R19-086 RESOLUTION NO. R19-086
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING UTILIZING THE CITY OF TAMARAC AGREEMENT
5 WITH OFFICE DEPOT, INC., CONTRACT #19-12R FOR OFFICE
6 SUPPLIES IN AN ESTIMATED ANNUAL EXPENDITURE OF
7 $120,000.00; AUTHORIZING THE CITY MANAGER TO SIGN AN
8 AGREEMENT WITH OFFICE DEPOT, INC; AND PROVIDING AN
9 EFFECTIVE DATE.
10
11
12 WHEREAS, the City of Boynton Beach currently uses the City of Tamarac contract
13 #13-23R which expires on October 17, 2019; and
14 WHEREAS, the City of Tamarac recently awarded Contract#19-12R to Office Depot
15 which begins October 14, 2019; and
16 WHEREAS,the City is granted permission to utilize the Tamarac Contract by being a
17 member of the Southeast Florida Governmental Purchasing Cooperative; and
18 WHEREAS, the City Commission of the City of Boynton Beach, upon the
19 recommendation of staff, deems it in the best interest of the citizens and residents of the City
20 of Boynton Beach to approve and authorize the City Manager to sign an Agreement with
21 Office Depot,Inc.,a copy of which is attached hereto as Exhibit"A",for the purchase of office
22 supplies with an estimated annual expenditure of$120,000 at prices based on City of Tamarac
23 Contract#19-12R.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being
27 true and correct and are hereby made a specific part of this Resolution upon adoption hereof.
28 Section 2. The City Commission of the City of Boynton Beach hereby approves
29 and authorizes the City Manager to sign an Agreement with Office Depot,Inc.,a copy of which
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30 is attached hereto as Exhibit"A", for the purchase of office supplies with an estimated annual
31 expenditure of$120,000 at prices based on City of Tamarac Contract#19-12R.
32 Section 3. That this Resolution shall become effective immediately upon passage.
33 PASSED AND ADOPTED this flay of S-1—, 2019.
34 CITY OF BOYNTON BEACH, FLORIDA
35
36 YES NO
37
38 Mayor—Steven B. Grant
39
40 Vice Mayor—Justin Katz ,/
41
42 Commissioner—Mack McCray
43
44 Commissioner—Christina L. Romelus
45
46 Commissioner—Ty Penserga ✓'
47
48 VOTE
49 ATTEST:
50
51
52
53 Cry 74# ,/,,/-73.
al Gibson, MMC
54 City Clerk
57 ia>; jr 'te Seal)
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OFFICE SUPPLIES AGREEMENT
This Agreement is made as of this day of ,2019 by and between OFFICE
DEPOT,INC.,a Florida Foreign Corporation,with principal offices located at 6600 North Military
Trail, Boca Raton, Florida 33496 ("Contractor"), 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 of Boynton Beach is currently utilizing the City of Tamarac
Contract 13-23R which expires on October 17, 2019; and
WHEREAS, the City of Tamarac recently awarded contract 19-12R to Office Depot
which starts on October 14, 2019; and
WHEREAS, the City is granted permission to utilize this Contract by being a member of
the Southeast Florida Governmental Purchasing Cooperative and that Contractor is authorized to
extend pricing based on the City of Tamarac, Florida Contract 19-12R with an estimated annual
expenditure of$120,000.00.
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 CONTRACTOR agree that CONTRACTOR shall provide Office
Supplies based on the City of Tamarac, Florida Contract No. 19-12R with an estimated annual
expenditure of $120,000.00, a copy of which is attached hereto as Exhibit "A", except as
hereinafter provided:
A. All references to City of Tamarac,Florida, shall be deemed as references to the City of Boynton
Beach. Venue for any litigation arising under this Agreement must be in a court of competent
jurisdiction in Palm Beach County, Florida.
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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:
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 Agreement 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 Agreement and seek civil remedies pursuant to Section 287.135, Florida
Statutes, as amended from time to time.
D. 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;
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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 Agreement term and, following completion of the Agreement, 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 Agreement, 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.
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 AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS:
CITY CLERK
3301 QUANTUM BLVD.
BOYNTON BEACH, FL, 33435.
561-742-6061.
CITYCLERK@BBFL.US
Section 3. In the event that the City of Tamarac, Florida Agreement is amended, or
terminated, CONTRACTOR shall notify the City within ten (10) days. In the event the City of
Tamarac,Florida Agreement is amended or terminated prior to its expiration,this Agreement 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. CONTRACTOR agrees that in the event it enters into a Agreement 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 Agreement, the parties shall enter into an Addendum to provide
those terms to the City.
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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 City of Tamarac, Florida
Agreement are hereby ratified and shall remain in full force and effect under this Agreement, 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
Crystal Gibson, MMC, City Clerk
APPROVED AS TO FORM:
James A. Cherof, City Attorney
OFFICE DEPOT, INC.
WITNESSES:
BY:
Print Name:
Title:
ATTEST:
SECRETARY
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EXHIBIT A
AGREEMENT BETWEEN CITY OF TAMARAC,
FLORIDA
AND OFFICE DEPOT, INC.
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