R18-159 1
RESOLUTION NO. R18-159
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING THE CITY MANAGER TO
• SIGN A PIGGYBACK AGREEMENT WITH
CATERPILLAR, INC. AND A PURCHASE ORDER FOR
RENTAL OF A 1.000 KILOWATT (KW) EMERGENCY
• BACKUP GENERATOR AND CABLES AT THE EAST
11 WATER TREATMENT PLANT (EWTP) FROM
11 PANTROPIC POWER CAT IN MIAMI, FL FOR A
12 MONTHLY COST OF $7,866, OR AN ANNUAL COST
13 OF $94,392; AND PROVIDING AN EFFECTIVE DATE.
14
15 WHEREAS, City staff has confirmed that Sourcewell's procurement process
16 satisfies the City of Boynton Beach's competitive bid requirements; and
17 WHEREAS,upon recommendation of staff, it is the City's desire to piggy-back the
18 Sourcewell NJPA Contract#120617-CAT for rental of an emergency backup generator and
19 cables at the East Water Treatment Plant from Pantropic Power Cat in Miami, FL for an
20 annual cost of$94,392.00.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
24 as being true and correct and are hereby made a specific part of this Resolution upon
25 adoption.
26 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
27 approves piggy-backing the Sourcewell NJPA Contract #120617-CAT for rental of an
28 emergency backup generator and cables at the East Water Treatment Plant from Pantropic
29 Power Cat in Miami, FL for an annual cost of$94,392.00.
30 Section 3. The City Manager is hereby authorized to sign a contract with
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3 Caterpillar, Inc, and purchase order with Pantropic Power Cat,it's authorized dealer, a copy
3- of which is attached hereto as Exhibit "A".
3 Section 4. That this Resolution shall become effective immediately.
3, PASSED AND ADOPTED this 7th day of November, 2018.
3" CITY OF BOYNTON BEACH, FLORIDA
3 YES NO
3
3 Mayor—Steven B. Grant Abse�71-
3
4 I Vice Mayor—Christina L. Romelus
41
42 Commissioner—Mack McCray Gam'
4
44 Commissioner—Justin Katz 1`
45
46 Commissioner—Vacant
47
48 VOTE 3'6
49 ATTEST:
50
51
52
53 Judi A. Pyle, CMC
54 Cit Jerk
55
56
57 (Corporate Seal)
58
,C11,:04:74
•
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CONTRACT FOR GENERATOR RENTAL
This Agreement is by and between Caterpillar, Inc., a foreign Corporation authorized to
do business in the State of Florida, with offices at 100 N.E. Adams Street, Peoria, IL 61629
("CATERPILLAR"), and THE CITY OF BOYNTON BEACH, a Florida municipal corporation,
with a mailing address of Post Office Box 310, Boynton Beach, FL 33425 (the"City").
RECITALS
WHEREAS, following the failure of the backup generator at the EWTP a backup
generator has been rented while decisions are made on the best long term solution for power supply
at the plant. It has now been determined that the best solution, based upon the favorable electric
rates utilizing the FPL curtailment program, is to install backup diesel generator(s) ; and
WHEREAS, CATERPILLAR, has agreed to allow the City to piggy-back the Sourcewell
NJPA Contract #120617-CAT for rental of an emergency backup generator through Pantropic ,
it's authorized dealer in an estimated annual amount of$94,392.00.
NOW THEREFORE, in consideration of the mutual covenants contained herein, and for
other valuable consideration received, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
AGREEMENT
Section 1. The foregoing recitals are true and correct and are hereby incorporated in
this Agreement.
Section 2. The City and CATERPILLAR agree that Pantropic shall provide rental
backup generator at the East Water Treatment Plant in an estimated annual amount of$94,392.00
at prices based on Sourcewell NJPA Contract 120617-CAT, a copy of which is attached hereto as
Exhibit"A", except as hereinafter provided:
A. All references to Sourcewell shall be deemed as references to the City of Boynton
Beach.
B. Scrutinized Companies
By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and
F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel.
Contractor further certifies that Contractor 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 Contractor 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 Contractor of the
City's determination concerning the false certification. Contractor shall have five (5) days
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from receipt of notice to refute the false certification allegation. If such false certification
is discovered during the active contract term, Contractor 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 Contractor 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.
C. VENUE
Venue for any administrative and/or legal action arising under this Agreement shall
be in Palm Beach County, Florida
D. All Notices to the City shall be sent to:
City: Lori LaVerriere, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
Telephone: (561) 742-6010/Facsimile: (561) 742-6090
Copy : James A. Cherof, City Attorney
Goren, Cherof, Doody& Ezrol, PA.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, FL 33308
Telephone: (954) 771-4500
Facsimile: (954) 771-4923
Section 3. In the event that the Sourcewell Contract is amended, or terminated,
CATERPILLAR shall notify the City within ten (10) days. In the event the Sourcewell Contract
is amended or terminated prior to its expiration, this Contract shall remain in full force and effect,
and not be deemed amended or terminated,until specifically amended or terminated by the parties
hereto.
Section 4. CATERPILLAR agrees that in the event it enters into a Contract for the
same (or substantially similar) scope of services with another local government in Florida which
contains a term or condition,including fees,charges or costs,which the City determines to be more
favorable than the terms in this Contract,the parties shall enter into an Addendum to provide those
terms to the City.
Section 5. The insurance required shall require that the Certificate of Insurance name
the City of Boynton Beach as an additional insured.
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Section 6. In all other aspects,the terms and conditions of the Sourcewell Contract are
hereby ratified and shall remain in full force and effect under this Contract, as provided by their
terms.
IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day
and year first written above.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
By:
Lori LaVerriere, City Manager
Judith A. Pyle, CMC, City Clerk
APPROVED AS TO FORM:
James A. Cherof, City Attorney Date
CATERPILLAR, INC.
WITNESSES:
BY:
Print Name:
Title:
ATTEST:
SECRETARY Date
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EXHIBIT A
AGREEMENT BETWEEN SOURCEWELL
AND CATERPILLAR,INC.
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