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HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-064Temp. Reso. # 11817 May 5, 2010 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2010 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE RENEWAL OF THE AGREEMENTS WITH ASHBRITT, INC. AND DRC EMERGENCY SERVICES, LLC FOR DISASTER DEBRIS REMOVAL SERVICES; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE RENEWALS 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 mergency Services, LLC. via Resolution R-2007-88, dated on June 27, 2007, incorporated herein by reference and on file in the office of the City Clerk; and WHEREAS, Public Works staff determined, on the basis of FEMA requirements and industry standards, to maintain two contracts ensuring adequate availability and capacity of disaster debris removal services; and r Temp. Reso. # 11817 May 5, 2010 Page 2 WHEREAS, the Director of Public Works and Purchasing/Contracts Manager recommend that the City execute renewals 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 renewals 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. SECTION 2: The City Commission of the City of Tamarac approves renewal 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 therepf 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 1 1 1 Temp. Reso. # 11817 May 5, 2010 Page 3 application, and to this end the provisions of this Resolution are declared to be severable. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of 2010. ,iUMARION SWE TCITY RK i I HEREBY CERTIFY that I have approved this RESOLUTION as to form. )wll //10 ,o SAMU S. G CITY ATTORNEY BETH TALABISCO MAYOR Record of COMMISSION VOTE: MAYOR TALABISCO DIST 1: COMM BUSHNELL f DIST 2: COMM ATKINS-GRAD DIST 3: COMM GLASSER DIST 4: VM DRESSLER �—'' Cilr o/ Tamara( Purchasing Division AGREEMENT AMENDMENT #1 BETWEEN THE CITY OF TAMARAC AND ASHBRITT, INC THIS AGREEMENT is made and entered into this �t day of Attv 20LO by and between the City of Tamarac, a municipal cor 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 480 S. Andrews Ave., Suite 103, Pompano Beach, Florida 33069 (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 exercise the first renewal option for the term June 27, 2010 through June 26, 2011. The original Agreement is amended to add Section 2.15 under Article 2 "The Work", which shall read as follows: "2.15 Contractor confirms that Contractor has knowledge of, and is in compliance with the requirements outlined in Federal Highway Administration (FHWA) Form 1273 titled "Standard Federal Aid Provisions", as it pertains to Disaster Debris Removal and Disposal Services performed for the City of Tamarac as a part of this Agreement." All other provisions of the original agreement remain in effect as written. REMAINDER OF PAGE INTENTIONALLY BLANK City o/ 7amarti Part 11,oml� Dlvi on 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. CITY OFT MARAC4,44,�4 Beth Flansbaum-Talabisco, Wayor 9��g" )_� halo Date ATTEST: i�J_effffre�LkAler, City Manager �s avro Marion Swenson, CK4U Date City C10A Date ATTEST: `6rpor6te Secretary/Date Approved ap to form and legal sufficiency: Y/ #N/� SamupKS. Goren, 90PYbiney 'i LK /t Date ASHBRIMANC. Uo �ame Si ature of Vice President Type/Print Name of Vice President (CORPORATE SEAL) Date 0-1oof Tamaroc PurchasingThivision CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY 0FL LY141 a :SS 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 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 x1 '�P0.Y.P�BIi RAW ELYN MILKER �� MY COMMISSION t DD 961225 EXPIRES: June 12,2014 Bonded Thu Budget No" $BtAM �l�rFOF RAW ELYN MBAR * * MY COMMISSION 4 DD 961225 EXPIRES: June 12, 2014 114", c` v"r Bonded Thu Budget Notary Sons day of f�r'J , 201) . -1 Signature of Notary Public State of Florida at Large Print, Type or Stamp Name of Notary Public j Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or D— DID NOT take an oath. "Minarac AGREEMENT AMENDMENT #1 BETWEEN THE CITY OF TAMARAC AND DRC EMERGENCY SERVICES, LLC Division THIS AGREEMENT is made and entered into this day of MM 20L by and between the City of Tamarac, a municipal corpor tion 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 exercise the first renewal option for the term June 27, 2010 through June 26, 2011. The original Agreement is amended to add Section 2.15 under Article 2 "The Work", which shall read as follows: "2.15 Contractor confirms that Contractor has knowledge of, and is in compliance with the requirements outlined in Federal Highway Administration (FHWA) Form 1273 titled "Standard Federal Aid Provisions", as it pertains to Disaster Debris Removal and Disposal Services performed for the City of Tamarac as a part of this Agreement." All other provisions of the original agreement remain in effect as written. REMAINDER OF PAGE INTENTIONALLY BLANK 0tv of Tansarac Oh'ision 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 OFT MARAC(� Beth Fla sbaum-Talabisco, Mayor � Ala Date ATT T: Jeffrey L. Milld, City Manager Madan Swenson, C City Clerk Date ATTEST: Date Approve s to form and legal sufficiency: Y/��_ Samu S. Go en Attorney Date DRC EMERGENCY SERVICES, LLC Company Name NIA � Corporate Secretary/Date Signature of Chief Operating Officer Mark Stafford Type/Print Name of Chief Operating Officer 41 1?-bi O (CORPORATE SEAL) Date City o/ 7arnarac I Purchasing Division CORPORATE ACKNOWLEDGEMENT STATE OF idt"im& 'SS COUNTY OF I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State afore aid and ' th Co ty aforesaid to take acknowledgments, personally appeared �y Y, (�, 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 day of D , 20L Si nature of Notary Public tate of at Large I V. 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 P--OilD NOT take an oath.