Loading...
R21-013 1 2 RESOLUTION NO. R21-013 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA,APPROVING THE PIGGY-BACK OF CITY OF PUNTA 6 GORDA AGREEMENT R2017112/SVC-TIRES/17/18 WITH 7 BOULEVARD TIRE CENTER FOR THE PURCHASE OF 8 RECAP/RETREAD TIRES FOR AN ESTIMATED ANNUAL 9 EXPENDITURE OF$70,000.00; AND PROVIDING AN EFFECTIVE 10 DATE. 11 12 WHEREAS, City staff has confirmed that the City of Punta Gorda's procurement 13 process meets or exceeds that of the City of Boynton Beach's requirements; and 14 WHEREAS,the City intends to utilize this contract to purchase recap/retread tires 15 sizes 11R22.5 and 295/80R22.5 for the City's Fleet; and 16 WHEREAS,upon recommendation of staff, it is the City's desire to piggy-back the 17 City of Punta Gorda Agreement R2017112/SVC-TIRES/17/18 with Boulevard Tire Center 18 for the purchase of Recap/Retread Tires for an estimated annual expenditure of$70,000. 19 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH,FLORIDA,THAT: 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 22 as being true and correct and are hereby made a specific part of this Resolution upon 23 adoption. 24 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 25 approves the piggy-back of a City of Punta Gorda Agreement R2017112/SVC- 26 TIRES/17/18 with Boulevard Tire Center for the purchase of Recap/Retread Tires for an 27 estimated annual expenditure of$70,000.00. 28 Section 3. The City Manager is hereby authorized to sign a piggy-back 29 Agreement with Boulevard Tire Center, a copy of which is attached hereto as Exhibit"A". S:\CA\RESO\Agreements\Piggy-Back(Boulevard Tire Center For Tiresx2021)-Reso.Docx 30 Section 4. That this Resolution shall become effective immediately. 31 PASSED AND ADOPTED this 19th day of January, 2021. 32 CITY OF BOYNTON BEACH, FLORIDA 33 34 YES NO 35 36 Mayor—Steven B. Grant ✓ 37 38 Vice Mayor—Ty Penserga ✓ 39 40 Commissioner—Justin Katz 41 42 Commissioner—Woodrow L. Hay ✓ 43 44 Commissioner—Christina L. Romelus ✓ 45 46 VOTE '0 47 ATTEST: 48 49 • 50 cQ- Crystal Gibs%n, MMC 51 9 City Clerk 52 53 54 (Corporate Seal) 55 • S:\CA\RESO\Agreements\Piggy-Back(Boulevard Tire Center For Tiresx2021)-Reso.Docx \ -03 AGREEMENT NO. 011-1412-21/MFD BETWEEN THE CITY OF BOYNTON BEACH AND EARL W. COLVARD INC. D/B/A BOULEVARD TIRE CENTERS FOR PURCHASING RECAP/RETREAD TIRES This Agreement is made as of this 19th day of January, 2020 by and between EARL W. COLVARD INC. D/B/A BOULEVARD TIRE CENTERS with a principal address 816 S. Woodland Blvd, Deland, Florida 32720 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, in order to purchase recap/retread tires sizes 11R22.5 and 295/80R22.5 for the City's Fleet,the City's Finance Department is requesting the City enter into an Agreement with BOULEVARD TIRE CENTERS to provide recap/retread tires sizes 11R22.5 and 295/80R22.5 for the City's Fleet; and WHEREAS, Boulevard Tire Centers has agreed to allow the City to piggy-back the City of Punta Gorda Agreement No. R2017112/SVC-TIRES/17/18 with Boulevard Tire Centers to provide recap/retread tires sizes 11R22.5 and 295/80R22.5 for the City's Fleet in the estimated amount of$70,000.00 annually based on Contract Agreement No. R2017112/SVC-TIRES/17/18 for an initial term commencing January 19, 2021 to December 9, 2023, with a renewal option for an additional five(5) years; 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 Boulevard Tire Centers agree that Boulevard Tire Centers shall provide recap/retread tires sizes 11R22.5 and 295/80R22.5 for the City's Fleet in the estimated amount of$70,000.00 annually based the City of Punta Gorda Agreement No. R2017112/SVC- TIRES/17/18 with Boulevard Tire Centers for a term commencing January 19,2021 to December 9, 2023, with a renewal option for an additional five (5) years, a copy of which is attached hereto as Exhibit"A", except as hereinafter provided: Page 1 Boulevard Tire Centers Agreement#011-1412-21/RW A. All references to the City of Punta Gorda Agreement No. R2017112/SVC- TIRES/17/18 with Boulevard Tire Centers shall be deemed as references to the City of Boynton Beach. B. In the event that the City of Punta Gorda Agreement No. R2017112/SVC- TIRES/17/18 with Boulevard Tire Centers is amended, or terminated, Boulevard Tire Centers shall notify the City within ten (10) days. In the event the City of Punta Gorda Agreement No. R2017112/SVC-TIRES/17/18 with Boulevard Tire Centers is amended or terminated prior to its expiration,this Contract shall remain in full force and effect,and not be deemed amended or terminated,until specifically amended or terminated by the parties hereto. C. Boulevard Tire Centers 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. D. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. E. In all other aspects,the terms and conditions of the City of Punta Gorda Agreement No. R2017112/SVC-TIRES/17/18 with Boulevard Tire Centers are hereby ratified and shall remain in full force and effect under this Contract, as provided by their terms. F. All Notices to the City shall be sent to: 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 Page 2 Boulevard Tire Centers Agreement#011-1412-21/RW Notices to Vendor shall be sent to the following address: Michael Drungell Boulevard Tire Centers 816 S. Woodland Blvd. Deland, Florida 32720 Email: mdrungeli@boulevardtire.com Phone: 386-734-6447 G. The following terms and conditions are hereby incorporated into the Agreement: PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. 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; C. 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 contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor 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. Page 3 Boulevard Tire Centers Agreement#011-1412-21/RW E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 E. OCEAN AVE. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 GIBSONC@BBFL.US SCRUTINIZED COMPANIES -- 287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor 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 Contractor 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 Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor 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 Contractor 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 contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. Page 4 Boulevard Tire Centers Agreement#011-1412-21/RW EXECUTION OF THE AGREEMENT.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/digital signature shall constitute an original signature for all purposes. DATED this 6th day of JANUARY , 2021 CITY OF BOYNTON BEACH EARL W. COLVARD INC. D/B/A BOULEVARD TIRE CENTERS. Lori LaVerriere, City Manager , Signature of Authorized Official YAN LAPOINTE ted Name of Authorized Official n_ 9Tft X.Attest/Authenticated: le � 8OY (6, i gill./ALIiP 4A / • (Corporate Seal) Crystal Gibso City Clerk Approved as to Form: Attest/Authenticated: t, " //// / ,;i7 James A. Cherof, City Attorney Witness Page 5 Boulevard Tire Centers Agreement#011-1412-21/RW EXHIBIT A City of Punta Gorda Agreement No. R2017112/SVC TIRES/17/18 with Boulevard Tire Centers Page 6 Boulevard Tire Centers Agreement#O11-1412-21/RW