R11-109
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1 RESOLUTION NO. Rll-/ D Cf
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3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 APPROVING THE "PIGGY-BACK" OF A PALM
7 BEACH COUNTY, FLORIDA BID #11-067/SWC
8 WITH MORTON SALT, INC., FOR THE PROVISION
9 OF GRANULAR SODIUM CHLORIDE;
10 AUTHORIZING THE MAYOR AND CITY CLERK
11 TO EXECUTE A CONTRACT FOR AN ESTIMATED
12 ANNUAL EXPENDITURE OF $72,000; AND
13 PROVIDING AN EFFECTIVE DATE.
14
15 WHEREAS, City staff has confirmed that Palm Beach County has complied with
16 Public Contract Bid requirements which equal or exceed the City of Boynton Beach's
11 requirements; and
16 WHEREAS, upon recommendation of staff, it is the City's desire to "piggy-back"
19 a Palm Beach County Bid #11-067/SWC and authorizes the Mayor and City Clerk to sign
20 a Contract with Morton Salt, Inc., for the provision of sodium chloride for an estimated
21 annual expenditure of $72,000.
2{ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
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2f THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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:~ Section I. 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
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2 adoption.
2 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
2 approves the "piggy-back" of a Palm Beach County Bid #11-067/SWC and authorizes the
2 Mayor and City Clerk to sign a Contract with Morton Salt, Inc., for the provision of
3 sodium chloride for an estimated annual expenditure of $72,000, a copy of the Agreement
S:\CA\RESO\Agreements\Reso - Piggy-backing PBC Bid with Morton.doc
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1 is attached hereto as Exhibit "A".
2 Section 3. That this Resolution shall become effective immediately.
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3 PASSED AND ADOPTED this ~O day of September, 2011.
4
5 BOYNTON BEACH, FLORIDA
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2~ Commissioner - Marlene Ross
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2 ATTEST:
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S:\CA\RESO\Agreements\Reso - Piggy-backing PBC Bid with Morton.doc
R it— 109
CONTRACT FOR SODIUM CHLORIDE
This Contract is made as of this IA day of Jc , 2018 by and between
MORTON SALT, INC., a foreign corporation authorized to do business in the State of Florida,
with offices at 123 N. Wacker Drive, 26 Floor, Chicago, IL 60606 ( "MORTON "), and THE
CITY OF BOYNTON BEACH, a Florida municipal corporation, with an address at 100 East
Boynton Beach Boulevard, Boynton Beach, FL 33435 (the "City ").
RECITALS
WHEREAS, sodium chloride is combined with water to produce a brine solution which
is used by the on -site chlorine generators which are installed at both East and West Water
Treatment Plants; and
WHEREAS, MORTON, submitted a proposal dated August 3, 2011 to the City to
provide sodium chloride in the approximate amount of $71.96 per ton plus freight at prices based
on Palm Beach County, Florida Bid #11- 067 /SWC with an estimated annual expenditure of
$72,000; 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 MORTON agree that MORTON shall provide Sodium
Chloride in the amount of $$71.96 per ton plus freight based on Palm Beach County Bid #11-
067/SWC with an estimated annual expenditure of $72,000, a copy of which is attached hereto as
Exhibit "A ", except as hereinafter provided:
A. All references to Palm Beach County, Florida shall be deemed as references to the
City of Boynton Beach.
B. All Notices to the City shall be sent to:
City: Lori LaVerriere, Interim City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Telephone: (561) 742 -6010 / Facsimile: (561) 742 -6090
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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 proposal from MORTON dated August 3, 2011, is attached hereto Exhibit
Section 3. In the event that the Palm Beach County, Florida Contract is amended, or
terminated, MORTON shall notify the City within ten (10) days. In the event the Palm Beach
County, Florida 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. MORTON 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 Palm Beach County,
Florida 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:
a • 11 • _ , - Jose Rog _uez, ayor
J. et '. Prainito, MMC, City Clerk ' T Y, o ff
APPROVED A TO ,4 RM:
to
James A. Cherof, City • tto
N , 6.
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MORTON SALT, INC.
WITNSSES:
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_ � l , �� %_ �✓ BY: ---- li
_ PrintN.1 e: Daniel D. .ng
• �t7 Title` l Market i ng Manager
�� ,.n +ustrial /Chemical
ATTEST: BY: . f J
�r i n ame: —
Christoper J. Meyers
f i I �1 `./ `C G N--/ Title: —BIr- actor, Industrial
SECRETARY iM ary E. DoDhan Sales and Marketing
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EXHIBIT A
AGREEMENT BETWEEN PALM BEACH COUNTY AND
MORTON SALT, INC.
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EXHIBIT B
PROPOSAL FROM MORTON SALT, INC.
DATED AUGUST 3, 2011
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