Loading...
Resolution 587-1988 Dent Pierce, A.C.A. Division of Public Works RESOLUTION NO. 587 -1988 A RESOLUTION OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZ- ING THE MAYOR/CHAIRMAN OF THE BOARD TO EXECUTE AN AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AND UNIVERSAL BEACH SERVICE CORP., CONCERNING CLEANING SERVICES FOR HIGGS BEACH. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is hereby authorized to execute an Agreement by and between the Board of County Commissioners of Monroe County, Florida, and Universal Beach Service Corp., a copy of same being attached hereto, concerning cleaning services for Higgs Beach. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 1st day of November, A.D. 1988. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA L7 ~."t,? By~ ,~ Ma 0 a~rman (Seal) Attest :DANNY L. KOLHAGE, Clerk AGREEMENT AGREEMENT, made this \ ~~ day of ~ e~~\N\. \::.e~ , 1988, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA ("County") and UNIVERSAL BEACH SERVICE CORP., Post Office Box 2151. Delray Beach. Florida ("Universal") WHEREAS. the County desires to contract for cleaning services for certain beaches located within the City of Key West, and WHEREAS, Universal is ready and able to provide said ser- vices and was the successful bidder pursuant to a Request for Proposals issued by the County; NOW, THEREFORE, in mutual consideration of the benefits ~ccruing to the parties through performance of the terms of this Agreement, the County and Universal agree as follows: 1. Scope of Work. Universal shall provide beach cleaning services for Higgs Beach, said services to include the following: a. For a base bid of $23.725. Universal shall clean and maintain the entire beach from water's edge (above the mean water line) to the curb line, seven (7) days per week, weather permitting; cleaning and maintaining to be completed by 9:30 a.m.; b. For a base bid of $1,000. Universal shall purchase and plant appropriate vegetation in order to preserve and build the dunes and beaches naturally; Universal shall guarantee the fertility of 80% of such vegeta- tion; c. For a base bid of $5,200, Universal shall spread sand furnished by the County at the rate of 20 cubic yards per week in order to maintain the contour of the beach against wave action. 2. ~. The term of this Agreement shall begin on November 1. 1988 and shall continue for one (1) year unless sooner terminated as provided in paragraph 9 below. 3. Total Contract Price. The total contract price shall be . J "29)92.S ~ $49,325. payable in equal monthly installments as provided in ~L3 paragraph 4 below. 4. Billin~/Payment Schedule. Universal shall submit. an invoice to the County the first of each month during the contract term. The County shall pay one-twelfth (1/12) of the total contract price to Universal by the fifteenth of each month during the contract term. 5. Permits and Approvals/Compliance with Law. Universal shall obtain and maintain all necessary permits and approvals rela ting to this Agreement, and shall comply with all federal, state and local laws and regulations concerning the subject matter of the Agreement. 6. Notification of Sea Turtle Nesting Activity, Etc. Universal shall use its best efforts to observe for and to immediately notify the County Administator' s office of any sea turtle nesting, attempted nesting or crawl activity in the contract area. Universal shall further coordinate and cooperate with state agencies and sea turtle conservation organizations in nest removal or relocation (if necessary) and in monitoring any nest hatching and to reschedule work activities if necessary for such purposes. 7. Indemnification. Universal shall indemnify, defend and hold harmless the County, its officers, employees and agents from all actions, claims, penalties and judgments for damages at law or equity of any nature whatsoever arising or alleged to arise out of (a) the acts or omissions of Universal, its employees, agents, independent contractors, licensees, customers or invitees, or out of (b) Universal's operation of its business or exercise of rights conferred by this Agreement. Universal shall defend the County and shall pay for all reasonable expenses incurred by the County in defending itself, with regard to all damages and penalties the County may legally be required to pay as a result of the rights granted hereunder. Expenses shall include all incidental expenses including attorney fees and shall include a reasonable value of any services rendered by the office of the County Attorney. Universal's obligations hereunder shall not in any way be limited by the amounts of insurance expressly required by paragraph 8 below. In all instances where Universal may be required to indemnify the County, the County shall give Universal prompt and timely notification of any claims. Universal shall bave the right to select counsel and to direct the conduct of the legal action. The County shall not enter into any settlement agreement or otherwise terminate the action without the consent of, and at its option, participation by Universal or its legal representa- tive. 8. Insurance. Universal shall provide at its expense comprehensive liability insurance insuring itself and the County against all claims of damages or injury to persons or property arising for any reason out of its activities related to this Agreement, or otherwise arising from its exercise of rights or failure to perform obligations pursuant to this Agreement. The insurance policy shall be written by a solvent insurance company in good standing and fully licensed to do business in Florida, and shall provide a minimum of $500,000 coverage for bodily injury and property damage. A true copy of the insurance contract shall be filed with the Risk Management Coordinator within 10 days after execution of this Agreement and shall be maintained on file throughout the term of the Agreement. The insurance amounts herein shall not in any way operate to limit or release, or be construed to limit or release, Universal from any liability to the County or from any obligation to indemnify the County as provided herein. Said insurance amount is a minimum requirement and shall be supplemented by Universal as necessary to meet its obligations, and to fully indemnify the County as provided in this Agreement. 9. Termination. Either party may terminate this Agreement upon material breach of any duty or obligation incurred by the other party pursuant to the terms of this Agreement, after thirty (30) days written notice to the other party. 10. Successors to Parties Bound. This Agreement shall be binding upon any successor(s) in interest, assign(s) and sublessee(s) of the parties. 11. Captions. Headings labeling any provisions herein are for convenience only, and shall not in any way be construed as affecting, limiting, expanding or stating the contents, meaning or intent of this Agreement. 12. Entire Agreement. This Agreement sets forth all the covenants, promises, agreements and understandings between the County and Universal. No subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the County or Universal unless reduced to writing and duly executed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year firs t above written. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: MAYOR/CHAIRMAN (SEAL) Attest: CLERK /)j~f)~ ~(Z~ APPROVED AS 1010llM AN~ jfE.GAL SUFFICr Oy ~~;~:;.;~(~' ,~"U l t