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Item #16 Approval of and Authorization for the Finance Department to assign the contract to Southern Building Services to the new entity of Sherron Building Services e C of Good L S4 �tEII AGENDA ITEM COVER SHEET Meeting Date: January 3, 2012 Item# /(Q g Reviewed By: # / , a" Contact Name: Al Butler, CIP Mana er De p artment Director: /,� // r Contact Number: 407 - 905 -3100, ext. 1543 City Manager: Subject: Approval of and authorization for the Finance Department to assign the small project construction contract originally awarded to Southern Building Services, Inc. to the new corporate entity of Sherron Building Services, Inc., which has acquired all the assets and obligations of Southern Building Services. (Citywide) Background Summary: Southern Building Services, Inc. was one of 10 firms selected by the City Commission for pre - qualification under the Small Construction Contract procurement (RFP 11 -04) in Fiscal Year 2011. The contract for participation in this construction program was executed by the City on February 15, 2011 with a term of five years. In order to enhance its competitive position in the marketplace, Southern Building Services was dissolved as a corporate entity and subsumed by Sherron Building Services, Inc., a woman -owned business. With the completion of the corporate restructuring, Sherron Building Services now seeks to accept the role of small construction project contractor previously awarded to its predecessor firm. The existing contract provides for assignment: No assignment by a party hereto of any rights under, or interests in, the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due, and moneys that are due, may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. Notwithstanding the foregoing, the Owner may assign this contract to the State of Florida or any political subdivision, municipality, special district or authority thereof without Contractor's consent and without recourse. The action proposed by this agenda item is consistent with the applicable contract language. Southern Building Services, Inc. has no existing project obligations with the City. As Sherron Building Services, the company competed for and was awarded the contract to construct a security fence around the Ocoee Police Headquarters Building. Issue: Should the City Commission authorize the Finance Department to assign the Small Construction Contract of Southern Building Services, Inc. to the new corporate entity of Sherron Building services, Inc.? Recommendations The Engineering and Finance departments recommend that the City Commission authorize the Finance Department to assign the continuing contract for small construction projects previously awarded to and executed by Southern Building Services, Inc. to its new corporate entity of Sherron Building Services, 1 Inc. The qualifying licensed general contractor (Jeff Sherron) and senior staff remain the same for Sherron Building Services as it was for Southern Building Services. Staff has thus concluded that the qualifications of the original corporate entity that earned it a sufficiently high ranking as to be awarded the continuing services contract are applicable to the new entity and that no revocation of award is justified. Attachments: • Written request for assignment by Sherron Building Services, Inc. dated November 21, 2011. • State - issued contractor license showing its qualification of Sherron Building Services, Inc. • Certificate of Liability Insurance issued to Sherron Building Services, Inc. Financial Impact: The assignment of the Small Construction Contract to Sherron Building Services, Inc. will preserve the competitive nature of this program by continuing to include a pre - qualified firm that has demonstrated the ability to provide low -cost services on time and that meet project requirements. There are no costs to the City for this assignment. Type of Item: (please mark with an "x") Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk X Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by ( ) N/A 2 . cii. l ki) ,, CITY OF OCOEE Established /998 150 NORTH LAKESHORE DRIVE OCOEE, FLORIDA 34761 RE: Southern Building Services, Inc 12 -20-11 Sherron Building Services, Inc. Al Butler and the City Commission This is in regards to the status of Southern Building Services, Inc. as expanded in previous correspondence we at SBS, Inc. have changed the name of the business to further our company growth due to the changing times. This is a company name change only. We now operated under the name Sherron Building Services, Inc. which is now a women owned business. My daughter in law, Andrea Sherron, who has been a long time employee of Southern Building Services, Inc. This is the only way our family business could operate insuring my son Brian and his wife Andrea would have a future in this industry. By doing this we now operate under a minority status. This change will assist us in qualifying for more city, state and government projects. In the past we have been low bidder for Orange County but did not have enough minority status to win the bid. Our clients in the projects we have completed, such as the City of Winter Garden, Lake County and the Department of Military Affairs, along with others, have welcomed our name change knowing we operate with the same experienced staff and personnel that we have had in the construction industry since 1998. Southern Building Services, Inc. was closed with all debts paid to vendors, subcontractors and clients for any construction interest we had and completing all of our projects including the Glad Tidings Church a Design /Build project was our last under the name of Southern Building Services. As SBS, Inc. our name is one of the most dependable and honest local General Contractor in the area. Our only purpose for changing the name of Southern Building Services, Inc. was to obtain a new name as Sherron Building Services, Inc. with minority status to help in these most difficult economic times. We are presently qualifying for a minority contractor status with Orange County and the U.S. Small Business Administration. Which will qualify SBS, Inc. for future Projects. If any member of the City Commission wishes any additional information concerning Sherron Building Services, Inc., we will be glad to off- at inf rniatian in detail. We look forward to continue doing business with th - City of Ocoee Jeffrey L. Sherron 58S, Inc. 352.314.0111 ph.. 407.947.9542 cefl jeff(E sbsfl.com 22557 W. LOOP RD GROVELAND, FL 34736 * PH 352 - 314 -0111 * FAX 352- 314 -0115