Loading...
HomeMy WebLinkAboutAgreement_General_11/10/2022_Odyssey Manufacturing (2)VILLAGE OF TEQUESTA AGREEMENT FOR PURCHASE OF CHLORINE AS NEEDED BY THE VILLAGE THIS AGREEMENT FOR THE PURCHASE OF CHLORINE is entered into and effective this 10TH day of November 2022, by and between the VILLAGE OF T E Q U E S TA, a Florida municipal corporation with offices located at 345 Tequesta Drive, Tequesta, Florida 33469, organized and existing in accordance with the laws of the State of Florida, hereinafter "the Village"; and ODYSSEY MANUFACTURING CO., a Florida corporation, with offices located at 1484 Massaro Blvd, Tampa, FL 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 chlorine as needed by the Village. The Parties agree to enter into this Agreement and piggyback for chlorine at the unit prices described in the Marion County bulk chlorine contract approved September 171h, 2019, through Bid/RFP No 1913-265. Said contract, including its terms, conditions, specifications, and attached exhibits/amendments, are hereby fully incorporated into this Agreement and attached hereto as Exhibit "A". Authorization to piggyback on the contract and amendments is hereby fully incorporated into this Agreement and attached hereto as Exhibit "B". 2. COMPENSATION: In consideration for the above Scope of Services, pricing shall be pursuant to the unit prices provided in Exhibit "A". The Parties hereby agree to the Village's purchase of supplies and/or services in greater or lesser amounts than estimated in the Marion County Bulk Chlorine Contract #1913-265, as referenced by the proposal/quote/estimate in Exhibit "A". In consideration for the above Scope of Services and pursuant to any Exhibits, if applicable, the Village shall pay the Contractor at the unit prices as described in Exhibit "A". The goods or services shall be delivered on a per -order basis and in a manner and location acceptable to the Village "Performance Date." Page 1 of 8 3. CHANGE ORDERS: Seller is aware that price and time are of the essence in this contract and that prompt and timely performance of all such obligations is strictly required. If conditions change that would require an increase in price, scope, or time for performance Seller must notify the Village in writing detailing the conditions that have changed and requesting a change order to the contract within 30 days prior to the performance date "Change Order Deadline". Change orders submitted after the change order deadline will not be considered. Seller shall not proceed with any change to its obligations under a change order request unless documented in a Change Order executed by both Parties. If Seller requests a change order prior to the change order deadline Village at its discretion may accept the change order as is or with modifications, deny the change order, re -advertise, and re -solicit providers for the required goods or services or terminate this contract. If the Village elects to re -advertise and re -solicit the need for goods or services, the Village will have 30 day "Solicitation Period" in which to accept the contemplated change order or terminate this contract. At any time after execution of this Agreement but prior to Seller's delivery of the Goods, the Village reserves the right at its discretion to change, modify, revise add, or remove any part of its order for the Goods as described by this Agreement and any Exhibits, if applicable. If any such change to the Village's order causes an increase or decrease in the cost of the Goods or causes a change in the time required for delivery of the Goods, the Village shall make an equitable adjustment in the contract price, the delivery schedule, or both. Any change to the Village's order for the Goods and any subsequent equitable adjustment to the terms of this Agreement shall be effectuated through a written Amendment to this Agreement as executed by both Parties pursuant to Section 15 of this Agreement. 4. TERM; TERMINATION; NOTICE: Pursuant to the Marion County Bulk Chlorine Contract, the original contract term expired on September 301h, 2022. Marion County renewed the contract through its Modification #1 to the Marion County Bulk Chlorine Contract, extending the term until September 30`h, 2023. This Agreement may be terminated by either party upon 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: Village Page 2 of 8 Contractor Village of Tequesta Odyssey Manufacturing Co. 345 Tequesta Drive 1484 Massaro Blvd., Tampa, FL 33619 Tequesta, FL 33469-0273 Attn: Patrick Allman Attn: Water Utilities pallman@odysseymanufacturing.com 5. INSURANCE: The Contractor shall provide proof of workman's compensation insurance and liability insurance in such amounts as are specified in Exhibit "A" and shall name the Village as an "additional insured" on the liability portion of the insurance policy. 6. 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. 7. 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, sub -contractors, 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. 8. 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. 9. INSPECTOR GENERAL: Pursuant to Sections 2-421-2-432 of the Palm Beach County Code of Ordinances, 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. 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 Page 3 of 8 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. 10. E-VERIFY ELIGIBILITY: The Contractor warrants and represents that it is in compliance with Section 448.095, Florida Statutes, as may be amended. No later than January 1, 2021, the Contractor shall: (1) register with and use the E-Verify System (E-Verify.gov) to electronically verify the employment eligibility of all newly hired workers, and (2) verify that all of the Contractor's subconsultants performing the duties and obligations of this Agreement are registered with and use the E-Verify System to electronically verify the employment eligibility of all newly hired workers. The Contractor shall obtain from each of its sub -consultants an affidavit stating that the sub -consultant does not employ, contract with, or subcontract with an Unauthorized Alien, as that term is defined in Section 448.095(1)(k), Florida Statutes, as may be amended. The Contractor shall maintain a copy of any such affidavit from a sub -consultant for, at a minimum, the duration of the subcontract and any extension thereof. This provision shall not supersede any provision of this Agreement which requires a longer retention period. The Village shall terminate this Agreement if it has a good faith belief that the Contractor has knowingly violated Section 448.09(1), Florida Statutes, as may be amended. If the Contractor has a good faith belief that the Contractor's subconsultant has knowingly violated Section 448.09(1), Florida Statutes, as may be amended, the Village shall notify the Contractor to terminate its contract with the sub -consultant and the Contractor shall immediately terminate its contract with the sub -consultant. In the event of such contract termination, the Contractor shall be liable for any additional costs incurred by the Village as a result of the termination. 11. SCRUTINIZED COMPANIES: For Contracts under $1 M, the Contractor certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes and that it is not engaged in a boycott of Israel. The Village may terminate this Agreement at the Village's option if the Contractor is found to have submitted a false certification as provided under Section 287.135(5), Florida Statutes, if the Contractor has been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, or if Contractor is engaged in a boycott of Israel. For Contracts over $1M, the Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan Page 4 of 8 List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes. The Contractor further certifies that it is not engaged in a boycott of Israel and that it does not have business operations in Cuba or Syria, as similarly provided in Section 287.135, Florida Statutes. The Village may terminate this Agreement at the Village's option if the Contractor is found to have submitted a false certification as provided under Section 287.135(5), Florida Statutes or if the Contractor has been placed on one of the aforementioned lists created pursuant to Section 215.4725, Florida Statutes. Additionally, the Village may terminate this Agreement at the Village's option if the Contractor is engaged in a boycott of Israel or has been engaged in business operations in Cuba or Syria, as defined in Section 287.135, Florida Statutes. 12. 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. 13. 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. 14. 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. 15. AMENDMENTS & 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. 16. 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 Scope of Services. 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 Page 5 of 8 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, Florida Statutes. Further, the Contractor shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Scope of Services 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 AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-06859 OR AT lmmilliamsAtecluesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. 17. HEADINGS: The headings contained in this Agreement are provided for convenience only and shall not be considered in construing, interpreting or enforcing this Agreement. 18. 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 Page 6 of 8 or unenforceable provision is not contained herein. 19. 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 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. 20. ENTIRE AGREEMENT: This eight -page Agreement, including any Exhibits, 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. 22. AUTHORITY TO OBLIGATE: Each person signing this agreement on behalf of either Party individually warrants that he or she has the full legal power to execute this agreement on behalf of the Party for whom he or she is signing and bind and obligate such party with respect to all provisions contained in this agreement. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. Page 7 of 8 WITNESSES: d qA r7'�� 1 <�lI ATTEST: Lori McNVilliams, vIMC Village Clerk ODYSSEY MANUFACTURING CO. C By: Patrick Allma , General Manager, Odyssey Manufacturing Co. (Corporate Seal) VILLACE OF TEQUESTA By: Molly Young, Mayor Page 8 of 8 ea'8 EAL INCORPORATED vo 4,19�?QQ EXHIBIT A Marion County Board of County Commissioners MODIFICATION OF AGREEMENT WITH MARION COUNTY ("COUNTY") AGREEMENT NUMBER/TITLE: 196-265 Bulk Chlorine MODIFICATION NUMBER: 1 MODIFICATION EFFECTIVE DATE: October 1, 2022 DESCRIPTION OF MODIFICATION: 1. This Agreement is renewed for one (1) year, valid through September 30, 2023. 2. This Modification deletes Exhibit B in its entirety and replaces it with Revised Exhibit B, hereto. 3. This Modification adds and/or changes language in the Agreement to conform with current Florida Statutes as reflected on Exhibit C, hereto, and shall be deemed to amend and become part of the Agreement in accordance with Project 1913-265 and shall remain in full force and effect until the completion of all services required of SUPPLIER under the Agreement. NO 1 NI 0..s d the t i s —Aifitd haTein shall rt . , N M fn and ef - ISSUED BY: Marion County Board of County Commissioners PCA/BUYER: SHARI CHINEVERE Procurement Services E-MAIL: shari.chinevere@marionfl.org 2631 SE Third St. Ocala, FL 34471 i PHONE: 352-671-8648 CONTRACTOR NAME: Odyssey Manufacturing Company ADDRESS: 1484 Massaro Blvd., Tampa, FL 33619 ATTN: Patrick Allman(pallman@odysseymanufacturing.com) INSTRUCTIONS: Please sign Signature Block showing acceptance of the above written modification and return thisform to Procurement Services within five (5) days after receipt. Once fully executed, a copy of this modification will be returned to you to be attached to the original agreement. MARION COUNTY, A POLITICAL SUBDIVISION OF THE __ FOR USE AND RELIANCE OF MARION COUNTY ONLY, STATE OF FLORIDA �� APPROVE FORM D LEGAL SUFFICIENCY r 9 20 2022 CARL , I DATE MATTHEW G. MINTER CHAIRMAN MARION COUNTY ATTORNEY ATTEST: r 9 20/22 GREGORPA RELL � DATE MARIONN CLERK OF THE COURT COMPANY NAME: Odyssey Manufacturing Company 9 - M- 2o22- BY� PRINTED NAME &enorq I ITS: 19&265-CA-01 CNT 11 of 5 19B-265 Bulk Chlorine Fee Schedule Revised Exhibit B Item No. Description of Services Unit Unit Cost Liquid, 12.5% Trade Percent Available Chlorine, 1 Deliveries for Utility Sites Gallon $ 1.25 HTH granular, powder, Deliveries for Utility 100 lb 2 Sites Pails $ 400.00 Provided 3 Lease Tanks Site at no cost 196-266-cn-01 CNT 12 of 5 19B-265-CA-01 Bulk Chlorine Flxmrr C 1. DEFrQTIONS. A. Section `2' of the Agreement is modified to include Purchase Orders in the definition of Contract Documents; to add that should any conflict arise between the Contract Documents and the Agreement, the terms of the Agreement shall govern 2_ INSURANCE. A. Section 113' of the Agreement requiring in part that the company issuing the required Certificate of Insurance have an AM_ Best Company rating of at least a B+ is modified solely to delete the words "at least a B+" and replace them with "at least an A-." 3. EMPLOYEE ELIGIBILITY VERIFICATION. A. Section `19' of the Agreement regarding E-Verify is deleted in its entirety and replaced with the following: Section 19 — E-Verify, pursuant to Section 44&095, F.S. Section 448.095, Florida Statutes, requires SUPPLIER to be registered and use the E-Verify system to verify the work authorization status of all newly hired employees and prohibits SUPPLIER from entering into the Agreement unless it is in compliance therewith_ Information provided by SUPPLIER is subject to review for the most current version of the State or Federal policies at the time of the award of the Agreement. l . COUNTY hereby affirms it is duly registered, uses, and adheres to the practices of the E-Verify system, including those outlined in the clauses below. 2. SUPPLIER has agreed to perform in accordance with the requirements of this Section and agrees: a. SUPPLIERcertifres and assures COUNTY that SUPPLIER is currently in full compliance with Section 448.095, Florida Statutes and it is registered and uses the E-Verify System to verify work authorization status of all newly hired employees and will continue to do so throughout the Term. This certification and assurance is a material term on which COUNTY relies in entering into the Agreement- b. COUNTY shall immediately terminate the Agreement if COUNTY has a good faith belief that SUPPLIER has knowingly violated Section 448.09(1), Florida Statutes, that is, that SUPPLIER knowingly employed, hired, recruited, or referred either for itself or on behalf of another, private or public employment within the State an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States. e. When SUPPLIER enters into a contract with an employee, a contractor or a subcontractor, SUPPLIER shall obtain from that contracting parry ("Contracting Party"} an affidavit stating that the Contracting Party does not employ, contract with, or subcontract with an unauthorized alien. d. SUPPLIER shall maintain a copy of such affidavit for the duration of the Agreement and provide it to COUNTY upon request e. SUPPLIER shall immediately terminate the Contracting Party if SUPLIER has a good faith belief that the Contracting Party has knowingly violated Section 448_09(1), Florida Statutes, as set forth above. 198-265-CA-01 CNT 13 of 5 f If COUNTY has a good faith belief that SUPPLIER's Contracting Party has knowingly violated Section 448.09(1), Florida Statutes, but that SUPPLIER has otherwise complied, COUNTY shall promptly order SUPPLIER to terminate the Contracting Party. SUPPLIER agrees that upon such an order, SUPPLIER shall immediately terminate the Contracting Party. SUPPLIER agrees that if it should fail to comply with such an order, COUNTY shall immediately terminate SUPPLIER g. if COUNTY terminates the Agreement with SUPPLIER, SUPPLIER may not be awarded a public contract for a least one (1) year after the date of termination. h. SUPPLIER is liable for any additional costs incurred by COUNTY as a result of a termination under this Section. i. Any such termination under this Section is not a breach of the Agreement and may not be considered as such. j. SUPPLIER shall maintain records of its registration, use, and compliance with the provisions of the )-Verify system, including the registration and use by its subcontractors, and to make such records available to COUNTY or other authorized governmental entity. k. To comply with the terms of this Employment Eligibility Verification provision is made an express condition of the Agreement and COUNTY may treat a failure to comply as a material breach of the Agreement_ 4. SCRL-nNiZED CONIPAN [ES. Adds Section 127' to the Agreement with the following: Section 27 - Scrutinized Companies, pursuant to Section 287.135, F.S. A. Certification. 1. If the Agreement is for One Million Dollars or more, SUPPLIER certifies that at the time it submitted its bid or proposal for the Agreement or before entering into the Agreement or renewing same, SUPPLIER was not then and is not now: a. On the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, F.S_, or b. Engaged in business operations in Cuba or Syria. 2. If the Agreement is for any amount, SUPPLIER certifies that at the time it submitted its bid or proposal for the Agreement or before entering into the Agreement or renewing same, SUPPLIER was not then and is not now: a. On the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or b. Engaged in a boycott of Israel. B. Termination, Threshold Amount. COUNTY may, entirely at its option, terminate the Agreement if it is for One Million Dollars or more and FIRM meets any of the following criteria. 1. Was entered into or renewed on or after July 1, 2011, through June 30, 2012, and 2. SUPPLIER is found to have: a. Submitted a false certification as provided under Section 287.135(5), F.S., or b. Been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, F.S. OR 3. Was entered into or renewed on or after July 1, 2012, through September 30, 2016, and 4. SUPPLIER is found to have. a. Met either prohibition set forth in Section "27(B)(2)" above or b. Been engaged in business operations in Cuba or Syria_ OR S. Was entered into or renewed on or after October 1, 2016, through June 30, 2018, and 6. SUPPLIER is found to have: a. Met any prohibition set forth in Section "27(B)(4)" above or 196.265-C"l CNT 14 of 5 b. Been placed on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel. OR 7. Was entered into or renewed on or after July 1, 2018, and 8. SUPPLIER is found to have met any prohibition set forth in Section " 27(B)(4)" above. C. Termination, Any Amount. COUNTY may, entirely at its option, terminate the Agreement if it is for any amount and meets any of the following criteria. 1. Was entered into or renewed on or after July 1, 2018, and 2. SUPPLIER is found to have been placed on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel. D. Comply; Inoperative. The Parties agree to comply with Section 287.135, F.S., as it may change from time to time during the Term. The contracting prohibitions in this Section become inoperative on the date that Federal law ceases to authorize the State of Florida to adopt and enforce such contracting prohibitions. 5. SOVEREIGN LM1LV ZMTY. Adds Section `28' to the Agreement with the following: Section 28 — Sovereign Immunity. Nothing in the Agreement shall be deemed to waive the sovereign, immunity protections provided COUNTY pursuant to Florida law. Notwithstanding anything stated to the contrary in the Agreement, any obligation of COUNTY to indemnify SUPPLIER, if provided, is limited and shall not exceed the limits set forth in Section 76828, Florida Statutes. This Section shall survive the termination of the Agreement. 6. ON -GOING COMPLIANCE. Adds Section `29' to the Agreement with the following - Section 29 — On -Going Compliance. The Parties acknowledge that the Agreement may contain provisions prescribed by laws, statutes, and regulations that can change during the Term of the Agreement. The Parties understand and agree that the Agreement is intended to reflect and require the Parties' compliance with all laws at all times. The Parties expressly and specifically agree to perform the Agreement in full compliance with the governing laws, statutes, and regulations, as same may change from time to time. 19B-265- l CNT 15 of 5 ODYSSEY MANUFACTURING CO. August 5, 2022 Ms. Susan Olsen Purchasing Director Marion County 2631 SE Third St. Ocala, FL 34471 Re: MARION COUNTY BULK CHLORINE CONTRAXT (BID NO.198-265) End: (1) Producer Price Index — PCU325180325180S Dear Ms. Olsen, As you know, the existing bulk chlorine contract expires on September 20, 2022. The contract has three one- year renewals past this date. The purpose of this revised letter is to offer to renew the existing contract for an additional year through September 30, 2022, with the following price increases: > Liquid 12.5 Trade Percent Available Chlorine Sodium hypochlorite from $.89 per gallon to $1.25 per gallon HTH granular, power,100# pails from $150 to $400 per pail As part of the amendment for the renewal, Odyssey would agree to waive the provision limiting the increase to a maximum of 3% for this renewal. Based on our sales records, the sodium hypochlorite line item composes 98% of the purchases for this contract. As you are aware, we have been in a period of unprecedented hyper -inflation in the chemical business the past two years. There is no specific Producer Price Index (PPI) Data Table for sodium hypochlorite and calcium hypochlorite, but it is a secondary product of the basic inorganic chemical manufacturing index since it is made from chlorine and caustic (hypochlorite) and chlorine and lime (HTH). In the past twenty-four months of the most currently available data, the index has gone up 107%. The price of HTH has gone up more dramatically because of the national chlorine shortage coupled with the fact that the largest calcium hypochlorite storage warehouse in North America burned down last year. As you know, the price of chemicals had been relatively flat for the past ten years. Thus, a 3% annual cap would make sense. In the past twelve months our annual operating costs have increased as follows: (1) Electricity costs have increased $1.8 million; (2) Wages have gone up $1.6 million (we wouldn't have any truck drivers otherwise); (3) Caustic prices have increased by $500,000; (4) Hydrochloric acid costs have gone up $250,000; (5) Fuel costs have gone up $2.4 million (our tankers get 5-6 mpg); and on and on. All of these items are integral to our manufacturing process or to delivery of the product. Our major raw material is salt, and our salt cost has increased considerably in the past year as well. Our proposed price increase for the primary product you purchase is only 45% while the index has gone up 107%. As you know, Marion County has over fifty-seven small plants none of which take full tanker deliveries of 5,000 gallons. Many of the plants take only 100 — 300 gallons at a time. Thus, there is a high cost to provide chemical deliveries to Marion County facilities since the delivery cast is spread among far fewer gallons. Last year, Marion County purchased approximately 250,000 gallons of sodium hypochlorite and forty pails of HTH. Thank you for your consideration. The unprecedented inflation our country has been seeing since we bid this supply contract three years ago could not have been reasonably foreseen. We have not seen this level of inflation in this country since the early 74's and it none of us in business were working then. We value our suppler relationship with Marion County both as a customer and business partner. We look forward to the opportunity to serve your sodium hypochlorite 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. We appreciate your understanding and continued support Sincerely, Patrick H. Allman General Manager Page 2 of 2 =L U.S. BUREAU OF LABOR STATISTIO4 35 Sure -au of Labo r Stat:atics > Data Tool% > Data Retrieval Tools > Multi•Saeen Databases, Tables & Calculators by Subject f]aWOutputOptioes From: 2012 v To_ 2022 v 0 ❑include graphs lJ intludeannual averages More Formatting ODtionsam► Cara extracted on; may 30, = (4:48:D4 PMI PPI Industry Data Series1d: PCU3251803251805 Series Title: PPIindustry data for Otherbasieinorganicchemicalmaoufacturing-Second ary pro ducts,not seasonatlyadjuswd Industry: Other basic inorganic chemical manufacturing Product Secondary products Bass Date: 201012 Download: E j-,d" Year I Jan Feb i Mar Apr I May ! Jun Jul Aug' Sep OR Nov I Dec i 2012 _ M 993 102.7 102.7 1017 102-7 102.7 102 4 102 3 ! 10¢3 . 1023 , 102.4 1014 . 20131 102.8 102.3 102,61 3022 10L0 1102.51 1D1.7! 1OL6; 102.31 10231 102-31 102.4_ 2016 I 1 103 1D9.7 1 2017 110.91 1111 111.0 j 111-8 1113.7 11411 113.8 j 118$ I 119.4 1 12L0 : 13151 121 6 2016 1233 123.8 I 123.9 123.611127-61327-61 13151 231Z f 1315 13L5' 1284 ; 1283 i 2019 130.9 130-91 134.0 • 133.9 , 117.3 1173 j L113 ; 100,71 100.71 10S.71 207.11 1071 2020 3.09.41 109.4 109A : 209.4 09.41 209A 1 1062 107.7 107 71W lr 4A 156 D 156.0 . 2021 154.1 i 154.1 154.11 1i83 1 176.4 176.4 ! 181.197 UO-T02 1 3a3.717 281.7291 186A6B 189.374 1 2022 187.0a9(P)193.115(P) 200.486(P)122T001(>lI I1 I Ii I fG71 I q 27-1-001- 1041.4 - i07? 4� 4 P ; Preliminary. Alf indexes are subject to monthly revisions up to four months after original publication. 1 .....-.. U.S. BUREAU OF LABOR STATtSTIC.S Postal Spuare Suildi+w 2 t fasochusetts Avenue NE Wasft g on, DC 20212-0001 7elephor-a-:1-2D2-691--200_ Tele=rnunlcations RzWy Serv:ce.7-1-1- u% g2v U>ruact t1s AGREEMENT BETWEEN COUNTY AND SUPPLIER This Agreement Between County and Supplier, (this "Agreancae') made and entered into by and between Minion County, a political subdivision of the State of Florida, located at 601 SE 25r' Aver Ocala, FL 34471 (hereinafter referred to as "COUNTY") and Odyssey Mannfactw ing Company, located at 1484 Massaro Blvd., Tampa, FL 33619, possessing FETN# ¢. 90345 (h am ref d to as "SUPPLIER") wider seal for the Balk Chlorine, (hereinafter referred to as the "Project'°), and COUNTY and SUPPLIER hereby agreeing as follows: WITNESSETH: In consideration of the mutual covenants and promises contained herein, COUNTY and SUPPLIER (singularly referred to as "Party", collectively "Parties") hereto agree as follows: Section 1 — The Contract The contract between COUNTY and SUPPLIER, of which this Agreement is part, consists of the Contract Documents. This Agreement approved by the Board of County Commissioners on September 17, 2019 shall be effective on the last signature date set forth below. Section 2 -- The Contract Documents, The Contract Documents are defined as this Agreement, the Specifications, the Drawings, all Change Orders and Field Orders issued hereafter, any other amendments hereto executed by the Parties hereafter, together with the following (if any): Marion County Solicitation #19B-265 - Bulk Chlorine, the Offer, Solicitation Scope and/or Spec fications, Plans and/or Drawings, any/al] Addends as issued in support of this Solicitation, Certificate of lasorance and Notice to Proceed. Section 3 — Entire Agreement. The Contract Documents form the agreement between Parties for the Project, and the SUPPLIER acknowledges receipt of a copy of each and every Contract Document The Contract Documents represent the entire and integrated agreement between the Parties and supersede prior negotiations, representations or agreements, either written or oral. ?iris Agreement may be amended or modified only in writing. The Contract Documents shall not be construed to create a contractual relationship of any kind between any person or entities other than COUNTY and SUPPLIER_ Section 4 — Term. This Work (defined herein) shall commence upon October 1, 2019 and will conclude September 30, 2022 (the "Term"� Three (3) annual renewals are available, pending mutual written agreement. Price increases shall ONLY be considered upon renewal notice dates, must be supported by an industry documented increase, shall not exceed three percent (3%), and must be Board approved. All Work will proceed in a timely manner without delays. Section 5 — Scope or Services. SUPPLIER shall complete the Work, provide the necessary types and deliveries of bulk chlorine, for Project 19B-265, more fully set forth on EXHIBIT A hereto, as per the Contract Documents and specifications furttished by COUNTY and according to the timeframe as noted herein Section 6 — Compensation. COUNTY shall make payment, (the "Agreement Price"), to SUPPLIER under COUNTY's established procedure and per the fee schedule Exhibit B, herein. Section 7 — Assignment. SUPPLIER may not subcontract all or any part of this Agreement without written approval by COUNTY. Section S — Laws, Permits, and Regulations. Prior to the performance ofany Work hereunder, SUPPLIER shall obtain and pay for a] I licenses and permits, as required to perform the Work. SUPPLIER shall at all times comply with all appropriate laws, regulations, and ordinances applicable to the Work provided under this Agreement. 19B-265 CNT 1 Psge 1 or 16 Section 9 — Ameadments. This Agreement may only be amended by mutual written agreement of both Parties. Section 10 —Rooks and Records. SUPPLIER shall keep records of all transactions. COUNTY shall have a right to request records from SUPPLIER, and for those records to be made available within a reasonable timeframe depending on method of acquisition. Section 11— Public Records Compliance A. IF SUPPLIER HAS QUESTIONS REGARDING THE .APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO ITS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT COUNTY'S CUSTODIAN OF PUBLIC RECORDS AT: Public Relations 1601 SE 254r" Ave, Ocala, FL 34471 Phone: 352-438-2300 1 Fax: 352-438-2309 Email: publicrelationsC%marioncountvfl.org S. SUPPLIER shall comply with public records laws, specifically. • Keep and maintain public records required by COUNTY to perform the Work; • Upon request from COUNTY's custodian of public records, provide COUNTY with a copy of the requested records or allow the retards to be inspected or copied within a reasonable tune at a cost that does not exceed the cost provided in Chapter If 9, Florida Statutes, or as otherwise provided by law; • Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Term and following completion of this Agreement if SUPPLIER does not transfer the records to COUNTY; and, • Upon completion ofthis Agreement, transfer, at no cost, to COUNTY, all public records in possession of SUPPLIER or keep and maintain public records required by COUNTY to perform the Work. If SUPPLIER transfers all public records to COUNTY upon completion of this Agreement, SUPPLIER shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If SUPPLIER keeps and maintains public records upon the completion of this Agreement, SUPPLIER shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to COUNTY, upon request from COUNTY's custodian of public records, in a format that is compatible with the information technology systems of COUNTY. C. If SUPPLIER fails to provide the public records to COUNTY within a reasonable time, SUPPLIER may be subject to penalties under Section 119.10 Florida Statutes and may be subject to unilateral cancellation of this Agreement by COUNTY. Section 12 — Indew aif ration. SUPPLIER shall indemnify and hold harmless COUNTY, its officers, employees and agents from all suits, claims, or actions of every name and description brouglft against COUNTY based on personal injury, bodily injury (including death) or property damages received or claimed to be received or sustained by any person or persons arising from or in connection with any negligent act or omission of SUPPLIER or its employees, officers, or agents in performing the services set forth herein. Section 13 — Insurance. As applicable, during the Work, insurance policies shall be with a company or companies authorized to do business in the State of Florida. COUNTY shall be notified if any policy limit has eroded to one half its annual aggregate,. SUPPLIER shall provide, within the timethune noted in the Award Letter, a Certificate of Insurance, issued by a company authorized to do business in the State of Florida and with an A.M. Best Company rating of at least R+. All policies must show the 'Marion County, a political subdivision of the State of Florida" as an Additional Insured except for the workers compensation and professional liability policies. The Marion County Procurement Services Director should be shown as the 198-aS CNr 1 Page 2 of 18 Certificate Holder, and the Certificate should provide for 30-day cancellation notice to the Procurement Director's address, set forth herein, with policies for the following: • 8nsiness Auto liability shall be provided by SUPPLIER with combined single limits of not less than $1,000,000 per occurrence and is to include bodily injury and propedy damage liability arising out of operation, maintenance or use of any auto, including owned, hired and non -owned automobiles. • Worker's Comoensashall be purchased and maintained by SUPPLIER with statutory limits and employers liability limits of at least $1,000,000 each accident and $1,000,000 each employee and $1,000,000 policy limit for disease. • General Liability shall be maintained by SUPPLIER for the duration of the Project with limits of not less than S 1,000,000 per occurrence and S2,000,000 annual aggregate. If the policy is written on a claim -made basis, SUPPLIER must maintain the policy a minimum of 5 years following completion of the Project. "Marion County, a political subdivision of the State of Florida" must be shown as Additional Insured. Section 14 — Independent Supplier. In the performance of this Agreerent, SUPPLIER will be acting in the capacity of an "Independent Supplier" and not as an agent, employee, partner, joint venture, or associate of COUNTY. SUPPLIER shalt be solely responsible for the means, methods, techniques, sequences, and procedures utilized by SUPPLIER in the full performance of this Agreement. Section 15 — Debultfferminatioa in the event SUPPLIER fails to comply with any of the provisions of this Agreement, COUNTY may terminate this Agreement for cause by first notifying SUPPLIER in writing, specifying the nature of the default and providing SUPPLIER with a reasonable period of time in which to rectify such default In the event the default is not cured within the time period given, COUNTY thereafter may terminate this Agreement for cause upon written notice to SUPPLIER without prejudice to COUNTY. In the event of termination of this Agreement for cause, COUNTY will then be responsible for compensation to SUPPLIER only for those services timely and satisfactorily performed pursuant to this Agreement up to the date of termination. COUNTY may tel this Agreement without cause providing at least thirty (30) days written notice to SUPPLIER. In the event of termination of this Agreement without cause, COUNTY will compensate SUPPLIER for all services timely and satisfactorily performed pursuant to this Agreement up to and including the date of termination. Notwithstanding any other provision of this Agreemm this Agreement may be terminated if for any reason there are not sufficient appropriated and available monies for the purpose of maintaining COUNTY or other public entity obligations under this Agreement. COUNTY shall have no further obligation to SUPPLIER, other than to pay for services rendered prior to termination. Section 16 — Damage to Property. SUPPLIER shall be responsible for all material, equipment and supplies sold and delivered to COUNTY under this Agreement and until final inspection ofthe Work and acceptance thereof by COUNTY. In the event any such material, equipment and supplies are lost, stolen, damaged or destroyed, or COUNTY property, buildings, or equipment is damaged during delivery or unloading, or in the course of the WORK prior to final inspection and acceptance, SUPPLIER shall replace the same or be returned to original state without additional cost to COUNTY, as applicable. Section 17 — Termination for Loss of Fsnding/Casceilation for Unappropriated Funds. The obligation of COUNTY for payment to SUPPLIER is limited to the availability of funds appropriated in a current fiscal period, and continuation of this Agreement into a subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by taw. Section 18 — Use of Other Contracts. COUNTY reserves the right to utilize any COUNTY contract, State of Florida contract, city or county governmental agencies, school board, community colleg lstate university system, or cooperative bid agreement. COUNTY reserves the right to separately bid any single order or to purchase any item on this Agreement if it is in the best interest of COUNTY. Section 19 — Employee Eligibility Verification. For those projects funded with State or Federal dollars, COUNTY will adhere to the practices set forth under the e-verification system, which is outlined in the clauses below. Information provided by SUPPLIER is subject to review for the most current version of the State or Federal policies at the time of the award of this Agreement. By previously signing the ITB Acknowledgment I W20 CNT I Page 3 or is and Addenda Certification Form and this Agreement, SUPPLIER has agreed to perform in accordance with these requirements and agrees: A. To enrols and participate in the federal E-Verify Program for Employment Verification under the terms provided in the "Memorandum of Understanding" governing the program. B. To provide to COUNTY, within thirty (30) days of the effective date of this Agreement, documentation of such enrollment in the form of a copy of the i -Verify "Edit Company Profile" screen, which contains proof of enrollment in the E-Verify Program (this page can be accessed from the "Edit Company Profile" link on the left navigation menu of the &Verify employer's homepage). C. To require each subcontractor that performs services under this Agreement to enroll and participate in the E-Verify Program within ninety (90) days of the effective date of this Agreement or within ninety (90) days of the effective dace of the contract between SUPPLIER and the subcontractor, whichever is Teter. SUPPLIER shall obtain from the subcontrad=(s) a copy of the "Edit Company Profile" screen indicating enrollment in the E-Verify Program and make such record(s) available to COUNTY upon request D. To maintain records of its participation and compliance with the provisions of the E-Verify program, including participation by its subcontractors as provided above, and to make such records available to COUNTY or other authorized state entity consistent with the teams of the Memorandum of Understanding- F. To comply with the terms of this Employment Eligibility Verification provision is made an express condition of this Agreement and COUNTY may treat a failure to comply as a material breach of this Agreement Section 20 — Forte Majesre. Neither SUPPLIER nor COUNTY shall be considered to be in default in the performance of its obligations under this Agreement, except obligations to make payments with respect to amounts already accrued, to the extent that performance of any such obligations is prevented or delayed by any cause, existing or future, which is beyond the reasonable control and not a result of the fault or negligence of the affected Party (a "Force Majeure Event'"). If a Party is prevented or delayed in the performance of any such obligations by a Force Majeure Event, such Party shall immediately provide notice to the other Party of the circumstances preventing or delaying performance and the expected duration thereof. Such notice shall be confirmed in writing as soon as reasonably possible. The Party so affected d by a Force Majeure Event shall endeavor, to the extent reasonable, to remove the obstacles which prevent performance and shall resume performance of its obligations as soon as reasonably practicable. A Force Majeure Event shall include, but not be limited to acts of civil or military authority (including cants or regulatory agencies), acts of God, war, riot, or insurrection, inability to obtain required permits or licenses, hurricanes and severe floods. Section 21 — Counterparts. Original signatures transmitted and received via facsimile or other electronic transmission of a scanned document, (e.g., PDF or similar format) are true and valid signatures for all purposes hereunder and shall bind the Parties to the same extent as that of an original signature_ Any such facsimile or electronic mail transmission shall constitute the final agreement of the Parties and conchrsive proof of such agreement. Arty such electronic counterpart shall be of sufficient quality to be legible either electronically or when printed as hardeopy. COUNTY shall determine legibility and acceptability for public record purposes. This Agreement may be executed in one or more counterparts, each of which shall for all purposes be deemed to be an original and all of which shall constitute the same instrument, Section 22 — SUPPLIER Conduct. These Guidelines govern SUPPLIER doing work on COUNTY property, as well as SUPPLiER's employees, agents, consultants, and others on COUNTY property in connection with the SUPPLiER's work or at the SUPPLIER's express or implied invitation. • Courtesy and Respect: COUNTY is a diverse government institution and it is critical that SUPPLIER and its employees conduct themselves in a manner that is lawful, courteous, businesslike, and respectf d of all staff, guests, or visitors. • Language and Behavior: SUPPLIER and its employees cannot engage in behavior that is rude, threatening, or offensive. Use of profane or insulting language is prohibited_ Harassment of any type, including sexual harassment is strictly prohibited_ Abusive, derogatory, obscene or improper language, gestures, remarks, whistling, cat calls or other disrespectful behavior cannot be 19&255 Crlr m Page 4 d IS tolerated. Roughhousing fightin& ficticuM, phyrical threats; dtunutinn of property, vandali.9m, littering, or physical abuse of anyone on COUNTY property is not permitted under any circumstance. a No Weapons, Aloobol, or Dmgs: The use, possession, distribution, or sale of any weapon, alcohol, illegal drug, or controlled dangerous substance by SUPPLIER or its employee is prohibited. Offenders will be removed from COUNTY property and/or reported to law enforcemenL • Smoking: SUPPLIER and its employees are not permitted to smoke in or near any COUNTY buildings. • Fraternization: SUPPLIER and its employees may not fratetnize or socialize with COUNTY staff. • Appearance: SUPPLIER and its employees are required to wear appropriate work wear, hard hats and safety footwear, as the case may be, while on the job. Articles of clothing must be neat and tidy in appearance, and cannot display offensive or inappropriate language, symbols or graphics - COUNTY has the right to decide if such clothing is inappropriate. Section 23 — Authority to Obligate, Each person signing this Agreement on behalf of either Parry individually warrants that he or she has full legal power to execute this Agreement on behalf of the Party for whom he or she is signing, and bind and obligate such Parry with respect to all provisions contained in this Agreement - Section 24 — Exhibits/Attachments. The following attachments are hereby incorporated into this Agreement as part hereof as though fully set forth herei n: EXHIBIT A — Scope of Work and EXHIBIT B — Fee Schedule Section 25 -- I.Aw, Venue, Waiver of Jury Trial, Attorney's Fees. This Agreement and all the Contract Documents shall be construed according to the laws of Florida and shall not be construed more strictly against one party than against the other because it may have been drafted by one of the parties_ In the event of any legal proceeding arising from or related to this Agreement; (1) venue for state or federal legal proceedings shall be in Marion County, Florida, (2) for civil proceedings, the parties consent to trial by the court and waive right to jury trial, (3) the prevailing party shall be entitled to recover all of its costs, including attorney fees. Sectiom 26 — Notices. Except as otherwise provided herein, all written communication between the parties, including all notices, shall be by electronic trail, U.S. Mail, a courier delivery service, or delivered in person_ Notices shall be deemed effective if mailed, when deposited in a United Staters Postal Service mailbox with postage prepaid and if hand delivered, upon personally handing same to the party to whom the notice of other communication is addressed with signed proof of delivery. If otherwise delivered, notices shall be considered del ivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient, All parties certify that each has software capable of sending electronic mail read receipts to the other. Any party sending notice by electronic mail acknowledges and accepts the inherent risks that come with same. If notice is delivered in multiple ways, notice shall be considered delivered at the earliest delivery time. SUPPLIER's and COUNTY's representatives and addresses for notice purposes are: SUPPLIER: Odyssey Manufacturing Company 1484 Massaro Blvd., Tampa, FL 33619 CONTACT PERSON: Patrick Allman [ Phone: 813-635-0339 COUNTY: Marion County Utilities c/o Marion County, a political subdivision of the State of Florida 601 SE 25 N Ave, Ocala, FL 34471 A copy of a0 notices to COUNTY hereunder shall also be sent to: Procurement Services Director Marion County Procurement Services Department 2631 SE 3rd St, Ocala, FL 34471 198-265 CKT r Page 5 of 16 Alternatively, the parties may erect to receive said notices by e-mail. COUNTY hereby elects to receive all notices solely by email and designates its email address as grocurementt'Zomarioncoun ti.org,. If SUPPLIER agrees to accept ai! notices solely by e-mail and acknowledges and accepts the inherent risks that cane with accepting notices solely by e-mail, SUPPLIER may designate up to two (2) e-mail addresses: PAllmanAodvsseymanufacturi e. Designation signifies SUPPLIER'S election to accept notices solely by e-mail- IN WITNESS W14EREOF the Parties have entered into this Agreement, as approved by the Marion County Board of County Commissioners, on the date of the last signature below. ATTEST• /17/19 DAVlD R. ELLSP ANN, DATE CLERK OF COURT APPROVED AS TO FORM AND LEGAL SU (elE1�CY tWMA DATE MARION COUNTY ATTORNEY W [I[NESS: r , -X) 16�� 4 s! NAT[J ^. PRINVED NAME W �Ess: yL IG ASS oat PRINTED NAME ::AL SUB- FLORIDA DATE CNA BCC APPROVED: September 17, 2019 19B-2651 Bulk Chlorine ODYSSEY MANUFACTURING COMPANY Cl. 1~1.14 BY:. DATE �atna` ¢j. � r� PRINTED:tp . / ITS: (TITLE) 196-265 CNT ! P"e 6 of 16 EXHIBIT A EXHIBIT A 19B-265 Bulk Chlorine SCOPE OF WORK LIQUID SODIUM HYPOCHLORITE SPECIFICATIONS UTILITIES REQUIREMENTS 1. DELIVERY REQUIREMENTS Gehl: The intent and purpose of this specification document (the "Specification") is for the Contractor to furnish and deliver liquid sodium hypochlorite (12.5 Trade Percent Available Chlorine) FOB destination in accordance with the American Water Works Association's (AWWA's) Standard 6300-10 for hypochlorite, except as modified or supplemwribed herein, for the Marion County Utilities Department. Almost all of the sires identified in this BID (as defined in Paragraph 5) are for a "non -tanker" or flatbed truck delivery and requires up to 100' of hose on the Bidders tru& The Bidder must bid on all of the delivery sines. Additionally, the successful Bidder shall supply bulk storage tanks and containment for those sites indicated in Paragraph 5 at no additional charge as part of their sodium hypochlorite supply. At Marion County's option, the successful Bidder shall also provide any needed chlorine doemical feed equipment. Marion County reserves the right to purchase said equipment from other sources. 2. DELIVERY REQUIREMENTS 2.1 Contractor shall make normal deliveries within three (3) calendar (not working days) days after receipt of order (ARO) and must make emergency deliveries within 24 hours of request. An emergency delivery is defined as a delivery which is necessary in order to prevent Marion County from running out of sodium hypochlorite in less than 24 hours. Marion County shall endeavor to minimize the number of "emergency" deliveries. 2.2 All deliveries of liquid sodium hypochlorite shall be freight prepaid, F.O.B. to each Marron County facility. All equipment deliveries shall be freight prepaid, F.O.B. to the requested Marion County facility. 2.3 Delivery time of day shall be arranged upon placement of order. Deliveries made to unmanned facilities must be coordinated with Marion County so the driver can gain access to the facility. 2.4 All deliveries of liquid sodium hypochlorite shall be made by properly cleaned containers on the delivery trucks to the locations specified in paragraph 5 below. 'ram. t • t' tl =_ '.• ' Ji !1. L 2.5 Packaging and shipment of liquid sodium hypochlorite shall conform to all current regulations of the State of Florida, the United States Department of Transportation and all other applicable regulatory agencies. 2.6 All defrvery personnel must have company cell phones to facilitate deliveries to unmanned and manned facilities. Experience has shown this to be critical to effective coordination of deliveries to the various Marion County facil'fies. 2.7 Marion County reserves the right to change quantities and delivery dates at its discretion with a 24-hour notice. Notice will be given bo the Contractor in writing by an authorized designee of the Utilities Department. Written notice will be provided by the Operations Manager or the Operations Supervisor. 19&25CNTiPage 7of16 EXHIBIT A 2.8 The Contractor shall be responsible fur "blowing" or pumping liquid sodium hypochlonte into the storage tanks at the delivery sites and shall provide all necessary hoses, fittings, air -padding, pumps, etc. requAW to safely and efficiently "offload" the liquid sodium hypochlorite into designated storage tanks. Contractor shall be responsible for ascertaining the correct storage tanks and fill point locations to prevent accidental discharge of the product into the wrong storage tank(s). 2.9 The Contractor shall be responsible for any spills resulting from the failure of its or its subconbactor's delivery equipment or from failure of attendant delivery personnel in the proper performance of their duties. Proper perfomiance shall require attendant delivery personnel's constant inspection and observation of unloading operations and knowledgeable response to problems or emergencies, which would most commonly be expected to occur. Marion County reserves the right to refuse any and all deliveries made with equipment that is poorly maintained and/or leaking sodium hypochlorite. 2.10 The tanks or trailers shall be clean and free of residue that may contaminate the Contractor's product or impede the unloading process. It is the Contractor's responsibility to verify the deanliness of the transporting equipment before loading. All appurtenant valves, pumps, and discharge hoses used for the delivery of sodium hypochlorite shall be supplied by the Contractor and shall be dean and free from contaminating material. Marion County may reject a bad if the equipment is not properly cleaned. Contractor shall furnish Marion County an approved, leak -free connection device between the trailer and its intake receptacle. The Contractor shall observe the entire filling operation at each delivery site and shall immediately report any spills caused during the filling operations. The Contractor shall take immediate and appropriate actions to dean up any spilled liquid sodium hypochlorite. In the event of a spill, the contractor will notify Marion County Utilities immediately. If the contractor does not immediately dean up any spill, Marion County Utilities will immediately take dean up actions. The contractor will be responsible for the cost of materials and labor for such cleanup efforts. If spill results in the requirement soil mitigation and/or removal, Marion County will hire a certified hazardous material handling company to clean up the spill, and the cost of such service will be charge to the Contractor and deducted from the amount due to the Contractor. If Marion County's unloading equipment such as pipe, valves or level indication and alarms should fail and the spillage is not the fault of the Contractor or its subcontractor, the Contractor shall be relieved of cleanup of the spill. 2.11 because of security and safeity oancems, all delivery vehicle drivers shall be U.S. citizens and have a proper commercial drivers license with a Hazardous Material en dDrsement. Contractor's drivers shall display its driver's license and whenever challenged by Marion County during the delivery. In addition, Contractor shall supply Marion County a "CD" with digital photographs of all of its delivery drivers with names imposed and shall send out an updated CD within 24 hours of any changes to its drivers. Marion County shall use the CD to verify whether driver is actually an employee of the Contractor. Failure to show proper license or failure of driver to be listed on the CD provided to Marion County shall result in rejection of delivery and subsequent possible termination of the Contractor's supply agreement 2.12 Delivery Shipments shall be rejected which fail to meet any of the requirements of the Specification. In the event a delivery shipment is rejected, upon notification to the Contractor that the shipment is rejected, Contractor shall be required to ship a replacement delivery to the affected location within four (4) hours from time of notification. Failure to provide replacement product that meets the Specification within the specified time period will constitute failure to comply with the delivery requirements set forth in this document. 3. DELIVERY LOCATIONS 3.1 Delivery sites and locations are provided as estimates and will be subject to deletions or additions as necessary to meet the water production demands of Marion County. The contractor will necelve written notice of any addition or deletion at least Tl hours prior to scheduled action. 3.2 Liquid Sodium Hypochlorite consumption at each location is an estimate only and Marion County shall not be bound by these amounts in its contract with Contractor. Marion County projects gations of sodium hypochlorite delivered each year. 19"S CNT 1 Page 8 of 16 EXHIBIT A 3.3 Marion County owns some of its bulk storage tanks and others must be supplied by the Contractor. The Contractor shall ir>stall bulk storage tanks and any required containment as specAed in the below listed table of delivey locations. 4.0 PRODUCT MATERIAL REQUIREMENTS 4.1 Hypochlorite supplied under 0* contract shall be cleated and certified as meeting the Specification, the AWWA Standard B300-10 and those of the American National Standards Institube/Naft'al Sanitation Foundation Standard 60 (ANSI/NSF Standard 60), Drinking Water Treatment Chemicals Health fffects. 4.2 It is the responsibility of the Contractor to inform Marion County that its NSF or UL certification has been revoked or lapsed within 24 hours of the time the supplier receives verbal or written notification. Loss of certification shall constitute sufficient grounds for immediate termination of the contract between Marion County and Contractor. 4.3 Liquid sodium hypochlorite delivered under this Specification shall have a minimum of 120 Grams per Liter (GPL) available chkxine equivalent (a.k.a., 12.0 Trade Percent Available Chlorine) and shall be consistent as determined by chemical analysis. 4.4 Product shall be a dear straw cola ed liquid with no visible cloudiness, impurities, or sediment. It shall contain no soluble materials or organic substances in quantities capable of producing deleterious or injurious effects on the health of those consuming water treated with the liquid sodium hypochkxite. 4.5 Liquid sodium hypochloritae delivered under this Specification shall have a minimum of 0.20 percent by weight sodium hydroxide and a maximum of 0.40 weight percent sodium hydroxide. 4.6 Liquid sodium hypochlorite delivered under this contract shall meet the following containment oxecentration limits: Iron < 0.3 mg/L Copper < 0.03 mg/L Nickel < 0.03 mg/L Chlorate < 2,500 mg/L Bromate 5 20 mg/L Perchlorate < 20 mg/L 4.7 The deCvery time of the shipment small not exceed 72 hours from the time of manufacture of the liquid sodium hypochkxite. 5.0 DELIVERY LOCATIONS 5.1 Contractor shall make deliveries to the following locations as shown. 5.2 Contractor shall furnish and install tanks, containments, and associated piping that is indicated as leased by supplier in in the following table. All work performed must be performed by a licensed plumbing contractor and contractor shall be responsible fir providing signed and sealed drawings by a Florida registered professional Engineer as required. 5.3 Contractor shall maintain tanks, containments, and associated piping leased. 196-M CNT I Page 9 of 16 EXHIBIT A Utilities Delivery Locations: Facility Name Address C12 Tank/Conwirment Annual usage Ashley Farms WTP 4270 NW 44th Ave. Ocala, FL 34474 500 DW 2.433 Marion Deerpath WTP 2331 SE 65th Gr. Ocala, FL 34472 55 365 Suppler Ounnellon Airport WTP 24670 SW 110th St_ Ounnellon FL 3M32 35 DW Self -fig Marion Golden Ocala WTP 1 4m NW adth Ct. Ocala, FL 34482 55 Self fiU Mallon Golden Ocala WTP 2 22SO NW 7Dth Avenue Road Ocala, FL 34474 3001350 44W Supplier Golden Ocala WWTP 2550NW 70th Ave. Rd- Ocala, FL 34474 300/350 3.m Marlon Ir4h Acres WTP 93" N VS HWY 441 Ocala, FL 34475 325/350 365 Supplier K.P. Hole WTP 943S SW 190 Ave. Rd. DunnelkwL FL 34432 N/A Self -fin Kunal 11, LLC WTP 7998 NW 47th Ave. Ocala, Fl 34474 55 442 Marion Malestic Oaks WTP 5399 SW 82nd St Ocala, FL -%"78 165 344 Supplier Marion Oaks WTP 4 3550 5W 168 St. Ocala, FL 34473 165 2,201 Suppler Marion Oaks WTP 5 14170 SW 34 Terr. Rd. Ocala, FL 34473 165 995 Supplier Marion Oaks WTP 6 5950 Sw ISO Ln_ OaW FL 34473 S00 DW 7,862 Marion Newton Wrp 10149 N.W.17th Ave- Ocala, FL 34475 30 Self -fill Marion Oak Run WTP 2 7235 SW 11S St. Rd Ocala, FL 34481 1fi5 6Ed Supplier Oak Run W WTF 11400 SW 990th Ter, Ocala, FL 34472 (1) - 3000 fIl iS0 84,350 Marion Palm Coy WTP 10722 SW 80 Ave. Ocala, FL 34491 60 Self -fill Marion Pilot Oil WTP 4120 W HWY 326 Ocala, FL 34474 55 Self -fill Marion Fine Run WTP 2 9278 SW 102 Pl. Ocala, FL 34491 55 Self -fill Marion Pine Run WTP 3 9756 SW 102 PI. Ocala, FL 34482 55 Self -fill Marion Quail Meadows WTP 2961 NW 47th Ave. Ocala, FL 34474 55 Sell -fill Marion Residential Water Sysftms WTP $970 SE 42nd Ave. Ocala, FL 34478 55 319 Supplier Salt Springs WTP 13941 N. HWY 19 Salt Springs, FL 32 LU 55 498 Marton Salt Springs WTP Well 2 13041 N- NWY 19 Salt Springs, FL 32134 NIA Self-f41 Salt Springs WWTF HWY 19 a HWY 316 Salt Springs, FL 32134 32513SO 3,000 Supplier SC South WTP 81 17533 SE 102 Ave. Summerfield, F134491 165ma 1,123 Supplier SC South WTP e2 17538 SE 101 Ave. Summerfield, FL 34491 3651200 1,06S Supplier 100 36S 198-M CWT 1 Page 10 Of 16 EXHIBIT A Sliver Sprints Re8lona! WTP SBis East SS B". Silver Sp*tk FL34472 SuOPs-, Sher Sprints Shores WTP B 493 Oak Road Ocala, FL 34472 SOW650 As needed Supplier Oak Run WTP 1 8899 SW low St. Ocala, FL 34481 2000 DW 15.330 Marlon Silver Sprinp Shores WTP G 41 Hemlock Circle Ocala, FL 34472 1100 OW 11,SS8 Marion Silver Sprigs Shores W VM 4SO Emerald Road Ogle, FL 3,"72 3,000 84,350 Marion Silver Springs Woods WTP 17815 SE 20th St, Silver Sprints, FL 55 Soo Marion South Lake Weir WTP 13761 SE 170 St Weksdale, FL 321" 55' Marlon South Oak WTP 4923 SE 3t th Ct Ocala, FL 3,"74 55 SOD Marion Spruce Creek Golf & Count Club •WTP # 1 13613 Del Webb Blvd. Surnmerfield, FL 34491 3D0/325 2,217 Supplier Spruce Creek Golf & Country Club - WT Pu 2 12255 W Webb Blvd. Summerfield, FL 34491 S00/650 7.300 Supplier Spruce Creek Preserve WTP 113oO SW 136 PI. Dunnllk^ FL 3443Z 3251M 3.212 Suppier Stormiest WTP 17155 SE 115th Court Surnmerfield,FL34491 Soo D W 7 300 Marion Stonecrest W WTF SE 115th Ter. Rd. SummernekC FL 34492 3,OW DW 11,736 Marion Summertlen WTP L56D5 SW 13 Or. Ocala, FL 34472 300t350 3,042 Supplier Sun Cokottry WTP / 6738 SW 85th St. Ocak i. FL 34478 55 Self -fill Paddock Downs WTP Marion T'anber Walk WTP SS99SW 133 Um- Rd. Ocala, Ft 3"73 165 7W Supplier Track & Card W fP 17970 S. US HWY 301 Summerfield, FL 34491 (2) -55 Self- ml Marion Oak Trace WTP 8390 SW 104th PI, Ga44 Deal,, FL 382 165/200 LOW s;Wer 6. QUALITYAMVRAMOF MFEiYAAv TRAIAaW 6.1 Sampling and Testing 6.1.1 All Sampling and Testing shall be in accordance with EPA and AWWA B300-10 standards and in accordance with the documents titled: "The Weight Percent Determination of Sodium Hypochlorite, Sodium Hydroxide, And Sodium Chlorate in Liquid Blead' and "Suspended Solids Quality Test for Bleach Using Vacuum Filtration", distributed by Powell Fabrication and Manufacturing, Inc. and available at http:/Iwww.aowelifab.com. 6.1.2 The approved laboratories are listed below for all sampling and besting whether during the bidding period or after award. No other Laboratory shall be used unless expressly authorized as an Addendum to the bid issued by Marion County amending the Specification or an amendment to the contract between Marlon County and Contractor, NovaChem Laboratories (513) 523-3605 5172 College Corner Pike, PO Box 608, Oxford, Ohio 45056 19W265 CNT I Page 11 Or 16 EXHIBIT A Thornton Laboratories (813) 223-9702 1145 East Cass Street Tampa, Florida 33602 Aqua Pure (352) 355-2383 3855 East Sihrer Springs Boulevard, Suite 107, Ocala, Florida 34479 6.1.3 Sampling -and Testing Prior to Unloading: The Contractors delivery trader shall have a sample port to provide a sample for analysis. At the sole discretion of Marion County, the Contractors delivery personnel (driver) may be asked to provide a sample of liquid sodium hypoichbrite before the shipment is unloaded. Marion County will supply the sample container and the driver shall collect the sample from the tank truck and turn it over to Marion County. The sample shall be considered representative of the lot. Marion County reserves the right to subject samples of the liquid sodium hypochlorite to quick analyses to ensure that it rrleet55 basic conditions of the specification with respect to specific gravity, weight percent of sodium hypochlorite, sodium hydroxide, and suspended solids. Any lot tested by Marion County that fails to comply with the Specification shall constitute grounds for rejection of that lot. No payment shall be made for hypochlorite that is rejected. The Contractor or its subcontractors shall allow 60 minutes for this testing to be completed. If testing cannot be completed within the 60-minute period, Marion County shall allow the Contractor to unload the shipment In the event that the load is rejected, the Contractor shall have flour (4) hours to supply another shipment. In the event that the Contractor is unable or unwilling to supply another shipment within this time period, Marion County has the right to procure a shipment from another source and this will failure to deriver shall constitute a second rejection. If a delivery tested and fails to meet the chIvine content requirements, the delivery will be rejected and the contractor will be responsible for providing replacement product within 4 hours. In the event any product load fails laboratory testing and must be rejected after delivery, the contractor will be responsible for removing the failed product and providing replacement product within 6 hours. In the event that the Contractor is unable or unwilling to supply another shipment within this time period, Marion County has the right to procure another shipment from another source. Failure to delivery replacement product will constitute a second product rejection. Three rejections of a lot or shipment during any period of this contract shall constitute automatic termination of the Contractors supply contract with Marion County. 6.1.4 Samaling and Test of Shipment After Unloading. Marion County reserves the right to subject samples of the liquid sodium hypochlorite to complete analyses to ensure that it meets EPA specifications, AWWA B300-10 spe7fHoations, and the Specification. 6.1.5 Certified Analvsis. Contractor shall supply an affidavit, signed by a corporate designated official, certifying that the liquid sodium hypochlorite fumished by the Contractor, complies with all applicable requirements of this Specification and AWWA Standard B300-04, latest revision in addition to a third party analysis of its sodium hypochk rite in aomrdance with Section 6.1. 6.2 Sodium Hypochbtite Tank Cleanings 6.2.1 At any time during the perf6nnance of this Agreement, if Marion County has any sort of sludge or other impurity buildup in any of its sodium hypochlorite tanks, the Contractor shall ceanout the tank at no charge to Marion County within seven (7) days, unless such timeframe is extended by Marion County. The cleanout should be done in such a manner so that it is done safely with no loss of disinfection to the affected plant and the contents disposed of in accordance with current regulations on disposal of hazardous wastes. The Contractor shall submit a procedure to Marion County for approval prior to this work being completed. The determination of whether there is any such sludge or impurity buildup in the tanks will be at the sole d'scretion of Marion 198-265 CWT I Page 12 of 16 EXHIBIT A County. When the tank has been properly cleaned, the Contractor shall refill the tank with dean, fresh sodium hypochlorite at no cost to Marian County. 7. OCCUPATIOINAL KML77f AND SA FM 7.1 Contractor Safety Requirements 7.1.1 Contractor must ensure derwery personnei's compliance With all OSHA requirements, including personal protective equipment for Contractor delivery personnel, including without limitation chemical goggles, transparent face shield and hard hat, rubber gloves, rubber toots, and rubber or plastic -coated fabric apron or slicker suit. Contractor delivery personnel must wear at minimum, chemical goggles and rubber gloves when handling hoses and valves. 7.1.2 Contractor delivery personnel must remain within a safe proximity while the transfer is in progress and oontinuously monitor for leaking hoses, connections, or other problerrrs. It is the responsibility of Contractor delivery personnel to contain leaks and to report any and all spills. 7.2 Material Safety Data Sheets. In compliance with Chapter 442 Florida Statutes, any chemical delivered from a Contractor must be accompanied by a Material Safety Data Sheet (MSDS). The MSDS must be maintained by the user agency and must include the foliowing information: • The Chemical Name and the common name of the toxic substance • The hazards and other risks in the use of the toxic substance indudiM-. The potential for fire, explosion, corrosively and reactivity; The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and - The primary routes of entry and symptoms of overexposure. • The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of, or exposure to, the toxic substances, including appropriate emergency treatment in the case of overexposure. • The emergency procedure for spills, fire, disposal and first aid. • A description, in lay terms, of the known specific potential health risks posed by the toDdc substarxe intended to alert any person reading this information. • The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. • Any questions regarding this requirement shall be directed to: Department of Labor and Employment Security Bureau of Industrial Safety and Health Toxic Waste Information Center 2-551 Executive Center, Orde West Tallahassee, Florida 32301-5014 Phone: 800/367-4378 7.3 Emergency Plan of Action and Safety Training 6.3.1 Within 30 days of award and acceptance of the contract for the supply of liquid sodium hypochlorite, the Contractor shall provide in writing, an emergency contingency plan, with appropriate telephone contacts, for Marion County to follow in case an emergency supply of liquid sodium hypochlorite is needed. The Contractor shall supply in writing, an emergency spill response plan with appropriate emergency response personnel names (to include at least two degreed engineers who live within one hundred fifty miles of Marion County) and telephone contact numbers (24-hour contract numbers) within 30 days of award and acceptance of the contract to supply liquid sodium hypochlorite. In addition, the proper spill response notification procedure, along with any forms required by all local, state or federal regulatory agencies, shall be supplied by the Contractor. This section in no way relieves the Contractor of his responsibility 196-265 CKT I Page 13 of 16 EXHIBIT A to notify the proper regulatory agencies in the event of a spill incident. In the event of a spill or leak, the Contractor shall supply the necessary personnel (including one degreed engineer) to immediately respond to such an event, to work with the local Hazardous Materials Response Team and to manage and oversee "After Event" cleanup efforts. Should a spill or leak occur, caused by Contractor's personnel, equipment or method of delivery, Contractor shall immediately oomph' with all applicable terms and conditions of the aurent version of Title III, Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C.S. 11001, et seq. (SARA) and the Florida Hazardous Materials Emergency Response and Community Right to Know Act of 1988, Chapter 252, Part II, Florida Statutes. The responsibility for compliance with Federal and State rules and regulations regarding Contractor caused spills or releases shall be the sole responsibility of Contractor. The Contractor shall indemnify and hold Marion County harmless for any failure to property report and /or comply with this provision. In addition, Contractor shall bear all expenses of spills, unless caused by the sole negligence of Marion County. 7.3.1 Safe Handling Training. The Contractor shall provide an appropriate safe handling training course for liquid sodium hyporhlorite within the first month of the contract, to all current Marion County operations personnel and shall be available to conduct "refresher" courses or new employee training at sic (6) month intervals during the contract period. The Contractor shall provide this assistance at no charge to Marion County. 7.3.2 Technical Assistance. The Contractor shall provide engineering and technical assistance, as needed, regarding the application of its product and disposal and handling of residues and slu lge's produced by the application of liquid sodium hypochlorite in the water and wastewater treatment process. This expertise shall extend to the apprrcation of all other chemicals used by Marron County in its water treatment and wastewater treahnent plants. The Contractor shall provide this assistance at no charge to Marion County. S. EQUIPMENT SUPIDL Y From time to time as required by Marion County, Marion County may direct Contractor to supply chemical feed equipment including pumps and associated parts. Marion County may require any of this equipment from the Contractor during the term of the sodium hypochlorite supply agreement, with no minimums guaranteed. Contractor agrees to supply to Marion County within three (3) worldng days of an order. Contractor shall include a price list with his submittal for the folloMng iterrts and pricing shall be held firm for the length of the contract. CPI adjustments shall apply. Shipping shall be included FOB, Ocala, FL, with no minimum order. • 3/8" Teflon Tubing • 1.4" Teflon Tubing • 3/8" JacDr Fittings 'A" )acor Fittings 1/2" to 3/8" Schedule 80 PVC reducer bushing • 'h" to 1A" Schedule 80 PVC reducer bushing Pulsatron Series A+ LB04SA-WC9-)00( 24 GPD/100 psi • Pulsatron Series A+ L864SA-WC9-)= 30 GPD/100 psi • Pulsatron Series E+ LPE4SA-WC9-)= 44 GPD1100 psi • Pulsatron Series E+ LPH6MA-VTC3-XXX 120 GPD/100 psi • Pulsatron Series E+ LPHSSA-WC3-520 76 GPD1150 psi • Pulsatron Series E+ LPGSSA-WC3-520 76 GPD/150 psi • Pulsatron Series E+ LPG5SA-WC3-520 96 GPD/100 psi • Pulsatron Series MP LME4TA-VTC1-500 44 GPD/100 psi • K4WC9 KOPKIT (24/30/44 GPD) • L0301100-THY (1) Diaphragm 24/30/44 • 5PKDIA4 (5 pk) Diaphragm 24/30/44 • Suction Valve L3101TCI-PVC 24/30/44 • Discharge Valve L3201VCD-PVC 24/30/44 190-265 GNT 1 Page U or 16 EXHIBIT A • Degassing Valve L3200DV1-PVC 24/30/44 • Injection Valve Assembly J612-37 24/30/44 • Injection Valve Assembly J41873 • K6VTC3 KOPKIT (120 GPD) • Bleeder Valve (120 GPD) L330OT03-PVC • Suction Valve L3101TC3-PVC (120 GPD) 120 GPD/100 psi • Discharge Valve L3201TC3-PVC (120 GPD) 120 GPD/100 psi • X250EV1TCRAC.3 1/3 HP motor 29 GPM • Calcium Hypochlorite (HTH) 68% Minimum Available Chlorine 65% (100 lb. pails) HIGH TEST CALCIUM HYPOCHLORITE (HTH) GRANULAR SPECIFICATIONS 1. Granular Chlorine Calcium Hypochkxite (HTH) 68% minimum available chWne 65%. 2. Granular Chorine Calcium Hypochor►te (HTH) cost per each 100 pound pail. 3. Delivery shall be FOB, Ocala FL at the five (5) below Marion County Wastewater Facilities: • Golden Ocala Wastewater Treatment Facility 2550 NW 701' Avenue Ocala, Florida 34482 • Oak Run Wastewater Treatment Facility 11400 SW 90"' Terrace Ocala, Florida 34481 • Salt Springs Wastewater Treatment Facility SR19&SR316 Salt Springs, Florida 32134 • Silver Springs Shores Wastewater Treatment Facility 450 Emerald Road Ocala, Florida 34472 • Stonecrest Wastewater Treatment Facility 17200 SE 115"' Avenue Summerfleld, Florida 34491 HIGH TEST CALCIUM HYPOCHLORITE (HTH) GRANULAR SPECIFICATIONS 1. High Test Chorine Calcium HypochlorKe granules are used for disinfection and ordered in 100 pound pails of 68% minimum available chlorine 65%. 2. Delivery shall be FOB, Ocala FL at the five (5) below Marion County Wastewater Facilities: • Golden Ocala Wastewater Treatment Facility 2550 NW 701�' Avenue Ocala, Florida 34482 • Oak Run Wastewater Treatment Facility 11400 SW 901' Terrace Ocala, Florida 34481 • Salt Springs Wastewater Treatment Facility SR19&SR316 Salt Springs, Florida 32134 • Silver Springs Shores Wastewater Treatment Facility 450 Emerald Road Ocala, Florida 34472 • Stonecrest Wastewater Treatment Facility 17200 SE 115 t, Avenue Summerfield, Florida 34491 1W265 CNT I Page 15 of 16 EXHIBIT B 19B-265 Bulk Chlorine Fee Schedule r n )o Da 1.02 of 16 EXHIBIT B 0 D Y S S E Y MANUFAC1URING CO. September 20.2022 Mr. Nate Utteral Water Treatment Plant Superintendent Village of Tequesta. 901 North Dixie Highway Tequesta, Florida 33469 Re: SODIUM HYPOCtILORITE SUPPLY TO V-ILLAGE OF TEQUESTA Encl: (1) Marion County Sodium 1 lypochlorite Piggyback Package Dear Nate. As you know, Odyssey Manufacturing Co. has been suppl}ink; the Village of Tequesta sodium hypochlorite for the past eight years. Currently, the Village of Tequesta is being served under a piggyback arrangement using Bay County's contract at a rate of $.835 per gallon that expires on September 30, 2022. Bay County elected to not renew the contract and recently bid and Odyssey was the low bidder at $l .35 per gallon. Unfortunately, the contract approval will not occur until mid - October. As such, Odyssey Manufacturing Co_ agrees to permit the Village of Tequesta to piggyback Marion County's sodium hypochlorite effective October 1, 2022 at a price of $1.25 per gallon. This contract was approved this morning by Marion County at their Board Meeting at $1.25 per gallon through September 30, 2023_ This contract has two more one-year renewals remaining. As such, effective October 1, 2022, Odyssey proposes to sell the Village of Tequesta its Ultrachlor 12.5 Trade Percent sodium hypochlorite for the firm lump sum price of $125 per gallon using a piggyback from Marion County Utilities. This price is fixed and there are no fuel surcharges or delivery fees. This contract expires September 30, 2023 and has two more one-year renewals. I have attached a copy of the original bid package, our bid, the contract, and the renewal documentation (see Enclosure (1)). 1 will forward you an executed copy of the Marion County amendment as soon as I get it back. Shari Chinevere is the point of contact with Marion County C 352-671-8648. This proposal to piggyback is made with the understanding that Odyssey Manufacturing would continue to supply your Utility's bulk sodium hypochlorite needs. As part of the chemical supply, Odyssey will continue to provide technical assistance to your facilities as required as we have done in the past. As you know, chemical pricing (and all other pricing for that matter) has been going up at a rapid rate this past year. The renewal letter to Marion County contains the justification for the proposed increase. Thanks for your consideration. Please do not hesitate to contact me at (813) ODYSSEY or cellular (813) 335-3444 if I can be of further assistance. Please let us know if you are agreeable to this piggyback. We appreciate your business and support. Sincerrciv Patrick H. Allman General Manager MANUFACTURERS OF D CHL©R (300) ODYSSEY _ - _ wwwadrsseyrsanufacWrlag�com No Text