Agenda 10/27/2009 Item #16E 6Agenda Item No. 16E6
October 27, 2009
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to rescind the award of Bid # 09 -5170 "Purchase and Deliver
Chemicals for Public Utilities" to Key Chemical Inc. and King Lee Chemicals Inc.
d/b /a King Lee Technologies, due to the companies' inability to fulfill required
contractual Pollution Liability Insurance coverage requirements.
OBJECTIVE: That the Board of County Commissioners, Ex- Officio, the Governing
Board of the Collier County Water -Sewer District, rescind the bid award for Bid #09-
5170 "Purchase and Deliver Chemical for the Public Utilities Division" to Key Chemical,
Inc., ( "Key Chemical ") and King Lee Chemical d/b /a King Lee Technologies, ( "King
Lee "), due to their inability to obtain the required Pollution Liability Insurance coverage.
CONSIDERATIONS: On July 28, 2009, Agenda Item 16C5; The Board of County
Commissioners awarded Bid #09 -5170 for various chemicals to various vendors
including Key Chemical and King Lee for 50% Sodium Hydroxide and Scale Inhibitor,
respectively.
Subsequent to the bid award, the County received e -mails from Key Chemical and King
Lee, advising that they were unable to obtain Pollution Liability Insurance coverage as
required by the contract. After review and discussion with staff from the Purchasing,
Public Utilities, and Risk Management staff, and the Office of the County Attorney, the
conclusion was reached that, since other awarded firms were in compliance, it would be
inappropriate to seek the Board's waver of that contractual requirement. There are no
adverse consequences to the County with this recommendation as there are other vendors
on the awarded contract that can provide the aforementioned chemicals.
FISCAL IMPACT: There is no fiscal impact associated with this action.
GROWTH MANAGEMENT IMPACT: This project meets current Growth
Management Plan standards to ensure the adequacy and availability of viable public
facilities.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's
Office and is legally sufficient for Board action. — CMG
RECOMMENDATION: That the Board of County Commissioners rescind the award
of Bid #09 -5170, "Purchase and Deliver Chemical for Public Utilities" to Key Chemical
and King Lee.
PREPARED BY: Dianna Perryman, Contract Specialist, Purchasing Department
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Agenda Item No. 16E6
October 27, 2009
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16E6
Item Summary: Recommendation to rescind the award of Bid # 09 -5170 "Purchase and Deliver Chemicals
for Public Utilities" to Key Chemical Inc. and King Lee Chemicals Inc. due to the companies'
inability to fulfill required contractual Pollution Liability Insurance requirements.
Meeting Date: 10/27/2009 9:00:00 AM
Prepared By
Dianna Perryman
Contract Specialist
Date
Administrative Services
Purchasing
10/14/2009 8:32:00 AM
Approved By
Peter Schalt, PMP
Senior Project Manager
Date
Public Utilities Planning and Project
Public Utilities
Management Department
10/14J2D09 8:48 AM
Approved By
Kelsey Ward
Contract Administration Manager
Date
Administrative Services
Purchasing
1011412009 1:31 PM
Approved By
Joanne Markiewicz
Operations Manager
Date
Administrative Services
Purchasing
10/14/2009 2:14 PM
Approved By
Paul Mattausch
Water Director
Date
Public Utilities
Water
10/14/2009 2:51 PM
Approved By
Scott Johnson
Purchasing Agent
Date
Administrative Services
Purchasing
10/1412009 4:22 PM
Approved By
Steve Carnell
Purchasing /General Svcs Director
Date
Administrative Services
Purchasing
10114/2009 5:09 PM
Approved By
Scott R. Teach
Assistant County Attorney
Date
County Attorney
County Attorney Office
10/15/2009 12:45 PM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin.
10/15/2009 2:08 PM
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Agenda Item No. 16E6
October 27, 2009
Page 3 of 3
Approved By
Jeff Klatzkow
County Attorney
County Attorney
County Attorney Office
Date
10/19/2009 11:45 AM
Approved By
Randy Greenwald
Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
10/1912009 1:48 PM
Approved By
John A. Yonkosky
Director of the Office of Management
Date
County Manager's Office
Office of Management & Budget
10/19/2009 1:53 PM
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