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Home My Public Portal AboutAugust 1992 Agreement for Architectural Landscape.tifVILLAGE OF KEY BISCAYNE AGREEMENT FOR ARCHITECTURAL LANDSCAPE PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 13th day of August, 1992, by and between the VILLAGE OF KEY BISCAYNE (the "VILLAGE") and O'Leary Design Associates, P.A., 8525 SW 92nd Street, Suite C11, Miami, Florida 33156, a corporation, (the "CONSULTANT"). RECITALS: The VILLAGE wants to engage the CONSULTANT to perform certain Architectural Landscape professional services as specifically deEcribed in Exhibit A to 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 outlined in the Request for Proposal dated September 21, 1992 for Landscape Architectural Services. 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 until terminated pursuant to paragraph 8. 4. GENERAL TERMS AND CONDITIONS All originals 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 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 ($500,000.00), worker's compensation insurance, public liability and property damage insurance ($50,000.00), and automotive public liability ($500,000.00). 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 cancellable 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, contigent upon or resulting from the award or making of this Agreement unless approved by the Manager of the Village of Key Biscayne. 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 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 engaging other firms to perform the same of 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. 2 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 Specified Services. 12. 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. 13. 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, FL 33149 Richard Jay Weiss, Esq. Village Attorney Weiss Serota & Helfman, P.A. 2665 South Bayshore Drive Suite 204 Miami, Florida 33133 O'Leary Design Associates, P.A. 8525 SW 92nd Street, Suite C11 Miami, Florida 33155 14. GOVERNING LAW This Agreement shall be construed in accordance with the laws of the State of Florida. 3 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: VILLAGE: O'Leary Design Associates, P.A. 8525 SW 92nd Street, Suite C11 Miami, Florida 33155 1-(305) 596-6096 By: Attest: VILLAGE OF KEY BISCAYNE 85 West McIntyre Street Key Biscayne, FL 33149 By: Attest: i-� Rafe= el Conte Mayer Guido . Inguan Village Clerk Authorized by Board of Trustees August 11, 1992 4 - J 1997 Village of Key Biscayne EXHIBIT A ARCHITECTURAL LANDSCAPE SERVICES 1. Writing of tree preservation and landscape codes for South Florida. 2. Planting design and bid documents. 3. Landscape maintenance specifications and bid documents. 4. Xeriscape irrigation design. 5. Roadway planting design. 6. Cost estimating. 7. Mitigation planning and monitoring 8. Environmental permitting assistance and coordination and regulatory agency review. 9. Endangered species evaluation. 10. Computer Aided Design (CAD) Capabilities. 11. Any other projects that may be assigned by the Village Manager. If/SS/0,V STATF. NF,NT "To Provide A Safe Oualuy Community Environment For All Islanders ThrouQh Resnonsihle (Government " O'LEARY DESIGN ASSOCIATES P.A. LANDSCAPE ARCHITECTURE LANG PLANNING URBAN DESIGN GRAPHIC DESIGN EXHIBIT B September 21, 1992 Mr. C. Samuel Kissinger Village Manager Village of Key Biscayne 85 W. McIntyre Street Key Biscayne, Florida 33149 Dear Mr. Kissinger: I have been advised that our firm has been awarded the principal contract for landscape architectural services, for the Village of Key Biscayne. Our services will be based on the hourly rates defined in my correspondence to you dated August 5, 1992 (copy enclosed), as follows: I) O'Leary Design Associates, PA Di -ii, t"^nr2171 4— 4- Principal/Project Landscape Architect (William A. O'Leary, FASLA) $85.00/hour Graduate Landscape Architect $60.00/hour Clerical $25.00/hour II) Environmental Mitigation Planning Assoc., Inc. (Sub -consultant) Biologist and Senior Scientist $75.00/hour Environmental Technician $35.00/hour OAK PLAZA PROFESSIONAL CENTER 85_5 5 \\ U2ND STREET SLITE 01 MIAMI FLORIDA 33156 x'5 596-6096 MEMBERS THE AmERICAN SOCET\ OF LANDSCAPE ARCHITECTS Mr. C. Samuel Kissinger September 21, 1992 page two Incidental expenses such as, but not limited to, long distance calls, fax transmissions, blueprinting, reproductions, computer plots, postage, and tolls, will be additional and will be invoiced for at our cost. If this proposal is acceptable, I would appreciate your signing the enclosed copy and returning it to me for my files. Looking forward to our continued close cooperation, I am Very truly yours, O'LEARY DESIGN ASSOCIATES, PA WILLIAM A. O'LEARY FASLA MAYOR VILLA VILLAGE CLERK VILLAGE OF KEY BI (vlocch 1) 1 gq 3 DATE WAO/cas