Res No. 123-18 RESOLUTION NO. 123-18
A RESOLUTION OF THE CITY OF DELRAY BEACH,
FLORIDA APPROVING AN AGREEMENT WITH LINE-TEC,
INC. FOR WATER SERVICE CONNECTIONS AND
RESTORATION; AUTHORIZING THE QTY MANAGER TO
EXECUTE THE AGREEMENT AND TAKE ALL ACTIONS
NECESSARY TO EFFECTUATE THIS AGREEMENT;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WEEREAS,the Cityof DelrayBeach(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 desires to furnish and provide maintenance of water service connections as
well as restoration at various locations throughout the City of Delray Beach;and
WHEREAS,the City desires to enter into an agreement with Line-Tec,Inc;and
WHEREAS,the City Commission deems approval of this Resolution to be in the best interest of
j 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 Line-Tec,Inc.,which is attached hereto and incorporated
herein as ",Exhibit N'.
Section 3. The City Commission authorizes the City Manager to execute the Agreement and
any amendments and/or renewals thereto, and take any other actions necessary to effectuate this
Agreement.
Section 4. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED in regular session on the dap of ' ' � � ��. ,2018.
ATTEST: Y O R
Katerri Johnson, Vity Clerk
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Approved as to fo end legal sufficiency:
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R. Md�l
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qty Attorney µ..
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City of Delray Beach
ITB No.2018-050
Water Service Connections and Restoration Agreement
Exhibit A to Resolution No.123-18
AGREEMENT
THIS AGREEMENT is hereby made and entered into this LOt" day of (XkJ'Y'i ' 200z,') (the
"effective date")by and between the City of Delray Beach,a Florida municipal corporation("City"),whose
address is 100 N.W. 1st Avenue, Delray Beach, Florida 33444, and Line-Tec, Inc., a Florida corporation
(hereafter referred to as "Contractor"), whose address is 241 N.W. 18th Avenue, Delray Beach, Florida
33444.
WHEREAS, the City desires to retain the services of the Contractor to provide the goods and
services in accordance with the City's Invitation to Bid No. 2018-050, and the Contractor's response
thereto, all of which are incorporated herein by reference.
NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth,
the Contractor and the City agree as follows:
ARTICLE 1. INCORPORATION OF INVITATION TO BID
The terms and conditions of this Agreement shall include and incorporate the terms, conditions,
and specifications set forth in the City's Invitation to Bid No. 2018-050, and the Contractor's response to
the Invitation to Bid, including all documentation required thereunder.
ARTICLE 2. DESCRIPTION OF GOODS OR SCOPE OF SERVICES
The Contractor shall provide the goods and/or perform those services identified in the
specifications accompanying the City's Invitation to Bid, which are incorporated herein by reference.
ARTICLE 3. COMPENSATION
The City shall pay to the Contractor, in compliance with the Pricing Schedule attached hereto and
incorporated herein,according to the terms and specifications of the referenced Invitation to Bid.
ARTICLE 4. MISCELLANEOUS PROVISIONS
a. Notice Format. All notices or other written communications required, contemplated, or
permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or
mailed by registered or certified mail (postage prepaid), return receipt requested, to the following
addresses:
i. As to the City: City of Delray Beach
100 N.W. 15t Avenue
Delray Beach, Florida 33444
Attn: City Manager
Email: LauzierM@mydelraybeach.com
Page I 1
City of Delray Beach
ITB No.2018-050
Water Service Connections and Restoration Agreement
Exhibit A to Resolution No.123-18
ii. with a copy to: City of Delray Beach
100 N.W. 1St Avenue
Delray Beach, Florida 33444
Attn: City Attorney
Email: LohmanM@mydelraybeach.com
iii. As to the Contractor: Line-Tec, Inc.
241 N.W. 18th Avenue
Delray Beach, Florida 33444
Attn:Scott Ellsworth, President
Email:Scott@linetecinc.com
b. Headings. The headings contained in this Agreement are for convenience of reference
only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
C. Effective Date. The effective date of this Agreement shall be as of the date it has been
executed by both the parties hereto.
ARTICLE 5. CONTRACT TERM
This Agreement term shall commence upon the date of the duly executed Agreement, and shall
remain in effect for three years, unless terminated earlier or renewed in accordance with terms set forth
in the ITB. Upon mutual agreement of City and Contractor,this Agreement may be renewed for up to an
additional two years.
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City of Delray Beach
ITB No,2018-050
Water Service Connections and Restoration Agreement
Exhibit A to Resolution No.123-18
IN WITNESS WHEREOF,the parties have executed this Agreement on the dates hereinafter written.
CITY OF DELRAY BEACH, FLORIDA
[SEAL] ie
By:_ �k I
Mark R. Lauzier,City Ma ger
ATTEST:
By:
Katerri Johnson, ity Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
11a` an Cit Att�r'neY
, . Y
CONTRACTOR ..
[SEAL] By: (_'t`
P /
Printed Name
Fz
Title
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of2018, by
=l &,,A , as �✓.,mJ,-,- (name of officer or agent, title pf officer or agent),
of t" - "' (name of corporation acknowledging), a 1 116 Jr- (state or
place of incorporation) corporation, on behalf of the corporation._H-e/She is persona lly,known to me
or has produced (type of identification) as identification.
r'4 SUSANN AUDEII
MY COMMISSION 0 FF 94989
Notar Pub
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,oe EXPIRES:February 8.2920
Elonded?hruNotary PubllcUndeiwnle s y lic'=State of Florida
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