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Home My WebLink AboutR-2020-118 PC Controls, Inc. Agreement for Repair and Calibration of WTP Flow Meters under Pompano Beach Piggyback to Exceed $25KRESOLUTION NO.2020-118 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH P.C. CONTROLS, INC. FOR REPAIR AND CALIBRATION OF FLOW METERS AND RELATED DEVICES FOR THE WATER TREATMENT PLANT AND SEWER FACILITIES USING AVAILABLE PRICING FROM THE CITY OF POMPANO BEACH CONTRACT NO. RFP L-51-16 WITH P.C. CONTROLS, INC. FOR FISCAL YEAR 2020-2021, FOR FUTURE REPAIRS THAT MAY EXCEED AN ANNUAL VENDOR TOTAL AMOUNT OF TWENTY FIVE THOUSAND DOLLARS ($25,000.00), WITHOUT COMPETITIVE BIDDING AND AUTHORIZING SUCH PURCHASES THAT ARE TO BE MADE WITHIN THE PUBLIC SERVICES DEPARTMENT'S APPROVED ANNUAL BUDGET APPROPRIATION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and materials for the City government in amounts in excess of the established monetary threshold without competitive bidding and without advertisement for bids if she is authorized to do so in advance by a resolution adopted by the City Commission; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10, "Monetary thresholds for certain purchases and payment disbursement authorizations", Subsection (a), sets the monetary threshold at Twenty Five Thousand Dollars ($25,000.00) for a vendor each fiscal year; and WHEREAS, the City of Pompano Beach, Florida and one of its vendors has given permission to the City of Dania Beach to utilize available pricing under the City's Request for Proposal (RFP) L-51-16 awarded to P.C. Controls, Inc. via Pompano Beach Resolution No. 2016-290 for which the contract has been renewed effective August 26, 2020 through August 26, 2021, a copy of which is attached as Exhibit "A" and which is made a part of and is incorporated into this Resolution by this reference; and WHEREAS, the current Agreement with P.C. Controls, Inc. expired on September 13, 2020 and therefore, the term of the new Agreement will be retroactive to September 13, 2020 through August 26, 2021; and WHEREAS, the Director of the Public Services Department has determined that it is necessary to purchase certain water treatment plant parts and technical services for the operation of the water plant; and WHEREAS, the future repairs and maintenance may exceed the annual Twenty Five Thousand Dollars ($25,000.00) City purchase threshold for a single vendor and, therefore, City Commission approval is required; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above "Whereas" clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the proper City officials are authorized to execute an agreement with P.C. Controls, Inc. to purchase certain parts and technical services, in an amount exceeding the annual amount of the Twenty Five Thousand Dollars ($25,000.00) purchase threshold for a single vendor for Fiscal Year 2020-2021 which Agreement is attached as Exhibit `B", and it is made a part of and is incorporated into this Resolution by this reference. Section 3. That all Department purchases from P.C. Controls, Inc. shall be subject to and made within each Department's approved annual budget appropriation. Section 4. That the City Manager and City Attorney are authorized to make minor revisions to the related documents which are deemed necessary and proper and in the best interest of the City. Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6. That this Resolution shall become effective upon its passage and adoption. PASSED and ADOPTED on October 13, 2020. ATTEST: r� THOMAS SCHNEIDER, CMC CITY CLERK L RI LE MAYOR tISHE01 APPROVED AS TO F AND CORRECTNESS: 1 ' THOMAS . AST RO CITY ATTO Y 2 RESOLUTION #2020-118 DocuSign Envelope ID: F88176F4-349C-4B07-88C9-3158DE87B646 p ano 01, beach_ Florida's warmest Welcome City Clerk's Office Contract Manager Memorandum No. 2020-31 To: Greg Harrison, City Manager From: Antonio Pucci on behalf of Randy Brown Date: August 25, 2020 Subject: P.C. Controls, Inc. — Service Contract Attached is the service contract with P.C. Controls, Inc. for repair and calibration of flow meters and related devices services. The contract is for a not to exceed amount of $75,000.00, and a detailed breakdown of the services offered are included within the scope of work. If you have any questions or concerns regarding the agreement with P.C. Controls, Inc., please call Randy Brown at x7044. Attachment ! � E DocuSign Envelope ID: F88176F4-349C-4B07-88C9-3158DE87B646 SERVICE CONTRACT THIS AGREEMENT is made and entered into on August 26, 2020 , by the City of Pompano Beach ("City") and P.C. Controls, Inc., a Florida corporation ("Contractor"). WHEREAS, City requires services which Contractor is capable of providing under the terms and conditions described herein; and WHEREAS, Contractor is able and prepared to provide such services to City under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of those mutual promises and the terms and conditions set forth hereafter, the parties agree as follows: 1. Contract Documents. This Agreement consists of the Scope of Work set forth in Exhibit "A" (the "Work") and, the Insurance Requirements set forth in Exhibit `B", both of which are attached hereto and made a part hereof; and all written change orders and modifications issued after execution of this Agreement. 2. Purpose. City contracts with Contractor to provide repairs and calibration of flow meters and related devices services upon the terms and conditions set forth herein. 3. Scope of Work. Contractor shall provide the Scope Services set forth in Exhibit "A" and insurance set forth in Exhibit `B" both attached hereto and made a part hereof. If the Work requires Contractor to provide materials or complete the Work within a specified time frame or in accordance with certain plans and specifications, these terms and conditions shall be set forth and included in Exhibit A and Contractor agrees to provide said materials or Work in accordance therewith. Contractor and Contractor's heirs, executors, administrators, successors and assigns, do hereby agree to full performance of all covenants contained herein on Contractor's part. 4. Term of Contract. This Agreement shall be for a term of one (1) year or less beginning with the date this Agreement is fully executed by both parties. This Agreement shall automatically expire upon reaching the not to exceed amount listed below under 7. Price Formula, Payment and Invoices. 5. Renewal. This Contract is not subject to renewal. 6. Maximum Obligation. City agrees to pay Contractor for providing the Work and insurance required hereunder. Both parties agree that unless otherwise directed by City in writing, Contractor shall continue to provide the Work for the term of this Agreement. DocuSign Envelope ID: F88176F4-349C-4B07-88C9-3158DE87B646 7. Price Formula, Payment and Invoices. A. Price Formula. City agrees to pay Contractor for performance of the Work set forth in this Agreement as follows: Services shall not exceed seventy five thousand dollars ($75,000.00), and shall be charged in accordance with Exhibit "A". B. Payment. All payments by City shall be made after the Work has been verified and completed. Unless disputed by City as provided herein, upon City's receipt of a Proper Invoice as defined in §218.72, Florida Statutes, as amended, City shall forward Contractor payment for (i) construction services defined as all labor, services, and materials provided in connection with the construction, alteration, repair, demolition, reconstruction, or any other improvement to real property that require a license under Parts I and II of Chapter 489, Florida Statutes, within twenty-five (25) business days and (ii) forty five (45) days for all goods and services provided other than construction services. City may temporarily remove for review any disputed amount, by line item, from an invoice and shall timely provide Contractor written notification of any such disputed charge. Contractor shall provide clarification and a satisfactory explanation to City, along with revised copies of all such documents if inaccuracies or errors are discovered, within ten (10) days of receipt of City's notice of the disputed amount In the event City has a claim against Contractor for Work performed hereunder which has not been timely remedied in accordance with the provisions of this Article 7, City may withhold payment for the contested amount, in whole or in part, to protect itself from loss on account of defective Work, claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor, and/or Contractor's failure to make proper payments to subcontractors or vendors for material or labor. When the reason(s) for withholding payment are removed or resolved in a manner satisfactory to City, payment shall be made. Resolution of improper payment requests or invoices shall be in accordance with §218.76, Florida Statutes, as amended. C. Invoices. If required by City, Contractor shall submit invoices to City as services are completed or on a monthly basis. 8. Disputes. Any factual disputes between City and the Contractor in regard to this Agreement shall be directed to the City Manager for the City, and such decision shall be final. 9. Contract Administrators, Notices and Demands. A. Contract Administrators. During the term of this Agreement, the City's Contract Administrator shall be Phil Hyer and the Contractor's Contract Administrator shall be Jerry Scaggs (or their authorized written designee) as further identified below. Service Contract with P.C. Controls, Inc. Page 2 of 11 DocuSign Envelope ID: F88176F4-349C-4B07-88C9-3158DE878646 B. Notices and Demands. A notice, demand, or other communication hereunder by either party to the other shall be effective if it is in writing and sent via email, facsimile, registered or certified mail, postage prepaid to the representatives named below or is addressed and delivered to such other authorized representative at the address as that party, from time to time may designate in writing and forward to the other as provided herein. If to Contractor: Jerry Scaggs 221 SW 5t' CT Pompano Beach, FL 33060 Email: pccontrolsinc@bellsouth.net If to City: Phil Hyer, Contract Administrator 1205 NE 5t' Avenue Pompano Beach, FL 33060 Office: (954) 786 7030 Email: phil.hyer@copbfl.com With a copy to: Antonio Pucci, Contract Manager 100 West Atlantic Blvd. Pompano Beach, FL 33060 Phone: (954) 786-5574 Email: antonio.pucci@copbfl.com 10. Ownership of Documents and Information. All information, data, reports, plans, procedures or other proprietary rights in all Work items, developed, prepared, assembled or compiled by Contractor as required for the Work hereunder, whether complete or unfinished, shall be owned by the City without restriction, reservation or limitation of their use and made available at any time and at no cost to City upon reasonable written request for its use and/or distribution as City deems appropriate provided City has compensated Contractor for said Work product. City's re -use of Contractor's Work product shall be at its sole discretion and risk if done without Contractor's written permission. Upon completion of all Work contemplated hereunder or termination of this Agreement, copies of all of the above data shall be promptly delivered to the City's Contract Administrator upon written request. The Contractor may not disclose, use, license or sell any work developed, created, or otherwise originated hereunder to any third party whatsoever. The rights and obligations created under this Article shall survive the termination or expiration of this Agreement. To the extent it exists and is necessary to perform the Work hereunder, City shall provide any information, data and reports in its possession to Contractor free of charge. 11. Termination. City shall have the right to terminate this Agreement, in whole or in part, for convenience, cause, default or negligence on Contractor's part, upon ten (10) business days advance written notice to Contractor. Such Notice of Termination may include City's proposed Transition Plan and timeline for terminating the Work, requests for certain Work product documents and materials, and other provisions regarding winding down concerns and activities. Service Contract with P.C. Controls, Inc. Page 3 of 11 DocuSign Envelope ID: F88176F4-349C-4B07-88C9-3158DE87B646 If there is any material breach or default in Contractor's performance of any covenant or obligation hereunder which has not been remedied within ten (10) business days after City's written Notice of Termination, City, in its sole discretion, may terminate this Agreement immediately and Contractor shall not be entitled to receive further payment for services rendered from the effective date of the Notice of Termination. In the event of termination, City shall compensate Contractor for all authorized Work satisfactorily performed through the termination date under the payment terms set forth in Article 7 above and all Work product documents and materials shall be delivered to City within ten (10) business days from the Notice of Termination. If any Work hereunder is in progress but not completed as of the date of the termination, then upon City's written approval, this Agreement may be extended until said Work is completed and accepted by City. 12. Force Majeure. Neither party shall be obligated to perform any duty, requirement or obligation hereunder if such performance is prevented by fire, hurricane, earthquake, explosion, war, civil disorder, sabotage, accident, flood, acts of nature or by any reason of any other matter or condition beyond the control of either party which cannot be overcome by reasonable diligence and without unusual expense ("Force Majeure"). In no event shall economic hardship or lack of funds be considered an event of Force Majeure. If either party is unable to perform or delayed in their performance of any obligations hereunder by reason of any event of Force Majeure, such inability or delay shall be excused at any time during which compliance therewith is prevented by such event and during such period thereafter as may be reasonably necessary for either party to correct the adverse effect of such event of Force Majeure. Contractor must follow all Federal, State, County, and City safety guidelines, including all CDC safety guidelines in effect during the term of the program, including but not limited to social distancing, and personal protection equipment. Inability to conduct the program and follow any and all required safety guidelines from the COVID-19 crisis or other similar emergency, or failure to follow such requirements, including but not limited to, social distancing, shall constitute grounds for immediate cancellation of this Agreement unilaterally by the City upon written notice, which may be provided via electronic mail. The parties, by mutual agreement, may reschedule the performance of the services to a later date pursuant to the terms of this agreement. 13. Insurance. Contractor shall maintain insurance in accordance with Exhibit `B" throughout the term of this Agreement. 14. Indemnification. Except as expressly provided herein, no liability shall attach to the City by reason of entering into this Agreement. A. Contractor shall at all times indemnify, hold harmless and defend the City, its officers, officials, employees, volunteers and other authorized agents from and against any and all claims, demands, suit, damages, attorneys' fees, fines, losses, penalties, defense costs or liabilities suffered by the City arising directly or indirectly from any act, breach, omission, negligence, recklessness or misconduct of Contractor and/or any of its agents, officers, or employees hereunder, including any inaccuracy in or breach of any of the representations, Service Contract with P.C. Controls, Inc. Page 4 of I I DocuSign Envelope ID: F88176F4-349C-4B07-88C9-3158DE87B646 warranties or covenants made by the Contractor, its agents, officers and/or employees, in the performance of services of this contract. Contractor agrees to investigate, handle, respond to, provide defense for, and defend any such claims at its sole expense and to bear all other costs and expenses related thereto, even if the claim(s) is/are groundless, false or fraudulent. To the extent considered necessary by City, any sums due Contractor hereunder may be retained by City until all of City's claims for indemnification hereunder have been settled or otherwise resolved, and any amount withheld shall not be subject to payment of interest by City. B. Contractor acknowledges and agrees that City would not enter into this Agreement without Contractor's indemnification of the City. The parties agree that one percent (1 %) of the total compensation paid to Contractor hereunder shall constitute specific consideration to Contractor for the indemnification provided under this Article and these provisions shall survive expiration or early termination of this Agreement. 15. Sovereign Immunity. Nothing in this Agreement shall constitute a waiver by the City of its sovereign immunity limits as set forth in section 768.28, Florida Statutes. Nothing herein shall be construed as consent from either party to be sued by third parties. 16. Non -Assignability and Subcontracting. A. Non -Assignability. This Agreement is not assignable and Contractor agrees it shall not assign or otherwise transfer any of its interests, rights or obligations hereunder, in whole or in part, to any other person or entity without City's prior written consent which must be sought in writing not less than fifteen (15) days prior to the date of any proposed assignment. Any attempt by Contractor to assign or transfer any of its rights or obligations hereunder without first obtaining City's written approval shall not be binding on City and, at City's sole discretion, may result in City's immediate termination of this Agreement whereby City shall be released of any of its obligations hereunder. In addition, this Agreement and the rights and obligations herein shall not be assignable or transferable by any process or proceeding in court, or by judgment, execution, proceedings in insolvency, bankruptcy or receivership. In the event of Contractor's insolvency or bankruptcy, City may, at its option, terminate and cancel this Agreement without any notice of any kind whatsoever, in which event all rights of Contractor hereunder shall immediately cease and terminate. B. Subcontracting. Prior to subcontracting for Work to be performed hereunder, Contractor shall be required to obtain the written approval of the City's Contract Administrator. If the City's Contract Administrator, in his/her sole discretion, objects to the proposed subcontractor, Contractor shall be prohibited from allowing that subcontractor to provide any Work hereunder. Although Contractor may subcontract Work in accordance with this Article, Contractor remains responsible for any and all contractual obligations hereunder and shall also be responsible to ensure that none of its proposed subcontractors are listed on the Convicted Vendors List referenced in accordance with the provisions of Article 28 below. 17. Performance Under Law. The Contractor, in the performance of duties under the Agreement, agrees to comply with all applicable local, state and/or federal laws and ordinances including, but not limited to, standards of licensing, conduct of business and those relating to criminal activity, and the Americans with Disabilities Act (ADA). Service Contract with P.C. Controls, Inc. Page 5 of 11 DocuSign Envelope ID: F88176F4-349C-4B07-88C9-3158DE87B646 18. Audit and Inspection Records. The Contractor shall permit the authorized representatives of the City to inspect and audit all data and records of the Contractor, if any, relating to performance under the contract until the expiration of three years after final payment under this contract. The Contractor further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that City or any of their duly authorized representatives shall, until the expiration of three years after final payment under the subcontractor, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor, involving transactions related to the subcontractor. 19. Adherence to Law. Both parties shall adhere to all applicable laws governing their relationship with their employees including, but not limited to, laws, rules, regulations and policies concerning worker's compensation, unemployment compensation and minimum wage requirements. 20. Independent Contractor. The Contractor shall be deemed an independent Contractor for all purposes, and the employees of the Contractor or any of its contractors, subcontractors and the employees thereof, shall not in any manner be deemed to be employees of City. As such, the employees of the Contractor, its Contractors or subcontractors, shall not be subject to any withholding for tax, social security or other purposes by City, nor shall such Contractor, subcontractor or employee be entitled to sick leave, pension benefits, vacation, medical benefits, life insurance, workers or unemployment compensation or the like from City. 21. Contractor cooperation. The Contractor recognizes that the performance of this contract is essential to the provision of vital public services and the accomplishment of the stated goals and mission of City. Therefore, the Contractor shall be responsible to maintain a cooperative and good faith attitude in all relations with City and shall actively foster a public image of mutual benefit to both parties. The Contractor shall not make any statements or take any actions detrimental to this effort. 22. Public Records. A. The City of Pompano Beach is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law, as amended. Specifically, the Contractor shall: 1. Keep and maintain public records required by the City in order to perform the service. 2. Upon request from the City's custodian of public records, provide the City with a copy of requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. Service Contract with P.C. Controls, Inc. Page 6 of 11 DocuSign Envelope ID: F88176F4-349C-4B07-88C9-3158DE87B646 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. 4. Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the Contractor, or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records in a format that is compatible with the information technology systems of the City. B. Failure of the Contractor to provide the above described public records to the City within a reasonable time may subject Contractor to penalties under 119.10, Florida Statutes, as amended. PUBLIC RECORDS CUSTODIAN IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 100 W. Atlantic Blvd., Suite 253 Pompano Beach, Florida 33060 (954) 786-4611 RecordsCustodian(acopbfl.com 23. Governing Law. Agreement must be interpreted and construed in accordance with and governed by the laws of the State of Florida. The exclusive venue for any lawsuit arising from, related to, or in connection with this Agreement will be in the state courts of the Seventeenth Judicial Circuit in and for Broward County, Florida. If any claim arising from, related to, or in connection with this Agreement must be litigated in federal court, the exclusive venue for any such lawsuit will be in the United States District Court or United States Bankruptcy Court for the Southern District of Florida. BY ENTERING INTO THIS AGREEMENT, THE PARTIES HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. Service Contract with P.C. Controls, Inc. Page 7 of 11 DocuSign Envelope ID: F88176F4-349C-4B07-88C9-3158DE87B646 24. Waiver and Modification. A. No waiver made by either party with respect to performance, manner, time, or any obligation of either party or any condition hereunder shall be considered a waiver of that party's rights with respect to the particular obligation or condition beyond those expressly waived in writing or a waiver of any other rights of the party making the waiver or any other obligations of the other party. B. No Waiver by Delay. The City shall have the right to institute such actions or proceedings as it may deem desirable for effectuating the purposes of this Agreement provided that any delay by City in asserting its rights hereunder shall not operate as a waiver of such rights or limit them in any way. The intent of this provision is that City shall not be constrained to exercise such remedy at a time when it may still hope to otherwise resolve the problems created by the default or risk nor shall any waiver made by City with respect to any specific default by Contractor be considered a waiver of City's rights with respect to that default or any other default by Contractor. C. Either party may request changes to modify certain provisions of this Agreement; however, unless otherwise provided for herein, any such changes must be contained in a written amendment executed by both parties with the same formality of this Agreement. 25. No Contingent Fee. Contractor warrants that other than a bona fide employee working solely for Contractor, Contractor has not employed or retained any person or entity, or paid or agreed to pay any person or entity, any fee, commission, gift or any other consideration to solicit or secure this Agreement or contingent upon or resulting from the award or making of this Agreement. In the event of Contractor's breach or violation of this provision, City shall have the right to terminate this Agreement without liability and, at City's sole discretion, to deduct from the Price Formula set forth in Article 7 or otherwise recover the full amount of such fee, commission, gift or other consideration. 26. Attorneys' Fees and Costs. In the event of any litigation involving the provisions of this Agreement, both parties agree that the prevailing party in such litigation shall be entitled to recover from the non -prevailing party reasonable attorney and paraprofessional fees as well as all out-of-pocket costs and expenses incurred thereby by the prevailing party in such litigation through all appellate levels. 27. No Third Party Beneficiaries. Contractor and City agree that this Agreement and other agreements pertaining to Contractor's performance hereunder shall not create any obligation on Contractor or City's part to third parties. No person not a party to this Agreement shall be a third -party beneficiary or acquire any rights hereunder. 28. Public Entity Crimes Act. As of the full execution of this Agreement, Contractor certifies that in accordance with §287.133, Florida Statutes, it is not on the Convicted Vendors List maintained by the State of Florida, Department of General Services. If Contractor is subsequently listed on the Convicted Vendors List during the term of this Agreement, Contractor agrees it shall immediately provide City written notice of such designation in accordance with Article 9 above. Service Contract with P.C. Controls, Inc. Page 8 of 11 DocuSign Envelope ID: F88176F4-349C-4B07-88C9-3158DE87B646 29. Entire Agreement. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 30. Headings. The headings or titles to Articles of this Agreement are not part of the Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement. 31. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A photocopy, email or facsimile copy of this Agreement and any signatory hereon shall be considered for all purposes as original. 32. Approvals. Whenever CITY approval(s) shall be required for any action under this Agreement, said approval(s) shall not be unreasonably withheld. 33. Absence of Conflicts of Interest. Both parties represent they presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with their performance under this Agreement and that no person having any conflicting interest shall be employed or engaged by either party in their performance hereunder. 34.. BindingEThe benefits and obligations imposed pursuant to this Agreement shall be binding and enforceable by and against the parties hereto. 35. Severability. Should any provision of this Agreement or the applications of such provisions be rendered or declared invalid by a court action or by reason of any existing or subsequently enacted legislation, the remaining parts of provisions of this Agreement shall remain in full force and effect. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK Service Contract with P.C. Controls, Inc. Page 9 of I I DocuSign Envelope ID: F88176F4-349C-4B07-88C9-3158DE87B646 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year hereinabove written. Attest: DocuSigned by: I suwx Rmwibvj 775D4290316A490_. ASCELETA HAMMOND, CITY CLERK (SEAL) APPROVED AS TO DEPARTMENT HEAD: D.-Si,-d by: C. K L hyL tr6wn, By:11 A. Randolph Brown APPROVED By Antonio Pucci at 1:41 pm, Aug 25, 2020 CITY OF POMPANO BEACH DocuSigned by: ►('t't, �aV�ivu By: REX HARDIN, MAYOR E ,D/oycu�Siig�i//nyye�.d by:�I,1i-� ��y (�,r very P. �,{fM I By. !/ GREGORY ;.HARRISON, CITY MANAGER Service Contract with P.C. Controls, Inc. Page 10 of I l DocuSign Envelope ID: F88176F4-349C-4B07-88C9-3158DE87B646 "CONTRACTOR" P.C. Controls, Inc. Witnesses: B ' Norman P. Conaway, President (Print or Type Name) STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me, by means of P physical presence or o online notarization, this day of A 1Q C tj5jr — , 20k by P.C. Controls, Inc. as President of P.C. Controls, Inc., a Florida oration on behalf of the corporation. He/she is personally known tome or who has produced': ZQ R.' b tiff- ()t2 NOTARY'S SEAL: NOTARY KKIC.STATE OFFLOKA . . MICHELE WAINWRIGHT MY COMMISSION # GG 240710 '+w EXPIRES. JULY 1.2022 Senwe aom w 6/4/2020 ACP (type of identification) as identification. N ARY PUBLIC, STATE OF FLORIDA (C if wo U3i� t (Name of Acknowledger Typed, Printed or Stamped) Commission Number Service Contract with P.C. Controls, Inc. Page I I of I I DocuSign Envelope ID: F88176F4-349C-4B07-88C9-3158DE87B646 Exhibit "A" Scope of Work DocuSign Envelope ID- F88176F4-349C-4B07-88C9-3158DE87B646 +---V (Z""I CONTROLS _1--T C-- Repairs & Calibration of Flow meters and Related Devices RFP# L-51-16 Prepared by A C. CONTROLS, INC 132 NE 30m Street Wilton Manors, FL 33334 Norman Paul Conaway 954 568-9663 Submitted for your consideration 6130116 DocuSign Envelope ID: F88176F4-349C-4B07-88C9-3158DE87B646 IP (Z! CONTROLS I r -T �. Table of Contents - Letter of Transmittal - Pompano RFQ - Rates and Fees - Proposal - References - Insurance Certificate - Workers Compensation / Pompano Waiver - Copies of Forms 10 DocuSign Envelope ID: F88176F4-349C-4B07-88C9-3158DE87B646 C""I P.C. Controls Inc 132 NE 30'" Street, Wilton Manors, FL 33334 CONTROLS Phone: (954) 568-9663, Fax: (954) 563-0919 _ E-mail: pccontroisinc@bellsouth.net City of Pompano Beach 1205 NE 5th Ave Pompano Beach, FL 33060 Attn: Purchasing Department RE: Letter of Transmittal To whom it may concern; In compliance with the fulfillment of the requirements of the Request for Proposal "Repairs & Calibration of Flow Meters and Related devices" RFP# L-51-16, P C Controls Inc would like to present the proposal entitled "Repairs & Calibration of Flow Meters and Related devices" RFP# L-51-16, in accordance with your instructions. The main purpose of the attached documents is to propose rates and services we would like to provide for your city under this RFP. We feel strongly that we are an ideal candidate for this since we have provided these services on a Time and Material basis for almost a decade. This will also help reduce overhead cost by providing you a single point of contact for all related material and'services to this proposed contract. We hope that this proposal will meet your approval. Sincerely Norman P. Conaway P.C. Controls, Inc. 11 DocuSign Envelope ID: F88176F4-349C-4B07-88C9-3158DE87B646 Florida's Warmest Welcome CITY OF POMPANO BEACH REQUEST FOR PROPOSALS L-51-16 REPAIRS AND CALIBRATION OF FLOW METERS AND RELATED DEVICES RFP OPENING: JULY 7, 2016, 2:00 P.M. PURCHASING OFFICE 1190 N.E. 3RD AVENUE, BUILDING C (Front) POMPANO BEACH, FLORIDA 33060 12 DocuSign Envelope ID: F88176F4-349C-4B07-88C9-3158DE87B646 June 9, 2016 CiTY OF POMPANO BEACH, FLORIDA REQUEST FOR PROPOSALS L-51-16 Repairs and Calibration of Flow Meters and Related Devices The City is seeking proposals from qualified firms for the repair and calibration of flow meters and related devices for the City of Pompano Beach Utilities Department. The City will receive sealed proposals until 2:00 p.m. (local), July 7. 2016. Proposals must be submitted electronically through the eBid System on or before the due date/time stated above. Any proposal received after the due date and time specified, will not be considered. Any uncertainty regarding the time a proposal is received will be resolved against the Proposer. Proposer must be registered on the City's eBld System in order to view the solicitation documents and respond to this solicitation. The complete solicitation document can be downloaded for free from the eBid System as a pdf at: httos://porn 3anobeachfi.ionwave.net/CurrentSourcingEvents.aspx. The City is not responsible for the accuracy or completeness of any documentation the Proposer receives from any source other than from the eBid System. Proposer is solely responsible for downloading all required documents. Responses will be electronically unsealed in a public forum and read aloud. Introduction Various regulatory agencies require the Water Treatment Plant, Reuse Treatment Plant, Well Fields and Field Operations to calibrate flow meters and other control instrumentation. This is essential to ensure that all data is properly recorded as it relates to the quality of the treatment process. Contractor will perform services upon request from the City as needed throughout the contract period to repair, calibrate, and certify flow meters and related devices for the Utilities Department. If repairs are no longer viable or not cost effective, replacement and installation will be provided at the City's sole discretion and acceptance of quote. Items on City's Capital Replacement Plan may also be included, at the City's sole discretion and acceptance of quote. This agreement references the terms, conditions, prices, and specifications of the agreement between the City of Pompano beach and the Contractor for repairs, calibration and/or replacement of flow meters and related devices at the City's Water Treatment Plants as specified herein. The Contractors shall furnish all labor, services, materials, supplies, equipment, and transportation required. 1. Scope of Services The scope of services is designed to minimize instrument downtime and maximize the lifetime and productivity of the City's analytical instrumentation as well as meet regulatory compliance guidelines. Services required include repair, modification, RFP L-51-16 Page 1 13 DocuSign Envelope ID: F88176F4-349C-4B07-88C9-3158DE87B646 maintenance and/or replacement of related instrumentation and/or calibration and certification of flow meters and related devices within the Water Plant service area. 2. Tasks/Deliverables A. Proposer must be capable of providing calibration and services to all types, makes and models of flow meters, level transducers, process control instrumentation, remote terminal units, and all data transmitting devices. Meters shall be calibrated using test equipment and calibrators, the accuracy of which is traceable to NIST standards. The Proposer must maintain the certification records of the test equipment and calibrators and provide copies of the certifications upon request by the City. B. The Proposer will provide a written report with a cover sheet stating the work performed for the week or month and notations of any items needing correction. The report must contain a calibration sheet for each flow meter, and related devices calibrated during that month, with the following information: • Name and location of the meter • Date of calibration • Type of meter • Manufacturer and serial number • Calibration range • "As found" calibration; PV input and corresponding milliamp output at 0, 25, 50, 75, and 100% of range. • "Final" calibration; PV input and corresponding milliamp output at 0, 25, 50, 75, and 100% of range and percentage of error. • List of the calibration equipment used. C. Proposer will complete additional calibration services as requested by Utilities staff. D. Response time for service request events must not exceed 24 hours from the time of notification. E. Proposer will be supplied with the name(s) and telephone number(s) of the appropriate contact person(s) for the City under this Contract. Proposer will be required to report to the specified contact person prior to performing any work required by the scope of services. F. Whenever possible, Proposer shall utilize City -owned stocked parts and materials, as necessary to perform needed service. If City -owned and stocked parts are not available, Proposer shall provide parts and materials, which will be of first-rate quality. The Proposer shall maintain a reasonable stock of parts and materials available on a 24-hour basis sufficient to satisfy the anticipated demands of this Contract. G. All parts removed from service must be returned to the City's authorized personnel. Proposer will be responsible for the disposal of any non -repairable parts. RFP L-51-16 Page 2 14 DocuSign Envelope ID: F88176F4-349C-4B07-88C9-3158DE87B646 H. Proposer will provide all labor, and tools necessary to perform calibration and instrumentation repair and/ or replacement services by Proposer or Proposer sub- contractor and approved by City. 1. To prevent injury to City staff, all equipment and tools, used by Proposer or Proposer sub -contractor, must be properly put away when Proposer is not present. Any debris created as a result of the maintenance/repair service/replacement must be removed by Proposer daily. J. If repairs are no longer viable nor cost effective, replacement and installation will be provided at the City's sole discretion and acceptance of quote. Items on City's Capital Replacement Plan may also be included, at the City's sole discretion and acceptance of quote. The quote must include description of proposed replacement equipment with make/model number, equipment cost, estimated shipping, any installation cost, any warranty information and estimated time for delivery. 3. Term of Contract Contract term will be one (1) year commencing upon award by the appropriate City officials. The City reserves the right to renew this agreement for three (3) additional one year periods subject to vendor acceptance, satisfactory performance, and determination that renewal will be in the best interest of the City. All terms, prices and conditions shall remain firm for the initial period of the contract, and any renewal period. Renewals may be approved and executed by the City Manager or their designee. In the event delivery/service is scheduled to end because of the expiration of this contract, the Contractor shall continue to deliver/service upon the request of the General Services Director. The extension period shall not extend for more than ninety (90) days beyond the expiration date of the existing contract. The Contractor shall be compensated for the product/service at the rate in effect when this extension clause is invoked by the City. 4. Local Business Program On March 23, 2010, the City Commission approved a Resolution establishing a Local Business Program, a policy to increase the participation of City of Pompano Beach businesses in the City's procurement process. You can view the list of City businesses that have a current Business Tax Receipt on the City's website, and locate local firms that are available to perform the work required by the bid specifications. The business information, sorted by business use classification, Is posted on the webpage for the Business Tax Receipt Division: b6-oompanobeachfl gov/index ohv/paee%deg scv btr/btr Please note that, while no voluntary goals have been established for this solicitation, the City encourages Local Business participation in all of its procurements. S. Smell Business Enterprise Program RFP L-51-16 Page 3 15 DocuSign Envelope ID: F88176F4-349C-4B07-88C9-3158DE87B646 The Pompano Beach City Commission has established a voluntary Small Business Enterprise (SBE) Program to encourage and foster the participation of Small Business Enterprises in the central procurement activities of the City. The City of Pompano Beach is strongly committed to ensuring the participation of Small Business Enterprises (SBE's) as contractors and subcontractors for the procurement of goods and services. The definition of a SBE, for the purpose of the City's voluntary program, is taken from thl State of Florida Statute 288.703(1). As of the date of publication of this solicitation, a small business means an independently owned and operated business concern that employs 200 or fewer permanent full-time employees and that, together with its affiliates, has a net worth of not more than $5 million or any firm based in Florida that has a Small Business Administration 8(a) certification. As applicable to sole proprietorships, the $5 million net worth requirement shall include both personal and business investments. The City encourages all firms to undertake good faith efforts to identify appropriate Small Business Enterprise partners. Sources of information on certified Small Business Enterprises include the Broward County Small Business Development Division, the State of Florida Office of Supplier Diversity, South Florida Water Management District, and other agencies throughout the State. The City includes links to these organizations from the City's website www,pgmpanobeachfl.gov. Please indicate in your response if your firm is a certified Small Business Enterprise. Please note that, while no voluntary goals have been established for this solicitation, the City encourages small business participation in all of its procurements. 6. Required Proposal Submittal Submission/Format Reauirements Sealed proposals shall be submitted electronically through the eBid System on or before the due dateltime stated above. Proposer shall upload response as one (1) file to the eBid System. The file size for uploads is limited to 100 MB. If the file size exceeds 100 MB the response must be split and uploaded as two (2) separate files. Information to be included in the proposal: In order to maintain comparability and expedite the review process, it is required that proposals be organized in the manner specified below, with the sections clearly labeled: Title page: Show the project name and number, the name of the Proposer's firm, address, telephone number, name of contact person and the date. Table of Contents: Include a clear identification of the material by section and by page. Letter of Transmittal: Briefly state the Proposer's understanding of the project and express a positive commitment to provide the services described herein. State the name(s) of the RFP L-51-16 Page 4 16 DocuSign Envelope ID: F88176F4-349C-4B07-88C9-3158DE87B646 person(s) who will be authorized to make representations for the Proposer, their title(s), office and E-mail addresses and telephone numbers. Please limit this section to two pages. Fees & Costs: Include a concise narrative with sufficient detail indicating the proposed approach to providing the required services, including a description of the types and qualities of service that would be provided. Provide a cost for each of the major services provided along with the estimated number of expected work hours for each qualified staff. Proposer shall itemize all costs to complete all and necessary tasks as described under Scope of Services. Costs associated with travel as well as miscellaneous expenses should be adequately described. Proposers must include the chart below and provide the cost per hour, extended cost and mark-up in their response. Description Est. Hours Cost/Hour Extended Cost Cost per hour for work completed during 500 $ qp �� $ 3 Oi ODD. 03 regular work times, M-F, 7:00 am. -4:00 p.m. Cost per hour for work completed during 100 $ t o a $ u 0 'Op all other times other than above Mark-up Proposers cost of materials, multiplied by r'—�-- mark-up for profit, overhead, etc. (Example $4,000 x 1.144,400.00) Note: The above hourly rates and materials mark-up % will remain in effect for the entire tern of the contract. Schedule: Proposer shall provide a timeline that highlights proposed tasks that will meet all applicable deadlines. , References: Submit a client reference list, including name of contact, firm and/or governmental entity, address, telephone number and type of service provided to each reference. Litigation: Disclose any litigation within the past five (5) years arising out your firm's performance. City Forms: The RFP Proposer Information Page Form and any other required forms must be completed and submitted electronically through the City's eBid System. 7. Insurance RFP L-51-16 Page 5 17 DocuSign Envelope ID: F88176F4-349C-4B07-88C9-3158DE87B646 The insurance described herein reflects the insurance requirements deemed necessary for this contract by the City. It is not necessary to have this level of insurance in effect at the time of submittal, but certificates indicating that the insurance is currently carried or a letter from the Carrier indicating upgrade ability will speed the review process to determine the most qualified Proposer. The successful Proposer(s) shall not commence operations until certification or proof of insurance, detailing terms and provisions of coverage, has been received and approved by the City of Pompano Beach Risk Manager. If you are responding to a bid and have questions regarding the insurance requirements hereunder, please contact the City's Purchasing Department at (954) 786-4098. If the contract has already been awarded, please direct any queries and proof of the requisite insurance coverage to City staff responsible for oversight of the subject project/contract. CONTRACTOR is responsible to deliver to the CITY for timely review and written approval/disapproval Certificates of Insurance which evidence that all insurance required hereunder is in full force and effect and which name on a primary basis, the CITY as an additional insured on all such coverage. Throughout the term of this Agreement, CITY, by and through its Risk Manager, reserve the right to review, modify, reject or accept any insurance policies required by this Agreement, including limits, coverages or endorsements. CITY reserves the right, but not the obligation, to review and reject any insurer providing coverage because of poor financial condition or failure to operate legally. Failure to maintain the required insurance shall be considered an event of default. The requirements herein, as well as CITY's review or acceptance of insurance maintained by CONTRACTOR, are not intended to and shall not in any way limit or qualify the liabilities and obligations assumed by CONTRACTOR under this Agreement. Throughout the term of this Agreement, CONTRACTOR and all subcontractors or other agents hereunder, shall, at their sole expense, maintain in full force and effect, the following insurance coverages and limits described herein, including endorsements. A. Worker's Compensation Insurance covering all employees and providing benefits as required by Florida Statute, Chapter 440, regardless of the size of the company (number of employees) or the state In which the work is to be performed or of the state in which Contractor is obligated to pay compensation to employees engaged in the performance of the work. Contractor further agrees to be responsible for employment, control and conduct of its employees and for any injury sustained by such employees in the course of their employment. B. Liability Insurance 1) Naming the City of Pompano Beach as an additional insured as City's interests may appear, on General Liability Insurance only, relative to claims which arise from Contractor's negligent acts or omissions in connection with Contractor's performance under this Agreement. RFP L-51-16 Page 6 18 DocuSign Envelope ID: F88176F4-349C-4B07-88C9-3158DE87B646 2) Such Liability insurance shall include the following checked types of insurance and indicated minimum policy limits. LIMITS OF LIABILITY each Type of Insurance occurrence aggregate GENERAL LIABILITY: MINIMUM $200,000 per OCCURRENCEI$300,000 AGGREGATE * Policy to be written on a claims incurred basis XX comprehensive form XX premises - operations explosion & collapse hazard _ underground hazard XX products/completed operations hazard XX contractual insurance XX broad form property damage XX independent contractors XX personal injury sexual abuse/molestation bodily injury and property damage bodily injury and property damage bodily injury and property damage combined bodily injury and property damage combined bodily injury and property damage combined personal injury Minimum $1,000,000 Per Occurrence and Aggregate AUTOMOBILE LIABILITY: Minimum $200,000 Per Occurrence and $300,000 Per Aggregate. Bodily injury (each person) bodily injury (each accident), property damage, bodily injury and property damage combined. XX comprehensive form _ owned hired non -owned REAL & PERSONAL PROPERTY comprehensive form Agent must show proof they have this coverage. --- --.-_ --_ EXCESS LIABILITY Per Occurrence Aggregate other than umbrella bodily injury and $1,000,000 $1,000,000 property damage combined PROFESSIONAL LIABILITY Per Occurrence Aggregate XX * Policy to be written on a claims made basis $1,000,000 $1,000,000 RFP L-51-16 Page 7 19 DocuSign Envelope ID: F88176F4-349C-4B07-88C9-3158DE87B646 (3) If Professional Liability insurance is required, Contractor agrees the indemnification and hold harmless provisions of the Agreement shall survive the termination or expiration of the Agreement for a period of three (3) years unless terminated sooner by the applicable statute of limitations. C. Employer's Liability. CONTRACTOR and all subcontractors shall, for the benefit of their employees, provide, carry, maintain and pay for Employer's Liability Insurance in the minimum amount of One Hundred Thousand Dollars ($100,000.00) per employee, Five Hundred Thousand Dollars ($500,000) per aggregate. D. Policies: Whenever, under the provisions of this Agreement, insurance is required of the CONTRACTOR, the CONTRACTOR shall promptly provide the following: (1) Certificates of Insurance evidencing the required coverage; (2) Names and addresses of companies providing coverage; (3) Effective and expiration dates of policies; and (4) A provision in all policies affording CITY thirty (30) days written notice by a carrier of any cancellation or material change in any policy. E. insurance Cancellation or Modification. Should any of the required insurance policies be canceled before the expiration date, or modified or substantially modified, the issuing company shall provide thirty (30) days written notice to the CITY. F. Waiver of Subrogation. CONTRACTOR hereby waives any and all right of subrogation against the CITY, its officers, employees and agents for each required policy. When required by the insurer, or should a policy condition not permit an insured to enter into a pre -loss agreement to waive subrogation without an endorsement, then CONTRACTOR shall notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy which includes a condition to the policy not specifically prohibiting such an endorsement, or voids coverage should CONTRACTOR enter into such an agreement on a pre -loss basis. The successful proposer shall fumish to the City the certification or proof of insurance required by the provisions set forth above, within ten (10) days after notification of award of contract. Certificate(s) to be issued to City of Pompano Beach, Attention Risk Manager, 100 West Atlantic Boulevard. Pompano Beach, Florida, 33060. 8. Selection/Evaluation Process RFP L-51-16 Page 8 20 DocuSign Envelope ID: F88176F4-349C-4B07-88C9-3158DE87B646 A Selection/Evaluation Committee will be appointed to select the most qualified firm(s). The Selection/Evaluation Committee will present their findings to the City Commission and, upon Commission approval, will negotiate a contract with the most qualified firm(s). Proposals will be evaluated using the following criteria. Criteria Point Ranne 1. Experience and Expertise 0-25 Previous related work experience and qualifications in the subject area of personnel assigned. Demonstrates a clear understanding of scope of work and other technical or legal issues related to the project. 2. References 0-20 History and performance of firm/project team on similar projects. References and recommendations from previous clients. 3. Resources and Methodology 0-25 Adequacy of amount of quality resources assigned to the project. Overall approach to project. Consideration of services provided and approach to meeting goals and deadlines. Financial resources. 4. Cost 0-30 Including the overall project -task budget and itemized cost breakdowns. Total 0-100 The Committee has the option to use the above criteria for the initial ranking to short-list Proposers and to use an ordinal ranking system to score short-listed Proposers following presentations (If deemed necessary) with a score of "1' assigned to the short- listed Proposer deemed most qualified by the Committee. Each firm should submit documentation that evidences the firm's capability to provide the services required for the Committee's review for short listing purposes. After an initial review of the Proposals, the City may invite Proposers for an interview to discuss the proposal and meet firm representatives, particularly key personnel who would be assigned to the project. Should interviews be deemed necessary, it is understood that the City shall incur no costs as a result of this interview, nor bear any obligation in further consideration of the submittal. When more than three responses are received, the committee shall furnish the City Commission (for their approval) a listing, in ranked order, of no fewer than three firms deemed to be the most highly qualified to perform the service. If three or less firms respond to the RFP, the list will contain the ranking of all responses. The City Commission has the authority to (including, but not limited to); approve the recommendation; reject the recommendation and direct staff to re -advertise the solicitation; or, review the responses themselves and/or request oral presentations and determine a ranking order that may be the same or different from what was originally presented to the City Commission. RFP L-51-16 Page 9 21 DocuSign Envelope ID: F88176F4-349C-4B07-88C9-3158DE87B646 9. Hold Harmless and Indemnification Proposer covenants and agrees that it will indemnify and hold harmless the City and all of its officers, agents, and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the Proposer, whether direct or indirect, or whether to any person or property to which the City or said parties may be subject, except that neither the Proposer nor any of its subcontractors will be liable under this section for damages arising out of injury or damage to persons or property directly caused by or resulting from the sole negligence of the City or any of its officers, agents or employees. 10. Retention of Records and Right to Access The selected firm shall maintain during the term of the contract all books of account, receipt invoices, reports and records in accordance with generally accepted accounting practices and standards. The form of all records and reports shall be subject to the approval of the City's Internal Auditor. Recommendation for changes, additions, or deletions by the City's Internal Auditor must be complied with by the selected firm. The City's Internal Auditor must be permitted during normal business hours to audit and examine the books of account, reports, and records relating to this contract. The selected firm shall maintain and make available such records and files for the duration of the contract and retain them until the expiration of three years after final payment under the contract. 11. Communications No negotiations, decisions, or actions shall be initiated or executed by the firm as a result of any discussions with any City employee. Only those communications, which are in writing from the City, may be considered as a duly authorized expression on behalf of the City. In addition, only communications from firms that are signed and in writing will be recognized by the City as duly authorized expressions on behalf of firms. 12. No Discrimination There shall be no discrimination as to race, sex, color, age, religion, or national origin in the operations conducted under any contract with the City. 13. Independent Contractor The selected firm will conduct business as an independent contractor under the terms of this contract. Personnel services provided by the firm shall be by employees of the firm and subject to supervision by the firm, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this agreement shall be those of the firm. 14. StaAssignment RFP L-51-16 Page 10 22 DocuSign Envelope ID: F88176F4-349C-4B07-88C9-3158DE87B646 The City of Pompano Beach reserves the right to approve or reject, for any reasons, Proposer's staff assigned to this project at any time. Background checks may be required. 16. Contract Terms The contract resulting from this RFP shall include, but not be limited to the following terms: The contract shall include as a minimum, the entirety of this RFP document, together with the successful Proposer's proposal. Contract shall be prepared by the City of Pompano Beach City Attorney. If the City of Pompano Beach defends any claim, demand, cause of action, or lawsuit arising out of any act, action, negligent acts or negligent omissions, or willful misconduct of the contractor, its employees, agents or servants during the performance of the contract, whether directly or indirectly, contractor agrees to reimburse the City of Pompano Beach for all expenses, attorney's fees, and court costs incurred in defending such claim, cause of action or lawsuit. 16. Waiver It is agreed that no waiver or modification of the contract resulting from this RFP, or of any covenant, condition or limitation contained in it shall be valid unless it is in writing and duly executed by the party to be charged with it, and that no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration, or litigation between the parties arising out of or affecting this contract, or the right or obligations of any party under it, unless such waiver or modification is in writing, duly executed as above. The parties agree that the provisions of this paragraph may not be waived except by a duty executed writing. 17. Survivorship Riahts This contract resulting from this RFP shall be binding on and inure to the benefit of the respective parties and their executors, administrators, heirs, personal representative, successors and assigns. 18. Termination The contract resulting from this RFP may be terminated by the City of Pompano Beach without cause upon providing contractor with at least sixty (60) days prior written notice. Should either party fail to perform any of its obligations under the contract resulting from this RFP for a period of thirty (30) days after receipt of written notice of such failure, the non -defaulting part will have the right to terminate the contract immediately upon delivery of written notice to the defaulting part of its election to do so. The foregoing rights of termination are in addition to any other rights and remedies that such party may have. 19. Manner of Performance RFP L-51-16 Page 11 23 DocuSign Envelope ID: F88176F4-349C-4B07-88C9-3158DE87B646 Proposer agrees to perform its duties and obligations under the contract resulting from this RFP in a professional manner and in accordance with all applicable local, federal and state laws, rules and regulations. Proposer agrees that the services provided under the contract resulting from this RFP shall be provided by employees that are educated, trained and experienced, certified and licensed in all areas encompassed within their designated duties. Proposer agrees to furnish the City of Pompano Beach with all documentation, certification, authorization, license, permit, or registration currently required by applicable laws or rules and regulations. Proposer further certifies that it and its employees are now in and will maintain good standing with such governmental agencies and that it and its employees will keep all license, permits, registration, authorization or certification required by applicable laws or regulations in full force and effect during the term of this contract. Failure of Proposer to comply with this paragraph shall constitute a material breach of contract. 20. Acceptance Period Proposals submitted in response to this RFP must be valid for a period no less than ninety (90) days from the closing date of this solicitation. 21. RFP Conditions and Provisions The completed proposal (together with all required attachments) must be submitted electronically to City on or before the time and date stated herein. All Proposers, by electronic submission of a proposal, shall agree to comply with all of the conditions, requirements and instructions of this RFP as stated or implied herein. All proposals and supporting materials submitted will become the property of the City. Proposer's response shall not contain any alteration to the document posted other than entering data in spaces provided or including attachments as necessary. By submission of a response, Proposer affirms that a complete set of bid documents was obtained from the eBid System or from the Purchasing Division only and no alteration of any kind has been made to the solicitation. Exceptions or deviations to this proposal may not be added after the submittal date. All Proposers are required to provide all information requested in this RFP. Failure to do so may result in disqualification of the proposal. The City reserves the right to postpone or cancel this RFP, or reject all proposals, if in its sole discretion it deems it to be in the best interest of the City to do so. The City reserves the right to waive any technical or formal errors or omissions and to reject all proposals, or to award contract for the items herein, in part or whole, if it is determined to be in the best interests of the City to do so. The City shall not be liable for any costs incurred by the Proposer in the preparation of proposals or for any work performed in connection therein. 22. Standard Provisions RFP L-51-16 Page 12 24 DocuSign Envelope ID: F88176F4-349C-4B07-88C9-3158DE87B646 a. Governing Law Any agreement resulting from this RFP shall be governed by the laws of the State of Florida, and the venue for any legal action relating to such agreement will be in Broward County, Florida. b. Licenses in order to perform public work, the successful Proposer shall: Be licensed to do business in Florida, if an entity, and hold or obtain such Contractor' and Business Licenses if required by State Statutes or local ordinances. C. Conflict Of Interest For purposes of determining any possible conflict of interest, each Proposer must disclose if any Elected Official, Appointed Official, or City Employee is also an owner, corporate officer, or an employee of the firm. If any Elected Official, Appointed Official, or City Employee is an owner, corporate officer, or an employee, the Proposer must file a statement with the Broward County Supervisor of Elections pursuant to §112.313, Florida Statutes. d. Drua Free Workplace The selected firm(s) will be required to verify they will operate a "Drug Free Workplace" as set forth in Florida Statute, 287.087. e. Public Entity Crimes A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Florida Statute, Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Patent Fees. Royals, And LcengSs If the selected Proposer requires or desires to use any design, trademark, device, material or process covered by letters of patent or copyright, the selected Proposer and his surety shall indemnify and hold harmless the City from any and all claims for infringement by reason of the use of any such patented design, device, trademark, copyright, material or process in connection with the work agreed to be performed and shall indemnify the City from any cost, expense, RFP L-51-16 Page 13 25 DocuSign Envelope ID: F88176F4-349C-4B07-88C9-3158DE87B646 royalty or damage which the City may be obligated to pay by reason of any infringement at any time during or after completion of the work. g. Permits The selected Proposer shall be responsible for obtaining all permits, licenses, certifications, etc., required by federal, state, county, and municipal laws, regulations, codes, and ordinances for the performance of the work required in these specifications and to conform to the requirements of said legislation. h. Familiarity With Lavers It is assumed the selected firm(s) will be familiar with all federal, state and local laws, ordinances, rules and regulations that may affect its services pursuant to this RFP. Ignorance on the part of the firm will in no way relieve the firm from responsibility. L Withdrawal Of Proposals A firm may withdraw its proposal without prejudice no later than the advertised deadline for submission of proposals by written communication to the General Services Department, 1190 N.E. 3°' Avenue, Building C, Pompano Beach, Florida 33060. j. Composition Of Proiect Team Firms are required to commit that the principals and personnel named in the proposal will perform the services throughout the contractual term unless otherwise provided for by way of a negotiated contract or written amendment to same executed by both parties. No diversion or substitution of principals or personnel will be allowed unless a written request that sets forth the qualifications and experience of the proposed replacement(s) is submitted to and approved by the City in writing. k. Invoicing/Payment All invoices should be sent to City of Pompano Beach, Accounts Payable, P.O. Drawer 1300, Pompano Beach, Florida, 33061. In accordance with Florida Statutes, Chapter 218, payment will be made within 45 days after receipt of a proper invoice. Public Records 1. The City of Pompano Beach is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law, as amended. Specifically, the Contractor shall: a. Keep and maintain public records required by the City in order to perform the service; RFP L-51-16 Page 14 26 DocuSign Envelope ID: F88176F4-349C-4B07-88C9-3158DE87B646 b. Upon request from the City's custodian of public records, provide the City with a copy of requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City, and d. Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the Contractor, or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records in a format that is compatible with the information technology systems of the City. 2. Failure of the Contractor to provide the above described public records to the City within a reasonable time may subject Contractor to penalties under 119.10, Florida Statutes, as amended. PUBLIC RECORDS CUSTODIAN IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 100 W. Atlantic Blvd., Suite 253 Pompano Beach, Florida 33060 (954) 7864611 RecordsCustodian6kopM.com 23. Questions and Communication RFP L-51-16 Page 15 27 DocuSign Envelope ID: F88176F4-349C-4B07-88C9-3158DE87B646 All questions regarding the RFP are to be submitted in writing to the Purchasing Office, 1190 N.E. 3rd Avenue, Building C (Front), Pompano Beach, Florida 33060, fax (954) 786-4168, or email purchasing pAcopbfl.cor,�r . All questions must include the inquiring firm's name, address, telephone number and RFP name and number. Questions must be received at least seven (7) calendar days before the scheduled solicitation opening. Oral and other interpretations or clarifications will be without legal effect. Addenda will be posted to the RFP solicitation in the eBid System, and if is the Proposer's responsibility to obtain all addenda before submitting a response to the solicitation. 24. Addgnda The issuance of a written addendum is the only official method whereby interpretation, clarification, or additional information can be given. If any addenda are Issued to this RFP solicitation the addendum will be issued via the eBid System. It shall be the responsibility of each Proposer, prior to submitting their response, to contact the City Purchasing Office at (954) 786-4098 to determine if addenda were issued and to make such addenda a part of their proposal. Addenda will be posted to the RFP solicitation in the eBid System. RFP L-51-16 Page 16 28 DocuSign Envelope ID: F88176F4-349C-4B07-88C9-3158DE87B646 COMPLETE THE PROPOSER INFORMATION FORM ON THE ATTACHMENTS TAB IN THE EBID SYSTEM. PROPOSERS ARE TO COMPLETE THE FORM IN ITS ENTIRITY AND INCLUDE THE COMPLETED FORM IN YOUR PROPOSAL THAT MUST BE UPLOADED TO THE RESPONSE ATTACHMENTS TAB FOR THE RFP IN THE ESID SYSTEM. PROPOSER INFORMATION PAGE RFP- L-0-16, Repairs and Calibration of Flow Meters and Related Devices To: The City of Pompano Beach, Florida The below named company hereby agrees to furnish the proposed services under the terms stated subject to all instructions, terms, conditions, specifications, addenda, legal advertisement, and conditions contained in the RFP. I have read the RFP and all attachments, Including the specifications, and fully understand what is required. By submitting this proposal, I will accept a contract if approved by the City and such acceptance covers all terms, conditions, and specifications of this proposal. Proposal submitted by: j ` �] 1 Name (printed)-S.Iaf'eW 5C06.66 Title VQ t Srn%7:s�,&La- Company (Legal Registered) 1n L. C r,n'� rd iSNL Federal Tax Identification Number 6-1 Xct 1( ! Address , , I a. n City/State/Zip ,og Y L 3333 Telephone No. 95q S("K- 9 t0i-3 Fax No. 543- C>9t l Email Address eL. eDuo -4, 1. G G 13e 1,Se : A f± RFP 1.,-51-16 Page 17 29 DocuSign Envelope ID: F88176F4-349C-4B07-88C9-3158DE87B646 � P.C. Controls Inc IP C132 NE 306 Street, Wilton Manors, FL 33334 CONTROLS Phone: (954) 568-9663 Fax: (954) 563-0919 xr-zC= &mail: pccontrolsinc@bellsouth.net City of Pompano Beach 1205 NE 5th Ave Pompano Beach, FL 33060 Attn: Purchasing Department RE: Rates and Fees These rates are reflective of PC Controls contracted rates and are lower than rates currently being provided to customers not under contract. Labor rates are for hours between 7 am and 4 pm Monday through Friday. Please see Pompano RFQ provided table for Overtime rates, included in initialed RFQ, page 4, which is attached and part of this proposal. Rates: Lead Technician $60.00 an hour On occasion when site personnel is unable to assist there may be a need for a second technician to be onsite with the Lead Technician — such as confined space. Technician 2 $30.00 an hour Note: Please be aware that PC Controls charges and minimum of 3 hours on service calls. Material 1.2 (in no case will PC Controls charge more than this for material) Mark-up Freight charges will be prepaid and added to related invoices Certification All Transmitter Types $49.00 each Fees: Travel Time: Technician rate will be charged both ways (portal to portal). Fuel Surcharge $10.00 / per visit (Broward County) Note: this fee was suspended at the beginning of 2016 fiscal year and we reserve the right to reinstate it should fuel costs increase to unacceptable levels. Sincerely Norman P. Conaway P.C. Controls Inc 30 DocuSign Envelope ID: F88176F4-349C-4B07-88C9-3158DE87B646 P.C. Controls Inc IF> 132 NE 306' Street, Wilton Manors, FL 33334 CONTROLS Phone: (954) 568-9663 Fax: (954) 563-0919 x1_j C__ E-mail: pccontroisinc@bellsouth.net City of Pompano Beach 1205 NE 5th Ave Pompano Beach, FL 33060 Attn: Purchasing Department RE: RFP# L-51-16 - Repairs & Calibration of Flow meters and Related Devices PROPOSAL To whom this may concern, We are pleased to submit our proposal for "Repair & Calibration of Flow meters and Related Devices". This proposal is provided per the scope of work detailed in RFP# L- 51-16 dated June 9, 2016. It is understood that this bid is for a contact period of one (1) year and renewable for three (3) additional one (1) year contract periods with approved modifications if any. Scone of Services P.C. Controls, Inc (PCCI) is capable of providing you the customer (CITY) with quality repair and calibration of Flowmeters and related devices for the City of Pompano Beach Utilities Department (PBWTP). We feel that we are able to state this based on past service provided to the water plant and the familiarity with the equipment resulting from the service. PCCI can provide calibration and other related services to all types, makes and models, of Flow Meters, Level Transducers, Pressure Transmitters, Process Control Instrumentation including Remote Terminals and all data transmitting devices used in these processes at PBWTP, PB RE -USE Plant, Well fields and other field locations/operations (identified collectively as PBWTP in this proposal from this point forward) - Calibrations will be conducted and documented as needed during normal operations of PBWTP on an ongoing basis. Formally documented calibrations (Certifications) should be conducted at least annually to satisfy any obligations to monitoring agencies such as South Florida Water Management District (SFWM). Copies of certification documents are attached and made part of this document, these documents are approved documents for these monitoring agencies. This alone does not ensure that PBWTP is working properly. PCCI has instituted a "Flow Meter Accounting Method" that monitors Influent and Effluent equipment to verify that water coming into PBWTP equals the amount of water going out. Performing this check can reveal the possibility of a problem before it has a chance to develop into something much larger. 31 DocuSign Envelope ID: F88176F4-349C-4B07-88C9-3158DE87B646 In the event any equipment needs to be repaired or replaced and all efforts have been used to correct the situation. Any repairs that need to be made that involves removing CITY owned equipment from PBWTP will be sent to manufacturers for repair using all due caution. Repair costs will be passed on to CITY at markup to cover any handling of such equipment. Equipment needing replaced in the event that no CITY stock is available to use as a replacement, will be provided at markup. Equipment replaced will be replaced with new equipment equaling or surpassing the equipment being replaced. Equipment that could be provided by an alternate manufacturer to the original equipment, due either to obsolescence or cost savings will meet or exceed original equipment specifications and will only be acquired with PBWTP approval. All related documentation will be provided to PBWTP. PCCI offers to the CITY our services for PBWTP with a response time of 24 hours along with 24 hour emergency on -call services. Additionally, a report will be provided on a monthly basis to a designated party summarizing the work that was completed for PBWTP, including any items that may need further corrective action and equipment calibrations. PCCI will provide these services at rates and markup as seen on the attached `Rates and Fees" as well as those detailed in the provided table included in initialed RFQ, page 5, which is attached and part of this proposal and remain in effect for the contract period. PCCI also warrants its work for services provided in the following manner. Equipment — PCCI provides that all equipment it installs is warranted by the manufacturer and ensures that said equipment is repaired accordingly for CITY. Any installation performed by PCCI in which the manufacturers' equipment is not the result of a failure, and only if PCCI was responsible for the failure, labor costs resulting from the corrective action will be not be charged. Qualifications PCCI is a service -oriented company working primarily in the Water and Wastewater industry in Florida and has been providing services to these customers since 1997. PCCI has a vast knowledge of all types of instrumentation, including Flow, Pressure, Level and pH. Our experience comes from all phases of work — Installation, Maintenance, Repairs and Calibrations. PCCI uses test equipment/instrumentation and technology that is considered among the best in the industry for providing these services. All equipment is maintained at or above manufacturers' specification and calibration equipment used to certify the accuracy of CITY equipment is itself certified and meets or exceeds MIST standards. Certifications for test equipment are maintained and available at CITY requests. MSDS for industry calibration standards (pH, Conductivity et al) are available at CITY requests. 32 DocuSign Envelope ID: F88176F4-349C-4B07-88C9-3158DE87B646 From Flowmeters to Level transmitters to recording devices like Chart recorders or Totalizers, from stand-alone applications to a complete loop including remote operation PCCI should be your first call. PCCI not only will we be able to satisfy any instrumentation needs but can also work on many other industry equipment needs including valve actuators, pump controls, VFD's and others to many to mention. We calibrate and certify equipment and provide documentation of the calibrations that will meet CITY or other regulatory agencies specific needs. PCCI uses equipment that either meets or exceeds NIST standards to provide the most accurate calibrations. PCCI provides proof of calibration with both a sticker, with the date of calibration on the equipment, and a "certificate" kept on file for a minimum of 3 years. PCCI helps keep your equipment in compliance by notification when the calibrations are due and scheduling them within any needed timeframe. P.C. Controls is not a manufacturer's distributor so it is not obligated to provide CITY with a solution from a single line of product but will provide a solution that best fits PBWTP needs and budget. PCCI operates under the Broward County License 329- 0031043 and attached certificate of competency. PCCI a Local Business is SBE certified in Broward County and a copy of that certification is attached to this bid. This along with the attached Qualification Statement and other associated proposal doctunents should clarify any questions regarding the Firms ability and eligibility to perform services for CITY. In addition PCCI agrees to subject to any required background check. Proof of Insurance coverage is provided and attached to satisfy the requirements of CITY special conditions. PCCI does not carry Worker's Compensation and is not required to do so according to Florida Law. A copy of the Exemption for the owner as well as a copy of a waiver letter that is on file at CITY currently is attached for your reference. PCCI does however provide full medical benefits to its employees. PCCI agrees to hold CITY harmless as defined in the "Indemnification" paragraphs of RFP# L-51-16 and agrees to other paragraphs not specifically addressed in this proposal but referenced in the aforementioned RFP. Mark-up: PCCI uses only a mark-up of 1.2. This markup is applied to the cost of any purchases or repairs made on behalf of or for CITY. Under no circumstances will a mark-up greater than that stated previously be used. PCCI discounts from manufacturers and distributors often provide pricing less than list price even after the mark-up is applied. Sincerely Norman P. Conaway P.C. Controls Inc 33 DocuSign Envelope ID. F88176F4-349C-4B07-88C9-3158DE87B646 F.C. ControlsInc IF> 132 NE 301h Street, Wilton Manors, FL 33334 CONTROLS Phone: (954) 568-9663 Fax: (954) 563-0919 _11-j C= E-mail: pccontrolsinc(abellsouth.net City of Pompano Beach 1205 NE 5th Ave Pompano Beach, FL 33060 Attn: Purchasing Department RE: RFP# L-51-16 - Repairs & Calibration of Flow meters and Related Devices REFERENCES To whom this may concern, We are pleased to submit our references which are current customers in the industry. 1.) City of Coral Springs 3800 NW 85th Ave Coral Springs, FL 33065 Contact: Brian Heller 954 345-2162 2,) Village of Palm Springs 226 Cypress Lane Palm Springs, FL 33461 Contact: Don Ray 561 965-4022 3.) City of .Dania Beach 100 W Dania Beach Blvd Dania Beach, FL 33004 Contact: Phil Skidmore 954 924-6800 X3616 M DocuSign Envelope ID- F88176F4-349C-4B07-88C9-3158DE87B646 IP P.C. Controls Inc 132 NE 30's Street, Wilton Manors, Fl. 33334 CONTROLS Phone: (954) 5611-9663, Fax: (954) 563-4919 INS E-mail: pccontrolsinc@belisouth.net Certified Flow Meter Test Record Customer: Consumptive Use Permit # Test Site District ID# Contact Number Meter Model Serial# Meter Accessories Pipe Information Material Line Size OD Thickness WT Transducer Spacing Distance from Meter installation is Test Information using Fuji Porte -Flow Ultrasonic Flowmeter Test performed Q GPM Initial Meter Reading at Calibration Start: X End: 1C Gallons Totalized in Seconds Average GPM Test Meter Reading at Calibration Start: 0 X 1End: X !— Gallons Totalized in Seconds Average GPM Meter Tested at % Accuracy Last Meter Test Last Accuracy Comments: Prior to calibration meter was reading % of test meter — Site meter read GPM and test meter read GPM. Performed By: Date: This is to certify that the above listed equipment has been calibrated and meets or exceeds all published specifications. Calibration was performed using standards and/or instrumentation whose accuracy are traceable to the N.I.S.T. Signature 35 DocuSign Envelope ID: F88176F4-349C-4B07-88C9-3158DE87B646 EXHIBIT B INSURANCE REQUIREMENTS CONTRACTOR shall not commence services under the terms of this Agreement until certification or proof of insurance detailing terms and provisions has been received and approved in writing by the CITY's Risk Manager. If you are responding to a bid and have questions regarding the insurance requirements hereunder, please contact the City's Purchasing Department at (954) 786-4098. If the contract has already been awarded, please direct any queries and proof of the requisite insurance coverage to City staff responsible for oversight of the subject project/contract. CONTRACTOR is responsible to deliver to the CITY for timely review and written approval/disapproval Certificates of Insurance which evidence that all insurance required hereunder is in full force and effect and which name on a primary basis, the CITY as an additional insured on all such coverage. Throughout the term of this Agreement, CITY, by and through its Risk Manager, reserve the right to review, modify, reject or accept any insurance policies required by this Agreement, including limits, coverages or endorsements. CITY reserves the right, but not the obligation, to review and reject any insurer providing coverage because of poor financial condition or failure to operate legally. Failure to maintain the required insurance shall be considered an event of default. The requirements herein, as well as CITY's review or acceptance of insurance maintained by CONTRACTOR, are not intended to and shall not in any way limit or qualify the liabilities and obligations assumed by CONTRACTOR under this Agreement. Throughout the term of this Agreement, CONTRACTOR and all subcontractors or other agents hereunder, shall, at their sole expense, maintain in full force and effect, the following insurance coverages and limits described herein, including endorsements. A. Worker's Compensation Insurance covering all employees and providing benefits as required by Florida Statute, Chapter 440. CONTRACTOR further agrees to be responsible for employment, control and conduct of its employees and for any injury sustained by such employees in the course of their employment. B. Liability Insurance. (1) Naming the City of Pompano Beach as an additional insured as CITY's interests may appear, on General Liability Insurance only, relative to claims which arise from CONTRACTOR's negligent acts or omissions in connection with CONTRACTOR's performance under this Agreement. (2) Such Liability insurance shall include the following checked types of insurance and indicated minimum policy limits. DocuSign Envelope ID: F88176F4-349C-4B07-88C9-3158DE87B646 Type of Insurance Limits of Liability GENERAL LIABILITY: Minimum 1,000,000 Per Occurrence and $2,000,000 Per Aggregate * Policy to be written on a claims incurred basis XX comprehensive form bodily injury and property damage XX premises - operations bodily injury and property damage explosion & collapse hazard underground hazard XX products/completed bodily injury and property damage combined operations hazard XX contractual insurance bodily injury and property damage combined XX broad form property damage bodily injury and property damage combined XX independent CONTRACTORS personal injury XX personal injury sexual abuse/molestation Minimum $1,000,000 Per Occurrence and Aggregate liquor legal liability Minimum $1,000,000 Per Occurrence and Aggregate --------------------------------------------------------------------------------------------------------------------- AUTOMOBILE LIABILITY: I X I Minimum $1,000,000 Per Occurrence and $2,000,000 Per Aggregate. Bodily injury (each person) bodily injury (each accident), property damage, bodily injury and property damage combined. XX comprehensive form Minimum $10,000/$20,000/$10,000 XX owned (Florida's Minimum Coverage) XX hired XX non -owned REAL & PERSONAL PROPERTY comprehensive form EXCESS LIABILITY other than umbrella PROFESSIONAL LIABILITY Agent must show proof they have this coverage. bodily injury and property damage combined * Policy to be written on a claims made basis Per Occurrence Aggregate $2,000,000 $2,000,000 Per Occurrence Aggregate $1,000,000 $1,000,000 --------------------------------------------------------------------------------------------------------------------- (3) If Professional Liability insurance is required, CONTRACTOR agrees the indemnification and hold harmless provisions set forth in the Agreement shall survive the DocuSign Envelope ID. F88176F4-349C-4B07-88C9-3158DE87B646 termination or expiration of the Agreement for a period of three (3) years unless terminated sooner by the applicable statute of limitations. C. Employer's Liability. If required by law, CONTRACTOR and all subcontractors shall, for the benefit of their employees, provide, carry, maintain and pay for Employer's Liability Insurance in the minimum amount of One Hundred Thousand Dollars ($100,000.00) per employee, Five Hundred Thousand Dollars ($500,000) per aggregate. D. Policies: Whenever, under the provisions of this Agreement, insurance is required of the CONTRACTOR, the CONTRACTOR shall promptly provide the following: (1) Certificates of Insurance evidencing the required coverage; (2) Names and addresses of companies providing coverage; (3) Effective and expiration dates of policies; and (4) A provision in all policies affording CITY thirty (30) days written notice by a carrier of any cancellation or material change in any policy. E. Insurance Cancellation or Modification. Should any of the required insurance policies be canceled before the expiration date, or modified or substantially modified, the issuing company shall provide thirty (30) days written notice to the CITY. F. Waiver of Subrogation. CONTRACTOR hereby waives any and all right of subrogation against the CITY, its officers, employees and agents for each required policy. When required by the insurer, or should a policy condition not permit an insured to enter into a pre -loss agreement to waive subrogation without an endorsement, then CONTRACTOR shall notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy which includes a condition to the policy not specifically prohibiting such an endorsement, or voids coverage should CONTRACTOR enter into such an agreement on a pre -loss basis. DocuSign Envelope ID: F88176F4-349C-4B07-88C9-3158DE87B646 ACORO® CERTIFICATE OF LIABILITY INSURANCE �►� DATE(MM/DDNYYY) 12/23/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Sena & Whitney LLC 190 Glades Rd Suite C Boca Raton, FL 33432 CONTACT NAME: William Mennitt PHONE 561-210-8715 FAX a/c No: 561-210-8716 E-MAIL ADDRESS: WITlennitt@thesenagrOUp.COm INSURE S AFFORDING COVERAGE NAIC # INSURER A: Nautilus Insurance Co INSURED INSURER B: Nationwide Ins Co of America P C CONTROLS, INC. INSURER C: 132 NE 30TH STREET WILTON MANORS, FL 33334 INSURER D: INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: OOOI S-1069475 REVISION NUMBER- 13 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR OF INSURANCE ADDLSUEIRTYPE INSD MD POLICY NUMBER MM/DD POLICY EFF Y MPML/DIo/YYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Fx_] OCCUR Y NN1075909 12/29/2019 12/29/2020 EACH OCCURRENCE $ 1,000,000 DA AGE TO PR M SES EaEoccurrence) $ 500,000 MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 X POLICY ❑ JECOT- DLOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER B AUTOMOBILE LIABILITYCOBINED ACP5994885942 10/27/2019 10/27/2020 Eaaaen SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED X AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB DIED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER EL EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? N / A E L DISEASE- EA EMPLOYE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E L DISEASE- POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER IS ADDITIONAL INSURED WITH RESPECTS TO COMMERCIAL GENERAL LIABILITY AS THEIR INTEREST MAY APPEAR WHEN REQUIRED BY WRITTEN CONTRACT. APPROVED - - By Danielle Thorpe of B.- am, ug 12, 2020 CITY OF POMPANO BEACH 1205 NE 5TH AVE. POMPANO BEACH, FL 33060 L7_1. Lei3111 ■tu Lei SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Printed by WIM on December 23, 2019 at 10 17AM DocuSign Envelope ID: F88176F4-349C-4B07-88C9-3158DE87B646 City of Pompano Beach, Purchasing 4b. Division1190 N.E. 3rd Avenue, Building C Pompano Beach, Florida, 33060 2005 Date: 9-24-2019 To: PC Controls, Inc. 132 NE 301' Street Wilton Manors Fl. 33334 Dear Mr. Conway, Your company has fewer than four employees, and you have elected not to purchase Workers' Compensation insurance to cover these employees. The State of Florida allows your company to operate without this insurance, however, you are required by the State to "post clear written notice in a conspicuous location at each worksite directed to all employees and other persons performing services at the worksite of their lack of entitlement to benefits" as described in Chapter 440 of the Florida Statutes. The City of Pompano Beach requires: ALL CONTRACTORS MUST AGREE TO BE RESPONSIBLE FOR THE EMPLOYMENT, CONTROL AND CONDUCT OF THEIR EMPLOYEES AND FOR ANY INJURY SUSTANIED BY SUCH EMPLOYEES IN THE COURSE OF THEIR EMPLOYMENT. Please sign the area below acknowledging your compliance with the above requirements. Return this original letter to the Purchasing office, Building C, 1190 N.E. 3 Avenue, Pompano Beach, 33060. Very truly yours, Lori Frund Office Asst.11 COPB - UFO APPROVED s By Jamuti Smith at 11:08 aria, Sep 30, 2019 PC Controls, Inc. has posted notice(s) declaring the absence of Workers' Compensation insurance coverage, as required by the State of Florida. PC Controls, Inc. agrees to be responsible for the emplo ent, control and conduct of our employees and for any injury sustained by such o e emplsA?tthe couWof their employment. gnature ? Date .cA(j1rS Name Ad Title (print) AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND P.C. CONTROLS, INC., A FLORIDA CORPORATION, FOR REPAIR AND CALIBRATION OF FLOW METERS AND RELATED DEVICES FOR THE CITY OF DANIA BEACH, FLORIDA WATER TREATMENT PLANT AND SEWER FACILITIES UNDER THE CITY OF POMPANO BEACH, FLORIDA AGREEMENT (RFP NO. L-51-16) This is an Agreement (the "Agreement") between the City of Dania Beach, Florida, a Florida municipal corporation ("City") and P.C. Controls, Inc., a Florida corporation ("Contractor"), with a mailing address of 132 Northeast 30th Street, Wilton Manors, Florida 33334. In consideration of the mutual covenants, terms and conditions contained in this Agreement, and other good and valuable consideration, the adequacy and receipt of which are acknowledged and agreed upon, the parties agree to the following: 1. The agreement existing between the Contractor and the City of Pompano Beach and any amendment(s) to it, under an award by the City of Pompano Beach of a project (the agreement, related RFP No. L-51-16 and the contract renewal letter dated August 25, 2020, copies of which are attached as composite Exhibit "A", and made a part of and are incorporated into this Agreement by this reference), shall be considered as part of this Agreement between the City and the Contractor; provided, however, that if Contractor contracts with any other governmental agency in the South Florida area and service rates are lower than those afforded to the City of Pompano Beach, or any city in the area for these same services, then Contractor shall provide such lower service rates to the City. 2. The goods and services to be provided to the City consist of repair and calibration of flow meters and related devices for the City of Dania Beach water treatment plant and sewer facilities. 3. The term of this Agreement shall be retroactive to September 13, 2020 through and including August 26, 2021. 4. That in all other respects, the terms of the Pompano Beach agreement documents apply to this Agreement. SIGNATURES ON FOLLOWING PAGES 1 IN WITNESS of the foregoing, the parties have executed this Agreement on , 2020. ATTEST: THOMAS SCHNEIDER, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY 2 CITY: CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation LORI LEWELLEN MAYOR ANA M. GARCIA, ICMA-CM CITY MANAGER WITNESSES: Signature PRINT Name Signature PRINT Name STATE OF FLORIDA) COUNTY OF BROWARD) CONTRACTOR: P.C. CONTROLS, INC., a Florida corporation Signature PRINT Name Title Dated: , 2020 The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, on 2020, by as of P.C. CONTROLS, INC., Florida corporation, on behalf of the corporation. He is personally known to me or has produced as identification. 3 Notary Public, State of Florida Print Name