HomeMy WebLinkAboutR-94-0649J-94-551
7/5/94
RESOLUTION NO. 9 4__ 649
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH NORA
SWAN, AN INDIVIDUAL, IN_ AN AMOUNT NOT TO
EXCEED $25,000, PLUS OUT-OF-POCKET EXPENSES
NOT TO EXCEED $5,000, FOR PROFESSIONAL
SERVICES FOR A ONE-YEAR PERIOD COMMENCING
SEPTEMBER 1, 1994; ALLOCATING FUNDS THEREFOR
FROM FISCAL YEAR 1994-95 BUDGETED FUNDS OF
THE DIVISION OF DEVELOPMENT, DEPARTMENT OF
DEVELOPMENT AND HOUSING CONSERVATION.
WHEREAS, the film television and recording industries are
growth industries in South Florida, making them an important part
of Miami's eoonomio future; and
WHEREAS, a major factor in local eoonomio development is
assisting growth industries to locate within the City; and
WHEREAS, Nora Swan possesses the professional qualifications
and expertise required to assist the City of Miami in promoting
the film industry;
NOW, THEREFORE,.BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
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94— 649
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Section 2. The City Manager is hereby authorized to
execute an Agreement, in substantially the attached form, with
Nora Swan, an individual, in an amount not to exceed $25,000,
plus out-of-pooket expenses not to exceed $5,000, for
professional servioes related to the planning and implementation
of promotional activities for the enhancement of the film,
television and recording industries in the City of Miami for a
one-year period commencing September 1, 1994, with funds therefor
hereby allooated from Fiscal Year 1994-95 budgeted funds of the
Division of Development, Department of Development and Housing
Conservation.
Seotion 3. This Resolution shall become effeotive
immediately upon its adoption.
PASSED AND ADOPTED this 8th _ day of September 1994.
(;?;,,
5,,. �
STIEPHEN P. CLA , MAYOR
AT *RIRAI
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CITY CLERK
PREPARED AND APPROVED BY:
i
RAFAEL 0. DIAZ
DEPUTY CITY ATTORNEY
ROD:csk:bss:M4444
APPROVED AS TO FORM AND
CORRECTNESS:
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94- 649
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This Agreement entered into this day of 1994, by
and between the City of Miami, a municipal corporation of the State of Florida, hereinafter
referred to as "CITY", and NORA SWAN, an individual. hereinafter referred to as
"CONSULTANT".
WHEREAS, the film, television and recording industries are growth industries in South
Florida making them an important part of Miami's economic future, and
WHEREAS, an important part of the local economic development involves assisting
growth industries to locate and expand within the City; and
WHEREAS, the CONSULTANT possesses the professional qualifications and expertise
required to assist the City of Miami in enhancing and further developing these industries;
WHEREAS, the CONSULTANT has expressed a desire to perform the required
professional services for the CITY:
NOW THEREFORE, in consideration of the mutual covenants and obligations herein
contained, and subject to the terms and conditions hereinafter stated, the parties hereto understand
and agree as follows:
I
The term of this Agreement shall be from September 1, 1994 through August 31, 1995.
SCOPE OF SERVICES:
Under the general supervision of the Department of Development, the CONSULTANT's
responsibilities are as follows:
A) CONSULTANT shall continue efforts to establish a Co -Production Market that would attract
new productions and create new jobs in Miami.
B) CONSULTANT will continue to explore the possibilities of developing Miami as a Co -
Production, Finance and Distribution for film products.
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C) CONSULTANT shall act as a clearinghouse, liaison, and consultant for -all film related
projects.
D) CONSULTANT shall service and assist filmmakers working in Miami during every phase of
their production.
E) CONSULTANT shall continue the development of an aggressive marketing and public
relations campaign to attract the film and video industry to this area.
F) CONSULTANT shall focus on the development of the International Film market with an
emphasis on the Spanish language and Latin American Co -ventures, given Miami's strategic
location, its international banking and transportation infrastructure, and its multi -cultural, multi-.
lingual capabilities, to capture a significant share of this multi -billion dollar industry.
G. CONSULTANT shall assist in the development of a financial base that would be responsive to
the business opportunities of the industry and stimulate the growth of film, video and recordings.
H) CONSULTANT shall represent the Cityof Miami at film related functions and film -related
special events and assist where deemed necessary.
I) CONSULTANT shall plan and oversee seminars, conferences, special events for the City of
Miami that would enhance the growth industry and image of Miami.
n CONSULTANT shall, when deemed necessary, attend conferences, meetings or special events
outside the Miami (expenses to be reimbursed at cost b the City pursuant to Section III.C. herein).
K) CONSULTANT shall work closely with the Coordinator of Film Permitting for Miami, as
necessary.
L) CONSULTANT shall act as liaison between the City of Miami and other Film Offices and
Film Organizations.
M) CONSULTANT shall prepare promotional materials for the film industry.
N) CONSULTANT will provide services as needed.
A. CITY shall pay CONSULTANT as maximum compensation for the services required pursuant
to Article II hereof the sum of Twenty Five Thousand Dollars ($25,000).
B. Such compensation shall be paid for services performed at a $25.00 per hour rate up to a
maximum of 1,000 hours.
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C. Out-of-pocket expenses, as approved by the CITY, will be billed to the CITY at cost, with a
maximum limit of $5,000.
D. CONSULTANT shall submit invoices and supporting documentation (i.e. time records) to,
request payment for services and approved expenses rendered on a monthly basis.
E. CITY shall endeavor to pay CONSULTANT within fifteen (15) working days from the time
the invoice is approved for payment.
F. ,CITY shall have the right to review and audit the time records and related record of
CONSULTANT pertaining to any payment by the CITY.
0
Both parties shall comply with all applicable laws, ordinances and codes of Federal, State
and Local Governments.
V.
A) All notices or other communications which shall or may be given pursuant to this
Agreement shall be in writing and shall be delivered by messenger service or by registered mail
addressed to the other party at the address indicated herein or as the same may be changed from
time to time. Such notice shall be deemed given on the day on which personally served; or, if by
mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier.
CONSULTANT: CITY OF NIIANII:
NORA SWAN DEPARTMENT OF DEVELOPMENT
CONSULTANT DUPONT PLAZA CENTER
5055 COLLINS AVE. 300 BISCAYNE BLVD. WAY
MIANII BEACH, FL MIAMI, FL
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B) Title and paragraph headings are for convenient reference and are not a part of this
Agreement.
C) In the event of conflict between the terms of this Agreement and any terms or
conditions contained in any attached documents, the terms of this Agreement shall rule.
D) No waiver or breach of any provision of this Agreement shall constitute a waiver of
any subsequent breach of the same or any other provision hereof, and no waiver shall be effective
unless made in writing.
E) Should any provisions, paragraphs, sentences, words or phrases contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida or the City of Miami, such provisions,
paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order
to conform with such laws, or if not modifiable to conform with such laws, then same shall be
deemed severable, and in either event, the remaining terms and provisions of this Agreement shall
remain unmodified and in full force and effect.or limitation on its use. CONSULTANT agrees
that all documents maintained and generated pursuant to this contractual relationship between
CITY and CONSULTANT shall be subject to all provisions of the Public Records Law, Chapter
119, Florida Statutes.
A"
OWNERSHIP OF DOCUMENTS
It is further understood by and between the parties that any information, writings, maps,
contract documents, reports or any other matter whatsoever which is given by CITY to
CONSULTANT pursuant to this Agreement shall at all times remain the property of CITY and
shall not be used by CONSULTANT for any other purpose whatsoever without the written
consent of CITY.
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That the obligations undertaken by CONSULTANT pursuant to this Agreement shall not
be delegated or assigned to any other person or firm unless CITY shall first consent in writing to
the performance or assignment of such service or any part thereof by another person or firm.
CITY reserves the right to audit the records of CONSULTANT at any time during the
performance of this Agreement and for a period of three years after final payment is made under
this Agreement.
CONSULTANT warrants that it has not employed or retained any person employed by
CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay
any person employed by CITY any fee, commission, percentage, brokerage fee, or gift of any kind
contingent upon or resulting from the award of this Agreement.
This Agreement shall be construed and enforced according to the laws of the State of
Florida.
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This Agreement shall be binding upon the parties herein their heirs, executors, legal
representatives, successors, and assigns.
.4
The CONSULTANT, shall indemnify and save the CITY harmless from and against any
and all claims, liabilities, losses, and causes of action, which may arise out of the
CONSULTANT's activities under this agreement, including all other acts or omissions to act of
the CONSULTANT, including any person acting for or on its behalf, and, from and against any
orders, judgments or decrees which may be entered, and from and against all costs, attorney's fees,
expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof.
f:4 II
A. CONSULTANT covenants that no person under its employ who presently exercises any
functions or responsibilities in connection with this agreement has any personal financial interests,
direct or indirect, in the work product of this Agreement. The CONSULTANT further covenants
that, in the performance of this Agreement, no person having such conflicting interest shall be
employed. Any such interests on the part of the CONSULTANT or its employees, must be
disclosed in writing to the CITY.
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B. The CONSULTANT is aware of the conflict of interest laws of the City of Miami (City of
Miami Code Chapter 2, Article V), Dade County, Florida (Dade County Code Section 2-11.1) and
the State of Florida, and agrees that it will fully comply in all respects with the terms of said laws.
M
CONSULTANT and its employees and agents shall be deemed to be independent
contractors, and not agents or employees of CITY, and shall not attain any rights or benefits under
the Civil Service or Pension Ordinances of the CITY, or any rights generally afforded classified or
unclassified employees; further its employees and agents shall not be deemed entitled to the
Florida Worker's Compensation benefits as an employee of the CITY.
M
Both parties retain the right to terminate this Agreement at any time prior to the completion
of the services required pursuant to Section II hereof without penalty to either. In that event,
notice of termination of this Agreement shall be in writing to the other given at least ten (10) days
in advance of termination. CONSULTANT shall be paid for those services performed prior to the
effective date of termination. In no case, however, will CITY pay CONSULTANT an amount in
excess of the total sum provided by this Agreement.
It is hereby understood by and between CITY and CONSULTANT that any payments
made in accordance with this Section to CONSULTANT shall be made only if said
CONSULTANT is not in default under the terms of this Agreement. If CONSULTANT is in
default, the CITY shall in no way be obligated and shall not pay to CONSULTANT any sum
whatsoever.
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The CONSULTANT agrees that there shall be no discrimination because of race, color,
sex, religion, age, creed, handicap, marital status or national origin, in connection with its
performance under this Agreement.
Furthermore, that no otherwise qualified individual shall, solely by reason of his/her race,
sex, color, creed, age, religion, marital status, national origin, or handicap, be excluded from the
participation in, be denied benefits of, or be subjected to discrimination under any program or
activity receiving federal financial assistance.
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CONSULTANT acknowledges that it has been famished a copy of Ordinance No. 10062
the Minority Procurement Ordinance of the City of Miami, and agrees to comply with all
applicable substantive and procedural provisions therein, including any amendments thereto.
Funding for this Agreement is contingent on the availability of funds and continued
authorization for program activities and is subject to amendment or termination due to lack of
funds, or authorization, reduction of funds and/or change in regulations.
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In the event that CONSULTANT shall fail to comply with each and every term and
condition of this Agreement or fails to perform any of the terms and conditions contained herein,
then CITY, at its sole option, upon written notice to CONSULTANT may cancel and terminate
this Agreement, and all payments, advances, or other compensation paid to CONSULTANT by
CITY while CONSULTANT was in default of the provisions herein contained, shall be forthwith
returned to CITY.
This instrument and its attachments constitute the sole and only Agreement of the parties
hereto relating to said grant and correctly sets forth the rights, duties, and obligations of each to the
other as of its date. Any prior agreements, promises, negotiations, or representations not expressly
set forth in this Agreement are of no force or effect.
.4.4
No amendments to this Agreement shall be binding on either party unless in writing and
signed by both parties.
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IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
by their respective officials thereunto duly authorized, this the day and year above written.
ATTEST:
MATTY HIRAI
City Clerk
WITNESSES:
APPROVED AS TO INSURANCE
REQUIREMENTS:
FRANK ROLLASON, DIRECTOR
Risk Management.
CITY OF MAMI, a municipal Corporation
of the State of Florida
By:
CESAR H. ODIO
City Manager
CONSULTANT:
NORA SWAN, an individual.
APPROVED AS TO FORM AND
CORRECTNESS:
A. QUINN JONES
City Attorney go
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CITY (7F NHAAAi, FLORIDA
N7ER-OFFIC7E MERfiORkNDURR 33
TO ; Honorable Mayor and Members DATE : June 8, 1994 FILE
of the City Commission
SUBJECT : Authorization To Enter
Into Professional Services
Agreement with Nora Swan/
FROM : Ces REFERENCES: Film Coordinator
City ENCLOSURES
July 14th Commission Mtg.
It is respectively recommended that the City Commission adopt the attached Resolution
authorizing the City Manager to enter into a Professional Services Agreement with Nora
Swan, Film Coordinator, in an amount not to exceed $25,000 for professional services
related to the planning and implementation of promotional activities for the enhancement
of the film, television, and recording industries for the City of Miami for a one-year
period commencing on September 1, 1994. In addition, Ms. Swan will also be
reimbursed for out-of-pocket expenses, as approved by the CITY, with a maximum limit
of $5,000. Compensation for these services are from monies allocated in the Department
of Development budget.
The Department of Development recommends the adoption of the attached Resolution to
support the on -going efforts for the enhancement of the film, television and recording
industries in the City of Miami.
For the past six (6) years, the City Commission has authorized the: City Manager to
execute an agreement with Nora Swan, Film Coordinator, for the planning and
implementation of promotional activities related to the film, television and recording
industries in the City of Miami.
During the past six years, as a direct result of Ms. Swan's efforts, the annual "Inter -
American Co -Production Market in Film, Video and Recording: OCFM) has been held in
the City of Miami. This even has been acclaimed by the World Trade Press as the first of
its kind in the world and attracts hundreds of key people from the film and finance sectors
worldwide. Miami has been established as a central clearinghouse for world-wide co -
ventures, and the growing hub for financing, production and post production (developing
debt equity as one of the finance incentives).
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Many productions have been brought to Miami as a result of Ms. Swan's efforts which
have translated into many jobs, millions of_dollars in productions and business for hotels,
services, restaurants, shopping, etc. Miami is on the cutting edge and is developing as the
"film and tv center" connecting Latin America, Europe and the U.S. As Film
Coordinator for the City of Miami, Ms. Swan works to attract filmmakers to the Miami
area and to assit them in all phases of their production needs wlule they are here on
location.
The term of Ms. Swan's agreement expires August 30, 1994. To continue the industry's
promotional activities and the coordination of the "Miami/Florida Inter -American
Conference and Film Market" it is requested that the attached resolution be adopted by
the City Commission.
Attachments
Proposed Resolution
Professional Services Agreement
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