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:
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