HomeMy WebLinkAboutDocumentation_Regular_Tab 14_11/12/2015 - ?
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MeyIZOYa1Zl�l�hZ Utilities Department
To: Michael Couzzo, Village Manager
From: Sam Heady, Deputy Director of Utilities
Date: 9/21 /15
Subject: Piggy Back Contract for Antiscalant AWC A-102
I respectfully present the following Comprehensive Analysis to the Village Manager.
The Town of Jupiter has awarded a contract with American Water Chemicals, Inc (AWC) for the
procurement of Antiscalant AWC A-102. The Village would like to use the existing contract to
piggy back for these reasons:
1. The cost for the product from AWC was lower than the other providers.
2. This is the third year to use AWC and the second year AWC has not increased their cost to
provide Antiscalant to our water plant.
3. The product that AWC produces meets the NSF 60 Drinking Water Standard and meets the
chemical compatibility with the R.O. unit.
Cost: $9,180.00
Staff recommends approval of contract.
RESOLUTION NO. 90-15
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AUTHORIZING PIGGYBACKING THE
CONTRACT BETWEEN AMERICAN WATER CHEMICALS, INC. AND
THE TOWN OF JUPITER FOR THE PURCHASE OF ANTISCALANT
PROVIDING FOR SEVERABfL1TY; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
WHEREAS, pricing is piggybacked on the Town of Jupiter's contract
No. (W1432F);
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 September 30, 2017;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1 Resolution No. 90-15 is hereby awarding a blanket purchase order
to American Water Chemicals, Inc for the purchase of Antiscalant at the price of
$0.765 per pound;
Section 2 This Resolution shall become effective immediately upon passage.
�Ilage of Tequesta Date: 10i20/2015
Purchase Order Requisition Date Purchase Order is Req'd:
(Not a Purchase Order) Qepartment: Water Treatment Plant
'Revised November 14, 2011 Req. #:
Quotes Received: Pi�gyback (See Affached) Recommended Vendor: Vendor #:
Vendors Bids American Water Chemicals
American Water Chemicals � $0.765/Ibs Address: 1802 Corporate Center Lane
City: Plant City
State 8� Zip: FL 33563
Comments: This PQ Re uest is for the approval of a contract between American Water Chemicals, Inc. and
the Villa e of Tequesa for the purchase of Antiscalant AWC A-102 for the Water Treatment Plant.
This is a Pi back Contract with the Town of Jupiter, Contract No. {W1432F).
Manuf./ � Available Balance
ftem Description Part# Qty. Unit Price Total Cost Accounf # (Finance Use Only)
C) a'T � `�
Antiscalant AWC A-102 12,000 $ rY7'I $ 9,180.00 401-242 552.342
$ -
f $ _
$ -
$ -
$ -
I
$ -
� -
$ -
Total: $ 9,180.00
Finance/Administrative Use Onlv:
The Department Director's / Designee's signature below certifies fhat (1) t rs purchase order requisition rs complete and rn compliance with the Vilfage's
Purchasing Policies and Procedures and (2) all procurement requiremen have been satisfied.
Department Director / Desi nee Si nature: � Date:l�J 2. �
The Frnance Departmenf signature below certifes that (t) this req ilion has 6een approved by an authorized Department Director/Designee, (2J that fhe
conect account numbers irave 6een used and (3) there is adequate funding in the accounts tisted.
Finance Si nature: Date:
_._-a - _ _ . ; �
Villa e Mana er Ap roval: ---' ""`"��- Date: /� �- �� S
Village Council Approval: Resolution #: Date:
VILLAGE OF TEQUESTA
CONTRACT FOR PURCHASE OF NANOFILTRATION ANTISCALANT
THIS CONTRACT is entered into, and effective, this 23� day of October, 2015, by and
between the VILLAGE OF TEQUESTA, FLORIDA, a 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 "Village"; and AMERICAN WAT'ER CHEMICALS,
INC., a foreign corporation with local ofFces located at 1802 Corporate Center Lane, Plant City,
Florida 33563, hereinafter "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 suff'iciency of which is hereby
acknowledged by both parties, hereby agree as follows:
1. SCOPE OF SERVICES: The Village and the Contractor bath hereby agree to
enter into this Contract for Purchase of nanofiltration antiscalant, whereby the Contractor shall
provide nanofiltration antiscalant (the "Product") for the Village's utility department. Pursuant to
the Contractor's September 29, 2015 correspondence, attached hereto as Exhibit A, the Village is
authorized to piggyback through September 30, 2017, on the Contractor's current contract with the
Town of Jupiter, which was originally procured by the Town of Jupiter in accordance with
procedwres that comply with the Village's procurement requirements. The Town of Jupiter
contract, and awazd letter dated July 22, 2014 are attached hereto as Composite Exhibit B and is
hereby incorporated into this Contract as if fully set forth.
2. COMPENSATION: Pursuant to Composite Exhibit B, and in consideration for
the above Scope of Services, pricing is as follows:
nanofiltration antiscalant - $0.765 per lb. FOB.
The Village shall pay the Contractor after receipt of the Product, and within thirty (30) days of
receipt of an invoice documenting the amount due.
3. INSURANCE AND INDEMNIFICATION: The Contractor shall provide proof
of workman's compensation insurance and liability insurance in such amounts as are specified on
Composite Exhibit B, shall name the Village as an "additional insured" on the liability portion of
Page 1 of 4
the insurance policy. 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, his/her agents, servants, or employees in the performance of
services under this Contract.
4. PUBLIC ENTITIES CRIMES ACT: As provided in Sec. 287.132-133, Florida
Sttttues, by entering into this Contract or performing any work 'vn furtherance hereof, the
Contractor certifies that it, its aff'iliates, suppliers, subcontractors and consultants who will
perform hereunder, have not been placed on the convicted vendor list maintained by the State of
Florida Department of Management Services within thirty-six (36) months immediately preceding
the date hereof. This notice is required by Sec. 287.133(3)(a), Florida Statutes.
5. TERN.�IATION: NOTICE: This Contract may be terminated by either party
upon thirty (30) days written notice to the other party. Notice shall be considered sufficient when
sent by certi�ed mail or hand delivered to the parties at the following addresses:
Village Contractor
Village of Tequesta American Water Chemicals, Inc.
345 Tequesta Drive 1802 Corporate Center Lane
Tequesta, Florida 33469 Plant City, Florida 33563
Attn: Director of Utilities Attn: Rudy Canezo, Director
6. IlVDEPENDENT CONTRACTOR: It is specifically understood that the
Contractor is an independent contractor and not a.n emplayee of the Village. Both the Village and
the Contractor agree that this Contract is not a contract for employment and that no relationship of
Employee/Employer or PrincipaUAgent 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 shall be awarded attorney's fees, including fees on appeal.
S. CHOICE OF LAW: VENLJE: This Contract shall be governed and canstrued in
accordance with the laws of the State of Florida, and venue shall be in Palm Beach County should
any dispute arise with regazd to same.
9. AMENDMENTS AND ASSIGNMENTS: This Contract, all E�ibits attached
Page 2 of 4
hereto, and requ�red insurance certificates constitute the entire Contract between both parties; no
madifications shall be made to this Contract unless in writing, agreed to by both parties, and
attached hereto as an addendum to this Contract. The Contractor shall not transfer or assign the
performance of services called for in the Contract without prior written consent of the Village.
10. INSPECTOR GENERAL: Pursuant to Article XII of the Palm Beach County
Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters,
review and audit municipal contracts and other transactions, and make reports and
recommendations to municipal governing bodies based on such audits, reviews or investigations.
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. T'he inspector general has the
power to take sworn statements, require the production of records and to audit, monitor,
investigate and inspect the activities of the Village, as well as contractors and lobbyists of the
Village in order to detect, deter, prevent and eradicate fraud, waste, mismanagement, misconduct
and abuses.
11. PUBLIC RECORDS: In accordance with Sec. 119.070I, Florida Statutes,
Contractor must keep and rnaintain 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, Contractor must provide the public with access to such records in accordance with access
and cost requirements of Chapter 119, Florida Statutes. Further, Contractor shall ensure that any
exempt or conf'idential 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,
Contractor shall retain the records described in this paragraph throughout the perfarmance 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 tYie Village, all such records in the possession of Contractor and
destroy any duplicates thereof. Recards that are stored electronically must be transferred to the
Village in a format that is compatible with the Village's information technology systems.
IN WITNESS WHEREOF, the parties hereto have executed this Contract the date and
year first above written.
Page 3 of 4
WITNESSES: A,'�1ERICAN WATER CHEMICALS, INC.
RUDY CANEZO, Director
(Corporate Seal)
VILLAGE OF TEQUESTA
�____.�w.. _
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ATTEST: Michael Couzzo, Village Manager
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Lori McWilliams, MMC ,.,�'' .: • ' COq,o�"'��
Town Clerk =�.'i � ��•�.�
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Page 4 of 4
THE VILLAGE OF 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 agency (i.e. "Piggyback").
Department: Utilities Date: 9/29/2015
ltem/Service Provide Antiscalant for the Water Plant
�
Vendor/Service Provider American Water Chemicals
� State Contract # � Other Governmental Agency
*Chapter 287, F.S.
If piggybacking a State Contract pfease stop here.
Name of Governmental
1 Agency Town of lupiter
YES NO
Is the contract current? Effective date: Expiration � �
2 Date:_09/30/2017
� � �
3 Was item/service bid out in compliance with the Village's Purchasing Policies & Procedu�es? I
Is the price that the Village will receive by piggybacking egual to the price obtained by the agency � �
4 named above?
� �
5 Does the contract contain an assignability clause?
If the answer to question # 5 is no, has tne governmental agency given the Village permission to � �
6 piggyback on the contract?
� �
7 Has the vendor/service given the Village permission to piggyback on the contract?
-_. I�, � �'-
Department Head Signature Date
i
AGREEA�ENT (CONTRACT)
BETWEEN 4WNER AND SUPPLIER
THIS AGREEMENT is dated as of the � day of n��1�r in the year
2014 by and between Town of Jupiter (hereinafter called OWNER) and American Water
Chemicals, Inc. (hereinafter calied SUPPLIER). OWNER and SUPPLIER, in
consideration of the mutual covenants hereinafter set forth, agree as fol(ows:
Article 1. WORK. SUPPLIER shall complete all Work as specified or indicated in
the Contract Documents. The Work is generally described as fallows:
Supp[y the Town of Jupiter Utilities Water Treatment Plant with nanofiltration
antiscalant for a period of one year beginning October 1, 2014 through
September 30, 2015 in accordance with the Base Bid and contract specifications
or supply the Town af Jupiter WTP with nanofiltration antiscalant for a period of
three years beginning October 1, 2014 through September 30, 2017 in
accordance with the Altemate Bid and contract specifications.
The Project for which the Work under the Contract Documents may be the whole or only
a part is generally described as follows:
CHEMICAL BID W1432F
COPITRACT FOR SUPPLYING NANOFILTRATION QNTISCAU4NT
FOR
TOWN OF JUPITER UTILITIES
JUPITER, FLORIDA
Article 2. GOODS AND SERVICES. SUPPLIER shall furnish the Goods and other
services as specified or indicated in the Procurement Documents. The Goods to
be furnished are generally described as follows:
Town of Jupiter Utilifies
Chemical Bid W1432F
Contract for Supplying Nanofrltration Antiscalant
Article 3. POINT OF DELIVERY. The place where the Goods are to be delivered is
the point of delivery and is designated as:
Town of Jupiter Water Treatment Plant
17403 Central Boulevard
.{upiter, Florida 33458
23
W1432F
i
Articie 4. CONTRACT TIME.
The Goods are to be delivered to the point of delivery and ready for
OWNER's acceptance of delivery during the month of October, 2014 as
outlined in the specifications, or as agreed on between the Town and
Supplier. Contract shall continue for one ('I) year to September 34, 2015
if the Base Bid is awarded or for three (3} years to September 34, 2017 if
the Alternate Bid is awarded.
Article 5. CONTRACT PRICE.
OWNER shall pay SUPPLIER for fumishing the Goods and Special
Services and for performing other services in accordance with the
Procurement Documents in current funds as follows:
According �o the Total Base Bid Cost F.O.B. (per Pound) or the Total
Alternate Bid Cost F.O.B. (per Pound) as determined by the Owner and as
presentec! in the Notice of Award.
Article fi. PAYMENT PROCEDURES
Payments made by the OWNER will be made via Electronic Funds
Transfer (EFT). SUPPLiER will provide the OWNER with the information
required to make EFT payments.
SUPPLIER shall invoice the Owner after delivery of material and
acceptance by Owner.
Article 7. SUPPLIER 'S REPRESENTATIONS.
in order to induce OWNER to enter into this Procurement Agreement
SUPPLIER makes the foflowing representations:
7.1. SUPPLIER has familiarized himself with the nature and extent of the
Pracurement Documents and has given OWNER written notice of all
conflicts, errors or discrepancies that he has discovered in the
Procuremen# Documents and the written resolution thereof by OWNER is
acceptable to SUPPLIER.
7.2. SUPPLIER has familiarized himself with all loca{ conditions and federal,
state and local laws, ordinances, rules and regulations that in any manner
may affect the production and delivery of the Goods and furnishing of
Special Sen►ices and other seniices in connection therewith.
7.3. SUPPLIER does not require additional information from OWNER to
enable SUPPLIER to furnish the Goods, Special services and other
24
W1432F
.f
services at the Con�ract Price, within the Contract Time and in accordance
with the other terms and conditions of the Procurement documents.
Articie 8. PR4CUREMENT DOCUMENTS.
The Procurement Documents which comprise the entire agreement
between OWNER and SUPPL.IER are attached to, or accompany, this
Procurement Agreement, made a part hereof and consist of the following:
8.1. Advertisement for Bid
8.2. instructions to Bidders
8.3. Proposal
8.4. Sworn Statement
8.5. Notice of Award
8.6. This Procurement Agreement (pages 23 to 28, inclusive).
8.7. Opinion of Town Attorney
8.8. Notice to Proceed
8.9. Procurement Specifications bearing the title
Town of Jupiter
Chemica! Bid W9432F
Contract for Supplying Nanofiltration Antiscalant
8.10. Supplier's Proposal
8.11. Any Mod�cations, including Change Orders, duly delivered after
execution of #his Procurement Agreement.
Article 9. MISCELLANEOUS
9.1. No assignment by a party hereta of any righfs under or interests in the
Procurement Documents will be binding on another party here#o without
the written consent of the party sought to be bound; and specifically but
without limitation, maneys that may become due and moneys that are due
may not be assigned without such consent (except to the extent that the
effect of this restriction may be limited bylaw), and unless specifically
stated to the contrary in any written consent to an assignment, no
25
W9432F
i
assignment will release or discharge the assignor from any duty or
responsibility under the Procuremen# Documents.
9.2. OWNER and SUPPLIER each binds himself, his pa�tners, successors,
assigns and legal representatives to the other party hereto, his partners,
successors, assigns and legal representatives in respect to a11 covenants,
agreements and obligations contained in the Procurement Documents.
9.3. The SUPPLtER is aware that The Inspector General of Palm Beach
County has the authority to investigate and audit matters relating to the
negotiation and per�ormance of this Contract and in furtherance thereof
may demand and obtain records and testimony from the SUPPLIER and
its subcontractors and lower tier subcontractors. The SUPPL.IER
understands and agrees that in addition to other remedies and
consequences provided by law, the failure of the SUPPLIER or its
subcontractors or lower tier subcon#ractors to fully cooperate with the
Office of Inspector General of Palm Beach County when requested may
be deemed by the municipality to be a material breach of this contract
justifying its termination. The Office of Inspectar General in Palm Beach
County is established by Palm Beach County Code, Sectian 2-421 - 2-
440. Failure ta cooperate with the Inspector General or interfering with or
impeding any investigation shall be in violation of Pa(m Beach County
Code, Section 2-421 — 2-4�0, and be punished pursuant to Section
125.69, Florida Statutes, in the same manner as a second degree
misdemeanor.
9.4. The SUPPLIER shall camply with public records laws Chapter 119, Florida
Statutes, specifically to: Keep and maintain public records that ordinarily
and necessarily would be required by the TOWN in order to perForm the
service; Provide the public with access to public records on the same
terms and conditions that the TOWN would provide the records and at a
cost that does not exceed the cost provided in Chapter 119, F.S. 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 exempt as authorized by law; Meet ali requirements for
retaining public records and transfer, at no cost, to the TOWN all public
records in possession of the contractor upon termination of the contract
and destroy any duplicate public records that are exempt of confidentia!
and exempt from public disclosure requirements. All records stored
electronicaNy must be provided to the TOWN in a format that is compatibte
with the information technology systems of the T4WN. If the SUPPLIER
does not comply with a public records request, the public agency shail
enforce the contract provisions in accordance with the contract.
.�
26
W1432F
.j
_�
119.07Q1 Contracts; public records. —
(3} For purposes of this section, the term:
(c) "Contractor" or "SUPPLIER" means an individual, partnership,
corporation, or bus�ness entity that enters into a contract for
services with a public agency and is acting on behaff of the pubfic
agency is provided under s. 119.011(2}.
(d} "Public agency" means a state, county, district, authority, or
municipal officer, or department, division, board, bureau,
commissian, or other separate unit govemment created or
established by law.
(4} In addition to other contract requirements provided by law, each
public agency contract for services rnust include a provision that
requires the contractor to comply with public records laws,
specifically to:
(e) Keep and maintain public records that ordinarily and necessarily
would be required by the public agency in order to perform the
service.
(fl Provide the public with access to public records on the same terms
and conditions that the public agency would p�ovide t�e records
and at a cost that does not exceed the cost provided in this chapter
or as otherwise provided by law.
(g) Ensure that public records that are exempt or confidential and
exempt from pubEic records disclosure requirements are not
disclosed except as authorized by iaw.
(h) Meet all requirements for retaining public records and transfer, at
no cost, to the public agency all public records in possession of the
cantractor upon termination of the contract and destroy any
duplicate public records that are exempt or con�identiaf and exempt
from public records disclosure requirements. Atl records stored
electronically must be provided to the pubfic agency in a focmat that
is compatible with the information technology systems of the public
agency.
If the SUPPLIER does not comply with a public records request, the public agency shall
enforce the contract provisions in accordance with the Contract.
27
W1432F
)
^' 7
iN WITNESS WHEREOF, the parties hereto have signed 2 copies of this Agreement. At
least one counterpart each has been deiivered to OWNER and SUPPLIER. All portions
of the Contract Documents have been signed or identfied by OWNER and SUPPLIER.
� OWNER
Town of Jupiter American Water Chemicals, Inc.
21Q Military Trail 1802 Corporate Center Lane
Jupiter, FL 5$ Plant City, FL 33563
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Kare n Mayor [INSE T S PLIER NAME, TITLEJ
(CORPORATE SEAL)
ATTEST ATTEST
Sally Boylan, To n Cler P T NAME, TtTLE: �
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(TOWN SEAl.) F � pq<,y� ,�-o°.C,�e �t�S
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UTILITIES
, PO BO� 8900
'�'�.: JUPIT�R FL 33468-8900
FAZ (561) 747-5G34
�uiy Zz, Zo�4
Jessaca Townsend
American Water Chemicals, Inc.
1802 Corporate Center Lane
Plant City, FL 33563
RE: Contract for Supplying Nanofiltration Antiscafant {W 14-32F)
Dear Ms. Townsend:
This is to advise that on July 15, 2014, the Jupiter Town Council voted to approve award
of the Contract to supply nanofiltration antiscalant as a result of your bid submitted on
May 2Q, 20'i4 in the amount of $0.765 per pound F.O.B for 3 year(s).
Two (2) sets of Contrac# Documents are included. Each set contains an unexecuted
agreement and the requirement fior attaching a Certificate of Insurance to each (2 tofal).
Please execute both copies af the Agreement and retum them to my attention within
fifteen {15} consecutive calendar days from July 23, 2014.
We look forward to working with your firm on this contract.
Sincerely,
Amanda Barnes, P.E.
Assistant Utilities Director
AZB/bm
Attachment
210 Military Trail • 7upiter, I'lorida 33458 • www.jupiter.fl.us • Phone {561} 746-5134
