HomeMy Public PortalAbout2017 AshBritt First Amendment SeptemberFIRST AMENDMENT TO CONTRACT
BETWEEN
THE VILLAGE OF KEY BISCAYNE
AND
ASHBRITT, INC.
FOR
DISASTER RECOVERY SERVICES
Sr This First Amendment to Contract (the "Amendment") is made and entered into as of this
1 day of September, 2017, by and between the Village of Key Biscayne, a Florida municipal
corporation (the "Village") and Ashbritt, Inc., a Florida corporation (the "Contractor") for the
purpose of approving the use of a subcontractor to assist in the removal of disaster debris
generated from the public right of way.
WITNESSETH:
WHEREAS, the Village and the Contractor entered into a Pre -Event Contract for
Disaster Recovery Services Between the Village and Contractor (the "Contract"), dated August
31, 2017; and
WHEREAS, on September 4, 2017, Florida Governor Rick Scott issued Executive Order
No. 17-235 declaring a State of Emergency due to Hurricane Irma, and on September 6, 2017,
the Village Manager issued a similar Declaration of a State of Emergency; and
WHEREAS, on September 10, 2017, Hurricane Irma caused significant damage that has
resulted in an exorbitant amount of debris, which presents a potential immediate concern to life,
public health and safety within the Village; and
WHEREAS, removing such debris in an expeditious manner is necessary to eliminate
potential conditions that are capable of acting as breeding grounds for mosquitos and other
arthropods carrying viruses, such as the Zika virus; and
WHEREAS, Hurricane Maria, a category 4 hurricane, is currently ravaging the
Caribbean and may come close to the Village, which will further exacerbate the Village's
emergency circumstances because the Village has thousands of cubic yards of debris that could
become airborne as a result of Hurricane Maria's winds threatening public safety and causing
significant damage to property within the Village; and
WHEREAS, as a result of the damage caused by Hurricane Irma and the threat of
I-Iurricane Maria, the Village finds that a public exigency or emergency exists within the Village;
and
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WHEREAS, as such, the parties desire to amend the Contract terms to provide for the
use of a subcontractor to assist in the removal of disaster debris generated from the public right
of way as set forth herein.
IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS HEREIN
EXPRESSED AND THE FAITHFUL PERFORMANCE OF ALL SUCH COVENANTS AND
CONDITIONS, THE PARTIES AGREE AS FOLLOWS:
1. The above recitals are true and correct, and are hereby incorporated by reference.
2. Any capitalized term not otherwise defined herein, shall have the meaning
ascribed thereto in the Contract.
3. Pursuant to Section 2.3.2 of the Contract, the Village and Contractor agree that
the Contractor shall immediately deploy SFM Services, Inc., as a subcontractor to assist in the
removal of disaster debris generated from the public right of way (the "SFM Services"). The
Contractor further agrees that it shall, at a minimum, maintain the existing level of service that is
being provided within the Village, (specifically, the three (3) Russell tandem grapple trucks).
The Contractor represents that SFM is a Responsible Vendor as defined in Section 257.1012(25),
F.S.
4. The parties acknowledge that Miami -Dade County publicly issued Invitation to
Bid Number 6417-0/017 for Hurricane Irma Disaster Debris Removal Services and Request for
Quote Number IRMA-0004F (the "County's Bid"). The parties further acknowledge that SFM
was awarded a contract under the County's Bid for the removal of disaster debris generated from
the public right of way at a Unit Price per Cubic Yard of $15 (the "County's Price"). The
Village agrees to compensate the Contractor for the SFM Services at the County's Price.
5. The Contractor agrees that it will guarantee that SFM will provide at least fifteen
(15) trucks per day, (1) loader for every five (5) trucks. Such trucks shall work for a minimum of
twelve (12) hours per day, unless otherwise agreed to by the Village.
6. All other terms, covenants, and conditions of the Contract not otherwise amended
are hereby confirmed and ratified.
7. This Amendment may be executed in any number of counterparts, each of which,
when executed and delivered, shall be an original, but such counterparts shall together constitute
one and the same instrument. A facsimile copy of this Amendment and any signatures herein
shall be considered for all purposes as originals.
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FIRST AMENDMENT TO CONTRACT BETWEEN THE VILLAGE OF KEY BISCAYNE
AND ASHBRITT, INC. FOR DISASTER RECOVERY SERVICES
IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment
on the respective dates under each signature: Village of Key Biscayne, through its Village
Manager, who authorized to execute this Amendment and Ashbritt, Inc. who is authorized to
execute same, through John Noble, COO.
Key Biscayne, FL
AshBritt, Inc.
e.,,„,6„.,
,
Charles R. Press
Police Chief
Village of Key Biscayne Police Department
John N le
Chief mating Officer
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