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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.