99-23260 RESO
RESOLUTION NO. 99-23260
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING, BY 517THS VOTE, A
WAIVER OF FORMAL COMPETITIVE BIDDING, AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH FLORIDA INTERNATIONAL
UNIVERSITY (FlU) IN THE AMOUNT OF TWEL VE THOUSAND
DOLLARS ($12,000.00), FOR THE DESIGN AND CONSTRUCTION OF A
LIFEGUARD STATION.
WHEREAS, in early 1998, Florida International University (FlU) contacted the City's
Property Management Division to see if the design and engineering of a lifeguard station for the City
could be used as a class project for its School of Architecture; and
WHEREAS, the City's Property Management Division and Beach Patrol provided detailed
specifications and design criteria for a similar request in 1997 from the University of Florida, and
these specifications and related information were also forwarded to FlU to assist in the class project;
and
WHEREAS, following an extensive student design/development competition that resulted
in the selection of a lifeguard station design deemed suitable for construction; and
WHEREAS, based on this extremely beneficial educational experience, Mr. Jamie Canaves
AlA, Associate Dean for the School of Architecture, requested the that the students be allowed to
actually build the selected design for use by the City's Beach Patrol; and
WHEREAS, FlU was provided the construction criteria required and was requested to
provide a scope of work and a letter of proposal to be used in the development of a contract for the
professional services; and
WHEREAS, this scope of services was then developed and included in the attached
Professional Services Agreement between the City and FlU for the design and construction of the
lifeguard station; and
WHEREAS, the design and construction of the lifeguard station by the
architectural/engineering students at FlU is a very unique service that will provide a valuable hands-
on project for the students and will provide a well designed, fully inspected lifeguard stand for the
City, at a lump sum cost of$12,000; and
WHEREAS, in accordance with City Code Chapter 31 A, Section 10 (e), the Mayor and City
Commission, upon written recommendation of the City Manager, may, by Resolution adopted by
a five-sevenths vote, waive competitive bidding when such waiver is found to be in the best
interest of the City.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission approve, by 5/7ths vote, a waiver of formal competitive bidding, and authorize the
Mayor and City Clerk to execute a Professional Services Agreement with Florida International
University, in the amount of twelve thousand dollars ($12,000), for the design and construction of
a Lifeguard station.
PASSED and ADOPTED this 21th day of July, 1999.
'Ii
MA OR
ATTEST:
f~} fOvt~
CITY CLERK
APPROVED J.S TO
FORfA & LANGUAGE
& FOR EXECUTION
T:\AGENDA \ 1999\JUL2199\REGULAR\L1FEGU-l.RES
~-~
CITY OF MIAMI BEACH
CllY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fI.us
~
COMMISSION MEMORANDUM NO. 55 q -79
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
Sergio Rodriguez 11 { I ( /
City Manager l/f'>-"
DATE: July 21,1999
FROM:
SUBJECT:
A Resolution of the Mayor and City Commission of the City of Miami Beach,
Florida, Authorizing, by 5/7ths Vote, A Waiver of Formal Competitive Bidding
for the Award of a Contract to Florida International University (FlU) in the
Amount of Twelve Thousand Dollars ($12,000.00) for the Design and
Construction of a Lifeguard Station.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
FUNDING:
$12,000
Funds are available from Beach Patrol Division Account Number 011.0960.000676.
BACKGROUND:
In early 1998, Florida International University contacted Property Management to see if the design
and engineering of a lifeguard station for the City of Miami Beach could be used as a class project
for their School of Architecture. Property Management and Beach Patrol provided detailed
specifications and design criteria for a similar request in 1997 from the University of Florida; the
specifications and related information were also forwarded to FlU to assist in the class project. The
specifications included specific requirements for design that included all of the features necessary
for the construction of a functioning lifeguard station. It was also stressed that functionality had
absolute priority over aesthetics in the design of the station. Visibility requirements, height
requirements, security from vandalism, the ability for rapid response, the ability to move the station
in the event of a hurricane, and specific cost limitations, were all included in the specifications
provided to the architectural students as design parameters.
At the conclusion of the class, Jaime Canaves AlA, Associate Dean for the School of Architecture,
contacted Property Management and Beach Patrol to set up a review and evaluation of the completed
designs and scale models that the students had produced. A review of all designs was held at the
Tenth Street Auditorium. Each model station was reviewed as to design, functionality, and the
possibility of actual use based on the $12,000 budget per station that Parks and Recreation
Department has budgeted for each lifeguard station replacement. At the conclusion of the review,
Jaime Canaves requested that the students be allowed to actually build the best designed stand for
FUNDING APPROVED
AGENDA ITEM
C7N
DATE~
155
use in Miami Beach, and also requested the specific criteria needed for acceptable construction
standards and requirements needed for Miami Beach lifeguard station projects.
ANALYSIS:
Florida International University was provided the construction criteria required and was requested
to provide a scope of work and a letter of proposal to be used in the development of a contract for
the professional services. The scope of services included the following:
. Working drawings and outline specifications of the lifeguard station.
. Building permit submission and approval by the City of Miarni Beach Building Department.
. Lifeguard station construction at FlU.
. Transportation in sections and assemblage at a site determined by the City of Miami Beach
Beach Patrol and Property Management Department.
. Lump sum total cost not to exceed $12,000.
With the scope of services complete, the City of Miami Beach Legal Department was requested to
draft a Professional Services Agreement between the City and Florida International University for
the design and construction of the lifeguard station to cover any legal or liability issues involved in
the project.
The design and construction of the lifeguard station by the Architectural/Engineering students at
Florida International University will provide a valuable hands-on project for the students and will
provide a well designed, fully inspected lifeguard station for the City.
CONCLUSION:
Adopt the Resolution.
Attachments: ~
~~~FEGOC"'D
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MIAMI BEACH PATROL
FlU SCHOOL OF ARCHlT
PAGE 02
PAGE 02
\
Miami Beach: Lifeguard Tower Design Specifications
The design oflifeguatd tower's functionality and appe3l'3nce are of e:creme impon:an:e to
the wotkins career lifeguard here on Miami Beach.
Functional features allow us to do our job better. A guard in an uncomfortable tower; with
poor seating, limited shade, limited deck Ifea. poor visibility. . . etc., will never perfor:n a!
wen as he would in a well deaisned tower.
The apl'urance of the reeently installed an deco towers (by Bill Lane) has brought a bt of
attention to Miami Beach. Many tourists now enjoy taking picture! with the lifeguard s on
the towers. Although it is imponant to bring playful attention to the beach, it is jUit as
important to maintain the integrity and seriousness of the lifeguard's role.
The lifeguard tOwers are moveable viewing platforms. They must provide the lifeg Jard
with the best possible view of the beach. Allow for minimal. siaht obstructions and
maximum overall height for increased visibility. Also, the towers must be able to provide a
comfortable and safe environment for the lifeguard. Shade, air ventilation, and rain
protection are of ,;eriOWl imponan<:e. During the high seasons, lifeguards need to work
outside of the cab to keep a constant vigilance over the safety of beach goers. Likewise,
consider the importance of the design and function of the frOnt deck area.
Below is a liSt of important functional features which most of the lifesuards agree on
Appearance features are left. to the discretion of the competing designer~, The lifegu,ltds
believe that the best tower desisn$ will look good and work welL
~must be heavy and oriented east/wcst with steel tow eyes on both end:.. A
bulldozer pulls the tower toward and away from the water whenever a hurric ane
threaten! or beach erosion occurs. Skids are spaced 8)-2" apart and are madt~ or
WQod planks that are 4"" lO"x12).
lLndeT'Cflrri.a,e-is secured atop the skids and $holJld be strong enough to
withstw being dragged across the beach. It must support the deck, cab and lOOr
while resisting forees that could topple it over (wind and vandals). The carriage
shouJd be tall enough to allow for a minimal deck height of6'-O". A higher deck; is
prderred for greater visibility, but Structural considerations must be made. 'rhe
underCarriage is typically comprised of (4) 6"x: 0' pOStS that are cross-braced vnth
2"x 6" wOQd.
>>m-should extend Out a minimum or :;' ..0" from the ca.b on. all sides. It :an
have an irregular shape ~ long as the roof has the same shape or all areas are
shaded.
RAlJinR-sbouJd be made of wood or a non~<:onductive material. It should not
exceed 30" in height and does not need to meet the 4" member spacing code
requiremem. Keep railing A! open as possibl~ to maintain optima! visibility ~'he
top of the railing should be about 6" wide to hold binoculars and beverage
containers.
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MIAMI BEACH PATROL
~Iu SCHOOL OF ARCHIT
PAGE 03
PAGE: 03
~hould be built in the front center of the tower, This places the steps in the
afternoon shade all year. Ramps ate no longer used beeause they are slippery and
dangCfOUS. The stairs should be easily removable for when the [ower ne\:as to be
moved.
~ dimensions on the exterior should b. S' -0" long by 0' -0" wide and 7'-3"
tall. It is oriented with the long side facing the beach. The plan does not hav~ to be
reetansulai. Ffee-forms can be conaidered, but avoid odd angles and spaces.
(Note: the. cab is to be placed on a wood deck that is large enough to leave a J ' .0"
wide area all around the cab.)
WI"dowl- should be horizontal sliding with a dark tinted glass. These provid~ the
bat UV protection and visibility. Plexiglas windows are considered inf~rior
hec:ause they don't block 100% of the UV rays and they scratch too easily.
thereby, reduci1lg visibility. The horizontal bands of double hung windolNs create
blind spou. For privacy, the windows should not be lower than 42" from the d,~k.
>>.w--shouJd be in the bacl: of the cab (away from the water) and cent~red
between the two guard scat!. This aI..lo~ a comfortable separation betweeTJ the
suards and places the: blind Spots in the back. Door height should be 6' -8".
~ TInte should be two sears in every tower on the left and right side of the
door. They shouJd be comfo"able enough to sic in aU day.
Seeuritv- The door should lo(k with a dead bolt. Windows should be secured
&om the inside with hinged shutters that have heavy slide bolts.
Li,htnln'2 Drotec:ri~D- The use of metal should be kept to an absolute minimllm.
It used, grounding should be considered.
BR2!-should exl:end out from the cab enough to keep the deck in shade.
TyPically, the overhang is about 3'.0". The roof should be pitched to allow for
stack ventilation. The area of the roof inside the cab can incorporate storage space,
The design of the roof must allow for 6'-6" headroom inSide and outside the cab.
~onsider residual spaces for storage of personal items (beach t.ag,
radio. . . etc.), Areas under seats and within walls and ceiling structure can be U! ed.
Also, provide storage space or area for a 10'-0" paddle board.
Im!t-Simple-closing vents should be placed high in the cab to let the hot air
out.
~Pastels and light colors are best. Dark colors are diS\;ouraged because uey
absorb soler radiation and heat up the tower.
Mobilltv- The tower must be easily transportable on a flatbed. It can b.~ built as
sections that are assembled on the beach.
~-The City of Miami Beach has a budget orSI2,OOO per lifeguard tower. This
includes A labot COst of S9, 000 and a material cost of S3, 000. The students sho lid
visit local nardware stores and choose materials that fall within the $:3,000 budgl:t.
Feel ftee to visit the lifeguard stands and take notes and measurements. If you have any
questions call ve:eran Miami Beach lifeguard Hank Oppenbom at (work) 673-7714 or
(home) 931-21530.
\ .
~JA.1) J~ . M.lI. ~A~~ l--~--..cr-'- ~~.. .
I "".J. .... "':..,
\..r; ", :'~ /0
158
Height :
(MINIMUM)
Skids:
Deck:
Railing:
Roof:
Steps:
Door:
Cabin:
Windows:
Seating:
Shutters:
Vents:
Lifeguard Tower Specifications
Seven feet (7') from deck to sand.
Heavy duty, and well braced, oriented east-west with large tow eye on both
the front and back.
Around the entire cabin, extending a minimum of36".
36" High.
Extend out on all sides to a minimum of36" to match the deck line.
Centered - front.
Centered - rear of tower. Key lock.
Minimum 6' wide x 5' (front - back).
Sliding glass.
Two seats (left and right of doorway) high enough to see over window's bottom
rail.
Lock from inside cabin, minimum clearance 6'8" height when open.
V ents should be located high in the cabin, and and the lifeguard should be able to
close them..
Note: All shutters should lock from the inside with only one door lock to secure from outside.
159
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND FLORIDA INTERNATIONAL UNIVERSITY (FlU)
FOR DESIGN/BUILD SERVICES OF A LIFEGUARD STATION
J'r \.OL
THIS AGREEMENT is made this ~ I day of ~' 1999 by and
between the CITY OF MIAMI BEACH, FLORIDA (City), which term shall include its officials,
successors, legal representatives, and assigns, and FLORIDA INTERNATIONAL UNIVERSITY
(Consultant).
SECTION 1
DEFINITIONS
Agreement:
This written Agreement between the City and the Consultant.
City Manager:
"City Manager" means the Chief Administrative Officer of the City.
Consultant:
For the purposes of this Agreement, Consultant shall be deemed to be
an independent contractor, and not an agent or employee of the City.
Final Acceptance: "Final Acceptance" means notice from the City to the Consultant that the
Consultant's Services are complete, as same are set forth in Section 2 of
this Agreement.
Fixed Fee:
Fixed amount paid to the Consultant to allow for its costs and margin of
profit.
Project
Coordinator:
An individual designated by the City Commission to coordinate, direct
and review on behalf of the City all technical matters involved in the
Services.
Risk Manager:
The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139.
Services:
All services, work and actions by the Consultant performed pursuant to
or undertaken under this Agreement described in Section 2.
Termination:
Termination of Consultant Services as provided in Subsection 11 of this
Agreement.
Task:
A discrete portion of the Services to be accomplished by the Consultant,
as described in Section 2, as directed and authorized by the City.
SECTION 2
SCOPE OF WORK AND SERVICES REQUIRED
The scope of work to be performed by the Consultant is set forth below and more specifically
in Exhibit "A," attached hereto.
Task 1.
Data Collection from City regarding lifeguard stand needs
Task 2.
Preparation of design development drawings for lifeguard
stands
Task 3.
Consultant/City meeting to obtain approval of design
Task 4.
Preparation of construction, drawings, documents for
I ifeguard stands
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Task 5.
Task 6.
City issues building permits/waive fees
Consultant builds lifeguard stand
SECTION 3
COMPENSATION
3.1
FIXED FEE
Consultant shall be compensated for the Services performed herein on a fixed fee basis
of Twelve Thousand and 00/100 Dollars ($12,000), for providing the Services as set forth in
Section 2, and more specifically, in the attached Exhibit "A", to be paid as follows:
3.2
Sub-total for Tasks 1 - 5
Sub-total for Task 6
TOTAL
METHOD OF PAYMENT
$2,500
$9.500
$12,000
Payment shall be made monthly to the Consultant pursuant to invoices or other
submissions by the Consultant which detail or represent the completion of those phases of the
Services, as set forth in Section 3.1 and Exhibit "A".
Specific milestones shall include the submission of an invoice documenting the
completion of the proportion of the Services performed in each phase of the work. All
submissions shall contain a statement that the items set forth therein are true and correct and
in accordance with the Agreement. Payments shall be made within thirty (30) days of
submission of the invoice or report to the City.
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4.1
SECTION 4
GENERAL PROVISIONS
RESPONSIBILITY OF THE CONSULTANT
With respect to the performance of the Services, the Consultant shall exercise that
degree of skill, care, efficiency and diligence normally exercised by recognized professionals
with respect to the performance of comparable Services. In its performance of the Services,
the Consultant shall comply with all applicable laws and ordinances, including but not limited
to, applicable regulations of the City, County, State, Federal Government, ADA, EEO
Regulations and Guidelines.
4.2
PUBLIC ENTITY CRIMES
State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida
Statute on Public Entity Crimes as available with the office of the City Clerk, shall be filed by
Consultant.
4.3
PROIECT MANAGEMENT
The Consultant shall appoint a qualified individual acceptable to the City to serve as
Project Manager for the Services who shall be fully responsible for the day-to-day activities
under this Agreement and who shall serve as the primary contact for the City's Project
Coordinator.
DURATION AND EXTENT OF AGREEMENT
The term of this Agreement shall be for a period of sixty (60) days from the date of
execution of this Agreement. Provided, however, that as to any additional services requested
4.4
by the City within such sixty (60) day period, such services may be completed beyond such
-4-
sixty (60) day period, as mutually agreed to In writing by the parties, pnor to their
com men cement.
4.5
TIME OF COMPLETION
The Services to be rendered by the Consultant shall be commenced upon receipt of a
written Notice to Proceed from the City subsequent to the execution of this Agreement, and
Consultant shall adhere to the completion schedule as referenced by Exhibit "A" hereto.
A reasonable extension of time shall be granted in the event the work of the Consultant
is delayed or prevented by the City or by any circumstances beyond the reasonable control
of the Consultant, including weather conditions or acts of God which render performance of
the Consultant's duties impracticable.
4.6
NOTICE TO PROCEED
Unless directed by the City otherwise, the Consultant shall proceed with work on the
Services only upon issuance of a Notice to Proceed by the City.
4.7
OWNERSHIP OF DOCUMENTS AND EQUIPMENT
All documents prepared by the Consultant pursuant to this Agreement are related
exclusively to the Services described herein, and are intended or represented for ownership
by the City. Any reuse by Consultant or the parties shall be approved in writing by the City.
INDEMNIFICATION
To the extent and the limitations set forth in Section 768.28 of the Florida Statutes,
Consultant shall be responsible for the negligent acts of its officers, employees and agents.
The Consultant's obligation under this Subsection shall not include the obligation to
be responsible for the City of Miami Beach and its officers, employees and agents, from and
4.8
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against any actions or claims which arise or are alleged to have arisen from negligent acts or
omissions or other wrongful conduct of the City and its officers, employees and agents. The
parties each agree to give the other party prompt notice of any claim coming to its knowledge
that in any way directly or indirectly affects the other party. Nothing contained herein shall
affect the sovereign immunity of the parties to this Agreement.
4.9
INSURANCE REQUIREMENTS
The Consultant is self-insured under the Florida Risk Management Fund created
pursuant to Section 768.28 of the Florida Statutes.
4.9.1 Certificates
Unless directed by the City otherwise, the Consultant shall not commence the Services
until the City has received and approved, in writing, a certificate of insurance showing that the
requirement of this Subsection (in its entirety) has been met and provided for.
4.10 FINAL ACCEPTANCE
When the Services have been completed, the Consultant shall so advise the City in
writing. Final Acceptance shall not constitute a waiver or abandonment of any rights or
remedies available to the City under any other Section of this Agreement.
4.11
4.11.1
TERMINATION. SUSPENSION AND SANCTIONS
Termination for Cause
If through any cause within the reasonable control of the Consultant, the Consultant
shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements,
or stipulations material to this Agreement, the City shall thereupon have the right to terminate
the Services then remaining to be performed. Prior to exercising its option to terminate for
-6-
cause, the City shall notify the Consultant of its violation of the particular terms of this
Agreement and shall grant Consultant ten (10) days to cure such default. If such default
remains uncured after (10) days, the City, upon seven (7) days notice to Consultant, may
terminate this Agreement.
In that event, all finished and unfinished documents, data, studies, surveys, drawings,
maps, models, photographs, reports and other work products prepared by the Consultant and
its subcontractors shall be properly delivered to the City and the City shall compensate the
Consultant in accordance with Section 3 for all Services satisfactorily performed by the
Consultant prior the date of the Notice of Termination.
Notwithstanding the above, the Consultant shall not be relieved of liability to the City
for damages sustained by the City by virtue of any breach of the Agreement by the Consultant
and the City may reasonably withhold payments to the Consultant for the purposes of set-off
until such time as the exact amount of damages due the City from the Consultant is
determined.
4.11.2 Termination for Convenience of City
The City may, for its convenience and without cause, terminate the Services then
remaining to be performed at any time by giving written notice to Consultant of such
termination, which shall become effective seven (7) days following receipt by Consultant of
the written termination notice. In that event, all finished or unfinished documents and other
materials as described in Section 2 and Exhibit "A" shall be properly delivered to the City. If
the Agreement is terminated by the City as provided in this Subsection, the City shall
compensate the Consultant for all Services satisfactorily performed by the Consultant and
-7-
reasonable direct costs of Consultant for assembling and delivering to City all documents.
Such payment shall be the total extent of the City's liability to the Consultant upon a
Termination for Convenience, as provided for in this Subsection.
4.11.3
Termination for Insolvency
The City also reserves the right to terminate the remaining Services to be performed in
the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an
assignment for the benefit of creditors. In such event, the right and obligations for the parties
shall be the same as provided for in Section 4.11.2.
4.11.4
Sanctions for Noncompliance with Nondiscrimination Provisions
In the event of the Consultant's noncompliance with the nondiscrimination provisions
of this Agreement, the City shall impose such sanctions as the City or the State of Florida may
determine to be appropriate, including but not limited to, withholding of payments to the
Consultant under the Agreement until the Consultant complies and/or cancellation,
termination or suspension of the Services. In the event the City cancels or terminates the
Services pursuant to this Subsection the rights and obligations of the parties shall be the same
as provided in Section 4.11.2.
4.11.5 Changes and Additions
Each such change shall be directed by a written Notice signed by the duly authorized
representatives of the Consultant. Said Notices shall provide an equitable adjustment in the
time of performance, a reallocation of the task budget and, if applicable, any provision of this
Agreement which is affected by said Notice. The City shall not reimburse the Consultant for
the cost of preparing Agreement change documents, written Notices to Proceed, or other
-8-
documentation in this regard.
4.12 ASSIGNMENT. TRANSFER OR SUBCONTRACTING
The Consultant shall not subcontract, assign, or transfer any work under this Agreement
without the prior written consent of the City.
4.13 SUB-CONSULTANTS
The Consultant shall be liable for the Consultant's serVices, responsibilities and
liabilities under this Agreement and the services, responsibilities and liabilities of sub-
consultants, and any other person or entity acting under the direction or control of the
Consultant. When the term "Consultant" is used in this Agreement, it shall also be deemed
to include any sub-consultants and any other person or entity acting under the direction or
control of Consultant.
4.14 EQUAL EMPLOYMENT OPPORTUNITY
In connection with the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicant for employment because of race, color,
religion, ancestry, sex, age, national origin, place of birth, marital status, or physical handicap.
The Consultant shall take affirmative action to ensure that applicants are employed and that
employees are treated during their employment without regard to their race, color, religion,
ancestry, sex, age, national origin, place of birth, marital status, disability, or sexual
orientation. Such action shall include, but not be limited to the following: employment,
upgrading, demotion, or termination; recruitment or recruitment advertising; layoff or
termination; rates of pay, or other forms of compensation; and selection for training, including
apprenticeship.
-9-
4.15 CONFLICT OF INTEREST
The Consultant agrees to adhere to and be governed by the Metropolitan Dade County
Conflict of Interest Ordinance (No. 72-82), as amended; and by the City of Miami Beach
Charter and Code, which are incorporated by reference herein as if fully set forth herein, in
connection with the Agreement conditions hereunder.
The Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirectly which should conflict in any manner or degree with the
performance of the Services. The Consultant further covenants that in the performance of this
Agreement, no person having any such interest shall knowingly be employed by the
Consultant. No member of or delegate to the Congress of the United States shall be admitted
to any share or part of this Agreement or to any benefits arising therefrom.
4.16 PATENT RIGHTS: COPYRIGHTS: CONFIDENTIAL FINDINGS
Any patentable result arising out of this Agreement, as well as all information, design
specifications, processes, data and findings, shall be made available to the City for public use.
No reports, other documents, articles or devices produced in whole or in part under
this Agreement shall be the subject of any application for copyright or patent by or on behalf
of the Consultant or its employees or subcontractors.
4.17 NOTICES
All communications relating to the day-to-day activities sh.all be exchanged between
the Project Manager appointed by Consultant and the Project Coordinator designated by the
City. The Consultant's Project Manager and the City's Project Coordinator shall be designated
promptly upon commencement of the Services.
-10-
All other notices and communications in writing required or permitted hereunder may
be delivered personally to the representatives of the Consultant and the City listed below or
may be mailed by registered mail, postage prepaid (or airmailed if addressed to an address
outside of the city of dispatch).
Until changed by notice in writing, all such notices and communications shall be addressed
as follows:
TO CONSULTANT:
Florida International University
Attn: Jaime Canaves, Associate Dean
School of Architecture
Miami, Florida 33199
(-) - (305) 348-3031
TO CITY:
City of Miami Beach
Attn: Janet Gavarette, Assistant City Manager
1 700 Convention Center Drive,
Miami Beach, FL 33139
(305) 673-7010
WITH COPIES TO:
Office of the City Attorney
Attn: Murray H. Dubbin, Interim City Attorney
City of Miami Beach
1 700 Convention Center Drive
Miami Beach, Fl 33139
Notices hereunder shall be effective:
If delivered personally, on delivery; if mailed to an address in the city of
dispatch, on the day following the date mailed; and if mailed to an address
outside the city of dispatch on the seventh day following the date mailed.
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4.18 LITIGATION IURISDICTION/VENUE
This Agreement shall be enforceable in Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or
conditions herein exclusive venue for the enforcement of same shall lie in Dade County,
Florida.
4.19 ENTIRETY OF AGREEMENT
This writing and the Services embody the entire Agreement and understanding between
the parties hereto, and there are no other agreements and understandings, oral or written with
reference to the subject matter hereof that are not merged herein and superseded hereby. The
Services and the Proposal Documents are hereby incorporated by reference into this
Agreement.
No alteration, change, or modification of the terms of this Agreement shall be valid
unless amended in writing, signed by both parties hereto, and approved by the City
Commission of the City of Miami Beach.
This Agreement, shall be governed by and construed according to the laws of the State
of Florida.
4.20 LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a
limit on its liability for any cause of action for money damages due to an alleged breach by
the City of this Agreement, so that its liability for any such breach never exceeds the sum of
$12,000. Consultant hereby expresses its willingness to enter into this Agreement with
Consultant's recovery from the City for any damage action for breach of contract to be limited
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to a maximum amount of $12,000, less the amount of all funds actually paid by the City to
Consultant pursuant to this Agreement.
Accordingly, and notwithstanding any other term or condition of this Agreement,
Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an
amount in excess of $12,000, which amount shall be reduced by the amount actually paid by
the City to Consultant pursuant to this Agreement, for any action or claim for breach of
contract arising out of the performance or non-performance of any obligations imposed upon
the City by this Agreement. Nothing contained in this paragraph or elsewhere in this
Agreement is in any way intended to be a waiver of the limitation placed upon the City's
liability as set forth in Section 768.28, Florida Statutes.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first entered above.
FOR CITY:
CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By:
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City Clerk
By:
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Mayor
FOR CONSULTANT:
FLORIDA INTERNATIONAL UNIVERSITY
ATTEST:
By: je-I~ J o.s.~ ~
Secretary
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APPROVED p.S TO
Paul D. Gallagher fORM & LANGUAGE
Sr. Vice President & FOR EXECUTION
Business & Finance
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