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Home My Public Portal About1999-79 Authorizing to select Universal Fountains for the construction and installation of a three-tier, illuminated fountainRESOLUTION NO. 99-79 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO SELECT UNIVERSAL FOUNTAINS FOR THE CONSTRUCTION AND INSTALLATION OF A THREE-TIER, ILLUMINATED FOUNTAIN TO BE LOCATED WITHIN THE TRAFFIC CIRCLE AT THE INTERSECTION OF MASHTA DRIVE AND HARBOR DRIVE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the residents of the Village have expressed a strong desire for improving the aesthetic quality of the community streets to accompany the high quality of the residential neighborhoods; and WHEREAS, the Village has begun to address this request with the construction of traffic calming devices with landscaping and lighting along Harbor Drive and Mashta Drive; and WHEREAS, the residents and Village Staff agree that the Mashta Drive/Harbor Drive traffic circle represents a key node within the series of traffic calming devices in terms of physical size and location, deserving a special treatment relative to the standard landscaping and lighting of the other traffic calming devices; and WHEREAS, the residents and Village Staff agree that a fountain would be the appropriate detail to accent the circle and complement the architectural quality of the Mashta Island bridge; and WHEREAS, residents of Mashta Island have contributed funds toward the cost of fountain construction and installation, which should be recognized by the Village with a commemorative plaque to be installed with the fountain; and WHEREAS. the Village received three (3) bids to construct and install the fountain and Universal Fountains was the low bid; and WHEREAS, the Village, in order to construct and install said fountain, requires the services of a professional fountain contractor. 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 directed to select Universal Fountains to cast and install a three-tier, illuminated fountain with concrete base within the traffic circle located at the intersection of Harbor Drive and West Mashta Drive. APPROVED Section 2. That the Capital Improvements Plan is amended to reflect the cost of the fountain and related site improvements Section 3. That the funding of the project shall consist of $6,650.00 in donations, with the remainder to be obtained from the Village Capital Improvements. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 16th day of September , 1999. ,Ieve6A" CHITA H. ALVAREZ, CMC, VILLAGE C i7 '''''.'.." •• 1 S TO FORM AND LEGAL SUFFICIENCY RIC i • ' ►SAY ' IS , V 1► AGE ATTORNEY MAYOR JOE I. RASCO VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 12' day of October, 1999, by and between the VILLAGE OF KEY BISCAYNE (the "VILLAGE") and Universal Fountain, Inc., a Florida corporation, (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 the event of any conflict between this Agreement and any Exhibit, this Agreement shall control. 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. 2. FEES FOR SERVICES The CONSULTANT agrees to charge the VILLAGE for Specified Services provided in accordance with the fee schedule attached as Exhibit B. 3., TERM The term of this Agreement is six (6) months unless earlier terminated pursuant to paragraph 8. 4. GENERAL TERMS AND CONDITIONS All original sketches, tracing, drawings, computations, details, design calculations, work papers and other documents and plans 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. INSURANCE The CONSULTANT shall at all times carry professional liability insurance, worker's compensation insurance, comprehensive general liability insurance, and automotive liability insurance, with minimum policy limits in the amount of Three Hundred Thousand ($300,000.00), Dollars per occurrence, combined single limit for bodily injury and property damage, except that the amount of worker's compensation insurance shall be as provided by Chapter 440, F.S. The VILLAGE shall be named as an additional insured on all of the above insurance policies. Each insurance policy shall state that it is not cancelable without written notice to the VILLAGE 30 days prior to the effective date of said cancellation. 6. ASSIGNMENT This Agreement shall not be assignable by the CONSULTANT. 7 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. 8. TERMINATION -i This Agreement may be terminated by the Village upon Vi days' written notice with -of- -wi 11 ou 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 B for all acceptable work performed up to the date of termination. 9. 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. 10. 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. 11. 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 Specific Services. CONSULTANT shall obtain all permits. 12. ATTORNEYS FEES In connection with any litigation arising out of this Agreement, the VILLAGE shall be entitled to recover reasonable attorneys fees and costs. 13. NOTICES All notices and communications to the VILLAGE or CONSULTANT 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 Richard Jay Weiss, Esq. Village Attorney Weiss Serota Helfman Pastoriza & Guedes, P.A. 2665 South Bayshore Drive, Suite 420 Miami, Florida 33133 Jameel A. Khan Universal Fountain, Inc. 7328 N.W. 8th Street Miami, Florida 33126 14. GOVERNING LAW 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: UNIVERSAL FOUNTAIN, INC. 7328 N.W. 8th Street Miami, Florida 33126 VILLAGE: VILLAGE OF KEY BISCAYNE 85 West McIntyre Street Key Biscayne, Florida 33149 By: Jameel A. Khan President Corporate Secretary \ ;;= s:,^ `w; ' = Village Clerk