R20-120 1
1 RESOLUTION NO. R20-120
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING UTILIZING THE
5 CITY OF LAKE WORTH BEACH BID #20-108 WITH
6 SHRIEVE CHEMICAL COMPANY FOR THE
7 PROVISION OF 93% SULFURIC ACID ON AN AS-
8 NEEDED BASIS IN AN ESTIMATED ANNUAL
9 EXPENDITURE NOT TO EXCEED $204,264.00;
10 AUTHORIZING THE CITY MANAGER TO SIGN A
11 CONTRACT WITH SHRIEVE CHEMICAL
12 COMPANY; AND PROVIDING AN EFFECTIVE
13 DATE.
14
15 WHEREAS, in order to maintain a sufficient supply of 93% Sulfuric Acid on an
16 "as needed" basis, the City's Utilities Department is requesting the City enter into an
17 Agreement with Shrieve Chemical Company to provide 93% Sulfuric Acid; and
18 WHEREAS, City staff has confirmed that the City of Lake Worth has complied
19 with Public Contract Bid requirements which equal or exceed the City of Boynton Beach's
20 requirements; and
21 WHEREAS,the City of Lake Worth Beach has agreed to allow the City to piggy-
22 back the City of Lake Worth Beach Agreement pursuant to Bid No. 20-108 to provide 93%
23 Sulfuric Acid on an as-needed basis in the estimated amount not to exceed $204,264.00
24 annually for a one (1) year term commencing October 20, 2020; with the option to renew
25 for three (3)additional one (1)year renewal periods in accordance the City of Lake Worth
26 Beach agreement with Shrieve Chemical Company; and
27 WHEREAS, upon recommendation of staff, it is the City's desire to piggy-back a
28 City of Lake Worth Beach Bid#20-108 with Shrieve Chemical Company for the provision
29 of 93%sulfuric acid on an as-needed basis in an estimated annual expenditure not to exceed
30 $204,264.00.
S:\CA\RESO\Agreements\Piggy-Back(Lake Worth)-Shrieve-Sulfuric Acid(2020)-Reso.docx
31 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF
32 THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
33 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
34 as being true and correct and are hereby made a specific part of this Resolution upon
35 adoption.
36 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
37 approves the piggy-back of a City of Lake Worth Beach Bid#20-108 with Shrieve Chemical
38 Company for the provision of 93% Sulfuric Acid on an as-needed basis in an estimated
39 annual expenditure not to exceed $204,264.00.
40 Section 3. The City Manager is hereby authorized to sign a contract with
41 Shrieve Chemical Company, a copy of which is attached hereto as Exhibit"A".
42 Section 4. That this Resolution shall become effective immediately.
43 PASSED AND ADOPTED this k day of November, 2020
44 CITY OF BOYNTON BEACH, FLORIDA
45 YES NO
46
47 Mayor—Steven B. Grant
48
49 Vice-Mayor—Ty Penserga ✓
50
51 Commissioner—Justin Katz V
52
53 Commissioner—Woodrow L. Hay
54
55 Commissioner—Christina L. Romelus
56
57 VOTE 5-D
58 ATTEST: t w ,
60 ' e-- AGO A r U,r .
61 C stal Gibson, MMC
62 City Clerk ^— ' ' 1 C 0C)
63
64 tt
65 (Corporate Seal) /
S:\CA\RESO\Agreements\Piggy-Back(Lake Worth)-Shrie ul'fi6r Aci(102Or-Reso.docx
AGREEMENT NO. 004-2811-21/R W
BETWEEN
SHRIEVE CHEMICAL COMPANY & THE CITY OF BOYNTON BEACH
FOR
PURCHASING 93% SULFURIC ACID
This Agreement is made as of this 3rd day of November, 2020 by and between Shrieve
Chemical Company with a principal address of 1755 Woodstead Ct., The Woodlands, TX 77380
and THE CITY OF BOYNTON BEACH,a Florida municipal corporation, with a mailing address
of Post Office Box 310, Boynton Beach, FL 33425 (the"City").
RECITALS
WHEREAS, in order to maintain a sufficient supply of 93% Sulfuric Acid on an "as
needed"basis,the City's Finance Department is requesting the City enter into an Agreement with
Shrieve Chemical Company to provide 93% Sulfuric Acid;and
WHEREAS, Shrieve Chemical Company has agreed to allow the City to piggy-back the
City of Lake Worth Beach Agreement pursuant to Bid No. 20-108 to provide 93% Sulfuric Acid
in the estimated amount not to exceed $204,264.00 annually for a one(1) year term commencing
October 20,2020; with the option to renew for three(3)additional one (1)year renewal periods in
accordance the attached Exhibit"A"City of Lake Worth Beach agreement with Shrieve Chemical
Company.
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 SHRIEVE CHEMICAL COMPANY. agree that SHRIEVE
CHEMICAL COMPANY shall provide 93% SULFURIC ACID on an "as needed" basis in the
amount of estimated amount not to exceed$204,264.00 annually based City of Lake Worth Beach
Agreement pursuant to Bid No. 20-108 for a one (1) year term commencing October 20, 2020,
with the option to renew for three (3)additional one (1) year renewal periods, a copy of which is
attached hereto as Exhibit"A",except as hereinafter provided:
A. All references to the City of Lake Worth Beach Agreement pursuant to Bid No. 20-
108 shall be deemed as references to the City of Boynton Beach.
B. All Notices to the City shall be sent to:
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SHRIEVE PIGGYBACK AGREEMENT 004-281 I-21/RW
City: Lori LaVerriere, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach. Florida 33425
Telephone: (561) 742-6010/ Facsimile: (561) 742-6090
Copy : James A. Cherof,City Attorney
Goren. Cherof. Doody & Ezrol. PA.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale. FI. 33308
Telephone: (954) 771-4500
Facsimile: (954) 771-4923
'The following terms and conditions are hereby incorporated into the Agreement:
PUBLIC RECORDS. Sealed documents received by the City in response to an invitation
are exempt from public records disclosure until thirty (30) days after the opening of the Bid
unless the City announces intent to award sooner. in accordance with Florida Statutes 119.07.
The City is public agency subject to Chapter 119, Florida Statutes The Contractor
shall comply with Florida's Public Records Law. Specifically. the Contractor shall
A Keep and maintain public records required by the CITY to perform the service,
B. Upon request from the CITY's custodian of public records. provide the CITY with a copy
of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla
Stat. or as otherwise provided by law,
C. Ensure that public records that are exempt or that are confidential and exempt from
public record disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and. following completion of the contract. Contractor
shall destroy all copies of such confidential and exempt records remaining in its
possession once the Contractor transfers the records in its possession to the CITY. and
D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the
CITY. all public records in Contractor's possession All records stored electronically by
Contractor must be provided to the CITY, upon request from the CITY's custodian of
public records, in a format that is compatible with the information technology systems of
the CITY.
E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
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SHRIEVE PIGGYBACK AGREEMENT(X)4-28I I-2IIRW
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS:
CRYSTAL GIBSON, CITY CLERK
100 E. OCEAN AVE. BOYNTON
BEACH, FLORIDA, 33435
561-742-6061
GIBSONC@BBFL.US
SCRUTINIZED COMPANIES -- 287.135 AND 215.473
By execution of this Agreement, Contractor certifies that Contractor is not participating in
a boycott of Israel Contractor further certifies that Contractor is not on the Scrutinized Companies
that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List. and not on
the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. or has
Contractor been engaged in business operations in Syria Subject to limited exceptions provided
in state law, the City will not contract for the provision of goods or services with any scrutinized
company referred to above. Submitting a false certification shall be deemed a material breach of
contract. The City shall provide notice. in writing, to Contractor of the City's determination
concerning the false certification. Contractor shall have five (5) days from receipt of notice to
refute the false certification allegation. If such false certification is discovered during the active
contract term. Contractor shall have ninety (90) days following receipt of the notice to respond in
writing and demonstrate that the determination of false certification was made in error If
Contractor does not demonstrate that the City's determination of false certification was made in
error then the City shall have the right to terminate the contract and seek civil remedies pursuant
to Section 287 135. Florida Statutes. as amended from time to time.
DISPUTES. Any disputes that arise between the parties with respect to the performance of this
Agreement, which cannot be resolved through negotiations, shall be submitted to a court of
competent jurisdiction in Palm Beach County, Florida This Agreement shall be construed under
Florida Law.
EXECUTION OF THE AGREEMENT. This Agreement will take effect once signed by both parties.
This Agreement may be signed by the parties in counterparts which together shall constitute one
and the same agreement among the parties A facsimile signature shall constitute an original
signature for all purposes.
Section 1. In the event that the City of Lake Worth Beach Agreement pursuant to Bid No.
20-108 is amended, or terminated, SHRIEVE CHEMICAL COMPANY shall notify the City
within ten (10) days. In the event the City of Lake Worth Beach Agreement pursuant to Bid No.
20-108 is amended or terminated prior to its expiration. this Contract shall remain in full force and
effect, and not he deemed amended or terminated. until specifically amended or terminated by the
parties hereto.
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SHRIEVE PI(X Y[3ACK AGREEMENT 004-2811-21/RW
Section 2. The insurance required shall require that the Certificate of Insurance name the
City of Boynton Beach as an additional insured.
Section 3. In all other aspects, the terms and conditions of the City of Lake Worth Beach
Agreement pursuant to Bid No. 20-108 are hereby ratified and shall remain in full force and effect
under this Contract, as provided by their terms.
K
DATED this .4 { day of 0C-101'4.- , 20 20.
CITY OF BOYNTON BEACH SHRIEVE CHEMICAL COMPANY
/AP
a.44
Lon LaVerriere, City Manager Signature of Authorized Official
Cit et' -3ur^-5
PrintedMName of Authorized Official
Attest/Authenticated: l A .ke4'^,'
Title
4‘,./„a (Corporate Seal)
Coystal Gibson, City Clerk
Approved as to Form: Attest/Authenticated:
/ /kw,— kc rutio -1P
(-)C I
James A. Cherof, City Attorney 1 etness
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SHRILVF.PIGGYBACK AGRI.Ii 11 ti"I (KA-2811-21/RA
EXHIBIT A
AGREEMENT
BETWEEN CITY OF LAKE WORTH BEACH
AND
SHRIEVE CHEMICAL COMPANY
PURSUINT TO BID NO.20-108
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SHRIEVE PIGGYBACK AGREEMENT 004-2811-21/RW