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Home My WebLink AboutR-93-02860 • • J-93-326 8/3/93 RESOLUTION NO. 9 `; 286 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH ELOY VANUEZ, FOR THE PURPOSE OF PROVIDING MARKETING CONSULTANT SERVICES RELATED TO THE PROMOTION OF THE BAYFRONT PARK AMPHITHEATER; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $6,000, FROM THE BAYFRONT PARK MANAGEMENT TRUST OPERATING BUDGET, LINE ITEM NO. 209, FOR SAID SERVICES. WHEREAS, the Bayfront Park Management Trust has entered into a five year, $1,000,000 sponsorship agreement with AT&T; and WHEREAS, Eloy Vazquez is a oompetent marketing professional whose numerous events are attended by thousands of people eaoh year; and WHEREAS, increased usage of the amphitheater requires a more targeted market effort; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Seotion 1. The reoitals and findings set forth in the Preamble to this Resolution are hereby adopted by referenoe -t; thereto and inoorporated herein as if fully set forth is this Seotion. TTACHMENT (S)I CONTAINED CWT c0oll MMING of MAY 13 M3 �6 Section 2. The City manager is hereby authorized to enter into a professional services agreement, in substantially the attached form, with mloy Vazquez, for the purpose of providing marketing consultant services related to the promotion Of the Bayfront Park Amphitheater, with funds therefor hereby allocated, in an amount not to exceed $6,000, from the Bayfront Park Management Trust Operating Budget, Line Item No. 209, for said services. Section 2. This Resolution shall become effeotive immediately upon its adoption. PASSED AND ADOPTED this 13th day of A S 0& MWA.. NATTY HIRAI CITY CLERK BUDGETARY REVIEW: MANOHAR 6. S ASSISTANT CITY;LAGER FINANCIAL REVIEW: ..y CARLOS GAROIA, DIRECTOR FINANCE DBPARTNBUT --2- L 1993. , MAYOR _- � � �� ,... �, _ l: �� } 0:-27-1993 14:25 3*9-1211 04106tot4t ow. ~ "OPIANZOUL NI:ii U AG"Ma This A0y IU MIN1T hereinafter referred to as the "AdISM"W", entered into this __... th day of k 1993 by and between the CITY OF MIANZ, a municipal corporation at the o4ate or riorida, hereinafter referred to as "CXTY", and Eloy Vasquez, hereinafter referred to as "C=&9LT71 W". w s TEM I. The term of this AGAIM90M shall be from April 1, 1993 through completion of six month review period. II. SQ2PR oFwys : COINNCLT]IM shall be responsible for: •� 11TTAC'lOi�I1R' A . A. The CITY shall pay the COMMULTAW, as compensation for the services required pursuant to Paragraph Z hereof, a fee not to exceed $6,000 payable at the rate,of $1,000 per e4-27-1092 14r2$ 2 4 $9-1211 0AVO*Ot4t PA ANA1dt*tmt WIT 1b. 41 TV. Both parties shall comply with all applicable laws, ordinances, and codes of Federal, State, and Local aoverrnments. V. 2ZHERAL__CONDjTla�t , A. All notices or otlier communications which shall or may be given pursuant to this Agreement shall be in writing and shall be _ 7 delivered by personal service, or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to tin*. Such notice shall be deemed given on the day after being posted or the date of actual receipt, k'} whichever is earlier: STY Cesar H. odic City Kanager City,of Miami 3500 Pan American Dr. Miami, n 33401 APR-27-93 TUE is ;21 Page 2 Miami, !L 33134 3es-aye-�2i� ■ 0+-27-t 9#$ t 4: 26 J 3®- 121 1 9AYPtt Nt PA ANA-Otftkt fiWtt E. Title and paragraph hoadin9s are for convenient raference and are not part of this Agreement. C. in the event of conf1iat between the terms of this p_ ` Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall a rules G. 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 af' Florida or the city of Miami, such provisions, a; paragraphs, sentences, words or phrases shall be deemed � modified to the extent necessary in order to conform with a 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 . 6Y Agreement shall remain unmodified and in full force &rid effect. Page 3 93- 23 APR-27-93.TUE 14:22 383-359-1211 P.6.4 4 Pf: �A 84-21 -1091 14:26 3*8-1 211 Vt. All documents developed by ComeaLvan under this AgirasUant shall be delivered to CZTT by said OWBULTUM upon completion of the services required pursuant to paragraph 11 hereof and shall become the property of CITY, without restriction or limitation on its use. amouLTWO agrees that all documents maintained and generated pursuant to this contractual relationship between CXTT and CC SULTA N1' shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. 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 CZTT to CCOISIMT71M pursuant to this Acireement shall at all times remain the property CZTT and shall not be used by CQ11idLUi"1' for any other purposes whatsoever without the written consent of CZTT. r. VII. t The obligations undertaken by CMSUL'PR11'l' pursuant to this Wooment shall not be delegated or assigned to any other person or firm unless CZTT shall first consent in writing to the performance or assignment of such service or any part thereof by another person or firm. Paqe 4 4 z 93- 288 APR-27-93 TUE 14:22 305-359-1211 0.85 . 04=27-1991 14:27 3A�9-121 ! BAi'�'1�t�Nt t►�� "" NJ�b�'�N(�ltf�' f8� VI:I I t MIT Atom 2 dITX reserves the right to audit the records at' CONNOMOV at any time during the performance of this Agreement and for a period of one year after final payrient in made under this agreement. IX. s�a,.�i_ny a,G Frr� e'O mULTI1M warrants that it has not employed or retained any person employed by the CX TT to solicit or secure this Agreement and that it has not offered to pay`, paid, or agreed to pay any person employed by the C=TT any fee, commission percentage, brokerage foe, or gift of any kind contingent upon or resulting from the award of this Agreement. X. COKATM 'r�4FAMr : This Agreement shall be construed and enforced according to the Laws of the State of Florida. XI. 2VC�M AMr.. slap i This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. Page 5 APR-27-93'TUE 14:23 395-359-1211 8t-27-199$ l� Z7 3 39-t2tt 9AYORGNt PA- AakkkNt XI1♦ Z CO1 MMISAW shall indemnify and save CITY harmless from and against any and all claims, liabilities, losses, and causes of action which mety arise Out of CONSULTAWS activities under this - Agreement including all other acts or omissions to act on the part of COfULTMT, including any parson 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, fees, expenses and liabilities incurred in the defence of any such claims, or in the investigation thereof. A. C0 ULTIM 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, with CM. CMMIMM '1' further covenants that, in the performance of this Agreement, no parson having such conflicting interest shall be employodb-, Any such interests on the part of CMULTARr or its 9' 3-' APR-27-93 7UE 14:23 303-358-1211 P.. 87- � t �)4-28-149 i3,37 3 5B-12it b/1Yt+ tfJVf NI► i1lStA�iL �tC 5t P.02 t a. etwitotowle is aware of the conflict of interest laws of the City of Miami (City of Miami gods Chapter 2, Artiol+e V) , 06de County, Plorida (dada County code section 2-11.1) and the State of Plorida, and agrees that it will fully comply in all respects with the terms of said laws. ZNQEPENDEN'i' rONTRACTQR s CMNVLTA!('i' and its employees and agents shall be deemed to be independent contractors, and root agents or employees of CITY and shall not attain any rights or benefits under the Civil service or Pension ordinances of CITY, or any rights generally afforded classified or unclassified employees; further he/she shall not be deemed entitled to the Florida Workers, Compensation benefits as an employee of CZTT. xv. lt'aSDliPlA'liVd VP' COtY`17iAGP� CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to. paragraph ZY'h+ereof without penalty to CITY. In that event, notice i of termination o of this Agreement shall be in writing to Cor1813L'PAHT, who shall be paid for those services performed prior to the date of its receipt of the notice of termination. In no cas+e, however, will CITY pay CONSULTAW an amount in excess of the total :sus provided by this Agreement. Page 7 93 RK APR-28-93 WED 13;33 385-388-1211 P.:0.2 e4-28-1903 13:38 30""08-1211 SAYPRON`Y` OAft Gtm f1'i'°tdUST P.83 It is hereby Indoratood by and batwseh CITY and Ci'OBULTAft that any payxent *Ad* in accordance with this geation to 00MULTAi!'1' shall be Made only if said coxstM2um is not in default under the terms of this agreement. If Covst1 vmw is in default, then 42211 shall in no way be obligated and shall not pay to CMSVLTAW any suit whatsoever. XVI. ME-DIA coUBULTAW agrees that it shall not discriminate as to race, sex, color, creed, national origin or handicap 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, 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. XVII. N=RTTY z&QCM=3=G'CMP;TA�ICF: . Co=t1LTWM acknowledges that it has been furnished a. oppy of ordinance No. 18062, the Minority procurement Ordinance of,the City of Miami, and agrees to comply with all applicable substantive and proceduralprovisions therein, including any amendments thereto. Page 8 `1 4s+E APR-28-93 WED 13:34 305-358-1211 P.83 fi7 .s- 84-29-1993 13:39 3 39-1211 BAVfROW PA MAUMtl3Nf thUST P. 64 XV111. CO TANG �Y_CL�tt Funding for this Agreament is contingent on the availability of funds and continued authorisation for program Activities And is subject to amendment or termination due to lack of funds, or Authorisation, reduction of funds, and/or change in regulations. XiX. 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 heroin, then CITY, at its solo option, upon written notice to CONSULT ANT, may cancel and terminate this A0RMMM, 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. } XX.' This instrument and its attachments constitute the sole and only Agreement of the parties hereto relating to said grant and correctly sots forth the rights, duties, and obligations of each to rY the other as of its dots. Any prior agreements, promises, a negotiations, or representations not expressly not forth in this AGRICMOM are of no force or effect. page 9 r ' ytr�i aP;R-2e-93 DIED 1 3 :34 ' fit t l D $t t i N t7 1 e4-23-3 993 i 3 : 34 30' i8- i 2 t t EAYt=BONY PA) +' ANAnMENT TRUST p, 0s XXt. a A t No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by tho respective officials thsreunto duly authorized, this day and year first above written. CITY OF MIAMI, a municipal ATTEST: Corporation of the State of Florida BY: BY: MATTY HIRAI CESAR H. ORO City Clerk City Manaqer WITNESSES: CONSULTANT: F oy Vazquez t APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: BY: BY: A. Q ZNN TONES, III. SUJAN S. HAHRA, 0 rector " City Attorney Risk Management Department Page 10 ' �g ty j-f 93 28 i APR-28-9.3 WED! 13 :3Z 305-350-121 1 R. ' 84-28-1993 13:39 3 58-1211 SAYPRONt PA ANAGtMtNT iAUtt P. 88 ftVfisSjGM i Sot` ims agradwast betmen Swrout Park Ha t Trust a" 31oV V"quaa i) To parlors consultant services and assist the bayfront.-park Management Trust (HPMT) in order tot a) attraat equality *vents ind promoters to use Haytront Park for restii..valr and spacial events b) generate the revenues necessary to maintain the Park, preserve its••green spaces open and guarantee public. amass a) Ln=ease the attendance of the general public d) proacts the Park as a tourist attraction 2) The aforementioned objectives may bast be achieved byt a) creating a winning firtit impression by some of quality presentations to thesis who have no inside knowledge at the Park or the Trust b) preparinq and mailinq broehures containing teoisnical specification, photos of important events mid other informational matters of interest to event produaars and potantial clients o) p=oducinq a quarterly newsletter, prepared camera-ready our staff but excluding priming costs which would be barmy the am, containinq detailed information on events for tba current quarter and a schematic calendar highligbtAng events for the followinq quarter d) negotiating with the media by weans of an exchange or trade to obtain ads and promo spots to promote -the park and its events e) sailing press releases to national arA intarnatioaal pOlications and doing a follow-up to SrAur* that payfrant pane is promoted as a tourist attraction f) training park staff to provida accurate arm explicit information to the genaral public and went producer• de canductinq a poll, by means of i bri*f qusrtiomnaire opon to •ugqartiona, on the general publio'• level of satiafaatioa and went producers, eacpeatatibne regarding the park in order to best meet both their needs and naximise economic benefits APR-26-93 WED _ ._ 13 :35 305-358-121 93- 386 P. 86 CHAMPEPM* GHISlA1N GOURA1QE. JR. MM MAU MW C►iANIMM ON AUW L WENERG VICE:�ON RODNEY I3ARMO SECRETARY JO ANN PEPPER TREASURER MATTHEW SCHWARTZ EXECUTIVE OFFICIAL CITY Of mum COMMISSIONER J.L PLUMMER, JR. TRUST mumm s HENRY COURTNEY JOSEPH L FLEMING JOSE GARCWPEDROSA THORN GRAFTON RUTH GREENFW TNA MLLS JOSEPH P. KLOCK DEWEY W. IC4ACW. II BOOM MUMFORO AIN" RANGE SHELA AUSTIN SMITH RAUL 0. TERC ILLA LORI WELDON OFFICE OF THE CITY ATf ORN" A. QUINN JONES RI CITY MAYOR XAVIER L SUAREZ OOMMMS'IONER OR. MF" ALONSO OOMMO81ONER MILLER J. DAWKINS VICE MAYOR VICTOR DE WIRE CITY MANACiE'R CESAR H, O000 N b C L A U T3 E P E P P E AYNT Pik M A N A G E M E N T t h u a T 301 N. 91SCAYNE BOULEVARD, MIAMI. FL 33132 TELEPHONE: (3051358.7550 FAX: I305) 358-1211 April Sth, 1993 Mr. Cesar H. odio City Manager City of Miami 3500 Pan American Drive Miami, FL 33133 Dear Mr. Odio: Please place Eloy Vazquez•s professional service contract on the agenda for the May 13, 1993 City Commission meeting. We*are anxious to employ Mr. Vazquez's services, and appreciate your attention to this matter. Sincerely, +�Ma Ira r Katz &4* Executive Director INK/ts