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HomeMy Public PortalAbout2004-07 Agreement with Skyline Management Group, IncRESOLUTION NO. 2004-7 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING AND APPROVING PROFESSIONAL SERVICES AGREEMENT BETWEEN SKYLINE MANAGEMENT GROUP, INC. ("SKYLINE") AND THE VILLAGE OF KEY BISCAYNE, PROVIDING FOR VILLAGE TO OBTAIN THE SERVICES OF SKYLINE AS THE BUILDING MANAGER FOR VILLAGE'S CIVIC CENTER COMPLEX; AUTHORIZING IMPLEMENTATION OF CONTRACT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Village solicited proposals for professional services as Building Manager for the Village's Civic Center Complex (the "Complex"); and WHEREAS, the Village Manager has recommended that the firm of Skyline Management Group, Inc., be retained as Building Manager; and WHEREAS, the Village Council having received the recommendation of the Village Manager, hereby finds and determines that retaining the professional services of Skyline, as Building Manager for the Complex, 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. Recitals Adopted. That each of the recitals stated above is hereby adopted and confirmed. Section 2. Professional Service Contract Authorized. That the Professional Services Agreement (the "Agreement") between the Village and Skyline Management Group, Inc., ("Skyline") for Building Manager services, is hereby approved and the Village Manager is hereby authorized, on behalf of the Village, to execute the 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 Agreement. Section 4. Effective Date. That this Resolution shall be effective immediately upon adoption hereof. PASSED AND ADOPTED this 10th day of February , 2004. A--0 t6A a (..--,:_ MAYOR ROBERT OLDAKOWSKI CON CHITA H. ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND LEGAL SUFFI VILLAGE • TTO' ' F:\ 100\ 103001 \Resolutions\Building Management Contract.doc 2 "Exhibit A" Scope of Services The following is an outline of the scope of services to be provided by the Building Manager for the Village of Key Biscayne Civic Center: 1. Establish a scheduled program for the complex to include short term and long term preventive maintenance, repair and cleaning for the physical plant including exterior building facade (walls, windows, roofs, fountains, pools and walkways immediately adjacent to buildings), all mechanical systems including heating, air conditioning, and plumbing, all electrical equipment associated with the buildings, [not including office equipment or devices], including periodic servicing of switches, panels, breakers, and the replacement of light bulbs and fixtures as necessary, and elevators. Schedule shall identify routine maintenance, cleaning, and upkeep along with periodic service, repair and maintenance of equipment. 2. Create yearly budget for all services noted in paragraph 1. above for incorporation into Village Annual Budget. 3. Solicit, receive, review and recommend to the Village Manager all short term cleaning service and supply contracts which may be appropriate for the complex. 4. Solicit, receive, review and recommend to the Village Manager all long term maintenance agreements required to provide service for heating and air conditioning equipment, roofing, elevators, pools, fountains, fire sprinkler and alarms, security systems, and electrical supply equipment. 5. Provide 24 hours a day contact to receive all emergency maintenance requests generated by facility agency users. 6. Building Manager will provide on site staff personnel necessary to monitor the services of the appropriate vendor, supplier, or maintenance provider in office facilities provided by the Village. F \100\103001\Exhibit A - property manager.doc 3 VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 11th day of February, 2004, by and between the VILLAGE OF KEY BISCAYNE (the "VILLAGE") and SKYLINE MANAGEMENT GROUP, INC., a Florida corporation (the "CONSULTANT"). RECITALS: The VILLAGE wants to engage the CONSULTANT to perform certain professional services as Building Manager for the VILLAGE's Civic Center Complex (the "Complex"), as specifically described in the Scope of Services provided in Exhibit "A" to this Agreement ("Specified Services"). The CONSULTANT wants to provide such Specified Services. In consideration of the mutual covenants set forth in this Agreement, the parties agree as follows: 1. SCOPE OF SERVICES A. The CONSULTANT agrees to provide the Specified Services upon written request from the Village Manager. B. The Village Manager may add items to the enumerated Specified Services which she finds are necessary for the full performance of the Building Management function. C. CONSULTANT shall expend all necessary efforts to competently and professionally complete all tasks of the Building Manager so that the Complex facilities are successfully operated. 2. FEES FOR SERVICES, OFFICE SPACE A. As full compensation for satisfactory performance of the Specified Services, the CONSULTANT agrees to charge and shall be paid by the Village an amount of Seven Thousand Five Hundred Dollars ($7,500) per month for the period of February 11, 2004 until October, 2004 (or until Community Center is complete) and Eight Thousand Five Hundred ($8,500) per month for each subsequent month of the initial term. Fees shall be paid in arrears each month, pursuant to monthly invoice, with prorations for the first and last months fees. B. Additionally, CONSULTANT shall be reimbursed by VILLAGE for reasonable and necessary costs, including: travel (outside of Dade, Broward and Palm Beach Counties), photocopying, document reproduction requested by VILLAGE, long distance telephone, federal express, and postage, as approved by the Village Manager. C. The VILLAGE shall provide, at no cost to the CONSULTANT, office space at the Complex and office supplies, office furniture, telephone, office equipment (excluding computers and accessories). All of the foregoing shall be used exclusively for the provision of services required by this Agreement. 3. TERM The duration of the term of this Agreement shall commence upon execution hereof and is for an initial term of one (1) year, commencing on February 11, 2004 and ending on February 10, 2005, unless extended by the Village Manager or earlier terminated pursuant to paragraph 8. 4. RECORDS All original sketches, tracings, drawings, computations, details, reports, calculations, work papers and other documents and plans that result from the CONSULTANT providing Specified Services 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. 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 (if applicable) 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. 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 forty-five (45) days written notice with or without cause and by the CONSULTANT upon ninety (90) days 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. 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 permits 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: With a copy to: CONSULTANT: Jacqueline R. Menendez Village Manager Village of Key Biscayne 88 West McIntyre Street Key Biscayne, FL 33149 Village Attorney c/o Weiss Serota Helfman Pastoriza Guedes Cole & Boniske, P.A. 2665 South Bayshore Drive Suite 420 Miami, Florida 33133 Skyline Management Group, Inc. 4040 N.E. 2nd Avenue, Suite 305 Miami, Florida 33137 Attention: Paul T. Abbott 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. 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: VILLAGE: SKYLINE MANAGEMENT GROUP, INC. 4040 N.E. 2nd Avenue, Suite 305 Miami, Flori 33137 By: Title. 1 . Abbott F:\100\103001 \Agreements\Building Management Contract.doc VILLAGE OF KEY BISCAYNE 88 West McIntyre Street Key Bisc e, FL 33149 llage Clerk ed as to Legal Fo i and Sufficiency: Village Atto Acm. CERTIFICATE OF LIKABILITY INSURANCE ...!aut-1 DA72/1104 PRODUCER Insurance tlarketera , Inc - 141 Alavarii:, Avenue Coral Gabl..ia FL 33134 Phone: 305-4142-9507 Fax:305-447-8527 WORM S!C"LX E 20NAGEMIENT GROUP, INC. PAT :IL ABBOTT 404',0 Na 2NDAVZ . SUITE * 305 1111.21411111.2141I FL 33137 COVERAGES 7 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES N01 AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. INSURERS AFFORDING COVERAGE NAIC S INSURER A: INSURER It INSURER C; Assurance Cam.,_ of America Florida Retail, Fedfl,ration Sa1f INSURER O. INSURER E• THe PDXES OF 'l$URANCE LE1111) BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR 1146 POLICY PERIOD INDICATED. NOTWITHS rANOM3 ANY REQUMS I► I'. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR um Kauai, its INSURANCE AFFORDED SY THE POUCIES DESCRIBED HEREIN 1* SUBJECT TO ALL THE TERMS, EXCLUSIONS ANO COMMONS 0' SUCH POLICES. AGGRS'iATE LIMITS SHOWN MAY HAVE SEEN REDUCED EY PAID CLAIMS. IM'4P INSURANCE OMR/ I. UABI><m X CO 11E4CIAL GMERAL LIABILITY CLAM MADE © OCCUR OWL A ?'OREGATE UNIT APPLIES PER; Pit ,ICY [JEPFILLE1 LOC AIME I VILE LIABILITY AN AUTO AL OWRED AUTOS SC ..EDLLED AUTOS HIf ,SD ALTOS NC II-OWNSD AUTOS oARAG !! LIABILITY Al '' AUTO 1 11111111.111111•IMO 4111 1==11111. POLICY NURSER 42952128 42952128 OBES '1RVMISREU.A LIABILICY Of DUI CLAMS (MADE a• iucii 1 RI- TENTION 1 1 IORICERa fZ ::EPOISMEN AND 111Pt.vnERS clufe�I.TIY OFFt<S%� p !TOR/PARTMEREXECUTNE IIBER OCCLUDED? 1� yyts. deealb I under FPECIAL Plti AS)ONB bellow 01/07/04 TS ( 01/07/05 ulll 7S SACH OCCUI PENCE 1 , 0001000 urareiGE TO' RENTED— PRIEMISES (140021211/M1 JAM 000 war) EXP (Ar y one person) i 10 , 000 PERsONALd ACYSWURY 111_000 000 GENIAL. At IUREQATE s 2 , 000 , 000 PRODUCTS . Co1►1r/OP AGG $ 2 , 000 , 000 ION 01/07/04 01/07/05 COINED SINGLE um- (Ee efsiderrl) $1,000,000 BODILY INJL RY (Per(mon) BCOLY INA RY paraxtd$ MI 02/03/04 I .•�jAMACNi $ AUTO ONLY - EA ACCIDENT EA ACC THAN '41Y AGO EACH ocCt RRENCE AGGREGATE 02/03/05 g$PTION OR r iPERATIONS / LOCA•TIOM) / V lELE9 t E_J$1ON9 AWE) BY ENOORSEIMENT / SIRICIAL PROVISIONS CERTIFICATE I1OLDER V a.1111Lge of ley Biscayne I:tn: Jacqueline R. Mensnde$ V;iliac" Manger 85 Nest McIntyre Street Fay Biscayne FL 33149 ACORD 25(2601,0M viIIa 1 s 7C TO ► l MTrs ER EL EACH ACCIDENT 1100000 EL DISEM E - EA EMPLOYEE s 100000 EL DI8EAi E - POLICY LMeT s 500000 CANCELLATION SHOULD ANY OF THE MOVE DESCRIBED POCK( F.9 BE CAM -ELM BEFORE THE EXPII DATE THRREOF. THE ISSUING INSURER NALL ENI IRA OR TO E*L 10 o..Ys WR NOTICE TO THE CERTIFICATE HOLDER NAMED T! THE LEFT, BUT FAILURE TO 00 90 IMPoBE NO OSUGATION OR LIABILITY OP ANY K ND UPON THE INSURER. TITS AGENTS REPRESENTATIVES. TA ____J C ACORD CORPORATION 1268