R07-122
II
1
2 RESOLUTION NO. R-07- {~a..
3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 APPROVING THE PIGGY-BACKING OF A
7 CONTRACT BETWEEN THE UNITED STATES
8 COAST GUARD AND CLEAN HARBORS
9 ENVIRONMENTAL SERVICES, INC., FOR VARIOUS
10 SERVICES THAT MAY BE NEEDED IN THE EVENT
11 OF A MAJOR WEATHER EVENT, DISASTER OR
12 LARGE UTILITY SYSTEM FAILURE EXPIRING ON
13 SEPTEMBER 30, 2009; AUTHORIZING THE CITY
14 MANAGER TO EXECUTE A CONTRACT BETWEEN
15 THE CITY OF BOYNTON BEACH AND CLEAN
16 HARBORS ENVIRONMENTAL SERVICES, INC.;
17 PROVIDING AN EFFECTIVE DATE.
18
19 WHEREAS, the Utility Department is concerned about having additional resources
20 available to them for disaster recovery; and
21 WHEREAS, Clean Harbors would assist the Utility Department with manpower,
22 equipment and resources to help minimize any emergency; and
23 WHEREAS, the City of Boynton Beach desires to retain the services of Clean
24 Harbors with a local address in Miramar, Florida; and
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
27
Section 1.
Each Whereas clause set forth above IS true and correct and
28 incorporated herein by this reference.
29
Section 2.
The City Commission Of The City Of Boynton Beach, Florida,
30 Hereby approves the piggy-backing of a United States Coast Guard Contract with Clean
31 Harbor Environmental Services, Inc., for a two (2) year period ending September 30, 2009,
32 for various services that may be needed for disaster recovery on an as needed basis.
S:\CA\RESO\Agreements\Bid Awards\Piggy-backing USCG with Clean Harbors.doc
II
Section 3.
The City Commission of the City of Boynton Beach hereby
2 authorizes the City Manager to execute a Contract between the City of Boynton Beach and
3 Clean Harbor Environmental Services, Inc., a copy of which is attached hereto as Exhibit
4 "A".
5
Section 4.
That this Resolution shall become effective immediately.
6
PASSED AND ADOPTED this k day of October, 2007.
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24 ATTEST:
25
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27 Janet M. Prainito, CMC
28 City Clerk
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30
31 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
t~Jil~
",.....
Commissioner - Carl McKoy
S:\CA\RESO\Agreements\Bid Awards\Piggy-backing USCG with Clean Harbors.doc
Ra{-l~~
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND
CLEAN HARBORS ENVIRONMENTAL SERVICES, INC.
THIS IS AN AGREEMENT, dated this _ day of
, 2007, by and between:
CITY OF BOYNTON BEACH, a municipal
corporation of the State of Florida, hereinafter
referred to as "City,"
and
CLEAN HARBORS ENVIRONMENTAL
SERVICES, INC., a Massachusetts corporation
authorized to do business in the State of Florida,
with its principal address as 42 Longwater Drive,
Norwell, MA 02061 and its local address as 11221
Interchange Circle South, Miramar, FL 33025,
hereinafter referred to as "Contractor."
WHEREAS, the City has the need to procure the services, on an "as needed basis" of
qualified contractors capable of providing emergency response services for containment,
cleanup, and/or to mitigate the harmful effects of oil spills and hazardous substance incidents on
or in waters within the City ("Services") in the event of a hurricane landfall, or other natural
and/or manmade disasters; and
WHEREAS, the United States Coast Guard competitively bid for these Services under
United States Vendor Solicitation Number HSCG84-07-R-I0000l; and
WHEREAS, Contractor submitted a bid in response to the United States Coast Guard
Solicitation; and
WHEREAS, after receipt of said bid from Contractor, the United States Coast Guard
entered into a contract with Contractor to provide labor, materials and equipment to contain,
cleanup, and/or mitigate the harmful effects of oil spills and hazardous substance incidents on or
in waters subject to the jurisdiction of the United States, as well as the bottom and adjoining
shoreline of such waters and inland areas, said Contract being attached hereto and made part
hereof as Exhibit "A" ("U.S.c.G. Contract"); and
WHEREAS, the City has reviewed the scope of services of the competitively bid
U.S.c.G. Contract, and has determined that it is an agreement that can be utilized by the City to
provide said services to the City of Boynton Beach; and
WHEREAS, Contractor has agreed to honor the prices and terms and conditions of the
U.S.c.G. Contract in performing said Services for the City; and
WHEREAS, City desires to retain the services of Contractor based on the U.S.C.G.
Contract; and
WHEREAS, the City Commission of the City of Boynton Beach authorized the proper
City officials to enter into an Agreement with Contractor by piggybacking the U.S.C.G.
Contract; and
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, and other good and valuable consideration, the receipt and adequacy of which are
acknowledged, the parties agree as follows:
Section 1. The foregoing recitals are true and correct and are hereby incorporated
into this Agreement.
Section 2. Attached hereto and made a part hereof by reference as Exhibit "A" is the
U.S.C.G. Contract referenced-above. The prices, terms and conditions of this U.S.c.G. Contract
shall govern the relationship between the City and Contractor, except as amended below:
A. The Scope of Services for work to be performed under this Agreement shall be as
set forth in Exhibit "A," except said services shall be performed in and for the
City of Boynton Beach.
B. All references in the U.S.C.G. Contract to the United States Coast Guard and the
United States of America shall be considered references to the City of Boynton
Beach.
C. Contractor shall perform the services in and for the City of Boynton Beach as
detailed in the U.S.c.G. Contract utilizing the prices set forth in Exhibit "A."
D. As discussed in Part I, Section F.1. of the U.S.C.G. Contract, term period of this
Agreement shall commence on the date this Agreement is executed by the City
and terminate on September 30, 2009. The remainder of this section of the
U.S.c.G. Contract shall remain the same.
E. The venue of any action taken to enforce this Agreement shall be in Palm Beach
County, Florida and this Contract shall be interpreted under the laws of the State
of Florida.
F. Contractor shall provide City with proof of insurance as required by the U.S.c.G.
Contract naming the City of Boynton Beach as the "Additional Insured" and
providing the City with all the same endorsements provided to the United States
Coast Guard and the United States of America in the U.S.C.G. Contract.
G. All Notices to the City shall be sent to
City of Boynton Beach
Attn: City Manager
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33425
Section 3. In all other respects, the terms and conditions of the U.S.C.G. Contract,
are hereby ratified and shall remain in full force and effect under this "piggybacking"
arrangement, as provided by their terms.
IN WITNESS OF THE FOREGOING, the parties have hereunto set their hands and seals
on the dates written below.
ATTEST:
CITY OF BOYNTON BEACH
By-J2~~~
KURTB . SSNER
CITY MANAGER
BY~ 'fYI.
ty Clerk
Approved as to form:
BY:
/
Ice of the City Attorney
WITNESSED BY:
CLEAN HARBORS ENVIRONMENTAL
SERVICES, INC.
BY:
President
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing Agreement was acknowledged before me this _ day of
2007, by of CLEAN HARBORS ENVIRONMENTAL
SERVICES, INC., who is personally known to me, and who has affirmed that he/she has been
duly authorized to execute the above document on behalf of the corporation.
NOTARY'S SEAL:
NOTARY PUBLIC, STATE OF FLORIDA
Name of Acknowledger, typed, printed, or Stamped
S:\CA\AGMTS\Disaster Debris Removal (A TL).doc
EXHIBIT "A"
AGREEMENT BETWEEN UNITED STATES COAST GUARD AND CLEAN HARBORS
ENVIRONMENTAL SERVICES, INC.
.~
(
1. THIS CONTRACT IS A ~ED ORDER ~ i"l1N~ AGE ~ PAGU
AWARD/CONTRACT UNDER DPAS (15 CFR 1 1 I 113
it. OOHTRACT iPlw- Inot. IrfettIJ 110. !PUCTI\lj ban ] R2OUlSI11OflIPURQlASE IlEQUEITlPROJECT NO.
HSCG8-t05Al.OOOB5 7 1 05 OMB Control # ~600-0002
....._Dr( CODli I . ADIolI..sTl!RIlD lSY (lfofllerf"." w.m6)
OODl!
COtrmander, U.S. Coast Guard
MLCL1\NT (fcp-2) Same as Block 5
300 East Main Street, Sui t.e 96S
Norfolk, VA 23510-9113
7. NAlIIe /II<<) fICORI!ta Of' COtITMCroIl VI<>., ItINI, CIIy. coumy. St...nd rIP Cl>dIr/ 1&. DEI.lYERY
Clean Barbors Environmental Servioes Inc. n FOIl ORIGIN 00 OnEil t'!l- hbwj
1501 washington Street
Braintree , MA 02184-4;59 . DIICOIIIfT'FOR PAOIoFT PAYIo1I1HT
Net 30 Days
POCo Phil Bail
Tel: 781-84!l-1800 x 5309
Fax: 781-794-3843 c. aUllMlf.llYOJQ!S nElI
DUNS ft: 039322250 ~ """".....0/11.,. .. Section G
.... ."...., 10 T1tl:
COCIE IrY.auTY c:coa AllDll!SI 61fO'M1lN:
11.IlHIPTOIW.lU< FOR coDl!I 2.I'AYMEIlfWil:LE 1IWlE.8Y CODE
See Individual Task Order
t I. AUntORIlY FOlt UUlQ 0nIIR. TIWl PIJU. NfJ) OPEN OOMl'E1ll1OH; ,.: ACCOl.IH'IIN$ ~ III'I"ROPRlIITlOH MTA
~ 1. use _.,c~ 041 USCU:l/aw See Individual Task order
I 1
1SA. ITEM NO.1 158. SUPPlIES/SERVICES 16C. QUANTITY 150. UNIT 15E. UNIT P~ICE 15F. AMOUNT
I 0.00
Labor, Equipment, and Materials to 0.00
contain, cleanup, and/oJ:' mitigate 0.00
the harmful e~feots of oil spills 0.00
and hazardous substance incidents 0.00
0.00
, 0.00
~ 0.00
160. TOTAL AMOUNT OF CONTR^CT . . SO.OO
:x-
X
X
X
X
X
X
x:
DESCRIPTION DESCRlPTlON
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.e:. DATE IIQljED
Cj L~-[O'(
A. NAMS OF CO~ 0fI'I"Ce1t
EXHIBIT "B"
LETTER FROM CLEAN HARBORS ENVIRONMENTAL SERVICES, INC.
AGREEING TO HONOR THE RATES PROVIDE IN THE U.S.c.G. CONTRACT IN ITS
AGREEMENT WITH THE CITY OF BOYNTON BEACH
8635196306
Clean Harbors Florida
03.3253 pm
09-18-2007
1 11
o~[~~
ENVIRONMENTAL SERVICES.
Clean Harbors Environmental Services, Inc.
11221 Interchange Circle South
Miramar. FL 33025
954-430-2860
9/17/2007
To whom it may concern,
Clean Harbors Environmental Services will honor the USCG / BOA time plus material rates for the City of
Boynton Beach once a contract between the City of Boynton Beach and Clean Harbors is executed.
"People and Technology Creating a Better Environment"