HomeMy Public PortalAbout1996 Agreement.tifRESOLUTION NO. 96-43
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF
THE VILLAGE, WITH PLANNING & FINANCING
CONSULTING TEAM SERVICE, A FLORIDA CORPORATION,
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS:
Section 1. That the Village Manager is hereby authorized to execute the attached
Agreement, on behalf of the Village, with Planning & Financing Consulting Team Service, a Florida
Corporation.
Section 2. The Consultant shall provide meeting assistance and report summaries
regarding the potential Key Biscayne Community Center.
Section 3, This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this loth day of December , 1996.
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CONCHITA ALVAREZ, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
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RICHARD J. WEISS, VILLAGE ATTORNEY
VILLAGE OF KEY BISCAYNE
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this 12 day of December , 19 96 ,
by and between the Village of Key Biscayne (the "VILLAGE") and Stan Hemphill. (the
"CONSULTANT").
RECITALS:
The VILLAGE wants to engage the CONSULTANT to perform certain professional services
as specifically described under the Section 1, Scope of Services of this Agreement ("Specified
Services"). The CONSULTANT wants to provide such Specified Services.
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. The CONSULTANT will: See Exhibit 1.
2. FEES FOR SERVICES
The CONSULTANT agrees to charge the VILLAGE for Specified Services provided in
accordance with the following fee schedule: Not to exceed $4,500.00.
The CONSULTANT will issue an invoice once a month including signed copies of all invoices for
each calendar month for the work which has been completed. Said invoice 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 1 year(s) unless earlier terminated pursuant to paragraph
seven of this agreement.
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 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.
7. TERMINATION
This Agreement may be terminated by the VILLAGE upon 45 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 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 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. NOTICES
All notices and communications to the CONSULTANT or VILLAGE shall be in writing and
shall be deemed to have been properly given if transmitted by registered, certified mail, postage
prepaid, or hand delivery. All notices and communications shall be effective upon receipt. Notices
shall be addressed as follows.
Village:
With a copy to:
Consultant:
13. GOVERNING LAW
C. Samuel Kissinger
Village Manager
Village of Key Biscayne
85 West McIntyre Street
Key Biscayne, Florida 33149
Richard J. Weiss, Esq.
Village Attorney
Weiss, Scrota & Helfman, P.A.
2665 South Bayshore Drive
Suite 204
Miami, Florida 33133
Stan Hemphill
11441 S W. 110th Lane
Miami, FL 33176
Tel: (305) 598-5076
Fax: (305) 598-7763
This Agreement shall be construed in accordance with the laws of the State of Florida.
IN WITNESS WHEREOF, the parties
Agreement upon the terms and conditions above
CONSULTANT:
Stan Hemphill
11441 S.W. 110th Lane
Miami, FL 33176
By.
Attest:
hereto have accepted, made and executed this
stated on the day and year first above written.
VILLAGE:
Village of Key Biscayne
85 West McIntyre Street
Key Biscayne Florida 33149
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By: /rC._.
C. Samuel Kis: ger, Village Manager
Attest:
Approved as to legal sufficjencr
Village Attorney
Resolution, 96-43, December 10, 1996 Authorized Agreement Execution