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HomeMy Public PortalAbout2001-07 Agreement with Pesky Critters Wildlife TrappingsRESOLUTION NO. 2001-7 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; RECOMMENDING THE VILLAGE COUNCIL TO WAIVE COMPETITIVE BIDDING PROCEDURES FOR WILDLIFE TRAPPINGS AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A CONTRACT FOR PESKY CRITTERS WILDLIFE TRAPPINGS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 2-85, Waiver of Competitive Bidding Procedure of the Village of Key Biscayne Code, provides Council may waive the competitive bidding procedures outlined in the Code of the Council determines it is impractical to apply such procedures; and WHEREAS, the Village Manager recommends that it is impractical to bid this service ; NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Council waive bidding procedures for Wildlife Trapping in accordance with Section 2-85 of the Division 2. Purchasing. Section 2. That the Village Manager is authorized to execute a contract for Pesky Critters Wildlife Trappings for the relocation of raccoons from Key Biscayne due to the over population of raccoons affecting residents on Harbor Drive and other nearby streets. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 9th day of January , 2001. CONCHITA H. ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND LEGAL SUFFIC RICHARD WEISS,AL1 AGE' • TTORNEY MAYOR JOE I. RASCO VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this /S-1- day of Kici'f , 2001, by and between the VILLAGE OF KEY BISCAYNE (the "VILLA(3E") and Pesky (;ratters , a Florida Corporation, (the "Contractor"). RECITALS: The VILLAGE wants to engage the Contractor to perform certain professional services in conjunction with removal of raccoons and other small animals (the "Project"). The Contractor wants to provide such 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 provide services for the removal of raccoons and other small animals. 2. Fees for Services The Contractor agrees to charge the VILLAGE, and the VILLAGE agrees to pay the Contractor for services at a rate of $75.00 per animal. Fees shall be due and payable monthly. The amount due shall be that part of the assignment performed by the Contractor during the preceding months. 3. Term The term of this Agreement shall be 1 year, unless earlier terminated pursuant to paragraph eight or extended by wren amendment to this Agreement. 4. General Terms and Conditions All original sketches, tracings, drawings, computations, details, design calculations, work papers and other documents and plans that result from the Contractor providing services shall herein be the property of the VILLAGE. Upon termination of this Agreement, or upon request of the VILLAGE during the term of this Agreement, any and all such documents shall be delivered to the VILLAGE by the Contractor. 5. Insurance The Contractor shall at all times carry the following insurance at the stated minimum amounts: Professional Liability $1,000,000 Workers Compensation 500,000 Public Liability and Property Damage 1,000,000 Automotive Liability and Property Damage 1,000,000 The VILLAGE shall be named as an additional insured on all of the above insurance policies. 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. 6. Assignment This Assignment shall not be assignable by the Contractor. 7. 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, contingent upon or resulting from the award or making of this Agreement. 8. Termination This Agreement may be terminated by the VILLAGE upon ten days written notice with or without cause and by the Contractor upon 45 days written notice with or without cause. If this Agreement is terminated, the Contractor shall be paid for all acceptable work performed up to the date of termination. 9. 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. 10. Entire Agreement The parties hereby agree that this is the entire Agreement between the parties. This Agreement cannot be amended or modified without the express written consent of the parties. 11. Additional Services Additional services shall be authorized by the VILLAGE in writing in advance and paid for on a time charge basis at the hourly rates agreed to prior to the work being performed. 12. Warranties of Contractor 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. All work to be performed by Contractor under this Agreement shall be diligently performed in a professional, businesslike manner. 13. Attorneys Fees In connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and court costs, including such fees and costs incurred in trial and appellate proceedings. The parties recognize that other provisions of this Agreement provide consideration for this provision. 14. Notices All notices and communications to the VILLAGE 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: With a copy to: Contractor: C. Samuel Kissinger Village Manager Village of Key Biscayne 85 West McIntyre Street Key Biscayne, FL 33149 Richard J. Weiss, Esquire Village Attorney Weiss Serota Helfman Pastoriza & Guedes, P.A. 2665 South Bayshore Drive, Suite 420 Key Biscayne, FL 33149 Pesky Critters 7220 Southwest 151 Street Miami, FL 33158 14. Governing Law This Agreement shall be constructed in accordance with the laws of the State of Florida. Venue for any litigation arising out of this Agreement shall be in the Florida State Courts in Miami -Dade County, Florida. The parties hereby expressly waive any right to a trial by jury. 15. Indemnification The Contractor shall, at all times hereafter, indemnify and hold harmless the VILLAGE, its agents, servants and employees from and against any claim demand or cause of action of any kind or nature (including reasonable attorney fees) arising out of negligent act, error or omission of Contractor, its agents, servants, or employees in the performance of services under this Agreement. The VILLAGE shall indemnify and save harmless and defend the Contractor, its agents, servants, and employees from and against any claim, demand or cause of action of whatsoever kind or nature arising out of negligent act, error or omission of the VILLAGE, its agents, servants, or employees in the performance of services under this Agreement, only to the extent permitted by law. 16. Relationship of Parties Nothing contained in this Agreement shall be deemed or construed to create the relationship of principal and agent or of partnership or of joint venture or of any association whatsoever between Contractor and VILLAGE, it being expressly understood and agreed that the relationship created by this Agreement is that of an independent contractor. 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: Pesky Critters 7220 Southwest 151 Street Miami, FL 33158 VILLAGE: Village of Key Biscayne 85 West McIntyre Street Key Biscayne, FL 33149 By: By: odd I-iar wicK Pesky Critters C' Attest: Authorized by Resolution Og- U. -amuei Kissin.! er Village Manager Attest: OW k