2017-085 6R Industrial Coating Pool Paint for Summit Waves (Renewal, Sole Source)

"LEE'S SUMMIT\n\nMISSOURI\n\nINTEROFFICE MEMORANDUM\n\nCONTRACT DOCUMENT\n\nDATE: January, 2023\n\nTO: Key Purchasing Personnel\n\nFROM: Procurement and Contract Services\n\nRE: Industrial Coating Pool Paint for Summit Waves Agreement\n\nSole Source Agreement # 2017-085/6R\n\nVendor Tnemec Inc.\n2003 Fayette\nNorth Kansas City, MO 64116\n\nPhone & Fax 816-474-1616 (office phone), 816-806-6356 (mobile)\ndkeilbey@tnemec.com\n\nOrdering Instructions Using Department to enter a requisition in the Lawson System for a Purchase Order to\nbe issued.\nRequisition must include each item as a separate line item.\nInvoices will be paid against Lawson System Receiver and Purchase Order.\n\nSee Attached Pricing Sheet\nAs specified\n\nEffective Dates February 28\", 2023 through February 27\", 2024\n\ncc: Bid File- Original memo\nIntranet\n\nProcurement and Contract Services\n220 SE Green Street | Lee\u2019s Summit, MO 64063 | P: 816.969.1080

| F: 816.969.1081 | cityofls.net\n" "LEE'S SUMMIT\n\nMISSOURI\n\nNOTICE TO PROCEED-RENEWAL\n\nJanuary 25\", 2023\n\nTnemec Company, Inc.\n\nMr. Dustin Keilbey\n\n2003 Fayette\n\nNorth Kansas City, MO 64116\n\nRe: Renewal of Yearly Contract for Industrial Coating Pool Paint for Summit Waves\nRenewal Contract #2017-085/6R (This Contract replaces Contract #2017-085/5R)\n\nDear Mr. Keilbey:\n\n| am pleased to inform you the above referenced contract has been renewed with your company. The contract\nperiod will be February 28'\", 2023 through February 27\u2018, 2024. A copy of the contract document is enclosed.\n\nThe using departments will place orders with your company using a Purchase Order number. This Purchase Order\nnumber must be referenced on all invoices, delivery tickets, and all associated paperwork.\n\nTo ensure prompt payment, all invoices must be sent to Accounts Payable at ap@cityofls.net, or by US Mail to\nAttention Accounts Payable, City of Lee\u2019s Summit, 220 S.E. Green Street, Lee\u2019s Summit, MO 64063. Payment will\n\nbe made within 30 days after receipt of the invoice by the City of Lee\u2019s Summits Accounts Payable Division.\n\nI look forward to doing business with your company during this new contract period. Please do not hesitate to\ncontact me if any questions or concerns arise at 816-969-1085.\n\nThank you,\n\nTanak Daugherty, CPPB\n\nProcurement Officer II\n\ncc: Bid file\nAccounts Payable\n\nProcurement and Contract Services\n220 SE Green Street | Lee\u2019s Summit, MO 64063 | P: 816.969.1080 | F: 816.969.1081 | cityofls.net\n" "LEE'\u2019S SUMMIT\n\nMISSOURiI Mi Contract #2017-085/6R\n\na ;\nTHIS RENEWAL CONTRACT, MADE Tas day of ey {\\__ 2023, is herein called Yearly Contract for Industrial Coating Pool Paint for\n\nSummit Waves between the City of Lee\u2019s Summit, Missouri, a Missouri Constitutional Charter City, by and through the Lee\u2019s Summit Parks and\nRecreation Board, (hereinafter \u201cCity\u201d) and Tnemec Company Incorporated, (hereinafter \u201cSupplier\u201d).\n\nWHEREAS, City has caused to be prepared, General Terms and Conditions, Special Conditions and/or Specifications, and any Special Attachments\n\nbelow (hereinafter \u201cContract Documents\u201d), said contract documents setting forth such equipment, supplies, Jabor and/or services to be furnished\nas therein fully described; and\n\nWHEREAS, Supplier did on the 1st day of February 2017 file with City their pricing to furnish such equipment, supplies, labor and/or services, as\nspecified; and\n\nWHEREAS, the said Contract Documents adequately and clearly describe the terms and conditions upon which the Supplier is to furnish such\nequipment, supplies, labor and/or services as specified, IT IS AGREED,\n\n1. The City of Lee\u2019s Summit, Missouri, acting through its Procurement and Contract Services Manager does hereby accept, with modifications, if\n\nany, the pricing of Supplier.\n\nThat a copy of the Supplier\u2019s Pricing & Product Data Sheets are attached hereto as Exhibit B, The Supplier\u2019s pricing and the City\u2019s Contract\nDocuments become the agreement and contract between the parties hereto; that both parties hereby accept and agree to the terms and\nconditions of said documents, and that the parties are bound thereby and that the compensation to be paid the Supplier is as set forth in the\n\nSupplier\u2019s pricing. In the event of a conflict between the Supplier\u2019s pricing and the City\u2019s Contract Documents, the City\u2019s Contract Documents\nshall control.\n\nCommodities shall only be provided after receipt of a written request or order from the City after the Department Head for the Department\nrequesting the commadities, or his/her designee, has determined that budgeted funds are available to cover the cost ofthe commodities.\n\n4. That this Renewal Contract shall be effective on the 28th day of February 2023. Contract period from February 28h, 2023 to February 27!h,\n2024. The City may, at its option, renew the Contract for additional one-year contract periods by giving written notice to the supplier. Any\nincrease in cost at the beginning of each renewal period will be limited to the mutually agreed upon pricing as identified on the attached\nExhibit B\u2014Section 2.0 Pricing and Product Data Sheets. All pricing identified as Exhibit B shall be in effect for the stated contractual period.\n\n5. No financial obligation shall accrue against the City until Supplier makes delivery pursuant to order of the Procurement and Contract Services\nManager and/or his approved designee.\n\n6. This renewal contract may be terminated by either party upon sixty (60) days prior notice in writing to the other party. The City may\nterminate this contract immediately, under breach of contract, if the Supplier fails to perform in accordance with the terms and conditions. In\nthe event of any termination of contract by the Supplier, the City may purchase such supplies and/or services similar to those so terminated,\nand for the duration ofthe contract period the Supplier will be liable for all costs in excess of the established contract pricing.\n\n7\n\nThe City is exercising the option of renewing this Contract, based on performance, quality of work and service and the acceptance of the\nagreed upon 7-10% price increase above the original contract pricing for this renewal period submitted by Supplier. Any increase in cost at the\nbeginning of each renewal period will be limited to the mutually agreed upon pricing as identified on the attached Exhibit B\u2014Section 2.0\nPricing and Product Data Sheets\n\nSpecial Attachments: Exhibit A-Special Conditions, Exhibit B-Supplier\u2019s Pricing & Product Data Sheets and Exhibit C-Insurance Requirements\n\n& Exhibit D\u2014General Terms & Conditions\n\n\u201d\nInaemel\n\nJdsenh D. Sno\u00f6k. Administrator of Parks & Recreation\n\nCompany Name \u00bb\nDigitally signed by Scott Ison N\\ fl. Me,\nDate: 2023.01.20 10:17:57 -06'00' tes\n/\n\nOffice of The City Attorney Company Authorized Signatu\nWar\u0131larr 112\nTitle Date\n\nNoch N) Ke, \\re-/\n\nType or Print the Name of Authorized Person\n" "EXHIBIT A\n\n1.0 SPECIAL CONDITIONS\n\na BA\n\n1.2\n\n1:3\n\n1.4\n\n1.5\n\nPurchases: All paint purchases for the Summit Waves facility located at 120 SW Blue Parkway in Lee\u2019s Summit MO 64063\nshall be on an as needed basis and shall be picked up at the Tnemec Facility located at 2003 Fayette in North Kansas City, MO\n64116 or delivered via freight carrier. All product ordered must be available for pick-up or delivery within 48 hours of\nPurchase Order being received.\n\nThe LSPR Contact and Project Manager shall be Grace Carson, Aquatics Coordinator, at 816-969-1558. All correspondence\nregarding orders and any questions shall be coordinated through Grace Carson or appointed Staff.\n\nPurchase Orders will be sent for product on an as needed basis. For prompt payment, all invoices and copies of work\norders shall be sent directly to Accounts Payable, City of Lee\u2019s Summit, MO, 220 S.E. Green Street, Lee\u2019s Summit, MO\n64063, or e-mailed to ap@cityofls.net. The City\u2019s payment terms are Net 30 days. Pre-billing shall not be allowed\nunless prior written approval has been obtained.\n\nRenewal Option:\n\n1.4.1 The City reserves the right to re-new this contract for additional one-year renewal periods.\n\n1.4.2 If the Contractor requests an increase in compensation for any renewal period, the Contractor shall notify the\nProcurement and Contract Services Division no less than sixty (60) days prior to the end of the contract period\nand shall provide evidence to the satisfaction of the City of increased costs incurred by the Contractor for any\nelement of the contract for which an increase is requested.\n\n1.4.3 The Procurement Officer shall notify the Contractor in writing of the intent to exercise the renewal option.\nHowever, failure to notify the Contractor does not waive the City\u2019s right to exercise the renewal option.\n\nItems required for this contract qualify for exemption from taxes in accordance with RSMo Section 144.062 as well as in\naccordance with Section 39 (10), Article 3, of the Missouri Constitution and is exempt from payment of Federal Excise\nTaxes in accordance with Title 26, United States Code annotated, the Missouri Department of Revenue has exempted all\nor those certain items of the contract from State and local sales and use taxes. If your company/firm is located outside\nthe State of Missouri and is unable to honor the City of Lee\u2019s Summit\u2019s State of Missouri tax exempt status, all pricing\nsubmitted shall include any and all applicable taxes.\n" "LEE'S SUMMIT\nMI\n\nSSOURI\n\nRENEWAL PRICING SHEET FOR CONTRACT NO. 2017-085/6R\nEXHIBIT B\nNo substitutes accepted. Terms: All prices are per gallon and regular colors. FOB destination for orders of 100 gallons\normore, and prices are firm throughout the duration of the Agreement term.\nPRODUCT\n\nSeries 161 Tneme-Fascure (Sm Kit) 597.70 per gallon\n\nSeries 161 Tneme-Fascure (Lg Kit) 594.70 per gallon\n#4 Thinner S49.60 per gallon\n#4 Thinner $46.60 per gallon\n\nSeries V290 CRU (Burnt Ends, Sm Kit) $126.05 per gallon\nSeries V290 CRU (Burnt Ends, Lg Kit) S123.05 per gallon\n#39 Thinner 5102.55 per gallon\n#39 Thinner 599.55 per gallon\n\nSeries 27 F.C. Typoxy $78.45 per gallon\n\n#4 Thinner $46.60 per gallon\n\nSeries 1070 Fluoronar 5395.00 per gallon\n\n#63 Thinner 5102.15 r \u2014\u2014\n\nSeries 215 a Epoxy LK $128.20 per gallon\n\nSeries 1028 Enduratone 588.30 per gallon\nAdd $3.00per gallon for 1\u2019s &/or small kits.\n\nThroughout the course of the Agreement, the utilizing Department may need to order items not specifically listed above.\nTnemec will allow for quotations on such items. Tnemec does not offer list pricing, but will offer best pricing on such\nquotations.\n\nNOTE: Product Data Sheets are provided on attached pages for items listed above. Any Product ordered that is not identified on the\nabove list, shall be accompanied by corresponding MSDS sheets at time of Pick Up or Delivery.\n\nProcurement and Contract Services\n220 SE Green Street | Lee's Summit, MO 64063 | P: 816.969.1080 | F: 816.969.1081 | cityofls.net\n"