HomeMy Public PortalAbout2004-36 Agreement with Gomez Barker Associates, Inc for Intergovernmental Representative ServicesRESOLUTION NO. 2004-36
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF
THE VILLAGE WITH GOMEZ BARKER ASSOCIATES, INC.
FOR INTERGOVERNMENTAL REPRESENTATIVE
SERVICES; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the firm of Gomez Barker Associates, Inc. will represent the Village on
legislative and regulatory issues affecting the Village of Key Biscayne, work with appropriate agency
officials, legislative committees, leadership, and individual members to facilitate the Village's
Tallahassee agenda as it relates to water and infrastructure funding, environmental concerns, and any
legislative issues pertinent to the Village of Key Biscayne.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. That the Village Manager is hereby authorized to execute the attached
Agreement, on behalf of the Village, with Gomez Barker Associates, Inc.
Section 2. Gomez Barker Associates, Inc. will provide Intergovernmental Representative
Services to the Village of Key Biscayne.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 14th day of September , 2004.
6,d4A,61, (__ .
MAYOR ROBERT OLDAKOWSKI
CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK
APPROVED AS TO FO AND LEGAL SUFFICIENC
VILLAGE TO
VILLAGE OF KEY BISCAYNE
AGREEMENT FOR
SERVICES
THIS AGREEMENT, made and entered into on the / day df of
2004 by and between the Village of Key Biscayne, Dade County, Florida, Harty of the first
(hereinafter called "Village"), and Gomez Barker Associates, Inc., party of the second part
(Hereinafter called "Consultant");
RECITALS
The VILLAGE wants to engage the CONSULTANT to perform certain services as described
in accordance with paragraph 1, scope of services to this Agreement ("Specified Services"). The
CONSULTANT wants to provide such Specified Services in connection with Intergovernmental
Representative Services.
In consideration of the mutual covenants in this Agreement, the parties agree as follows:
1 SCOPE OF SERVICES
A. The CONSULTANT agrees, as directed by the Village Manager, to perform the following
services: Professional Intergovernmental Representative services as directed by the Village Council
via the Village Manager. The work is described on Exhibit "A" attached hereto.
2. FEES FOR SERVICES
The VILLAGE shall pay the CONSULTANT a fee of $3,500.00 per month as full
compensation for performance of the Specified Services for the duration of this Agreement. The
CONSULTANT will issue an invoice once per month for said fee. Said invoices are payable by the
VILLAGE within 30 days.
3. TERM
The term of this agreement is one (1) year unless terminated pursuant to paragraph 7 or
extended pursuant to paragraph 9.
4. GENERAL TERMS AND CONDITIONS
All work papers and documents 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
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delivered to the VILLAGE by the CONSULTANT.
5. ASSIGNMENT
This Agreement shall not be assignable by the CONSULTANT.
6. PROHIBITION AGAINST CONTINGENT FEES
The CONSULTANT, warrants that it has not employed or retained any company or person,
other than a bonafide 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, continent upon or resulting from the award
or making of this Agreement.
7. TERMINATION
This Agreement may be terminated by the VILLAGE upon ten days written notice with or
without cause and by the CONSULTANT upon 45 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 of this contract for all acceptable work performed up to the date of termination.
8. NONEXCLUSIVE AGREEMENT
The services to be provided by the CONSULTANT pursuant to this Agreement shall be
nonexclusive and nothing herein shall preclude the VILLAGE engaging other firms to perform the
same or similar services for the benefit of the VILLAGE within the VILLAGE'S sole and absolute
discretion.
9. ENTIRE AGREEMENT
The parties hereby agree that this Agreement represents the entire Agreement between the
parties. This Agreement cannot be amended or modified without the express written consent of the
parties.
10. WARRANTIES OF CONSULTANT
The CONSULTANT hereby warrants and represents that 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.
The CONSULTANT shall furnish proof that it has Professional Liability Insurance in an
amount no less than $500,000 per occurrence.
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11. NOTICES
All notices and communications to the VILLAGE or CONSULTANT shall be in writing and
shall be deemed to have 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:
Jacqueline R. Menendez
Village Manager
88 West McIntyre Street
Key Biscayne, Florida 33149
Village Attorney
Weiss Serota & Helfman
Pastoriza Guedes Cole & Boniske, P.A.
2665 South Bayshore Drive
Suite 420
Miami, Florida 33133
Conchita H. Alvarez
Village Clerk
88 West McIntyre Street
Key Biscayne, Florida 33149
CONSULTANT: Fausto B. Gomez
Gomez Barker Associates, Inc.
2350 Coral Way, Suite 301
Miami, FL 33145
12. GOVERNING LAW
This Agreement shall be construed in accordance with the laws of the State of Florida. The
parties hereby waive any right to a 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.
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CONSULTANT:
Gomez Barker Associates, Inc.
2350 Coral Way, Suite 301
Miami, FL 33145
By:
Fausto B. Gomez
Gomez Barker Associates, Inc.
F:/103.001/Gomezbarker(2) 9.9.04
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VILLAGE:
Village of Key Biscayne
88 West McIntyre Street
Key Bisc e, Florida . 9
By
Jacqueline R. Mene
V . ge Manager
I, ailee
age Clerk
PROVED AS TO FORM AND
LEGAL SUFFIC 1r NCY:
Village Attorney