HomeMy WebLinkAboutDocumentation_Regular_Tab 12_11/12/2015 .;,,
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Memorandum Utilities Department
To: Michael Couzzo, Village Manager
From: Sam Heady, Deputy Director of Utilities
Date: 10/8/15
Subject: Pigg,y Back Contract for Liquid Caustic Soda
I respectfully present the following Comprehensive Analysis to the Village Manager.
Orange County, Florida has recently awarded a contract with Brenntag Mid-South, Inc for the
procurement of Liquid Caustic Soda 50%. The Village would like to use the existing contract to
piggy back for these reasons:
1. The cost for the product from Brenntag was lower than the other providers.
2. The product that Brenntag produces meets the NSF/ANSI 60 Drinking Water Standard and all
applicable requirements.
Cost: $34,320.00
Staff recommends approval of contract.
RESOLUTION NO. 88-15
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AUTHORIZING PIGGYBACKING THE
CONTRACT BETWEEN BREPINTAG M1D-SOUTH, INC AND ORANGE
COUNTY FOR THE PURCHASE OF LIQUID CAUSTIC SODA 50%
PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
WHEREAS, pricing is piggybacked on the Orange County Contract
No. Y15-1004;
WHEREAS, this good/service was procured with the same level of
formality as the Village would have otherwise required in its Purchasing
Policies and Procedures;
WHEREAS, a copy of the agreement is attached to this Resolution;
WHEREAS, this contract will expire on April 10, 2016; -
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1 Resolution No. 88-15 is hereby awarding a blanket purchase order
to Brenntag Mid-South, Inc for the purchase of Liquid Caustic Soda 50% at the
price of $429 per dry ton;
Section 2 This Resolution shall become effeetive immediately upon passage.
Vllage of Tequesta Date: 10/8/2015
Purchase Order Requisition Date Purchase Order is Req'd:
(Not a Purchase OrderJ Department: Wate� Treatment Plant
t
vlsed IYovembe� 14, 20f 1 Req. #:
Quotes Received: Piggy Back (See Attached) Recommended Vendor: Vendor #:
Vendors Bids Brennta Mid-5outh, Inc
Brennta Mid-South, Inc $429 per dry ton Address: 250 Centraf Florida Parkwa
City: Utiando
State & Zip: FL 32824
f
Comments: This PO Re uest is for the a proval of a contract between Brennta Mid-South, Inc. and the
Villa e of Tequest for the purchase of Li uid Caustic Soda 50% for the Water Treatment Plant.
This [s a Pi Back Co�tract with Oran e Count , Florida contract No. Y15-1004.
Manuf.! Available Balance
ltem Description Part# Qty. Unit Price Totaf Cost Account # Finance Use Onl )
scic soda Dr Tans 80 $ 429.00 $ 34,320.00 401-242 552.342
�
$ -
$ -
$ -
$ - �
$ -
$ -
$ -
$ -
Total: $ 34,320.00
Finance/Administrative Use Onlv:
The DepaRment Drrecfor's /Designee's signature be/ow ceKifies fhat (1) this purchase order requisition is compiete and in compliance with the Viflage's
Purchasing Policies and Procedures and (2) all procurement requirements ha een satis�ed
Department Director / Des' nee Si nature: Date: ��l '�/!
The Finance DepaRment signature be/ow certiFes that (t) this requiski has been approved by an authorized DepaRmenl Director / pesrgnee, (2) that fhe
�sct account numbers have beer+ used and (3) there is adequate (unding in the accounts listed.
Finance S' nature: Date:
Villa e Mana er Approval: Date:
�Ilage Council Approval: Resolution #: Qate:
VILLAGE OF TEQUESTA
CONTRACT FOR PURCHASE OF LIQUID CAUSTIC SODA
THIS CONTRACT is entered into and effective this day of November 2015, 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 accord-
ance with the laws of the State of Florida, hereinafter "the Village"; and B RENN TA G M I D-
SOUTH, INC., a foreign corporation with offices located at 1405 Highway 136 West, Hender-
son, Kentucky 4240, and local offices at 250 Central Florida Parkway, Orlando, Florida 32824,
hereinafter "the Contractor".
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 Village and the Contractor both hereby agree to
enter into this Contract whereby the Contractor shall provide commercial grade 50% Liquid
Caustic Soda, also known Sodium Hydroxide, for use in potable water treatment and in conform-
ance with ANSI/NSF Standard 60 and AWWA Standard B501 (as applicable) to the Village's
Water Treatrnent Facility at 901 North Old Dixie Highway in the Village. Pursuant to the
September 29, 2015 correspondence from the Contractor to the Village, aitached hereto as
Exhibit A, the Village is authorized to piggyback for the goods described above from the April
15, 2015 Term Contract (#Y15-1004) for Liquid Caustic Soda 50% and the January the 8, 2015
Invitation For Bids (#Y15-1004-JS) between Orange County Board of County Commissioners
and the Contractor, atta.ched hereto as Exhibit B and Exhibit C, respectively. All exhibits are
hereby incorporated into this Contract as if fully set forth herein.
2. COMPENSATION: Pursuant to Exhibit C(as set forth at page 29 of the "Bid
Response Form"), and in consideration for the above Scope of Services, pricing is as follows:
Commercial grade 50% Liquid Caustic Soda -$429.00 per dry ton, FOB Destination.
3. INSURANCE AND INDEMNIFICATION: The Contractor shall provide
proof of workman's compensation insurance and liability irisurance in such amounts as are
specified in section 13, "Insurance Requirements," at pages 19 until 22, of Exhibit C and sha11
name the Village as an"additional insured" on the liabiliiy portion of the insurance policy. The
Contractor sha11 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 u.nder this Contract.
4. PUBLIC ENTITIES CRIMES ACT: As provided in sections 287.132-133,
Florida Statues, by entering into this Contract 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 Sta.te of
Florida Departrnent of Management Services within thirry-six (36) months immediately preced-
ing the date hereof. This notice is required by section 287.133(3)(a), Florida Statutes.
5. TERMINATION; NOTICE: This Contract may be ternunated by either party
upon thirty (30) days written notice to the other party, in accordance with E�ibit C. 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 Contractor
Village of Tequesta Brenntag Mid-South, Inc.
345 Tequesta Drive 250 Central Florida Parkway
Tequesta, FL 33469-0273 Orlando, FL 32824
Attn: Director of Utilities Attn: Stephanie Ubach
6. 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 agrees that this Contract 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.
7. ATTORNEY'S FEES: In the event a dispute arises concerning this Contract, the
prevailing party sha11 be awarded attorney's fees, including fees on appeal.
8. CHOICE OF LAW; VENUE: This Contract shall be governed and construed in
accordance with the laws of the Sta.te of Florida, and venue shall be in Palm Beach County
should any dispute arise with regard to this Contract.
9. . AMENDMENTS & ASSIGNMENTS: This Contract, a11 Exhibits attached hereto, and
required insurance certificates constitute the entire Contract between both parties; no modifica-
Page 2 of 4
tions sha11 be made to this Contract unless in writing, agreed to by both parties, and attached
hereto as an addendum to this Contract. The Contractor sha11 not transfer or assign the provision
of goods called for in this Contract without prior written consent of the Village.
10. INSPECTOR GENERAL: Pursuant to Article XII of the Pa1m 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. All parties doing
business with the Village shall fu11y cooperate with the inspector general in the exercise of the
inspector general's functions, authority, and power. The inspector general ha.s 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.
11. PUBLIC RECORDS: In accordance with section 119.0701, Florida Statutes, the
Contractor must keep and maintain this Contract and any other records associated therewith and
that are associated with the performance of the work described in the Scope of Services. Upon
request, the Contractor must provide the public with access to such records in accordance with
access and cost requirements of chapter 119, Florzda Statutes. Further, the Contractor shall
ensure that any exempt or confidential records associated with this Contract or associated with
the performance of the work described in the Scope of Services are not disclosed except as
authorized by law. Finally, the Contractor shall retain the records described in this paragraph
throughout the performance of the work described in the Scope of Services, and at the conclusion
of said work and upon request, transfer to the Village, at no cost to the Village, all such records in
the possession of the Contractor and destroy any duplicates thereof. Records that are stored
electronically must be transferred to the Village in a format that is compatible with the Village's
information technology systems.
Page 3 of 4
I N W I T N E S S W H E R E O F, the parties hereto have executed this Contract on the
date and year first above written. ,
WITNESSES: BRENNTAG MID-SOUTH, INC.
Joel R. Hopper, President
(Corporate Seal)
VILLAGE OF TEQUESTA
ATTEST: Abigail Brennan, Mayor
(Sea1)
Lori McWilliams, MMC
Town Clerk
Page 4 of 4
j�N PITRCHASING AND COn�TI2�iCI5 vIVISION
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c�TY
��� TERM CONTRACT NO.Y15-1004
F L O N 1 p A
Liquid Caustic Soda 50°/p
T�: Brenntag Mid-South, Inc.
250 Centrai Florida Parkway
Orlando, FL 32824
This is to inform you that the Orange County Board of County Commissioners
hereby enters into a term contrac# subject to the following:
TERMS AND CONDITIONS
1. Acceptance:
This contract is our acceptance of your offer in response to our
Invitation for Bids No. Y15-1004-JS, Liquid Caustic Soda 50% —
TERM CONTRACT, and is subject to all terms and conditions therein.
2. Term of Contract:
A. This is a term contract for the time period specified in the
referenced Invitation for Bids, far the products/services covered
by this contract. The County is not obligated to purchase any
minimum amount of p�oducts or services, unless otherwise
sfipulated in the Invitation for Bids.
B. This contract is effective April 11, 2015, and shall �emain in
effect through April 10, 2016. The estimated contract award for
this period is $589,446.00. '
C. This canfract may be renewed upon mutual , agreernent. a�
provided in the Invitation for Bids. Any amendments to this
contract must be in wrifing and signed by both parties. Such
amendment(s) must be signed by the representative of the
Orange County Procurement Division to be valid, binding, and
enforceable.
D. This cantract may be cancelled or terminated as provided far in R
tF►e (nvitation for Bids.
Page 1 of 2
3. Ordering against Contract:
A. Unless otherwise specifed in the Invitafion for Bids, the County wifl
place orders by issuance of a numbered Delivery Order against this
cantract. Each Delivery Order will specify fihe quantity, description
and location for delivery.
B. The obligations of Orange County under this contract are subject to
need and availability of funds lawfully appropriated for its purpose
by the Board of County Commissioners.
4. Taxes:
The Caunty has the following tax exemption certificates assigned.
A. Certificate of Registry No. 59-70-004K for tax free transactions
under Chapter 32, Internal Revenue Code;
B. �lorida Sales and Use Tax Exemption Certificate No. 85-
$012622266C-Q.
5. Invoicing:
A. Invoices must be submitted, in duplicate, refe�encing this cantract
number and the Delivery Order to:
Orange County Utilities Department
Water Division
8100 Presidents Drive, 2" Floor
Phone 4U7-836-6236
B. Invoices against this confract are authorized anly at the prices
stated in your bid response, unless otherwise provided in the
I nvitation for Bids.
6. Af! requirements contained in any addenda fo the solicitatian for this
procurement are part of and hereby Incorporated into this contract.
BOARD fJF COUNTY COMMISSIONERS
ORANGE COUNTY, FLORIDA
BY: �
J m . Schell Jr., C.P.M., CPPB, FCPA
Procurement Division
DATE: K ' � 5 � �15
Revised (11/16/12} Page 2 of 2
RELATIONSHIP DISCLOSURE FORM
FOR USE WITH PROCUREMENT ITEMS, EXCEPT THOSE WHERE THE COUNTY
IS THE PRINCIPAL OR PRIMARY PROPOSER
For procurement items that wil( come befare the Board of County Commissioners for
final approval, this form shall be completed by the Bidder and shali be submitted to the
Procu�emenf Divisian by the Bidder.
In the event any information provided on this form should change, fhe Bidder must file
an amended foRn on or before the date the item ,is cansidered by the appropriate board
or hody.
Part I
INFORMATION ON BIDOER:
Legal Name of Bidder:
�Re nr�-�nr� �.'�r►� � � u�-In � ru'
Business Address (StreeUP.O. Box, City and Zip Code):
_�� �� r-� � ��Dt2.1�p► 1�A-P l�l-��.I
D2.1 A-�..a �t� �t c�e_� t� A�- �,2�, _
` Business Phone (�b�( ) �5 • � 31 p
Facsimite: ( � }_ g51 • �S 12
INFORMATION ON BIDDER'S AUTHORIZED AGENT, IF APPLlC tE:
(Agent Autharixation Form also required to be attached)
Name of Bidder's Authorized Agent:
Business Addrsss {StreeUP.O. Box, Ci d Zip Code):
Business Phone: )
Facsimile: ( )
Page 1
From: Tim MakinL*er/Mid-South/erenntaa
; To: Terrlauft. Michelle
Cc: Lanham, Kvle: Headv. 5amuel
5ubject: RE: Caust%c Soda Piggy-back
Date: Tuesday, September 29, 2015 4:54:10 PM
Hey Michefle,
Great news! I iiterally talked to the girl who har�dles the bids this morning and you were on my
list to email tonight.
We got the okay to piggy-back off of Orange County at $429/dry ton.
Hopefully, that will work for you guys. Please let me know so we can get everything set up for
yau.
Thank you,
Tim
From: Terriault, Michelle [mailta:mterriault@tequesta.org]
Sent: Tuesday, September 29, 2015 3:17 PM
To: Tim Makinster/Mid-Sauth/Brenntag <TMakinster@brenntag.com>
Cc: Lanham, Kyle <klanham@tequesta.org>; Heady, Samuel <sheady@tequesta.org>
Subject: Caustic Soda Piggy-back
Hi Tim —
Do you know of a piggy-back city contract we could join for Caustic Soda 50%? We'd appreciate it if
you couid find out for us. Thanks.
�3� ��,�.,
��� ����
Viltage of Tequesta
Water Treatment Facility
901 N. Old Dixie Hwy.
Tequesta, florida 33469
Te1.561-768-0440
Fax.561-427-0224
Email: mterriauith�tp�uesta.ore
fi'�'''
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-- —_ - - - _
THE VILLAGE QF TEQUESTA
PIGGYBACKING CHECKLIST
instructions: This form is to be completed for any purchase of goods, or contract for services where the Village
will utilize a contract competitively bid by another governmental agen�y (i.e. "Piggyback").
Department: Utilities Date: 10/8/2015
Item/Service Provide Liquid Caustic Soda for the Water Plant
Vendor/Service Provider Brenntag Mid-South, lnc
Q State Contract # Q Other Govemmental Agency
*Chapter 257, F.S.
If piggybacking a State Contract please stop here.
Name of Governmental
1 Agency Orange County (Y15-1004)
YES NO
Is the contract current? Effective date: 04/11/2015 Expiration � �
2 Date:_04/10/2016
� �
3 Was item/service bid out in compliance with the Village's Purchasing Policies & Procedures?
Is the price that the Village will receive by piggybacking equal to the price obtained by the agency � �
4 named above?
0 �
5 Does the contract contain an assignability clause?
If the answer to question # 5 is no, has the governmental agency given the Viltage permission to � �
6 piggyback on the contract?
� 0
7 Has the vendor/service given the Village permission to piggyback on the contract?
� � 'li`� I ( S
Department Head Stgnature Date