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.
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(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
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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.
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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
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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.
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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
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ine R. Menen
anager
illage Clerk
VED AS TO LEGAL SUFFICIENCY
Village A
rney