HomeMy WebLinkAboutR-93-0278J-93-318
3/1�/93
RESOLUTION NO. 3 278
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING
THE CITY MANAGER TO ENTER INTO A PROFESSIONAL
SERVICES AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH JEAN CLAUDE RIGAUD, TO
DESIGN AND FABRICATE SCULPTED METAL GATEWAY
FEATURES, AS PART OF THE PREVIOUSLY APPROVED
NORTHWEST 2ND AVENUE BEAUTIFICATION PROJECT
IN TER WYNWOOD COMMUNITY, MIAMI, FLORIDA, TO
BE INSTALLED AT THE INTERSECTION OF NORTHWEST
2ND AVENUE AND 29TH 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. 91-358, allooated $220,677 to fund the
beautifioation of N.W. 2nd Avenue from 29th Street to N.W. 36th
Street for the purpose of improving neighborhood pride and
geographioal definition; and
WHEREAS, on Deoember 10, 1992, the City Commission, pursuant
to Resolution 92-781, approved the installation of Soulpted Metal
Gateway Features at the interseotions 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 Beautifioation Projeot; and
WHEREAS, the Department of Development interviewed a number
of professional metal sculptors and determined that Mr. Jean
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CnT COM OSSION
METING OF
MAY 13 1993
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Claude Rigaud wag one of two hest suited to the task of designing
and fabricating the necessary Gateway Features and was thug
selected; and
WHEREAS, the City Manager recommends implementation of the
plan proposed by the Department of Development;
NOW, THEREFORE, RB IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
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 Jean Claude Rigaud, to design and
fabricate sculpted metal gateway features, as part of the
previously approved Northwest 2nd Avenue Beautifioation Project
in the Wynwood Community, Miami, Florida, to be installed at the
intersection of Northwest 2nd Avenue and 29th Street as part of
an overall Street Improvement Plan, 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
said agreement.
Section 3. This Resolution shall become effective
immediately upon its adoption.
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ATTEST:
MATTY HIRAI, CITY CLERK
BUDGETARY REVIEW AND APPROVAL: FINANCIAL REVIEW AND APPROVAL:
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KANOHJ SURANA, DIRECTOR CARLOS GARCIA, DIRECTOR
COMMUNITY DEVELO NT REVIEW AND APPROVAL:
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FRANK CASTENEDArDIRECTOR
PREPARED AND APPROVED BY:
ALBERTINE B. ,SMITH
CHIEF ASSISTANT'CITY:ATTORNEY.
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This Agreement entered into this day of
1993, by and between the City of Miami, a municipal corporation
of the State of Florida, hereinafter referred to as "CITY", and
Jean Claude Rigaud, hereinafter referred to as "CONSULTANT".
R E C T T A L:
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
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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,
a
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;
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NOW THEIkEFOP.E, 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:
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The term of this Agreement shall be from May 5, 1993 through
July 5, 1993.
XI, SCOPE OF SERVICES:
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.
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b) 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.
1. 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.
TTT MAXIMUM COMPENSATION/METHOD OF PA=ENT
A. CITY shall pay CONSULTANT as maximum compensation for
the services required pursuant to Article II hereof Ten Thousand
dollars ($10,000.00)
e. 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% ( $5,000.00 ) Upon completion and delivery of
the final plans and specifications documents.
IV COMPLIANCE WITH FEDERAL, STATE AN LOCAL• LAWS
Both parties shall comply with all applicable laws,
ordinances and codes of Federal, State and Local Governments.
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S) The CITY agrees to supply the following:
1. All Plana, written material, and public documents
describing the project and its public purpose objectives.
2. All base maps, surveys and aerial photographs.
3. The time, as required, of the project coordinator to
assist in project plan and design conceptualization.
C) The CONSULTANT shall provide its own office and work
space.
A. CITY shall pay CONSULTANT as maximum Compensation for
the services required pursuant to Article II hereof Ten Thousand
dollars ($io,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 .
Both
COMPLIANCE
parties
WITH FEDER L o STATE AND
LOCAL LAWS
all applicable -laws,
shall comply with
ordinances
and codes
of Federal, State and
Local Governments.
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V . agNERAL-CONDITION '
A) All notices or other communications which shall or may 4-
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be given pursuant to this Agreement shall be in writing and shall
be delivered by personal service or by registered mail addressed t
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 MIAMI:
JEAN CLAUDE RIGAUD DEPARTMENT OF DEVELOPMENT
THE BAKEHOUSE ARTS COMPLEX DUPONT PLAZA CENTER
561 N.W. 32ND STREET STUDIO 66 300 BISCAYNE BLVD. WAY
MIAMI -_
FLORIDA 33127 SUITE #400
MIAMI, FLORIDA 33131
(305) 576-6443 (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
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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.
VI. OWNERSHIP OF DOCUMENTS
All documents developed by CONSULTANT under this Agreement
shall be delivered to CITY by said CONSULTANT upon completion of
the services required pursuant to l 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 agzaes 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.
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1 I. NDNDEI.EGAB11& :
. Wto— he 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. V
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VIII. AUDIT RIGHTS:
CITY reserves the right to audit the records of CONSULTANT^
at any time during the performance of this Agreement and for a
period of one year after final payment is made under this
Agreement.
T.X. 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. CONSTRU=JON OF AGREEMENT: -
This Agreement shall be construed and enforced according to
the laws of the State of Florida.
X1. SUCCESSORS AND ASSIGNS:
This Agreement shall be binding upon the parties herein,
their heirs, executors, legal representatives, successors, and
assigns.
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XII. INDEMNIFICATION:
In consideration of the sum of Ten 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.
%III. CONFLICT OF INTEREST:
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.
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g. CONSULTANT is aware of the Conflict of interest lawn of
the City of Miami (City of Miami Code Chapter 2, Article V), made
County, Florida (Dade County Code Section 2Y11.1) and the State
of Florida, and agrees that it will fully comply in all respects
with the terms of said laws.
%IV, INDEPENDENT CONTRACTOR:
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.
XV, TERMINATION OF CONTRACT:
CITY retains the right to terminate this Agreement at any
t1me ALrAor to the completion of the services required pursuant to
`4hereof without penalty to CITY. In that event, v `
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
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, seat, color, creed, or National origin, in connection with
its performance under this Agreement.
XVII. MINORITY PROCUPYMNT 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.
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XX. 9XTIRE AGREEMENT:
This instrument and its attachments constitute the sole and
only Agreement of the parties hereto relating to said grant and
correctly set forth 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.
XXI. AMENDMENTS*
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 ekecuted by their respective officials thereunto
duly authorized this day and year first above written.
CITY OF MIAMI, a municipal Corpora-
tion of the State of Florida
ATTEST:
By:.
MATTY HIRAI
CITY CLERK
APPROVED AS TO INSURANCE
REQUIREMENTS:
Insurance Manager
CESAR H. ODIO
CITY MANAGER
CONSULTANT:
JEAN CLAUDE RIGAUD
SEAL
APPROVED AS TO FORM AND
CORRECTNESS:
A. QUINN JONES
City Attorney
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CITY OF MIAMI, FLORIDA
CA 7
INTER -OFFICE MEMORANDUM
onora a Hay57r and Members
AP : of nth City Commission DATE : Wynwood
To end Av
Professional Services
j SUBJECT : Agreements
i
Ces >3.. -Odio For May 13, 1993
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 Jean Claude Rigaud, 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.
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