HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-105Temp. Reso. # 11234
June 25, 2007
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2007- 10,5
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, APPROVING THE AWARD OF
RFP NO. 07-27R TO BECK DISASTER RECOVERY, INC.
FOR DISASTER DEBRIS MONITORING SERVICES;
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
EXECUTE AN AGREEMENT WITH BECK DISASTER
RECOVERY, INC. FOR DISASTER DEBRIS MONITORING
SERVICES; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Tamarac is vulnerable to a variety of natural disasters
including hurricanes and tornadoes; and
WHEREAS, the impact of a major disaster would exceed the ability of City
emergency response resources; and
WHEREAS, in the event of a major disaster supplemental resources would be
required in order to rapidly restore the City to pre -disaster conditions; and
WHEREAS, disaster debris monitoring following a debris generating event, such as
a hurricane, is necessary to assure Federal Emergency Management Agency (FEMA)
emergency plan and debris removal contract requirements are met; and
WHEREAS, independent disaster debris monitoring is a critical component in
successful debris removal operations; and
WHEREAS, disaster debris monitoring is essential to the justification and
documentation of any application for FEMA Public Assistance or Reimbursement funding;
and
WHEREAS, a disaster debris monitoring services agreement with a private sector
Temp. Reso. # 11234
June 25, 2007
Page 2
service provider places a vast array of specialized equipment, personnel and material at
the City's disposal in the event of a disaster; and
WHEREAS, on May 27, 2007 the City published RFP No. 07-27R for disaster debris
monitoring services, incorporated herein by reference and on file in the office of the City
Clerk; and
and
WHEREAS, on June 18, 2007, the City received and opened three (3) submittals;
WHEREAS, on June 21, 2007, the City, via an Evaluation Committee, reviewed and
evaluated said responses per RFP No. 07-27R; and
WHEREAS, the Evaluation Committee determined that BECK DISASTER
RECOVERY, INC. best meets the needs and requirements of the City, a copy of the
Evaluation Committee rankings is attached hereto as Exhibit 1"; and
WHEREAS, the Director of Public Works and Purchasing/Contracts Manager
recommend that the City execute agreements with BECK DISASTER RECOVERY, INC.
for disaster debris monitoring services; 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 execute an
agreement with BECK DISASTER RECOVERY, INC. for disaster debris monitoring
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
Temp. Reso. # 11234
June 25, 2007
Page 3
upon adoption hereof.
SECTION 2: The appropriate City Officials are hereby authorized to execute
an agreement with BECK DISASTER RECOVERY, INC. for disaster debris monitoring
services, hereto attached as Exhibit °2".
SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: If any provision of this Resolution or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions
or applications of this Resolution that can be given effect without the invalid provision or
application, and to this end the provisions of this Resolution are declared to be severable.
1
Temp. Reso. # 11234
June 25, 2007
Page 4
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this I )h day of 2007.
ATTEST:
MARION SWE SON, C C
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
M�!/ Lr/i/.
BETH •
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO
DIST 1: COMM. PORTNER
DIST 2: COMM. ATKINS-GRAD
DIST 3: V/M SULTANOF
DIST 4: COMM. DRESSLER
J
"Temporary Reso. No. 11234 — Exhibit 1
6/25/2007
Debris Removal Monitoring Services
Initial Committee Evaluation Totals
RFP #07 27R
Proposer's Name: LLC
Beck Disaster
Beck
Disaster Mitigation &
ConstructionGroup,
Recovery, Inc.
no canrrn or imarezr
LLC
Atlheratl to the inatrvaiana
Baas Pricing: $3,635,115.00 1
$2,060,440.00
$1,112,01q.00
QUALITY OF RESPONSE UP TO POINTS 10
PW Director 2
9
2
PW O erations M r. 4
9
3
x,..._:
'Huai : J .Cdrrt. M 7
10
Controller 5
10
5
g
EiPERIENCE & KNOWLEDGE UP TO 20 POINTS
PW DlreCtor 18
18
18
PW operations Mar 9
18
2
PW Bud . & Cont. Mgr. 10
20
5
5
Controller 20
20
ABILITY OF FIRM UP TO 20 POINTS
PW Director 5
18
5
PW Operations M r, 10
18
10
PW Bud . & Cont. M r, 15
20
5
Controller 10
20
15
ABILITY TO RESPOND (UP TO 20 POINTS)
51
18
PW Operations Mgr,
10
18 1`
PW Buda, & Cont. Mgr-
15
20 1
Controller
5
20 1.
COSTS UP TO 10 POINTS
PW Director
3.05
5.39 1i
PW 0 erations Mar.
3.05
5.39 it
PW oud . & Gont. M r.
3.05
5.39 1t
Controller
3.05
5.39 1(
PERFORMANCE ON SIM. CON. UP TO 20 POINTS
PW Director
0
5
'W Operations M r.
0
ff2Q�
r 'W Bud - & Cont. Ma.
10
0
5
.ontroller
0
15 0
TOTAL POINTS
Controller
43.05
90.39
58
172.2
349.56
178
Average Score
43,05
87,39
44.5
TOTAL RANKING
PW Director
3
1
2
PW 0 erations Mgr.
2
1
PW Buda. & Cont. M r.
2
1
3
Controller
3
3
1
z
3
1
2
of Tamarac_111111-1 Purchasing & Contracts Division
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
BECK DISASTER RECOVERY, INC.
THIS AGREEMENT is made and entered into this J day of
20Llby and between the City of Tamarac, a municipal corpo ation with
principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "City")
and Beck Disaster Recovery, Inc., a Washington corporation, duly registered as
a Florida Foreign Corporation, with principal offices located at 1001 Fourth
Avenue, Suite 2500, Seattle, Washington 98154 (the "Contractor") to provide
Disaster Debris Monitoring Services to the City of Tamarac, Florida.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the
City and Contractor agree as follows:
1) The Contract Documents
The contract documents shall consist of this Agreement, Request for Proposal
Document No. 07-27R, titled "Disaster Debris Monitoring Services", including all
conditions therein, (including any General Terms and Conditions, Supplementary
Conditions, Statement of Work or any other provisions contained within the document),
any and all addenda, Proposal executed and submitted by the Contractor dated June
13, 2007 and submitted on June14, 2007, specifications, bond(s), (if applicable), and
insurance certificate(s), the City Resolution awarding the project, and all modifications
issued after execution of this Agreement. These documents form the Agreement, and all
are as fully a part of the Agreement as if attached to this Agreement or repeated therein.
In the event of a conflict between this document and any other contract documents, this
Agreement shall prevail.
2) Contract Term
The successful contractor shall be awarded a contract for three (3) years with the
option to renew the contract for two (2) additional one-year periods. Options for renewal
will only be exercised upon mutual written agreement. Unit prices will remain firm for
the first year and may be adjusted according to the Consumer Price Index (CPI) for
each subsequent year.
3) The Work
3.1. The Contractor shall perform all work for the City required by the contract
documents as set forth below:
3.1.1 Contractor shall furnish all labor, materials, and equipment
necessary to provide, disaster debris monitoring services consistent
with the Statement of Work included in Request for Proposal 07-
27R, titled "Disaster Debris Monitoring Services".
City of Tamarac _— Purchasing & Contracts Division
...- .................1.... ..-.._. ...........................� __ ....__,.._.......... - --- ._.... .—.....................
p
3.1.2 Contractor shall provide professional / consultation services in the
area of disaster debris monitoring services as more specifically set
forth in Request for Proposal 07-27R, titled "Disaster Debris
Monitoring Services".
3.1.3 Contractor shall supervise the work force to ensure that all workers
conduct themselves and perform their work in a safe and
professional manner. Contractor shall comply with all OSHA safety
rules and regulations in the operation of equipment and in the
performance of the work. Contractor shall at all times have a
competent field supervisor on the job site to enforce these policies
and procedures at the Contractor's expense.
3.1.4 Contractor shall provide for response time and mobilization
consistent with Request for Proposal 07-27R, titled "Disaster Debris
Monitoring Services".
3.1.5 Contractor shall comply with any and all Federal, State, and local
laws and regulations now in effect, or hereinafter enacted during
the term of this Agreement, which are applicable to the Contractor,
its employees, agents or sub -contractors, if any, with respect to the
work and services described herein.
4) Insurance
4.1. Contractor shall obtain at Contractor's expense all necessary insurance in
such form and amount as specified in the original bid or proposal
document or as required by the City's Risk and Safety Manager before
beginning work under this Agreement including, but not limited to,
Workers' Compensation, Commercial General Liability, and all other
insurance as required by the City, including Professional Liability when
appropriate. Contractor shall maintain such insurance in full force and
effect during the life of this Agreement. Contractor shall provide to the
City's Risk and Safety Manager certificates of all insurances required
under this section prior to beginning any work under this Agreement. The
Contractor will ensure that all subcontractors comply with the above
guidelines and will retain all necessary insurance in force throughout the
term of this agreement. Each insurance carrier shall provide the City with
forty-five (45) days notice prior to cancellation.
4.2. Contractor shall indemnify and hold the City harmless for any damages
resulting from failure of the Contractor to take out and maintain such
insurance. Contractor's Liability Insurance policies shall be endorsed to
add the City as an additional insured. Contractor shall be responsible for
payment of all deductibles and self-insurance retentions on Contractor's
Liability Insurance policies.
2
r
City of Ta1.11111111-11marac Purchasing & Contracts Division
5) Schedule
5.1. Contractor shall provide for response time and mobilization consistent with
Request for Proposal 07-27R, titled "Disaster Debris Monitoring Services".
5.2. Contractor will provide for continuous services for a period specified and
mutually agreed to in a notice -to -proceed.
5.3. Should services be required for a longer time, Contractor shall prepare
and submit a proposal for extension for City approval.
6) Contract Pricing
The contract pricing for the work shall be based on actual quantities of work
requested by the City, and shall be calculated based on the Unit Price Schedule for
tasks as delineated in Exhibit A attached hereto.
7) Payments
Payment will be made monthly for work that has been completed, approved, and
properly invoiced. Invoices must bear the project name, project number, and purchase
order number; and must include adequate supporting information to substantiate
invoice. Invoices and supporting documentation shall be submitted within 30 days of
occurrence. City has up to thirty (30) days to review, approve, and pay all invoices after
receipt. All necessary Releases of Liens and Affidavits shall be processed before the
warranty period begins. All payments shall be governed by the Local Government
Prompt Payment Act, F.S., Part VII, Chapter 218.
8) Indemnification
8.1. GENERAL INDEMNIFICATION: Contractor shall, in addition to any other
obligation to indemnify the City and to the fullest extent permitted by law,
protect, defend, indemnify and hold harmless the City, their agents,
elected officials and employees from and against all claims, actions,
liabilities, losses (including economic losses), costs arising out of any
actual or alleged: a). Bodily injury, sickness, disease or death, or injury to
or destruction of tangible property including the loss of use resulting
therefrom, or any other damage or loss arising out of or resulting, or
claimed to have resulted in whole or in part from any actual or alleged act
or omission of the Contractor, any sub -Contractor, anyone directly or
indirectly employed by any of them, or anyone for whose acts any of them
may be liable in the performance of the Work; or b). violation of law,
statute, ordinance, governmental administration order, rule, regulation, or
infringement of patent rights by Contractor in the performance of the Work;
or c). liens, claims or actions made by the Contractor or any sub-
contractor under workers compensation acts; disability benefit acts, other
employee benefit acts or any statutory bar. Any cost of expenses,
including attorney's fees, incurred by the City to enforce this agreement
of Tamarac Purchasing & Contracts Division
shall be borne by the Contractor.
8.2. Upon completion of all Services, obligations and duties provided for in this
Agreement, or in the event of termination of this Agreement for any
reason, the terms and conditions of this Article shall survive indefinitely.
8.3. The Contractor shall pay all claims, losses, liens, settlements or judgments
of any nature whatsoever in connection with the foregoing indemnifications
including, but not limited to, reasonable attorney's fees (including appellate
attorney's fees) and costs.
8.4. City reserves the right to select its own legal counsel to conduct any defense
in any such proceeding and all costs and fees associated therewith shall be
the responsibility of Contractor under the indemnification agreement.
Nothing contained herein is intended nor shall it be construed to waive City's
rights and immunities under the common law or Florida Statute 768.28 as
amended from time to time.
9) Non -Discrimination & Equal Opportunity Employment
During the performance of the Contract, the Contractor shall not discriminate
against any employee or applicant for employment because of race, color, sex, religion,
age, national origin, marital status, political affiliation, familial status, sexual orientation,
or disability if qualified. The Contractor will take affirmative action to ensure that
employees are treated during employment, without regard to their race, color, sex,
religion, age, national origin, marital status, political affiliation, familial status, sexual
orientation, or disability if qualified. Such actions must include, but not be limited to, the
following: employment, promotion; demotion or transfer; recruitment or recruitment
advertising, layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Contractor shall agree to post in
conspicuous places, available to employees and applicants for employment, notices to
be provided by the contracting officer setting forth the provisions of this
nondiscrimination clause. The Contractor further agrees that he/she will ensure that
Sub -contractors, if any, will be made aware of and will comply with this
nondiscrimination clause.
10) Independent Contractor
This Agreement does not create an employee/employer relationship between the
Parties. It is the intent of the Parties that the Contractor is an independent contractor
under this Agreement and not the City's employee for any purposes, including but not
limited to, the application of the Fair Labor Standards Act minimum wage and overtime
payments, Federal Insurance Contribution Act, the Social Security Act, the Federal
Unemployment Tax Act, the provisions of the Internal Revenue Code, the State
Worker's Compensation Act, and the State Unemployment Insurance law. The
Contractor shall retain sole and absolute discretion in the judgment of the manner and
means of carrying out Contractor's activities and responsibilities hereunder provided,
further that administrative procedures applicable to services rendered under this
Agreement shall be those of Contractor, which policies of Contractor shall not conflict
of Tamarac Purchasing & Contracts Division
with City, State, or United States policies, rules or regulations relating to the use of
Contractor's funds provided for herein. The Contractor agrees that it is a separate and
independent enterprise from the City, that it had full opportunity to find other business,
that it has made its own investment in its business, and that it will utilize a high level of
skill necessary to perform the work. This Agreement shall not be construed as creating
any joint employment relationship between the Contractor and the City and the City will
not be liable for any obligation incurred by Contractor, including but not limited to unpaid
minimum wages and/or overtime premiums.
11) Assignment and Subcontracting
Contractor shall not transfer or assign the performance required by this
Agreement without the prior consent of the City. This Agreement, or any portion thereof,
shall not be subcontracted without the prior written consent of the city.
12) Notice
Whenever either party desires or is required under this Agreement to give notice
to any other party, it must be given by written notice either delivered in person, sent by
U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger
service, as follows:
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to City Attorney at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONTRACTOR
Beck Disaster Recovery, Inc.
800 North Magnolia Ave., Suite 400
Orlando, FL 32803
Charles M McLendon, President
(407) 803-5700 (407) 803-5701 fax
cmclendon(cDbeckdr.com
13) Termination
13.1 Termination for Convenience: This Agreement may be terminated by
the City for convenience, upon seven (7) days of written notice by the City
to the Contractor for such termination in which event the Contractor shall
e,
of Tamarac Purchasing & Contracts Division
be paid its compensation for services performed to termination date,
including services reasonably related to termination. In the event that the
Contractor abandons this Agreement or causes it to be terminated,
Contractor shall indemnify the city against loss pertaining to this
termination.
13.2 Default by Contractor: In addition to all other remedies available to the
City, this Agreement shall be subject to cancellation by the City for cause,
should the Contractor neglect or fail to perform or observe any of the
terms, provisions, conditions, or requirements herein contained, if such
neglect or failure shall continue for a period of thirty (30) days after receipt
by Contractor of written notice of such neglect or failure.
14) Uncontrollable Forces
14.1 Not withstanding the specific events for which services are to be provided
under this Agreement, neither the City nor Contractor shall be considered to
be in default of this Agreement if delays in or failure of performance shall be
due to Uncontrollable Forces, the effect of which, by the exercise of
reasonable diligence, the non -performing party could not avoid. The term
"Uncontrollable Forces" shall mean any event which results in the
prevention or delay of performance by a party of its obligations under this
Agreement and which is beyond the reasonable control of the
nonperforming party. It includes, but is not limited to fire, flood, earthquakes,
storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and
governmental actions.
14.2 Neither party shall, however, be excused from performance if
nonperformance is due to forces, which are preventable, removable, or
remediable, and which the nonperforming party could have, with the
exercise of reasonable diligence, prevented, removed, or remedied with
reasonable dispatch. The nonperforming party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable
force, give written notice to the other party describing the circumstances
and uncontrollable forces preventing continued performance of the
obligations of this Agreement.
15) Agreement Subject to Funding
This agreement shall remain in full force and effect only as long as the
expenditures provided for in the Agreement have been appropriated by the City
Commission of the City of Tamarac in the annual budget for each fiscal year of
this Agreement, and is subject to termination based on lack of funding.
16) Venue
This Agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this agreement is fixed in
6
of Tamarac Purchasing & Contracts Division
Broward County, Florida.
17) Signatory Authority
The Contractor shall provide the City with copies of requisite documentation
evidencing that the signatory for Contractor has the authority to enter into this
Agreement.
18) Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such
prohibition or unenforceability without invalidating the remaining provisions
hereof or affecting the validity or enforceability of such provisions in any other
jurisdiction. The non -enforcement of any provision by either party shall not
constitute a waiver of that provision nor shall it affect the enforceability of that
provision or of the remainder of this Agreement.
19) Merger; Amendment
This Agreement constitutes the entire Agreement between the Contractor and
the City, and negotiations and oral understandings between the parties are
merged herein. This Agreement can be supplemented and/or amended only by
a written document executed by both the Contractor and the City.
18) No Construction Against Drafting Party
Each party to this Agreement expressly recognizes that this Agreement results
from the negotiation process in which each party was represented by counsel
and contributed to the drafting of this Agreement. Given this fact, no legal or
other presumptions against the party drafting this Agreement concerning its
construction, interpretation or otherwise accrue to the benefit of any party to the
Agreement, and each party expressly waives the right to assert such a
presumption in any proceedings or disputes connected with, arising out of, or
involving this Agreement.
Remainder of Page Intentionally Blank
of Tamarac Purchasing & Contracts Division
._1,._,,....—_.--...-..............._..�..._..........__—_...._r_ -Z---,,-"-..__.. �
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
respective dates under each signature. CITY OF TAMARAC, signing by and through its
Mayor and City Manager, and CONTRACTOR, signing by and through its President,
duly authorized to execute same.
ATTEST:
Marion Swenso , CMC
City Clerk
ATTEST:
(Corporais-6ecreta
Jonathan F. Schaefer
Corporate Secy.
L
R.4 RAI I, KO"rr,
"Jeffreyr, City Manager
Da e:
BECK DISASTER RECOVERY, INC.
Co pa e /
Signature of President/Owner
Charles M. McLendon
President
of Tamarac
STATE OF
CORPORATE ACKNOWLEDGEMENT
If-. d�
¢� :SS
COUNTY OF 0amCP"
i
Purchasing & 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
Charles M. McLendon, President of Beck Disaster Recovery, Inc.
a Washington Corporation, duly registered as Florida Foreign 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 of
of Florkck:
Signa ure f N ary Public
'n`E,,',si°n DD527184 EApO,,;" 03/09/2010 State of Florida at Large
Print, Type or Stamp
Name of Notary Public
Personally known to me or
)06 Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
❑ DID NOT take an
oath.
9
of Tamarac Purchasing & Contracts Division
EXHIBIT A
UNIT PRICE SCHEDULE
DISASTER DEBRIS MONITORING SERVICES
The hourly rates shall include all costs, all applicable overhead and profit (including
lodging, meals, and transportation).
POSITIONS
HOURLY RATES
Field Supervisor
$
65.00
Debris Site / Tower Monitors
$
50.00
Field Coordinators (Crew
Monitors)
$
45.00
Project Manager
$115.00
Operations Manager
$
80.00
FEMA Coordinator
$115.00
Scheduler / Expeditors
$
69.00
GIS Analyst
$
65.00
Environmental Specialist
$
50.00
Project Inspector (Citizen Site
Monitors)
$
47.00
Load Ticket Date Entry Clerks
QA / QC
$
35.00
Billie / Invoice Analysts
$
35.00
Administrative Assistants
$
35.00
POSITIONS
I HOURLY RATES
Data Manager*
Is 95.00
* Data Manager: oversees the entering, tabulating, and organization of collection and
disposal data into FEMA-required formats. The Data Manager provides the City, debris
contractors, and FEMA with regular updates on the quantities and types of debris
collected. The Data Manager also designs and implements quality assurance and
control processes for the review and verification of field and debris contractor -provided
data in support of invoices. The Data Manager serves as the City's representative in
meetings with representatives of the Debris Contractor(s), State of Florida, FEMA, or
other state or federal agency speaking to data -related issues.
City of Tamarac Travel and Subsistence Policy and Allowances:
The City of Tamarac will not pay and/or reimburse any additional costs including,
but not limited to, travel, mileage, lodging, meals, and other travel and
subsistence expenses. Price submittals should be inclusive of all such
expenses.
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