R18-172 RESOLUTION NO. R18-\1
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA,APPROVING THE PIGGY-BACK
OF A CITY OF LAKE WORTH BID#17-109 AND ANY
AMENDMENTS THERETO WITH SHRIEVE
CHEMICAL COMPANY FOR THE PROVISION OF
93% SULFURIC ACID FOR AN ESTIMATED
ANNUAL EXPENDITURE OF $100,000.00;
AUTHORIZING THE CITY MANAGER TO SIGN A
CONTRACT WITH SHRIEVE CHEMICAL
COMPANY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, City staff has confirmed that the City of Lake Worth has complied
with Public Contract Bid requirements which equal or exceed the City of Boynton Beach's
requirements; and
WHEREAS, upon recommendation of staff, it is the City's desire to piggy-back a
City of Lake Worth Bid #17-109 and any amendments thereto with Shrieve Chemical
Company for the provision of 93% sulfuric acid in an estimated annual expenditure of
$100,000.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
• THE CITY OF BOYNTON BEACH, FLORIDA,THAT:
• Section L The foregoing "Whereas" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this Resolution upon
adoption.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
29 approves the piggy-back of a City of Lake Worth Bid#17-109 and any amendments thereto
�Q with Shrieve Chemical Company for the provision of 93% Sulfuric Acid in an estimated
annual expenditure of$100,000.00.
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Section 3. The City Manager is hereby authorized to sign a contract with
Shrieve Chemical Company, a copy of which is attached hereto as Exhibit"A".
Section 4. That this Resolution shall become effective immediately.
PASSED AND ADOPTED this,T) day of q 2018.
CITY OF BOYNTON BEACH, FLORIDA
YES NO
Mayor—Steven B. Grant
Vice Mayor—Christina L. Romelus
Commissioner—Mack McCray ✓
Commissioner—Justin Katz /
Commissioner—
•
VOTE _0
ATTEST:
Queenester Nieves
• dludith A. Pyle, CMC
City Clerk
(Corporate Seal)
59
G1ft
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`% - `AD.,
CONTRACT FOR 93% SULFURIC ACID
This Agreement is made as of this day of , 2018 by and between
SHRIEVE CHEMICAL COMPANY, a Foreign Corporation, with offices at 1755 Woodstead
Court, Woodlands,TX 77380 ("SHRIEVE"),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, sulfuric acid is critical to the water treatment process as it lowers the pH of
the feed water to prevent minerals from forming a hard scale on the membrane during the treatment
process. A build-up of scale on the membranes will decrease the output West Water Treatment
Plant production; and
WHEREAS, SHRIEVE, has agreed to allow the City to piggy-back the City of Lake
Worth Contract Bid 17-109 to provide sulfuric acid for an estimated annual expenditure of
$100,000.00 at prices based on City of Lake Worth contract; and
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 SHRIEVE agree that SHRIEVE shall provide sulfuric acid for
an estimated annual expenditure of$100,000.00 at prices based on City of Lake Worth contract
#Bid 17-109, a copy of which is attached hereto as Exhibit"A", except as hereinafter provided:
A. All references to the City of Lake Worth shall be deemed as references to the City
of Boynton Beach.
B. All Notices to the City shall be sent to:
City Lori LaVerriere, C ty Mana ger
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.
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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 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.
Section 3. In the event that the City of Lake Worth Contract is amended,or terminated,
SHRIEVE shall notify the City within ten (10)days. In the event the City of Lake Worth 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. SHRIEVE 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.
Section 5. The insurance required shall require that the Certificate of Insurance name
the City of Boynton Beach as an additional insured.
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Section 6. In all other aspects, the terms and conditions of the City of Lake Worth
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
City Clerk
APPROVED AS TO FORM:
James A. Cherof, City Attorney
SHRIEVE CHEMICAL COMPANY
WITNESSES:
BY:
Print Name:
Title:
ATTEST:
SECRETARY
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•
EXHIBIT A
AGREEMENT BETWEEN CITY OF LAKE WORTH
AND SHRIEVE CHEMICAL COMPANY
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