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HomeMy WebLinkAboutR-2025-023 SATCO Agreement for Sulphuric Acid (Deerfield Beach Piggyback)RESOLUTION NO. 2025-023 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT UNDER THE CITY OF DEERFIELD BEACH CONTRACT ITB NO. 2018-19/22, THROUGH THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE PURCHASING GROUP, FOR SULFURIC ACID WITH THE SULPHURIC ACID TRADING COMPANY, INC. VALID THROUGH MAY 31, 2025, AND TO EXCEED THE ANNUAL VENDOR TOTAL AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00); AUTHORIZING SUCH PURCHASES TO BE MADE WITHIN THE RESPECTIVE DEPARTMENTS’ APPROVED ANNUAL BUDGET APPROPRIATIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection (j), authorizes the City Manager to purchase supplies, services, equipment and materials for the City government in amounts in excess of the established monetary threshold without competitive bidding and without advertisement for bids if he is authorized to do so in advance by a resolution adopted by the City Commission; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10, “Monetary thresholds for certain purchases and payment disbursement authorizations”, Subsection (a), sets the monetary threshold at Fifty Thousand Dollars ($50,000.00) for a vendor each fiscal year; and WHEREAS, sulfuric acid is required by the water treatment plant on a daily basis in the processing of raw water via its membrane system; and WHEREAS, the Public Services Department is seeking authorization from the City Commission to utilize the City of Deerfield Beach Contract No. ITB #2018-19/22, through the Southeast Florida Governmental Purchasing Cooperative Group, effective June 1, 2024 through May 31, 2025, with Sulfuric Acid Trading Company, Inc. (“SATCO”) for the purchase of sulfuric acid, which Agreement is attached as Exhibit “A”, and which is made a part of and is incorporated into this Resolution by this reference; authorization is also being requested to exceed the City’s threshold of Fifty Thousand Dollars ($50,000.00) for a single vendor for fiscal year 2024/25. 2 RESOLUTION #2025-022 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the City Commission authorizes the Public Services Department to utilize the City of Deerfield Beach Contract No. ITB #2018-19/22, through the Southeast Florida Governmental Purchasing Cooperative Group, with Sulfuric Acid Trading Company, Inc., for the purchase of sulfuric acid in an amount that exceeds the Fifty Thousand Dollars ($50,000.00) purchase threshold for a single vendor for fiscal year 2024/25. Section 3. That funding for water plant chemicals is planned and appropriated in the Water Fund Water Plant Division Operating Supplies Chemical Account Number 401-33-03-533- 52-40. Section 4. That the City is authorized to use the existing COOP contract through its expiration date of May 31, 2025. Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6. That this Resolution shall be effective 10 days after passage. PASSED AND ADOPTED on February 11, 2025. Motion by Vice Mayor Salvino, second by Commissioner Lewellen. FINAL VOTE ON ADOPTION: Unanimous _X_ Yes No Commissioner Lori Lewellen ____ ____ Commissioner Luis Rimoli ____ ____ Commissioner Archibald J. Ryan IV ____ ____ Vice Mayor Marco Salvino ____ ____ Mayor Joyce L. Davis ____ ____ 3 RESOLUTION #2025-022 ATTEST: ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY 1 AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND SULPHURIC ACID TRADING COMPANY, INC. TO PURCHASE SULFURIC ACID UNDER THE CITY OF DEERFIELD BEACH, FLORIDA, ITB #2018- 19/22, THROUGH THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE GROUP. This is an Agreement (“Agreement”) dated ____________________, 2025, between the City of Dania Beach, Florida, a Florida municipal corporation (“City”), with its principal place of business located at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 and Sulphuric Acid Trading Company, Inc. (“Vendor”), a Florida corporation with an address of 3710 Corporex Park Drive, Suite 205, Tampa, Florida 33619, contact Brent Shonka, email satco@satcoinc.net In consideration of the mutual covenants, terms and conditions contained in this Agreement, and other good and valuable consideration, the adequacy and receipt of which are acknowledged and agreed upon, the parties agree to the following: 1. The current contract issued under ITB #2018-19/22, between the City of Deerfield Beach and the Vendor, a copy of which is attached as Exhibit “A”, and made a part of and is incorporated into this Agreement by this reference, shall be considered a part of this Agreement between the City and the Vendor; provided, however, that if Vendor contracts with any other governmental agency in Florida and service rates are lower tha n those afforded to any entity for such purchases, then Vendor shall provide such lower rates to the City. 2. The current Agreement between the City of Deerfield Beach, through the Southeast Florida Governmental Purchasing Cooperative Group, and the Vendor expires on May 31, 2025. Should the City of Deerfield Beach extend the underlying contract with the Vendor, the City shall also be able to use the extended contract for the duration of the extension. 3. Any reference to the City of Deerfield Beach throughout Exhibit A is replaced with the City of Dania Beach. 4. Notices: Except as provided above, whenever either party desires to give notice to the other, it must be given by written notice, sent by certified U.S. mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified and the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective persons and places for giving of notice: City: Ana M. Garcia, ICMA-CM, City Manager City of Dania Beach, Florida 100 West Dania Beach Boulevard Dania Beach, Florida 33004 With a copy to: Eve A. Boutsis City Attorney City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 2 Vendor: Mr. Brent Shonka, General Manager Sulphuric Acid Trading Company, Inc. 3710 Corporex Park Drive, Suite 205 Tampa, Florida 33619 5. Any insurance policy required pursuant to Exhibit A, would name the City of Dania Beach as additional insured. A copy of the insurance certificate shall be provided to the City of Dania Beach upon execution of this piggyback agreement. 6. That in all other respects, the terms of Exhibit “A” apply to this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO LEGAL FORM AND CORRECTNESS EVE A. BOUTSIS, CITY ATTORNEY ANA M. GARCIA, ICMA-CM CITY MANAGER 3 VENDOR: Sulphuric Acid Trading Company, Inc., WITNESSES: a Florida corporation SIGNATURE SIGNATURE PRINT Name PRINT Name SIGNATURE Title PRINT Name STATE OF FLORIDA COUNTY OF HILLSBOROUGH The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, on , 2025, by Brent Shonka, General Manager, of Sulphuric Acid Trading Company, Inc., a Florida corporation, who is personally known to me or has produced as identification. NOTARY PUBLIC My Commission Expires: State of Florida