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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: Page 1 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. Page 2 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 Page 3 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: Bv: +3:74-4, — Lori LaVeiTiere, City Manager erk APPROV��► '0 Fe 'M: Ar 'Lag / , 0 a� James A. Cherof, orney WITNESSES: TRANE • 46"-67-4*‘ / rint Namj gifit"l / I A-,/ * ✓AP; V Title: j��YZ ?v *z— -rG ATTEST: SECRETARY Page 4 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) Page 5 Piggyback Trane Contract 15-JLP-023-Harford County Public Schools,MD.