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HomeMy Public PortalAbout1998 Agreement between VKB-South Dade Electrical.tifVILLAGE OF KEY BISCAYNE AGREEMENT FOR SERVICES THIS AGREEMENT, made and entered into this 2 3 rd day of July , 19 98 , by and between the Village of Key Biscayne (the "VILLAGE") and South Dade Electrical Supply, Inc. (the "SUPPLIER"). RECITALS: Specified The VILLAGE wants to engage the SUPPLIER to perform certain a e€ois I --services as specifically described in Exhibit A to this Agreement ("Specified Services"). The 9i 14iEf F wants to provide electrical supplies SUPPLIER In consideration of the mutual covenants set forth in this Agreement, the parties agree as follows: 1. SCOPE OF SERVICES The SUPPLIER agrees to provide Specified Services upon written request from the Village Manager as provided for in this Agreement. 2. FEES FOR SERVICES The SUPPLIER agrees to charge the VILLAGE for Specified Services provided in accordance with Exhibit A. The SUPPLIER will issue an invoice once a month for the work which has been completed. Said invoices is payable by the VILLAGE within 30 days. The VILLAGE shall pay to the SUPPLIER for the faithful performance of this agreement, in lawful money of the United States of America. The Village reserves the right to add or delete the quantity of supplies. &Ltd =atebElti it )ElTibh=A= cAp=tY6stafaiitted- thr glq embeF 4CT 4 }8. 1' 7 C)I 3. TERM The term of this Agreement is 1 year(s) unless earlier terminated pursuant to paragraph eight. 4. GENERAL TERMS AND CONDITIONS All work papers and documents that result from the SUPPLIER 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 SUPPLIER 5. INSURANCE The SUPPLIER shall at all times carry worker's compensation insurance (as required by law), public liability and property damage insurance, and automotive public liability and property damage insurance with minimum policy limit in the amount of Three Hundred Thousand Dollars ($300,000.00) per occurrence. The VILLAGE shall be named as an Page 1 of 3 JUL 15 698 additional insured on all of the above 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 SUPPLIER. 7. PROHIBITION AGAINST CONTINGENT FEES The SUPPLIER warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the SUPPLIER, 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 SUPPLIER 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 45 days' written notice with or without cause and by the SUPPLIER upon 45 days' written notice with or without cause. If this Agreement is terminated, the SUPPLIER 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 SUPPLIER 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 SUPPLIER The SUPPLIER 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. 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: Page 2 of 3 Village: With a copy to: SUPPLIER: 13. GOVERNING LAW C. Samuel Kissinger Village Manager Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 (305) 365-5514 Richard J. Weiss, Esq. Village Attorney Weiss, Scrota & Helfman, P.A. 2665 South Bayshore Drive Suite 204 Miami, Florida 33133 (305) 854-0800 South Dade Electrical Supply, Inc. 13100 S.W. 87 Avenue Miami, Florida 33176 (305) 238-7131 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 terns and conditions above stated on the day and year first above written. SUPPLIER: South Dade Electrical Supply, Inc 13100 S.W/87 Avenue Miami, Fl©rida 33176 By: /( South Dade Electrical Supply, Inc. Print Name: DON C. ELLIOTT Attest ,r Print Name X,�t i 4 (e c( TI e_ Authorized by Village Council on July 1, 1998 Page 3 of 3 VILLAGE: Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 By: ...ZL_ Attest: C. Samuel Kissirlger, Village Manager Print Naive: el x (//' /!/ 2 /. �'- ` /)x II JI 1 5 1998 EXHIBIT "A" ' ; Supply the following (installation by others): Medians 4 & 5 at Crandon Blvd. Item Quantity Description Unit Price Total Price 1 62 H.I D. Underground Luminaries 357.00 22,134.00 as manufactured by Hubbell Model # 1100HL-1000RG 2 62 H.I.D. Lamps, 100 Watts Metal 21.40 1,326.80 Halide Medium Base, ED -17, Clear 3 20 H.I.D. Lamps, 100 Watts Metal 24.00 480.00 Halide Medium Base, PAR -38, Flood 4 20 H.I.D. Lamps, 100 Watts Metal 24 00 480.00 Halide Medium Base, PAR 38, Spot Medians Ocean Lane Drive Item Quantity Description Unit Price Total Price 1 36 H.I.D. Up -Light Luminaries with , 396.00 14,256.00 mounting stem as manufactured by ZED Model # ZUL-100MH- V23 2 36 H.I.D. Up Light Luminaries w/ 432.00 15,552.00 mounting stem w/ GFI Receptacle as manufactured by ZED Model # ZUL-100MH-V23-120GF 120 3 72 H.I.D. Lamps, 100 Watts Metal 21.40 1,540.80 Halide Medium Base, ED -17, Clear "' t 5 Io0R East Enid Lake Park Item Quantity Description Unit Price Total Price 1 25 FI I.D. Underground Luminaries 357.00 8,925.00 as manufactured by Hubbell Model # 1100HL-1000RG 2 62 H.I D. Lamps, 100 Watts Metal 21.40 1,326.80 Halide Medium Base, ED -17, Clear 3 6 H I.D. Up -Light Luminaries with 396.00 2,376.00 mounting stem as manufactured by ZED Model # ZUL-100MH- V23 4 6 H.1 D. Lamps, 100 Watts Metal 21.40 128.40 Halide Mogul Base, ED -17, Clear ACORD CERTIFICATE OF LIABILITY Ext 323 Fax No. 305-447-0209 INSURANC OUTAG7 D11/24/98 PRODUCER Kolisch Insurance 90 Almeria Avenue Coral Gables FL 33134 Gayle A. Bainbridge, Phone No. 305-447-8600 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 Hartford Insurance Co. (HA1) INSURED South Dade Electrical Supply, Inc & South Dade Lighting, Inc 13100 S.W. 87th Avenue Miami FL 33156 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 LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY PROT 21UUNLH5471 07/15/98 07/15/99 GENERAL AGGREGATE $2,000,000 X PRODUCTS - COMP/OPAGG $2,000,000 CLAIMS MADE X OCCUR PERSONAL & ADV INJURY $ 1,000,000 OWNER'S & CONTRACTOR'S EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 300,000 MED EXP (Any one person) $ 10,000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 21UUNLH5471 07/15/98 07/15/99 COMBINED SINGLE LIMIT $ 1,000,000 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ A EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM 21WUNLH5471 07/15/98 07/15/99 EACH OCCURRENCE $ 1,000,000 X AGGREGATE $1,000,000 1 $ A WORKERS COMPENSATION EMPLOYERS' LIABILITY THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE: AND I INCL EXCL 21WBDS6891 12/07/98 12/07/99 1 I X WC STATU- OTH- TORY LIMITS ER EL EACH ACCIDENT $ 100,000 ELDISEASE-POLICY LIMIT I s 500,000 EL DISEASE - EA EMPLOYEE $ 100,000 OTHER )ESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Certificate Holder is listed as additional insured in respects to the General Liability. CERTIFICATE HOLDER VILLA -1 Village of Key Biscayne C. Sammuel Kissinger Village Manager 85 W. McIntyre Street Key Biscayne FL 33149 CORD 25-S (1/95) CANCELLATION SHOULD ANY EXPIRATION DATE 30 DAYS OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 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 REPRESENTATIVES. BUT FAILURE OF ANY KIND AUTHORIZED REP EN VE - ACORD CORPORATION 1988 1