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
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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
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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
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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
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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
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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
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