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R21-1471 RESOLUTION NO. R21- \LA" j 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING PIGGY -BACKING THE GSA CONTRACT NUMBER GS -07F- 6 173GA FOR THE PURCHASE OF ETHERNET CABLE INSTALLATION 7 SERVICES FROM BROADCAST SYSTEMS, INC., OF POMPANO BEACH, 8 FL IN THE AMOUNT NOT TO EXCEED $50,000.00 AND AUTHORIZING 9 THE CITY MANAGER TO SIGN THE PIGGY -BACK CONTRACT WITH 10 BROADCAST SYSTEMS, INC.; AND PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS in the 2021-2022 CIP budget, project "Install Wireless Access Points Citywide" 14 provides funding to improve wireless coverage within City buildings such as Carolyn Sims Center, Fire 15 Station #2, Fire Station #4, Intracoastal Park, Senior Center, and The Links at Boynton Beach Golf; and 16 WHEREAS, to improve wireless coverage the City will need to install additional wireless access 17 points at each of the locations, a predictive wireless study was completed for each location to determine 18 the placement of the wireless access points to provide 100% wireless coverage within the buildings; and 19 WHEREAS, Broadcast Systems, Inc is an authorized contract vendor for GSA contract 20 number GS-07F-173GA and has provided the City with estimates for the installation of the 21 ethernet cabling to support the additional wireless access points; and 22 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it to be in 23 the best interests of the citizens and residents of the City of Boynton to approve piggy -backing 24 the GSA Contract Number GS-07F-173GA for the purchase of ethernet cable installation services 25 from Broadcast Systems, Inc., of Pompano Beach, FL in the amount not to exceed $50,000.00 26 and to authorize the City Manager to sign the Piggy -back Contract with Broadcast Systems, Inc. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 28 BOYNTON BEACH, FLORIDA, THAT: S:\CA\RESO\Agreements\Piggy-Back GSA For Broadcast Systems (Ethernet Cable Installation) - Reso.Docx 29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 30 being true and correct and are hereby made a specific part of this Resolution upon adoption 31 hereof. 32 Section 2. The City Commission hereby approves piggy -backing the GSA Contract 33 Number GS-07F-173GA for the purchase of ethernet cable installation services from Broadcast 34 Systems, Inc., of Pompano Beach, FL in the amount not to exceed $50,000.00 and authorizes the 35 City Manager to sign the Piggy -back Contract with Broadcast Systems, Inc., a copy of which is 36 attached hereto as Exhibit "A. 37 Section 3. This Resolution shall become effective immediately upon passage. 38 39 PASSED AND ADOPTED this 2nd day of November, 2021. 40 CITY OF BOYNTON BEACH, FLORIDA 41 42 YES NO 43 44 Mayor - Steven B. Grant 45 46 Vice Mayor -Woodrow L. Hay ✓ 47 48 Commissioner -Justin Katz ✓ 49 50 Commissioner - Christina L. Romelus 51 52 Commissioner - Ty Penserga 53 54 VOTE S -q 55 ATTEST: 56 57 'l 58 stal Gibson, MMC 59 City Clerk 60 61 62 (Corporate Seal) S:\CA\RESOWgreements\Piggy-Back GSA For Broadcast Systems (Ethernet Cable Installation) - Reso.Docx AGREEMENT FOR INFORMATION TECHNOLGY RELATED SERVICES This Agreement is made as of this day of , 2021 by and between Broadcast Systems, Inc. with a principal address 290 SW 126 Avenue, Suite 1, Pompano Beach, FL 33069 and THE CITY OF BOYNTON BEACH, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Avenue, Boynton Beach, FL 33435, hereinafter referred to as "City". RECITALS WHEREAS, in order to maintain wireless access points to the public, the City's ITS Department is requesting the City enter into an Agreement with Broadcast Systems to perform Information Technology (IT) related services; and WHEREAS, Broadcast Systems has agreed to allow the City to piggyback the General Service Administration (GSA) Schedule pursuant to Contract No. GS-07F-172GA to provide IT related services in the amount not to exceed $ 50,000.00 based on Contract No. GS-07F-172GA for the contract period: 9/1/2017 - 8/31/2022; 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 Broadcast Systems agree that Broadcast Systems shall provide IT related services in the amount not to exceed $ 50,000.00 based on the General Service Administration (GSA) Schedule Contract No. GS-07F-172GA for a contract period: 9/1/2017 - 8/31/2022, a copy of which is attached hereto as Exhibit "A", except as hereinafter provided: A. All references to the General Service Administration (GSA) Schedule Contract No GS-0717-172GA shall be deemed as references to the City of Boynton Beach. B. All Notices to the City shall be sent to: General Service Administration (GSA) Schedule — IT Related Services 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: 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 a 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. General Service Administration (GSA) Schedule — IT Related Services E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 E. OCEAN AVE. BOYNTON BEACH, FL, 33435 561-742-6061 GIBSONC@BBFL.US SCRUTINIZED COMPANIES -- 287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. The 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 the Contractor of the City's determination concerning the false certification. The 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, the 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 the 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. 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. EXECUTION OF THE AGREEMENT. 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 1. In the event that the General Service Administration (GSA) Schedule is amended, or terminated, Broadcast Systems shall notify the City within ten (10) days. In the event the General Service Administration (GSA) Schedule is amended or terminated prior to its General Service Administration (GSA) Schedule — IT Related Services EXHIBIT A AGREEMENT BETWEEN GENERAL SERVICE ADMINISTRATION (GSA) SCHEDULE AND BROADCAST SYSTEMS General Service Administration (GSA) Schedule — IT Related Services