R21-009 1 RESOLUTION NO. R21-009
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 PALM PETERBILT TRUCK
6 CENTERS, INC., FOR ONE (1) PETERBILT AUTOMATED SIDE
7 LOADER GARBAGE TRUCK FOR SOLID WASTE IN THE
8 AMOUNT OF $281,498.00 UTILIZING THE FSA20-VEH 18.0
9 CONTRACT; AND PROVIDING AN EFFECTIVE DATE.
10
11
12 WHEREAS, the Fleet Manager recommends the purchase of eighteen (18)
13 replacement vehicles as approved in the fiscal year 20-21 budget for an estimated amount of
14 $2,085,475.00 by utilizing the following contracts: Florida Sheriffs Association,FSA20-VEL
15 28.0, FSA20-VEH18, and FSA20-EQU18 which contracts meet the City's procurement
16 requirements; and
17 WHEREAS, the City Commission of the City of Boynton Beach, upon the
18 recommendation of staff, deems it in the best interest of the citizens and residents of the City
19 of Boynton Beach to approve and authorize the City Manager to sign a piggy back agreement
20 with Palm Peterbilt Truck Centers,Inc.,for one(1)Peterbilt Automated Side Loader Garbage
21 truck for Solid Waste in the amount of$281,498.00 utilizing the FSA20-VEh 18.0 contract.
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 sign a piggy back agreement with Palm Peterbilt Truck
28 Centers, Inc., for one (1) Peterbilt Automated Side Loader Garbage truck for Solid Waste in
29 the amount of$281,498.00 utilizing the FSA20-VEh 18.0 contract,subject to the final approval
30 by the City Attorney.
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31 Section 3. A copy of the piggy-back Agreement is attached hereto as Exhibit"A",
32 and shall be signed by the City Manager once approved by the City Attorney.
33 Section 4. That this Resolution shall become effective immediately upon passage.
34 PASSED AND ADOPTED this 5th day of January,2021.
35 CITY OF BOYNTON BEACH, FLORIDA
36 YES NO
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 5 - 0
48 ATTEST:
49
50 //A//i<' >h
51/,Crystal Gibs ,MMC
City Clerk
53
54 (Corporate Seal)
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VEHICLES PURCHASE AGREEMENT
This Agreement is made as of this day of . 2021 by and between
PALM PETERBILT TRUCK CENTERS, INC.,, a Florida corporation with a principal place of
business at 2441 South State Road 7, Fort Lauderdale, FL 33317 ("PALM PETERBILT" 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 the purchase of
eighteen (18) replacement vehicles as approved in the fiscal year 20-21 budget for an estimated
amount of $2,085,475.00 by utilizing the following contracts: Florida Sheriffs Association,
FSA20-VEL 28.0, FSA20-VEH18, and FSA20-EQU18. The Florida Sheriffs Association
contracts meet the City's procurement requirements; and
WHEREAS, The City of Boynton Beach will be purchasing the following vehicle from
PALM PETERBILT TRUCK CENTERS, INC., for one (1) Peterbilt Automated Side Loader
Garbage truck for Solid Waste in the amount of$281,498.00. This unit utilizes the FSA20-VEh
18.0 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 PALM PETERBILT agree that PALM PETERBILT 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
expenditure under this contract expected to be approximately $281,498.00, 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:
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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 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:
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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 Florida Sheriffs Association Contract is amended, or
terminated,PALM PETERBILT 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.PALM PETERBILT 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.
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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 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:
Lori LaVerriere, City Manager
Crystal Gibson,MMC, City Clerk
APPROVED AS TO FORM:
James A. Cherof, City Attorney
PALM PETERBILT TRUCK CENTERS,
INC.,
WITNESSES:
BY:
Print Name:
Title:
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EXHIBIT A
CONTRACT BETWEEN FLORIDA SHERIFFS
ASSOCIATION AND PALM PETERBILT TRUCK
CENTERS,INC.,
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