HomeMy WebLinkAboutReso 2000-235
RESOLUTION NO. 2000- ~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, APPROVING A
SETTLEMENT AGREEMENT WAIVER AND RELEASE OF
RECIO & ASSOCIATES INC., ATTACHED HERETO AS
EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO
WHATEVER IS NECESSARY TO EFFECTUATE THE TERMS
OF THE AGREEMENT; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Sunny Isles Beach issued Request for Proposals inviting bidders
to submit proposals for the beautification of Collins Avenue; and
WHEREAS, by Resolution No. 99-155, the City of Sunny Isles Beach awarded the
Request for Proposal No. 99-08-01 and 99-07-02 to Recio & Associates, and authorized the City
Manager to negotiate a contract with the party on behalf of the City, but no such contracts were,
in fact, executed; and
WHEREAS, the City and Recio & Associates acknowledge that the City has authority to
change the scope of services, and desires to do so now, while simultaneously settling any or all
potential asserted and unasserted claims arising out of or relating to the award of Request for
Proposal No. 99-08-01 and No. 99-07-02;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISISON OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
1. Approval of Release. The City hereby approves the terms and conditions of the release
agreement attached hereto as Exhibit "A".
2. Authorization of City Manager. The City Manager is hereby authorized to do whatever is
necessary to carry out the terms of these agreements.
3. Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 30th day of May, 2000.
ATTES:r.;1. ,1.\ /,'.
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;'. c'ai:~",: l?wn~6rill'l~.City Clerk
AtpP~"VrD<:<}~:rO ~ORM
Se~f(jmenl"~"Waiver\vfRecio & Arazoza Res 1
LMU:Ch" .'. .
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6/20/00 4':29''pM:
AND LEGAL SUFFICIENCY:
Vote: '5 - 0
Mayor Samson
Vice Mayor Morrow
Commissioner Iglesias
Commissioner Kauffman
Commissioner Turetsky
Moved by: ~G'/W> ~
Seconded by: __ _~
Settlement & Waiver w/Recio & Arazoza Res 2
LMD:ch
6/20/00 4:23 PM
~(Yes)
(Yes)
~(Yes)
(Yes)
_(Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
~ -v.h. b.,.. A
RELEASE OF CLAIMS AND TERMINATION OF BID CONTRACT
THIS AGREEMENT made as of this 30th day of Mav 2000, by and
among RECIO & ASSOCIATES, INC., its affiliates, successors, and/or assigns
("RECIO"), and the CITY OF SUNNY ISLES BEACH, a municipal corporation (the
"CITY").
WHEREAS, the CITY issued Request for Proposal Nos. 99-08-01, which
invited bidders to submit proposals for the beautification of Collins Avenue; and
WHEREAS, by Resolution No. 99-155, the CITY awarded Request for Proposal
No. 99-08-01 to RECIO and authorized the City Manager to negotiate a contract with
RECIO on behalf of the CITY, but no such contracts were, in fact, executed; and
WHEREAS, the CITY and RECIO acknowledge that the CITY has authority to
change the scope of services, and desires to do so now, while simultaneously settling
any or all potential asserted and unasserted claims arising out of or relating to the
award of Request for Proposal No. 99-08-01.
THEREFORE, in consideration of the above recitals the parties to this
Agreement agree as follows:
1.
RELEASE.
RECIO, in consideration of $10,000 hereby releases and
forever discharges the City from all claims, demands, actions and causes of action,
judgments, and executions which RECIO ever had, now has, or ever will have, against
the CITY, arising out of or relating to the awarding of Bid No. 99-08-01 as approved
by Resolution No. 99-155, which was adopted on September 16,1999.
2. INDEMNIFICATION. The CITY and RECIO hereby agree that any
and all bid contracts, as related to Bid No. 99-08-01, are effectively terminated as of
date of the execution of the release and that all obligations and rights of the parties
pursuant thereto are eliminated as of such date and that RECIO
further agrees to hold harmless the CITY from all claims, demands, actions, judgments, and
executions, which it has or could, have asserted against the CITY.
3. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement
among the parties to this Agreement and supersedes all prior agreements and understanding
among the parties to this Agreement relating to the subject matter of this Agreement.
By:
i
Title:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Nt The foregoing instrument was signed an~"p,knOWledged before me this 20th day of ~
~, 2000, byltano J-1~l\tlVDlo , as VLSld.eIct of Recio & Associates, Inc.,
who is personally known 10 me or who has produced as
identification.
~dwd~
otary PublIc
0) IathnIe L. Welch
0011IIIII... (100 839496
· IrpINa liar 23. 2003
...... TJaru
.w..u. ....... Co., Inc.
By:
ST ATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
The foregoing instrument was signed and acknowledged before me this~ ~t-
dayof :::r~ ,2000, by ~ ~Cv~ asA<A~...,~C(~&V\<<""~r"
City of Sunny Isles Beach, who is na ly kD.own~Of,-vA:lB has I'l'OdtlG a. U-
as identification.
~~~~
Notary Public
OFFIClALNOfARY
RICHARD E BROWN
NOI'ARY PUBUC STATE OF FLORIDA
COMMISSION NO. CC1516(S
MY COMMISSION EXP. E 15
2