2015-85 Osborne Park and Community Center Site FencingRESOLUTION 2015 -85
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA APPROVING A CONTRACT AWARD TO
CLASSIC FENCE CO., INC. FOR THE INSTALLATION OF PLAYGROUND,
BATTING CAGE, AND RACQUET BALL COURT FENCING AT OSBORNE PARK
AND THE COMMUNITY CENTER PURSUANT TO PRICING ESTABLISHED
IN AN EXISTING CONTRACT FOR FENCING, GATES, MAINTENANCE
SERVICES AND PARTS WITH THE SOLID WASTE AUTHORITY OF
PALM BEACH COUNTY AND AUTHORIZING THE MAYOR AND VILLAGE
CLERK TO EXECUTE THE CONTRACT ON BEHALF OF THE VILLAGE;
AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK
TO AMEND THE CAPITAL PROJECTS FUND BUDGET TO TRANSFER
$46,333.00 FROM THE CAPITAL RESERVE ACCOUNT TO THE PARKS
AND RECREATION — CONSTRUCTION AND MAJOR RENOVATION
CAPITAL ACCOUNT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village wishes to proceed with the installation of fencing at the playgrounds,
batting cages, and racquet ball courts at Osborne Park and the Community Center; and
WHEREAS, Village Administration recommends that the contract be awarded to Classic Fence Co., Inc.
pursuant to pricing established by an existing contract with the Solid Waste Authority of
Palm Beach County for fencing, gates, maintenance service and parts (Contract No. 15 -QI IBN); and
WHEREAS, the Village Council seeks to amend the current fiscal year capital projects fund
budget to transfer $46,333.00 from the Capital Reserve Account to the Parks and Recreation —
Construction and Major Renovation Capital Account to fund the project; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best
interests of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby approves the Contract with Classic Fence Co., Inc.
for the installation of fencing at the playgrounds, batting cages, and racquet ball courts at
Osborne Park and the Community Center pursuant to pricing established by Solid Waste Authority
of Palm Beach County Contract 15- Q11 /BN and authorizes the Mayor and Village Clerk to
execute the Contract on behalf of the Village, a copy of which is attached hereto and incorporated
herein. The total cost of this Contract shall not exceed $46,332.62 (including a ten percent
contingency), with funds expended from Account No. K8028 -66210 (Parks and Recreation —
Construction and Major Renovation).
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Section 3. In order to fund this expenditure, the Village Council hereby approves an
amendment to the current fiscal year budget for the transfer of funds as indicated below:
Budget Amendment:
Account
Description
Use
Source
Capital Projects Fund:
K8028 -66210
Parks & Recreation —
Construction & Major Renovation
$46,333.00
K5541 -66000
Reserve Expenses — Capital
$46,333.00
Total Capital Projects Fund:
$46,333.00
$46,333.00
Section 4. The Mayor and Village Clerk are hereby authorized and directed to execute the
budget amendment for and on behalf of the Village of North Palm Beach.
Section 5. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 12TH DAY OF NOVEMBER, 2015.
(Village Seal)
ATTEST:
VILLAGE CLERK
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MAYOR
CONTRACT
Wh
This Contract is made as of this day of 1110 �a� nrcb��Z. , 2015, by and between the
VILLAGE OF NORTH PALM BEACH, 501 U.S. Highway One, North Palm Beach, Florida 33408,
a Florida municipal corporation (hereinafter "VILLAGE "), and CLASSIC FENCE CO., INC.,
1246 Hammondville Road, Pompano Beach, Florida 33069, a Florida corporation (hereinafter
"CONTRACTOR "), whose F.E.I. Number is 65- 0460064.
RECITALS
WHEREAS, the VILLAGE is in need of a contractor to install fencing at the playgrounds,
batting cages, and racquet ball courts at Osborne Park and the Community Center; and
WHEREAS, the Solid Waste Authority, through its competitive selection process, awarded
Contract No. 15 -QI I/BN ( "SWA Contract ") to CONTRACTOR for fencing, gates, maintenance
service and parts; and
WHEREAS, the VILLAGE requested and the CONTRACTOR provided proposals for the fencing
at Osborne Park and the Community Center based on pricing established in the SWA Contract; and
WHEREAS, the VILLAGE desires to accept CONTRACTOR's proposals by piggy- backing the
SWA Contract, including all terms, conditions and pricing set forth therein.
NOW THEREFORE, in consideration of the mutual promises set forth herein, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Recitals. The parties agree that the recitals set forth above are true and correct and are
fully incorporated herein by reference.
2. SWA Contract. Solid Waste Authority Contract No. 15 -QI I /BN with the CONTRACTOR,
attached hereto as Exhibit "A," is hereby expressly made a part of this Contract as fully as if set
forth at length herein.
3. CONTRACTOR's Proposals. In accordance with the terms and conditions in the SWA
Contract, CONTRACTOR shall provide all goods and services to install fencing at the athletic
fields at Osborne Park and the Community Center at a total cost not to exceed $42,120.56.
Copies of CONTRACTOR's proposals (Community Center playground, Osborne Park batting
cages, Osborne Park playground, and Osborne Park racquet ball courts) are attached hereto as
Exhibit `B" and incorporated by reference as if fully set forth herein. The goods and services to
be provided by the CONTRACTOR shall be commenced subsequent to the execution and
approval of this Contract by the VILLAGE and upon written notice from the VILLAGE to proceed.
4. Conflict of Terms and Conditions. Conflicts between documents shall be resolved in the
following order of precedence:
A. This Contract
B. Exhibit "A" (SWA Contract No. 15 -QI I /BN)
C. Exhibit `B" (CONTRACTOR's proposals).
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5. Compensation to CONTRACTOR. Payments by the VILLAGE to CONTRACTOR
under this Contract shall not exceed the amount of compensation stated in Section 3 above
without prior written consent of the VILLAGE and in no event shall exceed $43,332.62.
CONTRACTOR shall submit invoices to the VILLAGE for review and approval by the
VILLAGE's representative, indicating that goods and services have been provided and rendered
in conformity with this Contract and then will be sent to the Finance Department for payment.
Invoices will normally be paid within thirty (30) days following the VILLAGE representative's
approval. CONTRACTOR waives consequential or incidental damages for claims, disputes or
other matters in question arising out of or relating to this Contract. In order for both parties
herein to close their books and records, CONTRACTOR will clearly state "final invoice" on
CONTRACTOR's final /last billing to the VILLAGE. This certifies that all goods and services
have been properly performed and all charges have been invoiced to the VILLAGE. Since this
account will thereupon be closed, any and other further charges if not properly included in this
final invoice are waived by CONTRACTOR. The VILLAGE will not be liable for any invoice
from CONTRACTOR submitted thirty (30) days after the provision of all goods and services.
6. Period and Renewals. This Contract shall be for the term as indicated on SWA Contract
No. 15- Q11/BN. Extensions or renewals to the SWA Contract or any modification including
new products, terms, or price changes to the SWA Contract shall be submitted by
CONTRACTOR to the VILLAGE for approval. In the event the SWA Contract expires and no
new contract is let by the SWA, VILLAGE reserves the right, upon written agreement with
CONTRACTOR to renew this Contract under the same terms and conditions for an additional
period of one (1) year.
7. Insurance. CONTRACTOR shall obtain and maintain during the term of this Contract all
insurance required under SWA Contract No. 15- Q11 /BN with the VILLAGE named as an
additional insured.
8. Indemnification.
A. To the fullest extent permitted by applicable laws and regulations, CONTRACTOR shall
indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and
employees from and against any and all claims, liability, losses, and /or causes of action arising
out of or in any way related to the services furnished by CONTRACTOR pursuant to this
Contract, including, but not limited to, those caused by or arising out of any act, omission,
negligence or default of CONTRACTOR and /or its subcontractors, agents, servants or employees.
B. CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents,
servants and employees when the occurrence results solely from the wrongful acts or omissions
of the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall
survive completion of all services, obligations and duties provided for in this Contract as well as
the termination of this Agreement for any reason.
C. Nothing contained in this Contract shall create a contractual relationship with or a cause
of action in favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this
Contract be construed a waiver of sovereign immunity beyond the limited waiver provided in
§ 768.28, Florida Statutes.
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9. Compliance with all Laws, Regulations and Ordinances In performing the services
contemplated by this Contract, CONTRACTOR shall obtain all required permits and comply
with all applicable federal, state and local laws, regulations and ordinances, including, but by no
means limited to, all requirements of the Florida Building Code.
10. Warranty /GuarantX Unless a longer period is stated in the SWA Contract No. 15- Q11BN,
CONTRACTOR warrants that its goods and services provided under this Contract will be free of
defects in materials and workmanship for a period of one (1) year following delivery and
completion of those goods and services.
11. Miscellaneous Provisions.
A. Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be
deemed a waiver of that parties' right to enforce or exercise said right(s) at any time thereafter.
B. This Contract shall be governed by the laws of the State of Florida. Any and all legal
action necessary to enforce the Contract will be held in Palm Beach County. No remedy herein
conferred upon any party is intended to be exclusive of any other remedy, and each and every
such remedy shall be cumulative and shall be in addition to every other remedy given hereunder
or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial
exercise by any party of any right, power, or remedy hereunder shall preclude any other or
further exercise thereof.
C. If any legal action or other proceeding is brought for the enforcement of this Contract, or
because of an alleged dispute, breach, default or misrepresentation in connection with any
provisions of this Contract, the successful or prevailing party or parties shall be entitled to
recover reasonable attorney's fees, court costs and all expenses (including taxes) even if not
taxable as court awarded costs (including, without limitation, all such fees, costs and expenses
incident to appeals), incurred in that action or proceeding, in addition to any other relief to which
such party or parties may be entitled.
D. If any term or provision of this Contract, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this
Contract, or the application of such terms or provision, to persons or circumstances other than
those as to which it is held invalid or unenforceable, shall not be affected, and every other term
and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law.
E. All notices required in this Contract shall be sent by certified mail, return receipt
requested, and sent to the addresses appearing on the first page of this Contract.
F. The VILLAGE and CONTRACTOR agree that this Contract sets forth the entire
agreement between the parties, and that there are no promises or understandings other than those
stated herein. None of the provisions, terms and conditions contained in this Contract may be
added to, modified, superseded or otherwise altered, except by written instrument executed by the
parties hereto. Any provision of this Contract which is of a continuing nature or imposes an obligation
which extends beyond the tenn of this Contract shall survive its expiration or earlier termination.
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G. CONTRACTOR shall comply with Chapter 119, Florida Statutes, regarding access to
public records. Failure of compliance may be grounds for termination by the VILLAGE.
Pursuant to Section 119.0701, Florida Statutes, CONTRACTOR shall:
(1) Keep and maintain public records that ordinarily and necessarily would be
required by the VILLAGE in order to perform the services.
(2) Provide the public with access to public records on the same terms and conditions
that the VILLAGE would provide the records and at a cost that does not exceed
the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential from public records
disclosure requirements are not disclosed except as authorized by law.
(4) Meet all requirements for retaining public records and transfer, at not cost to the
VILLAGE all public records in possession of the CONTRACTOR upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements.
All records stored electronically must be provided to the VILLAGE in a format
that is compatible with the information technology system of the VILLAGE.
H. CONTRACTOR is aware that the Inspector General of Palm Beach County has the
authority to investigate and audit matters relating to the negotiation and performance of this
Contract, and in furtherance thereof, may demand and obtain records and testimony from
CONTRACTOR and its subcontractors. CONTRACTOR understands and agrees that in
addition to all other remedies and consequences provided by law, the failure of CONTRACTOR
or its subcontractors to fully cooperate with the Inspector General when requested may be
deemed by the VILLAGE to be a material breach of the Contract justifying termination.
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed
this Contract as of the day and year first above written.
CLASSIC FENCE
��II�/ Print Name:
Position: P6 ,E5t; p _ i v
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VILLAGE OF NORTH PALM BEACH
By:.j
ROBERT GEBBIA
MAYOR
ATTEST:
BY: �
MELISSA TEAL
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:—
VILLAGE ATTORNEY
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