HomeMy WebLinkAboutR-88-0293r
J-88-308
4/4/88
RESOLUTION 110.99-293 .
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY WITH THE FLORIDA FURNITURE
KANUFACTURERS ASSOCIATION IN AN AMOUNT NOT TO
EXCEED 86,000 FOR PROFESSIONAL SERVICES THAT
CONSIST OF PLANNING, ORGANIZING AND
IMPLEMENTATION OF ACTIVITIES FOR THE
PROMOTION OF THE MIAMI FURNITURE AND HOME
ACCESSORY INDUSTRY, USING FUNDS THEREFOR
WHICH WERE PREVIOUSLY ALLOCATED TO THE
DEPARTMENT OF DEVELOPMENT FOR ECONOMIC
DEVELOPMENT ACTIVITIES.
WHEREAS, The City of Miami is desirous of expanding eoonomio
development aotivities within the City; and
WHEREAS, an important part of looal eoonomio development is
assisting growth industries to expand within the City; and
WHEREAS, businesses related to furniture and home
aooessories are oonoentrated within the Wynwood, Edison Little
River and Wynwood Community Development Target Areas and employ a
signifioant number of low and moderate inoome City residents; and
WHEREAS, the furniture and home aooessory industries are
growth industries in South Florida, making them an important part
of Miami's eoonomio future; and
WHEREAS, The Miami Style Projeot has proven to be an
affeotive tool for the promotion of the looal home furnishing
industry; and
WHEREAS, the Florida Furniture Manufaoturers Assooiation
possess the professional expertise and ability to assist the City
of Miami to enhanoe and further develop the home furnishing and
home aooessory industries;
CITY COMMISSION
MEETING OF
APR 14 1988
No.
P P
NOW. THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to
execute an agreement, in the form acceptable to the City
Attorney, between the City and the Florida Furniture
Manufacturers Association to provide professional services
related to the Miami Style Project, oonsisting of planning,
organizing and implementation of activities for the promotion of
the Miami Furniture Home Accessory Industry.
Section 2. An amount not to exceed $6,000 to be provided
for said services from funds previously allocated to the
Department of Development for Economic Development.
PASSED AND ADOPTED this 14th day of April 1988.
-KAVIER L . SUAREZ , MAYOR
ATTB
WATI AI. CI ERK
BUDGETARY REVIEW AND APPROVAL:
( 1�
MANOHAR F. SUVOA. DIRECTOR
DEPARTMENT OPKXANAGEMENT V BUDGET
FINAN91AL REVIEW AND APPROVAL:
dkK04 E. GARCIA. DIRECTOR
FINAWCE DEPARTMENT
PREPARED AND APPROVED BY: APPROV
CORRE
ROBBRT F. CLARK II A A.
CHIEF DEPUTY CITY ATTORNEY CITY ATT
-2-
AS TO FORM AND
as:
f38-293_..
r PI. 21
CITY OF MIAMI. FLORIOA
INTER -OFFICE MEMORANDUM
�O Honorable Mayor and Members
of the City Commission
rROM
Cesar H. Odio
City Manager
RECOMMENDATION
DATE MAR 3 1 1988 "`E
SUSPECT Authorization to execute
an Agreement with the
Florida Manufacturers
REFERENCES Association
For April 14, 1988
ENCLOSURE5Commission Meeting
It is respectfully recommended that the City Commission adopt the
attached resolution authorizing the City Manager to execute an
agreement, in a form acceptable to the City Attorney, with the
Florida Furniture Manufacturers Association in an amount not to
exceed $6,000, for professional services in connection with the
Miami Style Project for 1988.
BACKGROUND
The Department of Development recommends entering into a contract
with the Florida Furniture Manufacturers Association to plan,
organize and implement activities related to the Miami Style
Project.
The Miami Style Project is a Furniture/Home Accessory Design
Competition with the goal of gaining national and international
recognition for local designers and manufacturers by promoting
Miami as a center for design and innovative ideas. This program
intends to boost local production and employment with new "Miami
Style" products that have mass market appeal. This competition
links the designer with the manufacturer with the retailer Vien
the consumer.
The Miami Style project was successfully launched last year with
over 60 Designers/Manufacturers participating.
The furniture home accessories industries are growth industries
in South Florida making them an important part of Miami's
economic future.
The Miami Style Project has a proposed budget of $29,000. Part
of this money will be funded through the Florida Furniture
Manufacturers Association. Services proposed to be undertaken by
this contract include project coordination, public relations,
marketing, identification and solicitation of participants and
general consultation. These services would be implemented by the
Florida Furniture Manufacturers Association. The Association has
the expertise to undertake these activities. They woul d co-
sponsored the event last year with the City.
V-1-I
88-Z93..
P
Mon. Mayor and Members of the
City Commission
Pat* Z
It is requested that the City commission authori to the City
Mana9#r to #Recut# an agreement with the Florida Furniture
Manufacturers Association, which will include a stipulation Of
conditions and a detailed scope of professional services. It is
also requested that the City commission approve the use of $6,000
from General Funds which were previously allocated to the
Department of Development for economic development activities.
Attachments:
Proposed Resolution
Agreement
2
FFLORIDA ASSOCIATIOM OF F�tR1'IRi�RE MA1'1V CTV�RS. IM*
RLA Bu" / 141 Sievft Awn* / Cold G"s. Florida 33134 / Vepharw: (305) 443-3223
, F0
March 30, 1968
OFFICERS
Dwilent
o 8*CNR M
Mr. Cesar Od i o
Trim Trot Lioling
City Manager
vicePetueei
City of Miami
Asit Fine Art
Fine Art Lama
3500 Pan American Drive
sftmwy
Miami, FL 33133
Camlb Lopt. Jr.
Carrillo Muebles. Inc.
inert"
IN" Beeli
Dear Mr. Odio,
Dtsie Bedding Company
On behalf of the Florida Association of Furniture
aRECTORS
Manufacturers (FAFM) we hereby request funds for
►+e,se1dren
The pillar Factory
professional services in the amount of $6, 000 to cover
Re"Federiel
promotional and public relations fees associated with
Gerieral Mica Corporation
the MIAMI STYLE furniture design competition.
Stanley Ferbe►
FloridaManufacturingcttrirg y
y
MIAMI STYLE, jointly sponsored by the City of Miami
math„1 ;�
Department of Development and the FAFM, is a national
KanesMasterbuih
campaign to gain recognition for the design talents and
0+nbLeMl"
furniture manufacturing capabilities within the local
T-vo Lighting
furniture industry. We expect hundreds of furniture
Lamp" "
Aor*+peNeasualFtrnRt►a
and design professionals toparticipate
which will be judged by a ditinguished paneliofcontest
REGIONAL DIRECTOR
judges.
Ukst Coast
Keith Bete""►
Southern Comfort Furniture
Thank you for your help and consideration.
EXEWTIVE DIRECTOR
ROMWL"I` Yo trul
Ronald Levitt s y I
Public Relations 1*48r.
V
'�ONALD `BLECHMAN
President
c.c. Matthew Schwartz
RONALD L. LEVITT
Executive Director
�a
88-293..
r P, DRAFT
PROt'ESSiOIIIAL SERVICES AGREEh&NT
This Agreement entered into this 14th day of April, 1988, by
and between the City of Miami, a municipal corporation of the
State of Florida, herein�iter referred to as "CITY", and The
Florida Association of Furniture Manufacturers, a not for profit
organization, hereinafter referred to as "GRANTEE".
RECITAL:
WHEREAS, the City is desirous of securing professional
marketing, public relations and advertising services for a "Made
In Miami" campaign, hereinafter referred to as "PROJECT', which
might be rendered by the GRANTEE: and,
WHEREAS, the GRANTEE holds the academic and professional
qualifications required for these services; and,
WHEREAS, the GRANTEE is capable and desirous of performiny
such services and other allied tasks as might be desired by the
CITY:
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 April 14, 1988
through January 30, 1989.
7 T AA/1AT /^\:\ nl1 TtIT /1 L\L
1. The GRANTEE shall be under the general supervision of the
Assistant Director of the Department of Development and the
direct supervision of the appropriate support staff.
2. The GRANTEE shall be responsible for completing certain
enumerated task and coordinative activities related to the
PROJECT. The PROJECT is an economic development program of the
CITY to promote and foster the design, production, marketing and
export of locally -made items to the world. Initially, the
H8-293_
3
r fol
PROJECT proposes to focus on the design, manufacture and
marketing of new lines of furniture bearing the "Miami Style"
siynature and having mass market appeal.
The GRANTEE will undertake the following activities:
A. identify available furniture manufacturing facilities
belonging to the FLORIDA ASSOCIATION OF FURNITURE MANUFACTURERb
and other furniture manufacturers to facilitate cooperation
between member firms, outside companies, design contestants and
the CITY.
B. Identify the various furniture manufacturing technologies
available within the industry.
C. Solicit furniture manufacturers to participate in the
PROJECT.
U. Identify the categories of furniture design (or
ensembles) that will be included as part of the PROJECT.
E. identify the categories of furniture design that will be
included as part of the PROJECT.
F. Identify the composition of a panel of judges.
G. Solicit the above named judges, upon city review and
approval, to serve on the judging panel.
H. Identify a list of designers relative to the agreed upon
furniture categories that are a part of the PROJECT.
I. Solicit designers to participate in the PROJECT design
competition via personal contacts, direct mailings, trade
journals and general announcements.
J. Arrange contact and consultation among competitors and
manufacturers; such meetings are to provide competitors overview
of manufacturer's technical capabilities and to facilitate
effective production of design concepts.
K. Handle all project related publicity, including personal
contacts, direct mailings, trade journals, broadcast media and
general announcements.
Page No. 2.
A�-293._
Y
14
L. Publicize the PROJECT at appropriate trade gatherings.
d
M. Prepare a PROJECT publicity campaign budget that includes
k itemized accounts for direct mailings, trade journal
I!
announcements, and receptions (or displays) for the presentation
of awards for the winning designs and manufactured prototypes.
N. Prepare and budget for photography of winning exhibits
and hiIAh,l STYLE winners, and budget and prepare brochure and
poster, as well as other marketing materials, as needed.
O. Handle, as appropriate, receipt of entrance fees and
other income and expenditures.
P. Designate a public relations representative to coordinate
all of the above.
Q. Prepare and design a poster and brochure for the
marketing of the Miami Style PROJECT.
R. Prepare a prototype agreement to be entered into between
the manufacturer and City specifying quantity of manufacturer,
time frame of manufacturer and royalties to City.
III. CO MPENSATIONs
A. CITY shall pay GRANTEE, as maximum compensation for the
services required pursuant to Paragraph II hereof, $6,000-0
B. CITY shall have the right to review and audit the time
records and related records of GRANTEE pertaining to any payments
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.
Page No. 3
5
P. GENERAL CONDITIONS 1p
A. All notices or other communications which shall or may
De 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 GRANTEE
Matthew Schwartz The Florida Association of
Deputy Director Furniture Manutacturers, a
Department of Development not -for -profit organizaton
City of Miami
300 Biscayne Blvd. Way, Ste 400
Miami, FL 33132
B. Title and paragraph headings are for convenient refer-
ence 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 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 unen-
forceable 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.
Page No. 4
H8-293_
VI. OWNERSHIP OF DOCUMENTS
All documents developed by GRANTEE under this Agreement.
shall be delivered to the CITY by said GRANTEE upon com-
pletion of the services required pursuant to Paragraph II hereof
and shall become the property of the CITY, without restriction or
limitation on their use. The GRANTEE agrees that all docu-
ments maintained and generated pursuant to this contractual rela-
tionship between the CITY and GRANTEE 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 is given by CITY to GRANTEE pursuant
to this Agreement shall at all times remain the property of the
CITY and shall not be used by the GRANTEE for any other
purr use whatsoever without the written consent of the CITY.
VII. NON-DELEGABILITY
That the obligations undertaken by GRANTEE 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.
VIII. AUDIT RIGHTS
The CITY reserves the right to audit the records of
GRANTEE 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
GRANTEE 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.
Page No. 5
88-293 . .
X.?�CONSTRUCTION OF AGREEMEY.A>
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.
XII.- INDEMNIFICATION
GRANTEE 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 GRANTEE activities
under this Agreement, including all other acts or omissions to
act on the part of GRANTEE including any person acting for or
on its bahalf, and from and against any orders, judgments or
decrees which may be entered, and from and against all costs,
attorney's fees, expenses and liabilitie3 incurred in the defense
of any such claims, or the investigation thereof.
XIII. CONFLICT OF INTEREST
GRANTEE covenants that no person undeL i La am.pl cy
presently exercises any functions or responsibilities in connec-
tion with this Agreement has any personal financial interest,
direct or indirect, with CITY. GRANTEE 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 GRANTEE or its employees must be disclosed in
writing to the CITY.
GRANTEE 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 shall fully comply in all respects
with the terms of said laws.
XIV. INDEPENDENT CONTRACTOR
GRANTEE and its employees and agents shall be deemed to
be independent contractors, and not agents or employees of the
CITY, and shall not attain any rights or benefits under the Civil
Page No. 6
88-293.-
Service or Pension oru,nances of the CITY, or a rights gener-
ally afforded classified or unclassified employees; further they
shall not be deemed entitled to the Florida workers'
Compecisation benefits as an employee of the CITY.
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 Paragraph II hereof without penalty to CITY. In that event,
notice of termination of this Agreement shall be in writing to
1RANTEE , 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 GRANTEE an amount in excess of
the total sum provided by this Agreement.
It is hereby understood by and between CITY and GRANTEE
that any payment made in accordance with this Section to
GRANTEE shall be made only if said GRANTEE is not in
default under the terms of this Agreement. If GRANTEE is in
default, CITY shall in no way be obligated and shall not pay to
GRANTEE any sum whatsoever.
XVI. NONDISCRIMINATION
GRANTEE agrees that it shall not discriminate as to race,
sex, color, creed, age, 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
GRANTEE 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 sub-
stantive and procedural provisions therein, including any amend-
ments thereto.
Page No. 7
X� I. CONTINGENCY CLAUSE
Funding for this Agreement is contingent on the availability
of funds and continued authorisation for program activities and
is subject to amendment or termination due to lack of funds, or
authorisation, reduction of funds, and/or change in regulations.
XIX. DEFAULT PROVISION
In the event that GRANTEE 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 and upon written notice to GRANTEE
may cancel and terminate this Agreement, and all payments,
advances, or other compensation paid to GRANTEE by CITY while
GRANTEE 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 and correctly sets forth the
rights, duties, and obligations c,i ea:.1a 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.
Pag• No. 8
R8��93�
/D
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by the respective officials thereunto
duly authorised, this day and year first above written.
ATTEST:
MhTTY HIRAI
CITY CLERK
ATTEST:
CORPUKATE SECRETARY
APPROVED AS TO INSURANCE
REOU I RE: MENTS &
INSURANCE MhNAGE:R
APPROVED AS TO FORM AND
CORRECTNESS:
LUCIA A. DOUG ERTY
CITY ATTORNEY
CITY OF MIAMI, A bwnicipal
Corporation of the
State of Florida
8Y
CISAR ci . 0313
CITY bcANAGER
GRANTEE: The Florida Association of
Furniture bAnufacturers, a
Hot For Profit Organisation
Page No. 9