HomeMy Public PortalAbout1999-90 Authorizing to execute the agreement with Coastal Systems International, Inc. re: Village Ocean ParkRESOLUTION NO. 99-90
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE THE ATTACHED AGREEMENT WITH
COASTAL SYSTEMS INTERNATIONAL, INC., CORAL
GABLES, FLORIDA, FOR PROFESSIONAL ENGINEERING
SERVICES RELATED TO THE DEPARTMENT OF
ENVIRONMENTAL PROTECTION - BUREAU OF BEACHES
AND COASTAL SYSTEMS (DEP) PERMIT RELATIVE TO
THE PROPOSED OCEAN PARK; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Village Council, via Resolution 98-20, adopted April 28, 1998, authorized the
preparation of schematic documents for the Village Ocean Park; and
WHEREAS, Village Council, via Resolution 99-13, adopted February 9, 1999, authorized
the final phase of design development for the Village Ocean Park; and
WHEREAS, on June 8, 1999 by motion, Village Council authorized the construction of the
"Palm Court" and items not required to be permitted by the State of Florida; and
WHEREAS, permitting for the remaining project items is required by the State of Florida
Department of Environmental Protection (DEP); and
WHEREAS, via Resolution 98-41, adopted August 25, 1998, Coastal Systems International,
Inc. was selected as a Village Coastal Engineer, signing a contract for General Professional
Architectural and Engineering Services on August 26, 1998.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. The Village Manager is hereby authorized to execute the attached agreement with
Coastal Systems International, Inc., Coral Gables, Florida for professional engineering services
related to the Department of Environmental Protection - Bureau of Beaches and Coastal Systems
(DEP) permit relative to the proposed Ocean Park.
Section 2. The Village Manager is hereby authorized to execute each "Task" separately,
partially or completely, as is deemed necessary for this project, at a total cost not to exceed $15,000.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 16th day of November , 1999.
MAYOR JOE I. RASCO
CHITA H. ALVAREZ, CMC
VILLAGE CLERK
APPROVED AS TO FORM AND LEG
8(-4' 0-?\
RICHARD JAY WEISS, VILLAGE ATTORNEY
VILLAGE OF KEY BISCAYNE
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this ri-+-k day of , 20 00 ,
by and between the Village of Key Biscayne (the "VILLAGE') and Coastal Systems International,
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 Department of
Environmental Protection peiniit relative to the proposed Beach Front Park project.
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 $15,000 . 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 2 year(s) unless earlier teirninated pursuant to paragraph
eight.
4. GENERAL TERMS AND CONDITIONS
All original sketches, tracings, 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 teiiiiination 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 liability insurance in the minimum amount of
$1,000,000. The Village shall be named as an additional insured on all the liability 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
This Agreement may be terminated by the VILLAGE upon ten 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.
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 teiui 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.
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1 2 . A T T O R N E Y S F E E S
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