R16-143 RESOLUTION NO. R16-143
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE CITY
q MANAGER TO SIGN A FOUR (4) YEAR AGREEMENT WITH
TANNER INDUSTRIES, INC., OF SOUTHAMPTON, PA, FOR
THE LEASE OF ONE (1) 1,000 GALLON ANHYDROUS
AMMONIA STORAGE TANK AT AN ESTIMATED ANNUAL
13 EXPENDITURE OF $100 PER MONTH ($1,200 PER YEAR); AND
1 PROVIDING AN EFFECTIVE DATE.
1 '
1 ;
1 WHEREAS, Ammonia is critical'to the City's water treatment process as it is
1 combined with sodium hypochlorite to form chloramines, which kill bacteria in water; and
1', WHEREAS, storage tanks for ammonia, if not owned, are typically leased by the
1 vendor providing the ammonia and thus the storage of ammonia provided by one vendor is
1 typically not allowed in tanks provided by a separate vendor; and
1 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
21 recommendation of staff, deems it to be in the best interests of the City residents to approve
2 and authorize the City Manager to sign a four (4) year agreement with Tanner Industries for
2' the lease of one (1) 1,000 gallon anhydrous ammonia storage tank at an estimated annual
2; expenditure of$100 per month($1,200 annually).
2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
2 THE CITY OF BOYNTON BEACH,FLORIDA, THAT:
2; Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
2' being true and correct and are hereby made a specific part of this Resolution upon adoption
2; hereof.
2: Section 2. The City Commission of the City of Boynton Beach, Florida hereby
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30 approves and authorizes the City Manager to sign a four (4) year agreement with Tanner
3 Industries for the lease of one (1) 1,000 gallon anhydrous ammonia storage tank at an
3 estimated annual expenditure of $100 per month ($1,200 annually), a copy of which
3 ; Agreement is attached hereto as Exhibit"A."
3^ Section 3. This Resolution shall become effective immediately upon passage.
3. PASSED AND ADOPTED this // day of // 2016.
3s,
3 .
3: CITY OF BOYNTON BEACH, FLORIDA
3.
40 YES NO
4
4: Mayor— Steven B. Grant
4;
4' Vice Mayor—Mack McCray
4')
41, Commissioner—Justin Katz
4 ' vj
4 Commissioner—Christina L. Romelus
4'%
50 Commissioner—Joe Casello iS&(t/-
5
5
5; VOTE
5^
5. ATTEST:
51.
5 �v LC t.)G �- 21
5 9 J idkith A. Pyle, C Gt
6 0 Ci/ty Clerk
6
6
6, (Corporate Seal)
6;,
r
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'-� \ (.;� - I (-A -
EQU MEM' LEASE AG "NT
THIS ACTREEMENT msals as ofthia 7tli day of Wbc r. 2at6 bah ue t k aIltvp9r t t sc iii ? ('L, ,,e) ar.
t l o. , r h Winter (' "l.cssce").
The equipment and accessories (the Equipment) leased Pursuant to the Agreement are the following:
The initial term of this lease shall be for a period of4g mow
its aommenciag an ` m d't�9#t' h r 20]6 Thereafter, this lease shall
continue from year to yet£r unless terminated by either party on 30 days prior written notffce.
Rem for the Equipment slant be ' CN Per tenth payable 30
days f'totn receipt of invoiex.
The Equipment will be installed at Lessee's Premises at
The Equipment will only be used to store Lessor's Arft drous Ammonia unless Lessor first conserhs in writing in the contrary,
Lessee's [ Plant r psi a1C a by e or Lsee E quipment t shipped Lessee wi hansportatior, charges froirt location ofmanufacture or storAp to
Lessee will be responsible for the irtatallatfon ofthe Equipment, including the installation ofame to foturdations, fences and
other sit.. preparations, and Leasca will maintain all installation materials in pima
Equipment in compliance with all applicable Lows and re good condition. Lessee will 'install, maintain and use the
maimenrrtce of the Equipment covered this regulations. Lessee is Mpo tsible for controlling external corrosion and the gervrai
by Agreement which iucludes repatntmg of the Equiptrrznt where appropriate.
Loss* will bear the cost to replace gauges, valves, fittin= g, vaporWn and heaters, ifany, supplied with the Equipment.
Lessee will be respcosible farany license and/or inspection foes or taxes arising out ofits possession or use ofthe Equipment; and
f all of loss to the Equipment during the period of Lessee's pow -Asion ofthe equipment, includin the pentad of bWallation, removal,
transportation back to Lessor's termiralAvarehouse facilities following mmoval, including any app icebie costs associated with the off
loading Of the vessel on our premises i.e. erase charges.
It is the resp - Vibility of Lessee to comply with all regui mry obligations including, but not limited to, registrations and fees,
training and reporting regwrmnonts under all Federal, State and Locrcl laws, codes and statutes resulting rom the - asonce ofthe chemicals
and'Or equipment supplied in connection with this agreement. g p'
Further. it is the n�s of the Lessee to wan and protect Its employees and Other. exposed to the hazards posed by the
Lessee's storage and use of those chemicals.
Lessor reserves the right to have th✓ Equipment removed at any time after Lessee has bra :hedthis Agreementor the Agreement is
Otherwise terminated. ]fat any time Lesw has bunched this agteemoat Lem shall accelerate the due date for the g3ynherrt of all rent
remaining p d o e s paid, from wad after the occurrence ofthe even of detirhlt to the expiration ofthe term of the l�eie, �uJ such amount shall
be to Lessor on demand as liquidated dam m3es for Lessee's default, in : dditicm to all sums due and the as off tltt date of theevem of
do alt.
tamina6
Ifthe
eh qui fpmen is removed for arty reason. Lesr will bear the rerson;,bie cost ofremoval and transportation to Lascor's ncareal
loading of the vessel on lily (or m such other fisallity as is designabad by Lessor). including any applicable costs associated with the off
Premises Le. crane charges, and of any necessary rep ors n€ ded to the vessel.
manner
Titl nstto th Equip me hall at all times remain in Lessor and it Equipmo shall remain personal property irt'pective of the
Waiver" with respect to the Equipment to � u ll ry o ' Less Lesaoe will not ate, orpeerm t the cmation a ` Landlord's
charge, lien ar encumbrance on the Equipment. perfection o f any
Lessor shall have across at all times to the Equipment for the purpose of inspecting and maintaining it,
pos agrfdto ) to make neither permanent additions nor alterations to Equipment without Lessor's utiitten anent; (b) not to
deliver Equipment or any part there alto any party other than Lessor, (o) to keep lmNc and visible all trademaS:s, marks
of ownership, and wZmin,7,s on the Equipme* (d) not to asetgo this Agreement or any mterust iberem or ri t thehnhmder without Lessor's
!p riot written oonsenk (e} to execute such security irtsatnunethts as Lessor may reasonably require incl but sat limited to, pop�.r
enancirtg statements; and (t} m reimburse Lessor far the fu11 rcplacamtntt oast of the Equipment in the event of its loss or loss of its
rnanufactun:`s da#s plebe, said replacxrnertt oast to be that in affect at the time Lessor s notified of such loss, or in the absence of
ratification, at the lima of temtinarion of this ls�sc.
Lessee shall use the Equipment to store Lessor's product of the kind described and will not use the equipment for any other
Purpose without Lessor's written consent. Lessee may purchase the Equipment upon terns which are mutually agreeable to lessor and
fail If Lessee shoed fail to perfntm its obligations under this Agreement for 10 days subsequent to receipt of written notice of such
enter tun, If shall have the riglitto twalin ate the lease crested herein and shall have the right, with or without notice or legal process, to
LM"'s premises and remove the Equipment. Upon such fat7ure by lessee, Lessee shall pay Lessor all costs and exlscnscs, including
attorney's fees, in connection with such a session and Lessee shall r0fin rse Lessor for any and all losses it shall Incur as a is of
Lessee's failure to perform its oblig er.
other rights or Lessor may have. Lessor shall have d obl Eq uipm ent
tm to restore the Premises and itch removal "I the Pramis to their crottdition su uem to
removal.
Lessee agrees m indemnify, � less and defend Lassen, its agents, ample }'?es, representatives, offtexs, directors,
stockhoidxs and affiliated c against any and all claims and demands, llabilrU losses, cogs and ex
aLeeo --- s crnployves) or to arty prop (In may be in d liable by r` agar of injury (including de„�tit) to any Pao (n includ g cl
manner connected with the Equipment or the g Equipment Itself) of whatsoever tried or nature arising out of or in any
renovator other disposition o of o ��sian, erection, use, operation, maintenrmca, repair, loading, unloading, hauling,
covenants herein. It is expressly understood ad ag agree the ants negligent act, omission or fat7ura of Lessee to tompplr with any of its
employees. Nothing herein however, shall be con strued O indemnities contained in this paragraph covers clstms by Lessee's
applying to any loss or [lability arising out of or resulting from the sole
CITY CLERK'S OFFICE
MEMORANDUM
TO: Julie Alibrandi
Procurement
FROM: Judith A. Pyle, CMC
City Clerk
�f
DATE: November 7, 2016
RE: R16 -143 — Equipment Lease Agreement with Tanner Industries
Attached for your handling is the original agreement mentioned above and a copy of
the Resolution. Once the document has been executed, please return the original to
the City Clerk's Office for Central File.
Please contact me if there are any questions.
Thank you.
Attachments
S: \CC \WP \AFTER COMMISSION \Departmental Transmittals \2016 \R16 -143 Equipment Lease Agreement Tanner Industries.doc