HomeMy WebLinkAboutDocumentation_Regular_Tab 05_5/12/2022Agenda Item #5.
Regular Council
STAFF MEMO
Meeting: Regular Council - May 12 2022
Staff Contact: Matthew Hammond, Utilities
Director
Department: Utilities
Authorize Amendment to Agreement with Odyssey Manufacturing Company for Purchase of 50%
Sodium Hydroxide
The Utilities Department purchases 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.
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] and subsequently awarded a 1-year
contract to Odyssey Manufacturing Company at the January 9, 2020 Regular Council Meeting with the
mutual option for two (2) additional one-year renewals. Addendum No. 2 was approved on October 14,
2021 exercising the second and final renewal expiring on October 1, 2022.
Due to the unforeseen and unprecedented market conditions, a mid -year price increase to cover the
supply increases was exercised in April 2022 - Addendum No. 3. At the request of Council at the April
14 Regular Council Meeting, Odyssey Manufacturing Company was approached to modify the
termination clause removing the termination for convenience language in favor of the Village. Odyssey
has agreed to this request and executed the proposed Addendum No. 4.
BUDGETED AMOUNT: - AVAILABLE AMOUNT: - EXPENDITURE AMOUNT: -
Additional Budgetary Information: Funding Source(s):
Water Enterprise Fund
Authorize Addendum No. 4 modifying the termination clause removing the termination for convenience
language in favor of the Village.
Proposed Fourth Addendum for Sodum Hvdroxide Purchase - Termination Modification.ada
Page 91 of 254
Agenda Item #5.
FOURTH ADDENDUM TO THE AGREEMENT
FOR PURCHASE OF SODIUM HYDROXIDE
BY AND BETWEEN
THE VILLAGE OF TEQUESTA
AND
ODYSSEY MANUFACTURING COMPANY
THIS FOURTH ADDENDUM, made and entered into this day of 2022,
effective immediately, by and between the Village of Tequesta, Florida, a municipal corporation
organized and existing in accordance with the laws of the State of Florida with offices located
at 345 Tequesta Drive, Tequesta, Florida 33469, hereinafter referred to as the "Village", and
Odyssey Manufacturing Company, a Florida corporation with offices located at 1484 Massaro
Blvd., Tampa, Florida 33619, hereinafter referred to as the "Contractor" (and collectively the
"Parties"), both of whom agree that the current Agreement for Purchase of Sodium Hydroxide,
pursuant to RFQ No. UTIL 04-19, (hereinafter the "Agreement"), made and entered into by the
Village and the Contractor on the 91h day of January, 2020, is hereby amended in the following
manner:
Section 1: Section 3 of the Agreement entitled `Term; Termination; Notice' is
hereby repealed in its entirety and replaced as follows:
3. Term; Termination; Notice: This Agreement shall be effective for a term that
commences on the EtTective Date and terminates on October 1, 2022. The Parties by
mutual consent have agreed to renew this Agreement for both of the two (2) additional
one-year terms as detailed in the Contractor' s December 4, 2019 correspondence with
the Village attached as Exhibit "B". The Village may terminate this Agreement for
convenience upon thirty (30) calendar days written notice to the Contractor. The
Contractor may terminate this Agreement for cause if the Village is in default of any of
the Agreement's terms, obligations, restrictions, or conditions, and so long as the
Contractor terminates in accordance with the following procedures — If the Contractor
provides the Village written notice of the Village's default and fifteen (15) calendar days
thereof to correct or take action to correct such default, and if the Village subsequently
fails to timely correct or remedy such default, the Contractor may terminate this
Agreement. 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 2
Page 92 of 254
Agenda Item #5.
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
Section 2: All other Sections and recitals of the above -referenced Agreement shall
remain in full force and effect.
Section 3: This Fourth Addendum shall be attached to the current Agreement and
shall become a part thereof.
IN WITNESS WHEREOF, the Contractor and the Village have signed and executed
this Fourth Addendum with an effective date as noted above.
ATTEST:
Corporate Secretary
ATTEST:
Lori McWilliams, MMC
Village Clerk
ODYSSEY MANUFACTURING CO.
Page 2 of 2
By: Patrick H. Allman,
General Manager
(Corporate Sea])
VILLAGE OF TEQUESTA
By: Molly Young, Mayor
(Seal)
Page 93 of 254