Res No. 144-18 RESOLUTION NO. 144-18
A RESOLUTION OF THE QTY OF DELRAY BEA(:K
FLORIDA APPROVING AN AGREEMENT WITH PRECISION
CONIRACIING SERVICES, INC. FOR FIBER OPTIC
ENGINEERING, DESIGN, MATERIAL SUPPLIES AND
INSTALLATION; AUTHORIZING THE QTY MANAGER TO
EXECUTE THE AGREEMENT AND TAKE ALL ACIIONS
NECESSARY TO EFFECTUATE THIS AGREEMENT;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, the City of Delray Beach (City) is authorized to enter into agreements to provide
services,programming and products in accordance with its Charter,and
WHEREAS, the City requires fiber optic engineering, design, material supplies and installation
for the purpose of creating new,and enhancing existing,network connections,and
WHEREAS,the City desires to enter into an agreement with Precision Contracting Services,Inc.,
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 Precision Contracting Services,Inc.,which is attached to
this Resolution as Exhibit A.
Section 3. The City Commission authorizes the CityManager 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 IZ!Nayof Lr-ct,,%v%,L�49 ,2018.
ATTESShelly Petrolia,Ayor
Katerri Johnson,CityCerk
Apprpyed as to fo and legal sufficiency:
to '
2
City of Delray Beach
P2019-004 Agreement with PCS
Fiber Optic Engineering,Design,Material Supplies and Installation
Exhibit A to Resolution No. 144-18
FASTER 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 Is' Aventie, Delray Beach, FL
33444 and Precision Contracting Services, Inc., a Florida Corporation (hereinafter referred to as
"Contractor"), whose address is 15834 Guild Court, Jupiter, Florida 33478, this " t" day of
f C 201 .
WHEREAS,the City desires to purchase fiber optic engineering, design, material supplies and
installation; and
WHEREAS, the City desires to procure these goods and services from Contractor, utilizing
existing contract prices provided to the Palrn Beach County Board of County Commissioners, pursuant
to its solicitation number 18-055/HS, for fiber optic engineering, design, material supplies and
installation; and
WHEREAS, in accordance with solicitation number 18-055/HS, the Palm Beach County
Board of County Commissioners entered into a one-year agreement with Contractor for goods and
services effective August 21, 2018 through August 20, 2019, with the option to renew for an additional
four years; and
WHEREAS, the City desires to purchase goods and services from Contractor on the same
terms, conditions, and pricing provided under solicitation number 18-055/HS, 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 solicitation
number 18-055/HS 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 fiber optic engineering, design, material
supplies and installation for the City, in accordance with and pursuant to the same terms, conditions,
and pricing of solicitation number 18-055/HS, procured by the Palm Beach County Board of County
Commissioners.
3 This Agreement is in full force and effect upon full execution by the City and shall
terminate on August 20, 2019, unless the Palm Beach County Board of County Commissioners
exercises its option to renew. Upon proper execution of a renewal period by the Palm Beach County
Board of County Commissioners,this Agreement will automatically renew.
City of Delray Beach
P2019-004 Agreement with PCS
Fiber Optic Engineering,Design,Material Supplies and Installation
Exhibit A to Resolution No. 144-18
4 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."
S 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.
6 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 terra of this Agreement.
7 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
With a copy to:
City of Delray Beach
100 N.W. 1 st Avenue
Delray Beach, Florida 33444
Attn: City Attorney
City of Delray Beach
P2019-004 Agreement with PCS
Fiber Optic Engineering,Design,Material Supplies and Installation
Exhibit A to Resolution No. 144-18
For CONTRACTOR:
Precision Contracting Services, Inc.
15834 Guild Court
Jupiter, Florida 33478
Attn: Sara Boyd—Secretary
8 Neither this Agreement nor any right or interest herein shall be assigned, transferred, or
encumbered without the written consent of the other Party.
9 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.
10 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING T
THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT CITY OF DELRAY BEACH, CITY CLERK, 100 N.W. Is" AVE., DELRAY
BEACH FLORIDA. THE CITY CLERK'S OFFICE MAY BE CONTACTED BY
PHONE AT 561-243-7050 OR VIAE AIL AT
CITYCLERKgMYDELRAYBEACH.COLI®
a. Contractor shall comply with public records laws, specifically to:
i. Deep 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
City of Delray Beach
P2019-004 Agreement with PCS
Fiber Optic Engineering,Design,Material Supplies and Installation
Exhibit A to Resolution No. 144-18
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.
1 I 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.
12 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.
13 It is hereby understood and agreed that in the event any lawsuit in the judicial system,
federal or state, is brought to enforce compliance with this contract or interpret same, or if any
administrative proceeding is brought for the same purposes, each party shall pay their own attorney's
fees and costs, including appellate fees and costs.
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 Palm Beach County Board of County Commissioners
solicitation number 18-055/HS.
C. Contractor's response to solicitation number l 8-055/HS and any subsequent
information submitted by Contractor during the evaluation and negotiation process.
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City of Delray Beach
P2019-004 Agreement with PCS
Fiber Optic Engineering,Design,Material Supplies and Installation
Exhibit A to Resolution No. 444-18
EV WITNESS WHEREOF, the City and the Contractor executed this Agreement as of the day and
year first above written.
ATTEST: CITY OF DELRAY BEACH
... By.
V"'
Katerri Johnson, C' y Clerk Mark R. Lauzi City Manager
Approved as to form and legal sufficiency:
City Afton
CONTRACTOR
Print Name: ,
Title: I�
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
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"�^•°„ MICHAEL IDAFFAN
MY COMMISSION#GG085565i I
EXPIRES March 21,2021