R21-013 1
2 RESOLUTION NO. R21-013
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
5 FLORIDA,APPROVING THE PIGGY-BACK OF CITY OF PUNTA
6 GORDA AGREEMENT R2017112/SVC-TIRES/17/18 WITH
7 BOULEVARD TIRE CENTER FOR THE PURCHASE OF
8 RECAP/RETREAD TIRES FOR AN ESTIMATED ANNUAL
9 EXPENDITURE OF$70,000.00; AND PROVIDING AN EFFECTIVE
10 DATE.
11
12 WHEREAS, City staff has confirmed that the City of Punta Gorda's procurement
13 process meets or exceeds that of the City of Boynton Beach's requirements; and
14 WHEREAS,the City intends to utilize this contract to purchase recap/retread tires
15 sizes 11R22.5 and 295/80R22.5 for the City's Fleet; and
16 WHEREAS,upon recommendation of staff, it is the City's desire to piggy-back the
17 City of Punta Gorda Agreement R2017112/SVC-TIRES/17/18 with Boulevard Tire Center
18 for the purchase of Recap/Retread Tires for an estimated annual expenditure of$70,000.
19 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF
20 THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
22 as being true and correct and are hereby made a specific part of this Resolution upon
23 adoption.
24 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
25 approves the piggy-back of a City of Punta Gorda Agreement R2017112/SVC-
26 TIRES/17/18 with Boulevard Tire Center for the purchase of Recap/Retread Tires for an
27 estimated annual expenditure of$70,000.00.
28 Section 3. The City Manager is hereby authorized to sign a piggy-back
29 Agreement with Boulevard Tire Center, a copy of which is attached hereto as Exhibit"A".
S:\CA\RESO\Agreements\Piggy-Back(Boulevard Tire Center For Tiresx2021)-Reso.Docx
30 Section 4. That this Resolution shall become effective immediately.
31 PASSED AND ADOPTED this 19th day of January, 2021.
32 CITY OF BOYNTON BEACH, FLORIDA
33
34 YES NO
35
36 Mayor—Steven B. Grant ✓
37
38 Vice Mayor—Ty Penserga ✓
39
40 Commissioner—Justin Katz
41
42 Commissioner—Woodrow L. Hay ✓
43
44 Commissioner—Christina L. Romelus ✓
45
46 VOTE '0
47 ATTEST:
48
49 •
50 cQ- Crystal Gibs%n, MMC
51 9 City Clerk
52
53
54 (Corporate Seal)
55
•
S:\CA\RESO\Agreements\Piggy-Back(Boulevard Tire Center For Tiresx2021)-Reso.Docx
\ -03
AGREEMENT NO. 011-1412-21/MFD
BETWEEN THE CITY OF BOYNTON BEACH
AND
EARL W. COLVARD INC. D/B/A BOULEVARD TIRE CENTERS
FOR
PURCHASING RECAP/RETREAD TIRES
This Agreement is made as of this 19th day of January, 2020 by and between EARL W.
COLVARD INC. D/B/A BOULEVARD TIRE CENTERS with a principal address 816 S.
Woodland Blvd, Deland, Florida 32720 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, in order to purchase recap/retread tires sizes 11R22.5 and 295/80R22.5 for
the City's Fleet,the City's Finance Department is requesting the City enter into an Agreement with
BOULEVARD TIRE CENTERS to provide recap/retread tires sizes 11R22.5 and 295/80R22.5 for
the City's Fleet; and
WHEREAS, Boulevard Tire Centers has agreed to allow the City to piggy-back the City
of Punta Gorda Agreement No. R2017112/SVC-TIRES/17/18 with Boulevard Tire Centers to
provide recap/retread tires sizes 11R22.5 and 295/80R22.5 for the City's Fleet in the estimated
amount of$70,000.00 annually based on Contract Agreement No. R2017112/SVC-TIRES/17/18
for an initial term commencing January 19, 2021 to December 9, 2023, with a renewal option for
an additional five(5) years; and
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 Boulevard Tire Centers agree that Boulevard Tire Centers shall
provide recap/retread tires sizes 11R22.5 and 295/80R22.5 for the City's Fleet in the estimated
amount of$70,000.00 annually based the City of Punta Gorda Agreement No. R2017112/SVC-
TIRES/17/18 with Boulevard Tire Centers for a term commencing January 19,2021 to December
9, 2023, with a renewal option for an additional five (5) years, a copy of which is attached hereto
as Exhibit"A", except as hereinafter provided:
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A. All references to the City of Punta Gorda Agreement No. R2017112/SVC-
TIRES/17/18 with Boulevard Tire Centers shall be deemed as references to the City
of Boynton Beach.
B. In the event that the City of Punta Gorda Agreement No. R2017112/SVC-
TIRES/17/18 with Boulevard Tire Centers is amended, or terminated, Boulevard
Tire Centers shall notify the City within ten (10) days. In the event the City of
Punta Gorda Agreement No. R2017112/SVC-TIRES/17/18 with Boulevard Tire
Centers 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.
C. Boulevard Tire Centers 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.
D. The insurance required shall require that the Certificate of Insurance name the City
of Boynton Beach as an additional insured.
E. In all other aspects,the terms and conditions of the City of Punta Gorda Agreement
No. R2017112/SVC-TIRES/17/18 with Boulevard Tire Centers are hereby ratified
and shall remain in full force and effect under this Contract, as provided by their
terms.
F. 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
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Notices to Vendor shall be sent to the following address:
Michael Drungell
Boulevard Tire Centers
816 S. Woodland Blvd.
Deland, Florida 32720
Email: mdrungeli@boulevardtire.com
Phone: 386-734-6447
G. The following terms and conditions are hereby incorporated into the Agreement:
PUBLIC RECORDS. Sealed documents received by the City in response to an invitation
are exempt from public records disclosure until thirty (30) days after the opening of the Bid
unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07.
The City is public agency subject to Chapter 119, Florida Statutes. The Contractor
shall comply with Florida's Public Records Law. Specifically, the Contractor shall:
A. Keep and maintain public records required by the CITY to perform the service;
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, Contractor
shall destroy all copies of such confidential and exempt records remaining in its
possession once the Contractor transfers the records in its possession to the CITY; and
D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the
CITY, all public records in Contractor's possession All records stored electronically by
Contractor 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.
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E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS:
CRYSTAL GIBSON, CITY CLERK
100 E. OCEAN AVE. BOYNTON
BEACH, FLORIDA, 33435
561-742-6061
GIBSONC@BBFL.US
SCRUTINIZED COMPANIES -- 287.135 AND 215.473
By execution of this Agreement, 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 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.
DISPUTES. Any disputes that arise between the parties with respect to the performance of this
Agreement, which cannot be resolved through negotiations, shall be submitted to a court of
competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under
Florida Law.
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EXECUTION OF THE AGREEMENT.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/digital signature shall constitute an
original signature for all purposes.
DATED this 6th day of JANUARY , 2021
CITY OF BOYNTON BEACH EARL W. COLVARD INC.
D/B/A BOULEVARD TIRE CENTERS.
Lori LaVerriere, City Manager , Signature of Authorized Official
YAN LAPOINTE
ted Name of Authorized Official
n_ 9Tft
X.Attest/Authenticated: le
� 8OY
(6, i gill./ALIiP 4A / • (Corporate Seal)
Crystal Gibso City Clerk
Approved as to Form: Attest/Authenticated:
t, " //// / ,;i7
James A. Cherof, City Attorney Witness
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EXHIBIT A
City of Punta Gorda
Agreement
No. R2017112/SVC
TIRES/17/18
with
Boulevard Tire Centers
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