HomeMy WebLinkAboutReso 2018-2804 RESOLUTION NO. 2018 -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, RATIFYING AN AGREEMENT
WITH O. HALIGON FINE ART STUDIO, INC. FOR THE
RESTORATION,REPAIR,AND INSTALLATION OF THE"RISING
HORIZONS" SCULPTURE LOCATED AT TOWN CENTER PARK,
IN AN AMOUNT NOT TO EXCEED FIFTY-SEVEN THOUSAND
DOLLARS ($57,000.00), 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 February 16, 2006 via Resolution No. 2006-893 the City Commission
commissioned the services of Rafael Barrios("Artist")for the design,delivery,and installation of an
artistic monument in the amount of$160,000.00; and
WHEREAS,the Artist created the sculpture known as"Rising Horizons"which is located at
Town Center Park; and
WHEREAS, the sculpture was in need of restoration and repairs; and
WHEREAS, O. Haligon Fine Art Studio, Inc. ("Contractor"), has the experience and
expressed the ability and desire to perform the services more specifically described in Attachment
WHEREAS,in order to expedite the restoration of the sculpture,the City Manager executed
an agreement with the Contractor, attached hereto as Exhibit "A"; and
WHEREAS,the City Commission now wishes to ratify the agreement with O.Haligon Fine
Art Studio, Inc. for the restoration, repair, and installation of the"Rising Horizons"sculpture, in an
amount not to exceed Fifty-Seven Thousand Dollars ($57,000.00), which includes a contingency
amount not to exceed One Thousand Two Hundred Dollars($1,200.00) for consultation services in
the event of a hurricane or severe weather, 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 City Commission hereby ratifies the agreement with O.
Haligon Fine Art Studio, Inc. for the restoration, repair, and installation of the "Rising Horizons"
sculpture, in an amount not to exceed Fifty-Seven Thousand Dollars($57,000.00),which includes a
contingency amount not to exceed One Thousand Two Hundred Dollars($1,200.00)for consultation
services in the event of a hurricane or severe weather, attached hereto as Exhibit "A".
Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate the terms of the Agreement.
R2018 Agmt 0.Haligon for Sculpture Resoration I of 2
Section 3 Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 19th day of : pril, 2018.
- • George . . Scholl. Mayor
l -
s '
- ATTEST'
Mauricio B-tan .ur, k MC, City Clerk
APPROVED AS TO FORM
AND LE ..• L SUFFICIENCY:
.ns •ttinot, City Attorney
Moved by: eoffifllitlSR t OntEte- 614-rto
Seconded by: Vick ck N4A - aoi.. wt4,J
Vote:
Mayor Scholl ✓ (Yes) (No)
Vice Mayor Goldman (Yes) (No)
Commissioner Aelion /(Yes) (No)
Commissioner Gatto ✓ (Yes) (No)
Commissioner Svechin � (Yes) (No)
R2018 Agmt w•/O.Haligon for Sculpture Resoration 2 of 2
AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH
AND O. HALIGON FINE ART STUDIO, INC.
. o \T, CONTRACT NO. 072-2853
•
..�<<oa ,4 THIS AGREEMENT (hereinafter referred to as the Agreement ) is made in
"°"'4 duplicate, this day of , 2018, by and between the CITY OF
SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and O. HALIGON FINE
ART STUDIO, INC., a corporation authorized to do business in the State of Florida (hereinafter
referred to as "Contractor") whose Federal I.D. # is 65-0861924.
RECITALS
WHEREAS,the City of Sunny Isles Beach(the "City") is in need of a contractor to restore,
repair, and install the Rising Horizon sculpture; and
WHEREAS, Contractor has the necessary experience to provide the desired Services as
reflected in°Attachment "A"; and
WHEREAS, the City wishes to enter into this Agreement with Contractor to provide the
Services to the City to restore and maintain the Rising Horizon sculpture for an amount not to
exceed Fifty Five Thousand Eight Hundred Dollars($55,800),with a One Thousand Two Hundred
Dollars ($1,200) contingency for consultation service for hurricane or severe weather.
NOW THEREFORE, in consideration of the promises and the mutual covenants herein
name, the parties agree as follows:
1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and
made a part hereof for reference.
2. SERVICES. Contractor agrees to restore and install the Rising Horizon sculpture at Town
Center Park located at 17200 Collins Ave, Sunny Isles Beach, Florida 33160, as more particularly
described in Attachment "A". The Services shall be performed by Contractor to the full satisfaction
of the City. Contractor agrees to furnish all labor, materials, and installation in a good and
workmanlike and professional manner.
Contractor further agrees to provide an annual maintenance plan for the Project, as more
particularly described in Attachment "A". Contractor agrees to have a qualified representative to
audit and inspect the Services provided on a regular basis to ensure all Services are being performed
in accordance with the City's needs and pursuant to the terms of this Agreement, and shall report to
the City accordingly.
Contractor agrees to immediately inform the City via telephone and in writing of any
problems that could cause damage to the City's property, improvements and persons. Contractor
will require its employees to perform their work in a manner befitting the type and scope of work to
be performed. In the event that the Contractor fails to complete the performance pursuant to the
terms of this Agreement and City must undertake the completion of performance of Services,
Contractor agrees to indemnify the City for all costs incurred with respect to completion of those
Services and any damages the City may suffer as a result of the failure of performance by Contractor.
072-2853 —0. Haligon Fine Art Studio, Inc
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Notwithstanding the foregoing,the City agrees to furnish the crane to assist in the installation
of the sculpture.
3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth
hereunder, the term of this Agreement shall begin upon the execution date of this Agreement and
the Services shall be required to be completed no later than five(5)months from the date of issuance
of Notice to Proceed from the City Manager or his designee. Contractor acknowledges that
compliance with the commencement and completion schedule is the essence of this Agreement.
4. COMPENSATION. The Contractor agrees to provide the desired Services of restoration,
repair, and installation to the City in a total amount not to exceed Fifty Three Thousand Dollars
($53,000.00). The City agrees to pay the Contractor the additional sum of Two Thousand Eight
Hundred Dollars ($2,800) for an annual maintenance plan. Payment to Contractor for all charges
and tasks under this Agreement shall be in accordance with this Agreement and the schedule of
charges reflected in Attachment "A" and under the following conditions:
a. Disbursements. There are no reimbursable expenses associated with this contract.
b. Payment Schedule. Compensation shall be provided in three installments: (1)
$20,000 upon execution of the Agreement; (2) $16,500 upon the completion of the
mold; (3) $16,500 upon complete installation and approval by the City. Invoices
received from the Contractor pursuant to this Agreement will be reviewed by the
initiating City Department. Payment will not be disbursed until completion of
service. If services have been rendered in conformity with the Agreement,the invoice
will be sent to the Finance Department for payment. Invoices must reference the
contract number assigned hereto. Invoices will be paid in accordance with the State
of Florida Prompt Payment Act.
c. Availability of Funds. The City's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation for its purpose by the City
Commission.
d. Hurricane/Severe Weather Contingency. The City agrees that in the event of a
hurricane or severe weather condition that is announced in advance that is to affect
the geographical area of the Project, the City may contact the Contractor to assess
the threat to ensure safe conditions as set forth in Attachment "A". If consultation
services are required, the City agrees to pay the Contractor an amount not to exceed
One Thousand Two Hundred Dollars ($1,200) per intervention.
e. Final Invoice. In order for both parties herein to close their books and records, the
Contractor will clearly state "final invoice" on the Contractor's final/last billing to
the City. This certifies that all services have been properly performed and all charges
and costs have been invoiced to the City. Since this account will thereupon be closed,
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
any other additional charges, if not properly included on this final invoice,are waived
by the Contractor.
Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits,
overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor
with the prior written approval of the City. If the City disputes any charges on the invoices, it may
make payment of the uncontested amounts and withhold payment on the contested amounts until
they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or
make it a guarantor of payment or surety for any contract, debt, obligation,judgment, lien, or any
form of indebtedness. The Contractor further warrants and represents that it has no obligation or
indebtedness that would impair its ability to fulfill the terms of this Agreement.
5. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent
contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any
action of the parties shall be construed to constitute or to render the Contractor an employee,partner,
agent, shareholder, officer or in any other capacity other than as an independent contractor other
than those obligations which have been or shall have been undertaken by the City. Contractor shall
be responsible for any and all of its own expenses in performing its duties as contemplated under
this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The
City shall have no duty to withhold any Federal income taxes or pay Social Security services and
that such obligations shall be that of the Contractor, other than those set forth in this Agreement.
Contractor shall furnish its own transportation, office and other supplies as it determines necessary
in carrying out its duties under this Agreement.
6. ADDITIONAL SERVICES. All payments to Contractor shall be based on invoices
submitted to the City. The City shall only reimburse Contractor for services authorized pursuant to
this Agreement. Any additional work performed by Contractor that is outside the scope of Services
contained herein shall be required to be pre-authorized in advance in writing by the City Manager
or his designee. In the event the Contractor performs work that it outside the scope of Services, and
does not obtain the required pre-authorization in writing from the City Manager or his designee,
then the City shall not be under any legal obligation to reimburse Contractor for said additional
Services.
7. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the
Contractor pursuant to this Agreement and related Services to this Agreement are intended and
represented for the ownership of the City only. Any other use by Contractor or other parties shall
be approved in writing by the City. If requested, Contractor shall deliver the documents to the City
within fifteen (15) calendar days.
8. UNDISCLOSED CONDITIONS. In the event that undisclosed conditions are discovered
during the performance of this Agreement, the City shall have the right to cancel this Agreement
upon thirty(30)days written notice to contractor. Upon termination, the City may re-bid the project
if the contractor fails to perform under this Agreement due to the undisclosed conditions.
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
9. LIQUIDATED DAMAGES AND OTHER REMEDIES FOR DELAY. In the event the
Services are not completed within Five (5) months from the date of issuance of Notice to Proceed
from the City Manager or his designee, and in the absence of any extended deadline granted by City,
then the Contractor shall be required to pay a liquidated damage penalty of Five Hundred Dollars
($500.00) for each calendar day beyond the One Hundred Fifty (150) day completion period,
continuing to the time at which the Services are complete. Such amount is the actual cash value
agreed upon as the loss to City resulting from Contractor's delay. Additionally, the City shall also
be entitled to withhold 50%of the total Compensation to be paid to Contractor until final completion
and acceptance of the Services.
10. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work
being performed under this Agreement, procure and maintain the following minimum insurance
coverages to protect the City and Contractor against all loss, claims, damage and liabilities caused
by Contractor, its agents, or employees, as indicated below:
❑ Comprehensive General Liability Insurance, including broad form
contractual liability coverage for all operations, including, but not limited to,
contractual, products, and completed operations, personal injury and
property damage liability with minimum limits of One Million Dollars
($1,000,000) per occurrence.
❑ Worker's Compensation, as required by the State of Florida Employer's
Liability.
❑ Professional Liability Insurance, with a minimum limit of not less than One
Million Dollars ($1,000,000.00) per claim and aggregate for errors and/or
omissions of Consultant in the performance of this Agreement
Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or
self-insurance maintained by the City. Such insurance shall not diminish Contractor's
indemnification and obligations hereunder. The insurance policy(ies) shall be issued by companies
authorized to do business under the laws of the State of Florida and acceptable to the City with a
minimum A.M. Best rating of A-Excellent. Before any work under this Agreement is performed,
and at any time upon request, Contractor shall furnish to the City certificates of insurance
evidencing the minimum required coverage and shall be appropriately endorsed for
contractual liability, with the City named as additional insured. All policies shall contain a
waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by
insurance companies acceptable to the City Manager or his designee. All insurance policies and
certificates of insurance shall provide that the policies may not be canceled or altered without thirty
(30) days prior written notice to the City. The City reserves the right from time to time to change
the insurance coverage and limits of liability required to be maintained by Contractor hereunder.
Contractor shall also require and ensure that each of its sub-contractors providing services hereunder
(if any) procures and maintains, until the completion of the services, insurance of the types and to
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS
IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY.
11. WARRANTY OF SERVICES
11.1 The Contractor shall warrant its services against faulty labor and/or defective
material for a minimum period of two (2) years from the date the Services are
complete and accepted by the City. The Contractor shall warrant that the Services
conform to the Agreement and are free of any patent and/or latent defect of the
workmanship for the periods established in the Contractor's proposal, attached
hereto as Attachment "A". This warranty shall be in addition to whatever rights the
City may have under state or federal law. The Contractor's obligation under this
warranty shall be at its own cost and expense, to promptly repair or replace
(including cost of removal and installation), that item (or part or component
thereof) which proves defective or fails to comply with the Agreement within the
warranty period such that it complies with the Agreement.
11.2 Contractor warrants to the City that all materials and equipment furnished under
this Agreement will be new unless otherwise specified and will be of good quality,
free from faults and defects and in conformance with the Agreement. All equipment
and materials not conforming to these requirements, including substitutions not
properly approved and authorized, may be considered defective. If required by City
or its designee, Contractor shall furnish satisfactory evidence as to the kind and
quality of materials and equipment. This warranty is not limited by any other
provisions within this Agreement.
11.3 Contractor shall provide to the City or its designee all manufacturers' warranties. All
warranties, expressed and/or implied, shall be given to the City for all material and
equipment covered by this Agreement. All material and equipment furnished shall
be fully guaranteed by the Contractor against factory defects and workmanship. At
no expense to the City, the Contractor shall correct any and all apparent and latent
defects that are required under state or federal law.
12. DEFECTIVE WORK
12.1 The City or its designee shall have the authority to reject or disapprove work which
is found to be defective. If defective work is found, Contractor shall promptly either
correct all defective work or remove such defective work and replace it with non-
defective work. Contractor shall bear all direct and indirect costs of such removal
or corrections including cost of testing laboratories and personnel.
12.2 Should Contractor fail or refuse to remove or correct any defective work or to make
any necessary repairs in accordance with the requirements of this Agreement
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
within the time indicated in writing by the City Manager or its designee, the City
shall have the authority to cause the defective work to be removed or corrected, or
make such repairs as may be necessary at Contractor's expense. Any expense incurred
by the City in making such removals, corrections or repairs, shall be paid for out of
any monies due or which may become due to Contractor. In the event of failure of
Contractor to make all necessary repairs promptly and fully, which is not cured in the
cure period, the City may declare Contractor in default.
12.3 If, within two (2) years after the date of completion of Services or such longer
period of time as may be prescribed by the terms of any applicable special
warranty required by the Contract Documents, or by any specific provision(s) of
this Agreement, any of the work is found to be defective or not in accordance with this
Agreement,Contractor,after receipt of written notice from the City or its designee,shall
promptly correct such defective or nonconforming work within the time specified by the
City without cost to the City. Nothing contained herein shall be construed to
establish a period of limitation with respect to any other obligation which
Contractor might have under this Agreement including but not limited to any claim
regarding latent defects.
12.4 Failure to reject any defective work or material shall not in any way prevent
later rejection when such defect is discovered, or obligate the City to final
acceptance.
12.5 Where the City or its designee becomes aware of faults, defects or non-conformity
in any of the work provided under this Agreement or with the work being performed
by the Contractor, the City or its designee shall issue a Notice to Cure to the
Contractor for correction. In no event shall the failure of the City or its designee to
bring to the attention of the Contractor of such faults act as a waiver or release the
Contractor from responsibility or liability for such fault, defect or non-conforming
work.
13. TERMINATION AND REMEDIES FOR BREACH.
A. If, through any cause within reasonable control, the Contractor shall fail to fulfill in
a timely manner or otherwise violate any of the covenants, agreements or stipulations
material to this Agreement, the City shall have the right to terminate the Services then
remaining to be performed. Prior to the exercise of its option to terminate for cause,
the City shall notify the Contractor of its violation of the particular terms of the
Agreement and grant Contractor ten (10) days to cure such default. If the default
remains uncured after ten (10) days the City may terminate this Agreement, and the
City shall receive a refund from the Contractor in an amount equal to the actual cost
of a third party to cure such failure. If Contractor fails, refuses or is unable to perform
any term of this Agreement, City shall pay for services rendered as of the date of
termination.
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
(i.) In the event of termination, all finished and unfinished documents, data and other
work product prepared by Contractor (and sub-Contractor (s)) shall be delivered
to the City and the City shall compensate the Contractor for all Services
satisfactorily performed prior to the date of termination,as provided in Paragraph
4 herein.
(ii.) Notwithstanding the foregoing, the Contractor shall not be relieved of liability to
the City for damages sustained by it by virtue of a breach of the Agreement by
Contractor and the City may reasonably withhold payment to Contractor for the
purposes of set-off until such time as the exact amount of damages due the City
from the Contractor is determined.
B. Termination for Convenience of City. The City may, for its convenience and without
cause immediately terminate the Services then remaining to be performed at any time
by giving written notice. The terms of Paragraph A(i) and A(ii) above shall be
applicable hereunder.
C. Termination for Insolvency. The City also reserves the right to terminate the
remaining Services to be performed in the event the Contractor is placed either in
voluntary or involuntary bankruptcy or makes any assignment for the benefit of
creditors.
14. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall be
interpreted and construed in accordance with and governed by the laws of the State of Florida. All
parties agree and accept that jurisdiction of any dispute or controversy arising out of this Agreement,
and any action involving the enforcement or interpretation of any rights hereunder shall be brought
exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, and venue for
litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other
jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. In
the event it becomes necessary for the City to file a lawsuit to enforce any term or provision under
this Agreement, then the City shall be entitled to its costs and attorney's fees at the pretrial, trial and
appellate levels. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY
HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY
JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. Nothing in this
Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity,
defense, or privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes.
15. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of
this Agreement or any time for a period of 10 (Ten) years subsequent to that date upon which the
Contractor shall leave the employment of the City for any reason whatsoever, disclose to any person
or entity, other than in the discharge of the duties of the Contractor under this Agreement, any
information which the City designates in writing as "confidential." As a violation by the Contractor
of the provisions of this Section could cause irreparable injury to the City and there is no adequate
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
remedy at law for such violation, the City shall have the right, in addition to any other remedies
available to it at law or in equity, to enjoin the Contractor from violating such provisions.
16. NOTICES. All notices and other communications required or permitted to be given under
this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise
provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt
requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii)
by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered
mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally
recognized courier service), addressed to such party as follows:
If to the City: Christopher J. Russo With a copy to:
City Manager Hans Ottinot
City of Sunny Isles Beach City Attorney
18070 Collins Avenue City of Sunny Isles Beach
Fourth Floor 18070 Collins Avenue
Sunny Isles Beach, Florida 33160 Fourth Floor
Tel: (305) 792-1776 Sunny Isles Beach, Florida 33160
Tel: (305) 792-1766
If to the Contractor: Oliver Haligon
Owner
O. Haligon Fine Art Studio, Inc.
6724 NE 4th Avenue
Miami, FL 33138
Tel: (305) 495-7197
Email: haligonfineart@gmail.com
17. AUDIT. The Contractor shall make available to the City or its representative all required
financial records associated with the Agreement for a period of Three (3) years.
18. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil
rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the
Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of
1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities
Act of 1990,the Age Discrimination Act of 1975,Executive Order 11063, and with Executive Order
11248 as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate
against any employee or applicant for employment because of race, color, creed, religion, ancestry,
national origin, sex, disability or other handicap, age, marital/familial status, or status with regard
to public assistance. The Contractor will take affirmative action to insure that all employment
practices are free from such discrimination. Such employment practices include but are not limited
to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff,termination, rates of pay or other forms of compensation,and selection for training, including
apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the City setting forth the provisions of this
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
non-discrimination clause. The Contractor agrees to comply with any Federal regulations issued
pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which
prohibits discrimination against the handicapped in any Federally assisted program.
19. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the
Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by Chapter 33
of the City of Sunny Isles Beach Code of Ordinances, which are incorporated by reference herein
as-if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor
covenants that it presently has no interest and shall not acquire any interest, directly or indirectly
which could conflict in any manner or degree with the performance of the Services. The Contractor
further covenants that in the performance of this Agreement, no person having any such interest
shall knowingly be employed by the Contractor. The Contractor guarantees that he/she has not
offered or given to any member of, delegate to the Congress of the United States, any or part of this
contract or to any benefit arising therefrom.
20. INDEMNIFICATION AND WAIVER OF LIABILITY. The Contractor agrees, to the
fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents,
representatives,officers,directors,officials and employees from and against claims,damages, losses
and expenses (including but not limited to attorney's fees, arbitration costs, and costs of appellate
proceedings) relating to, arising out of or resulting from the Contractor's negligent acts, errors,
mistakes or omissions relating to professional Services performed under this Agreement. The
Contractor's duty to defend, hold harmless and indemnify the City, its agents, representatives,
officers, directors, officials and employees shall arise in connection with any claim, damage, loss or
expense that is attributable to bodily injury; sickness; disease; death; or injury to impairment, or
destruction of tangible property including loss of use resulting therefrom, caused by any negligent
acts, errors, mistakes or omissions related to Services in the performance of this Agreement
including any person for whose acts, errors, mistakes or omissions the Contractor may be legally
liable. The parties agree that ten percent(10%) of the total compensation is a specific consideration
from the City to the Contractor for the indemnification set forth herein.
21. PUBLIC RECORDS. The Contractor shall be required to comply with the following
requirements under Florida's Public Records Law:
(i.) Contractor shall keep and maintain public records required by the City to perform the
service.
(ii.) Upon request from the City, Contractor shall provide the City with a copy of the
requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes,
or as otherwise provided by law.
(iii.) Contractor shall ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as authorized by
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
law for the duration of the contract term and following completion of the contract if the
Contractor does not transfer the records to the City.
(iv.) Contractor shall, upon completion of.the contract, transfer, at no cost, to the City all
public records in possession of the Contractor or keep and maintain public records
required by the City to perform the service. If the Contractor transfers all public records
to the City upon completion of the contract, the Contractor shall destroy any duplicate
public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided by
Contractor to the City, upon request from the City, in a format that is compatible with
the information technology systems of the City.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC
RECORDS AT (305) 792-1703, CityClerk@sibfl.net, 18070 Collins Avenue, 4th
Floor, Sunny Isles Beach, Florida 33160.
22. MISCELLANEOUS.
A. In the event any provision of this Agreement is found to be void and unenforceable
by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless
be binding upon the parties with the same effect as though the void or unenforceable provisions had
been severed and deleted.
B. This Agreement may be executed in multiple identical counterparts, each of which
shall be deemed an original for all purposes.
C. No waiver of any provision of this Agreement shall be valid or enforceable unless
such waiver is in writing and signed by the party granting such waiver.
D. Each individual executing this Agreement on behalf of a party hereto hereby
represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized
by all necessary and appropriate action to execute this Agreement on behalf of such party and does
so with full legal authority to bind their respective party to this Agreement.
E. This Agreement contains the entire agreement of the parties, and may be amended,
waived, changed, modified, extended or rescinded only by in writing signed by the party against
whom any such amendment, waiver, change, modification, extension and/or rescission is sought.
072-2853—0. Haligon Fine Art Studio, Inc. 10
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
F. If there is a conflict or inconsistency between any term, statement, requirement, or
provision of any exhibit attached hereto,any document or events referred to herein,or any document
incorporated into this Agreement, the term, statement, requirement, or provision contained in this
Agreement shall prevail and be given superior effect and priority over any conflicting or inconsistent
term,statement, requirement or provision contained in any other document or attachment, including
but not limited to Attachment"A".
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
on the day and year first written above.
WITNESS: 0. HALIGON FINE ART STUDIO INC.
BY:
Signature Oliver Haligon, Owner
Print Name
ATTEST: CITY OF SUNNY ISLES BEACH
wAtrAil [Y!
BY: • _.. BY: 64/74 •
Mauricio B tanct r, CMC, City Clerk Christopher Russo, City Manager
APPROVED AS TO FORM AND
0 LEGAL SUFFIC i Y
Adult
BY: `, . ��`� / BY. 4//_��II 177,
epartment Head '!mss l!ttinot, Cit 'Attorn:
072-2853 —0.Haligon Fine Art Studio,Inc. It
I HALIGON
It ) FINE ART
INVOICE
•
To:City of Sunny Isles Beach March 16, 2018
No 180303
Restoration of "Rising Horizon" by Rafael Barrios
The sculpture is broken in 2 separate pieces. It is structurally too damaged to be restored.
However, we can save the circular base in stainless steel. We need to re-make the sculpture
with a stainless-steel structure.
Production process:
1- Making a wood and melamine mold identical to the original shape of the sculpture.
2- Making a very strong fiberglass cast with urethan foam core
3- Making of the stainless-steel structure
4- Closing the mold with epoxy fiberglass
5- Unmolding
6- Sanding and finishing of the surface
7- Spraying of a sanding primer,sanding, finishing
8- Spraying of a white bi-component urethane paint. Sanding
9- Spraying of the magenta in bi-component urethane paint. Sanding
10-Spraying of a final clear coat in bi-component urethane,UV resistant
11-Delivery and installation on site
TOTAL: $ 53,000
Pre-payment required: $ 20,000
► Lead time: 5 months
► Payments Schedule: $ 20,000 as pre-payment, $ 16,500 when the mold is done, $ 16,500
at installation
Check payable to:O. Haligon Fine Art Studio Inc.
6724 NE 4th Avenue, Miami, Fl 33138
(305) 495-7197- haligonfineart@gmail.com
www.haligonfineart.com
Attachment "A"
(SIHALIGON
FINE ART
ESTIMATE
To:City of Sunny Isles Beach March 22, 2018
•
Annual Maintenance plan for "Rising Horizon"
by Rafael Barrios
Quarterly cleaning of the sculpture:
Our experienced team will come on site every 3 month to clean the sculpture by light
pressure wash. Then the piece will be dried carefully.
We will also do an inspection of the piece to make sure the piece is in good condition and
prevent any damages.
This plan is to be paid upfront each year(starting when we install the piece).The first cleaning
will be done 3 months after installation.
Total per year: $ 2,800
In the event of a Hurricane:
It is mandatory to contact us when a hurricane is announced to hit Miami area. We wiil then
assess the threat and decide if the sculpture needs to be laid down. (free of charge)
If it is necessary to lay down,we will take charge of laying it down and bringing it back up
after the storm. (the crane is not included)
Each intervention: $ 1,200
Check payable to:0. Haligon Fine Art Studio Inc.
6724 NE 4th Avenue, Miami, Fl 33138
(305) 495-7197- haligonfineart@gmail.com
www.haligonfineart.com
HALIGON
FINE ART
March 28th 2018
Rebuilding of "Rising Horizons" by Rafael Barrios
16' 5" high
The HALIGON's family studios were established around 1875. From generation to
generation, the passion of sculpting was inherited. The Haligons have participated in the
construction of the Statue of Liberty by Bartholdi in the 1880's for New York City.
Olivier Haligon opened his studio in Miami, FL, in 1998 and has achieved a strong
international reputation among the Art world.Since 2010,Caroline Haligon is working alongside
her father to perpetuate the long lasting family tradition and craftmanship.
Haligon Fine Art Studio has worked with some of the most renowned contemporary
artists, architects and designers, such as Carpeaux, Bartholdi, Rodin, Picasso, Giacometti, Miro,J.
Dubuffet, Cesar, Botero, Arman, R. Mason, Niki de Saint Phalle,J.P. Raynaud, Herve Di Rosa, R.
Barrios,M. Wanders,...
Haligon Fine Art has been working with Rafael Barrios for more than 10 years. We have
fabricated hundreds of sculptures for M. Barrios from small editions to monumental (for example,
9 monumental sculptures in Park avenue, NYC in 2012). Moreover,we are the official restorer of
the works of Barrios. Finally, Haligon Fine Art build the original sculpture in 2006.
Our unique expertise in engineering and excellent craftmanship make the Haligon studio
most qualified to execute the rebuilding of Rising Horizons.
6724 NE 4th Avenue, Miami, Fi 33138
(305) 495-7197- haligonfineart@gmail.com
www.haligonfineart.com
4/12/2018 Item Coversheet
In
Uµ4Y S;
oj-: ,, City of Sunny Isles Beach
4 =\ 18070 Collins Avenue
' ( � 'lZ
:::7::::!:a::
Florida 33160
'•,, 5,,„,.' (305)949-3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo, City Manager
FROM: Sylvia Flores, Director of Cultural &Community
Services
DATE: 4/19/2018 '
Ratification of Agreement with O. Haligon Fine Art
RE: Studio Inc. in the Amount of$55,800,with contingency
amount of$1,200.
RECOMMENDATION:
This resolution is presented for your consideration.
REASONS:
During Hurricane Irma, the artwork, Rising Horizons by Rafael Barrios,
located at Town Center Park, was damaged. The City contacted the
vendor, O. Haligon Fine Art Studio, Inc., who built the original
sculpture based on the artist's specifications, and they came to assess
the damage. They found that the artwork was damaged beyond repair,
and would need to be rebuilt.
O. Haligon Fine Art-Studio, Inc. has provided a quote for $53,000 to
rebuild the artwork, and has proposed an additional $2,800 annually,
to provide quarterly maintenance, to ensure longevity of the piece.
Based on the artistic nature of this work and their previous experience
with the sculpture, O. Haligon Fine Art Studio Inc. is recommended to
do this work. The City Manager approved entering into the contract
with O. Haligon for these funds, and this resolution is to ratify that
expenditure.
ADDITIONAL INFORMATION:
The City contacted other vendors to research the viability of multiple
quotes, and was able to coordinate visits with two vendors. One was
not interested in pursuing the project due to the size and scope, and
the other was only able to provide a rough estimate for the project,
which was still higher than that provided by O. Haligon Fine Art Studio
Inc.
Item Number: 10.B.
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