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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, APPROVING AND RATIFYING AGREEMENTS ENTERED INTO BY THE CITY DURING THE COVID-19 CRISIS DURING THE ABSENCE OF AVAILABLE CITY COMMISSION REVIEW; PROVIDING AN EFFECTIVE DATE.
(Fiscal Impact: FDEP Agreement - No Fiscal Impact; Broward County Agreement - Fiscal Impact: $43,236.55; AT&T Master Service Agreement - Fiscal Impact: Estimated $60,000 to $70,000)
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(Staff Contact: Greg Harrison/A. Randolph Brown/Eugene Zamoski)
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Summary Explanation/Background:
Pursuant to the nature of the COVID-19 Virus and numerous Emergency Orders from Federal, State, County and Municipal authorities, local government cannot safely conduct their public business meetings in the usual manner. Therefore, as of March 4, 2020 the City commenced a series of Emergency Proclamations signed by Mayor Hardin. Subsequently, the three (3) agreements listed below were required to be approved and signed by the City Officials prior to the end of March, during the absence of available City Commission review. Additionally, since the March 24, and April 14, 2020 City Commission meetings were cancelled, timing was crucial for staff to ascertain the signatures of the Mayor, City Manager, City Attorney and City Clerk for the three agreements.
Consequently, this resolution presents the three agreements, referenced herewith, which were previously signed and needs to be ratified by the City Commission at its first virtual meeting of April 28, 2020 and they are as follows:
Agreement with Florida Department of Environmental Protection (Attached in full as Exhibit 1):
The Utilities Department received a grant from the Florida Department of Environmental Protection (FDEP) in 2018 to fund the upgrade of four existing drinking water interconnects. City Commission approved the grant through resolution number 2018-80 that was passed and adopted on February 13, 2018. The project for which this grant funding is to be utilized experienced delays attributed to the completion of interlocal agreements with the City of Fort Lauderdale and Broward County. Consequently, an amendment was requested from FDEP to have the grant deadline extended. The conditions in the amendment are the same as the original. The only changes are to the deliverable end dates. The extension of the Grant was time sensitive. Execution prevented us from losing the grant from FDEP.
Agreement with Broward County (Attached in full as Exhibit 2):
The Utilities Department has partnered with Broward County through five-year interlocal agreements since 2005 to provide water conservation services to our customers. The contract lapses this month and the County was requesting the contract to be executed.
Master Service Agreement with AT&T (Attached in full as Exhibit 3):
Currently, the City uses Windstream for our phone and internet services. We will be coming to the end of their five-year agreement by June 2020. There have been some major issues with their service and the fact that they are now in chapter 11 bankruptcy forces us to find a better vendor. City staff has been negotiating with AT&T for better services, which will include fiber lines instead of copper. These negotiations have lasted for the last nine months.
For these reasons we needed to have these contracts approved now, as soon as possible, since it will take months for AT&T to finish this project and we are coming very close to June 2020. I have spoken to the City Attorney, Mark Berman, who has reviewed the contract and also agrees with the urgency to get this done.
Origin of request for this action: City Attorney’s Office/ Utilities Department/ Information Technology Department
Fiscal impact and source of funding: FDEP Agreement - No Fiscal Impact; Broward County Agreement - Fiscal Impact: $43,236.55 and Funding Source: 420-7365-533-65-04; AT&T Master Service Agreement - Fiscal Impact: Estimated $60,000 to $70,000 and Funding Source: 502-5210-594.43-10
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