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HomeMy WebLinkAboutAgreement_General_08/26/2015 VILLAGE OF TEQUESTA CONTRACT FOR WATER STORAGE TANKS CLEANING THIS CONTRACT is entered into, and effective, this 7—(o day of August, 2015, by and between the VILLAGE OF TEQUESTA, FLORIDA, a 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 "Village "; and CROM ENGINEERING & CONSTRUCTION SERVICES, fNC a Florida corporation with offices located at 6801 South Archer Road, Gainesville, Florida 32608, hereinafter "Contractor ". 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 Village and the Contractor both hereby agree to enter into this Contract for Water Storage Tanks Bio- Growth Cleaning, whereby the Contractor shall clean the Village's three (3) water storage tanks in accordance with the Contactor's July 29, 2015 correspondence as modified July 30, 2015, attached hereto as Exhibit A. The Village has previously been authorized to piggyback on the Contractor's current contract with the City of West Palm Beach, Contract No. 12558, which was originally procured by the City of West Palm Beach in accordance with procedures that comply with the Village's procurement requirements. City of West Palm Beach, Contract No. 12558 is attached hereto as Exhibit B and is hereby incorporated into this Contract as if fully set forth. 2. COMPENSATION: Pursuant to Exhibits A and B, and in consideration for the above Scope of Services, the Village shall pay the Contractor a total amount not to exceed Seventeen Thousand, Six Hundred Twenty Five Dollars (517,625.00). The Village shall pay the Contractor within thirty (30) days of receipt of all final inspection reports, and an invoice documenting the amount due, in accordance with Exhibit A. 3, INSURANCE AND INDEMNIFICATION: The Contractor shall provide proof of workman's compensation insurance and liability insurance in such amounts as are specified on Exhibit B, shall name the Village as an "additional insured" on the liability portion of the Page 1 of 4 insurance policy. 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, to the extent arising out ofn e_gligc nt error, negligent omission, /j_ negligent act, negligent conduct, or misconduct of the Contractor, his /her agents, servants, or Y''^ employees in the performance of services under this Contract. 4. PUBLIC ENTITIES CRIMES ACT: As provided in Sec. 287.132 -133, Floricla Statues, by entering into this Contract or performing any work in ftu 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 Sec. 287.133(3)(a), Florida Statutes. 5. TERMINATION: NOTICE: `l his Contract may be terminated by either party upon five (5) days written notice to the other party, in accordance with Exhibit B. Notice shall be considered sufficient when sent by certified mail or hand delivered to the parties at the following addresses: Village Contractor Village of Tequesta Crom Engineering R Construction Services, }nE 7� 345 Tequesta Drive 6801 SW Archer Road Tequesta, Florida 33469 Gainesville, Florida 32608 Attn: Director of Utilities Attn: Jeffrey Malpass, President 6. 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 Contract 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, 7. ATTORNEY'S FEES: In the event a dispute arises concerning this Contract, the prevailing party shall be awarded reas onable attorney's fees, including fees on appeal as may be awarded bya Court or Arbitor on a cla under the contract. 8. CHOICE, OF LAW: VENUE: This Contract shall be governed and construed in accordance with the laws of the State of Florida, and venue shall be in Palm Beach County should Page 2 of 4 any dispute arise with regard to same. 9. AMENDMENTS AND ASSIGNMENTS: This Contract, all Exhibits attached hereto, and required insurance certificates constitute the entire Contract between both parties; no modifications shall be made to this Contract unless in writing, agreed to by both parties, and attached hereto as an addendum to this Contract. The Contractor shall not transfer or assign the performance of services called for in the Contract without prior written consent of the Village. 10. INSPECTOR GENERAL: Pursuant to Article XII of the Palm Beach County Charter, 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 of the Village in order to detect, deter, prevent and eradicate fraud, waste, mismanagement, misconduct and abuses. 11. PUBLIC RECORDS: In accordance with Sec. 119.0701, Florida Statutes, Contractor must keep and maintain this Contract and any other records associated therewith and that are associated with the performance of the work described in the Scope of Services. Upon request, Contractor must provide the public with access to such records in accordance with access and cost requirements of Chapter 119, Florida Statutes. Further, Contractor shall ensure that any exempt or confidential records associated with this Contract or associated with the performance of the work described in the Scope of Services are not disclosed except as authorized by law. Finally, Contractor shall retain the records described in this paragraph throughout the performance of the work described in the Scope of Services, and at the conclusion of said work and upon request, transfer to the Village, at no cost to the Village, all such records in the possession of Contractor and destroy any duplicates thereof. Records that are stored electronically must be transferred to the Village in a format that is compatible with the Village's information technology systems. Page 3 of 4 IN N\'ITNFSS WHEREOF, the parties hereto have executed this Contract the date and year first above w ritten. WITNESSES: CROM ENGINEERING & CONS (RUCTION- - SERVI �S Je alpass, CS President (Corporate Seal) VILLAGE OF TEQUESTA ATTEST: Michael Couzzo, Village Manager Lori McWilliams, MMC �� Town Clerk =� z '= INCORPORATED OF F� Page 4 of 4 ADDENDUM Public Records: In accordance with Sec. 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, the Contractor must provide the public with access to such records in accordance with access and cost requirements of Chapter 119, 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 the Scope of Services are not disclosed except as authorized by law. Finally, the Contractor shall retain the records described in this paragraph throughout the performance of the work described in the Scope of Services, and at the conclusion of said work, transfer to the Village, at no cost to the Village, all such records in the possession of the Contractor and destroy any duplicates thereof Records that are stored electronically must be transferred to the Village in a format that is compatible with the Village's information technology systems. Ch. 2013 -154 LAWS OF FLORIDA Ch. 2013 -154 lieu of written agreements for classes of contractual services; revising terminology; creating s. 287.136, F.S.; requiring the Chief Financial Officer to perform audits of executed contract documents and to discuss such audits with the agency officials; requiring the agency head to respond to the audit; amending s. 287.076, F.S.; providing that Project Management Professionals training for personnel involved in managing outsourcings and negotiations is subject to annual appropriations; amending ss. 16.0155, 283.33, 394.457, 402.7305, 409.9132, 427.0135, 445.024, 627.311, 627.351, 765.5155, and 893.055, F.S.; conforming cross- refer- ences; providing effective dates. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 119.0701, Florida Statutes, is created to read: 119.0701---Co pu blic_ records — �1� F or.goses. of this. section, the term Cal " C ontractor "_m e_an-s- _gn__ indi vi ual p artnership. corporation, or busiuss entity that enters to a contrac r e_r vices with. a public aaencv is acting on be half of t & pudic a¢encv �_ V 'ded u �r s� 11 , 01= ibi— "PutChc ncy"- mea a Mate. county - . district, authority. or muni- cipal officer. or depgrtm_ divis beau, commission, or other separate unit of government created or established by law. i2t I _ addition to other _c ontract re°uim rp— v ided_hy_ law, each public agr enry contract for services must include a Drovision that requires the cvAtr� t4 comp�v with ptlb� records laws„ specifical y to• Kee _.and maintain nublic that na and necessarily would be r ea uire the� ublic aFe _in ro der o perform the service LW— Provide the public with acc ess to publi r e . rd$_an the _eamg terms and co nditions tha the uR blic agency would provide the records and a , cost that does not exceed the cost pr in this chapter or as otherwise prQv�lpy aw �c ._...insure that public records that ar exemp confidential and_exema from p ublic rm x_ &__d_wIosure_ are n t 'scdosed. except as authorize by law. W)--Meet alb re-quiremgnts r retaini public cords and tra�fe at no sue, to the Rublic age= all public records in pggsessiQn of the contractor upon termination of the contr and destroy any duplicate u�bliic records that m eXCIpDt or confidea _ And exemot frp public record dsi d —oure _re men . All rre ords stored ele ctroniimLy must - Provided to the public ag in _a- &r—mat _that -is compatible with the _in = ology syr of the public agency. 2 CODING: Words strieken are deletions; words underlined are additions. Ch. 2013 -154 LAWS OF FLORIDA Ch. 2013 -154 (3) If a contractor does noL comp�_with ub�ic recor rec. uest. the public apncv shall enforce the contract prods, on acoadanro with !he c�nc� tract. - - Section 2. Section 215.971, Florida Statutes, is amended to read: 215.971 Agreements funded with federal or and state assistance. — (1) Fff An agency agreement that provides state financial assistance to a recipient or subrecipient, as those terms are defined in s. 215.97, or that provides federal financial assistance to a subrecipient, as defined by applicable United States Office of Management and Budget circulars, must include all of the followinc 1A2(-]3 A provision specifying a scope of work that clearly establishes the tasks that the recipient or subrecipient is required to performed 1122(-23 A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the agency before payment. Each deliverable must be directly related to the scope of work and must specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. Vic? A provision specifving the fi consequences that apply i f the recipient or subreci, iR ent fails to perform the minimum level of service re!quir by the agree The provision can be from the agrees ent only if financial consequences are grnhibited by the federal agency awarding the meant. Funds refun to a state agency from a recipient or subrecipient for failure to perform as requ under the agre ement may be expended only i n direct suppart of the progr from which the .agreement originated (d) A provision specifi+ng that a recipient or subrecipient of federal or state financial assistance mu emend funds on for allowable costs resulting from pbligations incurred during the specified agreement period. (e) A provision spec fdng that any balance of gnobligated funds which has been advanced or paid must be refan to the state agency. (ft A provision s ec' ng that any funds paid in excess of the amo to which the recipient or subrecipient its entitled under the terms and conditions of the agreement must be—re funded to the state agency. (g) Any additional information required pursuant to s 215.97 (2) For each aereement funded with federal or state financial assistance the state avencv �ball designate an employee to function as a gr who shall be responsible for enforcing performance of the agreement's terms and conditions and w ho shall serve as a liaiaQn with the recipient or subrecipient. 3 CODING: Words strieken are deletions; words underlined are additions.