Resolution Submitted to City Council

RESOLUTION 06-
A RESOLUTION TO RESTORE TAX DOLLARS TO
THE MARCO ISLAND TREASURY

WHEREAS, The City of Marco Island receives most of it’s funding from taxing It’s residents; and

WHEREAS, The City of Marco Island has contract 05-006 with Quality Enterprises USA, Inc.; and

WHEREAS, Said Contract under Article 13.1 provides for indemnification of the City of Marco Island from said Contractor for all suits and actions including attorneys fees and all costs associated with any action brought against the City as a result of this contract; and

WHEREAS, Said Contract under Article 14 provides that Contractor will comply with, at it’s own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project; and

WHEREAS, Said Contract under Article 29, USE OF PREMISES, said Contractor shall assume full responsibility for any damage to any such land or area, or to the owner of occupant thereof, or any land or areas contiguous thereto resulting from the performance of the work; and

WHEREAS, The City of Marco has expended $175,471 as of September 1, 2006 in cleanup and legal costs for the removal of asbestos from Site-C of the future veterans park.

WHEREAS, The City Council of The City of Marco Island ratified the mediation agreement between C.A.R.E.S., Quality Enterprises USA, Inc., and The City of Marco Island wherein the City agreed to pursue Quality Enterprises USA, Inc. to collect the above sum.

NOW THEREFORE BE IT RESOLVED by the City Council of The City of Marco Island Florida, that the City will immediately file a claim with Quality Enterprises insurance carrier to recover the above mentioned sum, and heretofore enforce all articles of the contract and have the Contractor pay all costs for any subsequent cleanup of asbestos contamination on Marco Island as a result of the Contractors performance under said contract.

Proposed in open and regular session by the City Council of the City of Marco Island this 6th Day of November 2006.

ATTEST:
______________________________________
Laura Litzan; City Clerk


CITY OF MARCO ISLAND, FLORIDA

By:____________________________________
Terri DiSciullo: Council Chairperson


Approved as to Form:

______________________________________
Richard D. Yavonavich: City Attorney