HomeMy WebLinkAboutR-93-0366j)--93-31
6/3/93
RESOLUTION NO . _*) 9
_
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH NORA
SWAN, AN INDIVIDUAL, IN AN AMOUNT NOT TO
EXCEED $20,000 FOR PROFESSIONAL SERVICES,
$25,000 FOR SUBCONTRACTING THE PRODUCTION OF
A DOCUMENTARY FOR BLACK HISTORY MONTH, PLUS
OUT-OF-POCKET EXPENSES NOT TO EXCEED $10,000
FOR PROFESSIONAL SERVICES 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, 1993; AND ALLOCATING
FUNDS THEREFOR FROM FISCAL YEARS 1992--93 AND
1993-94 BUDGETED FUNDS OF THE DEPARTMENT OF
DEVELOPMENT.
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 local economic development
involves assisting growth industries to locate and expand within
the City of Miami; and
WHEREAS, Nora Swan possesses the professional qualifications
and expertise required to assist the City of Miami in promoting
the film industry and the production of a documentary film for
Black History Month;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
� T T A C RE T (S)
C DN TA NED
crff cObO ISSION
MEETING OF
JUN 2 9 1993
Resolution Na
93- 366
Section 1 . The zee:i.t;a,�_s ar�d �tnrl i.n�;s cnp4;; j.j.nerl J.n the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
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 $20,000 for
professional services; $25,000 for subcontracting a documentary
for Black History Month; plus out-of-pocket expenses not to
exceed $10,000 for professional services 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, 1993, with
funds therefor hereby allocated from Fiscal Years 1992-93 and
i993-94 budgeted funds of the Department of Development.
Section 3. This Resolution shall become effective
immediately.
PASSED AND ADOPTED this 29th� day of 1993.
XAVIER L. SUAREZ, MAYOR
ATTE _ Z1
MATTY HIRAI, CITY CLERK
BUDGETARY REVIEW:
&0
MANOHAReRANA
ASSISTANTY MANAGER
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93- 366
FINANCIAL REVIEW:
CATttO E . GARCIA , DIRECTOR
DEPARTMENT OF FINANCE
PREPARED AND APPROVED BY:
JOEL E . MAXWEtL
G'HIEF ASSISTANT CITY ATTORNEY
JEM/mis/bss/csk/M3639
APPROVED AS TO FORM AND
CORRECTNESS:
Alit
C
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93` a66
PPOFESIGIONAL, 5T-IRVICE-,S AGPLEMPT-F
This
Agreement entered into this
day of
,
1993, 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".
R_E__C_I __T__A- L_-S--
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 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;
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. TERM
The term of this Agreement shall be from September 1, 1993
through August 3�,--2994•
93- 366
I1. SC0Yl_1 C1F Sl PVIC1 S
Under the general. supervision of the Department of
Development, the CONSULTANT's responsihili.ti.es 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
center for film products.
C. CONSULTANT shall act as a clearing house, 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.
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Fl rF3t f.l1m
CONS!', _I.,TAN --,ha 1 l f j i ept e ,e►,te t.h� � i ty o�ar i
related f.tin ct.i_nns and. f.i lm-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 of the industry and the image of Miami.
J. CONSULTANT shall, when deemed necessary, attend
conferences, meetings or Special Events outside of Miami
(expenses to be reimbursed at cost by the City pursuant to
Section III.C. herein).
K. CONSULTANT shall work closely with the Coordinator of
Film Permitting for Miami, when. 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 work with a subcontractor in the
production of a television documentary (video) profiling the life
of Dr. Gilbert L. Porter, to be premiered during Black History
Month - 1994.
Ill. COMPENSATION AND FEE SCHEDULE
A. The City shall pay the CONSULTANT, as maximum
compensation for the services performed, a fee not to exceed
$20,000.
B. COMPENSATION for services performed shall be paid at a
$20.00 per hour rate up to a maximum of 1000 hours.
C. Out of pocket expenses, as approved by CITY, will be
billed to CITY at cost, with a maximum limit of $10,000.
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t). r:'r7Trt;ti T,7ArIT sha 1 1 �;t11}m i t. i.11 v 0 i cns a nd nq
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. CONSULTANT shall subcontract the production of a
television documentary profiling the life of Dr. Gilbert L.
Porter to be premiered during Black History Month - 1994 at a
cost not to exceed $25,000.
G. CITY shall have the right to review and audit the time
records and related record of CONSULTANT pertaining to any
payment by the CITY.
IV. COMPLIANCE WITH FEDERAL. STATE AND LOCAL LAWS
Both parties shall comply with all applicable laws,
ordinances and codes of federal, state and local governments.
V. GENERAL CONDITIONS
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 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 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.
CITY OF MIA
Department of Development &
Housing Conservation
Development Division
300 Biscayne Blvd. Way Ste 400
Miami, FL 33131
CONSULTANT
Nora Swan
Consultant
5055 Collins Avenue
Suite 9F
Miami Beach, FL 33140
(305) 37 2 -4 59 0 -4-
�,�,
LJ
B. T_i.l 3t13 �,a3aCti-<7�)��. I li.nf.1 1i:ca for cc lw—ni1-ni-.
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.
VI. OWNERSHIP OF DOCUMENTS
All documents developed by CONSULTANT under this Agreement
shall be delivered to CITY by said CONSULTANT upon completion of
the services required pursuant to Section II. hereof and shall
become the property of CITY, without restriction 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 Statues. yr+
93-
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Tt- is fUYt.}lee 11ndeT-Ct( n(I h }' nrl 1-)etw—r t.{fie j7art,lec; t".h?t any
information, writings, maps, contr.a(.t doct,nerts, 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.
V I I .NON DE_LE GAB I L I TY_.
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.
VIII. AUDIT RIGHTS
CITY reserves the right to audit the records of CONSULTANT
at any time during the performance of this Agreement and for, a
period of one year after final payment is made under this
Agreement.
IX. AWARD OF A RZEMENT
CONSULTANT warrants that it has not employed or retained any
person employed by the CITY to solicit or secure this Agreement
and that it has not offered to pay, paid, or agreed to pay any
person employed by the CITY any fee, commission percentage,
brokerage fee, or gift of any kind contingent upon or resulting
from the award of this Agreement.
X. CONSTRUCTION OF AGREEMENT
This Agreement shall be construed and enforced according to
the laws of the State of Florida.
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I. SUCCE :SC)F? AND IDS :1, 1
This Agreement shall. be b incl ing upon the parties herein
their heirs, executors, legal representatives, successors, and
assigns.
XII . INDEMNIFICAT, ION_
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,
judgements 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.
XIII. CONFLICT OF INTEREST
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.
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
93- 3GG
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Lj
,tat e of F'l Or i or) , anri a(ir-er-ns that,
respects with the terms of said laws.
XIV_.INDEPENDENT CONTRACTOR__
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
he/she shall not be deemed entitled to the Florida Worker's
Compensation benefits as an employee of the CITY.
XV. TERMINATION OF AGREEMENT
CITY retains 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 the CITY. In the event,
notice of termination of this Agreement shall be in writing to
the CONSULTANT, who shall be paid for those services performed
prior to the date of its receipt of the notice of termination.
In no case, however, will the CITY pay the CONSULTANT an amount
in excess of the total sum provided by this Agreement.
It is hereby understood by and between the CITY and the
CONSULTANT that any payment 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 the CONSULTANT is
in default, then the CITY shall in no way be obligated and shall
not pay to the CONSULTANT any sum whatsoever..
XVI. NOONDISSCR-Im ATION
CONSULTANT agrees that it shall not discriminate as to race,
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SAX, ()1', c'2:es�'(1, Or n%i1..i.oT`�i ()t'1.�fJT?, ?i" Y1anrIip in Lorin-c.I:ir)T'T
with its performance under this Agreement.
Furthermore that no otherwise qualified individual shall,
solely by reason of his/her race, sey, 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.
){VII_._MI_NORITY PROCUREMENT COMPLIANCE
CONSULTANT acknowledges that it has been furnished a copy of
Ordinance No. 10538, the Minority/Business Affairs and
Procurement Program Ordinance of the City of Miami, and agrees to
comply with all applicable substantive and procedural provisions
therein, including any amendments thereto.
XVIII. CONTINGENCY CLAUSE
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.
XIX. DEFAULT PROV ON_
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 of
such an
alleged
default and
an opportunity
to cure
such
an
alleged
default
for a period
of ten (10) days
after the
date
of
such notices was given (or, in the event such default cannot be
cured within ten (10) days, then, if such cure is not commenced
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t_h 3._ 1,1
ten ( 1 )) c3.a.y �)r?]_ ]orl ar�r3 r3i 1 i. ent.I y •C)T-'I �7 �t-pal
thereafter), may cancel anci terminate this Agreement, and all
payments, advances, or other compensati-on paid to CnNSULTANT by
CITY was in default of the provisions herein contained, shall be
forthwith returned to CITY.
XX_____ENT I RE_.AGREEMENT_
This instrument and its attachments constitute the sole and
only Agreement of the parties hereto relating to said services
and correctly set 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.
}nI ,_AMENDMENTS .
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 the respective officials thereunto
duly authorized, this the day and year first above written.
CITY OF MIAMI, a municipal Corpora-
tion of the State of Florida
ATTEST:
BY: _
MATTY HIRAT CESAR H ODIO
CITY MANAGER
CITY CLERK
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lk
CONSULTANT: NORA SWAN,
an individual
G `
By: NORA SWAN, individually _
WITNESSES:
(As to CONSULTANT)
- ---- -
APPROVED AS TO INSURANCE REQUIREMENTS:
INSURANCE MANAGER
APPROVED AS TO FORM AND CORRECTNESS:
A. QUINN JONES, III
CITY ATTORNEY
CAm12'
INTER-OFFIC;F IMF_-V,0FW-Jnt-1
Honorable Mayor and Members IF � �
of the City Commission
„R,FC- Authorization to Enter
Into Professional Ser-
vices Agreement with
Nora Swan/Film Coordi-
gGrEq[flC
rVPr) - n a t o r
Ces dio June 17th City Commis-
Ci t Tanager 'Q; si on Meeting
RECOMMENDATION
It is respectfully recommended that the City Commission adopt the
attached Resolution authorizing the City Manager to execute an
agreement, in substantially the form attached, with Nora Swan, in
an amount not to exceed $20,000 for professional services related
to the planning and implementation of promotional activities for
the enhancement of the film, television and recording industries
of the City of Miami for a one year period commencing September 1,
1993; $25,000 for subcontracting the production of a documentary
to honor a prominent pioneer in Black education to be premiered
during Black History Month - 1994; and $10,000 for out-of-pocket
expenses for a total amount of $55,000. Compensation for these
services are from monies allocated in the Department of
Development's 1992-93 Fiscal Year budget ($30,000) and 1993-94
Fiscal Year Budget ($25,000).
BACKGROUND
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 and the production of a television documentary
profiling the life of Dr. Gilbert L. Porter, an extraordinary man
who fought for fair hiring and equal pay for Black teachers and
equal education for Black students. The documentary is scheduled
to be premiered during Black History Month - 1994.
For the past five years, the City Commission has authorized the
City Manager to execute an agreement with Nora Swan for the
planning and implementation of promotional activities related to
the film, television and recording industries in the City.
Gip•/;.,-E
93- 366
Purge 2
Curing the past five years, as a direct result of Ms. Swan's
efforts, the annual "Inter -American Co -Production Market in Film,
Video and Recording" (ICFM) has been held in the City of Miami.
This event 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 clearing house for world-wide co -
ventures, and the growing hub for financing, production and post
production (developing debt equity as one of the finance
incentives).
Many productions have been brought to Mii ami as a resul t of his.
Swan's efforts, translating 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 T.V. 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 assist them in all
phases of their production needs while they are here on location.
The term of Nora Swan 's agreement expires August 30, 1993. To
continue the industry's promotional activities and the
coordination of the "Niani/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
93- 366