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R19-134 RESOLUTION NO. R19-134 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE PIGGY-BACK OF A CITY OF ,, TUCSON, ARIZONA CONTRACT NO. 192163 FOR THE PURCHASE OF HARDWARE AMD SAFETY SUPPLIES WITH THE SAME TERMS, CONDITIONS, SPECIFICATIONS AND PRICING WITH AN ESTIMATED ANNUAL EXPENDITURE OF 11 $70,000; AUTHORIZING THE CITY MANAGER TO SIGN A 1 CONTRACT FOR WITH W.W. GRAINGER, INC., D/B/A 1 GRAINGER; AND PROVIDING AN EFFECTIVE DATE. 1 . 1 WHEREAS, City staff has confirmed that the procurement process meets or 1 , exceeds that of the City of Boynton Beach's requirements; and 10 WHEREAS, upon recommendation of staff, it is the City's desire to piggy-back a 1 City of Tucson, Arizona Contract No. 192163 for the purchase of hardware and safety 1 • supplies for an estimated annual expenditure of$70,000 with the same terms, conditions, 1 specifications. 211 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 2 THE CITY OF BOYNTON BEACH,FLORIDA,THAT: 2' Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 2• as being true and correct and are hereby made a specific part of this Resolution upon 2 adoption. 2. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 2. approves the piggy-back of a City of Tucson,Arizona Contract No. 192163 for the purchase 2' of hardware and safety supplies with the same terms, conditions, specifications and pricing 2: with an estimated annual expenditure of$70,000. 2! Section 3. The City Manager is hereby authorized to sign a contract with 31 Grainger, a copy of which is attached hereto as Exhibit"A". C:\Users\Stanzionet\Appdata\Local\Microsof\Windows\Inetcache\IE\HE6MEH3X\Piggy- Back_Tucson_(Grainger_For_Hardware_And_Safety_Equipment)_-_Reso.Docx 3' Section 4. That this Resolution shall become effective immediately. 32 PASSED AND ADOPTED this day of 00Venn -, 2019. 33 34 CITY OF BOYNTON BEACH, FLORIDA 3$ 3$ YES NO 3$ Mayor— Steven B. Grant 3$ 40 Vice Mayor—Justin Katz 4' 42 Commissioner—Mack McCray ✓ 43 44 Commissioner—Christina L. Romelus f 4$ 4$ Commissioner—Ty Penserga 4' 4$ 48 VOTE 50 5' ATTEST: 52 53 48)3,1.04.% 54 5 C stal Gibson, MMC 5$ City Clerk 5' 5$ 5$ 6Q "(Corporate Seal) r-y • ry C:\Users\Stanzionet\Appdata\Local\Microsoft\W indows\Inetcache\IE\HE6MEH3X\Piggy- Back_Tucson_(Grainger_For_Hardware_And_Safety_Equipment)__Reso.Docx CONTRACT FOR HARDWARE AND SAFETY SUPPLIES This Contract is made as of this day of , 2019 by and between W.W. GRAINGER d/b/a GRAINGER, authorized to do business in the State of Florida, with offices at 100 Grainger Parkway, Lake Forest, IL 60045 ("GRAINGER"), and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with an address of P.O. Box 310, Boynton Beach, FL 33432 (the"City"). RECITALS WHEREAS, supplies are necessary to provide safe working conditions and to supply the proper tools and equipment needed to perform various jobs; and WHEREAS, the City is utilizing the City of Tucson, Arizona OMNIA Partners Contract #192163 with GRAINGER to provide hardware and safety supplies in the estimated annual expenditure of$70,000; 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 GRAINGER agree that GRAINGER shall provide hardware and safety supplies in the estimated annual expenditure of$70,000 based on CITY OF TUCSON Contract No. 192163, a copy of which is attached hereto as Exhibit "A", except as hereinafter provided: A. All references to City of Tucson,Arizona shall be deemed as references to the City of Boynton Beach. 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 Page 1 C:\Users\Stanzione'I\AppData\L ocal\Microsoft\Windows\INetCache\IE\HE6MEH3x\Piggyback_-_Tucson_-Grainger_- _(hardware_and_safety_supplies).docx Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 C. The venue of any action taken to enforce this Contract shall be in Palm Beach County, Florida and this Contract shall be interpreted under the laws of the State of Florida. Section 3. In the event that the City of Tucson, Arizona Contract is amended, or terminated,GRAINGER shall notify the City within ten(10)days. In the event the City of Tucson, Arizona 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. GRAINGER 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 Tucson,Arizona, Contract No. 192163 are hereby ratified and shall remain in full force and effect under this Contract, as provided by their terms. Page 2 C:\Users\StanvioneT\AppData\Local\Microsoft\Windows\INetCache\IE\HE6MEH3x\Piggyback_-_Tucson_-Grainger_- _(hardware_and_safety_supplies).docx 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: 4404%. Lori LaVerriere, City Manager C stal Gibson, MMC, City Clerk APPROVED AS TO FORM: James A. Cherof, City Attorney W.W. GRAINGER, INC. d/b/a GRAINGER WITNESSES: BY: Print Name: Title: ATTEST: CORPORATE SECRETARY Page 3 C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\INetCache\IE\HE6MEH3X\Piggyback__Tucson_-Grainger_- _(hardware_and_safety_supplies).docx EXHIBIT A AGREEMENT BETWEEN CITY OF TUCSON,ARIZONA AND GRAINGER Page 4 C:\Users\StanzioneT AppData\Local\Microsoft\Windows\INetCache\IE HE6MEH3X\Piggyback__Tucson_-Grainger_- _(hardware_and_safety_supplies).docx