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R22-073 1 RESOLUTION NO. R22- 073 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE INTERIM CITY MANAGER TO 5 SIGN THE MUTUAL AID AGREEMENT BETWEEN THE CITY OF 6 BOYNTON BEACH AND PHILLIPS AND JORDAN FOR 7 HURRICANE/DISASTER DEBRIS REMOVAL AS PROVIDED FOR 8 UNDER THE SOLID WASTE AUTHORITY'S MUTUAL AID AGREEMENT 9 NO 22-201C WITH THE SAME TERMS AND CONDITIONS; 10 PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, the Solid Waste Authority approved an Agreement with Phillips and 13 Jordan to provide Hurricane/Disaster Debris Removal, Reduction and Disposal; and 14 WHEREAS, pursuant to Article 33 (Agreements with other Government Entities) of 15 Agreement No. 22-201C states, "The CONTRACTOR agrees that this Agreement constitutes 16 an offer to all State Agencies and local government agencies of the State of Florida under 17 the same terms and conditions, for the same prices and for the same effective period as 18 specified in this Agreement; should the CONTRACTOR deem it in the best interest of their 19 business to do so; and 20 WHEREAS, upon recommendation of staff, the City Commission has determined 21 that it is in the best interests of the residents of the City to approve and authorize the 22 Interim City Manager to sign the Mutual Aid Agreement between the City of Boynton 23 Beach and Phillips and Jordan for hurricane/disaster debris removal as provided for under 24 the Solid Waste Authority's Mutual Aid Agreement No 22-201C with the same terms and 25 conditions. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 27 BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. Each Whereas clause set forth above is true and correct and 29 incorporated herein by this reference. 30 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 31 approves and authorizes the Interim City Manager to sign the Mutual Aid Agreement 32 between the City of Boynton Beach and Phillips and Jordan for hurricane/disaster debris S:\CA\RESO\Agreements\Phillips&Jordan Debris Removal(2022 3 Yr)-Reso.Docx 33 removal as provided for under the Solid Waste Authority's Mutual Aid Agreement No 22- 34 201 C with the same terms and conditions. 35 Section 3. That this Resolution shall become effective immediately. 36 PASSED AND ADOPTED this 7th day of June, 2022. 37 38 CITY OF BOYNTON BEACH, FLORIDA 39 40 YES NO 41 42 Mayor—Ty Penserga 43 44 Vice Mayor—Angela Cruz ✓ 45 46 Commissioner—Woodrow L. Hay 47 48 Commissioner—Thomas Turkin 49 50 Commissioner—Aimee Kelley 51 52 53 VOTE 5 -0 54 ATT . • 55 56 57 x.11' ��. . 58 Maylee :sus, MMC —7.,114TON A„‘‘‘ 59 City Cler �'Q�.�QORATf••� 60 61 k 62 i v i 1k ,O • 63 (Corporate Seal) � •o% 192 •.•'• It •••...S... p. ; �O FLOR = S:\CA\RESO\Agreements\Phillips&Jordan Debris Removal(2022 3 Yr)-Reso.Docx DocuSign Envelope ID:64DE8CD3-F37E-4AAO-B151-41609236E54C il 11111111111161, 44 "rt A Proves c) SeAdies May 4, 2022 City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 RE: Mutual Aid Agreement for Hurricane/Disaster Debris Removal, Reduction and Disposal between Solid Waste Authority of Palm Beach County, and Phillips and Jordan, Inc. Phillips and Jordan, Inc. (P&J) and the Solid Waste Authority of Palm Beach County have executed an Agreement for Hurricane/Disaster Debris Removal, Reduction and Disposal, Agreement No. 22-201C effective August May 8, 2022,through May 7, 2025. Article 33 (Agreements with other Government Entities) of Agreement No. 22-201C states: The CONTRACTOR agrees that this Agreement constitutes an offer to all State Agencies and local government agencies of the State of Florida under the same terms and conditions, for the same prices and for the same effective period as specified in this Agreement;should the CONTRACTOR deem it in the best interest of their business to do so. The Agreement in no way restricts or interferes with any State Agency or local government agencies of the State of Florida from re-solicitation. I would like to offer to the City of Boynton Beach, FL,to enter into this exclusive agreement with Phillips & Jordan, Inc. per Article 33 of Agreement No. 22-201C. This offer is made at the same terms and conditions stated in the referenced agreement, amended as follows. All references to"AUTHORITY"in the Authority Contract shall be as to"CITY" as applicable to apply its terms to the CITY. Article 3(COMPENSATION) Payment of invoices shall be within thirty(30) days after receipt of a correct,fully documented invoice.All invoices shall be delivered to: City of Boynton Beach Attn: Financial Services 100 E. Ocean Avenue Boynton Beach, FL 33435 Article 28(NOTICE) 10142 Parkside Drive •Suite 500• Knoxville,TN 37922•office 865.688.8342•fax 865.688.8369 pandj.com DocuSign Envelope ID:64DE8CD3-F37E-4AAO-8151-41609236E54C Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person or sent by certified mail, postage prepaid as follows: City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 Attn: Financial Services Office No. 561-742-6310 Please return one fully executed original letter upon acceptance. Sincerely, PHILLIPS&JORDAN,INC. ACCEPTED:CITY OF BOYNTON BEACH Signature: Au rrA, Pit/gt. Signature: Printed Name: Morgan Pierce Printed N me: \IJLM66 .56a 6/e3 Title: President, Power Title: —2-4)64^/og, /{/A,v aat - Date: 5/26/2022 Date: OG /3 202 2 / 4j1-0 CITY ATTORNEY