R19-090 1 RESOLUTION NO. R19-090
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING UTILIZING THE CITY OF CHARLOTTE, NORTH
5 CAROLINA CONTRACT WITH KOMPAN, INC., CONTRACT NO.
6 2017001135 FOR PLAYGROUND AND FITNESS EQUIPMENT AT
7 BOYNTON LAKES PARK AND MEADOWS PARK FOR A TOTAL
8 ESTIMATED EXPENDITURE OF $113,500.02; AUTHORIZING THE
9 CITY MANAGER TO SIGN AN AGREEMENT WITH KOMPAN,
10 INC; AND PROVIDING AN EFFECTIVE DATE.
11
12
13 WHEREAS,the playground equipment at Boynton Lakes Park and fitness equipment
14 at Meadows Park are past its life expectancy and is scheduled for replacement this fiscal year;
15 and
16 WHEREAS, the City of Charlotte awarded Contract No. 2017001135 to Contractor
17 effective July 1, 2017 for a period of five (5) years with two (2) additional two-year terms;
18 and
19 WHEREAS,the City is granted permission to utilize this Contract by being a member
20 of the US Communities for Meadows Park Fitness zone installation in the amount of$23,500
21 and for Boynton Lakes Park playground installation in the amount of$90,000.02 for a total
22 estimated expenditure of $113,500.02 with pricing based on the City of Charlotte, North
23 Carolina Contract No. 2017001135.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA,THAT:
26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being
27 true and correct and are hereby made a specific part of this Resolution upon adoption hereof.
28 Section 2. The City Commission of the City of Boynton Beach hereby approves
29 and authorizes the City Manager to sign a Piggy-Back Contract with Kompan, Inc., a copy of
30 which is attached hereto as Exhibit "A", for the purchase of playground and fitness zone
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31 equipment and installation with a total estimated expenditure of$113,500.02 at prices based
32 on City of Charlotte Contract No. 2017001135.
33 Section 3. That this Resolution shall become effective immediately upon passage.
34 PASSED AND ADOPTED this S-4day of„ T""".`` , 2019.
35 CITY OF BOYNTON BEACH, FLORIDA
36
37 YES NO
38
39 Mayor—Steven B. Grant ✓
40
41 Vice Mayor—Justin Katz ✓
42
43 Commissioner—Mack McCray ✓
44
45 Commissioner—Christina L. Romelus
46
47 Commissioner—Ty Penserga
48
49 VOTE S—,D
50 ATTEST:
51
52
53 i i/J7ML _
54 Cry'al Gibson, C
55 City Clerk
56
57
58 (Corporate Seal)
59
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PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT CONTRACT
This Contract is made as of this day of ,2019 by and between KOMPAN,
INC.,a Foreign Corporation authorized to do business in the State of Florida,with principal offices
located at 605 W. Howard Lane, Ste. 101, Austin, TX 78753 ("Contractor"), 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, the playground equipment at Boynton Lakes Park and fitness equipment at
Meadows Park are past its life expectancy and is scheduled for replacement this fiscal year; and
WHEREAS, the City of Charlotte awarded Contract No. 2017001135 to Contractor
effective July 1, 2017 for a period of five (5) years with two (2) additional two-year terms; and
WHEREAS, the City is granted permission to utilize this Contract by being a member of
the US Communities for Meadows Park Fitness zone installation in the amount of$23,500 and
for Boynton Lakes Park playground installation in the amount of$90,000.02 for a total estimated
expenditure of$113,500.02 with pricing based on the City of Charlotte, North Carolina Contract
No. 2017001135.
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:
CONTRACT
Section 1. The foregoing recitals are true and correct and are hereby incorporated in this
Contract.
Section 2. The City and CONTRACTOR agree that CONTRACTOR shall provide
Meadows Park Fitness zone installation in the amount of$23,500 and for Boynton Lakes Park
playground installation in the amount of $90,000.02 for a total estimated expenditure of
$113,500.02 with pricing based on the City of Charlotte,North Carolina Contract No.2017001135,
a copy of which is attached hereto as Exhibit "A", except as hereinafter provided:
A. All references to City of Charlotte,North Carolina, shall be deemed as references to the City of
Boynton Beach. Section 43.3, Governing Law and Jurisdiction shall be amended to state that
Venue for any litigation, interpretation or enforcement arising under this Contract must be in a
court of competent jurisdiction in Palm Beach County, Florida.
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B. Section 39, Notices. All Notices to the City shall be sent to:
City: Lori LaVerriere, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
Telephone: (561) 742-6010/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 following terms and conditions are hereby incorporated into the Contract:
Scrutinized Companies
By execution of this Contract, in accordance with the requirements of F.S. 287-135 and
F.S. 215.473, 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.
D. Records shall be deleted in it's entirety and replaced with the following:
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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:
1) Keep and maintain public records required by the CITY to perform the service;
2) 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;
3) 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
4) 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.
5) 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
3301 QUANTUM BLVD.
BOYNTON BEACH, FL, 33435.
561-742-6061.
CITYCLERK@BBFL.US
E. Section 9, Billing, is amended to state: The City of Boynton Beach is tax exempt.
Section 3. In the event that the City of Charlotte, North Carolina Contract is amended, or
terminated, CONTRACTOR shall notify the City within ten (10) days. In the event the City of
Charlotte, North Carolina Contract 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.
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Section 4. CONTRACTOR 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 5. The insurance required shall require that the Certificate of Insurance name the
City of Boynton Beach as an additional insured.
Section 6. In all other aspects, the terms and conditions of the City of Charlotte, North
Carolina Contract are hereby ratified and shall remain in full force and effect under this Contract,
as provided by their terms.
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
ATTEST:
By:
Lori LaVerriere, City Manager
Crystal Gibson, MMC, City Clerk
APPROVED AS TO FORM:
James A. Cherof, City Attorney
KOMPAN, INC.
WITNESSES:
BY:
Print Name:
Title:
ATTEST:
SECRETARY
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EXHIBIT A
CONTRACT BETWEEN CITY OF CHARLOTTE,
NORTH CAROLINA
AND KOMPAN, INC.
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