2016-29604 Reso RESOLUTION NO. 2016-29604
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE, SUBSTANTIALLY IN THE FORM
ATTACHED TO THIS RESOLUTION, AMENDMENT NO. 1 TO THE
AGREEMENTS BETWEEN THE CITY AND TIDAL BASIN GOVERNMENT
CONSULTING, LLC, AS PRIMARY FIRM, AND DAVID M. SHAPIRO
DISASTER PLANNING & RECOVERY CONSULTANTS, INC., AS
SECONDARY FIRM, FOR EMERGENCY MANAGEMENT ADMINISTRATIVE
SUPPORT SERVICES; SAID AMENDMENT CORRECTING A SCRIVENER'S
ERROR, TO ACCURATELY REFLECT THE TERM OF THE AGREEMENTS AS
AN INITIAL THREE (3) YEAR TERM, WHICH EXPIRES ON NOVEMBER 30,
2016, WITH TWO (2) ONE-YEAR RENEWAL OPTIONS, AT THE CITY'S SOLE
OPTION AND DISCRETION.
WHEREAS, on July 17, 2013, the Mayor and City Commission adopted Resolution
Number 2013-28249, approving the award of Request For Qualifications ("RFQ") No. 065-
2013TC for emergency management administrative support services (the Services) to Tidal
Basin Government Consulting, LLC, as the primary firm, and David M. Shapiro Disaster
Recovery Consultants, Inc., as secondary firm (collectively the firms shall be referred to herein
as "Consultants"); and
WHEREAS, on October 21, 2013, the City and Consultants executed corresponding
agreements for the Services with an initial term of three (3) years, ending on November 30,
2016; and
WHEREAS, the agreements contained an inadvertent scrivener's error omitting two (2)
one-year renewal options beyond the initial term agreed to by the parties; and
WHEREAS, Pursuant to section 12.1 of the agreements, an amendment to the
agreements is necessary to correct this inadvertent omission; and
WHEREAS, the Administration recommends that the Mayor and City Clerk execute the
proposed Amendment No. 1 to the agreement with Tidal Basin Government Consulting,
LLC, substantially in the form attached to this Resolution as Exhibit "A", and the
proposed Amendment No. 1 to the agreement with David M. Shapiro Disaster Recovery
Consultants, Inc., substantially in the form attached to this Resolution as Exhibit "B".
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the Mayor and City Clerk to execute, substantially in
the form attached to this Resolution, Amendment No. 1 to the agreements between the City and
Tidal Basin Government Consulting, LLC., as primary firm, and David M. Shapiro Disaster
Planning & Recovery Consultants, Inc., as secondary firm, for emergency management
administrative support services; said amendment correcting a scrivener's error, to accurately
•
reflect the term of the agreements as an initial three (3) year term, which expires on November
30, 2016, with two (2) one-year renewal options, at the City's sole option and discretion.
PASSED AND ADOPTED this 19th day of October, 2016.
ATTEST:
, ///,
RAFA' L E. R ��,•'�• C u Al :IMy PHILIP LEVIN4 MAYOR
.� _. *
0 * I.INCORP ORATED: '
►'4CH 26 � APPROVED AS TO
FORM & LANGUAGE
&FOR EXECUTION
l
�-, - �
City Attorn_y :4 j- Date
Exhibit A
AMENDMENT NO. 1 TO AGREEMENT
BETWEEN CITY OF MIAMI BEACH, FLORIDA
AND
TIDAL BASIN GOVERNMENT CONSULTING, LLC.
FOR
EMERGENCY MANAGEMENT ADMINISTRATIVE SUPPORT SERVICES,
PURSUANT TO REQUEST FOR QUALIFICATIONS 065-2013TC
This Amendment No.1 (Amendment) to the Agreement is entered into this day of
, 2016 (Effective Date), by and between the City of Miami Beach,
Florida, a municipal corporation organized and existing under the laws of the State of
Florida, having its principal place of business at 1700 Convention Center Drive, Miami
Beach, Florida 33139 (City), and TIDAL BASIN GOVERNMENT CONSULTING, LLC., a
District of Columbia (DC) Limited Liability Company whose address is 300 N.
Washington Street, Suite 505, Alexandria, VA 22314 (Consultant), and hereby amends
the Agreement as follows:
RECITALS
WHEREAS, on July 17, 2013, the Mayor and City Commission adopted
Resolution Number 2013-28249, approving the award of Request For Qualifications
("RFQ") No. 065-2013TC for emergency management administrative support services
(the Services) to Tidal Basin Government Consulting, LLC, as the primary firm, and
David M. Shapiro Disaster Recovery Consultants, Inc., as secondary; and
WHEREAS, on October 21, 2013 the City and Consultant executed an agreement
for the services; and
WHEREAS, the Agreement contained an inadvertent scrivener's error omitting two
(2) one-year renewal options beyond the initial term agreed to by the parties; and
WHEREAS, the Amendment does not have an impact in cost or scope, as it is
intended to correct an inadvertent scrivener's errors only.
NOW THEREFORE, in consideration of the mutual promises and conditions
contained herein, and other good and valuable consideration, the sufficiency of which is
hereby acknowledged, the City and Consultant hereby agree to amend the Agreement
as follows:
1. ABOVE RECITALS.
The above recitals are true and correct and are incorporated as part of this
Amendment.
2. MODIFICATIONS.
The Agreement is hereby modified (deleted items and inserted
items underlined) as follows:
(a) Section 3 of the agreement is hereby modified to read as follows:
The term of this agreement (Term) shall commence upon execution of this
Agreement by all parties hereto, and shall have an initial term expiring on
November 30, 2016, with two (2) additional one-year renewal options, to be
exercised at the City Manager's sole option and discretion, by providing
Consultant with written notice of the same no less than thirty (30) days prior
to the expiration of the initial term.
3. RATIFICATION.
Except as amended herein, all other terms and conditions of the Agreement shall
remain unchanged and in full force and effect. In the event there is a conflict
between the provisions of this Amendment and the Agreement, the provisions of this
Amendment shall govern
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By:
Rafael E. Granado, City Clerk Philip Levine, Mayor
Date Date
FOR CONSULTANT: TIDAL BASIN GOVERNMENT
CONSULTING, LLC
ATTEST:
By:
Secretary President
Print Name Print Name
Date Date
Exhibit B
AMENDMENT NO. 1 TO AGREEMENT
BETWEEN CITY OF MIAMI BEACH, FLORIDA
AND
DAVID M. SHAPIRO DISASTER PLANNING & RECOVERY CONSULTANTS, INC
(DMS)
FOR
EMERGENCY MANAGEMENT ADMINISTRATIVE SUPPORT SERVICES,
PURSUANT TO REQUEST FOR QUALIFICATIONS 065-2013TC
This Amendment No.1 (Amendment) to the Agreement is entered into this day of
, 2016 (Effective Date), by and between the City of Miami Beach,
Florida, a municipal corporation organized and existing under the laws of the State of
Florida, having its principal place of business at 1700 Convention Center Drive, Miami
Beach, Florida 33139 (City), and DAVID M. SHAPIRO DISASTER PLANNING &
RECOVERY CONSULTANTS, INC., a Florida Corporation whose address is 3651 FAU
Blvd., Suite 400, Boca Raton FL. 33431 (Consultant), and hereby amends the
Agreement as follows:
RECITALS
WHEREAS, on July 17, 2013, the Mayor and City Commission adopted
Resolution Number 2013-28249, approving the award of Request For Qualifications
("RFQ") No. 065-2013TC for emergency management administrative support services
(the Services) to Tidal Basin Government Consulting, LLC, as the primary firm, and
David M. Shapiro Disaster Recovery Consultants, Inc., as secondary; and
WHEREAS, on October 21, 2013 the City and Consultant executed an agreement
for the services; and
WHEREAS, the Agreement contained an inadvertent scrivener's error omitting two
(2) one-year renewal options beyond the initial term agreed to by the parties; and
WHEREAS, the Amendment does not have an impact in cost or scope, as it is
intended to correct an inadvertent scrivener's error only.
NOW THEREFORE, in consideration of the mutual promises and conditions
contained herein, and other good and valuable consideration, the sufficiency of which is
hereby acknowledged, the City and Consultant hereby agree to amend the Agreement
as follows:
1. ABOVE RECITALS.
The above recitals are true and correct and are incorporated as part of this
Amendment.
2. MODIFICATIONS.
The Agreement is hereby modified (deleted items str-usleugh and inserted
items underlined) as follows:
(a) Section 3 of the agreement is hereby modified to read as follows:
The term of this agreement (Term) shall commence upon .execution of this
Agreement by all parties hereto, and shall have an initial term expiring on
November 30, 2016, with two (2) additional one-year renewal options, to be
exercised at the City Manager's sole option and discretion, by providing
Consultant with written notice of the same no less than thirty (30) days prior
to the expiration of the initial term.
3. RATIFICATION.
Except as amended herein, all other terms and conditions of the Agreement shall
remain unchanged and in full force and effect. In the event there is a conflict
between the provisions of this Amendment and the Agreement, the provisions of this
Amendment shall govern
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By:
Rafael E. Granado, City Clerk Philip Levine, Mayor
Date Date
FOR CONSULTANT: DAVID M. SHAPIRO DISASTER
PLANNING & RECOVERY
CONSULTANTS, INC
ATTEST:
By:
Secretary President
Print Name Print Name
Date Date
Resolutions - C7 N
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 19, 2016
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE, SUBSTANTIALLY IN THE FORM ATTACHED TO
THIS RESOLUTION, AMENDMENT NO. 1 TO THE AGREEMENTS BETWEEN
THE CITY AND TIDAL BASIN GOVERNMENT CONSULTING, LLC, AS PRIMARY
FIRM, AND DAVID M. SHAPIRO DISASTER PLANNING & RECOVERY
CONSULTANTS, INC., AS SECONDARY FIRM, FOR EMERGENCY
MANAGEMENT ADMINISTRATIVE SUPPORT SERVICES; SAID AMENDMENT
CORRECTING A SCRIVENER'S ERROR, TO ACCURATELY REFLECT THE
TERM OF THE AGREEMENTS AS AN INITIAL THREE (3) YEAR TERM, WHICH
EXPIRES ON NOVEMBER 30, 2016, WITH TWO (2) ONE-YEAR RENEWAL
OPTIONS,AT THE CITY'S SOLE OPTION AND DISCRETION.
RECOMMENDATION
Administration recommends that the Mayor and City Clerk execute the proposed Amendment No. 1 to
the agreement with Tidal Basin Government Consulting, LLC, substantially in the form attached to
this Resolution as Exhibit "A", and the proposed Amendment No. 1 to the agreement with David M.
Shapiro Disaster Recovery Consultants, Inc., substantially in the form attached to this Resolution as
Exhibit "B".
ANALYSIS
On July 17, 2013, the Mayor and City Commission adopted Resolution Number 2013-28249,
approving the award of Request For Qualifications ("RFQ") No. 065-2013TC for emergency
management administrative support services (the Services) to Tidal Basin Government
Consulting, LLC, as the primary firm, and David M. Shapiro Disaster Recovery Consultants, Inc.,
as secondary firm (collectively the firms shall be referred to herein as "Consultants")
On October 21, 2013, the City and Consultants executed corresponding agreements for the
Services with an initial term of three (3) years, ending on November 30, 2016. However, an
inadvertent scrivener's error failed to include two (2) one-year renewal options beyond the initial
term agreed to by the parties.
In order to correct this omission, Section 12.1, "Changes and Additions", of the agreement
states that "this Agreement cannot be modified or amended without the express written consent
of the parties. No modification, amendment, or alteration of the term or conditions contained
Page 673 of 1614
herein shall be effective unless contained in a written document executed with the same
formality and of equal dignity herewith."
As a result, an amendment to the corresponding agreements is necessary to correct the
scrivener's error and correctly reflect the agreed upon renewal option in each of the
corresponding agreements.
CONCLUSION
Amendment No. 1 is hereby presented for approval, pursuant to section 12.1 of the
agreements, in order to correct the inadvertent omission of two (2) one-year renewal options in
the agreements between the city and Tidal Basin Government Consulting, LLC, as primary firm,
and David M. Shapiro Disaster Planning & Recovery Consultants, Inc., as secondary firm, for
emergency management administrative support services.
Legislative Tracking
Procurement
ATTACHMENTS:
Description
❑ Resolution &Amendment
Page 674 of 1614