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Home My Public Portal About2001-55 Accepting a Donation of $10,000 from the Mashta Island Association, IncRESOLUTION NO. 2001-55 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ACCEPT A $10,000 DONATION FROM THE MASHTA ISLAND ASSOCIATION, INC. FOR PURPOSES OF COMPLETING THE LANDSCAPING AT THE ENTRANCE TO THE MASHTA ISLAND BRIDGE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village and the Mashta Island Association, Inc. have engaged in cooperative efforts to improve the aesthetic appearance to the entrance to Mashta Island as part of the Vista Park Improvement Program; and WHEREAS, the Mashta Island Association, Inc. has offered a donation of $10,000 towards the landscaping of the entrance to Mashta Island with the Village providing approximately $21,500. 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 authorized to accept a donation of $10,000 from the Mashta Island Association, Inc. with the Village providing approximately $21,500 which together will be used to purchase and install landscaping (see attached plan) at the entrance to the Mashta Island Bridge. 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 actions necessary to immediately implement all of the purposes and intent of this Resolution and attached Agreement. Section 3. This resolution shall take effect immediately upon adoption. 1 PASSED AND ADOPTED this 28th day of August , 2001. T. ,14/e/ CONCHITA H. ALVAREZ, CMC, VILLAGE CLER APPROVED AS TO FORM AND LEGAL SUFFICIE 7,\ A RICHARD JAY WEISS, VILLAGE ATTORNEY 2 VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 30th day of August, 2001, by and between the VILLAGE OF KEY BISCAYNE (the "VILLAGE") and U.S. Lawns, Inc., a Florida corporation, (the "CONTRACTOR"). RECITALS: The VILLAGE wants to engage the CONTRACTOR to perform certain professional services as specifically described in Exhibit A to this Agreement ("Specified Services"). The CONTRACTOR wants to provide such Specified Services. In the event of any conflict between this Agreement and any Exhibit, this Agreement shall control. 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 Specified Services upon written request from the Village Manager. 2. FEES FOR SERVICES The CONTRACTOR agrees to charge the VILLAGE for Specified Services the total lump sum of Thirty-one Thousand Five Hundred Forty-eight ($31,548.00) Dollars. This price shall be full compensation for all costs, including overhead and profit, associated with completion of all the Work in full conformity with the requirements as stated or shown, or both, in Exhibit A. 3. TERM The term of this Agreement is six (6) months unless earlier terminated pursuant to paragraph 10. 4. GENERAL TERMS AND CONDITIONS All original sketches, tracing, drawings, computations, details, design calculations, work papers and other documents and plans that result from the CONTRACTOR providing Specified Services shall 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 professional liability insurance, worker's compensation insurance, comprehensive general liability insurance, and automotive liability insurance, with minimum policy limits in the amount of Three Hundred Thousand ($300,000.00), Dollars per occurrence, combined single limit for bodily injury and property damage, except that the amount of worker's compensation insurance shall be as provided by Chapter 440, F.S. 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 cancellable without written notice to the VILLAGE 30 days prior to the effective date of said cancellation. 6. ASSIGNMENT This Agreement 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 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. 8. TIME FOR COMPLETION Time is of this essence throughout this Agreement. The Work shall commence within 15 calendar days from the date specified in the Notice to Proceed, and shall be completed and ready for payment within 15 calendar days thereafter. Final payment shall be made to the CONTRACTOR within thirty (30) calendar days from the date certified by the VILLAGE as the date of Completion. 9. LIQUIDATED DAMAGES Upon failure of the CONTRACTOR to commence performance of the Agreement within the specified period of time, The CONTRACTOR shall pay to the VILLAGE the sum of 1% of the full Agreement price for each calendar day after the time specified in paragraph 8 above for Commencement. After commencement of work, should the CONTRACTOR fail to complete the remaining Work within the time specified in paragraph 8 above for completion and readiness for final payment, the CONTRACTOR shall pay to the VILLAGE the sum of 1% of the full contract price for each calendar day after the time specified in paragraph 8 for completion and readiness for final payment. Thgse amounts are not penalties but are liquidated damages to the VILLAGE for its inability to obtain full beneficial occupancy and use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by the VILLAGE as a consequence of such delay, and both parties desiring to obviate any question or dispute concerning the amount of said damages and the cost and effect of the failure of the CONTRACTOR to commence or complete the Agreement on time. The above -stated liquidated damages shall apply separately to each phase of the Project for which a time for completion is given. The VILLAGE is authorized to deduct the liquidated damages from monies due to the CONTRACTOR for the Work under this Agreement. 10. TERMINATION This Agreement may be terminated by the Village upon ten days' written notice with or without cause and by the CONTRACTOR upon 15 days' written notice with cause. If this Agreement is terminated, the CONTRACTOR shall be paid in accordance with the provisions of Section 2 of this Contract for all acceptable work performed up to the date of termination. 11. 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. 12. 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. 13. 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 Specific Services. CONTRACTOR shall obtain all permits. 14. ATTORNEYS FEES In connection with any litigation arising out of this Agreement, the VILLAGE shall be entitled to recover reasonable attorneys fees and costs. 15. 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 as follows: Village: With a copy to: Contractor: C. Samuel Kissinger Village Manager Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 Richard Jay Weiss, Esq. Village Attorney Weiss Serota Helfiiian Pastoriza & Guedes, P.A. 2665 South Bayshore Drive, Suite 420 Miami, Florida 33133 Mario Salman President U.S. Lawns, Inc. 14085 S.W. 139th Court Miami, Florida 33186 16. 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. CONTRACTOR: U.S. LAWNS, INC. 14085 S.W. 139th Court Miami, Florida 33186 By: 11(Y1-euk-,4.) Qt'vtic,,,..--- Attest: Mario Salman President Corporate Secretary Approved for legal sufficjency. VILLAGE: VILLAGE OF KEY BISCAYNE 85 West McIntyre Street Key Biscayne, Florida 33149 By: Village Attorney ger, 1 . ge Manar Village Clerk 411•1 STN•.= T Nt 13 Z P; #67; PAGE 2 ;.LAWNS Village of Key Biscayne 85 West Mdntyre Street Key Biscayne, Florida 33149 Attn. William Fehr Ref; Wost Mashta Drive Vista Park June 20, 2001 tty.. Type Oe$Jlr1ottQfl Price Tots! 110 Veltchta Wintn Install $235.00 ea. $25,565.00 110 Lantana ovatifolia Install $3.00 ea. $330.00 98 Chrysobalamus Icaco Install $7.00 ea_ $886.00 92 Tripsacum Dactiloides Install $4.00 ea. $368.00 76 Hameita Patens Dwarf Install $8.50 ea. $646.00 42 Zamia Furfuraoea Install $.20.00 ea. $840.00 33 Jatropha Integerrima Install $40.00 ea. $1,320.00 7 Raphiotepis Indica install $9.00 ea. $63.00 6 Cocos Nucifera install $250.00 ea. $1,500.00 1 Cocoloba Uvifera Install $210.00 ea. $210.00 Grand Total $31,348,OQ Please note: Landscaper to remove Sod or weeds in Planting areas and provide 3" Layer of shredded cypress Mulch. We Propose, hereby to furnished material and labor in accordance with the above specifications, for the sum of: Thirty One Thousand Five Hundred and Forty Eight Dollars ($31,548.00)_ Payment shall be made as follows: Upon Completion of work. The above prices,nspecifi ons and conditions are satisfactory and hereby accepted. Signature: Date: / 91 l04 14085 SW 139 CT. • MIAMI, FL 33186 • (305) 255.2400 • FAX (305) 255-2477 121-‘644 (000 xQ vi✓ 444 HP Zp LO 1 Rz PR. cu vet tcraa- WINiA/ Qvanh6i _ (uuo ) Cocos J 4t 42 . (G ) CH4i/socALJ+wS ic.4(.o (98) StAtte - riifirJS 04402F) (76)- ��. (42) JA-rgoPiA (1-1-104,r/4-4-16., (33) tJA ovati fau 4r (/0a ) '1724 pc.fcco wivGf "i 101 DOS (12) I+ioLEpls 1NacAr. (7) rivegiA peu-►NAf-A (E st,41-) c.ocoi_oeoc 1). I1WA- -- (1 - 4,s}s.r1- 1D6e. A A ila5rvervA,Le515uvurl Nc% : 1-, t�t�'�� - -1-o F', - 4o`i 4oD 0( vAgep5 IN r` t-n,.t ,Q-Hi) r ov i D6 3Ley l of 4i - D1)47 Cyr 1> t--tu 14rk, -< ickfiihV 1 1 14 \ r� woorA (PA5 /°( dis#�t� *icus MEave- 1. arx,.,r1.. foc.o? uacifG. & obi --to SCil 1 1 scut} rtosput QEGt .444.A Wit } coca Om, f f WL' / /,w,I;U9ipm/ / Jaia. WM/d/%NI/ /d' 0 15r 30r -s