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HomeMy WebLinkAboutCity of Tamarac Resolution R-2016-058Temp. Reso. # 12799 June 22, 2016 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2016SY A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, TO APPROVE AMENDMENT NUMBER 1 TO THE AGREEMENTS WITH ASHBRITT, INC. AND CROWDERGULF JOINT VENTURE, INC. FOR DISASTER DEBRIS REMOVAL AND DISPOSAL SERVICES; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AMENDMENT NUMBER 1 TO SAID AGREEMENTS, AUTHORIZING THE RENEWAL OF THE EXISTING AGREEMENTS EFFECTIVE JUNE 26, 2016 THROUGH JUNE 30, 2017; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac is vulnerable to a variety of natural disasters including hurricanes and tornadoes; and WHEREAS, the impact of a major disaster would exceed the ability of City emergency response resources; and WHEREAS, in the event of a major disaster supplemental resources would be required in order to rapidly restore the City to pre -disaster conditions; and WHEREAS, a disaster recovery agreement with a private sector service provider places a vast array of specialized equipment, personnel and material at the City's disposal in the event of a disaster; and WHEREAS, the City Commission approved award of Bid Number 13-10R to and execution of Agreements with ASHBRITT, INC. and CROWDERGULF JOINT VENTURE, INC., for Disaster Debris Removal and Disposal Services, via Resolution R- 2013-57, dated June 26, 2013, incorporated herein by reference and on file in the office of the City Clerk; and Temp. Reso. # 12799 June 22, 2016 Page 2 WHEREAS, Bid No. 13-10R was issued and awarded prior to December 26, 2014, in accordance with the federal regulations in place at the time of award; and WHEREAS, the Federal Office of Management and Budget ("OMB") recently replaced many federal grant procedures with the new "Super Circular", which is now found in 2 C.F.R Part 200; and WHEREAS, the new regulations effectively standardize the procurement requirements for any public agency receiving federal reimbursement; and WHEREAS, these procurement standards include, in part, the necessary affirmative steps to assure use of minority firms, women's business enterprises, and labor surplus area firms when possible; and WHEREAS, the OMB established a grace period for compliance with new regulations through September 30, 2017; and WHEREAS, City staff recommend approval and execution of Amendment #1 to the Agreements with ASHBRITT, INC. and CROWDERGULF JOINT VENTURE, INC., for Disaster Debris Removal and Disposal Services, authorizing a renewal and extension of said Agreements through June 30, 2017, a copy of said Amendments to the Agreements with ASHBRITT, INC. and CROWDERGULF JOINT VENTURE, INC., for Disaster Debris Removal and Disposal Services are hereto attached as Exhibit 1" and Exhibit "2", respectively; and WHEREAS, the Director of Public Services, the Director of Financial Services, and the Purchasing and Contracts Manager recommend that the City Commission of the City of Tamarac approve Amendment #1 to the Agreements with ASHBRITT, INC. and CROWDERGULF JOINT VENTURE, INC., for Disaster Debris Removal and Temp. Reso. # 12799 June 22, 2016 Page 3 Disposal Services for disaster debris removal services; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to approve and execute Amendment No. 1 to the Agreements with ASHBRITT, INC. and CROWDERGULF JOINT VENTURE, INC., for Disaster Debris Removal and Disposal Services, authorizing a renewal and extension of said Agreements through June 30, 2017. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: 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. All exhibits attached hereto and referenced herein are incorporated and made a specific part of this Resolution. SECTION 2: The approval and execution of Amendment No. 1 to the Agreements with ASHBRITT, INC. and CROWDERGULF JOINT VENTURE, INC., authorizing the renewal and extension of said Agreements through June 30, 2017, is HEREBY approved. SECTION 3: The appropriate City Officials are HEREBY authorized to execute Amendment No. 1 to the Agreements with ASHBRITT, INC. and CROWDERGULF JOINT VENTURE, INC. for Disaster Debris Removal and Disposal Services, for Agreements which were competitively solicited and awarded prior to Temp. Reso. # 12799 June 22, 2016 Page 4 December 26, 2014 in accordance with Office of Management and Budget (OMB) requirements in effect prior to that date for which a two (2) year grace period has been extended, and thereto attached -as Exhibit'T' and Exhibit "2", respectively. SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. 1 C J SECTION 6 passage and adoption. Temp. Reso. # 12799 June 22, 2016 Page 5 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this day of Q2016. ATTEST: PATRICIA TEUFEL, C CITY CLERK I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM SAiQlUEL S. GOR N CITY ATTORNEY 4 a"Z�� HAR Y DRESSLER MAYOR RECORD OF COMMISSION VOTE - MAYOR DRESSLER DIST 1: COMM. BUSHNELL DIST 2: COMM. GOMEZ DIST 3: VICE MAYOR GLASSER DIST 4. COMM. PLACKO PURCHASING AND CONTRACTS DIVISION May 20, 2016 Mr. John Noble Vice President Ashbritt Inc. 565 E. Hillsboro Boulevard Deerfield Beach, FL 33441 RE: Agreement Renewal Disaster Debris Removal and Disposal Services Dear Mr. Noble: The City's Agreement with your company to provide Disaster Debris Removal and Disposal Services for the city is currently set to expire. The original agreement, dated June 26, 2013, provides for additional two (2) year renewal options, subject to mutual Agreement by the City and Ashbritt, Inc., however, due to recent changes in Federal regulations that will require the incorporation of new language in solicitation documents, the City will only be able to renew the Agreement through June 30, 2017. A copy of Agreement Amendment #1 is attached. Please print and execute two (2) originals of the attached Agreement Amendment. Please be sure that this document is fully executed by the person designated on the attached signature page. In addition, please ensure that the Corporate Acknowledgement is fully notarized. Please return the two (2) original documents to the Purchasing & Contracts Division by no later than May 31, 2016. Sincerely, v ♦ I� 1 0; Keith K. Glatz, CPPO Purchasing & Contracts Manager Attachment "e «maned to gwdzwe... r4�[Caayc." 7525 N.W. 88th Avenue I Tamarac, Florida 33321-2401 1 P: 954.597.35701 F: 954.597.3%5 EQUAL OPPORTUNITY EMPLOYER Citv of Tamarac Purchasing Division AGREEMENT AMENDMENT #1 BETWEEN THE CITY OF TAMARAC AND ASHBRITT, INC. THIS AGREEMENT is made and entered into this,&day of 20by and between the City of Tamarac, a municipal t1corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Ashbritt, Inc., a Florida corporation with principal offices located at 565 E. Hillsboro Boulevard, Deerfield Beach, Florida 33441 (the "Contractor") agree to amend the original Agreement dated June 26, 2013 to provide for non-exclusive Disaster Debris Removal and Disposal Services as follows: Please amend Contract Section 2, "Contract Term" of the Agreement dated June 26, 2013 as follows: "2) Contract Term The successful contractor shall be awarded a contract for three (3) years with the option to renew the contract for fi e "` .,dditienal twe (2) yeaF one additional one (1) year periods through June 30, 2017. ,, 6itual .. FitteR agree., eRt Unit prices will remain firm for the first year and may be adjusted according to the Consumer Price Index (CPI) for each subsequent year." All other provisions of the original agreement remain in effect as written. REMAINDER OF PAGE INTENTIONALLY BLANK City of Tamarac Division IN WITNESS WHEREOF, the parties hereby have made and executed this Amendment to Agreement on the respective dates under each signature, the City of Tamarac signing through its City Manager and its City Commission signing by and through its Mayor and its City Manager, and CONTRACTOR signing by and through its Vice -President, duly authorized to execute same. OF .TA.v/g9// s s i ti 0� W : ESTABLISHED CITY OFT WC Harry Messier, Mayor 1963 i p Date— ��'• SEAL ATTE®C �y �chaelernech, City Manager >, atricia A. Teufel, CMC City Clerk Date ATTEST: - I---M7> Date Appr ved as to form and legal sufficiency: A Sami5el S. Goren, CKy Attorney f 1: C416 Date ASHBRITT, INC. Co m y me p at S retary/Date Sign ure of Vice President 1120 Lam- L6ffexi o . Type/Print Name of Vice President (�z12Di(I., (CORPORATE SEAL) Date City of Tamarac CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA SS COUNTY OFJUou-) L : Purchasing Division I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Joa"-k �JOPLL of Asbritt, Inc., a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this Z day of Jac 20� t KELLY BECKMANN VNOTARY PUBLIC STATE OF FLORIDA Comm# EES64681 M 1gExpires 1 /13=17 Signature of Notary ublic State of Florida at Large —� Print, Type or Stamp Name of Notary Public Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. C'i[1, ol,7_0111arrac Purchasing Division AGREEMENT AMENDMENT #1 BETWEEN THE CITY OF TAMARAC AND CROWDERGULF JOINT VENTURE, INC. 41 THIS AGREEMENT is made and entered into thi�day of , 204 by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and CrowderGulf Joint Venture, Inc., a Florida corporation with principal offices located at 5435 Business Parkway, Theodore, Alabama 36582 (the "Contractor") agree to amend the original Agreement dated June 26, 2013 to provide for non-exclusive Disaster Debris Removal and Disposal Services as follows: Please amend Contract Section 2, "Contract Term" of the Agreement dated June 26, 2013 as follows: " 2) Contract Term The successful contractor shall be awarded a contract for three (3) years with the option to renew the contract for one additional one (11 year periods through June 30, 2017.AIM Wall Unit prices will remain firm for the first year and may be adjusted according to the Consumer Price Index (CPI) for each subsequent year." All other provisions of the original agreement remain in effect as written. REMAINDER OF PAGE INTENTIONALLY BLANK 7atnara IN WITNESS WHEREOF, the parties hereby have made and executed this Amendment to Agreement on the respective dates under each signature, the City of Tamarac signing through its City Manager and its City Commission signing by and through its Mayor and its City Manager, and CONTRACTOR signing by and through its President, duly authorized to execute same. CITY O A RAC MA 00\11 11/1 k of TA►y/g9 �,,�. Harry ressler, Mayor &kl"j w ESTABLISHEDB 07`01 l� 1963 jatke O. SEAL p ` ATTEST: �'//0 C®U �����`` chael C. Cernech, City Manag r Patricia A. Teufel, CMC City Clerk 7/9,k Date ATTES r orate Secret/Date Tonq "Dees (CORPORATE SEAL) Date Appro d as to form and legal sufficiency: All ---- Sam I S. Gbiren, di r orney ph Date CROWDERGULF JOINT VENTURE, INC. of P John Ramsay Type/Print Name of Vfee-President IDS-3 1 -1 Date Cin Of I (1/ ,awc° CORPORATE ACKNOWLEDGEMENT STATE OF Ft6MRtM COUNTY OF 140b11-6 :SS Purchasin Division 1 HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared John Ramsay, President of CrowderGulf Joint Venture, Inc., a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this 31s4 day of a , 201 io K 0. YSiOR f Notary Public Kwm A. w State of F 4eride at Large Notary Public, Mobb County, AL lAk w KU— My commission Expires Sept 12, 2018 Print, Type or Stamp Name of Notary Public Personally known to me or ❑ Produced Identification Type of I.D. Produced DID take an oath, or ❑ DID NOT take an oath. Disaster Recovery & Debris Management Contact Information DISASTER ADMINISTRATION OFFICE (DAO) 5435 BUSINESS PARKWAY THEODORE, ALABAMA 36582 24 Hours / 7 Days a Week 800-992-6207 Phone 251-459-7433 Fax In the event of activation please contact the Disaster Administration Office (DAO) first 800-992-6207 Please ask for Ashley Ramsay-Naile. Official Notices should be sent to DAO address, DAO fax or jramsayCc�crowdergulf.com John Ramsay President — Director 251-402-3677 Cell iramsay(a-)-crowdergulf.com John Campbell Regional Director 859-963-8672 Cell cam pbell(a�crowderguIf. com Ashley Ramsay-Naile Chief Operating Officer 646-872-1548 Cell aramsay(a-)-crowd_ergulf.com Buddy Young Regional Director 940-597-4252 Cell byoung(a)_crowdergulf.com Margaret R. Wright, Ph. D. Senior Manager 251-604-6346 Cell mwright(c-crowdergulf.com