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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. Page 1 of 4 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 Page 2 of 4 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. Page 3 of 4 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 Page 4 of 4 illage Manager ffgfe onchita Alvarez, Village Clerk Village Atto.-ne