R19-106 RESOLUTION NO. R19-106
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 $110,000.00 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 $110,000.00.
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
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30 not to exceed $110,000.00, 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 /-5- day of QC-40Leoe., 2019.
33 CITY OF BOYNTON BEACH, FLORIDA
34
35 YES NO
36
37 Mayor—Steven B. Grant ✓
38
39 Vice Mayor—Justin Katz
40
41 Commissioner—Mack McCray
42
43 Commissioner—Christina L. Romelus
44
45 Commissioner—Ty Penserga
46
47 VOTE SCJ
48 ATTEST:
49
50
51 i.i/ A. 1_
52 Cry• al Gibson, M
53 City Clerk
54
55
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SUPPLEMENTAL STAFF AGREEMENT
This Agreement is made as of this I 0 day ofC 19 by and between U.S.
WA rot It 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. £1113 16-17-119 to provide
Supplemental Works on an as-needed basis for the City's water and wastewater operation and
management services through June 6, 2020 for an amount not to exceed $110,000.00 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 June 6,2020 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:
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City: Lori LaVerriere,City Manager
City of Boynton Beach
F.O.Box 310
Boynton Beach,Florida 33425
Telephone: (561)742-6010 I 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)7714500
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 Scrutinized 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.
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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 local 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 THE FOREGOING,the parties have set their hands and seals the day
and year first written above.
CITY OF BOYNTON BEACH, FLORIDA
A IThST:
7 - 4�- Br mac.-.
Lori Laverrierey City Manager
Gibson,City Clerk •
APPRO AS FORM: u
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Jam:- A. Chero.f, •ty : ' .rney , eoYNlo
U.S.WA 'R SERVICES CORPORATION
WITNESSES: /p /
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Print Name:
Title: G
ATTEST:
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S CRETARY
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EXHIBIT A
AGREEMENT BETWEEN CITY OF WEST PALM BEACH
AND U.S.WATER SERVICES CORPORATION
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