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° S"VANY ,tCFfB <br />r � <br />n <br />�i` " <`` AGREEMENT BETWEEN CITY OF SUNNY ISLES BEACH FOR <br />. .. � t <br />�.'••. ' ' EMERGENCY DEBRIS CLEARING AND REMOVAL OPERATIONS <br />°"""' WITH ASHBRITT, INC. CONTRACT NO: C0708 - 099 <br />THIS ERVICE AGREEMENT ( "Agreement") made and entered into this 10 day of <br />�vJE . 2009, by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, a <br />municipal corporation of the State of Florida (hereinafter referred as to 'City "), and ASHBRITT, INC., a <br />Corporation, authorized to do business in the State of Florida (hereinafter referred to as 'Contractor). <br />RECITALS <br />WHEREAS, Contractor has expressed the ability and desire to provide Emergency Debris Cleaning and <br />Removal Operations, subject to the terms and conditions contained herein, and has submitted a proposal to <br />the City as more fully described in Attachment 'K, which is attached hereto and made a part hereof, and <br />WHEREAS, the City's Code provides that any purchase in excess of $25,000.00 requires City Commission <br />approval and compliance with the City's procurement code, which mandates that such purchases must be <br />awarded by competitive Proposing, with certain limited exceptions; and <br />WHEREAS, in response to the City's Request for Proposal No. 08 -07 -01 and Resolution No.2009- NA! the <br />City has qualified and selected AshBritt, Inc. to be the City's Emergency Debris Clearing and Removal <br />Operations contractor. <br />NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, representations and <br />warranties and other good and valuable consideration, the receipt and adequacy of which is hereby <br />acknowledged, the parties agree as follows: <br />1.1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a <br />part hereof for reference. <br />1.2. SERVICES. Contractor shall provide to the City, Emergency Debris Clearing and Removal <br />Operations services as more particularly described in Attachment 'A' attached hereto and made a part <br />hereof. <br />1.3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth <br />hereunder, this Agreement shall be for a term of three (3) years with two (2) options to renew this <br />Agreement for one (1) year each, and shall commence upon execution by both parties. The contract will <br />require an annual re- certification and price adjustment based on 80% of the Consumer Price Index (CPI) for <br />the Greater Miami -Dade County Metropolitan Area. <br />1.4. COMPENSATION. Payment to Contractor for all charges under this Agreement shall be in <br />accordance with this Agreement and the Fee Schedule reflected in this Attachment 'B °. Contractor shall <br />submit invoices on a monthly basis within ten (10) days following the end of each calendar month. City shall <br />pay Contractor only for Services actually performed. The Contractor shall be paid within 30 (thirty) days of <br />receipt of the invoice. The estimated cost for Contractor's services will be determined based on the <br />magnitude of the storm and the initial damage estimate. The City will request reimbursement from federal <br />granting agencies, if applicable. The Contractor shall make no other charges to the City for supplies, labor, <br />taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is <br />incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the <br />00708 -099 Ashbritt Agreen ATTACHMENT "A" Page 1 of 6 <br />