R15-118 1
RESOLUTION NO. R15 -118
3
4 A RESOLUTION OF THE CITY OF BOYNTON
5 BEACH, FLORIDA, APPROVING THE PIGGY -BACK
3 OF A CITY OF CAPE CORAL BID #UT15 -52 /CH
7 WITH SHRIEVE CHEMICAL COMPANY FOR THE
3 PROVISION OF SULFURIC ACID FOR AN
3 ESTIMATED ANNUAL EXPENDITURE OF
1) $125,000.00; AUTHORIZING THE CITY MANAGER
11 TO SIGN A CONTRACT WITH SHRIEVE
12 CHEMICAL COMPANY; AND PROVIDING AN
13 EFFECTIVE DATE.
14
15 WHEREAS, City staff has confirmed that the City of Cape Coral has complied
13 with Public Contract Bid requirements which equal or exceed the City of Boynton Beach's
1 ' requirements; and
13 WHEREAS, upon recommendation of staff, it is the City's desire to piggy -back a
1.) City of Cape Coral Bid #UT15 -52 /CH with Shrieve Chemical Company for the provision
2) of sulfuric acid in an estimated annual expenditure of $125,000.00.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
24 as being true and correct and are hereby made a specific part of this Resolution upon
2b adoption.
26 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
27 approves the piggy -back of a City of Cape Coral Bid #UT15 -52 /CH with Shrieve
28 Chemical Company for the provision of Sulfuric Acid in an estimated annual expenditure
29 of $125,000.
30 Section 3. The City manager is hereby authorized to sign a contract with
S: \CC\WP\Resolutions\2015\R 15 -118 - Piggy B ack_( Cape_ Coral)_-_ Shrieve_- _Sulfuric_Acid_(2015)_- _Reso.doc
3 Shrieve Chemical Company, a copy of which is attached hereto as Exhibit "A ".
3 • Section 4. That this Resolution shall become effective immediately.
3 i PASSED AND ADOPTED this 15 day September, tember 2015.
P
3!
3P
36 CITY OF BOYNTON BEACH, FLORIDA
37
313 YES NO
39
4p Mayor — Jerry Taylor . 7
41
4 Vice Mayor — Joe Casello ✓
43
44 Commissioner — David T. Merker
45
4 Commissioner — Mack McCray ✓
4'
4 Commissioner — Michael M. Fitzpatrick
48
50
51 VOTE 4
5
5 ATTEST:
54
5
5 Jan; M. Prainito, MMC
5 Clerk
5$ G ` y ,Q�
61
6 (1 .o . eal)
6 I
0
o Ft,
S: \CC \WP\Resolutions\2015\R15 -118 -Piggy-Back jCape_Coral)_-_Shrieve_- _Sulfuric Acid_(2015)_- _Reso.doc
R15 -118
CONTRACT FOR THE PURCHASE OF SULFURIC ACID
This Contract is made as of this day of , 2015 by and between
SHRIEVE CHEMICAL COMPANY, a Texas Corporation, with offices at 236 McLean Point
Court, Winter Haven, FL 33884 (SHRIEVE), and the CITY OF BOYNTON BEACH, a Florida
municipal corporation with an address at 100 E. Boynton Beach Blvd., Boynton Beach, FL
33435 (the City).
RECITALS
WHEREAS, sulfuric acid is critical to the water treatment process as it lowers the pH of
the feed water to prevent minerals from forming a hard scale on the membranes during the
treatment process. A build -up of scale on membranes decreases the output from the water
treatment plants.
WHEREAS, SHRIEVE has agreed to allow the City to piggy -back the City of Cape Coral
Contract No. CON- UT15 -52 /CH based on the Bid for Sulfuric Acid for Utilities due on June 17,
2015, for the per ton price of $107.75, with an added freight surcharge of $14.72 per ton. Under
this contract, price adjustments are allowed to the Sulfuric Acid unit price in the form of a Sulfur
Surcharge and shall be based on the quarterly change (up or down) to the Green Markets
Tampa Contract Sulfur Posted Average. For each $1.00 change, sulfuric acid unit price shall be
increased or decreased by $0.30.
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 follow:
AGREEMENT
Section 1: The foregoing recitals are true and correct and are hereby incorporated in
this Agreement.
Section 2: The City and SHRIEVE agree that SHRIEVE shall supply Sulfuric Acid to
the City per the City of Cape Coral, FL Contract CON- UT15- 52 /CH, a copy of which is attached
hereto as Exhibit `A', for the term September 9, 2015 through September 8, 2018, except as
hereinafter provided:
A. All references to City of Cape Coral, Florida shall be deemed as references to
the City of Boynton Beach.
B. No. 12, Governing Law; shall be accepted as Palm Beach County, Florida.
C. All Notices to the City shall be sent to:
City: Lori LaVerriere, City Manager
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
Telephone: (561) 742 -6010
R15 -118
II
Copy: James A. Cherof, City Attorney
Goren, Cherof, Doody & Ezrol, P.A.
3099 E. Commercial Blvd., Suite 200
Ft. Lauderdale, FL 33308
Telephone: (954) 771 -4500
Section 3. In the event that the City of Cape Coral, Florida Contract is amended, or
terminated, SHRIEVE shall notify the City within ten (10) days. In the event the City of Cape
Coral, Florida Contract 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.
Section 4. SHRIEVE agrees that in the event it enters into a Contract for the same
commodity with another local government in Florida 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.
Section 5. The insurance required for the Contract shall require that the Certificate of
Insurance name the City of Boynton Beach as an additional insured.
Section 6. In all other aspects, the terms and conditions of the City of Cape Coral,
FL Contract are hereby ratified and shall remain in full force and effect under this Contract as
provided by their terms.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first written above.
CITY OF BOYNTON BEACH SHRIEVE CHEMICAL COMPANY
Ah FYI
h�. C� Cpl
Lori LaV- re, City Manager - e
Print Name: I/ () kV o
Print Title: /'ki /ictiny I1snc' 2-
APPROVED A' O FORM: J LAI C'Y
James A. herof,' Attorney
ATTEST:
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Janet ■ . Prainito, City Clerk