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Home My WebLink AboutResolution_04-16_02/11/2016 RESOLUTION NO. 04 -16 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AUTHORIZING PIGGYBACKING THE CONTRACT BETWEEN EVOQUA WATER TECHNOLOGIES, INC. AND THE CITY OF RALEIGH, NORTH CAROLINA FOR THE PURCHASE OF HYDROGEN PEROXIDE AND LEASE OF A CHEMICAL TANK AND EQUIPMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the resolution is awarding a contract to Evoqua Water Technologies for the purchase of Hydrogen Peroxide for $3.61 per gallon; and WHEREAS, the resolution is also awarding a contract to Evoqua Water Technologies for the rental of contractor provided equipment, a chemical tank and equipment for $450 per month; and WHEREAS, the purchase of the chemical and the tank rental have been budgeted in this year's budget and sufficient funds are available in 401 -242 552.342 for the chemical and 401 -242 544.301 for the tank rental; and WHEREAS, pricing is piggybacked on the City of Raleigh, North Carolina, RFP #5230 - 608- FY15- ODORCNTRLv2; and 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. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1 Resolution No, 04 -16 is hereby approved, awarding a contract to Evoqua Water Technologies, Inc for the purchase of Hydrogen Peroxide at the price of $3.61 per gallon and the rental of a chemical tank and equipment for $450 per month, pursuant to pricing based on City of Raleigh, North Carolina, RFP #5230- 608 -FY15- ODORCNTRLv2. Section 2 This Resolution shall become effective immediately upon passage. RESOLUTION 04-16 MOTION SECOND Council Member Frank D'Ambra Council Member Tom Paterno VOTE FOR AGAINST ABSENT ADOPTION ADOPTION Mayor Abby Brennan � � � Vice-Mayor Vince Arena � � Council Member Steve Okun � � � Council Member Tom Paterno � � � Council Member Frank D'Ambra � � The Mayor thereupon declared the Resolution duly passed and adopted on 11-Feb-2016 MAYOR OF TEQUESTA , � ATTEST: .``''��,,.';:�,�•:�,';,,,,'�,. � � �```�yt'��,f r ,'/J�'y��. V�'�- C(�(�� • � . �� Lori McWilliams, MMC =:' ' -''='�i;�' '�: Village Clerk = ,,ti"��ht_ � . = =, .„y ;y�: ,, - �.A.. , .,,,,� \ \ i � � I��/ll�lll N••�J,`````, VILLAGE OF TEQUESTA CONTRACT FOR HYDROGEN PEROXIDE 50% & RELATED SERVICES THIS CONTRACT FOR HYDROGEN PEROXIDE 50% AND RELATED SER- VICES, hereinafter "Contract ", is entered into and effective this " � day of4ftfftwy 201 by and between the VILLAGE OF TEQUESTA, a Florida municipal corporation with offices located at 345 Tequesta Drive, Tequesta, Florida 33469 -0273, organized and existing in accordance with the laws of the State of Florida, hereinafter "the Village "; and EVOQUA WATER TECHNOL- OGIES, LLC, a foreign limited liability company with offices located at 181 Thorn Hill Road, Warrendale, Pennsylvania 15086 and 2650 Tallevast Road, Sarasota, Florida 34243, 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 acknowl- edged 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 50% Hydrogen Peroxide, 23.5% active oxygen content at a cost of $3.61 per gallon and provide inclusive services (excluding chemicals) and equipment to set -up, configure, operate, service, maintain, control and monitor the application of chemicals at the Village's Water Treatment Facility. Service pricing shall include response to odor complaints, testing, monthly reports, chemical off - loading and emergency or after hours responses. Prices will be provided at $450.00 per month per station for Contractor to provide O &M of Contractor provided equipment without PLC control. Pursuant to the Decem- ber 11, 2015 correspondence from the Contractor to the Village, attached hereto as Exhibit A, the Village is authorized to piggyback for the goods described above from the August 12, 2015 Contract For Services between Contractor and the City of Raleigh, a North Carolina municipal corporation and the April 9, 2015 Proposal In Response To Request For Proposals Odor And Corrosion Control Services (RFP #5230- 608- FY15- ODORCONTRLv2) between the City of Raleigh and the Contractor, attached hereto as Exhibit B and Exhibit C, respectively. All ex- hibits are hereby incorporated into this Contract as if fully set forth herein. 2. COMPENSATION: In consideration for the above Scope of Services, pricing for Hydrogen Peroxide 50 %, and for Services and Equipment of Contractor Provided Equipment shall be CONTRACT FOR HYDROGEN PEROXIDE 50% & SERVICES AND EQUIPMENT OF CONTRACTOR PROVIDED EQUIPMENT pursuant to the price set -out at page 27, Appendix A — Contractor's Price Proposal of Exhibit C. 1 3. INSURANCE AND INDEMNIFICATION: The Contractor shall provide proof of work- man's compensation insurance and liability insurance in such amounts as are specified in sec- tion 10, "Insurance," at pages 3 until 4, of Exhibit B and shall name the Village as an "additional insured" on the liability portion of the insurance policy. The Contractor shall at all times in- demnify, 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 any error, omission, negligent act, conduct, or misconduct of the Contractor, its agents, servants, or employees in the performance of services under this Contract. 4. PUBLIC ENTITIES CRIMES ACT: As provided in sections 287.132 and 287.133, Flor- ida 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 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. 5. TERMINATION; NOTICE: This Contract may be terminated by the Village or the Con- tractor upon thirty (30) days written notice to the either the Village or Contractor, in accordance with section 15, "Cancellation," at page 5, of Exhibit B. Notice shall be considered sufficient when sent by certified mail or hand delivered to the Parties during regular business hours at the following addresses: As to THE VILLAGE As to THE CONTRACTOR Village of Tequesta Evoqua Water Technologies 345 Tequesta Drive 2650 Tallevast Road Tequesta, Florida 33469 Sarasota, Florida 34243 Attn: Director of Utilities Attn: Charles Maltby, Sales Rep. 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— ' The price of Hydrogen Peroxide 50% set out at page 27, Appendix A — Contractor's Price Proposal, of Exhibit C is described in a cost per gallon unit. The Village agrees to pricing in cost ($3.61) per gallon unit, as described in Exhibit A. Page 2 of 4 CONTRACT FOR HYDROGEN PEROXIDE 50% & SERVICES AND EQUIPMENT OF CONTRACTOR PROVIDED EQUIPMENT pursuant to the price set -out at page 27, Appendix A — Contractor's Price Proposal of Exhibit C. l 3. INSURANCE AND INDEMNIFICATION: The Contractor shall provide proof of work- man's compensation insurance and liability insurance in such amounts as are specified in sec- tion 10, "Insurance," at pages 3 until 4, of Exhibit B and shall name the Village as an "additional insured" on the liability portion of the insurance policy. The Contractor shall at all times in- demnify, 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 any error, omission, negligent act, conduct, or misconduct of the Contractor, its agents, servants, or employees in the performance of services under this Contract. 4. PUBLIC ENTITIES CRIMES ACT: As provided in sections 287.132 and 287.133, Flor- ida 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 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. 5. TERMINATION; NOTICE: This Contract may be terminated by the Village or the Con- tractor upon thirty (30) days written notice to the either the Village or Contractor, in accordance with section 15, "Cancellation," at page 5, of Exhibit B. Notice shall be considered sufficient when sent by certified mail or hand delivered to the Parties during regular business hours at the following addresses: As to THE VILLAGE As to THE CONTRACTOR Village of Tequesta Evoqua Water Technologies 345 Tequesta Drive 2650 Tallevast Road Tequesta, Florida 33469 Sarasota, Florida 34243 Attn: Director of Utilities Attn: Charles Maltby, Sales Rep. 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— The price of Hydrogen Peroxide 50% set out at page 27, Appendix A — Contractor's Price Proposal, of Exhibit C is described in a cost per gallon unit. The Village agrees to pricing in cost ($3.61) per gallon unit, as described in Exhibit A. Page 2 of 4 CONTRACT FOR HYDROGEN PEROXIDE 50% & SERVICES AND EQUIPMENT OF CONTRACTOR PROVIDED EQUIPMENT 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 shall 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 State of Florida, and venue shall be in Palm Beach County should any dispute arise with regard to this Contract. 9. AMENDMENTS & ASSIGNMENTS: This Contract, all Exhibits attached hereto, and re- quired insurance certificates constitute the entire Contract between both Parties; no modifica- tions 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 services and provision of goods called for in this 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. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and in- spect 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 119.070 1, Florida Statutes, the Contrac- tor 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, Florida 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 conclu- sion of said work and upon request, transfer to the Village, at no cost to the Village, all such Page 3 of 4 CONTRACT FOR HYDROGEN PEROXIDE SO% & SERVICES AND EQUIPMENT OF CONTRACTOR PROV[DED EQUIPMENT records in the possession of the Contractor and destroy any duplicates thereo£ Records 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. WITNESSES: EVOQUA WATER TECHNOLOGIES, LLC 1�� rl, �`�'��,�� _ �/�� /� _ � Mike Murphy, Project Manager �. ,�� '�,�� (Corporate Seal) VILLAGE OF TEQUESTA � , -,�� .� / : ATTEST: i' ail B nnan,lV� yor ,y,`,��.��•�,�,,,��,g `, . `��o, - ;7�,,�� U�L�._ r' Y'�l�L-(.lJ�'�-=,;, � •.FN.,�Seal) Lori McWilliams, MMC ==. � �'�' ,v: Town Clerk = _ . � - : >Q.� ;. �° ,� �c .� � = �.�.�`� ,''��'''�ni�nr.��``��``, Page 4 of 4