HomeMy Public PortalAbout1999-56 Authorizing an agreement with Pinsky Mitchell PartnersRESOLUTION NO. 99-56
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE THE ATTACHED AGREEMENT WITH PINSKY
MITCHELL PARTNERS, WEST PALM BEACH, FLORIDA;
FOR PROFESSIONAL INTERGOVERNMENTAL
REPRESENTATION; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Pinsky Mitchell Partners has proven to be effective in legislative matters
pertaining to the Miami Seaquarium expansion; and
WHEREAS, state agencies complete their legislative proposals and requests to the governor
at different times throughout the year, therefore, lobbying during the developmental stage, out of
sessions, is usually more effective; and
WHEREAS, the Village may be better served by securing intergovernmental representation
on an annual basis, to maintain a proactive stance and provide contiguous planning.
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 attached agreement,
on behalf of the Village, with Pinsky Mitchell Partners for Professional Intergovernmental
Representation.
Section 2. This resolution shall take effect immediately upon adoption
PASSED AND ADOPTED this 8th day of
CONCHITA H. ALVAREZ, CMC
VILLAGE CLERK
MAYOR
APPROVED AS TQ FOORM AND LEGAL SUFFICIENCY:
RICHARD AY I`S, E ATTORNEY
VILLAGE OF KEY BISCAYNE
AGREEMENT FOR
SERVICES
THIS AGREEMENT, made and entered into on the 1 day of 'J V e-- , 1999
by and between the Village of Key Biscayne (the "VILLAGE"), and Pinsky Mitchell Partners (the
"CONSULTANT").
RECITALS:
The VILLAGE wants to engage the CONSULTANT to perform Professional
Intergovernmental Representative Services in conjunction with the Miami Seaquariuni expansion
("Specified Services"). The CONSULTANT wants to provide such Specified Services.
In consideration of the mutual covenants in this Agreement, the parties agree as follows:
1 SCOPE OF SERVICES
The CONSULTANT agrees to provide Professional Intergovernmental Representative
Services as directed by Village Council via the Village Manager. The work is described on
Exhibit "A" attached hereto.
2. FEES FOR SERVICES
The VILLAGE shall pay the CONSULTANT a $2,500 retainer per month for the duration
of this contract for Specified Services. The CONSULTANT will issue an invoice once per
month for said retainer. Said invoices are payable by the VILLAGE within 30 days. Fees
shall not exceed the monthly rates set forth on Exhibit "A" attached hereto.
3. TERM
The term shall be from the day and year first above written until September 30, 2000, unless
terminated pursuant to paragraph seven (7).
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 anti all such documents shall
be delivered to the VILLAGE by the CONSULTANT.
5. ASSIGNMENT
This Agreement shall not be assignable by the CONSULTANT. Certain portions of the
Specified Services may be subcontracted as necessary, with prior consent of the VILLAGE.
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6. PROHIBITION AGAINST CONTINGENT FEES
The CONSULTANT represents that it has not employed or retained any company or person,
other than a bonafide 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 bonafide 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 or 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 this Agreement for all acceptable work performed up to the date of termination.
8. NQNEXCLUSIVE 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 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. INSURANCE
The CONSULTANT shall furnish proof that it has Worker's Compensation Insurance as
required by Chapter 440 Florida Statutes.
The CONSULTANT shall furnish proof that it has Professional Liability Insurance in an
amount no less than $500,000 per occurrence.
The CONSULTANT shall furnish proof that it has Business Automobile Liability Insurance
with a limit of $500,000 per occurrence combined single limit. The Automobile Liability
Insurance shall cover all owned, non -owned and hired vehicles used in connection with this
work. The VILLAGE shall be included as "Additional Insured" with respect to the Business
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a
Automobile Liability Insurance.
12. 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:
C. Samuel Kissinger
Village Manager
Village of Key Biscayne
85 West McIntyre Street
Key Biscayne, Florida 33149
(305) 365-5514
Richard Jay Weiss, Esq.
Village Attorney
Weiss Serota Helfman
Pastoriza & Guedes, P.A.
2665 South Bayshore Drive, Suite 420
Miami, Florida 33133
(305) 854-0800
Conchita H. Alvarez
Village Clerk
Village of Key Biscayne
85 West McIntyre Street
Key Biscayne, Florida 33149
(305) 365-5506
Richard Pinsky, Consultant
President
Pinsky Mitchell Partners
701 anuga Drive
West alm Beach, Florida 33401
(561) 659-1992
13. GOVERNING LAW
This Agreement shall be construed in accordance with the laws of the State of Florida. Venue
for any litigation hereunder shall be in Miami -Dade County, Florida.
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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:
Pinsk Mitchell Partners
701 anuga Drive
We alm Beach, Florida 33401
(561) 659-1992
By
chard P. ky; President
Witnesse
VILLAGE:
Village of Key Biscayne
85 West McIntyre Street
Key Biscayne, Florida 33149
(305) 365-5514
Approv
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illage Manager
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onchita Alvarez, Village Clerk
Village Atto.-ne