RSI007219_Contract_REV.pdf

STATE OF OHIO

DEPARTMENT OF ADMINISTRATIVE SERVICES

GENERAL SERVICES DIVISION

OFFICE OF PROCUREMENT SERVICES

4200 SURFACE ROAD, COLUMBUS, OH 43228-1395

OPTIONAL USE CONTRACT FOR: AGRICULTURAL CHEMICALS

CONTRACT No.: RSI007219

CONTRACT ID: 007219

EFFECTIVE DATES: 04/27/2022 to 04/30/2024

*RENEWAL THROUGH: 04/30/2026

SUPPLIER: HELENA AGRI ENTERPRISES

The Department of Administrative Services has accepted bids submitted in response to Invitation to Bid No. SRC0000001877. The evaluation of the bid response(s) has been completed. The bidder(s) listed herein have been determined to be the lowest responsive and responsible bidder(s) and have been awarded a contract for the items(s) listed. The respective bid response, including the Instructions to Bidders and Standard Terms and Conditions, special contract terms & conditions, any bid addenda, specifications, pricing schedules and any attachments incorporated by reference and accepted by DAS become a part of this Requirements Contract.

This Requirements Contract is effective beginning and ending on the dates noted above unless, prior to the expiration date, the Contract is renewed, terminated or cancelled in accordance with the Contract Terms and Conditions.

CONTRACT RENEWAL. This Contract may be renewed after the ending date of the Contract solely at the discretion of the Contracting Agency for a period of one month. Any further renewals will be by mutual agreement between the Contractor and the Contracting Agency for any number of times and for any period of time. The cumulative time of all mutual renewals may not exceed 04/30/2026 unless the Contracting Agency determines that additional renewal is necessary.

This Requirements Contract is available to all state agencies, and properly registered counties, townships, municipal corporations, regional transit authorities, regional airport authorities, port authorities, school districts, conservancy districts, township park districts and park districts, pursuant to section 125.04(B) of the Ohio Revised Code, The Cooperative Purchasing Act. State universities, state vocational schools, state community colleges or other institutions of higher education may use these contracts. Such use, however, is based upon each entity’s procurement authority.

Agencies are eligible to make purchases of the listed supplies and/or services in any amount and at any time as determined by the agency. The State makes no representation or guarantee that agencies will purchase the volume of supplies and/or services as advertised in the Invitation to Bid.

This Requirements Contract and any Amendments thereto are available from the Ohio|Buys public portal at the following address:

https://supplier-emarketplace.ohio.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

Signed:

Kathleen C. Madden, Director Date

*Indicates a 24 month mutual renewal.

1. SPECIFICATIONS AND REQUIREMENTS

1.1. SCOPE: The purpose of this bid and any subsequent contract is to secure Contractor(s) who can provide agricultural and specialized fertilizers, fertilizer materials, pesticides, herbicides and other related chemicals listed in the bid. This contract is available to all State agencies and the properly registered members of the Cooperative Purchasing Program of the Department of Administrative Services.

1.2. GENERAL REQUIREMENTS:

1.2.1. Definitions:

1.2.1.1. Granular – A dust free “manufactured” fertilizer or pesticide, in which each granule has nearly homogenized composition and particle size is nearly uniform.

1.2.1.2. Liquid – A free flowing fluid mixture of fertilizer, fertilizer materials, or pesticide.

1.2.1.3. Water-soluble packet – A dry pesticide contained within a water-soluble film packet.

1.2.1.4. Tablet – A dry pesticide in tablet form, for applying to soil.

1.2.2. Product Categories: The bid consist of three (3) different product categories. See the listing and their examples in the table below.

Category Number Chemical Group

Category 1 Pesticides:

Fungicides Herbicides Insecticides

Category 2 Specialty Chemicals:

Fertilizers and Micronutrients Growth Regulators Wetting Agents

Category 3 Fish and Hatchery

1.2.3. Product Type: Manufacturers’ names, trade names, brand names or catalog numbers are used only for description and to establish a market reference of the acceptable quality sought by the state. Other brand names or generic equivalent found to be of equal or better quality will be considered. Primary consideration for product equivalent, is the required active ingredient. Determination will be made at the sole discretion of the State of Ohio

DAS.

1.2.4. Workmanship: All agricultural chemicals offered shall meet or exceed given specifications and shall be clean, uniform, and free from any defects which may impair their utility. All products herein shall conform to current acceptable industry standards and be of highest quality. Products shall be manufactured and handled in accordance with good, generally accepted industry practices.

1.2.4.1. All material offered as a result of a contract award shall meet the requirements as set forth by the Ohio Fertilizer Law, Fed. Specification O-F-241D and the latest revisions thereof.

1.2.4.2. The labeling, weighing and selling of agricultural fertilizers and fertilizing materials shall be in accordance with the Ohio Regulations governing the activities.

1.2.4.3. Only industry standard fillers or conditioners shall be used, like limestone, sand, corncob, dolomite, etc.

Usage of “chert” as a filler is not acceptable and will be returned at the contractor’s expense.

1.2.4.4. Primary components of fertilizer shall not vary more than + 2.0% (for each component). Ratio difference shall not be more than 0.5% of what is specified in this bid. For example, a 10-20-20 analysis may vary from 8 to 12 parts N, 18 to 22 parts P and/or K, as long as the total difference did not exceed 95% (i.e., the 10-20-20 could vary to 10-19-18.5).

None of the above described products are to be manufactured from reclaimed, re-refined, recycled, used, or otherwise not new ingredients. All components, elements, and ingredients of these items must be newly derived from their natural or chemical resources and must have been manufactured within one (1) year of their day of shipment to the agency.

1.2.5. Safety Data Sheets: "Safety Data Sheets" shall be sent at the time of the shipment, and/or upon request by the buyer, by the contractor, with all initial shipments going to various destinations as ordered after the award of the contract. If, applicable, the SDS shall verify the Contractor's compliance with the OSHA Hazard Communication Standard 29 CFR 1910.1200. If the chemical composition of the compound being bid does not contain any hazardous effect, the contractor must indicate so on the "Safety Data Sheet."

1.2.6. Finished Goods Safety Data Sheets and Label: For all items awarded that are in ready to ship in package from or concentrate form, approved SDS and labels will be provided as required or as requested.

1.2.7. Packaging and Handling: The handling, packaging, labeling, recording, and registration of all chemicals and contract related materials shall comply with all applicable Federal, state, and local laws and regulations. The product(s) shall be in containers to assure carrier acceptance and safe arrival. Containers shall be in compliance with Uniform Freight Classification or National Motor Freight Classification and/or Department of Transportation, as applicable.

1.2.7.1. Product Handling (Leakage/Spillage): All products purchased in bags, bottles, buckets, cases, packets and other containers shall conform to industry standards and must be leak proof. If upon delivery, the product package is leaking material, the contractor has responsibility to address any spills and if necessary replace product content and package.

1.2.7.2. Marking: In addition to any special marking required by the contract or purchase order, interior packages and shipping containers shall be marked in accordance with governing authorities' rules and regulations. All chemicals requiring precautionary measures shall be so marked as required by law and/or shipping regulations.

All packages shall be marked to indicate either the expiration date or the date of manufacture, unless product has no expiration. If date coded, the Contractor shall provide institution contact with the appropriate code key(s) for all products as necessary.

1.2.7.3. Labeling: Product package labels must be of a type that is standard in the industry. The label on each container shall show the following, as a minimum:

A. The name and address of the manufacturer.

B. The name of the product, including brand name, if any.

C. An active ingredient statement, as required for EPA registration.

D. The manufacturer’s directions for use, in detail, including the manufacturer’s use-dilution statement to perform as outlined in this specification, as applicable.

E. Label shall state that product contains active organisms, if applicable.

F. EPA Registration Number and Establishment Number, if any.

G. Any warning statement, as may be applicable to the product, concerning skin irritancy, toxicity, or potential hazard and immediate first aid treatment in case of accident, as required by EPA.

H. Net contents, in U.S. liquid measure.

I. Batch number, as applicable.

J. Expiration date.

K. Recommended dilution ratio, as applicable.

1.2.8. Poison Control: All the chemicals as stated herein, should be on file with an Ohio Poison Control Center, certified by the American Association of Poison Control so that all data necessary for prompt and correct treatment of accident victims may be available at a local Poison Control Center for immediate use on a twenty-four (24) hour basis if required.

1.2.9. Shipping: For All products purchased in bulk, the loading and shipping must conform to the applicable carrier rules and regulations. Orders written against this contract may be for full drum and may be for less than full case and pallet quantities. Shipment is to be made by freight, parcel post, express or commercial package delivery, whichever is the most economical method for proper delivery of the item, F.O.B. destination. Participating agencies may request special delivery methods. The cost of transportation from the vendor’s address to the destination on such orders shall be added to the invoice.

1.2.9.1. For minimum orders, the minimum dollar value of any order placed against a contract, awarded pursuant to this Bid, for delivery F.O.B. destination, transportation charges prepaid, at any one time to one destination, shall be not less than fifty ($50.00) dollars.

1.2.10. General Quality Verification through Inspection and Test Procedures:

1.2.10.1. The state reserves the right to check the delivery of any bulk or liquid product on the nearest certified weighing scale.

1.2.10.2. Samples may be taken at any time from deliveries made during the contract period and tested for compliance to the specifications.

1.2.10.3. Sampling and testing is to be done in accordance with procedures from the Ohio Department of Agriculture, the Ohio Department of Natural Resources, the Ohio Department of Transportation, Ohio Department of Rehabilitation and Correction and any other DAS Cooperative buyer.

1.2.10.4. If the product does not meet specifications or fails testing, the contractor will be responsible for testing costs and costs associated with product replacement.

1.2.11. Licensing Requirements: All vendors must be licensed to manufacture or distribute agricultural fertilizer and chemicals (pesticides, fungicides, insecticides, and herbicides) in the state of Ohio. All bidders/contractors must have a current license, from the Ohio Department of Agriculture, to sell fertilizers and pesticides. A copy of the fertilizer and pesticide licenses must be provided with the Bid. Failure to provide licenses as specified may result in the Bidder being deemed as non-responsive and the Bid response may be immediately disqualified with no further consideration given for potential awarding of the Contract.

The Contractor must maintain all licenses throughout the term of this contract and any renewals. At the request of a State Agency, a copy shall be provided within five (5) calendar days. Failure to maintain and provide copies of license(s) when requested may result in cancellation of the Contract.

Applicable Background Documents:

1.2.11.1. Fertilizer

A. Federal Specifications O-F-241D, “Fertilizer, Mixed, Commercial”, and all latest revisions.

B. Ohio Fertilizer Law, Revised Code 905, Applicable Sections

C. Ohio Department of Agriculture Regulations 901:5-1-01 through 901:5-1-06, “Regulations Adopted under the provisions of the Ohio Fertilizer Law”

1.2.11.2. Chemicals

A. Federal Specifications O-F-241D, “Fertilizer, Mixed, Commercial”, and all latest revisions

B. Ohio Pesticide Law, Revised Code Section 921.01 through 921.28 and Section 921.99.

C. Ohio Pesticide Companies and Products List

D. Ohio Department of Agriculture Regulations 901:5-11-01 through 901:5-11-08

E. Federal Insecticide, Fungicide, and Rodenticide Act (F, U.S.C. 136 at seq.)

F. All vendors must be licensed vendors to manufacture or distribute agricultural fertilizer in the state of Ohio.

All bidders/contractors must have a current license, from the Ohio Dept. of Agriculture, to sell restricted pesticides.

License must be provided with the Bid. If omitted, Bidder must provide said license within seven (7) calendar days after request/notification by the Office of Procurement Services to do so. Failure to provide license as specified may result in the Bidder being deemed as non-responsive and the Bid response may be immediately disqualified with no further consideration given for potential awarding of the Contract.

2. STANDARD TERMS AND CONDITIONS

State of Ohio Standard Terms and Conditions (revised 9/8/21) will apply to this Contract.

3. SPECIAL CONTRACT TERMS AND CONDITIONS

3.1. AMENDMENT TO CONTRACT TERMS AND CONDITIONS

The following Amendments to the Contract Terms and Conditions do hereby become a part hereof. In the event that an amendment conflicts with the Contract Terms and Conditions, the Amendment will prevail.

3.2. EVALUATION

Bids will be evaluated in accordance with the “Instructions to Bidders”. In addition, the state will evaluate by low lot total by category. Low lot total will be determined by multiplying the unit cost by the estimated usage listed in the bid and then adding each of the totals together to arrive at a total for all items. Failure to bid all items may result in the bidder being deemed not responsive.

3.3. CONTRACT AWARD

The contract will be awarded to the lowest responsive and responsible bidder by category of product. Failure to bid all items failure to bid all items in a category may deem your bid non-responsive for that category.

3.4. FIXED PRICE WITH ECONOMIC ADJUSTMENT

The contract prices(s) will remain firm for the first twelve (12) months duration of the contract. Thereafter, the Contractor may submit a request to increase their price(s) to be effective thirty (30) calendar days after acceptance by DAS. No price adjustment will be permitted prior to the effective date of the increase received by the Contractor from its suppliers, or on purchase orders that are already being processed, or on purchase orders that have been filled and are awaiting shipment.

If the Contractor receives orders requiring quarterly delivery, the increase will apply to all deliveries made after the effective date of the price increase.

The price increase must be supported by a general price increase in the cost, due to increases in the cost of raw materials, labor, freight, Workers' Compensation and/or Unemployment Insurance, etc. Detailed documentation, to include a comparison list of the contract items and proposed price increases, must be submitted to support the requested increase.

Supportive documentation should include, but is not limited to: copies of the old and the current price lists or similar documents which indicate the original base cost of the product to the Contractor and the corresponding increase, and/or copies of correspondence sent by the Contractor's supplier on the supplier's letterhead, which contain the above price information and explains the source of the increase in such areas as raw materials, freight, fuel or labor, etc.

Should there be a decrease in the cost of the finished product due to a general decline in the market or some other factor, the Contractor is responsible to notify DAS immediately. The price decrease adjustment will be incorporated into the https://procure.ohio.gov/pdf/Standard_t_c_090821.pdf contract and will be effective on all purchase orders issued after the effective date of the decrease. If the price decrease is a temporary decrease, such should be noted on the invoice. In the event that the temporary decrease is revoked, the contract pricing will be returned to the pricing in effect prior to the temporary decrease. For quarterly deliveries, any decrease will be applied to deliveries made after the effective date of the decrease. Failure to comply with this provision will be considered as a default and will be subject to the “Suspension/Termination” and the “Contract Remedies” sections of the “Standard Contract Terms and Conditions”.

3.5. COOPERATIVE PURCHASING CONTRACT

This Contract may be utilized by Cooperative Purchasing Members. “Cooperative Purchasing Members” or “Co-op Members” are entities that qualify for participation in the State’s cooperative purchasing program under Section 125.04 of the Ohio Revised Code (“ORC”) and that have completed the steps necessary to participate in that program. They may include Ohio political subdivisions, such as counties, townships, municipal corporations, school districts, conservancy districts, township park districts, park districts created under Chapter 1545 of the ORC, regional transit authorities, regional airport authorities, regional water and sewer districts, and port authorities. They also may include any Ohio county board of elections, state institutions of higher education, private fire companies, private, nonprofit emergency medical service organizations, and chartered nonpublic schools.

If a purchase is made from this Contract by an entity that is not properly registered with the State’s Cooperative Purchasing Program, it may be a violation of law, may be contrary to the entity’s competitive bidding requirements, and will be a breach of this Contract by the Contractor. If a Cooperative Purchasing Member relies upon this Contract to issue a purchase order or other ordering document, the Cooperative Purchasing Member “steps into the shoes” of the State under this Contract.

The Cooperative Purchasing Member’s order and this Contract are between the Contractor and the Cooperative Purchasing Member. The Contractor must look solely to the Cooperative Purchasing Member for performance, including payment. The Contractor agrees to hold the state of Ohio harmless with regard to Cooperative Purchasing Member’s orders and Cooperative Purchasing Member’s performance. DAS may cancel this Contract and may seek remedies if the Contractor fails to honor its obligations under an order from a Cooperative Purchasing Member.

3.6. CONTRACTOR QUARTERLY SALES REPORT

The Contractor must report the quarterly dollar value (in U.S. dollars and rounded to the nearest whole dollar) of the sales to Cooperative Purchasing Members under this Contract by calendar quarter (e.g. January-March, April-June, July- September and October-December). The dollar value of the sale is the price paid by the Contract user for the products and/or services listed on the purchase order or other encumbering document, as recorded by the Contractor.

To submit this quarterly sales report, the Contractor is responsible for obtaining access to Ohio|Buys and must report the quarterly dollar value of sales to Cooperative Purchasing Members to the Department of Administrative Services (DAS) via the Internet using Ohio|Buys at the following web address supplier-emarketplace.ohio.gov . If no sales occur, the Contractor must report zero. The report must be submitted no later than thirty (30) days following the completion of the reporting period.

The Contractor shall also submit a close-out report within one hundred and twenty (120) days after the expiration of this Contract. The Contract expires upon the physical completion of the last outstanding task or delivery order of the Contract.

The close-out report must cover all sales not shown in the final quarterly report and reconcile all errors and credits. If the Contractor reported all contract sales and reconciled all errors and credits on the final quarterly report, then the Contractor should show zero “0” sales in the close-out report.

If the Contractor fails to submit sales reports, falsifies reports or fails to submit sales reports in a timely manner, DAS may terminate this Contract.

3.7. CONTRACTOR REVENUE SHARE

The Contractor must pay to the State a share of the sales transacted under this Contract as a fee to the State to cover the estimated costs the State will incur in administering this Contract and the Services offered under it (“Revenue Share”).

The Contractor must remit the Revenue Share in U.S. dollars within 30 days after the end of the quarterly reporting period. The Revenue Share that the Contractor must pay under this Contract equals 0.75% of the total quarterly sales reported. The Revenue Share must be included in the prices reflected in any order and reflected in the total amount charged to the State, and the Contractor may not add a surcharge to orders under this Contract to cover the cost of the Revenue Share.

The Contractor must remit any amount due as the result of a quarterly or closeout sales report at the time the quarterly or closeout sales report is submitted to the Department of Administrative Services, Office of State Purchasing. To ensure the payment is credited properly, the Contractor must identify the payment as a “State of Ohio Revenue Share” and include this Contract number, total report amount, and reporting period covered.

Contractor will pay the Revenue Share by check remittance, both normal and overnight, credit card payment via the State’s epayment portal, or ACH payment, if approved by the State, using the instructions below

Check remittance:

Follow the remittance instructions on the required Quarterly Sales Report and Revenue Share Remittance Form at the following link, https://das.ohio.gov/revenueshareform.

Credit Card Payments:

To pay by credit card, use the following link, https://epay.das.ohio.gov/Payment, select “Revenue Share” as the payment type and follow the on-screen prompts.

ACH Payments:

If this payment method is approved by the State, the State will provide payment instructions to Contractor.

If the full amount of the Revenue Share is not paid within 30 days after the end of the applicable reporting period, the non-payment will constitute a contract debt to the State. The State may setoff any unpaid Revenue Share from any amount owed to the Contractor under this Contract and employ all other remedies available to it under Ohio law for the non-payment of the Revenue Share. Additionally, if the Contractor fails to pay the Revenue Share in a timely manner, the failure will be a breach of this Contract, and the State may terminate this Contract for cause as set forth herein and seek damages for the breach.

3.8. PROHIBITION OF THE EXPENDITURE OF PUBLIC FUND FOR OFFSHORE SERVICES

No State Cabinet Agency, Board or Commission will enter into any contract to purchase services provided outside of the United States or that allows State data to be sent, taken, accessed, tested, maintained, backed-up, stored, or made available remotely outside (located) of the United States, unless a duly signed waiver from the State has been attained. Notwithstanding any other terms of this Contract, the State reserves the right to recover any funds paid for services the Contractor performs outside of the United States for which it did not receive a waiver. The State does not waive any other rights and remedies provided to the State in the Contract.

Further, no State agency, board, commission, State educational institution, or pension fund will make any purchase from or investment in any Russian institution or company. Notwithstanding any other terms of this Contract, the State reserves the right to recover any funds paid to Contractor for purchases or investments in a Russian institution or company in violation of this paragraph. The provisions of this paragraph will expire when the applicable Executive Order is no longer effective.

The Contractor must complete the Contractor/Subcontractor Affirmation and Disclosure Form affirming the Contractor understands and will meet the requirements of the above prohibition. During the performance of this Contract, if the Contractor changes the location(s) disclosed on the Affirmation and Disclosure Form, Contractor must complete and submit a revised Affirmation and Disclosure Form reflecting such changes.

4. INVITATION TO BID INSTRUCTIONS

4.1. Instructions, Terms and Conditions for Bidding that apply to the solicitation.

https://das.ohio.gov/revenueshareform https://epay.das.ohio.gov/Payment https://procure.ohio.gov/pdf/EO2022-02D/04-Affirmation%20and%20Disclosure%20Form_3-4-22.pdf https://procure.ohio.gov/pdf/OhioBuys_ITB_Instructions_to_Bidders_030921.pdf

5. SPECIAL INSTRUCTIONS TO BIDDERS

5.1. DESCRIPTIVE LITERATURE

The Bidder may be required to submit descriptive literature of the supplies or services being offered. If requested, the literature will be used in the evaluation process to determine the lowest responsive and responsible bidder. If not provided as part of the bid response, the Bidder must provide said literature within seven (7) calendar days after request/notification by the Office of Procurement Services to do so. Failure of the bidder to furnish descriptive literature either as part of their bid response or within the time specified herein will deem the bidder not responsive.

5.2. PRODUCT SAMPLES

The bidder(s) may be required to submit samples of the supplies being offered. The samples will be used in the evaluation process to determine the lowest responsive and responsible bidder. If not included as part of their bid response, the bidder will be required to provide the samples within seven (7) calendar days after notification. Failure to provide the samples within the stated time period will result in the bidder being deemed not responsive. After award of the contract, the samples will be used as a basis of comparison with actual product delivered under contract. Any variation between the samples and product being delivered will be considered as an event of default. Any variations between the samples and actual product being delivered that are due to manufacturer changes may be acceptable and shall require prior written approval from DAS.

6. * CONTRACTOR INDEX

CONTRACTOR INDEX

CONTRACTOR AND TERMS: **CONTRACT NO.: RSI007219

263727 TERMS: Net 30 Days Helena Agri Enterprises 800 Distribution Drive DELIVERY: as specified Columbus, OH 43228

CONTRACTOR'S CONTACT: Chad Allen

Telephone: (614) 604-2854

FAX: (614) 275-4270

E-mail: AllenCM@helenaagri.com

*Indicates the addition of a Contractor Index subsection.

**Indicates the correction of the contract number.

mailto:AllenCM@helenaagri.com

7. SUMMARY OF AMENDMENTS

Amendment Number

Effective Date Description

3 03/03/25

This amendment is issued to update the pricelist, dated 03/03/25, effective with all orders issued on or after 03/03/25.

All other prices, terms and conditions remain unchanged.

2 09/20/24

This amendment is issued to update the pricelist, dated 09/20/24, effective with all orders issued on or after 09/20/24.

All other prices, terms and conditions remain unchanged.

1 10/06/23

This amendment is issued to notify that as a result of mutual agreement between the State of Ohio and the Contractor, this contract is renewed for an additional 24 months, effective 05/01/24 through 04/30/26.

Additionally, this amendment is issued to clarify the pricelist in Ohio Buys, add a subsection for the contractor index, correct the contract number in the contractor index, and add the summary of amendments section.

All other prices, terms and conditions remain unchanged.

7. SUMMARY OF AMENDMENTS