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R19-084 RESOLUTION NO. R19-084 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING UTILIZING THE BROWARD SHERIFF'S OFFICE 5 AGREEMENT WITH EXPRESS RADIO, INC., THROUGH 6 MOTOROLA SOLUTIONS, INC., AGREEMENT #12-29077/JHJ IN 7 AN ESTIMATED ANNUAL EXPENDITURE OF $50,000.00; 8 AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT 9 WITH EXPRESS RADIO, INC.; AND PROVIDING AN EFFECTIVE 10 DATE. 11 12 13 WHEREAS, the Agreement with Express Radio will allow the purchase of Motorola 14 products for the City's lift stations and other needs that require Motorola Products; and 15 WHEREAS, the Agreement allows the City to use the Broward Sheriff's Office 16 Agreement#12-29077/JHJ prices to purchase Motorola products; and 17 WHEREAS,. the City Commission of the City of Boynton Beach, upon the 18 recommendation of staff, deems it in the best interest of the citizens and residents of the City 19 of Boynton Beach to approve and authorize the City Manager to sign an Agreement with 20 Express Radio, Inc., for the purchase of Motorola Products, Inc., in an estimated annual 21 expenditure of$50,000.00 at prices based on the Broward Sheriff's office Agreement #12- 22 29077/JHJ with Motorola Solutions, Inc.. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH,FLORIDA,THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 26 true and correct and are hereby made a specific part of this Resolution upon adoption hereof. 27 Section 2. The City Commission of the City of Boynton Beach hereby approves 28 and authorizes the City Manager to sign an Agreement with Express Radio, Inc., for the 29 purchase of Motorola Products,Inc.,in an estimated annual expenditure of$50,000.00 at prices CAUsers\StanzioneT\AppData\.ocal\Microsoft\Windows\INetCache\IE\HE6MEH3x\Piggy-back_-_ASo_(Express_Radio)_ _Reso.docx 30 based on the Broward Sheriffs Office Agreement #12-29077/JHJ with Motorola Solutions, 31 Inc., a copy of which is attached hereto as Exhibit"A". 32 Section 3. That this Resolution shall become effective immediately upon passage. 33 PASSED AND ADOPTED this oZp day ofjl t$-i-- , 2019. J 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 S"O 49 ATTEST: 50 51 52 4 1)43, 53 Cry tal Gibson, MMC 54 City Clerk 55 56 ' 7 "4ECorporate Seal) 1i�'S8 0 . ,�0• ' i o4, .�. 0' .%. �9 ,.: o Pill %3 CPc . G / . C:\Users\StanzioneTWppData\LocaWicrosoft\W indows\INetCache\IE\HE6MEH3 x\Piggy-back_-_B SO_(Express_Radio)_- _Reso.docx \ - ?) MOTOROLA EQUIPMENT AGREEMENT This Agreement is made as of this. "2 ,2 day of 0 v5 i ,2019 by and between Express Radio, Inc., 10852 Wiles Road, Coral Springs, FL 33076 ("EXPRESS" or "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's lift stations and other needs require Motorola products. The parts are necessary to maintain functioning lift stations. These parts are used to replace malfunctioning or damaged parts that cause the lift station to stop operating; and WHEREAS, Motorola has authorized use of Express Radio, Inc., as a Specialist Level Motorola Solutions Professional and Commercial Radio Channel Partner and that Express is authorized to extend pricing based on the Broward Sheriff's Office Agreement No. 12-29077/JHJ with an estimated annual expenditure of$50,000.00. 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 EXPRESS agree that EXPRESS shall provide Motorola Products based on the Broward Sheriffs Office Agreement No. 12-29077/JHJ with an estimated annual expenditure of$50,000.00,a copy of which is attached hereto as Exhibit"A",except as hereinafter provided: A. All references to Broward Sheriff's Office,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. 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 Page 1 C:\Program Files(X86)\Neevia.Com\Docconverterpro\Temp\NVDC\7552D252-F6BE-4E4A-B44E•B2EFC344FE52\Boynton Beach.17720.1.Piggyback_(BSO)_Express Radio_-_Agmt.Docx 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; 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 Page 2 C:\Program Files(x86)\Neevia.Com\Docconverterpro\Temp\NVDC\7552D252-F6BE-4E4A-B44E-B2EFC344FE52\Boynton Beach.17720.1.Piggyback_(BSO)_Express Radio_-_Agmt.Docx 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 Broward Sheriff's Office Agreement is amended, or terminated,EXPRESS shall notify the City within ten(10)days. In the event the Broward Sheriff's Office 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. EXPRESS 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. 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 Broward Sheriffs Office Agreement are hereby ratified and shall remain in full force and effect under this Agreement, as provided by their terms. Page 3 C:\Program Files(x86)\Neevia.Com\Docconverterpro\Temp\NVDC\7552D252-F6BE-4EAA-B44E-B2EFC344FE52\Boynton Beach.17720.1.Piggyback (BSO)_Express Radio_-_Agmt.Docx 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: s • By: --/ ��`,_,� u Lori La erriere, City Manager C tal Gibson, MMC, City 6' 9 X41 BOYS' APPROVED.4 TO FORM: James A. Cherof, City Attorney EXPRESS RADIO, INC. WITNESS . : ,. , -- _ BY: fdt._ 4 �� -'P�_ Print Name: ,•,//es W. NE'I�t � Title: eke-5 , �. ---- A TEST: 0_114 SECRET/' 'Y :."'.. ;: STACI ZWEIBACK • _ : MY COMMISSION 0 00013644 Y. EXPIRES July 20,2024 Page 4 C:\Program Files(X86)\Neevia.Com\Docconverterpro\Temp\NVDC\7552D252-F6BE-4E4A-B44E-B2EFC344FE52\Boynton Beach.17720.1.Piggyback_(BSO)_Express_Radio__Agmt.Docx EXHIBIT A AGREEMENT BETWEEN BROWARD SHERIFF'S OFFICE AND MOTOROLA SOLUTIONS,INC. Page 5 C:\Program Files(X86)\Neevia.Com\Docconverterpro\Temp\NVDC\7552D252-F6BE-4E4A-B44E-B2EFC344FE52\Boynton Beach.17720.1.Piggyback (BSO)_Express_Radio__Agmt.Docx