Loading...
R21-016 1 2 RESOLUTION NO.R21-016 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING THE PIGGY-BACK OF A ST. JOHNS 6 COUNTY BID NO. 16-54 WITH SHANNON CHEMICAL 7 CORPORATION FOR THE PURCHASE OF POLYPHOSPHATE 8 CORROSION INHIBITOR WITH AN ESTIMATED ANNUAL 9 EXPENDITURE OF $40,000.00; AUTHORIZING THE CITY 10 MANAGER TO SIGN A CONTRACT WITH SHANNON 11 CHEMICAL CORPORATION; AND PROVIDING AN EFFECTIVE 12 DATE. 13 14 WHEREAS,City staff has confirmed that St.Johns County's procurement process 15 meets or exceeds that of the City of Boynton Beach's requirements; and 16 WHEREAS, the Utility Department utilizes a corrosion inhibitor to prevent 17 problems in the water distribution system pipework,in particular with both lead and copper; 18 and 19 WHEREAS,a small quantity of corrosion inhibitor is added to the water to provide 20 a protective coating preventing leaching of these metals into the water supply; and 21 WHEREAS, upon recommendation of staff, it is the City's desire to piggy-back a 22 St. Johns County, Florida Bid No. 16-54 with Shannon Chemical Company, for the 23 purchase of Polyphosphate Corrosion Inhibitor with the same terms, conditions, 24 specifications and pricing with an estimated annual expenditure of $40,000.00 and to 25 authorize the City Manager to sign a piggy-back agreement with Shannon Chemical 26 Company. 27 NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH,FLORIDA,THAT: 29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 30 as being true and correct and are hereby made a specific part of this Resolution upon S:\CA\RESO\Agreements\Piggy-Back With Shannon Chemical For(Polyphosphate Corrosion Inhibitor)-Reso.Docx 31 adoption. 32 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 33 approves the piggy-back of a St. Johns County, Florida Bid No. 16-54 with Shannon 34 Chemical Company, for the purchase of Polyphosphate Corrosion Inhibitor with the same 35 terms, conditions, specifications and pricing with an estimated annual expenditure of 36 $40,000.00. 37 Section 3. The City Manager is hereby authorized to sign a piggy-back 38 Agreement with Shannon Chemical Company,a copy of which is attached hereto as Exhibit 39 "A". 40 Section 4. That this Resolution shall become effective immediately. 41 PASSED AND ADOPTED this \'. day of January,2021. 42 CITY OF BOYNTON BEACH, FLORIDA 43 44 YES NO 45 46 Mayor—Steven B. Grant ✓ 47 48 Vice Mayor—Ty Penserga 49 50 Commissioner—Justin Katz ✓ 51 52 Commissioner—Woodrow L. Hay ✓ 53 54 Commissioner—Christina L. Romelus 1� 55 56 VOTE rj-0 57 ATTEST: 58 � 59 .//i //A / �� .%i . O 60 lot...Crystal Gibson, C 61 City Clerk 62 63 64 (Corporate Seal) 65 S:\CA\RESO\Agreements\Piggy-Back With Shannon Chemical For(Polyphosphate Corrosion Inhibitor)-Reso.Docx c-9\ ai - oto AGREEMENT NO. 012-2811-21/RW BETWEEN CITY OF BOYNTON BEACH AND SHANNON CHEMICAL CORP. FOR PURCHASING POLYPHOSPHATE CORROSION INHIBITOR This Agreement is made as of this 19th day of January, 2021 by and between Shannon Chemical Corporation with a mailing address of P.O.Box 376,Malvern,PA 19355 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, in order to provide Water & Waste Water Chemicals to Boynton Beach Utilities, the City's Finance Department is requesting the City enter into an Agreement with Shannon Chemical Corporation to provide Water&Waste Water Chemicals; and WHEREAS, Shannon Chemical Corporation has agreed to allow the City to piggy-back the St. John's Bid No: 16-54 -Water&Waste Water Treatment Chemicals Master Contract No. 17-MCC-HAW-07814 to provide Polyphosphate Corrosion Inhibitor in the estimated amount of $40,000.00 annually for a term commencing January 19,2021 through January 31,2022; and 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 Shannon Chemical Corporation. agree that Shannon Chemical Corporation shall provide Polyphosphate Corrosion Inhibitor in the amount of$5.71 per gallon for a total estimated amount of$40,000.00 annually based the St. John's Bid No: 16-54 - Water & Waste Water Treatment Chemicals Master Contract No. 17-MCC-HAW-07814 for a term commencing January 19,2021 through January 31, 2022, a copy of which is attached hereto as Exhibit"A", except as hereinafter provided: A. All references to the St. John's Bid No: 16-54 - Water&Waste Water Treatment Chemicals Master Contract No. 17-MCC-HAW-07814 shall be deemed as references to the City of Boynton Beach. B. In the event that the St. John's Bid No: 16-54 - Water & Waste Water Treatment Chemicals Master Contract No. 17-MCC-HAW-07814 is amended, or terminated, Shannon Chemical Corporation shall notify the City within ten (10) days. In the Page 1 SHANNON CHEMICAL AGREEMENT#012-2811-21/RW event the St. John's Bid No: 16-54- Water &Waste Water Treatment Chemicals Master Contract No. 17-MCC-HAW-07814 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. C. Shannon Chemical Corporation 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 than the terms in this Contract,the parties shall enter into an Addendum to provide those terms to the City. D. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. E. In all other aspects,the terms and conditions of the St.John's Bid No: 16-54-Water &Waste Water Treatment Chemicals Master Contract No. 17-MCC-HAW-07814 are hereby ratified and shall remain in full force and effect under this Contract, as 1 provided by their terms. F. 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 Notices to Vendor shall be sent to the following address: Danial C. Flynn Shannon Chemical Corporation P.O. Box 376 Malvern,PA 19355 Email: dcflynn@shannonchem.com Phone:610-363-9090 Page 2 SHANNON CHEMICAL AGREEMENT#012-2811-21/RW G. The following terms and conditions are hereby incorporated into the Agreement: PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. 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; C. 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 contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor 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. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 E. OCEAN AVE. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 GIBSONC@BBFL.US SCRUTINIZED COMPANIES --287,135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor 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 Page 3 SHANNON CHEMICAL AGREEMENT#012-28 I I-21/RW Contractor 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 Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor 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 Contractor 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 contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. EXECUTION OF THE AGREEMENT.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/digital signature shall constitute an original signature for all purposes. DATED this day of r\LA.. , 20k1 CITY OF BOYNTON BEACH SHANNON CHEMICAL CORPORATION OY:2 jad .6( Lori LaVerriere, City Manager ature of Authorized Official fnie,1 0. flyr , Pr d Name of Authorized Official Attest/Authenticated: PSS,ne'ir- BOY 'itle Q_ (Corporate Seal) r. C7L- rY ta�son ity Clerk V Approved as to Form: Attest/Authenticated: .as t James A. Cherof, City Attorney Witness Page 4 SHANNON CHEMICAL AGREEMENT#012-2811-21/RW