HomeMy WebLinkAboutDocumentation_Regular_Tab 06_07/09/2015 '''�' Y VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #:
7/9/2015
Consent Agenda: Yes Resolution #: 54-15
Originating Department: Utilities
AGENDA ITEM TITLE; (Wording form the SUBJECT line of your staff report)
Amending Resolution #24-15, authorizing piggy-backing the contract for the purchase of sodium hypochlorite
to reflect the accurate price of $0.655 per gallon.
BUDGET I FINANCIAL IMPACT:
Account #: 401-242-552.342 Amount of this item: $25,000.00
Current Budgeted Amount Available: Amount Remaining after item:
$30,639.00 $5,639.00
Budget Transfer Required: No Appropriate Fund Balance: No
EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
Amending Resolution #24-15, authorizing piggy-backing the contract between Odyssey Manufacturing
Company and The City of West Palm Beach for the purchase of sodium hypochlorite to reflect the accurate
price of $0.655 per gallon.
APPROVALS: SIGNATURE: ' - t��'
. �_
Department Head � � � `
Finance Director �� ; � =
Reviewed for Financial Sufficiency
No Financial Impact ❑ � " � � � �
Attorney: (for legal sufficiency) ' : ` � �
Village Manager: ----
Submit for Council Discussion: ❑
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 plaee "Sign Here" sticker on them)
Form Amended: 10/20/11
,� MEMORANDUM
,;
Village of Tequesta
Administration
TO: �Ilage Council
FROM: Sam Heady, Deputy Utilities Director
DATE: June 24, 2015
SUBJECT: Amend Resolution #24-15
Per Village Ordinance 1 respectfully present the following memorandum of
understanding to Council.
Request to amend Resolution #24-15 to accurately reflect the cost of Sodium
Hypochlorite at 0.655 per gallon.
RESOLUTION NO. 54-15
AMENDING THE RESOLUTION 24-15 OF THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, FLORIDA, AND AUTHORIZING
PIGGYBACKING THE CONTRACT BETWEEN ODYSSEY
MANUFACTURING COMPANY AND THE CITY OF WEST PALM
BEACH FOR THE PURCHASE OF SODIUM HYPOCHLORITE AT THE
CORRECTED PRICE OF $.655 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 Resofution;
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:
Secfiion 1 Resolution No. 54-15 is hereby approved awarding a blanket
purchase order to Odyssey Manufacturing Company for the purchase of sodium
hypochlorite at the price of $0.655 per gallon;
Section 2 This Resolution shall become effective immediately upon passage.
- Village of Tequesta Date: 6/24/2�15
_ , Purchase Order Requisition Date Purchase Order is Req'd: 7/1/2015
(Nof a Purchase Order) Department: Water Treatment Plant
`Revlsed November 1I, 201f Req #:
Quotes Received: 1 (See Attached) Recommended Vendor: Vendor #:
Vendors Bids Odysse Manufacturin Com an 00114
1 Od sse $0.655/Gal. Address: 1484 Masaro Bivd.
City: Tam a
State & Zip: FL 33619
Camments:
This PO Re uest is to amend Resolution #2415 to reflect accurate rice .0655 er allon of Sodium M ochlorite.
We are i backin off Ci of West Palm Beach Contract No.12816.
Odysse manufactures the best roduct for the Plant's needs, the best technica! su ort and stora e s stem.
Manuf./ Available Balance
Item Descri tion Part# Qt . Unit Price Total Cost Account # Finance Use �nl
NaOC� ( als.) 53,435 $ 0.66 $ 35,000.00 401-242 552.342
� - �
$ -
$ -
$ -
$ -
$ -
$ -
$ -
Total: $ 35,000.00
Finance/Administrative Use Oniv:
The Department Direcfor s/ Designee ignature 6 low certifies that (fJ 's purchase order requisition is complete and in compfiance with tfle Village s
Purchasing Policies and Procedu2s n e irements have been satrsiied.
De artment Director / Desi es Si nature: Date: � Z�7 ��
Tha Finance Department signature below certifies that (1 j this requisition has been approved by an authorized Department brrector/Designee, (2) that the
correct account numbers have been used and (3j there is adequate Wnding in the accounts listed.
Finance Si nature: Date:
Viila e Mana er roval: Date:
Villa e Council Approval: Resalution #: Date:
THE VILLAGE OF TEQUESTA
0 �
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 competitively bid by another governmental agency (i.e. "Piggyback").
Qepartment: Water Utilities Date: b/23/2015
ttem/Service Provide Sodium Hypochlorite for the Water Plant
Vendor/Service Provider Odyssey Manufacturing
� State Contract # � Other Governmental Agency
*Chaprer 287, F.S.
If piggybacking a State Contract please stop here.
Name of Governmental
1 Agency City of West Palm Beach Contract #12816
YES NO
is the contract current? Effective date: 06/18/2013 Expiration � �
2 Date:_06/i8/2016
0 �
3 Was item/service bid out in compliance with the Viilage's Purchasing Palicies & Procedures?
Is the price that the Village will receive by piggybacking equal to the price obtained by the agency � �
4 named above�
0 �
5 Does the contract contain an assignability clause?
if the answer to question # 5 is no, has the governmental agency given the Village permission to � �
6 piggyback on the contract?
0 0
7 Has the vendor/service given the Village permission to pi�gyback on the contract?
6z�f�
�
Depanment Head Stg a ure Date
_...�-�--�
�y.-_
ODYSSEY
MANUFACTURfNG CO.
April 27, 2015
Mr. Sam Heady
Deputy Director of Utilities
Village of Tequesta
901 Nortl� Dixie Highway
TequesCa, Flarida 33469
Re: PROPOSAL TO SUPPLY BULK SODNM IiYPOCHLORITE TO THE VII,LAGE
OF TEQUESTA UTII,ITIES DEPARTMENT
Dear Sam,
As a foIlow-up to your recent request, Odyssey Manufacturing Co. agrees ta let the Village of
Tequesta "piggyback" off of the City of West Palm Beach's co�rtract for its Ultra Chlor 12.5%
sodium Itypochlorite for its Utilities Depart�nent only tl�►roug;h June 18, 20l 6 for the �rm lump sum
delivered prices as specified in paragraph 7 of the West Palm Beach contract. The deliveced price is
fixed to the water treatment plants and thsre are no fuel surcl�arges, deliveiy fees or other hidden
cl�arges. Attached is a copy of the contract. Robin Hewitt is the point of contact witli tl�e @ 561-
822-2200. Additionally, there is ��o minimum deliverv! 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 Utiiities Depa��tment only. As part of the che�nical supply, Odyssey agrees
to provide technical assistance to your facilities as required to your Water Treatment facilities
including engineering, technica( support a�id service work on your chemica( systems.
Odyssey's product guarantees and specificatioiis are listed in its bid package. The bottom iine, with
Odyssey's liigh quality sodium hypochlorite, you wilt be abls to see to the bottom of your tauks! As
you kz�ow, you cannot currently do this. Additionatly, we don't Iiave all of the metal impurities or
sludge of other manufacturers. We also make 12.5 Trade Percent and not 9% - 10% like other
manufacturers so you will use less! Odyssey guarantees deliveries with 48 hours' notice and witl do
emergency deliveries on 24 hours' notice. We (iave never missed a delivery!
In addition to the guaranteed pricing, the Village of Tequesta will achieve additional cost savings in
two areas with tl�e Odyssey Ultrachlor. First, (Jdyssey Ultra Chlor contains virtualiy no metal
impurities. This lack of inetal impurities (primarily nickel and cobalt) means less gassing of the �
bleach whicli is a form of decomposition and translates to a significantly longer half-life (e.g., lower
decompasition rate) on the order of magnitude of 10% ta 100%. This factor by itself should decrease
total consumption by approximately 10% to 20% or so depending on how long the product is stoced
prior to being used thus resulting in cost savings. Additional cost savings will also result from
reduced O&M expenses since you will i�ot have any feeder system pluggages caused by high
suspended solids (e.g., the black goo on the inside of sodium hypochlorite tanks) or gassing (from
rnetal impurities). Other bene�ts inch�de reduced bro�nate levels (a known carcinogen wl�ich became
regulated in drinking water beginni��g 3anuary of 2004) and reduced sodium chlorate levels {EPA has
_ . stated.. hat �he .intend.to.re ulate substan.c..e:in.drinkin .v�ate� w�et�.more. data .::.:: :.::::::..:::::.: ..: -;;,;::::..;;:
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ongoing studies is available). Another advantage is that Odyssey never misses a detivery! Contrast
that with the service you have received in the past!
As the on(y proven cl�lor-alkati ma�iufaoturing facility in Plorida, Odyssey Ma��ufacturing Co. can
offer a unique combination of high quality co�nbined with a very competitive cost structure. We
make our raw materials (clilorine and caustic) on-site out of highly purified salt and demineralized
water utilizi�lg a �nembrane cell electrolysis process. Not only does this process result in hig1� quatity
bleach but also makes our product cost very competitive as we do not have to pay out of state third
parties to make the raw materials for us and have them shipped down by railcar. This is the reason
we are able to offer this fixed pricing with no price protection for the upcoming year while providing
a superior quality product. Additionally, this ensures our raw materiai supply is not interrupted. As
you know, railcar ship�nents of chlorine gas have been stopped an eight occasions for up to four days
each time over the past six years; tl�ree due to terrorist conceri�s and six due to hurricanes.
Thank you for your consideration. As you kr�ow, we have provided our industiy superior service over
the past fourteen years of our existence providing the best product in the marketplace arld never
missing a delivery. Additionally, we have provided extei�sive tech�lical expertise witli regard the
chemical systems a�id insta(led tanks to the industry. In fact, Odyssey is a licei�sed ptumbing at�d
general contractor who has installed the majority af sodium hypochlorite systems in Florida. We atso
furnisl� and install on-site generation systems. Please call me if you have any questions. We look
forward to tlle opportunity to continue to serve your sodium hypochlorite needs in the future. I have
. also provided you a product brochure, process flowchart, Material Safety Data Sheet (MSDS}, copy
of our NSF certification, and a copy af aur insurance certificate as part of the bid package that is
enclosed. Additional information on our product or company can be found on aur website
@www.odysseymanufacturiag.com. Please do not hesitate to contact me at {813) ODYSSEY ar
cellular (813) 335-3444 if I can be of further assistance.
Sincerel ,
ick H. Atlman
General Manager
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�� � � CiTY OF WEST PALM BEACH ���� ������
N� �„ CONTRACT FOR PURCHASE OF CHEMtCALS
Contract No. 12816 '
Supplier. ODYSS�Y MANUFACTURING COMPANY �
Supptier Address; 1484 Massara Bivd. �
, Tampa, FL 33619
Contact: Patrick Aliman
Email: pailman@odysseymanufacturing.com
Tefephone:, 813-635-0339 Celi: 813-335-3444 � -
, Supplier FEIN# 65-0846345 ' .
7F118 CONTRACT is made by and between the Ct7Y OF WEST 'PALM BEACli, 401 Clematis Street, West
Palm Beach, FL 33401 ("City") and #he SUPPLIER identi�ed above.
1, Product, - • .
1.1 Product Purchased: Sodium Hypochiorite ("Product")
12 Product Specifications: .
a) The Product shalf cornply with American Water Works Association Standard 830Q-10 and National '
� Sanitation Foundation Standard 60, or the most recenf standard for the Product issued by such
. organizations.
b) Product delivered under this Contract shall have a minimum of 120 Grams per Liter (GPL) available �
chiorine (i.e., 12.0 Trade Percenf). • ' � ,
c) Product del(vered under this Contract shaif have a minimum of 0.15 percent by weight sodium
. hydroxide and a maximum of 0.45 weight percent sodium hydr�oxide .
d) Product delivered under thls Contract shall meet the folEowing containment concentration limits:
Iron < 0.3 mgll.
Copper < 0.03 mg1L �
Nickei < 0.03 mg/L
Chforate < 1,500 mg/L
Bromate < 20 mg/L .
. , perchiorate < 20 mglL
Filter Test Time (9000 mf) < 3 minutes
e) Sampling and test(ng shali be in accofdance with the documents titled: °The Welght Percent
Determination of. Sodium Hypoch�orite, Sodlum Hydroxide, And 5odium ChJorate tn Llqutd Bleach"
and "Suspended Solids Quality Test for B/each Using Vacuum Flifratfon", distrlbuted by Powell
� Fabrication and Manufacturing, Inc. and available at http://www.powellfab.com. -
2, Order Piacemen,i '
2,1 Product will be ordered using Cfty purchase orders on an "as-needed" basis for the term of this
Contract. The terms of this Contract are incorporated into ali purchase ordars issued under this Contract. ,
Odyssey/ Sodium Hypochlorite 060413 . •
12816 � 1 '
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2.2 Each purchase order wiN contain the fallowing information: the {ndividual piacing the order; .
' quantity of product ordered; delivery point; required delivery time
2.3 Purchase Orders may be faxed, telephoned in, or mailed to the Suppiier's o�ce. .
2.4 Back-orders shall be made knawn to the City at time of order'placement.
� 2.5 The City makes no representations or guarantee regarding the quan�ties af Product to be
purchased under tnis Contract and reserves the right to vary ail quantlties of the Product. •
• - 2.6 A tanker wiil be considered to be 5,aD0 gallons.
2.7 7his is a non-exciusive contract, and the Cify reserves the right to purchase Product iram other
. suppifers during the term of this Confract. •
2.8 The Supplier will deliver ordered Product to the Glty on a"first prioriry" basis after an
emergency, disaster, hurricane, flood or Act of God or other situation that threatens the pubkic heaith.
3. Shlpqins�: Deliverv. �
� 3.1 Supplier shali deliver the Product to the focation specified in the Purchase 4rder. The Suppifer
shali deliver the Product not more than 2 calendar days after receipt of telephoned, faxed or written Purchase •
Order unless such time is extended, in vuriting, by the City. Any deviations from the requested delivery shall be
cornmunicated to the City at fhe time of ordering. Tfine is of the essence with respect to this Cantract and
delivery. In the event Supplier fafls ta deliver the Product within the specifisd time, City may cancel this Contract
and purchase eisewhere w(thout liability for damages for breach of contract, lost protits, or any other damages
ciaim.
3.2 Regular truck delivery of Product shall be scheduled ta aRfve af appropriate designated
destinat(on between 8:00 a.m. and 3:00 p.m. EST, Monday through Friday, exciuding legaf holidays, unless
othervvise arranged by the Cify. If a contract hauler is utilfzad by the 5upplier, the City wilt not be responsible for
any charges 1f delivery is attempted or made at any other times. '
3.3 All transportation equipment ahali be thoroughly clean and free from scale and othar foreign
matter, Defective tank trucks from which Product cannot be withdrawn because of defective valves; pumps,
viscosity or other reasons, shail be reJected and shall be retumed at Suppiier's expense. Any changes required
on the existing equipment sha11 be the responsibility of the Supplier and all costs for these modifications shali be
bome by #he Supplier,
3.4 When applicable, delivery trucks shall be equipped with pumps or compressors capable of
offfaadfng the Product to storage tanks or appropriate facilities.
' 3.5 When applicable, Supplier shafl ensure the capability to hook up to City tank loading
attachments for camlook titting of 6" and 8" slzes and •tank capacity of 5,000 gallons. �
3.6 Shipments shall bear warning labels as specified by USDOT regulations.
3.7 Supplier shail include the current Material Safety Data Sheet (MSDS) along with each def[very
of the Product.
3.8 All shipment and deliveries shall be accompanied by a pacicing Iist or bill af lading containing, at
a minimum, a description of the Product and the quantity delivered. _
3.9 Supplier shail ensure that the product shipped Is in the correct quantity and meets all
SpeciBcations,.purchase order and order release. Deliveries which do not meet these requirements may be
rejected and returned to the 3upplier at the Supplier's expet�se. ,
3.10 Qeliveries shall conform to the City's Bulk Chemical Receiving �and Off-Loading Poticy, and
Supplier agrees to compiete �the City's Bulk Chemical Receiving/Off-Loading Authorization.
, 3.14 The Product delivered must be tn accordance with the Hazardous Waste Act and have low
toxloity with respect fo contact with the skin and eyes and to accfdental ingestlon. Product must have ho
- objectionable odor incidental to handling. Supplier must furnish to the City, any and all first aid or other
suggested medical treatment proeedures for the Produat.
Odyssey/ Sodtum Hypochlorlte 060413 . • �.
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06/21 /2013 08:12:26 AM
�.12 Supplier shali be responsible for clean-up of any spiils. When appiicable, Suppiier shall be
responsible for proper, as determined by the City, an-site disposal of residue pr�or to Initiai del(very.
3.13 AI! Product and transportation and delivery provided shal! be in compliance with ali appHcable •
laws, regulations, cod@s �and standards of the Clty, Palm Beach County, State of Florlda, Florida Departments of
Commerce and Transportatlon, American Water Works Association (AWWA), American Nationai Standards
institute (RNSI}, the Occupattonal Safety and Health Act of 1970 (OSHA), In addition, the IYatianai Sanitation
Foundation (NSF) certification required by the Environmental Protection Agency, Fiorlda Department of
Environmental Protection or Palm Beach County liealth Unit shall be met.
4. Accentance. •
4.1 °Acceptanne" as used means fhe acceptance by the City after City has, by inspectfon ar test of •
Product, determinsd that the Product.fully comply with specifications.
4.2 City is only obliged to pertorm a commerciai and sensotiai examinatlon of the delivered Product
upon delivery. City will notify Suppiier in writing within seven days of delivery of Product if; .
(a) does rtot meet the specifications identified in this Contract;
(b) deviates from the quantity purchased;
(c) appears to be contaminated;
(d} is delivered in transportation equipment or packaging which is dirty, damaged or not
appropriately marked; .
� {e} is deliverad with incorrect documentaaon.
4.3 City shall not pay for shortages in quantlty of Praduct delfvered.
4.4 If any shipment of Product is proven to be below the quality required by the speoifications, the
City reserves the �ight to reject that shipment. The Suppller, at the Suppller's own expense, shali remove the
�e�ec#ed Product. The Supplier shall ihen immediately replace the rejected Product with satisfactory Product or
credlt the City with the full dellvery price of the rejected Praduct. .
4.5 City reserves the right to have any shipment of Product lnspected and tested. If the Praduct
does not meet the rQquirements of the speci�cations or if any of the City facilikies are damaged as a result of
lmpurities fn the Product, the SuppUer shall reimburse the City for the costs of any repair, mafntenance or
repiacement resuiting therefram. •
5. Emerqencies o� Probtems. If, in the sole opinion of the City, an emergency exists, Suppfier shafl be .
required to provide technical assistance within twgnty-four (24) hours of notification. Supplier shall have a _
quallfied technical service representative residfng in the State of Florida througMout the term of the Contract or
' , atherwise guarantee twenty-four (24j hour on-site assistance. �
6. Clean 7a�nk C3uarantee. At any time during the pertorman�e of this Contract, if City has any sort af sludge
or other impurity bu3ldup in any of its sodium hypochlo�ite tanks, Supp{ler sha{I clean out the tank at no charge to
City wlthln seven {7} calendar days, unless such timeframe is e�ended by City. The cleanout should be done in
such a manner so that it is done sateiy with no Ioss of disinfectton to the affected plant' and the contents
dispased of in accordance wlth current regulations on disposal of hazardous wastes. Supplier shall su6mft a
procedure to the City for the approval prior to this work.being aommenced. The determination of whether there
!s any such siudge or impurity buiidup in the tanks will be at the sole.discretion of the City. When the tank has
been properiy cleaned, Supplisr shai! refiil ihe tank with clean, fresh P�oduct at no cost to Clty. Failure of the
Supplier to clean out the tank and replace the Product pursuant to this sectton shall be cause for termination of
this Contract by City elsewhere without Ifabillty for damages for breach of contract, lost profits, or any other
damages claim..
7. rlCe$.
7,1 Prices.
Sodium Hypochiorite — Full Tanker (6,400 gats.) $0.655 per gallon including transportation & detivery
Sodium Nypochlorit� — Le�s than Full Tanker g0.725 per gallon including transporta;lon & defivery
Odyssey/ Sodium Hypochiorite 060413
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7.2 �Prices inctude 'frefght from the source of supply to destination, and shal( (nclude delivery ta the
desfgnated location. Prices are F.O.B. deilvary point. The Gity will not be charged any additionai delivery
charges nor any drum or container deposit. � �
7.3 Price AdJustments (Up or pown). At the beginning of each year of the initial term and at the
commencement of each year of any contract extension periods, the Ciky may consider a singie annual price adjustment to
the unit prica of each item based on the U.S. Departrnent of Labor, Bureau of Labor Statistics, Consumer Price Index (CPI-
U, All Items, Not Seasonally Adjusted (NSA). The website is j�tp:!lwww.bls.go'v/cni/hame,htm. AE the City's sole discretion,
. the annual edjustment shall be calcutated by using the appropriate annual percentage as provided by the Bureau of labor
Statisttcs not more than 120 days nor less than 30 da ys prior to the ffrst day of eaeh one year period of this Contract. Pr1ces
may adjusted upward or downward based on the CPf.
8. Invoices. Invoices must identify the City's purchase ocder number, delivery date, quantity, product �
description, price and Supplier's unique lnvoice number. Invoices must be accompanied by the certified weight �
ticket for Product delivered to the Water Treatment Plant or Water Reclamation Facility. Invoices shali be
submitted tn: West Palm Beach Financs Department, , .
' Atfi: Accounts Payable
P.O. Box 3366 _ • �
• West Palm Beach, FL 33402-3366. �
` 9. Pavment. City wifl make payment after Product has been received, accepted and properly invoiaed.
Payment wili be made within 45 days nf receipt of a propar invoice in accordance with the Local Govemment
Prampt Payment Acf, SeCtion 218.T0, et al., Fiorida Statutes. No payment made under this Contract shall be
construed to be an acceptance of Product or to relieve Supplier of liabflity for Produot which does not comply to
the specification and requfrements of this Contract.
10. Term. �
10.1 Term. This Contract shall cammenoe a� the date of execution by the City (City sh�ll sxecute
last} and shall continue and remaln in full force and effect for three (3) years, unless terminated earilec.
10.2 �tension Ontian. The City rnay extend this contract for two (2j additfonai one (1) year periods
at the same terms, canditions and prices, upon mutual Contract of both parties. if fhe Supplier cannot renew at
these same terms, �condit€ons and prices, Supplier must �otify City on/or before 90 days prior to contract
expfration.
�11. pulv licensed. Supplier repressnts that it is duly liaensed ta perform the Services under this Contract and
that it will continue to maintain all licenses and approvals required to conduct its business.
12. insurance. Suppiier shaii purchase from and mafntain during the term of the Services, and all applicab(e
° stafutes of Iimitatioh periods, the foilowing insurance: � '
(a) Cnmprehensive Oeneral Liability insurance in the minimum amount of �1,000,000 combined
single limit per occurcence and �2,000,000 aggregate for bodiiy injury and property damage
liability for ciaims for damages for bodify and personat injury, Inefuding death, as weil as cla�ms
of property damages which may arise from any operations under this Contract, whether such�
operations'be by the Supplier or by anyone directfy or indirectly empioyed by the SuppHe�, and
must include Products/Completed Operations Hazard. This coverage may not be subject to a
setf-insured retent{on or deductible excseding $25,000; and �
(b) Worker's Compensation and Empioyer's Liability tnsurahce wlth limits. of Empioyer's
Liabliity Insurance not less than $1,0OO,OQ0.00 "each accident," $1,000,000.00 "disease policy
Iimit," and $1,000,000.00 "disease each empioyee." .
(c) Automobile Uabitity: Not less than $2,000,000.00 for injuries per person in any one accident or
occurrence and $2,OOO,Q00.00 in the aggregate for injuries per occurrence or accident, wlth
$1,000,000,00 for properky damage In any one accident or occurrence. May not be subject to a
sal�-insured ratention or daduct�bla exceading $10,�00. .
Odyssey/ Sodium Hypochlorife 060413 .
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(d) Poilut€on Liability occurrence based policy in a minlmum coverage amount of $750,000 each �
loss with a mau�imum deductible of $150,040,
Self-insurance shall not be acceptable. Ali insurance poiicies shail be issued by companies that (a) are autho�ized •
to transact business in the State of Florida, (b) have agents upon whom service of process may be made in Patm
Beach County; Ftortda, and (c) have a best's rating of A- VI or bei#er. � ,
Additlona,�,.lnsured: Ali Uability insurance policies shall name and endorse the following as additional insured(s): ' �
the ECR Board, the Ciry of West Palm Beach and tts commissioners, officers, erriployees and agents.
Certificate of fnsuranoe: Supplier shall provide the Gity Risk Manager wtth a oopy of the Certificate of Insurance
' � and endorsements evidencing the types of Insurance and coverage required prior to the commencement oi
Services. It is the Supplier's responsibil{ty to ensure that the City's Risk Manager and the Departmer�t both have a
current Insurance C.ertiflcate and endorsements at all times. �
If Supplier's insurance policy is a claims made policy, Supplier shall maintafn such Insurancecaveragefo�
a perlod of five (5) years after the expiration or termination of fhis ContracE. Appiicabte coverage may be met by
keeping the policies in force, or by obtaining an extension of coverage commanly known as a reporting
endorsement of taii coverage. •
The provisions of this sec8on shalt survive beyond the expiration or termination of this Contract.
13. Indemni . Supplier shall indemnify, defend, save and hold harmless City, its o�cers, agents and
employees, irom ai{ cleims, damages, iosses, {iabi{ities and expenses arising out of the operations of Supplier or
its subcontractors, agents, officers, servants, independent eontractors or employees pursuant to this Contract,
specifically including, but not limitgd to, those caused by or arlsing out of {a) any act, omission, default or
negligence of the Suppiler in the prevision of the services under this Contract; (b) property damage or personai
injury, inciuding death, which damage, injury or death arises out of or is incidental to or in any way connected
� with Suppliar's execution of services under this Contract; (c) the vlolatlon of federai, state,.county or munfcfpaf
faws, ordinances or regulations by Suppller; or (d) any infringements or any clalmed infrtngements of any patent
or patents in the manufacture and sale, or either, of the Product fumfshed under this Contract, or in any way
� connected with the use thereof by the City. This indemnification fncludes, but is not Ilmited to, the performance
af thfs Contract by Supptier. or any act or amission of Supp(ier, its agents, servants, contractors, patrons, guests
or invitees and includes any costs, attorneys' fees, expenses and 1(abilities incurred in the defense of any such �
claims or the investigation thereof. _ Supplier agrees to pay al! ciaims and losses and shall defend ait suits, in the
name of the City, its employees, and officers, including but not ilmited to appeliate proceedings, and $ha8 pay all
costs, judgments and atiorneys' fees which may issue thereon. City reserves the right to select its own legal
counsel to conduct any defense in any such proceeding and a!I costs and fees assoctated therewith shaU be the �
responsibi(ity of SuppAer under thls indemnfficafion p�ovision. To the extent cons+dered necessary by the City,
any sums due Supplier under this Contract may be ratained by Clty untlt all of City's claims for fndemnification
have been resolved, and any amount withheld shall not be subJect to the payment of Interest by.City. This
indemnification Contract is separate and apart from, and in no way )imitad by, any insurance provided pursuant
to this Contract or otherwise, This paragraph shall not be construed to require SupplEer to indemnify the City far
its own negligence, or Intentional acts of the City, its agents or empfoyees. . Nothing tn this Contract shafl be
deemed to waive or affect the rights, privileges and immunf�es of the City as set forth in Section ?68.28, Florida
Statutes. ' •
14. Termittation. Giry shafl have the �(ght to terminate thfs Contract, in whole or in part, with or without cause,
or for its convenience, upon five (5) days written notice to Supplier. ►n ths event of termfnation, City shall
compensate the Supplier for alt Product delivered and accepted. Upon termination, this Cbntract shaii have no
further force or effect and the parties shalt be retieved of alt further liabitity, except that the provisions of this
Sectian shall survive terrr�ination of this Contract and remain in full force and effect.
15. Not)ces. Notices requfred hereunder shall be given by written notice sent by registered U.S. mail, retum
receipt requested, or by electronic transmission producing a written record, if to the City, to P.O. Box 3368, West
Paim 8aach, FL 33402, attention: City Administrator, and if to Supp{ier, to khe address set fortt� above.
Odyssey/ Sodium Hypochlorife 060413 � • ,
12816 � 5
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16. Non Discrimination. Supplier shail not discriminate against any person because of race, color, religion,
' sex, gender identfty or expression, genetic fnfarmatian, naiional origin, age, disability, familial status, marital
status or sexaal orientafion. ' .
17. 8matl Bu$iness.. The smail business provisions of the City Code af Ordinances, Ghapter 66, are
incorporated into this Contract by this reference. .
� 18. Assi�nment. This Contract may not be assigned by Suppiier.
19. Force Mateure. Any deadltne provided for in this Gontract may be extended ff the dead)fne is not met
because of one of the following conditions occurrtng with respect to that particular proj�ct or parcel: flre, strike,
explosian, power btackout, earthquake, voicanic action, flood, war, civii disturbances, terrorist acts, hurdcanss
and acts of God. When one of the foregoing conditions interferes with contract pertormance, then the parky
atfected may be excused from pertormance on a day-for-day basis ta tha extent such party's obligations relate
to the perFo�rnance so intertered with; provided, the party so affected shall use reasonable efforts to remedy ar
remove such causes of non-pertormance. The party so affected shall not be entitted to any . additional
compensation by reason of any day-for-day extension.
20. No SolicitaEioh. Supplier warrants that lt has not employed or retained any company or person, other than ,
a bona flde empioyee working solety for Suppfier, to solicit or secure this Contract and that it has not paid ar
agreed to pay any person, company, corpowation, individual, or ffrm, other than a bona �ide ernployee working
soleiy for Supplier, any fee, commission, percentage, gift, or any other consideration confingent upon or
resulting from the award or making of this Contracf. En fhe event of a breach or violation of this provision by
Supplfer, the C1ty shall have the right to termtnate the Contract without liability and, at its discretion, to deduck '
from the Fee, or atherwise recover, the fuli amoun# of such fee, commission, percentage, gift, or conside�ation.
21. Pubti� Entitv Crtmes �Act. Suppfier represents that the execution of this Cantract will nat violate the Pubitc
Entity Crimes Act (Section 287.133, Fiorfda Statutes), and certifies that Sappiier and any subcontractors under
this Contract have not been placed on the eenvicted vendor fist maintalned by the State of Florida Department
of Managemenk Senrices within 36 months from fhe daEe of submitting a proposal for fhis Contract or entering
into this Contract. Vialation of this sectian may result in termination of this Contract and recovery of ail monies
paid, and may resulf tn debarment from the City's competitive procurement activities.
22, Pubiic RecQrds L w, Supplier shatl allow public access to all documents, papers, letters or other material
subject to the provisions of Chapter 119, Florlda Statutes, and made or received by the Supplier in conjunct(on ,
. with thls Contract. Fallure by the Supplier to grant such public access shali be grounds for immediate unilatera!
cancelfation af this Cont�act by the ECR Board. -•
23. Riah�,to Audit. Supp!!er shall mainfain adequate records of the purchase and delivery of Product under '
this Contract for five (5) years following expiration or termination of the Contract or concluston of any litigation
• regarding thls Contract. The City shall have the rfght to audit Supplier's books and records, at the City's �
exp�nse, upon prfor natice, with regard to this Contract. Supplier shall ailow the C1ty or its representative to
{nterview al( cu�rent ar former emplayees to discuss matters pertinent to this Contract. If an audit inspection in
accordance with fhis sect(on discloses overpricing or avercharges (of any nature) by Supplier to the City in �
excess of one-half of une percent (.5°/a) of the total contract bfliings, (1) the reasonable cests of the City's
Intemal Audit department shali be re(mbursed to the Clty by the Supplier; and (2) a 15°h penaity of the •
ove�pricing or overoharges s�all be assessed. Any adjustments andior payments which must be made as a
result of the audit inspection including any interest, audit costs and penaltles shall be made by the Suppller •
within 45 days from presentation of City's findings to Consultant. Failure by Supplier to permft such audit shaq
be grounds for terminatfon of this Contract by the City. .
24. �ovemin� Law, This Contract shall be constn�d and interpreted, and the rights of the parties hereto
determined, in accordance with Florida law without regard to conflicts of law provfsions, The ECR Board and
Suppiier submft fo fhe jurisd(cfion of Ftarida courts and federal courts located in Ftorida. The parties agree that �
proper venue for any suit concerning this Contract shall bs Palm Beach County, Ftorida, or the Federal
Southern District of Florida. Supplier agrees to waive all deFe�ses to any suit filed in Florida based upon
1111pfOp8C V811UB �t' lO�U1J1 /IORQO�V917JBnS. TO ENCOURAOE PROMAT AND EpUkTABLH RHSOLUTION OF ANY LiTIGATION,
Odyssey! Sodium Ffypochlorite 060413 �
12896 � . . 6 '
06/21 /2Q 13 08:12:26 AM
f
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EAC}i PARTY HEREBY WAIVES ITS RIOHTS TO A TRIAL, BY JURY IN ANY LnIGATI�N RELA7ED TO THIS CONTRACT. '�
25. Severabilitv. In the event that any sentence, section, paragraph or portion of tt►is Contract shall be held by
a court to be invalid or unenforceable for any reason, such invatidify or unenforceability shali ,not affect the
remaining portions of this Contraat and the same shall remain in fuii force and effect. � •
26. Waiv r, No waiver of a breach of any provfsion of this Contract shail constitute a waiver of any subsequsnt
breach of the same or any other provision of this Contract, and no waiver shall be effective un[ess made'in
writing. •
27. Ethics; Conflicts of IMerest. Supplier shalt oomp{y with a11 federai, state and {ocai ethics laws and
regulatfons.
28. inspector Generai, Suppfier is aware that the Inspector Generai of Palm Beach County has the authority to ,
� investigate and audit matters relat(ng to the negotiation and perfonnance of this contract, and may demand and
obtain records and testimony from Supplier and its suba�ntractors and lower tier subcontractors. Supptier
undeistands and agrees that in addition to all other remedies and consequences provided by law, the failure of
Supplier or its subcontractor'or luwer tier subcontractors to fully cooperate with the Inspector General wheri
requested may be deemed by the ECR Board to be a materiat breach of this Contract Justifying its kermination.
29. Dis�ital S€anature. The parties to this Contract may agree to execute this Contract, and all subsequent
amendments or modificatlons to it by digitat signature, in acoordance with Ch. 688, Fla. Stat.
30. Entire Contract: Exhibtts: Amendment. Any Exhibits attached to this Contract are incorporated lnto the �
terms and conditions of this Contract. in the event of any conflict between this Contract and any Exhibtts, this
Contract govems. Any addiifonai terms coniained in any Exhibft must be speciffcatly accepted by City. This .
Contract embodies tNe entire Contract and understanding of the parties with respect to the subJect matter of this
Contract and supersede all pr(or and corrtemporaneotas Cankracts and understandings, oral ar written, relating to
the subJect matter. This Contract may only be modifted by writfen amendmerit executed by ihe Cify and
• Supplier.
tN WITNESS WHEREOF, the par#fes hereto have made and executed this Contract as of the day and year �
executed below. -
SUPPLIER: • .
ODYSSEY MANUF CTURING GOMPANY .
' CITY OF WEST PALM BEACH
%��( Q� • By � - Geraldine uoio, Mayor �
Name: l'�i�t1 v�— �y J`�� MG`h
/ �� � �. Date: � //�/ , 2013 .
• Title: « .
Attest: " ~
ity GIer4 . � .
. City Attomey's Office
' Appro�,ed_�o form and legality. • .
' BY���j
�
� Odyssey/ Sodium Hypochlorite 060413 �
12816 ?
06/21 /2013 08:12:26 AM
i
A` °R°° . CERTIFiCATE OF LfABILITY fNSURANCE ��12'��"�
!zi/zo�.a
_ 'THIS CERTlFiCATE IS ISSUED AS A MAT7ER dF INFORMATtON ONLY AND. CONRERS NO RIf3HT3 UPON 7HE CERTIFICATB HOLOER: THIS
�CERT(FICATE DOES NOT AFFI�tAAATIVELY OR NHGATIVELY AMEND, EXYEND�OR ALTER TFtE COVERAGE AFFORDED Blf THH POLICIES
• BELOW. THlS• CERTtFtCATE OF INSURANCE DOES NOT CONS7tTUTE A CONTRACT BETWEEN THE iSSUING �INSURER{S), AUTHORlZED
-FtEPRESENTATiVE OR PRODUCER, AND THE CERTIFICATE HOLDER. �• � .' .
IMPORTANT: tt the cetttflcate holder is an ADDi710NA1. INSURED, the poUcy(t�) must be endorsed. If SUBROf3ATlON f3 WAIVED, subject to -
the terms and conditians of the poliey, certain•paltcles may requi�e an endarsement. A statement on thJs ceHiiicata does not confer hghts to the
eeKlflcate hoider in Neu of such andanemen s. •� � •
. PROOUCER ' ' � � Sonja Waters - . '
Stah7. 6 Asaooiates Inauranae, Znc.' � ,(727) 891-9791 , ��a»ssa-sszs .
110 Carillon Parkway ' '�^ .son3a.waters@stahlinsurance.com
' • INSURE 9 AFFORDING COV�ItA06 NAIC Y .
3�.. Petexsburg � FL 33?16 ' u�s�ReRa Westahester Su lns Lines Ins 0172
' INSURED • , � ' w � B oe Fire Underwritera Iris Co 0702
Odysaey Manufaaturing Co. ' su c Inswranae Com an � 3269 .
1984 Massaro Blvd • . p� �; .
. ' INSU
Tam a � • ,� F7, 33619 •• s nertF� � •
COVERAGES CERTIFICATE NUMBER:CT+12122016474 REHISION NUMBER:
-- THIS IS t0 CERTI�Y 7HAT THE POLIC►ES OF INSURANCE I:tSTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POl1CY PHRIOD ,. .
MDICATED. NOTV1flTHSTAMDING ANY REQUIREMENT, TfRM OR CONpIT10N OF ANY CONTRACT OR OTHER �OCUMEN7' Wl7H RESPEC7 TO VIMICH THIS •
CERTt�ICAFE MAY BE ISSUED OR MAY PERTRtN, THE IMSURANCE AFFOROED BY THE POLICJES DH3CRIBEp HEREIN 13 SUBJECT TO ALl 1'HE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCM pOLICIE3. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ' • .�
I SR TypE0FIN8URANCB 8E C F Y u � ' ,
QE �� . .� . FACH OCCURRENCE' S 1, 000, 000
X coMMeRdn�c��wu.un&urv • _ ' 50,000
A CIAIMS-INADE ❑X OCCUR 2d092975 0/1(2012 ; 0/1/2013 MEDEXP one i 5,OQ0
• r�RSOxv.aAOVIN,wRY S. 1,000;000
, •' GENERAIACGY3REOATE s 2, 000, 000
GEN'LA06REGATELIMITAPPLIE9PER: � PRODUCTS•COMPIOPAGO S 2�OOO •
3C POLtCY PR LOC ' i . .
1 AuTOMO81u;uA81uTY ' ' ' ! 1 QOU •OOU
� �i
� 7� p,NypN'p . BOWLYINJURY(Perperaon) S
A �� �� A�D��p 08450977 0/1/2012 Q/1/2013 gpp��YINJl1RY�PeraocideN) S'
x 1�9RED AUiO3 X q • � . � E S
. ' , • a .
UMBRElLA LIAB p��R . .
. . . . _ . . ..... . .. . .. . ... _ . .. , eacn occuR� ' a 5, 000, 000 _ _.
A }[ IXCE89 LlA9 � �g,�pppE , .. ' Al3aREpATE � S 5� 000 � 0 00
� pn��s • 24092987 0/1/2012 0/1/2013 • . • '
C WORKERSCOMPENBAZION x A T!i- •
ANDEMpL0YER9'UABILITY ' ' .
ANY PROPRlEfOA/NAItTN�CUTiV6 Y � N E.L EAqi ACqDENT S 1 OOO OQO
OFFICERlMEMBER EXCIUDED? � N/A
(hlandatorylnNH) 066828609 /1/2013 /1/201i ELp�S�E-EAfiMPLOYE S 1'000 000
�ac Ri�o�w oF �orerunoNS oe�ow ' e as�ns • aoucv utiar a 1 000 000 �
A$olltition Li8bility c24092999 ' oJt/2oi2 0/iJ2019 p�,
$1,OOO,U00
Ded $25,000 Ea Poli Cond. � . •
�ESCWPTION OF OP£N/1TIOM3 / LOCATIONS / VEHICI.83 �Attach ACORD 10�, Add�tMnU Remarks 3cheUUle, it mare ap�ce is requirod) , �
Certificate holder is listed as as additional insuzed:' • •
CERTIFtCATE HOI.DER � � ' ' CANCELLATION � ' • '
• 3H041.D ANY OF THE A90V8 DHSCRIBEA pOLtC183 BE CANCELLED BEFOR@
, ' , ' ' - . ' 7H8 �J(PIRATION DATE THERHOF, NOTICB' WILL� 8� DBLNBRED 1N
ACCORDANCE Wl7H THB POLICY PROVIStON9: '
' Cit�y of" Ales't• Palm 9eaah ' ' ' . ' •• , •
Engineering"Servicea Department
} PO BOX 3366 � • - autFwwzen�raesewrarne . . ..
� West Pa1m Heach, FL 33A02 ' �. • . ' •
• • ' � Kelly Petzold/�PATERS �'�d � P�''' . •
ACQRD 2S (201U O6} ' � �31988-2010 ACORD CORPORATION. All rights reserved.
1NS025 (MtIMY51 M ' Tho A(:f1RPf namea anrl Innn �ru ronietorar! marlre �f A(:f1Rr1 � , '
� � ` � � � - � 06/21 i2013 08:12:26 AM
RESOLUTIOAI NO. 24-15
A RESOLUTION OF THE VII�LAGE COUNCIL OF THE VII�LAGE OF
TEQUE5TA, FI..URIDA, AUTHORiZING PIGGYBACIQNG TSE
CONTRACT BETWEEN ODYSSEY MANUFACTURIlITG COMPANY
AND TSE CITY OF WEST PALM BEACH FOR 'I'SE PURCHASE �F
SUDIUM HYPOCHI.ORITE AT THE PRICE OF �0.65 PER GALLON
PRUVIDING FOR SEVERABILITY; PROVIDING AN EFFECTNE
DATE; AND FOR OTHER PURPOSES.
WHEREAS, pricing is piggybacked on the City af West Palm Be�ch Cont�act
No.12816;
WHEREAS, dris good/service was pr�d with the same level of formality as
the Villag�e would have otherwise requued in its Purchasing Policies and
Pracedures;
WHEREAS, a copy of the agreement is attached to this Resolu�ion;
WI�REA3, this contract will expire on October ?A, 2015;
NOW, THEREFORE, BE TI' RESOLVED BY THE VILLAGE COUNCIL OF THE
VII.LAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
_ an 1 Resolution No. 24-15 is hereby approve� awarding a blanket ptmchase
ord� to Odyssey Manufacturing Company for the purchsse of sodium hypochloritie ai �e
price of �0.65 per gallon;
5ection 2 This Resolution shall become effective i�iately upon pessagc.
RESQLUTI�N
24-15
MOTION SECOND
Council Member Steve Okun Council Member Frank D'Ambra
VOTE
FOR ADOPTION AGAINST ADOPTION
Mayar Abby Brennan � �
Vice-Mayar Vince Arena 0 ❑
Council Member Steve �kun � [�
Council Member Tom'Paterno [� 0
Council Member Frank D'Ambra � �
The Mayar thereupon declared the Resolution duly passed and adopted on OS-14-2015
MAYOR OF TEQUESTA
igail nn
ATTEST:
• � ` ti'�tisuur�ju:�ea�,, ,,
Lori McWiliiams, M� O ' ��;
Viltage Clerk ::' j t� ��:`''"� �
;—�i: ti� 9 �� �: .
, �,�:�j �'��,9,�� ma,�r:
� � F� .
- �a�``X F9�, •'' ,.-'
. ,
.�t.�flj�,iQ,;,,.
