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R26-056 RESOLUTION NO. R26-056 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, APPROVING THE CHEMICALS PURCHASE AND 3 DELIVERY AGREEMENT BETWEEN THE CITY AND AMAYA SOLUTIONS, 4 INC., D/B/A AMERICAN WATER CHEMICALS, INC., FOR ANTISCALANT 5 AND CORROSION INHIBITOR IN THE AMOUNT OF $175,628 6 ANNUALLY;AND FOR ALL OTHER PURPOSES. 7 8 WHEREAS, the City requires membrane Antiscalant (AWC A-102PIus) and a 9 Polyphosphate/Orthophosphate blend (AWC A-782) for use in the operation of its water 10 treatment facilities; and 11 WHEREAS,the City received a proposal from Amaya Solutions,Inc., d/b/a American Water 12 Chemicals,Inc. ("Vendor") for the purchase and delivery of AWC A-102PIus membrane Antiscalant 13 and AWC A-782 Polyphosphate/Orthophosphate corrosion inhibitor for use at the City's water 14 treatment facilities; and 15 WHEREAS, pilot testing conducted in December of 2021 as part of the Pilot Testing and 16 Improvements to Pre-Treatment and NF Membrane Skids at the West Water Treatment Plant 17 study evaluated two scale inhibitor products, including AWC A-102 PLUS, and demonstrated that 18 AWC A-102 PLUS effectively performed under eliminated acid feed conditions and at eighty-five 19 percent (85%) recovery, and was recommended for further consideration in the subsequent 20 conceptual design; and 21 WHEREAS, based on the pilot testing results, the City has standardized the use of AWC 22 A102PLUS as its membrane Antiscalant for water treatment operations to ensure consistent 23 performance and regulatory compliance; and 24 WHEREAS, pursuant to the City's Purchasing Policy, the procurement of AWC A-102 PLUS 25 qualifies as a single-source purchase due to its demonstrated unique suitability for the City's 26 specific operational and technical requirements; and 27 WHEREAS, the City is required to utilize an orthophosphate-based corrosion control 28 inhibitor at its East Water Treatment Plant and West Water Treatment Plant to maintain 29 compliance with the United States Environmental Protection Agency Lead and Copper Rule and 30 to ensure acceptable lead and copper levels within the water distribution system; and 31 RESOLUTION NO. R26-056 32 WHEREAS, the specific Polyphosphate/Orthophosphate blend used by the City, AWC 33 A782, is a proprietary formulation optimized for the City's water quality and treatment processes, 34 and changing such formulation could alter water quality parameters, impact the City's corrosion 35 control program, and require enhanced regulatory monitoring; and 36 WHEREAS, based on these regulatory and operational considerations, the procurement 37 of AWC A-782 polyphosphate/orthophosphate corrosion inhibitor from the Vendor qualifies as a 38 single-source purchase in accordance with the City's Purchasing Policy; and 39 WHEREAS, it is in the best interest of the City to utilize these products in order to provide 40 safe, clean, and healthy water for the residents of Boynton Beach; and 41 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 42 best interests of the City's citizens and residents to approve the Chemicals Purchase and Delivery 43 Agreement between the City and Amaya Solutions, Inc., d/b/a American Water Chemicals, Inc., for 44 Antiscalant and Corrosion Inhibitor in the amount of $175,628 annually. 45 46 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 47 BEACH, FLORIDA, THAT: 48 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 49 being true and correct and are hereby made a specific part of this Resolution upon adoption. 50 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 51 approve the Chemicals Purchase and Delivery Agreement between the City and Amaya Solutions, 52 Inc., d/b/a American Water Chemicals, Inc. for Antiscalant and Corrosion Inhibitor in the amount 53 of$175,628 annually (the "Agreement"), in form and substance similar to that attached as Exhibit 54 A. 55 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 56 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 57 ancillary documents required under the Agreement or necessary to accomplish the purposes of 58 the Agreement, including any term extensions as provided in the Agreement, provided such 59 documents do not modify the financial terms or material terms. RESOLUTION NO. R26-056 60 SECTION 4. The City Clerk shall retain the fully executed Agreement as a public record 61 of the City. A copy of the fully executed Agreement shall be provided to Bryan Heller to forward 62 to the Vendor. 63 SECTION 5. This Resolution shall take effect in accordance with the law. 64 [SIGNATURES ON THE FOLLOWING PAGE] 65 RESOLUTION NO. R26-056 66 PASSED AND ADOPTED this —1 day of1Z- ♦ 2026. 67 CITY OF BOYNTON BEACH, FLORIDA 68 YES NO 69 Mayor– Rebecca Shelton ✓ 70 71 Vice-Mayor–Thomas Turkin ✓ 72 73 Commissioner–Angela Cruz ✓ 74 75 Commissioner– Mack McCray ✓ 76 77 Commissioner–Aimee Kelley ✓ 78 79 VOTE 5 -0 80 ATTEST: 81 82 ? 83 Tammy Star(zione, CN4C-) Rebecca Shelton 84 Interim City Clerk rYNTON`., Mayor 85 <( ,RPORgT� 86 SEAL APPROVED AS TO FORM: :_ 8R (Corporate Seal)2/�' INCORPORATED; i 1920./ l !�!GW �'/Y�� 89 • 90 �.. F .`",,,� Shawna G. Lamb 91 City Attorney \. U 1ON CHEMICALS PURCHASE AND DELIVERY AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND AMERICAN WATER CHEMICALS, INC., FOR ANTISCALANT AND CORROSION INHIBITOR This Agreement is made as of this '7 day of pPr1I , 2026, by and between American Water Chemicals, Inc., with a principal address of 1802 Corporate Center Lane, Plant City, FL 33563, hereinafter referred to as "Vendor," and the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Avenue, Boynton Beach, Florida 33435, hereinafter referred to as "City." In consideration of the mutual benefits, terms, and conditions hereinafter specified, the Parties agree as follows: WHEREAS, the City requires membrane antiscalant (AWC A-102PIus) and a Polyphosphate/Orthophosphate blend (AWC A-782) for use in the operation of its water treatment facilities; and WHEREAS, the City received a proposal from American Water Chemicals, Inc. for the purchase and delivery of AWC A-102PIus membrane antiscalant and AWC A-782 polyphosphate/orthophosphate corrosion inhibitor for use at the City's water treatment facilities; and WHEREAS, pilot testing conducted in December of 2021 as part of the Pilot Testing and Improvements to Pre-Treatment and NF Membrane Skids at the West Water Treatment Plant study evaluated two scale inhibitor products, including AWC A-102 PLUS, and demonstrated that AWC A-102 PLUS effectively performed under eliminated acid feed conditions and at eighty-five percent (85%) recovery, and was recommended for further consideration in the subsequent conceptual design; and WHEREAS, based on the pilot testing results, the City has standardized the use of AWC A- 102PLUS as its membrane antiscalant for water treatment operations to ensure consistent performance and regulatory compliance; and WHEREAS, pursuant to the City's Purchasing Policy, the procurement of AWC A-102 PLUS qualifies as a single-source purchase due to its demonstrated unique suitability for the City's specific operational and technical requirements; and WHEREAS, the City is required to utilize an orthophosphate-based corrosion control inhibitor at its East Water Treatment Plant and West Water Treatment Plant to maintain compliance with the United States Environmental Protection Agency Lead and Copper Rule and to ensure acceptable lead and copper levels within the water distribution system; and 26-031A-American Water Chemicals,Inc. 1 WHEREAS, the specific polyphosphate/orthophosphate blend used by the City, AWC A- 782, is a proprietary formulation optimized for the City's water quality and treatment processes, and changing such formulation could alter water quality parameters, impact the City's corrosion control program, and require enhanced regulatory monitoring; and WHEREAS, based on these regulatory and operational considerations, the procurement of AWC A-782 polyphosphate/orthophosphate corrosion inhibitor from American Water Chemicals, Inc. qualifies as a single-source purchase in accordance with the City's Purchasing Policy; and, WHEREAS, it is the best interest of the City to utilize these products in order to provide safe, clean and healthy water to the residents of Boynton Beach; and, WHEREAS, Vendor has agreed to furnish and deliver the chemicals in accordance with the terms and conditions set forth herein and Vendor's Proposal. NOW THEREFORE, for and in consideration of the mutual covenants and promises as hereinafter set forth and of the faithful performance of such covenants and conditions, the City and Vendor do hereby agree as follows: 1. CHEMICALS AND SCOPE OF SUPPLY: Vendor shall furnish and deliver the chemicals described in Vendor's Proposal, attached hereto as Exhibit A and incorporated into this Agreement by reference (the "Chemicals"). The Chemicals shall: (a) meet or exceed all specifications set forth in Exhibit A; (b) be of first quality, new, and unused; (c) be suitable for the purposes specified; (d) comply with all applicable federal, state, and local laws, regulations, and standards, including but not limited to EPA, FDA, OSHA, DOT, and Florida Department of Environmental Protection requirements; (e) be properly packaged, labeled, and marked in accordance with all applicable regulations; and (f) be accompanied by all required Safety Data Sheets (SDS), certificates of analysis, and other documentation specified in Exhibit A. 2. ORDERING AND DELIVERY PROCEDURES: This Agreement authorizes the City to order Chemicals on an as-needed basis during the Term specified in Section 3. The City shall place orders by email to Vendor. Each order shall specify: (i)the type and quantity of Chemicals; (ii)the delivery location; (iii) the requested delivery date; and (iv) the purchase order number. Vendor shall deliver Chemicals within seven (7) business days of receiving a City purchase order.The City is under no obligation to purchase any minimum quantity of Chemicals during the Term. 3. TERM:This Agreement shall commence upon execution and continue for a period of three (3)year(s),terminating on PPr; 1 b , 202_5_(the "Initial Term"), unless terminated earlier in accordance with this Agreement. The City may, at its sole option, renew this Agreement for up to two (2) additional one-year period(s) upon the same terms and conditions, or with price adjustments as specified in Section 5, by providing written notice to Vendor at least sixty (60) days prior to the expiration of the then-current term. The Mayor is authorized to execute the 26-031A-American Water Chemicals,Inc. 2 term extension amendment(s). If Vendor requests a rate adjustment at the time of renewal, such change shall not become effective until a written amendment is approved by the City Commission and duly executed by the Parties. 4. NOT-TO-EXCEED CONTRACT AMOUNT: The total amount payable to Vendor under this Agreement shall not exceed One Hundred Seventy-Five Thousand Six Hundred Twenty-Eight Dollars ($175,628.00) annually (the "NTE Amount"). The City may order Chemicals on an as-needed basis up to the NTE Amount during the Term. Once the cumulative total of all payments reaches the NTE Amount, the City may not purchase additional Chemicals unless the Parties execute a written amendment increasing the NTE Amount. 5. PRICING:The unit prices for the Chemicals are outlined in Exhibit A and are firm and fixed for the Initial Term. The pricing includes all costs for the Chemicals, packaging, delivery, freight, fuel surcharges, taxes (except as provided in Section 8), environmental fees, and all other charges. No additional charges shall be permitted unless expressly authorized in writing by the City. For any renewal term(s), pricing may be adjusted annually based on the percentage change in the U.S. Producer Price Index for Chemicals and Allied Products (PPI), measured year over year, subject to the City's written approval.The PPI shall be the latest published value available at least 30 days prior to the renewal date. Exhibit B describes the process for calculating index-based price adjustments for renewal terms and provides an example of how the adjustment will be applied. 6. DELIVERY REQUIREMENTS: All Chemicals shall be delivered FOB Destination to the following location(s): West Water Treatment Plant at 5469 Boynton Beach Blvd, Boynton Beach, FL 33437 and East Water Treatment Plant at 1620 S. Seacrest Blvd., Boynton Beach, FL 33435. Delivery hours are Monday through Friday, 7:00 AM to 3:00 PM, excluding City holidays. Vendor shall provide at least twenty-four(24) hours advance notice of delivery.Title and risk of loss shall pass to the City only upon delivery to the specified location and acceptance by the City. Vendor shall be responsible for unloading freight and the City shall be responsible for placement of freight in storage location. Vendor shall ensure that delivery vehicles and personnel comply with all City facility access requirements and safety protocols. Any Chemicals delivered that do not conform to the specifications may be rejected and returned to the Vendor at the Vendor's expense. 7. INSPECTION AND ACCEPTANCE: The City reserves the right to inspect all Chemicals upon delivery and within five (5) days thereafter. Chemicals that fail to meet specifications or are damaged, defective, or non-conforming may be rejected by the City. Upon rejection, Vendor shall, at the City's option: (a) promptly replace the rejected Chemicals at no additional cost; or (b) issue a full refund, including any delivery charges. Acceptance of any delivery shall not constitute a waiver of any warranties or the City's right to later reject non-conforming Chemicals upon discovery of latent defects. The City's payment for Chemicals does not constitute acceptance. 26-031A-American Water Chemicals,Inc. 3 8. PAYMENT TERMS: Payment shall be made within 45 days of receipt of: (1) a proper invoice; and (2) delivery and acceptance of conforming Chemicals, in accordance with the Local Government Prompt Payment Act, Section 218.70 et seq., Florida Statutes. Each invoice shall include: (a) purchase order number; (b) invoice date; (c) description and quantity of Chemicals delivered; (d) unit prices and extended totals; (e) delivery date; (f) delivery location; and (g) cumulative total of all payments to date under this Agreement. Vendor shall provide a W-9 with the first invoice. 9. TAX EXEMPT: Prices applicable to the City do not include applicable state and local sales, use, and related taxes. The City is exempt from state and local sales and use taxes and shall not be invoiced for the same. Upon request,the City will provide the Vendor with proof of tax-exempt status. 10. QUALITY ASSURANCE AND TESTING: Vendor warrants that all Chemicals supplied under this Agreement shall: (a) conform to the specifications in Exhibit A; (b) be manufactured in accordance with applicable industry standards and good manufacturing practices; (c) be free from contamination and adulteration; and (d) be fit for the purposes for which they are intended. The Vendor shall provide a Certificate of Analysis (COA) with each delivery, demonstrating that the Chemicals meet the specified purity, concentration, and quality standards. The City reserves the right to conduct independent testing of the Chemicals at any time. If testing reveals non- conformance, Vendor shall reimburse the City for testing costs in addition to replacing the non- conforming Chemicals. 11. SAFETY DATA SHEETS AND DOCUMENTATION: Vendor shall provide current Safety Data Sheets (SDS) in compliance with OSHA Hazard Communication Standard (29 CFR 1910.1200) for all Chemicals. SDS must be provided: (a) with the initial delivery of each Chemical; (b) with each delivery if requested by the City; and (c) within 24 hours of any request by the City. Vendor shall immediately notify the City in writing of any changes to SDS or chemical formulations. All Chemicals shall be properly labeled in accordance with applicable federal, state, and local requirements, including DOT hazardous materials regulations. 12. HAZARDOUS MATERIALS COMPLIANCE: If the Chemicals constitute hazardous materials under federal, state, or local law, Vendor shall: (a) comply with all applicable laws governing the transportation, handling, storage, and disposal of hazardous materials; (b) ensure that delivery personnel are properly trained and licensed; (c) maintain all required permits and registrations; (d) provide proper placarding and documentation; and (e) be solely responsible for any spills, releases, or contamination occurring during transportation and delivery up to the point of acceptance by the City. 13. EMERGENCY RESPONSE INFORMATION: Vendor shall provide the City with 24-hour emergency contact information for chemical spill response and technical assistance. The Vendor shall maintain this emergency contact information as current and functional at all times during the Term of this Agreement. In the event of a spill, leak, or release of Chemicals during delivery, 26-031A-American Water Chemicals,Inc. 4 Vendor shall immediately initiate appropriate emergency response procedures and notify the City and all required regulatory agencies. 14. PRODUCT SUBSTITUTION: Vendor shall not substitute any Chemical with a different product, formulation, or brand without prior written approval from the City. Any request for substitution must be submitted in writing at least three (3) days in advance and must include: (a) technical specifications for the proposed substitute; (b) SDS for the substitute; (c) certification that the substitute meets or exceeds the original specifications; (d) any price difference; and (e) samples for City testing if requested. The City may accept or reject any proposed substitution in its sole discretion. 15. PRODUCT AVAILABILITY AND SUPPLY CONTINUITY: Vendor represents that it has, or can obtain, adequate supplies of the Chemicals to fulfill the City's requirements under this Agreement. If Vendor becomes unable to supply any Chemical due to manufacturing discontinuation, supply shortage, or other reason, Vendor shall: (a) provide the City with at least three (3)days' advance written notice; (b) propose suitable alternative products at equal or lower pricing; and (c) assist the City in transitioning to an alternative supplier if necessary. Failure to provide adequate notice may be grounds for termination for cause. 16. WARRANTIES: Vendor warrants that: (a) it has good and marketable title to all Chemicals supplied, free and clear of all liens and encumbrances; (b) the Chemicals are merchantable and fit for the particular purposes for which they are intended; (c) the Chemicals conform to all specifications, samples, and descriptions; (d)the Chemicals are free from defects in materials and workmanship; (e) the manufacture, sale, and delivery of the Chemicals does not infringe any patent, trademark, copyright, or other intellectual property right; (f) Vendor has all necessary permits, licenses, and approvals to manufacture, sell, and deliver the Chemicals; and (g) all representations made in Vendor's Proposal are true and accurate. These warranties shall survive delivery, acceptance, and payment. 17. SHELF LIFE AND EXPIRATION: All Chemicals delivered shall have a minimum manufacturer's stated shelf life of six (6) months remaining from the date of delivery. Each container shall be clearly marked with the manufacture date and expiration date. The City may reject any Chemicals that do not meet the minimum remaining shelf-life requirement. 18. NOTICES: All Notices to the City shall be in writing by certified mail return receipt requested, or customarily used overnight transmission with proof of delivery, sent to: City: Daniel Dugger, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 Facsimile: (561) 742-6090 26-031A-American Water Chemicals,Inc. 5 Copy: Shawna G. Lamb, City Attorney City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 Facsimile: (561) 742-6090 Vendor: American Water Chemicals, Inc. 1802 Corporate Center Lane Plant City, FL 33563 Telephone: (813) 246-5448 Email: customerservice@membranechemicals.com For routine ordering and delivery coordination: Ford Babcock Chief Water Plant Operator - West Water Treatment Plant Telephone: (561) 742-6955 Email: BabcockF@bbfl.us Bill Newsome Chief Water Plant Operator- East Water Treatment Plant Telephone: (561) 742-6953 Email: NewsomeW@bbfl.us 19. INVOICES: Invoices must identify the PO number and should be mailed to: Boynton Beach Finance Department Attn: Accounts Payable P.O. Box 310 Boynton Beach, FL 33425 20. SOVEREIGN IMMUNITY: Nothing in this Agreement or herein shall be considered or construed to waive the City's rights and immunities under common law or section 768.28, Florida Statutes, as may be amended. 21. ATTORNEY'S FEES: If either Party sues to enforce the Agreement, each Party shall bear its own attorney's fees and court costs. 22. PUBLIC RECORDS:The City is a public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida's Public Records Law. Specifically, the Vendor shall: 26-031A-American Water Chemicals,Inc. 6 a. Keep and maintain public records required by the City to perform the service; b. Upon request from the City's custodian of public records, provide the City with a copy of the 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, Fla. Stat., or as otherwise provided by law; c. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Vendor shall destroy all copies of such confidential and exempt records remaining in its possession once the Vendor transfers the records in its possession to the City; and d. Upon completion of the contract, the Vendor shall transfer to the City, at no cost to the City, all public records in the Vendor's possession. All records stored electronically by the Vendor must be provided to the City, upon request from the City's custodian of public records, in a format compatible with the City's information technology systems. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK'S OFFICE 100 E. OCEAN AVENUE, BOYNTON BEACH, FLORIDA, 33435, 561-742-6060, CityClerk@bbfl.us. 23. VENUE, JURISDICTION, WAIVER OF JURY TRIAL This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Any legal action, suit, or proceeding arising out of or relating to this Agreement shall be instituted in the appropriate state court in Palm Beach County, Florida,and each Party irrevocably submits to the exclusive jurisdiction of such court in any such action, suit, or proceeding. Any disputes that arise between the Parties regarding the performance of this Agreement and cannot be resolved through negotiations shall be submitted to a court of competent jurisdiction exclusively in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION OR LEGAL PROCEEDING RELATED TO THIS AGREEMENT OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN), OR ACTIONS OF EITHER PARTY. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES TO ENTER INTO THIS AGREEMENT. 24. TERMINATION a. TERMINATION FOR CONVENIENCE: The City may terminate this Agreement for convenience upon fourteen (14) calendar days' written notice. Upon termination,the City shall pay for all Chemicals delivered and accepted prior to the effective date of termination.The City shall have no obligation to accept delivery of any Chemicals ordered 26-031A-American Water Chemicals,Inc. 7 but not yet delivered as of the termination notice date, unless the Vendor can demonstrate that such Chemicals were already in transit or specifically manufactured or acquired for the City's order. b. TERMINATION FOR CAUSE: In addition to all other remedies available to the aggrieved Party,this Agreement shall be subject to cancellation by either Party for cause, should the other Party neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) calendar days after receipt by the defaulting Party of written notice of such neglect or failure. The City may immediately terminate this Agreement for cause if: (a) Vendor delivers Chemicals that fail quality testing; (b) Vendor fails to deliver Chemicals within the required timeframe on two or more occasions; (c) Vendor violates any hazardous materials regulations; or (d) Vendor breaches any warranty. c. Upon termination, this Agreement shall have no further force or effect, and the Parties shall be relieved of all further liability hereunder, except that the provisions of this section and the provisions regarding insurance, warranties, indemnification, governing law, limitation of liability, and any other provisions that by their nature are intended to survive, shall survive termination of this Agreement and remain in full force and effect. 25. INDEMNIFICATION: Vendor shall indemnify and hold harmless the City and its elected and appointed officers, agents, assigns and employees, consultants, separate Vendors, any of their subcontractors, or sub-subcontractors (collectively, "Indemnified Party"), from and against claims, demands, or causes of action whatsoever, and the resulting losses, damages, costs, and expenses, including but not limited to attorneys' fees, including paralegal expenses, liabilities, damages, orders, judgments, or decrees, of any nature arising out of, relating to, or resulting from: (a)the performance of this Agreement; (b) any defect, contamination, or non-conformance of the Chemicals; (c) the transportation, delivery, or storage of the Chemicals; (d) any spill, release, or exposure to the Chemicals; or(e)any breach of warranty or representation by Vendor, caused in whole or in part by any act or omission, negligent, willful, reckless, or otherwise of the Vendor or anyone employed or utilized by the Vendor in the performance of this Agreement. Vendor shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature against an Indemnified Party, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. The obligations of this section shall survive indefinitely regardless of termination of the Agreement. If, in the opinion of the City and the City Attorney, it is necessary, the City may retain any sums due the Vendor under this Agreement until all claims subject to this indemnification obligation have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by the City. 26. INSURANCE: At the time of execution of this Agreement,the Vendor shall provide the City with a copy of its Certificate of Insurance reflecting the insurance coverage set forth in the Insurance Advisory attached hereto as Exhibit C, and incorporated herein by reference. Vendor shall maintain insurance in the amounts as required in Exhibit C during the entire term of the 26-031A-American Water Chemicals,Inc. 8 Agreement. The Certificate of Insurance shall name the City of Boynton Beach and its officers, employees, and agents as additional insureds. 27. LIMITATION OF LIABILITY: Notwithstanding any provision of the Agreement to which it is applicable, City shall not be liable or responsible to Vendor beyond the amount remaining due to Vendor under the Agreement, regardless of whether said liability be based in tort, contract, indemnity or otherwise; and in no event shall City be liable to Vendor for punitive or exemplary damages or lost profits or consequential damages. 28. INDEPENDENT CONTRACTOR: The Agreement does not create an employee/employer relationship between the Parties. The Parties intend that the Vendor is an independent contractor pursuant to the Agreement and shall not be considered the City's employee for any purpose. Vendor shall not have the right to bind the City to any obligation not expressly undertaken by the City under this Agreement. 29. COMPLIANCE WITH LAWS: Vendor hereby warrants and agrees that at all times material to the Agreement, Vendor shall perform its obligations in compliance with all applicable federal, state, and local laws, rules, regulations, and ordinances, including without limitation: (a) EPA regulations; (b) OSHA regulations; (c) DOT hazardous materials regulations; (d) Florida Department of Environmental Protection requirements; (e) section 501.171, Florida Statutes; and (f) all applicable environmental, health, and safety laws. Non-compliance may constitute a material breach of the Agreement. 30. REGULATORY CAPACITY: Notwithstanding the fact that City is a municipal corporation with certain regulatory authority, City's performance under this Agreement is as a Party to this Agreement and not in its regulatory capacity. If City exercises its regulatory authority, the exercise of such authority and the enforcement of applicable law shall have occurred pursuant to City's regulatory authority as a governmental body separate and apart from this Agreement and shall not be attributable in any manner to this Agreement. 31. ASSIGNMENT: If this Agreement and any interests granted herein shall be assigned, transferred, or otherwise encumbered by Vendor, Vendor must gain prior written consent from City thirty (30) business days before such transfer. If Vendor assigns or transfers this Agreement without the City's written consent, the Agreement shall, at the City's option, become null and void. 32. NO LIEN: The Vendor shall not at any time permit any lien, attachment, or any other encumbrance under the laws of the State of Florida, or otherwise, by any person or persons whomsoever to be filed or recorded against the City, against any City property or money due or to become due for any work done or materials furnished under this Agreement by Vendor. 33. AGREEMENT SUBJECT TO FUNDING: The Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the 26-031A-American Water Chemicals,Inc. 9 City Commission of the City of Boynton Beach in the annual budget for the fiscal year of this Agreement, and is subject to termination based on lack of funding. 34. NON-EXCLUSIVE: This Agreement is non-exclusive. City may retain additional entities to provide the same or similar chemicals or may purchase chemicals from other sources. 35. REPRESENTATION OF AUTHORITY: Vendor represents and warrants that this Agreement constitutes the legal, valid, binding, and enforceable obligation of Vendor and that neither the execution nor performance of this Agreement constitutes a breach of any agreement that Vendor has with any third party or violates applicable law. Vendor further represents and warrants that execution of this Agreement is within Vendor's legal powers, and each individual executing this Agreement on behalf of Vendor is duly authorized to execute the same on Vendor's behalf. 36. THIRD-PARTY BENEFICIARIES: Neither Vendor nor City intends to primarily or directly benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no third-party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. 37. MATERIALITY AND WAIVER OF BREACH: Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm's length and is agreed to by the Parties. Each requirement, duty, and obligation set forth in this Agreement is substantial and important to the formation of this Agreement, and each is,therefore, a material term. City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or a modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 38. COUNTERPARTS AND MULTIPLE ORIGINALS: This Agreement may be executed in multiple originals and may be executed in counterparts, whether signed physically or electronically. Each of these shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. 39. FORCE MAJEURE: Neither Party shall be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is caused by force majeure events beyond the reasonable control of such Party, including but not limited to acts of God, hurricane, tornado, fire, flood, earthquake, explosion, war, terrorism, riot, civil disorder, act of any government body, epidemic, pandemic, or other similar causes.The Party affected by such force majeure event shall notify the other Party within a reasonable time after the occurrence of such event and shall use reasonable efforts to minimize the impact of such event. If a force majeure event prevents Vendor from delivering Chemicals for more than thirty (30) days, the City may, in its discretion, terminate this Agreement or purchase substitute chemicals from alternative sources without penalty. 26-031A-American Water Chemicals,Inc. 10 40. NON-DISCRIMINATION: Vendor and any subcontractors shall not discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of this Agreement. 41. CONTROLLING PROVISIONS. Except as otherwise explicitly provided herein, in the event of any conflict between the specific provisions of this Agreement and the requirements or provisions of the Solicitation, any Purchase Order and/or the Proposal, the provisions shall be given precedence in the following order: (1)this Agreement, (2)the Solicitation; (3)the applicable Purchase Order; and (4) the Proposal. Wherever possible, the provisions of the documents shall be construed in such a manner as to avoid conflicts between the provisions of the various documents. 42. ENTIRE AGREEMENT: The Agreement, including the Solicitation, the Proposal, and the Exhibits that are incorporated into this Agreement in their entirety, embodies the entire agreement and understanding of the Parties concerning the subject matter of this Agreement and supersede all prior and contemporaneous agreements and understandings, oral or written, relating to said subject matter. This Agreement may not be modified except by the Parties' mutual agreement set forth in writing and signed by the Parties. 43. SEVERABILITY: If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 44. AMENDMENTS: No amendment, modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the Parties. Any amendment that increases the NTE Amount must be approved by the City Commission. 45. HEADINGS: The headings contained in this Agreement are for the convenience of reference only and shall not affect the interpretation of this Agreement. 46. NO CONSTRUCTION AGAINST DRAFTER: The Parties acknowledge that they have both participated in the negotiation and preparation of this Agreement. Accordingly, this Agreement shall not be construed more strictly against either Party, regardless of which Party was responsible for its preparation. 47. ANTI-HUMAN TRAFFICKING: On or before the effective date of this Agreement, Vendor shall provide City with an affidavit attesting that the Vendor does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. 26-031A-American Water Chemicals,Inc. 11 48. DISCRIMINATORY VENDOR AND SCRUTINIZED COMPANIES LISTS; COUNTRIES OF CONCERN: Vendor represents that it has not been placed on the "discriminatory vendor list" as provided in Section 287.134, Florida Statutes, and that it is not a "scrutinized company" pursuant to Sections 215.473 or 215.4725, Florida Statutes. Vendor represents and certifies that it is not, and for the duration of the Term will not be, ineligible to contract with City on any of the grounds stated in Section 287.135, Florida Statutes, which addresses entities that are on certain specified lists relating to boycotts, state sponsors of terrorism, and countries of concern. 49. VERIFICATION OF EMPLOYMENT ELIGIBILITY: Vendor represents that Vendor and each subcontractor have registered with and use the E-Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute. If the Vendor violates this section,the City may immediately terminate this Agreement for cause. 50. PUBLIC ENTITY CRIME ACT: Vendor represents that it is familiar with the requirements and prohibitions under the Public Entity Crime Act, Section 287.133, Florida Statutes, and represents that its entry into this Agreement will not violate that Act. Vendor further represents that there has been no determination that it committed a "public entity crime" as defined by Section 287.133, Florida Statutes, and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Vendor has been placed on the convicted vendor list. 51. ENTITIES OF FOREIGN CONCERN: The provisions of this section apply only if Vendor or any subcontractor will have access to an individual's personal identifying information under this Agreement. Vendor represents and certifies: (i) Vendor is not owned by the government of a foreign country of concern; (ii) the government of a foreign country of concern does not have a controlling interest in Vendor; and (iii) Vendor is not organized under the laws of and does not have its principal place of business in a foreign country of concern. For purposes of this section, "foreign country of concern" has the meaning set forth in Section 287.138, Florida Statutes. 52. FEDERAL GRANT COMPLIANCE. If any order under this Agreement involves Chemicals funded in whole or in part by federal funds,the Vendor shall comply with all federal requirements applicable to the funding source, including, but not limited to, procurement, reporting, record retention, audit access, and prohibited telecommunications equipment requirements. In the event of any conflict between this Agreement and the federal requirements, the federal requirements will govern and control. 26-031A-American Water Chemicals,Inc. 12 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year set forth below. CITY OF BOYNTON BEACH: VENDOR: American Water Chemicals, Inc. 0. By:/1( By: Print Name: ?„ebe.,Gca Sheba, Print Nne: Ryan Greiner Title: RaLure Title: Chief Financial Officer Date: c..0 CT \ '1. D 0 a CQ Date: 03/05/2026 , Email: rgreiner@membranechemicals.com ATTEST: a/M./My K26/): moo. . City Clerk City Attorney's Office Approved as as to Form By: )G�' alliJ'l�' sa/n �F BOy /i � ••• CORP0•.•0� y mt % A' .. /� % rr ^,n 26-031A-American Water Chemicals,Inc. 13 EXHIBIT A VENDOR PROPOSAL, CHEMICAL SPECIFICATIONS, AND PRICING 26-031A-American Water Chemicals,Inc. 14 au �✓ 1802 CORPORATE CENTER LANE PLANT CITY FL 33563 QUOTATION Original USA Quotation No.: 22034772 Quotation Date: 11/20/25 Valid Until: 03/31/26 Customer No.: C00172 Customer Ref. No.: Page No.: Page 1 of 1 BILL TO SHIP TO VALID UNTIL CITY OF BOYNTON BEACH WEST WTP PO BOX 310 5469 WEST BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 BOYNTON BEACH FL 33437 03/31/26 USA USA Sales Employee: Mason Bass Contact Name: FORD BABCOCK-WEST Ship Via: Terms: Net30 Freight Terms: PREPAID Item No. Description #of Pkgs Quantity Unit Price Tota 4782.600LB AWC A-782,600LB DRUM 124 DRUM 74,400 LBS $1.3700 $101,928.0( 4102PLUS.2500LB AWC A-102 PLUS,2500LB TOTE 22 IBC 55,000 LBS $1.3400 $73,700.0( Subtotal $ 175,628.0( Shipping Tax Total Order Value $ 175,628.0( Remarks: 22034772 QUOTE-JW ESTIMATED LEAD-TIME TO SHIP IS 10 WORKDAYS AFTER RECEIPT OF ORDER hone: 813-246-5448 Fax: 813-623-6678 E-Mail: CUSTOMERSERVICE@MEMBRANECHEMICALS.COM Website: WWW.MEMBRANECHEMICALS.COM Safety data sheet �® according to 29 CFR 1910.1200 AWC®A-782 SECTION 1:IDENTIFICATION 1.1 GHS Product identifier: AWC®A-782 Other means of identification: Not applicable(N/A) 1.2 Recommended use of the chemical and restrictions on use: Relevant uses:Corrosion inhibitor.For professional users/industrial user only. Uses advised against:All uses not specified in this section or in section 7.3 1.3 Name,address,and telephone number of the chemical manufacturer,importer,or other responsible party: American Water Chemicals 1802 Corporate Center Ln 33563 Plant City-FL-USA Phone:(813)246-5448-Fax:(813)623-6678 www.membranechemicals.com 1.4 Emergency phone number: In the US:1-800-255-3924 International:+1 813 248 0585 SECTION 2:HAZARD(S)IDENTIFICATION 2.1 Classification of the substance or mixture: 29 CFR 1910.1200: While this material is not considered hazardous by the OSHA Hazard Communication Standard(29 CFR 1910.1200),this SOS contains valuable information critical to the safe handling and proper use of the product.This SOS should be retained and available for employees and other users of this product. 2.2 Label elements: 29 CFR 1910.1200: None 2.3 Hazards not otherwise classified(HNOC): Not applicable(N/A) SECTION 3:COMPOSITION/INFORMATION ON INGREDIENTS 3.1 Substances: Non-applicable 3.2 Mixtures: Chemical description: Inorganic phosphates Components: According to APPENDIX D TO§1910.1200-Composition/information on ingredients,none of the substances which are classified as health hazards are present above their cut-off/concentration limits SECTION 4:FIRST-AID MEASURES 4.1 Description of necessary measures: Consult a doctor in case of discomfort with this Safety data Sheet. By inhalation: In case of symptoms,move the person affected into fresh air. By skin contact: In case of contact it is recommended to clean the affected area thoroughly with water and neutral soap.In case of changes to the skin(stinging,redness,rashes,blisters,...),seek medical advice with this Safety Data Sheet -CONTINUED ON NEXT PAGE- Date of compilation:9/24/2024 Revised:11/8/2024 Version:2(Replaced 1) Page 1/9 Safety data sheet according to 29 CFR 1910.1200 AWC®A-782 SECTION 4:FIRST-AID MEASURES(continued) By eye contact: Rinse with water until the product has been eliminated.In case of problems,consult a doctor with the SDS of this product. By ingestion/aspiration: In case of consumption in large quantities,it is recommended to seek medical assistance. 4.2 Most important symptoms/effects,acute and delayed: Acute and delayed effects are indicated in sections 2 and 11. 4.3 Indication of immediate medical attention and special treatment needed,if necessary: Not applicable(N/A) SECTION 5:FIRE-FIGHTING MEASURES 5.1 Suitable(and unsuitable)extinguishing media: Suitable extinguishing media: Product is non-flammable,low risk of fire by the inflammability characteristics of the product in normal conditions of storage, manipulation and use.In the case of the existence of sustained combustion as a result of improper manipulation,storage or use any type of extinguishing agent can be used(ABC Powder,water,...) Unsuitable extinguishing media: Non-applicable 5.2 Specific hazards arising from the chemical: Due to its non-flammable nature,the product does not present a fire risk under normal conditions of storage,manipulation and use. 5.3 Special protective equipment and precautions for fire-fighters: Depending on the magnitude of the fire it may be necessary to use full protective clothing and individual respiratory equipment. Minimum emergency facilities and equipment should be available(fire blankets,portable first aid kit,...) Additional provisions: As in any fire,prevent human exposure to fire,smoke,fumes or products of combustion.Only properly trained personnel should be involved in firefighting.Evacuate nonessential personnel from the fire area.Destroy any source of ignition.In case of fire,refrigerate the storage containers and tanks for products susceptible to inflammation.Avoid spillage of the products used to extinguish the fire into an aqueous medium. SECTION 6:ACCIDENTAL RELEASE MEASURES 6.1 Personal precautions,protective equipment and emergency procedures: For non-emergency personnel: Isolate leaks provided that there is no additional risk for the people performing this task. For emergency responders: Wear protective equipment.Keep unprotected persons away.See section 8. 6.2 Environmental precautions: This product is not classified as hazardous to the environment.Keep product away from drains,surface and underground water. 6.3 Methods and materials for containment and cleaning up: For accidental releases in excess of reportables quantities(RQ)(Table 302.4),refer to 40 CFR 302 for detailed instructions concerning reporting requirements and notify the National Response Center(800)424-8802. Absorb the spillage using sand or inert absorbent and move it to a safe place.Do not absorb in sawdust or other combustible absorbents.For any concern related to disposal consult section 13. 6.4 Reference to other sections: See sections 8 and 13. -CONTINUED ON NEXT PAGE- Date of compilation:9/24/2024 Revised:11/8/2024 Version:2(Replaced 1) Page 2/9 Safety data sheet according to 29 CFR 1910.1200 AWC®A-782 SECTION 7:HANDLING AND STORAGE 7.1 Precautions for safe handling: A.-General precautions for safe use Comply with the current legislation concerning the prevention of industrial risks with regards manually handling weights. Maintain order,cleanliness and dispose of using safe methods(section 6). B.-Technical recommendations for the prevention of fires and explosions It is recommended to transfer at a slow speed to avoid the creation of electrostatic charges that could affect flammable products. Consult section 10 for conditions and materials that should be avoided. C.- Technical recommendations on general occupational hygiene Do not eat or drink during the process,washing hands afterwards with suitable cleaning products. D.-Technical recommendations to prevent environmental risks It is not necessary to take special measures to prevent environmental risks.For more information see subsection 6.2 7.2 Conditions for safe storage,including any incompatibilities: A.- Specific storage requirements Minimum Temp.: 33.8°F Maximum Temp.: 120.2°F Maximum time: 24 Months B.- General conditions for storage Avoid sources of heat,radiation,static electricity and contact with food.For additional information see subsection 10.5 7.3 Specific end use(s): Except for the instructions already specified it is not necessary to provide any special recommendation regarding the uses of this product. SECTION 8:EXPOSURE CONTROLS/PERSONAL PROTECTION 8.1 Control parameters: Substances whose occupational exposure limits have to be assessed in the workplace: There are no applicable occupational exposure limits for the substances contained in the product 8.2 Appropriate engineering controls: A.- Individual protection measures,such as personal protective equipment As a preventative measure it is recommended to use basic Personal Protection Equipment.For more information on Personal Protection Equipment(storage,use,cleaning,maintenance,class of protection,...)consult the information leaflet provided by the manufacturer.For more information see subsection 7.1.All information contained herein is a recommendation,the information on clothing performance must be combined with professional judgment,and a clear understanding of the clothing application,to provide the best protection to the worker.All chemical protective clothing use must be based on a hazard assessment to determine the risks for exposure to chemicals and other hazards.Conduct hazard assessments in accordance with 29 CFR 1910.132. B.- Respiratory protection The use of protection equipment will be necessary if a mist forms or if the occupational exposure limits are exceeded. C.- Specific protection for the hands Protective gloves against minor risks Replace gloves in case of any sign of damage.For prolonged periods of exposure to the product for professional/Industrial users,we recommend using chemical protection gloves.Use gloves in accordance with manufacturers use limitations and Mandatory hand OSHA standard 1910.138(29CFR) protection As the product is a mixture of several substances,the resistance of the glove material can not be calculated in advance with total reliability and has therefore to be checked prior to the application. D.- Eye and face protection -CONTINUED ON NEXT PAGE- Date of compilation:9/24/2024 Revised:11/8/2024 Version:2(Replaced 1) Page 3/9 Safety data sheet � ® according to 29 CFR 1910.1200 awc AWC®A-782 SECTION 8:EXPOSURE CONTROLS/PERSONAL PROTECTION(continued) Pictogram a& PPE Remarks (3) Clean daily and disinfect periodically according to the manufacturer's Instructions. Panoramic glasses against splash/projections. Use If there is a risk of splashing.Use this PPE In accordance with manufacturer's Mandatory race use limitations and OSHA standard 1910.133(29CFR) protection E.- Bodily protection Pktogram PPE Remarks Work clothing Replace before any evidence of deterioration. Anti-slip work shoes Replace before any evidence of deterioration. F.- Additional emergency measures It is not necessary to take additional emergency measures. Environmental exposure controls: In accordance with the community legislation for the protection of the environment it is recommended to avoid environmental spillage of both the product and its container.For additional information see subsection 7.1.D 40 CFR Part 59(VOC): V.O.C.(weight-percent): 0%weight V.O.C.at 68°F: 0 kg/m' (0 g/L) California Air Resources Board(CARB)-VOC Regulatory: V.O.C.(weight-percent): 0%weight V.O.C.at 68°F: 0 kg/m' (0 g/L) South Coast Air Quality Management District(AQMD)-VOC Regulatory: V.O.C.(weight-percent): 0%weight V.O.C.at 68°F: 0 kg/m' (0 g/L) Ozone Transport Commission(OTC)Rules-VOC Regulatory: V.O.C.(weight-percent): 0 X weight V.O.C.at 68°F: 0 kg/m' (0 g/L) SECTION 9:PHYSICAL AND CHEMICAL PROPERTIES 9.1 Information on basic physical and chemical properties: For complete information see the product datasheet. Appearance: Physical state at 68°F: Liquid Appearance: Not available Color: Colorless Odor: Odorless Odour threshold: Not applicable(N/A) " Volatility: Boiling point at atmospheric pressure: 212°F Vapour pressure at 68°F: 2350 Pa °Not applicable(N/A)due to the nature of the product,not providing Information property of Its hazards. -CONTINUED ON NEXT PAGE- Date of compilation:9/24/2024 Revised:11/8/2024 Version:2(Replaced 1) Page 4/9 Safety data sheet Ci® according to 29 CFR 1910.1200 AWC®A-782 SECTION 9:PHYSICAL AND CHEMICAL PROPERTIES(continued) Vapour pressure at 122°F: 12381.01 Pa (12.38 kPa) Evaporation rate at 68°F: Not applicable(N/A) " Product description: Density at 68°F: Not applicable(N/A) " Relative density at 68°F: 1.3-1.5 Dynamic viscosity at 68°F: 2.02 cP Kinematic viscosity at 68°F: 1.53 mm'/s Kinematic viscosity at 104°F: Not applicable(N/A) " Concentration: Not applicable(N/A) * pH: 4-7 Vapour density at 68°F: Not applicable(N/A) " Partition coefficient n-octanol/water 68°F: Not applicable(N/A) " Solubility in water at 68°F: Not applicable(N/A) * Solubility properties: Not applicable(N/A) " Decomposition temperature: Not applicable(N/A) " Melting point/freezing point: Not applicable(N/A) * Flammability: Flash Point: Non Flammable(>199.4°F) Flammability(solid,gas): Not applicable(N/A) " Autoignition temperature: Not applicable(N/A) * Lower flammability limit: Not applicable(N/A) * Upper flammability limit: Not applicable(N/A) * Particle characteristics: Median equivalent diameter: Non-applicable 9.2 Other information: Information with regard to physical hazard classes: Explosive properties: Not applicable(N/A) " Oxidising properties: Not applicable(N/A) " Corrosive to metals: Not applicable(N/A) • Heat of combustion: Not applicable(N/A) * Aerosols-total percentage(by mass)of flammable Not applicable(N/A) " components: Other safety characteristics: Surface tension at 68°F: Not applicable(N/A) * Refraction index: Not applicable(N/A) " 'Not applicable(N/A)due to the nature of the product,not providing information property of Its hazards. SECTION 10:STABILITY AND REACTIVITY 10.1 Reactivity: No hazardous reactions are expected because the product is stable under recommended storage conditions.See section 7 from Safety Data Sheet. 10.2 Chemical stability: Chemically stable under the indicated conditions of storage,handling and use. 10.3 Possibility of hazardous reactions: Under the specified conditions,hazardous reactions that lead to excessive temperatures or pressure are not expected. -CONTINUED ON NEXT PAGE- Date of compilation:9/24/2024 Revised:11/8/2024 Version:2(Replaced 1) Page 5/9 Safety data sheet caccording to 29 CFR 1910.1200 AWC®A-782 SECTION 10:STABILITY AND REACTIVITY(continued) 10.4 Conditions to avoid: Applicable for handling and storage at room temperature: Not applicable Not applicable Not applicable Not applicable Not applicable 10.5 Incompatible materials: Water Oxidising materials Avoid strong acids Not applicable Not applicable Not applicable Avoid alkalis or strong bases 10.6 Hazardous decomposition products: See subsection 10.3,10.4 and 10.5 to find out the specific decomposition products. Depending on the decomposition conditions it could be released:Mixture composed of inorganic substances. SECTION 11:TOXICOLOGICAL INFORMATION 11.1 Information on toxicological effects: Dangerous health implications: In case of exposure that is repetitive,prolonged or at concentrations higher than recommended by the occupational exposure limits, it may result in adverse effects on health depending on the means of exposure: A- Ingestion(acute effect): - Acute toxicity:Based on available data,the classification criteria are not met - Corrosivity/Irritability:Based on available data,the classification criteria are not met B- Inhalation(acute effect): - Acute toxicity :Based on available data,the classification criteria are not met - Corrosivity/Irritability:Based on available data,the classification criteria are not met C- Contact with the skin and the eyes(acute effect): - Contact with the skin:Based on available data,the classification criteria are not met - Contact with the eyes:Based on available data,the classification criteria are not met D- CMR effects(carcinogenicity,mutagenicity and toxicity to reproduction): - Carcinogenicity:Based on available data,the classification criteria are not met IARC:Not applicable(N/A) - Mutagenicity:Based on available data,the classification criteria are not met - Reproductive toxicity:Based on available data,the classification criteria are not met E- Sensitizing effects: - Respiratory:Based on available data,the classification criteria are not met - Skin:Based on available data,the classification criteria are not met F- Specific target organ toxicity(STOT)-single exposure: Based on available data,the classification criteria are not met G- Specific target organ toxicity(STOT)-repeated exposure: - Specific target organ toxicity(STOT)-repeated exposure:Based on available data,the classification criteria are not met - Skin:Based on available data,the classification criteria are not met H- Aspiration hazard: Based on available data,the classification criteria are not met Other information: Not applicable(N/A) Product-specific toxicological Information: AMt xlcity Genus LosO oral' *2000 mg/kg Rat -CONTINUED ON NEXT PAGE- Date of compilation:9/24/2024 Revised:11/8/2024 Version:2(Replaced 1) Page 6/9 Safety data sheet _^���® according to 29 CFR 1910.1200 /v%'<) AWC®A-782 SECTION 11:TOXICOLOGICAL INFORMATION(continued) LD50 dermal >2000 mg/kg I Rabbit Specific toxicology Information on the substances: Not available Acute Toxicity Estimate(ATE mix): ATE mix Ingredient(s)of unknown toxicity Inhalation >20 mg/L(4 h)(Calculation method) Non-applicable SECTION 12:ECOLOGICAL INFORMATION The experimental information related to the eco-toxicological properties of the product itself is not available Based on available data,the classification criteria are not met 12.1 Ecotoxicity(aquatic and terrestrial,where available): Not available 12.2 Persistence and degradability: Not available 12.3 Bioaccumulative potential: Not available 12.4 Mobility in soil: Not available 12.5 Results of PBT and vPvB assessment: Non-applicable 12.6 Other adverse effects: Not described SECTION 13:DISPOSAL CONSIDERATIONS 13.1 Disposal methods: IT IS THE RESPONSIBILITY OF THE WASTE GENERATOR TO EVALUATE WHETHER HIS WASTES ARE HAZARDOUS BY CHARACTERISTICS OR LISTING. Waste management(disposal and evaluation): Follow RCRA framework and EPA regulation for to ensure that hazardous waste is managed safely and properly.Waste should not be disposed of to drains.Remind,It is the responsibility of the waste generator to evaluate whether his wastes are hazardous by characteristics or Iisting.See section 6 for further information about Accidental release measures. Regulations related to waste management: Legislation related to waste management: 40 CFR Solid Wastes-Part 239 through 282. State regulatory requirements for generators may be more stringent than those in the federal program.Be sure to check the state's policies. SECTION 14:TRANSPORT INFORMATION This product is not regulated for transport. SECTION 15:REGULATORY INFORMATION 15.1 Safety,health and environmental regulations specific for the product in question: -CONTINUED ON NEXT PAGE- Date of compilation:9/24/2024 Revised:11/8/2024 Version:2(Replaced 1) Page 7/9 Safety data sheet according to 29 CFR 1910.1200 v awc AWC®A-782 SECTION 15:REGULATORY INFORMATION(continued) -CALIFORNIA LABOR CODE-The Hazardous Substances List:Not applicable(N/A) -California Proposition 65(the Safe Drinking Water and Toxic Enforcement Act of 1986)-Birth defects or other reproductive harm: Not applicable(N/A) -California Proposition 65(the Safe Drinking Water and Toxic Enforcement Act of 1986)-Cancer:Not applicable(N/A) -CANADA-Domestic Substances List(DSL):Not applicable(N/A) -CANADA-Non-Domestic Substances List(NDSL):Not applicable(N/A) -Comprehensive Environmental Response,Compensation,and Liability Act(CERCLA)-Reportable Quantities:Not applicable(N/A) -Hazardous Air Pollutants(Clean Air Act):Not applicable(N/A) -Massachusetts RTK-Substance List:Not applicable(N/A) -Minnesota-Hazardous substances ERTK:Not applicable(N/A) -New Jersey Worker and Community Right-to-Know Act:Not applicable(N/A) -New York RTK-Substance list:Not applicable(N/A) -NTP(National Toxicology Program):Not applicable(N/A) -OSHA Specifically Regulated Substances(29 CFR 1910.1001-1096):Not applicable(N/A) -Pennsylvania Worker and Community Right-to-Know Law:Not applicable(N/A) -Protective Action Criteria(PAC)with AEGLs,ERPGs,&TEELs:Not applicable(N/A) -Rhode Island-Hazardous substances RTK:Not applicable(N/A) -The Toxic Substances Control Act(TSCA):Not applicable(N/A) -Toxic chemical release reporting under EPCRA section 313(40 CFR Part 372):Not applicable(N/A) Specific provisions in terms of protecting people or the environment: It is recommended to use the information provided in this safety data sheet as a foundation for conducting workplace-specific risk assessments.These assessments will help establish the appropriate risk prevention measures for handling,using,storing,and disposing of this product. Other legislation: Take into consideration other applicable federal,state,and local laws and local regulations. SECTION 16:OTHER INFORMATION Legislation related to safety data sheets: This safety data sheet has been designed in accordance with Appendix d to§1910.1200-Safety data sheets Texts of the legislative phrases mentioned in section 3: The phrases indicated do not refer to the product itself;they are present merely for informative purposes and refer to the individual components which appear in section 3 29 CFR 1910.1200: Not applicable(N/A) Advice related to training: According to 29 CFR 1910.1200,training on chemical hazards is necessary for employees using this product.This training will facilitate their understanding and interpretation of the safety data sheet,as well as the product label. Principal bibliographical sources: Occupational Safety&Health Administration(OSHA). Abbreviations and acronyms: -CONTINUED ON NEXT PAGE- Date of compilation:9/24/2024 Revised:11/8/2024 Version:2(Replaced 1) Page 8/9 Safety data sheet �® according to 29 CFR 1910.1200 AWC®A-782 SECTION 16:OTHER INFORMATION(continued) IMDG:International maritime dangerous goods code IATA:International Air Transport Association ICAO:International Civil Aviation Organisation COD:Chemical Oxygen Demand BODS:5-day biochemical oxygen demand BCF:Bioconcentration factor LD50:Lethal Dose 50 CL50:Lethal Concentration 50 EC50:Effective concentration 50 Log-POW:Octanol-water partition coefficient Koc:Partition coefficient of organic carbon IARC:International Agency for Research on Cancer Date of compilation:9/24/2024 Revised:11/8/2024 The data contained in this material safety data sheet has been prepared based upon an evaluation of the ingredients contained in the product,their concentrations In the product and potential interactions.The information is offered In good faith and Is believed to be accurate.It Is furnished to the customer who Is urged to study it carefully to become aware of hazards,if any,in the storage, handling,use and disposal of the product;and to ensure their employees are properly informed and advised of all safety precautions required. END OF SAFETY DATA SHEET Date of compilation:9/24/2024 Revised:11/8/2024 Version:2(Replaced 1) Page 9/9 Safety data sheet according to 29 CFR 1910.1200 awc AWC®A-102 Plus SECTION 1:IDENTIFICATION 1.1 Product identifier: AWC®A-102 Plus Other means of identification: Non-applicable 1.2 Recommended use of the chemical and restrictions on use: Relevant uses(Professional users):Scale inhibitor Relevant uses(Industrial user):Scale inhibitor For Professional users/Industrial user only. Uses advised against:All uses not specified in this section or in section 7.3 1.3 Name,U.S.address,and U.S.telephone number of the chemical manufacturer,importer,or other responsible party: American Water Chemicals 1802 Corporate Center In 33563 Plant City-FL-USA Phone:(813)246-5448-Fax:(813)623-6678 www.membranechemicals.com 1.4 Emergency phone number: In the US:1-800-255-3924 International:+1 813 248 0585 SECTION 2:HAZARD(S)IDENTIFICATION 2.1 Classification of the substance or mixture: 29 CFR 1910.1200: Classification of the chemical in accordance with paragraph(d)(1)(i)of 51910.1200 Aquatic Acute 3:Hazardous to the aquatic environment,acute hazard,Category 3,H402 2.2 Label elements: 29 CFR 1910.1200: Hazard statements: Aquatic Acute 3:H402-Harmful to aquatic life. Precautionary statements: P273:Avoid release to the environment. P501:Dispose of contents and/or containers in accordance with regulations on hazardous waste or packaging and packaging waste respectively. 2.3 Hazards not otherwise classified(HNOC): Non-applicable SECTION 3:COMPOSITION/INFORMATION ON INGREDIENTS 3.1 Substances: Non-applicable 3.2 Mixtures: Chemical description: Aqueous solution of organic acids Components: According to APPENDIX D TO§1910.1200-Composition/information on ingredients,none of the substances which are classified as health hazards are present above their cut-off/concentration limits SECTION 4:FIRST-AID MEASURES -CONTINUED ON NEXT PAGE- Date of compilation:7/29/2024 Revised:6/4/2025 Version:3(Replaced 2) Page 1/10 Safety data sheet according to 29 CFR 1910.1200 AWC®A-102 Plus SECTION 4:FIRST-AID MEASURES(continued) 4.1 Description of necessary measures: Consult a doctor in case of discomfort with this Safety data Sheet. By inhalation: In case of symptoms,move the person affected into fresh air. By skin contact: In case of contact it is recommended to clean the affected area thoroughly with water and neutral soap.In case of changes to the skin(stinging,redness,rashes,blisters,...),seek medical advice with this Safety Data Sheet By eye contact: Rinse with water until the product has been eliminated.In case of problems,consult a doctor with the SDS of this product. By ingestion/aspiration: In case of consumption in large quantities,it is recommended to seek medical assistance. 4.2 Most important symptoms/effects,acute and delayed: Acute and delayed effects are indicated in sections 2 and 11. 4.3 Indication of immediate medical attention and special treatment needed,if necessary: Non-applicable SECTION 5:FIRE-FIGHTING MEASURES 5.1 Suitable(and unsuitable)extinguishing media: Suitable extinguishing media: Product is non-flammable under normal conditions of storage,handling and use.In the case of combustion as a result of improper handling,storage or use preferably use polyvalent powder extinguishers(ABC powder),in accordance with the Regulation on fire protection systems. Unsuitable extinguishing media: Non-applicable 5.2 Specific hazards arising from the chemical: Due to its non-flammable nature,the product does not present a fire risk under normal conditions of storage,manipulation and use. 5.3 Special protective equipment and precautions for fire-fighters: Depending on the magnitude of the fire it may be necessary to use full protective clothing and Self Contained Breathing Apparatus. Minimum emergency facilities and equipment should be available(fire blankets,portable first aid kit,...) Additional provisions: As in any fire,prevent human exposure to fire,smoke,fumes or products of combustion.Only properly trained personnel should be involved in firefighting.Evacuate nonessential personnel from the fire area.Destroy any source of ignition.In case of fire,refrigerate the storage containers and tanks for products susceptible to inflammation.Avoid spillage of the products used to extinguish the fire into an aqueous medium. SECTION 6:ACCIDENTAL RELEASE MEASURES 6.1 Personal precautions,protective equipment and emergency procedures: For non-emergency personnel: Isolate leaks provided that there is no additional risk for the people performing this task. For emergency responders: Wear protective equipment.Keep unprotected persons away.See section 8. 6.2 Environmental precautions: Avoid at all cost any type of spillage into an aqueous medium.Contain the product absorbed appropriately in hermetically sealed containers.Notify the relevant authority in case of exposure to the general public or the environment. -CONTINUED ON NEXT PAGE- Date of compilation:7/29/2024 Revised:6/4/2025 Version:3(Replaced 2) Page 2/10 OL/E aged (Z pa)eldaa)E:uo!sJan SZOZ/9/9:Paslnaa 7ZOZ/6Z/L:uol;elldwo,;o a;e0 -391/d IX3N NO 03fNIINO)- pnpad ay;uI paule;uo)sane;sgns ay;Jo;s;lwll aJnsodxa leuol;edn»o alge)lldde ou aJe aJayl :a3eldbpom ay;ui passasse aq o;aney s;Iw1I aJnsodxa leuol;edn»o asoym sa,ue;sgns :sJa;aweJed log;uo3 L 8 NOI1331021d 111NOS213d/S10H1NO3 3Hf1SOdX3:8 NOI133S •;pnpoJd sly;;o sasn ay;$ulpJeSaJ uonepuawwo3aJ Iepads hue apinojd o;/uessa)au;au s!41 pai;nads hpeane suol;3nJ;sui ay;Jo;;da)x3 :(s)asn pua 3I;pads E'L S'OL uolpasgns aas uol;ewJo;ul leuol;lppe Joj•poo;y;Im;pe;uo,pue h;pppala JI;e;s'uol;elpeJ'way;o sa»nos plontl a8eJo;s Jo;suoi;lpuo3 IeJauag -8 sy;uow ryZ :awl;wnwlxeyll A.LIR I. :•dwaj wnwlxein A.WEE :•dwaj wnwlulyy s;uawaJlnbai aSeJo;s 7l;padS -'tl :sal;lllgl;edwo3ul hue Sulpnpu!'aSeJo;s ales Jo;suol;lpuo3 Z'L •h;Iwlxoad asop ul Iepa;ew;uagJosge Sidney se Ilam se'a8eiI!ds;o ase3 w sJapJeq la;uo, uol;eulwe;uo3 Sulule;uo)eaJe ue my;lm;I asn o;papuawwo,aa sl;l;uawuoJlnua ay;Jo;pnpoid sly;;o JaSuep ay;04 an0 sop Ie;uawuoJ!nua;uanaJd o;suol;epuawwo,aJ lenuypaj-•0 •spnpoJd Su neap alge;Ins y;Im spiemiane spuey Sulysem'ssaDoJd ay;Sulinp o!Jp io ea 40U 00 auaiShy leuol;edn»o Ieiaua8 uo suol;epuawwo3aJ le3luypaj -•3 •paplone aq ploys ley;slepa;ew pue suoi;ipuo)Jo;0L uol;gas;lnsuo3 •spnpad algewwel;pane pino3;ey;sa2Jey3 ape;so gala;o uol;ean ay;pone o;paads mots a;e Ja;sueq o;papuawwo,aJ s!41 suolsoldxa pue saJi;;0 uol;uanaJd ay;J0;suopepuawwo3aJ Ie3luy3aj -•8 •(9 u0l;)as)spoy;aw a;es 2ulsn40 asodsip pue ssaullueap'Japio ule;ulew •s;y8lam Sullpuey hllenuew spie$aJ y;lm sop leu;snpul;o uol;uanaJd ay;SuluJa3U0)uol;els!Sal;t amp ay;tom hldwo3 asn ekes 4o;suol;ne)aJd IeJaua9 -tl :Sullpuey ales Jo;suolne3aJd L'L 3911dO1S(INV 9NI10NWH:L NOLD3S 'EL pue 8 suol;las aas :suol;gas Jay;o 04 a3uaJa;aa 17'9 •suol;eln2aJ;uaiun3 o;SulpJo»e a;sem ay;;ea4•pasn aq o;aie hay;j!slenoJdde/uessa)au ay;aney noh aJns anew pue s;uesiadslp Sulsn aJo;aq s;.iadxa;Insuo3 shemltl•sueaw le3luey3aw alge;Ins y;lm pnpoJd ay;pallmm pue peaads s;I IoJ;uo)o;hJ;'alq!ssod;ou sl sly;;I•;uawdlnba Jellwls JO sJapJeq Sulsn Ja;em uado uI aSepids ule;uo3'alglssod1I :saSelllds a2 ei •suopeln2ai;uaiJn3 y;lm a3uepJo33e ul a;sem ay;lean pue uolpallo)Jo;s;uagJosge alge;lns asn•;uawdlnba Jellwls Jo sJapJeg Sulsn a8ell!ds ule;uo3 :sa8eplds hews :eas Jo Ja;em Li!sa2ell!dS •uol;elsl8al;uaJIn3 04 SulpJo»e 4!aSeuew pue sJaule;uo3 a;e!JdoJdde ul;pnpoJd ay;Pallo3•s;uagJosge algl;sngwo3 Jay;o JO lsnpmes uI giosge;au o0 •a3eld ales e 0;;l avow pue;uagJosge Paul Jo pues Ston!lids ay;gJosgtl •sasJno»a;em Jo sJamas'su!eip Li!;pnpoJd;0 a)ueJ;ua ay;;uanaJd 'Z088-hZh(008)Ja;ua3 asuodsad Ieuol;eN ay;h;l;ou pue s;uawaJ!nbaJ SuwodaJ Sulwa UO3 suol;mJ;sul pane;ap Jo;ZOE 8A3 04 Ja;aJ'(ry•ZOE algel)(ba)sal;quenb salgepodai;o ssa3xa ul sasealaJ le;uapp3e J0J :dn Sulueap pue;uawule;Uo3 Jo;sle!Ja;ew pue spoy;ayy E'9 (panul;uo3)S321115%3W 3St1313H 1V1N30I3311:9 NOLD3S snld ZOL-W®3M 1 mme 00Z1:01.61.tli]6i 01 PU!pJove ;says e;ep h;a;es Safety data sheet according to 29 CFR 1910.1200 aWC' AWC®A-102 Plus SECTION 8:EXPOSURE CONTROLS/PERSONAL PROTECTION(continued) 8.2 Appropriate engineering controls: A.- Individual protection measures,such as personal protective equipment As a preventative measure it Is recommended to use basic Personal Protection Equipment.For more information on Personal Protection Equipment(storage,use,cleaning,maintenance,class of protection,...)consult the information leaflet provided by the manufacturer.For more information see subsection 7.1.All information contained herein is a recommendation,the information on clothing performance must be combined with professional judgment,and a clear understanding of the clothing application,to provide the best protection to the worker.All chemical protective clothing use must be based on a hazard assessment to determine the risks for exposure to chemicals and other hazards.Conduct hazard assessments in accordance with 29 CFR 1910.132. B.- Respiratory protection If the working conditions and/or safety measures adopted do not allow keeping the airborne concentration of the product below the exposure limits(if any)or at acceptable levels(if no exposure limits exist),suitable respiratory protection equipment chosen by a qualified professional should be used. C.- Specific protection for the hands Protective gloves against minor risks Replace gloves in case of any sign of damage.For prolonged periods of exposure to the product for professional/industrial users,we recommend using chemical protection gloves.Use gloves in accordance with manufacturer's use limitations and Mandatory hand OSHA standard 1910.138(29CFR) protection As the product is a mixture of several substances,the resistance of the glove material can not be calculated in advance with total reliability and has therefore to be checked prior to the application. D.- Eye and face protection Clean daily and disinfect periodically according to the manufacturers Instructions. Panoramic glasses against splash/projections. Use If there is a risk of splashing.Use this PPE In accordance with manufacturer's Mandatory face use limitations and OSHA standard 1910.133(29CFR) protection E.- Bodily protection Work clothing Replace before any evidence of deterioration. Anti-slip work shoes Replace before any evidence of deterioration. F.- Additional emergency measures It is advised to implement additional emergency equipments in workplaces that are particularly exposed to the product or in situations where risk assessments highlight the necessity of such equipments. It is not necessary to take additional emergency measures. Environmental exposure controls: To comply with environmental protection regulations,it is recommended to prevent any spillage of the product and its container.For more detailed information,please refer to subsection 7.1.D. 40 CFR Part 59(VOC): V.O.C.(weight-percent): 0 X weight V.O.C.at 68°F: 0 kg/m' (0 g/L) -CONTINUED ON NEXT PAGE- Date of compilation:7/29/2024 Revised:6/4/2025 Version:3(Replaced 2) Page 4/10 Safety data sheet gQac® according to 29 CFR 1910.1200 AWC®A-102 Plus SECTION 8:EXPOSURE CONTROLS/PERSONAL PROTECTION(continued) California Air Resources Board(CARB)-VOC Regulatory: V.O.C.(weight-percent): 0%weight V.O.C.at 68°F: 0 kg/m' (0 g/L) South Coast Air Quality Management District(AQMD)-VOC Regulatory: V.O.C.(weight-percent): 0%weight V.O.C.at 68°F: 0 kg/m' (0 g/L) Ozone Transport Commission(OTC)Rules-VOC Regulatory: V.O.C.(weight-percent): 0%weight V.O.C.at 68°F: 0 kg/m' (0 g/L) SECTION 9:PHYSICAL AND CHEMICAL PROPERTIES 9.1 Information on basic physical and chemical properties: For complete information see the product datasheet. Appearance: Physical state at 68°F: Liquid Appearance: Non-applicable Color: Yellowish Odor: Characteristic Odour threshold: Non-applicable " Volatility: Boiling point at atmospheric pressure: 212°F Vapour pressure at 68°F: 2350 Pa Vapour pressure at 122°F: 12381.01 Pa (12.38 kPa) Evaporation rate at 68°F: Non-applicable " Product description: Density at 68°F: Non-applicable " Relative density at 68°F: 1-1.2 Dynamic viscosity at 68°F: Non-applicable " Kinematic viscosity at 68°F: Non-applicable " Kinematic viscosity at 104°F: Non-applicable " Concentration: Non-applicable " pH: 3-4 Vapour density at 68°F: Non-applicable " Partition coefficient n-octanol/water 68°F: Non-applicable " Solubility in water at 68°F: Non-applicable " Solubility properties: Completely miscible Decomposition temperature: Non-applicable " Melting point/freezing point: Non-applicable " Flammability: Flash Point: Non Flammable(>199.4°F) Flammability(solid,gas): Non-applicable * Autoignition temperature: 1472°F Lower flammability limit: Non-applicable " 'Non-applicable due to the nature of the product,not providing Information property of its hazards. -CONTINUED ON NEXT PAGE- Date of compilation:7/29/2024 Revised:6/4/2025 Version:3(Replaced 2) Page 5/10 Safety data sheet W. according to 29 CFR 1910.1200 e awc AWC®A-102 Plus SECTION 9:PHYSICAL AND CHEMICAL PROPERTIES(continued) Upper flammability limit: Non-applicable * Particle characteristics: Median equivalent diameter: Non-applicable " 9.2 Other information: Information with regard to physical hazard classes: Explosive properties: Non-applicable " Oxidising properties: Non-applicable " Corrosive to metals: Non-applicable " Heat of combustion: Non-applicable " Aerosols-total percentage(by mass)of flammable Non-applicable " components: Other safety characteristics: Surface tension at 68°F: Non-applicable " Refraction index: Non-applicable " 'Non-applicable due to the nature of the product,not providing Information property of its hazards. SECTION 10:STABILITY AND REACTIVITY 10.1 Reactivity: No hazardous reactions are expected because the product is stable under recommended storage conditions.See section 7 from Safety Data Sheet. 10.2 Chemical stability: Chemically stable under the indicated conditions of storage,handling and use. 10.3 Possibility of hazardous reactions: Under the specified conditions,hazardous reactions that lead to excessive temperatures or pressure are not expected. 10.4 Conditions to avoid: Applicable for handling and storage at room temperature: Not applicable Not applicable Not applicable Not applicable Not applicable 10.5 Incompatible materials: Water Oxidising mater Combustible materials Others Avoid strong acids Not applicable Not applicable Not applicable Avoid alkalis or strong bases 10.6 Hazardous decomposition products: See subsection 10.3,10.4 and 10.5 to find out the specific decomposition products. Depending on the decomposition conditions, complex mixtures of chemical substances can be released:carbon dioxide(C),),carbon monoxide and other organic compounds. SECTION 11:TOXICOLOGICAL INFORMATION 11.1 Information on toxicological effects: LD50 oral>5000 mg/kg(rat) Dangerous health implications: In case of exposure that is repetitive,prolonged or at concentrations higher than recommended by the occupational exposure limits, it may result in adverse effects on health depending on the means of exposure: A- Ingestion(acute effect): -CONTINUED ON NEXT PAGE- Date of compilation:7/29/2024 Revised:6/4/2025 Version:3(Replaced 2) Page 6/10 Safety data sheet c® according to 29 CFR 1910.1200 AWC®A-102 Plus SECTION 11:TOXICOLOGICAL INFORMATION(continued) - Acute toxicity:Based on available data,the classification criteria are not met - Corrosivity/lrritability:Based on available data,the classification criteria are not met B- Inhalation(acute effect): - Acute toxicity :Based on available data,the classification criteria are not met - Corrosivity/Irritability:Based on available data,the classification criteria are not met C- Contact with the skin and the eyes(acute effect): - Contact with the skin:Based on available data,the classification criteria are not met - Contact with the eyes:Based on available data,the classification criteria are not met D- CMR effects(carcinogenicity,mutagenicity and toxicity to reproduction): - Carcinogenicity:Based on available data,the classification criteria are not met IARC:Non-applicable - Mutagenicity:Based on available data,the classification criteria are not met - Reproductive toxicity:Based on available data,the classification criteria are not met E- Sensitizing effects: - Respiratory:Based on available data,the classification criteria are not met - Skin:Based on available data,the classification criteria are not met F- Specific target organ toxicity(STOT)-single exposure: Based on available data,the classification criteria are not met G- Specific target organ toxicity(STOT)-repeated exposure: - Specific target organ toxicity(STOT)-repeated exposure:Based on available data,the classification criteria are not met - Skin:Based on available data,the classification criteria are not met H- Aspiration hazard: Based on available data,the classification criteria are not met Other information: Non-applicable Specific toxicology information on the substances: Non-applicable Acute Toxicity Estimate(ATE mix): ATE mix Ingredient(s)of unknown toxicity Oral 21225.25 mg/kg(Calculation method) 0% Dermal I>5000 mg/kg(Calculation method) 1" % LCSO Inhalation vapour >20 mg/L(4 h)(Calculation method) I" SECTION 12:ECOLOGICAL INFORMATION Harmful to aquatic life. 12.1 Ecotoxicity(aquatic and terrestrial,where available): Product-specific aquatic toxicity: Acute toxicity - 5e Genus j LC50 s33330 mg/L(96 h) Pimephales promelas Fish ECSO >28890 mg/L(48 h) I Daphnia magna Crustacean EC50 148 mg/L(96 h) Selenastrum capricornutum Algae Substance-specific aquatic toxicity: Non-applicable -CONTINUED ON NEXT PAGE- Date of compilation:7/29/2024 Revised:6/4/2025 Version:3(Replaced 2) Page 7/10 Safety data sheet t according to 29 CFR 1910.1200 gQaw AWC®A-102 Plus SECTION 12:ECOLOGICAL INFORMATION(continued) 12.2 Persistence and degradability: Non-applicable 12.3 Bioaccumulative potential: Non-applicable 12.4 Mobility in soil: Non-applicable 12.5 Results of PBT and vPvB assessment: Non-applicable 12.6 Other adverse effects: Not described SECTION 13:DISPOSAL CONSIDERATIONS 13.1 Disposal methods: IT IS THE RESPONSIBILITY OF THE WASTE GENERATOR TO EVALUATE WHETHER HIS WASTES ARE HAZARDOUS BY CHARACTERISTICS OR LISTING. Waste management(disposal and evaluation): Follow RCRA framework and EPA regulation for to ensure that hazardous waste is managed safely and properly.Waste should not be disposed of to drains.Remind,It is the responsibility of the waste generator to evaluate whether his wastes are hazardous by characteristics or listing.See section 6 for further information about Accidental release measures. Regulations related to waste management: Legislation related to waste management: 40 CFR Solid Wastes-Part 239 through 282. State regulatory requirements for generators may be more stringent than those in the federal program.Be sure to check the state's policies. SECTION 14:TRANSPORT INFORMATION This product is not regulated for transport. SECTION 15:REGULATORY INFORMATION 15.1 Safety,health and environmental regulations specific for the product in question: -CONTINUED ON NEXT PAGE- Date of compilation:7/29/2024 Revised:6/4/2025 Version:3(Replaced 2) Page 8/10 Safety data sheet c.® according to 29 CFR 1910.1200 AWC®A-102 Plus SECTION 15:REGULATORY INFORMATION(continued) -CALIFORNIA LABOR CODE-The Hazardous Substances List:Non-applicable -California Proposition 65(the Safe Drinking Water and Toxic Enforcement Act of 1986)-Birth defects or other reproductive harm: Non-applicable -California Proposition 65(the Safe Drinking Water and Toxic Enforcement Act of 1986)-Cancer:Non-applicable -CANADA-Domestic Substances List(DSL):Non-applicable -CANADA-Non-Domestic Substances List(NDSL):Non-applicable -Comprehensive Environmental Response,Compensation,and Liability Act(CERCLA)-Reportable Quantities:Non-applicable -Hazardous Air Pollutants(Clean Air Act):Non-applicable -Massachusetts RTK-Substance List:Non-applicable -Minnesota-Hazardous substances ERTK:Non-applicable -New Jersey Worker and Community Right-to-Know Act:Non-applicable -New York RTK-Substance list:Non-applicable -NTP(National Toxicology Program):Non-applicable -OSHA Specifically Regulated Substances(29 CFR 1910.1001-1096):Non-applicable -Pennsylvania Worker and Community Right-to-Know Law:Non-applicable -Protective Action Criteria(PAC)with AEGLs,ERPGs,&TEELs:Non-applicable -Rhode Island-Hazardous substances RTK:Non-applicable -SB-258 Cleaning Product Right to Know Act:Non-applicable -The Toxic Substances Control Act(TSCA):Non-applicable -Toxic chemical release reporting under EPCRA section 313(40 CFR Part 372):Non-applicable Specific provisions in terms of protecting people or the environment: It is recommended to use the information provided in this safety data sheet as a foundation for conducting workplace-specific risk assessments.These assessments will help establish the appropriate risk prevention measures for handling,using,storing,and disposing of this product. Other legislation: Take into consideration other applicable federal,state,and local laws and local regulations. SECTION 16:OTHER INFORMATION Legislation related to safety data sheets: This safety data sheet has been designed in accordance with Appendix d to§1910.1200-Safety data sheets Texts of the legislative phrases mentioned in section 2: H402:Harmful to aquatic life. Texts of the legislative phrases mentioned in section 3: The phrases indicated do not refer to the product itself;they are present merely for informative purposes and refer to the individual components which appear in section 3 29 CFR 1910.1200: Non-applicable Advice related to training: According to 29 CFR 1910.1200,training on chemical hazards is necessary for employees using this product.This training will facilitate their understanding and interpretation of the safety data sheet,as well as the product label. Principal bibliographical sources: Occupational Safety&Health Administration(OSHA). Abbreviations and acronyms: -CONTINUED ON NEXT PAGE- Date of compilation:7/29/2024 Revised:6/4/2025 Version:3(Replaced 2) Page 9/10 Safety data sheet according to 29 CFR 1910.1200 awc� AWC®A-102 Plus SECTION 16:OTHER INFORMATION(continued) IMDG:International maritime dangerous goods code IATA:International Air Transport Association ICAO:International Civil Aviation Organisation COD:Chemical Oxygen Demand BOD5:5-day biochemical oxygen demand BCF:Bioconcentration factor LD50:Lethal Dose 50 CL50:Lethal Concentration 50 EC50:Effective concentration 50 Log-POW:Octanol-water partition coefficient Hoc:Partition coefficient of organic carbon IARC:International Agency for Research on Cancer Date of compilation:7/29/2024 Revised:6/4/2025 The data contained in this material safety data sheet has been prepared based upon an evaluation of the Ingredients contained In the product,their concentrations in the product and potential interactions.The information is offered in good faith and is believed to be accurate.It is furnished to the customer who is urged to study it carefully to become aware of hazards,if any,in the storage, handling,use and disposal of the product;and to ensure their employees are properly informed and advised of all safety precautions required. END OF SAFETY DATA SHEET Date of compilation:7/29/2024 Revised:6/4/2025 Version:3(Replaced 2) Page 10/10 EXHIBIT B INDEX-BASED PRICE ADJUSTMENTS FOR RENEWAL TERMS 1. Annual Price Adjustment For any renewal term(s),the price for each chemical product supplied under this Agreement may be adjusted annually based on the year-over-year percentage change in the U.S. Producer Price Index (PPI) for Chemicals and Allied Products, as published by the U.S. Bureau of Labor Statistics: https://www.bls.gov/ppi/tables/. 2. Reference Month The PPI change shall be measured using the PPI value for the month corresponding to the renewal date compared to the same month in the prior year.The PPI value used shall be the most recently published value available at least thirty (30) days prior to the renewal date. 3. Adjustment Rate The annual adjustment shall not exceed the percentage change in the U.S. Producer Price Index for Chemicals and Allied Products (PPI), measured year over year. The PPI shall be the latest published value available at least 30 days prior to the renewal date. 4. Adjusted Price Calculation The adjusted price for each chemical product shall be calculated as follows: Prenewal = Pprior x (1 + min (PPI Change %)) Where: • PI,,.,�,,. = Price of the product in the prior term PK • PPI Change — PK-urn-id PPIj rulr ycrir PPIprwr yrur 5. Example (For Illustration Only) Using the most recently published PPI values: Product Prior PPI Change(Sep 2024 4 Sep Capped New Price 2025) Adjustment Price Antiscalant $1.34/lb +0.88% 0.88% $1.35/lb Corrosion Inhibitor $1.37/lb +0.88% 0.88% $1.38/lb Note:This example is for illustrative purposes only; actual adjustments shall be based on the PPI values published for the renewal month in accordance with Sections 1-4 above. 26-031A-American Water Chemicals,Inc. 15 EXHIBIT C INSURANCE ADVISORY The City of Boynton Beach (Cc.r. DIVISION OF RISK MANAGEMENT 100 E.Ocean Avenue Boynton Beach,Florida 33435 o I (P): 561-742-6271 I (F): 561-742-6274 0\ (7..„) www.bovnton-beach.ora i'sc tirOr+ VENDOR INSURANCE REQUIREMENTS — PROCUREMENT 1. INSURANCE REOUIREMENTS: The successful bidder/contractor/firm or individual entering a resulting contract with the City shall provide, pay for and maintain in full force and affect at all times during the services to be performed the applicable insurance as set forth below. (Proof that insurance meets the City's requirements must be provided prior to providing services to the City of Boynton Beach.) Commercial General Liability Coverage must be afforded under a Commercial General Liability policy with limits not less than: • $1,000,000 each occurrence • $3,000,000 annual aggregate for Bodily Injury,Personal Injury, and Advertising Injury • $1,000,000 per occurrence for Property Damage • $1,000,000 each occurrence and $2,000,000 project aggregate for Products and Completed Operations Policy must include coverage for Contractual Liability,Independent Contractors. Business Automobile Liability Coverage must be afforded for all Owned,Hired,Scheduled,and Non-Owned vehicles for Bodily Injury and Property Damage in an amount not less than $1,000,000 combined single limit each accident. If the Contractor does not own vehicles, the Contractor shall maintain coverage for Hired and Non-Owned Auto Liability,which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. Professional Liability/Malpractice Coverage must be afforded under a Professional/Allied Health/Malpractice Liability policy with limits not less than: • $2,000,000 each occurrence • $3,000,000 annual aggregate Workers' Compensation and Employer's Liability Coverage must be afforded per Chapter 440,Florida Statutes.Any contractor performing work on behalf of the City must provide Workers' Compensation insurance of at least the statutory requirements in addition to Employer's Liability in the amount not less than $1,000,000 per accident. Exceptions and exemptions will be allowed by the City's Risk Management Department, if they are in accordance with Florida Statute. The Contractor and its insurance carrier waive all subrogation rights against the City,a political subdivision of the State of Florida, its officials, employees, and volunteers for all losses or damages. The City requires the policy to be endorsed with WC00 03 13 Waiver of our Right to Recover from others or equivalent. AMERICA'S GATEWAY TO THE GULFSTREAM Contractor must be in compliance with all applicable State and federal workers' compensation laws, including the U.S. Longshore and Harbor Workers' Compensation Act or Jones Act, if applicable.For any Contractor who has exempt status as an individual, the City requires proof of Workers' Compensation insurance coverage for that Contractor's employees, leased employees, volunteers, and any workers performing work in execution of this Contract. If the Contractor has applied for a workers' compensation exemption, the City does not recognize this exemption to extend to the employees of the Contractor. The Contractor is required to provide proof of coverage for their employees,leased employees,volunteers and any workers performing work in execution of this Contract.This applies to all contractors including but not limited to the construction industry. Contractors Pollution Liability Coverage For sudden and gradual occurrences and in an amount not less than$1,000,000 per claim arising out of this Contract, including but not limited to, all hazardous materials identified under the Contract. Contractor must keep insurance in force until the third anniversary of expiration of this Contract or the third anniversary of acceptance of work by the CITY. Property Coverage (Builder's Risk) Coverage must be afforded in an amount not less than 100% of the total project cost, including soft costs,with a deductible of no more than $25,000 each claim. Coverage form shall include, but not be limited to: • All Risk Coverage including Flood and Windstorm with no coinsurance clause • Guaranteed policy extension provision • Waiver of Occupancy Clause Endorsement,which will enable the City to occupy the facility under construction/renovation during the activity • Storage and transport of materials, equipment, supplies of any kind whatsoever to be used on or incidental to the project • Equipment Breakdown for cold testing of all mechanized,pressurized,or electrical equipment For installation of property and/or equipment, Contractor must provide Builder's Risk Installation insurance to include coverage for materials or equipment stored at the project site, while in transit, or while stored at a temporary location. Coverage limit must be no less than replacement cost. This policy shall insure the interests of the owner,contractor,and subcontractors in the property against all risk of physical loss and damage, and name the City as a loss payee. This insurance shall remain in effect until the work is completed and the property has been accepted by the City. Insurance Certificate Requirements a. The Contractor shall provide the City with valid Certificates of Insurance (binders are unacceptable)no later than thirty(30)days prior to the start of work contemplated in this Contract. b. The Contractor shall provide a Certificate of Insurance to the City with a thirty (30) day notice of cancellation; ten (10)days' notice if cancellation is for nonpayment of premium. c. In the event that the insurer is unable to accommodate the cancellation notice requirement, it shall be the responsibility of the Contractor to provide the proper notice. Such notification will be in writing by registered mail, return receipt requested, and addressed to the certificate holder. d. In the event the Contract term goes beyond the expiration date of the insurance policy,the Contractor shall provide the City with an updated Certificate of Insurance no later than ten (10) days prior to the expiration of the insurance currently in effect. The City reserves the right to suspend the Contract until this requirement is met. e. The certificate shall indicate if coverage is provided under a claims-made or occurrence form. If any coverage is provided on a claims-made form, the certificate will show a AMERICA'S GATEWAY TO THE GULFSTREAM retroactive date,which should be the same date of the initial contract or prior. f. The City shall be named as an Additional Insured on all liability policies,with the exception of Workers' Compensation. g. The City shall be granted a Waiver of Subrogation on the Contractor's Workers' Compensation insurance policy. h. The Contract, Bid/Contract number, event dates, or other identifying reference must be listed on the certificate. The Certificate Holder should read as follows: City of Boynton Beach Attn: Risk Management 100 E. Ocean Ave. Boynton Beach,FL 33435 The Contractor has the sole responsibility for all insurance premiums and shall be fully and solely responsible for any costs or expenses as a result of a coverage deductible, co-insurance penalty, or self-insured retention; including any loss not covered because of the operation of such deductible,co-insurance penalty,self-insured retention,or coverage exclusion or limitation. Any costs for adding the City as an Additional Insured shall be at the Contractor's expense. If the Contractor's primary insurance policy/policies do not meet the minimum requirements, as set forth in this Contract, the Contractor may provide an Umbrella/Excess insurance policy to comply with this requirement. The Contractor's insurance coverage shall be primary insurance as respects to the City, a political subdivision of the State of Florida, its officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officials, employees, or volunteers shall be excess of Contractor's insurance and shall be non-contributory. Any exclusions or provisions in the insurance maintained by the Contractor that excludes coverage for work contemplated in this Contract shall be deemed unacceptable and shall be considered breach of contract. All required insurance policies must be maintained until the contract work has been accepted by the City,and/or this Contract is terminated.Any lapse in coverage shall be considered breach of contract. In addition, Contractor must provide confirmation of coverage renewal via an updated certificate should any policies expire prior to the expiration of this Contract. The City reserves the right to review, at any time, coverage forms and limits of Contractor's insurance policies. All notices of any claim/accident (occurrences) associated with this Contract, shall be provided to the Contractor's insurance company and the City's Risk Management office as soon as practical. It is the Contractor's responsibility to ensure that all independent and subcontractors comply with these insurance requirements. All coverages for independent and subcontractors shall be subject to all of the requirements stated herein. Any and all deficiencies are the responsibility of the Contractor. NOTE: These are minimal insurance requirements.Additional insurance,(e.g.,Cyber Liability) may be required based upon the type of event, event location, and/or number of participants. Revised 06/17/2025 AMERICA'S GATEWAY TO THE GULFSTREAM