R21-019 1
2 RESOLUTION NO. R21-019
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
5 FLORIDA,APPROVING THE PIGGY-BACK OF A PALM BEACH
6 COUNTY, FLORIDA CONTRACT SS150985 WITH IXOM
7 WATERCARE,INC., FOR THE PURCHASE OF MIEX DOC RESIN
8 WITH AN ESTIMATED ANNUAL EXPENDITURE OF$330,585.00;
9 AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT
10 WITH IXOM WATERCARE, INC.; AND PROVIDING AN
11 EFFECTIVE DATE.
12
13 WHEREAS, City staff has confirmed that Palm Beach County's procurement
14 process meets or exceeds that of the City of Boynton Beach's requirements; and
15 WHEREAS, upon recommendation of staff, it is the City's desire to piggy-back a
16 Palm Beach County, Florida Contract SS150985 with IXOM Watercare, Inc., for the
17 purchase of MIEX DOC Resin with the same terms, conditions, specifications and pricing
18 with an estimated annual expenditure of$330,585.00 and to authorize the City Manager to
19 sign a piggy-back agreement with IXOM Watercare, Inc.
20 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
23 as being true and correct and are hereby made a specific part of this Resolution upon
24 adoption.
25 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
26 approves the piggy-back of a Palm Beach County,Florida Contract SS 150985 with IXOM
27 Watercare, Inc., for the purpose of MIEX DOC Resin with the same terms, conditions,
28 specifications and pricing with an estimated annual expenditure for the purchase of MIEX
29 DOC Resin of$330,585.00.
S:\CA\RESO\Agreements\Piggy-Back(IXOM For MIEX DOC Resinx2021)-Reso.Docx
30 Section 3. The City Manager is hereby authorized to sign a piggy-back
31 Agreement with IXOM Watercare, Inc.,a copy of which is attached hereto as Exhibit"A".
32 Section 4. That this Resolution shall become effective immediately.
33 PASSED AND ADOPTED this V:\ day of January, 2021.
34 CITY OF BOYNTON BEACH,FLORIDA
35
36 YES NO
37
38 Mayor—Steven B. Grant
39
40 Vice Mayor—Ty Penserga
41
42 Commissioner—Justin Katz ✓
43
44 Commissioner—Woodrow L. Hay ✓
45
46 Commissioner—Christina L. Romelus ✓
47
48 VOTE -O
49 ATTEST:
50
51 � i�i/ ��L � 4.J.
52 crL Crystal Gibson, MMC
53 City Clerk
54
55
56 (Corporate Seal)
57
S:\CA\RESO\Agreements\Piggy-Back(IXOM For MIEX DOC Resinx2021)-Reso.Docx
AGREEMENT FOR PURCHASING MIEX DOC RESIN
'20.41
This Agreement is made as of this ?day of Witrby and between IXOM
Watercare,Inc.with a principal address 8150 South Akron Str Suite 401,Centennial,CO 80112
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 purchase MIEX Doc Resin, which is the only resin compatable with the
existing IXOM equipment, used within our potable water process system to remove target
contaminants,the City's Finance Department is requesting the City enter into an Agreement with
IXOM Watercare, Inc.to provide Purchase and Delivery of MIEX Doc Resin;and
WHEREAS, IXOM Watercare, Inc. has agreed to allow the City to piggy-back the Palm
Beach County, Florida contract pursuant to Contract No. SS 150985 to provide Purchase and
Delivery of MIEX Doc Resin in the amount of$$330,585.00 annually based on Contract No.
SS150985 for one (1)year term ending December 8, 2021 with the option for renew for four(4)
additional twelve(12)month periods; 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 IXOM Watercare, Inc., agree that IXOM Watercare, Inc. shall
provide Purchase and Delivery of MIEX Doc Resin in the amount of$330,585.00 annually based
Palm Beach County, Florida Contract No SS 150985 for a one(I) year term ending December 8,
2021,a copy of which is attached hereto as Exhibit"A",except as hereinafter provided:
A. All references to the Palm Beach County, Florida Contract No SS 150985 shall be
deemed as references to the City of Boynton Beach.
B. In the event that the Palm Beach County, Florida Contract No SS150985 is
amended,or terminated,IXOM Watercare, Inc.shall notify the City within ten(10)
days. In the event the All references to the Palm Beach County, Florida Contract
No SS150985 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. IXOM Watercare,Inc.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
Page 1
IXOM Watmmrc,Inc—Piggyback Agreement
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:
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, 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
D. 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.
E. 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:
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, 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 contract term,
Page 3
IXOM Walarare,Inc.—Piggybacl Agreement
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 Palm Beach County, Florida
Contract No S S 1 50985 are hereby ratified and shall remain in full force and effect
under this Contract,as 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:
Purchase and Delivery of MIEX Doc Resin _
IXOM Watercare,Inc.
8150 S Akron Street, Suite 401
Centennial,OH 80112
Randy.cable( ixom.com
303-768-7341
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.
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IXOM Wataoare.Inc. Piggyback Agreement
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 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 yn—day of -. r-\,..--;) -, s
, 20
CITY OF BOYNTON BEACH IXOM Watercare,Inc.
Lori V�e ere,City Manager Si ature Authorized Official
1-2‘ 47 1. C,9-d t,6
Printed Name of Authorized Official
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Attest/Authenticat f ��•+��P�io./ .rt
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,.6i ../ii., /W, a i 0 (Corporate Seal)
rystal Gibson, Pity ler
Approved as to Form: Attest/Authenticated:
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1C
James A.C 'f,City Attorney Witness
Page 4
IXOM Walacon,Inc-Piggyback Agreement