R19-0301
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RESOLUTION NO. R19-030
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN
AN AGREEMENT WITH GRAYBAR ELECTRIC COMPANY,
UTILIZING THE KANSAS CITY, MISSOURI CONTRACT NO. 19260,
THROUGH US COMMUNITIES COOPERATIVE PURCHASING
PROGRAM IN THE AMOUNT OF $85,000.00; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, there is a need during the normal course of operations for staff to use
electrical/lighting supplies; and
WHEREAS, the City has utilized the US Communities cooperative purchasing
program in the past for electrical/lighting needs; and
WHEREAS, this Agreement allows for the ordering of these supplies; and
WHEREAS, the City Commission of the City of Boynton Beach, upon the
recommendation of staff, deems it in the best interest of the citizens and residents of the City
of Boynton Beach to approve and authorize the City Manager to sign an Agreement with
Graybar Electric Company of West Palm Beach, Florida utilizing the pricing from the Kansas
City, MO Contract No. EV2370 in the amount of $85,000.00 for the purchase of
electrical/lighting supplies.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being
true and correct and are hereby made a specific part of this Resolution upon adoption hereof.
Section 2. The City Commission of the City of Boynton Beach hereby approves
28 11 and authorizes the City Manager to sign an Agreement with Graybar Electric Company of
29 West Palm Beach, Florida utilizing the pricing from the Kansas City, MO Contract No.
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EV2370 in the amount of $85,000.00 for the purchase of electrical/lighting supplies, a copy of
which is attached hereto as Exhibit "A"
Section 3. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this 19`" day of March, 2019.
CITY OF BOYNTON BEACH, FLORIDA
YES NO
Mayor — Steven B. Grant -
Vice Mayor — Christina L. Romelus ---
Commissioner — Mack McCray
Commissioner — Justin Katz —
Commissioner — Ty Penserga i
VOTE S a
ATTEST:
Judit . Pyle, CMC If
City Clerk
(Corporate Seal)
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ELECTRICAL/LIGHTING SUPPLIES AGREEMENT
This Agreement is made as of this D day of 2019 by and between
GRAYBAR ELECTRIC COMPANY, INC., a Foreign corporation authorized to do business in
the State of Florida with an address of 1871 Old Okeechobee Road, West Palm Beach, FL 33409
("GRAYBAR"), 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 has utilized US Communities, a national cooperative purchasing
program, in the past for electrical/lighting supplies throughout the City. There is a need during the
normal course of operations that staff needs electrical/lighting supplies and utilizing the pricing
from the Kansas City, Missouri contract through the US Communities cooperative purchasing
program is an appropriate opportunity; and
WHEREAS, GRAYBAR, has agreed to allow the City to piggy -back the Kansas City,
Missouri Contract No. EV2370, to provide Electrical/Lighting Supplies through January 31, 2023
for an amount not to exceed $85,000.00 at prices based on Kansas City, Missouri 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 GRAYBAR agree that GRAYBAR shall provide
Electrical/Lighting Supplies through January 31, 2023 for an amount not to exceed $85,000.00 at
prices based on the Kansas City, Missouri Contract No. EV2370 through US Communities
cooperative purchasing program, a copy of which is attached hereto as Exhibit "A", except as
hereinafter provided:
A. All references to Kansas City, Jackson County, Missouri shall be deemed as references to the
City of Boynton Beach, Palm Beach County, Florida.
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. 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, 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.
D. Section 13. 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 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;
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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 CTTY's custodian of public records, in a
format that is compatible with the information technology systems of the CITY.
5) 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, FL, 33435.
561-742-6061.
PYLEJ@BBFL.US
(This clause 5 must be in 14 -point boldfaced type)
Section 3. In the event that the Kansas City, Missouri Contract is amended, or terminated,
GRAYBAR shall notify the City within ten (10) days. In the event the Kansas City, Missouri
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. GRAYBAR 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. In all other aspects, the terms and conditions of the Kansas City, Missouri
Contract are hereby ratified and shall remain in full force and effect under this Contract, 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.
ATTEST:
City Cler
• • , ; • I •,i;' • • •
Cherof,
WITNESSES:
ATTEST:
SECRETARY
CITY OF BOYNTON BEACH, FLORIDA
By:
Lori LaVerriere, City Manager
GRAYBAR ELECTRIC COMPANY, INC.
BY: A,
P ' Name: t7 1'� ►2T -rril
Title: ran c k A C r_
4'P •., WANDA I ORTIZ
• ?,'; Notary Public - State of Florida
• • = Commission a GG 069179
:. My Comm. Expires Feb 5, 2021
�' PondtdthftOU&IIW3fyAssn.
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EXHIBIT A
AGREEMENT BETWEEN KANSAS CITY, MISSOURI
AND GRAYBAR ELECTRIC COMPANY, INC.
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