2001-018RESOLUTION NO. 2001-18
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA APPOINTING THE FIRM
OF ART & CULTURE GROUP, INC. TO PERFORM
PROFESSIONAL ART CONSULTING SERVICES;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED AGREEMENT FOR PROFESSIONAL
SERVICES; AGREEING TO THE NEGOTIATED SCOPE
OF SERVICES AND FEES CONTAINED IN SAID
AGREEMENT; AND, PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The firm of Art & Culture Group, Inc. is hereby appointed to
perform General Art Consulting Services on behalf of the City of Aventura.
Section 2. The City Manager is hereby authorized to execute the attached
agreement for professional services by and between the City and Art & Culture Group,
Inc. and whereby the City agrees to the negotiated scope of services and fees.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Rogers-Libert, who
moved its adoption. The motion was seconded by Commissioner Berger, and upon
being put to a vote, the vote was as follows:
Commissioner Arthur Berger yes
Commissioner Ken Cohen yes
Commissioner Harry Holzberg yes
Commissioner Jeffrey M. Perlow yes
Commissioner Patricia Rogers-Libert yes
Vice Mayor Jay R. Beskin yes
Mayor Arthur I. Snyder yes
Resolution No. 2001-t~8
Page 2
day of Mar h, 2001.
~,l"~'r~/. '~S I~ D E I~, MAY O R
ATTEST:
TER~ M. SORO~I CMO
CI-F¥,,~LERK ~
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
AGREEMENT BETWEEN THE CITY OF AVENTURA
AND ART AND CULTURE GROUP, INC. for GENERAL
PROFESSIONAL ART CONSULTING SERVICES
THIS AGREEMENT is entered into this 13th day of March, 2001 between the City of
Aventura, a Florida municipal corporation, (CITY) and Art and Culture Group, Inc.
(CONSULTANT).
WITNESSETH, in consideration of the mutual terms and conditions, promises,
covenants and payments hereinafter set forth, CITY and CONSULTANT agree as
follows:
ARTICLE 1
DEFINITIONS AND IDENTIFICATIONS
For the purposes of this Agreement and the various covenants, conditions, terms and
provisions which follow, the definitions and identifications set forth below are assumed
to be true and correct and are therefore agreed upon by the parties.
1.1
CONTRACT ADMINISTRATOR: Whenever the term "CONTRACT
ADMINISTRATOR" is used herein, it is intended to mean the City Manager or
designee. In the administration of this Agreement, all parties may rely upon
instructions or determinations made by the CONTRACT ADMINISTRATOR.
1.2
CONSULTANT: Art & Culture Group, Inc. which is the professional
organization with whom CITY has contracted for the performance of services
pursuant to this Agreement.
1.3
CITY: City of Aventura, Florida, a body corporate and politic and a political
subdivision of the State of Florida.
1.4 NOTICE TO PROCEED: A written statement issued by the CONTRACT
ADMINISTRATOR directing CONSULTANT to begin work.
1.5
PROJECT: The nature of the PROJECT includes planning, studies, surveys,
design, permitting, event/activity/program/project management, supervision,
implementation, observations and general professional art consulting services,
and other projects as assigned. This includes, but is not limited to, work
performed for and in CITY buildings, lands, park facilities, right-of-way, and
beautification purposes. The term "lands" includes land or property proposed to
be acquired or sold.
1.6
1.7
1.8
REIMBURSABLES: Whenever the term REIMBURSABLES is used herein, it is
intended to mean actual expenses directly related to the performance of the
services as set forth in this Agreement. REIMBURSABLES are limited to:
Identifiable expenses of transportation in connection with the PROJECT
subject to the provisions and limitations for public agencies established
in Chapter 112, Florida Statutes. Automobile travel inside Broward,
Miami-Dade and Palm Beach Counties is not reimbursable.
Identifiable per diem, meals and lodgings, taxi fares and miscellaneous
travel-connected expenses for CONSULTANT's personnel subject to the
limitations of Chapter 112, Florida Statutes. Per Diem within Broward,
Miami-Dade and Palm Beach Counties is not reimbursable.
c. Identifiable communication expenses for express mail charges.
d. Identifiable cost of printing reproduction.
Permit application fees. All fees paid to regulatory agencies for
approvals directly attributable to the PROJECT. These permit fees do
not include those permits required for the work of others.
Reimbursable subcontractor expenses are limited to the items described above
when the subcontractor provides for reimbursable expenses.
Notwithstanding anything to the contrary in the Agreement, all
REIMBURSEMENTS which exceed Five Hundred Dollars ($500.00) shall be
approved, in writing, by the CONTRACT ADMINISTRATOR pdor to incurring
the expenditure. Failure to comply with this provision shall result in the waiver
of the REIMBURSABLES.
BILLING RATE: Whenever the term BILLING RATE is used herein, it is
intended to mean average base salaries and wages paid to personnel by
employee category engaged directly on the PROJECT, including all fringe
benefits, overhead and profit. BILLING RATE by employee category is shown
on EXHIBIT A.
GENERAL ART CONSULTING ASSISTANCE: Whenever the term ART
CONSULTING ASSISTANCE is used herein, it is intended to mean those
professional services provided to CITY on a day-to-day basis for specific tasks
provided the estimated CONSULTANT cost for specific task does not exceed
Fifteen Thousand Dollars ($15,000.00). Typical tasks include attendance at
meetings, telephone calls, and providing day-to-day assistance as required.
a. CITY shall describe the Task to be undertaken by CONSULTANT.
2
1.9
CONSULTANT shall agree upon a level of effort and employee category to
be assigned to the specific Task, and 3rovide CITY with a proposal for the
work.
CITY shall authorize CONSULTANT, ~n writing, to provide professional
services requested for the specific Task.
CONSULTANT shall be reimbursed by CITY at the BILLING RATE payable
for each CONSULTANT's employee category shown on Exhibit A.
WORK AUTHORIZATION: Whenever the term WORK AUTHORIZATION is
used herein, it is intended to mean general professional art consulting services
related to specific projects identified by CITY for which the estimated
CONSULTANT cost exceeds Fifteen Thousand Dollars ($15,000.00).
The authorization issued by CITY shall contain the following information and
requirements:
A description of the work to be undertaken and method of compensation with
reference to the appropriate paragraphs of this Agreement.
A budget establishing the amount of compensation to be paid, which amount
shall constitute a guaranteed maximum, or a lump sum at the CONTRACT
ADMINISTRATOR's sole discretion, and shall not be exceeded unless prior
written approval of CITY is obtained. The information contained in the budget
shall be in sufficient detail so as to identify the various elements of costs, and
the adequacy of such budget information shall be subject to the approval of
A time established for completion of the work or services undertaken by
CONSULTANT or for the submission to CITY of documents, reports and other
information pursuant to this Agreement. The time established for performance
shall be subject to the approval of CITY; however, the time may, in the sole
discretion of CITY, be extended upon justification of CONSULTANT that
additional time is necessary for performance. Failure on the part of
CONSULTANT to comply with the time established for performance may result
in the termination of this Agreement.
d. WORK AUTHORIZATIONS shall be dated and serially numbered.
ARTICLE 2
PREAMBLE
In order to establish the background, context and frame of reference for this
Agreement and to generally express the objectives and intentions of the respective
parties herein, the following statements, representations and explanations shall be
3
accepted as predicates for the undertakings and commitments included within the
provisions which follow and may be relied upon by the parties as essential elements of
the mutual considerations upon which this Agreement is based.
2.1
Negotiations pertaining to the services to be performed by CONSULTANT were
undertaken between CONSULTANT and CITY, and this Agreement incorporates
the results of such negotiations.
3.1
3.2
ARTICLE 3
SCOPE OF SERVICES
The Scope of Services required to be performed by CONSULTANT shall be
identified under one of the following procedures:
a. GENERAL ART CONSULTING ASSISTANCE for specific "day-to-day"
work Tasks as requested by CITY and agreed to by CONSULTANT.
b. Professional Services for a PROJECT as set forth in a WORK
AUTHORIZATION. CONSULTANT shall provide all services as set forth
in the WORK AUTHORIZATION including, without limitations, all
necessary, incidental and related activities and services required.
CONSULTANT and CITY acknowledge that a WORK AUTHORIZATION does not
delineate every detail and minor work Task required to be performed by
CONSULTANT to complete a PROJECT. If, during the course of the
performance of a WORK AUTHORIZATION, CONSULTANT determines that it
should perform work to complete a PROJECT which is outside the level of effort
originally anticipated, CONSULTANT will notify CONTRACT ADMINISTRATOR in
writing in a timely manner before proceeding with the work. If CONSULTANT
proceeds with said work without notifying CONTRACT ADMINISTRATOR as
provided in Article 6, said work shall be deemed to be within the original level of
effort, whether or not specifically addressed in the WORK AUTHORIZATION.
Notice to CONTRACT ADMINISTRATOR does not constitute authorization or
approval by CITY. Performance of work by CONSULTANT outside the originally
anticipated level of effort without prior written CITY approval is at
CONSULTANT's sole risk and no additional compensation shall be payable.
4.!
ARTICLE 4
TIME OF PERFORMANCE
In the event CONSULTANT is unable to complete performance of services
because of delays resulting from untimely review and approval by governmental
authorities having jurisdiction over a PROJECT, and such delays are not the
fault of CONSULTANT, CITY shall grant a reasonable extension of time for
4
4.2
4.3
completing the work. It shall be the responsibility of CONSULTANT to notify
the CONTRACT ADMINISTRATOR promptly in writing whenever a delay is
anticipated or experienced, and to inform the CONTRACT ADMINISTRATOR
of all facts and details related to the delay.
The CONSULTANT shall make every reasonable effort to respond within two
(2) hours to requests, but under no circumstances, shall response time exceed
four (4) hours, unless otherwise approved by the CONTRACT
ADMINISTRATOR,
CONSULTANT shall provide CITY with a current up-to-date phone contact list
of personnel at all times.
5.1
5.2
5.3
ARTICLE 5
COMPENSATION AND PAYMENT
CITY agrees to pay CONSULTANT as compensation for performance of all
approved GENERAL ART CONSULTING ASSISTANCE services required
under the terms of this Agreement at those BILLING RATES described in
Article 1.8 and to reimburse CONSULTANT for REIMBURSABLES as
described in Article 1.7, plus subcontractor fees pursuant to paragraph 5.6 for
approved GENERAL ART CONSULTING ASSISTANCE service. The BILLING
RATES payable by CITY for each CONSULTANT's employee categories is
shown on Exhibit '%". Total compensation for a specific work task under
GENERAL ART CONSULTING ASSISTANCE shall not exceed Fifteen
Thousand Dollars ($15,000.00).
CITY agrees to pay CONSULTANT as compensation for performance of all
services as related to a WORK AUTHORIZATION required under the terms of
this Agreement at those BILLING RATES described in Article 1.7 plus
subcontractor fees pursuant to paragraph 5.6, up to the guaranteed maximum
payment to be negotiated and stated in the WORK AUTHORIZATION and to
reimburse CONSULTANT for REIMBURSABLES as described in Article 1.6 up
to the guaranteed maximum payments to be negotiated in the WORK
AUTHORIZATION, for a total guaranteed maximum stated in the WORK
AUTHORIZATION. It is understood that the method of compensation is that of
"guaranteed maximum" which means that CONSULTANT shall perform all
services set forth for total compensation in the amount of or less than that
stated in the WORK AUTHORIZATION. The BILLING RATES payable by
CITY for each Consultant's employee categories is shown on Exhibit "A".
CONSULTANT shall submit billings that are identified by the specific Task
authorized under GENERAL ART CONSULTING ASSISTANCE on a monthly
basis in a timely manner for all LABOR and REIMBURSABLES attributable to
the Task. These billings shall identify the nature of the work performed, the
5
5.4
total hours of work performed and the employee category of the individuals
performing same. Billings shall itemize REIMBURSABLES by category and
identify same as to the work personnel incurring the expense and the nature of
the work with which such expense was associated. Where prior written
approval by CONTRACT ADMINISTRATOR is required for REIMBURSABLES,
a copy of said approval shall accompany the billing for such
REIMBURSABLES. Copies of invoices must document external
REIMBURSABLES and subcontractor fees or receipts that describe the nature
of the expenses and contain a project number or other identifier that clearly
indicates the expense is identifiable to a Task.
CONSULTANT shall submit billings that are identified by the specific PROJECT
and WORK AUTHORIZATION number on a monthly basis in a timely manner
for all LABOR and REIMBURSABLES attributable to a PROJECT. These
billings shall identify the nature of the work performed, the total hours of work
performed and the employee category of the individuals performing same.
Billings shall itemize REIMBURSABLES by category and identify same as to
the work personnel incurring the expense and the nature of the work with which
such expense was associated. Where prior written approval by CONTRACT
ADMINISTRATOR is required for REIMBURSABLES, a copy of said approval
shall accompany the billing for such REIMBURSABLES. The statement shall
show a summary of LABOR COSTS and REIMBURSABLES with accrual of the
total and credits for portions paid previously. Copies of invoices must
document external REIMBURSABLES and subcontractor fees or receipts that
describe the nature of the expenses and contain a project number or other
identifier that clearly indicates the expense is identifiable to a PROJECT.
Appropriate CONSULTANT's cost accounting forms with a summary of charges
must document internal expenses by category. When requested,
CONSULTANT shall provide backup for past and current invoices that records
hours and hourly rates by employee categories, REIMBURSABLES by category
and subcontractor fees on a Task basis, so that total hours and cost by Task
may be determined.
5.5 Notwithstanding anything in paragraphs 5.1, 5.2, 5.3 and 5.4, at the
CONTRACT ADMINISTRATOR's option, the contract method of payment may
be a lump sum amount for a specific, detailed scope of services. For lump sum
contracts, CONSULTANT shall invoice based upon percentage of work
complete. Supporting information shall be provided to document the estimate
of completion percentage.
5.6 CONSULTANT shall bill identifiable subcontractor fees at the actual fees paid
by CONSULTANT.
5.7
CITY agrees that it will use its best efforts to pay CONSULTANT within thirty
(30) calendar days of receipt of CONSULTANT's proper statement as provided
above. The parties shall comply with section 218.70, F.S., et seq. the Prompt
Payment Act.
6
5.8
Payment will be made to CONSULTANT at:
ART & CULTURE GROUP, Inc.
1280 N. Congress Avenue
Suite 206
West Palm Beach, Florida 33409
ARTICLE 6
ADDITIONAL SERVICES AND CHANGES IN SCOPE OF SERVICES
6.1
6.2
Services related to an GENERAL ART CONSULTING ASSISTANCE Task
which would increase, decrease or which are outside the level of effort agreed
upon by CITY and CONSULTANT shall be services for which CONSULTANT
must obtain prior written approval of CITY before compensation can be paid.
Services related to a WORK AUTHORIZATION which would increase,
decrease or which are otherwise outside the Scope of Services or level of effort
contemplated by a WORK AUTHORIZATION shall be services for which
CONSULTANT must obtain the prior written approval from CITY before
compensation can be paid. All terms for the performance of such services
must be agreed upon in writing in a document of equal dignity herewith prior to
any deviation from the terms of a WORK AUTHORIZATION, and when properly
executed shall become an Amendment to the WORK AUTHORIZATION.
7.1
7.2
ARTICLE 7
CITY'S RESPONSIBILITES
CITY shall assist CONSULTANT by placing at CONSULTANT's disposal all
information it has available pertinent to the PROJECT including previous
reports and any other data relative to a PROJECT. It shall be CONSULTANT's
sole responsibility to physically retrieve said information.
CITY shall arrange for access to make all provisions for CONSULTANT to enter
upon public and private property as reasonably required for CONSULTANT to
perform its services under this Agreement.
8.1
ARTICLE 8
MISCELLANEOUS
OWNERSHIP OF DOCUMENTS: All sketches, tracings, drawings,
specifications, designs, design calculations, details, models, photographs,
reports, surveys and other documents, plans and data that result from
CONSULTANT's services under this Agreement or that is provided in
8.3
8.4
8.5
8.2
connection with this Agreement shall become and shall remain the property of
CITY. Copies of all software files shall be provided to CITY. CONSULTANT
shall be entitled to keep a copy of such items for record purposes
TERMINATION: This Agreement may be terminated by CONSULTANT or by
CITY for any reason with or without cause, upon thirty (30) days written notice
from the terminating party to the other party. In the event of such termination,
CONSULTANT shall be paid its compensation for services performed to
termination date, including all REIMBURSABLES then due or incurred to
termination date. All finished or unfinished sketches, tracings, drawings,
specifications, design, design calculations, details models, photographs,
reports, surveys and other documents, plans and data that result from
CONSULTANT's services under this Agreement shall become and shall remain
the property of CITY and shall be delivered by CONSULTANT to CITY.
RECORDS: CONSULTANT shall keep such records and accounts and require
any and all consultants and subcontractors to keep records and accounts as
may be necessary in order to record complete and correct entries as to
personnel hours charged to the PROJECT and any expenses for which
CONSULTANT expects to be reimbursed. Such books and records will be
available at all reasonable times for examination and audit by CITY and shall
be kept for a period of three (3) years after the completion of all work to be
performed pursuant to this agreement. Incomplete or incorrect entries in such
books and records will be grounds for CITY's disallowance of any fees or
expenses based upon such entries.
EQUAL OPPORTUNITY: CONSULTANT agrees that it will not discriminate
against any employee or applicant for employment for work under this
Agreement because of race, color, religion, sex, age, national origin or disability
and will take affirmative steps to ensure that applicants are employed and
employees are treated during employment without regard to race, color,
religion, sex, age, disability or national origin. This provision shall include, but
not be limited to, the following: employment, upgrading, demotion or transfer;
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
CONSULTANT agrees to furnish CITY with a copy of its Affirmative Action
Policy, if requested.
NO CONTINGENT FEES: CONSULTANT warrants that it has not employed or
retained any company or person, other than a bona fide employee working
solely for CONSULTANT, to solicit or secure this Agreement and that it has not
paid or agreed to pay any person, company, corporation, individual or firm,
other than a bona fide employee working solely for CONSULTANT, any fee,
commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement. For the breach or
violation of this provision, CITY shall have the right to terminate the Agreement
8
without liability, and, at its discretion, to deduct from the contract price, or
otherwise recover, the full amount of such fee, commission, percentage, gift or
consideration.
8.6
SUBCONTRACTORS: In the event CONSULTANT, during the term of this
Agreement, requires the services of any subcontractors, or other professional
associates in connection with services covered by this Agreement,
CONSULTANT must secure the prior written approval of the CONTRACT
ADMINISTRATOR. As part of the approval process, CITY shall require
subcontractor to comply with the terms of this Agreement, specifically but
without limitations, the requirements of this Article 8. CONSULTANT shall be
responsible for obtaining releases from subcontractors at the time the
subcontractors are paid.
8.7
ASSIGNMENT: This Agreement, or any interest herein, shall not be assigned,
transferred or otherwise encumbered by CONSULTANT, under any
cimumstances, without the prior written consent of CITY. Said consent shall be
at CiTY's sole discretion and may be unreasonably withheld. This Agreement
shall terminate in the event that CONSULTANT'S corporation is merged with or
otherwise acquired by another firm, company or corporation, or significantly
changes or ceases business operations in any way.
8.8 INDEMNIFICATION OF CITY:
CONSULTANT shall indemnify, and save harmless CITY, its agents,
servants and employees from and against any suits, expenses, damages,
costs, claims, demands and/or causes of action of whatever kind or nature
arising out of error, omission or negligent act of CONSULTANT, its agents,
servants or employees in the performance of services under this
Agreement.
CONSULTANT further agrees to indemnify and save harmless CITY, its
agents, servants and employees from and against any claim, demand or
cause of action of whatever kind or nature arising out of any conduct or
misconduct of CONSULTANT not included in the above paragraph.
8.9
INSURANCE: CONSULTANT shall provide, pay for and maintain in force at all
times during the services to be performed, such insurance, including Workers'
Compensation Insurance, Employer's Liability Insurance, Business Automobile
Liability Insurance, as set forth below.
United States Treasury approved companies authorized to do business in the
State of Florida, and having agents upon whom service of process may be
made in the State of Florida shall issue such policy or policies. CONSULTANT
shall specifically protect CITY by naming CITY and CITY's officers, agents and
employees as additional insured under the Comprehensive General Liability
9
Insurance Policy, and Business Automobile Liability Insurance Policy,
hereinafter described.
All policies shall provide for a Notice of Cancellation and/or Restriction: The
policy(les) must be endorsed to provide CITY with thirty (30) days advance
notice of cancellation and/or restriction.
a. Worker's Compensation Insurance to apply to all employees in compliance with
the Worker's Compensation Law of the State of Florida and all applicable
federal laws.
b. Comprehensive General Liability Insurance with minimum limits of Three
Hundred Thousand Dollars ($300,000.00) per occurrence combined single limit
for Bodily Injury Liability and Property Damage Liability. Coverage must be
afforded on a form no more restrictive than the latest edition of the
Comprehensive General Liability Policy, without restrictive endorsements, as
filed by the Insurance Services Office, and must include:
Premises and/or Operations.
Independent Contractors.
Personal Injury Coverage with Employee and Contractual Exclusions
removed with minimum limits of coverage equal to those required for
Bodily Injury Liability and Property Damage Liability. CITY and CITY's
officers, agents and employees are to be named as additional insureds
with respect to liability arising out of operations performed for CITY by or
on behalf of CONSULTANT in connection with such operation.
Business Automobile Liability Insurance with minimum limits of Two Hundred
Thousand Dollars ($200,000.00) per occurrence combined single limit for
Bodily Injury Liability and Property Damage Liability. Coverage must be
afforded on a form no more restrictive than the latest edition of the Business
Automobile Liability Policy, without restrictive endorsements, as filed by the
Insurance Services Office and must include:
Owned vehicles.
Hired and non-owned vehicles.
CITY and CITY's officers, agents and employees are to be named as
additional insureds with respect to liability arising out of operations
performed for CITY by or on behalf of CONSULTANT in connection with
such operation.
CONSULTANT shall provide CITY a Certificate of Insurance or a copy of all
insurance policies required by Section 8.9 including any subsection there
under. CITY reserves the right to require a certified copy of such policies upon
10
8.10
8.11
8.12
8.13
request. All endorsements and certificates shall state that CITY shall be given
thirty (30) days notice prior to expiration, cancellation or restriction of the
policy.
REPRESENTATIVE OF CITY AND CONSULTANT: It is recognized that
questions in the day-to-day conduct of a PROJECT will arise.
The CONTRACT ADMINISTRATOR, upon request by CONSULTANT
shall designate in writing and shall advise CONSULTANT in writing of
one or more CITY employees to whom all communications pertaining to
the day-to-day conduct of PROJECT shall be addressed.
CONSULTANT shall inform CONTRACT ADMINISTRATOR in writing of
the representative of CONSULTANT to whom matters involving the
conduct of PROJECT shall be addressed. CONSULTANT shall, at all
times during this Agreement, have available for consultation or
otherwise, an employee who shall be familiar with all work contemplated
under this Agreement.
ATTORNEY'S FEES: If CITY institutes any legal action to enforce any provision
of this Agreement, then CITY shall be entitled to reimbursement from
CONSULTANT for all costs and expenses, including reasonable attorney's fees
incurred by CITY, provided that CITY is the prevailing party in such legal action,
and provided further that CITY shall make application to the court or other
tribunal, for an award of such costs and expenses. This provision is supported
by other covenants of this Agreement.
ALL PRIOR AGREEMENTS SUPERSEDED: This document incorporates and
includes all prior negotiations, correspondence, conversations, agreements, or
understandings applicable to the matters contained herein and the parties agree
that there are no commitments, agreements, or understandings concerning the
subject matter of this Agreement that are not contained in this document.
Accordingly, it is agreed that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements whether oral or
written. It is further agreed that no modification, amendment or alteration in the
terms or conditions contained herein shall be effective unless contained in a
written document executed with the same formality and of equal dignity
herewith.
NOTICES: Whenever either party desires to give notice unto the other, it must
be given by written notice, sent by certified United States mail, with return
receipt requested, addressed to the party for whom it is intended, at the place
last specified, and the place for giving notice in compliance with the provisions
of this paragraph. For the present, the parties designate the following as the
respective places for giving notice, to wit:
11
FOR CITY:
FOR CONSULTANT:
Eric M. Soroka
City Manager
City of Aventura
2999 N.E. 191st Street
Suite 500
Aventura, Florida 33180
Lucy M. F. Keshavarz
President
Art 8, Culture Group, Inc,
1280 N. Congress Avenue
Suite 206
West Palm Beach, FL 33409
8.14
TRUTH-IN-NEGOTIATION CERTIFICATE: Signature on this Agreement by
CONSULTANT shall act as the execution of a truth-in-negotiation certificate
stating that wage rates and other factual unit costs supporting the compensation
of this Agreement are accurate, complete, and current at the time of contracting.
The original contract price and any additions thereto shall be adjusted to
exclude any significant sums by which CITY determines the contract price was
increased due to inaccurate, incomplete, or non-current wage rates and other
factual unit costs. All such contract adjustments shall be made within one year
following the end of this Agreement.
a. NON-EXCLUSIVE AGREEMENT: The services to be provided by
CONSULTANT pursuant to this Agreement shall be non-exclusive and
nothing herein shall preclude CITY from engaging other firms to perform
the same or similar services for the benefit of CITY within CITY's sole
and absolute discretion.
8.15 WARRANTIES OF CONSULTANT: CONSULTANT hereby warrants and
represents as follows:
At all times during the term of this Agreement, CONSULTANT shall
maintain in good standing all required licenses, certifications and permits
required under federal, state and local laws necessary for the
performance under this Agreement.
b. At all times during this Agreement, CONSULTANT shall perform its
obligations in a prompt, professional and businesslike manner.
8.16
GOVERNING LAW: This Agreement shall be construed in accordance with the
laws of the State of Florida. Venue for any action shall be in Miami-Dade
County, Florida.
THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK
12
8.16
b. At all times during this Agreement, CONSULTANT shall perform its
obligations in a prompt, professional and businesslike manner.
GOVERNING LAW: This Agreement shall be construed in accordance with the
laws of the State of Florida. Venue for any action shall be in Miami-Dade
County, Florida.
IN WITNESS THEREOF, the parties hereto have made and executed this Agreement
on the date first indicated above.
Ter~e¢~ M. SOrOk~;GMC
Cit'~/Clerk
City Manager\.~...~/
APPROVED AS TO FORM:
City Attorney
Weiss Serota Helfman Pastoriza and Guedes, P.A.
CO
BY: .....
/ President .'
/ Art & Culture Group, Inc.
13
FEE SCHEDULE
ART & CULTURE GROUP, INC.
Effective January 2001
Principal Art & Cultural Consultant
In house black and white copies
up to 11" x 17" sheet of paper
t~.UlBIT A
$85.00 per hour
$ 0.05 per copy
art & cuJturoJ
programming
design and
consulting
Lucy M.F. Keshavarz
President/Artist
1280 N Con§[essAveoue
Suite 206
WestPalm Beach
Florida 33409
phooa(561}687-gO92
fax (561)689-7476
email:!ucyacg@ex6lo eom