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HomeMy WebLinkAboutCity of Tamarac Resolution R-2012-063Temp. Reso. # 12195 May 9, 2012 Page 1 CITY OF TAMARAC, FLORIDA 13 RESOLUTION NO. R-2012 a A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE EXTENSION OF THE AGREEMENTS WITH ASHBRITT, INC. AND DRC EMERGENCY SERVICES, LLC FOR DISASTER DEBRIS REMOVAL SERVICES; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE EXTENSION WITH ASHBRITT, INC. AND DRC EMERGENCY SERVICES, LLC FOR DISASTER DEBRIS REMOVAL SERVICES; 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 Agreements with Ashbritt, Inc. and DRC Emergency Services, LLC. via Resolution R-2007-88, dated June 27, 2007, authorized the first of two (2) one-year renewals via Resolution R-2010-64, dated May 26, 2010, and authorized the second of two (2) one-year renewals via Resolution R-2011-65, dated June 22, 2011, incorporated herein by reference and on file in the office of the City Clerk; and WHEREAS, Public Services staff determined, on the basis of FEMA requirements Temp. Reso. # 12195 May 9, 2012 Page 2 and industry standards, to maintain two contracts ensuring adequate availability and capacity of disaster debris removal services; and WHEREAS, disaster debris removal is a critical service, and continuity of service during the 2012 Hurricane Season is of great importance; and WHEREAS, the Director of Public Services, the Director of Financial Services, and the Purchasing and Contracts Manager recommend that the City execute extensions with ASHBRITT, INC. and DRC EMERGENCY SERVICES, LLC 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 execute extensions with ASHBRITT, INC. and DRC EMERGENCY SERVICES, LLC for disaster debris removal services. 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. Temp. Reso. # 12195 May 9, 2012 Page 3 SECTION 2: The City Commission of the City of Tamarac approves extension of the Agreements with Ashbritt, Inc. and DRC Emergency Services, LLC. The appropriate City Officials are hereby authorized to execute renewals with ASHBRITT, INC. and DRC EMERGENCY SERVICES, LLC for disaster debris removal services, hereto attached as Exhibit "1" and Exhibit "2", respectively. SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: 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. SECTION 5: passage and adoption. 1 This Resolution shall become effective immediately upon its Temp. Reso. # 12195 May 9, 2012 Page 4 PASSED, ADOPTED AND APPROVED this �K/ day of �d� 2012. BETH TALABI CO MAYOR ATTEST: PETER M. J. RIC ARDSON, C , CMC CITY CLERK RECORD OF COMMISSION VOTE: MAYOR TALABISCO 6Q� DIST 1: COMM. BUSHN LL DIST 2: COMM. GOMEZ E DIST 3: WM GLASSER DIST 4: COMM. DRESSL R I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM EL S. GOREN CITY ATTORNEY 1 Purchcrsin", Division AGREEMENT AMENDMENT #3 BETWEEN THE CITY OF TAMARAC AND DRC EMERGENCY SERVICES, LLC THIS AGREEMENT is made and entered into this/ -day of 20Q 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 DRC Emergency Services, LLC, an Alabama Limited Liability Company, duly registered as a Florida Foreign Limited Liability Company with principal offices located at 740 Museum Drive, Mobile, Alabama 36608 (the "Contractor") agree to amend the original Agreement dated June 27, 2007 to provide for non-exclusive Disaster Debris Removal and Disposal Services as follows: Per the terms of Section C. "Contract Term", of the Request for Proposal document 07-21 BR "Disaster Debris Removal and Disposal Services", which was incorporated as part of the original Agreement dated June 27, 2007; the City and Contractor extend the term of the Agreement from June 27, 2012 through November 30, 2012. In the event of a storm event prior to the termination date, this Agreement shall extend until all work related to the event is completed. All other provisions of the original agreement remain in effect as written. REMAINDER OF PAGE INTENTIONALLY BLANK City o/'"(`alla °sac Purchasin" 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 Chief Operating Officer (COO), duly authorized to execute same. CITY OF MA C BETH TALABISCO,` AYOR -5—/& —0- Date ATTEST: " IVITchael C. Cernech, City Manager Peter M.J. Ric4brdson, CRM, CMC Date ity. Clerk a� -1 j of Approved as to form and legal sufficiency: Date amu 1 S. Goren, City Attorney Date ATTES r rate Secr ry/Date (CORPORATE SEAL) DRC EMERGENCY SERVICES, LLC Co pany Name Signature of Chief Aerating Officer Mark Stafford Type/Print Name of Chief Operating Officer Date lL[---, 1 ("ity qJ Tamarac Purchasing Division CORPORATE ACKNOWLEDGEMENT STATE O :SS COUNTY OF I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforo aid an t Co my aforesaid to take acknowledgments, personally appeared �,A , Chief Operating Officer of DRC Emergency Services, LLC., an Alabama Limited Liability Company, duly registered as a Florida Foreign Limited Liability Company, 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/48A day of , 201L A NOTARY 4 - "T'LABAMAATLARGE a, F A ,n -z ju (q BVNmmi)OTnU M1L CO'HANY Signature of Notary Public State of Florida. at Large Print, Type or StarAp Name of Notary Public Personally known to me or ❑ Produced Identification Type of I.D. Produced � ID take an oath, or ❑ DID NOT take an oath. ACORV CERTIFICATE OF LIABILITY INSURANCE `,.,,,,/ DAT1/19/2012 Y) 01/19/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTERTHE COVERAGE AFFORDED BYTHE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MCGRIFF, SEIBELS & WILLIAMS OF TEXAS, INC. 5080 Spectrum Dr., Suite 900E CONTACT NAME: FA A/C No Ext : (469) 232-2100 C IX C No): E-MAIL ADDRESS: Addison, TX 75001 INSURERS AFFORDING COVERAGE NAIC # INSURER A:IronshoreSpecialty Insurance INSURED DRC Emergency Services, LLC INSURER B :United States Fire Insurance Company INSURER C :Zurich American Insurance Co 740 Museum Drive Mobile, AL 36608-1940 INSURER D INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:H2M2GVE8 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A GENERAL LIABILITY 001114301 07/28/2011 01/28/2013 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I -XI OCCUR DAMAGE RENTED PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 0 PERSONAL & ADV INJURY $ 1,000,000 X GENERAL AGGREGATE $ 10,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 X POLICY PRO LOC $ B AUTOMOBILE LIABILITY 1337318334 01/20/2012 01/20/2013 COMBINED SINGLE LIMIT Ea accident 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X IAUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ NON -OWNED HIRED AUTOS IX Comp. $500 deductible Coll. $500 deductible A UMBRELLA LIAB X JOCCUR 001114401 Follow Form 07/28/2011 01/28/2013 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 X EXCESS LIAB CLAIMS -MADE X DED I I RETENTION $10,000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE F---1 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A WC4647260-00 Includes USH&L 01/20/2012 01/20/2013 X WC STATU- OTH- I TORY LIMITS E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A CONTRACTORS POLLUTION INCLD. 000108002 01/19/2012 01/19/2013 Each Occurrence 5,000,000 Liability During Transportation, fines, Policy Aggregate $ 5,000,000 penalties, clean up, punitive damage. Occurrence form Deductible Each Loss $ 10,000 $ $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) The Certificate Holder is included as an Additional Insured (except Workers' Compensation) as required by written contract. The above referenced policy(s) include a waiver of subrogation in favor of the Certificate Holder. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Tamarac AUTHORIZED REPRESENTATIVE Attn: Budget & Contracts Manager 6011 Nob Hill Road I Tamarac, FL 33321-6200 Page 1 of 1 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD AGREEMENT AMENDMENT #3 BETWEEN THE CITY OF TAMARAC AND ASHBRITT, INC. THIS AGREEMENT is made and entered into this � day of , 20J2 by and between the City of Tamarac, a municipal Corp ration 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 S. Hillsboro Blvd., Deerfield Beach, FL 33441 (the "Contractor") agree to amend the original Agreement dated June 27, 2007 to provide for non-exclusive Disaster Debris Removal and Disposal Services as follows: Per the terms of Section C. "Contract Term", of the Request for Proposal document 07-21 BR "Disaster Debris Removal and Disposal Services", which was incorporated as part of the original Agreement dated June 27, 2007; the City and Contractor extend the term of the Agreement from June 27, 2012 through November 30, 2012. In the event of a storm event prior to the termination date, this Agreement shall extend until all work related to the event is completed. All other provisions of the original agreement remain in effect as written. REMAINDER OF PAGE INTENTIONALLY BLANK ' ifr j ,rfic[('i1C CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA :SS . COUNTY OF e6G1/ `1 : 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 %r jam/ 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 day of .��2//l_ , 20/ Signat6rejoAotary Public 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. "•""����CHNISTINA �SICKHART •••••••� Comm# DD085V95 c Expires 21412013 _= Florida Notary Assn., Inc E`,o� 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. MR��_// ,�WE Peter M.J. • • CMC City Clerk .>-1 _ I%�_ Date Approved as to form and legal sufficiency: Date J'(� tam S. Goren, City Attorney Date ATTEST: ASH ITT INC. Co ny ame �a. orpora a Secreta ate Sig ture of Vice President Type/Print Name of Vice President L�kw,1 ti ;�' (CORPORATE SEAL) Date