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HomeMy WebLinkAboutDocumentation_Regular_Tab 18_6/8/2023Agenda Item #18. Regular Council STAFF MEMO Meeting: Regular Council - Jun 08 2023 Staff Contact: Marjorie Craig, Utilities Director Department: Utilities �� Consider Approval of an Agreement with Fortiline, Inc., to Purchase Water Meter Fittings and Water Line Accessories, Piggybacking on their Agreement with the City of Deerfield Beach/ Southeast Florida Governmental Purchasing Group The Utilities Department (UD) recommends approval of a piggyback agreement on the City of Deerfield Beach's agreement with Fortiline, Inc., to purchase water meter fittings and water line accessories for use in the water distribution and water treatment plant piping systems for repairs or small projects. The agreement provides discounted rates based on the agreement's established rate schedule. The City of Deerfield Beach, acting as the lead agency for the Southeast Florida Governmental Purchasing Cooperative Group, completed the agreement through a competitive selection process. This agreement with Fortiline is the second of several "as needed" piggyback contracts UD is bringing forward to leverage the purchasing cooperative to obtain the best prices. UD maintains an inventory of parts and materials for the repair of water lines and components within the water distribution and water treatment systems. Because of the volatility of prices, supplies, and unknown emergent or emergency situations, it is not possible to accurately predict the amount that will be spent with Fortiline. However, the annual spend is typically about $26,000 and we anticipate that that spend level will continue, all things considered. Funds for the purchase of these and other parts from other vendors are typically allocated annually as follows in the General Ledger (G/L) categories of the budget: Budget Department 411 - Renewal & Replacement - Operating Expenditures/ Expense 401-411-552.601 — Meters, Valves, & Hydrants — FY23 budget = $45,000 Budget Department 243- Water Distribution Division 401-243-546.342 - Water System Maintenance — FY23 budget = $67,575 Budget Department 242 — Water Treatment Division 401-242-546.342 — Water System Maintenance — FY23 budget=$95,000 (miscellaneous $5,000) Please see attached budget table for budget considerations. This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768- 0443. Page 732 of 768 Agenda Item #18. PROJECT NAME: BUDGET: N/A Proposed: N/A Staff recommends approval of the agreement rk TT /1 ENCUMBERED: N/A Projected Remaining: N/A 23-06.08.Budaet Table OD Exa-401-411-552.601 401-243-546.342 2023.06.Fortiline Piggyback Contract 2023.06.Fortiline Exhibit A 2023.06.Fortiline Exhibit B Page 733 of 768 Agenda Item #18. � -0 � � � � E E � � � m � � m \ E 3 / (U f k LU \ \ O ai / / y = E ru ° E % z t s CL > ƒ ƒ E Gi / \ 7 uo) 7 2 % � \ \ e e m \ 7 N � k / $ © ° 9 9 ® e m 0 m % e \ to \ \ LL m # IR M 9 q R #00 c z � � N rq LU � E f 00 RT c 4 w 00 / 00 n w V m >. � D Q 2 � q N R ? 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VILLAGE OF TEQUESTA AGREEMENT FOR WATER METER FITTINGS AND WATER LINE ACCESSORIES THIS AGREEMENT FOR WATER METER FITTINGS AND WATER LINE ACCESSORIES is entered into and effective this_ day of , 2023, by and between the VILLAGE OF TEQUESTA, a Florida municipal corporation with offices located at 345 Tequesta Drive, Tequesta, Florida 33469, organized and existing in accordance with the laws of the State of Florida, hereinafter "the Village"; and Fortiline, INC., a Corporation authorized to do business in Florida, with offices located at 7025 Northwinds Drive NW, Concord, NC, 28147 hereinafter "the Contractor", and collectively with the Village, "the Parties". WITNESSETH The Village and the Contractor, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both Parties, hereby agree as follows: 1. SCOPE OF SERVICES: The Parties hereby agree to enter into this Agreement whereby the Contractor shall provide for the purchase of water meter fittings and water line accessories as needed by the Village for its water distribution system. The Parties agree to enter into this Agreement and piggyback for water meter fittings and water line accessories at the unit prices described In the City of Deerfield Beach contract awarded through the Southeast Florida Governmental Purchasing Cooperative Group ITB #2018-19/12. Said contract, including its terms, conditions, specifications, and attached exhibits/amendments, are hereby fully incorporated into this Agreement and attached hereto as Exhibit "A". Authorization to piggyback on the contract and amendments is hereby fully incorporated into this Agreement and attached hereto as Exhibit "B„ 2. COMPENSATION: In consideration for the above Scope of Services, pricing shall be pursuant to the unit prices provided in Exhibit "A". The goods or services shall be delivered in a manner, location, and time as specified by the Village on a per order basis the "Order Performance Date." 3. CHANGE ORDERS: Seller is aware that price and time are of the essence in this contract and that prompt and timely performance of all such obligations is strictly required. If conditions change that would require an increase in price, scope, or time for performance for any particular Pagel of 8 Page 735 of 768 Agenda Item #18. order Seller must notify the Village in writing detailing the conditions that have changed and requesting a change order to the contract within 30 days prior to the order performance date "Change Order Deadline". Change orders submitted after the change order deadline will not be considered. Seller shall not proceed with any change to its obligations under a change order request unless documented in a Change Order executed by both Parties. If Seller requests a change order prior to the change order deadline Village at its discretion may accept the change order as is or with modifications, deny the change order, re -advertise and re -solicit providers for the required goods or services or terminate this contract. If the Village elects to re -advertise and re -solicit the need for goods or services the Village will have 30 days "Solicitation Period" in which to accept the contemplated change order or terminate this contract. At any time after execution of this Agreement but prior to Seller's delivery of the Goods, the Village reserves the right at its discretion to change, modify, revise add, or remove any part of its order for the Goods as described by this Agreement and any Exhibits, if applicable. If any such change to the Village's order causes an increase or decrease in the cost of the Goods or causes a change in the time required for delivery of the Goods, the Village shall make an equitable adjustment in the contract price, the delivery schedule, or both. Any change to the Village's order for the Goods and any subsequent equitable adjustment to the terms of this Agreement shall be effectuated through a written Amendment to this Agreement as executed by both Parties pursuant to Section 15. of this Agreement. 4. TERM: TERMINATION, NOTICE: Pursuant to the City of Deerfield Beach's Water Meter Fittings and Water Line Accessories contract, the original contract term expired on March 5th, 2022. The City of Deerfield Beach renewed the contract through Renewal #1 to the contract, extending the term until March 51h, 2023. On March 2°1, 2023, The City of Deerfield Beach renewed the contract for an additional year through Renewal #2 to the contract, extending the term until March 5`h, 2024. This Agreement may be terminated by either party upon 30 days' written notice to the other party. Notice shall be considered sufficient when sent by certified mail or hand - delivered to the Parties during regular business hours at the following addresses: Village Contractor Village of Tequesta Fortiline, INC. 345 Tequesta Drive 7025 Northwinds Drive NW, Tequesta, FL 33469-0273 Concord, NC 28147 Attn: Utilities Department Page 2 of x Page 736 of 768 Agenda Item #18. 5. INSURANCE: The Contractor shall provide proof of workman's compensation insurance and liability insurance in such amounts as are specified in Exhibit "A" and shall name the Village as an "additional insured" on the liability portion of the insurance policy. 6. INDEMNIFICATION: The Contractor shall at all times indemnify, defend and hold harmless the Village, its agents, servants, and employees, from and against any claim, demand or cause of action of whatsoever kind or nature, arising out of error, omission, negligent act, conduct, or misconduct of the Contractor, its agents, servants, or employees in the performance of services under this Agreement. Nothing contained in this provision shall be construed or interpreted as consent by the Village to be sued, nor as a waiver of sovereign immunity beyond the waiver provided in Section 768.28, Florida Statutes. 7. PUBLIC ENTITIES CRIMES ACT: As provided in Sections 287.132-133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the Contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within thirty-six (36) months immediately preceding the date hereof. This notice is required by Section 287.133(3)(a), Florida Statutes. 8. INDEPENDENT CONTRACTOR: It is specifically understood that the Contractor is an independent contractor and not an employee of the Village. Both the Village and the Contractor agrees that this Agreement is not a contract for employment and that no relationship of employee —employer or principal —agent is or shall be created hereby, nor shall hereafter exist by reason of the performance of the services herein provided. 9. INSPECTOR GENERAL: Pursuant to Sections 2-421-2-432 of the Palm Beach County Code of Ordinances, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists Page 3 of 8 Page 737 of 768 Agenda Item #18. of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. 10. E-VERIFY ELIGIBILITY: The Contractor warrants and represents that it is in compliance with Section 448.095, Florida Statutes, as may be amended. No later than January 1, 2021, the Contractor shall: (1) register with and use the E-Verify System (E-Verify.gov) to electronically verify the employment eligibility of all newly hired workers; and (2) verify that all of the Contractor's subconsultants performing the duties and obligations of this Agreement are registered with and use the E-Verify System to electronically verify the employment eligibility of all newly hired workers. The Contractor shall obtain from each of its subconsultants an affidavit stating that the subconsultant does not employ, contract with, or subcontract with an Unauthorized Alien, as that term is defined in Section 448.095(1)(k), Florida Statutes, as may be amended. The Contractor shall maintain a copy of any such affidavit from a subconsultant for, at a minimum, the duration of the subcontract and any extension thereof. This provision shall not supersede any provision of this Agreement which requires a longer retention period. The Village shall terminate this Agreement if it has a good faith belief that the Contractor has knowingly violated Section 448.09(1), Florida Statutes, as may be amended. If the Contractor has a good faith belief that the Contractor's subconsultant has knowingly violated Section 448.09(1), Florida Statutes, as may be amended, the Village shall notify the Contractor to terminate its contract with the subconsultant and the Contractor shall immediately terminate its contract with the subconsultant. In the event of such contract termination, the Contractor shall be liable for any additional costs incurred by the Village as a result of the termination. 11. SCRUTINIZED COMPANIES: For Contracts under $1 M, the Contractor certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and that it is not engaged in a boycott of Israel. The Village may terminate this Agreement at the Village's option if the Contractor is found to have submitted a false certification as provided under Section 287.135(5), Florida Statutes, if the Contractor has been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, or if Contractor is engaged in a boycott of Israel. For Contracts over $1 M, the Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Page 4 of 8 Page 738 of 768 Agenda Item #18. Statutes. The Contractor further certifies that it is not engaged in a boycott of Israel, and that it does not have business operations in Cuba or Syria, as similarly provided in Section 287.135, Florida Statutes. The Village may terminate this Agreement at the Village's option if the Contractor is found to have submitted a false certification as provided under Section 287.135(5), Florida Statutes or if the Contractor has been placed on one of the aforementioned lists created pursuant to Section 215.4725, Florida Statutes. Additionally, the Village may terminate this Agreement at the Village's option if the Contractor is engaged in a boycott of Israel or has been engaged in business operations in Cuba or Syria, as defined in Section 287.135, Florida Statutes. 12. ATTORNEY'S FEES: In the event a dispute arises concerning this Agreement, the prevailing party shall be awarded attorney's fees, including fees on appeal. 13. FORCE MAJEURE: The Contractor shall not be considered in default by reason of any failure in performance under this Agreement if such failure arises out of causes reasonably beyond the control of the Contractor or its subcontractors and without their fault or negligence. Such causes include, but are not limited to: acts of God; acts of war; natural or public health emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weather conditions. 14. CHOICE OF LAW: VENUE: This Agreement shall be governed and construed in accordance with the laws of the State of Florida, and venue shall be in Palm Beach County should any dispute arise with regard to this Agreement. 15. AMENDMENTS & ASSIGNMENTS: This Agreement, all Exhibits attached hereto, and required insurance certificates constitute the entire Agreement between both parties; no modifications shall be made to this Agreement unless in writing, agreed to by both parties, and attached hereto as an addendum to this Agreement. The Contractor shall not transfer or assign the provision of services called for in this Agreement without prior written consent of the Village. 16. PUBLIC RECORDS: In accordance with Section 119.0701, Florida Statutes, the Contractor must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Scope of Services. Upon request from the Village's custodian of public records, the Contractor must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A Contractor who fails to provide the public records to the Village, or fails to make them available Page 5 of 8 Page 739 of 768 Agenda Item #18. for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Section 119.0701, Florida Statutes, and other penalties under Section 119.10, Florida Statutes. Further, the Contractor shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in Scope of Services are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the Contractor does not transfer the records to the Village. Finally, upon completion of the Agreement, the Contractor shall transfer, at no cost to the Village, all public records in possession of the Contractor, or keep and maintain public records required by the Village. If the Contractor transfers all public records to the Village upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the Village, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0685, OR AT lmmilliamsAjecluesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. 17. HEADINGS: The headings contained in this Agreement are provided for convenience only and shall not be considered in construing, interpreting or enforcing this Agreement. 18. SEVERABILITY: The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability or any other provision of this Agreement and this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision is not contained herein. 19. WAIVER: No waiver by the Village of any provision of this Agreement shall Page 6 of 8 Page 740 of 768 Agenda Item #18. be deemed to be a waiver of any other provisions hereof or of any subsequent breach by the Contractor of the same, or any other provision or the enforcement hereof. The Village's consent to or approval of any act requiring the Village's consent or approval of any act by the Contractor shall not be deemed to render unnecessary the obtaining of the Village's consent to or approval of any subsequent consent or approval of, whether or not similar to the act so consented or approved. 20. ENTIRE AGREEMENT, This eight -page Agreement, includhig any Exhibits, constitutes the entire agreement between the parties; no modification shall be made to this Agreement unless such modification is in writing, agreed to by both parties, and attached hereto as an addendum to this Agreement, [REMAINDER OF TMS PAGE LEFT INTENTIONALLY BLANK] IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. WITNESSES: FORTILINE INC. C1 By: ! r4l . gvp, Fla)I—i (Corporate Scal) Page 7 of 8 Page 741 of 768 Agenda Item #18. ATTEST: Lori McWilliams, MMC Village Clerk VILLAGE OF TEQUESTA By: Molly Young, Mayor (Seal) Page 8 of 8 Page 742 of 768 EXHIBIT A Agenda Item #18. Southeast Florida Governmental Purchasing Cooperative Group CONTRACT AWARD Please complete each of the applicable boxes and submit with bid documents, award notices and tabulations to (piper@mvboca.us for placement on the NIGP SEFL website Cooperative contract page. PAGE 1 OF 2 BID/RFP No. ITB #2018-19/12 Description/Title: Water Meter Fittings and Water Line Accessories Initial Contract Term: Start Date: March 6, 2019 End Date: March 5, 2022 Renewal Terms of the Contract: 3 Renewal Options for 1 Year (No. of Renewals) (Period of Time) Renewal No. Start Date: End Date: Renewal No. Start Date: End Date: Renewal No. Start Date: End Date: SECTION #1 VENDOR AWARD Vendor Name: Core & Main LP Vendor Address: 4310 NW 10th Avenue, Oakland Park, FL 33309 Contact: Susan Reed Phone: 954-722-7343 Fax: Cell/Pager: Email Address: susan.reed@coreandmain.com Website: FEIN: 03-0550887 VENDOR AWARD Vendor Name: Empire Pipe and Supply vendor Address: 40 Keys Court, Sanford FL 32773 Contact: John Kuehne Phone: 407-295-2400 Fax: Cell/Pager: Email Address: Jkuehne@empirepipe.com Website: FEIN: 20-5330433 Page 743 of 768 Agenda Item #18. PAGE 20F2 VENDOR AWARD Vendor Name: Ferguson Waterworks Vendor Address: 1950 NW 18th St., Pompano Beach, FL 33069 Contact: Drew Petonick Phone: 954-973-8100 Fax: 954-971-3134 Cell/Pager: Email Address: drew.petonick@ferguson.com website: FEIN: 54-1211771 VENDOR AWARD Vendor Name: Fortiline, Inc. Vendor Address: 7025 Northwinds Drive NW, Concord, NC 28147 Contact: Sheri Smith Phone: 704-788-9859 Fax: 704-788-9894 Cell/Pager: Email Address: sherl.smith@fortlllne.com website: www•doorsystemsfi.com FEIN:57-0819190 VENDOR AWARD Vendor Name: Lehman Pipe and Supply vendor Address: 3575 NW 36th Street, Miami, FL 33142 Contact: Josh Aberman Phone: 305-576-3054 Fax: Cell/Pager: Email Address: josh@lehmanplpe.com website: FEIN: 59-0576183 SECTION #2 AWARD/BACKGROUND INFORMATION Award Date: March 6, 2019 Resolution/Agenda Item No.: 2019/024 Insurance Required: Yes X No Performance Bond Required: Yes No X SECTION #3 Agency Name: Agency Address: Agency Contact: Telephone: LEAD AGENCY City of Deerfield Beach 401 SW 4th Street, Deerfield Beach, FL 33441 Christine Miller, Senior Buyer Email cdmiller@deerfield-beach.com 954-480-4415 Fax: 954-480-4388 Page 744 of 768 Agenda Item #18. RESOLUTION NO.2019/024 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, APPROVING THE AWARD OF ITB 2018-19f12 WATER METER FITTINGS AND WATER LINE ACCESSORIES, TO FERGUSON ENTERPRISES, INC., FORTILINE WATERWORKS, INC., CORE & MAIN LP, LEHMAN PIPE & PLUMBING SUPPLY CO., AND EMPIRE PIPE AND SUPPLY COMPANY, INC., ("AWARDEES") FOR THE PURCHASE OF WATER METER FITTINGS AND WATER LINE ACCESSORIES FOR USE IN THE WATER DISTRIBUTION SYSTEM; AUTHORIZING THE EXECUTION OF CONTRACTS WITH THE AWARDEES; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Purchasing and Contract Administration Division issued an Invitation to Bid for Water Meter Fittings and Water Line Accessories, ITB #2018-19112 (the "ITB"), with the City acting as the lead agency on behalf of the Southeast Florida Governmental Purchasing Group; and WHEREAS, the ITB was advertised in the legal notices section of the Sun -Sentinel on June 2, 2019, and the notice was also sent to seventy-two prospective Offerors via the e- Procurement Marketplace; and WHEREAS, twelve (12) vendors viewed the ITB documents; and WHEREAS, on February 4, 2019 at 2:00 p.m. EST, the Purchasing and Contract Administration Division (the "Division") closed and unsealed five (5) responses which were reviewed by the Purchasing and Contract Administration Division to ensure the responses met the ITB requirements; and WHEREAS, the bid submittals were reviewed by both the Division and Environmental Services Department, and the recommendations for award are made to each bidder with the greatest overall percentage discount on the catalog price for each individual product required in the Bid; and WHEREAS, the Division recommends that the City Commission approve awards of the ITB to the Awardees and authorize execution of contracts with the Awardees for the ITB. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, AS FOLLOWS: Section 1. The above referenced "Whereas" clauses are true and correct and made a part hereof. Section 2. The City Commission hereby approves the award of ITB #2018-19112 for Water Meter Fittings and Water Line Accessories to the Awardees. 1 Page 745 of 768 Agendaj'h"g024 Section 3. The City Manager is hereby authorized to execute 3-year contracts with the Awardees consistent with the terms and conditions of the ITB and in amounts not to exceed the total applicable budget allocations for each applicable fiscal year, together with such non - substantial changes that are acceptable to the City Manager and approved as to form and legal sufficiency by the City Attorney. Section 4, The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 5• This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED THIS 5TH DAY OF MARCH, 2019. CITY OF DEERFIELD BEACH BILL GANZ, MAYOR ATTEST: 8 i4 'HA I-LYARD, CMC, CITY CLERK. Page 746 of 768 Agenda Item #18. City of Deerfield Beach Water Meter Fittings and Water Line Accessories„ ITB #2018-19112 THIS CONTRACT is entered into by and between the CITY OF DEERFIEL❑ BEACH (CITY), a municipal corporation and Fortiline, Inc, (CONTRACTOR), as follows W ITNESSETH: WHEREAS, pursuant to ITB #2018-19112 (the ITB) the CITY accepted competitive bids for Water Meter Fittings and Water Line Accessories (the Products); and WHEREAS, the product is delineated in the ITS; and WHEREAS, this Contract represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative Group; and WHEREAS, this Contract, the ITB and the CONTRACTOR's Submittal constitute the entire Contract and describe the product to be provided; and WHEREAS, after evaluation of price and other evaluation criteria specified in the ITB the CITY has determined that the CONTRACTOR has the necessary resources, experience and ability to perform the contract at a competitive price; and WHEREAS, the CITY has awarded the contract to CONTRACTOR for the Product on March 5, 2019, Resolution No 20 1 NOW THEREFORE, be it agreed by and between the parties as follows: UU4IrolIaI INTRODUCTION AND SCOPE OF PRODUCTS 1.1 The above referenced Whereas clauses are true and correct and made a part hereof. 1.2 This Contract, the ITB, together with the response to the ITB of CONTRACTOR, Exhibit "A" shall constitute the entire Contract, except to the extent specifically modified on Attachment "A" Additional Terms and Conditions. The parties agree that the Detailed Specifications are a description of CONTRACTOR's obligations and responsibilities and is deemed to include preliminary considerations and prerequisites, and all labor, materials, equipment, and tasks which are such an inseparable part of the work described that exclusion would render performance by CONTRACTOR impractical, illogical, or unconscionable. 1.3 Except as specifically modified herein, CONTRACTOR shall be bound by the terms and conditions and prices as set forth in the ITB and the CONTRACTOR'S Response to the ITB. When the terms and conditions of this Contract may be read as consistent with the ITB, then and in that respect, the terms of both the ITB and this Contract shall be read as being consistent and shall be binding on both parties. Where terms and conditions of this Contract contradict anything as set forth in the ITB or the response to the ITB, then the terms and conditions of this Contract shall be binding and in full force and effect to the extent of any inconsistency. Page 747 of 768 Agenda Item #18. 1.4 This is a non-exclusive contract. The CITY may, in its sole and absolute discretion, utilize other parties to provide any of the products or services listed in the ITB, or any aspect of the Products if the CITY deems it to be in the best interest of the CITY. 1.5 CONTRACTOR acknowledges and agrees that the Contract Administrator has no authority to make changes that would modify the Products to be provided under this Contract. ARTICLE 2 TERM AND TIME OF PERFORMANCE 2,1 The initial contract term shall be three (3) years beginning on 3/6/2019 and ending 3/512022. The City reserves the right to renew the Contract for three (3) additional one (1) year periods providing all terms, conditions, and scope of services remain the same, both parties agree to the renewal, and such renewal is approved by the City Manager as set forth in the ITI3. The City Manager shall execute any renewal contract. 2.2 In the event services are scheduled to end because of the expiration of the contract, the Contractor shall continue the service upon the request of the City Manager or designee. The extension period shall not extend for more than ninety (90) days beyond the expiration date of the existing contract. The CONTRACTOR shall be compensated for the service at the rate in effect when this extension clause is invoked by the City. 2.3 Time shall be deemed to be of the essence in performing the duties, obligations and responsibilities required by this Contract. ARTICLE 3 :Ii1Tl»2WREA111111Ls]i 3,1 The CITY shall compensate the CONTRACTOR for services provided by the CONTRACTOR, CITY agrees to pay CONTRACTOR, in the manner specified in the ITB, the amounts set forth in CONTRACTOR's Response for work actually performed and completed pursuant to this Contract, which amount shall be accepted by CONTRACTOR as full compensation for all such work. It is acknowledged and agreed by CONTRACTOR that this amount is the maximum payable and constitutes a limitation upon CITY's obligation to compensate CONTRACTOR for its services related to this Contract. This amount, however, does not constitute a limitation, of any sort, upon CONTRACTOR's obligation to perform all items of work required by or which can be reasonably inferred from the Scope of Services. No amount shall be paid to CONTRACTOR to reimburse its expenses. 3.2 The CONTRACTOR and the CITY shall abide by the Local Government Prompt Payment Act, FL SS. 218.70-218.80, 9 Page 748 of 768 Agenda Item #18. ARTICLE 4 TERMINATION OR SUSPENSION 4.1 This Contract may be terminated for convenience by the CITY. Termination for convenience by the CITY shall be effective on the termination date stated in written notice provided by CITY, which termination date shall be not less than thirty (30) days after the date of such written notice. This Contract may also be terminated by the City Manager upon such notice as the City Manager deems appropriate under the circumstances in the event the City Manager determines that termination is necessary to protect the public health or safety. The parties agree that if CITY erroneously, improperly or unjustifiably terminates for cause, such termination shall be deemed a termination for convenience, which shall be effective thirty (30) days after such notice of termination for cause is provided. 4.2 This Contract may be terminated for cause for reasons including, but not limited to, CONTRACTOR's repeated (whether negligent or intentional) submission for payment of false or incorrect bills or invoices, failure to suitably perform the work; or failure to continuously perform the work in a manner calculated to meet or accomplish the objectives as set forth in this Contract. 4.3 Notice of termination shall be provided in accordance with the "NOTICES" section of this Contract except that notice of termination by the City Manager, which the City Manager deems necessary to protect the public health, safety, or welfare may be verbal notice that shall be promptly confirmed in writing in accordance with the "NOTICES" section of this Contract. 4.4 In the event this Contract is terminated for convenience, CONTRACTOR shall be paid for any services properly performed under the Contract through the termination date specified in the written notice of termination. CONTRACTOR acknowledges and agrees that it has received good, valuable and sufficient consideration from CITY, the receipt and adequacy of which are, hereby acknowledged by CONTRACTOR, for CITY's right to terminate this Contract for convenience. 4.5 In the event this Contract is terminated for any reason, any amounts due CONTRACTOR shall be withheld by CITY until all documents are provided to CITY pursuant to Section 6.1 of Article 6. 4.6 Should at any time during the term of this contract, including any option terms, the CONTRACTOR is in violation of any of the terms and conditions of this contract, the City shall have the right to suspend the CONTRACTOR until the violation is resolved to the satisfaction of the City. If the violation is not promptly resolved or is of such serious nature that the City determines that suspension is not adequate, the City reserves the right to terminate for cause. 4.6.1 In the event a CONTRACTOR is terminated, the City may assign the contract to another CONTRACTOR, or seek a new CONTRACTOR, until the contract is re -let, or until the end of the contract term then in effect, at its sole option and shall reserve all legal remedies for damages and other relief. ARTH-1 F 5 EEO AND ADA COMPLIANCE 5.1 CONTRACTOR shall not unlawfully discriminate on the basis of race, color, national origin, sex, religion, age, political affiliation or disability in the performance of this Contract, the solicitation for Page 749 of 768 Agenda Item #18. or purchase of goods or services relating to this Contract, or in subcontracting work in the performance of this Contract. CONTRACTOR shall include the foregoing or similar language in its contracts with any subcontractors or subconsultants, except that any project assisted by the U.S. Department of Transportation funds shall comply with the non-discrimination requirements in 49 C.F.R. Parts 23 and 26, as amended. Failure to comply with the foregoing requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as CITY deems appropriate. 52 CONTRACTOR shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Contract. CONTRACTOR shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by CITY, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, CONTRACTOR shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. ARTICLE 6 MISCELLANEOUS 6A RIGHTS IN DOCUMENTS AND WORK Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Contract are and shall remain the property of CITY; and, if a copyright is claimed, CONTRACTOR grants to CITY a non-exclusive license to use the copyrighted item(s) indefinitely, to prepare derivative works, and to make and distribute copies to the public, In the event of termination of this Contract, any reports, photographs, surveys, and other data and documents prepared by CONTRACTOR, whether finished or unfinished, shall become the property of CITY and shall be delivered by CONTRACTOR to the Contract Administrator within seven (7) days of termination of this Contract by either party. Any compensation due to CONTRACTOR shall be withheld until all documents are received as provided herein. 6.2 AUDIT RIGHT AND RETENTION OF RECORDS CITY shall have the right to audit the books, records, and accounts of CONTRACTOR and its subcontractors that are related to this Project. CONTRACTOR and its subcontractors shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Project. All books, records, and accounts of CONTRACTOR and its subcontractors shall be kept in written form, or in a form capable of conversion into written form within a reasonable time, and upon request to do so, CONTRACTOR or its subcontractor, as applicable, shall make same available at no cost to CITY in written form. CONTRACTOR and its subcontractors shall preserve and make available, at reasonable times for examination and audit by CITY, all financial records, supporting documents, statistical records, and any other documents pertinent to this Contract for the required retention period of the Florida Public Records Act, Chapter 119, Florida Statutes, as may be amended from time to time, if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Contract. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida Public Records Act is determined by CITY to be applicable to CONTRACTOR's and its subcontractors' records, CONTRACTOR and its subcontractors shall comply with all requirements thereof; 4 Page 750 of 768 Agenda Item #18. however, no confidentiality or non -disclosure requirement of either federal or state law shall be violated by CONTRACTOR or its subcontractors. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for CITY"s disallowance and recovery of any payment upon such entry. CONTRACTOR shall, by written contract, require its subcontractors to agree to the requirements and obligations of this Section 6.2. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (954-480-4215, EB.CLERKa)DEERFIELD-BEACH.COM, CITY OF DEERFIELD BEACH, CITY CLERK'S OFFICE, 150 NE 2ND AVENUE, DEERFIELD BEACH, FL 33441). 6.3 COMPLAINTS AND DISPUTES: All complaints concerning misconduct on the part of the Contractor or disputes between City staff and the Contractor are referred to the City Manager or his designee, who shall conduct investigations and inquiries, including discussions with the Contractor and involved staff. The determinations of the City Manager or designee shall be binding upon the parties, and failure of the CONTRACTOR to follow any such determination could be considered a material breach and subject the CONTRACTOR to termination for cause. The CONTRACTOR agrees that any complaints received by the City concerning misconduct on the part of the CONTRACTOR, such as excessive charges, poor business practices etc., will be referred to the Office of the City Manager for appropriate action. The CONTRACTOR agrees to make any complaints concerning the City of Deerfield Beach available to the Office of the City Manager for action as required. 6A THIRD PARTY BENEFICIARIES Neither CONTRACTOR nor CITY intends to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a right or claim against either of them based upon this Contract. 6.5 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 sent by commercial express carrier with acknowledgement of delivery, 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. Forthe present, the parties designate the following: Page 751 of 768 Agenda Item #18. Burgess Hanson, City Manager City of Deerfield Beach 150 NE 2nd Avenue Deerfield Beach, FL 33441 FOR CONTRACTOR: Fortiline, Inc. Attn: Sheri Smith 7025 Northwinds Drive, NW Concord, INC 28147 704-788-9859 6.6 MATERIALITY AND WAIVER OF BREACH CITY and CONTRACTOR agree that each requirement, duty, and obligation set forth herein was bargained for at arms -length and is agreed to by the parties in exchange for quid pro quo, that each is substantial and important to the formation of this Contract and that each is, therefore, a material term hereof. CITY's failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. 6.7 SEVERANCE In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless CITY or CONTRACTOR elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 6,8 JOINT PREPARATION Each party and its counsel have participated fully in the review and revision of this Contract and acknowledge that the preparation of this Contract has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party. 6.9 WAIVER OF JURY TRIAL By entering into this contract, CONTRACTOR, and CITY hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to this contract. 6.10 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 Contract and executed by the Board and CONTRACTOR or others delegated authority to or otherwise authorized to execute same on their behalf. 6.11 PRIOR CONTRACTS This document represents the final and complete understanding of the parties and incorporates or A Page 752 of 768 Agenda Item #18. supersedes all prior negotiations, correspondence, conversations, Contracts, and understandings applicable to the matters contained herein. The parties agree that there is no commitment, Contract, or understanding concerning the subject matter of this Contract that is not contained in this written document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representation or Contract, whether oral or written. 6.12 REPRESENTATION OF AUTHORITY Each individual executing this Contract on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Contract, duly authorized by all necessary and appropriate action to execute this Contract on behalf of such party and does so with full legal authority. 6.13 MULTIPLE ORIGINALS Multiple copies of this Contract may be executed by all parties, each of which, bearing original signatures, shall have the force and effect of an original document. IN WITNESS WHEREOF the parties have caused these presents to be executed. CITY OF DEERFIET�C't�C�� By: BURG S al N, CITY MANAGER Date: ATTEST: 44 TH G I LLY D, CIVIC, CITY CLERK APP OILED AS F M: t "'�g } REIN S. MAUROD , ITY ATTORNEY CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE CORPORATION OR NONCORPORATION FORMAT, AS APPLICABLE. 7 Page 753 of 768 Agenda Item #18. [If incorporated sign below.) ATTEST: cretary) (Corporate Seal \C►'_ -I IrlC col ve[ e'te seNk- 19"b h [if not incorporated sign below.] WITNESSES: CONTRACTOR Fortiline, Inc. (Name of Corporation) Z By (Signatu (Type NamefTitle Signed Above) day of 2Q CONTRACTOR (Name) By (Signature) (Type Name Signed Above) day of , 20_,,,,, CITY REQUIRES TWO (2) FULLY -EXECUTED CONTRACTS, FOR DISTRIBUTION 0 Page 754 of 768 DocuSign Envelope ID: 84C85290-28AB-44B4-A7D3-11AC5139F41332 Agenda Item #18. CONTRACT RENEWAL THIS CONTRACT RENEWAL is entered into by and between the CITY OF DEERFIELD BEACH (CITY), a municipal corporation and FORTILINE INC. (CONTRACTOR), as follows WITNESSETH: WHEREAS, the CITY and CONTRACTOR entered into an agreement for Water Meter Fittings and Water Line Accessories (the Products) pursuant to ITB #2018-19/12; and WHEREAS, the initial CONTRACT term is three (3) years, beginning March 6, 2019 and expiring March 5, 2022; and WHEREAS, the terms and conditions of the CONTRACT provide three (3) additional one (1) year renewal options; and WHEREAS, the CITY is exercising the right to extend the contract for the second (2nd) of the three (3) renewal periods; and WHEREAS, renewal of the CONTRACT is in the best interest of the City; NOW THEREFORE, be it agreed by and between the parties as follows: Section 1. The above referenced Whereas clauses are true and correct and made a part hereof. Section 2. The contract renewal term shall begin on March 6, 2023 and will expire on March 5, 2024. (One (1) one (1) year renewal option remains) unless otherwise terminated pursuant to the terms of the original CONTRACT. Section 3. All terms, conditions, and specifications of the original CONTRACT shall remain the same. IN WITNESS WHEREOF the parties have caused these presents to be executed. Witnesses: CITY OF DEERFIELD BEACH na na ATTEST: LocuSigned by: ,a{I,�,v9�t.aa�,jav �Gaazo�Gnn nn HEATHER MONTEMAYOR, CMC, CITY CLERK APPROVED AS TO FORM: Do'c/IuSi--gned by: 11 Qt Ol S6r66 ANTHONY SOROKA, CITY ATTORNEY 5CFonDocuSigned by: nPAnrRv Ava sBy.499 DAVID SANTUCCI, CITY MANAGER Date: Page 755 of 768 DocuSign Envelope ID: 84C85290-28AB-44B4-A7D3-11AC5B9F4B32 Agenda Item #18. CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. ATTEST: (Witness) na (Corporate Seal, if applicable) CONTRACTOR FORTILINE WATERWORKS (Name of Corporation) DocuSigned by: By (Signature) David Guthart BRANCH MANAGER (Type Name/Title Signed Above) Date: 3/2/2023 2 Page 756 of 768 V1 ATERU (:)RKS Agenda Item #18. a MORSCO grand EXHIBIT B 6759 WHITE DRIVE* RIVIERA BEACH, FL 33407 . TELEPHONE 581-m-sw * FAX 561-253-9887 September 8, 2022 Via Entail: dtinoco to uesta.or David Tinoco Superintendent Water Distribution & Stormwater 345 Tequesta Drive Tequesta, FL 33469 Re: Authorization to Piggybalek The City of Deerfield Beach Contract: ITH#2018-19112 - Water Meter Fittings and Water fine Accessories Dear Mr. Tinocoa The Village of Tequesta has authorization from Fortiline Waterworks, Inc. d/bla Fortiline Waterworks to Piggyback off of the above referenced 'City of Deerfield Beach contract as to all materials. This authorization is valid for the duration of said contract. e would also like to confirm that you received the July 6, 2022 email from Jeff Hobbs indicating that that there are several manufactures that are not holding pricingfinultipliers therefore they are not participating in the coop any longer. The list is as follows: * FBAA • DFW • HY MAX • 7.URN + JCM Should you have any questions, please do not hesitate to contact us. Sincerely, Trey Peterson Regional 'Vice President cc: Jeff Hobbs, Municipal Sales Representative KNOWLEDGE o EXPERIENCE e SERVICE FOR ADDITIONAL LOCATIONS AND INFORMATION, VISIT US ON THE WEB AT tiM1 WW.FORT'ILINE.COM Page 757 of 768