Res No. 111-18 RESOLUTION NO. 111-18
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY
j OF DELRAY BEACH, FLORIDA, APPROVING AN
AGREEMENT WITH M &M ASPHALT MAINTENANCE, INC.
1 D/B/A ALL COUNTY PAVING FOR GENERAL ROADWAY
j AND MISCELLANEOUS CONSTRUCTION SERVICES
UTILIZING THE CITY OF WEST PALM BEACH ITB NO. 14-15-
134 CONTRACT; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT AND TAKE ALL ACTIONS
NECESSARY TO EFFECTUATE THIS AGREEMENT;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, the City of Delray Beach (hereinafter referred to as the "City") is
authorized to enter into agreements to provide services, programming,and products in accordance
with its Charter;and
WHEREAS, the City requires roadway miscellaneous construction services;and
WHEREAS, the City desires to enter into an agreement with M & M Asphalt
Maintenance, Inc. d/b/a All County Paving for general roadway and miscellaneous construction
services;and
WHEREAS, the City Commission deems approval of this Resolution to be in the
best interest of the health, safety, and welfare of the residents and citizens of the City of Delray
Beach and the public at large.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH,FLORIDA,AS FOLLOWS:
Section 1. The foregoing recitals are hereby affirmed and ratified.
Section 2. The City Commission of the City of Delray Beach has reviewed and
hereby approves this Agreement between the City and M&M Asphalt Maintenance,Inc. d/b/a All
County Paving attached to this Resolution as Exhibit"A".
Section 3. The City Commission authorizes the City Manager to execute the
Agreement and any amendments thereto, and take any other actions necessary to effectuate this
Agreement.
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2 RES. NO. 111-18
------ S ection 4. -1'his-resole ica S7 take efffect-ra edately upon its-adoption. .
PASSED AND ADOPTED in regular session on the b day of "-�` °" 2018
ATTEST: "'--Shelly Petrolia,My
Katerri Johnso,�;"�City Clerk
Approved to form and g dency:
Max L hn, City Attorney
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3 RES. NO. 111-18
MASTER CONTRACTOR/SERVICES AGREEMENT
THIS AGREEMENT is made by and between the City of Delray Beach, a Florida
municipal corporation (hereinafter referred to as "City"), whose address is 100 NW 1St
Avenue, Delray Beach, FL 33444 and M&M Asphalt Maintenance, Inc. d/b/a All County
Paving, a Florida Corporation, (hereinafter referred to as "Contractor"), authorized to do
business in Florida, whose address is 1180 SW 10th Street, Delray Beach, Florida 33444, this
day of q A ,- 20
WHEREAS, the City desires to purchase roadway milling and repaving services; and
WHEREAS, the City desires to procure these services from Contractor, utilizing
existing contract prices provided to the City of West Palm Beach, pursuant to its solicitation
ITB # 14-15-134, for General Roadway and Miscellaneous Construction Services; and
WHEREAS, in accordance with ITB # 14-15-134, the City of West Palm Beach,
entered into a three (3) year agreement with Contractor for services effective October, 22,
2015 through October 21, 2018, with the option to renew for up to two additional twelve (12)
month periods; and
WHEREAS, the City desires to purchase services from Contractor on the same terms,
conditions, and pricing provided under ITB # 14-15-134, subject to the terms and conditions
of this Agreement, the City's Purchasing ordinance, and Florida law; and
WHEREAS, the Contractor agrees to extend the terms, conditions, and pricing of ITB
# 14-15-134 to the City, subject to the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein and
other good and valuable consideration of which the parties hereto acknowledge, the parties
agree as follows:
1 The above recitals are true and correct and are incorporated herein by
reference.
2 The Contractor shall provide to the City roadway milling and repaving services,
in accordance with and pursuant to the same terms, conditions, and pricing of ITB # 14-15-
134 procured by the City of West Palm Beach.
3 This Agreement is in full force and effect upon full execution by the City for an
annual not-to-exceed amount of Three Hundred Thousand and 00/100 Dollars ($300,000.00).
4 This Agreement shall terminate on October 23, 2018, unless the City of West
Palm Beach exercises its option to renew for up to two additional twelve (12) month periods.
5 The City, at its sole discretion, reserves the right to terminate this Agreement
with or without cause immediately upon providing written notice to Contractor. Upon receipt
of such notice, the Contractor shall not incur any additional costs under the Agreement. The
City shall be liable only for reasonable costs incurred by Contractor prior to the date of the
notice of termination. The City shall be the sole judge of "reasonable costs."
6 The Contactor certifies that the price and rate represents the lowest price and
rate for the products and services of any contract between the Contractor and any other
governmental entity within the State of Florida.
7 The Contractor shall indemnify and hold harmless the City and its officers,
employees, agents, and instrumentalities from any and all liability, losses or damages,
including attorney's fees and costs of defense, which the City or its officers, employees,
agents, or instrumentalities may incur as a result of claims, demands, suits, causes of
actions, or proceedings of any kind or nature arising out of, relating to, or resulting from the
performance of the agreement by the Contractor or its employees, agents, servants, partners,
principals, or subcontractors. The Contractor shall pay all claims and losses in connection
therewith, and shall investigate and defend all claims, suits, or actions of any kind or nature in
the name of the City, where applicable, including appellate proceedings, and shall pay all
costs, judgments, and attorney's fees which may be incurred thereon. The Contractor
expressly understands and agrees that any insurance protection required by this Agreement
or otherwise provided by the Contractor shall in no way limit the responsibility to indemnify,
keep and save harmless, and defend the City or its officers, employees, agents, and
instrumentalities as herein provided the obligations of this section shall survive the term of
this Agreement.
8 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:
For CITY:
City of Delray Beach
100 N.W. 1 st Avenue
Delray Beach, Florida 33444
Attn: City Manager
For CONTRACTOR:
M&M Asphalt Maintenance, Inc. d/b/a All County Paving
1180 SW 10th Street
Delray Beach, FL 33444
Attn: Kenneth Goldberg — President
9 Neither this Agreement nor any right or interest herein shall be assigned,
transferred, or encumbered without the written consent of the other Party.
10 This Agreement shall be construed in accordance with the City of Delray
Beach's Code of Ordinances and the laws of the State of Florida. Any dispute relating to this
Agreement shall only be filed in a court of competent jurisdiction in Palm Beach County,
Florida, and each of the parties to this Agreement submits itself to the jurisdiction of such
court.
11 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, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT
CITY OF DELRAY BEACH, CITY CLERK, 100 N.W. 1sT AVE., DELRAY
BEACH FLORIDA. THE CITY CLERK'S OFFICE MAY BE CONTACTED BY
PHONE AT 561-243-7050 OR VIA EMAIL AT
ITY L
a. Contractor shall comply with public records laws, specifically to:
i. Keep and maintain public records required by the City to perform the
service.
ii. Upon request from the City's custodian of public records, provide the City
with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost
provided in Florida Statute or as otherwise provided by law.
iii. Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements 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 City.
iv. Upon completion of the Agreement, transfer, at no cost, to the City all public
records in possession of the Contractor or keep and maintain public records
required by the City to perform the service. If the Contractor transfers all
public records to the City 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. All records stored electronically must be provided to the City, upon
request from the City's custodian of public records, in a format that is
compatible with the information technology systems of the City.
V. If the Contractor does not comply with this section, the City shall enforce the
contract provisions in accordance with the contract and may unilaterally
cancel this contract in accordance with state law.
12 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 may demand and obtain records and testimony from Contractor and its
subcontractors and lower tier subcontractors. Contractor understands and agrees that in
addition to all other remedies and consequences provided by law, the failure of Contractor or
its subcontractors and lower tier subcontractors to fully cooperate with the Inspector General
when requested may be deemed by the City to be a material breach of this Agreement
justifying its termination.
13 The continuation of this Agreement beyond the end of any fiscal year shall be
subject to both the appropriation and the availability of funds in accordance with Florida law.
14 The documents listed below are a part of this Agreement and are hereby
incorporated by reference. In the event of inconsistency between the documents, unless
otherwise provided herein, the terms of the following documents will govern in the following
order of precedence:
a. Terms and conditions as contained in this Agreement.
b. Terms and Conditions of the City of West Palm Beach ITB # 14-15-134.
C. Contractor's response to ITB # 14-15-134 and any subsequent information
submitted by Contractor during the evaluation and negotiation process.
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IN WITNESS WHEREOF, the City and the Contractor executed this Agreement as of
the day and year first above written.
ATTEST: CITOF I3 `
SAY BEAC�-'i�
v,
Katerri Joh on, City Clerk Shelly Petrolia, Mays �
^reg
to forma Aja I sufficiency:m
Max L hrign, City Attorney
CONTRACTOR
Print N e: : ..M �rv, m .J
Title:( . _, V
(SEAL)
STATE OF + ,�
COUNTY OF
The foregoin instrument was acknowledged b �Kp.
ore me this day of ,
20 , by, e' nC ) as "' 0 �'d (name of officer or ent, title of
officer or agent) f (Mn ffi(i (name ° coloration acknowledging), a
He / She is e'rsonal(stal t known to m e or'place f or h incorporation) mon behalf of the corporation.
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identification) as identification.
,,uPx nu Notary Public State of Florida
Ashleigh A McFariane
� ® My Commission FF 236627
For sva Expires 0612012019 �.
ovary Public— tate of( .: "- o , .
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