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Home My WebLink AboutR-2022-057 Florida Metro Construction Company, Inc. Agreement for Refurbishing and Updating Fuel Dispensing Pump System (Piggyback Ft. Lauderdale) and to Exceed $25KRESOLUTION NO.2022-057 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO WAIVE FORMAL BIDDING AND TO APPROVE THE UTILIZATION OF SERVICES FOR REFURBISHING AND UPDATING THE CITY'S AGING FUEL DISPENSING PUMP SYSTEM FROM FLORIDA METRO CONSTRUCTION COMPANY, INC. UNDER THE COMPETITIVE BID BY THE CITY OF FORT LAUDERDALE INVITATION TO BID NO. 12166-883, IN AN AMOUNT NOT TO EXCEED FIFTY THOUSAND SIX HUNDRED SIXTY DOLLARS ($50,660.00) AND TO EXCEED AN ANNUAL VENDOR EXPENDITURE THRESHOLD OF TWENTY FIVE THOUSAND DOLLARS ($25,000.00); 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 he/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 Public Services Department is requesting approval to waive formal bidding and allow the procurement of equipment and services from Florida Metro Construction Company, Inc utilizing the City of Fort Lauderdale Contract ITB #12166-883; and WHEREAS, the Director of the Public Services Department has determined that it is beneficial to fully refurbish the City's fuel dispensing pump system due to its age and near obsolete status; and WHEREAS, the City of Fort Lauderdale, Florida executed an agreement with Florida Metro Construction, Inc. via a competitive procurement process; and WHEREAS, the City of Fort Lauderdale has given permission to the City to utilize available pricing under ITB #12166-883, expiring on December 11, 2022; and WHEREAS, Public Services requested and was provided with a proposal from Florida Metro Construction, Inc. to fully refurbish and modernize the outdated and aging vehicle fuel dispensing system located in the Department's complex; and WHEREAS, this expenditure will exceed the annual Twenty -Five Thousand Dollars ($25,000.00) City purchase threshold for a single vendor, requiring City Commission approval; 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 Florida Metro Construction, Inc. to refurbish and modernize the City's fuel dispensing system, in an amount exceeding the annual amount of the Twenty -Five Thousand Dollars ($25,000.00) purchase threshold for a single vendor for Fiscal Year 2021-2022, which Agreement is attached as Exhibit "A", and it is made a part of and is incorporated into this Resolution by this reference. Section 3. That funding in the amount of $50,660.00 for such purchases from Florida Metro Construction Inc. is available and appropriated within Fleet Management M&E General Account No. 506-39-03-539-64-00 via budget transfer of $660.00 from the Fleet Management M&E/M&E Account No. 506-39-03-539-64-30 to cover the remainder of funds needed for this proj ect. Section 4. That the City Manager and City Attorney are authorized to make minor revisions to the related documents which are deemed necessary and proper and in the best interest of the City. 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 upon its passage and adoption. 2 RESOLUTION #2022-057 PASSED AND ADOPTED on April 12, 2022. ATTEST: ri, THOMAS SCHNEIDER, CMC CITY CLERK APPROVED AS TO FORM AND C E EA. 130t�lf SIS CItY ATTORNEY !1 S: TAMARA JAMES MAYOR RESOLUTION #2022-057 AN AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND FLORIDA METRO CONSTRUCTION COMPANY, INC., A FLORIDA CORPORATION, UNDER A CITY OF FORT LAUDERDALE INVITATION TO BID ("ITB") NO. 12166-883, FOR SERVICES RELATED TO THE REFURBISHMENT AND MODERNIZATION OF CITY'S OUTDATED VEHICLE FUEL DISPENSING SYSTEM. This is an Agreement (the "Agreement") dated , 2022 between the City of Dania Beach, Florida, a municipal corporation ("City") with an address of 100 W. Dania Beach Boulevard, Dania Beach, Florida, 33004 and Florida Metro Construction Company, Inc., a Florida corporation ("Contractor"), with a mailing address of 5117 NW 106 Terrace, Coral Springs, Florida 33076. 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: The Agreement existing between the Contractor and the City of Fort Lauderdale and any amendment(s) to it, under an award by the City of Fort Lauderdale of a contract (the agreement related to Invitation to Bid No. 12166-883, a copy of which is attached as Exhibit "A", and made a part of and is incorporated into this Agreement by this reference), 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 City of Fort Lauderdale, or any city for these same services, then Contractor shall provide such lower service rates to the City. 2. The term of this Agreement shall be through December 11, 2022. 3. Nothing in this Agreement shall be deemed or treated as a waiver by the City of any immunity to which it is entitled by law, including but not limited to the City's sovereign immunity as set forth in Section 768.28, Florida Statutes. 4. 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. 5. 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 4 RESOLUTION #2022-057 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. 6. Notices. Except as provided above, whenever either party desires to give notice to the other, it must be given by written notice, sent by certified U.S. mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified and the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective persons and places for giving of notice: City: Ana M. Garcia, ICMA-CM, City Manager City of Dania Beach, Florida 100 West Dania Beach Boulevard Dania Beach, Florida 33004 With a copy to: Eve A. Boutsis, City Attorney City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Consultant: Florida Metro Construction Company, Inc. 5117 NW 106 Terrace Coral Springs, Florida 33076 7. That in all other respects, the terms of the Pompano Beach agreement apply to this Agreement. SIGNATURES ON THE FOLLOWING PAGES RESOLUTION #2022-057 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 APPROVED AS TO LEGAL FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation TAMARA JAMES MAYOR ANA M. GARCIA, ICMA-CM CITY MANAGER 6 RESOLUTION #2022-057 WITNESSES: Signature PRINT Name Signature PRINT Name STATE OF FLORIDA) COUNTY OF CONTRACTOR: FLORIDA METRO CONSTRUCTION COMPANY, INC., a Florida corporation Signature PRINT Name Title Dated: 2022 The foregoing instrument was acknowledged before me by means of ❑ physical presence or by ❑ online notarization, on 2022, by as of Florida Metro Construction, Inc., a Florida corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification. Notary Public, State of Florida Print Name My Commission Expires: 7 RESOLUTION #2022-057