HomeMy WebLinkAboutR-2002-047 • RESOLUTION NO. 2002-047
A RESOLUTION OF THE CITY OF DANIA BEACH,. FLORIDA,
APPROVING AN AGREEMENT BETWEEN ASHBRITT, INC. ,
A FLORIDA CORPORATION, AND THE CITY OF DANIA
BEACH FOR DISASTER RECOVERY SERVICES;
PROVIDING FOR A THREE-YEAR TERM OF THE
AGREEMENT, PROVIDED, HOWEVER, THE CONTINUATION
OF THIS AGREEMENT BEYOND THE END OF ANY FISCAL
YEAR SHALL BE SUBJECT TO THE AVAILABILITY OF
FUNDS FROM THE CITY IN ACCORDANCE WITH CHAPTER
129, FLORIDA STATUTES; PROVIDING FOR THE
EXECUTION OF SAID AGREEMENT, PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA;
Section 1. That the Agreement between Ashbritt, Inc., a Florida Corporation and
the City of Dania Beach, for Disaster Recovery Services, in substantial form as Exhibit
"I" attached, is approved and the appropriate city officials are authorized to execute it.
Section 2. That the Agreement shall be for a term of three (3) years, provided,
however, the continuation of this agreement beyond the end of any fiscal year shall be
subject to the availability of funds from the City in accordance with Chapter 129, Florida
Statutes.
Section 3. That the City Manager and City Attorney are authorized to make
minor revisions to such Agreement as are deemed necessary and proper for the best
interests of the City..
Section 4. That all resolutions or parts of resolutions in conflict with this
resolution are repealed to the extent of such conflict.
1 RESOLUTION NO. 2002-047
Section 5. That this resolution shall be in force and take effect immediately upon
its passage and adoption.
PASSED AND ADOPTED this 23rd day of April, 2002.
*ORT
CHUNN, JR.
MMISSION ER
ATTEST: ROLL CALL:
COMMISSIONER BERTINO - YES
1„ COMMISSIONER MCELYEA - YES
CHA LENE JOHN,SON COMMISSIONER MIKES - YES
CITY CLERK VICE-MAYOR FLURY - YES
MAYOR CHUNN - YES
APPROVED AS T FORM AND CORRECTNESS:
BY: - A
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TH M�S y. AWSBRO
CITY ATTORNEY
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2 RESOLUTION NO. 2002-047
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DATE: March 18, 2002
TO: Ivan Pato - City Manager
FROM: Leo Williams - Util/PW Supt. LW
RE: Hurricane Preparation
Every year there is always the chance of a major storm hitting our
area causing damage of an unforeseen magnitude. To lessen our
vulnerabilities to recover and aid us in the quickest and most
® efficient matter to be able to aid and serve our community I have
been working on a disaster recovery contract that is basically
"'Turnkey" in the sense that the company would come in and clean
up, supply equipment, generators and anything else we may need to
recover and continue functioning. We can piggyback off of an
existing contract that the Ashbritt, Inc. firm has with Broward
County to do all this for us at no cost to retain them. We just have to
sign a contract and they will guarantee to be there if we need them.
They will also, at no cost to us, provide training and set up a system
to prepare us in case of a disaster. They mare their money in the
event they are needed and then help us with all the FEMA
requirements to assure we are in compliance and can recover our
costs. To have such a system in place will assure that we will be
prepared and able to function in case of a disaster and to quickly aid
and serve our residents and business community. I am supplying a
copy of the Broward County contract for our attorney's review and
• then would request approval by our Commission at the earliest date
possible to assure us we are prepared.
AGREEMENT
BETWEEN
CITY OF DANIA BEACH
AND
ASHBRITT, INC.
FOR
DISASTER RECOVERY SERVICES
WHEREAS, City of Dania Beach, a coastal City of the State of Florida, may experience destruction of life
and property because of hurricanes, floods,tornadoes, and other weather events as well as other natural or
technological disasters; and
WHEREAS,governing bodies of political subdivisions of the State of Florida need to provide for disaster
recovery technical and support assistance; and
WHEREAS, although City of Dania Beach has personnel, equipment,and price agreements in place to
manage disaster recovery for most emergency situations, a major catastrophe may overwhelm local
capabilities to the point that outside assistance will be required;and
WHEREAS, during a state or local state of emergency the City Administrator may deem it necessary to
issue notices to proceed with certain disaster services,Now, Therefore,
This is an Agreement,made and entered into by and between: City of Dania Beach,a political subdivision
of the State of Florida, herein after referred to as "City",
And
Ashbritt, Inc, a Florida Corporation,hereinafter referred to as "Ashbritt".
In Consideration of the mutual terms, conditions,promises, covenants, and payments hereinafter set forth,
City and Ashbritt agree as follows:
ARTICLE 1
DEFINITIONS AND IDENTIFICATIONS
1.1 Agreement- means this document,articles 1 through 9, inclusive. Other terms and conditions are
included in the exhibits and documents that are expressly incorporated by reference.
1.2 Board- The City of Dania Beach City Commission.
1.3 Contract Administrator-The City of Dania Beach Administrator or the designee of such City
Administrator. The primary responsibilities of the Contract Administrator are to coordinate and
communicate with Ashbritt and to manage and supervise execution and completion of the Scope
of Services and the terms and conditions of this agreement, as set forth herein. In the
administration of this Agreement,as contrasted with the matters of policy, all parties may rely on
instructions or determinations made by the Contract Administrator;provided,however,that such
instructions and determinations do not change the scope of Services.
1.4 City Attorney- The chief legal counsel for City who directs and supervises the office of the City
Attorney pursuant to Section 4.03 of the City of Dania Beach Charter.
® 1.5 Project- The Project consists of the services described in Article 2.
ARTICLE 2
SCOPE OF SERVICES
2.1 Ashbritt shall perform all work identified in this agreement and"Exhibit A" and "Exhibit D". The
parties agree that the scope of services is a description of Ashbritt's obligations and responsibilities
and is deemed to include preliminary consideration and prerequisites, and all labor,materials,
equipment, and tasks which are such an inseparable part of the work described that exclusion
would render performance by Ashbritt impractical, illogical, or unconscionable. This agreement
does not establish exclusive rights on the part of Ashbritt and the City may at its option retain
additional contractors to assist in disaster recovery efforts.
2.2 Ashbritt acknowledges and agrees that the Contract Administrator has no authority to make
changes that would increase, decrease, or otherwise modify the scope of services to be provided
under this agreement.
2.3 All work will be described by a work authorization form that will be signed by the contract
administrator and shall describe the extent and limits of each task. No work shall be compensated
that is not in accordance with an approved work authorization. The prescribed work authorization
form is attached as "Exhibit E".
ARTICLE 3
TERM AND TIME OF PERFORMANCE
3.1 The term of this agreement shall be for three(3)years and begin on the date it is fully executed by
both parties and shall end on December 31,2004; provided, however, the continuation of this
agreement beyond the end of any fiscal year shall be subject to the availability of funds from the
City in accordance with Chapter 129, Florida Statues.
3.2 Time shall be deemed of the essence in performing the duties, obligations,and responsibilities
required by this Agreement.
ARTICLE 4
COMPENSATION
4.1 City agrees to pay Ashbritt, in the manner specified in Section 4.2, for work actually performed
and completed pursuant to this agreement and as detailed in an approved work authorization,
which amount shall be accepted by Ashbritt as full compensation for all such work. It is
acknowledged and agreed by Ashbritt that this amount is the maximum payable and constitutes a
limitation upon City's obligation to compensate Ashbritt for its services related to this agreement.
This maximum amount,however, does not constitute a limitation, of any sort, upon Ashbritt's
obligation to perform all items of work required by or which can be reasonably inferred from the
Scope of Services. Ashbritt is only eligible for compensation for specifically approved and
successfully completed work authorizations. No amount shall be paid to Ashbritt to reimburse its
expenses. Work authorization costs connected to Exhibits "A" and "D" shall be payable based on
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a standard of reasonableness, but in no circumstance shall City be liable to Ashbritt for costs that
exceed reasonable costs as determined by the Federal Emergency Management Agency(FEMA).
Ashbritt shall reimburse costs paid by City to Ashbritt at rates that are determined by FEMA as
not reasonable to City.
4.2 Method of Billing and Payment
4.2.1 Ashbritt may submit invoices for compensation no more often than on a monthly basis,
but only after the services for which the.invoices are submitted have been completed. An
original invoice plus one copy are due within fifteen(15)days of the end of the month
except the final invoice which must be received no later than sixty(60)days after this
agreement expires. Invoices shall reference the specific work authorization and approval
date and designate the nature of the services performed and/or the expenses incurred.
4.2.2 Ashbritt hereby waves all rights to make claims for prompt payment that Ashbritt may
accrue pursuant to the "City of Dania Beach Prompt Payment Ordinance"(City of Dania
Beach ordinance No. 89-49, as may be amended from time to time)and general statutory
laws relating to prompt payment or both.
4.3 Notwithstanding any provision of this Agreement to the contrary, City may withhold, in whole or
in part, payment to the extent necessary to protect itself from loss on account of inadequate or
defective work which has not been remedied or resolved in a manner satisfactory to Contract
Administrator The amount withheld shall not be subject to payment of interest by the City.
4.4 Payment shall be made to Ashbritt at:
Ashbritt, Inc.
1280 SW 36`h Ave.
Suite 102
. Pompano Beach, F133069
ARTICLE 5
CHANGES IN SCOPE OF SERVICES
5.1 Any change in Scope of Services must be accompanied by a written amendment, executed by
the parties in accordance with Section 9.18 below.
ARTICLE 6
INDEMNIFICATION
6.1 Ashbritt shall at all times hereafter indemnify,hold harmless and,at City Attorney's option,
defend or pay for an attorney selected by the City Attorney to defend City, its officers, agents,
servant, and employees against any and all claims, losses, liabilities, and expenditures of any
kind, including attorney fees, court costs,and expenses, caused by negligent act or omission
of Ashbritt, its employees,agents, servants, or officers, or accruing, resulting from, or related
to the subject matter of this Agreement including,without limitation,any and all claims,
demands, or causes of action of any nature whatsoever resulting from injuries or damages
sustained by any person or property. The provisions of this section shall survive the expiration
or earlier termination of this Agreement. To the extent considered necessary by Contract
Administrator and City Attorney, any sums due Ashbritt under this agreement may be
retained by the 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 the City.
ARTICLE 7
INSURANCE
7.1 In order to insure the indemnification obligation contained above, Ashbritt shall, as a
minimum,provide,pay for, and maintain in force at all times during the term of this
agreement(unless otherwise provided),the insurance coverage as set forth in Sections 7.3,
7.4, and 7.5, in accordance with the terms and conditions required by this article. Each
Insurance policy shall clearly identify the foregoing indemnification as insured.
7.2 Such policy or policies shall be without any deductible amount and shall be issued by
approved companies authorized to do business in the State of Florida, and having agents upon
whom service of process may be made in City of Dania Beach, Florida. Ashbritt shall
specifically protect City and the City of Dania Beach City Commission by naming City and
the City of Dania Beach as additional insured under the Comprehensive General Liability
policy only.
7.3 Comprehensive General Liability insurance. A Comprehensive General Liability insurance
Policy shall be provided which shall contain minimum limits of Five Hundred Thousand
Dollars ($500,000.00)per occurrence combined single limit for bodily injury liability and
property damage liability. Coverage must be afforded on a form no more restrictive than the
latest edition of Comprehensive General Liability Policy, without restrictive endorsements, as
filed by the Insurance Services Office and must include:
Premises and/or operations
Independent Contractors
Products and/or Completed Operations for contracts
• Broad Form Contractual Coverage applicable to this specific Contract. including any hold
harmless and/or indemnification agreement.
Personal Injury coverage with Employee and Contractual Exclusions removed, with
minimum limits of coverage equal to those required for bodily injure liability and
Property damage liability.
7.4 Business Automobile Liability. Business Automobile liability with minimum limits of
Three Hundred Thousand Dollars($300,000.00)per occurrence combined single limit for
bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form
no more restrictive than the latest edition of Business Automobile Liability Policy, without
restrictive endorsements, as filed by the Insurance Services Office and must include:
Owned Vehicles
Hired and Non-owned Vehicles
Employers'Non-Ownership
7.5 Worker's Compensation Insurance. Worker's compensation Insurance to apply for all
employees in compliance with the "Workers'Compensation Law" of the State of Florida and
all applicable federal laws. In addition,the policy(ies)must include:
Employers' Liability with a limit of One Hundred Thousand Dollars ($100,000.00)each
accident.
If any operations are to be undertaken on or about navigable waters, coverage
must be included for the US Longshoremen & Harbor Workers Act and Jones
Act.
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7.6 Ashbritt shall furnish to the Contract Administrator Certificates of Insurance or endorsements
evidencing the insurance coverage specified by this Article prior to beginning performance of
work under this agreement.
7.7 Coverage is not to cease and is to remain in force(subject to cancellation notice)until all
performance required of Ashbritt is completed. All policies must be endorsed to provide City
with at least thirty(30)days notice of cancellation and/or restriction. If any of the insurance
coverage will expire prior to the completion of work, copies of renewal policies shall be
furnished at least thirty(30)days prior to the date of their expiration.
ARTICLE 8
TERMINATION
8.1 This agreement may be terminated for cause by action of the City of Dania Beach or by
Ashbritt if the party in breach has not corrected the breach within ten(10 calendar days after
written notice from the aggrieved party identifying the breach,or for convenience by action of
City of Dania Beach upon not less than sixty(60)calendar days'written notice by Contract
Administrator. This Agreement may also be terminated by contract Administrator upon such
notice, as Contract Administrator deems appropriate under the circumstances in the event
Contract Administrator determines that termination is necessary to protect the public health,
safety, or welfare. Failure to perform in accordance with a work authorization may, at the
City's option,result in immediate termination of this agreement for cause.
8.2 Termination of this agreement for cause shall include, but not be limited to, failure to suitably
perform the work, failure to continuously perform the work in a manner calculated to meet or
accomplish the objectives of City as set forth in this agreement and detailed in an approved
work authorization, or multiple breach of the provisions of this Agreement not withstanding
whether any such breach was previously waived or cured.
8.3 Notice of termination shall be provided in accordance with the "Notices" section of this
agreement except that notice of termination by Contract Administrator which Contract
Administrator deems necessary to protect the public health, safety, or welfare may be verbal
notice which shall be promptly confirmed in writing in accordance with the "Notices" section
of this agreement.
8.4 In the event this agreement is terminated for convenience,Ashbritt shall be paid for any
services performed to date the Agreement is terminated;however,upon being notified of
City's election to terminate,Ashbritt shall refrain from performing further services or
incurring additional expenses under the terms of this agreement. Ashbritt acknowledges and
agrees that one hundred dollars($100.00)of the compensation to be paid by City, the
adequacy of which is hereby acknowledged by Ashbritt, is given as specific consideration to
Ashbritt for City's right to terminate this agreement for convenience.
8.5 In the event this agreement is terminated, any compensation payable by the City shall be
withheld until all documents are provided to City pursuant to Section 9.1 of Article 9.
ARTICLE 9
MISCELLANEOUS
9.1 Ownership of Documents-Any and all reports, photographs, surveys and other data and
documents provided or created in connection with this agreement are and shall remain the
property of City. In the event of termination of this agreement, any reports, photographs,
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surveys, and other data and documents prepared by Ashbritt, whether finished or unfinished,
shall become the property of City and shall be delivered by Ashbritt to the Contract
Administrator within seven (7)days of termination of this agreement by either party. Any
compensation due to Ashbritt shall be withheld until all documents are received as provided
herein.
9.2 Audit Right and Retention of Records-City shall have the assignable right(to FEMA, for
example)to audit the books,records, and accounts of Ashbritt that are related to this project.
Ashbritt shall keep such books, records,and accounts as may be necessary in order to record
- complete and correct entries related to the project
Ashbritt shall preserve and make available, at reasonable times for examination and audit by
City, all financial records, supporting documents,statistical records, and any other documents
pertinent to this Agreement for the required retention period of the Florida Public Records Act
(chapter 119, Fla. Stat.), if applicable, or if the Florida Public Records Act is not applicable,
for a minimum period of three years after termination of this agreement. If any audit has been
initiated and audit findings have not been resolved at the end of the retention period or three
years, whichever is longer,the books,records, and accounts shall be retained until resolution
of the audit findings. If the Florida Public Records Act is determined by City to be applicable
to Ashbritt's records,Ashbritt shall comply with all requirements thereof;however, no
confidentiality or non-disclosure requirement of either federal or state law shall be violated by
Ashbritt. Any incomplete or incorrect entry in such books,records, and accounts shall be a
basis for City's disallowance and recovery of any payment upon such entry.
9.3 Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities
Act- Ashbritt shall not unlawfully discriminate against any person in its operations and
activities or in its use or expenditure of funds in fulfilling its obligations under this agreement.
Ashbritt shall affirmatively comply with all applicable provisions of the Americans with
disabilities Act(ADA) in the course of providing any services funded by the City, including
Titles I and II of the ADA(regarding nondiscrimination on the basis of disability), and all
applicable regulations, guidelines and standards. In addition, Ashbritt shall take affirmative
steps to ensure nondiscrimination in employment against disabled persons. Such actions shall
include, but not be limited to,the following: employment, upgrading,demotion, transfer,
recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of
compensation,terms and conditions of employment, training(including apprenticeship), and
accessibility.
Ashbritt's decisions regarding the delivery of services under this agreement shall be made
without regard to or consideration of race, age, religion, color, gender,sexual orientation
(City of Dania Beach Code, Chapter 16 1/2), national origin, marital status, physical or mental
disability, political affiliation, or any other factor which cannot be lawfully used as a basis for
service delivery.
Ashbritt shall not engage in or commit any discriminatory practice in violation of the City of
Dania Beach Human Rights Act(City of Dania Beach Code, Chapter 16 1/2) in performing
any services pursuant to this agreement.
9.4 Public Entity Crime-Ashbritt represents that the execution of this agreement will not
violate the Public Entity Crime Act(Section 287.133, Florida Statues), which essentially
provides that a person or affiliate who is a contractor, consultant or other provider and who
has been placed on the convicted vendor list following a conviction for a Public Entity Crime
may not submit a bid on a contract to provide any goods or services to City, may not submit a
bid on a contract with City for the construction or repair of a public building or public work,
may not submit bids on leases of real property to City, may not be awarded or perform work
as a contractor, supplier, subcontractor, or consultant under a contract with City, and may not
transact any business with City in excess of the threshold amount provided in Section
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287.017, Florida Statutes, for category two purchases for a period of thirty six months from
the date of being placed on the convicted vendor list. Violation of this section shall result in
termination of this agreement and recovery of all monies paid hereto,and may result in
debarment from City's competitive procurement activities.
In addition to the foregoing,Ashbritt further represents that there has been no determination,
based on an audit,that it committed an act defined by Section 287.133,Florida Statures,as a
"public entity crime"and that it has not been formally charged with committing and act
defined as a"public entity crime"regardless.of the amount of money involved or whether
Ashbritt has been placed on the convicted vendor list.
9.5 Independent contractor-Ashbritt is an independent contractor under this Agreement.
Services provided by Ashbritt pursuant to this agreement shall be subject to the supervision of
Ashbritt. In providing such services,neither Ashbritt nor its agents shall act as officers,
employees, or agents of the City. This agreement shall not constitute or make the parties a
partnership or joint venture.
9.6 Prevailing wage requirement- If construction work in excess of Fifty Thousand Dollars
($50,000.00) is required of,or undertaken by,Ashbritt as a result of this agreement, City of
Dania Beach Ordinance No.23-98, as may be amended from time to time, shall be deemed to
apply to such construction work;and further Ashbritt shall fully comply with the requirements
of such ordinance and shall satisfy, comply with, and complete the requirements set forth in
Exhibits B and C.
9.7 Third Party Beneficiaries-Neither Ashbritt nor City intend to directly or substantially
benefit a third party Agreement. Therefore,the parties agree that there are no third party
beneficiaries to this Agreement and that no third party shall be entitled to assert a claim
against either of them based upon this Agreement. The parties expressly acknowledge that it
• is not their intent to create any rights or obligations in any third person or entity under this
Agreement.
9.8 Notices- Whenever either party desires to give notice to the other,such notice must be in
writing, sent by certified United States Mail, postage prepaid,return receipt requested, or by
hand-delivery with a request for a written receipt of acknowledgement of delivery, addressed
to the party for whom it is intended at the place last specified. The place for giving notice
shall remain the same as set forth herein until changed in writing in the manner provided in
this section. For the present,the parties designate the following:
For City of Dania Beach:
Notices sent to : Contact:
Ivan Pato, City Manager Leo Williams
City of Dania Beach Public Works Supervisor
100 W. Dania Beach Blvd. City of Dania Beach
Dania Beach, Florida 33004 100 W.Dania Beach Blvd.
Dania Beach, Florida 33004
(954)924-3743
For Ashbritt:
Mr. Randall Perkins, Vice President
Ashbritt, Inc.
1280 SW 36 Avenue
Suite 102
Pompano Beach, FL 33069
9.9 Assignment and Performance-Neither this Agreement nor any interest herein shall be
assigned,transferred, or encumbered by either party. In addition, Ashbritt shall not assign
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any portion of the work required by this Agreement. It is envisioned that substantial sub
contracting will take place on the part of Ashbritt in order to accomplish approved work
authorizations. Ashbritt will provide an updated list of subcontractors on a daily basis to the
City Project Manager.
Ashbritt represents that all persons delivering the services required by this Agreement have
the knowledge and skills, either by training, experience, education or a combination thereof,
to adequately and competently perform the duties, obligations, and services set forth in the
Scope of Services and approved work authorization services to City's satisfaction for the
agreed compensation.
Ashbritt shall perform its duties, obligations, and services under this Agreement in a skillful
and respectful manner. The quality of Ashbritt's performance and all interim and final
product(s)provided to or on behalf of City shall be comparable to the best local and national
standards.
9.10 Conflicts-Neither Ashbritt nor its employees shall have or hold any continuing or frequently
recurring employment or contractual relationship that is substantially antagonistic or
incompatible with Ashbritt's loyal and conscientious exercise of judgment related to its
performance under this Agreement.
Ashbritt agrees that none of its officers or employees shall, during the term of this Agreement,
serve as an expert witness against City in any legal or administrative proceeding in which he
or she is not a party,unless compelled by court process. Further, Ashbritt agrees that such
persons shall not give sworn testimony or issue a report of writing, as an expression of his or
her expert opinion,which is adverse or prejudicial to the interests of the City in connection
with any such pending or threatened legal or administrative proceeding. The limitations of
this section shall not preclude Ashbritt or any other persons from representing themselves in
• anv action or in anv administrative or legal proceeding.
In the event Ashbritt is permitted to utilize subcontractors to perform any services required by
this Agreement, Ashbritt agrees to prohibit such subcontractors, by written contract, from
having any conflicts within the meaning of this section.
9.11 Contingency Fee-Ashbritt warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for Ashbritt, to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, company, corporation,
individual or firm, other than a bona fide employee working solely for Ashbritt, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from the
award or making of this Agreement. For a breach or violation of this provision,City shall
have the right to terminate this Agreement without liability at this discretion, or to deduct
from the Agreement price or otherwise recover the full amount of such fee, commission,
percentage,gift, or consideration.
9.12 City and Ashbritt agree that each requirement, duty, and obligation set forth herein is
substantial and important to the formation of this Agreement and,therefore, is a material term
hereof.
City's failure to enforce any provision of this Agreement shall not be deemed a waiver of
such provision or modification of this Agreement. A waiver of any breach of a provision of
this Agreement shall not be deemed a waiver of any subsequent breach and shall not be
construed to be a modification of the terms of this Agreement.
9.13 Compliance with Laws- Ashbritt shall comply with all federal, state, and local laws, codes,
ordinances,rules, and regulations in performing its duties, responsibilities, and obligations
• pursuant to this Agreement.
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9.14 Severance- In the event a portion of this Agreement is found by a court of competent
jurisdiction to be invalid;the remaining provisions shall continue to be effective unless City
or Ashbritt elects to terminate this Agreement. An election to terminate this Agreement based
upon this provision shall be made within seven (7)days after the finding by the court becomes
final.
9.15 Joint Preparation-The parties acknowledge that they have sought and received whatever
competent advice and counsel as was necessary for them to form a full and complete
understanding of all rights and obligations herein and that the preparation of this Agreement
has been their joint effort. The language agreed to expresses their mutual intent and the
resulting document shall not, solely as a matter of judicial construction,be constructed more
severely against one of the parties than the other.
9.16Priority Of Provisions- If there is a conflict or inconsistency between any term, statement,
requirement, or provision of any exhibit attached hereto, any document or events referred to
herein, or any document incorporated into this Agreement by reference and a term,
requirement, or provision of this Agreement the term statement requirement, or provision
contained in Articles 1 through 9 of this Agreement shall prevail and be given effect.
9.17 Applicable Law and Venue-This Agreement shall be interpreted and construed in
accordance with and governed by the laws of the State of Florida. Any controversies or legal
problems arising out if this Agreement and any action involving the enforcement or
interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts
of the Seventeenth judicial Circuit of City of Dania Beach, Florida. By entering into this
Agreement, Ashbritt and City hereby expressly waive any rights either party may have to a
trial by jury of any civil litigation related to, or arising out of the Project.
9.18 Amendments-No modification, amendment,or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document prepared with the
same or similar formality as this Agreement and executed by the City of Dania Beach and
Ashbritt.
9.19 Prior Agreements- This document incorporates and includes all prior negotiations,
correspondence, conversations,agreements,and understandings applicable to the matters
contained herein and the parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Agreement that are not contained in this
document. Accordingly,the parties agree that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements,whether oral or written. It is further
agreed that no modification, amendment or alteration in the terms or conditions contained
herein shall be effective unless set forth in writing in accordance with Section 9.18 above.
9.20 Incorporation by Reference-The attached exhibits A, B, C, D, and E are incorporated into
and made a part of this Agreement.
9.21 Multiple Originals-This Agreement may be fully executed in three(3)copies by all parties,
each of which, bearing original signatures, shall have the force and effect of an original
document.
IN WITNESS WHEREOF, the parties hereto have made and executed this agreement: CITY OF
DANIA BEACH through its CITY COMMISSION, signing by and through its Mayor, authorized to
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execute same by action on 23`d day of April, 2002, and ASHBRITT, signing by and through its President,
duly authorized to execute same.
AGREEMENT BETWEEN CITY OF DANIA BEACH AND ASHBRITT, INC. FOR DISASTER
RECOVERY SERVICES
CITY
ATTEST: CITY OF DANIA BEACH
1 ! �� Byhfl
R rt H. Chunn, Jr., Mayor
Cl arlene Yo nson, City Clerk
day of ( � l7�' , 2002
By
Ivan to, City Manager
Approved as to form correctness:
BY -\ A" d
Thomas.Arisbro, City Attorney
I
AGREEMENT BETWEEN CITY OF DANIA BEACH AND ASHBRITT, INC., FOR
DISASTER RECOVERY SERVICES
ASHBRITT
ASHBRITT, INC.
WITNESSES:
r�
�aily Perkins. esident
day of /X4 v ' 2002.
•
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•
EXHIBIT A
1. Debris Management. ASHBRITT shall remove all hazards to life and property resulting from the
disaster. Clean-up, demolition, and removal shall be work authorization approved by the CITY
Project Manager by individual work authorizations. Clean-up, demolition, and removal shall be
limited to eligible debris. Eligible debris is that which after its clean-up, demolition, and removal:
1) eliminates immediate threats to life, public health, and safety; 2) eliminates threats of
significant damage to improved public or private property; and 3) is essential by its absence of
ensuring economic recovery. Scope of Services shall include items such as emergency road
clearance, debris removal from public rights-of-way, removal of hazardous stumps, leaning
trees/limbs, temporary debris staging areas and reduction sites, debris disposal, hazardous waste
abatement, and sand screening, etc.
2. Technical Disaster Recovery Assistance. ASHBRITT shall provide disaster recovery technical
assistance to elected and appointed officials of CITY government. This assistance shall include
documentation and management for the public assistance program, planning, training, and
exercise development, as well as attendance at the City of Dania Beach Emergency Operations
Center (EOC) during activation of.the EOC for exercise and actual emergency events as
requested by the Contract Administrator.
3. Temporary Satellite Communications. ASHBRITT shall provide Temporary Satellite
Communications equipment and "on-air" talk time to the CITY to facilitate emergency
communications within the CITY and with outside agencies because of the loss of
® communications capability. Specifically, ASHBRITT shall provide the satellite communications
equipment and space time as listed in the work authorizations and the notice to proceed.
4. Emergency Power Generators. ASHBRITT shall provide Temporary Emergency Power
Generators to CITY to supply temporary electricity to critical facilities because of power failures.
Specifically, ASHBRITT shall provide the power generation equipment to the capacity and
quantity as listed in the work authorizations and the notice to proceed.
5. Emergency Delivery of Ice. ASHBRITT shall provide an Emergency Supply of Ice to CITY to
facilitate food storage and other life sustaining measures. Specifically, ASHBRITT shall provide
the ice within the specifications and quantities as listed in the work authorizations and the notice
to proceed.
6. Emergency Delivery of Potable Water. ASHBRITT shall provide an Emergency Supply of Potable
Water to CITY to facilitate a safe supply of water for human consumption, cooking of food, and
other life sustaining measures. Specifically, ASHBRITT shall provide the potable water within the
specifications and quantities as listed in the work authorizations and the notice to proceed.
7. Emergency Equipment Rental, Labor, Materials, and Supplies. ASHBRITT shall provide
Emergency Rental of Light, Medium, and Heavy Equipment; Trucks and other Vehicles; Labor;
Materials; and Supplies as requested by CITY. Specifically, ASHBRITT shall provide the rental of
light, medium, and heavy equipment; trucks and other vehicles; labor; materials; and supplies as
listed in the work authorizations and the notice to proceed.
8. Logistical Staging Areas. ASHBRITT shall provide for the operation and management of
Logistical Staging Areas to facilitate disaster recovery operations. Specifically, ASHBRITT shall
• provide for the supplies and labor for the operations and management needed to establish and
11
operate Logistical Staging Areas within the specifications and quantities as listed in the work
authorizations and the notice to proceed.
9. Services and Facilities. ASHBRITT shall provide and pay for all labor, tools, equipment,
transportation, supervision, and all other services and facilities of any nature whatsoever
necessary to execute, complete and deliver the services within the term specified in the work
authorization. All work authorizations involving a time and materials portion of this Agreement
shall have a not-to-exceed amount placed within them.
" 10. Permits and Licenses. ASHBRITT shall obtain, with the assistance of CITY, Permits and
Licenses of a temporary nature necessary for the prosecution of Services. ASHBRITT shall not
be responsible to obtain permits or licenses where the requirement for which has or will be
waived because of a declaration of emergency or disaster.
11. Supervision by ASHBRITT. Under the general oversight of the CITY, ASHBRITT shall supervise
and direct all work, workers, and equipment. ASHBRITT is solely responsible for the means,
methods, techniques, sequences, safety program, and procedures utilized. ASHBRITT shall
employ and maintain on the work site a qualified supervisor(s) who shall have full authority to act
on behalf of ASHBRITT, and all communications given to the supervisor in writing by the CITY'S
Authorized Representative shall be as binding as if given to ASHBRITT.
12. Other Related Work. ASHBRITT shall perform other related work as directed by the Contract
Administrator.
EXHIBIT B
Prevailing Wage Rates: On December 8, 1998, the City of Dania Beach City Commission enacted
Ordinance No. 23-98 providing the following:
Chapter 8, Buildings, of the Code of Ordinances of the City of Dania Beach, is amended to add Section 8-
141, to read as follows:
Sec. 8-141. Rate of wages fringe benefits on city construction contracts.
(a) Establishment of Minimum Wages. Every construction contract in
excess of fifty thousand dollars ($50 000.00) to which Dania Beach is a party shall
include a provision that the rate of wages and fringe benefits, or cash equivalent, for all
laborers, mechanics and apprentices and similar jobs (i.e., non-office), listed by the
Department of Labor Employment Standards Administration, Wage and Hour Division
and employed by any contractor or subcontractor on the work covered by the contract
shall not be less than the prevailing rate of wages and fringe benefit payments or cash
equivalent for similar skills or classifications of work as established by the General Wage
Determinations Issued Under the Davis-Bacon and Related Acts, U.S. Department of
Labor Employment Standards Administration Wage and Hour Division, for Broward
County, Florida.
Implementation of the Department of Labor General Wage
Determinations. The prevailing wage rate and fringe benefit payments to be used in the
implementation of this section shall be those last published by the U.S. Department of
Labor as noticed in the Federal Register and reported in the General Wage
Determinations Issued Under the Davis-Bacon and Related Acts prior to the date of
issuance of specifications by Dania Beach in connection with its invitation for bids.
12
(c) Notice Requirement. On the date an employee commences work on a
construction contract to which this section applies the contractor shall be required to post
a notice in a prominent place at the work site stating the requirements of this section.
Preemption by Federal Funding. When construction contracts involve
federal funding or are otherwise subject to the provisions of the Davis-Bacon Act (40
U.S.C. 276(a)), this section shall not apply; and the minimum wages to be paid the
various classes of laborers, mechanics and apprentices shall be based upon the wages
determined by the secretary of labor in accordance with the Davis-Bacon Act (40 U.S.C.
276 a .
(e) Exceptions. The provisions of this section shall not apply to any existing
contract or construction project in which a notice for bids or request for proposals has
been advertised in the public media prior to the effective date of this section or to any
developer agreement whereby Dania Beach is requiring the construction of certain
improvements including, but not limited to road construction, as condition of the issuance
of a development permit or to any construction proo ct performed by Dania Beach
utilizing its own employees.
•
CAF#112.FRM
(Rev. 1/5/00) -13-
s
EXHIBIT C
STATEMENT OF COMPLIANCE
(PREVAILING WAGE RATE ORDINANCE NO. 23-98)
No.
Contract No. Project Title
The undersigned ASHBRITT hereby swears under penalty of perjury that, during the period covered by
the application for payment to which this statement is attached, all mechanics, laborers, and apprentices,
employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of
payments, contributions, or costs for fringe benefits have not been less than those required by City of
Dania Beach Ordinance No. 23-98 and the applicable conditions of this Agreement.
Dated
ASHBRITT
By
_ (Sigdature)
{ (Name and Title)
STATE.AF,{
J ) SS.
CITY OF )
The foregring in tr rry�e w s acknowledged #are is `� day of it,,j�l��
by _�7 i/�% r�i/f� :,�who ice_personally known to me r who has ;q oduced
as identification and,w o 1 no a e an oath.
WITNESS my hand and official0eals ' ay f J. � f(NOTARY SEAL)
(Sign6at&r`o person ,� ing aa'cknowledgment)
__ HELENJ.GgNNON (Name of officer taking acknowledgment)
MYCOMMISSION# typed, printed or stamped
EXPIRES;J �4999
ff Bonded rbn,Note une 20,2005
ry Publk Undejw te,
(Title or rank)
(Serial number, if any)
My commission expires:
e)
CAF#112.FRM
(Rev. 1/5/00) -14-
1 Exhibit D
2 Disaster Recovery Services
9.16 RLI # 08100-00-RB
All prices noted in this attachment are considered a baseline estimate. Actual prices that will be charged
will be justified at the time a work authorization is approved. All costs must be based upon reasonable
expenses for labor, equipment, material, and overhead/profit. Under no circumstances will costs that
exceed reimbursable limits acceptable to the Federal Emergency Management Agency(FEMA)be
proposed or approved in a work authorization.
2..1.1
2..1.2
2..1.3 Emergency Road Clearance
AshBritt shall accomplish the cutting, tossing, and/or pushing of debris, hanging limbs, or
® leaning trees from primary roads as identified and directed by City of Dania Beach. The
debris shall be stacked on the right-of-way to allow passage of vehicles along the primary
transportation routes.
2..1.3.1 Compensation per attached hourly rate schedule.
Debris Removal from Public Right-of-Way
As directed by City of Dania Beach AshBritt shall load and haul all eligible debris to a
County designated Temporary Debris Storage and Reduction Site (TDSRS) or other
disposal destination.
0 to 15 miles $12.75 per cubic yard
16 to 30 miles $15.75 per cubic yard
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(Rev. 1/5/00) -15-
Debris Separation/Reduction and TDSRS Management
AshBritt shall operate and manage the TDSRS to accept and process all event debris.
AshBritt shall perform any site preparation, to include but not limited to: (1) building
and/or maintaining roads; (2) construction of a roofed inspection tower sufficient for a
minimum of three inspectors; (3) any environmental requirements necessary to include
wind control fencing, silt fencing, hazardous materials containment area, and/or water
retention berms. All debris will be processed in accordance with all local, state and
federal rules, standards and regulations. Processing may include, but is not limited to,
reduction by tub grinding, incineration when approved, or other alternate methods of
reduction such as compaction. Prior to reduction all debris will be segregated between
vegetative debris, C&D, recyclable debris, white goods, and hazardous waste. Upon the
closure of the TDSRS the site will be restored to its Pre-Use Condition.
2..1.3.1.1 Operation of TSDRS $6.75 per cubic yard
Hazardous Stumps
AshBritt shall remove hazardous stumps as identified and directed by City of Dania
Beach. Stump removal shall include backfilling the void with appropriate fill material
and hauling the stump to the TDSRS.
Stumps up to 6 inches in diameter $ 125.00
2..1.3.1.2 Stumps greater than 12 inches, less than 24 inches $ 250.00
Stumps greater than 24 inches, less than 48 inches $ 500.00
Stumps equal to or greater than 48 inches $1250.00
Sand Screening
As directed by City of Dania Beach, AshBritt shall screen sand to remove all eligible
debris deposited by the event. This process includes the collection of debris laden sand,
transporting the sand to the processing screen located on the beach, processing the debris
laden sand through the screen and returning the sand to the approximate original location.
Debris removed from the sand will be collected, hauled, and processed as ROW debris.
CAF#112.FRM
. (Rev. 1/5/00) -16-
2..1.3.1.3 Sand Screening $12.00 per cubic yard
• Final Disposal
AshBritt shall load and transport processed debris to from the TDSRS to a final disposal site as
directed by City of Dania Beach.
0 to 15 miles $7.00 per cubic yard
15 to 30 miles $8.50 per cubic yard
Technical Assistance
AshBritt shall provide disaster recovery technical assistance to elected and appointed
officials of City of Dania Beach. This service shall include documentation and
management for the public assistance program, planning, training, and exercise
development.
2..1.3.1.4 Service provided at no additional charge
Permits and Licensing
AshBritt shall obtain, with the assistance of City of Dania Beach, permits and licenses of a
temporary nature necessary for the execution of the scope of services.
Service provided at no additional charge
Quality Assurance and Supervision
AshBritt shall provide sufficient supervision and programmatic controls to ensure compliance with
procedural and regulatory standards established by FEMA,State of Florida,and City of Dania
Beach.
Service provided at no additional charge
Temporary Satellite Communications
AshBritt shall provide temporary satellite communications equipment and service as
directed by City of Dania Beach to facilitate emergency communications within City of
CAF#112.FRM
. (Rev. 1/5/00) -17-
Dania Beach and with state and federal agencies supporting City of Dania Beach's
recovery effort.
Satellite Communications provided at actual equipment lease and airtime cost plus 15%
Emergency Delivery ofke
As directed by City of Dania Beach, AshBritt shall provide an emergency supply of ice to
facilitate food storage and other life sustaining measures. Ice is delivered by refrigerated
trucks in 40,000 lb increments, with 20 pallets of bagged ice to each delivery.
Emergency Ice $0.31 per pound*
• Additional Charge for storage
• Additional Charge for final distribution
• Additional Charge for standby (waiting to unload) past 4 hours
Emergency Delivery of Potable Water
As directed by City of Dania Beach, AshBritt shall provide an emergency supply of water
to facilitate a safe water supply for human consumption, cooking of food, and other life
sustaining measures. Water is delivered by truck with 20 pallets per trailer.
• Emergency Water $1.90 per gallon*
• $0.15 per gallon to unload
• Additional Charge for storage
• Additional Charge for final distribution
• Additional Charge for standby (waiting to unload) past 4 hours
2..1.3.1.4.1 Emergency Power Generators
As directed by City of Dania Beach, AshBritt has the capability to provide emergency
power generators to supply temporary electricity to critical County facilities. Prior to
establishing pricing for temporary generators it is necessary to collect technical
CAF#112.FRM
0 (Rev. 1/5/00) -18-
information regarding the potential type and use of power at each facility indicated by the
County. It is also necessary to determine the County's needs for technicians and the
• availability of emergency fuel supply. Unlike other emergency commodities power
generators must be tailored to the specific need.
Emergency Power Generators Price TBD
Demolition of Structures, Debris Removal_from Private Property (ROE)
As directed by City of Dania Beach, AshBritt shall demolish unsafe structures and
remove debris that has been determined by the County to be a threat to the health and
safety of the public. Examples of enabling elected body resolutions and other necessary
documentation for the right-of-entry (ROE) process are provided by the technical
assistance experts working with AshBritt and City of Dania Beach. Debris generated
through the ROE program will be placed on the right-of-way and collected as part of the
ROW debris program.
Compensation per attached hourly rate schedule
CAF#112.FRM
® (Rev. 1/5/00) -19-
•
2.. 1.3.1.4. 1. 1 Hourly Equipment Schedule
With Operators for Emergency Road Clearance, Leaning Trees,
Hanging Limbs, and Debris Removal From Private Property(ROE)
Equipment Hourly
210 Prentice Loader $140.00
Self Loading Prentice truck-25 to 40 yard dump body $130.00
Wheel Loader, John Deere 544 or equivalent —2/12 to 3 yard bucket $105.00
Tandem Dump Truck— 16 to 20 yards $ 75.00
Mini Loader Bobcat or equivalent $ 55.00
D6 Dozer or equivalent $115.00
Excavator, Cat 325 or equivalent w/debris loading grapple $125.00
Wheel Loader, John Deere 644 or equivalent—3 to 5 yard bucket $115.00
Chainsaw Operator with gear $ 35.00
Supervisor with pick-up truck $ 45.00
Safety Manager with pick-up truck $ 45.00
Mechanic's Truck with tools $45.00
Flagmen for traffic control $ 28.50
Trash Transfer Trailers - 110 yard with Tractor $125.00
Bucket Truck- 50 cubic yard bed $135.00
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(Rev. 1/5/00) -20-
Equipment Transports $ 90.00
Clerical $ 35.00
Laborers $ 25.00
Mobilization and Demobilization A Pass Thru
•
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• (Rev. 1/5/00) -21-