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R2024-76 Anchorage Park Dry Storage Renovations ContractRESOLUTION 2024-76 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING AN AGREEMENT WITH E&F FLORIDA ENTERPRISES INC. D/B/A CREATIVE CONTRACTING GROUP FOR RENOVATIONS TO THE ANCHORAGE PARK DRY STORAGE FACILITY AND REPLACEMENT OF DOG PARK FENCING, GATES, AND POSTS AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT; AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLARK TO AMEND THE CAPITAL PROJECTS FUND BUDGET TO TRANSFER $499,091.00 FROM THE CAPITAL RESERVE ACCOUNT TO THE PARKS AND RECREATION — CONSTRUCTION AND MAJOR RENOVATION CAPITAL ACCOUNT TO FUND THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village issued an Invitation to Bid for the renovation of the Dry Storage Facility at Anchorage Park and including replacement of the dog park fencing, gates, and posts as alternates; and WHEREAS, Village Staff recommended accepting the lowest Bid Proposal for the base bid and the alternates submitted by E&F Florida Enterprises Inc. d/b/a Creative Contracting Group and executing an Agreement; and WHEREAS, the Village Council seeks to amend the current Capital Projects Fund budget to transfer $499,091.00 from the Capital Reserve Account to the Parks and Recreation — Construction and Major Renovation Capital Account to fund the Agreement; 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 recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby approves an Agreement with E&F Florida Enterprises Inc. d/b/a Creative Contracting Group for the renovation of the Dry Storage Facility at Anchorage Park and the replacement of the fencing, gates, and posts for two dog parks at a total cost of $415,909.00, with funds expended from Account No. K8028-66210 (Parks and Recreation — Construction and Major Renovation). Including contingency, the total project budget shall be $499,090.80. The Village Council further authorizes the Mayor and Village Clerk to execute the Agreement. Section 3. In order to fund the Agreement, the Village Council hereby approves a budget amendment for the transfer of funds as indicated below and authorizes and directs the Mayor and Village Clerk to execute the following budget amendment for and on behalf of the Village of North Palm Beach: Page 1 of 2 Budget Amendment: Account Description Use Source K8028-66210 Construction & Major Renovation $499,091 K5541-66000 Reserve Expenses - Capital $499,091 Total Capital Projects Fund $499,091 $499,091 Section 4. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 12TH DAY OF SEPTEMBER, 2024. o�•c1OR... (vil§SFORIDA )•• A OR ATTEST: ILLA E CLERK Page 2 of 2 Page | 1 AGREEMENT THIS AGREEMENT is hereby made and entered into this 12th day of September, 2024 by and between the Village of North Palm Beach, a municipal corporation organized and existing under the laws of the State of Florida (hereafter referred to as “Village”), whose address is 501 U.S. Highway One, North Palm Beach, Florida 33408, and E&F Enterprises Inc., a Florida corporation d/b/a Creative Contracting Group (hereafter referred to as “Contract”), whose address is 3141 Fortune Way, Suite 16, Wellington, Florida 33414. WHEREAS, the Village desires to retain the services of the Contractor to provide the goods and services in accordance with the Village’s Invitation to Bid for Dry Boat Storage Renovation and Contractor’s response thereto, all of which are incorporated herein by reference. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, Contractor and the Village agree as follows: ARTICLE 1. INCORPORATION OF INVITATION TO BID The terms and conditions of this Agreement shall include and incorporate each of the terms, conditions, and specifications set forth in the Village’s Invitation to Bid for Dry Boat Storage Renovation at Anchorage Park, and Contractor’s Bid Proposal submitted in response to the Invitation to Bid, including all documentation required thereunder. ARTICLE 2. DESCRIPTION OF GOODS OR SCOPE OF SERVICES Contractor shall provide the goods and perform those services identified in the specifications accompanying the Village’s Invitation to Bid, which are incorporated herein by reference (“Work”). The Work shall include the base bid, in addition to the three Alternates relating the replacement of the dog park fencing, gates and posts for two of the three dog parks. ARTICLE 3. COMPENSATION The Village shall compensate Contractor in accordance with Contractor’s Bid Proposal submitted in response to the Invitation to Bid, a copy of which is attached hereto and incorporated herein, according to the terms and specifications of the Invitation to Bid. ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: Docusign Envelope ID: AA9FBC92-1565-47F2-937E-D4F21A484A47Docusign Envelope ID: 586D0642-1AA3-451F-A249-C0D3973D7FAE Page | 2 i. As to the Village: Village of North Palm Beach 501 US Highway One North Palm Beach, Florida 33408 Attn: Village Manager Email: chuff@village-npb.org ii. with a copy to: Village of North Palm Beach 603 Anchorage Drive North Palm Beach, Florida 33408 Attn: Director of Leisure Services Email: zsherman@village-npb.org iii. As to the Contractor: E&F Florida Enterprises Inc. d/b/a Creative Contracting Group 3141 Fortune Way, Suite 16 Wellington, Florida 33414 Attn: Lisa Addis, Vice President E-mail: creativecontractor@comcast.net b. Headings. The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. c. Effective Date. The effective date of this Agreement shall be as of the date it has been executed by both the parties hereto. ARTICLE 5. CONTRACT TERM a. This Contract shall remain in effect until such time as the Work is completed, inspected, and accepted by the Village, provided, however, that any obligations of a continuing nature shall survive the expiration or termination of the Contract. b. The Work shall be commenced subsequent to execution and approval of this Contract by the Village and upon written notice from the Village to Contractor to proceed and shall be completed within one hundred and twenty (120) calendar days. ARTICLE 6. E-VERIFY Contractor warrants and represents that Contractor and all subcontractors are in compliance with Section 448.095, Florida Statutes, as may be amended. Contractor has registered to use, and shall continue to use, the E-Verify System (E-Verify.gov) to electronically verify the employment eligibility of newly hired employees and has received an affidavit from each subcontractor stating that the subcontractor does not employ, contract with or subcontract with unauthorized aliens. If the Village has a good faith belief that Contractor has knowingly violated Section 448.09(1), Florida Statutes, the Village Docusign Envelope ID: AA9FBC92-1565-47F2-937E-D4F21A484A47Docusign Envelope ID: 586D0642-1AA3-451F-A249-C0D3973D7FAE Page | 3 shall terminate this Contract pursuant to Section 448.095(2), Florida Statutes, as may be amended. If the Village has a good faith belief that a subcontractor has knowingly violated Section 448.09(1), Florida Statutes, but Contractor has otherwise complied, it shall notify Contractor, and Contractor shall immediately terminate its contract with the subcontractor. ARTICLE 7. 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; NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY ONE, NORTH PALM BEACH, FL 33408. 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: a. Keep and maintain public records required by the Village to perform the service. b. 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. c. 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. d. 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. Remainder of this page is intentionally left blank.) Docusign Envelope ID: AA9FBC92-1565-47F2-937E-D4F21A484A47Docusign Envelope ID: 586D0642-1AA3-451F-A249-C0D3973D7FAE Page | 4 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. VILLAGE OF NORTH PALM BEACH, FLORIDA SEAL] By: Susan Bickel, Mayor ATTEST: By: Jessica Green, Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Leonard G. Rubin, Village Attorney CONTRACTOR E&F ENTERPRISES D/B/A CREATIVE CONTRACTING GROUP By: Print Name: Title: WITNESS: By: Print Name: Docusign Envelope ID: AA9FBC92-1565-47F2-937E-D4F21A484A47 Lisa Addis V.P. Docusign Envelope ID: 586D0642-1AA3-451F-A249-C0D3973D7FAE AFFIDAVIT 1. I am over 18 years of age and otherwise competent to affirm the matters set forth in this Affidavit, which are based on my personal knowledge. 2. I am an officer or authorized representative of E&F Florida Enterprises Inc. d/b/a Creative Contracting Group. 3. E&F Florida Enterprises Inc. d/b/a Creative Contracting Group does not use coercion for labor or services as defined in Section 787.06, Florida Statutes. Under the penalties of perjury, I declare that I have read the foregoing affidavit and that the facts stated in it are true. By: __________________________________ Print Name: Title: Docusign Envelope ID: AA9FBC92-1565-47F2-937E-D4F21A484A47 V.P. Lisa Addis Docusign Envelope ID: 586D0642-1AA3-451F-A249-C0D3973D7FAE