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HomeMy Public PortalAboutinstall letterTOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Memo To: Mayor and Town Commissioners From: Trey Nazzaro, Esq Re: Procurement of Electronic Smart Meter Installation Date: June 3, 2021 At the May 14, 2021 Town Commission Meeting, the Commission authorized the procurement of Electronic Smart Meters to upgrade water meters Town -wide. That procurement was done in May to prevent a shortage of water meters for installation this summer. This separate procurement is being done for installation of those water meters. The Town has identified National Metering Services, Inc. ("NMS") as a company performing Electronic Smart Meter installation in areas throughout Florida at a very reasonable price. The Town is utilizing 2 contracts between NMS and other local Florida Governments (the City of Venice and Indian River County) that was recently awarded (contract dated 2019) and competitively procured. The Town spoke to the Indian River County Utility Finance Manager, Cindy Corrente, who was very pleased with the pricing and performance of NMS. Mrs. Corrente indicated the County was seeking to extend its relationship with NMS because the County was so satisfied with NMS's performance. Due to the large number of meters installed under these contracts, the Town is able to leverage the pricing of much larger government agencies that benefit from economies of scale. The Town's smaller meters will be installed using the per unit price from the City of Venice contract due to certain differences in the installation of the Town's small meters and the County's small meters. This procurement method has been verbally approved by the Palm Beach County Office of the Inspector General. RECOMMENDATIONS: Motion to award a contract to National Metering Services, Inc. not to exceed $29,000 for the installation of electronic smart meters. TOWN OF GULF STREAM AGREEMENT FOR WATER METER INSTALLATION SERVICES THIS AGREEMENT FOR WATER METER INSTALLATION SERVICES ("Agreement") is entered into and effective this day of June, 2021 (the "Effective Date"), by and between the TOWN OF GULF STREAM, a Florida municipal corporation with offices located at 100 Sea Road, Gulf Stream, Florida 33483, organized and existing in accordance with the laws of the State of Florida, hereinafter the "Town"; and National Metering Services, Inc., a New Jersey Corporation registered to do business in the State of Florida with offices located at 163 Schuyler Avenue, PO Box 491, Kearny, NJ, 07032, hereinafter the "Contractor" and collectively with the Town, the "Parties". WITNESSETH The Town and the Contractor, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both Parties, hereby agree as follows: 1. SCOPE OF SERVICES: The Parties hereby agree to enter into this Agreement whereby the Contractor shall provide water meter installation services pursuant to all applicable statutory, licensing and Town code requirements. The Parties agree to enter into this Agreement pursuant to the terms and conditions of the Indian River County water meter installation program for meter installations sizes 1.5" & 2" and the Venice Beach water meter installation program for meter installations sized 5/8, 3/4 & I", which are hereby fully incorporated into this Agreement and attached hereto as Exhibit "A" (Indian River County Agreement) and Exhibit "B" (Venice Beach Agreement ) (collectively, "Piggyback Agreements"). In accordance with the terms and conditions of those Piggyback Agreements, the Parties further agree as follows: Contractor is responsible to repair any damaged lines 3' (three feet) before or after the meter center line for leaks reported within 30 (thirty) days of meter installation; Contractor is not responsible if pipes are damaged from age (fluting) or pre-existing leaks; Contractor shall immediately repair and restore water services should a line break at the time of installation; Town shall assist with customer landscaping interfering with meter replacement; all spoils will be returned to the Town for disposal; Contractor is responsible for site restoration; Contractor will provide electronic files and data entry, customer service, customer notices (mailing) and posting of property after installation with Page 1 of 7 flushing instructions; Town will provide to Contractor customer data not limited to name, address, service address, meter size, and meter serial number; all meters being replaced shall be returned to the Town for recycling. 2. COMPENSATION AND PAYMENT: In consideration for the above Scope of Services, pricing shall be pursuant to the prices provided in the Piggyback Agreements found in Exhibit "A" for 1.5" meters (Meter installation - $88.00 per unit; Meter installation Conversion Union to Flange - $145.00 per unit) and 2" size meters (Meter installation - $105.00 per unit; Meter installation Conversion Union to Flange - $160.00 per unit) and Exhibit "B" for 5/8, 3/4 & 1" size meters (Meter Installation — $36 per unit). The Town is replacing approximately the following quantity and size meters: 2 of the 5/8" size meters, 140 of the 1" size meters, 151 of the 1.5" size meters, and 92 of the 2" size meters. After successful completion of and in consideration for the above Scope of Services, the Town shall pay the Contractor a total amount not to exceed $29,000 in accordance with the aforementioned unit pricing rates. Payment shall be made net 30 days from date of invoice. 3. NOTICE TO PROCEED; DURATION OF WORK: Within 45 (forty-five) days of receipt of the Notice to Proceed, Contractor agrees to commence work and shall complete all work under the Scope of Services within 60 (sixty) calendar days of commencement of work. In accordance with Exhibit "B", time is of the essence in this Agreement, and the Town may retain the sum of $100 (one hundred dollars) per day for each calendar day that the work remains incomplete beyond the time limit, which sum shall represent the actual damage which the Town will have sustained per day and not being a penalty but stipulated damages. Notice to Proceed shall be emailed to President William Castle at wcastle@nmsnj.com with a copy to: National Metering Services, Inc. 163 Schuyler Ave. Kearney NJ, 07032 Attn: William Castle, President 4. INSURANCE: The Contractor shall provide proof of workman's compensation insurance and liability insurance in such amounts as deemed sufficient by the Town and shall name the Town as an "additional insured" on the liability portion of the insurance policy. 5. INDEMNIFICATION: The Contractor shall at all times indemnify, defend and hold harmless the Town, its agents, servants, and employees, from and against any claim, demand or cause of action of whatsoever kind or nature, arising out of error, omission, negligent act, Page 2 of 7 conduct, or misconduct of the Contractor, its agents, servants, or employees in the performance of services under this Agreement. Nothing contained in this provision shall be construed or interpreted as consent by the Town to be sued, nor as a waiver of sovereign immunity beyond the waiver provided in Section 768.28, Florida Statutes. 6. PUBLIC ENTITIES CRIMES ACT: As provided in Sections 287.132-133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the Contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within thirty-six (36) months immediately preceding the date hereof. This notice is required by Section 287.133(3)(a), Florida Statutes. 7. INDEPENDENT CONTRACTOR: It is specifically understood that the Contractor is an independent contractor and not an employee of the Town. Both the Town and the Contractor agree that this Agreement is not a contract for employment and that no relationship of employee —employer or principal —agent is or shall be created hereby, nor shall hereafter exist by reason of the performance of the services herein provided. 8. INSPECTOR GENERAL: Pursuant to Sections 2-421-2-432 of the Palm Beach County Code of Ordinances, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Town shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Town, as well as contractors and lobbyists of the Town in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. 9. E-VERIFY ELIGIBILITY: The Contractor warrants and represents that it is in compliance with Section 448.095, Florida Statutes, as may be amended. No later than January 1, 2021, the Contractor shall: (1) register with and use the E-Verify System (E-Verify.gov) to electronically verify the employment eligibility of all newly hired workers; and (2) verify that all of the Contractor's subconsultants performing the duties and obligations of this Agreement are registered with and use the E-Verify System to electronically verify the employment eligibility of Page 3 of 7 all newly hired workers. The Contractor shall obtain from each of its subconsultants an affidavit stating that the subconsultant does not employ, contract with, or subcontract with an Unauthorized Alien, as that term is defined in Section 448.095(1)(k), Florida Statutes, as may be amended. The Contractor shall maintain a copy of any such affidavit from a subconsultant for, at a minimum, the duration of the subcontract and any extension thereof. This provision shall not supersede any provision of this Agreement which requires a longer retention period. The Town shall terminate this Agreement if it has a good faith belief that the Contractor has knowingly violated Section 448.09(1), Florida Statutes, as may be amended. If the Contractor has a good faith belief that the Contractor's subconsultant has knowingly violated Section 448.09(1), Florida Statutes, as may be amended, the Town shall notify the Contractor to terminate its contract with the subconsultant and the Contractor shall immediately terminate its contract with the subconsultant. In the event of such contract termination, the Contractor shall be liable for any additional costs incurred by the Town as a result of the termination. 10. SCRUTINIZED COMPANIES: For Contracts under $1 M, the Contractor certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and that it is not engaged in a boycott of Israel. The Town may terminate this Agreement at the Town's option if the Contractor is found to have submitted a false certification as provided under Section 287.135(5), Florida Statutes, if the Contractor has been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, or if Contractor is engaged in a boycott of Israel. For Contracts over $1M, the Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes. The Contractor further certifies that it is not engaged in a boycott of Israel, and that it does not have business operations in Cuba or Syria, as similarly provided in Section 287.135, Florida Statutes. The Town may terminate this Agreement at the Town's option if the Contractor is found to have submitted a false certification as provided under Section 287.135(5), Florida Statutes or if the Contractor has been placed on one of the aforementioned lists created pursuant to Section 215.4725, Florida Statutes. Additionally, the Town may terminate this Agreement at the Town's option if the Contractor is engaged in a boycott of Israel or has been engaged in business operations in Cuba or Syria, as defined in Section 287.135, Florida Statutes. Page 4 of 7 11. ATTORNEY'S FEES: In the event a dispute arises concerning this Agreement, the prevailing parry shall be awarded attorney's fees, including fees on appeal. 12. FORCE MAJEURE: The Contractor shall not be considered in default by reason of any failure in performance under this Agreement 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; acts of war; natural or public health emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weather conditions. 13. CHOICE OF LAW; VENUE: This Agreement shall be governed and construed in accordance with the laws of the State of Florida, and venue shall be in Palm Beach County should any dispute arise with regard to this Agreement. 14. AMENDMENTS AND ASSIGNMENTS: This Agreement, all Exhibits attached hereto, and required insurance certificates constitute the entire Agreement between both Parties; no modifications shall be made to this Agreement unless in writing, agreed to by both Parties, and attached hereto as an addendum to this Agreement. The Contractor shall not transfer or assign the provision of services called for in this Agreement without prior written consent of the Town. 15. PUBLIC RECORDS: In accordance with Section 119.0701, Florida Statutes, the Contractor must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in Scope of Services. Upon request from the Town's custodian of public records, the Contractor must provide the Town with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A Contractor who fails to provide the public records to the Town, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Section 119.0701, Florida Statutes, and other penalties under Section 119.10, Florida Statutes. Further, the Contractor shall ensure that any exempt or confidential records associated with this Agreement or associated with the provision of services contemplated herein are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the Contractor does not transfer the records to the Town. Finally, upon completion of the Agreement, the Contractor shall transfer, at no cost to the Town, all public records in possession of the Contractor, or keep and maintain public records required by the Town. If the Page 5 of 7 Contractor transfers all public records to the Town upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the Town, upon request from the Town's custodian of public records, in a format that is compatible with the Town's information technology systems. 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, PLEASE CONTACT THE TOWN CLERK, RECORDS CUSTODIAN FOR THE TOWN, AT (561) 276-51169 OR AT rtaylor(a�$!ulf-stream.orj!, OR AT 100 SEA ROAD, GULF STREAM, FLORIDA 33483. 16. HEADINGS: The headings contained in this Agreement are provided for convenience only and shall not be considered in construing, interpreting or enforcing this Agreement. 17. SEVERABILITY: The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability or any other provision of this Agreement and this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision is not contained herein. 18. WAIVER: No waiver by the Town of any provision of this Agreement shall be deemed to be a waiver of any other provisions hereof or of any subsequent breach by the Contractor of the same, or any other provision or the enforcement hereof. The Town's consent to or approval of any act requiring the Town's consent or approval of any act by the Contractor shall not be deemed to render unnecessary the obtaining of the Town's consent to or approval of any subsequent consent or approval of, whether or not similar to the act so consented or approved. 19. ENTIRE AGREEMENT: This 7 (seven) page Agreement constitutes the entire agreement between the parties; no modification shall be made to this Agreement unless such Page 6 of 7 modification is in writing, agreed to by both parties and attached hereto as an addendum to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. WITNESSES: ATTEST: Rita L. Taylor Town Clerk National Metering Services, Inc. By' ' am Castle, President _ (Corporate Seal) TOWN OF GULF STREAM By: Scott'. Morgai (Seal) Page 7 of 7