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.
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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.