R20-051 1 RESOLUTION NO. R20-051
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING THE PIGGY-BACK OF THE PALM BEACH COUNTY
5 SOLE SOURCE SOLICITATION SS150946/CC WITH HACH
6 COMPANY FOR INSTRUMENTATION PRODUCTS, OEM PARTS,
7 PREVENTIVE MAINTENANCE AND REPAIRS WITH THE SAME
8 TERMS, CONDITIONS, SPECIFICATIONS AND PRICING;
O AUTHORIZING THE CITY MANAGER TO SIGN A PIGGY-BACK
t� CONTRACT WITH HACH COMPANY WITH THE MAXIMUM
111 ANTICIPATED ANNUAL EXPENDITURE UNDER THIS
12 CONTRACT EXPECTED TO BE $100,000.00; AND PROVIDING AN
13 EFFECTIVE DATE.
1; WHEREAS, the City of Boynton Beach Water Treatment Plants practice
1 chloramination as part of the water treatment disinfection process; and
1: WHEREAS, this Contract that will allow the Boynton Beach Utilities Department to
1! purchase equipment that will aid with monitoring disinfectant levels on a continuous basis;and
21 WHEREAS, this will also allow providing preventive maintenance services to
2 other Hach equipment that the utility already owns; and
2, WHEREAS, Boynton Beach Utilities will piggyback an existing Palm Beach County
2 contract with.Hach Company for Products and Preventive Maintenance Services on Hach
2, Products; and
2 WHEREAS, the City Commission of the City of Boynton Beach, upon the
2 a recommendation of staff, deems it in the best interest of the citizens and residents of the City
2 of Boynton Beach to approve the piggy-back of the Palm_Beach County, FL Sole Source
2: Solicitation SS 150946/CC with Hach Company for Instrumentation Products, OEM Parts,
2' Preventive Maintenance and Repairs with the same terms, conditions, specifications and
31 pricing and authorize the City Manager to sign a piggy-back contract with Hach Company with
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31 the maximum anticipated annual expenditure under this contract expected to be $100,000.00.
32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
3 3 THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
3 t Section 1.The foregoing "Whereas"clauses are hereby ratified and confirmed as being
3 5 true and correct and are hereby made a specific part of this Resolution upon adoption hereof.
3 5 Section 2. The City Commission of the City of Boynton Beach hereby approves
37 the piggy-back of the Palm Beach County, FL Sole Source Solicitation SS150946/CC with
3 B Hach Company for Instrumentation Products, OEM Parts, Preventive Maintenance and
39 Repairs with the same terms, conditions, specifications and pricing and authorizes the City
4) Manager to sign a piggy-back contract with Hach with the maximum anticipated annual
41 expenditure under this contract expected to be$100,000.00. A copy of the piggy-back Contract
42 is attached hereto as Exhibit"A".
43 Section 3. That this Resolution shall become effective immediately upon passage.
id
44 PASSED AND ADOPTED this at day of June, 2020.
45 CITY OF BOYNTON BEACH,FLORIDA
46 YES NO
47
48 Mayor—Steven B. Grant
49
50 Vice Mayor—Ty Penserga
51
52 Commissioner—Justin Katz ✓
53
54 Commissioner—Woodrow L. Hay
55
56 Commissioner—Christina L. Romelus
5'7
58 VOTE
59 ATTEST: : .
o
61 r:
62 C stal Gibson, MMC
63 City Clerk ." : 1920
64 (Corporate Seal)
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.f`a, PLOY
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INSTRUMENTATION PRODUCTS, OEM PARTS, PREVENTIVE
MAINTENANCE AND REPAIRS CONTRACT
This Agreement is made as of this 1 day of ,2020 by and between
HACH COMPANY,a Foreign profit corporation regis Bred to o business in the State of Florida
with a principal place of business at 5600 Lindberg Drive, Loveland, CO 80538 ("HACH" or
"Vendor"), 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, water treatment is an essential service that the City of Boynton Beach
provides and this will assist with the procurement of equipment and services to monitor compliance
parameters 24 a day,365 days a year;and
WHEREAS,The City of Boynton Beach Water Treatment Plants practice chloramination
as part of the water treatment disinfection process; and
WHEREAS, The request here is to enter into an agreement that will allow the Boynton
Beach Utilities to purchase equipment that will aid with monitoring disinfectant levels on a
continuous basis;and
WHEREAS, HACH,has agreed to allow the City to piggy-back the Palm Beach County,
FL Sole Source Solicitation SS 150946/CC with Hach Company for Instrumentation Products,
OEM Parts, Preventive Maintenance and Repairs with the same terms, conditions, specifications
and pricing the maximum anticipated annual expenditure under this contract is expected to be
$100,000.00.
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 HACH agree that HACH shall provide Instrumentation Products,
OEM Parts, Preventive Maintenance and Repairs with the same terms, conditions, specifications
and pricing based on Palm Beach County,FL contract,a copy of which is attached hereto as Exhibit
"A", with the maximum anticipated annual expenditure under this contract expected to be
$100,000.00,except as hereinafter provided:
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A. All references to Palm Beach County,FL, shall be deemed as references to the City of Boynton
Beach.
B. 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
C. The following terms and conditions are hereby incorporated into the Agreement:
Scrutinized Companies
By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and
F.S.215.473,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 Agreement term,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 Agreement and seek civil remedies pursuant to Section 287.135, Florida
Statutes,as amended from time to time.
D. Records shall be deleted in it's entirety and replaced with the following:
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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:
1) Keep and maintain public records required by the CITY to perform the service;
2) 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;
3) 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 Agreement 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
4) 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.
5) 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:
CITY CLERK
P.O. BOX 310
BOYNTON BEACH, FL, 33425
561-742-6061
CITYCLERK@BBFL.US
Section 3.In the event that the Palm Beach County,FL Contract is amended,or terminated,
HACH shall notify the City within ten (10) days. In the event the Palm Beach County, FL
Agreement is amended or terminated prior to its expiration, this Agreement 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. HACH 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 which contains a
term or condition,including fees,charges or costs,which the City determines to be more favorable
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than the terms in this Contract,the parties shall enter into an Addendum to provide those terms to
the City.
i
Section 5. The insurance required shall require that the Certificate of Insurance name the F
City of Boynton Beach as an additional insured.
Section 6. 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 signature shall constitute an original signature for all
purposes.
Section 7. In all other aspects, the terms and conditions of the Palm Beach County, FL
Contract are hereby ratified and shall remain in full force and effect under this Agreement, 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, FLORIDA
ATTEST:
By: ( 4:N24-c„-� c
7 1
1 i r�i LaVerriere,City Manager
Cry. al Gibson, MMC,City Clerk
APP' IVE0 . TOFO' :
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as ,,,),,c3, „u
Jam s A. Chers City Atto ey '4,,
HACH COMPANY.
WITNESSES:
5-6-e-z-fcc. BY: pine
Roxanna Starika - Project Specialis II Priname: Alyssa PrillTitle: Bid Specialist
A ITEST:
a____ ____/f--; t
i SECRETARY
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EXHIBIT A
CONTRACT BETWEEN PALM BEACH COUNTY,FL
AND HACH COMPANY
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