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R19-0301 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 ' 24 25 26 27 RESOLUTION NO. R19-030 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT WITH GRAYBAR ELECTRIC COMPANY, UTILIZING THE KANSAS CITY, MISSOURI CONTRACT NO. 19260, THROUGH US COMMUNITIES COOPERATIVE PURCHASING PROGRAM IN THE AMOUNT OF $85,000.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, there is a need during the normal course of operations for staff to use electrical/lighting supplies; and WHEREAS, the City has utilized the US Communities cooperative purchasing program in the past for electrical/lighting needs; and WHEREAS, this Agreement allows for the ordering of these supplies; and WHEREAS, the City Commission of the City of Boynton Beach, upon the recommendation of staff, deems it in the best interest of the citizens and residents of the City of Boynton Beach to approve and authorize the City Manager to sign an Agreement with Graybar Electric Company of West Palm Beach, Florida utilizing the pricing from the Kansas City, MO Contract No. EV2370 in the amount of $85,000.00 for the purchase of electrical/lighting supplies. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach hereby approves 28 11 and authorizes the City Manager to sign an Agreement with Graybar Electric Company of 29 West Palm Beach, Florida utilizing the pricing from the Kansas City, MO Contract No. C:\Users\StanzioneTlAppData\L.ocal\Microsoft\Windows\Temporary Internet Files\Content.IE5\52FYTEOE\Piggy-back_- _KC_MO_(Electric_and_Lighting_S uppl ies)_Graybar_-_Reso. docx 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 EV2370 in the amount of $85,000.00 for the purchase of electrical/lighting supplies, a copy of which is attached hereto as Exhibit "A" Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 19`" day of March, 2019. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant - Vice Mayor — Christina L. Romelus --- Commissioner — Mack McCray Commissioner — Justin Katz — Commissioner — Ty Penserga i VOTE S a ATTEST: Judit . Pyle, CMC If City Clerk (Corporate Seal) C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\52FYTEOE\Piggy-back_- _KC_MO_(Electric_and_Lighting_Supplies)_Graybar_-_Reso. docx I `,� 9 - af-s�C ELECTRICAL/LIGHTING SUPPLIES AGREEMENT This Agreement is made as of this D day of 2019 by and between GRAYBAR ELECTRIC COMPANY, INC., a Foreign corporation authorized to do business in the State of Florida with an address of 1871 Old Okeechobee Road, West Palm Beach, FL 33409 ("GRAYBAR"), and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with a mailing address of Post Office Box 310, Boynton Beach, FL 33425 (the "City"). RECITALS WHEREAS, the CITY has utilized US Communities, a national cooperative purchasing program, in the past for electrical/lighting supplies throughout the City. There is a need during the normal course of operations that staff needs electrical/lighting supplies and utilizing the pricing from the Kansas City, Missouri contract through the US Communities cooperative purchasing program is an appropriate opportunity; and WHEREAS, GRAYBAR, has agreed to allow the City to piggy -back the Kansas City, Missouri Contract No. EV2370, to provide Electrical/Lighting Supplies through January 31, 2023 for an amount not to exceed $85,000.00 at prices based on Kansas City, Missouri contract; 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 GRAYBAR agree that GRAYBAR shall provide Electrical/Lighting Supplies through January 31, 2023 for an amount not to exceed $85,000.00 at prices based on the Kansas City, Missouri Contract No. EV2370 through US Communities cooperative purchasing program, a copy of which is attached hereto as Exhibit "A", except as hereinafter provided: A. All references to Kansas City, Jackson County, Missouri shall be deemed as references to the City of Boynton Beach, Palm Beach County, Florida. B. All Notices to the City shall be sent to: Page 1 C:\Users\Stwv.tonet\Appdata\L.ocal\,\4icrosoft\Windows\Temporary lntemet Files\Content. E5WAGZE6P0\Piggyback_(KC_MO)_Gzaybar_Eloctrical_Lighting_Suppties_Agmt.Docx 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: 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. D. Section 13. Records shall be deleted in it's entirety and replaced with the following: The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 1) Keep and maintain public records required by the CITY to perform the service; Page 2 C:\Users\Stanzionet\Appdata\Lncal\MicrosoR\Windows\Temporary Intemet Files\ContentlES\VAGZE6PO\Piggyback_(KC_MO)_Graybai Elechical_Ughting_Supplies_AgmtDocx 2) 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; 3) 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 4) 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 CTTY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. 5) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) 3301 QUANTUM BLVD. BOYNTON BEACH, FL, 33435. 561-742-6061. PYLEJ@BBFL.US (This clause 5 must be in 14 -point boldfaced type) Section 3. In the event that the Kansas City, Missouri Contract is amended, or terminated, GRAYBAR shall notify the City within ten (10) days. In the event the Kansas City, Missouri 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. GRAYBAR 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. Page 3 C.\L'sersl.Stanzionet\Appdata\Local\Mictosoft\Windows\Temporary lntemet Files\Content.IE5\VAGZE6P0\Piggyback (KC MO)_Gmybar_Electrical_lighting_Supplics_Agmt.Docx 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 Kansas City, Missouri Contract 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. ATTEST: City Cler • • , ; • I •,i;' • • • Cherof, WITNESSES: ATTEST: SECRETARY CITY OF BOYNTON BEACH, FLORIDA By: Lori LaVerriere, City Manager GRAYBAR ELECTRIC COMPANY, INC. BY: A, P ' Name: t7 1'� ►2T -rril Title: ran c k A C r_ 4'P •., WANDA I ORTIZ • ?,'; Notary Public - State of Florida • • = Commission a GG 069179 :. My Comm. Expires Feb 5, 2021 �' PondtdthftOU&IIW3fyAssn. Page 4 C:\Users\StuW_et\Appdata\Local\Microsoft\Windows\Tempormy lntemet Files\Contcnt.l E5\V AGZE6P0\Pisgyback_(KC_MO)_Graybar_Electrical_Ligbting_Supplies_Agmt.Docx EXHIBIT A AGREEMENT BETWEEN KANSAS CITY, MISSOURI AND GRAYBAR ELECTRIC COMPANY, INC. Page 5 C:\Users\Stanzionct\App&taUmal\Microsoft\WindowsVl*emporary Intcmet Files\Content.IE5\VAGZHbPO\Piggyback_(KC_MO) Graybar_Electrical_Ughting_SnpPlies_Agmt.Docx