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HomeMy Public PortalAbout2003-34 Agreement with Universal Beach Services CorpRESOLUTION NO. 2003-34 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE WITH UNIVERSAL BEACH SERVICES CORP. FOR BEACH CLEANING SERVICES; 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 the attached Agreement, on behalf of the Village, with Universal Beach Service Corp. Section 2. Universal Beach Services Corp. will provide Beach Cleaning Services to the Village of Key Biscayne. Section 3. Effective Date. This resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this 14th day of October , 2003. MAYOR ROBERT OLDAKOWSKI CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FO AND LEGAL SUFFICIENCY: .____ VILLAGE A TORN VILLAGE OF KEY BISCAYNE AGREEMENT FOR SERVICES THIS AGREEMENT, made and entered into on the 14 day of October, 2003 by and between the Village of Key Biscayne, Miami -Dade C ounty, F lorida, p arty o f t he first p art (hereinafter "VILLAGE"), and Universal Beach Services Corp., party of the second part (hereinafter "CONTRACTOR"); RECITALS CONTRACTOR is engaged in the business of beach maintenance, cleaning and debris removal. The VILLAGE has jurisdiction over 6,440 feet of beach property located within Key Biscayne, Florida, adjoining and extending north -south along the Atlantic Ocean. VILLAGE is desirous of engaging the services of CONTRACTOR for the purposes set forth herein. The VILLAGE wants to engage the CONTRACTOR to perform certain services as described in accordance with paragraph 1, scope of services to this Agreement ("Specified Services"). The CONTRACTOR wants to provide such Specified Services for public beach service purposes. In consideration of the mutual covenants in this Agreement, the parties agree as follows: 1 SCOPE OF SERVICES The CONTRACTOR agrees to perform the Specified Services described as follows: A. The general scope of services to be performed by CONTRACTOR shall be to clean and maintain, in a reasonable manner, the entire length of the VILLAGE's beach during the term of this Agreement. CONTRACTOR shall provide these services on the basis of five (5) times per week, weather and environmental conditions allowing. More specifically, CONTRACTOR agrees to provide the following services to the VILLAGE with respect to the subject contract: (i) Debris and litter removal. CONTRACTOR agrees to remove all debris and litter, including wood, plastic, glass, paper, tar and metal objects deposited on the beach by the ocean or by bather usage. CONTRACTOR shall remove and dispose of all such trash and debris as collected from the beach by transporting the same to the County landfill site. 1 (ii) Seaerass. CONTRACTOR shall rake up the seagrass and either incorporate it in to the beach at the mean high water line or in the fore dune vegetation. Any seagrass selected for dune reconstruction shall be suitably clean, devoid of debris, litter, tar, etc. (iii) Erosion control and Beach Repair. CONTRACTOR possesses equipment capable of providing certain beach repairs and erosion control measures. The beach is from time to time in need of certain measures for erosion control and repair and, accordingly, CONTRACTOR agrees to provide the following services to the extent of the reasonable capability of CONTRACTOR's equipment: (1) Backfilling of washouts, particularly at the foot of eroded stairs and/or entrance ways. (2) Grading of escarpments to a more easily navigated slope, (3) Adding sand to and grading around beach structures. (4) Placement of clean seagrass at the base of the fore dune vegetation. CONTRACTOR's services as to erosion control and beach repair as provided herein are intended to promote vitality to the dune vegetation, to sustain the contour of the beach better against further wave action and to maximize the usable sandy portion of the beach for recreational enjoyment and coastal preservation in general. These measures are taken by CONTRACTOR in an attempt to effectively control, limit or eliminate sand erosion problems on a day to day basis, to provide stabilization and fertilization for beach and dune preservation, as well as protection to upland properties and structures in storm conditions. 2. FEES FOR SERVICES The CONTRACTOR agrees to charge the VILLAGE for performance of the Specified Services provided hereunder in an amount not to exceed $107,110 per year. This compensation is computed at the rate of $16.63 per lineal foot of ocean frontage per annum, for a total base compensation for each year of $107,110.00, (i.e. $138.60 per 100 feet per month). The annual compensation shall be broken down for payment by the VILLAGE to CONTRACTOR on an equal monthly installment basis, and be paid within ten (10) days following the end of each month during the term of this Agreement. In the event of hurricanes, tropical storms or heavy oil accumulations, an additional charge may be imposed by CONTRACTOR, with prior consent of the VILLAGE, at a reasonable price agreed upon by both parties, depending upon the condition of the beach and the time 2 and equipment necessary to complete the cleaning. 3. TERM The duration of the term of this agreement is (5) years commencing on October 15, 2003 and expiring on October 14, 2008, unless terminated pursuant to paragraph 7 or extended pursuant to paragraph 9. 4. GENERAL TERMS AND CONDITIONS The VILLAGE reserves the right to increase or decrease the quantity of beach area serviced with appropriate adjustments to the contract price. 5. ASSIGNMENT This Agreement shall not be assignable by the CONTRACTOR. 6. PROHIBITION AGAINST CONTINGENT FEES The CONTRACTOR, warrants that it has not employed or retained any company or person, other than a bonafide 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, continent upon or resulting from the award or making of this Agreement. 7. TERMINATION This Agreement may be terminated by the VILLAGE upon 30 days advance written notice with or without cause and by the CONTRACTOR upon 45 days advance written notice with or without cause. If this Agreement is terminated, the CONTRACTOR shall be paid in accordance with the provisions of Paragraph 2 of this Agreement for all acceptable work performed up to the date of termination only. 8. NONEXCLUSIVE AGREEMENT The services to be provided by the CONTRACTOR pursuant to this Agreement shall be 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. 3 9. ENTIRE AGREEMENT The parties hereby agree that this is the entire Agreement between the parties and supercedes the prior service agreement between the parties. This Agreement cannot be amended or modified without the express written consent of the parties. 10. WARRANTIES OF CONTRACTOR., INSURANCE A. The CONTRACTOR hereby warrants and represents that 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 and shall perform the Specified Services in accordance with applicable laws. B. The CONTRACTOR shall furnish proof that it has Worker's Compensation Insurance as required by Chapter 440, Florida Statutes. C. The CONTRACTOR shall also furnish proof that it has Comprehensive General Liability Insurance for all operations hereunder and automobile liability insurance covering all owned, non -owned and hired vehicles used in connection with this work, in an amount no less than $1,000,000 per occurrence for Bodily Injury and Property Damage combined. VILLAGE shall be named as an additional insured for work undertaken or to be performed by CONTRACTOR hereunder. 11. INDEMNIFICATION CONTRACTOR shall indemnify and hold harmless the VILLAGE, its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of this Agreement. 12. ATTORNEY'S FEES In connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. This provision shall exclude all litigation resolved by agreement of the parties. 13. NOTICES All notices and communications to the VILLAGE or CONTRACTOR 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 4 as follows: Village: With a copy to: Jacqueline R. Menendez Village Manager 88 West McIntyre Street Key Biscayne, Florida 33149 Village Attorney Weiss Serota & Helfman Pastoriza Guedes Cole & Boniske, P.A. 2665 South Bayshore Drive Suite 420 Miami, Florida 33133 Conchita H. Alvarez Village Clerk 88 West McIntyre Street Key Biscayne, Florida 33149 Contractor: Universal Beach Services Corp. 14. MISCELLANEOUS A. Access. The VILLAGE agrees to provide CONTRACTOR with access to the beach property which is the subject of this Agreement. B. Independent Contractor. CONTRACTOR is providing all Specified Services solely as an independent contractor of VILLAGE and not as an officer or employee of VILLAGE. 15. GOVERNING LAW This Agreement shall be construed in accordance with the laws of the State of Florida. 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. 5 CONTRACTOR: UNIVERSAL BEACH SERVICE CORP. Attest: VILLAGE: Village of Key Biscayne 88 West McIntyre Street Key Biscayne, Florida 33149 By: By: F:/103.001/Agreements/UniveraslBeachServiceswithKeyBiscayne 10.22.03 6 ine R. Menen anager illage Clerk VED AS TO LEGAL SUFFICIENCY Village A rney