R05-194
II
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RESOLUTION NO. R 05-/Qt.f
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AWARD AND EXECUTION OF AN
EMERGENCY CONTRACT TO JUSTIN INDUSTRIES,
INC., IN THE AMOUNT OF $145,000.00, TO PERFORM
DEBRIS CLEANUP AT THE MUNICIPAL GOLF
COURSE CAUSED BY HURRICANE WILMA; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Municipal Golf Course obtained SIX (6) written quotes for
hurricane debris cleanup; and
WHEREAS, Justin Industries, Inc., was the lowest quote at $145,000.00, which will
include removal of any and all downed trees, stumps ground into mulch, removal from the
facility and removal of any broken or hanging branches that could potentially become a
hazard; and
WHEREAS, upon recommendation of staff, the City Commission has determined
that it is in the best interests of the residents of the City to award to and execute a Contract
with Justin Industries, Inc., in the amount of $145,000.00 to perform debris cleanup on golf
course caused by Hurricane Wilma.
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
hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does
hereby award and authorize execution of the Contract with Justin Industries, Inc., in the
amount of $145,000.00 to perform debris cleanup on the golf course caused by Hurricane
Wilma, which is attached hereto as Exhibit "A".
Section3.
This Resolution shall take effect immediately upon passage.
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II
PASSED AND ADOPTED this 15" day of November, 2005.
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CITY OF BOYNTON BEACH, FLORIDA
~ r'lk--A..J-
Commissioner '
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AGREEMENT
1\05 - ,qLl
THIS AGREEMENT, ("Agreement") is entered into by and between the City of Boynton
Beach, a Florida municipal corporation, hereinafter referred to as "City", and JUSTIN
INDUSTRIES, INC., a Florida Corporation authorized to do business in the State of Florida,
hereinafter referred to as "Contractor", and in consideration of the mutual benefits, terms, and
conditions hereinafter specified, the parties agree as follows:
1. PROPOSAL. Contractor agrees to perform the services identified in the Proposal, which is
attached hereto as Exhibit "A" and incorporated herein by reference, including the provision
of all labor, materials, equipment and supplies.
2. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of
written notice by the City to the Contractor to proceed. Contractor shall perform all services
in a timely manner as directed by the City, and provide all work product required pursuant to
this Agreement.
3. PAYMENT. The Contractor shall be paid by the City for completed work and for services
rendered under this agreement pursuant to the proposal attached hereto as Exhibit "A"
a. Final payment of any balance due the Contractor 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.
b. Payment as provided in this section shall be full compensation for work performed,
services rendered and for ail materials, supplies, equipment and incidentals necessary to
complete the work.
c. The Contractor'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 final payments. Copies shall be made available upon request.
4. COMPLIANCE WITH LAWS. Contractor shall, in performing the services contemplated by
this service 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.
5. INDEMNIFICATION. Contractor further agrees to 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 attorneys fees and costs, at the trial and appellate
level, arising from injury or death to persons, including injuries, sickness, disease or death to
Contractor's own employees, or damage to property occasioned by a negligent act, omission
or failure of the Contractor.
6. INSURANCE. The Contractor shall secure and maintain in force throughout the duration of
this contract insurance in the amounts specified in Exhibit "B" which is attached hereto and
incorporated herein by reference.
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Said insurance policies 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.
7. INDEPENDENT CONTRACTOR. The Contractor and the City agree that the Contractor 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 Contractor nor any employee of Contractor
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 Contractor,
or any employee of Contractor.
8. COVENANT AGAINST CONTINGENT FEES. The Contractor warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Contractor, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Contractor,
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.
9. DISCRIMINATION PROHIBITED. The Contractor, 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.
10. ASSIGNMENT. The Contractor shall not sublet or assign any ofthe services covered by this
agreement without the express written consent ofthe City.
11. 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.
12. TERM. This Agreement shall commence on the date of execution of the Agreement by the last
party to execute this Agreement and shall terminate upon the Contractors succfull performance
of its obligations under this Agreement. The determination of the Contractor's successful
performance of its obligations under this Agreement shall be at the sole discretion of the City.
13. TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving forty-eight
hours (48) days written notice to the Contractor.
b. In the event of the death of a member, partner or officer of the Contractor, or any of its
supervisory personnel assigned to the project, the surviving members of the Contractor
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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 Contractor and the City, if the City so chooses.
14. APPLICABLE LAW AND VENUE. This Agreement shall be interpreted and construed in
accordance with and governed by the laws of the State of Florida. Venue for litigation
concerning this Agreement shall be in Palm Beach County, Florida.
15. NOTICES. Whenever either party desires to give notice to the other, such notice must be in
writing, sent by certified United States mail, postage prepaid, return receipt requested, or by
hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed
to the party for whom it is intended at the place last specified. The place for giving notice
shall remain the same as set forth herein until changed in writing in the manner provided in
this section. For the present, the parties designate the following:
FOR CITY:
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Attn: City Manager
FOR CONTRACTOR:
JUSTIN INDUSTRIES, INC.
P.O. Box 33401
Palm Beach Gardens, FL 33420
(561) 790-0313
Attn:
16. AMENDMENTS. No modification, amendment, or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document prepared with the
same or similar formality as this Agreement and executed by the City and Contractor.
17. PRIOR AGREEMENTS. This document incorporates and includes all prior negotiations,
correspondence, conversations, agreements, and understandings applicable to the matters
contained herein and the parties agree that there are no commitments, agreements, or
understandings concerning the subject matter of this Agreement that are not contained in
this document. Accordingly, the parties agree that no deviation from the terms hereof shall
be predicated upon any prior representations or agreements, whether oral or written. It is
further agreed that no modification, amendment or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document in accordance
with Section 17 above.
18. MULTIPLE ORIGINALS. This Agreement may be executed in two (2) copies, each of
which shall be deemed to be an original.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement,
THE CITY OF BOYNTON BEACH through its City Commissioners, signing by and through its
Mayor or Vice Mayor, authorized to execute same by Board action on /S.J1.. day of
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N ovcmhe (' , 2005, and JUSTIN INDUSTRIES, INC., signing by and through its
representative authorized to execute same.
CITY OF BOYNTON BEACH
JUSTIN INDUSTRIES, INe.
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Attest! Authenticated:
V,P.
Title
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(Corporate Seal)
Approved as to Form:
Attest! Authenticated:
1\" ~ .~!\ik..~
Secretary
STATE OF FLORIDA )
) ss:
COUNTY OF f aa~ BetiC h )
ON THIS Ig-/1- day of Af ove vloo\-be r , 2005, before me, the undersigned notary
public, personally appeared L is- c<- h '/Ida. 1'/1/) , personally known to me, or who has
produced PloY I d P- iJ. L . as identification, and is the person who
subscribed to the foregoing instrument and who acknowledged that (s)he executed the same on
behalf of said Corporation and that (s)he was duly authorized to do so.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~~-V:r
NOTARY PUBLIC
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: SUSAN COlLINS :
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Print or Type Name
My Commission Expires:
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