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