Item M4County of Monroe BOARD COUNTY COMMISSIONERS
Mayor Ge Neugent, District 2
The Florida Keys Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District 1
Heather Cafruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
September 27, 2017
Agenda Item Summary #3431
ADD ON DAY OF MEETING: WILL BE M -4
BULK ITEM: No DEPARTMENT: Engineering / Roads
TIME APPROXIMATE: STAFF CONTACT: Judith Clarke (305) 295 -4329
N/A
AGENDA ITEM WORDING: Discussion and direction regarding contract with AshBritt, Inc for
Disaster Response and Recovery Services for debris removal.
ITEM BACKGROUND: As a result of a competitive solicitation process, the County awarded
Ashbritt, Inc. ( "Ashbritt ") the contract and entered into an agreement on June 21, 2017 for Disaster
Response and Recovery Services, which includes debris removal services. Due to the extraordinary
damage left by Hurricane Harvey and Hurricane Irma, Ashbritt has encountered difficulty in
procuring the necessary equipment and subcontractor services for debris removal is challenging.
While Ashbritt is partially performing under the terms of the contract (i.e., Ashbritt has mustered
less 20 percent of the 200 trucks it is obligated to provide for a Category 4 storm), Ashbritt has
represented that it would be in a better position to fully perform including the 200 trucks if it
received a price adjustment. The proposed price adjustment is in the proposed amendment to the
contract, which is attached as back up. Ashbritt has requested the adjustment due to the unforeseen
market conditions and has committed to revisiting the rate structure once the market conditions
normalize in the next 30 days.
The presence of providers under contract with the Florida Department of Transportation has
complicated the situation because those contractors are reportedly syphoning off subcontractors that
Ashbritt would normally rely upon to meet its contract obligations because FtibOT negotiated
reimbursement rates in their contracts which are more lucrative to the contractors than the prices
included in the County's contract with Ashbritt. The Governor has indicated that he will not
authorize FDOT's contractors to replace Ashbritt in its entirety and relieve the County of
responsibility for debris removal on County roads altogether. Currently, FDOT contractors are
reportedly removing the more lucrative large piles of debris, leaving Ashbritt to clean up the less
lucrative scraps.
The County has the following options to consider, which are not necessarily mutually exclusive:
1) Proceeding under the existing rates in the agreement with Ashbritt
2) Adopting an amendment to the contract which increases the prices.*
3) Declaring Ashbritt in default and terminating the agreement for cause. **
4) Authorizing staff to issue an Emergency RFP to solicit additional and/or replacement
contractors. * *
5) Working with FDOT to coordinate areas of responsibility between their contractors and
the County's contractor(s).
*There is a risk that FEMA will not reimburse the County for the adjusted rate requested by
Ashbritt. Federal Regulations [2 CFR 200.320(f)] potentially authorize reimbursement for
these increased rates but staff's efforts to secure approval from FEMA of the proposed
increase rates have been unsuccessful to date.
** Staff cautions against simply declaring the contractor in default while seeking bids from
other qualified bidders because this will result in unnecessary delays in the removal of debris.
Moreover, market conditions are such that there is no certainty that a competitive solicitation
will result in lower prices than the existing rates or more trucks. In short, there is no
guarantee that any replacement contractor(s) will be in a better position to perform than
Ashbritt.
PREVIOUS RELEVANT BOCC ACTION: BOCC awarded the contract and approved the
Agreement for Disaster Response and Recovery Services with AshBritt, Inc. at its June, 21, 2017
meeting.
CONTRACT /AGREEMENT CHANGES:
Potential changes to Certain Unit Prices
STAFF RECOMMENDATION: Based upon current information, staff recommends option 1.
DOCUMENTATION:
Proposed Amendment 1 to AshBritt contract
FINANCIAL IMPACT:
Effective Date: 9/27/17
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds: potential FEMA & State Funds
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
N/A
REVIEWED BY:
Bob Shillinger
Completed
09/26/2017 3:44 PM
Judith Clarke
Skipped
09/25/2017 5:29 PM
Christine Limbert
Skipped
09/25/2017 5:29 PM
Budget and Finance
Skipped
09/25/2017 5:27 PM
Maria Slavik
Skipped
09/25/2017 5:27 PM
Kathy Peters
Completed
09/26/2017 3:52 PM
Board of County Commissioners
Pending
09/27/2017 4:00 PM
AMENDMENT 1 TO THE AGREEMENT FOR
DISASTER RESPONSE AND RECOVERY SERVICES
THIS AMENDMENT 1 to the Agreement for Disaster Response and Recovery Services
is entered into this 27th day of September, 2017 between Monroe County, whose address
is 1100 Simonton Street, Room 2 -216 Key West, Florida 33040, hereafter the "County ",
and AshBritt, Inc., a Corporation of the State of Florida, whose address is 565 E
Hillsboro Boulevard, Deerfield Beach, Florida 33441, its successors and assigns,
hereinafter referred to as "CONTRACTOR ".
WHEREAS, the County and Contractor entered into a contract on June 21, 2017
( "Contract ") for Disaster Response and Recovery Services after conducting a competitive
solicitation whereby Contractor was the highest ranked respondent; and
WHEREAS, on September 4, 2017, Governor Scott declared a State of
Emergency under Executive Order Number 17 -235; and
WHEREAS, on or about September 9th, 2017, Hurricane Irma, a major
hurricane, made landfall in Monroe County causing wide spread damage in the Keys; and
WHEREAS, Hurricane Irma continued to cause wide- spread damage across the
State of Florida; and
WHEREAS, Hurricane Harvey, another major hurricane, had struck the State of
Texas several weeks earlier causing damage to that area of the United States; and
WHEREAS, the effects from Hurricane Harvey and Hurricane Irma have caused
damage across the State of Florida and Texas which has resulted in a need for equipment
and resources to perform disaster response and recovery services; and
WHEREAS, 2 CFR 200.320(f) allows for procurement by noncompetitive
proposals when public exigency or emergency for the requirement will not permit a delay
resulting from competitive solicitation; and
WHEREAS, while the Contractor has been performing under the contract, due to
the conditions of limited resources and escalating market rates, the rates that were
previously established by the competitive solicitation are not sufficient at this time to
procure the equipment and services needed to expeditiously remove debris in order to
mitigate and avoid threats to life, public health and safety and to promote the economic
recovery of the community; and
WHEREAS, the Contractor represents that this amount of wide spread damages
to the State of Texas and Florida resulting from two major hurricanes could not be
anticipated at the time of this procurement; and
WHEREAS, it is most cost effective and expedient to use our already mobilized
Contractor who has begun debris collection activities, but utilize these amended rates at
this time to so the Contractor can procure adequate equipment and resources in an
accelerated manner as needed under the current market conditions that exist due to the
public exigency and emergency created by Hurricane Irma and Harvey; and
WHEREAS, it is expected that these market conditions causing the established
rates set forth herein will continue for the next 30 and the County will require further
justification for the price adjustments made herein after 30 days and expects for
readjustment(decrease) of the prices to be made at that time in accordance with market
conditions;
NOW THEREFORE, in consideration of the mutual covenants and provisions
contained herein, the parties agree as follows:
1. Attachment A Scope of Work and Pricing shall be revised as follows:
Description
Unit
Original Price
Adjusted
Price
Collect and Haul Vegetative Debris
CYD
$3.50
0 - 15 miles
CYD
$7.75
$8.75
15.1- 30 miles
CYD
$11.50
> 30 miles
CYD
$15.95
$17.95
Collect and Haul Non - Vegetative
C &D Debris
CYD
1 $25.00
0 - 15 miles
CYD
$7.75
$12.00
15.1- 30 miles
CYD
$11.50
$14.50
> 30 miles
CYD
$15.95
$17.95
Collect and Haul White Goods
0 - 15 miles
EACH
$10.00
15.1- 30 miles
EACH
$25.00
> 30 miles
EACH
$50.00
Uncleaned refrigerators and freezers
EACH
$50.00 (new price
category)
(for 0 -15 miles, 15.1 -30 miles and > 30
miles
Collect and Haul Electronic Waste (e-
waste
0 - 15 miles
CYD
$80.00
15.1- 30 miles
CYD
$100.00
> 30 miles
CYD
$150.00
Collect and Haul Household
Hazardous Waste
0 - 15 miles
CYD
$30.00
15.2- 30 miles
CYD
$45.00
> 30 miles
CYD
$65.00
Collect and Haul Seaweed
0 - 15 miles
CYD
$25.00
15.3- 30 miles
CYD
$25.00
> 30 miles
CYD
1 $35.00
Debris Site Management
Unit
Original Price
Adjusted
Price
Vegetative
CYD
$3.50
Non-vegetative
CYD
$3.50
$4.75
White goods
Each
$3.75
Household haz waste
CYD
$19.00
Electronic waste
CYD
1 $25.00
2
Seaweed
I CYD
$6.50
White goods — refrigerators only
Each
$8.00
1 $12.50
Haul Out to Final Disposal
0 -60 miles
CYD
$8.00
$24.00
61 -100 miles
CYD
$6.00
$24.00
101 -130 miles
CYD
$8.00
$24.00
Greater than 130 miles
CYD
$12.25
$24.00
White goods
Each
$50.00
Hazardous Tree and Hanging Limb
Removal
Tree Limb Removal
Per Tree
$95.00 (per
$95.00 (per
(previously,
limb)
tree
p er limb
Any prices not changed in the chart above shall remain as stated in the original
Contract.
2. In Attachment A, paragraph (1)C., the seventh bullet point is amended to read as
follows:
• Vegetative Debris reduction shall be performed by burning at
the TDSR site only.
3. In Attachment A, paragraph (2)C., the following sentence is added:
The Contractor shall maintain a minimum of 200 trucks in the County until
the debris removal and hauling services are certified as complete by the
County.
4. The County will require further justification after 30 days for price adjustments
made herein and expects for the prices to readjust (decrease) in accordance
with market conditions and be revised by subsequent amendment to the
contract.
5. In all other respects the Contract dated June 21, 2017 remains in full force and
effect.
3
In WITNESS WHEREOF each party hereto has caused this Amendment to be executed
by its duly authorized representative.
(SEAL) MONROE COUNTY
Attest: KEVIN MADOK, CLERK
By:
Deputy Clerk
(SEAL)
Attest:
By:
Title
By:
Mayor /Chairman
AshBritt, Inc.
By:
Title
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