HomeMy WebLinkAboutRES 08-283 RESOLUTION NO. 08-283
WHEREAS, by Resolution No. 06-152 dated May 23, 2006, the City Council of the
City of Beaumont awarded a five(5)year contract to Garner Environmental Services, Inc.,
of Deer Park, Texas, with a renewal option of an additional five (5) subject to mutual
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agreement by both parties, for furnishing emergency standby products and services, as
needed, in the event of a declared disaster; and
WHEREAS, Garner Environmental Services, Inc., has failed to comply with the
terms and conditions of the contract by its failure to deliver needed items within seventy-
two (72) hours of placement of an order by the City of Beaumont made necessary by
Hurricane Ike; and
WHEREAS, the City of Beaumont desires to terminate the contract with Garner
Environmental Services, Inc., awarded by Resolution No. 06-152, based upon Garner
Environmental Services, Inc.'s failure to comply with the terms and conditions of said
contract;
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Manager is authorized to terminate the five (5) year contract with Garner
Environmental Services, Inc., for furnishing emergency standby products and services in
the event of a declared disaster.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21St day of
October, 2008.
1111
Mayor Pro Tem Audwin Samuel -
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RICH WITH OPPORTUNITY
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November 21,2008
ATTN: John Temperilli Copy via Fax 832-201-8598
Garner Environmental Services, Inc. Original via Certified Mail
1717 W. 13'h Street Certificate No. 7004 2510 0004 0121 5523
Deer Park,TX 77536 Copy via First Class Mail
RE: Emergency Standby Products& Services
Bid No.BF0406-43
Dear Vendor:
On October 21,2008,by Resolution No.08-283,the City Council of the City of Beaumont voted to terminate the five
(5)year contract with Garner Environmental Services,Inc. for Emergency Standby Products& Services.
This letter will serve as notification that, effective immediately, the City of Beaumont is hereby terminating the
referenced contract, originally executed on June 30,2006.
This action is made necessary due to Garner's failure to adhere to the requirements of the contract during the aftermath
of Hurricane Ike. Required items in the push package were not received within 72 hours and services were not up to
normal standards. It became evident after the requested items in the push package were not received within 72 hours
that Garner would be incapable of adequately meeting the needs of the City during times of declared emergencies. The
City incurred considerable expense arranging for alternative services which was contracted to Garner to provide. This
caused a hardship to the City of Beaumont and placed the City in a compromising position in a time of peril as it
worked diligently to bring the community back to a state where it would be safe and habitable for our citizens.
If you have any questions,please do not hesitate to contact me.
Sincerely,
Kyle Hayes
City Manager - --
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cc: City Attorney
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Jefferson County,County Judge,The Honorable Ronald L.Walker
Chambers County,County Judge,The Honorable Jimmy Sylvia
Office of the City Manager 409.880.3708 Fax 409.880.3 112
P.O. Box 3827 Beaumont,Texas 77701-3827