HomeMy WebLinkAboutCity of Tamarac Resolution R-2017-108Amendment to R-2017-108
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Environmental
October 12, 2017
VIA E-MAIL
Michael C. Cemech
City Manager
City of Tamarac
7527 NW 88th Avenue
Tamarac,, FL 33321
Dear Mr. Cernech;
As your dedicated partner, we send this letter to confirm the commitment we made to your community when
you recognized the extraordinary national resource shortages caused by the overlap of Hurricanes Harvey, Irma,
and Maria, and now Nate, and the varying responses of the federal government and of local and state
governments across Texas, Georgia, Florida, the Commonwealth of Puerto Rico and the Gulf Coast. When you
agreed to price increases on certain line items, including for collection of vegetative debris, we promised to
reconsider those rates once the market stabilized.
We are pleased to confirm that the resource market has now stabilized sufficiently that AshBritt is able to
maintain prices at the pre -position contract rates. AshBritt has yet to invoice the city for any services rendered
in the recovery effort, but when it does so it will do so at the rates in your original contract. No line item price
increases will be implemented and AshBritt will bill at the contracted rate, without consideration of any post -
Irma amendments or adjustments.
Over 25 years, AshBritt has executed more than 230 disaster recovery missions, including debris recovery
efforts in 45 federally declared major disasters in 18 different states. This exemplary record through all sorts of
crises and disasters demonstrates that AshBritt has the capability, integrity and trustworthiness to serve as your
responsible contractor. We believe that AshBritt's promise to you has been realized and can assure you of
AshBritt's values and commitment to responsibly serve your community as we all face this unprecedented
challenge and work towards successfully completing the Hurricane Irma recovery mission with you.
Respeaffully
Randy Perkins
Founder and Chairman, AshBritt
565 East Hillsboro Boulevard, Deerfield Beach, Florida 33441
(954) 545- 3535 telephone, (954) 545-3585 fax
Temp. Reso. #13015
September 27, 2017
Page 1 of 4
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2017- 1 0 F
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, APPROVING THE FIRST AMENDMENT
TO THE DEBRIS REMOVAL AGREEMENT WITH ASHBRITT,
INC. TO ENSURE THE CONTINUED DEBRIS REMOVAL IN
PUBLIC AND PRIVATE COMMUNITY STREETS TO ALLOW
FOR PUBLIC SAFETY OPERATIONS RESULTING FROM
HURRICANE IRMA TO ENSURE THE HEALTH, SAFETY
AND WELFARE OF THE CITIZENS AND RESIDENTS OF
THE CITY; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE WITH ASHBRITT, INC. TO FINALIZE THIS
AGREEMENT; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Hurricane Irma ("Hurricane"), traveled through and impacted the City
starting September 9, 2017 through September 10, 2017 with wind gusts of up to 90 mph
and up to 12 inches of rain; and
WHEREAS, as a result of the Hurricane, the City is facing considerable
accumulation of disaster debris which poses serious and immediate threats to the life,
health and/or safety of the public; and
WHEREAS, prior to Hurricane Irma, the City Commission, at the April 26, 2017,
meeting, awarded RFP No. 17-07R to Ashbritt, Inc. for disaster debris removal and
disposal services on an as needed basis for a three (3) year term with the option to review
the contract for two (2) additional two (2) year periods ("Original Agreement"); and
WHEREAS, in light of the impact of Hurricane Harvey in Texas followed by the
impact of Hurricane Irma in Florida, contractors across the county, have had to adjust the
market rates for the necessary equipment necessary to respond to these disasters; and
11
Temp. Reso. #13015
September 27, 2017
Page 2 of 4
WHEREAS, these circumstances warranted the negotiation of a surcharge to
certain unit prices solely to address the changes to the Original Agreement from the basis
upon which it was solicited; and
WHEREAS, this amendment will ensure timely measures are taken for the
protection of lives and property in the City by safely and judiciously removing the
accumulated debris from the community reducing the imminent development of
aggravating factors such as repair of disabled power lines, or other utility connections;
glass, metal or other sharp debris; risk of disaster debris becoming wind-blown projectiles;
impairment of drainage by disaster debris and risks associated therewith, and;
WHEREAS, pursuant to Section 9-73 of the City's Code of Ordinances, the City
Manager, determined based upon his assessment of the seriousness and immediacy of
threats to life, health and/or safety, whether it is in the public interest to amend the disaster
debris agreement; and
WHEREAS, the conditions described herein, are widespread and exist on both
private and public roads within the City; and
WHEREAS, certain operational provisions of the amendment require further
negotiation with Ashbritt, Inc. such that the City Manager requests the authority to
negotiate such operational aspects prior to finalizing the amendment; and
WHEREAS, pursuant to Section 9-67 through 9-74, of the City's Code of
Ordinances, the City has the authority to remove disaster debris from public and private
property when the City Manager makes a finding that the presence of disaster debris
throughout the City is so widespread or of such a severe nature as to pose a serious and
immediate threat to life, health, and safety; and
WHEREAS, the City Commission deems it to be in the best interests of the citizens
Temp. Reso. #13015
September 27, 2017
Page 3 of 4
and residents of the City of Tamarac to approve this amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA:
Section 1. The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution.
Section 2. The City Commission of the City of Tamarac hereby approves the First
Amendment to the Amendment to the Debris Removal Agreement with Ashbritt, Inc., a copy
of which is attached hereto as Exhibit "A" and incorporated herein by reference, and further
authorizes the City Manager to finalize negotiation of operational matters related thereto
prior to the execution thereof.
Section 3. The appropriate City officials are hereby authorized and directed to
take any and all action necessary to effectuate the intent of this resolution.
Section 4. All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 5. If any clause, section, other part or application of this Resolution is held
by any court of competent jurisdiction to be unconstitutional or invalid, in part or application,
it shall not affect the validity of the remaining portions or applications of this Resolution.
Temp. Reso. #13015
September 27, 2017
Page 4 of 4
Section 6. This Resolution shall become effective immediately upon its passage
and adoption.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA THIS 27th DAY OF SEPTEMBER, 2017.
•WARAC FLORIDA
1 �+ W'I 1 •
ATTEST:
P TRICIA TEUF , MC
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM. BOLTON
DIST 2: COMM. GOMEZ f
DIST 3: COMM. FISHMAN
DIST 4: V/M. PLACKO
APPR VED AS TO FORM:
SAUUtL S. GOREN
CITY ATTORNEY
1
FIRST AMENDMENT TO THE
DISASTER DEBRIS REMOVAL AND DISPOSAL SERVICES AGREEMENT
BETWEEN THE CITY OF TAMARAC AND ASHBRITT, INC.
THIS FIRST AMENDMENT TO THE AGREEMENT, dated this day of
September 2017, by and between:
THE CITY OF TAMARAC, a municipal corporation organized and
operating under the laws of the State of Florida, with an address 7525 N.W.
88t' Avenue, Tamarac, FL, 33321, hereinafter referred to as "CITY",
and
ASHBRITT, INC., with an address of 565 E. Hillsboro Boulevard,
Deerfield Beach, FL, 33441 hereinafter to referred to as "CONTRACTOR."
WHEREAS, the City Commission, at the April 26, 2017, meeting, awarded RFP No. 17-
07R to Ashbritt, Inc. for disaster debris removal and disposal services on an as needed basis for a
three (3) year term with the option to review the contract for two (2) additional two (2) year periods
("Original Agreement"); and
WHEREAS, pursuant to Appendix 1 to the Original Agreement, the parties originally
agreed on a schedule of unit prices; and
WHEREAS, in light of the impact of Hurricane Harvey in Texas followed by the impact of
Hurricane Irma in Florida, contractors across the county, have had to adjust the market rates for the
necessary equipment necessary to respond to these disasters; and
WHEREAS, the changes in the contemplated scope of work under the Original Agreement
mandated the negotiation of a surcharge to certain unit prices solely to address the changes to the
Original Agreement from the basis upon which it was solicited; and
WHEREAS, the considerable accumulation of debris will require special and additional
equipment and personnel to ensure the timely measures are taken for the protection of lives and
property in the City; and
WHEREAS, the Parties specifically desire to amend the term of the Original Agreement by
entering into this First Amendment in order to confirm and ratify their agreement regarding the
surcharge and number of required trucks and associated crew.
WITNESSETH
NOW, THEREFORE, for and in consideration of the sum of the mutual covenants and
other good and valuable consideration, the receipt of which are hereby acknowledged, the parties
hereto agree as follows:
(00199543.6270440501640) Page 1 of 3
SECTION 1. The recitations set forth in the above "WHEREAS" clauses are true and
correct and incorporated herein by this reference.
SECTION 2. The Original Agreement is hereby amended to provide for a surcharge per
Cubic Yard ("CY") to the original unit rates listed in Appendix 1 of the Original Agreement as
follows:
a. Vegetative collect and removal for haul from ROW to DMS: surcharge of $5.75 per
CY
b. C&D collect and removal for haul from ROW to DMS: surcharge of $5.75 per CY
c. Vegetative debris removal from DMS and hauling to final disposal site within
Broward County :surcharge of $2.95 per CY
d. C&D debris removal from DMS and hauling to final disposal site within Broward
County: surcharge of $2.95 per CY
SECTION 3. CONTRACTOR shall provide a minimum of twenty (20) grapple trucks or
the equivalent daily capacity and associated crew including support equipment and associated crew
for the removal, reduction, handling, and final disposal of disaster debris. Such support equipment
shall include, but shall not be limited to, chainsaws, skid loaders, front-end loaders, backhoes,
sweepers, blowers, arrow boards, barricades, cones, etc. for the complete and timely removal,
reduction, and disposal of disaster debris until further notice from the CITY and CITY's
authorization of a reduction in such service levels.
SECTION 4. In the event of any conflict or ambiguity by and between the terms and
provisions of this First Amendment, and the Original Agreement, the terms and provisions of this
First Amendment shall control to the extent of any such conflict or ambiguity.
SECTION 5. The Original Agreement as awarded pursuant to RFP No. 17-07R shall
remain in full force and effect except as specifically amended herein.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first written above.
THE REMAINDER OF THIS PAGE
HAS INTENTIONALLY BEEN LEFT BLANK.
J00199543.62704.05016401 Page 2 of 3
ATTEST:
PATRICIA
7
CITY CLERK
C41 jW
OFFIC OF THE CITY ATTORNEY
WITNESSES:
Print Name
Print Name
STATE OF
) ss:
COUNTY OF
CITY:
CITY OF TAMARAC
CITY MANAGER
CONTRACTOR:
ASHBRITT, INC.
Print Name:
Title:
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ESTABLISHED1963
C SEAL ®;
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01)11�1
BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally
appeared as of ASHBRITT, INC. a company authorized to conduct
business in the State of Florida, and acknowledged execution of the foregoing Agreement as the proper official of
ASHBRITT, INC. for the use and purposes mentioned in it and affixed the official seal of the corporation, and that the
instrument is the act and deed of that corporation.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County
aforesaid on this day of September, 2017.
NOTARY PUBLIC
(Name of Notary Typed, Printed or Stamped)
(00199543.6270"501W) Page 3 of 3