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Home My WebLink AboutItem #03 Approval of the Disaster Debris Recovery & Removal Piggy Back on Orange County Contract Y15-1022-B with Ceres Environmental Services, Inc ocoee florida AGENDA ITEM COVER SHEET Meeting Date: September 6, 2017 Item # 3 Reviewed By: Contact Name: Stephen C. Krug Department Director: 4jer-. Contact Number: 6002 City Manager: / j77 Subject: Disaster Debris Recovery & Removal Piggy Back on Orange Co ty Contract Y15- 1022-B with Ceres Environmental Services, Inc. Background Summary: The Finance Department is updating the City's Disaster Debris Recovery & Removal term contract to adhere with recent changes to the contract language requirements from FEMA/FHWA. While the City awaits FDOT approval of our proposed solicitation for new Disaster Recover & Debris Removal contractors, we are requesting Commission approval to piggy back on Orange County's existing contract with Ceres Environmental Services, Inc., to ensure the City is adequately covered should we experience a natural disaster. The City must have an executed contract with Ceres to piggy back on the County's contract before an event in order to meet FEMA/FHWA requirements. Public Works is requesting to work with Ceres as they were the most responsive of our recently expired vendors for this service. Issue: Request City Commission approval to piggy back on Orange County contract for Disaster Debris Recovery & Removal with Ceres Environmental Servcies, Inc. Recommendations: Recommend approval to piggy back on Orange County Disaster Debris Recovery & Removal Contract Y15-1022-B, with Ceres Environmental Servcies, Inc., for a long as the contract remains in effect or the City issues a new term contract for the service. Attachments: Orange County Contract Y15-1022-B, Disaster Debris Recovery & Removal with Ceres Environmental Servcies, Inc. available on line at: http://apps.ocfl.net/OrangeBids/Termcontracts/listtermcontract.asp?ID=87403&CT=application/pdf&FN=Y 15- 1022B.pdf City of Ocoee Agreement to Piggy Back on a Contract for Services Bid by Another Governmental Entity. Financial Impact: Contract is for emergency recovery only and is partially reimbursable by FEMA & FHWA. Type of Item: (please mark with an `x') Public Hearing For Clerk's Dept Use: Ordinance First Reading (k Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion& Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. R " N/A Review ed by ( ) N/A 2 AGREEMENT TO PIGGYBACK ON A CONTRACT FOR SERVICES BID BY ANOTHER GOVERNMENTAL ENTITY THIS AGREEMENT TO PIGGYBACK ON A CONTRACT FOR SERVICES BID BY ANOTHER GOVERNMENTAL ENTITY (hereinafter the "Agreement") is entered into this 6th day of September, 2017, by and between the City of Ocoee, a municipal corporation established under the laws of the State of Florida (hereinafter the "City) and Ceres Environmental Services, Inc., a corporation authorized to do business in the State of Florida, whose Federal identification number is 41-1816075 (hereinafter the "Contractor"). WHEREAS, on June 3, 2015, Contractor entered into Contract #Y15-1022-B with Orange County Florida, a charter county and political subdivision of the State of Florida, for Disaster Recovery and Debris Removal (hereinafter the "Contract"); and WHEREAS, the Contract was procured by Orange County in accordance with the provisions of section 287.057, Florida Statutes; and WHEREAS, the City has the legal authority under chapter 287, Florida Statutes, and Chapter 21 of the City of Ocoee Code of Ordinances to "piggyback" onto a contract procured pursuant to section 287.057, Florida Statutes, by another governmental entity when seeking to utilize the same of similar services provided for in said Contract; and WHEREAS, the City desires to piggyback onto the above-referenced Contract between the Contractor and Orange County for disaster recovery and debris removal (hereinafter the "Work") and Vendor consents to the aforesaid piggybacking. NOW THEREFORE, in consideration of the above recitals and the provisions set forth in this Agreement, the receipt and sufficiency of which is acknowledged and agreed to by the parties, the Parties agree as follows: 1. Recitals. The foregoing Recitals are true and correct and are incorporated herein as material provisions of this Settlement Agreement by this reference 2. Services. The Contractor affirms and ratifies the terms and conditions of the above- referenced Contract with Orange County and agrees to perform the services set forth therein for the City in accordance with the terms of said Contract until the Work is completed. Contractor further agrees that for the purpose of interpretation and enforcement this Agreement, the term "City of Ocoee" shall be substituted for the term, "Orange County" throughout the Contract. The City agrees to utilize the services of the Contractor in a manner and upon the terms and conditions as set forth in the Contract until the Work is completed. 3. Public Records Compliance. The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor agrees to comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the City to perform the service. 1 B. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Florida Statutes, or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from the 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 the Contractor does not transfer the records to the City. D. Upon completion of the contract, Contractor agrees to transfer at no cost to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public record to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the 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. E. A Contractor who fails to provide the public records to City within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 407-905-3100, EXTENSION 1026, CCDL@CI.00OEE.FL.US, WITH AN OFFICE LOCATED AT 150 NORTH LAKESHORE DRIVE, OCOEE, FLORIDA 34761. 4. Notice. All notices required under this Agreement shall be sent by certified mail, return receipt requested, to the parties as follows: TO THE CITY: Mr. Steve Krug Public Works Director City of Ocoee 301 Maguire Road Ocoee, FL 34761 Telephone: 407-905-3170 Email: SKrug@ci.ocoee.fl.us TO THE CONTRACTOR: Mr. David A. McIntyre Ceres Environmental Services, Inc. 2635 Casey Key Road Nokomis, FL 34275 Telephone: 800-218-4424 Email: david.mcintyre@ceresenv.com 2 CERES ENVIRONMENTAL SERVICES, INC. Witness: Witness: Name: Title: CITY OF OCOEE, a Florida municipal corporation By: RUSTY JOHNSON Mayor Attest: MELANIE SIBBITT City Clerk APPROVED BY THE OCOEE CITY • COMMISSION AT A MEETING HELD ON , 2017 UNDER AGENDA ITEM FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,FLORIDA; APPROVED AS TO FORM AND LEGALITY this_day of , 2017. SHUFFIELD LOWMAN& WILSON,P.A. By: City Attorney 3