R24-317 1 RESOLUTION NO. R24-317
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING A LIMITED TERM EXTENSION
5 AMENDMENT TO AGREEMENT WITH MARTIN FENCE CO. AND WITH
6 ALPHA FENCE FOR NEW FENCING, REPAIRS, AND GATE OPERATORS
7 BID NO. 001251120/EM; AND PROVIDING AN EFFECTIVE DATE; AND
8 FOR ALL OTHER PURPOSES.
9
10 WHEREAS, on November 5, 2019, the City of Boynton Beach and Martin Fence entered
l i into an Agreement with Renewal Options which outlined the scope of services, fees, and payments
12 for new fencing, repairs, and gate operators; and
13 WHEREAS, on November 5, 2019, the City of Boynton Beach and Alpha Fence entered
14 into an Agreement with Renewal Options which outlined the scope of services,fees, and payments
is for new fencing, repairs, and gate operators; and
16 WHEREAS, the Agreements with Martin Fence Co. and with Alpha Fence expired on
17 November 4, 2024; and
18 WHEREAS, there is a need for adequate fencing repairs and gate operators for the City's
19 buildings, parks and grounds, and facilities locations, and therefore, it is necessary to execute a
20 limited-term contract extension to provide the necessary expenditures and payments to Martin
21 Fence Co. and to Alpha Fence; and
22 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
23 best interests of the City's citizens and residents to approve and authorize the Mayor to sign a
24 limited-term contract extension to provide continuity of service for new fencing, repairs, and gate
25 operators by Martin Fence Co. and by Alpha Fencing, on a month-to-month basis, for an
26 additional one-hundred and eighty calendar days expiring on April 30, 2025, or by execution of
27 further contracts.
28
29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
30 BEACH, FLORIDA, THAT:
31 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
32 being true and correct and are hereby made a specific part of this Resolution upon adoption.
33 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
34 approve and authorize the Mayor to execute the Limited Term Contract Extension with Martin
35 Fence Co., a copy of which is attached hereto as Exhibit A.
36 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby
37 approve and authorize the Mayor to execute the Limited Term Contract Extension with Alpha
38 Fence, a copy of which is attached hereto as Exhibit B.
39 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby
40 authorizes the Mayor to execute the Amendments. The Mayor is further authorized to execute
41 any ancillary documents necessary to accomplish the purposes of this Resolution.
42 SECTION 5. The City Clerk shall retain the fully executed Limited Term Contract
43 Extensions with Martin Fence Co. and with Alpha Fence as a public record of the City.
44 SECTION 6. This Resolution shall take effect immediately.
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55 [signatures on following page]
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71 --1
72 PASSED AND ADOPTED this I / day of ^ r{1Wr- 2024.
73 CITY OF BOYNTON BEACH, FLORIDA
74 YES / NO
75 Mayor—Ty Penserga
76
77 Vice Mayor—Aimee Kelley . O- _
78 ‘,/--
79 Commissioner—Angela Cruz
80
%...------
81
/81 Commissioner—Woodrow L. Hay
82
83 Commissioner—Thomas Turkin
I 84
85 VOTE LI—0
86 AmET: Ai
8 ,
8• m, T. IP. Ar IP t 4O.Zh
89 Mayl=- u- esus, MP MMC -
Ty `en i:a
90 City l e _ May."
91 spy NTON`.%
92 I.O,o° F ':9c� APPROVED AS TO FORM:
ire; ;Z
93 (Corporate Seal) . _. AL , '
94 i t INCORPORATED; ;
95 'I� 1920 ,Aai„4 J. xi,,,
•
•
ns
96 Shawna G. Lamb
97C it Attorney
Y
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o
o �` P it
' O N 64'
LIMITED TERM EXTENSION AMENDMENT TO AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND MARTIN FENCE CO. FOR NEW FENCING, REPAIRS, AND GATE OPERATORS
BID NO. 001-2511-20/EM
This Limited Term Extension Amendment ("Amendment") is entered into by and between
the City of Boynton Beach, a Florida municipal corporation ("City"), and Martin Fence Co., a
Florida corporation ("Vendor") (collectively referred to as the "Parties").
RECITALS
A. The Parties entered into Contract No. 001-2511-20/EM (the "Agreement") for
New Fencing, Repairs, and Gate Operators.
B. The current term of the Agreement expired on November 4, 2024, and all renewal
options for the Agreement between the City and Vendor have been exercised.
C. The City is issuing a procurement solicitation to select a vendor and desires to
extend the Term of the Agreement on a limited basis to ensure the City has adequate services
for New Fencing, Repairs, and Gate Operators and to provide time for the issuance of a
competitive solicitation for a new contract.
Now, therefore, in consideration of the mutual terms and conditions, promises,
covenants, and payments hereinafter set forth, the City and Vendor agree as follows:
1. The above Recitals are true and correct and are incorporated herein by reference. All
capitalized terms not expressly defined within this Amendment shall retain the meaning ascribed
to such terms in the Agreement.
2. Except as modified herein, all remaining terms and conditions of the Agreement shall
remain in full force and effect.
3. The Term of the Agreement is hereby extended on a month-to-month basis for an
additional one hundred eighty (180) calendar days, expiring upon the earlier of April 30, 2025, or
execution of a contract under the City's procurement solicitation.
4. In the event of any conflict or ambiguity between this Amendment and the Agreement,
the Parties agree that this Amendment shall control. The Agreement, as amended herein by this
Amendment, incorporates and includes all prior negotiations, correspondence, conversations,
agreements, and understandings applicable to the matters contained herein, and the Parties
agree that there are no commitments, agreements, or understandings concerning the subject
Limited Term Extension Amendment — Martin Fence Co. Page 1 of 3
matter hereof that are not contained in the Agreement as amended in this
Amendment. Accordingly, the Parties agree that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements, whether oral or written.
5. Vendor acknowledges that through the date this Amendment is executed by Vendor,
Vendor has no claims or disputes against City with respect to any of the matters covered by the
Agreement.
6. The following new sections are added to the Agreement as follows:
(a) Verification of Employment Eligibility. Vendor represents that Vendor and each
subcontractor have registered with and use the E-Verify system maintained by the United
States Department of Homeland Security to verify the work authorization status of all
newly hired employees in compliance with the requirements of Section 448.095, Florida
Statutes, and that entry into this Agreement will not violate that statute. If Vendor
violates this section, City may immediately terminate this Agreement for cause, and
Vendor shall be liable for all costs incurred by City due to the termination.
(b) Prohibited Telecommunications Equipment. Vendor represents and certifies that
Vendor and all subcontractors do not use any equipment, system, or service that uses
covered telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system, as such terms
are used in 48 CFR §§ 52.204-24 through 52.204-26. Vendor represents and certifies that
Vendor and all subcontractors shall not provide or use such covered telecommunications
equipment, system, or services during the duration of the term of the Agreement.
(c) Sovereign Immunity. Except to the extent sovereign immunity may be deemed
waived by entering into this Agreement, nothing herein is intended to serve as a waiver
of sovereign immunity by City, nor shall anything included herein be construed as consent
by City to be sued by third parties in any matter arising out of this Agreement.
(d) Anti-Human Trafficking. On or before the Effective Date of this Amendment,
Vendor shall provide City with an affidavit attesting that the Vendor does not use coercion
for labor or services, in accordance with Section 787.06(13), Florida Statutes.
7. The effective date of this Amendment shall be retroactive to November 4, 2024,
regardless of the later date of complete execution by the Parties.
8. This Amendment may be executed in multiple originals, and may be executed in
counterparts, whether signed physically or electronically, each of which shall be deemed to be
an original, but all of which, taken together, shall constitute one and the same agreement.
(The remainder of this page is blank.)
Limited Term Extension Amendment — Martin Fence Co. Page 2 of 3
CITY
CITY OF BOYNTON BEACH
By . Mi , .Z.5F
-•.:'Prga, Mayor
I day Ai,0 u , 2024
Atte' Mrffitgli : � �•� tiCity Clerk % v ';�_�EA ,;
��1.:(3RRPPO°R14:D:
CITY ATTORN •FFICE to. 1% 920
Approved as to form and I gality -;'•
By. 1/6/1144 th2/ a/4
VENDOR
MARTIN,: CE Cr/. /
yei / /i Z
iz
Authorized Signer
Print Name and Title '
/ day of /V/1/. , 2024
SRW
7.2.24
Limited Term Extension Amendment — Martin Fence Co. Page 3 of 3
The City of
Boynton Beach
Finance/Procurement Services
i 100 E.Ocean Avenue
Boynton Beach, FL 33435
ci. P.O. Box 310
!o Boynton Beach, Florida 33425-0310
•
Telephone No:(561) 742-6310
October 25. 2024
BID: NEW FENCING, REPAIRS, AND GATE OPERATORS
BID No.: 001-2511-20/EM
Agreement between the City of Boynton Beach and Martin Fence Co.
AGREEMENT RENEWAL TERM: NOVEMBER 5, 2024—APRIL 30, 2025
V Yes, I agree to extend the existing agreement under the same terms, conditions, and pricing on a
not to exceed (180) calendar days on a month-to-month basis or until the City issues a new
award/contract whichever comes first.
No, I do to extend the contract term for the following reason(s)
MARTIN FENCE CO. d /
MARTIN FENCE CO >it //
NAME OF COMPANY "' 7 i 4 ,(f
ROBERT L GREENE PRESIDENT
NAME OF REPRESENTATIVE
TITLE
(please print)
10/28/2024 877 777 3212
DATE (AREA CODE) TELEPHONE NUMBER
RGREENE@MARTINFENCE.COM
E-MAIL
Americo's Gateway to the Gulf Stream
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I,T. z
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ran 0
LIMITED TERM EXTENSION AMENDMENT TO AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND ALPHA FENCE FOR NEW FENCING, REPAIRS, AND GATE OPERATORS
BID NO. 001-2511-20/EM
This Limited Term Extension Amendment ("Amendment") is entered into by and between
the City of Boynton Beach, a Florida municipal corporation ("City"),and Alpha Fence, a Florida
corporation ("Vendor") (collectively referred to as the "Parties").
RECITALS
A. The Parties entered into Contract No. 001-2511-20/EM (the "Agreement") for
New Fencing, Repairs, and Gate Operators.
B. The current term of the Agreement expired on November 4, 2024 and all renewal
options for the Agreement between the City and Vendor have been exercised. I
C. The City is issuing a procurement solicitation to select a vendor and desires to
extend the Term of the Agreement on a limited basis to ensure the City has adequate services
for New Fencing, Repairs, and Gate Operators and to provide time for the issuance of a
competitive solicitation for a new contract.
Now, therefore, in consideration of the mutual terms and conditions, promises,
covenants, and payments hereinafter set forth, the City and Vendor agree as follows:
1. The above Recitals are true and correct and are incorporated herein by reference. All
capitalized terms not expressly defined within this Amendment shall retain the meaning ascribed
to such terms in the Agreement.
2. Except as modified herein, all remaining terms and conditions of the Agreement shall
remain in full force and effect.
3. The Term of the Agreement is hereby extended on a month-to-month basis for an
additional one hundred eighty (180) calendar days, expiring upon the earlier of April 30, 2025, or
execution of a contract under the City's procurement solicitation.
4. In the event of any conflict or ambiguity between this Amendment and the Agreement,
the Parties agree that this Amendment shall control. The Agreement, as amended herein by this
Amendment, incorporates and includes all prior negotiations, correspondence, conversations,
agreements, and understandings applicable to the matters contained herein, and the Parties
agree that there are no commitments, agreements, or understandings concerning the subject
Limited Term Extension Amendment—Alpha Fence Page 1 of 3
matter hereof that are not contained in the Agreement as amended in this
Amendment. Accordingly, the Parties agree that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements, whether oral or written.
5. Vendor acknowledges that through the date this Amendment is executed by Vendor,
Vendor has no claims or disputes against City with respect to any of the matters covered by the
Agreement.
6. The following new sections are added to the Agreement as follows:
(a) Verification of Employment Eligibility. Vendor represents that Vendor and each
subcontractor have registered with and use the E-Verify system maintained by the United
States Department of Homeland Security to verify the work authorization status of all
newly hired employees in compliance with the requirements of Section 448.095, Florida
Statutes, and that entry into this Agreement will not violate that statute. If Vendor
violates this section, City may immediately terminate this Agreement for cause, and
Vendor shall be liable for all costs incurred by City due to the termination.
(b) Prohibited Telecommunications Equipment. Vendor represents and certifies that
Vendor and all subcontractors do not use any equipment, system, or service that uses
covered telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system, as such terms
are used in 48 CFR §§ 52.204-24 through 52.204-26. Vendor represents and certifies that
Vendor and all subcontractors shall not provide or use such covered telecommunications
equipment, system, or services during the duration of the term of the Agreement.
(c) Sovereign Immunity. Except to the extent sovereign immunity may be deemed
waived by entering into this Agreement, nothing herein is intended to serve as a waiver
of sovereign immunity by City, nor shall anything included herein be construed as consent
by City to be sued by third parties in any matter arising out of this Agreement.
(d) Anti-Human Trafficking. On or before the Effective Date of this Amendment,
Vendor shall provide City with an affidavit attesting that the Vendor does not use coercion
for labor or services, in accordance with Section 787.06(13), Florida Statutes.
7. The effective date of this Amendment shall be retroactive to November 4, 2024,
regardless of the later date of complete execution by the Parties.
8. This Amendment may be executed in multiple originals, and may be executed in
counterparts, whether signed physically or electronically, each of which shall be deemed to be
an original, but all of which, taken together, shall constitute one and the same agreement.
(The remainder of this page is blank.)
Limited Term Extension Amendment— Alpha Fence Page 2 of 3
CITY
CITY OF BOYNTON BEACH
By AdlIPP /f 202.9
Ty '- Terga, Mayor
f �pY N To`‘
,/ � O .......O ��,
.ay of g: i .. .- ! 4 �f��..coR grF.,F<.
SEAL : ,
I U: :_
Atte • ' ,II! IA - : INCORPORATED:
City Clerk ++ 1920
11 ... 1920
CITY ATTORNEY'IFFFICE 1``�,Ftom
_3,1. �
Approved as to foJ
nd legality
By: x''//l/f�/,Z�tYCu916
VENDOR
ALPHA FENCE
By
Authorized Signer
C\I c-holkS j uv-Q -our .r
Print Name and Title
2 day of (l Uti e , 2024
SRW
7.2.24
Limited Term Extension Amendment- Alpha Fence Page 3 of 3