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HomeMy WebLinkAboutBudget Tree Service Inc - Addendum to Agreement for Hurricane Disaster Debris Removal, Reduction, and Disposal - 2020 08 20ADDENDUM TO AGREEMENT FOR HURRICANE/DISASTER DEBRIS REMOVAL, REDUCTION and DISPOSAL THIS ADDENDUM to the Agreement for Hurricane/Disaster Debris Removal, Reduction and Disposal (the "Addendum") is made and entered into this V ` day of August, 2020, by and between the City of Winter Springs, Florida, a political subdivision of the State of Florida (the "City"), 1126 E State Rd 434, Winter Springs, FL 32708 and A BUDGET TREE SERVICE, INC., a Florida corporation ("Contractor"), whose principal address is 710 E. State Road 434, Winter Springs, Florida 32708. WITNESSETH: WHEREAS, the City and Contractor entered into that certain Agreement for Hurricane/Disaster Debris Removal, Reduction and Disposal dated August 21, 2019 ("Agreement"); and WHEREAS, the City and Contractor desire to amend the Agreement to address the fact that the City intends to lease certain private property for the operation and maintenance of temporary staging areas for vegetative storm debris collection and processing; and WHEREAS, Contractor and subcontractors will be required to enter such private property to carry out the purposes of the Agreement in the event of a hurricane, storm event, or similar natural disaster; and NOW, THEREFORE, for and in consideration of the terms and conditions of this Addendum and the mutual covenants set forth herein, and for other good and valuable consideration, the City and Contractor agree as follows: A. Section 10 Amendment. Section 10.0 of the Agreement shall be amended as follows: 10.0 INSURANCE 10.1 Liability Amounts. During the terns of this Agreement, the Contractor shall be responsible for providing the types of insurance and limits of liability as set forth below. a. General Liability. The Contractor shall maintain comprehensive general liability insurance in the minimum amount of $1,000,000.00 as the combined single limit for each occurrence, and $2,000,000.00 in the aggregate, with a deductible no greater than $5,000.00, unless a higher deductible is pre -approved by the City Manager, to protect the Contractor from claims of property damages and personal injury which may arise from any Services performed under this Agreement, whether such Services are performed by the Contractor or by anyone City of Winter Springs and A Budget Tree Service, Inc. Addendum Page 1 of 3 b. Automobile Liability. The Contractor shall maintain comprehensive automobile liability insurance in the minimum amount of $1,000,000 per occurrence combined single limit for bodily injury, including wrongful death, and property damage, which may arise from the ownership, use or maintenance of owned and non -owned automobiles, including rented automobiles, whether such operations be by the Contractor or by anyone directly or indirectly employed by the Contractor. C. Workers' Compensation. The Contractor shall maintain, during the life of this Agreement, adequate Workers' Compensation Insurance and Employers' Liability Insurance in at least such amounts as are required by law for all of its employees performing Work for the City pursuant to this Agreement. 10.2 Special Requirements. Current, valid insurance policies meeting the requirements herein identified be sent to the City thirty (30) days prior to any expiration date. There shall also be a thirty (30) day advance written notification to the City in the event of cancellation or modification of any stipulated insurance coverage. The City shall be an additional named insured on stipulated insurance policies included in article 10.1.a and 10.1.b hemin. In addition, the Contractor agrees that any private property owner owning property that is to be used as a temporary debris collection and processing site pursuant to a lease or other agreement with the City shall be an additional named insured on stipulated insurance policies included in article 10.1.a and 10.1.b herein. The City shall promptly inform the Contractor of any new leases which may require procurement of an additional insured endorsement. 10.3 The insurance required by this Agreement shall include the liability and coverage provided herein, or as required b law, whichever re uirem,ents afford greater covera sTcn insTrInce, and the City may hill the Contractor. The Contractor shall immediately forward funds to the City in full payment for said insurance. It is expressly agreed that neither the provision of the insurance referred to in this Agreement nor the City's acceptance of the terms, conditions or amounts of any insurance policy shall be deemed a warranty or representation as to adequacy of such cove e. All ins U J] Lt City of Winter Springs and A Budget Tree Service, Inc. Addendum Page 2 of 3 Agreement. Further copies of all relevant policies will be provided to the City within thirty (30) days of the effective date of this agreement. If the City has any objection to the coverage afforded by or other provision of the insurance required to be purchased and maintained by the Contractor in accordance with this Article on the basis of its not complying with the Agreement, the City shall notify the Contractor in writing thereof within thirty (30) days of the date of delivery of such certificates to the City. For all Work performed pursuant to this Agreement, the Contractor shall continuously maintain such insurance in the amounts, type and quality as required by the Agreement. 10.4 Independent Associates and Contractors. All independent associates and contractors employed by the Contractor to perform any Services hereunder shall fully comply with the insurance provisions contained in this paragraph. B. EFFECTIVENESS. Except as amended herein, the Agreement shall remain in full force and effect. This Addendum shall not be effective and binding until the latest date that this Addendum is approved and signed by all parties hereto. The term of this Addendum shall run concurrently with the term of the Agreement. IN WITNESS WHEREOF, Contractor and the City have executed this Addendum as of the day and year first above written. CITY: CITY OF WINTER Shawn Boyle, _- Date: ATTEST: Christian Gowan, Interim" City Clerk CONTRACTOR: A BUDGET TREE SERVICE, INC. Printed Name -Old .... _.._ wy" Title. Date:-_ - M 'zo d City of Winter Springs and A Budget Tree Service, Inc. Addendum Page 3 of 3 No Text