HomeMy WebLinkAboutR-93-0567J-93-573
8/24/93
RESOLUTION NO. 9 7
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING
THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH MARKETING TECHNICS
ENTERPRISES FOR THE PURPOSE OF PROVIDING
SOLICITATION AND SALES OF SPONSORSHIP AND
ADVERTISING SPACE FOR THE MARQUEE SIGN AT
BAYFRONT PARK; ALLOCATING FUNDS THEREFOR, IN
AN AMOUNT NOT TO EXCEED $45,000, FROM
COMMISSION BASED ON GROSS SALES REVENUE.
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WHEREAS, the Bayfront Park Management Trust has recently
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acquired a $100,000 marquee sign located on Biscayne Boulevard;
and
WHEREAS, sponsorship and advF;rtising revenue to be generated
by the sign represent a significant revenue source for the
Bayfront Park Management Trusu; and
WHEREAS, Marketing Technics Enterprises demonstrated itself
as the most competent of three interviewees for position; and
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
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Section 1. The recitals and findings set forth in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section. !
C01 N J Y»
CITY COMMISSION
IIaEETLN C OF
S E P 2 7 1993
Resolution No.
03-"�
Section 2. The City Manager is hereby authorized to
enter into a professional services agreement, in substantially
the attached form, with Marketing Technics Enterprises, for the
purpose of providing solicitation and sale of sponsorship and
advertising space for the marquee sign at Bayfront Park, with
funds therefor hereby allocated, in an amount not to exceed
$45,000, from commission based on gross sales revenues.
Section 2. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 27th day of September 1993.
erICAVfER L.�_OAREZe MAYOR
ATT ST,
MATTY HIRAI
CITY CLERK
BUDGETARY REVIEW BY:
MANOHAR S. A
ASSISTANT CIT 'MANAGER
FINANCIAL REVIEW:
CARBO GARCIA, DIRECTOR
FINAN DEPARTMENT
_2_
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93- 567
PROFESSIONAL SERVICES AGREEMENT
This AGREEMENT hereinafter referred to as the ""AGREEMENT"",
entered into this th day of , 1993 by and
between the BAYFRONT PARR MANAGEMENT TRUST, hereinafter referred to
as "TRUST", and Marketing Technics Enterprises, hereinafter
referred to as "CONSULTANT".
I.
TERM:
The term of this AGREEMENT shall be from July 28, 1993,
through completion of six month review period with the option to
renew at City's option for a period of one year.
II.
SCOPE OF _SERVICES:
CONSULTANT shall be responsible for the solicitation and sale
of sponsorship and advertising for the Marquee Sign at Bayfront
Park.
III.
COMPENSATION:
A. The TRUST shall pay the CONSULTANT, as compensation for
the services required pursuant to Section II hereof, fees
based on the following schedule:
$0 - $50,000 10.0% of gross revenue of sales
$51,000 - $150,000 12.5% of gross revenue of sales
$151,000 and above 15.5% of gross revenue of sales.
B. Such fees shall be paid upon submission by the CONSULTANT
of monthly billings; such billings shall be paid within
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thirty days of submission by the CONSULTANT.
C. TRUST shall have the right to review and audit the time,
billing and related records of CONSULTANT pertaining to
any payment by the TRUST.
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 after being
posted or the date of actual receipt,
whichever is earlier:
CITY OF MIAMI CONSULTANT
Cesar H. Odio Maria Elena Magret,President
City Manager Marketing Technics Enterprises
City of Miami 2490 Coral Way
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93- 567
3500 Pan American Dr. Miami, Fla. 33145
Miami, FL 33401
TRUST
Ira Marc Katz
Executive Director
301 N. Biscayne Boulevard
Miami, Florida 33132
B. Title and paragraph headings are for convenient reference
and are not 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 in 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
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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 TRUST by said CONSULTANT upon completion of
the services required pursuant to Section II hereof and shall
become the property of TRUST, without restriction or limitation on
its use. CONSULTANT agrees that all documents maintained and
generated pursuant to this contractual relationship between TRUST
and CONSULTANT 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 TRUST to CONSULTANT
pursuant to this Agreement shall at all times remain the property
of TRUST and shall not be used by CONSULTANT for any other purposes
whatsoever without the written consent of TRUST.
VII.
NONDELEGASILITY:
The obligations undertaken by CONSULTANT pursuant to this
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Agreement shall not be delegated or assigned to any other person or
firm unless TRUST shall first consent in writing to the performance
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or assignment of such service or any part thereof by another person
or f irm.
VIII.
AUDIT RIGHTS:
CITY and TRUST reserves P
e right to audit the records of
.0 f- tZ',')v1 1 s4.Z' Q
CONSULTANT pertaining to this Ngreement at any time during its Aand V
for a period of one year after final payment.
IX.
AWARD OF AGREEMENT:
CONSULTANT warrants that it has not employed or retained any
person employed by the CITY and/or TRUST 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 and/or TRUST 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 and venue shall lie in Dade County
Florida.
XI.
SUCCESSORS_AND ASSIGNS:
This Agreement shall be binding upon the parties herein, their
heirs, executors, legal representatives, successors, and assigns.
XII.
INDEMNIFICATION
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CONSULTANT shall indemnify and save CITY and TRUST harmless
from and against any and all claims, liabilities, losses, and
causes of action which may arise out of CONSULTANT'S activities
under this Agreement including all other acts or omissions to act
on the part of 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 defence 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, with CITY or TRUST.
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
CONSULTANT or its employees, must be disclosed in writing
to CITY and TRUST.
H. 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.
XIV.
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INDEPENDENT CONTRACTOR:
CONSULTANT and its employees and agents shall be deemed to be
independent contractors, and not agents or employees of CITY or
TRUST 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 CITY or TRUST.
XV.
TERMINATION OF CONTRACT:
TRUST 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 TRUST. In that event, notice
of termination of this Agreement shall be in writing to 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 TRUST pay CONSULTANT an amount in excess of the total sum
provided by this Agreement.
It is hereby understood by and between TRUST and 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 CONSULTANT is in default, then TRUST
shall in no way be obligated and shall not pay to CONSULTANT any
sum whatsoever.
NON-DISCRIMINATION:
XVI
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CONSULTANT 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.
MINORITY PROCUREMENT COMPLIANCE:
CONSULTANT acknowledges that it has been furnished 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.
XVIII.
CONTINGENCY CLAUSE:
Funding for this Agreement may be 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 PROVISION:
In the event that CONSULTANT shall fail to comply with each
and every term and condition of this Agreement or fails to perform
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any of the terms and conditions contained herein, then TRUST, 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 TRUST while CONSULTANT was in
default of the provisions herein contained, shall be forthwith
returned to TRUST.
XX.
ENTIRE AGREEMENT:
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.
XXI.
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 day and year first above written.
CITY OF MIAMI, a municipal
ATTEST: Corporation of the State of Florida
BY: BY:
MATTY HIRAI CESAR H. ODIO
City Clerk City Manager
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ATTEST: CONSULTANT:
Marketing Corporate Secretary 9 Technics Enterprises
by Maria Elena Magret, President
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
BY: BY:
A. QUINN JONES, III. SUJAN S. CHHABRA, Director
City Attorney Risk Management Department
BAYFRONT PARK MANAGEMENT TRUST:
BY: BY:
Ira Marc Katz Commissioner J. L. Plummer
Executive Director Chairperson
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. ....... GA=4
To: Honorable Mayor and Members Subject: Professional
of the City Commission Services Contract
From: Cesar H. Od For City Commission
City Manag Meeting of 9/14/93
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RECOMMENDATION:
It is respectfully recommended that the City Commission approve the
professional services contract between the Bayfront Park Management
Trust and Marketing Technics Enterprises for the solicitation of
advertising and sponsorship for the Bayfront Park Marquee.
BACKGROUND:
The new marquee in Bayfront Park represents an additional income
source for the organization. The use of marketing professionals is
essential to realizing the maximum revenue possible. Marketing
Technics Enterprises possesses the experience and sophistication to
make this sales program a reality.
Attachments:
Professional services agreement
resolution
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93- 567