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HomeMy WebLinkAboutReso 2013-2018 RESOLUTION NO. 2013-2.018 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH ELLEN J. UGUCCIONI TO SERVE AS CONSULTANT TO THE CITY OF SUNNY ISLES BEACH HISTORIC PRESERVATION BOARD; PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 15. 2004, through Ordinance No. 2004-197, The City of Sunny Isles Beach created the Historic Preservation Board (Board) to advise the City Commission on all matters relating to the historical, cultural, archaeological, and architectural resources in the City: and WHEREAS, §171-3, Chapter 171 of the City of Sunny Isles Beach Municipal Code sets forth the duties of the Historic Preservation Board: and WHEREAS, Ellen J. Uguccioni has agreed to serve as consultant to the Historic Preservation Board: and WHEREAS, the City Commission wishes to approve the agreement with Ellen J. Uguccioni. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of the Agreement. The City Commission hereby approves the Agreement between The City of Sunny Isles Beach and Ellen J. Uguccioni to act as consultant to the Historic Preservation Board of the City of Sunny Isles Beach attached hereto as Exhibit "A" is hereby approved. Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 3. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 17th day of January 2013. b.orman S. Edelcup, Mayor Resolution To Appoint Ellen Uguccioni As Historic Preservation Board Administrator Page I of 2 r ' ATTEST: • Jane A. Hines.Citbtlerk APPROVED AS TO FORM AND LEG. SUFFICIENCY: aL//,1 Ottmot. City Attorney Moved by: CO rvvv;uAh,Cej„N G.401_L Seconded by: l�vw.vw�C$to o4_e_ Cr D Vote: 5-0 - Mayor Edelcup V(Yes) (No) Vice Mayor Aelion V(Yes) (No) Commissioner Gatto f/(Yes) (No) Commissioner Levin I/ (Yes) (No) Commissioner Scholl V(Yes) (No) Resolution To Appoint Ellen Uguccioni As Historic Preservation Board Administrator Page 2 of 2 o •. CITY OF SUNNY ISLES BEACH AGREEMENT WITH ELLEN J. UGUCCIONI AS LIAISON TO THE CITY'S HISTORIC PRESERVATION BOARD CONTRACT NO. C1213-001 THIS AGREEMENT,entered into this t day of JBt‘"01 Q- • 2013, by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to the "City") and ELLEN J. UGUCCIONI (hereinafter referred to as the "Consultant"), RECITALS WHEREAS, the City is in need of a consultant to serve as a liaison to the City's Historic Preservation Board, WHEREAS, the Consultant is qualified, willing and able to provide the Services on the terms and conditions set forth herein; and WHEREAS, the City desires to enter into this Agreement with Consultant for certain consulting/liaison services to the City's Historic Preservation Board, as more thoroughly described in Exhibit "A", attached hereto and incorporated herein by reference. NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, representations and warranties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, 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. Consultant shall provide the Services to the City, as more thoroughly described in attached Exhibit "A", in a manner befitting a professional consultant to the City's Historic Preservation Board. 3. TERM. The term of this Agreement shall commence from the execution date of this Agreement and shall end one (1) year thereafter. 4. COMPENSATION. Payment to Consultant for all charges and tasks under this Agreement shall be One Hundred Fifty Dollars ($150.00) per hour for the specifically described tasks, and Five Hundred Dollars ($500.00) flat rate to attend each Historic Preservation Board meeting, as more fully described in attached Exhibit "A". The Consultant 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 Consultant 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 Consultant. 5. INDEPENDENT CONTRACTOR RELATIONSHIP The Consultant 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 consultant 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, Consultant 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 Consultant. 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 Consultant, other than those set forth in this agreement. Consultant shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this agreement. 6. DUTY TO DEFEND, INDEMNIFY AND HOLD HARMLESS. Consultant agrees to defend, indemnify and hold harmless, the City, its officers, agents, employees from, and against any and all claims, actions, liabilities, losses and expenses including, but not limited to, attorney's fees for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or may be alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, agents or other personal entity acting under Consultant's control in connection with the Consultant's performance of Services under this Agreement and to that extent the Consultant shall pay such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses including wrongful termination or allegations of discrimination or harassment, and shall pay all costs and attorneys' fees expended by the City in defense of such claims and losses including appeals. The parties agree that ten percent (10%) of the total compensation is a specific consideration from the City to the Consultant for this indemnity. 7. TERMINATION. A. If, through any cause within the reasonable control the Consultant 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 Consultant of its violation of the particular terms of the agreement and grant Consultant ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this agreement (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Consultant (and sub consultant(s)) shall be delivered to the City and the City shall compensate the Consultant for all services satisfactorily performed prior to the date of termination, as provided in Paragraph 4 herein. (ii.) Notwithstanding the foregoing, the Consultant shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the agreement by Consultant and the City may reasonably withhold payments to Consultant for the purposes of set-off until such time as the exact amount of damages due the City from the Consultant is determined. Page 2 of 5 B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the services then remaining to be performed at any time by giving written notice which shall become effective ten (10) days following receipt by Consultant. The terms of Paragraphs A(i)and (ii)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 Consultant is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 8. 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) 792-1701 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1702 If to the Consultant: Ellen J. Uguccioni Cultural Resource Consultant 1115 Obispo Avenue Coral Gables, FL 33134 Tel: (305) 445-5023 Fax: (305) 445-8495 Email: ellenugucci@bellsouth.net 9. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 10. 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 and 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. Page 3 of 5 11. RECORDS AND AUDITS. The Consultant shall maintain records, adequate to identify and accounts for all costs pertaining to this Agreement and such other records as may be deemed nececcary to assure proper accounting for all funds paid to Consultant under this Agreement. 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. 12. NO 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. 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. PARTIAL INVALIDITY. The invalidity of any portion of this Agreement shall not be deemed to affect the validity of any other provision. If any provisions 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. 15. CONFLICTING PROVISIONS. The terms and conditions in this agreement supersede any other conflicting provisions that are contained in any other document, including but not limited to any attachments hereto. 16. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by a writing signed by the party against whom any such amendment, waiver,change, modification, extension and/or rescission is sought. [Remainder of this page intentionally left blank] Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. NESS #1: (( Si ature catt.lH of e tie-- BY: IL Print Name / Ell- ' guc'ioni WITNESS #2: Signature 14 nQ Print Name ATTEST: CITY OF SUNNY ISLES BEACH ,► � �BY: i A. ♦. BY: Jane A. Hines, CMC, City Clerk Christopher f Russo APPROVED AS TO FORM AND LEGAL SUFFICI - CY / / B Ltd ans Y root,City Attorney Page 5 of 5 Ellen J. Uguccioni ♦*♦ Cultural Resource Consultant 01115 Obispo Avenue 0 Coral Gables,FL 33134 Phone:(305)445-50230 Fa(3(6)445-8495 0 E-mail:elknuglsci t eEoutMe CONSULTANT SERVICES PROPOSAL FOR THE CITY OF SUNNY ISLES BEACH TO ACT AS THE PERMANENT LIAISON TO THE CITY'S HISTORIC PRESERVATION BOARD January 9, 2013 In 2004 the City Commission of the City of Sunny Isles Beach [the city] created a seven member Historic Preservation Board [the Board] to act as an advisory board to the City Commission on all matters related to the historical, cultural, and archaeological and architectural resources in the city. Section 171-3 of Chapter 171 of the City Code sets forth the duties of the Historic Preservation Board. The Historic Preservation Board Administrator functions as staff to the historic preservation board and is responsible for the liaison between the city and the historic preservation board. The duties of the Administrator includes, but is not limited to the following: Scheduling a meeting at least four (4) times per calendar year Creating the agenda for each meeting, and carrying out notifications as necessary. Informing the Board on all matters having to do with historic resources, and/or the city's proposed projects that affect designated historic 1 landmarks. Preparing Historic Landmark Designation reports as assigned. Preparing Certificates of Appropriateness' for designated historic landmarks as assigned. Exhibit "A" • lb January 9,2013 Conducting educational sessions for the Board on the practice of historic preservation and their role in said preservation. Maintaining the files of the Historic Preservation Board that includes the minutes of each meeting. Reporting annually to the Clerk of Miami-Dade County through their Historic Preservation Chief, on the progress and programs of the Board's work in the past year. Fulfilling the requirements of all other duties as assigned. Ellen J. Uguccioni, as the Historic Preservation Board Administrator, should this proposal be approved, shall be compensated as follows. The sum of$500.00 for each historic preservation board meeting. The preparation of the agenda, notices, historic designation reports and Certificates of Appropriateness shall be billed at an hourly rate of $150.00. The time spent in preparing special education sessions for the board shall also be billed at a rate of$150.00 per hour. Attendance at required meetings, other than the Historic Preservation Board, shall be billed at $150.00 per hour. Any other duties assigned and approved by competent authority shall also be billed at $150.00 per hour. Thank you for this opportunity to serve the City of Sunny Isles Beach. Sincerely, Ellen J. Uguccioni Preview Paee 1 of 1 k„,.$0. sc City of Sunny Isles Beach % 18070 Collins Avenue — x Sunny Isles Beach, Florida 33160 ,-- =`oa/ y.,` (305)947-0606 City Hall °',. °i sum � (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Hans Ottinot, City Attorney DATE: 1/17/2013 RE: Approving Consultant Agreement with Ellen Uguccioni RECOMMENDATION: This Resolution is presented for your consideration. REASONS: Due to the indefinite leave of absence of City Historian, Richard Schulman. the City is in need of a permanent liaison to the Historic Preservation Board. Historic Preservation Expert. Ellen Uguccioni. has agreed to serve as a liaison to the Historic Preservation Board. The attached Agreement requires the City to pay Ms. Uguccioni $500.00 per meeting for working as a liaison to the Board. Ms. Uguccioni will charge $150.00 per hour for other services. ATTACHMENTS: Resolution • Agreement http://sibaeenda.sibfl.net/Aeenda/Preview.aspx?Iteml D=964&Meeting]D=0&MeetingDate... 1/11/2013 rINY tSt�, City Commission City of Sunny Isles Beach=���se Norman S.Edeleup,Mayor m 18070 Collins Avenue. Suite 250 Isaac Aelion.Vice Mayor ti 0-: n Jeanette Gam. Commissioner �, , Sunny Isles Beach. Florida 33160 Jennifer Levin.Commissioner }y (305)947-0606 City Hall George-Bud"Scholl.Commissioner (305)949-31 13 Fax A 'Dr eLOPSO�s�. (305)947-2150 Building Department Christopher J.Russo City Manager• E°r r t o N° (305)947-5107 Fax Hans Ottinot.City Attorney � ' or sue Jane A.Hines,CMC.Ciry•Clerk MEMORANDUM TO: The Honorable City Commission�/ — FROM: Hans Ottinot, City Attorney� �/ DATE: January 17, 2013 lJ RE: Approving Consultant Agreement with Ellen Uguccioni RECOMMENDATION: This Resolution is presented for your consideration. REASONS: Due to the indefinite leave of absence of City Historian, Richard Schulman. the City is in need of a permanent liaison to the Historic Preservation Board. Historic Preservation Expert, Ellen Uguccioni, has agreed to serve as a liaison to the Historic Preservation Board. The attached Agreement requires the City to pay Ms. Uguccioni $500.00 per meeting for working as a liaison to the Board. Ms. Uguccioni will charge $150.00 per hour for other services.