R21-010 1 RESOLUTION NO. R21-010
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 SOUTHERN SEWER
6 EQUIPMENT SALES AND SERVICE, INC., FOR ONE (1)
7 PETERBILT WITH VACCON SEWER VAC SYSTEM FOR
8 UTILITIES IN THE AMOUNT OF $490,617.00 UTILIZING THE
9 FSA20-EQU 18.0 CONTRACT; AND PROVIDING AN EFFECTIVE
10 DATE.
11
12
13 WHEREAS, the Fleet Manager recommends the purchase of eighteen (18)
14 replacement vehicles as approved in the fiscal year 20-21 budget for an estimated amount of
15 $2,085,475.00 by utilizing the following contracts: Florida Sheriffs Association,FSA20-VEL
16 28.0, FSA20-VEH18, and FSA20-EQU18 which contracts meet the City's procurement
17 requirements; and
18 WHEREAS, the City Commission of the City of Boynton Beach, upon the
19 recommendation of staff, deems it in the best interest of the citizens and residents of the City
20 of Boynton Beach to approve and authorize the City Manager to sign a piggy back agreement
21 with Southern Sewer Equipment Sales and Service, Inc., for one (1) Peterbilt with Vaccon
22 Sewer Vac system for Utilities in the amount of$490,617.00 utilizing the FSA20-EQU 18.0
23 contract.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
26 Section 1.The foregoing "Whereas"clauses are hereby ratified and confirmed as being
27 true and correct and are hereby made a specific part of this Resolution upon adoption hereof.
28 Section 2. The City Commission of the City of Boynton Beach hereby approves
29 and authorizes the City Manager to sign a piggy back agreement with Southern Sewer
30 Equipment Sales and Service, Inc., for one (1) Peterbilt with Vaccon Sewer Vac system for
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31 Utilities in the amount of$490,617.00 utilizing the FSA20-EQU 18.0 contract, subject to the
32 final approval by the City Attorney.
33 Section 3. A copy of the piggy-back Agreement is attached hereto as Exhibit"A",
34 and shall be signed by the City Manager once approved by the City Attorney.
35 Section 4. That this Resolution shall become effective immediately upon passage.
36 PASSED AND ADOPTED this 5th day of January,2021.
37 CITY OF BOYNTON BEACH,FLORIDA
38 YES NO
39 Mayor—Steven B. Grant
40
41 Vice Mayor—Ty Penserga V
42
43 Commissioner—Justin Katz
44
45 Commissioner—Woodrow L. Hay
46 V
47 Commissioner—Christina L.Romelus
48
49 VOTE 5-D
50 ATTEST:
51
52 iTar
5034(crystal Gibs• ,MMC
5 City Clerk
55
56 (Corporate Seal)
•
•
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- 00
VEHICLE PURCHASE AGREEMENT
This Agreement is made as of thiGOday of 5c c 2021 by and between SSES,
INC. DB/A/ SOUTHERN SEWER EQUIPMENT SALES, a Florida corporation with a
principal place of business at 3409 Industrial 27th Street, Fort Pierce, FL 34946 ("SOUTHERN
SEWER" 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
SSES, INC. D/B/A/ SOUTHERN SEWER EQUIPMENT SALES, for one (I) Peterbilt with
Vaccon Sewer Vac system for Utilities in the amount of$490,617.00. This unit utilizes the
FSA20-EQt.J 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 SOUTHERN SEWER agree that SOUTHERN SEWER 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 $490,617.00, 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 I.ist, 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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I ) 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 othenvise
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, SOUTHERN SEWER 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. SOUTHERN SEWER 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: da..A.. ._ 12--0-4-e__
i III Ij 6 (lj Lori LaVerriere, City Manager
Tammy St. nzio e
Deputy ity Cle k
APOVE AS TO :IRM: / -(12q
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17
James A. Cherof, City Attorney '
BOY.
SOUTHERN SEWER EQUIPMENT SALES
WITNESSES:
BY: _
i ( 1 Print Name: /14/ Wc'
t St.� s A ► t % Title: 1 L` n T
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