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Home My Public Portal About2018 AgreementKEVe VILLAGE OF KEY BISCAYNE T 'i!lage Council Mayra P. Lindsay, [Mayor Franklin H. Caplan, I are Mayor Luis E de la Cruz Colleen Castille Gary R. Gross Allison McCormick Colleen Castille, Inc. Brett G. Moss 3209 Adwood Drive Katie Petros Tallahassee, FL 32312 Village Manage/ - John C. Gilbert Office of the Village Manager March 21, 2018 Re: Written Consent to Retain Beach Renourishment Team Members Dear Ms. Castille, On January 9, 2018 the Village of Key Biscayne ("Village") Council considered and evaluated the individuals that you proffered as part of a consultant team for Beach Nourishment consulting, pursuant to the Letter of Agreement dated June 14, 2017 ("Agreement"). Pursuant to Section 6 of the Agreement, no payments "to third parties or consultants in furtherance of carrying out any of [your] responsibilities under this Agreement without prior written approval from the Village..." Accordingly, you presented individuals that may assist in carrying out the duties of the Agreement. Upon review and consideration of the presented qualifications, the Village approved the engagement of Spencer Crowley, Esq. of Akerman, LLP at a rate of $555.00/hr., with a cap of $5,000.00 a month, plus actual expenses, for consulting of financing and regulatory approval of beach nourishment activities pursuant to the Agreement; and Jim Davenport, Paul Schlesinger, and Marion Turner of Alcalde & Fay with a monthly retainer of $6,000.00 plus actual expenses, for lobbying services pursuant to the Agreement (collectively "Sub -consultants"). The Sub -consultants will directly contract with you to assist in your performance pursuant to the Agreement. Currently, the Agreement is in an amount not to exceed $60,000.00. Based on the foregoing, the Agreement will require an amendment to the Agreement, attached hereto, to reflect the current amount of the Agreement and to allow for you to contract with the Sub -consultants' with their rates and services as stated in this written consent. RECEIVED AND ACCEPTED: ,&16/A„ 4. (I, �f sultant Date: /f/'), L, �S 1 ac,../ Colleen Castille, Co On Behalf of the Village, hn C. Gilbert, CI %y Manager 88 West McIntyre Street • Suite 210 • Key Biscayne, Florida 33149 • (305) 365-5514 • Fax (305) 365-8936 MISSION STATEMENT:"TO PROVIDE SAFE, QUALITY COMMI Nlll I:N\'IRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT." www.keybiscayne. fl.gov FIRST AMENDMENT TO AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND COLLEEN CASTILLE FOR CONSULTING SERVICES This First Amendment to Agreement (the "Amendment") is made and entered mto as of this day of March, 2018, by and between the Village of Key Biscayne, a Flonda municipal corporation (the `Village") and Colleen Castile, (the `Consultant") for the purpose of consultmg and assistmg the Village's efforts of comprehensive beach nourishment project before federal state, and local agencies WITNESSETH WHEREAS the Village and the Consultant entered mto an Agreement for Consulting Services between the Village and Consultant (the Agreement' ), dated June 14, 2017, and WHEREAS, on June 13, 2017, the Village adopted a budget that raised the maximum compensation of the Agreement from an amount not to exceed $50,000 00 to an amount not to exceed $60,000 00, and WHEREAS on January 9, 2018, the Village approved the Consultant's engagement of two sub consultants pursuant to Section 6 of the Agreement and WHEREAS as such, the parties desire to amend the Agreement terms to provide for the use of sub consultants to assist m the performance of the Agreement and memonahze the increased compensation of way as set forth herem IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS HEREIN EXPRESSED AND THE FAITHFUL PERFORMANCE OF ALL SUCH COVENANTS AND CONDITIONS, THE PARTIES AGREE AS FOLLOWS 1 The above recitals are true and correct, and are hereby mcorporated by reference 2 Any capitalized term not otherwise defined herem, shall have the meaning ascnbed thereto m the Contract 3 Section 2 of the Agreement is hereby amended, and now states as follows "2 Professional Fees and Terms Consultant agrees to provide advice, research and representation services to Client with respect to the Transaction Client agrees to pay Consultant $60,000 00 for representation each year over a two year penod under the term of this agreement A retainer fee of $5,000 shall be paid at mitial approval of contract and the balance shall be paid in monthly installments for 23 months for these services The delivery date of the oral reports are no later than close of business on days of the workshops or meetings with local and or state or federal officials with written reports to follow by the end of the week of meetings This Agreement will automatically expire upon the conclusion the task required or two years from the date of authonzation The agreement may be extended with mutual agreement of the parties " 4 Section 9 of the Agreement is hereby added and states "9 Ownership and Access to Records, Pubhc Records Notwithstanding anythmg to the contrary m the Agreement, the Agreement and all deliverables and services provided by the Consultant are subject to Flonda s Pubhc Records Law (Chapter 119 Flonda Statutes, including but not limited to the following 91 All records books documents, maps, data, deliverables papers and financial information (the `Records') that result from the Consultant providing the Services to the Village under the Agreement shall be the property of the Village 9 2 Consultant agrees to keep and maintain public records m Consultant s possession or control m connection with Consultant's performance under the Agreement Consultant additionally agrees to comply specifically with the provisions of Section 119 0701 Flonda Statutes Consultant shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the Agreement, and following completion of the Agreement until the records are transferred to the Village 9 3 Upon request from the Village custodian of public records, Consultant shall provide the Village with a copy of the requested records or allow the records to be mspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119 Flonda Statutes, or as otherwise provided by law 9 4 Unless otherwise provided by law any and all records mcludmg but not Imuted to reports, surveys and other data and documents provided or created m connection with this Agreement are and shall remain the property of the Village 9 5 Upon completion of this Agreement or m the event of termination by either party, any and all pubhc records relating to the Agreement m the possession of the Consultant shall be delivered by the Consultant to the Village Manager, at no cost to the Village withm seven (7) days All such records stored electronically by Consultant shall be delivered to the Page 2 of 5 Village in a format that is compatible with the Village's information technology systems. Once the public records have been delivered upon completion or termination of this Agreement, the Consultant shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. 9.6 Any compensation due to Consultant shall be withheld until all records are received as provided herein. 9.7 Consultant's failure or refusal to comply with the provisions of this section shall result in the immediate termination of the Agreement by the Village. Section 119.0701(2)(a), Florida Statutes IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS. Custodian of Records: Mailing address: Telephone number: Email: JENNIFER MEDINA, MMC, VILLAGE CLERK 88 West McIntyre Street Key Biscayne, Florida 33154 305-365-5506 j med inan,keybiscayne.fl.gov" 5. Pursuant to Section 6, of the Agreement, the Village and Consultant agree that the Consultant may contract with Spencer Crowley, Esq. of Akerman, LLP at a rate of $555.00/hr., with a cap of $5,000.00 a month, plus actual expenses, for consulting of financing and regulatory approval of beach nourishment activities for Consultant's performance pursuant to the Agreement; and Jim Davenport, Paul Schlesinger, and Marion Turner of Alcalde & Fay with a monthly retainer of $6,000.00 plus actual expenses, for lobbying services for Consultants performance pursuant to the Agreement. 6. All other terms, covenants, and conditions of the Agreement not otherwise amended are hereby confirmed and ratified. 7. This Amendment may be executed in any number of counterparts, each of which, when executed and delivered, shall be an original, but such counterparts shall together constitute Page 3 of 5 one and the same instrument. A facsimile copy of this Amendment and any signatures herein shall be considered for all purposes as originals. [THIS SPACE INTENTIONALLY LEFT BLANK] Page 4 of 5 FIRST AMENDMENT TO AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND COLLEEN CASTILLE FOR CONSULT AND REPRESENTATION SERVICES IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment on the respective dates under each signature: Village of Key Biscayne, through its Village Manager, who authorized to execute this Amendment and Colleen Castille, who is authorized to execute same. Key Biscayne, FL Joh C. Gi bert Vill._eM. ager Consultant ,4 Coleen Castille Consultant Page 5 of 5