R20-128 1 RESOLUTION NO. R20-128
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 SUTPHEN CORPORATION,
6 AND APPROVE THE ISSUANCE OF A PURCHASE ORDER FOR
7 ONE CUSTOM PUMPER FIRE APPARATUS IN THE ESTIMATED
8 AMOUNT OF $724,100.00 BY UTILIZING THE SOURCEWELL
9 CONTRACT #022818-SUT; AND PROVIDING AN EFFECTIVE
10 DATE.
11
12
13 WHEREAS,the Fleet Manager recommends the purchase of one(1) custom pumper
14 fire apparatus which will be used throughout the City to provide services to City residents;and
15 WHEREAS, the City Commission of the City of Boynton Beach, upon the
16 recommendation of staff, deems it in the best interest of the citizens and residents of the City
17 of Boynton Beach to approve and authorizes the City Manager to sign a piggy back agreement
18 and approve the issuance of a purchase order which approval shall be subject to the final
19 approval by the City Attorney, for one (1) custom pumper fire apparatus in the estimated
20 amount of$724,100.00 by utilizing the Sourcewell Contract#022818-SUT.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
23 Section 1.The foregoing"Whereas"clauses are hereby ratified and confirmed as being
24 true and correct and are hereby made a specific part of this Resolution upon adoption hereof.
25 Section 2. The City Commission of the City of Boynton Beach hereby approves
26 and authorizes the City Manager to execute a piggy back agreement and approve the issuance
27 of a purchase order, subject to the final approval by the City Attorney, for one (1) custom
28 pumper fire apparatus in the estimated amount of $724,100.00 by utilizing the Sourcewell
29 Contract#022818-SUT.
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30 Section 3. A copy of the piggy-back Agreement and Purchase Order are attached
31 hereto as Exhibit "A", and shall be executed by the City Manager and other appropriate city
32 officials once approved by the City Attorney.
33 Section 4. That this Resolution shall become effective immediately upon
34 passage. PASSED AND ADOPTED this 17th day of November,2020.
35 CITY OF BOYNTON BEACH, FLORIDA
36 YES NO
37
38 Mayor—Steven B. Grant
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40 Vice Mayor—Ty Penserga
41
42 Commissioner—Justin Katz /11--
43
44 Commissioner—Woodrow L. Hay v/
45
46 Commissioner—Christina L. Romelus ✓
47
48 VOTE L/-19
49 ATTEST:
50
51
52
53 C tal Gibson,MMC
54 City Clerk
55
56
57 (Corporate Seal)
58
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FIRE RESCUE VEHICLES AND OTHER EQUIPMENT CONTRACT
This Agreement is made as of this day of , 2020 by and between
SUTPHEN CORPORATION,with its principal place of business at 6450 Eiterman Road, Dublin,
OH 43016 ("SUTPHEN" 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 purchasing one
(1)custom pumper fire apparatus; and
WHEREAS, The City of Boynton Beach will be purchasing the custom pumper fire
apparatus from SUTPHEN L.L.C. in the amount of$724,100.00 utilizing the Sourcewell Contract
#022818-SUT; 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 SUTPHEN agree that SUTPHEN shall provide with the same
terms, conditions, specifications and pricing based on Sourcewell contract#022818-SUT, a copy
of which is attached hereto as Exhibit "A", with the maximum anticipated annual expenditure
under this contract expected to be$724,100.00,except as hereinafter provided:
A. All references to Sourcewell, 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 PSUTPHENoleum 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 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 Sourcewell Contract is amended, or terminated, SUTPHEN
shall notify the City within ten (10) days. In the event the Sourcewell 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. SUTPHEN 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.
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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 Sourcewell 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:
ALA, , , = Lori LaVerriere,City Manager
Cry-►:1 Gibson,MMC,City Clerk.;,, /
APP• A.
e S OF IRM: 'eoY,
Jam A.Cherof Attorney
SUTPHEN CORPORATION
WITNESSES:
BY: 43(140.1(jAPI-14Aj
�'.�. Print Name: Drew Sutp n
Title: Managing Member
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EXHIBIT A
CONTRACT#022818-SUT BETWEEN SOURCEWELL
AND SUTPHEN CORPORATION
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