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R25-102
1 RESOLUTION NO. R25-102 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING AN AGREEMENT WITH BARNEY'S 5 PUMPS, INC., A SOLE SOURCE VENDOR, TO PROVIDE PUMPS, PARTS, 6 AND ACCESSORIES FOR LIFT STATIONS IN AN AMOUNT NOT TO 7 EXCEED $400,000.00 ANNUALLY; AND FOR ALL OTHER PURPOSES. 8 9 WHEREAS, the City of Boynton Beach ("City") oversees and maintains 171 wastewater lift 10 stations throughout its service area; and 11 WHEREAS, each of these lift stations contains two or more pumps which are essential for 12 conveying wastewater collected from homes and businesses to the South Central Regional 13 Wastewater Treatment Plant ("SCRWWTP") for processing and treatment; and 14 WHEREAS, the Utilities Department budgets annually for replacement pumps in its Capital 15 Improvement Plan for equipment reaching the end of useful life; and 16 WHEREAS, maintaining properly functioning pumping equipment is vital to the efficient 17 operation of the City's wastewater collection system; and 18 WHEREAS, Barney's Pumps, Inc. is the sole provider of parts and equipment maintenance 19 for HOMA products, OEM parts, service repairs, and warranty for HOMA Pump Technologies, Inc. 20 used by the City's Utilities Department; and 21 WHEREAS, this purchase is being made pursuant to the Sole Source Procurement 22 Exemption outlined in Section X, Alternatives to Formal Sealed Bids, of the procurement policy, 23 which permits sole source services and purchases when it is determined that only one viable 24 source is available; and 25 WHEREAS, Barney's Pumps, Inc. has submitted the required documentation to the City, 26 and the Procurement Division has affirmed that the documentation for this purchase meets the 27 criteria for the Sole Source Procurement Exemption; and 28 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 29 best interests of the City's citizens and residents to approve an Agreement with Barney's Pumps, 30 Inc., to provide HOMA pumps, parts, accessories, and any required service repairs in an amount 31 not to exceed $400,000.00 annually. 32 33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 34 BEACH, FLORIDA, THAT: 35 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 36 being true and correct and are hereby made a specific part of this Resolution upon adoption. 37 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 38 approve an Agreement with Barney's Pumps, Inc., to provide HOMA pumps, parts, accessories, 39 and any required service repairs in an amount not to exceed $400,000.00 annually (the 40 "Agreement"), in form and substance similar to that attached as Exhibit A. 41 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 42 authorizes the Mayor to execute any ancillary documents as may be necessary to accomplish the 43 purpose of the Agreement, including any term extensions as provided in the Agreement, provided 44 such documents do not modify the financial or material terms. 45 SECTION 4. The City Clerk shall retain the fully executed Agreement as a public record 46 of the City. A copy of the fully executed Agreement shall be provided to Theresa Gonzalez to 47 forward to Barney's Pumps, Inc. 48 SECTION 5. This Resolution shall take effect in accordance with law. 49 [SIGNATURES ON THE FOLLOWING PAGE] 50 51 PASSED AND ADOPTED this l54 day of Apr% 1 2025. 52 CITY OF BOYNTON BEACH, FLORIDA 53 YES NO 54 Mayor— Rebecca Shelton 55 56 Vice Mayor—Woodrow L. Hay 57 58 Commissioner—Angela Cruz 59 t - 60 Commissioner—Thomas Turkin 61 V 62 Commissioner—Aimee Kelley 63 64 VOTE 14-0 65 A is T: 66 67 a, flo fa..-- / WI 68 Mayl-e h- Jesus, MP MMC Rebecca Shelton 69 City Cl- Mayor 70 '0`l NTO/y :‘� 71 ,%4�•......TF.: ,1111 APPROVED AS TO FORM: 72 (Corporate Seal) :°: Al;c'y of 73 $ b: SEA 1i 74 °i�, : INCDRgrLo i _Je4a1(//74. U2 gni' 1 1 ' 75 y Shawna G. Lamb p, 76 F!_OE' City Attorney V OF m \ U O'/ N 0�P AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BARNEY'S PUMPS, INC., FOR HOMA SUBMERSIBLE PUMPS, PARTS AND ACCESSORIES This Agreement is made as of this 15 day of April , 2025 , by and between Barney's Pumps, Inc., with a principal address of 12080 NW 40th Street, Coral Springs, FL 33065, hereinafter referred to as "Vendor," and the CITY OF BOYNTON BEACH, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Avenue, Boynton Beach, Florida 33435, hereinafter referred to as "City." In consideration of the mutual benefits,terms, and conditions hereinafter specified,the Parties agree as set forth below. WHEREAS, the City needs to purchase pumps, parts, and accessories for the lift stations, and WHEREAS, the Vendor is the Sole Source, to provide HOMA products, OEM Parts, service repairs, and warranty for HOMA Pump Technologies, Inc. Pumps; and WHEREAS, per the procurement policy, SECTION X. ALTERNATIVES TO FORMAL SEALBIDS 5. Allows for Sole Source Services and Purchases, and WHEREAS, the definition of a Sole Source Purchase allows an award for Commodities, Services, or a construction item without competition when it is determined that there is only one source available. WHEREAS, This may include, without limitation, repairs or additions from the original equipment manufacturer, only supplier in the area, franchised or licensed distributor or service, or patented or propriety item, and WHEREAS, the Vendor has provided the applicable letter to the City that meets the Sole Source Procurement Exemption, and WHEREAS, the City desires to engage Vendor to provide HOMA pumps, parts, and accessories (the "Goods") on an as-needed basis; and WHEREAS, Vendor has agreed to provide the Goods in accordance with the terms and conditions set forth herein. Sole Source Agreement-Barney's Pumps,Inc. I NOW THEREFORE, for and in consideration of the mutual covenants and promises as hereinafter set forth and of the faithful performance of such covenants and conditions, the City and Vendor do hereby agree as follows: 1. GOODS: Vendor shall provide all equipment, materials, and labor necessary to provide Goods on an as-needed basis. Vendor shall provide all Goods and perform any services diligently, carefully, and thoroughly consistent with good business practice. Time shall be of the essence concerning all matters outlined in this Agreement. Vendor shall warrant that the Goods be free from improper workmanship and defective materials for the period specified in each quote or Task Order. 2. METHOD OF ORDERING GOODS: a. Direct Orders. Orders valued at less than $10,000 total, or which, in the City's determination, requires immediate acquisition, may be ordered by the City under this Agreement, as needed, without issuing a Task Order. City staff shall confirm such request for Goods via email to the Vendor describing the quantity and type of Goods,fee, delivery time, and reference to this Agreement.All such Goods shall be provided and invoiced under the terms of this Agreement. Orders shall not be broken out into smaller direct orders to avoid the issuance of a Task Order. Upon completion of each delivery, the Vendor will submit an individual invoice of said order indicating the date of delivery, the description and quantity of the goods, and the rates charged in accordance with the Agreement. b. Task Orders. The City may issue a Task Order for purchases valued at $10,000 or more and/or for specific orders that may require a detailed scope of work, specific delivery dates, or other special terms necessary for the task. Such Task Orders will be in a format similar to the Task Order attached to this Agreement as Exhibit A. All terms and conditions of the Agreement will apply to each Task Order. The Mayor is authorized to execute Task Orders up to the threshold in the City's procurement policy (currently set at $50,000). Any Task Order in excess of the then-current procurement policy threshold shall require approval of the City Commission. Upon completion of each work task, the Vendor will submit an individual invoice for each Task Order, a copy of the related Task Order, and any other documents required by this Agreement or the applicable Task Order. 3. TIME FOR PERFORMANCE: Work under the Agreement and any applicable Task Order shall commence upon the City giving written notice to the Vendor to proceed along with a purchase order. Vendor shall provide all Goods and perform all services required pursuant to this Agreement. Time is of the essence for Vendor's performance of the duties, obligations, and responsibilities required by this Agreement. 4. FEE: As compensation for Goods provided and services rendered by Vendor to the City, the City shall pay the Vendor an annual amount not to exceed Four Hundred Thousand Dollars ($400,000) ("Fee"). The Fee is based on the Rates outlined in the Fee Schedule attached hereto as Exhibit B, and incorporated into this Agreement by reference. Any Sole Source Agreement-Barney's Pumps,Inc 2 pumps, parts, and accessories shall be billed at the then-current catalog price, with any applicable discounts. The Fee shall be the sole compensation paid to Vendor in connection with the provisions of Goods and rendition of the services and the performance of any and all of its other obligations under this Agreement and shall include any out-of-pocket or other expenses, including travel expenses, incurred by Vendor. 5. TERM: This Agreement shall be for an initial term of three (3) years, commencing on April 16 , 2025 , and shall remain in effect through April 15 2028 ("Initial Term"), unless otherwise terminated or extended as provided in this Agreement. The City reserves the right to renew the Agreement for two (2) additional one-year renewal terms (each an "Extension Term") on the same terms and conditions stated in this Agreement, subject to Vendor's satisfactory performance as determined by the City, determination by the City that renewal will be in the best interest of the City, and confirmation that Vendor is the sole source to provide the Goods. The Mayor is authorized to execute the term extension amendment(s). If Vendor requests a rate change at the time of renewal, such change shall not become effective until a written amendment is approved by the City Commission and duly executed by the Parties. 6. NOTICES: All Notices to the City shall be in writing by certified mail return receipt requested, or customarily used overnight transmission with proof of delivery, sent to: City: Daniel Dugger, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 Copy: Shawna G. Lamb, City Attorney City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010/ Facsimile: (561) 742-6090 Vendor: Barney's Pumps, Inc. P.O. Box 3529 Lakeland, FL 33802 Telephone: 863-665-8500 Email: kingj@barneyspumps.com 7. INVOICES AND PAYMENT: Invoices must identify the PO number and should be mailed to: Boynton Beach Finance Department Attn: Accounts Payable Sok Source Agreement-Barney's Pumps,Inc. 3 P.O. Box 310 Boynton Beach, FL 33425. Invoices shall show the type and quantity of the Goods and dates(s) of delivery. Invoices may be submitted after such Goods are delivered; however, all Goods delivered before September 30th of any given year must be invoiced by September 30th of that year. Vendor shall provide a W-9 with the first invoice. Payment shall be made only for Goods actually ordered and received pursuant to this Agreement. The fee shall be paid based on receipt of a proper invoice in accordance with the invoice schedule indicated above. Payment will be made within 45 days of receipt of a proper invoice in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by Vendor, either wholly or in part, and no payment shall be construed to be an acceptance of or to relieve Vendor of liability for the defective, faulty, or incomplete rendition of Goods and services. 8. TAX EXEMPT: Prices applicable to the City do not include applicable state and local sales, use, and related taxes. The City is exempt from state and local sales and use taxes and shall not be invoiced for the same. Upon request, the City will provide the Vendor with proof of tax-exempt status. 9. SOVEREIGN IMMUNITY: Nothing contained in this Agreement nor contained herein shall be considered nor construed to waive the City's rights and immunities under the common law or section 768.28, Florida Statutes, as may be amended. 10. ATTORNEY'S FEES: In the event that either Party brings suit to enforce the Agreement, each Party shall bear its own attorney's fees and court costs. 11. PUBLIC RECORDS:The City is a public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida's Public Records Law. Specifically, the Vendor shall: A. Keep and maintain public records required by the City to perform the service when utilizing non-City-owned equipment; B. Upon request from the City's custodian of public records, provide the City with a copy of 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, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Vendor shall destroy all copies of such confidential and exempt records remaining Sole Source Agreement-Barney's Pumps,Inc. 4 in its possession once the Vendor transfers the records in its possession to the City; and D. Upon completion of the contract, Vendor shall transfer to the City, at no cost to the City, all public records in Vendor's possession. All records stored electronically by Vendor must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. E. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk@bbfl.us 12. SCRUTINIZED COMPANIES - 287.135 AND 215.473: By execution of this Agreement, Vendor certifies that Vendor is not participating in a boycott of Israel. The Vendor further certifies that Vendor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Vendor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Vendor of the City's determination concerning the false certification. The Vendor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Vendor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Vendor does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 13. E-VERIFY: Vendor shall comply with Section 448.095, Fla. Stat., "Employment Eligibility," including the registration and use of the E-Verify system to verify the work authorization status of employees. Failure to comply with Section 448.095, Fla. Stat. shall result in termination of this Agreement. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. Sole Source Agreement-Barney's Pumps,Inc. 5 If this Agreement is terminated for a violation of the statute by Vendor, Vendor may not be awarded a public contract for a period of one (1) year after the date of termination. 14. DISPUTES: Any disputes that arise between the parties regarding the performance of this Agreement and cannot be resolved through negotiations shall be submitted to a court of competent jurisdiction exclusively in Palm Beach County, Florida.This Agreement shall be construed under Florida Law. 15.TERMINATION FOR CONVENIENCE: This Agreement may be terminated by either Party for convenience upon fourteen (14) calendar days of written notice, in which event the Vendor shall be compensated for Goods provided and services performed through the termination date. 16.TERMINATION FOR CAUSE: In addition to all other remedies available to the aggrieved Party,this Agreement shall be subject to cancellation by either Party for cause, should the other Party neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) calendar days after receipt by the defaulting Party of written notice of such neglect or failure. 17. INDEMNIFICATION: Vendor shall indemnify and hold harmless the City and its elected and appointed officers, agents, assigns and employees, consultants, separate Vendors, any of their subcontractors, or sub-subcontractors (collectively, "Indemnified Party"), from and against claims, demands, or causes of action whatsoever, and the resulting losses, damages, costs, and expenses, including but not limited to attorneys' fees, including paralegal expenses, liabilities, damages, orders, judgments, or decrees, sustained by the Indemnified Party arising out of or resulting from (A) Vendor's performance or breach of Agreement, (B) acts or omissions, negligence, recklessness, or intentional wrongful conduct by Vendor's, its agents, employees, subcontractors, participants, and volunteers, and (C) Vendor's failure to take out and maintain insurance as required under this Agreement. Vendor shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature against an Indemnified Party, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. The obligations of this section shall survive indefinitely regardless of termination of the Agreement. If considered necessary by the City and the City Attorney, any sums due Vendor under this Agreement may be retained by the City until all claims subject to this indemnification obligation have been settled or otherwise resolved.Any amount withheld shall not be subject to payment of interest by the City. 18. INSURANCE: At the time of execution of this Agreement, the Vendor shall provide the City with a copy of its Certificate of Insurance reflecting the following insurance coverage: Workers' Compensation Insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. Sole Source Agreement-Barney's Pumps,Inc In addition, the policy(ies) shall include Employer's Liability with limits of One Million Dollars ($1,000,000.00) each accident, One Million Dollars ($1,000,000.00) each condition, and One Million Dollars ($1,000,000.00) aggregate by condition. ii. Comprehensive General Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability shall include: 1. Premises and/or Operations on an occurrence basis. 2. Completed Operations Liability on an occurrence basis. 3. Broad Form Property Damage. 4. Broad Form Contractual Coverage applicable to this specific Agreement, including any hold harmless and/or indemnification agreement. The Certificate of Insurance shall name the City of Boynton Beach and its officers, employees, and agents as additional insured. 19. LIMITATION OF LIABILITY: Notwithstanding any provision of the Agreement to which it is applicable, City shall not be liable or responsible to Vendor beyond the amount remaining due to Vendor under the Agreement, regardless of whether said liability be based in tort, contract, indemnity or otherwise; and in no event shall City be liable to Vendor for punitive or exemplary damages or lost profits or consequential damages. 20. INDEPENDENT CONTRACTOR: The Agreement does not create an employee/employer relationship between the Parties. The Parties intend that Vendor is an independent contractor pursuant to the Agreement and shall not be considered the City's employee for any purpose. Vendor shall not have the right to bind City to any obligation not expressly undertaken by City under this Agreement 21. COMPLIANCE WITH LAWS: Vendor hereby warrants and agrees that at all times material to the Agreement, Vendor shall perform its obligations in compliance with all applicable federal, state, and local laws, rules, and regulations, including section 501.171, Florida Statutes. Non-compliance may constitute a material breach of the Agreement. 22. ASSIGNMENT: If this Agreement and any interests granted herein shall be assigned, transferred, or otherwise encumbered under any circumstances by Vendor, Vendor must gain prior written consent from City thirty (30) business days before such transfer. For purposes of this Agreement, any change of ownership of the company shall constitute an assignment that requires the City's approval. Notwithstanding the foregoing, Vendor may, without City's consent, assign this Agreement in whole or in part as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets related to this Agreement. Vendor shall provide City written notice of any such corporate reorganization, consolidation, merger, or sale of substantially all of its assets related to this Agreement within thirty (30) calendar days of such event. Sole Source Agreement-Barney's Pumps,Inc. 7 23. NO LIEN. The Vendor shall not at any time permit any lien, attachment, or any other encumbrance under the laws of the State of Florida, or otherwise, by any person or persons whomsoever to be filed or recorded against the City, against any City property or money due or to become due for any work done or materials furnished under this Agreement by Vendor. 24. AGREEMENT SUBJECT TO FUNDING: The Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 25. NON-EXCLUSIVE: This Agreement is non-exclusive. City may retain additional entities to perform the same or similar work. 26. REPRESENTATION OF AUTHORITY: Vendor represents and warrants that this Agreement constitutes the legal,valid, binding, and enforceable obligation of Vendor and that neither the execution nor performance of this Agreement constitutes a breach of any agreement that Vendor has with any third party or violates applicable law. Vendor further represents and warrants that execution of this Agreement is within Vendor's legal powers, and each individual executing this Agreement on behalf of Vendor is duly authorized by all necessary and appropriate action to do so on behalf of Vendor and does so with full legal authority. 27. RIGHTS IN DOCUMENTS AND WORK: Any and all videos, photographs, documents, materials, data, or other work created by Vendor in connection with performing services, whether finished or unfinished ("Documents and Work"), shall be owned by City, and Vendor hereby transfers to City all right, title, and interest, including any copyright or other intellectual property rights, in or to the Documents and Work. Upon expiration or termination of this Agreement, the Documents and Work shall become the property of City and shall be delivered by Vendor to City within seven (7) days after expiration or termination. Any compensation due to Vendor may be withheld until all Documents and Work are received as provided in this Agreement. Vendor shall ensure that the requirements of this section are included in all agreements with all subcontractor(s). 28.THIRD-PARTY BENEFICIARIES: Neither Vendor nor City intends to primarily or directly benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no third-party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. 29. MATERIALITY AND WAIVER OF BREACH: Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm's length and is agreed to by the Parties. Each requirement, duty, and obligation set forth in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material term. City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach shall not be deemed a waiver Sole Source Agreement-Barney's Pumps,Inc. ft of any subsequent breach and shall not be construed to be a modification of this Agreement. To be effective, any waiver must be in writing and signed by an authorized signatory of the Party granting the waiver. 30. COUNTERPARTS AND MULTIPLE ORIGINALS: This Agreement may be executed in multiple originals and may be executed in counterparts, whether signed physically or electronically, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. 31. NON-DISCRIMINATION: Vendor and any subcontractors shall not discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of this Agreement. 32. ENTIRE AGREEMENT. The Agreement between the City and the Vendor with respect to the subject matter of this Agreement. This Agreement supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the parties. This Agreement may not be modified except by the parties' mutual agreement set forth in writing and signed by the parties. 33. SEVERABILITY. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 34. ANTI-HUMAN TRAFFICKING. On or before the Effective Date of this Agreement, Vendor shall provide City with an affidavit attesting that the Vendor does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. 35. COUNTRIES OF CONCERN. The vendor represents that it is and will remain in compliance with Section 286.101, Florida Statutes, for the duration of the term. 36. PUBLIC ENTITY CRIME ACT. Vendor represents that it is familiar with the requirements and prohibitions under the Public Entity Crime Act, Section 287.133, Florida Statutes, and represents that its entry into this Agreement will not violate that Act. Vendor further represents that there has been no determination that it committed a "public entity crime" as defined by Section 287.133, Florida Statutes and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Vendor has been placed on the convicted vendor list. Sole Source Agreement-Barney's Pumps,Inc. 9 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA BAR EY'S • MPS INC. 'iitb«cy \tan , Mayor (Si:nature) Barney's Pumps, Inc. Na . e DB. Albritton Print Name of Authorized Official Credit & Contracts Manager Title Approved as to Form: NkaR1/14 A-nl6 Shawna G. Lamb, City Attorney (Corporate Seal) Attest/Authenticated: Attested/Authenticated: (Signature), Witness I t 111. ) - Mayler D1sus, City CIe Print Name %0Y N T `. • R RO/y 0 '••PO• 1� i/��• • GO Ari ��C� l SEAL :s. , . INCORPORATED 1920 LORD Sole Source Agreement-Barney's Pumps,Inc 10 EXHIBIT A FORM OF TASK ORDER r r o I- „P -yr.. CITY OF BOYNTON BEACH Task Order Vendor: Procurement: 1. Task/Project. 2. Scope of Services. The scope of services under this Task Order is attached as Exhibit A. 3. Deliverables and Schedule. Vendor shall deliver to the City the deliverables specified within (days/weeks/months) after complete execution of this Task Order and issuance of a PO by the City. 4. Compensation. The total Fee to be paid to the Vendor under this Task Order shall not exceed $ based on the detailed fee schedule attached as Exhibit A. 5. Agreement Reference. This Task Order shall be performed under the terms and conditions described within the Agreement, dated , by and between the City of Boynton Beach and 6. Insurance. Vendor shall maintain insurance coverages in accordance with the Agreement and hereby confirms that Certificate(s) of Insurance evidencing current policies meeting the requirements of the Agreement are on file with the City as of the date of this Task Order. 7. Exhibits. All attached Exhibits are incorporated fully into this Task Order and the Agreement. Sole Source Agreement-Barney's Pumps,Inc. l l 8. Notice to Proceed. Vendor's receipt of a fully executed copy of this Task Order and a PO issued by the City shall serve as the Notice to Proceed under this Task Order, effective as of the date the fully executed Task Order and PO were emailed to the Vendor. VENDOR: CITY OF BOYNTON BEACH By: By: CLIN,eSca_S eito,., , Mayor Print Name: Date: , 202 Date: , 202 Attest: City Clerk City Attorney's Office Approved as to form and legality By: Sole Source Agreement-Barney's Pumps,Inc. 12 EXHIBIT B FEE SCHEDULE Sole Source Agreement-Barney's Pumps,Inc. 13 B Pitor Y' PUMPS INS. CARNE S 12080 NW 40th STREET LARFLARD • (ORAL SPRIR6S • JA(KSORYIttf CORAL SPRINGS, FL 33065-7602 PHONE(954)346-0669 FAX(954)346-0993 February 5, 2025 Andrew Rozwadowski , CPPB City of Boynton Beach Financial Services 100 E. Ocean Ave. Boynton Beach, Florida 33435 Dear Andrew, Please find enclosed Roma Pump Technology's current Pri List along with our Authorized Distributor Letter. We are pleased to offer the City a therefore the purchase price can be obtained by multiplying the prices in the list by a will mail you any updates to the price list as we receive them. In addition, I have enclosed Barney's Pumps Rail System Price list. The City's purchase price can be found in the rightmost column. Should we provide any labor, our rate is per hour. Please note that the price lists contain Trade Secret information and, as such, are exempt from Florida Statutes Chapter 119.07 (Public Records Laws). Please contact me if you have any questions. Thanks. U/fn /WV Jim King Municipal Account Manager Mobile: 561-596-7018 Email: kingj@bameyspumps.com •�s T ,! peiR Pump Technology Inc. Southeast Regional Office Ansonia, CT 06401 Ph. 203 231 6433 Re: HOMA PUMP Authorized Municipal Distributor Date: 1/3/2025 To Whom It May Concern: Effective September 14, 2004, Barney's Pumps, Inc. became the only authorized distributor for HOMA PUMP TECHNOLOGY INC. in the municipal market for the state of Florida (exclusive of the panhandle counties west of the Apalachicola River). Their responsibilities include but are not limited to: A. Sale of new units, B. Sale of OEM aftermarket parts in accordance with HOMA warranty, and C. Warranty evaluation and repair to meet Warranty Requirements for HOMA pumps. Barney's Pumps has been involved with the rotating equipment business for many years. Their staff is experienced in the selection, application, packaging and service of HOMA pumps, and they have locations in Lakeland, Coral Springs, and Jacksonville to properly support the municipal marketplace in the state of Florida. HOMA PUMP will support Barney's Pumps by referring inquiries to them and by our direct sales force working side-by-side with them to optimize our customer support. We recommend our customers work closely with them to obtain the best results from our products. They can be reached in Lakeland at (863) 665-8500, in Coral Springs at (954) 346-0669, or in Jacksonville at (904) 260-0669. Please let us know if you have any questions or if there is any way we can be of assistance. Vale NC�c?PJLfi2G12 Sincerely, Nate Ackerman Southeast Regional Sales Manager HOMA Pump Technology, Inc. Bt BARNEY'S PUMPS INC. d RAIL SYSTEM AND PUMP ACCESSORIES Declaration of Trade Secrets Entity Name: _ BARNEY'S PUMPS ("Owner") Trade Secret Declaration The Owner listed above represents that the documents listed below("Trade Secret Materials") are trade secrets pursuant to Chapter 688 and Section 812.081(1)(f), Florida Statutes for which Owner asserts a right to withhold from public disclosure as confidential or otherwise exempt from production under Florida public records laws (including Chapter 119, Florida Statutes): ROMA®Pump Technology 2025 Pricelist Owner affirmatively represents for reliance by the City of Boynton Beach ("City") that the Trade Secret Materials contain one or more of the following used in the operation of Owner's business and provide an advantage or an opportunity to Owner to obtain an advantage over those who do not know or use it (check all that apply): formula X scientific,technical, financial, or commercial pattern information device or combination of devices X design, process, procedure, list of suppliers, list of X compilation of information customers, business code, or improvement thereof Owner represents and acknowledges: A. The Trade Secret Materials, irrespective of novelty, invention, patentability, the state of the prior art,and the level of skill in the business, art, or field to which the subject matter pertains, are considered to be: 1. secret; 2. of value; 3. for use or in use by the business; and 4. of advantage to the business, or providing an opportunity to obtain an advantage, over those who do not know or use it; B. City is not liable for the use or disclosure relating to Trade Secret Materials provided to City unless the material is listed above as Trade Secret Materials, clearly marked as "Trade Secret Materials," and submitted with a copy of this form; and C. In the event a third party submits a request to City for records designated by Owner as Trade Secret Materials, City shall refrain from disclosing the trade secret materials, unless otherwise ordered by a court of competent jurisdiction or authorized in writing by Owner. Owner shall indemnify and defend City and its employees and agents from any and all claims, causes of action, losses, fines, penalties, damages, judgments and liabilities of any kind, including attorneys' fees, litigation expenses, and court costs, relating to the nondisclosure of Trade Secret Materials in response to a records request by a third party. The undersigned represents and warrants that they are, on the date of execution, duly authorized by all necessary and appropriate action to execute this form on behalf of Owner and does so with full legal authority. Under penalties of perjury, the undersigned declares that they have read the foregoing Declaration of Traria cecrers and that the facts stated in it are true. r) )0,241 (1.01aL,..,Signed: Title: President -101:4 ID:DCENT(1V12. Printed Name: Robert Pearce Date: �/1 7I^O�G L 5 STATE OF Flor;(tct ) COUNTY OF Pot IC ) The foregoing instrument was acknowledged before me, by means of 12'physical presence or ❑ online notarization, this ( 44-) day of NkarC 202,5 by fZ&ber4 Peace- , who is personally known to me or who has produced as identification and who did (did not)take an oath. NOTARY PUB r^� Signature: K.1..Jt-- K Print Name: State of Florida at Large (Seal) My commission expires: :!':..tV ROBBIN BULLOCK tif. ;,,;: Commission#HH 401973 `:+;7""`1 Expires August 7,2027 _'1 BARN PU M-01 AFOSTER ACOREY CERTIFICATE OF LIABILITY INSURANCE DATE(IIMIDDIYYYY) 4...,------- 9/1912024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Ileu of such endorsement(s). - PRODUCERaiAICT Abby Foster PGIS,LLC dba Turner Insurance&Bonding Co. �ONNo,EA):(334)3863609 FAX 334 244-0350 PO Drawer 230789 W►c. 1 {luc,Nog( ) Montgomery,AL 36123 "x ,afoster@tumerfrstcom - - r- Nt8)SURERAFFORDING COVERAGE 1 NAIL N INSURER A:Zurich American Insurance 16535 INSURED INSURER B:I4omesite Insurance Company of Florida 11156 Barney's Pumps,Inc. INSURER C:Wilshire Insurance Company _13234 2965 Bameys Pumps PI INSURER O: Lakeland,FL 33812 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: _ REVISION NUMBER: THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MSR ADDL SUBR POLICY EFFPOLICY EXP LTR TYPE OF INSURANCE NSD wvc. POLICY NUMBER /MWDD/yyyyl IMWDD/YYYY>, LIMITS - A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S - 1,000,000 CLAIMS-MADE Z OCCUR GL00144080-06 1011/2024 1011/2025 DAMAGE TO RENTED 300,000 PREMISES R occurrence) i X Contractual Liab IncMED EXP(Any one person) $ 10,000 X XCU Included PERSONAL t➢ADV IN4URY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE ; 2,000,000 POLICY LX l J cpT I LOC PRODUCTS-COMP/OP AGG A 2,000,000 OTHER. _EBL AGGREGATE 2,000,000 A AUTOMOBILE UABILITY COMBINED acridISINGLE LIMIT 5 1,000,000 X 'ANY AUTO BAP0144081.06 1011/2024 10/1/2025 BODILY INJURY(Per person) _ - -.OWNED SCHEDULED AUTOS ONLY _ AAUUTNOSy��ED pBODILY INJURY(Per aceident1.J —, AUTOS ONLY �_ AUTO ONLY (r&a �tl AMAGE S PIP 3 10,000 B X UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 3,000,000 EXCESS LIAR CLAIMS-MADE CXP-038269-00 10/1/2024 10/1/2025 'AGGREGATE $ 3,000,000 DED RETENTIONS $ A WORKERS COMPENSATION x i PPEERn I OT WC0144079-06 1011/2024 10/112025 YINH- AND EMPLOYERS'LIABILITY ' 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE EL.EACH ACCIDENT 8 FICERMIEMBER EXCLUDED? n NIA 1,000,000 andatory In NH) EL.DISEASE-EA EMPLOYEE;_ If yes,describe wider 1,000,000 DESCRIPTION OF OPERATIONS babes E.L.DISEASE-POLICY LIMIT S C Equipment Floater IMP4002383-00 4/1/2024 10/1/2025 Per Sched/$2,500 Ded i i DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) City of Boynton Beach,Its officers,employees,and agents are included as additional insured on the general liability and auto liability if required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Boynton Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y ACCORDANCE WITH THE POLICY PROVISIONS. 100 E.Ocean Ave Boynton Beach,FL 33535 AUTHORIZED REPRESENTATIVE P7....:-.:Z — ACORD - .M4- — ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD