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R21-019 1 2 RESOLUTION NO. R21-019 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA,APPROVING THE PIGGY-BACK OF A PALM BEACH 6 COUNTY, FLORIDA CONTRACT SS150985 WITH IXOM 7 WATERCARE,INC., FOR THE PURCHASE OF MIEX DOC RESIN 8 WITH AN ESTIMATED ANNUAL EXPENDITURE OF$330,585.00; 9 AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT 10 WITH IXOM WATERCARE, INC.; AND PROVIDING AN 11 EFFECTIVE DATE. 12 13 WHEREAS, City staff has confirmed that Palm Beach County's procurement 14 process meets or exceeds that of the City of Boynton Beach's requirements; and 15 WHEREAS, upon recommendation of staff, it is the City's desire to piggy-back a 16 Palm Beach County, Florida Contract SS150985 with IXOM Watercare, Inc., for the 17 purchase of MIEX DOC Resin with the same terms, conditions, specifications and pricing 18 with an estimated annual expenditure of$330,585.00 and to authorize the City Manager to 19 sign a piggy-back agreement with IXOM Watercare, Inc. 20 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH,FLORIDA,THAT: 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 23 as being true and correct and are hereby made a specific part of this Resolution upon 24 adoption. 25 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 26 approves the piggy-back of a Palm Beach County,Florida Contract SS 150985 with IXOM 27 Watercare, Inc., for the purpose of MIEX DOC Resin with the same terms, conditions, 28 specifications and pricing with an estimated annual expenditure for the purchase of MIEX 29 DOC Resin of$330,585.00. S:\CA\RESO\Agreements\Piggy-Back(IXOM For MIEX DOC Resinx2021)-Reso.Docx 30 Section 3. The City Manager is hereby authorized to sign a piggy-back 31 Agreement with IXOM Watercare, Inc.,a copy of which is attached hereto as Exhibit"A". 32 Section 4. That this Resolution shall become effective immediately. 33 PASSED AND ADOPTED this V:\ day of January, 2021. 34 CITY OF BOYNTON BEACH,FLORIDA 35 36 YES NO 37 38 Mayor—Steven B. Grant 39 40 Vice Mayor—Ty Penserga 41 42 Commissioner—Justin Katz ✓ 43 44 Commissioner—Woodrow L. Hay ✓ 45 46 Commissioner—Christina L. Romelus ✓ 47 48 VOTE -O 49 ATTEST: 50 51 � i�i/ ��L � 4.J. 52 crL Crystal Gibson, MMC 53 City Clerk 54 55 56 (Corporate Seal) 57 S:\CA\RESO\Agreements\Piggy-Back(IXOM For MIEX DOC Resinx2021)-Reso.Docx AGREEMENT FOR PURCHASING MIEX DOC RESIN '20.41 This Agreement is made as of this ?day of Witrby and between IXOM Watercare,Inc.with a principal address 8150 South Akron Str Suite 401,Centennial,CO 80112 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 purchase MIEX Doc Resin, which is the only resin compatable with the existing IXOM equipment, used within our potable water process system to remove target contaminants,the City's Finance Department is requesting the City enter into an Agreement with IXOM Watercare, Inc.to provide Purchase and Delivery of MIEX Doc Resin;and WHEREAS, IXOM Watercare, Inc. has agreed to allow the City to piggy-back the Palm Beach County, Florida contract pursuant to Contract No. SS 150985 to provide Purchase and Delivery of MIEX Doc Resin in the amount of$$330,585.00 annually based on Contract No. SS150985 for one (1)year term ending December 8, 2021 with the option for renew for four(4) additional twelve(12)month periods; 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 IXOM Watercare, Inc., agree that IXOM Watercare, Inc. shall provide Purchase and Delivery of MIEX Doc Resin in the amount of$330,585.00 annually based Palm Beach County, Florida Contract No SS 150985 for a one(I) year term ending December 8, 2021,a copy of which is attached hereto as Exhibit"A",except as hereinafter provided: A. All references to the Palm Beach County, Florida Contract No SS 150985 shall be deemed as references to the City of Boynton Beach. B. In the event that the Palm Beach County, Florida Contract No SS150985 is amended,or terminated,IXOM Watercare, Inc.shall notify the City within ten(10) days. In the event the All references to the Palm Beach County, Florida Contract No SS150985 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. C. IXOM Watercare,Inc.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 Page 1 IXOM Watmmrc,Inc—Piggyback Agreement The City is public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida's Public Records Law. Specifically,the Vendor 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, Vendor shall destroy all copies of such confidential and exempt records remaining in its possession once the Vendor transfers the records in its possession to the CITY;and D. Upon completion of the contract, Vendor shall transfer to the CITY,at no cost to the CITY,all public records in Vendor's possession All records stored electronically by Vendor 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 VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUES,TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS 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, Vendor certifies that Vendor is not participating in a boycott of Israel. Vendor further certifies that Vendor 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 Vendor 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 Vendor of the City's determination concerning the false certification. Vendor 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, Page 3 IXOM Walarare,Inc.—Piggybacl Agreement 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. D. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. E. In all other aspects, the terms and conditions of the Palm Beach County, Florida Contract No S S 1 50985 are hereby ratified and shall remain in full force and effect under this Contract,as provided by their terms. F All Notices to the City shall be sent to: 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,FL 33308 Telephone: (954) 771-4500 Facsimile: (954)771-4923 Notices to Vendor shall be sent to the following address: Purchase and Delivery of MIEX Doc Resin _ IXOM Watercare,Inc. 8150 S Akron Street, Suite 401 Centennial,OH 80112 Randy.cable( ixom.com 303-768-7341 G. 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. Page 2 IXOM Wataoare.Inc. Piggyback Agreement Vendor 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 Vendor 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/digital signature shall constitute an original signature for all purposes. DATED this yn—day of -. r-\,..--;) -, s , 20 CITY OF BOYNTON BEACH IXOM Watercare,Inc. Lori V�e ere,City Manager Si ature Authorized Official 1-2‘ 47 1. C,9-d t,6 Printed Name of Authorized Official x Attest/Authenticat f ��•+��P�io./ .rt � A 4 Title k ,� - 80YN0 o�' ,.6i ../ii., /W, a i 0 (Corporate Seal) rystal Gibson, Pity ler Approved as to Form: Attest/Authenticated: / / 1C James A.C 'f,City Attorney Witness Page 4 IXOM Walacon,Inc-Piggyback Agreement