HomeMy WebLinkAboutReso 2000-246
RESOLUTION NO. 2000-~ L.f~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA,
AUTHORIZING AN AGREEMENT BY AND BETWEEN
THE CITY OF SUNNY ISLES BEACH AND EARTH
AMERICA (RAPID ROOTER) ATTACHED HERETO AS
EXHIBIT "A", FOR CLEANING STORM DRAINS AND
CATCH BASINS, IN THE AMOUNT OF $23,900.00;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, over time each year, storm drains become clogged with sand and other
debris; and
WHEREAS, During the rainy season and particularly during hurricanes, the drain
system needs to be at maximum outflow; and
WHEREAS, the federal Environmental Protection Agency (EP A), National Pollution
Distribution Elimination System (NPDES) permitting requires that this process be accomplished
once each year.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1.
Approval of Contract.
The contract between the City of Sunny Isles Beach and Earth America
(Rapid Rooter) in the amount of $23,900.00, attached hereto as Exhibit "A,"
and the same, is hereby approved.
Section 2.
Authorization of the City Manager.
The City Manager is hereby authorized to negotiate said contract as outlined
in Exhibit "A" attached hereto and do all things necessary to effectuate the
agreement.
Section 3.
Effective Date. This resolution will become effective upon adoption.
PASSED AND ADOPTED this 11 day of July, 2000
RESO. 2000-246
1
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, ", Rjchard Brown~M'orilla, City Clerk
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. ,.<' AEPRCiVEI;>.AS TO FORM AND
LEGAl:;' SUFFICIENCY
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M. D eisser, City Attorney
Vote: .Lt -0-\
Mayor Samson
Vice Mayor Morrow
Commissioner Iglesias
Commissioner Kauffman
Commissioner Turetsky
RESO. 2000-246
Moved by:
Seconded by:
v (Yes)
V (Yes)
V (Yes)
_(Yes)
-4L-(Yes)
2
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C.hW\lI\\SoS\OIOY12 T~L~~'A~
_(No)
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_(No)
SERVICE AGREEMENT
THIS AGREEMENT ("Agreement"), made this 2.'f""'day nf ~ 2000,
by and between the City of Sunny Isles Beach, a municipal corporation, hereinafte called the
"City" and Rapid-Rooter Sewer and Drain Service, Inc., hereinafter called Contractor.
WHEREAS, the City operates and maintains the 146 stormwater drains (the
"Property");
WHEREAS, the City desires to contract with Contractor to provide the services described
in Exhibit "A", and for the consideration hereinafter named, Contractor covenants and agrees
with the City as follows:
1. Services. Contractor agrees to furnish all labor and materials in a good and
workmanlike and professional manner, to perform the work designated in Exhibit "A" attached
hereto, which is incorporated herein by reference. The services described in Exhibit "A" shall be
performed by Contractor to the full satisfaction of the City. Contractor agrees to have a qualified
representative inspect the Property on a regular basis to ensure all services are being performed
in accordance with Exhibit "A" and shall report to the City accordingly. Contractor agrees to
immediately inform the City via telephone and in writing of any problems that could cause
damage to Property, improvements and persons at the Property. Contractor will require its
employees to perform their work in a manner befitting the type and scope of work to be
performed.
2. Additional Services. If the need for additional work or changes under this Agreement is
identified by Contractor during the course of performing its obligations hereunder, Contractor
shall set forth such additional work and the cost thereof in a supplemental work order (a
"Supplemental Work Order") and submit such Supplemental Work Order for approval by the
City. No such additional work shall be done or paid for without the specific prior written
approval of the City.
3. Payment for Vendor's Services. Payment to Contractor for all charges under this
Agreement shall be in accordance with this Agreement and the City agrees to pay the sum total
of Twenty Three Thousand Nine Hundred Dollars ($23,900.00) for the services described in
Exhibit "A". Payment for the services shall be made in the following manner: (a) one-half of
the $23,900.00 upon commencement of the project by the contractor, (b) the remaining balance
of the $23,900.00 at the completion of the project.
4. Additional Compensation. The City Contractor shall make no other charges to the City
for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any
such expense or cost is incurred by Contractor with the prior written approval of the City. If the
City disputes any charges on the invoices, it may make payment of the uncontested amounts and
withhold payment on the contested amounts until they are resolved by agreement with
Contractor.
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5. Insurance. (a) Contractor shall, at its sole cost and expense, during the period of any
work being performed under this Agreement, procure and maintain the following minimum
insurance coverage to protect the City and Contractor against all loss, claims, damage and
liabilities caused by Contractor, its agents, contractors or employees, as more particularly set
forth below:
General liability insurance, including broad form contractual liability coverage for
bodily injury and property damage liability with limits of One Million Dollars
($1,000,000) combined single limit occurrence.
Such insurance shall not diminish Contractors indemnification obligations hereunder.
The insurance policy shall be issued by such company, in such forms and with such limits of
liability and deductibles as are acceptable to the City and shall be endorsed to be primary over
any insurance, which the City may maintain. Before any work under this Agreement is
performed, and at any time upon request, Contractor shall furnish to the City certificates of
insurance evidencing the minimum required coverage and appropriately endorsed for contractual
liability with the City named as an additional insured. All policies shall contain a waiver of
subrogation endorsement. All policies and certificates shall be in forms and issued by insurance
companies acceptable to the City's Risk Management Department. All insurance policies and
certificates of insurance shall provide that the policies may not be canceled or altered without
thirty (30) calendar days prior written notice to the City's Risk Management Department. The
City reserves the right from time to time to change the insurance coverage and limits of liability
required to be maintained by Contractor hereunder.
6. Relation to Parties. It is understood and agreed that nothing contained in this
Agreement shall be deemed to create a partnership, joint venture, other association, or an
employer/employee relationship between the Contractor and the City. Contractor shall be in the
relation of an independent contractor and is to have entire charge, control and supervision of the
work to be performed hereunder.
7. Compliance with Law. Contractor shall comply with all laws, regulations and
ordinances of any federal, state, or local governmental authority having jurisdiction with respect
to this Agreement (Applicable Laws) and shall obtain and maintain any and all material permits,
licenses, approvals and consents necessary for the lawful conduct of the activities contemplated
under this Agreement.
8. Waiver of Liabilitv/Indemnitv. The City shall not in any way be answerable or
accountable for any violations of applicable laws or for any injury, loss or damage arising from
the negligence or omission of Contractor or anyone of its employees, contractors or agents.
Contractor hereby agrees to indemnify, defend and hold harmless the City from and against any
claim, loss, damage, liability, cost or expense, including attorneys' fees, whether or not due to or
caused in whole or in part by City or its employees, arising out of (i) the performance or breach
by the Contractor of its obligations under this Agreement, (ii) any personal or bodily injury,
including death, to any person and destruction of property resulting from the performance or
breach by Contractor of its limits in excess of One Million Dollars ($1,000,000) for claims
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arising from a single occurrence. Contractors indemnify obligation shall extend up to but shall
not exceed the higher limits of that insurance. Contractor hereby irrevocably waives any right
and agrees not to file any mechanic's or materialman's lien against the interest of the owner of
the property.
9. Assi2:nment. This Agreement shall be binding upon and shall inure to the benefit of the
City and to any and all of its successors and assigns, whether by merger, consolidation, transfer
of substantially all assets or any similar transaction. Notwithstanding the foregoing, this
Agreement is personal to the Contractor and it may not, either directly or indirectly, assign its
rights or delegate its obligations to City hereunder without first obtaining the City's consent in
writing. Any such attempted assignment or delegation shall be deemed of no legal force and
effect whatsoever.
10. Term. The term of the Contract shall commence on ~ 1...'1_, 2000 (the
Commencement Date), and shall continue until &~..r24I ' 2000. The City shall have
the right to cancel this Agreement, at any time during the term hereof, upon thirty (30) days
notice to the Contractor. Payment will be made only for work completed to the satisfaction of
the City. Contractor is to commence performance of work on the Commencement Date and
continue in a diligent manner until work is complete. Contractor acknowledges that compliance
with the commencement and completion schedule is on the essence of this Agreement. The
terms of paragraphs 7 and 8 hereof shall survive termination of this Agreement.
11. Notices. All notices and other communications required or permitted to be given
under this Agreement by either party to the other shall be in writing and shall be sent (except as
otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return
receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier
service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by
certified or registered mail, first class postage prepaid, return receipt requested or by overnight
delivery by traditionally recognized courier service), addressed to such party as follows: if to the
City to City Manager, City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250, Sunny
Isles Beach, Florida 33160. The address of the Contractor for notices is Rapid-Rooter Sewer
and Drain Services, Inc. 25 N.E. 5th Street, Pompano Beach, Florida 33060.
12. Governin2: Law. The validity of this Agreement and the interpretation and
performance of all of its terms shall be construed and enforced in accordance with the laws of the
State of Florida, without regard to principles of conflict of laws thereof. The location of any
action or proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade
County, in the State of Florida.
13. Miscellaneous. In the event any provision of this Agreement is found to be void
and unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall nevertheless be binding upon the parties with the same effect as though the void
or unenforceable provisions had been severed and deleted. This Agreement may be executed in
multiple identical counterparts, each of which shall be deemed an original for all purposes. This
Agreement shall constitute the entire agreement between the parties with respect to the subject
matter hereof, and it shall supersede all previous and contemporaneous oral and written
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negotiations, commitments, agreements and understanding relating hereto. 'Any modification of
this Agreement shall be effective only if in writing and signed by the parties to this Agreement.
No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is
in writing and signed by the parting granting such waiver.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement In
duplicate on the day and year first written above.
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RAPID-ROOTER SEWER AND DRAIN
SERVICES, INC.:. J
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WITNESSES:
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