HomeMy Public PortalAbout2001-64 Agreement with the Key Biscayne Chamber of CommerceRESOLUTION NO. 2001- 64
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING
THE ATTACHED AGREEMENT BETWEEN THE VILLAGE
OF KEY BISCAYNE AND THE KEY BISCAYNE CHAMBER
OF COMMERCE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Village Council finds that the approval of the attached Agreement between
the Village of Key Biscayne and the Key Biscayne Chamber of Commerce (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. That the Agreement, in substantially the form attached hereto, is hereby approved
and the Village Manager is authorized to execute such Agreement on behalf of the Village.
Section 2. Effective Date. This Resolution shall be effective upon adoption.
PASSED AND ADOPTED this, 9th day of October , 2001
MAYOR 3 E RASCO
CONCHITA H. ALVAREZ, CMC, VILLAGE
APPROVED AS TO
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RICHARD JAY WEISS, VILLAGE ATTORNEY
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VILLAGE OF KEY BISCAYNE
AGREEMENT
FOR
PROFESSIONAL SEVICES
IS AGREE ENT. Made and entered into this W day of
. i 10i
by and between the VILLAGE OF KEY BISCAYNE
(the "VILLAGE") and KEY BISCAYNE CHAMBER OF COMMERCE, A Non-
profit Florida corporation (the "CONSULTANT").
RECITALS
The VILLAGE wants to engage the CONSULTANT to perform
certain professional services as specifically described 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 Specified Services upon
written request from the Village Manager.
2. FEES FOR SERVICES
The CONSULTANT agrees to charge the VILLAGE for Specified
Services provided in accordance with the fee schedule attached as
Exhibit B.
3. TERM
The term of this Agreement is for one year, continuing on a month
to month basis. The agreement is terminated pursuant to Paragraph 8.
4. GENERAL TERMS AND CONDITIONS
All original documents, work papers, and plans that result from
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the CONSULTANT providing Specified Services shall be the property of
the VILLAGE. Upon termination of this Agreement, any and all such
documents shall be delivered to the VILLAGE by the CONSULTANT.
5. INSURANCE
The CONSULTANT shall at all times carry liability insurance in the
minimum amount of $500,000.00. The VILLAGE shall be named insured
on all of the liability insurance policies. 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. ASSIGNMENTS
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 ten days
notice with or without cause and by the CONSULTANT upon 120 days
written notice with or without cause. If this Agreement is terminated, the
CONSULTANT shall be paid in accordance with the provisions of Exhibit
B for all acceptable work up to date of termination.
9. NONEXCLUSIVE AGREEMENT
The services to be provided by the CONSULTANT pursuant to this
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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. The Agreement cannot be amended or modified without the
express consent of the parties.
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. ATTORNEYS FEES
In connection with any litigation arising out of this Agreement the
prevailing party in any such action shall be entitled to recover attorney's
fees and costs.
13. NOTICES
AU notices and communications to either party to this Agreement
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: C. Samuel Kissinger
Village Manager
Village of Key Biscayne
85 West McIntyre Street
Key Biscayne, Florida 33149
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With a copy to: Richard Jay Weiss, Esq.
Village Attorney
Weiss, Serota 8s Helfman
2665 South Bayshore Drive
Suite 203
Miami, Florida 33133
Consultant: Robert Duzoglou, President
Key Biscayne Chamber of Commerce
87 West McIntyre Street
Key Biscayne, Florida 33149
14. 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
KEY BISCAYNE CHAMBER OF
COMMERCE
87 West McIntyre Street
Key Biscayne, Florida 33149
By:
Robert Duzoglou, Presid
Attest:
VILLAGE
VILLAGE OF KEY BISCAYNE
85 West McIntyre Street
Key Biscayne, Florida 33149
PLO
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EXHIBIT A
1 CONSULTANT to serve as a referral source and conduit for tourism
and other inquiries by phone and/or by pedestrian walk-in traffic
regarding non -governmental issues on Key Biscayne therefore
anyone walking into the Village offices may be told to "Call and/or
go to the Key Biscayne Chamber of Commerce."
2 CONSULTANT to represent the Village of Key Biscayne at non-
governmental business -related sessions such as the Greater Miami
Convention and Visitors Bureau, the Beacon Council, Metro -Dade
County Consumer Services Department, etc.
3. CONSULTANT to provide and distribute timely marketing
strategies and demographic data for the purpose of assisting the
Island's commercial interests in meeting the needs of our citizens.
In conjunction, to conduct educational programs and seminars for
the Island's commercial segment which will result in an enhanced
relationship with the community.
4. CONSULTANT will promote community awareness of business
interests through advertising, printed materials, the internet, fax
broadcasts and promotions both on and off the Key.
5. CONSULTANT to represent, advocate and be a voice for the
business community with regards to ordinances, resolutions and
policies.
6. CONSULTANT to assist in development programs and events, in
partnership with the VILLAGE and local businesses.
7. CONSULTANT to rent, equip, maintain and staff a Chamber office
which is accessible to the public during business hours.
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8. CONSULTANT to provide quarterly newsletters to its membership
pronouncing issues of interest to the Island's businesses and to
promote close cooperation with other community and public
service organizations.
9. CONSULTANT to develop a television show for Channel 99 to
promote the economic development and growth of Key Biscayne.
10. CONSULTANT to institute a "Shop on the Key" promotion to
stimulate local business.
11. CONSULTANT to develop and maintain a volunteer network to
assist with community activities.
12. CONSULTANT to fulfill requests by the VILLAGE to communicate
directly with the business community as directed by the Village
Manager.
13. CONSULTANT to submit monthly progress reports to VILLAGE at
end of each month for the duration of this Agreement.
IP-
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EXHIBIT B
FEES FOR SERVICES
Seventy-five Thousand Dollars and no cents ($75,000.00)
Payments to be made to CONSULTANT by VILLAGE at the end of each
month in 1/12 increments of the total $75,000.00 ($6,250.00/mo.). A
monthly progress report will be submitted by CONSULTANT and
provided to the VILLAGE, attention C. Samuel Kissinger.
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omits
Robert Du oglou, President
Ani Nunez, Via President
Aida Koenig, 2nd V. President
Alan Sonnabend, Treasurer
Glen Von Imo, Secretary
KathySu njer, Exec. Director
Board ofDhactors
Lam Bathe
Robert Brookes
Carol Craiglow
Robert Duzoglou
Don Emery
Jim Emso
Bobby Harris
Aida Koenig
Susana Leal Khouri, MD.
Shayna L.opate
Joan McCaughan
Ani Nunez
Man - Port
Mary Tague
Thania Vernon
Trustees
A.de a
AxaAdu'sors
BellSouth
KgG
Colonial Bank
Ericsson/ IPCSports
Fortune International Rea y
FPL
IslanderNews/Ky Pubs
L.D. Pankey Institute
Mercy Hospital
Northern Taut Bank
Ritz-Grzkon, Kg Bisayne
Sonesta Beach Resort
Steams Weaver Miller; P.A.
SunTrust Bank
The Ocean Cab
KEY BISCAYNE CHAMBER OF COMMERCE
October 3, 2001
C. Samuel Kissinger
Village Manager
Village of Key Biscayne
85 West McIntyre Street
Key Biscayne, FL 33149
Dear Mr. Kissinger,
Enclosed please find an Agreement for Professional
Services for the fiscal year 2001-2002' in triplicate. We
respectfully submit this for the Mayor's signature and
thank you for all the courtesies that have been
extended to the Chamber.
If you require any additional information or if I may be
of service to you, please do not hesitate to call me.
Regards,
Robert Duzoglou
President
Key Biscayne Chamber of Commerce
THE CHAMBER MAKES IT HAPPEN
87 West McIntyre Street • Key Biscayne, Florida 33149 • (305) 361-5207 Fax: (305) 361-9411 • http:/lwww.keybiscaynechamber