Loading...
HomeMy WebLinkAboutR-89-0890J-89-895 9/27/89 89-890. RESOLUTION NO. _ A RESOLUTION, WITH ATTACHMENT, AUI'HORI Z ING THE CITY MANAGER TO EXECUTE A PROFESSIONAL, SERVICES AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED, WITH HERB KELLY, TO PROVIDE AN ANTI- DRUG EDUCATION CAMPAIGN FOR THE CITY OF MIAMI POLICE DEPARTMENT, WITH FUNDS T!-IEREFOR ALLOCATED IN AN ANAUNT NOT TO EXCEED $32,500 _ FROM THE LAW ENFORCEMENT TRUST FUND AND SUBJECT TO ADOPTION OF AN ORDINANCE APPROPRIATING SAID AMaM. WHEREAS, Florida State Statute 932.704(3)(a), as amended, authorizes the expenditure of forfeiture proceeds for law enforcement purposes not considered normal operating expenses; and WHEREAS, the City of Miami, along with the rest of the nation, has experienced a major increase in drug sales, purchases and use; and WHEREAS, in an effort to better serve the citizens of the City the Police Department proposes to implement a Anti -Drug Education Campaign; and WHEREAS, this campaign will consist of television advertisements, billboards, bus benches and posters on the interior and exterior of buses; and WHEREAS, Herb Kelly has been in the business of preparing public service campaigns and similar advertising and promotional campaigns for over 28 years; WHEREAS, Herb Kelly has agreed to the terms and conditions of the proposed Professional Services Agreement; and WHEREAS, funds to cover the necessary expenses required for the above campaign have not been included in the Police Department's normal operating budget; and WHEREAS, the Chief of Police has recammended adoption of this resolution and has determined that the expenditures proposed comply with Florida State Statute 932.704, as amended; and WHEREAS, funds to cover the necessary expenses required for this campaign are available in the City of Miami Law Enforcement Trust Fund; and hM?YAS, herein authorization is conditioned upon the adoption of an appropriations ordinance to provide funding for the herein campaign; ATTACHMENTS =°��e°" COREriTAINS OCT i= �sas _. _... es -ego rt www1w+ 4. ' is 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 approved, confirmed and 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 a Professional Services Agreement, in substantially the attached form, with Herb Kelly, to prepare and present an anti -drug education campaign for the City of Miami Police Department, with funds therefor hereby allocated in an amount not to exceed $32,500 fram the Law Enforcement Trust Fund, Project No. 690001, Index Code 029002, Minor object 247, conditioned upon the adoption of an ■ appropriations ordinance to provide funding for this campaign, upon such costs having been approved by the Chief of Police. Section 2. This Resolution shall became effective immediately upon its adoption. PASSED AND ADOPTED this 12th MATTY HIRAI CITY CLERIC FORM AND CORRECTNESS: R-� M1213 day of Octo r 9 XAVIER L Zr YOR 2 l46 L] U 09/01/89 ■ THIS AGREEMENT is entered into this day of , 1989, by and between the CITY OF MIAMI, a munic- ipal corporation of the State of Florida, hereinafter referred to as the "CITY", and Herb Kelly, an Individual, hereinafter referred to as the "PROVIDER"; WHEREAS, the CITY and the PROVIDER enter into this Profes- sional Services Agreement with the knowledge and spirit of full cooperation of the mutual covenants and obligations herein con- tained, and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree as follows: SCOPE OF SERVICE The PROVIDER shall implement the following professional services to the City of Miami Police Department, hereinafter referred to as the Department. 1. The PROVIDER will arrange, coordinate and. produce a series of 30 second, anti -drug education messages to be aired on television. 2. The PROVIDER will supply all script writing and artists necessary to complete the television production. 3. The PROVIDER shall utilize 40 billboards, 60 bus benches and 90 bus posters, on the interior and exterior of buses, over the duration of the project, in disseminating anti -drug messages to the public. 4. The PROVIDER shall supply silk screen printing for the creation of all posters and other printed materials. COMPENSATION CITY shall pay the PROVIDER, as maximum compensation for the services required pursuant to Article II hereof, $32,421. Payment to be made. within thirty (30) days of the completion of the project. -I- ARTICLE III TERMS This Agreement shall commence upon the execution of the document by the City Manager and terminate eight weeks from that date. TERMINATION CITY retains the right, upon twelve (12) days written no- tice, to terminate this Agreement at any time prior to the com- pletion of the services required pursuant to this Agreement without penalty to CITY. In that event, notice of termination of this Agreement shall be in writing to PROVIDER, 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 CITY pay PROVIDER an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between CITY and PROVIDER that any payment made in accordance with this Section to PROVIDER shall be made only if said PROVIDER is not in default under the terms of this Agreement. If PROVIDER is in default, the CITY shall in no way be obligated and shall not pay to PROVIDER any sum whatsoever. INDEPENDENT CONTRACTOR. That the PROVIDER and its employees and agents shall be deemed to be independent contractors, not agents or employees of the 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 they shall not be deemed entitled to Florida Worker's Compensation benefits as employees of the CITY. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS Both parties shall comply with all applicable laws, ordi- nances and codes of Federal, State and Local Governments. PROVIDER agrees that it shall not discriminate as to race, sex, color, creed, national origin or handicap in connection with its performance under this Agreement. 89 It v PROVIDER shall abide by Ordinance No. 10538, the Minority Procurement Ordinance of the City of Miami and 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. MONITORING The PROVIDER agrees to permit the CITY and authorized agents to monitor, according to applicable regulations, the program which is the subject of this Agreement. The CITY shall give reasonable notice to the PROVIDER before monitoring. OWNERSHIP OF DOCUMENTATION All documents developed by PROVIDER under this Agreement shall be delivered to CITY by said PROVIDER upon completion of the services required pursuant to this Agreement and shall become the property of CITY, without restriction or limitation on its use. PROVIDER agrees that all documents maintained and generated pursuant to this contractual relationship between CITY and PRO- VIDER 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 photographs, information, writings, maps, contract documents, reports or any other matter whatsoever which is given by CITY to PROVIDER pursuant to this Agreement shall, at all times, remain the property of CITY and shall not be used by PROVIDER for any other purposes whatsoever without the written consent of CITY. A. INDEMNIFICATION The PROVIDER 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 PROVIDER's activities under this agreement including all other acts or omissions to act on the part of the PROVIDER or any of them, including any person acting for or on his or their behalf, and, from and against any others, judgements or decrees which may be entered and from and against all costs, attorneys fees, expenses and liabilities incurred in the defense of any such claims or in the investigation thereof. B. INSURANCE The Department has expertise in the area of advertising and public relations. The PROVIDER has 28 years of experience in producing public service campaigns and preparing public relations advertisements. It is requested that the PROVIDER be exempt from the regularly required insurance. The Media Relations Unit of the Department will accept responsibility of monitoring all activities as it relates to the PROVIDER's involvement with the Miami Police Department's anti -drug education campaign. ARTICLE X _ 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 changes in regulations. DEFAULT PROVISION In the event that PROVIDER shall fail to comply with each and every term and condition of this Agreement or fails to per- form any of the terms and conditions contained herein, then CITY, at its sole option, upon written notice to PROVIDER may cancel and terminate this Agreement and all payments, advances or other compensation paid to PROVIDER by CITY while PROVIDER was in default of the provisions herein contained, shall be forthwith returned to the CITY. ARTICLE XII ENTIRE AGREEMENT This instrument and its attachments constitute the sole and only agreement of the parties hereto relating to said project 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. GENERAL CONDITIONS A. General conditions 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. -4- Such notice shall be deemed given on the day on which per- sonally served; or if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI HERB KELLY 3500 Pan American Drive P.O. BOX 450-129 Miami, Florida 33133 Miami, Florida 33245 COPY TO! Chief of Police 400 N.W 2nd Avenue Miami, Florida 33101 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 docu- ments, the terms in this Agreement shall rule. D. 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 other- wise 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. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the persons thereto legally authorized, this the day and year first above written. 4 -5- ATTEST: ATTEST: CITY CLERK APPROVED: CHIEF OF POLICE APPROVED AS TO FORM AND CORRECTNESS: CITY ATTORNEY APPROVED AS TO INSURANCE REQUIREMENTS: DEPARTMENT OF RISK MANAG NT -6- HERB KELLY PRO IDER, AN ND VIDUAL CITY OF MIAMI A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA CESAR H. ODIO CITY MANAGER L CITY OF MIAMI, FLORIDA INTEROFFICE MEMORANDUM CA 16 TO : The Honorable Mayor and Members DATE : O C I _ .y ,19$9 FILE of the City Commission SUBJECT : Professional Services Agreement for Anti -Drug R&61f� Education Campaign FROM : Cesar H. Odio REFERENCES: City Manager ENCLOSURES: It is recommended that Herb Kelly be services contract to prepare and present campaign for the City of Miami Police therefor allocated in an amount not to Law Enforcement Trust Fund. awarded a professional an anti -drug education Department with funds exceed $32,500 from the The Police Department wishes to sponsor an anti -drug education campaign which will include television advertising, billboards, bus benches and posters on the- interior and exterior of buses. This campaign will be targeted in areas of high narcotics usage within the city's jurisdiction but will necessarily be viewed county wide. This program is part of the Police Department's continuing effort to reduce drug usage and crime by educating the youth of the city and the public as a whole. It is, therefore, recommended that Herb Kelly be awarded a professional services agreement to provide an anti -drug education campaign at a proposed cost of $32,500. The funding source will be The Law Enforcement Trust Fund, Project No. 690001, Index Code 029002, Minor Object 247. CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM ti TO : William J . Schaut DATE : FILE : Chief Procurement Officer SUBJECT : Resolution for Professional Services FROM : Perry L . Anderson, Jr. REFERENCES: Chief of Police ENCLOSURES: This department has verified that funds are available with the Departments of Finance and Budget to cover the cost of Professional Services from Herb Kelly at a cost of $32,500. Funding is to be from the Law Enforcement Trust Fund, Project No. 690001, Index Code 029002-247. FINANCE REVIEW & APPROVED BY: ADDITIONAL APPROVALS (IF REQUIRED) Carlos Garcia, Director Eduardo Rodriguez, CIP Manager Department of Finance City Manager's Office BUDGETARY REVIEW & APPROVED BY: Xanohar S na, Director Frank Castaneda, Director `JDepartme "of Budget Community Development (This form properly signed is part of the bid evaluation and recommendation package to be placed on the agenda and at be attached to the resolution cover memorandum.) •''' „p T 1 A _ 10 U ■ AFFIDAVIT I, Perry L. Anderson, Jr., Chief of Police, City of Miami, do hereby certify that the aforementioned request for expenditures from the City of Miami Law Enforcement Trust Fund, for the Preparation and Presentation of a Anti -Drug Education Camnaian at an approximate cost of S32.500, complies with the provisions of Section 932.704, Florida Statutes. Perry L. Anderson, Jr. Chief of Police City of Miami Polic Department Date ORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF • 1989. NOTAA6PUBLIC My Commission Expires: NOTARY PUNLIC STATE OF FLORIDA W COWISSIO1 EXF. AU6. $91911 WORDED IN" ot DATE