Loading...
2006-004 Memo of Understanding GT SuppliesRESOLUTION N0.2006-04 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER INTO THE MEMORANDUM OF UNDERSTANDING WITH GT SUPPLIES, INC., ATTACHED AS EXHIBIT "A", WHICH MEMORANDUM OF UNDERSTANDING PROVIDES THE VILLAGE WITH THE SERVICES OF LOADING AND TRANSPORTING STORM DEBRIS GENERATED BY HURRICANE WILMA; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council ofthe Village ofNorth Palm Beach, Florida, does hereby approve the Memorandum of Understanding with GT Supplies, Inc., attached as Exhibit "A", which Memorandum of Understanding provides the Village with the services of loading and transporting storm debris generated by Hurricane Wilma. Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the Memorandum ofUnderstandmg with GT Supplies, Inc., set forth in Exhibit "A" for and on behalfof the Village of North Palm Beach. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 12th DAY OF JANUARY, 2006. ATTEST: ~ . ~`~~~ VILLAGE CLERK MEMORANDUM OF UNDERSTANDING LOADING and TRANSPORTATION of STORM DEBRIS GENERATED by HURRICANE WILMA This Memorandum of Understanding is dated this 25th day of October, 2005 by and between GT Supplies, Inc. ("GTS"), a Florida corporation, and The Village of North Palm Beach ("NPB"). WHEREAS, NPB desires that GTS provide loading and transportation services of storm debris generated by Hurricane Wilma, to an approved disposal/storage facility. WHEREAS, GTS desires to provide loading and transportation services for such debris. WHEREAS, the parties desire to memorialize their agreement as set forth herein. NOW, THEREFORE, in consideration of these premises and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. DEBRIS AND SERVICES. GTS shall provide loading and transportation of: a) vegetation b) construction debris, and/or c) mixed vegetation/construction debris from the sites designated by NPB to a designated disposal/storage site. 2. COMPENSATION. GTS agrees to offer a rate of $5.00 per cubic yard to haul such storm debris. All equipment will be owned by GT Supplies, Inc., operated by its employees and will be outfitted with the necessary equipment to perform the required services. 3. INDEMNITY. GT Supplies, Inc. agrees to indemnify and save and hold harmless State of Florida, Department of Community Affairs, Village of North Palm Beach, its counsel, employees and agents, harmless of and from any and all claims, costs, losses and damages pursuant to or as a result of the performance of this Agreement by GT Supplies, Inc., which indemnification shall include, but not be limited to, a reasonable attorneys fees and all cost in Village defending itself both at the trial and appellate levels. 4. TERM. The term of this Memorandum of Understanding shall continue for such period as is necessary or convenient to transport all storm debris. IN WITNESS WHEREOF, this Memorandum of Understanding is executed by the authorized representatives of the parties as of the day and year first above written. GT Supplies, Inc. ---.. By: ~ > The Villag By: PAYMENT TERMS ~ ~~,7/06 GTS shall tender NPB a statement of the compensation due GTS upon completion. All monies due GTS hereunder shall be paid in full within 30 days after completion of the loading and transportation activities by GTS. NPB shall pay interest on the unpaid balance at a rate of 1.5% per month not to exceed the highest lawful rate. In the event that GTS engages in collection activities due to NPB non-payment and GTS is the prevailing party, NPB shall pay GTS reasonable attorneys' fees and costs relating to any collection activities. c%x~--