HomeMy Public PortalAbout2003-02 Agreement with Coastal Building MaintenanceRESOLUTION NO. 2003-2
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE THE ATTACHED SERVICE AGREEMENT ON
BEHALF OF THE VILLAGE, WITH COASTAL BUILDING
MAINTENANCE; PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. That the Village Manager is hereby authorized to execute a Service
Agreement, on behalf of the Village, with Coastal Building Maintenance for custodial services for
Village Hall.
Section 2. That the Agreement, in substantially the form attached, is hereby approved
and the Village Manager, Village Clerk and the Village Attorney, in their respective capacities are
authorized and directed to execute the Agreement on behalf of the Village and are authorized to take
any and all action necessary to immediately implement all of the purposes and intent of this
Resolution are authorized to make revisions to such agreement as are deemed necessary and proper
for the best interests of the Village of Key Biscayne.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 14th day of January , 2003.
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MAYOR ROBERT OLDAKOWSKI
dONCHITA H. ALVAREZ, CMC, VILLAGE CLERK
APPROVED AS TO F 1 ' AND LEGAL SUFFICIENCY:
RICHARD J. IS . IL A TO
VILLAGE OF KEY BISCAYNE
AGREEMENT
FOR
JANITORIAL SERVICES
THIS AGREEMENT made and entered into this ��/� day of January, 2003, by and
between the VILLAGE OF KEY BISCAYNE (the " VILLAGE") and COASTAL BUILDING
MAINTENANCE, INC., a Florida corporation, (the " CONTRACTOR").
RECITALS:
The VILLAGE wants to engage the CONTRACTOR to perform certain janitorial and
cleaning services (the " Specified Services"), all as specifically described in the bid specifications
of VILLAGE for this Agreement. The CONTRACTOR wants to provide such Specified
Services.
In consideration of the mutual covenants set forth in this Agreement, the parties agree as
follows:
1. SCOPE OF SERVICES
The CONTRACTOR agrees to perform the Specified Services at the VILLAGE' s new
Government Center complex, consisting of the Police Station, Fire Station, Village
Administrative Office, in accordance with the terms and conditions of this Agreement.
2. FEES FOR SERVICES
As full compensation for performance of the Specified Services, CONTRACTOR shall be
paid a fee of $1,150.00 per month, pursuant to monthly invoices. Invoices shall be paid
by VILLAGE within fifteen (15) days of receipt.
3. TERM
Unless earlier terminated pursuant to paragraph 7, this Agreement shall be effective for a
term of one (1) year, subject to annual renewal upon mutual written agreement of the
parties.
4. INSURANCE; INDEMNIFCATION
4.1 Insurance. The CONTRACTOR shall at all times carry comprehensive general
liability insurance, public liability and property damage insurance, with minimum
policy limits in the amount of THREE HUNDRED THOUSAND AND 00/100
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DOLLARS ($300,000.00) per occurrence. The Village shall be named as an
additional insured on all of the above insurance policies. CONTRACTOR shall
also carry worker' s compensation insurance pursuant to Chapter 440, Florida
Statutes, unless exempted thereunder. Each insurance policy shall state that it is
not cancelable without written notice to the VILLAGE 30 days prior to the
effective date of said cancellation. CONTRACTOR shall also carry the special
insurance provided through the BSCAI, as described in Exhibit " A" attached
hereto. Upon execution of this Agreement, CONTRACTOR shall provide
VILLAGE with evidence of compliance with the foregoing insurance
requirements.
4.2 Indemnification. CONTRACTOR shall defend, indemnify, and hold harmless
VILLAGE from any claim, demand, suit, loss, cost, expense, or damage which
may be asserted, claimed or recovered against or from VILLAGE by reason of
any property damage or bodily injury, including death, sustained by any person
whomsoever, which said claim, demand, suit, loss, cost, expense or damage
arises out of or is related to or in any way connected with this Agreement or the
performance of the Specified Services. The above covenant to defend,
indemnify and hold harmless VILLAGE, shall include the VILLAGE, its
officers, agents and employees. This clause shall survive the termination of this
Agreement.
5. ASSIGNMENT
This Agreement shall not be assignable by either party.
6. PROHIBITION AGAINST CONTINGENT FEES
The CONTRACTOR warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the CONTRACTOR, to
solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s),
company, corporation, individual or firm, other than a bona fide employee working solely
for the CONTRACTOR any fee, commission, percentage, gift, or any other
consideration, contingent upon or resulting from the award or making of this Agreement.
7. TERMINATION
This Agreement may be terminated, at any time, by either party, at either party' s sole
discretion, upon thirty (30) days advance written notice.
8. NONEXCLUSIVE AGREEMENT
The services to be provided by the CONTRACTOR pursuant to this Agreement shall be
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nonexclusive and nothing herein shall preclude the VILLAGE from engaging other firms
to perform the same or similar services for the benefit of the VILLAGE within the
VILLAGE's sole and absolute discretion.
9. PROTECTION CLAUSE
VILLAGE shall not hire any employee of CONTRACTOR to perform janitorial work
directly as an employee or contractor of VILLAGE during the term of this Agreement
and for two (2) years after the termination of this Agreement.
10. ENTIRE AGREEMENT
The parties hereby agree that this Agreement is the entire agreement between the parties
with respect to the subject matter hereof. This Agreement cannot be amended or
modified without the express written consent of the parties. The Village Manager shall
act for VILLAGE hereunder.
11. WARRANTIES OF CONTRACTOR
The CONTRACTOR hereby warrants and represents that at all times during the term of
this Agreement it shall maintain in good standing all required licenses, certifications and
permits required under Federal, State and local laws necessary to perform the Specified
Services.
12. ATTORNEYS FEES
In connection with any litigation arising out of this Agreement, the prevailing party shall
be entitled to recover its actual reasonable attorneys fees and costs at both the trial and
appellate levels.
13. NOTICES
All notices and communications to the parties shall be in writing and shall be deemed to
have been properly given if transmitted by registered or certified mail or hand delivery.
All notices and communications shall be effective upon receipt. Notices shall be
addressed as follows:
Village:
Jacqueline R. Menendez
Village Manager
Village of Key Biscayne
88 West McIntyre Street
Key Biscayne, FL 33149
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With a copy to:
CONTRACTOR:
14. GOVERNING LAW; VENUE
Richard Jay Weiss, Esq.
Village Attorney
Weiss Serota Helfman Pastoriza & Guedes, P.A.
2665 South Bayshore Drive
Suite 420
Miami, Florida 33133
Coastal Building Maintenance
15405 Northwest 7th Avenue
Miami, Florida 33169
This Agreement shall be construed in accordance with the laws of the State of Florida.
Venue for any litigation arising out of this Agreement shall be in the state courts of
Miami -Dade County, Florida. The parties hereby waive any right to trial by jury.
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this
Agreement upon the terms and conditions above stated on the day and year first above
written.
CONTRACTOR:
VILLAGE:
COASTAL BUILDING MAINTENANCE, INC. VILLAGE OF KEY BISCAYNE
15405 Northwest 7th Avenue 88 West McIntyre Street
Miami, Florida 33169 Key Biscayne, FL 33149
By: #70,40/ <--:
Name: /r —12;u_./ ,v,y
Title:
Attest:
B
Alire
Village Clerk
roved As To Legal Sufficiency:
Village Attorney
103001\agreements\professional services agreement for Coastal Bldg Maintenance 1.8.03
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EXHIBIT "A"
INSURANCE
Our Certificate of Insurance reflects the types and limits of coverage we carry to protect ourselves and our
customers from potential loss. There are several specialized coverage that are included for our mutual
protection that deserve special mention:
1. Care, Custody & Control Coverage - This important form of protection is excluded from most
standard General Liability policies.
2. Extended Property Damage - This coverage redefines property damage to include theft and mysterious
disappearance for which we are legally liable; i.e., we throw out important papers or neglect to lock the
premises after we completed our day/night work, etc.
3. Third Party Fidelity Bonding - this protects in the event that one of our employees steals from you.
There must be conclusive proof; but, once that is established, the bond will respond to our legal
responsibility.
We were able to obtain this unique coverage by purchasing our insurance under a plan sponsored by and
specifically designed for members of the Building Service Contractors Association International. This
program has been in existence for over fifteen years and is considered the ultimate in how an insurance
product should be tailored to meet an industries need. Its effectiveness is reflected in the fact that over
ninety percent of the members of BSCAI are currently taking advantage of this program.