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Home My Public Portal About1999-52 Authorizing an agreement with Pollution Elimination Corporation (PELCO), Miami, FloridaRESOLUTION NO. 99-52 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN AGREEMENT WITH POLLUTION ELIMINATION CORPORATION (PELCO), MIAMI, FLORIDA, FOR STORMWATER CATCH BASIN CLEANING; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, stormwater catch basin cleaning is important to pollution prevention and required by law to operate a stormwater system; and WHEREAS, Pollution Elimination Corporation (PELCO) submitted the lowest price during competitive bid for said activities. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The Village Manager is hereby authorized to execute the attached agreement, on behalf of the Village, with Pollution Elimination Corporation (PELCO), Miami, Horida, for stormwater catch basin cleaning. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 11th day of May , 1999 MAYOR JOE I. RASCO A'1"1'EST: CONCHITA H. ALVAREZ, CMC, VILLAGE "� APPROVED AS TO FORM AND LEGAL SUFFICIENCY RICHARD J. WEISS, VILLAGE ATTORNEY VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this jg day of J)flQ , 19 99 , by and between the Village of Key Biscayne (the "VILLAGE") and Pollution iminationCorp. d/b/a PELCO , (the "SERVICE CONTRACTOR"). RECITALS: The VILLAGE wants to engage the SERVICE CONTRACTOR to perform certain professional services as specifically described in Exhibit A to this Agreement ("Specified Services"). The SERVICE CONTRACTOR wants to provide such Specified Services. In consideration of the mutual covenants set forth in this Agreement, the parties agree as follows: 1. SCOPE OF SERVICES The SERVICE CONTRACTOR agrees to provide Specified Services upon written request from the Village Manager as provided for in this Agreement. 2. FEES FOR SERVICES The SERVICE CONTRACTOR agrees to charge the VILLAGE for Specified Services for the sum of $55.00 per drainage structure, plus any applicable Dump fees currently $65.00 for small truck and $130.00 for large trucks and DERM fees at $8.00 and $16.00 respectfully. Contractor will pump and clean drainage structures as directed. 3 TERM The term of this Agreement is 1 year(s) unless earlier terminated pursuant to paragraph seven. 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 SERVICE 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 SERVICE CONTRACTOR. 5. INSURANCE The SERVICE CONTRACTOR shall at all times carry liability insurance in the minimum amount of $1,000,000. The Village shall be named as an additional insured on all the liability 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 Agreement shall not be assignable by the SERVICE CONTRACTOR. 7. PROHIBITION AGAINST CONTINGENT FEES The SERVICE CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the SERVICE 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 SERVICE 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 SERVICE CONTRACTOR upon 45 days' written notice with or without cause. If this Agreement is terminated, the SERVICE CONTRACTOR shall be paid in accordance with the provisions of Exhibit A for all acceptable work performed up to the date of termination. 9. NONEXCLUSIVE AGREEMENT The services to be provided by the SERVICE 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. WARRANTIES OF SERVICE CONTRACTOR The SERVICE 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. 12. ATTORNEYS FEES In connection with any litigation arising out of this Agreement, the VILLAGE shall be entitled to recover reasonable attorneys fees and costs. 13. 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: C. Samuel Kissinger Village Manager Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 Richard J. Weiss, Esq. Village Attorney Weiss, Serota & Helfman, P.A. 2665 South Bayshore Drive Suite 420 Miami, Florida 33133 SERVICE CONTRACTOR: Pollution Elimination Corporation d/b/a PELCO P.O. Box 970529 Miami, FL 33197 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. SERVICE CONTRACTOR: Pollution Elimination Corporation P.O. Box 970529 Miami, FL 33197 By: Cpczecee4 l , lJ 1; By: ton Elimination Corporation d/b a PELCO Attest: �OCs...Vcy11 _6 Authorized by the Village Council Attest: VILLAGE: Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 L C. Samuel Ki nger, Village Manager aik (It aualk , 1999. PELCO I'ulltd i'at Elimination Corporation Scr‘inu h Florida Since 1970 P.O. Box 97052_9 Miami. FL 33197 (3051 251.672(} FAX (3051 37ti-K3tq E .ITB For the maintenance of storm water drainage structures owned by3jLage of Key aisltyue and located in__ _____ThLiillagasaLlisailiatam hereby referred to as the "company", and operated by POLLUTION ELII�NA'II 1ON CORPORATION, dlb/a PF,LCO, hereby referred to us the "contractor". A. Q.P . OE WORK TO B " PE, FO __D BX EL 1. Pump and clean all dirt, debris and foreign mutter located within the drainage structures and associated drainage pipes. 2. Log all drainage structures by the closest available street mess. 3. Log any deficiencies and/or problems with said structures. 4. Dump all material at the approved dumping facility in Miami -Dade County.