HomeMy Public PortalAbout1998-39 County-wide unified local mitigation strategy preparation cost agreement, KBS Development Associates, IncRESOLUTION NO. 98-39
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE THE ATTACHED AGREEMENT WITH KBS
DEVELOPMENT ASSOCIATES, INC. MARKED AS EXHIBIT
I, FOR A TOTAL COST NOT TO EXCEED $15,000 FOR THE
VILLAGE'S ACTIVE PARTICIPATION IN THE JOINT
PREPARATION OF A SINGLE COUNTY -WIDE UNIFIED
LOCAL MITIGATION STRATEGY, AS GENERALLY
DEFINED IN AN INTERLOCAL AGREEMENT BETWEEN
THE VILLAGE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village has, contemporaneously with this Resolution, authoriz' l the Village
Manager to execute an Interlocal Agreement with Miami -Dade County in order to jointly complete
a Local Mitigation Strategy as described in the State Department of Community Affairs (DCA)
publication The Local Mitigation Strategy: a Guidebook for Florida Cities and Counties; and
WHEREAS, said Interlocal agreement calls for Miami -Dade County to pay compensation
to the Village in an amount not to exceed $30,000 for its participation in the completion of the Local
Mitigation Strategy, in accordance with terms and conditions of the above Interlocal Agreement; and
WHEREAS, Village participation in the Local Mitigation Strategy will require the
performance of tasks closely related to the Village's Floodplain Management Plan prepared in
substantial part by KBS Development Associates, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS 'FOLLOWS:
Section 1. That the Village Manager is hereby authorized to execute the contract with KBS
Development Associates, Inc. to assist the Village in fulfilling its obligations under its agreement
with Miami -Dade County to participate in the preparation of a Local Mitigation Strategy.
Section 2. Funds to cover the cost of the contract shall be provided under the terms of the
Interlocal Agreement with Miami -Dade County.
Section 3. This resolution shall take effect immediately upon adoption
PASSED AND ADOPTED this 25th day of August , 1998.
7&,
F. FESTA
CONCHITA H. ALVAREZ, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFIC
RICHARD J. WEISS, VILLAGE ATTORNEY
,.
' VILLAGE OF KEY BISCAYNE
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this day of , 19 ,
by and between the Village of Key Biscayne (the "VILLAGE") and KBS Development
Associates, Inc. (the "CONSULTANT").
RECITALS:
The VILLAGE wants to engage the CONSULTANT to perform certain professional
services as specifically described in Exhibit A to this Agreement ("Specified Services"). The
CONSULTANT wants to provide such Specified Services.
In consideration of the mutual covenants set forth in this Agreement, the parties agree as
follows:
1. SCOPE OF SERVICES
The CONSULTANT agrees to provide Specified Services upon written request from the
Village Manager as provided for in this Agreement.
2. FEES FOR SERVICES
The CONSULTANT agrees to charge the VILLAGE for Specified Services provided in
accordance with Exhibit A. The CONSULTANT will issue an invoice once a month for
the work which has been completed. Said invoices is payable by the VILLAGE within 30
days. The VILLAGE shall pay to the CONSULTANT for the faithful performance of this
agreement, in lawful money of the United States of America.
3. TERM
The term of this Agreement is 1 year(s) unless earlier terminated pursuant to
paragraph eight.
4. GENERAL TERMS AND CONDITIONS
All work papers and documents that result from the CONSULTANT providing Specified
Services shall be the property of the VILLAGE. Upon termination of this Agreement or
upon request of the VILLAGE during the term of this Agreement, any and all such
documents shall be delivered to the VILLAGE by the CONSULTANT.
5. ASSIGNMENT
This Agreement shall not be assignable by the CONSULTANT.
6. PROHIBITION AGAINST CONTINGENT FEES
The CONSULTANT warrants that it has not employed or retained any company or
person, other than a 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.
7 TERMINATION
This Agreement may be terminated by the VILLAGE upon 45 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 in accordance
with the provisions of Exhibit A for all acceptable work performed up to the date of
termination.
8. NONEXCLUSIVE AGREEMENT
The services to be provided by the CONSULTANT pursuant to this Agreement shall be
nonexclusive and nothing herein shall preclude the VILLAGE from engaging other firms
to perform the same or similar services for the benefit of the VILLAGE within the
VILLAGE'S sole and absolute discretion.
9. ENTIRE AGREEMENT
The parties hereby agree that this is the entire agreement between the parties. This
Agreement cannot be amended or modified without the express written consent of the
parties.
10. WARRANTIES OF CONSULTANT
The CONSULTANT hereby warrants and represents that at all times during the term of
this Agreement it shall maintain in good standing all required licenses, certifications and
permits required under Federal, State and local laws necessary to perform the Specified
Services.
11. 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 addressed
as follows:
Village:
With a copy to:
Consultant:
12. GOVERNING LAW
C. Samuel Kissinger
Village Manager
Village of Key Biscayne
85 West McIntyre Street
Key Biscayne, Florida 33149
Richard J. Weiss, Esq.
Village Attorney
Weiss, Serota & Helfinan, P.A.
2665 South Bayshore Drive
Suite 204
Miami, Florida 33133
Peter Kory
KBS Development Associates, Inc.
55 Ocean Lane Drive
Apt. 1035
Key Biscayne, Fl 33149
This Agreement shall be construed in accordance with the laws of the State of Florida.
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this
Agreement upon the terms and conditions above stated on the day and year first above
written.
CONSULTANT:
By:
Attest:
KBS Development Associates, ; -,
PLORIDt"
Atte
ILLAGE:
e of Key Biscayne
st McIntyre Street
cayne Fl p j s a 33149
EXHIBIT A
SCOPE OF SERVICES AND FEE
1. SCOPE
Consultant shall manage, coordinate and perform work and otherwise assist the Village of Key
Biscayne in fulfilling its obligations under an Interlocal Agreement to be executed between the
Village and Miami -Dade County, involving the active participation of the Village in a Local
Mitigation Strategy (LMS). A copy of said Interlocal Agreement, including a scope of services
thereunder, is found in EXHIBIT B attached hereto.
2. FEE
The Consultant will charge a maximum fee of $15,000.00. Payment of said fee shall occur in four
installments corresponding to the completion of the scope of work and the fee disbursements
called for in the Interlocal Agreement, namely: 20% or $3,000.00 when the work under the first
Contract Period is completed; 20% or $3,000.00 when the work under the second contract
period, ending September 1998, is completed; 40% or $6,000 when the work under the third
contract period, ending March 15, 1999, is completed; and 20% or $3,000.00 when the work
under the fourth contract period, ending July 1, 1999, is completed.