Loading...
HomeMy WebLinkAboutDocumentation_Regular_Tab 04_1/9/2020Agenda Item #4. Regular Council STAFF MEMO Meeting: Regular Council - Jan 09 2020 Staff Contact: Matthew Hammond Department: Utilities ITUOUR Authorize Purchase Agreement and Purchase Order with Odyssey Manufacturing Company for Purchase of 50% Sodium Hydroxide SUMMARY: Utilities Department has the need to purchase 50% liquid sodium hydroxide throughout the year for use in the water treatment process. Sodium hydroxide is used to adjust the pH of treated water and to remove hydrogen sulfide from the water in the aeration towers. The Village anticipates the need to order approximately 100 Dry Tons (30,000 gallons) as needed during Fiscal Year 19/20. To ensure the lowest possible price, the Village issued a Notice of Solicitation to solicit quotes for the purchase of 50% liquid sodium hydroxide [RFQ# UTIL 04-19]. Beginning on November 21, 2020, quotes were received from qualified vendors until December 5, 2020 at 5.00 PM. As a result of the solicitation, the following three (3) quotes were received: Vendor Quote Allied Universal $570.35/dry ton Brenntag Mid -South Inc. $574.00/dry ton Odyssey Manufacturing Company $570.00/dry ton After review of the three (3) quotes received, the Utilities Director and Water Plant Superintendent determined that Odyssey Manufacturing Company provided the lowest quote that meets the needs of the Village. As a result, staff is requesting the Council to authorize a purchase agreement with Odyssey Manufacturing Company and an associate purchase order for $50,000 for the purchase of 50% liquid sodium hydroxide during FY 19/20. BUDGETED AMOUNT: AVAILABLE AMOUNT: EXPENDITURE AMOUNT: $196,000.00 $98,776.74 $50,000.00 Additional Budgetary Information: Funding Source(s): 401-242-552.342 Authorize a purchase agreement with Odyssey Manufacturing Company and an associated purchase order for $50,000 for the purchase of 50% liquid sodium hydroxide. 2019.12.19.MEMO. Recommendation of Award.UTIL 04-19.ada Page 69 of 686 Agenda Item #4. Proposed Agreement - 50% Sodium Hydroxide - Odyssey.ada Page 70 of 686 Agenda Item #4. To: From: CC: Date: Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469 Jeremy Allen — Village Manager Nate Litteral — Water Plant Superintendent Lori McWilliams — Village Clerk Matthew Hammond — Utilities Director December 19, 2019 RFQ UTIL 04-19 - 50% Sodium Hydroxide Annual Purchase Recommendation of Award 561-768-0700 www.tequesta.org On November 21, 2019 a Notice of Solicitation for the annual purchase of 50% sodium hydroxide was posted to the Village website and Demandstar. Quotes were received from qualified vendors until December 5, 2019 at 5:00 PM. During this time three quotes were received from Allied Universal; Brenntag Mid -South, Inc.; and Odyssey Manufacturing Company ranging from $570.00 to $574.00 per dry ton. Each quote was reviewed by Utilities staff for adequacy and the tabulation of quotes is below: Vendor Quote Allied Universal $570.35/dry ton Brennta Mid -South Inc. $574.00/dry ton Odyssey Manufacturing Company $570.00/dry ton The lowest quote was received from Odyssey Manufacturing Company in the amount of $570.00 per dry ton. All of the vendors who submitted appeared to be qualified and capable of supplying 50% liquid sodium hydroxide in the time frame and quantities required by the Village. As a result, Utilities staff recommends awarding the annual purchase of 50% sodium hydroxide to Odyssey Manufacturing Company for $570.00 per dry ton. Vice -Mayor Kristi Johnson Mayor Abby Brennan Council Member Laurie Brandon Council Member Vince Arena Council Member Kyle Stone Village Manager Jeremy Allen Page 71 of 686 Agenda Item #4. VILLAGE OF TEQUESTA AGREEMENT FOR PURCHASE OF SODIUM HYDROXIDE THIS AGREEMENT FOR PURCHASE OF SODIUM HYDROXIDE is entered into and effective this day of January, 2020 (the "Effective Date"), by and between the VILLAGE OF TEQUESTA, a Florida municipal corporation with offices located at 345 Tequesta Drive, Tequesta, Florida 33469-0273, organized and existing in accordance with the laws of the State of Florida, hereinafter the "Village"; and ODYSSEY MANUFACTURING COMPANY, a Florida corporation with offices located at 1484 Massaro Blvd., Tampa, Florida 33619, hereinafter the "Contractor" and collectively with the Village, the "Parties". WITNESSETH The Village and the Contractor, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both Parties, hereby agree as follows: 1. SCOPE OF SERVICES: The Parties hereby agree to enter into this Agreement whereby the Contractor shall provide up to 100 dry tons of 50% food grade (NSF Approved) liquid sodium hydroxide annually for use in the Village's potable water treatment process. The Parties agree to enter into this Agreement pursuant to the Village's Notice of Solicitation for RFQ # UTIL, 04-19, which is hereby fully incorporated into this Agreement and attached hereto as Exhibit "A". 2. COMPENSATION: In consideration for the above Scope of Services, pricing shall be five hundred seventy dollars ($570.00) per dry ton of 50% sodium hydroxide, pursuant to the Contractor's quote provided in the Contractor's December 4, 2019 correspondence with the Village, attached hereto as Exhibit "B". 3. TERM, TERMINATION, NOTICE: This Agreement shall be effective for a term that commences on the Effective Date and terminates on October 1, 2020. In addition, this Agreement may be renewed for two (2) additional one-year terms with the consent of both Parties, as detailed in Exhibit "B". This Agreement may be terminated by either party upon thirty (30) days written notice to the other party. Notice shall be considered sufficient when sent by certified mail or hand delivered to the Parties during regular business hours at the following addresses: Page 1 of 5 Page 72 of 686 Agenda Item #4. Village Contractor Village of Tequesta Odyssey Manufacturing Co. 345 Tequesta Drive 1484 Massaro Blvd. Tequesta, FL 33469-0273 Tampa, Florida 33619 Attn: Matthew Hammond, Attn: Patrick H. Allman, Utilities Director General Manager 4. INSURANCE: The Contractor shall provide proof of workman's compensation insurance and liability insurance in such amounts as deemed sufficient by the Village and shall name the Village as an "additional insured" on the liability portion of the insurance policy. 5. INDEMNIFICATION: The Contractor shall at all times indemnify, defend and hold harmless the Village, its agents, servants, and employees, from and against any claim, demand or cause of action of whatsoever kind or nature, arising out of error, omission, negligent act, conduct, or misconduct of the Contractor, its agents, servants, or employees in the performance of services under this Agreement. Nothing contained in this provision shall be construed or interpreted as consent by the Village to be sued, nor as a waiver of sovereign immunity beyond the waiver provided in Section 768.28, Florida Statutes. 6. PUBLIC ENTITIES CRIMES ACT: As provided in Sections 287.132-133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the Contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within thirty-six (36) months immediately preceding the date hereof. This notice is required by Section 287.133(3)(a), Florida Statutes. 7. INDEPENDENT CONTRACTOR: It is specifically understood that the Contractor is an independent contractor and not an employee of the Village. Both the Village and the Contractor agree that this Agreement is not a contract for employment and that no relationship of employee —employer or principal —agent is or shall be created hereby, nor shall hereafter exist by reason of the performance of the services herein provided. 8. INSPECTOR GENERAL: Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. Page 2 of 5 Page 73 of 686 Agenda Item #4. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. 9. ATTORNEY'S FEES: In the event a dispute arises concerning this Agreement, the prevailing party shall be awarded attorney's fees, including fees on appeal. 10. FORCE MAJEURE: The Contractor shall not be considered in default by reason of any failure in performance under this Agreement if such failure arises out of causes reasonably beyond the control of the Contractor or its subcontractors and without their fault or negligence. Such causes include but are not limited to: acts of God; acts of war; natural or public health emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weather conditions. 11. CHOICE OF LAW; VENUE: This Agreement shall be governed and construed In accordance with the laws of the State of Florida, and venue shall be in Palm Beach County should any dispute arise with regard to this Agreement. 12. AMENDMENTS AND ASSIGNMENTS: This Agreement, all Exhibits attached hereto, and required insurance certificates constitute the entire Agreement between both parties; no modifications shall be made to this Agreement unless in writing, agreed to by both parties, and attached hereto as an addendum to this Agreement. The Contractor shall not transfer or assign the provision of services called for in this Agreement without prior written consent of the Village. 13. PUBLIC RECORDS: In accordance with Section 119.0701, Florida Statutes, the Contractor must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, the Contractor must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A Contractor who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Section 119.0701, Florida Statutes, and other penalties under Section 119.10, Page 3 of 5 Page 74 of 686 Agenda Item #4. Florida Statutes. Further, the Contractor shall ensure that any exempt or confidential records associated with this Agreement or associated with the provision of services contemplated herein are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the Contractor does not transfer the records to the Village. Finally, upon completion of the Agreement, the Contractor shall transfer, at no cost to the Village, all public records in possession of the Contractor, or keep and maintain public records required by the Village. If the Contractor transfers all public records to the Village upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the Village, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0685, OR AT 1mcwi11iams(a teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. 14. HEADINGS: The headings contained in this Agreement are provided for convenience only and shall not be considered in construing, interpreting or enforcing this Agreement. 15. SEVERABILITY: The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability or any other provision of this Agreement and this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision is not contained herein. 16. WAIVER: No waiver by the Village of any provision of this Agreement shall be deemed to be a waiver of any other provisions hereof or of any subsequent breach by the Contractor of the same, or any other provision or the enforcement hereof. The Village's Page 4 of 5 Page 75 of 686 Agenda Item #4. consent to or approval of any act requiring the Village's consent or approval of any act by the Contractor shall not be deemed to render unnecessary the obtaining of the Village's consent to or approval of any subsequent consent or approval of, whether or not similar to the act so consented or approved. 17. ENTIRE AGREEMENT: This five (5) page Agreement constitutes the entire agreement between the parties; no modification shall be made to this Agreement unless such modification is in writing, agreed to by both parties and attached hereto as an addendum to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. WITNESSES: ODYSSEY MANUFACTURING CO. ATTEST: Lori McWilliams, MMC Village Clerk By: Patrick H. Allman, General Manager (Corporate Seal) VILLAGE OF TEQUESTA By: Abigail Brennan, Mayor (Seal) Page 5 of 5 Page 76 of 686 Agenda Item #4. EXHIBIT A Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469 NOTICE OF SOLICITATION RFQ # UTIL 04-19 50% Sodium Hydroxide Annual Purchase 561-768-0700 www.tequesta.org The Village of Tequesta is seeking Quotes from qualified suppliers to provide: Delivery of 50% food grade (NSF Approved) liquid sodium hydroxide for use in the potable water treatment process. The Village anticipates to order up to 100 dry tons during the 2019-2020 fiscal year. Quotes are being received beginning November 21, 2019 through December 5, 2019 at 5:00 p.m. To submit a quote or for any questions regarding the specifications and Solicitation process please contact Nate Litteral, Water Plant Superintendent, at nlitteral(a),teguesta.org. ADA ACCESSIBILITY NOTICE: The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [agreement/bid documents and specifications] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [agreement/bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AX), published by the World Wide Web Consortium ("WK"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/. The Village of Tequesta is exempt from Federal and State Taxes for tangible personal property tax. The Village of Tequesta reserves the right to accept or reject any or all Proposals, in whole or in part, with or without cause, to waive any irregularities and/or technicalities, and to award the contract on such coverage and terms it deems will best serve the interests of the Village. Vice -Mayor Kristi Johnson Mayor Abby Brennan Council Member Laurie Brandon Council Member Vince Arena Council Member Kyle Stone Village Manager Jeremy Allen Page 77 of 686 Agenda Item #4. EXHIBIT B ODYSSEY MANUFACTURING CO. December 4, 2019 Mr. Nate Litteral Water Treatment Plant Superintendent Village of Tequesta 901 North Dixie Highway Tequesta, Florida 33469 Re: SODIUM HYDROXIDE SUPPLY TO THE VILLAGE OF TEQUESTA WATER TREATMENT FACILITY Dear Nate, As you know, Odyssey Manufacturing Co. is currently supplying the Village of Tequesta sodium hypochlorite and has done so for the past ten years. As you know, we recently began selling sodium hydroxide out of our rail terminal in Lantana, Florida. As such, Odyssey proposes to sell 50% sodium hydroxide to the Village of Tequesta for the firm lump sum price of $570 per ton effective immediately through September 30, 2020 (NET 30). As an option, we agree to fix this pricing through September 30, 2021 if the customer desires a two-year contract or include an option where the Village of Tequesta can renew this contract for up two additional one-year terms with both parties consent. This price is fixed and there are no fuel surcharges, delivery fees or other hidden charges. Because of the limited storage available at your plant, we can provide you caustic on one day's notice in order to allow us to make full tanker deliveries. Additionally, we are providing membrane grade caustic and our Lantana facility is NSF-60 certified for sodium hydroxide. We have a backup supply at our Tampa facility which is also NSF-60 certified. In addition to the guaranteed and improved pricing, the Village of Tequesta will achieve improved reliability as the caustic will be delivered from our terminal less than 30 minutes away. We also have access to a barge terminal in Tampa as a backup. Odyssey is proposing to sell the Village of Tequesta membrane grade caustic. Thank you for your consideration. We look forward to the opportunity to serve your sodium hydroxide needs in the future. Please do not hesitate to contact me at (813) ODYSSEY or cellular (813) 335-3444 if I can be of further assistance. Sincerely, _ a rick H. Allman General Manager MANUFACTURERS OFa[LT d (800) ODYSSEY "' WWW.od sse manufacturin eom i.�a•li�a�'71�Y•l��i��•�.�: Y Y 8�