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R19-021
RESOLUTION NO. R19-021 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN 5 AN AGREEMENT WITH U.S. WATER SERVICES CORPORATION, 6 UTILIZING THE WEST PALM BEACH CONTRACT NO. 19260, 7 PROCUREMENT NO. ITB 16-17-119 IN AN AMOUNT NOT TO 8 EXCEED $150,000.00 ON AN AS-NEEDED BASIS; AND PROVIDING 9 AN EFFECTIVE DATE. 10 11 12 WHEREAS, Utilities is required to provide licensed operators to staff their water and 13 wastewater facilities as specified in the Florida Administrative Code; and 14 WHEREAS, the competitive market for these operators in our area has resulted in 15 ongoing vacancies that must be covered either through overtime or by utilizing contract 16 personnel; and 17 WHEREAS, this agreement will provide supplemental staff on an as-needed basis;and 18 WHEREAS, the City Commission of the City of Boynton Beach, upon the 19 recommendation of staff, deems it in the best interest of the citizens and residents of the City 20 of Boynton Beach to approve and authorize the City Manager to sign an Agreement with U.S. 21 Water Services Corporation utilizing West Palm Beach Contract No. 19260, Procurement No. 22 ITB 16-17-119 in an amount not to exceed $150,000.00. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH,FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 26 true and correct and are hereby made a specific part of this Resolution upon adoption hereof. 27 Section 2. The City Commission of the City of Boynton Beach hereby approves 28 and authorizes the City Manager to sign an Agreement with U.S. Water Services Corporation 29 utilizing West Palm Beach Contract No. 19260,Procurement No. ITB 16-17-119 in an amount C:\Users\StanzioneT\AppData\L.ocal\Microsoft\Windows\Temporary Internet Files\Content.IE5\TQFSZ5NC\Piggy-back_- _West_Palm_Beach_(Supp_Staff)_US_W ater_Services_-_Reso.docx 30 not to exceed $150,000.00, a copy of which is attached hereto as Exhibit "A" 31 Section 3. That this Resolution shall become effective immediately upon passage. 32 PASSED AND ADOPTED this 19th day of February, 2019. 33 CITY OF BOYNTON BEACH, FLORIDA 34 35 YES NO 36 37 Mayor—Steven B. Grant 38 39 Vice Mayor—Christina L. Romelus 40 41 Commissioner—Mack McCray 42 43 Commissioner—Justin Katz V 44 45 Commissioner—Aimee Kelley ✓ 46 47 VOTE 48 ATTEST: 49 50 �� 51 a- Ptie 52 Judit A. Pyle, CMC 53 City lerk 54 55 56 (Corporate Seal) 5Z,,., • 0 61 • off• ; ••? .••,•,-. C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\TQFSZ5NC\Piggy-back_- _West_Palm_Beach_(Supp_Staff)_US_W ater_Services_-_Reso.docx \4) \`( SUPPLEMENTAL STAFF AGREEMENT This Agreement is made as of this a(6 day of , 2019 by and between U.S. WATER SERVICES CORPORATION., a Florida Corporation with a principal address of 4939 Cross Bayou Boulevard, New Port Richey, FL 34652 ("US WATER SERVICES"), and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with a mailing address of Post Office Box 310, Boynton Beach, FL 33425 (the"City"). RECITALS WHEREAS, Utilities is required to provide licensed operators to staff their water and wastewater facilities as specified in the Florida Administrative Code. The competitive market for these operators in our area has resulted in ongoing vacancies that must be covered either through overtime or by utilizing contract personnel; and WHEREAS, US WATER SERVICES, has agreed to allow the City to piggy-back the City of West Palm Beach Contract No. 19260, Procurement No. ITB 16-17-119 to provide Supplemental Works on an as-needed basis for the City's water and wastewater operation and management services through September 30, 2019 for an amount not to exceed $150,000.00 at prices based on City of West Palm Beach contract; and NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and US WATER SERVICES agree that US WATER SERVICES shall provide Supplemental Works on an as-needed basis for the City's water and wastewater operation and management services through September 30, 2019 at prices based on the City of West Palm Beach Contract No. 19260, Procurement No. ITB 16-17-119, a copy of which is attached hereto as Exhibit "A", except as hereinafter provided: A. All references to the City of West Palm Beach shall be deemed as references to the City of Boynton Beach. B. All Notices to the City shall be sent to: Page 1 C:\Users\Stanzionet\Appdata\Loca1\Microsoft\Windows\Temporary Internet Files\Content.tES\52FYTE0E1Piggyback (West_Palrn_Beach_- _US_Water—Services)_Supplemental_Staff_Agmt.Docz City: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561)742-6010/Facsimile: (561) 742-6090 Copy: James A. Cherof, City Attorney Goren, Cherof,Doody&Ezrol,PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954)771-4500 Facsimile: (954) 771-4923 C. The following terms and conditions are hereby incorporated into the Agreement: Scrutinized Companies By execution of this Agreement,in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list,not on the Scrutinised Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract.The City shall provide notice,in writing,to Contractor of the City's determination concerning the false certification. Contractor shall have five(5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Section 3. In the event that the City of West Palm Beach Contract is amended, or terminated, US WATER SERVICES shall notify the City within ten (10) days. In the event the City of West Palm Beach Contract is amended or terminated prior to its expiration, this Contract shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. Page 2 C:\Users\StanzionetWgpdata\E.ocal\Microsoft\Windows\Tempocary Internet Files\Content.lE5\52FYTEOE\Piggyback_(West_Palm_Heach_- US Water Services)_Supplemental_StaffAgmt.Doox Section 4. US WATER SERVICES agrees that in the event it enters into a Contract for the same (or substantially similar) scope of services with another Iocal government in Florida which contains a term or condition,including fees,charges or costs,which the City determines to be more favorable than the terms in this Contract,the parties shall enter into an Addendum to provide those terms to the City. Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 6. In all other aspects, the terms and conditions of the City of West Palm Beach Contract are hereby ratified and shall remain in full force and effect under this Contract, as provided by their terms. IN WITNESS OF TILE FOREGOING,the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA ATTEST: By: A)./..,6 ��- >44 Lori LaVerriere, City Manager City Cl APPR " A • S TO FORM: 3. z 11/ Jam,. A. Ch, f, P ty Attorney U.S ER SERi 0114 CO'"i • ION WITNESSES: BY: w �� 'B C `` Print Name: n 1j6 1W Title: V ATTEST: • SECRETARY Page 3 C:\Users\Stanzionet\Appdata\Loca1\Microsoft\Windows\Temporary Internet Files\Content.IE5\52FYTEOE\Piggyback_(West_PaIm_Beach= US_W ater_S ervic es)_S upplemental_StaffAgmt.Docx EXHIBIT A AGREEMENT BETWEEN CITY OF WEST PALM BEACH AND U.S.WATER SERVICES CORPORATION Page 4 C:\Users\Stanzionet\Appdata\L.ocal1Microsoft\Windows\Temporary Internet Files\Gontent.IES\52FYTE0E1Piggyback_(West_Palm_Beach_- _US Water_Services)_Supplemental_StaffAgmt.Doex AIM CITY OF WEST PALM BEACH WEST PALM BEACH SUPPLEMENTAL STAFF AGREEMENT Contract No: 19260 Provider Name: U.S.Water Services Corporation Provider Address: 4939 Cross Bayou Boulevard New Port Richey, FL 34652 Email: E.[s-o-th @ USV34txczrp.' o Tele phone: 727-848-8292 FEi/EIN#20-0008821 Services: Provider shall provide staffing("Supplemental Workers")on an as-needed basis for the City's Water Treatment Plant and the East Central Regional Water Reclamation Facility for the following job positions: 1. State of Florida Certified"A"Water Treatment Operator 2. State of Florida Certified°B°Water Treatment Operator 3. State of Florida Certified°C"Water Treatment Operator 4. State of Florida Certified"A"Wastewater Treatment Operator 5. State of Florida Certified"B"Wastewater Treatment Operator 6. State of Florida Certified"C"Wastewater Treatment Operator 7. Project Engineer 8. Maintenance Mechanic The job positions are described in further detail in the City's Invitation for Bid 16-17-119, a copy of which is attached hereto as Exhibit A, and incorporated into this Agreement by reference. No minimum amount of Services are guaranteed by this Agreement. City Procurement: ITB 16-17-119 Special Terms: 1. The City of West Palm Beach Public Utilities Department reserves the right to interview any potential staff and approve or deny placement. 2. Supplemental to Hire: Should an opening for a permanent position within the City come available, the Supplemental Worker may apply for the position. The City reserves the right to hire the Supplemental Worker without any financial obligation to the Provider. 3. Shift. Water Treatment Operators and Wastewater Treatment Operators mayl be required to work eight (8)or twelve(12)hour shifts. 4. Vacation Pay: If a Supplemental Worker qualifies for a vacation under their employment contract with the Provider, the Supplemental Worker shall give the City two (2)weeks' notice before the start of such vacation. The Provider shall be responsible for any vacation pay due the Supplemental Worker. Additionally, if the assignment is ongoing at the time of the Supplemental Worker's vacation, the Provider shall provide a replacement worker. 5. Overtime: Should any assignment require the Supplemental Worker to work more than forty(40) hours in any given week,the City shall pay an overtime rate equal to 1-1/2 times the agreed upon hourly rate. 6. Provider's Responsibilities: a. Provider(s) shall be responsible for employment screening, testing, evaluations, advertising, recruitment, and disciplinary actions involving any Supplemental Worker under this contract. US Water- Supplemental Workforce 19280 051617-2 1 Screening and testing procedures used by the Provider must ensure that the required knowledge, skills and abilities, and minimum entrance requirements as detailed Exhibit A are met. b. Provider(s) shall be responsible for the administration and maintenance of all employment and payroll records, payroll processing, remittance of payroll and taxes, including the provision for the distributions of payroll time sheets and checks,for all Supplemental Workers provided under this contract. c. Provider(s) shall provide paychecks for Supplemental Workers making deductions required of employers by state, federal and local laws, including deductions for social security and withholding taxes. d. Provider(s)shall make all contributions for unemployment compensation funds as required by federal and state laws and process claims as indicated. e. Provider(s) shall ensure Supplemental Workers report on the specified date at the requested time,to the appropriate user facility, ready to commence work. f. Provider(s)shall agree that the City retains the right to reject or stop time on any Supplemental Worker who fails to perform assigned duties satisfactorily, who is not dressed appropriately for an assignment, who violates any federal, state or local regulation, disrupts the activities of the using agency to which Supplemental Worker is assigned, or for any other reason is considered unacceptable in the judgment of the City. g. Provider(s) shall abide by all ordinances and laws pertaining to their operation and secure all required licenses and permits. h. Provider(s)shall be responsible for obtaining all necessary permits, licenses, and/or registration cards, 1-9 forms (U.S. Department of Justice, Immigration and Naturalization Service - Employment Eligibility Verification) in compliance with all applicable federal, state and local statutes pertaining to the services specified herein. Provider(s) shall certify in writing that all required documentation is on file in their office, certifying the referrals are eligible for employment in the United States. i. Provider(s)must comply with all requirements of the Americans with Disabilities Act. Location of Services: 1. City of West Palm Beach Water Treatment Plant 2. East Central Regional Water Reclamation Facility City Department:Public Utilities. Service Term: ® Recurring services: on an As-Needed basis. Recurring services to be provided through: Three years from the date of execution of this Agreement by the City. The Agreement may be renewed for two additional one (1) year terms upon the mutual written agreement of the parties. Fees: ® Hourly rate as follows: Job Title Hourly Rate Hourly Holiday Rate 1, State of Florida Certified"A"Water Treatment Operator $72.00 $108.00 2. State of Florida Certified"B'Water Treatment Operator $65.00 $97.50 3. State of Florida Certified"C"Water Treatment Operator $55.00 $82.50 4. State of Florida Certified"A'Wastewater Treatment Operator $72.00 $108.00 5. State of Florida Certified"B"Wastewater Treatment Operator $65.00 $97.50 6. State of Florida Certified"C°Wastewater Treatment Operator _ $55.00 $82.50 7. Project Engineer $120.00 $180.00 8, Maintenance Mechanic $60.00 $90.00 US Water-Supplemental Workforce 19260 051617-2 2 Hourly rates are inclusive of all costs including, but not limited to, the cost of overhead, profit, insurance, taxes, and incidentals. Billing begins at the time the Supplemental Worker arrives on site and checks in to work. The City will not pay for any travel time to and from the site. invoice Schedule: ® Monthly Invoice THIS AGREEMENT ("Agreement") Is made by and between the PROVIDER Identified above and the City of West Palm Beach ("City"or'Utility"),401 Clematis Street,West Palm Beach, FL 33401, In consideration of the covenants and conditions set forth in this Agreement, Provider and City agree as follows: 1. Services. Provider shall provide all equipment, materials and labor necessary to provide the services described above(the"Services"). Provider shall render the Services in a diligent, careful and thorough manner consistent with good business practice. Time shall be of the essence with respect to all matters set forth in this Agreement. The Services shall be completed, to the City's satisfaction, in accordance with the time frames indicated above. 2. Fee. The City shall pay Provider the Fee indicated above (the `Fee"). The Fee shall be the sole compensation paid to Provider in connection with the rendition of the Services and the performance of any and all of its other obligations under this Agreement and shall include any out-of-pocket or other expenses, including travel expenses, incurred by Provider. 3. invoices. Invoices must identify the PO number and shall be submitted to: West Palm Beach Finance Department, Attn: Accounts Payable, P.O. Box 3366, West Palm Beach, FL 33402-3366. invoices shall show the nature of the service and dates(s) of service. Invoices based on hourly rates shall show the actual hours worked, person performing services, nature of the service, hourly rate, and dates(s) of service. invoices may be submitted no more frequently than monthly. However, all services rendered prior to September 30th of any given year are required to be invoiced by September 30th of that year. Provider shall provide W-9 or FEIN#to City with first invoice. 4. Payment. The Fee shall be paid based on receipt of a proper invoice in accordance with the invoice schedule indicated above. Payment will be made within 45 days of receipt of a proper invoice in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by Provider, either wholly or in part, and no payment shall be construed to be an acceptance of or to relieve Provider of liability for the defective,faulty or incomplete rendition of the Services. 5. Term. This Agreement shall commence upon full execution by the parties and continue for a term of three (3) years, unless earlier terminated. The City shall execute this Agreement last. This Agreement may be renewed for two (2) additional one(1) year terms upon the execution of a written contract amendment by both parties. 6. Representations,Warranties and Covenants of Provider 6.1 Authority. Provider hereby represents and warrants to the City that it has full power and authority to enter into and fully perform its obligations under this Agreement without the need for any further corporate or governmental consents or approvals, and that the persons executing this Agreement are authorized to execute and deliver it. 6.2 Duly Licensed, Provider represents that it is duly licensed to perform the Services under this Agreement and that it will continue to maintain all licenses and approvals required to conduct its business. 6.3 No Contingency. Provider warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Provider, to solicit or secure this Agreement and that it has not paid or agreed to pay any person,company, corporation, individual, or firm, other than a bona fide employee working solely for Provider, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. In the event of a breach or violation of this provision by US Water-Supplemental Workforce 19260 051617-2 3 it Provider, the City shall have the right to terminate the Agreement without liability and, at its discretion,to deduct from the contract fee, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 7. Standard of Care. The standard of care for all Services performed or furnished by Provider under this Agreement will be superior to the care and skill ordinarily used by members of Provider's profession practicing under similar circumstances or at the same time and in the same locality. 8. Compliance with Laws. In the conduct of the Services under this Agreement, Provider shall comply in all material respects with all applicable federal and state laws and regulations and all applicable county and City ordinances and regulations, including ethics and procurement requirements. 9. Independent Contractor. It is specifically understood that Provider is an independent contractor. If Provider is a business firm: (i) Provider acknowledges that its employees will not be covered by the City's workers' compensation insurance; (ii) Provider shall be responsible for social security, unemployment and disability taxes and all other payroll taxes due with respect to Provider's employees who provide Services under this Agreement; (ill) Provider shall have no authority to bind City to any contractual or other obligation whatsoever; (iv) Provider shall be responsible to the City for all work or services performed by Provider, its employees, agents, or subcontractors under this Agreement. 10.Right to Audit. Provider shall maintain adequate records for the Services performed under this Agreement for five(5)years following completion of the Services, or conclusion of any litigation regarding this Agreement. The City shall have the right to audit Provider's books and records, at the City's expense, upon prior notice, with regard to the Services provided to the City under this Agreement. Provider shall allow the City or its representative to interview all current or former employees to discuss matters pertinent to this Agreement. If an audit inspection in accordance with this section discloses overpricing or overcharges(of any nature)by Provider to the City in excess of one-half of one percent (.5%)of the total contract billings, (1)the reasonable costs of the City's Internal Audit department shall be reimbursed to the City by the Provider and(2) a 15%penalty of the overpricing or overcharges shall be assessed. Any adjustments and/or payments which must be made as a result of the audit inspection, including any interest, audit costs and penalties shall be made by the Provider within 45 days from presentation of City's findings to Provider. Failure by Provider to permit such audit shall be grounds for termination of this Agreement by the City. 11. Property Rights. Any work product, including but not limited to reports, plans, drawings, tracings, sketches, photographs, videos, illustrations, presentations, PowerPoint, specifications, maps, computer files, electronic data,and other documents (electronic or paper) prepared or created in the course of the performance of the Services or obtained in the performance of this Agreement, as well as all data collected, together with summaries and charts derived therefrom, will be considered works made for hire and shall be the exclusive property of the City upon their creation without restriction or limitation on their use and will be made available, upon request, to the City at any time during the performance of such Services. Upon delivery to the City of said work product, the City will become the custodian thereof in accordance with Chapter 119, Florida Statutes. Provider will not copyright any material or work product developed under this Agreement. Any reuse of Provider's prepared documents by the City, except for the specific purpose intended hereunder, will be at City's sole risk and without liability or legal exposure to Provider or its sub-contractors. 12. Insurance. Unless waived in writing below by the applicable Department Director, Provider shall purchase from and maintain during the term of the Services, and all applicable statutes of limitation periods, the following insurance: (a) Comprehensive General Liability insurance in an amount not less than $1,000,000.00 Combined Single Limit per each occurrence and $1,000,000 aggregate, with bodily injury limits, which may not be subject to a self-Insured retention or deductible exceeding $25,000. ❑ Commercial General Liability Insurance is waived by the Department Director. Dept. Director Signature US Water-Supplemental Workforce 19260 4 051617-2 (b) Worker's Compensation and Employer's Liability Insurance with limits of Employer's Liability Insurance not less than $500,000 "each accident," $500,000 "disease policy limit," and $500,000 "disease each employee" unless an opt out letter in conformance with Florida Statutes, Chapter 440, has been provided to the City. ❑ Provider is the sole owner and/or employer with less than four non-construction employees and opts out of workers' compensation coverage under Florida Chapter 440. Provider understands that Provider must comply with Sec. 440.055, F.S., and other applicable regulations. Provider is an independent contractor. Provider Signature (c) Automobile Liability: Not less than $1,000,000.00 for injuries per person in any one accident or occurrence and $1,000,000.00 in the aggregate for injuries per occurrence or accident, with $100,000.00 for property damage in any one accident or occurrence. May not be subject to a self- insured retention or deductible exceeding$10,000. ❑ Automobile Liability insurance is waived by the Department Director. Dept. Director Signature Self-insurance shall not be acceptable. All insurance pdicies shall be issued by companies that(a)are authorized to transact business in the State of Florida,(b)have agents upon whom service of process may be made in Palm Beach County,Florida,and(c)have a best's rating of A-Vi or better. Additional Insured: All liability insurance policies shall name and endorse the following as additional insured(s):the ECR Board, the City of West Palm Beach and its commissioners,officers,employees and agents. Certificate of insurance: Provider shall provide the City Risk Manager with a copy of the Certificate of Insurance and endorsements evidencing the types of Insurance and coverage required prior to the commencement of Services. It is the Provider's responsibility to ensure that the City's Risk Manager and the Department both have a current Insurance Certificate and endorsements at all times. if Provider's insurance policy is a claims made policy, Provider shall maintain such Insurance coverage for a period of five(5)years after the expiration or termination of this Agreement.Applicable coverage may be met by keeping the policies in force, or by obtaining an extension of coverage commonly known as a reporting endorsement of tail coverage. The provisions of this section shall survive beyond the expiration or termination of this Agreement. 13. indemnity. Provider agrees to indemnify, defend, save and hold harmless the ECR Board, the City, its officers, agents and employees, from any claim, demand, suit, loss, cost or expense for any damages that may be asserted,claimed or recovered against or from City, its commissioners, officials,employees or agents arising out of or incidental to or in any way connected with Provider's performance of the Services or caused by or arising out of(a)any act, omission, default or negligence of Provider in the provision of the Services under this Agreement; (b) property damage or personal injury, which damage, injury or death arises out of or is incidental to or in any way connected with Provider's execution of Services under this Agreement; or (c) the violation of federal, state, county or municipal laws, ordinances or regulations by Provider. This indemnification includes, but is not limited to, the performance of this Agreement by Provider or any act or omission of Provider, its agents, servants, contractors, patrons, guests or invitees and includes any costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claims or the investigation thereof. Provider agrees to pay all claims and losses and shall defend all suits, in the name of the ECR Board,the City, its employees, and officers, including but not limited to appellate proceedings, and shall pay all costs,judgments and attorneys'fees which may issue thereon. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Provider under this US Water-Supplemental Workforce 19260 051617-2 5 indemnification provision. To the extent considered necessary by the City, any sums due Provider under this Agreement may be retained by City until all of City's claims for indemnification have been resolved, and any amount withheld shall not be subject to the payment of interest by City. This indemnification agreement is separate and apart from, and in no way limited by, any insurance provided pursuant to this Agreement or otherwise. This paragraph shall not be construed to require Provider to indemnify the City for City's own negligence, or intentional acts of the City, its agents or employees. Nothing in this Agreement shall be deemed to affect the rights, privileges and sovereign Immunities of the City as set forth in Section 768.28, Florida Statutes. This clause shall survive the expiration or termination of this Agreement. 14. Termination. 14.1 The City shall have the right to terminate this Agreement, in whole or in part, with or without cause, and for its convenience, upon five (5) calendar days written notice to Provider. in the event of termination, the City shall compensate the Provider for all authorized Services satisfactorily performed through the termination date under the payment terms contained In this Agreement. 14.2 Provider shall immediately deliver all documents, written information, electronic data and other materials concerning City projects in its possession to the City and shall cooperate in transition of its consulting duties to appropriate parties at the direction of the City. 14.3 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 the right to audit, property rights, insurance, indemnification, governing law and litigation shall survive termination of this Agreement and remain in full force and effect. 15. Warranty. Provider shall warrant that the Services shall be free from improper workmanship and/or defective materials for one(1) year from completion. 16. Notices. Notices required hereunder shall be given by written notice sent by registered U.S. mail, return receipt requested, or by electronic transmission producing a written record, if to the City, to P.O. Box 3366,West Palm Beach, FL 33402, attention: City Administrator, and if to Provider,to the address set forth above. 17. Taxes.Provider understands that in performing the Services for the City, Provider is not exempt from paying sales tax to Provider's suppliers for materials required for Provider to perform under this Agreement. Provider shall not be authorized to use City's tax exemption number for purchasing supplies or materials. 18. Availability of Funds. This Agreement Is expressly conditioned upon the availability of funds lawfully appropriated and available for the purposes set out herein as determined in the sole discretion of the City. if funding for this Agreement is in multiple fiscal years, funds must be appropriated each year prior to costs being incurred. Nothing in this paragraph shall prevent the making of contracts with a term of more than one year, but any contract so made shall be executory only for the value of the services to be rendered or paid for in succeeding fiscal years. In the event funds to finance this Agreement become unavailable, the City may terminate this Agreement upon no less than twenty-four(24)hours notice to Provider. The City shall be the sole and final authority as to the availability of funds. 19. Lobbvinc Certification. Provider certifies to the best of its knowledge and belief that no funds or other resources received from the State in connection with this Agreement wilt be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. 20. Non Discrimination. Provider shall not discriminate against any person because of race, color, religion, sex, gender identity or expression, genetic information, national origin, age, disability, familial status, marital status or sexual orientation. 21. Assignment. This Agreement requires the skills and experience of Provider and may not be assigned by Provider. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns. US Water-Supplemental Workforce 19260 6 051617-2 22. Force Majeure. Any deadline provided for in this Agreement may be extended, as provided in this paragraph, if the deadline Is not met because of one of the following conditions occurring with respect to that particular project or parcel: fire, strike, explosion, power blackout, earthquake, volcanic action, flood, war, civil disturbances, terrorist acts, hurricanes and acts of God. When one of the foregoing conditions interferes with contract performance, then the party affected may be excused from performance on a day-for-day basis to the extent such party's obligations relate to the performance so interfered with; provided, the party so affected shall use reasonable efforts to remedy or remove such causes of non-performance. The party so affected shall not be entitled to any additional compensation by reason of any day-for-day extension hereunder. 23. Ethics;Conflict of Interest. 23,1 Provider represents that it has not given or accepted a kickback in relation to this Agreement and has not solicited this Agreement by payment or acceptance of a gratuity or offer of employment. 23.2 Provider represents that it has not solicited this contract by payment of a gift or gratuity or offer of employment to any official,employee of the City or any City agency or selection committee. 23.3 Provider represents that it does not employ, directly or indirectly,the mayor, members of the city commission or any official, department director, head of any City agency,or member of any board, committee or agency of the City. 23.4 Provider represents that it does not employ, directly or indirectly, any official of the City. Provider represents that it does not employ, directly or indirectly, any employee or member of any board, committee or agency of the City who, alone or together with his household members, own at least five percent (5%)of the total assets and/or common stock of Provider. 23.5 Provider represents that it has not knowingly given, directly or indirectly, any gift with a value greater than $100 in the aggregate in any calendar year to the mayor, members of the city commission, any department director or head of any City agency, any employee of the City or any City agency,or any member of a board that provides regulation, oversight, management or policy-setting recommendations regarding Provider or its business. 23.6 Provider represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with its performance under this Agreement. Provider further represents that no person having any interest shall be employed or engaged by it for said Services. 23.7 Provider, its officers, personnel, subsidiaries and subcontractors shall not have or hold any continuing or frequently recurring employment, contractual relationship, business association or other circumstance which may influence or appear to influence Provider's exercise of judgment or quality of the Services being provided under this Agreement. Provider, its officers, personnel, subsidiaries and subcontractors shall not perform consulting work for any third party that would in any way be in conflict with the Services to be provided to the CRA under this Agreement. 23.8 in the event Provider is permitted to utilize subcontractors to perform any services required by this Agreement, Provider agrees to prohibit such subcontractors, by written contract, from having any conflicts as within the meaning of this section. 24. Public Entity Crimes Act, Provider represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes), and certifies that Provider and its subcontractors under this Agreement have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within 36 months from the date of submitting a proposal for this Agreement or entering into this Agreement. Violation of this section may result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from City's competitive procurement activities. 25. Unauthorized Aliens. The knowing employment by Provider or its sub-contractors of any alien not authorized to work by the immigration laws or the Attorney General of the United States is prohibited and shall be a default of this Agreement which results in unilateral termination. Provider further represents that It Is not in US Water-Supplemental Workforce 19260 051617-2 7 violation of any laws relating to terrorism or money laundering, including Executive Order No. 13224 on Terrorist Financing. 26. Small Business Requirements. Provider shall comply with the City's Small Business Ordinance set forth in Chapter 66 of the Code of Ordinances of the City of West Palm Beach, which is incorporated herein by this reference. Provider shall comply with the small business commitment contained in Provider's Proposal. Provider shall maintain all relevant records and information necessary to document compliance with the Small Business Ordinance and shall allow the City to inspect and audit such records. 27. Public Records Law. Provider shall comply with Chapter 119, Florida Statutes, regarding public records. Provider shall keep and maintain all documents,records, correspondence, computer files, emails, and/or reports prepared in order to perform the work under this Agreement. A request to inspect or copy public records relating to this Agreement must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Provider of the request, and the Provider shall provide the records to the City or allow the records to be inspected or copied within a reasonable time at the cost that would not exceed the cost allowed by law. All records stored electronically must be provided to the City, upon request, in a format that is compatible with the information technology systems of the City. Upon completion of the Agreement, Provider shall transfer, at no cost, to the City all public records in possession of Provider or Provider shall keep and maintain all public records. If Provider keeps and maintains public records upon completion of the Agreement, the Provider shall meet all applicable requirements for retaining public records. If Provider transfers all public records to the City upon completion of the Agreement, the Provider shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. Provider shall ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed. Records that are exempt or confidential and exempt from public records disclosure requirements may include plans, drawings and records related to the physical security of City buildings or security systems and shall not be disclosed by Provider, except as authorized by law and specifically authorized by City, If Provider does not transfer the records to the public agency upon completion of the Agreement, Provider shall ensure that exempt and confidential records are not disclosed. Failure of the Provider to provide public records to the City within a reasonable time or allowable cost may be subject to penalties under Sec. 119.10,Fla. Stat., and may be cause for termination of the Agreement by the City, In addition to any other remedies available under the Agreement or by law. IF THE PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROVIDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CITY CLERK, WHO IS THE CITY'S CUSTODIAN OF PUBLIC RECORDS, AT: Office of the City Clerk City of West Palm Beach 401 Clematis Street West Palm Beach, FL 33401 561-822-1210 CityClerk@wpb.org. 28. Governing Law. This Agreement shall be construed and interpreted, and the rights of the parties hereto determined, in accordance with Florida law without regard to conflicts of law provisions. The City and Provider submit to the jurisdiction of Florida courts and federal courts located in Florida. The parties agree that proper venue for any suit concerning this Agreement shall be Palm Beach County, Florida, or the Federal Southern District of Florida, Provider agrees to waive all defenses to any suit filed in Florida based upon Improper venue or forum nonconvenfens. To ENCOURAGE PROMPT AND EQUITABLE RESOLUTION OF ANY LITIGATION, EACH PARTY HEREBY WAIVES ITS RIGHTS TO A TRIAL BY JURY IN ANY LITIGATION RELATED TO THIS AGREEMENT. 29. Severability. In the event that any term or provision of this shall to any extent be held invalid or US Water-Supplemental Workforce 19260 8 051617-2 unenforceable, it is agreed that the remainder of this Agreement, or the application of such terms or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected and every other term and provision of this Agreement shall be deemed valid and enforceable to the maximum extent permitted by law. 30. Waiver. Any waiver by either party hereto of any one or more of the covenants, conditions, or provisions of this Agreement, shall not be construed to be a wanner of any subsequent or other breach of the same or any covenant, condition or provision of this Agreement. 31. Headings. The headings contained in this Agreement are provided for convenience only and shall not be considered in construing, interpreting or enforcing this Agreement. 32. Inspector General. Provider is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Provider and its subcontractors and lower tier subcontractors. Provider understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Provider or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination. 33. Entire Agreement; Exhibits; Amendment. Any Exhibits attached to this Agreement are incorporated into the terms and conditions of this Agreement. In the event of any conflict between this Agreement and any Exhibits, this Agreement governs. This Agreement embodies the entire agreement and understanding of the parties with respect to the subject matter of this Agreement and supersede all prior and contemporaneous agreements and understandings, oral or written, relating to the subject matter. This Agreement may only be modified by written amendment executed by the City and Provider. 34. Controlling Provisions. Except as otherwise specifically provided herein, in the event of any conflict between the specific provisions of this Agreement and the requirements or provisions of the Procurement Solicitation and/or Proposal, the provisions shall be given precedence in the following order: (1)this Agreement, (2) the Procurement Solicitation; and (3) the Proposal. Wherever possible, the provisions of the documents shall be construed in such manner as to avoid conflicts between provisions of the various documents. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year last executed below. U.S.WAT - SERVICES ••RPOR•. ION CITY OF WEST PALM BEACH (161114--- 1i6� ` By: `1 i LGC Edward Mitchell Geraldine Muolo, Mayor Vice President&General Manager Attest: ^ � to.p.) City Clerk 1 _ , Date: 4._.._..1 Lk.•'\ \. , 2017. CITY ATTO NEY'S OFFICE Approved�tp,fprm and legality By:S_ �N�� US Water-Supplemental Workforce 19260 051617-2 9 Al DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 2/22/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Thomas Willins NAME: Gehring Group, Inc (A/CN o .Ext): 561-626-6797 (A/C,No): 561-626-6970 4200 Northcorp Parkway, Suite 185 E-MAIL ADDRESS: thomas.willins@gehringgroup.com Palm Beach Gardens, FL 33410 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Liberty Mutual Corporation INSURED INSURER B: U.S.Water Services Corporation INSURER C: 4939 Cross Bayou Boulevard INSURER D: INSURER E: New Port Richey FL 34652 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE CLAIMS-MADE OCCUR PREM SESO(Ea occur ence) $ _ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _ $ POLICY PRO- JECT -LOC PRODUCTS COMP/OP AGG $ — — OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) Physical Damage $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION WC7-641-445118-018 10/31/201810/31/2019 X STATUTE OTH- ER AND EMPLOYERS'LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE Y 1 N E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Boynton Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y ACCORDANCE WITH THE POLICY PROVISIONS. 124 E.Woolbright Rd. Boynton Beach , Florida 33435 AUTHORIZED REPRESENTATIVE Thomas Willins ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD -.--- -® ACERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) �Q 02/21/2019 PRODUCER 888-494-9844 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION LOUIS MORRISON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE LOUIS J. MORRISON C&C CONSULTANTS HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P 0 BOX 701340 ST CLOUD, FL 34770-1340 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: TOKIO MARINE SPECIALTY INS.CO. 23850 U.S WATER SERVICES CORPORATION INSURER B: 4939 CROSS BAYOU BOULEVARD INSURER C: NEW PORT RICHEY, FL 34652 INSURER D: I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY NUMBER POUCY EFFECTIVE POUCY EXPIRATION LIMBS LTR INSRD TYPE OF INSURANCE DATE(MM/DD/YYYY) DATE(MMIDD/WYY) A y GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PPK1906596 11/30/18 11/30/19 PREMISES Ea occurrence) $ 1,000,000 CLAIMS MADE X OCCUR MED EXP(Any one person) $ 10,000 $0 DEDUCTIBLE PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 3,000,000 _ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 3,000,000 -I POLICY JEo X LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ 1 _ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTOOTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS I UMBRELLA UABRJTY EACH OCCURRENCE 8 10,000,000 X OCCUR CLAIMS MADE PUB654576 11/30/18 11/30/19 AGGREGATE $ 10,000,000 EXCESS OF GENERAL $ X DEDUCTIBLE LIABILITY, AUTO LIABILITY $ RETENTION $0 &EMPLOYERS LIABILITY - $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITYTORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE 7 E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ M es,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS THE ECR BOARD, THE CITY OF WEST PALM BEACH AND ITS COMMISSIONERS, OFFICERS, EMPLOYEES AND AGENTS ARE LISTED AS ADDITIONAL INSURED ON THE GENERAL LIABILITY POLICY AS THEIR INTERESTS MAY APPEAR. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL CITY OF BOYNTON BEACH 124 E. WOOLBRIGHT RD. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR BOYNTON BEACH, FLORIDA 33435 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE cp�WOVItIon ACORD 25(2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and loco are registered marks of ACORD Tokio Marine Specialty Insurance Company PI-WDI-057(10/17) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY COVERAGE FORM WATER DISTRICTS INSURANCE PROGRAM A. SECTION II—WHO IS AN INSURED is amended to include as an insured any person(s)or organization(s)whom you are required to add as an additional insured to this policy under a written contract, agreement or permit: 1. Currently in effect or which will become effective during the term of the policy; and 2. Executed prior to the"occurrence,"offense, error, omission,"wrongful act"or"act, error or omission.' B. The insurance provided to this additional insured is limited as follows: 1. That person or organization is an additional insured only with respect to liability arising out of: a. Premises you own, rent, lease or occupy; or b. Your ongoing operations performed for that additional insured as specified in the written contract,agreement or permit. 2. The limits of insurance applicable to the additional insured are those specified in the contract, agreement, permit or in the Declarations of this policy,whichever are less. These limits of insurance are inclusive of and not in addition to the Limits of Insurance shown in the Declarations. 3. Coverage is not provided for liability or damages arising out of the sole negligence of the additional insured. C. The insurance provided to the additional insured does not apply to liability or damages arising out of an architect's, engineer's or surveyor's rendering or failure to render any professional services including: 1. The preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys,field orders,change orders or drawings and specifications;and 2. Supervisory, inspection, architectural or engineering activities. D. Coverage provided by this endorsement will apply on a primary and non-contributory basis if a written contract,agreement or permit specifically requires that this insurance be primary and non- contributory. Otherwise, coverage provided by this endorsement will be excess over any other valid and collectible insurance available to the additional insured whether primary,excess, contingent or on any other basis. All other terms and conditions of this policy remain unchanged. PI-WDI-057(10/17) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.with permission. Client#: 1922268 69USWAT ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY)2/2112019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Yvonne Payne McGriff Insurance Services PHONE 727-803-8119 FAX 888-632-8459 (A/C,No,Ext): (NC,No): 12485-28th Street North E-MAIDRLESS: YPaYne� g me riffinsurance.cm AD Saint Petersburg,FL 33716 INSURER(S)AFFORDING COVERAGE NAIC# 727 327-7070Philadelphia IndemnityI suansa co. 18058 INSURER A: " INSURED INSURER B: U S Water Services Corporation INSURER C: 4939 Cross Bayou Blvd INSURER D: New Port Richey,FL 34652-3434 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP WMILIMITS LTR INSR VD POLICY NUMBER (MM/DDIYYYY) (MDDIYYVY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ _ PR CLAIMS-MADE OCCURPREMISESME TORENTED l M Goccurrence) $ MED EXP(Any one person) $ PERSONAL A.ADV INJURY $ GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ A AUTOMOBILE LIABILITY PHPK1909809 11/30/2018 11/30/2019(Ea aBcideotj INGLE LIMIT 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY (Per accident) $ UMBRELLA LIAB _OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE FR ANY PROPRIETOR/PARTNER/EXECUTIVE DY I N N/A E.L.EACH ACCIDENT $ (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may beattached if more space is required) ECR Board,the City of West Palm Beach and its Commissioners,officers,employees and agents are Additional Insured with respects to General Liability,when required by written contract. CERTIFICATE HOLDER CANCELLATION Cityof Boynton Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 124 E.Woolbright Rd. ACCORDANCE WITH THE POLICY PROVISIONS. Boynton Beach,FL 33435 AUTHORIZED REPRESENTATIVE KiJIL4;t1 14.6144114 ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S22978864/M22451669 DVP Philadelphia Indemnity Insurance Company PI-WDI -082 (10/17) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE Name of Person(s)or Organization(s) (Additional Insured): BLANKET ADDITIONAL INSURED Address: Occupation or Business: Solely with respect to SECTION II—COVERED AUTOS LIABILITY COVERAGE, coverage is extended to the person(s)or organization(s) shown in the endorsement SCHEDULE above, subject however to all limitations, conditions and provisions of this endorsement and the policy to which it is attached. 1. Such inclusion of the Additional Insured shall not increase our limit of liability under this policy. 2. No coverage is provided the Additional Insured under the policy or this endorsement for"bodily injury"or"property damage" arising out of the maintenance of a covered "auto" by person(s)or organization(s)shown in the endorsement SCHEDULE above. 3. No coverage is provided the Additional Insured under the policy or this endorsement unless: a. The"auto(s)" covered by the policy is (are) used in your business. b. Such use is in compliance with the conditions of a written agreement in effect between you and the person(s)or organization(s) shown in the endorsement SCHEDULE above. c. We shall have complete control of all litigation which we are called upon to defend by virtue of this endorsement. We shall be under no obligation to take an appeal from a verdict or decision rendered by any court. If an appeal is taken by the Additional Insured or another insurer, we shall not be obligated to furnish any bond or appeal, or to pay the cost or expense of the appeal or to pay any portion of the interest on any final judgment, accruing as a result of the appeal. All other terms and conditions of this policy remain unchanged. PI-WDI-082 (10/17) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with permission.