HomeMy WebLinkAboutR-2011-079 - Executed an Agreement with Ashbritt, Inc. for Disaster Recovery Services Without Bidding RESOLUTION NO. 2011-079
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AN AGREEMENT WITH ASHBRITT, INC., A FLORIDA
CORPORATION, FOR DISASTER RECOVERY SERVICES, WITHOUT
COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS;
PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4,
Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and
materials for the City government in amounts in excess of $25,000.00 without competitive
bidding and without advertisement for bids if he is authorized to do so in advance by a resolution
adopted by the City Commission and if such purchases are made pursuant to a competitive bid
obtained within the last eighteen (18) months by other governmental agencies such as the federal
government, State of Florida or a Florida county or municipality; and
WHEREAS, the City Manager has determined that it is necessary for the City to provide
disaster recovery services; and
WHEREAS, the City Manager has determined that such services can best be obtained
pursuant to an agreement with Ashbritt, Inc. under the City of Weston Resolution No. 2070-98,
valid through June 19, 2016, a copy of which is attached to this Resolution;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. That the proper City officials are authorized to execute an agreement
between Ashbritt, Inc. and the City for disaster recovery services in connection with the current
City of Weston contract valid through June 19, 2016, a copy of which is attached and identified
as Exhibit "A"; however, if Ashbritt contracts with any other governmental agency in the South
Florida area, and service rates are lower than those afforded to the City of Weston, then Ashbritt
shall provide such services at the lower rates to the City.
Section 2. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 3. That this Resolution shall be in full force and take effect immediately upon
its passage and adoption.
PASSED and ADOPTED on August 9, 2011.
ATTEST:
LOUISE STILSON, CMC PATRICIA A. FLURY
CITY CLERK MAYOR
�PRp'S F1lT
APPROVED AS O F AND CORRECTNESS:
THOMAS J. ANSBRO
CITY ATTORNEY
2 RESOLUTION#2011-079
EXHIBIT "A"
MUTUAL BENEFIT AND USE AGREEMENT
WHEREAS, it is foreseen that it may be in the public interest to provide for the expedient
removal of storm debris within the corporate limits of the City of Dania Beach, Florida, resulting
from a future storm or manmade event; and
WHEREAS,the public health and safety of all the citizens will be at serious risk; and
WHEREAS, the immediate economic recovery of the City of Dania Beach, Florida, and its
citizens is a major concern and the primary priority for recovery; and
WHEREAS, the City of Dania Beach, Florida, has a community of interest with the City of
Weston, Florida, with respect to debris services that may be necessary to effect a recovery from
an anticipated storm event; and
WHEREAS, the City of Weston, Florida, has selected through competitive process a firm
proficient in providing debris services; and
WHEREAS, the City of Dania Beach, Florida, has reviewed the solicitation, proposal, and
evaluation related to the selection of the firm by City of Weston, Florida, and approves the
process and selection that were used; and
WHEREAS, the City of Dania Beach, Florida, has reviewed the contract for debris services
between City of Weston, Florida, and Ashbritt, Inc. and has found the Scope of Services, prices,
terms and conditions as set out in this Contract to be reasonable, acceptable and of benefit to its
citizens; and
NOW THEREFORE, having reached concurrence and acceptance of the procurement process
and the contract stipulations the City of Dania Beach, Florida, agrees to enter into a contract with
Ashbritt, Inc. for debris services without modification to the original terms, conditions or pricing.
Having full authority, the parties do hereby complete this agreement by signing below:
3 RESOLUTION#2011-079
i
CITY OF DANIA BEACH,FLORIDA,
a Florida municipal corporation
PATRICIA A. FLURY, MAYOR
ROBERT BALDWIN
CITY MANAGER
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO FORM AND
CORRECTNESS:
THOMAS J. ANSBRO
CITY ATTORNEY
4 RESOLUTION#2011-079
ASHBRITT, INC.,
a Florida corporation
JOHN NOBLE, CHIEF
OPERATING OFFICER
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me on 2011, by
John Noble, as Chief Operating Officer of Ashbritt, Inc., a Florida corporation, on behalf of the
corporation. He is personally known to me or produced as identification
and did(did not)take an oath.
NOTARY PUBLIC
My Commission Expires: State of Florida
5 RESOLUTION#2011-079
a, 199
August 24, 2010 Randi E. Milner, Senior Marketing Manager
Ash&ritt, Inc.
Eric M.Hersh 480 S. Andrews Avenue, Suite 103
Mayor Pompano Beach, FL 33069
Daniel J.Stermer
Commissioner Re: Resolution No. 2010-98, Agreement Renewal
Murray Chermak
Commissioner Dear Mr. Milner:
Mercedes G. r sson
Commissioner Please find enclosed a certifiedi i
copy of Resolution No. 2010-98 renewing
the Agreement between the City of Weston and AshBritt, inc., for Disaster
Angel Gomez Recovery Services-Prime Contractor; renewing the Agreement between the
Commissioner City of Weston and DRC Emergency Services, LLC, for Disaster Recovery
John R.Flint Services-Backup Prime Contractor; and renewing the Agreement between
Citv Manager the City of Weston and Bergeron Emergency Services, Inc. for Disaster
Recovery Services-Backup Prime Contractor, which was approved by the
City Commission on August 16, 2010
Please acknowledge receipt of the document by signing the enclosed copy
of this letter where noted and returning it to me in the enclosed envelope.
Sincerely,
CITY OF WESTON
Patricia A. Bates, MMC
City Clerk
Enclosure: Resolution No. 2010-98
C. Jeffrey L. Skidmore, Assistant City Manager/COO
Brad Kaine, Director of Public Works
Z
owledged this SJ day of August 2010.
er, Senior Marketing Manager
#47096
The Nation's Premier Municipal Corporations'
17200 Royal Palm Boulevard 0 Weston,Florida 33326 0 Phone:954-385-2000 0 Fax: 954-385-2010 ■ www.westonfl.org
RESOLUTION NO. 2010-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WESTON,
FLORIDA, RENEWING THE AGREEMENT BETWEEN THE CITY OF WESTON AND
ASHBRITT, INC., FOR DISASTER RECOVERY SERVICES-PRIME CONTRACTOR;
RENEWING THE AGREEMENT BETWEEN THE CITY OF WESTON AND DRC
EMERGENCY SERVICES, LLC, FOR DISASTER RECOVERY SERVICES-BACKUP
PRIME CONTRACTOR; AND RENEWING THE AGREEMENT BETWEEN THE CITY
OF WESTON AND BERGERON EMERGENCY SERVICES, INC. FOR DISASTER
RECOVERY SERVICES-BACKUP PRIME CONTRACTOR.
WHEREAS, First, on June 23, 2006, the City of Weston ("City") and AshBritt, Inc.
("AshBritt")entered into an Agreement for Disaster Recovery Services- Prime Contractor; and
WHEREAS, Second, on August 4, 2006, the City and DRC Emergency Services, LLC,
("DRC") entered into an Agreement for Disaster Recovery Services-Backup Prime Contractor; and
WHEREAS, Third, on August 25, 2006, the City and Bergeron Emergency Services, Inc.,
("Bergeron") entered into an Agreement for Disaster Recovery Services- Backup Prime Contractor;
and
WHEREAS, Fourth, on July 7, 2008, the City Commission approved Resolution No. 2008-
93 to approve the First Addenda to and ratify Disaster Recovery Services Agreements with AshBritt,
DRC and Bergeron to incorporate the required Contract Provisions as well as update the Notice
provisions in order to comply with the Federal Highway Administration ("FHWA") mandate that all
disaster recovery services agreements be amended to include an Exhibit entitled "Required Contract
Provisions", and maintain its maximum eligibility for Federal Aid; and
WHEREAS, Fifth, Section 2.2 of each agreement provides an option to renew the agreement
for two additional five year terms and further states: "The parties hereto may extend this agreement
by mutual consent, in writing, prior to the expiration of the current term", and Section 3.8 of each
agreement provides for unit prices to be adjusted at a rate equal to the Consumer Price Index, not
to exceed 3% percent; and
WHEREAS, Sixth, the Agreements between AshBritt, DRC and Bergeron expire on June 19,
2011;and
WHEREAS, Seventh, the parties are desirous of renewing the agreements for one additional
five year term,as stipulated in Section 2.2 of the Agreements, to June 19, 2016.
NOW THEREFORE, BE IT RESOLVED by the City Commission of the City of Weston, Florida:
Section 1: The foregoing recitals contained in the preamble to this Resolution are incorporated by
reference herein.
Section 2: The City Commission approves a renewal of the Agreement between the City and
AshBritt for Disaster Recovery Services-Prime Contractor, as consented to in writing in AshBritt's
correspondence to the City dated July 2, 2010, attached as Exhibit"A"; and
#46920 v1 Resolution No.2010-98 Page 1 of 2
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WESTON, FLORIDA, RENEWING THE
AGREEMENT BETWEEN THE CITY OF WESTON AND ASHBRITT, INC., FOR DISASTER RECOVERY
SERVICES-PRIME CONTRACTOR; RENEWING THE AGREEMENT BETWEEN THE CITY OF WESTON AND
DRC EMERGENCY SERVICES, LLC, FOR DISASTER RECOVERY SERVICES-BACKUP PRIME CONTRACTOR;
AND RENEWING THE AGREEMENT BETWEEN THE CITY OF WESTON AND BERGERON EMERGENCY
SERVICES, INC. FOR DISASTER RECOVERY SERVICES-BACKUP PRIME CONTRACTOR.
Section 3: The City Commission approves a renewal of the Agreement between the City and DRC
for Disaster Recovery Services-Backup Prime Contractor, as consented to in writing in DRC's
correspondence to the City dated July 2, 2010,attached as Exhibit "B"; and
Section 4: The City Commission approves a renewal of the Agreement between the City and
Bergeron for Disaster Recovery Services-Backup Prime Contractor, as consented to in writing in
Bergeron's correspondence to the City dated July 5, 2010, attached as Exhibit "C"; and
Section 5: The appropriate City officials are authorized to execute all necessary documents to
effectuate the intent of this Resolution.
Section 6: This Resolution shall take effect upon its adoption.
ADOPTED by the City Commission of the City of Weston, Florida,this 1 e day of August 2010.
ATTEST:
Eric M. Hersh Mayor
-4 v
Patricia A. Bates, City Clerk
Approved as to for nd legality Roll Cali:
for the u f and el ance by the Commissioner Stermer Yes
City o ton my Commissioner Henriksson Yes
Commissioner Chermak Yes
Commissioner Gomez Yes
Jamie n ole, City Attorney Mayor Hersh Yes
cERTRICATION
1 CBRTIFY THIS TO BE A TRUE A CORRECT
COPY OIL THE ORiGMAL DOCUMENT ON
FILE.
VMM 1AY HAND AND OFFICIALQL VIAL
D�I THYY OF
OF
TH8OF Wf�31nKT1�IIS��""'DAY OF
#46920 v1 Resolution No.2010-98 Page 2 of 2
RESOLUTION NO. 2010.98 Kt ;h1VhU
EXHIBIT NV
Ash . ".
E nV 1 r0 n m e nta L THE CITY OF WEsmt
July 2, 2010
Mr. John R. Flint, City Manager
City of Weston
17200 Royal Palm Blvd.
Weston FL 33326
Re: Agreement between the City of Weston and Ashbritt, Inc. for Disaster Recovery
Services Prime Contractor
Dear Mr. Flint:
The Agreement between the City of Weston and Ashbritt, Inc. for Disaster Recovery Services -
Prime Contractor(the "Agreement") expires on June 19, 2011.
Section 2.2 of the Agreement provides an option to renew the Agreement for two additional
five year terms subject to mutual consent in writing prior to the expiration of the Agreement.
This letter is to confirm that Ashbritt, Inc. would like to renew the Agreement with the City of
Weston for one additional five year term as stipulated in Section 2.2 of the Agreement.
Ashbritt, Inc. understands that this renewal must also be approved by the Weston City
Commission.
Sincerely,
Randall Perkins,Chief Executive Officer
AshBritt, Inc.
480 South Andrews Avenue Suite 103
Pompano Beach, FL 33069
Tel: 954 545-3535
Fax: 954 545-3585
www.ashbritt.com
RESOLUTION NO. 2010-98 RECEIVED
EXHIBIT"B"
K' W JUL 20ia
DRC Emergency Services,LLC THE CITY OF WFST01
740 Museum Drive•Mobile,Alabama 36608
14%8-721-4372.1-251-343-3581 •FAX 1-251-343-5554
July 2, 2010
Mr. John R. Flint Phone: 954.385.2000
City Manager
City of Weston
17200 Royal Palm Blvd.
Weston, FL 33326
Re: Agreement between City of Weston and DRC Emergency Services,LLC for Disaster
Recovery Services—Backup Prime Contractor
Dear Mr.Flint:
The agreement between the City of Weston and DRC emergency Services,LLC for
Disaster Recovery Services—Backup Prime Contractor(the"Agreement")expires on June 19,
2011.
Section 2.2 of the Agreement provides an option to renew the Agreement for the additional five
(5)year terms subject to mutual consent in writing prior to the expiration of the Agreement.
This letter is to confirm that DRC Emergency Services,LLC would like to renew the Agreement
with the City of Weston for one additional five(5)year tern as stipulated in Section 2.2 of the
Agreement.
DRC Emergency Services,LLC understands that this renewal must also be approved by the
Weston City Commission.
Sincerely,
Mark Stafford
Chief Operating Officer
RESOLUTION NO. 2010-98
r)
EXHIBIT"C" .r� f .(��-�i�
f j EMERGENCY SERV/CES�
19812 SW Se Place
Ft Lauderdale,FL 33332
July 5, 2010
Mr. John R. Flint
City Manager
The City of Weston
17200 Royal Palm Boulevard
Weston, FI 33326
Re: Agreement Between the City of Weston and Bergeron Emergency Services, Inc.for Disaster
Recovery Services-Backup Prime Contractor
Dear Mr. Flint,
The Agreement between the City of Westo nd Bergeron Emergency Services, Inc. for Disaster
Re fiery Services-Backup Prime Contra or(the"Agreement")expires on June 19, 2011.
Se ticf 2.2 of the Agreement provides�I option to renew the Agreement for two additional five year
to s subject to mutual consent in writih prior to the expiration of the Agreement.
is letter is to confirm that Bergeron- ergency Services, Inc. would like to renew the Agreement v th
e City of Weston for one addition�d a year term as stipu! ted in Section 2.2 of the Agreementt-
erleron Emergency Services, Inc. so understands that th renewal must be approved by tji� eston
i Commission.
i rely,
Ronal ergeron,Jr. i
Vice Presic�e'i �` �—
Phone: (954)680-6100/Fax: (866)757-7656/24 Hours:(888)599-6110
Email:emergencyservices@bergeroninc.com