R18-173 1
RESOLUTION NO. R18-173
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING THE PIGGY-BACK OF A CITY OF
MIAMI CONTRACT IFB NO. 516388 TO FURNISH AND INSTALL
EMERGENCY EQUIPMENT FOR LAW ENFORCEMENT
VEHICLES ON AN "AS NEEDED BASIS" WITH THE SAME
• TERMS, CONDITIONS, SPECIFICATIONS AND PRICING WITH
1. AN ESTIMATED ANNUAL EXPENDITURE OF $400,000.00;
11 AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT
12 WITH DANA SAFETY SUPPLY, INC.; AND PROVIDING AN
13 EFFECTIVE DATE.
14
15 WHEREAS, City staff has confirmed that the procurement process of the City of
1. Miami meets or exceeds that of the City of Boynton Beach's requirements; and
17 WHEREAS, upon recommendation of staff, it is the City's desire to piggy-back a
18 City of Miami Contract IFB No. 516388 to furnish and install emergency equipment for
19 law enforcement vehicles on an"AS NEEDED BASIS" with Dana Safety Supply, Inc., for
20 an estimated annual expenditure of $400,000.00 with the same terms, conditions,
21 specifications.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
25 as being true and correct and are hereby made a specific part of this Resolution upon
26 adoption.
27 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
28 approves the piggy-back of a City of Miami Contract IFB No. 516388 to furnish and install
29 emergency equipment for law enforcement vehicles on an "AS NEEDED BASIS" with
30 Dana Safety Supply,Inc., for an estimated annual expenditure of$400,000.00 with the same
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31 terms, conditions, specifications.
32 Section 3. The City Manager is hereby authorized to sign a contract with Dana
33 Safety Supply, Inc., a copy of which is attached hereto as Exhibit"A".
34 Section 4. That this Resolution shall become effective immediately.
35 PASSED AND ADOPTED this 20th day of November, 2018.
36
37 CITY OF BOYNTON BEACH, FLORIDA
38
39 YES NO
40
41 Mayor— Steven B. Grant ✓
42
43 Vice Mayor— Christina L. Romelus
44
45 Commissioner—Mack McCray
46
47 Commissioner—Justin Katz
48
49 Commissioner—
50
51
52 VOTE '4 -0
53
54 ATTEST:
55
56
57 Or
58 . dith A. Pyle, CMC
59 City Clerk
60
61
62
63 (Corporate Seal)
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CONTRACT FOR EMERGENCY EQUIPMENT
FOR LAW ENFORCEMENT VEHICLES
This Contract is made as of this day of , 2018 by and between DANA SAFETY
SUPPLY, INC.,a Florida corporation authorized to do business in the State of Florida,with offices
at 1620 NW 82nd Avenue,Doral,FL 33126 ("DANA SAFETY"),and THE CITY OF BOYNTON
BEACH, a Florida municipal corporation, with an address at 100 East Boynton Beach Boulevard,
Boynton Beach, FL 33435 (the "City").
RECITALS
WHEREAS,emergency equipment and lighting will be required for the 30 police vehicles
and 4 fire vehicles that Fleet Management is planning on replacing in fiscal year 2018-2019; and
WHEREAS,the City is utilizing the City of Miami Contract IFB No. 516388 with DANA
SAFETY to furnish and install emergency equipment for law enforcement vehicles on an "AS
NEEDED BASIS" in the estimated annual expenditure of$400,000.00; 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 Contract.
Section 2. The City and DANA SAFETY agree that DANA SAFETY shall furnish
and install emergency equipment for law enforcement vehicles on an "AS NEEDED BASIS" in
the estimated annual expenditure of $400,000.00 utilizing the City of Miami Contract IFB No.
516388, a copy of which is attached hereto as Exhibit"A", except as hereinafter provided:
A. All references to City of Miami 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
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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.
D. 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 contract 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 contract and seek civil remedies pursuant to Section 287.135, Florida
Statutes, as amended from time to time.
Section 3. In the event that the City of Miami Contract is amended, or terminated,
DANA SAFETY shall notify the City within ten(10)days. In the event the City of Miami 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. DANA SAFETY 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.
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Section 6. In all other aspects, the terms and conditions of the City of Miami, Contract
IFB No. 516388 are hereby ratified and shall remain in full force and effect under this Contract,
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:
Lori LaVerriere, City Manager
Judith A. Pyle, CMC, City Clerk
APPROVED AS TO FORM:
James A. Cherof, City Attorney
DANA SAFETY SUPPLY, INC.
WITNESSES:
BY:
Print Name:
Title:
ATTEST:
CORPORATE SECRETARY
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EXHIBIT A
AGREEMENT BETWEEN CITY OF MIAMI AND DANA SAFETY
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