HomeMy WebLinkAboutR-2018-108 City Authorizing To Execute An Amendment To Existing Agreement With U.S. Water Services Corporation For Additional Meter Reading Services In An Amount Not To Exceed $80,000.00 RESOLUTION NO. 2018-108
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AN AMENDMENT TO THE EXISTING AGREEMENT BETWEEN
THE CITY AND U.S WATER SERVICES CORPORATION FOR
ADDITIONAL METER READING SERVICES IN AN AMOUNT NOT TO
EXCEED EIGHTY THOUSAND DOLLARS ($80,000.00); PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on April 12, 2016 the City Commission approved Resolution 2016-024 to
award the Meter Reading Contract to U.S Water Services Corporation and on June 13, 2017,
renewed the contract for a two (2) year period in an amount exceeding Twenty-Five Thousand
dollars ($25,000.00) attached as Exhibit"A"; and
WHEREAS, the original contract awarded in 2016, not to exceed Sixty-Five Thousand
Dollars ($65,000.00), was based on an estimated meter count of four thousand six hundred
(4,600) meters; and
WHEREAS, subsequent to this award the total number of meters now exceeds four
thousand eight hundred (4,800); and
WHEREAS, the increase in rates provided for in the renewal, coupled with the increased
number of meters, as well as additional work being performed relating to the City's meter
replacement program is anticipated to exceed Sixty Five Thousand Dollars ($65,000.00); and
WHEREAS, the Finance Department is seeking approval to amend the existing
agreement for additional meter reading and related services, attached as Exhibit`B", for a not to
exceed an annual amount of Eighty Thousand Dollars ($80,000.00); and
WHEREAS, the City of Dania Beach and U.S. Water Services Corporation wish to
amend the previously approved Meter Reading Services Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. That the foregoing "Whereas" clauses are ratified and confirmed to be true
and correct, and they are made a part of and are incorporated into this Resolution by this
reference.
Section 2. That the City Commission approves the execution of the Amended Meter
Reading Services Agreement with U.S. Water Services Corporation in an amount not to exceed
Eighty Thousand Dollars ($80,000.00) each fiscal year the contract is in place, a copy of which is
attached as Exhibit `B", and made a part of and incorporated into this Resolution by this
reference.
Section 3. That the appropriate City officials are authorized to execute the
Amendment to the U.S Water Services Corporation Meter Reading Services Agreement and any
additional documents pertaining to the Amended Agreement and to take all action necessary to
implement the terms and conditions of the Meter Reading Services Agreement as amended.
Section 4. That the City Manager and City Attorney are authorized to make minor
revisions to such agreement as are deemed necessary and proper for the best interest of the City.
Section 5. That funding for these services shall be subject to and made within the
Water Fund approved level of budget appropriations from the Water Fund Finance Distribution
Water Utility Services Account 401-17-05-533-34-10.
Section 6. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 7. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on August 28, 2018.
ATTEST:
THOMAS SCHNEIDER, CMC TAMARA JAM S
CITY CLERK �'� MAYOR
9$1/SHE'D
APPROVED AS T FO AND CORRECTNESS:
—r� N
THOMJ. AN RO
CITY ATTORNEY
2 RESOLUTION#2018-108
FIRST RENEWAL OF AGREEMENT BETWEEN THE CITY OF DANIA BEACH,FLORIDA,
AND U.S.WATER SERVICES CORPORATION
This is a First Renewal of an Agreement (the "Renewal"), which Agreement, dated
August 2, 2016 (the "Agreement"), exists between the City of Dania Beach, Florida, a Florida
municipal corporation (the "City") and U.S. Water Services Corporation, a Florida corporation
(the "Contractor") with its principal place of business located at 4939 Cross Bayou Boulevard,
New Port Richey, Florida 34652, for water meter reading services. A copy of the existing
Agreement is attached as Exhibit "A", which is made a part of and incorporated into this
Renewal by this reference. The City and Contractor wish to renew the Agreement for two (2)
years up to and including August 2, 2019.
In consideration of the mutual covenants, terms and conditions contained in the
Agreement and in this Renewal of it, and for other good and valuable consideration, the
adequacy and receipt of which are acknowledged and agreed upon, the parties agree to the
following:
1. That the Agreement is renewed and it shall remain in effect up to and including
August 2,2019.
2. That the terms and conditions of the Agreement will remain the same throughout the
term of this Renewal of it.
3. The fees associated with this two (2) year renewal are shown in the attached Exhibit
"B"which is made a part of and incorporated into this Renewal by this reference.
4. That in all other respects, the Agreement is ratified and reaffirmed and remains in
full force and effect.
IN WITNESS OF THE FOREGOING, the parties have executed this Renewal on
2017.
CITY:
ATTEST: PAD IS Fipsr CITY OF DANIA BEACH, FLORIDA,
lorida municipal corporation
LOUISE STILSON, CMC BERT MOWN
CITY CLERK °` ITY MANA ER
APPROVED AS;T FORM AND CORRECTNESS:
TH J. 4NSPRO
CITY ATTORN
WITNESSES: CONTRACTOR:
U.S. Water Services Corporation,a Florida
Corporation
Sigma /e Si e
PRINT Name PRINT Ncaam�
TITLE
Signature
PRINT Name
STATE OF FLO DA
COUNTY OF
BEFORE me on , 2017,personally appearedG!�l��Q->-rk't--'
of U.S. Water Services Corporation, a Florida corporation, who
acknowledged execution of the foregoing Renewal of the Agreement for the use and purposes
mentioned in it, and that the instrument is the sole act and deed of the Contractor. Such person is
personally known to me or has produced �:�fzl>ncn(AA <nLl,�-N as identification.
(�*�ARY PUBLIC
State of Florida
",-cis �--t
PRINT Name of Notary
My Commission Expires:
LOi1RDES MARIA RAMOS
MY COMMISSION N FFISS109
EXPIRES:January 08,2019
2
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AGREEMENT
This is an Agreement ("Agreement") dated A VC-0 S?r "� , 2016, between the
City of Dania Beach, Florida, a Florida municipal corporation (the "City"), with its principal
place of business located at 100 West Dania Beach Boulevard,Dania Beach,Florida 33004, and
U.S: Water Services Corporation., a Florida corporation (the "Contractor'), with its principal
place of business located at 4939 Cross Bayou Boulevard,New Port Richey,Florida 34652.
In consideration of the mutual terms, conditions,promises and covenants set forth in this
Agreement, the sufficiency and receipt of which are acknowledged and agreed upon, City and
Contractor agree as follows:
ARTICLE 1.0
SERVICES AND RESPONSIBILITIES
1.1 The Contractor is to provide water meter reading services throughout the City, as
further described in the Schedule of Fee Services in Exhibit"A",which is applicable for all work
performed during the days of regularly scheduled meter reads per billing cycle; a copy of the
Exhibit is attached and incorporated into this Agreement by this reference. The terms"work"and
"services"may be used interchangeably in this Agreement but both terms refer to services listed
in Exhibit "A". The cost for such services shall not exceed Sixty Five Thousand Dollars
($65,000.00). The Schedule of Service Fees shown for services provided on any day other than
those days meeting the requirements described in Exhibit "A" are contained in Exhibit `S", a
copy of which is also attached and incorporated in this Agreement by this reference. All
documents pertaining to the Request for Proposals(RFP)area also incorporated by this reference
into this Agreement.
1.2 Contractor agrees to do everything required by this Agreement and to comply
with any and all other provisions in the documents and items incorporated by reference into this
Agreement.
1.3 Contractor agrees that all services performed under this Agreement shall be
done in a professional manner,and that the Contractor's efforts will produce quality results.
1.4 Contractor represents to City with full knowledge that City is relying upon these
representations when entering into this Agreement with Contractor, and that Contractor has the
expertise, experience and work force sufficient to timely perform the services to be provided
pursuant to the terms of this Agreement, and the terms of the Request for Qualifications("RFP')
Number 16-001, and the Contractor's response to the RFP,both of which are made a part of and
incorporated into this Agreement by these references.
1.5 Contractor represents to City that Contractor is properly licensed by all
applicable federal, state and local agencies to provide the services specified under this
Agreement. If any of the Contractor's licenses are revoked, suspended or terminated for any
reason by any governmental agency,Contractor shall notify the City immediately.
1.6 Contractor guarantees all services and shall immediately correct any defects or
deficiencies which may appear upon written notification by the City.
ARTICLE 2.0
TERMS AND CQNDPTIONS
2.1 Contractor shall begin to perform the services for the City upon the execution of
this Agreement by the parties.
2.2 The term of the Agreement will be for a one (1) year period with the option to
renew for two(2)additional two(2)year periods upon mutual written agreement of the parties.
2.3 In the event the services are scheduled to end, the City shall notify the
Contractor at least sixty (60) days in advance of its intent to renew or to allow termination to
occur. Should the contract terminate, the Contractor shall continue the services if requested by
the City for up to sixty (60) days to allow for services to begin with a new contractor. The
current Contractor will be reimbursed for the services at the rate in effect when this transitional
period clause is invoked by the City.
2.4 This Agreement may be terminated by City if Contractor fails to perform the
required services upon the City's sole and reasonable approval, after City sends written notice of
any deficiency to Contractor and Contractor does not cure such deficiency within seven(7)days
from the date of such notice. In such event, the Contractor shall be paid compensation for
completed services accepted by the City, if such services meet the City's sole and reasonable
approval, which approval will not be unreasonably withheld. In the event that the Contractor
abandons any required services specified in this Agreement or causes it to be terminated,
Contractor shall indemnify the City against any loss pertaining to its abandonment up to a
maximum of the amount to be paid under this Agreement. All documents and reports prepared
by Contractor shall become the property of City, and such documents shall be delivered by
Contractor to City before payment,if any,is made to Contractor by City.
2.5 Termination of Agreement for Convenience. It is expressly understood and
agreed upon that the City may terminate this Agreement at any time, for any reason, or for no
reason at all,by giving the Contractor notice by certified mail,return receipt requested,directed
to the principal office of the Contractor, thirty (30) days in advance of the termination date. In
the event that the Agreement is terminated pursuant to this provision, the Contractor shall be
entitled to be compensated for the services rendered from the effective date of execution of the
Agreement up to the date of receipt of the Notice of termination. Such compensation shall be
based on the percentage of services completed, as fairly and reasonably determined by City after
conferring with Contractor.
ARTICLE 3.0
COMPENSATION AND METHOD OF PAYMENT
3.1 The Contractor will be compensated on a monthly basis.
3.2 Payment will be made to Contractor at:
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U.S.Water Services Corporation
Attn: Mr. Carl Smith,Vice President
4939 Cross Bayou Boulevard
New Port Richey,Florida 34652
ARTICLE 4.0
CHANGES IN SCOPE OF WORK
4.1 City or Contractor may request changes that increase, decrease or otherwise
modify the services, as described in this Agreement. These changes may affect the
compensation, and, if so, they must be described in a written amendment of this Agreement,
executed by the parties,prior to any deviation from the terms of this Agreement. In no event will
Contractor deviate or permit deviation from the services described in this Agreement without
City's advance written consent.
ARTICLE 5.0
PROTECTION OF CITY'S PROPERTY
5.1 At all times during the performance of this Agreement, the Contractor shall
protect the City's property and the property of others from all damage whatsoever on account of
Contractor's performance of the required services.
ARTICLE 6.0
INDEMNIFICATION
6.1 The Contractor shall,in addition to any other obligation to indemnify the City and
to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City,
including its agents, elected officials and employees from and against all claims, actions,
liabilities,losses(including economic losses),or costs arising out of any actual or alleged:
(a) bodily injury, sickness, disease or death, or injury to or destruction of
tangible property including the loss of its use resulting from, or any other damage or loss
arising out of or resulting or claimed to have resulted in, whole or in part, due to the
negligence of the Contractor or its subcontractors, anyone directly or indirectly employed
by any of them, or anyone for whose acts any of them may be liable in the performance
of the services;
(b) any violation of law, statute, ordinance, governmental administrative
order, rule, regulation, or infringement of patent, copyright or trademark rights by
Contractor or its subcontractors in the performance of the services.
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ARTICLE 7.0
INSURANCE
7.1 The Contractor shall not commence Work under the Agreement until Contractor
has obtained all insurance required under this Article,and not until such time that the coverages
are approved by the Risk Manager of the City. The Contractor shall not allow any employee of
Contractor or any Subcontractor to commence Work on any subcontract until the Subcontractor
and all Coverages required of any Subcontractor have been obtained and approved by the Risk
Manager of the City. In addition,Contractor shall be responsible for any and all policy
deductibles and self-insured retentions.
The following are requirements that must be met regarding the Contractor's delivery of
Certificates of Insurance for all coverages required in the Agreement;
7.2 Official Certificates of Insurance must be delivered to the City Clerk's office and
Risk Manager of the City.
7.3 All Certificates of Insurance must clearly identify the contract to which they
pertain, including a brief description of the subject matter of the contract. The certificates shall
contain a provision that coverage afforded under the policies will not be canceled until at least
thirty (30) days' prior written notice has been given to City. If this coverage is not provided,
then Contractor is responsible for such notice to City. Insurance policies for required coverages
shall be issued by companies authorized to do business under the laws of the State of Florida and
any such companies' financial ratings must be no less than A-VII in the latest edition of the
`SEST'S KEY RATING GUIDE", published by A.M. Best Guide. In the event that the
insurance carrier's rating shall drop, the insurance carrier shall immediately notify the City in
writing.
7.4 Coverages shall be in force until all work required to be performed under the
terms of the Agreement,including any applicable warranty period, is satisfactorily completed as
evidenced by the formal written acceptance by the City. In the event insurance certificates
provided to City indicate that the insurance shall terminate and lapse during the period of the
Agreement, including any applicable warranty period, then in that event, the Contractor shall
fiunish, at least thirty(30) days prior to the expiration of the date of such insurance, a renewed
Certificate of Insurance as proof that equal and like coverages for the balance of the period of the
Agreement, including any extension of it, and including any applicable warranty period, is in
effect. THE CONTRACTOR AND ANY SUBCONTRACTOR (IF APPROVED IN
ADVANCE IN WRITING BY THE CITY) SHALL NOT PERFORM OR CONTINUE
WORK PURSUANT TO THE AGREEMENT, UNLESS ALL COVERAGES REMAIN IN
FULL FORCE AND EFFECT. ANY DELAY IN THE WORK CAUSED BY A LAPSE IN
COVERAGE SHALL BE NON-EXCUSABLE, SHALL NOT BE GROUNDS FOR A
TIME EXTENSION, AND WILL BE SUBJECT TO ANY OTHER APPLICABLE
PROVISIONS DESCRIBED IN THE AGREEMENT OR ELSEWHERE IN THE RFP.
DOCUMENTS CONCERNING CONTRACTOR DELAY.
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INSURANCE REOUIREMENTS
7.5 The below coverages are minimum limit requirements. Umbrella or Excess
Liability policies are acceptable to provide the total required liability limits, as long as the Risk
Manager of the City reviews and approves in writing the insurance limits on each of the policies.
The City must approve any changes to these specifications and has the right to review and amend
coverage requirements. The Contractor shall be held responsible for any modifications,
deviations,or omissions in these insurance requirements. Contractor shall be responsible for any
deductible amounts.
7.6 GENERAL LIABILITY INSURANCE is to include bodily injury, broad form
property damage, products/completed operations, blanket contractual liability, and personal
injury with limits of no less than One Million Dollars ($1,000,000.00) per occurrence, and Two
Million Dollars($2,000,000.00)annual aggregate.
SPECIAL PROVISIONS AS TO GENERAL LIABILITY INSURANCE:
(to be confirmed on or attached to the Official Certificate of Insurance)
Annual Aggregate shall apply"Per Job";
• "The City of Dania Beach,Florida"is named as"Additional Insured!;
• Additional Insured status is included for Products completed operations coverage
for a period of no less than five(5)years following the completion of the Work or
Project;
• Additional insured coverage shall be no more restrictive than Insurance Services
Office(ISO)form CG 2037(07 04);
• Contractor's insurance shall be primary and non-contributory;
• 30 Days' Notice of Cancellation or modification to City (if not available on the
insurance policies,then Contractor has responsibility for notification);and
• Copy of Additional Insured Endorsement or other endorsements may be attached
to the Certificate.
7.7 WORKERS' COMPENSATION AND EMPLOYER'SLIABELITY
INSURANCE shall be maintained by Contractor and any approved Subcontractors
during the term(s)of the Agreement, or any renewal or extension period of it,and it is to
apply to all"statutory employees"of the Contractor(as that phrase is defined by Chapter
440, Florida Statutes), in compliance with the Workers' Compensation Law of the State
of Florida and all applicable federal laws,for the benefit of the Contractor,its employees,
and Subcontractors.
In the case any services are subcontracted as otherwise addressed in the Agreement or
RFP Documents, the Contractor shall require any Subcontractors similarly to provide
Workers' Compensation Insurance for all of the latter's employees, in addition to any
coverage afforded by the Contractor,by furnishing statutory limits Part A.
Employer's Liability Part B shall be provided in an amount of no less than Five Hundred
Thousand Dollars ($500,000.00) per occurrence, and One Million Dollars
($1,000,000.00)annual aggregate.
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IN NO EVENT SHALL THE CONTRACTOR BE PERMITTED TO UTILIZE IN THE
PROSECUTION OF THE WORK, THE FOLLOWING: n ANY EMPLOYEE,
SUBCONTRACTOR OR SUBCONTRACTOR EMPLOYEE WHO IS EXEMPTED OR
PURPORTED TO BE EXEMPT FROM WORKERS' COMPENSATION INSURANCE
COVERAGE; OR II)ANY EMPLOYEE,SUBCONTRACTOR OR SUBCONTRACTOR
EMPLOYEES WHO WELL BE COVERED BY AN EMPLOYEE LEASING
ARRANGEMENT.
SPECIAL PROVISIONS AS TO WORKERS'COMPENSATION INSURANCE:
(to be confirmed on or attached to the Official Certificate of Insurance)
• 30 Days'Notice of Cancellation or modification to City(if not available on the
insurance policies,then Contractor has responsibility for notification);and
• Waiver of Subrogation in favor of the City.
7.8 AUTOMOBILE LIABILITY INSURANCE shall be maintained with combined
single limits of no less than Two Million Dollars ($2,000,000.00), to include coverage for
owned,hired,and non-owned vehicles.
SPECIAL PROVISIONS AS TO AUTOMOBILE LIABILITY INSURANCE:
(to be confirmed on or attached to the Official Certificate of Insurance)
• "The City of Dania Beach,Florida"is named as an additional"named"insured";
• 30 Days'Notice of Cancellation or modification to City(if not available on the
insurance policies,then Contractor has responsibility for notification);and
• Waiver of Subrogation in favor of the City.
If Contractor hires a subcontractor for any portion of any services and City advance
approval is secured, then such subcontractor shall provide General Liability insurance with
minimum limits of liability of One Million Dollars ($1,000,000.00), subject to the Special
Provisions above.
ARTICLE 8.0
INDEPENDENT CONTRACTOR
8.1 This Agreement does not create an employee/employer relationship between the
parties. Contractor agrees that it is not the City's employee for any purposes, including but not
limited to,the application of the Fair Labor Standards Act, minimum wages' laws and overtime
payments, Federal Insurance Contribution Act, the Social Security Act, the Federal
Unemployment Tax Act, the provisions of the Internal Revenue Code, the Florida Workers'
Compensation Act,the Florida unemployment insurance law and any other law or regulation of
any kind_ The Contractor shall retain sole and absolute discretion and exercise its judgment as to
the manner and means of carrying out Contractor's activities and responsibilities toward
completion of the services. Administrative procedures applicable to services rendered under this
Agreement shall be those of Contractor,which policies of Contractor shall not conflict with City,
H.U.D., or United States policies, rules or regulations relating to the use of Contractor's funds
provided for in this Agreement. The Contractor agrees that it is a separate and independent
enterprise from the City, that it has full opportunity to find other business, that it has made its
6
own investment in its business, and that it will utilize a high level of experience necessary to
perform the services. This Agreement shall not be construed as creating any joint employment
relationship between the Contractor and the City and the City will not be liable for any obligation
incurred by Contractor,including but not limited to,unpaid minimum wages,overtime premiums
or both.
ARTICLE 9.0
DEFAULT OF AGREEMENT AND REMEDIES
9.1 In case of any default by Contractor, the City shall notify the Contractor, in
writing,of such default and direct Contractor to comply with all provisions of the Agreement. If
Contractor does not timely cure such default after notice is sent by City, City may declare a
default of this Agreement and may notify the Contractor of such declaration of default, in
writing,and terminate the Agreement.
ARTICLE 10.0
BANKRUPTCY
10.1 It is agreed that if the Contractor is adjudged bankrupt, either voluntarily or
involuntarily, then this Agreement shall terminate effective on the date and at the time the
bankruptcy petition is filed, and Contractor will automatically be in default of this Agreement
and the provisions of Article 9 will be enforced at City's discretion.
ARTICLE 11.0
DISPUTE RESOLUTION
11.1 Venue; Fees. All claims, counterclaims, disputes and other matters in question
between City and Contractor arising out o� relating to or pertaining to this Agreement, or the
breach of it,or the services of it,or the standard of performance required in it, shall be addressed
by resort to non-binding mediation as authorized under the laws and rules of Florida; provided,
however, that in the event of any dispute between the parties, the parties agree to first negotiate
with each other for a resolution of the matter or matters in dispute and, upon failure of such
negotiations to resolve the dispute, the parties shall resort to mediation. If mediation is
unsuccessful, any such matter may be determined by litigation in a court of competent
jurisdiction in Broward County, Florida, or the Federal District Court of the Southern District of
Florida and appropriate appellate courts for such venue and jurisdiction. In any litigation, the
parties agree to each waive any trial by jury of any and all issues. In the event of any litigation
which arises out of, pertains to, or relates to this Agreement, the breach of it, or the standard of
performance required in it, the prevailing party shall be entitled to recover reasonable attorney
fees from the non-prevailing party.
11.2 Operations During Dispute. In the event that a dispute, if any, arises between
the City and the Contractor relating to this Agreement, or its performance or compensation, the
Contractor agrees to continue to render service in full compliance with all terms and conditions
of this Agreement as required by the City.
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ARTICLE 12.0
PUBLIC RECORDS LAW
12.1 Contractor agrees to keep and maintain public records in Contractor's
possession or control in connection with Contractor's performance under this Agreement.
Contractor additionally agrees to comply specifically with the provisions of Section 119.0701,
Florida Statutes. Contractor shall ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed, except as authorized by
law, for the duration of the Agreement, and following completion of the Agreement until the
records are transferred to the City.
12.2 Upon request from the City custodian of public records, Contractor shall 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 by Chapter 119,Florida
Statutes, or as otherwise provided by law.
12.3 Unless otherwise provided by law, any and all records, including but not limited
to reports, surveys, and other data and documents provided or created in connection with this
Agreement are and shall remain the property of the City.
12.4 Upon completion of this Agreement or in the event of termination by either party,
any and all public records relating to the Agreement in the possession of the Contractor shall be
delivered by the Contractor to the City Manager, at no cost to the City, within seven (7) days.
All such records stored electronically by Contractor shall be delivered to the City in a format that
is compatible with the City's information technology systems. Once the public records have
been delivered upon completion or termination of this Agreement, the Contractor shall destroy
any and all duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements.
12.5 Any compensation due to Contractor shall be withheld until all records are
received as provided in this Article.
12.6 Contractor's failure or refusal to comply with the provisions of this section shall
result in the immediate termination of this Agreement by the City.
Section 119.0701(2)(a),Florida Statutes
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS.
Custodian of Records: LOUISE STILSON,CITY CLERK
Mailing Address: 100 W.Dania Beach Boulevard
Dania Beach,Florida 33004
Telephone number: 954-924-9800,Ext.3623
Email: htllson@ci.dania-beach.fl.us
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ARTICLE 13.0
MISCELLANEOUS
13.1 Legal Representation. It is acknowledged that each party to this Agreement had
the opportunity to be represented by counsel in the preparation of this Agreement. Further, the
rule that a contract shall be interpreted strictly against the party preparing same shall not apply to
this Agreement due to the joint contributions to it of both parties.
13.2 Assignments, Subcontracts and Amendments. This Agreement, and any
interests in it, shall not in whole or in part be assigned, subcontracted, transferred in any way or
otherwise encumbered,under any circumstances by Contractor without the prior written consent
of City. For purposes of this Agreement, any change of ownership of or controlling interest in
Contractor shall constitute an assignment which requires City approval. Violation of the terms
of this paragraph shall constitute a breach of this Agreement by Contractor and City may, in its
discretion, cancel this Agreement and all rights of Contractor under this Agreement will
terminate.
It is further agreed upon that no modification, amendment or alteration of the terms or
conditions contained in this Agreement shall be effective unless contained in a written document
executed by the parties.
13.3 No Contingent Fees. Contractor warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for the Contractor,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 Contractor
any fee, commission, percentage, gift or other consideration contingent upon or resulting from
the award or making of this Agreement. For the breach or violation of this provision, the City
shall have the right to terminate the Agreement without liability and, in its discretion, to deduct
from the Agreement price, or otherwise recover the full amount of such fee, commission,
percentage,gift or consideration.
13.4 Notice. Whenever any party desires to give notice to the other party, it must be
given by written notice, sent by certified United States mail, return receipt requested, addressed
to the party for whom it is intended. The addresses for the giving of notice shall remain as set
forth below until they shall have been changed by written notice in compliance with the
provisions of this section. For the present,the Contractor and the City designate the following as
the respective persons and places for the giving of notice:
City. Robert Baldwin,City Manager
City of Dania Beach,Florida
100 West Dania Beach Boulevard
Dania Beach,Florida 33004
Copies to: Thomas J.Ansbro,City Attorney
City of Dania Beach,Florida
100 West Dania Beach Blvd.
Dania Beach,FL 33004
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Contractor: U.S.Water Services Corporation
Attn: Mr. Carl Smith,Vice President
4939 Cross Bayou Boulevard
New Port Richey,Florida 34652
13.5 Binding Authority. Each person signing this Agreement on behalf of either
party individually warrants that he or she has full legal power to execute this Agreement on
behalf of the party for whom he or she is signing, and is authorized to bind and obligate such
party with respect to all provisions contained in this Agreement.
13.6 Headings. Headings in this Agreement are for the convenience of reference
only and shall not be considered in any interpretation of this Agreement.
13.7 Severability. If any provision of this Agreement or application of it 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, and shall continue
in full force and effect,and shall be enforced to the fullest extent permitted by law.
13.8 Governing Law. This Agreement shall be governed by the laws of the State of
Florida with venue lying in Broward County,Florida.
13.9 Extent of Agreement. This Agreement represents the entire and integrated
Agreement between the City and the Contractor and supersedes all prior negotiations,
representations or agreements,either written or oral.
13.10 Waiver. Failure of the City to insist upon strict performance of any provision or
condition of this Agreement, or to enforce any right contained in it, shall not be construed as a
waiver or relinquishment for the future of any such provision, condition or right, but the same
shall remain in full force and effect.
13.11 Conflict. In the event there is a conflict between any of the terms in any of the
documents contained in any Exhibit to this Agreement or the RFP, and any terms.of this
Agreement,the terms of this Agreement shall prevail.
10
IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day
and year first written above.
CITY:
CITY OF DANIA BEACH,FLORID
ATTEST: a Florida m II corp tion
U k)
LOUISE STILSON,CMC o�pRax TALVINO
CITY CLERK ♦� _ c, YOR
1
BERT ALDWIN
ITY MANAGER
APPROVED FOR FORM AND
CORRECTNESS:
J�OA-
TH S =ABRIbC ATTY
11
CONTRACTOR:
WITNESSES: U.S.WATER SERVICES
CORPORATION,a Florida Corporation
Si Signature
PRINT Name PRINT Name
e- i coo
tore Title
� s5
PRINT Name
STATE OF FLORIDA
COUNTY OF '-�6
BEFORE me on 2016, personally appeared
as 5i[-v P `+, C-V y of U.S. Water Services Corporation., a Florida
corporation, who acknowledged execution of the foregoing Agreement for the use and purposes
mentioned in it, and that the instrument is the act and deed of the Contractor. Such person is
personally known to me or produced as identification.
NOTARY PUBLIC
State of Florida
My Commission Expires: 10-Zct-Z a tt.
" a TAMW DIANN OOKS
• • MY COMMISSION MFFOel IM
EXPIRES Oftbsr 2o,2M 7
eoi-0t� .con
12
Exhibit"A"
Schedule of Service Fees
Effective May 2016
Meter Reading Services:
Conduct Meter Reading for the City ofDania Beach,Florida $1.12 per meter read
Field Services Priced on a Per Event Basis(Residential/Small Commercial):
a. Mass Turn off: $ 3.50 per event
b. Mass Turn on: $ 3.50 per event
c. Check Leak: $ 5.50 per event
d. Meter Box Lid Replace: (5/8"-1"): $ 8.50 per event
e. MetCh aout Lda6"RPface $/8" 1 ). 120r ee '
e.c an nd e evp t
f. Meter Change out:(5/8"—1"): $ 8.50 per event
g. Met er arid;,Box/Lid:('S/8""�1") $'15.00'per ever
h. Site Evaluation: $ 5.50 per event
• The above shown prices are for services other than meter reading which are necessary or
requested to be performed during the regularly scheduled days for meter reading as
determined by the billing cycle and are applicable provided USWSC personnel are on site and
available to perform such services.The field services performed will be by the USWSC staff
member assigned to and on site at the time of performing regularly scheduled meter reading
services as defined within the Contract.
• Any Field services conducted by USWSC staff who are not assigned to this project or by staff
assigned who are not currently on-site within the Dania Beach system will be priced at the rates
found in Schedule B.
• Field service prices as shown In Exhibit"A"are based on events being conducted during the
normal business hours—Monday through Friday,7:30 a.m.to 5:00 p.m.on days the meters are
regularly scheduled to be read.
• "Mass"is defined as systems wide monthly scheduled off/on events conducted during the
normal course of"past due"shut offs)/turn on(s)due to lack of payment by customers and are
scheduled"shut-off days"that are consistently performed in"Mass"each month/quarter.Turn
on(s)/off(s)services conducted at other times as a"one-off or non"mass"situation would be
priced at the"site Evaluation"price per event provided the time of such services meets the
requirements of Exhibit"A"pricing.
13
Exhibit"B"
Schedule of Service Fees
Effective May 2016
1. Project Manager $100.40 per hour
2. Maintenance Technician(distribution/collection) $ 58.36 per hour
3. Certified Back Flow Prevention Technician $ 74.47 per hour
4. Water/Wastewater Plant Operator(LEAD) $ 80.20 per hour
5. Water/Wastewater Plant Operator $ 59.06 per hour
6. Customer Service/Billing Supervisor $ 46.00 per hour
7. Field Technician Supervisor: $ 59.06 per hour
8. Customer Services Call Center/Billing Representative $ 40.00 per hour
9. Field Technician(LEAD): $ 57,00 per hour
10. Field Technician: $ 55.00 per hour
11. Administrative Support $ 40.00 per hour
12. Field Services Priced on a Per Event Basis(Residential/Small Commercial):
a. Non Mass Turn off: $ 16.00 per event
b. Non Mass Turn on: $ 16.00 per event
c. Check leak: $ 28.00 per event
d. Meter Box lid Replace: (5/8"-1"): $ 31.00 per event
e. Meter Change out,Lid and Box Replace:5/8"—1"): $ 52.00 per event
f. Meter Change out:(5/8"—1"): $ 45.00 per event
g. Meter and Box/Ud:(5/8"—1"): $ 65.00 per event
h. Site Evaluation: $ 28.00 per event
• Field Services are based on events being conducted during the normal business hours—Monday
through Friday 7,30 am—5:00 pm.
• "Non Mass"is defined as events that are not conducted during days that the normally scheduled
course of"past due"shut offs/turn ons"occur but rather consists of multiple shut off/turn on(s)
requested on non-regularly scheduled meter reading or"mass"days.Turn on/off(s)conducted
as a"one-off"situation would be priced at the above"site evaluation"price per event.
• Field Service Prices are associated to those events whereby the"Events"are within a 30 minute
normal drive time by USWSC personnel between events
• Field Services assumes no materials/equipment/couplings or other materials needed in order to
perform services provided by USWSC
14
s
Labor Rates of 1.5 times the regular hourly rates presented will apply under the following
circumstances:
o Monday-Friday from 5:00 p.m.to 7:00 a.m,and weekends at all hours
o Labor Rates of 2.0 times the regular hourly rate will apply on holidays recognized by
USWSC.
15
ACV
%---- CERTIFICATE OF LIABILITY INSURANCE 10,21120"5
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),AUTHORI2EO REPRESENTATIVE
OR PRODUCER AND THE CERTIFICATE HOLDER.
IMPORTANT:H the osdiflool s holds►N an ADDITIONAL BIsIRF.D,1hs peRey(iss)mwt bBandora d.If SUBRORATION IS W/UYED,whHoteo tl»tnmsa w oondomw
aI tha pok7.carhin policies may regWro en�A ahterarrt m thla osrtfBode dose not omAw rlBAls b tw oartlReab laktw U Iku of arch endorawawrHN
PRODUCERPHONE
C IIC'T
Joked Risk 9ezviam, mmo. ( ,Eaq: (A�rG No): (877)234-4421
10895 Old Mill. Ad E-AIAM.
O=ba. = 68154 AODIM :
PRODUCER
CUSTOMER 10
(877)134-4430 A
YtStMERS)AFFO DWCOYiIABE NAZI;
wisuram INSURER A.
U.S. Watm nowrLCaR Cozsoozatim INSURERB;
dta V.S. Naw Boxvic" c=vo -stim N SURERC;
4939 Ccass Bayou Blvd INSURER D.
Msw last RicbW. aL 34653-3434
INSURER E:
ME; 1273 1089688 INSURERF. i
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 TOALL I
THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, I
LTR TYPE om TY POLICY POLICY BFF POLICY EXP
tIERAL UAttR ITY LRiaiS i
YIL GENERAL LIABILITY ❑ a 00 E121
i _ I
I
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NJURYATE OBdLAGGRE/3ATELIMRAPPLIES PER: 7PAflGAUTOMOOU LJABaJ1Y L6aTANYAUTO ❑ ❑ALLOINNEDAUTOS _—
SCHEDULED AUTOS BODLY
HIREDAUTDS PROPl9iIY DAMAGE
NON•N&M AUTOS
UKerAL"LMIB ODOM EACH OCCURRENCE
EMIZWO B LIAS CLANAS MADE ❑ ❑ ELATE
DEDUCT03LE
RETENTION S
TommuCOMP2111SATION AND931PLOYartIrLMOLITY vim
❑ S A -
l3 ®A 73-84337-01-04 10/31/SSS /306 .11000,000
(9mmI,ably h mq E.L.DISEA86"aW.oM It 1,000,000
"SPEf.IALvtSbNS uearr E.L.DISEDAW.Mgy LW. IS 1,000,000
11,
BCRIPTM OF OPERATXM ILOCATUM/VEHL%B(ARsoh AaaN,aT,AddMond RmmwM BWm dda,M mwo qmm b wpub*M
CERTIFICATE HOLDER CANCELLATION
V.S. "ftw services ommmmitim SHOULD ANY OFTHEABOVII DtMlFMW POUCH Be CANf.LLLW BEFORE THE
4939 17% ngpti Blvd THE POLJCY NOTICE YVAJ.BE OBUVEA�Bt ACCORDANCE TRTII
Now ftct Rl d7eyy, 8L 34652 306 AtfTttoR®IMPR68iINd11V[
�_ �� � W L039971
ACORD 2S(211ft" Thm ACORD mama amd lW araia0lYarad urtla of ACORD oidb4mmAcOND coffORxnmL Au rlphts nrarrad.
ISNI
,�►�Q®® CERTIFICATE OF LIABILITY INSURANCE DAT o7/08rosn ols1 01 6 )
PRODUCER SM-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 O BOX 701340
ST CLOUD,FL 34770-1340 INSURERS AFFORDING COVERAGE NAIC 6
INSURED INSURER A:ARCH INSURANCE COMPANY
U.S WATER SERVICES CORPORATION INSURER B:
4939 CROSS BAYOU BOULEVARD INSURERC:
NEW PORT RICHEY,FL 34652 INSURER D:
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.
POLICYNUMBER POLICYEFFECM DATE OMIDOnnnM POLICYEXPQURTION WAYS
A Y GENERALLIABSJTY EACH OCCURRENCE i 1,000000
X COMMERCIAL GENERAL LIABILITY GWPKG0077210 11/30/15 11/30/18 i 100,000
CLAIMS MADE NI OCCUR MED EXP(Any one pawn i 10,0()()
PERSONAL&ADV INJURY $ 1,000,000
GENERAL AGGREGATE i 3,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGO S 3,000,000
POLICY 7 1S0j X LOC
A Y AUTOM108"LIA9EIfY COMBINED SINGLE LIMIT i 1,000,000
X ANY AUTO GWPKGO077210 11/30/15 11/30/18
ALL OWNED AUTOS BODILY INJURY
SCHEDULEDAUTOS (AP—) i
X HIRED AUTOS BODILY
L JU ILY INJURY
X NON-OWNED AUTOS i
PROPERTY DAMAGE i
(Perscdden)
GARAGE LIAIMUTY AUTO ONLY-EA ACCIDENT S
ANYAUTO OTHER THAN EAACC i
AUTO ONLY: AGO $
A EXCEWIUNNItELLALIABILITY EACH OCCURRENCE $ 5,00O,0D0
X OCCUR CLAIMS MADE GWFXS0077205 11/30/15 11/30/16 AGGREGATE $ 5,000,000
EXCESS OF GENERAL i
LIABILITY,AUTO LIABILITY DEDUCTIBLE &EMPLOYERS LIABILITY i
RETENTION R S $
WORKERSCoMEPENSATION wC STATLIMU- OTH-
AND EMPLOYERS'LIABILITY Y I N CRY
ZIL
ANY PROPRIETORPARTNERIF1MCU NE❑ E.L.EACH ACCIDENT i
OFFVX"EMBER EXCLUDED?
(Mandatory In NH) E.L.DISEASE-EA BA PLOYEE S
It yu o'esa>be Isdar
SPECIAL PROVISIONS below E.L.DISEASE•POLICY LIMIT i
OTHER
OESCRp110N OF OPMMTJONS I LOC.ATNINS I VENICLES I EXCLUSIONS ADDED BY ENDORSISMEMTI SPECIAL PROVISIONS
THE CITY OF DANIA BEACH,FLORIDA IS LISTED AS AN ADDITIONAL INSURED WITH RESPECT TO COMMERCIAL GENERAL
LIABILITY AND AUTOMOBILE LIABILITY AS THEIR INTERESTS MAY APPEAR.
CERTIFICATE HOLDER CANCELLATION
SHOULDANY OF THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
CITY OF DANIA BEACH NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
100 WEST DANIA BEACH IMPOSE NO OBUGATION OR LIABILITY OF AMY IGMD UPON THE INSURER,ITS AGENTS OR
DANIA BEACH,FL 33004 REPRESFJNTAT(M
AIITHORIM REPRESiTiTATTVE
ACORD 25(2009101) 01988-2009 ACORD CORPORATION, All rights reserved.
The ACORD name and logo are registered marks of ACORD
ARCH INSURANCE COMPANY
ENDORSEMENT NO.
ATTACHED TO AND ENDORSEMENT EFFECTNE
FORMING A PART OF (Standard Time) INSURED AGENCY AND CODE
POLICY NUMBER MO. DAY YR. 12:01 NOON
AM.
GWPKGO077210 11 30 2015 X U.S.WATER SERVICES GW001
CORPORATION
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
WATER DISTRICTS INSURANCE PROGRAM—LIABILITY COVERAGE
Additional Premium:INCLUDED
A. SECTION II -WHO IS AN INSURED is amended 3. Coverage is not provided for liability or
to include as an insured any person or damages arising out of the sole negligence of
organization whom you are required to add as an the additional insured.
additional insured to this policy under a written C. The insurance provided to the additional insured
contract,agreement or permit: does not apply to liability or damages arising out of
I. Currently in effect or which will become an architect's, engineer's or surveyor's rendering
effective during the term of the policy;and or failure to render any professional services
2. Executed prior to the 'occurrence", offense, including:
error, omission, `wrongful act"or'act error or 1. The preparing, approving or failing to prepare
omission'. or approve, maps, shop drawings, opinions,
B. The insurance provided to this additional insured reports, surveys, field orders, change orders
is limited as follows: or drawings and specifications;and
1. That person or organization is an additional 2. Supervisory, inspection, architectural or
insured only with respect to liability arising out engineering activities.
Of D. Coverage provided by this endorsement will apply
a. Premises you own, rent, lease or occupy, on a primary and non-contributory basis if a written
or contract, agreement or permit specifically requires
b. Your ongoing operations performed for contributory.
is insurance be primary and non-
ry
that additional insured as specified in the Otherwise, coverage provided by this
written contract,agreement or permit. endorsement will be excess over any other valid
2. The limits of insurance applicable to the and collectible insurance available to the
additional insured are those specified in the additional insured whether primary, excess,
contract, agreement, permit or in the contingent or on any other basis.
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.
SDO43 00 03 04 Page 1 of 2
ARCH INSURANCE COMPANY
When this insurance is excess, we will have no defend the additional insured against that'suit". If
duty under SECTION I -- INSURING no other insurer defends,we may undertake to do
AGREEMENT to defend the additional insured so, but we will be entitled to the additional
against any"suit"if any other insurer has a duty to insured's rights against all those other Insurers.
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED
AUTHORIZED REPRESENTATIVE DATE
SDO43 00.03 04 Page 2 of 2
THE;ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the foWng.
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form
apply unless modified by the endorsement.
This endorsement is effecfive on the inoeplion dais of the policy unless another date is Ir d ealed
below.
SECTION II —LUOLrTY COVERAGE, 1. MIO IS AN INSURED is amended to include as an
"Insured"the person(s) or orgerdzafion(s)Hamad In the Sdiedule below, but only with respect to
their legal iabliy for acts or omissions of a person for whom Liabiity Coverage is afforded under
this policy. You are authorised to act for the add oonal insured named In the Schedule in all
matters pertaining to this insurance.
SCHEDULE
Ifim and Address of AddMwW kwed:
BLANKET ADDITIONAL INSURED
All other terms and condilons of this Policy remain unchanged.
Endorsement Number:
Policy Number: GWPKGO077210
Named Insured:U.S. WATER SERVICES CORPORATION
Endorsement Effed{ve D860:11-3 0-15 local Standard Tuna at the Rrst Named Insured's
address.
00 CA0070 00 09 06 NMA®00" Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NON-CONTRIBUTING INSURANCE ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
The following is added to Section G—General Conditions,Paragraph 5:
Section G: General Conditions
5. Other Insurance:
e. Notwithstanding the provisions of sub-paragraphs a, b, c and d of this paragraph 5,
with respect to the Third Party shown below, it is understood and agreed that in the
event of a claim or"suit" arising out of the Named Insured's sole negligence, this
insurance shall be primary and any other insurance maintained by the additional
insured named as the Third Party below shall be excess and non-contributory.
The Third Party to whom this endorsement applies:
Absence of a specifically named Third Party above means that the provisions of this endorsement
apply as required by written contractual agreement with any Third Party for whom you are
performing work.
All other terms, conditions and exclusions under this policy are applicable to this Endorsement
and remain unchanged.
All other terms and conditions of the Policy remain unchanged.
Endorsement Number.
Policy Number: GWPKG0077210
Named Insured:U.S. WATER SERVICES CORPORATION
This endorsement is effective on the inception date of this Policy unless otherwise stated herein:
Endorsement Effective Date: 11-3 0-15
00 CA0100 00 04 09 Page 1 of I
n*U=OWY
EXHIBIT"B"
Schedule of Service Fees
Effective August 2017
Meter Reading Services:
Conduct Meter Reading for the City of Dania Beach, Florida $1.17 per meter read
Field Services Priced on a Per Event Basis(Residential/Small Commercial):
a. Mass Turn off: $ 3.61 per event
b. Mass Turn on: $ 3.61 per event
c. Check Leak: $ 5.67 per event
d. Meter Box Lid Replace: (5/8"-1"): $ 8.76 per event
e. Lid and Box Replace: 5/8"—1"): $ 12.88 per event
f. Meter Change out: (5/8"—1"): $ 8.76 per event
g. Meter and Box/Lid: (5/8"—1" ): $ 15.45 per event
h. Site Evaluation: $ 5.15 per event
• Above Field Service Prices in Schedule A are only applicable between the City of Dania Beach,
Florida as it relates solely to the Meter Reading Contract and that the Field Services performed
will be by the USWSC staff member assigned to and in conjunction with performing meter
reading services as defined within the Contract.
• Any Field services conducted by USWSC staff who are not assigned to this project or by staff
assigned who are not currently on-site within the Dania Beach system will be priced at the rates
found in Schedule B.
• Field Services are based on events being conducted during the normal business hours—Monday
through Friday 7:30 am—5:00 pm.
• "Mass" is defined as events are conducted during the normal course of"past due" shut
offs/turns due to lack of payment by customers. Utilities have scheduled "shut-off days"that
are consistently performed each month/quarter.Turn on/off conducted as a "one-off situation
would be priced at the"site Evaluation" price per event.
EXHIBIT"B" (cont.)
Schedule of Service Fees
Effective August 2017
1. Project Manager $100.40 per hour
2. Maintenance Technician(distribution/collection) $ 58.36 per hour
3. Certified Back Flow Prevention Technician $ 74.47 per hour
4. Water/Wastewater Plant Operator(LEAD) $ 80.20 per hour
S. Water/Wastewater Plant Operator $ 59.06 per hour
6. Customer Service/Billing Supervisor $ 46.00 per hour
7. Field Technician Supervisor: $ 59.06 per hour
8. Customer Services Call Center/Billing Representative $ 40.00 per hour
9. Field Technician (LEAD): $ 57.00 per hour
10. Field Technician: $ 55.00 per hour
11. Administrative Support $ 40.00 per hour
12. Field Services Priced on a Per Event Basis(Residential/Small Commercial):
a. Mass Turn off: $ 16.48 per event
b. Mass Turn on: $ 16.48 per event
c. Check Leak: $ 28.84 per event
d. Meter Box Lid Replace: (5/8"-1"): $ 31.93 per event
e. Meter Change out, Lid and Box Replace: 5/8"—1"): $ 53.56 per event
f. Meter Change out: (5/8"—1" ): $ 46.35 per event
g. Meter and Box/Lid:(5/8"—1" ): $ 66.95 per event
h. Site Evaluation: $ 28.84 per event
• Field Services are based on events being conducted during the normal business hours—Monday
through Friday 7:30 am—5:00 pm.
• "Mass" is defined as events are conducted during the normal course of"past due" shut
offs/turns due to lack of payment by customers. Utilities have scheduled "shut-off days"that
are consistently performed each month/quarter.Turn on/off conducted as a "one-off situation
would be priced at the"site Evaluation" price per event.
• Field Service Prices are associated to those events whereby the"Events" are within a 30 minute
normal drive time by USWSC personnel between events
• Field Services assumes no materials/equipment/couplings or other materials needed in order to
perform services provided by USWSC
• Labor Rates of 1.5 times the regular hourly rates presented will apply under the following
circumstances:
"Monday-Friday from 4:00pm to 7:00am and Weekends at All Hours
"Labor Rates of 2.0 times the regular hourly rate will apply on holidays recognized by
USWSC.
D` CERTIFICATE OF LIABILITY INSURANCE 10/1 /i20
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 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
NAME:
Applied Risk Services, Inc. PHONE FAX (877)234-4421
10825 Old Mill Rd AIC No,Ext: (877)234-4420 (AIC,No):
Omaha, NE 68154 E-MAIL
ADDRESS:
PRODUCER
(877)234-4420 CUSTOMER ID#
INSURERS)AFFORDING COVERAGE NAIC#
INSURED INSURER Continental Indemnity Co. 28258
INSURER B:
U.S. Water Services Corporation
4939 Cross Bayou Blvd INSURER C:
New Port Richey, FL 34652-3434 INSURER0:
INSURER E:
CTL 1273 1243801
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFYTHATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR 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 ADD SUBRI POLICYEFF POLICY EXP
LTR TYPE OF INSURANCE INSR WVD I POLICY NUMBER MWDD MMIDD
GENERAL LIABILITY
EACH Cs(', N E $
COMMERCIAL GENERAL LIABILITY ❑❑ DAMAGETO RENTED $
CLAIMS MADE❑OCCUR
MED EXP(any o $
PERSONAL&ADV INJURY $
GENERAL AGGREGATE $
GEN'LAGGREGATE LIMIT APPLIES PER; PRODUCTS-COMP/OP AGG $
PRO-
POLICY $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
ANY AUTO ❑ E i $
ALL OWNED AUTOS BODILY INJURY Per rson $
SCHEDULEDAUTOS (PerapUdarifi $
HIRED AUTOS PROPERTY DAMAGE
Per acadent $
NON-OWNED AUTOS $
$
UMBRELLA LU18 OCCUR EACH OCCURRENCE $
EXCESS I CLAIMS MADE DE-1
❑ AGGREGATE $
DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION X WC STATU- OTH-
AND EMPLOYERS'LIABILITY
ITO
ANY PROPRIETOR/PARTNEWEXECUTIVE YIN N/A ❑ 7 3-8 9 4 3 5 7-0 1-0 6 10/31/2016 1D/31/2017 E.L.EACH ACCIDENT $ 1,0 0 0.0 0 0 A
OFFICERIMEMBER EXCLUDED?
(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000
H yes,describe under
SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT 1 $ 11000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach Acord 101,Additional Remarks Schedule,If more space Is required)
CERTIFICATE HOLDER CANCELLATION
U.S. Water Services Corporation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
4939 Cross Bayou Blvd BEFORETHE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED
New Port Richey, FL 34652-3434 IN ACCORDANCE WITH THE POLICY PROVISIONS.
Attn: Attn: Project Manager
AUTHORIZED REPRESENTATIVE
'. L039971
ACORD 25(2009/09) 01988-2009 AICORD CORPORATION. All rights reserved
Ac R2® CERTIFICATE OF LIABILITY INSURANCE °"�`'�""°°""'""'
06/21/2017
PRODUCER 888-494-9844 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
LOUIS MORRISON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
OUIS J.MORRISON C$C CONSULTANTS HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
L O BOX 701340 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
ST CLOUD, FL 34770-1340 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURERA;ARCH INSURANCE COMPANY
U.S WATER SERVICES CORPORATION INSURERS:
4939 CROSS BAYOU BOULEVARD INSURER C:
NEW PORT RICHEY,FL 34652 INSURER D:
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 DD'L POLICYNUMBER POLICYEFFECTIVE POLICYEXPwtAT10N LIMITS
A Y GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
X COMMERCIAL GENERAL LIABILITY GWPKGO077211 11/30/16 11/30/17 PR A T R $ 100,000
CLAIMS MADE O OCCUR MEDEXP Anyoneperson) $ 10,000
PERSONAL BADVINJURY $ 1,000,000
GENERAL AGGREGATE $ 3,000,000
GEN'LAGGREGATEUMITAPPLIESPER: PRODUCTS-COMP/OPAGG $ 3,000,000
POLICY 71P X LOC
A Y AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
X ANYAUTO GWPKGO077211 11/30/16 11/30/17 (Eaecddenq
ALL OWNED AUTOS - BODILY INJURY
SCHEDULEDAUTOS (Per person) $
X HIREDAUTOS
BODILY INJURY $
X NON-OWNED AUTOS (Per aeddent)
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
A EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 5,000,000
X OCCUR CLAIMS MADE GWFXS0077206 11/30/16 11/30/17 AGGREGATE $ 5,000,000
EXCESS OF GENERAL $
LIABILITY,AUTO LIABILITY
DEDUCTIBLE &EMPLOYERS LIABILITY $
RETENTION $ $
WORKERS COMPENSATION NIC STATU- OTH-
AND EMPLOYERS'LIABILITY Y/N
ANY PROPRIETOR/PARTNER/EXECUTIVE❑ E.L.EACH ACCIDENT $
OFFICERIMEMBER EXCLUDED?
(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $
If es,describe udder
SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
THE CITY OF DANIA BEACH,FLORIDA IS LISTED AS AN ADDITIONAL INSURED WITH RESPECT TO COMMERCIAL GENERAL
LIABILITY AND AUTOMOBILE LIABILITY 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
CITY OF DANIA BEACH NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
100 WEST DANIA BEACH IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
DANIA BEACH, FL 33004 REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
ACORD 25(2009101) 01988-2009 ACORD CORPORATION. All rights reserved.
The ACORD name and loan are reaistered marks of ACORD
ARCH INSURANCE COMPANY
ENDORSEMENT NO.
ATTACHED TO AND ENDORSEMENT EFFECTIVE
FORMING A PART OF (Standard Time) INSURED AGENCY AND CODE
POLICY NUMBER MO. DAY YR. 12:01 NOON
A.M.
GWPKGO077211 11 30 2016 x U.S.WATER SERVICES GWO01
CORPORATION
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
WATER DISTRICTS INSURANCE PROGRAM—LIABILITY COVERAGE
Additional Premium: INCLUDED
A. SECTION II -WHO IS AN INSURED is amended 3. Coverage is not provided for liability or
to include as an insured any person or damages arising out of the sole negligence of
organization whom you are required to add as an the additional insured.
additional insured to this policy under a written C. The insurance provided to the additional insured
contract, agreement or permit: does not apply to liability or damages arising out of
1. Currently in effect or which will become an architect's, engineer's or surveyor's rendering
effective during the term of the policy; and or failure to render any professional services
2. Executed prior to the "occurrence", offense, including:
error, omission, "wrongful act" or"act, error or 1. The preparing, approving or failing to prepare
omission". or approve, maps, shop drawings, opinions,
B. The insurance provided to this additional insured reports, surveys, field orders, change orders
is limited as follows: or drawings and specifications;and
1. That person or organization is an additional 2. Supervisory, inspection, architectural or
insured only with respect to liability arising out engineering activities.
Of. D. Coverage provided by this endorsement will apply
a. Premises you own, rent, lease or occupy; on a primary and non-contributory basis if a written
or contract, agreement or permit specifically requires
that this insurance be primary and non-
b. Your ongoing operations performed for contributory.
that additional insured as specified in the Otherwise, coverage provided by this
written contract,agreement or permit. endorsement will be excess over any other valid
2. The limits of insurance applicable to the and collectible insurance available to the
additional insured are those specified in the additional insured whether primary, excess,
contract, agreement, permit or in the contingent or on any other basis.
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.
SD043 00 03 04 Page 1 of 2
ARCH INSURANCE COMPANY
When this insurance is excess, we will have no defend the additional insured against that"suit". If
duty under SECTION I — INSURING no other insurer defends, we may undertake to do
AGREEMENT to defend the additional insured so, but we will be entitled to the additional
against any"suit" if any other insurer has a duty to insured's rights against all those other insurers.
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED
AUTHORIZED REPRESENTATIVE DATE
SDO43 00 03 04 Page 2 of 2
THIS ENDORSEMENT CHANCES THE POLICY.PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following.
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form
apply unless modified by the endorsement.
This endorsement is effective on the inception date of the policy unless another date is indicated
below.
SECTION II —LIABILITY COVERAGE, 1. WHO IS AN INSURED is amended to Include as an
'insured"the person(s) or organizations) named In the Schedule below, but only with respect to
their legal lability for acts or omissions of a person for whom Liability Coverage is afforded under
this policy. You are authorized to act for the additional insured named in the Schedule in all
matters pertaining to this insurance.
SCHEDULE
Name and Address of Additlonal Insured:
BLANKET ADDITIONAL INSURED
All other terms and conditions of this Policy remain unchanged.
Endorsement Number:
Policy Number: GWPKGO 0 7 7211
Named Insured:U.S. WATER SERVICES CORPORATION
Endorsement Effective DaIe::i 1/3 0/16 local Standard Time at the First Named Insured's
address.
00 CA0070 00 09 06 nMa®COPv Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NON-CONTRIBUTING INSURANCE ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
The following is added to Section G—General Conditions,Paragraph 5:
Section G:General Conditions
5. Other Insurance:
e. Notwithstanding the provisions of sub-paragraphs a, b, c and d of this paragraph 5,
with respect to the Third Party shown below, it is understood and agreed that in the
event of a claim or "suit" arising out of the Named Insured's sole negligence, this
insurance shall be primary and any other insurance maintained by the additional
insured named as the Third Party below shall be excess and non-contributory.
The Third Party to whom this endorsement applies:
Absence of a specifically named Third Party above means that the provisions of this endorsement
apply as required by written contractual agreement with any Third Party for whom you are
performing work.
All other terms, conditions and exclusions under this policy are applicable to this Endorsement
and remain unchanged.
All other teams and conditions of the Policy remain unchanged.
Endorsement Number:
Policy Number: GWPKGO077211
Named Insured: U.S. WATER SERVICES CORPORATION
This endorsement is effective on the inception date of this Policy unless otherwise stated herein:
Endorsement Effective Date: 11/3 0/16
00 CA0100 00 04 09 Page 1 of I
aamm 00py
FIRST AMENDMENT TO AN EXISTING AGREEMENT BETWEEN THE CITY OF
DANIA BEACH AND U.S. WATER SERVICES CORPORATION, A FLORIDA
CORPORATION, TO AMEND THE ORIGINAL SCOPE OF SERVICES
This is a First Amendment (the "Amendment")to an Agreement(the "Agreement") dated
June 29, 2017, and existing between the City of Dania Beach, Florida, a Florida municipal
corporation ("City"), and U.S. Water Services Corporation., a Florida corporation (the
"Contractor"), with its principal place of business located at 4939 Cross Bayou Boulevard, New
Port Richey, Florida 34652. A copy of the Agreement is attached as Exhibit "A", and it is made
a part of and is incorporated into this Amendment by this reference.
In consideration of the mutual covenants, terms and conditions contained in the Amendment, and
other good and valuable consideration, the adequacy and receipt of which are acknowledged and agreed
upon,the parties agree as follows:
1. The amount of water meters to be serviced has increased from Four Thousand Six
Hundred(4,600)to Four Thousand Eight Hundred(4,800).
2. The annual not to exceed amount of Sixty Five Thousand Dollars ($65,000.00) is
increased to Eighty Thousand Dollars($80,000.00).
3. That in all other respects, the Agreement is ratified and reaffirmed, and remains in full
force and effect.
IN WITNESS OF THE FOREGOING, the parties have executed this
Amendment effective as of , 2018.
CITY:
ATTEST: CITY OF DANIA BEACH, FLORIDA
a Florida Municipal Corporation
THOMAS SCHNEIDER, CMC TAMARA JAMES
CITY CLERK MAYOR
APPROVED FOR FORM
AND CORRECTNESS: ROBERT BALDWIN
CITY MANAGER
THOMAS J. ANSBRO
CITY ATTORNEY
1
CONTRACTOR:
WITNESSES: U.S. WATER SERVICES
CORPORATION, a Florida Corporation
Signature Signature
PRINT Name PRINT Name
Signature Title
PRINT Name
STATE OF FLORIDA
COUNTY OF
BEFORE me on 2018, personally appeared
, as of U.S. Water Services Corporation., a Florida
corporation, who acknowledged execution of the foregoing Agreement for the use and purposes
mentioned in it, and that the instrument is the act and deed of the Contractor. Such person is
personally known to me or produced as identification.
NOTARY PUBLIC
State of Florida
PRINT Name of Notary
My Commission Expires:
2