HomeMy Public PortalAbout2003 Agreement.tifRESOLUTION NO. 2003-33
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF
THE VILLAGE WITH GOMEZ BARKER ASSOCIATES, INC.
FOR INTERGOVERNMENTAL REPRESENTATIVE
SERVICES; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the firm of Gomez Barker Associates, Inc. will represent the Village on
legislative and regulatory issues affecting the Village of Key Biscayne, work with appropriate agency
officials, legislative committees, leadership, and individual members to facilitate the Village's
Tallahassee agenda as it relates to water and infrastructure funding, environmental concerns, and any
legislative issues pertinent to the Village of Key Biscayne.
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 Gomez Barker Associates, Inc.
Section 2. Gomez Barker Associates, Inc. will provide Intergovernmental Representative
Services to the Village of Key Biscayne.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 14th day of October , 2003.
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MAYOR ROBERT OLDAKOWSKI
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ITA H. ALVAREZ, CMC, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
VILLAGE OF KEY BISCAYNE
AGREEMENT FOR
SERVICES
THIS AGREEMENT, made and entered into on the 14th day of October, 2003 by and
between the Village of Key Biscayne, Miami -Dade County, Florida, party of the first (hereinafter
"VILLAGE"), and Gomez Barker Associates, Inc., party of the second part (hereinafter
"CONSULTANT");
RECITALS
The VILLAGE wants to engage the CONSULTANT to perform certain services as described
in accordance with paragraph 1, scope of services to this Agreement ("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 perform the following services as authorized by the Village
Council and administered via the Village Manager. The work is described as follows:
The CONSULTANT shall represent the Village on legislative and regulatory
issues affecting the Village of Key Biscayne, work with appropriate agency
officials, legislative committees, leadership, and individual members to
facilitate the Village's Tallahassee agenda as it relates to water and
infrastructure funding, environmental concerns, and any legislative issues
pertinent to the Village of Key Biscayne.
2. FEES FOR SERVICES
The VILLAGE shall pay the CONSULTANT a $3,500 retainer per month for the duration of
this Agreement as compensation for performance of the Specified Services. The CONSULTANT
will issue an invoice once per month for said retainer. Said invoices are payable by the VILLAGE
within 30 days. The Village Manager may authorize and approve reasonable and necessary
expenses not to exceed $4,000 annually.
3. TERM
The term of this Agreement commences on October 15, 2003 and is for a duration of one (1)
year expiring on October 14, 2004, unless terminated pursuant to paragraph 7 or extended pursuant
to paragraph 9.
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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 and all such documents shall be
delivered to the VILLAGE by the CONSULTANT.
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 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 bona fide employee working solely for the CONSULTANT any fee,
commission, percentage, gift, or any other consideration, continent upon or resulting from the award
or making of this Agreement.
7. TERMINATION
This Agreement may be terminated by the VILLAGE upon ten days' written notice with or
without cause or 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
Paragraph 2 of this contract 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.
10. WARRANTIES OF CONSULTANT
The CONSULTANT hereby warrants and represents that all times during the term of this
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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.
The CONSULTANT shall furnish proof that it has Professional Liability Insurance in an
amount no less than $500,000 per occurrence.
11. ATTORNEY'S FEES
In connection with any litigation arising out of this Agreement, the prevailing party shall be
entitled to recover reasonable attorney's fees and costs. This provision shall exclude all litigation
resolved by agreement of the parties.
12. 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:
Jacqueline R. Menendez
Village Manager
88 West McIntyre Street
Key Biscayne, Florida 33149
Village Attorney
Weiss Serota & Helfinan
Pastoriza Guedes Cole & Boniske, P.A.
2665 South Bayshore Drive
Suite 420
Miami, Florida 33133
Conchita H. Alvarez
Village Clerk
88 West McIntyre Street
Key Biscayne, Florida 33149
CONSULTANT: Fausto B. Gomez
Gomez Barker Associates, Inc.
2350 Coral Way, Suite 301
Miami, Florida 33145
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13. 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:
Gomez Barker Associates, Inc.
2350 Coral Way, Suite 301
Miami, Florida 33145
By:
Fausto B. Gomez
Gomez Barker Associates, Inc.
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VILLAGE:
Village of Key Biscayne
88 West McIntyre Street
Key Biscayne, Florida 33149
By:
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Clerk
OVED AS TO LE
Village Attorne
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AL SUFFICIENCY