ON Memo Finance p

De artmentAccounting • Customer Service • Purchasing

TO: A. William Moss, City Manager

THRU: Ann Marie Ricardi, Finance Director

FROM: John M Dunnuck III, Purchasing Manager • -D

DATE: July 5, 2012

SUBJECT: Renewal of Continuing Contract

AUTHORIZATION: CITY OF NAPLES CODE OF ORDINANCESSec. 2-667 (e)(5). Extended period contracts.If the city has awarded a contract and an option exists or is offered to thecity to extend the period of the contract, the city manager shall determineif such extension is in the best interests of the city and may exercise thisoption on behalf of the city for periods not exceeding two years.

The following information is provided for your consideration in the renewal ofthe below referenced renewal:

Contractor: Allied Universal CorporationSupply/Service: Purchase of Chlorine and Sulfur DioxideAward Date: September 21, 2011Option Period (1): Sept. 21, 2012 through Sept. 20, 2013

Supporting Documentation for review! approval:

Renewal Agreements (for signature)Department Authorization to RenewContract

9/21/2011 through 9/20/2012 Original9/21/2012 through 9/20/2013 First Renewal

tliies above all el.5e... jetvice to othets be/ to seLf... Qaalit^ in all that we do.

M e m o Finance Department

; Accounting • Customer Service • Purchasing

TO: Bob Middleton, Utilities DirectorFROM: John Dunnuck, Purchasing ManagerDATE: June 25, 2012SUBJECT: Renewal of Continuing Contract

The following annual contract (purchase order) has the option of one morerenewal, based on the mutual agreement of both parties. Please indicatewhether or not you wish to have this contract renewed by circling yes or nobelow.

Allied Universal Corporation /'( YE5̂Purchase of Chlorine and Sulfur Dioxide

10/1112 to 9/30/2013

Approved: Department Head

NO

.tfzicti above all else... Cletvice to othet be fore sed f... Quallt^ in all that we do.

AGREEMENT FOR PURCHASE AND SALE OF GOODS

Bid/Proposal No. 053-11

Contract No. `k = t LC D

Project Name Purchase of Chlorine and Sulfur Dioxide

THIS AGREEMENT FOR PURCHASE AND SALE OF GOODS (the "Agreement") ismade this 21 day of September, 2011, by and between Allied Universal Corporation, whose address is3901 NW 115 Ave., Miami, FL 33178 ("Seller") and THE CITY OF NAPLES, a Florida municipalcorporation, the address of which is 735 Eighth Street South, Naples, Florida 34102 ("Buyer"). Inconsideration of the mutual covenants and agreements hereinafter set forth herein, and for other good andvaluable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, Buyerand Seller agree as follows;

I. Description of Goods • Sale and Delivery. Seller shall sell, transfer, and deliver toBuyer the chemical of Chlorine and Sulfur Dioxide for the Wastewater Treatment Plant as described onthe Description/Proposal 053-1 1 attached hereto and made a part of as Exhibit "A" subject to such termsas are set forth in the Description/Proposal and in this Agreement.

2. Acceptance; Purchase . Buyer shall accept the goods and pay the not-to-exceed:$211,508.00 for the purchase of Chlorine and $6,310.00 for the purchase of Sulfur Dioxide in accordancewith the terms of this Agreement.

3. Identification of Goods. Identification of the goods shall not be deemed to have beenmade until both Buyer and Seller have agreed that the goods in question are to he appropriate to theperformance of this Agreement.

4. Rate and Time of Payment . Unless otherwise specified, Buyer shall make payment toSeller for the goods within 30 days after the goods are received by Buyer.

5. Receipt of Goods . The goods shall be deemed received by Buyer when delivered to:City of Naples Water Treatment Plant1000 Fleischmann Blvd.Naples, Florida 34102

City of Naples Wastewater Treatment Plant1400 3rd Avenue North, Building ANaples, Florida 34102

Delivery of the goods to Buyer shall occur on a business day and shall not occur after 3:15 p.m. on thedelivery day.

6. Risk of Loss . The risk of loss from any casualty to the goods, regardless of the cause,shall be on Seller up to the time of receipt of the goods by Buyer at the place of delivery, but only afterany proper inspection has been completed without rejection of the goods. Thereafter. such risk shall beon Buyer, including any goods thereafter returned to Seller until their receipt by Seller.

Rc+;iced 717/03

7. Warranty Against Encumbrances . Seller warrants that the goods are now free, and atthe time of delivery shall be free, from any security interest or other lien or encumbrance.

8. Warranty of Title . Seller warrants that at the time of signing this Agreement. Sellerneither knows, nor has reason to know, of the existence of any outstanding title or claim of title hostile tothe rights of Seller in the goods.

9. Product Warranty . Seller provides general warranties of fitness and general warrantiesthat the goods are free from defects, for 1 year from acceptance of the goods, except as may otherwise beset forth in the Description/Proposal, or other attached warranty.

10. Right of Inspection . Buyer shall have the right to inspect the goods at the time and placeof delivery, and within 5 business days after delivery, Buyer must give notice to Seller of any claim fordamages on account of the condition, quality, or grade of the goods, and Buyer must specify in detail thebasis of such claim. The failure of Buyer to comply with these conditions shall constitute irrevocableacceptance of the goods by Buyer.

I I. Procedure as to Rejected Goods . On receipt of notification of rejection, Seller willimmediately arrange to receive back the goods for shipment and return. However, within 5 days, Sellermay have an agent inspect such goods for nonconformity; otherwise, such inspection will be made onreturn to Seller's storage facility. When such goods are confirmed or acquiesced in as nonconforming,Seller will ship conforming goods within 30 days of the notice of rejection unless Buyer earlier notifiesSeller to forgo such shipment.

12. Governing Law . The parties acknowledge that the transaction that is the subject matterof this Agreement bears a reasonable relation to the State of Florida and agree that the law of the State ofFlorida will govern their rights and duties. The parties specifically intend that the provisions of Article 2of the Florida Uniform Commercial Code will control as to all aspects of this Agreement and itsinterpretation, and that all the definitions contained therein will be applicable to this Agreement exceptwhere this Agreement ma y expressly provide otherwise.

13. Bid Documents . The terms and conditions of the Invitation to Rid attached hereto andmade a part hereof as Exhibit "B" shall be incorporated herein as a part of this Agreement.

14. Notices and Address of Record . All notices required or made pursuant to thisAgreement to be given by Seller to Buyer shall be in writing and shall be delivered by overnight courier,by hand or by United States Postal Service Department, first class mail service, postage prepaid, returnreceipt requested, addressed to the following:

To Buyer:

City of NaplesAttention: A. William Moss, City Manager735 Eighth Street SouthNaples, Florida 34102-3796

All notices required or made pursuant to this Agreement to be given by Buyer to Seller shall bemade in writing and shall be delivered by overnight courier, by hand or by the United States PostalService Department, first class mail service, postage prepaid, return receipt requested, addressed to thefollowing:

Revised 717f03 2

To Seller Allied Universal CorporationAddress: 3901 NW 115 Ave

Miami. FL 33178Attn: Catherine Guillarfnod, Executive Administrator

Either party may change its address of record by written notice to the other party given inaccordance with requirements of this Article.

ls. Counterparts. This Agreement may be executed in any number of counterparts, each ofwhich shall be deemed to he an original as against any party whose signature appears thereon and all ofwhich shal] together constitute one and the same instrument.

16. Effective Date . This one-year Agreement shall commence October 1, 2011, throughSeptember 30, 2012 with the City's option for two additional one-year renewals.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day firstwritten above.

ATTEST:

ATTEST:

BY=ara A. Norman, City Clerk

Approved as to form and legal sufficiency:

By: 1 k ...'Robert D. Pritt, City Attorney

Agreement for Purchase and Sale of Goods3S3221 97553_2

"SELLER':Allied Universal Corporation

(Corporate Seat)

By:Authorized Rcpres a ve

"BUYER"

City of Naples, Flori,`t /

Y.A. William Moss, City Manager

Reused 7/7/03 3

WU L

INVITATION TO BIDCITY OF NAPLES

PURCHASING DIVISIONCITY HALlr 735 8'" STREET SOUTH

NAPLES, FL 34102PH: 239-213-7100 FX: 239-213-7105

TETIOK ?M NUH•ER7 OPtM DATE A 7I^

F"7111C

xf 11 PURCHASE OF WATER AND WASTEWATER 053-11 08123/11TREATMENT PLANT CHEMICALS 2:0O PM

PRE-BID DATE, TIME AND LOCATION:

NAME Of PARTIIFRSMIP, CQr" WIOW OR IAD1 IDuAL

Allied Universal Corporation

MRIIIRC ADDAP$$

3901 NW 115 Ave.

CITY-STATA-VP:

Miami, FL 33178

PH. 305-888-2623 eMP t: cathieg@alliedunlversal.can

305-463-8369 www.allieduniversal.arn

I certify that this bid is made without prior understanding, agreement, or connection with anycorporation, firm, or person submitting a bid for the same materials, supplies, or equipment and isin all respects fair and without collusion or fraud. I agree to abide by all conditions of this bid andcertify that I am authorized to sign this bid for the bidder. In submitting a bid to the Ci ty of Naplesthe bidder offers and agrees that If the bid is accepted, the bidder will convey, sell, assign ortransfer to the Ci ty of Naples all rights, ti tle, and Interest in and to all causes of action it may nowor hereafter acquire under the Anti -bust laws of the United States and the State of FL for pricefixing relating to the particular commodities or services purchased or acquired by the City ofNaples. At the City's discretion, such assignment shall be made and become effective at the timethe City tenders final payment to the bidder.

AUTHORII/n 'jt64^AttIRf DATE I ►RIWtfD np,i ,rrnr

8-11 Catherine Guillarmod

tI b i1 ial by air th.t .vplrI a[tnewtdqe i ,aa pt a1 the IM ot.V,g adde dum

!-__ , Atldenduw^ r1 _^Atldendu, S _MdentlUm -3 --Addendum A4

PLEASE NOTE THE FOLLOWING :

s This page must be c0moFeted and returned with your bid.> Bids must be wfth bd n m ate.> Bids received after the above dosing date and time will not be aempted.

lf you dQnot have an email address and you want a copy of the Bid Tab, please enclose astamped, self-addressed envelope with your bid.

Revised 7/7/03

EXCEPTIONS TO SPECIFICATIONS

Any deviation(s) to the bid specifications shall be fully andclearly described helow, and be accompanied with the bidder'ssubmittal:

1 Minimum delivery for Sodium Hydroxide is 3,500 gallons

2

3

4

5

Use additional sheets if necessary. All documentation must beincluded with Bid Proposal

Revised 7/7'03 5

BID SCHEDULE(SHIPPING CHARGES MUST BE INCLUDED IN ALL BID PRICES)

CHEMICAL 8RAN0 EST. ANNUAL 1I ?GS t1HIT TOTALCOST

1. Carbon D.:—idw 250 Tuns /70N

No Bid

2. Ca;;ar.ic Po:w.Pr 101.noc lbs. .8No Bid

3. Chlnclae 506 'T r s /TON00$41 L $211,508,x)

. ! '1.r ya: ymer 23.000 lb. 1 L6* Bid

5. Aniaric Po.y r fi.3C0 :5s. /-6Tb aid

6. ycrcxide 30 ' c:" TON5616.85 / j 15,505.50

1. Sulfur Dioxide 10 Ton+ 5631.00 frox S 6,310.00

1. 4uic k:Le .OSC Tor-a iTryNb 3id

Y. Anhydrou9 k on S- X0..300 1ba No Bi r;.a

10. =ease PZICO °+r '006 go: Tank(A .hydros );.a or! a?

1 TantaT , B1

fT ack

Proeo^it Payment T.rms: days

Drlivwry will be made kkO.

Revised 77l0