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Home My WebLink AboutCity of Tamarac Resolution R-2024-023Temp. Reso. #14082 February 28, 2024 • Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2024- 0 ?) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING AMENDMENT NUMBER 3 TO THE AGREEMENT WITH PROLIME CORPORATION FOR LIME SLUDGE REMOVAL, HAULING AND DISPOSAL SERVICES; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID AMENDMENT EXTENDING THE AGREEMENT THROUGH JANUARY 14, 2026 FOR AN INCREASED RATE OF $39.90 PER CUBIC YARD (CY); AUTHORIZING AN EXPENDITURE OF FUNDS FOR AN AMOUNT NOT TO EXCEED THE APPROVED ANNUAL BUDGET, OR AS MAY BE AMENDED BY CITY COMMISSION FOR SAID PURPOSE; AUTHORIZING PROPER CITY OFFICIALS TO EXECUTE CONTRACT RENEWALS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. • WHEREAS, lime sludge is a by-product of the water treatment process and must be removed, hauled and disposed of from the City's Water Treatment Plant; and WHEREAS, the City Commission of the City of Tamarac awarded RFP No. 20- 04R to and approved an Agreement with Prolime Corporation, via Resolution Number R- 2020-003, dated January 8, 2020; a copy of the Resolution is incorporated herein by reference and is available in the City Clerk's Office; and WHEREAS, in accordance with Resolution No. R-2020-003 and RFP No. 20-04R, the City Manager administratively approved Amendment No 1 and Amendment No. 2, exercising two (2) two-year renewal options; and WHEREAS, the Agreement offers a second two-year optional renewals, and the Contractor, Prolime Corporation, is proposing a cost increase from $24.90 per cubic yard • (CY) to 39.90 per CY, which exceeds the cost escalation provided within the Contract Temp. Reso. #14082 February 28, 2024 Page 2 of 4 • and, therefore, requires Commission approval; and WHEREAS, City Staff have performed their due diligence in evaluating comparable rates and have determined the proposed cost increase is consistent with the marketplace and is a competitive cost compared to other recently competitively bid contracts in the region; and WHEREAS, it is the recommendation of the Director of Public Services, Director of Financial Services, and the Purchasing & Contracts Manager that the City Commission approve Amendment No. 3 to the Agreement with Prolime Corporation, effective immediately through January 24, 2026; and that the appropriate City Officials be authorized to execute said Amendment, a copy of Amendment No. 3 is attached hereto as "Exhibit 1 ", and 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, and all exhibits referenced and attached hereto are incorporated herein and made a specific part of this Resolution. SECTION 2: The City Commission HEREBY approves Amendment Number 3 to the Agreement with Prolime Corporation and the appropriate City officials are hereby authorized to execute the Amendment, attached hereto as "Exhibit 1 ", to provide Lime Sludge Removal, Hauling and Disposal effective immediately through January 14, 2026. SECTION 3: The City Commission HEREBY approves the expenditures from the appropriate accounts not to exceed the annual budgeted amount, or as may be • Temp. Reso. #14082 February 28, 2024 Page 3 of 4 amended by city commission for the purchase of Lime Sludge Removal, Hauling, and Disposal. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any count of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or app!ications of this Resolution. "The remainder of this page is intentionally left blank." • 0 Temp. Reso. #14082 February 28, 2024 Page 4 of 4 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of�� , 2024. ATTEST: ERLY a LON, C M C CITY CLERK /� "- ja;_ MICHELLE J. OMEZ, MAYOR RECORD OF COMMISSION VOTE: MAYOR GOMEZ 11-1 Es DIST 1: COMM. BOLTON DIST 2: V/M WRIGHT JR DIST 3: COMM. VILLALOBOS DIST 4: COMM. DANIEL APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE OF THE CITY OF TAMARAC ONLY. 4 HANS OTTINOT CITY ATTORNEY • • 0 TAMARAC ,itv of Tamarac The City For Your Life Purchasing and Contracts Division AGREEMENT AMENDMENT #3 BETWEEN THE CITY OF TAMARAC AND PROLIME CORPORATION The CITY OF TAMARAC (City), a municipal corporation with principal offices located at 7525 NW 88th Avenue, Tamarac FL 33321, and PROLIME CORPORATION, a Michigan corporation, with principal offices located at 58610 Van Dyke Road, Washington, Michigan 48094, with an initial term beginning January 16, 2020 through January15, 2022 with up to two (2) — two (2) year extensions; and, Now therefore, The City of Tamarac, and Prolime Corporation agree to amend the original Agreement dated January 16, 2020 to provide for Lime Sludge Removal, Hauling and Disposal Services for the CITY as specified in the original Agreement with amendments as follows: 1. The City and Contractor hereby agree to exercise the second two (2) year renewal option as provided under Section 4 "Contract Term" of the original Agreement dated January 16, 2020, to extend the Term of the Agreement through January 15, 2026. The Contract Pricing for the above work shall be Thirty Nine Dollars and Ninety Cents ($39.90) per cubic yard (CY) for the removal, hauling and disposal of lime sludge from the City of Tamarac's Water Treatment Plant: 7803 NW 61 st Street Tamarac, FL 33321 to an approved disposal site. The total for this contract shall not exceed the City's budget for Lime Sludge Disposal as approved by the City Commission. The contract shall be for the actual amount as ordered by the City. 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 Terrorism 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. In accordance with Section 287.135, Florida Statutes as amended, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with any agency or local government entity for goods or services of: Agreement Amendment No. 3 Prolime Corporation TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 28.1.1 One million dollars or moe-if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company: 28.1.1.1 Any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel; or 28.1.1.2 Is engaged in business operations in Syria. 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 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. 4. As required by Florida Statute, Contractor reaffirms compliance with Section 29 "E- Verify" of the original Agreement: 29. E-Verify 29.1 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. Agreement Amendment No. 3 Prolime Corporation TAMARAC City of Tamarac. The City For Your Life Purchasing and Contracts Division 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. Remainder of Page Intentionally Blank Agreement Amendment No. 3 Prolime Corporation TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division IN WITNESS WHEREOF, the parties hereby have made and executed this Amendment to Agreement on the respective dates under each signature, the City of Tamarac signing by and through its City Manager, and Prolime Corporation, signing by and through its President, duly authorized to execute same. 1AMAR,�c ESQ P \g63 oc off. ;� ATTEST: 'Kimberly Dillo CIVIC — City Clerk CITY OF TAMARAC OR I o 1� App a to form and legal sufficiency: Date i s Ottinot, City Attorney Robert V. Rogers, Secretary Type/Print Name of Corporate Secy (CORPORATE SEAL) 4 Agreement Amendment No. 3 Prolime Corporation Date" PRO E C TION C mpan a e President and CEO Robert V. er I l ao '� Date TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA MICHIGAN :SS COUNTY OF MACOMB : 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 Robert Rogers, President of Prolime Corporation, a Michigan 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 day ofJjAk AP- ;' 202.4 CAROL A HURLEY NOTARY PUBLIC, STATE OF MI COUNTY OF MACOMB ,iy COMMISSION EXPIRES Dec 17, 2025 ACTING IN COUNTY OF n1n e dY AP, Signature of Notaryublic State of Florida at Large Print, Type or 8tamp Name of Notary Public [ Personally known to me or ❑ Produced Identification nJ/"} Type of I.D. Produced ❑ DID take an oath, or DID NOT take an oath. Agreement Amendment No. 3 Prolime Corporation