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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 C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\INetCache\IE\8RGLJJDT\Piggy-back_- _West_Palm_Beach_(Supp_Staff)_US_W ater_Services(2019)_-_Reso.docx 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 ,-:5;`6.- rte rporate Seal) t1 `'t'f d C % e4 :;%4 „ 6A, ;!10::**„ 4 n xi C:\Users\StanzioneT\AppData\Local\MicrosoR\W indows\INetCache\IE\8 RGLJJDT\Piggy-back_- West Palm Beach (Supp Staff) US_Water_Services(2019)_-_Reso.docx (-9>V°1 - E) 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: Page 1 CAUsenAStanzianzAApp \Local\Micros ft\WinaowslinacaebeaIHE6M 3X\Piggyback..(w Palm Beach_ US_Water services)_frupplemental_Staff_Agnt(2019).Doca 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. Page 2 CAUsers\SuuationeMppdffiaNDxal\Microsoft\windowsUnescarhe lE\HE6MEH3X\Piggyback_( iest PalmBeach_ _U5_Water Ssrvices)_Supplemental_Staff Agmt(2019).DUGX 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 ill 4/ Jam:- A. Chero.f, •ty : ' .rney , eoYNlo U.S.WA 'R SERVICES CORPORATION WITNESSES: /p / B Print Name: Title: G ATTEST: i4ajd)/(1 k\jawit S CRETARY Page 3 c:lu slStan ionetlAppaataIncanMic osoa\windowsvnetrachelaEiESME-13XVigoback (wcsl_Palm_Btack_ US_Water services)_Supplernanal_Staff_Agmt(2019).Docx EXHIBIT A AGREEMENT BETWEEN CITY OF WEST PALM BEACH AND U.S.WATER SERVICES CORPORATION Page 4 CAUsers'Stanzionet\Appdatal ocallMicroso$1WmdowsUnetcacheMHP_6MEH3X1Pig ck (WGst Palm_Beach__ _US_Water Services)_Sappleaental_Staff_Agmt(2A19).Docx