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R20-127
1 RESOLUTION NO. R20-127 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 ETR,L.L.C.,AND APPROVE 6 THE ISSUANCE OF A PURCHASE ORDER FOR ONE (1) 7 INTERNATIONAL/ETR MEDIUM FIRE RESCUE VEHICLE IN THE 8 ESTIMATED AMOUNT OF $410,998.00 BY UTILIZING THE 9 FLORIDA SHERIFFS ASSOCIATION CONTRACT FS20-VEF 14.01; 10 AND PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, the Fleet Manager recommends the purchase of one (1) 14 International/ETR medium Fire/Rescue vehicle which will be used throughout the City to 15 provide services to City residents; and 16 WHEREAS, the City Commission of the City of Boynton Beach, upon the 17 recommendation of staff, deems it in the best interest of the citizens and residents of the City 18 of Boynton Beach to approve and authorizes the City Manager to sign a piggy back agreement 19 and approve the issuance of a purchase order which approval shall be subject to the final 20 approval by the City Attorney, for Fire Rescue vehicle in the estimated amount of$410,998.00 21 by utilizing the Florida Sheriffs Association Contract FS20-VEF 14.01. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH,FLORIDA,THAT: 24 Section 1.The foregoing"Whereas"clauses are hereby ratified and confirmed as being 25 true and correct and are hereby made a specific part of this Resolution upon adoption hereof. 26 Section 2. The City Commission of the City of Boynton Beach hereby approves 27 and authorizes the City Manager to execute a piggy back agreement and approve the issuance 28 of a purchase order, subject to the final approval by the City Attorney, for one (1) 29 International/ETR medium Fire Rescue vehicle in the estimated amount of$410,998.00 by S:\CA\RESO\Agreements\Piggy-Back-With ETR LLC(Fire Rescue Vehicle)1 -Reso.Docx 30 utilizing the Florida Sheriffs Association Contract FS20-VEF 14.01. 31 Section 3. A copy of the piggy-back Agreement and Purchase Order are attached 32 hereto as Exhibit "A", and shall be executed by the City Manager and other appropriate city 33 officials once approved by the City Attorney. 34 Section 4. That this Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this 17th day of November, 2020. 36 CITY OF BOYNTON BEACH, FLORIDA 37 YES NO 38 39 Mayor—Steven B. Grant 40 41 Vice Mayor—Ty Penserga 42 43 Commissioner—Justin Katz 44 45 Commissioner—Woodrow L. Hay ✓� 46 47 Commissioner—Christina L. Romelus 48 49 VOTE y 50 ATTEST: 51 52 53 54 C tal Gibson,MMC 55 City Clerk 56 57 58 (Corporate Seal) 59 .hco '7 • es ' S:\CA\RESO\Agreements\Piggy-Back-With ETR LLC(Fire Rescue Vehicle)1 -Reso.Docx FIRE RESCUE VEHICLES AND OTHER EQUIPMENT CONTRACT This Agreement is made as of this 19 day ofNovember ,2020 by and between ETR, LLC.,,a Florida limited liability company with a principal place of business at 212 Hickman Drive, Sanford, FL 32771 ("ETR" 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) International/ETR medium fire rescue truck; and WHEREAS, The City of Boynton Beach will be purchasing the following vehicle from ETR L.L.C. for one (1) International/ETR medium rescue for Fire/Rescue in the amount of $410,998.00 utilizing the FSA20-VEF 14.01 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 ETR agree that ETR 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$410,998.00, 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:1CA\AGMTS\Piggyback Agreement(Florida Sheriff)With GTR LLC For Fire Rescue Unit(').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\AGMTS\Piggyback Agreement(Florida Sheriff)With ETR LLC For Fire Rescue Unit(I).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, ETR 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.ETR 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:\CAWGMTS\Piggyback Agreement(Florida Sheriff)With ETR LLC For Fire Rescue Unit(1).Docx r 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: J .„.ryili za:Celleie.,<.t.,it ri LaVerriere,City Manager 1 Gibson,MMC,City Clerk HfrilliLI APPR a , .a �/ ORM: u. Jam A.Cherof,'Attorney .- Boy• ETR,LLC. WITNESSES: /V S S. i BY: ii///' nom @ovvvvn Print lslafrie;�erald�Vlich�Cik MU:'1 ' Title: Managing Member Page 4 3:1CA1ACM1S1Piggyback Agreement(Florida Sheriff)With ETR LLC For Fire Rescue Unit(1).Docu EXHIBIT A CONTRACT BETWEEN FLORIDA SHERIFFS ASSOCIATION AND ETR,LLC., Page 5 S:\CA\AGMTS\Piggyback Agreement(Florida Sheriff)With ETR LLC For Fire Rescue Unit(1).Docx ® ACCLCERTIFICATE OF LIABILITY INSURANCE DATE(MM'DD""yY) 11/18/2020 j THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. if SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Ileu of such endorsement(s). PRODUCER CONTACT JD FDlwiler&Co.,Insurance NAME: Megan McGlohn PHONE /A/C.1+:4:503-977-5859 5727 S Macadam E-M Nn.Ext):503-977-5659 Portland OR 97239 ADDRESS; mmcglohn©Jdfulwiler.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Property Casualty Insurance Company 36161 INSURED ETRLLCO-01 INSURER 8:Travelers Property Casualty Co of America 25674 ETR, LLC INSURER C:The Phoenix Insurance Company 25623 700 S French Avenue p Y Sanford FL 32771 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:417451197 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDD/YYYY) (MM(DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 6305H916536 10/1/2020 10/1/2021 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED _ PREMISES(Ea occurrence) $300,000 _ MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 _ GEN.AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $2,000,000 — X POLICY J�ECT LOC — PRODUCTS-COMPIOPAGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY GA5H916536 10/1/2020 10/1/2021 COMBINED SINGLE LIMIT $1,000,000 fE C X ANY AUTO AD3L963195 10/1/2020 10/1/2021 GODLYdINJURY(Per person) $ — OWNED SCHEDULED l) — [ AUTOS ONLY AUTOS BODILY INJURY(Per acddent) $ PROPERTY DAMAGE AAUTOS ONLY _AUTOSIRED OSONLYY — $ X (Per accident) HAPD'• Medical Payments $5,000 A X UMBRELLA LIAB X OCCUR CUP3L97482A 10/1/2020 10/1/2021 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE _ $5,000,000 _ DED X RETENTION$n _ $ A WORKERS COMPENSATION UB6H805926 11/13/2020 11/13/2021 X AND EMPLOYERS'LIABILITY Y/N 3 ATUTE OTH- ER ANYPROPRIETORIPARTNERIEXECUTIVE 1 1 E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDEDT NIA (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 I(yes,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $1,000,000 B GarageLladlity GA5H916536 10/1/2020 10/1/2021 Other Then Auto Only 1,000,000 C GKLL• AD3L963195 10/1/2020 10/1/2021 Other Than Auto Agg 3,000,000 DOL' DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) "Hired Auto Physical Damage-Actual Cash Value or Cost of Repair,whichever is less,minus comprehensive deductible of$0 and collision deductible of $1,000. Certificate Holder is added as additional insured/loss payee as respects operations of the named insured in accordance with the policy terms,Conditions& exclusions. See Attached... CERTIFICATE HOLDER CANCELLATION / SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. t City of Boynton Beach P 0 Box 310 AUTHORIZED REPRESENTATIVE Boynton Beach FL 33425 I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD I AGENCY CUSTOMER ID: ETRLLCO-01 LOC II: ARL ® ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED JD Fulwiter&Co.,Insurance ETR,LLC 700 S French Avenue POLICY NUMBER Sanford FL 32771 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM ISA SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE *GKLL&DOL Locations: 1)700 S French Ave,Sanford FL 2)255 WillIngham Dr.,Suite A. Juliette,GA 'DEALERS OPEN LOT LIMITS: Location 1 $2,800,000 Comprehensive $2,800,000 Collision Location 2 $200,000 Comprehensive $200,000 Collision Limit includes dealers'owned autos Deductible: COMPREHENSIVE: Perils Deductible Applies To:All Other Deductible:$1,000/$10,000 Perils Deductible Applies To:Earthquake Deductible:$2,5001$25,000 Perils Deductible Applies To:Windstorm and Hail Deductible:$5,000/No Max Flood Exclusion Applies COLLISION: $1,000 Deductible *CARAGEKEEPERS COVERAGE: Location 1 $1,200,000 Comprehensive $1,200,000 Collision Location 2 $200,000 Comprehensive $200,000 Collision Coverage Basis: Direct Primary Deductible: COMPREHENSIVE Perils Deductible Applies To:All Other Deductible:$1,0001$10,000 Perils Deductible Applies To:Earthquake Deductible:$2,500!$25,000 Perils Deductible Applies To:Windstorm and Hail Deductible:$5,000/No Max Flood Exclusion Applies COLLISION Collision Deductible:$1,000 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD