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HomeMy WebLinkAboutR-2018-173 City Authorizing Agreement w/ P.C. Controls, Inc. for Repair & Calibration of Flow Meters & Related Devices for Water Treatment Plant & Sewer Facilities Using Pricing from City/Pompano Bch RESOLUTION NO. 2018-173 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 WATER TREATMENT PLANT AND SEWER FACILITIES USING AVAILABLE PRICING FROM THE CITY OF POMPANO BEACH RFP L-51- 16 WITH P.C. CONTROLS, INC. FOR FISCAL YEAR 2018-2019, FOR FUTURE REPAIRS THAT 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 he 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 and one of its vendors have given permission to the City of Dania Beach to utilize available pricing under 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 September 14, 2018 through September 13, 2019, 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 Public Services Director 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 ($25,000.00) purchase threshold for a single vendor for Fiscal Year 2019 which Agreement is attached as Exhibit `B", and it is made a part of and is incorporated into this Resolution by this reference. Section 3. That all Department purchases from P.C. Controls, Inc. shall be subject to and made within each Department's approved annual budget appropriation. Section 4. That the City Manager and City Attorney are authorized to make minor revisions to the related documents which are deemed necessary and proper and in the best interest of the City. Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6. That this Resolution shall become effective upon its passage and adoption. PASSED and ADOPTED on December 11, 2018. ATTEST: THOMAS SCHNEIDER, CMC LJRf LE ELLEN CITY CLERK �� MAYOR q$t►sHED1� APPROVED AS FORM AND CORRECTNESS: THOMA J.tKAbR CITY ATTO EY 2 RESOLUTION#2018-173 NO RESOLUTION . 2016- 290 S CITY OF POMPANO BEACH Broward County,Florida A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A SERVICE CONTRACT BETWEEN THE CITY OF POMPANO BEACH AND P.C. CONTROLS, INC. PROVIDING FOR REPAIRS, CALIBRATION AND/OR REPLACEMENT OF FLOW METERS AND RELATED PLAN DEVICES AT THE WATER TREATMENT PLANTS;; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA: SECTION 1. That a Contract between the City of Pompano Beach and P.C. Controls, Inc., providing for repairs, calibration and/or replacement of flow meters and related devices, a copy of which Contract is attached hereto and incorporated by reference as if set forth in full, is hereby approved. SECTION 2. That the proper City officials are hereby authorized to execute said Contract between the City of Pompano Beach and P.C. Controls, Inc. SECTION 3. This Resolution shall become effective upon passage. PASSED AND ADOPTED this 13th day of September 12016, ISHE , t 1AYOR ATTEST: ASCELETA HAMMOND, CITY CLERK rm, 8/11/16 I:reso/2016-280 I SERVICE CONTRACT THIS AGREEMENT is made and entered into this 14 t h day of September , 2016, by the CITY OF POMPANO BEACH, hereinafter referred to as"City"and P.C. Controls,Inc., a Florida corporation. WHEREAS, City requires services which Contractor is capable of providing, under the terms and conditions hereinafter described or referenced; and WHEREAS, Contractor is able and prepared to provide such services as City does hereinafter require, under those terms and conditions set forth. NOW, THEREFORE, in consideration of those mutual promises and the terms and conditions set forth hereafter, the parties agree as follows: 1. Contract Documents. The Contract Documents consist of this Agreement; Exhibit "A"— Scope of Work; Exhibit `B" insurance requirements, if needed; and all written change orders and modifications issued after execution of this Agreement. These form the Contract and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. 2. Purpose. City hereby contracts with Contractor to provide the following services: Repairs, Calibration and Replacement of new and existing Flow Meters and Related Plant Instrumentation Devices upon the terms and conditions herein set forth in the advertised RFP L-51- 16. 3. Scope of Work. Contractor will provide the services to be rendered as submitted and set forth in Exhibit "A", attached hereto and by reference incorporated herein and made a part hereof. 4. Term of Contract. This Contract shall be for a term of one (1) year or less beginning with the date this Contract is fully executed by both parties. 5. Renewal. In the event City determines the Contractor to be in full compliance with this contract and Contractor's performance to be satisfactory, then City with City Commission approval, shall have the option to renew this contract for three (3) additional one year periods upon the written consent of both the City and the Contractor, and provided that City will provide notification within sixty(60)days of termination date of its intention. 6. Maximum Obligation. City agrees to pay Contractor in consideration for its services described herein. It is the intention of the parties hereby to insure that unless otherwise directed by the City in writing, Contractor will continue to provide services as specified in Exhibit "A" for the term of the contract. 7. Price Formula. City agrees to pay Contractor for performance of the services set forth in this Agreement and RFP L-51-16 submittal by P.C. Controls as follows: Payment of Not to Exceed Fixed Fee of$60.00 per hour for work completed during regular work times M-F 7:00a-4:00p OR Not to Exceed Fixed Fee of$89.00 per hour for work completed all other times than above AND Materials Markup Not to Exceed Fixed Fee of 1.2 times cost(20%) FOR AN ANNUAL LABOR COST NOT TO EXCEED THE AMOUNT OF$100,000.00 8. Invoices. Contractor shall submit the invoices to City, if requested by City, as follows: Invoices shall be submitted on a monthly basis or on Completion of work or/and delivery of materials. 9. Payment. All payments by the City shall be made after the service has been provided. All invoices shall be submitted to the City for approval and payment will be issued within forty-five(45) days of submittal. 10. Disputes. A. 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. B. Any action brought against either party to enforce this Agreement will be brought in Broward County, Florida. 11. Communications. All notices hereunder and communications with respect to this Agreement shall be effective upon the mailing thereof to the persons named below. If to Contractor: P.C. Controls, Inc. Norman Conaway 132 NE 30'h Street Wilton Manors,FL 3334 If to City: City of Pompano Beach City Manager P. O. Box 1300 Pompano Beach,Florida 33060 12. Information and Documents. All information, data, reports, as are existing, if any, and necessary for carrying out the work as outlined in Exhibit "A" hereof, shall be furnished to Contractor without charge by City, and City shall cooperate in the carrying out of the work without undue delay. 13. Termination. This Agreement may be terminated without cause by either party upon thirty (30) days written notice to the other party. 14. Force Maieure. Contractor shall not be held responsible for losses, delays, failure to perform or excess costs caused by events beyond the control of the Contractor. Such events may include, but are not restricted to the following: Acts of God; fire, epidemics, earthquake, flood or other natural disaster; acts of the government; riots, strikes, war or civil disorder; unavailability of fuel. 15. Insurance. Throughout the term of this Agreement, Contractor shall procure and maintain liability insurance in the type and amounts set forth in Exhibit `B" attached hereto. Such insurance shall specify that it is issued on an "occurrence" basis. Contractor shall name City as additional insured on said policies and shall provide evidence of such insurance. Such policies shall provide that they may not be canceled without at least thirty(30) days notice to City. 16. Indemnity. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. The parties agree that one percent(1%) of the total compensation paid to Contractor for the work of the contract shall constitute specific consideration to Contractor for the indemnification to be provided under the contract. 17. Assignment. Contractor shall not assign all or any portion of this Agreement without the prior written consent of the City, and it is agreed that said consent must be sought in writing by Contractor not less than fifteen(15) days prior to the date of any proposed assignment. 18. 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. 19. 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. 20. 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. 21. 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. 22. Mutual 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. 23. 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. 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(a7copbfl.com 24. Governing. This Agreement has been and shall be construed as having been made and delivered within the State of Florida, and it is agreed by each party hereto that this Agreement shall be governed by the laws of the State of Florida, both as to interpretation and performance. Any action at law, or in equity, shall be instituted and maintained only in courts of competent jurisdiction in Broward County, Florida. 25. Waiver. Any waiver of any breach of the covenants herein contained to be performed by Contractor shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the City from declaring a forfeiture for any succeeding breach either of the same condition or covenant or otherwise. 26. 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. 27. Headings. The headings or titles to sections 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. 28. 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 City hereby promises and agrees with the Contractor to employ and does employ the Contractor to provide the materials, if any, and to do and cause to do and be done the above- described work and to complete and finish the same according to the attached plans and specifications and the terms and conditions herein contained and hereby contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices hereto attached, at the time and in the manner and upon the conditions provided for in this contract. The Contractor for himself and for his heirs, executors, administrators, successors and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. It is further provided that no liability shall be attached to the City by reason of entering into this contract, except as expressly provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year hereinabove written. Witnesses: CITY OF POMPANO BEACH IS YOR r— By. ENNIS W. BEACH,CITY ER Atte ; ASCELETA HA ND,CITY CLERK (SEAL) APPROVED AS T FO E. ITY ATTORNEY STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this 14 t h day of September , 20 16 by LAMAR FISHER as Mayor, DENNIS W. BEACH as City Manager, and ASCELETA HAMMOND as City Clerk of the City of Pompano Beach, Florida, a municipal corporation,on behalf of the municipal corporation,who i onally known to me. NOTARY'S SEAL: NOTARY PUBLIC, STATE OF FLORIDA .�..a..:��.. Kervin Alfred FT, KERVIN ALFRED -, Notary Public State of er Typed,Printed or Stamped) 5 My Comm.Expires Sep21,2t)16fCommission#EE 203126;' Bonded Through National Notuy]FloridaAaan. "CONTRACTOR" P.C. Controls Inc. Witnesse/s:�_, . 5 t B .��•- Print Name: 1y,4A W Rj �✓tJ.g�� y (Print e Title: PRe:5.7 Aeal f ZOO NVR Business License No. fo X- d 7 (Print or Type Name) STATE OF FLORIDA COUNTY OF , ,� The foregoing instrument was acknowledged before me this / day of 2016, by as 12rz-e � d O-A , - of �7 ��r-, �L S_. , a Florida corporation on behalf of the corporation. He/she is personally known to me or who has produced N�err dc� Dv; VQ-Ir 5 L--;c-z .-l5w_ (type of identification)as identification. NOTARY'S SEAL: N11 ARY IUBLfC, STATt OF FLORIDA n:5C OSWZELAYA (Name of Acknowledger Ty ed, Printed or Stamped) * * MY COMMISSION t FF 117427 EXPIRES:Apd]28,2018 BondedTAru Budget Notary Senkes FF Commission Number Exhibit A Proposal 8 JPO C� CC) NTR01, S z <= Repairs&Calibration of Flow meters and Related Devices RFP#L-51-16 Prepared by A C. CONTROLS,INC. 132 NE 30'b Street Wilton Manors,FL 33334 Norman Paul Conaway 954 568-9663 Submitted for your consideration 6130116 9 Table of Contents - Letter of Transmittal - Pompano RFQ - Rates and Fees - Proposal - References - Insurance Certificate - Workers Compensation/Pompano Waiver - Copies of Forms 10 P.C.Controls Inc IF> C� 132 NE 30*Strea,Wilton Manors,FL 33334 CONTROLS Phone:(914)568-9663,Fax:(954)563-0919 _I-j E-mail:pccontrolsinc@bellsouth.net City of Pompano Beach 1205 NE 51h 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 9f 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. p C no 10 rAwbuach. 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 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. l',logd),July 7. 2016' Proposals must be submitted electronically through the eBid System on or before the due datettime 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 eBid 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./htompanobeachfl.ionwave.net/CurrentSourcinaEvents.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 property 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 tabor, 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-S 1.16 Page 1 13 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-51-1 b Page 2 14 H. Proposer will provide all tabor, and toots necessary to perform calibration and instrumentation repair and/or replacement services by Proposer or Proposer sub- contractor and approved by City. I. To prevent injury to City staff, all equipment and tools, used by Proposer or Proposer sub-contractor, must be property put away when Proposer is not present. Any debris created as a result of the maintertance/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. AN 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. I n the event delivery/service is scheduled to and 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 Progog_m 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 kx;W 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: hqo:i/pomr)anobeachfl.,zQv/index.php/p gesldev 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. 5. Small @usiness EnteMdas Program RFP L-S 1-16 Page 3 15 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 the State of Florida Statute 288.7030). 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 ,pgmpanobeacifl.aov. 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. Reciulred_ProKsal Submittal Submission/Format Requirements Sealed;propels shall be submitted electronically through the e8id System on or before the due date/time 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 Proposees 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 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 $ $ regular work times,M-F,7:00 am.4:00 (00 p.m. Cost per hour for work completed during 100 $ o D $ cn? all other times other than above Mark-up Proposers cost of materials,multiplied by mark-up for profit,overhead,etc. (Example$4,000 x 1.t -$4,400.00) Note:The above hourly rates and materials mark-up%will remain in effect for the entire term 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 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 Citys 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 projecYcontract. 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 atl 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 t.iability 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-51-1 6 Page 6 18 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: M/NIMUN S200,000 per OCCURRENCE4300,000 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 abuselmolestation 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-51.1 b Page 7 19 (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. Emgloyer_s Liability. CONTRACTOR and all subcontractors shall,for the benefit of their employees, provide, carry, maintain and pay for Employees Liability Insurance in the minimum amount of One Hundred Thousand Collars ($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 furnish 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. S. Selection/Evaluation Process RFP L-51-16 Page 8 20 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. Critgria, Point Range 1. Experience and Expertise 0-25 Previous related work experience and qualifications in the subject area of personnel assigned. Demonstrates a dear 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. a. 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 invitee 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 perforrrr the service. If three or less firms respond to the RFP,the N 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 sofratation; or, review the responses therimOves 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-I6 Page 9 21 9. Hold Harmless and Indemnification Proposer covenants and agrees that it will indemnify and hold harmless the City and all of its officer's, 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. CommunigLihons No negotiations, decisions, or actions shalt 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. Staff Assignment RFP L-51-16 Page 10 22 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. 15. 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 Proposefs 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 wiHfui 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 imitation contained in it shall be valid unless it is in writing and duty executed by the party to be charged with it,and that no evidence of arty 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 duly executed writing. 17. SurvlvorshiQ fthts 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(W)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-5 I-16 Page 11 23 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 lawns, 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 certificartion required by applicable lawns 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 con" with all of the conditions, requirements and instructions of this RFP as stated or implied herein. Aai 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 . shall no be liable for an costs incurred the Proposer in the preparation of City sha t Y by po P pa proposals or for any work performed in connection therein. 22. Standard Provisions RFP L-51-16 Page 12 24 a. Govemin4 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. Druo Free Workplace The selected firms) 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 arty 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. f. Patent Fees, SMItie%And LicenMs 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 shah indemnify the City from any cost, expense, R P L-31-16 Page 13 25 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 Laws 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. i. Withdrawal Of Proposals A firm may withdraw its proposal without prejudice no later than the advertised deadline for submission of prods by written communication to the General Services Department, 1190 N.E. Yd Avenue, Building C, Pompano Beach, Florida 33060. j. C2mposition Qf Project Team Firm 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. 1. Publics 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-S l-i 6 Page 14 26 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 as 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 RecordsCustodian(a)copbD.com 23. Quee ons aryd CommUnlcation RFP Ir51-16 Page 15 27 AD 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) 7W4168, or email Purchasing0cDWI.M. 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 it is the Proposer's responsibility to obtain all addenda before submitting a response to the solicitation. 24. Ad ends 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) 7815-4098 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 Pap 16 28 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 EBID SYSTEM. PROPOSER INFORMATION PAGE RFP-L-51-16, 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: ,, rr AS f+ Name(printed) �n 5 Tale V Q I Srf+:n Company(Legal Registered) Q C-. .,Ord ANC Federal Taut Identification Number 1o5 - b7 Wef Address 132 n E _ 3 04" 64 City/State/Zip ,`1 v, Yn,.^ c t=1-- sees`t Telephone No. `�Sy'Susc— 9 toG-3 Fax No. 9:!5N` 6 ``3-C'9l cl Email Address Pin C a.+,�ru 1� [�2 �so n�T RFP L-51-16 Page 17 29 P-C.Controls Inc 132 NE 30*Street,Wilton Manors,FL 33334 CONTROLS phone:(9U)568-9663 Fax~(9s4)563-0919 T "" E-mail:pc=woisinc@bclbouth.net City of Pompano Beach 1205 NE Sth Ave Pompano Beach,FL 33060 Attn:Purchasing Department RE:Rues 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 R]FQ 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$10.001 per visit(Broward County) Note: this fee was su.spen&d at the beginning of 2016,fiscal year and we reserve the right to reinstate it shouldf tel casts increase to unacceptable levels. Sincerely Norman P.Conaway P.C.Controls Inc 30 IP.C.P C7 COMMIS Incw 132 NE 3oiAi Street,Wilton Manors,FL 33334 CONTROLS Phone:(954)56s-9663 Fax.(954)563-0919 INS E-mail:pccoovisinc@be]Lsouth.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 fi+omm 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 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 PBW'fP. 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 equipmentlinstrumentation 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 From Flowmeters to Level transmitters to recording devices lake 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 324- 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 documents 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-S 1-1 b 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 Z 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 P.C.COMOIS Inc IP C� 132 NE 306 SUrd,Wilton Manors,F!, 33334 CONTROLS Phone:(954)161-9663 Fax:(954)363-0919 I I-IT C-- E-mail:pccmtrolsinc@bclLsouth.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 561965-4022 3.) City of Dania Beach 100 W Dania Beach Blvd Dania Beach,FL 31004 Contact: Phil Skidmore 954 924-6800 X3616 34 T> C"I P.C.Controls Inc 132 NE 300 Street,Wilton Manors,FL 33334 CONTROLS Phone:(954)568-9663,Fax:(954)563-0919 E-mail:pccontmisinc@bellsouth.net Certified Flow Meter Test Record Customer. Consumptive Use Permit# Test Site District 1D# 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 Porta-Flow Ultrasonic Flowmeter Test performed @ GPM Initial Meter Reading at Calibration Start: X End: X Gallons Totalized in Seconds Average GPM Test Meter heading at Calibration Start: 0 X_1_End: X—I— Gallons Totalized in Seconds Average GPM Meter Tested at %Accuracy last Meter Test Last Accuracy Comments:Prior to calibration meter was trading %of teat 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 moceds all published specifications. Calibration was performed using standards and/or instrumentation whose accuracy are traceable to the N.I.S.T. Signature 35 r P.C.Controls Inc C� 132 NE 30"Street,Wilton Manors,FL 33334 CONTROLS Plume:(954)415-2123,Fax:(954)563-0919 1 E-mail: ntrolsinc(abellsouth.net Location: Cal.Type: Function: Bate: Technician: DueDate: Interval: Test FAuipinent Used: Transmitter Calibration Data Mfr. Model#: Serial#: Full Scale: Line Sire: Req'd OuW input output(-A) (v) (MA) (4) I3 A Rcma& Receiver Calibration Data Mfr: Model#: Serial#: Full Scale: Dial X: Chart Range: 0/ signal in Req.Ouipul Indication Full mA/Volt GPM/MGD GPMIMGD Scale B A Ranarks 0 25 50 75 100 Totalizer Calibration Datg Mfr: Model#: Serial#: Totalizer Before: Totalizer After: Counter X: %0/ Signal in Rcq.ompa ACL tkstput Time per Full mANolt count Count Test Scdc B A Remarks 50 100 0 This is to cm fy that the above listed equipment has been calibrated and mom or exceeds all published specifications. Calibration was performed using standards and/or instrumentation whose acauacy are traceable to the N_I.S.T. Signature 36 Weekly Flow Accounting Log Hate Raw Effluent + Concentrate storage =Adjusted Effluent %of Total Effluent i Date Storage 8 - St A = Storage Amount x Factor Gal added to Stora e 37 Exhibit B Insurance 38 PCCON-C OP lb:WM CERTIFICATE OF INABILITY INSURANCE °"p MMIS THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTMHCATE HOLDER.THIS CERTIFICATE DOES NOT AFFIREA71VELY OR NEGATIVELY AMEtiO, EKTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSUREMS), AUTHORIZED REPItMITATIVE OR PRODUCER,AND THE CER11FICA'TE HOER. IMPORTANT, Kthe certificate holder is an ADDITIONAL INSURED,the pnlIcy(Iss)mint be andorsed. M SUBROGATION IS WAIVED,sti*d to the how and eonOilana of the Paley.certain Policies may requ"an andocumQN. A stab ma i an this csrllkam does not cordor rights to Lim cattecale helper In gm of such endorsam s SSsne&��e�,�LL Corp OA4a1 .661.210�8715 :561:2`10�S716 84 GladesB d Sulta C Boca Raton,FL 33432 AFFORDING COvM"E NAIC r VMAM A:NauWus Insurance Co 17370 elosaop PsCrtyControls,Inc. Noon a:NabonwMe Ms Co Of America 132 NE 3M Street NOU1E1t c Wltton Manors,FL 33M oduR 1 O: INI~E: N/lAlElt F COVERAGES CERTIFICATE NUMBER: RIFIVISION NUMBER: THIS I5 TO CERTIFY THAT THE POLICES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE NMIRED 14AMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWtTHSTMD1 N3 ANY REOUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUk*NT 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 MAYHAVE BEEN REDUCED BY PAD CLAWS. TYFB OF N!1/MN[i mw FoUIGY HUNT ER LAWS A X CownwaIw omm L UAnny EACH OCCURRENCE S 11000, a.AN WADE Q OCCUR X NOW3096 12llf MS 12/2Ir2015 P4iQltA' 1 RM cdt TE en I �.MED EAP(Arty am*psrwl S 3. PERSOIW 6 ACW NJAY S 1, GENt AGGREGATE UNIT APPLIES PER. GENERAL AGGREGATE. S 2,000,001 PRO- X POLICY E]jEa 0 LOC PRODUCtS.WWOOPAGG S 2,000, OTHER: S AuroroeaELMvamr e E.«cdwI1 B AwAUTO PM25e5411IMM2 1W2712o1S 10rZFrM6 8MLYNJfitYtPwperow"m S ALL 'OWNEDx A SCHEDULED INJURY.URY IPw mecdenty f HIRE?AUTOS :.NL0 4S+4tN4a PW 10"A0/N AMA - S S E" OCCUR EACH OCCURRENCE f CLAIMS-MADE AGGREGATE ETENTKlNf S eIGNemmi ATIOM PER Arsf ampLa" 'LL1BaJTY YIN STATUTE TINY PRl1PRsETtiRIE)rfxP tT YUTIVE ?F7. MIA (E 1 EACH ACCICE(I $ t ie 4MCI � 'E.L.04SEASE-EAEI0',("YEE S WIN T OFOPERATtCN1SWow EL.DISEASE-POL Iry ANT I T opopw A wI ocATmmIva4c.EO(ACOIa)Wr,AO/reIM111eeNlApie�MAM�YOp Nsl�ngwhn0u►A4 LIABILITY AT.S TH19RRIIil'ER�M ALPPPEAARR WWFt HTH QUIR®B TWWTTEN CONTRACT.ERCIAL RTI D POMPAN9 SHOULD ANY OF THE ASCIM DESCRISM PCLKMES BE G#r.EUJ'II SWORE THY: B>ihtAMN DATE THMOP, MCI= WILL BE OCUYERI) 91 CITY OF POMPANO BEACH ACCORDANCE WITH THE POLICY PROVISIM e: 1205 NE 5TH AVE AUlrIOItl 1 FMATME POMPANO BEACH,FL 33060 •1918m 14 ACORD CORPORATION. Ali rights reearve+d. ACORD 25(211141M) The ACORD nwn,o and logo are rogistnad masks of ACORD 39 PLEASE CUT OUT THE CARD BELOW AND RETAIN FOR FUTURE REFERENCE STATE OF FLORIDA IMPORTANTDEP T OF FINANCIAL SERVICES ONTSIONOF COMPENSATIM F Pursuant to Chapter 440.05(14), F.S., an officer of a corporation who NON-CONSTRUCTION INMISTRY O elects exemption from this chapter by filing a certificate of election CERTIFICATE OF ELECTION TO Ise EXEMPT FROM FLORIDA L under this section may not recover benefits or compensation under this WORKERS`COMPENSATION LAW D chapter. EFFECTIVE 02/27/2012 EXPIRAYTION DATE: NIA Ptrsuaiit to Chapter 440.05112). F.S., Certificates of election to be PERSON: NORMAN P CONAWAY H exempt,.. apply only within the scope of the business or trade listed on FEIN; S50799111 R the notice of election to be exempt BUSINESS NAAAE AND ADDRESS: E Pursuant to Chapter 440.05113?, F.S.. Notices of election to be exempt P c coarixOts MC and certificates of election to be exempt dull be Subject to revocation 132 aE 3OT" sT if, at my time after the filing of the notice or the issuance of the WILTON uAaaoats, FL 39334 certificate, the person named on the notice er certificate no longer meets the requhe eats of this section for issuance of a certificate. The department shall revoke a certificate at any time for failure of the SCOPE OF BUSINESS CAR TRADE- person named on the certificate to meet the requirements of this I- OFFICE POACH Oa3TALLlat€FAa 5191 section. QUESTIONS? 1950) 413-1609 CUT HERE a Carry bottom portion on the job, keep upper portion for your records. ]WC-252 CERTIFICATE OF ELECTION TO RE EXEWT REVISED 01-11 40 dab azrm JEFF ATWATER CKIEF FVW4CIAL OFFICER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF MIORIMM COMPENSATION •'CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS'COMPENSATION LAW K"ONSTRUCTION INDUSTRY EXEMPTION This cartitles that the individual listed below has elected to be ezentryt Iforn Floods Vtbrken'Compensation law EFFECTIVE DATE: 12115=14 EXPIRATION DA?E: 12114r2016 PERSON: SCAGGS JERRY E FEW: 660789111 BUSINESS NAME AND ADDRESS: P C CONTROLS INC 132 NE 30TH STREET WILTON MANORS FL 33334 SCOPES OF BUSINESS OR TRADE: OFFICE MACHINE INSTALLATION,I KRrauaft to Ch+p6W 440&414).FS-m~cis mvonmm vAm aroma m mpson from Ilya duper M my saw d abcbon ufdw s*aac(ron MW 00 Iaa mar batwb6 or aarsrtrtaOW tndar stet rJ4WW.Pur=W b C WOW 440.05(12).Vs..Caraaca M d**COW to be*tamp(...apply mW tafpNi the aoapa d fha btxbflet a t adrr Tided on ata nadm d a' — b ba emmv PuauarM b ChWW 440A6(1n F.S.,11-1- d omom to bo aent:I NM 001111calm d 4kc6m is be e>RI M OW be atrtyad b rawt4eort 9,U wry I M agar fly 1"Of MN rAWN or OW barranoa of M GMVka(e, mu parson nand on 2Nt room or aviliiada no longer rtwMa ets mK W WfW to of this aadlon for harranat 018 oartlllwla.71re dspub "Ww revom a DF&F2-DVWC-252 CERTIFICATE OF ELECnOR TO BE EXEMPT REVISED 09-13 QUESTIONS?(8"13-1609 41 ab� i�tctt,i� Wafer fneatraeuutliieueeFb" 120EWE sift Avg Fk te=lo a g6iAUM$1 t OR"Vow Dab:febroory 11.2016 PC Cosabl*bc. 132M 3003tnxd Wftm bbn^FL 33334 Dw .vvendor. Your eampoW has fewar*a four employaesk ad you hxvo sl M4 i ot'o page'{%lo ixW "C40POOMM iauma000 to IK W dteso MlUpbyeee. Thu$00 OfFkd&911M your oozy to oparobe w idu out imanmaey ha --%w.you ans regokW by the 9dee to**M chw wrrbca Balka in a cooWbmus looatiou at sad waiWft 4hvctad to old ciagAvyies and odw pomm pwtmmn wribu st de wa ftho offs -1wk of aodamant to ben~m deam*Md in aup w 44©of die Plarida dos. Ile City of PoaW ma Has b requires: ALL CONTRACTORS MUST ACKM TO BE RSSPONML8 FOR THE EPLOYMENT, CONTROL AND CMOX CT OF Tf#>M EUNLOYMS APM FOR A Y RUMY SUSTARM BY MKR 1 IAYM IN TM COUROX OF TRIM FMI :)Y11ZNT. Pleas sip tb*area blow wA wyvkdgimg year oompUme wft tiro abo+ro regAmm ul Rob an tbk od&d b*w m=at d s Pwswbg offlak BuUft G 1190 N.S.3 Avenue.Pompano Beack 33(rA Ytym hunts an; guidons about dais Iotsar place WepbYodc me at(054)78&4098. Very tr*yours. Lori Fraud. Oboe A*+airsscK A Voa m�e ban 1s aced tsotics(o) dta sbemce��Waab�oss' msm we oovamp,m mquim by dw Sude of Florid&.Voider company s omme agrees 110 be noponsMa for do cop oyma .o=W and coact otcmr aqpbwyea and bbr any i dary sambaed by such anplcyeea i tho omm of dwk empplaymao, S Dole fN Nome and Tilie(prat} r. l av 42 08/08/2017 14:02 FAX [a001 08/08/2017 08:12 9547864168 COPB PURCHASING PAGE 01/01 P^.&-mpano City of Pompano Beach, purchasing Division ,,� J1190 N.E, 3rd Avenue, Building C 0 be *-W,% Pompano Beach, Florida, 33060 Florlde's Warmest WelooMa August 8, 2017 NOrmay Paul Conaway, President P,C, Controls, Inc. 132 NE 30`'Street Wilton Manors,RL 33334 via Facsimile:(954)563-U919 and Email: Dear Mr.Conaway, This letter Is to confirm the City of Pompano Beach Is exercising the contract renewal option with your company for L-51-16"Repairs andCalibration 2017 to September tersa d R2418d Device$.,` This renewal will be for once year from Septdrabs 1 Please advise if a one-year extension of our current contract would be acceptable. If you do not wish to renew you must return this farm to the Purchasing Division at aurchpsi++Ql rQouam by August 21. Thank you for your cooperation in this matter. Call me if you have any questions at(954)796-4098. Thank you for your continued cooperation. Very truly yours, 4 .Ieff English Purchasing Agent file YThereby ag oe to a one-year exter's'on of the subject eotttr4et, beroby A, b vido a one-year extettslon of the subject eont uct. date e rt � GS Name(print) pano City of Pompano Beach, Purchasing Division 1190 N.E. 3rd Avenue, Building C AAr beach=, Pompano Beach, Florida, 33060 Florida's Warmest welcome July 18,2018 Norman Paul Conaway,President P.C.Controls,Inc. 132 NE 30t'Street Wilton Manors,FL 33334 Via Facsimile;(954)563-0919 and Email:pccontrolsincObelisouth.net Dear Mr. Conaway, This letter is to confirm the City of Pompano Beach is exercising the contract renewal option with your company for L-51-16"Repairs and Calibration of Flow Meters and Related Devices." This renewal will be for one year from September 14,2018 to September 13 2019. Please advise if a one-year extension of our current contract would be acceptable. If you do not wish to renew you must return this form to the Purchasing Division at Purchasing copH.com by July 25. Thank you for your cooperation in this matter. Call me if you have any questions at(954)786-4098. Thank you for your continued cooperation. Very truly yours, Jeff4ngiish Purchasing Agent cc: file Ibmvby agree to.a one-year extension of the subject contr ct. !am unable pr vide a one-year extension of the subject contract. Signature Date 6 C-fA do Name(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 30t' 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 July 18, 2018, 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 through and including September 13, 2019. 4. That in all other respects, the terms of the Pompano Beach agreement apply to this Agreement. SIGNATURES ON FOLLOWING PAGES 1 IN WITNESS of the foregoing, the parties have executed this Agreement on 92018. CITY: CITY OF DANIA BEACH, FLORIDA, ATTEST: a Florida municipal corporation THOMAS SCHNEIDER, CMC LORI LEWELLEN CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: ROBERT BALDWIN CITY MANAGER THOMAS J. ANSBRO CITY ATTORNEY 2 WITNESSES: CONTRACTOR: P.C. CONTROLS, INC., a Florida corporation Signature Signature PRINT Name PRINT Name Signature Title Dated: , 2018 PRINT Name STATE OF FLORIDA COUNTY OF Broward The foregoing instrument was acknowledged before me on 2018, by , as of P.C. Controls, Inc., a Florida corporation, on behalf of the company. He/she is personally known to me or has produced as identification. Notary Public, State of Florida Print Name 3