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Home My WebLink AboutR-2021-138 U.S. Water Services Corporation Bid Award for Meter Reading Services (RFP 21-013) and Agreement and to Exceed $25KRESOLUTION NO.2021-138 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO AWARD A BID TO U.S. WATER SERVICES CORPORATION AND TO EXECUTE AN AGREEMENT FOR SERVICES; 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 0), 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 she is authorized to do so in advance by a resolution adopted by the City Commission; 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 Twenty -Five Thousand Dollars ($25,000.00) for a vendor each fiscal year; and WHEREAS, the City Administration prepared and issued a Request For Proposals ("RFP") for utility annual meter reading services on June 11, 2021; and WHEREAS, the City held a mandatory pre -bid meeting on June 17, 2021; and WHEREAS, the City opened bids on Friday, July 2, 2021 at 10:00 a.m. and one bid was received from U.S. Water Services Corporation; and WHEREAS, the City Bid Review Committee met on July 14, 2021 to review the proposal and has determined it is in the best interest of the City to accept the offer of the proposer and therefore, recommends award of the bid to U.S. Water Services Corporation; WHEREAS, the annual recurring contract cost will exceed the annual Twenty -Five Thousand Dollar ($25,000.00) vendor threshold for each year the contract and staff is seeking authorization to exceed the threshold each year the contract is in place; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing findings are incorporated into this resolution by this reference and they are made a part of it. Section 2. That the proper City officials are authorized to execute the Agreement, which is attached as Exhibit "A", and is made a part of and incorporated into this Resolution by this reference. Section 3. That funding for the agreement is planned and appropriated within the Water Fund Distribution Division Contractual Services Account #401-17-05-533-34-10. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on September 13, 2021. ATTEST: r 44 THOMAS SCHNEIDER, CMC CITY CLERK 1SpiE®� APPROVED AS.,AS.7 FORM AND CORRECTNESS: 9 THOMAS J. A1613 CITY ATTORNEY 2 RESOLUTION #2021-138 AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND U.S. WATER SERVICES CORPORATION FOR UTILITY ANNUAL METER READING SERVICES AS DESCRIBED WITHIN THE CITY OF DANIA BEACH REQUEST FOR PROPOSALS ("RFP") NO.21-013. This is an Agreement ("Agreement") dated , 2021, between the City of Dania Beach, Florida, a Florida municipal corporation ("City"), with its principal place of business located at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 and U.S. Water Services Corporation ("Contractor"), a Florida corporation with its principal mailing address of 4939 Cross Bayou Boulevard, New Port Richey, Florida 34652. In consideration of the mutual covenants, terms and conditions contained in this Agreement, and other good and valuable consideration, the adequacy and receipt of which are acknowledged and agreed upon, the parties agree to the following: 1. This Agreement between the Contractor and the City will become effective beginning October 1, 2021 for a term of 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. A copy of RFP No. 21-013 and all addendums to it is attached as composite Exhibit "A" and made a part of and incorporated into this Agreement by this reference) and shall be considered as part of this Agreement. 3. The Contractor's response to REP No. 21-013 provided by the Contractor is attached as Exhibit `B" and is incorporated into this Agreement by this reference. 4. Prior to the use of any subcontractors, Contractor must obtain advance written approval from the City. 5. In the event that the Contractor's employee or subcontractor provides same -day notice of absence, Contractor shall provide replacement staff no later than the start of the next business day. In the event that the Contractor's employee or subcontractor provides advance notice of a planned absence, whether for one working day or a prolonged planned absence, the Contractor shall provide replacement staff in accordance with work the schedule as planned. 6. 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 fifteen (15) 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 3 RESOLUTION #2021-138 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. 7. 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. Scrutinized Companies. Contractor shall certify that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2018), and that it is not engaged in a boycott of Israel. The City may terminate this Agreement at the City's option if Contractor is found to have submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2018), as may be amended or revised, or been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2018), as may be amended or revised, or is engaged in a boycott of Israel. 9. Verification of Employment Eligibility. Consultant represents that Consultant and each Subconsultant has registered with and uses the E-Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute. If Consultant violates this section, Municipality may immediately terminate this Agreement for cause and Consultant shall be liable for all costs incurred by Municipality due to the termination. 10. That in all other respects, the terms of composite Exhibit "A" apply to this Agreement. SIGNATURES APPEAR ON THE FOLLOWING PAGES 4 RESOLUTION #2021-138 IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. ATTEST: THOMAS SCHNEIDER, CMC CITY CLERK THOMAS J. ANSBRO CITY ATTORNEY CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation TAMARA JAMES MAYOR ANA M. GARCIA, ICMA-CM CITY MANAGER RESOLUTION #2021-138 WITNESSES: Signature PRINT Name Signature PRINT Name STATE OF FLORIDA) COUNTY OF CONTRACTOR: U.S. Water Services Corporation a Florida corporation Signature PRINT Name Title Dated: 2021 The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, on 2021 by , as of U.S. Water Services Corporation, a Florida corporation. He/she is personally known to me or has produced as identification. My Commission Expires: Notary Public, State of Florida Print Name: 6 RESOLUTION #2021-138