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HomeMy Public PortalAbout2000-16 Authorizing to execute the agreement with Miami-Dade County to continue to provide landscape maintenance services on the grounds of the KB LibraryRESOLUTION NO. 2000-16 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND MIAMI-DADE COUNTY TO CONTINUE TO PROVIDE LANDSCAPE MAINTENANCE SERVICES ON THE GROUNDS OF THE KEY BISCAYNE LIBRARY; PROVIDING FOR AN EFFECTIVE DATE. Whereas, Miami -Dade County is desirous of continuing the professional landscaping services provided by the Village of Key Biscayne at the Key Biscayne Branch Library for the Miami -Dade Public Library System; and Whereas, the Village of Key Biscayne is both qualified and experienced in the performance of these services; and Whereas, Resolution 94-7 adopted March 8, 1994 authorized the Village Manager to execute a contract with Miami -Dade County to provide landscape services on the grounds of the Key Biscayne Branch Library for a six year period. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The Village of Key Biscayne agrees to continue to provide landscape maintenance services on the grounds of the Key Biscayne Library under the terms and conditions of a new agreement. Section 2. The Village Manager is hereby authorized to execute the agreement, in substantially the form attached hereto, between the Village of Key Biscayne and Miami -Dade County. . Section 3. Each option period when renewed will provide for a 10% increase in the monthly charge for the term of the renewal period. ,Section 4. The Village Manager and the Village Attorney are authorized to take any and all necessary actions to implement the terms and conditions of the attached agreement. ,Section 5. Funds are available in the General Fund, Department of Public Works, 10.539.34.100 (Contractual Services) to fund this project. Section 6. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 6th day of June , 2000. CONCHITA H. ALVAREZ, CMG PR • VED AS TO FORM AND LE HARD JAY WEISS, VILLAGE ATTORNEY MAYOR JOE I. RASCO AGREEMENT THIS AGREEMENT, made and entered this day of , 2000 by and between METRO-DADE, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as "COUNTY"), and the Village of Key Biscayne. WITNESSETH: WHEREAS, the COUNTY is desirous of obtaining professional landscaping services specifically for the Key Biscayne Branch Library and WHEREAS, the Village of Key Biscayne is both qualified and experienced in the performance of these services. NOW, THEREFORE, and in consideration of the premises and the mutual covenants contained, the parties hereto agree as follows: ARTICLE I RESPONSIBILITIES OF THE VILLAGE OF KEY BISCAYNE 1 Agree to provide landscape maintenance services on the grounds on the Key Biscayne Branch Library. 2. Provide all labor, plants, supervision, material, supplies, irrigation system maintenance, equipment, fertilizer, pesticides and expertise necessary for proper maintenance of the grass, shrubs and trees surrounding the Key Biscayne Branch Library. 3. Perform the following routines and schedules: 12 Each Regular Monthly Services to include but not be limited to litter pick-up and removal, pruning shrubs and ground cover plants, tree maintenance, weed control, disease and pest control and plant replacement. 22 Each Turf Grass Mowing and Edging Service annually. 02 Each Fertilization Service annually. ARTICLE I I RESPONSIBILITIES OF THE COUNTY The COUNTY shall: 1. Pay the Village of Key Biscayne a monthly fee of two hundred sixty six dollars ($266.00) per month for 2 years for providing the services specified in Article I. ARTICLE III TERM 1. This Agreement shall be in effect for a two (2) year period with two (2), two (2) year options to renew, from the date of execution of this agreement and will provide for the continuation of any services in progress at the time of contract expiration. 2. Each option period when renewed will provide for an increase equal to the increase in the consumer price index over the previous two in the monthly charge for the term of the renewal period. ARTICLE IV TERMS OF PAYMENT BY THE COUNTY 1. The COUNTY shall pay the Village of Key Biscayne a monthly fee of two hundred sixty six dollars ($266.00) to include all other fees and expenses. 2. Payment to the Village of Key Biscayne shall be promptly made by the COUNTY upon presentation of an invoice for fees and services to the COUNTY. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS The Village of Key Biscayne shall indemnify and save the COUNTY harmless from any and all claims, liability, losses, and causes of action which may arise out of the fulfillment of this AGREEMENT. The Village of Key Biscayne shall pay all claims and losses of any nature whatever in connection therewith, and shall defend all suits, in the name of the COUNTY when applicable, and shall pay all costs and judgements which may issue thereon excepting those caused by the sole negligence of COUNTY employees or officers. This Article is subject to the restrictions, limitations and conditions of Section 768.28, F.S. ARTICLE V I CANCELLATION OR TERMINATION Either party shall have the right to cancel this AGREEMENT without stated cause upon fifteen (15) days advance written notice to the other party. If the contract is so cancelled, the COUNTY may require The Village of Key Biscayne to complete any work in progress at time of said cancellation. The COUNTY shall compensate the Village of Key Biscayne for said work. ARTICLE V I I MODIFICATIONS This AGREEMENT may not be altered, changed or modified except by or with the written consent of the COUNTY and approved by appropriate action of the Board of County Commissioners. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their respective and duly authorized officers on the day and year first above written. ATTEST: 4 G6 1, Harvey Ruvitt.► , Clerk of the Board By: Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY MIAMI-DADE COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS County manager By: By: Assistant County Attorney ATTEST: Clerk of the Council By: Y Clerk Village Attorney VILLAGE OF KEY BISCAYNE, FLORIDA, BY ITS COUNCIL - Gouxty Mana r V.11 nie