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R21-008 RESOLUTION NO.R21-008 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN 5 A PIGGY-BACK AGREEMENT WITH GENERAL GM TRUCK 6 SALES & SERVICE, INC., D/B/A VOLVO TRUCKS OF PALM 7 BEACH FOR TWO (2) AUTOCAR AUTOMATED SIDE LOADER 8 GARBAGE TRUCKS FOR THE SOLID WASTE IN THE AMOUNT 9 OF$620,398.00 UTILIZING THE FSA20-VEH 18.0 CONTRACT; AND 10 PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, the Fleet Manager recommends the purchase of eighteen (18) 14 replacement vehicles as approved in the fiscal year 20-21 budget for an estimated amount of 15 $2,085,475.00 by utilizing the following contracts: Florida Sheriffs Association,FSA20-VEL 16 28.0, FSA20-VEH18, and FSA20-EQU18 which contracts meet the City's procurement 17 requirements; and 18 WHEREAS, the City Commission of the City of Boynton Beach, upon the 19 recommendation of staff, deems it in the best interest of the citizens and residents of the City 20 of Boynton Beach to approve and authorize the City Manager to sign a piggy back agreement 21 with General GM Truck Sales& Service, Inc.,d/b/a Volvo Trucks of Palm Beach for two (2) 22 Autocar Automated Side Loader Garbage trucks for the Solid Waste in the amount of 23 $620,398.00 utilizing the FSA20-VEH 18.0 contract. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH,FLORIDA,THAT: 26 Section 1. The foregoing"Whereas"clauses are hereby ratified and confirmed as being 27 true and correct and are hereby made a specific part of this Resolution upon adoption hereof. 28 Section 2. The City Commission of the City of Boynton Beach hereby approves 29 and authorizes the City Manager to sign a piggy back agreement with General GM Truck 30 Sales& Service, Inc.,d/b/a Volvo Trucks of Palm Beach for two(2)Autocar Automated Side S:\CA\RESO\Agreements\Piggy-Back-With General GMC(Purchase 2 Vehicles) -Reso.Docx 31 Loader Garbage trucks for the Solid Waste in the amount of$620,398.00 utilizing the FSA20- 32 VEH 18.0 contract, subject to the final approval by the City Attorney. 33 Section 3. A copy of the piggy-back Agreement is attached hereto as Exhibit"A", 34 and shall be signed by the City Manager once approved by the City Attorney. 35 Section 4. That this Resolution shall become effective immediately upon passage. 36 PASSED AND ADOPTED this 5th day of January, 2021. 37 CITY OF BOYNTON BEACH, FLORIDA 38 YES NO 39 Mayor—Steven B. Grant i 40 41 Vice Mayor—Ty Penserga _I 42 43 Commissioner—Justin Katz I 44 45 Commissioner—Woodrow L. Hay ✓ 46 47 Commissioner—Christina L. Romelus / 48 49 VOTE rJ -0 50 ATTEST: 51 / 52 • /!_dv_4020 5rystal Gibs. , MMC 5 City Clerk 55 56 (Corporate Seal) • k1= r.. . 1t a : T Y � y .; ,."! '01,,:t4i ` ri}}' S:\CA\RESO\Agreements\Piggy-Back-With General GMC(Purchase 2 Vehicles) -Reso.Docx VEHICLE PURCHASE AGREEMENT This Agreement is made as of this day of ,2021 by and between GENERAL GMC TRUCK SALES & SERVICE, INC., D/B/A VOLVO TRUCKS OF PALM BEACH„a Florida corporation with a principal place of business at 360 South Military Trail,West Palm Beach, FL 33415 ("GENERAL GMC" or "Vendor"), 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,the City of Boynton Beach Fleet Manager is recommending the purchase of eighteen (18) replacement vehicles as approved in the fiscal year 20-21 budget for an estimated amount of $2,085,475.00 by utilizing the following contracts: Florida Sheriffs Association, FSA20-VEL 28.0, FSA20-VEH18, and FSA20-EQU18. The Florida Sheriffs Association contracts meet the City's procurement requirements; and WHEREAS, The City of Boynton Beach will be purchasing the following vehicle from GENERAL GMC TRUCK SALES & SERVICE, INC., D/B/A VOLVO TRUCKS OF PALM BEACH, for two (2) Autocar Automated Side Loader Garbage trucks for the Solid Waste in the amount of$620,398.00. These units utilize the FSA20-VEH 18.0 contract. 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 GENERAL GMC agree that GENERAL GMC shall provide with the same terms, conditions, specifications and pricing based on Florida Sheriffs Association contract, a copy of which is attached hereto as Exhibit "A", with the maximum anticipated expenditure under this contract expected to be approximately $620,398.00, except as hereinafter provided: A. All references to Florida Sheriffs Association, shall be deemed as references to the City of Boynton Beach. B. All Notices to the City shall be sent to: Page 1 S:\CA\AGMTS\Piggyback Agreement(Florida Sheriff)With General GMC(2 Vehicles).Docx 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 C. In addition to the City Purchase Order General Terms and Conditions and Supplemental Terms and Conditions, the following terms and conditions are hereby incorporated into the Agreement: Scrutinized Companies By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S.215.473,Vendor certifies that Vendor is not participating in a boycott of Israel.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 Vendor of the City's determination concerning the false certification. 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 Agreement term,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 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 Agreement and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. D. Records shall be deleted in it's entirety and replaced with the following: The City is public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida's Public Records Law. Specifically,the Vendor shall: Page 2 S:\CA\AGMTSU'iggyback Agreement(Florida Sheriff)With General GMC(2 Vehicles).Docx 1) Keep and maintain public records required by the CITY to perform the service; 2) 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; 3) 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 Agreement term and, following completion of the contract, Vendor shall destroy all copies of such confidential and exempt records remaining in its possession once the Vendor transfers the records in its possession to the CITY; and 4) 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. 5) IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES,TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK P.O. BOX 310 BOYNTON BEACH, FL, 33425 561-742-6061 CITYCLERK@BBFL.US Section 3. In the event that the Florida Sheriffs Association Contract is amended, or terminated, GENERAL GMC shall notify the City within ten (10) days. In the event the Florida Sheriffs Association Agreement is amended or terminated prior to its expiration, this Agreement 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. GENERAL GMC 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. Page 3 S:\CA\AGMTS\Piggyback Agreement(Florida Sheriff)With General GMC(2 Vehicles)Docx Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 6. This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. Section 7. In all other aspects,the terms and conditions of the Florida Sheriffs Association Contract are hereby ratified and shall remain in full force and effect under this Agreement. 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: i44_ dr iOr..1l�c-cJ-- s ilii"4".r_i-LII I Lori LaVerriere,City Manager crystal Gibson, C,City ler APPROVE AS TO FORM: 40 rr* / ,/ cOPIIIL Q James • . Cherof.City Attorney �oYN'�� GENERAL GMC TRUCK SALES & SERVICE, INC., D/B/A VOLVO TRUCKS WITNESSES: OF PALM BEACH, e/e iat---r-r-Gtx— Gf/G��:/C1� Pr' t Name: •C.�✓q�a air sir-. Title: Page 4 S:\CAWGMTS\Piggyback Agreement(Florida Sheriff)With General GMC(2 Vehicles).Docx EXHIBIT A CONTRACT BETWEEN FLORIDA SHERIFFS ASSOCIATION AND GENERAL GMC TRUCK SALES & SERVICE,INC.,D/B/A VOLVO TRUCKS OF PALM BEACH, Page 5 S:\CA\AGMTSTiggyback Agreement(Florida Sheriff)With General GMC(2 Vehicles).Docx GENRAL GMC TRUCKSALES&SERVICE, INC d/b/a VOLVO TRUCKS OF PALM BEACH 360 S MILITARY TRAIL WEST PALM BEACH,FL 33415 561-686-8906 561-697-8429 Florida Sheriff's Association FSA20-VEH 18.0. HEAVY TRUCKS CONTRACT REFUSE TRUCK : 60,000 LB GVWR CAB & CHASSIS Specification: #106 District: Southern CITY OF BOYNTON GMC 11/16/2020 ORDER CODE BID QUOTE $163,488.00 ADD DEDUCT 1012032 ENGINE UPGRADE CUMM L9 360 H.P. $6,500.00 66000 66,000 GVW UPGRADE 66,000LB GVW $3,680.00 404002 DOUBLE FRAME FULL STEEL INSERT $1,704.00 330444 REAR AXLE RT46-160 $2,969.00 359001 4 AXLE SHOCK ABSORBER $201.00 3500004 REAR SUSPENSION HMX-460 46,000 LB $714.00 7510001 FRONT AXLE BRAKE 16.5X7"REFUSE $39.00 7610001 REAR AXLE BRAKE 16.5X8.62 REFUSE $344.00 1222000 FRONT ENGINE PTO PTO PREP $590.00 5000002 SINGLE RH DRIVE RH SIT DOWN $225.00 5900006 AMFM RADIO RADIO $275.00 6230006 HIGH MOUNT MIRROR 8"MIRROR $94.00 661002 CAB TILT AIR ASSIST $284.00 400000 WHEEL BASE CHANGE $650.00 8520001 CORNER MARKER LIGHT WIRED TO BATT SHUT $74.00 8140003 BAIT SHUT OFF WITH JUMPER STUDS $219.00 955002 CAB COLOR OTHER THAN WHITE $244.00 715T003 AIR DRAIN CENTRAL MANIFOLD WITH PETCOCKS $69.00 NEW WAY ASL SIDEWINDER 31 YD ASL $132,972.00 999999 BOYNTON BEACH OPTION PACKAGE $10,246.00 5120001 WINDOWS POWER $749.00 NEW TAG NEW TAG $300.00 6220017 BLACK PWR MIRRORS $569.00 SUB TOTAL OPTIONS $157,211.00 BOYNTON SPECIAL DISCOUNT $314,199.00 ADJUSTED BID AMOUNT $310,199.00 PETER BARBER pbarber@genralgmc.com 772-486-2182