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HomeMy WebLinkAboutR-93-0277J-93-31'7 4/26/93 RESOLUTION NO. 9 3` 277 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH BRANDELL STUDIOS, INC., TO DESIGN AND FABRICATE SCULPTED METAL GATEWAY FEATURES, AS PART OF THE PREVIOUSLY APPROVED NORTHWEST 2ND AVENUE BEAUTIFICATION PROJECT IN THE WYNWOOD COMMUNITY, MIAMI, FLORIDA, TO BE INSTALLED AT THE INTERSECTION OF NORTHWEST 2ND AVENUE AND 36TH STREET AS PART OF AN OVERALL STREET IMPROVEMENT PLAN; FURTHER AUTHORIZING COMPENSATION FOR SAID SERVICES, IN AN AMOUNT NOT TO EXCEED $10,000.00, FROM PREVIOUSLY ALLOCATED 17TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, FOR THE PERIOD COMMENCING UPON EXECUTION OF THE PROFESSIONAL SERVICES AGREEMENT AND ENDING UPON COMPLETION OF PROFESSIONAL SERVICES WITHIN THE SPECIFIED TERM OF SAID AGREEMENT. WHEREAS, on May 9, 1991, the City Commission, pursuant to Resolution No. 91-356, allocated $220r677 to fund the beautification of N.W. 2nd Avenue from 29th Street to N.W. 36th Street for the purpose of improving neighborhood pride and geographical definition; and WHEREAS, on December 10, 1992, the City Commission, pursuant to Resolution 92-781, approved the installation of Sculpted Metal Gateway Features at the intersections of N.W. 2nd Avenue and 29th Street and N.W. 2nd Avenue and 36th Street as part of the N.W. 2nd Avenue Street Beautification Project; and IATTACHMENT (S) CONTAINED CITY CONMSSION X=wc; OF MAY13 10 WHEREAS, the Department of Development interviewed a number of professional metal sculptors and determined that Brandell Studios, Inc., was one of two best suited to the task of designing and fabricating the necessary Gateway Features and was thus selected; and WHEREAS, the City Manager recommends implementation of the plan proposed by the Department of Development; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDAt Section 1. The recitals and findings set forth in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized to enter into a professional services agreement, in substantially the attached form, with Brandell Studios, Inc., to design and fabricate sculpted metal gateway features, as part of the previously approved Northwest 2nd Avenue Beautification Project in the Wynwood Community, Miami, Florida, with compensation for said services, in an amount not to exceed $10,000.00, being hereby authorized from previously allocated 17th Year Community Development Block Grant Funds, for the period commencing upon execution of the professional services agreement and ending upon completion of professional services within the specified term of the agreement. Section 3. This Resolution shall become immediately upon its adoption. -2- PASSED AND ADOPTED this 13th c BUDGETARY REVIEW AND APPROVAL: FINANCIAL REVIEW AND APPROVAL: MANO SURANA, DIRECTOR CAR GARCIA, DIRECTOR COMMUNITY DEVEL4�NTREVIEW AND APPROVAL: D PREPARED AND APPROVED BY: ALBERTINE B. SMITH GRIEF ASSISTANT CITY ATTORNEY A'BS:csk-.3578 3 CITY ATTC;iMY This Agreement entered into this day of _ �► s 1993, by and between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as "CITY", and Brandell Studios, Inc., hereinafter referred to as "CONSULTANT". $ E C I T A LS WHEREAS, the City Commission adopted on May 9th, 1991, Resolution 91-365, allocating $ 220,677 to fund the beautification of N.W. 2nd Avenue from N.W. 29th street to N.W. 36th street for the purpose of improving neighborhood pride and = geographical definition, hereinafter referred to as the PROJECT; - and WHEREAS, the local community groups, including the Wynwood Economic Development Corporation, have approved the beautification design concepts proposed by the Department of Development; and - WHEREAS, the City Commission adopted on December 10, 1992, Resolution 92-781, approving the installation of Gateway Features as part of the design elements for the Wynwood N.W. 2nd Avenue Beautification Project; and WHEREAS► the CONSULTANT has the necessary professional qualifications required to assist the City of Miami with the design and fabrication of these Gateway Features; REVIEW, PLEASE MEW;I V AS n 1" ?A 46 NOW THEREFORE, in consideration of the mutual covenants and obligations herein contained, and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree as follows: I TERM: The term of this Agreement shall be from May 5, 1993 through June 19, 1993. CONSULTANT'S services under this agreement shall include: A) The CONSULTANT shall be under the supervision of Jack Luft, Development Coordinator for the Department of Development. B) The CONSULTANT shall undertake and be responsible for the accomplishment of the following activities: 1. Preparation of construction drawings suitable for use by the selected contractor of the project to install said Gateway Sculptures. 2. Fabrication of these Sculpted Metal Gateway Features according to the drawings and the specifications approved by the project representative. 3. Supervision of the installation of the Gateway Sculptures by the project contractor to ensure the artistic integrity and proper location of the Sculptures. 2 -7 93. 2 0 8) The CITY agrees to supply the following: 1. All plans, written material, and public documents describing the project and its public purpose objectives. 2. All base maps, surveys and aerial photographs. 3. The time, as required, of the project coordinator to assist in project plan and design conceptualization. C) The CONSULTANT shall provide its own office and work space. T11, MAXIMUM COMPFNSATION1.METHOQ OF PAYMENT A. CITY shall pay CONSULTANT as maximum compensation ..for the services required pursuant to Article II hereof Ten Thousand dollars ($10,000.00) B. Such compensation shall be paid- on the following basis upon approval of the contract by both parties: 1. 50% ( $5,000.00 ) Upon execution of the Agreement 2. 50% ( $5,000.00 ) Upon completion and delivery of the final plans and specifications documents. IV, COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS Both parties shall comply with all applicable laws, ordinances and codes of Federal, State and Local Governments. V. GENERAL CONDITIONS: A) All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service or by registered mail addressed to the party at the address indicated herein or as the same maybe changed from time to time. Such notice shall be deemed given on the day on which personally served; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CONSULTANT: CITY OF MIAMIe_ BRANDELL STUDIOS, INC. DEPARTMENT OF DEVELOPMENT 1718 BAY ROAD DUPONT PLAZA CENTER 300 BISCAYNE BLVD. WAY MIAMI BEACH FLORIDA 33139 SUITE #400 MIAMI, FLORIDA 33131 (305) 531-3499 (305) 579-3366 B) Title and paragraph headings are for convenient reference and are not a part of this Agreement. C) In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms of this Agreement shall rule. D) No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. E) Should any provisions, paragraphs, sentences, words or phrases contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City 4 of Miami, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. 04W*11.114041*41100 •.• •i !v. ►M All documents developed by CONSULTANT under this Agreement shall be delivered to CITY by said CONSULTANT upon completion.of the services required t� qu pursuant to II hereof and shall become the property of CITY, without restriction or limitation on its use, provided however, CITY shall not reuse such documents for projects, sites or purposes other than the Wynwood Street Beautification PROJECT, without providing compensation to CONSULTANT in such amount as the CONSULTANT and CITY shall mutually agree. CONSULTANT agrees that all documents maintained and generated pursuant to this contractual relationship between CITY and CONSULTANT shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any information, writings, maps, contract documents, reports or any other matter whatsoever which is given by CITY to CONSULTANT pursuant to this Agreement shall at all times remain the property of CITY and shall not be used by CONSULTANT for any other purpose whatsoever without the written consent of CITY. 93- 2'77 5 .r C VII, NONDELEGAf3 T-• A"gt fhe obligations undertaken by CONSULTANT pursuant to this Agreement shall not be delegated or assigned to any other person or firm unless CITY shall first consent in writing to the performance or assignment of such service or any part thereof by another person or firm. VIII. AUDIT. RIGHTS V' CITY reserves the right to audit the records of CONSULTANT h at any time during the performance of this Agreement and for a period of one year after final payment is made under this Agreement. TX AWARD OF AGREEMENT : CONSULTANT warrants that it has not employed or retained any person employed by CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by CITY any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. X. CONSTRUCTION OF AGREEMENT: This Agreement shall be construed and enforced according to the laws of the State of Florida. — X1 SUCCESSORS AND ASSIGNS: k In consideration of the sum of Teri and no/100 dollars ($10.00) paid by CITY to CONSULTANT as specific, independent and separate consideration, CONSULTANT shall indemnify and save CITY, its officials, employees, agents, and authorized representatives harmless from any and all claims, liabilities, losses and causes of action, including reasonable attorney's fees and court costs, in contract or in tort, in law or in equity, which may arise out of consultant's negligent performance of this Agreement, as determined pursuant to a final non -appealable order of a court of competent jurisdiction, unless such negligent performance is caused in whole or in part by an official, employee, agent or authorized representative of CITY. CITY shall notify CONSULTANT in writing immediately upon receiving notice of any matters for which this indemnification provision may be applicable. G •. •o %W44M 4 Z 0 4; A. CONSULTANT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect, with CITY. CONSULTANT further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interests on the part of the CONSULTANT its employees, must be disclosed in writing to the CITY. 93— 277 7 S. CONSULTANT is aware of the conflict of interest laws of the City of Miami (City of Miami code Chapter 2, Article V), Dade County, Florida (Dade County Code Section 2-11.1) and the State of Florida, and agrees that it will fully comply in all respects with the terms of said laws. CONSULTANT and its employees and agents shall be deemed to be independent contractors, and not agents or employees of CITY, and shall not attain any rights or benefits under the Civil service or Pension ordinances of the CITY, or any rights generally afforded classified or unclassified employees; further its employees and agents shall not be deemed entitled to the Florida Worker's Compensation benefits as an employee of the CITY. 1 :v. �: •� • •� �: h� CITY retains the right to terminate this Agreement at any me prior o the completion of the services required pursuant to �e hereof without penalty to CITY. In that event, notice of termination of this Agreement shall be in writing to CONSULTANT who shall be paid for expenses incurred prior to the date of the receipt of the notice of termination. In no case, however, will CITY pay CONSULTANT an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between CITY and CONSULTANT that any payments made in accordance with this Section to CONSULTANT shall be made only if said CONSULTANT is not in default under the terms of this Agreement. If CONSULTANT is in 8 93- 277 s default, the CITY shall in no way be obligated and shall not pay to CONSULTANT any sum whatsoever. XVI. NONDISCRIMINATION:_. The CONSULTANT agrees that it shall not discriminate as to race, sex, color, creed, or national origin, in connection with its performance under this Agreement. �LVI_I. MINORITY PROCUREMENT COMPLIANCE: CONSULTANT acknowledges that it has been furnished a copy of Ordinance No. 10538 the Minority Procurement Ordinance of the City of Miami, and agrees to comply with all applicable substantive and procedural provisions therein, including any amendments thereto. XVIII. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack of funds, or authorization, reduction of funds and/or change in regulations. XIX. DEFAULT PROVISION: In the event that CONSULTANT shall fail to comply with each and every term and condition of this Agreement or fails to perform any of the terms and conditions contained herein, then CITY, at its sole option, upon written notice to CONSULTANT may cancel and terminate this Agreement, and all payments, advances, or other compensation paid to CONSULTANT by CITY while CONSULTANT in default of the provisions herein contained, shall be forthwith returned to CITY. E 93- 277 i This instrument and its attachments constitute the sole and only Agreement of the parties hereto relating to said grant and correctly set north the rights, duties, and obligations of each to the other as of its 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. 93- 10 lW WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized this day and year first above written, ATTEST: MATTY HIRAI CITY CLERK ATTEST: CORPORATE SECRETARY APPROVED AS TO INSURANCE REQUIREMENTS: Insurance Manager CITY OF MIAMI, a municipal Corpora- tion of the State of Florida By: CESAR H. ODIO CITY MANAGER CONSULTANT: BP.ANDELL STUDIOS, INC PRESIDENT 11 SEAL APPROVED AS TO FORM AND CORRECTNESS: A. QUINN JONES C City Attorney .k j'. 7ti 93- WHEREAS, BHANDELL STUDIOS, INC.desires to enter into a Professional Services Agreement with the City of Miami; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the By -Laws of the corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that the president and secretary are hereby authorized and instructed to enter into a contract in the name and on behalf of this corporation with the City of Miami upon the terms contained ' in the proposed contract to which this resolution is attached. - DATED this SECRETARY ( SEAL) CITY OF MIAMI, FLOAIDA IN"CMOFFICE MMOgANDUM Honorable Mayor and Members �! �. ro : of the City Commission DATE : LOo ' Professional services P66dio sua,ECT . AgreementsCesa For May 13, 1993 E FROM: City Manager REFERENCES : Commission Meeting ENCLOSURES: ` It is respectfully recommended that the City Commission adopt the attached Resolution Authorizing the City Manager to enter into a professional services agreement, in substantially the attached form, with Brandell Studios, Inc., to design and fabricate sculpted metal gateway features, as part of the previously approved Northwest 2nd Avenue Beautification Project in the Wynwood Community, Miami, Florida, further authorizing compensation from previously allocated 17th year Community Development Block Grant Funds, for services not to exceed an amount of $10,000.00. The Department of Development recommends that the City Commission approve the authorization of the City Manager to enter into this professional services agreement in order to expedite the implementation of this project. These sculpted metal gateway features have been approved in form and design by the local community groups and the City Administration and are part of an overall Street Beautification Program for Northwest 2nd Avenue. The Department of Development interviewed a number of Metal Sculpters and selected two gentlemen from the Bakehouse Arts Complex in Wynwood with the appropriate skills and talents. Funding for this entire project comes from previously allocated 17th year CDBG monies. These sculpters will also be required to supervise the installation of the Gateways in order to insure artistic integrity. 4 r.: