R18-088 1
2 RESOLUTION NO. R18-088
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
5 FLORIDA, APPROVING THE PIGGY-BACK OF A NATIONAL
6 IPA CONTRACT #R160101 WITH WILLIAMS SCOTSMAN, INC.,
7 OF WEST PALM BEACH, FL FOR RENTAL OF TWO MODULAR
8 TRAILERS IN THE AMOUNT OF $82,263.25 FOR THE
9 TEMPORARY LIBRARY SITE LOCATED AT 115 NORTH
10 FEDERAL HIGHWAY; AND PROVIDING AN EFFECTIVE DATE.
11
12 WHEREAS, as part of the Town Square project approved by the City
13 Commission it is necessary to relocate the Library services to a temporary location at 115
14 North Federal Highway and to use modular trailers on the property in addition to the
15 building that is already there; and
16 WHEREAS, upon recommendation of staff, it is the City's desire to piggy-back a
17 National IPA Contract #R160101 with Williams Scotsman, Inc., for rental of two modular
18 trailers in the amount of $82,263.25 for the temporary library site located at 115 North
19 Federal Highway.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
23 as being true and correct and are hereby made a specific part of this Resolution upon
24 adoption.
25 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
26 approves the piggy-back of a National IPA Contract #R160101 with Williams Scotsman,
27 Inc., for rental of two modular trailers in the amount of $82,263.25 for the temporary
28 library site located at 115 North Federal Highway.
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CONTRACT
This Contract is made as of this i(,,)�' day of :..7 , 2018 by and
between WILLIAMS SCOTSMAN, INC ., a foreign corSoration authorized to do
business in the State of Florida, with offices at 901 S. Bond Street, Suite 600,
Baltimore, MD 21213 ("Williams Scotsman"), and THE CITY OF BOYNTON BEACH, a
Florida municipal corporation, with an address at 100 East Boynton Beach Boulevard,
Boynton Beach, FL 33435 (the "City").
RECITALS
WHEREAS, as part of the Town Square project, the Boynton Beach City Library
will be temporarily relocating to 115 North Federal Highway; and
WHEREAS, in order to accommodate staff and programs it is necessary to utilize
modular trailers onsite; and
WHEREAS, the City is piggy-backing the National IPA Contract #R160101 with
Williams Scotsman, Inc., for rental of 60 x 24 and 60 x 48 modular trailers, in
the amount of $82,263.25, for the temporary library site located at 115 North
Federal Highway; 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 Contract.
Section 2. Contract Documents. The City and Williams Scotsman agree that
Williams Scotsman will provide the rental of 60 x 24 and 60 x 48 modular trailers in the
amount of $82,263.25 for the temporary library site located at 115 North Federal
Highway, based on the following exhibits, which, in conjunction with the Contract, shall
constitute the Contract Documents:
1. Exhibit 1 - The National IPA Contract #R160101, a copy of which
is attached hereto as Exhibit "A", except as hereinafter provided;
2. Exhibit 2 — Williams Scotsman Quote, Contract Number: 888903, dated
June 8, 2018;
3. Exhibit 3 — Williams Scotsman Quote, Contract Number: 892065, dated
June 15, 2018; and
4. Exhibit 4 — Williams Scotsman, Inc. Lease Agreement Terms and
Conditions, dated August 1, 2015.A. As to Exhibit 1, the National IPA
Contract #R160101, all references to National IPA or Region 4
(00240290.1306-9001821) Page 1 of 6
Educational Services Center (Region 4 ESC) shall be deemed to be
references to the City of Boynton Beach.
B. All Notices to the City shall be sent to:
City: Lori LaVerriere, City Manager
City of Boynton Beach
P.O. 310
Boynton Beach, Florida 33425
Telephone: (561) 742-60101 Facsimile: (561) 742-6090
Copy : James A. Cherof, 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 venue of any action taken to enforce this Contract shall be in
Palm Beach County, Florida and this Contract shall be interpreted under the laws of the
State of Florida.
Section 3. Indemnification.
A. The City of Boynton Beach does not agree to the liability and indemnity
provisions stated in the Williams Scotsman Quotes (Exhibits 2 and 3) and
the Williams Scotsman Terms and Conditions (Exhibit 4).
B. The City does not contractually accept responsibility for liability arising out of
full or partial negligence, acts, or omissions of Williams Scotsman, its agents
or employees, as stated in Section 11 of Exhibit 4.
C. Subject to the limiting provisions of Florida Statute 725.06,
Williams Scotsman shall indemnify, and hold harmless the CITY, its
officers, agents and employees, from and against any and all claims, losses
or liability, or any portion thereof, including attorneys' fees and costs,
arising from injury or death to persons, including injuries, sickness, disease
or death to Williams Scotsman's own employees, or damage to property
caused by a negligent act, omission or failure of Williams Scotsman, or
intentional wrong doing of Williams Scotsman or other persons employed or
utilized by Williams Scotsman in performance of Williams Scotsman's duties
pursuant to its agreement with the City. Neither party to this Contract shall be
liable to any third party claiming directly or through the other respective party,
for any special, incidental, indirect or consequential damages of any kind,
including but not limited to lost profits or use that my result from this
Contract or out of the services or goods furnished hereunder.
(00240290.1306-9001821) Page 2 of 6
Section 4. Insurance.
A. The City and Williams Scotsman will mutually determine whether the
reparation of the equipment is "uneconomical" as stated in Section 12 of
Exhibit 4.
B. In the event of any property or equipment damage, the City reserves the
right to seek the most practical, efficient and cost effective measures to
secure temporary facilities while the equipment was being repaired or
replaced.
C. The City agrees to obtain optional property damage waiver offered
by Williams Scotsman as outlined on page one of Exhibit 2 and 3 for the
duration of agreement as specified.
D. The Contractor (installer) shall secure and maintain in force
commercial general liability insurance which shall cover liability arising from
any and all personal injury or property damage in the amount of at
least one million dollars ($1,000,000) per occurrence and subject to an
annual aggregate of two million dollars ($2,000,000). Worker's
Compensation coverage shall also be furnished which shall cover the
statutory disability and medical benefit requirements. If exempt for Worker's
Compensation, proper documentation shall be provided.
Said general liability policy shall name the City of Boynton Beach as an
"additional named insured". Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of
this agreement.
Williams Scotsman will forward insurer notices of cancellation for insurance
required under this Agreement to the City. All insurance required by the
express provision of the Agreement shall be carried only by insurers rated
at least "A-, VI" or better by the current A.M. Best Key Rating Guide,
that are licensed to do business in the State of Florida, and that have
been approved by the City.
Section 5. Warranties and Representations
A. Williams Scotsman represents and warrants to the CITY that it is
competent to engage in the scope of services contemplated under this
Contract and that it will retain and assign qualified professionals to work
with the City to implement the terms and conditions of this Contract.
Williams Scotsman's services shall meet a standard of care for leasing
modular trailers and related services equal to or exceeding the standard of
care for the industry under similar conditions.
(00240290.1306-9001821) Page 3 of 6
Section 6. Compliancewith Laws
A. Williams Scotsman will provide its standard structures in compliance
with Federal law and in compliance with all laws, ordinances,
regulations and codes known to Williams Scotsman. The City of
Boynton Beach will obtain building permits for such structures. Williams
Scotsman shall, in performing the services contemplated by this Contract,
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 Contract, shall review and comply with laws,
regulations, codes and standards in effect as of the date of this agreement
that are applicable to Williams Scotsman's services and shall exercise
professional care and judgment to comply with requirements imposed by
governmental authorities having jurisdiction over the work and services that
are the subject of the Contract.
Section 7. The City Commission may terminate this Agreement if
CONTRACTOR is found to have been placed on the Scrutinized Companies
that Boycott Israel List or is engaged in a boycott of Israel.
Section 8. In the event the National IPA Contract is amended or terminated
prior to its expiration, this Contract between the City and Williams Scotsman shall
remain in full force and effect, and not be deemed amended or terminated, until
specifically amended or terminated in writing by the parties hereto.
Section 9. Any and all insurance obtained by Williams Scotsman in connection
with this Contract shall name the City of Boynton Beach as an additional insured the
Certificate of Insurance.
Section 10. PUBLIC RECORDS. The City is public agency subject to
Chapter
119, Florida Statutes. The Williams Scotsman shall comply with Florida's
Public
Records Law. Specifically, the Williams Scotsman 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
`00240290.1106-900,82„ Page 4 of 6
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 WILLIAMS SCOTSMAN 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)
P.O. Box 310
BOYNTON BEACH, FLORIDA, 33425
561-742-6061
PYLEJ@BBFL.US
Section 11. In all other aspects, the terms and conditions of the National
IPA Contract, are hereby ratified and shall remain in full force and effect under this
Contract, as provided by their terms.
REMAINDER OF THIS PAGE LEFT BLANK. SIGNATURE PAGE FOLLOWS.
(00240290.1 306-900,821) Page 5 of 6
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the
day and year first written above.
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
By:
Ju yl A. Pyle, CM , City Clerk
APPROV D AS 0 'ORM:
Jame . Chero •rney
WILLIAMS SCOTSMAN, INC .
By: N,41)
Print Name: L\Vii\ (0
Title: L,n rta.vu%..sct,f
ATTEST:
�.coq
CORPORATE SECRETARY
{00240290.1306-9001821) Page 6 of 6
° WILLIAMS SCOTSMAN,INC.
W I L L I A M S 901 South Bond Street,Suite 600
Baltimore,Maryland 21231
SCOTSMAN 410-931-6000 800-638-6963
FAX 410-933-5940
SECRETARY'S CERTIFICATE
I, Samantha Bishop, hereby certify that I am the Corporate Secretary of Williams
Scotsman, Inc. ("Williams Scotsman"), a Maryland corporation, and that the individual
listed below has the corporate authority to execute contracts and agreements binding
Williams Scotsman to contracts and obligations up to the dollar amount specified below:
Name Title Authority Limit
Cheryl Gordon Contracts Manager $500,000.00
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
Seal of the corporation,this `t' 1vday of December, 2017.
Samantha Bishop
Assistant Corporate Secretary
Williams Scotsman, Inc.
(SEAL)
901 South Bond Street,Suite 600•Baltimore,MD 21231 •USA•p.+1.410.931.6101 f.+1.410.931.6117•
www.willscot.com
29 Section 3. The City Manager is hereby authorized to sign a contract with
30 Williams Scotsman, Inc., a copy of which is attached hereto as Exhibit"A".
31 Section 4. That this Resolution shall become effective immediately.
32 PASSED AND ADOPTED this 3r1 day of July, 2018.
33
34 CITY OF BOYNTON BEACH, FLORIDA
35
36 YES NO
37
38 Mayor-Steven B. Grant
39
40 Vice Mayor-Christina L. Romelus
41
42 Commissioner-Mack McCray
43
44 Commissioner-Justin Katz Al,5
45
46 Commissioner-Joe Casello V
47
48 �0
49 VOTE
50
51 ATTEST:
52
53
54GLd d !/t
55 Judith Pyle, CMC
56 City Cl k
57
58
59
60 (City Seal)
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