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HomeMy WebLinkAboutReso 2010-1609 ~ I RESOLUTION NO. 2010- ~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RA TIFYING THE FIRST AMENDMENT TO AGREEMENT WITH ELLEN J. UGUCCIONI TO PROVIDE CONSULTING SERVICES TO THE CITY, IN THE TOTAL AMOUNT NOT TO EXCEED FIFTY-TWO THOUSAND DOLLARS ($52,000.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FORAN EFFECTIVE DATE. WHEREAS, on January 13, 2010 via HPB Resolution No. 2010-12, the City entered into an agreement with Ellen J. Uguccioni to provide consulting services to the Historic Preservation Board, in an amount of Four Thousand Seven Hundred Ninety Dollars ($4,790.00), to evaluate the significance of the Temple B'Nai Zion and determine whether or not the building meant the standards for historic site designation under Chapter 171 of the City Code; and WHEREAS, during the summer recess, the City Manager and Ms. Uguccioni agreed to a First Amendment to the consultant agreement in order to expand the scope of services provided by the Consultant; and WHEREAS, the additional scope of services include but is not limited to 1) review and evaluate the City's Historic Landmarks Ordinance, 2) conduct workshops for the Board, 3) analyze feasibility of ad valorem tax relief and transfer development rights ("TOR") ordinance for historic properties, 4) draft and assist with the publishing of a modem architectural book, 5) analyze possibility of granting variances from the zoning code when it results in a significant historic preservation goal, and 6) serving as general adviser to the City's Historic Preservation in a professional and diligent manner; and WHEREAS, the City wishes to ratify and enter into the First Amendment to Agreement with Ellen J. Uguccioni to provide consulting services to the City, in an amount not to exceed Four Thousand Three Hundred Thirty-Three Dollars and Thirty-Three Cents ($4,333.33) per month for twelve (12) months, for a total amount not to exceed Fifty-Two Thousand Dollars ($52,000.00), attached hereto as Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Ratification of Agreement. The Agreement with Ellen J. Uguccioni to provide consulting services to the City, in the total amount not to exceed Fifty-Two Thousand Dollars ($52,000.00), attached hereto as Exhibit "A", is hereby ratified. R20 I 0 - Ratifying 151 Amendment to Uguccioni Agreement Page I of 2 Section 2. Authorization of the City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 3. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 16th day of September 2010. ATTEST: ~AL Jane A. Hines, CMC, City Clerk Moved by: c.o~~~L.J,u ~~ COOa~~ Seconded by: Vote: ~-\ Mayor Norman S. Edelcup Vice Mayor Lewis Thaler Commissioner Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl \/{Yes) V(Y es) VCYes) v(Y es) _(Yes) _(No) _(No) _(No) _(.No) ----1L'(N 0 ) R2010 - RatifYing IS! Amendment to Uguccioni Agreement Page 201'2 ~ FIRST AMENDMENT TOCITY OF SlJNNY ISLES lJEACH HISTORIC PRESERVATION BOARD CONSULTANT AGREEMENT TillS FIRST AMENDMENT TO THE CONSULT ANT AGREEMENT~n.fter referred to as (he "First Amendment") i$ made in duplicate. this ~ day of $ .' 2010, by and belween the City of Surmy Isles Beach. Florida, (hereinaflcr referred 10 as "City"). and Ellen ~. Uguccioni. (hereinafter ,'eterred to as "Consultant"), whose Federal tD. is # o ~ 11 h 37 J t.j WHEREAS, on January 13,2010. the City entered into that certain agreement with Consultant (hereinafter referred 10 as rhe "Consultant Agreement"), in which the Consultant agreed to provide cel1ai1'l services in order to assist the City'~ Historic Preservation Board (hereinafter referred to as the "Board") in evaluating the historic significance of du: Temple B'N~i Zion, located at 200 N.E. 178[1\ Streel, Sunny Isles Bench. and determine whether the building meelS the City's criteria for historic !:\ile designation; and WHEREAS, the City and Consultant desil"e [0 make certain modifications to the Consultant Agreement as set forth in thi~ Fist Amendment. NOW THEREf~ORE, as part of 1l1e con~ideralion for this FiJ"st Amendment. the City and Consult&lt hereby declare and agree to the following: 1. Recitals. The above recitals are incorporated by reference as if fully set fonh herein. 2. Term. The term of this First Amendment l>hall begin upon executlon date of this First Amendrnem and shall continue for 1 (one) month. 3. Renewal. This First Amcndmcm shall automatically renew for conl\ecutive l (one) month periods for me nex.t 11 (eleven) months, unless terminated by either party by giving 30 (tl1i.rty) days written notice of callcel~tion. 4, Additional Stope of Services. Consultant shall perform additional scope of services including but not limited to review and evaluate Ihe City'li Hi~loric Landmarks Ordinance, review existing de...;ignation reports for their conformance with established criteria for significance, conduct workshops for the Board, analyze feasibility of ad valorem tax relief and transfer development rigllls ("TDR") ordinance for historic properties, draft and assist with the publishing of a modem architectural book, detennine eligibility of existing designated sites for national regi~ler nomination. pursue potential state hmocic gnultS. develop rules of procedure fOl' the Board, analyze possibility of granting variances from the zoning code when it results in a siguificam histOl'iC preservation goal, work with City Historian 10 assisl in documenting dle City'::; ongoing history, reviewing applications for cenificates of appropriateness for histone properties includi.ng but not limited to the Newport Fishing Pier, and ~erving as general adviser 10 the City's Historic Preservation in a professional and diligent manner. The Consultant agrees 1 Exhibit "A" - City of Sunny Isles Beacl. 18070 Collins Avenue, SUlUlY Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax to be on site allhe City's Govemment Center at least 4 (fcur) times a month. attend till Board meetings. and appeal' as necessary before the City Commission on matters i.nvolving the Board anillor historic preservation issues. 5. Comoensation. As the entire compensation tinder this First Amendment and during the lenn of this first Amcndlnem. ill whatever capacity rend.cred. the City shall pay Consultanr a fee nOl to exceed Four Thousand Three Hundred Thirty Three Dollar~ and Thirty Three Cents ($4,333.33) to be paid within the first month of this First Amendment. This First Amendment shall automatically renew for consecutive monthly periods for me next 11 (cleven) months, [or a rotal potential tenn of 12 (twelve) months. unless tennimucd by eithcl'pm1y by giving 30 (thirty) days written notice of cancelation. This compensation shall cover the Consultant's fees for drafting of the modem archilectUral book, except for publishing and marketing COSH. of the book which shall be the r~sponsibility of the City. The Consul taut agrees to finish drafting the modern architcctuf<l} book even if the term of this First Amendment has expired. 6. All other term!> to remain in full forf:e 2nd effect. Except as otherwIse spedticaLly provided in this First Amendmem, all other teems and provisions of the Consullant Agreement shall remain in full force and effect with the exception of paragraph 5 of the Consultant Agre.ement pertaining to Compensation. which is hereby repealed and replaced with paragraph 5 in this First Amendment. IN WITNESS WHEREOF. the parties hereto have executed this Agreement in triplica.te on the day and year first written above. fsignatures on next pagel 2 "" City of Sunny Isles Beacll 18070 Collins Avenue. Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949.,3113 Fax ~ Uh~ ~rN/\ Iprlnll\J11I,'1 BY: q~"I~ t ~ :::s- ~\.;\ I ~ ~ !6Ovi Vl..b ipiL};"J],~,~i-- ---".~~..._- BY: EACH d~ Jane Hine.s, CMC, City Clerk APl)ROVED AS TO FORM AND LEGAL SUF}'ICIENCY BY:~~/~^.A~ ~ . ans Ottil1ot. City Attorney. 3 - CITY OF SUNNY ISLES BEACH HISTORIC PRESERVATION BOARD CONSULTANT AGREEMENT CONTRACT NO: THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreemenf') is made in duplicate, this I~~ day of ..~ukft..lf ,2010, by and between the City of Sunny Isles Beach, Florida, (hereinafter referred to as "City"), and Ellen ~LUguccioni, (hereinafter referred to as "Consultant"), whose Federal LD. is # ~;;J?.tf~ 3'11,7 WHEREAS, the City's Historic Preservation Board (hereinafter referred to as "Board") desires to retain the consulting services of Ellen J. Uguccioni in order to assist the Board in evaluating the historic significance of the Temple B'Nai Zion, located at 200 N,E. 178.th Street, Sunny Isles Beach, and determine whether the building meets the City's criteria for historic site designation; and WHEREAS, the particular scope of the consulting services shall include (1) an evaluation of the historic significance of the Temple B'Nai Zion and detennination of whether it meets the standards for designation as codified in Chapter 171 of the City Code; (2) preparation of a formal historic site designation report; (3) site visit to Temple B'Nai Zion and attendance at necessary Board meetings; and (4) representation of the Board at any duly scheduled public hearings before the Board or the City Commission (hereinafter collectively referred to as "Services"); and WHEREAS, Consultant has submitted a proposal to provide said Services in an amount not to exceed Four Thousand Seven Hundred Ninety Dollars ($4,790,00) as more particularly described in Attachment "A". which is attached hereto and made a part hereof. NOW THEREFORE, as part of the consideration for this Agreement, the City and Consultant hereby declare and agree to the following: 1. Recitals. The above recit~ls are incorporated by reference as iffully set forth herein, 2. Term. The tenn of this Agreement shall begin upon execution date of this Agreement and shall terminate upon completion of Consultant's Services. 3. Services. Consultant shall perfonn the Service more particularly described in Attachment "A" in a professional and diligent manner. 4, Time is of the essence. The partie~ agree that time is of the essence and that Consultant shall perform the Services within the timeframes required by the Board, 5. Compensation. As the entire compensation under this Agreement and during the term of this Agreement, in whatever capacity rendered, the City shall pay Consultant a total fee of Four Thousand Seven Hundred Ninety Dollars ($4,790,00), to be paid in two (2) increments as follows: (1) Two Thousand Three Hundred Ninety Fifty Dollars ($2,395.00) upon execution of 1 Attachment "1" 810 - ( City of Sunny Isles Beach {~~ 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax this Agreement by both parties and presentation of an invoice for 50% of the total contract amount (i.e, $2,395.00); and (2) Two Thousand Three Hundred Ninety Fifty Dollars ($2,395.00) upon completion of Services, acceptance by the City, and presentation of an invoice for 50% of the remaining contract amount (Le. $2,395,00). If the City disputes any charges on the invoices, it may make payment of the uncontested amount and withhold payment on the contested amounts until they are resolved by Agreement between the parties, 6, Interest of the Consultant. Consultant covenants that it now has no personal interest, direct or indirect, in the Temple B'Nai Zion located at 200 N,E. 178th Street, Sunny Isles Beach, or in any other property or business of any kind located in the City or elsewhere, and shall not acquire any such interest, which would cOnflict in any manner or degree with the performance of Services under this Agreement. 7. Independent Contractor. Except as expressly provided for in this Agreement, Consultant is not authorized to act as the City's agent hereunder and shall have no authority, expressed or implied, to act for or bind the City hereunder in any manner whatsoever. 8, Assienment. The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior express and written consent of the other party, 9, Indemnification. Consultant covenants and agrees to defend, indemnify and hold harmless the City, its officers, agents, officials and employees, from, for and against any loss, damage, liability or claim (including without limitation, attorneys' fees and other costs and expenses incident to any suit, action or other proceeding) arising out of the Consultant's acts or omissions under this Agreement, including those of their agents andlor employees, 10. Termination for Cause. If, through any cause, the Consultant shall fail to fulfill in timely and proper manner her obligations under this Agreement, or if the Consultant shall violate any of the covenants, agreements, or ~tipulations of this Agreement, the City shall thereupon have the immediate right to immediately terminate this Agreement by giving notice to the Consultant of such termination and specifying the effective date of such termination. In such event, all finished or unfinished documents, data, studies, reports, or other materials prepared by the Consultant under this Agreement shall at the option of the' City become the property of the City and the Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City of any breach of Agreement by the Consultant and the City may withhold any payments to the Consultant for the purpose of set- off until such time as the exact amount of damages due to the City from the Consultant is determined, 2 811 ( City of Sunny Isles Beach t( '. 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 11, Termination for convenience. The City may terminate this Agreement at any time by giving at least fifteen (15) days written notice to the Consultant. If this Agreement is terminated as provided herein, the Consultant will be paid for their reasonable costs and expenses incurred up to the date of termination. 12. Records and Audits. The Consultant shall maintain records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary to assure proper accounting for all project funds, These records will be made available for audit purposes to the City and will be retained for three (3) years after the expiration of this Agreement. 13, No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this agreement, or the waiver of any breach of any of the terms and conditions of this agreement, shall not be construed as thereafter- waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred, 14. Governine law. It is agreed that this Agreement shall be governed by, construed, and enforced in accordance. with the laws of the State of Florida. Venue for any legal proceedings shall be in MiamiMDade County Florida, 15. Arbitration. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association, The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in MiamiMDade County, Florida, All costs of arbitration and attorneys' fees incurred by-the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 16, Partial Invalidity. The invalidity of any portion of this Agreement shall not be deemed to affect the validity of any other provision. If any provision of this agreement is held to be invalid, the -parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expunging of the invalid provision. 17. Entire Aereement. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding upon either party except to the extent incorporated in this agreement. 3 812 - ~ \ City of Sunny Isles Beach (( 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 18. Modification. Any modification of this Agreement or additional obligation. asswned by either party in connection with this agreement shall be binding only if placed in writing and signed by each party or authorized representative of each party. 19, Notices. All notices and communications hereunder shall be in writing and shall be deemed given when sent postage prepaid by registered or certified mail, return receipt requested and, if intended for City to Rick Conner, City Manager, with a copy to Hans Ottinot, City Attorney, City of Swmy Isles Beach, 18070 Collins Avenue, Fourth Floor, Sunny Isles Beach, Florida 33160, and if intended for Consultant, shall be addressed to Ellen J. Uguccioni, 1115 Obispo Avenue, Coral Gables, Florida 33134. Phone: 305-445-5023, 20, Conflictin2 provisions. The terms and conditions in this Agreement supersede any other conflicting provisions that are contained in any other d9cument, including any attaclunents hereto. . [remainder of this page intentionally left blank] 4 613 ~ c. I( 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax City 01 Sunny Isles Beach IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the day and year first written above. ELLEN J. UGUCCIONI BY: a~~ c I .~Jwv [pnnl namo) ~C~1tI4 ~ BY: . A TTE.ST BY:~ , Jane-HineS, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY:~A..A..A AAAA.:2 ~ ", Hans Ottinot, City Atto ey 5 814 1 .. / EileR J. Uguccioni ... Cultural Resource Consultant. 1115 Obispo Avenue. Coral Gables, FL33134 Phone: (305) 445-5023 . Fax: (306) 446-8495 . E-maIl: ellenuaucclt!nbellsouth.net December 29, 2009 CONSULTANT SERVICJ;S PROPOSAL FOR THE CITY OF SUNNY ISLES BEACH Tasks: 1, Evaluate the significance of the Temple B'Nal Zion at 200 NE 17Sth Street, Sunny Isles Beach, and determine whether or not It meets the Standards for Designation as codified In Chapter 171 ofthe City's Code of Ordinances 2. After finding the temple to meet at least one of the standards, begin research, perform a site visit, and prepare a designatIon report for consideration of the Sunny Isles Beach Historic Board ("Historic Boardlf) 3, Attend Historic Board meeting to present the desIgnation report to the board. 4. Upon a finding by the Historic Board that the temple does meet the standards, and makes a subsequent recommendation to the City Commission, represent the matter before the City Commission at a Public Hearing, Hourly Rate: $125,00/ hour Trip to Sunny Isles Beach Attend Historic Board meeting January 13, 2010 Travel @ 2 hours RT Attendance at meeting Estimated at 2 hours @ $125.00/hr $250,00 $250.00 Research 8 hours @ $125.00jhr $2,000,00 Site Visit Travel @ 2 hours RT On-site Observations 1 hr. $250.00 $125.00 Prepare the Designation Report 4 hours @ $125.00/hr $500.00 Attachment "A!' 815 . . ( ,( '" Mr. Fernando Amuchastegui December 29, 2009 Phone/E-mall consultations With client 2 hrs. @$125.00/hr $250.00 Present Findings re Designation To the Historic Preservation Board Travel @ 2 hours RT@ $125.00/ hr. $250.00 Meeting/Presentation. Estimated @ 2 hours $125.00/l1r. $250.00 Supplies $40.00 subtotal $4,165.00 ASSUMING THE BOARD RECOMMENDS THE DESIGNATION: Present the case before the Sunny Isles Beach City Commission Travel @ 2 hours@$125.00/hr. Attendance/Presentation Estimated at 3 hours @ $125.00/ hr. $250.00 $375.00 TOTAL FOR ALL OF TH~ ABOVE..............................................................$4,790.00 On acceptance of this proposal the client (The City of Sunny Isles Beach) agrees to pay the consultant ( Ellen J, Uguccioni) seven hundred and fIfty dollars ($750.00) as a retainer. Accepted by (s~ ~ ~ /~, ~tni/Ce- a&~/..~.,- Title Signature Title Da.te /~-Oi~-d.tre1., Date Page 2 816 Fonn W-g Request for Taxpayer Identification Number and Certification Give fonn to the requester. Do not send to the IRS. (Rev. November 2005) Department of the Treasury Internal RElllenue SeNlce C'oi Name (as sho~n y ur income tax~) Ql Cl III Q. Business name, If different from abOve c: o t{ ~e /'0# / Enter your TIN in the appropriate box. The TIN provided must match the name given on Une 1 to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Intemal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report ali interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. person Qncludlng a U.S. resident alien). Certification Instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report ali interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generaliy, pa ents other tha interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. (See the' s ctions on g 4.) i~ ~I 1l.C) !5 ~ ~ o Corporation IN) Sign Here Slgnlllure of u.s. person ~ Purpose of Form A person who is required to file 'nform ion retum with the IRS, must obtain y~r ~~ayer ide tific.ation number (TIN) to report, for ~aI!3PI! i~otfte paid t you, real estate transactions, mortQ89eintfe&l you p~acquisition or abandonment of secured pro~rty, cancellation of debt, or contributions you made to an IRA. U.S. person. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requestin9 it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving Is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. In 3 above, if applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. For federal tax purposes, you are considered a person if you are: o Partnership 0 Other ~ -- -- . -- -- . --- -- --- o Exempt from backup withholding Requester's name and address (optional) 33/3 ~ or Date ~ cJ . An individual who is a citizen or resident of the United States, . A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, or . Any estate (other than a foreign estate) or trust. See Regulations sections 301.7701-6(a) and 7(a) for additional information. Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases: . The U.S. owner of a disregarded entity and not the entity, Form W-9 (Rev. 11-2005) Cat. No. 10231X Preview Page 1 of2 City of Sunny Isles Beach 18070 Collins Avenne Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Rick Conner, City Manager DATE: 9/16/2010 RE: Resolution Ratifying a First Amendment to Consultant Agreement with Ellen J. Uguccioni RECOMMENDATION: This Resolution is presented for your approval. REASONS: It is recommended that the City Commission ratify the First Amendment to Consultant Agreement with Ellen J. Uguccioni. By way of background, on January 13, 2010, the City of Sunny Isles Beach entered into an agreement with Ellen 1. Uguccioni, in which Ms. Uguccioni agreed to assist the City's Historic Preservation Board in evaluating the historic significance of the Temple B'Nai Zion, located at 200 178th Street, Sunny Isles Beach, and determine whether the Temple met the City's criteria for historic site designation. During the summer recess, the City and Ms. Uguccioni entered into a First Amendment to the consultant agreement. I was authorized to enter into this First Amendment because the City Commission was in summer recess and was not scheduled to meet again until the next regular City Commission meeting on September 16,2010. The City desires to ratify the terms and conditions of the First Amendment to the original consultant agreement with Ms. Uguccioni. Under the terms and conditions of the First Amendment, the term of the consultant agreement is extended for consecutive one month terms up to a maximum period of twelve months, unless terminated by either party with 30 (thirty) days notice of cancelation. The consultant agrees to perform additional scope of services for the City including but not limited to: 1) review and evaluate the City's Historic Landmarks Ordinance, 2) conduct workshops for the Board, 3) analyze feasibility of ad valorem tax relief and transfer development rights ("TDR") ordinance http://sibagenda.sibfl.net/agenda/Preview.aspx?ItemID=348&MeetingID=O&MeetingDate... 9/1 0/20 1 0 - Preview Page 2 of2 for historic properties, 4) draft and assist with the publishing of a modem architectural book, 5) analyze possibility of granting variances from the zoning code when it results in a significant historic preservation goal, and 6) serving as general adviser to the City's Historic Preservation in a professional and diligent manner. The Consultant agrees to be on site at the City's Government Center at least 4 (four) times a month, attend all Board meetings, and appear as necessary before the City Commission on matters involving the Board and/or historic preservation issues. In consideration for this additional scope of services, the City agrees to pay Ms. Uguccioni a fee not to exceed $4,333.33 per month for a total potential term of 12 (twelve) months, for a total amount not to exceed $52,000. A copy of the First Amendment to the Consultant Agreement is attached hereto. ATTACHMENTS: . Resolution . Agreement http://sibagenda.sibfl.net/agenda/Preview .aspx?I temID=348&MeetingID=0&MeetingDate... 9/1 0/20 1 0