R18-135 1
2 RESOLUTION NO. R18-135
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
5 FLORIDA, APPROVING PIGGY-BACKING A CITY OF
6 DEERFIELD BEACH CONTRACT #2016-17/21 WITH TM-
7 COUNTY MOBILE WASH, INC., D/B/A SUPERIOR WASH
8 IN AN ESTIMATED ANNUAL EXPENDITURE OF
9 $80,000.00; AUTHORIZING THE CITY MANAGER TO
10 SIGN A CONTRACT WITH TM-COUNTY MOBILE WASH,
11 INC., D/B/A SUPERIOR WASH; AND PROVIDING AN
12 EFFECTIVE DATE.
13
14 WHEREAS, City staff has confirmed that the City of Deerfield Beach's
15 procurement process satisfies the City of Boynton Beach's competitive bid requirements;
16 and
17 WHEREAS,upon recommendation of staff, it is the City's desire to piggy-back the
18 City of Deerfield Beach contract #2016-17/21 with Tri-County Mobile Wash, Inc., d/b/a
19 Superior Wash to provide City-wide vehicle washing services for an estimated annual
20 expenditure of$80,000.00.
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
24 as being true and correct and are hereby made a specific part of this Resolution upon
25 adoption.
26 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
27 approves piggy-backing the City of Deerfield Beach contract#2016-17/21 with Tri-County
28 Mobile Wash, Inc., d/b/a Superior Wash to provide City-wide vehicle washing services for
29 an estimated annual expenditure of$80,000.00.
30 Section 3. The City Manager is hereby authorized to sign a contract with Tri-
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31 County Mobile Wash, Inc., d/b/a Superior Wash, a copy of which is attached hereto as
32 Exhibit"A".
33 Section 4. That this Resolution shall become effective immediately.
34 PASSED AND ADOPTED this 20th day of September, 2018.
35 CITY OF BOYNTON BEACH, FLORIDA
36 YES NO
37
38 Mayor— Steven B. Grant
39
40 Vice Mayor—Christina L. Romelus
41
42 Commissioner—Mack McCray
43
44 Commissioner—Justin Katz /
45
46 Commissioner—Joe Casello
48 �
48 VOTE
49 ATTEST:
50
51
52 �)
6
53 Judith 'i Pyle, CMC
54 City Cl k
55
56
57 (Corporate Seal)
58
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CONTRACT FOR CITY-WIDE VEHICLE WASHING SERVICES
This Agreement is by and between TRI-COUNTY MOBILE WASH, INC., d/b/a
SUPERIOR WASH, a Florida Corporation,with offices at 1020 NE 44th Street, Oakland Park, FL
33334("SUPERIOR"),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, washing the trucks and engines will support the Fleet Division with the
preventative maintenance process by reaching rubbish and corroded areas which are hard for
technicians to address; and
WHEREAS, SUPERIOR,has agreed to allow the City to piggy-back the City of Deerfield
Beach Contract No. ITB #2016-17/21 to provide City-wide vehicle washing services for an
estimated annual expenditure of$80,000.00 at prices based on City of Deerfield Beach 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 SUPERIOR agree that SUPERIOR shall provide City-wide
vehicle washing services for an estimated annual expenditure of $80,000.00 at prices based on
City of Deerfield Beach contract #ITB 2016-17/21, a copy of which is attached hereto as Exhibit
"A", except as hereinafter provided:
A. All references to the City of Deerfield Beach shall be deemed as references to the
City of Boynton Beach.
B. Scrutinized Companies
By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and
F.S. 215.473, 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
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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.
C. Any reference to Broward County shall be accepted as Fifteenth Judicial Circuit,
Palm Beach County, Florida.
D. 6.2 AUDIT RIGHT AND RETENTION OF RECORDS.
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:
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 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
4) 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.
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:
(CITY CLERK) 3301 QUANTUM BLVD.
BOYNTON BEACH, FLORIDA, 33435.
561-742-6061.
PYLEJ@BBFL.US
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E. 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
And to the Contractor at:
SUPERIOR WASH
1020 NE 44th Street
Oakland Park, FL 33334
Section 3. In the event that the City of Deerfield Beach Contract is amended, or
terminated, SUPERIOR shall notify the City within ten (10) days. In the event the City of
Deerfield Beach Contract 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.
Section 4. SUPERIOR 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.
Section 6. In all other aspects,the terms and conditions of the City of Deerfield Beach
Contract are hereby ratified and shall remain in full force and effect under this Contract, as
provided by their terms.
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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
AFI EST:
/1.� By: CYC-xr<-.. 4411244-4-4.-.-E---
- Lori LaVerriere, City Manager
JugrA2/44-70
A. Pyle, CMC,City Clerk
APPROVED AS TOFORM:
i t , ft) - i / /0S2
amen A. C f, 1 • �� on+t/ Date
TRI-COUNTY MOBILE WASH,INC.,
d/b/a SUPERIOR WASH
WI :SSE_•
BY: , 'TACE A
Print Nan '1.''' d
/fi Title: S//JEn/r
ATTEST:
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Date
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EXHIBIT A
AGREEMENT BETWEEN CITY OF DEERFIELD BEACH
AND TRI-COUNTY MOBILE WASH,INC.,d/b/a SUPERIOR WASH
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