HomeMy WebLinkAboutCity of Tamarac Resolution R-2018-120E
Temp. Reso. #13164
September 26, 2018
Page 1 of 4
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2018-�O
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, APPROVING AMENDMENT NO. 1
TO THE AGREEMENT WITH WESTWIND CONTRACTING,
INC. FOR BID NO. 16-25B, LIME SLUDGE REMOVAL,
HAULING AND DISPOSAL PROJECT AUTHORIZING AN
EXPENDITURE OF FUNDS FOR AN AMOUNT NOT TO
EXCEED THE APPROVED ANNUAL BUDGET, AND
AUTHORIZING CONTRACT ESCALATION / DE-
ESCALATION AS PROVIDED UNDER THE AGREEMENT
BEGINNING OCTOBER 1, 2018 THROUGH SEPTEMBER 30,
2020, TO EXERCISE THE FIRST TWO-YEAR RENEWAL
OPTION; AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO ACCEPT AND EXECUTE SAID
AMENDMENT; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FORAN EFFECTIVE
DATE.
WHEREAS, lime sludge is a by-product of the watertreatment 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 an agreement to
Westwind Contracting, Inc., via Resolution #R-2016-99 on September 14, 2016 in
response to a publicly advertised Bid #16-2513 "Lime Sludge Removal, Hauling and
Disposal", a copy of said resolution and original bid file are on file with the City Clerk; and
WHEREAS, the original agreement provides for the exercising of two (2) two-year
renewal options based on receipt of satisfactory service and upon mutual agreement of the
City of Tamarac and Westwind Contracting, Inc.; and
WHEREAS, the city and Westwind Contracting, Inc. wishes to exercise the first two-
year renewal option, with one additional two-year renewal option remaining; and
WHEREAS, sufficient funds for this project are available from the Water Treatment
Plant Operating accounts; and
Temp. Reso. #13164
September 26, 2018
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WHEREAS, in the original Bid #16-25B, the contract provides for an escalation/de-
escalation of prices, which allows for documented pass -through cost increases/decreases
at six-month intervals, but does not allow for any increases to the vendor's profit margin;
and
WHEREAS, although the Contractor is seeking additional capacity for disposal, the
Agreement Amendment No. 1 includes a "Termination Due to Exhausted Capacity" Clause
in the event the vendor is unable to obtain new capacity and must abandon the contract,
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. 1 to the Agreement with Westwind Contracting, Inc. for a period
beginning October 1, 2018 through September 30, 2020 with an additional two-year
renewal option remaining, and that the appropriate City Officials be authorized to execute
said Amendment, a copy of Amendment No. 1 is attached hereto as "Exhibit 1"; and
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 to approve and to
authorize the appropriate City Officials to execute Amendment #1 to exercise the first two-
year renewal option of the Agreement for "Lime Sludge Removal, Hauling and Disposal"
with Westwind Contracting, Inc. for a period beginning October 1, 2018 through September
30, 2020, for an amount not to exceed the approved annual budget.
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.
All exhibits referenced herein are incorporated within this resolution and made a specific
part hereof.
Temp. Reso. #13164
September 26, 2018
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SECTION 2: The City Commission HEREBY approves Amendment No. 1 to
the Agreement between the City of Tamarac and Westwind Contracting and the
appropriate City Officials are HEREBY authorized to execute said Amendment, attached
hereto as "Exhibit 1".
SECTION 3: Expenditures for Lime Sludge Removal, Hauling and Disposal
per Amendment No. 1 to the Agreement with Westwind Contracting, Inc. are hereby
authorized and shall not exceed the approved budget including any approved budget
amendments.
SECTION 4: The City Manager, or his designee, is hereby authorized to
approve and execute any subsequent renewal options to this Agreement, initiate Change
Orders in amounts not to exceed $65,000 per Section 6-147 of the City Code, and close
the contract award, which includes, but is not limited to, making final payment and
releasing bonds per Section 6-149 of the City Code, when the work has been successfully
completed within the terms, conditions and pricing of the agreement.
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."
SECTION 7:
passage and adoption.
Temp. Reso. #13164
September 26, 2018
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This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this
ATTEST:
PATRICIA TEUFEL, MC
CITY CLERK
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM 'L '�&�
,SAMUEL S. GOREN
CITY ATTORNEY
day of _ ` 2018.
11'*"'ajw---�-
//FkAFZM( DRESSLER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1:
COMM. BOLTON
DIST 2:
V/M GOMEZ
DIST 3:
COMM. FISHMAN
DIST 4:
COMM. PLACKO
I
C
E
City of Tamarac
Purchasing and Contracts Division
AGREEMENT AMENDMENT #1
BETWEEN THE CITY OF TAMARAC
AND
WESTWIND CONTRACTING INC.
The CITY OF TAMARAC (City) and Westwind Contracting, Inc., Hereinafter referred to
as ("Contractor"), a Florida Corporation with principal offices located at 3799 W.
Hallandale Beach Boulevard, Pembroke Park, Florida 33023 (the "Contractor"), agree
to amend the original Agreement to provide for Lime Sludge Removal, Hauling and
Disposal from the City Water Treatment Plant Lagoon located at 7803 NW 61st Street,
Tamarac, Florida 33321 agree to amend the contract dated September 19, 2016 as
follows:
1. Pursuant to the terms of Section 4, "Contract Term" of the original Agreement
dated September 19, 2016, the City and Contractor agree to exercise the first two (2) year
renewal option for the period effective October 1, 2018 through September 30, 2020.
2. Please add Paragraph 17.3 to Section 17, `Termination" to read as follows:
17.3 Termination Due to Exhausted Capacity: The Contractor shall be
responsible for obtaining delivery locations for lime sludge collected from
the City. In the event that the Contractor's existing capacity is exhausted
during the term of this Agreement, Contractor shall make every effort to
acquire additional capacity from anew location or locations. The Contractor
will be eligible to receive a cost adjustment for hauling to a new location in
accordance with the provisions of Section 5 "Contract Sum and Contract
Escalation/De-Escalation" at the time that hauling to such location or
locations will commence. In the event that the Contractor is unable to obtain
any new capacity and must abandon the contract, Contractor shall
indemnify the City against loss pertaining to this termination. This contract
may also be terminated for convenience by Contractor upon ninety (90)
business days of Contractor's written notice to the City.
3. Please delete the current language shown in Section 18, "Public Records", and
replace it with the following amended language per Florida statute:
18) Public Records
18.1 The City of Tamarac is a public agency subject to Chapter 119, Florida
Statutes. The Contractor shall comply with Florida's Public Records Law.
Specifically, CONTRACTOR shall:
18.1.1 Keep and maintain public records required by the City in order to
perform the service;
18.1.2 Upon request from the City's custodian of public records, provide the
public agency with a copy of the requested records or allow the
1 MARAC
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City of Tamarac Purchasing and Contracts Division
records to be inspected or copied within a reasonable time at a cost
that does not exceed the cost provided in this chapter or as otherwise
provided by law.
18.1.3 Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not
disclosed except as authorized by law for the duration of the contract
term and following completion of the contract if CONTRACTOR does
not transfer the records to the City.
18.1.4 Upon completion of the contract, transfer, at no cost to the City, all
public records in possession of CONTRACTOR, or keep and
maintain public records required by the City to perform the service.
If CONTRACTOR transfers all public records to the City upon
completion of the contract, CONTRACTOR shall destroy any
duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. If CONTRACTOR
keeps and maintains public records upon completion of the contract,
CONTRACTOR shall meet all applicable requirements for retaining
public records. All records stored electronically must be provided to
the City, upon request from the City's custodian of public records in
a format that is compatible with the information technology systems
of the City.
18.2 During the term of the contract, CONTRACTOR shall maintain all books,
reports and records in accordance with generally accepted accounting
practices and standards for records directly related to this contract. The
form of all records and reports shall be subject to the approval of the City's
Auditor. CONTRACTOR agrees to make available to the City's Auditor,
during normal business hours and in Broward, Dade or Palm Beach
Counties, all books of account, reports and records relating to this contract.
4. Please Add to Section 28, titled "Scrutinized Companies F.S. 287.135 and
215.473" as required by Florida Statutes.
28) Scrutinized Companies -- 287.135 and 215.473
By execution of this Agreement, 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. 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
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City of Tamarac Purchasing and Contracts Division
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.
5. All other provisions of the original agreement remain in effect as written.
Remainder of Page Intentionally Blank
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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 through its City Manager as authorized by the City Commission, and
Contractor signing by and through its President duly authorized to execute same.
i
aFT AM ��i� F
ESTABLISHED _ ichael C. Cernech, City Manager
1963
SEAL ®�
Date
Patricia A. Teufel, C
?C'
City Clerk
Approved as to form and legal sufficiency:
Date
Samuel S. Goren, City —Attorney
Date
ATTEST:
CONTRACTING. INC.
Co pa ' y Na e
Signature of Corp to Secretary Sig`atu e o President
Adair Hagar Waldemar "Waldy" Polizzi
Type/Print Name Name of President
boy 8
(CORPORATE SEAL) Date I
4
of Tamarac
CORPORATE ACKNOWLEDGEMENT
STATE OF FL,91, '01� •
:SS
COUNTY OF &own
and Contracts Division
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
Waldemar "Waldy" Polizzi, President of Westwind Contracting, a Florida 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 Vq day of 507• , 20jj
v Signature of Notary Public
State of at Large
Print, Type or Stamp
Name of Notary Public
Personally known to me or
❑ Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
DID NOT take an oath.
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