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R19-138 1 RESOLUTION NO. R19-138 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING THE PIGGY-BACK OF THE PALM BEACH COUNTY 5 TERM CONTRACT 18055A AND ANY AMENDMENTS THERETO 6 FOR THE PURCHASE AND INSTALLATION OF FIBER OPTIC 7 CABLING BETWEEN ROLLING GREEN TOWER AND FIRE 8 STATION #5 BY PRECISION CONTRACT SERVICES IN THE 9 AMOUNT OF $300,000 AND AUTHORIZE THE CITY MANAGER 10 TO SIGN A PIGGY-BACK CONTRACT AND APPLICATIONS FOR 11 PERMITTING THE INSTALLATION; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 15 WHEREAS,the I.T.S. Department has budgeted funds in the 2019/2020 fiscal budget 16 to purchase and install fiber optic cabling between Rolling Green Tower and Fire Station #5 17 which will connect to existing fiber running from the Rolling Green Tower to City Hall; and 18 WHEREAS, the technology being installed in the new City Hall, Cultural Center, and 19 Fire Station #1 buildings require the capability to pass large amount of digital data at a time; 20 and 21 WHEREAS, the City Commission of the City of Boynton Beach, upon the 22 recommendation of staff, deems it in the best interest of the citizens and residents of the City 23 of Boynton Beach to approve and authorize the City Manager to sign applications for 24 permitting the installation and a piggy-back Agreement with Precision Contract Services for 25 the purchase and installation of fiber optic cabling between Rolling Green Tower and Fire 26 Station #5 in the amount of $300,000.00 at prices based on the Palm Beach County Term 27 Contract 18055A and any amendments thereto. 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 29 THE CITY OF BOYNTON BEACH,FLORIDA,THAT: C:\Users\StanzioneT\AppData\Local\Microsoft\W indows\INetCache\IE\94XI WK7N\Piggy-back_ _PBC_with_Precision_(fiber_optic_cabl ing)_-_Reso.docx 30 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 31 true and correct and are hereby made a specific part of this Resolution upon adoption hereof. 32 Section 2. The City Commission of the City of Boynton Beach hereby approves 33 and authorizes the City Manager to sign applications for permitting the installation and a piggy- 34 back Agreement with Precision Contract Services for the purchase and installation of fiber 35 optic cabling between Rolling Green Tower and Fire Station#5 in the amount of$300,000.00 36 at prices based on the Palm Beach County Term Contract 18055A and any amendments 37 thereto, a copy of which is attached hereto as Exhibit"A". 38 Section 3. That this Resolution shall become effective immediately upon passage. 39 PASSED AND ADOPTED this , day of November, 2019. 40 CITY OF BOYNTON BEACH, FLORIDA 41 42 YES NO 43 44 Mayor—Steven B. Grant ✓ 45 46 Vice Mayor—Justin Katz 47 48 Commissioner—Mack McCray ✓ 49 50 Commissioner—Christina L. Romelus ✓ 51 52 Commissioner—Ty Penserga 53 54 VOTE S7-10 55 ATTEST: 56 57 58 41,404, 59 C tal Gibson, MMC 60 City Clerk 61 4.1 62 ... 63 (Corporate Seal) 64 • i920 v ', FLOR\� , C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\INetCache\IE\94XIWK7N\Piggy-back_- _PBC_with_Precision_(fiber_optic_cabling)_-_Reso.docx FIBER OPTIC ENGINEERING, DESIGN, MATERIAL SUPPLIES AND INSTALLATION AGREEMENT This Agreement is made as of this ? day of , 2019 by and between PRECISION CONTRACTING SERVICES, INC., 15834 Guild Court, Jupiter, FL 33478 ("PRECISION' 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 technology being installed in the new City Hall,Cultural Center,and Fire Station#1 buildings require the capability to pass large amount of digital data at a time; and WHEREAS, adding this fiber optic cabling will provide the necessary bandwidth to pass the required data between the Town Square City buildings and the Fire Station#5 datacenter/Police Department datacenter; and WHEREAS, PRECISION, has agreed to allow the City to piggy-back the Palm Beach County Contract IFB #18-055/HS Fiber Optic Engineering, Design, Material, Supplies and Installation, Term Contract #18055 and and Renewal Term Contract #18055A for fiber optic cabling between Rolling Green Tower and Fire Station#5 through August 20, 2020 in the amount of$300,000.00 at prices based on Palm Beach County contract. 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 PRECISION agree that PRECISION shall provide and install fiber optic cabling between Rolling Green Tower and Fire Station #5 through August 20, 2020 in the amount of$300,000.00 at prices based on Palm Beach County IFB #18-055/HS Fiber Optic Engineering, Design, Material, Supplies and Installation,Term Contract#18055 and and Renewal Term Contract #18055A, a copy of which is attached hereto as Exhibit "A", except as hereinafter provided: A. All references to Palm Beach County, shall be deemed as references to the City of Boynton Beach. Venue for any litigation arising under this Agreement must be in a court of competent jurisdiction in Palm Beach County, Florida. Page 1 CAUses\.Stanzionet'Appdatal_ocal\Microsoft\Windows'\InetcachelE\SRGUJDTPiggyback_(PBC)_Fiber_Optic_Cabling_IPrecision) Agmt.Do cx 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 Agreement 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 Agreement and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. D. 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: Page 2 C:\Users\Stanzionet\Appdata Local\Microsofl\Windows\Inetcache\lE\8RGU1DTPiggyback_I PBC)_Fiber_Optic_Cabling_(Precision)_Agmt.Do cx 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 Agreement 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. CITYCLERK@BBFL.US Section 3. In the event that the Palm Beach County Contract is amended, or terminated, PRECISION shall notify the City within ten (10) days. In the event the Palm Beach County Agreement is amended or terminated prior to its expiration, this Agreement 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. PRECISION 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. Page 3 C:\Users\StanzionetWppdata\Local'Microsot•W indows\Inetcache\IE\8RGUJDI\Piggyback_(PBC)_Fiber_Optic_Cabling_(Precision►_Agmt.Do cx Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 6. 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 the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. Section 7. In all other aspects, the terms and conditions of the Palm Beach County Contract are hereby ratified and shall remain in full force and effect under this Agreement, 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. CITY OF BOYNTON BEACH, FLORIDA ATTEST: By: ,AA: �f iLu., e /✓,/./I/1 •tet• _ s Lori LaVerriere, City Manager Ci r#!Clerk x u APPROV • AST fi CORM: o� �q� / ,"1�' / eOYN'�n James A. Cherof, Cit 1 ttorney PRECISION CONTRACTING SERVICES, INC. W}TN..SES: 1110 E. 401101146&19.141 /I. Ari BY: lir '' 40 eild, Print Name: �,_ . rtl .., L.P.i _, �>■.. Title: nret A EST: iecer,-,41V/ 7 c;e___ SECRET: • Page 4 CAUsersStanzionet Appdata\Local\Microsoft'\Windows'\lnetcacheslE\BRGLJJDT\Piggyback_1PBC l_Fiber_Optic_Cabling_IPrecision)_Agmt.Do cx EXHIBIT A CONTRACT BETWEEN PALM BEACH COUNTY AND PRECISION CONTRACTING SERVICES,INC Page 5 C:\Users Stanzionet\Appdata\Local\Microsoft\WindowsUnetcache'IE RRGUIDTPiggyback_(PBC)_Fiba_Optic_Cabling_(Precision l_Agmt.Do cx �ti�'cy c Ga Purchasing Department Form L 50 South Military Trail,Suite 110 June 18, 2019 West Palm Beach.FL 33415-3199 (561)616-6800 FAX!(561)616.6811 Precision Contracting Services, Inc. Cindy Boyd, President, RCDD www.pbcgov.comlpurchasing 15834 Guild Court Jupiter, FL 33478 TERM CONTRACT #18055A Dear Vendor: This is to inform you that Palm Beach County Board of County Commissioners Palm Beach County ("County") is entering into a Term Contract with your company for FIBER OPTIC Board of County ENGINEERING, DESIGN, MATERIAL SUPPLIES AND INSTALLATION based on: Commissioners [XJ RENEWAL OF CONTRACT based on SOLICITATION#18-055/HS in accordance Mack Bernard.Mayor with all original terms, conditions,specifications and prices with no deviation. Dave Kerner,Vice Mayor The term of this contract is 08/21/2019 through 08/20/2020,and has an estimated dollar Hal R.Valeche value of$1,500,000. Gregg K.Weiss If applicable, Vendor shall maintain all insurance coverage(s) throughout the entire Robert S.Weinroth term of the contract, including any renewals or extensions thereof. Mary Lou Berger County User Departments will issue individual"Delivery Orders"against this contract as your authorization to deliver. The original invoice must be sent to the address on Melissa McKinlay the Delivery Order ("DO") and must reference the DO number (e.g., DO 680 XY030305000000001111). A copy of the invoice may be sent to the County User Department. Invoices submitted on carbon paper shall not be accepted. In order for the County to make payment, the Vendor's Legal Name; Vendor's Address; and Vendor's TIN/FEIN Number on the Vendor's bid/quote/response must be exactly the County Administrator same as it appears on the invoice and in the County's VSS system that can be accessed at https://pbcvssp Co.palm-beach.fl us/webapp/vssp/AltSelfService. Failure to Verdenia C.Baker comply with the foregoing mayresult in a delayin processingpayment. PY 9 9 � P Y If you have any questions, please contact Holly Skeen, Buyer at hskeen(a)pbcgov.orq or(561) 616-6828. Sin erely, • te K. leen M. Scarlett Di :ctor C: Candace Miller, Information Systems Services File "An Equal Opportunity Affirmative Action Lnlplov er printed on sustainable and recycled paper