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HomeMy Public PortalAbout2000 Agreement.tifRESOLUTION 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. PASSED AND ADOPTED this 6th day of June , 2000. CONCHITA H. ALVAREZ, CMC, VILL OVED AS TO FORM AND LEGAL S RD JAY WEISS, VILLAGE ATTORNEY MAYOR JOE I. RASCO May 3, 1999 Village Council Joe I. Rasco, Mayor Gregory C. Han, Vice Mayor Scott Bass Martha Fdez-Lean Broucek Alan H. Fein Mortimer Fried Robert Oldakowski Village Manager C. Samuel Kissinger VILLAGE OF KEY BISCAYNE Office of the Village Manager MEMORANDUM To: C. Samuel Kissinger Village Manager From: Armando Nunez Public Works Super Or RE: Stormwater Catch Basin Cleaning - Bid Results The Village received three bids for Stormwater Catch Basin Cleanings. The following is a list of bids received, from lowest to highest: 1. Pelco $ 55.00 per structure 2. Rockline Vac Systems, Inc. $ 65.00 per structure 3. SOS Construction Corp. $225.00 per structure As the lowest bidder, Pelco is being recommended for the contract. 85 West McIntyre Street • Key Biscayne, Florida 33149 • (305) 365-5511 • Fax (305) 365-8936 MISSION STATEMENT "TO PROVIDE A SAFE QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT " PELCO Pollution Elimination Corporation Serving South Florida Since 1970 May 11, 2000 Village of Key Biscayne Armando Nunez 85 W. McINTYRE Street Key Biscayne, Florida 33149 Dear Mr. Nunez: P.O. Box 970529 Miami, FL 33197 (305) 251-6720 FAX (305) 378-8384 Please review the attached agreement for the servicing the new sewage pump station in the Village Park. Please attach this agreement to the existing agreement that we have with the Village. This agreement has the scope of work that is needed tp properly maintain the pump station. If you have any questions please do not hesitate to call. Very Truly Yours; .ez•ek,' 4a Benjamin T. Barlow Vice - President 2r PELCO Pollution Elimination Corporation Serving South Florida Since 1970 AGREEMENT P.O. Box 970529 Miami, FL 33197 (305) 251-6720 FAX (305) 378-8384 This agreement is entered into on this day of , 19_, between Village of Key Biscayne , hereinafter referred to as "Company" and Pollution Elimination Corporation, hereinafter referred to as "PELCO" or "Service Contractor". L This Agreement contains three pages and addendum " Exhibit A", attached hereto and made part hereof, and the procedures to be followed and work to be performed are outlined in the attached Exhibit A, attached hereto and made a part hereof the Agreement. 2. For the sum of $150.00 per month payable on month in advance, plus any applicable sales tax, Contractor will operate and service the sewage pumping station, as hereinafter mentioned, said sewage pumping station. 3. This Agreement specifically covers the operation and maintenance of the sewage pumping station located at 400 Crandon Blvd. and is not intended to apply to costs of labor and/or parts for repair and/or replacement of any equipment and/or component parts. 4. This contract becomes effective upon the execution of this Agreement by the parties hereto and is for a period of one year This Agreement may be terminated by either party provided thirty (30) days advance notice, in writing, is given to the other party. 5. The renewal of this contract shall be automatic, providing for a N/A % increase in the monthly fee, unless the aforesaid written notice is rendered by either party within the specified period of time. Said increase is subject to escalation due to any additional requirements PELCO Pollution Elimination Corporation Serving South Florida Since 1970 in regulatory, operational or testing procedures. P.O. Box 970529 Miami, FL 33197 (305) 251-6720 FAX (305) 378-8384 6. All maintenance, operation and service 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. 7. This agreement shall be binding upon the parties hereto, there successors, legal representatives and assigns. 8. A finance charge will apply if the new balance is unpaid one month from the closing date of the statement The finance charges are computed by a periodic rate of 1.5% per month. This rate totals an annual percentage rate of 18 %. This rate will be applied to the unpaid balance after deducting the current payments and/or credits appearing on the statement from the previous balance. 9. It is expressly understood by the parties to this agreement that the monthly fee referred to in paragraph two (2) of this agreement is not intended to include any service calls other than the weekly site visit referred to in Exhibit A 10. It is further expressly understood and agreed that any service calls other than the weekly site service shall constitute " special operations", "breakdowns", or "emergency service" and the "company" shall compensate PELCO at the rates referred to in paragraph C of Exhibit A. This agreement shall be construed under the laws of the State of Florida and each party to said Agreement warrants to the other that it has legal authority to enter into said Agreement. PELCO Pollution Elimination Corporation Serving South Florida Since 1970 DATED THIS day of , 19 . Attest Benj in T. Barlow, Ast. Secretary Witness P.O. Box 970529 Miami, FL 33197 (305) 251-6720 FAX (305) 378-8384 SERVICE CONTRACTOR. POLLUTION ELIMINATION CORP. d/b/a PELCO Jame . Barlow, PRESIDENT COMPANY: PELCO Pollution Elimination Corporation Serving South Florida Since 1970 EXHIBIT 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. PELCO Pollution Elimination Corporation Serving South Florida Since 1970 P.O. Box 970529 Miami, FL 33197 (305) 251-6720 FAX (305) 378-8384 3. It is intended that the service contractor will have or obtain the necessary equipment for the removal of the pumps up to the limit of the service contractor's equipment. 4. It is intended that the actual cost of the equipment or repairs furnished by others be reimbursed to PELCO at cost plus 15% based on evidence of actual cost to the contractor. 5. It is intended that all additional hourly charges will be agreed to by both parties when possible except during times of emergencies when sewage overflows, exists or will exist if immediate action is not taken. 6. It is intended that during times of emergencies or breakdowns the service contractor can, if necessary, provide VAC -CON truck service at the rate of $ 130.00 per hour with a three hour minimum known as the daytime rate. After 5;00pm Saturday, Sunday, or Holidays the VAC -CON rate is $195.00 per hour. Plus any Dump and Derm fees 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 —C rp. 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 1'he SERVICE CONTRACTOR agrees to provide Specified Services upon written request from the Village Manager as provided for in this Agreement. 2. FEES FOR SERVICES I'he 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 The term 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 this Agreement shall not be assignable by the SERVICE CONTRACTOR. 7. PROHIBITION AGAINST CONTINGENT FEES "I he SERVICE CON "TRACTOR 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 'Phis 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 I'he 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 I he 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. PELCO 6161 Pollution Elimination Corporation Serving South Florida Since 1970 P.O. Box 970529 Miami, FL 33197 (305) 251-6720 FAX (305) 378-8384 EXHIBIT A 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. ePELCO Pollution Elimination Corporation Serving South Florida Since 1970 P.O. Box 970529 Miami, FL 33197 (305) 251-6720 FAX (305) 378-8384 3. It is intended that the service contractor will have or obtain the necessary equipment for the removal of the pumps up to the limit of the service contractor's equipment. 4. It is intended that the actual cost of the equipment or repairs furnished by others be reimbursed to PELCO at cost plus 15% based on evidence of actual cost to the contractor. 5. It is intended that all additional hourly charges will be agreed to by both parties when possible except during times of emergencies when sewage overflows, exists or will exist if immediate action is not taken. 6. It is intended that during times of emergencies or breakdowns the service contractor can, if necessary, provide VAC -CON truck service at the rate of $ 130.00 per hour with a three hour minimum known as the daytime rate. After 5;00pm Saturday, Sunday, or Holidays the VAC -CON rate is $195.00 per hour. Plus any Dump and Derm fees 13. NOTICES AU 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» o on immahon orporat' d/b/a PELCO Attest: Authorized by the Village Council VILLAGE: Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 .DTI Y � ' June 6 ue nger, i age ' anager , 2000. r 5. INSURANCE 1 he 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 I his Agreement shall not be assignable by the SERVICE CONTRACTOR. 7. PROHIBITION AGAINST CONTINGENT FEES 1 he SERVICE CON 'I'RAC 'I OR 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 1'his 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 CONTRAC'T'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 l'he parties agree that State courts in Miami, Florida shall resolve all disputes or differences ansing 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. VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this j S day of k flQ , 19 99 , by and between the Village of Key Biscayne (the "VILLAGE") and Pollution�F(immationT7rp. 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 he 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 peiniits 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: Attest: (CC iILL, t I , CLGw" C,; llytion Elimination Corporation d/b/a PELCO Authorized by the Village Council VILLAGE: Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 By: C. Samuel Ki Attest: , 1999. nger, Village Manager PELCO Polio Llonmaiion Corporation Srr� �i ti„ nth Florida Since 1970 PO Box 970529 Miami. FL ;3107 (305) 251-6'72f FAX (105) 37tt-H;1ri4 EX IT A For the maintenance of storm water drainage structures owned by Village of Key Biscayne and treated in_ The Vilt take_ of Key Bisc:avne hereby referred to as the "company", and operated by POLLUTION ELIMINATION CORPORATION, d/b/a PELCO, hereby referred tv us the "contractor". A KQPI DF WORK TO BE PERFORMED BY.P.ELCO J I 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 address. 3 Log any deficiencies and/or problems with said structures. 4 Dump all material at the approved dumping facility in Miami -bade County. POLLUTION ELIMINATION CORPORATION PELCO P.O. BOX 970529 MIAMI, FLORIDA 33197 (305) 251-6720 FAX (305) 378-8384 AGREEMENT This agreement is entered into on this 01 day of MAY 1997 between VILLAGE OF KEY BISCAYNE hereinafter referred to as "Company", and Pollution Elimination Corporation, hereinafter referred to as PELCO or "Contractor". 1. This agreement contains this page, page two and Exhibit A attached hereto and made a part hereof. The procedures to be followed and work to be performed are outlined in the attached Exhibit A. 2. For the sum of $504.00 per month, May through October and for the sum of $252.00 per month, November through April. Due and payable by the 15th of the following month. Contractor will operate and service the Stormwater Pumping Station located at 200 OCEAN LANE DRIVE AND 100 EAST HEATHER DRIVE . 3. This Contract becomes effective upon the execution of this Agreement by the parties hereto and is for a period of one year. This Agreement shall be automatically renewable and may be terminated by either party provided thirty (30) days advance notice, in writing, is given to the other party. POLLUTION ELIMINATION CORPORATION PELCO P.O. BOX 970529 MIAMI, FLORIDA 33197 (305) 251-6720 FAX (305) 378-8384 4. A finance charge will apply if the new balance is unpaid one month from the closing date of the statement. The FINANCE CHARGES are computed by a periodic rate of 1.5% per month. This rate totals an ANNUAL PERCENTAGE RATE of 18%. This rate will be applied to the unpaid balance after deducting the current payments and/or credits appearing on the statement from the previous balance. This Agreement shall be construed under the laws of the State of Florida and each party to said Agreement warrants to the other that it has legal authority to enter into said Agreement. (2) POLLUTION ELIMINATION CORPORATION PELCO P.O. BOX 970529 MIAMI, FLORIDA 33197 (305) 251-6720 FAX (305) 378-8384 DATED this 01 day of MAY ATTEST: w , 1996 . CONTRACTOR: POLLUTION ELIMINATION CORPORATION d/b/a/ APELCO By Benja4htin T. Barlow, Asst. Secretary Wit Jfa es F. Barlow, President Company: Village of Key Biscayne, Florida i BY /jIIyL�L 45e6;Xv / 4/ e>P (3) POLLUTION ELIMINATION CORPORATION PELCO P.O. BOX 970529 MIAMI, FLORIDA 33197 (305) 251-6720 FAX (305) 378-8384 EXHIBIT A For the operation and maintenance of the Stormwater Pumping Stations owned by VILLAGE OF KEY BISCAYNE and located at 200 OCEAN LANE DRIVE AND 100 EAST HEATHER DRIVE hereby referred to as the "Company", and operated by Pollution Elimination Corporation, d/b/a/ PELCO, hereby referred to as the "Contractor". A. SCOPE 1. Once a week visit to check pump station operation during the months of May through October, (wet season). 2. Bi-monthly visit to check pump station operation during the months of November through April, (dry season). 3. Check the level controls. 4. Log the hour meters. 5. Periodic logging of amperage. 6. Annual spraying of controls to protect against corrosion. 7. 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 by supplied except when agreed to by both parties. POLLUTION ELIMINATION CORPORATION PELCO P.O. BOX 970529 MIAMI, FLORIDA 33197 (305) 251-6720 FAX (305) 378-8384 C. WORK REQUIRED 1. It is the intention that during periods of special operations, breakdowns or emergencies the Contractor will provide operators at the rate of $42.00 per hour per man and truck, $63.00 per hour when two (2) operators are required and will be known as the daytime rates. After 5:00PM, Saturday, Sunday, or Holidays the rate will be $63.00 per man and truck, $94.50 per hour when two (2) operators are required and will be known as the nighttime or weekend rates. 2. It is the intention that during periods of breakdowns or emergencies the Contractor can, if necessary, provide vacuum tank service at the rate of $105.00 per hour per truck daytime and $157.50 per hour per truck after 5:00PM Saturday, Sunday, or Holidays. 3 It is intended that the Contractor will have or obtain the necessary equipment for removal of the pumps up to the limit of Contractor's equipment. 4. It is intended that the actual cost of equipment or repairs furnished by others be reimbursed to the Contractor at cost plus 15% based on evidence of actual cost to Contractor. 5. It is intended that during times of emergencies or breakdowns the Contractor can, if necessary, provide Vac -Con truck service at the rate of $130.00 per hour with a three hour minimum known as daytime rates. After 5:00PM Saturday, Sunday, or Holidays the Vac -Con rate is $195.00 per hour. 6. It is intended that the trash/debris collected box be cleaned on a semi-annual basis. Vacuum truck service is to be provided at the rate of $.114 per gallon. These charges include hauling charges, Dump fees and DERM fees. These cleanings will be before the wet season and at the end of the wet season. VILLAGE OF KEY BISCAYNE Village Council John F. Festa, Mayor John Waid, Vice Mayor Raulllorente Hugh T. O'Reilly Michele Padovan Betty Sime Raymond P. Sullivan Village Manager C. Samuel Kissinger Mr. Ben Barlow PELCO 10762 Southwest 188 Street Miami, Florida 33157 Dear Mr. Barlow: Office of the Village Manager May 3, 1996 Enclosed please find an executed copy of the pump station maintenance agreement between your firm and the Village for the pump stations located at 200 Ocean Lane Drive and 100 East Heather Drive. Thank you. Very truly yours, C. Samuel ssinger Village Manager CSKJyg cc: Guido H. Inguanzo, Jr., Village Clerk Armando Nunez, Public Works Supervisor 85 West McIntyre Street • Key Biscayne, Florida 33149 • (305) 365-5514 • Fax: (305) 365-8936 MISSION STATEMENT TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMLN I I OR ALL ISLANDERS I FIROUGH RESPONSIBLE GOVERNMLNI POLLUTION ELIMINATION CORPORATION PELCO P 0. BOX 970529 MIAMI, FLORIDA 33197 (305) 251-6720 FAX (305) 378-8384 AGREEMENT This agreement is entered into on this 01 day of MAY 1996 between VILLAGE OF KEY BISCAYNE hereinafter referred to as "Company", and Pollution Elimination Corporation, hereinafter referred to as PELCO or "Contractor". 1. This agreement contains this page, page two and Exhibit A attached hereto and made a part hereof. The procedures to be followed and work to be performed are outlined in the attached Exhibit A. 2. For the sum of $504.00 per month, May through October and for the sum of $252.00 per month, November through April. Due and payable by the 15th of the following month. Contractor will operate and service the Stormwater Pumping Station located at 200 OCEAN LANE DRIVE AND 100 EAST HEATHER DRIVE 3. This Contract becomes effective upon the execution of this Agreement by the parties hereto and is for a period of one year. This Agreement may be terminated by either party provided thirty (30) days advance notice, in writing, is given to the other party. POLLUTION ELIMINATION CORPORATION PELCO P 0. BOX 970529 MIAMI, FLORIDA 33197 (305) 251-6720 FAX (305) 378-8384 4. A finance charge will apply if the new balance is unpaid one month from the closing date of the statement. The FINANCE CHARGES are computed by a periodic rate of 1.5% per month. This rate totals an ANNUAL PERCENTAGE RATE of 18%. This rate will be applied to the unpaid balance after deducting the current payments and/or credits appearing on the statement from the previous balance. This Agreement shall be construed under the laws of the State of Florida and each party to said Agreement warrants to the other that it has legal authority to enter into said Agreement. (2) POLLUTION ELIMINATION CORPORATION ATTEST: PELCO P.O. BOX 970529 MIAMI, FLORIDA 33197 (305) 251-6720 FAX (305) 378-8384 DATED this -_ 01 day of MAY , 1996 . CONTRACTOR: POLLUTION ELIMINATION CORPORATION d/b/a/ PELCO By James F. Barlow, President :215-a4-4- Benj4min T. Barlow, Asst. Secretary Company: W0,4& ets( ,rkll By (3) 1,2to t_ L & }L t_A0 POLLUTION ELIMINATION CORPORATION PELCO P.O. BOX 970529 MIAMI, FLORIDA 33197 (305) 251-6720 FAX (305) 378-8384 EXHIBIT A For the operation and maintenance of the Stormwater Pumping Stations owned by _ VILLAGE OF KEY BISCAYNE and located at 200 OCEAN LANE DRIVE AND 100 EAST HEATHER DRIVE hereby referred to as the "Company", and operated by Pollution Elimination Corporation, d/b/a/ PELCO, hereby referred to as the "Contractor". A. SCOPE 1. Once a week visit to check pump station operation during the months of May through October, (wet season). 2. Bi-monthly visit to check pump station operation during the months of November through April. (dry season). 3. Check the level controls. 4. Log the hour meters. 5. Periodic logging of amperage. 6. Annual spraying of controls to protect against corrosion 7. 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 by supplied except when agreed to by both parties. POLLUTION ELIMINATION CORPORATION PELCO P.0 BOX 970529 MIAMI, FLORIDA 33197 (305) 251-6720 FAX (305) 378-8384 C. WORK REQUIRED 1. It is the intention that during periods of special operations, breakdowns or emergencies the Contractor will provide operators at the rate of $42.00 per hour per man and truck, $63.00 per hour when two (2) operators are required and will be known as the daytime rates. After 5:00PM, Saturday, Sunday, or Holidays the rate will be $63.00 per man and truck, $94.50 per hour when two (2) operators are required and will be known as the nighttime or weekend rates. 2. It is the intention that during periods of breakdowns or emergencies the Contractor can, if necessary, provide vacuum tank service at the rate of $105.00 per hour per truck daytime and $157.50 per hour per truck after 5:00PM Saturday, Sunday, or Holidays. 3. It is intended that the Contractor will have or obtain the necessary equipment for removal of the pumps up to the limit of Contractor's equipment. 4. It is intended that the actual cost of equipment or repairs furnished by others be reimbursed to the Contractor at cost plus 15% based on evidence of actual cost to Contractor. 5. It is intended that during times of emergencies or breakdowns the Contractor can, if necessary, provide Vac -Con truck service at the rate of $130.00 per hour with a three hour minimum known as daytime rates. After 5:00PM Saturday, Sunday, or Holidays the Vac -Con rate is $195.00 per hour. 6. It is intended that the trash/debris collected box be cleaned on a semi-annual basis. Vacuum truck service is to be provided at the rate of $.114 per gallon. These charges include hauling charges, Dump fees and DERM fees. These cleanings will be before the wet season and at the end of the wet season. A1C4Ii1I1i. CERTIFICATE OF INSURANCE CSR AM PAYEIMM/OD/YYI PELCO-1 04/29/96 PRODUCER NEXT Risk Management William F. Comiskey, Jr., CIC 1900 Glades Road, Suite 355 r 111.,S CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EKTEND OK ALTER THE COVERAGE'. APPORDED BY THE POLICIES BELOW. Boca Raton FL 33431-7333 COMPANIES AFFORDING COVERAGE W.F. Comiskey, Jr., CIC 746134 PhoneNo, qQ7-338-0488 FSIINo. COMPANY A National Union Fire Ins. Co. INSURED COMPANY B PELCO COMPANY C P.O. Box 970529 COMPANY Miami, FL 33197 ; D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMMIOO/YYI POLICY EXPIRATION DATE IMM/DDIYYI LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ 6 COMMERCIAL GENERAL LIABILITY PRODUCTS . COMP/OP AGO jCLAIMS MADE OCCUR PERSONAL & ADV INJURY i OWNER'S S CONTRACTOR'S PROT EACH OCCURRENCS e $ FIRE DAMAGE (Any one I,ie) MED EXP (Any one psrsonl $ AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT 6 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY I 6 HIRED AUTOS NON -OWNED AUTOS BODILY INJURY {Pe, Aool0ent1 6 PROPERTY DAMAGE S GARAGE LIABILITY AUTO ONLY EA ACCIDENT S ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT AGGREGATE 1 EXCESS LIABILITY EACH OCCURRENCE 6 UMBRELLA FORM AGGREGATE I OTHER THAN UMBRELLA FORM $ A WORKERS COMPENSATION AND X STATUTORY LIMITS EMPLOYERS' LIABILITY EACH ACCIDENT $ 100, 000 THE PROPRIETOR/ INCL WC 477-03-66 RA 02/15/96 02/15/97 DISEASE-POLICYUMIT 6 500,000 PART NERSIEXEC LIT! YE OFFICERS ARE. 6YCt DISEASE EACH EMPLOYEE 0 100,000 OTHER 1 DESCRIPTION OF OPERATIONS/LOCATION&NEHICLESISPECULL ITEMS CERTIFICATE HOLDER VILL018 village of Key Biscayne CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED PQLICIR= BE CANCELLED DC OIW nit EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Jack Neustache 85 West IdeIntarye Street Key Biscayne, FL 33149 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMP ITS AGENTS OR REPRESENTATIVES ACORD 2S -S (3193) AUTHORIZED E TATIVE W.F. r., CIC 4 0 ACORD CORPORATION 1993 ACORDM CERTIFICATE OF LIABILITY CIC 355 746134 No 561-394-7730 INSURANCE CSR AM DATE(MM/DD/YY) PELCO-1 03/06/97 PRODUCER NEXT Risk Management William F. Comiskey, Jr., 1900 Glades Road, Suite Boca Raton FL 33431-7333 W.F. Comiskey, Jr., CIC Phone No 561-338-0488 Fax THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A Coregis Insurance Company INSURED PELCO P.O. Box 970529 Miami, FL 33197 COMPANY B COMPANY C COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO L TYPE OF INSURANCE POLICY EFFECTIVE POLICY EXPIRATION POLICY NUMBER CAT= ; :G' '„DD^'Y; :DATE t"1 M. '..:`,D. ,., , , Y; LIMITS A GENERAL LIABILITY X li COMMERCIAL GENERAL LIABILITY FR913-9674 03/07/97 1 ' 03/07/98 GENERAL AGGREGATE $ 1,000,000 I PRODUCTS -COMP/OPAGG $ 1,000,000 CLAIMS MADE X OCCUR -OWNER'S & CONTRACTOR'S PROT PERSONAL & ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 `FIRE DAMAGE (Any one fire) $ 50,000 MED EXP (Any one person/ $ 5,000 A AUTOMOBILE LIABILITY I ANY AUTO FR913-9674 03/07/97 03/07/98 COMBINED SINGLE LIMIT $ 1,000,000 , ALL OWNED AUTOS X I SCHEDULED AUTOS BODILY INJURY (Per person) BODILY INJURY Per accident) $ X HIRED AUTOS $ X I NON -OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY !1 ANY AUTO AUTO ONLY EA ACCIDENT $ OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE S (NEED ,-4,1 I IRMODCI I A CCp WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR INCL PARTNERS/EXECUTIVE ! TORY LIMITLIMITTATU- O TH S ERR EL EACH ACCIDENT $ EL DISEASE - POLICY LIMIT $ OFFICERS ARE EXCL EL DISEASE - EA EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS The Certificate Holder is Additional Insured, per GL policy forms. CERTIFICATE HOLDER VILL018 Village of Key Biscayne Attn: Jack Neustache 85 West Mclntarye Street Key Biscayne, FL 33149 ACORD 25-S (1/95) CANCELLATION SHOULD ANY EXPIRATION 10 DAYS OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY UPON THE COMPANY, ITS AGENTS OR REPR ATIVES BUT FAILURE OF ANY KIND AUTHORIZED REPRESENTATIVE ff< W.F. Comiskey, Jr., CIC 746134 ©ACORD CORPORATION 1988 ACORD CERTIFICATE Suite OF LIABILITY Jr., CIC 355 CIC 746134 Fax No 561-394-7730 INSURANCE CSR AM DATE(MMlDD/YYI PELCO-1 02/14/97 PRODUCER NEXT William 1900 Boca W.F. Phone No INSURED Risk Management F. Comiskey, Glades Road, Raton FL 33431-7333 Comiskey, Jr., 561-338-0488 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANY A COMPANY B COMPANY C COMPANIES AFFORDING COVERAGE National Union Fire Ins. Co. PELCO P.O. Box 970529 Miami, FL 33197 COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE INDICATED, NOTWITHSTANDING CERTIFICATE MAY BE ISSUED EXCLUSIONS AND CONDITIONS POLICIES OF INSURANCE LISTED BELOW HAVE ANY REQUIREMENT, TERM OR CONDITION OR MAY PERTAIN, THE INSURANCE AFFORDED OF SUCH POLICIES LIMITS SHOWN MAY HAVE OF BY POLICY ',ATE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, BEEN REDUCED BY PAID CLAIMS CO LTr. TYPE OF INSURANCE POLICY NUMBER EFFECTIVE IMMmr)/vvI POLICY EXPIRATION I LIMITS DATE IMM/DDIYYI GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY PROT GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ CLAIMS MADE I OCCUR PERSONAL & ADV INJURY OWNER'S & CONTRACTOR'S EACH OCCURRENCE FIRE DAMAGE (Any one fire) $ $ MED EXP (Any one person) S AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT 5 BODILY INJURY IPer person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE S GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT S OTHER THAN AUTO ONLY $ EACH ACCIDENT AGGREGATE 5 1 A EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA COMPENSATION LIABILITY PROPRIETOR/ ARE FORM AND INCL EXCL EACH OCCURRENCE $ _ WORKERS EMPLOYERS' THE PARTNERS/EXECUTIVE OFFICERS AGGREGATE $ $ WC 880-27-01 RA 02/15/97 X WC STATU- [0TH - TORY LIMITS I ER EL EACH ACCIDENT $ 100,000 02/15/98 EL DISEASE POLICY LIMIT $ 500,000 EL DISEASE - EA EMPLOYEE $ 100,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER Village of Attn: Jack 85 West McIntarye Key Biscayne, ACORD 25-S (1/95) VILL018 Key Biscayne Neustache Street FL 33149 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OB ATION OR LIABILITY OF ANY KIND UPON THE COMPANY, Iyg,AIGENTS OR RE S TIV ,C ,.AUTHORIZED REPRESENTATIVE +1,l,',,',w :F�S W.F. Comiskey, Jr., CIC 746134 ©ACORD CORPORATION 1988 PELCO Pollution Elimination Corporation Serving South Florida Since 1970 P.O. Box 970529 Miami, FL 33197 (305) 251-6720 FAX (305) 378-8384 EXHIBIT A 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. 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. Attest: V 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. anager ei,J.a J .r 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 ElimmationTrp. 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 CON "TRACTOR 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 The term of this Agreement is 1 year(s) unless earlier terminated pursuant to paragraph eight. 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. 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.