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Home My Public Portal About1996 Agreement.tifRESOLUTION NO. 96-4 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN AGREEMENT, ON BEHALF OF THE VILLAGE, WITH SOUTH MIAMI GRAFIX, MIAMI, FLORIDA, FOR THE PROVISION OF SCANNING SERVICES FOR THE BUILDING, ZONING AND PLANNING DEPARTMENT; 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 an agreement, on behalf of the Village, with South Miami Grafix, Miami, Florida, for the provision of scanning services for the Building, Zoning and Planning Department, pursuant to the proposal attached as Exhibit A. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 12th day of March, 1996. JOHN F. FESTA, MAYOR ATT:ST: GUIDO H. GUANZO, JR., CMC, VILLAGE CLERK APPROVED AS T ORM AND LEGAL SUFFICIENCY: L RIC . NV,I3 ,VI AGE ATTORNEY VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this G' `r day of C-ipi" , 19 `, 4; by and between the Village of Key Biscayne (the "VILLAGE") and South Miami Grafix, (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 CONSULTANT will periodically pick up documents to be scanned according to the scheduling requirements of the Village and return them along with monochrome digital scanned images as specified with each order Scans will be delivered either by modem transfer or on a form of removable high -capacity disk (e.g "Bernoulli"). The Village will then copy the files to a medium of choice for long-term archiving CONSULTANT will provide software in the form of a custom database application that requires Microsoft Access version 2.0 or higher and Microsoft Windows version 3.1 or higher (not included). All code and documentation for this application will be made available to the Village to allow for later modification in-house if desired The software also includes utilities sold under license from DataScan to provide viewing, letter -size printing, and format conversions CONSULTANT will provide reprints of archived documents on request. Reprints may be either original size, reduced or enlarged CONSULTANT will also provide software to facilitate transmission of reprint requests by modem 2 FEES FOR SERVICES The CONSULTANT agrees to charge the VILLAGE for Specified Services provided in accordance with the following fee schedule: Scanning. $ 50 per sq.ft of document size, rounded to the next sq.ft., with a 2 sq.ft. Minimum Documents may be up to 36 inches wide be any length. Reprints: On plain paper bond -- $ 32 per sq Ft for first copy of each document, $.16 per sq Ft. for duplicate copies. On vellum for blueprint masters -- $1 25 per sq ft. Bernoulli disks for file transfers: Reimbusement at cost (currently $95 00 per disk for the selected format.) Other disk formats may be used instead at current cost. Note that these items are re -usable so that a small number will be sufficient. CD-ROM writing (if required later -- not currently requested): $150.00 per disk for first copy, $50.00 for duplicates. Software support $40.00 per hour after the initial installation and a 90 -day warrantee period Includes additional customization and functional enhancements that may be requested in the future DataScan products may incur upgrade fees as yet unannounced. Free services: Pick up and delivery, modem software, file transfers. 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 8 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. INSURANCE The CONSULTANT shall at all times carry worker's compensation insurance (as required by law), public liability and property damage insurance, and automotive public liability and property damage insurance with minimum policy limit in the amount of Three Hundred Thousand Dollars ($300,000.00) per occurrence for personal injury and properttdamage liability 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 or subject to change without written notice to the VILLAGE 30 days prior to the effective date of said cancellation or change. 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 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 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 Specified Services 12. 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. C. Samuel Kissinger Village Manager Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 With a copy to. Consultant: 13 GOVERNING LAW Richard J Weiss, Esq Village Attorney Weiss, Serota & Helfman, P.A 2665 South Bayshore Drive Suite 204 Miami, Florida 33133 Stephen C Donachie, President South Miami Grafix 6811 S.W 81 Terrace Miami, Florida 33158 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. South Miami Grafix 6811 S W, 81 Terrace Miami, Florida ./'15 By Attes VILLAGE Village of Key Biscayne 85 West McIntyre Street Key Biscayn-, Florida 33149 By Attest Approved as to Village Attorney C Samu , Village egal sufficiency: