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.
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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
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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