HomeMy WebLinkAbout2013-215-1911 - Ashbritt Inc Bid Award 1515 NW 167 Street, Building 5 Suite 200
Miami Gardens, Florida 33169
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
September 11,
2013
Item Type:
(Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box)
Yes
No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
X Public Hearing:
(Enter X in box)
Yes No Yes No
X
Funding Source:
N/A Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:RFP#12‐13‐036(A) re‐bid
Emergency Debris Removal &
Disposal Services X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communcation
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)
N/A
X
Sponsor Name:
Dr. Danny Crew
City Manager
Department:Public Works Department
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA,
AWARDING A BID TO ASHBRITT, INC., FOR DEBRIS REMOVAL AND DISPOSAL SERVICES;
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR THIS PURPOSE
FOR AN INITIAL PERIOD OF THREE (3) YEARS, WITH AN OPTION TO RENEW FOR TWO (2)
ADDITIONAL ONE (1) YEAR PERIODS; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Background
The City’s current contract for emergency debris removal expires in August 2013.
Current Situation
Staff prepared specifications for emergency debris removal and disposal services to include all Federal Emergency
Management Agency (FEMA) and the Federal Highway Administration (FHWA) reimbursement requirements
included. The contract is for an initial period of three years with option to renew for two additional one‐year
ITEM K-14) CONSENT AGENDA
RESOLUTION
Ashbritt Inc.
1515 NW 167 Street, Building 5 Suite 200
Miami Gardens, Florida 33169
periods. The RFP # 12‐13‐036 posted on April 10, 2013. A broadcast notice was sent to 535 vendors. Twenty‐six
proposal packages were requested. The proposals opened on May 2, 2013. Eight proposals were received and
publicity read.
The City Council rejected the RFP#12‐13‐036 on July 24, 2013, and directed staff to revise the RFP and re‐issue.
Staff revised the RFP#12‐13‐036(A) re‐bid for emergency debris removal and disposal services to include all
Federal Emergency Management Agency (FEMA) and the Federal Highway Administration (FHWA) reimbursement
requirements included and posted on July 25, 2013. A broadcast notice was sent to 1390 vendors. Thirty‐six
proposal packages were requested. The proposals opend on August 15, 2013. Seven proposals were received
and publicity read.
A selection committee consisted of the City Council.
Each committee member was provided the evaluation ranking sheet, proposals, copy of the solicitation,
references received for each proposer, and instructions as to the ranking process. The ranking sheets were
returned to procurement on August 30, 2013. At which time the scores were combined and totaled. The
committee meeting was held on September 3, 2013, to discuss the rankings and to schedule oral presentations, if
needed. The committee determined that oral presentations would not be required as the ranking between the
first ranked and the second ranked was a several point difference.
The committee ranked the firms and Ashbritt, Inc. located in Deerfield Beach, FL. was ranked number one.
Ashbritt commits to hiring local personnel and subcontractos to the maximum extent feasible based on the size
and severity of an event.
Proposed Action:
It is recommended that the City Council approve the attached resolution authorizing the City Manager to
negotiate and execute a contract with Ashbritt, Inc. located in Deerfield Beach, FL. for the initial term of the
contract and for any renewals.
Attachment:
Evaluation Ranking Sheet
Price Proposal
CITY OF MIAMI GARDENS
CONTRACT FOR EMERGENCY DEBRIS REMOVAL & DISPOSAL SERVICES
THIS AGREEMENT is made and entered into this day of 2013, by
and between the City of Miami Gardens, a Florida municipal corporation (hereinafter referred to
as "City"), and Ashbritt, Inc. authorized to do business in the State of Florida, (hereinafter
referred to as "Company") and jointly referred to as the Parties.
WITNESSETH:
WHEREAS, the City advertised a Request for Proposal ("RFP") on July 23, 2013,
and
WHEREAS, Company submitted a Proposal dated August 15, 2013, in response to the
City's request; and
WHEREAS, at a meeting held on September 11, 2013, the City Council selected the
Company and agreed to a non-exclusive contract with Company to perform the services
described in the RFP AND Company's Proposal submitted in response to the RFP ("Services").
NOW THEREFORE, in consideration of the premises and the mutual covenants herein
named, the parties hereto agree as follows:
Article 1 Incorporation bv Reference.
The following documents are hereby incorporated by reference and made part of this
Agreement.
(i) Specifications and Proposal Documents prepared by the City for Emergency
Debris Removal & Disposal Services RFP#12-13-036(A) (Exhibit 1).
(ii) Proposal for the Citv of Miami Gardens prepared by Company dated August 15,
2013. (Exhibit 2).
All exhibits may also be collectively referred to as the "Documents". In the event of any
conflict between the Documents or any ambiguity or missing specifications or instruction,
the following priority is established:
A. Specific direction from the City Manager (or designee).
A. This Agreement
B. Exhibit 1
C. Exhibit 2
Article 2 Scope of Services
The scope of services shall consist of emergency as well as non-emergency emergency
debris removal and disposal services as requested to (hereinafter "Services"). This non
Ashbritt Contract Page 1 of 8
Emergency Debris
exclusive Agreement is made solely for the Services to be performed by the Company as
described in the Documents. Company shall perform the work 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 work, except as otherwise noted in
specifications. By signing the Agreement, Company represents that it thoroughly reviewed the
Documents incorporated into this Agreement by reference and that it accepts the Work and the
conditions under which the Work is to be performed.
Article 3 Qualifications
Company and the individual executing this Agreement on behalf of the Company warrant
to the City that the Company is a Florida corporation duly constituted and authorized to do
business in the State of Florida, is in good standing and that Company possesses all of the
required licenses and certificates of competency required by the State of Florida and the County
of Miami-Dade to perform the work herein described.
Article 4 Compensation
The Company acknowledges that this is a contingent services contract and that no
payments will be made or due from the City unless Company is specifically engaged by the City
for a specific emergency. All payments to be made hereunder shall be paid in accordance with
the Rate Schedule contained in Company's Response to RFP#12-13-036(A). All invoices and
payment for services shall be for work completed pursuant to this Agreement after submission
of invoices(s) to the City. All invoices shall be submitted in accordance with the RFP#12-13-
036(A).
The City's performance and obligation to pay under this Agreement is contingent upon
an annual appropriation for its purpose by the City Council. Company shall make no 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 Company with prior written approval of the City.
If the City disputes any charges on the invoices, it may make payment of the contested amounts
and withhold payment on the contested amounts until they are resolved by agreement with
Company. Reimbursable expenses shall be listed individually, with supporting documentation
attached.
Article 5 Indemnification
Company shall defend, indemnify, and hold the City, it agents, officers, and employees
harmless from and against any and all demands, claims, suits, liabilities, causes of action,
judgment or damages, arising out of, related to, or in any way connected with Company's
performance or non-performance of any provision of this Agreement including, but not limited to,
liabilities arising from contracts between Company and third parties made pursuant to this
Agreement. Company shall reimburse the City for all of its expenses including reasonable
attorney fees and costs, up through any appeal. The City retains the right to select counsel of
it's choosing. Nothing contained herein shall be deemed a waiver of sovereign immunity.
Article 6 Insurance
Company shall provide and maintain general liability insurance coverage, for personal
injury and property damage in the minimum amount of One Million ($1,000,000.00) Dollars, per
Ashbritt Contract Page 2 of 8
Emergency Debris
incident, for personal injury, and One Million ($1,000,000.00) Dollars, per incident, for property
damage.
Company shall also be required to provide and maintain, during the life of the
Agreement, comprehensive automobile liability insurance coverage for bodily injury and
property damage in the minimum amount of $1,000,000.00 or each occurrence and
$1,000,000.00 combined single limit.
All policies of insurance shall designate the CITY as an additional insured and Company
shall deliver a fully effective certificate to that effect, evidencing no less than thirty (30) day
cancellation power.
Company shall also provide CITY with proof that Company has workers' compensation
insurance in an amount, which satisfies the requirements of Florida Law, for any employee of
the Company.
Company shall not commence work pursuant to this Agreement until all insurance
required as stated herein has been obtained and such insurance has been approved by the
CITY.
Article 7 Term
This Agreement shall become effective upon execution by both parties and shall
continue in force for three years with the option to renew for two additional years.
Article 8 Termination
The City may, for its convenience and without cause, terminate this Agreement by giving
Company written notice at least thirty (30) days prior to the effective date of the termination.
Upon written notice of the termination. Company shall provide only those services and incur
only those expenses specifically approved or directed in writing by the City Manager.
The City may, terminate this Agreement for cause immediately, and shall provide notice
as soon as possible to Company.
Company may terminate this Agreement by giving the City at least thirty (30) days prior
to the effective date of termination.
In the event of termination or expiration of this Agreement, Company and City shall
cooperate in good faith in order to effectuate a smooth and harmonious transition from
Company to the City or to any other person or entity the City may designate, and to maintain
during such period of transition that same services provide to the City pursuant to the terms of
this Agreement.
Company will take all reasonable and necessary actions to transfer all records, etc. and
data of the City in its possession in an orderly fashion to either the City or its DMC in a hard
copy and computer format.
If either party terminates this Agreement, the City shall only pay Company for the
services provided through the date of termination.
Ashbritt Contract Page 3 of 8
Emergency Debris
Article 9 Ownership
All inventions, discoveries, deliverables, intellectual property, technical communications
and records originated or prepared by Company pursuant to this Agreement including papers,
charts, computer programs, and other documentation or improvements thereto shall be owned
by the City.
Article 10 Modification/Amendment
This writing and exhibits contains the entire Agreement of the parties. No
representations were made or relied upon by either party, other than those that are expressly
set forth herein.
No agent, employee, or other representative of either party is empowered to modify and
amend the terms of this Agreement, unless executed in writing with the same formality as this
Document. 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.
Article 11 Severabilitv
If any term or provision of this Agreement shall to any extent be held invalid, or illegal by
a court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby,
and each term and provision of this agreement shall be valid and be enforced to the fullest
extent permitted by law.
Article 12 Governing Law
This Agreement shall be construed in accordance with and governing by the laws of the
State of Florida. Exclusive venue for any litigation shall be in Miami-Dade County, Florida.
Article 13 Waiver
The failure of either party to this Agreement to object to or to take affirmative action with
respect to any conduct of the other which is in violation of the terms of this Agreement shall not
be construes as a waiver of the violation or breach, or of any future violation, breach or wrongful
conduct.
No waiver by the City of any provision of this Agreement shall be deemed to be a waiver
of any other provisions hereof or of any subsequent breach by Company of the same, or any
other provision or the enforcement thereof. The City's consent to or approval of any act by
Company requiring the City's consent or approval shall not be deemed to render unnecessary
the obtaining of the City's consent to or approval of any subsequent consent or approval of
Company, whether or not similar to the act so consented to or approved.
Article 14 Notices/Authorized Representatives
Any notices required or permitted by this Agreement shall be in writing and shall be
deemed to have been properly given if transmitted by hand-delivery, by registered mail with
postage prepaid return receipt delivery, by registered or certified mail with postage prepaid
Ashbritt Contract Page 4 of 8
Emergency Debris
return receipt requested, or by Federal Express addressed to the parties at the following
address;
City: Company:
Danny Crew, City Manager Randal Perkins, C.E.O.
City of Miami Gardens Ashbritt, Inc.
1515 NW 167"^ Street #200 565 E. Hillsboro Blvd.
Miami Gardens, PL 33169 Deerfield Beach, PL 33441
Either party shall have the right to change its address for notice purposes by sending
written notice of such change of address to the other party in accordance with the provisions
herein.
Article 15 Independent Contractor
Company is and shall remain an independent contractor and is not an employee or
agent of the City. Services provided by Company shall be by employees of Company and
nothing in this Agreement shall in any way be interpreted or construed to deem said employees
to be agents, employees, or representatives of the City.
Company shall be responsible for all compensation, tax responsibilities, insurance
benefits, other employee benefits, and any other status or rights of its employees during the
course of their employment with Company. The rights granted to Company hereunder are
nonexclusive, and the City reserves the right to enter into agreements with other persons or
firms to perform services including those hereunder.
Article 16 Assignment
Subject to the provisions above, this Agreement shall not be assignable by Company.
Article 17 Prohibition Against Contingent Pees
Company warrants that it has no employees or retained any company or person, other
than a bona fide employee working solely for Company, to solicit or secure this Agreement, and
that it has not paid or agreed to pay any person(s), company, corporation, individual or firm,
other than a bond fide employee working solely for Company, any fee, commission, percentage,
gift, or any other consideration, contingent upon or resulting from the award or making of this
Agreement.
Article 18 Attornevs Pees
Should any dispute arise hereunder, the City shall be entitled to recover against the
Company all costs, expenses and attorney's fees incurred by the City in such dispute, whether
or not suit be brought, and such right shall include all of such costs, expenses and attorney's
fees through all appeals or other actions.
Article 19 Non-Discrimination
Company agrees to comply with all local and state civil rights ordinances and with Title
VI of the Civil Rights Act of 1964 as amended, the Americans with the Disabilities Act of 1990,
the Age Discrimination Act of 1975. Company will not discriminate against any employee or
Ashbritt Contract Page 5 of 8
Emergency Debris
applicant for employment because of race, color, creed, religion, ancestry, national origin, sex,
disability or other handicap, age, marital/family status or status with regard to public assistance.
Company will take affirmative action to insure that all employment practices are free from such
discrimination.
Article 20 Conflict of Interest
Company agrees to adhere to and be governed by the Miami-Dade County Conflict of
Interest Ordinance Section 2-11.11, as amended, which is incorporated by reference herein as if
fully set forth herein, in connection with the Agreement conditions hereunder.
Article 21 Binding Effect
All of the terms and provisions of this Agreement shall be binding upon and inure to the
benefit of the parties hereto, their respective assigns, successors, legal representatives, heirs
and beneficiaries, as applicable.
Article 22 Construction
This Agreement and the terms hereof shall be construed in accordance with the laws of
the State of Florida and venue for all actions in a court of competent jurisdiction shall lie in
Miami-Dade County, Florida.
Article 23 Entire Agreement
No statements, representations, warranties, either written or oral, from whatever source
arising, except as expressly stated in this Agreement, shall have any legal validity between the
parties or be binding upon any of them. The parties acknowledge that this Agreement contains
the entire understanding and agreement of the parties. No modifications hereof shall be
effective unless made in writing and executed by the parties hereto with the same formalities as
this Agreement is executed.
Article 24 Captions and Paragraph Headings
Captions and paragraph headings contained in this Agreement are for convenience and
reference only and in no way define, describe, extend or limit the scope and intent of this
Agreement, nor the intent of any provisions hereof.
Article 25 Joint Preparation
The preparation of this Agreement has been a joint effort of the parties, and the resulting
document shall not, solely as a matter of judicial construction, be construed more severely
against one of the parties that the other. It is the parties' further intention that this Agreement be
construed liberally to achieve its intent.
Article 26 Counterparts
This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original, but all of which shall constitute one and the same agreement.
Article 27 Exhibits are Inclusionarv
Ashbritt Contract Page 6 of 8
Emergency Debris
All exhibits attached hereto or mentioned herein which contain additional terms shall be
deemed incorporated herein by reference. Typewritten or handwritten provisions inserted in this
form or attached hereto shall control all printed provisions in conflict therewith.
Remainder of page left blank
Ashbritt Contract Page 7 of 8
Emergency Debris
IN WITNESS WHEREOF the undersigned parties have executed this Agreement on the
date indicated above.
WITNESSES:
//B- N Bv: /Jgsl^ CO.O.
Print Name: Print Name /
ATTEST:
jDF.fuT'I By:
(JOii-Ronetta Taylor, CMC t^anny^rew
City Clerk CffyManager
Date: tOI Q':> j 96t3>
APPROVED AS TO LEGAL SUFFICIENCY AND FORM:
ITY lA DE
Sonja Dickens, City Attorney
Ashbritt Contract Page 8 of 8
Emergency Debris