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R20-042 1 2 RESOLUTION NO. R20-042 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING THE PIGGYBACKING AND 6 AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT 7 WITH VERIZON CONNECT NWF, INC., FOR AN AUTOMATIC 8 VEHICLE LOCATION SYSTEM IN ACCORDANCE WITH THE 9 TERMS & CONDITIONS OF THE SOURCEWELL CONTRACT 0 #022217-NWF IN AN ESTIMATED AMOUNT OF$105,000.00 WITH 1 AN ANNUAL COST OF$67,000.00 AND A ONE TIME SET UP FEE 2 OF$38,000.00; AND PROVIDING AN EFFECTIVE DATE. 3 4 WHEREAS, Fleet Maintenance Division is seeking to implement an automatic 5 vehicle location (AVL) system and has reviewed a number of options including Verizon 6 Connect NWF which is also in use by the Utilities Department; and 7 WHEREAS,the Verizon Connect system will provide information such as vehicle 8 location,engine condition,speed reports,as well as vehicle mechanical and electrical status; 9 and WHEREAS, the Verizon Connect software will allow the various Departments and •1 Fleet Maintenance Division to track vehicles in the field, improve fleet operations, increase 2 worker productivity and encourage safer driving; and 3 WHEREAS, City staff has confirmed that the procurement process meets or '4 exceeds that of the City of Boynton Beach's requirements; and 5 WHEREAS, upon recommendation of staff, it is the City's desire to approve '6 approves piggy-backing and authorizes the City Manager to sign a Contract with Verizon '7 Connect NWF, Inc., in accordance with the terms & conditions of the Sourcewell Contract '8 #022217-NWF for automatic vehicle location system in an estimated amount of 9 $105,000.00 with an annual cost of$67,000.00 and a one time set up fee of$38,000.00. :0 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF :1 THE CITY OF BOYNTON BEACH,FLORIDA,THAT: :2 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed :3 as being true and correct and are hereby made a specific part of this Resolution upon :4 adoption. :5 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby S:\CA\RESO\Agreements\Piggy-Back Sourcewell Contract With Verizon Connect NWF-Reso.Docx .6 approves piggy-backing and authorizes the City Manager to sign a Contract with Verizon 7 Connect NWF, Inc., in accordance with the terms & conditions of the Sourcewell Contract 8 #022217-NWF for automatic vehicle location system in an estimated amount of 9 $105,000.00 with an annual cost of$67,000.00 and a one time set up fee of$38,000.00, a 0 copy of which is attached hereto as Exhibit"A". 1 Section 3. That this Resolution shall become effective immediately. 2 3 PASSED AND ADOPTED this 10-day of May, 2020. 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 YES NO 7 8 Mayor—Steven B. Grant t/ 9 60 Vice Mayor—Ty Penserga .1 .2 Commissioner—Justin Katz .3 .4 Commissioner—Woodrow L. Hay t/ •5 .6 Commissioner—Christina L. Romelus t.7 7 .8 .9 VOTE i60 1 ATTEST: .62 .3 4 .5 C al Gibson, MMC .6 City Clerk 7 .8 ,9 '0 (Corporate Seal) • `(' 0 G S:\CA\RESI%1AgrgemegtstRiigy-Back Sourcewell Contract With Verizon Connect NWF-Reso Docx • CONTRACT FOR AUTOMATIC VEHICLE LOCATION SYSTEM This Contract is by and between VERIZON CONNECT NWF, INC., a wholly owned subsidiary of Verizon Connect, with offices at 9868 Scranton Road, San Diego, CA 92121 ("VCN"), 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 Fleet Maintenance Division is seeking to implement an automatic vehicle location (AVL) system which will allow the Fleet Maintenance Division to track vehicles in the field, improve fleet operations, increase worker productivity and encourage safer driving;and WHEREAS, VCN, has agreed to allow the City to piggy-back the Sourcewell Contract #022217-NWF for Fleet Management and Related Technology Solutions in the estimated amount of$105,000.00 with an annual cost of$67,000.00 and a one time set up fee of$38,000.00. 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 VCN agree that VCN shall provide Automatic Vehicle Location System in an estimated amount of$105,000.00 with an annual cost of$67,000.00 and a one time set up fee of$38,000.00 at prices based on Sourcewell Contract #022217-NWF with Verizon Connect NWF, Inc., a copy of which is attached hereto as Exhibit "A", except as hereinafter provided: A. All references to Sourcewell shall be deemed as references to the City of Boynton Beach. B. 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 Page 1 S:\CA\AGMTS\Piggyback Agmt Sourcewell(Verizon).docx 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. C. VENUE Venue for any administrative and/or legal action arising under this Agreement shall be in Palm Beach County, Florida D. 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 And to the Contractor at: Verizon Connect NWF, Inc. E. The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. 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 Page 2 S:\CA\AGMTS\Piggyback Agmt Sourcewell(Verizon).docx 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; C. 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 D. 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 CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. 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: CRYSTAL GIBSON, CITY CLERK 3301 QUANTUM BLVD. BOYNTON BEACH, FLORIDA, 33435. 561-742-6061. GIBSONC@BBFL.US Section 3. In the event that the Sourcewell Contract is amended, or terminated, VCN shall notify the City within ten (10) days. In the event the Sourcewell 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. VCN 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 S:\CA\AGMTS\Piggyback Agmt Sourcewell(Verizon).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 Sourcewell 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. 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 Date VERIZON CONNECT NWF,INC.. WITNESSES: BY: Print Name: Title: ATTEST: SECRETARY Date Page 4 S:\CA\AGMTS\Piggyback Agmt Sourcewell(Verizon).docx EXHIBIT A CONTRACT BETWEEN SOURCEWELL AND VERIZON CONNECT NWF,INC. Page 5 S:\CA\AGMTS\Piggyback Agmt Sourcewell(Verizon).docx