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HomeMy Public PortalAbout1993 Agreement for Professional ServicesVILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into on the _2 day of DCCe_ty1bek, , 1993, by and between the Village of Key Biscayne, Dade County, Florida, party of the first part (hereinafter called "Village"), and Coastal Management and Consulting, Delray Beach, Florida, party of the second part (hereinafter called "Consultant"); RECITALS: The VILLAGE wants to engage the CONSULTANT to perform certain professional services as specifically described in accordance with paragraph 1, scope of services 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 a. The CONSULTANT agrees to provide a biological survey of the dunes, to include identification and reporting of coastal native and exotic plant species currently growing seaward of existing structures and seaward of the crest of the dune. b. The CONSULTANT agrees to coordinate efforts to eradicate invasive exotic species, to include identification of existing and potential problems, formulation of written recommendations for immediate and long term management of invasive exotic species, within the dune area, and direct site management of exotic and nuisance species outbreaks in public beach areas which can be controlled within the limits of the current beach cleaning contract. c. The CONSULTANT agrees to review and evaluate the impacts to the Village of the existing Dade County Dune Restoration Plan. d. The CONSULTANT agrees to review and comment on the advisability of future local regulation of coastal dune issues. e. The CONSULTANT agrees to develop objectives for short and long term dune management by the Village and private oceanfront property owners. f. The CONSULTANT agrees to provide the Village with monthly reports for the duration of the contract. The scope of these professional services is based on the preliminary documents attached as "Exhibit A". 2. FEES FOR SERVICES The CONSULTANT agrees to charge the Village for the above specified services a total of $2,000.00 for each of the first two months, then $1,000.00 for each of the third and fourth months, billable with submission of an invoice together with a monthly report. The total contract price is not to exceed $6,000.00. The VILLAGE shall pay to the Consultant for the faithful performance of this Contract, in lawful money of the United States. 3. TERM The term of this Agreement is 4 months unless terminated pursuant to paragraph 8. 4. GENERAL TERMS AND CONDITIONS All originals 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 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. 2 5. INSURANCE The CONSULTANT shall at all times carry commercial general liabiliy ($500,000), products completed operations aggregate ($500,000), personal and advertising injury ($500,000), each occurance ($500,000), fire damage (any one fire) ($50,000), medical expense ($5,000) and automotive liability ($100,000/$300,000 bodily injury, $50,000 property damage liability). The Village shall be named as an additional insured on all of the above insurance policies. Each insurance policy shall not be canceled without written notice to the VILLAGE 30 days prior to the effective date of said cancellation. 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, continent upon or resulting from the award or making of this Agreement unless approved by the Manager of the Village of Key Biscayne. 8. 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. If this Agreement is terminated, the CONSULTANT shall be paid in accordance with the provisions of Paragraph 2 of this contract 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 engaging other firms to perform the same or similar services for the benefit of the VILLAGE within the VILLAGE'S sole and absolute discretion. 3 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. ATTORNEY'S FEES In connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. This provision shall exclude all litigation resolved by agreement of the parties. 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: With a copy to: C. Samuel Kissinger Village Manager Village Of Key Biscayne 85 West McIntyre Street Key Biscayne, FL 33149 Richard Jay Weiss, Esq. Village Attorney Weiss Serota & Helfman, P.A. 2665 South Bayshore Drive Suite 204 Miami, Florida 33133 4 Consultant: 14. GOVERNING LAW This Agreement shall be construed in accordance with the laws of the State of Florida. Robert H. Barron Coastal Management and Consulting 111 Periwinkle Lane Delray Beach, Florida 33444 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: Coastal Management and Consulting 111 Periwinkle Lane Delray Beach, Florida 33444 (407) 265-0395 By: Authorized by Village Council riembe.- 5 VILLAGE: VILLAGE OF KEY BISCAYNE 85 West McIntyre Street Key Biscayne, FL 33149 By: 1. C. Samuel Kissin Village Manager Attest: Guido H. Ingianzo, Jr. /(e =- Village Clerk /993 LOR%I'2 ' CERTIFICATE OF INSURANCE PRODUCER PARK & ASSOCIATES INC P O BOX 810999 BOCA RATON FL 3 3 4 81- 0 9 9 9 INSURED ROBERT BARRON COASTAL MGMT 111 PERRIWINKLE LN DELRAY BEACH FL 33444 ISSUE DATE (MM/DD/YY) 12/02/93 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY LETTER A OLD DOMINION INS CO COMPANY B LETTER COMPANY LETTER C COMPANY LETTER D COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIONM/ LIMITS LTR DATE (M DD/YY) DATE (MM/DD/YY) A. GENERAL LIABILITY TBD 12 / 0 2/ 9 3 12 / 0 2/ 94 GENERAL AGGREGATE $500,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $500,000 CLAIMS MADE X OCCUR PERSONAL & ADV INJURY $500,000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $500,000 FIRE DAMAGE (Any one fire) $50,000 MED EXPENSE (Any one person) $5,000 AUTOMOBILE LIABILITY COMBINED SINGLE ANY AUTO LIMIT $ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON -OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS EACH ACCIDENT $ AND DISEASE --POLICY LIMIT $ EMPLOYERS' LIABILITY DISEASE --EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER VILLAGE OF KEY BISCAYNE ATTN: C. SAMUEL KISSINGER 85 WEST MCINTYRE ST KEY BISCAYNE FL 33149 ACORI) 25-S (7/90) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS NTS OR REPRESENTATIVES AUTHORIZED REPRESENTATivE In M. Beth Parquet e 'J RA ©ACO CORPORATION 1990