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HomeMy WebLinkAboutR-90-0570A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY IMAGER TO ERECUTE AN AGREEMENT, IM SttBSTANTIALLY THE FORM ATTACHED, WITH NORA SCAN, AN INDIVIDUAL, IN AN AMOUNT NOT TO EXCEED $20,000, FOR PROFESSIONAL SERVICES RELATED TO THE PLANNING AND IMPLEMENTATION OF PROMOTIONAL ACTIVITIES FOR THE ENHANCEMENT OF FILE[, TELEVISION AND RECORDING INDUSTRIES IN THE CITY OF MIAMI, FOR A ONE YEAR PERIOD COMMENCING SEPTEMBER 1, 1990, PLUS OUT OF POCKET EXPENSES BILLED AT COST NOT TO EXCEED AN AMOUNT OF $5,000; FURTHER AUTHORIZING COMPENSATION FOR SERVICES FROM MONIES ALLOCATED IN THE DEPARTMENT OF DEVELOPMENT'S 1989-90 FISCAL YEAR BUDGET. WHEREAS, the Film, Television and Reoording industries are growth industries in South Florida making them an important part of Miami's eoonomio future; and WHEREAS, an important part of looal eoonomio development involves assisting growth industries to looate and expand within 1 the City; and WHEREAS, Nora Swan possesses the professional qualifioations and expertise required to assist the City of Miami in enohanoing and further developing these industries; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Seotion 1. The City Manager is hereby authorized to exeoute an Agreement, in substantially the form attaohed, with Nora Swan, an individual, in an amount not to exoeed $20,000 for professional servioes related to the planning and implementation of promotional aotivities for the enhanoement of the film, television and reoording industries in the City of Miami; for a one-year period oommenoing September 1, 1990, plus out of pooket expenses billed at oost not to exoeed an amount of $5,000; further, authorizing said oompensation for servioes from monies allooated in the Department of Development's 1989-90 fisoal year budget. ATTACHMENTS CONTAINED CITY C0164MON XMTWG OF JUL ?-6 Wo 90- 87 gyp d LuMediattly UP*n Its hdoptiola PAB- MM AMpTSD tie26th d&j of FIN"CIAL RIVIEW: C R; n MARCIA, DIRECTOR ARLOS FINANCE DEPARTMENT BumsTAXY MIEW: MMOKAW/SURAXA, DIRECTOR BubGSTEPARTUM PREPAR13D AND APPROVED BY: BF ASSIST A CITY ATTORNEY APPROVED AS TO FORK AND,. 00: CORRZCTXZ JiM/db/XI835 _2- x PROMSIONAL SERVICESAAREEMENt This. Agreement entered into this day of _ i ?'a 19900 by and between the CITY OF MIAMI, a municipalcorporation of the State of Florida, hereinafter referred to as "CITY" i and j- 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 'a growth industries in South Florida making them an important part q .,t of Mi ami'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 s. 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: x I. TERM = f The term of this Agreement shall be from September 1, 1990 through August 30, 1991.. a: II. 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 Coy Production market that would attract new productions and create new jobs in Miami. Y p� B. CONSULTANT will continue to explore the possibilities of y developing Miami as a Co -Production, finance and distribution : , center for film products. 4 AA lain s +Ar VYd � x� o xi f x $mot+ r CCONSULTANT shall act as a clearing house, liaison, and consultant for all film related protects. 0. CONSULTANT shall service and assist filmmakers working r in 141ami during every phase of their production. F. CONSULTANT shall continue the development of art aggressive marketing and public relations campaign to attract the 4; 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 t4iami `s strategic f 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 .Y, 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 City of 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 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 ,forthe film industry. f:. s 4 "•• - i'. a 41 M 6 COMPENSAT tON AND FEE _ SCH OULE A, the City shall pay the CONSULTANT, as ma ximual` compensation for the services performed, a fee not to exceed- x20,d00. B. COMPiNSATION for servicesperformed shall be paid at ,ac: $15.00 per hour rate up to a maximum of 1333 hours.' C. Out of pocket expenses, as approved by CITY, will be 3`-- billed to CITY at cost, with a maximum limit of $5,000. • D. CONSULTANT shall suhmi't invoices and supporting documentation (i.e. time records) to request payment for services and approved expenses rendered on a monthly basis. J. E. CITY shall endeavor to pay CONSULTANT within fifteen •.' 4 x- (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. 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 wj may be changed from time to time. Such notice shall be deemed given on the day on which personally served; or, if by main, .On r the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI CONSULTANT a* Department of Development Nora Swan 300 Biscayne Blvd. Way Consultant Suite 400 5055 Collins Avenue Miami, FL 33131 Suite 9F (305)372-4590 Miami Beach, FL 33140 p; B. Title and paragraph headings are for convenient V; reference and are not a part of this Agreement. 0— 5 ,27 AIIQ C. 1n the event of Conflict between the terns of this Agreement and any terms or conditions contained in any attached � doouraents, the terms of this Agreement shall rule. G.No waiver or breath of any provision of this AgradMent 0411 constitute a waiver of any subsequent breach of the Wo 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 f` 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. Y1. 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 CLTY and CONSULTANT shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statues. It is further understood b and between the y parties that any information, writings, maps, contract documents, -reports or. ,any �z £i 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.'_ Y F YII. NONDELEGAUILITY That the obligations undertaken by CONSULTANT pursuant to this Agreement shall not be ,delegated or assigned to anx other person or firm unless CITY shall first consent in writing,"to the . 'i M.. _ i w t rz i �` i ; Al :S performance or assignment of such service or any part thereof by another peetoh or -firm, YIII.. AUDIT RIGHTS 'A i CITY reserves the right to audi t the records of CONSULTANT " t- at any time during the performance of this Agreement and for a — period of one ear after final payment is made under this, p Y P Y Agreement. �= y f� IX. AWARD OF AGREEMENT - = CONSULTANT warrants that it has not employed or retained any person employed by the CITY to solicit or secure this Agreement z and that it has not offered to pay, paid, or agreed to pay any ej person employed by the CITY any fee, commission percentage, .. brokerage fee, or gift of any kind 'contingent upon or resulting _ Y 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. R XI. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties herein their heirs, executors, legal representatives, successors,. and assigns. —�` XII. INDEMNIFICATION I =� 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 _ acts v,i ti es under this Agreement, including all other acts = or omissions to act of the CONSULTANT, including any person acting n -� for or on .its behalf, and, from and against any orders, f judgements or decrees which may be entered, and from and against all costs, attorney's fees, expenses and liabilities incurred in t ± a F - the defense of any such claims, or in the investigation thereof. XIII. CONFLICT OF INTEREST Y A. CONSULTANT covenants that no person under its employ who tpresently a exercises any functions or responsibilities in s connection with this Agreement has any personal financial interests, direct or indirect, in the work product of this L 9 1 S k �5� a 9 wF �7 � s --�. r .J Agreement, the CONSULTANT further Covenants that, in the perfOPM64ce of this Agreement, no person having such eonflidtin interest shall be employed. Any such interests on the part of the CONSULTANT or its employees, gust be disclosed in writing to the CITY ,3. 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. 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. f XV. TERMINATION OF AGREEMENT �I CITY retains the right to terminate this Agreement at any I'1 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. f# A It is hereby understood by and between the CITY and the • CONSULTANT that any payment made in* accordance with this Section x to CONSULTANT shall be rude only if said CONSULTANT is not in 1; 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. NONDISCRIMINATION CONSULTANT agrees that it shall not discriminate as to race, sex, color, creed, or national origin, or handicap in connection with its performance under this Agreement. 3 i S urtheraaore that no otherwise quali fied individual shall solely by,; reason of his/her raee, sex, color, creed, nati+ona 1 origin, on handicap, be excluded from the participation in, be denied benefi°'ts of, or be subjected to discrimination under any �n;eiving federal financial assistance. or activity rec t program 1 XVII. MINORITY PROCUREMENT COMPLIANCE ; CONSULTANT acknowledges that it has been furnished a copy -of Ordinance No. 10538, the Mi nori ty/Busi ness 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. s' XIX. DEFAULT PROVISIONIn . the event that CONSULTANT shall fail to comply with each and every term and condition of this Agreement or fails to : conditions contained herein, then perform any of the terms and° CITY, at its sole option, uponwritten notice to CONSULTANT of such an"alleged default and an opportunity to cure such an r, 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 resolved within such ten (10) day period and diligently completed r may cancel and terminate this Agreement, and all thereafter), y payments, advances, or other compensation paid to CONSULTANT by p1' CITY was in default of the provisions herein contained, shall be forthwith returned to CITY. XX. ENTIRE 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, r} �t promises, negotiations, er representations not expressly sat <- forth in this Agreement are of no force or effect. X XXI. AKNOMENTS No amendments to this Agreement shall be binding on either 1 party unless in writing and signed by both parties. - i (� _ IN WITNESS WHEREOF, the parties hereto have caused this , instrument to be executed by the respective officials the,r�unto- 33 duly authorized, this the day and year first above written. CITY OF MIAMI, a municipal Corpora- _— tionof the State of Florida ATTEST: By: H. ODIO CITY CLERK CITY MANAGER CONSULTANT: NORA SWAN, an individual By: SWAN,RA individually ;r WITNESSES: i AS to Y APPROVED AS TO INSURANCE REQUIREMENTS: — - - t : - CITY OF MIAMI, FLOAIDA INTEROFFICE MEMORANDUM TO : Honorable Mayor and Members DAtE : JUL 1 31990 FILE of the City Commission Professional Services sualECT: Agreement/Nora Swan FROM : Cesar H. Odi REFERENCEf:or City Commission City Manager Meeting of July 12, 1990 ENCLOSURES: RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached - Resolution authorizing the City Manager. to execute an agreement, in substar►ti al iy the form attached, with Nora Swan,: an individual, 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 i ndu str_i es in the City of Miami for a Y one year period commencing September 1, 1990 plus out of pocket expenses billed at cost not to exceed an amount of. $6JO0, further authorizing compensation for services from mon es allocated in the Department of Development's 1989-90 Fiscal Year Budget. BACKGROUND:: s The Department of, Development recommends the adoption of :the �r attached` Resolution to support ongoing efforts .for -the. enhancement of the film, television and recording industries to i the ' City of Miami. On July 13, 1989s the City Commission adopted Resolution No. 09• ` 61C 'authorizing the City Manager to execute an Agreement w#th i NoraSwan for the planning and implementation of pramoti oval activities related to the film, television and recordj,ng i industries in the City. `t During the past year, as a direct result of Ms. Swan's efforts,' the First Co -Production Market on Film, Video and Recording was hold in Miami. This event was acclaimed by the world Trade,;ress as the first of its kind in the world and attracted key pool a a from the fife and finance sectors worldwide. Miami ara$. established as a central clearing -house for debt equity Ind other - k=2 financial strategies for co -production. �n ni ++ � r #.{��,. 33Fr m��p Honorable Mayor and Members of the City Commission page two As a di rect result of the First InterAmerican Conference and Market on Film, Video and Recording held October 11-13, 1989. in Miami, "CapitalVision" from Argentina produced the Telenovela (soap opera) "El Magnate" completely in Miami, generating millions' of dollars flowing into our economy and many jobs. In addition, a protocol agreement was signed between Florida and Brazil establishing mutual cooperation in the film industry for 'cultural and economic growth. Ms. Swan presented and promoted Miami Film Industry at the Cineposium '89 (a convention of Film Commissioners International of which she is a member) in Park City, Utah; at The Ameri,can:. Film Market '89 in Los Angeles, California; at The Ibero-American Foro in Venezuela as a guest of Venezuela; at the City of Miami.. Trade Mission to the Far East (at her own expense) `and at the Cannes Film Festival '00 in Cannes, France. 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 1 ocati on, As a result of these efforts, Miami's image as a world film center has been greatly enhanced, as evidenced by the numerous' articles in the National and International Press. The term of flora Swan's Agreement expires August 30, 1990. To continue the industry's promotional activities and the coordination of the "Miami/Florida Inter -American Conference and Market on . Fi l m, Vi deo, TV and Recording" that wi 1 1 be hel d i n Miami on November 8-11, 1990, it is requested that the attached Resolution be adopted by the City Commission. Attachments; Proposed Resolution Professional Services Agreement r.