HomeMy Public PortalAbout2005-42 Agreement with Cesar Trasobares re_ Art in Public Places ProgramRESOLUTION NO. 2005-42
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE
VILLAGE OF KEY BISCAYNE AND CESAR TRASOBARES
CONCERNING PROFESSIONAL SERVICES FOR THE
VILLAGE'S ART IN PUBLIC PLACES PROGRAM;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village Council desires to continue to utilize the services of Cesar
Trasobares (the "Consultant") as the Village's consultant for the Village's Art In Public Places
Program; and
WHEREAS, the Village Council finds that approval of the attached Professional Services
Agreement between Consultant and the Village is in the best interest of the Village.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the recitals stated above is hereby adopted
and confirmed.
Section 2. Agreement Approved. That the Agreement for Professional Services
between the Village and Consultant, in substantially the form attached hereto, is hereby approved,
and the Village Manager is authorized to execute the Agreement on behalf of the Village, once
approved by the Village Attorney as to form and legal sufficiency.
Section 3. Implementation. That the Village Manager is hereby authorized to take any
necessary action to implement the purposes of the Agreement and this Resolution.
Section 4. Effective Date. That this Resolution shall be effective immediately upon
adoption hereof.
PASSED AND ADOPTED this 22nd day of November , 2005.
AO cetvi ‘.1 L,4
MAYOR ROBERT OLDAKOWSKI
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CHITA H. ALVAREZ, CMC, VILLAGE
APPROVED AS TO F • RM AND LEGAL S
VILLAGE AT ORNE
103.001/Resolutions/Professonal Services Agreement with Cesar Trasobares 11.14.05
2
VILLAGE OF KEY BISCAYNE
AGREEMENT
FOR
PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into as of the 1st day of October,
2005, by and between the VILLAGE OF KEY BISCAYNE (the "VILLAGE") and
CESAR TRASOBARES, (the "CONSULTANT").
RECITALS:
The VILLAGE wants to continue to engage the CONSULTANT to perform
certain professional services for the VILLAGE's Art In Public Places Program as
specifically described in Exhibit "A" to this Agreement ("Specified Services"),
including both the General Services and Detailed Services described therein. 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
A. The CONSULTANT agrees to provide the Specified Services upon
written request from the Village Manager. CONSULTANT shall provide the
Specified Services as an independent contractor for the VILLAGE.
B. The CONSULTANT recognizes that, unless expressly provided by the
Village Council, only the Village Manager is authorized to commit the expenditure
of Village funds for the implementation of CONSULTANT's recommendations.
2. FEES FOR SERVICES
The CONSULTANT agrees to charge the VILLAGE for the Specified
Services which are provided by CONSULTANT, in accordance with the fee
schedule of $1,300. per month, for a total fee of Fifteen Thousand and Six Hundred
No/100 ($15,600.00) Dollars, plus reasonable and necessary costs (not to exceed a
total of $500.00) as approved by the Village Manager.
3. TERM
The duration of the term of this Agreement shall commence on October 1,
2005 and shall end on September 30, 2006, unless extended by the Village Manager
or earlier terminated pursuant to paragraph 7.
4. RECORDS
The Public Art Master Plan and all original sketches, tracings, drawings,
computations, details, reports, work papers and other documents and plans 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. ASSIGNMENT
This Agreement shall not be assignable by the CONSULTANT.
6. 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.
7. TERMINATION
This Agreement may be terminated by the VILLAGE upon twenty days
written notice with or without cause and by the CONSULTANT upon 30 days
written notice with or without cause. If this Agreement is terminated, the
CONSULTANT shall be paid in accordance with the provisions of Exhibit "A" and
Paragraph 2 above, for all acceptable work performed up to the date of termination.
8. 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.
9. 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. The Village Manager shall act for Village hereunder.
10 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.
11. NOTICES
All notices and communications to the VILLAGE or CONSULTANT shall be
in writing and shall be deemed to have been properly given if transmitted by
registered or certified mail or hand delivery. All notices and communications shall
be effective upon receipt. Notices shall be addressed as follows:
Village:
Jacqueline Menendez
Village Manager
Village of Key Biscayne
88 West McIntyre Street
Key Biscayne, FL 33149
With a copy to:
Consultant:
David M. Wolpin, Esq.
Village Attorney
Weiss Serota Helfman Pastoriza
Cole & Boniske, P.A.
2665 South Bayshore Drive, Suite 420
Miami, Florida 33133
Cesar Trasobares
1045 10th Street, #107
Miami Beach, Florida 33139
12. GOVERNING LAW
This Agreement shall be construed in accordance with the laws of the State of
Florida.
IN WITNESS WHEREOF, the parties hereto have accepted, made and
executed this Agreement upon the terms and conditions above stated on the day and
year first above written.
CONSULTANT:
CESAR TRASOBARES
By:
,a6e-/C
Cesar Trasobares
VILLAGE:
VILLAGE OF KEY BISCAYNE
88 West McIntyre Street
Key Bisca ne, FL 33149
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OR1I
ine enende
i age Manager
Att
Village Clerk
Approved as to Form and Legal Sufficiency:
Village Attorney
EXHIBIT "A"
A. GENERAL SERVICES
1. Assist the Village in the management of the art program, articulation
of program policies and procedures, encouraging educational
programs, strategizing public information efforts and advising on
long term maintenance of the collection.
2. Assist the Village in the development, construction, and installation
of the Community Center artwork.
3. Attend all Art in Public Places Board meetings and applicable Village
Council Meetings and provide technical and administrative support.
a. providing educational activities for Board members to clarify and
express the civic and cultural aspects of the Art in Public Places
philosophy and its roles in the community, including links with
other cultural initiatives.
b. serving as a resource and liaison with artists developing,
fabricating, and installing other artworks in the Village's collection
and other informational materials.
c. producing texts about artworks in the Village's collection and
other informational materials.
4. Provide support to new programs and other artwork commissions
initiated by the Village.
5. Guide the Village in implementing the procedures for proposed
artwork gifts and art on loan to the Village.
B. DETAILED SERVICES
The Consultant shall provide the following detailed services with
completion dates as established by the Art in Public Places Board (the "Board"):
1. Implementation of the Art in Public Places Speaker Series — 3 speakers.
2. Grant preparation as requested by the Board.
3. Administration of the next Art in Public Places "Call for Artists".
4. Liaison to the Sarah Morris Monaco Fountains Project.
5. At Community Room in the Police Department — Historical Photograph
Display.
6. Implementation of an Art Show — minimum 6 local artists. This is a non-
permanent show.
F./103.001/Agreements/November 14, 2005 Agreement with Carlos Trasobares