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HomeMy WebLinkAboutReso 2013-2081RESOLUTION NO. 2013 - 2a A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE SECOND AMENDMENT TO THE AGREEMENT WITH ASHBRITT, INC., FOR EMERGENCY DEBRIS CLEARING AND REMOVAL OPERATIONS, ATTACHED HERETO AS EXHIBIT "A "; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 18, 2008 via Resolution No. 2008 -1323, the City Commission approved an Agreement with Ashbritt, Inc., for Emergency Debris Collection and Removal Operations to the City in response to Request for Proposals (RFP) No. 08- 07 -01; and WHEREAS, on June 21, 2012 via Resolution No. 2012 -1914, the City Commission renewed an Agreement with Ashbritt, Inc. for a period of one (1) year; and WHEREAS, the City now wishes to exercise its option to renew the Agreement for one (1) additional year pursuant to Section 1.3 of the original Agreement; and WHEREAS, the estimated cost for Ashbritt's services will be determined based on the magnitude of the storm and the initial damage estimate, and the City will request reimbursement from Federal granting agencies, if applicable. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The recitals set forth in this Resolution are incorporated herein by reference as if fully set forth herein. Section 2. Approval of Second Amendment. The City Commission hereby approves the Second Amendment to the Agreement with Ashbritt, Inc. for Emergency Debris Collection and Removal Operations, attached hereto as Exhibit "A ". Section 3. Authorization of Maw The Mayor is hereby authorized to execute said Agreement. Section 4. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 5. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 18`l' day of July 2013. R2013- Ashbritt Emerg Debris Removal 2nd Amend Nee I of 2 a' ATTEST:' t - y t CL a Jarie A. Hines, CHIC, City Clerk f.. APPROVED AS TO FORM AND LEG.An SUFFICIENCY: ty Attorney Vote: S —b Mayor Edelcup _AZ (Yes) Vice Mayor Aelion I/ (Yes) Commissioner Gatto V(Yes) Commissioner Levin Yes) Commissioner Scholl Yes) R2013- Ashbritt Emerg Debris Removal 2nd Amend Page 2 of 2 S. Edelcup, NYayor Moved by: �s_aJ�aua, L10 iJ Seconded by: �-- (No) (No) (No) (No) (No) - SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND ASHBRnT INC CONTRACT NO. C1213 -039 THIS SECOND AMENDMENT to the Ageement between the City of Sunny Isles Beach and ASHBRITT, INC., executed this _18 day of July, 2013, is made part of the original Agreement, approved by Resolution No. 2008 -1323 between the parties, dated June 18, 2009, attached hereto as Attachment "A" between the City of Sunny Isles Beach ( "City") and ASHBRITT, INC., a Florida corporation authorized to do business in the State of Florida, (hereinafter referred to as "Contractor "). The City and Contractor (hereinafter collectively referred to as "the Parties ") hereby agree as follows: 1. OPTION TO RENEWAL: The City hereby exercises its option to renew the Agreement for one (t) year in accordance with Section 1.3 of the original Agreement, as more particularly described in Attachment "A ", which is attached hereto and incorporated herein by reference. 2. OTHER PROVISIONS REMAIN IN EFFECT: Except as specifically modified herein, all terms and conditions of the original Agreement between the parties, dated June 18, 2009, shall remain in frill force and effect. IN WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned above. 10-0m wu–�Mmmwjz v . Print Nafne ASHBRITT, U1 CITY OF SUNNY ISLES BEACH JIB W79 A✓ °® CERTIFICATE OF LIABILITY INSURANCE °" ea �°,3" 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 ALTER THE COVERAGE AFFORDED BY THE 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: H 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 polity, 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 NN"E; Susan Casey Commercial Lines - (561) 655 -5500 PHONE 561 55 -5500 F^X N .561-655 -5509 ADOR susan.ceseyl@welisfargo.com Wells Fargo Insurance Services USA, Inc. WSURERS AFFORDWG COVERAGE NNCS 2054 Vista Parkway, Suite 400 West Palm Beach, FL 33411 WSURER A: Star Surplus Lines Ins. Co. 13604 WsuRED WSURER a: Star Indemnity and Liability Company 38318 AshBritt, Inc. WSURER C: Federal Insurance Company 20281 WSURER o: 565 East Hillsboro Blvd. WSURER E: ^ OCCUR CLAIJ MADE � WSURER F: I Deerfield Beach, FL 33441 COVERAGES CERTIFICATE NUMBER: 6423488 REVISION NUMBER: See below 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. WSR LTR TypE OF WSIIRANCE DDRI POLICY NUYBEA MP�DYEFF PYEXP LOUTS A GENERAL LMSILITY X X SLSLEIL72032213 5/22!2013 5/2212014 MmocO CURRENCE $ 1.000,000 PREMISES En aminenra f 100.000 X COMMERCIAL GENERAL LMBILRY ^ OCCUR CLAIJ MADE � MED EXP ( ale petal) f 10,000 PERSONAL a ADV INRIRY $ l,000.000 X X Bla,kat Waiverd $Ub09MW1 GENERAL AGGREGATE f 2.000.000 GENL AGGRE�GGA�TTE APIPL�IEIS PER: PRODUCTS - COMPIOP AGG S 2.000.000 POLICY I A I PRP I LOC ; Prof®vW d PM Loci I S 1.000000 B AUTOYO6LE UABRJTY X X SISIPCA08263213 522/2013 5/22/2014 �'1B1N,gy„nEDSWGLE LUArt I 1,Om,0oo BODILY (Par parson) S x ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS n BODLY WJIIRY (PeramOenl) S PROPERTY DAMAGE Per emeeel $ NON -OMED x HIRED AUt05 X AUTOS s SW WOS by mXaa x Blkt Add1 Insr x BIM WOS b c A uYBRELLA LIAR x OccuR X X SLSLXNV73D23813 5/222013 5 222014 EACH OCCURRENCE s 10.000.000 X AGGREGATE S 10.000.000 EXCESS LNB CWMSMADE X 'ED I RETENTIONS 0 f C WORKERS COMPENSATION AND EMPLOYERS' LUJUL TY YIN OFFILERlMEMBER EXCLUDED? ECUTNE I (MansCaWy In Ntq NIA X 004472753900 51222013 52212014 % YIC STATLL OTH' E.L. EACH ACCIDENT f 1.000.000 E.L. DISEASE - EA EMPLOYE f 1.000,000 If DESCRIPTION OF OPERATIONS bebw E.L. DISEASE - POLICY LIMB I S I.M.OX) C Rented/Leased/Borrowed 06639855ECE 5.22- 2013 5-22 -2014 swa.fou DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Arun ACORD 101, AEENbnsl Remarks Sc W, U m sped b r u4W) GENERAL LIABILITY - Comprehensive Commercial General Liability including Pollution and Professional Liability. Coverage is Primary & Non - Contributory, and includes Blanket Additional Insured including products and Completed operations per policy forms CG 2010 (04 -13) & CG 20 33 (04 -13). Blanket Waiver of Subrooation endorsements per policy form SL023 (06 -11). AUTO: Includes Blanket Additional Insured per policy form SICAl020 (03 -12) and Waiver of Subrogation when required by written contract per policy forth CA9948 (03-06). EXCESS LIABILITY: Follow -Form Over Commercial General Liability, Pollution Liability and Professional Liability, Auto Liability and Workers Compensation policies. EQUIPMENT FLOATER: $500,000 policy limit for rented, leased, or borrowed equipment. The City of Sunny Isles Beach 18070 Collins Ave Sunny Isles Beach, FL 33160 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUT11ORG:ED REPRESENTATIVE 9/ The ACORD name and "o are registered marks of ACORD 0 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) CID: 36479 SID:6423488 Additional Remarks Schedule (Continued from Page 1) 30 Day Notice of Cancellation except 10 Day Notice of Cancellation applies in the event of non - payment of premium. ° S"VANY ,tCFfB r � n �i` " <`` AGREEMENT BETWEEN CITY OF SUNNY ISLES BEACH FOR . .. � t �.'••. ' ' EMERGENCY DEBRIS CLEARING AND REMOVAL OPERATIONS °"""' WITH ASHBRITT, INC. CONTRACT NO: C0708 - 099 THIS ERVICE AGREEMENT ( "Agreement") made and entered into this 10 day of �vJE . 2009, by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal corporation of the State of Florida (hereinafter referred as to 'City "), and ASHBRITT, INC., a Corporation, authorized to do business in the State of Florida (hereinafter referred to as 'Contractor). RECITALS WHEREAS, Contractor has expressed the ability and desire to provide Emergency Debris Cleaning and Removal Operations, subject to the terms and conditions contained herein, and has submitted a proposal to the City as more fully described in Attachment 'K, which is attached hereto and made a part hereof, and WHEREAS, the City's Code provides that any purchase in excess of $25,000.00 requires City Commission approval and compliance with the City's procurement code, which mandates that such purchases must be awarded by competitive Proposing, with certain limited exceptions; and WHEREAS, in response to the City's Request for Proposal No. 08 -07 -01 and Resolution No.2009- NA! the City has qualified and selected AshBritt, Inc. to be the City's Emergency Debris Clearing and Removal Operations contractor. NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, representations and warranties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1.1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 1.2. SERVICES. Contractor shall provide to the City, Emergency Debris Clearing and Removal Operations services as more particularly described in Attachment 'A' attached hereto and made a part hereof. 1.3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder, this Agreement shall be for a term of three (3) years with two (2) options to renew this Agreement for one (1) year each, and shall commence upon execution by both parties. The contract will require an annual re- certification and price adjustment based on 80% of the Consumer Price Index (CPI) for the Greater Miami -Dade County Metropolitan Area. 1.4. COMPENSATION. Payment to Contractor for all charges under this Agreement shall be in accordance with this Agreement and the Fee Schedule reflected in this Attachment 'B °. Contractor shall submit invoices on a monthly basis within ten (10) days following the end of each calendar month. City shall pay Contractor only for Services actually performed. The Contractor shall be paid within 30 (thirty) days of receipt of the invoice. The estimated cost for Contractor's services will be determined based on the magnitude of the storm and the initial damage estimate. The City will request reimbursement from federal granting agencies, if applicable. The Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the 00708 -099 Ashbritt Agreen ATTACHMENT "A" Page 1 of 6 invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. 1.5. PERFORMANCE BOND. All Parties agree that time is of the essence. The Contractor shall furnish a performance bond executed by a surety company duly authorized to do business in the State of Florida, which shall be countersigned by an agent for the company who is a resident of the State, as security for the payment of persons performing labor and furnishing materials in connection with this Agreement. The performance bond shall be made payable to the City of Sunny Isles Beach in the amount of $500,000.00 (five hundred thousand dollars) ensuring the Contractor's faithful performance of its obligations under this Agreement and as security for the payment of persons performing labor and furnishing materials in connection with this Agreement. The Contractor shall obtain a performance bond from a surety company licensed by the State of Florida and listed in the current Department of the Treasury Circular 570. The surety shall have a minimum rating classification of °B +° as evaluated in the current AM. Best's key Rating Guide. All Parties agree that the City shall pay the annual performance bond premium cost and that in the event of debris cleaning and removal services rendered by Contractor under this Agreement, the Contractor shall reimburse the City for all bond premiums paid to date. 1.6 TIME IS OF THE ESSENCE. All parties agree that time is of the essence. The Contractor must provide sufficient equipment and labor, based on the magnitude of the storm and information from damage assessments, necessary to meet the City's timelines as follows: 1) clearing of primary rights -of -way within 24 hours of receiving Notice to Proceed; 2) removal of debris started within 48 hours of receiving Notice to Proceed; 3) removal of debris -must be underway in all three zones within 72 hours; and 4) all debris removal operations must be completed within 30 days. Failure to provide the specified equipment, labor and materials, and to initiate the work staffed and equipped in accordance with the equipment schedules at 50% capacity within the first 24 hours, and 100% capacity within the first 48 hours following Notice to Proceed, shall result in the City making a claim against the Contractor's Performance Bond in the amount of the cost per hour of each crew as defined in Part B of the Fee Schedule Form for each hour exceeding the 24 hour cutoff where the Contractor is failing to operate, or is operating at less than the response levels specified herein. Contractor shall not be liable for unavoidable delays beyond their reasonable control. 1.7. AVAILABILITY OF FUNDS. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission, I.S. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 1.9. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the Contractor pursuant to this Agreement and related Services to this Agreement are intended and represented for the ownership of the City only. Any other use by Contractor or other parties shall be approved in writing by the City. If requested, Contractor shall deliver the documents to the City within fifteen (15) calendar days. 1.10. INDEMNIFICATION. Contractor agrees to indemnify and hold harmless, the City, its officers, agents, and employees from, and against, any and all claims, actions, liabilities, losses and expenses C0708 -099 Ashbritt Agreement Page 2 of 6 '� t4 including, but not limited to, attorney's fees for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or may be alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct of the Contractor, agents or other personal entity acting under Contractor's control in connection with the Contractor's performance of Services pursuant to that Agreement and to that extent the Contractor shall pay such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses including wrongful termination or allegations of discrimination or harassment, and shall pay all costs and attorneys' fees expended by the City in defense of such claims and losses including appeals. The parties agree that ten percent (10 %) of the total compensation is a specific consideration from the City to the Contractor for this indemnity. Contractor shall, at its own sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, Contractor's or employees, as more particularly set forth below: General liability insurance, including broad form contractual liability coverage for all operations, including but not limited to, contractual, products, and completed operations, personal injury and property damage liability with minimum limits of Five Million Dollars ($5,000,000) combined single limit occurrence. Worker's compensation insurance at the statutory amount to apply for all employees in compliance with the "Workers' Compensation Lave of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include: Employers' Liability at the statutory coverage amount. The Contractor shall further insure that all of its Sub- Contractors maintain appropriate levels of worker's compensation insurance. Business Automobile Liability which shall include coverage for all owned, non -owned and hired vehicles for minimum limits of not less than One Million Dollars ($1,000,000) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Such insurance shall not diminish Contractor's indemnification obligations hereunder. The insurance policy shall be issued by such company, in such forms and with such limits of liability and deductibles as are acceptable to the City and shall be endorsed to be primary over any insurance, which the City may maintain. Prior to the execution of this Agreement, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and appropriately endorsed for contractual liability with the City named as an additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City's Risk Management Department. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) calendar days prior to written notice to the City's Risk Management Department. The City reserves the right from time to time to change the insurance coverage and limits of liability required to be maintained by Contractor hereunder. 1.11. TERMINATION. If, through any cause within reasonable control, the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the Agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this Agreement. In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor (and sub Contractor(s)) shall be delivered to the City and the City shall compensate the Contractor for all Services satisfactorily performed prior to the date of termination, as provided in Paragraph 1.4 herein. Notwithstanding the foregoing, the Contractor shall 00708 -099 Ashbritt Agreement Page 3 of 6 ZS I u not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold payment to Contractor for the purposes of set -off until such time as the exact amount of damages due the City from the Contractor is determined. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Contractor ten (10) days written notice. Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 1.12. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami -Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non - prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attomeys' fees as may be determined by the court on confirmation. 1.13. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period of ten (10) years subsequent to that date upon which the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Contractor under this Agreement, any information which the City designates in writing as 'confidential," As a violation by the Contractor of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Contractor in a court of equity for violating such provisions. 1.14. NOTICES: All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (1) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: to City Manager City of Sunny Isles Beach 18070 Collins Ave. Sunny Isles Beach, Florida 33160 Ph: 305 -792 -1701 00708 -099 Ashbritt Agreement With a copy to: Hans Ottinot City Attorney City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Ph: 305 -792 -1702 Page 4 of 6 If to the Contractor: Chief Operating Officer AshBritt, Inc. 480 S. Andrews Ave. Suite 103 Pompano Beach, Florida 33069 Ph: 954545 -3535 With a Copy to: Ralph Dahlgren Managing Vice President AshBritt, Inc. 480 S. Andrews Ave. Suite 103 Pompano Beach, Florida 33069 Ph: 954545 -3535 1.15. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue shall be in Miami -Dade County, Florida. 1.16. AUDIT. The Contractor shall make available to the City or its representative all required financial records associated with the Agreement for a period of three (3) years. 1.17. NON - DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Contractor will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause. The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 1.18. FEDERAL AID CONTRACTING REQUIREMENTS. The Contractor agrees to comply with the terms and conditions of Federal Highway Administration form 1273 which is incorporated into this Agreement 1.19. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the Miami - Dade County Conflict of Interest Ordinance Section 2 -11.1, as amended and by the City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance of the Services. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Contractor. No member of, or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising there from. C0708 -099 Ashbritt Agreement Page 5 of 6 a _ _ ,..?'_£ti._ _ ...5.: :S',::T�.i:.�., -s ' - cw�iA.rY -2`Yx. ..�.. -n.: ,. b �� _ `.mti:..,� .:sxj 120. CONFLICTING PROVISIONS. The terms and conditions in this Agreement supersede any other conflicting provisions that are contained in any other document. 121. ENTIRE AGREEMENT. This Agreement and the Contract Documents as defined in Section 4 of the RFP Specifications, contain the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by a writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescission is sought. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in double on the day and year first written above. WITNESSES: Print Name WITNESSES: Print Name ATTEST: BY: / Mmw Nor an S. Edelcup, Mayor BY: Jane A..Hines, -CMC, City Clerk C0708 -099 Ashbritt Agreement APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY XA Hans Ottinot, City Attorney Page 6 of 6Z *'P 9 � • F L 60 S S4, Carr Of City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305) 949 -3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Bill Evans, Assistant City Manager DATE: 7/18/2013 RE:. Agreement with Ashbritt, Inc. for Emergency Debris Clearing and Removal Operations RECOMMENDATION: We recommend that the City Commission approve the one year renewal of the existing Ashbritt Inc. Agreement. REASONS: We currently have an agreement with Ashbritt to provide debris clearing and removal services in the aftermath of a hurricane or similar event that produces an amount of debris .beyond our local capacity to handle. The agreement contains two one year renewal options. The contract price has an annual CPI escalation clause. We would be exercising the second of these options under these terms. FUNDING SOURCE: In the event of disaster, funding will be available from the City's emergency reserve. Subsequently, a budget amendment will be put forth to the Commission to ensure legal budgetary compliance. In addition, the City will seek reimbursement from the Federal (75 %) and State (12.5 %) level. The City's share of cost after reimbursements is 12.5 %. ATTACHMENTS: • Resolution • 2nd Amendment to Agreement Ashbritt Agenda Item No. IOC Date 7/18/2013 53