R07-107
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2 RESOLUTION NO. R-07 -{07
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4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 APPROVING THE PIGGY-BACKING OF A CITY OF
7 PORT ST. LUCIE CONTRACT WITH ARBOR TREE &
8 LAND, INC., D/B/A ATL DISASTER RECOVERY FOR
9 A TWO (2) YEAR PERIOD FOR VARIOUS SERVICES
10 THAT MAY BE NEEDED FOR DISASTER
11 RECOVERY BEGINNING SEPTEMBER 1, 2007;
12 AUTHORIZING THE CITY MANAGER TO EXECUTE
13 A CONTRACT BETWEEN THE CITY OF BOYNTON
14 BEACH AND ARBOR TREE & LAND, INC., D/B/A
15 ATL DISASTER RECOVERY; PROVIDING AN
16 EFFECTIVE DATE.
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18 WHEREAS, the City of Boynton Beach has the need to procure the services, on an
19 "as needed basis" of qualified contractors to provide emergency debris collection and
20 removal services in the event of a hurricane landfall, or other natural and/or manmade
21 disasters; and
22 WHEREAS, The City of Port St. Lucie, Florida competitively bid for these services
23 under Bid Specifications #20070060; and
24 WHEREAS, the City of Boynton Beach desires to retain the services of Contractor
25 based on the Port St. Lucie Contract; and
26 WHEREAS, the Contract for debris collection and disposal is reimbursable through
27 FEMA.
28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
30
Section 1.
Each Whereas clause set forth above IS true and correct and
31 incorporated herein by this reference.
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Section 2.
The City Commission Of The City Of Boynton Beach, Florida,
2 Hereby Approves the piggy-backing of a City Of Port St. Lucie Contract with Arbor Tree &
3 Land, Inc., DIB/ A At! Disaster Recovery for a two (2) year period for various services that
4 may be needed for disaster recovery beginning September 1, 2007;
5
Section 3.
The City Commission of the City of Boynton Beach hereby
6 authorizes the City Manager to execute a Contract between the City of Boynton Beach and
7 Arbor Tree & Land, Inc., DIB/ A At! Disaster Recovery, a copy of which is attached hereto
8 as Exhibit "A".
9
Section 4.
That this Resolution shall become effective immediately.
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PASSED AND ADOPTED this ~ day of September, 2007.
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28 ATTEST:
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CITY OF BOYNTON BEACH, FLORIDA
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R07- 101
AGREEMENT
THIS IS AN AGREEMENT, dated this ~day Of~, 2007, by and between:
CITY OF BOYNTON BEACH, a municipal
corporation of the State of Florida, hereinafter
referred to as "City",
and
ARBOR TREE & LAND, INC., doing business as
A TL Disaster Recovery, a Florida corporation
authorized to do business in the State of Florida,
with addresses of P.O. Box 1387, Boynton Beach,
Florida 33425 and 5796 Western Way, Lake Worth,
Florida 33463, hereinafter referred to as
"Contractor" .
WHEREAS, the City has the need to procure the services, on an "as needed basis" of
qualified contractors to provide emergency debris collection and removal services ("Services")
in the event of a hurricane landfall, or other natural and/or manmade disasters; and
WHEREAS, the City of Port S1. Lucie, Florida competitively bid for these Services
under Bid Specifications #20070060; and
WHEREAS, Contractor submitted a bid in response to the City of Port S1. Lucie Request
for Bids, and
WHEREAS, after receipt of said bid from Contractor, the City of Port S1. Lucie entered
into a twenty-four (24) month contract with Contractor to provide Emergency Debris Collection
and Removal Services, said Contract having an effective date of September 1, 2007 and a
termination date of August 31, 2009, and attached hereto and made part hereof as Exhibit "A"
("Port S1. Lucie Contract"); and
WHEREAS, the City has reviewed the scope of services of the competitively bid Port S1.
Lucie Contract, and has determined that it is an agreement that can be utilized by the City to
provide said Services to the City of Boynton Beach; and
WHEREAS, the City of Port S1. Lucie has provided a letter of approval granting the City
permission to "piggy-back" the Port S1. Lucie Contract, a copy of the approval letter is attached
hereto and made part hereof as Exhibit "B"; and
WHEREAS, Contractor has agreed to honor the prices and terms and conditions of the
Port S1. Lucie Contract in performing said Services for the City; and
WHEREAS, City desires to retain the services of Contractor based on the Port S1. Lucie
Contract; and
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WHEREAS, at its meeting of September 19, 2007, , the City Commission of the City of
Boynton Beach authorized the proper City officials to enter into an Agreement with Contractor
by piggybacking the Port St. Lucie Contract; and
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, and other good and valuable consideration, the receipt and adequacy of which are
acknowledged, the parties agree as follows:
Section 1. The foregoing recitals are true and correct and are hereby incorporated
into this Agreement.
Section 2. Attached hereto and made a part hereof by reference as Exhibit "A" is the
Port St. Lucie Contract referenced above. The prices, terms and conditions of this Port St. Lucie
Contract shall govern the relationship between the City and Contractor, except as amended
below:
A. The Scope of Services for work to be performed under this Agreement shall be as
set forth in Exhibit "A", except said services shall be performed in and for the
City of Boynton Beach.
B. Contractor shall perform the services in and for the City of Boynton Beach as
detailed in the Port St. Lucie Contract utilizing the prices set forth in Exhibit "A".
C. The "CONTRACT SUPERVISOR" as used in the Port St. Lucie Contract shall
mean Jeffrey Livergood, Public Works Director, or his designee.
D. As provided in Section II, the Port St. Lucie Contract term period shall commence
on the date this Agreement is executed by the City and terminate on August 31,
2009.
E. As provided in Section XVII of the Port St. Lucie Contract, the venue of any
action taken to enforce this Agreement shall be in Palm Beach County, Florida.
F. Contractor shall provide City with proof of insurance as required by the Port St.
Lucie Contract naming the City of Boynton Beach as the "Additional Insured"
and providing the City with all the same endorsements provided to the City of
Port St. Lucie in the Port St. Lucie Contract.
G. All Notices to the City shall be sent to
City of Boynton Beach
Attn: City Manager
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33425
Section 3. In all other respects, the terms and conditions of the Port St. Lucie
Contract, are hereby ratified and shall remain in full force and effect under this "piggybacking"
arrangement, as provided by their terms.
IN WITNESS OF THE FOREGOING, the parties have hereunto set their hands and seals
on the dates written below.
CITY OF B~~O:BEACH
BY: ~
KURT BRESSNER
CITY MANAGER
Approved as to form:
BY:
WITNESSED BY:
ARBOR TREE LAND, INC. D/B/A
ATL DISASTER RECOVERY
BY:~~~~"'~~
President
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NOTARY'S SEAL:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing Agreement was acknowledged before me this V S day of ~&~
2007, by W\u....,'^M P. tmP~s of ARBOR TREE LAND, INC. d/b/a ATL
DISASTER RECOVERY, who is personally known to me, and who has affirmed that he/she has
been duly authorized to execute the abov~ent on behalf 0 corporation.
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The City of Boynton Beach
RECEi\lt:.:.3---
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City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.f1.us
www.boynton-beach.org
SEP 2 I 2007
.;'.. ENGINEERING
MEMORANDUM
RECEIVED
s~p Z4 lUUI
PUBUC WORKS
TO:
Jeff Livergood
Director, Public Works
FROM:
Janet M. Prainito
City Clerk
SUBJECT:
R07-107 - Arbor Tree & Land Contract
Co ~
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DATE:
September 21, 2007
Attached for your information and files is a partially executed original of the above-mentioned
Contract and a copy of Resolution R07-107. Please obtain required signatures and return the
original or a copy to this office for central file.
If you have any questions or concerns, please do not hesitate to contact me.
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Attachment
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