2005 0310 Regular City Commission Meeting

Home Browse Search

Summary Minutes: Regular City Commission Meeting March 10,2005 City of Sunny Isles Beach, Florida Procedures; Providing for Severability; Providing for Repealer; Providing for an Effective Date. (First Reading 2/1 0/05) (Deferred by Staff) 10. RESOLUTIONS lOA. A Resolution ofthe City Commission ofthe City of Sunny Isles Beach, Florida, Entering into an Agreement between the City of Sunny Isles Beach and F.D.F. Designs Studio, for Commissioned Art Work at the Samson Oceanfront Park, in an Amount of$190,000.00, Attached hereto as Exhibit "A"; Authorizing the Mayor to Execute Said Agreement; Authorizing the City Manager to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: [City Clerk's Note: Item was approved to be heard out of order.] City Clerk Hines read the title and Assistant to the City Manager Jeff Maxim reported. Public Speakers: none Mayor Edelcup said he had asked the City Attorney that in the event the artist should die before the completion of the work of art, that we have language in the contract that would have the City take over the work of art and be able to finish it on its own and that the artist's estate would be releasing the City from any further obligation to pay them. City Attorney Dannheisser said in Section 9.4 which deals with the death of the artist automatically terminates the agreement but the Mayor had raised an excellent point, which is in fact there is a death and the agreement is terminated, he would like the City to have the right to secure the work, and so she amended the contract under Section 9.4 at the end of that paragraph, "The City shall have the right to secure with no additional payment for the work, and shall have the right to complete same. Credit will be accorded the artist for his portion of the work." Vice Mayor Thaler asked what is the estimated cost meet, is it fixed, and if it is fixed then let's estimate it out. City Attorney Dannheisser said it is only in the report not in the contract. Commissioner Goodman asked how much of a deposit are we giving him, and how are the payments going to be made, and City Manager Russo said the schedule is in there, and Mayor Edelcup said it is in Exhibit B, page 95. City Attorney Dannheisser said it specifies the deposit of$57,000.00 which is 30% and then each payment thereafter, and there is a 20% holdback. Commissioner Iglesias moved and Vice Mayor Thaler seconded a motion to approve the resolution, with the amended contract. Resolution No. 2005-774 was adopted by a voice vote of 5-0 in favor. lOB. A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Approving an Agreement with the Village of Miami Shores and Participating Municipal Police Departments for Police Mutual Aid; Authorizing the City Manager to Execute the Agreement and to Do All Things Necessary to Effectuate the Intent of this Resolution; 12