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HomeMy WebLinkAbout2619 RFP 24/25-18 Disaster Mgmt Svcs Agreement w/COSAGREEMENT BETWEEN THE CITY OF SANFORD AND THOMPSON CONSULTING SERVICES. LLC: RFP 24/25-18 DISASTER MANAGEMENT SERVICES HIS AGREEMENT hereinafter the "Agreement") is made and entered into thi�" da ( 9 ) — Y of 025, by and between the City of Sanford, Florida, a Florida municipality, (hereinafter referred to as the "City"), whose mailing address is 300 North Park Avenue, Sanford, Florida 32771, and Thompson Consulting Services, LLC, a Delaware Limited Liability Company, whose principal address is and whose mailing address is 2601 Maitland Center Parkway, Maitland, Florida 32751, (hereinafter referred to as "Thompson Consulting"). The City and Thompson Consulting may be collectively referenced herein as the "parties". WITNESSETH: IN CONSIDERATION of the mutual covenants, promises, and representations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Section 1. Recitals. The above statements are true and form a material part of this Agreement upon which the parties have relied. Section 2. Authority. Each party hereto represents to the other that it has undertaken all necessary actions to execute this Agreement, and that it has the legal authority to enter into this Agreement and to undertake all obligations imposed on it. The persons executing this Agreement for each party certify that they are authorized to bind the party fully to the terms of this Agreement. Section 3. Scope of Agreement; Direction of the Provision of Goods and Services. (a). This Agreement is for the provision of goods and services set forth in the attachments hereto and Thompson Consulting agrees to accomplish the provision of goods and services specked in the attachments for the compensation set forth in those documents relating to the 11Page provision of the goods and services relating to Disaster Management Services and for such other related goods and services as may be agreed upon by the parties as set forth in issued work/purchase orders. (b). It is recognized that Thompson Consulting shall provide goods and services as directed by the City. (c). The City's contact/project manager for all purposes under this Agreement shall be the following: Marisol Ordonez Purchasing Manager City of Sanford Purchasing Division City of Sanford Post Office Box 1788 Sanford, Florida 32772-1788 Phone: 407.688.5028 Section 4. Effective Date and Term of Agreement. This Agreement shall take effect on the date that this Agreement is fully executed by the parties hereto. This Agreement shall be in effect for a term of 1 year with the opportunity for 4 additional 1-year renewal periods when in the best interest of the City in its sole discretion. However, the total length of this Agreement, including all renewals, shall not exceed 5 years. The decision to renew or extend this Agreement shall be at the discretion of the City. Thompson Consulting shall review the quality and status of the goods and services relating to the provision of the goods and services relating to Disaster Debris Management Services on an annual basis at which time(s) the City may terminate this Agreement at its sole and absolute discretion. In any event, this Agreement shall remain In effect until the goods and services to be provided by Thompson Consulting to the City under each work order have been fully provided in accordance with the requirements of the City; provided, however, that, the indemnification provisions and insurance provisions of the standard contractual terms and 2 1 P a g e conditions referenced herein shall not terminate and the protections afforded to the City shall continue in effect subsequent to such goods and services being provided by Thompson Consulting. No goods, services or actions have been provided prior to the execution of this Agreement that would entitle Thompson Consulting for any compensation therefor. Section S. Compensation. The parties agree to compensation as set forth in the attachments hereto as implemented by means of work/purchase orders issued by the City. Section 6. Standard Contractual Terms and Conditions. All "Standard Contractual Terms and Conditions", as provided on the City's website, apply to this Agreement. Such Terms and Conditions may be found at the City's website, which can be reached at: www.SanfordFL.gov. The parties shall also be bound by the purchasing policies and procedures of the City as well as the controlling provisions of Florida law. Work/purchase orders shall be used, in accordance therewith, in the implementation of this Agreement to the extent deemed necessary by the City in its sole and absolute discretion. Thompson Consulting shall be deemed to have undertaken its obligation to be fully informed of, and understand, all such provisions. Section 7. Thompson Consulting's Mandatory Compliance with Chapter 119, Florida Statutes, and Public Records Requests. (a). In order to comply with Section 119,0701, Florida Statutes, public records laws, Thompson Consulting must: (1). Keep and maintain public records that ordinarily and necessarily would be required by the City in order to provide goods or perform services. (2). Provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. 3{Page (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. (4). Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in possession of Thompson Consulting upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. (a). If Thompson Consulting does not comply with a public records request, the City shall enforce the contract provisions in accordance with this Agreement. (b). Failure by Thompson Consulting to grant such public access and comply with public records requests shall be grounds for immediate unilateral cancellation of this Agreement by the City. Thompson Consulting shall promptly provide the City with a copy of any request to inspect or copy public records in possession of Thompson Consulting and shall promptly provide the City with a copy of Thompson Consulting's response to each such request. (c). IF THE CONTRACTOR/VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S (VENDOR'S) DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (407) 688-6012, TRACI HOUCHIN, MMC, FCRM, CITY CLERK, CITY OF SANFORD, CITY HALL, 300 NORTH PARK AVENUE, SANFORD, FLORIDA 32771, TRACI.HOUCHIN@SANFORDFL.GOV. Section 8. Time Is of the Essence. Time is hereby declared of the essence as to the lawful performance of all duties and obligations set forth in this Agreement. Section 9. Entire AgreementlModification. This Agreement, together with all "Standard Contractual Terms and Conditions", as provided on the City's website and the attachments hereto 4 1 P a g e (the documents relative to the procurement activity of the City leading to the award of this Agreement) constitute the entire integrated agreement between the City and supersedes and controls over any and all prior agreements, understandings, representations, correspondence and statements whether written or oral in connection therewith and all the terms and provisions contained herein constitute the full and complete agreement between the parties hereto to the date hereof. This Agreement may only be amended, supplemented or modified by a formal written amendment of equal dignity herewith. In the event that Thompson Consulting issues a purchase order, memorandum, letter, or any other instrument addressing the goods or services, work, and materials to be provided and performed pursuant to this Agreement, it is hereby specifically agreed and understood that any such purchase order, memorandum, letter, or other instrument shall have no effect on this Agreement unless agreed to by the City, specifically and in writing in a document of equal dignity herewith, and any and all terms, provisions, and conditions contained therein, whether printed or written or referenced on a Web site or otherwise, shall in no way modify the covenants, terms, and provisions of this Agreement and shall have no force or effect thereon. Section 10. Severability. If any term, provision or condition contained in this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such term, provision or condition to persons or circumstances other than those in respect of which it is invalid or unenforceable, shall not be affected thereby, and each term, provision and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law when consistent with equity and the public interest. Section 11. Waiver. The failure of the City to insist in any instance upon the strict performance of any provision of this Agreement, or to exercise any right or privilege granted to the City hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force. S I P a g e Section 12. Captions. The section headings and captions of this Agreement are for convenience and reference only and in no way define, limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this Agreement or construe any provision of this Agreement. Section 13. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same document. Section 14. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the successors in interest, transferees and assigns of the parties. Each party hereto represents to the other that it has undertaken all necessary actions to execute this Agreement, and that it has the legal authority to enter into this Agreement and to undertake all obligations imposed on it. The signatories hereof represent that they have the requisite and legal authority to execute this Agreement and bind the respective parties herein. Section 15. Remedies. The rights and remedies of the parties, provided for under this Agreement, are in addition to any other rights and remedies provided by law or otherwise necessary in the public interest. Section 16. Governing law, Venue and Interpretation. This Agreement is to be governed by the laws of the State of Florida. Venue for any legal proceeding related to this Agreement shall be in the Eighteenth Judicial Circuit Court in and for Seminole County, Florida. This Agreement is the result of bona fide arms length negotiations between the City and Thompson Consulting, and all parties have contributed substantially and materially to the preparation of the Agreement. Accordingly, this Agreement shall not be construed or interpreted more strictly against any one party. than against any other party and all provisions shall be applied to fulfill the public interest. 6 1 P a g e Section 17. Conditions of Grants or Funding; ARPA Contingency. Thompson Consulting shall afford most favored customer/nation pricing to the City and. to the extent necessary for the City to comply with controlling law or the conditions of grants or funding from other governmental agencies or entities, agree to contract terms and conditions required from or by said grants or funding sources. Thompson Consulting agrees to perform consistent with those provisions of controlling law as if mandatory contractual provisions of grantor agencies or entities were a part of this Agreement. This Section shall be deemed to include but not be limited to, the provisions of the American Rescue Plan Act to the extent that the provisions of that Federal law may apply to the provision of goods and services under the provisions of this Agreement. IN WITNESS WHEREOF, the City and Thompson Consulting have executed this instrument for the purpose herein expressed and Thompson Consulting represents and affirms that the signatories below have full and lawful authority to bind Thompson Consulting in every respect. Attest: SIGNATURE BLOCKS FOLLOW: Thompson Consulting, LLC, a Delaware limited liability company. Signature of authorized person. Signatur� f authorized person. Printed Name: Nate Counsell Printed Name: Jon Hoyle Title: Executive Vice President Title: President Date: 06/25/2025 71 attest: CITY OF SANFORD, a Florida municipal corporation By: Nll e I Traci Houchin, , FCRM �f `,;oodruff n y, City Clerk's DARJ r Approved as to form and legal sufficiency. Lind , y N. Greene City Attorney 8 1 P a g e 1I W T Lsc1 G Q z O C z .IiIllz o� moo W e N f O is CITY OF SANFORD, FLORIDA - PURCHASING DIVISION SOLICITATION OPENING CERTIFICATION AND MINUTES (Section 255.0518, Florida Statutes) A. Solicitation Title Disaster Debris Management Number24/25-18 Opening Date 5.8.25 Time2:00 PM Solicitation Documents Including Announcement of This Opening Are Available for Viewing or Downloading at www.mvvendodink.com Location of Opening: Commission Chambers - City Hall 1 st Floor On this date the opening of the solicitation response identified above is hereby verified and thb public announcements recorded below regarding the solicitations received were duly made. It is not�d that no other business was conducted, there were no discussions and no input was received from anyone i � attending. There was no attendance record made. ❑ IFB- Announced the name of each bidder and the amount of their bid. ❑✓ RFP- Announced the name of each respondent. ❑ RFQ- Announced the name of each respondent. ❑If any submission was not opened and/or announced: check this item and indicate on tabulation below --]specific information as to why the submission was not opened or announced. ❑AII submissions were opened and read. The tabul 'on o fl s the information read. 2. Name of City Employ nno ced the bi Y Certification (1) Ei(Y: 5.8.25 Marisol Ordonez - Purchasing Manager Certification (2) By: Signature- - date printed name and title 5.8.25 Frank Mascola - Purchasing Coordinator date printed name and title 3. The public notice indicated by § 286.0105 and 286.011 Florida Statutes is not required be or formal action has taken place or considered at this opening. Therefore, a verbatim specifically identified above is not required if a person, in accordance with City of Sanford to file a protest or appeal an action associated with the identified solicitation. no rule, resolution, i of the solicitation Number 15., elects 4. Florida Statute 119.071: Sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until su�h time as the agency provides notice of an intended decision or until 30 days after opening the bids, proposals, or nal replies, whichever is earlier. Note-Chy of Sanford Procurement Procedure 6-500 mandates that as appllcable to an IFB: the name of each bidder and the spedflc amount of the bid will be shared at the opening; for pn RFP or RFQ the ame of each person or firm will be shared at the opening. (Florida Statures may befound at. http.11p ww.leg.state j1us1sta test) Bidder/Proposer Bid Base Altematis Bid —fAJOW SOh C CMCu : Se^A fc c-A LCLed %lit � Initial here if tabulation is attached in lieu of using the above tabulation or if additional pages are attached. It is noted that this is page one of -V pages.' ' Page 1 of 1 City Of Sanford Doc / �� �n^nnnnnr� S CITY �OTF � l`�1�I FORD WS _ RM X FLORIDA Item No. ����✓✓✓ CITY COMMISSION MEMORANDUM 25.173.E JULY 28, 2025, AGENDA TO: Honorable Mayor and Members of the City Commission PREPARED BY: Brynt Johnson, Public Works and Utilities Director SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City Manager SUBJECT: Award RFP 24/25-18 Disaster Debris Management Services; Thompson Consulting Services STRATEGIC PRIORITIES: ❑ Unify Downtown & the Waterfront ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: Requesting to approve award for Bid# RFP 24/25-18, for Disaster Debris Management Services to Thompson Consulting Services, LLC. FISCAL/STAFFING STATEMENT: Funding for the procurement would take place after an emergency is declared and is approved by the Commission. Funds will come from the Hurricane Expenses Streets account. BACKGROUND: The Disaster Debris Management Services, RFP 24/25-18 was competitively bid with one bid received by Thomspon Consulting Services, LLC. The procurement division has completed a reference check along with a cost comparison for the vendor. The award of Bid# RFP 24/25-18 is for one year with an option of four one year renewals. Disaster debris management serves as an essential function for managing the hauling crews following a storm/hurricane to insure that the crews perform their tasks, such as removal of debris, in a manner which is safe, efficient, and in compliance with government standards. LEGAL REVIEW: The City Attorney has reviewed this agenda item and has no legal objection. RECOMMENDATION: City staff recommends the City Commission approve to award Bid# RFP 24/25-18, for Disaster Debris Management Services, to Thompson Consulting Services, LLC. SUGGESTED MOTION: " I move to award Bid# RFP 24/25-18 for Disaster Debris Management Services to Thompson Consulting Services, LLC, as proposed." Attachments: (1) Opening Minutes (2) RFP 24/25-18 Proposal (3) Agreement