HomeMy WebLinkAboutR-2022-118 Metro Express, Inc. Agreement for Sidewalk Replacement and Installation (Piggyback Miami Gardens) and to Exceed $25K RESOLUTION NO. 2022-118
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
WAIVE COMPETITIVE BIDDING AND TO AUTHORIZE THE CITY TO
UTILIZE THE CITY OF MIAMI GARDENS CONTRACT, UNDER THE
TERMS OF THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING
COOPERATIVE GROUP CONTRACT INVITATION TO BID ITB NO. 21-22-
008, "SIDEWALK REPLACEMENT AND INSTALLATION ANNUAL
CONTRACT", VALID APRIL 13, 2022 THROUGH APRIL 12, 2025, IN AN
AMOUNT THAT WILL EXCEED THE ANNUAL VENDOR THRESHOLD
OF $25,000.00 FOR EACH YEAR THE CONTRACT IS IN PLACE;
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 and if such purchases are made
pursuant to a competitive bid obtained within the last eighteen (18) months by other government
agencies, such as the federal government, state of Florida or a Florida municipality or county;
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 or limitation at $25,000.00; and
WHEREAS, the Public Services Department is called upon to repair hundreds of linear
feet of sidewalk and curb/gutter annually as part of its day-to-day maintenance activities; and
WHEREAS, the City is requesting an approval of the City of Miami Gardens Contract
with Metro Express, Inc., for "Sidewalk Replacement and Installation Annual Contract" valid
April 13, 2022, through April 12, 2025, under the terms of the Southeast Florida Governmental
Cooperative Invitation to Bid Contract No. ITB 21-22-008, which provides for two (2) one (1)
year renewal options, subject to approval of both the City of Miami Gardens and Metro Express
Inc.; and
WHEREAS,the City of Miami Gardens will proceed with the Agreement with an option
of two (2) one (1)year renewals with no increase in cost; and
WHEREAS, City Administration recommends executing an Agreement with Metro
Express, Inc. to provide sidewalk replacement and repair services; and
WHEREAS, Metro Express, Inc. expenditures are anticipated to exceed the City vendor
threshold of Twenty-Five Thousand Dollars ($25,000.00).
NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. That the foregoing "Whereas" clauses are ratified and confirmed to be true
and correct, and they are made a part of and are incorporated into this Resolution by this
reference.
Section 2. That the proper City officials are authorized to execute an Agreement with
Metro Express Inc., for sidewalk replacement and installation, a copy of which Agreement is
attached as Exhibit"A" and is incorporated into this Resolution by this reference.
Section 3. That all Departments' purchases for Metro Express Inc. shall be subject to
and made within the respective Departments' approved annual budget appropriations and will
exceed the annual fiscal year vendor threshold of$25,000.00 each year the contract is in place.
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 take effect immediately upon its passage and
adoption.
PASSED AND ADOPTED on August 23, 2022.
ATTEST: 1344
/44
•
THOMAS SCHNEIDER, CMC \\, e' T RA JAM
CITY CLERK 41
e11SHEV MAYOR
-
APPROVED AS TO FORM AND CORRECTNESS:
EV BOU IS
CI Y ATTORNEY
2 RESOLUTION#2022-118
g an approval of the City of Miami Gardens Contract
with Metro Express, Inc., for "Sidewalk Replacement and Installation Annual Contract" valid
April 13, 2022, through April 12, 2025, under the terms of the Southeast Florida Governmental
Cooperative Invitation to Bid Contract No. ITB 21-22-008, which provides for two (2) one (1)
year renewal options, subject to approval of both the City of Miami Gardens and Metro Express
Inc.; and
AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA
AND METRO EXPRESS, INC., A FLORIDA CORPORATION, FOR
SIDEWALK REPLACEMENT AND INSTALLATION SERVICES,
UNDER THE SOUTHEAST FLORIDA GOVERNMENTAL
PURCHASING COOPERATIVE GROUP ITB NO. 21-22-008
This is an Agreement ("Agreement") dated , 2022, 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 Metro
Express, Inc., a Florida corporation ("Contractor"), with its principal mailing address of 9390
Northwest 109 Street, Medley, Florida 33178.
In consideration of the mutual covenants, terms and conditions contained in this Renewal,
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 current agreement, and any amendment(s) to it, under the Southeast Florida
Governmental Purchasing Cooperative Group ITB No. 21-22-008, between the
Contractor and with the City of Miami Gardens as lead agency, copies of which
contract award, updated price sheet and notice of award are attached as composite
Exhibit "A", and made a part of and is incorporated into this Agreement by this
reference, shall be considered a part of this Agreement between the City and the
Contractor; provided, however, that if Contractor contracts with any other
governmental agency in Florida and service rates are lower than those afforded to any
city for these same services, then Contractor shall provide such lower rates to the
City.
2. The term of this Agreement shall be effective retroactively to April 13, 2022 through
April 12, 2025. In addition, the City reserves the right to renew the Agreement for
two (2) additional one (1) year extensions providing that both parties agree in writing
that all terms, conditions and specifications remain the same, contingent upon
approval by the City Manager.
3. Sovereign Immunity. Contractor acknowledges that the Florida Doctrine on
Sovereign Immunity bars all claims by Contractor against the City other than claims
arising out of this Agreement. Specifically, the Contractor 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 Contractor 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 Contractor
acknowledges that it has no right and will not make claim based upon any of the
following:
3 RESOLUTION#2022-118
a. Claims based upon any alleged breach by the City of implied warranties or
representations not specifically set forth in this Agreement, as the parties stipulate
that there are no such implied warranties or representations of the Contractor. All
obligations of the parties are only as set forth in this Agreement;
b. Claims based upon negligence or any tort arising out of this Agreement;
c. Claims upon alleged acts or inaction by the City, its commissioners,
attorneys, administrators, Contractors, agents, or any Contractor employee;
d. Claims based upon an alleged waiver of any of the terms of this
Agreement unless such waiver is in writing and signed by an authorized
representative for the City and Contractor.
4. Financial records. The Contractor shall maintain accurate and complete financial
records of its activities and operations relating to this Agreement in accordance with
generally accepted accounting principles. Contractor shall maintain adequate records
to justify all charges and costs incurred in performing the services for at least three
(3) years after completion of this Agreement. Contractor agrees that the City, or its
authorized representatives, shall have access to and the right to examine, audit,
excerpt, copy or transcribe any pertinent transaction, activity, or records relating to
this Agreement during normal business hours. All such materials shall be maintained
by Contractor at a location in Broward County, Florida; provided that if any such
material is located outside Broward County, then, at the City's option the City shall
pay Contractor for travel, per diem, and other costs incurred by Contractor to
examine, audit, excerpt, copy or transcribe such material at such other location. The
City shall make a reasonable effort to maintain the confidentiality of such audit
report(s).
5. 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.
6. Verification of Employment Eligibility. Contractor represents that Contractor and
each subcontractor 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 Contractor violates this section, Municipality may immediately terminate
this Agreement for cause and Contractor shall be liable for all costs incurred by
Municipality due to the termination.
7. That in all other respects,the terms of Exhibit"A" apply to this Agreement.
4 RESOLUTION#2022-118
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
THOMAS SCHNEIDER, CMC TAMARA JAMES
CITY CLERK MAYOR
APPROVED AS TO LEGAL FORM
AND CORRECTNESS: ANA M. GARCIA, ICMA-CM
CITY MANAGER
EVE A. BOUTSIS
CITY ATTORNEY
5 RESOLUTION#2022-118
WITNESSES: CONTRACTOR:
METRO EXPRESS, INC. a Florida
corporation
Signature Signature
PRINT Name PRINT Name
Signature Title
Dated: , 2019
PRINT Name
STATE OF FLORIDA)
COUNTY OF MIAMI-DADE)
The foregoing instrument was acknowledged before me by means of ❑ physical
presence or ❑ online notarization, on , 2022 by
, as of
Metro Express, Inc„ a Florida corporation. He/she is personally known to me or has produced
as identification.
Notary Public, State of Florida
Print Name
My Commission Expires:
6 RESOLUTION#2022-118