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HomeMy WebLinkAboutR-2026-001 Kilowatt Electric Company - Three Year RenewalRESOLUTION NO. 2026-001 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE USE OF THE 1ST RENEWAL OPTION FOR AN ADDITIONAL THREE YEARS FOR ELECTRICAL REPAIR SERVICES FROM KILOWATT ELECTRIC COMPANY UTILIZING THE CITY OF CORAL SPRINGS ITB NUMBER 23-B-013F IN AN AMOUNT TO EXCEED THE ANNUAL VENDOR THRESHOLD OF FIFTY THOUSAND DOLLARS ($50,000.00) FOR EACH FISCAL YEAR THE CONTRACT IS IN PLACE; AUTHORIZING SUCH PURCHASES THAT ARE MADE WITHIN THE RESPECTIVE DEPARTMENTS’ APPROVED ANNUAL BUDGET APPROPRIATIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection (j), authorizes the City Manager to purchase supplies, services, equipment and materials for the City government in amounts in excess of the established monetary threshold without competitive bidding and without advertisement for bids if he/she is authorized to do so in advance by a resolution adopted by the City Commission, if such purchases are made pursuant to a competitive bid obtained within the last eighteen (18) months by other governmental agencies such as the federal government, State of Florida or the Florida county or municipality; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10, “Monetary thresholds for certain purchases and payment disbursement authorizations”, Subsection (a), sets the monetary threshold at $50,000.00 for a vendor each fiscal year; and WHEREAS, the City desires to utilize the 1st of two renewals with Kilowatt Electric Company under the City of Coral Springs Contract Bid No. 23-B-013, which the City of Coral Springs has also authorized, and which provides for a three year renewal term; and WHEREAS, the City may procure electrical repair services from Kilowatt Electric Company in an amount to exceed the annual Fifty Thousand Dollars ($50,000.00) purchase threshold for a single vendor and, therefore, requires City Commission approval; and WHEREAS, the City of Coral Springs competitively bid electrical services in October 2022 and subsequently awarded a Service Agreement under Bid Number 23-B-13F with Kilowatt Electric Company, which is effective January 11, 2023 through January 10, 2026, that includes two (2) additional three year renewals; therefore, this contract is up for an renewal; and RESOLUTION #2026-001 2 WHEREAS, the Public Services Director has determined that electrical services can be obtained at the least cost to the City, without competitive bidding and without advertisement for bids, from Kilowatt Electric Company under its existing Service Agreement with the City of Coral Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the City Commission authorizes and ratifies the purchase of electrical services from Kilowatt Electric Company under Bid Number 23-B-013F, under the first renewal contract with the City of Coral Springs in an amount to exceed the annual vendor threshold of Fifty Thousand Dollars ($50,000.00) for each fiscal year the three year renewal contract is in place. Section 3. That all purchases from Kilowatt Electric Company shall be subject to and made within the respective Departments approved annual budget appropriations in accordance with the City’s procurement policy. Section 4. That the proper City officials are authorized to approve a 1st renewal for an additional three (3) years for the attached agreement between the City and Kilowatt Electric Company, a copy of which is attached as Exhibit “A”, and it is made a part of and is incorporated into this Resolution by this reference. Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6. That this Resolution shall become effective immediately after passage and adoption. SIGNATURES ON THE FOLLOWING PAGE RESOLUTION #2026-001 3 PASSED AND ADOPTED on January 13, 2026. Motion by Commissioner Lewellen second by Commissioner Rimoli. FINAL VOTE ON ADOPTION: Unanimous X Yes No Commissioner Lori Lewellen ____ ____ Commissioner Luis Rimoli ____ ____ Commissioner Archibald J. Ryan IV ____ ____ Vice Mayor Marco Salvino ____ ____ Mayor Joyce L. Davis ____ ____ ATTEST: ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY 1 RENEWAL TO THE AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND KILOWATT ELECTRIC COMPANY TO PROVIDE ELECTRICAL SERVICES UNDER CITY OF CORAL SPRINGS BID NO. 23-B-013F This Renewal Agreement (“Agreement”) is made and entered into this ___ day of __________, 2026, by and between the City of Dania Beach, Florida, a Florida municipal corporation (“City”), whose principal address is 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, and Kilowatt Electric Company, a Florida corporation (“Contractor”), whose principal business address is 1700 NW 22nd Avenue, Pompano Beach, Florida 33069. RECITALS WHEREAS, the City of Coral Springs competitively solicited electrical contractor services pursuant to Bid No. 23-B-013F and entered into an agreement with Contractor effective January 11, 2023 through January 10, 2026, which included two (2) additional three-year renewal options; and WHEREAS, on November 13, 2025, the City of Coral Springs exercised its first three-year renewal option, extending the term of that agreement through January 10, 2029; and WHEREAS, the City of Dania Beach previously piggybacked the City of Coral Springs agreement in accordance with the City’s Charter, Code of Ordinances, and procurement policies; and WHEREAS, the City Commission of the City of Dania Beach has authorized the City to utilize and renew the City of Coral Springs agreement with Contractor and to exceed the City’s annual vendor threshold; and WHEREAS, the City desires to continue procuring electrical services from Contractor by piggybacking the renewal term exercised by the City of Coral Springs. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. INCORPORATION OF EXISTING AGREEMENT The original agreement between the City of Coral Springs and Kilowatt Electric Company under Bid No. 23-B-013F, together with the Amendment and Renewal executed by the City of Coral Springs on November 13, 2025 (collectively, the “Coral Springs Agreement”), is attached hereto as Exhibit “A” and is fully incorporated herein by reference as if set forth in full. 2 2. TERM The City of Dania Beach hereby exercises its renewal of the Coral Springs Agreement for the corresponding renewal term, which shall be retroactive to January 10, 2026 and shall expire on January 10, 2029, unless earlier terminated in accordance with the terms of Exhibit “A.” 3. TERMS AND CONDITIONS Except as expressly modified herein, all terms, conditions, pricing, scope of services, insurance requirements, and contractual provisions contained in Exhibit “A” shall govern this Agreement and shall apply with full force and effect to the relationship between the City and Contractor. 4. FUNDING All purchases and payments under this Agreement shall be subject to and contingent upon the availability of appropriated funds approved in the City’s annual budget in accordance with applicable law and City policy. 5. AUTHORITY This Agreement is entered into pursuant to authorization granted by resolution of the City Commission of the City of Dania Beach, Florida. 6. ENTIRE AGREEMENT This Agreement, together with Exhibit “A,” constitutes the entire agreement between the parties regarding the subject matter hereof. SIGNATURES ON THE FOLLOWING PAGES 3 IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation ELORA RIERA, MMC JOYCE L. DAVIS, MAYOR CITY CLERK APPROVED AS TO LEGAL FORM AND CORRECTNESS EVE A. BOUTSIS, CITY ATTORNEY ANA M. GARCIA, ICMA-CM CITY MANAGER 4 WITNESSES: CONTRACTOR: KILOWATT ELECTRIC COMPANY a Florida corporation Signature Signature PRINT Name PRINT Name Signature Title Dated: ___________________, 2026 PRINT Name STATE OF FLORIDA) COUNTY OF BROWARD) The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on , 2026, by ___________________________ as ________________________ of Kilowatt Electric Company, on behalf of the corporation. He/she is personally known to me or has produced as identification. My Commission Expires: Notary Public, State of Florida Print Name