HomeMy WebLinkAboutR-00-1107r,
R
J-00-1094
12/05/00
RESOLUTION NO. t"
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), APPROVING THE REQUEST OF
THE REPRESENTATIVES OF THE CALLE OCHO
CELEBRITY. WALK OF FAME, SUBJECT TO TERMS AND
CONDITIONS, TO CONSTRUCT, INSTALL AND
MAINTAIN NON-STANDARD IMPROVEMENTS WITHIN THE
DEDICATED RIGHT-OF-WAY IN THE SIDEWALK AREA
OF SOUTHWEST 8TH STREET FROM SOUTHWEST 12TH TO
SOUTHWEST 27TH AVENUES, MIAMI, FLORIDA,
CONSISTING OF MARBLE STARS HONORING
ENTERTAINMENT CELEBRITIES, WITH PREFERENCE TO
THOSE CELEBRITIES RESIDING IN SOUTH FLORIDA;
FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH CALLE OCHO CELEBRITY WALK
OF FAME, FOR SAID PURPOSE.
WHEREAS, the City of Miami is responsible for the Citywide
maintenance of the sidewalks of the dedicated right-of-way; and
WHEREAS, representatives of Calle Ocho Celebrity Walk of
Fame, a not -for -profit corporation, requested authorization to
construct, install, and maintain non-standard improvements,
consisting of marble stars, to honor entertainment celebrities,
with preference to those celebrities residing in South Florida,
within the dedicated public right-of-way on the sidewalks of
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CITY CO MISSION
MEETING OF
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Southwest 8th Street from Southwest 12th to Southwest 27th Avenues;
and
WHEREAS, the City Commission finds it to be in the best
interest of the City of Miami and its inhabitants to approve the
request of Calle Ocho Celebrity Walk of Fame;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The request of the representatives of the
Calle Ocho Celebrity Walk Of Fame, is hereby approved subject to
terms and conditions, to construct, install, and maintain
nonstandard improvements within the dedicated right-of-way in the
sidewalk area of Southwest 8th Street from Southwest 12th to
Southwest 27th Avenues, Miami, Florida, consisting of marble
stars honoring entertainment celebrities, with preference to
those celebrities residing in South Florida, regardless of ethnic
background.
Page 2 of 3 U - 1 1 0 7
•
Section 3. The City Manager is hereby authorized!' to
execute an agreement, in substantially the attached form, with
Calle Ocho Celebrity Walk Of Fame, for said purpose.
Section 4. This Resolution shall become effective
immediately upon its adoption and signature of the Mayoral
PASSED AND ADOPTED this 14th
day of December , 2000.
JOE CAROLLO, MAYOR
In accordaccordmm vi th Warn! Code Sec. 2-36, since the mayor did not indicate apprbvMi of
this 4 sk(n by signing it in the designated �� , e proNizd,
b=mm, effective with the el,'- sa of ten t10� elk .' ;rern Iho, date
r�
ATTEST: i�c� same, without the Mayor i:ue�:isin veto. r
WALTER J. FOEMAN
CITY CLERK
APPROVE S 0 FO. AND RRECTNESS:O/
L VIAIrkELLO
ATTORNEY
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1 The herein authorization is further subject to compliance with all
requirements that may be imposed by the City Attorney, including but not
limited to those prescribed by applicable City Charter and Code
provisions.
a/ If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted.
If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
Page 3 of 3 U11 0 — 1M
•
AGREEMENT BETWEEN
THE CITY OF MIAMI
AND
CALLE OCHO CELEBRITY WALK OF FAME, INC.
THIS AGREEMENT, is entered into this day of , 2000, by and between
The City of Miami, a municipal corporation of the State of Florida, in the. County of Miami -Dade,
(hereinafter the "City") and CALLE OCHO CELEBRITY WALK OF FAME, INC., a Florida Not -
for -Profit corporation, (hereinafter "COCWF")
RECITALS
WHEREAS, COCWF through, Amparo Carolyn Navarro, its President, has requested
permission from the City to construct, install, and maintain non-standard improvements within the
dedicated public right-of-way in the sidewalk area of Southwest Eighth Street from Southwest
Twelfth Avenue to Southwest Twenty -Seventh Avenue (hereinafter the "Sidewalk Area"); and
WHEREAS, the nonstandard improvements shall consist of marble stars, (hereinafter the
"Stars"), honoring entertainment celebrities, and giving preference to those celebrities residing in
South Florida, regardless of their ethnic background; and
WHEREAS, the Sidewalk Area is under the maintenance jurisdiction of the City; and
WHEREAS, the City has required the execution of this Agreement as a condition precedent
to the granting of COCWF's request for license to construct, install, and maintain the Stars within
the Sidewalk Area.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein, the City and COCWF agree as follows:
TERMS
1. RECITALS: The foregoing recitals are true and correct and are hereby incorporated into and
made a part of this Agreement.
2. TERM: The term of this Agreement shall be for a period of five (5) years commencing upon
execution of this Agreement. The City shall have the option in its sole and unfettered discretion
to extend the term of this Agreement for an additional five (5) year period.
3. SCOPE:
(A) STARS: The City agrees to grant COCWF a revocable and nonexclusive, license to
construct, install, and maintain the Stars within the Sidewalk Area at COCWF's sole cost and
expense, in accordance with the terms of this Agreement. The design of the Stars shall be subject
to the approval of the City's director of the department of public works or his/her designee. Upon
expiration or termination of this Agreement title to the Stars shall immediately pass to City.
(B) PERMITS: COCWF shall obtain all permits and pay all fees required for the
installation of the Stars.
(C) DISRUPTION: The installation of the Stars shall cause the least amount of disruption
possible. COCWF shall coordinate the installation and maintenance of the Stars with surrounding
property owners. In the event that the installation of the Stars requires the re-routing or protection
of pedestrian, automobile, or retail traffic, the costs for any such rerouting or protective measures
shall be the sole and complete responsibility of COCWF.
(D) NOMINATING COMMITTEE: COCWF will establish a nominating committee
composed of at least seven, but no more than thirteen, members of the community. The mayor and
each city commissioner shall have the option of appointing one member to the nominating
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committee. The nominating committee shall submit the names and backgrounds of all proposed
honorees to the Little Havana Festival Committee and to the City Commission (hereinafter the
"Commission") for their approval, at least sixty (60) days before the proposed date for the
installation of the Star. If either the Little Havana Festival Committee or the Commission
disapprove of the nominee, COCWF shall not install a star honoring that nominee.
(E) NOTICE TO PUBLIC: COCWF shall, prior to the installation of each Star, inform the
public of the proposed installation by publishing notice of same in three (3) daily newspapers of
general circulation throughout Miami -Dade County, one of which must be a Spanish language
publication. Publication shall commence no more than thirty (30) and no less than seven (7) days
before the Little Havana Festival Committee and the Commission agenda that is set to address the
item. Publication shall occur for seven (7) consecutive days. The notice shall indicate the proposed
location of the Star, the honoree, the name to be placed on the Star, and the date that the Little
Havana Festival Committee and the Commission will consider the installation of the Star. The
City's director of the department of public works shall be consulted and shall give his/her approval
to the form of the notice and the newspapers in which it shall appear.
(F) MAINTENANCE: COCWF, at its sole expense, shall maintain the Stars so that they
do not become a hazard to the health, welfare, or safety of the general public. COCWF, at its sole
expense, shall clean each Star on a bi-monthly basis. The requirements of this paragraph shall
survive the term of this Agreement and shall continue for the duration of the Star's existence.
(G) EXISTING STARS: COCWF shall maintain all of the stars previously installed within
the Sidewalk Area in the manner described in subparagraph "3(F)" above except that this obligation
shall not begin until 120 days after the execution of this Agreement.
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(H) FAILURE TO MAINTAIN: If in' the sole discretion of the City's director of the
department of public works, COCWF, fails to maintain the Stars or the existing stars as provided in
subparagraph "3(F)" above, the City shall give COCWF written notice of such failure. COCWF
shall within ten (10) days from receipt of such notice, and at no cost to the City, either (i) clean or
repair the Stars including the existing stars to the satisfaction of the City's director of public works,
or (ii) remove the Stars including the existing stars and restore the Sidewalk Area to city
standards.
(I) FAILURE TO COMPLY: If ten days after receipt of the notice described in
subparagraph "3(H)" above, COCWF has failed to clean or repair the Stars, including the existing
stars, to the satisfaction of the City's director of the department of public works, or remove the Stars,
including the existing stars, and restore the Sidewalk -Area, the City may at its sole discretion,
remove the Stars including the existing stars, charge COCWF for the cost of restoring the Sidewalk
Area, and deny the issuance of future Star permits; or City may clean or repair the Stars including
the existing stars, charge COCWF for all costs and deny the issuance of future Star permits.
COCWF hereby waives all recourse against the City as to any damage consequential or otherwise
resulting from the removal of the Stars from the Sidewalk Area and/or the denial of Star permits.
(.I) . FAILURE TO INSTALL: If during any eighteen (18) month period COCWF fails to
install a Star in the Sidewalk area, City's director of the department of public works may inquire as
to the reasons no Stars have been installed and if in the director's sole discretion such action is
warranted may terminate this Agreement.
4. INSURANCE: Throughout the term of this Agreement and any extensions thereof, COCWF
shall, at its sole expense, purchase and maintain insurance of such type, form, and amount, as the
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City's administrator of the department of risk management shall, in his/her sole and unfettered
discretion, deem adequate. COCWF acknowledges that City may require that City be named as an
additional insured; that any change, cancellation, or non -renewal not be effective until thirty (30)
days has elapsed after City's actual receipt of notice thereof, and that City will require COCWF to
furnish certificates of insurance evidencing compliance with City's requirements prior to
performance of this Agreement.
As a minimum requirement, and in addition to any further requirements imposed by City's
department of risk management, COCWF shall, at its sole expense, purchase and maintain a
comprehensive general liability insurance policy with at least $1,000,000.00 combined single limits
for bodily injury and property damage issued by an insurance company authorized to do business
under the laws of the State of Florida. The issuing company shall be rated no less than "B" as to
management, and no less than "Class W as to financial strength, by the latest edition of Best's Key
Rating Insurance Guide or hold a valid Certificate of Authority issued by the Florida Department of
Insurance, and be a member of the Florida Insurance Guarantee Fund. The policy shall include
products and completed operations, contractual liability, and explosion, collapse and underground
liability coverage. The effective date of the policy shall be the effective date of this Agreement, and
the.policy shall remain in effect throughout the term of this Agreement and any extensions thereof.
City shall be named as an additional insured under the policy. Proof of insurance satisfactory to City
shall be provided prior to the issuance of any permits. A certificate of insurance naming City as an
additional insured shall not relieve COCWF of the obligation to actually add City as an additional
insured under the insurance policy. The insurance policy shall provide that City be given at least
thirty (30) days advance written notice of any change, cancellation, or non -renewal. In the event of
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such change, cancellation, or non -renewal, COCWF shall immediately replace said policy with
> another policy satisfactory to the City, and provide City with a certificate of insurance evidencing
coverage, at least ten (10) days prior to the effective date of the change, cancellation, or non -renewal.
5. PERFORMANCE BOND: COCWF shall, at its sole expense, furnish performance bonds,
issued by a Florida licensed surety company, in favor of the City, and subject to City's approval, in.
an amount equal to $10,000.00 per Star installed. Said bonds shall remain in force and effect
throughout the entirety of the construction and for a period of two (2) years after the installation of
the Star. The performance bond shall ensure compliance with the following; proper maintenance.
of the Stars, proper installation of the Stars, proper removal of the Stars, if necessary, and any and
all other provisions of this Agreement.
6. INDEMNIFICATION:
(A) COCWF shall indemnify, defend and hold harmless the City and its officials, employees
and agents (hereinafter collectively referred to as "Indemnities") and each of them from and against
all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities
(hereinafter collectively referred to as "Liabilities") by reason of any injury to or death of any person
or damage to or destruction or loss of any real and/or tangible personal property arising out of,
resulting from, or in connection with (i) the performance or non-performance of the services
contemplated by this Agreement, which is directly or indirectly caused, in whole or in part, by any
act, omission, default or negligence (whether active or passive) of COCWF or its employees, agents
or subcontractors (collectively referred to as "COCWF"), or (ii) the failure of COCWF to comply
with any of the paragraphs herein or the failure of the COCWF to conform to statutes, ordinances,
or other regulations or requirements of any governmental authority, federal or state, in connection
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with the performance of this Agreement. COCWF expressly agrees to indemnify and hold harmless
the Indemnities, or any of them, from and against all liabilities which may be asserted by an
employee or former employee of COCWF, or any of its subcontractors, as provided above, for which
COCWF's liability to such employee or former employee would otherwise be limited to payment
under state Workers' Compensation or similar laws.
(B) The provisions of this section are ;intended to apply in all circumstances, regardless of
the grounds or nature of any claim asserted (including contract, statute, any form of negligence,
whether of City, COCWF, or others, tort, strict liability or otherwise) and whether or not the party
seeking indemnification was advised of the possibility of the damage or loss asserted, to the extent
not contrary to applicable law.
7. NOTICES: All notices or other communications required under this Agreement shall be in
writing and shall be given by hand -delivery or by registered or certified United States Mail, return
receipt requested, addressed to the other party. at the following address or such other address as the
party may designate by notice given in accordance with this paragraph. Notice shall be deemed
given on the day on which personally delivered; or if by mail, on the fifth day after being posted or
the date of actual receipt, whichever is earlier.
CALLE OCHO CELEBRITY WALK OF FAME (COCWF)
1331 SW 93 COURT
MIAMI, FL 33174
I
CITY:
With a copy to:
CITY MANAGER
CITY ATTORNEY
444 S.W. 2"d Avenue
444 S.W. 2"d Avenue
Miami, FL 33130
Miami, FL 33130
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DIRECTOR OF PUBLIC WORKS
444 S.W. 2nd Avenue
Miami, FL 33130
8. RETENTION OF TITLE: Any information, writings, maps, contract documents, reports or any
other matter whatsoever which is given by the City to COCWF pursuant to this Agreement shall at
all times remain the property of CITY and shall not be used by COCWF for any other purpose
whatsoever without the written consent of CITY.
9. ASSIGNMENT: COCWF shall not assign, sublease or otherwise transfer its rights, duties, or
obligations under this Agreement without prior written consent of the City. The transfer of
ownership or control of COCWF, or change of COCWF's nonprofit status shall be deemed a breach
of this paragraph.
10. INDEPENDENT CONTRACTOR: COCWF agrees that, its officers, agents and employees
in performance of this Agreement shall act in the capacity of an independent contractor and not as
an officer, employee or agent of the City and shall not attain any rights or benefits including
retirement and any other rights or privileges under the Civil Service or Pension Ordinances of the
City, or any rights generally afforded classified or unclassified employees; further, he/she shall not
be deemed entitled to Florida Workers' Compensation benefits as an employee of the City.
11. AUDIT RIGHTS: COCWF shall submit bi-annually to the City a financial statement prepared
by a Certified Public Accountant licensed .in the State of Florida, and shall annually submit to the
City statements of the accounts and finances of all activities associated with COCWF's performance
under this Agreement. The City may, at reasonable times, and for a period of up to three (3) years
following the term of this Agreement, audit or cause to be audited, COCWF's books and records
related to this Agreement. COCWF agrees to maintain all such books and records at its principal
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place of business for a period of three (3) years after the term of this Agreement or until all claims
or audit findings have been resolved.
12. TERMINATION RIGHTS:
(A) Upon the vote of the Miami City Commission, the City may, at its sole and unfettered
discretion, and with no liability to COCWF, terminate this Agreement without cause by giving
COCWF thirty (30) days written notice.
(B) The City may, without liability to COCWF, terminate this Agreement for failure of
COCWF to fulfill its obligations under this Agreement. Satisfaction of obligations by COCWF shall
be determined by the City. The City shall provide COCWF a written notice of default letter.
COCWF shall have 15 calendar days to cure the default. If the default is not cured by COCWF
within the stated period, the City shall terminate this Agreement. Notice shall be sufficient if it is
delivered to COCWF personally or mailed to its specified address.
13. NONWAIVER OF DEFAULT: No delay or omission to exercise any right, power or remedy
accruing to City upon breach or default by COCWF under this Agreement, shall impair any such
right, power or remedy of City; nor shall such delay or omission be construed as a waiver of any such
breach or default, or any similar breach or default.
14. PUBLIC RECORDS: COCWF agrees that all documents maintained pursuant to this
Agreement shall be subject to the provisions of the Public Records Act, Chapter 119, Florida
Statutes. COCWF understands that the public shall have access, at all reasonable times, to all
documents and information pertaining to City contracts, subject to the provisions of Chapter 119,
Florida Statutes, and agrees to allow access by the City and the,public to all documents subject to
disclosure under applicable law. COCWF's failure or refusal to comply with the provisions of this
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section shall result in the immediate cancellation of this Agreement by the City.
15. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS: COCWF understands
that agreements between private entities and local governments are subject to certain laws and
regulations, including laws pertaining to public records, conflict of interest,:record keeping, etc. The
City and COCWF agree to comply with all applicable federal, state, and local laws, rules,
regulations, codes, and ordinances, as they may be amended from time to time. C:OCWF is aware
of the conflict of interest laws of the City of Miami (City of Miami Code Chapter 2, Article V),
Miami -Dade County Florida (Miami -Dade County Code Section 2-11.1) and the State of Florida,
and agrees that it shall fully comply in all respects with the terms of said laws.
16. NONDISCRIMINATION: COCWF represents and warrants to .the City that COCWF does
not and will not engage in discriminatory practices and that there shall be no discrimination in
connection with COCWF's performance under this Agreement on account of race, color, sex,
religion; age, handicap, marital status or national origin. COCWF further covenants that no
otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age,
handicap, marital status or national origin, be excluded from participation in, be denied services, or
be subject to discrimination under any provision of this Agreement.
17. AWARD OF AGREEMENT: COCWF represents and warrants to the City that it has not
employed or retained any person or company employed by the City to solicit or secure this
Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee, commission,
percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of
this Agreement.
18. CERTIFICATION: By signing this Agreement Provider certifies that Provider has
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familiarized itself with section 18-102 of the Code of the City of Miami, Florida and that neither
Provider nor any of its principal owners or personnel have been convicted of an offense that would
be cause for debarment under section 18-102 of the Code of the City of Miami, Florida or debarred
or suspended by any federal, state or other governmental entity.
19. GOVERNING LAW: This Agreement is executed and entered into in the State of Florida, and
shall be construed, performed, and enforced in all respects in accordance with the laws and rules of
the State of Florida.
20. INTERPRETATION: Should the provisions of this Agreement require judicial or arbitral
interpretation, it is agreed that the judicial or arbitral body interpreting or construing the same shall
not apply the assumption that the terms hereof shall be more strictly construed against one party by
reason of the rule of construction that an instrument is to be construed more strictly against the party
which itself or through its agents prepared same, it being agreed that the agents of both parties have
equally participated in the preparation of this Agreement.
21. PARTIAL INVALIDITY: If any term or provision of this Agreement is found to be illegal
and/or unenforceable, the remainder of this Agreement shall remain in full force and effect and such
term or provision shall be deemed stricken.
22. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only
Agreement of the parties hereto and correctly sets forth the rights, duties, and obligations of each to
the other as of this date. Any prior agreements, promises, negotiations, or representations not
expressly set forth in this Agreement are of no force or effect. No amendments to this Agreement
shall be binding on either party unless in writing and signed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by
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their respective duly authorized officials the day and year above written
ATTEST:
By:
Walter Foeman
City Clerk
Approved as to form:
By: �AD
Alejandro Vilarello
City Attorney
WITNESSES:
By:
Print Name:
By:
Print Name:
CITY OF MIAMI, a municipal
corporation, of the State of Florida ("City")
Carlos Gimenez
City Manager
Approved as to insurance/bond requirements:
By:
Mario Soldevilla, Administrator
Risk Management
Calle Ocho Celebrity Walk of Fame, Inc.,
a Florida Not -for Profit
Corporation, ("COCWF")
By:
Print Name:
Print Title:
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01 -11 LP 7
TO
FROM
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
The Honorable Mayor and DATE:
Members of the City Commission
SUBJECT:
REFERENCES:
ENCLOSURES:
RECOMMENDATION
FILE:
Authorizing Agreement with
Calle Ocho Celebrity Walk of Fame
Agreement
It is respectfully recommended that the City Commission adopt the attached Resolution
authorizing the City Manager to enter into an agreement between the City of Miami and
"Calle Ocho Celebrity Walk of Fame", for the purpose of honoring entertainment
celebrities residing in South Florida with the installation of "marble stars" on the sidewalk
of SW 8 Street from SW 12 Avenue to SW 27 Avenue.
BACKGROUND
Ms. Carolyn Navarro, president of :Calle Ocho Celebrity Walk of Fame, has requested
permission from the City to construct and install non-standard improvements (marble
stars) within the dedicated public right-of-way in the sidewalk area of SW 8 Street from
SW 12 Avenue to SW 27 Avenue to honor entertainment celebrities, giving preference
to those residing in South Florida.
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Calle8WalkofFame-MEMO