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HomeMy WebLinkAboutR-88-0409J-$$=415 05/09/$8 F49-409 RESOLUTION N0. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN THE FORM SUBSTANTIALLY ATTACHED HERETO, BETWEEN THE CITY OF MIAMI AND CORONADO STUDIOS, IN AN AMOUNT NOT TO EXCEED $4,500, FOR THE PRODUCTION OF A MOTION PICTURE INDUSTRY MARKETING VIDEO FOR THE CITY OF MIAMI, WITH MONIES THEREFOR ALLOCATED FOR SAID AGREEMENT FROM THE DEPARTMENT OF DEVELOPMENT BUDGETED FUNDS. WHEREAS, an important part of local economic development is assisting growth industries to locate an expand within the City; and WHEREAS, film making is a growth industry in South Florida with Miami gaining international importance as a City where films are increasingly made and premiered, making the film industry an important part of Miami's economic future; and WHEREAS, Coronado Studios, being a full service film and video tape production company, established in Florida since 1961, holds the professional qualifications required to produce a marketingvideofor the promotion of the Motion Picture Industry in Miami, NOW,THEREFORE, BE OF MIAMI, FLORIDA: Section 1. Th IT RESOLVED BY THE COMMISSION OF THE CITY City Manager is hereby authorized to execute an agreement, in the form substantially attached hereto, between the City of Miami and Coronado Studios, in an amount not to exceed $4,500, for the production of a motion picture industry marketing video for the City of Miami. Section 2. An amount not to exceed $4,500 from the Department of Development budgeted funds is hereby allocated for said agreement. CITY COMMISSION ATT�+, ±s^;�F�,; MEETING OF � ,ra3 MAY 12 1988 RESOLUTION No. 813 �I PASSED AND ADOPTED this 12th day of Ma ATTEST: FINANCIAL REVIEW & APPROVAL' (kaw--j- DEPA ENT OF FINANCE BUDGETARY REVIEW & APPROVAL: MANDRAR SUR& DIRECTOR DEPARTMENT NAGEMENT AND BUDGET PREPARED AND APPROVED BY: ROBERT CHIEF DEPUTY CITY ATTORNEY APPROVED,.,AS TO FORM AND CORRECTNESS: • CITY AT. RNEY 1088. PROFESSIONAL SERVICES M REEHENT This Agreement entered into this __ _- day of ._�.__ ._.111-0 1988, by and between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as "CITY", and Coronado Studios a for profit corporation of the State of Florida hereinafter referred to as "CONSULTANT". R E C I T A L S i WHEREAS, an important part of local economic development is assisting growth industries to locate an expand within the City; and WHEREAS, film making is a growth industry in South Florida with Miami gaining international importance as a City where films are increasingly made and premiered, making the film industry an important part of Miami's economic future; and WHEREAS, the CONSULTANT, being a full service film and video tape production company, established in Florida since 1961, holds the professional qualifications required to produce a marketing video for the promotion of the motion picture industry in Miami, hereinafter referred to as the "WORK". 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 frm June 1, 1988 through December 31, 1988. II. SCOPE OF SERVICES The CONSULTANT shall under the direct supervision of the Department of Development, undertake and be responsible for the accomplishment of the following activities: i. To write the script of the WORK in accordance with the Proposal which is attached and incorporated herein as part of this Agreement as Exhibit 1. 2. To provide all necessary crew and equipment for shooting all original portions of the WORK as detailed I in Exhibit 1. 3. To assist the City in the compilation of all necessary r production elements and support services to be provided by other parties. 4. To supervise the complete production of the WORK, a 3/4" edited master video tape which is to be submitted to the City, within the term of this Agreement. The CITY agrees to supply, only as might be readily s available, the following production elements: 1. Copies of commercials and print advertisements, as well as clips from feature films, or television programs that have been produced in the area. 2. Clearances necessary for the use of such footage and/or photographs provided to the CONSULTANT. 3. Permission to shoot at any or all locations that may be required by the script of the WORK at no cost to the CONSULTANT. III. COMPENSATION 1. The CITY shall pay CONSULTANT, as maximum compensation for the services required, pursuant to Paragraph II hereof, Four Thousand Four Five Hundred Dollars ($4,500.00). 2. Such compensation shall be paid on the following basis: 50% ($2,250.00) Upon execution of this Agreement. 50% ($2,250.00) Upon completion and acceptance of the WORK. 3. The CITY shall have the right to review and audit the time records and codes of federal, state and local governments. 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. -2, V. GWRAL 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 t s. may be changed from time to time. Such notice shall be deemedgiven 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 Coronado Studios 300 Biscayne Blvd. Way 4500 Biscayne Blvd. Suite 400 Miami, Florida 33137 Miami, Fla 33131 573-7250 i 579-3366 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 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, -3- 3 r i i the servites rewired pursuant to paragraph It hereof and shalt 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. NONOELEGABILITY 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. The CONSULTANT agrees that there shall be no subcontracts in connection with the Agreement without the prior written approval of the CITY and that all such subcontractors or assignees shall be governed by the terms and intent of this Agreement. Anyone hired by the CONSULTANT (subcontractor or any other expense) is solely the responsibility of the CONSULTANT. Nothing stated herein will create an obligation on the part of the CITY to compensate the subcontractor. IX. AWARD OF AGREEMENT The 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, commissionpercentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. -4- &: M is X. CONSTRUCTION OF AGREEMENT This Agreement shall be construed and enforced according to the laws of the State of Florida. Xi. SUCCESSORS AND ASSIGNS this Agreement shall be binding upon the parties herein their heirs, executors, legal representatives, successors, and assigns. XIII. CONFLICT OF INTEREST The CONSULTANT covenants that no person under its employ who 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. The CONSULTANT, in the performance of this Agreement, shall be subject to the more restrictive law and/or guidelines regarding conflict of interest promulgated by federal, state or local government. 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 The 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 deemed entitled to the Florida Workers' Compensation benefits as an employee of CITY. ON 41 GO id XV, TERMINATION OF CONTRACT CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to paragraph it hereof without penalty to CITY. 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 CITY pay CONSULTANT an amount in excess of the total sum provided by this Agreement. The CONSULTANT reserves the right to terminate the Agreement at any time prior to completion of the services required pursuant to Paragraph II hereof without penalty to the CONSULTANT. Notice of termination of this Agreement shall be in writing to the CITY and the CITY will pay for services performed prior to receipt of notice of termination. It is hereby understood by and between CITY 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 CITY shall in no way be obligated and shall not pay to CONSULTANT .any sum whatsoever. + XVI. NONDISCRIMINATION �i y= The 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 i 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 The 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 f substantive and procedural provisions therein, including any amendments thereto. -6- W- XVIII. CONTINAMY CLAUSE Funding for this Agreement it contingent on the availability of funds and continued authorization for program activities and it 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 may cancel and terminate this Agreement, and all payments, advances, or other compensation 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 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 amendm ents 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. ATTEST: MATTI HIRAI City Clerk CITY OF MIAMI, a Municipal Corporation of the State of Florida By GLSAR H 0010 City Ma;ager )SI M -7w 819-40 07 CONSULTANT: ATTEST Studio By __ .. _._ Pr--esTuW CORMA ETA KY o CORPORATE SEAL APPROVED AS TO INSURANCE APPROVED AS TO FORM AND CORRECTNESS: REQUIREMENTS: f _. nsurance anager City Attorney 1; Al t CItY OF MIAM1. mombA INTER -OFFICE MEMORANDUM To, Honorable Mayor and Members of the City Commission FROM Cesar H. Odi City Manager RECOMMENDATION: 1� DATE: ;*1.A. 4 1988 FILE: SUNJECT. Authorization ltto Execute Agreement with Coronado Studio Commission Meeting of May 12, 1988 REFERENCES: ENCLOSURES: Resolution, Agreement It is respectfully recommended that the City Commission adopt the attached resolution authorizing the City Manager to execute an agreement, in the form substantially attached hereto, between the City of Miami and Coronado Studios, in an amount not to exceed $4,500, for the production of a motion picture marketing video for the City of Miami. Funding is available for this agreement from the Department of Development budgeted funds. BACKGROUND: The Department of Development recommends that Coronado Studios be retained by the City of Miami through a professional services contract to produce a marketing video for the promotion of the motion picture industry in Miami. The importance of the film making industry to South Florida and Miami is evident in the number of films that are increasingly made and premiered in this area. The motion picture industry is growing and becoming an important part of Miami's economic future. Coronado Studios is a full service film and video tape production company, established in Florida since 1961. It holds the professional qualifications required to produce a marketing video for the promotion of the motion picture industry in Miami. The City of Miami must take an active role in assisting growth industries such as the film industry to locate and expand in our area. It is therefore, recommended that the City Commission authorize the execution of an agreement with Coronado Studios. Attachment •