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R13-058 ;! i i2 RESOLUTION NO. R13 -058 !3 14 A RESOLUTION OF THE CITY COMMISSION OF 15 THE CITY OF BOYNTON BEACH, FLORIDA, 0 APPROVING THE PIGGY - BACKING OF A 7 CONTRACT BETWEEN ORANGE COUNTY, 0 FLORIDA AND FISHER SCIENTIFIC COMPANY, i) LLC., FOR THE PROCUREMENT OF TURN OUT 10 GEAR AT AN ESTIMATED ANNUAL EXPENDITURE 1 OF $70,000.00; AUTHORIZING THE CITY MANAGER 12 TO EXECUTE A CONTRACT BETWEEN THE CITY 13 OF BOYNTON BEACH AND FISHER SCIENTIFIC .0 COMPANY, LLC; PROVIDING AN EFFECTIVE DATE. 1i WHEREAS, Firefighter Turn Out gear (Bunker Gear) is part of the structural firefighting gear required to perform the duties of a firefighter; and i$ WHEREAS, this gear is required to meet the NFPA guidelines and each member is .1i3 required to have their own gear fit to their specific measurements; and WHEREAS, City staff recommends piggy- backing an Orange County, Florida 0 Contract with Fisher Scientific Company, LLC., for a three (3) year period effective September 22, 2012 through September 21, 2013 for the procurement of turn out gear at an estimated annual expenditure of $70,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF ,; 10 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: jl 4r Section 1. Each Whereas clause set forth above is true and correct and , 3 incorporated herein by this reference. , , Section 2. The City Commission hereby approves the piggy- backing of an lip Orange County, Florida Contract with Fisher Scientific Company, LLC., for a three (3) year i h period effective September 22, 2012 through September 21, 2013 for the procurement of 1 \ \apps3 city cbb\ auto \Data\180Utems\172\2489 \3283 \Reso_- _Piggy- backing_Orange_County_FL with_Fisher_Scientific_(2013) doc 11 turn out gear at an estimated annual expenditure of $70,000.00. 1 2 Section 3. The City Commission of the City of Boynton Beach hereby , 3 authorizes the City Manager to execute an Agreement between the City of Boynton Beach i 4 and Fisher Scientific Company, LLC, a copy of which is attached hereto as Exhibit "A ". 5 Section 4. That this Resolution shall become effective immediately. PASSED AND ADOPTED this 2 day of July, 2013. f CITY OF BOYNTON BEACH, FLORIDA ' p a - t ,` Z/ �?1 ,4a — erry X for 13 . �E ic- ayor — Wood : • . Hay ip Commissioner David T. Merker � fL� ommissioner Michael . itzpatrick u4-e C mmissioner — Joe Casello 4 ATTEST: • Jan- M. Prainito, MMC Clerk ij ii 0 NF, \\apps3 city cbb\ auto\ Data \180 \Items \172\2489 \3283 \Reso_- _Piggy- backing_Orange_County_FL_with Fisher_Scienttfic_(2013) doc 4 , R13-058 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND FISHER SCIENTIFIC COMPANY THIS IS AN AGREEMENT, dated this day of , 2013, by and between: CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter referred to as "City," and FISHER SCIENTIFIC COMPANY, a Pennsylvania corporation authorized to do business in the State of Florida, with its principal address at 300 Industry Drive, Pittsburgh, PA 15275, hereinafter referred to as "Contractor." WHEREAS, the City needs to procure Firefighter Turn Out gear which is required to meet NFPA guidelines and each firefighter is required to have their own gear fit to their specific measurements; and WHEREAS, Orange County, Florida, competitively bid for these Services under Invitation to Bid No. Y12- 1086 -JS, Fire Rescue and Hazmat Supplies and Equipment; and WHEREAS, Contractor submitted a bid in response to the Orange County, Florida solicitation; and WHEREAS, after receipt of said bid from Contractor, Orange County, Florida entered into Term Contract No. Y12 -1086F ( "Orange County Agreement ") with Contractor to provide Fire Rescue and Hazmat Supplies and Equipment, said Agreement being attached hereto and made part hereof as Exhibit "A "; and WHEREAS, the City has reviewed the scope of services of the competitively bid Orange County Agreement, and has determined that it is an agreement that can be utilized by the City to provide said services to the City of Boynton Beach; and WHEREAS, the City has reviewed procurement process used by Orange County, Florida the Orange County Agreement and find its process acceptable; and WHEREAS, Contractor has agreed to honor the prices and terms and conditions of the Orange County Agreement in performing said Services for the City as evidenced in a Sales Quotation dated March 6 and June 17, 2013, a copy of which is attached hereto and made a part hereof as Exhibit `B "; and WHEREAS, City desires to retain the services of Contractor based on the Orange County Agreement; and NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and adequacy of which are acknowledged, the parties agree as follows: Section 1. The foregoing recitals are true and correct and are hereby incorporated into this Agreement. Section 2. Attached hereto and made a part hereof by reference as Exhibit "A" is the Orange County Agreement referenced - above. The prices, terms and conditions of this Orange County Agreement shall govern the relationship between the City and Contractor, except as amended below: A. The Scope of Services for work to be performed under this Agreement shall be as set forth in Exhibit "A," except said services shall be performed in and for the City of Boynton Beach. B. All references in the Orange County Agreement to Orange County, Florida shall be considered references to the City of Boynton Beach. C. As discussed in 2B, of the Orange County Agreement, term period of this Agreement shall commence September 22, 2012 and shall remain in effect through September 21, 2015, however the estimated annual expense shall be approximately $70,000.00. D. The venue of any action taken to enforce this Agreement shall be in Palm Beach County, Florida and this Contract shall be interpreted under the laws of the State of Florida. E. Contractor shall provide City with proof of insurance as required by the Orange County Agreement naming the City of Boynton Beach as the "Additional Insured" and providing the City with all the same endorsements provided to Orange County, Florida in the Orange County Agreement. F. All Notices to the City shall be sent to: City of Boynton Beach Attn: City Manager 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 Section 3. In all other respects, the terms and conditions of the Orange County Agreement, are hereby ratified and shall remain in full force and effect under this "piggybacking" arrangement, as provided by their terms. IN WITNESS OF THE FOREGOING, the parties have hereunto set their hands and seals on the dates written below. CITY OF BOYNTON BEACH BY: LORI LAVERRIERE CITY MANAGER ATTEST: BY: Janet M. Prainito, MMC, City Clerk Approved as to form: BY: James A. Cherof, City Attorney WITNESSED BY: FISHER SCIENTIFIC COMPANY, LLC. BY: (Print Name and Title) STATE OF COUNTY OF The foregoing Agreement was acknowledged before me this day of 2013, by , as of FISHER SCIENTIFIC COMPANY, LLC., who is personally known to me, and who has affirmed that he /she has been duly authorized to execute the above document on behalf of the corporation. NOTARY'S SEAL: NOTARY PUBLIC Name of Acknowledger, typed, printed, or Stamped EXHIBIT "A" AGREEMENT BETWEEN ORANGE COUNTY, FLORIDA AND FISHER SCIENTIFIC COMPANY EXHIBIT `B" SALES QUOTATION FROM FISHER SCIENTIFIC COMPANY AGREEING TO HONOR THE RATES PROVIDE IN THE ORANGE COUNTY AGREEMENT WITH THE CITY OF BOYNTON BEACH