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Home My WebLink AboutR-2022-090 USSI, LLC. Agreement for In-Flow Abatement Services (Piggyback Toho Water Authority) and Exceed $25KRESOLUTION NO.2022-090 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 IN -FLOW ABATEMENT SERVICES FOR THE WASTEWATER COLLECTION SYSTEM FROM USSI, LLC., UNDER THE COMPETITIVE BID BY TOHO WATER AUTHORITY INVITATION TO BID NO. IFB-20-076, IN AN AMOUNT NOT TO EXCEED NINETY EIGHT THOUSAND ONE HUNDRED FIFTY FIVE DOLLARS AND NINE CENTS ($98,155.09), 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 USSI, LLC. utilizing the Toho Water Authority Bid No. IFB-20-076; and WHEREAS, the Director of the Public Services Department has determined that it is beneficial to abate inflow into the City's wastewater collection system; and WHEREAS, the Toho Water Authority executed an agreement for this type of service with USSI, LLC. through a competitive procurement process; and WHEREAS, the Toho Water Authority has given permission to the City to utilize available pricing under IFB-20-076, which expires on May 12, 2023; and WHEREAS, Public Services requested and was provided with a proposal from USSI, LLC. to provide inflow abatement services for the wastewater collection; 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 USSI, LLC. to provide in -flow abatement services for the wastewater collection 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 Ninety -Eight Thousand One Hundred Fifty Five Dollars and Nine Cents ($98,155.09) for such purchases from USSI, LLC. is available and appropriated within Sewer Account No. 402-35-02-535-63-10. 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. PASSED AND ADOPTED on June 14, 2022. ATTEST: r 0 THOMAS SCHNEIDER, CMC CITY CLERK APPROVED AS TO FORM AD CO TAMARA J MAYOR 2 RESOLUTION #2022-090 AN AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND USSI, LLC., A FLORIDA LIMITED LIABILITY UTILIZING A TOHO WATER AUTHORITY INVITATION FOR BID ("IFB") NO.20-076, FOR SERVICES RELATED TO INFLOW ABATEMENT SERVICES. 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 USSI, LLC., a Florida limited liability company ("Contractor"), with a mailing address of 752 Commerce Drive, Suite 15, Venice, Florida 34292. 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. The Agreement existing between the Contractor and the Toho Water Authority and any amendment(s) to it, under an award by the Toho Water Authority of a contract (the agreement related to Invitation for Bid No. 20-076, 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 Toho Water Authority, or any city for these same services, then Contractor shall provide such lower service rates to the City. 2. The Contractor has submitted to the City their pricing for repair and services related to inflow abatement services which is attached as Exhibit `B" and is incorporated into this Agreement by this reference. 3. The cost of this project is an amount not to exceed Ninety -Eight Thousand One Hundred Fifty Five Dollars and Nine Cents ($98,155.09). 4. The term of this Agreement shall be through May 12, 2023. 5. Sovereign Immunity: Consultant acknowledges that the Florida Doctrine on Sovereign Immunity bars all claims by Consultant against the City other than claims arising out of this Agreement. Specifically, the Consultant acknowledges that it cannot and will not assert any claims against the City, unless the claim is based upon a breach by the City of this Agreement. Further, the Consultant recognizes the City is a sovereign with regulatory authority that it exercises for the health, safety, and welfare of the public. This Agreement in no way estops or affects the City' s exercise of that regulatory authority. In addition, the City retains the full extent of its sovereign immunity in relation to the exercise of its regulatory authority. The Consultant acknowledges that it has no right and will not make claim based upon any of the following: RESOLUTION 42022-090 6. 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. 7. 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. 8. 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: USSI, LLC. 752 Commerce Drive, Suite 15 Venice, Florida 34292 9. That in all other respects, the terms of the Toho Water Authority agreement with the Contractor apply to this Agreement. 10. The Contractor has submitted their Scope of Services and Fee Schedule in response to RFP No. 22-014 which is attached as Exhibit `B" and is incorporated into this Agreement by this reference. 4 RESOLUTION #2022-090 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 5 RESOLUTION #2022-090 WITNESSES: Signature PRINT Name Signature PRINT Name STATE OF FLORIDA) COUNTY OF CONTRACTOR: USSI, LLC a Florida limited liability company 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 USSI, LLC, a Florida limited liability company, on behalf of the company. He/she is personally known to me or has produced My Commission Expires: as identification. Notary Public, State of Florida Print Name 6 RESOLUTION #2022-090