Loading...
HomeMy Public PortalAbout2000-18 Authorizing to execute the agreement with PELCO (Pollution Elimination Corporation)RESOLUTION NO. 2000-18 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE WITH PELCO (POLLUTION ELIMINATION CORPORATION) FOR SERVICING THE NEW SEWAGE PUMP STATION IN THE VILLAGE PARK; PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. This agreement specifically covers the operation and maintenance of the sewage pumping station located at 400 Crandon Boulevard in the Village Green. Section 2. That the Village Manager is hereby authorized to execute the attached agreement and addendum "Exhibit A" attached hereto and made part hereof for servicing the sewage pump station in the Village Green Section 3. This resolution shall take effect immediately upon adoption. &P - PASSED AND ADOPTED this 6th day of June , 2000. CONCHITA H. ALVAREZ, CMC, VILE OVED AS TO FORM AND LEGAL S RD JAY WEISS, VILLAGE ATTORNEY MAYOR JOE I. RASCO VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 23 day of June , 20 00 , by and between the Village of Key Biscayne (the "VILLAGE") and Pollution Elimination Corp. 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 connection with the operation and maintenance of the sewage pumping station located at 400 Crandon Boulevard. 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 provided in accordances provided in Exhibit A in an amount not to exceed $150.00 a month. The SERVICE CONTRACTOR will issue an invoice once a month for the work which has been completed. Said invoice is payable by the VILLAGE within 30 days. The VILLAGE shall pay to the SERVICE CONTRACTOR for the faithful performance of this agreement, in lawful money of the United States of America. 3. TERM i'T rm of this Agreement is 1 year(s) unless earlier terminated pursuant to paragraph eight. 4. GENERAL TERMS AND CONDITIONS All onginal 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. All Maintenance, operation and services performed by the Contractor under this Agreement shall be that as required by Miami -Dade county, Department of Environmental Resources or such governmental agencies as shall exercise jurisdiction over said sewage pumping station in accordance with the appropriate departmental guidelines and testing procedure in operation of the effective date of this Agreement. 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 "Phis 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 afgee 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 'I he SERVICE CON 'I'RAC 'I'OR 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 The parties agree that State courts in Miami, Florida shall resolve all disputes or differences arising under this Agreement. The prevailing party in any dispute shall be entitled to recover its reasonable attorney's fees and court costs, including such fees and costs incurred during any appeal of any judgement or order. The parties waive the right to trail by jury. 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 ByL1,;tE oll Attest: on Elimination Corporat d/b/a PELCO Authorized by the Village Council VILLAGE: Village of Key Biscayne 85 West McIntyre Street Key Biscayn-, Florida 33149 June 6 , 2000. illage Manager PELCO Pollution Elimination Corporation Serving South Florida Since 1970 X.I-IIBIT A P.O. Box 970529 Miami, FL 33197 (305) 251-6720 FAX (305) 378-8384 For the operation and maintenance of the sewage pumping station owned by Village of Key Biscayne and located at 400 Crandon Blvd. hereby referred to as the "company", and operated by POLLUTION ELIMINATION CORPORATION, d/b/a PELCO, hereby referred to as the "contractor". A. SCOPE OF WORK TO BE PERFORMED BY PELCO SITE SERVICE 1. Once a week site visit to check pump station operation. 2. Check the level controls. 3. Log the elapse time meters. 4. Periodic logging of the amperage. 5. Annual spraying of controls to protect against corrosion. 6. Verify pumps operate on manual and automatic. B. WORK NOT REQUIRED 1. Furnishing of power shall be by the company. 2. It is not intended that any stand-by power or pumping equipment be supplied except when agreed to by both parties when possible except during emergencies when sewage overflows, exists or will exist if immediate action is not taken. C. SPECIAL OPERATIONS., BREAKDOWNS,EMERGENCIES 1. It is the intention that during periods of special operations,breakbowns, or emergencies the service contractor will provide operators at the rate of $ 63.00 per hour per man and truck, $87.50 per hour when two (2) operators are required and will be known as the daytime rates. After 5:00 pm, Saturday, Sunday, or Holidays the rate will be $94.50 per hour per man and truck, $130.00 per hour when two (2) operators are required and will be known as the nighttime rate or weekend rates. 2. It is the intention that during periods of breakdowns or emergencies the service contractor can provide vacuum tank service at the rate of $130.00 per hour per truck day time and $195.00 per hour per truck after 5:00pm, Saturday, Sunday, or Holidays.Plus any Dump and Derm fees.