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Home My WebLink AboutDocumentation_Regular_Tab 8_02/11/2019VILLAGE OF TEQUESTA CONTRACT FOR METER CHANGE OUT SERVICES THIS CONTRACT FOR MUTER CHANGE OUT SERVICES is entered into r l and effective this l q day of 3mnrjry 2019, by and between the VILLAGE OF TEQUESTA, a Florida municipal corporation with offices located at 345 Tequesta Drive, Tequesta, Florida 33469-0273, organized and existing in accordance with the laws of the State of Florida, hereinafter "the Village"; and U.S. WATER SERVICES CORPORATION, a Florida corporation whose principal address is 4939 Cross Bayou Boulevard, New Port Richey, Florida 34652, hereinafter "the Contractor" and collectively with the Village, "the Parties". WITNESSETH The Village and the Contractor, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both Parties, hereby agree as follows: 1. SCOPE OF SERVICES: The Parties hereby agree to enter into this Contract whereby the Contractor shall provide meter change out services for approximately 1,000 meters over a 4-month period. The Parties agree to enter into this Agreement and piggyback for these meter change out services at the rates described in the Contractors August 2, 2016 Agreement with the City of Dania Beach, Florida awarded through Request for Qualifications No. #16-001, which was extended by the City of Dania Beach through August 2, 2019. Said contract, including the First Renewal, are hereby fully incorporated into this Agreement and is attached hereto as Exhibit "A". Authorization to piggyback on the contract and extension is hereby frilly incorporated into this Agreement and is attached hereto as Exhibit "B". 2. COMPENSATION: In consideration for the above Scope of Services, pricing for meter change out services for approximately 1,000 meters shall be pursuant to the hourly rates provided in the Schedule of Service Fees in Exhibit "B" of the Agreement, as follows: • Field Technician - $55.00 per hour; and • Field Technician Supervisor - $59.06 per hour. 3. INSURANCE AND INDEMNIFICATION: The Contractor shall provide proof of workman's compensation insurance and liability insurance in such amounts as are specified in Exhibit A and shall name the Village as an "additional insured" on the liability portion of the insurance policy. The Contractor shall at all times indemnify, defend and hold harmless the Village, its agents, servants, and employees, from and against any claim, demand or cause of action of whatsoever kind or nature, arising out of error, omission, negligent act, conduct, or misconduct of the Contractor, its agents, servants, or employees in the performance of services under this Contract. 4. PUBLIC ENTITIES CRIMES ACT: As provided in Sections 287.132-133, Florida Statutes, by entering into this Contract or performing any work in furtherance hereof, the Contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within thirty-six (36) months immediately preceding the date hereof. This notice is required by Section 287.133(3)(a), Florida Statutes. 5. TERM; TERMINATION, NOTICE: Pursuant to the City of Dania Beach Agreement, the original contract term expired on August 2, 2017. The City of Dania Beach has renewed the Agreement, extending the term until August 2, 2019. This Agreement may be terminated by either party upon thirty (30) days written notice to the other parry. Notice shall be considered sufficient when sent by certified snail or hand delivered to the Parties during regular business hours at the following addresses: Village Contractor Village of Tequesta U.S. Water Services Corporation 345 Tequesta Drive 4939 Cross Bayou Boulevard Tequesta, FL 33469-0273 New Port Richey, FL 34652 Attn: Superintendent, Water Utilities Attn: Ed Mitchell, Senior VP, GM and Secretary 6. INDEPENDENT CONTRACTOR: It is specifically understood that the Contractor is an independent contractor and not an employee of the Village. Both the Village and Page 2 of 5 the Contractor agrees that this Contract is not a contract for employment and that no relationship of employee —employer or principal —agent is or shall be created hereby, nor shall hereafter exist by reason of the performance of the services herein provided. 7. ATTORNEY'S FEES: In the event a dispute arises concerning this Contract, the prevailing party shall be awarded attorney's fees, including fees on appeal. 8. CHOICE OF LAW; VENUE: This Contract shall be governed and construed in accordance with the laws of the State of Florida, and venue shall be in Palm Beach County should any dispute arise with regard to this Contract. 9. AMENDMENTS & ASSIGNMENTS: This Contract, all Exhibits attached hereto, and required insurance certificates constitute the entire Contract between both parties; no modifications shall be made to this Contract unless in writing, agreed to by both parties, and attached hereto as an addendum to this Contract. The Contractor shall not transfer or assign the provision of goods called for in this Contract without prior written consent of the Village. 10. INSPECTOR GENERAL: Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. 11. PUBLIC RECORDS: In accordance with Sec. 119.0701, Florida Statutes, the Contractor must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, the Contractor must provide the Village Page 3 of 5 with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A Contractor who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attoiney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, the Contractor shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the Contractor does not transfer the records to the Village. Finally, upon completion of the Agreement, the Contractor shall transfer, at no cost to the Village, all public records in possession of the Contractor, or keep and maintain public records required by the Village. If the Contractor transfers all public records to the Village upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the Village, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. 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 AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-06859 OR AT 1mcwi11iams(a te(1uesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Contract on the date and year first above written. WITNESSES: �fwa""4 - CY ATTEST: j cu, r nut) a-L69k - Lori McWilliams, MMC Village Clerk U.S. WATER SERVICES CORPO ATION By: Ed Mitchell, Senior VP, GM and Secretary On: JanuaryL j, 2019 (Corporate Seal) VILLAGE OF TEQUESTA 4lbiB'rJnan,MaY-o-r On: Jafttary 1a , 2019 SN%*" (Seal) Page 5 of 5