HomeMy WebLinkAboutItem 05 Approval of Assignment and Renewal of ARPA Consulting Contract
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: April 16, 2024
Item #: 5
Contact Name: Rebecca Roberts Department Director: Rebecca Roberts
Contact Number: Ext. 1520 City Manager: Robert Frank
Subject: Approval of Assignment and Renewal of ARPA Consulting Contract. (Finance
Director Roberts)
Background Summary:
On November 16, 2021, the City entered into a contract with Government Services Group, Inc. (GSG) for
American Rescue Plan Act (ARPA) Funding Consulting Services. Over the course of the contract, GSG has
provided expert consulting services to assist the City in managing, monitoring, and reporting on the use of
ARPA funds. Earlier this year, the City received notification from Anser Advisory Consulting, LLC regarding its
acquisition and integration of GSG, and is requesting the City to approve the transfer of the contract to Anser
Advisory as GSG will eventually become inactive. As a result of the integration of GSG, Anser Advisory is
familiar with the City's ARPA reporting.
Due to the unique and complex requirements of ARPA, staff recommends the City to assign and renew the
contract with Anser Advisory Consulting as this firm is familiar with the City’s ARPA reporting requirements,
which will provide the City with no disruption in meeting the timely reporting requirements.
Issue:
Should the Honorable Mayor and City Commissioners assign the contract to Anser Advisor Consulting and
renew the contract for ARPA Funding Consulting Services?
Recommendations:
Staff recommends the Honorable Mayor and City Commissioners:
1.) Approve the assignment of the contract as requested by Anser Advisory Consulting;
2.) Approve the Amendment and renew the contract for ARPA Funding Consulting Services; and,
3.) Authorize the Mayor, City Clerk, and Staff to execute the required contract documents.
Attachments:
1. Request for Assignment
2. Consent to Assignment
3. Contract ARPA Consultant - GSG
4. Amendment to Agreement
Financial Impacts:
Funding will come from the ARPA Grant as an administrative cost.
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
Type of Item: Consent
ANSERADVISORY.COM
529 E Crown Point Road, Suite 170, Ocoee, FL 34761
T. 407.897.5354 info@anseradvisory.com
January 9, 2024
Michelle Hill
Procurement Assistant
City of Ocoee
1 North Bluford Avenue
Ocoee, FL. 34761
Dear Ms. Hill
We are pleased to advise that Government Services Group, Inc. (GSG) completed an acquisition by Anser
Advisory Consulting, LLC (Anser Advisory) on November 5, 2021. We have now completed our transition and
are operating as a fully integrated team. To learn more about all the services we provide, please visit our
website at www.anseradvisory.com.
We politely request that you approve the transfer of our existing contract entity to Anser Advisory Consulting,
LLC (FEIN: 54-2078311). The former contracting entity Government Services Group, Inc (FEIN: 59-3419105)
is a wholly owned subsidiary of Anser Advisory, LLC and will eventually become inactive.
You should have already received new Insurance Certificates, an updated W-9 form, and a new Remittance
notification. We are in the process of updating all Business Licenses at the time of renewal. Any RFPs that
we respond to in the future will be under the name of Anser Advisory Consulting, LLC.
We thank you for your ongoing support and look forward to continuing to provide you with the highest quality
of services in the industry. Please do not hesitate to contact me with any questions or comments; I would
love to hear from you.
Sincerely,
Adam Shaw
Chief Delivery Officer
adam.shaw@anseradvisory.com
CONSENT TO ASSIGNMENT OF CONTRACT
The City of Ocoee hereby acknowledges and consents to the assignment/transfer of the
following Agreement, a copy of which is attached hereto as Exhibit A and incorporated herein by
this reference, from Governmental Services Group, Inc. (Assignor) to Anser Advisory
Consulting, LLC (Assignee):
Agreement Date:
November 16, 2021
Agreement Name and Description of Services: ARPA Funding Consulting Services.
Agreement to Piggyback on a Contract for Services Bid by Another Governmental Entity (State
of Florida Department of Management Services (DMS), Contract No. 80101500-20-1.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
________________________________ __________________________________,
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
DATE:___________________________
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA. COMMISSION AT A MEETING HELD
APPROVED AS TO FORM AND LEGALITY ON APRIL 16, 2024, UNDER AGENDA
this ____ day of __________________, 20___. ITEM NO. _____.
FISHBACK DOMINICK
BY:
Richard S. Geller, Esq., City Attorney
Amendment to Agreement for ARPA Funding Consulting Services Page | 1
AMENDMENT TO AGREEMENT FOR
ARPA FUNDING CONSULTING SERVICES
THIS AMENDMENT (“Amendment”) is entered into on the _____ day of
_________________, 2024, by and between the CITY OF OCOEE, a Florida municipal
corporation, whose address is 1 N. Bluford Avenue, Ocoee, FL 34761 (“City”), and ANSER
ADVISORY CONSULTING, LLC (“Contractor” or “Consultant”), a Delaware limited liability
company authorized to do business in the State of Florida whose address is 2677 N. Main Street,
Suite 400, Santa Ana, CA 92705; hereinafter referred to as the “Parties”.
WHEREAS the Parties entered into the Contract which became effective on November 16, 2021,
for the provision of ARPA Funding Consulting Services; and
WHEREAS the Parties agreed that the Contract may be amended by mutual agreement as
provided in the Contract Documents; and
WHEREAS the Parties agree to renew the Contract; and
WHEREAS City desires for Consultant to continue to provide ARPA Funding Consulting
Services and Consultant agrees to continue to provide these services.
ACCORDINGLY, and in consideration of the mutual promises contained in the Contract
Documents, the Parties agree as follows:
Contract Amendments:
I. Contract Extension. The Contract is amended to extend the Contract for a period of
three years, until February 29, 2027, and until the City has met all reporting
requirements of the ARPA grant.
II.Contract Exhibits. The Contract is amended to add the following Exhibits D-L:
Exhibit D – Byrd Anti-Lobbying Amendment Certification
Exhibit E – SAM.GOV Registration Information
Exhibit F – Bid Conflict of Interest Disclosure
Exhibit G – Non-Collusion Affidavit
Exhibit H – Contractor E-Verify Affidavit
Exhibit I – Certification of Nonsegregated Facilities
Exhibit J – Drug-Free Workplace Certification
Exhibit K – Certification Regarding Scrutinized Companies List
Exhibit L – Certification of Nondiscriminatory Labor Practices
III.Conflict. To the extent any of the terms of this Amendment conflict with the terms of
the Contract, the terms of this Amendment shall control.
IV.Effect. Unless otherwise modified by this Amendment, all terms and conditions
contained in the Contract shall continue in full force and effect. This Amendment is
effective when signed by both Parties.
V. Warranty of Authority. Each person signing this Amendment warrants that he or she
is duly authorized to do so to bind the respective party.
Amendment to Agreement for ARPA Funding Consulting Services
EXHIBIT “D”
BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION
The undersigned, [Company] certifies, to the best of his
or her knowledge, that:
1.No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
an agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
2.If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form - LLL, “Disclosure Form to Report Lobbying,” in
accordance with its instructions.
3.The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying
Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Contractor, , certifies or affirms the truthfulness
and accuracy of each statement of its certification and disclosure, if any. In addition, the
Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this
certification and disclosure, if any.
Signature of Contractor’s Authorized Official
Name and Title of Contractor’s Authorized Official
Date
Anser Advisory Consulting, LLC
Anser Advisory Consulting, LLC
Corey Burbach, Senior Vice Pesident
03/29/2024
Amendment to Agreement for ARPA Funding Consulting Services
EXHIBIT “E”
SAM.GOV REGISTRATION INFORMATION
In accordance with applicable federal requirements, the City of Ocoee will verify all bidders on
SAM.gov (System for Award Management) for federal debarment or suspension exclusions as a
responsibility determination. The City of Ocoee requires the successful Bidder to register with
Sam.gov, if not already registered, prior to execution of this contract.
Contractor: ______________________________________________________________
Unique Entity ID (UEI) number: __________________________________________
CAGE Code: __________________________________________________________
Physical Address: ______________________________________________________
______________________________________________________
______________________________________________________
Expiration date of Registration: ___________________________
Anser Advisory Consulting, LLC
CZGKBBW1ZV41
95B27
February 28, 2025
529 E Crown Point Road, Suite 170
Ocoee, Florida 34761
Amendment to Agreement for ARPA Funding Consulting Services
EXHIBIT “F”
BID CONFLICT OF INTEREST DISCLOSURE FORM
Award of this contract is subject to the provisions of Chapter 112, Florida Statutes. Bidder must disclose:
the name of any City of Ocoee employee, Mayor or City Commissioner, other City Official, City
Consultant(s) who owns assets or capital stock, directly or indirectly, in Bidder’s firm or any of its branches,
or would directly or indirectly benefit by the profits or emoluments of this Bid. (Indirect ownership or
benefit applies to any members of his or her immediate family.) Bidder certifies that no member of the
entity’s ownership or management is presently applying for an employee position or actively seeking an
elected position with the City. In the event a conflict of interest is identified in the provision of services,
Bidder agrees to immediately notify the City in writing.
The purpose of this disclosure form is to give the City the information needed to identify potential conflicts
of interest for the City Commission, Staff, and other key City employees and consultants involved in the
award of this contract.
According to Chapter 112, Florida Statutes, the term “conflict of interest” “means a situation in which
regard for a private interest tends to lead to disregard of a public duty or interest”, and refers to situations
in which financial or other personal considerations may adversely affect, or have the appearance of
adversely affecting, an employee’s professional judgment in exercising any City duty or responsibility in
administration, management, instruction, research, or other professional activities.
Please check one of the following statements and attach additional documentation if necessary:
_________ To the best of our knowledge, the undersigned firm has no potential conflict of interest for this
Bid.
_________ The undersigned firm, by attachment to this form, submits information which may be a potential
conflict of interest for this Bid.
Acknowledged by:
____________________________________________________________________________
Firm Name
____________________________________________________________________________
Signature
____________________________________________________________________________
Name and Title (Print or Type)
____________________________________________________________________________
Date
Anser Advisory Consulting, LLC
Corey Burback, Senior Vice President
X
03/29/2024
Amendment to Agreement for ARPA Funding Consulting Services
EXHIBIT “I”
CERTIFICATION OF NONSEGREGATED FACILITIES
Bidder certifies that he does not maintain or provide for his employees any segregated facilities at
any of his establishments, and that he does not permit his employees to perform their services at
any location, under this control, where segregated facilities are maintained. The Bidder certifies
further that he will not maintain or provide for his employees any segregated facilities at any of
his establishments, and that he will not permit his employees to perform their services at any
location under his control where segregated facilities are maintained. The Bidder agrees that a
breach of this certification will be a violation of the Equal Opportunity clause in any contract
resulting from acceptance of this Bid. As used in this certification, the term "segregated facilities"
means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating
areas, time clocks, locker rooms and other storage and dressing areas, parking lots, drinking
fountains, recreation or entertainment area, transportation, and housing facilities provided for
employees on the basis of race, color, religion, or national origin, because of habit, local custom,
or otherwise. Bidder agrees that (except where he has obtained identical certification from
proposed subcontractors for specific time periods) he will obtain identical certifications from
proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not
exempt from the provisions of the Equal Opportunity clause, and that he will retain such
certifications in his files.
The nondiscriminatory guidelines as promulgated in Section 202, Executive Order 11246, and as
amended by Executive Order 11375 and as amended, relative to Equal Opportunity for all persons
and implementations of rules and regulations prescribed by the United States Secretary of Labor
are incorporated herein.
Note:
The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
Date , 20___.
By:
(Title)
Official Address (including Zip Code):
Anser Advisory Consulting, LLC
Senior Vice President
529 E Crown Point Road, Suite
Ocoee, Florida 34761
March 29, 2024
Amendment to Agreement for ARPA Funding Consulting Services
EXHIBIT “J”
DRUG-FREE WORKPLACE CERTIFICATION
The undersigned Bidder, in accordance with Florida Statute 287.087 hereby certifies that it has a
drug-free workplace program. In order to have a drug-free workplace program, a business shall:
1.Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such
prohibition.
2.Inform employees about the dangers of drug abuse in the workplace, the business's policy
of maintaining a drug-free workplace, and available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3.Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
4.In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or
pleas of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled
substance law of the United States or any state, for a violation occurring in the workplace
no later than five (5) days after such conviction.
5.Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program is such is available in the employee's community, by any employee
who is so convicted.
6.Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
Bidder:
Signed:
By:
(Print or Type Name)
Title:
Date:
Senior Vice President
Corey Burbach
Anser Advisory Consulting, LLC.
03/29/2024
Amendment to Agreement for ARPA Funding Consulting Services
EXHIBIT “K”
Certification Regarding Scrutinized Companies’ Lists
Respondent certifies that the company is not participating in a boycott of Israel. The Respondent
certifies that the Respondent is not on the Scrutinized Companies that Boycott Israel List, not on
the Scrutinized Companies with Activities in Sudan List, not on the Scrutinized Companies with
activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in
Cuba or Syria, as those terms are used and defined in sections 287.135 and 215.473 of the Florida
Statutes. In the event that the Respondent is unable to provide such certification but still seeks to
be considered for award of this solicitation, the Respondent shall, on a separate piece of paper,
clearly state that it is on one or both of the Scrutinized Companies lists and shall furnish together
with its proposal a duly executed written explanation of the facts supporting any exception to the
requirement for certification that it claims under Section 287.135 of the Florida Statutes. The
Respondent agrees to cooperate fully with the City in any investigation undertaken by the City to
determine whether the claimed exception would be applicable. The City shall have the right to
terminate any contract resulting from this solicitation for default if the Respondent is found to have
submitted a false certification, or to have been placed on the Scrutinized Companies that Boycott
Israel List, or to have been placed on the Scrutinized Companies for Activities in Sudan List, or
the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been
engaged in business operations in Cuba or Syria.
Name of Respondent:____________________________________
By:__________________________________________________
(Authorized Signature)
Title:_________________________________________________
Date:_________________________________________________
Corey Burbach
Senior Vice President
03/29/2024
X