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HomeMy WebLinkAboutR-2020-087 City Authorizing Public Services to Waive the Formal Bid Process for Storm Sewer and Sewer Main Cleaning & Repair Services and Utilize the Shenandoah General Construction, LLC Agreement RESOLUTION NO. 2020-087 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PUBLIC SERVICES DEPARTMENT TO WAIVE THE FORMAL BID PROCESS FOR STORM SEWER AND SEWER MAIN CLEANING AND REPAIR SERVICES AND UTILIZE THE SHENANDOAH GENERAL CONSTRUCTION, LLC AGREEMENT WITH THE BROWARD COUNTY SCHOOL BOARD INVITATION TO BID ("ITB") NO. 15-106C VALID THROUGH MAY 31, 2023, FOR THE TERM OF THE CONTRACT WHICH PURCHASES MAY EXCEED AN ANNUAL VENDOR TOTAL AMOUNT OF TWENTY FIVE THOUSAND DOLLARS ($25,000.00); AUTHORIZING SUCH PURCHASES TO BE MADE WITHIN THE PUBLIC SERVICES DEPARTMENT'S 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 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 Director of the Public Services Department has determined that it is necessary to maintain stormwater and sanitary facilities in the City of Dania Beach; and WHEREAS, the Public Services Director has determined that such services can be obtained at the least cost to the City, without competitive bidding and without advertisements for bids, from Shenandoah Construction, LLC.; and WHEREAS, the Public Services Department is requesting City Commission approval to utilize Shenandoah General Construction, LLC for City-wide storm sewer and sewer main cleaning and repair services for the term of the contract providing funding is available and appropriated in the current year under the Broward County School Board Contract RFP No. ITB No. 15-106C, which contract is valid through May 31, 2023, and WHEREAS, services requested may exceed the annual vendor amount of Twenty Five Thousand Dollars ($25,000.00) threshold for a single vendor, therefore, City Commission approval is required; 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 proper City officials are authorized to execute an Agreement with Shenandoah General Construction, LLC, for storm sewer and sewer main cleaning and repair services; a copy of the Agreement is attached as Exhibit "A" and is incorporated into this Resolution by this reference. Section 3. That the Public Services Department's purchases from Shenandoah Construction, LLC shall be subject to and made from available funds within the Public Services Department's approved Stormwater Management Professional Services Account No. 403-38-01- 538-31-10 , which will not exceed One Hundred Sixty Thousand Dollars ($160,000.00) annually, and be made in accordance with the City of Dania Beach Purchasing Policy. 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 become effective upon its passage and adoption. PASSED and ADOPTED on August 25, 2020. ATTEST: THOMAS SCHNEIDER, CMC RI L WE LEN CITY CLERK �9 1�a MAYOR ISH APPROVED AS TO FORM AND CORRECTNESS: (I',-I rl,11-\\�J THOMAS J. 4NARO CITY ATIFOANEY 2 RESOLUTION#2020-087 AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND SHENANDOAH GENERAL CONSTRUCTION, LLC, A FLORIDA LIMITED LIABILITY COMPANY, FOR STORM SEWER AND SEWER MAIN CLEANING AND REPAIR SERVICES This is an Agreement ("Agreement") dated , 2020, 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 Shenandoah General Construction, LLC, a Florida limited liability company ("Contractor"), with its principal mailing address of 1888 Northwest 22nd Street., Pompano Beach, Florida 33069. 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: I. The Agreement existing between the Contractor and the School Board of Broward County and any amendment(s) to it, under the School Board of Broward County Invitation to Bid ("ITB") 15-106C is effective through May 31, 2023. A copy of the Agreement and a renewal of it are attached as composite Exhibit"A", and made a part of and are incorporated into this Agreement by this reference, and it shall be considered as part of this Agreement between the City and the Contractor; provided, however, that if Contractor contracts with any other governmental agency in the South Florida area and service rates are lower than those afforded to the School Board of Broward County, or any city in Florida for these same services, then Contractor shall provide such lower service rates to the City. 2. The City reserves the right to terminate this Agreement upon thirty (30) days' written notice. 3. That in all other respects,the terms of composite Exhibit"A" apply to this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. ATTEST: CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation THOMAS SCHNEIDER, CMC LORI LEWELLEN MAYOR CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS ANA M. GARCIA, ICMA-CM CITY MANAGER THOMAS J. ANSBRO CITY ATTORNEY 3 RESOLUTION 42020-087 WITNESSES: CONTRACTOR: Shenandoah General Construction, LLC,a Florida limited liability company Signature Signature PRINT Name PRINT Name Title Signature Dated: , 2020 PRINT Name STATE OF FLORIDA) COUNTY OF ) The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, on , 2020, by , as of Shenandoah Construction Services, LLC, a Florida limited liability company. He/she is personally known to me or has produced _ as identification. My Commission Expires: Notary Public, State of Florida Print Name 4 RESOLUTION#2020-087