HomeMy WebLinkAboutContract 56272 CSC No.56272
FORT WORTH
CITY OF FORT WORTH
PURCHASE AGREEMENT BASED UPON AN INTERLOCAL AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND INEOS CALABRIAN CORPORATION
WHEREAS Section 271.102 of the Texas Local Government Code allows Local Governments to pursue
mutually beneficial and cooperative purchasing programs; and
WHEREAS, pursuant to Chapter 791 of the Texas Government Code and Subchapter F, Chapter 271 of
the Texas Local Government Code, the City of Fort Worth (City), a Texas home-rule municipality and
City of Dallas (Name of other Entity) have entered into an Interlocal Cooperative Purchasing Agreement
on December 21, 2004, which provides that when the one of the Local Government Entities enters into a
contract with a Vendor for goods and services, the other Local Government is able to enter into a Purchase
Agreement with the Vendor under the same terms and conditions offered to the Original Local
Government Entity so long as the Vendor is agreeable. Copy Attached as Exhibit A;
WHEREAS Ineos Calabrian Corporation(Vendor) and City of Dallas (Name of other Entity) entered into
a Purchase Agreement on December 11, 2019, for liquid sulfur dioxide for wastewater treatment and this
Agreement allows other Local Governmental Entities to enter into a Purchase Agreement with Vendor
under the same terms and conditions. (Copy attached as Exhibit B);
NOW THEREFORE, City and Vendor each of which will individually be referred to as a "Party" and
collectively as the "Parties entered into this Purchase Agreement by and between Ineos Calabrian
Corporation ("Vendor") and the City of Fort Worth, ("City").
The Parties agree that any references to the City of Dallas in Exhibit B shall be construed as the City of
Fort Worth for the purposes of this Agreement and all rights, benefits, duties, and obligations shall inure
to the City as if the contract in Exhibit B were originally executed between the City and Vendor. This
shall specifically include any requirements imposed on Vendor by virtue of City of Dallas Ordinance
included in Exhibit B.
The Agreement includes the following documents which shall be construed in the order of precedence in
which they are listed:
1. Exhibit A— Agreement between the City of Fort Worth and City of Dallas;
2. Exhibit B — Contract between the City of Dallas and Vendor for Liquid Sulfur Dioxide
identified as Contract No. 19-1917;
3. Exhibit C— Vendor's Quote, Pricing, Scope of Services or Purchase Order;
4. Exhibit D— Conflict of Interest Questionnaire.
Exhibits A, B, C and D which are attached hereto and incorporated herein, are made a part of this
Agreement for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
B pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits
thereto. In the event of a conflict between Exhibit B and this Agreement or Exhibit A,then this Agreement
and Exhibit A shall control.
City shall pay Vendor in accordance with the fee schedule in Exhibit C and in accordance with the
provisions of this Agreement. Total payment made under this Agreement for the first year by City shall
be in the amount of One Hundred Thousand Dollars ($100,000.00). Vendor shall not provide any
additional items or services or bill for expenses incurred for City not specified by this Agreement unless
City requests and approves in writing the additional costs for such services. City shall not be liable for any
additional expenses of Vendor not specified by this Agreement unless City first approves such expenses
in writing.
The term of this Agreement shall begin upon execution by the City Secretary below and ending
on December 11, 2021. City shall be able to renew this agreement for one (1) one-year renewal options
by written agreement of the parties.
Vendor agrees that City shall, until the expiration of three (3) years after final payment under this
Agreement, or the final conclusion of any audit commenced during the said three years, have access to
and the right to examine at reasonable times any directly pertinent documents and records of Vendor
involving transactions relating to this Agreement. Vendor agrees that City shall have access during normal
working hours to all necessary Vendor facilities subj ect to Vendor's reasonable rules and regulations while
at Vendor's facilities, and shall be provided adequate and appropriate work space in order to conduct
audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice
of intended audits, and all such audits shall be conducted on regular business days during Vendor's regular
business hours in a manner that will not unreasonably interfere with Vendor's operations at its facilities.
City's auditors shall present proper credentials to the manager of Vendor's facility at the time that they
are admitted to such.
This Agreement shall be construed in accordance with the laws of the State of Texas. If any action,
whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action
shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern
District of Texas, Fort Worth Division.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined to
have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives, (2)delivered by facsimile with electronic confirmation of the transmission, or(3)received
by the other party by United States Mail, registered, return receipt requested, addressed as follows:
To CITY: To VENDOR:
City of Fort Worth Ineos Calabrian Corporation
Attn: Dana Burghdoff, Assistant City Manager Michelle M. Gehle Title Account Manager
200 Texas Street
Fort Worth, TX 76102-6314 Address:
Facsimile: (817) 392-8654 1521 Green Oak Place, Suite 200
Kingwood, TX 77339
With copy to Fort Worth City Attorney's Office at
same address Facsimile: 281-348-2310
[SIGNATURES FOLLOW]
The undersigned represents and warrants that he or she has the power and authority to execute this
Agreement and bind the respective Vendor.
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
By: Dana Burghdoff(Sep 3,202 0:34 CDT) responsible for the monitoring and administration
Name: Dana Burghdoff of this contract, including ensuring all performance
Title: Assistant City Manager and reporting requirements.
Date:
W"
APPROVAL RECOMMENDED: By: Darla Morales(Sep 1,202115:30 CDT)
Name: Darla Morales
Title: Parts Material Supervisor
Christopher oarder
By: Christopher Harder(Sep 2,202107:14 CDT) APPROVED AS TO FORM AND LEGALITY:
Name: Chris Harder
Title: Water Director
ATTEST: b�poRrn�B By: Taylor P is(Sep 3,202110:01 CDT)
�O°°°° °°°�L�d
° 00 od Name: Doug Black
o Title: Sr. Assistant City Attorney
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By: da4��n r°o°°o ad CONTRACT AUTHORIZATION:
EXAoo
Name: Ronald Gonzales M&C: N/A
Title: Acting City Secretary
VENDOR:
Ineos Calabrian Corporation ATTEST:
By: 14L&
Na 71e: Michelle M. Gehle BY
Title: Account Manager Name:
Title:
Date: 08/24/2021
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
EXHIBIT A
INTERLOCAL COOPERATIVE PURCHASING AGREEMENT
l
BY AND BETWEEN THE CITY OF DALLAS,TEXAS AND
THE CITY OF FORT WORTH, TEXAS
THIS AGREEMENT is made and entered into by and between the CITY OF DALLAS,
a home-rule municipal corporation located in Dallas County, Texas (hereinafter referred to
as "DALLAS"), and the CITY OF FORT WORTH, a home-rule municipal corporation
located in Tarrant County, Texas (hereinafter referred to as "FORT WORTH,").
WHEREAS, Section 271.101 of the Texas Local Government Code, enables local
governments to participate in cooperative purchasing programs with other local
governments to purchase goods or services off contracts currently existing between another
local government and a vendor, and such process satisfies the state law competitive bid
requirements; and
WHEREAS, DALLAS currently has contracts with various vendors for products and/or
services, and FORT WORTH has a need for same and desires to enter into a Cooperative
Purchasing Agreement with DALLAS pursuant to Section 271.101, et seq. Texas Local
Government Code; and
WHEREAS,FORT WORTH agrees to prepare, execute, and administer its own contract
with the vendor and the City of Dallas shall not be a party to Fort Worth's agreement with
the vendor.
NOW, THEREFORE, DALLAS and FORT WORTH, for the mutual consideration
hereinafter stated, agree as follows:
I.
EFFECTIVE DATE/TERM
This Agreement shall be effective upon execution by the parties. This Agreement shall
continue in effect annually until it is terminated as provided herein.
I
INTERLOCAL COOPERATIVE PURCHASING AGREEMENT BETWEEN Fr WORTH&DALLAS 1
II
DUTIES OF FORT WORTH
FORT WORTH agrees to prepare, execute, and administer its own contract with the
vendor and DALLAS shall not be a party to the agreement between vendor and FORT
WORTH. DALLAS shall have no obligations for payment to vendor for any services or
goods incurred by any party other than DALLAS. Any payments owed the vendor for
services or goods shall be paid directly by FORT WORTH. FORT WORTH will be
responsible for the vendor's compliance with provisions relating to the quality of items and
terms of delivery; and any other terms or conditions of its agreement with the vend.
III
TERMINATION
This Agreement may be terminated at any time, with or without cause, by either party
giving thirty (30) days advance written notice to the other party.
IV,
NOTICE
Notice as required by this Agreement shall be in writing delivered to the parties via
facsimile or certified mail at the addresses listed below. Each party shall notify the other in
writing within ten (10) days of any change in the information listed in this paragraph.
DALLAS FORT WORTH
Mark Duebner Charles R. Boswell
Interim Director Interim City Manager
Business Development and Procurement Services City of Fort Worth
City of Dallas 1000 Throckmorton St
1500 Marilla Fort Worth, Texas 76102
Dallas, Texas 75201 Telephone: (817) 392-8511
Telephone: (214) 670-3326 Facsimile: (817) 392-6134
Facsimile: (214) 670-4793
INTERLOCAL COOPERATIVE PURCHASING AGREEMENT BETWEEN FT WORTH&DALLAS 2
V.
HOLD HARMLESS
Each party does hereby agree to waive all claims against, release, and hold harmless the
other party and its respective officials, officers, agents, employees, in both their public and
private capacities, from any and all liability, claims, suits, demands, losses, damages,
attorneys fees, including all expenses of litigation or settlement, or causes of action which
may arise by reason of injury to or death of any person or for loss of, damage to, or loss of
use of any property arising out of or in connection with this contract.
Each party to this Agreement agrees to be responsible for its own negligent acts or
omissions in the course of performance of this Agreement, to the extent allowed by
applicable law and without waiving any governmental immunity available to each party or
waiving any other defenses available to each party under Texas law. DALLAS shall be
responsible for its sole negligence. FORT WORTH shall be responsible for its sole
negligence. The provisions of this paragraph are solely for the benefit of the parties hereto
and are not intended to create or grant any rights, contractual or otherwise, to any other
( person or entity.
VI.
ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement between DALLAS and
FORT WORTH and supersedes all prior negotiations, representations and/or agreements,
either written or oral. This Agreement may be amended only by written instrument signed
by both parties.
V1I.
VENUE
This Agreement and any of its terms or provisions, as well as the rights and duties of the
parties hereto, shall be governed by the laws of the State of Texas, and this Agreement is
performable in Dallas County, Texas. Exclusive venue shall be in Dallas County; Texas.
(
INTERLOCAL COOPERATIVE PURCHASING AGREEMENT BETWEEN Fr WORTH&DALLAS 3
VIII.
SEVERABILITY
The provisions of this Agreement are severable. In the event that any paragraph, section,
subdivision, sentence, clause, or phrase of this agreement shall be found to be contrary to
the law, or contrary to any rule or regulation having the force and effect of the law, such
decisions shall not affect the remaining portions of this Agreement. However, upon the
occurrence of such event, either party may terminate this Agreement by giving the other
party thirty (30) days written notice of its intent to terminate.
IX.
AUTHORITY TO SIGN/CITY COUNCIL AUTHORIZATION
The undersigned officer and/or agents of the parties hereto are duly authorized officials and
possess the requisite authority to execute this Agreement on behalf of the parties hereto.
DALLAS has executed this Agreement pursuant to the duly authorized resolution No.
042282 of the DALLAS City Council on August 11, 2004. FORT WORTH has executed
this Agreement pursuant to the duly authorized FORT WORTH Mayor & City Council
Communication(M&C)No. P-9992 dated July 06, 2004.
X.
ASSIGNMENT AND SUBLETTING
The parties agree that the rights and duties contained in this Agreement will not be assigned
or sublet without the prior written consent of both parties.
XI.
INTERPRETATION OF AGREEMENT
This is a negotiated Agreement, should any part of this Agreement be in dispute, the parties
stipulate that the Agreement shall not be construed more favorably for either party.
INTERLOCAL COOPERATIVE PURCHASING AGREEMENT BETWEEN Fr WORTH&DALLAS 4
( X1I.
REMEDIES
No right or remedy granted herein or reserved to the parties is exclusive of any right or
remedy granted by law or equity; but each shall be cumulative of every right or remedy
given hereunder. No covenant or condition of this Agreement may be waived without the
express written consent of the parties. It is further agreed that one (1) or more instances of
forbearance by either party in the exercise of its respective rights under this Agreement
shall in no way constitute a waiver thereof.
EXECUTED in duplicate originals thisday ofZ-,Ile�4Wg4, 2004.
CITY OF FORT WORTH,TEXAS
CHARLES R.BOSWELL
IN44MM CITY MANAGER
APPROVED AS TO FORM
Carla Cook
ASSIST ITY ATTORNEY
BY: BY: �
Carla Cook Charles R. Boswell
ASSIST. CITY ATTORNEY dI CITY MANAGER
CITY OF DALLAS,TEXAS
MARY K. SUHM
INTERIM CITY MANAGER
APPROVED AS TO FORM:
Madeleine B. Johnson
CITY ATTORNEY
BY: BYVS
LawrAGScalf Ma
ASSIST. CITY ATTORNEY INTERIM CITY MANAGER
S twit-W 10:City Att
R%TERLOCAL COOPERATIVE PURCHASING AGREEMENT BETWEEN FT WORTH&DALLAS 5
ACKNOWLEDGMENTS
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the
c`��<S day of
2004 by MARY K. SUHM,4ftterim City Manager of the CITY OF DALLAS, TEXAS
a home-rule municipal corporation, on behalf of said corporation.
Notary Public in and for t
State of Texas
STATE OF TEXAS § yIGTON N INEZ
§ a XTE QF'TEXAS
COUNTY OF C44—IN § ta+ MY Comm Explrea0l i8$001
This instrument was acknowledged before me on the 4,4'0 day of '4 "Af FORT
2004 by CHARLES R. BOSWELL, Interim City Manager of the CIT
Y OF WORTH, TEXAS, a home-rule municipal corporation, on behalf of said corporation.
F �1`SY_PLe•.• PATSY COX
NOTARY PUBLIC Notary Public in for the
ma's
State of Texas
S Q: State of Texas
yTe..... Comm Exo 12-18-2004
,y ''• Of
,,r A r r_nnpFu ATl Vp.PURCHASING AGREEMENT BETWEEN FT WORTH&DALLAS 6
COUNCIL CHAMBER
w
042282
' August 11 2004
WHEREAS, this agreement is authorized by Chapter 791 of the Texas Government
Code and Subchapter F, Chapter 271, Texas Local Government Code; and
WHEREAS, Section 271 .102 of the Texas Local Government Code authorizes a local
government to participate in a Cooperative Purchasing Program with another local
government or a local cooperative organization; and
WHEREAS, a local government that purchases goods and services pursuant to a
Cooperative Purchasing Program with another local government satisfies the
requirement of the local government to seek competitive bids for the purchase of the
goods and services; and
WHEREAS, participation in a Cooperative Purchasing Program will be highly beneficial
to the taxpayers of Dallas and Fort Worth through the anticipated savings to be realized
and is of mutual concern to the contracting parties; and
Now,Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
Section 1. That the City Manager, upon approval as to form by the City Attorney, is
hereby authorized to execute an Interlocal Agreement with the City of Fort Worth to
establish a Cooperative Purchasing Program.
Section 2. That this resolution shall take effect immediately from and after its passage
in accordance with the provisions of the Charter of the City of Dallas, and A is
accordingly so resolved.
DISTRIBUTION:
Office of Business Development and Procurement Services -3FS
Office of Financial Services - 4FN
City Attorney's Office
APPROVED BY
CITY COUNCIL
AUG 11 2004
City Ccnretary
APPROVED APPROVED CRY MANAGER
XAPPROVED CRY CONTROLLER
HEAD OF i_,Z,P j
M&C AP8802 Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
Date Refere nce Number Log Name Page
3/11/99 **P_8802 99-0059 1 of 1
Subject AUTHORIZE INTERLOCAL AGREEMENTS FOR GOODS AND SERVICES
BETWEEN THE CITY OF FORT WORTH, THE CITY OF GRAPEVINE AND
OTHER GOVERNMENTAL ENTITIES
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute interlocal
agreements between the City of Fort Worth, the City of Grapevine and other
governmental entities who request such interlocal agreements for the purchase of goods
and services.
DISCUSSION:
The Texas Local Government Code, Chapter 271.102, authorizes political subdivisions to
contract with each other for governmental functions such as the purchase of goods and/or
services. A local government that purchases goods or services under this subchapter
satisfies any state law relative to the competitive bidding requirements.
The use of interlocal agreements allows political subdivisions to access existing contracts
to take advantage of lower prices without the cost of competitive bidding. Either of the
contract participants may terminate the agreement with written notice to the other party.
The City of Grapevine is seeking interlocal agreements with the City of Fort Worth in order
to access the fuel agreements to purchase fuel. Tarrant. County and the cities of
Southlake, Haltom City, Colleyville and North Richland Hills have already requested and
received contracts for interlocal agreements to access the City of Fort Worth's fuel
contracts. Purchase agreements that were bid as interlocal goods and services contracts
will be available to these and other_govern_mental entities.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this M&C will have no material effect on City funds. -
CB:k
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M&C 4P8802 Page 2 of 2
( BQN/99-0059/KDK
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Charles Boswell 8511
Originating Department
Head:
Jim Keyes 8517 (from) Related Records
Additional Information
Contact:
Robert Combs 8321
1
-FlP•//('•\T)nriim Pnt.qo/„?.C)anci%2OSettinLs\karleke\Local%20S ettinRs\Temuorarv%24lnteme... 1/13/2004
CITY OF DALLAS
Office of Business Development& Procurement Services
www.bids.dallascityhal 1.o rq
1500 Marilla Street, Room 3FS
Dallas,TX 75201-7963
October 27, 2004
Kevin D. Karle, Senior Buyer
City of Fort Worth
1000 Throckmorton St
Fort Worth TX 76102
RE: Interlocal Cooperative Purchasing Agreement Between Ft Worth&Dallas
Attached please find four copies of the subject Contract each to be executed as an
original. Please obtain required signatures on each instrument and return to me at the
following address:
Dot Washington
Business Development&Procurement Services
1500 Marilla,Room 3FS
Dallas, TX 75201
A fully executed contract will be mailed to you after all City of Dallas signatures are
obtained.
Should you have any questions,please call me at 214-670-3391.
f
Dot Washington
Buyer
- -
Attachments
C: file
rev.9/27/01 "Dallas The City that works:diverse,vibrant and progressive"
CITY COUNCIL MEETING Page 1 of 2
CITY COUNCIL MEETING
MARCH 11, 1999
Date & Time On the 11th day of March, A.D., 1999, the City Council of the
City of Fort Worth, Texas, met in regular session, at 7:20
p.m.,.in the City Council Chamber, 1000 Throckmorton, with
the following members and officers present:
j 1
Attendance !, Mayor Kenneth Barr; Mayor Pro tempore Jim Lane; Council
Members Chuck Silcox, Becky Haskin, Frank Moss, Clyde
Picht, Jeff Wentworth, Ralph McCloud and Cathy Hirt; City
Manager Bob Terrell; City Attorney Wade Adkins; City
Secretary Gloria Pearson. With more than a quorum
present, the following business was transacted:
Invocation The invocation was given by Reverend A. V. Fisher, Salem
Missionary Baptist Church.
f
3
Pledge ` The Pledge of Allegiance was recited.
iF --- -----
Minutes On motion of Council Member Wentworth McCloud
seconded by Council Member McCloud Haskin the minutes
of the regular meeting of March 2, 1999, were approved
j unanimously.
_ t
I
Special Council Member Haskin presented Dorothy Wing with a j
Presentations! Proclamation for American Red Cross Month.
Introductions Council Member Hirt presented a Proclamation for 1999
Fort Worth Outstanding Women's Day to the eight
I' honorees who were introduced by Mrs. Mary Ann Epps.
j Epp. Mrs. Epp thanked the Council for the
proclamation and introduced eight women from the
-co
mm_unity _who volunteer_ their- time-_-and _-experience _ ----
I towards the advancement of women's issues.
Willa Lister of the Parks and Community Services
Department presented plaques to various
entitiesorganizations in appreciation for their work and.
assistance with the City's Cowboy Santa Supporte
program. The recipients honored were: Children 2,000
http://www.fortworthgov.org/esee/1999N4inutes/19990311.html 11/7/2004
CITY COUNCIL MEETING Page 2 of 2
Foundation, Texas Lil's Dude Ranch; Lockheed Martin
Employees Contri-Club; Ridgmar Mall; Channel 8, Santas
Helpers;.Vandervoort's Dairy; and the United States Marine
Corps Reservists.
i
Announcements Council Member Silcox announced athat the Zoning
Commission would conduct a Public Hearing on on April
14, 1999 for the purpose of reviewing amendments to the
Zoning Ordinance. on April 15, 1998 time in Council
Chambers.
i
i
I
Withdrawn/Consent City Manager Bob Terrell requested that Mayor and Council
Communication No. 17305 be moved from the consent
Agenda agenda and removed be withdrawn from the Council
j agenda. for consideration at a later date.
Consent Agenda On motion of Council Member MossWentworth, seconded
by Mayor Pro tempore LaneCouncil Member Silcox, the
jconsent agenda, as amended, was adopted unanimously.
i
http://www.fortworthgov.org/esec/1999Minutes/19990311.html 11/7/2004
CITY COUNCIL MEETING Page 1 of I
jP-8802 - '� There was resented Mayor. ._
p and Council Communication
No. P-8802 from the City Manager recommending that the
Interlocal City Council authorize the City Manager to execute
Agreements interiocal agreements between the City of Fort Worth, the
City -of Grapevine -and other governmental entities who
for Goods and request such interlocal agreements for the purchase of
goods and services. It was the consensus of the City
Services Council that the recommendation be adopted.
http://www.fortworthgov.org/esec/1999NEnutes/199903 I Lhtml. 11/7/2004
Online City Council Agenda Page 1 of 2
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Print M&C
COUNCIL'ACTI;ON Approved 9n,.7/612004A
DATE: 7/6/2004 REFERENCE NO.: **P-9992 LOG NAME: 13PO4-0146
CODE: P TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT: Purchase Agreement for Hardware Supplies with Texas Building Procurement Commission,
Texas Multiple Award Schedule and City of Dallas Program Term Contracts for the City of Fort
Worth
RECOMMENDATION:
It is recommended that the City Council authorize:
1. A purchase agreement for hardware supplies with Texas Building Procurement Commission (TBPC),
Texas Multiple Award Schedule Program (TXMAS) and City of Dallas term contracts for the City of Fort
Worth with payment due 30 days from date of invoice. The City takes ownership at the City's facilities. Freight
( s prepaid and added to invoice for orders that do not meet the $100.00 minimum.
2. Each of the following local vendors was awarded hardware supplies: Best Products Company,
Bluebonnet Supply, Force Rigging Supply, Lawson Products, MSC Industrial Supply, DF Sales and other
vendors statewide.
3. This agreement to begin July 6, 2004 and expire on July 5, 2005, with options to renew for two additional
one-year periods.
DISCUSSION:
The TBPC 320-1A, 450-1A; TXMAS 3-51V020, 3-51VO30 and City of Dallas BV0407 term contracts were
awarded to local and statewide vendors offering catalogue discounts on industrial hardware and supplies
such as fasteners, glues, batteries, flashlights, chains, ropes, ladders, coolers, wheelbarrows, storage
cabinets, door knobs, deadbolts and padlocks with various discounts and list prices. These products will be
used by City Departments to repair City owned facilities and equipment. Departments will determine which
vendor to obtain products needed based upon TBPC, TXMAS and City of Dallas vendor award, cost, -
availability, proximity to job site and delivery.
- Any-onetime-purchase exceeding 125,000 will-be presented-to the City Council via M&C.-The-Purchasing - - -
Division will establish annual agreements with the awarded vendors.
The pricing has been reviewed from the TBPA, TXMAS and City of Dallas contracts and was found to be
competitive. Under Section 271,083 of the Texas Local Government Code, a local government purchasing an
'tem under such a contract satisfies any state law requiring that the local government seek competitive bids
for purchase of the item.
RENEWAL OPTIONS —This agreement may be renewed for up to two successive one-year terms at the
http://www.fortworthgov.org/council_packet/mc review.asp?ID=2334&councildate=7/6/2004 11/7/2004
Online City Council Agenda Page 2 of 2
City's option. This action does not require specific City Council approval, provided the City Council has
appropriated sufficient funds to satisfy the City's obligation during the renewal term.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budgets, as appropriated, of
the participating City departments.
BQNk04-0146kKDK
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Charles Boswell (6183)
Originating Department Head: Jim Keyes (8517)
Additional Information Contact: Robert Combs (8357)
Kevin Karle (8356)
ATTACHMENTS
http://www.fortworthgov.org/council_pac.ket/me review.asp?ID=2334&councildate=7/6/2004 11/7/2004
Online City Council Agenda Page 1 of 1
B. Purchase of Equipment, Materials, and Services
**1. M&C P- - Purchase Agreements for Computers, Computer Peripheral
9987 Equipment, Communication Equipment and Parts with
Multiple Vendors for the IT Solutions Department
**2. M&C P- - Purchase Agreement for Window and Door Glass Repair
9988 and Replacement with A&B Glass and Mirror
**3. M&C P- - Purchase Agreement for Backfill Sand with McCauley Dirt
9989 Company for the Water Department
**4. M&C P- - Confirm Emergency Purchase of Two New Toro 3281)
9990 Outfront Mowers from Houston Galveston Area Council
for the Parks and Community Services Department
**5. M&C P- - Purchase Agreement for Hand Tools with Texas Building
9991 Procurement Commission and Texas Multiple Award
Schedule Program Term. Contracts for the City of Fort
Worth
**6. M&C P- - Purchase Agreement for Hardware Supplies with Texas
9992 Building Procurement Commission, Texas Multiple Award
Schedule and City of Dallas Program Term Contracts for
the City of Fort Worth
C. Land
**1. M&C L- - Condemnation of One Parcel of Land Out of Lot 1, Block
13857 1,Frank Kent Subdivision,Required for the Re-Alignment
of Main Street at Lancaster Avenue Near the Central
Business District(DOE 4007)
**2. M&C L- - Acceptance of One Permanent Easement from Tarrant
13858 Regional Water District for Property Located West of
Femwood Street and South of Carswell Access
Road (DOE 4101)
**3. M&C L- - Acceptance of One Permanent Sanitary Sewer Easement
13859 from AIL Investment,L.P. and One Permanent Sanitary
Sewer Easement from Hillwood Saratoga,L.P. for Property
Located West of Alta Vista Drive and-South of Alliance
Gateway in Far North Fort Worth(DOE 4411)
4. M&C L- - Authorization to Allow the Lease for Lot 14B and 14C,
13860 Block 32, Lake Worth Lease Survey to Expire and
Authorize Settlement Negotiations
(
http://www.fortworthgov.org/council_packet/c.reate council agenda.asp 11/7/2004
1 \
FORTWORTH I
MEMORANDUM I.
DATE: February 28, 2007
TO: Amy Ramsey,Assistant City Attorney /ol
Karen Montgomery,Assistant City Manager/CFO
Marty Hendrix, City Secretary
FROM: Richard Zavala,Acting Finance Director
I,
CC: Jack Dale, Purchasing Manager I
Pamela Kenney,Administrative Secretary i!I
RE: Interlocal Agreement
The attached interlocal agreement with Dallas County at no cost to the City is forwarded for your
review and approval.
Dallas County requested that the City of Fort Worth(City) and Dallas County enter into an
interlocal agreement for cooperative purchasing. Cooperative purchasing agreements such as
this are authorized under Section 271.102 of the Texas Local Government Code.
i
i
This interlocal agreement will allow Dallas County to utilize the City's contracts and will also
allow the City to utilize Dallas County's contracts, should any such contract present good value
and purchasing opportunities to the City.
�I
The Fort Worth City Council granted the City Manager the authority to execute this interlocal ;1
agreement with Dallas County on February 14, 2006 (M&C P-10321, copy attached).
Since the interlocal agreement has no cost associated with it,no further City Council approval or
I�
M/WBE participation is required.
Once completed,please contact Pamela Kenney,Administrative Secretary, at extension 8381,to G
pick up the executed documents. Should you have any additional questions,please let me know.
h
Attachments
E
i,
r
i
COURT ORDER 37
ORDER NO: 2007 47
DATE: JANUABY 30, 2007
STATE OF TEXAS §
COUNTY OF DALLAS §
BE IT REMEMBERED, at a regular meeting of Commissioners Court of Dallas County, Texas, held on the
30th day of .Tanuary , 2007, on
a motion made.by Mike Cantrell, Commissioner of District No. 2 , and seconded by
Maurine Dickey, Commissioner of District No. 1 , the following Court Order was adopted:
WHEREAS, the Purchasing Department briefed Commissioners Court on January 23, 2007 concerning a
master interlocal/cooperative purchasing agreement with the City of Fort Worth; and
WHEREAS, Dallas County will utilize this cooperative purchasing opportunity when appropriate and
competitive pricing is verified; and
WHEREAS, Texas Government Code 791 authorizes local governments to form and participate in
cooperative purchasing alliances
IT IS THEREFORE ORDERED,ADJUDGED,AND DECREED that the Dallas County Commissioners
Court does hereby authorize the attached master interlocal/cooperative purchasing agreement with the City of
Fort Worth and authorize the County Judge to sign all related documents.
DONE IN OPEN COURT this the 30th day of January _ ; 2007.
t
-ABSENT k
Jim Foster, County Judge Dickey, District#1 Mike Cantrell, District#2
John Wiley Pri District#3 Kennet ayfield, Distr' 4
Reco nded by:
Shannon S. Brown,Purchasing Agent
' I
Fort Worth&Dallas County CONTRACT R .
CITY SECRETARY
Cooperative Purchasing Interlocal Agreement
( MASTER INTERLOCAL/COOPERATIVE PURCHASING AGREEMENT
This Master Interlocal/Cooperative Purchasing Agreement ("Master Agreement") is
made and entered into as of the date written below between the City of Fort Worth, a
home-rule municipality located in Tarrant, Denton, and Wise Counties, Texas ("Fort
Worth") and Dallas County, a governmental entity located in Texas ("Dallas County").
(Fort Worth and Dallas County may be referred to individually herein as "Party", and
collectively as the"Parties").
WHEREAS, Fort Worth does enter into competitive bids for acquisition of various
goods and services in accordance with Texas Local Government Code Chapter 252,
Subchapter B, "Competitive Bidding or Competitive Proposals Required: as amended;
and
WHEREAS, Dallas County does enter into competitive bids for acquisition of various
goods and services in accordance with Texas Local Government Code Section 262.023
"Competitive Bidding and Competitive Proposal Requirements", as amended; and
WHEREAS, the Parties have determined a need for a reciprocal interlocal/cooperative
agreement to purchase like goods and services to avoid duplicate procurement efforts and
obtain the benefits of volume purchasing; and
( WHEREAS, the Parties are authorized by Section 271.102 of the Texas Local
Government Code and Section 791.025 of the Texas Government Code to pursue
mutually beneficial and cooperative purchasing programs and enter into interlocal
agreements for the purchase of goods and services thereby satisfying state law
competitive bid requirements.
NOW, THEREFORE, for and in consideration of the mutual obligations and benefits
contained herein,Fort Worth and Dallas County agree as follows:
SECTION 1.
DEFINITIONS.
Awarding_Party. The Party that was the original procuring governmental entity in
compliance with state law competitive bidding requirements.
Supplier Agreement. An existing agreement between the Awarding Party and a
Vendor that satisfies the requirement of a local government to seek competitive bids
for the purchase of goods and services.
Vendor. An external business, entity or enterprise that supplies goods and/or services
to the Awarding Party through a Supplier Agreement.
I
Page I of 3
I'
Fort Worth &Dallas County
Cooperative Purchasing Interlocal Agreement
SECTION 2. The purpose of this Master Agreement is to provide Fort Worth and Dallas
County with additional purchasing options by satisfying the provisions of Section
791.025 of the Government Code and Sections and 271.102 of the Local Government
Code.
SECTION 3. The Parties agree that each shall name a designated representative to act
under the direction of, and on behalf of, the designating Party.
SECTION 4. Each Party agrees to be bound by the terms, conditions and expiration date.
of the requested Supplier Agreement, and hereby agrees to fulfill each and every
requirement contained therein as if it were the Awarding Party.
SECTION 5. Each Party agrees, at its sole cost and expense, to independently
administer the requested Supplier Agreement and to pay the Vendor directly for any and
all related costs. In addition, each Party shall have the responsibility of determining
whether the Vendor has complied with any provisions in its contract, including but not
limited to those relating to the quality of items and terms of delivery, and shall be
responsible for enforcement of its contract against the Vendor, including all cost of
enforcement.
SECTION 6. This Master Agreement will be subject to all applicable federal, state and
local laws, ordinances,rules and regulations.
( SECTION 7. This Master Agreement may be terminated by either party, without cause
or penalty,upon not less than thirty days written notice to the other party.
SECTION 8. The Parties acknowledge that each Party and, if it so chooses, its counsel
have reviewed and revised this Master Agreement and that the normal rule of
construction to the effect that any ambiguities are to be resolved against the drafting party
must not be employed in the interpretation of this Master Agreement or any amendments
or exhibits hereto.
SECTION 9. If any action, whether real or asserted, at law or in equity, arises on the
basis of any provision of this Master Agreement, venue for such action shall lie in state
courts located in Tarrant County, Texas or the United States District Court for the
Northern District of Texas — Fort Worth Division. This Master Agreement shall be
construed in accordance with the laws of the State of Texas.
SECTION 10. If any term or provision of this Master Agreement is held to be illegal,
invalid or unenforceable, the legality, validity or enforceability of the remaining terms or
provisions of this Master Agreement shall not be affected thereby, and in lieu of each
such illegal, invalid or unenforceable term or provision, the parties shall endeavor to
agree to a legal, valid or enforceable term or provision as similar as possible to the term
or provision declared illegal, invalid or unenforceable.
(
Page 2 of 3
Fort Worth&Dallas County
Cooperative Purchasing Interlocal Agreement
SECTION 11. Execution of this Master Agreement does not obligate Dallas County or
( Fort Worth to request any Supplier Agreement, make any purchase, pay any membership
fee, or to otherwise or in any manner incur any cost or obligation.
SECTION 12. This Master Agreement may be executed in multiple counterparts, each
of which shall be deemed an original, and all of which shall constitute but one and the
same instrument.
SECTION 13. The undersigned officers and/or agents are properly authorized to
execute this Master Agreement on behalf of the Parties hereto and each Party hereby
certifies to the other that any necessary actions extending such authority have been duly
passed and are now in full force and effect.
SECTION 14. All notices, requests, demands, and other communications which are
required or permitted to be given under this Master Agreement shall be in writing and
shall be deemed to have been duly given upon the delivery or receipt thereof, as the case
may be, if delivered personally or sent by registered or certified mail, return receipt
requested, postage prepaid, to the respective Party representative set out below, or his/her
designee.
EXECUTED this day of , 2007.
( CITY OF FORT WORTH DALLAS COUNTY
1000 Throckmorton 509 Main Street, Suite 623
Fort Worth, Texas 76102 Dallas, Texas 75202
Karen L. Montgomery ��0 2END!ED:
Assistant City Manager/CFO ounRECOMMENDED:
-Z��Osu A 0AJKAL*&"yJ
chard Zavala Shannon S. Brown
Acting Finance Director Purchasing Agent
APPROVE AS TO FORM: APPROVED AS TO FORM:
Amy J. y Bob Schell
A istant City t o iey Deputy Chief, Civil Section
Marty Hendrix City Secretary Contract Authorizatiola
I(— -C�
Page 3 of 3 _ _
Date:
EXHIBIT B
December 11, 2019
WHEREAS, on June 12, 2013, City Council authorized a three-year master agreement
for chlorine and sulfur dioxide to be used by Dallas Water Utilities with Brenntag
Southwest, Inc. in the amount of $16,419,300.00 and Calabrian Corporation in the
amount of $1,459,792.78; and a three-year service contract for maintenance and testing
of sulfur dioxide storage tanks with DPC Industries Company in the amount of
$247,650.00, in a total amount not to exceed $18,126,742.78, by Resolution No. 13-0935;
and
WHEREAS, on February 4, 2016, Administrative Action No. 16-5248 authorized to
extend the master agreement for one year for sulfur dioxide liquid with Calabrian
Corporation from June 12, 2016 to June 12, 2017, with zero cost, having no effect on the
contract amount; and
WHEREAS, on May 31, 2017, Administrative Action No. 17-6130 authorized to extend
the master agreement for two years for sulfur dioxide liquid with Calabrian Corporation
from June 12, 2017 to June 11, 2019, with zero cost, having no effect on the contract
amount; and
WHEREAS, on May 15, 2019, Administrative Action No. 19-6007 authorized to extend
the master agreement for six months for sulfur dioxide liquid with Calabrian Corporation
from June 12, 2019 to December 12, 2019, with zero cost, having no effect on the contract
amount.
Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
SECTION 1. That a master agreement for the purchase of liquid sulfur dioxide for Dallas
Water Utilities is authorized with INEOS Calabrian Corporation (361884), approved as to
form by the City Attorney, for a term of three years in the estimated amount of
$1,701,180.00. The amount payable pursuant to this master agreement may exceed the
estimated amount, but may not exceed the amount of budgetary appropriations for this
master agreement during its term. The City Manager is further authorized, in the City
Manager's sole discretion, to exercise an option to extend the contract for six months by
filing a notice of extension with the City Secretary's Office.
SECTION 2. That the Purchasing Agent is authorized, upon appropriate request and
documented need by a user department, to issue a purchase order for liquid sulfur dioxide
for Dallas Water Utilities. If a written contract is required or requested for any or all
purchases of liquid sulfur dioxide for Dallas Water Utilities under the master agreement
instead of individual purchase orders, the City Manager is hereby authorized to execute
a contract, approved as to form by the City Attorney.
December 11, 2019
SECTION 3. That the Chief Financial Officer is hereby authorized to disburse funds in an
estimated amount of at least $1,701,180.00, but not more than the amount of budgetary
appropriations for this master agreement during its term to INEOS Calabrian Corporation
from Master Agreement Contract No. DWU-2019-00011206.
SECTION 4. That this resolution shall take effect immediately from and after its passage
in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly
so resolved.
APPROVED BY
CITY COUNCIL
DEC 1 1 2019
CITY SECRETARY
EXHIBIT C
NOTICE
FILE NUMBER 21_5 / 15
THE ATTACHED ADMINISTRATIVE ACTION, EXTENSION REQUEST* OR
CHANGE ORDER WAS SUBMITTED AND ASSIGNED A FILE NUMBER AS IT
APPEARS TO BE COMPLETE.
VALIDATED BY
PRINTED NAME Miroslava Martinez
DATE RETURNED MAY 27 2021
PREPARED BY c44r
Aja Warren
[THE CITY SECRETARY'S OFFICE HAS NO KNOWLEDGE OF THE PREPARATION
OF THIS DOCUMENTATION; PLEASE DIRECT ANY INQUIRIES TO THE
INITIATING DEPARTMENT. THANKS!]
*AD 4-5 (9.2.1(B)(7); NOTICES OF AUTHORITY ON 08/06/19
CITY SECRETARY
M:\\fssec00\Common\Data\DAILY AA LOGS\AAFORM
OFFICE OF THE CITY SECRETARY CITY OF DALLAS,TEXAS
ADMINISTRATIVE ACTION
DDOlIff ADMINISTRATIVE ACTION _
5715
CITY OF DALLAS See Administrative Directive 4-05 for additional guidelines and routing. EFFECTIVE DATE
File the approved form and all necessary documentation with the
City Secretary's Office to receive an official file stamp. May 19, 2021
1. Place an 'X"in the appropriate box for the approval of:
❑ a. Contracts of$70,000 or less resulting from competitive bid or formal proposal process,including service procurements rr�e€FAi ou= '
interlocal or cooperative agreements. ji —1
® b.Amendments to competitively bid or formal proposal contracts:$50,000 or less(may not increase original contract price mope tFn 25;1::—
❑ c. Professional/Personal/Planning/Other Service contracts:$50,000 or less,per City Code Sec.2-34. V ��
❑ d.Amendments to non-bid contracts:$50,000 or less,per City Code Sec.2-34.
❑ e. WRR-FM expenditures:$50,000 or less per City Code Sec.2-79(C)of the City Code. M "
❑ f. Other Services(explain on attachment,-for ratifications, the Justification Form must be attached): D
NOTE:Minor services and/or repairs not exceeding$3,000 and which do not require a contract should be processed by requisition�(P
2. Is this an amendment to an existing construction contract? If yes,complete an Administrative Change Order. ❑ Yes ®No
3.Any Administrative Actions to this vendor in the last 12 months? If yes, attach copy of AAs within last 12 months. ❑ Yes ®No
4. Is Form 1295—Certificate of Interested Parties required to comply with House Bill1295 attached(if applicable)? ❑ Yes ®No
Vendor Name: INEOS Calabrian Corp. Vendor No. 361884
Subject: Liquid Sulpher Dioxide
Lead Dept: DWU
Action Authorize a 10%price increase, according the terms and conditions of the service price agreement.
Requested:
Contract Number: DWU-2019-00011206 Contract Term: 12/11/19 to 12/11/22
On December 11,2019, City Council authorized a three-year master agreement with INEOS Calabrian Corporation
Background: (361884) in the amount of$1,701,180.00 by Resolution No. 19-1917,for the purchase of liquid sulphur dioxide for
Dallas Water Utilities.
FUND DEPT UNIT ACTV OBJ PROGRAM ENCUMBRANCE TYPE and NUMBER AMOUNT
- DWU-2019-00011206 $0.00
Funding: -
Financing: TOTAL: $0.00
Contract Supplemental Base Base Contract Base Contract Sum of Previous Total Contract Total Supp'l
Amendment Agreement No. CR/AA No. Date Amount Supplemental Amount Including Agreement
Agreements this Action Percentage
Information: 1 19-1917 12/11/19 $1,701,180.00 N/A $1,701,180.00 N/A
U APPROVAL:Approved as being in accordance with the budget and Chapter 2 of the Dallas City Code.
Chhunny Chhean(May 19,20211207 CDT) J Ma`'197 2021 Michae�(May 27,202111:13CDT) May 27,2021
By Department Director Date Approved as to Form by City Attorney Date
May 19, 2021
By City Manager Date
21-5715
From: Young,Kelcey
To: CPS Contract Management; Hilson,Melony;Mackey,Theresa;Akins,Angela
Subject: RE:AA Request for Price Increase-INEOS Calabrian Corp
Date: Wednesday,May 19,2021 8:54:16 AM
Attachments: image017.pnng
image018.pnng
image019.pnng
image020.pnng
image001.pnng
image002.pnng
image003.pnng
image004.pnng
image009.pnng
image010.pnng
image011.pnno
image012.pnng
Good morning!!!!
I went back and looked at the solicitation and it included the following language:
The BIDDER may request a price increase after one (1)year from the Council award date.
Subsequent price increases may be requested six (6)months from the date of the previous approved
price increase. At no point during the contract shall the cumulative price increase exceed 10%of the
original awarded bid price.To request a price increase, Bidder must submit a letter setting the
amount of the increase, along with an itemized list of any increased prices, showing the BIDDER'S
current price, revised price, the actual dollar difference and the percentage of the price increase by
line item. Documentation from the BIDDER showing the actual dollar increase/decrease
to the BIDDER must accompany this request. Such documentation from the Bidder's
Bidder must clearly show the dollar increase incurred by the Bidder on the applicable Contract
Agreement per item bid. If the City Purchasing Agent approves the price increase, he or she shall
notify Bidder in writing; no price increase will be effective until Bidder receives this notice. If the City
Purchasing Agent does not approve Bidder's price increase, Bidder may terminate its performance
under the Contract Agreement upon sixty (60) days advance written notice to the City Purchasing
Agent.Termination of performance is Bidder's only remedy if the City Purchasing Agent does not
approve the price increase. If, at any time after approving a price increase, the City Purchasing Agent
determines that the CITY can obtain the same item at a lower price from a different source without
violating the State bid law, the CITY may then purchase the item from the lower price source without
any obligation to the BIDDER.
Angela, and Lara, I believe this could move forward based on the information we were given.
Melony please make sure the Supplier understands that no price increase can happen until we have
finalized the price increase. Also, next time if you can send any supporting documentation to justify
that the increase is allowed, it will be a faster review process on our part.
If anyone has anyone questions, please let me know, otherwise, let's move forward!
Thanks!
Kelcey Young, LSSBB, CCM, D-COR
Assistant Director/Contracting Agent
City of Dallas I DallasCityNews.net
Office of Procurement Services
1500 Marilla St. 3FN
21-5715
j Dallas, TX 75201
C: 425-516-8665
kelceyyouungna dallascityhall.com
000
**OPEN RECORDS NOTICE: This email and responses may be subject to the Texas Open Records Act
and may be disclosed to the public upon request. Please respond accordingly.**
What are we buying?Review current contracting opportunities here. And check out the City's
Procurement Quarterly, published on our website,for upcoming opportunities
From: Young, Kelcey On Behalf Of OPS Contract Management
Sent:Tuesday, May 18, 2021 4:06 PM
To: Hilson, Melony<melony.hilson@dallascityhall.com>; OPS Contract Management
<OPScontractman@dallascityhall.com>; Mackey,Theresa <theresa.mackey@dallascityhall.com>
Subject: RE: AA Request for Price Increase - INEOS Calabrian Corp
Hi Melony,
I am not sure if we can increase the price on this. We may need to meet to discuss. However, if you
have any language in the contract or general terms and conditions for this MA that will allow us to
increase the price, please send it to us, in case we have missed it.The General Terms and Conditions
that were used to solicit this contract did not seem to contain the price increase clause. Please let us
know.
Thankyou!!
Kelcey Young, LSSBB, CCM, D-COR
Assistant Director/Contracting Agent
City of Dallas I DallasCityNews.net
Office of Procurement Services
`�. 1500 Marilla St. 3FN
Dallas, TX 75201
C: 425-516-8665
kelceyyouungna dallascityhall.com
000
**OPEN RECORDS NOTICE: This email and responses may be subject to the Texas Open Records Act
and may be disclosed to the public upon request. Please respond accordingly.**
What are we buying?Review current contracting opportunities here. And check out the City's
Procurement Quarterly, published on our website for upcoming opportunities
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
lofl
Complete Nos,1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1, 2, 3,5, and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2019-558495
INEOS Calabrian
Kingwood, TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 11/05/2019
being filed.
City of Dallas Date Acknowledged:
g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
DW U-2019-00011206
Supply of sulfur dioxide for wastewater treatment
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling intermediary
INEOS Calabrian Kingwood,TX United States X
5 Check only if there is NO Interested Party, ❑
6 LINSWORN DECLARATION 11 _
My name is t C `/l L.�L �� LT t�IP\�� and my date of Birth is �ZI 2�� J
My address is-AS ;L G'�{-V t V). vG.IL i l J`
(street) ity) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of�I(�_U 20L.
(month) (year)
/,6z"e/t-&
t!
Signature of authorize�d agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics,state.tx.us Version V1.1.3a6aaf7d
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21-5715
INEOS Calabrian
INE O 1521 Green Oak Place, Suite 200
Kingwood,TX 77339
Calabrian USA
Tel: +1-409-727-1471
www.ineoscalabrian.com
April 12, 2021
City of Dallas
Office of Procurement Services
1500 Marilla Street, Room3FN6500 Singleton Blvd
Dallas, TX 75201-6390
Attn:William Lambert
RE: 2021 Price Increase
Dear William,
We appreciate your continued business with INEOSCalabrian.
As you are aware,the COVID-19crisis has led to a downturn in refineries and as a resultthe sulfur market has
become increasingly tight. This has been exacerbated bythe impactful hurricane season in 2020 and most
recentlythe ice storm in Texas,which shut down the four largest refineries in the region.
Due to the excellent relationships with our suppliers,we have managed to maintain sufficient sulfu rsupply to
service your needs in 2021, butthis has been with increased costs(see graph and market information below):
vS&A f in&t RdkNhY U[IIIJAW
IQ
94
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f
75 ~
#5
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45
7mrr ldfee��J7A�+Y'.iA'omdemnJlNyNude�Y&+KY tl�
21-5715
INEOS Calabrian
INE O 1521 Green Oak Place, Suite 200
Kingwood,TX 77339
Calabrian USA
Tel: +1-409-727-1471
www.ineoscalabrian.com
US sulfur market landscape and Tampa price index:
• The US sulfur market remains verytight with production reduced as North American refining capacity
continues to decline and refineries are temporarily closed due to extreme weatherevents.
• US sulfur production has declined from a peakof 9 million tonsto around 7 million tons this year—pushing
up pricesforthis key feedstock which is demonstrated by the increase of the Tampa Sulfur Price Index.
• Theice stormthat hitthe GulfCoastin February created outages and a reductionof sulfur production,
further reducing supplythat was already short
• Refinery utilization in the Gulf Coast region has rebounded in March to—71%, but prior to the ice storm it
was—85%
• Demand for Sulfur remains high particularly from phosphate fertilizer producers,this demand remains
bullish afterthe finalization ofthe countervailing duties against imports
Premium over Tampa Index:
• The above has resulted in a gradual increase in the Tampa index but,in the refineries opinion,the Tampa
index does notfully capture the shortness of domestic market.
• The Tampa indexusedto represent overten pluscustomers butis nowlimited to Mosiacand Nutrien.
Mosiac is estimatedto be 50% ofthe total demand.
• Mosiac and Nutrien can buy from the export market and drive down their overall sulfur cost,plus the price
they pay forthe sulfur they buy domestically due to their negotiating power
• Domestic consumers,and INEOSCalabrian, do not havethis ability
• Consequently,the refineriesare requiringusto pay an increasingly large premium overtheTampa index
Tampa indexQ2:
• Because of the above,the Tampa molten sulphurquarterly contract price for2Q settled up$96/lt fromQ1
• The Q2 Tampa benchmark is thus$196/It
21-5715
INEOS Calabrian
INE O 1521 Green Oak Place, Suite 200
Kingwood,TX 77339
Calabrian USA
Tel: +1-409-727-1471
www.ineoscalabrian.com
Sulfur Tampa index
S250
S200
5150
S100
spa
s•
Q1120 Q2 120 Q3'20 Q4'20 1 l 1 '?! Q2`�1
Pricing for Bid# BF19-00011206, dated on October30, 2019, was based on the Q4 2019 Tampa SulfurIndex
which was at $49/It. To be able to continue to serve you,it has become necessary to implement a price increase
of$0.0335 per pound on Sulfur Dioxide.
The below prices will take effect fordeliveries from May 1, 2021:
Location INCO New Price
Central WWTP DAP $0.2685/lb
Southside WWTP DAP $0.2785/lb
Thank you for yourunderstanding.
Regards,
Elizabeth Keeneth
INEOSCalabrian,VPof Commercial
21-5715
December 11, 2019
WHEREAS, on June 12, 2013, City Council authorized a three-year master agreement
for chlorine and sulfur dioxide to be used by Dallas Water Utilities with Brenntag
Southwest, Inc. in the amount of $16,419,300.00 and Calabrian Corporation in the
amount of $1,459,792.78; and a three-year service contract for maintenance and testing
of sulfur dioxide storage tanks with DPC Industries Company in the amount of
$247,650.00, in a total amount not to exceed $18,126,742.78, by Resolution No. 13-0935;
and
WHEREAS, on February 4, 2016, Administrative Action No. 16-5248 authorized to
extend the master agreement for one year for sulfur dioxide liquid with Calabrian
Corporation from June 12, 2016 to June 12, 2017, with zero cost, having no effect on the
contract amount; and
WHEREAS, on May 31, 2017, Administrative Action No. 17-6130 authorized to extend
the master agreement for two years for sulfur dioxide liquid with Calabrian Corporation
from June 12, 2017 to June 11, 2019, with zero cost, having no effect on the contract
amount; and
WHEREAS, on May 15, 2019, Administrative Action No. 19-6007 authorized to extend
the master agreement for six months for sulfur dioxide liquid with Calabrian Corporation
from June 12, 2019 to December 12, 2019, with zero cost, having no effect on the contract
amount.
Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
SECTION 1. That a master agreement for the purchase of liquid sulfur dioxide for Dallas
Water Utilities is authorized with INEOS Calabrian Corporation (361884), approved as to
form by the City Attorney, for a term of three years in the estimated amount of
$1,701,180.00. The amount payable pursuant to this master agreement may exceed the
estimated amount, but may not exceed the amount of budgetary appropriations for this
master agreement during its term. The City Manager is further authorized, in the City
Manager's sole discretion, to exercise an option to extend the contract for six months by
filing a notice of extension with the City Secretary's Office.
SECTION 2. That the Purchasing Agent is authorized, upon appropriate request and
documented need by a user department, to issue a purchase order for liquid sulfur dioxide
for Dallas Water Utilities. If a written contract is required or requested for any or all
purchases of liquid sulfur dioxide for Dallas Water Utilities under the master agreement
instead of individual purchase orders, the City Manager is hereby authorized to execute
a contract, approved as to form by the City Attorney.
21-5715
December 11, 2019
SECTION 3. That the Chief Financial Officer is hereby authorized to disburse funds in an
estimated amount of at least $1,701,180.00, but not more than the amount of budgetary
appropriations for this master agreement during its term to INEOS Calabrian Corporation
from Master Agreement Contract No. DWU-2019-00011206.
SECTION 4. That this resolution shall take effect immediately from and after its passage
in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly
so resolved.
APPROVED BY
CITY COUNCIL
DEC 1 1 2019
CITY SECRETARY
21-5715
C I I '33' h U H I
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Responses
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S■ccess:All data I
I I
I I
I N■�eric
I
I I
S■ccess:All ral■es #� I Liquid Sulfur dioxide(Central Vasterater 3994440 I P¢uM1dF(Lb,) 4.2d22 ;944,539.00
prorided i Treatment Plant]
I I
I
I I
S■cccxs:All ral■es #1 I Liquid Sulfur Dioxidd[Southside I ound•
prorided Vasterater Treatment Plant]. 3000000 P
I '(Lb,) $0.2522 #756,800.00
I I _
I I
:Group 2-Cleaning,Inspection and Testing of Storage Tanks �
I
I
Central Vasterater Treatment Plant-
I
Clean.Inspect and Test 32 Ton Tanks[2 I
S■cctss:All ral■cs "
prorided #2-1 tanks]-Recalibrate 2 scales and issue a :. i Evah. .d;om< $0.00
certification to the City,shoring the I
scales meet all ISO standards-
I
■
Central Vasterater Treatment Plant-
S■cress:All ral■es prorided #2-2 Remove and Dispose Additional Sludge 109 $0.00 $0.00
and Debris I
I
I
Central Vasterater Treatment Plant- I
S■ccess:All ral■es
prorided #2-3 Mechanically Remove and dispose Cement ?59 : Gjllono `�,Q.44' $0.00
like materials I
S■ccess:All ral■es Central Vasterater Treatment Plant-
prorided
#2-4 Training 40 Hours �$_0.4Q $0.00
I
- r-
Southside Vasterater Treatment Plan[-
Clean,Inspect and Test 25 Ton Tanks[3 '
S■ceess:All ral■es #2-5 tanks)-Recalibrate 3 scales and issue a 3 I
prorided ] I .>;wh: ..d.d�00.< $0.00
certification to the City,shoring the
scales meet all ISO standards-
S■ccess:All ral■es
Southside Vasterater Treatment Plant-
I
prorided #2-6 I Remove and Dispose Additional Sludge .140 i Gallons ;0.00 $0.00
and Debris
I I
I I
Southside Vasterater Treatment Plant-
S■ccess:All ral■es #2-7 Mechanical) Rd Dispose Gallon:.
prorided Mechanically an Pose Cement 50 :•$13.96:. #0.00
like materials
i.
I
S■cress:All ral■es Southside Vasterater Treatment Plant-
prorided #2-$ Training 46 Hour; $0.00 $9.40
21-5715
OPS ADMINISTRATIVE ACTION INTERNAL ROUTING FORM
May 19, 2021
Supporting Documentation Required
❑ Adding Funds ❑ Extension ❑ New Contract ❑ Amendment ® Price Change ❑ Name Change
Project Name: Liquid Sulfur Dioxide Project No.: BF19-00011206
Buyer Name: Melony Hilson Phone Number: 214-670-0604
Supplier Name: INEOS Calabrian Corporation Supplier Number:
Supplier Address:5500 Highway 366 Port Neches TX 77651
Authorized Signer Name&Title: Michelle M Gehle—Account Manager
Signer Email Add ress:michelle.gehle@ineos.com
Contract No.: DWU-2019-00011206 Lead Dept.:
Contract Amt.: $1,701,180.00 Remaining Funds: $995,516.72 Start Date:12/11/19 Exp. Date:12/11/2022
AA Action: Authorize a 10% price increase in each line, according to the terms and conditions of the master
agreement.
BUYER CONTRACT CONTRACT ADMIN MANAGER ADMINISTRATIVE ACTION DOCUMENT CHECKLIST
Y N Y N Y N
® ❑ 21 ❑ Administrative Action Form
® ❑ VJ LJ - Verified correct action box checked
® ❑ - Verified Supplier name & number
® ❑ - Verified contract type, number&term
• "IDIQ" Contract
® ❑ Extension term limit is 6 months, and expenditure for 6-month term must not exceed
$50,000.00, otherwise it will need to go to Council
❑ ® • "Not to Exceed" Contract
® ❑ ® ❑ • Copy of Authorizing Document(s)
Provide Resolution or Administrative Action and/or Base ContractlCoop Contract
❑ ® ❑ ® • Copy of any previous AAs and/or Extensions
Provide AAs and/or Extension Letter(s)
® ❑ ® ❑ 1295 Form
Provide ONLY if applicable or if business information has changed
❑ ® ❑ ® Business information form
Provide ONLY if applicable or if business information has changed
® ❑ ® ❑ • SAM searches
Must provide current SAM searches
• Other documents required to complete requested AA Action. Please submit all
applicable documents:
® Price Changes: Price Lists
❑ Supplier Name Changes: City of Dallas Supplier Registration, W-9,
Purchase/Acquisition/Merger Agreement, State of TX Secretary of State
® ❑ ® ❑ Registration,Assumed Name "Doing Business As"(dba) Certificate
❑ New Contract: Procurement documents verifying procurement procedures were
followed(ex. Three Bids, Sole Source Checklist)
❑ Amendment Request:Addendums, Supplier requests, etc.
❑ Extension Request: Supplier& Department Director signed Extension Request
Letter(only w/increase in funds
❑ ® ❑ ® • Proof of Insurance, if required
Must provide In-compliance Memo, and inform ORM re: contract extension
❑ ® ❑ ® • Previous/Current/Continuation Bonds
Must provide Bonds and Supplier's S rety Company info for CAO review
Surety Co. Legal Name: Resident Agent:
Resident Address: Phone No.:
�i /rye OPS APPROVALL)W W
Anzela Aklns lMav 19.2:R111:53CDTI ^ // ChhunnCh hean(M,'19.202 1207CDTI
Contract Manager Assistant Director Director
OPS-08 6/19/2021
Rev.3/8/2021 Page 1 of 2
From: Morales, Darla
To: Beraland,Shatabya
Subject: FW:Sulfur Dioxide inter local agreement
Date: Monday,August 23,2021 9:19:25 AM
Attachments: imaae002.pnno
imaae003.pnno
imaae004.pnno
image005.pnno
imaae006.pnno
19-1917.pd.pdf
21-5715-INEOS Calabrian Coro..odf
Here is the email from Dallas.
Thank you,
Darla Morales
Parts/Material Supervisor
Village Creek Water Reclamation Facility
4500 Wilma Lane
Arlington, TX 76012
Tel: (817) 392-4932
Cell: (682)402-4623
Fax: (817) 392-4956
Darla.Morales4fortworthtexas.gov
City of Fort Worth— Working together to build a strong community
FORTWORTIL
From: Hilson, Melony<melony.hilson@dallascityhall.com>
Sent:Tuesday, June 8, 2021 3:12 PM
To: Morales, Darla <Darla.Morales@fortworthtexas.gov>
Subject: RE: Sulfur Dioxide inter local agreement
CAUTION:This email originated from outside of the City of Fort Worth email system. Do not click any links or open
attachments unless you recognize the sender and know the content is safe.
Hi Darla,
The supplier did agree to participate in interlocal at the time of awarding. I have attached the
resolution and also the newly approved AA for the price increase. Please let me know if there is
anything further I can assist with.There isn't a contract for this master agreement as the supplier is
only providing goods and no services.
Thank you,
m6ov"� "Mel," 1-tusov'
Buyer III
City of Dallas I DallasCityNews.net
Office of Procurement
Services
IED
1500 Marilla St., Ste. 3FN
N
)v Dallas, TX 75201
O: 214-670-0604
melony.hilsonna dallascityhall.com
C* O
**OPEN RECORDS NOTICE: This email and responses may be subject to the Texas Open Records Act
and may be disclosed to the public upon request. Please respond accordingly.*
What are we buying?Review current contracting opportunities here. And check out the City's
Procurement Quarterly published on our website for upcoming opportunities.
From: Morales, Darla <Darla.Moralesna fortworthtexas.gov>
Sent: Monday,June 7, 2021 5:06 PM
To: Hilson, Melony<melony.hilsonna dallascityhall.com>
Subject: Sulfur Dioxide inter local agreement
External Email!
I need to see if you have a contract for Sulfur Dioxide and if it is an inter local agreement, can you
give me a call when you have a chance?
Tha n k yo u,
Darla Morales
Parts/Material Supervisor
Village Creek Water Reclamation Facility
4500 Wilma Lane
Arlington, TX 76012
Tel: (817) 392-4932
Cell: (682)402-4623
Fax: (817) 392-4956
Darla.Morales4fortworthtexas.gov
City of Fort Worth— Working together to build a strong community
FORT WDRTH,.,
EXHIBIT D
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received
has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the
vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An
offense under this section is a misdemeanor.
jJ Name of vendor who has a business relationship with local governmental entity.
INEOS Calabrian
2
❑ Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated
completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information is being disclosed.
N/A
Name of Officer
4 Describe each employment or other business relationship with the local government officer, or a family member of the
officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form
CIO as necessary.
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment income, from the vendor?
Yes XI No
B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction
of the local government officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
Yes FTI No
5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director, or holds an
ownership interest of one percent or more.
N/A
s
❑ Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts
as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).
7
08/24/2021
Sign ture of vendor doi g business with the governmental entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.Iegis.state.tx.us/
Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.
Local Government Code§176.001(1-a): "Business relationship"means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an
agency of a federal,state,or local governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public; or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by, and reporting to,that agency.
Local Government Code§176.003(a)(2)(A)and(B):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income, other than investment income, that exceeds $2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed;
or
(ii) the local governmental entity is considering entering into a contract with the
vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts
that have an aggregate value of more than$100 in the 12-month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code§ 176.006(a)and (a-1)
(a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity, or a family member of the
officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any
gift described by Section 176.003(a-1);or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator
not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity; or
(B) submits to the local governmental entity an application,response to a request for proposals
or bids, correspondence, or another writing related to a potential contract with the local
governmental entity;or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer, or a
family member of the officer,described by Subsection (a);
(B) that the vendor has given one or more gifts described by Subsection (a);or
(C) of a family relationship with a local government officer.
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015