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Home My WebLink AboutCity of Tamarac Resolution R-2021-132 Temp. Reso. # 13702 November 10, 2021 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2021 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING AND APPROVING AMENDMENT NUMBER 1 TO THE AGREEMENT WITH SHENANDOAH GENERAL CONSTRUCTION COMPANY FOR CITYWIDE STORM DRAIN PIPE AND CULVERT CLEANING; AUTHORIZING AN EXPENDITURE FROM THE APPROPRIATE ACCOUNTS NOT TO EXCEED THE APPROVED BUDGET ANNUALLY FOR SAID PURPOSE; EFFECTIVE UPON APPROVAL THROUGH SEPTEMBER 20, 2022; AUTHORIZING PROPER CITY OFFICIALS TO EXECUTE CONTRACT RENEWALS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac is responsible for maintaining public waterways, canals, and drainage areas within the City of Tamarac; and WHEREAS, the regular maintenance and cleaning of culverts connecting said waterways, canals, and drainage areas aids in the mitigation and prevention of flooding; and WHEREAS, the City Commission of the City of Tamarac, via Resolution R-2020- 004, dated January 8, 2020, authorized and approved the Agreement with Shenandoah General Construction Company ("Shenandoah") for Citywide Storm Drain Pipe and Culvert Cleaning, incorporated herein by reference and on file in the office of the City Clerk; and WHEREAS, the Agreement with Shenandoah is eligible for two (2) one-year renewals; and Temp. Reso. # 13702 November 10, 2021 Page 2 WHEREAS, funds are available in the Stormwater Fund for the purchase of Storm Drain Pipe and Culvert Cleaning Services; and WHEREAS, expenditures for Storm Drain Pipe and Culvert Cleaning Services will not exceed the approved budget, including any approved budget amendments; and WHEREAS, the Director of Public Services, the Director of Financial Services and the Purchasing and Contracts Manager recommend that Amendment Number 1 to the Agreement with Shenandoah General Construction Company be approved, and that the appropriate City Officials are authorized to execute said Amendment, attached hereto as "Exhibit 1". WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac approve Amendment Number 1 to the Agreement with Shenandoah General Construction Company, and that the appropriate City Officials are authorized to execute said Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. All exhibits attached hereto are incorporated herein and made a specific part of this resolution. SECTION 2: The City Commission hereby approves Amendment Number Temp. Reso. # 13702 November 10, 2021 Page 3 1 to the Agreement with Shenandoah General Construction Company ("the Agreement") and the appropriate City Officials are hereby authorized to execute Amendment Number 1 to the Agreement attached hereto as "Exhibit 1" for Citywide Storm Drain Pipe and Culvert Cleaning Services. SECTION 3: The appropriate City Officials are HEREBY authorized to extend or renew the Agreement with Shenandoah General Construction Company for Citywide Storm Drain Pipe and Culvert Cleaning Services. SECTION 4: Expenditures for Citywide Storm Drain Pipe and Culvert Cleaning Services per the Agreement are hereby authorized and will not exceed the approved annual budget for said purpose, including any approved budget amendments. SECTION 5: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. "The remainder of this page is intentionally left blank." Temp. Reso. # 13702 November 10, 2021 Page 4 SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 17` day of f'J IL __ , 2021. ll'i�I./.l CHELLE J. GOM - MAYOR ATTEST: J NI E JO ON, CMC CITY CLERK RECORD OF COMMISSION VOTE: MAYOR GOMEZ DIST 1: COMM. BOLTON DIST 2: COMM. GELIN DIST 3: VIM VILLALOBOS DIST 4: COMM. FLACK() S I HEREBY CERTIFY that I have approved this Resolution as to for . . H RIN, JR. C A ORNEY Purchasing and Contracts Division The City For Your Life October 4, 2021 Via E-mail: Margaret.Lary( shenandoahconstruction.com Ms. Margaret Lary Shenandoah General Construction, LLC 1888 NW 22ND Street Pompano Beach, FL 33069-1318 RE: Agreement Renewal Amendment#1 Dear Ms. Lary: The City wishes to exercise the first of two (2) one (1) year renewal options for our Agreement to provide Culvert Cleaning, Inspection and Repair Services for the City of Tamarac, which was dated September 16, 2020 and effective for the original term through September 21, 2021, and providing for an automatic contract extension of Ninety (90) days. Upon agreement of your firm, the renewal period will be effective through September 21, 2022. If you are agreeable, we would ask that you please execute two (2) originals of the attached Agreement Amendment #1 and have your company's Corporate Secretary attest to the signature on each original. In addition, please ensure that the Corporate Acknowledgement is fully notarized. We ask that you return the two (2) original documents to the Purchasing & Contracts Division at the address shown below, no later than October 15, 2021. In addition, the City will require that we have your most recently updated Certificate of Insurance as soon as possible. Upon execution by the City an original will be returned to you for your records. If you have any questions, do not hesitate to contact me at (954) 597-3567. Sincerely, Keith K. Glatz, NIGP-CPP, CPPO Purchasing and Contracts Manager C: Daniel DiMura Anthony Guglielmi /525 NV! 88" Avu. I 1 'i iac. Ft 33321 G;(954) 591•3;i7U I L. (95,1);,9T-3�i(i;'i TAMARAC The City For Your Life City of Tamarac Purchasing Division AGREEMENT AMENDMENT #1 BETWEEN THE CITY OF TAMARAC AND SHENANDOAH GENERAL CONSTRUCTION, LLC The City of Tamarac, a municipal corporation, with principal offices located at 7525 NW 88th Avenue, Tamarac FL 33321 (CITY), and Shenandoah General Construction, LLC, a Florida Limited Liability corporation with principal offices located at 1888 NW 22ND Street, Pompano Beach, FL 33069-1318 (the "Contractor") agree to amend the original Agreement dated January 16, 2020 to provide to provide for Culvert Cleaning, Inspection and Repair Services. 1. Pursuant to the terms of Section 4, Contract Term of the original Agreement dated January 16, 2020, between the City and Shenandoah General Construction, LLC, and in recognition of satisfactory performance under the current term of the Agreement, the CITY hereby exercises its rights to exercise the first of two additional (1) one year renewal options of the Agreement for the term September 22, 2021 through September 21, 2022, and Contractor agrees to such renewal. 2. As required by Florida Statute, Contractor reaffirms compliance with Section 28 "Scrutinized Companies" of the original Agreement: 28) Scrutinized Companies -- 287.135 and 215.473 28.1 By execution of this Agreement Amendment, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. 28.2 Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If TAMARAC The City For Your Life City of Tamarac Purchasing Division such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. * 3. Please add new contract section 30 "E-Verify" to the original Agreement pursuant to Section 448.095, Florida Statutes as follows: 30) E-Verify As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., Contractor and its subcontractors shall, register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. Contractor shall require each of its subcontractors to provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement. City, Contractor, or any subcontractor/subconsultant who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section shall terminate the contract with the person or entity. City, upon good faith belief that a subcontractor knowingly violated the provisions of this section; but Contractor otherwise complied, shall promptly notify Contractor and Contractor shall immediately terminate the contract with the subcontractor. An agreement or contract terminated under the provisions of this section is not a breach of contract and may not be considered such. Any agreement or contract termination under the provisions of this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat. Contractor acknowledges that upon termination of this Agreement by the City for a violation of this section by Contractor, Contractor may not be awarded a public contract for at least one (1) year. Contractor further acknowledges that Contractor is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section; requiring the subcontractors to include these clauses in any lower tier subcontracts. Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. All other provisions of the original agreement remain in effect as written. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the TAMARAC The City For Your Life City of Tamarac Purchasing Division respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and Shenandoah General Construction, LLC., signing by and through its Vice President, duly authorized to execute same. CITY OF TAMARAC �;'&J4 ATTEST: Mic elle J. Gomez, Wior Jennifer JQhnsgn,.CMC D2nnnInteriyManager V7 i IWf ', rc. 7;13 ` 1063 ,s., SEAL ` ( 1 '1r '�,' � • ......, Date • Jo n, ity Att rney �I ►� 21 e ATTEST: Shenandoahiaeneral Construction, LLC 1 Company Na e (Corporate ice President) Signature Margaret DiMura Daniel DiMura Type/Print Name of Corporate VP. President October 6, 2021 (CORPORATE SEAL) Date TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF Florida :SS COUNTY OF Broward I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Daniel DiMura , President of Shenandoah General Construction , LLC , a Florida Limited Liability Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this 6th day of October , 2021 Signature of Not ry Public State of Florda VJANDFIVVANGLEUNG / Ccm ssien GG 133535 ,, Expi December10,2021 TForiL.oa Bonded Thru Budget Notary servi s Print, Type or Stamp Name of Notary Public EI Personally known to me or Produced Identification Type of I.D. Produced X DID take an oath, or ❑ DID NOT take an oath. 3