HomeMy Public PortalAbout2008-22 Agreement with Keith and Schnars, PA ConsultantsRESOLUTION NO. 2008-22
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING
AGREEMENT FOR CAPITAL IMPROVEMENT PROGRAM
PLANNING SERVICES BETWEEN KEITH AND SCHNARS,
P.A., AND THE VILLAGE OF KEY BISCAYNE;
IDENTIFYING AND AUTHORIZING FUNDING SOURCE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to the RFQ competitive selection process utilized by the Village for
Capital Improvement Program Planning Services, the Village Council of the Village of Key Biscayne
desires to utilize the work and services of Keith and Schnars, P.A. (the "Consultant"), an experienced
capital improvement program planner, to review current public facility capacity, review current
projects, and create and implement the Village's comprehensive capital improvements program; and
WHEREAS, the Village Council allocated funds in the FY08 Capital Outlay Budget for this
project under "Reserve for Capital Projects"; and
WHEREAS, the Village Council finds that the approval of the Agreement for Capital
Improvement Program Planning between Consultant and the Village (the "Agreement"), attached
as Exhibit "A", is in the best interest of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE
OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the recitals stated above is hereby
adopted and confirmed.
Section 2. Authorization. That the Agreement (Exhibit "A") is hereby approved and
the Village Manager is hereby authorized to execute the attached Agreement between Consultant and
the Village for the provision of work and services described in the Agreement, in substantially the
form attached hereto, once approved by the Village Attorney as to form and legal sufficiency.
Section 3. Funding Source. That the Village Manager is authorized to utilize funds
from the "Reserve for Capital Projects" source in FY08 Capital Outlay Budget for expenditures
required by the Agreement.
Section 4. Implementation. That the Village Manager is authorized to take all action
necessary to implement the purposes of this resolution and the Agreement.
Section 5. Effective Date. That this resolution shall be effective immediately upon
adoption hereof.
PASSED AND ADOPTED this 13th day of May, 2008.
Al 1:
44/C/(4?f
CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK
APPROVED AS T ' ORM AND LEGAL SUFFICIEN
VILLAGE A • RNE
MAYOR ROBERT L. VERNON
VILLAGE OF KEY BISCAYNE
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into thi ay of May, 2008, by and between
the VILLAGE OF KEY BISCAYNE (the "VILLAGE") and KEITH AND SCHNARS, P.A., a
Florida professional association which is authorized to do business in the State of Florida (the
"CONSULTANT").
RECITALS:
The VILLAGE wants to engage the CONSULTANT to perform for the VILLAGE certain
professional capital improvement program planning services (the "Specified Services"), which are
within CONSULTANT'S expertise , as specifically described in the scope of work negotiated by
the VILLAGE and CONSULTANT (the "Proposal") after CONSULTANT was selected at the
conclusion of the RFQ process, a copy of which Proposal is attached hereto and incorporated herein
as Exhibit "A". The anticipated plan for the progress of the work is contained within the schedule
(the "Anticipated Schedule"), attached as Exhibit "B". The CONSULTANT wants to provide such
Specified Services as described in the Proposal.
In consideration of the mutual covenants set forth in this Agreement, the parties agree
as follows:
1. SCOPE OF SERVICES
A. CONSULTANT agrees to perform the Specified Services upon written request from the
Village Manager.
B. CONSULTANT shall expend all necessary efforts to competently and professionally
complete all tasks in accordance with a final schedule to be approved by the Village Manager, and
intends to follow the Anticipated Schedule.
C. CONSULTANT shall perform additional services beyond the Specified Services, but
within its expertise, if requested by the Village Manager, at compensation which is first mutually
agreed to in writing.
2
FEES FOR SERVICES
A. As full compensation for satisfactory performance of the Specified Services, the
CONSULTANT agrees to charge and shall be paid by the Village in accordance with the fee
schedule listed in Exhibit "A" and incorporated herein , for a total fee not to exceed Sixty Two
Thousand Three Hundred Twenty -Five ($62,325.00) Dollars. Fees shall be paid in arrears each
month, pursuant to monthly invoice, based upon the percentage of work completed for each task
invoiced. Invoices shall be promptly processed for payment pursuant to the Florida Prompt
Payment Act.
B. VILLAGE shall reimburse CONSULTANT for its direct and reasonable expenses
for document production and reproduction, postage, long distance telephone charges, photographic
services, authorized travel and other cost items which are first approved by the Village Manager,
all in a total amount which, unless first otherwise authorized in writing by the Village Manager, is
not to exceed $1,070.00.
3. TERM
The duration of the term of this Agreement shall commence upon execution hereof and
shall expire upon completion of the performance of the Specified Services, unless extended by the
Village Manager or earlier terminated pursuant to paragraph 8.
4. RECORDS
All details, guidelines, reports, work papers and other documents and plans that result from
the CONSULTANT providing Specified Services or any additional services hereunder 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 CONSULTANT. All work products shall be provided to VILLAGE in paper and digital.
5. INSURANCE
A. The CONSULTANT shall at all times carry comprehensive general liability and
contractual liability insurance, workers' compensation insurance (if applicable), and automotive
liability insurance, with minimum policy limits for each coverage in the amount of at least Five
Hundred Thousand ($500,000.00) Dollars per occurrence, combined single limit, for property
damage and bodily injury, including death, except that the dollar amount of workers
compensation coverage shall be as provided by Chapter 440, Fla. Stat. The VILLAGE shall be
named as an additional insured on all of the above insurance policies, to the extent permitted by
law. Each insurance policy shall state that it is not subject to cancellation or reduction in
coverage without written notice to the VILLAGE 30 days prior to the effective date of
cancellation or reduction of coverage.
B. CONSULTANT shall indemnify and hold harmless the VILLAGE, its officers and
employees, from liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys' fees, to the extent caused by the negligence, recklessness or intentional
wrongful conduct of the CONSULTANT and persons employed or utilized by the
CONSULTANT in the performance of the Agreement.
6. ASSIGNMENT
This Agreement shall not be assignable by the CONSULTANT. CONSULTANT is
authorized to utilize its subconsultants, if any, as identified in the Proposal.
7. PROHIBITION AGAINST CONTINGENT FEES
The CONSULTANT warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for the CONSULTANT, 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 CONSULTANT 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 thirty (30) days advance written
notice with or without cause and by the CONSULTANT upon sixty (60) days advance written
notice with or without cause. If this Agreement is terminated, the CONSULTANT shall be paid in
accordance with the provisions of paragraph 2 for all acceptable work performed up to the date of
termination.
9. NONEXCLUSIVE AGREEMENT
The services to be provided , by the CONSULTANT 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. The
Village Manager shall act for VILLAGE hereunder, subject to budgetary limitations.
11. WARRANTIES OF CONSULTANT
The CONSULTANT 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 pen -nits
required under Federal, State and local laws necessary to perform the Specified Services for Village
as an independent contractor of the Village.
12. NOTICES
All notices and communications to the VILLAGE or CONSULTANT 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: Genaro "Chip" Iglesias
Village Manager
Village of Key Biscayne
88 West McIntyre Street
Key Biscayne, FL 33149
With a copy to:
CONSULTANT:
Village Attorney
do Weiss Serota Helfman Pastoriza Cole & Boniske,
P.A.
2525 Ponce de Leon Boulevard
Suite 700
Miami, Florida 33134
Michael Davis, Vice President
Keith and Schnars, P.A.
6500 North Andrews Avenue
Fort Lauderdale, FL 33309
13. GOVERNING LAW; LITIGATION
This Agreement shall be construed in accordance with the laws of the State of Florida.
Venue for any litigation hereunder shall be in Miami -Dade County, Florida. The parties voluntarily
waive the right to any trial by jury in any litigation hereunder between the parties.
14. MISCELLANEOUS
A. CONSULTANT represents and warrants to the VILLAGE that CONSULTANT
does not and will not engage in discriminatory practices and that there shall be no discrimination in
connection with CONSULTANT'S performance under this Agreement on account of race, color,
sex, religion, age, handicap, marital status, sexual preference or sexual orientation, or national
origin. CONSULTANT further covenants that no otherwise qualified individual shall, solely by
reason of his or her race, color, sex, religion, age, handicap, marital status, sexual preference or
sexual orientation, or national origin, be excluded from participation in, be denied services, or be
subject to discrimination under any provision of this Agreement.
B. CONSULTANT is reminded and hereby recognizes that all work under this
Agreement must comply with any applicable county, state and federal regulations. Any mandatory
clauses which are required by such county, state or federal regulations shall be deemed to be
incorporated herein immediately upon VILLAGE's written request.
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.
CONSULTANT:
KEITH AND SCHNARS, P.A.
6500 North Andrews Avenue
Fort Lauderdale, FL 33309
By: czioa vA
Name: Avat., / L..DAS ii
Title: V/Ce. e4411041 it
VILLAGE:
VILLAGE OF KEY BISCAYNE
88 West McIntyre Street
Key Biscayne, FL 33149
By:
A
Genaro "Chi I:�- si
Vill. _ - M. ager
•
•
Village Clerk
Approved as to Fo and Legal Sufficiency:
Vi age Attorney
Approved pursuant to Council Resolution Nc021515
42
Scope of Work
Keith and Schnars shall prepare a Capital Improvements Program that includes the
following:
Financial Policies: A set of policies to provide the framework to achieve financial
viability, community development levels of service standards and other strategic goals.
Project Evaluation Criteria: Criteria to determine capital spending levels and to guide
capital project selection.
Public Facilities Capacity Analysis: To identify those facilities where demand exceeds
capacity and those facilities where capacity exceeds demand. The analysis shall consider
the maintenance of existing infrastructure as well as the construction of new
infrastructure. The analysis shall include a discussion of the cost of operating and
maintaining the asset versus the total cost of replacement.
Inventory of Current Assets: The Inventory shall include the age, condition and
maintenance history of the asset and the replacement cost of the asset.
Status of Previously Approved Projects and Identification of New Projects: This will
include the project scope, justification of the project based on capital improvement plan
policies or other long range goals, cost and expenditure schedule.
Cost Estimation: Engineer's cost estimates will be prepared for all projects to be
evaluated.
Financial Capacity Analysis: The analysis will determine the amount of funds available
from existing and project planned revenue sources. It will also consider the availability of
state or federal government funding or new revenue sources.
Multi -Year Capital Improvement Program: The projects will be ranked pursuant to the
approved project evaluation criteria, the funding source(s) and the year(s) the project will
be undertaken. The Program will also include a Capital Improvement Schedule which
will meet the definition of financial feasibility as established by State Statute to be
incorporated into the Capital Improvement Element of the Master Plan.
Keith and Schnars shall participate in the following meetings: The Consultant will
participate in two staff meetings, two Council workshops, a Budget Presentation and two
public hearings for adoption of the Capital Improvement Program.
The total professional fees to complete this scope of work will be $62,325.00.
The total estimated out-of-pocket expenses will be $1,070.00.
Asset
Inventory
Current
Capital Projects
Project
Status
Proposed
Capital Projects
Cost
Estimates
3rd Draft CIP
GOALS:
Establish administrative structure
Establish policy framework
Formulate evaluation criteria
GOALS:
Review Capacity Analysis
Review Financial Capacity
Draft 5 year
schedule of capital
improvements
GOAL:
Review I st Draft CIP
2nd Draft CIP
Council
Workshop #1
Council
Workshop #2
Revised CIP
Budget
Workshop
Final Draft CIP
Public
Hearing #1
Schedule &Timeline
www.keithandschnars.com
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Financial Trends/
Projections
Funding
Options
KEITH and SCHNARS, RA.
ENGINEERS, PLANNERS, SURVEYORS