HomeMy WebLinkAboutReso 2017-2697 •
RESOLUTION NO. 2017 - 2-CCA-7
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH,FLORIDA,APPROVING A FIRST 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
AMENDMENT; AUTHORIZING THE CITY MANAGER AND THE CITY
ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,on July 17th,2014 via Resolution No.2014-2271 the City Commission awarded
RFP No. 14-06-02,and authorized the City Manager to negotiate an agreement with Ashbritt,Inc.for
Emergency Debris Clearing and Removal Operations; 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; and
WHEREAS,the City Manager negotiated an agreement for an initial term of three(3)years
with two (2) optional one (1) year renewal terms; and
WHEREAS,the City now wishes to exercise its first option to renew the agreement for one
(1) year pursuant to Section 1.4 of the original agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of First Amendment. The City Commission hereby approves the First
Amendment to the Agreement with Ashbritt, Inc. for Emergency Debris Clearing and Removal
• Operations, attached hereto as Exhibit '`A".
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4. Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 8th •ay of May 2017.
George H. holl, Mayor
R2017-First Amend Renewal w Ashbritt Emerg Debris Removal Page 1 of 2
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*-_Mauricio to ancu , CMC, Acting City Clerk
APPROVED AS TO FORM
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Moved by: COMM. G4'rro
Seconded by: V IC-6 114416e- 66(-1)0I44/(
Vote:
Mayor Scholl ✓(Yes) (No)
Vice Mayor Goldman (Yes) (No)
Commissioner Aelion-AliSeN'f (Yes) (No)
Commissioner Gatto —7(Yes) (No)
Commissioner Svechin ,/(Yes) (No)
R2017-First Amend Renewal w Ashbritt Emerg Debris Removal Page 2 of 2
-SVNN�IlCI
FIRST AMENDMENT TO THE AGREEMENT BETWEEN
•
THE.CITY OF.SUNNY ISLES-BEACH AND ASHBRITT,•INC.
° CONTRACT NO: C4504-1617-054
Cil'O.fUM•0�.
This First Amendment to the Agreement between the CITY OF SUNNY IkSS BEACH
("City")and ASHBRITT,INC., ("Contractor")executed this % day of IY) ,
2017,is made a part of the original Agreement dated August 29, 2014, Contract No!C1314-076
("the Agreement"), between the City and Contractor, whose Federal Identification # is 65-
0364711. The City and Contractor hereby agree as follows:
1. FIRST OPTION TO RENEW. The City hereby elects to exercise its first option to renew
for one (1) year as set forth in Section 1.4 of the Agreement, a copy of which is attached hereto
and incorporated herein as Attachment"A". The term of this First Amendment shall include the
current unexpired term of the original Agreement and shall end one year thereafter,i.e.August 29,
2018. This First Amendment shall become effective upon being signed by both Parties.
2. CPI COST ADJUSTMENT. Pursuant to Section 2.3 of Invitation to Bid.No. 14-06-02,
which is expressly incorporated into the Agreement,the fee schedule for Services rendered during
the term of this First Amendment shall be adjusted according to the most recent Consumer Price
Index for all Urban Consumers,for Miami-Fort Lauderdale("CPI-U")in an amount not to exceed
4%(four percent)for said Services.
3. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein,
all terms and conditions of the original Agreement between the parties dated August 29, 2014,
shall remain in full force and effect.
4. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions
contained in this First Amendment shall prevail and be given superior effect and priority over any
conflicting or inconsistent terms, statements, requirements or provisions contained in any other
document or attachment,including but not limited to Attachment"A".
IN WITNESS WHEREOF,the parties hereto have executed this First Amendment as of
the date mentioned above.
WITNESS: ASHB_' , .:.. .:.
_ .ice :�/L
Snat BY:
-Jo�`t'Noble, COO
Rrint N — —
ATTE Tek -CITY OF NNY I ES BEACH
BY:,_ - . ; 1' _ -'' l - - BY: — — =-
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•Mauiicio Betancur, CMC George ..Scholl,Mayor
Acting City Clerk
} APPRO '' a • 0 WRM AND
e,,,;) `. LEG U' N Y
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Ottinot,City Attorney !_ E
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y,>$NY IsE.r
AGREEMENT BETWEEN THE CITY OF SUNNY ISLES
BEACH AND ASHBRITT, INC.
CONTRACT NO. C 1314-076
THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is
made in duplicate, this 29111 day of August, 2014, by and between the CITY OF SUNNY ISLES
BEACH, Florida, (hereinafter referred to as "City"), and ASHBRITT, INC., a corporation
authorized to do business in the State of Florida (hereinafter referred to as "Contractor") whose
Federal I.D. # is (c-,S 0-3(.4.1a
RECITALS
WHEREAS, in response to the City's RFP No. 14-06-02 and Resolution No. 2014-2271,
Contractor was selected to provide emergency debris clearing and removal operations for the City
("Services"); and
WHEREAS. Contractor has expressed the ability and desire to provide these Services, as
more particularly described in Attachment "A", a copy of which is attached hereto; and
WHEREAS, the total amount to be paid for the Services is on a unit price basis in
accordance with the Revised Fee Schedule Form, which is attached hereto as Attachment "A" and
incorporated by reference as part of this Agreement.
NOW THEREFORE, in consideration of the promises and the mutual covenants herein
name, 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. In addition,the following documents are hereby incorporated
by reference and made part of this Agreement:
Specification and Proposal Documents prepared by the City for Emergency
Debris Clearing and Removal Operations, Sealed Bid No. 14-06-02.
(ii) Response to Sealed Bid No. 14-06-02.,prepared by Contractor, a copy of which is
attached hereto as Attachment "A" and incorporated herein by reference.
All Exhibits are collectively referred to as the "Contract Documents".
1.2. SERVICES. Contractor shall provide the Emergency Debris Clearing and Removal
Operations services pursuant to the terms and conditions_set forth in Sealed Bid No. 14-06-02 and
Attachment"A". Contractor shall perform the Services under the general direction of the City and
shall furnish all labor, materials, supplies, equipment, supervision and services necessary for and
incident to the performance of the Services, except as otherwise noted in the specifications. By
signing this Agreement, the Contractor represents that it thoroughly reviewed the Contract
Documents incorporated into this Agreement and that it accepts the Services and the conditions
under which the Services are to be performed.
1.3. QUALIFICATIONS. Contractor and the individual executing this Agreement on behalf
of the Contractor warrant to the City that the Contractor is a Florida corporation duly constituted
and authorized to do business in the State of Florida, is in good standing and that the Contractor
ATTACHMENT "A"
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
possesses all of the required licenses and certificates of competency required by the State of Florida
and Miami-Dade County to perform the Services herein described.
1.4. TERM. Subject to the provisions relating to the termination of this Agreement as set
forth hereunder,this Agreement shall commence upon execution of this Agreement by both parties
and shall be for an initial term of(3) three years with (2) two optional (1) one year renewal terms.
1.5. COMPENSATION. Contractor acknowledges that this is a contingent services contract
and that no payments will be made or due from the City unless Contractor is specifically engaged
by the City for a specific emergency. All payments to be made hereunder shall be paid in
accordance with the Revised Fee Schedule contained in Contractor's Response to Sealed Bid No.
14-06-02, attached hereto as Attachment "A" and incorporated herein by reference. All invoices
and payments shall be for Services completed pursuant to this Agreement after submission of
invoices to the City. All invoices shall be submitted in accordance with Sealed Bid No. 14-06-02.
The City will pay properly submitted invoices within thirty(30)days of receipt, for completed and
accepted Services, unless the City notifies the Contractor in writing of the dispute, before the
payment is due. The City's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation for its purpose by the City Commission. 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 invoices, it may make payment of the
uncontested amounts and withhold payment on the contested amounts until they are resolved by
agreement with Contractor. There are no reimbursable expenses associated with this Agreement.
1.6. PERFORMANCE BOND. Contractor shall furnish an acceptable performance bond
complying with the statutory requirements set forth in Chapter 255.05, Florida Statutes, in the total
amount of the Services to be performed, upon execution of each task order issued by the City
Manager or his designee. A fully authorized Surety, licensed by the State of Florida, shall execute
the performance bond. The performance bond shall remain in effect for the full duration of
Services covered by each task order issued by the City Manager or his designee.
1.7. 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 the task order; 2) removal of debris
started within 48 hours of receiving the task order; 3) removal of debris must be underway in all
• 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 issuance of each task order by the
City Manager or his designee, 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 the Revised 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.
n.
1 L)
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
1_8. 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. INSURANCE. Contractor shall, at its 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 or employees, as indicated below:
❑ Comprehensive 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 One Million Dollars ($1,000,000) per occurrence. •
❑ Worker's Compensation and employer's liability coverage. as required pursuant to
Florida law.
❑ Business Automobile Liability which shall include coverage for all owned, non •
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owned and hired vehicles for minimum limits of not less than One Million Dollars
($1,000,000) per occurrence.
Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or
self-insurance maintained by the City. Such insurance shall not diminish Contractor's
•
indemnification and obligations hereunder. The insurance policy shall be issued by companies
authorized to do business under the laws of the State of Florida and acceptable to the City with a
minimum A.M. Best rating of A-Excellent. Before any work under this Agreement is performed,
and at any time upon request, Contractor shall furnish to the City certificates of insurance
evidencing the minimum required coverage and shall be appropriately endorsed for contractual
liability. with the City named as 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 Manager or his designee. All insurance policies and certificates
of insurance shall provide that the policies may not be canceled or altered without thirty (30) days
3 r^
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
prior written notice to the City. Contractor shall also require and ensure that each of its sub-
Contractors providing services hereunder (if any) procures and maintains, until the completion of
the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO
THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN
WRITING BY THE CITY.
•
1.11. TERMINATION AND REMEDIES FOR BREACH.
A. 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,and the City shall receive a refund from the Contractor in an amount
equal to the actual cost of a third party to cure such failure. If Contractor fails,
refuses or is unable to perform any term of this Agreement; City shall pay for
services rendered as of the date of termination.
(i.) In the event of termination, all finished and unfinished documents, data and
other work product prepared by Contractor shall be delivered to the City and
the City shall compensate the Contractor for all Services satisfactorily
performed prior to the date of termination.
•
(ii.) Notwithstanding the foregoing, the Contractor shall 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.
B. 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. The terms of Paragraph 1.11 A(i)and
A(ii) above shall be applicable hereunder.
C. 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. GOVERNING LAW AND ATTORNEYS FEES. It is agreed that this Agreement shall
be governed by, construed and enforced in accordance with the laws of the State of Florida. Venue
for any legal proceeding shall be in Miami Dade County, Florida. In the event it becomes
necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and
4 I r.)j
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the
pretrial, trial and appellate levels.
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 from violating such provisions.
1.14. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall
be interpreted and construed in accordance with and governed by the laws of the State of Florida.
All parties agree and accept that jurisdiction of any dispute•or controversy arising out of this
Agreement, and any action involving the enforcement or interpretation of any rights hereunder
shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County,
Florida. and venue for litigation arising out of this Agreement shall be exclusively in such state
courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or
other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to
enforce any term or provision under this Agreement and the City is the prevailing party then the
City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY
ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY
WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to
serve as a waiver of sovereign immunity', or of any other immunity, defense, or privilege en_joyed •
by the City pursuant to Section 768.28, Florida Statutes.
1.15. 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) (i) 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:
If to the City: Christopher J. Russo With a copy to:
City Manager Hans Ottinot
City of Sunny Isles Beach City Attorney
18070 Collins Avenue City of Sunny Isles Beach
Fourth Floor 18070 Collins Avenue
Sunny Isles Beach, Florida 33160 Fourth Floor
Tel: (305) 792-1701 Sunny Isles Beach, Florida 33160
Tel: (305) 792-1702
If to the John Noble. COO
Contractor: Ashbritt, Inc.
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
565 E. Hillsboro Blvd.
Deerfield Beach, FL 33441
Tel: (954) 725-6992
1.16. 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 non-
discrimination 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.
1.17. 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, directly or indirectly
which should conflict in any manner or degree with the performance of Services under this
Agreement. The Contractor further covenants that in the performance of this Agreement, no
person having any such interest shall knowingly be employed by the Contractor. The Contractor
guarantees that he/she has not offered or given to any member of, delegate to the Congress of the
United States, any or part of this contract or to any benefit arising therefrom.
1.18. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted
by law, the Contractor agrees to indemnify and hold-harmless the City, its agents, representatives,
officers, directors, officials and employees from any claims, liabilities, damages. losses and costs,
including, but not limited to, reasonable attorney fees to the extent cause, in whole or in part, by
the professional negligence, error or omission of the Contractor or persons employed or utilized
by the Contractor in performance of Services under this Agreement.
Contractor shall at-all times hereafter indemnify. hold harmless and, at the City's option, defend
or pay for an attorney selected by the City to defend City. its agents, representatives, officers.
directors, officials and employees from and against any and all causes of action, demands, claims,
losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses,
6
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
caused or alleged to be caused by the intentional or negligent act of, or omission of Contractor,
including those of their employees, agents, servants, or officers, or accruing, resulting from, or
directly related to the subject matter of this Agreement including, without limitation, any and all
claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever
resulting from injuries or damages sustained by any person or property. In the event any lawsuit
or other proceeding is brought against City by reason of any such claim,cause of action or demand,
Contractor shall, upon written notice from City. resist and defend such lawsuit or proceeding by
counsel satisfactory to City.
The provisions and obligations of this section shall survive the expiration or earlier termination of
this Agreement. To the extent considered necessary by City, any sum due Contractor under this
Agreement may be retained by City until all of City's claims for indemnification pursuant to this
Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject
to payment of interest by City. The parties agree that One Hundred Dollars (S 100.00) represents
specific consideration to the Contractor for the indemnification set forth in this Agreement.
1.19. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and
ordinances of any federal, state, or local governmental authority having jurisdiction with respect
to this Agreement("Applicable Laws")and shall obtain and maintain any and all material permits,
licenses, approvals and consents necessary for the lawful conduct of the activities contemplated
under this Agreement.
1.20. CONFLICTING PROVISIONS. In the event of a conflict between the Contract
Documents or any ambiguity or missing specifications or instructions contained in this Agreement,
Sealed Bid No. 14-06-02, and Contractor's Response to Sealed Bid No. 14-06-02, the following.
priority is established:
i. This Agreement
ii. The terms and conditions of Sealed Bid No. 14-06-02.
iii. Contractor's Response to Sealed Bid No. 14-06-02, attached hereto as Attachment
"A".
1.21. MISCELLANEOUS.
A. In the event any provision of this Agreement is found to be void and unenforceable
by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless
be binding upon the parties with the same effect as though the void or unenforceable provisions
had been severed and deleted.
B. This Agreement may be executed in multiple identical counterparts, each of which
shall be deemed an original for all purposes.
C. This Agreement shall constitute the entire agreement between the parties with
respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral
and written negotiations, commitments, agreements and understandings relating hereto.
7
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
D. Any modification of this Agreement shall be effective only if in writing and signed
by the parties to this Agreement.
E. No waiver of any provision of this Agreement shall be valid or enforceable unless
such waiver is in writing and signed by the party granting such waiver.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate
on the day and year first written above.
WITNESS: ASHBRITT,INC.
4
i_ ature Signa re of corp.rep.
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rint Na e Print name and title of corp.rep.
ATTEST: CITY OF SUNNY ISLES BEACH
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BY: fi;ygeil-t/
Jane A. ines, MMC,City Clerk N. an S. Edelcup, Mayor
APPROVED AS TO FORM
AND LE A .UFFICIENCY
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171':6 tt i no t City Attorney
8
,S Y 'Sze, City of Sunny Isles Beach
`i .,, 18070 Collins Avenue
l`; i l'`= 22 Sunny Isles Beach, Florida 33160
sF''';Z--7::'-,;;',;.<0`-a sem' (305)947-0606 City Hall
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MEMORANDUM
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo, City Manager
FROM: Robert Williamson, Public Works Superintendent
DATE: 5/18/2017
RE: First Amendment to Agreement with Ashbritt Inc. for
Emergency Debris Removal and Disposal Services
RECOM M ENDAT ION:
Staff is recommending the City Commission approve the attached
resolution.
REASONS:
City Commission approved Resolution Number 2014-2271 on July 17,
2014 and entered into an Agreement with Ashbritt Inc., to provide
emergency debris removal and disposal services in the aftermath of a
storm emergency event or man-made disaster.
Staff is recommending the City Commission approve this First
Amendment to the Agreement with Ashbritt Inc., to renew the
agreement with Ashbritt, Inc. The City has two (2) optional one (1) year
renewal terms.Ashbritt, Inc.
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.
ATTACHMENTS:
Description
26