Loading...
HomeMy Public PortalAbout2004 AllRESOLUTION NO 2004-1 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH THE FIRM OF RANDOLPH G WHITE, P A FOR FINANCIAL SERVICES, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village of Key Biscayne ( the "Village") desires to employ the services of the firm of Randolph G White, P A (the "Consultant) for the purpose of providing non-exclusive financial and accounting advisory services for the Village during the contract period Services, and WHEREAS, the Consultant desires to assist the Village with such matters 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 Randolph G White, P A for Financial Services Section 2 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 13th day of January , 2004 4.4) CtuCtia L_ MAYOR ROBERT OLDAKOWSKI /al CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO F • ' AND LEGAL SUFFICIENCY VILLAGE A TO 13 The foregoing terms and conditions constitute the entire Agreement between the parties hereto and any representation not contained herein shall be null and void and of no force and effect Further this Agreement may be amended only in writing upon mutual written consent of the parties hereto 14 No amendments and/or modifications of this Agreement shall be valid unless in writing and signed by each of the parties This Agreement shall be automatically renewable each Fiscal Year of The Village of Key Biscayne, unless otherwise terminated by either party Negotiations shall be held prior to The Village of Key Biscayne's Fiscal Year end The Village of Key Biscayne will consider fee adjustments each twelve (12) month period to compensate for market conditions and the anticipated type and amount of work to be performed during the next twelve (12) month period The Village of Key Biscayne in its adopted Fiscal Year Budget will approve such evidence of fee adjustments 15 CONSULTANT shall provide evidence of possession of liability insurance in an amount not to exceed one million dollars 16 This Agreement shall not be assignable by The Village of Key Biscayne or the CONSULTANT 17 All onginal work papers, reports and other documents that result from the provision of services hereunder shall be the property of The Village of Key Biscayne The CONSULTANT may retain a copy of said documents Upon termination of this Agreement, or upon request of The Village of Key Biscayne during the term of this Agreement any and all such documents shall be delivered to The Village of Key Biscayne by CONSULTANT IN WITNESS WHEREOF, the Village Council of The Village of Key Biscayne has made and executed this Contract on behalf of The Village of Key Biscayne and the CONSULTANT and The Village of Key Biscayne have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written THE VI SE OF KEY BISCAYN , F A Attest U/. age Clerk Approved as to Legal Form and Village Attorney Witness bibir Attliv OpiV' Oaktmloi ager RANDOLPH G WHITE, P A Randol h G White, President of its opinion by certified mail within thirty (30) days of receipt of notification by the CONSULTANT If, in the opinion of The Village of Key Biscayne, the prospective business association, interest or circumstance would not constitute a conflict of interest by the CONSULTANT, The Village of Key Biscayne shall so state in its opinion and the association, interest, or circumstance shall not be deemed in conflict of interest with respect to services provided to The Village of Key Biscayne by the CONSULTANT under the terms of this Contract This Agreement does not prohibit the CONSULTANT from performing services for any other client, public or private, and such assignment shall not constitute a conflict of interest under this Agreement 8 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, 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 9 The CONSULTANT warrants and represents that all of its employees are treated equally during employment without regard to race, color, physical handicap, religion, gender, sexual orientation, age or national origin 10 The CONSULTANT hereby represents and warrants that it has and will continue to conduct its business activities in a professional manner and that all services shall be performed by skilled and competent personnel to the highest professional standards and that CONSULTANT possesses all necessary certificates, licenses and permits 11 The laws of the State of Florida shall govern this Agreement Any and all legal action necessary to enforce the Agreement will be held in Miami -Dade County Each party expressly waives the right to a trial by jury 12 All notices required in this Agreement shall be sent by certified mail, return receipt requested, and if sent to the CONSULTANT shall be mailed to Randolph G White, P A 371 N W 45th Avenue Deerfield Beach, Florida 33442 (954) 698-0279 If sent to The Village of Key Biscayne shall be mailed to The Village of Key Biscayne 88 West McIntyre Street Key Biscayne, Florida 33149 (305) 365-5500 Attention Jacqueline R Menendez, Village Manager With a copy to Village Attorney, David Wolpin, Esquire 2 The Village of Key Biscayne agrees to compensate the CONSULTANT in accordance with the fee stated The total and cumulative amount of this contract shall not exceed the amount of funds annually budgeted for these services In addition, The Village of Key Biscayne agrees to compensate the CONSULTANT for reimbursable expenses incurred during the course of performance of this contract, including, but not limited to, reasonable out of pocket expenses for travel, express mail, computerized research, word processing charges, long distance telephone, postage, photocopying, and couner and computer services 3 Subject to the provisions for termination as set forth below, the term of this agreement shall begin on January 8, 2004 The agreement may be terminated as follows a Upon notice by The Village of Key Biscayne for "good cause", which shall include misfeasance, malfeasance, nonfeasance or dereliction of duties by CONSULTANT, unless Paragraph "C" of this section applies b By either party immediately upon dissolution or court -declared invalidity of the CONSULTANT or The Village of Key Biscayne, or c By either party, at its discretion, upon 30 days written notice provided, however, should this Agreement be terminated, CONSULTANT will take all reasonable and necessary actions to transfer all the books and records of The Village of Key Biscayne in its possession in an orderly fashion to The Village of Key Biscayne or its designee and The Village of Key Biscayne shall pay CONSULTANT for all services properly rendered prior to termination d By The Village of Key Biscayne upon five days notice if Randolph G White leaves or sells consulting firm 4 The CONSULTANT shall devote such time as is necessary to complete the duties and responsibilities assigned to the CONSULTANT under this Agreement Randolph G White shall supervise the performance of all work under this agreement 5 The signature on this Agreement by the CONSULTANT shall act as the execution of a truth -in - negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in the Agreement are accurate, complete and current as of the date of this Agreement 6 The CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in the standard set forth in Section 112 311, Florida Statutes The CONSULTANT further represents that no person having any interest shall be employed for said performance 7 The CONSULTANT shall promptly notify The Village of Key Biscayne in writing by certified mail of all potential conflicts of interest for any prospective business association, interest or other circumstances, which may influence or appear to influence the CONSULTANT'S judgment or quality of services being provided hereunder Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the CONSULTANT may undertake and request an opinion of The Village of Key Biscayne as to whether the association, interest or circumstance would, in the opinion of The Village of Key Biscayne, constitute a conflict of interest if entered into by the CONSULTANT The Village of Key Biscayne agrees to notify the CONSULTANT AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE, FLORIDA AND THE FIRM OF RANDOLPH G WHITE, P A FOR FINANCIAL SERVICES THIS AGREEMENT, made and entered into on this January 8, 2004, by and between The Village of Key Biscayne, and the firm of Randolph G White, P A hereinafter referred to as "CONSULTANT", whose address is 371 N W 45th Avenue, Deerfield Beach, Florida 33442 WITNESSETH WHEREAS, The Village of Key Biscayne desires to employ the services of the CONSULTANT for the purpose of providing non-exclusive financial advisory services for The Village of Key Biscayne, including but not limited to • The design and implementation of an internal control system that provides for the processing and recording of accounting transactions • The reconciliation of subsidiary accounts and other detail account listing to that of the general ledger • The proper maintenance of the operating budget • The preparation of monthly and annual financial reports for internal and external presentation prepared according to GASB pronouncement #34 • All functions normally associated with the operation and direction of a municipal finance department WHEREAS, the CONSULTANT desires to provide such services to The Village of Key Biscayne NOW, THEREFORE, in consideration of the mutual covenants and agreements expressed herein the parties agree as follows 1 The Village of Key Biscayne hereby engages the CONSULTANT to perform the services described above for the fee of $ 100,000 annually The annual fee shall be payable in equal monthly installments on the 1st of each month The initial annual fee shall be prorated to the amount of $ 73,120 00 for the partial fiscal year of January 8, 2004 to September 30, 2004 The Village of Key Biscayne shall consider fee adjustments each twelve (12) month period to compensate for market conditions and anticipated type of work to be performed during the next twelve (12) month period The Village of Key Biscayne in its adopted or amended Fiscal Year Budget will approve such evidence of fee adjustments RESOLUTION NO 2004-2 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING THE VILLAGE OF KEY BISCAYNE CIVIC CENTER PROJECT, AUTHORIZING CONSTRUCTION EXPENSE ITEMS DESCRIBED HEREIN, AUTHORIZING AMENDMENT NO 14 TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER CONCERNING MATTERS DESCRIBED THEREIN, PROVIDING FOR EFFECTIVE DATE WHEREAS, pursuant to Section 3 07(b) of the Village Charter, the Village Council desires to authonze the expenditure of Village funds for additional construction items for the Village's Civic Center Project (the "Project") as descnbed in the Village Manager's Memorandum, marked as Exhibit "A" and attached hereto, and WHEREAS it is necessary to amend the Agreement between the Village and Construction Manager to implement expenditures for the work authonzed herein, and WHEREAS, the Village Council finds that it is in the best interest of the Village to proceed as indicated in this resolution NOW, THEREFORE, BE IT 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 Work Authorized, Specification Of Funds A That the construction activities for the matters described in Amendment No 14 and in Exhibit "A", attached hereto, are each hereby approved and authorized B That the fund amount and source for the work items are hereby authorized and approved as described in Exhibit "A " Section 3 Amendment To Agreement Approved That Amendment No 14 to the Agreement between Village and Construction Manager, in substantially the form attached hereto, is hereby approved and the Village Manager and Village Clerk are hereby authorized, in their respective capacities, to execute the Amendment to Agreement on behalf of the Village, once approved as to legal form and sufficiency by the Village Attorney Section 4 Implementation That the Village Manager is hereby authorized to take any and all action necessary to implement the purposes of this resolution and the Amendment to Agreement Section 5 Effective Date That this resolution shall become effective upon its adoption PASSED AND ADOPTED this 13th day of January, 2004 -1( la e4 (tq (--- MAYOR ROBERT OLDAKOWSKI CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO F 9 RM AND LEGAL SUFFICIENCY VILLAGE A TO :Y F \103001\Resolutions\authonzmi, construction expense item No 14 12 24 03 2 AMENDMENT TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER PROJECT NO PROJECT NAME AND LOCATION AMENDMENT NUMBER VKB-98069000 Village Community Center (Recreation Center) Village Fire Station, Police Station, and Administrative Office of the Village of Key Biscayne, Flonda (the "Project") #14 (Revised Civil & Site Work for Site Infrastructure Phases 4 and 6 ) THIS AMENDMENT made this 4th Day of November in the year Two Thousand and Three By and between the Village of Key Biscayne, Flonda, a Florida municipality, (the "Owner") and James A Cummings Inc a Florida Corporation 3575 Northwest 53rd Street Ft Lauderdale FL 33309 Phone (954) 733-4211, Fax (954) 485-9688, Federal Tax I D Number 59-2098732, (the "Construction Manager") WHEREAS, the Owner (as a direct signatory and through its former agent, the Department of Management Services of the State of Florida (the "DMS")) has previously entered into the Agreement between the Owner and Construction Manager, and WHEREAS, the Agreement has previously been revised by Amendment Nos 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13, WHEREAS, it is now necessary to revise the Agreement to include Civil and Site Work for Site Infrastructure Phases 4 and 6 NOW THEREFORE in recognition of the good and valuable consideration provided by the covenants hereof between the parties, the Owner and the Construction Manager hereby covenant and agree to amend the Agreement to include Civil and Site Work for Site Infrastructure Phases 4 and 6 and to identify its funding source, to identify the drawings, specifications and other documents upon which the GMP is based, and to otherwise revise the Agreement, as follows (1) Guaranteed Maximum Price — the Guaranteed Maximum Price (GMP) for construction of Project VKB-98069000, Village Community Center, Village Fire Station, Village Police Station and Administrative Office of the Village, as defined in Article 7 1 of said Agreement shall be $22,177,298 59 (which includes the $400,092 00 GMP for the Civil and Site Work for Site Infrastructure Phases 4 and 6 as listed below in item 2 a for the Village Fire Rescue Police and Administration and Community Center Buildings ) (2) Drawings and Other Supporting Documents — in addition to the drawings specifications and other supporting documents identified in previous amendments (No 1 2, 3, 4, 5, 6, 7 8 9 10, 11, 12 and 13) to the Agreement, the Guaranteed Maximum Price (GMP) for construction of the Project, is based upon the following drawings and other supporting documents a Proposal #R -16I to the Village of Key Biscayne from James A Cummings, Inc dated October 7, 2003, delineating Civil and Site Work for Site Infrastructure Phases 4 and 6, which are attached hereto as Exhibit "A 1 " b Spillis Candela DMJM revised Civil Drawings, as delineated in sheets C 1 1 03, Cl 1 05, C2 1 02, C2 1 03, C2 1 05, C3 1 02, C3 1 03, C3 1 05, C4 1 02, C4 1 03, C4 1 05 dated March 27, 2003 c Spillis Candela DMJM revised Site Electrical Drawings, as delineated in sheet EE 1 1 04 dated August 14, 2003 d Fuster Design Associates, Inc revised Landscape & Irrigation Drawings, as delineated in sheets L 1 & L2, dated April 7, 2003 and Ii, I2 & I3, dated June 16, 2003 e The revised Project Budget, which is attached hereto as Exhibit "B " (3) Changes in Agreement — various changes are required to the exhibits and articles of the Agreement to reflect the amendments described herein It is agreed that the articles and exhibits of the Agreement shall be deemed to be amended, to provide the following a Establishment of the GMP for Civil and Site Work for Site Infrastructure Phases 4 and 6 in the amount of $400,092 00, and establishment of the GMP for the Project of $22,177,298 59 (4) Effect On Agreement - except as provided above the articles and exhibits of the Agreement which are not affected by the amendments provided for herein shall remain in full force and effect IN WITNESS WHEREOF the parties have executed this Amendment the day and year first written above JAMES A CUMMINGS, INC Attest BY eCt-vv•-t-i c.t__ routo Corporate Secretary Wan: sed By By By /I'N (print nam ) Village Clerk (print name) By tpua Po tivi_._ William R Derrer, Corporate President James A Cummings, Inc VILLAGE OF KEY BISCAYNE Approved as to form and e.al sufficiency Village Attorney 103001 \agreements\amendment to agree ent between owner and construction manager (Corporate Seal) r EXHIBIT B OWNER S CONSTRUCTION BUDGET ITEM DESCRIPTION CONSTRUCTION MANAGER S PRECONSTRUCTION PHASE FEE SUBTOTAL OWNER S TOTAL PRECONSTRUCTION PHASE FEE VILLAGE FIRE RESCUE DEPARTMENT & ADMINISTRATION AND POLICE FACILITY CONSTRUCTION MANAGER S CONSTRUCTION PHASE FEE CONSTRUCTION MANAGER S OVERHEAD & PROFIT CONSTRUCTION BUDGET BALANCE AMENDMENT NO 09 - OWNER REQUESTED CHANGES SUBTOTAL CONSTRUCTION COSTS ANTICIPATED OWNER SALES TAX SAVINGS SUBTOTAL OWNER S CONTINGENCY OWNER S GMP BUDGET FIRE RESCUE & ADMINISTRATION/POLICE OWNER S CONSTRUCTION BUDGET FIRE RESCUE & ADMINISTRATION/POLICE WITH PRECONSTRUCTION FEE $11,306,711 00 VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK ELECTRICAL DUCT BANK AND WATER MAIN CONSTRUCTION MANAGER S CONSTRUCTION PHASE FEE CONSTRUCTION MANAGER S OVERHEAD & PROFIT CONSTRUCTION BUDGET BALANCE OWNER S CONSTRUCTION BUDGET VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK ELECTRICAL DUCT BANK AND WATER MAIN CONSTRUCTION BUDGET $113 190 00 $113 190 00 $527 392 00 $457 223 00 $9 878 355 00 $232 893 00 $11 095 863 00 ($159 266 00) $10 936 597 00 $256 924 00 $11 193 521 00 VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK PHASES 1, 2, 3, 4, 5 & 6 (INCLUDING STATE SCHOOL FF SANITARY SEWER FORCE MAIN) $119 226 00 $34 521 00 $647 913 00 $801,660 00 CONSTRUCTION MANAGER S CONSTRUCTION PHASE FEE $62 630 00 CONSTRUCTION MANAGER S OVERHEAD & PROFIT $84 541 00 CONSTRUCTION BUDGET BALANCE $1 842 045 00 OWNER S CONSTRUCTION BUDGET VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK $1,989,216 00 VILLAGE COMMUNITY CENTER (RECREATION CENTER) CONSTRUCTION MANAGER S CONSTRUCTION PHASE FEE $771 920 00 CONSTRUCTION MANAGFR S OVERHEAD & PROFIT $425 691 00 CONSTRUC PION BUDGET BALANCE $9 141 302 00 OWNER S CONSTRUCTION BUDGET VILLAGE COMMUNITY CENTER (RECREATION CENTER) $10,338,913 00 EXHIBIT B (cont d ) OWNER S CONSTRUCTION BUDGET OWNER CHANGE ORDERS OWNER CHANGE ORDER NO 1 ($1 140 899 62) OWNER CHANGE ORDER NO 2 ($1 118 301 79) SUBTOTAL OWNER S CHANGE ORDERS ($2259,201 41) OWNER S TOTAL CONSTRUCTION BUDGET (ALL PHASES) $22 177 298 59 Cuamm,rnrriurig General Contractors October 7 2.00', SKYLIINE MANAGEMENT GROUP INC 88 West McIntyre Street Key Biscayne, FL 33149 Cl- James A Cummings Inc 3575 Northwest 53rd Street Fort Lauderdale FL 33309 Phone 954 733-4211 Fax 954-485 9688 Website www jamesacummings corn TRANSMITTED VIA HAND DELIVERY ATTN Mr Paul Abbott, Project Director RE KEY BISCAYNE CIVIC CENTER — SITE INFRASTRUCTURE REQUEST FOR CHANGE ORDER PROPOSAL #R -16I SITE INFRASTRUCTURE PHASES 4 & 6 Dear Mr Abbott, James A Cummings Inc is submitting Proposal #R -16I, in the amount of $400 092 00 This proposal incorporates furnishing and installation of Civil Equipment & Materials for Site Infrastructure Phases 4 & 6 dated April 24, 2002 Please see attached summary form and subcontractor quotations for a recapitulation of this Work The Work indicated in this Request for Change Order is limited to Spillis Candela DMJM revised Civil Drawings as delineated in sheets CI 1 03 C 1 1 05 C2 1 02, C2 1 03 C2 1 05, C3 1 02 C3 1 03, C3 1 05, C4 1 02, C4 1 03 C4 1 05 dated March 27 2003, revised Site Electrical Drawings, as delineated in sheet EEl 1 04 dated August 14 2003 and Fuster Design Associates, Inc Revised Landscape & Irrigation Drawings as delineated in sheets L1 & L2 dated April 7, 2003 and I1 I2 & I3 dated June 16 2003 If there are any questions and/or concerns regarding this matter please do not hesitate in contacting this office at (305) 361-9227 for discussion Sincere JA Y A CUMMINGS, INC A der Smith Jr P eject Manager Rev e - ; & Approved E MANAGEMENT GROUP, INC Pau ' £ bbbtt VKB/SMG Project Director Cc Robu,rto Lage SPILLIS CANDELA DMJM via fax 305-447-3558 Tony Schulz SPILLIS CANDELA DMJM pia fax 305-447-3558 Rob Maphis LAC Eric Squilla JAC FILE James A Cummings Inc Proposal Summary Form Village of Key Biscayne Civic Center R -16I Amendment No 3 - Site Infrastructure (Phases 4 & 6) SECTION DESCRIPTION OF WORK LABOR MATERIAL SUBCONTRACT ** Revisions to Site Infrastructure Civil Drawings by Spiihs i Candela DMJM dated March 27 2003 (Only Includes Civil & Site Work for Site Infrastructure Phases 4 & 6 Pricing is broken down per the attached Phasing Plan) 01 JAMES A CUMMINGS INC Demolition $2 000 Field Engineering $3 000 Final Survey $3 000 Permits $2 500J Builders Risk $3 000 Owner Contingency Allowance $5 000 Contractor Contingency Allowance $5 000 02 METRO ENGINEERING INC , __ t $119667 02 STONE CIRCLE UNDERGROUND INC — $47 100 02 LANDSCAPE SERVICE PROFESSIONALS INC $41 915 02 WINDMILL SPRINKLER CO INC $10 450 02 HOLLYWOOD STONE INC $52 000 I , 16 FISK ELECTRIC CO $84 439 T 1 1 SUBTOTAL LABOR BURDEN SALES TAX SUBTOTAL TOTAL OVERHEAD (4 5%) SUBTOTAL PROFIT (Included in Overhead above) SUBTOTAL BOND TOTAL 1 tI $0 $0 $379 072 $0 $0 $o $0 $379 072 $379 072 $17 058 $396 130 $0 $396 130 $3 961 $400 092 A /ite OMN/ w Ilr lian y► 'i.-:(1-',,e/ , METRO ENGINEERING CONTRA C TORS, INC 4i iv 7 2001 0 JAMES A CLN1v1INGS I'4( m 1575 N W 53Rr) STRFET a I t Lauderdale, rL 33309 Attention ALEX PI RE V U 1 AGE OF KEY B1SCAYNL+' ROADWAY IMPROVEMENT Y PROPOSAL DESCRIP HON AMOIIN I PHASE Ia Mobilization L S Demolition ol concrete titdrwalk5, Curtis alld asphalt surface only 15 To excavate grade and pr pare sub -base to concrete paver areas L S ro install litnetock base to concrete paver at -Las 1 S To install paving, inLl Lornpuc.ted subbase, llrnerock base and asphalt surface I S To install c.oncraL Lurhs (,Dior) Valley Cuibs L S 6' Curb (St Gutter L S 6 '1) I ype L S To instill and man 'tam M 0 T L S To lurnish 1 iyuut and as baths I S $ 3 500 00 $ 19, /06 0I) $1117400 $ 33,170 00 $ 9,810 00 $ 4 04(1 00 $ 8,64() 00 S 11 600 00 $ 9,166 00 $ 3,975 00 PHASE Ia TOTAL S 1 15 831 00 PHASE lb Mohihzatton L S $ 3 500 00 Demolition ol wriert,IL sidcw tiks Luibs, and asphalt surtacc, only L S $ ICI 200 00 ro excavate glade end prepare sub-htsc to u»>c,u ete paver area; L S S P ? 315 00 To install limerttck b Ise to LunLrete payer areas L S $ 4 4 771 Q0 To install having Ind # impacted suh huge llrncrock b Isc mnd asphalt surtat,e L S $ 12 800 00 ro install Concrete t urbs (Lolor) Valley art), L S $ 18 160 00 ME 1 I' C FNGINEFRING CONTRACTORS INC 15 A CERTIFIED BLACK MINORITY CORPORATION 6 Curb&Gutle'r 6' D Ty -pc To install and maintain VI 0 I lo furnish layout and as-builts PHASE H Mobilization Demolition of concrete sidewalks, curbs and asphalt surface To excavate grade and prepare sub -base to concrete paver areas To install limerock ba..lr to concrete paver are4.4.is To install paving mc1 compacted sub -base limerot.k base ind asphalt surface To install concrete curbs (color ) 6" Curb & Gutter ro install and maintain M 0 T To furnish layout and as-builts L S L S IS 15 PHASI lb TOTAL 1S L S L S L S L S LS LS IS $ 21 840 00 $ 17 100 00 $ 6 100 00 $ 7 275 00 $160891 00 $ 3,500 00 $ 6,670 00 $ 4,877 00 $ 4 427 00 $ 13 055 00 $ 9,840 00 $ 2 750 00 $ 2 550 00 PHASE R TOTAL $47,669 00 PHASE III Mobtiration L S $ 3,500 00 Demolition of concrete sidewalks curbs and asphalt surface L S $ 2 775 00 ro excavate grade and pi eparc sub -base to concrete paver at ens L S $ 2 680 00 To install l meroc,k base to paver area L S $ 4 177 00 To install concrete curbs (c olor) Valley Curbs L S $ 610 00 6 ' Curb & Gutter L S $ '3,175 00 6 "D Type L S $ 770 00 To install and maintain M 01 L S $ 2 120 00 To turmsh layout & as -bunts L S $ 1 840 00 PHASES III 1-01AL $ 21 647 06 - PH XSE IN ii,„,...... Mobilization 1 S $ 3 500 00 Demolition of concrete sidewalks curbs and asphalt surface I 9 $ 6 317 00 To excavate grads, Ind prepare sub base To install paving, lacl cornpactt d sob -base lunerock base and asphalt surface To install concrete curbs (color) 6" Curb & Gutter to install and maintain M 0 T 1 o furnish layout & as -built* 1. 4N S 210400 IS 5l56000 L S 5 9,94(1 0() LS $ 1,94700 L S $ 764 00 1'11AS1 IV 1 O 1 AL PEASE V Mobilization t S Demolition ol c one rete sidewalks, curbs and asphalt surface L S to excavate grade, and prepare sub -base to concrete paver areas L S to install hmerock base to concrete paves areas L S 'I o install concrete curbs (color) Valley Curbs L S 6 Curb & Ciuttet L S I a install and maintaut M O T L S 1 o furnish layout and as bunts L S $ 3,500 00 $ 2 700 00 $ 2,680 00 $ 3,920 00 $ 93000 $ 1,740 00 $ 1 270 00 S 1 714 00 PHASE V TOTAL $ 18,454 00 1....410, PHASE VI Mobilization L S $ 3,500 00 Demolition of concrete sidewalks curbs and nsphalr surlacu L S S 4,450 00 fo exLlvate, grade, and prepare sub -base to concrete paver areas L S To install lunerock babe to concrete paver areas L S To install concrete curbs (color) Valley Curbs L S $ 9 240 00 6 ' Curb & Gutter L S $ 19 440 00 6' "D" 1 ype L S $ 5,320 00 To install and maintain M 01 L S 5 2 975 DO To furnish layout and as-buiIts L S S 3,1 00 CRANDON BI V 1) Mobilization PHASE VI TO I'AL $ 11 200 00 $ 18,970 00 LS ,350000 To mill existing asphalt arcs t& haul Iwav To demo & remix concrete curbs & walks To install paving me stabilized sub -bast h meroe,k base & 1 %z' asphalt surface To overlay mulled area To install concrete curb (c olor) lypc I." Curb & Gutter 1oinstall M U I To furnish layout & as-builts 1 L S IS L S L S L S L S 10 TAL TOTAL BID QUOTED PRICES DO NOT INCLUDE 1 PERMITS, BONDS, OR FEES 2 DEMOLITION OTHER THAN S1 Al ED ABOVE I DFMUCKING, DEWATERING, OR REPLAC EMENT FIL1 S 10 549 00 $ 1 8/3 00 $ 5 120 00 $20,200 00 S 4,480 00 $ 5,927 00 $ 2,240 00 $53,891 00 5538,05() 00 Pr" STONE- CIRCLE `.00 1 L \DERGRO 1 VD RC water • sewer • dramae construction Proposal for Village of Kay Biscayne Civic Center Offstt4 March 5, 2003 Drainage - Phase IA 12 C MP 43 LF 24 C MP 95 LF 24 PCMp Frenct'Ora i 226 LF 42 Sq Catch Basin #1 1 EA 42' Sq Catch Bas n #3 1 EA 3 5 x 6 Catch Basin #2 1 EA Temporary Plug Catch Basin 1 EA Connect to Catch Basin 2 EA Adjust Existing Catch Basin 1 EA Convert Existing C 6 Top 1 EA Remove Existing Catch Basi r 3 EA Remove Existing 4 Pipe 70 LF Remove Existing 6 Pipe 90 LF Cap Existing 15 Pipe 1 EA Cap Existing 4 Pipe 1 EA Remove Ex►strng Trench Dram 60 LF Surveyor Layout & Asbui(t 1 LS Sub -total = $42,100 00 Water Main - Phase 1B Remove Exist ng Meter w! Box 4 EA Cap Existing Water Service 4 EA 12 x 8 Tapping Sleeve & Valve 1 EA 8 CL-350D►P 185 LF Connect •o Existing P pe 1 EA Sample Point 1 EA Fill & Flush EA SL-v-ycr Layout 3 r.S� ti ui t LS Sub -total = 314 900 00 This Lropc —rr a'1 page 2 3530 S W 30th Avenue Hollywood, Florida 33312 (954) 331 5020 Fax (954) 331 0685 License #91-1257 PIPr. 7-47) age 2 Kee Elsa i Cc's e o :.cc sai Drainage P+'a se 18 12 CMD L 15CMP '4 LF 24' C M , 3- L c 24 PCMP F ere -Lear 29C LF 30 CMP 6 LF 4 Da Storm MH ks 3 tt-' 4 *15 ? EA 6 Dia Storm MH # 6 ' EA Type C Cate Basin (#6 l #81 3 EA 42' Sq Catch Basin (*5 #18) 2 EA P-6 Curb Inlet #17 1 EA Core Existing Catch Basin 1 EA Connect to Existing 24 Pipe 1 EA Convert Existing C B Top to MH 2 EA Remove Existing Catch Basin 2 EA Remove Existing 15 Pipe 40 IF Remove Existing 24 Pipe 10 LF Surveyor Layout & AsbLi9t 1 LS Sub -total a $89,900 00 Water Main - Phase 2 Remove Existing Meter w/ Box 1 EA Cap Existing Water Service 1 EA Sub -total = $500 DO Drainage • Phase 3 Connect to Catch Basin 24'C MP Temporarily Cap 24 C M P mitida. Water Main - Phase 4 Adjust Existing Meter w/ Box 100""" 111110Drainage - Phase 6 12' CMP 24 C M P 24" P C M P French Drain 42 Sq Catch Basin (#9 #10 #12) 3 5 x b Caleb Basin #11 Correct to Catch Basin Remove Extstjrg Catch Bas n Remove Exzss,ng Manhole Remove Existing P Gtng SLrI9 rcr Layout & AsbLl t is proposal cent rt. cn page 3 1 EA 112. LF EA Sub total = $7,400 00 EA Sub -total = $300 00 22 95 355 3 1 1 1 1 LF LF LF EA EA EA EA EA p ale r s c t 3 -\'f3 4 NCTcS All srta restoration by others All M O T within the phase or work by others Wier Included with Structure 414 All excess spoils to be stockpiled onsite and used or removed by others )UALUFICATIONS Density testing is not included .n this proposal This proposal does not include tfie cost of performance/payment bond permit tees permit bond inspection fees rr impact fees which may be requtred from the venous agencies or muntpalities having Sur sdtction Alt underground utilities as hated herein will be installed pnor to final sc rade This proposal makes no provision for the installation or replacement of finished subgrade Ibis proposal makes no provision fcr asphalt or concrete removal or restoration unless it is specified This proposal makes no provision for the removal or replacement of sod or fencing unless rt Is specified If ursuitable material is encountered Stone -Circle Underground Inc will remove and replace as an extra to the contract on a time and material basis This proposal may be withdrawn if not accepted within 30 days ;11 work to be completed in a workmanlike manner accartrg ho standard practices our workers are fully covered by Workman s Compensation Insurance This proposal has beer prepared from plans dated 3/08/C2 1GNATURE 1 .IRCLE UNDfRG 177, "'W°3 DATE TONE -CIRCLE UNDERGROUND, INC IS A DRUG -FREE WORKPLACE Landscaping, Irrigation & Maintenance 3700 NW 124'' Avenue, Ste 139 Coral Springs, F1orjda 33065 'Z Landscape Service Professionals, Inc. To A Company Cl Fax aoS'' oL( 5 -ter? Re c -is 3 Pages including this cover sheet From vatc.4 ciAL, cc Date (p- Z(,- 0_2 RECEIVED JUN 2 7 2003 James A Cummings, Inc Key Biscayne Civic Center Certified MWBE / SDBE Phone (954) 34p-3680 Fax (954 340-5358 fandscapsp@aol Landscape Service Professionals Inc Project Location Key Biscayne -Civic Center Miami Material I NperiDtlen Sand/Soil/Rock/Cloth, Mist Planting Soil' Palm Sand Tree Grate Tree Grate Weed Berner Staking Tre es Palms Palms Bismarck Palm Honda Royal Winln Palm Coconut "Maypan" Coconut Maypan Coconut Maypan Medlool Palm Trees Gree n Buttonwood Maho gany ____ Oa.- Live Oak Accen t Items Crin um Cardboard Plan t Bouga invillea Shrubs Cocoplum Seagrape Croton Wax Jasmine Fakahatchee Grass Passion Flower Vine Ground Cover Ike Y Bid valid for 60 d ays P fa ns dated 615!0 t rev 5/1102 ntP Itm.121ak CY 42 $ 24 00 $ 1 008 00 CY 27 5 28 00 $ 702 00 No specs 5x5 0 S 681 25 3 No specs 4x4 0 $ 552 50 $ P er Roll 13 5 285 00 5 3 705 00 S ods for pla nting pits only Total 114 Turnbuckle 363 3 2 65 S 981 95 2'x4' 321 included 3 Total 7 8 oa 4 $ 476 00 $ 18 GW 35 3 1 890 00 $ 18' 24' oa/multi 31 5 587 00 $ 1gw 7$ 41040 $ 5 9w 9 $ 501 60 3 8 9w 17 $ 880 00 3 12'14'CT 4 $ 406750 3 Total 121 10 oa 4 5210 00 $ 840 0012' 14 as 87 $220 00 $ 19 140 Total 25'oa 52 $ 340o $ 10 gallon 34 $ 59 50 $ 10 gallo n 0 3 95 00 $ Total 3 gallon 91 $ 7 00 $ 3 gallon 180 5 7 25 $ 3 gallo n 0 $ $ 8 50 3 gallon 200 3 7 25 $ 3 gallon 125 $ 700 $ 3 gallon/trellis t3 $ 12 00 $ Keyb+s cayn eKey CIvlcCtr6203 (2) Total j_922 1 of 2 phone (954) 340-3000 fax (94) 340-5350 QuaN6catio ns, V En 'All r oadrock/construction debris to be r emoved by others & brought to grad e +/-1' with suitable soil for landscaping 8 sell spec by other 1 904 00 66 150 00 t1Nmete currently Wobbl e height 17 57700 2 872 80 4 514 40 11 580 00 19 470 00 tnci crane 1 788 00 2 023 00 - Espalier 837 00 1 305 00 IFS-Z,c' t r\ lam\ I 1450 00 875 00 72 00 Espalier t gallon not available 11 RECEIVED JUL 1 G 7/10/2003 James A Curtlrlltr1rl- Inc Key Bis cayne Civic C e nt€ r Landscape Service Professi onal s Inc Project Location Key Biscayne -Civic Center Miami a 1 / Die crl to Spider Lily Dune Sunflower Orange/Yellow Lantana Annuals Impatrents/SaMa/Mangold or eq Annual Mix Mulch Cypress Soddin g St Augustine Roll Sod Removal/Re loc ation/Protectio n tnigatron By Others CY T otal 3 of begs Sq Ft St! Ft Bcd valid for 60 d ays Plans dated 6/5t01rev 5/1/02 I! Quantity lintflost m Total 1 gallon 380 $ 3 00 $ 1 140 00 1 gallon 410 $ 2 85 $ 1 168 50 1 gallon 240 3 2 75 $ Total 6601,12 00 240 $ 1 20 $ 288 00 3 $ 36 00 $ 108 00 An 422 $ 6 00 b r Meal Total — a 5 000 $ 5 000 $ Lump Sum 0 $ �_ 2 sae 00 0 28 $ 004 $ phone (954) 340-3Q80 fax (954) 340-5358 ftc atio 1 V t En, Al *mates 1 300 00 1" soil spec by other 200 00 By other Other Tote! ._,a $ 1600 nn en sell spe c by other Warranty year ran Total > $ MOT not i nclude 1 with pro pe r mainte nance including but not limited fertilization pesticide herbicide�""'e t" not r & fungicide treatments as needed and a properly operating serviced 8 utilized im Excludes Acts of God vandalism and relocated material however workman ship Is guaranteed system Is guaranteed a.)w 1""'"""4/0 Keyt»scayneKe y CivicCirg203 (2) 1 / _ a •dd Ienl , c ---x' 'NI roadroc onstructiion debris to bet removed b . by nought to . de +1 1' with suite so or lay .f . . . Soil ( or planting pits only M ammy 1-4 wileairsimeau, �,.,r - G I?- - 1T i 7/10/2003 fr a e0., file. 1535 West Sunrise Boulevard Ft Lauderdale, FL 33311 (954) 763-3411 Fax (954) 763-9243 Your Convenient Center for Do It yourself Spnnkler System Cert Of Competency #77-CLS 14 / 91 CLS 551X State Well Dulling 1 1120 Estimate (or) Contract To James A. Cummings. Inc_ Job Key Biscayne Civic Center Attn Ryan Date July 23.2003 Installation n II fncludlrtg tax $ 13,500 00 West side of Civic C. ter, Install sleeves under walks Install Irrigation system per design for this area Approx 23 mistheads Including tax $ 1,500 00 East side of Civic Center Connect to existing supply at entrance road and install Irrigation system per design for this area Install approx 95 mistheads and bubblers Install sleeves under walks and drives Including tax $ 8,950 00 Exclusions Irngation permit fees Irrigation meter Electrical hook up of controller and rain sensor Purchaser Seller William J Meredith. Jr. Sign and return upon Acceptance Windmill Sprinkler Co Inc Licensed & Insured CONTRACT Noz��w000 STCt Interlocking Paver & Bul'nose Coping Specialists t;:) Qi;) B LL rO J A Cummings Inc 3575 NW 53 St. Ft Lauderdale, FL 2110 N Owe Hwy Hollywood F._ 33020 (954) 923-6546 FAX (954) 923-9913 JOB ADDRESS I Key Biscayne Civic Center AREA MATERIAL AND JOB DESCF UPT,ON Phases 4,6 14146 ORDER DATE 1 ILLJN DA -E 08/14/03 JCB ESTIMATED FROM ❑ PLANS 7 ACTUAL MEAS CUSTOMER PHONE 0544-9227 UNIT COST I AMOUNT Cost of paver instal late on for phases 4 mid 6 including Materials ----------- 5200 100 41 1.1.11111.1, Amounts not paid by due date bear interest at 189 per annum All cost of collection and attorneys fee are the obligations of the customer Excess pavers are due to incremental order requirements by manufacturer, and are the property of Hollywood Stone GUARANTEE Matensl and workmanship guarantee for a period of one substantial completion fur each type of material rovded that year f'f n the data Iof s given by Purchaser to SELLER within one(1) p written pion of any defect !s of this guarantee substantial completon shall mean the date ofr of t completion oFor work except for any finish or seal coats final painting or repairs This guarantee is limited sole4t to the replacement and/or repair of materials by SELLER No other express warranty or guarantee is given No other affirmation of the Ste• ER by words or actions shall constitute a warrantee HO 'J•OD 8y WHITE Fie Copy SUB TOTAL STATE SALES TAX TOTAL ❑ Deposit 50% Total Due upon Substantial Completion 5200 Q0 Inc) ded S 1 200 00 i (Wel accept the above proposal and Contract for the same subject to all terms and conditions on this and the reverse side and addenda (,ncfudrng detail sheet and diagram) anal hereto YELLOW Cus Or r Cony PINK Control Cooy FIBK 10125 N W 116t Was, Suite 14 Miami FL 33178 305-870-0988 Office 305-870-0154 Fax To JAMES A CUMMINGS, INC Attn ALEX SMITH Ref Fisk C O# CNN#138-158 Date 10/6/03 Please find attached our lump sum cost submission to provide AS PER JAMES A CUMMINGS SITE LIGHTING SHEET EE1 104 DATED 8/14/03 PHASE 6 *** NO SAW CUTTING OR RETORATION ARE IN THIS PROPOSAL This proposal reflects our costs with mark-ups The proposed Amount for the descnbed work is as follows EIGHTY FOUR THOUSAND FOUR HUNDRED THIRTY EIGHT 66/100 (84,438 66) This puce does not include anv amounts for changes in the sequence of work time extensions delays disruptions and rescheduling extended overhead acceleration, and/or impact fees The nght is expressly reserved to make claim for any and all cost pnor to settlement of this contract This proposal is firm for 1.) days After 15 daN,s we reserve the nght to reconfirm modify and/or cancel this submission Please provide formal Change Order Documentation FISK CTRIC C; IPAN1 f// X4'7, al`vin ca els Project M. ger cc Jack Maxwell Pat Clyne Jim Kinser CHANGE NOTICE FISK ELECTRIC COMPANY 10125 NW 116th WAY SUITE 14 MIAMI FL 33178 Tel 305-884-5311 Fax 305-884-2192 Client address JAMES A.CUMMINGS,INC Attn ALEX SMITH 3575 NW 53rd ST FT LAUDERDALE FL 33309 USA Tel 305-361-9227 Fax 305-361-5647 Work Descnption CCN# Date (current) Job name Job number Page number 158 10/07/2003 VILLAGE KEY BISC 60 1061 1 of 2 AS PER REVISED SHEET EE1 1 04 DATED 8/14/03 FOR PHASE 6 OF THE SITE LIGHTING We reserve the right to correct this quote for errors and omissions This quote covers direct costs only and we reserve the nght to claim for impact and consequential costs This price is good for acceptance within 10 days from the date of receipt We request a time extension of 20 days We will supply and install all matenals labor and equipments as per your instructions on CCN #158 158 Item Description 3/4 PVC 1 PVC 3/4 PVC FEM ADAPTER 1 PVC FEM ADAPTER 3/4 PVC COUPLING 1 PVC COUPLING 3/4 PVC 90 ELBOW 1 PVC 90 ELBOW #10 THHN SOLID #8 THHN A -8R86 8x8x6 SCR CVR 3R A -12R126 12x12x6 SCR CVR 3R 3/4 x10 CU CLAD GRD ROD 3/4 GRD ROD CLAMP PRE -CAST POLE BASE POLE BASE AUGER 6 TRENCH (12)(3 DEEP) BROOKS BOX & COVER GARD-N-POST Qty 300 1 500 40 140 30 180 80 150 4 500 1 500 20 6 12 12 12 12 1 800 4 17 Price 48 93 73 03 62 40 86 78 32 18 49 73 103 35 174 85 7106 136 46 35 17 56 25 29 16 126 38 275 00 200 00 1 75 249 00 35 17 U Hrs U Mat $ C 750 C 14679 C 8 70 C 1 095 45 C 20 00 C 24 96 C 22 00 C 121 49 C 000 C 965 C 000 C 8951 C 37 00 C 82 68 C 43 00 C 262 27 M 930 M 31977 M 12 50 M 204 69 E 1 00 E 703 40 E 1 75 E 337 50 E 1 25 E 349 92 C 0 25 E 15 17 E 1 00 E 3 300 00 E 0 00 E 2 400 00 E 0 03 E 3 150 00 E 2 00 E 996 00 E 1 75 E 597 89 Tot Hrs 22 50 130 50 8 00 30 80 0 00 0 00 29 60 64 50 41 85 18 75 20 00 10 50 15 00 3 00 12 00 0 00 54 00 8 00 29 75 FISK ELECTRIC COMPANY 10125 NW 116th WAY SUITE 14 MIAMI FL 33178 CCN# 158 Date 10/07/2003 Job name VILLAGE KEY BISCAYNE Job number 60-1061 Page number 2 of 2 Item Description (cont) Qty Price U Hrs U Mat $ Tot Hrs Totals $14,207 14 498 75 Summary General Materials LIGHT FIXTURES Matenal Tax Material Total ELECTTRICIAN SUPERVISOR c@ 25% Subtotal Overhead Final Amount (@ 7 000 %) (498 75 Hrs © $36 93) (124 69 Hrs @ $44 18) (@ 15 000 %) Total ($) 14 207 14 32 052 00 3 238 14 49,497 28 18 41884 5 508 80 73 424 92 11 013 74 $84,438 66 CONTRACTOR CERTIFICATION Name Date Signature Change Order # I hereby certify that this quotation is complete and accurate based on the information provided CLIENT ACCEPTANCE CCN# 158 Final Pnce $84438 66 Name Date Signature Change Order # I hereby accept this quotation and authorize the contractor to complete the above described work. RESOLUTION NO 2004-3 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING POLICIES FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS TELEVISION, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Village of Key Biscayne, Flonda has secured access to vanous channels on the Village's cable television system for public, educational or governmental use, and WHEREAS, the Village desires to adopt formal policies governing the programming, use and operation of the access channels NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Adoption of Policies The Village Council hereby adopts the Village of Key Biscayne Policies for Public, Educational and Governmental Access Television attached hereto as Exhibit "A" to this resolution Section 2 Effective Date That this Resolution shall be effective upon adoption PASSED AND ADOPTED this 13th day of January , 2004 (//41(bi CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIEN VILLAGE A TO ' .L /11`) (tetiA_ it.,, L____, MAYOR ROBERT OLDAKOWSKI iilY VILLAGE OF KEY BISCAYNE POLICIES FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS TELEVISION 1 BACKGROUND Under the terms of the September 2001 License Agreement between the Village of Key Biscayne, Flonda and Key Biscayne Cablevision d/b/a Adelphia Cable Communications, the Village has secured up to three channels on Adelphia's cable television system for public, educational or governmental use Two of the three channels have been designated on the channel lineup as Channel 16 and Channel 17 and are collectively referred to herein as the "Access Channels " The third channel is not presently available under the terms of the Agreement To date, the Village has elected to use only one of the available Access Channels (Channel 16), which has been used exclusively for governmental use It is the purpose of these policies to reaffirm the use of Channel 16 exclusively for governmental use and to reserve Channel 17 for educational access use only It is further the purpose of these policies to establish that the Access Channels shall not in any manner by used for (1) public access, (2) commercial advertisements, (3) advertising for political candidates, or (4) transmitting obscene or indecent matenal 2 PROGRAMMING FOR INDIVIDUAL CHANNELS 2 1 Channel 16 Channel 16 is hereby designated and allocated for governmental access purposes only Channel 16 shall be used solely for governmental programming as may be established from time to time by the Village Council in its full and absolute discretion The programming permitted on Channel 16 may include, but is not limited to the following 2 1 1 Coverage of meetings of the Village Council and any of its boards and/or committees, 2 1 2 Programming to provide a forum for Village residents to have input on items scheduled for a vote by the Village electors under the Charter Amendments, initiative and/or referendum processes contained in the Village Charter Such programming may be in the format of town hall meetings, interview shows, point -counterpoint discussions, call -in shows, broadcasting of pre-recorded statements or an open forum in which members of the public may ask questions of the Village Manager or members of the Village Council on the issue subject to the vote (included in such programming shall be diverse points of view), 2 1 3 Statements by qualified candidates for the positions of Mayor or Councilperson within the Village of Key Biscayne, as more particularly set forth in Village Council Resolution No 2002-46, 2 1 4 Coverage of election results, 103041 /Resolutions/Policies for Access Channels8 19-03 2 2 1 5 Posting of public announcements and notices, 2 1 6 Programming prepared by or for other governmental agencies, such as Miami -Dade County, the State of Flonda and the Miami -Dade County School Board 2 1 7 Any other programming which the Village Council determines is in the public's interest and/or serves a public purpose 2 2 Channel 17 Channel 17 is not currently in use for any programming It is hereby set aside and reserved for future educational programming only The Village Council in its sole and absolute discretion may provide such programming directly to the residents of Key Biscayne or alternately under an access management agreement or similar arrangement with a not -for-profit community television entity or governmental agency 3 USE OF EQUIPMENT AND FACILITIES The Village has very limited equipment, facilities and resources available for the production and cablecasting of programming The use of the equipment and facilities shall be limited to Village employees and others with authonty from the Village Manager and subject to rules and regulations as they may be established by the Village Manager 103041/Resolutions/Policies for Access Channels8 19-03 3 RESOLUTION NO 2004-4 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, DECLARING AS SURPLUS A CERTAIN PASSENGER BUS OWNED BY THE VILLAGE AND AUTHORIZING THE VILLAGE MANAGER TO PROVIDE FOR THE SALE OR DISPOSITION OF SUCH SURPLUS PROPERTY, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the 1994 Ford E 350 passenger bus previously used by the Village Recreation Department is obsolete and no longer needed by the Village NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recital Adopted That the recital stated above is hereby adopted and confirmed Section 2 Surplus Property That the 1994 Ford E 350 passenger bus, bearing VIN Number 1FDKE3OGOPHB75493 (the "Bus"), which is owned by the Village, has become obsolete, has outlived its usefulness, has become inadequate for the public purposes for which it was intended, and is no longer needed for public purposes, and accordingly is hereby declared by the Village Council to be surplus personal property of the Village Section 3 Disposal Authorized That the Village Manager is hereby authonzed to sell or dispose of the Bus by negotiated sale, public advertisement, public auction or by other procedure established by the Village Manager The Bus shall be sold in "as is" condition, with no warranty of fitness or operability The proceeds of the sale shall be credited to the General Fund of the Village Section 4 Implementation That the Village Manager is authonzed to take any and all action necessary to implement this Resolution and the purposes hereof Section 5 Effective Date That this Resolution shall be effective immediately upon adoption PASSED AND ADOPTED this 10th day of February, 2004 Z C ( dAtt ( it MAYOR ROBERT OLDAKOWSKI 14 (41 CHITA H ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND LEGAL SUFFI VILLAG AT EY 103001\resolutions\establishing disposal of surplus s passenger bus 1 23 04 RESOLUTION NO 2004-5 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING USE OF CHANNEL 16 FOR PUBLICIZING OF AND PROVIDING CABLE TELEVISION COVERAGE FOR THE VILLAGE RECREATION DEPARTMENT EVENTS, ACTIVITIES AND PROGRAMS WHICH ARE INCLUDED IN THE MONTHLY CALENDAR OF EVENTS, AS GOVERNMENTAL PROGRAMMING, PURSUANT TO SECTION 2 1 7 OF THE VILLAGE OF KEY BISCAYNE POLICIES FOR PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS TELEVISION AS ADOPTED BY RESOLUTION NO 2004-3, AND PROVIDING FOR EFFECTIVE DATE WHEREAS, pursuant to Resolution No 2004-3, the Village Council has provided that Channel 16 shall be used solely for governmental programming as may be established from time to time by the Village Council, and WHEREAS, Section 2 1 7 of the Village of Key Biscayne Policies for Public, Educational and Governmental Access Television (the "Policies"), as adopted by Resolution No 2004-3, authonzes governmental programming which consists of certain enumerated programming and such other programming which the Village Council determines is in the public's interest and/or serves a public purpose, and WHEREAS, the Village Council hereby finds and determines that the publicizing of and the provision of cable television programming coverage for the events, activities and programs of the Village's Recreation Department, as reflected on the monthly calendar of events for the Recreation Department, are in the public's interest and serve a pubic purpose of promoting recreational, cultural and athletic events and activities which are sponsored or conducted by the Village Recreation Department for the residents and/or visitors of the Village NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted That each of the above stated recitals is hereby adopted and confirmed Section 2 Authorization That governmental programming consisting of the publicizing of and the provision of cable television coverage for the events, activities and programs of the Village Recreation Department, as described above, is hereby authorized pursuant to Section 2 1 7 of the Policies Section 3 Effective Date That this resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 10th day of February , 2004 MAYOR ROBERT OLDAKOWSKI CONCHITA H ALVAREZ, CMC, VILLAGE CLE APPROVED AS T • FORM AND LEGAL SUFFICI VILLAGE A TO F /103 001/Resolutions/Use of Channel 16 by DMW 1 26 04 2 RESOLUTION NO 2004-6 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING THE VILLAGE OF KEY BISCAYNE CIVIC CENTER PROJECT, AUTHORIZING CONSTRUCTION EXPENSE ITEMS DESCRIBED HEREIN, AUTHORIZING AMENDMENT NO 15 TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER CONCERNING MATTERS DESCRIBED THEREIN, PROVIDING FOR EFFECTIVE DATE WHEREAS, pursuant to Section 3 07(b) of the Village Charter, the Village Council desires to authorize the expenditure of Village funds for additional construction items for the Village's Civic Center Project (the "Project") as described in the Village Manager's Memorandum, marked as Exhibit "A" and attached hereto, and WHEREAS, it is necessary to amend the Agreement between the Village and Construction Manager to implement expenditures for the work authorized herein, and WHEREAS, the Village Council finds that it is in the best interest of the Village to proceed as indicated in this resolution NOW, THEREFORE, BE IT 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 Work Authorized, Specification Of Funds. A That the construction activities for the matters described in Amendment No 15 and in Exhibit "A", attached hereto, are each hereby approved and authorized B That the fund amount and source for the work items are hereby authonzed and approved as descnbed in Exhibit "A " Section 3 Amendment To Agreement Approved. That Amendment No 15 to the Agreement between Village and Construction Manager, in substantially the form attached hereto, is hereby approved and the Village Manager and Village Clerk are hereby authonzed, in their respective capacities, to execute the Amendment to Agreement on behalf of the Village, once approved as to legal form and sufficiency by the Village Attorney Section 4 Implementation That the Village Manager is hereby authonzed to take any and all action necessary to implement the purposes of this resolution and the Amendment to Agreement Section 5 Effective Date That this resolution shall become effective upon its adoption PASSED AND ADOPTED this 10th day of February, 2004 LC Ck:taLLC CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO F e ' AND LEGAL SUFFICIEN `,. VILLAGE A TO F \103001\Resolutions\authonzmg construction expense item No 15 1/ 28/04 MAYOR ROBERT OLDAKOWSKI 2 AMENDMENT TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER PROJECT NO PROJECT NAME AND LOCATION VKB-98069000 Village Community Center (Recreation Center) Village Fire Station, Police Station, and Administrative Office of the Village of Key Biscayne, Florida (the "Project") AMENDMENT NUMBER #15 (Owner Directed Design Changes at Village Fire Rescue, Police & Admimstration Buildings, and Site & Site Infrastructure Revisions ) THIS AMENDMENT made this 9th Day of December in the year Two Thousand and Three By and between the Village of Key Biscayne, Florida, a Flonda municipality, (the "Owner") and James A Cummings, Inc a Florida Corporation 3575 Northwest 53rd Street Ft Lauderdale, FL 33309 Phone (954) 733-4211, Fax (954) 485-9688, Federal Tax I D Number 59-2098732, (the "Construction Manager") WHEREAS, the Owner (as a direct signatory and through its former agent, the Department of Management Services of the State of Florida (the "DMS")) has previously entered mto the Agreement between the Owner and Construction Manager, and WHEREAS, the Agreement has previously been revised by Amendment Nos 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14, WHEREAS, it is now necessary to revise the Agreement to mclude Work Associated with Owner Directed Design Changes for the Village Fire Rescue Station and Police and Administration Buildings, and Site & Site Infrastructure Revisions NOW, THEREFORE, in recognition of the good and valuable consideration provided by the covenants hereof between the parties, the Owner and the Construction Manager hereby Covenant and agree to amend the Agreement to mclude work for the Owner directed design changes for the Village Fire Rescue Station, Police and Administration Buildings, Site & Site Infrastructure Revisions and to identify its funding source, to identify the drawings, specifications and other documents upon which the GMP is based, and to otherwise revise the Agreement, as follows (1) Guaranteed Maximum Price - the Guaranteed Maximum Price (GMP) for construction of Project VKB-98069000, Village Community Center, Village Fire Station, Village Police Station, and Administrative Office of the Village, as defined m Article 7 1 of said Agreement shall be $22,464,165 59 (which includes the $286,867 00 GMP for the Work Associated with the Owner Directed Design Changes and Site & Site Infrastructure Revisions as listed below in items 2 a through 2 s for the Village Fire Rescue and Police and Administration Buildings ) (2) Drawings and Other Supportmg Documents - m addition to the drawings, specifications and other supporting documents identified in previous amendments (No 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14) to the Agreement, the Guaranteed Maximum Pnce (GMP) for construction of the Project, is based upon the following drawings and other supporting documents a Proposal #R -110F to the Village of Key Biscayne from James A Cummings, Inc , dated July 24, 2003, and m accordance with OBM Miami, Inc RFI #0P0211 dated July 11, 2002, and Guerraro/Gonzalez Engineers correspondence dated March 10, 2003, which are attached hereto as Exhibit "A 1 " b Proposal #R -111F to the Village of Key Biscayne from James A Cummings, Inc , dated July 23, 2003, and m accordance with OBM Miami, Inc Correspondence dated June 11, 2002, which are attached hereto as Exhibit "A 2 " c Proposal #R -112F to the Village of Key Biscayne from James A Cummings, Inc , dated August 11, 2003, and m accordance with HDR/Fitzgerald Consulting Group Drawing EY 102 dated July 10, 2002, which are attached hereto as Exhibit "A 3 " d Proposal #R -113F to the Village of Key Biscayne from James A Cummings, Inc , dated August 22, 2003, and m accordance with OBM Miami, Inc RFI #0P0268 dated August 13, 2002, which are attached hereto as Exhibit "A 4 " e Proposal #R -114F to the Village of Key Biscayne from James A Cummings, Inc , dated August 26, 2003, and m accordance with OBM Miami, Inc RFI #0P0242 dated September 20, 2002, which are attached hereto as Exhibit "A 5 " f Proposal #R -58P to the Village of Key Biscayne from James A Cummings, Inc , dated June 7, 2003, which are attached hereto as Exhibit "A 6 " g Proposal #R -60P to the Village of Key Biscayne from James A Cummings, Inc , dated August 1, 2002, which are attached hereto as Exhibit "A 7 " h Proposal #R -118P to the Village of Key Biscayne from James A Cummings, Inc , dated July 16, 2003, and in accordance with Fuster Design Associates Revised Drawings L1, L2, I1 and I2 dated May 28, 2003, and Drawing 11 dated July 16, 2003, which are attached hereto as Exhibit "A 8 " 1 Proposal #R -119P to the Village of Key Biscayne from James A Cummings, Inc , dated July 18, 2003, and in accordance with Spillis Candela DMJM RFI #PCO207 dated July 18, 2003, which are attached hereto as Exlubit "A 9 " J Proposal #R -120P to the Village of Key Biscayne from James A Cummings, Inc , dated July 20, 2003, and in accordance with ITC No 36 dated April 10, 2003 and Spillis Candela DMJM Revised Drawings C2 1 01, C3 1 01 and C4 1 01 dated March 13, 2003, and Electrical Drawings El 200 and E5 1 02 dated Apnl 10, 2003, which are attached hereto as Exhibit "A 10 " k Proposal #R -121P to the Village of Key Biscayne from James A Cummings, Inc , dated July 20, 2003, which are attached hereto as Exhibit "A 11 " 1 Proposal #R -122P to the Village of Key Biscayne from James A Cummings, Inc , dated August 11, 2003, and in accordance with Spillis Candela DMJM ITC No 16 (Rev 1) dated March 28, 2002, which are attached hereto as Exhibit "A 12 " m Proposal #R -123P to the Village of Key Biscayne from James A Cummings, Inc , dated August 25, 2003, and in accordance with Spillis Candela DMJM RFI #PC0160 dated August 14, 2002, which are attached hereto as Exhibit "A 13 " n Proposal #R -124P to the Village of Key Biscayne from James A Cummings, Inc , dated September 3, 2003, and in accordance with Spills Candela correspondence dated August 13, 2003 and Mechanical and Electrical sketches MSK-5, ESK-37 and ESK-38 dated August 11, 2003, which are attached hereto as Exhibit "A 14 " o Proposal #R -11I to the Village of Key Biscayne from James A Cummings, Inc , dated July 24, 2003, and m accordance with WASA comments on Spillis Candela DMJM Drawings C 1 1 01 & C 1 1 02 dated October 22, 2002 (Rev 3), which are attached hereto as Exhibit "A 15 " p Proposal #R -12I to the Village of Key Biscayne from James A Cummings, Inc , dated July 28, 2003, and m accordance with Fuster Design Associates Drawings L1 & L2 dated April 7, 2003 and Ii, 12 & I3, dated June 16, 2003, which are attached hereto as Exhibit "A 16 " q Proposal #R -13I to the Village of Key Biscayne from James A Cummings, Inc , dated August 1, 2003, and in accordance with Spillis Candela DMJM Revised Civil Drawings C 1 1 03, C 1 1 05 through C6 1 02 and C7 1 00 through C7 1 05 dated March 27, 2003, which are attached hereto as Exhibit "A 17 " r Proposal #R -14I to the Village of Key Biscayne from James A Cummings, Inc , dated August 25, 2003, and in accordance with Spillis Candela DMJM RFI's #1017 (dated 06/09/03) & I017A (dated 07/17/03), and Revised Electrical Civil Drawings EEO 1 01, EE 1 1 02 & EE 1 1 08 dated July 16, 2003, which are attached hereto as Exlubit "A 18 " s Proposal #R -17I to the Village of Key Biscayne from James A Cummings, Inc , dated October 7, 2003, and m accordance with the request provided by the Village of Key Biscayne Public Works, which are attached hereto as Exhibit "A 19 " t The revised Project Budget, which is attached hereto as Exhibit "B " (3) Changes in Agreement — various changes are required to the exhibits and articles of the Agreement to reflect the amendments described herein It is agreed that the articles and exhibits of the Agreement shall be deemed to be amended, to provide the following a Establishment of the GMP for Work Associated with the Owner Directed Design Changes for the Fire Rescue, Police and Administration Buildings, and Site & Site Infrastructure Revisions in the amount of $286,867 00, and establishment of the GMP for the Project of $22,464,165 59 (4) Effect On Agreement - except as provided above, the articles and exhibits of the Agreement which are not affected by the amendments provided for herein shall remain in full force and effect IN WITNESS WHEREOF, the parties have executed this Amendment the day and year first wntten above JAMES A CUMMINGS, INC Attest By PC -Y. -k -P a__ lra..,.o By a0 ) Corporate Secretary v rp tary ��/►i(EL � /�iq G �S William R Derrer, Corporate President James A Cummings, Inc Witnessed By By Approved as to form and leg .. su " ciency By 4/Ale__ ,CAA iJc !&L4 K c (print name) n J IAVn's' Po\1AC.(L (print name) 1 VILLAGE OF KEY BISCAYNE Village Attorney 103001 \agreements\amendment to agree ent . - een owner and construction manager (Corporate Seal) EXHIBIT B OWNER S CONSTRUCTION BUDGET ITEM DESCRIPTION CONSTRUCTION BUDGET CONSTRUCTION MANAGER S PRECONSTRUCTION PHASE FEE $113 190 00 SUBTOTAL OWNER S TOTAL PRECONSTRUCTION PHASE FEE $113 190 00 VILLAGE FIRE RESCU$ DEPARTMENT & ADMINISTRATION AND PQLICE FACILITY CONSTRUCTION MANAGER S CONSTRUCTION PHASE FEE $527,392 00 CONSTRUCTION MANAGER S OVERHEAD & PROFIT $457 223 00 CONSTRUCTION BUDGET BALANCE $9 878,355 00 AMENDMENT NO 09 - OWNER REQUESTED CHANGES $232 893 00 AMENDMENT NO 15 - OWNER DESIGN CHANGES $182 318 00 SUBTOTAL CONSTRUCTION COSTS $11 278 181 00 ANTICIPATED OWNER SALES TAX SAVINGS ($159 266 00) SUBTOTAL $11 118 915 00 OWNER S CONTINGENCY $256 924 00 OWNER S GMP BUDGET FIRE RESCUE & ADMINISTRATION/POLICE $11 375 839 00 OWNER S CONSTRUCTION BUDGET FIRE RESCUE & ADMINISTRATION/POLICE WITH PRECONSTRUCTION FEE $11,489,029 00 VILLAGE CIVIC CENTER SITE &SITE INFRASTRUCTURE WORK ELECTRICAL DUCT BANK AND WATER MAIN CONSTRUCTION MANAGER S CONSTRUCTION PHASE FEE $119 226 00 CONSTRUCTION MANAGER S OVERHEAD & PROFIT $34 521 00 CONSTRUCTION BUDGET BALANCE $647 913 00 OWNER S CONSTRUCTION BUDGET VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK ELECTRICAL DUCT BANK AND WATER MAIN $801,660 00 VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK PHASES 1, 2, 3, 4, 5 & 6 (INCLUDING STATE SCHOOL "FF SANITARY SEWER FORCE MAIN) CONSTRUCTION MANAGER S CONSTRUCTION PHASE FEE $62 63000 CONSTRUCTION MANAGERS OVERHEAD & PROFIT $84 541 00 AMENDMENT NO 15 - OWNER DESIGN CHANGES $104 549 00 CONSTRUCTION BUDGET BALANCE $1 842 045 00 OWNER S CONSTRUCTION BUDGET VILLAGE CIVIC CENTER SI'I & SITE INFRASTRUCTURE WORK $2,093,765 00 VILLAGE COMMUNITY CENTER (RECREATION CENTER) CONSTRUCTION MANAGER S CONSTRUCTION PHASE FEE $771 920 00 CONSTRUCTION MANAGER S OVERHEAD & PROFIT $425 691 00 CONSTRUCTION BUDGET BALANCE $9 141 302 00 EXHIBIT B (cont'd ) OWNER S CONSTRUCTION BUDGET ITEM DESCRIPTION OWNER S CONSTRUCTION BUDGET VILLAGE COMMUNITY CENTER (RECREATION CENTER) OWNER CHANGE ORDERS OWNER CHANGE ORDER NO 1 OWNER CHANGE ORDER NO 2 SUBTOTAL OWNER S CHANGE ORDERS OWNER S TOTAL CONSTRUCTION BUDGET (ALL PHASES) CONSTRUCTION BUDGET $10338,913 00 ($1 140 899 62) ($1 118 301 79) ($2,259,20141) $22 464 165 59 Page 1 * * 42_ 16 Future Amendment SKYLINE MANAGEMENT GROUP Village of Key Biscayne CHIC CENTER PROJECT James A. Cwnmtnas. inc. Desc ripbon 1 Original Contract 2 Amendment 1 3 Amendment 2 4 Amendment 3 S Amendment 4 6 Amendment 5 7 Amendment 6 8 BUDGET RECAP / STATUS Scope Pre -construction Fire and Village Hall Buildings Site / infrastructure (utilities) Site / infrastructure (site roads landscape) Fire / Village Hal Community Room Addition Community Center Building Site / Infrastructure Force Main October 212003 Budget S 113,190 $ 10 715 380 $ 801860 $ 1 433 035 S 189 058 $ 9 818 670 S 156 089 Status Approved Approved Approved Approved Approved Approved Approved Subtotal to Date GMP's $ 23,227,082 Approved 9 Amendment 7 10 Amendment 8 11 Amendment 9 12 Amendment 10 13 Amendment 11 14 Amendment 12 15 Future Amendment Fire / Village Hall Generator Building Fire / Village Hall Parking Lot Fire / Village Hall Value Added Modifications Community Center Misc Modifications Community Center Additional Sheet Piling Community Center Recharge Dewatering System Fire / Village Hap Misc. Modifications S 72,760 40 085 tj 232,893 S 40 043 S 56265 S 81728 S 87 578 17 Future Amendment 18 Future Amendment 19 Future Amendment 20 Future Amendment Site / infrastructure Misc Modifications Community Center Re -design Site / Infrastructure CM Engineering Modifications Site / Infrastructure (Balance of Amendment 3) Fire / Village Hal Addnt. Builders Risk ins 21 22 23 24 25 26 Future Amendment Future Amendment Future Amendment Future Amendment Site I Infrastructure Crandon Blvd Signalization Site / Infrastructure Passive Park (Citgo Site) Community Center G C Delay Cost Community Center Delay Addnl Builders Risk Ins S 126 056 $ 395 483 S 45 759 S 400 092 S 106 384 S 200 000 S 40 000 S 327 744 S 84 793 Approved Approved Pending Council Action Pending Council Action Pending Council Action Pending Submission to Council Pending Final Cost Evaluation Pending Final Cost Evaluation Pending Final Cost Evaluation Pending Final Cost Evaluation Pending Final Cost Evaluation Pending Submission to Council Design / Cost Pending Allowance Pending Design Pending Submission to Council Pending Underwriter Review General Contractor Amendments $ 2,337,663 Approved or Pending Total General Contractor Cost 25,564,745 - 4 14'12- 4.44 92 Oa), 12E)4 43tAXIST 512. l o CP ''YtA ot4b ; Comment Added Value Added Value Added Value Added Value Impact Cost Impact Cost Added Value Added Value Added Value Added Value Added Value Impact Cost Added Value Added Value Impact Cost impact Cost Nc•'Gt)ALd. 104,54c1 toCet,E4- 4> 42-6(P, t3G4144431/2•0/ -#1*) vkb cost report Page 1 RESOLUTION 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 authonzed 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 'LLldti4(tL MAYOR ROBERT OLDAKOWSKI CONCHITA 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 extenor building facade (walls, windows, roofs, fountains, pools and walkways immediately adjacent to buildings), all mechanical systems including heating, air conditioning, and plumbing, all electncal equipment associated with the buildings, [not including office equipment or devices], including penodic 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 penodic 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 appropnate 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 spnnkler and alarms, secunty systems, and electncal 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 appropnate vendor, supplier, or maintenance provider in office facilities provided by the Village F \100\103001\E hb t 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 Buildmg 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 proration 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 ongmal 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 dunng 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 pnor 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 wntten notice with or without cause and by the CONSULTANT upon ninety (90) days wntten 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 wntten 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 dunng 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 wnting 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 Helfinan Pastonza Guedes Cole & Boniske, P A 2665 South Bayshore Dnve Suite 420 Miami, Flonda 33133 Skyline Management Group, Inc 4040 N E 2nd Avenue, Suite 305 Miami, Flonda 33137 Attention Paul T Abbott 13 GOVERNING LAW, LITIGATION This Agreement shall be construed in accordance with the laws of the State of Flonda Venue for any litigation hereunder shall be in Miami -Dade County, Flonda The parties voluntarily waive the nght to any trial by jury in any litigation hereunder 5 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 wntten CONSULTANT SKYLINE MANAGEMENT GROUP, INC 4040 N E 2nd Avenue, Suite 305 Miami, Flon 33137 By 1 Abbott Title ' IG) �. t F \100\103001\Agreements\Buildmg Management Contract doc 6 VILLAGE VILLAGE OF KEY BISCAYNE 88 West McIntyre Street Key Bisc e, FL 33149 llage Clerk ed as to Legal Fo ` and Sufficiency LX X Amp. CERTIFICATE OF LIABILITY INSURANCE PROBUCSIt Insurance t Marketers , Inc 141 Maori. Avenue Coral Gable is 1% 33134 Phone 305-442-9507 Fax 305-447-8527 INSURED ► ABBOTT GEM NT GROUP, Dm vAl4040 NZ 2 /MX SUITE 1 305 14141141 FL 33137 COVERAGES DATE (MMIDDNYYY) s1vrL -1` 02/1 04 THIS CERTIFICATE IS ISSUED AS A MAT TER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NO1 AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLIES BELOW INSURERS AFFORDING COVERAGE NAIC # INSURER A Assurance C of Amexzca I SURER a Florida Retail, Fadaxation Self INSURER C INSURER a INSURER E. The POuc*s OF ieuRANCE LISTED SLOW HAVE BEEN ISSUED TO THE INSURED NAMED ASOVE FOR THE POLICY PERIOD ERECATED NOTINTTHS rANOM3 ANY REQuIREIB I Taw OR COMMON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CIOMFICATS MAY EE ISSUED OR MAY PERTAIN. TNt INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONIT11ONS 0 SUCH POLICES MORE ATE LIMITS SHOWN MAY WAVE SEEN REDUCED BY PAID CLAIMS rrFE Of INSURANCE MLR! I L AEA✓ Y S CO JMERCIAL GENERAL UARIUTY CLAMS MADE Ei OCCUR GorL IGREGATE LMIT APPLIES PER' 371 Pa tCY El PR_CO_ ( l LOC AUTos I BILE LUABLITY r—� AN AUTO AL OWNED AUTOS SC IEDULED AUTOS H1 SO AUTOS FK *OWNED AUTOS OARAG " LIABILITY At ' AUTO POLICY NUMBER PIMA 42952128 42952128 IfUMBRELLA I LAWN. TY of UJP CLAIMS MADE DUCTa S RS TENTION : C SAPENSATION AND o = IBE3 E uRDiFD7 DIVE tarot deeort t ur or Wtt lf ow 8ION$ below a TBA DeSCRIPTION OAF I IFORATTMNS I LOCATIONS IVEINICLE9 1116 CERTIFICATE FOLDER 01/07/04 01/07/04 EACH cc°ui tRENCE s 1, 000,000 01/07/05 11=1457:11;1-0 $ 100,000 MED EXP (Pry one person) 1110 , 000 $1,000,000 GENERAL Ac IOREQATE s 21000 , 000 01/07/05 PRODUCTS COMP/OP AGG $ 2 , 000 , 000 ammo I I ALE LIMIT ma accident BODtY INJL ICY (Per mien) (Pow occident I s1,000,000 AUTO ONLY EA A CEENT 02/03/04 EXCLUSIONS ADDED BY ENOORSENEHT OTHER THA 4 NINA ACC S AUTO ONLY AGG $ EACH OCCt RRENCE Ri AOGREGAT 02/03/05 S $ $ X TIM Mnrs I"itr— ER EL EACH /.CCIdeNT $100000 EL DLSEP4 E LA EMPLOYEE SPECIAL PROVISIONS CANCELLATION ✓ kilage of Key B2. oayne A I^tn Jacqueline R Menendez o r1lage Manger III) West McIntyre Street Pay Biscayne FL 33149 VILLA K1 s 100000 EL DI8EAI E POLICY LIMIT s 500000 SHOULD ANY OF THE ABOVE DESCRIBED POLICI r.$ RE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING INSURER WILL ENI IEAVOR TO NAIL 10 OATS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED T ! THE LEFT BUT FAILURE TO DO SO SMALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY K ND UPON THE JAMMER. ITS AGENTS OR REPRESENTATIVES TATIVE ACORD 25 (2i D1,08) 0 ACORD CORPORATION 1988 RESOLUTION NO 2004-8 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SUPPORTING THE MIAMI-DADE COUNTY COMMISSION IN THEIR EFFORTS TO IMPLEMENT A VOTING MECHANISM THAT PROVIDES FOR A PAPER RECORD WHEREAS, the Village Council of the Village of Key Biscayne supports the Miami -Dade County Commission in their efforts to establish a paper back-up system so as to assure the public of the accuracy of the new voting system, and WHEREAS, with a paper back-up system the results of an election will be available for inspection in any dispute over election results in the event that there is any technological failure of the new touch screen system NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS Section 1 The Village Council of the Village of Key Biscayne supports the efforts of the Miami -Dade County Commission to implement a voting mechanism that provides for a paper record Section 2 That the Village Clerk is hereby directed to send a copy of this resolution to Commissioner Jimmy L Morales and to the County Manager Section 3 That this resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 24th day of February , 2004 4,0 uttilml.,: CHITA H ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO ORM AND LEGAL SUFFIC VILLAGE TTORN MAYOR ROBERT OLDAKOWSKI tikErtr Qt: rd»_ ; �it..g � S hYi vin _*i 1 4:v "?- PIO RESOLUTION NO 2004-9 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AND ADOPTING THE CRANDON BOULEVARD MASTER PLAN AND DIRECTING THE VILLAGE MANAGER TO INITIATE ALL NECESSARY ACTION TO COMMENCE THE IMPLEMENTATION OF SAID PLAN, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on February 8, 2002, the Village of Key Biscayne and Miami -Dade County entered into an Interlocal Agreement authorizing the creation of a master plan for the development, use and operation of Crandon Boulevard within the Village's boundanes, and WHEREAS, on January 26, 2003, the Village Council established an 18 -member Crandon Boulevard Streetscape Citizen's Advisory Committee to develop the master plan for Crandon Boulevard, and WHEREAS, after lengthy and comprehensive study, including substantial public participation, the Crandon Boulevard Streetscape Advisory Committee, at its meeting of January 29, 2004, unanimously voted to recommend that the Village Council adopt the Crandon Boulevard Master Plan, dated February 2004, which is attached as Exhibit "A" to this resolution, and WHEREAS, the Village Council has considered the Committee's recommendation and acknowledges and is grateful for the Committee's efforts NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted Each of the recitals stated above is hereby adopted and confirmed Section 2 Master Plan Approved The Village Council hereby adopts and approves the attached Crandon Boulevard Master Plan Section 3 Implementation The Village Manager is hereby directed to take all necessary and appropriate action to commence the implementation of the Crandon Boulevard Master Plan Section 4 Effective Date That this resolution shall take effect immediately upon adoption hereof PASSED AND ADOPTED this 24th day of February, 2004 /4) ato. b la (____ MAYOR ROBERT OLDAKOWSKI AT AA foe CHITA H ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO FORM AND LEGALSUFFICIE " VILLAG TTORNE 4--‘ss-t-34.- F /103 001/Resolution/Approving Master Plan 2 RESOLUTION NO 2004-10 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING THE VILLAGE OF KEY BISCAYNE CIVIC CENTER PROJECT, AUTHORIZING CONSTRUCTION EXPENSE ITEMS DESCRIBED HEREIN, AUTHORIZING AMENDMENT NO 16 TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER CONCERNING MATTERS DESCRIBED THEREIN, PROVIDING FOR EFFECTIVE DATE WHEREAS, pursuant to Section 3 07(b) of the Village Charter, the Village Council desires to authonze the expenditure of Village funds for additional construction items for the Village's Civic Center Project (the "Project") as descnbed in the Village Manager's Memorandum, marked as Exhibit "A" and attached hereto, and WHEREAS, it is necessary to amend the Agreement between the Village and Construction Manager to implement expenditures for the work authonzed herein, and WHEREAS, the Village Council finds that it is in the best interest of the Village to proceed as indicated in this resolution NOW, THEREFORE, BE IT 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 Work Authorized, Specification Of Funds A That the construction activities for the matters descnbed in Amendment No 16 and in Exhibit "A", attached hereto, are each hereby approved and authonzed B That the fund amount and source for the work items are hereby authonzed and approved as descnbed in Exhibit "A " Section 3 Amendment To Agreement Approved That Amendment No 16 to the Agreement between Village and Construction Manager, in substantially the form attached hereto, is hereby approved and the Village Manager and Village Clerk are hereby authonzed, in their respective capacities, to execute the Amendment to Agreement on behalf of the Village, once approved as to legal form and sufficiency by the Village Attorney Section 4 Implementation That the Village Manager is hereby authonzed to take any and all action necessary to implement the purposes of this resolution and the Amendment to Agreement Section 5 Effective Date That this resolution shall become effective upon its adoption PASSED AND ADOPTED this 9th day of March, 2004 teti,dt L — MAYOR ROBERT OLDAKOWSKI ATT T d4SI-h/Ne HITA H ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO FORM AND LEGALSUFFICIE VILLAGE ATT F \103001\Resolutions\a o ing construction expense item No 16 2 25 04 2 A AMENDMENT TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER PROJECT NO PROJECT NAME AND LOCATION AMENDMENT NUMBER VKB-98069000 Village Community Center (Recreation Center) Village Fire Station, Police Station, and Admuustrative Office of the Village of Key Biscayne, Florida (the "Project") #16 (Permit Drawing Changes and Value Engineering Savings for the Village Community Center ) THIS AMENDMENT made this 22nd Day of December in the year Two Thousand and Three By and between the Village of Key Biscayne, Florida, a Florida municipality, (the "Owner") and James A Cummings, Inc a Florida Corporation 3575 Northwest 53rd Street Ft Lauderdale, FL 33309 Phone (954) 733-4211, Fax (954) 485-9688, Federal Tax I D Number 59-2098732, (the "Construction Manager") WHEREAS, the Owner (as a direct signatory and through its former agent, the Department of Management Services of the State of Florida (the "DMS")) has previously entered into the Agreement between the Owner and Construction Manager, and WHEREAS, the Agreement has previously been revised by Amendment Nos 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15, WHEREAS, it is now necessary to revise the Agreement to include Work Associated with Permit Drawing Changes for the Village Community Center, and Value Engineering Changes NOW, THEREFORE, in recognition of the good and valuable consideration provided by the covenants hereof between the parties, the Owner and the Construction Manager hereby covenant and agree to amend the Agreement to include work for the Permit Drawing Changes and Value Engineering Changes for the Village Community Center, and to identify its funding source, to identify the drawings, specifications and other documents upon which the GMP is based, and to otherwise revise the Agreement, as follows (1) Guaranteed Maximum Price — the Guaranteed Maximum Price (GMP) for construction of Project VKB-98069000, Village Community Center, Village Fire Station, Village Police Station, and Administrative Office of the Village, as defined m Article 7 1 of said Agreement shall be $22,788,915 59 (which includes the $355,318 00 GMP for the Work Associated with the Permit Drawing and Value Engineering Changes for the Village Community Center as listed below in items 2 a through 21 for the Village Community Center ) (2) Drawings and Other Supporting Documents - in addition to the drawings, specifications and other supporting documents identified in previous amendments (No 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15) to the Agreement, the Guaranteed Maximum Price (GMP) for construction of the Project, is based upon the following drawings and other supporting documents a Proposal #R -05C to the Village of Key Biscayne from James A Cummings, Inc , dated June 22, 2003, and in accordance with Robert G Curve Partnership ITC's No 01 (drawings dated 10/22/02), No 02 (drawings dated 01/27/03), No 03 (drawings dated 02/21/03), No 04 (drawings dated 02/27/03), No 05 (drawings dated 03/14/03), No 06 (drawings stamped received on 3/17/03), No 08 (noted as Revision #5, dated 3/31/03), which are attached hereto as Exhibit "A 1 " b Proposal #R -06C to the Village of Key Biscayne from James A Cummings, Inc , dated June 22, 2003, and in accordance with Robert G Cume Partnership ITC's No 01 (drawings dated 10/22/02), No 02 (drawings dated 01/27/03), No 03 (drawings dated 02/21/03), No 04 (drawings dated 02/27/03), No 05 (drawings dated 03/14/03), No 06 (drawings stamped received on 3/17/03), No 08 (noted as Revision #5, dated 3/31/03), which are attached hereto as Exhibit "A 2 " c Proposal #R -07C to the Village of Key Biscayne from James A Cummings, Inc , dated September 17, 2003, and in accordance with Robert G Currie Partnership ITC's No 01 (drawings dated 10/22/02), No 02 (drawings dated 01/27/03), No 03 (drawings dated 02/21/03), No 04 (drawings dated 02/27/03), No 05 (drawings dated 03/14/03), No 06 (drawings stamped received on 3/17/03), No 08 (noted as Revision #5, dated 3/31/03), which are attached hereto as Exhibit "A 3 " d Proposal #R -08C to the Village of Key Biscayne from James A Cummings, Inc , dated June 22, 2003, and in accordance with Robert G Cume Partnership ITC's No 01 (drawings dated 10/22/02), No 02 (drawings dated 01/27/03), No 03 (drawings dated 02/21/03), No 04 (drawings dated 02/27/03), No 05 _ (drawings dated 03/14/03), No 06 (drawings stamped received on 3/17/03), No 08 (noted as Revision #5, dated 3/31/03), which are attached hereto as Exhibit "A 4 " e Proposal #R -09C to the Village of Key Biscayne from James A Cummings, Inc , dated June 22, 2003, and in accordance with Robert G Cume Partnership ITC's No 01 (drawings dated 10/22/02), No 02 (drawings dated 01/27/03), No 03 (drawings dated 02/21/03), No 04 (drawings dated 02/27/03), No 05 (drawings dated 03/14/03), No 06 (drawings stamped received on 3/17/03), No 08 (noted as Revision #5, dated 3/31/03), which are attached hereto as Exhibit "A 5 " f Proposal #R -10C to the Village of Key Biscayne from James A Cummings, Inc , dated September 22, 2003, and in accordance with Robert G Currie Partnership ITC's No 01 (drawings dated 10/22/02), No 02 (drawings dated 01/27/03), No 03 (drawings dated 02/21/03), No 04 (drawings dated 02/27/03), No 05 (drawings dated 03/14/03), No 06 (drawings stamped received on 3/17/03), No 08 (noted as Revision #5, dated 3/31/03), which are attached hereto as Exhibit "A 6 " g Proposal #R -12C to the Village of Key Biscayne from James A Cummings, Inc , dated July 29, 2003, and in accordance with Robert G Cume Partnership ITC's No 01 (drawings dated 10/22/02), No 02 (drawings dated 01/27/03), No 03 (drawings dated 02/21/03), No 04 (drawings dated 02/27/03), No 05 (drawings dated 03/14/03), No 06 (drawings stamped received on 3/17/03), No 08 (noted as Revision #5, dated 3/31/03), which are attached hereto as Exhibit "A 7 " h Proposal #R -18C to the Village of Key Biscayne from James A Cummings, Inc , dated October 7, 2003, and in accordance with Robert G Currie Partnership ITC's No 01 (drawings dated 10/22/02), No 02 (drawings dated 01/27/03), No 03 (drawings dated 02/21/03), No 04 (drawings dated 02/27/03), No 05 (drawings dated 03/14/03), No 06 (drawings stamped received on 3/17/03), No 08 (noted as Revision #5, dated 3/31/03), which are attached hereto as Exhibit "A 8 " Proposal #R -19C to the Village of Key Biscayne from James A Cummings, Inc , dated October 14, 2003, and in accordance with Robert G Currie Partnership ITC's No 01 (drawings dated 10/22/02), No 02 (drawings dated 01/27/03), No 03 (drawings dated 02/21/03), No 04 (drawings dated 02/27/03), No 05 (drawings dated 03/14/03), No 06 (drawings stamped received on 3/17/03), No 08 (noted as Revision #5, dated 3/31/03), which are attached hereto as Exhibit "A 9 " J Proposal #VE-01C to the Village of Key Biscayne from James A Cummings, Inc , dated September 3, 2003, which are attached hereto as Exhibit "A 10 " k Proposal #VE-02C to the Village of Key Biscayne from James A Cummings, Inc , dated October 29, 2003, and in accordance with Robert G Currie Partnership RFI Nos C054 (dated 09/09/03) and C062 (dated 09/22/03), which are attached hereto as Exhibit "A 11 " 1 The revised Project Budget, which is attached hereto as Exhibit "B " Changes in Agreement - various changes are required to the exhibits and articles of the Agreement to reflect the amendments described herein It is agreed that the articles and exhibits of the Agreement shall be deemed to be amended, to provide the following a Establishment of the GMP for Work Associated with the Permit Drawing and Value Engineering Changes for the Village Community Center m the amount of $355,318 00, and establishment of the GMP for the Project of $22,788,915 59 (4) Effect On Agreement - except as provided above, the articles and exhibits of the Agreement which are not affected by the amendments provided for herein shall remain in full force and effect IN WITNESS WHEREOF, the parties have executed this Amendment the day and year first written above JAMES A CUMMINGS, INC Attest By /C�1r ,ta__ I(GuLc,t3 By A Corporate Secretary Pamela Kalis (print name) tale (pnnt name) age Clerk By illiam R Derrer, Corporate President James A Cummings, Inc VILLAGE OF KEY BISCAYNE N, Approved as to form . d 1- gal sufficiency By Village Att 103001\agreements\amendment cement between owner and construction manager (Corporate Seal) Manager EXHIBIT B OWNER S CONSTRUCTION BUDGET ITEM DESCRIPTION CONSTRUCTION BUDGET CONSTRUCTION MANAGERS PRECONSTRUCTION PHASE FEE $113 190 00 SUBTOTAL OWNERS TOTAL PRECONSTRUCTION PHASE FEE $113.190.00 VILLAGE FIRE RESCUE DEPARTMENT & ADMINISTRATION AND POLICE FACILITY CONSTRUCTION MANAGERS CONSTRUCTION PHASE FEE $527 392 00 CONSTRUCTION MANAGER S OVERHEAD & PROFIT $457 223 00 CONSTRUCTION BUDGET BALANCE $9 862 250 00 AMENDMENT NO 09 - OWNER REQUESTED CHANGES $232 893 00 AMENDMENT NO 15 - OWNER DESIGN CHANGES $182 318 00 SUBTOTAL CONSTRUCTION COSTS $11,262,076.00 ANTICIPATED OWNER SALES TAX SAVINGS ($159,266 00) SUBTOTAL $11.102.810.00 OWNERS CONTINGENCY $256 924 00 OWNERS GMP BUDGET FIRE RESCUE & ADMINISTRATION/POLICE 511.359.734.00 OWNERS CONSTRUCTION BUDGET FIRE RESCUE & ADMINISTRATION/POLICE WITH PRECONSTRUCTION FEE $ 11.472.924.00 VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK ELECTRICAL DUCT BANK & WATER MAIN CONSTRUCTION MANAGERS CONSTRUCTION PHASE FEE $119 226 00 CONSTRUCTION MANAGERS OVERHEAD & PROFIT $34 521 00 CONSTRUCTION BUDGET BALANCE $647 913 00 OWNER S CONSTRUCTION BUDGET VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK ELECTRICAL DUCT BANK AND WATER MAIN $801.660.00 VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK PHASES 1, 2, 3.4, 5 & 6 (INCLUDING SCHOOL FF SANITARY FORCE MAIN) CONSTRUCTION MANAGERS CONSTRUCTION PHASE FEE $62 630 00 CONSTRUCTION MANAGER S OVERHEAD & PROFIT $84 541 00 AMENDMENT NO 15 OWNER DESIGN CHANGES $104 549 00 CONSTRUCTION BUDGET BALANCE $1 842 045 00 OWNER S CONSTRUCTION BUDGET VILLAGE CIVIC CENTER SITE INFRASTRUCTURE WORK 12-09...11.651/4 VILLAGE COMMUNITY CENTER (RECREATION CENTER) CONSTRUCTION MANAGERS CONSTRUCTION PHASE FEE $771 920 00 CONSTRUCTION MANAGER S OVERHEAD & PROFIT $428 698 00 EXHIBIT B OWNER S CONSTRUCTION BUDGET AMENDMENT NO 16 PERMIT DRAWING CHANGES CONSTRUCTION BUDGET BALANCE OWNERS CONSTRUCTION BUDGET VILLAGE COMMUNITY CENTER OWNER CHANGE ORDERS OWNER CHANGE ORDER NO 1 OWNER CHANGE ORDER NO 2 OWNER CHANGE ORDER NO 3 TOTAL OWNER CHANGE ORDERS OWNERS TOTAL CONSTRUCTION BUDGET (ALL PHASES) AMENDMENT NO 07 VILLAGE HALL GENERATOR BUILDING (NOT INCLUDED IN GMP) OWNER S TOTAL CONTRACT BUDGET $355 31800 $9 123 832 00 110.679.768.00 ($1 140 899 62) ($1 118 301 79) (S2 259 20L411 $22 788 915 59 $72 760 00 $22,861,675 59' RESOLUTION NO 2004-11 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE VILLAGE OF KEY BISCAYNE CONCERNING CONTINUED PROVISION BY COUNTY OF EXTENDED OPERATING HOURS AT THE KEY BISCAYNE BRANCH LIBRARY, PROVIDING FOR VILLAGE TO FURNISH LANDSCAPING MAINTENANCE SERVICES AT THE KEY BISCAYNE BRANCH LIBRARY TO THE COUNTY IN EXCHANGE FOR THE COUNTY'S CONTINUED PROVISION OF EXTENDED HOURS OF LIBRARY SERVICE, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the attached Interlocal Agreement between Miami -Dade County (the "County") and the Village of Key Biscayne (the "Village") provides for the County to continue to provide extended hours of operation at the Key Biscayne Branch Library for the benefit of the Village and its residents in exchange for the Village providing landscape maintenance services at the Key Biscayne Branch Library for the benefit of the County 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 Interlocal Agreement Approved That the Interlocal Agreement, in substantially the form attached hereto, between the County and the Village, is hereby approved and the Village Manager is authonzed to execute the Interlocal Agreement, on behalf of the Village, once approved as to legal form and sufficiency by the Village Attorney Section 3 Effective Date That this resolution shall take effect immediately upon adoption hereof PASSED AND ADOPTED this 9th day of March , 2004 AT Alaw tdA, MAYOR ROBERT OLDAKOWSKI CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGALSUFFICIEN V AGE A TTO F /103 001/Resolution/Approving Interlocal Agreement Re Key Biscayne Branch Library 2 RESOLUTION NO 2004-12 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR SCHEDULE OF FEES FOR USE OF THE VILLAGE'S COMMUNITY CENTER, PROVIDING FOR RELATED MATTERS, PROVIDING FOR EFFECTIVE DATE WHEREAS, the Village Council has previously adopted Village Code Section 2-71, as an enabling Ordinance which provides a mechanism for the establishment of membership fees and other fees for the use of the Village's Community Center by Village Council Resolution, and WHEREAS, the Village's Community Center Advisory Board has recommended a fee schedule for the Community Center, and WHEREAS, the Village Council desires to provide the fee schedule for use of the Community Center as specified herein 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 Fee Schedule (a) General Fees for Use of Community Center That the daily, monthly or annual membership fees for use of the Community Center, for each category of user indicated, are as follows Daily Category Resident Guest Monthly Annual Adults $8 00 $12 00 $50 00 $275 00 Youth (18 & Under) $5 00 $8 00 $20 00 $125 00 Senior (65 +) $6 00 $9 00 $30 00 $200 00 & Student (25 & Under) Couple N/A $70 00 $350 00 Sr Couple N/A $50 00 $300 00 Family N/A $100 00 $475 00 (b) Fees for Special Classes Fees for special classes shall be established by the Village Manager depending upon the service provider contract entered into between the Village and the instructor for the class A schedule of fees for classes shall be filed in the Office of the Village Clerk and will be available at the Community Center (c) Waiver of Fees The Village Manager shall be authonzed to waive or defer fees for the use of the Community Center for those residents who are subject to an economic hardship Section 3 Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 9th day of March, 2004 7(z tdA44-1 L____ MAYOR ROBERT OLDAKOWSKI AT1 FST ilady CONCHITA H ALVAREZ, CMC, VILLAGE CLE APPROVED AS � FORM AND LEGAL SUFFICIENC \� VILLAGE T EY 103 001/Resolutions/Fee Schedule for Related Matters 3 2 04 2 RESOLUTION NO 2004-13 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPOINTING MEMBERS TO THE CRANDON BOULEVARD MASTER PLAN IMPLEMENTATION COMMITTEE, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village Council has adopted the Crandon Boulevard Streetscape Master Plan (the "Master Plan"), and WHEREAS, the Master Plan included a recommendation for the creation of a Crandon Boulevard Master Plan Implementation Committee (the "Committee") to serve as an advisory board of the Village and to provide recommendations to the Village Manager and Village Council in order to achieve full implementation of the Master Plan, and WHEREAS, the Village Council has adopted Ordinance No 2004-5, which created the Committee, and WHEREAS, in accordance with the procedures established by Ordinance No 2004-5, it is now necessary for the Village Council to approve the Mayor's appointment of the members of the Committee after consideration of any nominations made by the members of the Village Council 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 Appointments Made That the following individuals are hereby appointed to serve on the Committee Dr Henny Groschel-Becker, Karen Llorente, Steve Liedman, Matthias Kammerer, Andrew Lemke, Shayna Lopate, Bill Cole Section 3 Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 23rd day of March, 2004 A-(51(-eadi, MAYOR ROBERT OLDAKOWSKI CONCHITA H ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFICIE VILLAGl'ATTORNEY 103 001 /Resolutions/Appointing members to the Crandon Blvd Master Plan 3 11 04 2 RESOLUTION NO 2004-14 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE WITH POST BUCKLEY SCHUH & JERNIGAN, INC FOR THE PREPARATION OF AN ENVIRONMENTAL INFORMATION DOCUMENT FOR THE VILLAGE OF KEY BISCAYNE SANITARY SEWER PROJECT, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village of Key Biscayne was placed on the Federal Omnibus Bill which allocates $1,000,000 in federal funds for the Village of Key Biscayne Sanitary Sewer Project, and WHEREAS, the Village of Key Biscayne must provide an Environmental Information Document (ED) to the Environmental Protection Agency in order to receive the $1,000,000 allocation NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE AS FOLLOWS Section 1 That the Village Manager is hereby authonzed to execute the attached Agreement, on behalf of the Village, with Post Buckley Schuh & Jernigan, Inc Section 2 Post Buckley Schuh & Jernigan will provide professional services for the preparation of an Environmental Information Document (ED) for the Village of Key Biscayne Sanitary Sewer Project in accordance with the Environmental Protection Agency's (EPA) requirements Section 3 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 23rd day of March , 2004 /W(bttt4 ,-.:_ MAYOR ROBERT OLDAKOWSKI AT 401c/i/ie, CONCHITA H ALVAREZ, CMC, VILLAGE CL APPROVED AS TO FORM AND LEGAL SUFFI VILLAGE ATTORNEY MAY 04 2d04 12 52PM HP LASERJET 3200 P.2 VILLAGE OF KEY BISCAYNE AGREEMENT FOR SERVICES THIS AGREEMENT, made and entered into on the 2' day of , 2004 by and between the Village of Key Biscayne, Dade County, Flonda, party of the first (here rafter called "Village"), and Post Buckley Schuh & Jernigan, Inc. , party of the second part (Hereinafter called "Contractor"), RECITALS The VILLAGE wants to engage the CONTRACTOR to perform certain services as described in accordance with paragraph 1, scope of services to this Agreement ("Specified Services") The CONTRACTOR wants to provide such Specified Services in connection with professional services for the preparation of an Environmental Information Document (EID) for the Village's sanitary sewer project m accordance with the Environmental Protection Agency's (EPA) requirements In consideration of the mutual covenants in this Agreement, the parties agree as follows 1 SCOPE OF SERVICES A The CONTRACTOR agrees, as directed by the Village Manager, to perform the following services Post Buckley Schuh & Jernigan will provide the following services for the Village of Key Biscayne as described in "Exhibit A" attached hereto 2 FEES FOR SERVICES The CONTRACTOR agrees to charge the VILLAGE for performance of the Specified Services provided in accordance in "Exhibit A" in an amount not to exceed $14,500 3 TERM The term of this agreement is 1 year unless terminated pursuant to paragraph 7 or extended pursuant to paragraph 9 4 GENERAL TERMS AND CONDITIONS The VILLAGE reserves the right to amend the scope of services with appropriate adjustments to the contract price 1 MAY 04 2004 12:52PM HP LASERJET 3200 p.3 5 ASSI}LAMENT This Agreement shall not be assignable by the CONTRACTOR. 6 PROHIBITION AGAINST CONTINGENT FEES The CONTRACTOR, warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for the CONTRACTOR, 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 CONTRACTOR any fee, commission, percentage, gift, or any other consideration, contingent 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 maybe wed by the CONTRACTOR upon 45 days' written notice with or without cause If this Agreement is terminated, the CONTRACTOR 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 J QNEXCLUSIVE AGREEMENT The services to be provided by the CONTRACTOR pursuant to this Agreement shill be nonexclusive and nothing herein shall preclude the VILLAGE engaging other firms to pitibint the same or similar services for the benefit of the VILLAGE within the VILLAGE'S sole aniabsokite discretion. 9 ENTIR4 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 pasties. 10 WARRANTIES OF CONTRACTOR The CONTRACTOR hereby warrants and represents that all tunes 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 CONTRACTOR shall furnish proof that it has Worker's Compensation Insurance as required by Chapter 444, Florida Statutes and liability insurance in the amount of one million dollars, single limit, for bodily injury and property damage, in a form required by the Village's Risk Management office, with the Village named as additional insured on such liability insurance policy 2 ,.MAY Q4 2004 12:52PM HP LASERJET 3200 p.4 11 ATTORNEY'S FEES In connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. This provision shall exclude all litigation resolved by agreement of the parties 12 NOTICES, All notices and communications to the VILLAGE or CONTRACTOR shall be in wntmg 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 Jacqueline R. Menendez Village Manager 88 West McIntyre Street Key Biscayne, Florida 33149 With a copy to Village Attorney Weiss Scrota & Helfimin Pastonza & Guedes, P.A. 2665 South Bayshore Drive Suite 420 Miami, Florida 33133 Contractor Conchtta H. Alvarez Village Clerk 88 West McIntyre Street Key Biscayne, Florida 33149 Post Buckley Schuh & Jernigan, Inc 2001 N W 107th Avenue Miami, FL 33172 3 ,MAY 04 2004 12:52PM HP LASERJET 3200 p.5 13 OOVVRNING lAW This Agreement shall be construed in accordance with the laws of the State of Florida. 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. CONTRACTOR Post Buckley Schuh & Jernigan, Inc 2001 N.W 107" Avenue Miami, FL 33172 Attest 4 VILLAGE Village of Key Biscayne 88 West McIntyre Street Key Biscayne, Florida 33149 ueline IL Megadez Manag age Clerk Jr� Exhibit A Scope of Services PBuy An employee -owned company Transmitted Via US Mad/Facstmrle March 12, 2004 Ms Jacqueline Menendez Village Manager Village of Key Biscayne 85 West McIntyre Street, Suite 201 Key Biscayne, FL 33149 RE File Key Biscayne Sanitary Sewer System Environmental Information Document Proposal 01-0640 00 #1 Dear Ms Menendez As per your request we are submitting our scope and fee proposal to provide Professional Services for the preparation of an Environmental Information Document (EID) for the Village's sanitary sewer system project in accordance with the Environmental Protection Agency's (EPA) requirements The EID will in general and as applicable, follow the attached outline It should be noted that some of the information will need to be supplied to PBS&J by the Village Specifically for example, funding status and public participation activities as described in Sections A and G of the attached outline, respectively Deliverables Draft EID Final EID Schedule and Budget Schedule 5 Copies 15 Copies PBS&J is proposing the following schedule for this project 2001 Northwest 107th Avenue Miami Florida 33172 2507 • Telephone (305) 592-7275 • www pbsj corn Ms Jacqueline Menendez Village of Key Biscayne Page 2 March 12 2004 Task Description Approximate Duration- - Draft EID 4 weeks Final Ell) 2 weeks Total (Not including City and Agency Review time) 6 weeks Budget PBS&J is proposing a lump sum fee of $14,500 to complete the work as described herein Exceptions • PBS&J anticipates holding three meetings with the Village and/or permitting agencies through the duration of the project Meetings called by the Village and/or permitting agencies in excess of the number specified above are not included in this proposal • Any application or review fees associated with the EID and/or permits • Public Hearings • Copies of deliverables in excess of the number specified above We appreciate the opportunity to submit this proposal, and look forward to once again working with the Village on this project If you have any questions, please call me at (305) 514-3218 Sincerely, PBS&J 4.-----2< Patricia A Carney, P E Program Manager Water I Wastewater Program PAC/,erg K 1Env\Wm\KEYBISOeidlproposal doc Environmental Information Document Instructions For Wastewater and Drinking Water Projects The Nati.onalEmaronmental Policy Act (NFPA) applies to the special sppropnatinns projects (SPAPs) The NEPA regulations that apply to the SPAPs are the Council of Environmental Quality's implementing regulations at 40 CFR Parts 1500-1508 and EPA's NEPA regulations at 40 CRF Part 6, Subparts A through D In January 1995, EPA issued two memorandums describing how the NEPA requirements and the intergovernmental review regulations at 40 CFR Part 29 apply to special appropnations projects that were authorized in fiscal year (FY) 1995 The requirements found in those memorandums also apply to the SPAPs authorized by the EPA Appropriations Acts for FY 1996 through FY 2002 EPA reviews all SPAPs to assure compliance with NEPA and other environmental laws and regulations, such as the Endangered Species Act For all projects that are not eligible for a Categorical Exclusion (CE), each grantee must complete an Environmental Information Document (EID) A suggested outline with descriptions is provided below An EID describes and evaluates the environmental impacts of the feasible alternatives, including the 'No Action' alternative The scope of the EID should be commensurate with the size and significance of the proposed project Prior to preparation of the EID, the applicant should obtain concurrence for the proposed project from the crosscutters, such as the State's Historical Commission, the US Fish and Wildlife Service, the US Army Corps of Engineers (wetlands, Section 404 permits, dredge and fill, structures placed in navigable waterways) The EPA reviews the EID and makes a determination as to the environmental affects of the proposed project If the project is found to have no significant effect, then EPA documents their findings with the preparation of an Environmental Assessment (EA) and issues a Finding of No Significant Impact (FNSI) for a 30 -day comment period Completion of the 30 -day comment period without significant adverse opposition will complete the environmental review process If the EPA cannot support a FNSI, the applicant will be required to take part in an Environmental Impact Statement Public participation should be included in the project planning process culminating in a public meeting or hearing that presents the proposed project to the public and includes discussion of both environmental and financial impacts A record of the public meeting/heanng and proof of advertising should be included in the EID Revised 10/017/02 1 of 7 EPA Region 4 Environmental Information Document (EID) Outline for Wastewater and Drinking Water Projects A. Proposed Project and Fundmg Status This section should include a description of the project, the need for the project, and the cost of the project The project description should include the project name, owner and operator of the facilities, location of the facilities, and the planning area description List all facilities and actions proposed by the facilities plan/engineering report Functionally separate major components should be listed as separate items For example, a treatment plant is an item, an interceptor line is an item, a new pump station is an item, etc Sewer rehabilitation is an example of an "action " The need for the facility should be briefly stated, such as to solve a water quality or water quantity problem, to solve a public health concern, to correct inadequate systems or system components, to increase treatment due to more stringent effluent limits, or for some other reason If the effluent limits have changed, include the existing effluent limits and the proposed limits More information for the need for the project will be presented in section D Relevant design parameters should include a description of major unit processes, flow diagram, sewer/water pipe lengths, sizes, and locations, and basic design criteria Include maps and figures no larger than 8 5 X 11 inches Include a copy of a United States Geological Survey (USGS) 7 5" topographical map showing the existing and proposed facilities associated with the project and the overall project area The location of major project components should be clearly identified, such as treatment works, sewers, water lines, pump station, storage facilities, etc Project costs should include proposed total project costs and all funding sources for the entire project B Existing Environment This section should describe aspects of the natural environment of the planning area that affected the alternative selection process or could be affected by implementing the plan For example, for surface water discharge, it is not necessary to describe soil conditions in detail, however, any selected alternative using soil for treatment (septic tanks, spray irrigation, overland flow), should include a thorough description of soil conditions A description of surface waters and their quality is needed in every case, along with any Revised 10/017/02 2 of 7 EPA Region 4 public health problems due to water quality The classification of the surface waters should be stated, and a statement made to indicate if the waters are meeting the required water quality standards for that classification Water quality sampling data can be presented, if available There should be a qualitative statement at a minimum.. If the project impacts groundwater quality or quantity, a discussion of the existing groundwater quality should be included For example, if ground water quality is being degraded by existing wastewater disposal methods and the proposed project will reduce or eliminate that impairment, a discussion of that issue should be included The basis of establishing the groundwater impairment should also be discussed, including ground water sampling or other data sources This information may also be given in Section D, Need for Proposed Facilities Describe briefly any special or sensitive environmental areas such as wetlands, air quality non -attainment areas, endangered or threatened species, prime or unique agricultural lands, areas of recognized scenic, recreational, archeological or lustonc value, valuable floral or faunal communities, wild or scenic rivers, drinking water (surface or groundwater) sources, floodplains, recreational or commercial uses of potential receiving streams, and parkland or other public lands Include environmental justice information In preparing the EID, the grantee must identify any minority populations and low-income populations which exist within the overall planning area or which may otherwise be impacted by the project (e g downstream or downwind communities) Native American communities, including their traditional resource areas are included If these areas would be affected by an alternative under consideration, more detail should be provided For those special environments not found in the planning area, make a statement such as "No wetlands, wildlife preserves, prime agricultural lands, or other environments of special interest are located where they could be impacted by implementation of the recommended facilities " C. Existmg Wastewater Facilities/Drinking Water System This section should begin with a general description of the wastewater collection and treatment system for the planning area for both wastewater and drinking water projects Describe existing collection, transport, treatment and sludge facilities The service area(s) of these facilities should be descnbed briefly and shown on an attached figure Mention the condition of the facilities, especially as it affects alternative selection For existing treatment plants, state 1) onginal design capacity and effluent limits, 2) existing permit limits, and 3) actual performance over a recent period For wastewater projects, include wastewater flows (average, peak, and wet weather), influent characteristics, major industrial users, and infiltration and inflow Sewered and unsewered Revised 10/017/02 3 of 7 EPA Region 4 areas should be mentioned and shown on the figure Where septic tanks are prevalent in all or part of the service planning area, their performance should be described Explain any problems It is not sufficient merely to state that malfunctioning septic tanks are causing, aproblem. Some documentatiorof the problem should be cited, and details given about the location and seventy of the problems. For drinking water projects, include a description of the existing treatment and distribution system, water demand (average and peak), surface water sources including intake locations and permitted and actual withdrawal, groundwater sources, location of wells and well fields, water storage, raw water characteristics, residual and backwash disposal and the service area Include existing system performance for all facilities D. Need for Proposed Facilities and Actions This section should provide a summary of the need for wastewater or water facilities or actions, emphasizing existing public health or water quality problems These problems typically include water quality violations or problems, documented public health hazards, National Pollutant Discharge Elimination System (NPDES) permit non-compliance, existing facility overload, insufficient capacity for projected demand, failing on -site systems, insufficient pressure, etc For wastewater projects effluent limits are to be stated, and their derivation explained Describe different limits for different potential receiving streams If sewer rehabilitation is a proposed action, it should be justified by a brief quantitative summary of the inflow/infiltration (I/I) problem Location of the severe I/I areas should be stated and shown on a figure if needed to identify significant project tasks Other special situations may justify proposed facilities Include the planning period for the project The planning period should justify the capacity of the system with its projected population Population projections should be based on U S Census projections or some recognized source of demographic data Existing and projected flows should be presented Include land use projections, and the future environment without the project E Alternative Analysis All alternatives analyzed should be described The development of alternatives should include the no -action alternative (the environment without the project), optimum utilization of existing facilities including flow reduction and water conservation, and new construction alternatives Revised 10/017/02 4 of 7 EPA Region 4 An explanation should be given for rejecting or selecting alternatives The explanation should include present worth or equivalent annual cost comparisons, reliability of the alternatives, complexity of the alternatives,_sigmficant environmental effects, and legal or___ institutional constraints. F. Environmental Consequences; Mitigative Measures Identify which reasonable alternative has been selected, and state the reasons why this alternative has been chosen Describe and document the environmental effects of the selected alternative on each of the different environmental aspects hsted in this section Address the direct, indirect, and cumulative effects for each aspect Direct effects are changes directly related to the project activity Indirect effects are changes that occur later in time or are removed in distance which are reasonable foreseeable, such as community growth, population density, land use, and natural environment Cumulative effects are the total changes to the environment resulting from the effect of the selected alternative when added to the effect of other past, present, or reasonable foreseeable future actions Discuss any mitigation measures necessary to avoid or minimize any adverse impact One important secondary impact of a project could be the development/growth that would be encouraged or enabled by the construction of the project The impact of that growth must be addressed, including potable water demands, wastewater produced, land use changes, impact on natural areas or wildlife, and other such concerns This section should describe anticipated impacts on the environment and measures proposed to mitigate those adverse impacts Discuss recommendations from the crosscutting agencies that implement environmental laws and include agency approval/sign-off letters in an appendix to the EID For each of the laws that is not applicable, provide a comment stating that the law is not applicable Environmental laws that must be considered include Archeological and Historic Preservation Act of 1974, Pub L 86-523, as amended, Coordinate with the State Historic Preservation Officer Clean Air Act, Pub L 84-159, as amended, Address any impacts on air quality If construction activities will generate dust emissions that need to be controlled, indicate what methods will be used to minimum these emissions Address any potential sources of odor emissions that Revised 10/017/02 5 of 7 EPA Region 4 may be generated or eliminated through the implementation of the project Coastal Barrier Resources Act, Pub L 97-348, Determine if the project is located on a coastal barrier island If so, coordinate __ with the State Coastal2one Management. Agency,. -- Coastal Zone Management Act, Pub L 92-583, as amended, Determine whether the project is located in a coastal zone management area If so, obtain comments from the Coastal Zone Management Program Endangered Species Act, Pub L 93-205, as amended, Identify any federally endangered and/or federally protected species within the project area through coordination with the U S Fish and Wildlife Service Environmental Justice, Executive Order 12898, See Environmental Justice information in Section 19 of the SPAPs workbook Floodplam Management, Executive Order (EO) 11988 as amended by EO 12148, Coordinate with Federal Emergency Management Agency (FEMA) if any part of the project is located in a floodplam Protection of Wetlands, Executive Order 11990, Coordinate with United States Army Corps of Engineers if wetlands will be impacted by the project Farmland Protection Pohcy Act, Pub L 97-98, Coordinate with the Natural Resource Conservation Service (NRCS) to protect significant/important agricultural land from irreversible conversion to uses which result in its loss as an environmental or essential food production resource National Historic Preservation Act of 1966, PL 89-665, as amended, Coordinate with the State Historic Preservation Officer Fish and Wildlife Coordination Act, Pub L 85-665, as amended, Coordinate with the US Fish and Wildlife Service Safe Drinking Water Act, Pub L 93-523, as amended, Identify if the project will affect sole source aquifers If so, contact your Region 4 project officer Wild and Scenic Rivers Act, Pub L 90-542, as amended, Determine whether the project will have any effects on any river in the National Wild and Scenic Rivers system, the "Nationwide Rivers Inventory," or an American Heritage River If the project is located within one mile of one of these designated streams, contact the National Park Service and the department Revised 10/017/02 6 of 7 EPA Region 4 of Conservation and National Resources for comments Most environmental impacts to be considered are the features described in Section B, Existing Environment (above) There may also be direct or indirect impacts on land use practices, neighborhood stability, air quality and noise leYels� Any_s_uchimpac s should be described. It is not necessary to discuss special environmental areas (wetlands, etc ) that have been identified in Section B, Existing Environment, as not found in the project area On the other hand, if any special environments are mentioned in Section B and are located in the project area, something must be said in this section about impacts of the project(s) on them All structural and nonstructural mitigative measures should be described If the usual minimizing of erosion during construction is the only expected mitigative measure, this can be mentioned in one short sentence Detailed description is needed only for more unusual mitigative measures that respond to some public or regulatory agency concern over a perceived threat to the environment or public health Include a discussion of necessary permits (NPDES, 404, etc ) issued or needed, as well as necessary inter -municipal agreements executed or pending G. Public -Participation; Sources Consulted Summarize all public participation, including meetings and public hearings, noting any public objections EPA Region 4 has identified minimum requirements for the public participation process in SPAPs grants A description of these requirements can be found in Section 20 of the SPAPs Grant Procedures Workbook For complex or controversial projects, a public hearing may be required In addition, if there has been significant public objection based on an environmental concern, an Environmental Impact Statement may be necessary Include documentation of the necessary public meeting, including the public meeting date, public meeting transcripts, audiotape or video, and proof of publication of the notice of the meeting in the local newspaper Although not required, we recommend presenting to the public the typical residential user charge estimated to result from implementation of the plan List all sources consulted for information and/or concurrence The State Clearinghouse, for those states that have clearinghouses, should always be one of the entities consulted If any comments have been offered opposing any aspect of the plan, explain how those comments have been resolved Revised 10/017/02 7 of 7 EPA Region 4 RESOLUTION NO 2004-15 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING AND APPROVING PROFESSIONAL SERVICES AGREEMENT BETWEEN STAR HUMAN RESOURCES GROUP (THE "CONSULTANT") AND THE VILLAGE OF KEY BISCAYNE TO PROVIDE FOR PROFESSIONAL PERSONNEL CONSULTING SERVICES, PROVIDING FOR IMPLEMENTATION, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village Manager has recommended that the Village retain the professional services of Star Human Resources Group (the "Consultant") to provide certain personnel consulting services for the Village, and WHEREAS, the Village Council finds that approval of the Professional Services Agreement between Consultant and the Village 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 Agreement Approved. That the Professional Services Agreement, in substantially the form attached hereto, between Star Human Resources Group and the Village is hereby approved and the Village Manager is authonzed to execute the Agreement, once the Agreement has been approved by the Village Attorney as to form and legal sufficiency Section 3. Implementation That the Village Manager is hereby authonzed to take any necessary action 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 23rd day of March , 2004 4t2t L/1,t4 L- MAYOR ROBERT OLDAKOWSKI CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIEN VILLAGE ATTORNEY 103 001/Resolutions/professional services agreement with Star Human Resources Group 3 16 04 2 RESOLUTION NO 2004-15 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING AND APPROVING PROFESSIONAL SERVICES AGREEMENT BETWEEN STAR HUMAN RESOURCES GROUP (THE "CONSULTANT") AND THE VILLAGE OF KEY BISCAYNE TO PROVIDE FOR PROFESSIONAL PERSONNEL CONSULTING SERVICES, PROVIDING FOR IMPLEMENTATION, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village Manager has recommended that the Village retam the professional services of Star Human Resources Group (the "Consultant") to provide certain personnel consulting services for the Village, and WHEREAS, the Village Council finds that approval of the Professional Services Agreement between Consultant and the Village 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 Agreement Approved. That the Professional Services Agreement, in substantially the form attached hereto, between Star Human Resources Group and the Village is hereby approved and the Village Manager is authonzed to execute the Agreement, once the Agreement has been approved by the Village Attorney as to form and legal sufficiency Section 3. Implementation That the Village Manager is hereby authonzed to take any necessary action 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 23rd day of March , 2004 4't7e&%i L---% MAYOR ROBERT OLDAKOWSKI AT 0/(V CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIEN T Lit -IA VILLAGE ATTORNEY 103 001/Resolutions/professional services agreement with Star Human Resources Group 3 16 04 2 VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 02eYolday of March, 2004, by and between the VILLAGE OF KEY BISCAYNE (the "VILLAGE") and STAR HUMAN RESOURCES GROUP (the "CONSULTANT") RECITALS The VILLAGE wants to engage the CONSULTANT to perform certain professional personnel services as specifically described in the proposal which is 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 The CONSULTANT agrees to provide the Specified Services upon written request from the Village Manager 2 FEES FOR SERVICES The CONSULTANT agrees to charge the VILLAGE for the Specified Services which are provided by CONSULTANT, in accordance with the fee schedule set forth in Exhibit "A", for a total fee of Twenty Five Thousand ($25,000 00) Dollars 3 TERM The duration of the term of this Agreement is 120 days unless extended by the Village Manager or earlier terminated pursuant to paragraph 8 4 RECORDS All original details, reports, 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 Unless revised in writing by the Village Manager, the CONSULTANT shall at all times carry professional liability insurance, worker's compensation insurance (if applicable) and automotive liability insurance, each with minimum policy limits m the amount of Three Hundred Thousand ($300,000 00) Dollars per occurrence, single limit for bodily injury and property damage combined, except that the amount of worker's compensation insurance, if applicable, shall be as provided by law The Village shall be named as an additional insured on all of the above insurance policies to the extent authorized by law Each insurance policy shall state that it is not cancelable without wntten notice to the VILLAGE 30 days prior to the effective date of said cancellation 6 ASSIGNMENT .0111, 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 2 award or making of this Agreement 8 TERMINATION This Agreement may be terminated by the VILLAGE upon twenty days written notice with or without cause and by the CONSULTANT upon 45 days written notice with or without cause If this Agreement is ternunated, the CONSULTANT shall be paid in accordance with the provisions of Exhibit "A" and Paragraph 2 above, for all acceptable work performed up to the date of termination, and any unearned fees which have been advanced by VILLAGE shall be refunded upon demand by Village 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 A. 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 12 NOTICES All notices and communications to the VILLAGE or CONSULTANT shall be in venting 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 Jacqueline Menendez Village Manager Village of Key Biscayne 88 West McIntyre Street Key Biscayne, FL 33149 With a copy to Consultant Village Attorney Weiss Serota Helfman Pastonza Guedes Cole & Bomske, P A 2665 South Bayshore Dnve Suite 420 Miami, Flonda 33133 Star Human Resources Group 900 Wren Avenue Miami Spnngs, Flonda 33166 13 GOVERNING LAW This Agreement shall be construed in accordance with the laws of the State of Flonda 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 STAR HUMAN RESOURCES GROUP 900 Wren Avenue Miami Springs, FL 33166 By ( 27, _-__-_, Susan L Stinson 40 VILLAGE VILLAGE OF KEY BISCAYNE 88 West McIntyre Street Key Biscayne, FL 33149 Vi age A ey Village Clerk proved as to Legal Sufficiency F \100\103001\Agreements\Professional Services With Star Human Resources Group 3 1604 ADDENDUM TO VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES In accordance with Paragraph 5 of the above Agreement for Professional Services by and between the Village of Key Biscayne and Star Human Resources Group, dealing with Insurance provisions, it is hereby agreed as follows In light of the nature of the work involved under this Agreement, the insurance requirement is hereby waived VILLAGE OF KEY BISCAYNE RESOLUTION NO 2004-16 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING THE VILLAGE OF KEY BISCAYNE CIVIC CENTER PROJECT, AUTHORIZING CONSTRUCTION EXPENSE ITEMS DESCRIBED HEREIN, AUTHORIZING AMENDMENT NO 17 TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER CONCERNING MATTERS DESCRIBED THEREIN, PROVIDING FOR EFFECTIVE DATE WHEREAS, pursuant to Section 3 07(b) of the Village Charter, the Village Council desires to authorize the expenditure of Village funds for additional construction items for the Village's Civic Center Project (the "Project") as described in the Village Manager's Memorandum, marked as Exhibit "A" and attached hereto, and WHEREAS, it is necessary to amend the Agreement between the Village and Construction Manager to implement expenditures for the work authorized herein, and WHEREAS, the Village Council finds that it is in the best interest of the Village to proceed as indicated in this resolution NOW, THEREFORE, BE IT 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 Work Authorized, Specification Of Funds A That the construction activities for the matters descnbed in Amendment No 17 and in Exhibit "A", attached hereto, are each hereby approved and authonzed B That the fund amount and source for the work items are hereby authorized and approved as described in Exhibit "A " Section 3 Amendment To Agreement Approved. That Amendment No 17 to the Agreement between Village and Construction Manager, in substantially the form attached hereto, is hereby approved and the Village Manager and Village Clerk are hereby authorized, in their respective capacities, to execute the Amendment to Agreement on behalf of the Village, once approved as to legal form and sufficiency by the Village Attorney Section 4 Implementation That the Village Manager is hereby authonzed to take any and all action necessary to implement the purposes of this resolution and the Amendment to Agreement Section 5 Effective Date That this resolution shall become effective upon its adoption PASSED AND ADOPTED this 13th day of April, 2004 /10 6te-ccti, ( ,L,, MAYOR ROBERT OLDAKOWSKI CONCHITA H AI VAREZ, CMC, VILLAGE APPROVED AS TO ' ORM AND LEGAL SUFFI VILLAGE A TO F \103001 \Resolutions\authon7in, construction expense item No 17 3 31 04 2 AMENDMENT TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER PROJECT NO PROJECT NAME AND LOCATION AMENDMENT NUMBER VKB-98069000 Village Community Center (Recreation Center) Village Fire Station, Police Station, and Administrative Office of the Village of Key Biscayne, Florida (the "Project") #17 (Unforeseen Conditions and Owner Modifications at the Village Community Center ) THIS AMENDMENT made this 17th Day of February m the year Two Thousand and Four By and between the Village of Key Biscayne, Florida, a Florida municipality, (the "Owner") and James A Cummings, Inc a Flonda Corporation 3575 Northwest 53rd Street Ft Lauderdale, FL 33309 Phone (954) 733-4211, Fax (954) 485-9688, Federal Tax I D Number 59-2098732, (the "Construction Manager") WHEREAS, the Owner (as a direct signatory and through its former agent, the Department of Management Services of the State of Florida (the "DMS")) has previously entered into the Agreement between the Owner and Construction Manager, and WHEREAS, the Agreement has previously been revised by Amendment Nos 1, 2, 3, 4, 5, 6, 7, 8,9, 10,11, 12, 13, 14, 15 and 16, WHEREAS, it is now necessary to revise the Agreement to include Work Associated with Unforeseen Conditions and Owner Modifications at the Village Community Center, include Owner Change Order No 3 for the Village Fire Station, Police and Administration and Community Center Buildings NOW, THEREFORE, in recognition of the good and valuable consideration provided by the covenants hereof between the parties, the Owner and the Construction Manager hereby covenant and agree to amend the Agreement to include, Work for Unforeseen Conditions and Owner Modifications at the Village Community Center, include Owner Change Order No 3 for the Village Fire Station, Police and Administration and Community Center Buildings, and to identify its funding source, to identify the drawings, specifications and other documents upon which the GMP is based, and to otherwise revise the Agreement, as follows (1) Guaranteed Maximum Price - the Guaranteed Maximum Price (GMP) for construction of Project VKB-98069000, Village Community Center, Village Fire Station, Village Police Station, and Administrative Office of the Village, as defined in Article 7 1 of said Agreement shall be $22,941,342 59 (which includes the $118,064 00 GMP for the Work Associated with Unforeseen Conditions and Owner Modifications at the Village Fire Station, Police and Administration and Community Center Buildings as listed below in items 2 a through 2 e for the Village Community Center ) (2) Drawings and Other Supporting Documents - in addition to the drawings, specifications and other supporting documents identified in previous amendments (No 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16) to the Agreement, the Guaranteed Maximum Price (GMP) for construction of the Project, is based upon the following drawings and other supporting documents a Proposal #R -11C to the Village of Key Biscayne from James A Cummings, Inc , dated July 17, 2003, in the amount of $11,221 00 and in accordance with Proposal Approval by the Village of Key Biscayne dated July 24, 2003, which are attached hereto as Exhibit "A 1 " b Proposal #R -14C to the Village of Key Biscayne from James A Cummings, Inc , dated October 29, 2003, in the amount of $9,394 00 and in accordance with Robert G Curve Partnership response to RFI #C094 dated October 23, 2003, which are attached hereto as Exhibit "A 2 " c Proposal #R -16C to the Village of Key Biscayne from James A Cummings, Inc , dated October 2, 2003, in the amount of $6,422 00 and in accordance with Proposal Approval by the Village of Key Biscayne, which are attached hereto as Exhibit "A 3 " d Proposal #R -20C to the Village of Key Biscayne from James A Cummings, Inc , dated December 9, 2003, in the amount of $6,234 00 indicating Construction Schedule Impacts and a Revised Final Completion Date of October 12, 2004 for the Community Center (Amendment No 5) portion of the Village of Key Biscayne Civic Center Project, which are attached hereto as Exhibit "A 4 " e James A Cummings, Inc correspondence to the Village of Key Biscayne, dated February 5, 2004, in the amount of $84,793 00 and in accordance with direction to proceed by the Village of Key Biscayne dated February 17, 2004, which are attached hereto as Exhibit "A 5 " f Owner Change Order No 3 from the Department of Management Services dated December 9, 2003, in the amount of $34,363 00 which are attached hereto as Exhibit "A 6" g The revised Project Budget, which is attached hereto as Exhibit "B " (3) Changes m Agreement — various changes are required to the exhibits and articles of the Agreement to reflect the amendments descnbed herein It is agreed that the articles and exhibits of the Agreement shall be deemed to be amended, to provide the following a Establishment of the GMP for Work Associated with Unforeseen Conditions and Owner Modifications at the Village Fire Station, Police and Administration and Community Center Buildings m the amount of $118,064 00, and establishment of the GMP for the Project of $22,941,342 59 (4) Effect On Agreement - except as provided above, the articles and exhibits of the Agreement which are not affected by the amendments provided for herein shall remain in full force and effect IN WITNESS WHEREOF, the parties have executed this Amendment the day and year first written above JAMES A CUMMINGS, INC Attest By Pet.evle.kicL Corporate Secretary Witnessed By By 4S4_ 4,64gi t'i cc/ii0 (print name) rvc (print name) illage Clerk By o, illiam R Derrer, Corporate President James A Cummings, Inc VILLAGE OF KEY BISCAYNE Approved as to form and legal sufficiency By Village Attorney (Corporate Seal) )'"a e � ager 103001\agreements\amendment to agreement between owner and construction manager EXHIBIT B OWNER S CONSTRUCTION BUDGET ITEM DESCRIPTION CONSTRUCTION BUDGET CONSTRUCTION MANAGERS PRECONSTRUCTION PHASE FEE $113 190 00 SUBTOTAL OWNER S TOTAL PRECONSTRUCTION PHASE FEE $113,190.00 VILLAGE FIRE RESCUE DEPARTMENT & ADMINISTRATION AND POLICE FACILITY CONSTRUCTION MANAGERS CONSTRUCTION PHASE FEE $527 392 00 CONSTRUCTION MANAGER S OVERHEAD & PROFIT $457 223 00 CONSTRUCTION BUDGET BALANCE $10 277 461 00 SUBTOTAL CONSTRUCTION COSTS $11 262.076.00 ANTICIPATED OWNER SALES TAX SAVINGS ($159 266 00) SUBTOTAL $11,102.810.00 OWNERS CONTINGENCY $256 924 00 OWNERS GMP BUDGET FIRE RESCUE & ADMINISTRATION/POLICE $11,359.734 00 OWNERS CONSTRUCTION BUDGET FIRE RESCUE & ADMINISTRATION/POLICE WITH PRECONSTRUCTION FEE $11-4/2.924.00 VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK ELECTRICAL DUCT BANK & WATER MAIN CONSTRUCTION MANAGERS CONSTRUCTION PHASE FEE $119 226 00 CONSTRUCTION MANAGERS OVERHEAD & PROFIT $34 521 00 CONSTRUCTION BUDGET BALANCE $647 913 00 OWNER S CONSTRUCTION BUDGET VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK ELECTRICAL DUCT BANK AND WATER MAIN $891. • I I • VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK PHASES 1.2.3, 4, 5 & 6 (INCLUDING SCHOOL FF SANITARY FORCE MAIN) CONSTRUCTION MANAGERS CONSTRUCTION PHASE FEE $62 630 00 CONSTRUCTION MANAGERS OVERHEAD & PROFIT $84 541 00 CONSTRUCTION BUDGET BALANCE $1 946 594 00 OWNER S CONSTRUCTION BUDGET VILLAGE CIVIC CENTER SITE INFRASTRUCTURE WORK $2.093 . l VILLAGE COMMUNITY CENTER (RECREATION CENTER) CONSTRUCTION MANAGER S CONSTRUCTION PHASE FEE $771 920 00 CONSTRUCTION MANAGERS OVERHEAD & PROFIT $428 698 00 AMENDMENT NO 16 PERMIT DRAWING CHANGES $355 318 00 AMENDMENT NO 17 UNFORESEEN CONDITION & OWNER MODIFICATIONS $118 064 00 CONSTRUCTION BUDGET BALANCE $9 123 832 00 EXHIBIT B OWNER S CONSTRUCTION BUDGET OWNER S CONSTRUCTION BUDGET VILLAGE COMMUNITY CENTER OWNER CHANGE ORDERS OWNER CHANGE ORDER NO 1 OWNER CHANGE ORDER NO 2 OWNER CHANGE ORDER NO 3 TOTAL OWNER CHANGE ORDERS OWNER S TOTAL CONSTRUCTION BUDGET (ALL PHASES) AMENDMENT NO 07 - VILLAGE HALL GENERATOR BUILDING (NOT INCLUDED IN GMP) OWNER S TOTAL CONTRACT BUDGET $10.797.832.00 ($1 140 899 62) ($1 118 301 79) $34 363 00 1$2124.838.411 $22 941 342 59 $72 760 00 $23,014,102 59 Cummiriicj5 General Contrcctcr July 17, 2003 SKYLINE MaNAGEMENT GROUP INC 88 W est McIntyre Street Key Biscayne, FL 33149 James A Cummings, In 3575 Northwest 53rd Strei Fort Lauderdale FL 33309 Phone 954 733-4211 Fax 954485 9688 Website wwvviamesacummings corn TRANSMITTED VIA HAND DELIVERY ATTN Mr Paul Abbott RE KEY BISCAYNE CIVIC CENTER — COMMUNITY CENTER REQUEST FOR CHANGE ORDER PROPOSAL EXISTING WELL ABANDONMENT p ---t t C. Dear Mr Abbott, To accomplish work for the Abandonment of the Existing Deep Well located with the excavation of the Community Center, an additive change order in the amount of $11,221 00 is required Please see attached summary form and subcontractor quotations for a recapitulation of this amount The Work associated with this change order request is limited to, the procurement of permits, the re drilling of the well and installation of grout This change will not affect our ability to complete Work associated at the Community Center, specifically the installation of the Mat Foundation James A Cummings, Inc is proceeding with procuring the permit to mitigate additional schedule impacts however final completion of this Work is contingent upon approval by VKB/SMG for this change If there are any questions and/or concerns regarding this matter please do not hesitate in contacting this office at (305) 361-9227 for discussion Sincerely, JAMES A UMMINGS, INC der Smith Jr ect Manager Cc Armando NunLz VKB Rick Derrer JAC Rob Nfaphis J '1C FILF eal?•L4•O3 r James A Cummings Inc Proposal Summary Form Village of Key Biscayne R -05C Abandonment of Existing Well Curnmtncis J-jj SECTION DESCRIPTION OF WORK LABOR MATERIAL ISUBCONTRACT 02 STONE CIRCLE UNDERGROUND INC $9 775 , Procure Permits and Mobilize Equipment for Abandonment of Existing 18" Dannage Well located at the Community Center $225 02 CRAVEN THOMPSON & ASSOCIATES INC Survey to Locate Abandoned Well for Permitting 18 AMERICAN EQUIPMENT $102 Pump to Remove Water to locate Abandoned Well 18 HSS RENTX $88 Additional Pump Needed to Remove Water to locate Abandoned Well 18 CHUCK'S BACKHOE $441 Equipment to Excavate for Location of Well I SUBTOTAL LABOR BURDEN SALES TAX SUBTOTAL TOTAL OVERHEAD (4 5%) SUBTOTAL PROFIT (Included in Overhead above) SUBTOTAL BOND TOTAL $0 $0 $10 631 $0 00 $0 $0 $0 $10 631 Ir $10631 $478 $11 1101 N/A $111101 I $111 $11 2211 08/19/2003 1 STONE -CIRCLE UNDERGROUND, INC CHANGE ORDER REQUEST FOR KEY BISCAYNE RECREATION CENTER JULY 11, 2003 N / water • sewer • drainage construction Descnotion Abandonment of wasting 18" drainage well in accordance with Department of Environmental Protection This includes permits with fees and re -drilling of well to nominal original depth prior to grouting Drainaae, 18' Drainage Well Abandonment keybisreccntr3 Quantity mit Extenclesi 1 EA $9 775 00 $9.775 00 Drainage Total = $9,775 00 Total For This Change Order = $9,775 00 RECEIVED JUL 1 1 2003 James A Cummings, Inc Lei Biscayne Civic Center 3830 5 W 30th Avenue Hollywood, Florida 33312 (954) 331 5020 Fax (954) 331-0685 License #91-1257 fat L 10 2()() 3 V i Hand Deliver, James A C, ummings Inc Attention Mr Alex Smith 3575 NW 53rd Street Fort Lauderdale FL 33309 r _ CRAVEN 1HOMPSON & ASSOCIATES INC Engineers Planners Surveyors 3563 N W 53rd Street Fort Lauderdale FL 33009 6311 (954) 739 6400 Fax (954) 739 6409 West Palm Beach RE KEY BISCAYNE RECREATION CENTER CT&A PROJECT NO 01-0065-C Dear Alex Enclosed please find a copy of the unsubmitted invoice #R06214 This in oice represents miscellaneous surveying services for the month of May 2003 as requested by your firm Please issue a change order in the amount of $225 00 for this %pork Please do not hesitate to call with any questions Sincerer CR&` EN THO I SON & ASSOCIATES, INC DOUGLAS M DAVIE ice President Surveying DMD1 bk F nc. tosurr. RECEIVED JUN 1 1 2e03 James A Cur,r,ln;s Inc Key Biscayne C►'„c Center f I JUN 1 0 2003 ECIEOVE0 JAMES A CUMMINGS INC CORPORATE CRAVEN~HOMPSON & ASSOC TES INC. ENO'tNEERS, PLANNERS, SURVEYORS REMIT PAYMENT TO 3563 N W 53-i St Ft LaLderdate FL 33309 Phone (954) 739 6400 Fax (954) 739 6409 James A. Currntn;s, Inc. Att. Mr. Steve Satth 3575 N.W. 53rd Street Fort Lauderdale, Florida 33309 r aryl. �A�▪ `• �' -TM: 05/31103.f `S 4 v Ya€DaiLLzKG -TM 'r� +J'i. S, ROJECT - -.r:O1 1065'-4 r%-4' C 01 774 J s a r i CLI E or t• iy �..rw� rte. - ri' N /•<, 4 ,.�¢s"�v�` � "F ��iar i! �f2`' �s h �hY..x^E14 Y4.yr wX x a d t -"C �r.Aeit �i Z w ,�=E-44P t atE 6 CLASS- trmrramtvritTE -s LMM A R Y * * .0 SURVEYING SERVICES Survey Fielj Crer arry F. mitchell 05/23/03 LOCATION OF WELL SITE AT CIVIC CENTER (W011377) * * * i0U0S RATE )o 2.50 2.50 f.—, r.. . AMOUNT 90.00 225.00 ** Total Project u1 -0005-C 225.00 225.00 IS THE ABOVE DUE AND PAYABLE WHEN PRESENTED CLIENT COPY PLEASE REMIT CHECK AND COPY OF INVOICE TO P' I ei Inconni c nccir-f Lia pr., 4 - SURVEY WORK ORDER DATE -- rVCRk" ORDER NUMBER 1377 'C �y L / 3 4-11, tie PROJECT AAjL" c, v — a / D O 6Sc PRO✓EC T NUMBt R PARTY CHIEF NAME &2 4 PARTY CHIEF R NUMB d7S E TASK CODEt__,R15.13 R` G HOURS 2-5 OT HOURS -- �_ - -C(f 77 NAME t CLIENT NUMBER ----- PERSON REQUESTING WORK (PR/NTH DATE OF REQUEST -5-4-C"-L17 DATE OF COMPLETION S.-- 0 CONTRACT ITEM ❑ NON -CONTRACT /TEM ❑ ORIGINAL STAKEOUT 0 RESTAKE C?'-OTh'ER COMMENTS STATE IN DETAIL EXACTLY WHAT WORK WAS PERFORMED 0c.o_/o.0 of- /5 '' WC' G /5/ /4r FIELD BOOK / 5'7' PACE 574 AUTHORIZED S Y SIGNATURE (PRINT NAME ANO COMPANY CRAVEN THOMPSON & ASSOCIATES INC. ENGINE:RS PLANNERS SURVEYORS 3563 N W 53R0 STREET FORT LAUDERDALE FLORIDA 33309 (954) 739 6400 FAX (954) 739 6409 OFFICES FORT LAUDERDALE WEST PALM BEACH 111 American Equipment Rental, Inc. 1651 NORTH POWERLINE ROAD • POMPANO BEACH FL 33069 1295 P —Faro a. -;Y' 971 2506 Miami (305) 870 0520 • Miramar (954) 441 5015. Boynton (561) 733 8616 Fax (954) 972 7159 Toll Free (888) 441 3195 • Website amencan equip corn BILL Construction Equipment Rentals, Sales, Service & Hardware J \vt_ ; xt C w:P) 5TFEE, SHIP 1 _ .Le�,_ t_►= r f RISC rNE PECPE 1 PRODUCT 4 L—., 1:7 t T r .-E ST r i f '-i " t'i i- FL .4_1' t r I OICF # Tt It, O: -E (r'i g PHI- T tC HONDA GIIINIENATORMI 5T/HC Lic:Ei L co() 1•= Cr# Ppl irr SITE 4ftZ • q_ ILJMEc :G1 TEL c45,+—i L S--4,_ 1 1 T L,IE IN 30 U, PAGE 1 MB ErtTE'TTbliE OUT STATUS Q'f UNIT PR1CL IAA' A4 PO 1,4 ( ;+IEit MrsY LE 4+=f -t4 P F i ?t r ti0, 036 7 0+M R -D IL Kt 1, 00 1- q0 :800 &LLtD T)"tU f�IE -Ids -E C -r_ i -rtiEr4 WED MAT d3/,003 7 4`1JM 7h, Mhf 30/.:003 7 00API RTD EHTLY fl 0121-00 DAILf vit 6,CE _ f E>liL� ' A ti �+ L ivered By fed Up By equiprnen h — hereby acknuNl icludtng ait e r'less derl r I ditional ental e mrr l 'le out "ot r r 4i 4 6CE;S ZOO 00 Yf 'ITHL I`EPlGD 1 DA/C,' ribi.R r5) nctiTAL �ERI`Dt ' D' Y 3) ,.? 3 KIP S 40 ► i' .8 .0o3 45411 rRI MAY :,tdr20 C 7 (NAM RTD N -+ 4cEP.► 41 IN 94 VO TJT tl-LE Time Time NENTHL GCR'Ltri 1 DAY Sr :LL HtI,R 51 E`4 I RDM€NTHL Ch I CE vtkl TOT SLR'! CES RECEIVED JUN 0 4 2003 James A Cummings Inc Ke BIscarP r4vic ate. Da e Date N, II '21u e t r repair t with deliberate sp ad women( subject to this agreement wt c`l I ha4e ead �r5z 5 IC ma �� harge5 ax end the ental 11 e m be irnd hN c milt. agr ement a )n number is ass gred W0 charre or he Customer acknoN edges safety and operat ng nstr.ic ionh 18 1Mc� 15 e 7` SIM ON . DkDE TAX TrhTAL RHLP JCE DIE 17: • r. • -e I0-, ,,_ la_ a ere( t of ate doc merts and r dpr and all applicaofe THIS S AN AGREEMENT READ BOTH SIDES BEFORE SIGNING X Signature Date Print Name 4, r PS KdE1141r 1.1111111111 HSS REN?3( HSS RentX Billing Office 6000 E Evans Ave #2 400 Denver CO 80222 Equipment Used at 530 GRANDON BLVD JAMES .A CLT MINGS INC 3575 NW 53RD STREET FORT LAUDERDALE, FL 33309 11111111111 1111111 111 Account # JA0001 Purchase Order # REC CENTER Product # Description 48246 TRASH PUMP 3 GAS 18935 CONVENIENCE FUEL CHARGE DEL 8 DELIVERY AND PICKUP DISC DISCOUNT ® 30 00% i 05/24 03 13 VISA JA0001 88 04 Invoice Numeer 200716 Payment Due 06/23/03 Conuact Numoer 883-05297 A16 Purchase Order REC CENTER HSS RENTX INC PO BOX 550306 TAMPA FL 33655-0306 Page 1 Please detach and return top portion with your payment 1111111n11111111MlUal ERMINNIIIrIIIN1111NN1fq11111(tlll(IIAIIIIEM Invoice # Invoice Date For Billing Inquiries, call your Service Representative 200716 05/24/03 Oate!Time Out 05/23/03 05/23/03 1--,1C vim IV 1 ar L\4.. Lam. WENDY J at 1 877 736 8212 Billed Through Qty Unit 05/23/03 05/23/03 RECEIVED JUN C 200 J_Irlc'S A CI �� rlliric . l C hey BISLavilo C iris C? ire - 1 1 DY rat 54 40 1 4 20 1 40 00 1 16 32 »nl! d a_ ni PLEASE PAY FROM THIS INVOICE Month rates are shown as 3x Weekly Rate RENT COMPLETE Damage Waiver SubTotal Total Tax 1 Extended 5440 4 20 4000 16 32 82 28 5 76 unt JA0001 Invarp 2nr1-71 r, r n 1 Total Due 06/23/03 r u nn n n nn n .. 88 04 P 4 'x`31 Z'_ In 5,77 44A0 SS RE: -1,17 Everything It Takes _^i Tf 5 r Loft f v..s �4wjF Delb-n �-�z w2/Z t- l rgr /bw 1 L. a' y l '1 -s r Call 1-iis-si-RENTX for a location near you. FREE CATALOG. ArA imam %al Amax Main Office 6000 E Evans Ave , Suite 2-300, Denver CO 80222 Chuck's BACkhOE SERVICE, INC. 2301 N W 15th Court Pompano Beach FL 33069 (954) 973 6600 (800) 273 6248 • Fax (954) 973 6667 www chucksbackhoe corn . . . Heavy Equipment Rentals With Operator/ S. James A Cummings, Inc 3575 N W 53 Street Ft Lauderdale, FL 33309 Date - Ticket # 5/23 92882 Description Travel Time Backhoe Rental RECEIVED Unit Hour Hour JUN 03 2003 James A Cummings Inc Key Biscayne Civic Center serving DADE • BROWARD • PALM BEACH Since FLORIDA LAW Requires that You Obtain Underground Utility Locations 48 Hours Before You Dig! Please Call Sunshine State One Call Center (800) 432-4770 BACKHOES BOBCATS LOADERS DOZERS EXCAVATORS • ROLLERS Invoice No Invoice Date Due Date Page No 90392 5/23/2003 6/22/2003 1 Job Name & Address Key Biscayne Fire Station 85 W McIntyre St Key Biscayne Purchase Order # Quantity Unit Price 1971 1 00 49 00 8 00 49 00 Amount $49 00 $392 00 ECEOVE f JUN 01 2003 I JAMES A CUMMINGS, INC CORPORATE D Total Amount Due $441 00 a I • Backhoes • Bobcats Loaders • Rollers n • Large Dozers - Graders ' Excavators • Mini Excavators Chuck's BACkhOE SERViCE, INC. 2301 N W 15th Court Pompano Beach FL 33069 (954) 973 6600 • (800) 273 6248 • Fax (954) 973-6667 www chucksbackhoe corn —Heavy Equipment Rentals With Operator SERVING DADE • BROWARD • PALM BEACH SINCE 1971 CUSTOMER NAME & - DCRtaS GATE J08 NAME & LOCATION C"r7 -1' S 73 5 In%/Ycr- /J 6 ° c,'r.,C 4, TYPE OF EQUIP cV� , MACHINE # . ac, DESCRIPTION OF WORK,, t y/GO,-/r ‘ / lei Ii L/Q L-,1 C C/94 IL. 7:-V ffie-? / TIME START 'v P M TRAVEL TIME " �'z HAS <1:1 TIME FINISH 5 o TOTAL HRS WORKED REMARKS OPERATOR HOURS /')e/1-- i va 092882 SIGNATURE PLEASE NOTE It shall be the responsibility of the Customer to locate all underground utilities lines pipes conduits cables etcetera and to clearly mark the location as same prior to the commencement of the use of the Equipment covered under this job ticket The Customer agrees to idemnify and hold Chuck s Backhoe Service Inc harmless for any and all losses damage fines etcetera that may be incurred as a r-. .f Customers failure to comply with its obll.. Ion ndr this paragraph FLORIDA LAW Requires that You Obtain Underground Utility Locations 48hrs Before You Dig! Please Call Sunshine State One -Call Center (800) 432-4770 JOB TICKET OFFICE C m mr i z z a. 4 ti z U I- m 0 W z ef f - _.- ..-)z--t-vir \--c-- A 4 a I umming General Contractors October 29 2003 SKYLINE MANAGEMENT GROUP, INC 88 West McIntyre Street Key Biscayne, FL 33149 James A Cummings, Inc 3575 Northwest 53rd Street Fort Lauderdale FL 33309 Phone 954 733-4211 Fax 954-485 9688 Website wwwjamesacummings corn TRANSMITTED VIA FAX (305) 573-2620 ATTN Mr Paul Abbott, Project Director RE KEY BISCAYNE CIVIC CENTER — COMMUNITY CENTER REQUEST FOR CHANGE ORDER PROPOSAL R -14C BASKETBALL BACKSTOP HEIGHT ADJUSTERS Dear Mr Abbott, To accomplish work requested by the Village of Key Biscayne and noted in Hufcor/Gulfstream proposal dated February 13, 2003 for furnishing & installation of the Six (6) Electric Basketball Backstop Height Adjusters for the Community Center, an additive change order in the amount of $9,394 00 is required Please see attached summary form and subcontractor quotations for a recapitulation of this amount The work of this change order request is limited to the Installation of Six (6) Electric Basketball Backstop Height Adjusters as delineated in response from Robert G Currie Partnership to RFI #C094 dated October 23, 2003 If there are any questions and/or concerns regarding this matter please do not hesitate in contacting this office at (305) 361-9227 for discussion CUMMINGS, INC x der Smith Jr ject Manager Reviewed & Approved VI E OF KEY BISCAYNE it), '''s I , .":, Abbott VKB/SMG Project Director Cc Jose Aguila, Robert G Currie Partnership via fax (561) 243-8184 Todd Hofferberth VKBRDD Eric Squilla JAC FILE James A Cummings Inc Proposal Summary Form Village of Key Biscayne R -14C Electric Basketball Backstop Height Adjusters ummin s !�lf1 SECTION I DESCRIPTION OF WORK _ LABOR MATERIAL SUBCONTRACT 12 HUF-COR/GULFSTREAM Furnish & Install Six (6) Basketball Backstop Height Adjusters at the Community Center $8 900 SUBTOTAL LABOR BURDEN SALES TAX SUBTOTAL TOTAL OVERHEAD (4 5%) SUBTOTAL PROFIT (Included in Overhead' above) SUBTOTAL BOND TOTAL $0 $0 $8 900 $0 00 $0 $0 $0 $8 900 $8 900- $4011 $9 301 N/A $9 301 $93 $9 394 10/29/2003 JAMES A CUMMINGS INC 1 r Request for Information Detailed (without Collaboration) grouped by Number Key Biscayne Civic Center 85 West McIntyre Street Key Biscayne Florida 33149 Project # 99-1 38 James A Cummings, Inc Tel 305 361 9227 Fax 305-361-5647 RF'I # C094 Date Created 10/23/03 To Company Attention Author Company Authored By Robert G Cume Partnership 134 NE 1st Ave Delray Beach FL 33444 Jose Aguila James A Cummings Inc 530 Crandon Blvd Key Biscayne FL 33149 Jorge Fuentes Subject Discipline Electric Height Adjusters for Backboards Electrical Cost Impact Amount Sched Impact Days Dwg Impact 0 0 Cc Company Name Contact Name Copies Notes Village of Key Biscayne JAMES A CUMMINGS Paul Abbott Eric Squilla 1 1 Question Date Required 10/30/03 Per Village of Key Biscayne incorporate electric height adjusters on backboards and key pad for operation in Gymnasium There are no additional electrical requirements Suggestion Answer Company Answered By Co -Respondent Robert G Cume Partnership Jose Aguila Answer Date Answered 10/28/03 We are OK with this item Make sure there are no systems that we need to revise Prolog Manager Printed on 10/29/03 \\claudia server\ \amend #15 rec t.tr pmd Page 1 of 1 HOBERT G CUPR I E PRRTNERSH I P PHONE NO 561 243 8184 Oct 28 2003 04 55PM P8 UCt ci UJ Ld L., rta, tii VaayAd Lentie, JUbd Ab 4 1 Request for Information ?ctalacd (wzthout Cdllaborntr ar r gtcLpcd by Aumber Key Biscayne Crvtc Carter 85 Wit-MWit-M Mcllyrt: StreU Key Biscayne Florida 33149 Projec-t #1 99 138 Tel 305.361 9221 fax 305 -64 (64' Jaroe7 A C1uuusInas 1Ac. II I pair + ,•.I( . 1 i•' __ I To Company Robert 0 Currie Par►nership t34 NE 1st Ave DelrIy Beu.h, iL 33444 Subject Electric HcQhr Adjuctert ror Backboards Cost Impact Cc Company Name Vtllagc or Key Biscayne JAMES A. CUMMLNGS Atteatieo AIM Aglaia Amount Sowed Impact 0 Cantata Name Plitt Abbott Eric Squil a Aatdror Corny Junes A Lurnttltngs. Inc 530 Crandon BIrd Key Biscayne, FL 33 149 Diselpllue Electrical Copts Notes Authored By Jorge Fuentes DAVA Dwg Impact 0 Qreattaa Date Required 101303 Per Village of Key Biscayne incorporate alectnc hctytit adwstcn on backboards and key pad for are-atbr to Gymnasium There are no additional electrical requirement, Sanitation AiRrwer Company Robert 0 Currie Partnership Answer Answered By Jose Agu ds Co -Respondent & Q.;.4 k. tdt-k-v‘ 4-147c, c+ ter . tAeL 1/44. St" -.1 4 Vise..e. & Owe ',,.• 1,u, b s 4 - te.v • v.. (040) Date Aiswetod kECEIVED o C T 2 3 2003 _c; A C ,rrrlaf(+' /root Haisagfr Printed an 01 7 03 I c audta-3-•vcr' 'ancnu 45 rec cC prnd Pa¢c I or'I FE3-13-2003 04 33PM cRCM-hufccr ipIfs ream 5o 7904 30 T-575 P 001/03! F-492 I WHUECOR /Gulfstream Proposal TO, Key Biscayne Roc Center r F -)4f. ATTENTION Todd FAX 305-363-8836 FROM Anthony Medina RE Gymnasium Electric Height Adjusters & Mec Pad ( ig%.3 ) 02/13/03 ---------7 Todd, As per your request here Is the quote HUFCOR/Gulfstream proposes to furnish and install as noted the following equipment ATHLETIC EQUIPMENT Manufacturer JavDro • Model EHA 800 Electric Aluminum Height Adjuster for 800 Series Mast • Quantity (6) total • Features 50% lighter than steel Adjsuts from 8' — 10' Anodized finish Narrow, clean profile • Upgrade required MEC II pad to accommodate additional units > Note Installation included as part of general package TOTAL PRICE $ 8,900.00 Please contact me If I can be of further assistance Sincerely, Anthony Me Sales Representative 160 Bualness Parkway • Suite 6 • West Palm Beach FL 33411 • Phone (561) 780 8882 • Fax (581) 700-4330 A Division of HUFCOA/ Orlando Incorporated Page 1 of 1 MEC PAD / '-` _jUSTEPS I1 )TheIECOq rumbe or c_-,1,1 di/rde our , a.. rights FA ., 1E4 •1 Le °r L 4L 3 S t G - C C ter' t~cller L Gt' m =-12 r..r' Gvcrot cr kevs and an operate ar r invited p re is rciudirg oasketball backstops gym PC I t ..ages and electr c height adjus ers as well a '""` ds otc (^ot irtehdtrt 'or oleaohe ,) T le AMC Psi, ' o. s- no tier vi1Lhe5 :,ecaose it br ncs only 12 volts to floor le el as opLosed u key sv itches that use 110 volts A 'our digit code an be cra%eJ at _ , tirre ore✓ent unsucemsed use Ore MEG PAC ' inoiudes ore touch pad and one relay box that ope ates up to eight (8) gjrrrasium components and two continuous 15 amp auxiliary services for lights PA systems score boards etc Each additional relay box operates an additional eight components and two auxiliary services Can save thousands of dollars on electrical work if specified This product is UL Listed Lose Uu N,. for Paton F- r+ i , The MEC PAM" is both simple and sophisticated No more need for keys Unbeatable Benefits! • No keys to lose Save money on electrical work • State of the art easy to operate • Consolidate your key switches • For new installations or easy to retrofit • Safer than key switches • Four digit code prevents unsupervised use Cleane looking than key switches The narrow profile of the AHA height adjuster maintains a visually clean target area AHA Manual Aluminum Height Adjuster This lightweight state of the ar neight adjuster is virtually irvisible at irst gia^oe' C , 14 a' he ridest point 50 O lighter that ste_l keight a ilc s rs means less strain and wear and tear on the r it oh and cable Lightweight a t minum mates t ea rer to adjust from 8 to 10 A lc,( -4 zed hi i r vi, tit t liKe painted finishes The tighter tole a 1rt S or al rri ium maintain a sturdy backboard even in the is .ered position Mult pia hei31 s -t r , c,l ri m 7 mad and can easily bu seen from t1 c ft( or Limited Lifetime warranty on all backboards when used with Jaypro height adjusters Electric height adjusters are available with MEC Pad operation no more keys' See above for more information HAPW 100 Powervvand The powervand s designed to elrmirlte the need for wir rig Portable rod plutis r a a et ep -foie in the reign aalu5ier nit is oowerad by a - tnrdird al r+r rn► ,ii a EAHA Etect-ic Alurrir urr7 He cif t Adjuster Same as rh m inu electric ope u ! ke vi ' ME.: PAD radio control ui F a d Limit fn ztrc.all j stop the height 'ids a ti -t. 3 1c n igr t heitPub adjust ex t r t loin' mot( r fu I .)Pr INFOP 1 \tin J OR F IF DEALER 1 I I I Ja y�r v James A Cummings, Inc 3575 Northwest 53rd Street Fort Lauderdale FL 33309 Ale Eider Smith l umrmin9 General Contractors October 2, 2003 E-15z.k- 1 SKYLINE MANAGEMENT GROUP, INC 88 West McIntyre Street Key Biscayne, FL 33149 Phone 954 733-4211 Fax 954-485 9688 Webste wwwjamesacurnrnings corn TRANSMITTED VIA FAX (305) 573-2620 ATTN Mr Paul Abbott, Project Director RE KEY BISCAYNE CIVIC CENTER — COMMUNITY CENTER REQUEST FOR CHANGE ORDER PROPOSAL R -16C PERMIT FEE INCREASE Dear Mr Abbott, To accomplish work noted in procuring the Building Permit (issue date of 05/06/2003) for the Community Center, an additive change order in the amount of $6,422 00 is required Please see attached summary form and building department quotation for a recapitulation of this amount The request for this change order is limited to the Building Permit issued on 05/06/2003 The GMP Proposal dated October 17, 2002 provided a permit allowance of $85,000 00 The costs associated with procuring the Building Permit for the Community Center are $91,422 00 If there are any questions and/or concerns regarding this matter please do not hesitate in contacting this office at (305) 361-9227 for discussion Sincerely, Rev d : • R oved JAM CUMMINGS, INC S ! I l Er ' ANAGEMENT GROUP, INC P. •'b Project Manager G Project Director Cc Rob Maphis, JAC Eric Squilla, JAC FILE It James A Cummings Inc Proposal Summary Form Village of Key Biscayne ummm s R -16C Building Permit Fee Increase SECTION DESCRIPTION OF WORK **Credit of GMP Allowance for Permits as indicated in GMP Proposal dated October 17 2002 I LABOR MATERIAL SUBCONTRACT ($85 000) 01 JAMES A CUMMINGS INC Actual Cost of Building Permit No B03-02705 $91 4221 J I 1 SUBTOTAL LABOR BURDEN SALES TAX SUBTOTAL TOTAL OVERHEAD (4 5%) SUBTOTAL PROFIT (Included in Overhead above) SUBTOTAL BOND TOTAL $0 $0 $6 422 $0 00 $0 $0 $0 $6 422 $6 422 r --N/A $6 422 I N/A $6 4221 N/A $6 422 10/02/2003 JAMES A CUMMINGS INC 1 Qualifications and Clarifications Where conflicts may exist between these Qualifications and Clarifications and the listed Contract Drawings, Specifications and ArchiteLt's letters of direction, these Qualifications and Clarifications shall govern 1 The Owner Allowances are sums of money established for a particular item of work which scope and description are not sufficiently defined to allow for pricing by Cummings These Allowances are inclusive of all labor (unless otherwise indicated), payroll taxes and insurance, material, sales and use tax, equipment, services, general requirements, insurance, bond and fee The following items of work are included as Owner Allowances Owner Allowances A Permits B On -Site Landscaping, Irrigation & Sod C Finish Hardware D Visual Aids Boards y E Interior Signage F Exterior Signage G Residential Appliances and Equipment H Miscellaneous Accessories I Window Shades and Treatments J Sand/Oil Separator K Building Security & CCTV Wired raceway System L Telephone & Data Empty Raceway System M Sound System With Wireless Microphone N Clock System 0 Cable TV System P UPS Stand Alone Units - 15 each Q Parking Equipment R Ceiling Fans S Tower Clocks $ 85,000 00 $ 75,000 00 $ 35,000 00 $ 3,500 00 $ 4,000 00 $ 5,000 00 $ 5,000 00 $ 10,000 00 $ 7,500 00 $ 10,000 00 $ 30,000 00 $ 20,000 00 $ 30,000 00 $ 10,000 00 $ 20,000 00 $ 4,500 00 $ 10,000 00 $ 2,500 00 $ 30,000 00 2 The costs included in this proposal are as specifically identified in this proposal and are as specifically shown in the enumerated contract documents 3 This proposal is based on the Technical Specifications dated September 14, 2001 for the Village of Key Biscayne Recreation Center as prepared by Robert Currie Partnership Inc 4 Builder's Risk Insurance is included 2 I` SPEC 1 OR COMMENTS 77* I NOTICE in addition to the requirements of this permit there may be additional restrictions applicable to this property that may be founduln fjtpublic records of this count) and there my be addition! permits required from other govermenta! entities such as water management districts sstateii ennciiees or fetIeral agencies Graffiti it is the responsibility of the general contractor to maintain a clean and safe construction site including the removal of grafiti If an inspector observes graffiti on the site a violation notice with a maximum daily fine of $500 00 will be issued Inspections will not be made until the graffiti is removed Inspections for First Floor Slab, Tie Beam & Pool or Outdoor Deck Elevations& Setbacks 1 I nor to any slab pour %% ohm the main buildins or prior to installation of any outdoor paved surface setbacks must be shown on an as budt,survey Simultaneously an elevan n certificate reptesenune the top of f irni board for the same structures must be provided The first floor top of form board elevation for the main building should be the Base 1 lood Elry anon at a minimum The outdoor pay ed surface elevation should be no higher than the first floor elevation or if encroaching required setbacks no hil,her than the applicable Maximum Lot Llevanon " 2 After slab pour or outdoor paved surfa e installation provide the same elevation and setback information as above 1s always applicable top of tie beam elevations for the main building must be submitted upon completion of each floor to confirm compliance with zoninf, wall hei ht resulations 4 For final inspection provide the setbacks and elevation certificates for all aforementioned structures 4 Village of Key Biscayne Building Zontng and Planning Dept 88 West McIntyre Street Suite 250 BUILDING PERMIT CARD Master permit No 1301 0270 Permit Type BLDGPRMT Date Issued 05/06t2001 M sster kpplication Numbei 1103 0270.1 Folio 2442320010070 Code Year 0 Oss ner s N ime \- ILI \Cil OE, ICE\ BISCA\ NE Phone No Site Address 8i) w MC [Ni 5 RL S I KB ',- Contractor s Name J \\If S A CUNNINGS INC Phone No 954 733 4211 Contr Lic No CGCO2164') Current Prop Use Proposed Prop Use Work Description NEW CONSTRUCTION CONIti1UNI-IY CEN [ER CONTRACTORS SUM I ( 1I I (305) lop 5112 BET\\ FF r TIiF HOURS OF 8 30 A M AND 3 10 P M FOR INSPECTIONS LISTFD ON THIS PERMI F C 1RD 1S I I R SI BC 105 2 THIS C 1RD \1LST BF DISPI 11 ED ON TIiF FRONT OF TIiF JOB IN A CONSI iCLOLS i OC 1TION %F Ai I i I \1F S OR NO INSPEC I ION WII 1 111 M 1DF DO NO is BEGIN ANY WORK 'WITHOUT 11 1‘ INC RF(F IN I I) NOLR \ Al ID 1TF D PE RAII i 1ND PERM! I' C 1RD \1PPLI\ INC FOR 1 PFRMIT DOFS NOT CR kNIT THF RIGHT TO Brc1N CONSTRIJCTit )N 1I i CONS I RIC i ION OR DENI01 1 I ION ARJ 1S \1L ST BE M 1INT AINFD IN 1 Ci F 1N 'NEAT AND SANI F 1R\ CONDITION FRFI FRONT CONS i RI C i ION DEBRIS C ONSTRUCTiON OR DEMOI ITTON PROJECTS N\ ITtt A COS i IN I \CI SS OI SIG 000 ARF RFQUIRP D I () PRO\ IDF SL Fl l(I 1N F ON SI Ft RFCFPT ACi ES STREF FS AND NP ICIIBORiNG PROPFRTIF S SI 1 \ I i BF Iv.FPI FREE FRO\i Dm! 1ND Di BRiS I RO I F( r S\\ 1t F S FROM BFI'G D 1111 1GFD ill EQUIPMENT OR k FIIICI i S 1101 RS OF CONS I RUC I ION it t limited to the following Mond-i) through Friday 7 00 i m to 0 30 p m Saturd Sund vvs and Huhd ►vs \'Votl. cin hcnet illy ocent only if it cuinot be heard in ad. scent buildings or'ipart ment/coudorniuiuni units llolid iti include Nev 1 c ►i s I) iv \i irbi► I tither Kin,, Jr Birthday (the third 11Iondwy in I-inuary) \\ ishnrl,ton s ltitlhd iv (the third llutirl iv in I ehru in) \lens ii i it I) iv iricicl►cncicnc( I) iv I i1iut 1) iv Columbus Day \'etcr'in s D is Ih'inksgiving D9v Ind Christmis I) iv I he use of heavy equipment for earth mov in ind conch icfin , c merit de niolation or pile driving is not permitted on Sund iys timid Itolid iv s Fines I li( ♦ubconti ictur incl th ( in iii C ontr'tctrir v II hntt i .,i r ., 1 RECEIPT RECEIPT NUMBER R98007115 APD # SITE ADDRESS PARCEL B03-02705 89 W MCINTYRE ST VKB 24-42320010070 TYPE Building Permit Master TRANSACTION DATE TRUST TRANS LIST 05/06/2003 TOTAL PAYMENT TOTAL PAID FROM TRUST TOTAL PAID FROM CURRENCY TRANSACTION LIST Type Method Description 91,421 80 00 91,421 80 Amount Payment Check 002080 ACCOUNT ITEM LIST Description TOTAL Account Code 91,421 80 91,421 80 Current Pmts Bldg Permit Fee Metro -Dade County Fee Permit Software Radon Gas Fee Scanning Fee Site Plan Review Fee State DCA Surcharge Zoning Review Fee RECEIPT ISSUED BY AMOLINA ENTERED DATE 05/06/2003 00 322 00 100 00 322 00 100 00 322 00 200 00 322 00 100 00 322 00 100 00 329 00 300 00 322 00 100 00 329 00 300 TOTAL INITIALS AMM TIME 09 39 AM 83,478 00 1,489 80 6 00 191 00 900 00 200 00 191 00 4 966 00 91,421 80 ummin9s C '*-'* General Contractor - December 9 2003 " fim Cr SKYLINE MAN 4GEMENT GROUP, INC 88 West McIntyre Street Key Biscayne, FL 33149 A. 1----i James A Cummings, Inc 3575 Northwest 53rd Stree Fort Lauderdale FL 33309 Phone 954-7334211 Fax 954-485 9688 Website w wv lamesacummings corn TRANSMITTED VIA FAX (305) 573-2620 ATTN Mr Paul Abbott, Project Director RE KEY BISCAYNE CIVIC CENTER — COMMUNITY CENTER REQUEST FOR CHANGE ORDER PROPOSAL R -20C WEATHER IMPACTS Dear Mr Abbott, To accomplish Work necessary in the clean-up and water control of Weather Impacts that occurred on November 6, 2003 (see Cummings letter dated 11/07/03) at the Community Center an additive change order in the amount of $6 234 00 and a Construction Phase Time Extension of Two (2) working days is required Please see attached summary form and vender quotations for a recapitulation of this amount The request for this change order is limited to the costs and time associated with labor, materials and equipment necessary in the clean-up efforts of the Community Center immediately following the weather impact realized on November 6, 2003 If there are any questions and/or concerns regarding this matter please do not hesitate in contacting this office at (305) 361-9227 for discussion Sincerely, JAM P J A UMMINGS, INC der S ith Jr ect Manager Cc Eric Squilla JA( FILF Reviewed & Approved S E AGEMENT GROUP, INC Abbott /SMG Project Director James A Cummings Inc Proposal Summary Form Village of Key Biscayne R -20C Heavy Rains and Flood Costs 1 SECTION 01 I DESCRIPTION OF WORK JAMES A CUMMINGS INC I l LABOR l MATERIAL ,SUBCONTRACT Extend Construction Phase Fee & Construction Schedule Two (2) Working Days ($1 833 per day allowable by Agreement Between the Owner and the Construction Manager) $3 666 West Miami Discount Tool - 134377 $108 American Equipment - 65822 Amencan Equipment - 65823 $170 $164 rnmeume i emporary tarring - LLti41 I I $390 Pnmetime Temporary Staffing - 23092 ! $1 176- 02 Griffin Dewatering South Florida L L C 6" Vacuum Pump - 431659 $500 ! I � I J + 1 I I 1 1 � i I I I 1 1 I -i I SUBTOTAL LABOR BURDEN SALES TAX SUBTOTAL TOTAL OVERHEAD (4 5%) SUBTOTAL PROFIT (Included in Overhead above) SUBTOTAL BOND TOTAL I $0J $9421 $5 2261 $000 $0 $66 $1 008 $5 226 $6 234 N/A $6 234 N/A $6 234 N/A $6 234 12/09/2003 JAMES A CUMMINGS INC 1 JNTRACTORS & INDUSTRIAL quipment Tools Accessories EMINGTON AND RED HEAD fastening system & tools M ILWAUKEE M AKITA HITACHI DSCH PORTER CABLE METABO lectric tools and accessories HITACHI Air Nailers ULTRABOND & SIMPSON Epoxies TARGET BLAZER aw Blades Diamond Core Bits DYNAPAC Compactors IM ER TARGET Tile Saws WYCO vibrators SAFETY SUPPLIES Threaded Rod Powerstrut Beam clamps Spring Nuts r Compressors & Generators abrasive blades drill bits grinding disc & cup wheels drywall scre ws & leve ls extension cords couplers nuts & bolts ..honng and fas ten ing systems • ... • • . , ••• ►•••1 .••.. • ... . St .•. ..r• .• •••• v• • . ►.•. .••• .••• a ..• • • • ••.r . .♦ EST MIA MI DISCOUNT TOOL, INC Fasteners and Building Supplies www westmlamltool corn 1085 S W 67th AVENUE MIA MI FL 33144 Y6ve.S CU, WI nn t' n SOLO\ TO / i DESCRIPTION LEGAL TERMS Fo a a n cons derat on of merchandise described herein the parties agree to 1) that the buyer shall incur and be responsible for the additional payment of an Interest charge at 1 /a% per month or 1$ r nu m on an y outstand ng balance past due 2) the pu rchase 1 rther agrees to pay any an d all cowl costs and reasonable attar ina 20% eys lees seller ncurs n en rig colle lion of amounts due and ow ng Seller reserves the r ghl to charge al his sole d suer on re to k ng n g of g o y et ru ed cha d se THE ABOVE ME ' JNDISE CEIVED PURCHASE ORDER # MIAMI (305) 265-9988 www westmlamltool corn FAX (305) 265-1019 SHIP TO SALESMAN TERMS NET 30 NO DISCOUNT INVOICE13 37 7 QUANTITY QUANTITY BACK ORDERED SHIPPED ORDERED MYNA y, 4 _ fr -o UNIT I RICE UNIT EXTENSION 5,i 00 JJob0. Cult Cam;. , •• Chock for Am gun $ Approved (r BY DATE INVOICE SUB TOTAL �AtES 1 A TOTAL /37 7? / 7 y American Equipment Rental, Inc. 1651 NORTH POWERLINE ROAD • POMPANO BEACH FL 33069 1295 a^oJ9;a, 9- 2506 Miami (305) 870 0520 Miramar k954) 441 0015 Boynton (061) 733 8610 Fax (954) 972 710Q Toll Free (8881441 3195 Website amencan equip cam ET 1 314 r L 111 1 Construction Equipment Rentals Sales, Service & Hardware ,TAf11ES F) rLIMN JNGS INC 7f.J. NW ' RD S1 REE1 F J LAUDEPDALE ►'E`r Ef 5CA`rrIE POLICE 5E0 CRAPNDON- DLVD— IKE`r B I ECA /NE FL PRCE1.,CT # DESCRIPTION ►► -116 DAILY 0{21-P►01 DHILi i1C2-001 i4 LY DATE/TIME OtJT f pit 1" rC E # 111 (Cr r! -I f E CCNTrFr'C 1 -r HONDA. GENERATOR A ST/Ha: ECEOVE NOV 13 2003 JAMES A CUMMINGS INC CORPORATE fir 11/t t c L f U.. PO14 RHr ID I TE r1.U3TL1ME? !1 TEL 454-7:: 4t` 1 I TERMS DI IE IN ir21 ItN1Y S s8 1 L! ED T'F! t 1 STATUS QT1' UNIT PP r_ AMOUNT 2" CENTRIFUGAL. PUMP TE250NA DU NOV 0t'200: L 0601 NOV 10 20e3 7 464M 5TD 3 00, WEEKLY 120 00, 4 WEBS 300 0a SERI 23252 PE' ThiL c o; CP C n4 Y' S' 1' 51 HO(JP S) 2" X 50' HOSE THU NC: 00/2903 12 04'M NON NCJ 10 21 7 40A0 RTD 6 00, WEEKLY' 15 eel 4 WEEKS 30 d0 2" SUCTION HOSE THU NOV Oh/Ale3 1h 00, WEEKLY 18 00, 4 WEEKS 45 00 TOT RENTALS 1.,8 00 i'cCEIVE t` NOV 1 9 ?003 `,PS A Corn mngs �^ r31sca / 1 C' RENjhi PERIOD .. DP/ IS) 17 51 HOUR 'SI 1, 0:1°'.1 PEN NGV 10/20 C 7 OAP 4TO TOT SHLES RENTAL PERIOD 3 DA"=3 17 51 HOUR(S) E'rt/ 1 RC1 MEN T AL CHARSE il0 TOT SERI/ CES 1 75 Vendor iA Job l 1 �;1— Cost Coder)" -4 'cC'r -rv"} r / o __ S CI DLit S Approvcd 0/ 03,3 1 1c'0 Bri 1e0 00 15 00 Z0 00 1400 1800 1 75 SIBTOTNL 1h9 75 DADE T1.X 11 88 TOTAL 181 b3 RPL,+rNC ri c '� c - Bred By Tlr^e Date 'd Up By Time Date It t rc 1k do i r I , v I Pp ice t Po iir t with deb air' sp ed "' ' ledq e it 0 it r -t, bp to hr agraernen w ch as in o li on ur e�P se dP 1 I al a r- r P i l ig 4 P P r r f r r et, 1r e it 1 ti t L v C r 1 i t i., rt n i t 1E 7 i! er-r i c 1 t nh r s is ri t 1 f 11 a eif C of rre cemowled e receipt of sat- y doc !"P 1 nr+ nciers ar ds i 1 ipolicab e safety and cperat ng ns ruc ion THIS IS AN AGREEMENT READ BOTH SIDES BEFORE SIGNING X Sgna e Date Print Narre Pn"Ta t • ,American Equipment Rental, Inc. ' 1651 NORTH POWERLINE ROAD • POMPANO BEACH FL 33069 1295 °54) 9-1123t6 Miami (305) 870 0520 Miramar (954) 441 5013 Boynton (561) 733 8616 Fax (954) 972 7159 Ft I r Toll Free (888) 441 3195 Website american equip corn Construction Equipment Rentals, Sales, Service & Hardware I - 1 i f-1 1F_ h1 ! Cr1ht; t t ;4 I v� NW FT LEII IE �� tt M E ~ Ti) 1 EY P [SC'i `J_ FULTCr ►�4't CRAhJL►rrr Pi ��E'---- I E( B I SCA f rIL t L PRODUCT # DESCRIPTION Irl( tUICE IN,i !CE DATE i►riTPi=ICT # FAIT yC' I DATE/TIME OUT E LED THRL HONDA GENERATORS ST/HL ECIE111/1 NOV 13 2003 I JAMES A CUMMIN3S INC CORPORATE G C 1t, 11 1, I , PO# R r NIL SITE LLISTOMER TEL PERMS P'JE IN T rS FAGE 1110-1ti81 PRESSURE WASHER SUN / HOS: FaI NOV 07/,00: - 540 MCN NO4 10'_ RENTPL PEgIOD _ 4:0-001 EXTRA S8' PRESSURE a.A5niN H0S FCI NOli 07 - 54AM MON NCY 107003 +.'LY 509, WEEKLY 20 00, 14E33 50 00 ' '0-0,1".: PRESSURE MASHER F t NGJ A L'00,) ��ILr 49 00 WEEKLY 191, 0@ 4 WEEKS kl0 00 :ER# ' 040695 STATUS " 4t 4M RTD DIY(S) 22 46 HOUR 5 7 4t'M RTD RZNTH. CEaTuD L*r :) HOUR to 7 54i-14 M,N NO) 10, _003 7 RTD C %T ;L _De5 ;35LNCU 5 ��►V t kC'+''r�ITRL CEAQGE TOT RENTtiLS 162 00 TOT SPLE" 00 TCT =ER)It cS ECEd\;. NOv H 3 2,1" le s A Curni Etscayne C NOR 1 11 QTY L4IT crocr ► 041 AMOUNT ee 1- 00 15 it0 a,al 14700 1 7` aP T L1TaL r"it E TA( C Vendor # Job/ 11-1 C� t Ca 3 C r 1 Pr's/ 11 A-ourt — OI JL t $ Approved 8 Date -IL 1 75 1x3 75 1146 1-521 C. 6.1 ,ered By T me Date ed Up By T rre Date 1 i+ It Lna9K do \ 11 u ee 1. 1 'Pd je r Le ^t ern II tern s 9nd c hc, rr •=rl n&,d 1 31 01 1 100-)S t n1 t b i f C s n3to ivrt \E p 1 c e a t veth ic4ba ate can ni c r r h h I n-1 r' d nb I 11 t L r d hr ttr c. I/, e- 1 j d bha ha ge to tl e C r knr pdge5 recei a It r i I vperttng nstruction 1 r r rinds alt 1pDlrcibie THIS IS AN AGREEMENT READ 80TH SIDES BEFORE SIGNING Sg at e Date Inc used Prnt Name j pa, let t' IN VOICE INVOICE Priflici 1111.C. TEMPCR,IR t Sri-TINC INC P O Box 181 F L..uderda e FL 33302 Ph (954) 58' 2315 Tali ee 1 8Ctt 400 t5r3 Fax i95s C29C JAMES A CUMMINGS 3575 NW 53RD ST FORT LAUDERDALE FL 33309 CA'E /J8/C3 INVOICE 22642 CUST # Job Site 88 WEST MC INTYRE TICKET NO DATE REFERENCE 151 CA -E -1/G3/G3 t,�!`,�C I C 22642 � T CL1S K PLEASE FiEi.,fi T S S ,E, rf a e P 0 BOX 181 FT LAJDERDar E, FL AMOUNT TICKET NO 154784 11/03/03 Invoice 158290 11/05/03 Invoice 158295 11/05/03 Invoice 154617 11/07/03 Invoice 158229 11/07/03 Invoice 158412 11/07/03 Invoice 158381 11/08/03 Invoice 158382 11/08/03 Invoice 158383 11/08/03 Invoice rrent - 30 Days - 60 Days Br 60 Da,rs RECEIVED NOV 14 2003 James A Cummings, Inc Key Biscayne Civic CenLL, ri t ! ^ 1 3 20003 JAMES A CW1MINGS INC r- n cr-3 r` ^ S T r 234 00 2,281 50 00 00 390 00 68 25 68 25 78 00 78 00 312 00 78 OC 78 OC 78 OC 154784 T 158290 158295 154617 158229 158412 158381 158382 158383 AMOUNT DUE 390 00 68 25 68 25 78 00 78 00 312 00 78 00 78 00 78 00 TOTAL DT -7 1 22'8 E UPON RECEIPT This invoice represents wages and taxes airy I -ill G per annum service charge will assessed on all overdue t. DUE UPON RECEIPT buuljV no9J luewwOAOD l a M sauepioole t1t pautwialdp aq AMU WPM ley) OS JoAoKdw3 �tlllou lsnw ioeiluo0 luawwanoh p aapun se nAjOs 6utpinoad eie OilM sluaq awls eta Aq paiinbei se eouemsul uogesuedwo3 S. 19 o e s lnoJd o • u • SEM • . • • • • o M o I I • suodsaJ mno st Site Address/Con taat r t Company Street Address City Emplo yee Name SS it Name SS Name SS it Name SS tl Name SS$ Name SS 1 State Four (4) hour nimum per ma n per day Please DO NO T advance any mo ney to emplo yees Please give billin g co pies to o ur e mployees 4 C it ► ! 1i I r e For Weekly U se Only MON TUES WED THURS FRI TOTAL HOURS WORKED Custo me r agrees to the terms and conditions set forth on the reverse list employee s have satlsfactonly performed services for the hours shown hereof and certifies that the side apove ` AUTHORIZED SIGNATUR E {{ TITLE AND/OR Owes to Employees r"' t DEPARTMENT Employee Owes Ztp Code Hours To Nearest 1/4 H ow Days nee ded aga in Mon Tues Wed Thur Starting Time Pleas e R fate Our Wo rke rs FxPIIgr1No of Mont rn r,r! Fn Sat F Sun DnA f-1. WIC 1 Nile TEMPORARY STAFFING INC 24 Hour Service 100. Date 7-0.) Job Site Address/Contact Company Street Address Start T e 1 �r--- No of Men --L Cry r_ Ci �. VvL Broward Dade Fax (954) 316 8516 (305) 756 6299 (954) 587 0296 P 0 Number Work Ordered By Job Descnptto nJCode k7 City Stale � � � Zi Code Name SS I Name SS N Name SS M Name SS ti Name SS x Employee //A1( 44 -A1 THURS Fo r Weekly Use Only TUES WED FRI SAT SUN Four (4) hour min imum per man per day TOTAL Please DO NOT advance any money to e mployees HOURS Please give billing copies to our e mployees WO RKED Customer agrees to the terms a nd con ditions set forth on the revers a de hereof and certifies that the list employees have satisfactorily perfo rmed services for the hours shown above AUTHORIZED SIGNATU RE _ ZC e TITLE AND/OR Owes to Employees - DEPARTM ENT V �`j�"'` Employee Owes Hours To Nearest 1/e Hour 8)1 y s Days needed again Mon Tues Wed Starting Time Ple ase Rate Our Wo rkers Excellent PrimeTime TEMPORARY STAFFING INC 24 Hour Service Job Site Address/Contact Company Street Address City Na SS Name SSr THURS SS a Name SS , Name SS ititnal State Zip Code Broward Dade Fax (954) 316 8516 (305) 756 6299 (954) 587 0296 t C ti tt 'i1 GOc/C F or W eekly Use Only Hours To Nearest MON TUES FRI SAT SUN Four (4) hour minimum per man per day Please 00 NOT advanc e any money to employees TOH OUURSRS Please give billing copies to our employees WORKED Customer agrees to the terms and condition s set f orth on the rev erse h er eof and c ertifi es that the list employees have satisfactorily performed services for th e hours shown above AUTHORIZED SIGNATURE TITLE A ND/OR Owes to Employees DEPARTMENT Employee Owes 114 hu ul F Thur Fri Sat No of Men Sun Gooa Poot Days needed a gain Mon Tues Wed Starting Time Thu _ F t Sat Si n 1-'1 BAC i lllle TEMPORARY STAFFING INC 24 Hour Service Dave j► (l 8r ow ard (954) 316 8516 Dade (305) 756 6299 Fax (954) 587 0296 P O Number Worts Order ed By Start Timy Job Site Address/Contact Co mpany INo of Men Job Descnption/Coda Stree t Address / City i i t 1 ( f4-�I c-1 f, 1,2'it-1 State 'V ,lti1-1 '31 / 6Z!42 z y f --r PrimeTime TEMPORARY STAFFING INC 24 Hour Service ('Date Start Time Job Site Address/Contact INo of fMen Company I ''�. CLI Street Address Zip Code City r t Name) SS 1 - Name Employe e,.. . For Weekly Use O nly TUES Ho urs To Nearest 1/4 Moto SS M Name S S rt 4 f Name _-�� 4_ - l, d 1 SS w Name /JO Aver y* PA A.) SS Name SS it WED THURS FRI SAT Four (4) hou r minimu m pe r man per day SUN Please DO NOT advance any money to employees Please give billing copies to our employee s Customer agrees to the terms and co nditions set forth on the reverse side hereof and certifies that the list employees have satisfactorily performed services for the hours shown above AUTHORIZED SIGN ATURE Owes to Employees TOTAL HOURS WORKED TITLE AND/OR D EPARTMENT Employee Owes /I) i-1c fa x t r Days needed aga in Mon // _Tues Starting Time Wed Thur Fri Sat Sun PIPaeP Rip O ur WnrkPr¢ FYrrAllrAnt No of Men Cnnrf Pnnr L,. 8roward (954) 316 B S16 Dade (305) 756 6299 F ax (954) 587 0296 P O Number Work Ordered By State J ob Descnptton/Cocie fw/ /j,,1 /i j I I I( /V(_ 9/ e Zip Code Employee Name SS I Name SS Name SS Name SS 11 Name SS I Name SS a Four (4) hour minimum per man per day Plea se DO NOT advance any m oney to employees Please give billing copies to our employ ees Custome r agrees to the terms and conditio ns set forth on th e revers e e side her eof a nd certifies that th e list e mployees have satisfactorily pert d services for the hours sh For We ekly Use Only ON TUES WED THURS FRI SAT SUN TOTAL HOURS WORKED A Hours To Nearest 114 HO f AUTHORIZED SIGNATURE Owes to Employees Days needed again Mon Sta rting Time Ca- ove TITLE AND/ OR C! �' DEPARTMENT 1411Employee Ow es Tues Wed Thu F Sat NO of Men n INVOICE IA VOICE Pr � TAM? F PO eax t f Pi• (954)5457:- F JAMES A CUMMINGS 3575 NW 53RD ST FORT LAUDERDALE FL 33309 Job Site TICKET NO DATE ATE _1/15/03 W0 ICE 23092 151 -:jjf 7 88 WEST MC INTYRE REFERENCE _A - 11/15/03 _ ;- c — } IN °AiMENr P O BOX 181 FT LAUDERDALE, FL 3330 AMOUNT T I CKE 1 NU AMOUNT ,u ti E ,'. 158456 _. 158457 ''158458 2,58443 158444 158445 158523 158526 158527 158609 158610 158611 158665 158666 158667 11/10/03 11/10/03 11/10/03 11/11/03 11/11/03 11/11/03 11/12/03 11/12/03 11/12/03 11/13/03 11/13/03 11/13/03 11/14/03 11/14/03 11/14/03 srrent 1 - 30 Days t - 60 Days rer 60 Days Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice ' -sN� ONE 3" l N ►V 2 2003 I la J ;ti'FS ,1 CUMMLNGS INC 00 3,373 50 00 00 1 1 78 00 78 00 78 00 78 00 78 OC 78 OC 78 OC 78 00 78 OC 78 OC 78 OC 78 OC 78 00 78 00 78 00 158456 158457 158458 158443 158444 158445 158523 158526 158527 158609 158610 158611 158665 158666 158667 78 00 78 00 78 00 78 00 78 00 78 00 78 00 78 00 78 00 78 00 78 00 78 00 78 00 78 00 78 00 .7 `ti T J��' �A } C LUL3 ( TOTAL DUE 1,170 00 'E UPON RECEIP f lhis invoice represent, w13( -grid taxes alread/ paid a per annum set- 1�C ct 1 ss t ) 1 'I o glue balances DUE UPON RECEIPT Name Fou r (4) ho ur minimu m pe r man per day TOTAL Please DO NO T advance any money to employe es HOURS WO RKED Customer agrees to the terms and conditions set fo rth on the reverse side hereof and certifies that the list employees hav e sa tisfactonly parfod services for the hours shown above TITLE AND/OR SCI DEPARTMENT ^ c) Employe e Owes AUTHORIZED SIGNATUR E Owes to Employees Days needed again Mon uns we d Thur — Fn Sta rting Time Sal Sun o of Men Pno a rs, un • Met n GyroIlor s t" 11u1Li1.1111G TEMPORARY STAFFING INC 24 H our S ervice Site Addre ss/Cont Co mpan y Stre et Addre ss City 158454 State Barnard Dade Fax (954) 316 8516 (305) 756.6299 (954) 587-0296 P 0 Number Watt Ordered By s - Cam i (/1- < ( r (Zip Code SS If Name Fo r Weekly Use Only Hours To Nearest 1/4 Hour TUES SS I SS i< dio4uuj> Name yO-A1/7 kAi U Name SSs< Name SS » WED TH URS FRI SUN Please give billing copies to ou r emplo yees DA" 8h5 tPrimeTime 44 7r 4 _ TEMPORARY STAFFING INC 24 H our Service Stan Time Job See Address/C Company Street Address City Empl oyee Name SS r Name SS N N ame SS Name ` 1 SS • Name SS M N° 158457 7 Please give billing copies to our employees Custo mer agrees to the terms and conditio ns set forth on th e reverses a here o and certifie s that the list e mploye es have satisfactonly pe = d ser vic es f or th e hours sh own abov e AUTHORIZED SIGNATURE TITLE AND/ OR Owes to Employees y� DEPARTME NT Ern . oyee Ow es Stale froward Dade Fax P 0 N umber Work Ordered By Job Desc nptton/code For Weekly Use Only TUES WED THURS FRI SAT SUN (954) 316 8516 (305) 756 6299 (954) 587 0296 s Zip Code H ours To Nearest 1/4 rluu Four (4) hou r minimum p er man per day Please DO NOT advance an mon ey TOTAL. Y to employees HOURS WORKED Days needed•'again Mon Tues S tarting Time Thur F No of Men Sat Sun ti ni r-- 1 1111V 1 tsttl.. TEMPORARY STAFFING INC 24 Hour Service Dale 1 it? ( Job Site Address/Contact Company Stre et Address City Na me SS r Name SS ii Name SS N Name SS Name SS a Name SS it Start Time au N2 158458 No of Men b cb State Broward Dade Fax P 0 Number (854) 316-8516 (305) 756-6299 (954) 587-0296 Work Ordered By Job Desc npson Code . (1, /- STN For Weekly Use Only TUES WED THURS FRI SAT SUN 0 Zip Code Hours To Nearest 1/4 Hour Four (4) hour min imum per man per day Please DO NOT advance any mon ey to employe es TOTAL HOURS Ple ase give billing co pie s to o ur emplo yee s WORKED Customer agre es to the terms and c ondition s s et fo rth on the re ver— se e hereof certifies that the list employees have sa tisfacto nly performed se rvices for the ho urs shown abo ve AUTHORIZED SIGNATUVIE Owes to Employees Daysj)eeded again Mo n Starting Time Please Rate Our Wo kers Exc ellent Tu Em v' TITLE AND/OR DEPA RTMENT loyee Owes Wed ' Thur Fn Sat No of M en Sun Good Po or PriineTjffle TEMPORARY STAFFING INC 24 Hour Service Date w Job Site Address/Contact Company Street Address City Narnft SS e Name SS II SS I Name SS a Name SS N Name SSs N2 158443 No °Wen Stale / Employee I For r1 Fo ur (4) hour minimum per man per day TUES Broward Dade Fax P 0 Number Work Ordered By Job Descnpttont ode (954) 316 8516 (305) 756-6299 (954) 587 0296 A. eekty Use Only THURS FRI SAT SUN TOTAL HOURS Plea se billing Customer agrees to the terms and conditions set forth on th e re verse side hereof and c ertifi es that list employe es have satisfactorily perton„ ed services for the hours shown above �1- th e f , Zip Code Hours To Ne arest 1/4 Hour employees Please DO NOT advance any m oney to e give copies to our employees AUTHORIZED SIGNATU,jtE Owes to Employees Days needed again M on Tues TITLE AND/OR DEPARTMENT Employ ee Owes Wed Thur -- No nt RA., ., p, Start ng Time Fri Sat Sun " 1 .1111 TEMPORARY STAFFING INC 24 Ho ur Service Date Stan T tla Job Site Address/Contact Co mpany N2 158444 8roward Dade Fax (954) 316-8516 (305) 756-6299 (954) 587-0296 P O Number Work Ordered By No of Men ) Job DescnpbortJCode Street Address City tk Pm L Stale ) )CI'vqtS tjV4t Zip Code Na S e Name SS 0 Empl le a( Fo r Weekly Use Only Hours To Nearest 1/4 Ho ur A v 4 M ON Name SS I Name TUES WED SS it Name THURS SS N Name SS N FRI SAT SUN Four (4) hour minimum per man pe r day TO TAL Please DO NOT advance any mo ney to employee s HOURS Please give billing copies to ou r employees WORKED Customer agrees to the te rms and conditio ns se t forth on the revers a die he reof and certifies that the list employees have satisfactonly performed serv ices fo r the hours shown above Bhvs AUTHORIZED SIGNATU RE QS cj ck �� Ir TITLE AND/OR 2 1)0 Owes to Emplo yees DEPARTMENT J Employee Owes p(t )\\ Days nee de d again Mon Tues Wed ' Thur Starting Time Fn Sat Sun Please Ra te Ou Wo ke s Excellent No of Men G ood Poor PrimeTjnie TEMPORARY STAFFING INC 24 Hour Service Date Job Site Address/Contact Comp any Street Addr ess City Employee Name SS lit Name SSa Name Name SS r Name SS N Name SS M N� 158445 No of Men State 9roward D ade Fax (954) 316 8516 (305) 756 6299 (954) 587-0296 P 0 Number Work Ordered By Job DescnptioMC ode F or Weekly Use O nly 'r MO TUES THURS FRI SAT SUN Four (4) hour minimum per man per day Please DO NOT advance any TOTAL money to employees H OURS Please give billing copies to our employees WORKE D Customer agrees to the terms and conditions set forth on the r everse de hereof and certifies that the list employees have satisfa ctonly ormed services for the hours shown above AUTHORIZED SIGNATURE ��'�� r�� TITLE AND/OR Owes to Employees DEPARTMENT Employee Owes 4 " Zip C ode 8 Hours To Nearest t14 huui Days needed again Mon Tues We d Thu F Sat starting Time No 01 Men Sun " r-'' lull, , l !1U TEMPORARY STAFFING INC 24 Hour Service Date Job Site Address/Con tact Company Stre et Address `C`71 r A ) City Stale Zip C ode N2 158523 i k Broward Dade Fax (954) 316 8516 (305) 758-6299 (954) 587-0296 Emplo yee Nam SS i Name SS a Name SS I Name SSa Name ss it Name SS a THURS 'h. Four (4) hour minimu m per man pe r day For Weekly Use Only MON 4 TUES FRI SAT SUN H ours To "wow 114 hour TOTAL Y HOURS Pleas i billin g Custome r agrees to the terms co nditions se t fo rth  �� , 5 list employees ha ve satisfactonl e rfo on reve rse side tier " end certifies that the Y P r ad services for the hours shown above Please DO NO T advance any mono to employee s e give co pies to our e mplo yee s AUTHORIZED SIGNATt3fE Owes to Employees Days needed again M on Starting Time Please Rate Our Wo rkers Exc ellent Tues TITLE AND/OR DEPARTMENT Employee Owes Wed Thur No of Me n Good _ Fri --Sat Sun Poor " PrimeTime TEMPORARY STAFFING INC 24 Ho ur Ser vice Company Stre et Address City Name Name SS Name SS 0 Name SS " Name SS a Name Customer agrees to the terms and conditi ons - " forth��" .3, list employees hav e satisfactorily pe o i ii Broward D ad e Fax W,t 1,.., .j State Employee For Weekly Use Only Sr AUTHORIZED SIGNATURE Owes to Employees Days needed again Mon Starting T1me (954) 316 8516 (305) 758-6298 (954) 587 0296 Zi r Cod e Hours To N earest 1/4 tiour ver se side hereof and certifi es that the ed services 1o�% the hours shown above 1 E AND/ OR CIA TITLE DEPART MENT Tues  Wed Employee Ow es Thur F S at SUn A rte ' 0rr pi No of Me n AUTHORIZED SIGN ATURE Owe s to Emplo yees 1-4•1 1111V 111110 er and ' (954) 316-8516 TEMPORARY STAFFING INC Dade (305) 756-6299 Fax (954) 587-0296 24 Hour Service N2 158527 Date Start 11-I-2- c Job Site Address/Contact SS Name SS M Name a I SS k Name SS rr Name SS K Name SS N Four (4) . r minimum per man per day TOTAL Ple ase DO NOT advanc e any money to e mployees HOURS Ple ase give billin g copies to o ur e mployees WORKED Customer agrees to the terms and conditions set forth on the reverse side hereof and certifies that the list employees have satlsfa ctonly pe rforme d service s for the hours shown above ` TITLE AND/OR No of Men i P O Number Work Ordered By / P As k._ . Job D.ecnpbo&Code DEPARTMENT Employee Owes Da ys needed again Mo n Tues Wed Starting Time Thur Fn Sal Sun Ple ase Hale Ou r Workers Exce llent No of Me n — Goo d Poor • PrimeTime TEMPORARY STAFFING INC 24 Hour Service N2 158609 Job Site Address/Contact Company Street Address Name Y SS r Name SS I Name SS Name SS I Broward Dade F ax (--(-{(A, 8 (954) 316 6516 (305) 756-6299 (954) 587-0296 Ho urs Eo Nearest 1/4 Flo ut TUES WED THURS FRI SAT SUN Custo mer agree s to the terms a nd conditions set f orth on the revers` ee hereof and ce f list emplo yees have satisfactorily performed $ervlces fy� the hours shown above rt+f►es that the AUTHORIZED SIGNATURE T /s TITLE AN D/ OR Owes to Employees Employee Owes Days needed again Mon Start n9 T ime G DEPARTMENT Tues Wed Thur No of Men /Ahoy F Sat Sun _ -� 11ILt , TEMPORARY STAFFING INC 24 Ho ur S ervice / Date r J Start Time N2 158610 eroward Dade Fax P 0 Number (954) 316 8516 (305) 756-6299 (954) 587-0296 Work Order ed By Job Site Address/Contact t. Company — ---� / No 01 Men Job Descnption/Code Street Address City Name SS I I Name A c tJ Name / Q A ti>1fir N *1i r) SS r SS Name SS i+ Fou r (4) hou r min imum per man per da y Stale Zip ode 11 _s Please DO NOT advance a ny mone yo employees Plea se give billing copies to our employees WED THURS FRI SAT SUN TOTAL HO URS WORKED 8 /) Custome r agrees to the te rms and conditions set forth on the reverse side hereof and certifies that the list employees have satisfactonly performed services for the hours shown above � , EPATULE AND/OR MENT Employee Owes Hours To Nearest U4 Hour AUTHORIZED SIGNAT UR E Owes to Employees - • PrimeTime TEMPORARY STAFFING INC 24 Hour Ser vice Start Tune Job Site Address/Contact Company Street Address SS r Name SS r Name SS Name SS N N° 158611 cT Four (4) hour minimum per man p er day Please DO NOT advance a ny moneyllo employ ees Please give billing copies to our employees Customer agrees to the terms and co nditions s et forth on the reverse si de hereof an d certifies that th e list e mployees have sallSfactonly performed services it s the hours shown above AUTHORIZED SIGNATURE Owes to Employees ON TUES WED THURS FRI SAT SUN Br oward Dad e Fax P O Number Work Ordered By Job Descnption/C ode (954) 316 6516 (305) 756-6298 (954) 587 0296 .141 /AI C S t TOTAL HOURS WORKED 5 t, TITLE AN D/OR DEPART MENT/ Employee Owes Days needed again M on Tues Wed Starting Time Thur Fn Sal Sun P lea se Rate Our Wo rkers Exce lle nt No of Me n Goo d Poor Days neede d aga in Mon Starting Tale a Tues We d Thur F 1> • Sat Sun No of Men .prlmeiime TEMPORARY STAFFING INC 24 Hour Service ' /Date�! Stan Time Job Site Address/Contact Co mpan y Street Address City N2 158666 Broward Dade Fax (954) 316-6516 (305) 756-6299 (964) 567-0296 P 0 Number Woric Ordered By No of Men / r' \ t, Job Descnpbo ntCode 1 r I (.2,imi4-7, 41c r- ��7e( /(C _Z-0 rte state code Name \ SS ti ame SS N Employee TUES Fo r Weekly Use Only Hours To Near est 1/4 Hour Name SS N Name SS w Name SS N Name SS N 1 v 2 WED THURS Four (4) hour minimum per man per day TOTAL Ple ase DO NOT advan ce an y mon ey to employe es HOURS Please give billin g copies to ou r e mployee s WORKED k �- S Custo mer agree s to the te rms an d conditions set forth on the reverse side hereof an d certifies that the list employees have satikfactonly performed services It the hours shown above >t FRI SAT SUN 8 AUTHORIZED SIGNATUR E Owes to Emplo yee s c a T Days nee ded aga in Mon Tue s Wed Start ng T me TITLE A ND/OR DEPARTMENT Emplo yee O we s Thur Fri No of Men - Sat 4 r Sun . - PrimeTime TEMPORARY STAFFING INC 24 H our Ser vice Job Sit e Address/Contact Compa ny Street Addr ess City Name Name SS II N ame SS Name SS I N2 158665 State SS r TUES WED THURS FRI SAT SUN Browa►d D ade Fax P O Number Work Ordered By Job D escnptio n/Cocie 4'1 VAJ Fo ur (4) ho ur minimum per man per day Ple ase DO NOT advance an TOTAL Y money to empl oyees HOURS Please give billing copies to o ur employees WORKED Customer agrees to the terms a nd conditi ons set forth on the r everse sid e hereof a nd certifies that the list employees ha ve s atis tactority pert ed services f the hours shown above AUTHORIZED SIGNATURE j� /' TITLE AND/OR b9) -- Owes to Employees DEP ARTMENT Employee OweS (954) 316-8516 (305) 756-629ff (954) 587-0296 Zip Code Hours 'To Nearest 1/4 ro ut Days needed again Mon Starting Time IDIAAww A A ti Tues Wed Thur No of Men F Sat Sun PrimeTinc TEMPORARY STAFFING INC 24 Hour Service Date t✓ Start Time Broward (954) 316 8516 Dade (305) 756 6299 Fax (954) 587-0296 P 0 Number OescnphoN Work Ordered 8y Job INo of Men Code Job Site Address/Contact Company Street Address City State Zip Code Nemec e Ent aye, ( r� For Weekly Use Only Hours To Nearest 1/4 glow r Q a r SS — MON Name SS r TUES Name 1 ,. ss e L1 A I + f WED Name SS r THURS Name SS r FRI Name SAT SS # SUN Four (4) hour minimum per man per day TOTAL Please DO NOT advance any money to employees HOURS i +-- WORKED _. V !'lease give billing copies to our employees { S ____,_,) Customer agrees to the terms and conditions set forth on the reverse side hereof and certifies that the l- list employees have satisfactorily performed services fbr the hours shown above l 1 : " — Till c ewninta �1 i t..•.♦ AUTHORIZED SIGNATURE DEPARTMENT I Owes to Employees Employee Owes Days needed again Mon Tues Wed Thur Fri Sat Sun I Starting Time No of Men i Please Rate Our Workers Excellent Good Poor WHI'E Customer YELLOW Buhng Copy PINWGOLOEN ROO Office Copy t Griffin Dewaterine South Florid' L L C P 0 BOX 972979 D4LLXS, TX 75397-2979 (954) 969-8854 Bill To JA ES A CUMMINGS INC 3,7i NW > >rd Street Ft Lauderdale FL 33309 Attn Invoice Number 431 t, 9 Invoice Date 11/20/ /00 1 Customer Number PJAt)2t1 Job Number PRO720 P 0 Number Salemin DH Ship To ke' Bisc CIA is CLilte 88 W McIntyre St Kej Bisc 1N ne FL Terms DUE UPON RECEIPT GRIFFIN Ship Date Description Qt% I Amount 11/06/2003 11/06,2003 1 6 Vacuum Assist Pump Unit #614 1 day rental 11/06 - 11/07/03 Freight in/out at $1)0 each way RECEIVEL DE' 9 2093 ,,t Subtot it State S iles Ta\ Locil Sales T 1\ Amount Due _An, ( 'r (C t $200 00 $300 00 © JIV ! I4flE' Ut 0 2003 JAMES ,-t C^U M1NGS INC ( C'CRP RATE >>-1()1) INVOICE FROM GRIFFIN DE!AATER ! NG SCFL FAX NC 95496991-73 No \, 07 200: 05 2IPM P2 r Branch POMPANO BEACH Date November 6. 2003 GRIFFIN Job no PR0720 Customer's PO No GRIFFIN Griffin Oewaterinq South Florida LLC 1321 N W 13th Ave Pompano Beach Florida 33069 Phone (954) 969.8854 Fax (954) 969 9173 GRIFFIN DEWATERING SOUTH FLORIDA, LLC Rental Agreement LESSOR GRIFFIN DEWATERING SOUTH FLORIDA. LLC a Florida Corporation Address 1321 N W 13`k Avenues Pompano Beach, FL 33069 LESSEE James A Cummings, Xnc. (305) 361 9227 Address 530 Crandon Blvd , Key Biscayne, FL 33149 Lessor, for the consideration hereinafter named, leases the following equipment (including fittings and other accessories) 1 — 6" Vacuum Assist Pump,, Unit #614, or completely described in Lessor's shipping list provided at time of equipment pick up by, or delivery to Lessee (this shipping list is incorporated in this document as if set out in full), said equipment to be used solely and exclusively for the Key Biscayne Caw Center job, located at $8 West McIntyre Street. Bev Biscayne, FL 33149 The Lessee agrees to pay for the use and lure of saidequipinent for a minimum period of One day or longer, to be charged in the following manor Daily rental 5200 00 vlus tai, not to exceed 5650 00 a week plus tax 2"d week rental 5650 00 plus tax, 3'd week rental 5375 00 Dios tax. 4th week rental N/C. 2" month rental 51,675 00 plus tax. and for every month after that: 51,675 00 plus tax Special rental arrangements in the following manner N/A all rental rates exclude applicable taxes, if any, which arc additional) Lessor agrees to rent Lessee the following INSTALLATION EQUIPMENT installation of systems for a minimum period of at the rate of for $ per in addition to the above rental charges Rental charges will continue to accrue until return of INSTALLATION EQUIPMENT to Lessor rot. 41.0 I FROM GRIFFIN DEWATE I NG SCFL FN . NO 95496991'3 Nov 07 2003 05 22PM P3 PRd720 ILM1M RENTAL TERMS The rental period starts on the date of the shippui at List yard, and shipment from the Griffin yard The rental period ceases on receipt of the equipment th longer for prepaid (by the lessee) or the minimum rental period which ever pro-rated r per subsequent use, after the agreed minimum period has expired, the rental p diem on a 25 day per month basis, any portion of a day to be considered a full day All amounts due under this agreement are payable in Houston, Harris County, Texas upon receipt of invoice DELIVERY AND ROUTING Lessor will ship equipment and fittings F 0 B Gnifin t location in Poam L o B • h FL _ and Lessee agrees to pay the freight, transport said equipment to the job, assemble, install and dismantle same, and prepay the freight for the return of the equipment to Lessor's place of origination upon termination of this agreement If Lessee elects not to pay the freight directly, and Griffin pays for Freight, it will be charged to Lessee at cost plus 15% The equipment shall be returned to Lessor clean and in the saute condition as when originally shipped from Lessor, except for usual wear and tear If Lessee elects that the equipment is shipped by Lessor's own truck, transport equipment usage shall be charged at 5150 00 in and $150 00 out, plus applicable sales tax ALL CLAIMS TOR EQUIPMENT NOT FUNCTIONING PROPERLY OR 1 HE TYPE OF EQUIPMENT BEING INAPPROPRIATE FOR THE PROJECT SHALL BE MADE WITHIN 48 HOURS OF INSTALLATION OR THEY ARE WAIVED THIS AGREEMENT IS SUBJECT TO ALL TERMS AND CONDITIONS AND INDEMNITY ATTACHED TO THIS AGREEMENT This agreement is not effective unless approved by an authorized officer of Lessor James A Cummmes, Inc By (Lessee) Signature Print/Tule � I Griffin Dewatering South Florida, L L C By ei,'O Aftm4Y 'R ( (Lessor) Signature David Handy -- Branch Manager Prtnt%Tttle witness 2 James A Cummings, In 3575 Northwest 53rd Stree Fort Lauderdale FL 33309 emrnini General Contractors November 7 2003 SKYLINE MANAGEMENT GROUP, INC 88 West McIntyre Street Key Biscayne, FL 33149 Phone 954-733-4211 Fax 954-485-9688 Website wwwiamesacummmgs corn TRANSMITTED VIA HAND DELIVERY ATTN Mr Paul Abbott, Project Director RE KEY BISCAYNE CIVIC CENTER - COMMUNITY CENTER NOTICE OF WEATHER IMPACTS Dear Mr Abbott, Due to the rains storms and the subsequent flooding occurring on November 6, 2003 at the Village of Key Biscayne Community Center site, James A Cummings, Inc is providing a notice of impacts realized by the unforeseen weather conditions Impacts for the Community Center include, but are not limited to the following • Lost Workdays due to weather and clean up • Equipment Costs to mitigate the impact and clean up • Labor Costs to mitigate the impact and clean up The costs and required extension to the project schedule are not discernable at this time, once these impacts become apparent, we will advise you accordingly A Change Order will be required to properly adjust the cost and time of this project in accordance with applicable provisions of the Agreement, including Articles 10 and 16 If there are any questions and/or concerns regarding this matter please do not hesitate in contacting this office at (305) 361-9227 for discussion Sincerely, JAM A UMMINGS, INC der Smith Jr ject Manager Cc Jose Aguila ROBERT G CURRIE PLRTNFRSFIIP via fax (561-243 8184) Rick Derrer JAC Eric Syuilla JAC Rob Maphls JAC FILE Feb 17 04 04 06p Key 8isceyne Civic Center 3053615847 P 2 1---7g.--0t/V-Dri i \-1 ‘-t'' C� -ur,1mrrs L- enerN C 5s-irrc .:r5 February 5, 2004 SKYLINE MANAGEMENT GROUP [NC 88 West McIntyre Street Key Biscayne, FL 33149 James A. Cummings, Inc 3575 Northwest 53rd Street Fort Lauderdale FL 3330$ r r -w- --_ .. Phone. 954-733,4211 Fax 954-485-9688 Website wwwiamesacummmgs corn TRANSMITTED VIA FAX (305) 573-2620 A T t 4 Mr Paul Abbott, Project Director RE KEY BISCAYNE CIVIC CENTER — COMMUNITY CENTER BUILDERS RISK INSURANCE Dear Mr Abbott, Janice A Cummings, Inc identified the completion date of the Village of Key Biscayne Community Center as March 29 2004 in the James A Cummings, Inc Guaranteed Maximum Price Proposal dated October 17, 2002 Due to the extenuating circumstances that have arisen for the commencement and re- commencement of Work at the Community Center, a devised completion date of October 9, 2004 has been approved through the execution of Amendment No 13 As discussed with VKB/SMG prior, the Builders Risk Insurance policy for the Community Center will expire on March 29, 2004 VKB/SMG has stated that the possibility of the Owner assuming the insurance liability through an insurance company ("League of Cities Insurance") Please follow-up on this matter as soon as possible and notify James A Cummings, Inc on the Owners intention To assure the same insurance rates, James A Cummings, Inc has extended the current policy to October 9, 2004 This payment for time extension is reimbursable upon the Owner assuming the insurance coverage prior to March 29 2004 Your immediate attention to this matter is greatly appreciated If there are any questions and/or concerns regarding this matter please do not hesitate in contacting this office at (305) 361 9227 for discussion Sincerely JAMES/• UMMINGS, INC Al der Smit Jr P ject Manager Cc Eric Squilla JAC Pam Kalis JAC FILE pllp. tt..eaq .•+"mik colZ min carer tdiat"C" tr 7114-1W tp2•1 Nt 4 ITTIA S Gmd trr.4�h r it 1 L L, Lo DGf I vii TiirCr k,wr C_I:min vtiA*Z4 I sviAt,iv4N VAVIkreli Willis Fax Willis Corroon Corporation of Florida 7650 Courtney Campbell Cause y Suite 920 Tampa Florida 33607 To From Date Claudia James A Cummings Inc Shan L Segall Vice President Direct Line 813-490-6814 E-mail Shari Segall©willls corn September 25, 2003 No of Pages 1 Subject Village of Key Biscayne Claudia Telepncna 813 281 2095 Fax 813 281 2234 Website www wlllis corn RECEIVED Sr p 1 James A L _ t -II i,s Inc Key E'scm, tic j-ik.fc, Ce firer The insurers for the Builders Risk and Windstorm Deductible Buy Back policies for the above captioned project have advised a premium of $84 793 to extend coverage until October 6 2004 Please give me a call if you have any questions Thanks'   7.---� ---vis tET 7/1,,,t, # FLORIDA DEPARTMENT OF MANAGEMENT SERVICES JEB BUSH Governor Alex Smith, Jr James A Cummings, Inc 3575 N W 53rd Street Ft Lauderdale, Florida 33309 December 9, 2003 WILLIAM S SIMON Secretary Re VKB-98069000 Proposed Village Civic Center, Community Center, Fire Station & Police Station  Community Theater/Council Chambers, Village of Key Biscayne Gentlemen Pursuant to Section 20 05(1)(b), Flonda Statutes, the Director of the Division of Facilities Management and Building Construction, Department of Management Services, hereby approves Change Order Number 003 as follows Present Contract Sum This makes the Contract Total The Contract Time will remain the same $10,993,121 59 ADD $ 34,363 00 $11,027,484 59 The date of Substantial Completion as of the date of this Change Order is February 19, 2003 Sincere y, u cc Lahey Project Manager n of Facilities Manage mg Construction Comptroller Client Agency Permitting Project File nt and Division of Facilities Management and Building Construction 921 North Davis Street Jacksonville Florida 32209 Telephone 904 359 6093 " Fax 904-359 6281 December 2, 2003 DEPARTMENT OF MANAGEMENT SERVICES FACILITIES MANAGEMENT & BUILDING CONSTRUCTION Building C 921 North Davis Street Jacksonville, Florida 32209 TRANSMITTED via fax (904-359-6281) ATTN Mr Jere Lahey, Project Director RE KEY BISCAYNE CIVIC CENTER FIRE RESCUE, POLICE, ADMIN BUILDINGS & SITE INFRASTRUCTURE PRE -CONSTRUCTION SERVICES FOR OWNER CHANGE ORDER NO 3 Dear Mr Lahey, Excluded from Owner Change Order No 3 was the Original Contract amount for Pre -Construction Services in the amount of $113,190 This was an oversight on the part of myself The incorporation of Pre -construction Services in the amount of $113,190 00 to the summary indicated on page two (2) of OCO #3 will bring the New Total Contract Amount through the indicated Amendment No 8 to $23,339,927 00 The deduction of Owner Change Orders Nos 1 & 2 as indicated on OCO #3 from this New Total Contract Amount, a Contract Sum of $21,080,725 59 realized A breakdown of these revised amounts is as follows Contract Sum $21,080 725 59 Subtotal $21,080,725 59 Net Add/Deduct $34,363 00 Pres Contract Sum $21,080,725 59 New Contract Sum $21,115,088 59 Once Amendments 5, 6, 7 & 8 as indicated on OCO #3 are deducted from this New Contract Sum, a Final D M S Contract Amount of $11,027,484 59 is realized If there are any questions and/or concerns regarding this matter please do not hesitate in contacting this office at 305-361-9227 Sincerely, JAMES A CUMMVIINGS, INC ASJ Alexander Smith Jr Project Manager VKB-98069000 Village of Key Bi scayn e - Fire Stati on & P olice and Adminstration Buildings Comparison JAC's DMS Contract to JAC's Contract with VKB & DMS Date 12/02/03 Contract Admendments Preconstruction Services Admendment #1 Admendment #2 Admendment #3 Admendme nt #4 Admendment #5 Admendment #6 Admendment #7 Admendment #8 Subto tal Change Order No 1 Change Order No 2 Change Order No 3 To tal W ork Description Fee Fire & Police GMP FP&L Ductbank Site Phases 1 2,3 & 5 Police Revisions Community Center Force Main Generator Structure VKB Changes JAC Contract DMS Contract Only DMS DMS DMS DMS DMS VKB VKB VKB VKB DMS DMS DMS $ 113,190 00 $ 10 715 380 00 $ 801,660 00 $ 1,433,035 00 $ 189 058 00 $ 13,252,323 00 $ (1,140,899 62) $ (1,118,301 79) $ 34,363 00 $ 11,027,484 59 DMS & VKB Contract $ 113 190 00 $ 10 715 380 00 $ 801 660 00 $ 1 433 035 00 $ 189,058 00 $ 9 818,670 00 $ 156 089 00 $ 72,760 00 $ 40 085 00 $ 23 339,927 00 $ (1,140 899 62) $ (118,301 79) $ 34 363 00 $ 22,115 088 59 The spreadsheet comparison above is to explain why the proposed Change Order #3 does not directly reconcile with our database records The reason is James A Cummings has accepted additional work scope directly with the Village of Key Biscayne (not through DMS) Thus the need to hand mark u the Change Order to approve only DMS contract amounts p Dc,partment of Management Services Division of Facilities Management and Building Construction CONSTRUCTION CONTRACT CHANGE ORDER Change Ordcr Number 3 State ProJcct Number VIER 9R06900() State Project Name Prnpo ed V�llagc CIVIL C'� Ott r„C'nmm��n Village at Key Biscayne Florida Architect/Engineer Spills C Sande la DMJM and ORM Miami Address City State/Zip Phone Contractor James A C'ummin s Int Address 3575 N W 51rd Street City Ft I auderdale State/Zip Florida / 11309 Phone 954 733 4211 DESCRIPTION OF CHANGE (Attach additional pages if required) Owner MaterielJ'urchase5 Purchase.s?rder Reconciliation 2108 Concrete — Police 2109 Concrete — Fire 2111 2113 2117 2119 2120 2122 2136 2140 2148 2151 2152 2158 2159 2160 2161 2163 2164 2165 2166 2167 2168 2176 2177 2178 2182 2183 2184 2185 2198 220.) 2206 2207 2208 Reinforcing Steel — Police Masonry - Fire Doors, Frames Hardware — Police Switchgear — Police Light Fixtures — Police Light Fixtures — Fire Air Distribution — Fire Structural Steel — Fire Structural Steel — Police Underground Utilities — Fire Underground Utilities — Police Stucco/Drywall — Fire Stucco/Drywall — Police Fire Sprinklers — Fire Fire Sprinklers — Police Ceramic Tile — Police Ceramic Tile — Fire Porcelain Tile — Fire Porcelain Tile — Police Tile Grout — Police Tile Grout — Fire Ceramic Tile — Fire Tile Setting Material — Fire Wood Truss Fasteners — Fire Stucco/Drywall — Police Plumbing Fixtures — Police Plumbing Fixtures — Fire Ductwork — Fire Metal Roofing -- Fire Paint — Fire Paint — Police Doors Frames Hardware — Fire Doors Frames Hardware — Police Decrease In 1 542 00 2,586 00 Increase In 35 935 00 19,560 00 14,000 00 92 00 2 00 2 211 00 65 00 2,659 00 5 344 00 237 00 17 00 9 369 00 432 00 6 022 00 13,421 00 301 00 19 00 342 00 4,000 00 500 00 2 500 00 1 300 00 8 237 00 1 073 00 13 288 00 645 00 330 00 9 000 00 807 00 9 00 9 079 00 18 00 3 287 00 DIiC 5006 RLvNNcd 4/03 RESOLUTION NO 2004-17 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND THE CITY OF MIAMI FOR FIRE, RESCUE, AUTOMATIC AIDE AND ANCILLARY SERVICES AT THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR CONTINUED SERVICES TO BE PROVIDED BY THE CITY OF MIAMI TO THE VILLAGE OF KEY BISCAYNE FOR AUGMENTATION OF FIRE RESCUE AND RELATED SERVICES, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village has requested certain fire, rescue and fire inspection services be performed by the City of Miami Fire Department to augment the fire protection services provided by the Village Fire Rescue Department, and WHEREAS, the City of Miami is desirous of continuing to provide such services for the Village on a contractual basis, and WHEREAS, the Village Council finds that approval of the attached Agreement between the Village of Key Biscayne and the City of Miami is in the best interests 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 Agreement Approved That the Agreement between the Village of Key Biscayne, Flonda and the City of Miami for Fire, Rescue, Automatic Aide and Ancillary Services at the Village of Key Biscayne, Flonda (the "Agreement") in substantially the form attached hereto, is hereby approved and the Village Manager is hereby authonzed to execute the Agreement on behalf of the Village, once approved as to legal form and sufficiency by the Village Attorney Section 3 Implementation That the Village Manager is hereby authonzed to take any necessary action 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 13th day of Apnl , 2004 /Ltd« (- MAYOR ROBERT OLDAKOWSKI CONCHITA H ALVAREZ, CMC, VILLAGE APPROVED AS TO FORM AND LEGAL SUFFI A} 103 001/Resolutions/Resolution for Agreement Between Village and Miami Re Fire Rescue 3 23 04 2 AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND THE CITY OF MIAMI FOR FIRE, RESCUE, AUTOMATIC AID AND ANCILLARY SERVICES AT THE VILLAGE OF KEY BISCAYNE, FLORIDA THIS AGREEMENT, entered into this day of 200Y, by and between the Village of Key Biscayne, a municipal corporation of the State of Florida (the "VILLAGE"), and the City of Miami, a municipal corporation of the State of Florida (the "CITY") WHEREAS, the VILLAGE has requested certain fire, rescue and fire inspection services be performed by the CITY to augment the fire protection provided by the VILLAGE which services are the responsibility of the VILLAGE to provide, and WHEREAS, the CITY is desirous of continuing such services for the VILLAGE on a contractual basis and has thus negotiated this Agreement, and WHEREAS, the VILLAGE desires to engage the CITY to implement such services on a contractual basis until such time as this Agreement may be canceled by either party in the manner provided for herein, NOW, THEREFORE, in consideration of the mutual premises and covenants herein contained, it is agreed as follows SECTION I DEFINITION AND PURPOSE A DEFINITIONS 1 "MIAMI FIRE -RESCUE DEPARTMENT" means the CITY's Department of Fire -Rescue 2 "KEY BISCAYNE FIRE RESCUE DEPARTMENT" means the VILLAGE's Department of Fire Rescue 3 "CITY FIREFIGHTER" means full-time, fully paid State Certified Fire Fighters, Officers, EMTs or Paramedics according to Miami Fire -Rescue Department job descriptions 4 "VILLAGE FIREFIGHTER" means full-time, fully paid State Certified Fire Fighter/Paramedics, Fire Fighter/EMTs, or Officers, according to Village of Key Biscayne job descriptions which are equivalent to or exceed MIAMI FIRE -RESCUE DEPARTMENT job descriptions 5 "FIRE VEHICLE" means an apparatus meeting the appropriate requirements as set forth in NFPA Standard 1901 6 "ADVANCED LIFE SUPPORT RESCUE VEHICLE" means an apparatus meeting the requirements as set forth by the State of Florida 7 "Appropriate equipment, material and personnel", as used in SECTION II, SCOPE OF SERVICE, paragraph A Through J , means that which has been determined to be sufficient and appropriate for the specific situation by joint agreement of the City Manager or designee and the Village Manager or designee 8 "Major Emergency" means those incidents that extend longer than one (1) hour in duration 9 "NORMAL WEAR AND TEAR" shall be defined as typical maintenance problems that occur because of parts or equipment malfunction and inoperability due to age It shall not include such things as operator error, failure to follow operational and/or safe procedures, damaged equipment due to mistreatment or accidents, lost equipment and similar situations If the parties do not agree on whether the damage was caused by "normal wear and tear", the Original Equipment Manufacturer will make the determination B PURPOSE The purpose of this Agreement is to state the terms and conditions under which the CITY will provide fire, rescue and ancillary services to augment the VILLAGE's fire rescue service as set forth in SECTION II of this Agreement SECTION II SCOPE OF SERVICE The CITY agrees, in accordance with the terms of this Agreement, to provide the following Fire -Rescue services to the VILLAGE providing that the VILLAGE maintains a fire rescue 3 service consisting of an on -duty force of at least one FIRE APPARATUS staffed with four fully paid VILLAGE FIREFIGHTERS (as specified within NFPA 1710) and one ADVANCED LIFE SUPPORT RESCUE VEHICLE staffed with three fully paid VILLAGE FIREFIGHTERS and all required equipment MIAMI FIRE -RESCUE DEPARTMENT shall respond upon request to staff the VILLAGE Fire Station once Key Biscayne, • Units have responded to two calls for service and the Officer in charge of the second unit dispatched has determined his/her unit's services shall be required for more than a minimal amount of time, and the Officer has also determined that the other Key Biscayne unit is not close to returning to service or in a close proximity to the VILLAGE • Has had all units dispatched and the incident commander has determined that services from all units shall be required for longer than a minimal amount of time A Automatic dispatch of appropriate equipment, material and personnel for fire suppression purposes to augment KEY BISCAYNE FIRE RESCUE DEPARTMENT resources shall be according to the dispatch criteria, using MIAMI FIRE -RESCUE DEPARTMENT situation codes B Automatic dispatch of appropriate equipment, material and personnel for emergency medical purposes to augment KEY BISCAYNE FIRE RESCUE DEPARTMENT resources shall be according to the 4 dispatch criteria, using MIAMI FIRE -RESCUE DEPARTMENT situation codes C Material and personnel for fire inspection, plans examination and investigation purposes as set forth in APPENDIX II attached hereto and made a part hereof D Material and personnel for initial fire recruit training for the VILLAGE's newly hired firefighter candidates KEY BISCAYNE FIRE RESCUE DEPARTMENT will be responsible for all other types of training, (including the cost of EMS re -certification training) and staffing in services units (as specified within Section II - Scope of Services) caused by vacancies due to on - duty FIREFIGHTERS' participating, if they are unable to respond E Material and personnel for VILLAGE vehicle and equipment maintenance due to normal wear and tear F Material and personnel for VILLAGE 800 MHz Communications equipment maintenance due to normal wear and tear G Material for maintenance of Computer Aided Dispatch System utilized by the Village of Key Biscayne Fire Rescue Department H Material and personnel for the provision of VILLAGE firefighting and medical expendable supplies used as a result of emergency operations and required training I Material and personnel for EMS quality assurance J Material and personnel for command and control of incidents involving MIAMI FIRE -RESCUE DEPARTMENT units as set 5 forth in APPENDIX III attached hereto and made a part hereof The parties agree that all materials and personnel for non - emergency activities (i e , parades, community events, etc ) shall be the responsibility of the VILLAGE, including the cost of staffing service units cause by vacancy due to on -duty FIREFIGHTERS' participation SECTION III TERM Subject to the cancellation provision set forth in Section X hereof, the term of this Agreement shall be for a period of five (5) years commencing on April 1, 2004, and terminating on March 31, 2009 The parties may mutually agree to extend the contract for up to one (1) year to negotiate and approve the subsequent agreement SECTION IV COMPENSATION A The CITY will charge the minimum monthly fee set forth in the fee schedule labeled APPENDIX I, attached hereto and made a part hereof, commencing on April 1, 2004 (the "Minimum Fee") This charge for fire rescue services shall be for equipment and personnel required to augment routine Key Biscayne Fire Rescue Department services and protection, as necessary, in accordance with MIAMI FIRE -RESCUE DEPARTMENT Standard Operating Procedure 6 B In the event of a Major Emergency, as further described in this section, in addition to the MINIMUM FEE, an additional Major Emergency fee as set forth in APPENDIX I shall be charged to the VILLAGE For the purposes of this Agreement, a "Major Emergency" is defined as those incidents that extend longer than one (1) hour in duration Not considered Major Emergencies are minor fires, rescue runs, small hazardous materials incidents and those incidents that have been routinely handled in the past, elsewhere in the CITY and the VILLAGE, by its Fire Department, by routine custom and practice C For the purpose of invoicing, when Major Emergencies occur, the VILLAGE will make payment within ninety (90) days after mailing by the CITY of the invoice for services Interest at the rate of twelve percent (12%) per annum shall automatically accrue on delinquent invoices from the ninety first (91) day after invoicing until they are paid D The charges as set forth in the attached fee schedule, APPENDIX I shall be the maximum hourly rates for equipment and personnel with the time for such charges to be calculated from the time of the alarm to the time the responding MIAMI FIRE - RESCUE DEPARTMENT units return to City service The hourly charges shall be prorated for fractional parts of an hour with minutes being the smallest increments Such charges are based upon at least four (4) CITY FIREFIGHTERS operating each Aerial, Quint, Haz Mat Apparatus, Foam Pumper and Pumper, three (3) CITY 7 FIREFIGHTERS operating each Rescue and one (1) CITY FIREFIGHTER operating the Air Truck, and one (1) District Chief listed in the major emergency fee schedule In the event fewer CITY FIREFIGHTERS are provided, the charge will be reduced proportionately E The CITY will provide a monthly invoice for routine services and protection, with appropriate documentation as required The VILLAGE shall make payment within thirty (30) days after mailing by the CITY of the invoice for services Interest at the rate of twelve percent (12%) per annum shall automatically accrue on delinquent invoices from the thirty-first (31) day after invoicing until they are paid F Charges for fire watches shall be the same OFF DUTY OVERTIME RATES as charged to the public for FIRE -RESCUE SERVICES The current rates (subject to change) are • Inspector $ 45 00/hour • Rescue Unit $100 00/hour • Firefighting Units $170 00/hour • Administrative Fee $ 12 00/per person assigned SECTION V INDEMNIFICATION The VILLAGE shall indemnify and save harmless the CITY from any and all claims, liability, losses and causes of action arising out of the negligence of VILLAGE's agents, officers or 8 employees, to the extent of the limitations included within Florida Statutes, Section 768 28 The CITY shall indemnify and save harmless the VILLAGE from any and all claims, liability, losses and causes of action arising out of the negligence of CITY's agents, officers, or employees, to the extent of the limitations included within Florida Statutes, Section 768 28 SECTION VI ACCESS, FIRE CODE, FIRE INSPECTION A ACCESS The VILLAGE hereby confirms that it shall provide unencumbered ingress and egress to CITY personnel, vehicles, boats and helicopters entering or departing the VILLAGE for the purposes of executing the provisions of this Agreement, including, but not limited to, medical emergencies, fire suppression, fire inspection, fire investigation and equipment testing B FIRE CODE The Florida Fire Prevention Code and any additional fire prevention codes established by the VILLAGE shall apply to the VILLAGE C FIRE INSPECTIONS The CITY agrees to provide as needed and when requested, fire inspection services on VILLAGE property and the VILLAGE further agrees to authorize the MIAMI FIRE -RESCUE DEPARTMENT to 9 enforce the Florida Fire Prevention Code and any additional fire prevention codes established by the VILLAGE as set forth in APPENDIX II It is further understood that all revenue that is generated by these inspections shall be the property of the VILLAGE SECTION VII SWITCH WITH ANOTHER PARAMEDIC (SWAP) The CITY and VILLAGE agree to continue the "Switch With Another Paramedic" (SWAP) Program as an interdepartmental exchange program designed to compare and evaluate other emergency medical and firefighting systems and operations Paramedics will be able to compare their own system with that of the exchange Department Likewise, these Paramedics will be able to offer insight into their own system as seen from this perspective SECTION VIII RIGHT OF FIRST REFUSAL The MIAMI FIRE -RESCUE DEPARTMENT shall have the Right of First Refusal purchase opportunity on all KEY BISCAYNE FIRE RESCUE DEPARTMENT vehicles when they are to be sold by the VILLAGE One appraisal shall be obtained by the CITY, and one appraisal shall be obtained by the VILLAGE and shall be averaged to arrive at fair market value The CITY shall pay the average price determined by these two appraisals, if fair market value does not vary by more than 10% between appraisals 10 SECTION IX TECHNOLOGICAL IMPROVEMENTS All technological improvements adopted and implemented by the MIAMI FIRE -RESCUE DEPARTMENT shall be offered to the KEY BISCAYNE FIRE RESCUE DEPARTMENT If the KEY BISCAYNE FIRE RESCUE DEPARTMENT chooses to take advantage of these improvements, the VILLAGE's portion of the cost of these improvements shall be borne by the KEY BISCAYNE FIRE RESCUE DEPARTMENT SECTION X CANCELLATION This Agreement shall expire on March 31, 2009, provided, however, that on any fiscal year during the term of this Agreement, either party may terminate, without cause, only upon written notice served upon the non canceling party on or before the 31st day of July of such year Cancellation will be at the discretion of the City Manager on behalf of the CITY and Village Manager on behalf of the VILLAGE In the event of such cancellation, the CITY shall be paid fees for all services provided prior to the effective date of such cancellation SECTION XI AMENDMENTS This Agreement may be amended only upon the written agreement of the parties No amendments to this Agreement shall be binding on either party unless in writing and approved by the CITY'S Commission and the VILLAGE's Council 11 SECTION X11 NOTICE All notices provided by either party under this Agreement shall be deemed to be sufficiently sent if mailed by U S Certified Mail, Return Receipt Requested, and shall be sent to the officers specified below FOR THE CITY - CITY MANAGER Joe Arriola 444 S W 2nd Avenue Miami, Florida, 33130 FOR THE VILLAGE - VILLAGE MANAGER Jacqueline R Menendez 88 West McIntyre Street Key Biscayne, Florida 33149 SECTION XIII GENERAL CONDITIONS A Title and Paragraph headings are for convenient reference and are not part of this Agreement B In the event of conflict between terms of this Agreement and any terms or conditions contained in any attached documents, the terms of this Agreement shall rule C No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing 12 D Should any provision(s), paragraph(s), sentence(s), word(s) or phrase(s) contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable under the laws of the State of Florida or the CITY, such provision(s), paragraph(s), sentence(s), word(s) or phrase(s) shall be deemed modified to the extent necessary in order to conform with such laws or, if not modifiable to conform with such laws, then same shall be deemed severable and, in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect SECTION XIV OWNERSHIP OF DOCUMENTS VILLAGE agrees that all documents maintained and generated pursuant to this contractual relationship between CITY and VILLAGE shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes It is further understood by and between the parties that any information, writings, maps, contact documents, reports or any other matter whatsoever which is given by CITY to VILLAGE pursuant to this Agreement shall at all times remain the property of the CITY and shall not be used by the VILLAGE for any other purposes whatsoever without the written consent of the CITY SECTION XV NONDELEGABILITY 13 The obligations undertaken by the CITY pursuant to this Agreement shall not be delegated or assigned to any other person or firm unless the VILLAGE shall first consent in writing to the performance or assignment of such service or any part thereof by another person or firm SECTION XV1 AUDIT RIGHTS CITY and VILLAGE reserve the right to audit the records of each other, as said records relate to this Agreement, at any time during the performance of this Agreement and for a period of three (3) years after final payment is made under this Agreement SECTION XVII AWARD OF AGREEMENT VILLAGE warrants that it has not employed or retained any person employed by the CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by the CITY any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement SECTION XVIII CONSTRUCTION OF AGREEMENT This Agreement shall be construed and enforced according to the laws of the State of Florida, and venue shall be in Miami -Dade County 14 SECTION XIX INDEPENDENT CONTRACTOR CITY and its employees and agents shall be deemed to be independent contractors, and not agents or employees of VILLAGE, and shall not attain any rights or benefits under the Civil Service or Pension Ordinance of VILLAGE, or any rights generally afforded classified or unclassified employees, further CITY employees shall not be deemed entitled to the Florida Workers' Compensation benefits as an employee of the VILLAGE SECTION XX NONDISCRIMINATION VILLAGE agrees that it shall not discriminate as to race, sex, color, creed, national origin or handicap in connection with its performance under this Agreement Furthermore, that no otherwise qualified individual shall, solely by reason or his/her race, sex, color, creed, national origin, or handicap, be excluded from participating in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance SECTION XX1 CONTINGENCY CLAUSE Funding for this Agreement is contingent upon the availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack 15 of funds, or authorization, reduction of funds, and/or change in regulations SECTION XXII DEFAULT PROVISION In the event that CITY shall fail to comply with each and every term and condition of this Agreement or fails to perform any of the terms and conditions contained herein, then the VILLAGE, at its sole option, upon ninety (90) day written notice to the CITY, may cancel and terminate this Agreement SECTION XXIII ENTIRE AGREEMENT Except as specified below, this instrument and its attachments constitute the sole and only Agreement of the parties hereto relating to the subject hereof and correctly sets forth the rights, duties, and obligations of each to the other as of its date Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect, except that the Agreement of April 1, 2004 shall continue until March 31, 2009 IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be signed in their names by the duly authorized officials, attested by their respective CITY and VILLAGE Clerk on 16 the day and year first herein above written Village of Key Biscayne a municipal Corporation of the State of Florida qu ine R Menem ez illage Manager Village of Key Biscayne T Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Village Attorney Village of Key Biscayne APPROVED AS TO INSURANCE REQUIREMENTS Risk Man gement Department City of Miami, a municipal Corpora •n of the State of Fl • ida Joe Arriola City Manager City of Miami !T� Alt, 1111 2, iO RI TTEST ty Clerk APPROVED LEGAL S TO APPROVED AS TO INSURANCE REQUIREMENTS F no 1ilarello y Attorney ity of Miami AND Dania Carrillo Risk Management Administrator 17 APPENDIX I FEE SCHEDULE A For normal automatic aid and ancillary service to augment the KEY BISCAYNE FIRE RESCUE DEPARTMENT, a monthly fee (the MINIMUM FEE) for the following years is established This fee covers personnel and material as necessary in accordance with City of Miami Standard Operating Procedures 1 April 1, 2004 through March 31, 2005 $39,930 per month 2 April 1, 2005 through March 31, 2006 $39,930 per month 3 April 1, 2006 through March 31, 2007 $39,930 per month 4 April 1, 2007 through March 31, 2008 $39,930 per month 5 April 1, 2008 through March 31, 2009 $39,930 per month The CITY will provide a monthly invoice with appropriate documentation as required The VILLAGE shall make payment within thirty (30) days after mailing by the CITY of the invoice with the exception of Paragraph C, Section IV Interest at the rate of twelve percent (12%) per annum shall automatically accrue on delinquent invoices until they are paid B For Major Emergencies, as defined in Section 1A, Definition 8, the following fee schedule, in addition to the normal monthly fee, is established 1 $1,570 per hour per Aerial/Quint Company 2 $1,178 per hour per Pumper Company 18 3 $785 per hour per Advanced Life Support Rescue Company 4 $1,035 per hour per Haz Mat Truck 5 $1,035 per hour per Foam Pumper Truck 6 $262 per hour per person for Special Equipment (Fire Boat, District Chief, Safety Officer, etc ) 7 $393 per hour per Air Truck The charges as set forth above shall be the hourly rates for equipment and personnel with the time for such charges to be calculated from the time of the alarm to the time the MIAMI FIRE -RESCUE DEPARTMENT responding units return to City service The hourly charges shall be prorated for fractional parts of an hour with minutes being the smallest increments Such charges are based upon at least four (4) CITY FIREFIGHTERS operating each piece of apparatus listed in items 1, 2, 4, and 5 above, and three (3) CITY FIREFIGHTERS operating equipment listed in item 3 In the event fewer CITY FIREFIGHTERS are provided, the charge will be reduced proportionately For the purposes of this Agreement, a "Major Emergency" is defined as those incidents that involve automatic aid multi - company dispatches and extend longer than one (1) hour in duration These incidents are considered out of control Not considered Major Emergencies are minor fires, rescue runs, small hazardous materials incidents and those incidents that have been routinely handled in the past elsewhere in the CITY and the VILLAGE by its Fire Department, by routine custom and practice 19 C For fire watches, as determined by the City of Miami Fire Chief upon request by officials of the Village of Key Biscayne, charges shall be as follows 1 MIAMI FIRE -RESCUE DEPARTMENT Firefighters rate of pay is based upon time and one-half at their hourly rate 2 MIAMI FIRE -RESCUE DEPARTMENT Paramedics rate of pay is based upon time and one-half at their hourly rate 3 MIAMI FIRE -RESCUE DEPARTMENT Fire Inspectors rate of pay is based upon time and one-half at their hourly rate 4 An Administrative Fee based on CITY Ordinance No 10237 requiring a charge of $12 00 per person per day 5 Charges may change based upon contract agreement between the City of Miami and Firefighters Local No 587 D If for unforeseen reasons, the VILLAGE is unable to provide its own fire rescue services, the CITY agrees to provide full fire rescue service to the VILLAGE on a monthly basis until such time as the KEY BISCAYNE FIRE RESCUE DEPARTMENT is again fully operational The term of this interim Agreement for full fire rescue service, as reflected in SECTION II of this Agreement and substituting CITY equipment material and personnel for 20 VILLAGE equipment, material and personnel, would be for a maximum of twelve (12) months Price will be determined should the actual need arise 21 APPENDIX II INSPECTION SERVICES A The CITY will provide during normal business hours Monday through Friday from 8 00 A M until 5 00 p m when requested by the VILLAGE, a qualified Fire Inspector from the MIAMI FIRE -RESCUE DEPARTMENT Fire Prevention Bureau to conduct required regular fire inspections of all occupancies except one and two family dwellings and apartment buildings three floors or less B The CITY will provide during normal business hours Monday through Friday from 8 00 A M until 5 00 P M when as soon as possible, upon request by the VILLAGE a qualified Plans Examiner from the MIAMI FIRE -RESCUE DEPARTMENT Fire Prevention Bureau to review plans for new building construction and/or major building modifications to all occupancies except one and two family dwellings C The CITY will provide at any time of day or night when requested by the VILLAGE a qualified Fire Investigator from the MIAMI FIRE -RESCUE DEPARTMENT Fire Prevention Bureau to investigate all fires having a cause that is designated by the fire officer in charge of the scene to be of a suspicious or undetermined nature, all fire bombings, all attempted fire bombings, all explosions where there is a fire related death and all fire deaths resulting from fire related injuries 22 APPENDIX III MAJOR EMERGENCY COMMAND STRUCTURE When an emergency incident occurs within the Village of Key Biscayne involving Miami Fire -Rescue Department units, the Command structure listed below will be followed A Officers of Equal Rank When officers on the incident from the Village of Key Biscayne Fire Rescue Department and Miami Fire -Rescue Department are of equal ranks, the Officer from the Village of Key Biscayne Fire Rescue Department is in charge of the incident B Officers of Unequal Rank When Officers on an incident from the Village of Key Biscayne Fire Rescue Department and Miami Fire -Rescue Department are of unequal ranks, the highest ranking Officer will be in charge of the incident C District Chiefs Miami Fire -Rescue Department District Chiefs on arrival, will be in Command of all incidents at the Village of Key Biscayne requiring their dispatch This Command structure will be followed whether the units involved in the incident are solely Miami Fire -Rescue Department or a combination of Miami Fire -Rescue Department and Village of Key Biscayne Fire Rescue Department The only exceptions to this are 1 The District Chief is relieved of Command by a Miami Officer of higher rank 2 The District Chief is relieved by the Chief or the Deputy Chief of the Village of Key Biscayne Fire 23 Rescue Department The District Chief will then be in charge of Operations 3 The incident can be turned over to the appropriate authority of the Village of Key Biscayne Fire Rescue Department DEPARTMENT OF RISK MANAGEMENT INSURANCE/SAFETY APPROVAL FORM Name Julia Martin Department Fire Review Status General Liability Auto Liability Workers Comp Liquor Liability Builder Risk Professional Liability Garage Keepers Liability Excess Liability Crime Coverage 7 Pollution Description Agreement with Village of Key Biscaybe for Ancillary Flre Services Tracking # Date 4/20/2004 Financial Ratings Strength REQUIREMENTS Insurance NOT Required City of Miami is Named Additional Insured The City is providing insurance City of Miami is Loss Payee Bayfront Park Named Additional Insured APPROVAL STATUS xx APPROVnvE0 0. Fra o e Insurance Coordinator I Patrice Noval Safety/ADA Coordinator Not Approved Coverage is insufficient Not A Rated Company A Type of Coverage is Missing Other The City NOT Named Additional Insured Insurance/Safety Comments City of Key Biscayne is self insured in accordance to FS 768 28 Indemnification clause in place Risk003 4/20/2004 3 48 PM RESOLUTION NO 2004-18 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, RECOGNIZING KEY BISCAYNE PROFESSIONAL FIREFIGHTERS LOCAL 3638, IAFF, AS COLLECTIVE BARGAINING REPRESENTATIVE, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Key Biscayne Professional Firefighters Local 3638, IAFF, desires to represent the employees in the proposed bargaining unit consisting of Firefighter/Paramedics and Fire Lieutenants only, and WHEREAS, the Village Council (the "Council") of the Village of Key Biscayne, after reviewing the proposed bargaining unit, finds that it is an appropriate bargaining unit for purposes of collective bargaining NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 Recognition That the Council hereby recogmzes the Key Biscayne Professional Firefighters Local 3638, IAFF, as the collective bargaining representative of the employees in the proposed bargaining unit consisting of Firefighter/Paramedics and Fire Lieutenants only Section 2 Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 13th day of April , 2004 (t#1t L - MAYOR ROBERT OLDAKOWSKI T ,d,/,/ NCHITA H ALVAREZ, CMC, VILLAGE APPROVED AS T • F 1' AND LEGAL SUF v.• --- VILLAGE ATTO RESOLUTION NO 2004-19 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING THE PURCHASE ORDER FOR SALE OF VILLAGE FIRE TRUCK AND RELATED PERSONAL PROPERTY BETWEEN THE VILLAGE OF KEY BISCAYNE AND THE PUTNAM COUNTY BOARD OF COUNTY COMMISSIONERS, PROVIDING AN EFFECTIVE DATE WHEREAS, the Village Council finds that the approval of the attached Purchase Order for sale of a Village Fire Truck and related personal property between the Village of Key Biscayne and the Putnam County Board of County Commissioners 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 Purchase Order Approved That the Purchase Order, in substantially the form attached hereto, is hereby approved and the Village Manager is authorized to execute such Purchase Order on behalf of the Village, as well as the Bill of Sale and Certificate of Title transfer to the Fire Truck upon receipt of payment Section 2 Effective Date That this Resolution shall be effective upon adoption PASSED AND ADOPTED this 13th day of Apnl , 2004 MAYOR ROBERT OLDAKOWSKI Zake HITA H ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO RM AND LEGAL SUFFICI `•:; , RESOLUTION NO 2004-20 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING FIREWORKS DISPLAY CONTRACT BETWEEN FIREWORKS BY GRUCCI, INC , AND THE VILLAGE OF KEY BISCAYNE CONCERNING FIREWORKS DISPLAY FOR JULY 4TH, 2004, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village Council of the Village of Key Biscayne desires to utilize the professional services of Fireworks by Grucci, Inc ("Grucci"), a recognized expert in the provision of fireworks displays, to conduct the Village's fireworks display for the July 4th, 2004 celebration, and WHEREAS, upon the advice of the Village Attorney, the Village Council finds that the proposed fireworks display services constitute professional services which are exempt from competitive bidding pursuant to Section 2-87(2) of the Village Code, and WHEREAS, the Village Council finds that, in any event, the short time penod remaining from the present date until the July 4th, 2004 celebration makes it impracticable to apply the competitive bidding procedures of the Village Code, and that pursuant to Section 2-85 of the Village Code, the Village Council is authonzed to waive the competitive bidding procedures of the Village Code upon such basis, and WHEREAS, the Village Council finds that the approval of the Professional Services Agreement between Grucci and the Village (the "Agreement") 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 Competitive Bids Waived That solely in the event that the services provided pursuant to the Agreement do not constitute professional services pursuant to the competitive bidding exemption provided by Section 2-87(2) of the Village Code, the Village Council hereby waives competitive bidding for this transaction as authonzed by Section 2-85 of the Village Code Section 3 Authorization That the Village Manager is hereby authonzed to execute the attached Agreement between Grucci and the Village for the provision of fireworks display services, in substantially the form attached hereto, once approved by the Village Attorney as to form and legal sufficiency Section 4 Implementation That the Village Manager is authonzed 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 27th day of Apnl, 2004 /t(/ ( t 1 (- MAYOR ROBERT OLDAKOWSKI HITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FO AND LEGAL SUFFICIEN s VILLAGE ATTORNEY F /103 001/Resolution/Approving ' irewr, kds display contract 4 1 04 2 RESOLUTION NO 2004-21 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO PURCHASE THREE NEW VEHICLES FOR THE POLICE DEPARTMENT, PROVIDING FOR AN EFFECTIVE DATE 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 purchase three new police vehicles in the amount of $70,425, as descnbed in the accompanying memorandum Section 2 That the Village Manager is hereby authorized to sell the three replaced Village vehicles as descnbed in said memorandum Section 3 That this resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 27th day of Apnl , 2004 #-"(1_ (ice( MAYOR ROBERT OLDAKOWSKI CONCHITA H ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO • RM AND LEGAL SUFFICI VILLAGE A TO RESOLUTION NO 2004-22 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AMENDMENT TO THE VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES FOR RECREATION CENTER, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Robert G Currie Partnership Inc (the "Consultant") has requested that the October 11, 2000 Agreement for architectural services for the Recreation Center project (the "Project") between the Village of Key Biscayne (the "Village") and the Consultant be amended as described herein, and WHEREAS, the requested amendment to the Agreement has been reviewed by Skyline Management Services ("Skyline"), the Village's representative for the Project, and Skyline has recommended that the Amendment to Agreement be approved, as provided herein 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 Amendment to Agreement Approved That the Amendment to Village of Key Biscayne Agreement for Professional Architectural Services for Recreation Center, in substantially the form attached hereto, is hereby approved, and the Village Manager and Village Clerk are hereby authorized, in their respective capacities, to execute the Amendment to Agreement on behalf of the Village, once approved as to form and legal sufficiency by the Village Attorney Section 3 Implementation That the Village Manager is hereby authonzed to take any necessary action to implement the purposes of this resolution and the Amendment to Agreement Section 4 Effective Date That this resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 11th day of May , 2004 • /7.9uAth, L„. MAYOR ROBERT OLDAKOWSKI AT NCHITA H ALVAREZ, CMC, VILLAGE C APPROVED AS TO • RM AND LEGAL SUFFI VILLAGE ATTO F /103 001/Resolution/App g Amendment to architectural professional services 4 21 04 2 RESOLUTION NO 2004-23 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO PURCHASE THREE NEW VEHICLES FOR THE FIRE RESCUE DEPARTMENT, PROVIDING FOR AN EFFECTIVE DATE 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 authonzed to purchase three new fire vehicles in an amount not to exceed $55,000, as descnbed in the accompanying memorandum Section 2 That the Village Manager is hereby authonzed to sell three Village vehicles as descnbed in said memorandum Section 3 That this resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 1st day of June , 2004 4ZU-exIAL., I MAYOR ROBERT OLDAKOWSKI CHITA H ALVAREZ, CMC, VILLAGE APPROVED AS T • FORM AND LEGAL S VILLAGE TTO RESOLUTION NO 2004-24 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPOINTING MEMBERS TO THE CRANDON BOULEVARD ZONING AND DEVELOPMENT COMMITTEE, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village Council has adopted Ordinance No 2004-6, which created the Crandon Boulevard Zoning and Development Committee (the "Committee"), and WHEREAS, in accordance with the procedures established by Ordinance No 2004-6, it is now necessary for the Village Council to approve the Mayor's appointment of the members of the Committee after consideration of nominations made by the members of the Village Council 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 Appointments Made That the following individuals are hereby appointed to serve on the Committee 1 Mr Wilfredo Borroto 2 Ms Sandra Goldstein 3 Mr Raul Llorente 4 Mr Ed London 5 Mr Michael Rice Section 3 Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 1st day of June, 2004 442 C(.4A/6 MAYOR ROBERT OLDAKOWSKI AT g/gue HITA H ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFICI WEISS SE OTA HE GUEDES COLE & VILLAGE ATTORN AN PASTORIZA ISKE, P A S 103001\resolutions\appointing crandon blvd z & d committee members 2 RESOLUTION NO 2004-25 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING IMPROVEMENT OF PLAYING FIELD WHICH IS UTILIZED BY THE VILLAGE AT THE ST AGNES CATHOLIC CHURCH, AUTHORIZING DESIGN AND CONSTRUCTION OF PLAYING FIELD IMPROVEMENTS, AUTHORIZING CONTRACT BETWEEN THE VILLAGE AND POST BUCKLEY SCHUH AND JERNIGAN, INC , FOR DESIGN WORK AND AUTHORIZING CONTRACT WITH PROTURF, INC FOR CONSTRUCTION WORK ON PLAYING FIELD IMPROVEMENTS, RECOGNIZING DESIGN SERVICES AS EXEMPT FROM COMPETITIVE BIDDING PURSUANT TO SECTION 2-87(2) OF THE VILLAGE CODE, WAIVING COMPETITIVE BIDDING FOR CONSTRUCTION OF IMPROVEMENTS PURSUANT TO SECTION 2-85 OF THE VILLAGE CODE, PROVIDING FOR EFFECTIVE DATE WHEREAS, pursuant to Section 3 07(b) of the Village Charter, the Village Council desires to authonze the expenditure of Village funds for the design and for the construction of playing field improvements (the "Project"), upon lands utilized by the Village pursuant to Agreement with the Archdiocese of Miami, Inc , a Flonda, not for profit corporation, at St Agnes Catholic Church, as descnbed in the Village Manager's Memorandum, marked as Exhibit "A" and attached hereto, and WHEREAS, it is necessary to expeditiously proceed with the design and construction of the Project, and WHEREAS, the Village Council finds, upon advice from the Village Attorney, that the design of the Project, at a cost not to exceed $25,000 00, is exempt from competitive bidding, as a professional service, pursuant to Section 2-87(2) of the Village Code, and is likewise exempt from Section 287 055, Flonda Statutes, as being under the $25,000 00 threshold of said statute, and WHEREAS, the Village Council finds, upon advice from the Village Attorney, that competitive bidding procedures for the construction work may be waived by the Council pursuant to Village Code Section 2-85 upon the Council finding that it is impractical to apply such competitive bidding procedures in light of the need to expeditiously complete the playing field improvements, and that public bidding is not mandated by state law, for this construction project of a construction cost of not more than $200,000 00, and WHEREAS, the Village Council finds that it is in the best interest of the Village to proceed as indicated in this Resolution 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 Work Authorized, Specification of Funds. That the design and construction activities for the playing field improvements (the "Improvements") as described herein and in Exhibit "A", attached hereto, are hereby approved and authorized, subject to each of the following conditions a That the fee for professional services for the design of the Improvements shall not be more than $25,000 00, b That the construction costs of the Improvements shall not be more than $200,000 00, c That the fund amount and source for the work items are hereby authorized and approved as described in Exhibit "A" d That the Village obtain an appropriate easement or use agreement for the playing fields with a term of at least five (5) years 2 Section 3 Agreement Approved That the Village Manager is hereby authonzed to enter into agreements with Post Buckley Schuh and Jernigan, Inc , for the design work and with Proturf, Inc , for the construction work (the "Agreements"), in a form and substance approved by the Village Attorney, which is consistent with the requirements of this Resolution, and such Agreements are hereby approved, subject to approval of the Village Attorney as to legal form and sufficiency Section 4 Competitive Bidding Waived That pursuant to Village Code Section 2-85, competitive bidding procedures of the Village Code are hereby waived for the above-desenbed construction activities Section 5 Implementation That the Village Manager is hereby authonzed to take any and all action necessary to implement the purposes of this Resolution and the Agreement _ Section 6 Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 1st day of June, 2004 iI o ceet.Gt. L-----, MAYOR ROBERT OLDAKOWSKI 4 cznyie, yIST CONCHITA H ALVAREZ, CMC, VILLAG APPROVED AS TO ORM AND LEGAL S VILLAGE A TORNE 103 001/Resolutions/Alternate ements of playing field leased from St Agnes Church 5 27 04 3 Rev 10/00 Public Client PROFESSIONAL SERVICE AGREEMENT THIS AGREEMENT made and entered into June 15 2004 by and between Post Buckley Schuh & Jernigan Inc (PBS&J) and the Client identified herein provides for the Professional Services described under Item 2 of this Agreement PHONE NUMBER (305) 365 8901 CLIENT Village of Key Biscayne FAX NUMBER (305) 365 8991 ADDRESS 88 West McIntyre Street CONTACT PERSON Todd Hofferberth Key Biscayne. FL 33149 PROJECT NUMBER 01 1530 00 SHORT TITLE St Agnes Soccer Field 1 DESCRIPTION OF PROJECT SITE West 750 feet, Tract C , 4th Addition to Tropical Isles Homes Subdivision, PB 53, Pg 39 Miami Dade County Records 2 SCOPE OF SERVICES TO BE PROVIDED BY PBS&J (If additional pages are necessary, they are identified as Attachment A) See Attached proposal dated June 8, 2004 3 THE COMPENSATION TO BE PAID PBS&J for providing the requested services shall be (If additional pages are necessary, they are identified as Attachment B) Direct personnel expense plus a surcharge of %, plus reimbursable costs * n El A Lump -Sum charge of $ 9 700 , plus out-of-pocket expenses * Unit Cost/Time Charges identified in Attachment B, plus reimbursable costs * Other - See Attachment B * See explanation under Item 5 below 4 IF PBS&J's SERVICES UNDER THIS AGREEMENT ARE DELAYED for reasons beyond PBS&J's control, the time of performance shall be adjusted appropriately Except where the services provided are under a continuous service contract for more than one year, if the services under this Agreement are delayed for a period of more than one (1) year from the beginning date (as above provided), the fees shall be subject to renegotiation, any change in such fees shall apply only to the unfinished services as of the effective date of such change IN WITNESS WHEREOF this Agreement is accepted on the date written above and subject to the terms and conditions set forth above (SIGN WITH BALL POINT PEN) CLIENT / I .---. '—1 POST B SIGNED �� `� �� SIGNED TYP ME / TYPED NAME T T TITLE Vice President DATE DATE 6-H- 0 T d F1,161EcteGA Roberto S Ortiz P E Distnbution Copy 1 PBS&J Copy 2 Client Copy 3 PBS&J Accounting Public Client Rev 10/00 5 COMPENSATION Direct personnel expense shall be defined as the cost of salanes and fnnge benefit costs related to vacation holiday and sick leave pay contributions for Social Secunty Workers Compensation Insurance retirement benefits and medical and insurance benefits unemployment and payroll taxes and other allowed benefits of those employees directly engaged in the performance of the requested service Reimbursable costs include fees of Professional Associates (whose expertise is required to complete the project) and out of pocket expenses the cost of which shall be charged at actual costs plus an administrative charge of 18% and shall be itemized and included in the invoice Typical out of pocket expenses shall include but not be limited to travel expenses (lodging meals etc) job -related mileage at the prevailing Company rate long distance telephone calls couner pnnting and reproduction costs and survey supplies and matenals In the event the requested service involves the use of electronic measunng equipment computers plotters and other special equipment such as boats swamp buggies etc an additional direct charge shall be made for the use of this equipment It is understood and agreed that PBS&J s services under this Agreement are limited to those descnbed in Item 2 hereof (and Attachment A if applicable) and do not include participation in or control over the operation of any aspect of the project Compensation under this Agreement does not include any amount for participating in or controlling any such operation 6 INVOICE PROCEDURES AND PAYMENT PBS&J shall submit invoices to the Client for work accomplished during each calendar month For services provided on a Lump Sum basis the amount of each monthly invoice shall be determined on the percentage of completion method whereby PBS&J will estimate the percentage of the total work (provided on a Lump Sum basis) accomplished dunng the invoicing penod Monthly invoices shall include separately listed any charges for services for which time charges and/or unit costs shall apply Such invoices shall also include separately listed any charges for Professional Associates and reimbursable costs Such invoices shall be submitted by PBS&J as soon as possible after the end of the month in which the work was accomplished and shall be due and payable by the client upon receipt The Client as owner or authonzed agent for the owner hereby agrees that payment as provided herein will be made for said work within 30 days from the date the invoice for same is mailed to the Client at the address set out herein or is otherwise delivered and in default of such payment hereby agrees to pay all costs of collection including reasonable attorney's fees regardless of whether legal action is initiated The Client hereby acknowledges that unpaid invoices shall accrue interest at the maximum retailed by law after they have been outstanding for over 30 days PBS&J reserves the nght to suspend all services on the Clients project without notice if an invoice remains unpaid 45 days after date of invoice This suspension shall remain in effect until all unpaid invoices are paid in full It is understood and agreed that PBS&J s services under this Agreement do not include participation whatsoever in any litigation Should such services be required a supplemental Agreement may be negotiated between the Client and PBS&J descnbing the services desired and providing a basis for compensation to PBS&J 7 COST ESTIMATES Client hereby acknowledges that PBS&J cannot warrant that any cost estimates provided by PBS&J will not vary from actual costs incurred by the Client 8 LIMIT OF LIABILITY The limit of liability of PBS&J to the Client for any cause or combination of causes shall be in total amount limited to the fees paid under this Agreement 9 CONSTRUCTION SERVICES If under this Agreement professional services are provided dunng the construction phase of the project PBS&J shall not be responsible for or have control over means methods techniques sequences or procedures or for safety precautions and programs in connection with the Work nor shall PBS&J be responsible for the Contractors failure to carry out the Work in accordance with the Contract Documents or for the Contractors failure to comply with applicable laws ordinances rules or regulations 10 INSURANCE PBS&J shall at all times carry Workers Compensation insurance as required by statute commercial general liability insurance including bodily injury and property damage automobile liability coverage and professional liability coverage Insurance certificates will be provided to the Client upon request Client agrees to require that PBS&J be named as an additional insured on insurance coverages provided by contractors on the project 11 ASSIGNMENT Neither the Client nor PBS&J will assign or transfer its interest in this Agreement without the wntten consent of the other 12 SUSPENSION TERMINATION CANCELLATION OR ABANDONMENT In the event the project descnbed in Attachment A or the services of PBS&J called for under this Agreement is/are suspended cancelled terminated or abandoned by the Client PBS&J shall be given seven (7) days pnor wntten notice of such action and shall be compensated for the professional services provided up to the date of suspension termination cancellation or abandonment in accordance with the provisions of this Agreement for all work performed up to the date of suspension termination cancellation or abandonment including reimbursable expenses 13 ENTIRETY OF AGREEMENT This wnting including attachments and addenda if any embodies the entire agreement and understanding between the parties hereto and there are no other agreements and understandings oral or wntten with reference to the subject matter hereof that are not merged herein and superseded hereby No alteration change or modification of the terms of this Agreement shall be valid unless made in wnting signed by both parties hereto 14 DOCUMENTS Any reuse by the client or others of documents and plans that result from PBS&J s services under this agreement shall be at the Clients or others sole nsk without liability to PBS&J 15 WAIVER Any failure by PBS&J to require stnct compliance with any provision of this contract shall not be construed as a waiver of such provision and PBS&J may subsequently require stnct compliance at any time notwithstanding any pnor failure to do so 16 DISPUTE RESOLUTION If a dispute anses out of or relates to this Agreement or the breach thereof the parties will attempt to settle the matter between themselves If no agreement can be reached the parties agree to use mediation with a mutually agreed upon mediator before resorting to a judicial forum The cost of a third party mediator will be shared equally by the parties In the event of litigation the prevailing party will be entitled to reimbursement of all reasonable costs and attorneys fees The parties mutually agree that a similar dispute resolution clause will be contained in all other contracts executed by Client concerning or related to this contract and all subcontracts executed by PBS&J 17 HAZARDOUS WASTE MATERIALS OR SUBSTANCES Unless otherwise specifically provided in this Agreement PBS&J shall not be responsible for or have control over the discovery presence handling removal transport or disposal of hazardous waste matenals or substances in any form on the project site 18 GOVERNING LAW This Agreement shall be governed by and construed according to the laws of the State where the situs of the work is located 19 LIMITED COPYRIGHT LICENSE PBS&J grants Client a paid up non transferable non exclusive license to make or have made copies of any copynghtable materials delivered under this Agreement and specifically marked by PBS&J as Reproduction Authonzed 20 INTELLECTUAL PROPERTY With the sole exception of specifically marked reproducible materials subject to the Limited Copynght License herein all worldwide nght title and interest in and to any and all Intellectual Property conceived invented authored or otherwise made by or on this Agreement shall remain the sole and exclusive property of PBS&J its successors and assigns unless licensed or assigned by PBS&J pursuant to a separate wntten instrument The term Intellectual Property shall be construed broadly to include all forms of intellectual property including without limitation all inventions discoveries designs plans improvements trademarks service marks and copynghts in drawings computer programs architectural works and in all other onginal works of authorship ATTACHMENT Scope of Services ATTACHMENT B Compensation ADDENDA A (if required) An employee -owned company Transmitted Via. US Mail/Facsimile June 8, 2004 Mr Todd Hofferberth Director, Department of Parks and Recreation Village of Key Biscayne 88 West McIntyre Street Key Biscayne, FL 33149 RE File St Agnes Soccer Field Proposal 886ES01 00 #1 Dear Mr Hofferberth As per your request we are submitting our scope and fee proposal to provide Professional Services for the preparation of plans and permitting associated with the re -grading, sodding and irrigation of the soccer field at St Agnes School Based on the information you have provided, we understand that the project will include • Clearing, grubbing and compaction of field • Fill material to raise grade a maximum of 11 -inches • New top soil 40/60 sand mix and Bermuda 419 sod • Installation of irrigation system and connection to County water main • Drainage system PBS&J will review the site and existing conditions such as existing irrigation systems, vegetation, drainage patterns, access and current use patterns The proposed turf and irrigation systems will be coordinated with maintenance staff such that installed systems meet Village requirements PBS&J will prepare grading, drainage and imgation plans for the project It is anticipated that 3 sheets will be required Required specifications will be provided on the plans in the form of notes PBS&J will coordinate fire hydrant flow test to be conducted by the fire department The Village will pay the required fee for the flow test PBS&J, through a geotechmcal subconsultant, will conduct 2001 Northwest 107th Avenue Miami Florida 33172 2507 • Telephone (305) 592 7275 • www pbsj corn Mr Todd Hofferberth Village of Key Biscayne Page 2 June 8, 2004 percolation test at the site necessary for the design of the proposed drainage system PBS&J will prepare permit application on behalf or the Village and submit the permit package to the Miami -Dade Department of Environmental Resources Management (DERM) for review and approval of the proposed drainage system PBS&J will also prepare necessary permit applications for the tie-in to the existing water main It is anticipated that this will include review by the Department of Health, DERM and the Miami -Dade Water and Sewer Department It is assumed that an electronic site survey showing existing legal boundaries, easements, utilities, structures and trees will be provided by the Village It is also assumed that no trees will be removed as part of this project Deliverables Plans 5 Copies Permits 1 Copy Schedule and Budget Schedule PBS&J will provide plans for permitting within 3 weeks of receiving Notice to Proceed assuming that the Fire Department will conduct fire hydrant test within 1 week of request Every effort will be made to expedite the permitting process, but the time required for the permitting process is dependent on the permitting agencies review time PBS&J estimates that construction will take approximately 5 weeks Since the sod needs to rest for 30 days after construction, PBS&J feels that the mid -August target completion date for a usable field is not realistic Budget PBS&J is proposing a lump sum fee of $9,700 to complete the work as described herein This fee includes one coordination meeting with Village staff Exceptions • Any application or review fees associated with permits required for the work • Construction Cost Estimate K Tnv\WnAKEYBISOst agneslst agnes proposal doc Mr Todd Hofferberth Village of Key Biscayne Page 3 June 8, 2004 • Any services beyond permitting phase We appreciate the opportunity to submit this proposal, and look forward to working with the Village on this project If you have any questions, please call me at (305) 514-3218 Sincerely, PBS&J a, 0 Patricia A Carney, P E Program Manager Water / Wastewater Program PAC/jrg K.\Env\Wm\KEYBISC1st agnes\st agnes proposal doc RESOLUTION NO 2004-26 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, IMPLEMENTING EXEMPTION FROM NOISE REGULATIONS FOR SCHOOL IMPROVEMENT PROJECT OF THE SCHOOL BOARD OF MIAMI-DADE COUNTY CONSISTING OF AN ADDITION TO THE KEY BISCAYNE MIDDLE SCHOOL PURSUANT TO SECTION 17-5(b)(3) OF CHAPTER 17 "NOISE" OF THE VILLAGE CODE, AND PROVIDING FOR EFFECTIVE DATE WHEREAS, the Village Council of the Village of Key Biscayne desires to implement a limited exemption from noise regulations for a school improvement construction project (the "Project") of the School Board of Miami -Dade County (the "School Board"), which consists of an addition to the Key Biscayne Middle School, as authonzed by Section 17-5(b)(3) of the Village Code, subject to the conditions provided herein, and WHEREAS, the Village Council has held a public heanng pnor to the adoption of this resolution 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 A Exemption That pursuant to Section 17-5(b)(3) of the Village Code, the regulations of Chapter 17 "Noise" of the Village Code shall not be applicable to or enforced against the above descnbed Project from the date of issuance of the notice to proceed for the Project until the completion and final acceptance of the Project, subject to compliance with each of the following conditions 1 Construction activities are not permitted on Sundays or holidays 2 The creation of loud or excessive noise by the Project is permitted on Saturdays between 9 00 a m and 5 30 p m , and on Monday through Fnday between the hours of 7 00 a m to 5 30 p m Loud or excessive noise dunng hours not listed in this subparagraph is prohibited 3 Construction activities for the Project are conducted in a manner which mitigates any adverse impact of noise upon properties adjacent to the area of construction in compliance with any noise mitigation measures required by the Village Manager 4 Active construction with an active full crew shall occur until 5 30 p m (Or dusk) on each weekday dunng the entire course of construction B Revocation of Exemption The exemption shall be revoked by the Village Manager after five (5) days notice and an opportunity to be heard is provided to the School Board and to the School Board's contractor for the Project, if 1 The Project contractor fails to comply with the conditions set forth in (A) above or promptly fails to abate any incident of non-compliance as directed by the Village Manager, or 2 The Village Manager finds that the construction activities may tend to create a nuisance by unreasonably disturbing the occupants of other premises, if the exemption is continued C Violation Any violation of the conditions of this Resolution shall cause a waiver of the exemption provided by this Resolution and shall constitute a violation of Chapter 17 of the Village Code 2 Section 3 Effective Date That this Resolution shall be effective immediately from and after adoption hereof PASSED AND ADOPTED this 22nd day of June, 2004 t/t/t CduC2 E. =� MAYOR ROBERT OLDAKOWSKI CONCHITA H ALVAREZ, CMC, VILLAGE CLE APPROVED AS 0 FORM AND LEGAL SUFFIC e::-..7._ VILLAGE A TO 103 001/Resolutions/Noise Exemption 5 12 04 3 RESOLUTION NO 2004-27 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO OBTAIN PROFESSIONAL SOFTWARE SERVICES AND RELATED PRODUCTS AND EQUIPMENT FROM CLASS SOFTWARE SOLUTIONS, LTD FOR THE VILLAGE'S RECREATION DEPARTMENT PROGRAMS, INCLUDING THE VILLAGE'S COMMUNITY CENTER, RECOGNIZING EXEMPTION FROM COMPETITIVE BIDDING PURSUANT TO SECTION 2-86 AND SECTION 2- 87(2) OF THE VILLAGE CODE, PROVIDING FOR IMPLEMENTATION, PROVIDING FOR EFFECTIVE DATE WHEREAS, it is necessary for the Village to obtain professional software services and related products and equipment for the purpose of administenng and managing the diverse programs of the Village's Recreation Department, including the programs to be offered at the Community Center, and WHEREAS, professional services are exempt from competitive bidding pursuant to Section 2-87(2) of the Village Code, and WHEREAS, pursuant to Section 2-86 of the Village Code, the Village Manager is authorized to enter into contracts for the purchase of services, products or equipment based upon contracts which have been entered into by another governmental entity which has utilized a competitive purchasing procedure, and WHEREAS, Collier County has utilized a competitive purchasing procedure for the selection of Class Software Solutions, Ltd , for the provision of recreation management software, products and equipment, which meets the cntena of the Village Code , and WHEREAS, upon advice from the Village Attorney, the Village Council finds that the proposed agreements between Class Software Solutions, Ltd , and the Village are exempt from the competitive bidding procedures of the Village Code pursuant to Section 2-86 and Section 2-87(2) of the Village Code, and WHEREAS, the Village Council finds that proceeding in accordance with this Resolution 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 Services Authorized That the Village Manager is authorized to utilize the services of Class Software Solutions, Ltd for the provision of software services and related products and equipment for the Village's Recreation Department That the amount and source of funds for the services and items authorized hereunder are identified in the Village Manager's Memorandum which accompanies this Resolution Section 3 Agreement Approved That the Village Manager is hereby authorized to enter into agreements (the "Agreements") for the software services and related products and equipment with Class Software Solutions, Ltd , in a form and substance approved by the Village Attorney, which is consistent with the requirements of this Resolution, and such Agreements are hereby approved, subject to approval of the Village Attorney as to legal form and sufficiency Section 4 Implementation That the Village Manager is hereby authorized to take any and all action necessary to implement the purposes of this Resolution and the Agreements 2 Section 5 adoption hereof Effective Date That this Resolution shall be effective immediately upon PASSED AND ADOPTED this 22nd day of June, 2004 (1 /()Caitic (4 L---, MAYOR ROBERT OLDAKOWSKI CONCHITA H ALVAREZ, CMC, VILLAGE CLE APPROVED AS T • FORM AND LEGAL SUFFICI VILLAGE ATTO F /103 001/Resolutions/Obtaining Software and Products for Recreation Center 6 8 04 3 RESOLUTION NO 2004-28 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING THE AGREEMENT BETWEEN THE MOST REVEREND JOHN C FAVALORA, ARCHBISHOP OF THE ARCHDIOCESE OF MIAMI, HIS SUCCESSORS IN OFFICE, A CORPORATION SOLE, AND THE VILLAGE OF KEY BISCAYNE, PROVIDING FOR LICENSES TO BE GRANTED IN FAVOR OF THE VILLAGE FOR THE USE OF THE ATHLETIC FIELD LOCATED AT THE ST AGNES CATHOLIC CHURCH, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE VILLAGE, AUTHORIZING THE VILLAGE MANAGER TO TAKE ALL ACTION NECESSARY TO IMPLEMENT THE AGREEMENT, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village of Key Biscayne (the "Village") desires to obtain licenses in favor of the Village for the use of the Athletic Field located at the St Agnes Catholic Church (the "Athletic Field") at certain times, WHEREAS, the Village desires to make certain improvements to the Athletic Field, and WHEREAS, the Village Council finds that the approval of the Agreement is in the best interest of the Village NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 That the Agreement in substantially the form attached hereto between the Village and The Most Reverend John C Favalora, Archbishop of the Archdiocese of Miami, his successors in office, a corporation sole, is hereby approved and the Village Manager and Village Clerk are authorized to execute such Agreement, in their respective capacities, on behalf of the Village Section 2 That the Village Manager is authorized to take all action necessary to implement the Agreement, including the expenditure of appropriated funds in accordance with the requirements of the Agreement Section 3 That this resolution shall become effective upon its adoption PASSED AND ADOPTED this 22nd day of June, 2004 77/CoLetli L_____ MAYOR ROBERT OLDAKOWSKI CONCHITA H ALVAREZ, CMC, VILLAGE CLE APPROVED AS 0 • RM AND LEGAL SUFFICIE VILLAGE A TO 1 F \100\103001\Ballfield\Resolution Approving Ballfield Agreement v2 doc r AGREEMENT THIS AGREEMENT (hereinafter the "Agreement") is made as of this 23rd day of June, 2004 by and between the THE MOST REVEREND JOHN C FAVALORA, Archbishop of the Archdiocese of Miami, his successors in office, a corporation sole (hereinafter the "Owner") and the VILLAGE OF KEY BISCAYNE, a Florida municipal corporation (hereinafter the "Village") RECITALS A The Owner is the owner of fee simple title to certain real property located in the Village known as St Agnes Catholic Church (the "Property") which includes, among other improvements, an athletic field legally described as Exhibit "A" attached to this Agreement (the "Athletic Field"), B The Village desires to use the Athletic Field for youth athletic programs and activities, C The Owner has agreed to allow the Village to use the Athletic Field during certain hours upon the terms and conditions hereinafter set forth NOW, THEREFORE, in consideration of the mutual promises set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows 1 Recitals The foregoing recitals are true and correct and are hereby incorporated into this Agreement by reference 2 License Owner does hereby grant to the Village, its invitees, agents, employees, contractors, guests, officials and representatives, the following licenses (i) an exclusive license over, on, across, under, through and upon the Athletic Field during those after -school hours set forth on the schedule attached hereto as Exhibit "B" on weekdays and weekend days during the Initial Term (hereinafter defined), as the Initial Term may be renewed in accordance with the provisions of subsection 3 2 below (the "Term"), as well as such other times as mutually agreed to by the parties, for use by the Village for the purposes set forth in Section 7 below and (ii) a non-exclusive license over, on, across, under, through and upon the Athletic Field during the Term for construction, inspection and maintenance of the Field Improvements (hereinafter defined), of the Athletic Field and performance of the Village's other obligations contained in this Agreement 3 Term 3 1 The initial term of this Agreement shall be for five (5) years commencing as of the date hereof and expiring on June 22, 2009 (the "Initial Term") 3 2 Owner hereby grants to Village the option to renew this Agreement and the licenses granted to the Village herein commencing as of the date immediately following the expiration date of the Initial Term for five (5) successive terms of one (1) year each, provided that (i) the Village shall give the Owner written notice of its election to exercise its renewal option as contained herein not later than ten (10) days prior to the expiration date of the then current term of this Agreement and (u) the Village is not then in default of this Agreement after the expiration of any applicable notice and cure period The terms, covenants and conditions of this Agreement, as the same may be modified from time to time, shall continue to be in effect during each such renewal term 4 Fees The Village shall pay the Owner an annual license fee of Thirty Six Thousand and 00/100 Dollars ($36,000 00) for the licenses granted to Owner herein, which fee shall be paid in equally monthly installments of Three Thousand and 00/100 Dollars ($3,000 00) on the first day of each month during the Term For any partial month during the Term, the monthly installment payment of Three Thousand Dollars and 00/100 Dollars ($3,000 00) shall be prorated on a per diem basis based on the number of days in such month Owner hereby directs the Village to make all payments required hereunder directly to St Agnes Catholic Church at 100 Harbor Drive, Key Biscayne, Florida 33149 5 Improvements by the Village 5 1 In consideration of the Owner's agreements set forth herein, the Village agrees to cause the Athletic Field to be renovated, including grading, drainage, irrigation and lighting improvements and the installation of a Bermuda grass surface thereon (collectively, the "Field Improvements") A schedule of the Field Improvements is attached as Exhibit "C" to this Agreement Subject to "force majeure", the Village agrees to use its diligent efforts to complete the Field Improvements by September 1, 2004 The term "force maj cure" as used in this Agreement shall mean any emergency, cause or event which results in the prevention or delay of performance by the Village of its obligations under this Agreement and which is beyond the reasonable control of the Village, including, but not limited to, strikes, lockouts or other labor troubles, fire or other casualty, governmental preemption m connection with a national emergency, any rule, order or regulation of any governmental agency or any department or subdivision thereof (provided that the Village's actions cannot delay the performance of the Village's obligations under this Agreement), or inability to secure materials or labor because of any such emergency, rule, order, regulation, war, civil disturbance or other emergency, cause or event beyond the reasonable control of the Village 5 2 The Village will cause separate water and electricity meters to be installed for the Athletic Field and will pay for all water and electricity charges incurred by the Village in connection with its use of the Athletic Field Owner agrees to grant FPL and the Miami -Dade County Water and Sewer Authority reasonable access to the Athletic Field and any easements over, on, across, through and upon the Athletic Field which are reasonably required for the installation and maintenance of such separate water and electricity meters 2 6 Ownership of Athletic Field Owner covenants that it is the owner of the Athletic Field Except as may be otherwise provided in this Agreement, during the Term, Owner shall maintain the Athletic Field m good repair and suitable condition for the Village's purposes as described herein 7 Use of the Premises 7 1 During the Term of this Agreement, the Village shall have use of the Athletic Field for the following purpose(s) for organized youth oriented activities and recreational programs (such as, by way of example and not limitation, softball and basketball games) During the times designated for use of the Athletic Field by the Village hereunder, the Village shall have sole and uninterrupted use and control of the Athletic Field 7 2 The Village agrees to restrict its use of the Athletic Field for the purposes set forth in this Agreement, and not to use, or permit the use, of the Athletic Field for any other purpose without first obtaining the consent of the Owner Owner and the Village acknowledge and agree that the Village's use of the Athletic Field shall include use of the Athletic Field by other organizations, entities, and persons who have separate written agreements with the Village and which have received the prior written consent of the Owner, such consent not to be unreasonably withheld or delayed Without limiting the foregoing, the Owner acknowledges and agrees that the Key Biscayne Athletic Club ("KBAC") is permitted to use the Athletic Field pursuant to a separate written agreement between the Village and KBAC 7 3 The Village agrees not to use the Athletic Field for any use that is morally offensive to the reasonable sensibilities of the Roman Catholic Church 8 Covenants of the Village During the Term of this Agreement, the Village covenants and agrees as follows (1) On the morning following each use of the Athletic Field by the Village, the Village will conduct a maintenance inspection of the Athletic Field and clean-up the Athletic Field so that it is ready for use by the Church school (11) The Village will contract with a field maintenance company to maintain the Bermuda grass field at the Village's expense (iii) On each day that the Village uses the Athletic Field, the Village will turn off all lighting at the Athletic Field by 9 15 p m , without exception (iv) The Village will post a "no trespassing" sign on the Athletic Field (v) The Village will abide by and conform to reasonable rules and regulations from time to time adopted or prescribed by the Owner for the governance and management of Athletic Field so long as said rules and 3 regulations do not conflict with the rights granted to the Village in this Agreement (vi) The Village shall pay Owner on demand any sum which may be due to Owner for additional services, accommodations, or materials furnished or loaned by Owner at the actual cost thereof (vii) The Village shall not cause or allow alcoholic beverages of any kind to be sold, given away, or used upon the Athletic Field except after obtaining the express written consent of Owner In such event, the Village shall possess the necessary liquor license and permit (viii) In connection with the exercise of the Village's rights hereunder, during its period of usage, the Village shall not allow or permit the following on the Athletic Field dogs, any type of skating (i e , rollerskating, rollerblading, and skateboarding) or vehicles, other than vehicles of the Village (ix) Other than the Field Improvements, the Village will only make those alterations, additions, or improvements, in, to, or about the Athletic Field which have been approved in advance and in writing by Owner Owner hereby gives the Village the right, but not the obligation, to install and maintain temporary backstops and base cut-outs for the baseball field, provided that such do not unreasonably interfere with the after -school athletic activities of the Church At the end of each season, the Village shall be responsible for returning the Athletic Field to the condition existing prior to such season (including maintenance of the Field Improvements), ordinary wear and tear excepted (x) The Village shall provide permits to all groups permitted by the Village to use the Athletic Field The Village shall require that such permits must be available for inspection by the Village police (xi) The Village Parks and Recreation Department will supervise and manage the Village's use of the Athletic Field m accordance with the terms of this Agreement 9 Damage to Athletic Field The Village will (a) assume full responsibility for the character, acts, and conduct of persons admitted to Athletic Field by the Village, including damage to any portion of the Athletic Field or any equipment therein, (b) not injure, nor mar, nor in any manner deface the Athletic Field or any equipment contained therein, and (c) if the Athletic Field or any equipment contained therein is damaged by the act, default or negligence of the Village or its invitees, agents, employees, contractors, guests, officials and representatives, the Village shall cause the Athletic Field and/or equipment to be returned to their condition as existed immediately prior to such damage The Village hereby assumes full responsibility for the character, acts and conduct of all persons admitted to the Athletic Field by the Village or any person acting on behalf of the Village The obligations of the Village under this paragraph are subject to the provisions and monetary limitations of Section 768 28, Florida Statutes, as amended or superseded 4 10 Ordinances and Statutes The Village shall comply with all applicable statutes, ordinances and requirements of all municipal, state and federal authorities now in force, or which may hereinafter be in force, pertaining to the Athletic Field, occasioned by or affecting the use thereof by the Village 11 Assignment The Village shall not assign this Agreement 12 Nuisance The Village shall not use the Athletic Field for any unlawful purpose or m any way which will constitute a nuisance 13 Liability/Indemnification of Owner 13 1 The Village shall save the Owner harmless from and indemnify it against any claim or liability for any use arising in connection with the use of the Athletic Field by the Village, its invitees, agents, employees, contractors, guests, officials and representatives The Village further agrees to hold Owner harmless for any injury, loss, or damage to any person or property on the Athletic Field occurring during the times that the Village has exclusive use and control thereof or by virtue of any act, error, or omission of the Village, except to the extent the same is caused by or results from the carelessness, negligence, or improper conduct of Owner, its agents or employees The obligations of the Village under this paragraph are subject to the provisions and monetary limitations of Section 768 28, Florida Statutes, as amended or superseded 13 2 Except to the extent caused by the negligent or willful acts or omissions of Owner, it is expressly understood and agreed by and between the parties hereto that m no case shall the Owner be liable to the Village or its invitees, agents, employees, contractors, guests, officials and representatives, for any injury, loss and/or damage to any person or property on the Athletic Field during the Village's use thereof, the Village hereby taking all risk in connection with its use of the Athletic Field 14 Independence of the Village It is expressly understood and agreed by and between the parties hereto that the Village is not owned, operated, sponsored, affiliated, or otherwise under the direction or control of Owner Owner has no authority or control over any aspect of the Village's operations, except as provided in this Agreement The Village is an entity entirely independent of Owner related only by the independent contractual terms of this Agreement 15 Warranties by the Owner It is further expressly understood and agreed by and between the parties hereto that, other than as expressly set forth in this Agreement, this Agreement does not contain or embody, and shall not be construed to contain or embody any covenant, warranty or agreement on the part of the Owner, and there are no verbal agreements whatever between the Owner and the Village 5 16 Insurance The Village, at its cost, shall provide liability msurance coverage in the amount of One Million Dollars ($1,000,000 00) per occurrence, and Three Million Dollars ($3,000,000 00) m the aggregate All insurance shall be placed with companies admitted to do business in the State of Florida or which shall have an AM Best rating of at least an "A" The Owner must be a certificate holder on any policy of insurance purchased by the Village m compliance with this Agreement, and it is entitled to receive a copy of any policies of insurance within thirty (30) days of the effective date of the policy The Village shall obtain the insurer's agreement to give not less than thirty (30) days advance notice to the Owner before cancellation, expiration or alteration of any policy of insurance The Village agrees to maintain such policies of insurance during the term of this Agreement, and any failure to do so will constitute a breach of the terms of the Agreement Owner shall be named as an additional insured and said policy will be primary over any other collectible insurance for any liability arising out of claims in connection with this Agreement 17 Expiration At the expiration or termination of this Agreement, as herein provided, the Village will within 24 hours, remove any of the Village's property located at the Athletic Field Additionally, the Village shall surrender Athletic Field in the same condition as when it took possession (except for the Field Improvements), ordinary wear and tear excepted 18 Notices Any notice which either party may or is required to give, shall be given m wntmg and shall be given by mailing the same, certified mail, return receipt requested, postage prepaid, or by hand delivery, or by overnight courier service, to the Village at the address shown below or Owner at the address shown below, or at such other places as may be designated by the parties from time to time Notices may also be delivered by facsimile provided such notice is also sent by one of the methods m the preceding sentence If to Village Village of Key Biscayne 88 West McIntyre Street Key Biscayne, Florida 33149 Attention Jacqueline Menendez, Village Manager Facsimile No (305) 365-8936 and Village of Key Biscayne Attn Director, Recreation Department 88 West McIntyre Street Key Biscayne, Florida 33149 Facsimile No 6 If to Owner Archdiocese of Miami, Inc do Very Reverend Jose Luis Hernando, V F St Agnes Church 100 Harbor Dnve Key Biscayne, Florida 33149 Facsimile No (305) 361-8514 With a copy to Archdiocese of Miami 9401 Biscayne Boulevard Miami Shores, Florida 33138 Department of Temporalities Facsimile No (305) 758-5261 And J Patrick Fitzgerald, Esq J Patrick Fitzgerald, P A 110 Merrick Way Suite 3B Coral Gables, Florida 33134 Facsimile No (305) 443-6613 In addition to being the addressee for notices to the Village, the principal contact for the Village in connection with this Agreement is the Director df the Recreation Department, which is currently Todd Hofferberth 19 Governing Law and Venue Agreement shall be governed by the laws of the State of Florida and venue for the enforcement of this Agreement shall be in Miami -Dade County, Florida 20 Severability and Enforceability The terms of this Agreement are severable, and in the event that any specific term herein is determined to be unenforceable the remainder of the Agreement shall remain in full force and effect 21 No Bathroom Facilities The Village acknowledges and agrees that, in connection with the Village's use of the Athletic Field as provided herein, none of the Church's bathrooms facilities shall be available for use by the Village, its invitees, agents, employees, contractors, guests, officials or representatives 22 Entire Agreement This Agreement, including all exhibits attached hereto, contains the final, complete and entire agreement between the parties and may be modified only by in writing signed by both parties 7 23 Third Party Beneficiaries Neither Owner nor the Village intends to directly or substantially benefit a third party by this Agreement Therefore, the parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either of them based upon this Agreement, including, but not limited to, KBAC 24 Termination The Owner shall be entitled to terminate this Agreement for any reason whatsoever upon six (6) months prior wntten notice to the Village If the Owner exercises such right of termination during the Initial Term, then the Owner shall reimburse the Village for a portion of the costs incurred by the Village for the Field Improvements calculated as follows the total costs incurred by the Village for the Field Improvements shall be amortized over the Initial Term and the Owner shall reimburse the Village for the amortized costs remaining from the date of termination until the expiration date of the Initial Term set forth m Section 3 1 hereof 25 Governing Law This Agreement shall be construed under the laws of the State of Florida 26 Modification of Agreement This Agreement may only be amended by a written agreement signed by the parties hereto 27 Police Protection Owner agrees that the Village shall have no obligation to provide security and police protection for the Athletic Field in excess of the normal level of police protection routinely provided throughout the Village Furthermore, Owner agrees that neither this Agreement nor anything contained herein shall give nse to any greater liability than the Village would ordinarily be subjected to when providing its normal police services as routinely provided throughout the Village 28 Pnor License Agreement This Agreement supersedes and replaces that certain Non -Exclusive Space Usage Agreement and License entered into as of April 1, 2002 between the Owner and the Village [REST OF PAGE INTENTIONALLY LEFT BLANK] 8 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written WITNESSES OWNER Print Name Pt Ht., L MAR I /JEL L aba_&_ Print Name ttra Attest Village Clerk Approved as to legal form and sufficiency By CaliA/101.-----W C4U--- Village Attorney ,-G-t. C, J4v-x Id- « T OST REVEREND JOHN C FAVALORA, Archbishop of the Archdiocese of Miami, his successors in office, a corporation sole VILLAGE VILLAGE OF KEY BISCAYNE, a Florida municipal corporation By Jacqu? 'ne Menendez, (V ge Manager 9 STATE OF FLORIDA SS COUNTY OF MIAMI-DADE The foregoing Agreement was acknowledged before me this al day of June, 2004 by THE MOST REVEREND JOHN C FAVALORA, Archbishop of the Archdiocese of Miami, his successors in office, a corporation sole, who (check on) [] is personally known to me or [ ] has produced a Florida dnvers license as identification 1 (Signature of person taking acknowledgment) (Name of acknowledger typed, printed or stamped) STATE OF FLORIDA ) SS COUNTY OF MIAMI-DADE (Title or rank) liestY PGSe_ ETHEL MMAARINELU L * COMMISSION NUMBER p� DD024543 OF F�O� MY COMMISSION EXPIRES JUNE 5 2005 (Serial number, if any) The foregoing Agreement was acknowledged before me this I day of 2004 by Jacqueline Menendez, as Village Manager of the Village of Key Biscayne, a Florida municipal corporation, in the capacity aforestated, such person is personally known to me or has produced a driver's license as identification My Commission Expires F \100\ 103001\Ballfield\Ballfield Agreement v4 doc 1/4-4140,0.4e. f Notary Public, State of Florida MAYRA F GOMEZ MY COMMISSION # DD 002789 EXPIRES Feb 20 2005 t -8003 -NOTARY FL Notary Service & Bonding Inc , 10 EXHIBIT "A" Legal Description of Athletic Field West 250 feet of Tract "C", 4th Addition to Tropical Isles Homes Subdivision, as recorded in Plat Book 53 at Page 39 of the Public Records of Miami -Dade County, Florida EXHIBIT "B" Schedule of Hours TIME OF YEAR TIME OF DAY AREA March through May 5 30PM to 9 15 PM 3 30PM to 9 15 PM Field Basketball Court August through October 3 30 PM to 9 15 PM 5 OOPM to 9 15 PM Field Basketball Court January through February 5 00 PM to 9 15 PM 3 30 PM to 9 15 PM Field Basketball Court November through January 3 30 PM to 9 15 PM 5 00 PM to 9 15 PM Field Basketball Court * Schedule subject to change in accordance with the St Agnes scholastic athletic program EXHIBIT "C" Field Improvements SCOPE OF WORK General Sitework • Clear and grub field to remove existing sod Soccer Field • Roll and compact grade ■ Import fill material to raise • Grade field to final grade to receive new top soil sand mix • Bermuda 419 Sod shall be planted on the entire areas of the field (Sod maintenance and cutting for a 30 -day period is included ) • The field will be fully irrigated • Water service for irrigation will be a 2" line tapped into the City Mains and fitted with a 2" backflow preventer and water meter • Drainage shall be Catch Basins and French Drains Lighting Sports Lighting System with six poles for soccer field lighting at recreational lighting levels Sports Lighting System with two poles for basketball court at recreational lighting levels General Conditions • Provide supervision • Provide bond and insurance ■ Provide protection and clean-up of site ■ Provide plans and permits RESOLUTION NO 2004-29 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING LIGHTING IMPROVEMENTS AT PLAYING FIELD WHICH IS UTILIZED BY THE VILLAGE AT THE ST AGNES CATHOLIC CHURCH, AUTHORIZING PURCHASE AND INSTALLATION OF LIGHTING IMPROVEMENTS, AUTHORIZING CONTRACT BETWEEN THE VILLAGE AND MUSCO LIGHTING FOR SUPPLYING AND INSTALLING LIGHTING EQUIPMENT, RECOGNIZING SERVICES AND PRODUCTS AS EXEMPT FROM COMPETITIVE BIDDING PURSUANT TO SECTION 2-86 OF THE VILLAGE CODE, PROVIDING FOR EFFECTIVE DATE WHEREAS, pursuant to Section 3 07(b) of the Village Charter, the Village Council desires to authonze the expenditure of Village funds for the purchase and installation of lighting equipment (the "Equipment"), at the playing fields utilized by the Village pursuant to Agreement with the Archdiocese of Miami, Inc , a Florida, not for profit corporation, at St Agnes Catholic Church, as described in the Village Manager's Memorandum, marked as Exhibit "A" and attached hereto, and WHEREAS, it is necessary to expeditiously proceed with the procurement and installation of the Equipment, and WHEREAS, the Village Council finds, upon advice from the Village Attorney, that the purchase and installation of the Equipment, is exempt from competitive bidding, as being based upon the bid of another government agency, to -wit the City of Jacksonville, pursuant to Section 2-86 of the Village Code, and WHEREAS, the Village Council finds that it is in the best interest of the Village to proceed as indicated in this Resolution 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 Work Authorized, Specification of Funds That the purchase and installation of the lighting equipment and facilities (the "Equipment") to serve the playing field to be utilized by the Village as described herein and in Exhibit "A", attached hereto, are hereby approved and authorized, subject to each of the following conditions a That the cost of the purchase and installation of the Equipment shall not be more than $190,000 00, b That the fund amount and source for the Equipment is hereby authonzed and approved as described in Exhibit "A" c That the Village first obtain an appropriate use agreement for the playing fields with a term of at least five (5) years Section 3 Agreement Approved That the Village Manager is hereby authorized to enter into an agreement with Musco Lighting for the purchase and installation of the Equipment (the "Agreement"), in a form and substance approved by the Village Attorney, which is consistent with the requirements of this Resolution, and such Agreement is hereby approved, subject to approval of the Village Attorney as to form and legal sufficiency Section 4 Implementation That the Village Manager is hereby authorized to take any and 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 2 PASSED AND ADOPTED this 22nd day of June, 2004 ifr4,-0 (dal L_L. MAYOR ROBERT OLDAKOWSKI 4et,' CNCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED A TO FORM AND LEGAL SUFFICIEN VILLAGE ATTO 103 001/Resolutions/Lightin Improvements at playing field leased from St Agnes 6 16 04 3 RESOLUTION NO 2004-30 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE PROCUREMENT OF ENGINEERING SERVICES INCLUDING DESIGN, PERMITTING, BIDDING AND CONSTRUCTION ADMINISTRATION ENGINEERING SERVICES FOR CRANDON BOULEVARD - PHASE II IMPROVEMENTS FOR THE VILLAGE OF KEY BISCAYNE, FROM THE FIRM OF CORZO CASTELLA CARBALLO THOMPSON SALMAN, P A ("C3TS"), PROVIDING FOR APPROVAL OF WORK AUTHORIZATION PURSUANT TO CONTINUING CONTRACT, PROVIDING FOR IMPLEMENTATION, PROVIDING FOR EFFECTIVE DATE WHEREAS, pursuant to Resolution No 98-34, the Village of Key Biscayne entered into a senes of continuing contracts with engineenng firms for necessary services, and WHEREAS, the engineering firm of Corzo Castella Carballo Thompson Salman, P A ("C3TS") is under a continuing contract to the Village as authonzed by Resolution No 98-34, and WHEREAS, the Village finds that it is in the best interest of the Village to utilize C3TS for the purpose of performing all necessary engineering services for Crandon Boulevard Improvements — Phase II, in accordance with the attached Work Authorization and with the Village Manager's memorandum, which accompanies this Resolution 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. Work Authorized, Specification of Funds. That pursuant to the existing continuing contract between C3TS and the Village, the performance of engineenng services for design, permitting, bidding and construction administration services for the Crandon Boulevard Improvements — Phase II, is hereby authonzed subject to the funding source and limitations set forth in the above referenced Village Manager's memorandum Section 3 Agreement Approved That the Village Manager is hereby authonzed to execute the Work Authonzation in substantially the form attached hereto, for the engineering work authonzed hereunder between the Village and C3TS, once approved by the Village Attorney as to legal form and sufficiency Section 4 Implementation That the Village Manager is hereby authonzed to take any necessary action to implement the purposes of this Resolution and the Work Authonzation Section 5 Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 29th day of , lune , 2004 2-0 (tiAtt MAYOR ROBERT OLDAKOWSKI CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY VILLAGE ATTORNE 103 001/Resolutions/Engineering Services for Phase II of Civic Center with C3TS 6 8 04 2 CORZOI CASTE LLA CARIALLO THOMPSON SAL MAN CM Engineers Architects Planners EB0005022 AAC002142 June 14 2004 Village of Key Biscayne 88 West McIntyre Street Key Biscayne Florida 33149 Attention Reference WORK AUTHORIZATION Mr Jud Kurlancheek, AICP Director, Building Zoning and Planning Crandon Boulevard Improvements — Phase II Final Design Permitting Bidding & Construction Phases Village of Key Biscayne, Florida Dear Mr Kurlancheek The firm or Corzo Castella Carballo Thompson Salman P A (C3TS) is pleased to submit this proposal for professional services for the Village of Key Biscayne to perform the final design construction documents permitting and provide bidding and construction administration services for Phase 2 of the Crandon Boulevard Improvements I Project Scope The second phase in the implementation of the Crandon Boulevard Master Plan will focus on the north half of the overall Master Plan project Phase 2 will consist of the master -planned improvements along Crandon Boulevard starting at the north Village limits and terminating at the north end of the Phase 1 improvements (at McIntyre/Galen intersection), and also along Harbor Drive from Fernwood Drive to Crandon Boulevard The Phase 2 project will also include bus shelters along the entire Crandon Boulevard within the Village limits The improvements shall be in general accordance with the Crandon Boulevard Master Plan prepared by C3TS and dated February 2004 II Scope of Services Project kick-off meeting The project design kick-off meeting will include members of the C3TS design team (project manager, civil engineers architect landscape architect and electrical engineer) and Village of Key Biscayne personnel from the various departments involved with the project and personnel from Miami -Dade County Public Works In the meeting the goals and scope of the project the schedule and the budget will be discussed in detail in order to establish a shared expectation of project success The lines of communication will be be established to ensure a timely response to issues and a well coordinated and well executed project Minutes of the meeting will be prepared and distributed to all attendees and other interested parties 901 Ponce de Leon Blvd Suite 900 Coral Gables Florida 33134 305 445 2900 1 800 448 0227 Facsimile 305 445 3366 Web Site www c3ts corn Equal Opportunity Employer Work Authorization Crandon Boulevard Improvements, Phase 2 Village of Key Biscayne June 14, 2004 Page 2 Task A Design Survey Right-of-way and topographic survey along the project route The specific scope of survey services from Ford Armenteros Manucy is attached to this proposal Task B Geotechnical Testing Shallow SPT borings and SFWMD usual open -hole tests will be conducted along the project route, as needed to support the design of new pavements, drainage systems and signalization components or streetscape elements Since the majority of the route will be utilizing existing pavement areas, these tests will be reserved mainly for those areas where existing green space is being utilized for the new corridor and drainage modifications will be needed to replace those being impacted by construction and/or relocation of existing facilities Exfiltration tests will only be performed in areas where potential new drainage systems will be constructed to replace those being impacted by construction The specific scope of geotechnical services from Wingerter Laboratories is attached to this proposal Task C Final Design & Permitting Based on the approved Crandon Boulevard Master Plan, final construction documents and specifications will be prepared to include • Typical Sections • Demolition Plans • Maintenance of Traffic and Phasing Plans • Roadway Plans & Profile • Drainage Plans & Profile ■ Construction Details • Architectural Streetscape & Street Furniture Plans • Bus Shelter Construction Plans • Entrance Features Construction Plans ■ Landscaping & Irrigation Plans • Pavement Marking & Signing Plans • Signalization Plans • Lighting Modification Plans • Erosion Control Plans (NPDES) A preliminary (30%) a pre -final (90%) and a final (100%) cost estimate for the project will be prepared and submitted concurrently with the 30% 90% and 100% plan submittals which are scheduled for this project The Project Manual will be prepared to include front-end bid documents construction contract provisions and technical specifications Work Authorization Crandon Boulevard Improvements, Phase 2 Village of Key Biscayne June 14, 2004 Page 3 C3TS will file and process the permits for these projects It is anticipated that a Miami - Dade County Public Works permit and a Miami -Dade DERM permit will be required for the project Additionally an erosion and sedimentation control permit shall be required through the Florida Department of Environmental Protection During the design process, we will work with staff and the Crandon Boulevard Implementation Committee in the development of the design, and present project updates to the Village Council every other month or at project milestones Task D Bid Phase Services It is anticipated that the Village will seek to pre -qualify Contractors in an initial Request for Qualifications for both projects at approximately the 30% completion stage of their respective design Qualifications and criteria for pre -selection shall include but not be limited to previous experience with the Village of Key Biscayne similar type construction experience, previous bid history current workload, financial stability insurance and bonding capabilities proximity to the project ability to work with the Village preparing cost estimates history of claims and/or legal action and the firm's Affirmative Action Plan/EEO/Federal Wage Rate history The pre -qualified firms will be required to provide preliminary pricing at least once prior to bidding Then, upon 100% plan completion and permitting, they will hard -bid the project During this pre-qualification/bid phase we shall provide e -documents needed for publishing RFQ/bid on Demand Star attend conferences, prepare minutes for distribution answer Contractor inquiries prepare any addendums, review contractor qualifications and bid proposals and make recommendation for pre -qualifications and award to the Village Pre -qualification meetings shall be held separately with each potential Contractor in order to more fairly judge the qualifications of each firm Subsequently, once all of the short-listed firms have been selected the preliminary cost estimating sessions shall be held as a group with all firms in attendance so that continuity is maintained throughout the process No uninvited firms shall be allowed to participate in the final hard bid phase C3TS shall provide the bid item list technical specifications and special provisions needed for the bid documents The Village of Key Biscayne shall be responsible for providing the front end documents C3TS shall review the front end documents for potential conflicts with the plans and specifications and provide written comments to the Village with regard to these issues Task E Construction Administration During the construction phase it is our understanding that C3TS will provide Construction Administration services as follows • Prepare Contract Documents Notice of Award and Notice to Proceed • Attend pre -construction conference and prepare minutes for distribution Work Authorization Crandon Boulevard Improvements, Phase 2 Village of Key Biscayne June 14, 2004 Page 4 • Shop drawing review • Attend periodic progress meetings and prepare minutes for distribution • Respond to Contractor request for information (RFI) and clarification/ interpretation of contract documents • Coordinate utility concerns and issues with regard to conflicts • Process all Construction correspondence and maintain files • Review and Make Recommendations for Contractor payment requisitions • Review and Make Recommendations for Contractor change order requests, if any • Provide part-time resident inspector (approximately 20 hours per week) • Provide final inspection, punch -list, and contract close-out • Coordinate materials and density testing • Provide photographic history of project in digital format Task F Reimbursables All permit fees will be paid for by C3TS, and invoiced to the Village as direct reimbursable costs Any fees associated with additional reproducibles not provided for in Section III of this scope shall also be invoiced to the Village as direct reimbursable expenses It is not anticipated that travel expenses will be needed for this project but should it become necessary to provide inspections, meet with out-of-town individuals/agencies or make presentations on behalf of the Village for any purposes these expenses shall also be included as reimbursable costs A lump sum fee shall be established that should cover all of the potential reimbursable costs Portions of that fee shall be billed as necessary to cover costs on a monthly basis III Deliverables Format The construction drawings will be delivered in 11" x 17' format The Project Manual and Specifications will be delivered in 8-1/2 x 11" format and in electronic Word format, also on CD One set of plans shall be delivered to each Contractor, as well as the Village, during the cost estimating phases of the project A total of twenty (20) sets of 30%, 90%, and 100% of Construction Drawings plans (11 x 17 format) shall be supplied to the Village for dissemination to the Implementation Committee Village staff and Village Council A record set plus one additional copy to be used for reproductions shall be provided to the Village for the purposes of assembling the final hard bid packages All reproductions for the final hard bid shall be provided by the Village Additionally a total of seven (7) sets of construction documents (includes signed and sealed plans plus specification documents) shall be supplied to the Village for permitting purposes All copies of plans and specifications needed for procuring permits applied for by C3TS 0 e — MDCPW, DERM etc) shall be provided by C3TS Work Authorization Crandon Boulevard Improvements, Phase 2 Village of Key Biscayne June 14, 2004 Page 5 IV Fees The total fees for this project have been calculated in the attached Manhour Estimates spreadsheet The fee for these services is broken down as follows Task A — Design Survey $23,600 Task B — Geotechnical Testing $5 240 Task C — Final Design Phase $223 220 Task D — Bid Phase $14 130 Task E — Construction Phase $118 570 Task F — Reimbursables $7,500 Fee Total Lump Sum $392,260 The design and plan production services will be completed within 240 days from the issuance of the work authorization This provides for completed plans by February 28, 2005 (assuming a July 1, 2004 start date) so that the final bid from the Contractors can be attained by March 31, 2005 We will work with the Village to expedite permitting, however, the time required for permit review and issuance is not within our control This project schedule is contingent upon timely reviews by the Village and all other reviewing agencies V Insurance, Indemnification C3TS shall mainatain liability insurance related to the work undertaken by it hereunder as reflected on the Certificate of Insurance which is attached hereto as Exhibit "A including the Village as Certificate Holder and additional insured for this work Further C3TS shall indemnify and hold harmless Village, its officers and employees in accordance with and as authorized by Section 725 08, as if said statute was incorporated herein verbatim This proposal will be subject to the terms of the signed Agreement between the Village of Key Biscayne and C3TS PA for Professional Services dated 07/15/98 If you have any questions please do not hesitate to give me a call at (305) 445-2900 or e-mail at rcastella c3ts corn We thank you for the opportunity to offer these services and look forward to our continued working relationship with the Village If this proposal is deemed acceptable to all parties, please sign in spaces provided L \Projects\1108 00\W 0 Proposals\WO060404CrandonBlvdImprovPhas cg ine Menende illage Manager Village of Key Biscayne amon Castella P E PrincipalNice President C3TS P A Work Authorization Crandon Boulevard Improvements, Phase 2 Village of Key Biscayne June 14, 2004 Page 6 FEE WORKSHEET SUMMARY Phase Fee Design Survey $23,600 Geotechnical Testing $5 240 Final Design Phase $223,220 Bid Phase $14 130 Construction Phase $118 570 Reimbursables $7,500 Total $392,260 L \Projects\1108 00\W 0 Proposals\WO060404CrandonBlvdImprovPhase2 doc Geotechnical Sub -Consultant Corzo CasteIla Carballo Thompson Salman P A DATE PROJECT Design Survey FEE WORKSHEET June 14 2004 Crandon Boulevard - Phase II Final Design Services Village of Key Biscayne Survey Engineering Coordination 6 16 Fee Worksheet - Page 1 Crandon Blvd Improvements Phase II 20 18 12 2 Sub -Total Hours 6 16 20 18 12 2 Billing Rate 135 95 80 65 55 45 Labor Cost $810 $1 520 $1 600 $1 170 $660 $90 Labor Sub -Total $5 850 Survey Sub -Consultant Geotechnical Testing Testing Engineering Coordination Sub -Total Hours Billing Rate Labor Cost Labor Sub -Total $2 210 2 8 135 95 270 760 12 12 80 960 $17 750 Total $23 600 2 0 65 55 130 0 2 2 45 90 $3 030 Total $5 240 Corzo Castella Carballo Thompson Salman P A Final Design Phase Streetscape Architectural Treatment Plans (16 shts @ 1"= 20' Streetscape Details (4 sheets) Coordination w/ Landscaping Lighting Drainage & Utilities Roadway and Drainage 48 60 6 36 36 16 36 36 16 Fee Worksheet - Page 2 Crandon Blvd Improvements Phase II 48 48 24 80 80 12 4 4 4 Key Sheet Typical Sections (2 sheets) Plan & Profile Sheets (12shts @ 1 = 20 ) Special Plan Details (3 sheets) Special Profiles (2 sheets) Cross Sections (2 sheets) Notes Details & Schedules (3 sheets) Phasing & MOT Plans (3 sheets) Erosion Control Plans 2 4 8 60 12 4 2 4 8 36 12 16 8 6 12 72 24 24 36 16 12 72 24 16 36 12 16 160 36 16 16 8 8 2 12 4 24 6 24 12 16 18 Demolition Plans 2 6 12 12 20 Utility Conflict Details Pvmt Marking, Signing & Signal Mods .PM&S Plan Sheets (6 sheets) 2 6 8 16 8 2 Intersection Signal Details (6 shts ) Details and Notes 4 16 24 2 24 36 36 36 4 36 4 72 4 General Coordinate and Review Mtgs Cost Estimates (30 90 & 100%) Project Specifications Project Manual / Bid Forms Permitting 48 48 24 4 8 16 24 24 2 8 16 16 12 2 8 12 6 MDCPWD 16 24 24 8 8 DERM Key Biscayne Building & Zoning 2 6 8 2 4 12 8 4 Final Design Phase Sub -Total Hours Billing Rate 312 135 376 95 506 80 464 65 598 55 50 45 Labor Cost $42 120 $35 720 $40 480 $30 160 $32 890 $2 250 Labor Sub -Total $183 620 Landscaping/Irrigation Sub -Consultant Reproduction Costs (Submittals and Permitting Printing) $38 000 $1 600 Total $223 220 Corzo CasteIla Carballo Thompson Salman P A Bid Phase Preparation of RFQ Pre -submittal Conference Fee Worksheet - Page 3 Crandon Blvd Improvements Phase II 6 6 6 6 8 4 4 4 2 Contractor Inquiries and Addendum Review of RFQ Pkgs + Pre-qual mtgs Periodic Pric'g for Pre-Qual Contractors Hard Bid Coordination 2 6 4 4 6 12 4 6 8 6 8 6 4 4 8 4 4 Bid Tabulation & Recomm For Award 2 4 8 4 2 Bid Phase Sub -Total Hours 34 42 40 14 0 32 Billing Rate 135 95 80 65 55 45 Labor Cost $4 590 $3 990 $3 200 $910 $0 $1 440 Labor Sub -Total $14 130 Construction Phase (Assumes 9 month continuous construction period) Pre -construction Conference & Activities Shop Drawing Review Bi-weekly Meetings Contractor RFI and Clarifications 24 6 24 Contractor Payment Requisitions 8 Contractor Change Order & Requests 8 Full-time Resident Inspection (40 hrs/wk) 12 Final Inspection & Close-out 8 24 24 36 10 12 80 48 18 140 24 4 24 40 24 12 48 24 Total $14 130 12 6 8 780 16 4 24 12 4 48 8 Construction Phase Sub -Total Hours 90 356 200 844 114 Billing Rate 135 95 80 55 45 Labor Cost $12 150 $33 820 $16 000 $46 420 $5 130 Labor Sub -Total $113 520 Landscaping/Irrigation Sub -Consultant Materials and Supplies - Field Reimbursables Allowance for permit fees and additional reproduction L \Projects\1108 00\W 0 Proposal\FeeWorksheetCrandonBlvdlmprov Phasell xls $4 500 $550 Total $118 570 $7 500 Ktc EIV L 6/10/04 9 10AM >C3TS #597 PAGE 2 JUN 10'2004 09 53 30547790 ) COMBINED UNDE #4070 P 002/002 ACORD„ CERTIFICATE OF LIABILITY INSURANCE C3$"s�DoEN i DATE 0 0 PRODUCER Combined Uyndarwr3Ltar• of Miami 7950 NW 53 Street, Suite 201 Miami FL 33166 Phone 305-477-0444 Fax 305-599-2343 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE NAIC 0 INSURED CORED CASTELLA, CARBALLO TNTsON SALMAN, P A GABLES 331341 PONCE DE LEON + #900 CORAL INSURERA ASSURANCE COMPANY OF AMERICA_ y INSURERS TIG INSURANCE COMPANY38 INSURER C TRAVELERS INDEMNITY COMPANY INSURER 0 AFRICAN HOME ASSURANCE CO INSURER E CONTINENTAL CASUALTY COMPANY COVERAGES THE POLICIES OF INSURANCC LISTED =OW HAVE OCEN ISSUCD TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 8E ISSUED OR MAY PCRTAIN THE INSURANCE AFrORDED EY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ILTA WL INS TYPE OP INSURANCE POLICY NUMBER ��Ic DATE (EMWDD/YYI 'DATE tMMIDp/y N LIMITS A C GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY 7 CLAIMS MADE t ,OCCUR $500 HI & PD DED 10069-2001 EMPLOY/CRT PRACT:Csa LIAB - - 09/22/03 10/16/03 09/22/04 10/16/04 - -- EACH OCCURRENCE $1,000,000 X DAMAGE REm MD S(Eseauureioe) $ 50,000 MED EXP (Any one p MINNOW 101011011•62.4111.1M $ 5 000..111•111•M . X PERSONAL BADV INJURY 31 , 000, 000 PER CLAIM mom. $ 41000 f 000 _ GENL AGGREGATE LIMIT APPLIES PER POLICY PR LOC PRODUCTS COMP/OP AGO :20001000 1c000/000 i il EMPL PRAC . AUTOMOBILE _JECT LIABILITY ANY AUTO ALL OWNED AUTOS SCHEOULCO AUTOS HIRED AUTOS NONAWNED AUTOS COMBINED SINGLE LIMIT (Es ecd ern) BODILY INJURY (Per pew') $ BODILY INJURY (Per aoCldent) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY AGO $ E EXCESS/UMBRELLALIABILITY OCCUR El CLAIMS MADE DEDUCTIBLE RETENTION $10000 ,ROneem►IAA UNHURT 08/26/03 05/26/04 EACH OCCURRENCE 31,000,000 7 AGGREGATE $2,000,000 KY0050206 $ X $ _ $ • D WORKERS EMPLOYERS OFFICERRMIEMBERR K ya SPECIAL COMPENSATION AND LIABILITY EXCLUDED?�C�� deeaibe under PROVISIONS below NC6551288 01/01/04 01/01/05 XITaYblAWS I 1EN ELEACHACCIDENT :100000 E L DISEASE EA EMPLOYEE $ 100000 E L DISEASE POLICY LIMIT s 500000 A OTHER LOC 1 LOC 2 10069-2001 BLANKET COMP 200,000 09/22/03 09/22/04 CONTENTS 273000 CONTENTS 75000 DESCRIPTION OP OPERATIONS / LocATIONS (VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT,' SPECIAL PROVISIONS LOC #1 901 PONCE DE LEON BLVD #900-400-200 C GABLES - LOC #2 3996 NW 9 AVE FT LAUD CONTENTS $75,000 REPLACEMENT COST/SPECIAL COVERAGE/ 1,000 DEDUCTIBLE CERTIFICATTE HOLDER IS LISTED AS AN ADDITIONAL INSURED CERTIFICATE HOLDER CANCELLATION VILL001 VILLAGE OF KEY BISCAYNE 68 WEST MCINTYRE STREET KEY BISCAYNE FL 33149 ACORD 26 (2001/08) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIPICAT - DER NAMED TO THE LEFT 0 SHALL IMPOSE NO OBLIGATION 0 UABI OP ANY KIND UPON THrINBJRER, R9 AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATI C-4 /1 SUSAN SAN r Z- ` '' GOL ® ACORD CORPORATION'1988 EXHIBIT A - page 1 CERTIFILATE OF LIABILITY I. URANCE THIS CERTIFICATE IS ISSUED FOR INFORMATION PURPOSES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE OF LIABILITY INSURANCE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED DATE (MM/DD/YYYY) 06/10/2004 INSURERS PRODUCER Marsh USA Inc or BROKER 800 Market Street Suite 2600 St Louis, MO 63101 Phone (314) 512-2415 A Discover Specialty Insurance Company p p y B C INSURED Corzo Castello Carballo Thomps & Enterprise Rent-A-Car Company et al 600 Corporate Park Drive St Louis MO 63105 D E THE INSURANCE POLICIES LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD LISTED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE OF LIABILITY INSURANCE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES LISTED BELOW IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGRATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS COVERAGES INSURER TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE LIMITS LETTER GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCURENCE A AUTOMOBILE I V n d V LIABILITY I ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON OWNED AUTOS See Below* D187A00001 126801 5/17/2004 5/17/2005 Combined Single Limit $1 000 000 Bodily Injury per Person Bodily Injury per Acc Property Damage GARAGE LIABILITY ANY AUTO EXCESS LIABILITY UMBRELLA OTHER Than UMBRELLA Form WORKERS COMPENSATION AND EMPLOYERS LIABILITY DESCRIPTION Policy provides protection for any & all operations/jobs performed by the named insured Certificate holder is included as an additional insured as their interest may appear Any vehicle leased from Enterprise Fleet Services where the contract includes auto insurance coverage Waiver of Subrogation included where required by written contract Insurance is Primary and Non contributory HOLDER VENDOR ID 120 GPBR 41 AUTHORIZED REPRESENTATIVE VILLAGE OF KEY BISCAYNE 88 WEST McINTYRE STREET KEY BISCAYNE, FL 33149 CANCELLATION SHOULD ANY OF THE ABOVE POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LIFT BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES opynght Moonlit Enterpnzes 1999 2003 All Rights Reserved Form# CV1a 10/25/2002 EXHIBIT A - page 2 AGREEMENT FOR PROFESSIONAL SURVEYING SERVICES Between FORD, ARMENTEROS & MANUCY, INC And C3TS Project Crandon Blvd Main Road (from Harbor Drive going South to the Entrance to Cape Florida Sate Park) Based on our understanding of your requirements, Ford, Armenteros & Manucy, Inc , (FAM) is prepared to provide you with the following scope of services TASK #1 ROUTE SURVEY (RIGHT-OF-WAY) (357) SITE PHASE 1- Crandon Blvd from Harbor Drive going South to Galan Drive including 5 bus stop sites being Southerly of Galen Drive including 25' into R/VV Location and Elevations, side streets Key Colony 100' after guard house, Sonesta Drive 250', Heather Dr 150', Grand Bay 150', Galen Dr 150' Also we provided an up dated survey of the Key Biscayne /Harbor Drive prepared on 5/20,1999 on project number 99 126 Under this task, FAM shall prepare a Route Survey including the following information from within the public nght-of-way • Edge ofpavement; cubs & gutters, sidewalks, and driveways • Trees and landscaped areas in right-of-way, caliper and species of trees • Utilities water valves, drainage inlets, sanitary sewer manholes, water meter boxes, power poles, light poles, etc Indicate sizes of underground utilities. • Fence lines, sign posts, and other pnvate improvements • Aerial overhead lines • Property lines /lot lines • Right -of way centerlines and elevations • Dimensions ofp .t information. • Pavement cuts and changes in pavement surfaces • Survey 25 feet into the right of way Also we are to provide elevations as follows • At 25 feet on center, of centerline, edge of pavement, flout of sidewalk, center of grass swale, back of sidewalk, right-of-way line and 25 feet outside of right-of-way line • Utility pipe inverts where connected to manholes, inlets or headwalls • A drawing file (AutoCAD R14) will be provided along with a repnoducrble plot. PROFESSIONAL FEES TASK#1 $17,750 00 fixed (plus expenses*) Fixed fee includes above work description & five copies of survey * see last page Client s Irur:als Q lDocumentlFORD COMPANIESIProposalslSurveyengtPROPOSAL CRANDON BLVD C3 TS doc WO/ uts/ Guu4 10 U0 ri1A r It is our policy to complete our work m the most efficient and cost effective manner Please rest assured that we would utdwe our best efforts on the client's behalf We are prepared to proceed with the work described above We request that you acknowledge acceptance of the proposal by signing the endosed copy of this letter and returning it to us at your earliest possible convenience We appreciate the opportumty to submit our proposal and look forward to working with you on this project. THIS AGREEMENT FOR PROFESSIONAL SURVEYING SERVICES AND ATTACHED GENERAL CONDITIONS ARE HEREBY ACKNOWLEDGED AND ACCEPTED FORD, ARMENTEROS & MANUCY, INC C3TS Edwin J Ferns` n e Survey Department Director For the Firm Date c l22 B/ 2t�D�' Authorized Representative Print Name Date Client s Initials Q 1DocumentIFORD COMPANIES1Proposals\Survey:nglPROPOSAL CRANDON BLVD C3TS doc &5)A14/04 FRI 09 49 FAX 3059491;28 WINGERTER LABS INC 4111111 WINGERTER LABORATORIES, INC. Engineering Testing & Inspection Services 1820 N E 144th Street, North Miami, FL 33181 Telephone No (805) 944-3401 Fax No (305) 949-8698 r 41./MEEMr •••••1•111111. Nom. PRICE QUOTATION To Corzo, Castella, Carballo, Thompson, Salman, P A Date May 14th, 2004 Attn Mr Carlos Herdocia Phone (305) 445-2900 901 Ponce De Leon Blvd., Suite 900 Fax (305) 445.3366 Coral Gables, FL 33134 Project Crandon Boulevard Improvements Crandon Boulevard and Harbor Drive, Key Biscayne, FL C3TS Project No PROPOSED SERVICES - 1 - Perform Eighteen (18) Standard Penetration Tests with Standard Truck Mounted Drill. Rig along the shoulder of Crandon Boulevard and Harbor Drive to depth of 6' below land surface Test to be conducted at 500' intervals at alternate sides of the road Lump Sum = $1,(180 00 2 - Perform Four (4) SFWMD Standard Percolation Test with Standard Truck Mounted Drill Rig at locations established by your representative Lump Sum = $1,:. 00 00 3 - Perform Boring Layout, Site Inspection & Conduct Underground Utility Clearances through SUNSHINE by Staff Engineer Lump Sum = $250 00 4 - Engineering Evaluation and Foundation Recommendations Report Lump Sum — $40{) 00 ESTIMATED TOTAL W $3,(130 00 PAYMENT TERMS. Net 30 Days, Invoiced upon completion of work NOTES Conducting the above referenced tests involves driving a heavy truck mounted drill rig into the property, and drilling holes into he ground Wfngerter Laboratories, Inc. will not assume responsibility for damage to underground utilities, septic tanks or other underground structures which may result front drilling activities or mobilization of the truck mounted equipment, rf not ulentifi d to us prior to mobilization to the site. Prepared By Executive Vice President I hereby by author]ze WINGERTER LABORATORIES, INC to proceed with above r refer rtced scope of work and agree to pay for these services as per the terms described above Accepted By ._._ Date Name Title Philadelphia Coral Gables Dallas Lake Placid San Diego San Francisco Planning & Design June 2, 2004 Mr Ramon Castella C3TS 901 Ponce de Leon Boulevard Coral Gables, FL 33134 Re Proposal to Prepare Landscape and Irrigation Design and Construction Plans for Crandon Boulevard from the entrance to the Village of Key Biscayne to Galen Drive and + 600 LF of Harbor Drive from Crandon Boulevard to a Traffic Roundabout Dear Ramon On behalf of Wallace Roberts & Todd, LLC (WRT), I am pleased to present this proposal to prepare Landscape and Irrigation Design and Construction Plans for you Crandon Boulevard project for the Village of Key Biscayne, Florida This proposal assumes that C3TS will provide accurate site plans and existing imgation plans in AutoCAD format and that WRT will provide landscape and imgation design services in two phases Phase One 1 WRT will research the Dade County and the Village of Key Biscayne Codes and determine the landscape requirements for this project WRT will assume that the C3TS plans meets Miami -Dade County and FDOT site plan requirements 2 WRT will prepare Landscape Design Concepts for presentation and discussion with Village of Key Biscayne Stakeholders These conceptual plans will be based on the following assumptions • The entrance area to the Village of Key Biscayne will receive special upgrade treatment • The concepts will focus on shade trees in the swale areas and additional coconut palms in the median • Irrigation will only be required in the swale areas (the medians are currently irrigated) • The "park frontage' area will include the addition of flowering trees • The estimated budget for landscape and imgation improvements is $500,000 00 Wallace Roberts & Todd, LLC 191 Giralda Avenue Penthouse Coral Gables FL 33134 305 448 0788 www wrtdesign com fax 305 443 8431 4, I • There will be a maximum of 8 review meetings with stakeholder groups including the Village of Key Biscayne Village Council • WRT will not be responsible for permit dry runs or applications for permitting 3 Based on the comments and direction following the review of the absarnetwee- concepts, WRT will prepare a final Landscape Master Plan for approval by the Village of Key Biscayne Village Council Phase Two 1 Based on an approved Landscape Master Plan, if authorized, WRT will prepare full Landscape and Irrigation Design and Construction Documents and provide full Construction Administration Services for the Landscape and Irrigation portion of the project 2 WRT will prepare an Estimated Cost of Construction for the Site Landscape and Irrigation Improvements Fees for Professional Services WRT proposes to complete the two phases of work outlined above in accordance with the following schedule of fixed fees including normal reimbursable expenses Phase One $---;868' +L000 Phase Two Total Fees $ 30,000 $405000- 4'39, o00 If this proposal meets with your approval, please prepare a sub -consulting agreement contract, which will serve as our authorization to proceed with the phase one basic services If modification of this proposal would better suit your needs, please contact me Marston, ASLA RESOLUTION NO 2004-31 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, DETERMINING THE PROPOSED MILLAGE RATE, THE CURRENT YEAR ROLLED -BACK RATE, AND THE DATE, TIME AND PLACE FOR THE FIRST AND SECOND PUBLIC BUDGET HEARINGS AS REQUIRED BY LAW, DIRECTING THE CLERK AND MANAGER TO FILE SAID RESOLUTION WITH THE PROPERTY APPRAISER OF MIAMI-DADE COUNTY PURSUANT TO THE REQUIREMENTS OF FLORIDA STATUTES AND THE RULES AND REGULATIONS OF THE DEPARTMENT OF REVENUE OF THE STATE OF FLORIDA, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on July 1, 2004 the Honorable Joel Robbins, Property Appraiser of Miami - Dade County, Flonda, served upon the Village of Key Biscayne, A "Certification of Taxable Value" certifying to the Village of Key Biscayne its 2004 taxable value, and WHEREAS, the provisions of Flonda Statutes Section 200 065 require that within thirty-five (35) days of service of the Certification of Taxable Value upon a municipality, said municipality shall be required to furnish to the Property Appraiser of Miami -Dade County the proposed millage rate, the current year rolled -back rate, and the date, time and place at which a first public hearing will be held to consider the proposed millage and the tentative budget, and WHEREAS, the Village Council desires to announce the dates of the first and second public heanngs to the Property Appraiser of Miami -Dade County, and WHEREAS, the Village Council has reviewed the figures supplied by the Property Appraiser of Miami -Dade County and conferred at a public meeting with the Village Attorney and that being otherwise fully advised in the premises NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 That the proposed millage for the first public heanng is hereby declared to be 3 606 mills which is $3,606 per $1,000 00 of assessed property within the Village of Key Biscayne Section 2 That the current year rolled -back rate, computed pursuant to Section 200 065 F S , is 3 416 per $1,000 00 Section 3 That the date, time and place of the first and second public hearings is hereby set by the Village Council as follows Date Time Place September 14, 2004 7 00 p m Tuesday Key Biscayne Fire Station Council Chamber (Second Floor) 560 Crandon Boulevard Key Biscayne, Flonda 33149 September 28, 2004 7 00 p m Key Biscayne Fire Station Tuesday Council Chamber (Second Floor) 560 Crandon Boulevard Key Biscayne, Flonda 33149 Section 4 That the Village Clerk and Village Manager are directed to attach the original Certification of Taxable Value to a certified copy of this resolution and serve the same upon the Honorable Joel Robbins, Property Appraiser of Miami -Dade County on or before August 5, 2004 Section 5 This resolution shall be effective immediately upon its adoption PASSED AND ADOPTED this 3rd day of August , 2004 z -G cnecU l ti L.2.,,, MAYOR ROBERT OLDAKOWSKI CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO LEGAL SUFFICIENCY \SJ44....1... VILLAGE ATTORN Y SECTION I Certification of Taxable Value DR 420 R 01/95 2004 Year Miami -Dade County (1) Current Year Taxable Value of Real Property for Operating Purposes (2) Current Year Taxable Value of Personal Property for Operating Purposes To Village of Key Biscayne (Name of Taxing Authority)) $ $ (3) Current Year Taxable Value of Centrally Assessed Property for Operating Purposes $ (4) (5) (6) (7) (From Prior Year Applicable Form DR 403 Series) I do hereby certify the values show herein to be correct to the best of my knowledge and belief Witness my hand and official signature at Miami -Dade County Florida this the 1st day of 20 04 Current Year Gross Taxable Value for Operating Purposes (1) + (2) + (3) Current Year Net New Taxable Value (New Construction + Additions + Rehabilitative Improvements Increasing Assessed Value By At Least 100% + Annexations Deletions) Current Year Adjusted Taxable Value (4) (5) Prior Year Final Gross Taxable Value 3,831,467,688 43,867,826 -0- $ 3,875,335,514 $ $ $ 29,025,682 3,846,309,832 3,643,688,562 TAXING AUTHORITY If this portion of the form is not completed in FULL your possibly lose its millage levy privilege for the tax year If any line is inapplicable, en er N/A or 0 - SECTION II re of Property Appraiser (8) Prior Year Operating Millage Levy (9) Prior Year Ad Valorem Proceeds (7) x (8) (10) Current Year Rolled Back Rate (9) divided by (6) (11) Current Year Proposed Operating Millage Rate ity will be denied TRIM certification and $ 3 606 per$1000 $ 13, 139, 141 $ 3.4160 per$1000 $ 3.6060 per$1000 (12) Check TYPE of Taxing Authority Municipality Independent Special District X County Multi County Dependent District Municipal Service Taxing Unit Water Management District (13) IF DEPENDENT SPECIAL DISTRICT OR MSTU IS MARKED, PLEASE SEE REVERSE SIDE (14) Current Year Millage Levy for VOTED DEBT SERVICE $ (15) Current Year Millage Levy for OTHER VOTED MILLAGE $ (16) Enter Total Prior Year Ad Valorem Proceeds of ALL DEPENDENT Special Districts and MSTU's levying a millage (The sum of Line (9) from each Districts Form DR 420) (17) Total Prior Year Proceeds (9) + (16) (18) The Current Year Aggregate Rolled back Rate (17) divided by (6) (19) Current Year Aggregate Rolled back Taxes (4) x (18) $ N/A N/A 0.00 $ 13,139,141 $ 3.4160 $ 13,238,294 (20) Enter Total of all non voted Ad Valorem Taxes proposed to be levied by the Principal $ 13 , 9 74 , 4 6 0 Taxing Authority all Dependent Districts and MSTU's if any Line (11) x Line (4) (21) Current Year Proposed Aggregate Millage Rate (20) divided by (4) (22) Current Year Proposed Rate as a PERCENT CHANGE of Rolled back Rate [(Line 21 divided by Line 18) 1 00] x 100 Date Time and Place of the first Public Budget Hearing $ 3. 6060 5.56088 and telephone number (305) 365-5506 per $1 000 per $1 000 per $1 000 per $1 000 0/0 September 14, 2004 7pm Council Chambers, 560 rrandon R1vd,KR I do hereby certify the millages and rates shown herein to be correct to the best of my knowledge and belief FURTHER I certify that all millages comply with the provisions of Section 200 071 or 200 081 F S WITNESS my hand and official signature at Florida this the 6th day of July 20 04 of Administrative P i , r and Title West cIntyre Street, #210 ailing Addioss A igsslil sicaal^o anyre Street, # 210 RanfUn+R4 23'n White Name o ont t e Key Biscayne, FL 33149 City State Zip V3054=365-5500 (305) 365-8936 Phone # Fax # See Instructions on Reverse Side RESOLUTION NO 2004-32 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WALLACE ROBERTS & TODD, LLC , (THE "CONSULTANT") AND THE VILLAGE OF KEY BISCAYNE CONCERNING PLANNING SERVICES FOR THE EVALUATION AND APPRAISAL REPORT (THE "EAR") FOR THE VILLAGE'S COMPREHENSIVE PLAN, PREPARATION OF VISION PLAN, PREPARATION OF DESIGN AND DEVELOPMENT REGULATORY CRITERIA FOR THE CRANDON BOULEVARD CORRIDOR, AND FOR THE CRANDON BOULEVARD ENTRY BLOCK, AUTHORIZING VILLAGE MANAGER TO EXECUTE THE AGREEMENT BETWEEN THE VILLAGE AND CONSULTANT, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, pursuant to request for proposal processes for planning consulting services, the Village Manager has recommended that the planning firm of Wallace Roberts & Todd, LLC , (the "Consultant") be retained to perform the necessary planning services for the Village including planning services for the evaluation and appraisal report (the "EAR") for the Village's comprehensive plan, preparation of vision plan, preparation of design and development regulatory cntena for the Crandon Boulevard Corridor, and for the Crandon Boulevard Entry Block, as further descnbed herein, and WHEREAS, the Village Council finds that approval of the proposed Professional Services Agreement between the Village and Consultant 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 Services Authorized, Specification of Funds That the planning services to be provided by Consultant to the Village are hereby authonzed, as descnbed in the Professional Services Agreement which is attached hereto and in the Village Manager's Memorandum which accompanies this Resolution, in accordance with the funding source and amount identified in such Memorandum Section 3. Agreement Approved That the Professional Services Agreement (the "Agreement") between the Village and Consultant, in substantially the form attached hereto, is hereby approved, and the Village Manager is hereby authonzed to execute such Agreement on behalf of the Village, once approved by the Village Attorney as to form and legal sufficiency Section 4 Implementation That the Village Manager is hereby authonzed to take any and 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 3rd day of August , 2004 71(2 61.14.1,11/ L_____ MAYOR ROBERT OLDAKOWSKI AT 410/aade, CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENC 1---Q° t-frip Llr- VILLAGE ATTORNEY 103 001/Resolutions/professional services agreement for evaluation and appraisal report 6 10 04 2 RESOLUTION NO 2004-33 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING PURCHASE OF FURNITURE, FIXTURES AND EQUIPMENT (THE "FF&E") FOR THE VILLAGE OF KEY BISCAYNE COMMUNITY CENTER, WAIVING COMPETITIVE BIDDING FOR PURCHASE OF FF&E ITEMS PURSUANT TO VILLAGE CODE SECTION 2-85, AUTHORIZING VILLAGE MANAGER TO COMPLETE PURCHASE OF FF&E ITEMS, PROVIDING FOR EFFECTIVE DATE WHEREAS, pursuant to Section 3 07(b) of the Village Charter, the Village Council desires to authonze the expenditure of Village funds for the purchase of furniture, fixtures and equipment (the "FF&E") for the Village of Key Biscayne Community Center, and WHEREAS, the Village Council finds, upon advice from the Village Attorney, that competitive bidding procedures for the purchase of the FF&E items may be waived by the Council pursuant to Village Code Section 2-85 upon the Council finding that it is impractical to apply such competitive bidding procedures for the FF&E items in light of the need to expeditiously acquire and install the necessary FF&E items for the soon to be completed Community Center project, and WHEREAS, the Village Council finds that it is in the best interest of the Village to proceed as indicated in this Resolution 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 Purchase Authorized, Specification of Funds That the acquisition of all necessary FF&E items for the Community Center is hereby approved and authonzed, subject to the restriction that the total cost of the FF&E items authorized herein shall not exceed $500,000 00 The funding source shall be that which is indicated in the Village Manager's memorandum which accompanies this Resolution Section 3 Competitive Bidding Waived That pursuant to Village Code Section 2-85, competitive bidding procedures of the Village Code are hereby waived for the above described FF&E item purchase and installation Section 4 Implementation That the Village Manager is hereby authorized to take any and all action necessary to implement the purposes of this Resolution, and is authorized to sign any necessary purchase agreements, subject to the approval of the Village Attorney as to form and legal sufficiency Section 5 Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 3rd day of August, 2004 MAYOR ROBERT OLDAKOWSKI ATT .T 4-9Aci/47,6," CONCHITA H ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND LEGALSUFFI FL —II hey) VILLAGE ATTORNEY 1 F \100\103001\Resolutions\capital project authorizing purchase of ff&e 2 RESOLUTION NO 2004-34 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, RECOGNIZING KEY BISCAYNE PROFESSIONAL FIREFIGHTERS LOCAL 3638, IAFF, AS EXCLUSIVE COLLECTIVE BARGAINING REPRESENTATIVE FOR CERTAIN SUPERVISORY EMPLOYEES, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Key Biscayne Professional Firefighters Local 3638, IAFF, desires to represent certain fire service supervisory employees in a proposed bargaining unit consisting of Fire Captains only, and WHEREAS, the Village Council (the "Council") of the Village of Key Biscayne, after having reviewed the proposed supervisory employee bargaining unit, finds that it is an appropriate bargaining unit for purposes of collective bargaining NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recognition That the Council hereby recognize the Key Biscayne Professional Firefighter's Local 3638, IAFF, as the collective bargaining representative of the supervisory employees in the proposed bargaining unit consisting of Fire Captains only Section 2 Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 31st day of August, 2004 /GOCeim 4 L= MAYOR ROBERT OLDAKOWSKI CHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FO AND LEGAL SUFFICIEN VILLAGE • TTORN 103001 \Resolutions/Approving Firefighters Local 3638 (Fire Captains only) 8 2 04 RESOLUTION NO 2004-35 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING THE ART IN PUBLIC PLACES GIFTS OF ARTWORK GUIDELINES, FOR THE PURPOSE OF ESTABLISHING GUIDELINES GOVERNING THE ACQUISITION OF PROPOSED GIFTS OF WORKS OF ART BY THE VILLAGE OF KEY BISCAYNE, AUTHORIZING THE VILLAGE COUNCIL TO APPROVE OR DENY THE ACQUISITION OF GIFTS OF WORKS OF ART IN ACCORDANCE WITH THE GIFTS OF ARTWORK GUIDELINES, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Section 2-144 of the Village of Key Biscayne Code (the "Village Code"), requires that the Art -in -Public -Places Board (the "Board") recommend and that the Village Council adopt uniform written guidelines governing the manner and method of submission of proposed works of art for acquisition by the Village of Key Biscayne (the "Village"), and WHEREAS, pursuant to Section 2-144 of the Village Code, the Board has established and recommends the Art in Public Places Gifts of Artwork Guidelines (the "Guidelines"), set forth in Exhibit "A" attached hereto and incorporated herein, governing the acquisition of proposed gifts of works of art by the Village, and WHEREAS, the Village Council finds that the approval of the Guidelines is in the best interest of the Village NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted That each of the above -stated recitals is hereby adopted Section 2 Gifts of Artwork Guidelines That the Art in Public Places Gifts of Artwork Guidelines (the "Guidelines"), set forth in Exhibit "A" attached hereto and incorporated herein, are hereby approved Section 3. Authorization That the Village Council is hereby authonzed to review the recommendations of the Board and approve or deny the acquisition of all proposed gifts of works of art in accordance with Article VII, Village Code, and the Guidelines approved herein Section 4 Implementation That the Village Manager is hereby authonzed to take any action necessary to implement this Resolution in accordance with Article VII, Village Code, and the Guidelines approved herein Section 5 Effective Date. That this Resolution shall become effective upon its adoption PASSED AND ADOPTED this 31st day of August, 2004 MX/14414 L-2, MAYOR ROBERT OLDAKOWSKI AT ffd/be CHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIEN I AGE ATTOR 2 EXHIBIT "A" Art in Public Places Gifts of Artwork Guidelines The Art in Public Places Board will review all proposed gifts of works of art to the Village and make recommendations to the Council on a case -by -case basis The Board will forward a recommendation to the Village Council only in those cases where the Board recommends that the Council accept the artwork Potential Donors of Art will submit images and a descnption of work to the APP committee through VKB staff Each artwork must be presented through a dossier including images, information on artist, technical details of work and any relevant references The Board will review this information to make a recommendation to the Council In some cases, the Board may request to inspect work or may ask for further documentation on work and artist In all cases, artworks will be considered with artistic excellence as the pnmary cntenon The Board will apply the formal Artist Selection Criteria and the Artwork Review Criteria to evaluate all proposed gifts of art to the Village The APP Board will manage the evolving art collection, and will make recommendations for permanently installing works in all public spaces of the Village The Village Council will review the recommendation of the APP Board for every artwork to be formally accepted and added to the Village's cultural collections Once an artwork becomes part of the Village Art Collection, information about artist and work shall be developed and disseminated for public information and education Donors will be provided with documentation of their gifts of works of art to the Village, in line with applicable guidelines 3 Artist Selection Criteria 1 Selected artists demonstrate professional practice and accomplishment through their work, and, if applicable, to public art (These will be evaluated as documented by materials submitted by artists ) 2 Excellence in artists' vision and working practice —as determined by the material submitted— embodies enduring artistic qualities 3 Artists have experience in comparable projects or have demonstrated professional competence to undertake a site installation that involves collaboration with various professionals 4 Artists are skillful in traditional, mechanical or digital/electronic media as demonstrated by the slides 5 Artists have a 'fit' with community and planned uses for site The artist has an understanding of the community and planned uses of the site 6 In considering potential artworks, the Board must take into account Artworks must reflect the cultural and ethnic diversity of the Village without deviation from a standard of excellence 7 Artworks must be appropriate for site 8 Construction, permanence and maintenance of artwork must be addressed with appropriate Village staff and/or consultants, if needed 9 Likelihood that artist will complete work within the available budget in a timely manner 10 Once the program begins, future artworks and artists will be considered in the Artwork Review Criteria In considering potential artworks, Board must take into account 1 Artworks must reflect the cultural and ethnic diversity of the Village without deviation from a standard of excellence 2 Artworks must be appropriate for site 3 Construction, permanence and maintenance of artwork must be addressed with appropriate Village staff and/or consultants, if needed 4 Likelihood that artist will complete work within the available budget in a F \100\103001\Resolutions\Approving the gifts of artwork Guidelines 8 23 04 doc 4 RESOLUTION 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 appropnate 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 authonzed 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 /Lp ce-e4.1w MAYOR ROBERT OLDAKOWSKI CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FO AND LEGAL SUFFICIENC .�\ \ti VILLAGE •` TO VILLAGE OF KEY BISCAYNE AGREEMENT FOR SERVICES THIS AGREEMENT, made and entered into on the let day of / 2004 by and between the Village of Key Biscayne, Dade County, Florida, 1Sarty 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 CONSULT &NT to perform certain services as descnbed 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 1 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 2 11 NOTICES All notices and communications to the VILLAGE or CONSULTANT shall be in wntmg 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 Pastonza 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 teiius and conditions above stated on the day and year first above written 3 CONSULTANT Gomez Barker Associates, Inc 2350 Coral Way, Suite 301 Miami, FL 33145 By Fausto B Gomez Gomez Barker Associates, Inc Attest F /103 001/Gomezbarker(2) 9 9 04 4 VILLAGE Village of Key Biscayne 88 West McIntyre Street Key Bisc, e, Florida3.3449 By Jacqueline R Mene V : ge Manager to/ Village Clerk PROVED AS TO FORM AND LEGAL SUFFIC r NCY Village Attorney t RESOLUTION NO 2004-37 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING AND APPROVING 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 Apnl 26, 2003, 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 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 Recitals Adopted. That each of the recitals stated above is hereby adopted and confirmed Section 2 Amendment to Professional Service's Agreement Authorized. That the Amendment to Professional Services Agreement (the "Amendment to Agreement") between the Village and Skyline for Owner's Representative services, is hereby approved and the Village Manager is hereby authonzed, on behalf of the Village, to execute the 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 authonzed to take any and all action necessary to implement this Resolution and the Amendment to Agreement Section 4 Effective Date. That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 14th day of September, 2004 ///0 teto% L, MAYOR ROBERT OLDAKOWSKI AT HITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS 0 FORM AND LEGAL SUFFICIEN WEISS SER • T FMAN P ORIZA GUEDES COLE & BON 'SKE. P A , VILLAGE ATTORNEY F \100\ 103001 \Resolutions\Amended Professional Services Agreement Re Skyline Management Group 6 25 04 2 RESOLUTION NO 2004-38 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING THE VILLAGE OF KEY BISCAYNE CIVIC CENTER PROJECT, AUTHORIZING CONSTRUCTION EXPENSE ITEMS DESCRIBED HEREIN, AUTHORIZING AMENDMENT NO 18 TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER CONCERNING MATTERS DESCRIBED THEREIN, PROVIDING FOR EFFECTIVE DATE WHEREAS, pursuant to Section 3 07(b) of the Village Charter, the Village Council desires to authorize the expenditure of Village funds for additional construction items for the Village's Civic Center Project (the "Project") as descnbed in the Village Manager's Memorandum, marked as Exhibit "A" and attached hereto, and WHEREAS, it is necessary to amend the Agreement between the Village and Construction Manager to implement expenditures for the work authonzed herein, and WHEREAS, the Village Council finds that it is in the best interest of the Village to proceed as indicated in this resolution NOW, THEREFORE, BE IT 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 Work Authorized, Specification Of Funds. A That the construction activities for the matters descnbed in Amendment No 18 and in Exhibit "A", attached hereto, are each hereby approved and authonzed B That the fund amount and source for the work items are hereby authonzed and approved as described in Exhibit "A " Section 3. Amendment To Agreement Approved That Amendment No 18 to the Agreement between Village and Construction Manager, in substantially the form attached hereto, is hereby approved and the Village Manager and Village Clerk are hereby authorized, in their respective capacities, to execute the Amendment to Agreement on behalf of the Village, once approved as to legal form and sufficiency by the Village Attorney Section 4. Implementation That the Village Manager is hereby authorized to take any and all action necessary to implement the purposes of this resolution and the Amendment to Agreement Section 5 Effective Date. That this resolution shall become effective upon its adoption PASSED AND ADOPTED this 14th day of September , 2004 44914",t,at MAYOR ROBERT OLDAKOWSKI ATT T ibie CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY LAGE ' TTORN F \103001\Resolunons\authonzm_ c. struchon expense item No 17 3 31 04 2 AMENDMENT TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER PROJECT NO PROJECT NAME AND LOCATION VKB-98069000 Village Community Center (Recreation Center) Village Fire Station, Police Station, and Administrative Office of the Village of Key Biscayne, Florida (the "Project") AMENDMENT NUMBER #18 (Emergency Power and Pool Equipment Modifications at the Village Community Center ) THIS AMENDMENT made this 19th Day of August in the year Two Thousand and Four By and between the Village of Key Biscayne, Flonda, a Flonda municipality, (the "Owner") and James A Cummings, Inc a Flonda Corporation 3575 Northwest 53rd Street Ft Lauderdale, FL 33309 Phone (954) 733-4211, Fax (954) 485-9688, Federal Tax I D Number 59-2098732, (the "Construction Manager") WHEREAS, the Owner (as a direct signatory and through its former agent, the Department of Management Services of the State of Flonda (the "DMS")) has previously entered into the Agreement between the Owner and Construction Manager, and WHEREAS, the Agreement has previously been revised by Amendment Nos 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17, WHEREAS, it is now necessary to revise the Agreement to include Work Associated with Emergency Power and Pool Equipment Modifications, removal of the Arts in Public Places Allowance, include Owner Change Order No 4 for the Village Fire Station, Police and Administration and Community Center Buildings NOW, THEREFORE, in recognition of the good and valuable consideration provided by the covenants hereof between the parties, the Owner and the Construction Manager hereby covenant and agree to amend the Agreement to include, Work for Emergency Power and Pool Equipment Modifications, removal of the Arts in Public Places Allowance, include Owner Change Order No 4 for the Village Fire Station, Police and Administration and Community Center Buildings, and to identify its funding source, to identify the drawings, specifications and other documents upon which the GMP is based, and to otherwise revise the Agreement, as follows (1) Guaranteed Maximum Price - the Guaranteed Maximum Price (GMP) for construction of Project VKB-98069000, Village Community Center, Village Fire Station, Village Police Station, and Administrative Office of the Village, as defined in Article 7 1 of said Agreement shall be $21,743,186 59 (which includes the ($1,198,156 00) GMP for the Work Associated with Emergency Power and Pool Equipment Modifications, removal of the Arts in Public Places Allowance, include Owner Change Order No 4 at the Village Fire Station, Police and Administration and Community Center Buildings as listed below in items 2 a through 2 d for the Village Community Center ) (2) Drawings and Other Supporting Documents - in addition to the drawings, specifications and other supporting documents identified in previous amendments (No 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17) to the Agreement, the Guaranteed Maximum Pnce (GMP) for construction of the Project, is based upon the following drawings and other supporting documents a Proposal #R -80C to the Village of Key Biscayne from James A Cummings, Inc , dated June 30, 2004, in the amount of $69,977 00 and in accordance with Aquadynamics/Robert G Currie Partnership Competitive Pool Design Drawing Revisions SP -1 01 through SP -1 09 dated March 28, 2004 and Proposal Approval by the Village of Key Biscayne dated July 6, 2004, which are attached hereto as Exhibit "A 1" b Proposal #R -88C to the Village of Key Biscayne from James A Cummings, Inc , dated July 26, 2004, in the amount of ($135,000 00) and in accordance direction received from VKB/SMG on July 22, 2004 and Proposal Approval dated July 29, 2004, which are attached hereto as Exhibit "A 2 " c Proposal #R -90C to the Village of Key Biscayne from James A Cummings, Inc , dated August 6, 2004, in the amount of $62,051 00 and in accordance Thompson Engineenng correspondence dated May 26, 2004 and Proposal Approval by the Village of Key Biscayne, which are attached hereto as Exhibit "A 3 " d Owner Change Order No 4 from the Village of Key Biscayne dated Apnl 29, 2004, in the amount of ($1,195,184 00) which are attached hereto as Exhibit "A 4" e The revised Project Budget, which is attached hereto as Exhibit "B " (3) Changes in Agreement - various changes are required to the exhibits and articles of the Agreement to reflect the amendments described herein It is agreed that the articles and exhibits of the Agreement shall be deemed to be amended, to provide the following a Establishment of the GMP for Work Associated with Emergency Power and Pool Equipment Modifications, removal of the Arts in Public Places Allowance, include Owner Change Order No 4 at the Village Fire Station, Police and Administration and Community Center Buildings in the amount of ($1,198,156 00), and establishment of the GMP for the Project of $21,743,186 59 (4) Effect On Agreement - except as provided above, the articles and exhibits of the Agreement which are not affected by the amendments provided for herein shall remain in full force and effect IN WITNESS WHEREOF, the parties have executed this Amendment the day and year first written above JAMES A CUMMINGS, INC Attest By (i_vvv\.a 0.... IC chi Corporate Secretary Witnessed By (print name) By H (print name) William R Derrer, Corporate President James A Cummings, Inc VILLAGE OF KEY BISCAYNE Approved as to form an .al sufficiency ttorn 103001\agreements\amendment to . eeme t between owner and construction manager (Corporate Seal) EXHIBIT B OWNER S CONSTRUCTION BUDGET ITEM DESCRIPTION CONSTRUCTION BUDGET CONSTRUCTION MANAGERS PRECONSTRUCTION PHASE FEE $113 190 00 SUBTOTAL OWNFRS TOTAL PRECONSTRUCTION PHASE FEE $113,190 00 VILLAGE FIRE RESCUE DEPARTMENT & ADMINISTRATION AND POLICE FACILITY CONSTRUCTION MANAGERS CONSTRUCTION PHASE FEE $527 392 00 CONSTRUCTION MANAGER S OVERHEAD & PROFIT $457 223 00 CONSTRUCTION BUDGET BALANCE $10 277 461 00 SUBTOTAL CONSTRUCTION COSTS $11,262.076 00 ANTICIPATED OWNER SALES TAX SAVINGS ($159 266 00) SUBTOTAL $11.102,810.00 OWNER S CONTINGENCY $256 924 00 OWNERS GMP BUDGET FIRE RESCUE & ADMINISTRATION/POLICE $11,359 734 00 OWNERS CONSTRUCTION BUDGET FIRE RESCUE & ADMINISTRATION/POLICE WITH PRECONSTRUCTION FEE $11.471, 924..00 VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK ELECTRICAL DUCT BANK & WATER MAIN CONSTRUCTION MANAGERS CONSTRUCTION PHASE FEE $119 226 00 CONSTRUCTION MANAGERS OVERHEAD & PROFIT $34 521 00 CONSTRUCTION BUDGET BALANCE $647 913 00 OWNERS CONSTRUCTION BUDGET VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK ELECTRICAL DUCT BANK AND WATER MAIN $8.0 _660.00 VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK PHASES I, 2, 3, 4, 5 & 6 (INCLUDING SCHOOL FF SANITARY FORCE MAIN) CONSTRUCTION MANAGERS CONSTRUCTION PHASE FEE $62 630 00 CONSTRUCTION MANAGERS OVERHEAD & PROFIT $84 541 00 CONSTRUCTION BUDGET BALANCE $1 946 594 00 OWNER S CONSTRUCTION BUDGET VILLAGE CIVIC CENTER SITE INFRASTRUCTURE WORK VILLAGE COMMUNITY CENTER (RECREATION CENTER) $2093.765.00 CONSTRUCTION MANAGER S CONSTRUCTION PHASE FEE $771 920 00 CONSTRUCTION MANAGERS OVERHEAD & PROFIT $434 328 00 AMENDMENT NO 18 EMERGENCY POWER & POOL EQUIPMENT MODIFICATIONS $126 398 00 AMENDMENT NO 18 ARTS IN PUBLIC PLACES ALLOWANCE ($135 000 00) CONSTRUCTION BUDGET BALANCE $9 597 214 00 EXHIBIT B OWNER S CONSTRUCTION BUDGET OWNERS CONSTRUCTION BUDGET VILLAGE COMMUNITY CENTER OWNER CHANGE ORDERS OWNER CHANGE ORDER NO 1 OWNER CHANGE ORDER NO 2 OWNER CHANGE ORDER NO 3 OWNER CHANGE ORDER NO 4 TOTAL OWNER CHANGE ORDERS OWNER S TOTAL CONSTRUCTION BUDGET (ALL PHASES) AMENDMENT NO 07 VILLAGE HALL GENERATOR BUILDING (NOT INCLUDED IN GMP) OWNERS TOTAL CONTRACT BUDGET $1Q.794,860.00 ($1 140 899 62) ($1 118 301 79) $34 363 00 ($1 195 184 00) (53-42.0.022.41) 521 743 186 59 $72 760 00 $21,815,946 591 " James A Cummings Inc 3575 Northwest 53rd Street Fort Lauderdale FL 33309 1e in Pr j e i Curnmllin G..nera! Contractor June 30 2004 x- F\ SKYLINE MAN AGEMENT GROUP INC 88 \ est ML Int 're Street Key Biscayne FL 33149 TRANSMITTED VIA C4 ATTN Mr Paul T Abbott Project Director RE KEY BISCAYNE CIVIC CENTER  COMMUNITY CENTER REQUEST FOR CHANGE ORDER PROPOSAL R -80C COMPETITIVE POOL REVISIONS t�� Phore 954 733-4211 Fax 954485 9688 Webs to V'vLJ Ian esacummlrggs ccr- RECE9VED 6 6 2004 _k11,1 gs, Inc 0504- Lj I 'to c Center Dear Mr Abbott, James A Cummings, Inc is submitting Proposal #R -80C in the amount of $69 977 00 This proposal incorporates Work associated with the Competitive Pool Revisions for the Community Center Please see attached summary form and subcontractor quotations for a recapitulation of this Work The request for this change order is limited to the costs associated with labor materials & equipment necessary for Installation of Geothermal Heat/Cool System in accordance with the Aquadynamzcs/Robert G Cume Partnership Competitive Pool Design Drawing Revisions dated as follows SP -1 01 Dated 3/28/04 SP -1 03 Dated 9/26/02 SP -1 05 Dated 2/23/04 SP -1 07 Dated 2/23/04 SP 1 09 Dated 3/28/04 SP 1 02 Dated 2/23/04 SP -1 04 Dated 9/26/02 SP -1 06 Dated 9/26/02 SP -1 08 Dated 9/26/02 This Work can be charged against the Owner's Continency or it may be incorporated into the Agreement Between the Owner and the Construction anager via a future Amendment Please provide direction on funding for this Work If there are any questions and/or concerns regarding this matter please do not hesitate in contacting this office at (305) 361-9227 for discussion Sincerely Reviewed & Approved JkMES FUMMIrGS, INC SK ` r NI&N&GE`IENT GROG P, INC " 41(0 r Smith Jr Manager bbott B/SMG Project Director Jose Aquila ROBERT G CL RRIE P \RT'NERSHIP tax. (.161) 24 8184 Todd Hofferberth v KBRDD'la tax. (i0)) 36�� 89,6 Ent. Squilla JAC FILE James A Cummings Inc Proposal Summary Form Village of Key Biscayne R -80C Competitive Pool Revisions II ummings SECTION DESCRIPTION OF WORK LABOR MATERIAL SUBCONTRACT Furnish & Install labor materials & equipment necessary for Installation of Competitive Pool Revisions in accordance with the Aquadynamics/ Robert G Cume Partnership Competitive Pool Design Drawing Revisions through March 28 2004 01 JAMES A CUMMINGS INC Construction Contingency Allowance 1 $5 000 02 TROPIC FENCE Fencing Allowance 4__ $1 500 03 FORMWORKS Housekeeping Pad(s) Allowance $3 000 13 EDWIN GREEN POOLS INC Heating System ' j $48 500 14 EDWIN GREEN POOLS INC Aquatic Handicap Lift $6 300H 16 FISK ELECTRIC Electrical Allowance $2 000 - T -- -- SUBTOTAL LABOR BURDEN SALES TAX SUBTOTAL TOTAL OVERHEAD (4 5%) SUBTOTAL PROFIT (Included in Overhead above) SUBTOTAL BOND TOTAL $0 $0 $66 300 $0 $0 $G $0 $66 300 $66 300 $2 984 $69 284 N/A $69 284 $693 $69 977 07/02/2004 JAMES A CUMMINGS INC 1 SERVING SOUTH FLORIDA SINCE 1937 SWIMMING POOLS EDWIN M. GREEN PROPOSAL FOR James A Cummings h, 3575 NW 53 Ave Ft Lauderdale Ft_ Attn Mr Alex Smith EDWIN M GREEN INC 775 N W TWENTY FIRST STREET MIAMI FLORIDA 33127 PHONES Dade (305) 324-1863 / 324-4081 Broward (954) 523-4465 CPCA0832I Fax (305) 545 7967 RG0005063 Date 622/04 Phone (305) 361 922' Fax (305) 361 -5647 We are pleased to offer this Proposal / Quote on the following SCOPE OF WORK PROJECT NAME Key Biscayne Civic Center Key Biscayne FL Heat Pump Change Order Following is our change order to furnish and install 2 Symbiont PHH-215RV geothermal pool heat/cool units including deep aquifer wells pump starter remote temperature control and interlocks as per proposal by Symbiont Service Corp dated 6/18/04 Exclusions All housekeeping or support pads all painting ultraviolet protection or otherwise all electrical iris/ final connections conduit low voltage wring ground frig and hookup of heat pumps remote temperature control and pump al barriers whether temporary or permanent and all permits pertaining to heat pumps ant'sr ttiis•not included in Symbiont proposal referenced above if you have any questions call or fax us at (305) 792 2000 1 For the total price including ax the seller agrees to fu nish and/or instal the work described above 2. This proposal does not become a contract until accepted and signed by an ofroer of the seller -company and if not accepted any cash payment wi4 be returned 3 Price terms and other elements of h s proposal are good 30 days from date 6122104 void thereafter at the seller's option 4 No statement werrarty rip lei :r pressed rep esentation or agreement written or verbal not appearing upon the face of this contract shalt t e binding upon the parties hereto S Seer expressly reserves alt contractor- niedtarwcs and ^rriferial mans ben wench may be asserted under any provision of law to secure payment of the contract lance and may assert and fix he same as ben upon the real properly on which nraliaton is mode 6 in the event payrrient on this cortract s enforced hrough attorneys or ,odor in bankniptcy or probate proceedings seller may recover and purchaser hereby agrees to pay reasonable attorney tees and costs of court 7 All sums not paid a- due ..hall bear Merest at 1''% pr.r annum and unless olhervwse staled alt sums become due and payable upon completion of work 8 Seller agrees to ake all -easonabte steps to :sure the fulfillment of orders received but our performance is subled to delays or cancellations caused by war accident strikes inability to secua. tabor and raw :materials fires embargoes transportation shortages and delays government oonecnpron pnonties and remise/ feature on your part to give notice of your requnernenis aura/or p oast measurements and other nforrnation and other causes whether of the same or different class affectrig the whole or any any part of seller's obbgahon hereunder 9 In the event the 1vorit performed by contractc.r^ involves drarneig the swimming pool Edwin M Green Inc will not be responsible for any damage to the svwrmwig pool polio etc caused by resultant hydrostatic ,vatt,r pressure I i WE have read the fr,regang proposed contract and accept the terms and conditions as stated above CUSTOI`v4cR DATE SIGNED RECEIVED IUN 2 2 20011 A .,.., -. Jul' i ICJ h „LI! ti i liri(�� ''.ev BI SLai9ri€ CIVIC Cert+ei TOTAL PRICE $48 500 00 irim SERVING SOUTH FLORIDA SINCE 1937 SWIMMING POOLS EDWIN M. GREEN PROPOSAL FOR -ames A Cumming' }^. 3575 NA/ 53 AJe Ft LaLde date FL 33309 M Ares S -m' EDWIN M GREEN INC 775 N W TWENTY- FIRST STREET MIAMI FLORIDA 33127 PHONES Dade (305) 324-1863 1324-4081 Broward (954) 523-4465 CPCA08321 Fax (305) 545-7967 RG0005063 Date 5127/04 Phone (305) 361 922' Fax (305) 361 564' We are pleased to cffer this Propose ! Ouote ch the rollowirg PROJECT NAME Key Biscayne Clvtc Center Key Biscayne FL SCOPE OF WORK Following is the alterhates that you requested for he Key Biscayne Civic Center Pool Alt #1 If PAL -1000 portable aquatic handicap lift desired add $6 300 00 If you have any questions call or fax us at (305) 792 2000 RECEIVEL Jarr1�- r r, 1 For the total price Including tax the seder agrees to furnish and/or install the work described above 2 This proposal does not become a contract urt ( accepted and signed by an officer of the sailer company and if not accepted any cash payment wdl be returned 3 Pica terms and other elements of this propoat are good 30 days from date 5/27/04 void thereafter at the sellers option 4 No staterren wa ra y trrp+ or expressed rr orrsentat on or agreement written or verbal not appeanng upon the 'ace of this contrail shall be binding upon the parties hereto s Seller expressly reserves ail wntracturs -necharics and ma erral man s lien which may be assailed under any provision of taw to secure payment of ,he contract pace and may assert and fix the same as en upon the real property on which installation is made 6 In the event payment on h s ,.onlract is c,ntorcee hrough attorneys or sLrtor in bankruptcy or probate proceedings seller may recover and purchaser hereby agrees to pay reasonable attorney ees and .;asts at our 7 All sums not paid as due shall bear interest at 2 per annum and Jnless otherwise stated all suns become due and payable upon completion of work e Seller agrees to take all reasonable steps to nsuie he fulfilment of Orders received but our performance s subject to delays or cancellations caused by war accident strikes inability to secure labor and nw materials tire.. emoargoes transportation shortages and delays government conscnptton pnontees and restraint fallure en your part to give notice of you equrrements and/or p ripe 'easurements and othe nformation and other causes whether of the same or different class affectng the while or any any part of seller's obligation hereunuer 9 In the even the work performed by contra -1c nvoty did ring the swrrrr-• rig puci Edwin M Green Inc writ not be-esponsrbte for any damage to the srrvanrning pool patio etc caused by esuita it hydrostatic mater pressure Alternate Requested TOTAL PRICE $6 300 00 I / ,NE hare read the `oregotng proposed cont-act and accept the terms and conditions as stated above CUSTOMER DATE SIGNED PAL PORTABLE AQUATIC LIFT The only aquatrchftthem cormprete'y portable The Pal can be setup anywhere along the , Rat away when not •n pool den 2n� use The perfect solst,on fo facilities with more tha n ore pool Ovpral Help( Base He ghr 8ase Le'gt, Base same er To ta' we go'' Clea anc,e Overa t Larrg,k Batter/L,fa LIP 1g Capacity 73 5 rcHPs 23 5incr'es 36 inches 2" 5 inunes 55C poulds 15 31 5 ,v ^hal 6.i 30 cycles appr)x' 300 pounds AQUATIC LIFTING SYSTEMS \L I to P \,_ HL 5P 5000 SF' Hp 1(A. 4 r� sPo. ACCESSORIES DESCR Pit( \ at' `e -a S 1 , Gait ) e i r SPLASH' AC A deck mounted aouahc Ii existing sleeveS The unique all Swrrtming lanes c'earvvf~ Splash' ;s 3150 Derfa3rtly s tr SPLASH? OvDr31I Leng h 91 ,'1 HP ght Abc).e J�,./< 75 n Base pray -'ere Total Weigh t POwP Barrory L f«� Lift ng Capar, y Adcirtional SOInc hes OM orn Extension Option-W.1nm -- And Foot Awn 18 r 140 ND 'a c 30 , Jot, c 3'5_, O i 1 uFYI Mull 9 GPreral Contractor \/ - - ''-' July 26 2004 , _ - - - L k 1 - - i - ( SKYLINE MANAGEMENT GROUP INC 88 West McIntyre Street Key Biscayne FL 33149 4 4 James A Cummings Inc 355 Northwest 53rd Street Fort Lauderdale FL 33309 Phone 954 733-4211 Fax 954-485 9688 Website vm,amesacurrmings cor, TRANSMITTED VIA FAX (305) 573-2620 ATTN Mr Paul T Abbott, Project Director RE KEY BISCAYNE CIVIC CENTER — COMMUNITY CENTER REQUEST FOR CHANGE ORDER PROPOSAL R -88C ARTS IN PUBLIC PLACES ALLOWANCE Dear Mr Abbott James A Cummings Inc is submitting Proposal #R -88C in the amount of ($135 000 00) This proposal incorporates the removal of the Arts in Public Places Allowance for the Community Center Please see attached summary form and subcontractor quotations for a recapitulation of this Work The request for this change order is limited to the labor materials & equipment necessary for the Arts in Public Places Allowance in accordance with direction received from VKB/SMG on July 22 2004 for the Community Center The Arts in Public Places Allowance of $135 000 00 shall be deducted from and incorporated into the Agreement Between the Owner and the Construction Manager via a future Amendment �.�. If there are any questions and/or concerns regarding this matter please do not hesitate in contacting this office at (305) 361-9227 for discussion Sincerely Reviewed & Approved JAMEJA MINGS, INC SK jM AN A. MENT GROUP, INC Ale . ► . er Smith P . , - ct Manager bbott - 4 1, 1 0 4 - VKB/SMG Project Director Cc Jose Agutla ROBERT G CURRIE P ARTNERSEIIP i to tax (561) 243 8184 Todd Hofferberth VKBRDD v to fax (305) 365-8936 Eric Squilla JAC FILE James A Cummings Inc Proposal Summary Form Village of Key Biscayne R -88C Arts in Public Places Allowance 11,N. ummins i SECTION 1 DESCRIPTION OF WORK I LABOR MATERIAL SUBCONTRACT 01 JAMES A CUMMING INC Credit of Arts in Public Places Allowance ($135 000) per GMP Proposal dated October 17 2002 $135 000 r t SUBTOTAL LABOR BURDEN SALES TAX SUBTOTAL TOTAL OVERHEAD (4 5%) SUBTOTAL PROFIT (Included in Overhead above) SUBTOTAL BOND TOTAL $0 $0 $135 000 $0 $0 $0 $0 $135 000 $135 000 $o $135 000 N/A $135 000 so $135 000 07/26/2004 JAMES A CUMMINGS INC VILLAGE OF KEY BISCAYNE VILLAGE OF KEY BISCAYNE RECREATION CENTER ARCHITECT ROBERT G CURRIE PARTNERSHIP INC GMP PROPOSAL DATE OCTOBER 17 2002 I�2, ECREATION CENTER INCLUDING SWI MMING POOL &_GARAGE - - 0 0 0 0 SUBTO TAL 26 305 55 531 7 797 002 7 878 838 CHECK SUBTOTAL SALES TAX 6 5 / LABO R BURDEN SUBTOTAL OWNER S PROTECTIVE LIABILITY INSURANCE BUILDER S RISK INSURANCE PERMITS PERFORMANCE BOND SUBTOTAL DESIGN PHASE FEE CONSTRUCTION PHA SE FEE CONSTRUCTIO N CONTINGENCY SUBTOTAL OWNERS CONTING ENCY SUBTOTAL OVERHEAD 1 PRO FIT TOTA L 10/17/2002 1056 AM JAM ES A. CUMMINGS INC 7 878 838 1 710 43 536 7 924 085 0 238 886 85 000 98 430 8 346 401 NOT INCL 564 455 200 000 9 245 856 150 000 9 395 856 422 814 9 818 670 OWNER ALLOWANCE OWNER ALLOWANCE 1 N OT INCL 564 455 8 910 856 200 000 9 245 856 150 000 9 395 856 422 814 9 818 670 TOTAL AREA 75 463 SF O 0 00 7 924 085 100 43 0 00 0 00 0 00 0 00 0 00 0 00 7 924 085 100 43 0 00 O 0 00 238 886 3 03 85 000 1 08 98 430 1 25 0 00 8 346 401 105 78 0 00 0 00 715 0 00 112 93 0 00 1 71 0 00 114 64 0 00 2 53 0 00 117 18 0 00 1 90 0 00 11908 0 00 5 36 0 00 12444 27 James A Cummings Ir 3575 Northwest 53rd Stre Fort Lauderdale FL 3330, 9 . f I urn rsmInci:� G-areral Contrccrc August 6 2004 -f- C-k-- SKYLINE MAN AGEMENT GROL_ P INC 88 West McIntyre Street Key Biscayne FL 33149 PFCEIVED I 21101- _ L. ,lrsiti CI IOC e L. r‘ ' : genre Phcre 954 733-4211 Fax 954485 968E Webs to cr^esacunmires ccr- TRANSMITTED VIA FAX (305) 573-2620 ATTN Mr Paul T Abbott, Project Director RE KEY BISCAYNE CIVIC CENTER — COMMUNITY CENTER REQUEST FOR CHANGE ORDER PROPOSAL R-90 GENERATOR POWER Dear Mr Abbott, James A Cummings Inc is submitting Proposal #R 90 in the amount of 00 This proposal incorporates the Work associated with providing Emergency Power for the Community Center Please see attached summary form and subcontractor quotations for a recapitulation of this Work The request for this change order is limited to the costs associated with labor materials & equipment necessary for the providing Emergency Power emtorrin accordance with Thompson Engineering Consultants correspondence dated May 26 2004 for the Community Center This change shall be incorporated into the Agreement Between the Owner and the Construction Manager via a future Amendment Please provide direction on funding for this Work /s 11/4.-1--7-1S7-A-17).2 **NOTE This Proposal is for Budgetary Purposes onh Signed & Sealed Electrical Drawings will be required for permitting and final cost impacts If there are any questions and/or concerns regarding this matter please do not hesitate in contacting this office at (305) 361-9227 for discussion Sincerely JAMS/A.,CUMMINGS, INC der Smith Jr P ect \IanaINr Rev e ei & Ap•roved S Abbott S\IG ProjLLr I)trLLtor NAGEMENT GROUP, INC ts t 2. - c'ef- Cc Jose Aguila ROBERT G C URRIE P ARTN EREIIP \dis tax. (561) 243 8184 Todd Hofttrbtrth `KBRUD pia tax (305) 365 89,6 Eric Squill -1 J \C FILE James A Cummings Inc Proposal Summary Form Village of Key Biscayne R -90C Community Center Emergency Power SECTION I DESCRIPTION OF WORK I LABOR I MATERIAL SUBCONTRACT I 01 JAMES A CUMMINGS INC Daily Cleaning $48 Concrete Cutting $250 Owner's Contingency $5 000 , Construction Contingency t $5 000 08 FARREY S HARDWARE CO Allowance for Hollow Metal Frame Door & Hardware $2 000 09 B&B INTERIOR SYSTEMS INC Allowance for Partition Wall System @ Storage Rm #1048 $2 000 16 FISK ELECTRIC CO Furnish & Install all required Electrical Materials for 100 Amp 277/480 Volt Service (Including Generator) in accordance with Thompson Engineering Consultants correspondence dated May 26 2004 _ $44 289 { f r t A I { I SUBTOTAL LABOR BURDEN SALES TAX SUBTOTAL TOTAL OVERHEAD (4 5%) SUBTOTAL PROFIT (Included in Overhead above) SUBTOTAL BOND TOTAL $298 $0 $58 289 $204 $502 $0 $0 $58 289 $58 791 $2 646 $61 437 I N/A $614371 $614 $62 051 08/20/2004 JAMES A CUMMINGS INC 1 i 1 10125?NW 118th Way Suit/14 Miami, Fl 38178 1/26/2004 Number of pages including cover sheet 5 FAX COVER SHEET To ALEX SMITH Company JAMES A. CUMMINGS Job KEY BISCAYNE RECREATION CENTER 4 Re GENERATOR BUDGET PRICING ' Phone 206 14227 Fu phone 3004-3611647 From Calvin Samuels Phone Fisk Electric Co 10126NW 111 Way, 014 Miami FI 33170 306425-1622 Fax 306-325-1577 REMARKS Urgent fl For your review El Reply ASAP II Please comment ALEX ATTACHED IS THE BUDGET PRICE FOR THE SOAMP AND 100AMP SERVICE FOR THE GENERATORS THIS PROPOSAL. DOES INCLUDE THE COST OF GENERATOR ATS PANELS TRANSFORMERS CORDS BREAKERS.IBEA_nm,ANDAufaisatt6LEgyiewim THIS PROPOSAL IS FOR BUDGETARY PURPOSES ONLY FINAL PROPOSAL WILL BE SUBMITTED WHEN SIGNED SEALED ENGINEERED DRAWINGS ARE RECEIVED FOR PROPOSAL CALVIN SAMUELS PROJECT MANAGER ainommerrior CONFICIENT1AAJTY STATEMENT The lnforinabon RECEIVED JUL 2 8 20134 J :mes A Cumming Cwur f r' message is Intended only for the use of the addrrsaes listed above If the reader of this massage Is not the Intended redpient or if you have received this fax in error please notify us by telephone at the number listed above Thank you for your cooperation CHANGE NOTICE FISK ELECTRIC COMPANY CCN; 180 10125 NW 116th WAY SUITE 14 Dab (current) 07/28/2004 MIAMI FL 33178 Job name VILLAGE KEY BISCA Tel 305-884-5311 Job number 60 1061 Fax 305-884-2192 Page number 1 of 2 Client address JAMES A CUMMINGS,INC Attn ALEX SMITH 3575 NW 53rd ST FT LAUDERDALE FL 33309 USA Tel 305-361 9227 Fax 305-361 5647 Work Description We reserve the nght to correct this quote for errors and omissions This quote covers direct costs only and we reserve the right to claim for impact and consequential costs This pnee is good for acceptance within 10 days from the date of receipt We request a time extens+on of 6 days We will supply and install all matenals labor and equpment as per you Instructions on CCN #180 INSTALL100A 277/480V EMG GENERATOR SERVICE AS PER DRAWINGS AND SPECS FROM THOMPSON ENGINEERING CONSULTANTS Item Description Oty Price U Hrs U Mat S Tot Hrs 3/4' EMT 75 11566 C 6 20 C 88 75 465 1 1/4" EMT 60 300 04 C 780 C 190 02 468 3/4' EMT STL COMP CONN 10 202 55 C 1700 C 20 26 1 70 1 1/4" EMT STL COMP CONN 2 648 23 C 25 00 C 1296 050 3/4 EMT STL COMP CPLG 9 23768 C 37 00 C 21 39 333 1 1/4 EMT STL COMP CPLG 6 643 56 C 50 00 C 38 51 3 00 3/4" EMT STRAP 1 M 10 30 79 C 500 C 308 0 50 1 1/4 EMT STRAP 1 H 8 70 71 C 530 C 5 56 0 42 1 1/4" STEEL LOCKNUT 4 53 14 C 6 25 C 2 t 3 0 25 3/4 PLASTIC BUSHING 2 26 29 C 43 00 C 0 53 086 1" PLASTIC BUSHING 2 39 85 C 50 00 C 0 90 1 00 1 1/4" PLASTIC BUSHING 4 58 67 C 82 00 C 2 35 2 48 1 1/4 x8" NIPPLE 1 61439 C 5000 C 6 14 050 3/4" STEEL FLEX 6 426 60 M 82 00 M 258 0 37 I STEEL FLEX 6 800 00 M 93 00 M 4 90 056 3/4 STL FLEX CONN 1 160 00 C 1700 C 160 0 17 1" STL FLEX CONN 1 393 00 C 21 00 C 3 93 0 21 3/4 STL 90 FLEX CONN 1 570 00 C 1250 C 5 70 0 13 1" STL 90 FLEX CONN 1 702 30 C 13 75 C 7 02 0 14 810 THHN 344 224 82 M A 30 M 7727 3 20 *8 THHN 192 345 92 M 1250 M 66 42 240 06 THHN 48 564 44 M 1500 M 27 01a 0 72 #3 THHN 320 1 071 80 M 20 00 M 342 98 640 0 2/4C SO CORD 50 1367940 M 116 25 M 883 97 6 81 2585 (T88) 1 937 TO 2 187 2 3 873 15 C 112 50 C 77 48 2 25 82-1 RED WIRE CONN 15 13 61 C 6 25 C 2 04 094 1SK ELECTRIC COMPANY 10125 NV"' 116th WA r SUITE 14 MIAMr 33 '3 item Description (cont) 05-10 PL ANCHOR (3/16) 1/4 WEDGE ANCHOR *10x 314 S -TAP SCREW PJ1, *10x1 S -TA? SCREW P/H 100A 3P BREAKER BOLT ON 75KW DIESEL GENERATOR 100A 3PH TRANSFER SWITCH HUBBELL 100A PIN & SLEEVE DISC /RECP GEAR & GENERATOR QUOTE Totals Summary General Matenais Matenal Tax CCNS Date Job name Job number Page number 180 07/26/2004 VILLAGE KEY /^,= 80-1061 2of2 Off 10 8 2 8 1 1 1 1 1 Price U 966 C 2189 C 255 C 290 C 0 00 E 000 E 000 E 000 E 29 139 60 E Hrs U 18 70 C 2000 C 2000 C 2000 C 160 E 4250 E 900 E 225 E 000 E Mat S Tot H ns 0 97 1 74 005 0 23 000 000 000 000 2913980 18 1 8C 0 40 1 60 1 6C 4250 900 2 25 000 530,82111 107 09 AAatrriai Total JOURNEYMAN FOREMAN «25% CLEAN UP 4 0% Subtotal Overhead Markup Final Amount (e 7 000 %) (107 99 Hrs 938 93) (2700 His $44 18) (4 32 Hrs Q $36 93) Total (_t 30 826 11 2 15783 32 983 94 3 988 07 1 192 88 159 54 3a 32441 z,�4+33 3,089 so ‘-+Lf Z.. B,Cd-f s -3rrse CONTRACTOR CERTIFICATION Name Date Signature Change Order # I hem" wordy bed mN ww.wen is a.w.grr end olcursso banal on gm rdww.tb„ pq.det CLIENT ACCEPTANCE CCN* 180 Final P • 45372"x4 Name L-4 Date Signature Change Order # Irrry owe. _ ,Yet+rvn aim ortss •w c..erx,....smpl.e. rim. above described .err. • Naga " NNW IMAM S 411111.11, Ti -t0' .35014 EAiC11.E4Fe _frl(T� Date Tame Job Name lob Number to Compmny I ax Plumber CL 900 Vve.t ',swot) 1:31.cl Su't Delray Belch fl 3344, N oicc (561) 2744200 Fat (561) 2744„2 F mail recu tecfL, corn %VS, %! TLCI) 1 corn FAX COVER SHEET May 26, 2004 2 06 PM Inge of Key Biscayne Recreit,on Center 01040E Mr Paul Abbott and Mr Ernesto Cercas Skyline Min -Bement Group, Inc ;05-573-2620 / 1O5 -3G5-5556 Jose N Aguilu, AIA, Principal Currie Sowards Aguila Architects TRANSMITTING A TOTAL OF 15 PAGES, INCLUDING THIS PAGE IF YOU DO NOT RECEIVE ALL OF THE PAGES CLEARLY, PLEASE CONTACT LS COMMENTS The information you requested for the Genermtor Z10 040'CORfleSPONDE%CEF4.XfO4JF8.X, (0:- 44 wPD RECEIVED JUN 2 4 2004 James A Cummings ir1c 'key Biscayne CI is Cante- awe MEM INN/ t.► MEMO 91W «cst Linton B1sd , Suitt. 200 Dcln , Batch Fl 33.44 \ oicc (561) 274-0200 Fax (561) 274 0222 E m..iil teentecfl., cum ,vwH teeth corn Date May 26, 2004 From Mr Matt Thompson To Mr Piul Abbott -Ind Mr Ernesto Cercas Company Skyline Management Group, Inc Fix• 305-573-2620 / 305-365-5556 Cc Jose N Aguila, Alit, Principal Currie Sowards Aguila Architects Subject Village of Key Biscayne Community Center Emergency Power The !cinch that 1ti1r Ccrcas identified and our calculated power needs for the loads are ALTPRKATE 01 Basketbmll Court Lighting Exit and Emergency Lighting Girmt a Sump Pumps t Al TrRNAT1 42 Basketball Court Lighting Exit and Emergency Lighting Garage Sump Pumps Basketball Court 11VAC TOTAL 153ION 5 0 101 6►0�1 \\ 26 3 KW 15 3 KW 50 KW 60K\V 400KW 663KW hay i mpiic • . me in • - each alternate The following pages contain an Electrical Riser Diagram, Device cut -sheets, Generator Calculations, and Generator Selection if you have questions, commcnts or concerns regarding any of the data, please do not hesitite to contact me Z \OtOsL c ortr ,,rrtiPENt r NIFA•tr]ti f1DJ()%1rNiOn (0 6- 5- Administ'-ctcr \\0DOBCE2\PRIN ER PANNo EL 1.IDP LOCATFU IN 1ST FIC}OR ELEC 1W LOCATED 94 2ND FLOORELEC R1.1 I5KVA TN AN SFOR 4ER AND CONDUITOUCTORS PANEL 'HEW 25A lNOAOhDUJ7-UCTaRS LITS411 100A HUBBELL 'CIRCUIT -LOCK 7-60 A1,IP FUSED PENcHANICAL. INTERLOCK SEE CUT -SHEETS) 7D �� 60A IT ��DONfi�UCTOR S LO CATED O Ir BLDG EXTERIOR (WEST SIDE, ADACENT TOT 1st FLR ELEC RV ) ELECTRICAL RISER ©IAGBB ALTERNATE /1 nA� _oc Ft. G)RCUI r for 3r c_Z/ V rt J Carrp ct 4<e "coder ird ,/.i(c7 d" gr hdrdl CL_ * 1k, as PLUG CHECr' Ilectiari m dctc pre.' cc actJati... MI ' Lac'(.7Ct] t ‘Ch h sty rL.d ) arc d o nN� OSHh Lcr mJJ rep lete% L• Ai. P-3 la 4. Nvr1(T1G IG^yCd 1<t�A,3_ndcMn .ri scl1rC,mot,r1) r1C(.,LlH Hubbell CIRCUIT LOCK Fused Mechanical Interlocks The NEN =,..SCd Voc"a-'Ica Irterlcrk; rcorcorafe it r -- Iock r .. met-'il �r y7.-3 yes r 3 L ke he ur ruge..' t eirnina'e5 the pcs, m aklrg a'd t: ea,< rg he c rc_ „nder oad Tie revolu loran czla't-d " `� r.' f 1 J nv t• r hand e NIP ^Ct 2 -gage Ila s theralcr3 el,r�lr 3t,ng ac,se anc.' h'anztl b Pa.ago to hear. if ] C v C^ .> 1 raj } LL'' Fused CIRCUIT LOCK' Order 1 11.:‘` C Conl(g r3r of otos Pocep Plug and r'II Cs Conn Ho( Voltage L n or ^ 3 .3P4W 0 �j 0 3P4 V 0 D 3P4 v 4P>w 0 0 4P5W D 64 3P4W .3124W 3P4W D 0 3PIW ® 0 20240 JO4a0 JOCCO 123!2'40 C2 7 114110 3C..7;CCO 30240 304e0 JOcCO t2VC4+, -E -..3 +,t t Lt, �oL t,C IF IICLS.,C1t.IIF / IF'LS,ja&ti1 5 V Hal i oa>v nF 9 W 1-1Elsbt,h.11FIN HELIG h, Fl �16Ltu�h+IFI V Description nowilluy Conlact NOrn►111y Chien ACJO Plo► Duty A oluy Canl3cr ^Jorrn.sy CIO ,.0 AOCO Pilot Duly 4 i r H1.8e t— I A 4tifo� NUr tar ACF3t40 -CP:;NC iI Z y3)DOA 8 72 ;► 80A 7 7 r 0 I \ qtr -7 13 /21.11 17 lb (2 Old c I!'20S)7t4 I _ 1(102 31 4.4 0 j •0 CI 131 120 a 30A 100 (42 7) MIA r 2 37 131121 14 M or 7J1) 1 I 36 (390 11 f F 2J 01040 VKB GENSET - ALTERNATE#1 P-otect a aramaters'Application ►Ragt, rsments' .�'.''tJ Max Allcwat'e Star ry Vcilage Dip Max Ailcwct'e Peak ticltige Dip Max Allowable Frequency Dip Site Altitude FL (41) Site Ambient Temp F ( C) 1 35% 35% 10% 10 (3) 91(33) F.. Pia F equercy H_ Voltage Cuiet Sale Duty Masai Three 60 277/480 Series Wye No Standby Running kW Running kVA_ Running PF Alternator icW I Calculated Individual Generator Set Load RunnInq and Peak Requirements 29 33 0 87 29 Max Step kW Max Step kVA Peak ,(w Peak kVA 78 In Step 1 95 In Step 1 None None Cumulative Step kW Cumulative Step kVA Cumulative Peak kW Cumulative Peak kVA 78 95 None None Step 1 L Running i N Running kVA Running Amp Alternator kW Calculated Individual Generator Set Step Load Requirements 29 Staring kW 33 Starting kVA 40 29 78 Cumulative Step kW 95 Cumulative Step kVA, 73 95 Light Load 1 Category Light Running kW Running kVA Running PF Running Arms AI'erra`cr Fluorescent 0 95 19 5 5 Startirg kW 5 Starting kVA Starting Pr Single Phase Cuantity 1 In Sep 1 5 Poak k'N 5 Peak kVA 095 'dcltage None Nona 277 Light Load 2 Cateycry L gh Isct•3rga Running 44'i Running k A Runrrrg '• RL1nir, -F ;1/40e —la c ,' 1 15 17 0 90 6' 15 Star' rg 1 S'ar rg Scir rg P� SIngle Phase I 11 P..,3«,/ 14 Peak k 0 85 v3Ita je None Ncne 277 r Seep 1 Printed of %1 ]y 75 /CC,',4 it 14 4 t Fay? 1 :If I Llzdq 3^(4 Steps De'30 Repoe Stop 1 Conti-L.3J C3t.J13 ed r-livd.,3' Gargr3 zr Sa{ S44: Lc 3d -73zu -a r -t nut ig 4 Ru^r'vig r` -, Running An Aliern3tat k % 33 40 2s SJrr�< S. 3rlry < f+ '.1 (. rr .»3 _ - 9 C '^.i2 ,. ,- , Motor Load 1 Single Phase CL�1 I/ I r Ste: ' Category Motor Running kW 9 Staring kW S1 Peak kW None Running kVA 11 Starting kVA 76 Peak 1( /A None Running PF 0 80 Starling PF 0 90 Cyc'ic No Running Amps 9Z Alternator kW 9 Voltage 120 Shaft Hp 8 00 Method Capacitor Start Induction Run Shaft kW 6 00 Efficiency 68% LRkVA Factor 9 50 Standard NEMA Design 8, C or D LRkVA Code L Prirteo cn Nioy 25 2uw 4 it 4 15 't '' () 7 ,..),,t 's 1"'! �Ik s 7E- 7 1 =< ^( ri 01040 VKB GENSET - ALTERNATE#1 Pro,ect'3ramatar3 LAppNcatron Requframeits` Geier to Sets RLrn rg in parallel Max Allowable Starting Voltage Op %fax Allowable Peak Voltage Olp Max Allowable Frequency Cip Site Altitude Ft (M) Site Amble -It Temperature F ( C) 1 el 35% °base 35% Frequency Hz 10% Vcitage 10 (3) Quiet Site 91 (33) Duly Diesel Three 60 277/480 Series Wye No Standby Running kW Running kVA Running PF Alternator kW Individual Generator Set Running Load, Step Load, and Peak Load Requirements 2.9 Max Slep KW 33 Max Step kVA 0 87 Peak kW 29 Peak , VA 78 In step 1 95 in Step 1 None None Cumulative Step kW Cumulative Step kVA Cumulative Surge kW Cumulative Surge kVA 78 95 Non. None 4 Engine Model Fuel Engine Dispiace^1eit cu in (1) Engine Cylinders Excitation Temp Rise at Fu I Rated Load C 43T3 9.G4 Alternator Diesel Feature Code 239 (4) R.connectable 4 PMG Vcitage Range 150 # Number Leads UCO2D 8413 208-240/415-430 UB R 12 Set Performance Running at Starling Voltage Dtp Peak Voltage Dip Frequency Dip Site Rated Standb/ kW Site Rated Alternator Max kW at 150°C and 480 volts Site Rated Alternator Max kVA al 15C°C and a80 volts Site Rated Max SK V Max S tVA 58% Rated Capacity 29% Max Starting Voltage Dip 0% Max Peak Voltage Dip 8% Max Frequency Orp 50 Romig kW 52 Alternator kW 65 Running kVA 65 E`'ective Stec ("1 91 Effective Load Requirements 35',% 35% 10% 29 29 33 E7 t 95 Vr to Step pIuuirPrre t Pd1 CP j e i� ^^ e"'„r' 30 ? .3( fLij P ncd3 '1 , 1-. 1 Pay( 1 Pea; J r r c.> R -C ri 0 to If) PANEL •WA. 100 �---- LOCATED IN 1ST FLOOR ELEC R1,1 PANEL 'HEIR' 15KVA TRANSFORUER LOCATED IN 2NDR1 FLOOR ELEC CONOl11 T DUCTORS WO AND CDNDUITDUCTORS Mrs 100 1 1 HUBBELL 'CIRCUIT —1 OCK 100 AIAP UNFUSED SEE CUT —SHEETS) IN & sLEEVE) EcHANICAL 1 TE LocK ANDMP CONDU1T'DUCTORS LOC ATret ON BLDG EXTERI OR (Kg SIDE ADACENT TOT 131 FIR EIEC R1.1 ) ELECTRICAL RISER DIAGRAM ALTERNATE 02 p 4 4 1 ti n 1 Sa Switch:. CIRCUIT' La 7-• ]e_ n 3 a 7� o^a pl �r to tie e" , watcrngl I ::, C 3rd grounding pla a !cr u.,a on metcli►c onduit Cdpturcd ^rcp rcna ga_kal for a wCterlIght 1cr ,apower rat d dI ,Conrect .,.v k 1 hard s Lace rrc1cr L ds / f C. J „f r .. A O e �is71/.- / r �`�/=?�j�� - - - , cam..=----i-�.... ••� _rc, r Ier-nirat qutcx anti "J / ccnnec cn Hubbell CIRCUIT LOCK Mechanical Interlocks The Nat"ordl TI�� e uir?.s a seCars'- rears wlrhir - rl _� -- "oaos HLbce I CIFCLI T LOCH- Incarperat s `t? 3rd ecepracle - �arm�tallt, aria poss[Llllt f 0 u* 4 r r� rcut..nc r 1 N CO Q mCl.- rr +vtic.1 10r r 1,1"9t Dr�ra H7 iC-rn r Encla..urw ncj Ind with 1Sen and 5 Arnie .Idrl 9t Cw rwr h gr e orgLo ird bc.'rrr adl nu �. ..JJ 1.1 Li 1 Crr-?Clltr 1 T 14 - ti 1 r� J r r — r ^It r" 1- _ r'* raJ 5 �-'t7tZ CL,nt CI v tcrltis taggrr d CrildCt Grourd m key Irr r Then ,Nautrtl trcn n Q'3Sa ,.onhct Thi. c..rrte r, -nada 01 3 tharmascl f^r high Moat es .,ranCH ;opl�C� acf orfng 10,,11 IIIILcvol N (r =Mut or 1 w 16rllrht ,.t ( JtJr ou C N in molcl.d to lg d-rllic„3 r Ac,ucrubIartt.Jr rrq ar. ,.LC "IM e allow mounnng on agl.rla Ur/ace 5 4 r t'u= �r 1 i C J f dji; 4)1 -I' 16 ` Sa ety Dev ces Ordering Information OA-npe —LcrhAr-er,.a^ Rat rgs CIRCUIT LOCK' Unfused Pin & Siee UL Listed CSa Cer .if ied Type 4, -3X end 'Type 12 Enclosure Rating Api 1Pfi" Cons 9L,r3 Ion Potts and W ri Re.ep Plug Volrago Co ZPSW D 0 0 0 4P5 W 3p4 V 3P4W t0 0 3P4 W 0 0 0 Nara Sas pago G•20 !ci ►ochnicd dat., Horsepower Ratings Amps Rating 100 24OV AC 100 240V AC 3E) gb",>Aw0 48CV AC 30 100 G00V AC 30 r00 120/2'7V AC 30Y a - c ICLc ?40 J0250 3C4L0 CECO 3C 1ar2CI Caialag NUM bet Use Pin 1< Sleeve Horsepower P14. Cal No 15 (1003 20UV!AC1-14O1.Jt00r‘se, 25 HBL 100P3W SO IIUlj1001" 50 Hl3U 10o P 3 rJ HBL3100 M10 W NBLs100M19w M8L3 WOMAN HBL4100Mt5W 20 HBL5t00POr M0 LS =mow Celeription Cst31og Jurnbt r Auxiliary contact for 100A Mechanical Interlock ACM150 Nolo. AGM pilot duty 10A =Intact �+ueacu� w Drnensrons 'CIA Device 775 (till 31 G 15 010401/KB GENSET - ALTERNATE#2 Pro,ec-' Pararnetars LA,,pltcatlon Raqui-grnan ' Gene akcr S S R„n1l^g n=3r3r+Z4 Max Adc tiabie Star Iry vottcge Dip Max Allowable Peak Vattage Tip Max Allowable F equency Dip Site Attitude Ft (tit) Site Ambient Temp 'F ('C) 1 35'6 35'4 1O'lo 10 (3) 91 (33) Paiase Frequency H: Voltage Cuiet S le Duty Dlasal Three 80 2771480, Series Wye No Standby Running tW Running kVA Running PF Alternator kW Calculated IndivIdual Generator Set Load Running and Peak Requirements 72 81 0 88 72 Max Step kW Max Step kVA Peak kW Peak kVA 78 in Step 1 148 In Step 2 None Norte Cumulative Step kW Cumulative Siep kVA Cumulative Peak kW Cumulative Paak kVA 115 205 Nona None t Step I • Running kW Running kV A Running Amps Alternator kW Calculated Individual Generator Set Step Load Requirements 29 33 43 29 Starling kW 78 Cumulative S'ep kN Start rg k IA 95 Cumulative Step kVA 78 95 MEP Light Load 1 Category Light Running kW Running kVA Running PF Running Amps Alternator kW Fluorescent 5 Starting kW 5 Starting kVA 0 95 Starting PF 19 5 Single Phase Quantity 1 In Step 1 5 Peak kW 5 Peak iVA. 0 95 None None Vcit3ca 277 Light Load 2 Catagcr, L. g RLennrn3 <14 R,.nn►ng <LA R nnrr3 D� Rvnn►rg rip Ale, cc < ^ Ci hary9 15 17 090 61 15 �tartrg 4 A SIar rg n'Ja Stor rg = Single anase Cuar.ity 1 14 =ea <1'! 14 3e3 <<1A 0 35 Nona Nona V_ttay0 277 In Step 1 Printed on V'ar 25 1 r4 ., :',7, -)P t ?a3e 1 3f 3 Lodds a^d Stag Qeta►t 4ep 0 Step 1 Co-trnt e3 C alcut3'taJ S.t Sta., L03d 71.9i',Uirs-ra^t3 29 P,1 A 32 R.1 1r) 2 c u. Ate a or K,' 29 Sor" ry< '3 Tl. ✓"' , t 73 S., Moto Load f Single Phase Cuun, t/ 1 n S'ep 1 Category Motor Running kN 9 Starling 4A't 61 Peak kW None Running kVA 11 Starling kVA 75 Paak KVA None Running PF 0 80 Starting PF 0 80 Cyc lc No Running Amps 92 Alternator kW 9 Shaft Hp Shaft kW Efficiency 8 00 Method 6 00 68% LRkVA Factor Standard NEMA Design 8, C, or D LRkVA Code Voltage 120 Capacitor Start, Induction Run 950 L Step 2 Running kW Running kVA Running Amps Alternator AW Calculated Individual Generator Set Step Load Requirements 21 Starting kW 24 Starting kVA 29 21 65 Cumulative Step k'N 148 Cumulative Step kVA 94 131 AC Load 1 Category Air Conditioning Three Phase Cuartnty 1 in Step 2 Running KW 21 Starting kW 65 Peak 4V1 None Running kVA 24 Staring WA 148 Peax kIA None Running PF 0 89 Staring Pr= 044 Cyc'ic No Running Amps 29 Alternator kW 21 Voltage 480 AC Tons 12.50 Method Across the line AC Hp 25 Effic ency 88% LRkVA Factor 5 90 Desigr Standard NEMA Design 3 C or D LRWA Code G Step 3 Calculated Indlvtduat Generator Sat Step cad Reouirrmants Rurnirg k,i 21 S►3rvr'g K'vI 65 C_Irruia in S'.3^ r e 1 15 Ranrg tv-,, 24 5�-'rg K� 148 Curru'ati ie Ste K -1 245 Rurnirg 4-^p 29 Alternator <cN 21 Printed on ' to f 2-) 20, 1 "-It 1 5th = Pages 2 f i t_J3(4s Ceti' RApn1 Step 3 C3ntin3e3 Ca'c�lat_d Jr,/ -v d,,31 Cater Sst S`Ap L..oad RscJw"311en� RLr'rir'g K,'/ 2' ��3r ry t , GI" C ^'pie' �� t i Rurntrg r` -‘ 24 St3rirc, f . ',a8 C '''t..13 iti S < 2?5 Runr rg A'Fs 29 Alternatcr k N 21 L AC Load 2 Three 'I•asa Cuanlity 1 n S ep 3 Category Air Conditioning Running kW 21 Starting 10 55 Peak k N Nona Running kVA 24 Slatting kVA 148 Peak kVA None Running PF 0 89 Starting PF 0 44 Cyclic No Running Amps 29 Alternatcr kW 21 Vcltage 480 AC Tans AC Hp Etficaency Cosign 12.50 Method 25 88% LRkVA Factor Standard NEMA Design B, C or D LRkVA Code Across the line 'noted on May 2 2Ct,-• 3t 5'Jo 0,1 5 90 G .r r J e i t_. J (-0311 3rd SEeD3 D 'Ft.--. ci 01040 VKB GENSET - ALTERNATE#2 V L L C--� { L.-t_t� P -0.0e Parameters jApolIcatSon Re4Jlrsilents, Generator Set, Running n P3r3I'ei Max A lowatle Starting Voltage Dip Max A lowatle Peak Voltage Dip Max Allowable=requercy Dip Site Altitude FL (11) Site Ambient Temperature F ('C) 10 91 1 35% 35% 10% (3) (33) uel Phase Frequency Hz Voltage Curet Site Outy Diesel Three 60 2771483 Series Wye No Standby Running kW Running kVA Running PF Alternator kW Individual Generator Set Running Load,Stao Load, and Peak Load Requirements 72 Max Step kW 81 Max Step kVA 0 88 Peak kW 72 Peak kVA 73 In Step 1 148 In Step 2 Nona None Cumulative Step kW Cumulative Step kVA Cumulative Surge ekW Cumulative Surge kVA 115 205 None None Engine Model Fuel Engine DtspLLcoment cu in (1) Engine Cylinders Excitation Temp Rise at Full Rated Load 'C 68T5.9 G6 Diesel 39 (6) 6 PMG 150 Alternator Feature Code Reconnectable Voltage Range Number Leads UC3D 8413 208 240/416--180 UBR 12 Sat Performance Running at Starting Voltage Dip Peak Voltage Dip Frequency Dip Site Rated Standby kW Site Rated Alternator Max kW at 150°C and 480 volts Site Rated Alternator Max <VA at 1aC°C and 4RC volts Site Rated Max S4W Max SkVh 72% Rated Capacity 19% 0% 3% 100 117 146 108 423 Load Requirements Max Starting Voltage Dip Max Peak Voltage Dip Max Frequency Dip Running kW Alternator kW Running kVA Effective Step k"/ �'e,tEve Stap kVA 35% 35% 10% 72 72 81 93 r 2C5 : No —tr',' 2rip-a 3 t" 1 Pr 912,4 n 2, t t -+ 'It t Cl t No,e Si.np 'yutfeme^ has J,33-4 it. c ^ -^e .m4 r yet =teo r " .. A V illage of hcv Biscayne L L - F k - A- hev Bisc.a ne Cute Center Project M ( ON Si RI CTIIO\ CONTRACT CHANGE ORDER Change Order Number 4 State Project NumhLr \ KB 9806)000 _ State Project NamL Village Cik is Center communit\ C -.rater Fire Station & Police Station Community Theater Council Chamhe 5 v illa_L t Biscayne Florida Architecr/Engint..r Spi(lts Candela DNA! \1 OB\t Miami S. Robert G Currie Partnership__ Contractor James A Cummings In, Address '7' N V ''rd Street City Ft Lauderdale State/Zip Florida ' Phone (9)4)7314 [l DESCRIPTION OF CHANGE Attach additional .ages if required) Owner Material Purchases Purchase Order & De cription 2245 Structural Steel 2246 Metal Decking 2247 Steel Joists 2248 Misc Metals 2249 Concrete 2250 Reinforcing Steel 2316 Masonry 2317 Reinforcing Steel 2318 Concrete TiltPanels 2319 Reinforcing Steel TiltPanels 2320 Concrete 2361 Elevator 2362 Paint 2363 Texcote Paint 2364 Electnc - Light Fixtures 2366 Wood Truss Lumber 2367 Root Standing Seam 2368 Acoustic Ceiling 2369 Acoustic Panels 2370 Stucco 2371 Drywall & Framing Subtotal Onginal Contract Amoun Contract Amendments No 1 No 2 No 3 No 4 No 5 No 6 No ? No 8 No 9 No 10 No II No 12 No 13 No 14 No 1') No 16 No 1' $113 190 00 $10 715 380 00 $801 660 00 $1 433 035 00 $189 058 00 $9 818 670 00 $156 089 00 $12 760 00 $40 083 00 S232 893 00 $40 043 00 $)6 26) 00 $81 728 00 SJ27 744 00 $400 092 00 $286 867 00 $1) 318 00 S I 18 064 00 OwnetLaAnge Orders. No 1 ($1 140 900 00) No 2 ($1 118 301 00) No 3 $34 363 00 Decrease In Ini rease In 5102 707 00 $22 000 00 $84 895 00 $57 517 00 $315 882 00 S74 156 00 $11 000 00 $24 060 00 $62 898 00 $40 326 00 $30 000 00 $18 465 00 $18 100 00 $20 600 00 5129 429 00 $11 000 00 $34 109 00 $29 350 00 $13 650 00 $23 400 00 $71 640 00 (S1 195 184 00) $0 00 04/29/2004 James A Cummings Inc 1 V illa2e ot Key Bhcaienc Kcs, BisLavnc C iv tc Center ProjeLt ( O' ,1 Rt (TIO\ (ONTR T CH 1N( E ORUE R Change Order Number State Project 'vumbf.r State ProjeLt \amt. ArchitectJEngincer Contractor Address City State/Zip Phone 4 `KB 98069000 `illaLe Cr\ is Center Communi Center Fire. State n \tatnor Commurut ['water C ount.il C hamN. \ ilia e }t K Biscayne Florida Spilhs Candela DMJM OB\t Miami &. R. hert (i C urr e Partnership James A Cummings lnc N') ti VL .,3rd Street Ft Lauderdale Flonda 33j09 (9'4) 73 -4211 DESCRIPTION OF CHANGE (Attach additional pages if required) Amendment Total $25 238 941 00 Change Order Total ($2 224 838 00) Decrease In !Increase In Contract Time Original Contract Time Preset Contract Time This Change Add (Deduct) New Contract Time Days Date* Contract Sum Subtotal ($1 195 184 00) Net Add (Deduct) (S1 195 184 00) Present Contract Sum $23 014 103 00 New Contract Sum S21 818 919 00 $0 00 $0 00 $0 00 $0 00 This Change Order is an amendment to the Contract Agreement between Contractor and the Owner and all contract provisions shall apply unless specifically exempted The amount and time change designated are the maximum agreed to by both the owner and the Contractor for this change In consideration of the foregoing adjustments in contract time and contract sum the contractor hereby releases Owner from all claims demands or causes of action arising out of the transactions events and occurani.es giving nse to this Chnage Order This written Change Order is the entire agreement between Owner and Contractor with respect to this Change Order No other agreements or modifications shall apply to this contract amendment unless expressly provided herein This Change Order represents final agency action pursuant to Section 120 57 Florida Statutes (1978) APPROVED fen Skyline M merit Group Inc 'Signature William R Derrer Iliresident Si sure Paul T Abbott VKB Representative Date APPROV Date 04/29/2004 James A Cummings Inc 2 REORDER FORM *6Oe i3 PART) TO. illage of Key Biscay ne 85 West MLInt‘re Street Key Biscati ne FL 33149 (.,W) 365-8903 • FA\ 365-b92.6 L Steel Fabricators, L L C 721 N E 44 Street Ft Lauderdale, Fl 33334 DATE REQUIRED SHIP VIA QTY ORDERED QTY RECEIVED 1Srow h s °Jrcnase Order NLmoef Lin ail LorresoordenLt invoices sh doing pacers and o�,Lkaye PURCHASE ORDER CAT E OF ORDER July 17, 2003 �I N1,k1BER N9 2245 i REOLISITCN NO J L FOB POINT SHIP TO James A Cummings, Inc 89 West McIntyre Street KEy Biscayne, Fl 33149 PPO ICOLL. TERMS 1 2 3 4 5 6 7 1 lot I STOCK NUMBER/DESCRIPTION / BUDGET CODE UNIT PRICE TOTAL Structural Steel Material for the Village of Key Biscayne Community Center I Please send copies of your invoice Order is to be entered in accordance with prices delivery and specifications shown above Notify us immediately if you are unable to ship as specified ORIGINAL BY I 1 %-- 4 iglik w.I Jai, a _ kil _7-- , REORDER FORM ♦806 (J PAR-) TO: %'llage of Key Biscayne 85 `Nest \IL Into, re Street Key Bica‘ nc_ FL 33149 (,0.1365-89(1) • F�.\ 365-6936 PURCHASE ORDER Show his purchase 3rder Nurroer or ail or esoonde co nIo (es s^ ppirg oa er and pkxage I\ NUMBER ti N9 2246 DATE OF ORDER ' RE.:LISITCN NO July 17, 2003 — SHIP TO I Nucor \iulcraft Croup James A Cummings, Inc C/O Steel Fabricators, L L C 89 West McIntyre Street 721 N E 44 Street Key Biscayne, Fl 33149 _ L Ft. Lauderdale, Fl 33334 L J DATE REQUIRED OTY ORDERED QTY RECEIVED SHIP VIA F O A POINT PPS !COLL TERMS STOCK NUMBER/DESCRIPTION / BUDGET CODE UNIT PRICE TOTAL 1 2 3 4 5 6 J 1 1 lot Metal deck material for the Village of Key Biscayne Community Center 'tease .send copies of your invoice 4er Is to be entered in accordance with prices delivery and specifications shown above us immediately if you are urable to ship as specified ORIGINAL BY $22,000 00 1 REORDER FORM •eo9 ka PART N illage of Key Biscayne 85 `\est MLInt.re Street Ite� Bisk.a% ne FL 331-19 t T05) 305 8(-)03 • FAX 365 893o Ca -lam Steel Corp TO. C/O Steel Fabricators, L L C 721 N E 44 Street L Ft Lauderdale, F1 33334 DATE REQUIRED SHIP VIA QTY ORDERED QTY RECEIVED Ion ov his c r ease Order Ntmb.'r r\ NUMBER al c'rre oonderce Invo ce5 1 } o ry a„ers and ,.aLxaye v �)Q 224TE OF OPOER REOUSITCN NO PURCHASE ORDER Jul. 17, 2003 SHIP TO James A Cummings, Inc 89 West McIntyre Street Key Biscayne, F1 33149 F 0 1 POINT PPD !COLL. TERMS J STOCK NUMBER/DESCRIPTION / BUDGET CODE 1 10 2 3 4 5 6 7 Steel Joist material for the Village of Key Biscayne Community Center 1 Please send copies of your invoice Order is to be entered in accordance with prices delivery and specifications shown above Notify us immediately if you are unable to ship as specified ORIGINAL UNIT PRICE TOTAL $84,89 00 BY Author, ture 2 A REORDER FORM 4606 (3 PART `iilage of Ivey Biscayne S.) «est \IL Into, re Street lti ne FL 33149 'bD 8v03 • FAX 365-5930 �iea�y Iron Welding TO: C/0 Steel Fabricators, L L C 721 N E 46 Street tFt Lauderdale, Fl 33334 PURCHASE ORDER Show this Purchase Order Ncmber on all corresponde^Le ,nva ce poing papers and paLKage� NUMBEq N2 2248 DATE OF ORDER July 17, 2003 REOUISITON NO f SHIP TO James A Cummings, Inc 89 West McIntyre Street Key Biscayne, Fl 33149 J L J DATE REQUIRED T SHIP VIA v F O S. POINT ICOLL' TERMS TPPD OTY ORDERED OW RECEIVED STOCK NUMBER/DESCRIPTION / BUDGET CODE UNIT PRICE TOTAL I1 ■ 1 toL Miscellaneous metals materials for $57,517.00 2 the Village of Key Biscayne 3 Community Center 4 5 6 hi , d 1 Please send copies of your invoice 2 Order is to be entered in accordance with prices delivery and specifications shown above 3 Notify us immediately if you are unable to ship as specified ORIGINAL BY thorized Signature 2 AfJHO^.+ :ii ?AR - IS Starimicuellilidumm , zllage ofa Keti BIsta%ne S5 YYe.)t YLLEILo hey B iscav'e FL 33 :05 5903 • F-\ 3o. dr— For- vcr,cs TO 4951 S �'- 34 Place Ft, -Lauderdale, Fl 33314 DATE REQUIRED QTY ORDERED QTY RECEIVED 2 3 4 5 5 T lot PURCHASE ORDER S A Pr a,e Cr ti N )r a r y L rL ,7 aacie ��. Cr C.74DE:7 Jul\, 21, 2003 _J L SHIP VIA F O S. POINT tiLrrc`' N9 224E CI% \C SHIP TO James ri C L" rt' I y.-, r Ii L 89 ;vest £Icir tyre Street Key Biscayre, Fl 33149 PPD !COLA. srocK NUMBER/DESCRIPTION /BUDGET CODE Concrete materials for the Village of Key Biscayne Community Center Please send copes of /our invoice Order is to be entered in accordance with onces delivery and specifications shown ace Notify us immediately if you are unable to ship as specified t t B( ORIGINAL UNIT PRICE thonzed Signature Y 1 1 1 -- , t L.- L 1 .c $315,882 qE3 €R ORM GCS aR t il.a;e of Ise% Et.La� ne h.. L.1 ^e FL__�!� ts 1_ • F -Vi S K— TO 4951 s 3%* P_ac Jar Ft ,Lauderdale, FI 33314 DATE REQUIRED ORDERED QTY RECEIVED 1 lot Reinforcing Steel for the PURCHASE ORDER \Lk 15. ry - a: 31%. JL L .-• L SNIP VIA t 4.1 1 � J SHIP TO N9 2259 L 89 Wes Key B .scal,ne, F.1 33149 PPD ICOLL STOCK NUMBER/DESCRIPTION / BUDGET COCE Village of Key Biscayne Community Center send copies of ur invoice is a be er tered n acccrdare a wit', prices deli 4e J arC SweCIfic3ticrs ShCwr Steve us immed,arely f yci., are unable to ship as spec fled c ORIGINAL 81 UNIT PRICE Authored 3 gnat ra I t.:;• 1 AS-" HO\N K `E � v *Es E , Rum,' t -J `t \'llage of Key Biscay ne 85 West McIntyre Street Ke' Biscayne Florida 3) 149 (305) 365 8904 FA\ (305) 365-8936 tarmac America, LLC TO P 0 Box 8648 Deerfield Beach, Fl 33443-8648 Show this Purc,ase Order Number on all correspondence invoices shipping papers and packages NUM ER V2316 DATE OF ORDER J r SHIP TO 7 James A Cummings, inc 89 W McIntyre Street Key Biscayne, Fl 33149 L(954) 425-4189 Mike Wright J L Cam"(1-i�a 1 t� Yr r -1 _1 QTY ORDERED STOCK NUMBER / DESCRIPTION / BUDGET CODE UNIT PRICE TOTAL 1 2 3 4 5 6 7 8 9 10 11 12 1 Concrete and Block for the $11 00 0 00 Village of Key Biscayne Community Center. ed Signature J TO p `t illage of Key Biscayne 85 \\Jest MLlntyre Street KeN, Biscayne Florida 33149 (305) 365 8904 F -k\ (305) 365 89.'6 KcA Lumber 1001 Guest Mowry Drive Homestead, Fl 33030 L QTY ORDERED PUKtlirRITRDER Show this Purchase Order Number on all correspondence invoices shipp+ng papers and packages NU44BEP 2317 DATE OF ORDER 12/18/03 E SHIP TO .Yames A Cummings, 89 West McIntyre Street Key Biscayne, Fl 33149 J L Inc 7 J STOCK NUMBER / DESCRIPTION / BUDGET CODE 1 2 3 4 5 6 7 8 9 10 11 12 1 1 rn Reinforcing Steel for the Village of Key Biscayne Community Center. CD C', 2 1-- v M[+ , 1Ul Y BY UNIT PRICE I TOTAL IN $24,060 ,00 Authorized Signature 13k TO ORIO V illage of Key Biscay ne 85 West McIntyre Street Kes Biscayne Florida 33149 (305) 365 8904 FAX (305) 365 8936 Show this Purchase Order Number NUM EE R on alt correspondence invoices shipping papers and packages 1 j `.. - Antos DATE OF ORDER —1 E SHIP TO L 1) LtcretP I J L J QTY ORDERED STOCK NUMBER / DESCRIPTION / BUDGET CODE 1 2 3 4 5 6 7 8 9 L r UNIT PRICE TOTAL J� 1 3 , 4 • J p (!V r 1t, V L l i3.,t or JY_r V c ► t.. J • I BY Authorized Signature -rr rn Q c i r" ET' "3 I -v" c D irl E TO 41111111111111111 `illage of Key Biscayne 85 Vest MILlntyre Street key Biscayne Florida 33149 (305) 365-890,4 FA\ (305) 365-8936 PU1 •F1 ORDER Show this Purchase Order Number on all correspondence invoices shipping papers and packages t4LMBER DATE OF ORDER —1 E. SHIP TO L -i J J L J rOTY ORDERED STOCK NUMBER / DESCRIPTION / BUDGET CODE UNIT PRICE ` TOTAL 1 1 3 4 ,5 6 7 8 9 1 L -?oar i.JL' Ln,..- v..Sii;:. ....0 r.. a_ r .. ' DO , + 10 11 12 .� , y r -.,, ^ -A t 13 �-A �." �i`.� - -'--` J BY Authorized Signature c— fD C n NZ r r[Z w'AY1C`--3 ti'iliage of Key Biscayne 85 \hest ‘kIntyre Street Key Biscayne Florida 3)149 (305) 365 8904 FA\ (305) 365-89)6 Rinker Materials TO 2001 N E 146 Street N Miami, Fl 33166 L_ QTY ORDERED STOCK NUMBER / DESCRIPTION / BUDGET CODE PURCJj ORDER Show this Purchase Order Number I 1 NUMBER on au correspondence invoices shipping papers and packages 2320 DATE OF ORDER 1/28/04 E SHIP TO J L BY James A Cummings, Inc 89 West McIntyre Street Key Biscayne, F1 33149 UNIT PRICE TOTAL uthonzed Signature J 1 2 3 4 5 6 7 8 9 10 11 12 13 E TO % lllage of Key Biscayne Sh ow this Purchase Order Number 85 West McIntyre Street on all corre Key Biscayne Florida 33149 shipping p (305) 365 8904 DATE OF O FA\ (305) 365-8916 -1 r SHIP TO - invoices apers and packages spondence RDER ��_r I), NI MSER 23E L L QTY ORDERED STOCK NUMBER / DESCRIPTION / BUDGET CODE UNIT PRICE TOTAL J 1 I 1 LA. r _a r_r r� r I. - c C A G D tet BY 00, Authorized Signature ha am — w din rd - TTTh % illage of Key Biscayne 85 Vest McIntyre Street Key Biscayne Florida 33149 (305) 365 8904 FAX (305) 365-89i6 TO L toi Show this Purchase Order Number on all correspondence invoices shipping papers and packages S:.CHASE ORDER DATE OF ORDER r SHIP TO NUMBEq 23c - i T _J L J CITY ORDERED STOCK NUMBER / DESCRIPTION / BUDGET CODE UNIT PRICE TOTAL 1 2 3 4 5 6 7 8 9 10 11 12 4 -�? = i i i:: r--i^�_ �2t+ t✓I �r ate_ ter- a ` C .41 .r No* i rc _t r J M 1 y ir r D C) D BY rte' r Authorized Signature E TO MIC) ACHASE ORDEP % illage of Key Biscayne 85 \ est McIntyre Street Key Biscayne, Honda 33149 (305) 365-8904 FA\ (305) 365-8936 Show this Purchase Order Number on all correspondence Invoices shipping papers and packages DATE OF ORDER NUMBER .04 411 44 7 I— SHIP TO L_ 1 J L_ J OTY ORDERED STOCK NUMBER / DESCRIPTION / BUDGET CODE UNIT PRICE TOTAL 1 2 3 4 5 6 7 8 9 10 11 12 13 L 4�.• J 00 1 - c L,a t.: 3 ►. 1:7C I:. &L.i _C Cwt BY i Authorized Signature r v - F4E3 C" r TO illage of Key Biscayne 85 West McIntyre Street kev Biscayne Honda 33149 (305) 365 8904 FA\ (305) 365 8936 L Pi ACHASE ORDER Show this Purchase Order Number NUMBERon all correspondence invoices shipping papers and packages 2 S 4 DATE OF ORDER Nirp- E SNIP TO J L J QTY ORDERED STOCK NUMBER / DESCRIPTION / BUDGET CODE UNIT PRICE TOTAL 1 1 2 3 4 5 6 7 8 9 10 11 12 ' L -L 1 C J L t f_!.a _I OU 4- ?.cl D BY -- t J Authorized Signature JRCHASE ORDER 'i tllage of Key Biscayne 85 West McIntyre Street Key Biscayne Flonda 33149 (305) 365-8904 FAX (305) 365-8936 TO 5. L Show this Purchase Order Number NUMBER on all correspondence invoices shipping papers and packages DATE OF ORDER E SHIP TO 1 1,49 J L J QTY ORDERED STOCK NUMBER / DESCRIPTION / BUDGET CODE UNIT PRICE TOTAL 1 1 2 3 4 5 6 7 8 9 10 11 12 1 L_= U ace_r.ai :or ,IO.:u Lr.s_ 4 r U ,tiv J. e 4. r ;4 BY f - 4- I Authorized Signature illage of Key Biscayne 85 West McIntyre Street Key Biscayne Florida 33149 (305) 365-8904 FA\ (305) 365-8936 1 TO - :CHASE ORDER Show this Purchase Order Number \ NUMBER on all correspondence invoices shipping papers and packages 23E7 DATE OF ORDER 1 —1 r stijkpAR / QTY ORDERED LttH J L J STOCK NUMBER / DESCRIPTION / BUDGET CODE UNIT PRICE TOTAL 1 1 2 3 4 5 6 7 8 9 10 11 12 t •. � � : & '•-i i 7' O .D t :. / c e ' t J r t61.1 57 f1t2t BY J Authorized Signature TO 'V Wage of Key Biscay ne 85 West McIntyre Street Key Biscayne Honda 33149 (305) 365 8904 FA\ (305) 365-8936 I4k"FIASE ORD1R Show this Purchase Order Nurn er on all correspondence invoices shipping papers and packages NUMBER V2368 DATE OF ORDER -1 I- SHIP TO L ly_-) :7,-7371 Lianaietc ld 1� J L J r CITY ORDERED STOCK NUMBER / DESCRIPTION / BUDGET CODE UNIT PRICE TOTAL 1 2 3 4 5 6 7 8 i_, ACCLS:1:,.3i Ceilla °1 Geri is tcr 1 .j_ -, ..�_ .. _*J i30 00 Lrlsi viI.L.3-a Cr r%7:- ciSC.1rf rC.cre c_cL Ccrc r. 9 10 11 12 13 L 1.. BY Authorized Signature TO `illage of Key Biscayne 85 'West McIntyre Street Key Biscayne Flonda 33149 (305) 365 8904 FA\ (305) 365 8936 1-J ! i L FORCHASE ORDER Show this Purchase Order Number on all correspondence invoices shipping papers and packages NUMBER ,c DATE OF ORDER E SHIP TO 1 1 J L J OTY ORDERED STOCK NUMBER / DESCRIPTION / BUDGET CODE UNIT PRICE TOTAL 1 1 2 3 4 5 6 7 8 9 10 , , - • - ,-1 , -- 1- -'1 , (, r _ - :t 00 L t 1- .L t� - .4.z:0 .xi - .. L �a --'C.. - - 1 2 BY Authorized Signature r _ L. TO `ill age of Key Biscay ne 85 Aest McIntyre Street key Biscayne, Flonda 33149 (305) 365-8904 FAX (305) 365-8936 J —r ACC:.=i "t L L t ' 4 } 34'.7 -3465 OTY ORDERED c., r— L Show this Purchase Order Number NLMEER an all correspondence invoices shIpprig papers and packages e j f j DATE OF ORDER E SHIP TO J L STOCK NUMBER / DESCRIPTION / BUDGET CODE 8Y Authorized Signature UNfT PRICE TOTAL J RESOLUTION NO 2004-39 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING THE PROPOSED MILLAGE RATE OF THE VILLAGE OF KEY BISCAYNE FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2004 THROUGH SEPTEMBER 30, 2005 PURSUANT TO FLORIDA STATUTE 200 065 (TRIM BILL), SETTING A DATE FOR A FINAL PUBLIC HEARING TO ADOPT THE MILLAGE RATE, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on August 3, 2004, the Village Council adopted Resolution No 2004-31 determining the "Proposed Millage Rate" for the fiscal year commencing October 1, 2004 and further scheduled the public hearing required by Section 200 065 of the Flonda Statutes to be held on September 14, 2004 at 7 00 p m , and WHEREAS, the Property Appraiser has properly noticed the public heanng scheduled for September 14, 2004 at 7 00 p m , at 560 Crandon Boulevard, Key Biscayne, Flonda, as required by Chapter 200 of the Flonda Statutes, and WHEREAS, said public heanng, as required by Section 200 065(2)(c), was held by the Village Council on September 14, 2004, commencing at 7 00 p m , as previously noticed and the public and all interested parties having had the opportunity to address their comments to the Village Council and the Village Council having considered the comments of the public regarding the proposed millage rate and having complied with the "TRIM" requirements of the Flonda Statutes NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 That the proposed millage rate for the Village of Key Biscayne for the fiscal year commencing October 1, 2004 through September 30, 2005, be and is hereby fixed at the rate of 3 606 mills which is $3 606 dollars per $1,000 00 of assessed property value within the Village of Key Biscayne Section 2 That the rolled -back rate is 3 416 mills and the proposed millage rate is 3 606 mills which is 5 562 % over the rolled -back rate Section 3 That a final public heanng to adopt a millage rate and budget for the fiscal year commencing October 1, 2004 through September 30, 2005 be and is hereby set at the Council Chamber, 560 Crandon Boulevard, Key Biscayne, Flonda, on Tuesday, September 28, 2004, at 7 00 pm Section 4 That the Village Clerk be and is hereby directed to advertise said public heanng as required by law Section 5 That this resolution shall be effective immediately upon adoption PASSED AND ADOPTED this 14th day of September , 2004 /14) ct6A/14/C___. MAYOR ROBERT OLDAKOWSKI AT CHITA H ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFICIENCY VILLAGE ATT EY -2- RESOLUTION NO 2004-40 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING THE FINAL MILLAGE RATE OF THE VILLAGE OF KEY BISCAYNE FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2004 THROUGH SEPTEMBER 30, 2005 PURSUANT TO FLORIDA STATUTE 200 065 (TRIM BILL), PROVIDING FOR AN EFFECTIVE DATE WHEREAS, pursuant to Section 200 065 of the Florida Statutes, the Property Appraiser has made tax assessments for all real property within the jurisdiction of the Village of Key Biscayne, and WHEREAS, on August 3, 2004, the Village Council adopted Resolution No 2004-31 determining the "Proposed Millage Rate" for the fiscal year commencing October 1, 2004 and further scheduled the public hearings required by Section 200 065 of the Florida Statutes to be held on September 14 and 28, 2004 at 7 00 p m , and WHEREAS, the public hearings, as required by Section 200 065(2) (c) and (d), were held by the Village Council on September 14 and 28, 2004, commencing at 7 00 p m , as previously noticed and the public and all interested parties having had the opportunity to address their comments to the Village Council and the Village Council having considered the comments of the public regarding the final millage rate and having complied with the "TRIM" requirements of the Florida Statutes NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 That the final millage rate for the Village of Key Biscayne for the fiscal year commencing October 1, 2004 through September 30, 2005 be and is hereby fixed at the rate of 3 606 mills which is $3 606 dollars per thousand dollars of assessed property value within the Village of Key Biscayne Section 2 That the rolled -back rate is 3 416 mills and the final millage rate is 3 606 mills which is 5 562 % percent over the rolled -back rate Section 3 This resolution shall be effective immediately upon its adoption by the Village Council PASSED AND ADOPTED this 28th day of September , 2004 14,,,67 (zit/tit L___ -- MAYOR ROBERT OLDAKOWSKI 7�Co/�re�/�° CONCHITA H ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFICIEN VILLAGE ATTOk RESOLUTION NO 2004-41 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AGREEMENT FOR PREAPPROVED ADVANCED CLEANUP BETWEEN THE DEPARTMENT OF ENVIRONMENTAL PROTECTION OF THE STATE OF FLORIDA AND THE VILLAGE OF KEY BISCAYNE, FOR SITE REHABILITATION OF PETROLEUM CONTAMINATION ON VILLAGE OWNED PROPERTY LOCATED AT 530 CRANDON BOULEVARD, KEY BISCAYNE, FLORIDA, PROVIDING AN EFFECTIVE DATE WHEREAS, the Village owned property located at 530 Crandon Boulevard, Key Biscayne, Florida, contaminated with petroleum product (the "Property"), is eligible for state -funded remediation assistance under the Flonda Petroleum Liability and Restoration Insurance Program, and WHEREAS, the Preaproved Advanced Cleanup (the "PAC") Program was created to allow eligible sites to receive state funding assistance out of pnonty score order WHEREAS, the Property is considered eligible for the PAC Program for the Fiscal Year 2004/2005, and WHEREAS, participation in the PAC Program will expedite the site rehabilitation process at the Property, and WHEREAS, in order to participate in the PAC Program the Village is required to execute a PAC Agreement, attached and incorporated herein, with the Department of Environmental Protection (the "Department") providing that the Village and the Department share the costs of site rehabilitation as specified in the Agreement, and WHEREAS, the Village Council finds that participation in the PAC Program in accordance with the terms and requirements set forth in the PAC Agreement 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 That the PAC Agreement, in substantially the form attached hereto, is hereby approved and the Village Manager is authonzed to execute the Agreement on behalf of the Village Section 2 That the Village Manager and Village Attorney are authorized to take any and all action necessary to implement the Agreement Section 3 Effective Date This Resolution shall be effective immediately upon adoption PASSED AND ADOPTED this 28th day of September, 2004 tt 0 ttex 4 i____ '2, _ MAYOR ROBERT OLDAKOWSKI CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY VILLAGE A TO F \I00\103001\Resolutions\Approving Agreement Re Preapproved Advanced Cleanup with DEP doc 2 RESOLUTION NO 2004-42 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE ISSUANCE OF LAND ACQUISITION AND CAPITAL IMPROVEMENT REVENUE BONDS, SERIES 2004, OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,800,000 FOR THE PURPOSE OF REIMBURSING THE PROJECT FUND FOR COSTS OF ACQUIRING LAND LOCATED AT 530 CRANDON BOULEVARD (THE FORMER CITGO STATION SITE) FOR VILLAGE PURPOSES, FINANCING A PORTION OF THE COSTS OF SITE IMPROVEMENTS FOR THE VILLAGE'S CIVIC CENTER, FINANCING ARCHITECTURAL, ENGINEERING, ENVIRONMENTAL, LEGAL AND OTHER PLANNING COSTS RELATED THERETO, AND PAYING COSTS OF ISSUANCE OF THE BONDS, AWARDING THE SALE OF THE BONDS TO SUNTRUST BANK, PROVIDING FOR SECURITY FOR THE BONDS, PROVIDING OTHER PROVISIONS RELATING TO THE BONDS, MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on April 23, 2002, the Village Council (the "Council") of the Village of Key Biscayne, Flonda (the "Village") adopted Ordinance No 2002-2 ("Ordinance 2002-2") authonzing the issuance of not exceeding $1,500,000 of revenue bonds or bond anticipation notes for the purpose of financing a portion of the costs of acquiring land located at 530 Crandon Boulevard (the former Citgo Station site) (the "Property") for Village purposes, financing architectural, engineenng, environmental, legal and other planning costs related thereto, and paying costs of issuance of the bonds or notes, and WHEREAS, subsequently the Village acquired the Property for $1,800,000 in cash, and WHEREAS, on August 31, 2004, the Council adopted Ordinance No 2004-8 ("Ordinance 2004-8," and, together with Ordinance 2002-2, the "Ordinance") authorizing the issuance of (a) an additional $300,000 of bonds or notes to reimburse the project fund for the purchase of the Property and (b) not exceeding $1,000,000 of bonds or notes for the purpose of financing a portion of the costs of site improvements for the Village's civic center, and financing architectural, engineering, environmental, legal and other planning costs related thereto, and paying costs of issuance of the bonds or notes (collectively, the "Project"), and WHEREAS, pursuant to the Ordinance, the Village has solicited proposals for the financing of the Project, and {M1250954_2} WHEREAS, the Council hereby determines to accept a commitment (the "Commitment") from SunTrust Bank (the "Bank") to purchase the Bonds, and WHEREAS, the Council desires to set forth the details of the Bonds in this Bond Resolution, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA SECTION 1 AUTHORIZATION OF BONDS Pursuant to the provisions of this Bond Resolution and the Ordinance, land acquisition and capital improvement revenue bonds of the Village to be designated "Village of Key Biscayne, Flonda Land Acquisition and Capital Improvement Revenue Bonds, Senes 2004" (the `Bonds"), are hereby authonzed to be issued in an aggregate pnncipal amount of $2,800,000 for the purpose of reimbursing the project fund for costs of acquiring land located at 530 Crandon Boulevard (the former Citgo Station site) for Village purposes, financing a portion of the costs of site improvements for the Village's civic center, financing architectural, engineenng, environmental, legal and other planning costs related thereto, and paying costs of issuance of the Bonds SECTION 2 TERMS OF THE BONDS (a) General Provisions The Bonds shall be issued in fully registered form without coupons The pnncipal of and interest on the Bonds shall be payable when due in lawful money of the United States of Amenca by wire transfer or by certified check delivered on or pnor to the date due to the registered Owners of the Bonds ("Owners") or their legal representatives at the addresses of the Owners as they appear on the registration books of the Village Payments shall be made in immediately available funds by no later than 2 00 p m on the date due, free and clear of any defenses, set -offs, counterclaims, or withholdings or deductions for taxes The Bonds shall be dated the date of their issuance and delivery and shall be initially issued as one Bond in the denomination of $2,800,000 The Bonds shall mature on November 1, 2022 THE BONDS SHALL NOT BE DEEMED TO CONSTITUTE AN INDEBTEDNESS OF THE VILLAGE OR A PLEDGE OF THE FAITH AND CREDIT OF THE VILLAGE, BUT SHALL BE PAYABLE EXCLUSIVELY FROM LEGALLY AVAILABLE NON -AD VALOREM REVENUES OF THE VILLAGE, AS DEFINED IN THIS RESOLUTION THE ISSUANCE OF THE BONDS SHALL NOT DIRECTLY OR INDIRECTLY OR CONTINGENTLY OBLIGATE THE VILLAGE TO LEVY OR TO PLEDGE ANY FORM OF TAXATION WHATEVER THEREFOR NOR SHALL THE BONDS CONSTITUTE A CHARGE, LIEN, OR ENCUMBRANCE, LEGAL OR EQUITABLE, UPON ANY PROPERTY OF THE VILLAGE, AND THE HOLDERS OF THE BONDS SHALL HAVE NO RECOURSE TO THE POWER OF TAXATION {M1250954_2} 2 (b) Interest Rate Subject to adjustment as provided below, the Bonds shall bear interest on the outstanding pnncipal balance from their date of issuance payable quarterly on the first day of each February, May, August and November (the "Interest Payment Dates"), commencing February 1, 2005, at an interest rate equal to 3 83% per annum to but not including November 1, 2012 (the "Initial Interest Rate Penod") Commencing on November 1, 2012 through the matunty date of the Bonds (the "Second Interest Rate Penod"), the interest rate shall be adjusted to a rate equal to (A) the ten-year Federal Reserve interest rate swap rate (the "Index Rate"), plus 110 basis points, divided by (B) 1 5054 (such divisor, however, being subject to adjustment if any of the events specified in this Section (2)(b) (i) through (iv) occurs, so as to provide the Owners of the Bonds the same after-tax yield they would otherwise have had in the absence of such occurrence) (the "New Interest Rate") The "Index Rate" is currently published at the website http //federalreserve gov/releases/h15/update/ Interest on the Bonds shall be computed on the basis of a 360 -day year based on twelve 30 - day months (i) Adjustment of Interest Rate For Full Taxability In the event a Determination of Taxability shall have occurred, the rate of interest on the Bonds shall be increased to a rate per annum equal to 5 8982%, and in the event a Determination of Taxability shall have occurred dunng the Second Interest Rate Penod, the rate of interest on the Bonds shall be increased to a rate per annum equal to the New Interest Rate times 1 54 (the "Taxable Rate"), effective retroactively to the date on which the interest payable on the Bonds is includable for federal income tax purposes in the gross income of the Owners thereof In addition, the Owners of the Bonds or any former Owners of the Bonds, as appropnate, shall be paid an amount equal to any additions to tax, interest and penalties, and any arrears in interest that are required to be paid to the United States by the Owners or former Owners of the Bonds as a result of such Determination of Taxability All such additional interest, additions to tax, penalties and interest shall be paid by the Village on the next succeeding Interest Payment Date following the Determination of Taxability A "Determination of Taxability" shall mean (i) the issuance by the Internal Revenue Service of a statutory notice of deficiency or other wntten notification which holds in effect that the interest payable on the Bonds is includable for federal income tax purposes in the gross income of the Owners thereof, which notice or notification is not contested with the Internal Revenue Service by either the Village or any Owners of the Bonds, or (ii) a determination by a court of competent junsdiction that the interest payable on the Bonds is includable for federal income tax purposes in the gross income of the Owners thereof, which determination either is final and non - appealable or is not appealed within the requisite time penod for appeal, or (iii) the admission in wnting by the Village to the effect that interest on Bonds is includable for federal income tax purposes in the gross income of the Owners thereof, or (iv) receipt by the Village of an opinion of bond counsel to the Village to the effect that interest on the Bonds is includable for federal income tax purpose in the gross {M1250954_2) 3 income of the Owners thereof (ii) Adjustment of Interest Rate for Partial Taxability In the event that interest on the Bonds dunng any period becomes partially taxable as a result of a Determination of Taxability applicable to less than all of the Bonds, then the interest rate on the Bonds shall be increased during such period by an amount equal to (A -B) x C where (a) A equals the Taxable Rate (expressed as a percentage), (b) B equals the interest rate on the Bonds (expressed as a percentage), and (c) C equals the portion of the Bonds the interest on which has become taxable as the result of such tax change (expressed as a decimal) In addition, the Owners of the Bonds or any former Owners of the Bonds, as appropriate, shall be paid an amount equal to any additions to tax, interest and penalties, and any arrears in interest that are required to be paid to the United States by the Owners or former Owners of the Bonds as a result of such Determination of Taxability All such additional interest, additions to tax, penalties and interest shall be paid by the Village on the next succeeding Interest Payment Date following the Determination of Taxability (iii) Adjustment of Interest Rate for Change in Maximum Corporate Tax Rate In the event that the maximum effective federal corporate tax rate (the "Maximum Corporate Tax Rate") during any period with respect to which interest shall be accruing on the Bonds on a tax-exempt basis, shall be other than thirty-five percent (35%), the interest rate on the Bonds that are bearing interest on a tax-exempt basis shall be adjusted to the product obtained by multiplying the interest rate then in effect on the Bonds by a fraction equal to (1-A divided by 1-B), where A equals the Maximum Corporate Tax Rate in effect as of the date of adjustment and B equals the Maximum Corporate Tax Rate in effect immediately prior to the date of adjustment (iv) Adjustment of Interest Rate for Other Changes Affecting After -Tax Yield So long as any portion of the principal amount of the Bonds or interest thereon remains unpaid (a) if any law, rule, regulation or executive order is enacted or promulgated by any public body or governmental agency which changes the basis of taxation of interest on the Bonds or causes a reduction in yield on the Bonds (other than by reason of a change described above) to the Owners or any former Owners of the Bonds, including without limitation the imposition of any excise tax or surcharge {M1250954_2} 4 thereon, or (b) if, as a result of action by any pubic body or governmental agency, any payment is required to be made by, or any federal, state or local income tax deduction is denied to, the Owners or any former Owners of the Bonds (other than by reason of a change descnbed above or by reason of any action or failure to act on the part of any Owner or any former Owner of the Bonds) by reason of the ownership of the Bonds, the Village shall reimburse any such Owner within five (5) days after receipt by the Village of written demand for such payment, and the Village agrees to mdemmfy each such Owner against any loss, cost, charge or expense with respect to any such change The determination of the after-tax yield calculation shall be verified by a firm of certified public accountants regularly employed by the Bank (or the current Owner of the Bonds) and acceptable to the Village, and such calculation, in the absence of manifest error, shall be binding on the Village and the Owners (c) Prepayment Provisions (i) Mandatory Prepayment The pnncipal of the Bonds shall be subject to mandatory prepayment in quarterly annual installments on each Interest Payment Date, commencing August 1, 2005 (each a "Scheduled Due Date") The schedule of principal and interest payments due on each Scheduled Due Date shall be determined on April 30, 2005, after the last Advance (as defined in Section 10(e) hereof) has been made in accordance with Section 10(a) hereof The schedule shall be determined based upon a seventeen and one-half (17 5) year amortization schedule of substantially level payments of pnncipal and interest, with payments of principal and interest sufficient to fully amortize so much of the pnncipal amount of the Bonds as has been Advanced hereunder, with the final payment due and payable on November 1, 2022 In the event that there is more than one Owner of the Bonds, (A) the Village shall determine the amount of each Bond to be redeemed, and (B) the Village shall give notice to each Owner of the Bonds at least three (3) days pnor to the date of mandatory redemption of the amount of each Bond to be redeemed (ii) Optional Prepayment The Bonds are subject to optional prepayment, upon thirty (30) days wntten notice to the Bank, in whole or in part at any time at par, plus accrued interest to the date of prepayment SECTION 3 EXECUTION OF BONDS The Bonds shall be signed in the name of the Village by the Mayor or Vice Mayor (or, in their absence, any other member of the Village Council) and the Village Clerk, and its seal shall be affixed thereto or imprinted or reproduced thereon The signatures of the Mayor or Vice Mayor (or, in their absence, any other member of the Village Council) and Village Clerk on the Bonds may be manual or facsimile signatures, provided that the signature of one of such officers shall be a manual signature In case any one or more of the officers who shall have signed or sealed any of the Bonds shall cease to be such officer of the Village before (M1250954_2) 5 the Bonds so signed and sealed shall have been actually sold and delivered, such Bonds may nevertheless be sold and delivered as herein provided and may be issued as if the person who signed and sealed such Bonds had not ceased to hold such office Any Bonds may be signed and sealed on behalf of the Village by such person as at the actual time of the execution of such Bonds shall hold the proper office, although at the date of such Bonds such person may not have held such office or may not have been so authorized SECTION 4 NEGOTIABILITY, REGISTRATION AND CANCELLATION The Village shall serve as Registrar and as such shall keep books for the registration of Bonds and for the registration of transfers of Bonds Bonds may be transferred or exchanged upon the registration books kept by the Village, upon delivery to the Village, together with written instructions as to the details of the transfer or exchange, of such Bonds in form satisfactory to the Village and with guaranty of signatures satisfactory to the Village, along with the social security number or federal employer identification number of any transferee and, if the transferee is a trust, the name and social security or federal tax identification numbers of the settlor and beneficiaries of the trust, the date of the trust and the name of the trustee Bonds may be exchanged for one or more Bonds of the same aggregate principal amount and maturity and in denominations in integral multiples of $250,000 (except that an odd lot is permitted to complete the outstanding principal balance) No transfer or exchange of any Bond shall be effective until entered on the registration books maintained by the Village The Village may deem and treat the person in whose name any Bond shall be registered upon the books kept by the Village as the absolute Owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond as they become due and for all other purposes All such payments so made to any such Owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid In all cases in which Bonds are transferred or exchanged in accordance with this Section, the Village shall execute and deliver Bonds in accordance with the provisions of this Resolution All Bonds surrendered in any such exchanges or transfers shall forthwith be cancelled by the Village There shall be no charge for any such exchange or transfer of Bonds, but the Village may require the payment of a sum sufficient to pay any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer The Village shall not be required to transfer or exchange Bonds for a period of 15 days next preceding an Interest Payment Date on such Bonds All Bonds, the principal and interest of which has been fully paid, either at or prior to maturity, shall be delivered to the Village when such payment is made, and shall thereupon be cancelled In case a portion but not all of an outstanding Bond shall be prepaid, such Bond shall not be surrendered in exchange for a new Bond, but the Village shall make a notation indicating the remaining outstanding principal of the Bonds upon the registration books The Bond so redesignated {M1250954_21 6 shall have the remaining pnncipal as provided on such registration books and shall be deemed to have been issued in the denomination of the outstanding pnncipal balance, which shall be an authonzed denomination SECTION 5 BONDS MUTILATED, DESTROYED, STOLEN OR LOST In case any Bond shall become mutilated or be destroyed, stolen or lost, the Village may in its discretion issue and deliver a new Bond of like tenor as the Bond so mutilated, destroyed, stolen or lost, in the case of a mutilated Bond, in exchange and substitution for such mutilated Bond upon surrender of such mutilated Bond or in the case of a destroyed, stolen or lost Bond in lieu of and substitution for the Bond destroyed, stolen or lost, upon the Owner furnishing the Village proof of his ownership thereof, satisfactory proof of loss or destruction thereof and satisfactory indemnity, complying with such other reasonable regulations and conditions as the Village may prescnbe and paying such expenses as the Village may incur The Village shall cancel all mutilated Bonds that are surrendered If any mutilated, destroyed, lost or stolen Bond shall have matured or be about to mature, instead of issuing a substitute Bond, the Village may pay the pnncipal of and interest on such Bond upon the Owner complying with the requirements of this paragraph Any such duplicate Bonds issued pursuant to this section shall constitute onginal, additional contractual obligations of the Village whether or not the lost, stolen or destroyed Bonds be at any time found by anyone, and such duplicate Bonds shall be entitled to equal and proportionate benefits and nghts as to hen on and source and secunty for payment from the funds, as hereinafter pledged, to the extent as all other Bonds issued hereunder SECTION 6 FORM OF BONDS The text of the Bonds shall be of substantially the tenor set forth in Exhibit "A" hereto, with such omissions, insertions and vanations as may be necessary and desirable and authonzed or permitted by this Resolution SECTION 7 COVENANT TO BUDGET AND APPROPRIATE The Village hereby covenants and agrees to appropnate in its annual budget, by amendment, if necessary, from Non -Ad Valorem Revenues (as defined in this Section) lawfully available in each fiscal year, amounts sufficient to pay the pnncipal and interest due on the Bonds in accordance with their terms dunng such fiscal year "Non -Ad Valorem Revenues" means all revenues of the Village denved from any source other than ad valorem taxation on real or personal property and which are legally available to make the payments required under this Resolution, other than (i) Public Service Taxes authonzed by Part III, Chapter 166, Flonda Statutes, and received by the Village pursuant to Section 25-50 et seq of the Village Code and (ii) Stormwater Utility Fees as defined by Section 403 0893(3), Flonda Statutes, and imposed pursuant to Ordinance No 93-11 adopted by the Village Council on June 22, 1993 (as amended by Ordinance No 93-11-A), but only after provision has been made by the Village for the payment of all essential or legally mandated services not otherwise provided for by ad valorem taxes Such covenant and agreement on the part of the Village to budget and appropnate such amounts of Non -Ad Valorem Revenues shall be cumulative to the extent not paid, and shall continue until such Non -Ad Valorem Revenues or other legally available funds in amounts sufficient to make all such required payments shall have been budgeted, appropnated and actually paid {M1250954_2} 7 Notwithstanding the foregoing covenant of the Village, the Village does not covenant to maintain any services or programs, now provided or maintained by the Village, which generate Non -Ad Valorem Revenues Such covenant to budget and appropriate does not create any hen upon or pledge of such Non -Ad Valorem Revenues, nor does it preclude the Village from pledging in the future its Non -Ad Valorem Revenues, nor does it require the Village to levy and collect any particular Non -Ad Valorem Revenues, nor does it give the Bondholders a pnor claim on the Non -Ad Valorem Revenues as opposed to claims of general creditors of the Village Such covenant to appropriate Non -Ad Valorem Revenues is subject in all respects to the payment of obligations secured by a pledge of such Non -Ad Valorem Revenues heretofore or hereinafter entered into (including the payment of debt service on bonds and other debt instruments) However, the covenant to budget and appropnate in its general annual budget for the purposes and in the manner stated herein shall have the effect of making available in the manner described herein Non -Ad Valorem Revenues and placing on the Village a positive duty to appropriate and budget, by amendment, if necessary, amounts sufficient to meet its obligations under this Resolution, subject, however, in all respects to the terms of this Resolution and the restrictions of Section 166 241(3), Florida Statutes, which provides, in part, that the governing body of each municipality make appropriations for each fiscal year which, in any one year, shall not exceed the amount to be received from taxation or other revenue sources, and subject, further, to the payment of services and programs which are for essential public purposes affecting the health, welfare and safety of the inhabitants of the Village or which are legally mandated by applicable law SECTION 8 BOND FUND There is hereby created a fund entitled "Village of Key Biscayne, Florida Land Acquisition and Capital Improvement Revenue Bonds, Series 2004 Bond Fund" (the "Bond Fund") There shall be deposited into the Bond Fund on each Interest Payment Date sufficient amounts of Non -Ad Valorem Revenues as specified in Section 7 hereof which, together with the amounts already on deposit therein, will enable the Village to pay the principal of and interest on the Bonds on each Interest Payment Date Moneys in the Bond Fund shall be applied on each Interest Payment Date to the payment of principal of and interest on the Bonds coming due on each such date SECTION 9 INVESTMENT OF BOND FUND Subject to Section 12 hereof, funds in the Bond Fund may be invested in the following investments, maturing at or before the time such funds may be needed to pay principal of or interest on Bonds, to the extent such investments are legal for investment of municipal funds ("Authorized Investments") (a) The Local Government Surplus Funds Trust Fund, (b) Negotiable direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States Government at the then prevailing market price for such securities, {M1250954_2} 8 (c) Interest-beanng time deposits or savings accounts in banks organized under the laws of the State of Flonda (the "State"), in national banks organized under the laws of the United States and doing business and situated in the State, in savings and loan associations which are under State supervision, or in federal savings and loan associations located in the State and organized under federal law and federal supervision, provided that any such deposits are secured by collateral as may be prescnbed by law, (d) Obligations of the federal farm credit banks, the Federal Home Loan Mortgage Corporation, including Federal Home Loan Mortgage Corporation participation certificates, or the Federal Home Loan Bank or its distnct banks or obligations guaranteed by the Government National Mortgage Association, (e) Obligations of the Federal National Mortgage Association, including Federal National Mortgage Association participation certificates and mortgage pass -through certificates guaranteed by the Federal National Mortgage Association, (f) Secunties of, or other interests in, any open-end or closed -end management type investment company or investment trust registered under the Investment Company Act of 1940, 15 U S C ss 80a-1 et seq , as amended from time to time, provided the portfolio of such investment company or investment trust is limited to United States Government obligations and to repurchase agreements fully collateralized by such United States Government obligations and provided such investment company or investment trust takes delivery of such collateral either directly or through an authonzed custodian, or (g) Any other investments that at the time are legal investments for municipal funds, are permitted by the duly approved investment policy of the Village and as to which the Bank has not objected in wnting SECTION 10 ADVANCES AND APPLICATION OF BOND PROCEEDS (a) The proceeds of the Bonds shall be disbursed by the Bank by making Advances (as defined below) from time to time in an aggregate pnncipal amount not exceeding $2,800,000, provided that no Advance shall be made after Apnl 30, 2005 (b) The Village may request an Advance by delivenng to the Bank at least one Business Day (as defined below) pnor to the date on which the Advance is requested to be funded a wntten request signed by either the Mayor, the Village Manager or the Finance Director of the Village (each such request, a "Notice of Advance") (i) specifying the Business Day on which the funding of the Advance is requested, (ii) specifying the amount of the Advance requested, (in) stating that to the best of the signer's knowledge, no event of default under the Resolution has occurred and is continuing (which has not been cured or waived) and no event which, with the giving of notice or the passage of time or both would constitute an event of default, has occurred and is continuing { M1250954_2 } 9 (c) Upon receipt of a Notice of Advance, the Bank shall fund the Advance requested prior to 11 00 a m on the later of the succeeding Business Day or the date such Advance is requested to be funded On the date the Advance is to be funded, the Bank shall make available the amount of the Advance requested in immediately available funds (d) A Notice of Advance may be revoked by the Village upon delivery of a written notice delivered to the Bank not later than 9 00 a m on the date the proposed Advance is to be funded (e) For purposes of this Section 10, "Advance" shall mean an advance of the Bond proceeds by the Bank to the Village, and "Business Day" shall mean any date other than a Saturday, Sunday or other day on which the Bank is lawfully closed (f) Sufficient proceeds received from the first Advance on the date of issuance of the Bonds shall be applied to pay costs of issuance of the Bonds and to reimburse the Village's project fund for costs of acquinng the Property All other proceeds received from the first Advance, as well as proceeds received from all subsequent Advances, shall be deposited in the "Village of Key Biscayne Land Acquisition and Capital Improvement Revenue Bonds, Senes 2004 Project Fund" (the "Project Fund"), hereby created, and used only in connection with the Project (g) Pending their use, the proceeds in the Project Fund may be invested in Authorized Investments, maturing not later than the date or dates on which such proceeds will be needed for the purposes of this Bond Resolution Subject to Section 12 hereof, any income received upon such investment shall be deposited in the Project Fund and applied to costs of the Project or, at the option of the Village, deposited in the Bond Fund and used to pay interest on the Bonds until completion of the Project Subject to Section 12 hereof, after the completion of the Project, any remaining balance of proceeds of the Bonds shall be deposited into the Bond Fund and used solely to pay principal of the Bonds (h) The Project Fund shall be kept separate and apart from all other funds of the Village and the moneys on deposit therein shall be withdrawn, used and applied by the Village solely for the purposes set forth herein Pending such application, the Project Fund shall be subject to the lien of the Owners of the Bonds for the payment of the principal of and interest on the Bonds (1) The registered Owners shall have no responsibility for the use of the proceeds of the Bonds, and the use of such Bond proceeds by the Village shall in no way affect the rights of such registered Owners The Village shall be obligated to apply the proceeds of the Bonds solely for financing costs of the Project However, the Village shall be irrevocably obligated to continue to pay the principal of and interest on the Bonds notwithstanding any failure of the Village to use and apply such Bond proceeds in the manner provided herein {M1250954_21 10 SECTION 11 FUNDS Each of the funds and accounts herein established and created shall constitute trust funds for the purposes provided herein for such funds and accounts respectively The money in such funds and accounts shall be continuously secured in the same manner as deposits of Village funds are authonzed to be secured by the laws of the State of Flonda Except as otherwise provided herein, earnings on any investments in any amounts on any of the funds and accounts herein established and created shall be credited to such respective fund or account The designation and establishment of the funds and accounts in and by this Bond Resolution shall not be construed to require the establishment of any completely independent, self -balancing funds, as such term is commonly defined and used in governmental accounting, but rather is intended solely to constitute an earmarking of certain revenues and assets of the Village for the purposes herein provided and to establish certain pnonties for application of such revenues and assets SECTION 12 INVESTMENTS AND USE OF PROCEEDS TO COMPLY WITH INTERNAL REVENUE CODE OF 1986 The Village covenants to the Owners of the Bonds that it will take all actions and do all things necessary and desirable in order to maintain the exclusion from gross income for federal income tax purposes of interest on the Bonds, and shall refrain from taking any actions that would cause interest on the Bonds to be included in gross income for federal income tax purposes In particular, the Village will not make or direct the making of any investment or other use of the proceeds of the Bonds which would cause such Bonds to be "pnvate activity bonds" as that term is defined in Section 141 (or any successor provision thereto) of the Code or "arbitrage bonds" as that term is defined in Section 148 (or any successor provision thereto) of the Code, and all applicable regulations promulgated under the Code, and that it will comply with the applicable requirements of Sections 141 and 148 of the Code and the aforementioned regulations throughout the term of the Bonds SECTION 13 DESIGNATION UNDER SECTION 265(b)(3) OF THE CODE The Village hereby designates the Bonds as qualified tax-exempt obligations under Section 265(b)(3)(B) of the Code, and shall make all necessary filings in order to effectuate such election The Village represents that neither the Village nor any subordinate entities or entities issuing tax-exempt obligations on behalf of the Village within the meaning of Section 265(b)(3) of the Code have issued tax-exempt obligations dunng calendar year 2004 and neither the Village nor any such entities expect to issue tax-exempt obligations dunng calendar year 2004, other than the Bonds and a $400,199 lease - purchase obligation for police vehicles SECTION 14 ARBITRAGE REBATE COVENANTS There is hereby created and established a fund to be held by the Village, designated the "Village of Key Biscayne Land Acquisition and Capital Improvement Revenue Bonds, Senes 2004 Rebate Fund" (the "Rebate Fund") The Rebate Fund shall be held by the Village separate and apart from all other funds and accounts held by the Village under this Resolution and from all other moneys of the Village Notwithstanding anything in this Resolution to the contrary, the Village shall transfer to the {M1250954_2} 11 if any, attached as an Exhibit to the Arbitrage Certificate to be delivered by the Village on the date of delivery of the Bonds (the "Rebate Covenants"), when such amounts are so required to be transferred The Village Manager shall make or cause to be made payments from the Rebate Fund of amounts required to be deposited therein to the United States of Amenca in the amounts and at the times required by the Rebate Covenants The Village covenants for the benefit of the Owners of the Bonds that it will comply with the Rebate Covenants The Rebate Fund, together with all moneys and secunties from time to time held therein and all investment earnings denved therefrom, shall be excluded from the pledge and lien of this Resolution The Village shall not be required to comply with the requirements of this Section 14 in the event that the Village obtains an opinion of nationally recognized bond counsel that (i) such compliance is not required in order to maintain the federal income tax exemption of interest on the Bonds and/or (ii) compliance with some other requirement is necessary to maintain the federal income tax exemption of interest on the Bonds SECTION 15 SPECIAL COVENANTS (a) The Village shall, within one hundred eighty (180) days of the end of each fiscal year of the Village, deliver to the Bondholders a copy of the annual audited financial statements of the Village Within thirty (30) days of its final adoption, the Village shall deliver to the Bondholders a copy of the operating budget for each upcoming fiscal year of the Village (b) (i) The Village hereby covenants that, so long as the Bonds are outstanding, it shall maintain a Debt Service Coverage Ratio (hereinafter defined) equal to 1 25 to 1 (ii) The Village shall be permitted to issue additional Debt secured in the same manner as the Bonds (as specified in Section 7 hereof), so long as on the date of issuance of such additional Debt the Debt Service Coverage Ratio for the current fiscal year of the Village is at least 1 25 to 1 (iii) "Debt Service Coverage Ratio" shall mean the ratio of (a) all Non -Ad Valorem Revenues (as defined in Section 7 hereof) of the Village in the current fiscal year of the Village plus any available cash balance in the General Fund, to (b) the Debt Service coming due on the Bonds and all other Debt of the Village secured in the same manner as the Bonds (as specified in Section 7 hereof), plus, for purposes of the calculation in (ii) above only, the additional Debt (c) The total Debt of the Village, including amounts authonzed but still not drawn down under existing loan agreements and other contractual arrangements with banks and other financial institutions, underwnters, brokers and/or intermediaries, shall not exceed the greater of {M1250954_2} 12 (i) one percent (1%) of the total assessed value of all property within the Village, as certified by the Miami -Dade County Property Appraiser for the current fiscal year, or (ii) that amount which would cause annual Debt Service to equal fifteen percent (15%) of General Fund expenditures for the previous fiscal year (d) As used in this Section 15, the following terms shall have the meaning ascnbed to them in this subsection (i) "Debt" shall mean any obligation of the Village to repay borrowed money however evidenced since the date of its incorporation regardless of tenor or term for which it was onginally contracted or subsequently converted through refinancing or novation, except (A) any obligation required to be repaid in less than a year and which was incurred solely for emergency relief of natural disasters, or (B) that portion of any obligations for operations which are financed and operated in an independent, self-liquidating manner and recovered entirely through currently collected user fees and charges (ii) "Debt Service" shall include, without limitation thereto, scheduled interest payments, repayments of principal and all financial fees ansing from Debt or from the underlying contractual obligations, whether as onginally incurred or subsequently deferred or otherwise renegotiated (iii) "General Fund" shall mean any and all revenues of the Village, from whatever source denved, except those revenues denved from special assessments, user fees and charges and designated as a separate fund to finance goods and services to the public SECTION 16 COVENANTS BINDING ON VILLAGE AND SUCCESSOR All covenants, stipulations, obligations and agreements of the Village contained in this Resolution constitute a contract between the Village and the Owners of the Bonds and shall be deemed to be covenants, stipulations, obligations and agreements of the Village to the full extent authonzed or permitted by law, and all such covenants, stipulations, obligations and agreements shall be binding upon the successor or successors thereof from time to time and upon the officer, board, body or commission to whom or to which any power or duty affecting such covenants, stipulations, obligations and agreements shall be transferred by or in accordance with law Except as otherwise provided in this Resolution, all nghts, powers and pnvileges conferred and duties and liabilities imposed upon the Village or upon the Village Council by the provisions of this Resolution shall be exercised or performed by the Village Council or by such officers, board, body or commission as may be required by law to exercise such powers or to perform such duties {M1250954_21 13 No covenant, stipulation, obligation or agreement herein contained shall be deemed to be a covenant, stipulation, obligation or agreement of any present or future member of the Village Council or officer, agent or employee of the Village in his or her individual capacity, and neither the members of the Village Council nor any officer, agent or employee of the Village executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof SECTION 17 EVENTS OF DEFAULT Each of the following events is hereby declared an "event of default" (a) payment of the pnncipal of or amortization installments of any of the Bonds shall not be made when the same shall become due and payable, or (b) payment of any installment of interest on any of the Bonds shall not be made when the same shall become due and payable, or (c) the Village shall default in the due and punctual performance of any covenant, condition, agreement or provision contained in the Bonds or in this Resolution (except for a default descnbed in subsection (a) or (b) of this Section) on the part of the Village to be performed, and such default shall continue for sixty (60) days after wntten notice specifying such default and requinng same to be remedied shall have been given to the Village by any Owner of any Bond, provided that it shall not constitute an event of default if the default is not one that can be cured within such sixty (60) days, as agreed by the Bondholders and the Village, and the Village commences within such sixty (60) days and, in the sole judgment of the Bondholders, is proceeding diligently with action to correct such default, or (d) any proceeding shall be instituted with or without the consent of the Village under federal bankruptcy laws or other federal or state laws affecting creditors' rights or any proceeding shall otherwise be instituted for the purpose of effecting a composition between the Village and its creditors or for the purpose of adjusting the claims of such creditors pursuant to any federal or state statute now or hereafter enacted and any such proceeding shall not have been dismissed with prejudice within thirty (30) days after the institution of the same SECTION 18 REMEDIES, RIGHTS OF BONDHOLDERS Upon the occurrence and continuance of any event of default specified in Section 17 hereof, the Owners of the Bonds may pursue any available remedy by suit, at law or in equity to enforce the payment of the pnncipal of and interest on the Bonds then outstanding No delay or omission to exercise any nght or power accruing upon any default or event of default shall impair any such nght or power or shall be construed to be waiver of any such default or event of default or acquiescence therein, and every such nght and power may be exercised from time to time and as often as may be deemed expedient No waiver of any event of default hereunder {M1250954_2} 14 shall extend to or shall affect any subsequent event of default or shall impair any rights or remedies consequent thereon The Village agrees, to the extent permitted by law, to indemnify the Bank and its directors, officers, employees and agents from and against any losses, claims, damages, liabilities and expenses (including, without limitation, counsel fees and expenses) which may be incurred in connection with enforcement of the provisions of this Resolution and the Bonds SECTION 19 DEFEASANCE (a) The covenants, liens and pledges entered into, created or imposed pursuant to this Resolution may be fully discharged and satisfied with respect to the Bonds in any one or more of the following ways (i) by paying the principal of, prepayment premium, if any, and interest on the Bonds when the same shall become due and payable, or (ii) by depositing with an escrow agent certain moneys irrevocably pledged to the payment of the Bonds, which together with other moneys lawfully available therefor, if any, shall be sufficient at the time of such deposit with the escrow agent to pay when due the principal, prepayment premium, if any, and interest due and to become due on said Bonds on or pnor to the prepayment date or maturity date thereof, or (iii) by depositing with an escrow agent moneys irrevocably pledged to the payment of the Bonds, which together with other moneys lawfully available therefor, when invested by the escrow agent in direct obligations of the United States of America which shall not be subject to redemption pnor to their maturity other than at the option of the holder thereof, will provide moneys which shall be sufficient (as evidenced by a verification report of an independent certified public accountant or firm of accountants) to pay when due the principal, prepayment premium, if any, and interest due and to become due on said Bonds on or prior to the prepayment date or maturity date thereof Upon such payment or deposit with an escrow agent in the amount and manner provided in this Section 19, the Bonds shall be deemed to be paid and shall no longer be deemed to be Outstanding for the purposes of this Resolution and the covenants of the Village hereunder and all liability of the Village with respect to said Bonds shall cease, terminate and be completely discharged and extinguished and the holders thereof shall be entitled to payment solely out of the moneys or securities so deposited with the escrow agent, provided, however, that (i) if any Bonds are to be redeemed prior to the maturity thereof, notice of the redemption thereof shall have been duly given in accordance with the provisions of Section 2 hereof and (ii) in the event that any Bonds are not by their terms subject to redemption with the next succeeding sixty (60) days following a deposit of moneys with the escrow agent in accordance with this Section, the Village shall have given the escrow agent in form satisfactory to it irrevocable instructions to mail to the Owners of such Bonds {M1250954_2} 15 at their addresses as they appear on the registration books of the Village, a notice stating that a deposit in accordance with this Section has been made with the escrow agent and that the Bonds are deemed to have been paid in accordance with this Section and stating such matunty or redemption date upon which moneys are to be available for the payment of the pnncipal of, premium, if any, and interest on said Bonds (b) Notwithstanding the foregoing, all references to the discharge and satisfaction of Bonds shall include the discharge and satisfaction of any portion of the Bonds (c) If any portion of the moneys deposited with an escrow agent for the payment of the pnncipal of, redemption premium, if any, and interest on any portion of the Bonds is not required for such purpose, the escrow agent shall transfer to the Village the amount of such excess and the Village may use the amount of such excess free and clear of any trust, lien, secunty interest, pledge or assignment secunng said Bonds or otherwise existing under this Resolution (d) Notwithstanding any of the foregoing, the requirements of Section 12 and 14 hereof relating to use and investment of proceeds and rebate amounts due to the United States pursuant to the Rebate Covenants shall survive the payment of pnncipal and interest with respect to the Bonds or any portion thereof SECTION 20 SALE OF BONDS Based upon the uncertainty of the interest rate environment if sale of the Bonds is delayed, the Village hereby determines the necessity for a negotiated sale of the Bonds The Village has been provided all applicable disclosure information required by Section 218 385, Flonda Statutes The negotiated sale of the Bonds is hereby approved to the Bank at a purchase pnce of par SECTION 21 AUTHORITY OF OFFICERS The Mayor, the Vice Mayor, any member of the Council, the Village Manager, the Village Clerk, the Finance Director and any other proper official of the Village, are and each of them is hereby authonzed and directed to execute and deliver any and all documents and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transaction contemplated by this Resolution and the other documents identified herein SECTION 22 SEVERABILITY In case any one or more of the provisions of this Resolution or of any Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Resolution or of the Bonds, but this Resolution and the Bonds shall be construed and enforced as if such illegal or invalid provision had not been contained therein The Bonds are issued and this Resolution is adopted with the intent that the laws of the State shall govern their construction SECTION 23 PAYMENTS DUE ON SATURDAYS. SUNDAYS AND HOLIDAYS In any case where the date of matunty of interest on or pnncipal of the Bonds shall be a Saturday, Sunday or a day on which the banks in the State are required, or authonzed or not prohibited, by law {M1250954_2} 16 (including executive orders) to close and are closed, then payment of such interest or principal need not be made by the Village on such date but may be made on the next succeeding business day on which the banks in the State are open for business SECTION 24 OPEN MEETING FINDINGS It is hereby found and determined that all official acts of the Village Council concerning and relating to the adoption of this Resolution and all pnor resolutions affecting the Village Council's ability to issue the Bonds were taken in an open meeting of the Village Council and that all deliberations of the Village Council or any of its committees that resulted in such official acts were in meetings open to the public, in compliance with all legal requirements, including Section 286 011, Flonda Statutes SECTION 25 REPEALING CLAUSE All resolutions or orders and parts thereof in conflict herewith, to the extent of such conflicts, are hereby superseded and repealed SECTION 26 EFFECTIVE DATE This Resolution shall take effect immediately upon its passage and adoption [Remainder of this page intentionally left blank] {M1250954_21 17 EXHIBIT "A" No R- $ UNITED STATES OF AMERICA STATE OF FLORIDA VILLAGE OF KEY BISCAYNE LAND ACQUISITION AND CAPITAL IMPROVEMENT REVENUE BONDS SERIES 2004 Registered Owner Pnncipal Amount The lesser of (i) $2,800,000 or (ii) the Advances made under the Resolution (as hereinafter defined) KNOW ALL MEN BY THESE PRESENTS, that the Village of Key Biscayne, Flonda (the "Village"), for value received, hereby promises to pay to the Registered Owner shown above, or registered assigns (the "Bank"), from the sources hereinafter mentioned, the Pnncipal Amount specified above or so much thereof as has been advanced and is outstanding Subject to the nghts of pnor prepayment and redemption descnbed in the Bond, the Bond shall mature on November 1, 2022 Payments due hereunder shall be made no later than 2 00 p m on the date due, free and clear of any defenses, set -offs, counterclaims, or withholding or deductions for taxes This Bond is issued under authonty of and in full compliance with the Constitution and laws of the State of Flonda, including particularly Part II of Chapter 166, Flonda Statutes, as amended, the Charter of the Village, Ordinance No 2002-2 duly adopted by the Village Council (the "Council") of the Village on Apnl 23, 2002 ("Ordinance 2002-2"), Ordinance No 2004-8 duly adopted by the Council on August 31, 2004 ("Ordinance 2004-8", and together with Ordinance 2002-2, the "Ordinance"), and Resolution No 2004- adopted on October 12, 2004 (the "Resolution," and collectively with the Ordinance, the "Bond Ordinance"), and is subject to the terms of said Bond Ordinance This Bond is issued for the purpose of reimbursing the project fund for costs of acquinng land located at 530 Crandon Boulevard (the former Citgo Station site) for Village purposes, financing a portion of the costs of site improvements for the Village's civic center, financing architectural, engineenng, environmental, legal and other planning costs related thereto, and paying costs of issuance of the Bonds This Bond shall be payable only from the sources identified herein Subject to adjustment as provided below, this Bond shall bear interest on the outstanding principal balance from its date of issuance payable quarterly on the first day of each February, May, {M1250954_2} A-1 August and November (the "Interest Payment Dates"), commencing February 1, 2005, at an interest rate equal to 3 83% per annum to but not including November 1, 2012 Commencing on November 1, 2012 through the matunty date of the Bonds (the "Second Interest Rate Period"), the interest rate shall be adjusted to a rate equal to (A) the ten-year Federal Reserve interest rate swap rate (the "Index Rate"), plus 110 basis points, divided by (B) 1 5054 (such divisor, however, being subject to adjustment if any of the events specified below, providing for adjustments to interest rates, occurs, so as to provide the Owners of the Bonds the same after-tax yield they would otherwise have had in the absence of such occurrence) (the "New Interest Rate") The "Index Rate" is currently published at the website http //federalreserve gov/releases/h15/update/ Interest on this Bond shall be computed on the basis of a 360 -day year based on twelve 30 - day months Adjustment of Interest Rate For Full Taxability In the event a Determination of Taxability shall have occurred dunng the Initial Interest Rate Penod, the rate of interest on the Bonds shall be increased to a rate per annum equal to 5 8982%, and in the event a Determination of Taxability shall have occurred during the Second Interest Rate Penod, the rate of interest on the Bonds shall be increased to a rate per annum equal to the New Interest Rate times 1 54 (the "Taxable Rate"), effective retroactively to the date on which the interest payable on the Bonds is includable for federal income tax purposes in the gross income of the Owners thereof In addition, the Owners of the Bonds or any former Owners of the Bonds, as appropnate, shall be paid an amount equal to any additions to tax, interest and penalties, and any arrears in interest that are required to be paid to the United States by the Owners or former Owners of the Bonds as a result of such Determination of Taxability All such additional interest, additions to tax, penalties and interest shall be paid by the Village on the next succeeding Interest Payment Date following the Determination of Taxability A "Determination of Taxability" shall mean (i) the issuance by the Internal Revenue Service of a statutory notice of deficiency or other written notification which holds in effect that the interest payable on the Bonds is includable for federal income tax purposes in the gross income of the Owners thereof, which notice or notification is not contested with the Internal Revenue Service by either the Village or any Owners of the Bonds, or (ii) a determination by a court of competent jurisdiction that the interest payable on the Bonds is includable for federal income tax purposes in the gross income of the Owners thereof, which determination either is final and non -appealable or is not appealed within the requisite time period for appeal, or (iii) the admission in wnting by the Village to the effect that interest on Bonds is includable for federal income tax purposes in the gross income of the Owners thereof, or (iv) receipt by the Village of an opinion of bond counsel to the Village to the effect that interest on the Bonds is includable for federal income tax purpose in the gross income of the Owners thereof Adjustment of Interest Rate for Partial Taxability In the event that interest on the Bonds dunng any penod becomes partially taxable as a result of a Determination of Taxability applicable to less than all of the Bonds, then the interest rate on the Bonds shall be increased during such penod by an amount equal to (A -B) x C where {M1250954_21 A-2 (a) A equals the Taxable Rate (expressed as a percentage), (b) B equals the interest rate on the Bonds (expressed as a percentage), and (c) C equals the portion of the Bonds the interest on which has become taxable as the result of such tax change (expressed as a decimal) In addition, the Owners of the Bonds or any former Owners of the Bonds, as appropnate, shall be paid an amount equal to any additions to tax, interest and penalties, and any arrears in interest that are required to be paid to the United States by the Owners or former Owners of the Bonds as a result of such Determination of Taxability All such additional interest, additions to tax, penalties and interest shall be paid by the Village on the next succeeding Interest Payment Date following the Determination of Taxability Adjustment of Interest Rate for Change in Maximum Corporate Tax Rate In the event that the maximum effective federal corporate tax rate (the "Maximum Corporate Tax Rate") dunng any penod with respect to which interest shall be accruing on the Bonds on a tax-exempt basis, shall be other than thirty-five percent (35%), the interest rate on the Bonds that are beanng interest on a tax- exempt basis shall be adjusted to the product obtained by multiplying the interest rate then in effect on the Bonds by a fraction equal to (1-A divided by 1-B), where A equals the Maximum Corporate Tax Rate in effect as of the date of adjustment and B equals the Maximum Corporate Tax Rate in effect immediately pnor to the date of adjustment Adjustment of Interest Rate for Other Changes Affecting After -Tax Yield So long as any portion of the principal amount of the Bonds or interest thereon remains unpaid (a) if any law, rule, regulation or executive order is enacted or promulgated by any public body or governmental agency which changes the basis of taxation of interest on the Bonds or causes a reduction in yield on the Bonds (other than by reason of a change described above) to the Owners or any former Owners of the Bonds, including without limitation the imposition of any excise tax or surcharge thereon, or (b) if, as a result of action by any pubic body or governmental agency, any payment is required to be made by, or any federal, state or local income tax deduction is denied to, the Owners or any former Owners of the Bonds (other than by reason of a change descnbed above or by reason of any action or failure to act on the part of any Owner or any former Owner of the Bonds) by reason of the ownership of the Bonds, the Village shall reimburse any such Owner within five (5) days after receipt by the Village of wntten demand for such payment, and the Village agrees to indemnify each such Owner against any loss, cost, charge or expense with respect to any such change The determination of the after-tax yield calculation shall be venfied by a firm of certified public accountants regularly employed by the Bank (or the current Owner of the Bonds) and acceptable to the Village, and such calculation, in the absence of manifest error, shall be binding on the Village and the Owners {M1250954_2} A-3 The pnncipal of this Bond shall be subject to mandatory prepayment in quarterly installments on each Interest Payment Date, commencing August 1, 2005 (each a "Scheduled Due Date") The schedule of pnncipal and interest payments due on each Scheduled Due Date shall be determined on April 30, 2005, after the last Advance (as defined in Section 10(e) of the Resolution) has been made in accordance with Section 10(a) of the Resolution The schedule shall be determined based on a seventeen and one-half (17 5) year amortization schedule of substantially level payment of pnncipal and interest, with payments of pnncipal and interest sufficient to fully amortize so much of the principal amount of the Bonds as has been Advanced hereunder, with the final payment due and payable on November 1, 2022 In the event that there is more than one Owner of the Bonds, (i) the Village shall determine the amount of each Bond to be redeemed, and (ii) the Village shall give notice to each Owner of the Bonds at least three (3) days prior to the date of mandatory redemption of the amount of each Bond to be redeemed The principal of and interest on this Bond are payable in lawful money of the United States of America by wire transfer or by certified check delivered on or pnor to the date due to the registered Owner or his legal representative at the address of the Owner as it appears on the registration books of the Village This Bond is subject to optional prepayment, upon thirty (30) days written notice to the Owners of the Bonds, in whole or in part at any time at par, plus accrued interest to the date of prepayment The Village has covenanted and agreed in the Bond Ordinance to appropriate in its annual budget, by amendment, if necessary, from Non -Ad Valorem Revenues (as defined below) lawfully available in each fiscal year, amounts sufficient to pay the principal and interest due on the Bonds in accordance with their terms dunng such fiscal year "Non -Ad Valorem Revenues" means all revenues of the Village derived from any source other than ad valorem taxation on real or personal property which are legally available to make the payments required under the Bond Ordinance, other than (i) Public Service Taxes authorized by Part III, Chapter 166, Flonda Statutes, and received by the Village pursuant to Section 25-50 et seq of the Village Code and (ii) Stormwater Utility Fees as defined by Section 403 0893(3), Flonda Statutes, and imposed pursuant to Ordinance No 93-11 adopted by the Village Council on June 22, 1993 (as amended by Ordinance No 93-11-A), but only after provision has been made by the Village for the payment of all essential or legally mandated services not otherwise provided for by ad valorem taxes Such covenant and agreement on the part of the Village to budget and appropriate such amounts of Non -Ad Valorem Revenues shall be cumulative to the extent not paid, and shall continue until such Non -Ad Valorem Revenues or other legally available funds in amounts sufficient to make all such required payments shall have been budgeted, appropnated and actually paid Notwithstanding the foregoing covenant of the Village, the Village does not covenant to maintain any services or programs, now provided or maintained by the Village, which generate Non -Ad Valorem Revenues Such covenant to budget and appropriate does not create any lien upon or pledge of such Non -Ad Valorem Revenues, nor does it preclude the {M1250954_21 A-4 Village from pledging in the future its Non -Ad Valorem Revenues, nor does it require the Village to levy and collect any particular Non -Ad Valorem Revenues, nor does it give the Bondholders a pnor claim on the Non -Ad Valorem Revenues as opposed to claims of general creditors of the Village Such covenant to appropnate Non -Ad Valorem Revenues is subject in all respects to the payment of obligations secured by a pledge of such Non -Ad Valorem Revenues heretofore or hereinafter entered into (including the payment of debt service on bonds and other debt instruments) However, the covenant to budget and appropriate in its general annual budget for the purposes and in the manner stated in the Bond Ordinance shall have the effect of making available in the manner descnbed herein Non -Ad Valorem Revenues and placing on the Village a positive duty to appropnate and budget, by amendment, if necessary, amounts sufficient to meet its obligations under the Bond Ordinance, subject, however, in all respects to the terms of the Bond Ordinance and the restrictions of Section 166 241(3), Flonda Statutes, which provides, in part, that the governing body of each municipality make appropriations for each fiscal year which, in any one year, shall not exceed the amount to be received from taxation or other revenue sources, and subject, further, to the payment of services and programs which are for essential public purposes affecting the health, welfare and safety of the inhabitants of the Village or which are legally mandated by applicable law THIS BOND SHALL NOT BE DEEMED TO CONSTITUTE AN INDEBTEDNESS OF THE VILLAGE OR A PLEDGE OF THE FAITH AND CREDIT OF THE VILLAGE, BUT SHALL BE PAYABLE EXCLUSIVELY FROM LEGALLY AVAILABLE NON -AD VALOREM REVENUES OF THE VILLAGE THE ISSUANCE OF THIS BOND SHALL NOT DIRECTLY OR INDIRECTLY OR CONTINGENTLY OBLIGATE THE VILLAGE TO LEVY OR TO PLEDGE ANY FORM OF TAXATION WHATEVER THEREFOR NOR SHALL THIS BOND CONSTITUTE A CHARGE, LIEN, OR ENCUMBRANCE, LEGAL OR EQUITABLE, UPON ANY PROPERTY OF THE VILLAGE, AND THE HOLDER OF THIS BOND SHALL HAVE NO RECOURSE TO THE POWER OF TAXATION The onginal registered Owner, and each successive registered Owner of this Bond shall be conclusively deemed to have agreed and consented to the following terms and conditions 1 The Village shall keep books for the registration of Bonds and for the registration of transfers of Bonds as provided in the Resolution Bonds may be transferred or exchanged upon the registration books kept by the Village, upon delivery to the Village, together with wntten instructions as to the details of the transfer or exchange, of such Bonds in form satisfactory to the Village and with guaranty of signatures satisfactory to the Village, along with the social security number or federal employer identification number of any transferee and, if the transferee is a trust, the name and social secunty or federal tax identification numbers of the settlor and beneficianes of the trust, the date of the trust and the name of the trustee The Bonds may be exchanged for Bonds of the same principal amount and matunty and denominations in integral multiples of $250,000 (except that an odd lot is permitted to complete the outstanding principal balance) No transfer or exchange of any Bond shall be effective until entered on the registration books maintained by the Village {M1250954_2} A-5 2 The Village may deem and treat the person in whose name any Bond shall be registered upon the books of the Village as the absolute Owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the pnncipal of and interest on such Bond as they become due, and for all other purposes All such payments so made to any such Owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid 3 In all cases in which the privilege of exchanging Bonds or transfemng Bonds is exercised, the Village shall execute and deliver Bonds in accordance with the provisions of the Resolution There shall be no charge for any such exchange or transfer of Bonds, but the Village may require payment of a sum sufficient to pay any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer The Village shall not be required to transfer or exchange Bonds for a penod of fifteen (15) days next preceding an interest payment date on such Bonds 4 All Bonds, the pnncipal and interest of which has been paid, either at or pnor to matunty, shall be delivered to the Village when such payment is made, and shall thereupon be cancelled In case part, but not all of an outstanding Bond shall be prepaid, such Bond shall not be surrendered in exchange for a new Bond It is hereby certified and recited that all acts, conditions and things required to happen, to exist and to be performed precedent to and for the issuance of this Bond have happened, do exist and have been performed in due time, form and manner as required by the Constitution and the laws of the State of Flonda applicable thereto IN WITNESS WHEREOF, the Village of Key Biscayne, Flonda has caused this Bond to be executed by the manual or facsimile signature of its Mayor and of its Village Clerk, and the Seal of the Village of Key Biscayne, Flonda or a facsimile thereof to be affixed hereto or imprinted or reproduced hereon, all as of the day of , 2004 VILLAGE OF KEY BISCAYNE, FLORIDA Mayor Village Clerk (SEAL) {M1250954_2) A-6 ASSIGNMENT FOR VALUE RECEIVED, the undersigned (the "Transferor"), hereby sells, assigns and transfers unto (Please insert name and Social Secunty or Federal Employer identification number of assignee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints (the "Transferee") as attorney to register the transfer of the within Bond on the books kept for registration thereof, with full power of substitution in the premises Date Social Secunty Number of Assignee Signature Guaranteed NOTICE Signature(s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or a trust company NOTICE No transfer will be registered and no new Bond will be issued in the name of the Transferee, unless the signature(s) to this assignment corresponds with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever and the Social Secunty or Federal Employer Identification Number of the Transferee is supplied The following abbreviations, when used in the inscnption on the face of the within Bond, shall be construed as though they were written out in full according to applicable laws or regulations TEN COM - as tenants in common UNIF GIF MIN ACT - (Cust ) Custodian for (Minor) TEN ENT - as tenants by the entirety JT TEN - as joint tenants with nght of survivorship and not as tenants in common under Uniform Gifts to Minors Act of (State) Additional abbreviations may also be used though not in the list above {M1250954_2} A-7 PASSED AND ADOPTED this 12th day of October, 2004 44), CeltAA/11.. . MAYOR ROBERT OLDAKOWSKI CONCHITA H ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFICI VILLAGE TTORN {M1250954_2} 18 RESOLUTION NO 2004-43 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR PURPOSE OF SOLICITING BIDS FROM SOLID WASTE HAULERS, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village's existing contract with a solid waste hauler will expire in December, 2004, and WHEREAS, the bid and negotiation process requires a substantial amount of time 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 directed to issue a Request for Proposals for purposes of soliciting bids from solid waste haulers Section 2 That the Village Manager shall review the bids and recommend a company to the Village Council who shall make the final selection Section 3 Effective Date This resolution shall be effective immediately upon adoption PASSED AND ADOPTED this 12th day of October , 2004 4.0141A4 14 (,-, MAYOR ROBERT OLDAKOWSKI AT 1/41./eV CHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY c) -4, Pfrvv. kf '2,--N- VILLAGE ATTORNEY RESOLUTION NO 2004-44 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING PURCHASE OF THEATER EQUIPMENT FOR THE VILLAGE OF KEY BISCAYNE COMMUNITY CENTER, WAIVING COMPETITIVE BIDDING FOR PURCHASE OF THEATER EQUIPMENT PURSUANT TO VILLAGE CODE SECTION 2- 85, AUTHORIZING VILLAGE MANAGER TO COMPLETE THE PURCHASE OF THEATER EQUIPMENT ITEMS, PROVIDING FOR A FUND TRANSFER CONCERNING THE 2003-2004 FISCAL YEAR BUDGET TO ACCOMPLISH THE PURCHASE AUTHORIZED HEREIN, BY PROVIDING FOR TRANSFER OF $180,000 00 FROM THE ADMINISTRATION AND FINANCE DEPARTMENT CONTINGENCY ITEM OF THE GENERAL FUND TO THE FURNITURE, FIXTURE AND EQUIPMENT ITEM OF THE CAPITAL PROJECTS FUND FOR PURCHASE OF THEATER EQUIPMENT FOR THE COMMUNITY CENTER, PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Section 3 07(b) of the Village Charter, the Village Council desires to authorize expenditure of Village funds for the purchase of theater equipment for the Village of Key Biscayne Community Center, and WHEREAS, the Village Council finds, upon advice from the Village Attorney, that competitive bidding procedures for the purchase of the theater equipment may be waived by the Council pursuant to Village Code Section 2-85 upon the Council hereby finding that it is impractical to apply such competitive bidding procedures for the theater equipment items in light of the need to expeditiously acquire and install the necessary theater equipment items for the soon to be completed Community Center project, and WHEREAS, the Village Council finds that it is necessary to transfer funds within the 2003- 2004 fiscal year budget from the Administration and Finance Department -Contingency Item of the General Fund to the Furniture, Fixture and Equipment item of the Capital Projects Fund, so as to accomplish the purchase transaction descnbed herein, and WHEREAS, the Village Council finds that it is in the best interest of the Village to proceed as indicated in this Resolution NOW, THEREFORE, BE IT 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 Purchase Authorized, Specification of Funds That the acquisition of the theater equipment for the Community Center is hereby approved and authonzed, subject to the restriction that the total cost of the theater equipment items authonzed herein shall not exceed $180,000 00 The funding source shall be that which is described in Section 4 hereof in accordance with the Village Manager's Memorandum which accompanies this Resolution Section 3 Competitive Bidding Waived That pursuant to Village Code Section 2- 85, competitive bidding procedures of the Village Code are hereby waived for the above-descnbed equipment purchase and installation Section 4 Fund Transfer That funds are hereby transferred from the Administration and Finance Department -Contingency Item of the General Fund of the 2003-2004 fiscal year Village Budget to the Furniture, Fixture and Equipment Item of the Capital Projects Fund of said Budget in order to accomplish the purposes descnbed herein This transfer shall be retroactive to September 30, 2004 Section 5 Implementation That the Village Manager is hereby authonzed to take any and all action necessary to implement the purposes of this Resolution and is authorized to sign 2 any necessary purchase agreements, subject to the approval of the Village Attorney as to form and legal sufficiency Section 6 Effective Date That this Resolution shall be effective immediately upon adoption hereof and shall be applied as provided herein PASSED AND ADOPTED this 12th day of October , 2004 7l'2C L G ? L--) MAYOR ROBERT OLDAKOWSKI AT NCHITA H ALVAREZ, CMC, VILLAGE CLERK fiv { APPROVED AS TO FORM AND LEGAL SUFFICIENCY P-T/t1-1-k\ VILLAGE ATTORNEY it F \100\I03001\Resolutions\Authonz►ng purchase of theater equipment for community center 9 30 04 3 RESOLUTION NO 2004-45 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING INITIAL ANNUAL MEMBERSHIP FEES FOR THE USE OF THE VILLAGE OF KEY BISCAYNE COMMUNITY CENTER, SUPPLEMENTING RESOLUTION NO 2004-12 CONCERNING SCHEDULE OF FEES FOR USE OF THE VILLAGE'S COMMUNITY CENTER WHEREAS, pursuant to Resolution 2004-12, the Village Council adopted the fees for the use of the Community Center, and WHEREAS, by report presented to the Village Council on June 22, 2004 the Community Center Advisory Board (the "Board") recommended, as an incentive to enhance membership in the Community Center, that for the first year of annual membership those persons who pay for an annual membership before October 1, 2004 should receive an initial membership of fifteen (15) months duration, rather than twelve (12) months duration, and WHEREAS, the Village Council finds that the recommendation of the Board 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 Initial Year of Annual Membership. That those persons purchasing an annual membership for use of the Community Center by making full payment of the annual membership fee on or before October 1, 2004, shall receive an initial annual membership of a duration of fifteen (15) months, rather than twelve (12) months, as an incentive to the purchase of annual memberships pnor to the opening of the Community Center Section 3 Supplementation, Effective Date That this Resolution shall serve to supplement Resolution No 2004-12, and shall be effective to all annual memberships purchased on or before October 1, 2004 Section 4. Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 12th day of October, 2004 )14Ai6' 4/69 cdAAti (______.- MAYOR ROBERT OLDAKOWSKI HITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENC O"'-'71 PVP1 VILLAGE ATTORNEY 103 001/Resolutions/Providing for fees for membership to Community Center 10 5 04 2 RESOLUTION NO 2004-46 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING PURCHASE OF ONE (1) PLAY STATION AS A FURNITURE, FIXTURE AND EQUIPMENT (THE FF&E") ITEM FOR THE VILLAGE OF KEY BISCAYNE COMMUNITY CENTER, WAIVING COMPETITIVE BIDDING FOR PURCHASE OF PLAY STATION ITEM PURSUANT TO VILLAGE CODE SECTION 2-85, AUTHORIZING VILLAGE MANAGER TO COMPLETE PURCHASE OF PLAY STATION ITEM, PROVIDING FOR EFFECTIVE DATE WHEREAS, pursuant to Section 3 07(b) of the Village Charter, the Village Council desires to authonze the expenditure of Village funds for the purchase of a Play Station furniture, fixture and equipment (the "FF&E") item for the Village of Key Biscayne Community Center, and WHEREAS, the Village Council finds, upon advice from the Village Attorney, that competitive bidding procedures for the purchase of the Play Station item may be waived by the Council pursuant to Village Code Section 2-85 upon the Council hereby finding that it is impractical to apply such competitive bidding procedures for the Play Station item in light of the need to expeditiously acquire and install the necessary Play Station for the soon to be completed Community Center project, and WHEREAS, the Village Council finds that it is in the best interest of the Village to proceed as indicated in this Resolution 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. Purchase Authorized, Specification of Funds. That the acquisition of the Play Station item for the Community Center is hereby approved and authonzed, subject to the restnction that the total cost of the Play Station item authonzed herein shall not exceed $100,000 00 The funding source shall be that which is indicated in the Village Manager's memorandum which accompanies this Resolution Section 3 Competitive Bidding Waived. That pursuant to Village Code Section 2-85, competitive bidding procedures of the Village Code are hereby waived for the above descnbed Play Station item purchase and installation Section 4. Implementation That the Village Manager is hereby authonzed to take any and all action necessary to implement the purposes of this Resolution, and is authonzed to sign any necessary purchase agreements, subject to the approval of the Village Attorney as to form and legal sufficiency Section 5 Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 12th day of October, 2004 /t/o(ezvttt b --- MAYOR ROBERT OLDAKOWSKI ae, NCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY ii ---0/-1/1 VILLAGE ATTORNEY F \100\103001\Resolutions\capital project authorizing purchase of play station 10 5 04 2 VILLAGE OF KEY BISCAYNE Village Council Robert Oldakowski Mayor Jorge E Mendia Vice Mayor Martha Fdez Leon Broucek Carol Diaz -Castro Mortimer Fried James L Peters Robert L Vernon Village Manager Jacqueline R Menendez RECOMMENDATION Office of the Village Manager DT TO FR RE ' Community Center Play Station October 4 2004 Ho - . • le Ma bers of the Village Council illage Manager It is recommended that the Village Council approve the purchase of a structured play station at the Key Biscayne Community Center BACKGROUND The Furniture Fixture and Equipment Budget Line Item for the Community Center project originally identified a structured play station budget of $20 000 Upon further consideration by the recreational consultant Ballard & King and the Community Center Advisory Board an enhanced play station designed and constructed by PlaySmart Inc was recommended at a total cost of $100 000 pending the identification of a funding source The project is nearing completion and two specific line item budgets for Environmental Consultant and Testing/Threshold Inspector have balances which will not be spent totaling $110 000 Therefore it will be appropriate to allocate the remaining budget balanced from the aforementioned line items to the FF&E Budget to fund the play station design and installation Further it is anticipated that the enhanced play station will be a significant revenue source for the Community Center 88 West McIntyre Street • Key Biscayne, Florida 33149 • (305) 365 5514 • Fax (305) 365 8936 MISSION STATEMENT TO PROVIDE A SAFE QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT RESOLUTION NO 2004-47 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING LICENSE AGREEMENT FOR THE USE OF CHANNEL 17 FOR EDUCATIONAL PROGRAMMING PURPOSES BETWEEN THE VILLAGE OF KEY BISCAYNE AND KEY BISCAYNE COMMUNITY TELEVISION, INC , AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE VILLAGE, AUTHORIZING IMPLEMENTATION, PROVIDING AN EFFECTIVE DATE WHEREAS, on November 14, 2001, the Village of Key Biscayne (the `Village") entered into a Cable Television License Agreement with Adelphia Cable Communications (the "Cable License Agreement"), and WHEREAS, pursuant to the terms of the Cable License Agreement, the Village was granted the use of certain cable channels for public, educational and governmental use, and WHEREAS on January 13, 2004, the Village passed Resolution No 2004-3 adopting policies for public, educational and governmental access television (the "Policies") and set aside and reserved cable channel 17 ("Channel 17") for future educational programming only, and WHEREAS, Section 2 2 of the Policies authonzes the Village Council to enter into an agreement or arrangement with a not -for-profit community television entity or governmental agency for the purpose of providing educational programming, and WHEREAS, Key Biscayne Community Television, Inc , a not -for-profit Flonda corporation (the "Licensee"), desires to enter into a license agreement with the Village (the "Agreement") for the use of Channel 17 for educational programming purposes only, and WHEREAS, the Village Council has determined that licensing the use of Channel 17 to Licensee for educational programming purposes only, in accordance with the terms and requirements set forth in the Agreement, is consistent with Section 2 2 of the Policies and 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 That the Agreement, in substantially the form attached hereto, is hereby approved and the Village Manager is authonzed to execute the Agreement on behalf of the Village Section 2 That the Village Manager is further authonzed to execute all documents necessary to implement the Agreement on behalf of the Village Section 3 That the Village Manager and Village Attorney are authonzed to take any and all action necessary to implement the Agreement Section 4 Effective Date This Resolution shall be effective immediately upon adoption PASSED AND ADOPTED this 12th day of October , 2004 41,9 c1,11-444 LL MAYOR ROBERT OLDAKOWSKI CHITA H ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFICI VILLAG ATTO F \100\ 103001Utesolutions\Approving License Agreement with KB Community Television doc 2 RESOLUTION NO 2004-48 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING THE ACQUISITION OF POLICE VEHICLES FOR THE VILLAGE POLICE DEPARTMENT, AUTHORIZING AND PROVIDING FOR THE VILLAGE TO PURCHASE POLICE EQUIPMENT, TO - WIT SEVENTEEN (17) POLICE VEHICLES, AUTHORIZING EXPENDITURE OF FUNDS, AUTHORIZING AND APPROVING MASTER LEASE AGREEMENT AND RELATED DOCUMENTS, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village Council as the governing body of the Village of Key Biscayne (the "Village"), desires to obtain certain police equipment (the "Equipment") for the Village Police Department as described in Equipment Schedule No 01 to the Master Lease Agreement (collectively, the "Lease") with Ford Motor Credit Company ("Ford"), the form of which Lease has been available for review by the Village Council pnor to this meeting, and WHEREAS, the Equipment is essential for the Village to perform its governmental functions, and WHEREAS, the Village has taken the necessary steps, including those relating to any applicable legal bidding requirements, to arrange for the acquisition of the Equipment and finds the purchase of Equipment to be exempt from competitive bidding pursuant to Village Code Section 2- 86 as being derived from another government entity's bid process, and WHEREAS, the Village proposes to enter into the Lease with Ford, substantially in the form presented at this meeting, and WHEREAS, the Village Council hereby finds and determines that the terms of the Lease and related instruments (collectively, the "Purchase Documents") in substantially the form presented at this meeting and incorporated in this Resolution are in the best interests of the Village for the acquisition of the Equipment 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 Capital Project Authorizing Resolution. That pursuant to Village Charter Section 3 07(b), this Resolution shall constitute a Capital Project Authonzing Resolution The Capital Project is the purchase of police equipment, to -wit Seventeen (17) new vehicles (the "Equipment") for the Village of Key Biscayne Police Department, at a projected cost of Four Hundred Thousand One Hundred Ninety -Nine ($400,199 00) Dollars, plus fixed annual financing costs of 3 85% for the four (4) year (48 months) term of the lease — purchase transaction, as payable in four (4) annual installment payments Section 3 Equipment Purchase Authorized A That the purchase of the Equipment is hereby authonzed The Equipment is further descnbed in the Master Lease Agreement and Equipment Schedule No 01 (collectively the "Lease") between the Village and Ford, a copy of which is set forth in Exhibit "A," attached hereto and incorporated herein The Equipment shall be utilized by the Village Police Department to provide law enforcement services for the Village B That the Village Council hereby approves the Lease, and authonzes the Village Manager to execute the Lease, once approved by the Village Attorney for legal sufficiency, for the acquisition of the Equipment for a cost which is consistent with this Resolution and the Lease 2 C That the Village Manager is authorized to take all action necessary to implement this Resolution and the Lease, and is authonzed to expend Village funds for the purchase of the Equipment pursuant to the Lease and in accordance with Village budget appropnations D That the Purchase Documents and the acquisition and financing of the Equipment under the terms and conditions as described in the Purchase Documents are hereby approved The Village Manager and any other officer of the Village who shall have power to execute contracts on behalf of the Village be, and each of them hereby is authorized to execute, acknowledge and deliver the Purchase Documents with any changes, insertions and omissions therein as may be approved by the Village Attorney such approval to be conclusively evidenced by such execution and delivery of the Purchase Documents The Village Clerk of the Village is authorized to affix the official seal of the Village to the Purchase Documents and attest the same E That the proper officers of the Village, be and each of them hereby is, authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other documents and to do or cause to be done any and all other acts and things necessary or proper for carrying out this Resolution and the Purchase Documents F That pursuant to Section 265(b) of the Internal Revenue Code of 1986, as amended (the "Code"), Village hereby specifically designates the Lease as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Code Section 4 Effective Date That this Resolution shall be effective immediately upon adoption hereof 3 PASSED AND ADOPTED this 9th day of November, 2004 1 /(0 cte-f-(,Lw MAYOR ROBERT OLDAKOWSKI CONCHITA H ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFIC VILLAGE TTO EY F \100\103001\Resolutions\capital project acquisition of police vehicles 10 5 04 4 RESOLUTION NO 2004-49 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH CESAR TRASOBARES FOR CONSULTANT SERVICES, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village of Key Biscayne ( the "Village") desires to employ the services of Cesar Trasobares (the "Consultant) for the purpose of performing certain professional services for the Village's Art in Public Places Program as specifically described in Exhibit "A" to the attached agreement 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 authonzed to execute the attached agreement, on behalf of the Village, with Cesar Trasobares for professional services related to the Village's Art in Public Places Program Section 2 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 9th day of November , 2004 4/0 Cte--€.(1t,— MAYOR ROBERT OLDAKOWSKI CHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO F • RM AND LEGAL SUFFICIE VILLAGE " TTO VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 1st day of October, 2004, by and between the VILLAGE OF KEY BISCAYNE (the "VILLAGE") and CESAR TRASOBARES, (the "CONSULTANT") RECITALS The VILLAGE wants to engage the CONSULTANT to perform certain professional services for the VILLAGE's Art In Public Places Program as specifically described in Exhibit "A" to this Agreement ("Specified Services"), including both the General Services and Detailed Services described therein 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 CONSULTANT shall provide the Specified Services as an independent contractor for the VILLAGE B The CONSULTANT recognizes that, unless expressly provided by the Village Council, only the Village Manager is authorized to commit the expenditure of Village funds for the implementation of CONSULTANT's recommendations 2 FEES FOR SERVICES The CONSULTANT agrees to charge the VILLAGE for the Specified Services which are provided by CONSULTANT, in accordance with the fee schedule of $1,250 00 per month, for a total fee of Fifteen Thousand ($15,000 00) Dollars, plus reasonable and necessary costs (not to exceed a total of $500 00) as approved by the Village Manager 3 TERM The duration of the term of this Agreement shall commence on October 1, 2004 and shall end on September 30, 2005, unless extended by the Village Manager or earlier terminated pursuant to paragraph 7 4 RECORDS The Public Art Master Plan and all original sketches, tracings, drawings, computations, details, reports, 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 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 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 7 TERMINATION This Agreement may be terminated by the VILLAGE upon twenty days written notice with or without cause and by the CONSULTANT upon 30 days written notice with or without cause If this Agreement is terminated, the CONSULTANT shall be paid in accordance with the provisions of Exhibit "A" and Paragraph 2 above, 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 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 9 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 10 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 11 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 Menendez Village Manager Village of Key Biscayne 88 West McIntyre Street Key Biscayne, FL 33149 David M Wolpin, Esq Village Attorney Weiss Serota Helfman Pastoriza Guedes Cole & Boniske, P A 2665 South Bayshore Drive, Suite 420 Miami, Florida 33133 Cesar Trasobares c 1 4-(-0-7 i7 �c--, ,c i reD- i IC 44,_-, /oft -1 -c-r- -#t 7' 7 h'lIII i I I IN(i 1(_i 12 GOVERNING LAW This Agreement shall be construed in accordance with the laws of the State of Florida 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 CESAR TRASOBARES By / — 1 ' ( c, ' /---,7c , //(7[ 11 Cesar Trasobares t VILLAGE VILLAGE OF KEY BISCAYNE 88 West McIntyre Street Key Bi ne, FL 3 By Jac me Menen Village Manager Attes Approved as to Form and Legal Sufficiency 6 EXHIBIT "A" A GENERAL SERVICES 1 Assist the Village in the management of the art program, articulation of program policies and procedures, encouraging educational programs, strategizing public information efforts and advising on long term maintenance of the collection 2 Assist the Village in the development, construction, and installation of the Community Center artwork 3 Attend all Art in Public Places Board meetings and applicable Village Council Meetings and provide technical and administrative support a providing educational activities for Board members to clarify and express the civic and cultural aspects of the Art in Public Places philosophy and its roles in the community, including links with other cultural initiatives b serving as a resource and liaison with artists developing, fabricating, and installing other artworks in the Village's collection and other informational materials c producing texts about artworks in the Village's collection and other informational materials 4 Provide support to new programs and other artwork commissions initiated by the Village 5 Guide the Village in implementing the procedures for proposed artwork gifts and art on loan to the Village B DETAILED SERVICES The Consultant shall provide the following detailed services with completion dates as established by the Art in Public Places Board 1 complete the Art in Public Places Master Plan This task includes all work required to obtain approval of the Master Plan by the Village Council 2 complete all work associated with the approval of the artwork for the Community Center including but not limited to the installation and acceptance by the Village Council 3 initiate and complete all work associated with the approval of the artwork for the Village Hall and Fire Station including but not limited to the installation and acceptance by the Village Council 4 create and execute the implementation of the loan program with one (1) exhibition 5 provide technical assistance in the implementation of artwork in the plazas that will result from the improvements as set forth in the Crandon Boulevard Master Plan 6 create and execute three (3) artistic/educational activities F /103 001/Agreements/New Agreement for professional services with Carlos Trasobares 10 27 04 RESOLUTION NO 2004-50 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING THE VILLAGE OF KEY BISCAYNE CIVIC CENTER PROJECT AND THE RELATED COMPONENT OF CRANDON BOULEVARD STREETSCAPE, AUTHORIZING CONSTRUCTION EXPENSE ITEMS DESCRIBED HEREIN, AUTHORIZING AMENDMENT NO 19 TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER CONCERNING MATTERS DESCRIBED THEREIN, PROVIDING FOR EFFECTIVE DATE WHEREAS, pursuant to Section 3 07(b) of the Village Charter, the Village Council desires to authonze the expenditure of Village funds for additional construction items for the Village's Civic Center Project (the "Project") and for the related components of the Crandon Boulevard Streetscape as descnbed in the Village Manager's Memorandum, marked as Exhibit "A" and attached hereto, and WHEREAS, it is necessary to amend the Agreement between the Village and Construction Manager to implement expenditures for the work authonzed herein, and WHEREAS, the Village Council finds that it is in the best interest of the Village to proceed as indicated in this resolution NOW, THEREFORE, BE IT 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 Work Authorized, Specification Of Funds A That the construction activities for the matters descnbed in Amendment No 19 and in Exhibit "A", attached hereto, are each hereby approved and authonzed B That the fund amount and source for the work items are hereby authonzed and approved as descnbed in Exhibit "A " Section 3 Amendment To Agreement Approved That Amendment No 19 to the Agreement between Village and Construction Manager, in substantially the form attached hereto, is hereby approved and the Village Manager and Village Clerk are hereby authonzed, in their respective capacities, to execute the Amendment to Agreement on behalf of the Village, once approved as to legal form and sufficiency by the Village Attorney Section 4 Implementation That the Village Manager is hereby authonzed to take any and all action necessary to implement the purposes of this resolution and the Amendment to Agreement Section 5 Effective Date. That this resolution shall become effective upon its adoption PASSED AND ADOPTED this 23rd day of November, 2004 /1,0 C(tt,f, MAYOR ROBERT OLDAKOWSKI AT CHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIEN VILLAGE ATTORNEY F \103001\Resolutions\authonzing construction expense item No 19 11 3 04 C\ 1011111t4 TOW 2 i 4 "Exhibit A" VILLAGE OF KEY BISCAYNE Village Council Robert oldakowski Mayor Jorge E Mendia Vice Mayor Martha Fdez Leon Broucek Carol Diaz -Castro Mortimer Fried James L Peters Robert L Vernon DT November 3, 2004 TO o • rable . , % a� ► ►� bers of the Village Council FR / cqu :j.� e R enende Village Manager r!' Amendment to Our Agreement with James A Cummings RECOMMENDATION It is recommended that the Council approve the attached Resolution which amends our Agreement with James A Cummings, Inc The resolution includes one (1) amendment to our Agreement which provides additional funding for the Civic Center Project EXPLANATION Crandon — McIntyre — Galen The original Civic Center Master Budget presented to the Village Council in October 2003 included $253,891 for the redesigned Crandon, McIntyre, Galen intersection including roadway, sidewalks, storm drainage, and traffic signalization The revised Crandon Streetscape Master Plan results in an estimated cost for this intersection to be $497,431, due to the realignment of Crandon, creation of a bicycle lane installation of brick pavers and enhanced traffic signalization video controls Negotiations have been ongoing with Miami -Dade County for several months to gain financial support or actual construction by the County for a portion of the intersection project Final results of the negotiations have secured a cash contribution from the County of approximately $137,000 towards the cost of the improvements 88 West McIntyre Street • Key Biscayne, Florida 33149 • (305) 365 5506 • Fax (305) 365 8914 MISSION STATFMFN1 TO PROS IDE A SAFE QUALITY COMMUNITY ENS IRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT l Therefore, a change order to James A Cummings Civic Center Master Budget of $322,431 for the roadway, sidewalk, curbs and gutters portion of the project, and a direct contract to Traffic Control Devices, Inc estimated at $175,000 for the installation of the signalization are required The NET increase to the overall Civic Center Budget after the County's contribution is estimated to be $122,431 accountable to the Crandon Streetscape Master Plan and the inclusion of video camera traffic control equipment AMENDMENT TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER PROJECT NO PROJECT NAME AND LOCATION VKB-98069000 Village Community Center (Recreation Center) Village Fire Station, Police Station, and Administrative Office of the Village of Key Biscayne, Florida (the "Project") AMENDMENT NUMBER #19 (Crandon Streetscape Master Plan at the Village Civic Center ) THIS AMENDMENT made this 3`d Day of November in the year Two Thousand and Four By and between the Village of Key Biscayne, Florida, a Florida municipality, (the "Owner") and James A Cummings, Inc a Flonda Corporation 3575 Northwest 53rd Street Ft Lauderdale, FL 33309 Phone (954) 733-4211, Fax (954) 485-9688, Federal Tax I D Number 59-2098732, (the "Construction Manager") WHEREAS, the Owner (as a direct signatory and through its former agent, the Department of Management Services of the State of Florida (the "DMS")) has previously entered into the Agreement between the Owner and Construction Manager, and WHEREAS, the Agreement has previously been re' sed by Amendment Nos 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18, WHEREAS, it is now necessary to revise the Agreement to include Work Associated with the Crandon Streetscape Master Plan for the Village Fire Station, Police and Administration and Community Center Buildings and Civic Center Project NOW, THEREFORE, m recognition of the good and valuable consideration provided by the covenants hereof between the parties, the Owner and the Construction Manager hereby covenant and agree to amend the Agreement to include, Work Associated with the Crandon Streetscape Master Plan, include Owner Change Order No 5 for the Village Fire Station, Police and Administration and Community Center Buildings and Civic Center Project, and to identify its funding source to identify the drawings, specifications and other documents upon which tilt GMP is based, and to otherwise revise the Agreement as follows (1) Guaranteed Maximum Price — the Guaranteed Maximum Price (GMP) for construction of Project VKB-98069000, Village Community Center, Village Fire Station, Village Police Station, and Administrative Office of the Village, as defined in Article 7 1 of said Agreement shall be $21,967,910 59 (which includes the $224,724 00 GMP for the Work Associated with the Crandon Streetscape Master Plan, include Owner Change Order No 5 for the Village Fire Station, Police and Administration and Community Center Buildings and Civic Center Project as listed below m items 2 a through 2 c for the Village Civic Center ) (2) Drawmgs and Other Supporting Documents — in addition to the drawings, specifications and other supporting documents identified in previous amendments (No 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18) to the Agreement, the Guaranteed Maximum Price (GMP) for construction of the Project, is based upon the following drawings and other supporting documents (3) a Proposal #R -20I (Rev 2) to the Village of Key Biscayne from James A Cummings, Inc , dated November 2, 2004, m the amount of $322,431 00 and in accordance with Spills Candela DMJM Drawing Revisions C 1 1 06, C2 1 06, C2 1 07, C2 1 08, C3 1 06, C4 1 06, C5 1 05 & C7 1 05 dated May 5, 2004 and Proposal Approval by the Village of Key Biscayne, which are attached hereto as Exhibit "A 1 " b Owner Change Order No 5 from the Village of Key Biscayne dated October 22, 2004, in the amount of (-$97,707) which are hereto as Exhibit "A 2 " c The revised Project Budget, which is attached hereto as Exhibit "B " Changes in Agreement — various changes are required to the exhibits and articles of the Agreement to reflect the amendments descnbed herein It is agreed that the articles and exhibits of the Agreement shall be deemed to be amended, to provide the following a Establishment of the GMP for Work Associated with the Crandon Streetscape Master Plan, include Owner Change Order No 5 for the Village Fire Station, Police and Administration and Community Center Buildings and Civic Center Project in the amount of $224,724 00, and establishment of the GMP for the Project of $21,967,910 59 (4) Effect On Agreement - except as provided above, the articles and exhibits of the Agreement which are not affected by the amendments provided for herein shall remain in full force and effect IN WITNESS WHEREOF, the parties have executed this Amendment the day and year first written above JAMES A CUMMINGS, INC Attest By �a k--4. c k'ct.L By Corporate Secretary Pamela Kalis `William R Derrer, Corporate President James A Cummings, Inc t (print name) (Corporate Seal) eV 6),Ak-- Meredith Baker (print name) Attest VILLAGE OF KEY BISCAYNE 41 dhie,/ Clerk �� �' �' �►::e �� ager Approved as to form and legal sufficiency By "-la—Lai- GOLtiCt Village Attorney 103001\agreements\amendment to agreement between owner and construction manager EXHIBIT B OWNER S CONSTRUCTION BUDGET ITEM DESCRIPTION CONSTRUCTION BUDGET CONSTRUCTION MANAGERS PRECONSTRUCTION PHASE FEE $113 190 00 SUBTOTAL OWNERS TOTAL PRECONSTRUCTION PHASE FEE $113 190.00 VILLAGE FIRE RESCUE DEPARTMENT & ADMINISTRATION AND POLICE FACILITY CONSTRUCTION MANAGERS CONSTRUCTION PHASE FEE $527 392 00 CONSTRUCTION MANAGERS OVERHEAD & PROFIT $457 223 00 CONSTRUCTION BUDGET BALANCE $10 277 461 00 SUBTOTAL CONSTRUCTION COSTS $11.262.076.00 ANTICIPATED OWNER SALES TAX SAVINGS ($159 266 00) SUBTOTAL $11,102.810.00 OWNERS CONTINGENCY $256 924 00 OWNERS GMP BUDGET FIRE RESCUE & ADMINISTRATION/POLICE $11,359.734.00 OWNERS CONSTRUCTION BUDGET FIRE RESCUE & ADMINISTRATION/POLICE WITH PRECONSTRUCTION FEE $.11.47291400 VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK ELECTRICAL DUCT BANK & WATER MAIN CONSTRUCTION MANAGERS CONSTRUCTION PHASE FEE $119 226 00 CONSTRUCTION MANAGERS OVERHEAD & PROFIT $34 521 00 CONSTRUCTION BUDGET BALANCE $647 913 00 OWNERS CONSTRUCTION BUDGET VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK ELECTRICAL DUCT BANK AND WATER MAIN $80 ,660.00 VILLAGE CIVIC CENTER SITE & SITE INFRASTRUCTURE WORK PHASES I. 2, 3.4.5.6 & THE CRANDON STREETSCAPE MASTER PLAN (INCLUDING SCHOOL FF SANITARY FORCE MAIN) CONSTRUCTION MANAGERS CONSTRUCTION PHASE FEE $80 382 00 CONSTRUCTION MANAGERS OVERHEAD & PROFIT $98 288 00 CONSTRUCTION BUDGET BALANCE $2 237 526 00 OWNER S CONSTRUCTION BUDGET VILLAGE CIVIC CENTER SITE INFRASTRUCTURE WORK $2,414,196.00 VILLAGE COMMUNITY _CENTER (RECREATION CENTER) CONSTRUCTION MANAGERS CONSTRUCTION PHASE FEE $771 920 00 CONSTRUCTION MANAGERS OVERHEAD & PROFIT $434 328 00 AMENDMENT NC) 18 EMERGENCY POWER & POOL EQUIPMENT MODIFICATIONS $126 398 00 AMENDMENT NO 18 ARTS IN PUBLIC PLACES ALLOW ANCE ($135 000 00) CONSTRL CTION BUDGET BALANCE $9 597 214 00 EXHIBIT B OWNER S CONSTRUCTION BUDGET OWNERS CONSTRUCTION BUDGET VILLAGE COMMUNITY CENTER OWNER CHANGE ORDERS OWNER CHANGE ORDER NO 1 OWNER CHANGE ORDER NO 2 OWNER CHANGE ORDER NO 3 OWNER CHANGE ORDER NO 4 OWNER CHANGE ORDER NO 5 TOTAL OWNER CHANGE ORDERS OWNER S TOTAL CONSTRUCTION BUDGET (ALL PHASES) AMENDMENT NO 07 VILLAGE HALL GENERATOR BUILDING (NOT INCLUDED IN GM?) OWNER S TOTAL CONTRACT BUDGET $10.294.860-00 ($1 140 899 62) ($1 118 301 79) $34 363 00 ($1 195 184 00) ($97 707 00) ($3517.729.411 $21 967 910 591 $72 760 00 $22,040,670 59 i1 I ummincis General Contractors November 2 2004 SKYLINE MANAGEMENT GROUP INC 88 West McIntyre Street Key Biscayne FL 33149 James A Cummings, Inc 3575 Northwest 53rd Street Fort Lauderdale FL 33309 Phone 954 733-4211 Fax 954-485 9688 Website wwwjarnesacummings corn TRANSMITTED VIA HAND DELIVERY ATTN Mr Paul Abbott, Project Director RE KEY BISCAYNE CIVIC CENTER — SITE INFRASTRUCTURE REQUEST FOR CHANGE ORDER PROPOSAL #R -20I (REV 2) TRAFFIC SIGNALIZATION & CRANDON STREET SCAPE MASTER PLAN Dear Mr Abbott, To accomplish the addition of traffic signalization and Crandon streetscape master plan at Crandon Boulevard, West McIntyre Street and Galen Drive, an additive change order in the amount of $322,431 is required Please see attached summary form and quotation for a recapitulation of this amount As noted m Qualification/Clarification Item No 75 of the May 4 2001 Fire Station/Police GMP and Qualification/Clarification Item No 37 of the February 8, 2002 Site GMP, traffic signalization is not currently included in this project The added signalization and Crandon streetscape master plan work is to be considered a change to the work associated with Amendment No 3 dated April 24, 2002 This work will be coordinated for installation concurrently with the remaining site and site infrastructure work An approximate start date of November 15, 2004 shall be followed by a Ninety (90) day Construction Phase and a completion date of February 15, 2005 This proposal incorporates the Crandon streetscape master plan modifications depicted on drawings Cl 1 06, C2 1 06, C2 1 07, C2 1 08, C3 1 06 C4 1 06 C5 1 05 and C7 1 05, dated May 5, 2004 (Signed & Sealed) prepared by Spillis Candela DMJM This proposal does not include the Signalization items depicted on drawings Sheets T-1 through T-6, dated May 11, 2004 (Signed & Sealed) and prepared by the Corradino Design Group If there are any questions and/or concerns regarding this matter please do not hesitate in contacting this office at (305) 361-9227 for discussion Sincerely, Revi-w-. & A.- .ved J • 1. UMMINGS, INC , i 1 • ANAGEMENT GROUP, INC Al - •• . der Snuth Jr \ P►• -ct Manager V :rSMG Pr,»ect Director Abbott Cc Roberto Lage SPILLIS C'I`DEL4 DMJM N is ta\ 30 44- 3 8 Armando Nunez VKB Eric Squilla JAC FILE James A Cummings Inc Proposal Summary Form ; Village of Key Biscayne Civic Center ummin- R-201 _ SIGNALIZATION Crandon Blvd 8 McIntyre Street II 1 I) SECTION DESCRIPTION OF WORK 01 JAMES A CUMMINGS INC LABOR ir1A'"E R AL SUBCONTPI-CT Site Administration/Extended General Conditions [ - $17 752 Builders Risk Allowance (2 5%) _ $11 000 Dumpster Pulls/ Waste Removal ($300 each) { _ _ $1 500 Clean-up $2 4001- $600 Layout ( $3 500 $350 Miami -Dade Permits 02 Village of Key Biscayne Permits - By Owner STONE CIRCLE UNDERGROUND INC 02 METRO ENGINEERING INC 02 HOLLYWOOD STONE INC **OWNER DIRECT VENDERS** 02 TRAFFIC CONTROL DEVICES INC - $150 000 VIDEO SURVEILANCE DETECTION - $25 000 02 $1 700 $0 $31 286 $193 053 $38 150 NIC - NOT INCLUDED IN CONTRACT -f-- SUBTOTAL LABOR BURDEN SALES TAX SUBTOTAL TOTAL OVERHEAD (4 5%) SUBTOTAL PROFIT (Included ,n Over`'ead above) SUBTOTAL BOND TOTAL NIC N/C I $5 9001 $2 4501 $292 941 $4041 $9 941 $159 $2 609 $292 941 $305 491 $13 747 $319 2381 $0 I $31 y 2381 $3 '92 $3L2 431 STOVE- CIRCLE UYDERGROL ND, LtiC CHANGE ORDER REQUEST FOR KEY BISCAYNE CIVIC CENTER 03/14/04 1 k / N...i s.ti a er • Jewer • 1-3,-",1,7„:-1 c.oastrucLOr DESCRIPTION CLT IV NEW DRAINAGE MANHOLE #16A INTO EXISTING 36 STORM DRAIN CUT IN NEW CRA/NAGE STRUCTURES 0 18A & 188 (4 DIAMETER BOTTOM wi P 5 TOP INTO EX SING 30 RCP REFERENCE* 0247 MATERIALS DRAINAGE MANHOLE 416A DRAINAGE MANHOLE *18A & 188 36 RCP 30 RCP BEDDING ROCK BRICK & CEMENT MOT SURVEY & ASBUILT LABOR SUPERINTENDENT 1 EA FOREMAN 1 EA BACKHOE OPERATOR 1 EA LOADER OPERATOR 1 EA PIPE LAYER 2 EA LABORER 3 EA 1EA 2 EA 16 LF 32 IF 1 LS 1 LS 1 LS 1 LS 24 HR 48 Hi 48 HR 48 HR 48 HR 48 HR 1500 00 1500 00 1200 00 2400 00 38 85 621 60 28 20 902 40 35000 350 00 000 00 900 00 100000 100000 1000 00 1000 00 SUB TOTAL $8 674 OC 7 % TAX $807 18 TOTAL 39 281 18 60 00 1440 00 42 00 2016 00 22 00 1058 00 19 00 912 00 21 00 2016 00 1400 201600 TOTAL 39 456 00 EQUIPMENT CREW TRUCK 1 EA 6 DAYS 200 00 1200 CO EXCAVATOR DAEWOO 300 1 EA 6 DAYS 590 00 3540 00 LOADER DAEWOO 250 1 EA 6 DAYS 335 00 2010 00 WELPOINT EQUIPMENT 1 EA 6 DAYS 350 00 2100 00 COMPACTOR 1 EA 3 DAYS 75 00 225 00 TOTAL 39,075 00 SUB TOTAL $27 205 00 OVERHEAD 32 720 50 PROFIT Si 360 2 GRAND TOTAL TOTAL FOR THIS CHANGE ORDER Kai Ci C3/'le - s C —L $31 283 7 $31 286 3L 3330 S W 30th Avcnu;. Fort L ndcrdale Flonda 3 )111 (954) 331 5020 Fac (94) 33 1-O68 Llcengc#91-1?,- rdo% AFILIONNI METRO ENGINEERING CONTRACTORS, INC (954) 792 9260 0 cn CO a v a • got ea 0 w cn aC 0 s Jarrk.s 1 C u tir,ing In,.. .j )75 I\18 » Street I t L autleidale l 1 31109 454-711-4211/FAX 954 485 9688 Attention Alex Smith RL illage of Key Biscayne (Crandon Blvd Rcvi„un) DLSCRIP'Z 1Oiti 11ifuh1li7ution Tu 1 um1,h of C) T Dctnolition & haul away 1) C urbs Valley & F 2) Sidewalks 1) Mill 1/8 PROPOSAI RECEIVED 1UL s 5 200 Lines ek Lu Tmincs Inc ev Biscaina Coate Center AMOUNT 4) Remove ("NTiuTow circa) 5) Saw c.uttink, New Construction To irp)tuli asphalt paving me 12 ' stibiLizcd suh-i ase R Iimeru&.1. base & 2 ' asphalt iti rlarro w irC b 1 o overfly arci milled prc,viously lo uistzll C tub and C, utter (inc pad) VallCy Crutter (Inc pad) Tu in,tal l c t)nLrete .idcw ilk (fire station done 111 5t1gLs) lo install C oacrctc b'tsc int. cut grade & prepare sub -base 4 Concrete R Cc u n c. rote LS L' 91t) I F(u?S1 50 5599 SFtu}S 1 00 909 'Y'g),S5 60 153)0 S1 LlS 1 04 2600 LI (a)$1 70 4810SlVia!$1220 909 SYJS15 10 760 T F(u112 6 50 200 LF v�S24 10 1525 S1(ri/,b6 09 2 100 SFIu)S10 10 )69 SFic4i4 r�O SLB TOT-kL CREDIT PRFSTot S t Oti IRA( 1 A'401 `T i) lUfAL $ 15,575 00 5 1211100 S 31850() S 16 79700 S 5 090 00 51596400 S 4421)00 ¶R 632 00 S 1372600 S 20 140 00 $ 4 320 00 $ 9 287 00 S 11 11()00 S 56 01& 0U '246 941.00 (Si"; 891 (0) 5193(152 CO METRO ENG,NEERING CC)NTRAC roRS INC IS A CERTIFIED OLACK VINORITY CORPORATION J U 4t I) SICt 211C N [; xie Hwy Hci, j Nccd F._ 33020 eriocktng Pa ie & Sullr'ose Coping Speclallsss (954) 923-6546 FAX (954; 923-9913 CZ? BILL TO J A Cumrii a2s 11� 3575 NW 53 S Ft Laude'dal F AREA _ ,er'Sod & f-i urec ce $ CRESS Crandon Paris Interne cti oa CON-rRAC- 15260 8,..LING CA E ICe Es- VA!J F;C tit PLAsiS AC —UAL \,4 S j CJSTOMEA P4ONE 305 361 9227 L MATERIAL AND JOB DESCRIPTION SQUARE UNIT COST FEET AMOUNT Pavers ey ase pavers 1n a on t nset over concrete (By others] inclining matenals and labor 8977 1 38150 0 Sub -base prep by others Permits by others Concrete curbs as needed by other] JUN 0 1 2004 Jrirrt�'� J :: — Cumming I. -a a r,�✓IC maunts not paid 5y due date bear interest at 18% per annum All cost of colliCtbn and attorneys fee are the obligations of the customer Excess pavers are due to incremental order requirements by manufacturer, and are the property of Hollywood Stone GUARANTEE Malone and workrrartsrfp guarantee tar a Period of one year /rant/ U+e date of substantial cornp/ettbn for each type of matena/ orovided oh at wrtten nave of any deFict rs Avon by Purchaser it SELLER *thin ore rf) year ^f substenbal completion For the pwpases Total Due upon of tlya guarantee subs antral ocmp/ercn shad mean the date of =omp/ebon of *ark except for Si.b9tantial CompkitIon any finish or seat coats Aral avn#ny or repairs This guarantee is it i ed solely to he 'ep/aC*7Ient aratl/br repair PI mater's/s by SELLER #o oche a rprvss warranty or pLarantee '5 Own No other • mattvn o/ the SELLER by wor:ls o actlors snot constitute a war-sntea i SUB TOTAL 38150 0 STATE SALES TAX! Init itde HO OOD STONE By TOTAL 38150 ❑ Deposit SO%1 ;We cacao the it ov pf'Opa6af and C�r+lr8e tar ho sarro scatjest k; elf rpm arc c'rdrt O's on Min arc' ere s4de ar►d Addenda (rncluding CONY .snW Ord cpagrIr^ a ched r►erera 0 Reference 1 f l A F F I c CONTROL DEVICES INC -`„'2 ;:•%o2 N k 53' STREET VLLAmL FL Pi (305) )92 7096 FAX (305) 59 fOa . To _Fax g r\ 2..� 2.00 4- 5s 3 L 1 _ r--i $ of Pages 3 From 11 41. Phone g (305) 592 7096 an Fax # (305) 591 7687 Cal Comments iV 1S� ZC�vt_ RE r�E L JA -Ties A L. /4,-. Unless Ot 1�r,v �C d u r t c r'f7rrJVC/ 1fJir'CC P tt1i5 QC'S r� le Teisage s pry le c.Onrd to 3C tz.a.^L.c s ..St f ne ndivid ..1'( ) orelti f abc.ve if ne recce n ro,s �.. 10 riot the n , ;-1 c e -rt 3q= r lay CI 7 ,4 s ^t3t.ted 0 3; ed If is have "ce ve':1 communicar c, r , , Jt N pr. t ICO N8 ark it r 5 ar 1 ie ' Diem r+t^-mod lie / -Ictrf�j �S Cy LILL 1^)va 3Cr'r SS 3 Ou cper'sr TCD MiarniFax x's Propo a l ei- Projec+ N,zrnber CU,M\fTN ' 9'1 3S Estimate N-,rrber _ - P-oject Location KE" BISC VINE Estimator NOR` t J 61d Date 4-7-2004 Bid Item Unit Unit Unit Price Extension Quantity_ Measure 620-1-1 190 00 LF 6 00 1140 00 Descnption GRO NO ROOS FC 630-1-12 630-1-13 210 00 LF 1085 00 LF 6 00 20 00 1260 00 CONOUr UNDERGROUND 21700 00 CONOu1T uNCERPAVEWENT 632-7-1 1 00 PI 3500 00 3 500 00 SIGNAL CARE ASSEMBLY 25 00 EA 440 00 11000 00 PULLBOX 639-1-23 47-1148 100 AS 1 00 EA 900 00 10400 00 900 00 E_ECTRICAL SERv10E 10400 OOIMASTARM ASSEMBLY 647-11 50 1 00 EA 10600 00 10600 00 MAST ARM ASSEMBLY 647-11 46 •47-11 36 " 1 00 EA 10400 00 10400 00 100 EA 9505 00 MAST ARM ASSEMe Y 9505 00 MMAsT ARM ASSEMBLY 647-11-24 - 1 00 EA 815000 8150 00 MAS-ARM453EM8L! 50-51-311 ' 10 00 AS 500 00 5000 00 A3S1N 650-51 511 - 1 00 AS 725 00 72500 TSA 5S 1W 650-52-31 1 2 00 AS 2240 00 4480 00 i TSA 351 N OM' PRG 653-171 — 800 AS 45000 3600 00 PSA NEON 151 N 659 107 - 3 00 EA 600 00 800 00 ALUM PEDESTAL 60-1-109 3 00 EA 120 00 36000 LOOP DETECT;,R TAE 9 66C 2 40 '- 665-41 ' 3 00 AS 5 00 ELN 16 72 -2 2 1 00 AS 685-- 690-1c 100EA 1 0C 1 EA 8 0011 EA 543 00 170 OC 13700 0c,, 1200 oC 162.;' 0C Lo, - r ati. A 850 00 P ;:44P 13700 00� 20C :c1 1200 CO 1200 20, I RL.LL: L , _17;; 3A,- 18 CC 14'430 FE& 3"4 L3 I 2 Nc:S Ir.. 3 '`' --3 K. 0 Ave A I- e `G ^g5 " 34'14 Propoa S.iop►�I.m r' Project NJmber CUMM►INGS 4y -3b oject Location KEY BISCAY\ Bid Date 4-7-2004 Bid Item Estimate N.lrnce _ L.. Estlrnator NOS f IA,1/41-&_\L-k..ti Unit Unit Unit Price Extension Quanta Measure Description 690-30 690-40 690 50 3 00 EA 400 EA 1 00 EA 90-100 1 00 699-1A 99-18 700-48-18 1 00 1 00 5 00 EA EA EA EA 550 00 B00 00 350 00 925 00 1650 001 EMOVE POLES 3200 00 REMOVE MAST ARM 350 00 !REMOVE CONTROLLER 925 00 2750 00 2750 00 2100 001 2100 00 450 00 2250 00 RE 4cvE WISC SIGNAL EQUP ILLLMINA'ED SIGN FURNISH SIGN OV>-10 SIGN PANEL 136468 00 1 , t•-(1,> 1k 7`s -32 -ti INI )f x OF s Et . o I 1 I ;'r rc0t ED it Anti An ti rRfLIAI b cl I *nit I[/, LS 06114 111J e Date Dale 4. I Y 41. Al L SLI ra N!P I NI l ►t 11 Awn s f I 1 I CONTRACT PLANS PROJECT NO 0000-0000 —Via-146E —0F KEY BI SCA YNE CRANDON BOU LEVAjD AND CALEN D RIVE/ W tbYRE S TREE r SIGNALIZAIT/ON PLANS lut tA, 1 LL t a L 111 r 1 Per w 1 tie( Ii 1 1 N_s°I l We +. 11 r, t' 1f1!-* MAG£R Am(ER ,41 4° F1' r ,I 1 1 A R ILL h MU 11. Kw1�� LOL 'A T ION Of f fall L I rr I I II - ILr'L L I 1 THIS IS AN I N(,1111 IINI1 ` Air S hift NEW • '�3CAIC1aJ1� ) WI' NO 61 un 1 M I AI IW I(Il (lfl W N L ll IIoIt II(I) Aid ' ca flit, t tU J 11 1 t Awl NOAH 1! fit' ht rt/tt I 41 MW 11 , tM t Lift (I 1 .W l4 nt It Wl U.1 11k I I I t N* N .c 1 u l 4!t .44 IN '1l rI l'/tj 01 / IAN` Y .01 v M !t +u 5. t O NY btS u a) I! b1S I f1 If - ba/ Sd 651 Ail ttAt 144 1 l /Lr 6.6S b! 2 e hN) 1 Af! WI ID tall) It - iSsu >V 69) A) 6'i .0 69) 50 bit/ (10 bsly Y1 lA/ 4N 11 { /141L/ t) 1. Lit //COL L LAW I 1 11.1114 fi. MA,al) 41114 Lea l! ItM N t t AO 1 H. Putt AA U A.rl /CS LSD t 1 t LLtCINtAl r'L.M EN SLAVIC( I _ faA r11 AHM COr dumr Afn s r mai t:Urdrw r Ws sr YA5( Alta LLWdlrArLa 5(0 YA 5 I ANY tG 6I t/AFAIN S IO Y AS r_ANY Cpnd+rA► AIM_Srt) etA si AMY COYBWAtmutt510 JHAFFC SGrAt a SID fn_ Mi ff A: 5164t I2 S IO of NE (HAifL SA.144 It [Mt/ S S A. ht A(1 Au 1 !iffy Y litUP AS Stu d/ PtLIfSMA " LIftic- rim A P YCIDEL etc fRAIFic CDr Au LL1fP VEHCLE LIE [EC rim NAC SrStEY Aunt MIES ertLEYL _SrsrEr w LAMS u tvt.1s NEruv( (A,vf L SG; L t Al M Eroot P rick S R EMOYf 9 S I AAA/ 4559b eftY OvECO MtAWES ASStA NEtlov( Y SIT LIA 4sl Ajs St. / wrfAr _tt Lu .. Ea IRIS UAW I item A tit) Sr. . SCY f UN AI S 1 7 TABULATION OF QUANTITIES I'rte NEE tCrait• fIE It r I rlmN — UNIT If - — — — ( t IM — -- 7s Y — --t SefEE1 el- — — - - i f4.4 -- T Pt AA I!X) 2A) d)tl5 1 I M t ,— _ - —7 A l 1 Lt - - _ - if-� - __. - -- - - - At s _ EA AS 25 + -- - - --- uICY fLtatusiDI --may _ __ IS/Eft socaMill EA I - --- iii --iSlfEt --F -- is_IEtt SALLE AM! fA f EtSAW. ANY) fA EA EA AS - 4-- weft SwGlt ROWEAR r_____--,* ISrftL 51+C1E Allude ► r 1s t t i S611Gtf ARYL „______ ._. , ) / SfC l t]M Oise . Art 1�- Sff/eefw avE Wa ll AS tr I CALL, PfYi,gAYYCO SVIAL HEADS AS 2 twig t (aSrat EA .1 AS +r —j - r — ` IMP , Ars ti/rtar fOR Fitt SrAJA* EA s _ h ASSE rbt ■ rN D C6004 CAB/If r i BASV EA f - --•l-f-- - -- -- - -- ----- .4 4AY tip ftNMM ts+f 400 444S/Atli EA 7 - a I_I 4 1 1 AS St Yoe, _ EA --- _ fA _ EA EA - - t - - - 4. Glie4+Eost PI ► --- L Fn.S. w31W __ EA __ !w Si EA / -- --_ EA S _ _ __ + _ .- ----, _ -i -- __ ____ __ -- — _, — -- rifStaoyas CORR ADINO a• • "'I`I AL 4 11 W w, WA D* i1f (, i/1 ld NUMBERS t tO L rtAM tIIAL r'1 TIM IfILI it OF K EY RISC AI VL Troia To t rut -- AO CC/ *I - 1, 1 ((U nit r A Aa en) 1$ n tit! 1tSI) IUI.1 II re t I SIGNALIIATION GENERAL NOTES f nf SICMAL Ma1Nf4,MrNC AGENCY LS MIAMI DADE CANTY PuOLC wONAS DEPANIwfNr • H ♦ SA.,. DIY stun I L SILNAt OPEHA►ADM (WINGS ARE ft) BE PROVIDED UT Tiff DADS COUNTY rrica ul. *OHS UttAAnlrtNI )A( . ALS ANU SLAB DIVISION LULA/f0 Al 11/) MW !G S IHe E r Ari rW NU JJ4AA u HD&NI AILUAMS tie on aJli J All SALVACLABLc SA.NAL EtIHPM£N( T HAT ARE REMOvEO MUST Of L>fL1vERED Alit) UNLOAD! / I t riAMt DAD£ COI NTT SIGN ALS A SIGNS LJIY4SIOA ILL /whit, J I Sl ntt I T AM I LOH U SJAot HL L t IP I S MUST HE 00 / AINE D FROM THE mow( AGEAKI' AND S UBMITTED /0 I of rut I tAt4 it t lu htLtIVE tAIMENT ELM I llW AL HEMS Sr(N I iCAllt'r t I tU. S,LII M U SALV AGE ABLE IS AS fOLLDMS L L N I 'NALL N s t o fo I I u H CANINE IS CON ►ROLLER HA RCMIAMLE AND sat ( WALE r LA t nS LLWMUMA A l AiN Lt Wilt! AND IlAHIAVARE SAAN AL HEADS MAST ANN tt)LL) MO AS, u. AIEU tAiturrANE ALL DINLN EUIN PME N, SHALL 8t I y r r I try Ar IUns LAttMSt 4 I t t UN r1Ai" IOh +1151 tMr HM TH AT P ROPOSED MAST ANN LO cATLUNS Art AUI N CCM LAI *1ft MI UTIu/TES LRL DRAINAGE MKS Etl)IJOG ANAL) WSJ .1t 11rl N LJILIEAIAIM UN Ttt NEW SIGNALS AHE B&NAA .n, S LDN 1 nAC ION SnA L NO TM r DALlt cam ry SIWIAL AND SIGNS LNVIS+QN +a &IWO MUM IL) ANT WNSIILU L/ION TH AT ,NTEHfEilts a,tn T HE uhr LWtNA)AAN W f t t$ )IA*, jIGNAts b L UN I HAC I0ii SUAI t PROVIDE /t MPORMv SIGNAL CA BLES TO MAINTAIN S IGNALS LN OPERA r4()N w a NhXVStu SCAM AMMAL IS RUNG INSTALLED�.A��'LW EIISTLNG LLANLAilIs THOLE *au NO1 OE ALA 1 MN I rA t 1 1. 10 1 $ f( MIINRY IACABLE' t 1 At Las /RA C TO N NA U tit RE SPLINS,BtE FOR FIELD CHECA,NG Altn t ION t t A)ALIS AS lit,' HtLA (t rU (LIE SIGNAL ✓ I AHN SSAt LAf4L5 I It CLW (RACtO N SHALL LIEN(If AN L Ar ta) it) IULt ON ii. / AIN SIZES HtCLuRED IU t I M N M M LIN 1.1 I Lt Ar1A NL t f Ltt I 1 t S of. Cu t tl Att LLWW,) St A I tit Z IA I MINIM UM UNLESS OUHEALLISE NOTED IN I t r AAS 9 (NE APPHI)PRLAIL ul Ulr C)M PANY SHALL DE MotifIED Ist TriE &LAN AN AL lUll I LtA , IN I LAtHS W ALNANCE CIF AN Y EACAYAr4)M fUIE l'At I AL SA.N AL t LA/ art N I )u THAT A U IIUTY COMPANY 'ft r,lt 011.41111 IAN OE Pht LILT [LA I HAIL /uH Ht SHONSIO1f TOR I IERWNIMG ALL u r,L1fY LOCATgNS AND teal AA. I. AL LA, SU S **AI 11.) C LAW' lA l l t [ UN I LAC ION i l tit AIA AHE ;H AT E ASS TIN G UNDERGJitA)ND AND 'Da hl- NLA AN LI t X LI I t) Mll N TH E LIOLINOS LII W LWA MAI Nu t & I t r .A.N I C a IfAL (CM L Is 'our /IE SIt1WSitiLf FUR AN D Ai( Ni. t A TA uADIENL tiWNU AND Anort GhWND I t /HL 1 n AA L )18 A ND Cut H AM' S A.+. I A HIM.lutt I,A 1)5 AuFAON W HEN WORT. IN AND AROUND Atnt t N r 10/0 UNt S ANU LNLIERGM jND U I LIJ T ES I I DAIHACIU N lUv L It I At ft& AC t t !Y (4 it tit Ht PoNSIDLE FOIE COMrACrinc THE COMPA N tt Mt H I U LIE (LILM,N( U A St1's.E 11/14 ,/H t) Ht tIU tall FEE S AL HE 1 I DAu MILE ILA fLECTRILAL (OVEN u I. CONTRAcro8 LS RESPONSII9LE TOR OBTAINING ALL PEHrt is hLW/hfl) (Ott SIGNAL INSTALLAIILIIf iS COWTRACron +S AOvlSEO THAT ALL *ORA ON C amti /WADS IM IIAMI !)Alit COUNTY £SP£CLALLr RfLAT/rLG TO SLGNALTIATION A ND sA.M nt. NUS I r at 1 InE/N SPECIfCATLONS IN DIiOE R To LLE APPROVED CONTRACTOR MIST OBTAIN AND FAMILIARIZE HIMSELF Wilt) MIAMI 0Abf tc>t SrECetCAfALNS LN LAW/ Ll/ I HLut MULI)f/El) SsGMS (THAI APPRWAL Of CO ON/ ►IDN WILL at . SUtDtCT ID APP(IOvAI ffr CDjnrr LIEPA$I4ENr OF Public wORAS TINS APPUES EVEN TsN j (HIS PMAUEC/ IS DO ACCO RLANL ALI I t) U I HEY N UMBERS AND SP£CIICAIIONS +i6 DCSIGN Uf SIGNALS LS PER M U r co f LDIMDA DE PAR (MEN 1 Of fRANSPOitAILIN ROA AYAY AND /Riff C STANLLANLK AND DADE CILIATE PubLIC MINAS DEPAN I NE N 1 STAN DARD S PECIfICATtOri s L ass / ikA 11011 SUP PLY Of MATERIAL AND INS/ALLAIAN MUSK fULuw rtlu t Lt trEn A I) CONTRACTOR IS ADVISED THAT PRIOR TO COMMENCING coNS1It UClAM A PRECONSTRLICTLU,L MEEI)M WILL Of IEW/IttD wain MI AMI UAL COUNTY PUBLIC "MIS OtrAii/Latta SIGNALS AND SALNS LIVISMN Ill 41 CO uNIY REuut RMtNrS AND S,'EL tICAt4W) WILL LIE LA U) LU N LL IA N d ABANDONMENT Of MAST ARM fLU ND ArrON INHERE ,NLNLATt DJ 10 A (tP/ H Of ! AND IMPALA L1f S+DfWAtA R ALL MAST ARMS SHALL BE MIAMI DADE CDuN rr P uBLX NOMA 1 rPt I POLL SEE Stitt/ I AA turf Di TAILS 20 THE DESIGN of M AS/ ARMS AND FOmDATAL WS SHALL HE AS rim W AN till t CLAIM TV PU MLI C WL MLMS (NPAMIMENI STEEL MASI AR M Ct I AILS 21 UNLESS OT HERWISE N OTED ALE CON AN/S UNDER PAVEMENT HA[l h N IA 1 HY lhE SOtt r tL11RfNG LIACIIEU1 NE IIeOO 22 CONTRACTOR MUST RESTORE SN)f1uAL Xs r0 PNECANS ►iu: (Sit CURLY TA/N INLWOtS /LMI*AIIAIG ►OP Li Of Ertl►,NC 1LIU ND AIIONs attilt Mt CM LLWCHErf SIU*W ALA IS ASIURBED T HE Nitta* FLA.. ru t Lit IIA A. L ANt AS MUST at ALES to rt O Nit,( A 1L 21 ALE Eris TIMC MACS' AR MS AT +N rE RSECT,NG Sr&EfS ( ARMY LJI NNAUS( LUN1II AC III SHALL NYSTALL TYPE is POLES AND /ROSS TYPE AWWN UM Wig AA1Ht A RMS LLCA,E NEW WNINAIACS OL Midi AND SuPeu /t)wf IE kWh/ w ( ( IhAW IF 21 PROPOSED MAST ARMS POLES SIGNAL HEA DS AND AFTActIMFMr Attf IL) 25 CONlRAC/OR SHALL COORDINATE LDCAI,ON Of THE PROPOSED t1)Lt tAOAt PLANS TO AiAlD A CONFLICT wan n ant P AvEAS L Ar bt r 25 T HE FRONT CC NTAOLL ER CABINET WON SHALL PEN ASA( THOM lilt (NItH 111 (IN UNLESS O( HERANSE SHO WN IN Int PLANS LIR AS LAMELILL) Ur (III tIN.NIL T n£ CUNTRACrly1 SHALE NOTIFY IHf OfPAR/MEN' IN WRITING NO If SS ! HAN n WUHA/N( T1AI eN ADVANCE Of THE NEED Of ELECIRCAL PLANER StH '&t AtUAU PS tit SA. NAUI A LAIN SI t t I uGtt,/IIG fACLUfitS THE CON►RACTLW SHALL SUOWI A LtIltH Li. nttA,tsi AI(A N( wit I As Aft'DAVIr Of GE NERAL ELEC/HIC' AL w orth SA,NtD AND LLNltttftl u A N r N t ,., a ALL PROCRA MMABLE HEADS S HALL HAVE Ifjj f GONNSI REAAI E A I Wt S I (HI IA it P1NIL,WME D to Elf 111%I&( JO AIL ORN£HS UI s 1 AAIWHD t At.0 I Vt nt t S r 1 t t I,+uSf WH O ARE &EHa ND In( UPSIHLAM STOP BAR RED ANt)'tilt .. IL M t Alt 41 1 dE PfiouitAM MtD 21 41 rI 1) A >< ALL IN (Ili 1 eft 11 A AI 14IArtfNI I tit AAMi)LY ft) t11 AY A WIT It tiff I tAtt A. 29 THE CONTRACTOR RESPONSE Ill( /0 ALL REPORTED MALU UNC/Am Di IN -Oft( (NAL w 1 r PHCUEC T Lw1I S SHALL tit NO MORE It AN 'ivy III ,RAIN) AND S NAIL ht Shiite iitt I HAFfC SIG NAL EOULPMEN r 10 t 1 S LEvE L a LIPS AA L A N• rH I I u MAu uNL t Litre w 1 1 Nu tiwl Ir u, N( (D oh 1241 IAAiRS DURING rH s r ME T LE CO W I HAL,CNW H AL, Pr wAh # AI t t N I lAM,+CWARr TRA FFIC LWINLI( DEN LES I LAGMAN 1EH5.IWNt L All I AN IN 1)14 f Nf N1 Ht HStj# f A NELE ISAfN' 10 MAINTAIN A SALE AND LI I ALIt N I tut Dr- I A, L At IIIAHSECIALIN5 Tit t4).MEE L s ALL Atwrnttvt ALL MDW N- U. 1 t(Jt1 AN II D n Ut III l l h tt !hi t nn I in ROD RGTO J DEL 1 r4 r 1 LtIS r ! '4 / A(, ls4H UE4Nt su 1 J d 41.11( -at -DL rAff t S S£CI 1 NW IL S r YOU 1 N(. ANLAI 4 .t so so .w W 1 1 J SECT I NM 12 LENS rills 14 Af,A[. imnri aAAf ' 65u SI Jog J'/ RA YYELI NEAOS I1 Ass 1 t .4 'LL AL id L HA I ihL rLtil L 1�1 (l 1 I ! t I 1 ( f -i 1 ( It ty. 40-1 6 IS La\ /W 41 AS1 It Ili: ON LI 11' O • tomato W t a. (tit Di Vt Fla) 1 t4S I/AICIOULU N 665 CRANDON BLVD W McINTYRE ST —f> G= GALEN DRIVE 111 S fr 2 /W id dtl aW McdNTYRE ST GALEN DRIVE C A 6 UJ L411 tat W 1 1 S LA U IN IF, llts ut UISI-I4 LL I d dA Ht0 N P itt EYP I UN PLUS I C t YU UNIfg) AS SH OW N N YAW NN U I I RU L NtS NO II Ju Ltil IUH N UMt INf lf ftlUGl10u/ 111E 11111441 this us t I Alb 1 f 44 AYI UAU L LOUNII :Haifa' 4 'r CI I (If IS Q J SECT I WAr Il LENS W11H NGUNfitIG H4flL 4 & 6SU II Jo 42 ASI -J s! 11“11li 11,4E /Owl � w w a w [ Kr !It — Li_ im4at SCSI 4CIMIIA s-1 ---11 e-' ( ) [ sr far Pali I!Y 44 • Air 1r> 411E Eti 4411-11 I ad. W e au to at 111 v ..a be / 11 III 4 —44 ,I 1444114! J tit Rr1(y NISI AK '1404 St (i) rr T f II WALL Y L• -p MA + AE II[ IC - • A SIP ar IL an lit •• sL Am SIGN f it/ /UJ $4 14 4 41 N U Cr P NUIICI 1 At S If 1414 N L /UP /if 1. 1 I UN Ohl f IL t/ YU l t Yf Y d UUNU Ut P NI Ullt I ht 11 4/ r 41 r c t Ctr l SUN 414. 1 talt4l 6 AMU 611 tH41f U I U NU Ott 14I4 Ht NO N IL ll I UI N I t U ! H 4 41 N I , aY t P 4St5 NO U11N141 LULU WE I1011.4INIAN P!4 t rutll L TUN AS DIP I11IN! I I l /CC ti 1,1. 11 L • A PUSH b ZION ►10111118011+0 4 FN FOR flit( Sraf[1N FOR FIRE sr4r tI JO LlASl 14 issALUtf13 µ fibs Nl 1µt4 JO II AS ULO N 66S As THE b JLL,4 ( D/. AC Y 11/St i rA / AD O p f i _ - a JO 1 11111 311.11 ti 1 MI 1 It J 11 ()tw f) o 11 111 It t 1 at L4.I 4V •I f g.. w.t L 4 4.0. 64 r V y 4 .4 ✓ 14U M / ) IrL 4' �I 1' "t +� SiOAS P. IWt root ,w awr, (itITAfi 1 & f�l11NGS1 SIRFf1 � WYIMAfRE eWrrGelLe r(Ky� � WHFM AF�Y�p r�r�� �YAS+� A/iY QATA c nr . •�w� ire W r 16 dl Y EMI 3wµ f sfo tis":rteWREN I II I 1-111 - ® •are tour 1111111111111 arr� r ai — ■ 111111111,11 111111 4.w w yy iI1 41, a t. Tilt V/LLACE OF KE Y ii/SC4 ryk +Nun mot fir 1+ 1t (+R/fl l , r--___ - ++ 4s1 Is tit MI C C i ritr .141 4.416 41. 446, 44 !IV a. -- 'VA ' &Ai DETAIL 4.. J Al y t 1 .• hIA � t �/T IAl t4. 1N 1) / r Nr Al he 1)A[A uNA • ■ < ..., ti..a a4 r r T T w 7 4 44 • 44 b 4 4[4. 416. 441 d4 I • •,.. t t. MI( R/ 4.G 4 T a • MATERIAL S PECIFCA TitgS t W a, 44144441 ro 64 ... . ~rte "'a 44 441 /MI 40 066 V am a 411 4•4111 41 4 iW • 4a>+ 0 4y at 4r 4.4 - Mr 4444 ay X44.44 4 V r./ • Sr a W rare it OP 44 4444 4.• w .+.r X 600 or i. 4. 4 4i 44 441.0 y • rr.44 ..�. 0 4444 641 ~ u . di" u w • -.. 4r ea I ..r r 4111 4 444 111 .441 1 W 4 4.1 r• - = N arm a, Yrr c orm • a•. `` y: ▪ Y K v i M 4 111 1 ../ • 41i 4^14• r - s •a - r4 • r•r r I. 44. 4441 0 • •4141 - • 4.r r 4. 4r• 44• • 1 444 lir arm • 4444 r • .4y 44ti .ay r ,a.4 44 . 44.4 411 •• •v -• -M . w w •W N • a 41' .44• 4y 4444 i 411 4r 44 • 'We 114414 ray - r • 4a . 44.• 4• 44� r • ., • 'Y/ - 1 11 • r • 0440 ...0 • • •11 • .46444 adll 6114 4141 • .4• .• 4 -4. ^ •• • -M ••• •••• r �re • •r 4411 • 441 0011111 41' 44 • ra u4. err 444 _ -* .• v• ate.• AI 41411444 44 r4 .4410 ` X4 44.44 ma _ •y ... .. . V.14 .r • 1 Y�� a r •r• w r a or •4444•1~- a W. Wall .• V 14 I. y4 aro •a' X11 a w .. 1 _ • 4441 1 • S. • 4 er•4. 4x. 4.4 r a 41.4 �•` .441 Y4 . =rr.. •a•4 ,-.411~ _ • I• s •• • .444 4 w am '�q.44 N • 4 4• r 44..• .a •444 14. a4. • ern, 44644• r -M Y rr r 44/ e , V 11, 01 • 1 1 as MO il l r 41''44 +/ 14.4 an .4411 41 Oft WM 4 •6 0 0• 01M 11 NCI MN MI6 Oa 11444 re ern my r 44 444 Own ea IN ...414 0 040 eh 444 4444144 r .4 4464 64444 *lea 64 46 lit dd 114 44.4 rue 4. 4 en ergy y+ r r 4441 ft. rya 44- 44.6 6 4... •4 .• w 4 • tar 44 1 Lem - a • aria r w 4n1 anal TYPiC 3/ I O ( MU Ar(M /'r r4wc UPR/tj / POI •A ti 44 -�-4 • • 144 r N r • M a r a a • o • • • r N • r • ( N r b • n ad d V di AM oda * 4 44 444 r 1• 41 0. 1 A_ V .5 • • .• .1. • r - w .44 • Au a .....4. - .. 4.1 • r 7 44441 W.« 4.4. 4.y� • M .r.. .�. 444 414. 1,1 Inuir s rcr OW { 406 • o at S7EFG 4( .j 41 -1/ail /1741! S rot I A. 1 Change Order Number State ProjeLt Numbe State ProjeLt Name. Architect/Engineer Contractor Address City StateJZip Phone KB 98069000 Village of key Biscayne key Biscayne Civic Center Project CONSTRUCTION CONTRACT CHANGE ORDER ,� t.._r..i • t� ci 4, 02: Date 22 Ott 04 Ni illage Civic Center Community Center Fire Station & Police Station Community Theater Council Cnamben illaee of Key Btsca‘ne Florida Spillis Candela DMJM OBM Miami & Robert G Cume Partnership James A Cummings Inc ,17*1 N W 5ird Street Ft Lauderdale _ Flonda 3.»09 S9a4) 7„-421 DESCRIPTION OF CHANGE (Attach additional •a.es if •uired Ow_net Material Purchases Purchase Order & Descnptioi 2316 Masonry 2317 Reinforcing Steel 2318 Concrete TiltPanels 2319 Reinforcing Steel TiltPanels 2352 Roof Built up Material 2353 Structural Woodwork 2354 Ceramic Tile 2355 HM Frames & Doors 2356 Wood Doors 2357 Door Hardware 2358 Sound Panels 2359 Ceramic Tile 2360 Tower Clocks 2362 Paint 2363 Texcote Paint 2364 Electric Light Fixtures 2366 Wood Truss Lumber 2367 Roof Standing Seam 2368 Acoustic Ceiling 2369 Acoustic Panels 2370 Stucco 23/1 Drywall & Framing Subtotal Original Contract Amount Contract Amendments No l No 2 No 3 No4 No ) No 6 No 7 No 8 Nog No 10 No 1I No 12 No I No 14 No 1 No 16 No 1, S113 190 00 $10 715 380 00 $801 660 00 $1 4,3 035 00 $189 058 00 $9 818 6/0 00 $1)608900 S72 760 00 $4{) 085 00 S_ 32 89, 00 540 04, 00 S',6 26, 00 $81 728 00 S_)27 744 00 5400 092 00 S28h 867 00 Si), ,1800 S i 18 064 00 R y N i 2004 -I es A Cs., -1- I -key Bisc r, ^e t.,1V'C C (wrier Change Orders No 1 (S1 140 900 00) No 2 ($1 118 30i 00) No 3 S34 363 00 No 4 ($1 195 184 00) Decrease In Increase In S19 393 00 $49 714 00 $2011000 S19 484 00 S18 353 00 S32 358 00 $3 000 00 $23 997 00 S7 933 00 I ($194,342 09 $4 368 00 S227 001 $1570 00 $1 830 001 $19393001 $1 154 001 $16200 S3 000 00 $42 00 $7 767 00 $521 00 $1 397 001 $261 00 $5 325 00 $13 650 00 ' $19 567 001 $16 401 001 $96 635 00 10/22/2004 James A Cummings Inc 1 Villas of it N Biscayne Key Biscalnt Civic Center Proje..t t ONSTRI CTIO' (ON i'R.‘CT ( El tiNCF ORDER Change Order Number State Project Number State Project Name Architect/ Engint,.r Contractor Address City State/Zip Phone Date 22 Oct 04 V11/4.13 98069000 illage Civic Center Community Center Fire Station S. Police Station Community Theater Council L hamnen 'v illase of Ker Biscayne Florida Sptllts Candela DMJM OBM Miami 8, Robert G Currie Partnership James A Cummings Enc. ,375 N W 53rd Street Ft Lauderdale Florida 33309 (9�4) 7./3-4211 DESCRIPTION OF CHANGE (Attach additional pages if required) No 18 (52 972 00) Amendment Total S25 235 969 00 Change Order Total (53 420 022 00) Contract Tune Days Date' Contract Summary I Original Contract Time Subtotal (S 1 94 342 001 S96 635 00 Preset Contract Tune Net Add (Deduct) (597 707 OW This Change Add (Deduct) i Present Contract Sum S21 815 947 00 SO 00 New Contract Time j rNew Contract Sum 521 718 240 00; SO 00 This Change Order is an amendment to the Contract Agreement between Contractor and the Owner and all contract provisions shall apply unless specifically exempted The amount and time change designated are the maximum agreed to by both the owner and the Contractor for this change In consideration of the foregoing adjustments in contract tune and contract sum, the contractor hereby releases Owner from all claims demands or causes of action arising out of the transactions events and occurances giving rise to this Chnage Order This written Change Order is the entire agreement between Owner and Contractor with respect to this Change Order No other agreements or modifications shall apply to this contract amendment unless expressly provided herein This Change Order represents final agency action pursuant to Se"lion 120 37 Florida Statutes (1978) RECOMMENDED APPROVED Si: azure Architect/Engineer [Date es A C Date A']: ' ' V_ D ent Group Inc ature William R Derrer President _ j1� aul T Abbott VKB Representative 11104/04 Date 10/222004 James A Cummings inc 2 RESOLUTION NO 2004-51 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CONCERNING PURCHASE OF TRAFFIC SIGNALIZATION EQUIPMENT AND SERVICES FOR CIVIC CENTER PROJECT AND CRANDON BOULEVARD STREETSCAPE MASTER PLAN IMPLEMENTATION, WAIVING COMPETITIVE BIDDING FOR PURCHASE OF SUCH EQUIPMENT AND SERVICES PURSUANT TO VILLAGE CODE SECTION 2-85, AUTHORIZING VILLAGE MANAGER TO COMPLETE THE PURCHASE OF EQUIPMENT AND SERVICE ITEMS, APPROVING AND AUTHORIZING EXECUTION OF MEMORANDUM OF AGREEMENT WITH MIAMI-DADE COUNTY FOR FUNDING ASSISTANCE FOR THE TRAFFIC SIGNALIZATION IMPROVEMENTS, PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Section 3 07(b) of the Village Charter, the Village Council desires to authorize expenditure of Village funds for the purchase and installation of traffic signalization equipment (the "Equipment") for the Village of Key Biscayne Civic Center and Crandon Boulevard Streetscape Master Plan Implementation, and WHEREAS, the Village Council finds, upon advice from the Village Attorney, that competitive bidding procedures for the purchase of the Equipment may be waived by the Council pursuant to Village Code Section 2-85 upon the Council hereby finding that it is impractical to apply such competitive bidding procedures for the Equipment items in light of the need to expeditiously acquire and install the Equipment items for the necessary traffic control and safety improvements, and WHEREAS, the Village Council finds that funding assistance in the amount of $137,532 00 is available from Miami -Dade County for the Project, and WHEREAS, the Village Council finds that it is in the best interest of the Village to proceed as indicated in this Resolution NOW, THEREFORE, BE IT 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 Purchase Authorized, Specification of Funds That the acquisition of the traffic signalization equipment and services (the "Equipment") is hereby approved and authonzed, subject to the restnction that the total cost of the Equipment items authonzed herein shall not exceed $175,000 00 The funding source and descnption of the Equipment shall be that which is descnbed in the Village Manager's Memorandum which accompanies this Resolution, and as descnbed herein Section 3 Competitive Bidding Waived That pursuant to Village Code Section 2- 85, competitive bidding procedures of the Village Code are hereby waived for the above-descnbed Equipment purchase and installation Section 4 County Funds That the Village Manager is hereby authonzed to negotiate, execute and accept a Memorandum of Agreement from Miami -Dade County providing County assistance for the Equipment acquisition and installation Section 5 Implementation That the Village Manager is hereby authonzed to take any and all action necessary to implement the purposes of this Resolution and is authonzed to sign any necessary purchase agreements, and the County Memorandum of Agreement, subject to the approval of the Village Attorney as to form and legal sufficiency Section 6 Effective Date That this Resolution shall be effective immediately upon adoption hereof 2 PASSED AND ADOPTED this 23rd day of November, 2004 ZIPi (dirt, ( t (- MAYOR ROBERT OLDAKOWSKI ATT, dG 'die ONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIEN I &Act. L (-1pt Ja. VILLAGE ATTORNEY F \100\103001\Resolutions\Authonzm6 purchase of Traffic Signalization Equipment and Services 11 03 04 3 erj lit lb/ 2bb4 lb II JUbbfJ2b2b SKYLINE MANAGEMENT Nov 15 04 03.00p Key Biscayne Civic Center 3053615£47 PAGE 02!02 P 2 11 (7 of) cm cirri min s General COMM rS November 15, 2004 SKYLINE MANAGEMENT GROUP INC 88 West McIntyre Street Key Biscayne, FL 33149 James A. Cummings, Inc 3575 Northwest 53rd Sheet Fort Lauderdale FL 33309 Phone 9547334311 Fax 954485-9688 Webste www jamesscummrngs cam TRANSMI t FED VIA FAX (305) 573-2620 ATTN Mr Paul T Abbott, Project Director RE KEY BISCAYNE CIVIC CENTER — SITE INFRASTRUCTURE TRAFFIC SICNAUZATION SUMMARY Dear Mr Abbott, James A. Cummings, Inc has corresponded with Traffic Control Devices concerting the cost impacts indicated our meeting several weeks ago A summary breakdown is indicated below to further explain the impacts These cost impacts include, but may not be limited to the following I Traffic SIgnaltzation Work (Proposal dated May 27, 2004) 2 Material Cost Increase 3 Video Monitoring ($6,500 ea Qty = 4) 4 Credit on Loop Type A ($543 ea. Qty - 3) TOTAL for Traffic Srgnahration Work $137, 83200 $6,000 00 $26,000 00 ($1,629 00) $168,203 00 As indicated in James A Cummings, Inc Proposal No R-201(Rev 2) dated November 2, 2004, die Traffic Signalization Work was allotted $175,000 00 and is to coordinated via a direct contract between the Village of Key Biscayne and Traffic Control Devices, Inc If there are any questions and/or concerns regarding this matter please do not hesitate in contactnig this office at (305) 361-9227 for discussion anager Eric Squtlla, Jaynes A Cummings, Inc Norm Jackman, Traffic Control Devices Inc Fit E RESOLUTION NO 2004-52 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ESTABLISHING PROCEDURE FOR DECLARING AS SURPLUS CERTAIN PERSONAL PROPERTY OF THE VILLAGE OF KEY BISCAYNE, ARISING FROM EQUIPMENT REPLACEMENT, DECLARING CERTAIN PERSONAL PROPERTY OWNED BY THE VILLAGE TO BE SURPLUS AND AUTHORIZING THE VILLAGE MANAGER TO PROVIDE FOR THE SALE OR DISPOSITION OF SUCH SURPLUS PROPERTY, PROVIDING FOR EFFECTIVE DATE WHEREAS, the purchase of new equipment has resulted in the necessity to dispose of surplus personal property as provided herein NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recital Adopted That the recital stated above is hereby adopted and confirmed Section 2. Surplus Property. That each of the items of personal property owned by the Village which are listed on Exhibit "A" attached hereto and incorporated herein, has become obsolete, has outlived its usefulness, has become inadequate for the public purposes for which it was intended, or is no longer needed for public purposes, and accordingly is hereby declared by the Village Council to be surplus personal property of the Village Section 3 Disposal Authorized That the Village Manager is hereby authorized to sell or dispose of each of the items of surplus property as descnbed in Section 2 above by public auction or bulk sale for scrap items or by other procedure established by the Village Manager Any surplus property items acquired by the Village pursuant to governmental grant programs shall only be disposed of in accordance with procedures and cntena applicable to such grant programs Section 4 Implementation That the Village Manager is authonzed to take any and all action necessary to implement this Resolution and the purposes hereof Section 5 Effective Date That this Resolution shall be effective immediately upon adoption hereof PASSED AND ADOPTED this 23rd day of November , 2004 4t (-c t,, it E MAYOR ROBERT OLDAKOWSKI ATTEST c/4/0 -44-e CHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY ladta 6 WC( VILLAGE ATTORNEY 103001\resolutions\establ,shmg disposal of surplus personal property EXHIBIT "A" The Village of Key Biscayne Surplus Assets Asset Description Original Date Acquired Present Inventory Cost Value Number 71 Computer Monitor Keyboard $1 100 1998 Minimal 145 Computer Monitor Keyboard $1 600 1998 Minimal 158 Computer Monitor Keyboard $1 600 1998 Minimal 162 Computer Monitor Keyboard $1 600 1998 Minimal 167 Computer Monitor Keyboard $1 600 1998 Minimal 173 Computer Monitor Keyboard $1 600 1998 Minimal 230 Computer Monitor Keyboard $500 1998 Minimal RESOLUTION NO 2004-53 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, AUTHORIZING THE PURCHASE OF PUBLIC SAFETY DETECTION EQUIPMENT CONSISTING OF CBRNE DETECTION -STANDOFF EQUIPMENT AND RELATED TRAINING, APPROVING INTERLOCAL AGREEMENT FOR JOINT COMPLETION OF AN URBAN AREAS SECURITY INITIATIVE PROGRAM (THE "AGREEMENT") BETWEEN MIAMI-DADE COUNTY AND THE VILLAGE OF KEY BISCAYNE FOR THE PURPOSE OF CARRYING OUT FY2004 URBAN AREAS SECURITY INITIATIVE PROGRAM OBJECTIVES, AUTHORIZING VILLAGE MANAGER TO EXECUTE THE AGREEMENT, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the attached Interlocal Agreement for Joint Completion of an Urban Areas Security Initiative Program (the "Agreement") between Miami -Dade County (the "County") and the Village of Key Biscayne (the "Village") provides for carrying out the FY 2004 urban areas security initiative (the "UASI") program objectives as part of a Homeland Security initiative, and WHEREAS, the Village Council finds that approval of the Agreement 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 Interlocal Agreement Approved. That the Interlocal Agreement, in substantially the form attached hereto, is hereby approved, and the Village Manager is hereby authorized to execute the Agreement, on behalf of the Village Section 3 Purchase of Equipment Authorized, Source of Funds That pursuant to the Interlocal Agreement, the purchase of public safety detection equipment consisting of CBRNE Detection -Standoff equipment and related training, at a cost of Forty Nine Thousand Seven Hundred and Five ($49,705 00) Dollars is hereby approved The purchase shall be made from governmental contracts pursuant to Village Code Section 2-86 The source of funds for the purchase shall be that which is indicated in the Village Manager's Memorandum which accompanies this Resolution Reimbursement of such cost shall be achieved pursuant to the terms of the Interlocal Agreement Section 4 Implementation That the Village Manager is hereby authonzed to take any action which is necessary to implement the purposes of the Interlocal Agreement and this Resolution Section 5 Effective Date That this Resolution shall take effect immediately upon adoption hereof PASSED AND ADOPTED this 23rd day of November , 2004 'l GCtCa<Ca C MAYOR ROBERT OLDAKOWSKI A /Al° NCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY T 1_ 6oulc( VILLAGE ATTORNEY F /103 001/Resolution/Approving Interlocal Agreement for Urban Areas Securities Initiative Program 11 3 04 • 2 VILLAGE OF KEY BISCAYNE Village Council Robert Oldakowski Mayor Jorge E Mendia Vice Mayor Martha Fdez Leon Broucek Carol Diaz -Castro Mortimer Fried James L Peters Robert L Vernon Village Manager Jacqueline R Menendez Memo Office of the Village Manager DT November 08, 2004 TO norable an lei ejpbers of the Village Council FR ''� elfin -�; enendez, Vie Manager Resolution of the Village Council Authorizing the Purchase of Equipment from the Urban Areas Security Initiative Program RECOMMENDATION The Village Attorney has prepared the enclosed Resolution providing for an Inter local Agreement between Miami -Dade County and the Village of Key Biscayne allowing for the purchase of equipment and training, not to exceed forty nine thousand and seven hundred and five ($49,705 00) dollars provided by the Urban Areas Security Initiative (UASI) as part of a Homeland Security initiative Council is being asked to approve this resolution BACKGROUND The Village of Key Biscayne has identified equipment and training needs that have been reviewed and included in the local UASI spending plan by the Urban Area Work Group and approved by the Department of Homeland Security Office for Domestic Preparedness The Village, will be fully reimbursed for the equipment and training up to the amount identified in the Resolution The funding through the State of Florida Department of Community Affairs, Division of Emergency Management provides assistance to build enhanced and sustainable capacity to prevent, respond to, and recover from threats or acts of terronsm by Chemical, Biological, Radioactive, Nuclear and Explosive (CBRNE) incidents 88 West McIntyre Street • Key Biscayne, Florida 33149 • (305) 365 5514 • Fax (305) 365 8936 MISSION STATEMENT TO PROVIDE A SAFE QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT RESOLUTION NO 2004-54 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING AND APPROVING THE ATTACHED DISASTER RELIEF FUNDING AGREEMENTS BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS AND THE VILLAGE OF KEY BISCAYNE, PROVIDING FOR FEDERAL AND STATE DISASTER RELIEF FUNDING FOR DECLARED MAJOR DISASTER NO FEMA-DR-1545-FL, MAJOR DISASTER NO FEMA-DR-1539-FL AND MAJOR DISASTER NO FEMA-DR-1561-FL, AUTHORIZING VILLAGE MANAGER TO EXECUTE THE AGREEMENTS, AUTHORIZING IMPLEMENTATION OF THE AGREEMENTS, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Tropical Storm and Hurricane Charley beginning August 11, 2004, and thereafter, and Hurricane Frances beginning September 1, 2004, and Hurricane Jeanne, beginning September 26, 2004, and thereafter, had a devastating effect upon the State of Flonda resulting in the declaration of a state of emergency by the Governor in Executive Order 04-192, Executive Order 04-182 and Executive Ordr 04-217, and WHEREAS, the President of the United States has concurred and has declared Major Disaster No FEMA-DR-1545-FL, Major Disaster No FEMA-DR-1539-FL and Major Disaster FEMA-DR-1561-FL in all counties in the State of Flonda, and WHEREAS, the Federal Emergency Management Agency ("FEMA"), as a result of the Presidential Declarations, has made available federal funds for disaster relief activities, and WHEREAS, the Village of Key Biscayne, Flonda (the "Village") is eligible to receive Federal and State assistance for Major Disaster No FEMA-DR-1539-FL, Major Disaster NO FEMA-DR-1545-FL and Major Disaster FEMA-DR-1561-FL 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 Disaster Relief Funding Agreements Approved. That the Disaster Relief Funding Agreements (Agreement No 05 -PA -C%-11-23-02-883, Agreement No 05 -PA -G%-11-23- 02-630 and Agreement No 05 -PA -E=-11-23-02-622), in substantially the form attached hereto, are hereby approved, and the Village Manager is hereby authonzed to execute said Agreements, on behalf of the Village Section 3. Implementation That the Village Manager and Village Attorney are hereby authonzed to take any and all action necessary to implement the terms and conditions of the attached Agreements Section 4 Effective Date. That this Resolution shall take effect immediately upon adoption hereof PASSED AND ADOPTED this 7th day of December , 2004 (,)(-6--'uit(-- MAYOR ROBERT OLDAKOWSKI lova CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY VILLAGE ATTORNEY 2 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH Governor MEMORANDUM TO All Sub -grantees for Public Assistance Disaster Relief Funding VIA Frank J Koutnik FROM Del Streid State Public Assistance Officer DATE November 10, 2004 SUBJECT Executed Disaster Relief Funding Agreement THADDEUS L COHEN AIA Secretary Enclosed is a copy of the Public Assistance Federal and State Funded Subgrant Disaster Relief Funding Agreement for Hurricane Frances FEMA-1545-DR-FL, executed by the department of Community Affairs and the applicant This Public Assistance Agreement provides funds for eligible disaster relief activities specifically descnbed in the approved Project Worksheets (PWs ) Payments of large projects will be made on a cash reimbursements basis, subject to receipt of a "Request for Reimbursement (RFR)" form and a "Summary of Documentation of Expenditures (SOD)" by P W, these are Attachments online at flondapa org Accurate records of disaster cost must be maintained for three (3) years from the date of final payment 2555 SHUMARD OAK BOULEVARD TALLAHASSEE FLORIDA 32399 2100 Phone 850 488 8466/Suncom 278 8466 FAX 850 921 0781/Suncom 291 0781 Internet address http //www dca state fl us CRITICAL STATE CONCERN FIELD OFFICE 2796 Overseas Highway Suite 212 Marathon FL 33050 2227 (305) 289 2402 COMMUNITY PLANNING 2555 Shumard Oak Boulevard Tallahassee FL 32399 2100 (850) 488 2356 EMERGENCY MANAGEMENT 2555 Shumard Oak Boulevard Tallahassee FL 32399 2100 (850) 413 9969 HOUSING & COMMUNITY DEVELOPMENT 2555 Shumard Oak Boulevard Tallahassee FL 32399 2100 (850) 488 7956 State of Florida Department of Community Affairs DISASTER RELIEF FUNDING AGREEMENT Agreement No 05 PA G% 11 23 02 630 CSFA No 52600308, CFDA No 97 036 Subgrantee Key Biscayne Village of FIPS No 086 36300 00 This Agreement is between the State of Florida Department of Community Affairs (hereinafter referred to as the Grantee ) and the undersigned State Agency or political subdivision of the State (hereinafter referred to as the Subgrantee ) This Agreement is based on the existence of the following facts and conditions A WHEREAS Hurricane Frances beginning September 1 2004 and thereafter had a devastating impact upon the State of Florida The severity of the damage and losses resulted in a proclamation of emergency by the Governor in Executive Order 04 192 In consequence of the Event the President of the United States on September 4 2004 declared Major Disaster No FEMA DR 1545 FL in all counties in the State of Florida. As a result the Public Assistance Program was made available to eligible applicants in these Declared counties and B WHEREAS a FEMA State Agreement between the State of Florida and the Federal Emergency Management Agency governing the use of such funds requires the State to share the costs eligible for federal financial assistance and the State has undertaken to share those costs as appropriated with its Subgrantees and C WHEREAS The Grantee represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein and agrees to comply with all the requirements of this Agreement and D WHEREAS the Grantee receives these grant funds from the State of Florida and the federal government and has the authority under Section 252 373 Fla Stat to disburse these funds to the Subgrantees upon the terms and conditions hereinafter set forth and E WHEREAS a Budget Amendment has been prepared and is being considered to provide for the necessary funds and authority for this event Under the Emergency Management Act as amended the Department has authority to administer federal financial assistance from the Agency consequent to a presidential declaration of disaster NOW THEREFORE the Grantee and Subgrantee based upon the existence of the foregoing conditions do further agree to the following ARTICLE I Definitions As used in this Agreement the following terms shall have the following meanings unless another meaning is specified elsewhere A Eligible activities are those activities authorized in the FEMA State Agreement and in the Robert T Stafford Disaster Relief and Emergency Assistance Act Public Law 93 288 as amended 42 U S C § 5121 5201 44 C F R Part 206 and applicable policies of the Federal Emergency Management Agency B FEMA State Agreement is the agreement dated September 4 2004 between the Federal Emergency Management Agency and the State of Florida for the Major Disaster No FEMA 1545 DR FL ARTICLE II Applicable Law The parties agree to all the conditions obligations and duties imposed by the FEMA State Agreement and all applicable state and federal legal requirements including without any limitation 1 on the generality of the foregoing the requirements of 44 C F R Parts 13 and 206 and the policies of the Federal Emergency Management Agency ARTICLE III Funding and Insurance Grantee shall provide funds to the Subgrantee for eligible activities for the projects approved by the Grantee and the Federal Emergency Management Agency as specified in the approved Project Worksheets Allowable costs shall be determined as per 44 C F R Parts 13 and 206 A The approved Project Worksheets shall be transmitted to Subgrantee and shall state the cumulative funding allowed the scope of the eligible project and the costs eligible under this Agreement Project Worksheets may obligate or deobligate funding thereby amending the total funding for the project The approved Project Worksheets shall document the total eligible costs and the total federal share of those costs which shall be seventy five (75) percent of all eligible costs unless a higher percentage is approved Contingent upon an appropriation by the Florida Legislature the Grantee may provide some portion of any nonfederal share for local government and private non profit Subgrantees As a condition of receipt of the federal funding the Subgrantee agrees to provide any nonfederal share not paid by the Grantee B As a condition to funding under this Agreement the Subgrantee agrees that the Grantee may withhold funds otherwise payable to Subgrantee from any disbursement to Grantee upon a determination by Grantee or Federal Emergency Management Agency that funds exceeding the eligible costs have been disbursed to Subgrantee pursuant to this Agreement or any other funding agreement administered by Grantee C As a further condition to funding under this Agreement the Subgrantee agrees to procure insurance sufficient for the type or types of hazards for which the disaster was declared to cover any and all projects to be funded under this Agreement where insurance is available and reasonable Subgrantee shall provide Grantee with a certificate of such insurance as a condition to funding under this Agreement ARTICLE IV Duplication of Benefits Prohibition Subgrantee may not receive funding under this Agreement to pay for damage covered by insurance nor may Subgrantee receive any other duplicate benefits under this Agreement A Subgrantee shall without delay advise Grantee of any insurance coverage for the damage identified on the applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance Subgrantee shall reimburse Grantee without delay for any duplicate benefits Subgrantee may receive from any other source for any damage identified on the applicable Project Worksheets for which Subgrantee has received payment from Grantee to the extent of any such duplication B In the event that Grantee should determine that Subgrantee has received duplicate benefits by its execution of this Agreement the Subgrantee gives Grantee or the Chief Financial Officer Department of Financial Services of the State of Florida the authority to set off the sum of any such duplicate benefits by withholding it from any other funds otherwise due and owing to Subgrantee ARTICLE V Compliance with Environmental, Planning and Permitting Laws Subgrantee shall be responsible for the implementation and completion of the approved projects described in the Project Worksheets in a manner acceptable to Grantee and in accordance with applicable legal requirements The contract documents for any project undertaken by Subgrantee and any land use permitted by or engaged in by Subgrantee shall be consistent with the local government Comprehensive Plan Subgrantee shall ensure that any development or development order complies with all applicable planning permitting and building requirements Subgrantee shall engage such competent engineering building and other technical and professional assistance at all project sites as may be needed to ensure that the project complies with the contract documents ARTICLE VI Required Documentation, Reviews, and Inspections Subgrantee shall create and maintain documentation of work performed and costs incurred on each project identified in a Project Worksheet sufficient to permit a formal audit comporting with ordinary customary and prudent public accounting requirements Upon the failure of Subgrantee to create and maintain such documentation Grantee may terminate further funding under this Agreement and Subgrantee shall reimburse to Grantee all payments disbursed earlier to Subgrantee 2 together with any and all accrued interest A Subgrantee shall submit the following documentation for Large Projects (the Small Project threshold for this declaration is $54 100) 1 A Request for Advance or Reimbursement conforming to the attached sample 2 A Summary of Documentation Form conforming to the sample attached to this Agreement as Attachment B which shall be supported by original documents such as contract documents invoices purchase orders change orders and the like 3 A request for final inspection 4 A signed Project Completion and Certification Report upon the completion of all projects and 5 The Project Completion and Certification Report specified by Paragraph B of this Article B For all projects Subgrantee shall state on the 'Project Completion and Certification Report that all work was performed in accordance with this Agreement and the requirements in each Project Worksheet and shall state the date of completion C Grantee will inspect Small Projects by random selection and will conduct the final inspections on Large Projects to ensure that all work has been performed within the scope of work specified on the Project Worksheets Costs not within the approved scope of work shall not be reimbursed ARTICLE VII Cost Sharing The federal share of the eligible costs specified in the Project Worksheets under this Agreement shall be seventy five (75) percent unless a higher percentage is approved of such costs and the nonfederal share shall be the remaining amount Payment of all or a specified portion of the nonfederal share of such costs is contingent upon a potential future State appropriation defining the apportionment of the nonfederal share Administrative costs in addition to the Project Worksheets that are otherwise eligible under 44 C F R Part 206 and do not require matching funds may also be funded by FEMA ARTICLE VIII Payment of Costs Grantee shall disburse the eligible costs to Subgrantee in accordance with the following procedures A Grantee shall disburse the federal and nonfederal shares of the eligible costs for Small Projects to Subgrantee as soon as practicable after execution of this Agreement and formal notification by the Federal Emergency Management Agency of its approval of the pertinent Project Worksheet B Grantee shall reimburse Subgrantee for the federal and nonfederal shares of the eligible costs for Large Projects as soon as practicable after Subgrantee has delivered the following documents to Grantee 1 A Request for Advance or Reimbursement Form conforming to the sample attached to this Agreement as Attachment A 2 A Summary of Documentation Form conforming to the sample attached to this Agreement which shall be supported by original documents such as contract documents invoices purchase orders change orders and the like and 3 A letter or notification certifying that the reported costs were incurred in the performance of eligible work C Grantee may advance funds under this Agreement to Subgrantee not exceeding the federal share if Subgrantee meets the following conditions 3 1 Subgrantee shall demonstrate to Grantee that Subgrantee has procedures in place to ensure that funds are disbursed to project vendors contractors and subcontractors without unnecessary delay 2 Subgrantee shall submit to Grantee the budget supporting the request 3 Subgrantee shall submit a statement justifying the advance and the proposed use of the funds and specifying the amount of funds requested 4 Subgrantee shall submit a completed Request for Advance or Reimbursement Form and 5 Subgrantee shall pay over to Grantee any interest earned on advances for remittance to the Federal Emergency Management Agency as often as practicable and in any event not later than ten (10) business days after the close of each calendar quarter D Subgrantee may make improvements to the project facility in conjunction with its restoration of the facility to its pre disaster condition in accordance with 44 C F R Part 206 with the prior written approval of Grantee E In any case in which Subgrantee certifies to Grantee in writing that the restoration of a damaged public facility to its pre disaster condition is not in the best interest of the public Subgrantee may request Grantee and the Federal Emergency Management Agency to approve an alternate project in accordance with 44 C F R Part 206 before the commencement of any work F Grantee may in its discretion withhold its portion of the nonfederal share of funding under this Agreement from Subgrantee if Grantee has reason to expect a subsequent unfavorable determination by the Federal Emergency Management Agency that a previous disbursement of funds under this Agreement was improper ARTICLE IX Final Payment Grantee shall disburse the final payment to Subgrantee upon the performance of the following conditions A Subgrantee shall have completed the project B Subgrantee shall have submitted the documentation specified in Articles VI and VIII of this Agreement C In the case of Large Projects the Grantee shall have performed the final Inspection D In the case of Small Projects the Project Listing and Certification shall have been reviewed by Grantee or Grantee shall have performed a final inspection and E Subgrantee shall have requested final reimbursement ARTICLE X Records Maintenance The funding of eligible costs under this Agreement and the performance of all other conditions shall be subject to the following requirements in addition to such other and further requirements as may be imposed by operation of law A The Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments as codified in 44 C F R Part 13 as amended B Office of Management and Budget Circular No A 87 Cost Principles for State and Local Governments as amended C Office of Management and Budget Circular No A 110 Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education Hospitals and Other Non Profit Organizations as amended and D Office of Management and Budget Circular No A 122 Cost Principles for Non Profit Organizations 4 as amended E Subgrantee will maintain all documentation concerning the projects funded under this Agreement until the occurrence of the following events whichever is the later 1 The completion of final inspection and final audit and the final resolution of any issues identified in the same or 2 The expiration of three (3) years from the date of final disbursement under this Agreement F Subgrantee shall make all documentation concerning the projects funded under this Agreement available and accessible to the Comptroller General of the United States the Grantee and the Federal Emergency Management Agency between 8 00 a m and 5 00 p m on weekdays other than official holidays ARTICLE XI Reimbursement of Funds If upon final inspection final audit or other review by Grantee the Federal Emergency Management Agency or other authority determines that the disbursements to Subgrantee under this Agreement exceed the eligible costs Subgrantee shall reimburse to Grantee the sum by which the total disbursements exceed the eligible costs within forty five (45) days from the date Subgrantee is notified of such determination ARTICLE XII Audit Subgrantee shall submit an Audit of Agreement Compliance to Grantee and shall have an independent audit performed by a Certified Public Accountant if its total expenditures of federal financial assistance for the most recent fiscal year equal or exceed $500 000 00 A Subgrantee will conduct the audit in accordance with the following requirements 1 The standards established by the Comptroller General of the United States as specified in the General Accounting Office Standards for Audit of Governmental Organizations Programs Activities and Functions 2 The standards established by the American Institute of Certified Public Accountants 3 The requirements of § 11 42 Fla Stat and the Rules of the Auditor General 4 The requirements of the Single Audit Act of 1984 Pub L 98 502 as amended 31 U S C §§ 7501 7507 to the extent here applicable and 5 Office of Management and Budget Circular No A 133 as amended to the extent here applicable B The audit shall be identified by the serial contract identification number for this Agreement If the Subgrantee is a private nonprofit organization it shall submit an organization wide audit C The audit shall be due not later than seven (7) months after the close of the fiscal year for Subgrantee except where Grantee and Subgrantee have mutually agreed upon another date D Subgrantee shall conduct such additional audits as Grantee or the Federal Emergency Management Agency may determine necessary to determine the adequacy accuracy and reliability of the internal procedures Sub grantee has in place to protect its assets and to ensure compliance with this Agreement E If this Agreement is closed out without an audit Grantee may recover from Subgrantee any disallowed costs identified in an audit after such closeout ARTICLE XIII Noncompliance If the Subgrantee violates this Agreement or any legislation regulation statute rule or other legal requirement applicable to the performance of this Agreement the Grantee may withhold any disbursement otherwise due Subgrantee for the project with respect to which the violation has occurred until the 5 violation is cured or has otherwise come to final resolution If the violation is not cured Grantee may terminate this Agreement and invoke its remedies under the Agreement as per Articles XVIII and XXIII of this Agreement ARTICLE XIV Nondiscrimination by Contractors Subgrantee shall undertake an active program of nondiscrimination in its administration of disaster assistance under this Agreement as per 44 C F R Parts 7 and 16 and 44 C F R Part 206 Subgrantee shall also be subject to the requirements in the General Services Administrative Consolidated List of Debarred Suspended and Ineligible Contractors in accordance with 44 C F R Part 17 ARTICLE XV Modification The time for performance of this Agreement may be extended once unless the failure of Subgrantee to close out the project is caused by events beyond its control A modification extending the time for completion of the project and any other modification shall be in writing and shall take effect only upon execution by both parties Modifications to any Project Worksheet to be funded under this Agreement may be requested by Subgrantee through Grantee but the approval of any such modifications shall reside in the sole discretion of the Federal Emergency Management Agency Any approved modification to a project Worksheet shall be noted in a Supplemental Project Worksheet for the project If otherwise allowed under this Agreement any extension shall be in writing and shall be subject to the same terms and conditions as those set out in the initial Agreement ARTICLE XVI Time for Performance Time shall be of the essence of this Agreement and of the performance of all conditions under it Subject to any modification extending the time for the performance of this Agreement approved by Grantee or the Federal Emergency Management Agency the time for the performance of emergency work shall be six (6) months from the date of the Presidential Declaration The time for the performance of permanent work shall be eighteen (18) months from the date of the Presidential Declaration For Large Projects the Summary of Documentation and the supporting documents identified in Article VI of this Agreement shall be submitted to the Grantee not later than sixty (60) days after the date of the last modification extending the Agreement Subgrantee shall submit the completed Project Listing to Grantee not later than thirty (30) days from the completion of all work or the approval of the Final Inspection by the Federal Emergency Management Agency whichever is later The time for the performance of this Agreement may be extended for cause by Grantee Extensions shall not be approved for delays caused for lack of cost share funding If any extension request is denied Subgrantee shall be reimbursed for eligible project costs incurred up to the latest approved date for completion Failure to complete any project will be adequate cause for the termination of funding for that project ARTICLE XVII Contracts With Others If the Subgrantee contracts with any other contractor or vendor for performance of all or any portion of the work required under this Agreement the Subgrantee shall incorporate into its contract with such contractor or vendor an indemnification clause holding Grantee and Subgrantee harmless from liability to third parties for claims asserted under such contract ARTICLE XVIII Termination Either of the parties may terminate this Agreement by notice in writing delivered to the address specified in Article XXV of this Agreement Such termination shall take effect thirty (30) days after the date of such notice Such termination shall not affect the rights interests duties or responsibilities of either of the parties or any allowable costs that have accrued as of the date of the notice of termination ARTICLE XIX Liability Grantee assumes no liability to third parties in connection with this Agreement Unless the Subgrantee is a governmental entity covered by § 768 28(5) Fla Stat the Subgrantee shall be solely responsible to any and all contractors vendors and other parties with whom it contracts in performing this Agreement Unless the Subgrantee is a governmental entity within the meaning of the preceding sentence Subgrantee shall indemnify Grantee form claims asserted by to third parties in connection with the performance of this Agreement holding Grantee and Subgrantee harmless from the same Also A For the purpose of this Agreement the Grantee and Subgrantee agree that neither one is an employee or agent of the other but that each one stands as an independent contractor in relation to the other B Nothing in this Agreement shall be construed as a waiver by Grantee or Subgrantee of any legal immunity nor shall anything in this Agreement be construed as consent by either of the parties to be sued by third parties in connection with any matter arising from the performance of this Agreement C Subgrantee represents that to the best of its knowledge any hazardous substances at its project site or sites 6 are present in quantities within statutory and regulatory limitations and do not require remedial action under any federal state or local legal requirements concerning such substances Subgrantee further represents that the presence of any such substance or any condition at the site caused by the presence of any such substance shall be addressed in accordance with all applicable legal requirements ARTICLE XX Reports Subgrantee shall provide Quarterly Reports to Grantee on the Quarterly Report Form conforming to the sample attached as Attachment C The first Quarterly Report shall be due at such time as Subgrantee is notified All subsequent Quarterly Reports shall be due no later than fifteen (15) days after each calendar quarter through final inspection Quarterly Reports shall indicate the anticipated completion date for each project together with any other circumstances that may affect the completion date the scope of work the project costs or any other factors that may affect compliance with this Agreement Interim inspections shall be scheduled by Subgrantee before the final inspection and may be required by Grantee based on information supplied in the Quarterly Reports Grantee may require additional reports as needed and Subgrantee shall provide any additional reports requested by Grantee as soon as practicable With respect to the Request for Advance or Reimbursement the Summary of Documentation and the Quarterly Reports the contact for Grantee will be the State Public Assistance Officer ARTICLE XXI Standard Conditions Subgrantee agrees to the following conditions A The performance and obligation of Grantee to pay under this Agreement is contingent upon an annual appropriation by the Legislature and the disbursement to Grantee of federal funding in accordance with § 252 37(4) Fla Stat B Bills for fees or other compensation for services or expenses must be submitted in detail sufficient for a proper pre audit and post audit C Grantee may terminate this Agreement for refusal by the Subgrantee and its contractors and subcontractors to allow public inspection of any records subject to the disclosure requirements in § 119 07(1) Fla Stat that are made or received by Subgrantee or its contractors and subcontractors in connection with this Agreement Substantial evidence of noncompliance by Subgrantee or its contractors and subcontractors with these requirements shall constitute the nonperformance of a condition under this Agreement and shall be adequate cause for termination D Subgrantee agrees that no funds disbursed to it under this Agreement will be used for the purpose of lobbying the Legislature or any of its members any employee of the State of Florida, any member of Congress any officer or employee of Congress or any employee of a Member of Congress in connection with this Agreement or any modifications to this Agreement E Subgrantee certifies that it possesses the legal authority to receive the funds F Subgrantee agrees that responsibility for compliance with this Agreement rests with Subgrantee and further agrees that noncompliance with this Agreement shall be cause for the rescission suspension or termination of funding under this Agreement and may affect eligibility for funding under future Subgrantee Agreements ARTICLE XXII Term This Agreement shall take effect upon its execution by both parties and shall terminate upon approval of closeout by the Federal Emergency Management Agency unless terminated earlier as specified elsewhere in this Agreement Subgrantee shall commence project(s) specified by this Agreement without delay ARTICLE XXIII Events of Default, Remedies, and Termination A Upon the occurrence of any one or more of the following events all obligations of Grantee to disburse further funds under this Agreement shall terminate at the option of Grantee Notwithstanding the preceding sentence Grantee may at its option continue to make payments or portions of payments after the occurrence of any one or more 7 such events without waiving the right to exercise such remedies and without incurring liability for further payment Grantee may at its option terminate this Agreement and any and all funding under this Agreement upon the occurrence of any one or more of the following 1 Any representation by Subgrantee in this Agreement is inaccurate or incomplete in any material respect or Subgrantee has breached any condition of this Agreement or any previous agreement with Grantee and has not cured in timely fashion or is unable or unwilling to meet its obligations under this Agreement 2 Subgrantee suffers any material adverse change in its financial condition while this Agreement is in effect as compared to its financial condition as represented in any reports or other documents submitted to Grantee if Subgrantee has not cured the condition within thirty (30) days after notice in writing from Grantee 3 Any reports required by this Agreement have not been submitted to Grantee or have been submitted with inaccurate incomplete or inadequate information or 4 The monies necessary to fund this Agreement are unavailable due to any failure to appropriate or other action or inaction by the Congress Legislature Office of the Comptroller or Office of Management and Budget B Upon the occurrence of any one or more of the following events Grantee may at its option give notice in writing to Subgrantee to cure its failure of performance if such failure may be cured Upon the failure of Subgrantee to cure Grantee may exercise any one or more of the following remedies 1 Terminate this Agreement upon not less than fifteen (15) days notice of such termination by certified letter to the Subgrantee at the address specified in Article XXV of this Agreement such notice to take effect when delivered to Subgrantee 2 Commence a legal action for the judicial enforcement of this Agreement 3 Withhold the disbursement of any payment or any portion of a payment otherwise due and payable under this Agreement or any other Agreement with Subgrantee and 4 Take any other remedial actions that may otherwise be available under law C Grantee may terminate this Agreement for any misrepresentation of material fact for failure or non performance of any Agreement condition or obligation or for noncompliance with any applicable legal requirement D Rescission suspension or termination of this Agreement shall constitute final action by the Grantee within the meaning of the Administrative Procedure Act as amended Notwithstanding the preceding sentence any deobligation of funds or other determination by the Federal Emergency Management Agency shall be addressed in accordance with the regulations of that Agency E Upon the rescission suspension or termination of this Agreement the Subgrantee shall refund to Grantee all funds disbursed to Subgrantee under this Agreement F The venue of any action or proceeding by either Grantee or Subgrantee for enforcement of this Agreement or for adjudication of rights interests or duties of the parties to it shall lie in Leon County State of Florida G Notwithstanding anything to the contrary elsewhere in this Agreement the rescission suspension or termination of this Agreement by Grantee shall not relieve Subgrantee of liability to Grantee for the restitution of funds advanced to Subgrantee under this Agreement and Grantee may set off any such funds by withholding future disbursements otherwise due Subgrantee under this Agreement or any other Agreement until such time as the exact amount of restitution due Grantee from Subgrantee is determined In the event the Federal Emergency Management Agency should deobligate funds formerly allowed under this Agreement or under any other Agreement funded by the Agency and administered by Grantee then Subgrantee shall immediately repay such funds to Grantee If the Subgrantee fails to repay any such funds then Grantee may recover the same from funding otherwise due Subgrantee ARTICLE XXIV Attachments A All attachments to this Agreement are incorporated into this Agreement by reference as if set out fully in the text of the Agreement itself 8 B In the event of any inconsistencies between the language of this Agreement and the Attachments to it the language of the Attachments shall be controlling but only to the extent of such inconsistencies C This Agreement has the following attachments 1 Attachment A 2 Attachment B 3 Attachment C 4 Attachment D Request for Advance or Reimbursement Summary of Documentation of Expenses Claimed Quarterly Report Form Subgrantee Annual Budget Projection Form Note All other grant administrative forms will be provided by Grantee as necessary or posted on the DEM website www floridadisaster org The subgrantee may be provided the option of using electronic forms placed on our Internet based document management system at http //dcaenterprise eoconline org ARTICLE XXV Notice and Contact All notices under this Agreement shall be in writing and shall be delivered by Internet by telefacsimile by hand or by certified letter to the following respective addresses FOR THE GRANTEE W Craig Fugate Director Division of Emergency Management Department of Community Affairs 2555 Shumard Oak Blvd Tallahassee Florida 32399 2100 FOR THE SUBGRANTEE Carolyn P Greaves Village of Key Biscayne 88 W. McIntyre Street Key Biscayne, FL 33149 ARTICLE XXVI Designation of Agent Subgrantee hereby designates Carolyn P Greaves as its primary agent and designates Maite Miyares as its alternate agent to execute any Request for Advance or Reimbursement certification or other necessary documentation IN WITNESS HEREOF the Grantee and Subgrantee have executed this Agreement FOR THE GRANTEE DEPARTMENT OF COMMUNITY AFFAIRS State of Florida By C W Craig Fugate Director Division of Emergency agement (Date) Public Assistance Program Program L Jacqueline R Menendez (Name) Village Manager (Title) November 5, 2004 (Date) 65-0291811 Federal Employer Identification Number (FEIN) 9 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH Governor MEMORANDUM TO All Sub -grantees for Public Assistance Disaster Relief Funding VIA Frank J Koutnik FROM Del Streid State Public Assistance Officer DATE November 10, 2004 SUBJECT Executed Disaster Relief Funding Agreement THADDEUS L COHEN AIA Secretary Enclosed is a copy of the Public Assistance Federal and State Funded Subgrant Disaster Relief Funding Agreement for Hurricane Jeanne FEMA-1561-DR-FL, executed by the department of Community Affairs and the applicant This Public Assistance Agreement provides funds for eligible disaster relief activities specifically descnbed in the approved Project Worksheets (PWs ) Payments of large projects will be made on a cash reimbursements basis, subject to receipt of a "Request for Reimbursement (RFR)" form and a "Summary of Documentation of Expenditures (SOD)" by P W, these are Attachments online at flondapa org Accurate records of disaster cost must be maintained for three (3) years from the date of final payment 2555 SHUMARD OAK BOULEVARD TALLAHASSEE FLORIDA 32399 2100 Phone 850 488 8466/Suncom 278 8466 FAX 850 921 0781/Suncom 291 0781 Internet address http //www dca state fl us CRITICAL STATE CONCERN FIELD OFFICE 2796 Overseas Highway Suite 212 Marathon FL 33050 2227 (305) 289 2402 COMMUNITY PLANNING 2555 Shumard Oak Boulevard Tallahassee FL 32399 2100 (850) 488 2356 EMERGENCY MANAGEMENT 2555 Shumard Oak Boulevard Tallahassee FL 32399 2100 (850) 413 9969 HOUSING & COMMUNITY DEVELOPMENT 2555 Shumard Oak Boulevard Tallahassee FL 32399 2100 (850) 488 7956 STATE OF FLORIDA Department of Community Affairs DISASTER RELIEF FUNDING AGREEMENT Agreement No 05 PA E= 11 23 02 622 CSFA No 52600308, CFDA No 97 036 Subgrantee Key Biscayne Village of FIPS No 086 36300 00 This Agreement is between the State of Flonda Department of Community Affairs (hereinafter referred to as the Grantee ) and the undersigned State Agency or political subdivision of the State or pnvate nonprofit organization (hereinafter referred to as the Subgrantee ) This Agreement is based on the existence of the following facts and conditions A WHEREAS Hurricane Jeanne beginning September 26 2004 and thereafter had a devastating impact upon the State of Florida The seventy of the damage and losses resulted in a proclamation of emergency by the Governor in Executive Order 04 217 In consequence of the Event the President of the United States on September 26 2004 declared Major Disaster No FEMA DR 1561 FL in Brevard Citrus Charlotte Collier DeSoto Glades Hardee Hendry Hernando Highlands Hillsborough Indian River Lake Lee Levy Manatee Manon Martin Miami Dade Okeechobee Orange Osceola Palm Beach Pasco Pinellas Polk Sarasota Seminole St Lucie Sumter and additional counties that may be identified later in the State of Flonda. As a result the Public Assistance Program was made available to eligible applicants in these Declared counties and B WHEREAS a FEMA State Agreement between the State of Flonda and the Federal Emergency Management Agency governing the use of such funds requires the State to share the costs eligible for federal financial assistance and the State has undertaken to share those costs as appropnated with its Subgrantees and C WHEREAS the Grantee represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein and agrees to comply with all the requirements of this Agreement and D WHEREAS the Grantee receives these grant funds from the State of Flonda and the federal government and has the authority under Section 252 373 Fla Stat to disburse these funds to the Subgrantees upon the terms and conditions hereinafter set forth and E WHEREAS a Budget Amendment has been prepared and is being considered to provide for the necessary funds and authority for this event Under the Emergency Management Act as amended the Department has authonty to administer federal financial assistance from the Federal Emergency Management Agency consequent to a presidential declaration of disaster NOW THEREFORE the Grantee and Subgrantee based upon the existence of the foregoing conditions do further agree to the following ARTICLE I Definitions As used in this Agreement the following terms shall have the following meanings unless another meaning is specified elsewhere A Eligible activities are those activities authorized in the FEMA State Agreement and in the Robert T Stafford Disaster Relief and Emergency Assistance Act Public Law 93 288 as amended 42 U S C § 5121 5201 44 C F R Part 206 and applicable policies of the Federal Emergency Management Agency B FEMA State Agreement is the agreement dated September 26 2004 between the Federal Emergency Management Agency and the State of Flonda for the Major Disaster No FEMA 1561 DR FL 1 ARTICLE II Applicable Law The parties agree to all the conditions obligations and duties imposed by the FEMA State Agreement and all applicable state and federal legal requirements including without any limitation on the generality of the foregoing the requirements of 44 C F R Parts 13 and 206 and the policies of the Federal Emergency Management Agency ARTICLE III Funding and Insurance Grantee shall provide funds to the Subgrantee for eligible activities for the projects approved by the Grantee and the Federal Emergency Management Agency as specified in the approved Project Worksheets Allowable costs shall be determined as per 44 C F R Parts 13 and 206 which shall be ninety (90) percent of all eligible costs A The approved Project Worksheets shall be transmitted to Subgrantee and shall state the cumulative funding allowed the scope of the eligible project and the costs eligible under this Agreement Project Worksheets may obligate or deobligate funding thereby amending the total funding for the project The approved Project Worksheets shall document the total eligible costs and the total federal share of those costs which shall be ninety (90) percent of all eligible costs unless a higher percentage is approved Contingent upon an appropriation by the Florida Legislature the Grantee may provide some portion of any nonfederal share for local government Subgrantees As a condition of receipt of the federal funding the Subgrantee agrees to provide any nonfederal share not paid by the Grantee B As a condition to funding under this Agreement the Subgrantee agrees that the Grantee may withhold funds otherwise payable to Subgrantee from any disbursement to Grantee upon a determination by Grantee or Federal Emergency Management Agency that funds exceeding the eligible costs have been disbursed to Subgrantee pursuant to this Agreement or any other funding agreement administered by Grantee C As a further condition to funding under this Agreement the Subgrantee agrees to procure insurance sufficient for the type or types of hazards for which the disaster was declared to cover any and all projects to be funded under this Agreement where insurance is available and reasonable Subgrantee shall provide Grantee with a certificate of such insurance as a condition to funding under this Agreement ARTICLE IV Duplication of Benefits Prohibition Subgrantee may not receive funding under this Agreement to pay for damage covered by insurance nor may Subgrantee receive any other duplicate benefits under this Agreement A Subgrantee shall without delay advise Grantee of any insurance coverage for the damage identified on the applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance Subgrantee shall reimburse Grantee without delay for any duplicate benefits Subgrantee may receive from any other source for any damage identified on the applicable Project Worksheets for which Subgrantee has received payment from Grantee to the extent of any such duplication B In the event that Grantee should determine that Subgrantee has received duplicate benefits by its execution of this Agreement the Subgrantee gives Grantee or the Chief Financial Officer Department of Financial Services of the State of Florida the authority to set off the sum of any such duplicate benefits by withholding it from any other funds otherwise due and owing to Subgrantee ARTICLE V Compliance with Environmental, Planning and Permitting Laws Subgrantee shall be responsible for the implementation and completion of the approved projects described in the Project Worksheets in a manner acceptable to Grantee and in accordance with applicable legal requirements The contract documents for any project undertaken by Subgrantee and any land use permitted by or engaged in by Subgrantee shall be consistent with the local government Comprehensive Plan Subgrantee shall ensure that any development or development order complies with all applicable planning permitting and building requirements Subgrantee shall engage such competent engineering building and other technical and professional assistance at all project sites as may be needed to ensure that the project complies with the contract documents ARTICLE VI Required Documentation, Reviews, and Inspections Subgrantee shall create and 2 maintain documentation of work performed and costs incurred on each project identified in a Project Worksheet sufficient to permit a formal audit comporting with ordinary customary and prudent public accounting requirements Upon the failure of Subgrantee to create and maintain such documentation Grantee may terminate further funding under this Agreement and Subgrantee shall reimburse to Grantee all payments disbursed earlier to Subgrantee together with any and all accrued interest A Subgrantee shall submit the following documentation for Large Projects (the Small Project threshold for this declaration is $54 100) 1 A Request for Reimbursement conforming to the sample attached to this Agreement as Attachment C 2 A Summary of Documentation Form conforming to the sample attached to this Agreement as Attachment D which shall be supported by onginal documents such as contract documents invoices purchase orders change orders and the like 3 A request for final inspection 4 A signed Project Completion and Certification Report upon the completion of all projects and 5 The Project Completion and Certification Report specified by Paragraph B of this Article B For all projects Subgrantee shall state on the Project Completion and Certification Report that all work was performed in accordance with this Agreement and the requirements in each Project Worksheet and shall state the date of completion C Grantee will inspect Small Projects by random selection and will conduct the final inspections on Large Projects to ensure that all work has been performed within the scope of work specified on the Project Worksheets Costs not within the approved scope of work shall not be reimbursed ARTICLE VII Cost Sharing The federal share of the eligible costs specified in the Project Worksheets under this Agreement shall be ninety (90) percent of such costs unless a higher percentage is approved of such costs and the nonfederal share shall be the remaining amount Payment of all or a specified portion of the nonfederal share of such costs is contingent upon a potential future State appropnation defining the apportionment of the nonfederal share Administrative costs in addition to the Project Worksheets that are otherwise eligible under 44 C F R Part 206 and do not require matching funds may also be funded by FEMA ARTICLE VIII Payment of Costs Grantee shall disburse the eligible costs to Subgrantee in accordance with the following procedures A Grantee shall disburse the federal and nonfederal shares of the eligible costs for Small Projects to Subgrantee as soon as practicable after execution of this Agreement and formal notification by the Federal Emergency Management Agency of its approval of the pertinent Project Worksheet B Grantee shall reimburse Subgrantee for the federal and nonfederal shares of the eligible costs for Large Projects as soon as practicable after Subgrantee has delivered the following documents to Grantee 1 A Request for Reimbursement Form conforming to the sample attached to this Agreement as Attachments C 2 A Summary of Documentation Form conforming to the sample attached to this Agreement as Attachment D which shall be supported by onginal documents such as contract documents invoices purchase orders change orders and the like and is also available at www flondapa org and 3 3 A letter or notification certifying that the reported costs were incurred in the performance of eligible work C Grantee may advance funds under this Agreement to Subgrantee not exceeding the federal share if Subgrantee meets the following conditions 1 Subgrantee shall certify to Grantee that Subgrantee has procedures in place to ensure that funds are disbursed to project vendors contractors and subcontractors without unnecessary delay 2 Subgrantee shall submit to Grantee the budget supporting the request 3 Subgrantee shall submit a statement justifying the advance and the proposed use of the funds and specifying the amount of funds requested 4 Subgrantee shall submit a completed Request for Advance and Schedule of Projected Expenditures Forms conforming to the samples attached to this Agreement as Attachments A and B and is also available at www flondapa org and 5 Subgrantee shall pay over to Grantee any interest earned on advances for remittance to the Federal Emergency Management Agency as often as practicable and in any event not later than ten (10) business days after the close of each calendar quarter D Subgrantee may make improvements to the project facility in conjunction with its restoration of the facility to its pre disaster condition in accordance with 44 C F R Part 206 with the prior written approval of Grantee E In any case in which Subgrantee certifies to Grantee in writing that the restoration of a damaged public facility to its predisaster condition is not in the best interest of the public Subgrantee may request Grantee and the Federal Emergency Management Agency to approve an alternate project in accordance with 44 C F R Part 206 before the commencement of any work F Grantee may in its discretion withhold its portion of the nonfederal share of funding under this Agreement from Subgrantee if Grantee has reason to expect a subsequent unfavorable determination by the Federal Emergency Management Agency that a previous disbursement of funds under this Agreement was improper ARTICLE IX Final Payment Grantee shall disburse the final payment to Subgrantee upon the performance of the following conditions A Subgrantee shall have completed the project B Subgrantee shall have submitted the documentation specified in Articles VI and VIII of this Agreement C In the case of Large Projects the Grantee shall have performed the final inspection D In the case of Small Projects the Project Listing and Certification shall have been reviewed by Grantee or Grantee shall have performed a final inspection and E Subgrantee shall have requested final reimbursement ARTICLE X Records Maintenance The funding of eligible costs under this Agreement and the performance of all other conditions shall be subject to the following requirements in addition to such other and further requirements as may be imposed by operation of law A The Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments as codified in 44 C F R Part 13 as amended 4 B Office of Management and Budget Circular No A 87 Cost Pnnciples for State and Local Governments as amended C Office of Management and Budget Circular No A 110 Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education Hospitals and Other Non Profit Organizations as amended and D Office of Management and Budget Circular No A 122 Cost Pnnciples for Non Profit Organizations as amended E Subgrantee will maintain all documentation concerning the projects funded under this Agreement until the occurrence of the following events whichever is the later 1 The completion of final inspection and final audit and the final resolution of any issues identified in the same or 2 The expiration of three (3) years from the date of disaster closeout under this Agreement F Subgrantee shall make all documentation concerning the projects funded under this Agreement available and accessible to the Comptroller General of the United States the Grantee and the Federal Emergency Management Agency between 8 00 a m and 5 00 p m on weekdays other than official holidays ARTICLE XI Reimbursement of Funds If upon final inspection final audit or other review by Grantee the Federal Emergency Management Agency or other authonty determines that the disbursements to Subgrantee under this Agreement exceed the eligible costs Subgrantee shall reimburse to Grantee the sum by which the total disbursements exceed the eligible costs within forty five (45) days from the date Subgrantee is notified of such determination ARTICLE XII Audit Subgrantee shall submit an Audit of Agreement Compliance to Grantee and shall have an independent audit performed by a Certified Public Accountant if its total expenditures of federal financial assistance for the most recent fiscal year equal or exceed $500 000 00 A Subgrantee will conduct the audit in accordance with the following requirements 1 The standards established by the Comptroller General of the United States as specified in the General Accounting Office Standards for Audit of Governmental Organizations Programs Activities and Functions 2 The standards established by the Amencan Institute of Certified Public Accountants 3 The requirements of § 11 42 Fla Stat and the Rules of the Auditor General 4 The requirements of the Single Audit Act of 1984 Pub L 98 502 as amended 31 U S C §§ 7501 7507 to the extent here applicable and 5 Office of Management and Budget Circular No A 133 as amended to the extent here applicable B The audit shall be identified by the sepal contract identification number for this Agreement If the Subgrantee is a pnvate nonprofit organization it shall submit an organization wide audit C The audit shall be due not later than seven (7) months after the close of the fiscal year for Subgrantee except where Grantee and Subgrantee have mutually agreed upon another date D Subgrantee shall conduct such additional audits as Grantee or the Federal Emergency Management Agency may determine necessary to determine the adequacy accuracy and reliability of the internal procedures 5 Subgrantee has in place to protect its assets and to ensure compliance with this Agreement E If this Agreement is closed out without an audit Grantee may recover from Subgrantee any disallowed costs identified in an audit after such closeout ARTICLE XIII Noncompliance If the Subgrantee violates this Agreement or any legislation regulation statute rule or other legal requirement applicable to the performance of this Agreement the Grantee may withhold any disbursement otherwise due Subgrantee for the project with respect to which the violation has occurred until the violation is cured or has otherwise come to final resolution If the violation is not cured Grantee may terminate this - Agreement and invoke its remedies under the Agreement as per Articles XVIII and XXIII of this Agreement ARTICLE XIV Nondiscrimination by Contractors Subgrantee shall undertake an active program of nondiscnmination in its administration of disaster assistance under this Agreement as per 44 C F R Parts 7 and 16 and 44 C F R Part 206 Subgrantee shall also be subject to the requirements in the General Services Administrative Consolidated List of Debarred Suspended and Ineligible Contractors in accordance with 44 C F R Part 17 ARTICLE XV Modification The time for performance of this Agreement may be extended once unless the failure of Subgrantee to close out the project is caused by events beyond its control A modification extending the time for completion of the project and any other modification shall be in wnting and shall take effect only upon execution by both parties Modifications to any Project Worksheet to be funded under this Agreement may be requested by Subgrantee through Grantee but the approval of any such modifications shall reside in the sole discretion of the Federal Emergency Management Agency Any approved modification to a Project Worksheet shall be noted in an additional Project Worksheet version for the project If otherwise allowed under this Agreement any extension shall be in writing and shall be subject to the same terms and conditions as those set out in the initial Agreement ARTICLE XVI Time for Performance Time shall be of the essence of this Agreement and of the performance of all conditions under it Subject to any modification extending the time for the performance of this Agreement approved by Grantee or the Federal Emergency Management Agency the time for the performance of emergency work shall be six (6) months from the date of the Presidential Declaration The time for the performance of permanent work shall be eighteen (18) months from the date of the Presidential Declaration For Large Projects the Summary of Documentation and the supporting documents identified in Article VI of this Agreement shall be submitted to the Grantee not later than sixty (60) days after the extension date of the last modification extending the Agreement Subgrantee shall submit the completed Project Listing to Grantee not later than thirty (30) days from the completion of all work or the approval of the Final Inspection by the Federal Emergency Management Agency whichever is later The time for the performance of this Agreement may be extended for cause by Grantee Extensions shall not be approved for delays caused by lack of cost share funding If any extension request is denied Subgrantee shall be reimbursed for eligible project costs incurred up to the latest approved date for completion Failure to complete any project will be adequate cause for the termination of funding for that project ARTICLE XVII Contracts With Others If the Subgrantee contracts with any other contractor or vendor for performance of all or any portion of the work required under this Agreement the Subgrantee shall incorporate into its contract with such contractor or vendor an indemnification clause holding Grantee and Subgrantee harmless from liability to third parties for claims asserted under such contract ARTICLE XVIII Termination Either of the parties may terminate this Agreement by notice in wnting delivered to the address specified in Article XXV of this Agreement Such termination shall take effect thirty (30) days after the date of such notice Such termination shall not affect the nghts interests duties or responsibilities of either of the parties or any allowable costs that have accrued as of the date of the notice of termination ARTICLE XIX Liability Grantee assumes no liability to third parties in connection with this Agreement Unless the Subgrantee is a governmental entity covered by § 768 28(5) Fla Stat the Subgrantee shall be solely responsible to any and all contractors vendors and other parties with whom it contracts in performing this Agreement Unless the Subgrantee is a governmental entity within the meaning of the preceding sentence Subgrantee shall indemnify Grantee from claims asserted by to third parties in connection with the performance of this Agreement 6 holding Grantee and Subgrantee harmless from the same Also A For the purpose of this Agreement the Grantee and Subgrantee agree that neither one is an employee or agent of the other but that each one stands as an independent contractor in relation to the other B Nothing in this Agreement shall be construed as a waiver by Grantee or Subgrantee of any legal immunity nor shall anything in this Agreement be construed as consent by either of the parties to be sued by third parties in connection with any matter ansmg from the performance of this Agreement C Subgrantee represents that to the best of its knowledge any hazardous substances at its project site or sites are present in quantities within statutory and regulatory limitations and do not require remedial action under any federal state or local legal requirements concerning such substances Subgrantee further represents that the presence of any such substance or any condition at the site caused by the presence of any such substance shall be addressed in accordance with all applicable legal requirements ARTICLE XX Reports Subgrantee shall provide Quarterly Reports to Grantee on the Quarterly Report Form conforming to the sample attached as Attachment E The first Quarterly Report shall be due at such time as Subgrantee is notified All subsequent Quarterly Reports shall be due no later than fifteen (15) days after each calendar quarter through final inspection Quarterly Reports shall indicate the anticipated completion date for each project together with any other circumstances that may affect the completion date the scope of work the project costs or any other factors that may affect compliance with this Agreement Interim inspections shall be scheduled by Subgrantee before the final inspection and may be required by Grantee based on information supplied in the Quarterly Reports Grantee may require additional reports as needed and Subgrantee shall provide any additional reports requested by Grantee as soon as practicable With respect to the Request for Advance or Reimbursement the Summary of Documentation and the Quarterly Reports the contact for Grantee will be the State Public Assistance Officer ARTICLE XXI Standard Conditions Subgrantee agrees to the following conditions A The performance and obligation of Grantee to pay under this Agreement is contingent upon an annual appropriation by the Legislature and the disbursement to Grantee of federal funding in accordance with § 252 37(4) Fla Stat B Bills for fees or other compensation for services or expenses must be submitted in detail sufficient for a proper pre audit and post audit C Grantee may terminate this Agreement for refusal by the Subgrantee and its contractors and subcontractors to allow public inspection of any records subject to the disclosure requirements in § 119 07(1) Fla Stat that are made or received by Subgrantee or its contractors and subcontractors in connection with this Agreement Substantial evidence of noncompliance by Subgrantee or its contractors and subcontractors with these requirements shall constitute the nonperformance of a condition under this Agreement and shall be adequate cause for termination D Subgrantee agrees that no funds disbursed to it under this Agreement will be used for the purpose of lobbying the Legislature or any of its members any employee of the State of Florida any Member of Congress any officer or employee of Congress or any employee of a Member of Congress in connection with this Agreement or any modifications to this Agreement E Subgrantee certifies that it possesses the legal authority to receive the funds F Subgrantee agrees that responsibility for compliance with this Agreement rests with Subgrantee and further agrees that noncompliance with this Agreement shall be cause for the rescission suspension or termination of funding under this Agreement and may affect eligibility for funding under future Subgrantee Agreements ARTICLE XXII Term This Agreement shall take effect upon its execution by both parties and shall terminate upon approval of closeout by the Federal Emergency Management Agency unless terminated earlier as specified elsewhere in this Agreement Subgrantee shall commence project(s) specified by this Agreement without delay 7 ARTICLE XXIII Events of Default, Remedies, and Termination A Upon the occurrence of any one or more of the following events all obligations of Grantee to disburse further funds under this Agreement shall terminate at the option of Grantee Notwithstanding the preceding sentence Grantee may at its option continue to make payments or portions of payments after the occurrence of any one or more such events without waiving the nght to exercise such remedies and without incurring liability for further payment Grantee may at its option terminate this Agreement and any and all funding under this Agreement upon the occurrence of any one or more of the following 1 Any representation by Subgrantee in this Agreement is inaccurate or incomplete in any material respect or Subgrantee has breached any condition of this Agreement or any previous agreement with Grantee and has not cured in timely fashion or is unable or unwilling to meet its obligations under this Agreement 2 Subgrantee suffers any material adverse change in its financial condition while this Agreement is in effect as compared to its financial condition as represented in any reports or other documents submitted to Grantee if Subgrantee has not cured the condition within thirty (30) days after notice in wntmg from Grantee 3 Any reports required by this Agreement have not been submitted to Grantee or have been submitted with inaccurate incomplete or inadequate information or 4 The monies necessary to fund this Agreement are unavailable due to any failure to appropriate or other action or inaction by the Congress Legislature Office of the Comptroller or Office of Management and Budget B Upon the occurrence of any one or more of the foregoing events Grantee may at its option give notice in writing to Subgrantee to cure its failure of performance if such failure may be cured Upon the failure of Subgrantee to cure Grantee may exercise any one or more of the following remedies 1 Terminate this Agreement upon not less than fifteen (15) days notice of such termination by certified letter to the Subgrantee at the address specified in Article XXV of this Agreement such notice to take effect when delivered to Subgrantee 2 Commence a legal action for the judicial enforcement of this Agreement 3 Withhold the disbursement of any payment or any portion of a payment otherwise due and payable under this agreement or any other agreement with Subgrantee and 4 Take any other remedial actions that may otherwise be available under law C Grantee may terminate this Agreement for any misrepresentation of material fact for failure or non performance of any Agreement condition or obligation or for noncompliance with any applicable legal requirement D Any deobligation of funds or other determination by the Federal Emergency Management Agency shall be addressed in accordance with the regulations of that Agency E Upon the rescission suspension or termination of this Agreement the Subgrantee shall refund to Grantee all funds disbursed to Subgrantee under this Agreement F The venue of any action or proceeding by either Grantee or Subgrantee for enforcement of this Agreement or for adjudication of rights interests or duties of the parties to it shall he in Leon County State of Florida G Notwithstanding anything to the contrary elsewhere in this Agreement the rescission suspension or termination of this Agreement by Grantee shall not relieve Subgrantee of liability to Grantee for the restitution of funds advanced to Subgrantee under this Agreement and Grantee may set off any such funds by withholding future disbursements otherwise due Subgrantee under this Agreement or any other Agreement until such time as the exact amount of restitution due Grantee from Subgrantee is determined In the event the Federal Emergency Management Agency should deobligate funds formerly allowed under this Agreement or under any other Agreement funded by the Agency and administered by Grantee then Subgrantee shall immediately repay such funds to Grantee If the Subgrantee fails to repay any such funds then Grantee may recover the same from funding otherwise due Subgrantee 8 ARTICLE XXIV Attachments A All attachments to this Agreement are incorporated into this Agreement by reference as if set out fully in the text of the Agreement itself B In the event of any inconsistencies between the language of this Agreement and the Attachments to it the language of the Attachments shall be controlling but only to the extent of such inconsistencies C This Agreement has the following attachments 1 Attachment A Request for Advance 2 Attachment B Summary of Projected Expenditures 2 Attachment C Request for Reimbursement 2 Attachment D Summary of Documentation of Expenses Claimed 3 Attachment E Quarterly Report Form 4 Attachment F Subgrantee Annual Budget Projection Form Note All other grant administrative and electronic forms will be provided by Grantee as necessary or posted on the DEM website www flondapa org ARTICLE XXV Notice and Contact All notices under this Agreement shall be in wnting and shall be delivered by Internet by telefacsimile by hand or by certified letter to the following respective addresses FOR THE GRANTEE W Craig Fugate Director Division of Emergency Management Department of Community Affairs 2555 Shumard Oak Blvd Tallahassee Florida 32399 2100 FOR THE SUBGRANTEE Carolyn P. Greaves Village of Key Biscayne 88 W McIntyre Street Key Biscayne, FL 33149 ARTICLE XXVI Designation of Agent Subgrantee hereby designates Carolyn P Greaves as its primary agent and designates Ma i t e M iyar e s as its alternate agent to execute any Request for Advance or Reimbursement certification or other necessary documentation IN WITNESS HEREOF the Grantee and Subgrantee have executed this Agreement FOR THE GRANTEE DEPARTMENT OF COMMUNITY AFFAIRS State of Florida By W Craig Fugate Director Division of Emergency Nfnagement (Date) Public Assistance Program Program (Name) Village Manager E SUBG grante r) Jacqueline R Menendez (Title) November 5, 2004 (Date) 65-0291811 Federal Employer Identification Number (FEIN) 9 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH Governor MEMORANDUM TO All Sub grantees for Public Assistance Disaster Relief Funding VIA Frank J Koutnik FROM Del Streid State Public Assistance Officer DATE November 10, 2004 SUBJECT Executed Disaster Relief Funding Agreement THADDEUS L COHEN AIA Secretary Enclosed is a copy of the Public Assistance Federal and State Funded Subgrant Disaster Relief Funding Agreement for Hurricane Charley FEMA-1539-DR-FL, executed by the department of Community Affairs and the applicant This Public Assistance Agreement provides funds for eligible disaster relief activities specifically described in the approved Project Worksheets (PWs ) Payments of large projects will be made on a cash reimbursements basis, subject to receipt of a "Request for Reimbursement (RFR)" form and a "Summary of Documentation of Expenditures (SOD)" by P W, these are Attachments online at flondapa org Accurate records of disaster cost must be maintained for three (3) years from the date of final payment 2555 SHUMARD OAK BOULEVARD TALLAHASSEE FLORIDA 32399 2100 Phone 850 488 8466/Suncom 278 8466 FAX 850 921 0781/Suncom 291 0781 Internet address http //www dca state fl us CRITICAL STATE CONCERN FIELD OFFICE 2796 Overseas Highway Suite 212 Marathon FL 33050-2227 (305) 289 2402 COMMUNITY PLANNING 2555 Shumard Oak Boulevard Tallahassee FL 32399 2100 (850) 488 2356 EMERGENCY MANAGEMENT 2555 Shumard Oak Boulevard Tallahassee FL 32399 2100 (850) 413 9969 HOUSING & COMMUNITY DEVELOPMENT 2555 Shumard Oak Boulevard Tallahassee FL 32399 2100 (850) 488 7956 STATE OF FLORIDA Department of Community Affairs DISASTER RELIEF FUNDING AGREEMENT Agreement No 05 PA C% 11 23 02 883 CSFA No 52600308, CFDA No 97 036 Subgrantee Key Biscayne Village of FIPS No 086 36300 00 This Agreement is between the State of Florida Department of Community Affairs (hereinafter referred to as the Grantee ) and the undersigned State Agency or political subdivision of the State (hereinafter referred to as the Subgrantee ) This Agreement is based on the existence of the following facts and conditions A WHEREAS Tropical Storm Bonnie and Hurricane Charley beginning August 11 2004 and thereafter had a devastating impact upon the State of Florida The seventy of the damage and losses resulted in a proclamation of emergency by the Governor in Executive Order 04 182 In consequence of the Event the President of the United States on August 13 2004 declared Major Disaster No FEMA DR 1539 FL in all counties in the State of Florida. As a result the Public Assistance Program was made available to eligible applicants in these Declared counties and B WHEREAS a FEMA State Agreement between the State of Florida and the Federal Emergency Management Agency governing the use of such funds requires the State to share the costs eligible for federal financial assistance and the State has undertaken to share those costs as appropriated with its Subgrantees and C WHEREAS The Grantee represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein and agrees to comply with all the requirements of this Agreement and D WHEREAS the Grantee receives these grant funds from the State of Florida and the federal government and has the authority under Section 252 373 Fla Stat to disburse these funds to the Subgrantees upon the terms and conditions hereinafter set forth and E WHEREAS a Budget Amendment has been prepared and is being considered to provide for the necessary funds and authority for this event Under the Emergency Management Act as amended the Department has authonty to administer federal financial assistance from the Agency consequent to a presidential declaration of disaster NOW THEREFORE the Grantee and Subgrantee based upon the existence of the foregoing conditions do further agree to the following ARTICLE I Definitions As used in this Agreement the following terms shall have the following meanings unless another meaning is specified elsewhere A Eligible activities are those activities authorized in the FEMA State Agreement and in the Robert T Stafford Disaster Relief and Emergency Assistance Act Public Law 93 288 as amended 42 U S C § 5121 5201 44 C F R Part 206 and applicable policies of the Federal Emergency Management Agency B FEMA State Agreement is the agreement dated August 14 2004 between the Federal Emergency Management Agency and the State of Florida for the Major Disaster No FEMA 1539 DR FL ARTICLE II Applicable Law The parties agree to all the conditions obligations and duties imposed by the FEMA State Agreement and all applicable state and federal legal requirements including without any limitation on the generality of the fore going the requirements of 44 C F R Parts 13 and 206 and the policies of the Federal Emergency Management Agency 1 ARTICLE III Funding and Insurance Grantee shall provide funds to the Subgrantee for eligible activities for the projects approved by the Grantee and the Federal Emergency Management Agency as specified in the approved Project Worksheets Allowable costs shall be determined as per 44 C F R Parts 13 and 206 A The approved Project Worksheets shall be transmitted to Subgrantee and shall state the cumulative funding allowed the scope of the eligible project and the costs eligible under this Agreement Project Worksheets may obligate or deobligate funding thereby amending the total funding for the project The approved Project Worksheets shall document the total eligible costs and the total federal share of those costs which shall be seventy five (75) percent of all eligible costs unless a higher percentage is approved Contingent upon an appropriation by the Flonda Legislature the Grantee may provide some portion of any nonfederal share for local government and private non profit Subgrantees As a condition of receipt of the federal funding the Subgrantee agrees to provide any nonfederal share not paid by the Grantee B As a condition to funding under this Agreement the Subgrantee agrees that the Grantee may withhold funds otherwise payable to Subgrantee from any disbursement to Grantee upon a determination by Grantee or Federal Emergency Management Agency that funds exceeding the eligible costs have been disbursed to Subgrantee pursuant to this Agreement or any other funding agreement administered by Grantee C As a further condition to funding under this Agreement the Subgrantee agrees to procure insurance sufficient for the type or types of hazards for which the disaster was declared to cover any and all projects to be funded under this Agreement where insurance is available and reasonable Subgrantee shall provide Grantee with a certificate of such insurance as a condition to funding under this Agreement ARTICLE IV Duplication of Benefits Prohibition Subgrantee may not receive funding under this Agreement to pay for damage covered by insurance nor may Subgrantee receive any other duplicate benefits under this Agreement A Subgrantee shall without delay advise Grantee of any insurance coverage for the damage identified on the applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance Subgrantee shall reimburse Grantee without delay for any duplicate benefits Subgrantee may receive from any other source for any damage identified on the applicable Project Worksheets for which Subgrantee has received payment from Grantee to the extent of any such duplication B In the event that Grantee should determine that Subgrantee has received duplicate benefits by its execution of this Agreement the Subgrantee gives Grantee or the Chief Financial Officer Department of Financial Services of the State of Florida the authority to set off the sum of any such duplicate benefits by withholding it from any other funds otherwise due and owing to Subgrantee ARTICLE V Compliance with Environmental, Planning and Permitting Laws Subgrantee shall be responsible for the implementation and completion of the approved projects described in the Project Worksheets in a manner acceptable to Grantee and in accordance with applicable legal requirements The contract documents for any project undertaken by Subgrantee and any land use permitted by or engaged in by Subgrantee shall be consistent with the local government Comprehensive Plan Subgrantee shall ensure that any development or development order complies with all applicable planning permitting and building requirements Subgrantee shall engage such competent engineering building and other technical and professional assistance at all project sites as may be needed to ensure that the project complies with the contract documents ARTICLE VI Required Documentation, Reviews, and Inspections Subgrantee shall create and maintain documentation of work performed and costs incurred on each project identified in a Project Worksheet sufficient to permit a formal audit comporting with ordinary customary and prudent public accounting requirements Upon the failure of Subgrantee to create and maintain such documentation Grantee may terminate further funding under this Agreement and Subgrantee shall reimburse to Grantee all payments disbursed earlier to Subgrantee 2 together with any and all accrued interest A Subgrantee shall submit the following documentation for Large Projects (the Small Project threshold for this declaration is $54 100) 1 A Request for Advance or Reimbursement conforming to the attached sample 2 A Summary of Documentation Form conforming to the sample attached to this Agreement as Attachment B which shall be supported by onginal documents such as contract documents invoices purchase orders change orders and the like 3 A request for final inspection 4 A signed Project Completion and Certification Report upon the completion of all projects and 5 The Project Completion and Certification Report specified by Paragraph B of this Article B For all projects Subgrantee shall state on the Project Completion and Certification Report that all work was performed in accordance with this Agreement and the requirements in each Project Worksheet and shall state the date of completion C Grantee will inspect Small Projects by random selection and will conduct the final inspections on Large Projects to ensure that all work has been performed within the scope of work specified on the Project Worksheets Costs not within the approved scope of work shall not be reimbursed ARTICLE VII Cost Sharing The federal share of the eligible costs specified in the Project Worksheets under this Agreement shall be seventy five (75) percent unless a higher percentage is approved of such costs and the nonfederal share shall be the remaining amount Payment of all or a specified portion of the nonfederal share of such costs is contingent upon a potential future State appropriation defining the apportionment of the nonfederal share Administrative costs in addition to the Project Worksheets that are otherwise eligible under 44 C F R Part 206 and do not require matching funds may also be funded by FEMA ARTICLE VIII Payment of Costs Grantee shall disburse the eligible costs to Subgrantee in accordance with the following procedures A Grantee shall disburse the federal and nonfederal shares of the eligible costs for Small Projects to Subgrantee as soon as practicable after execution of this Agreement and formal notification by the Federal Emergency Management Agency of its approval of the pertinent Project Worksheet B Grantee shall reimburse Subgrantee for the federal and nonfederal shares of the eligible costs for Large Projects as soon as practicable after Subgrantee has delivered the following documents to Grantee 1 A Request for Advance or Reimbursement Form conforming to the sample attached to this Agreement as Attachment A 2 A Summary of Documentation Form conforming to the sample attached to this Agreement which shall be supported by onginal documents such as contract documents invoices purchase orders change orders and the like and 3 A letter or notification certifying that the reported costs were incurred in the performance of eligible work C Grantee may advance funds under this Agreement to Subgrantee not exceeding the federal share if Subgrantee meets the following conditions 3 1 Subgrantee shall demonstrate to Grantee that Subgrantee has procedures in place to ensure that funds are disbursed to project vendors contractors and subcontractors without unnecessary delay 2 Subgrantee shall submit to Grantee the budget supporting the request 3 Subgrantee shall submit a statement justifying the advance and the proposed use of the funds and specifying the amount of funds requested 4 Subgrantee shall submit a completed Request for Advance or Reimbursement Form and 5 Subgrantee shall pay over to Grantee any interest earned on advances for remittance to the Federal Emergency Management Agency as often as practicable and in any event not later than ten (10) business days after the close of each calendar quarter D Subgrantee may make improvements to the project facility in conjunction with its restoration of the facility to its pre disaster condition in accordance with 44 C F R Part 206 with the prior wntten approval of Grantee E In any case in which Sub grantee certifies to Grantee in wnting that the restoration of a damaged public facility to its pre disaster condition is not in the best interest of the public Sub grantee may request Grantee and the Federal Emergency Management Agency to approve an alternate project in accordance with 44 C F R Part 206 before the commencement of any work F Grantee may in its discretion withhold its portion of the nonfederal share of funding under this Agreement from Subgrantee if Grantee has reason to expect a subsequent unfavorable determination by the Federal Emergency Management Agency that a previous disbursement of funds under this Agreement was improper ARTICLE IX Final Payment Grantee shall disburse the final payment to Subgrantee upon the performance of the following conditions A Subgrantee shall have completed the project B Subgrantee shall have submitted the documentation specified in Articles VI and VIII of this Agreement C In the case of Large Projects the Grantee shall have performed the final inspection D In the case of Small Projects the Project Listing and Certification shall have been reviewed by Grantee or Grantee shall have performed a final inspection and E Subgrantee shall have requested final reimbursement ARTICLE X Records Maintenance The funding of eligible costs under this Agreement and the performance of all other conditions shall be subject to the following requirements in addition to such other and further requirements as may be imposed by operation of law A The Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments as codified in 44 C F R Part 13 as amended B Office of Management and Budget Circular No A 87 Cost Pnnciples for State and Local Governments as amended C Office of Management and Budget Circular No A 110 Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education Hospitals and Other Non Profit Organizations as amended and D Office of Management and Budget Circular No A 122 Cost Principles for Non Profit Organizations 4 as amended E Subgrantee will maintain all documentation concerning the projects funded under this Agreement until the occurrence of the following events whichever is the later 1 The completion of final inspection and final audit and the final resolution of any issues identified in the same or 2 The expiration of three (3) years from the date of final disbursement under this Agreement F Subgrantee shall make all documentation concerning the projects funded under this Agreement available and accessible to the Comptroller General of the United States the Grantee and the Federal Emergency Management Agency between 8 00 a m and 5 00 p m on weekdays other than official holidays ARTICLE XI Reimbursement of Funds If upon final inspection final audit or other review by Grantee the Federal Emergency Management Agency or other authority determines that the disbursements to Subgrantee under this Agreement exceed the eligible costs Subgrantee shall reimburse to Grantee the sum by which the total disbursements exceed the eligible costs within forty five (45) days from the date Subgrantee is notified of such determination ARTICLE XII Audit Subgrantee shall submit an Audit of Agreement Compliance to Grantee and shall have an independent audit performed by a Certified Public Accountant if its total expenditures of federal financial assistance for the most recent fiscal year equal or exceed $500 000 00 A Subgrantee will conduct the audit in accordance with the following requirements 1 The standards established by the Comptroller General of the United States as specified in the General Accounting Office Standards for Audit of Governmental Organizations Programs Activities and Functions 2 The standards established by the American Institute of Certified Public Accountants 3 The requirements of § 11 42 Fla Stat and the Rules of the Auditor General 4 The requirements of the Single Audit Act of 1984 Pub L 98 502 as amended 31 U S C §§ 7501 7507 to the extent here applicable and 5 Office of Management and Budget Circular No A 133 as amended to the extent here applicable B The audit shall be identified by the senal contract identification number for this Agreement If the Subgrantee is a private nonprofit organization it shall submit an organization wide audit C The audit shall be due not later than seven (7) months after the close of the fiscal year for Subgrantee except where Grantee and Subgrantee have mutually agreed upon another date D Sub grantee shall conduct such additional audits as Grantee or the Federal Emergency Management Agency may determine necessary to determine the adequacy accuracy and reliability of the internal procedures Sub grantee has in place to protect its assets and to ensure compliance with this Agreement E If this Agreement is closed out without an audit Grantee may recover from Sub grantee any disallowed costs identified in an audit after such closeout ARTICLE XIII Noncompliance If the Sub grantee violates this Agreement or any legislation regulation statute rule or other legal requirement applicable to the performance of this Agreement the Grantee may withhold any disbursement otherwise due Sub grantee for the project with respect to which the violation has occurred until the 5 violation is cured or has otherwise come to final resolution If the violation is not cured Grantee may terminate this Agreement and invoke its remedies under the Agreement as per Articles XVIII and XXIII of this Agreement ARTICLE XIV Nondiscrimination by Contractors Subgrantee shall undertake an active program of nondiscrimination in its administration of disaster assistance under this Agreement as per 44 C F R Parts 7 and 16 and 44 C F R Part 206 Subgrantee shall also be subject to the requirements in the General Services Administrative Consolidated List of Debarred Suspended and Ineligible Contractors in accordance with 44 C F R Part 17 ARTICLE XV Modification The time for performance of this Agreement may be extended once unless the failure of Subgrantee to close out the project is caused by events beyond its control A modification extending the time for completion of the project and any other modification shall be in writing and shall take effect only upon execution by both parties Modifications to any Project Worksheet to be funded under this Agreement may be requested by Subgrantee through Grantee but the approval of any such modifications shall reside in the sole discretion of the Federal Emergency Management Agency Any approved modification to a project Worksheet shall be noted in a Supplemental Project Worksheet for the project If otherwise allowed under this Agreement any extension shall be in writing and shall be subject to the same terms and conditions as those set out in the initial Agreement ARTICLE XVI Time for Performance Time shall be of the essence of this Agreement and of the performance of all conditions under it Subject to any modification extending the time for the performance of this Agreement approved by Grantee or the Federal Emergency Management Agency the time for the performance of emergency work shall be six (6) months from the date of the Presidential Declaration The time for the performance of permanent work shall be eighteen (18) months from the date of the Presidential Declaration For Large Projects the Summary of Documentation and the supporting documents identified in Article VI of this Agreement shall be submitted to the Grantee not later than sixty (60) days after the date of the last modification extending the Agreement Subgrantee shall submit the completed Project Listing to Grantee not later than thirty (30) days from the completion of all work or the approval of the Final Inspection by the Federal Emergency Management Agency whichever is later The time for the performance of this Agreement may be extended for cause by Grantee Extensions shall not be approved for delays caused for lack of cost share funding If any extension request is denied Subgrantee shall be reimbursed for eligible project costs incurred up to the latest approved date for completion Failure to complete any project will be adequate cause for the termination of funding for that project ARTICLE XVII Contracts With Others If the Subgrantee contracts with any other contractor or vendor for performance of all or any portion of the work required under this Agreement the Subgrantee shall incorporate into its contract with such contractor or vendor an indemnification clause holding Grantee and Subgrantee harmless from liability to third parties for claims asserted under such contract ARTICLE XVIII Termination Either of the parties may terminate this Agreement by notice in wntmg delivered to the address specified in Article XXV of this Agreement Such termination shall take effect thirty (30) days after the date of such notice Such termination shall not affect the nghts interests duties or responsibilities of either of the parties or any allowable costs that have accrued as of the date of the notice of termination ARTICLE XIX Liability Grantee assumes no liability to third parties in connection with this Agreement Unless the Subgrantee is a governmental entity covered by § 768 28(5) Fla Stat the Subgrantee shall be solely responsible to any and all contractors vendors and other parties with whom it contracts in performing this Agreement Unless the Subgrantee is a governmental entity within the meaning of the preceding sentence Subgrantee shall indemnify Grantee form claims asserted by to third parties in connection with the performance of this Agreement holding Grantee and Subgrantee harmless from the same Also A For the purpose of this Agreement the Grantee and Subgrantee agree that neither one is an employee or agent of the other nor that each one stands as an independent contractor in relation to the other B Nothing in this Agreement shall be construed as a waiver by Grantee or Subgrantee of any legal immunity nor shall anything in this Agreement be construed as consent by either of the parties to be sued by third parties in connection with any matter arising from the performance of this Agreement C Subgrantee represents that to the best of its knowledge any hazardous substances at its project site or sites 6 are present in quantities within statutory and regulatory limitations and do not require remedial action under any federal state or local legal requirements concerning such substances Subgrantee further represents that the presence of any such substance or any condition at the site caused by the presence of any such substance shall be addressed in accordance with all applicable legal requirements ARTICLE XX Reports Subgrantee shall provide Quarterly Reports to Grantee on the Quarterly Report Form conforming to the sample attached as Attachment C The first Quarterly Report shall be due at such time as Subgrantee is notified All subsequent Quarterly Reports shall be due no later than fifteen (15) days after each calendar quarter through final inspection Quarterly Reports shall indicate the anticipated completion date for each project together with any other circumstances that may affect the completion date the scope of work the project costs or any other factors that may affect compliance with this Agreement Intenm inspections shall be scheduled by Subgrantee before the final inspection and may be required by Grantee based on information supplied in the Quarterly Reports Grantee may require additional reports as needed and Subgrantee shall provide any additional reports requested by Grantee as soon as practicable With respect to the Request for Advance or Reimbursement the Summary of Documentation and the Quarterly Reports the contact for Grantee will be the State Public Assistance Officer ARTICLE XXI Standard Conditions Subgrantee agrees to the following conditions A The performance and obligation of Grantee to pay under this Agreement is contingent upon an annual appropriation by the Legislature and the disbursement to Grantee of federal funding in accordance with § 252 37(4) Fla Stat B Bills for fees or other compensation for services or expenses must be submitted in detail sufficient for a proper pre audit and post audit C Grantee may terminate this Agreement for refusal by the Subgrantee and its contractors and subcontractors to allow public inspection of any records subject to the disclosure requirements m § 119 07(1) Fla Stat that are made or received by Subgrantee or its contractors and subcontractors in connection with this Agreement Substantial evidence of noncompliance by Subgrantee or its contractors and subcontractors with these requirements shall constitute the nonperformance of a condition under this Agreement and shall be adequate cause for termination D Subgrantee agrees that no funds disbursed to it under this Agreement will be used for the purpose of lobbying the Legislature or any of its members any employee of the State of Flonda any member of Congress any officer or employee of Congress or any employee of a Member of Congress in connection with this Agreement or any modifications to this Agreement E Subgrantee certifies that it possesses the legal authonty to receive the funds F Subgrantee agrees that responsibility for compliance with this Agreement rests with Subgrantee and further agrees that noncompliance with this Agreement shall be cause for the rescission suspension or termination of funding under this Agreement and may affect eligibility for funding under future Subgrantee Agreements ARTICLE XXII Term This Agreement shall take effect upon its execution by both parties and shall terminate upon approval of closeout by the Federal Emergency Management Agency unless terminated earlier as specified elsewhere in this Agreement Subgrantee shall commence project(s) specified by this Agreement without delay ARTICLE XXIII Events of Default, Remedies, and Termination A Upon the occurrence of any one or more of the following events all obligations of Grantee to disburse further funds under this Agreement shall terminate at the option of Grantee Notwithstanding the preceding sentence Grantee may at its option continue to make payments or portions of payments after the occurrence of any one or more 7 such events without waiving the nght to exercise such remedies and without incumng liability for further payment Grantee may at its option terminate this Agreement and any and all funding under this Agreement upon the occurrence of any one or more of the following 1 Any representation by Subgrantee in this Agreement is inaccurate or incomplete in any matenal respect or Subgrantee has breached any condition of this Agreement or any previous agreement with Grantee and has not cured in timely fashion or is unable or unwilling to meet its obligations under this Agreement 2 Subgrantee suffers any matenal adverse change in its financial condition while this Agreement is in effect as compared to its financial condition as represented in any reports or other documents submitted to Grantee if Subgrantee has not cured the condition within thirty (30) days after notice in wntmg from Grantee 3 Any reports required by this Agreement have not been submitted to Grantee or have been submitted with inaccurate incomplete or inadequate information or 4 The monies necessary to fund this Agreement are unavailable due to any failure to appropnate or other action or inaction by the Congress Legislature Office of the Comptroller or Office of Management and Budget B Upon the occurrence of any one or more of the following events Grantee may at its option give notice in wnting to Subgrantee to cure its failure of performance if such failure may be cured Upon the failure of Subgrantee to cure Grantee may exercise any one or more of the following remedies 1 Terminate this Agreement upon not less than fifteen (15) days notice of such termination by certified letter to the Subgrantee at the address specified in Article XXV of this Agreement such notice to take effect when delivered to Subgrantee 2 Commence a legal action for the judicial enforcement of this Agreement 3 Withhold the disbursement of any payment or any portion of a payment otherwise due and payable under this Agreement or any other Agreement with Subgrantee and 4 Take any other remedial actions that may otherwise be available under law C Grantee may terminate this Agreement for any misrepresentation of matenal fact for failure or non performance of any Agreement condition or obligation or for noncompliance with any applicable legal requirement D Rescission suspension or termination of this Agreement shall constitute final action by the Grantee within the meaning of the Administrative Procedure Act as amended Notwithstanding the preceding sentence any deobligation of funds or other determination by the Federal Emergency Management Agency shall be addressed in accordance with the regulations of that Agency E Upon the rescission suspension or termination of this Agreement the Subgrantee shall refund to Grantee all funds disbursed to Subgrantee under this Agreement F The venue of any action or proceeding by either Grantee or Subgrantee for enforcement of this Agreement or for adjudication of rights interests or duties of the parties to it shall he in Leon County State of Flonda G Notwithstanding anything to the contrary elsewhere in this Agreement the rescission suspension or termination of this Agreement by Grantee shall not relieve Subgrantee of liability to Grantee for the restitution of funds advanced to Subgrantee under this Agreement and Grantee may set off any such funds by withholding future disbursements otherwise due Subgrantee under this Agreement or any other Agreement until such time as the exact amount of restitution due Grantee from Subgrantee is determined In the event the Federal Emergency Management Agency should deobhgate funds formerly allowed under this Agreement or under any other Agreement funded by the Agency and administered by Grantee then Subgrantee shall immediately repay such funds to Grantee If the Subgrantee fails to repay any such funds then Grantee may recover the same from funding otherwise due Subgrantee ARTICLE XXIV Attachments A All attachments to this Agreement are incorporated into this Agreement by reference as if set out fully in the text of the Agreement itself 8 B In the event of any inconsistencies between the language of this Agreement and the Attachments to it the language of the Attachments shall be controlling but only to the extent of such inconsistencies C This Agreement has the following attachments 1 Attachment A 2 Attachment B 3 Attachment C 4 Attachment D Request for Advance or Reimbursement Summary of Documentation of Expenses Claimed Quarterly Report Form Subgrantee Annual Budget Projection Form Note All other grant administrative forms will be provided by Grantee as necessary or posted on the DEM website www flondadisaster org The subgrantee may be provided the option of using electronic forms placed on our Internet based document management system at http //dcaenterprise eoconline org ARTICLE XXV Notice and Contact All notices under this Agreement shall be in writing and shall be delivered by Internet by telefacsimile by hand or by certified letter to the following respective addresses FOR THE GRANTEE W Craig Fugate Director Division of Emergency Management Department of Community Affairs 2555 Shumard Oak Blvd Tallahassee Florida 32399 2100 FOR THE SUBGRANTEE Carolyn P Greaves Village of Key Biscayne 88 W McIntyre Street Key Biscayne, FL 33149 ARTICLE XXVI Designation of Agent Subgrantee hereby designates Carolyn P Greaves as its primary agent and designates Malt e Miyar e s as its alternate agent to execute any Request for Advance or Reimbursement, certification or other necessary documentation IN WITNESS HEREOF the Grantee and Subgrantee have executed this Agreement FOR THE GRANTEE DEPARTMENT OF COMMUNITY AFFAIRS State of Florida By W Craig Fugate P erector Division of Emergency M. agenent (Date) Public Assistance Program Program Village Manager Jacqueline R Menendez (Name) (Title) November 5, 2004 (Date) 65-0291811 Federal Employer Identification Number (FEIN) 9 RESOLUTION NO 2004-55 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE WITH THE MARKET COMPANY, INC FOR COORDINATION OF THE KEY BISCAYNE FARMER'S MARKET, PROVIDING FOR AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS Section 1 That the Village Manager is hereby authonzed to execute the attached Agreement, on behalf of the Village, with The Market Company, Inc Section 2 The Market Company, Inc will perform professional services as a Special Events Promoter and Coordinator for the Key Biscayne Farmer's Market Section 3 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 7th day of December , 2004 /Ce CtCrn Ca c______ MAYOR ROBERT OLDAKOWSKI AlaN,, CHITA H ALVAREZ, CMC VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY VILLAGE ATTORNEY