Loading...
HomeMy Public PortalAbout2005-11 Second Amendment Professional Services re_ Skyline Management GroupRESOLUTION NO. 2005-11 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING AND APPROVING SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN SKYLINE MANAGEMENT GROUP, INC. ("SKYLINE") AND THE VILLAGE OF KEY BISCAYNE, PROVIDING FOR AMENDMENT TO AGREEMENT BETWEEN THE VILLAGE AND SKYLINE CONCERNING SKYLINE'S PROVISION OF SERVICES TO THE VILLAGE AS THE OWNER'S REPRESENTATIVE FOR VILLAGE'S COMMUNITY CENTER AND CIVIC CENTER PROJECT; AUTHORIZING IMPLEMENTATION; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Village Council, in accordance with the Memorandum of the Village Manager, desires to amend the Village of Key Biscayne Agreement for Professional Services, as entered into between the Village and Skyline Management Group, Inc. ("Skyline"), as of April 26, 2003, as previously amended, concerning professional services as Owner's Representative for the Village's Community Center and Civic Center project (the "Project"); and WHEREAS, the Village finds that approval of the Second Amendment to Agreement is in the best interest of the Village. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. and confirmed. Section 2. Recitals Adopted. That each of the recitals stated above is hereby adopted Amendment to Professional Service's Agreement Authorized. That the Second Amendment to Professional Services Agreement (the "Second Amendment to Agreement") between the Village and Skyline for Owner's Representative services, is hereby approved and the Village Manager is hereby authorized, on behalf of the Village, to execute the Second Amendment to Agreement, in substantially the form attached hereto, once approved as to form and legal sufficiency by the Village Attorney. Section 3. Implementation. That the Village Manager is hereby authorized to take any and all action necessary to implement this Resolution and the Second Amendment to Agreement. Section 4. Effective Date. That this Resolution shall be effective immediately upon adoption hereof. PASSED AND ADOPTED this 12th day of April, 2005. 4A,9 6-ett,G,6 MAYOR ROBERT OLDAKOWSKI N .41 HITA H. ALVAREZ, CMC, VILLAGE APPROVED AS TO FORM AND LEGAL SUFF VILLAGE ATTORNEY F:\100\103001\Resolutions\Second Amended Professional Services Agreement Re Skyline Management Group 2.25.05 2 SECOND AMENDMENT TO VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES This Second Amendment to Agreement, made and entered into this 12th day of April, 2005, by and between the Village of Key Biscayne (the "Village") and Skyline Management Group, Inc., a Florida corporation (the "Consultant"). RECITALS: The Village and Consultant have entered into that certain Village Agreement for Professional Services (the "Agreement"), dated April 26, 2003, by which the Village engaged Consultant to perform certain professional services as Owners Representative for the Village's Community Center Project (the "Project"), as described in the Agreement, as amended by Amendment of August 3, 2004; and The Village and Consultant now desire to further amend the Agreement, pursuant to this Second Amendment to Agreement, for the purpose of amending the Scope of Services, total amount of fees for services, and length of the term of the Agreement. In consideration of the mutual covenants set forth in this Second Amendment to Agreement, the parties hereby agree as follows: I. Agreement Amended. That the above -described Agreement, as previously amended, is hereby further amended, as follows: (1) That the following additional specified services are added to Section 1 "Scope of Services" of the Agreement, as subparagraph vii. of paragraph (A) thereof, to read as follows: vii. provide contract administration services and all other services as requested by the Village Manager in order to facilitate the completion of the Monaco Fountains Project for the Civic Center Site. (2). That the twenty month duration for the term of the Agreement, as provided in Section 3 "Term" of the Agreement as previously amended, is hereby further amended to provide for a nine month extension, so as to have an extended duration from December 26, 2004 to September 30, 2005. Accordingly, the term of the Agreement, as amended by this Second Amendment to Agreement, shall conclude on September 30, 2005, unless extended by the Village Manager or earlier terminated pursuant to Section 8 of the Agreement or by early completion of all construction, including the Monaco Fountains Project. (3). That the fees for services, as provided in Section 2 "Fees for Services, Office Space" of the Agreement as previously amended, is hereby further revised by amending the total compensation authorized to provide for additional compensation of up to $180,000.00 (calculated at a rate not to exceed $20,000.00 per month) for the additional services which are added to the Scope of Services and for the extended term of the Agreement. II. Effect Upon Agreement. The Agreement, as previously amended, shall remain in full force and effect, except as amended herein by this Second Amendment to Agreement. The effective date of the Second Amendment to Agreement shall be retroactive to December 26, 2004. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Second Amendment to Agreement upon the terms and conditions above stated on the day and year first above written, effective as provided herein. 2 CONSULTANT: SKYLINE MANAGEME 4040 Northeast Secon Miami, FL 33137 By: ROUP, INC. venue, Suite 305 aul Title ' ' ncipal VILLAGE: VILLAGE OF KEY BISCAYNE 88 West McIntyre Street Key Biscayne, FL 33149 Village Clerk oved as to Form and Legal Sufficiency: illage Attorney Approved pursuant to Council Resolution No. F:\103001\Agreements\Second Amendment to Village of Key Biscayne Agreement 2.28.05