R19-049RESOLUTION NO. R19- 0tAO�
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN
AN AGREEMENT WITH BOUND TREE MEDICAL, LLC.,
UTILIZING THE MONROE COUNTY CONTRACT NO. 91-0-2016
FOR AN ESTIMATED ANNUAL EXPENDITURE OF $80,000.00; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City currently has a bid in place for medical supplies and
pharmaceuticals which expires July 2, 2019; and
WHEREAS, this Agreement allows the City's Fire EMS to access another vendor for
the necessary medical supplies when needed; 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
Bound Tree to provide medical supplies and pharmaceuticals through November 30, 2019 with
two one-year options for renewal for an estimated annual expenditure of $80,000.00 at prices
based on Monroe County Board of County Commissioners and Board of Governors Fire and
Ambulance District 1 of Monroe County, Florida contract No. 91-0-2016.
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
and authorizes the City Manager to sign an Agreement with Bound Tree Medical, LLC., to
provide medical supplies and pharmaceuticals through November 30, 2019 with two one-year
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options for renewal for an estimated annual expenditure of $80,000.00 at prices based on
Monroe County Board of County Commissioners and Board of Governors Fire and Ambulance
District 1 of Monroe County, Florida contract No. 91-0-2016, 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 - day of , 2019.
CITY OF BOYNTON BEACH, FLORIDA
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Judith A. Pyle, CMC
City Clerk
(Corporate Seal)
YES NO
Mayor – Steven B. Grant
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Vice Mayor – Justin Katz
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Commissioner – Mack McCray
Commissioner – Christina L. Romelus
Commissioner – Ty Penserga
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VOTE
eenester Nieves
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MEDICAL SUPPLIES AGREEMENT
This Agreement is made as of this n day of �T) cs, , 2019 by and between BOUND
TREE MEDICAL LLC., a Foreign Limited Liability Companykauthorized to do business in the
State of Florida with an address of 5000 Tuttle Crossing Blvd., Dublin OH 43016 ("BOUND
TREE" or "Contractor"), 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's Fire EMS Department utilizes medical supplies and
pharmaceuticals which are consistently on backorder and utilizing the pricing from the Monroe
County Board of County Commissioners and Board of Governors Fire and Ambulance District 1
of Monroe County, Florida contract will add an additional vendor for medical supplies to obtain a
greater pool to purchase from; and
WHEREAS, BOUND TREE, has agreed to allow the City to piggy -back the Monroe
County Board of County Commissioners and Board of Governors Fire and Ambulance District 1
of Monroe County, Florida Contract No. 91-0-2016 to provide medical supplies and
pharmaceuticals through November 30, 2019 with two one-year options for renewal for an
estimated annual expenditure of $80,000.00 at prices based on Monroe County Board of County
Commissioners and Board of Governors Fire and Ambulance District 1 of Monroe County, Florida
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 BOUND TREE agree that BOUND TREE shall provide medical
supplies and pharmaceuticals through November 30, 2019 with two one-year options for renewal
for an estimated annual expenditure of $80,000.00 at prices based on Monroe County Board of
County Commissioners and Board of Governors Fire and Ambulance District 1 of Monroe County,
Florida contract No. 91-0-2016, a copy of which is attached hereto as Exhibit "A", except as
hereinafter provided:
A. All references to Monroe County or County shall be deemed as references to the City of
Boynton Beach. Venue for any litigation arising under this contract must be in a court of
competent jurisdiction in Palm Beach County, Florida.
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B. 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
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:
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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.
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
Section 3. In the event that the Monroe County Board of County Commissioners and Board
of Governors Fire and Ambulance District 1 of Monroe County, Florida Contract is amended, or
terminated, BOUND TREE shall notify the City within ten (10) days. In the event the Monroe
County Board of County Commissioners and Board of Governors Fire and Ambulance District 1
of Monroe County, Florida 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. BOUND TREE 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
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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 Monroe County Board of
County Commissioners and Board of Governors Fire and Ambulance District I of Monroe County,
Florida 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:
PityClerk
APPROYID AS'TO FORM:
Attorney
WITNES S:
, z A(
SEI�ROMRY
CITY OF BOYNTON BEACH, FLORIDA
By: !?" ��k
Lori LaVerriere, City Manager
BOUND TREE MEDICAL, LLC.
BY:
Print e: Rhiannon Greene
Title: Senior Vice President. Pricin
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EXHIBIT A
AGREEMENT BETWEEN MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS AND
BOARD OF GOVERNORS FIRE AND AMBULANCE
DISTRICT 1 OF MONROE COUNTY, FLORIDA
AND BOUND TREE MEDICAL, LLC.
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