The URL can be used to link to this page

Home My Public Portal About2003-40 Agreement with the Metropolitan Center at Florida International University for Vision 2004RESOLUTION NO. 2003-40 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE WITH THE METROPOLITAN CENTER AT FLORIDA INTERNATIONAL UNIVERSITY FOR VISION 2004 SURVEY AND CONFERENCE; 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 execute the attached Agreement, on behalf of the Village, with The Metropolitan Center at Florida International University. Section 2. The Metropolitan Center will conduct a survey, the results of which will be utilized to develop the agenda for the Vision 2004 Goals and Objections. Section 3. Effective Date. This resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this 2nd day of December , 2003. A t e 1 t,t1,14 (______: MAYOR ROBERT OLDAKOWSKI T: eiet, CHITA H. ALVAREZ, CMC, VILLAGE APPROVED AS TO ,r•,' AND LEGAL SUFF VILLAGE TO VILLAGE OF KEY BISCAYNE AGREEMENT FOR SERVICES THIS AGREEMENT, made and entered into on the day of December , 2003 by and between the Village of Key Biscayne, Dade County, Florida, party of the first (hereinafter called "Village"), and The Metropolitan Center at Florida International University , party of the second part (Hereinafter called "Contractor"); RECITALS The VILLAGE wants to engage the CONTRACTOR to perfoini 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 developing and conducting a visioning conference. 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: The Metropolitan Center at Florida International University 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 $15,000. 3. TERM The term of this agreement is 3 months 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. 5. ASSIGNMENT This Agreement shall not be assignable by the CONTRACTOR. 1 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 anyperson(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 may be terminated 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 perfoiined up to the date of termination. 8. NONEXCLUSIVE AGREEMENT The services to be provided by the CONTRACTOR 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 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 CONTRACTOR The CONTRACTOR hereby warrants and represents that all times during the teunn 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 440, Florida Statutes. 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. 2 12. NOTICES All notices and communications to the VILLAGE or CONTRACTOR shall be in writing and shall be deemed to have properly given if transmitted by registered or certified mail or hand delivery. All notices and communications shall be effective upon receipt. Notices shall be addressed as follows: Village: With a copy to: Contractor: 13. GOVERNING LAW Jacqueline R. Menendez Village Manager 88 West McIntyre Street Key Biscayne, Florida 33149 Village Attorney Weiss Serota & Helfnian Pastoriza & Guedes, P.A. 2665 South Bayshore Drive Suite 420 Miami, Florida 33133 Conchita H. Alvarez Village Clerk 88 West McIntyre Street Key Biscayne, Florida 33149 Metropolitan Center Florida International University 150 SE 2"d Avenue, Suite 1201 Miami, FL 33131 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. 3 CONTRACTOR: Metropolitan Center at F.I.U. 150 SE 2nd Avenue, Suite 1201 Miami, FL 33131 JUSTO TORRES Assistant Director r 4 VILLAGE: Village of Key Biscayne 88 West McIntyre Street Key Biscayne, Florida 33149 illage Clerk EXHIBIT A Scope of Services Metropolitan Center Florida International University The Metropolitan Center at Florida International University will assist the Village of Key Biscayne in developing and conducting a visioning conference for its residents. The conference will provide a guideline for village leaders in setting the goals and objectives of Key Biscayne. The purpose of the conference will be to provide a forum for residents to envision the future of Key Biscayne. The Metropolitan Center at Florida International University will provide the following services for the Village of Key Biscayne: • Develop a survey instrument for the residents of Key Biscayne. • Conduct a scientifically valid telephone survey of 400 Key Biscayne residents. • Provide a Public Report of the results and analysis of the survey. • Provide professional facilitators for the visioning conference • Assist the Village of Key Biscayne with the planning for the conference • Assist the Village of Key Biscayne will the logistics for the conference Timeline December 8-12 Conducting Survey December 17 Draft Report on Survey Results and Analysis December 29 Final Report Late January Conference Cost Survey $10,000 Conference $05,000 Total Cost $15,000 5 FLORIDA INTERNATIONAL UNIVERSITY Miami's public research university Office of the Director VIA FEDEX January 13, 2004 Jacqueline R. Menendez, Village Manager Village of Key Biscayne 88 West McIntyre Street Key Biscayne, Florida 33149 Re: Agreement Village of Key Biscayne and The Metropolitan Center at Florida International University Dear Ms. Menendez: Enclosed please find an originally signed copy of the above referenced Agreement This Agreement has been fully executed on behalf of Florida International University. Thank you for supporting reseatch conducted at Florida International University. Should you have any questions or comments please do not hesitate to contact us at (305) 348-2494 or by email at medinai@fiu.edu Sincerely, le. '-'ina Grants Assistant Enclosures Division of Sponsored Research & Training University Park, 11200 SW 8th Street - MARC 430 Miami, FL 33199 • Tel: 305-348-2494 • Fax: 305-348-4117 Flonda Incernauonal Unrversnv is an Equal OppottumrvIAccess Emplo>cr and Insnwuon • TDD •n FRS 1 800-955 8771