HomeMy WebLinkAboutAgreement with Carlos Alves
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AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND ARTIST CARLOS ALVES FOR THE DESIGN, MATERIALS, AND
INSTAllATION OF DECORATIVE MOSAIC TilE IN THE PUBLIC FOUNTAIN AT
LENOX AVENUE & llNCOlN ROAD
THIS AGREEMENT is made and entered into this 14 day of May, 2004, by and
between the CITY OF MIAMI BEACH, FLORIDA (hereinafter referred to as City), having
its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, and
CARLOS ALVES (hereinafter referred to as Contractor), whose address is 1157 SW 6TH
STREET, MIAMI, FL 33130.
SECTION 1
DEFINITIONS
Agreement:
This Agreement between the City and Contractor.
City Manager:
The Chief Administrative Officer of the City..
General Contractor of Record:
For the purposes of this Agreement, the General Contractor of record
shall be deemed to be the Property Management Director.
Contractor:
For the purposes of this Agreement, Contractor shall be deemed to
be an independent contractor, and not an agent or employee of the
City.
Services:
All services, work and actions by the Contractor performed pursuant
to or undertaken under this Agreement, as described in Section 2 and
Exhibit "A" of the Agreement.
Fee:
Amount paid to the Contractor to cover the costs of the Services.
Risk Manager:
The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139, telephone number
(305) 673-7000, Ext. 6435, and fax number (305) 673-7023.
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SECTION 2
SCOPE OF WORK
The scope of work to be performed by Contractor is set forth in Exhibit "A," entitled
lIScope of Service~" (Services).
SECTION 3
COMPENSATION
3.1 FIXED FEE
Contractor shall be compensated for the Services to be provided herein,
pursuant to the payment schedule set forth in Exhibit lIA." In no event shall the
maximum compensation to Contractor exceed the sum of ~ 50.893.35.
3.2 INVOICING
Contractor shall submit an invoice, which includes the purchase order number
and a detailed description of the Services provided.
3.3 METHOD OF PAYMENT
Contractor shall be paid for services satisfactorily performed, in the manner set
forth in the Payment Schedule in Exhibit lIA", attached hereto. Contractor shall submit
all invoices for approval prior to payment disbursement, to:
City of Miami Beach
Property Management
1245 Michigan Avenue
Miami, Florida 33139
SECTION 4
GENERAL PROVISIONS
4.1 PUBLIC ENTITY CRIMES
A State of Florida Form PUR 7068, Sworn Statement under Section
287.133(3)( a) Florida Statute on Public Entity Crimes shall be filed with the City's
Procurement Division, prior to commencement of the Services herein.
4.2 DURATION AND EXTENT OF AGREEMENT
The term of this Agreement shall commence upon execution of this Agreement,
by all parties hereto, and shall terminate on or before Julv 16th, 2004.
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4.3 TIME OF COMPLETION
The Services to be rendered by the Contractor shall be commenced upon
receipt of a written Notice to Proceed from the City, issued subsequent to the
execution of the Agreement by the parties here to, Contractor shall thereafter
adhere to the work schedule, as referenced in Exhibit "A" hereto.
A reasonable extension of time shall be granted in the event the work of
the Contractor is delayed or prevented by the City of by any circumstances
beyond the reasonable control of the Contractor, including weather conditions or
acts of God render performance of the Contractor's services impracticable.
4.4 INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City of Miami Beach
and its officers, employees and agents, from and against any and all actions,
claims, liabilities, losses, and expenses, including, but not limited to, attorneys'
fees, for personal, economic or bodily injury, wrongful death, loss of or damage
to property, at law or in equity, which may arise or be alleged to have arisen from
the negligent acts, errors, omissions or other wrongful conduct of the Contractor,
its employees, agents, sub-consultants, or any other person or entity acting
under Contractor's control, in connection with the Contractor's performance of
the Services pursuant to this Agreement; and to that extent, the Contractor shall
pay all such claims and losses and shall pay all such costs and judgements
which may issue from any lawsuit arising from such claims and losses, and shall
pay all costs and attorneys' fees expended by the City in the defense of such
claims and losses, including appeals. The parties agree that one percent (1 %) of
the total compensation to the Contractor for performance of the Services under
this Agreement is the specific consideration from the City to the Contractor for
the Contractor's Indemnity Agreement.
The Contractor's obligation under this Subsection shall not include the
obligation to indemnify the City of Miami Beach and its officers, employees and
agents, from and 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.
4.5 TERMINATION. SUSPENSION AND SANCTIONS
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4.5.1 Termination for Cause
If the Contractor shall fail to fulfill in a timely manner, or otherwise violate
any of the covenants, agreements, or stipulations material to this Agreement, the City
through its Property Management Director, shall thereupon have the right to terminate
the Services then remaining to be performed. Prior to exercising its option to
terminate for cause, the Property Management Director shall notify the Contractor of
its violation of the particular terms of this Agreement and shall grant Contractor seven
(7) days to cure such default. If such default remains uncured after seven (7) days,
the City, upon three (3) days' notice to Contractor, may terminate this Agreement and
the City shall be fully discharged from any and all liabilities, duties and terms arising
out of/or by virtue of this Agreement.
Notwithstanding the above, the Contractor shall not be relieved of liability
to the City for damages sustained by the City by any breach of the Agreement by the
Consultant. The City, at its sole option and discretion, shall additionally be entitled to
bring any and alllegallequitable actions that it deems to be in its best interest in order
to enforce the City's right and remedies against the defaulting party. The City shall be
entitled to recover all costs of such actions, including reasonable attorneys' fees. To
the extent allowed by law, the defaulting party waives its right to jury trial and its right
to bring permissive counter claims against the City in any such action.
4.5.2 Termination for Convenience of City
THE CITY THROUGH ITS PROPERTY MANAGEMENT DIRECTOR
MAY ALSO, FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE
SERVICES THEN REMAINING TO BE PERFORMED AT ANY TIME DURING THE
TERM HEREOF BY GIVING WRITTEN NOTICE TO CONTRACTOR OF SUCH
TERMINATION, WHICH SHALL BECOME EFFECTIVE FORTY-FIVE (45) DAYS
FOLLOWING RECEIPT BY THE CONTRACTOR OF THE WRITTEN TERMINATION
NOTICE. IN THAT EVENT, ALL FINISHED OR UNFINISHED WORK AND OTHER
MATERIALS, AS DESCRIBED IN SECTION 2 AND IN EXHIBIT "A", SHALL
BECOME PROPERTY OF THE CITY AND SHALL BE PROPERLY ASSEMBLED
AND DELIVERED TO THE CITY AT CONTRACTOR'S SOLE COST AND EXPENSE.
IF THE AGREEMENT IS TERMINATED BY THE CITY AS PROVIDED IN THIS
SUBSECTION, CONTRACTOR SHALL BE PAID FOR ANY SERVICES
SATISFACTORilY PERFORMED, AS DETERMINED BY THE CITY AT ITS
DISCERTION, UP TO THE DATE OF TERMINATION PROVIDED THAT
CONTRACTOR HAS SATISFACTORILY COMPLIED WITH THE REQUIREMENTS
OF THIS SUBSECTION 4.5.2. PERTEINING TO ASSEMBL YI DELIVERY OF
WORK AND MATERIALS TO THE CITY.
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4.5.3 Termination for Insolvency
The City also reserves the right to terminate the remaining Services to be
performed in the event the Contractor 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
4.5.2.
4.5.4 Sanctions for Noncompliance with Nondiscrimination Provisions
In the event of the Contractor'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 Contractor under the Agreement until the
Contractor 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
4.5.2.
4.6 Chanaes and Additions
Changes and additions to the Agreement shall be directed by a written
amendment signed by the duly authorized representatives of the City and Consultant. No
alteration, change, or modification of the terms of this Agreement shall be valid unless
amended in writing, signed by both parties hereto.
4.7 AUDIT AND INSPECTIONS
At any time during normal business hours and as often as the City may
deem necessary, there shall be made available to the City and/or such
representatives as the City may deem to act on its behalf, to audit, examine and
make audits of all contracts, invoices, materials, payrolls, records of personnel,
conditions of employment and other data relating to all matters covered by this
Agreement. Contractor shall maintain any and all records necessary to document
compliance with the provisions of this Agreement.
4.8 ACCESS TO RECORDS
Contractor agrees to allow access during normal business hours to all
financial records to the City and/or such authorized representatives as it may deem
to act on its behalf, and agrees to provide such assistance as may be necessary to
facilitate financial audit by the City or its representatives when deemed necessary to
insure compliance with applicable accounting and financial standards. Contractor
shall allow access during normal business hours to all other records, forms, files, and
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documents which have been generated in performance of this Agreement, to those
personnel as may be designated by the City.
4.9 ASSIGNMENT. TRANSFER OR SUBCONTRACTING
The Contractor shall not subcontract, assign, or transfer any work under
this Agreement without the prior written consent of the Property Management
Director.
4.10 SUB-CONTRACTORS
The Contractor shall be liable for the Contractor's services,
responsibilities and liabilities under this Agreement and the services, responsibilities
and liabilities of sub-contractors, and any other person or entity acting under the
direction or controls of the Contractor. When the term "Contractor" is used in this
Agreement, it shall be deemed to include any sub-contractors and any other person
or entity acting under the direction or control of Contractor. All sub-contractors must
be approved of in writing prior to their engagement by Contractor.
4.11 EQUAL EMPLOYMENT OPPORTUNITY
In connection with the performance of this Agreement, the Contractor
shall not discriminate against any employee or applicant for employment because of
race, color, religion, ancestry, sex, age, and national origin, place of birth, marital
status, or physical handicap. The Contractor 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.
4.12 CONFLICT OF INTEREST
The Contractor agrees to adhere to and be governed by the Metropol itan
Miami-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 Contractor 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 Contractor 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
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Congress of the United States shall be admitted to any share or part of this
Agreement or to any benefits arising there from.
4.13 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 Contractor or its employees or subcontractors.
4.14 NOTICES
All notices and communications in writing required or permitted hereunder may be
delivered personally to the representatives of the Contractor 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 CONTRACTOR:
Carlos Alves
1157 SW 6th Street
Miami, fl 33130
TO CITY:
Property Management Department
Attn: Brad Judd
1245 Michigan Avenue
Miami Beach, Florida 33139
(305) 673-7000 X-2984
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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4.15 LITIGATION JURISDICTIONNENUE
This Agreement shall be enforceable in Miami-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 Miami-Dade County, Florida.
4.16 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 superceded hereby.
4.17 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 the City's 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 $1,000. Contractor 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 to a maximum amount of $1,000.
Accordingly, and notwithstanding any other term or condition of this Agreement,
Contractor hereby agrees that the City shall not be liable to the Contractor for
damages in an amount in excess of $1,000 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.
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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:
ATTEST:
By: _~ r CUe!--
City Clerk
FOR CONSULTANT:
By:
,
CgY/o f *~ - p~ I JMa..f
(TITLE)
Mayor
Carlos Alves
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WITNESS
APPROVED AS TO
FORM & LANGUAGE
. FOR EXECUTION
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88/85/2803 17:05 305325e833
CARLOS ALVES INC
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carlos Alves
1187 SW 8* Street
Miami, PL 33130
308.388.0800, fax.aOS.388.0833
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TO: Oity of Miami Beach
Property Man84emellt
Attn: Brad Judd
lUI: Mosaic Tn. I'ountain (i Lenos ~ LmcolD Boad
Projeci Description:
a) All areas to be tiled using a variety of mosaic techniques
ut111zing conunerclaJ and handmade-glazes tlles.
b) Outside area. of founta.1n to use relief aquatio :fish and marine
life.
c) Bull nose-caps are to be hand painted and pla.ced around both
of the top edges and fllled with color ooord1.n&te mosaic tiles.
d) The top of coping inside wall and floor area. of fountain to be
tiled and grouted with a smooth tlniBh.
e) The inside floor area will gradua.te from dark oolors to lighter
hues toward the edge of the fountain.
TIMBLIlfI::
The work is to take place a.pproximately 3 to 4 weeks,
depending on weather elements, dryin.g and curing times.
Grout colors are to be 1n the blue tones.
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_____08/06/2003 17:05 3053250833
CARLOS AL VES I t-IC
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The grout will be an epoxy grout used deaJ.ing with chlorine
issues, ie. Water.
Carlos Alves cont.
Measurement: 30' Diameter concrete oircle fountaiD
WaI18 are 88" in height
1) OD (outside wall) 196.76 sq.:1t. x $75.00=$14,718.75
8) m ( iDside wall) 190.49 sq.ft. x $45.00= $8,572.05
3) CopiDC (top area) 109.27 sq.ft x $46.00:::$4,927.06
4) JIloor Area (iuide) 615.44 sq.1t.x $45.00= $22,675.50
Payment Schedule:
Deposit / Retainer: $20,000.00
2nd InstaJlm.ent one..half completion of project: $15,000.00
Final payment upon completion: $15,893.36
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