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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: , fka Janet ■ . Prainito, City Clerk