R19-0041
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RESOLUTION NO. R19- 004
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN
AN AGREEMENT WITH PACE ANALYTICAL SERVICES, LLC.,
UTILIZING THE WEST PALM BEACH CONTRACT NO. 20600,
PROCUREMENT NO. ITB 16-17-144 IN THE ANNUAL AMOUNT OF
$34,000.00; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Supplemental laboratory testing services are needed to complement the
testing services that the City of Boynton Beach Utilities Laboratory already performs for
monitoring and compliance purposes related to treatment of water and wastewater; and
WHEREAS, this agreement will provide laboratory services required by the Florida
Department of Environmental Protection for the City owned landfill; and
WHEREAS, the City Commission of the City of Boynton Beach, upon the
recommendation of staff, deems it in the best interest of the citizens and residents of the City
of Boynton Beach to approve and authorize the City Manager to sign an Agreement with Pace
Analytical Services, LLC., for lab analysis of potable and non -potable water under West Palm
Beach Contract No. 20600, Procurement No. ITB 16-17-144 in the annual amount of
$34,000.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. 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 hereof.
Section 2. The City Commission of the City of Boynton Beach hereby approves
authorizes the City Manager to sign an Agreement with Pace Analytical Services, LLC.,
lab analysis of potable and non -potable water under West Palm Beach Contract No. 20600,
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Procurement No. ITB 16-17-144 in the annual amount of $34,000.00, a copy of which is
attached hereto as Exhibit "A"
Section 3. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this !S'v day ofJfi-A(,Vg�, 2019.
CITY OF BOYNTON BEACH, FLORIDA
YES NO
Mayor — Steven B. Grant
Vice Mayor — Christina L. Romelus
Commissioner — Mack McCray
Commissioner — Justin Katz
Commissioner — Aimee Kelley
VOTE �o
ATTEST:
Judit . Pyle, CMC
City Ulerk
(Corporate Seal)
k S
t�
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14321.1. Piggy-bg'Ck_ _West_Palm_Beach_(Lab_Analysis)_Pace_-_Reso.docx
(&19 - oo
LAB ANALYSIS OF POTABLE AND NON-POTABLE WATER
This Agreement is made as of this 444 day of ce b r u i;+� , 2019 by and between PACE
ANALYTICAL SERVICES, LLC., a Foreign Limited Liability Company authorized to do
business in the State of Florida with a principal address of 1800 Elm Street, SE, Minneapolis, MN
("PACE"), 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, supplemental laboratory testing services are needed to complement the
testing services that the City of Boynton Beach Utilities Laboratory already performs for
monitoring and compliance purposes related to treatment of water and wastewater. In addition,
this agreement will provide laboratory services required by the Florida Department of
Environmental Protection for the City owned landfill; and
WHEREAS, PACE, has agreed to allow the City to piggy-back the City of West Palm
Beach Contract No. 20600, Procurement No. ITB 16-17-144 to provide lab analysis of potable and
non-potable water for an estimated annual expenditure of$34,000.00 at prices based on City of
West Palm Beach 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 PACE agree that PACE shall provide lab analysis of potable and
non-potable water for an estimated annual expenditure of$34,000.00 at prices based on City of
West Palm Beach Contract No. 20600, Procurement No. ITB 16-17-144, a copy of which is
attached hereto as Exhibit"A", except as hereinafter provided:
A. All references to the City of West Palm Beach shall be deemed as references to the
City of Boynton Beach.
B. All Notices to the City shall be sent to:
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IL
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
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 West Palm Beach Contract is amended, or
terminated, PACE shall notify the City within ten (10) days. In the event the City of West Palm
Beach 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.
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Section 4. PACE 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 3. 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 City of\Vest Palm Beach
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.
CITE` OF BOYNTON BEACH, FLORIDA
ATTEST:
By: /''`� vi /
Lori LaVerriere, City Manager
City Ierh
APPROVED AS TO FORM:
I � a
ames A.C !ofd ty t mey soy . •
PACE ANALYTICAL SERVICES, LLC.,
WITH SSES:
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BY� !�
Print
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ATTEST:
SECR A
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EXHIBIT A
AGREEMENT BETWEEN CITY OF WEST PALM BEACH
AND PACE ANALYTICAL SERVICES,LLC.,
I
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