HomeMy WebLinkAboutAgreement_Water Service_11/14/2024_Ferguson, LLC VILLAGE OF TEQUESTA I"AMENDMENT TO THE AGREEMENT FOR WATER
ACCESSORIES,WITH FERGUSON ENTERPRISES, LLC.
THIS FIRST AMENDMENT,made and entered into this Iday of IV J ,2024,
effective immediately, by and between the Village of Tequesta, Florida, a municipal corporation
organized and existing in accordance with the laws of the State of Florida with offices located at
345 Tequesta Drive, Tequesta, Florida 33469, hereinafter referred to as the
"Village", and Ferguson Enterprises, LLC a Florida Corporation, with principal offices located at
1950 NW 10 ST,Pompano Beach,FL 33069 hereinafter referred to as the "Contractor" (and
collectively the "Parties"),both of whom agree that the current Agreement for Water Accessories
(hereinafter the "Agreement"), made and entered into by the Village and the Contractor on the
13t'day of April 2023 is hereby amended in the following manner:
SECTION 1. The original agreement attached hereto as Exhibit A is hereby extended and shall
now expire on March 5`h, 2025.
SECTION 2. All Articles and paragraphs of the Agreement which are not specifically mentioned
in this Amendment remain in full force and effect.
WHEREFORE, the parties have set their authorized signatures on the dates set forth next to
each.
ATTEST: VILLAGE OF TEQUESTA
BY: BY:
Printed Name: Molly Young
Title: Mayor _
Date:
ATTEST: FERGUSON ENTERPRISES, LLC
BY:yltll BY: /w—
Printed Name: Rob Pinkston
Title: Area Sales Manager
Date: 1 0/28/2024 -__._____.�_...
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EXHIBIT A
VILLAGE OF TEQUESTA
AGREEMENT FOR
THIS AGREEMENT FOR WATER ACCESSORIES is entered into and effective
this 13 day of April, 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 FERGUSON ENTERPRISES, LLC a Florida corporation, with offices located at
1950 NW 18'h ST, Pompano Beach, FL 33069, 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 water accessories as needed by the Village.The Parties agree
to enter into this Agreement and piggyback for water accessories at the unit prices described in the
City of Deerfield Beach Agreement for Water Meter Fittings and Water Line Accessories awarded
through 1TB #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".
2. COMPENSATION: In consideration for the above Scope of Services, pricing
shall be pursuant to the unit prices provided in Exhibit "A". The Parties hereby agree to the
Village's purchase of supplies and/or services in greater or lesser amounts than estimated in the
City of Deerfield Beach Agreement for Water Meter Fittings and Water Line Accessories, as
referenced by the proposal in Exhibit"A". In consideration for the above Scope of Services and
pursuant to any Exhibits, if applicable, the Village shall pay the Contractor at the unit prices
described in Exhibit"A".The goods or services shall be delivered on a per-order basis in a time,
manner,and location acceptable to the Village the"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 Seller must notify
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the Village in writing detailing the conditions that have changed and requesting a change order to
the contract within 30 days prior to the 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
Agreement for Water Meter Fittings and Water Line Accessories,the original contract term expired
on March 5`h, 2022, with three additional one-year renewal options. And whereas The City of
Deerfield Beach has renewed the contract which is now set to expire on 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 Ferguson Enterprises, LLC
345 Tequesta Drive 1950 NW 18th Street
Tequesta, FL 33469-0273 Pompano Beach, FL 33069
Attn: Utilities Department Attn: Matt Gracie, Sales Representative
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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 agree 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
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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 sub-consultants an affidavit
stating that the sub-consultant 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 sub-consultant 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 sub-consultant
and the Contractor shall immediately terminate its contract with the sub-consultant. 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
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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(i�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, agreed to by both parties, and attached hereto
as an addendum to this Agreement. In the event of a conflict between this and any other document,
this document shall prevail.
22. AUTHORITY TO OBLIGATE: Each person signing this agreement on behalf
of either Party warrants that he or she has the full legal power to execute this agreement on behalf
of the Party for whom he or she is signing and bind and obligate such party with respect to all
provisions contained in this agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date and year first above written.
WITNESSES: FERGUSON ENTERPRISES, LLC
By: Matt Gracie, Sales Representative
Signature:
(Corporate Seal)
VILLAGE OF TEQUESTA
By: Molly Young,M r
ATTEST:
MNj ea
AL a=
Lori McWilliams, MMC ►Nu DRPDRArED:'
Village ClerkF4
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EXHIBIT A
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 Imitation
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 42018-19;12 for
Water Meter Fittings and Water Line Accessories to the Awardees.
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Resolution 2019A24
Section 3. The City Manager is hereby authorized to execute 3-year contracts with
the Awardees consistent with the terns 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 S. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED THIS 5TH DAY OF MARCH. 2019.
CITY OF DEERFIELD BEACH
BILL GAiVZ. MAYOR
ATTEST:
d
LYARD,CMC.CITY CLERK
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City of Deerfield Beach
Water Meter Fittings and Water Line Accessories, ITB##2018-19/12
THIS CONTRACT is entered into by and between the CITY OF DEERFIELD BEACH (CITY), a
municipal corporation and Ferguson Waterworks, (CONTRACTOR),as follows
WITNESSETH:
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 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 201I/OZw
NOW THEREFORE,be it agreed by and between the parties as follows:
ARTICLE I
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 Terris 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. i
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.
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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 3/5/2022. 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 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
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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 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.
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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.
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 in the performance of this Contract, the solicitation for
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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:onsimilar 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 Contractor 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 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
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: 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 pertinentto 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
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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 THECONTRACTOR.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.CLERKeDEERFIELD-B EACH.COM, CITY OF DEERFIELD BEACH,
CITY CLERK'S OFFICE, 150 NE 2"D 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.
I' 6.5 NOTICES
i
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:
I
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FOR CITY:
Burgess Hanson, City Manager '
City of Deerfield Beach
150 NE 2nd Avenue
Deerfield Beach, FL 33441
FOR CONTRACTOR:
Ferguson Waterworks
Attn: Drew Petonick
1950 NW 18 Street
Pompano Beach, FL 33069
954-973-8100
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.
I 6.10 AMENDMENTS
j 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
6
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.
Witnes CITY OF DEERFIELD BE CH
By Q!2k
BURGEEUHANSON, CITY MANAGER
Date:
ATTEST.
A GIL YARD, CIVIC, CITY CLERK
APPR ASRM:
(-�_ANDREW S. MAURODI , CITY ATTORNEY
CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE CORPORATION
OR NONCORPORATION FORMAT, AS APPLICABLE.
7
(If incorporated sign below.)
CONTRACTOR
ATTEST: �'y kf m
(Name of Corporation)
By
(Secretary) (S`ignature) Q
(Cor (Type Name/Title
Signed Above)
1-�—day of `�►x. � 20_ft
[If not incorporated sign below.]
CONTRACTOR
WITNESSES:
(Name)
By
(Signature)
(Type Name Signed Above)
day of 20__
CITY REQUIRES TWO (2) FULLY-EXECUTED CONTRACTS, FOR DISTRIBUTION
8
City of Deerfield Beach
Water Meter Fittings and Water Line Accessories
ITB #2018-19/12
Product Groups Ferguson Enterprises
Group#1 —Adapters Ford 49.8%
Brooks Oldcastle 25%
Group#2 - Meter Boxes Carson 18%
CDR 52%
Ford 40%
Group#3— Clamps Romac 62%
Smith Blair 60%
Krausz 41%
Group#4- Connectors, Hose
Group#5 -Corporation Stops Ford 49.8%
Ford 49.8%
BMI 69%
Trenton Pipe 69%
Tyler Union 15%
Sigma 60%
Group #6 -Couplings Merit Brass 69%
Brooks Oldcastle 25%
Tyler Union 60%
Star Pipe 60%
Krausz 41%
Group#7 - Curb Stops Ford 49.8%
BM 1 69%
Tyler Union PL2019D 15%
Group#8 - Elbows Tyler Union PL2019ND& P401 60%
Sigma 60%
Star Pipe 60%
Group#9 - Flanges Buy Wholesale List+20%
Group#10 - Hose Bibs
Group #11 - Idler Pipes
Group#12 - Insert Stiffeners Ford 49.8%
City of Deerfield Beach
Water Meter Fittings and Water Line Accessories
ITB #2018-19/12
Group #13 - Meter Stops Ford 49.8%
BMI 96.2%
Group#14 - Nipples, Brass Trenton Pipe 95%
Merit Brass 96.2%
Group#15 - Pieces, Branch Ford 49.8%
BMI 69%
Group#16 - Plugs, Standard Brass Trenton Pipe 69%
Merit Brass 69%
Group#17 - Poly-Adapters x
Ford 49.8%
Compression Brass
BMI 69%
Group#18 - Reducer Bushings Trenton Pipe 69%
Merit Brass 69%
Group#19 - Meter Resetters Ford 49.8%
Ford 44%
Group #20 - Service Saddles Romac 62%
Smith Blair 60%
BMI 69%
Tyler Union 15%
Sigma 60%
Group#21 -Tees Trenton Pipe 69%
Merit Brass 69%
Tyler Union LP2019-ND & P401 60%
Star Pipe 60%
Group#22 -Tubing ENDOT List+ 12%
Group#23 - U-Branches Ford 49.8%
Ford 49.8%
GA Valves List+10%
Group#24 -Valves American Flow CheckValves 44%
American Flow Gate Valves 529,8
Kenny Valve 535/6
N I BCO 60%
Group#25 -Washers Ford 49.8%
Buy Wholesale List+ 20%
City of Deerfield Beach
Water Meter Fittings and Water Line Accessories
ITB #2018-19/12
Group#26 -Yokes Ford 49.8%
Tyler Union LP2013 DR 15%
Group#27 - Megalugs EBAA 59%
Sigma 60%
Group#28 - Grip Rings 4"-12" Tyler Union LP2018-2-NR 60%
Star Pipe 60%
Tyler Union LP2019 15%
Sigma 60%
Group#29 - Ductile Tyler Union LP2019-ND & P401 60%
Star Pipe 60%
American Cast Iron List+ 10%
Group#30 Backflow Preventers and Watts 46%Pressure Valves Zurn Wilkins 46%
FEBCO 40%
Group#31 Lead Free Brass Caps B M 169%Trenton Pipe 69%
i
Value-Added Items
i
Ford
Tapping sleeves 38%
Domestic UFR1400/1500 restriants 40%
Import UFR1400/1500 restraints 40%
Mueller
Water meters 10%
EBAA
Megaflanges 59%
Bell restraints 59%
Kupferle 10%
Fernco
Inv Code 1 70%
Inv Code 2 70%
Inv Code 3 15%
Inv Code K 60%
Inv Code 4E 15%
Zurn Wilkins Parts 38%
Max Adaptors 15%
City of Deerfield Beach
Water Meter Fittings and Water Line Accessories
ITB #2018-19/12
GA Valves
Butterfly valves List + 10%
Air release valves List + 10%
Plug Valves List + 10%
Romac Stainless Steel Service Saddles
58%
Romac Entire Alpha and Macro Catalog
Page 40%
Merit Brass domestic fittings 82%
Pollard Water Entire Catalog Excluding
Metrotech and Mueller Products 2%
Charlotte PVC Pipe List + 20%
Sigma External Pipe Restraints
60%
American Flow Control Fire Hydrants
42%
Trenton Pipe Domestic Fittings 83%
Carson EBAA lids 18%
H-Tec Air release valves 10%
Parts 10%
Smith Blair
Bell joint leak clamps 32%
Series 245 redi clamps 59%
320 Service saddles 34%
Spears
SCH40 fittings thru 8" 65%
SCH80 fittings thru 8" 65%
SCH80 Nipples 48%
American Valve
4000 Series 33%
3700 Series 33%
CDR meter box lids 52%
Kenny Valve
PVC ball valves 60%
PVC butterfly valves 60%
PVC check valves 60%
Replacement parts 60%
City of Deerfield Beach
Water Meter Fittings and Water Line Accessories
ITB #2018-19/12
Bingham &Taylor
Cast iron material 25%
accessories 20%
Diamon Pipe
PVC pipe block 140 + 10%
Krausz
other items not listed 41%
NIBCO
Glove valves 60%
Angle Valves 60%
Star Pipe
external bell restraints 60%
OFERGUSON
�
WATERWORKS
I
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December 3, 2019
Village of Tequesta
345 Tequesta Drive
Tequesta,FL 33469
Attn: Matthew Hammond, PE
Subj: Deerfield Annual Contract
Dear Matthew,
This letter is to serve as authorization for the Village of Tequesta to "piggyback"the Deerfield Beach .
Annual contract(DBAC ITB 2018-19/12)pricing when requesting quotes and/or ordering materials.
Should you have any questions or need assistance, please feel free to contact your sales associate, Drew
Petonick,via cell at 561-718-1037 or email at Drew.Petonick@ferguson.com or myself.
Thank you for your patronage!
Sincer , ,
FERGUS N l AT WORKS
Kim Hor
Branch a er
Kim.Horn@ferguson.com
KAH/nk
1950 NW 18 Street, Pompano Beach, FL 33069
Ph (954)973-8100 Fax(954)917-3134
DocuSign Envelope ID:E8E8A191-3090-44C0-8FDE-27B1543B0098
CONTRACT RENEWAL
THIS CONTRACT RENEWAL is entered into by and between the CITY OF DEERFIELD BEACH
(CITY), a municipal corporation and FERGUSON WATERWORKS. (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") 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
y EDocuSigned by:
vernonnannusaig
DAVID SANTUCCI. CITY MANAGER
Date: 2/16/2023
ATTEST:
F DocuSigned
by:
,af{tit.V' �t.bau�OV'
HEATHER MONTEMAYOR, CMC, CITY CLERK
APPROVED AS TO FORM:
, —Do'/I
cuSi--gned by
Q�o SDVkx
eFs0.„e+3�B 9Adfii
ANTHONY SOROKA, CITY ATTORNEY
1
DocuSign Envelope ID: 1F6140F3-738E-4BCB-952E-5984D22ECA64
CONTRACT RENEWAL
THIS CONTRACT RENEWAL is entered into by and between the CITY OF DEERFIELD BEACH
(CITY), a municipal corporation and FERGUSON WATERWORKS. (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 (the "CONTRACT"); 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 third (3rd) 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, 2024 and will expire on March 5, 2025,
(There are no more renewals) 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
DocuSignedd by,
�y
By: BE .,QCB45419...
DAVID SANTUCCI, CITY MANAGER
2/23/2024
Date:
ATTEST:
EDocuSlpned by:
N�t,A. r At Kh"6r
5F79FRRaA1FO4nn
HEATHER MONTEMAYOR, CMC, CITY CLERK
APPROVED AS TO FORM:
FDocuSigned by:
A� Sw66
ANTHONY SOROKA, CITY ATTORNEY
1
DocuSign Envelope ID:E8E8A191-3090-44C0-8FDE-27B1543B0098
CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW.
CONTRACTOR
ATTEST: Ferguson Enterprises PLC
(Name of Corporation)
�µD/oc�uSigned by:
I'�N11
na By
(Witness) (Signs ure)
na Matt Gracie Matt Gracie/ sales
(Corporate Seal, if applicable) (Type Name/Title Signed Above)
Date: 2/16/2023
CITY REQUIRES TWO (2) FULLY-EXECUTED CONTRACTS, FOR DISTRIBUTION
2
DocuSign Envelope ID: lF6140F3-738B-4BCB-952E-5984D22ECA64
CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW.
CONTRACTOR
ATTEST: Ferguson waterworks
(Name of Corporation)
DocuSigned by:
n a By14798FF12B20940B...
(Witness) (Signature)
Rob Pinkston Area sales Manager
na
(Corporate Seal, if applicable) (Type Name/Title Signed Above)
2/22/2024
Date:
CITY REQUIRES TWO (2) FULLY-EXECUTED CONTRACTS, FOR DISTRIBUTION
2