Loading...
R11-1331 2 RESOLUTION NO. RI I- 1 3 1 4 A RESOLUTION OF THE CITY COMMISSION OF i5 THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE "PIGGY- BACK" OF A CITY OF WEST PALM BEACH BID NO. 08/09 -05 "TERM CONTRACT FOR BOARD AND SECURE a� SERVICES" WITH ANCHORS EMERGENCY 1� BOARD -UP SERVICES, INC., IN THE ESTIMATED 1� ANNUAL EXPENDITURE OF $35,000; 1 AUTHORIZING THE MAYOR AND CITY CLERK 1s TO EXECUTE AN AGREEMENT WITH ANCHORS 1 EMERGENCY BOARD -UP SERVICES, INC., AND 1R� PROVIDING AN EFFECTIVE DATE. 11� 17 WHEREAS, City staff has confirmed that the City of West Palm Beach has 10 complied with Public Contract Bid requirements which equal or exceed the City of 1� Boynton Beach's requirements; and 2id WHEREAS, upon recommendation of staff, it is the City's desire to "piggy- back" 2'1 a City of West Palm Beach Bid No. 08/09 -05 with Anchors Emergency Board -up 20 Services, Inc., in the estimated annual expenditure of $35,000. 2� NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 2� OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 2� Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed i 2�1 as being true and correct and are hereby made a specific part of this Resolution upon 2V,, adoption. 2pi Section 2. The City Commission hereby approves the "piggy- back" of a City of 89 2g! West Palm Beach Bid No. 08/09 -05 with Anchors Emergency Board -Up Services, Inc., in 30' the estimated annual expenditure of $35,000. 3� Section 3. The City Commission hereby authorizes the Mayor and City Clerk Document in Windows Internet Explorer I l i i� 1 11 1� 1 1 p� 1� 1',7, 1 �! 1� 2b 2h, 2Z 2;3 24 26', 26! 27 2�i 2�i 3 bi 3P� 6 to sign an Agreement with Anchors Emergency Board -Up Services, Inc., a copy of the Agreement is attached hereto as Exhibit "A ". Section 4. That this Resolution shall become effective immediately. rin PASSED AND ADOPTED this day of December, 2011. ATTEST: C VC VII ) *Clerk M. Prainito, MMC CITY OF BOYNTON BEACH, FLORIDA r Mayor /J > guez Vice Ma — William Orlove Com 'ssio r —Woodro L. Hay Commissioner EStven Holzman Commissioner — Marlene Ross Document in Windows Internet Explorer R i1- 1 33 CONTRACT FOR BOARD & SECURE SERVICES This Contract is made as of this 161 day of LkU1 � , 201 by and between ANCHORS EMERGENCY BOARD -UP SERVICES, INC., a Florida Corporation, with offices at 16190 63 Road North, Loxahatchee, Florida 33470 ( "ANCHORS "), and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with an address at 100 East Boynton Beach Boulevard, Boynton Beach, FL 33435 (the "City "). RECITALS WHEREAS, abandoned and /or vacant properties located within the City limits have become a public nuisance since the properties are being accessed by animals and unauthorized individuals; and WHEREAS, ANCHORS, submitted a letter dated November 23, 2011 authorizing the City to piggyback the City of West Palm Beach contract for Board and Secure services; and NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and ANCHORS agree that ANCHORS shall provide Board and Secure Services in the estimated annual amount of $35,000.00 for Board and Secure services based on the West Palm Beach Bid #08/09 -05 "Term Contract for Board and Secure Services ", a copy of which is attached hereto as Exhibit "A ", except as hereinafter provided: A. All references to West Palm Beach, Florida shall be deemed as references to the City of Boynton Beach. B. All Notices to the City shall be sent to: City: Lori LaVerriere, Interim City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Telephone: (561) 742 -6010 /Facsimile: (561) 742 -6090 Copy : James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771 -4500 Facsimile: (954) 771 -4923 Page 1 Document in Windows Internet Explorer C. The letter from ANCHORS dated November 23, 2011, is attached hereto Exhibit C Section 3. In the event that the West Palm Beach, Florida Contract is amended, or terminated, ANCHORS shall notify the City within ten (10) days. In the event the West Palm Beach, Florida Contract is amended or terminated prior to its expiration, this Contract shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. Section 4. ANCHORS agrees that in the event it enters into a Contract for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition, including fees, charges or costs, which the City determines to be more favorable than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City. Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 6. In all other aspects, the terms and conditions of the West Palm Beach, Florida Contract are hereby ratified and shall remain in full force and effect under this Contract, as provided by their terms. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. ATTEST: CITY OF BOYNTON BEACH, FLORIDA ,a, i, t yn' -, , anet . Prainito, MMC, City Clerk APPROVED S T ORM: James A. Cherof, City Attorney I Jose Rod rig yor Page 2 Document in Windows Internet Explorer W TNESSES: I i ANCHORS EMERGENCY BOARD -UP SERVICES, INC. Print Name: Title: f �c,"�►�f/; ATTEST: SEC RET heq - ,utber mar) k-1 C'm Expires W4 q' '�C)o_ IDlh� a6ied FL b L- �a NOTARY PUBT IC-STATE OF FLORIDA Casedne Cherry- Guberman . Commission # DD792144 �• ?.••` Expires: MAY 27, 2012 BONDED rxxo ATtAxxIc a oNDiNQ co, we Page 3 Document in Windows Internet Explorer EXHIBIT A AGREEMENT BETWEEN WEST PALM BEACH AND ANCHORS EMERGENCY BOARD -UP SERVICES, INC. Page 4 Document in Windows Internet Explorer MEMO - - OFFICE OF THE CITY ATTORNEY To: Lois J. Frankel, Mayor From: Nicholas I Igwe, Assistant City Attorney Date: April 2009 Matter No: 08 -07313 Procurement # Re: Execution of Term Contract for Board & Secure Services Anchors Emergency Board -Up Services, Inc. $150,000.00 Transmitted herewith for your signature are two (2) original documents described above. The document has been reviewed and approved for legal sufficiency. You are authorized to execute these documents pursuant to the Procurement Code After you have executed these documents, kindly forward the documents, along with this memo, to the City Clerk's Office. To: Blane Kauthen, City Clerk Transmitted herewith are 2 original documents executed by the Mayor. Please take the actions indicated below with respect to these documents: Y Attest to the execution of the Agreement by the Mayor. Y Insert the date of beneath the Mayor's signature (if not already dated) The Mayor is authorized to execute the document in accordance with* Y Procurement Code. Commission Approval. Resolution No. The document termination date is: May 2012 Note If this is a work authorization, the termination date of the master agreement may differ, The original document should be retained after termination for t 5 additional years Please retain one original as a public record and forward the other original to: ehandre McGee. Contract Specialist Leader. Enaineerincl Services ,h V Cuntrm.l No. 07313 TERM CONTRACT FOR BOARB & SECURE SERVICES THIS CONTRACT is made and entered into by and between the CITY OF WEST PALM BEACH, a municipal corporation of the State of Florida. whose address is 200 2` Street. West Palm Beach. Florida 33401 (the "City") and .ANCHORS EMERGENCV BOARD -UP SERVICES, INC., a f"lorida corporation. whose principal and mailing address is 16190 63" Road North, I.oxahatchee, Florida 33470 (the "Contractor ") WITNESSE'1'H: WHERE the City issued its Invitation to Bid No. 08/09 -08 (11'13 ") pursuant to state and local law to solicit bids to provide the boarding and securing of vacant structures on an as needed basis, and WHEREAS. Contractor is qualified to render said services and has responded to the ITB by submitting its bid (the "Bid "), which Bid was chosen as the best value to the City and is attached hereto as F%hibit "2 ", and WHEREAS. the City wishes to engage Contractor to perform the services in accordance \\ith the 1113, the Bid, this Agreement and the specifications attached hereto (collectively, the "Contract Documents "); and WHEREAS. Contractor has agreed to perform the services, as described below, forthe City in accordance with the ITB, the Bid and the terms and conditions defined below. NOW THEREFORE, in consideration of the promises and mutual covenants and obligations herein contained, and subject to the terms and conditions herein stated. the partics hereto understand and agree as follows: this reli:rencc. Recital The (bregoing recitals are true and correct and are incorporated herein by 1 Scone of Services. Contractor hereby agrees to furnish. on an as needed basis. all the materials. equipment, tools. labor and incidentals necessary for the boarding and securing of vacant private pmpertics within the City limits, in accordance with the scope of services and specifications set forth in Exhibits "1 "and `'T' attached hereto ('the "Services "), subject to and in accordance with the terms, conditions and provisions of the Contract Documents. The Contractor agrees to furnish all equipment and lahor necessary for the performance ofthe Services to a good, firm, substantial and workmanlike manner, in accordance with applicable specifications. No assignment or minimum a riount of \\ork requests or compensation is guaranteed under this Contract. ADL110IN I_mcr i%% Board-( lh S%.-ti , InL I trill C0111T.10 lur Board & Secure Scry JCLl (122 {?00L) Contract No 073 13 2.1 Work Reauests. The Code Enforcement representative will contact the Contractorand issue a work request. Hie Contractor may accompany Code 1~nlorcement personnel to the structure to agree upon the number of openings. The work request will specily the following: 1) number of openings to be boarded; 2) the method of securing plywood to be used; and 3) other work to be completed. Contractor shall perform only those tasks listed on the work request. Contractor will not be compensated for tasks not requested by the City. 2 2 Completion of Work Request. The Contractor shall coin pietc the work request within five (5) working days from the date of the work request. If the work is not completed within five (5) working days from the date of the work request, the City reserves the right to have the work performed by another contractor. 'rhe Contractor will give the City priority when scheduling work assignments. An act of God (rain, hurricane, fire, catastrophe or serious illness) or refusal of the property owner to allow the Contractor to enter on the property shall be the only acceptable reasons I'or the contractor to refuse an assignment or shall be reason to grant an extension of time to the complete the assignment The Contractor shall take before and after photographs of every structure assigned by the City. An instant cantcra photograph is acceptable. 2.3 Contractor's Additional Obli1?ations. Upon arrival at a property where the Contractor observes that the work listed on the work request has been completed or is in the process ol'being performed, the Contractor shall not enter upon the property and shall immediately notify the Code F:nlorcement representative. It' the Contractor should encounter or observe any unusual circurnstances or conditions, the Contractor shall not enter upon the property and shall notify the Code Enforcement representative prior to performing the assigned work. Fire hydrants on or adjacent to the work shall be kept accessible to fire fighting equipment at all times. Temporary provisions shall be made by the Contractor to insure the use of sidevNalks, public telephones and proper functioning of all gutters, sewer inlets, drainage ditches and irrigation ditches. 2 4 Acceptance of Services. Acceptance ol'Serviees performed shall be made by the City after the Code Enforcement representative has inspected the services and determined that the work was completed consistent with the Mork request and in accordance with the Contract documents and 5pecitications 3. 1'erm This Contract shall commence on the date executed b) the City and shall continue and remain in full force and effect for three (,3) years unless terminated cat lier ac provided herein and may be renewed at the sole option of the City, for two (2) additional twelve (12) month period. Option for renewal will only be exercised upon mutual written agreement and with all original terms, conditions and prices adhered to. Unit prices will be negotiated with the Procurement Off icial at the end of the first year ofthe initial term and may be adjusted according to the Consumer Price index (CPI). Any renewal will be subject to appropriation offunds by the City. This Contract Will be subject to immediate cancellation ifthe Services do not comply with the Specifications ati stated herein Anc hur:, 1- niag:n,N Board -t.p Svu inc 7 I cnn (.untr,m for Board R SCLurc Senvitec 112?.12(mN! Contract No 07313 4. Pav►nent. Payment will be made by the City after Services have been perti�nned in accoidance with the requirements and provisions of the Contract Documents, accepted and properly invoiced. The City abides by the local Government Prompt Payment Act. 4.1 Invoices. The Contractor shall submit an invoice for each property address included in a wort. request. The invoice shall include (at a minimum) the following: 1) location of the structure; 2) the date the structure was secured; 3) number of openings; 4) size of openings; 5) unit prices; and 6) name of who authorized the services. Contractor will not be compensated for services not requested by the City. Before and after photographs of the structure shall be submitted with the invoice. No invoice will be paid without before and after photographs of each structure. 4? Flat hates. As compensation for Services rendered by the Contractor to the City, the City shall pay the Contractor according to the flat rates per opening, as set forth with detail in the Bid, attached hereto as Exhibit 12" and incorporated herein by this reference 4.3 1'he anticipated value of this Contract for Services rendered under the initial term shall not exceed the amount ofOne Hundred Fifty Thousand and 00/101) Dollars ($1.50,000.00), The City reserves the right to increase or decrease this amount as necessary to meet actual requirements. ['he obligations ofthe City under this Contract are subject to the availability of fields lawliilly appropriated for its purpose. i 1_ uq ic nt and Personnel Equipment deemed defective by the Code Enforcement Division, or its duly appointed representative, shall be promptly removed from the site Personnel employed either directly or indirectly by the Contractor that are deemed to he incompetent, inept or unfit to perform the Services in the opinion of the Code Enforcement Division. or its duly appointed representative, shall be promptly removed from the Services under this Contract, failure of the Contractor to remove defective equipment or incompetent personnel may result in the termination of this Contract with cause. 6 Termination. The City shall have the right to terminate this Contract, in whole or in part, with or without cause, upon ten (10) days \kri(tcn notice to the Contractor In the event of termination, the City shall compensate the Contractor for all authorized Services satisfactorily per I6rmcd through the termination date under the payment terms set forth herein. I'he City will have no further obligations to Contractor and Contractor will have no claims against City. 7 City's Rialit to Correct or Complete Services. If the Contractor should neglect to prosecute the Services properly or fail to perform any provisions of this Contract, the City, after three calendar days written notice and opportunity to cure to the Contractor, may. without prejudice to any other remedy City may have, make good these deficiencies and may deduct the cost thereof from the pad ment then or thereafter due the Contractor. 3 Damage to Persons or Proncrtv The Contractor shall at all tune guard against damage or loss to the property of the City or other owners and shall be held responsible for replacing or repairing any such loss or damage. The City may withhold payment or make such deductions as \11010ra I rnowm) Board - S%c.. Ira. ILiin (.ontral l for Board & '�,ccure Service% Contract No 07313 deemed necessary to insure reimbursement or replacement for loss or damage to property through the negligence ol'the Contractor or its agents or employees. Any damage caused by the Contractor's vehicles, equipment or employees to City property or to public property shall be promptly repaired and restored to the pre - existing condition by the Contractor at no cost to the City. This includes but is not limited to, damaged or broken water lines, curbs, sidewalks, and streets. I he Contractor is responsible for making these repairs pursuant to any permits or licenses that may be required. '['he responsibility fir all damage to persons or property arising out of or on account of services done under this Contract shall rest upon the Contractor and it shall save the City harmless from all claims made on account of such damages, >. indemnity. Contractor agrees to protect, defend, reimburse, indemnify and hold the City. its agents. employees and elected officers and each ot'them, free and harmless at all times from and against any and all claims, liability, expenses, losses, suits, costs, fines and damages (including attorney Ices and costs) and causes of action of every Lind and character against or from the City by reason of any damage to property or the environment, or bodily injury (including death) incurred or sustained by any party hereto, or of any party acquiring, any interest hereunder, and any third or other party whomsoever. or any governmental agency, arising out of or incident to or in connection with Contractor's performance under this Contract, Contractor's acts, omissions or operations hereunder, or the performance, non - performance or purported peiformances of the Contractor or any breach of the terms of this Contract, to the extent caused by the negligence, recklessness. or intentional wrongful misconduct of Contractor and persons or entities employed or utilized by Contractor in its performance, 'I he terms and requirements of §725.06. Fla. Stat. are incorporated herein by reference 10. Insurance. 10.1 Contractor shall maintain and pay for such insurance as will protect the City from contingent liability under this Contract. 10. 2 Upon execution ofthis Contract, the Contractor shall furnish to the City Certificates of Insurance and policy endorsements or riders in companies acceptable to the City covering: 10.2.1 Workmen's Compensation and Employers I iability coverage applying to all employees for the statutory limits in compliance with applicable state and Federal laws. Coverage must include employer's liability with a minimum limit of $100,000 each accident. 10.2.2 Commercial General Liability, or similar fibrin. shall have minimum limits of $300,000 per occurrence combined single limit for personal injury, bodily injury, and property damage liability. Coverage shall include premises and /or operations, independent contractors, products and /or complete operations, contractual liability and broad form property damage endorsements. Coverage for the hazards ofexplosion, collapse and underground property damage must also be included when applicable to the work to be performed. 10?.3 13 usiness Auto Policy, or similar lbnn, shall have minimum limits ol'$300,000 per occurrence combined single limit for bodily injury and property damage liability, phis shall include owned, hired and non -owned vehicles Anchor, I tnctWnL) Hoard-Up S%ch , Inc 'I emit Contract for hoard K Sei.urc ScrvtLcs 0224'_009 Contract No 07313 10.3 Except for Workers Compensation and Employers Liability, Certificates of Insurance shall clearly evidence that an endorsement was made to include the City of West palm Beach, Florida, its agents, employees and elected officials as "ADDITIONAL NAMED INSURED" with respect to all general liability coverages. 10.4 Required insurance shall support Contractor's agreement of indemnity set forth in Section 9 above and shall so state in said Certificates oflnsurance. 10.5 Certificates of Insurance shall unequivocally provide for a thirty (30) day written notice to the City prior to any adverse change and /or cancellation or non - renewal of coverage. in the event that the statutory liability of the City is amended during; the term of the Contract to exceed the above limits, Contractor shall be required, upon thirty (30) days written notice by the City to provide coverage at least equal to the amended statutory limit of liability of the City. 10.6 The Contractor shall be entirely responsible for securing Certificates of Insurance coverage as set forth above from all subcontractors who arc engaged in these Services. 11. Miscellaneous Provisions: 11.1 I leadint?s. The headings contained in this Contract are provided for convenience only and shall not be considered in construing, interpreting or enforcing this Contract. 11.2 Intevaration. This Contract constitutes the entire agreement between Contractor and the City and supersedes all prior verbal and written agreements, understandings, negotiations and discussions between the parties hereto No verbal agreement or conversation with any officer, agent or employee of the City either before or after execution of this Contract shall affect or modify any of the terms or obligations contained in any of the documents comprising said Contract 11.3 Severabilitv. The invalidity, illegality or unenforeeability of any provision of this Conti act shall not affect the validity, legality or enforceability or any other provision of this Contract and this Contract shall be construed and enforced in all respects as if the invalid, illegal or unenforceable provision is not contained herein 11.4 Assiunment. This Contract may not he assigned by Contractor without the written consent of the City. 'this Contract shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns. 11.5 Snecilic Waiver. Any waiver issued by the City ofany provision of the Contract Documents shall only be effective if issued in writing by the City and shall be specific, shall apply only to the particular matter concerned, and shall not apply to other similar or dissimilar matters. Either party's failure to enforce strict perlonnance of any covenant, term, condition, promise, agreement or undertaking set forth in this Contract shall not be construed as a waiver or Anchors I:mcig:nL)' H11,11CH'r "VC} , Inc "I um Contr.t fogy HOX(1 R `CIUN `ICMLCti 02242009 Contract No 07313 relinquishment of any other covenant, term, condition, promise. agreement or undertaking set forth herein, or waiver or relinquishment of the same covenant, term, condition, promise, agreement or undertaking at any time in the future. 11.6 Force Maicure An act of God, a hurricane, tornado, fire, flood, major storm or other natural disaster or epidemic, war, civil disturbance, terrorist activity, serious illness or government actions beyond the control of'thc Contractor or refusal ofthe property owner to allow the Contractor to enter on the property which results in the prevention or delay ol'performance by the Contractor shall be the only acceptable reasons for the contractor to refuse an assignment or shall be reason to grant an extension oftime to complete the assignment. 11.7 Criminal Acts. Employment by any Contractor of any employees hired by the construction manager with multiple felonies and/or crimes against children will not be tolerated. The Contractor must provide documented proof of efforts to comply with this requirement. i'he City may declare any non - compliance or lack of diligent effort by the Contractor to comply as a breach of contract and immediately terminate the services of the Contractor. 11.8 Compliance with Laws. Contractor shall comply with all applicable City State and Federal laws, codes and regulations relating to the Services and provision of services under this Contract, now or hereafter in effect. Contractor shall comply with all applicable City, State and Federal laws relating to wages, hours, safety and all other applicable laws relating to the employment or protection of employees. now or hereafter in effect. 11.9 Florida Prompt Pavment Act. The City abides by Chapter 2318, Part VII, Florida Prompt Payment Act (ss. 218.70 -218 80) which provides prompt payment, interest payments. a dispute resolution process and payments for all purchases be made in a timely manner for properly executed invoices by local government entities. 11.10 Federal and State Tax. Contractors doing business with the City shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the City, nor shall any Contractor be authorized to use the City's Tax Exemption Number to securing Such materials. 11.11 Small Business Requirements. Contractor shall comply with the City's Small Business Code, Chapter 66 of the City's Code of Ordinances, which is incorporated herein by reference. No Small Business Goal was set (or this Contract. 11.12 No Solicitation. Contractor has not employed or retained any person employed by the City to solicit or secure this Contract and it has not offered to pay, paid, or agreed to pay any person employed by the City any fee, commission percentage, brokerage Ice, or gift of any kind contingent upon or resulting from the award of this Contract. 1 l . t 3 Equal L nlnloyrtlenl ODDortunity: Non - Discrimination. Contractor will not discriminate against any employee or an applicant for employment because of race. color, national Anchors 1 nmg:nc} Iitwrd -I Ip NVLS , Im 6 I crm Contract for noard & ScLurc `crvicc� 022420(y) Contract No 07313 origin, gender, sexual orientation, or physical impairment, 1 1.14 Unauthorised Aliens. The City shall consider the employment by any Contractor of uriauthori•r_ed aliens a violation of section 274A(e) of the Immigration and Nationalization Act. as amended. Such violation shall be cause liar unilateral cancellation of this Contract, 1 l .15 Right to Audit. Contractor shall maintain adequate reeord5 ol'thc services for at least three (3) years from the completion of the Services. City, from time to time, during Contractor's buSincss hours and with at least 24 hours prior notice to Contractor, shall have the right to audit the Contractor's books and records, at the City's expense. with regard to the accounts and services provided to or on behalf of the City hereunder to ensure that all aspects of the Contract are being met. failure by Contractor to permit Such audit shall be grounds for termination of this Contract by the City. 11 16 Public Records Law The Contractor shall allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119. Florida Statutes, and made or received by the Contractor in conjunction with the Contract. Failure by the Contractor to grant Such public access shall be grounds fir immediate unilateral cancellation of this Contract by the City. 11 17 Independent C ontra c tor Contractor acknowledges and agrees that it is an i ndependent contractor of the City and is not an employ ee of the City. Contractor more specifically acknowlcclges that it: will not be eligible to participate in any employee benefit maintained by the City: will not be covered by the City's workers' compensation insurance, and will be solely and exclusively responsible for paymentoi'all federal and state income, social security. unemployment and disability taxes due in respect ol'all compensation and /or other consideration paid by the City to Contractor hereunder. 1 1.l 8 Notices All written notices and other communications required or provided for under this Contract Shall be sent by certified mail, return receipt requested, postage prepaid, in the case of mailing, or by overnight or same day courier, or hand delivered to the following address and person bearing the lollowing title for each party hereto or such other addressee or person as shall be designated by a party in a written notice given in the manner required hereby to City: City of West Palm Beach P.O. Box 3366 / 200 2 "` Street (33401) West Palm Beach, FL 33402 Attn • City Administration to Contractor: [to Contractor at the address listed on the first page of this Contract] 1 1.19 Modification. There may be no modification of this Contract. except in a writing executed with the same formalities as this document. Andim, I mciWnc} HL)drd -Up Secs Inc. '1 erm Connact lit board K ticcure Scn ices Ci„a'OC9 Contract No 07 31 3 1 1 20 1.itiRation. In the event suit is I led to construe or enforce this Contract, the prevailing party In such suit shall be entitled to an award of all costs and expenses incurred in connection therewith, including, but not limited to, reasonable attorneys' tees and costs through trial and appeal, EACH PAR I HEREBY KNOWINGLY, INTENTIONALLY AND IRRFVOCABLY WAIVES THEIR RIG14 f TO A JURY TRIAL IN ANY ACTION RESPECTING 'PHIS AGREFMENT. 11.21 Governint- Law, Venue. This Contract shall be construed and interpreted, and the rights of the parties hereto determined, in accordance Nrith Florida law. "rho City and Contractor submit to the jurisdiction of Florida courts and federal courts located in Florida. The parties agree that proper venue for any suit concerning this Contract shall be Palm Beach County, Florida, or the Federal Southern District of Florida. Contractor agrees to waive all defenses to any suit filed in Florida hatted upon improper venue or Jortmt nonconvenienv. 11.22 "forms; Construction of Contracts. This Contract shall include all other terms and conditions ol'the ITB, as if fully set forth herein. In the event of a conflict between the terms of this Contract, the IT13, and the Bid, the terms of this Contract shall go and prevail 12 Contract Documents, The Contractor agrees to complete all Services in accordance with the lNlowing documents, collcctivel� referred to herein as "Contract Documents ": Exhibit "1" Scope of Services Exhibit "2" Contractor's Bid Exhibit 11 3" Small Business Recommendation Report Exhibit "4" Contractor License Verification !Form Exhibit "5" Non - Collusion Allidavit Exhibit "6" Drug Free Workplace Statement Exhibit "7" Insurance Ccrtificate and Risk Management Compliance Certificate Exhibit "8" Specifications [Remainder of page intentionally left blank.) AndmIN I na.gyny Bilard - Svc~ , Inc l; "I cn i l onlydLl for liwnd K Same Sere iux, 0 -1242UO9 Contract No. 07313 IN WITNESS WHEREOF, the parties execute this Contract through their duty authorized representatives. ATTEST: / CITY OF W T PALM BEACH I / By'�� City Clerk Lois J. Frankel, Mayor Date: �� /� 2 009 I' \102 Code I ntnrLcmcnit\grccnicntsVAnch(-irs, Lniergcm v Board. Secure. 10091, doL IO208- 07313NII CITY ATTORNEY'S OFFICE Approved as to form and fer-M - suf ^ iic , ien�v By. 1 _ I)ate• r 0- C ONTRAurm: ANCHORS EMERGENCY BOARD -UP SERVICES, INC. By: /- Print Name: Kg'jZ t/ Title: � ' " �lf,�'% A IW1101% I mcrg.nc N' Ho,ird -t. p Secs Inc �) I cnn Cun(1;a l liar liueid K Seuirc 5ervitcs 022 12000) EXHIBIT 1 j Invitation to Bid #08109 -08 -REBID Term Contract for Board & Secure Services 1. Purpose and Intent The purpose of this Invitation to Bid is to secure a responsible contractor to enter into a term contract to provide board and secure services for vacant structures within City limits Services will be required on an as needed basis as requested by the City of West Palm Beach The assignments result from violations of City ordinances by owners of property within the City; therefore, the work will be performed primarily on privately owned properties, not City -owned property. The buildings are boarded for safety reasons as well as to minimize criminal activity and help with the overall appearance of the community. It is important the City contract with a reliable and experienced contractor The City will check references to determine the most desirable contractor to assist in meeting the City's goals. The City does not select a contractor solely on low bid but will consider all factors. 2. Scope of Services The Contractor shall furnish all implements, machinery, equipment, transportation, tools, materials, supplies, labor and other things necessary for the performance and completion of the work. The Contractor agrees to complete the work request within five (5) working days from the date of the work request. If the work is not completed within five (5) working days, the City reserves the right to have the work performed by another contractor. The Contractor will give the City Priori when scheduling work assignments. An act of God (rain, hurricane, fire, catastrophe or serious illness) or refusal of the property owner to allow the Contractor to enter on the property shall be the only acceptable reasons for the Contractor to refuse an assignment or shall be reason to grant an extension time to complete the assignment 3. Assignments/Work Requests The Code Enforcement Section representative will contact the Contractor and issue a Work Request The Contractor may accompany Code Enforcement personnel to the site to agree upon the number of openings. The number of properties that need to be boarded varies from year to year The Work Request will specify the following: 1. Number of openings to be boarded; 2. Method of securing plywood to be used; 3. Other work to be completed. NOTE: The average window opening is 36" x 48" and Contractor should base the bid price on the average size. 4. Contractors Additional Obligations Upon arrival at a property where the Contractor observes that the work listed on the work request has been completed or is in the process of being performed, the Contractor must not enter upon the property and must immediately notify the Code Enforcement Section representative. Furthermore, if the Contractor should encounter or observe any unusual circumstances or conditions, the Contractor must not enter upon the property and must notify the Code Enforcement representative prior to performing the assigned work. Fire hydrants on or adjacent to the work shall be kept accessible to fire- fighting equipment at all times. Temporary provisions shall be made by the Contractor to insure the use of sidewalks, public telephones and the proper functioning of all gutters, sewer inlets, drainage ditches and irrigation ditches. The City Engineer may be reached at (561) 494 -1040; the Sanitation Division may be reached at (561) 822 -2075; Code Compliance may be reached at (561) 822 -1465. 5. Term of Contract The contract shall be for a period of thirty-six (36) months with the option to renew for two (2) additional twelve (12) month periods. Option to renew is at the sole discretion of the City. Any renewal will be subject to appropriation of funds by the City of West Palm Beach. Unit prices can be negotiated with the Procurement Official at the end of each one -year period and may be adjusted according to the Consumer Price Index (CPI) or according to other relevant supporting documentation to justify an increase in rate. S. Contract Agreement/Compensation The successful Contractor(s) will be required to enter into a formal agreement with the City of West Palm Beach. At all times during the term of the contract, the successful Contractor shall act as an independent Contractor and at no time shall be considered an agent or partner of the City. The City reserves the right to delete or amend any of the services as listed and described herein. 7. Invoice Documentation The City of West Palm Beach requires an invoice for each property assigned. The invoice should include (at a minimum): 1) Location; 2) Date secured; 3) Number of openings, 4) Size of openings; 5) Unit prices; 6) Authorized by. 8. Termination The Contract may be terminated by the City at any time, with or without cause In the event the Contract is terminated as provided herein, the Contractor shall be reasonably compensated for service rendered to the effective date of such termination, as mutually agreed upon. 9. Additional Information For additional information, Todd Hiteshew, Code Compliance Manager at 561- 822 -1484; for contractual information, Donna Levengood, Assistant Purchasing Manager, at (561) 622 -2103 2 the City f Wesi 'Palm Beach PROCUREMENT DIVISION 1045 Charlotte Avenue West Palm Beach, FL 33401 TEL: (561) 822 -2100 FAX: (561) 835 -0028 "The Capital City of the Palm Beaches' :addendum No. 1 Invitation to Bid 08109 -08 Rebid Term Contract for Board & Secure Services Each recipient of this Addendum No. 1 to the Invitation to Bid (ITB) who responds to the ITB acknowledges all of the provisions set forth in the ITB and agrees to be bound by the terms thereof. This addendum shall modify, clarify, change or add information and clarification and become part of the above referenced ITB. QUESTION & ANSWER Question: "In reviewing the latest information on the term contract for Board & Secure Services (Bid 08/09 -08 Rebid), I can't determine how the city wants the plywood attached to the structures, on page 3 of the specifications it states that the plywood is to be secured on the interior side of the existing openings by using 2" x 4" cross members. As these are existing buildings with I presume existing windows, sliders, garage doors, etc. How is this to be achieved ?" Answer: The plywood is placed on the outside of the opening with the 2" x 4" placed across the inside wall of the opening, attached with carriage bolts to the plywood and the 2"x 4 ". The reason for this method is the plywood can not be unscrewed from the outside Proposers must acknowledge receipt of this Addendum No. 1 in the space provided below This Addendum forms an integral part of the bid documents and therefore must be executed. Failure to return this addendum with your Droposal submittal may be cause for disoualification. Issued By. City of West Palm Beach Procurement Division October 31, 2008 PROPOSER v � Signed By: %Nora W. Laudermilk Procurement Official Signed By: -7 Print Name: ra , -1 -J� Title: :SZ'tl J - 4) )- Date: V /d e End of Addendum # 1 C= of Wes c "'OP Im Beach PROCUREMENT DIVISION 1045 Charlotte Avenue West Palm Beach, FL 33401 TEL: (561) 822 -2100 FAX: (561) 835 -0028 'The Capital City of the Palm Beaches" Addendum No. 2 Invitation to Bid 08109 -08 Rebid Term Contract for Board & Secure Services Each recipient of this Addendum No. 2 to the Invitation to Bid (ITB) who responds to the ITB acknowledges all of the provisions set forth in the ITB and agrees to be bound by the terms thereof. This addendum shall modify, clarify, change or add information and clarification and become part of the above referenced ITB. REVISIONS AND ADDITIONS Page 3, Workmanship: 1) Add as the last sentence: The existing window glass will either need to be removed or moved in such a way as to allow the cross members and the boarding to occur without breaking the glass Page 4, Terms Specific to the Contract 3: The successful contractor must obtain a City of West Palm Beach Business Tax Receipt shall be replaced by: The Contractor must obtain a City of West Palm Beach Business Tax Receipt or at a minimum be registered with the City of West Palm Beach QUESTION S ANSWER Question: 'Thank you for your prompt response, however when reviewing Addendum #1 for the term contract for board and secure services, I did not find any direction as to what to do with the existing windows, sliders, etc. Do you want the contractor to include in his proposal the cost of removing the above mentioned items that are necessary to carry out the work as detailed in the specifications? What is the City's position as to damage that is always possible when removing these types of materials ?" Answer: The only thing to be secured is windows, doors, and sliders that are currently broken, missing, or unsecured. Some may be able to be re- secured simply by locking a window or door. The contractor would need to determine if that is the case. Doors and sliders, if they are beyond being able to be secured, are taken off the hinges and placed in the structure. The window frames are not removed and the glass, if it is still intact, either needs to be removed and placed in the structure (i e. jalousie panes) or moved out of the way (i e. opening the window) in order to place the cross members in the frame. There is not a separate line item on the bid proposal for this 'prep' work, 'prep' work must be taken into consideration and included in the price bid for each opening. The contractor would be responsible for any damages done to the property outside of damage normally expected from securing the opening(s). Proposers must acknowledge receipt of this Addendum No. 2 in the space provided below. This Addendum forms an integral part of the bid documents and therefore must be executed. Failure to return this addendum with vourprornosal submittal may be cause fordisaualiffcation. Issued By: City of West Palm Beach Procurement Division November 6, 2008 PROPOSER Signed By Nora W. Lp'udermilk Procurerrfent Official Signed By: Print Name: ey=w (� - Title: Date /o ln.-r End of Addendum # 2 EXHIBIT A Invitation to Bid Term Contract for Board & Secure Services BID PROPOSAL (Page 1 of 2) 1 Window opening, average size 36 "W x 48 "H 2. Window opening, smaller than 36 "W x 48 "H 3 Window opening, larger than 36"W x 48 "H 4. Exterior door opening 5 Garage opening, 9'W x 7' H (single) 6. Garage opening, 16' W x 7' H (double) 7 Single awning type window 8. Wndow A/C cutout 9. Double picture window 10 Sliding glass door, standard opening Flat Rate per Opening $ 6 1. 70 $ yq, Z $ _. JS PF�SF $ •) V $ _Z,Z $7- 7 > $ $ r 0q- 95 /�) $ 1 0.2 Other Related Costs Proposer shall list all other cost related to securing services which may not be outlined above; or be outside the listed services (i.e. oversized apertures, special conditions, etc.) and the method of pricing: c C M t04F Our A iN :�tJ AjW � - � /� �rEti �r�. C � r, �� ,�'�,c L�,) 9 N Y IVE �,Pcn1.:�VC� ��r �Dc''c•.L'� -''T I1 �F�47t�t." ( r/ 3.'35 .5A.) .4Nr ;xL= A L'CaL fs A. n ):Zr - �3�AS~A Rillt'� :lJiit�i��Yul =� IN : � Icr lam) � :� 7 5 >`)'e� Company OieS ,CM C;c&Y A-1.4 6 - l. A Federal ID #: _65 - I- �� V Q �J /� / Required Authorized By. � ,r? L" A L .f'1� l�(1=�i11 Z, � A j 11 S PA.Sae"VT Signature Print Name Title Address 1, % tld .,' '�d t: ��4 J c)Y .t1�A 1Y'/fi;� fL J✓ Street ' City, State Zip Code Telephone: "'.5 Y - Fax: i- 6 S l - S/ 3 E -Mail Address: ' "l3 , 29SLM IC' &[.'P * Name of Supervisor that would be assigned to this contract 1 ?&LI) 4 Ak N of Telephone. 9 4- r" v- V'r)F i Cell Phone. i Sy' , -36 - 73 13 Invitation to Bid #08109 -08 -REBID Term Contract for Board & Secure Services BID PROPOSAL (Page 2 of 2) Number of Years in Business: y- Number of Full Time Employees: 1 9, State of Incorporation: iL0 e T D 4 Full name and titles of persons or parties as principals of your company: L A.V C toSRS AReS- 6fAJ - 1 C NRI TIA 4) ,r4)A - A Sic C A- ,6 ni 9 State License Number _ - ll.ti ` 9.5.5 County License Number * z_X& rA)( City License Number - : License Type *: &; a0ZA)u (.<-V ;Q *Attach copies of all applicable licenses. Are you a Certified Small Business with the City of West Palm Beach'? Ajor )/,vT ,Aj nacc z If so, attach a copy of your certification. 14 EXHIBIT 3 Procurement Division /Small Business rroaram f �r+ 1045 Charlotte Avenue West Palm Beach, Fl. 33401 -4702 Tel. (561) 822 -2100 Fax (561) 835 -0028 Website- www.wob.ornisbiz Form SB01 Statement of Small Business Participation Instructions: List all Small Businesses that will participate on this project/contract. Only City certified small businesses and Palm Beach County Office of Small Business Assistance (PBC -OSBA) certified Small Businesses can be used to meet the goal established for this projectloontract. Submit this form with your bidiproposal. SECTION I. General Information Bidder or Proposer's Name: l tgJw2s -CjN'r'je C-& V Awquh -61i s4eia 1, Preparer's Name �vr� 'y �$�t. 'J�� 1 Title �jj"�� r ITB or RFP Title:: a,� /'.s,�, -f.g� T ra£' A ject Number: ITS or RFP Number. � �/��1 '��g - R h"�v''"d SS Goal (if established): % Total Base Project/Contract Amount $ SECTION 11. Small Business Participation The firm(s) listed below have agreed to participate in this project or contract. Item Description or Percent of Dollar Percent of Dollar Subcontractor Name Work/Servlce to be Dollar Value Value Value /Base Bid performed Total Bid 1. $ % % 2. $ % % 3. $ % % 4. $ % % 5 $ % % 6 $ % % TOTAL $ % % /J • L r A/1 r/vJ��CI+�u )� +1�c',.1JN C i5VI CIC'• 7 ,• fir SM1h11 :''3J.��NtSS =�vT to AIFIS� Yvrz1. S; 14lr,� l ��t� Preparer's Signature Date. !! y D 17 Procurement Division /Small Business Program 1045 Charlotte Avenue West Palm Beach, Florida 33401.4702 Tel: 561. 822.2100 Fax: 561.835 -0028 Websde: Www.wob.oralsbiz Form SB02 Subcontractors Listing Bidder /Proposer's Name: L + .r J-'. /SAX / /12s Telephone No. _ `�S V - Y' q - / �)G j ITS or RFP Title: r FkM [;�yl; E'A� f ��� f :/4�� {:" �r r g�G� i�t• IT or RFP No.: NOTE: List all subcontractors you invited to bid on this project, whether they were selected or not, including those identified on the Schedule of Subcontractors. Submit this form with your bid. Use additional sheets if necessary. Company Work To Be Pe Contact Telephone Performed Name Person Number 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Print Preparer's Name: e&kfA) Title: ��,';v r Signature: .J /� Date: 4VAr ir-I Procurement Division /Small Business Program o` 1045 Charlotte Avenue r West Palm Beach, Florida 33401.4702 Tel: 551- 822.2100 u t Fax. 561-835-0028 Webslte: www,wpb.orglsbiz Form 5003 Letter of Intent Instructions: The BiddedProposer will complete Section I. The Small Business subcontractor will complete Sections II and III. It is the responsibility of the bidder/Proposer to verify that the undersigned is a City Certified Small Business. Only City of West Palm Beach or Palm Beach Countv Office of Small Business Assistance (PBC•OSBA) certified Small Businesses can be used to meet the aoal established for this projecllcontract. This completed form will be required before contract award. Notel This form needs to be completed for each certified Small Business selected. SECTION I. General Information Proposer's Name: ✓ "{� i _ /�.. ITB or RFP Title: 'T "k-M G•)A1 � ACL �4 �!� ,en r S,�C(fir'� S�,Qi -'TCX ITB or RFP Number: 0 ,1/j -� -, 5 '? — As szo SECTION II. Small Business Participation The undersigned intends to perform the following work pertaining to the above project: Item No. Item Description or Work to be Performed Contract Amount SECTION III. Information on the Small Business Small Business Name: /,1.iJ) QjQ ' rMt L, y , RJ�10 Preparer's Name: Z Tkftv Signature: —c /mot ANr'Il2PC Title: Maz ✓i Date: lZZ y� 19 EXHIBIT STATE OF FLORIDA DSPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING HOARD (850) 487 -1395 ,A 6 TALLAHASSEE STR FL T 32399 -0783 FUXA CHRISTIAN ANCHbRS EMERGENCY BOARD UP SERVICES INC 11958 GREEN OAR DRIVE DAVIE FL 33330 STATE OF FLORIDA AC# 394001 Congratulations! With this license you become one of the nearly one million DEPARTMENT OF BUSINESS AND Floridians!icenaed by the Department of Business and Praiessional Reguladon. PROFESSIONAL REGULATION professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. CDCO58955 08/23/08 088040291 Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.nWforidallconse.com. CERTIFIED BUILDING CONTRACTOR There you can find more information about our divisions and the regulations that FUXA, CHRISTIAN impact you, subscribe to department newsletters and )earn more about the ANCRORS ZXXRGZNCY BOARD UP BSRVI Department's initiatives. Our mission at the Department is. License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new Ilcensel DETACH HERE ACio 3 STATF OF FLORIDA IB CERTI!!IED uedsr the provtelenu o! Ch.489 vs aytroLles "to: AVG 31, 2010 L080823100324 DEPARTMENT STR IN UCTZ�DUSTRYRLICENSINGZBOARD ATION SEM L0808230032 e DA LICENSE NBR 08/23/2008 088040191 ICBCO58955. The BUILDING.CONTRACTOR Named IS- CERTIFIED Under the providions of Chap 489: "FS. Expiration date: AUG 31, 2010 FUXA CHRISTIAN ANCHbRS ENE RGENCY'..$dAR6- *AUP:�.ERVICES INC 11958 GREEN OAK DRIVE .'SS DAVIE FL 33330 CHARLIE CRIST CHARLES W. DRAGO GOVERNOR SECRETARY DISPLAY AS REQUIRED BY LAW Anne M. Gannon, Tax Collector {� PO. Box 3715 West Palm Beach, FL 33402 -3715 www.taxcollectorpbc -com Tel:(581)355 -2272 ANCHORS EMERGENCY BOARD UP FUXA CHRISTIAN (QUALIFIER) ANCHORS KEVIN L 16190 63RD RD N LOXAHATCHEE FL 33470 -5712 Account Number: 2005 -09864 Dear Business Owner This is your new local business tax receipt Please keep the upper portion for your records and detach the bottom of this form. Verfiy the information and display it conspicuously at your place of business, open to the view of the public This receipt is in addition to and not in lieu of any license required by law or municipal ordinance and is subject to regulations of zoning, health, and any other lawful authority (County Ordinance Number 72 -7) Receipts may be transferred to a new owner when evidence of a sale Is provided; the original receipt is surrendered and a transfer fee is paid Receipts may be transferred to a new location when proof of zoning approval is provided; the original receipt is surrendered and a transfer fee is paid. Business name changes require a new receipt This receipt expires onSeptember 30 , 2009 Renewal notices are mailed at the end of June If you do not receive the notice by the end of July, please let us know. I hope you have a successful year Tax Collector '** DETACH AND DISPLAY BOTTOM PORTION, AND KEEP UPPER PORTION FOR YOUR RECORDS P6C TC FORM 221 {05,071 2005 -09864 STATE OF FLORIDA OC -032 PALM BEACH COUNTY LOCAL BUSINESS TAX RECEIPT EXPIRES: SEPTEMBER 30, 2009 CLASSIFICATION ANCHORS EMERGENCY BOARD UP LOCATED AT CNTY $27.50 SERVICES INC FUXA CHRISTIAN (QUALIFIER) 16190 63RD RD N ANCHORS KEVIN L LOXAHATCHEE FL 33470 TOTAL $2750 This receipt is hereby valid for the above address for the period I beginning on the first day of October and ending on the thirtieth day THIS IS NOT A BILL - DO NOT PAY of September to engage in the business, profession or occupation of BUILDING CONTRACTOR CBCO58955 ANNE M. GANNON TAX COLLECTOR, PALM BEACH COUNTY PAID PBC TAX COLLECTOR $27 50 BTR 812 01655327 09/08/2008 THIS DOCUMENT IS VALID ONLY WHEN RECEIPTED BY TAX COLLECTOR Invitation to Bid #08/09 -08 -REBID Term Contract for Board & Secure Services REFERENCES A minimum of three must be provided and the project must have been completed in the past five years. The work must be of a similar type. 1. Name of Company /Agency: I Contact: -,ley /IAJD fMje!J -2 1, '2 11 n n 44T '.-iTA-ATr01C 5:A i -+c a Address: 14-1 AJ. &r"Z /i (Street) (City, State) (Zip Code) Telephone i - 5 - iE; .5.2 Fax. _SG V Description of Work: !3 WO Budget: $ Was project completed on time? 2. Name of Company /Agency 4YrY )A k'ltJi6k4 A,; Aht k Contact: : jn t 1 "O & it 4j .�L/' AJ* ; �. T�.>t' . - yT'l- 3 _ (Name) (Title) (Phone) Address: ;O t mAg ' 4:y,& e jC 6 Aua gxy T 4 Ar -JICif ., 6 2 • (Street) (City, State) (Zip Code) Telephone. S61 - I .3 S3.3 Fax: _.16 3 - 3.S tj Description of W o rk: .i S 'err A 6 .5aVre 0,,I PW oPSA0 ?" W rl` f,W G L1ti 4 Budget: $ Was project completed on time? 3. Name of Company /Agency: (:1 7Y 3,= W", I°.:t W J.� Contact T'7 +7 i ' Tt- :5(Tt'iN Dom" ���t./t���/}it,�' rye 9, r.'� 1� V-4 - 2- l - LC� <<� (Name) (Title) (Phone Address: JJ1 a V ldJ� f'illA( AcllirW% (Street) (City, State) T (Zip Code) Telephone: .56 /- Fax: 5 i s,1,2 Ji f& Description of Work: _jI - ,4 1) i - l'tJ1'.lax; L: TY z I1trmT Budget: $ Was project completed on time? 15 AFFIDAVIT OF PRIME BIDDER Re Non - collusion and Public Entity Crime State of F 10 I? i act } County of - eat r-, �:+f 1 'I'Air tol being first duly sworn, disposes and says that (Name) 1 1 am the PAC- IMM41 of S � irAE C G:'L�CY G'�!912Di (Title) (Name of Company) Bidder that has submitted the attached bid; I am fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such Bid, 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham Bid in connection with the contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of West Palm Beach or any person interested in the proposed Contract, and The following Officer, director or agent of Bidder is also an employee of the City of West Palm Beach waov (if none, write "None "). 6 The following employees of the City of West Palm Beach own, directly or indirectly, an interest of 10% or more in Bidder firm or any of its affiliates or subsidiaries - /tlaN L (if none, write "None ") 7 The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. 8. Neither the Bidder nor any officer, director, partner, shareholder, employee, member or agent, who is active in the management of Bidder, or any affiliate or subsidiary of Bidder has been convicted of a public entity crime or action regarding antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy or material misrepresentation with respect to any bid or contract for goods or services to be provided to any public entity, or has been listed on the state Convicted Vendor List, within thirty - six months prior to the date of Bidder's Bid. r EXHIBIT 9 (Print Name) (Title) The foregoing Affida it . of Bi e, j, regarding Non - Collusion and Public Entity Crime was acknowledged before me this n �dc , II' t ,AL (Date) by A / D� s Z who ' is personally known to me or who has produced and who did /( id notl� take an oath. 1 1� n7j as identification /Otary Public (print & sign name) Commission No, 6 2) LO O) I qI3 03 FaCSa6�l P Of F L EXHIBIT C R City of West Tafm Beach �r1R1 \\ DRUG FREE WORKPLACE CERTIFICATION The undersigned Bidder, in accordance with Florida Statute 287.087 hereby certifies that 119 S,=WV GAS TiVC• does: (Name of Business) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violation of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3 Give each employee engaged in providing the commodities or contractual services that are under this bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities, or contractual services that are under bid, the employee will abide by the terms of the statement, and will notify the employer of any conviction of, or plea of guilty, or noto contendre to any violation of Chapter 1893, or of any controlled substance law of the United States, or any State, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance, or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements Bidders Signature ii /i /OR Date 'J r �{ O Rlv� RISK MANAGEMENT COMPLIANCE CERTIFICATE AND INSURANCE CERTIFICATES PROJECT NAME: This is to certify that I have reviewed the required Insurance Certificate(s) submitted by the Contractor for the above Project, and find that the Contractor has furnished to the City /Owner such Certificate(s) of Insurance by companies acceptable to the City /Owner with regard to type and amount of coverage, as well as form of notice, as stipulated in the Original Agreement. A ze Ann- Marie'Sharpe /ARM -P Risk Manager City of West Pal Beach, Florida This l,--2- day of /��-1l ' EXHIBIT Risk Muplit D3 -02 -2009 11 :D1 FROM-GULFSTREAM INSURANCE +9549623283 T-213 P.001 /001 F -007 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD 1 03/0212009 PRoDuCER (954) 966 - 9993 THIS CERTIFICATE 13 ISSUED AS A MATTER QF INFORMATION Gulfstream Insurance Agenay, Ina, ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS GERTIPICATE DOES NOT AMEND, EXTEND OR 5833 Johnson Street ALTER THE COVERAGE AFFORDED SY THE POLICIES BELOW, M011yvOod FL 33021 - INSURED Anchors Emergency Hoard -Up services 16190 63rd Road, North FL 33405- Loxahatchee YL 33470- INSURER COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY RE 4UIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PCRTAIN TM INSURANCE AFFORDED 9Y THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AG ;RELATE LIMITS SHAWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, IITSR ADbL LTR INTRO TYPE OF INSURANCE POLJCY NUMOER rO1JCY iPFEpo77ryIyE�p DATE Ir1IiAIpBIYVJ Y �F�{{PBtATON OATS IMMIDW " LIMITS A GISUGA" LIABILITY X / / / / -�gw�azm O CCURREh� s L,000,000 P�Mwc:�s TO RENTED 6RCIAL GENE LIABILITY PR MIAP (E. oa,r-nnow S $0,000 CLAMSMADJ; 1XI oceust CL3S91275 06/09/2006 06/0912009 MEDEYP(A2ZwsoasOnl $ 1 PERSONALAADVINIURY s 1 GENEKAL AGGRfiGATE % 2,000,000 GENL AGGREGATE LOOT APPLIES PER I PRODUCTS - COMP/DP AGO I S 1 1 000,000 vEL`T POLICY I 1 LOC AUTOMOEhi LIAM4fTV I / / / COMrI N!08WOU LM17 ANY AUTO IEa am*MI) ] ALL OV^ED AUTOS / / / If RODILY rNJuRY SCHEDULED AUTOS (Per OJISOf1I S HIRED AUTOS / / / / BDDILYtNJURY NON•ONMED AUTOS APR BCOtdoml $ PROPERTY DANVAGG 5 IPer leca m) WAGE LIABILITY AUTO ONLY "EA ACCIDENT I5 ANY AUTO / / / / OYHER THAN EA ACC Is 1 I AVTO DNI Y• AGG Is 1 EXCESSONBREUALIABWTY L FACH 0 CC URRENCE i OCCUR CLAIMS MADE AGGREGATE I DEDUCTIBLE / If / / 5 I S RETENTIO 5 I I ITIew AND WC PIOYlA c I I I I I IT TRAITSI I FR WER. ?RV _ _ _,_ ANY PKDPRIETDRIPARTNER/f_UCUThA I E L EACH ACCIDENT L OFFICEWMEMAER EXCLUDED7 E L DIDEME • EA EMPLOYEE 5 n yea, 06afte wOor SPECIAL PROVISIONS ows. I P,) DISEASE • POL.ICY LIMIT I5 OTHER DSSCKI"GN Of OPBRATIOWWWCATIDM &VENCL6EMOLUSIONE A BY ENDORBBMOMBPEDIAL PROVIBloN6 AD02TIONAL INSVAED: CITT OP WEST PALW aEAcm CERTIFICATE HOLDER ( ) (561) 822 - 1486 Att. Ann Marie Sharpe City of West Palsy Beach 1100 Southern Blvd West Pala Haach ACORD 25 (2001108) *,, INS025 to+orl o5 INSURERS AFFORDING COVERAGE I NAIC 0 I INSURERA: Colony IasUranCe CO. IN yItER e INSURER C _ I ENSURER 0: CANCELLATION SRO" ANY OF WE ABOVE DESCRIBED POLICIES YE CANCELL110 BEFORE THE ' CKPIRATION CATE THEREOF, T149 ISSUING INSURER VNLL ENOlAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTI CATS HOLDER NAMED TO THi 62". BUT PAIW RE TO DO 60 !HALL INI No O TON OR WARM OP ANY KIND UPON rKE INBUR" ITS AD" OR BEN S AUTHORQEO RlPRlSENTATW! m ACORD CORPORATION 1988 ELECTRONIC NA= FORMS, INC - (41000274W Pago 1 of 2 EXHIBIT SPECIFICATIONS Purpose: The purpose of these specifications is to define the acceptable method for boarding up and securing openings in vacant structures for the City of West Palm Beach. Scope of Work: All windows, doors, window air conditioner openings, and all other external wall openings shall be covered and secured in accordance with City Code Section 18 -266 and as directed by City of West Palm Beach personnel. Materials: 1) All exterior wall openings shall be covered with exterior grade plywood with a minimum thickness of 5/8" nominal or its equivalent. 2) All Cross members and bracing shall be 2" x 4" lumber Each cross member shall be a continuous piece of sufficient length to extend 6" past the opening in each direction. 3) Hardware shall consist of 3/8" diameter plated carriage bolts of sufficient length to secure the outer plywood panel with the 2" x 4" bracing. Bolts are secured to wood by using (1) ' / 1 ` ID zinc plated flat washer on the exterior side; and (1) 3/8 " ID zinc plated flat washer and (1) nylon locking nut on the interior side. Method of Securing Material and Process Requirements: 1) Plywood is secured in place by using 2" x 4" cross members (bracing) on the intenor side of the opening. The cross members shall be of appropriate length to extend at a minimum six (6 ") inches past the opening. Each cross member shall be secured to the plywood with a minimum of two (2) carriage bolts with appropriate washers and locking nut. Carriage bolts go thru the 2" thick dimension of the 2" x 4" lumber. The hole in the exterior flat washer is '/2 " ID to allow the insertion of the square underside of the carriage bolt to enter the washer and drilled hole. 2) Each opening shall require a minimum of two (2) cross members. Depending on the size of the opening, additional cross members may be required. City of West Palm Beach personnel shall approve the number of cross members used. Workmanship: 1) Windows: Bolts and nuts used to secure the cross member to the plywood must be tightened enough to slightly deflect the wood. Bolt heads just fit tightly against the wood so as not to allow a gap for pry bar or pliers. 2) Exterior Doors Exterior doors shall be boarded and fitted to the entry doorjamb with a maximum of 1/8 "clearance from each edge. The existing door shall be removed and stored inside the budding. 3) All wall openings shall be secured with plywood panels, cut incurred to the existing window and air conditioning units during the course of the board -up secure operation. Painting of Plywood: 1) All exposed surfaces of plywood and bracing (if applicable) shall be painted with good quality paint using good application practices in a color to match, as closely as possible, the surrounding exterior walls of the building or off -white paint when exterior walls are of natural material, such as brick or stone. P TERMS SPECIFIC TO THE CONTRACT The Contractor shall supervise and direct the work, using qualified labor and proper equipment for all tasks. Safety of the Contractor's personnel and equipment is the responsibility of the Contractor. Additionally, the Contractor shall pay for all materials, personnel, taxes, and fees necessary to perform the work. 2. The Contractor must be duly licensed in accordance with the State of Florida statutory and regulatory requirements to perform the work. The Contractor shall obtain all permits necessary to complete the work. The Contractor shall be responsible for determining what permits are needed. 3. The successful Contractor must obtain a City of West Palm Beach Business Tax Receipt 4. Contractor shall perform only those tasks listed on the work request. Contractor will not be compensated for tasks not requested by the City. 5. The Contractor shall at all times conduct his work as to ensure the least possible obstruction to normal pedestrian and vehicular traffic including access to all public and private properties and inconvenience to the general public and the residents in the vicinity of the work and to insure the protection of persons and property. 6 Any and all defective equipment shall be promptly removed from the site Personnel employed directly or indirectly by the Contractor, who are incompetent, inept, or unfit to perform the work, shall be promptly removed from work covered under the contract. Failure of the Contractor to remove defective equipment or incompetent, inept, or unfit personnel may result in the termination of the contract. 7 The contractor shall not assign, transfer, or subcontract this contract either in whole or in part, without prior written approval of the City of West Palm Beach. 8. The contract will be subject to immediate cancellation if services do not comply with the specifications or the terms and conditions as stated herein. 9 If the Contractor expects to subcontract any portion of the contract for any reason, he must include, in writing, the name and address of the subcontractor, name of the person to be contacted including telephone number and extent of work to be performed. This information shall be submitted with the bid. The City of West Palm Beach reserves the right to reject a bid If the bid names a subcontractor who has previously failed in the proper performance of a City contract or failed to deliver services on time of a similar nature or who is not in a position to perform under this award. 10. Acceptance of work performed will be made by the City of West Palm Beach after the City has inspected the work and determined that the job was completed consistent with the work request and to the satisfaction of this document and fully complies with the specifications herein. 11 Whenever electric or telephone lines, gas lines, water lines or any other improvement, public or private, may be jeopardized by any authorized work done by the Contractor, the proper utility agency and homeowner shall be consulted. 4 EXHIBIT B PROPOSAL FROM ANCHORS EMERGENCY BOARD -UP SERVICES, INC. DATED NOVEMBER 23, 2011 Page 5 Document in Windows Internet Explorer , 4 ANCHORS I EMERGENCY *FIRE November 23, 2011 The City Of Boynton Beach Procurement Division 1003 E. Boynton Beach Blvd. Boynton Beach, FL. 33425 To whom it may concern, ES, INC. I Kevin Anchors, authorize The City of Boynton Beach to Piggyback off of the City of West Palm Beaches contract for Board & Secure. The Invitation to Bid # 08/09 -08 Rebid for the Contract for Board & Secure Services was executed on April 15, 2009. The contract term is for Three years from the date of it being executed with a ( 2 ) additional 12 months period. Thank you for the opportunity to be of service. We look forward to working together with your company in the future. Sincerely Yours, Kevin L. Anchors President _ Tel.: (954) 894 -4067 • Fax: (561 } 651 -0749 1299 Anhinga Drive, Wellington, Florida 33414 State Certified Building Contractor # CBC o58955 The City of Boynton B each City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742 -6060 FAX: (561) 742-6090 e -mail: prainitoj @bbfl.us www.boynton-beach.org TO: Tim Howard Deputy Director of Finance FROM: Janet M. Prainito, MM City Clerk �rl DATE: January 23, 2012 SUBJECT: Rll -133 Contract for Board & Secure Services with Anchors Emergency Board Up services Inc. Attached for your information and file is an executed copy of the agreement mentioned above. Since the document has been fully executed, I have retained the original for Central File. Please contact me if there are any questions. Thank you. Attachment ( Agreement) C: Central File S:ICCIWPIAFTER COMMISSION1Departmental Transmittals1201 IITim Howard R11 -133 EXECUTED.doc America's Gateway to the Gulfstream