R19-0462
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RESOLUTION NO. R19-046
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING THE RECOMMENDATION OF
THE EVALUATION COMMITTEE AND AUTHORIZING
THE CITY MANAGER TO SIGN A THREE (3) YEAR
AGREEMENT WITH ROSSMAN ENTERPRISES DBA
CLEAN AIR CONCEPTS AS A RESULT OF RFP # 021-2210-
19/IT FOR THE INSTALLATION OF VEHICLE EXHAUST
EXTRACTION SYSTEM FOR FIRE STATION #3 WITH AN
ESTIMATED COST OF $54,015.00.; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the On March 18, 2019, the City opened and tabulated one (1)
proposal to RFP # 021-2210-19/IT for Vehicle Exhaust Extraction System. This RFP was
issued to provide and install vehicle exhaust removal system in various Fire Stations within
the City of Boynton Beach; and
WHEREAS, on March 29, 2019, in a public noticed evaluation meeting, the
Selection Committee, comprised of City Staff, revealed their independent scores for the sole
proposal based upon the evaluation criteria described in the RFP; and
WHEREAS, the scores were tabulated by Purchasing Services to arrive at the final
score and since there was only one (1) proposal, the Committee recommended negotiating
the price with the vendor; and
WHEREAS, the City Commission of the City of Boynton Beach upon recommendation
of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to
Approve the recommendation by the Evaluation Committee and authorize the City Manager to
sign an Agreement with Rossman Enterprises DBA Clean Air Concepts as a result of RFP #
021-2210-19/IT for the installation of Vehicle Exhaust Extraction System for Fire Station #3
with an estimated cost of $54,015.00. The Agreement shall be for a period of three (3) years
commencing on the date the Agreement is executed by the City with two (2) one-year renewals.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
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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.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
approves the recommendation by the Evaluation Committee and authorizes the City Manager
to sign an Agreement with Rossman Enterprises DBA Clean Air Concepts as a result of RFP #
021-2210-19/IT for the installation of Vehicle Exhaust Extraction System for Fire Station #3
with an estimated cost of $54,015.00, for a period of three (3) years commencing on the date
the Agreement is executed by the City with two (2) one-year renewals. A copy of the
Agreement is attached hereto as Exhibit "A".
Section 3. That this Resolution shall become effective immediately.
PASSED AND ADOPTED this 4A day of , 2019.
CITY OF BOYNTON BEACH, FLORIDA
Mayor — Steven B. Grant
Vice Mayor — Justin Katz
Commissioner — Mack McCray
Commissioner — Christina L. Romelus
Commissioner — Tyrone Penserga
VOTE
ATTEST:
Y .d 7'01y
Judi A. Pyle, CMC Fr
tZ
Ci Clerk V
YES NO
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(Corporate Seal) 1441t,*'j01L11D Tv; =-
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AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND ROSSMAN
ENTERPRISES, INC D/B/A CLEAN AIR CONCEPTS
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City", and Rossman Enterprises, Inc. d/b/a Clean Air Concepts . 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 perform professional
services in connection with the RFP FOR VEHICLE EXHAUST EXTRACTION SYSTEM;
RFP No.: 021-2210-19/IT.
2. SCOPE OF SERVICES. VENDOR agrees to perform the services, identified in Section II —
Scope of Services and attached hereto as Exhibit A. City intends to install similar systems
in the other fire stations over the life of this agreement and will get pricing from vendor for
each station as installation is requested.
3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon 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 upon written notice to proceed.
4. TERM: This Agreement shall commence upon award by City Commission for three (3)
years, with ability to renew for two (2), one (1) year renewals.
5. PAYMENT: The City will pay the VENDOR, the fees as set forth in Exhibit B, Fees and
Payments, which is attached hereto and made a part hereof.
These fees will be paid by the City for completed work and for services rendered under this
agreement as follows, not to exceed _$54,015.00_for Fire Station #3_, future stations costs
will be determined at a later date.
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 her designee.
b. The VENDOR may submit invoices to the City once per month during the progress of the
work for partial payment for project completed to date. Such invoices will be reviewed
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 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 and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
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 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; workers' compensation insurance, and vehicular liability insurance.
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 Professional 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.
15. TERMINATION.
a. The City reserves the right to terminate this Agreement at any time by giving ten
(10) 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 the following address:
Lori LaVerriere, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Notices to VENDOR shall be sent to the following address:
Maggie Rossman-Roach
President
11449 Deerfield Road
Cincinnati, OH 45252
18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the VENDOR 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
Professional.
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 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:
JUDY PYLE, CITY CLERK
3301 QUANTUM BLVD., SUITE 101
BOYNTON BEACH, FLORIDA, 33435
561-742-6061
PYLEJ@BBFL.US
20. 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.
DATED this day of , 20�
CITY OF BOYNTON BEACH
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Lori LaVerriere, City Manager
Attest/Authenticated:
Signature of Au horized Official
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Queenester Nieves
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Approved as to Form:
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Page X11 of 989
EXHIBIT A
SCOPE OF SERVICES
Section II — OBJECTIVES, REQUIREMENTS AND TECHNICAL REQUIREMENTS
1. OBJECTIVES OF THE RFP
The City of Boynton Beach is seeking to enter into an Agreement with a responsive and
responsible Proposer qualified to provide and install vehicle exhaust removal systems in
various Fire Stations within the City of Boynton Beach, per the terms, conditions and
specifications in this RFP in a timely and cost effective manner.
The City was awarded a grant by the Department of Homeland Security (FEMA) for
these services.
2. CONTRACT TERM AND ADDITIONAL CITY LOCATIONS THAT MAY BE
CONSIDERED FOR VENTILATION EXHAUST SYSTEMS
The City may over the next five (5) years wish to install vehicle exhaust extraction
systems at other Fire Station locations and/or other City locations.
The City is seeking an Agreement for an initial term of three (3) years, with two (2)
additional one-year renewal terms based upon satisfactory performance and mutual
agreement of the City and the awardee.
Pricing for each additional location shall be based upon the same pricing methodology
used for this proposal and shall be negotiated per location.
3. TECHNICAL REQUIREMENTS
A. Extraction System Overview
1. The exhaust system shall be designed to vent 100% of exhaust gases and particulate
safely to the outside of the fire station. The exhaust system shall be designed and
installed by factory trained and authorized personnel, certified by the manufacturer of
the exhaust system. Manufacturers shall be required to have a minimum of five years
of proven manufacturing experience in the manufacture of emergency vehicle
exhaust extraction equipment.
2. The department shall be able to use the exhaust system for performing engine and
pumper checks indoors.
3. System must be designed for high temperature vehicle exhaust fire rescue applications.
The system shall automatically activate, disconnect, shutdown, and reactivate upon
return without human intervention.
4. Exceptions and Variances from any of the specifications outlined in these bid
specifications must be acknowledged and listed on a sheet attached to your bid.
Failure to list and acknowledge exceptions to the specifications will result in rejection
of the bid.
B. System Description
The exhaust system shall be a source capture system designed to handle exhaust
fumes from diesel engines. The system shall address a total of 3 capture points (3
vehicle bays) housed in the following Station: Fire Station #3, 3105 N. Congress
Avenue, Boynton Beach FL 33436
C. Specifications
1. System
a. The vehicle exhaust removal system must be a "hands-free" system automatic
activated system to allow emergency personnel to respond to the emergency at
hand.
b. The system shall automatically activate: when apparatus starts for egress as well
as ingress to the station, and through additional options as stated within these
specifications. The vehicle system must incorporate a timer (or comparable)
which shall be easily adjustable.
c. The timer control and the filtration or exhaust units with all components in place
as a system must be ETL (Electrical Testing Laboratories) approved to UL 507
Standards, with documentation provided with submittal.
d. The timer control must be 100% low voltage (24V max.) to eliminate shock
hazards to personnel, with no high voltage incorporated in the controls.
2. Equipment
a. The system shall be delivered and installed as a turnkey
project with no requirement for station personnel involvement.
b. The system shall be capable of capturing vehicle exhaust by
means of filters or by expelling vehicle exhaust meeting NIOSH (National
Institute for Occupational Safety and Health) and OSHA (Occupational Safety
and Health Administration standards.
3. Safety
a. Components of the system must be ETL (Edison Testing Laboratory) approved.
b. Filtration units (if any) or fan unit must have an integral overload breaker switch
to work in tandem with electrical panel breakers.
c. Control unit shall be self-contained and able to be run manually as needed.
d. LED (or equivalent) visible indicators shall be present to indicate unit power is
activated.
e. Fan/Blower unit shall be equipped with a fan motor overload switch to prevent
overheating.
f. Surge protection against electrical spikes damaging controls shall be provided.
g. If particulate filters are to be used, the MERV rating based on ASHRAE
standards must be listed and filtration manufacturer information included, to
ensure safe levels of diesel particulate capture control.
4. Activation
a. All supplied units must work in tandem with and include an automatic, hands
free, low voltage (24V) or air actuated system with little maintenance will be
required over the entire life of the activation system.
b. If multiple units within a building are needed, the system power sequence
start/stop shall have a 25 second sequence delay between pairs of units to
prevent heavy power draw.
c. A photoelectric -eye, flow switch, or CO/NO2 sensor shall activate the system.
d. Each Bay shall have provisions for exhaust removal coverage.
5. Nozzle Attachment -Under Chassis Exhaust -Engine
a. The Exhaust Capture System must provide complete, 100% exhaust removal at
the source from vehicle start up to exit of the apparatus from the station. In no
event shall the nozzle allow for the potential escaping of diesel exhaust into the
bay area. A check valve in the tailpipe adaptor or some other method to seal off
the backwash of toxic exhaust gases is required to stop contaminant from
escaping into the bay area during high RPM engine operation or when the
system is not powered up during a power failure. It is a requirement of this RFP
that the system be capable of capturing 100% of exhaust gas and particulate
even in the event the fan does not activate.
Any nozzle that does not seal completely seal 100% around the tailpipe will
not be accepted. NO EXCEPTIONS.
b. The system shall be designed so that attachment of exhaust hose to tailpipe is
accomplished with one simple motion by the operator.
c. A rigid lower hose section with handle shall be provided to allow for easy hose
connection.
d. The nozzle shall allow for the introduction of ambient air to significantly cool the
air stream inside the hose and prolong the life of the equipment. Any system
that does not seal around the tailpipe and allow for cool ambient air
introduction shall be eliminated.
e. All adapters and nozzles shall be of similar size to allow vehicles to freely move
from bay to bay Any Nozzle adapter shall not exceed 7 -inch diameter to allow
adequate ground to tailpipe clearance.
f. Tailpipe adapter and nozzle must have inlet that is 5 inches or greater so,
exhaust airflow is not impeded. Nozzle to flex hose elbow transition must also be
5 inches or larger to maximize airflow.
6. Installation
Installation shall be performed by qualified installers with experience in performing
installations of same type equipment. The City shall inspect each unit installation to
verify installation for warranty reasons. Boynton Beach Fire Rescue Department will
be responsible for the electrical energy source that will provide the proper voltage
and current requirements of the electrical components within the system(s). The
vendor shall provide all related instruction manuals to the city upon completion.
System Warranty
Complete exhaust system warranty on all equipment and labor be for a minimum of
1 year. A warranty certificate describing the warranty must be included in the RFP
submittal. Location and name of nearest service outlet should be listed in the
submittal. Location of parts inventory shall be indicated as well. All equipment must
be supplied by one system manufacturer with the complete system covered in its
entirety by the manufacturer's warranty.
EXHIBIT B
FEES AND PAYMENTS
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A DIVISION OF CLEAN AIR CONCEPTS
DATE: April 3, 2019
PROPOSAL FOR: City of Boynton Beach
3301 Quantum Boulevard
Suite 101
Boynton Beach, Florida 33426
ATTENTION: Finance/Procurement Services
REF: RFP NO. 021-2210-19/IT-Vehicle Exhaust Extraction System
PROJECT SCOPE: Provide and install a fully automatic MagneGripT°" Diesel Exhaust Extraction
System for the source capture and the removal of vehicle exhaust emissions
from Apparatus' start up to door threshold.
EQUIPMENT, MATERIAL AND LABOR PRICE:
STATION #3-3105 N Congress Avenue, Boynton Beach, FL 33436:
Three Drop MagneGripT" Straight Suction Rail and Vertical Stack Track Exhaust Removal Systems
Package Includes:
(2) SSRM-601 Suction Rail systems complete with 5" inch high temperature hose, with (1) Trolley
Assembly with external guide wheels, (1) MagneGrip Nozzle Assembly that seals completely
around the tailpipe to contain contaminated air and (1) Adaptor assembly that provides easy
connection and cool air induction per rail.
• (1) 530630-05 Extreme High Temperature Lower Hose rated at 850 degrees, with Handle
Assembly
• (1) VSR-601D Vertical Stack Rail Drive Thru
• (1) CF363-5 MagneGrip Exhaust Fan Model CF363 with durable powder coating and of continuous
welded construction throughout. Fan has an efficient backward incline, spark resistant fan wheel
and is rated at 5hp 3300 cfm @ 6"sp, meets AMCA #2 standard and bench balanced to ANSI
Standard for stability. Fan shall be wired for three phase.
(1) 500179-08 Wireless Auto -Start Control Panel in NEMA 4X enclosure with automatic start/stop
operation. Entire assembly is UL/CUL listed with timer, manual override switch, and wireless
capable.
• Wireless receiver, transmitters and pressure sensors for automatic system activation.
• (1) 500157-12 12" Up -blast Back Draft Damper Type Rain Cap
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11449 Deerfield Road I Cincinnati, OH 45242 513-489-4140 800-8]5-5440 Fax: 513-247-2502 I email: info@magnegrip.com
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A DIVISION OF CLEAN AIR CONCEPTS
• Electrical Power Wiring from available supply to control panel and to fan. Safety disconnect for
fan motor. Does Not Include any subpanels if required, and excludes any modifications required
to bring service to code.
• Tailpipe Modifications as required but, limited to vehicle tailpipes from the muffler out. Large
modifications and severely damaged tailpipes may be excluded.
All spiral ductwork, lateral connectors, dampers and hangers for Class 2 Mechanical Installation
included.
• Adjustable Telescopic Support Legs to hang rail or track systems
• Shipping to Job Site, Included
• Factory provided labor to install above system to provide a complete turnkey project
• Start up and Field Training
• Equipment is 100% American Made by an IS09001-2015 Company
STATION #3 PRICE...............................................................................................$54,015.00
TERMS:
• Does not include roof penetration and sealing, if required
• Net Due upon Receipt of Invoice
Pricing does 1(= Include any state taxes, sales tax or special tax if required.
SUBMITTED BY:
Clean Air Concepts Sign
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Maggie Rossman-Roach, President
Title
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Date
ACCEPTED BY:
PO #, If Required
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11449 Deerfield Road I Cincinnati, OH 45242 513-489-4440 800-875-5440 1 Faz: 513-247-2502 I email: info@magnegrip.com
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