any discounts. The invoice shall be in detail sufficient for a proper pre-audit and post audit thereof. Each
bill or invoice must properly identify the services, portion of services, and expenses for which compensation is
sought.
5. Non-Funding: In the event sufficient budgeted funds are not available for a new fiscal period, the Purchasing
Department shall notify the vendor of such an occurrence and the contract shall terminate on the last day of
the current fiscal period without penalty or expense to the District.
6. Termination for Cause: The School District of Manatee County reserves the right to terminate this contract
in whole or in part at any time before the date of completion, in the event it is determined that the provider
has failed to comply with the conditions of the agreement.The School Board shall promptly notify the Provider
in writinn of the determination and the reasons for the termination. tooether with the effective date of the
Contract of Award Agreement
(Bid/RFP Park and Playground Equipment,SDMC No. 21-0053-MR
termination. Payments made to Providers or recoveries by the School Board under contracts terminated for
cause shall be in accordance with the legal rights and liabilities of the parties under the laws of the State of
Florida. Termination for cause includes terminations under 215.4725, F.S.
Termination for Convenience:Termination of this contract in whole or in part may be made by School District
Manatee County when the district determines that the continuation of the contract would not produce
beneficial results commensurate with the further expenditure of funds or in furtherance of the goals and
directives of the School District Manatee County. Termination may be initiated within 30 days' notice when
Board approval is not required and subject to Board approval when required.
7. Compliance with the Sunshine Law: The Florida Sunshine Law is a series of laws designed to guarantee that
the public has access to the public records of governmental bodies in Florida, Fla. Stat. sec. 286.011 et. seq.
and Fla. Stat. sec. 119.01 et. seq: The contracting party with The School Board of Manatee County hereby
acknowledges and agrees to comply with The Florida "Sunshine" Law, including but, not limited to keeping
and maintaining all records that relate and/or pertain to the terms of this agreement available for inspection
and copying, public records requests, internal audits and for any other informational purpose.
8. Equal Employment Opportunity: Except as otherwise provided under 41 CFR Part 60, all contracts that meet
the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal
opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal
Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964— 1965 Comp., p. 339), as amended by
Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and
implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor."
9. Anti-Discrimination: a. the bidder certifies that they are in compliance with the non-discrimination clause
contained in Section 202, Executive Order 11246, as amended by Executive Order 11375 relative to equal
employment opportunity for all persons without regard to race, color, religion, sex or national origin. The
provisions of the ADA Act of 1990 pertaining to employment shall also be applicable. b. the bidder shall not
discriminate on the basis of race, gender, gender identity or expression, religion, national origin, ethnicity,
sexual orientation, age or disability in the solicitation, selection, hiring, or treatment of sub-contractors,
vendors, suppliers, or commercial customers. Bidder shall provide equal opportunity for sub-contractors to
participate in all of its public sector and private sector sub-contracting opportunities, provided that nothing
contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace
discrimination that has occurred or is occurring in the marketplace. Bidder understands and agrees that
violation of this clause is a material breach of the contract and may result in contract determination,
debarment, or other sanctions.
10. Minority, Small, and Women Owned Business: School District of Manatee County encourages the use of
Minority Owned Businesses, Small Businesses, and Women Owned Businesses. Contractor agrees to ensure
small businesses, minority owned businesses and women's business enterprises are used whenever possible,
such as when participation as partners,joint-venture's, prime contractor, sub-contractors, and in contracting
opportunities.
11. Force Majeure: The term "FORCE MAJEURE" means circumstances beyond the reasonable control of a party,
(such as acts of God, government restriction,wars, insurrections, labor disputes,financial insolvency,economic
hardship, strife, failure of suppliers, communications or data systems) which delay or prevent the party from
performing under the terms of this agreement. Affected performance obligations will be suspended during
Page 2 of 8
Contract of Award Agreement
[Bid/RFP Park and Playground Equipment, SDMC No.21-0053-MR
the duration of the Forge Majeure., In the event that the Force Majeure persists more than 90 days, the party
may elect to terminate this agreement upon written notice.
12. Governing Law: This agreement will be governed by the internal laws of the State of Florida, without regard
to its conflicts of laws rules. Each party agrees to comply with all applicable laws in the performance of this
agreement. All disputes are to be resolved in Manatee County, Florida by binding Arbitration before the
American Arbitration Association or other mutually agreed and similar forum. The costs of such dispute will
be borne by the individual party.
13. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148):When required by Federal program legislation, all prime
construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for
compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department
of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay
wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination
made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a
week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the
Department of Labor in each solicitation.The decision to award a contract or subcontract must be conditioned
upon the acceptance of the wage determination.The non-Federal entity must report all suspected or reported
violations to the Federal awarding agency. The contracts must also include a provision for compliance with
the Copeland "AntiKickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations.
14. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts
awarded by the nonFederal entity in excess of$100,000 that involve the employment of mechanics or laborers
must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of
Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to
compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.Work in
excess of the standard work week is permissible provided that the worker is compensated at a rate of not less
than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.
The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or
mechanic must be required to work in surroundings or under working conditions, which are unsanitary,
hazardous, or dangerous.These requirements do not apply to the purchases of supplies or materials or articles
ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
15. Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of
"funding agreement" under 37 CFR§401.2(a)and the recipient or sub recipient wishes to enter into a contract
with a small business firm or nonprofit organization regarding the substitution of parties, assignment or
performance of experimental, developmental, or research work under that "funding agreement,"the recipient
or sub recipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by
Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency.
16. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as
amended: Contracts and sub grants of amounts in excess of $150,000 must contain a provision that requires
the non-Federal award to agree to comply with all applicable standards,orders or regulations issued pursuant
to the Clean Air Act(42 U.S.C.7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.
1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency(EPA). Mandatory standards and policies relating to energy efficiency which
are contained in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (42 U.S.C. 6201).
Page 3 of 8
Contract of Award Agreement
[Bid/RFP Park and Playground Equipment,SDMC No. 21-0053-MR
17. Debarment and Suspension (Executive Orders 12549 and 12689):A contract award (see 2 CFR 180.220) must
not be made to parties listed on the government wide Excluded Parties List System in the System for Award
Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders
12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), "Debarment and
Suspension." The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or
otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority
other than Executive Order 12549.
18. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352): Contractors that apply or bid for an award of$100,000 or
more must file the required certification. Each tier certifies to the tier above that it will not and has not used
Federal appropriated funds to pay any person or organization for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee
of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered
by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-
Federal award.
19. Section 6002 of The Solid Waste Disposal Act: The requirements of Section 6002 include procuring only
items designated in guidelines of the Environmental Protection Agency(EPA) at 40 CFR part 247 that contain
the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of
competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired
during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner
that maximizes energy and resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines. (78 FR 78608, Dec. 26, 2013, as amended
at 79 FR 75885, Dec. 19, 2014).
20. Record Retention Requirements for Contracts Paid for with Federal Funds 2 CFR §200.333:When federal
funds are expended by SDMC for any contract resulting from this procurement process, the vendor certifies
that it will comply with the record retention requirements detailed in 2 CFR §200.333. The vendor further
certifies that vendor will retain all records as required by 2 CFR §200.333 for a period of three years after
grantees or sub--grantees submit final expenditure reports or quarterly or annual financial reports, as
applicable, and all other pending matters are closed.
21. Indemnification: Contractor agrees to defend indemnify and hold harmless the School Board, their agents,
employees, officers and Board Members against any and all third-party claims, losses, damages, expenses, or
liabilities arising from any action or failure to act with respect to this agreement to the extent provided by law.
When pertaining to a contract Contractor will obtain at its own cost and expense general liability insurance
with minimum coverage amounts of at least one million dollars per occurrence and three million dollars in
aggregate coverage and such insurance will name The School Board, their Board Members and School District
Employees as an additional insured. To the extent applicable, Contractor will maintain and furnish workers
compensation insurance. A certificate of insurance will be furnished within ten business days from the
execution of this agreement. Failure to provide such insurance allows the School Board, the election to
immediately terminate this agreement. Certain employees are subject to written waiver of indemnification.
Failure to provide such insurance allows the District the election to immediately terminate this agreement.
22. Insurance: Contractor shall furnish the School District of Manatee County with proof of:
a. Statutory Limits of Worker's Compensation in compliance with Chapter 440, Florida Statute, if required.
b. Employer's Liability Insurance in an amount not less than $1,000,000.00 per occurrence.
Page 4 of 8
Contract of Award Agreement
[Bid/RIP Park and Playground Equipment, SDMC No. 21-0053-MR
c. Comprehensive General Liability Insurance in an amount equal to or greater than $1,000,000.00 per
occurrence for any occurrence resulting in bodily injury or death to any one or group of persons,
including any consequential damages that arise therefrom.
i. If policy is on a "CLAIMS MADE" basis, contractor's insurance carrier will identify policy as such
and indicate in writing the amount of claims paid by this policy and reserves outstanding. Policy
aggregates must equal at least two (2) times the occurrence limit.
d. Liability Insurance in an amount equal to or greater than $1,000,000.00 per occurrence for bodily injuries
and/or death to any person or persons caused by passenger automobiles or commercial vehicles.
e. Liability Insurance equal to or greater than $1,000,000.00 per occurrence for property damage caused
by passenger automobiles or commercial vehicles.
23. Compliance with Jessica Lunsford Act: The School District of Manatee County and State of Florida, requres
all contractors/subcontracts to comply with the Jessica Lunsford Act (JLA) which consists of a level II
background screening via fingerprinting. Vendors, individuals or entities under contract with the School Board
of Manatee County required to go on school grounds when students are present, must comply with the
requirements of the law and agree to indemnify and hold harmless the School Board of Manatee County for
any claims made against the School Board related to the failure to comply with Florida Statute Section
1012.465 and Section 1012.32 Florida Statutes. Information on JLA requirements and how to comply can be
accessed at www.manateeschoojs.net.
24. Sovereign Immunity: The parties acknowledge and agree that the School Board of Manatee County, Florida,
as an agency of the State of Florida, is a sovereign entity that is by law immune from suit except to the extent
specified in 768.28 of Florida Statutes. No provision of the agreement shall constitute, or be interpreted as, a
waiver of sovereign immunity, and all defenses relative to sovereign immunity shall be preserved.
•
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICA BILITY OF CHAPTER 119,
FLORIDA STATUTES, TO THE CONTRACTOR' S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS:
Linda Lambert, Communications/ Public Records Associate,215 Manatee Avenue W. Bradenton, Florida, 34205
(941) 708-8770 fame rtl({@m n teesch_ocki &et
25. Entire Agreement: The proposal and this agreement constitutes the entire agreement between the parties
and supersedes all prior agreements or representations,whether written or oral,concerning its subject matter.
This agreement may be executed in one or more counterparts, each of which will be deemed an original and
all of which will constitute one and the same instrument. The terms of this agreement will supersede any
conflicting terms in any counterpart, exhibit or attachment. No modification, amendment, or waiver of any
provision of this agreement will be effective unless in writing and signed by both parties. Notice is by writing
sent certified mail.
26. Authority to Execute: The individual executing this Agreement on behalf of the Contractor is duly and fully
authorized to execute this Agreement on behalf of the Contractor and to bind the Contractor to each and
every, condition and covenant of the Contract Documents.
SIGNATURES:
CONTRACTOR
PageSof8
Contract of Award Agreement
(Bid/RFP Park and Playground Equipment,SDMC No.21-0053-MR
Signature Date
A-'k 4(.35r4.4._
IJIc£ McSiOa,T
Type or Print Name Title
PZAY,44o,zc tAiCs T, d✓c, 231 -7a! Z(400
Business/Company Name Phone
422'( D��k IZ�a FAArt5 i24 ►rte 23i -7q j 7.4oi
Address Fax
�Y I4 Y£le S, FL 3314,‘• y, ieyte 1,:ie,c'o,•7
City, State,Zip Email
SCHOOL DISTRICT OF MANATEE COUNTY
9/2/2020
Legal Counsel Date
Superintendent Date
SCHOOL BOARD
"itia.,?/:/fzitststu, 9/3/2020
Board Chair Date
Page 6 of 8
Contract of Award Agreement
(Bid/RFP Park and Playground Equipment, SDMC No.21-0053-MR
ADDENDUM A
CONTRACTOR INFORMATION FORM
SUPPLIER NAME: Playmore West, Inc.
TELEPHONE NUMBER: -
LIST EMPLOYEE(s)THAT WILL BE DOING WORK FOR THE SCHOOL DISTRICT OF MANATEE
COUNTY: Please print clearly and duplicate form as needed.Please list badge expiration for all employees
who currently have a contractor's badge. If a designated employee does not have a contractor's badge,
indicate their Appointment Date and Time for fingerprinting.
Please reference the District website for JLA requirements: https://www.manateeschools.net/ Page/6689
Last Name,First Name Contractor/JLA Badge Expiration Fingerprint ApptDaterime
1 I l -
Page 7 of 8
Contract of Award Agreement
(Bid/RFP Park and Playground Equipment, SDMC No.21-0053-MR
SUPPLIERS-MUST-HAVE A V L4D-J -A-BADGE TO PERFORM-SE-RVIG-EES ON SCHOOL CAMPUS.
SUPPLIERS WITH NO BADGE.MIJl ,JSCO TED.ON ANI. DE CAMPUS AND SUPERVISED WHILE
RENDERING SERVICES.
Contractor/Vendor Disqualifiable Offenses:
❖ Any offense listed in s. 943.0435 (1)(a) 1., relating to the registration of an individual as a sexual offender.
+ Section 393.135, relating to sexual misconduct with certain developmentally disabled clients and the reporting
of such sexual misconduct.
❖ Section 394.4593, relating to sexual misconduct with certain mental health patients and the reporting of such
sexual misconduct.
4• Section 775.30, relating to terrorism.
:• Section 782.04, relating to murder.
❖ Section 787.01, relating to kidnapping.
❖ Any offense under chapter 800, relating to lewdness and indecentexposure.
❖ Section 826.04, relating to incest.
+ Section 827.03, relating to child abuse, aggravated child abuse, or neglect of a child.
Page 8 of 8