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Home My Public Portal About1999-31 Lighting fixture installation contract with E.S.P. of South Florida, Inc. re: The East Enid Drive Road Improvement ProjectRESOLUTION NO. 99-31 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO CONTRACT WITH E.S.P. OF SOUTH FLORIDA, INC. FOR THE INSTALLATION OF LIGHTING FIXTURES IN CONNECTION WITH THE EAST ENID DRIVE ROAD IMPROVEMENT PROJECT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the installation of lighting bollards and landscaping lighting fixtures will complement the E. Enid Dr. Road improvement project; and WHEREAS, the installation of lighting bollards and landscaping lighting fixtures will protect pedestrians and improve safety. BE IT RESOLVED BY THE VILLAGE COUNCIL 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 E.S.P. of South Florida, Inc., for the installation of lighting fixtures in conjunction with the East Enid Drive Road Improvement project. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 20th day of A. 1, 1999. RASCO CONCHITA H. ALVAREZ, CMC VILLAGE CLERK • • iil a;2511, 1% 4LaR11)'` APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY i S1 VILLAGE OF KEY BISCAYNE AGREEMENT FOR SERVICES THIS AGREEMENT, made and entered into on the day of May, 1999 by and between the Village of Key Biscayne, Dade Count Florida,party-a- first(hereinafter called "Village"),and g Y Yn � Y> p Y E.S.P. of South Florida, Inc. , 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 the installation of lighting equipment for East Enid Drive. In consideration of the mutual covenants in this Agreement, the parties agree as follows: 1. SCOPE OF SERVICES A. The CONTRACTOR agrees, as directed by the Village Manager, to perform the following services: - Provide the Village of Key Biscayne with the installation of lighting materials in conjunction with the East Enid Road Improvement Project. (Attached as Exhibit A) 2. FEES FOR SERVICES The CONTRACTOR agrees to charge the VILLAGE for Specified Services provided in accordance in Exhibit A in an amount not to exceed THIRTY-NINE THOUSAND, NINE - HUNDRED AND NINETY-SIX dollars ($39,996.00). The Village shall pay CONTRACTOR in full when project is 100% complete. In addition, said CONTRACTOR shall guarantee workmanship for one year. 3. TERM The term of this agreement is 12 months 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 items installed 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 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, r: 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 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 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 tp 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 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 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 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 he 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 he 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. 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 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 2 VE cirli---1 follows: Village: C. Samuel Kissinger Village Manager 85 West McIntyre Street Key Biscayne, Florida 33149 With a copy to: Richard Jay Weiss, Esq. Village Attorney Weiss Serota & Helfman, P.A. 2665 South Bayshore Drive Suite 204 Miami, Florida 33133 Contractor: E.S.P. of South Florida, Inc. 324 N.W. 170 Street North Miami Beach, Florida 33169 (305) 653-5120 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: VILLAGE: E.S.P. of South Florida, Inc. Village of Key Biscayne 324 N.W. 170 Street 85 West McIntyre Street North Miami Beach, Florid. 33169 Key Biscayne, Florida 33149 By: out Print Name: Attest: Attest: Print Name: Authorized by the Village Council on April 20, 1999. By: 3 a ue ssinge.: 1 age anager . iv EXHIBIT "A" East Enid Lighting Project To furnish and install an underground system to provide power to future accent landscape lights along East Enid Drive from Crandon Blvd., to Ocean Drive. To furnish and install a new service point including a 25 KVA transformer, main disconnect, load center, ground rod, meter -can, contactors, time clocks and primary feeder to the existing FP&L transformer. Tie-up ,including conduit, wiring, and control equipment to the existing service center located on the west side of the Lake Park. To furnish and install service twelve (12) lighted concrete bollards. To install twelve (12) lighted concrete bollards. All permit expenses are included. To furnish and install all material and services required to fulfill the intent of the plans and specifications. /C1 5---- --77 4