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HomeMy Public PortalAbout2003-33 Agreement with Gomez Barker Associates, IncRESOLUTION NO. 2003-33 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE WITH GOMEZ BARKER ASSOCIATES, INC. FOR INTERGOVERNMENTAL REPRESENTATIVE SERVICES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the firm of Gomez Barker Associates, Inc. will represent the Village on legislative and regulatory issues affecting the Village of Key Biscayne, work with appropriate agency officials, legislative committees, leadership, and individual members to facilitate the Village's Tallahassee agenda as it relates to water and infrastructure funding, environmental concerns, and any legislative issues pertinent to the Village of Key Biscayne. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That the Village Manager is hereby authorized to execute the attached Agreement, on behalf of the Village, with Gomez Barker Associates, Inc. Section 2. Gomez Barker Associates, Inc. will provide Intergovernmental Representative Services to the Village of Key Biscayne. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 14th day of October , 2003. /149cettAiNt,-/-N MAYOR ROBERT OLDAKOWSKI ITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE OF KEY BISCAYNE AGREEMENT FOR SERVICES THIS AGREEMENT, made and entered into on the 14th day of October, 2003 by and between the Village of Key Biscayne, Miami -Dade County, Florida, party of the first (hereinafter "VILLAGE"), and Gomez Barker Associates, Inc., party of the second part (hereinafter "CONSULTANT"); RECITALS The VILLAGE wants to engage the CONSULTANT to perform certain services as described in accordance with paragraph 1, scope of services to this Agreement ("Specified Services"). The CONSULTANT wants to provide such Specified Services. In consideration of the mutual covenants in this Agreement, the parties agree as follows: 1. SCOPE OF SERVICES The CONSULTANT agrees to perform the following services as authorized by the Village Council and administered via the Village Manager. The work is described as follows: The CONSULTANT shall represent the Village on legislative and regulatory issues affecting the Village of Key Biscayne, work with appropriate agency officials, legislative committees, leadership, and individual members to facilitate the Village's Tallahassee agenda as it relates to water and infrastructure funding, environmental concerns, and any legislative issues pertinent to the Village of Key Biscayne. 2. FEES FOR SERVICES The VILLAGE shall pay the CONSULTANT a $3,500 retainer per month for the duration of this Agreement as compensation for performance of the Specified Services. The CONSULTANT will issue an invoice once per month for said retainer. Said invoices are payable by the VILLAGE within 30 days. The Village Manager may authorize and approve reasonable and necessary expenses not to exceed $4,000 annually. 3. TERM The term of this Agreement commences on October 15, 2003 and is for a duration of one (1) year expiring on October 14, 2004, unless terminated pursuant to paragraph 7 or extended pursuant to paragraph 9. 1 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 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 or 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 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. 10. WARRANTIES OF CONSULTANT The CONSULTANT hereby warrants and represents that all times during the term of this 2 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. 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 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: Jacqueline R. Menendez Village Manager 88 West McIntyre Street Key Biscayne, Florida 33149 Village Attorney Weiss Serota & Helfman Pastoriza Guedes Cole & Boniske, P.A. 2665 South Bayshore Drive Suite 420 Miami, Florida 33133 Conchita H. Alvarez Village Clerk 88 West McIntyre Street Key Biscayne, Florida 33149 CONSULTANT: Fausto B. Gomez Gomez Barker Associates, Inc. 2350 Coral Way, Suite 301 Miami, Florida 33145 3 13. 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: Gomez Barker Associates, Inc. 2350 Coral Way, Suite 301 Miami, Florida 33145 By: i Fausto B. Gomez Gomez Barker Associates, Inc. t_ • By: 4 VILLAGE: Village of Key Biscayne 88 West McIntyre Street Key Biscayne, Florida 33149 OVED AS TO LE AL SUFFICIENCY Village Attorne