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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. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ATTEST: 25 26 27 Janet M. Prainito, CMC 28 City Clerk 29 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 ....."'''--- P&lU...Re_~KEJ;;M..l. ~ .PAllU~~' ~~FtRI Nl"AACTCIJUlElL . UPPUl!8 OR BEJlVg!1l1lll) I'IlICI!SIC06T6 P"1fT Ill. U&T OF IlOl1JloIEKlll, EXHl BITS AND OTHER "flACK. TIONI$PeCS.IWORK8TAfEMSHT OFATTACIM!HTS ACl<AGlN13 Ale w.RKlItQ PART N _ REl'llEnM',o,'llOII$ NIO INSTRUCTlONS I'ECTIClPlIW:JAIlCEPfANCE PR!RNT"'flOHS. CllR1l1'lCA1lON81.1Cl IlER1e8 OR f'EAFO-.a X JTATnENTll OFQl'FEROR$ AllMHISTRAlION Qo\ TA X., CClNlIt:; AIID N:1TlCU TO OFFER PEaAl.lXlHnlACtReQ~IIENT& S4-92 X \\L......1lOII,.ACTORllflOR...v.MO CONTRAOTING OFFICER wru. OOMPLlmE fTEM 17 OR 18 AS APPUCABLE IT. 0 COHT~OKT-Ia!I3O'l1A: qo/nHJ lo """ t/III ~1II.11d _ '!'NO ~. jp /fofJmQ .mo..) Can_ ~"'"' to .."""" .1Id __ .. ..... ar l*kd "' ... N_ Mf _ or au..__ IdeBIiff.d ...,... _ on my IlOtIIhUIrIlon ~ tor I\ll connf...... ..1e4 """'"'- TIla ~"" _ Oblgrions Dl 11I1 ,Olllal to 1>1I eollIroct WIalI bo IlIbjacI ID .nd lowmad by 011 -..q clocII.....: (loll.. ~ lbl ... ....""" I 61\1, Ind Icl - JllIl-.llilclne, ..,.......Ilcm.. ..n_.... .nd apacIlcodana, I. .. _ or In"""'_.... fly _.._ hellln. ~tl'II_.,... _ helOt!.) 1..... HAM!! AN) 'rtfUl OF S11l11C1111 f!1p. or/lltlt} A j CVl ('n q(/,)1 (>~C~fL ;,/'h.:)/\ (JA (.1 I , I'~l;( {F);,"C () M,dR 11(.. liB. HMAf! ~ i.v\ '-1./ 6Y 7'..c-- t$91l.tu,. 01_ wth_ III oVnl HSN 1540..(11-152.aoea ~EV\Q\J6 ecmoH U>4V5N1LE VI 11. /CMltlllIlor If (10/ reqlll.d to . UI/I dO""lfWn.) our ~dl~ ~':&~~::'-"I*la IlJ yQ4I ""'~ .dCltic>nI 0' ohqas... Jet wl\h In ... lbow "lIMby aldP*' _ to "" ltams _ obo\fO "nd on .ny conin..tion ........ ". _Ill _""_ 1h. _ whltlt CO_I 01 I/le Io_~ doanonlr. (10) 1M ~Inl" tolidtalIoa Ind ,.,.r oller. "lid (II) 1111. ....tclIcot\nct No turther_nelualdllel101Gl1t10 McalRly. .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"