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HomeMy Public PortalAbout2004-49 Agreement with Cesar Trasobares for Consultant ServicesRESOLUTION NO. 2004-49 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH CESAR TRASOBARES FOR CONSULTANT SERVICES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of Key Biscayne ( the "Village") desires to employ the services of Cesar Trasobares (the "Consultant) for the purpose of performing certain professional services for the Village's Art in Public Places Program as specifically described in Exhibit "A" to the attached agreement. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the Village Manager is hereby authorized to execute the attached agreement, on behalf of the Village, with Cesar Trasobares for professional services related to the Village's Art in Public Places Program. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 9th day of November , 2004. 4X Cte4f,t4.--2. MAYOR ROBERT OLDAKOWSKI CHITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO F • RM AND LEGAL SUFFICIE VILLAGE ` TTO VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 1st day of October, 2004, by and between the VILLAGE OF KEY BISCAYNE (the "VILLAGE") and CESAR TRASOBARES, (the "CONSULTANT"). RECITALS: The VILLAGE wants 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 $1,250.00 per month, for a total fee of Fifteen Thousand ($15,000.00) 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, 2004 and shall end on September 30, 2005, 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. 2 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 3 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: With a copy to: Consultant: Jacqueline Menendez Village Manager Village of Key Biscayne 88 West McIntyre Street Key Biscayne, FL 33149 David M. Wolpin, Esq. Village Attorney Weiss Serota Helfman Pastoriza Guedes Cole & Boniske, P.A. 2665 South Bayshore Drive, Suite 420 Miami, Florida 33133 Cesar Trasob res to4' /0t sy t707 min -NI r 04- , 33131 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: VILLAGE: CESAR TRASOBARES By: Cesar Trasobares VILLAGE OF KEY BISCAYNE 88 West McIntyre Street Key Bi g ne, FL 3 B Jac me Menen Village Manager Attes Approved as to Form and Legal Sufficiency: 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: 1. complete the Art in Public Places Master Plan. This task includes all work required to obtain approval of the Master Plan by the Village Council. 2. complete all work associated with the approval of the artwork for the Community Center including but not limited to the installation and acceptance by the Village Council. 3. initiate and complete all work associated with the approval of the artwork for the Village Hall and Fire Station including but not limited to the installation and acceptance by the Village Council. 4. create and execute the implementation of the loan program with one (1) exhibition. 5. provide technical assistance in the implementation of artwork in the plazas that will result from the improvements as set forth in the Crandon Boulevard Master Plan. 6. create and execute three (3) artistic/educational activities. F./103.001/Agreements/New Agreement for professional services with Carlos Trasobares 10.27.04