R10-055
II I
1
2 RESOLUTION NO. RI0- OSS
3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 APPROVING THE "PIGGY-BACK" OF A CITY OF
7 FT. LAUDERDALE CONTRACT #403-10368 WITH
8 HARCROS CHEMICALS, INC., OF TAMP A,
9 FLORIDA FOR THE PURCHASE OF
10 HYDROFLUOROSILCIC ACID (FLUORIDE) FOR
11 THE CITY'S WATER TREATMENT PLANTS;
12 AUTHORIZING THE MAYOR AND CITY CLERK
13 TO EXECUTE AN AGREEMENT; AND PROVIDING
14 AN EFFECTIVE DATE.
15
16 WHEREAS, City staff has confirmed that the City of Ft. Lauderdale has complied
17 with Public Contract Bid requirements which equal or exceed the City of Boynton Beach's
18 requirements; and
19 WHEREAS, upon recommendation of staff, it is the City's desire to "piggy-back"
20 a City of Ft. Lauderdale Contract 403-10368 and authorizes the Mayor and City Clerk to
21 sign an Agreement with Harcros Chemicals, Inc., of Tampa, Florida for the purchase of
22 hydrofluorosilcic acid (fluoride) for the City's Water Treatment Plants.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
i
24 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
!
2 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
2 as being true and correct and are hereby made a specific part of this Resolution upon
2 adoption.
2 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
2 approves the "piggy-back" City of Ft. Lauderdale Contract 403-10368 and authorizes the
3 Mayor and City Clerk to sign an Agreement with Harcros Chemicals, Inc., of Tampa,
S:\CA\RESO\Agreements\Reso -Piggy-Back Ft Laud - Harcms.doc
II ,
1 Florida for the purchase ofhydrofluorosilcic acid (fluoride) for the City's Water Treatment
2' Plants, a copy ofthe Agreement is attached hereto as Exhibit "A".
3 Section 3. That this Resolution shall become effective immediately.
, 18th. day of May, 2010.
I
41 PASSED AND ADOPTED this
CI~OYNTON BEACH, FLORIDA
ATTEST:
'1n. ~
S:\CA\RESO\Agreements\Reso -Piggy-Back Ft Laud - Harcros.doc
CONTRACT FOR HYDROFLUOROSILCIC ACID (FLUORIDE)
This Agreement is made as of this ~ day of Jc....../ t ' 2010 by and between
HARCROS CHEMICALS, INC., a Foreign Corporation (Kansas), Ith offices at 5132 Trenton,
Tampa, Florida 33619 ("HARCROS"), and THE CITY OF BOYNTON BEACH, a Florida
municipal corporation, with an address at 1 00 East Boynton Beach Boulevard, Boynton Beach,
FL 33435 (the "City").
RECITALS
WHEREAS, the American Dental Association strong recommends adding fluoride to
potable water supplies which fluoride is essential because of its role in the formation of human
bones and teeth; and
WHEREAS, the City ofFt. Lauderdale solicited bids and received only one (1) response
from Harcros Chemicals, Inc.; and
WHEREAS, HARCROS, submitted a letter dated April 14, 2010 to the City to provide
hydrofluorosilicic acid thru the City of Fort Lauderdale Bid 403-10368; 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 HARCROS, agree that HARCROS shall provide
hydrofluorosilicic acid at prices based on City of Ft. Lauderdale Bid 403-10368 contract, a copy
of which is attached hereto as Exhibit "A", except as hereinafter provided:
A. All references to the City of Ft. Lauderdale shall be deemed as references to the
City of Boynton Beach.
B. All Notices to the City shall be sent to:
City: Kurt Bressner, City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Telephone: (561) 742-6010/ Facsimile: (561) 742-6090
Page 1
C:IDocuments and SettingslalibrandijlLocal SettingslTemporary Internet FileslOLK2CIPiggyback (Ft Laud - Harcros).doc
Copy: J ames A. Cherof, City Attorney
Goren, Cherof, Doody & Ezrol, P A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, FL 33308
Telephone: (954) 771-4500
Facsimile: (954) 771-4923
C. The letter from HARCROS dated April 14, 2010, is attached hereto Exhibit "B".
Section 3. In the event that the City of Ft. Lauderdale Contract is amended, or
terminated, HARCROS shall notify the City within ten (10) days. In the event the City of Ft.
Lauderdale 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. The HARCROS 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.
Section 6. In all other aspects, the terms and conditions of the City of Ft. Lauderdale
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:
Jam
Page 2
C:IDocuments and SettingslalibrandijlLocal SettingslTemporary Internet FileslOLK2CIPiggyback (Ft Laud - Harcros).doc
HARCROS CHEMICALS, INC.
WITNESSES: ~ .LA. V ~ II~
\.-AC:2~ ~J BY: ....1..7: ~ ,,"5.64
P~nt Name: 7:" :S-~k)," ..s~r;,u
Title: V f> Mt.... feru... b J No. 'f.
ATTEST:
CORP~~y ~
- "-
Page 3
C:IDocuments and SettingslalibrandijlLocal SettingslTemporary Internet FileslOLK2CIPiggyback (Ft Laud - Harcros).doc
EXHIBIT A
AGREEMENT BETWEEN CITY OF FT. LAUDERDALE
AND HARCROS CHEMICALS, INC.
Page 4
S:\CA\AGMTS\Piggyback (Ft. Laud - Harcros).doc
ACORDTII CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY)
1011/2010 6/17/2010
PRODUCER Lockton Companies, LLC-I Kansas City THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
444 W. 47th Street, Suite 900 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Kansas City MO 64112-1906 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
(816) 960-9000
INSURERS AFFORDING COVERAGE NAIC#
INSURED HARCROS CHEMICALS, INC. INSURER A: AMERICAN INTERNATIONAL SPECIALTY"""
1056394 5200 SPEAKER ROAD INSURER B: ***LINES INS. CO.
KANSAS CITY KS 66106 INSURER C: ZURICH AMERICAN INS. CO.
INSURER D: LEXINGTON INS CO (AlG)
INSURER E: Arl< ,~_.~
COVERAGES HARCH03 IC THIS CERTIFICATE OF INSURANCE DOES NOT CONsmUTE A CONTRACT BElWEEN THE ISSUING
INSURER'S', AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIF1CATE HOLDER.
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ~~~~ POLICY NUMBER P~.k}~~i~~g;Wf Pgl!fJl~~~~N LIMITS
LTR TYPE OF INSURANCE
GENERAL LIABILITY EACH OCCURRENCE $ I 000 000
- 101112010 ~~~~~J9E~~~~~~nce\ 50,000
A X COMMERCIAL GENERAL LIABILITY 1955656""" 101112009 $
- ~ CLAIMS MADE D OCCUR 50,000
MED EXP (Anyone person) $
- 1,000,000
X CONTRACTUAL LlAB. PERSONAL & ADV INJURY $
- 2,000,000
X Pollution Legal Liab GENERAL AGGREGATE $
- 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $
I POLICY n ~f& rxl LOC
~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
C ~ ANY AUTO BAP9301292 1011/2009 10/1/2010 (Ea accident)
~ ALL OWNED AUTOS BODILY INJURY $ XXXXXXX
(Per person)
- SCHEDULED AUTOS
X HIRED AUTOS BODILY INJURY
X (Per accident) $ XXXXXXX
- NON-OWNED AUTOS
X Excess Auto Liab. PROPERTY DAMAGE
- $ XXXXXXX
D "$4 mil each occlagg 5631571 1011/2009 10/1/2010 (Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ XXXXXXX
1 ANY AUTO NOT APPLICABLE OTHER THAN EA ACC $ XXXXXXX
AUTO ONLY: AGG $ XXXXXXX
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 25 000 000
A ~ OCCUR 0 CLAIMS MADE 3522794 1011/2009 10/1/2010 AGGREGATE $ 25 000 000
$ XXXXXXX
~ 0 UMBRELLA
DEDUCTIBLE FORM $ XXXXXXX
X RETENTION $ 10,000 $ XXXXXXX
C WORKERS COMPENSATION AND WC9301293 1011/2009 101112010 X I WC STATU- I IOTH-
TORY LIMITS ER
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000
OFFICER/MEMBER EXCLUDED? NO E.L. DISEASE - EA EMPLOYEE $ 1,000,000
~p~Mts~td'-';:s1~~s below E.L. DISEASE - POLICY LIMIT $ 1,000,000
OTHER $2,000,000 EACH LOSS
A POLLUTION LEGAL 1955656""" 1011/2009 10/112010 $4,000,000 AGGREGATE
E LIABILITY EPR NO SO 83 28A 1011/2009 1011/2010 $5,000,000 LEASEDIRENTED
PROPERTY EQUIP.
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
""RETRO DATES: 101l/01-BI/PD 10/1/03-POLLUTION AND EXCESS LIABILITY. ENDORSEMENT MCS-90 APPLIES TO POLICY NUMBER BAP9301292.
THE CITY OF BOYNTON BEACH IS ADDITIONAL INSURED AS RESPECTS BID #403-10368 AS REQUIRED BY CONTRACT SUBJECT TO POLICY
TERMS AND CONDITIONS.
CERTIFICATE HOLDER CANCELLATION
10913024 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
CITY OF BOYNTON BEACH DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
100 E BOYNTON BEACH BLVD NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
BOYNTON BEACH, FL 33425-0310 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHOR PRESENTATIVE
ACORD 25 (2001/08) @ ACORD CORPORATION 1988
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@bbfl.us
www.boynton-beach.org
MEMORANDUM
TO: Carol Doppler
Purchasing
FROM: Janet M. Prainito, MMC
City Clerk
DATE: May 19, 2010
SUBJECT: Rl0-055 Contract for Hydroflourosilcic Acid
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 further processing.
Please contact me if there are any questions. Thank you.
~Yn.~
Attachments (2)
(Agreement & Resolution)
C: Central File
\
S:\CC\ WP\AFTER COMMISSION\Departmental Transmittals\20IO\Carol Doppler R IO-OSS.doc
America's Gateway to the Gulfstream
The Citlj ol Boljnton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@bbfl.us
www.boynton-beach.org
MEMORANDUM
TO: Tim Howard
Finance
FROM: Janet M. Prainito, MMC
City Clerk
DATE: July 22, 2010
SUBJECT: Rl0-0SS Contract for Hydroflourosilcic Acid
Attached for your information and file is a copy of the contract mentioned above. Since
the document has been fully executed, I have retained the original for Central File.
Please contact me if there are any questions. Thank you.
~m.~
Attachment
(Agreement)
C: Central File
\
S:\CC\ WP\AFTER COMMISSION\Departmental Transmittals\20 10\Carol Doppler R 1 0-055 Executed.doc
America's Gateway to the Gulfstream