R2019-37 Country Club Pool Resurfacing ProjectRESOLUTION 2019-37
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, ACCEPTING THE PROPOSAL OF
FAMILY POOLS INCORPORATED FOR THE POOL RESURFACING
PROJECT AT THE NORTH PALM BEACH COUNTRY CLUB;
AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK
TO AMEND THE CAPITAL PROJECTS FUND BUDGET TO TRANSFER
$437,325.00 FROM THE CAPITAL PROJECTS RESERVE ACCOUNT TO
THE POOL — CONSTRUCTION AND MAJOR RENOVATION CAPITAL
ACCOUNT TO FUND THE PURCHASE; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village issued a Request for Proposals for the Pool Resurfacing Project at the
North Palm Beach Country Club; and
WHEREAS, the Village received three proposals in response to the RFP and, based on the scores
assigned by the selection committee, Village Staff recommended accepting the proposal
submitted by Family Pools Incorporated; and
WHEREAS, the Village Council seeks to amend the current capital projects fund budget to
transfer $427,325.00 from the Capital Reserve Account to the Pool — Construction and Major
Renovation Capital Account to fund this project; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best
interests of the Village and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA, as follows:
Section 1. The foregoing "whereas" clauses are hereby ratified and incorporated herein.
Section 2. The Village Council hereby accepts the proposal submitted by Family Pools
Incorporated for the pool resurfacing project at the North Palm Beach Country Club at a total
cost of $427,325.00, with funds expended from Account No. K8051-66210 (Pool — Construction
and Major Renovation), and authorizes the Mayor and Village Clerk to execute a contract relating
to such services, a copy of which is attached hereto and incorporated herein.
Section 3. In order to fund this expenditure, the Village Council hereby approves a budget
amendment for the transfer of funds as indicated below:
Budget Amendment:
Account
Description
Use
Source
Capital Projects Fund:
K8051-66210
Pool — Construction & Major Renovation
$427,325
K5541-66000
Reserve Expenses — Capital
$427,325
Total:
$4279325
$427,325
Page 1 of 2
Section 4. The Mayor and Village Clerk are hereby authorized and directed to execute the
budget amendment for and on behalf of the Village of North Palm Beach.
Section 5. All resolutions or parts of resolution in conflict with this resolution are hereby
repealed to the extent of such conflict.
Section 6. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 25TH DAY OF APRIL, 2019.
(Village Seal)
ATTEST:
VILLAGE CLERK
Page 2 of 2
AYOR
CONTRACT
This Contract is made as of the—Z-;,5A4ayof Ail I � , 2019 ("Effective Date"), by
and between the VILLAGE OF NORTH PALM BEACH, a municipal corporation organized and
existing under the laws of the State of Florida, hereinafter referred to as VILLAGE, and
FAMILY POOLS INCORPORATED, a Florida corporation, hereinafter referred to as the
CONTRACTOR, whose Federal I.D. is 65-0840033.
In consideration of the promises and mutual covenants herein contained, it is hereby agreed that
CONTRACTOR shall provide to the VILLAGE all goods and services requested under Request
for Proposals for North Palm Beach Country Club Pool Resurfacing Project and as further
stated in CONTRACTOR's Proposal and pursuant to the terms and conditions of this Contract.
ARTICLE 1. SERVICES OF THE CONTRACTOR.
The CONTRACTOR sha11 provide all goods and services as stated in the Proposal Documents
and the Scope of Wark referenced therein and including Alternate No. 2, which are incorporated
herein by reference; in accordance with the CONTRACTOR's Proposal to that degree of care
and skill ordinarily exercised, under similar circumstances, by reputable members of its
profession practicing in the same or similar locality at the time the Work is provided.
ARTICLE 2. TERMICOMMENCEMENT DATE
A. The term of the Contract shall commence upon the Village's issuance of a Notice to
Proceed. All work shall be completed within ninety (90) calendar days of the issuance of the
Notice to Proceed.
B. This Contract and shall remain in effect until the Scope of Work identified in the RFP
and Alternate No. 2 is completed, accepted, paid by the VILLAGE and CONTRACTOR's
warranty period has ended. Any variation to the terms and conditions set forth herein shall be in
writing and signed by both parties.
C. The CONTRACTOR shall not be considered in default by reason of any failure in
performance of the Work if such failure arises out of causes reasonably beyond the control of the
CONTRACTOR or its subcontractors and without their fault or negligence. Such causes include,
but are not limited to: acts of God; natural or public health emergencies; labor disputes; freight
embargoes; unreasonable utility provider delays, unreasonable permitting delays and abnormally
severe and unusual weather conditions.
D. Upon the CONTRACTOR's request, the VILLAGE shall consider the facts and extent of
any failure to perform the Work and, if the CONTRACTOR's failure to perform was without it
or its subcontractor's fault or negligence, the Contract schedule and/or any other affected
provision of this Contract shall be revised accordingly; subject to the VILLAGE's rights to
change, terminate, or stop any or all of the work at any time.
ARTICLE 3. VILLAGE'S REPRESENTATIVE.
Unless otherwise specified by the VILLAGE, the VILLAGE's representative shall be the Village
Parks and Recreation Director.
ARTICLE 4. COMPENSATION AND WTHOD OF PAYMENT.
A. The VILLAGE agrees to compensate the CONTRACTOR in accordance with the.
Ptoposal submitted .b the CONTRACTOR. CONTRACTOR'S Proposal is incorporated herein
by reference; The total and cumulative amount of this contract shall not exceed the amount of funds
budgeted for these services nor shall said fees exceed the amounts as set forth in the Proposal.
B. CONTRACTOR shall submit an invoice(s) to the VILLAGE for said compensation on
the date and time mutually agreed upon by the VILLAGE and CONTRACTOR. All invoice(s)
received from CONTRACTOR pursuant to this Contract will be reviewed and approved by the
VILLAGE's representative, indicating that goods and services have been provided and rendered in
conformity with the Contract and then will be sent to the Finance Department for payment. Invoices
will normally be paid within thirty (30) days following the VILLAGE representative's approval.
C. Services undertaken or expenses incurred that exceed the amount set forth in this Contract
without prior written authorization from the VILLAGE shall be the sole liability of CONTRACTOR.
D. CONTRACTOR waives consequential or incidental damages for claims, disputes or
other matters in question arising out of or relating to this Contract.
E. In order for both parties herein to close their books and records, CONTRACTOR will
clearly state "final invoice" on CONTRACTOR's final/last billing to the VILLAGE. This
certifies that all goods have been provided and services performed and all charges have been
invoiced to the VILLAGE. Since this account will thereupon be closed, any and other further
charges if not properly included in this final invoice are waived by CONTRACTOR. The
VILLAGE will not be liable for any invoice from CONTRACTOR submitted thirty (30) days
after the provision of the required goods and services.
F. If the VILLAGE fails to make any payment due CONTRACTOR for the Work under this
Contract within forty-five (45) days after CONTRACTOR's transmittal of its invoice to the
VILLAGE, CONTRACTOR may, after giving notice to the VILLAGE, suspend the Work under
this Contract until it has been paid in full all amounts due.
G. If the VILLAGE disputes any invoice or part of an invoice, VILLAGE shall notify
CONTRACTOR of such dispute within fifteen (15) days of receipt of the invoice. VILLAGE
reserves the right to off -set, reduce or withhold any payment to CONTRACTOR in accordance
with the terms and conditions of this Contract.
ARTICLE 5. INDEMNIFICATION.
A. To the fullest extent permitted by applicable laws and regulations, CONTRACTOR shall
indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and employees
from and against any and all claims, liability, losses, and/or causes of action arising out of or in
any way related to the services furnished by the CONTRACTOR pursuant to this Contract,
including, but not limited to, those caused by or arising out of any act, omission, negligence or
default of the CONTRACTOR and/or its subcontractors, agents, servants or employees.
B. The CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents,
servants and employees when the occurrence results solely from the wrongful acts or omissions of
the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall survive
completion of all services, obligations and duties provided for in this Contract as well as the
termination of this Agreement for any reason.
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C. Nothing contained in this Contract shall create a contractual relationship with or a cause
of action in favor of a third party against either the VILLAGE or the CONTRACTOR, nor shall
this Contract be construed a waiver of sovereign immunity beyond the limited waiver provided
in Section 768.28, Florida Statutes.
ARTICLE 6. PERSONNEL.
A. CONTRACTOR represents that it has, or will secure at its own expense, all necessary
personnel required to perform the Work under this Contract. Such personnel shall not be
employees of or have any contractual relationship with the VILLAGE.
B. All of the Work required hereunder shall be performed by CONTRACTOR or under its
supervision, and all personnel engaged in performing the Work shall be fully qualified and, if
required, authorized or permitted under state and local law to perform such Work.
C. All of CONTRACTOR's personnel (and all sub -contractors) while on VILLAGE
premises, will comply with all VILLAGE requirements governing conduct, safety, and security.
ARTICLE 7. TERMINATION.
This Contract may be cancelled by CONTRACTOR upon ninety (90) days' prior written notice
to the VILLAGE's representative in the event of substantial failure by the VILLAGE to perform
in accordance with the terms of this Contract through no fault of CONTRACTOR. It may also
be terminated, in whole or in part, by the VILLAGE, with or without cause, upon thirty (30) days
written notice to CONTRACTOR. Unless CONTRACTOR is in breach of this Contract,
CONTRACTOR shall be paid for services rendered to the VILLAGE's satisfaction through the
date of termination.
ARTICLE 8. FEDERAL AND STATE TAX.
The VILLAGE is exempt from payment of Florida State Sales and Use Tax. CONTRACTOR
shall not be exempted from paying sales tax to its suppliers for materials used to fill contractual
obligations with the VILLAGE, nor is CONTRACTOR authorized to use the VILLAGE's Tax
Exemption Number in securing such materials.
ARTICLE 9. INSURANCE.
Prior to commencing any Work, CONTRACTOR shall provide certificates evidencing insurance
coverage as required in the Bid Documents. All insurance, other than Worker's Compensation, to be
maintained by CONTRACTOR shall specifically include the VILLAGE as an Additional Insured.
ARTICLE 10. PAYMENT AND PERFORMANCE BOND.
A. CONTRACTOR be required to furnish a payment and performance bond with a carrier
duly licensed and authorized to do business in the State of Florida, equal to one hundred percent
of the total amount of the contract to assure faithful performance and timely payments to all
persons providing labor, materials or supplies used in the performance of the work.
B. CONTRACTOR shall be required at all times to have a valid payment and performance
bond in force covering the work being performed. A failure to have such a bond in force at any
time shall constitute a default on the part of CONTRACTOR. A bond written by a surety, who
becomes disqualified to do business in the State of Florida, shall automatically constitute a
failure on the part of the selected proposer to meet the above requirements.
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ARTICLE 11. SUCCESSORS AND ASSIGNS.
The VILLAGE and CONTRACTOR each binds itself and its partners, successors, executors,
administrators, and assigns to the other party of this Contract and to the partners, successors,
executors, administrators and assigns of such other party, in respect to all covenants of this
Contract. Except as above, neither the VILLAGE nor CONTRACTOR shall assign, sublet,
convey or transfer its interest in this Contract without the written consent of the other. Nothing
herein shall be construed as creating any personal liability on the part of any officer or agent of
the VILLAGE which may be a party hereto, nor shall it be construed as giving any rights or
benefits hereunder to anyone other than the VILLAGE and CONTRACTOR.
ARTICLE 12. GOVERNING LAW, VENUE AND REMEDIES.
A. This Contract shall be governed by the laws of the State of Florida. Any and all legal
action necessary to enforce the Contract will be held in Palm Beach County.
B. No remedy herein conferred upon any party is intended to be exclusive of any other
remedy, and each and every such remedy shall be cumulative and shall be in addition to every
other remedy given hereunder or now or hereafter existing at law or in equity or by statute or
otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder
shall preclude any other or further exercise thereof.
C. The VILLAGE and CONTRACTOR knowingly, voluntarily and intentionally waive
any right they may have to a trial by jury with respect to any litigation arising out of or in
connection with this Contract.
ARTICLE 13. INDEPENDENT CONTRACTOR RELATIONSHIP.
CONTRACTOR is, and shall be, in the performance this Contract, an Independent Contractor,
and not an employee, agent, or servant of the VILLAGE. All persons engaged in any of the
work performed pursuant to this Contract shall at all times, and in all places, be subject to
CONTRACTOR's sole direction, supervision, and control. CONTRACTOR shall exercise
control over the means and manner in which it and its employees perform the Work.
ARTICLE 14. NONDISCRIMINATION.
CONTRACTOR warrants and represents that all of its employees are treated equally during
employment without regard to race, color, religion, disability, sex, age, national origin, ancestry,
marital status, or sexual orientation.
ARTICLE 15. ENFORCEMENT COSTS.
If any legal action or other proceeding is brought for the enforcement of this Contract, or because
of an alleged dispute, breach, default or misrepresentation in connection with any provisions of
this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable
attorney's fees, court costs and all expenses (including taxes) even if not taxable as court
awarded costs (including, without limitation, all such fees, costs and expenses incident to
appeals), incurred in that action or proceeding, in addition to any other relief to which such party
or parties may be entitled.
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ARTICLE 16. AUTHORITY TO PROVIDE REQUIRED SERVICES.
CONTRACTOR hereby, represents and warrants that it has and will continue to maintain all
licenses and approvals required to conduct its business and provide the services required under
this Contract, and that it will at all times conduct its business and provide the services required
under this Contract in a reputable manner. Proof of such licenses and approvals shall be
submitted to the VILLAGE's representative upon request.
ARTICLE 17. SEVERABILITY.
If any term or provision of this Contract, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this
Contract, or the application of such terms or provision, to persons or circumstances other than
those as to which it is held invalid or unenforceable, shall not be affected, and every other term
and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law.
ARTICLE 18. MODIFICATIONS OF WORK.
A. The VILLAGE reserves the right to make changes in the Work, including alterations,
reductions therein or additions thereto. Upon receipt by CONTRACTOR of the VILLAGE's
notification of a contemplated change, CONTRACTOR shall, in writing, provide a detailed
estimate for the increase or decrease in cost due to the contemplated change.
B. If the VILLAGE elects to make the change, the VILLAGE shall initiate a Contract
Amendment and CONTRACTOR shall not commence work on any such change until such
written amendment is signed by CONTRACTOR and approved and executed by the VILLAGE.
ARTICLE 19. PROTECTION OF WORK AND PROPERTY.
A. CONTRACTOR shall continuously maintain adequate protection of all goods and
services provided pursuant to this Contract from damage, and shall protect the VILLAGE's
property from injury or loss arising in connection with the Contract. Except for any such
damage, injury, or loss, except that which may be directly due to errors caused by the VILLAGE
or employees of the VILLAGE, CONTRACTOR shall provide any necessary materials to
maintain such protection.
B. CONTRACTOR will also take every necessary precaution to ensure the safety of the
VILLAGE, public and other guests and invitees thereof at or near the areas where services are
being performed and throughout the completion of such services.
ARTICLE 20. NOTICE.
All notices required in this Contract shall be sent by certified mail, return receipt requested, and
if sent to the VILLAGE shall be mailed to:
Village of North Palm Beach
Attn: Village Manager
501 U.S. Highway One
North Palm Beach, FL 33408
5
and if sent to CONTRACTOR shall be mailed to:
Family Pools Incorporated
Attn: Frank Russo, President
873 Southwest South Macedo Boulevard
Port St. Lucie, FL 34983
The foregoing names and addresses may be changed if such change is provided in writing to the
other party.
ARTICLE 21. WARRANTY/GUARANTY.
CONTRACTOR warrants that its goods and services under this Contract will be free of defects
in materials and workmanship for a period of one year or longer in accordance with
Manufacturer's Warranty following the provision of said goods and services.
ARTICLE 22. ENTIRETY OF CONTRACTUAL AGREEMENT.
The VILLAGE and CONTRACTOR agree that this Contract sets forth the entire agreement
between the parties, and that there are no promises or understandings other than those stated
herein. None of the provisions, terms and conditions contained in this Contract may be added to,
modified, superseded or otherwise altered, except by written instrument executed by the parties
hereto.
ARTICLE 23. TERMINOLOGY AND CAPTIONS.
All pronouns, singular, plural, masculine, feminine or neuter, shall mean and include the person,
entity, firm or corporation to which they relate as the context may require. Wherever the context
may require, the singular shall mean and include the plural and the plural shall mean and include
the singular. The term "Contract" as used herein, as well as the terms "herein", "hereof',
"hereunder", "hereinafter" and the like mean this Contract in its entirety and all exhibits,
amendments and addenda attached hereto and made a part hereof. The captions and paragraph
headings are for reference and convenience only and do not enter into or become a part of the
context of this Contract, nor shall such headings affect the meaning or interpretation of this Contract.
ARTICLE 24. WAIVER.
Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be
deemed a waiver of that parties' right to enforce or exercise said right(s) at any time thereafter.
ARTICLE 25. PREPARATION.
This Contract shall not be construed more strongly against either party regardless of who was
more responsible for its preparation.
ARTICLE 26. MATERIALITY.
All provisions of the Contract shall be deemed material. In the event CONTRACTOR fails to
comply with any of the provisions contained in this Contract or, exhibits, amendments and
addenda attached hereto, said failure shall be deemed a material breach of this Contract and
VILLAGE may at its option and without notice terminate this Contract.
C
I . ARTICLE 27. EXHIBITS AND CONTRACT DOCUMENTS.
Each exhibit and document referred to in this Contract forms an essential part of this Contract.
The exhibits and other contract documents, if not physically attached, including, but not limited
to the Request for Proposals and the CONTRACTOR's Proposal, should be treated as part of this
Contract and are incorporated herein by reference. Any conflicts among the documents should
be resolved in the following order of precedence: this Contract, the Request for Proposals and
CONTRACTOR's Proposal.
ARTICLE 28. LEGAL EFFECT,
This Contract shall not become binding and effective until approved by the Village Council of
the Village of North Palm Beach.
ARTICLE 29. SURVIVABILITY.
Any provision of this Contract which is of a continuing nature or imposes an obligation which
extends beyond the term of this Contract shall survive its expiration or earlier termination.
ARTICLE 30. DEFAULT.
A. Notwithstanding anything contained in this Contract to the contrary, the parties agree that
the occurrence of any of the following shall be deemed a material event of default and shall be
grounds for immediate termination:
I. The filing of any judgment lien against the assets of CONTRACTOR related to
the performance of this Contract which is not satisfied, discharged or contested in
a court of law within thirty (30) days from the date of notice to the
CONTRACTOR;
2. The filing of a petition by or against CONTRACTOR for relief under the
Bankruptcy Code, or for its reorganization or for the appointment of a receiver or
trustee of CONTRACTOR or CONTRACTOR's property; or an assignment by
CONTRACTOR for the benefit of creditors; or the taking possession of the
property of CONTRACTOR by any governmental officer or agency pursuant to
statutory authority for the dissolution or liquidation of CONTRACTOR; or if a
temporary or permanent receiver or trustee shall be appointed for
CONTRACTOR or for CONTRACTOR's property and such temporary or
permanent receiver or Trustee shall not be discharged within thirty (30) days from
the date of appointment; or
3. Due to circumstances within the control of the CONTRACTOR, CONTRACTOR
fails to provide the goods and services required pursuant to this Contract on
schedule as agreed to by CONTRACTOR in this Contract.
B. CONTRACTOR shall provide written notice to the VILLAGE of the occurrence of any
event of default within five (5) days of CONTRACTOR's receipt of notice or knowledge of any
such default.
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ARTICLE 31. WAIVER OF SUBROGATION.
CONTRACTOR hereby waives any and all rights to Subrogation against the VILLAGE, its
officers, employees and agents for each required policy. When required by the insurer, or should
a policy condition not permit an insured to enter into a pre -loss agreement to waive subrogation
without an endorsement, then CONTRACTOR shall agree to notify the insurer and request the
policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its
equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a
condition to the policy specifically prohibits such an endorsement, or voids coverage should
CONTRACTOR enter into such an agreement on a pre -loss basis.
ARTICLE 31. ADDITIONAL SERVICES.
If during the term of this Contract additional services are needed, CONTRACTOR may, at the option
of the Village Council, be engaged to perform these services under the terms of this Contract.
ARTICLE 32. INSPECTOR GENERAL
CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to
investigate and audit matters relating to the negotiation and performance of this Contract, and in
furtherance thereof, may demand and obtain records and testimony from CONTRACTOR and its
subcontractors. CONTRACTOR understands and agrees that in addition to all other remedies
and consequences provided by law, the failure of CONTRACTOR or its subcontractors to fully
cooperate with the Inspector General when requested may be deemed by the VILLAGE to be a
material breach of the Contract Documents justifying termination.
ARTICLE 33. REPRESENTATIONS/BINDING AUTHORITY.
The persons executing this Contract represent that they have the full power, authority and legal
right to execute and deliver this Contract and perform all of its obligations under this Contract.
ARTICLE 34. TIME IS OF THE ESSENCE/LIOUIDATED DAMAGES.
Time is of the essence in all respects under this Contract, and the parties agree that the
VILLAGE will suffer financial loss if the work contemplated herein is not completed within the
time specified, including any authorized extensions. The parties also recognize the delays,
expense and difficulties involved in proving in a legal proceeding the actual loss suffered by the
VILLAGE if the work is not completed on time. Accordingly, instead of requiring any such
proof, the VILLAGE and CONTRACTOR agree that as liquidated damages for delay (but not as
a penalty) CONTRACTOR shall pay to the VILLAGE an amount equal to $500.00 per day for
each calendar day that expires after the time specified for completion. Liquidated damages may
be deducted from payments due to the CONTRACTOR.
ARTICLE 35. PUBLIC RECORDS.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (561) 841-3355;
NPBCLERKP,VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY ONE, NORTH
PALM BEACH, FL 33408.
E?
In performing services pursuant to this Contract, CONTRACTOR shall comply with all relevant
provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes,
CONTRACTOR shall:
1. Keep and maintain public records required by the VILLAGE to perform the service.
2. Upon request from the VILLAGE's custodian of public records, provide the VILLAGE
with a copy the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida
Statutes, or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
Contract term and following completion of the Contract if the CONTRACTOR does not
transfer the records to the VILLAGE.
4. Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public records in
possession of CONTRACTOR or keep and maintain public records required by the
VILLAGE to perform the services. If CONTRACTOR transfers all public records to the
VILLAGE upon completion of the Contract, CONTRACTOR shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure
requirements. If CONTRACTOR keeps and maintains public records upon completion of
the Contract, CONTRACTOR shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the VILLAGE, upon request
from the VILLAGE's custodian of public records, in a format that is compatible with the
information technology systems of the VILLAGE.
ARTICLE 36. PROHIBITION AGAINST CONTINGENT FEES.
CONTRACTOR warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for CONTRACTOR, to solicit or secure this Contract
and that CONTRACTOR has not paid, or agreed to pay, any person, company, corporation,
individual or firm, other than a bona fide employee working solely for CONTRACTOR, any fee,
commission, percentage, gift, or other consideration contingent upon, or resulting from, aware or
making of the Contract. For the breach or violation of this provision, the VILLAGE shall have
the right to terminate this Contract and its sole discretion, without liability, and to deduct from
the Contract price, or otherwise recover, the full amount of such fee, commission, percentage, fit
or consideration.
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed
this Contract as of the day and year first above written.
CONTRACTOR:
BY: All-
Print
Print Name: FnCXny- Vusso
Title:.. S � C1 -m (,
0
VILLAGE OF NORTH PALM BEACH
BY: �o OtAn Q1,4, on
D RRYL AUB
MAYOR c
ATTEST:
BY:
MELISSA TEAL,
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
VILLAGE ATTORNEY
10
EXHIBIT "B"
PROPOSAL FORM
Request for Proposals for North Palm Beach Country Club
Pool Resurfacing Project
SUBAUT ONE (1) ORIGINAL, FIVE (5) COPIES AND (1) DIGITAL VERSION OF
YOUR PROPOSAL TO:
Village of North Palm Beach
501 U.S. Highway One,
North Palm Beach, FL 33408
Attn: Village Clerk's Office
Proposer's Name: FAMILY POOLS I N C
(Please specify the type of entity, e.g. corporation or partnership)
FEIN No.: 65-0840033
Address: 873 SW SOUTH MACEDO BLVD PT ST LUCIE, FL 34983
Telephone No.: 772-878-8452 Fax Number: 772-785-9558
E -Mail: FRANK@FAMILYPOOLSINC.COM
Pool Resurfacing
In accordance with the terms and conditions stated in the Request for Proposals (RFP), the
undersigned agrees to provide the goods and services described in the RFP meeting all
specifications (excluding Alternates) for the following price:
$ 348,825.00
(Figures)
THREE HUNDRED FOURTY EIGHT THOUSAND EIGHT HUNDRED TWENT&F sVE DOLLARS
(Written Out)
Time of Completion:
90
Calendar Days.
The above amount shall include the required payment and performance bond as stated in
the RFP. Proposer has clearly identified any variations included in the Proposal and
agrees that if the Proposal is accepted by the Village, the Proposer will enter into good faith
negotiations with the Village to enter into a Contract to provide the requested goods and
services.
A thorized Representative's Signature
FRANK RIISSO
Print Name
03/05/2019
Date
PRESIDENT
Position
9
Alternate Proposal #2
Pool Lighting
In accordance with the terms and conditions stated in the Request for Proposals (RFP), the
undersigned agrees to provide the goods and services described in Alternate Proposal #2
set forth in the Scope of Work for the following price (over and above the total price
specified on the Bid Proposal Form above):
$ 78,500.00
(Figures)
SEVENTY EIGHT THOUSAND FIVE HUNDRED ---------------------------Dollars
(Written Out)
Time of Completion: 15 Additional Calendar Days (over and above the total
number of days specified in the Bid Proposal Form above)
Authorized Representative's Signature Date
FRANK RUSSO
Print Name
PRESIDENT
Position