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R07-084 11 1 2 RESOLUTION NO. R- 07-0SL.{ 3 4 A RESOLUTION OF THE CITY COMMISSION OF 5 THE CITY OF BOYNTON BEACH, FLORIDA, 6 APPROVING A THREE (3) YEAR AGREEMENT 7 WITH PHILLIPS & JORDAN, INC., FOR DEBRIS 8 COLLECTION AND DISPOSAL BEGINNING THE 9 2007 HURRICANE SEASON; PROVIDING AN 10 EFFECTIVE DATE. 11 12 WHEREAS, due to the critical nature of this service it is imperative to have a 13 contract in place in order to avoid delays should there be a hurricane/disaster/emergency 14 situation; and 15 WHEREAS, The RFP # 00-240/JMD is to be utilized as an insurance policy on an 16 "as needed basis". Contract for debris collection and disposal is reimbursable through 17 FEMA. 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 19 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 20 Section 1. Each Whereas clause set forth above IS true and correct and 21 incorporated herein by this reference. 22 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 23 approves a three (3) year Contract with Phillips & Jordan, Inc., of Robinsville, North 24 Caroline for debris collection and disposal beginning the 2007 hurricane season, a copy of 25 which is attached hereto as Exhibit "A", 26 Section 3. That this Resolution shall become effective immediately. S:\CA\RESO\Agreements\Bid Awards\Phillips & Jordan Debris removal (2007 3 yr).doc , , 2 PASSED AND ADOPTED this ~ day of August, 2007. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ATTEST: C~-:- 22 23 /- \.J1/\ /).' 24 /<:.': " - . 11 J. I .~Lt...t.1U. 25 / J t M. Prainito, CMC 26 '-C" y Clerk 27 28 29 30 31 32 CITY OF BOYNTON BEACH, FLORIDA ----,.- .,....,. .-.---" S:\CA\RESO\Agreements\Bid Awards\Phillips & Jordan Debris removal (2007 3 yr).doc AGREEMENT R07-0BL/ THIS IS AN AGREEMENT, dated this 7th day of August, 2007, by and between: CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter "City", and PHILLIPS & JORDAN, INC., a North Carolina corporation authorized to do business in the state of Florida, FEIN 56-0694573, hereinafter "Contractor" . WHEREAS, the City has the need to procure the services of a qualified contractor to provide hurricane/disaster debris collection, removal, reduction, and disposal ("Services"); and WHEREAS, Solid Waste Authority of Palm Beach County ("SW A") competitively bid for these Services under RFP 07-224/JMD (Contract No. 07-240); and WHEREAS, Contractor submitted a bid in response to the SW A Request for Proposal; and WHEREAS, after receipt of said proposal from Contractor, SW A entered into a three- year contract with Contractor to provide services, said Contract having an effective date of June 14, 2007, copies of which are attached hereto and made a part hereof as composite Exhibit "A" ("SW A Contract"); and WHEREAS, the City of Boynton Beach has reviewed the scope of services of the competitively bid SW A 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 SW A Contract authorizes the Contractor to enter into an agreement with the City under a piggybacking arrangement; and WHEREAS, Contractor has agreed to honor the prices and terms and conditions of the SW A Contract in performing Services for the City; and WHEREAS, City desires to retain the Contractor based on the SW A Contract; and WHEREAS, at its meeting of August 07, 2007, the City Commission of the City of Boynton Beach authorized the proper City officials to enter into an Agreement with Contractor; and s:\Procurement Srvs\WPVanet's Folder\Piggyback (debris remvoal)Contract.doc 1 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 Composite Exhibit "A" is the SW A Contract referred to above. The prices, terms and conditions of this SW A Contract shall govern the relationship between the City and Contractor, except as amended below: A. The term of this Agreement shall be from June 14,2007 through June 13,2010. B. The City has an option to extend the Agreement for an additional one (1) three (3) -year term from June 14,2010 through June 13,2013 at the request and discretion of the City. C. Notice to the City, for purposes of Article 27 of the SW A Contract 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 SW A Contract, are hereby ratified "and shall govern the relationship between the City and Contractor". IN WITNESS OF THE FOREGOING, the parties have hereunto set their hands and seals on the dates written below. CITY OF BOYNZEACH BY: /~ . ;:;'''tv.-r &<<<<_ CITY 1\NAGER S:\Procurement Srvs\WPVanet's FoJder\Piggyback (debris remvoal)Contract.doc 2 ~ WITNESSED BY: PHILLIPS & JORDAN, INC. ~~ ~~~~ BY: >2l// ~ - BeR R. 'fUIllt::I, Flc.~idcnt ~~~ SO\.. ~~ t" ~\ ~ \~ ~~S\-. \J ~c..~ \J( u ~ ~ ~'^--\ H:/1990/900182.bb/agmt/piggyback (debris removal).doc "".....",'t ~",~ &. JORQ """ ~.....~q, .....-......~~ ~'..... ~ ~ .e ,.. ~ ~ .. ...., .. · ';,z,- i:t I ,.,O~PORAr~ \ (') \ .....v :. . ~o.. \ SEAL 1 S .. . ..,...= ~ .,t\ e. . "" .. f/1) - J"., .. .. ~ ~ -:, 0 .. .. ~ " ~b.........\ <(;., ....:0 "'" Q'INS\J\\.V ",,,, 'I ", '",u"",' S:\Procurement Srvs\WPVanet's Folder\Piggyback (debris remvoal)Contract.doc 3