HomeMy WebLinkAboutDocumentation_Regular_Tab 13_06/08/2017 �� I
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Comprehensive Analysis
Utilities Department
To: Michael Couzzo, Village Manager
From: Sam Heady, Deputy Director of Utilities
Date: 5/18/17
Subject: Continuation of Contract for Sodium Hypochlorite
I respectfuily present the following Comprehensive Analysis to the Village Manager.
The Village of Tequesta has an existing annual contract to purchase Sodium Hypochlorite from
Odyssey Manufacturing.
The Utility would like to continue the annual contract to purchasing the Sodium Hypochlorite
until the contract expires on June 18, 2018.
The cost for the chemical is: $55,000
ADDENDUM TO THE CONTRACT FOR PURCHASE OF CHEMlCALS BETWEEN
OD1fSS�lt MANUFACTURING COMPANY AND THE VILl.AGE�F TEQUESTA
THIS ADDENDUM is meant to supplement 1he "Contract for Purchase of Chemicals"
between Odyssey Manufaduring Company and ihe �Ilage of Tequesta, based on the City of
West Pafm Beach Conb�act 12816, Amendment No. 12816.001 artd reoent Amendment No.
� 92816.002 dated April 28,2017.
. Paragraph 1 of the CONTRACT FOR PURCHASE OF CHEMlCALS is amended to extend �
the terir�of tl�agreement for an additional year,as follows: .
"'The term of the Contract is hereby renewed for an additionaf 1 year period(Fnal Renewa!Tetm)
expiring June 18,2018.Renewal terms and cond�ions and rates shall be the same as the original �
� Contract.° �
IN WITNESS WHEREOF,the Partiss hereto have executed this Addendum in c�onjuncdon
with the Acxeptanoe of the Bk!Proposal.
ODYSSEY MANUFACTURING COMPANY
19 u���__1_
����, �. ����„�
(corporate sealj �eV�►Ia! ��� 1
VILLAGE OF TEQUESTA
By: �
I..ori McWilliams, MMC
�Ilage Clerk
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 competitively bid by another governmental agency(i.e. "Piggyback").
*Revised April 19,2017
Department: Water Treatment Plant Date: 5/15/2017
Item/Service Purchase of Sodium Hypochlorite
Vendor/Service Provider Odyssey Manufacturing Company
❑ State Contract# � Other Governmental Agency
*Chapter 287, F.S.
YES NO
Is the contract current?Effective date: 4/28/17 Expiration Date: � ❑
1 6/18/2018
If piggybacking a State Contract please stop here.
Other Governmental
2 Agency City of West Palm Beach Contract 12816,Amendment 12186.002
YES NO
0 ❑
3 Was item/service bid out in compliance with the Village's Purchasing Policies&Procedures?
Is the price that the Village will receive by piggybacking equal to the price obtained by the agency 0 ❑
4 named above?
a ❑
5 Has the governmental agency given the Village permission to piggyback on the the contract?
U ❑
6 Has the vendor given the Village permission to piggyback on the contract?
Department Head Signature Date
Janet McCorkle
From: Samuel Heady
Sent: Thursday, May 11, 2017 12:57 PM
To: NUrcheck@wpb.org
Cc: Janet McCorkle; Keith Davis
Subject: RE: FW:Sodium Hypochlorite Contract finai renewal
Thank you!
Sam Heady
Deputy Director of Utilities
The Village of Tequesta, FL
Cell: 561-722-1167
Email: sheady�tequesta.orq
Plect.se �7vtc� that Flori�lu hus cr ��e��•brouc/ptthlic i•ec�orcl.s lc�tir.
If1CO3)�111�T L't71t7tIS Cil'C'.f1Ii�1•ec11��'�71CI4 iy1C11�CIC'lay 1'C'CL'l�)/.
TI11S C011liltllillCQllOJ? (1)1CIIICIIII,�)'01l1'C'171t!!�UI�C�I'C'SS.CIl71'QIICICIIJN8J715' Cl11C"I O�J1C'1'C 171Cl1I COJ11L'f11S�
rna}�be.+�irhjc�et!n c(i.sclosw•e Iv tlte�tihlic u1�cf�»ediu.
From: NUrcheck@wpb.org [mailto:NUrcheck@wpb.org)
Sent:Thursday, May 11,2017 12:15 PM
To:Samuel Heady<sheady@tequesta.org>
Subject: Re: FW:Sodium Hypochlorite Contract final renewal
Hi Sam --That contract will expire June 18, 201 S. The Village of Tequesta
may continue to piggyback that contract until its expiration on that date.
Nancy D. Urcheck
Deputy City Attorney
City of West Palm Beach
401 Clematis Street
West Palm Beach, FL 33401
5b1/ 822-1365
nurcheck�wpb.or�
*Under Florida law, email conununications may be subject to disclosure.
i
C�Y'S t�RIG�NAC
Contract Ptame Contract for Purchass of Chemicals
Contract Date June 18,2013
AMENDMENT NO 2
� O�� Tertn Extensron
CoMract No 9281
THIS AMENDAAENT Na 2(Ame�tdment) � eniered �nto by and between the CITY OF WEST PALAA
BEACH{"Cdy)and ODYSSEY AAANUFACTURING COMPANY(Contractar)
WHEREAS the part�es desire to renew the Contrad descx�bed above and�n c�ns�derabon of the foregang
rec�als tl�mutual covenants conta�ned here�n and fw other good and valuable consideratwn the�eae�pt and
suffa�ertcy of which are hereby adcnawledged lhe Cdy and CoMract�heteby ag�e as folllo�ws
1 Te � The term of the Contrad�s hereby renewed for an add�t�onal 1 year penod(Final Renewal Term)
expmng June 18.Z018 Renewal terms condfions and rates shall be the same as the ong�nal Contract
2 Insaector General The followmg prov�s�n rs added to the Contract Contractor is aware tF�at the(nspectoc
General of Palm Bea�h County t�s the aWhoMy to�nvestrgate arid aud�t matt�s relaUng to tlte negotiatron and
performar�e of Mis Contract and may demand and obtain records and t�tanany from the Contractar and ds
. suboantractors and lower der subcontradors Ca�tractor �derstands and agrees that in add� to all other
remed►es and conseque�es provi�Ci by law the fadure of Contractar or ds subcontractor or iawer t�er
subco�actors to fully coaperate with the tnspecbor General when requested may be deemed by ihe City to be a
I matenai breach of th�s Contcact�ust�fymg ds termma�on
3 Effect of M�endment Except to the extent the Contract is mod�d by th�s Amendment the terms and
� prov�s�ons of the Contract shall remsm unmodified and in full force and effect In the eveM af a confl�ct betvveen the
terms of the Contract as may be prev�ously amended and the terms of th�s Amendment the temis of this
Arnendment shali govem and preva�l
Contractor CITY OF WEST PAl.M BEACH
ODYSSkY MANUFACTURIN(i COMPANY
By
� Geraldine uoto
Pru�t Name �
Tdle ��1,Ma�a� /U 1�+[-rr Ari
Cdy C
p� � g 2017
CITY ATTO NEY S OfFICE
Approved e,fppn and legaldy
� pJ'l.�
I
C�tract Re�exral.Gerteral KRNVUGEN T010112
04/2812017 02:26:58 pm
Contract Name: Contract for Purchase of Chemicals ���
Conkract Date:June 19,2413 �
AMENDMENT N0.1
Term Exiension
Contract No.12816.nU i
THIS AMENDMENT No. 1 (�Amendment') is entered into by and between the CITY OF WEST PALM
BEACH("City"}and ODYSSEY MANUFACTURtNG C�MPANY{"Contractor"}.
WHEREAS, the parties desire to renew the Contract desc�ibed above,and in consideration of the foregoing
recitals, the mutual covenants contained herein, and for other good and va(uable consideration, the receipt and
sufficiency of which are hereby acknawledged,the City and Contractor hereby agree as follows:
1. Term. The term of the Contract is hereby renewed for an additional 7 year period{"1 S' Renewal Term"),
expiring June 18.2017. Renewal terms, conditions and rates shail be the same as the original Coniract.
2. Inspector General.The following provision is added to the Contract:"Contractor is aware that the Inspector
General of Palm Beach County has the authflrity to investigate and audit makters relating to the negotiation and
performance of this Contract, and may demand and obtain records and testimony from the Contractor and its
subcontractors and lower tier subcontractors. Contractor understands and agrees that in addition to all other
remedies and consequences provided by law, the failure of Contractor or its subcontractor or lowe� tier
subcontractors to fully cooperate with the Inspector General when requested may be deemed by the City to be a
material breach of this Contract justifying its termination."
3. Effect of Amendment. Except to the extent the Contract is modified by this Rmendmenk, the terms and
provisions of the Contract shall remain unmodi�ed and in full force and effect. In the event of a conflict between the
terms of the Contract, as may be pre�iously amended and the terms of this Arnendment, the terms of this
Amendment shall govern and prevail.
Contractor: CITY OF WEST PALM BEACH
ODYSSEY MANUFACTURING M ANY
�
� By. - ��_ .
Geral ine uoio, Mayor
Print Name: �11 �U1 f E� L S
Title: � j� �� �i C� ( � )�-- Attest� `�s�+:��`�`�".-�
City Clerk
Dated: -�����J , 2016
CIl Y ATT RNEY'S OFFICE
Appro�e t form and legality
By: -
1
Contract Renewal-General KRNWGEN T010112
VILLAGE OF TEQUESTA
C,ONTRACT FQR PURCHASE OF CHEMICAL3
TH1S CONTRACT is cntened into, and effc�tive, this � day of June, 201b, by and
between lhe Vll.LAGE UF TEQU�STA,N I.ORIDA,a munici}�aI corporatian with af�'ices located
at 345 Tcqucsta Drive, Tequesta, Florida 33469, organized sud existing in accordance with the
laws of the State af Florida, hereinafter "Viltage"; and ODYSS�Y MANiJFACTUR�NG
COAqPAI�Y, a Florida c:orpnruticm with ol7ic�s Icx;ated at 14$4 Massaro Blvd., Tampa, Flarida
33619,hercinafter"Contractar".
WITNESSETH
The Village and the Contractor,in consideration of the mutual covenants contained herein
and for athcr good and valuablc consideration, the receipt and sufficiency of which is hcrcby
acknowledged by both parties, hereby agrcc as follows:
1. SCOPE OF SERV��FS: The Village and the Contractar both hereby agree W
cntcr inta this Contract far Purchase af Chemicals,vwhereby the Cantractor shall provide Ultra
Chlor 12.5%sodium hypochloritc(thc"Yroduct")for the Villa�c's ntility department. Pursuant to
the Cantraetor's 141ay 30, 2016 correspondence, attached hereto as Exhibit A, the Village is
authorizcd to piggyback ihrough June 18,2417,on the Contractor's current contract with the City
of West Palm Beach,Contract No. 12816,as amcndcd,which was originally procured by the City
of West Palm Beach in accordance with procedures that camply with the Village's pmcurement
requirements,and as extended by City of West Patm Beach Contract Amendment No. 12816.OU1.
City of Vuest Palm Bcach, Contract No. 12816, as amended by Amendmeat No. 12816.001 are
attached hereto as Exhibit�3 and are hereby inc�rporatsd into this Contract as if fully set farth.
2. CUMPENSATIUN: Pursuant to Hxhibit B, and in consideration for the above
Scapc of Services,pricing is as follows:
Sodium Hypochloritc—Full tankcr(5,400 gals.) - $.655 per gallon includin�transportstian and
delivery.
Scx�ium Hypochlorite—Less Than Full '1'anker - $.725 per gallon inciuding transportation and
dclivcry.
The Village shall pay the CantracWr after receipt of the Product,amd within forty Gve{45)days of
Page 1 of 4
reccipt af an invoice documenting the�unount due,in accordauce with Exhibit B.
3. 1NSURAI�CE AND�1I3EMNIF'ICA770Y: Thc G�ntractor shall pmvide proof
ol'warkman's compensation insuranc�and liabiliry insurAnce in such atnount�as are spccificd on
Cxhibit B, shall name the Village as an "�dditional insurcd" on the liability portion of the
insurance policy. The Cantractor shall at all timcs indemnify, defend and hald h�rmleas the
Village, its agcnts, scrvantc, and employees, from and �ainst any claim, demand or eause of
aciion of whatsoever kind or nature, arising out oF crror, amission, negligent act, conduct, or
misconduct of the Contraetor, hi�/her agents, servants, ar e�nploye�s iu the performance af
services undcr this Contract.
4. PUBLIC ENTITICS CRIMES ACT: As providcd in Sec.287.132-133,Florida
Statues, by entering into this Contract or perfomiing any work in furtherance hereaf, the
Contractar certifies ihat il, ils a1T'iliates, suppliers, subcantracton and ccrosultants who will
perform hereunder,ha.ve nol baen placed nn the con�icted Vendor list maintained by the Siale of
Flnrida Departincnt of Managcmcnt Services within thirly-siuc{35)months i�mmediately preceding
the date hereof. This notice is required by Sec.287.133(3)(a},Ftorida Statutes.
5. TERViiNATiON; NOTICE: This Contract may bc terminated by either party
upon�ive(S}days written nnticc to the other pariy, in accordance with Exhibit B. ?�Tatice shall be
cansidcrcd suffieicnt whcn sent by certified mail or hattd delivered to the partics at thc follo�ving
addresses:
Villagc Contrdctor
Village of Tequesta O�yssey Manufacn�ring Co.
345 Tequesta Drive ]484 Massaro Bivd.
Tequesta,Florida 33469 Tampa,Fl�rida 33b 19
Attu: Director of Utilities Attn:Patrick Allman General Manager
G. INDEPENDENT CO�ITRACTOR: It is specifically u�clerstocx] that the
Contrdctc�r is an independent contractor and nnt an employee of the Village. Boih lhe Village and
the Contractor agrcc that this Contract is not a contract for emplayment and that no rclatianship of
EmploycefEmployer ar Principal/Agent is or shall be creatcd hcrcby nor shall hereafter exist by
reason of the performance of the services herein provided.
7. ATTORI�IEY'S FEES: in thc cvcnt a dispute arises conceming this Contrac;t,thc
Pagc 2 of 4
prevailing party shAll be atvarded attoraey's fees,including fees on appeal.
S. CHOICE QF LAW: VENUE: This Contract shall be governed an�ccrnstrued in
accordance with the iaws of the Statc af Florida,and vcnuc shall bc in Palm Bcach County should
any dispute arise with regard to same.
9. AME�'DMENTS AND ASSIGNMENTS: This Coatract, aU Exbibits attached
hereto,and required insurance certificates constitute the entire Contract between both parties;no
modificetions shall be made to this Contract unless in writimg, agreed to by �th parties, and
attached hereto as an addendum to this Contract. The Contractar shalt not transfer or assign the
performance of services called for in the Contract without prior wriuen consent of the Village.
10. INSPECTUR GENERAL: Pursuant tn Ariicle XII of the Palm Beach Cnvnty
Charter, the Office af the Inspector General has jwisdiction to investigate rnunicipal matters,
review xnd audit municipal c�ntracts and nther transactions, and make reporls and
recommcndations to municipal go�erninb bodies based on such audits,reviews or investigations.
AII parties doing busincss with thc Villagc shall fiilly cooperatc with thc inspcctor gcncral in thc
exercise of the inspector general's functions,authority and power. The inspecwr general has the
power to take swom statements, require the production of rec;ords and to audit, m�nitor,
invcstigatc and inspcct thc activiti� of thc Village, as wcll as contrsctars and lobbyisLS �f the
Village in order to detect,deter,prevent and eradicate fraud, waste,mismanagement,misconduct
and abuses.
ll. PUBLIC RECORDS: In accordance with Sec. 119.0701, Florida Statutes,
Contractar must kc;cp and maintain this Contract and any othcr rccords as.gociatcd thcrewith and
that are associa�d with the performance of the work described in the Scope of Services. Upon
request,Contractor must provide the public with access to such records in accordance with access
and cost rcquircments of Cha��ter 119,Florida Statutes. Futther,Contractor shall ensure that any
exempt or confidential records associated with this Contract or associated with thc performance�f
the worlc described in the Scope of Services are not disclosed except as authorized by law. Finally,
Contractor shall retain the recorcls deseribed in tliis paragraph tl�roughout the performance of the
work describcd in the Scope of Services, and at ihe conctusion nf said work and upon r�quest,
transfer to the Village,at no cost to the Village, all such rcc�rds in the possession of Contractor
and destroy any duplicates thereof. Records that are stored electronically must be transferred to
Pagc 3 of 4
die Village in a forrnat tl�at is comnatiblc��ith the Villa�c's infbnnatiou technolog��systems.
I� V1'I7'NF SS '�VHEREOF, the parties hzret�have executed this C:ontract the date and
ycar first abo4•e written.
VIII'I'N�SSLS: ODYSSE�'1VI.A�GFa►CTURING CO.
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Pa ick Allman,General Manager
�'��.C,(`:�--�.,, /"����.,`L;Lc'�,t__-- (t;orporatcScal)
ViLLACC OI'TLQU�S �i
ATTEST: Abigaii ennan,M yror
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Lori Mc��illiams,MMC ;�C't�Q.p�R4T�;•F`S
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•.,,,, CON7RACT FOR PURCHASE OF CHEMICALS I
' i
Contract No. 12816 '
Supplier. ODYSSEY MANUFACTURING COMPANY
Supplier Address_ 1484 Massaro Blvd. �
. Tampa,FL 33619
Contact: Patrick Allman
Email: pallman@odysseymanufacturing.com
Telephone:, 813-635-0339 Cell:$13-335-3444 �
, Supplier FEIN# 65-0846345 '
7HIS CONTRACT Is made by and between the CITY OF WEST'PALM BEACH, 401 Clematis 5treet, West
Palm Beach, FL 33401 ("City")and the SUPPLIER identifed above.
1. Product. -
1.1 Product Purchased: Sodium Hypochlorite{"Product")
1.2 Product Speciflcations: .
a) 7he Product shall compiy with American Water Works Association Standard 8300-10 and National '
� Sanitation Foundation Standard 60, or the most recent 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
chlorine (i,e„ 12.0 Trade Percent). • .
c) Product del(vered under this Contract shall have a minimum of 0.15 percent by weight sodlum
. hydroxide and a maximum of 0.45 weight percent sodium hydroxide. �
d) Product delivered under this Contract shall meet the foliowing containment concentration limits:
Iron<0.3 mglL
Copper<0.03 mglL
Niokel<0,03 mg/L
Chlorate<1,500 mg/L
Brotnate<20 mg/L .
, , Perchlorate<20 mg/L
Filter Test Time(1000 ml}<3 minutes
e) 5ampling and testing shaB be in acco�dance with the documents titled: "The Weight Peroent
Determination of Sodium Hypochlorlte, Sodium Hydroxlde, And Sodium Chlorate in Liquid Bleach"
and "Suspended Solids Quality Test ior 8leach Using Vacuum Filtration", diskributed by Powell
• Fabrication and Manufacturing, Inc. and available at http://www.powellfab.com. -
2, Order Placement. �
2.1 Product will be ordered using City purchase orders on an"as-needed" basis for the term of this
Contract. The terms of this Contract are incorporated into all purchase orders issued under this Contract. .
Odyssey/Sodium Hypochlorite 060413 �
12816 � 1 '
� 06/21/2013 08:12:26 AM �
2.2 Each purchase order will contain the foilowing information: the indivldual 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 Supplier's office. .
2.4 Back-orders shall be made known t�the City at time of order placement.
' 2.5 7he City makes no representations or guarantee regarding the quantities of Product to be
purchased under this Contract and reserves the right to vary ali quantities of the Product. •
- 2.6 A tanker will be considered to be 5,400 gailons.
2.7 7his is a non-exclusive contr�ct,and the City reserves the right to purchase Product irom oiher
. suppliers during the term of this Contract.
2.8 The Supplier will deliver ordered Product to the City on a "flrst priority" basis after an
emergency,d(saster,hurricane,flood or Act of God or other situation that threatens the public health.
3. Shipalnq;Deliverv.
3.1 Supplier shail deliver the Product to the location specified in the Purchase Order. The Supplisr
shall deliVer the Product not more than 2 calendar days after receipt of telephoned, faxed or written Purchase •
Order us�less such time is extended, in writing,by the Cfty. Any deviafions from the requested delivery shall be
communicated to the City at the time of ordering. Tfine is of the essence with respect to this Contract and
delivery. In the event Supplier fails to deliver the Product within the specified time,City may cancel this Contraci
and purchase elsewhere without liability for damages for breaoh of contract, lost profits, or any other damages
claim.
3.2 Regular truck delivery of Product shall be scheduled to arrfve at appropriate designated
destinatfon between 8:00 a.m. and 3:00 p.m. EST, Monday through Friday, exciuding legal holidays, unless
otherwise arranged by the Cfty. If a contract hauler is utiUzed by the Supplier,.the City wlli not be responsible for
any charges if delivery is attempted or made at any other times. '
3.3 All transportation equipment shal{ be thoroughiy cleah and free from scale and other foreign
matter, Defective tank trucks from which Product cannat be withdrawn because of defective valves, pumps,
viscosity or other reasons, shall be rejected and shall be retumed at Supplier's expense. Any changes required
on the existing equipment shall be the responsibility of the Suppl(er and all costs for these modifications shall be
bome by the Supplier,
3.4 When applicable, delivery trucks shall be equipped with pumps or compressors capable of
offloading the Product to storage tanks or appropriate facilities.
' 3.5 When applicable, Supplier shall ensure the capability to hook up to City tank loading
attachments for camiock fitting of 6"and 8"slzes and tank capacity of 5,000 gallons.
3,6 Shipments shall bearwarning labels as specified by USDOT regulations.
3.7 Supplier shall include the current Material Safety Data Sheet(MSDS) along with each dellvery
of the Product.
3.8 A!I shipment and deliveries shall be accompanied by a packing list ar bill of lading containing, at
a minimum,a description of the Product and the quantity delivered. .
3.9 Suppiier shail ensure that the product shipped fs in the correct quaniity and meets all
Specifications,•purchase order and order release. Defiveries which do not meet these requirements may be
rejected and returned to the Suppller at the Supplier's expense.
3.10 Deliveries shall conform to the City's Bulk Chemical Receiving and Off-Loading Policy, and
Supplier agrees to complete•the City's Buik Chemical Receiving/Off-Loading Authorization,
, 3.11 The Product delivered must be In accordance with the Hazardous Waste Act and have low
toxiclty wifh respect to contact with the skin and eyes and to acctdentai ingestion. Product must have no
objectionabie odor incidental to handling. Supplier must furnish fo the City, any and all firs't aid or other
suggested medicai treatment procedures for the Product.
Odyssey/Sodium Hypochlor�te 06Q413 . . '.
12816 Z �
06/21/2013 08:12:26 AM
i
, , ' . �
3.12 Supplier shall be responsible for clean-up of any spills. When appiicabie, Supplier shall be
responsible for proper,as determined by the City,on-site disposal of residue prior to initial delivery.
3.13 All Product and transportat(on and delivery provided shal� be in compliance with all applicable �
laws,regulations,codes and standards of the City, Palm Beach County,State of Florida,Florida Departments of
Commerce and Transportation, American Water Works Association (AWWA), American Natlonal Standards
Institute (ANSI), the Occupational Safety and Heafth Act of 1970 (OSHA), In add(tion,fhe National San(tation
Foundation (NSF) certiflcation required by the Environmental Protection Agency, Florida Department of
Environmental Protection or Palm Beach County Health Unit shall be met.
4. Acceatance.
4.1 "Acceptance" as used means the acceptance by the City after City has, by inspectfon or test of •
Product, determined that the Product.fully comply wfth specifications.
4.2 City is only obfiged to pertorrn a commercial and sensorial examination of the delivered Product
upon delivery. City will notify Supplier in writing within seven days of delivery of Product if: .
(a)does not meet the specifications identified in this Contract;
(b)deviates from the quantity purchased;
(c}appears to be cantaminated;
(d) is delivered in transportation equipment or packaging which is di�ty, damaged or not
appropriately marked;
• (e)is deiivered with incorrect documentation.
4.3 City shali not pay for shortages in quantity of Product delivered.
4.4 If any shipment of Product is proven to be below the quality required by the specifications, the
City reserves the right to reJect that shipment. The Supplier, at the Supplier's own expense, shal! remove the
�ejected Product. The Supplier shail then immediately replace the rejected Product with satisfactory Product or
credit the City wlth the full dellvery price of the rejected Product, .
4.5 Ciry reserves the right to have any shipment of Product inspected and tested. If the Product
does not meet the requirements of the specifications or if any of the City facilities are damaged as a result of
impurities in the Product, the SuppUer shall refmburse the City for the costs of any repair, maintenance or
replacement resulting therefrom. •
5. Emerc�;ncies or Problems. If, in the sole opinion of the City, an emergency exists, Suppiier shall be .
required to provide technical assisiance within iwenfy-four (24) hours of notification. Supplier shall have a
qualified technicai service representative residfng in the State of Florida throughout ihe term of the Contract or
' , otherwise guarantee twenty-four(24) hour an-site assistance,
6, Clean Tank Guarantee, At any time during the pertormanee of this Contract, if City has any sort of sludge
or other impurity buildup in any of its sodium hypochlorite tanks, Suppller shall clean out the tank at no charge ta
Gity wlthin seven(7)calendar days, unless such timeframe is extended by City. The cleanout should be done in
such a manner so that it is dane safely with no loss of disinfectton to the affected planY and the contents
disposed of in accordance wkh current regulations on disposal of hazardous wastes. Supplier shail submft a
procedure to the City for the approval prior to this work.being commenced. The determinafion of whether there
Is any such sludge or impurity buildup in the tanks will be at the sole.discretion of the City.When fhe tank has
been pr�perly cleaned, Supplier shall refEfl the tank with clean, fresh Product at no cost to City. Failure of the
Supplier to clean out the tank and replace the Product pursuant to this section shall be cause for termination of
this Contract by City elsewhere without liability for damages for breach of contract, lost profits, or any other
damages ciaim..
7. Prices,
7.1 Prices.
Sodium Hypochlorite—Full Tanker(b,400 gals,) $0.655 per gallon including transportation&delivery
Sodiurn Hypachlorite—Less than Fuli Tanker 50.725 per gailon ircludirg transporta;lon&de�ivery
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7.2 •Prices include'fre(ght from the source of supply to destination, and shaif include delivery to the
designated location. Prices are F.O.B. delivery point. The City will not be charged any additional delivery
charges nor any drum or container deposit.
7.3 PriCe AdJustments (t!p or pown). At the beginning of each year of the initfai term and at the
commencement of each year of any contract extension pertiods,the City may consider a single annuai price adustment to
the unit price of each kem based on 1he U.S. Department of Labor, Bureau of Labar Statlstics,Consumer Price Index(CPI-
U,All Items,Not Seasonaily Ad)usted(NSA).The websiie is h�:/lwww.bls.qo'v/cai/home,him. Af the City's sole discretion,
the annual edjustment shall be calculated by using the apprapriate annual percentage as provided by the Bureau of iabor
Statistics not more than 120 days nor less than 30 days prior to the flrst day af each one year period of this Contract. Pdces
may adjusted upward or downward based on the CPI.
8. Invoices, Invoices must identify the City's purchase order number, delivery date, quantiry, product �
description, price and Supplter's unique invoice number. Invoices must be accompanied by the certifled weight �
ticket for Product delivered to the Water Treatment Plant or Water Reclamation Facility. Invoices shall be
submitted to: West Palm Beach Finance Department, , ,
" Attn:Accounts Payable
P.O.Box 3366_
• West Palm Beach, FL 33402-3366. �
` 9. Pavment. City will make payment after Product has bee� received, accepted and properly invoiced.
Payment will be made within 45 days of receipt of a proper invoice in accordance with the Local Govemment
Prompt Payment Act, Section 218.70, et al., Fiorida Statutes. No payment made under thls Contract shall be
construed to be an acceptance of Produci or to relieve Supplier of liability for Product which does not comp{y to
the specification and requirements of this Cnntract.
10. Term. ` .
10.1 Term. This Contract shalE commence on the date of execution by the City(City shall execute
last)and shall continue and remain in full force and effect for three(3)years,unless terminated earlier.
10.2 Extension Ootion. The City may extend this contract for two(2} additional one(1)year periods
at the same terms, conditions and prices, upon mutua! Contract of both parties. If the Suppifer cannot renew at
these same terms, condiiions and prices, Supplier must notify City on/or before 90 days prior to contract
expiration.
-11. �ulv Licensed. Suppiier represents that it is duly iicensed to perform the Services under this Contract and
that it will continue to malntain all licenses and approvals required to conduct its business.
12. Insurance. Supplier shall purchase from and maintain during the term of the Services, and all applicable
' statutes of limitation periods,the foilowing insurance; '
(a) Comprehensive General Liabiliry insurance in the mfnimum amount of$1,000,000 combined
single limit per occurrence and $2,OQ0,000 aggregate for bodily injury and property damage
liability tor olaims for damages for badi(y and personaf inJury,inciuding death, as well as claims
of property damages which may arise from any operations under this Contract, whether such
operations'be by the Supplier or by anyone directly or indirectly employed by the Supplier, and
must incfude Products/Completed Operatfons Hazard. This coverage may not be subject to a
self-insured retention or deductible exceeding$25,000;a�d
(b) Worker's Compensation and Employer's Liability Insurar►ce wlth limits of Employer's
Liability Insurance not less than $1,000,000.00"each accident,"$1,000,000.00 "disease polfcy
limit,"and$1,Od0,000.00"disease each empioyee."
(c) Automobile Liabitity; Not less than $2,000,000.00 for inJuries per person In any one accident or
occurrence and $2,OQ0,000.00 in the aggregate for injuries per occurrence or accident, wlth
$1,000,000.00 for property damage fn any one accident or occurrence. May not be subject to a
sal�-insured ratention or daductfbla e;cceading�10,OOC.
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(d) Pollution Liability occurrence based pollcy in a minimum coverage amount of$750,000 each
loss with a maximum deductible of$150,000,
Self-insurance shaU not be acceptable.All insurance policies shall be issued by companles that(a)are authorized �
to transact business in the State of Florida,(b)have agents upon whom service of process may be made in Palm
Beach County;Florida,and(c)have a best's radng of A-VI or better. .
Additional Insured:All liability insurance policies shall name and endorse fhe following as add(tional insured(s):
the ECR Board,the City of West Palm Beach and its commissioners,officers,emp(oyees and agents.
Certificate of Insurance: Supplier shall provide the City Risk Manager with a copy of the Certificate of Insurance
and endorsements evidencing the types of Insurance and coverage required prior to the commencement of
Services. It is the Supplier's responsibility to ensure that the City's Risk Manager and the Department both have a
current Insurance C.ertificats and endorsements at all times. '
If Supplter's {nsurance policy is a claims made policy, Supplier shall maintain such insurancecoveragefor
a period af five (5)years after the expiration or termfnation of this Cor�ract.Applicable coverage may be met by
keeping the policies in force, or by obtaining an extension of coverage commonly known as a reporting
endorsement of tail coverage. •
The provisions of this section shalt survive beyond the expiration or termination of this Contract.
13. Indemnitv. Supplier shall indemnify, defend, save and hold harmless City, its oKcers, agents and
employees,from all claims,damages,losses,fiabiliGes and expenses arising out of the operations of Supplier or
its subcontractors, agents, officers, servanfs, independent eontractors or employees pursuant to this Contract,
specifically including, but not limited to, those caused by or arising out of (a) any act, omission, default or
negligence of the Supplier in the provision of the services under this Contract; (b) property damage or personal
injury, including death, whlch damage, injury or death arises out of or is incidental to or in any way connected
with Supplier's execution of services under thfs Contract; (c) the violation of fsderal, state,,couniy or munlcipal
laws, ordinances or regulattons by Supplier; or(d)any infringements or any claimed lnfringements of any patent
. or patents in the manufacture and sale, or either, of the Product fumished under this Contract, or in any way
connected with the use thereof by the City. This indemnification includes, but is not limited to,the perfarmance
of this Contract by Supplier.or any act or omission of Suppifer, its agents, servants, contractors,patrons, guests
or invitees and includes any costs, attorneys'fees, expenses and liabilities incurred in the defense of any such �
cfaims or the investigation thereof. Supplier agrees to pay all claims and losses and shali defend ali suits, in the
name of the City,its employees, and officers,including but not limited to appellate proceedings,and shalt pay ail
costs,)udgments and attorneys'fees which may issue thereon. City reserves the right to select its own legal
counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shaU be the
responsibility of Supplier under this indemnification p�ovislon. To the extent considered necessary by the Cfty,
any sums due Supplier under this Contract may be retained by Clty untif all of City's clafms for indemnification
have been resolved, and any amount withheld shail not be subJect to the payment of interest by City. 7his
indemnificatlon Contract is separate and apart fram, and in no way limited by, any insurance prov(ded pursuant
to this Contract or otherwise. 7his paragraph shall not be construed to requ(re Supplier to indemnify the City for
its own negligence, or intentional acts of the City, Its agents or employees.• Nothing in this Contract sfiall be
deemed to waive or affect the rights, privileges and immuntties of the City as set forth in Sectlon 768.28,Florida
Statutes. ' .
14. Terminatian. City shall have the right 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. In the event of termination, City shall
compensate the 5upplier for all Product delivered and accepted. Upon termination, this Cbntract shail have no
further force or effect and the parties shall be relieved of all further liability, except that the provisions of this
Section shall survive termination of this Contract and remain in full force and effect.
15, Not)ces. Notices requlred hereunder shail be given by written notice sent by registered U.S, mail, return
receipt requested,or by electronic transmission producing a written record,if to the City,to P.O.Box 3366,West
Palrn 8each, FL 33402, attention: City Admfnistratcr,and!f to Suppli2r,to the address set forth above.
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16. Non Discrimination. Supplier shall not discriminate against any person because of race, color, religion,
� sex, gender identity or expression, genetic information, national origin, age, disability, familial status, marital
status or sexual orientation. � •
17. Small Business.. The smail business provisions of the City Code of Ordinances, Chapter 66, are
incorporated into this Contract by this reference. _
• 18. Assianment. This Contract may not be assigned by Suppiier.
19. Force Maieure, Any deadline provided for in this Contract may be extended if the deadline is nat met
because of one of the following conditions occurring with respect to that particular project or parcel; fire, strike,
explosion, power biackout, earthquake,volcanic action,flood, war, civff disturbances, terrorist acts, hurricanes
� and acts of God. When one of the foregoing conditions interferes with contract performance, then the party
affected may be excused from pertormance on a day-for-day basis to the extent such party's obligations relate
to the performance so intertered with; provided,the party so affected shall use reasonable efforts to remedy or
remove such causes of non-pertormance, The party so affected shali not be entitled tv any additional
compensation by reason of any day-for-day extension.
20. No Solicitatlon. Supplier warrants that it has not employed or retained any company or person, other than ,
a bona fide emp►oyee working solely for Supplier, to solicit or secure this Contract and that it has not paid or (
agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working
solely for Supplier, any fee, commission, percentage, gift, or any other consideration contingent upon or
resulting from the award or making of this Contract. In the event of a breach or violation of this prQvision by
Supplier, the City shall have the right to termtnate the Contract withoul Viability and, at its discretion, to deduet '
from the Fee,or otherwise recover,the full amount of such fee,commission,percentage,gift,or consideration,
21. Public Entitv Crimes Act. Supp(ier represents that the execution of this Contract wiil not violate the Public
Entity Crimes Act(Section 287.133, Florida Statutes), and certifies that Supplier and any subcontractors under
this Contract have not been placed on the convicted vendor list maintained by the State of Fiorida Department
of Management Services within 36 months from the date of submitting a proposal for this Contract or entering
into this Contract. Violation of this section may result in termination of this Contract and recovery of all monies
paid, and may result In debarment from the City's competitive procurement activities.
22, Public Records Law, Supplier shall allow public access ta ail documents, papers, letters or other material
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Supplier in conJunction .
. with this Contract. Failure by the Supplfer to grant such public access shall be grounds for immediate unilaterai
cancellation of this Contract by the ECR Board. � �
23. Risaht to Audlt. Supplier shall maintain adequate records of the purchase and delivery of Product under `
this Contract for five (5) years following expiration or termination of the Contract or conclusion of any litigation .
• regarding this Contract. The City ahall have the rfght to audit Supplie�'s books and records, at the Gity's
expense, upon prior notice, with regard to this Contract. Supplier shall allow the Ciry or its representative to
fnterview all current or former employees to discuss matters pertinent to this Contract If an audit Inspection in
accardance with this section discloses overpricing or overcharges (of any nature) by Supplier to the City in
excess of one-half of one percent (.5%) of the total contract bilUngs, (1) the reasonable costs of the City's
Internal Audit department shall be reimbursed to the City by the Supplier; and (2) a 15% penalty of the
overpricing or overcharges shall be assessed. Any adjustments and/or payments which must be made as a
result of the audit inspection, including any Interest, audit costs and penalties shatl be made by the Supplier -
within 45 days from presentation of City's findings to Consuitant. Failure by Supplier to permit such audit shall
be grounds for termination of this Contract by the City.
24. Govemina Law. This Contraat shall be construed and interpreted, and the rights of the parties hereto
determined, in accordance with Florida law wRhout regard to conflicts of law provisions, The ECR Board and
Supplier submit fo the jurisdiction of F'lorida courts and federal courts located in Fforida, The parties agrea Ihet '
proper venue for any suit conceming this Contract shall be Palm Beach County, Fiorida, or the Federal
Southern District of Florida. Supplier agrees to waive ail deFenses to any suit filed in Florida based upon
1111pfOp@f Ve11Ue 01'/OfUl11 110I7ColIV0171BI1S.TO ENCOURAGE PROMPT AND EflUITA6LE RESOLUTION OF ANY LI71GAT10N,
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EACH PARTY HEREBY WAIVES ITS RIQHTS TO A TRIAL BY JURY IN ANY LITIGATION RELATED TO THIS CONTRACT. � j
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25. Severabilitv. In the event that any sentence, section, paragraph or portion of this Contract shall be held by ;
a court to be invalicl or unenforceable for any reason, such invalldity or unenforceabiilty shall,not affect the !
remaining portions of this Contract and the same shall remain in fuil force and effect. • • I
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26. Watver, No walver of a breach of any provision of this Contract shall constitute a waiver of any subsequent
breach of the same or any other provisfon of this Contract, and no waiver shall be effective unless made'in
writing.
27. Ethics: Conflicts of Interest. Supplier shall comply with all federal, stafe and focai ethics laws and
regulations.
28. ins�ector General, Suppiier is aware that the Inspector General of Palm Beach County has the authority to .
investigate and audit matters relating fo the negotiation and performance of this contract,and may demand and
obtain records and testimony from Supplier and its subcontractors and lower tier subcontractors. Suppiler
understands and agrees that in addition to all other remedies and consequences provided by law,the failure of
Supplier or (ts subcontractor'or iower 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 termination.
29. Di�ital Sis�nature. The paRies to this Contract may agree to execute this Contract, and all subsequent
amendments or modifications to it by digital signature,in accordance with Ch,658, Fia.Stat.
30. Entire Contract: Exhibits: Amendment. Any Exhibits attached to this Contract are incorporated into the �
terms and oonditions of this Contract. In the event of any conflict between this Contract and any Exhibits, this
Contract governs. Any edditional terms contained in any Exhibit must be specifically accepted by City. This .
Contract embodies tF1e entire Contract and understanding of the parties with respect to the subject matter of this
Contract and supersede all pr(or and contemporaneous Contracts and understandings,ara!or written,relating to
the subject matter. This Contract may only be modified by written amendmerit executed by the City and
• Suppl'ier.
IN WITNESS WHEREOF, the parties hereto have made and executed this Contract as of the day and year
executed below. �
SUPPLIER: • '
ODY5SEY MANUF CTURING COMPANY
` CITY OF WEST PALM BEACH
ey_
!�_1 �S 1� �jJ� �� Geraldine uoio, Mayor
Name: 1��i1 1ti (, t'1
/ __��i /�J� �n��,. Date, (p�Y ,2013
• Title: c�re�� � y ���
T '
Attest;.�g '' �
ity Clerf � .
. CftyAttomey's Office
� Appro�ed�s)to form and legality. �
• By; }j��l'
Odyssey/Sodium Hypochlorite 060413 '
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'`��RD� . CERTIFICATE OF LIABILtTY INSURANCE � s2 i""2 2"'.
ii
_ 'THIS CERTIFICATE IS ISSUED AS A MA'f'7ER dF INFORMATION ONLY AND.CONFERS NO RIGHTS UPON THE CERTIPICATB HOLDHR:THIS
�CERTtFICATE DOES NOT AFFIRMATIVELY OR NEGATNELY AMEND, EXTEND�OR ALTER THE COVERAGE AFFORDE� Blf THE PDLICIES
•BELOW. THIS.CERTIFICATE OF INSURANCH DOES NOT CON971TUTE A CON7RACT BETWEEN THE ISSUING�INSURER(S�, AUTHORIZED
•REPRESENTATIVE OR PRODUCHR,AND THE CERTIFICATE HOLDER � • ' .
IMPORTANT: If the cerUficate holder is an ADDI710NAL INSURED,tha policy(1esJ must be�andorsad. If SUBR�G11TtON IS WAIYED,subJect to -
the tertns and condttions of the policy,aertain�palicles may require an end`orsement. A statement on thts cetiiiicate does not confer Mghts to the
certlftcate hoidae in lieu of such endorsement s. • � ' �
. PRDOUCER ' � � A0T Sonja �aters � . '
Stahl � Associatea Insurance, Inc.' H� , (727)391-9791 F� .(727)993-D623
110 CBrillon Parkway ' Aoa�� .sonja.watera@stahlinsnrance.com
' ' � • �NSI)RE 9 AFFORWNGCOVERAGE NAIClI .
St. Petersburg � FL 33716 ' iNsua�rtn;Westahester S lua Lines Ins 0172
� �Ng�ED • . � iNsu�esAae Fire Onderwritera Iris Co 0702
Odysaey Manufacturi.ng Co. ' ir�sur�c:Zenith Insuranee Co an � 3269 .
� 1984 Massaro B1vd • p; �
. ' INSUR9tE: •
Tampa � • .� FL 33619 • • n�suReaF: •
COVERAGBS CERTIFICATE NUMBER:a+12122416474 REVISION NUMBER:
THIS IS TO CERTIFY 7HAT THE POLICIES OF INSURANCE IISTED BELOW HAVE BEEN ISSUED TO THE INSURED Ni1MED ABOVE FOR THE POLICY PERIOD. . .
INDICATED. N0TIMTHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONIRACT OR OTHER DOCUMENT WITH i2E5PEC7 TO WHICH THIS •
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORQED BY 7HE POLICIE5 DESCRIBED HEREIN IS SUBJECT TO ALL 1'HE TERMS, .
EXCLUSIONS AND CONDITIONS OF SUCH POGiCIES.LIMITS SNOWN MAY HAVE BEEN RE�UCED BY PAID CIAIMS. ' � .
INSR TypEOFINSUFtANCE e POI.ICYNUMBER P�DDYEFF PO p EXp V�$ ' .
OENERAL IJABILITY ' . FACH OCCURRENCE' S 1�OOp�000
X COMAAERCIAL GENEFiAt LIABIU7Y • , S� o ra��e e_ 3 50�000
A CIaMS-IMDe ❑X OCCUR 24092975 0/1/2012 ; 0/1/2013 MEDEXP Anyone arson) S 5,000
. PER NAlBADVINJURY S 1,000,000
� • ' 6�EitaIAGGREonrs ; 2,d00,000
GBNLAGGREGATELIMITAPPLIE3PER: PRODUCTS-COMPlOPAG13 S 2�000�000 '
X POLICY PRO- �� . S .
1 AUTOMOBILELIABILITY • . . GD�IABN SI MIT S �. OOO �OOO
I X p,{.�yq�{p BODILYINJURY(Perpasonj f
� AI�JTOS��p A����EO OB950377 0/1/2012 0/1/2013
8001LY INJURY(Per accidenp S
X HIREDAUTOS X AUfOS�ED • • � OPE idAGE �
. a .
IIMBRELLA LU1B p�CUR EACH OCCURRENCE ' E 5��00�000
. _ . _._ . ._,_. . .. . . . . .. ....... . ...... . •
A }( EXCESS LIAB CWMS•MADE . •.._ . •- ' . A(iOREGATE a 5�OOO r O0�. -T.
OEp �RETENTIOMS ' 24092987 . 4J1/2022 0/1/20i3 . ' . � , .
L' YWRKERSCOMPENSATION Z KCSTA7U- TH- •
ANDEMPLOYERS'LIABIL�TY ' ' .
ANV PROPRIETOR/PARTNERIE7�CU'T1VE Y f N E1„EACH ACqDENT S 1 OOO 000
O�d�E�AABNF.HREXCUIOEM ❑ N�A p66B28809 /1/2019 /1/201a
(y iY 1 ELDISFASE-EAEMPLOYE S 1 �000 000
DESGRIP�TIO�I40F�OPERATIQN3belav � ' ELDISEASE-POLICYLIMIF E 1 OOO OOO
A Pollution Liability G24092999 � 0/i/2012 0/i/2013 p�,yA�regateLknp $1�000 000
Aed $25,00o E� �oxi c�a. � . �
�ESCWPTION�F OPERATOMS/lOCq710NS/VEHICLES(Athch ACOR�10�,Addplonal RematNs 3chedule,lf mol'e apace!s requfeed) , �
Certificate holder is listed as as additional insured.' • •
CERTIFICATE HOI.DER '' ' CANCELLATION ' ' �
• SHOUI.D ANY OF THE A90VE DESCRIBED POLICIES BH CANCELLED BEFORE
• , ' ' � . ' THE �JfPIRATION DATE THEREOF, NOTICE' VJILL�BE DELiVERED IN
. ACCORDANCE WI7H THE POLICY PR�VISIONS; '
City �of Wes't Palm Heach ' ' ' ' � . '
Engineeiing"3ervices Departmen�
f PO BOX 336G ' ' AUSHORIZEUREPRESENTA7IVE • • ..
• West Palm Beach, FL 33402 ' �. • • '
� • � Kelly Petzold/WATERS ���f� � P��"� . •
ACORD 25(2010%05} ' O 1988-2090 ACORD CORPORATION. All rights reserved.
INSD25l707nct5�M ' Tho A(:l1Rfl nama anrl Innn�ro ronictPrari mar4e nf 6(:(1RIl �
� � � � ' � � � 06/21/2013 08:12:26 AM