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