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Agenda 03/26/2013 Item #16E43/26/2013 16.E.4. /�, EXECUTIVE SUMMARY Recommendation to terminate contract 12 -5845, Countywide Chemicals, with Tanner Industries, Inc., as a primary supplier of ammonia for the Collier County Water Department. OBJECTIVE: Terminate the agreement with Tanner Industries, Inc., due to the company's unwillingness to agree to standard county contract terms and conditions. CONSIDERATIONS: On October 23, 2012, under Agenda Item I LF, the Board of County Commissioners (Board) awarded Invitation to Bid 12 -5845 to 22 chemical suppliers on a primary/secondary basis. Since the contract was sent to Tanner Industries, Inc., for signature, there have been numerous attempts to come to an agreement on the standard county contract language terms and conditions. This has resulted in an email correspondence from Tanner Industries, Inc., requesting to terminate the county offered contract. The county has not spent any funds with this vendor. On January 31, 2013, purchasing staff sent a certified letter to Tanner Industries, Inc., as notice of the county's intent to terminate the contract for convenience (Attachment A). Staff is requesting the Board's approval to terminate contract 12 -5845, Countywide Chemicals, with Tanner Industries, Inc., and change the secondary ammonia supplier, Airgas Specialty Products, Inc., to the primary supplier. The difference in price between the two vendors is $0.04 per pound. FISCAL IMPACT: The actual amount expended will depend on the volume of water treated. ^. Ammonia chemical costs in FYI totaled $46,640. The anticipated ammonia cost included in the FY13 approved budget is $57,829. Funds are available in the Collier County Water -Sewer District Operating Fund (408). Purchase orders will be issued on an as- needed basis. i1, GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is legally sufficient for Board action and only requires a majority vote for approval —SRT. RECOMMENDATION: That the Board of County Commissioners, Ex- officio the Governing Board of the Collier County Water -Sewer District, terminates contract 12 -5845 with Tanner Industries, Inc., and authorizes staff to proceed with using Airgas Specialty Products, Inc., as the primary ammonia supplier on contract 12 -5845 Countywide Chemicals. Prepared by: Nicole Parker, Procurement Strategist Attachment A – Certified letter to Tanner Industries, Inc. Packet Page -931- 3/26/2013 16.E.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.E.16.E.4. Item Summary: Recommendation to terminate contract 12 -5845, Countywide Chemicals, with Tanner Industries, Inc., as a primary supplier of ammonia for the Collier County Water Department. Meeting Date: 3/26/2013 Prepared By Name: MarkiewiczJoanne Title: Manager - Purchasing Acquisition,Purchasing & Gene 3/8/2013 12:39:36 PM Submitted by Title: Manager - Purchasing Acquisition,Purchasing & Gene Name: MarkiewiczJoanne 3/8/2013 12:39:37 PM Approved By Name: WardKelsey Title: Manager - Contracts Administration,Purchasing & Ge Date: 3/8/2013 12:53:39 PM Name: ParkerNicole Title: Contracts Specialist,Purchasing & General Services Date: 3/8/2013 12:56:03 PM Name: pochopinpat Title: Administrative Assistant,Facilities Management Date: 3/8/2013 2:29:32 PM Name: MarkiewiczJoanne Title: Manager - Purchasing Acquisition,Purchasing & Gene Date: 3/8/2013 2:38:14 PM Packet Page -932- Name: Pam Libby Title: Manager - Operations- Water/WW,Water Date: 3/10/2013 10:51:49 AM Name: TeachScott Title: Deputy County Attomey,County Attorney Date: 3/11/2013 3:19:47 PM Name: PriceLen Title: Administrator, Administrative Services Date: 3/12/2013 2:55:38 PM Name: KlatzkowJeff Title: County Attorney Date: 3/13/2013 9:12:32 AM Name: PryorCheryl Title: Management/ Budget Analyst, Senior,Office of Manag Date: 3/14/2013 4:37:06 PM Name: OchsLeo Title: County Manager Date: 3/15/2013 2:43:06 PM Packet Page -933- 3/26/2013 16.E.4. 3/26/2013 16.E.4. Ip7er Cbmity Adrrinisvahe SeMces Dvisiicn Pur-hm-ing Contract Administration, 3327 Tamiami Trail East, Naples, FL 34112 Tel: (239) 262-8407 January 31, 2013 Mr. Frank Madden Sales Supervisor Tanner industries, Inc. 735 Davisville Road Southampton, PA. 18966 Re: Contract # 12-5845 "Countywide Chemicals" Notice of Intent to Terminate Contract Dear Mr. Madden: As per the provisions of Section 9 of the above referenced contract, the County intends to terminate this contract for convenience. This action shall be effective upon Board approval at the next available Board meeting. This letter shall serve as the required thirty (30) day written notice. There are currently no outstanding invoices and Tanner Industries, Inc. has been paid for all work completed on this contract to date. Please submit any additional invoices within sixty (60) days for payment. Should you have any further questions, please contact me. Sincerely, Ke sey War Contract Administration Manager Cc: Joanne Markiewicz, Purchasing and General Services Director Bonnie Baer, Clerk of Courts Finance Division Packet Page -934- 3/26/2013 16.E.4. ParkerNicole From: FMadden @tannerind.coni Sent: Wednesday, January 02, 2013 2:54 PM To: ParkerNicole Subject: Tanner Industries non - acceptance of Award Hi Nicole, Unfortunately Tanner Industries will not be able to agree to all of the discussed terms and conditions, therefore we will not be able to move forward as your ammonia supplier for the upcoming contract term. We are very interested in your business, but at this time it is not in our best interest to proceed. Please keep us in mind for any and all bidding opportunities that will come up in the future. Thank You, Frank Madden Sales Supervisor Tanner Industries 215- 322 -1238 ext. 244 fmadden(a)tannerind.com Packet Page -935- 3/26/2013 16.E.4. A G R E E M E N T 12-5845 for Countywide Chemicals THIS AGREEMENT, made and entered into on this ar'�day of Or-+. 2012 by and between Tanner Industries, Inc., authorized to do business in the State of Florida, whose business address is 735 Davisville Road, Southhampton, PA 18%6 hereinafter called the "Vendor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County ": WITNESSETH: I. COMMENCEMENT. The contract shall be for a one (1) year period, commencing on 6c-+ 2-S 2o i and terminating on ac The County may, at its discretion and with the consent of the Vendor, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Vendor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Vendor shall provide the awarded chemicals) on a Primary/ Secondary basis as identified in Schedule A, attached herein and incorporated by reference. Chemicals will be provided in accordance with the terms and conditions of ITB 12 -5845 and the Vendor's submittal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Vendor and the County Project or Contract Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Vendor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price. The contract shall be fixed pricing for a six (6) month period of time for each chemical awarded. The County reserves the right to establish a longer fixed schedule (greater than 6 months) with the awarded supplier(s). Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Page 1 of 10 Packet Page -936- 3/26/2013 16.E.4. Any county agency may purchase products and services under this contract, provided sufficient funds are included in their budget(s). Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act ". Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non - payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4. SALES TAX. Vendor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 5. NOTICES. All notices from the County to the Vendor shall be deemed duly served if mailed or faxed to the Vendor at the following Address: Tanner Industries, Inc. 735 Davisville Road Southampton, PA 18966 Telephone: (215) 322 -1238; Fax: (215) 322 -7791 E -mail: sales@tannerinc.com Attention: Frank Madden, Sales Supervisor All Notices from the Vendor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Purchasing & General Services Director Telephone: 239- 252 -8975 Facsimile: 239 - 252 -6480 The Vendor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. Page 2 of 10 Packet Page -937- 3/26/2013 16.E.4. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating ^ a partnership between the County and the Vendor or to constitute the Vendor as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Vendor. Payment for all such permits issued by the County shall be processed internally by the County. All non - County permits necessary for the prosecution of the Work shall be procured and paid for by the Vendor. The Vendor shall also be solely responsible for payment of any and all taxes levied on the Vendor. In addition, the Vendor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Vendor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Vendor. 8. NO IMPROPER USE. The Vendor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Vendor or if the County or its authorized representative shall deem any conduct on the part of the Vendor to be objectionable or improper, the County shall have the right to suspend the ^ contract of the Vendor. Should the Vendor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Vendor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Vendor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non - performance. 10. NO DISCRIMINATION. The Vendor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Vendor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Vendors; Products ^ and Completed Operations and Contractual Liability. Page 3 of 10 Packet Page -938- 3/26/2013 16.E.4. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage ^ Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. D. Pollution Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence for Bodily Injury Liability and Property Damage Liability. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Vendor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. ^ 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Vendor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Vendor or anyone employed or utilized by the Vendor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Division of Public Utilities Water and Wastewater departments, in conjunction with the Division of Public Services Parks and Recreation department. 14. CONFLICT OF INTEREST: Vendor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Vendor further represents that no persons having any such interest shall be employed to perform those services. Page 4 of 10 Packet Page -939- 3/26/2013 16.E.4. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following component parts, all of which are as fully a part of the contract as if herein set out verbatim: Vendor's Submittal, Insurance Certificate, ITB #12 -5845 Specifications/ Scope of Services, two (2) Addenda, and Schedule A. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, � the Vendor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Vendor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to this contract in compliance with the Purchasing Policy. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Vendor with full decision - making authority and by County's staff person who would make the presentation of any settlement reached Page 5 of 10 Packet Page -940- 3/26/2013 16.E.4. during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this ^ Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Vendor with full decision - making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 23. PERSONNEL: The Vendor's personnel and management to be utilized for this contract shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the contract. The Vendor shall employ people who . are neat, clean, well - groomed and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Vendor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on this County contract is not in the best interest of the County. 24. ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Vendor at Owner's discretion. 25. ASSIGNMENT: Vendor shall not assign this Agreement, or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement or any part herein, without the County's consent, shall be void. If Vendor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Vendor all of the obligations and responsibilities that Vendor has assumed toward the County. Page 6 of 10 Packet Page -941- 3/26/2013 16.E.4. IN WITNESS WHEREOF, the Vendor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E • Br' ic., Lerk Court s µ By: ate `' 4►- Fred W. Coyle, Chairman s� Tanner Industries, Inc. Vendor km..' &xWZ41 irst Witness _ Lisa Owj _ rint witness nameT Sec d Witness --A t4 I it S :DL4�1 t? TType/ print witness nameT Approved as to form and legal sufficiency: Assistant CoWnty At#bmey 6� t P' . � mri Name By: Signature F_'-6'4C Mo'otje," lsr'les Typed signature and title Page 7 of 10 Packet Page -942- Project Mad: 2 /29/1le 711Vr TABULi A 3/26/2013 16.E .4. Dare Posted: 2/29/12 (7/11/I2 for 12- 5845R) BID TABULA710N Date Opened: 3/28/.1218/41.12 for 12- 5845R) 12- 5845 /12.5845R MUNTYWIDE CHEMICALS - _ Bids Received: 25 x' 64ke111 '911u111 aj �i y -�.� °fi-` �a II.N' ��' 'I 8'"i L`Gti}pa11Y9118m'a =:����kl '9' .�+- �• 4a,�"€" x!g, r �tf.'g °�i $, ! �{�. S I4Y�u111�1a5ilr,�..Elr tt "yd14I."rsr �I uFr .�,.r'''' !LS'i 3qn y �a,..wlYitixWvbul TM!.: 0. ! 1 Tanner Industries, Inc W -1 Ammonia lbs - $0.6500 Prim 1 Ai Special Products Inc W 1 Ammonia Ibs $0.59001 . secondary I :; r ,�,: - xx 7 4 �i) T ;' , a...�IP I, a N-+'t Z rr:,::; Carbonic 6 iliF 'i:� ! rY W 2 Carbon Dioxide ton $215 0000 rP� Primary ;7 3 AIBed Universal Corp W -3 rF'', Chlorine lbs $0.19351 Primary 3 Brenntaff Mid South W-3 Chlorine lbs $0.229SI Secondary 22 0 ..A&a.. a .I.�,'�..w Tdo American Water Chemicals, Inc, h::"• �4r :.._..:.� I,.:., #. b 9 �r?�`v. ar r .... .. N i�.i,'"r' ^:.:., I$-. �:@2 w :"^'''I � l.l!'"'' 5...:. 2.ryux wW-, €i1iM'w: 4 W-4 ....:;, Corrosion inhibitor (ortho -po hosphate) this $0.420DI "15nriy I�hF Prima 4 F2 industries, LLC W-4 Corrosion Inhibitor lortho- of hosphate) Its $0.430DI Secondary 4 Carus Corporation W-4 Corrosion Inhibitor (ortho of hos hate) P lbs $0 .43001 Secondary d , , �iv ..�.. :lra 5 Thatcher Chemical of Florida W -5 Fluoride (Sodium Fluorsilicate) lbs SOASMI Primary 5 The Dumont Company Inc W S Fluoride (Sodium Fluorsllicate) lbs $0.49MI Secondary W-6 0 Jh74IFi'FmYp "9isu:ca r1::., .. 6 Lhoist North America time lbs S0.3-4W1 Primary •il„M'!t,'1!3 A r ._. . Mr,9h ! 'hI_ 7 The Dumont Company Inc. W -7 U uid PO4 lbs $053D!1 Prima 7 Carus corporation quid PO4 Its $D SSYY Sunda !!1411 -ffi ri 11' Ii Whit 194.f,i VI"IV +.�d-iN il'e ' i M M .. ... Nk,:'. .�,lld" i.eu : R. d �:.: N'a".M :xw!I.'3iffirfitlIIG4 ": i!ixi�,:fi;54::x!17GI�"i"i uriatic Acid �!'9Fr""+ti lips $0.3100 Primary 8 The Dumont Cam an ,Inc. 8 Harcros Chemicals Inc N".00 uriatic Acid Ibs S0.3200 Secondary 11 W ry iAmerican Water Chemicals Inc cale Inhiib�itor Ibsp� $D 6900 Pinma ".4,8F'9 Inv' e - va44rir��Jii��"'- i Polvdvne PiW =wr I W -10 y ry, T, ! .: 918" �".i- 11Y�'' =p�F I t2-J,_ !"M "FJWJ,.'x - -` Sludge Polymer k �!, �i21 IP.�'!i lbs ..: r,: r�iY 1110 �1I�101i ry'I $1.40001 3 JA IT' F FviY -{1 Primary 10 1 10 BASF Corporation W-10 Stud Po er lbs S2 2300 Secondary :rvy,L- - {il`4 a II .'.:" !F.w: w'IGm s:}°3��51!W . - a . _ . - ...,:IP:r'.'!',L hii I ,:�- ,��,3 "4gw . :� r .. 1.i:nii' n "?s'l.::y:.. '1 ?PaA'!:P i4�. .'tea NSa� 4T.3. _m y RiW.. - `W- rG.'im„'�,�,`!: -'�.. 1,. ...1 - n!5!,4.. t; �, ?S Key Chemical W -11 50% Sodium H de lbs SO.3500i Primary 11 Harcros Chemicals Inc W-13 50% Sodium Hydroxi de Its $0.18001 secondary • .. l W -12 N r1• Sulfuric Acid lbs .i ..k $0.06301 rm I4, a Primary 12 Sulfuric Acid.Trachng Company, Inc. 12 1' LKLy Chemical 05 te~ x . _ , PRIM t a I�'�� N6NI� � W-3.2 �If�k� I"� Sulfuric And ,Jm f fin? �xs #� � ...: :� : �. Ills . $0.15MI Seconda ry 13 Poi ne W-19 Polymer Illos I S1.40DD Primary 1 13 BASF Corporation W-13 Polymer I lbs $2.23MI Secondary '� . . i,h : 1d R. I 14 ,_,,y �Ldwhbxr "i°Y. 14 PotVdyne WW -1 I Emulsion Polymer lbs $LOSW Primary 14 BASF Cor oration W 1 -1 Emulsion Polymer lbs $1.1500 Secondary :3' X54 .�-a4"en9:.� ='�•Sf..'�I!e�: a �g�a- '= :'- _� -•r _. , R k� � :."'c"`Ct�".. e 4 t rss� ; ' .aik { wr .5 ; 21 a :...,. . ! di d °j` a'' - i 41:€e . Y ?r' .I,h)ey ikxa°" 96 " S! kw,!:; Harcros Chemicals, Inc WW-2 ]5 Phosphoric Acid gal S12-75001 Primary 15 Shannon Chemical Corporation WV-2 W Phosphoric Acid gal SU.2701)1 Secondary . I.. :- 'x7, 14b ._._a. _VI�i@ilP ia.mr_El 16 Harcros Chemicals Inc WW -3 25 %Sodium hydroxide Solution al $1.3300 Primary ''p . �€'� ii�iha3w,�.:.;;:.»+. _, i.. ,xna :. ._..... r r a a- -:.- ,,.111 n94,- hsr,�..l Jriay .'_.._.. �,a .. R.T5ri4 .,, . 17 F2 Industries, LLC W/WW -1 Caiaum H chlorite Its $1.1600 Primary 17 Thatcher Chemical of Florida W 1 lCalcium Hypochiorite lbs $LZ300 Secondary 1:- . .,.1j.q. n F1®rww!am x, . w. r : ho- Odyssey Manufactunn Company /WW 2 S�o@dxium chlorite I $06400 Primary yW . .. nGBixl!4i',F:.iyf_Ifl�y, li W£�.. <51-:P d I wE a,.".�"ga"y47 ..I '4 YF:: -:� s5.. RN ..f ;i ....: xaa F I.�r 4�:..✓:a 19 Davis Supply, Inc. PR -1 Chlorine gal $=0001 Primary 19 The Dumont Comeanv. Inc, PR -1 Chlorine I $�,1500 Secondary I �IHR , "ll . R My14 s�MAN, ._!ki�'t,i'' -r'�. FF.=" � t �.;s;..' ill,°5 &'�'di ,-,1�" �, ':c' yI! Ihi'6. '� „� i . :� .. >,� .:£ �.: �:,:,• !c i ,i , �i,r k�a+'.,. w,, � �I r�I Vii 20 Harcros Chemicals, Inc PR -2 Sodium Bicarbonate Its $0.3500 Prnn 20 The Dumont Company: Inc PR -2 Sodium Bicarbonate lbs $0.36001 Secondary :: _.:.: r '"' i +_�III!,'ah, . ! 'i..::�: ":w {rs a ..'. ' iv w' i- ,,..x„ �. r °::a .t;: :,:w: ut xu . S".'.. - -.: t S' y s'F.:_.a�kyW°. i♦ ;4 - ! Ulfw 11 Harcros Chemicals Inc PR -3 I Murlafit Acid I $2.9000 Pnma rm!i{MR.iL'� sinwYu.:�.3{:o. .k',�, ::: :. m"�P!,s+;�;}llW,w'R r. �la`:,wi°�`"'�4�d11!t PR-4 ai,llt:,,�:�.., ua�%,:.'N�,3A. ,. ;Yr-e ;,:gym:, CO2 lbs .. - $D 23 OD Z2 Airgas National Carbonation Ph m rtrt y aye 9 m ..,m ai sew..y 23 Thatcher Chemical of Florida PR -5 Calcium Chloride Its $0.33DOI Primary 23 Harcros Chemicals Inc PR -S Calcium Chloride lips $0.37001 secondary r _ 24 Chemrhe PR-6 Cal-Hypo 100% Chlorine lbs SLZ2001 Primary 24 The Dumont Company, Inc. PR$ Cal H po 100% Chlorine) lbs SL4000 Secondary k. 1: �e'w.`y .. 2 I- "'L .emu _ :,a . _ ,,maa' ..:......: . 5.19.i,if, .I.r- r$•�!..°_aF . ir6' .+ih ..:.:. _�' _ _ .. a ji"!.Y a. :�: < :.:'ff 4 _:_i_!�.i! 25 The Dumont Company, Inc. WW -5 ! can Oil D reaser I $]09500 Imary ZS Fog Free Technologies WW -5 !Soybean Oil Degreaser PI $15.7500 Seconda Opened By: Nlmie Parker Witnessed By: Brenda Beaver Packet Page -943- 10-*N 3/26/2013 16.E.4. TANNIND -01 MCCO CERTIFICATE OF LIABILITY INSURANCE DATE(MMID°rYY�'Y) 9114/2012 THIS CERTIFICATE IS 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 PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER (215) 567 -6300 The Graham Company The Graham Building 1 Penn Square West Philadelphia, PA 19102 NAME: John D. Kurtz PHONE IAIC. 00. 215- 701 -5237 JAIC, No): 215-526-0241 'ADDRESS: Kurtz UNIT@grahamco.com INSURER(S) AFFORDING COVERAGE NAIC p wsURERA.Natlonal Union Fire Ins. Co. of Pittsburgh, P 19445 INSURED Tanner Industries, Inc. 735 Davisville Road, Third Floor Southampton, PA 18966- INSURER s :Commerce & Industry Insurance Company 19410 INSURER C : EACH OCCURRENCE INSURER D: PREMISES Me oerarrenoe INSURER E : MED EXP (Arty one person) INSURER F: PERSONAL & ADV INJURY LIJVLftMt.tN arrrYGGD. =r Ralf w rur ruuvo. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY M F P UMrrs A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY X CLAIMS -MADE 7 OCCUR 6676460 61112012 6/1/2013 EACH OCCURRENCE $ 1,000,00 PREMISES Me oerarrenoe E 300,00 MED EXP (Arty one person) $ 10,00 PERSONAL & ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,0 GENL AGGREGATE UMIT APPLIES PER: POLICY PRO- JECT FT LOC PRODUCTS - COMP/OP AGO $ 2,000,00 $ A AUTOMOBILE LIABILITY ANY.Aum ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS 5775620 61112012 6/1/2013 Ea accident SINGLE M $ 1,000,00 X BODILY INJURY (Per person) $ BODILY INJURY (Per acrJtlxrt) S Per acadeM $ Camp. & Collision: $ 5,00 A X UMBRELLA LWB I EXCESS LIAR X OCCUR I CLAIMS -MADE 765907 611/2012 6M/2013 EACH OCCURRENCE $ 5,000,00 X AGGREGATE S 5,000,00 DED I I RETENTIONS $ SEE BELO B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIET'ORIPARTNERIEXECUTiVE r--7 / N OFFICERIMEMBER EXCLUDED? (Mandatory M NH) Iyas describe under DESCRIPTION OF OPERATIONS below N I A 025889929 61112012 611=13 X I WC STATtI I I OTH El E.L. EACH ACCIDENT $ 1,000,0 E.L. DISEASE - EA EMPLOYEE $ 1,000,00 E.L DISEASE - POLICY LIMIT $ 1,000,00 B Pollution Coverage PLS12031329 6/1/2012 SM12015 Ea Loss/Agg: $10,000,00 DESCRIPTION OF OPERATIONS r LDCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Scheduie, I more apace is required) Umbrella Policy - Limits shown may be lower than the total limits provided Collier County Government is added as an Additional Insured on the above General Liability Policy. Collier County Government 3327 Tamiami Trail East Naples, FL 34112 - ACORD 25 (2010105) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE ®19118 -2010 ACORD CORPORATION. Ali rights reserved. The ACORD name and l000 are registamd marks -of ACORD Packet Page -944- 3/26/2013 16.E.4. ParkerNicole From: FMadden @tannednd.com Sent: Wednesday, January 02, 2013 2:54 PM To: ParkerNicole Subject: Tanner Industries non - acceptance of Award Hi Nicole, Unfortunately Tanner Industries will not be able to agree to all of the discussed terms and conditions, therefore we will not be able to move forward as your ammonia supplier for the upcoming contract term. We are very interested in your business, but at this time it is not in our best interest to proceed. Please keep us in mind for any and all bidding opportunities that will come up in the future. Thank You, Frank.Madden Sales Supervisor Tanner Industries 215 - 322 -1238 ext. 244 fmaddenCaD-tannerind.com Packet Page -945- n