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HomeMy Public PortalAbout1999-13 Authorizing athe agreement for Phase II, with O.B.M., for the planning, architecture and services in connection with the Village Beach ParkRESOLUTION NO. 99-13 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT FOR PHASE II, DESIGN DEVELOPMENT FOR THE PLANNING, ARCHITECTURE AND SERVICES IN CONNECTION WITH THE VILLAGE BEACH PARK WITH O.B.M., MIAMI, INC.; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the proposed contract is the second, and final phase, in the design development and construction of the Village Beach Park; WHEREAS, completion of this phase will provide cost estimates, materials, specifications and shop drawings for each element as proposed in Phase I, Schematic Design presented to Village Council on July 1, 1998 and amended on September 1, 1998; WHEREAS, completion of this phase will provide plans and specifications sufficient to allow the Village to go to bid for construction of said park; BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That the Village Manager is hereby authorized to execute the attached agreement, on behalf of the Village, with O.B.M., for the planning, architecture and services in connection with the Village Beach Park located at East Enid Drive and Ocean Drive. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 9th day of February , 1999. MAYOR JOE I. RASCO ATT C • CHITA H. ALVAREZ, CMC VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, LAGE •` TORNEY VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this I day of L- , 19 99, by and between the Village of Key Biscayne (the "VILLAGE") and OBM Miami, 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 connection with the Beach Park. 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 not to exceed $30,750. 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. See Exhibit 'A' section VI for Extra Services. 3 TERM The term of this Agreement is 1 year(s) unless earlier terminated pursuant to paragraph seven. 4. GENERAL TERMS AND CONDITIONS All work papers and documents that result from the CONSULTANT providing Specified Services shall be the property of the CONSULTANT. Upon termination of this Agreement during the term of this Agreement, the VILLAGE has the right to use all documents prepared and payed for under this Agreement. 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 30 days' written notice with or without cause and by the CONSULTANT upon 30 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. This Agreement includes Exhibit 'A' Proposal for Services dated April 17, 1998. 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 & Helfman, P.A. 2665 South Bayshore Drive Suite 204 Miami, Florida 33133 OBM Miami, Inc. 2600 Douglas Road Suite 510 Coral Gables, FL 33134 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: OBM Miami, Inc. 2600 Douglas Road, Suite 510 Coral Gables, FL 33134 By: Authorized by the Village Council Resoluti VILLAGE: Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 er, Village Manager