R21-030 1 RESOLUTION NO.R21-030
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVE AWARD BID NO. 003-2821-21/RW FOR
5 DIESEL/PROPANE GENERATOR AND BY-PASS PUMP
6 MAINTENANCE AND REPAIR SERVICE, FOR THE UTILITIES
7 AND FACILITIES DEPARTMENTS AND AUTHORIZE THE CITY
8 MANAGER TO SIGN AN AGREEMENT IN AN AMOUNT NOT TO
9 EXCEED $150,000.00 ANNUALLY WITH ADVANCE
10 GENERATOR SALES & SERVICE, INC. OF ROYAL PALM
11 BEACH FL, AS THE LOWEST RESPONSIVE, RESPONSIBLE
12 BIDDER; AND PROVIDING AN EFFECTIVE DATE.
13
14 WHEREAS, on January 21, 2021, Procurement Services opened and tabulated
15 two(2)proposals in response to the Bid for"Diesel/Propane Generator and By-Pass Pump
16 Maintenance and Repair Service"; and
17 WHEREAS, Utilities and Facilities staff reviewed the submitted bids and
18 recommended award to Advance Generator Sales and Service, Inc., as the lowest, most
19 responsive,responsible bidder; and
20 WHEREAS,this Agreement may be renewed with the same terms and conditions
21 for three(3)additional one-year terms; and
22 WHEREAS, the City Commission of the City of Boynton Beach upon
23 recommendation of staff, deems it to be in the best interest of the citizens and residents to
24 approve the Award Bid No. 003-2821-21/RW for Diesel/Propane Generator and By-Pass
25 Pump Maintenance and Repair Service, for the Utilities and Facilities Departments and
26 authorize the City Manager to sign an Agreement in an amount not to exceed$150,000.00
27 annually with Advance Generator Sales & Service, Inc. of Royal Palm Beach FL, as the
28 lowest responsive,responsible bidder.
29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
30 OF THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
31 Section 1. The foregoing"Whereas"clauses are hereby ratified and confirmed
32 as being true and correct and are hereby made a specific part of this Resolution upon
S:\CA\RESO\Agreements\Award of Bid for Generators to Advanced Generator Sales-Reso.docx
1 adoption.
2 Section 2. The City Commission of the City of Boynton Beach, Florida,
3 hereby approves the Award Bid No. 003-2821-21/RW for Diesel/Propane Generator and
4 By-Pass Pump Maintenance and Repair Service, for the Utilities and Facilities
5 Departments and authorize the City Manager to sign an Agreement in an amount not to
6 exceed $150,000.00 annually with Advance Generator Sales & Service, Inc. of Royal
7 Palm Beach FL,as the lowest responsive,responsible bidder.A copy of the Agreement is
8 attached hereto and incorporated herein as Exhibit"A".
9 Section 3. That this Resolution shall become effective immediately.
10 PASSED AND ADOPTED this 1 day of March,2021.
11 CITY OF BOYNTON BEACH,FLORIDA
12 YES NO
13
14 Mayor—Steven B.Grant
15
16 Vice-Mayor—Ty Penserga ✓
17
18 Commissioner—Justin Katz
9
2
20 Commissioner—Woodrow L.Hay
21
22 Commissioner—Christina L. Romelus
23
24 VOTE 10_D
25 ATTEST:
26
27
28oryreQ2 obi .wL.,)_5("kr2_,
29 Tammy Stanzi• e
30 Deputy City C erk
31
32
33 (Corporate Seal) ,
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•
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND VENDOR
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "The
Ci , and Advance Generator Sales & Services, Inc., hereinafter referred to as "Vendor", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION.The Vendor is retained by the City to provide labor, parts,and materials for
the maintenance and repairs to its emergency diesel/propane power generators both portable and
stationary and by-pass pumps located throughout the City of Boynton Beach.
2. SCOPE OF SERVICES. Vendor agrees to perform the services for the maintenance and repairs to the
City's emergency diesel/propane power generators both portable and stationary and by-pass pumps
located throughout the City of Boynton Beach, including the provision of all labor, materials, equipment
and supplies.
3. TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving of written
notice by the City to the Vendor to proceed. Vendor shall perform all services and provide all work
product required pursuant to this Agreement.
4. TERM. The initial Agreement period shall be for an initial term of two (2) years, commencing on the
date this agreement is last signed by the City. The City reserves the right to renew the agreement for
three (3)one-year renewals subject to vendor acceptance, satisfactory performance as determined by
the City, and determination by the City that renewal will be in the best interest of the City. An increase
in cost of less than 2% for each extension may be approved by the City administration and does not
require Commission approval.
5. PAYMENT. The Vendor shall be paid by the City for completed work and for services rendered in
accordance with the Schedule of Prices to this Agreement as follows:
a. Payment for the work provided by Vendor shall be made promptly on all invoices submitted
to the City properly, provided that the total amount of payment to Vendor shall not exceed
the total contract price without express written modification of the Agreement signed by the
City Manager or designee.
b. The Vendor may submit invoices to the City once per month during the progress of the
work for partial payment. Such invoices will be checked by the City, and upon approval
thereof, payment will be made to the Vendor in the amount approved.
c. Final payment of any balance due the Vendor of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the City.
d. Payment as provided in this section by the City shall be full compensation for work
performed, services rendered, and for all materials, supplies, equipment and incidentals
necessary to complete the work.
e. The Vendor's records and accounts pertaining to this Agreement are to be kept available
for inspection by representatives of the City and State for a period of three (3) years after
the termination of the Agreement. Copies shall be made available upon request.
6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other
materials produced by the Vendor in connection with the services rendered under this agreement shall
Bid No.003-2821-21/RW-DIESEL/PROPANE GENERATOR AND BY-PASS PUMP MAINTENANCE AND REPAIR C-1
be the property of the City whether the project for which they are made is executed or not.The Vendor
shall be permitted to retain copies, including reproducible copies, of drawings and specifications for
information, reference and use in connection with Vendor's endeavors.
7. COMPLIANCE WITH LAWS. Vendor shall,in performing the services contemplated by this Agreement,
faithfully observe and comply with all federal, state of Florida and City of Boynton Beach, ordinances
and regulations that are applicable to the services to be rendered under this agreement.
8. INDEMNIFICATION. Vendor shall indemnify, defend and hold harmless the City, its offices, agents
and employees,from and against any and all claims, losses or liability,or any portion thereof,including
attorney fees and costs,arising from injury or death to persons,including injuries,sickness, disease or
death to Vendor's own employees, or damage to property occasioned by a negligent act, omission or
failure of the Vendor.
9. INSURANCE. The Vendor shall secure and maintain in force throughout the duration of this contract
comprehensive general liability insurance with a minimum coverage of$1,000,000 per occurrence and
$1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property
damage,and professional liability insurance in the amount of$1,000,000 per occurrence to$2,000.000
aggregate with defense costs in addition to limits.
Said general liability policy shall name the City of Boynton Beach as an additional named insured and
shall include a provision prohibiting cancellation of said policy except upon thirty(30)days prior written
notice to the City. Certificates of coverage as required by this section shall be delivered to the City
within fifteen (15)days of execution of this agreement.
10. INDEPENDENT CONTRACTOR. The Vendor and the City agree that the Vendor is an independent
contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement
shall be considered to create the relationship of employer and employee between the parties hereto.
Neither Vendor nor any employee of Vendor shall be entitled to any benefits accorded City employees
by virtue of the services provided under this Agreement. The City shall not be responsible for
withholding or otherwise deducting federal income tax or Social Security or for contributing to the state
industrial insurance program, otherwise assuming the duties of an employer with respect to Vendor, or
any employee of Vendor.
11. COVENANT AGAINST CONTINGENT FEES. The Vendor warrants that he has not employed or
retained any company or person, other than a bona fide employee working solely for the Vendor, to
solicit or secure this contract, and that he has not paid or agreed to pay any company or person,other
than a bona fide employee working solely for the Vendor any fee,commission, percentage,brokerage
fee, gifts, or any other consideration contingent upon or resulting from the award or making of this
contract.
For breach or violation of this warranty,the City shall have the right to annul this contract without liability
or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full
amount of such fee, commission, percentage, brokerage fee,gift,
or contingent fee.
12. DISCRIMINATION PROHIBITED. The Vendor, with regard to the work performed by it under this
agreement,will not discriminate on the grounds of race,color, national origin, religion,creed, age, sex
or the presence of any physical or sensory handicap in the selection and retention of employees or
procurement of materials or supplies.
13. ASSIGNMENT. The Vendor shall not sublet or assign any of the services covered by this Agreement
without the express written consent of the City.
14. NON WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided
for in this Agreement shall not constitute a waiver of any other provision.
Bid No.003-2821-21/RW-DIESEL/PROPANE GENERATOR AND BY-PASS PUMP MAINTENANCE AND REPAIR C-2
15. TERMINATION.
a. The City reserves the right to terminate this Agreement at any time by giving thirty
(30)days written notice to the Vendor.
b. in the event of the death of a member, partner or officer of the Vendor, or any of its supervisory
personnel assigned to the project,the surviving members of the Vendor hereby agree to complete
the work under the terms of this Agreement,if requested to do so by the City.This section shall not
be a bar to renegotiations of this Agreement between surviving members of the Vendor and the
City,if the City so chooses.
16. 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.
17. NOTICES. Notices to the City of Boynton Beach shall be sent to thefollowingaddress:
City of Boynton Beach
Attn: Director of Finance
100 E. Ocean Avenue
Boynton Beach, FL 33435
Notices to Vendor shall be sent to the following address:
Advance Generator Sales&Services, Inc.
12351 59th Street N
Royal Palm Beach,FL 33411
Attention: 'TL.a c. t [fj i d t5
Contact#: lo 17 1 - Q?-(o
Email Address: ad ua nr en 4 !Aft
18. INTEGRATED AGREEMENT. This agreement,together with attachments or addenda,represents the
entire and integrated agreement between the City and the Firm and supersedes all prior negotiations,
representations, or agreements written or oral. This agreement may be amended only by written
instrument signed by both City and Firm.
19. 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
Bid No.003-2821-21/RW-DIESEL/PROPANE GENERATOR AND BY-PASS PUMP MAINTENANCE AND REPAIR C-3
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.
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
GlBSONC(aBBFL"US
20. E-VERIFY.
Contractor certifies that it is aware of and complies with the requirements of Section 448.095, Florida
Statues,as may be amended from time to time and briefly described herein below.
1) Definitions for this Section:
"Contractor" means a person or entity that has entered or is attempting to enter into a contract with a
public employer to provide labor,supplies,or services to such employer in exchange for salary,wages,
or other remuneration."Contractor"includes,but is not limited to,a vendor or consultant.
"Subcontractor"means a person or entity that provides labor,supplies,or services to or for a contractor
or another subcontractor in exchange for salary,wages,or other remuneration.
"E-Verify system" means an Internet-based system operated by the United States Department of
Homeland Security that allows participating employers to electronically verify the employment eligibility
of newly hired employees.
2) Registration Requirement;Termination:
Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register
with and use the E-verify system in order to verify the work authorization status of all newly hired
employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E-
Verify System to verify the employment eligibility of:
a) All persons employed by a Contractor to perform employment duties within Florida during
the term of the contracts and
b) All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by
Contractor to perform work pursuant to the contract with the City of Boynton Beach. The.
Contractor acknowledges and agrees that registration and use of the U.S. Department of
Homeland Security's E-Verify System during the term of the contract is a condition of the
contract with the City of Boynton Beach;and
c) The Contractor shall comply with the provisions of Section 448.095, Fla. Stat.,
"Employment Eligibility,"as amended from time to time.This includes, but is not limited to
registration and utilization of the E-Verify System to verify the work authorization status of
all newly hired employees. Contractor shall also require all subcontractors to provide an
affidavit attesting that the subcontractor does not employ, contract with, or subcontract
with, an unauthorized alien.The Contractor shall maintain a copy of such affidavit for the
Bid No.003-2821-21/RW-DIESEL/PROPANE GENERATOR AND BY-PASS PUMP MAINTENANCE AND REPAIR C-4
duration of the contract. Failure to comply will lead to termination of this Contract, or if a
subcontractor knowingly violates the statute, the subcontract must be terminated
immediately. Any challenge to termination under this provision must be filed in the Circuit
Court no later than twenty(20)calendar days after the date of termination.Termination of
this Contract under this Section is not a breach of contract and may not be considered as
such. If this contract is terminated for a violation of the statute by the Contractor, the
Contractor may not be awarded a public contract for a period of one(1)year after the date
of termination.
21.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.
•
Bid No.003-2821-21/RW-DIESEL/PROPANE GENERATOR AND BY-PASS PUMP MAINTENANCE AND REPAIR C-5
F
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"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 same agreement among the parties. A
facsimile signature shall constitute an original signature for all purpose."
IN WITNESS WHEREOF, the parties have hereto set their hands and seals on the day and year
set forth below their respective signatures.
1 IN WITNESS WHEREOF,the parties hereto have executed this Contract in multiple copies,each of which
shall be considered an original on the following dates:
DATED this ( day of f bYUOJ , 20 D [ .
CITY OF BOYNTON BEACH ADVANCE GENERATOR SALES &SERVICES, INC.
yei 1,....." g9t.,„,.........--c -11./.1# 4;
Lori LaVerriere, City Manager (Sgnature), Authorized Official
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Printed Name of Authorized Official
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Attest/Authenticated; Q, Restde,y
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Approved as to Form: Attest/Authenticated:
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Bid No.003-2821-21/RW-DIESEL/PROPANE GENERATOR AND BY-PASS PUMP MAINTENANCE AND REPAIR C-6