R20-058 RESOLUTION NO. R20-058
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING THE PIGGY-BACK OF THE US COMMUNITIES
5 CONTRACT 15-JLP-023 BETWEEN TRANE AND HARFORD
COUNTY PUBLIC SCHOOLS, MD., AND AUTHORIZE THE CITY
7 MANAGER TO SIGN A PIGGYBACKING AGREEMENT;
3 APPROVE ISSUANCE OF A PURCHASE ORDER FOR A 400 TON
(T) TRANE CHILLER AT A COST OF $154,960 AND A PURCHASE
1 ORDER FOR INSTALLATION OF THE NEW UNIT AND
11 ASSOCIATED COSTS AT A COST OF $175,916 FOR A TOTAL
12 VALUE OF$330,876; AND PROVIDING AN EFFECTIVE DATE.
13
14
1` WHEREAS, in September, 2019 the City Commission approved the purchase and
1' installation of a used 350T swing chiller for the District Energy System (DES) to provide
17 limited energy through the summer of 2020 while the construction of the private development
1 on the south parcel was completed; and
1 WHEREAS, the unit purchased was a used unit at a greatly discounted price because
2► of the anticipated short term need for a smaller unit and not adequate to provide the required
21 energy to the new public buildings; and
22 WHEREAS,the proposed project will make use of the infrastructure installed with the
23 older 350T chiller, including the mechanical piping and the electrical systems, and replace the
24 unit with a new 400T unit which will be more efficient with lower power consumption and
25 will require considerably less maintenance and at the same time, special taps will be installed
25 in the cooling water piping loop to provide connections for emergency standby chillers in the
2 event of a system failure until such time as the large 1500T chillers can be operated; and
2.8 WHEREAS, the City Commission of the City of Boynton Beach, upon the
29 recommendation of staff, deems it in the best interest of the citizens and residents of the City
3C. of Boynton Beach to approve the piggy-back of the US Communities Contract 15-JLP-023
31 between Trane and Harford County Public Schools, MD., and authorize the City Manager to
32 sign a piggybacking agreement; Approve issuance of a purchase order for a 400 Ton(T) Trane
S:\CA\RESO\Agreements\Piggy-back-with Trane and Hartford(400 Ton Trane Chiller) -Reso.docx
33 Chiller at a cost of$154,960 and a purchase order for installation of the new unit and associated
31 costs at a cost of$175,916 for a total value of$330,876.
35 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
35 THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
37 Section 1.The foregoing"Whereas" clauses are hereby ratified and confirmed as being
33 true and correct and are hereby made a specific part of this Resolution upon adoption hereof.
3) Section 2. The City Commission of the City of Boynton Beach hereby approves
41) the piggy-back of the US Communities Contract 15-JLP-023 between Trane and Harford
41 County Public Schools, MD., and authorize the City Manager to sign a piggybacking
42 agreement; approves issuance of a purchase order for a 400 Ton (T) Trane Chiller at a cost of
43 $154,960 and a purchase order for installation of the new unit and associated costs at a cost of
44 $175,916 for a total value of$330,876. A copy of the piggy-back Contract is attached hereto
45 as Exhibit"A".
45 Section 3. That this Resolution shall become effective immediately upon passage.
47 PASSED AND ADOPTED this 16 day of June, 2020.
43 CITY OF BOYNTON BEACH, FLORIDA
4) YES NO
5) Mayor—Steven B. Grant ✓
51
52 Vice Mayor—Ty Penserga
53
54 Commissioner—Justin Katz
55
55 Commissioner—Woodrow L. Hay
57
58 Commissioner—Christina L. Romelus
5)
6) ATTEST: VOTE S O
61 71 -
62 9)%
2 /% %�'ly .f rQ
63 C stal Gibson, MMC
64 City Clerk E-4 ,,
65
,., . 192
65 (Corporate Seal)
S:\CA\RESO\Agreements\Piggy-back-with Trane andartford(4 Oo�i'3 r rie Chiller) -Reso.docx
t'LOR�
'dao-o5 �
AGREEMENT FOR INSTALLATIONOF A 400 TON CHILLER
This Agreement is made as of this 16th day of June, 2020 by and between TRANE, a U.S.
Communities and National IPA(both wholly-owned subsidiaries of OMNIA Partners) with a
principal address 800-B Beaty Street Davidson,NC 28036 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 maintain the utilities facilities to the public, the Utilities
Department is requesting the City enter into an Agreement with TRANE to perform installation of
a 400 Ton Chiller; and
WHEREAS, TRANE, has agreed to allow the City to piggy-back the Trane Contract
Number: 15-JLP-023 with Harford County Public Schools, MD. contained in EXHIBIT "A", a
U.S. Communities and National IPA (both wholly-owned subsidiaries of OMNIA Partners
Agreement pursuant to to provide installation of a 400 Ton Chiller in the amount of$330,876.00
commencing July 10,2020;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 TRANE agree that TRANE shall provide 400 Ton Chiller in the
amount of $154,960.00 and installation for $175,916.00 for a total amount of $330,876.00
commencing July 10,2020,in accordance with Trane Contract Number: 15-JLP-023 with Harford
County Public Schools, MD., a copy of which is attached hereto as Exhibit "A", except as
hereinafter provided:
A. All references to the Trane Contract Number: 15-JLP-023 with Harford County
Public Schools,MD. shall be deemed as references to the City of Boynton Beach.
B. All Notices to the City shall be sent to:
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Piggyback Trane Contract 15-JLP-023-Harford County Public Schools,MD.
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. 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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Piggyback Trane Contract 15-JLP-023-Harford County Public Schools,MD.
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.
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 signature shall constitute an
original signature for all purposes.
Section 3. In the event that the Trane Contract Number: 15-JLP-023 with Harford County Public
Schools,MD. is amended, or terminated,Trane shall notify the City within ten(10)days. In the
event the Trane Contract Number: 15-JLP-023 with Harford County Public Schools,MD.is amended
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Piggyback Trane Contract 15-JLP-023-Harford County Public Schools,MD.
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. TRANE 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.
Section 6. In all other aspects,the terms and conditions of the Trane Contract Number: 15-
JLP-023 with Harford County Public Schools, MD. 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:
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erk
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James A. Cherof, orney
WITNESSES: TRANE
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ATTEST:
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Piggyback Trane Contract 15-JLP-023-Harford County Public Schools,MD.
EXHIBIT A
Trane Contract Number: 15-JLP-023 with Harford County Public
Schools, MD. , a U.S. Communities and National IPA
(both wholly-owned subsidiaries of OMNIA Partners Agreement)
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Piggyback Trane Contract 15-JLP-023-Harford County Public Schools,MD.