HomeMy Public PortalAbout1997 Agreement for Long-Term Beach Nourishment PlanVILLAGE OF KEY BISCAYNE
Village Council
John F. Festa, Mayor
Michele Padovan, Vice Mayor
Mortimer Fried
Gregory C. Han
Hugh T. O'Reilly
Christina Dearing Reed
Betty Sine
Village Manager
C Samuel Kissinger
Paul C. -P. Lin, Ph.D., P.E.
Coastal Systems International, Inc.
464 South Dixie Highway
Coral Gables, Florida 33146
Dear Dr. Lin:
Office of the Village Manager
February 18, 1997
Enclosed please find executed copies of the Village of Key Biscayne Agreement for
Professional Services, and the Coastal Systems International, Inc. Agreement, labeled as
Exhibit One. These documents authorize you to begin work on the Village of Key Biscayne
Long -Term Beach Nourishment Plan.
Thank you for your patience and time with this project and we look forward to working with
you. If you have any questions or require additional information and/or assistance, then
please contact either myself or James DeCocq at my office.
Very truly yours,
amuel Kissinger
Village Manager
CSK/jdd
85 West McIntyre Street • Key Biscayne, Florida 33149 • (305) 365-5514 • Fax: (305) 365-8936
MISSION STATEMENT "TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT"
VILLAGE OF KEY BISCAYNE
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this k7 T_ -day of ,jam , 19_'7- by
and between the Village of Key Biscayne (the "VILLAGE") and Coastal Systems In tional, Inc..
(the "CONSULTANT").
RECITALS:
The VILLAGE wants to engage the CONSULTANT to perform certain professional services
as specifically described under the Section 1, Scope of Services of 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 upon written request from the
Village Manager as provided for in this Agreement. The CONSULTANT will: See Exhibit
One.
2. FEES FOR SERVICES
The CONSULTANT agrees to charge the VILLAGE for Specified Services provided in
accordance with the following fee schedule: Not to exceed $35,075.
The CONSULTANT will issue an invoice once a month including signed copies of all invoices
for each calendar month for the work which has been completed. Said invoice 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 1 year(s) unless earlier terminated pursuant to paragraph
eight.
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 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. INSURANCE
The CONSULTANT shall at all times carry worker's compensation insurance (as required
by law), public liability and property damage insurance, and automotive public liability and
property damage insurance with minimum policy limit in the amount of Three Hundred
Thousand Dollars ($300,000.00) per occurrence for personal injury and property damage
liability. The VILLAGE shall be named as an additional insured on all of the above insurance
policies. Each insurance policy shall state that it is not cancelable or subject to change
without written notice to the VILLAGE 30 days prior to the effective date of said cancellation
or change.
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, contingent
upon or resulting from the award or making of this Agreement.
8. TERMINATION
This Agreement may be terminated by the VILLAGE upon 45 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 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 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.
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.
"
1 2 . N O T I C E S
A l l n o t i c e s a n d c o m m u n i c a t i o n s t o t h e C O N S U L T A N T o r V I L L A G E s h a l l b e i n w r i t i n g a n d
s h a l l b e d e e m e d t o h a v e b e e n p r o p e r l y g i v e n i f t r a n s m i t t e d b y r e g i s t e r e d , c e r t i f i e d m a i l ,
p o s t a g e p r e p a i d , o r h a n d d e l i v e r y . A l l n o t i c e s a n d c o m m u n i c a t i o n s s h a l l b e e f f e c t i v e u p o n
r e c e i p t . N o t i c e s s h a l l b e a d d r e s s e d a s f o l l o w s :
V i l l a g e :
W i t h a c o p y t o :
C o n s u l t a n t :
C . S a m u e l K i s s i n g e r
V i l l a g e M a n a g e r
V i l l a g e o f K e y B i s c a y n e
8 5 W e s t M c I n t y r e S t r e e t
K e y B i s c a y n e , F l o r i d a 3 3 1 4 9
R i c h a r d J . W e i s s , E s q .
V i l l a g e A t t o r n e y
W e i s s , S e r o t a &