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HomeMy Public PortalAbout2003-10 Agreement with Carlos Gimenez and Associates, P.ARESOLUTION NO. 2003-10 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING AND APPROVING PROFESSIONAL SERVICES AGREEMENT BETWEEN CARLOS GIMENEZ AND ASSOCIATES, P.A. (THE "CONSULTANT" AND THE VILLAGE OF KEY BISCAYNE TO PROVIDE FOR PROFESSIONAL CONSULTING SERVICES FOR THE FIRE RESCUE DEPARTMENT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Manager and Fire Chief have recommended that the Village retain the professional services of Carlos Gimenez and Associates, P.A. (the "Consultant) to provide certain consulting services for the Village's Fire Rescue Department; 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, 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. Agreement Approved. That the Professional Services Agreement, in substantially the form attached hereto, between Carlos Gimenez and Associates, P.A. and the Village is hereby approved and the Village Manager is authorized 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 authorized 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. 1 PASSED AND ADOPTED this 18th day of March , 2003. CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIE VILLAGE A ORNE 2 ( 445'ae C.,___ MAYOR ROBERT OLDAKOWSKI VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this ',Ar/if day of March, 2003, by and between the VILLAGE OF KEY BISCAYNE (the "VILLAGE") and CARLOS GIMENEZ and ASSOCIATES, P.A. (the "CONSULTANT"). RECITALS: The VILLAGE wants to engage the CONSULTANT to perform certain professional 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 Thirty Thousand ($30,000.00) Dollars, plus reasonable and necessary costs approved by the Village Manager. 3. TERM The duration of the term of this Agreement is sixty days unless extended by the Village Manager or earlier terminated pursuant to paragraph 8. 4. RECORDS 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. INSI TRANCE, 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 in 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 written notice to the VILLAGE 30 days prior to the effective date of said cancellation. 6. ASSTGNMF.NT This Agreement shall not be assignable by the CONSULTANT. 7. PROHTRTTTON 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. TERMTNATTON 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. 9. NONEXCT.I TSIVF, AGRREMFNT 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. FNTTRF, ACTRFFMF,NT The parties hereby agree that this is the entire agreement between the parties. This Agreement cannot be amended or modified without the express written consent of the parties. The Village Manager shall act for Village hereunder. 11. WARRANTIES OF CONSI IT,TANT 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 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: Jacqueline Menendez Village Manager Village of Key Biscayne 88 West McIntyre Street Key Biscayne, FL 33149 With a copy to: Consultant: 13. GOVERNING LAW Richard Jay Weiss, Esq. Village Attorney Weiss Serota Helfman Pastoriza & Guedes, P.A. 2665 South Bayshore Drive Suite 420 Miami, Florida 33133 Carlos Gimenez and Associates, P.A. 200 S. Biscayne Boulevard, Suite 4000 Miami, Florida 33133 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: CARLOS GIMENEZ and ASSOCIATES, P.A. 200 S. Biscayne Blvd. - Suite 4000 Miami, Florida 33133 F:\100\103001 \Agreemenis\Professional Services2.doc VILLAGE: VILLAGE OF KEY BISCAYNE 88 West McIntyre Street Key Biscayne, FL 33149 Village Clerk Approved as to :_a1 Sufficiency: Vill . e Att * me Carlos Gimenez and Associates, P.A. 200 South Biscayne Blvd. Suite 4000 Miami, Florida 33131 (305)577-4769 The firm of Carlos Gimenez and Associates appreciates the opportunity to submit to the Village of Key Biscayne ("Village") a proposed scope of services for an evaluation of the services provided by it's Fire Rescue Department ("Department"). The scope of services to be provided by Carlos Gimenez and Associates to the Village may generally be described as accessing the Department to determine if the system is delivering quality and cost effective service to the citizens of the Village and to report to the Village Council and Village Manager our findings and recommendations. Specifically, Carlos Gimenez and Associates will: • Review, assess and evaluate the Department's service capabilities, including it's support services and programs. The review will evaluate the performance of the Department relating to the safety and effectiveness of the service to the citizens of the Village and Department personnel. The Department's performance and practices will be checked against nationally recognized standards. This review will also take into consideration the financial realities of the Village. • Review of the current ancillary services contract between the Village and the City of Miami. This review will include a financial analysis of the cost effectiveness of the current structure and an operational analysis of the quality of services rendered. The quality analysis will take into account feedback from elected officials, administrative staff and selected citizens of the Village. In addition, and most importantly, alternative solutions will be researched and a report will be submitted to the Village Council and Village Manager. • Review and access Department's efforts in complying with the Strategic and Specific Recommendations of the Accreditation Report dated July, 30, 1998. A comprehensive Final Working Report shall be submitted to the Village Manager no later than forty-five (45) days after the execution an agreement between the Village and Carlos Gimenez and Associates, provided there are no unusual delays in acquiring pertinent data. For the services to be performed, the Village of Key Biscayne shall pay Carlos Gimenez and Associates the sum of $30,000.00 plus reasonable and ordinary out-of-pocket expenses incurred in the performance of services including travel expense for travel exceeding a 100 mile radius per trip express mail, duplication and long distance telephone expense. Travel exceeding the 100 mile radius will be done only after receiving written authorization from the Village. I have attached my resume for your review. As you can see, my background as a former Fire Chief and more recently as City Manager make me uniquely qualified to perform these services for the Village. In addition, our association with Steel Hector and Davis, LLP, assures access to a highly competent group of professionals to assist in the development of all project deliverables. We look forward to working with the Village on this important project. Sincerely Carlos A. Gimenez President Carlos Gimenez and Associates