PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.G
SUBJECT/TITLE:
CONTRACT AMENDMENT #1 WITH BRENNTAG PACIFIC FOR SUPPLY OF SODIUM
BISULFITE
RECOMMENDATION:
Adopt a Resolution authorizing the City Manager to execute Amendment #1 to the existing Professional Services Agreement with Brenntag Pacific, Inc., to supply sodium bisulfite in the additional amount not to exceed $19,100 in Fiscal Year 2023.
BACKGROUND:
The City of Pismo Beach’s Wastewater Treatment Plant uses sodium bisulfite during the treatment process, to dechlorinate wastewater effluent prior to being discharged to the ocean. Through a competitive bid process, the City has entered into a contract with Brenntag Pacific Inc. for one year with three options to extend the agreement for an additional one year period. The initial contract was executed under the City Manager’s authority on June 15, 2022, for a $1.7496 per gallon, which was estimated at that time not-to-exceed amount of $39,900. Due to recent increased storm activity and other unforeseen circumstances, the not-to-exceed amount has been reached. A Contract Amendment (Attachment 1.A) needs to be authorized in order for the Wastewater Treatment Plant to continue to receive sodium bisulfite for the rest of Fiscal Year (FY) 2023.
Conclusion and Recommendation
Staff recommends Council adopt a Resolution (Attachment 1) authorizing Amendment #1 to the existing Professional Services Agreement with Brenntag Pacific, Inc. (Attachment 2) to supply sodium bisulfite in the amount not to exceed $59,000 in Fiscal Year 2023.
FISCAL IMPACT:
The fiscal impact of approving the attached Resolution is an additional $19,100 in the Wastewater Enterprise Fund. The FY 2023 budget includes $59,000 for the purchase of sodium bisulfite. The original agreement was for $39,900. There is an additional $19,100 available in the sodium bisulfite account to cover the difference of the projected costs compared to the original agreement.
FY 2023 Budget
Wastewater Enterprise Fund De-Chlorination Budget $59,000
Agreement
Brenntag Pacific Inc Contract $39,900 Proposed Brenntag Pacific Inc Contract Amendment No.1 $19,100 Total Proposed Agreement Amount $59,000
9.G-1Council Agenda 3-21-2023
Remaining Budget $0
ALTERNATIVES:
1. Do not authorize the Resolution; provide staff with direction on how to proceed.
ATTACHMENTS:
1. Resolution
1.A. Exhibit A to Resolution: Amendment #1
2. Brenntag Pacific Inc. Contract
Prepared by: Meeting Date: March 21, 2023
Russ Fleming, Utilities Manager
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:
9.G-2Council Agenda 3-21-2023
RESOLUTION NO. R-2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT #1
TO THE EXISTING PROFESSIONAL SERVICES AGREEMENT WITH BRENNTAG PACIFIC, INC., TO SUPPLY SODIUM BISULFITE IN THE ADDITIONAL AMOUNT NOT TO EXCEED $19,100 IN FISCAL YEAR 2023
WHEREAS, the Fiscal Year (FY) 2023 De-Chlorination budget includes $59,000 for the purchase of sodium bisulfite; and
WHEREAS, the City of Pismo Beach and Brenntag Pacific Inc entered into an agreement for the purchase of sodium bisulfite in the amount of $39,900 for a one-year term with three options to extend the agreement for an additional one-year period; and WHEREAS, due to the increased precipitation and unforeseen circumstances, the not to exceed amount of $39,900 has been reached; and
WHEREAS, a Contract Amendment needs to be authorized in order for the Wastewater Treatment Plant to continue to receive sodium bisulfite for the rest of FY 2023; and WHEREAS, there is $19,100 in available budget in the FY 2023 Wastewater Enterprise Fund De-chlorination account that can be used to fund an amendment of $19,100.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby authorizes the amendment of the contract between the City of Pismo Beach and Brenntag Pacific Inc. for the purchase of sodium bisulfite of an additional not to exceed amount of $19,100 for Amendment #1 (Exhibit A), reflecting a total agreement amount of $59,100.
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 21st day of March 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
9.G-3Council Agenda 3-21-2023
Attachment 1
AMENDMENT # 1
to the
June 15, 2022 AGREEMENT BETWEEN THE CITY OF PISMO BEACH
AND BRENNTAG PACIFIC INC
Pursuant to the June 15, 2022 Agreement for Professional Services between the City of Pismo Beach, hereinafter referred to as “City,” and Brenntag Pacific Inc., hereinafter referred to as “Vendor,” City and Vendor hereby agree as follows:
1. Services shall be performed as set forth in the proposal dated May 12, 2022, which is attached hereto and by this reference made a part hereof.
2. Compensation for and timing of the additional services shall be as set forth in the referenced proposal. Compensation for the additional services shall not exceed the amount of Nineteen Thousand One Hundred dollars ($19,100.00), without prior written approval of the City.
3. The revised fee under the 6/15/22 contract, plus this addendum, is Fifty-Nine Thousand dollars ($59,000.00).
4. All other provisions of the Supply of Sodium Bisulfite agreement between City and Vendor shall remain in full force and effect.
CITY:
City of Pismo Beach, a Municipal Corporation
Signed:
Name: Benjamin A. Fine
Title: Director of Public Works
Dated: ________________________________
Signed:
Name: James R. Lewis
Title: City Manager
Dated: ________________________________
ATTEST:
Signed:
Name: Erica Inderlied
Title: City Clerk
APPROVED AS TO FORM:
Signed:
Name: David M. Fleishman
Title: City Attorney
VENDOR:
Brenntag Pacific, Inc.
Signed:
Name: ________________________________
Title: _________________________________
Dated: ________________________________
Address for giving notice:
(if changed from prior agreement)
______________________________________
______________________________________
Email address for official communications:
(if changed from prior agreement)
______________________________________
Vendor Representative:
(if changed from prior agreement)
Name/Title: ____________________________
Attachment: Scope/Cost Proposal
9.G-4Council Agenda 3-21-2023
Attachment 1A