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HomeMy Public PortalAbout1998 Maintenance Agreement.tifVILLAGE OF KEY BISCAYNE AGREEMENT FOR SERVICES THIS AGREEMENT, made and entered into on the second day of November, 1998 by and between the VILLAGE OF KEY BISCAYNE, Dade County, Florida, party of the first part (hereinafter called "Village"), and Ang • 1 Pagen, party of the second part (hereinafter called "Contractor"); RECITALS The VILLAGE wants to engage the CONTRACTOR to perform certain services as described in accordance with paragraph 1, scope of services to this agreement ("Specified Services"). The CONTRACTOR wants to provide such Specified Services in connection with maintenance of village green restrooms. In consideration of the mutual covenants in this Agreement, the parties agree as follows: 1. SCOPE OF SERVICES The CONTRACTOR agrees, as directed by the Village Manager, to perform Specified Services as outlined in Exhibit A. 2. FEES FOR SERVICES The CONTRACTOR agrees to perform Specified Services for the VILLAGE at $20.00 per day. 3. TERM The term of this agreement is one year unless terminated pursuant to paragraph 7 or extended pursuant to paragraph 9. 4. GENERAL TERMS AND CONDITIONS The VILLAGE reserves the right to increase or decrease the responsibilities of the CONTRACTOR with appropriate adjustments to the contract price. 5. ASSIGNMENT This Agreement shall not be assignable by the CONTRACTOR. Page 1 of 3 6. PROHIBITION AGAINST CONTINGENT FEES The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for the CONTRACTOR, to solicit or secure the Agreement, and that it has not paid or agreed to pat any person(s), company, corporation, individual or firm, other than a bonafide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement unless otherwise approved by the Manager of the Villager of Key Biscayne. 7. TERMINATION This Agreement may be terminated by the VILLAGE upon ten days' written notice with or without cause or by CONTRACTOR upon 45 days' written notice with or without cause. If this agreement is terminated, the CONTRACTOR shall be paid in accordance with the provisions of Paragraph 2 of this contract for all acceptable work performed up to the date of termination. 8. NONEXCLUSIVE AGREEMENT The services to be provided by the 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. 9. 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. 10. ATTORNEY'S FEES In connection with any litigation arising out of this agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. This provision shall exclude all litigation resolved by agreement of the parties. 11. NOTICES All notices and communications to the VILLAGE shall be in writing and shall be deemed to have been properly given if transmitted br 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: C. Samuel Kissinger Village Manager 85 West McIntyre Street Key Biscayne, Florida 33149 Richard Jay Weiss, Esq. Village Attorney Weiss Serota & Helfivan, P.A. 2665 South Bayshore Drive Suite 204 Miami, Florida 33133 Conchita H. Alvarez Village Clerk 85 west McIntyre Street Key Biscayne, Florida 33149 Contractor: Angel Pagen 12. GOVERNING LAW The 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 condition above stated on the day and year first above written. CONTRACTOR Angel G. Pagan 1800 SW 25th #2307 Miami, FL. 33133 (305) 285-7718 By: Attest: A) 6--e / .49 ,9;0 Angel Pag Contractor VILLAGE Village of Key Biscayne 85 West McIntyre Street Key Bisca Florida 33149 By. .r C. Samue Kissinger Village afiager EXHIBIT A Description: Maintenance Staff Will clean the Village Green restroom twice a day seven days a week. Will open the and clean the restrooms before 7:30 a.m., and clean them again between 3:00p.m. and 6:00p.m. in the afternoon. Will notify the Recreation Department of any change of schedule as early as is practicable. Will maintain the facilities (sweep, mop, replace towels and tissue as necessary, empty litter baskets, clean sinks and toilet bowls, notify the Recreation Department of any needed repairs in or around the building, etc.) DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT, Miami - Dade County Wastewater Section, 33 SW 2nd Avenue, Suite 100 Miami, Florida 33130-1540, Ph. # (305) 372-6514 Page 1 of 2 PRIVATE SANITARY SEWERS OPERATING (PSO) PERMIT APPLICATION J GENERAL INFORMATION (Please print or type) PSO#: (To be Assigned by DERM) Facility Name. Village Green Restrooms (Include Store Number, If applicable) Company Name. Facility Address: 400 Crandon Boulevard Property Owner: (As it appears in County records) Property Tax Folio No. 7447370070131 Village of Key Biscayne Village of Key Biscayne Zip Code• 33149 Phone. (305) 365-8945 Facility Phone No - (305) 365-5514 PERMITTEE INFORMATION: Permittee Contact Name: Armando A. Nunez Title: Public Works Supervisor (Mailing Contact Name) Mail Address: 85 West McTntyre Street City: Key Bi scayne State: Ft. Zip Code: 33149 Phone No - (305) 365-8945 Emergency Contact Person: Ben Barlow/Pelco Inc. Phone (24 HRS)• (305) 251-6720 COLLECTION SYSTEM INFORMATION (Complete Information Required) Number of Pump Stations within property: l Pump Capacity (GPM): 40 / 40 (Pump 1) (Pump 2) Total Number of Sanitary Sewer Manholes Within the Property: 1 Total Length of the Gravity Sewer Lines (Attach copy of As -Built drawings of the sanitary lines) 4" Diam. (ft.): 6" Diam. (ft.): 8" Diam. (ft.): 1 77 10" Diam. (ft.): 12" Diam. Or Larger: Maintenance/Service Contractor: Pelco Inc. Phone No • (305) 251-6720 Please attach a check in the amount of *** $ 110.00 made payable to "Miami -Dade County". This fee amount is based on the fee schedule approved by the Board of County Commissioners. *** Fee will be based on the total length of the sanitary collection system and the number of pump stations within the property. SEE BACK OF THIS FORM FOR AUTHORIZATION DERM FORM: PSO-06 File E \Forms\PSO_APPLICATION Page 2of2 The undersigned owner or authorized representative* of: Vi 1 1 age of Key Ri srayne is fully aware that the statements made in this application for an operation permit are true, correct, and complete to the best of his/her knowledge and belief. Further, the undersigned agrees to maintain and operate the pollution source and pollution control facilities in such a manner as to comply with the provisions of Chapter 24, Metropolitan Dade County Code, and all the rules and regulations of the department. He/She also understands that a permit, if granted by the department, will be non -transferable and he/she will notify the department upon sale, change of location, or legal transfer of the permitted facility. *attach letter of authorization SUBSCRIBED AND SWORN TO BEFORE ME THIS BY CJ htUJh4LL.J,)4 C_ Sanutel KiSsin er er, ManaS Village g Signature, Owner Authorized Person Typed Name / 9 DAY OF -kay- ,19 6.-14 PERSONALLY KNOWN ✓ OR PRODUCED ID TYPE OF ID NOTARY PUBLIC OP HCQALNr PCAR�Y' A MAR'TEU .MAUNA NOTARY Mar STATE OP R.,outtDA COMMISSION NO. CC651188 MY COMMISSION EXP. NJAY 282001 Fee Schedule Sanitary Pump Station fee remains at $110.00 each For to facilities that have at least 1,000 L.F. criteria • 4 in. pipe: No Charge • 6 in. pipe: $0.10/LF • 8 in. pipe: $0.15/LF • >8 in. pipe: $0.20/LF DERM FORM: PSO-06 File•E \For ns\PSO APPLICATION