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HomeMy WebLinkAboutR-2022-129 Advanced Data Solutions, Inc. Agreement for Scanning Services FY22-23 for CD (Piggyback Tamarac) and to Exceed $25K RESOLUTION NO. 2022-129 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE COMMUNITY DEVELOPMENT DEPARTMENT TO WAIVE THE FORMAL BID PROCESS TO UTILIZE THE CITY OF TAMARAC PROPOSAL DOCUMENT NO. 18-21R WITH ADVANCED DATA SOLUTIONS, INC. FOR SCANNING SERVICES FOR FISCAL YEAR 2022-2023, INCLUSIVE OF EXISTING PURCHASES THAT EXCEED AN ANNUAL VENDOR TOTAL AMOUNT 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 (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 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 $25,000.00 for a vendor each fiscal year; and WHEREAS, the Community Development Department Director has determined that digitizing the planning files will streamline the public records request process and eliminate the expense of off-site storage cost to the City; and WHEREAS, the Community Development Department is requesting City Commission approval to utilize Advanced Data Solutions, Inc. for scanning services, provided funding is available and appropriated, under the City of Tamarac Proposal No. 18-21R which is effective through September 30, 2023, and WHEREAS, the Community Development Department is requesting services from Advanced Data Solutions, Inc. during the current fiscal year, which services will now exceed the annual $25,000.00 City purchase threshold for a single vendor and, therefore, requires City Commission approval; and WHEREAS, the Community Development Department is seeking approval to enter into an agreement with Advanced Data Solutions, Inc., in the amount of $30,600.00 and for an appropriation of the necessary funding; 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, which Agreement is attached as Exhibit"A" and made a part of this Resolution by this reference, between the City and Advanced Data Solutions, Inc. in the amount of$30,600.00. Section 3. That the City Manager and City Attorney are authorized to make minor revisions to the Agreement which are deemed necessary and proper and in the best interests of the City. Section 4. That the City Commission authorizes the purchase of scanning services from Advanced Data Solutions, Inc., in an amount exceeding the annual amount of$25,000.00 purchase threshold for a single vendor. Section 5. That funding for the Community Development scanning project will be made available and appropriated from the General Fund Account No. 001-15-01-515-34-10 in the amount of$30,600.00. Section 6. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 7. That this Resolution shall become effective upon its passage and adoption. PASSED AND ADOPTED on August 23, 2022. ATTEST: • / I • THOMAS SCHNIDER, CMC \\ TAMARA JAM S CITY CLERK ,`� AP MAYOR \qgIISHED�%! APPROVED AS TO FORM AND CORRECTNESS: E A. BO SIS C T ATTORNEY 2 RESOLUTION#2022-129 f Tamarac Proposal No. 18-21R which is effective through September 30, 2023, and WHEREAS, the Community Development Department is requesting services from Advanced Data Solutions, Inc. during the current fiscal year, which services will now exceed the annual $25,000.00 City purchase threshold for a single vendor and, therefore, requires City Commission approval; and WHEREAS, the Community Development Department is seeking approval to enter into an agreement with Advanced Data Solutions, Inc., in the amount of $30,600.00 and for an appropriation of the necessary funding; AN AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND ADVANCED DATA SOLUTIONS, INC., A FLORIDA CORPORATION, UNDER A CITY OF TAMARAC INVITATION TO BID ("ITB") NO. 19-22B,FOR SCANNING 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 Advanced Data Solutions, Inc., a Florida corporation ("Contractor"), with a mailing address of 141 Scarlet Boulevard, Oldsmar, Florida 24677. 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 City of Tamarac and any amendment(s) to it, under an award by the City of Tamarac of a contract (the agreement related to Invitation to Bid No. 19-22B, 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 Tamarac, 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 September 30, 2023. 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 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 3 RESOLUTION#2022-129 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: Melody S. Engel, President Advanced Data Solutions, Inc. 141 Scarlet Boulevard Oldsmar, Florida 34677 7. That in all other respects, the terms of the City of Tamarac agreement apply to this Agreement. SIGNATURES ON THE FOLLOWING PAGES 4 RESOLUTION#2022-129 reement 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 Tamarac, 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 September 30, 2023. 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 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 3 RESOLUTION#2022-129 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, ATTEST: 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#2022-129 WITNESSES: CONTRACTOR: ADVANCED DATA SOLUTIONS, INC. a Florida corporation Signature Signature Melody S. Engle PRINT Name PRINT Name President Title Signature Dated: , 2022 PRINT Name STATE OF FLORIDA) COUNTY OF ) The foregoing instrument was acknowledged before me by means of ❑ physical presence or by ❑ online notarization, on , 2022, by Melody S. Engle as President of Advanced Data Solutions, 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: 6 RESOLUTION#2022-129