HomeMy WebLinkAboutDocumentation_Regular_Tab 03_10/9/2025 Agenda Item #3.
Regular Council
STAFF MEMO x
Meeting: Regular Council - Oct 09 2025
Staff Contact: Marjorie Craig, Utilities Director Department: Utilities
Consider Approval of Agreement with Ferguson US Holdings, Inc. d/b/a "Ferguson Enterprises, LLC,
to Purchase Water Meter Fittings, Water Line and Fire Hydrant Parts/Accessories, Piggybacking on
Agreement with the City of Deerfield Beach, FL
SUMMAR :
Utilities Department (UD) recommends approval of an agreement with Ferguson US Holdings,
Inc. d/b/a "Ferguson Enterprises, LLC (Ferguson), piggybacking on its agreement with the City of
Deerfield Beach, FL (Deerfield Beach), to purchase water meter fittings, water line, and fire hydrant
parts/accessories for use in the water distribution and water treatment plant piping systems for repairs
or projects. Deerfield Beach completed the agreement through a competitive selection process, ITB
#25-017.
The agreement offers discounted pricing in accordance with the established rate schedule. The
original contract between Deerfield Beach and Ferguson was executed on June 9, 2025. The initial
term of the agreement is from June 9, 2025, to June 8, 2028, with two (2) additional one (1) year
extensions after the initial term.
UD maintains an inventory of parts and materials for repairing water lines and components within the
water distribution and water treatment systems. Due to the volatility of prices and supplies, as well as
unforeseen or emergency situations, it is not possible to accurately predict the amount that will be
spent with Ferguson. However, the annual spend is typically less than $75,000, and we anticipate
that spend level will continue, all things considered.
Funds for the purchase of these and other parts from other vendors are typically allocated
annually as follows in the General Ledger (G/L) categories of the budget:
Budget Department 411 - Renewal & Replacement - Operating Expenditures/ Expense
401-411-552.601 — Meters, Valves, & Hydrants — FY25 budget = $210,000
Budget Department 243- Water Distribution Division
401-243-546.342 - Water System Maintenance — FY25 budget = $84,700
Budget Department 242 — Water Treatment Division
401-242-546.342 —Water System Maintenance — FY25 budget =$175,000
The full piggyback agreement can be viewed by contacting the Utilities Department.
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Agenda Item #3.
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completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-
768-0443.
BUDGET • •
BUDGET AMOUNT $469,700 AMOUNT AVAILABLE EXPENDITURE AMOUNT: As
$469,700 needed, historically less than
$75,000
FUNDING SOURCES: 401-411-552.601 & 401- IS THIS A PIGGYBACK:
241-546.342 & 401-242-546.342 ❑x Yes ❑ N/A
DID YOU OBTAIN 3 QUOTES?
❑x Yes ❑ N/A
QUOTE 1 - BUSINESS NAME N/A QUOTE AMOUNT N/A
QUOTE 2 - BUSINESS NAME N/A QUOTE AMOUNT N/A
QUOTE 3 - BUSINESS NAME N/A QUOTE AMOUNT N/A
COMMENTS/EXPLANATION ON SELECTION Existing piggyback will be leveraged with in-place
contract pricing
1) 25.0929.Ferguson Water Meter Accessories PB Agreement
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Agenda Item #3.
VILLAGE OF TEQUESTA
AGREEMENT FOR WATER METER FITTINGS AND WATER LINE AND
FIRE HYDRANT ACCESSORIES
THIS AGREEMENT for water is entered into and effective this 29th day of
September, 2025, 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
US Holdings, INC. d/b/a "Ferguson Enterprises, LLC", a corporation registered to do business in
the State of Florida, with principal offices located at 751 Lakefront Commons, Newport News,
VA, 23606, 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 meter fittings, water line and fire hydrant accessories
as needed by the Village. The Parties agree to enter into this Agreement and piggyback for the
water accessories at the unit prices described in the City of Deerfield Beach Agreement for Water
Meter Fittings, Water Line and Fire Hydrant Accessories awarded through ITB #25-017. 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 of 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 ITB #25-017 agreement, 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 as 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 on/or by the "Performance Date."
3. CHANGE ORDERS: Seller is aware that price and time are of the essence for any
purchase order under this contract and that prompt and timely performance of all such obligations
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Agenda Item #3.
is strictly required. If conditions change that would require an increase in price, scope, or time for
performance 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 performance date of the
purchase "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 ITB
#25-017, the original contract term will expire on June 8th, 2028. Two (2) additional one (1) year
extensions are available under this agreement. 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 US Holdings, INC. d/b/a
345 Tequesta Drive Feguson Enterprises, LLC
Attn: Marjorie Craig 751 Lakefront Commons
Tequesta, FL 33469-0273 Newport News, VA 23606
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Agenda Item #3.
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 2-4212-432 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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Agenda Item #3.
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 maybe 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(l),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 $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
$1M, 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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Agenda Item #3.
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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Agenda Item #3.
for inspection or copying, within a reasonable time may be subject to attorney's fees and costs
pursuant to Section 119.0701,Florida Statutes, and other penalties under Section 119.10,Florida
Statutes. Further, the Contractor shall ensure that any exempt or confidential records associated
with this Agreement or associated with the performance of the work described in Scope of Services
are not disclosed except as authorized by law for the duration of the Agreement term,and following
completion of the Agreement if the Contractor does not transfer the records to the Village.Finally,
upon completion of the Agreement, the Contractor shall transfer, at no cost to the Village, all
public records in possession of the Contractor, or keep and maintain public records required by the
Village. If the Contractor transfers all public records to the Village upon completion of the
Agreement, the Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the Agreement, the Contractor shall meet all
applicable requirements for retaining public records. Records that are stored electronically must
be provided to the Village,upon request from the Village's custodian of public records, in a format
that is compatible with the Village's information technology systems.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK,
RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0685, OR AT
lmewilliams(ateguesta.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.
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Agenda Item #3.
19. WAIVER: No waiver by the Village of any provision of this Agreement shall
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.
21. 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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Agenda Item #3.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date and year first above written.
WITNESSES: FERGUSON US HOLDINGS, INC. d/b/a
FERGUSON ENTERPRISES, LLC.
By: Rob Pinkston
Title: Area Sales Manager
Date: 9/18/2025
�JAW,
(Corporate Seal)
VILLAGE OF TEQUESTA
ligitllyby Jeremy Allen
Jeremy Allen Datea202 09.229 09:51:43-04'00'
By: Jeremy Allen,Village Manager
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