HomeMy Public PortalAbout1992 Agreement VKB-Douglas R Stutz PhD Fire Communication.tifVILLAGE OF KEY BISCAYNE
AGREEMENT
FOR
PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this 20th day of November, 1992 by and between the
VILLAGE OF KEY BISCAYNE (the "VILLAGE") and DOUGLAS R. STUTZ, PhD, d/b/a GDS
COMMUNICATIONS, of 2380 Riverdale Drive No., Miramar, FL 33025, (the "CONSULTANT").
RECITALS:
The VILLAGE wants to engage the CONSULTANT to perform certain professional services as
specifically described in Exhibit 1 to this Agreement ("Specified Services"). The CONSULTANT wants to
provide such Specified Services.
In consideration of the mutual covenants set forth in the Agreement, the parties agree as follows:
1. SCOPE OF SERVICES
The CONSULTANT agrees to provide Specified Services as outlined in the attached Agreement,
marked Exhibit 1.
2. FEES FOR SERVICES
The CONSULTANT agrees to charge the VILLAGE for Specified Services provided in accordance
with the fee schedule attached as Exhibit 1.
3. TERM
The term of this Agreement is six (6) months unless earlier terminated pursuant to Paragraph 7.
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 termination 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 solicitor 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 ten (10) days; written notice with or
without cause and by the CONSULTANT upon forty five (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 I 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 the
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. ATTORNEY'S FEES
In connection with any litigation arising out of this Agreement, the VILLAGE shall be entitled to
recover reasonable attorneys fees and costs.
12. 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:
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 Jay Weiss Esq
Village Attorney
Weiss Serota & Helfman P A
2665 South Bayshore Dnve
Suite 204
Miami Flonda 33133
Douglas R Stutz PhD d/b/a
GDS Communications
2380 Riverdale Dnve N
Miramar FL 33025
This Agreement shall be construed in accordance with the laws of the State of
Flonda
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
Douglas R Stutz PhD d/b/a
GDS Communications
2380 Riverdale Drive No
Miramar FL 33025
By
Dougl.,- R Stutz PhD
-4
VILLAGE
VILLAGE OF KEY BISCAYNE
85 West McIntyre Street
Key Biscayne FL 33149
By
C Samuel Kidnger
Village Manager
Attest
EXHIBIT I_
Reference is made to the Agreement for the Professional Services
made between Douglas R. Stutz, PhD, d/b/a GDS Communications
(herein referred to as "Consultant"), 2380 Riverdale Drive North,
Miramar, Florida 33025 and the Village of Key Biscayne (herein
referred to as "Village"), 85 W. McIntyre Street, Key Biscayne,
Florida 33149.
WITNESSETH
1. The Consultant agrees to review the existing data provided
by the Village and listed at Appendix A. This data will provide
the basis for determine what additional data, if any, is required.
2. The Consultant agrees to recommend and assist in
collecting any additional data required to make an appropriate
recommendation, if necessary. This includes conducting interviews,
reviewing records, etc.
3. The Village agrees to make all pertinent records and
personnel available to the Consultant should it become necessary
to collect additional data. The Village further agrees to provide
this in an appropriate time frame to ensure completion of the
project within the dates outlined below.
4: The Consultant agrees to provide to the Village one copy
of an interim report not exceeding 10 pages in length (double
spaced), after review of data provided by the Village and listed at
Appendix A. This report will summarize the data, recommend
collection of addition data, if necessary , and outline the
collection process, if required. This report will be submitted no
later than three weeks after signing of this document.
5. The Consultant agrees to provide to the Village on copy of
a final report, not exceeding 30 pages in length (double spaced),
providing a review of the alternatives for provision of fire
service (including case studies, as appropriate), an analysis of
all data provided and collected, the alternatives (including
advantages and disadvantages of each) available to the Village, and
a recommendation for the best and most cost efficient method of
providing fire service to the Village. This report will be
submitted not later than January 15, 1993.
6. The Village agrees to pay all reasonable expenses the
Consultant incurs in connection with this project. Examples are:
tolls, transportation costs, copying costs, telephone charges,
meals if required to be in the Village over meal time, mail
expenses, etc. The Consultant agrees to provide a compete
accounting of these expenses and to submit these expenses in
accordance with the policies of the Village:
p. 1
xbibit 1, Continued
7. The Village agrees to pay the Consultant at the rate of
$135.00 per hour for the above described work. This fee will be
paid on a portal to portal basis. Consulting hours worked will not
exceed 8 for the initial review and interim report described in 4
above and 30 hours for the entire project. Should the project
require additional hours of work, the Consultant and the Village
will agree in writing as to the extension required.
8. The Village agrees to pay all fees and expenses incurred
to date at the time of submission of the interim report and to make
final payment at the time of submission of the final report. The
Consultant will provide a complete accounting of all time spent and
expenses in the form of an invoice at each period.
9. This Agreement shall be construed, interpreted and
governed by the laws of the State of Florida.
10. This agreement constitutes the entire understanding of the
parties, and no modification shall be valid unless it is in writing
and signed by the parties to be bound.
p. 2
CONSULTING AGREEMENT
APPENDIX A
LIST OF DATA PROVIDED INITIALLY
Summary Report - Key Biscayne Fire and Rescue Services
Transitional Committee, Do Date
Memorandum - Fire/Rescue Service Cost Comparison Study
Revised, March 23, 1992
Option D - Establishment of a Key Biscayne Fire/Rescue Service
by Key Biscayne volunteer Fire Department, February 19, 1991
Recommendations for fire and Rescue Services for the Village
of Key Biscayne by the Fire and Rescue Committee of the
Village Board of Trustees, January 27, 1992
Proposed Recommendation to the Village of Key Biscayne Board
of Trustees from Fire\Rescue Committee, No Date
Village of Key Biscayne - Fire Cost Analysis, No Date
Final Report, Fire and Rescue Committee, Dick Cromartie,
Chairman, No Date
Fire and Rescue Services Currently Provided by Metro -Dade
County Fire Department to Key Biscayne, Report prepared for
the Key Biscayne Council by the Fire and Rescue Transition
Committee, April 1991
. Miscellaneous Exhibits submitted by the Fire/Rescue
Committee, No Date
10.
11.
Alternate Proposal for Public Safety Services for the Village
of Key Biscayne, Florida Submitted by Wackenhut Services,
Incorporated, October, 1991
Proposal for Law Enforcement Services for the Village of Key
Biscayne, Florida submitted by Wackenhut Services,
Incorporated, September, 1991