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HomeMy Public PortalAbout1995 AgreementVILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 1st day of, January 1995, by and between the VILLAGE OF KEY BISCAYNE (the "VILLAGE") and Roberto Castillo, (the "CONSULTANT") RECITALS The VILLAGE wants to encourage the CONSULTANT to perform certain professional services as specifically described 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 as outlined in exhibit A 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 1 year(s) unless earlier terminated pursuant to paragraph 7 -2- 4 GENERAL TERMS AND CONDITIONS All documents and work papers 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 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 that 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 ten days' written notice with or without cause and by the CONSULTANT upon 45 days' written notice with or without cause 3 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 or people 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 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 ATTORNEYS FEES In connnection with any litigation arising out of this Agreement, the VILLAGE shall be entitled to recover reasonable attorneys fees and costs 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 C Samuel Kissinger Village Manager Village of Key Biscayne 85 West McIntyre Street Key Biscayne, FL 33149 With a copy to Consultant Richard Jay Weiss, Esq Village Attorney Weiss Serota & Helfman 2665 South Bayshore Drive Suite 204 Miami, FL 33133 Roberto Castillo 4751 N W 97th Place Miami, Florida 33178 (305) 13 GOVERNING LAW This Agreement shall be construed in accordance with the laws of the State of Florida CONSULTANT Roberto Castillo 4751 N W 97th Place Miami, Fl 33178 5 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 VILLAGE VILLAGE OF KEY BISCAYNE 85 West McIntyre Street Key Biscayne, FL 33149 Cut fj � By By .�i o `" C Samuel /'- Robert &-r±To issinger, Attest (ve \k yb a\pr f gm /4 1 - Village Manager Attest s 6 DESCRIPTION Tennis Instruction Will provide tennis instruction to Key Biscayne residents on dates and times agreed upon Will work a minimum of 40 hours/ week at Calusa Park The tennis facility will be maintained daily (tie-up loose wind screens empty garbage baskets, reserve courts for players notify the Recreation Department of any needed repairs, make sure Calusa grounds and building is maintained, etc ) DATES/DAYS Monday through Friday 8 00 a m - 6 00 pm Saturdays 9 00 a m - 2 00 p m LOCATION Calusa Park EXHIBIT B FEE SCHEDULE Paid monthly $100 00