R10-077
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2 RESOLUTION NO. R-10 ,-0 '17
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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
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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.
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6 PASSED AND ADOPTED this ~ day of June, 2010.
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8 CITY OF BOYNTON BEACH, FLORIDA
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24 ATTEST:
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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.
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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.
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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.
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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
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EXHIBIT "A"
AGREEMENT BETWEEN UNITED STATES COAST GUARD AND CLEAN HARBORS
ENVIRONMENTAL SERVICES, INC.
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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
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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
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S:\CC\ WP\AFTER COMMISSION\Departmental Transmittals\20 I O\Tim Howard RIO-077.doc
America's Gateway to the Gulfstream