R22-054 1 RESOLUTION NO. R22- 054
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN AN
5 AGREEMENT WITH JOHNSON FIRE CONTROLS FIRE PROTECTION LP
6 FOR ALARM/SPRINKLER MONITORING, INSPECTIONS, AND SERVICES,
7 WITH AN ESTIMATED ANNUAL EXPENDITURE OF $50,000.00; AND
8 PROVIDING AN EFFECTIVE DATE.
9
10 WHEREAS, the National Fire Protection (NFP) Code and the Fire Department
11 requires that fire alarm and sprinkler systems in all City facilities be annually monitored and
12 inspected; and
13 WHEREAS, in order to maintain Facility Security Systems, Equipment,and Software with
14 Related Services, the City's Public Works Department is requesting the City to enter into an
15 Agreement with Johnson Controls Fire Protection LP to perform Alarm/Sprinkler Monitoring,
16 Inspections, and Services; and
17 WHEREAS, Johnson Controls Fire Protection LP has agreed to allow the City to
18 piggyback the Sourcewell Cooperative Purchasing Contract for Facility Security Systems,
19 Equipment, and Software with Related Services pursuant to RFP No. 030421 to provide
20 Alarm/Sprinkler Monitoring, Inspections, and Services with an estimated expenditure of
21 $50,000.00 annually; and
22 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation
23 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to
24 approve and authorize the City Manager to sign an Agreement with Johnson Fire Controls Fire
25 Protection LP for Alarm/Sprinkler Monitoring, Inspections, and Services, with an estimated
26 annual expenditure of$50,000.00.
27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
28 OF BOYNTON BEACH, FLORIDA, THAT:
29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
30 as being true and correct and are hereby made a specific part of this Resolution upon
31 adoption.
32 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
33 approves and authorizes the City Manager to sign an Agreement with Johnson Fire Controls
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34 Fire Protection LP for Alarm/Sprinkler Monitoring,Inspections, and Services, with an estimated
35 annual expenditure of $50,000.00, a copy of the Contract is attached hereto and incorporated
36 herein as Exhibit "A".
37 Section 3. That this Resolution shall become effective immediately.
38 PASSED AND ADOPTED this 5th day of April, 2022.
39 CITY OF BOYNTON BEACH, FLORIDA
40 YES NO
41 Mayor—Ty Penserga
42 Commissioner—Angela Cruz
43 Commissioner—Woodrow L. Hay v
44 Commissioner—Thomas Turkin c�
45 Commissioner— District 4 - Vacant
46 VOTE 4/ 0
47 ATTEST:
48
49 / +i.�L1 Ar
50 C ,tal Gibson, MMC
51 City Clerk
52
53
54 (Corporate Seal)
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Aczi—un,14
AGREEMENT FOR ALARM/SPRINKLER MONITORING,
INSPECTIONS AND SERVICES
This Agreement is made as of this day of April, 2022 by and between JOHNSON
CONTROLS FIRE PROTECTION LP with a principal address 6600 Congress Ave.,Boca Raton,
FL 33487-1213 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 Facility Security Systems,Equipment,and Software with
Related Services, the City's Public Works Department is requesting the City enter into an
Agreement with Johnson Controls Fire Protection LP to perform Alaim/Sprinkler Monitoring,
Inspections and Services; and
WHEREAS, Johnson Controls Fire Protection LP has agreed to allow the City to
piggyback the Sourcewell Cooperative Purchasing Contract / Facility Security Systems,
Equipment, and Software with Related Services contract pursuant to RFP No. 030421 to provide
Alarm/Sprinkler Monitoring,Inspections and Services in the amount of$50,000.00 annually based
on RFP No. 030421 for a four(4) year term commencing 04/22/2021 through 04/22/2025; 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 Johnson Controls Fire Protection LP agree that Johnson Controls
Fire Protection LP shall provide Alarm/Sprinkler Monitoring, Inspections and Services in the
amount of$50,000.00 annually based upon the Sourcewell Cooperative Purchasing Contract /
Facility Security Systems, Equipment, and Software with Related Services contract pursuant to
RFP No. 030421 for a four(4) year term commencing 04/22/2021 through 04/22/2025, a copy of
which is attached hereto as Exhibit"A", except as hereinafter provided:
A. All references to the Sourcewell Cooperative Purchasing Contract / Facility
Security Systems, Equipment, and Software with Related Services contract
#030421 shall be deemed as references to the City of Boynton Beach.
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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:
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.
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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, FLORIDA, 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.
E-VERIFY
Contractor certifies that it is aware of and complies with the requirements of Section 448.095,
Florida Statues, as may be amended from time to time and briefly described herein below.
a. Definitions for this Section.
i. "Contractor"means a person or entity that has entered or is attempting to enter into
a contract with a public employer to provide labor, supplies, or services to such employer in
exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a
vendor or consultant.
ii. "Subcontractor"means a person or entity that provides labor, supplies, or services
to or for a contractor or another subcontractor in exchange for salary,wages,or other remuneration.
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iii. "E-Verify system"means an Internet-based system operated by the United States
Department of Homeland Security that allows participating employers to electronically verify the
employment eligibility of newly hired employees.
b. Registration Requirement; Termination.
Pursuant to Section 448.095,Florida Statutes,effective January 1,2021,Contractors,shall
register with and use the E-verify system in order to verify the work authorization status of all
newly hired employees.Contractor shall register for and utilize the U.S.Department of Homeland
Security's E-Verify System to verify the employment eligibility of:
i. All persons employed by a Contractor to perform employment duties within Florida
during the term of the contract;
ii. All persons (including subvendors / subconsultants/ subcontractors) assigned by
Contractor to perform work pursuant to the contract with the City of Pembroke Pines. The
Contractor acknowledges and agrees that registration and use of the U.S.Department of Homeland
Security's E-Verify System during the term of the contract is a condition of the contract with the
City of Pembroke Pines; and
iii. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat.,
"Employment Eligibility," as amended from time to time. This includes, but is not limited to
registration and utilization of the E-Verify System to verify the work authorization status of all
newly hired employees. Contractor shall also require all subcontractors to provide an affidavit
attesting that the subcontractor does not employ, contract with, or subcontract with, an
unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the
contract. Failure to comply will lead to termination of this Contract, or if a subcontractor
knowingly violates the statute,the subcontract must be terminated immediately. Any challenge to
termination under this provision must be filed in the Circuit Court no later than twenty (20)
calendar days after the date of termination. Termination of this Contract under this Section is not
a breach of contract and may not be considered as such. If this contract is terminated for a violation
of the statute by the Contractor,the Contractor may not be awarded a public contract for a period
of one(1)year after the date of termination.
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 Sourcewell Cooperative Purchasing Contract / Facility
Security Systems, Equipment, and Software with Related Services contract 030421 is amended,
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or terminated, Johnson Controls Fire Protection LP shall notify the City within ten (10) days. In
the event the Sourcewell Cooperative Purchasing Contract /Facility Security Systems,Equipment,
and Software with Related Services contract 030421 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 2. Johnson Controls Fire Protection LP 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 3. The insurance required shall require that the Certificate of Insurance name the
City of Boynton Beach as an additional insured.
Section 4. In all other aspects, the terms and conditions of the Sourcewell Cooperative
Purchasing Contract /Facility Security Systems, Equipment, and Software with Related Services
contract are hereby ratified and shall remain in full force and effect under this Contract,as provided
by their terms.
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK
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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: r-.-
= ._
' l4 z/Z,I P C A` Lori LaVerriere, City Manager
Uity Clerk
APPR O FO
James A. Cherof, City Attorney oc.
WITNESSES: Johnson Controls Fire Protection LP
BY:
Print Name:
Title:
ATTEST:
SECRETARY
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EXHIBIT A
SOLICITATION,EVALUATION,AND CONTRACT BETWEEN SOURCEWELL
COOPERATIVE PURCHASING FOR FACILITY SECURITY SYSTEMS,
EQUIPMENT,AND SOFTWARE WITH RELATED SERVICES
AND JOHNSON CONTROLS FIRE PROTECTION LP
100502314.1 306-9001821)
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