Loading...
HomeMy WebLinkAboutAgreement_General_06/01/2016 VILLAGE OF TEQUESTA CONTRACT FOR PURCHASE OF CHEMICALS THIS CONTRACT is entered into, and effective, this day of June, 2016, by and between the VILLAGE OF TFQUESTA, Fl ORIDA, a municipal corporation with offices located at 345 Tcquesta Drive, Tequesta, Florida 33469, organized and existing in accordance with the laws of the State of Florida, hereinafter "Village"; and ODYSSEY MANUFACTURING COMPANY, a Florida corporation with offices located at 1484 Massaro Blvd., Tampa, Florida 33619, 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 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 for Purchase of Chemicals, whereby the Contractor shall provide Ultra Ch for 12.5%sodiurn hypochloritc. (the "Product") for the Village's utility department. Pursuant to the Contractor's May 30, 2016 correspondence, attached hereto as Fxhibit A, the Village is authorized to piggyback through June 18, 2017, on the Contractor's current contract with the City of West Palm Beach, Contract No- 12816, as amended, which was originally procured by the City of West Palm Beach in accordance with procedures that comply with the Village's procurement requirements, and as extended by City of West Pah Beach Contract Amendment No, 12816.001. City of West Palm Beach, Contract No. 12816, as amended by Amendment No. 12816.001 are attached hereto as Exhibit H and are hereby incorporated into this Contract as if fully set forth. 2. COMPENSATION:, Pursuant to F'xhibit B, and in consideration for the above Scope of Services, pricing is as follows: Sodium Hypochlorite — Full tanker (5,400 gals.) - $.655 per gallon including transportation and delivery. Sodium Hypochlorite — Less Than Full Tanker - $325 per gallon including transportation and delivery. The Village shall pay the Contractor after receipt of the Product, and within forty five (45) days of Page I of 4 receipt of an invoice documenting the amount due, in accordance with Exhibit B. 3. INSURANCE AND INDEMNIFICATION: The Contractor shall provide proof of workman's compensation insurance and liability insurance in such amounts as are specified on Exhibit B. shall name the Village as an "additional insured" on the liability portion of 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 Statues, by entering into this Contract or performing any work in furtherance hereof, the Contractor certifies that it, its affiliates, suppliers, subcontractor-, and consultants who will perform hereunder, have not been placed on the convicted vendor I ist 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 See. 287.133(3)(a), Florida Staluzes. S. TERIMNATION; NOTICE: This Contract may be terminated by either party upon five (5) days written notice to the other y art, in accordance with Exhibit B. -Notice shall be p . considered sufficient when sent by certified mail or hand delivered to the parties at the following addresses: Village Contractor Village of Tequesta Odyssey Manufacturing Co. 345 Tequesta Drive 1484 _Massaro Blvd. Tequesla, Florida 33469 Tampa, Florida 33619 Attn: Director of Utilities Attn: Patrick A 11man General Manager 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 agree that this Contract is not a contract for employment and that no relationship of Employce."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 Page 2 of 4 prevailing party shall he awarded uttnmcy`x fees, i ncluding fees on S. This Contract shall be governed and construed io accordance with the law-, of the State of Florida, and venue shall be in Pa Beach County *hmo|d any dispute arise with regard tosame. 9. This Contract, all Exhibits attached hereto, and ne-quirei insurance oerdficnUesconstitute the entire Contract between both partian�no modifications shall be made to this Contract unless in writi agreed to by both parties, and attached hereto as on addendum to this Contract, The Contractor shall not transfer or assign the parloonaoceo[ services called for io the Contract without prior wr consent o[ the Village. 10. Pursuant toArticle XIIofthe Pyba Beach County Charter, the [}f5um of the Inspector General has jurisdiction to investigate nuon|cipm] nnuttecm o:vinxv and umJiL munici contracts and w[bez \raomwwdumu, and make reports and recommendations to muni gmm i bodies based mo such audits, reviews mriovo ' dons. All purdnm 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 stutements, requi the production of records and to au monitor, investigate and inspect the activities of the Village, as we as contractors and lobbyists of the Village in order to detect, deter, prevent and eradicate fraud, waste, mismanagement, odacooduc1 and abuses. DD^ In accordance with Soo. 114'8701, Florida Statutes, Contractor must keep and maintain this Contract and any other nocmm±s associated therewith and tbmt are associated with the ycrfbrn,onoe of the work described in the Scope of Services. Upon request, Contractor must provide the public with access to such records bz accordance with access and cost roqmicemueotswf Chapter ll9, Florida Statutes. Further, Contractor shall ensure that any exempt or confidential records associated with this Contract or associated with the performance of the work described iothe Scope oC Services are not disclosed except ueauthorized by law. Finally, Contractor shall retain the records described in diis paragraph throughout the performance m[the vvn/t domodhod in the Scope of Services, and at the 000clneimm of said vvuzk and upon request, transfer to the Village, at no cost to the Village, all such records in the possession of Contractor and destroy any duplicates thereof. }lmomndm that are stored electronically must be transferred to Page 3mf4 the Village in a Format that is compatible with the Village's infordnation technology systems. IN WITNE WHEREOF, the parties hereto have executed this Contract the date and year first above written. WITNESSES: ODYSSEY, MANUFACTURING CO. f _ f Pa ick A]Inlan, General Manager (Corporate Seal) VILLAGE OF TEQL-ES A ATTEST: Abigail ennan, M ,yor W ` NN,,,,N,1111 /1pryNy ✓Y1 U.I�C.[ .4Li1 .— �,,,.�� O.F. TEQry cal} Lori McWilliams, MMC O F T ' C� Town Clerk = V �_ SeAL 1NCoFtpo" p grnnanwawu ,P Page 4 of 4 ODYSSEY MAN,,,FACTUR1'NCi CO. .May 30, 1 .01 6 Mr. Sam i leadv Deputy Director of Utilities Village of Tequesta 901 North Dixie Highway Tequesta, Florida 33469 Re: PROPOSAL TO SUPPLY BULK SODIUM HV POC'HLORI'1`E TO THE VILLAGE Ol+ 'CEQUESTA UTILITIES DEPARTMENT Dear Sam. As a follow -up to your recent request. Odyssey N- fantifacturing Co. agrees to let the Village of 'Tequesta continue to "piggyback" off of the City of West palm Beach's contract for its Ultra C_'hlor 12.5% sodium hypochlorite for its Utilities Department only thro .tune 18, 20 1 7 for the firm lump sum delivered prices as specified in paragraph 7 of the West Palm Beach contracl. The delivered price is fixed to the water treatment plants and there are no Biel surcharges, delivery fees or other hidden charges. Attached is a copy of tile. contract. Robin Hewitt is the point of contact with the City of West Palm Bcach(rt 561- 822 -2200. Additionally. there is no minimum delivery! This proposal to piggyback is made with the understanding that Odyssey Manufacturing would supply the Village of Tcqucsta's hulk sodium hypochlorite needs for its Utilities Department only. As part ofthe chemical supply, Odyssey agrees to provide technical assistance to your facilities EIS required to your Water Treatment facilities including engineering, technical support and service work on your chemical systems. Odyssey's product guarantees and specifications are listed in its bid package. 'Fite bottot» line, with Odyssey's high quality sodium hypochloritc, you will be able to sec to the bottom ofyour tanks! As you know, you cannot currently do this. Additionally, we don't have all of the metal impurities or sludge of otter manufacturers. We also make 12.5 Trade Percent and not 9% - 10% like other manufacturers so you will use less! Ody sey guarantees deliveries with 48 hours' notice and will do emergency deliveries on 24 ho Urti' notice. 4Ve have never missed a delivery' in addition to the guaranteed pricing, the Village ol'Tequesta will achieve additional cost savings in two areas with the Odyssey i;ltrachlor. First, Odyssey Ultra Chlor contains Virtually no metal impurities. '['his lack of - metal impurities (primarily nickel and cobalt) means less gassing of the bleach which is a Form of decomposition and translates to a significantly longer hall' life (e.g., lower decomposition rate) on the order of magnitude of 10` /a to 100 %, This ]actor by itsel fshould decrease lcrtuP consumption by approximately 10 ° .fo to 20 ° r'o or so depending on ]lo long the product is stored prior to being used thus resulting in cost savings. Additional cost savings will also result from reduced O&M expenses since you will not have any feeder system pluggages caused by high suspended solids (e.g.., the black goo on the inside ofsodium llypoclllorite tanks) or gassing: (from metal impurities). Other heneiils include the lowest perchloratc, chlorate and bromate levels in our sodium hypochlorite (these are known carcinogens which are now regulated in drinking water). MANUFACTURERS of © '� (8 tt d) ODYSSEY www.odysseymanutacturingxom • • Another advantage is that odyssey never misses a delivery! Contrast that with the service you have received in the past' As the only proven chlor- alkali manIAacturinr facility in Florida, Odyssey Manufacturing Co. can ofl`er a unique combination of high quality combined with a very competitive cost structure. We make our raw materials (chlorine and caustic) on -site out of highly purified salt and demineralized water utilizing a rnenabrane cell electrolysis process. Not only does this process result in high quality bleach but also makes our product cost very competitive as Nve do ncn have to pay out. of state third parties to make the rave materials for us and have them shipped down by railcar. This is the reason we are able to offer this fixed pricing with no price protection for the upaorning year while providing a superior quality product. Thank you fear your consideration. As you know, we have provided our industry superior service over the past sixteen years of our existence providing the best product in rile rnarketplace and never missing a delivery. Additionally, we have provided extensive technical expertise with regard the chemical systems and installed l.a.nks to the industry, in fact. Odyssey is a licensed plumbing and general contractor who has installed the majority of sodium hypochlorite systems in Florida. We also furnish and install on -site generation systems. Please call me ifvou have any questinrrs. We look forward to the opportunity to continue to serve your sodium hypochloril.e needs in the future. i have also provided you a product brochure, process flowchart, Safety Data Shcet (SDS), copy of our NSF certification, and a Copy of our insurance certificate as part of the bid package that is enclosed. Additional information on our product or company can be lound on our website E www _o(lvsseymaintifKtcturing.com. Please do not hesitate to contact me at ($13) p17YSSFY or eel lular (813) 335-3444 if 1 can be of further assistance. S:j erely. -- rick 11. Allman General Manager Contract Name' Contract for Purchase of Chemicals Am Contract Date: June 19, 2013 AMENDMENT NO. 1 Term Extension Contract No. 12816. ^f°. THIS AMENDMENT No. 1 ( "Amendment ") is entered into by and between the CITY OF WEST PALM REACH ( "City ") and ODYSSEY MANUFACTURING COMPANY ( "Contractor "). WHEREAS, the parties desire to renew the Contract described above. and in consideration of the foregoing recitals, the mutual covenants contained herein.. and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Contractor hereby agree as follows: 1. Term The term of the Contract is hereby renewed for an additional 1 year period ( "1 Renewal Term "), expiring June 18. 2017 Renewal terms, conditions and rates shall be the same as the original Contract. 2. Inspector General The following provision is added to the Contract: "Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract, and may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Contractor or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Contract justifying its termination." 3. Effect of Amendment Except to the extent the Contract is modified by this Amendment, the terms and provisions of the Contract shall remain unmodified and in full force and effect. In the event of a conflict between the terms of the Contract, as may be previously amended and the terms of this Amendment, the terms of this Amendment shall govern and prevail. Contractor. CITY OF WEST PALM BEACH ODYSSEY MANUFACTURING M ANY Geraldine uoio, Mayor Print Name: ;�� f L�t l � 1. Title: 1 � FJi �`.�� f t �i � Attest: City Clerk Dated: '� �° / . , 2016 CITY ATTQRNEY'S OFFICE Approved t form and legality By, 1 Contract Renewal- General KRNWGEN T010112 DATE (MIA0&YYYY) �... - CERTIFICATE OF LIAB ILITY INSURANCE 1-2116/2015 i ~ THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCE=R, AND THE CERTIFICATE HOLDER. IMP6RTANT; It the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and ccnditions of the policy, certain policies may require an endarsemtent. A statement on this certificate does not Confer rights to the certificate holder in lieu of such ondorsement(s)_ PHODUCFR Dok>b MaCC2 .11.3•*sa NARE, CT Stahl. & ASsoc ins, - , ranee Inc. PHONE FAX (853) 6887 -4344 E -WAIL d ebbie -ma i1J,xvsa Iastah1insurance.c4=t 31 Lakes Marton Dr;ve aepRESS;_ — g ......_y` - .. . i 0 Pox 35'08 Y_ Y _ 6`a5URER(SIAFi C GVERAGE A�.__ A t iakelard 3 8 02 j IN SURERA.W °9t_ dneStOr S`.;: - prizs . _ Lines Ins C O . 71 _ - . - INSURED -ACE_ r' = e=iean :Insu rance Co j 22667 __ (C)dy5sey Mannfaaturinc Co. Iv9URFRC Insurance Comtp4n ;4€4 Massaro FIVC.3 I4'"RERD: _ `t -;)nTta FL 1 1619 IN WKER F : COVERAGES CERTIFICA NUMBER 1 /1 /i5 M aste r Cert REVISION NUMBER T-IIS IS T'Ca : "FR -1FY THAI,, I POLIC._5 Q— 1t: t1R NGE LISTE, yLL.'t': t-AVF 75 =. t ISSU Cl TO "h ltdS(lRctJ NFFAE� AF3� F. FOR Ti = a"iJ_lr P RIM) it:i:if ? NGT "'A', Ti i:itr-.P(C. ANY ia, .C:I. :RF..Tr1ENT, T=RNI G;z COt, ^,IT :ON n= A F..`JN RAi;T CR OTHER DOCUMENT V0..TH RESPE 1' '• O '1 TF* S 1' LltTl=1+ A £ tt.z'Y AF ,S JcC' U i P.1. ?v �c4 F.{ht. f H- tNSI.`R 1?i7.E AFFORDED BY iH - Pe) 1 .IES D =_SCRIBrO HFIRF N 15 SU3,1ECT TO A! THE TERtvib, =Xi_ 1_USIt :P!.`'-, AND CON-Di =1 'I i iJt �'�'..rvY °O_ICIES. LIMITry H. -VV MAY HA "V E BEL i^"'.;:1 . ^..EJ BY PAD CLFti?.rS. -- �,.Z• :�.,•'�L' 0{19 _ � PtlUCY EFF F41,lCY ElCP _ rR a ?YNf. Dr- INSURANCE 1 IPJS71 ygyp LIt`„Y N;J V.t ;EKj E5!SAfnDr'YYYY" M1.itDDryYY T TS X COIAMERUTAL GFNCRAL LIABJL.'ry t OGC ,RLNC= S__ - ._... ' (&t}D • G v FiEN'EL: C_A =.0.1 X 1 '^7;:` OP. i X Pr g X I ' G?•iJ 925 :59Q? 17: "1/3035 1a1 Lt2G`,6 hiTD CXd`,.'.a alg rS 1D,Z c: t .I 'Wr i ttten 4'cr)t ,.xet Tn�ii3;ics Ca:utr�s-L•�ei c'c- Sys "..rzt �C A U-1 INAJ4Y - , 6 XC3 C[uv��agea rim %ERA . A,GF*G Ar= IS Z.G30 G`:P LIM. T A.PPL L �'E� - -- f�r' r. I RCC +GT -, ra p•GkG AGq S 2 GurJ.D4 SIIV.:.E U.u,. A'J'Ohif3r31i E LIAMLITY j ••y -._ '_ i , r a rSenti .- -.... -.- _.. ___ ____.. X i A.NY r._,? ..... 7 -. µ r _.: ..... - - f �.•.�., 7 ; `d;;•N i °a'JtJ - _ C'�i^,i?ff?T >' i17tk1t +t;E i ( f i j i F,t�r.ss -ays NS L.G.i�s76 ! ' LWSRELLA LIAR x' f > - t 3 „ ;;.A+�C C�:. 1 RF' , EIwCE _I S „ 5 { la fYCE Ir r L :rA:.;. +- '•: lC, j : AG:'` %G'°fl� .__ j a 5, 'O L'co ia/_fe0 i 1 r•'. ?2316 j ; - WORKERS C :016V)ENSATION AND EAIPL0?FR t Y! -N FL F, ^' At :C :E_•1; S 3..003,OOv _ �= '{PAartlBafirg in NH) i.GSod :.'RE'? it -LJ 2015 3/1(2x:17 EL '°A ;'EASE ._ %: i:S1;'L'JYE� — _ _ J- - --- L L LI' 44E f.`Y L.ISi T ' r :.(IUC _..M1i,.. Pry :i- nj!'xof 2i��_lity i G ?449 ? 7450 ?7 30111211 5 30!'1f203o S :+Ili :. Gl. _ $1,SOC, :7C s ' mac.• a^ - slim :,:r' 4 - lS 51,u d t +_1'r 1 nod $ =d14F prnt fi,.__aC RIPTIG`7 OF cPCl+,n i'1(7NS i LOCATi.f:NS f )fC51:CLF5 ;ACDRD 104, Atidii:onal Rers7arkS Sahsilit9¢, :rlay DC artac.hrS if ntOrS Spae; is rr- rewired) ?r :� cr_: r1;P Silk Sa iLiim nypcch.lnri=e Contract, WTF Pink Hyc t loxat_e sto e and aeeti System, aka rv.nnni� Chen' 7a! Feed and Si _c_ay€ ystm, CYimsr_•u1 Fued Systems im> ovcs?rsnt T ?rojeCts end F= uUrids Stosagr Lec_d :ysnen. Ca3rta.?a.uatea ho' -Jer is additi.on� ins�r�e3 on tYtr general l°_at)iLi_ty i' required It ivr_tten - - r: CERTI HOLD _ � CAN CELLATION 1 (,561)494 - 1115 f lhenry2 SHOULD ANY OF THE A"3L}VF DESCRIBE[] POLICIES RE CAN CELLED BEFORE ( (_i.ty of W*,st Pal.m Beach T14E EXPIRATION DATE THEREC3F, NOTICE WILL BE DELI.rGRE0 IN Co:t:: t ruction Services ACCORDANCE WITH THE POLICY PROVI SIONS. P.O. Box 3366 AUT•tOR12ED RCPRiSENTATIVE - Y mist Palm Beach, FL 33402 Vt 1 588 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014)'Ql) The ACORD nainc nrid Iopo are registered marks of ACORD 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: Water Utilities Date: 9/21/2015 Item /Service Provide Sodium Hypochlorlte for the Water Plant Vendor /Service Provider Odyssey Manufacturing State Contrac # QX Other Governmental Agency *Chapter 287, F.S. If piggybacking a State Contract please stop here. Name of Governmental 1 Agency City of West Palm Beach Contract #12816 YES NO Is the contract current? Effective date :_____D6 /18/2013 Expiration M 2 Date: 06/18/2016 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? 5 Does the contract contain an assignability clause? If the answer to question # 5 is no, has the 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? 1/6 Departmidg ead Signature Date