Res No. 23-19 A M,,S0 H,°T1C) OF THE, t;�HA" Gin DELRAY BEVII,
T.-NI! ALL AMY&fir TQUESSARN—'R) HI EUTU A'GE THIS
A J1.°,RI ,:�S, the Cho 4 May Beach (R',dt) is authrarized to enter into agww°ruacmut V) pmwmla:e
senvi.C:a,s prc%raa"!n.1Ch.r g and products cts a . accordance e with its (',harter; e91n.d �
v�' I.
' �..�",�����a,���, ����� G:ntw� rrc.c�u�.a-c°;� wr^r�w�ac�t �amwa.�i rrMc:acQs for the purpose c,af;' wiP-cra.rn ;ataraa
infrastructure c+.ramaaata:aua taaaamn� aAzd
NO I REA!" the (1, Mms a) enamr aano Baa agreement -arath and Hinterland Group traaa.., for �
these seek:.es, and products; and
WH:URAS, the t'„att ��,�a�araraau��a!saa�:��aa (1rc,ans rapprrnal naft:w, Rc°solaaM,ra h) be in the best h�atwrut;t
of the h aaRh, srak;4 and ww elfire of dw resWcrnB and catazcns of the CiY of Da:ltar each and the public
at large,
wr :fid as .. .`Rua Weg(Ang r c atals arc, hereby ,aRaarrued and Wed,
The Citi` t�,,.otrn:rrwawbshm of the t `ata of Debrare Beach as mw!lww°ed and lacaraby<
approves td; t tarc,arca.t acwccr the City and R rrwaR rarlt 1111c.,., wvhic Ris attached to this
Rc°so�ut oin as 1_,wx a.ibi .:'\,
City f.;c:u r.rnis,nam aautR"amazcas the City Manager an exectne the Agreement
and an) aa°raemad.a ems aardpw a°erwivalt dwrem, and takeany other sans neccwaq r etlectricthis,
Atpera°nent:.,
his RemAuWxi tahM] R°recoa~tte ttf`Ra_activcW ityu-nedia0y upon adopfitatr..
............
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JOSSR) AND MOR M) A regular scssic)n Oil 111c,
da�' of 20 19,
ATTF,5"K
ShQ lKnAm a vr
Aty Gerk.
ApInuved as i10 brip,4,xid tegal sufficiency�
MAS1"„ CONI,,,RAC,,rORISERVICES
THIS AGREEMENTis made by and between th ity of [Wray Basan, a Roruda
rrnurnucup 0 corporation tion (h r i n tt r referred to as "City") whose ddre is 100 INW V�n
Avenue, DeIray Beach, FL :33444 and Hurnt land Group, Inc., Floruda Corporation,
(hereinafter referred to as "Contractor"'), authorized to do business in Rorida, whose address
is 1 Haveirhifl Road,da t irnut 114, West PallirnBeach, FL 33407, tlh6 . �. �.�_��....._ day of
.............. i.. .......,... ... `
m�� ,. � ,� 20 . ..._�.....__.....
WHEREAS,, the City desires to perform storrrnw t r infrastructure a o n trucfio ns and
the City desires to procure, these services from Contractor, ur0:u0uzun
existing contract prices provided to City of West 0)aIrru Beach, pursuant to its solficitatiorl
number ITB 10-14...407, for stormwater infrastructure corn tructio n services;es; rnd
urn accordance with solicitation number ITB 13-14-407, duty of West IF 0rn
Beach, entered urnto a tour (3) year agreement with Contractor for services effective
November 21 u 20'14 through December 31, 2O17, Wth the option to renew for an addftionaI
two (2) years', rnd
.p q WHEREAS, t0�n partiesexercised the runt to xt rnd t0�nContract through 0 r�nb. r
U, 01 y and
the City desires to purchase services from Contractor on the same terms,
conditions, and pru ornc proveded under sokitation number ITB 13-14-407, subject to the
terms rnd conditions of this Agreement, the City's Purchasing ordi n rn e, and Rorud law;
and
the Contractor agirees to extend the terms, conditions, and pru urnO of
o0u ut do n rnumber ITB 13-14-407 to the ity, subject to the terms and conditions of this
Agreement.
THEREFORE, in consideration of the m utru 0 promises contained herein nd other
good and valluaUe consideration of which the parties hereto 0 now0 d , the parte s agree
as fo00caws;
1 The fav r cut 0s are true and correct and are incorporated Ih r urn by
reference.
2 The ontr cntor shall provide to the sty engineering, architecture and r 0 t d
profe.ssional services, urn accordance with and pursuant to 'the me 'terms, o nditio n , and
pricing of soficitation number ITB 13-14-4,07 procured by City of West 0 aIm Beach.
T"h0s Agreement is urn tu00 force and effect upon t0 execufion by the City for an
rnnu0 not-to-exceed amount of three hundred thousand rnd 00/100 DoIIars ($300,000.00).
4 `This Agreement shall terminate on December 31, 2019, unless the agreement
to lTB 13-14-407 i renewed pay City of West Palm Beach.
'Dye City, at its soy e discretion, resewes the right to terminate this gr rr e nt
with or without cause iirrimediatey upon providing wrtty en notice to Contractor. Upon receipt
of such notice, the Contractor slh H riot incur any additional costs under the Agreement. The
City shaH be Viable only for reasonable costs incurred by Contractor prior to the date of the
notice of termn fio n. The City shall be the scale judge of "reasonable cotis."
F The Contactor certifies that the price and rate represents the lowest price and
irate for the products and services of array contract between the Contractor and any other
governmental entity within t[ie State of bio dd .
The Contractor shall irnderrninify and hold harmless the City and its officers,
employees, agents, and iristrurrientalifies from any and all Habipityy, losses or damages,
including attorney's fees and costs of defense, which the City or its officers, eirrapaio gees,
agents, or instrumentallities may incur as <a result of cl air n v demands, unit ® causes of
actions, or proceediings proceedingsof any kind or nature arising out of, relating to, or resulting from the
pia rfo.:armnce of than agreement by the Contractor or its employees,es, gents, servants, partners,
principals, or subcontractors. rhe Contractor shaH pay all cpalirns and losses in connection
therewith, and shall investigate arid defend Ill claims, suits, or actions of any kind or nature in
the name of the City, where appiicable, including appellIate proceedilngs, and shall pray all
casts, judgments, end attorney's fees which may The incurred thereon. The Contractor
expressly uurnd r tarnd nd agrees that any insurance protection required Icy this Agreement
or otherwise provided by the Contractor shall in no way limit the responsibility to irnd r nrnify4
keep and save harmless, end defend end th City or its officers, employees,w genus and
instrumentalities as herein provided the oafrma9igatioarns of this section shall survive the term of
this Agreement.
Whenever either Party desires to give notice to the other, such notice must be
In writing, went by certified U nliited States Mail, postage pire�..) aid, iretuurin r c6pat r qu..0 bted, or
went by commercial express carrier witty 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 Ih H r omni n the
;ureas as set forth her inn uurntill chainged in writing in the irrn rnrner provided in this section. For
the present, the Parties designate the following:
For CITY
City of DOray Beach
100 NW 1 st Avenue
rnu.ue
Delray Beach, Florida33444
ft:rn City Manager
For CONTRACTOR
irnteari rnd Group, inc.
2051 W BkAe Heron BW
Riviera Beach,ach , L 33404
g Neither this Agreement nor any right or interest herein shah be assigned,
transferred, or encumbered without the rewritten consent of the other Party.
10 1-his Agreement nt shah be construed in accordance with the City of DOr y
Beach's odes of Ordinances and the i wws of the State of Roirid . Any dispute ruing to this
Agreement shaH o0y be tiled in a court of competent junri diction in Palm Beach ("ouurnty,
`lurid , and each of the parties to this gre ememrnt submits its ht to the jurisdiction of such
court. Each party shaH be responsible for their own attorney' fes and costs.
11 IF THE CONI RACTOR HAS QUESTIONS REGARDING THE
APPLICA1 ION OF CHAPTER 119, FLORIDA STATUTES,
TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS Tp CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT
CI rY OF DELRAY BEACH, "" N.W. I ST AVE., DELRAY
BEACH FLORIDA. THE CITY CLERK'S OFFICE MAY BE CONTACTED BY
PHONE AT 561-243-7050 OR VIA EMAII AT
CIT
a. Contractor Ih ii cornpiy with pubfic records laws„ spe Citic iiy tea-
L Keep and maintain public records required by the City to perform the
service.
ii. Upon request st from the ity' custodian of puuhaiic records, proMea the City
with a copy of the requested re cord or lloww the records to be inspected or
copied wwithn'irn a re aso n Kalea time t a cost that dues not exceed e d the cost
provided in Floridat tuute or as otherwise provided by i ww.
iii. Ensure that pubic records that are exempt or a'onfid inti l and exempt mpt from
puu iic records discosure requirements area not disdosed except as
authorized by 8 ww for the duration of the Agreement term and toiieawwirng
completion of the Agreement it the o ntr ctor does not transfe.it the record
to the City.
iv. Upon eaomjpetiearn of the Agreement,mewrnt, tr rnsfer, at nes cost, to the City ail punb is
records in peg learn of the Contractor or keep and maintain Ipuwhalic records
required by the City to perform the service. It the Contractor transfers all
puuhaiic records to the City Upon (::,ompiewtiiean of the Agreement, the Contractor
shall (Jestroy any duplicate pu. b is records tlh t are exempt or confidential
and exempt trearnn puub is records disci ourew requirements.mernt . it the Contractor
keeps and maintains puntnnic records upon completion of the Agreemerit, th-n
Contractor sh aH meet ail appficaWe requirements nt for retaining puAbii
records. AH records torewd Oe ctrearnicaHy must: be provided to they City, u,wporn
request from theCity's custodian of public records, in a format that i
compatible wit1h the information technology systems of the City.
V. It the Contractor ctor dues not comply with this section, the City shall enforce the
contract provisions irn accordance with the contract and may unilaterally
c nc I this con-tract in accordance with state law.
12 Contractor is aware that the Inspector General l off Palm Beach County has the
auuuthodty to investigate and audit matters r a ing to the rn g t:iation and performance of this
contract, and r n y d rnand and obtain records and testimony frown Contractor and its
subcontractors vid lower tier Subcontractors. Contractor understands and agrees that in
addition to all other remedies and consequences provided by law, the failure of Contractor ear
its subcontractors and Iower tier subcontractors to fully cooperate with the Inspector General
when requested may be deemed Iby the City to be a material breach of this Agreement
justifying its term i natio in.,
13 Ttie continuation of this Agreement beyond the end of any fi and year small be
subject to both the appropriation and the avaiIabiility of fund; in accordance n with Florida law.
14 The documents listed below are a part of this Agreement and are Ih r by
incorporated by reference. In the event of inconsistency between th documents, unless
otherwise provided herein, the terms of they 'following documents will govern irn the followirng
order of precedence-
a.
r cede nce-. Terms and conditions as contained in this Agreement.
b. Terms and Conditions of Comity of West IPa Irrn Beach ch olii iit:ant:ion number IIT 13-
14-407.
C. Contractor' response to solicRation number ITB 10-14.-407 and any
subsequent information submitted by Contractor during the v Iu tin and
negotiation process.
(Remainder cit page intentionally left bl nik]
IN WITNESS WHEREOF, the C ty and the Contractor exec.uted thn s Agreement as o6
the clay and year first above w0tten.
""U"""BEST: CITY OF DEI,....RAY BEACH
By-, �.:. _ .:. .....
r
Approved as to for and UegaI uffu u u cy:
. ....... _ ........................................................
� 1 ®01 ��
oil
CONTRACTOR
June 26,
. R VD X 61 4 , fin
. ....._...........�... ...
TUfU uthodzed... _i. u c rte...................._.........
(SHOAL)
STATE OF H"ovi
COUNTY CSU°'' IU°:' m I �
...........__.........................................H..u.
...............................................................................................................
The foreg61n Mstrulrnent was acknowlledged before rne too ......30th.._ day f ......a. ..0 .! �._......v
20J 9, by , _ . . . ... . . ............_.__ / tH°n u u ... .�.. . .. ..':...._. (mama f it � �71r nt, tutue o6
officer or agent), of . 1 1..4]t. ria.nd....._Grou. ....[:g.:.................... (name of corp ratiolrnkinoW 4'i ),
.. � � u�fiUUy,.,U������ i�� u� produced
She
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a_ ry H uwuU Uuc ...... S UJIe