HomeMy WebLinkAboutAgreement_General_6/8/2023_Fortline, Inc.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 _So day of , 2023, by and between
the VILLAGE OF T E Q U E S TA, 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
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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
51h, 2022. The City of Deerfield Beach renewed the contract through Renewal #1 to the contract,
extending the term until March 5`h, 2023. On March 2nd, 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
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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 2-421-2432 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
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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 $1M, 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
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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
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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) 768-06859 OR AT
lmcwilliams��teguesta.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
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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, including any Exhibits,
constitutes the entire agreement between the parties; no modification shall be made to this
Agreement unless such modification is in writing, agrccd to by both parties, and attached hereto
as an addendum to this Agreement,
[REMAINDER OF THIS 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.
By: r - r •t
(Corporate Scal)
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VILLAGE OF TEQUESTA
By: Alofly W64;,Iiayor
ATTEST:
SEAL
Lori McWilliams, MMC = INCORPORATED
Village Clerk
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EXHIBIT A
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@myboca.us for placement on the NIGP SEFL website Cooperative contract page.
PAGE 1 OF 2
BID/RFP No. ITB #2018-19/12
DPsrriotion/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
Renewal No.
Renewal No.
Renewal No.
(No. of Renewals)
Start Date:
Start Date:
Start Date:
SECTION #1 VENDOR AWARD
vandnr Name. Core & Main LP
(Period of Time)
End Date:
End Date:
End Date:
Vendor Address: 4310 NW 10th Avenue, Oakland Park, FL 33309
Cnntacr. 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
Cell/Pager:
Website:
Fax:
Email Address: Jkuehne@empirepipe.com
FEIN: 20-5330433
PAGE 2OF2
VENDOR AWARD
Vendor Name: Ferguson Waterworks
VPndnraddre55. 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.
VPndnr address: 7025 Northwinds Drive NW, Concord, NC 28147
Contact: Sheri Smith
Phone: 704-788-9859 Fax: 704-788-9894
Cell/Pager: Email Address: sheri.smith@fortiline.com
Website: www.doorsystemsfl.com FEIN:57-0819190
VENDOR AWARD
Vendor Name: Lehman Pipe and Supply
VendorAddress: 3575 NW 36th Street, Miami, FL 33142
Contact: Josh Aberman
Phone: 305-576-3054 Fax:
Cell/Pager: Email Address: Josh@lehmanpipe.com
Website: FEIN: 59-0576183
SECTION #2 AWARD/BACKGROUND INFORMATION
Award Date: March 6, 2019 Resolution/Agenda Item No.:
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
954-480-4415
2019/024
Email cdmiller@deerfield-beach.com
Fax: 954-480-4388
RESOLUTION NO.2019/024
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DEERFIELD BEACH, FLORIDA, APPROVING THE AWARD OF ITB
2018-19/12 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 #2018-19/12 (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 #2018-19/12 for
Water Meter Fittings and Water Line Accessories to the Awardees.
Resolution 201024
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.
ATTEST:
CITY OF DEERFIELD BEACH
BILL GANZ, MAYOR
4P('LYAR, CMC. CITY CLERKL
2
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 DEERFIELD BEACH (CITY), a
municipal corporation and Fortiline, Inc, (CONTRACTOR), as follows
WITNESSETH:
WHEREAS, pursuant to ITB #2018-19/12 (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 ITB; 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 /_;
NOW THEREFORE, be it agreed by and between the parties as follows:
I_J 1091 1161U10z f • - • MI; ; �17�L•�
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.
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 berm 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 ITB. 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 shah be compensated for the service at the rate in effect when this extension
clause Is invoked by the City.
2.3 Time shah be deemed to be of the essence in performing the duties, obligations and responsibilities
required by this Contract.
ARTICLE 3
COMPENSATION
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 shah 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 sot, 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.
2
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 pubic 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 temps 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 terns then to effect, at its sole option and shall reserve all legal remedies for
damages and other relief.
ARTICLE 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 to the performance of this Contract, the solicitation for
3
or purchase of goods or services relating to this Contrail, 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 Contrail or such other
remedy as CITY deems appropriate.
5.2 CONTRACTOR shall not unlawfully discriminate against any person in its operations and activities
or in Its use or expenditure of fund in fulfilling its obligations under this Contract. CONTRACTOR
shall affirmatively comply with all applicable provisions of the Americans with Disabilities Ad (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
6.1 RIGHTS IN DOCUMENTS AND WORK
Any and all reports, photographs, surveys, and other data and documents provided or created in
connection with this Contrail 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 Items)
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, surreys, 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 amounts 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 docu rents, statistical records, and
any other documents pertinent to this Contract for the required retention period of the Florida Public
Records Ad, 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 amounts 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;
2
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 shah 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,
WEB.CLERKO)-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.
6.4 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. For the present, the parties designate the following:
F1
FOR CITY:
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, NC 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 efts 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 oonW4 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
L-1
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 DEERFIELD BE CH
By: an
BURG S ANS N, CITY MANAGER
Date:� �
ATTEST:
M TH GILLY D, CIVIC, CITY CLERK
AP�KOVED AS F M:
l
��Jc__kNOREW S. MAURODr-JITY ATTORNEY
CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE CORPORATION
OR NONCORPORATION FORMAT, AS APPLICABLE.
(if incorporated sign below.]
ATTEST:
i r/j s s
retary)
(Corporate seal xoc, 1nc,
<<o
CO Vu ate
5c. AV
[if not incorporated sign below.]
WITNESSES:
CONTRACTOR
Fortiline, Inc
(Name of Corporation)
By
(Signatu
(Type Nameffitle Signed Above)
day of 1,1 .20
CONTRACTOR
(Name)
By
(Signature)
(Type Name Signed Above)
day of .20
CITY REQUIRES TWO (2) FULLY -EXECUTED CONTRACTS, FOR DISTRIBUTION
8
DocuSign Envelope ID: 84C85290-28AB-44134-AM3-11AC569F4632
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 (2"d) 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:
HEATHER MONTEMAYOR, CMC, CITY CLERK
APPROVED AS TO FORM:
ANTHONY SOROKA, CITY ATTORNEY
By:
DAVID SANTUCCI, CITY MANAGER
Date:
DocuSign Envelope ID: 84C85290-28AB-44B4-A7D3-1 1 AC5B9F4B32
CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW.
ATTEST:
na
(Witness)
na
(Corporate Seal, if applicable)
CONTRACTOR
FORTILINE WATERWORKS
(Name of Corporation)
By
(Signature)
David Guthart
BRANCH MANAGER
(Type Name/Title Signed Above)
3/2/2023
Date:
WATERWORKS V4'f
a MORSCO brand
EXHIBIT B
6759 WHITE DRIVE • RIVIERA BEACH, FL 33407 • TELEPHONE 561-253-9886 . FAX 561-253-9887
September 8, 2022
Via Email: dtinocoCateQuesta.ors
David Tinoco
Superintendent
Water Distribution & Stormwater
345 Tequesta Drive
Tequesta, FL 33469
Re: Authorization to Piggyback The City of Deerfield Beach Contract:
ITB#2018-19112 - Water Meter Fittings and Water Line Accessories
Dear Mr. Tinoco:
The Village of Tequesta has authorization from Fortiline Waterworks, Inc. d/b/a 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.
We 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 pricing/multipliers therefore they are
not participating in the coop any longer. The list is as follows:
• EBAA
• DFW
• HYMAX
• 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 ra EXPERIENCE • SERVICE
FOR ADDITIONAL LOCATIONS AND INFORMATION, VISIT US ON THE WEB AT WWW.FORTILINE.COM