HomeMy WebLinkAboutR-89-0616R
J-89-681
07/03/89
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RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENT
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN SUBSTANTIALLY THE FORM
ATTACHED, WITH NORA SWAN, AN INDIVIDUAL,
IN AN AMOUNT NOT TO EXCEED $200'000 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, 1989, PLUS OUT OF
POCKET EXPENSES BILLED AT COST NOT TO
EXCEED AN AMOUNT OF $5,000, FURTHER
AUTHORIZING COMPENSATION FOR SERVICES FROM
MONIES IN THE DEPARTMENT OF
DEVELOPMENT'S 1988-89 FISCAL YEAR BUDGET.
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, Nora Swan possesses the professional qualifications
and expertise required to assist the City of Miami in enhancing
and furtherdeveloping these industries;
NOW, THEREFORE; BE IT RESOLVED BY THE COMMISSION OF THE CITY ;a
OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to execute
an Agreement-, in substantially 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 industries in the City of Miami, plus
out of,pocket expenses billed at cost not to exceed an amount of
$5,000 for a one-year period commencing September 10 19890
further authorizing compensation for services from monies
in the Department of Development's 1988-89 fiscal year
budget. cm Como, XQ -
1/ The herein authorization is further subj ME$TI1� L=
to compliance with all requirements that may —
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be imposed by the City Attorney as presc iACT '
by applicable'City Code provisions. JUG,
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Section. This Resolution shall become effective
immediately upon its adoption pursuant to law.
PASSED
FINANCIAL REVIEW:
4FINANC DEPARTMENT
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PROFESSIONAh__SERV'ICES .AGREEMENT
This Agreement is entered into this day of
1989, 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, 1989
through August 30, 1990.
II. SCOPE OF SERVICES
Under the general supervision of the Department of
Development, the CONSULTANT's responsibilities are as follows;
A. CONSULTANT shall compile a directory of facilities and
services relating to the Film Industry in the Greater Miami Area.
B. CONSULTANT shall coordinate Miami/Florida Inter -American
Conference and Market on Film, Video, TV and Recording (MIFIA).
C. CONSULTANT shall continue efforts to establish a -n
producers market that would attract new productions and creates
new jobs in Miami.
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D. CONSULTANT will dontinue to ekplofe the possibilities of
developing Miami as a distribution center for film products,
is, CONSULTANT shall act as a clearing house, liaison, and
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consultant for all film related projects.
F. CONSULTANT shall service and assist filmmakers working
in Miami during every phase of their production.
G. CONSULTANT shall continue the development of an
aggressive marketing and public relations campaign to attract the
film and video industry to this area.
fi. CONSULTANT shall emphasize the development of the
International Film market with an emphasis on the Spanish
language. Given Miami's strategic location, its international
banking and transportation infrastructure, and its multi-
cultural, multi-lingual capabilities, it is a natural to capture
a significant share of this multi -billion dollar industry.
I. 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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J. CONSULTANT shall represent the City
of Miami at film-
related functions and film -related Special
Events and assist
where deemed necessary.
K. CONSULTANT shall plan and oversee seminars, conferences,
special events for the City of Miami that
would enhance the -
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growth of the industry or the image of Miami.
L. CONSULTANT shall, when deemed
necessary, attend
conferences, meetings or Special Events
outside of ..Miami
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(expenses to be reimbursed at cost by the
City pursuant to
Section III.C. herein).
M. CONSULTANT, shall work closely with
the Coordinator of
the Film Permitting for Miami, when necessary.:
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N. CONSULTANT shall act as liaison°:between the City of
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Miami and other Film Offices and Film Organizations.
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0.-' CONSULTANT shall prepare promotional
materials foratha
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film industry.
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III. 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
$15.00 per hour rate up to a maximum of 1333 hours.
C. out of pocket expenses, as approved by CITY, will be
billed to CITY at cost, with a maximum limit of $5,000.
D. CONSULTANT shall submit invoices and supporting
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. 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 MIAMI CONSULTANT
Department of Development Nora Swan
300 Biscayne Blvd, Way Consultant
Suite 400 5055 Collins Avenue -
Miami, Fla 33131 Suite 9F
(305)372-4590 Miami Beach, FL. 33140
B. Title and paragraph headings are for convenient reference,
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and are not a part of this Agreement.
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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 States 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.
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 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. =_
VII. NONDELEGABILITY
That the obligations undertaken by :CONSULTANT pursuant to
this Agreement shall not be delegated or assigned:.'to az�y s,er
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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 RIOIITS
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 AGREEMENT
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
presently exercises any functions or responsibilities in
connection with this Agreement has any personal financial
interest, 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 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 CITY, or any rights generally afforded
classified or unclassified employees; further he/she shall not be
i deemed entitled to the Florida Workers' Compensation benefits'as
} an employee of CITY.
�I 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
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— 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 CONSULTANTan amount -in
excess of the total sum provided by this Agreement. -'
it is hereby understood by and between the -CITY and" tX►e
CONSULTANT: that any payment made in •accordance with this �Sectiori;
to CONSULTANT shall be made, only, cif said CONSULTANT is • not ,:`.n
default under the terms- of this Agreement.° .-If the � -CONSULT s
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in default, then the CITr shall in no way be obligated and shall
not dray to the CONSULTANT any sutra whatsoever.
XVI. NONDISCRIMINATION
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. 10538, the Minority Women/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 PROVISION
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 notice was _
{ given (or, in the event such default can not be cured within ten.!;=
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(=10) days, then, if such cure is not commended within such 'ten u
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(10) day period and diligently completed thereafter), may cancel'
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and terminate this Agreement, and all payments, advances, orother;
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paid to CONSULTANT by
CITY while
CONSULTANT 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 sets forth the rights, duties, ana 0D11gauV11U %JL =ct"
as of its date. Any
prior agreements, promises,
to the other
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 -
to be executed by the respective
officials thereunto
instrument
duly authorized, this the day and year first above written.
CITY OF MIAMI, a Municipal
Corporation of the State
of Florida
ATTEST:
—
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By
CESAR H. ODIO
—_ MATTY HIRAI
City Manager
City Clerk
CONSULTANT: NORA SWAN,
an individual
-
By
NORA SWAN, ind vidually
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WITNESSES:
'r As to CONSULTAN'
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CITY OF MIAMI, FLORIDA
CA 24
INTER -OFFICE MEMORANDUM
TO : Honorable Mayor and Members DATE : U U L 3 1989 FILE:
of the City Commission
SUBJECT : professional Services -
Agreement/Nora swan
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FROM: Cesar H. Odio REFERENCEsFor City Commission
City Manager Meeting of July 3, 1989
ENCLOSURES:
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, 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 industries in the City of Miami for a
one.year period commencing September 1, 1989, plus out of pocket
expenses billed at cost not to exceed an amount of $5 000,
further authorizing compensation for services from monies
- allocated in the Department of Development's 1988-89 Fiscal Year
Budget.
BACKGROUND: -
The Department of Development recommends the adoption of the
attached Resolution to support ongoing efforts for the
enhancement of the film, television and recording industries in
the City of Miami.
on October 6, 1988, the City Commission adopted Resolution:.No..
88-908, authorizing the City Manager to execute an Agreement wit
Nora Swan for the planning and implementati o promotional x
activities related to the film, television and... record.1 11
industries in the City.
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CITY OF MIAMI, FLORInA
INTEROFFICE MEMORANDUM
Manohar Surana June 30, 191�9
To : DATE : FILE
Director Availability of Funds
Budget Department >;��ItIECT
FROM Hubert J. Bailey REFERENC£S'ttdVtle� prOfosBiOnm1
Assistant City Mann Services Agreement
ENCLOSURW$-
The attached AgrVment is scheduled on the July 13, 1989 City
commission meeting agenda. Please verify the availabilityof
$25,000 from the Department of Developments' FY 189 Budget,_
Account# 550101-270, to onter into said Agreement.
APPROVED/DYSAPPROVEDs
Manohar na
Budget a rtmant
HJB ARW/br
Attachment ( rYt
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