HomeMy WebLinkAboutR-93-0173J-93-270
3/11/93
93-- 173
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN A FORD ACCEPTABLE TO
THE CITY ATTORNEY, WITH KIEWIT CONSTRUCTION
GROUP, INC. ("KCG"); ACCEPTING A KCG DONATION
IN THE AMOUNT OF FIFTEEN THOUSAND DOLLARS
($181000) TOWARDS COMPLETION OF THE
CHALLENGER 7 MEMORIAL IN BAYFRONT PARK; AND
ACCEPTING THE OFFER OF KCG FOR PROVISION OF
CONSTRUCTION MANAGEMENT SERVICES FOR THE
COMPLETION OF SAID MEMORIAL.
WHEREAS, Kiewit Construction Group, Inc. has pledged a
donation of Fifteen Thousand Dollars ($18,000) toward completion
of the Challenger 7 Memorial in Bayfront Park; and
WHEREAS, Kiewit Construction Group, Inc. has also offered to
provide construction management services for completion of said
Memorial; and
WHEREAS, Kiewit Construction Group, Inc. will guarantee
completion of said Memorial in conjunction with donations form
the Hispanic American Builders Association and the gift of
Ms. Lamar Louise Curry which were accepted by the City Commission
pursuant to Resolution Nos. 91-773 and 90-776, respectively;
NOW, THEREFORE BE IT RESOLVED BY COMMISSION OF THE CITY OF
XIAMI , FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
CITY COMMSSION
MMETING OF
LIAR 1 11993
R"OW&M I"
93-- 173
Section 2. The City Manager is hereby authorized to
execute an agreement, in a form acceptable to the City Attorney,
with Kiewit Construction Group, Inc. ("KCG") accepting KCG's
donation of Fifteen Thousand Dollars ($18,000) and construction
management services to complete construction of the Challenger 7
Memorial in Bayfront Park.
Section 3. Said Agreement and construction shall adhere
to and comply with the terms of the Gift Agreements, as amended,
between Lamar Louise Curry and the City of Miami.
Section 4. The City of Miami shall not incur expenses or
expend any funds for completion of the Memorial in excess of the
amount available pursuant to the Lamar Louise Curry donation and
the provision of "In -Kind Services" pursuant to Resolution
No. 91-773.
Section 8. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 11th day of March , 1993.
XAVIER L. AREZ, MAYOR
CITY CLERK
-2-
93- 173
PREPARED AND APPROVED BY:
E . MAXWEL
(YEP ASSIST T CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
1109 - }
A , QU JO , I I I
CITY ATTO
JEM/mis/M 31
-3-
93- 1"73
0E-11-l993 15•i3 3@v--?58-t21:
SAYFRONT PARK MANA(iEMEN , TRUST P. 01
March 111, 1993
Ira Marc Katz
Pstecutive Director
Bayfront Park Management Trust
301 N. Bioeayn* Boulevard
Miami, Florida 33132
boar Mr. Kata,
SPECIAL iVENTS
STRATEGIC PLANNING
SPONSORSHIP
MARKETING
Puratiant to our earlier aonvereat.ion, I agree to donate $2000 per
year to tho Mildred and Claude Kopper Fountain in Hayfrant Park for
the tarn of my consulting arrangement on the AT&T amphitheater
sponsorship sgroemant.
Si ely,
i hard 9 ngorman
Submitted into the pubiic
record in connection with
item - _ ong
Matty Hirai
City Clerk
93- 173
5941 NORTH RAY ROAD . MIAMI BEACH, FL 331AQ . (305) 4154-10646
85-�1-1993 lA:29 3®S-3S8-1211 SAYARONT PARK MANAGEMENT MIST P.81
PROU'Bd®1ONAL SNRVICEB AORBBMNNT
Turn AaYtnll aft, hcrainnfter referred to as the
"AafturMITu, ontared into this day of March, 1993 by and
38tween the IJAYPROMT PARK WMAGEMBNT TRUST, hereinafter
4 ii�; err&d to as "ImusT s , and Richard Bingerman, hereinafter
referred to as 11CONSULTANVI9
piTNaaaBTNe
URRRZAB, The TRUBT is authorized to employ individuals
as indepenftnt contractors on m contractual task related basis
in lieu of hiring full-time or part-time employees provided
that such contractual tack relaatod Gorvices are within Lhe
currently adopted budget of tho TRUST: and
WURRBAe, tho TRUST desires to promote the sale of
sponsorship packages for the Mildrad and Claude pepper
Fountain, hereinafter reforrad to as the e/FOUNTAXWO, and for
the: Rayfront park Amphitheater, horeinafter referred to as the
f1AMFXXIrNZATSR" a and
WNZRZ", the t".OMOULTAMT is Knowledgeable and has
experi anra in tho arena of cponcorrahip packages and grant
proposals; and Submitted into the pubac
record in connection with
item N A on 3 • 11- '-71
Page 1 Matty Hirai
City Clerk
93- 03
ran., n4441 i MI+A: ii+. vo'i 1.61
WKRRZAS, the CONDULTAM has been instrumental in the
procurement of a sponnnrahip ngreAmpnt•, hereinafter referred
to as the 916POINGOIGNZP A07RNRKRXTt0 betwoon '"AT&T, and the
TRUST, a copy of which•i• attached horato as Exhibit MA".
NOW TRzazr iRR, in consideration of the asutual covenants
and obligations heroin contained, and subject to they terms and
conditions hereinafter stated, the parties hereto understand
and agree as fo] lows c Submitted into the public
= record in connection with
item __M A___._ on & e 11 '9 ''
2032 Matte Hirai
City Clerk
The, initial term of this Agzreenont shall commence on the
affactivo date of the Sponsorship .Agreement and shall continue
for tha duration of tho five (5) year period following said
commencement date except that should AT&T exercise its right
of tarmination rancher the Sponsorship Agreement, this Agreement
shall automatically terminato on the date of termination of
the Sponsorship Agreement and the TRUST shrill pay OONSULTMM
the compensation duo CONSULT&= for the period to the
effective date of termination pro rated as set forth in
Section 11, paragraph 1, herein, and in addition, TRUST shall
pay CONSULTANT 1SIk of the Termination foe of $100,000 which
AT&T shall pay the city pursuant to the Termination Clause of
tho Sponsorship Agreement. Said initial Term shall be
automatically extended without further action by either party
page 2
ILI
93- 173
83-it-t993 14:38 Re5-338-1211
SAYFRONT PARK MANAGEMENT TRUST P, 83
ON
hereto, for a period equal to the aggregate of the period(*)
of any other agreement (6) by and between AT&T and the Trust or
The city Of Miami, effective immediately upon expiration of
the Sponsorship Agreement pursuant to which AT&T pays Money to
or otherwise sponsors the park, the S�ftdjjh*~Wtb1J9br
or the TA04T. record in connection v7ith
11 item
On
cso�tge���r�: Mat#y Hirai
City Clerk
As compensation for the services rendered to '1'AVS? by
CONSULTINT in the procurement of the Sponsorship Agreement,
TRUST shall pay CONGULTAW. as f0110WSS
1. For the initial term or this Agreement, TRUOT shall
pay CONSULTANT an annual commission Of THIRTY TWO
THOUSAND FIVE HUNDRED DOLLARS ($32,500). rn the
event that this Agreement ,is terminated during its
initial term, the annual commission shall be prorated
as of the data of termination.
2. For any period of extension of this Agreement, TRUST
shall pay CONGUGTAXT an annual commission c< rtainting
of the lesser of THIRTY TWO THOUSAND FIVE HUNDRED
DOLLARS ($32,500) or FIFTEEN PERCENT (154) of the
annual sponsorship amount, thereafter referred to as
the "Annual Sponsorship Amount" received by the TRUST
from AT&T pursuant to any agreement by and between
AT&T and the TRUeT or the city effective immediately
upon the expiration of the Sponsorship Agreement.
Page 3
93- 173
8@3-356-f211
BAYFRONT PARK MANAGEM Nr TRUST
$3-1f-f993 fw:�0
commission payment shall be made within seven (7) days of
receipt by the TRUST of the Annual Sponsorship Amount.
In the event that AT&T pays the Annual Spon®orship Amount in
installments, CONSULTMMOM commission payments shall be
prorated accordingly and shall be made within seven (7) days
Of rMCfoIpt by the TRUBT of each installment payment. For
example, if AT&T payee the Annual Sponsorship Amount in monthly
installments, CONOULTAM shell be paid monthly an amount equal
to one twelfths (1/ 12) of the lesser of $ 32 , 500 or if the
installment payments are made during a period of extension of
this Agreement, fifteen percent (15t) of the Annual
Sponsorship Amount. CONSULTANT shall be reuponsible for
payment of any monies dale to the Internal Revenue Sorvice on
account of the uummission paymeentc received pursuant to the
Agreement.
III
COUIM93 WZTa FEDEW%,, OUTs KND ZaC&L1.3►Ns s
both parties shall comply with all appl.ic:ab) a laws,
ordinances, and codes of fodoral, state, and local
governments.
IV
2DLTQA,TZZQNB Or CONSULTANi,
Any consulting servicets cont;ractad for by the COINaULTl1NM in
order to procure the Spoftiaorship A reomant shall be the
bubmitted into
- responsibility of tho CONSULTANT and the TRUST herebT%aq
no obligations fdr such cervices. record in connection with
item ...
Page 4 on
Matti Hirai
CRY Clerk
93- 173
14z3l 305-359-1291
SAYPRONT PARK MANAGEMENT TRUST
p,gt
V
MUM
A. All notice* or other communications which shall or Say
to given pursuant to this Agreement shall be in writing
and shall be delivered by personal service, or by
registered mail addressed to the other party at the
a+ddress indicated herein or an the same may be changed
from time to time. Such notico chall be deemed given an
the day on which personally served; or, if by mail, on
the firth day after being posted or the date of actual
receipt, whichaver is earlier.
IMMIX MAIMUM
Ira Marc Data Richard F. Singerman
Executive Director S941 North Day Road
301 N. Biscayne Blvd. Miami Beach, Florida
Miami, Florida 33132 33140
a. Title and paragraph headings are for convenient
reference and are not a part of this Agreement.
C. In the event of conflict between tho terms of this
Agreement and any terms or conditions contained in any
documents attached hereto, the terms in this Agreement
shall rule. Submitted into the public
record in connection with
Raga item NA on-A�� Matty Hirai
City Clerk
93- 173
- ------------- -
04-11"tvvd 1q:3[ 3e5-359-1211 SAYFRONT PARK HANAGEMENT TRUST p,R
ts. No waiver or breach of sny provision of thin Agreement
shall constitute a waiver of any subsequent breach of
the sans or any other provision hareaf, and no waiver
shall be effective unIOSS made in writing.
�. Should any provisions, paragraphs, sentences, WOrdaa or
phrases contained in this Agreement be determined by a
court of competent jurisdiction to be invalid, illegal
or otherwise unenforceable under the law* of the
State of florida or the City of Miami, such
provisions, paragraphs, sentences, words or nbrasess
shall be deemed modified to the extent necessary in
order to conform with such laws, then cams shall be
deemed severable, and In dither event, the retraining
terms and provisions of this Agreement shall remain
unmWifiesd and in full force and effects
VI
OMEM)INTAL
All documents developed by CONSULTANT under this haRNEXENT
shall be delivered to TRUST by said CONSULTPAT and shall
became the property of TRUBT, without restriction or
limitation on their use. CONBULTANT agrees that all documents
maintained and generated pursuant to this contractual
relationship between TRUST and CONSULTANT shall be subject to
all provisions of the Public Records Law, Chapter 119, Florida
Statutes.
Submitted into the public
record in connection with
Page 6 item N A on :3-It - 9
Matty Hirai
City Clerk
93-- 173
t33- t 1^ i 94 14732 PAYPRONT PARK MANAGEMENT TRUST P- d3
VII
9MUNTLO Gr AAnz Mc
This Agreement shall be construed and enforced according to
the laws of the state of Florida and venue shall be in Dads
County, Florid&.
Vill
or Aartmamm s
colfsULTMT warrants that it has .not employed or retained any
person employed by the TsoRT to ,solicit or u*eure this
Agreement and that it has not suffered to pay, paid, or agreed
to pay any person employed by the TRUBT any fee, commission
percentage, brokerage tee, or gift of any kind contingent, upon
or resulting from the award of this Agreement.
Submitted into the public
IX record in connection with
item _9-k____ on . 3.1 ! - gW
9=81e9ms MM ASIXONRL natty Hirai
City Clerk
This Agreement shall be binding upon the parties herein, their
heirs, executors, legal representatives, successors, and
assigns.
X
�'P'DYliQATiOIt!
CONSULTANT sha41 indemnify and save the TRUST and the city of
Hiami harmless from and against any and all claim$
liabilities, losses and causes of action which may arias out.
Page 7
93- 173
WWI
JCJ"�`Jb"36a a
as►rrcvr4j r•rartn rt ntiut I hub I
Y. 4
,. 7
of C0jIRt?YTMM#g activities in the procuarw1ent of the
Sponsorship Agreement and/or its status► as an independent
contractor, pursuant to section X1 hereof , including all other
acts or omissions to act on the part of CONSULTAW# including
any person acting for or on Its behalf, and, from and against
any orders, judgements, or decrees which may be entered and
from and against all costs, attorn*y's fees, expenses and
liabilities incurred in the detente of any such clailAas, or in
the investigation thereof.
Submitted into the pubAc
record in connection with
xa
item apt A on 3 b ' 3�. .
Matty Hirai
I111D�t»»TT eONT8�C2'QA,3 City Clerk
CONSUi.TMV shall be deemed to be an .independent contractor,
and not an agent or employee of TRUST or the city of Miami,
and shall not attain any rights or benefits under the Civil
Service or Pension Ordinances of the City of Miami, or any
rights generally afforded classified or unclassified employees
of the City of Miami. Furthermore, he shall not be deemed
entitled to the Florida Workers* compensation benefits as an
employe* of TRUST or the, City of Miami..
X11
EMIAs xcasaxalr:
This instrument and its attachments constitute the sole and
only Agreement of the parties hereto rslatisig to said grant
and correctly sets forth the righter, duties, and obligations
Page 8
93— 173
A 710 4 aa tlArt-jxuN s YAt r, MANA( LMENT TRUST
un....a, -�as a-Ja O"t cll
P. 05
Of each to the ether as of its date. Any prior agreements,
promises, naego'tiations, or representations not expressly not
forth in this AGANXRZW are of no force or effect.
X111
Ids aeendwents to this Agreement shall be binding on either
party unless in writing and signed by both parties.
In MITl290 WHURa0!', the purtiee hereto have caused this
instrument to be executad by the respective official thereunto
duly authorized this day and year first above written.
SAYIPRONT PARK MMAGEMENT TRUST
ATTI t
h?s BY:
Ira Kara Cats cbinlain douraiga, Jr.
Executive Director chairperson
Submitted into the public
N=Tep: c+oKst�LTA record in connection with
item h on 3 -.1,1 - 131
__.. Malty Hirai
Riahard F. singerman City Clerk
APPROM AA TO VORX MM APPROVED ,AS TO INSUWWCK
t9RA�CT�T1lB� s REQUIRENENTQ Y
Sys 8Yt
A. Quinn Jame*, XXX aujan chhabra
City Attorney Risk management
Page 9
93- 173