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Home My Public Portal About1998 AgreementRESOLUTION NO. 98-34 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENTS WITH CERTAIN FIRMS TO PROVIDE FOR GENERAL PROFESSIONAL ARCHITECTURAL, ENGINEERING SERVICES AND SURVEYING; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That the Village Manager is hereby authorized to execute the attached agreements, on behalf of the Village, for general architectural, engineering and surveying services on a project specific basis with the following firms: 1.) C.A.P. Engineering Consultants, Inc.; 2.) Corzo Castella Carballo Thompson Salman, P.A.; 3.) Craig A Smith & Associates; 4.) Dammes & Moore; 5.) Glatting Jackson Kercher Anglin Lopez Rinehart, Inc.; 6.) Manuel G. Vera and Associates; 7.) Portuondo Perotti Architects; 8.) Post Buckley Schuh and Jernigan, Inc.; 9.) Robert Currie Partnerships; and 10.) Williams Hatfield & Stoner, Inc. 11.) John Little Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 1st day of July , 1998. HITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL FA,C1 RICHARD J. ISS, v ILLA 'f ATTORNEY r'' N. VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 0 day of JU1 , 19 98, by and between the Village of Key Biscayne (the "VILLAGE") and C.A.P. Engineering Consultants (the "CONSULTANT"). RECITALS: The VILLAGE wants to engage the CONSULTANT to perform General Professional Architectural and Engineering Services ("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 provide General Professional Architectural and Engineering Services on a project specific basis. A separate proposal for each project with a defined scope will be presented for review and approval prior to the start of each project. 2. FEES FOR SERVICES The CONSULTANT agrees to charge the VILLAGE for Specified Services. Project specific Contracts will be presented for review and approval as requested by the Village Manager. Terms and conditions outlined therein. The CONSULTANT will issue an invoice once a month for the work which has been completed. Said invoices 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 year(s) unless earlier terminated pursuant to paragraph seven. 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 1 ( 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 represents 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 CONTRACTOR 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 this Agreement 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 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. The CONSULTANT shall furnish proof that he has Worker's Compensation Insurance as required by Chapter 440, Florida Statutes and, where applicable, coverage for the U.S. 2 Longshoremen's and Harbor Worker's Act and the Jones Act. The CONSULTANT shall also furnish proof that he has Contractual Liability Insurance and Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this work, in an amount no less than $1,000,000 per Occurrence for Bodily Injury and Property Damage combined. 11. 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, Florida 33149 Richard J. Weiss, Esq. Village Attorney Weiss, Serota & Helfman, P.A. 2665 South Bayshore Drive Suite 204 Miami, Florida 33133 C.A.P. Engineering Consultants 100 Miracle Mile Suite 300 Coral Gables, FL 33134 (305) 461-5484 12. 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: C.A.P. Engineering Consultants 100 Miracle Mile, Suite 300 Coral Gables, Florida 3 VILLAGE: Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 , By:. C.A.P. Engi ring Consultants Attest: �hf' ��/, la_Lti / _suu/A- Autho y Village ouncil y 1, 1998 4