HomeMy Public PortalAbout1998-23 Agreement with Universal Beach Service Corp., for beach cleaning and maintenanceRESOLUTION NO. 98-23
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE THE ATTACHED AGREEMENT WITH
UNIVERSAL BEACH SERVICE CORP., DELRAY BEACH,
FLORIDA, FOR PROFESSIONAL SERVICES FOR BEACH
CLEANING AND MAINTENANCE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, a three year beach maintenance contract was authorized by the Village Council
at the July 27, 1993 meeting and executed August 2, 1993; and
WHEREAS, this contract was extended by Village Council until August, 1998, at their April
9, 1996 meeting; and
WHEREAS, under the present contract, the beach is maintained three times per week by
Universal Beach Service Corp.; and
WHEREAS, Universal Beach Service Corp. has more than proven their ability over the life
of their contract; and
WHEREAS, with the recent increase of one day per week of beach cleaning services,
Universal has been able to maintain the cleanliness and appropriate slope of the beach despite the
onslaught of unusual winds and waves this winter; and
WHEREAS, it is the opinion of both Universal Beach Service Corp. and the Office of the
Village Manager, that an increase of two days per week of beach cleaning services will equally
benefit the Village and Universal by reducing the time required on the beach per diem while
increasing the frequency of maintenance and trash removal; and
WHEREAS, Section 2-85 of Division 2 of the Village of Key Biscayne Code states that the
Council may waive competitive bidding procedures;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY
BISCAYNE AS FOLLOWS:
Section 1. The Village Manager is hereby authorized to execute the attached agreement
for the professional service of beach maintenance and cleaning, on behalf of the Village, with
Universal Beach Service Corp. commencing September 1, 1998 and terminating August 31, 2003.
Section 2. The Village Council, by majority vote, has waived the requirements for
competitive bidding for beach maintenance services due to the specialization of services to be
rendered and exemplary performance history of Universal Beach Service Corp.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 12th day of May, 1998
C S NCHITA H. ALVAREZ, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFIC
RIC RD J. WEISS, VILLAGE ATTORNEY
VILLAGE OF KEY BISCAYNE
AGREEMENT FOR
SERVICES
THIS AGREEMENT, made and entered into on the / day of -mil e..c pt €_ , 1998 by and
between the Village of Key Biscayne, Dade County, Florida, party of the first part (hereinafter called
"Village"), and Universal Beach Service Corp., party of the second part (hereinafter called
"Contractor");
RECITALS
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 in connection with beach maintenance.
In consideration of the mutual covenants in this Agreement, the parties agree as follows:
1. SCOPE OF SERVICES
The CONTRACTOR agrees, as directed by the Village Manager, to perform the services
described in Attachment I labeled "Contract for Beach Cleaning Services" and Attachment II
describing amendments to Attachment I.
2. FEES FOR SERVICES
The CONTRACTOR agrees to charge the VILLAGE on a monthly basis for Specified
Services provided in accordance with Attachment II in an amount not to exceed $89,259 per year.
3. TERM
The term of this agreement is five (5) years 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 services performed with
appropriate adjustments to the contract price.
5. ASSIGNMENT
This Agreement shall not be assignable by the CONTRACTOR.
Page 1 of 4
6. PROHIBITION AGAINST CONTINGENT FEES
The CONTRACTOR warrants that it has not employed or retained any company or person,
other than a bonafide employee 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 unless approved by the Manager of the Village of Key Biscayne.
7. TERMINATION
This Agreement may be terminated by the VILLAGE upon ten days' written notice with or
without cause or by the CONTRACTOR upon 45 days' 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 contract for all acceptable work performed up to the date of termination.
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.
9. 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.
10. 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 Specified Services.
The CONTRACTOR shall furnish proof that it has Worker's Compensation Insurance as
required by Chapter 440, Florida Statutes and, where applicable, coverage for the U.S.
Longshoremen's and Harbor Worker's Act and the Jones Act.
The CONTRACTOR shall also furnish proof that it has Contractual Liability Insurance 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.
Page 2 of 4
11. 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.
12. 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
85 West McIntyre Street
Key Biscayne, Florida 33149
Richard Jay Weiss, Esq.
Village Attorney
Weiss Serota & Helfman, P.A.
2665 South Bayshore Drive
Suite 204
Miami, Florida 33133
Conchita H. Alvarez
Village Clerk
85 West McIntyre Street
Key Biscayne, Florida 33149
John Peart, President'
Universal Beach Service Corp.
P.O. Box 2151
Delray Beach, Florida 33447
Page 3 of 4
14. 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:
Universal Beach Service Corp.
P.O. Box 2151
Delray Beach, Florida 33447
(561) 272-1400
VILLAGE:
Village of Key Biscayne
85 West McIntyre Street
Key Biscayne, Florida 33149
(305) 365-5514
By:
Atte
App1foved by Council Resolution 98-23, May 12, 1998.
Contract approvals by Village Council:
1. July 27, 1993 - 3 years
2. April 19, 1996 - 2 years
3. May 12, 1998 - 5 years
Page 4 of 4
Samuel Kissi
Vile Manag
RID
ATTACHMENT
CONTRACT FOR BEACH CLEANING SERVICES
THIS CONTRACT FOR BEACH CLEANING SERVICES, entered into this ? day of
AUGUST , 1.9 93, by and between UNIVERSAL BEACH SERVICE CORP., a Florida corporation,
hereinafter referred to as "Universal," and VILLAGE OF KEY BISCAYNE, Key Biscayne, Florida,
hereinafter referred to as 'Owner .°
WITNESSETH:
WHEREAS, Universal is engaged in the business of beach maintenance, cleaning and debris
removal; and
WHEREAS, the Owner has jurisdiction over 6,440 feet of beach property located within Key
Biscayne, Florida, adjoining and extending north -south along the Atlantic Ocean; and
WHEREAS, Owner is desirous of engaging the services of Universal for the purposes set forth
herein;
NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained
and other good and valuable consideration, the parties hereto agree as follows:
1. SCOPE OF SERVICES. The general scope of services to be performed by Universal shall
be to clean and maintain, in a reasonable manner, the entire length of the Owner's beach during the
term of this Agreement. Universal intends on providing these services on the basis of three (3) times
per week, weather and environmental conditions allowing. More specifically, Universal agrees to
provide the following services to the Owner with respect to the subject contract: •
A. Debris and litter removal. Universal 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. Universal shall remove and dispose of
all such trash and debris as collected from the beach by transporting the same
to the County landfill site.
B. Seagrass. Universal shall rake up the seagrass and either incorporate it into
the beach at the mean high water line or in the foredune vegetation. Any
seagrass selected for dune reconstruction shall be suitably clean, devoid of
debris, litter, tar, etc.
C. Erosion control and Beach Repair. Universal 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, Universal agrees to provide the following services to the
extent of the reasonable capability of Universal's equipment:
(1) Backfitling of washouts, particularly at the foot of eroded stairs and/or
1
ATTACHMENT I (cont.)
entrance ways,
(2) Goading of escarpments to a more easily navigated slope,
(3) Adding sand to and grading around beach structures.
(4) Placement of clean ecagrass at the base of the forcdune vegetation.
Universal's services as to erosion control and beach repair as provided herein
arc intended to promote vitality to the dune vegetation, to sustain the contour
of the beach better against further wave action and to maximize the useable
sandy portion of the beach for recreational enjoyment and coastal preservation
in general. These measures are taken by Universal 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. TERM. The term of this Agreement shalt be for a period of three (3) years,
commencing upon the full execution of this Agreement. The Owner shall issue a notice to proceed
immediately after execution of this Agreement and Universal shall commence its first cleaning within
ten (10) days following such notice to proceed. The term of this Agreement shall automatically renew
and extend for an additional term of two (2) years upon the expiration of the initial term of this
Agreement with the same terms and conditions as provided for herein. Further provided, however,
that either Universal or the Owner shall have the right to terminate this Agreement effective upon
the expiration of the then current term by providing written notice of their election to terminate this
Agreement at least thirty (30) days prior to the expiration of the then current term.
3. COMPENSATION. In consideration for Universal's providing the services
hercinabove described, the Owner agrees to pay to Universal a 'base compensation" at the rate of
$13.20 per lineal foot of ocean frontage per annum, for a total base compensation for each year of
$85,008.00, (i.c. $110.00 per 100 feet per month). The compensation shall be paid by the Owner to
Universal on a monthly basis within ten (10) 4ays 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 Universal, with prior consent of the Owner, at a price agreed
upon by both parties, depending upon the condition of the beach and the time and equipment
necessary to complete the cleaning.
4. ACCESS. The Owner agrees to provide Universal with free and full access to the
beach property which is the subject of this Agreement and not to interfere with the performance of
the services herein contracted for.
5. ATTORNEYS' FEES. In the event suit is brought by tither party relative to this
Agreement, the prevailing party shall be entitled to collect all reasonable costs and expenses of suit,
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... IL >V CAL klikv 1 l `l: U it C ' )
including, but not limited to, reasonable attorneys' fees.
6. LIABILITY INSURANCE. Universal, during the term of this Agreement, agrees to
at all times maintain public liability insurance relative to its business operations with limits of not less
than $1,000,000.00 individual/$1,000,000.00 aggregate coverage. Universal further agrees to
indemnify, save and hold the Owner harmless from any and all damages resulting from Universal's
performance of the services hereunder.
6A. WORKERS COMPENSATION. Universal shall provide Workers Compensation
Insurance and show proof of this fact to the Owner.
7. CONDUCT AND STANDARDS. Universal acknowledges that the Owner's property
is an exclusive, first class resort. The conduct of Universal and its employees shall be of the standard
which the Owner requires of its own employees and management.
8. TERMINATION. This Agreement may be terminated by the Owner upon the
occurrence of any of the following:
A. The filing for bankruptcy by Universal,
B. Universal's failure to perform its duties required pursuant to this Contract
provided, however, that Universal shall be entitled to judicial review of such
decision.
C. Without cause upon ten days (10) advance written notice.
9. ASSIGNABILITY. This Agreement may not be assigned or transferred without the
express approval of the other party.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 2 day of
August , 19 93 .
WITNESSES:
WI
NESSES:
UNIVERSAL BEAC ERVICE CORP.
OWNER
hn Iacart, president
Approved as to form:
By: P----61\A11-1K-11-1
UNIVERSAL BEACH SERVICE CORP.
P.O. Box 2151
D f ray Bcach, FL 33447
(S61)2/2-1490
May 5, 1998
Mr. C. Samuel Kissinger
Village Manager
Village of Key Biscayne
85 West McIntyre Street
Key Biscayne, FL 33149
Fax: (305) 3654936
Dear Mr. Kissinger:
In consideration of a renewal term of five years for our
agrees to the following: existing agreement, Universal
1. The annual cost of a new agreement would be
plus 5% ($4,250.40) or a total of $89,258.40.
went cost ($85,408.04)
.
2. The frequency of service be increased from thre
e to five days a week.
3. All other terms and conditions of the existingagreement to apply to the
By so increasing the frequency of cleaning the amount of
is reduced considerably. time to complete the work
Thank you for the opportunity once again to serve you
in this capacity.
Yours truly,
Ltd ' ,<.6-_--/'
•
IVER,,S.AL BEACH SERVICE CORP.
John Peart, President