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R10-077 II r 1 2 RESOLUTION NO. R-10 ,-0 '17 3 4 A RESOLUTION OF THE CITY COMMISSION OF 5 THE CITY OF BOYNTON BEACH, FLORIDA, 6 APPROVING THE PIGGY-BACKING OF A 7 CONTRACT BETWEEN THE UNITED STATES 8 COAST GUARD AND CLEAN HARBORS 9 ENVIRONMENT AL SERVICES, INC., FOR VARIOUS 10 SERVICES THAT MAYBE NEEDED IN THE EVENT 11 OF A MAJOR WEATHER EVENT, DISASTER OR 12 LARGE UTILITY SYSTEM FAILURE EXPIRING ON 13 JUNE 30, 2012; AUTHORIZING THE CITY MANAGER 14 TO EXECUTE A CONTRACT BETWEEN THE CITY 15 OF BOYNTON BEACH AND CLEAN HARBORS 16 ENVIRONMENT AL SERVICES, INC.; PROVIDING 17 AN EFFECTIVE DATE. 18 19 WHEREAS, the City would like to utilize this contract agreement between the 20 United States Coast Guard and Clean Harbors Environment Services, Inc., for emergency 21 response in the even of a major wastewater spill, or other environmental clean-up, including 22 that resulting from oil spills; and 23 WHEREAS, Clean Harbors would assist the Utility Department with manpower, 24 equipment and resources to help minimize any emergency. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission hereby approves the piggy-backing of a United States Coast Guard Contract with Clean Harbor Environmental Services, Inc., for a two (2) year period ending June 30, 2012, for various services that may be needed for disaster recovery on an as needed basis. S:\CA\RESOlAgreements\Reso - Piggy-backing USCG with Clean Harbors (2010).doc 11 , 111 Section 3. The City Commission of the City of Boynton Beach hereby 2 authorizes the City Manager to execute a Contract between the City of Boynton Beach and 3 Clean Harbor Environmental Services, Inc., a copy of which is attached hereto as Exhibit 4 "A", 5 Section 4. That this Resolution shall become effective immediately. +h 6 PASSED AND ADOPTED this ~ day of June, 2010. 7 8 CITY OF BOYNTON BEACH, FLORIDA 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ATTEST: 25 ~ 26 . 2 2 2 3 31 S:\CA\RESOlAgreements\Reso - Piggy-backing USCG with Clean Harbors (2010).doc !lIo-o 77 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CLEAN HARBORS ENVIRONMENTAL SERVICES. INC. rd THIS IS AN AGREEMENT, dated this ~ day of '7S l ^- ~LA , 2010, 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 and its local address as 11221 Interchange Circle South, Miramar, FL 33025, 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-loo113; 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, andlor 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 26, 2010, 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.l. of the U.S.C.G. Agreement, term period of this Agreement shall commence on the date this Agreement is executed by the City and terminate on June 30, 2012. 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. Agreemel}t. 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. IN WITNESS OF THE FOREGOING, the parties have hereunto set their hands and seals on the dates written below. I CITY OF B070N BEACH BY: ~ KURT BRESSNER CITY MANAGER A nEST: BY: '1n . H.' Approved as to form: BY:~~~~ , James A. C of,. i ey WITNESSED BY: CLEAN HARBORS ENVIRONMENT AL SERVICES, INC. 2{~~ ByjtJtlL~~---/ t01 t I.tc.l\jlA T- G 'Ccrl ~ &6j {U/\ \-rver J4{,(,~lI\\Y1~t-rCv't4/ \j \ LL PVt'\ /CUiA_r- ST ATE OF .J..)JJ 5S0.CWOz \f-J COUNTY OF P (y VIII (t,.{ ~ The foregoing Aflreem~nt was acknowledged before me this \ <;,'t day of J (). t i , 2010, by /.AJlllltUo/\ f Ot'~1I\M" vice-President of CLEAN HARBORS ENVIRONMENTAL SERVICES, iNC., who is personally known to me, and who has affmned that he/she has been duly authorized to execute the above doc~ept on behalf of the corporation. (i ~ nrY\.... NOTARY'SSEAL:- ~ Qj~ \~ NOTARY PUBLIC Name of Acknowledger, typed, printed, or Stamped ~ COLEEN O'DONN~LL ROBBIE W~lh ~COMMONW~~~n.'.~~~~~SACHusms ~ t My Commission Expires May 3. 2013 - EXHIBIT "A" AGREEMENT BETWEEN UNITED STATES COAST GUARD AND CLEAN HARBORS ENVIRONMENTAL SERVICES, INC. 11 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 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: June 16, 2010 SUBJECT: Ri0-077 Agreement Between The City of Boynton Beach and Clean Harbors Environmental Services, Inc. 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. ~ 1n. p~ Attachments (2) (Agreement & Resolution) C: Central File \ S:\CC\ WP\AFTER COMMISSION\Departmental Transmittals\20 IO\Carol Doppler R I o-on.doc America's Gateway to the Gulfstream 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: Tim Howard Finance FROM: Janet M. Prainito, MMC City Clerk DATE: July 27, 2010 SUBJECT: Rl0-077 Agreement Between The City of Boynton Beach and Clean Harbors Environmental Services, Inc. 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.!lo~ Attachments (1) (Agreement) C: Central File \ S:\CC\ WP\AFTER COMMISSION\Departmental Transmittals\20 I O\Tim Howard RIO-077.doc America's Gateway to the Gulfstream