HomeMy WebLinkAboutDocumentation_Regular_Tab 06_05/14/2015 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #:
5l14/15
Consent Agenda: Yes Resolution #: 24-15
Originating Deparr�nner�t: Utilities
AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staif report)
Authorizing piggy-backing the contract for the purchase of sodium hypochlorite at the price of $0.65 per gallon.
BUDGET / FINANCIAL IMPACT:
Account #: 401-242-552.342 Amount of this item: $35,000.00
Current Budgeted Amount Available: Amount Remaining after item:
$99,911.00 $64,911.00
Budget Transfer Required: No Appropriate Fund Balance: No
EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
Authorizing piggy-backing the contract between Odyssey Manufacturing Company and The City of West Palm
Beach for the purchase of sodium hypochlorite at the price of $0.65 per gallon.
APPROVALS: SIGNATU :
Department Head
Finance Director
Reviewed for Financial Sufficiency
No Financial Impact ❑
Attorney: (for legal sufficiency)
Village Manager:
Submit for Council iscussion: ❑
Approve Item: � • � �
Deny Item: �
SPECIAL INSTRUCTIONS FOR CLERK: (if you wish to have agreements signed, be sure to include the
number of copies you want signed and place "Sign Here" sticker on them)
Form Amended: 10/20/71
RESOLUTIOId NO. 24-15
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AUTHORIZING PIGGYBACKING THE
CONTRACT BETWEEN ODYSSEY MANUFACTURING COMPANY AND
THE CITY OF WEST PALM BEACH FOR THE PURCHASE OF SODIUM
HYPOCHLORITE AT THE PRICE OF $0.65 PER GALLON PROVIDING
FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
WHEREAS, pricing is piggybacked on the City of West Palm Beach Contract
No. 12816;
WHEREAS, this good/service was procured with the same level of
formality as the Village would have otherwise required in its Purchasing
Policies and Procedures;
WHEREAS, a copy of the agreement is attached to this Resolution;
WHEREAS, this contract will expire on October 20, 2015;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1 Resolution No. 24-15 is hereby approved awarding a blanket
purchase order to Odyssey Manufacturing Company for the purchase of sodium
hypochlorite at the price of $0.65 per gallon;
Section 2 This Resolution shall become effective immediately upon passage.
THE VILLAGE OF TEQUESTA
PIGGYBACKING CHECKLIST
Instructions: This form is to be completed for any purchase of goods, or contract for services where the Village
will utilize a contract competitnrely bid by another govemmental agency (i.e. "Piggyback").
Department: Water Utilities Date: 4/29/2015
Item/Service Provide Sodium Hypochlorite for the Water Plant
Vendor/Service Provider Odyssey Manufacturing
� State Contract # �X Other Governmental Agency
*Chapter 287, F.S.
If piggybacking a State Contract please stop here.
Name of Govemmental
1 Agency Clty of West Palm Beach Contrad #12816
YES IYO
Is the contract current? Effective date: 06/18/2013 Expiration � �
2 Date:_06/18/2016
� �
3 Was item/service bid out in compliance with the Village's Purchasing Policies & Procedures?
Is the price that the ViUage uviU recelve by piggybacking equal to the price obtained by the � �
4 agency named above?
0 0
5 Does the contrart contain an assignability clause?
If the answer to question # 5 is no, has the governmental agency given the Vilfage permission to � �
6 piggyback on the contract?
� �
7 Has the vendor/service given the Village permission to piggyback on the contract?
Depart nt Head Signature Date
�Ilage of Tequesta Date:
Purchase Order Requisition Date Purchase Order is Req'd:
(Alot a Puichase Order) Department: Water Treatrnent Plant
`ReWsed November 14. 2011 R2q #: 586
Quotes Received: 1 (See Attached) Recommended Vendor: Vendor #:
Vendors 9fds Odyssey 3267
1 Od sse $0.655/Gal. Address: 1484 Masaro BNd.
City: Tam a
State & Zip: FL 33619
Comments: We're piggy-backing off of City of West Palm Beach Contract no. 12816 for Sodium Hypochlori�.
Odyssey manufactures the t�st product for the Plant's needs, the best technical support and storage system.
Manuf./ Available Balance
Item Description Part# Qty. Unit P�ce Total Cost Account # (Finance Use Only)
NaOCi (gals.) 69,000 $ 0.65 $ 44,850.00 409-242 552.342
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
Total: $ 44,850.00
Finance/Administretive Use Onlv:
The Department Directors / Design�'s slgnatu�e below certifies that (1) this purchase order reqWslhon !s complete end in compllance wlth tha Vtllage's
Purchasing Policies and Procedures and (2) all procurement requi ents have 6een setisfieal.
De artment Director / Desi nee Si nature: Date: 3� �
The Finance Depertment signeture belowr certlfles thaf (9) thf ulsiL'on has been approved by an authorized Department Dlrector/ Deslgnee, (2) et th
corracf a�ur►t numbers heve treen us� and (3) there is a uate funding /n the accounts llsted.
Finance Si nature: Date:
Villa e Mana er A roval: Date:
Village Council Approval: Resolution #: Date:
� _���
.�� �
- � � ���
h ��� - . � .
_ .� � �
'_���.
-�•�.._�`_�
ODYSSEY
MANUFACTURING CO.
April 27, 2015
Mr. Sam Heady
Deputy Director of Utilities
Village of Tequesta
901 North Dixie Highway
Tequesta, Florida 33469
Re: PROPOSAL TO SUPPLY BIILK SODIUM HYPOCHLORITE TO THE VII.LAGE
OF TEQIIESTA UTILITIES DEPARTMENT
Dear Sam,
As a follow-up to your recent request, Odyssey Manufacturing Co. agrees to let the dillage of
Teyuesta "pig�+back" off of the City of West Palm Beach's contract for its Ultra Chlor 12.5%
sodium hypochloeite for its Utilities Department only tl�rou�li June 18, 2016 for the furn lump sum
delivered prices as specified in paragraph 7 of d�e West Palm Beach contract. The delivered price is
fixed to the water treatment plants and there are no fuel surcharges, delivery fees or other hidden
charges. Attached is a copy of the contract. Robin Hewitt is the point of contact with the @ 561-
822-2200. Additionally, d�ere is no minimum deliverx! This proposal to piggyback is made with the
understanding that Odyssey Manufacturing would supply the Village of Tequesta's bulk sodium
hypochlorite needs for its Utilities Departrnent only. As part of the chemical supply, Odyssey agrees
to provide technical assistance to your facilities as required to your Water Treatment facilities
including engineering, technical support and service work on your chemical systems.
Odyssey's product guarantees and specifications a� listed in its bid package. The bottom line, witl�
Odyssey's high yuality sodiurn hypochlorite, you will be able to see to the bottom of your tanksl As
you know, you cannot currently do tl�is. Additionally, we don't have all of the metal impurities or
sludge of other manufacturers. We also make 12.5 Trade Percent and not 9% - 10% like otlier
manufacturers so you will use lessl Odyssey guarantees deliveries with 48 hours' notice and will do
emergency deliveries on 24 hours' notice. We have never missed a delivery!
In addition to the guarai�teed pricing, the Villa�e of Tequesta will achieve additional cost savings in
two areas with the Odyssey Ultrachlor. First, Odyssey Ultra Clilor contains virtually no metal
impurities. This l�ck of inetal impurities (primarily nickel and cobalt) means less gassing of the
bleach which is a form of decomposition and translates to a significantly longer half-life (e.g., lower
decomposition rate) on the order of magnitude of 10% to 100%. This factor by itself should decrease
total consumption by approximately l 0% to 20% or so depending on how long the product is stored
prior to being used thus resulting in cost savings. Additional cost savings will also result from
reduced O&M expenses since you will not have any feeder system pluggages ca.used by high
suspended solids (e.g., the black goo on the inside of sodium hypochlorite tanks) or gassing (from
metal impuritees). Other benefits include redaced bromate levels (a knorvn carcinogen which became
regulated in drinking water beginning January of 2004) and reduced sodium chlorate levels (EPA has
stated that khey to �u1�te th�s substance in dru�n�,v�!a�er wk�en more toxiGity,d�ta fi'om , ,�
s* �� �.. � l'x � -r- S � 'l5- ,�,; :;�.�y� ���a�'`: -,^��^ �,�-_',�-' 3�"v ,u , � -`' S,�, ,ri.�.�u:r`.a�a � 5,7,� S ti�� � �tival��t� ,EA�`•:� �, , �,;
'�' - `�n��� V �S �� �
� - � �� + � �- C 4 � m `
�a .�- 4 :�'"- .�, �"� - 4'" ' a� � i , �we F. �' rh _ c ���. '-_ �r- - -:,�'s _ � _ g � s �'� �
��
� �;�3�����i � - � ���b� ?,„.� - �� _ a ���� ry, � ' � �".° r'.c'- ��- �� � �,t '� �'�'',������ �`' �� �'r�`�
�s'' .� x.,:' .� ie.,._?" a , �� :� .,i'< "f �->:': , -c . �- , :[- , v �• -.
'_ :, .,,� -• t,-.�..
- '�� s e . . s j �I 1 -M.
�'- - � • �i
ongoing studies is available). Another advantage is that Odyssey never misses a delivery! Contrast
that with d�e service you have received in the past!
As the only proven chlor-alkali manufacturing facility in Florida, Odyssey Manufacturing Co. can
offer a uniyue combination of high quality combined with a very competitive cost structure. We
make our raw materials (chlorine and caustic) on-site out of highly purified salt and demineralized
water utilizing a membrane cell electrolysis process. Not only does this process r�sult in high quality
bleach but also makes our product cost very competitive as we do not have to pay out of state d�ird
parties to make the eaw materials for us and have them shipped down by eailcae. This is tha reason
we are abie to offer this fixed pricing with no price protection for the upcoming year while providing
a superior quality product. Additionally, this ensures our raw material supply is not interrupted. As
you know, railcar shipments of chlorine gas have been stopped on eight occasions for up to four days
each time ovar the past six years; three due to tereorist concerns and six due to hurricanes.
Thank you for your consideration. As you know, we have peovided our industry superior service over
the past fourteen years of our existance providing the best pr�uct in the marketplace snd never
missing a delivery. Additionally, we I�ave provided extensive technical expertise with regard the
chemicat systems and installed tanks to the industry. In fact, Odyssey is a licensed plumbing and
general contractor who has installed the majority of sodium hypochlorite systems in Florida. We also
furnisl� and install on-site generation systems. Please call me if you have any questions. We look
forward to the opporlunity to continue to serve your sodium hypochloeite needs in the future. I have
also peovided you a product brochure, process flowchart, Material Safety Data Sheet (MSDS), copy
of our NSF certification, and a copy of our insueance certificate as part of the bid package that is
enclosed. Additionat information on our peoduct or company can be found on our website
@www.odysseymanufacturing.com. Please do not hesitate to contact me at (813) ODYSSEY or
cellular (813) 335-3444 if I can be of further assistance.
Sincerel ,
ck H. Allman
Geneeal Manager
i
I
.. � . . .
�� � CITY OF WEST PALM BEACH CIN`S ORlGIN�.
CONTRACT FOR PURCHASE OF CHEMICALS
Contract No. 12616 ' .
Suppller. ODYSSEY MANUFACTURING COAAPMiY � �
Supplier Add�essL 1484 Massaro e{vd. �
. Tampa, FL 33618
Contaat: Patrick Allman
Email: pallmanC4�odysseymanufaduring.com
Telephone:, 813-835-0339 Cell: 813-33b-3444 � �
. Suppller FEIN# 65-084634b ' .
THIS CONTRACT Is made by and beNveen the CIY'Y OF WH9T 'PALM BEACH, 401 Clemetla Street, West
Palm Beach, FL 33401 (°City'� and the SUPPUER identliiled above.
1. �roduc� - . ,
1.1 Product Purchased: Sodlum Hypochlorite ('PraducY�
1.2 Product Speciticatlons: .
a) The Produd shaA comply wfth American Water Wo�ks Association Standard B300-10 and Nadonal '
� Sanftedon Faundatlon Standard 60, or the most recent standard for the Product lssued by suoh
, organizatlons.
'b) Product delivered under thls Contract shali have a mfnimum oi 120 Grams per Llter (OPL) avallable
chlorine (i.e., 12.0 Trade Percent). • ' � ,
c) Product depvered under thts Contract shal( have a minlmum of 0.15 percent by weight sodfum
, hydroxide and a maximum of 0.45 weight percent aodlum hyd�oxide . "
� Product delivered under thls Corrtract shall meet the foltowing containment canc�ntrat}on Ifmits:
Iron < 0.3 mg/L
Copper < 0.03 mg/L �
Nickel < 0.03 mg/L
Chbrate < 1,500 mg/L
Bromate < 20 mg/L ' .
. , Perchlorate < 20 mg/l.
F�ter Test Time (1000 ml) < 3 minutea
e) Sampling and testing shall be in accoi`dance with the documents tiNed: "The Weight Pe�ent
Determinatfon of. Sodlum Hypochlorlte, Sodlum Hydrox/de, And Sodium Chlorate ln L/quld B/each°
and °Suspended Sollds Qualfty Test for Bleach Using Vacuum FUtratfon°, dlsMbuted by Powell
• Fabrlcallon and Manufacturing, Inc. and avallable at http://www.powellfab.com. -
2. Order Placement. '
2.7 Praduct wlll be ardered using City purchase orders an an 'as-needed° basis fo� the term of thts
Contract The te�rns of thia Contract are Incorporated into al) purchase orders Issued under this Contrad. .
Odyssey/ Sodium Hypochlorite 080413 . �
12818 � 1 �
;
� � 06/21/2013 08:12:26 AM
�,
2.2 Each purchase order will contain the tollo�rolnq intormallon: the Individual placing the order, .
' quantity of product ordered; delivery point; required delivery dme,
� 2.3 Purchase Orders may be faxed, telephoned in, or tnailed to the Supplfer's offlce. .
2.4 Back-orders shall be made known to the City at time of order'placement. .
� 2.5 The City make� no representatfons or guarar�ee regarding the quantlUes ot Product to be
purchased under th(a Contract artd resenres the �tght to vary ali quantfttea of the Produd. •
• • 2.6 A tanker will be considered to be 5,400 gallons.
� 2.7 This is a non-exclusive contract, and the City resenres the rtght to purchase Product from other
, auppllers during tl�e term ot this Contra�. •
2.8 The Supplisr will deliver ordered Product to the Cfty on a°flrst prlorlty° basis after an
- emergency, disaster, hurricane, flood or Act of God or ather situatfon that threatena the pubiic health.
3. Shloairx�: Deliverv. �
� 3.1 3uppUer shall deliver the Product to the (ocadon specified in the Purchase Order. The Suppller
shall d�QVer the Product not more than 2 calendar days after receipt of telephoned, faxed or vu�itten Purchase •
Order unless such Hme is extended, in uvriting, by the Clty. Any deviadana from the requested delivery shall be
communfcated to the City et the ttrne of ordering. Time Is of the essence w�th respect to this Cor�trad and .
delivery. In the event Supplier tafls to deliver the Product within the specifled time, City may cancel this Contract
and purchase elaewhere uvlthout Bability tor damages for breach of contract, Iost proflts, or any other damages
cleim.
3.2 Regular truck delivery of Product shall be acheduled to arrive at appropriate designated
desHnatlan beiween 8:00 a.m. and 3:00 p.m. EST, Monday through Friday, excluding legal holidays, unleas
othervvise arranged by the City. if a contract hauler is utllized by the Suppller,.the City will not be responslble for
any charges if delivery Is attempted or made at any other Umes. '
3.3 All transportatton equipment ahall be tharoughly clean and free irom scale and other foreign
matter. Defective tank Uvdcs from which Product cannot be withdrawn because of defective valves; pumps,
vfscbsity or other reasons, ehall be reJected and shall be retumed at Suppllers expense. Any changes required
on the exisdng equipment shall be the responsiblliry oi the Supplier and all costs for these modiflcations shall be
bome by Rhe Supplier.
3.4 Vdhen applicable, dalivery trucks shall be equlpped with pumps or compressors capable of
offloadirtg the Product to storage tanks or appropriate facllitles.
' 3.6 When applicable, Supplier shall ensure the cepabflity to hook up to City tank loading
attachriments for camlack fltting of 8° and 8° slzes and tank capacity ot 5,000 gallons. �
3.6 Shipments shall bear waming labels as spec(fled by USDOT regulaUons.
3.7 Supplier �hall include the current Matarlal Safety Data Sheet (MSDS) along with each delNery
oi the Produc�
3.8 All ehipment and delive�les shall be accompanied by a packing Iist or bill of tading corrtalning, at
a minimum, a descrlptlon of the Product a�d the quaMity dellvered. .
3.8 Supplier ahall ensure that the product shfpped fs In the correct quanUty and meets all
Speciflcatlons,•purchase order and order release. Deliveries which do not meet these requir�menta may be
rejected and retumed to the Suppqer at the Supplier's expe�se. ,
3.10 Delfveries shall conform to the City's Bulk Chemical Receiving �and Off-Loading Policy, and
Suppiler agrees to complete •the City's Bulk Chemicel Receiving/Off-LaadMg Authorizatlon.
, 3.11 The Product delivered must be tn accardance with the Hazardous Waste Act ar�i have bw
toxicfty with respect to contad with the akin and eyes and to accidantal Ingesdon. Product muat have ho
� obJectionabla odor incidantal io handiing. Supplier must fumish to the City, any and all first aid or other
suggested medical treatmeM procedures for the Product.
Odyssey/ Sodlum Hypochlo�te 060493 . , '
12816 2 .
06/21 /2013 Q8:12:26 AM
�.12 Supplier shall be responalble for clean-up of any spllls. When applicable, Supplier ahall be
responslble for proper, as determined by the Clty, on-stte disposal of residue pr�or to Initial deUvery.
3.13 Ali Product and transportatlon end delivery proalded shal� be }n compllance with all appliceble •
la+n�, regulations, codes�and standards of the City, Palm Beach CouMy, State of Florida, Florida Departments of
Commerce and Transponatlon, American Water Warks Aasocfatlon (A1NWA), Amerlcan Natlonal Standards
Ins�tute (APISq, the Occupational Safety and Health Act of 1970 (OSHA), In add(tlon, the Natlonal Sanftation
Foundadon (NSF) certlfication required by the Environmental Protectton Agency, Florida Oepartment of
Environmentel Protection or Palm Beach County Heafth Unit ahall be met,
4. Acceotance. �
4.1 "Acceptance° as used means the ecceptance by the City aRer City has, by inspection or test of �
Product, determined that the Product.fully comply wfth spec{fioations.
4.2 City is only obllged to pertorm a commerclal and sensorlal examinatlon oi the delivered Product
upon delivery. City will notify Supplier in wrlUng withln seven days of delivery of Produd if .
(a) does not meet the specHicatlons identlfled ln this Contract;
(b) deviates fram the quarttHy purchased;
(c) appeers to be contaminated;
(d) is dellvered in transportatfon equipment or packaging which is dlrly, damaged or not
approprlately merked;
� (e} is delivered with inconect documentaUon.
4.3 Clty shall not pay for shortages in quantlty ot Product detivered.
4.4 If any shEpment of Product is proven to be below the qualfty requlred by the specfflca�tlons, Ihe
Cityr reserves the dght to reject that shipmenL The SuppUer, at the Supplier's ovun expense, sha� remove the
►eJected Product. The Suppger shall then immediately �eplace the reJected Product with satisfactory Product or
cred(t the City with the fuA deltvery prtce of the rejeded Produd .
4.8 City reserves the rlght to have any shipment of Praduct inspected and tested. If the Produd
does not meet the requirements of the speci�cations or If any of the City facilities ere damaged as a result of
Impuriti�ies in the Product, the Supplier shall reimburse the City br the costs af any repalr, maintenance cr
replacement resuidng theref�om. •
5. Emeriaenales or Problems. If, (n the sole opinfon of the City, an emergency exista, Supplier shall be .
required to provide technicel assistance within tvv�nty-four (24) hours of noUficatlon. Supplier ahall have a .
qualifled technical service representative reatding in the State of Florida throughout the term of the Contract or
' , otherwise guarant� twenry -four (24) hour on-aite asalstance. �
8, ¢lean Tank Civarantee. At any tlme during the pertoRnanee of this Contract, if Clty has any sort oi sludge
or other Impurity buildup In any of fts sodium hypochlo�te tanks, Supplier shall clean out the tenk at no charge to
City within soven (7) calendar daye, unless such dmeframe is extonded by City. The cleanout shouid be done !n
such e manner so that ft is dona safely wfth no Ioas of disiniedion to the afteoted planY and the conter�ts
dlsposed of In accordance w�th current regulations on disposal of hazardous wastes. Suppller shall submft a
procedure to the Cityr for the approval prfor to this work,being commenced. The determinatlon of v�ether there
is eny euch sludge or impurfiy bulidup In the tanks will be at the sote.dlsoretlon of the C(ty. When the tank has
been propedy cl�ened, 3uppller shaH ref(II the tank wfth clean, fresh Product at no cast to City. Failure of the
Suppiler to clean out the tank and replace the Praduct pursuant to thls secdon shall be cause for terminatbn of
this Contract by Clty elsewhere without IlabfUry for damagea far breach of contract, lost proflts, or any oth�r
damages cia(m.. �
7. Hce .
7.1 Prices.
Sodlum Hypochlorfte — Full Tanker (b,400 gals.) $0.6b6 per gallon including trensportadon & deiivery
Sodium Hypochlorite — Less than Fult Tanker 30.725 per gallon includfng transporta8on & delivery
Odyssey/ Sodium Hypochlorite 060413
12816 3 . •
06/21 /2013 08:12:26 AM
�
7.2 •Prfces Inctude 'frefght from the source of supply to destlnatlon, and shalt include delivery to the
deeignated IooaUon, Prices are F.O.B. de!(very point. The City wlil not be cherged any additional delivery
charges nor any drum or container deposit. . �
7.3 Prlce Ad)uetments (Up or pown). At the beginnh�g of each year oi the iniHal term and at the
commencement ot eech yeer of any contract exteneion periods, the City may �naider e single annual pd� edJustrnent to
the untt pdce ot each kem beaed on the U.S. Depertrnent of Lebor, Bureau of Labor Stetistice, Consumer Price Index (CP!-
U, All Iteme, Not Seasonally Ad]usted (NSA). The websfte Is htro:/h,v�vw.bls.qo'vlcAi/hame.htm. At the Cky's sote dlscredon,
. the annual edjustrneM shall be celculated by using the approp�ate �nnual perc�Mege as provided by tha Bureau ot lehar
Stadstics not more than i 20 days nor tess than 30 deys prfor to the flrst day of each ona year period of thl� Contract. Prices
mey adJusted upward or downward based on the CPI.
8. lnvoicas. Invoices muat idonUfy the City's purchase order number, delivery date, quantity, product �
descriptron, price and Supplier's unique Involce number. Invoices must be accompanied by the cerUfled weight �
Ncket tar Produd delivered to the Water Treatrnent Plant or Wetor Reclamation Facillty. Invoices shall be
submitted to: West Palm Beach Flnance Department. . .
' Attn: Accounts Payabl�
P.O. Box 3388 _ � �
• West Palm 8each, Fl 33402-3366. �
` 9. ent. Clty will make peyment after Prod�ct haa t�en received, accepted and properly invoiced.
Payment w(tl be made wit�ln 45 days ot receipt of a proper invaice in accordance with the Local Oovemmerrt .
Prompt Payment Act, Section 218.70, et al., Florida Stetutes. No payment made under thl� ConVact shall be
construed to be an acceptance of Product or to relieve Supplfer of Ilabtlityr for Product �rhich does not comply to
the speciflcation and requirements of this Cantract.
90. Jerm. ` �
10.1 Te�. Thfs Contract shall commence on the date of execuUon by the City (City ahall execute
Iast) and shall corrtlnue and remaln ln full force and effect for three (3) years, unless terminated eaNier.
10.2 �xtension Ootlo�. The City may extend this contract for two (2) addidonal one (1) year perlods
at the same terms, canditions and pr�ces, uport mutaal Contract of both partles. If the Supplier cannot renew at
these same terms, conditlons and prices, Suppller must notiffy Cttyr on/or before 90 deya p�ior to cor►tract
expfration.
-11. �ulv Ucenaed. Supptier represents that R Is duly Iicensed to perform the Services under this Contract and
that it will contlnue to malntain all licenses and approvals required to conduct fts business.
92. ns ce. Supplier shall purchase irom and maintaln durlr►g the term of the Services, and aA appllcable
' statutes of Iimitatioh periods, the Foilowing Insurence: '
(a) Comprahensive Oeneral Liabillty Inaurence In the minlmum amount of $1,000,000 combined
single qmft per occurrence and $2,000,000 aggregate tor bodlly InJury and property damege
IlabiUty for clatrns for damages for bodtly and personal injury, Including death, as we(I as claims
ot proparty damages which may arise from any operaUons under this Gontrect, whether sucii
operatlons'be by the Supplier or by anyone directly or indirectly employed by the Suppller, and
must include Producta/Completed Operatlons Hazard. This coverage may not be subJecct to a
self-fnsured retendon or deducUble exceeding $25,000; and �
(b) Worker's Compen�ation and Employer's Llability Insurance with Iimits of Employer's
Uabllity Insurance not leas than $1,000,000.00 "each accident," $1,000,000.00 "disease policy
limit�" 811d $1,000,000.00 "dlsease each employee. ,
(c) Automob�le Uabillty: Not less than $2,000,000.00 for inJuries per person in any one accident ar
� occurrence and $2,000,000.00 In the eggregate for Injuries per occtarrence or accident, with
$1,000,000.00 tor property damage in any one accident or occurrence. May not be subject to a
sol�-insured retentlon or daductlbla exceeding $10,000. .
Odyssey/ Sodlum Hypochlo�(te 060413 .
12818 � ' . 4
� 06/21 /2013 08:12:26 AM
i
(d) Pollution Liabllity occuRence based polic�► in a minimum coverage amount of $750,000 each �
lo'ss with a maximum deductlble of �160,0.00.
� SeN-insurance shatl not be acceptabie. All Inaurance policiea shall be Isaued by companies that (a) are authorized �
to transact buslness in the State of Florida, (b) have agents upon whom servke of process may be made�in Palm
Beach County; Florrda, and (c) have a best's rating of A- VI or better. � ,
Ad�itlo�al Insured: All Ilability insurance policles shall neme and endo�se the following as addiUonal insured(s): ' �
the ECR Board, the Clty of West Palm Beach and tts commissfoners, o�irs�s, enlployees and agenb.
, Certificate of Insurance: Supplier shall provlde the Ciry Risk Manager,with a copy ot the Certiflcate of lnsura�e
and endo�sements. evidencing the types af Insurance and covarage requlred prlor to the commencement ot
Servfces. It Is the Supplier's responaibillty to enaure that the Cit�r's Risk Manager and the DepartrneM both have a
current Insurance Qertiflcate and endorsements at all Umes. '
Ii Suppller's insurance policy is a cleims made poUcy, Supplier ahall maintain such insurancecoveregefar
a perlod of flve (b) years efter the expiratlon or termination of �ds Con6�ad. Applicable caverage may be met by
keeping the policles In force, or by obtalning an extension of coverage commonly known as e reporting
andorsement of tail coverage. �
The provislons of this s�don shall survive beyond the expiradon or termination of this Cor�tred.
13. Ind n. Suppller shall Indemn(ry, defend, save and hold harmless Clty, fts officers, agents and
employees, from all claima, damages, loases, pabiifties and expenses arising out oi the operations of Supplier or
tte subcantrectors, agent�, officera, servants, independent coMractors or employees pursuant to thts Contract,
speciflcally including, but not Ilmfted to, thosa caused by or arising out of (a) eny act, omisslon, default or
negUgance oi the Supplier in the p�ovisfon of the services under this Contract; (b) property damage or personal
injury, including death, which damage, in)ury or death arises out ot or ts h�cldental to or in any way connected
� with Suppller's executlon of sendaes under thfs Ccntract; (c) the vlolatlon of f�eral, state,. counry or municlpal
laws, ordlnances qr regulaBons by Suppller; or (d) any Infringements or any claimed iMiingements of any patent
. or patents In the manutacture and sale, o� either, of the Produd fumished under thls Contract, or in any way
connected w�th ihe use thereof by the Clty. Thia indempiflcadon Includes, but la not Ilmited to, the performance
of thia Contract by Supplier. or any ect or omiasion of Supplier, tts agenb, servants, contre�tors, patrons, guests
or invKees and includ� any cosb, attorneys' fees, expenses and Ilabil�ies incurred in the defense of any such �
claims or the irneaUgatfon thereof. Supplier agrees to pay all claims and losses and shall defend all sufts, in the
name of the City, its employees, and officars, Including but not Ilmited to appellete procesdinga, and ghali pay all
costs, judgme�ts and attcrnays' fees which may Issue thereon. Cit�r reserves the �ight to select its own legal
counsel to conduct any defense In any such pr�eding and all costs and feea assoc)at�i therewlth shaU be the -
responsibflity of Suppller under this IndemnfflcaHon p�ovlslon. To the extent c�naidered necessary by the Ctry,
any sums due SuppGer under this Contract may be retalned by Clty untll all oP City's claims for Indemntticatlon
have been resolved, and any amount withheld shall nat be subJect ta the payment of interest by. City. This
Indemniflcatlon ConVact Is seperate and apart from, and �n no way Ilmlted by, any Insurance provided pureuant
to this Contract or otharwise. Thfs paragraph shall not be construed to requlre Suppller to Indemnif�+ the Clty for
Its ovm negligence, or Intendonal acts of the City, its agenb w employees. . Nothing In this Cantract shap be
deemed to v+rahre or affect the �Ights, prfvileges and fmmunldes of the Cfty as set forth In 3ecUon 788.28, Florida
Statutes. ' .
14. Terminatlon. City ahall have the Mght to terminate this Contract, in vahole or in pa�t, with or without cause,
or for Its convenlence, upon 8ve {5) da}is wrftten natice to Suppller. In the event of terminatton, Cfty shaN
compensate the Supplier for all Product dellvered and accepted. Upon termination, this Cbntraat shell have no
further force or effect and the partfea shell be rel(eved of all further Oabllity, except thet the provisions of this
Sectlon shall sunrhre terr�ination of thia Cantract and remaln fn full force and effec�t.
9b. N to Ices. NoUcea required hereunder shall be given by w►ilien notice sent by registered U.S, matl, retum
recelpt requested, or by electronic trensmission producing a v�ritten record, if to the Clty, to P.O. 8ox 3386, Wast
Palm eeach, FL 33402, attenUon: City Administratar, and Ii to Supplter, to the address set torth a6ove.
Odyssey/ Sodium Hypochlorlte Q80413 � • ,
12816 ' 6
� � ' ��a��o�� oa:�2:2s,�nn
i
. ' �� . , .
18. Non Discrimin�tion. Suppqer shall not discrlminate agalnst any person because of race, color, religion,
' sex, gender identlty or expression, genetla information, natlonal origin, age, disabll(ty, famlllal status, marital
status or sexual orientaUon. •
17. Smal! Business.. The sma� business provisions of the City Code of Ordlnances, Chepter 66, are
Incorporated into this Contract by thfs refarence. � .
• 18. AsgMnmen�. This Contract may not be assigned by Suppller. �
19. Fcrce Maleure, Any deadBne prcvided for in thia Cantract may be extended ti the deadline le not met
because of one of the follow�ing conditions occurring with roapect to that particular pmject or parcef: fhe, strike,
explosion, power blackout, earthquake, volcan(c actlon, flood, war, civll disturbances, terrorlst acts, hurricanes
� and a�ts of Ood. When ane of the foregoing condfHons Interteres with contract pertcrmance, then lhe party
affected may be excused from performance on a day-for-day basis to the extent such party's obligations relate
to the pertormance so Mtertered with; provided, the party so affected shall use reasonable efforts to remedy or
remove such causea of non-pertormance. The party so affeded shall not be en�tled to any . additional
compensatlon by reason of any day-for-day extension.
20 NO 801iC1t8HAh Supplier a+arranta that It has not employed or retained any compeny or person, other than _
a bone flde employee wwking solely for Supplier, to solicit or secure this Contract and that it has not paid or
agreed to pay any person, company, corporatlon, Individual, or firm, other than a bana flde employee working
solely for Supplier, any tee, commisslon, percentage, glft, or any other constderatlon contMg�nt upon or
� reaylting from the awrard or making of this Contract. In the event of a breach w violation of this provlslon by
5uppller, the City shall have the �ight to terminaie the Contract withaut Ifabiqty and, at its discre�on, to deduct '
irom the Fee, or othenroise recover, the full amo�mt of such fee, commisalon, qercentage, gift, or c�sideration.
21. Publfc EMitv Crbne� �Act 3upplier represeMs that the execuNon of this Contract will not violate the Pubqc
Endty Crimes Act (Sectlon 287.133, Florlda Statutes), and certiftes that Supplter and any subcontractors under
this Contract have not been placed on the convicted vendor list malntained by the State of Ftorida Deparhnent
of ManagemeM Services withfn 36 months from the date of submitting a proposal for this Cantract or enter�g
into thls Contract 1Jloladon of this sectlon may result in termination of this Contract and recovery of all monies
paid, and may resuit in debarment fram the Ctty's comp�tltive procurement activities.
22. Publlc Records Law. Supplier shall allow public access to all documents, pepers, letters or other material
subject to the provlsions of Chapter 118, Flo�da Statutes, and made or recelved by the SuppAer in conJunctian ,
. with this Contract. Failure by the Suppller to grant such pu61k access shell be grounda for Immedlate unileteral
cancellatlon of this Contract by the ECR Board. ��
23. Riaht to Audi� Supplier shall maintetn adequate recorda of the purchase and deUvery of Produc! under ° �
this Contract for flve (5) yeara following expiratfon or termination of the Contract or conclusfon oi any lidgatlon _
� re0arding thfs Cont�act. The City shall hava the �Ight to audlt Supplier's books and records, at tl�e City's
expense, upon prfor notice, wtth regard to thls Contract. Suppller ahail allow the City or Its represer�taUve to
{ntervtew all c�arent or former employees to dlscuss matter� perdnent to this Contrac� If an audlt InspecUon in ,
accordance with this sectlon dlscloses overpricing or overchargea (of any nature) by Supplier to the Ciry in
excess of one-half of one perce� (.5%) oi the total contract blAings, (1) the reesonable costs of the Cfty's
Internal Audit department sball be relmbursed to the City by the Supplier, �nd (2) a 15� penaity of the •
overp�icing or overcharges shall be assessed. Any ad)ustmenta and/or payments whlch must be made as a
result of the audft inspecUon, including any Interest, eudfl costs and penaltles shafl be made by the Supplier -
within 45 days f�om presentation of City's 8ndings to Consultant. Fallure by Supplier to permit such audit shall
be grounds for termMatlon of this Contrect by the C(ty. .
24. Doveml�a Law. This Cantract shall be construed and interpreted, and the rights of the par�es hereto
determined, in accordance wfth Florida law wlthout regard to conflicts of law provistons. 7he ECR Board and
Suppller subm(t fo the jurisd�tion of Flor�da courts and federal courts located in Fiorida. The partles agree ihet �
proper venue for any suft conceming this Contract ahall be Palm Beach County, Florida, or the Federal
Southern Distnct oF Fbrida. Supplier agreas to waive all defenses to any suit Fled in Floride besed upon
improper venue or forum nonconvenlens TO ENCOURAOE PROMPT AND EpURABLE RESOLU77DN OF ANY 1171CiAT10N,
Odyssey/ Sod(um Hypochlorfte 060413 �
12818 . . 6 '
06/2112013 08:12:26 AM
• , . .
EACH PARTY HEREBY WAIVES ITS RIQHTS TO A TRIAI BY JURY IN ANY UTIOATION RELA7ED TO THIS CONTRACT. '
25. Saverabllitv. In the event thet eny sentence, sectlon, paragraph or portion of Utfs Contract shell be held by
a court to be invalid or unenforceable for any reaaon, such Invalidity or unenforceabltlty shall ,not aHect the
remeining partions of this Cor�trect end the seme shall remaln In full torce and effeat. • •
26. Wa er, No walver of a breach of any provtslon of this Contract shall conaNtute a walaer of any subaequerrt
breach of the same or any other provfsion of this Contract, and no wah+er �haB be effecUve unless made'in
writlng. �
27. Ethice: Conflicts of lirterest, Suppller ahall comply vvith all federal, state and local ethic� lavus end
reguladons. �
28. �saector Oeneral, Suppll� is a�nrare thet the Inspector Oenerel of Palm Beach County has tha authority to ,
� fnvesQgate and audit matters relating 4o the negottadon and performance of thfs contract, and may dem�nd and
obtaln records and tesHmony trom Supplier and its subcontraoto�s and lower Uer subcontractors. Suppller
understends and egrees that In add�lon to atl other remedfes and consequences provided by law, the faAure of
Supplier or its subcontractor'or lower tier aubcontracbrs to fully cooperate wfth the Inepector General when
requested may be deemed by the ECR Board to be a mate�lal breach of thia Contract )uatifying its termination.
29. Di�ai�l Sicnature. The parties to this Contract may agree to execute this Contract, and all subsequent
amendments or modi�catlona to it by digital signature, In accordance with Ch. 668, Fla. Stat.
30. Entlre Contraet: Exhibi�: Amendment. Any Exhibits attached to thla Contract are incorporated Into the �
terms and condlUona oi this Contract. In the event of any confllct betvueen thle Contract and any Exhiblts, this
Contract govems. Any addUlonal terms contained In eny Exhibit must be specfHcally accepted by Clly. This .
ConVact embodies tite entire Contrect and underst�nding of the part�a with respect b the subJect matler of this
Contract and supersede all prfor and cornemporaneous Contracts end understandings, orel or wr(tten, �elatlng to
the subject matter. This Contract may only be modifted by written amendmerit executed by the City and
• Suppller.
IN WITNESS WHEREOF, the parNea hereto heve made and executed thls Contract as of the day and year �
executed below. �
SUPPLIL:R: � '
ODY3SEY AAANUF CTURMIG COMPANY ,
' CITY OF WEST PALM BEACH
B �
� a ` �. Q. r� � Oeraldin� uoto, AAayor �
Name: �'�- ,� � � 1
• Title� (��'Y��'i'/ � Gn�� Date• . p��1 , 2013 ' -
Attest:.�g "
Ity Cleri � .
� . Clty Attomey's Office
App�o form and lega�ity. �
� By;
�
� Odyssey/ Sadium Hypochlorite 080413 '
12816 7
06/21/2013 08:12:26 AM
� � •
coRV CERTIFICATE OF LIABILITY INSURAIdCE �� 2�21���
. 'TH19 CERTIFICA7'� 18 l99UED A8 A AAATTER OF IPIFORMATfON ONLY AND. CONFERS NO RIOHTB UPOW TH8 CERI7FlCATB HOLQEft THIS
10ERTIFICATE DOEB NOT AFFl�iMATNELY OR NEC)AATNELY AMEND� EXTEND�OR ALTER THH COYERAOE AFFORDED B'if THE POLICIEB
�BELdW. TH18• CERTIFICATE OF INBURANC6 DOEB NOT CON9TITUTE A CONTRACT B6TWEEN THE 189UDV0 �IN9URER(9), AUTHORRED
•REPREBENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. �• .' .
IMPORTANT: If the eeRllicete holdet ts an ADDITIONAL IN8URED, tde pollcy(lea) must � endor¢ad. Ii BUBRODATION F9 WAR�ED, aubJect to •
the tern�e and eondltbne of the palley, eer�in�pollelee may requhe en enddraement A statement oq thls eeKHleate does not eoider Nghta to the �
eettlflcate holder In Ileu of su�h endoraet� e •� �• ' �
PRDOUCet • - SOAjB WBtBrB • • �
Btahl s Asaooiates Iasursaae, Ir�a: (727) 391-9791 t�z»�a-ss�3 ,
110 Car�iloa Parkway ' aon�a.watera@etahlinsnrance.aa�m
• • ' cov�ac+� wuc e .
St. Peteraburg � FL 33716 ' A,Westahoater 8 lns Lines Ina 0172
� �N�D ' . � � B Sire IIaderwriters Iris Co 0702
Odyasey Manufacturing Co. ' c•2en3th Inauranae Can � 3269
� 1984 Ma�aaro Slvd • • o: •
T � • .� FI, 33619 • • F � •
COVERAQES CERTIFICATE NUMBQt.�12122016474 REVISION NUMBER:
-- 7HI91S FO OERTIFY 7HAT THE POLICIES OF IPISURANCE li8'FED BELOW FIAVE BEEN ISSUED TO THE INSURED NA6AED ABOVE FOR THE POUCY PERIOD .. •
IMDICATED. NOTWITNSTAPIDINO ANY REQUIREMENT, TERAM1 OR COIdDIT10N QF ANY CON'rftACT OR OTHER DOCUMENT 41ATH RESPEC7 TO WFUCH THI3 •
CFJtTIFtCATE MAY BE ISSUED OR MAY PERTAIN, TME INSURANCE AFFORDED 8Y THE POUCIEB DESCRIBED HEREIid IS 3UHJECT TO ALL THE TERM9, .
EXCLUSIONS AND CONDI'i70N3 OF SUCH F'OUCIES. UdHTB &N04�1 MAY MAVE BEEW REDUCED BY PAID CWM9. ' � .
• 7YPBOFINBUWINC6 �7� • •
��� ' , p�� 9 1,000,000
R Wl�Id�RdAIC�ENeRAI-uA�l.m' • •J n � a � 50,000
A ClA�A3-MAOE Q�UR 4092979 0/1/2012 ; 0/1/2013 ���p � S 5�000
. , aaovn�uxr t, 1,000;000
� •' �Rq6 pGf�GqTE 0 2� 000, 000
C�NL �E�ATE uk91' APPUEB PEFC � �TS-COMPJOP A� S 2� 000, 000 •
X � • e • •
A ���� �g� ' ' ' 0 0 �0 0
$ X ANY AUTO . ' B�p.Y UJJURT (�P�) �
�� ��� OB480977 0/1/2012 0/1/2013 gpp�Y�,q+p�j�� � .
X FOREDAIfT� x p�� .. . ' . II
. . . s .
u►�.0 uae . � . ..... . . . .. . ... _ . . , r� axuR�ru� ' a 5 000 , 000 - -
A � °���~ �-� . • • nc�o�anre ' a 8,000,000
s . aoez9e� o/i/aoi2 o/i/2o� . . � �
� v� co�raN R n •
arm e��ore� ua�uTr --I • • •
�+'�+�o���*� N � A e�.eaaiacxa�,r a i o00 000
� osee2esos /i/ZOia /i/zoza ��6_�+a�o� s i•000 0 0
a� aaerun p�av ' � e.�. .poucr u�nr 1 000 000
R Pollution LisbilSty o24092999 ' 0/i/2csz 0/i/aoi3 p�p� �1,000,000
Ded �28,000 Ea Poll Conct. � . •
D�CWPiION OF OPfiRATIQNB / LOCA7ION8/ VEFqC1E8 (Akrch ACDI� 10'1, Addp1�l81 Re�mrim 3eht�tiq U E�wra ep�e la reqW►etl) , �
Cartifiaate holder ia listed se a8 additional iasur�t: •
CERTIFICATE HOLDER � � ' ' CANCELLATION ' ' �
• 9HQI�LD AMY OP, THE A80VE D88CRIBED POLtC188 BE CANC8ILBD 88FORB
, ' , ' ' • . ' TFIE �XPIFtAT10N DATB THEREOF, NOTICE' VVN.L � � DHLNERED IW
� City �of Wea� Palm $eaah • . . ACC�RI]ANCB WITH THE POL�Y PROYt8IQN8: ,_ .
Engiueeiing"9srvioes Depast�aen�
p PO SOX 3366 � ' ' A ' � ' . '
• west Palm Baaoh, FL 33402 ' �. • . ' •
• • ' � Relly Fetzold/WI►TER9 ��d �i P . .
ACORD 28 (2010 OB) ' • � 1988-2010 ACORD CORPORATION. Atl righis reserved.
��uso2er�m(�lm • Tl,ner.ilannams+a.u�i�{+nne�a.oniclP.nr+ma.4c.det`flan ' , '
� ' ' � ' � � • 06/21 /2013 08:12:26 AfUI
VII..LAGE OF TEQUESTA
CONTRACT FOR PURCHASE OF CHENIICALS
THIS CONTRACT is entered into, and effective, this day of May, 2015, by and
between the VII..LAGE OF TEQUESTA, FLORIDA, a municipal corpora.tion with offices located
at 345 Tequesta Drive, Tequesta, Florida 33469, organized and existing in accordance with the
laws of the Staxe of Florida, hereinafter "Village"; and ODYSSEY MANUFACTiJRING
COMPANY, a Florida. corpora.tion with offices located at 1484 Massaro Blvd., Tampa, Florida.
33619, hereinafter "Contractor".
�VITNESSETH
The Village and the Conteactor, in consideration of the mutual covenants contained herein
and for other good and valuable consideration, the receipt and suffciency of which is hereby
acknowledged by both parties, hereby agree as follows:
1. SCOPE OF SERVICES: The Village and the Contractor both hereby agree to
enter into this Contract for Purchase of Chemicals, whereby the Contractor shall provide LTltra
Chlor 12.5% sodium hypochlorite (the "Product") for the Village's utility departrnent. Pursuant to
the Contractor's April 27, 2015 correspondence, attached hereto as Exhibit A, the Village is
authorized to piggyback through June 18, 2016, on the Contractor's current contract with the City
of West Pa1m Beach, Contract No. 12816, which was originally procured by the City of West Pa1m
Beach in accordance with procedures that comply with the Village's procurement requirements.
City of West Pa1m Beach, Contract No. 12816 is attached hereto as Exhibit B and is hereby
incorpora.ted into this Contract as if fu11y set forth.
2. COMPENSATION: Pursuant to Exhibit B, and in consideration for the above
Scope of Services, pricing is as follows:
Sodium Hypochlorite — Fu11 tanker (5,400 gals.) -$.655 per gallon including transportation and
delivery.
Sodium Hypochlorite — Less Than Full Tanker -$.725 per gallon including transporta.tion and
delivery.
The Village shall pay the Contractor after receipt of the Product, and within forty five (45) da.ys of
Page 1 of 4
receipt of an invoice documenti.ng the amount due, in accordance with Exhibit B.
3. INSi7RANCE AND INDEMNII'ICATION: The Contractor shall provide proof
of workman's compensation insurance and liability in�,�rance in such amounts as are specified on
Exhibit B, shall name the Village as an "additional insured" on the liability portion of the insivance
policy. The Contractor sball at all times indemnify, defend and hold harmless the Village, its
agents, servants, and employees, from and against any claim, demand or ca.use of action of
wha.tsoever kind or nature, arising out of enor, omission, negligent act, conduct, or misconduct of
the Contractor, his/her agents, servants, or employees in the performance of services under this
Contract.
4. PUBLIC ENTITIES CRIMES ACT: As provided in Sec. 287.132-133, Florida
Statues, by entering into this Contract or performing any work in furtherance hereof, the Contractor
certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder,
have not been placed oa the convicted vendor list maintained by the State of Florida Department of
Management Services within thirly-six (36) months immediately preceding the date hereof. This
notice is required by Sec. 287.133(3)(a), Florida Statutes.
5. TERMINATION: NOTICE: This Contract may be termi.nated by either pariy
upon five (5) da.ys written notice to the other party, in accordance with E�ibit B. Notice shall be
considered sui�cient when sent by certified mail or hand delivered to the pazties at the following
addresses:
Village Contractor
Village of Tequesta Odyssey Manufacturing Co.
345 Tequesta Drive 1484 Massaro Blvd.
Tequesta, Florida. 33469 Tampa, Florida. 33619
Attn: Director of Utilities Attn: Patrick Allman General Manager
6. INDEPENDENT CONTRACTOR: It is specifically understood that the
Contractor is an independent contractor and not an employee of the Village. Both the Village and
the Contractor agree that this Contract is not a contzact for employment and that no relationship of
Employee/Employer or PrincipaUAgent is or shall be created hereby nor sha11 hereafter exist by
reason of the performance of the services herein provided.
Page 2 of 4
7. ATTORNEY'S FEES: In the event a dispute arises concerning this Contract, the
prevailing pa,rty shall be awarded attorney's fees, including fees on appeal.
8. CHOICE OF LAW; VENUE: This Contra.ct shall be governed aad construed in
accordance with the laws of the Sta.te of Florida, and venue shall be in Pa1m Beach County should
any dispute arise with regard to same.
9. AMENDMENTS AND ASSIGNMENTS: This Coatract, all Exhibits attached
hereto, and required insurance certificates constitute the entire Contract between both parties; no
modifications sball be made to this Contract unless in writing, agreed to by both parties, and
atta.ched hereto as an addendum to this Contract. The Contractor sha11 not transfer or assign the
performance of services called for in the Contract without prior written consent of the Village.
10. INSPECTOR GENERAL: Pursuant to Article XII of the Pa1m Beach County
Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters,
review and audit municipal contracts and other transactions, and make reports and
recommenda.tions to municipal governi.ng bodies based on such audits, reviews or investigations.
All parties doing business with the Village shall fully cooperaxe with the inspector general in the
exercise of the inspector general's functions, authority and power. The inspector general has the
power to take sworn statements, require the production of records and to audit, monitor, investigate
and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order
to detect, deter, prevent and eradicate fraud, waste, mismanagement, misconduct and abuses.
11. PUBLIC RECORDS: In accordance with Sec. 119.0701, Fdopida Statutes,
Contra�tor must keep and maintain this Contract and any other records associated. therewith and
tha.t aze associated with the �rformance of the work described in the Scope of Services. Upon
request, Contractor must provide the public with access to such records in accflrdance with access
and cost requirements of Chapter 119, Florida Statutes. Further, Contractor shall ensure that any
exempt or confidential records associated with this Contract or associated with the performance of
the work described in the Scope of Services are not disclosed except as authorized by law. Finally,
Contractor shall retain the records described in this pazagraph throughout the performance of the
work described in the Scope of Services, and at the conclusion of said work and upon request,
transfer to the Village, at no cost to the Village, a11 such records in the possession of Contractor and
Page 3 of 4
desixoy any duplica.tes thereof. Records thax are stored electronically must be transferred to the
Village in a format that is compatible with the Village's informa.tion technology systems.
IN WITNESS WHEREOF, the parties hereto have executed this Contract the date and
year first above written.
WITNESSES: ODYSSEY MANUFACTURING CO.
Patrick Allman, General Manager
(Corporate Seal)
VILLAGE OF TEQUESTA
ATTEST: Abigail Brennan, Mayor
(Sea1)
Lori McWilliams, MMC
Town Clerk
Page 4 of 4