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HomeMy WebLinkAboutHPB Reso 2010-12HISTORIC PRESERVATION BOARD RESOLUTION NO. 2010- 12, A RESOLUTION OF THE HISTORIC PRESERVATION BOARD OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, EXPRESSING SUPPORT FOR THE CITY'S EFFORTS TO ENTER INTO A CONSULTING AGREEMENT WITH ELLEN J. UGUCCIONI TO EVALUATE THE SIGNIFICANCE OF THE TEMPLE B'NAI ZION AND DETERMINE WHETHER IT MEETS THE STANDARDS FOR HISTORIC SITE DESIGNATION UNDER THE CITY CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the purpose of the City of Sunny Isles Beach's ( "City ") Historical Preservation Board ( "Board ") is to designate, preserve, protect and maintain historic buildings, areas, sites, artifacts, memorabilia, and promote public awareness as a source of history and heritage in the City; and WHEREAS, the Board wishes to consider the historic significance of the Temple B'Nai Zion, located at 200 N.E. 178t" Street, in the City, and determine whether it should be designated as a historic site by the Board; and WHEREAS, in conjunction with this effort, the Board expresses its support for the City to retain the consulting services of Ellen J. Uguccioni ( "Consultant ") in order to assist the Board in evaluating the significance of the Temple B'Nai Zion and determine whether or not the building meets the standards for historic site designation under Chapter 171 of the City Code; and WHEREAS, the scope of services to be performed by Consultant shall include (1) analysis of whether Temple B'Nai Zion meets the standards for historic site designation under 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. NOW THEREFORE, BE IT RESOLVED BY THE HISTORIC PRESERVATION BOARD OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing recital paragraphs are hereby ratified and confirmed as being true and the same are hereby made part of this Resolution. Section 2. Expression of Support. The Historic Preservation Board hereby expresses its support for the City to enter into an Agreement with Ellen J. Uguccioni to assist the Board in evaluating the historic significance of the Temple B'Nai Zion, prepare a written designation report and represent the Board at any public hearings, as more particularly described in Attachment "1 ", incorporated herein by reference. I Iistorical Preservation Board Resolution No. 2010 - Page 1 of 2 Section 3. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 1 day of , 2010. Joe5ksters, Chair Sunny Isles Beach Historic Preservation Board ATTEST: C:__��:� � L16�1 Jane A. Hines, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: IA ans Ottinot, City Attorney Moved by: 0,6-SSsy 6;�yz Seconded by: LL.1 e (1, &;Ae NoF-1F' Vote as Follows: Joe Masters (Yes) (No) Cassey Gabor (Yes) (No) Shari Blank (Yes) (No) Phillip Chernoff (Yes) (No) Janet Cini ASPIC (Yes) (No) Trina Dulue /(Yes) (No) Mark Glicksman PdCU�L(Yes) (No) I Iistorical Presen ation Board Resolution No. 2010 - Pagc 2 of 2 SUNNY I't O A n CITY OF SUNNY ISLES BEACH �F %9. F`oA oPSP HISTORIC PRESERVATION BOARD CONSULTANT AGREEMENT `F> OF SUN ° CONTRACT NO: THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement ") is made in duplicate, this 1' a' day of �-V"U tzMq , 2010, by and between the City of Sunny Isles Beach, Florida, (hereinafter referred to as "City "), and Ellen J,.. Uguccioni, (hereinafter referred to as "Consultant "), whose Federal I.D. is # zo �% 3 6 314 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" 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 determination 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: Recitals. The above recitals are incorporated by reference as if fully set forth herein. 2. Term. The term of this Agreement shall begin upon execution date of this Agreement and shall terminate upon completion of Consultant's Services. 3. Services. Consultant shall perform the Service more particularly described in Attachment "A" in a professional and diligent manner. 4. Time is of the essence. The parties 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 Attachment "1" City of Sunny Isles Bench 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 (i.e. $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. Assignment. 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 and /or 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 stipulations 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 City of Sunny Isles Beach 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. Governing 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 Miami -Dade 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 Miami -Dade 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 Agreement. 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 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 assumed 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 Sunny 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. Conflictinjj provisions. The terms and conditions in this Agreement supersede any other conflicting provisions that are contained in any other document, including any attachments hereto. [remainder of this page intentionally left blank] 4 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the day and year first written above. WITNESSES: � ) , ELLEN J. UGUCCIONI [print name] KC--1V1U 4 ATTEST BY: Jane Hines, CMC, City Cleric 5 BY: Ellen J. gu ioni CITY , City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Hans Ottinot, City Atto ey Ellen J. uguccioni Cultural Resource Consultant ♦ 1115 Obispo Avenue ♦ Coral Gables, FL 33134 Phone: (305) 445 -5023 ♦ Fax: (305) 445 -8495 ♦ E -mail: ellenuaucciObellsouth.net December 29, 2009 CONSULTANT SERVICES PROPOSAL FOR THE CITY OF SUNNY ISLES BEACH Tasks: 1. Evaluate the significance of the Temple B'Nai Zion at 200 NE 178th Street, Sunny Isles Beach, and determine whether or not it meets the Standards for Designation as codified in Chapter 171 of the 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 Board ") 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 $250.00 Attendance at meeting Estimated at 2 hours @ $125.00/hr $250.00 Research 8 hours @ $125.00/hr $2,000.00 Site Visit Travel @ 2 hours RT $250.00 On -site Observations $125.00 1 hr. Prepare the Designation Report $500.00 4 hours @ $125.00/hr Attachment "A" Mr. Fernando Amuchastegui December 29, 2009 Phone /E -mail 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/hr. $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. $250.00 Attendance /Presentation Estimated at 3 hours @ $125.00/ hr. $375.00 TOTAL FOR ALL OF THE 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 Signature Title Date Page 2 Signatur f 4A � Title Date 1 RESOLUTION NO. 2010 -1609 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RATIFYING 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 FOR AN 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 ( "TDR ") ordinance for historic properties, 4) draft and assist with the publishing of a modern 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. R2010 — Ratifying I" 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 16 "' day of September 2010. ATTEST: Jane A. Hines, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Hans Ottinot, City Attorney Moved by: Seconded by: Vote: Mayor Norman S. Edelcup Vice Mayor Lewis Thaler Commissioner Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl R2010— Ratifying I" Amendment to Uguccioni Agreement Page 2 of 2 (Yes) (Yes) (Yes) (Yes) (Yes) Norman S. Edelcup, Mayor (No) (No) (No) (No) (No) Jan 17 10 02:57p JUL -O8 -2010 04:06PM FROb- - 4 E11 n Uguccioni 30�A455023 T -866 P 002/004 F -274 FIRST AMENDMENT TO CITY OF SUNNY ISLES HEACH R STORIC PRESERVATION BOARD CONSUL'T'ANT AGREEMENT THIS FIRST AMENDMENT TO THE CONSULTANT AGREE (h reinafter refencd to as the "First Amendment ") is made in duplicate, this Q-1 day of , 2010, by and between the City of Sunny Isles Beach, Florida, (hereinafter refe ed to s "City "), and Ellen I. U c. i. ( hereinafter referred to as "Consultant "), whose Federal I.D. is # �Yd JOY WHEREAS, on January 13, 2010, the City entered into that certain agreement with Consultant (hereinafter referred to as the "Consultant Agreement "), in which tic Consultant agreed to provide certain services in order to assist the City's historic Preservation Board (hereinafter referred to as the "Board ") in evaluating the historic significance of the Temple 9'Nai Zion, located at 200 N.E. 178`" Street, Sunny Isles Beach, and detennine whether the building meets the City's criteria for historic site designation; and WHEREAS, the City and Consultant desire to make certain modifications to the Consultant Agreement as set forth in this Fist Amendment. NOW THEREFORE, as part of the consideration for this First Amendment, the City and Consultant hereby declare and agree to the following. 11 $ec►taLL The above recitals are incorporated by reference as if fully set forth herein. 2. Term. The tcrm of this First Amendment shall begin upon execution date of this First Amendment and shall continue for 1 (one) month. 1 Renewal. This First Amendment shall automatically renew for consecutive l (one) mouth periods for the next 11 (eleven) months, unless termi»ated by either party by giving 30 (thirty) days written notice of cancelatiom 4. Additional Scow of Services, Consultant shall perform additional scope of services including but not limited to review and evaluate the City's Historic Y,andtnarks Ordinance, review existing de,ignadon reports for their conformance with established criteria for significance, conduct workshops for the Board, analyze feasibility of ad valorem tax relief and transfer development rights ( "TDR ") ordinance for historic properties, draft and assist with the publishing of a modem architectural book, detennine eligibility of existing designated sites for national register nomination, pursue potential state historic grants, develop rules of procedure for the Board, analyze possibility of granting variances from the zoning code when it results in a significant historic preservation goal, work with City Historian to assist in documenting the City's ongoll-ig history, reviewing applications for certificates of appropriateness for historic properties including but not limited to the Newpon Fishing Pier, and -erving as general adviser to the City's Historic Preservation in a professional and diligent manner. The Consultant agrees p.1 Jan 17 10 02:57p E1'-h Uguccioni 30c'4455023 p.2 JUL- 06-2010 044OPM FROM- T -666 P.D03 /004 F -114 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax 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 maucrs involving the Board and/or historic preservation issues. 5. Compensation. As the entire compensation under this First Amendment and during the term of this First Amendtent. in whatever capacity rendered, the City shall pay Consultant a fce not to exceed Four Thousand Three Hundred Thirty Three Dollars 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 the next 11 (eleven) months, for a total potential term of 12 (twelve) months, unless terminated by either party by giving 30 (thirty) days written notice of eancelation. This compensation shall cover the Consultant's fees for drafting of the modern architectural book, except for publishing and marketing costs of the book which shall be the responsibility of the City. The Consultant agrees; to finish drafting the modern architectural book evert if the term of this First Amendment has expired. i 6. All other terms to remain iu full force and effect. Except as otherwise specifically provided in this First Amendment, all other terms and provisions Qf the Consultant Agreement shall remain in full force and effect with the exception of paragraph 5 of die Consultant Agreement pertaining to Compensation, which is hereby repealed and replaced with paragraph 5 m this First Amendment, IN WITNESS 'WHEREOF, the parties hereto have executed this Agreement in triplicate on the day and year first written above. [signatures on next page] Jan 17 10 02:58p E13-n Uguccioni 30 4455023 JUL-06-2010 04:00M FROM- T -666 P 004/004 F-274 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 940-3113 Fax WITNESSES: ELI. �►� LA BY: ATTEST Y: Jane Nines, CMC, City Clerk 3 CITY OF SUNNY ISLES BEACI3 m City Manager APPROVED AS TO FORM AND LEGAL SU14 CIENCY BY: , A ans Qttinot, City Attorney p -3 tioNnr rivr J 60 lug 10 CITY OF SUNNY ISLES BEACH HISTORIC PRESERVATION BOARD CONSULTANT AGREEMENT CONTRACT NO: THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement ") is made in duplicate, this _1Vk day of s" u fty , 2010, by and between the City of Sunny Isles Beach, Florida, (hereinafter referred to as "City ") and Ellen J Uguccioni, (hereinafter referred to as "Consultant "), whose Federal I.D. is # � 4033 31i# 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. 178x' 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 determination 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 recitals are incorporated by reference as if fully set forth herein. 2. Term. The term of this Agreement shall begin upon execution date of this Agreement and shall terminate upon completion of Consultant's Services. 3. Services. Consultant shall perform the Service more particularly described in Attachment "A" in a professional and diligent manner. 4. Time is of the essence. The parties 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 Attachment "I" 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 (i.e. $2,395.00). I£ 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. 178" 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. Assloment. 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 and/or 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 stipulations 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 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 Weaver. 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. Governing 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 Miami -Dade 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 Miami -Dade 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 Agreement, 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. 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 assumed 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 Sunny 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. Conflicting Provisions. The terms and conditions in this Agreement supersede any other conflicting provisions that are contained in any other document, including any attachments hereto, [remainder of this page intentionally left blank] 4 813 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the day and year first written above. WITNESSES: ELLEN J. UGUCCIONI BY: _ G Ellen J. ioni tn.me �q.' , n name ATTEST r BY: T aneHines, CMC, City Clerk 5 CI7 APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: +v Hans Ottinot, City Atto eC�y 814 Ellen L Uoueemnl ♦t♦ Cultural Resource Consultant ♦ 1116 Obispo Avenue ♦ Coral Gables, FL 33134 Phone: (306) 446 -6023 * Fax: (308) 446 -8496 4 E-mail: ellenugucoMbellsouthm December 29, 2009 CONSULTANT SERVICES PROPOSAL FOR THE CITY OF SUNNY ISLES BEACH Tasks: 1. Evaluate the significance of the Temple B'Nal Zion at 200 NE 178th Street, Sonny Isles Beach, and determine whether or not It meets the Standards for Designation as codified In Chapter 171 of the 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 Board ") 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 $250.00 Attendance at meeting Estimated at 2 hours @ $125.00/hr $250.00 Research 8 hours @ $125.00/hr $2,000.00 Site Visit Travel @ 2 hours RT $250.00 On -s(te Observations 1 hr. $125.00 Prepare the Designation Report $500.00 4 hours @ $125.00/hr Attachment "A" 815 i r ,( W. Fernando Amuchastegui December 29, 2009 Phone/E-mail consultations With client 2 hrs. @$125.00/hr $250.00 Present Findings re Designation To the Historic Preservation Board Travel @ 2 hours RT@i $125.00/ hr. $250.00 Meeting/Presentation Estimated @ 2 hours $125.00/hr. $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. $250.00 Attendance /Presentation Estimated at 3 hours @ $125.00/ hr. $375.00 TOTAL FOR ALL OF THE ABOVE ......... ............................... ......................$4,790.00 On acceptance of this proposal the client ( The City of Sunny Isles Beach) agrees to pay the consultant ( Ellen J, Uguccionl) seven hundred and fifty dollars ( $750.00) as a retainer. Accepted by Signature Signatu r C, /_ - Title Tide Date Date Page 2 816 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, sob proprietor, or disregarded entty, 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. Social sac++rttY / 0 or EmDloYer kWndfk:ation number Under penalties of perjury, I certify that: taxpayer identification number (or I am waiting for a number to be issued to me), and 1. The number shown on this form Is my correct 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or @) i have not been notified by the Internal Revenue Service (IRS) that I am subjectto� p withholding, withholding and result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to 3. 1 am a U.S. person (Including a U.S. resident alien). CertfAoatlort kwbuotions. You must cross out item 2 above H you have been notified by the IRS that you are currently subject to backup For real estate withholding because you have failed to report all interest and dividends on your tax of debt buttons otion individual retirement PIY. For mortgage Interest paid, acquisition or abandonment of secured property, arrangement (IRA), and generally, pa eras other th interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN (See th s tons on 4.) Sign I Sipnenr. Of Here u.s. pereoe ► Purpose of Form A person who is required to file 'nf return with the IRS, must obtain y ification number (TIM to report, fop� you, real estate t��ons, morpaid uisition or abandonment of proWty, 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 requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are wafting for a number to be issued), 2 Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding it 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. e An individual who is a citizen or resident of the United States, e A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, or e Any estate (other than a foreign estate) or trust. See Regulations sections 301.7701 -6(a) and 7(a) for additional information. gpecild nAes for parbvw9 ips. 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 a required to presume that a partner is a foreign perso n 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: For federal tax purposes, you are considered a person if You * The U.S. owner of a disregarded entity and not the entity, are: Cat. No. 10231X Forth - (Rev. 11 -2006) 9 Request for Taxpayer Give form to the requester. Do not Form Number and Certification send to the IRS, (Rev. amber �) Identification 13gWft wrt of the Treasury Rrm" Servlos InterrW N Name (es shown on y Income tax ) ' / / /V� ` /V ( /Jl/ diuelness nam H dHfaront from atxrro e, individual/ ❑ Corporate ❑ Partnership ❑ Other ► ------------------ Exempt from backup wtthhotdkV Check appropriate box: Sob proprietor na Requester s Warne and address (optbq Address (number, street suite ite City, state ZIP l.let account number(B) 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, sob proprietor, or disregarded entty, 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. Social sac++rttY / 0 or EmDloYer kWndfk:ation number Under penalties of perjury, I certify that: taxpayer identification number (or I am waiting for a number to be issued to me), and 1. The number shown on this form Is my correct 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or @) i have not been notified by the Internal Revenue Service (IRS) that I am subjectto� p withholding, withholding and result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to 3. 1 am a U.S. person (Including a U.S. resident alien). CertfAoatlort kwbuotions. You must cross out item 2 above H you have been notified by the IRS that you are currently subject to backup For real estate withholding because you have failed to report all interest and dividends on your tax of debt buttons otion individual retirement PIY. For mortgage Interest paid, acquisition or abandonment of secured property, arrangement (IRA), and generally, pa eras other th interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN (See th s tons on 4.) Sign I Sipnenr. Of Here u.s. pereoe ► Purpose of Form A person who is required to file 'nf return with the IRS, must obtain y ification number (TIM to report, fop� you, real estate t��ons, morpaid uisition or abandonment of proWty, 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 requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are wafting for a number to be issued), 2 Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding it 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. e An individual who is a citizen or resident of the United States, e A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, or e Any estate (other than a foreign estate) or trust. See Regulations sections 301.7701 -6(a) and 7(a) for additional information. gpecild nAes for parbvw9 ips. 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 a required to presume that a partner is a foreign perso n 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: For federal tax purposes, you are considered a person if You * The U.S. owner of a disregarded entity and not the entity, are: Cat. No. 10231X Forth - (Rev. 11 -2006)