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HomeMy Public PortalAbout1994 AllVillage of KEY BISCAYNE, FLORIDA Index of Village Council Minutes January 7, 1992 - May 26, 1998 \ Browse by Subject 1992 -1995 \ RESOLUTIONS Res No 94-3 Florida Department of Environmental Protection, Land and Water Conservation Fund Program Grant acceptance S-02/01/94, 2 Res No 94-4 Hurricane Andrew Urban Reforestation Grant Memorandum of Agreement, State of Florida Department of Agriculture, Consumer Services S-02/01/94, 2 Res No 94-5 Key Biscayne Athletic Club contract 02/08/94, 2 Res No 94-6 Recognizing Island Garden Club 02/08/94, 3 Res No 94-7 Metropolitan Dade County contract, library landscape maintenance 03/08/94, 2 Res No 94-8 University of Miami contract, right-of-way improvement study 03/08/94, 3 Res No 94-9 Williams, Hatfield & Stoner, Inc contract, Holiday Colony stormwater drainage improvement project 03/08/94, 3 Res No 94-10 Aircraft noise, request to FAA 03/08/94, 3 Res No 94-11 Commending Winn -Dixie 03/08/94, 3 Presentation 04/12/94, 1 Res No 94-12 Bill Baggs, Cape Florida State Recreational Area, request for playing facilities S-03/22/94, 4 Res No 94-13 Commending Zoning Code Review Committee members 04/12/94, 2 Res No 94-14 Commending Building, Zoning, Planning Department Advisory Committee members 04/12/94, 3 Res No 94-15 Bureau of Archives and Records Management contract, microfilm storage 04/12/94, 3 Res No 94-16 South Coast Irrigation, Inc contract, Library irrigation installation 04/12/94, 4 Res No 94-17 Commending Woolley's Fine Foods S-04/26/94, 1 Res No 94-18 Commending Arbor Day Celebration volunteers S-04/26/94, 2 Res No 94-19 Miami Seaquarium expansion, requesting state to object S-06/28/94, 1 Res No 94-20 Millage rate for FY 1993-94 07/12/94, 2 Res No 94-21 Urban and Community Forestry Grant 07/12/94, 2 Res No 94-22 Urban and Community Forestry Grant 07/12/94, 2 Res No 94-23 Fire sprinkler system installation, Emergency Services Complex 07/12/94, 2 Res No 94-24 Landscape maintenance contract supervisor, agreement 07/12/94, 3 Res No 94-25 Crandon Blvd lighting, engineering services contract Res No 94-26 Ocean Lane, Sunrise Drive stormwater plans, specifications contract Res No 94-27 Financial, compliance audits of financial statements contract Res No 94-28 Recognizing Vernon's Pharmacy Res No 94-29 Crandon Blvd light system, joint participating agreement Res No 94-30 Tentative FY 1994-95 millage rate Res No 94-31 City Government Week proclamation Res No 94-32 Recognizing Dr Elliot Tyler Res No 94-33 Recognizing William Croysdale Res No 94-34 Recognizing Jane Yarnell Res No 94-35 Dade County lawsuit settlement Deferred Res No 94-36 Urging Dade County School Board to build elementary school Res No 94-37 Final FY 1994-95 millage rate Res No 94-38 Crandon Blvd Tree Farm name change to Village Green Res No 94-39 Playground equipment purchase contract Res No 94-40 Natural disasters, operating procedures for humanitarian efforts Res No 94-41 South Florida Water Management District Agreement Res No 94-42 Metropolitan Dade County Agreement, DARE Grant Res No 94-43 Commending Vila and Son Landscaping Corp , Library grounds Res No 94-44 Public park use of Village Green Res No 94-45 Village Manager to serve as representative on the transfer of solid waste Metropolitan Dade to the Village Res No 94-46 Residential solid waste collection services contract Res No 94-47 Police mutual aid agreement Res No 94-48 Beach renourishment programs, Sandra Goldstein appointed 07/12/94, 3 S-07/26/94, 3 S-08/01/94, 2 S-08/16/94, 1 S-08/30/94, 09/08/94, 6 09/13/94, 3 09/13/94, 3 09/13/94, 4 09/13/94, 4 09/13/94, 2 07/12/94, 3 S-09/20/94, 2 09/26/94, 2 10/11/94, 4 10/11/94, 4 11/15/94, 4 11/15/94, 5 11/15/94, 5 11/15/94, 5 11/15/94, 6 collection from S-12/22/94, 2 S-12/22/94, 2 S-12/22/94, 3 RESOLUTION NO 94-48 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA APPOINTING SANDRA GOLDSTEIN AS VILLAGE RESOURCE VOLUNTEER TO COMPILE AND UPDATE THE COUNCIL WITH RESPECT TO INFORMATION RELATING TO BEACH RENOURISHMENT, BEACH RENOURISHMENT PROGRAMS AND BEACH RENOURISHMENT FINANCING AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, this Council has a deep interest in preserving and renourishing the beaches within the Village, and WHEREAS, Dr Elliot Tyler previously served as a resource to the Village and Key Biscayne relating to beach renourishment projects, and WHEREAS, because of Dr Tyler's failing health, a void has been created with respect to beach renourishment issues, and WHEREAS, Sandra Goldstein has exhibited a willingness and ability to provide the Village with necessary information relating to beach renourishment matters, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 That Sandra Goldstein is hereby appointed as Village Resource Volunteer with the duty to provide to the Village government necessary information, data and financing information pertaining to beach renourishment Section 2 That Sandra Goldstein shall report to the Village Council on a quarterly or more frequent basis as necessary relating to her activities Section 3 The Village Manager is hereby directed to provide Sandra Goldstein with any clerical backup necessary for her to perform her duties Section 4 Sandra Goldstein shall serve as an unpaid volunteer for the Village but may be reimbursed by the Village for expenses incurred, with prior approval of the Village Council Section 5 This resolution shall become effective immediately upon its adoption PASSED AND ADOPTED this 22nd day of December , 1994 ATTEST GUIDO H II(GUANZO, JR , VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY 44 RICHARD J WEISS, VILLAGE ATTORNEY 9 3 OR JOHN F FESTA 1 k M i 1 1 RESOLUTION NO 94-47 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT, ON BEHALF OF THE VILLAGE, WITH METROPOLITAN DADE COUNTY FOR POLICE MUTUAL AID, PROVIDING FOR AN EFFECTIVE DATE BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 That the Village Manager is hereby authorized to execute an agreement, attached as Exhibit "A", on behalf of the Village, with Metropolitan Dade County for police mutual aid Section 2 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 22nd day of December , 1994 ATTEST GUIDO H IIVGUANZO, JR , VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY RICiRD J WEISS, VILLAGE ATTORNEY MUTUAL AID AGREEMENT Between Metropolitan Dade County and Participating Municipal Police Departments Whereas, it is the responsibility of the governments of Metropolitan Dade County, Florida and the participating Dade County municipalities to ensure the public safety of their citizens by providing adequate levels of police services to address any foreseeable routine or emergency situation, and Whereas, because of the existing and continuing possibility of the occurrence of law enforcement problems and other natural and man-made conditions which are, or are likely to be, beyond the control of the services, personnel, equipment, or facilities of the Metro -Dade Police Department or the participating municipal police departments, and Whereas, in order to ensure that preparation of these law enforcement agencies will be adequate to address any and all of these conditions, to protect the public peace and safety, and to preserve the lives and property of the people of the County of Dade and the participating Dade County municipalities, and Whereas, Metropolitan Dade County and the participating Dade County municipalities have the authority under Chapter 23, Florida Statutes, Florida Mutual Aid Act, to enter into a mutual aid agreement, NOW, THEREFORE, BE IT KNOWN that Dade County, a political subdivision of the State of Florida, and the undersigned representatives, in consideration for mutual promises to render valuable aid in times of necessity, do hereby agree to fully and faithfully abide by and be bound by the following terms and conditions 1 Short title Mutual Aid Agreement 2 Description Since this Mutual Aid Agreement provides for the requesting and rendering of assistance for both routine and law enforcement intensive situations, this Mutual Aid Agreement combines the elements of both a voluntary cooperation agreement and a requested operational assistance agreement, as described in Chapter 23, Florida Statutes 3 Definitions a Joint declaration A document which enumerates the various conditions or situations where aid may be requested or rendered pursuant to this Agreement, as determined by concerned agency heads Subsequent to execution by the concerned agency heads, the joint declaration shall be filed with the clerks of the respective political subdivisions and shall thereafter become part of this Agreement Said declaration may be amended or supplemented at any time by the agency heads by filing subsequent declarations with the clerks of the respective political subdivisions b Agency or participating law enforcement agency Either the Metro -Dad Police Department or the participating municipal police department c Agency head Either the Director of the Metro -Dade Police Department, or the Director's designees, and the Chief of Police of the participating municipal police department, or the Chiefs designees d Participating municipal police department The police department of any municipality in Dade County, Florida, that has approved and executed this Agreement upon the approval of the governing body of that municipality e Certified law enforcement employee Any law enforcement employee certified as provided in Chapter 943, Florida Statutes 4 Operations a In the event that a party to this Agreement is in need of asstance as specified in the applicable joint declaration, an authorized representative of the police department requiring assistance shall notify the agency from whom such assistance is requested The authorized agency representative whose assistance is sought shall evaluate the situation and his available resources, and will respond in a manner deemed appropriate b Each party to this Agreement agrees to furnish necessary manpower, equipment, facilities, and other resources and to render services to the other party as required to assist the requesting party in addressing the situation which caused the request, provided, however, that no party shall be required to deplete unreasonably its own manpower, equipment, facilities, and other resources and services in rendering such assistance c The agency heads of the participating law enforcement agencies, or their designees, shall establish procedures for giving control of the mission definition to the requesting agency, and for giving tactical control over accomplishing any such assigned mission and supervisory control over all personnel or equipment provided pursuant to this Agreement to the providing agency 5 Powers, Privileges, Immunities, and Costs a All employees of the participating municipal police department, including certified law enforcement employees as defined in Chapter 943, Florida Statutes, during such time that said employees are actually providing aid outside of the junsdictional limits of the employing municipality pursuant to a request for aid made in accordance with this Agreement, shall, pursuant to the provisions of Chapter 23, Florida Statutes, have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the political subdivision in which they are normally employed b The political subdivision having financial responsibility for the law enforcement agency providing services, personnel, equipment, or facilities pursuant to the provisions of this Agreement shall bear any loss or damage to same and shall pay any and all expenses incurred in the maintenance and operation of same c The political subdivision having financial responsibility for the law enforcement agency providing aid pursuant to this Agreement shall compensate all of its employees rendering aid pursuant to this Agreement during the time of the rendering of such aid and shall defray the actual travel and maintenance expenses of such employees while they are rendering such aid Such compensation shall include any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid Such compensation shall also include all benefits normally due such employees d All exemption from ordinance and rules, and all pension, insurance, relief, disability, workers' compensation, salary, death, and other benefits which apply to the activity of such officers, agents, or employees of any such agency when performing their respective functions within the territorial limits of their respective agencies shall apply to them to the same degree, manner, and extent while engaged in the performance of their functions and duties extraterntorially under the provisions of this Mutual Aid Agreement The provisions of this Agreement shall apply with equal effect to paid and auxiliary employees 6 Indemnification The political subdivision having financial responsibility for the law enforcement agency providing aid pursuant to this Agreement agrees to hold harmless, defend, and indemnify the requesting law enforcement agency and its political subdivision in any suit, action, or claim for damages resulting from any and all acts or conduct of employees of said providing agency while providing aid pursuant to this Agreement, subject to Chapter 768, Florida Statutes, where applicable 7 Forfeitures It is recognized that during the course of the operation of this Agreement, property subject to forfeiture under the Florida Contraband Forfeiture Act, Florida Statutes, may be seized The property shall be seized, forfeited, and equitably distributed among the participating agencies in proportion to the amount of investigation and participation performed by each agency This shall occur pursuant to the provisions of the Florida Contraband Forfeiture Act 8 Conflicts Any conflicts between this Agreement and the Florida Mutual Aid Act will be controlled by the provisions of the latter, whenever conditions exist that are within the definitions stated in Chapter 23 Florida Statutes 9 Effective Date and Duration This Agreement shall be in effect from date of signing, through and including, January 1, 2000 Under no circumstances may this Agreement be renewed, amended, or extended except in writing 10 Cancellation This Agreement may be cancelled by either party upon sixty (60) days written notice to the other party Cancellation will be at the discretion of the chief executive officers of the parties hereto AGREED TO AND ACKNOWLEDGED this day of , 199 V age Manager, Villa.- of County Manager, Dade County, Key Biscayne, Florida Florida ATTEST ATTEST Village Clerk, Village of County Clerk, Dade County, Key Biscayne, Florida Florida APPROVED AS TO FORM AND LEGAL APPROVED AS TO FORM AND LEGAL SUFFICIENCY SUFFICIENCY Village ttorney, Village o County Attorney, Dade County, Key Biscayne, Florida Florida RESOLUTION NO 94-46 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT, ON BEHALF OF THE VILLAGE, WITH INDUSTRIAL WASTE SERVICES, INC , MIAMI, FLORIDA, FOR RESIDENTIAL SOLID WASTE COLLECTION AND RECYCLING SERVICES, PROVIDING FOR AN EFFECTIVE DATE Whereas, on October 26, 1993, the Village Council authorized a solid waste collection study, and Whereas, on April 1, 1994, the Village presented Metropolitan Dade County with a termination notice with respect to solid waste services, and Whereas, on May 10, 1994, the Village Council authorized the drafting of a Request for Proposals for the collection, transportation and disposal of solid waste for the residential area of the Village, and Whereas, on July 22, 1994, proposals from private contractors were submitted to the Village, and Whereas, on September 1, 1994, the Village Council authorized the Village Manager and Village Attorney to negotiate a contract with Industrial Waste Services, Inc , Miami, Florida, for the collection, transportation and disposal of solid waste for the residential area of the Village, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS Section 1 That the Mayor is hereby authorized to execute an agreement, on behalf of Village, with Industrial Waste Services, Inc , Miami, Florida, for residential solid waste collection and recycling services Section 2 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 22nd day of December , 1994 MA R JOHN F PESTA MA R F FESTA ATTEST GUIDO H INGUANZO, JR , VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY eli"4 CRI J W ISS, VILLAGE ATTORNEY RESOLUTION NO 94-45 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO SERVE AS THE REPRESENTATIVE OF THE VILLAGE ON THE TRANSFER OF SOLID WASTE COLLECTION SERVICES FROM METROPOLITAN DADE COUNTY TO THE VILLAGE, PROVIDING FOR AN EFFECTIVE DATE BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS Section 1 That the Village Manager is hereby authorized to serve as the representative of the Village on the transfer of solid waste collection services from Metropolitan Dade County to the Village Section 2 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 22nd day of December , 1994 9.) R JOHN F FESTA GUIDO H NGUANZO, JR , VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY A-1 RICHARD J WEISS, VILLAGE ATTORNEY RESOLUTION NO 94-44 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA PURSUANT TO SECTION 33-303 OF THE CODE OF METROPOLITAN DADE COUNTY, AS MADE APPLICABLE TO THE VILLAGE, APPROVING PUBLIC PARK USE FOR THE APPROXIMATELY NINE ACRE "VILLAGE GREEN" PARCEL OF LAND LOCATED ALONG THE EAST SIDE OF CRANDON BOULEVARD, PROVIDING FOR FINDINGS AND AN EFFECTIVE DATE WHEREAS, the Village of Key Biscayne is the owner of the approximately nine acre parcel of land located within the Village on the east side of Crandon Boulevard and legally described on Exhibit "A" to this Resolution (the "Property"), and WHEREAS, the Village wishes to establish a municipal park facility on the Property, and WHEREAS, the Village, pursuant to Section 33-303 of the Code of Metropolitan Dade County, as made applicable to the Village by Article VIII of the Village Charter, has conducted a properly noticed public hearing on the establishment of the park facility, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 Findings The Village Council finds as follows A The proposed facility meets a public need and demand, and B The existing land use pattern in the area is consistent and compatible with the proposed uses, and C There exists no viable alternate location for the proposed facilities, and D The facility will not impose any unreasonable adverse impacts upon the surrounding properties, and E The proposed uses are consistent with future land uses envisioned for the Property, and F The facility promotes the public health, safety and welfare of the residents of the Village of Key Biscayne Section 2 Approval of Uses The Property is approved for park and playground purposes only, and only buildings and structures supplementary and incidental to such uses Section 3 Effective Date This Resolution shall be effective immediately PASSED AND ADOPTED this 15th day of November , 1994 ATTEST IDO H IN JANZO, JR , VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY RIC$ARD J WEISS, VILLAGE ATTORNEY Exhibit A parcel A portion of Tract 5, Subdivision of a Portion of Matheson Estate, according to the Plat thereof, recorded in Plat Book 46, at Page 86, of the Public Records of Dade County, Florida, being more particularly described as follows Commencing at the Southeast corner of said Tract 5, Matheson Estate, according to tht. Plat thereof, recorded in Plat Book 46, at page 86, of the Public Records of Dade County, Florida, run N 79 degrees 11'28" West along the South line of said Tract 5, a distance of 402 76 feet to the Southwest corner of said Tract 5, thence run northward along the West line of said Tract 5 said West line of said Tract 5 being the arc of a curve to the left having for its elements a radius of 1365 feet and a central angle of 17 degrees 52'23" for an arc distance of 425 80 feet to a point, thence run South 88 degrees 01'04" East for a distance of 104 65 feet to a point, thence run South 77 degrees 59'50" East for a distance of 300 24 feet to a point on the East line of said Tract 5, thence run Southward along the East line of said Tract 5, said East line of said Tract 5 being the arc of a curve to the right having for its elements a radius of 1765 feet and a central angle of 14 degrees 07'12" for an arc distance 434 97 feet to the Point of Beginning parcel a That portion of Tract 7, Subdivision of a portion of Matheson Estate, according to the Plat thereof, as recorded in Plat Book 46, at Page 88, of the Public Records of Dade County, Florida, being more particularly described as follows Begin at the Northeasterly corner of said Tract 7, said point lying on a circular curve concave to the Northwest said point bearing South 84 degrees 05'48" East from the center of said curve, thence Southwesterly along the Southeasterly boundary of said Tract 7 along said curve to the right having for its elements a radius of 1765 00 feet and a central angle of 11 degrees 05'38" for an arc distance of 341 75 feet, thence N 89 degrees 57'13" W for 424 03 feet to a point of intersection with the Northwesterly boundary of said Tract 7, said point lying on a circular curve concentric to the last described curve, said point bearing S 67 degrees 48'23"E from the center of said curve, thence Northeasterly along the said Northwesterly boundary of Tract 7 along said curve to the left having for its elements a radius of 1365 00 feet and a central angle of 14 degrees 33'05" for an arc distance of 346 67 feet to the Northwesterly corner of said Tract 7, thence due East along the said North line of Tract 7 for 402 76 feet to the Point of Beginning parcel 3 A portion of Tract 7, Subdivision of a Portion of Matheson Estate, according to the Plat thereof, as recorded in Plat Book 46, at Page 86, of the Public Records of Dade County, Florida, being particularly described as follows Commence at the Northeasterly corner of said Tract 7, said point lying on a circular curve concave to the Northwest, said point bearing S 84 degrees 05' 48" E from the center of said curve, thence Southwesterly along the Southeasterly boundary of said Tract 7 and along said curve to the right having for its elements a radius of 1765 00 feet, and a central angle of 11 degrees 05' 38" for an arc distance of 341 75 feet to the Point of Beginning, said point bearing S 73 degrees 00'10" East from the center of said curve, thence from the above established Point of Beginning continue Southwesterly along the said Southeasterly boundary of Tract 7 along said curve to the right having for its elements a radius of 1765 00 feet and a central angle of 09 degrees 41'40" for an arc distance of 298 64 feet to a point of reverse curvature, thence continue Southwesterly along the said Southeasterly boundary of Tract 7 along said curve to the left having for its elements a radius of 1266 37 feet and a central angle of 01 degrees 57'02" for an arc distance of 43 11 feet to a point lying along 150 00 feet North of, as measured at right angles to, the South line of said Tract 7, thence due West along a line that is 150 00 feet North of, as measured at right angles to, the said South line of Tract 7 for 429 71 feet to a point on the Northwesterly boundary of said Tract 7, said point lying on a circular curve concentric to the last described curve, said point bearing N 71 degrees 27'17" West from the center of said curve, thence Northeasterly along the said Northwesterly boundary of said Tract 7 along said curve to the right having for its elements a radius of 1666 37 feet and a central angle of 08 degrees 08'47" for an arc distance of 236 93 feet to a point of reverse curvature, thence continue Northeasterly along the said Northwesterly boundary of said Tract 7 along said curve to the left having for its elements a radius of 1365 00 feet and a central angle of 04 degrees 29'53" for an arc distance of 107 16 feet, thence South 89 degrees 57'13" East for 424 03 feet to the Point of Beginning RESOLUTION NO 94-43 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, COMMENDING VILA AND SON LANDSCAPING CORPORATION FOR THEIR DONATION OF GOODS AND SERVICES CONTRIBUTING TOWARDS THE BEAUTIFICATION OF LIBRARY GROUNDS, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village has supported the beautification of the Key Biscayne branch library grounds, and WHEREAS, Vila and Son Landscaping Corporation donated and installed 16,500 square feet of St Augustine Sod, and WHEREAS, the efforts of Vila and Son Landscaping Corporation have contributed towards the on -going beautification of the library grounds, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS Section 1 That the Village Council commends Vila and Son Landscaping Corporation for their donation of goods and services contributing towards the beautification of the Key Biscayne branch library grounds Section 2 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 15th day of November , 1994 R JOHN F FESTA GUIDO H INGUANZO, JR , VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY P L4..N.._—.. RIC eJ WEISS, VILLAGE ATTORNEY RESOLUTION NO 94-42 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, ON BEHALF OF THE VILLAGE, WITH METROPOLITAN DADE COUNTY TO RECEIVE AN ELEMENTARY SCHOOL DRUG ABUSE RESISTANCE (D A R E) PROGRAM GRANT, PROVIDING FOR AN EFFECTIVE DATE BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS Section 1 The Village Manager is hereby authorized to execute a professional services agreement, on behalf of the Village, with Metropolitan Dade County to receive a D A R E program grant in an amount not to exceed $2,281 00 Section 2 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 15th day of November , 1994 FESTA, MAYOR ATTEST Folip7 GUIDO H APPROVED INGUANZO, JR , AS TO FORM AND 4 VILLAGE CLERK LEGAL SUFFICIENCY RIC J WEISS, VILLAGE ATTORNEY RESOLUTION NO 94-41 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO A COOPERATIVE AGREEMENT, ON BEHALF OF THE VILLAGE, WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT, FOR STORMWATER RETROFIT PROJECT (CONTRACT NO C-6109), PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village submitted a proposal in response to the South Florida Water Management District's solicitation for stormwater management cooperative cost -share agreements, and WHEREAS, the Governing Body of the South Florida Water Management District, at its October 1994 meeting, authorized entering into such an agreement with the Village, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS Section 1 That the Village Manager is hereby authorized to enter into a cooperative agreement, attached as Exhibit A, on behalf of the Village, with the South Florida Water Management District, for a stormwater retrofit project (Contract No C-6109) Section 2 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 15th day of November , 1994 R JOHN F FESTA ATTEST GUIDO H INGUANZO, JR , VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY RICHARD J WEISS, VILLAGE ATTORNEY EXHIBIT A ORIGINAL C-6109 COOPERATIVE AGREEMENT BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND THE VILLAGE OF KEY BISCAYNE, FLORIDA This AGREEMENT is entered mto on , 1994, between "the Parties," the South Florida Water Management District, a pubhc corporation of the State of Flonda ("the DISTRICT"), and the Village of Key Biscayne, Flonda, a pohtical subdivision of the State of Flonda ("the VILLAGE"). WITNESSETH THAT: WHEREAS, the DISTRICT is a pubhc corporation of the State of Flonda, created by the Flonda Legislature and given those powers and responsibilities enumerated in Chapter 373, Flonda Statutes to mclude entering mto contracts with pubhc agencies, pnvate corporations or other persons, and WHEREAS, the DISTRICT desires to provide funding to assist the VILLAGE with a stormwater outfall system retrofit, and WHEREAS, the DISTRICT has funds m its current fiscal year budget (1994-1995), which are available for its funding of this AGREEMENT, and WHEREAS, the VILLAGE warrants and represents that it has no obligation or mdebtedness that would impair its ability to fulfill the terms and conditions of this AGREEMENT, and WHEREAS, the VILLAGE has submitted a proposal m response to the DISTRICT'S sohcitation for stormwater management cooperative cost -share agreements by Request for Proposals opened on May 11, 1994, and WHEREAS, the Governing Board of the DISTRICT, at its October 1994 meeting, has authorized entering mtothis AGREEMENT with the VILLAGE, NOW THEREFORE, the DISTRICT and the VILLAGE, in consideration of the mutual benefits flowing from each to the other, do hereby agree as follows Contract No C-6109 Page 1 of 9 ARTICLE 1 - STATEMENT OF WORK 11 The VILLAGE shall, to the satisfaction of the DISTRICT, fully and timely perform all work items descnbed m the "Statement of Work," attached hereto as Exhibit "A," and made a part of this AGREEMENT 1 2 As part of the services to be provided by the VILLAGE under this AGREEMENT, the VILLAGE shall substantiate, in whatever forum reasonably requested by the DISTRICT, such as, the methodology, scientific theories, data, reference materials, research notes, any work completed by assistants, models, concepts, analytical theories, computer programs and conclusions utilized as the basis for the final work product required by this AGREEMENT These additional services are subject to AGREEMENT amendment for fair consideration This paragraph shall survive the expiration or termination of this AGREEMENT ARTICLE 2 - TERM OF THE AGREEMENT 2 1 The penod of performance of this AGREEMENT shall commence on the date of execution and terminate on September 30, 1995 2 2 The parties agree that tune is of the essence m the performance of each and every obhgation under this AGREEMENT ARTICLE 3 - COMPENSATION/CONSIDERATION 3 1 As consideration for providing the services required by this AGREEMENT, the DISTRICT shall pay the VILLAGE an amount not to exceed One Hundred Sixty Six Thousand Six Hundred Eighty -One Dollars and No Cents ($166,681 00), as specified m Exhibit "A " Such amount includes travel and other expenses which the VILLAGE may or may not mcur and therefore no additional consideration shall be authorized The total amount of consideration for this AGREEMENT shall not exceed One Hundred Sixty Six Thousand Six Hundred Eighty -One Dollars and No Cents ($166,681 00) 3 2 The VILLAGE anticipates a total project cost of Four Hundred Sixteen Thousand Seven Hundred Three Dollars and No Cents ($416,703 00), with the balance of cost sharing funds to be obtained from the VILLAGE In the event such funding becomes unavailable, that shall be good and sufficient cause for the DISTRICT to terminate the AGREEMENT pursuant to Paragraph 7 2 below Contract No C-6109 Page 2 of 9 ARTICLE 4 - INVOICING AND PAYMENT 4 1 The VILLAGE'S invoice shall reference the DISTRICT'S Contract Number C-6109 and shall be sent to the followmg address South Flonda Water Management District Attn Division of Procurement and Contract Admuustration P 0 Box 24680 3301 Gun Club Road West Palm Beach, FL 33416-4680 The VILLAGE should not submit the mvoice to any other address at the DISTRICT 42 The VILLAGE shall submit one mvoice, upon completion of all required deliverables, pursuant to the schedule outlined m the Statement of Work, attached as Exhibit "A" 4 3 The DISTRICT shall pay the full amount of the mvoice within thirty (30) days of receipt and acceptance, provided the VILLAGE has performed the work according to the terms and conditions of this AGREEMENT However, failure by the VILLAGE to follow the foregoing instructions shall result m an unavoidable delay of payment by the DISTRICT ARTICLE 5 - PROJECT MANAGEMENT/NOTICE 5 1 The Project Manager for the DISTRICT is Tom Smgleton, at 1550 Madruga Avenue, Suite 412, Coral Gables, Flonda 33146, telephone (305) 669-6944 The Project Manager for the VILLAGE is Sam ICissmger, at 85 West McIntyre Street, Key Biscayne, Flonda 33149, telephone (305) 365-5514 The parties shall direct all matters ansmg m connection with the performance of this AGREEMENT, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this AGREEMENT 5 2 All notices, demands, or other communications to the VILLAGE under this AGREEMENT shall be m wanting and shall be deemed received if sent by certified mail, return receipt requested, to The Village of Key Biscayne 85 West McIntyre Street Key Biscayne, FL 33149 Contract No C-6109 Page 3 of 9 All notices to the DISTRICT under this AGREEMENT shall be m wnting and sent by certified mail to South Flonda Water Management Distnct Attn Division of Procurement and Contract Admuustration 3301 Gun Club Road P 0 Box 24680 West Palm Beach, FL 33416-4680 The VILLAGE shall also provide a copy of all notices to the DISTRICT'S Project Manager All notices required by this AGREEMENT shall be considered delivered upon receipt Should either party change its address, wntten notice of such new address shall promptly be sent to the other party All correspondence to the DISTRICT under this AGREEMENT shall reference the DISTRICT'S Contract Number C-6109 ARTICLE 6 - INDEMNIFICATION 6 1 The VILLAGE assumes any and all nsks of personal injury, bodily injury and property damage, mcludmg expenses, costs and attorney fees, attnbutable to the negligent acts or omissions of the VILLAGE and the officers, employees, servants, and agents thereof The VILLAGE, as a state agency, warrants and represents that it is self -funded for liability msurance, or has liability insurance, both public and property, with such protection being applicable to the VILLAGE officers, employees, servants and agents while acting within the scope of their employment with the VILLAGE The VILLAGE and the DISTRICT further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Flonda, (2) the consent of the State of Flonda or its agents and agencies to be sued, or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided m Section 768 28, Honda Statutes ARTICLE 7 - TERMINATION/REMEDIES 7 1 If either party fails to fulfill its obligations under this AGREEMENT m a timely and proper manner, the other party shall have the nght to terminate this AGREEMENT by givmg written notice of any deficiency The party m default shall then have ten (10) calendar days from receipt of notice to correct the deficiency If the defaulting party fails to correct the deficiency within this time, this AGREEMENT shall terminate at the expiration of the ten (10) day time penod Contract No C-6109 - Page 4 of 9 7 2 Either party may terminate this AGREEMENT at any time for convenience upon thirty (30) calendar days pnor written notice to the other party In the event of termmation, the DISTRICT shall compensate the VILLAGE for all authorized work performed through the termmation date The DISTRICT may withhold all payments to the VILLAGE for such work until such time as the DISTRICT determines the exact amount due to the VILLAGE 73 If either party initiates legal action, including appeals, to enforce this AGREEMENT, the prevailing party shall be entitled to recover a reasonable attomey's fee, based upon the fair market value of the services provided 7 4 In the event a dispute arises which the project managers cannot resolve between themselves, the parties shall have the option to submit to nonbinding mediation The mediator or mediators shall be impartial, shall be selected by the parties, and the cost of the mediation shall be borne equally by the parties The mediation process shall be confidential to the extent permitted by law ARTICLE 8 - RECORDS RETENTION/OWNERSHIP 8 1 The VILLAGE shall maintain records and the DISTRICT shall have mspection and audit nghts as follows A Maintenance of Records. The VILLAGE shall maintain all financial and non- financial records and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates, expenses, research or reports Such records shall be maintained and made available for mspection for a period of five years from completmg performance and receiving final payment under this AGREEMENT B Examination of Records The DISTRICT or its designated agent shall have the right to examine m accordance with generally accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT Such examination may be made only within five years from the date of final payment under this AGREEMENT and upon reasonable notice, time and place Records which relate to any litigation, appeals or settlements of claims ansmg from performance under this AGREEMENT shall be made available until a final disposition has been made of such litigation, appeals or claims ARTICLE 9 - STANDARDS OF COMPLIANCE 9 1 The VILLAGE, its employees, subcontractors or assigns, shall comply with all Contract No C 6109 Page 5 of 9 apphcable federal, state, and local laws and regulations relating to the performance of this AGREEMENT The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the VILLAGE, upon request, as to any such laws of which it has present knowledge 9 2 The laws of the State of Flonda shall govern all aspects of this AGREEMENT In the event it is necessary for either party to initiate legal action regarding this AGREEMENT, venue shall be m the Fifteenth Judicial Circuit for claims under state law and m the Southern District of Florida for any claims which are justiciable m federal court 9 3 The VILLAGE shall allow pubhc access to all project documents and materials m accordance with the provisions of Chapter 119, Flonda Statutes Should the VILLAGE assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other rehef as provided by law, shall be upon the VILLAGE 9 4 Pursuant to Section 216 347, F S , the VILLAGE is prohibited from the expenditure of any funds under this AGREEMENT to lobby the Legislature, the judicial branch, or another state agency 9 5 The VILLAGE shall obtain, at its sole expense, all necessary licenses, authorizations and permits from the appropnate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this AGREEMENT 9 6 The VILLAGE hereby assures that no person shall be excluded on the grounds of race, color, creed, national ongm, handicap, age, or sex, from participation m, denied the benefits of, or be otherwise subjected to discrimination in any activity under this AGREEMENT The VILLAGE shall take all measures necessary to effectuate these assurances ARTICLE 10 - RELATIONSHIP BETWEEN THE PARTIES 10 1 The VILLAGE is an mdependent contractor and is not an employee or agent of the DISTRICT Nothing m this AGREEMENT shall be interpreted to estabhsh any relationship other than that of an mdependent contractor, between the DISTRICT and the VILLAGE, its employees, agents, subcontractors, or assigns, during or after the performance of this AGREEMENT The VILLAGE is free to provide similar services for others 10 2 The VILLAGE shall not assign, delegate, or otherwise transfer its nghts and obhgations as set forth in this AGREEMENT without the pnor wntten consent of Contract No C-6109 Page 6 of 9 the DISTRICT. Any attempted assignment m violation of this provision shall be void ARTICLE 11 - GENERAL PROVISIONS 11 1 Notwithstanding any provisions of this AGREEMENT to the contrary, the parties shall not be held liable for any failure or delay m the performance of this AGREEMENT that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, nots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the parties Failure to perform shall be excused during the continuance of such circumstances, but this AGREEMENT shall otherwise remain m effect This provision shall not apply if the "Statement of Work" of this AGREEMENT specifies that performance by VILLAGE is specifically required during the occurrence of any of the events herem mentioned 11 2 The documents hsted below, by this reference, shall become a part of this AGREEMENT as though physically attached DISTRICT'S Request for Proposals No C-6100 VILLAGE'S Proposal dated May 6, 1994 11 3 In the event any provisions of this AGREEMENT shall conflict, or appear to conflict, the AGREEMENT, including all exhibits, attachments and all documents specifically mcorporated by reference, shall be interpreted as a whole to resolve any mconsistency 11 4 Failures or waivers to msist on stnct performance of any covenant, condition, or provision of this AGREEMENT by the parties, their successors and assigns shall not be deemed a waiver of any of its nghts or remedies, nor shall it relieve the other party from performing any subsequent obligations stnctly m accordance with the terms of this AGREEMENT No waiver shall be effective unless m wnting and signed by the party against whom enforcement is sought Such waiver shall be lunited to provisions of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision No waiver shall constitute a continuing waiver unless the wnting states otherwise 11 5 Should any term or provision of this AGREEMENT be held, to any extent, invand or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent junsdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law Contract No C-6109 Page 7 of 9 11 6 This AGREEMENT may be amended only with the written approval of the parties hereto 11 7 Pnor to engaging m any discussions with the news media pertaining to this AGREEMENT, the VILLAGE shall notify the DISTRICT'S Office of Government and Pubhc Affairs This includes news releases, media requests for interviews, feature articles, fact sheets, or promotional matenals 11 8 This AGREEMENT states the entire understanding and agreement between the parties and supersedes any and all written or oral representations, statements, negotiations, or agreements previously existing between the parties with respect to the subject matter of this AGREEMENT The VILLAGE recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bmd the DISTRICT in a contractual relationslup unless they have been reduced to writing and signed by an authorized DISTRICT representative This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors m interest Contract No C-6109 Page 8 of 9 IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AGREEMENT on the date first wntten above LEGAL FORM APPROVED SFWMD OFFICE OF COUNSEL oil c,,,,, ,,:„" DATE /6° da-9S` SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD By Deputy Executive Director Attest THE VILLAGE OF KEY BISCAYNE, FLORIDA By Title Contract No C-6109 Page 9 of 9 C-6109 Exhibit "A" Statement of Work Village of Key Biscayne Stormwater Retrofit INTRODUCTION During average rainfall events, the residential area served by Island Dnve, Cape Honda Dnve and Manner Dnve (Drainage Basins 4 & 5) is subject to severe flooding and access to the area by car is not possible This condition places a major burden on approximately 600 residents (15 % of the village population) who travel these streets to get to and from their homes and inhibits police, fire, and rescue operations To address these flooding conditions and similar conditions within the local community, the Village of Key Biscayne created a Local Stormwater Utility, and adopted a Stormwater Management Master Plan, dated September, 1993 The Village has adopted an annual maintenance plan and budget for existing and future stormwater facilities The plan provides for semiannual cleaning of catch basins, biannual cleaning of drainage wells and the cleaning of grass swales to insure maximum infiltration A state certified engineer will perform penodic inspections and site evaluations to insure that the system is properly operated and maintamed OBJECTIVES Retrofit an existing stormwater outfall to Biscayne Bay to provide water quality treatment and natural resource protection SCOPE OF WORK The "Basins 4 & 5 Project" involves the construction of an interconnected stormwater management system for the Island Dnve, Cape Flonda Dnve and Manner Dnve residential area (approximately 30 acres), that will improve the flooding condition and provide water quality treatment The District will pay 40 % of the actual cost of the improvements up to a maximum of $166,681 00 WORK BREAKDOWN STRUCTURE Task 1 1 Complete Final Design of the proposed improvements Task 1 2 Obtain approval of all regulatory agencies having junsdiction over the project Task 1 3 Obtain competitive bids for the proposed improvements Page 1 of 2, Exhibit "A" - C-6109 Task 1 4 Construct the proposed improvements and provide final certification STUDY AREA Village of Key Biscayne, Flonda DELIVERABLES No. Task Description Due Date 1 1 1 Final Drawings and Specifications (Key Biscayne to fund) 10/31/94 2 1 2 Final Permits (Key Biscayne to fund) 1/31/95 3 1 3 Construction Contract Awarded (Key Biscayne to fund) 3/31/95 4 1 4 Improvements completed with final certification and three (3) copies of "as -built" plans (District and Key Biscayne fundmg) 9/30/95 PAYMENT SCHEDULE Full payment to the Village of Key Biscayne shall be made on a reimbursement basis upon 100 % completion of the project (1 e Task 1 4) The payment by the Distnct shall not exceed the lesser of 40% of the actual contractual costs or $166,681 00 Together with the invoice, Key Biscayne shall supply the Distnct with copies of all cancelled checks showing the total payment made to its subcontractor The Village will also supply the Distnct with all engineer reports associated with inspections to venfy satisfactory completion of construction CONTINGENCIES In the event that mclement weather or a natural disaster delays activities, a request for a time extension shall be suppled by the Village to the District which mdicates the causes, tasks delayed, estimated time to complete and any recommendations for other modifications Page 2 of 2, Exhibit "A" - C-6109 RESOLUTION NO 94-40 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING OPERATING PROCEDURES FOR COORDINATION OF HUMANITARIAN EFFORTS, ON BEHALF OF THE VILLAGE, IN CASES OF NATURAL DISASTERS, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, in cases of natural disasters, there is a need for humanitarian assistance, and WHEREAS, the Village recognizes the necessity for the coordination of humanitarian efforts to assist those individuals and/or communities suffering from the aftermath of natural disasters, and WHEREAS, at a meeting held on September 29, 1994, the clergy of Key Biscayne and the Village Manager agreed to certain guidelines in the coordination of humanitarian efforts in cases of natural disasters, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS Section 1 That the following operating procedures for coordination of humanitarian efforts in cases of natural disasters be adopted 1 Requests for Village assistance by the clergy or a councilmember in providing humanitarian relief in the form of collecting food and/or clothing will be directed to the Village Manager 2 Once a majority of the clergy agree that the need is universal in scope, all the churches will assist in requesting appropriate donations of food and/or clothing 3 Depending on the scope of the relief effort, one or possibly all of the churches within the Village will be used as a drop-off point 4 The Village will assist and, if necessary, provide for the transportation of relief supplies from drop- off points within the Village to staging areas on the mainland Section 2 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 15th day of November , 1994 GUIDO H INGUANZO, JR , APPROVED AS TO FORM AND R JOHN F FESTA VILLAGE CLERK LEGAL SUFFICIENCY RI HARD J WE ISS, VILLAGE ATTORNEY 2 RESOLUTION NO 94-39 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AWARDING CONTRACT TO DOMINICA RECREATION PRODUCTS, FOR THE PURCHASE OF PLAYING EQUIPMENT FOR THE VILLAGE GREEN AT A COST NOT TO EXCEED $98,000 00, PROVIDING FOR CONTINGENCY FUNDING, PROVIDING FOR AN EFFECTIVE DATE BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS Section 1 That a contract be awarded to Dominica Recreation Products for the purchase of playing equipment for the Village Green at cost not to exceed $98,000 00 Section 2 That an additional ten percent be appropriated as contingency funding Section 3 That the monies be charged to the Village's Recreation Reserve Fund Section 4 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this llth day of October , 1994 ae.pk_ R JOHN F FESTA ATTEST GUIDO H GUANZO, JR VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY R ISS, VILLAGE ATTORNEY RESOLUTION NO 94-38 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, OFFICIALLY DESIGNATING THE PARCEL OF LAND COMMONLY REFERRED TO AS THE "CRANDON BOULEVARD TREE FARM" AS THE "VILLAGE GREEN", PROVIDING FOR AN EFFECTIVE DATE WHEREAS, On August 24, 1993, the Village Council authorized the purchase of property located between Crandon Boulevard and Fernwood Road, a legal description of which is attached as Exhibit "A", and WHEREAS, On February 10, 1994, the Village acquired the land, and WHEREAS, the property has been commonly referred to as the "Crandon Boulevard Tree Farm", NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS Section 1 That the Village Council officially designates the parcel of land commonly referred to as the "Crandon Boulevard Tree Farm" as the "Village Green" Section 2 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this llth day of October , 1994 R JOHN F FESTA ATTEST GUIDO H /tNGUANZO, JR , VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY RICHl4RD J WEISS, VILLAGE ATTORNEY Exhibit A Parcel 1 A portion of Tract 5, Subdivision of a Portion of Matheson Estate, according to the Plat thereof, recorded in Plat Book 46, at Page 86, of the Public Records of Dade County, Florida, being more particularly described as follows Commencing at the Southeast corner of said Tract 5, Matheson Estate, according to tht Plat thereof, recorded in Plat Book 46, at page 86, of the Public Records of Dade County, Florida, run N 79 degrees 11'28" West along the South line of said Tract 5, a distance of 402 76 feet to the Southwest corner of said Tract 5, thence run northward along the West line of said Tract 5 said West line of said Tract 5 being the arc of a curve to the left having for its elements a radius of 1365 feet and a central angle of 17 degrees 52'23" for an arc distance of 425 80 feet to a point, thence run South 88 degrees 01'04" East for a distance of 104 65 feet to a point, thence run South 77 degrees 59'50" East for a distance of 300 24 feet to a point on the East line of said Tract 5, thence run Southward along the East line of said Tract 5, said East line of said Tract 5 being the arc of a curve to the right having for its elements a radius of 1765 feet and a central angle of 14 degrees 07'12" for an arc distance 434 97 feet to the Point of Beginning Parcel 2 That portion of Tract 7, Subdivision of a portion of Matheson Estate, according to the Plat thereof, as recorded in Plat Book 46, at Page 88, of the Public Records of Dade County, Florida, being more particularly described as follows Begin at the Northeasterly corner of said Tract 7, said point lying on a circular curve concave to the Northwest said point bearing South 84 degrees 05'48" East from the center of said curve, thence Southwesterly along the Southeasterly boundary of said Tract 7 along said curve to the right having for its elements a radius of 1765 00 feet and a central angle of 11 degrees 05'38" for an arc distance of 341 75 feet, thence N 89 degrees 57'13" W for 424 03 feet to a point of intersection with the Northwesterly boundary of said Tract 7, said point lying on a circular curve concentric to the last described curve, said point bearing S 67 degrees 48'23"E from the center of said curve, thence Northeasterly along the said Northwesterly boundary of Tract 7 along said curve to the left having for its elements a radius of 1365 00 feet and a central angle of 14 degrees 33'05" for an arc distance of 346 67 feet to the Northwesterly corner of said Tract 7, thence due East along the said North line of Tract 7 for 402 76 feet to the Point of Beginning Parcel 3 A portion of Tract 7, Subdivision of a Portion of Matheson Estate, according to the Plat thereof, as recorded in Plat Book 46, at Page 86, of the Public Records of Dade County, Florida, being particularly described as follows Commence at the Northeasterly corner of said Tract 7, said point lying on a circular curve concave to the Northwest, said point bearing S 84 degrees 05' 48" E from the center of said curve, thence Southwesterly along the Southeasterly boundary of said Tract 7 and along said curve to the right having for its elements a radius of 1765 00 feet, and a central angle of 11 degrees 05' 38" for an arc distance of 341 75 feet to the Point of Beginning, said point bearing S 73 degrees 00'10" East from the center of said curve, thence from the above established Point of Beginning continue Southwesterly along the said Southeasterly boundary of Tract 7 along said curve to the right having for its elements a radius of 1765 00 feet and a central angle of 09 degrees 41'40" for an arc distance of 298 64 feet to a point of reverse curvature, thence continue Southwesterly along the said Southeasterly boundary of Tract 7 along said curve to the left having for its elements a radius of 1266 37 feet and a central angle of 01 degrees 57'02" for an arc distance of 43 11 feet to a point lying along 150 00 feet North of, as measured at right angles to, the South line of said Tract 7, thence due West along a line that is 150 00 feet North of, as measured at right angles to, the said South line of Tract 7 for 429 71 feet to a point on the Northwesterly boundary of said Tract 7, said point lying on a circular curve concentric to the last described curve, said point bearing N 71 degrees 27'17" West from the center of said curve, thence Northeasterly along the said Northwesterly boundary of said Tract 7 along said curve to the right having for its elements a radius of 1666 37 feet and a central angle of 08 degrees 08'47" for an arc distance of 236 93 feet to a point of reverse curvature, thence continue Northeasterly along the said Northwesterly boundary of said Tract 7 along said curve to the left having for its elements a radius of 1365 00 feet and a central angle of 04 degrees 29'53" for an arc distance of 107 16 feet, thence South 89 degrees 57'13" East for 424 03 feet to the Point of Beginning RESOLUTION NO 94-37 A RESOLUTION OF THE VILLAGE COUNCIL OF KEY BISCAYNE ADOPTING THE FINAL MILLAGE RATE OF THE VILLAGE OF KEY BISCAYNE FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1994 THROUGH SEPTEMBER 30, 1995, PURSUANT TO FLORIDA STATUTE 200 065 (TRIM BILL) , PROVIDING FOR AN EFFECTIVE DATE WHEREAS, pursuant to Section 200 065 of the Florida Statutes the Property Appraiser has made tax assessments for all real property within the jurisdiction of the Village of Key Biscayne, and WHEREAS, on September 8, 1994, the Village Council adopted the "Tentative Millage Rate" of 4 101 mils, Resolution 94-30, for the fiscal year commencing October 1, 1994 and further scheduled the final public hearing required by Section 200 065 of the Florida Statutes to be held on September 26, 1994, at 7 00 p m , and WHEREAS, said public hearing, as required by Section 200 065 (2) (d), was held by the Village Council on September 26, 1994, commencing at 7 00 p m , as previously advertised, and the public and all interested parties having had the opportunity to address their comments to the Village Council, the Village Council having considered the comments of the public regarding the millage rate and having complied with the "TRIM" requirements of the Florida Statutes, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 That the millage rate for the Village of Key Biscayne for the fiscal year commencing October 1, 1994 through September 30, 1995 be and is hereby fixed at the rate of 004101 mils which is $4 101 per thousand dollars of assessed property within the Village of Key Biscayne Section 2 That the roll -back rate is 4 1011 mils and the final millage rate is $4 101 -- which is 0024 percent under the roll -back rate Section 3 This resolution shall be effective immediately upon its adoption by the Village Council PASSED AND ADOPTED this 26th day of September , 1994 ATTEST Alb GUIDO H INGUANZO, JR ,VILLAGE CLERK APPROVED AS TO FORM RIC ' !► J SS, 7iLLAGE ATTORNEY/ I RESOLUTION NO 94-36 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA PERTAINING TO PUBLIC SCHOOL EDUCATIONAL FACILITIES ON KEY BISCAYNE, URGING THE SCHOOL BOARD TO ABANDON ITS CURRENT PLAN TO EXPAND THE KEY BISCAYNE ELEMENTARY SCHOOL AND ADOPT A NEW PLAN TO BUILD A NEW ELEMENTARY SCHOOL ON THE SAME SITE, URGING THAT THE NEW PLANS HAVE A PROVISION TO INCLUDE THE ADDITION OF GRADES 6 THROUGH 8 SUFFICIENT TO SATISFY THE KEY BISCAYNE POPULATION, PROVIDING FOR TRANSMISSION, PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE WHEREAS, this Council feels that the availability of an educational facility on Key Biscayne for the children here on Key Biscayne is an essential part of community life, and WHEREAS, this Council wishes to determine the preference and desire of Key Biscayners regarding school facilities and arranged a survey for this purpose, and WHEREAS, a report regarding said survey, dated August 24, 1994 was prepared by Gloria de la Cruz, a copy of which is attached to this Resolution, and WHEREAS, said report clearly indicates 1 That Key Biscayners do not favor the expansion of the Key Biscayne Elementary School as presently planned by the School Board and want the School Board to build a new elementary school on the same site 2 That Key Biscayners, because of the uniqueness of an island location and the lack of proximity to a middle school, want the new elementary facilities on Key Biscayne to have the capability to provide grades 6 through 8 to satisfy the Key Biscayne population, and WHEREAS, this Council, having the above information, wishes to urge the School Board to satisfy the preferences and desires of the Key Biscayne taxpayers, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS Section 1 That this Council urges the School Board to abandon its current plan to expand the Key Biscayne Elementary School and adopt a new plan to build a new elementary school on the same site Section 2 That this Council urges the School Board to provide in the new plans, provisions to include the addition of grades 6 through 8 sufficient to satisfy the Key Biscayne population Section 3 That the Village Clerk is hereby directed to provide copies of this Resolution to all School Board members and the School Board Superintendent Section 4 That the Village Attorney shall discuss with the School Board members and the Superintendent of Schools the intent of this resolution and report to this Council the outcome of said discussions Section 5 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 20th day of September , 1994 ATTEST • OR JOHN F FESTA GUIDO H 1 UANZO, JR , VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY STEPHEN1J H LAGE ATTORNEY 2 RESOLUTION NO 94-35 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING THE EXECUTION OF APPROPRIATE DOCUMENTS FOR THE PURPOSE OF RESOLVING THE LAWSUIT ENTITLED VILLAGE OF KEY BISCAYNE VS. DADE COUNTY, CASE NO 90- 61564CA32, IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA INVOLVING THE INTERNATIONAL TENNIS CENTER AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, there is currently pending a lawsuit entitled Village of Key Biscayne vs Dade County, Case No 90-61564CA32, in the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida wherein the Village challenged the erection of the International Tennis Center ("ITC") by Metropolitan Dade County as violative of the Metropolitan Dade County Development Master Plan, and WHEREAS, this Council wishes to resolve such litigation by filing of a restrictive covenant by the County which restricts the uses of the ITC, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 The Mayor and Village Attorney are hereby authorized to execute appropriate documents in order to dismiss with prejudice the lawsuit entitled Village of Key Biscayne vs. Dade County, Case No 90-61564CA32, in the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida and to file such documents with the Court in exchange for a recorded restrictive covenant in the form attached hereto as Exhibit "A" Section 2 This resolution shall become effective immediately upon its adoption PASSED AND ADOPTED this 13th day of September , 1994 5-L 7I-r"-- YR JOHN F FESTA ATTEST GUIDO H AS TO FORM AND APPROVED VILLAGE CLERK LEGAL SUFFICIENCY WEISS, VILLAGE ATTORNEY :I 2 RESOLUTION NO 94-34 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, RECOGNIZING JANE YARNELL FOR HER MANY YEARS OF COMMUNITY SERVICE, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on July 4, 1954, Jane Yarnell and her husband, Ed, moved to Key Biscayne, and WHEREAS, in 1967, Jane Yarnell went to work for the Key Biscayne Chamber of Commerce as the organization's secretary, and WHEREAS, Jane Yarnell's service to the chamber of commerce included a prominent role in the organization of Key Biscayne's annual 4th of July parade, and WHEREAS, among her many duties, Jane Yarnell has also handled the ticket sales and coordinated logistics for many other chamber of commerce and community events, and WHEREAS, On July 28, 1994, Jane Yarnell retired, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS Section 1 That the Village Council hereby recognizes Jane Yarnell for her many years of service to the Key Biscayne community Section 2 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 13th day of September , 1994 R JOHN F FESTA ATTEST GUIDO H INGUANZO, JR , VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY RICHARD J WEISS, VILLAGE ATTORNEY RESOLUTION NO 94-33 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, COMMENDING WILLIAM E CROYSDALE FOR HIS SERVICE TO THE VILLAGE AS A SPECIAL MASTER, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on June 23, 1992, the Board of Trustees adopted Ordinance 92-14 which established code enforcement regulations and created the Office of the Special Master, and WHEREAS, on July 12, 1992, the Board of Trustees appointed William E Croysdale to serve as the Village of Key Biscayne's first Special Master, and WHEREAS, William E Croysdale served for two terms as the Special Master, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS Section 1 That the Village Council commends William E Croysdale for his service to the Village of Key Biscayne as a Special Master Section 2 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 13th day of September , 1994 ATTEST Alp GUIDO H INGUANZO, JR , VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY RI J WE I S S, VILLAGE ATTORNEY RESOLUTION NO 94-32 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, RECOGNIZING DR ELLIOT TYLER FOR HIS EFFORTS TOWARDS THE SUCCESSFUL RESTORATION OF THE KEY BISCAYNE BEACH, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Dr Elliot Tyler worked closely with the area's congressional delegation to secure federal cooperation and coordinated with other federal officials to facilitate the renourishment of the Key Biscayne Beach, and WHEREAS, Dr Elliot Tyler secured the private funding component of the project and was successful in obtaining over $1 0 million, and WHEREAS, Dr Elliot Tyler's efforts resulted in the restoration of over 2 4 miles of severely eroded Key Biscayne shorefront and the overall project is recognized nationally as one of the most successful ever completed both in terms of its proven durability and its impact on the community, and WHEREAS, Dr Elliot Tyler is credited, more than any other individual, with the 1987 restoration of the Key Biscayne Beach, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS Section 1 That the Village Council hereby recognizes Elliot Tyler for his efforts towards the successful restoration of the Key Biscayne Beach Section 2 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 13th day of September , 1994 R JOHN F FESTA ATTEST QUIDO H IN ANZO, JR , VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY RICHARD J WEISS, VILLAGE ATTORNEY RESOLUTION NO 94-31 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, RECOGNIZING CITY GOVERNMENT WEEK, OCTOBER 23 - 29, 1994, AND ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATION, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, city government is the government closest to most citizens and the one with the most direct daily impact upon its residents, and WHEREAS, city government is administered for and by its citizens and is dependent upon public commitment to and understanding of its many responsibilities, and WHEREAS, city government officials and employees share the responsibility to pass along their understanding of public services and their benefits, and WHEREAS, Florida City Government Week is a very important time to recognize the important role played by city government in our lives, and WHEREAS, this week offers an important opportunity to spread the word to all the citizens of Florida that they can shape and influence this branch of government which is closest to the people, and WHEREAS, the Governor and Cabinet of the State of Florida have set aside this week to recognize and honor the efforts of city governments, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS Section 1 That the Village of Key Biscayne encourages all citizens, city government officials and employees to do everything possible to ensure that this week is recognized and celebrated accordingly Section 2 That the Village of Key Biscayne does support and encourage all city governments to actively promote and sponsor "Florida City Government Week" PASSED AND ADOPTED this 13th day of September , 1994 ATTEST R JOHN F FESTA GUIDO H I UANZO, JR , VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY RICI RD J WEISS, VILLAGE ATTORNEY 2 RESOLUTION NO 94-30 A RESOLUTION OF THE VILLAGE COUNCIL OF KEY BISCAYNE ADOPTING THE TENTATIVE MILLAGE RATE OF THE VILLAGE OF KEY BISCAYNE FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1994 THROUGH SEPTEMBER 30, 1995 PURSUANT TO FLORIDA STATUTE 200 065 (TRIM BILL), SETTING A DATE FOR A FINAL PUBLIC HEARING TO ADOPT THE MILLAGE RATE WHEREAS, on July 12, 1994 the Village Council adopted Resolution No 94-20 determining the "Proposed Millage Rate" for the fiscal year commencing October 1, 1994 and further scheduled the public hearing required by Section 200 065 of the Florida Statutes to be held on September 8, 1994 at 7 00 p m , and WHEREAS, the Property Appraiser has properly noticed the public hearing scheduled for September 8, 1994 at 7 00 p m at 85 West McIntyre Street, Second Floor, Key Biscayne, Florida, 33149 as required by Chapter 200 of the Florida Statutes, and WHEREAS, the said public hearing as required by Section 200 065 (2) (c) was held by the Village Council on September 8, 1994 commencing at 7 00 p m in the evening as previously noticed and the public and all interested parties having had the opportunity to address their comments to the Village Council and the Village Council having considered the comments of the public regarding the tentative millage rate and having complied with the "TRIM" requirements of the Florida Statutes, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 That the tentative millage rate for the Village of Key Biscayne for the fiscal year commencing October 1, 1994 through September 30, 1995 be and is hereby fixed at the rate of 004101 mils which is $4 101 dollars per thousand of assessed property within the Village of Key Biscayne Section 2 That the "Proposed Millage Rate" of 00435 mils is hereby amended and that the "Tentative Millage Rate" of 004101 mills be adopted for the Village of Key Biscayne Section 3 That a final public hearing to adopt a millage rate and budget for the fiscal year commencing October 1, 1994 through September 30, 1995 be and is hereby set at the Council Chamber, 85 West McIntyre Street, Second Floor, Key Biscayne, Florida 33149 at 7 00 p m on Monday, September 26, 1994 Section 4 That the Village Clerk be and is hereby directed to advertise the said public hearing as required by law PASSED AND ADOPTED this 8th day of September , 1994 ATTEST � l VILLAGE &RK APPROVED AS TO FORM VILLAGE ATTORNEY 2 R JOHN F FESTA RESOLUTION NO 94-29 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A JOINT PARTICIPATION AGREEMENT FOR THE CONSTRUCTION OF THE STREET LIGHTING SYSTEM OF CRANDON BOULEVARD WITHIN THE LIMITS OF THE VILLAGE, APPROPRIATING FUNDS, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Metropolitan Dade County and the Florida Department of Transportation are planning to improve the roadway lighting system along the entire length of Crandon Boulevard with the installation of new polls and the replacement of underground electrical wires, and WHEREAS, On June 28, 1994, the Village Council approved the Village Manager's recommendation for the enhancement of the proposed lighting within the Village limits, and WHEREAS, Resolution No 94-25 was adopted on July 12, 1994, authorizing the Village Manager to execute an agreement with David Volkert & Associates, Inc , Miami, Florida for engineering services for the Village portion of the cost of the Crandon Boulevard Roadway Lighting Improvement project, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS Section 1 That the Village Manager is hereby authorized to execute, substantially in the form attached, a Joint Participation Agreement, on behalf of the Village with the Florida Department of Transportation, Miami, Florida, for construction of the street lighting system of Crandon Boulevard within the Village limits Section 2 The funds shall be appropriated from the 1994 Fiscal Year Budget surplus Section 3 This resolution shall take effect immediately upon adoption Page 1 of 2 PASSED AND ADOPTED this 30th day of August , 1994 ATTEST ,-(?Ak- • -9-,,a,i- R JOHN F FESTA GUIDO H NUUANZO, JR , VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY RICHARD J WEISS, VILLAGE ATTORNEY Page 2 of 2 RESOLUTION NO 94-28 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, COMMENDING VERNON'S PHARMACY FOR THEIR YEARS OF COMMUNITY SERVICE, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Vernon's Pharmacy is the oldest business on Key Biscayne -- opening its doors in 1951, and WHEREAS, for many years, Vernon's Pharmacy was the only store on the island, and WHEREAS, Vernon's Pharmacy has always greeted its customers with a friendly hello and provided personalized service, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS Section 1 That the Village Council hereby commends Vernon's Pharmacy for forty-three years of committed service to the residents of Key Biscayne Section 2 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 16th day of August , 1994 R JOHN F FESTA ATTEST J / VILLAG CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY VILLA et AT 0BE RESOLUTION NO 94-27 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN AGREEMENT WITH RACHLIN & COHEN CERTIFIED PUBLIC ACCOUNTANTS AND CONSULTANTS, CORAL GABLES, FLORIDA, FOR THE PERFORMANCE OF FINANCIAL AND COMPLIANCE AUDITS OF VILLAGE FINANCIAL STATEMENTS, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on August 11, 1992, the Village Council authorized an agreement with Rachlin & Cohen Certified Public Accountants and Consultants for the audit of financial statements for the three year period ending September 30, 1992, 1993 and 1994, and WHEREAS, the Village wishes to extend its agreement with Rachlin & Cohen Certified Public Accountants and Consultants to include the audit of financial statements for the three year period ending September 30, 1994, 1995 and 1996, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS Section 1 That the Village Manager is hereby authorized to execute the attached agreement on behalf of the Village with Rachlin & Cohen Certified Public Accountants and Consultants, Coral Gables, Florida, for the performance of financial and compliance audits of Village financial statements for the three year period ending September 30, 1994, 1995 and 1996 Section 2 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 1st day of august , 1994 VICE MAYOR J ATTE $� l � GUIDO INGUA NZO, INGUANZO, JR , VILLAGE CLERK APPROVED AS TO FORM 1 ND LEGAL SUFFICIENCY �f STEPHEN HELF ii ► , VIL GE A ORNEY RESOLUTION NO 94-26 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO AN AGREEMENT WITH WILLIAMS, HATFIELD & STONER, MIAMI, FLORIDA, FOR STORMWATER PLANS AND SPECIFICATIONS FOR OCEAN LANE AND SUNRISE DRIVES, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on March 8, 1994, the Village Council adopted Resolution 94-9 authorizing an agreement between the Village of Key Biscayne and Williams, Hatfield & Stoner, Miami, Florida, for the preparation of stormwater plans and specifications for the Holiday Colony area, and WHEREAS, the Village wishes to incorporate into the Holiday Colony agreement services relating to Ocean Lane Drive and Sunrise Drive stormwater improvements, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS Section 1 That the Village Manager is hereby authorized to enter into the attached agreement on behalf of the Village with Williams, Hatfield & Stoner, Miami, Florida, for the preparation of stormwater plans and specifications for the Ocean Lane Drive and Sunrise Drive stormwater improvements Section 2 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 26th day of/ 1�_, 1994 MAYOR PRO TEM MORTIMER FR D ATTEST ic7 GUIDO H I( TGUANZO, JR , VILLAGE CLERK APPROVED AS T� FORD[ AND LEGAL SUFFICIENCY RIC SS, PILLAGE ATTORNEY RESOLUTION NO 94-25 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN AGREEMENT WITH DAVID VOLKERT & ASSOCIATES, INC , MIAMI, FLORIDA, FOR ENGINEERING SERVICES FOR THE VILLAGE PORTION OF THE COST OF THE CRANDON BOULEVARD ROADWAY LIGHTING IMPROVEMENT PROJECT, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Metropolitan Dade County and the Florida Department of Transportation are planning to improve the roadway lighting system along the entire length of Crandon Boulevard with the installation of new polls and the replacement of underground electrical wires, and WHEREAS, On June 28, 1994, the Village Council approved the Village Manager' s recommendation for the enhancement of the proposed lighting within the Village limits, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS Section 1 That the Village Manager is hereby authorized to execute the attached agreement on behalf of the Village with David Volkert & Associates, Inc , Miami, Florida, for engineering services for the Village portion of the cost of the Crandon Boulevard Roadway Lighting Improvement project Section 2 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 12th day of ATTES GUIDO H INGUANZO, JR , VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY RI HARD J WEISS, VILLAGE ATTORNEY VICE OR JOE I RASCO Contract No 400203 40 DAVID & AOLKERTSSOCIATES, IN( Engineers • Architects • Planners July 5, 1994 Village of Key Biscayne 85 West McIntyre Street Key Biscayne, FL 33149 Attn Re Mr Sam Kissinger Village of Key Biscayne Roadway Lighting Dear Mr Kissinger We propose to complete the design work associated with the referenced project for a lump sum fee of $18,800 00 Per our conversation on July 5, 1994, we understand that contractual relationship between Volkert and the Village of Key Biscayne will be identical to the one between Metro -Dade County and Volkert A contract copy has been attached for your reference We understand the scope of work to be as per the attached June 6, 1994 conference summary Also per your request, we have included insurance certificates If the foregoing is acceptable please sign below and return a copy for our records Thank you Very truly yours, DAVID VOLKERT & ASSOCIATES, INC 4444 ALFONSO FERNANDZ-FRAGA, P E Vice President h \corr\letters\kissinge 400 Enclosure cc Margaret Hancken Margaret Swindle Jennie Deliaglia Accepted by 4960 5W 72nd Avenue • Suite 201 • Miami FI 33155 • (305) 667 2224 • Fax (305) 666 4658 Birmingham AL Gulf Shores AL Mobile AL Ft Walton Bcach FL Tampa 141 Ncw Orleans LA Metropolitan Washington D C RESOLUTION NO 94-24 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO AN AGREEMENT WITH A PART-TIME CONTRACT EMPLOYEE TO SERVE AS A LANDSCAPE MAINTENANCE CONTRACT SUPERVISOR, DEFINING DUTIES, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village has recently completed a beautification program, and WHEREAS, the project was designed by two landscape who currently oversee the program at rates of $65 00 to hour, and $2 million architects $85 00 per WHEREAS, a part-time contract employee could provide the same service at rates of $20 00 to $25 00 per hour, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS Section 1 That the Village Manager is hereby authorized to enter into an agreement with a part-time contract employee to serve as a landscape maintenance contract supervisor Section 2 That the duties of the landscape maintenance contract supervisor shall be as follows inspect landscaping and irrigation system on a weekly or as needed basis, provide weekly reports on the condition of the landscaping and irrigation system, supervise and coordinate the work of the landscape maintenance contractor, develop a schedule with landscape maintenance contractor for fertilization, pruning, weeding, disease and pest control, and debris removal, respond to landscaping related problems, supervise and coordinate work of beach cleaning contractor, and other special assignments and projects as assigned by the Village Manager Section 3 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 12th day of Ju ATTEST .. 7 GUIDO H GUANZO, JR , VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY R�J WEISS, VILLAGE ATTORNEY 44 VICE MAYOR JOE I RASCO RESOLUTION NO 94-23 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AWARDING CONTRACT TO GRINNELL CORPORATION, HIALEAH, FLORIDA, FOR FIRE SPRINKLER SYSTEM INSTALLATION AT EMERGENCY SERVICES COMPLEX, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village wishes to contract for the installation of a fire sprinkler system at the Emergency Services Complex, and WHEREAS, pursuant to Section 2-82 of the Village Code, competitive bidding is required for contracts in excess $2,500 00, and WHEREAS, pursuant to Section 2-83 of the Village Code, three sealed bids were solicited, and WHEREAS, Grinnell Corporation, Hialeah, Florida, submitted the lowest bid, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS Section 1 That a contract be awarded to Grinnell Corporation, Hialeah, Florida, for the installation of a fire sprinkler system at the Emergency Services Complex, at a cost not to exceed $12,130 00 Section 2 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 12th ATTEST 1912.4!ro_. GUIDO H GUA GUIDO H GUANZO, JR , VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY RI2sitgli,1 J WEISS, VILLAGE ATTORNEY day of July , 1994 RESOLUTION NO 94-22 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO AN URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village of Key Biscayne lost an estimated 70% of its tree canopy due to Hurricane Andrew, and WHEREAS, the Village of Key Biscayne has undertaken a project to restore the lost tree canopy through the planting of appropriate tree species along all residential streets, and WHEREAS, the Village of Key Biscayne wishes to enter into the necessary agreements with the Department of Agriculture and Consumer Services to allow for the receipt of federal grant funds for an informational brochure on trees for distribution to Village residents, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS Section 1 That the Village Manager is hereby authorized to enter into an Urban and Forestry Grant Memorandum of Agreement between the Village of Key Biscayne and the State of Florida Department of Agriculture and Consumer Services Section 2 That the Village Clerk is hereby directed to send a copy of this resolution to the Department of Agriculture and Consumer Services Section 3 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 12th day of July , 1994 VICE MAYOR JOE I RASCO ATTEST GUIDO H INGUANZO, JR , VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY RICHARD J WEISS, VILLAGE ATTORNEY RESOLUTION NO 94-21 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO AN URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village of Key Biscayne lost an estimated 705 of its tree canopy due to Hurricane Andrew, and WHEREAS, the Village of Key Biscayne has undertaken a project to restore the lost tree canopy through the planting of appropriate tree species, and WHEREAS, the Village of Key Biscayne wishes to enter into the necessary agreements with the Department of Agriculture and Consumer Services to allow for the receipt of federal grant funds for tree planting, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS Section 1 That the Village Manager is hereby authorized to enter into an Urban and Forestry Grant Memorandum of Agreement between the Village of Key Biscayne and the State of Florida Department of Agriculture and Consumer Services Section 2 That the Village Clerk is hereby directed to send a copy of this resolution to the Department of Agriculture and Consumer Services Section 3 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 12th day of July , 1994 VICE MAYOR JOE I RASCO ATTEST GUIDO INGUANZO, JR , VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY LA RI J WEISS, VILLAGE ATTORNEY 2 RESOLUTION NO 94-20 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, DETERMINING THE PROPOSED MILLAGE RATE, THE CURRENT YEAR ROLLED -BACK RATE, AND THE DATE, TIME AND PLACE FOR THE FIRST AND SECOND PUBLIC HEARINGS AS REQUIRED BY LAW, DIRECTING THE CLERK AND MANAGER TO FILE SAID RESOLUTION WITH THE PROPERTY APPRAISER OF METROPOLITAN DADE COUNTY PURSUANT TO THE REQUIREMENTS OF FLORIDA STATUTES AND THE RULES AND REGULATIONS OF THE DEPARTMENT OF REVENUE OF THE STATE OF FLORIDA, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on July 1, 1994 the Honorable Joel Robbins, Property Appraiser of Metropolitan Dade County, Florida, served upon the Village of Key Biscayne, A "Certification of Taxable Value" certifying to the Village of Key Biscayne its 1994 taxable value, and WHEREAS, the provisions of Florida Statutes Section 200 065 require that within thirty-five (35) days of service of the Certification of Taxable Value upon a municipality, said municipality shall be required to furnish to the Property Appraiser of Metropolitan Dade County the proposed millage rate, the current year rolled -back rate, and the date, time and place at which a first public hearing will be held to consider the proposed millage and the tentative budget, and WHEREAS, the Village Council desires to announce the dates of the first and second public hearings to the Property Appraiser of Metropolitan Dade County, and WHEREAS, the Village Council has reviewed the figures supplied by the Property Appraiser of Metropolitan Dade County and conferred at a public meeting with the Village Attorney and that being otherwise fully advised in the premises, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA SECTION 1 That the proposed millage for the first public hearing is hereby declared to be 00435 mills which is $4 35 per $1,000 00 of assessed property within the Village of Key Biscayne SECTION 2 That the current year rolled -back rate, computed pursuant to Section 200 065 F S , is $4.1011 per $1,000 00 SECTION 3 That the date, time and place of the first and second public hearings is hereby set by the Village Council as follows Date Time Place September 8, 1994 7 00 p m Key Biscayne Village Hall Council Chamber (Second Floor) 85 West McIntyre Street Key Biscayne, Florida 33149 September 26, 1994 7 00 p m Key Biscayne Village Hall Council Chamber (Second Floor) 85 West McIntyre Street Key Biscayne, Florida 33149 SECTION 4 That the Village Clerk and Village Manager are directed to attach the original Certification of Taxable Value to a certified copy of this resolution and serve the same upon the Honorable Joel Robbins, Property Appraiser of Metropolitan Dade County on or before August 4, 1994 SECTION 5 This resolution shall be effective immediately upon its adoption PASSED AND ADOPTED this 12th day of J ATTESTF GUIDO H GUA GUIDO H GUANZO, JR , VILLAGE CLERK APPROVED AS TO LEGAL SUFFICIENCY i AtiA RI RD J WEISS, VILLAGE ATTORNEY -2- VICE MAYOR JOE I RASCO RESOLUTION NO 94-19 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA URGING THE STATE OF FLORIDA TO OBJECT TO THE AMENDMENT TO THE DADE COUNTY COMPREHENSIVE PLAN RELATIVE TO THE MIAMI SEAQUARIUM EXPANSION AND PROVIDING FOR AN EFFECTIVE DATE 1 WHEREAS, the Dade County Master Plan, as originally adopted, contained a general provision relating to the types of facilities permitted in public parks, and WHEREAS, a development order was issued by the Metropolitan Dade County Commission permitting an expansion of the Miami Seaquarium and finding that an expansion of the Seaquarium consisting of bars, restaurants, a water slide, theaters, etc was consistent with the Dade County Master Plan, and WHEREAS, the Village of Key complaint with the Circuit Court, County Commission's determination was upheld by the Florida Supreme Biscayne, by filing a verified successfully challenged the Dade of consistency, which challenge Court, and WHEREAS, an amendment to the Dade County Master Plan has been proposed and submitted to the State of Florida for approval which would permit the water slide, movie theaters, bars, restaurants, and other amusement park features to be part of an expanded Miami Seaquarium, even though the court previously concluded that such uses violated the Dade County Master Plan as originally drafted, and WHEREAS, the residents of the Village of Key Biscayne remain strongly opposed to this type of commercialization of the Seaquarium site, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS Section 1 That the State of Florida is urged to object to the proposed amendment to the Dade County Master Plan permitting the expansion of the Seaquarium Section 2 The Clerk is instructed to transmit copies of this Resolution to all members of the Metropolitan Dade County Commission and appropriate members of the government of the State of Florida Section 3 This resolution shall become effective immediately upon its adoption PASSED AND ADOPTED this 28th day of June , 1994 ATTEST GUIDO H GUANZO, JR , VILLAGE CLERK APPROVED AS TO LEGAL SUFFICIENCY J WEISS, VILLAGE ATTORNEY RESOLUTION NO 94-18 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, COMMENDING THE VOLUNTEERS WHO CONTRIBUTED TO THE SUCCESS OF THE VILLAGE'S 1994 ARBOR DAY CELEBRATION, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Arbor Day is celebrated throughout our nation to advocate the planting of trees and the beautification of America, and WHEREAS, Mayor John F Festa proclaimed April 15, 1994 as Arbor Day in the Village of Key Biscayne, and WHEREAS, Arbor Day ceremonies, coordinated by the Recreation Department, were held at the Key Biscayne Elementary School and St Agnes Academy, and WHEREAS, activities at each school included the reading of the Arbor Day Proclamation, a presentation regarding preservation by State Forester Kathy Martinez and the planting of a tree donated by Vila and Son Landscaping Corporation, and WHEREAS, the hard work, commitment and dedication of several volunteers contributed to the success of these events, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS Section 1 The Village Council commends the hard work, commitment and dedication of the following volunteers who contributed to the success of the Village's Arbor Day celebration held on April 15, 1994 at the Key Biscayne Elementary School and St Agnes Academy Sheila Cruz, Principal, St Agnes Academy Sharon Lee, Assistant Principal, Key Biscayne Elementary Kathy Martinez, Forester, Cape Florida State Park William O'Leary, Landscape Architect Aimee Sanchez, Program Coordinator Juan Vila, Vila and Son Landscaping Corporation Section 2 A copy of this resolution shall be presented to each volunteer specifically named above 1 Section 3 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 26th day of April , 1994 LE> ad,. OR JOHN F FESTA ATTEST GUIDO H INGUANZO, JR , VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY J WEISS, VILLAGE ATTORNEY 1 RESOLUTION NO 94-17 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, COMMENDING WOOLLEY'S FINE FOODS FOR THEIR COMMUNITY INVOLVEMENT AND PARTICIPATION, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, improved communication with the residents of the Village is a goal of the Village Council, and WHEREAS, it is the Village Council's desire to maximize public participation at meetings, and WHEREAS, Woolley's Fine Foods has provided space to the Village for the placement of a bulletin board in a highly visible location, and WHEREAS, posted on this bulletin board will be public notices, announcements and event schedules which will heighten public knowledge of Village activities and, as a result, enhance community involvement and participation, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS Section 1 That the Village Council commends Woolley's Fine Foods for their community involvement and participation by providing space for a highly visible bulletin board that will serve as an information center of Village activities for residents Section 2 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 26th day of April , 1994 ATTE zt7,10._. S'�x � l VILLAGE RK VILLAGE RK ROVED AS TO --FORM AND LEGAL SUFFICIENCY RESOLUTION NO 94-16 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AWARDING CONTRACT TO SOUTH COAST IRRIGATION, INC , MIAMI, FLORIDA, FOR INSTALLATION OF IRRIGATION SYSTEM AT KEY BISCAYNE LIBRARY, WAIVING COMPETITIVE BIDDING PROCEDURES, PROVIDING FOR AN EFFECTIVE DATE BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS Section 1 That a contract be awarded to South Coast Irrigation, Inc , Miami, Florida, for the installation of an irrigation system at the Key Biscayne Branch Library, at a cost not to exceed $9,500 00 Section 2 That competitive bidding procedures be waived pursuant to Section 2-85 of the Village Code Section 3 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 12th day of April , 1994 ATTEST GUIDO H INGUANZO, JR , VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY RI D J WEISS, VILLAGE ATTORNEY RESOLUTION NO 94-15 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE CLERK TO ENTER INTO AN AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF STATE, BUREAU OF ARCHIVES AND RECORDS MANAGEMENT, FOR THE STORAGE OF MICROFILM, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village Clerk maintains custody of Village documents, and WHEREAS, certain documents in the custody of the Village Clerk are microfilmed on an as needed basis in conformity with the standards established by Chapter 1B-26 0021 of the Florida Administrative Code, and WHEREAS, the proper and safe storage of said microfilm is an integral part of the Village's records management program, and WHEREAS, the State of Florida, Department of State, Bureau of Archives and Records Management maintains a program designed to assist governmental agencies in protecting their vital records by providing secure, off -site storage of microfilm at a minimal cost, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 The Village Clerk is hereby authorized to enter into an agreement, on behalf of the Village, with the State of Florida, Department of State, Bureau of Archives and Records Management for the storage of microfilm, in conformance with the fee schedule attached as Addendum A Section 2 This resolution shall be effective immediately upon adoption Page 1 of 2 PASSED AND ADOPTED this 12th day of April , 1994 ATTEST VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY V I L GE ATTORNEY Page 2 of 2 Addendum A FLORIDA BUREAU OF ARCHIVES AND RECORDS MANAGEMENT SECURITY MICROFILM S RAGJ PROM Fee Schedule and Services Effective July 1, 1993 ACCESSIONING Services mclude Prehmmary inspection Microfilm placed mto acid -free storage containers Associated transfer documentation mcluding container listing $ zessiomng fee Microfilm $ 20 per 16mm or 35mm roll Microfiche $ 20 per 35 fiche (35 fiche minimum) STORAGE AND RETRIEVAL Storage services include Temperature and humidity controlled environment Secure fire -proof vault storage Periodic film inspection Retrieval services include Free retrievals and refiles Free pickup and delivery within the Tallahassee area (shipping charges will be applied outside the Tallahassee area) Storage fee Microfilm $ 04 per 16mm or 35mm roll per month ($ 48 per year) Microfiche $ 04 per 35 fiche per month (35 fiche minimum) ($ 48 per year) Emergency Services After hour or holiday reference service $45 00 (1 hour minimum) Other additional services $11 00 per hour DUPLICATION Duphcation fees 16mm Microfilm 100 ft roll diazo 100 ft roll silver 200 ft roll diazo $600 1200 800 35mm Microfilm 100 ft roll diazo $ 700 100 ft roll silver 18 00 Fiche/Jackets Diazo $ 25 RESOLUTION NO 94-14 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, COMMENDING THE MEMBERS OF THE BUILDING, ZONING AND PLANNING DEPARTMENT ADVISORY COMMITTEE FOR THEIR COMMITMENT AND EXPRESSING APPRECIATION FOR THEIR DEDICATION, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Building, Zoning and Planning Department Advisory Committee was established by the Village Council on November 9, 1993, and WHEREAS, the committee was charged with the task of studying the department and providing input to the Building, Zoning and Planning Director, and WHEREAS, on March 8, 1994, the committee submitted to the Village Council written recommendations as a result of the committee's findings, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS ,Section 1 That the Village Council commends the members of the Building, Zoning and Planning Department Advisory Committee for their commitment and expresses appreciation for their dedication to the Village and its residents Section 2 A copy of this resolution shall be presented to each member of the committee as listed on Exhibit A Each copy shall state Presented to in appreciation for commitment and dedication to the Village of Key Biscayne as a member of the Building, Zoning and Planning Department Advisory Committee Section 3 This resolution shall be effective immediately upon adoption Page 1 of 2 PASSED AND ADOPTED this 12th day of April , 1994 ATTEST VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY VILLAGE ATTORNEY Page 2 of 2 EIIBIT A MEMBERS OF THE BUILDING, ZONING AND PLANNING DEPARTMENT ADVISORY COMMITTEE Raul Llorente Chairman Jorge Mantilla Vice Chairman Bonnie Clayton Carol Martinez Jose Ortega Henry Ovares Conchita Suarez Garver Wilson RESOLUTION NO 94-13 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, COMMENDING THE MEMBERS OF THE ZONING CODE REVIEW COMMITTEE FOR THEIR COMMITMENT AND EXPRESSING APPRECIATION FOR THEIR DEDICATION, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Zoning Code Review Committee was established by the Local Planning Agency on June 1, 1993, and WHEREAS, the committee was charged with the task of studying the zoning code for the single family residential area of the Village, and WHEREAS, on January 15, 1994, the committee submitted to the Local Planning Agency and Village Council written recommendations based on its findings, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS Bection 1 That the Village Council commends the members of the Zoning Code Review for their commitment and expresses appreciation for their dedication to the Village and its residents Section 2 A copy of this resolution shall be presented to each member of the committee as listed on Exhibit A Each copy shall state Presented to in appreciation for commitment and dedication to the Village of Key Biscayne as a member of the Zoning Code Review Committee Bection 3 This resolution shall be effective immediately upon adoption Page 1 of 2 PASSED AND ADOPTED this 12th day of April , 1994 ATTEST R JOHN F FESTA VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY VE4M/s-i44 E TTORNEY Page 2 of 2 EXHIBIT A MEMBERS OF THE ZONING CODE REVIEW COMMITTED November 1993 John F Festa Chairman Wilfredo Borroto Vice Chairman Julie Alvarez Eduardo Chamorro Deborah Deleon Patricia Romano Jorge Mantilla Deborah Neve June 1993 Michael Hill Chairman Wilfredo Borroto Vice Chairman Julie Alvarez Eduardo Chamorro Deborah Deleon Raul Llorente Jorge Mantilla Deborah Neve RESOLUTION NO 94-12 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA URGING THE STATE OF FLORIDA AND METROPOLITAN DADE COUNTY TO TAKE APPROPRIATE ACTION IN ORDER TO PERMIT THE VILLAGE OF KEY BISCAYNE TO OPERATE, MAINTAIN AND USE PORTIONS OF BILL BAGGS, CAPE FLORIDA STATE RECREATIONAL AREA FOR PLAYING FACILITIES AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village of Key Biscayne, Florida is in desperate need of playing fields for its children and teenagers, and WHEREAS, inadequate land is available within the Village r,ir use as playing fields, and WHEREAS, currently Village sports activities are conducted in part, on playing fields in Crandon Park, and WHEREAS, the proposed Crandon Park Master Plan contemplat=e converting playing fields into other park facilities, and WHEREAS, Bill Baggs, Cape Florida State Recreational Ma contains adequate space for playing fields, which area w4s devastated by Hurricane Andrew and has not been re -vegetated, atid WHEREAS, the Village of Key Biscayne is in a position 10 provide assistance to the State of Florida in maintaining, upgrading and supervising the use of a portion of Bill Baggs, Cape Flor3J1a Recreational Area, and WHEREAS, Bill Baggs, Cape Florida State Recreational Area 1 s immediately adjacent to the Village of Key Biscayne, providing easiY access to children and teenagers without the necessity of traversitlg heavily trafficked roads and/or using automobiles or oth'r transportation, NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1 That the State of Florida and Metropolitan Dade County are hereby urged to take all necessary action in order to permit the Village of Key Biscayne to use, operate and maintain a portion of Bill Baggs, Cape Florida State Recreational Area for use as playing fields Section 2 That the Village Clerk is hereby directed to provide copies of this Resolution to appropriate state and county officials Section 3 This Resolution shall become effective immediately upon its adoption PASSED AND ADOPTED this 22nd day of March , 1994 m#2 <7 YOR' JOHN F FESTA ATTEST GUIDO H INGUANZO, JR , VILLAGE CLERK APPROVED AS TO LEGAL SUFFICIENCY 4,41 RICHARD J WEISS, VILLAGE ATTORNEY RESOLUTION NO 94-11 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, COMMENDING WINN-DIXIE FOR THEIR COMMUNITY INVOLVEMENT AND PARTICIPATION, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, improved communication with the residents of the Village is a goal of the Village Council, and WHEREAS, it is the Village Council's desire to maximize public participation at meetings, and WHEREAS, Winn -Dixie has provided space to the Village for the placement of a bulletin board in a highly visible location, and WHEREAS, posted on this bulletin board will be public notices, announcements and event schedules which will heighten public knowledge of Village activities and, as a result, enhance community involvement and participation, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS Section 1 That the Village Council commends Winn -Dixie and Location Manager Robert Iglesias for their community involvement and participation by providing space for a highly visible bulletin board that will serve as an information center of Village activities for residents Section 2 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 8th day of March , 1994 ,MA OR JOHN F FESTA VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY • VILLAGE ATTORNEY RESOLUTION NO 94-10 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, URGING THE FEDERAL AVIATION ADMINISTRATION TO ADDRESS THE PROBLEM OF HIGH NOISE LEVELS FROM AIRCRAFT FLYING OVER THE VILLAGE, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Key Biscayne residents have experienced excessively high noise levels from aircraft flying over the Village, and WHEREAS, the Village Council adopted Resolution 93-15 urging the Federal Aviation Administration (F A A ) to adopt a Key Biscayne avoidance policy, and WHEREAS, the Village Council adopted Resolution 93-24 urging the Dade County Board of County Commissioners to address the problem of high noise levels from aircraft flying over Key Biscayne, and WHEREAS, the high noise levels from aircraft flying over the Village has persisted and increased, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS Section 1 That the Village Council urges the F A A to address the matter of excessively high noise levels caused by aircraft flying over the Village of Key Biscayne and modify current flight patterns in such a manner as to resolve the matter Section 2 The Village Clerk is hereby directed to send a copy of this resolution to the F A A Section 3 This resolution shall take effect immediately upon adoption Page 1 of 2 PASSED AND ADOPTED this 8th day of March , 1994 J -__e____.,) _ ./--e- MAY JOHN F FESTA ATTEST VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY VILLAGE ATTORNEY Page 2 o f 2 RESOLUTION NO 94-9 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE WITH WILLIAMS, HATFIELD & STONER, INC MIAMI, FLORIDA, FOR PROFESSIONAL SERVICES RELATING TO THE HOLIDAY COLONY STORMWATER DRAINAGE IMPROVEMENT PROJECT, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village Council supports stormwater improvements for the Holiday Colony area, and WHEREAS, the Village of Key Biscayne has been awarded a $750,000 00 grant, from the United States Department of Commerce, Economic Development Administration, for the implementation of a stormwater drainage project to service the Holiday Colony Subdivision, and WHEREAS, Williams, Hatfield & Stoner, Inc , Miami, Florida, has submitted the attached agreement to perform certain professional services in conjunction with the preparation of the project, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS Section 1 That The Village Manager is hereby authorized to execute the attached agreement on behalf of the Village with Williams, Hatfield & Stoner, Inc , Miami, Florida, for professional services relating to the Holiday Colony stormwater drainage improvement project Section 2 This resolution shall take effect immediately upon adoption Page 1 of 2 PASSED AND ADOPTED this 8th day of March , 1994 7.76R JOHN F FESTA VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY VILLAGE ATTORNEY Page 2 of 2 VILLAGE OF KEY BISCAYNE FOR PROFESSIONAL SERVICES STORMWATER PLANS AND SPECIFICATIONS FOR HOLIDAY COLONY AREA AND OTHER AREAS THIS AGREEMENT, made and entered into this day of , 1994, by and between the VILLAGE OF KEY BISCAYNE (the "VILLAGE") and WILLIAMS, HATFIELD & STONER, INC , a Florida corporation, (the "CONSULTANT") RECITALS The VILLAGE wants to engage the CONSULTANT to perform certain professional services in conjunction with the preparation of Stormwater Plans and Specifications for Holiday Colony Area and Other Areas (the Project) The CONSULTANT wants to provide such 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 services in conjunction with the Project more specifically described in Exhibit "A" attached and made a part of upon the written authorization of the Village Manager to do so 2 Fees for Services The CONSULTANT agrees to charge the VILLAGE, and the VILLAGE agrees to pay the CONSULTANT for services as shown in Exhibit "A" Fee shall be due and payable monthly The amount due shall be that part of the assignment performed by the CONSULTANT during the proceeding months 3 Term The term of this Agreement shall be two years unless earlier terminated pursuant to paragraph 8 or extended by wntten amendment to this Agreement 4111.AG R /030494 4 General Terms and Conditions All original sketches, tracings, drawings, computations, details, design calculations, work papers and other documents and plans that result from the CONSULTANT providing services shall herein 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 Insurance The CONSULTANT shall at all times carry the following insurance at the stated minimum amounts Professional Liability Workers Compensation Public Liability and Property Damage Automotive Liability and Property Damage $ 1,000,000 00 500,000 00 1,000,000 00 1,000,000 00 The VILLAGE shall be named as an additional insured on all of the above insurance policies Each insurance policy shall state that it is not cancelable without wntten notice to the VILLAGE 30 days prior to the effective date of said cancellation 6 Assignment 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 4111.AGR/030494 8 Termination This Agreement may be terminated by the VILLAGE upon ten days written notice with or without cause and by the CONSULTANT upon 45 days written notice with or without cause If this Agreement is terminated, the CONSULTANT shall be paid for all acceptable work performed up to the date of termination 9 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 10 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 11 Additional Services Additional Services shall be authorized by the VILLAGE in writing in advance and paid for on a time charge basis at the hourly rates set in Exhibit "B" attached and made a part of this Agreement 12 Warranties of CONSULTANT The CONSULTANT hereby warrants and represents that 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 All work to be performed by CONSULTANT under this Agreement shall be diligently performed in a professional, businesslike manner 13 Attorneys Fees In connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys fees and costs 4111.AG R/030494 14 Notices All notices and communications to the VILLAGE 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 address as follows VILLAGE With a copy to CONSULTANT 15 Governing Law C Samuel Kissinger Village Manager Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 Ph (305) 365-5511 Fax (305) 365-5556 Richard Jay Weiss, Esquire Village Attorney Weiss Serota & Helfman, P A 2665 South Bayshore Drive, Suite 204 Miami, Florida 33133 Ph (305) 854-0800 Anthony A Nolan President Williams, Hatfield & Stoner, Inc 3191 Coral Way, Suite 804 Miami, Florida 33145 Ph (305) 448-4429 Fax (305) 448-8681 This Agreement shall be construed in accordance with the laws of the State of Florida. 16 Indemnification The CONSULTANT shall, at all times hereafter, indemnify and hold harmless the VILLAGE, its agents, servant and employees from and against any claim demand or cause of action of any kind or nature (including reasonable attorney fees) arising out of negligent act, error or omission of CONSULTANT, its agents, servants, or employees in the performance of services under this Agreement 4111.AGR/030494 The VILLAGE shall indemnify and save harmless and defend the CONSULTANT, its agents, servants and employees from and against any claim, demand or cause of action of whatsoever kind or nature arising out of negligent act, error or omission of the VILLAGE, its agents, servants, or employees in the performance of services under this Agreement, only to the extent permitted by law 17 Relationship of Parties Nothing contained in this Agreement shall be deemed or construed to create the relationship of principal and agent or of partnership or of joint venture or of any association whatsoever between CONSULTANT and VILLAGE, it being expressly understood and agreed that the relationship created by this Agreement is that of an independent contractor 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 VILLAGE Williams, Hatfield & Stoner, Inc 3191 Coral Way, Suite 804 Miami, Florida 33145 Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 By By Anthony A Nolan C Samuel Kissinger President Village Manager Attest Attest 4111 AG R/030494 EXHIBIT "A" Scope of Services Village of Key Biscayne Stormwater Plans and Specifications for Holiday Colony Area and Other Areas The purpose of this Project is for Williams, Hatfield & Stoner, Inc (CONSULTANT) to provide contract documents with bidding and construction phase services to the Village of Key Biscayne (VILLAGE) for the construction of the Holiday Colony Area and Other Areas Stormwater Improvements Scope of Services Task 1 Background Data After written authorization to proceed, the CONSULTANT shall 1 1 Obtain survey information from VILLAGE Engineers 12 Provide a base map on Autocad 12 for the drainage plans based on this survey information 13 Obtain record drawings for existing sewer, existing water lines and existing outfall as- builts from VILLAGE as supplied in Task 7 and represent these underground utilities and outfalls on the drainage plans The best available information will be shown on the plans Field venfication of existing utilities, if required, will be the responsibility of the VILLAGE 14 Advise the VILLAGE as to the necessity of VILLAGE's providing or obtaining from others or services of the types described in Task 7, and assist the VILLAGE in obtaining such data and services Deliverables #1 • Two bluelme copies of base maps with topographic information, known utilities, and cross section elevations plotted Exhibit A - 1 Task 2 - Drainage Plans and Specifications for Holiday Colony Area After the base maps have been prepared, the CONSULTANT shall 2 1 Prepare the Contract Documents and Final Drawings showing the scope, extent and character of the stormwater work to be performed and furnished by Contractor Specifications will be prepared, where appropriate, in general conformance with the sixteen division format of the Construction Specifications Institute Contract Documents will include a notice for Contractor to fill out and send to the homeowners during construction on their individual street CONSULTANT will prepare the following Drainage Layout/Key Sheet/General Notes Drainage Plan Sheets at 1" = 40' Scale Drainage Profile Sheets at 1" = 40' Scale Drainage Construction Details Drainage Well Details Maintenance of Traffic Details Pavement Restoration Details 2 2 Prepare, on a "one-time only" basis, necessary permit applications to the appropriate governmental agencies Percolation tests will be required for the drainage design and will be provided by others Provide technical criteria, written descriptions and design data for VILLAGE's use in filing applications for DERM drainage and outfall permits for the final design of the Project, and assist VILLAGE, as necessary, in consultations with regulatory agencies having jurisdiction over this Project 2 3 Prepare an opinion of probable Construction Cost and advise VILLAGE of any adjustments to Total Project Costs known to CONSULTANT as a result of changes in scope, extent or character, or design requirements of the Project 2 4 If requested, prepare for review and approval by VILLAGE, its legal counsel and other advisors, contract agreement forms, general conditions and supplementary conditions, bid forms, invitations to bid and instructions to bidders and assist in the preparation of other related documents 2 5 Prepare one copy of a brochure/notice to homeowners describing the Project, the construction process and estimated time frames VILLAGE will make copies and distribute to homeowners 2 6 Meet with homeowners three times The first would be prior to construction, toward the end of the design phase A second time would be during construction and a third time would be after construction Exhibit A 2 2 7 Prepare Grant Compliance information during project design and bidding phase 2 8 Review NPDES Permitting for VILLAGE projects provided under Task 7 2 9 CONSULTANT's services under this Phase will be considered complete at the earlier of (1) the date when the submittals have been accepted by VILLAGE or (2) thirty days after the date when such submittals are delivered to VILLAGE for final acceptance Deliverables #2 • Furnish three (3) sets of the above Construction Plans and specifications to and review with VILLAGE Task 3 - Bidding and Negotiating Phase After acceptance by VILLAGE of the CONSULTANT's Drawings, Specifications and other Final Design Phase documentation (including the most recent opinion of probable Construction Cost), and upon written authorization to proceed, CONSULTANT shall 3 1 Assist VILLAGE in obtaining bids for the contract for construction services The VILLAGE shall prepare and send the advertisement for Bidding The CONSULTANT shall pnnt the Plans & Specifications, receive and process deposits for Bidding Documents 3 2 Issue Addenda as appropriate to clanfy, correct or change the Bidding Documents 3 3 Consult with VILLAGE as to the acceptability of subcontractors, suppliers and other persons and entities proposed by Contractor for those portions of the work as to which such acceptability is required by the Bidding Documents 3 4 Attend the bid opening and assist VILLAGE m evaluating bids or proposals The VILLAGE shall prepare the bid tabulation sheets 3 5 The Bidding or Negotiating Phase will terminate and the services to be performed or furnished thereunder will be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective Contractors Exhibit A - 3 Task 4 - Drawings and Specifications for Other Areas When requested, the CONSULTANT shall 4 1 Prepare Drainage Plans and Specifications for other drainage areas as designated by the VILLAGE This task will include the same items as in Task 2 above 4 2 Additional services to this Task 4 would be the subject of an addendum to this Agreement Task 5 - Construction Phase During the Construction Phase 5 1 General Administration of Construction Contract CONSULTANT shall consult with and advise VILLAGE and act as VILLAGE's representatives as provided in the Standard General Conditions The extent and limitations of the duties, responsibilities and authority of CONSULTANT as assigned in said Standard General Conditions of the Construction Contract of the Standard Engineers Joint Contract Document Committee (EJCDC) shall not be modified except as CONSULTANT may otherwise agree in wnting All of VILLAGE's instructions to Contractor will be issued through CONSULTANT who shall have authority to act on behalf of VILLAGE in dealings with Contractor to the extent provided in this Agreement and said Standard General Conditions except as otherwise provided in writing 5 2 Visits to Site and Observation of Construction In connection with observations of the work of Contractor while it is in progress 5 21 CONSULTANT shall make visits to the site at intervals appropriate to the various stages of construction as CONSULTANT deems necessary in order to observe as an experienced and qualified design professional the progress and quality of the various aspects of Contractor's work In addition, CONSULTANT shall provide the services of a Resident Project Representative at the site to assist CONSULTANT and to provide more continuous observations of such work The furnishing of such Resident Project Representative services will not extend CONSULTANT's responsibilities or authonty beyond the specific limits set forth elsewhere in this Task Such visits and observations by CONSULTANT and the Resident Project Representative are not intended to be exhaustive or to extend to every aspect of the work in progress, or to involve detailed inspections of the work beyond the responsibilities specifically assigned to CONSULTANT in this Agreement and the Contract Documents, but rather are to be limited to spot checking, selective sampling and similar methods of general observation of the work based on CONSULTANT's exercise of professional judgement as assisted by the Resident Project Representative Based on information obtained Exhibit A - 4 during such visits and such observations, CONSULTANT shall endeavor to determine in general if such work is proceeding in accordance with the Contract Documents and CONSULTANT shall keep VILLAGE informed of the progress of the work The responsibilities of CONSULTANT contained in this paragraph are expressly subject to the limitations set forth in paragraph 422 and other express or general limitations in this Agreement and elsewhere 522 The purpose of CONSULTANTs visits to and representation by the Resident Project Representative at the site will be to enable CONSULTANT to better carry out the duties and responsibilities assigned to and undertaken by CONSULTANT during the Construction Phase, and, m addition, by the exercise of CONSULTANT's efforts as an experienced and qualified design professional, to provide for VILLAGE a greater degree of confidence that the completed work of Contractor will conform in general to the Contract Documents and that the integrity of the design concept of the completed Project as a functioning whole as indicated m the Contract Documents has been implemented and preserved by Contractor On the other hand, CONSULTANT shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct or have control over Contractor's work nor shall CONSULTANT have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor, for safety precautions and programs incident to the work of Contractor or for any failure of Contractor to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor's furnishing and performing the work Accordingly, CONSULTANT neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents 53 Defective Work During such visits and on the basis of such observations, CONSULTANT shall have authority to disapprove of or reject Contractor's work while it is in progress if CONSULTANT believes that such work will not produce a completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated m the Contract Documents 54 Clarifications and Interpretations, Field Orders CONSULTANT shall issue necessary clarifications and interpretations of the Contract Documents as appropnate to the orderly completion of the work Such clanfications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents CONSULTANT may issue Field Orders authorizing minor variations from the requirements of the Contract Documents Exhibit A - 5 5 5 Change Orders and Work Change Directives CONSULTANT shall recommend Change Orders and Work Change Directives to VILLAGE as appropriate, and shall prepare Change Orders and Work Change Directives as required 5 6 Shop Drawings CONSULTANT shall review and approve (or take other appropriate action in respect of) Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated in the Contract Documents Such reviews and approvals or other actions will not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto 5 7 Substitutes CONSULTANT shall evaluate and determine the acceptability of substitute or "or -equal" materials and equipment proposed by Contractor 5 8 Inspections and Tests CONSULTANT may require special inspections or tests of the work, and shall receive and review all certificates of inspections, tests and approvals required by laws, rules, regulations, ordinances, codes, orders or the Contract Documents CONSULTANTs review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests or approvals comply with the requirements of the Contract Documents CONSULTANT shall be entitled to rely on the results of such tests 5 9 Disagreements between VILLAGE and Contractor CONSULTANT shall render the initial decisions on all claims of VILLAGE and Contractor relating to the acceptability of the work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the work In rendering such decisions, CONSULTANT shall be fair and not show partiality to VILLAGE or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity 5 10 Applications for Payment Based on CONSULTANTs on -site observations as an experienced and qualified design professional and on review of Applications for Payment and the accompanying data and schedules 5 10 1 CONSULTANT shall determine the amounts that CONSULTANT recommends Contractor be paid Such recommendations of payment will be m writing and will constitute CONSULTANTs representation to VILLAGE, based on such observations and review, that, to the best of CONSULTANT's knowledge, information and belief, the work has progressed to the point indicated, the quality of such work is generally in accordance with the Contract Documents (subject to an evaluation of such work as a functioning whole prior to or upon Substantial Completion, to the results of any Exhibit A - 6 subsequent tests called for in the Contract Documents and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is CONSULTANT's responsibility to observe the work In the case of unit price work, CONSULTANT's recommendations of payment will include final determinations of quantities and classifications of such work (subject to any subsequent adjustments allowed by the Contract Documents) The responsibilities of CONSULTANT contained in this paragraph are expressly subject to the limitations set forth in the following paragraph 5 10 2 and other express or general limitations in this Agreement and elsewhere 5 10 2 By recommending any payment CONSULTANT shall not thereby be deemed to have represented that on -site observations made by CONSULTANT to check the quality or quantity of Contractor's work as it is performed and furnished have been exhaustive, extended to every aspect of the work in progress, or involved detailed inspections of the work beyond the responsibilities specifically assigned to CONSULTANT in this Agreement and the Contract Documents Neither CONSULTANT's review of Contractor's work for the purposes of recommending payments nor CONSULTANT's recommendation of any payment (including final payment) will impose on CONSULTANT responsibility to supervise, direct or control such work or for the means, methods, techniques, sequences or procedures of construction or safety precautions or programs incident thereto, or Contractor's compliance with laws, rules, regulations, ordinances, codes or orders applicable to Contractor's furnishing and performing the work It will also not impose responsibility on CONSULTANT to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any of the work, materials or equipment has passed to VILLAGE free and clear of any hens, claims, security interests or encumbrances or that there may not be other matters at issue between VILLAGE and Contractor that might affect the amount that should be paid 5 11 Contractor's Completion Documents CONSULTANT shall receive, review and transmit to owner with written comments maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by the Contract Documents, certificates of inspection, tests and approvals, and marked - up record documents (including Shop Drawings, Samples and other data approved as provided under paragraph 5 6 and marked -up record Drawings) which are to be assembled and prepared by Contractor in accordance with the Contract Documents to obtain final payment CONSULTANT's review of such documents will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents CONSULTANT shall provide mylars to the Contractor for Contractor's preparation of record drawings Exhibit A - 7 5 12 Substantial Completion Following notice from Contractor that Contractor considers the entire work ready for its intended use, CONSULTANT and VILLAGE, accompanied by Contractor, shall conduct an inspection to determine if the work is substantially complete If after considering any objections of VILLAGE, CONSULTANT considers the work substantially complete, CONSULTANT shall deliver a certificate of Substantial Completion to VILLAGE and Contractor 5 13 Final Notice of Acceptability of the Work CONSULTANT shall conduct a final inspection to determine if the completed work of Contractor is acceptable so that CONSULTANT may recommend, m wnting, final payment to Contract Accompanying the recommendation for final payment, CONSULTANT shall also provide a notice m the form that the work is acceptable (subject to the provisions of paragraph 5 10 2) to the best of CONSULTANT's knowledge, information and belief and based on the extent of the services performed and furnished by CONSULTANT under this Agreement 5 14 Limitation of Responsibilities CONSULTANT shall not be responsible for the acts or omissions of any Contractor, or for any subcontractor, any suppher, or of any other person or organization performing or furnishing any of the work CONSULTANT shall not be responsible for Contractor's failure to perform or furnish the work m accordance with the Contract Documents 5 15 Duration of Construction Phase The Construction Phase will commence with the execution of the construction contract for the Project or any part thereof and will terminate upon wntten recommendation by CONSULTANT of final payment If the Project involves more than one pnme contract, Construction Phase services may be rendered at different times m respect of separate pnme contracts 5 16 Weekly Reports CONSULTANT will provide weekly reports or construction updates to one local newspaper during the construction phase VILLAGE will provide newspaper contact person and facsimile number for transmitting information 5 17 Monthly Council Meetings CONSULTANT will attend monthly Council meetings and present a progress report of project construction to the Council 5 18 Grant Requirements CONSULTANT will provide grant information as requested by the VILLAGE or Federal Government and provide documentation for grant completion Exhibit A - 8 Task 6 - Additional Services If authorized m advance by VILLAGE, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in paragraphs 6 1 through 6 14, inclusive These services are not included as part of Basic Services and will be cause for additional compensation to the CONSULTANT Additional fees are to be negotiated and paid for on a time charge basis at the rate set in Exhibit "B " 6 1 Preparation of applications and supporting documents (in addition to those furmshed under Basic Services) for pnvate or governmental grants, loans or advances in connection with the Project, preparation or review of environmental assessments and impact statements, review and evaluation of the effect on the design requirements of the Project of any such statements and documents prepared by others, and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project 6 2 Services to make measured drawings of or to investigate existing conditions or facilities, or to venfy the accuracy of drawings or other information furmshed by VILLAGE 6 3 Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, VILLAGE's schedule, character of construction or method of financing, and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control 6 4 Providing renderings or models for VILLAGE's use 6 5 Preparing documents for alternate bids requested by VILLAGE for Contractor(s)' work which is not executed or documents for out -of -sequence work 6 6 Investigations and studies involving, but not limited to, detailed consideration of operations, maintenance and overhead expenses, providing value engineenng during the course of design, the preparation of feasibility studies, cash flow and economic evaluations rate schedules and appraisals, assistance in obtaining financing for the Project, evaluating processes available for licensing and assisting VILLAGE in obtaining process licensing, detailed quantity surveys of material, equipment and labor, and audits or inventones required in connection with construction performed by VILLAGE 6 7 Furnishing services of independent professional associates and consultants for other than Basic Services (which include, but are not limited to, customary civil, structural, mechanical and electrical engineering and customary architectural design incidental thereto) Exhibit A 9 68 CONSULTANT has been required to prepare Contract Documents on the assumption that one prime contract with three phases will be awarded for construction, matenals and equipment If more than one prime contract is awarded for construction, materials and equipment for the Project, services attributable to the preparation of additional contract documentation that was rendered unusable and any revisions or additions to contract documentation used that was necessitated by the award of additional contracts 6 9 Services during out-of-town travel required of CONSULTANT other than visits to the site or VILLAGE's office 6 10 Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services 6 11 Providing any type of property survey or related engineering services needed for the transfer of interests in real property and field surveys for design purposes and engineenng surveys and staking to enable Contractor(s) to proceed with their work, and providing other special field surveys 6 12 Preparation of operating, maintaining and staffing manuals 6 13 Preparing to serve or serving as a consultant or witness for VILLAGE in any litigation, arbitration or other legal or administrative proceeding involving the Project (except for assistance in consultants which is included as part of Basic Services under paragraph 2 4) 6 14 Additional services m connection with the Project, including services which are to be funushed by VILLAGE, and services not otherwise provided for in this Agreement Task 7 - VILLAGE'S Responsibilities VILLAGE shall do the following in a timely manner as not to delay the services of the CONSULTANT 7 1 Provide the topographic survey and cross section elevations for this project 7 2 Provide as -built records of existing water and sewer utilities, including previous reports and other data relative to the design or construction of the Project and provide personnel to assist Miami Dade Water Sewer Authority Department (WASA) research and compile as -built records 7 3 Provide copies of existing permitted outfall structures on record with DERM Provide personnel to assist DERM's Water Control Division research, compile and photocopy the existing as -built records Exhibit A - 10 7 4 Furnish the CONSULTANT, as required, data prepared by or services of others, including limitations borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspections of samples, materials and equipment 7 5 Bear all costs incident to compliance with the permitting fees for this Project Schedule of Work The various tasks shall be completed m accordance with the following table CONSULTANT shall make every effort to complete the work outlined in the Scope of Services within these timeframes Task 1 shall begin after receipt of VILLAGE -supplied "as -built" information detailed in Task 7 Tasks Description Calendar Days Cumulative Days 1 Background Data/ Base Map 30 45 2 Drainage Plans and Specifications Holiday Colony 45 75 3 Bidding / Negotiations 45 120 4 Drainage Plans and Specifications Other Areas * * * * 5 Construction / Engineering (Budget Only) 150 270 Exhibit A - 11 WHS INC MIAMI 13054488681 P 02 Compensation Services to be performed dunng this assignment shall be invoiced in accordance with paragraph 2 of the Agreement for Professional Services The following amounts shall be billed based upon the percentage of each task completed through the date of the invoice Task 5 Construction Phase Services is a budget figure and is a not -to -exceed figure without wntten authorization. Task 1 $ 3,000 Task 2 23,000 Task 3 2,000 Total Lump Sum Fee $ 28,000 Task 4 - Time Charges - Budget Only - See Exhibit B "' Task 5 - Time Charges - Upset Lumt - See Exhibit B 35,000 Total Fee WHS Budget S 63,000 Task 4 - Schedule and Compensation shall be developed when the scope areas. are. defined Task 4 timeframe is independent of the Holiday Colony areas Exhibit A A. 12 Exhibit B WILLIAMS, HATFIELD & STONER, INC Consulting Engineers • Planners • Surveyors SCHEDULE OF HOURLY RATES AND OTHER CHARGES RATES EFFECTIVE DECEMBER 27, 1993 HOURLY RATES FOR PERSONNEL 1 Professionals Engineers (E), Land Surveyors (L), Planners (P), CPA (C) a Grade 1 b Grade 2 c Grade 3 d Grade 4 e Grade 5 f Grade 6 g Grade 7 h Grade 8 i Grade 9 2 Engineering Technicians a Grade 1 b Grade 2 c Grade 3 d Grade 4 e Grade 5 3 Drafters a Grade 1 b Grade 2 c Grade 3 d Grade 4 4 Resident Project Representatives a Grade 1 b Grade 2 c Grade 3 d Grade 4 e Grade 5 5 Field Survey Parties a 2ManParty b 3 Man Party c 4 -Man Party 6 Word Processing a Operator - Grade 1 b Operator - Grade 2 This schedule is reviewed annually = 50 00/Hr = 55 00/Hr = 60 00/Hr = 70 00/Hr = 80 00/Hr = 90 00/Hr = 100 00/Hr = 120 00/Hr = 140 00/Hr = 40 00/Hr = 45 00/Hr = 50 00/Hr = 60 00/Hr = 70 00/Hr = 30 00/Hr = 40 00/Hr = 50 00/Hr = 55 00/Hr = 40 00/Hr = 45 00/Hr = 55 00/Hr = 65 00/Hr = 75 00/Hr = 80 00/Hr = 95 00/Hr = 110 00/Hr = 30 00/Hr = 40 00/Hr Exhibit B - 1 Exhibit B SCHEDULE OF HOURLY RATES AND OTHER CHARGES EFFECTIVE DECEMBER 28, 1992 OTHER CHARGES 1 Expert Witness Services a "On Call Time at Courtroom and Testimony 2 Transportation and Travel a Transportation Fares, Lodging and Subsistence b Automobile Mileage 3 Reproductions a Bluehne (In House) b Sepia Prints c Mylar Reproducibles d Vacuum Printing e Xerox (Standard) Copies f Xerox (2080 Copier) Prmts - Bond or Vellum g Reproducibles (Outside Service) 4 Recording and Permits Fees 5 Services of Outside Consultants (Electrical/Mechanical Engineering, Environmental Consultants Engineering Testing Laboratories, Photogrammetry, Title and Abstracting Services and Other Outside Consulting Services) 6 Special Field Supplies 7 Electronic Survey Equipment a Modular Survey System (Total Station) 8 Computer Aided Design/Drafting (CADD) a Computer Design Systems b Computer Drafting Systems c Geographic Information System (GIS) 9 Delivery and Courier Services 10 Telecommunication Services 11 Document Processing Services * Based on 2 foot width times length of stock used = $200 00/Hr (Min Chg 4 Hrs /Day) Cost Plus 10% $ 30 Per Mile $ 0 20/Sq Ft $ 0 50/Sq Ft $ 200/Sq Ft $ 2 00/Sq Ft $ 0 10/Sheet/Side $ 150/Sq Ft * Cost Plus 10% Cost Plus 10% Cost Plus 10% = At Cost = $10 00/Hr $10 00/Hr $20 00/Hr $25 00/Hr ** ** ** Cost Plus 10% $1 50/Direct Hour $2 00/Direct Hour Per hour of actual computer use Charge includes m house software library necessary for system operation but does not include operator Exhibit B 2 RESOLUTION NO 94-8 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO DIRECT THE UNIVERSITY OF MIAMI SCHOOL OF ARCHITECTURE, CENTER FOR URBAN AND COMMUNITY DESIGN, TO UNDERTAKE A SIX WEEK STUDY RELATED TO RIGHT-OF-WAY IMPROVEMENTS, ALL FINDINGS AND CONCEPTS SHALL BE PRESENTED TO THE VILLAGE COUNCIL, AND PROVIDING FOR AN EFFECTIVE DATE BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS SECTION 1 That the Village Manager is hereby authorized to direct the University of Miami, School of Architecture, Center for Urban and Community Design, to undertake a six week study that will examine conditions and propose preliminary concept alternatives for street-scape and related right-of-way improvements necessary to accommodate both pedestrians and bicyclists for Harbor Drive, Fernwood Road, West Wood Drive, and West Mashta Drive as described in the attached revised proposal dated February 8, 1994 SECTION 2 That the University of Miami School of Architecture, Center for Urban and Community Design, is further directed to present all findings and concepts to the Village Council SECTION 3 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 8th day of March , 1994 J- \de4- YR JOHN F FESTA ATTE..S.??s ik VILLAGE K APPROVED AS TO FORM AND LEGAL SUFFICIENCY 4h VII AGE ATTORNEY RESOLUTION NO 94-7 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A CONTRACT WITH METROPOLITAN DADE COUNTY FOR LANDSCAPE MAINTENANCE OF THE COUNTY LIBRARY FACILITY ON CRANDON BOULEVARD, PROVIDING FOR AN EFFECTIVE DATE BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS Section 1 That the Village Manager is hereby authorized to execute the attached contract, substantially in the form attached, with Metropolitan Dade County for landscape maintenance of the county library facility on Crandon Boulevard Section 2 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 8th day of March , 1994 R JOHN F FESTA ATTEST VILLAGECLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY VIL G�RNEY RESOLUTION NO 94-6 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, COMMENDING THE ISLAND GARDEN CLUB FOR THEIR EFFORTS IN BEAUTIFYING THE VILLAGE, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on August 24, 1992, Hurricane Andrew caused extensive damage to the vegetation within the Village of Key Biscayne, and WHEREAS, as a result of the damage caused by the hurricane, the Island Garden Club of Key Biscayne planted twenty-eight Golden Poinciana trees within the Village, and WHEREAS, the Island Garden Club has substantially contributed to the beautification efforts of the Village, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS Section 1 That the Village Council commends the Island Garden Club and its members for their contribution to the beautification of the Village of Key Biscayne Section 2 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 8th day of February , 1994 R JOHN F FESTA ATTEST VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY VIRAGE ATTORNEY RESOLUTION NO 94-5 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE WITH THE KEY BISCAYNE ATHLETIC CLUB, PROVIDING FOR AN EFFECTIVE DATE BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS SECTION 1 The Mayor is hereby authorized to execute the attached agreement on behalf of the Village with the Key Biscayne Athletic Club for recreational services at a cost not to exceed $38,500 SECTION 2 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this 8th DAY OF February , 1994 ATTEST . zol7.,______ VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY 447 VILI GE ATTORNEY VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, mace and entered into tnis day of, ,19 by and between the VILLAGE OF KEY BISCAYNE (the "VILLAGE") and Key Biscayne Athletic Club,a Florida corporation (the "CONSULTANT") RECITALS The VILLAGE gants to engage the CONSULTANT to perform certain professional services as specifically described in Exhibit A to this Agreement ("Specified Services") The CONSULTANT wants to prov.�de such Specified Services In consideration of the mutual covenants set forth in this Agreement, the parties agree as follows 1 SCOPE OF SERVICES The CONSULTANT agrees to provide Specified Services upon written request from the Village Manager 2 FEES FOR SERVICES The CONSULTANT agrees to charge the VILLAGE for Specified Services provided in accorCance with the fee schedule attached as Exhibit B 3 TERM The terTn of this Agreement is 1 year(s) unless earlier teLmirated pursuant to paragraph 8 4 GENERAL TERMS AND CONDITIONS All original sketcies, tracings, drawings, computations, details, design calculat_ons, work papers and other documents and plans that result from tre CONSULTANT providing Specified Services shall be the property of the VILLAGE Upon termination of tris agreement or upon request of the VILLAGE during the term of this Agreement, any and all ssch documents shall be delivered to the VILLAGE by the CONSULTANT INSURANCE The CONSULTANT shall at all times carry professional liability insurance, worker's compensation insurance, public liability and property damage insurance, and automotive public liability and property damage insurance with minimum policy limits in the amount of ($ ) per occurrence The Village shall be namea as an additional insured on all of the above insurance policies Each insurance policy shall state that it is not cancellable nritHout written notice to the VILLAGE 30 days prior to the effective date of said cancellation 6 ASSIGNMENT This Agreement shall not be assignable by the CONSULTANT 7 PROHIBITION AGAINST CONTINGENT FEES The CONSULTANT warra^ts that it has not employed or retained any company or person, other that 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 Aorking 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 oe terminated by the VILLAGE upon ten days' written notice with or glthout cause and by the CONSULTANT upon 45 days' written notice ,aitn 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 performed up to the date of termination 9 NONEXCLUSIVE AGREEMENT The services to be provided by the CONSULTANT pursuant to this Agreement shall be nonexclusive and nothing herein shall preclude the JILLAGE from engag_Jig other firms to perform the same or similar services for the benefit of the VILLAGE within the VILL?GE'S sole and absolute discretion 10 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 11 WARRANTIES OF CONSULTANT The CONSULTANT hereny warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and peiinits required under Federal, State and loca± laws necessary to perform the Specified Services 12 ATTORNEYS FEES In connnection Frith any litigation arising out of this Agreement, the VILLAGE shall ne entitlea to recover reasonable attorneys fees and costs 13 NOTICES All notices and communications to the VILLAGE shall be in writing and shall be deemed to have been properly given if transmittea by registered or certified mail or hand aelivery All notices and communications snall 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, FL 33149 with a copy to Consultant Richard Jay Weiss, Esq Village Attorney Weiss Serota & Helfman 2665 South Bayshore Drive Suite 204 Miami, FL 33133 Bonnie Cooper, Treasurer Kev Biscayne athletic Club P 0 Box 490335 Kev Biscayne, F1 33149 (305) 361-7312 14 GOVERNING LAW This agreement snall be construed it accordance with the laws of the State of Florida EXHIBIT A Pursuant to the lgreement for Professional Services entered into between the Village of Key Biscayne Athletic Club, Incorporated, the Key Biscayne Athletic Club agrees co provide the follo'ing recreational services for the Village of Key Biscayne 1 The Key Biscayne Athletic Club agrees to run a flag football program for the Village of Key Biscayne girls and boys during the months of September and October of 1993 Approximately 115 participants are expected in this program 2 The Key Biscayne Athletic Club agrees to run a soccer program for the Village of Key Biscayne girls and boys from Octooer 1993 until march 1994 Said program shall be at the antra-gural level for children ages 6 to 8 years of age and a travelling program for children ages 8 to 15 Approximately 250 participants are expected in this program 3 The Key Biscayne Athletic Club agrees to run baseball and softball programs for the Village of Key Biscayne girls and boys from March 1994 until June 1994 Said program 1.s to be run under the organizational umbrella of Little League Baseball, Incorporated of whic^ the Key Biscayne Athletic Club has a charter The program shall include a T -Ball league for children ages 6 to 8 and a major, minor and senior leagues for children ages 9 to 15 A girls softball program for ages 8 to 12 will also oe included ypproximately three hundred part_Lcipants are expected �n this program The Key Biscayne Athletic Club agrees to ran a basketball program for treVillage of Key Biscayne girls and boys during the months of June and July 5 The Key Biscayne Athletic Club agrees to provide coacres, referees, linesman, and any other personnel necessary to organize and run the abovementioned programs 6 Key Biscayne Athletic club agrees to purchase and maintain necessary equipment, balls, bats, helmets, goals, bleachers, benches, and ctner equipment necessary to run the abovementioned programs 7 The Key Biscayne Athletic Club agrees to purchase and supply all necessary unifoLms and related equipment for participants in the abovementioned programs 8 The Key Biscayne Athletic Club agrees to conduct and operate the abovementionea athletic programs for the benefit of the children of Key Biscayne The program shall be scheduled and administered by Key Biscayne Athletic Club personnel The Key Biscayne Athletic Club will collect and retain all fees pertaining to participation in its programs These fees will be established at the discretion of the Key Biscayne Athletic Club in accordance with the Key Biscayne Athletic Club purpose as a non-profit corporation pursuant to Florida law 9 The nature and purpose of the Key Biscayne Athletic Club is set forth in its articles of Incorporation, which states in part "The general nature of the objects and purposes of this corporation shall be to promote and encourage all kinds of fiela and athletic sports, to promote and encourage the sport, pleasure, exercise and recreation of any and all persons, whether or not they are members of this organization, to pro -note sociability and friendship among the people and the members " EXHIBIT B 2 FEES FOR SERVICES a Thirty-eight thousana five hundred dollars and no cents ( 38,500 00 ) IN WITNESS WHEREOF, the parties hereto have accepted, made and executed tn_s Agreement upon the terms and conditions above stated on tree day ana year first above written CONSULTANT VILLAGE Bonnie Cooper Key Biscayne Athletic Ciao P 0 Box 490335 Key Biscayne, FL 33149 By Bonnie Cooper Attest o �c profess o VILLAGE OF KEY BISCAYNE 85 West McIntyre Street Key Biscayne, FL 33149 By John F Festa Mayor Attest RESOLUTION NO 94-4 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO A HURRICANE ANDREW URBAN REFORESTATION GRANT MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the natural disaster known as Hurricane Andrew severely damaged the urban tree resources of the Village of Key Biscayne on the morning of August 24, 1992, and WHEREAS, the Village of Key Biscayne wishes to restore and enhance the pre -hurricane tree canopy through the planting of appropriate tree species, and WHEREAS, the Village of Key Biscayne wishes to enter into the necessary agreements with the Department of Agriculture and Consumer Services to allow for the receipt of federal grant funds for tree planting, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS Section 1 The Village Manager is hereby authorized to enter into a Hurricane Andrew Urban Reforestation Grant Memorandum of Agreement with the State of Florida Department of Agriculture and Consumer Services Section 2 The Village Manager is hereby directed to send copies of this resolution to the Department of Agriculture and Consumer Services and all other persons as determined by him to be required Page 1 of 2 Section 3 This resolution shall become effective immediately upon adoption PASSED AND ADOPTED this 1st day of February , 1994 ATTEST VILLAGE CLERK APPROVED AS TO F•' AND LEGAL SUFFICIENCY VILLAGE TTORN Page 2 of 2 JOHN F FESTA RESOLUTION NO 94-3 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, EXPRESSING ITS DESIRE TO ACCEPT A $100,000 00 GRANT FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, LAND AND WATER CONSERVATION FUND PROGRAM, AUTHORIZING THE VILLAGE MANAGER TO SUBMIT THE PROPER DOCUMENTATION TO THE NATIONAL PARK SERVICE FOR FINAL APPROVAL, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Village of Key Biscayne submitted a grant application to the Land and Water Conservation Fund administered through the Florida Department of Environmental Protection on September 30, 1993, and WHEREAS, in a letter dated January 18, 1994, the Village was informed that its application had been approved by the Secretary of the Department of Environmental Protection subject to the final approval of the National Park Service, and WHEREAS, said letter indicated the Village must accept this grant in writing by February 18, 1994, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS Section 1. That the Village Council officially accepts the award of $100,000 00 from the Land and Water Conservation Fund which will be matched by an equal amount of local funds Section 2. That the Village Manager is hereby authorized to submit the proper documentation to the National Park Service for final approval by the March 31, 1994 deadline Section 3. This resolution shall become effective immediately upon adoption Page 1 of 2 PASSED AND ADOPTED this 1st day of February , 1994 ATTEST(7 VILLAGE CLERK APPROVED AS TO LEGAIik SUFFICIENCY VILLAGE AT'UCORNE Page 2 of 2 OR JOHN F FESTA RESOLUTION NO 94-02 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, RECOGNIZING WALT DISNEY WORLD FOR HOSTING MICKEY'S WORLDWIDE KIDS PARTY, COMMENDING WALT DISNEY WORLD'S DAVID CROSS FOR HIS EFFORTS ON BEHALF OF THE VILLAGE, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Walt Disney World hosted Mickey' s Worldwide Kids Party the weekend of November 19 - 21, 1993, and WHEREAS, Mickey's Worldwide Kids Party celebrated International Children's Day and afforded disadvantaged children the occasion to visit Disney World with all expenses paid, and WHEREAS, the Recreation Department coordinated the event on behalf of the Village and provided children on Key Biscayne the opportunity to participate, and WHEREAS, David Cross, who served as Disney World's liaison to the Village, provided invaluable assistance to the Recreation Department throughout the event, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS Section 1 That the Village Council recognizes Walt Disney World for hosting Mickey's Worldwide Kids Party and providing disadvantaged children the opportunity to visit Disney World with all expenses paid Section 2 That the Village Council commends David Cross, Disney World's liaison to the Village, for his efforts on behalf of the Village and the children of Key Biscayne Section 3 This resolution shall take effect immediately upon adoption Page 1 of 2 PASSED AND ADOPTED this llth day of January , 1994 OR JOHN F FESTA ATTEST VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY GI LiifAi► VILLAGE AT RN V\14-liis Page 2 of 2 Section 3 This resolution shall take effect immediately upon adoption PASSED AND ADOPTED this llth day of January , 1994 ATTEST VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY R VILLAGE TTORN Page 2 of 2 a 3-,/-„___ OR JOHN F FESTA