R13-055 II
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RESOLUTION NO. R13 -055
A RESOLUTION OF THE CITY COMMISSION OF
$ THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING THE PIGGY - BACKING OF A
CONTRACT BETWEEN THE UNITED STATES
8 COAST GUARD AND CLEAN HARBORS
1 19 ENVIRONMENTAL SERVICES, INC., FOR VARIOUS
10 SERVICES THAT MAY BE NEEDED IN THE EVENT
1,1 OF A MAJOR WEATHER EVENT, DISASTER OR
. LARGE UTILITY SYSTEM FAILURE FOR A TERM
lit OF ONE (1) YEAR COMMENCING JULY 1, 2013;
14 AUTHORIZING THE CITY MANAGER TO EXECUTE
11 A CONTRACT BETWEEN THE CITY OF BOYNTON
1! BEACH AND CLEAN HARBORS ENVIRONMENTAL
SERVICES, INC.; PROVIDING AN EFFECTIVE
1 DATE.
6 WHEREAS, on June 15, 2010, the City Commission approved a two year
2 ) Agreement with Clean Harbors Environmental Services, Inc., for emergency response
support, based on the piggy- backing of a United States Coast Guard Basic Ordering
,
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$ Agreement HSCB84- 09- A- 100113; and
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WHEREAS, City staff recommends entering into a one (1) year Agreement with
4 Clean Harbors Environmental Services, Inc., based on the prices, terms and conditions of
6 the previous Agreement, for emergency response in the even of a major wastewater spill, or
i 7 other environmental clean -up; and
li NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
1 Section 1. Each Whereas clause set forth above is true and correct and
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incorporated herein by this reference.
4 Section 2. The City Commission hereby approves the piggy- backing of a United
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1 States Coast Guard Contract with Clean Harbor Environmental Services, Inc., for a one (1)
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1 1 year period effective July 1, 2013 for various services that may be needed for disaster
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1 3 recovery on an as needed basis.
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1 4 Section 3. The City Commission of the City of Boynton Beach hereby
15 authorizes the City Manager to execute an Agreement between the City of Boynton Beach
and Clean Harbor Environmental Services, Inc., a copy of which is attached hereto as
17 Exhibit "A ".
I� Section 4. That this Resolution shall become effective immediately.
Ii PASSED AND ADOPTED this 2 day of July, 2013.
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111 CITY OF BOYNTON BEACH, FLORIDA
;,_ 1\i2yor Je 4a r
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1 , Vice Mayor — Woodrow L. Hay
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Commissions — D vid T. Merker
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2 i mmis 'oner Michael 4itzpatrick
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C mmissioner — Joe Casello
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R 13 -055
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND
CLEAN HARBORS ENVIRONMENTAL SERVICES, INC.
THIS IS AN AGREEMENT, dated this day of , 2013, 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, 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 -09 -A- 100113; 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 Basic Ordering Agreement ( "U.S.C.G. Agreement ") 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 Agreement
being attached hereto and made part hereof as Exhibit "A "; and
WHEREAS, the City has reviewed the scope of services of the competitively bid
U.S.C.G. Agreement, 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, the City has reviewed procurement process used by the United States Coast
Guard for the U.S.C.G. Agreement and find its process acceptable; and
WHEREAS, Contractor has agreed to honor the prices and terms and conditions of the
U.S.C.G. Agreement in performing said Services for the City as evidenced in a letter dated May
21, 2013, a copy of which is attached hereto and made a part hereof as Exhibit `B "; and
WHEREAS, City desires to retain the services of Contractor based on the U.S.C.G.
Agreement; 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. Agreement referenced - above. The prices, terms and conditions of this U.S.C.G.
Agreement 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. Agreement 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. Agreement utilizing the prices set forth in Exhibit "A."
D. As discussed in Part I, Section F.1. of the U.S.C.G. Agreement, term period of this
Agreement shall commence July 1, 2013 and terminate one (1) year from that date.
The remainder of this section of the U.S.C.G. Agreement 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.
Agreement 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. Agreement.
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. Agreement,
are hereby ratified and shall remain in full force and effect under this "piggybacking"
arrangement, as provided by their terms.
EXHIBIT "A"
AGREEMENT BETWEEN UNITED STATES COAST GUARD AND CLEAN HARBORS
ENVIRONMENTAL SERVICES, INC.
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