R20-126 1 RESOLUTION NO. R20-126
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 TEN-8 AND APPROVE THE
6 ISSUANCE OF A PURCHASE ORDER FOR ONE(1)SKEETER FIRE
7 BRUSH TRUCK IN THE ESTIMATED AMOUNT OF$254,747.93 BY
8 UTILIZING THE FLORIDA SHERIFFS ASSOCIATION CONTRACT
9 FS20-VEF 14.02; AND PROVIDING AN EFFECTIVE DATE.
10
11
12 WHEREAS, the Fleet Manager recommends the purchase of one (1) Skeeter fire
13 brush truck which will be used throughout the City to provide services to City residents; and
14 WHEREAS, the City Commission of the City of Boynton Beach, upon the
15 recommendation of staff, deems it in the best interest of the citizens and residents of the City
16 of Boynton Beach to approve and authorizes the City Manager to sign a piggy back agreement
17 and approve the issuance of a purchase order which approval shall be subject to the final
18 approval by the City Attorney, for one(1) Skeeter fire brush truck in the estimated amount of
19 $254,747.93 by utilizing the Florida Sheriffs Association Contract FS20-VEF 14.02.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
22 Section 1.The foregoing"Whereas"clauses are hereby ratified and confirmed as being
23 true and correct and are hereby made a specific part of this Resolution upon adoption hereof.
24 Section 2. The City Commission of the City of Boynton Beach hereby approves
25 and authorizes the City Manager to execute a piggy back agreement and approve the issuance
26 of a purchase order, subject to the final approval by the City Attorney, for one(1) Skeeter fire
27 brush truck in the estimated amount of $254,747.93 by utilizing the Florida Sheriffs
28 Association Contract FS20-VEF 14.02.
29 Section 3. A copy of the piggy-back Agreement and Purchase Order are attached
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30 hereto as Exhibit "A", and shall be executed by the City Manager and other appropriate city
31 officials once approved by the City Attorney.
32 Section 4. That this Resolution shall become effective immediately upon passage.
33 PASSED AND ADOPTED this 17th day of November, 2020.
34 CITY OF BOYNTON BEACH, FLORIDA
35 YES NO
36
37 Mayor—Steven B. Grant
38
39 Vice Mayor—Ty Penserga
40
41 Commissioner—Justin Katz
42
43 Commissioner—Woodrow L. Hay
44
45 Commissioner—Christina L. Romelus
46
47 VOTE
48 ATTEST:
49
50
51 4 Z.4,,
52 C tal Gibson,MMC
53 City Clerk
54
55
56 (Corporate Seal)
57
f CITY
0 ny
1-114
r
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DO
FIRE RESCUE VEHICLES AND OTHER EQUIPMENT CONTRACT
This Agreement is made as of this-)5 day of '()0 t ,2020 by and between TEN-
8 with its principal place of business at 2904 59th Ave. Dr. E.,Bradenton,FL 34203 ("TEN-8"
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 purchase of one
(1)Skeeter fire brush truck; and
WHEREAS, The City of Boynton Beach will be purchasing the Skeeter fire brush truck
from TEN-8 in the amount of$254,747.93.00 utilizing the FSA20-VEF 14.02 contract;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 TEN-8 agree that TEN-8 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 annual expenditure under
this contract expected to be$254,747.93,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:
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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 PTen-8oleum 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:
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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 arc 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(a),BBFL.US
Section 3. In the event that the Florida Sheriffs Association Contract is amended, or
terminated, TEN-8 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 he deemed amended or terminated, until specifically
amended or terminated by the parties hereto.
Section 4. TEN-8 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 he more favorable
than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to
the City.
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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 signiature 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:
/ .../..j. 4 ,,._ By:
_ Lori La erriere, City Manager
Cr tal Gibson, MMC, City Clerk
7,--' - '
APPRG' ED . ' T FORM: 411F
1 .1, iiio
Jan A A. Cheroty Attorney Bo `..
TEN-8.
WITNESSES:
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VtCKN h04Et BY. rte_ "
P�1t�t ne —.-r', ,. - A Ido.
,lekelAte. 44./110410% 4CteL. Title: Managing Member
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EXHIBIT A
CONTRACT BETWEEN FLORIDA SHERIFFS
ASSOCIATION AND TEN-8,
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