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HomeMy WebLinkAboutR-84-01783=84=82 1/11/84 rr/D=6 M84=34 (1/19/84) RESOLUTION NO. 84-1 t 8 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT', IN SUBSTANTIALLY THE FORM ATTACHED, WITH M 0 R T Y FREEDMAN AND ASSOCIATES, INC., EFFECTIVE JANUARY 19, 1984 AND TERMINATING AUGUST 1, 1984, TO COORDINATE THE "1984 INTERNATIONAL FESTIVAL" TO BE HELD JUNE B, 9, AND 10, 1984 WITH FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED $130947.67 ALLOCATED FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, SUBJECT TO THE AVAILABILITY OF FUNDS. WHEREAS, the City of Miami desires to obtain the services of Marty Freedman and Associates, Inc. to coordinate the 111984 International Festival"; and WHEREAS, said firm has expressed a desire to perform the required services for the City; and WHEREAS, the City Commission, by Motion 84-34 on January 199 1984, appointed Morty Freedman the Executive Director of the Miami International Festival and authorized a base salary of $8,000 plus an increase of the same percentage rate as that received by Assistant City Managers over the past 6 years, but not to exceed $150000; and WHEREAS, said computation amounts to $13,947.67; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute a Professional Services Agreement, substantially in the form attached, with Marty Freedman and Associates, Inc., effective January 19, 1984 and terminating August 1, 1984, to coordinate the entire production of the 111984 International Festival# to be held June 8, 9, and 10, 1984, CITY CO�MIXTING OF SSION . 1100 FEB 0 19� KSQLUIOj Ao- ow REMARKS. with funds therefor in an amount not to exceed $134941,67 hereby allocated from Special Programs and Accounts) l Contingent Fund, Section 2, The City's obligation under said agreement shall be subject to the availability of funds, PASSED AND ADOPTED this 9th_ day of February 1984, F Mauripe. Ai- Fe re - - - M Y 0 R ATTEST: ALFM G. i , CITY CLW4( PREPARED AND APPROVED BY: DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: GIRCIA-PLDRUSA ITY ATTORNEY COMPUTATION 8CHtbULt FOR MR, MORTY VktgDMAN's _8ALARY Amount of Base_ Amount Date of Increase % Increase* Increase Total $ 80000,00 December, 1918 5,5 $ 440.00 $ 8,440.00 8*440,00 April, 1979 2,2 185.68 8;625.68 8#625,68 October; 1979 6.0 517,54 9#143,22 9#143.22 October; 1980 10.0 914.32 10;057.54 10,057.54 April, 1981 2.0 201.15 10#258.69 10#258669 October, 1981 10.0 1,025.87 11,284.56 11#284.56 April, 1982 2.0 225.69 11,510.25 1i,510.25 October, 1982 10.0 10151.03 12,661.28 12,661.28 April, 1983 2.0 253.23 12,914651 12,914451 October, 1983 8,0 1,033416 13,947.67 * Information provided by Department of Human Resources and Office of Labor Relations. 1 CITY OP NllAfVl REGULAR MEETING PLUS CONTIf1UATI0N OF SPECIAL ���� CIERK REPORH MEETING OF JANUARY 18,19$ hhtftfi1N(% MATE., REGULAR MEETING---=JAN-LIARY 19, 1984 PACE N0, 3 A RESOLUTION APPROVING IN PRINCIPLE THE APPLICATIONS OF THE FOLLOWING DEVELOPERS FOR PROJECTS FOR SUBMISSION BY THE CITY OF MIAMI TO THE U►S, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR URBAN DEVELOPMENT ACTION GRANTS: HERITAGE PLACE LIMITED, FOR RENOVATION AND RESTORATION OF THE OLD GESU SCHOOL BUILDING INTO A FIVE=STORY PROFESSIONAL OFFICE BUILDING; AIRPORT 50400 LIMITED PARTNERSHIP; FOR CONSTRUCTION OF A NINE=STORY COMMERCIAL AND OFFICE BUILDING, AND MIAMI INTERDESIGN PARTNERSHIPS FOR THE CONSTRUCTION OF A THREE-STORY BUILDING CONTAINING SHOWROOM SPACE AND A PARKING GARAGE. A MOTION DEFERRING TO THE NEXT CITY CO?EMISSION MEETING CONSIDERATION OF A REQUEST MADE BY REPRESENTATIVES OF METROPOLITAN DADE COUNTY PORT OF MIAMI CONCERNING THE ADDITION OF TWO TERMINALS AND THE CONSTRUCTION OF AN OFFICE BUILDING IN THE PORT OF MIAMI IN ORDER THAT THE CITY MANAGER MAY MEET WITH PORT REPRESENTATIVES AND THE DEVELOPERS, AND MAY SUBMIT ALTERNATIVE PROPOSALS FOR CONSIDERATION BY THE CITY COMMISSION. A MOTION COMMENDING THE KIWANIS CLUB OF LITTLE HAVANA IN CONNECTION WITH THEIR EFFORTS TOWARDS THE SUCCESSFUL PRODUCTION OF THE "CALLS 8 OPEN HOUSE FESTIVAL' THROUGHOUT THE SIVEN (7) YEAR PERIOD IT HAS BEEN IN EXISTENCE; FURTHER WISHING THE KIWANIS CLUB THE BEST OF LUCK WITH THIS YEARS FESTIVAL. A MOTION URGING THE KIWANIS CLUB OF LITTLE HAVANA TO MAKE EVERY ATTEMPT TO EXTEND THE BOUNDARIES OF NEXT YEAR'S "CALLS 8 OPEN HOUSE FESTIVAL" AS REQUESTED BY A GROUP OF MERCHANTS FOR INCLUSION OF THEIR AREA TO THE FESTIVAL'S BOUNDARIES, NAMELY, THE AREA OF S.Ul. 12TH AVENUE TO 3RD AVENUE. A MOTION DEFERRING CONSIDERATION OF A PROPOSED REORGANIZATION PLAN FOR THE CITY OF MIAMI POLICE DEPARTMENT AS CONTAINED IN A REPORT PREPARED BY THE FIRM OF B00Z, ALLEN b HAMILTON; DEFERRING SAID CONSIDERATION TO THE REGULARLY SCHEDULED C Z11SSION MEETING IN FEBRUARY IN ORDER TO ENABLE MEMBERS OF THE CITY COMMISSION TO THOROUGHLY REVIEW THE BOOZ, ALLEN & HAMILTON REPORT AND TO MEET WITH REPRESENTATIVES OF THE MIAMI POLICE DEPARTMENT TO GAIN THEIR INPUT INTO THE SUGGESTED CHANGES. �TMOTION GRANTING -A REQUESTkbt"AY REPRESENTATIVES OF THEINTERNATIONAl FOLK -FESTIVAL COMMITTEE FORi.-a)A WAIVER OF FEES FOR THE USE OF COCONUT bROVE EXHIBITION HALL, ON JUNE,8, 9 and 10, 1984; FURTHER AUTHORIZING ;THE CITY.MANAGER TO ALLOCATE AN AMOUNT EQUAL TO THE RENTAL OF THE AFORi. ''SAID ,FACILITY FOR THE CITED THREE (3) DAY FERIOD; (b) 'I4iE C"ISSION , URTHER_. AGREED TO CHANGE . THE NAME OF SAID EVENT TO: "MIAMI INI ET NAT10N FESTIVAL"; (c) FURTHER, IT WAS AGREED THAT IN THE FUTURE THE FESTIVAL -WIL,BE PRODUCED THROUGH THE COMBINED EFFORTS OF THE FARES AND RECREAd 3TION DEPARTMENT AND THE CITY MANAGER'S OFFICE; FURTHER, THAT THE EXI TNG INTERNATIONAL FOLK FESTIVAL COMMITTEE BE ABOLISHED „AND..THAT A N "MIAMIYiTITERNATIONATr FESTIVAL ADVISORY COMMITTEE" BE ESTABLISHED T ITiSURE ETHNIC.. ....... ....`._ ... .... GROUP itEPRESENTATION; AND FURTHER- APPOINTING MR MOR FREEDMAN AS EXECUTIVE DIRECTOR OF'THE MIAMI TNTERNATIONAL FESTIVAL SETTING HIS SALARY TO BEGIN WITH.A BASE OF $8,000 ANNUALLY, AND INSTRU,G - �NG.THE CITY MANAGER TO RESEARCH -COST -OF -LIVING INCREASES GRANTED TO ASSISTANT CITY MANAGERS DURING THE PAST SIX-16) FEARS AND TO ADJUST' MR. FREED"`.AN'S SALARY T REFLECT"THE'SAME PERCENTAGE INCREASE UP TO 8 NOT TO EXCEED $15,000.0 . A MOTION ACCEPTING IN PRINCIPLE A PLAN FOR CONSTRUCTION OF A NEW BRIDGE TO THE PORT OF MIAM1; FURTHER INSTRUCTING THE CITY MANAGER TO Ih'VESTI- GATE ANY POSSIBLE NEGATIVE IMPACT THE CONSTRUCTION OF THE NEW BRIDGE MAY HAVE ON MIA"lARTNA; FURTHER INSTRUCTING THE MANAGER TO DEIERIMINE THE STATUS OF THE EXISTING BRIDGE AFTER THE NEW BRIDGE IS FINALLY CO*!- PLETED AND TO REPORT TO THE CITY COMISSION A RECOMMENDED COMPENSATION TO BE RECEIVED FROM METROPOLITAN DARE COUNTY IF TINDEED THERE IS ANY EVIDENCE OF A NEGATIVE IMPACT ON MIAMARTNA AS THE RESULT OF THE CON- STRUCTION OF THIS NEW BRIDGE, R=84-29 MOVED: PLUMMER SECOND: CAROLLO UNANIMOUS M-84 50 MOVED: CAROLLO SECOND: DAWKINS UNANIMOUS M-84-31 MOVED: CAROLLO SECOND: PLMIER UNANIMOUS M-84-32 MOVED: PEREZ SECOND: DAWKINS UNANIMOUS M-84-33 MOVED: CAROLLO SECOND: DAWKINS UNANIMOUS "M44-3 MOVED: LU1• MER SECOND: DAWKINS UNANIMOUS M-84-35 MOVED: PLWIMER SECOND; PEREZ UNANIMOUS a Manny Alvarez January 301 1984 - gpecial Assistant j to the City Manager Additional material to CitHall, accompany the resolution authorizing a contract Carl Kern with Morty Freedman Acting Director Department of Parks and Recreation Attached is a copy of the contract negotiated with Morty Freedman for his services as a consultant to the International Festival, per motion 84-34. A copy of the cover memo which accompanied the resolution is attached for your information. PROFESSIONAL SERVICES AGREEMENT This agreement entered into as of the day of A s 1984, by and between the City of Miafnij a Municipal corporation of is bade County, Florida, located at 2600 South Bayshore Drive, Miami, Florida 33133, hereinafter referred to as "CITY", and Morty Freedman and Associates, Inc., principal office located at 7000 S.W. 72 Avenue, Suite 304, Miami, Florida 33143, hereinafter referred to as "CONTRACTOR". W I T N E S S E T H WHEREAS, the CITY OF MIAMI, requires professional services to coordinate the 1984 International Festival; and WHEREAS, the CONTRACTOR has expressed a desire to perform the required services for the City; and WHEREAS, the City Commission authorized the City Manager to nego- tiate and execute a professional service agreement by RESOLUTION NO. 1. TERM: This Agreement shall commence January 19, 1984 for the purpose of coordinating services stipulated in paragraph 2 of this agreement and shall terminate on the 1st day of August, 1984. A complete outline of services and duties in connection with the Festival will be submitted to the CITY on February 31 1984. The City will review the outline and make necessary recommendations with- in 15 days, but no later than February 24, 1984. 2. BASIC SERVICES: The CONTRACTOR shall provide the following professional serv- ices: to coordinate the entire production of the 1984 International Festival within its city -approved budget and including supervision of all promotional efforts, beginning January 19, 1984 through August 1, 1984. In this capacity the CONTRACTOR shall negotiate with partici- pants, vendors, and any advisory boards related to the production of the 1984 International Festival. 3, COMPENSATION; a) The CITY shall pay the CONTRACTOR, as compensation for the services required }pursuant to Paragraph 2 hereof, the amount of $ ,947.67, 44 b) The schedule of payments shall be as followsi Upon execution of this agreement: $6,747,67. Match 1, 1984s $1,200400 June 1, 1984c $1,200.00 Aptil 1, 1984! $lo200:00 July 1, 19844 $1,200,00 May 1, 1984! $lt200,00 August 1, 1984: $1,200,00 c) The CONTRACTOR and the CITY hereby agree that the maximum amount payable under this contract shall not exceed $13,947,67. 4, TERMINATION OF CONTRA The CITY retains the tight to terminate this Agreement at any time prior to the completion of the WORK without penalty to the CITY. In that event, notice of termination of this Agree- ment shall be in writing to the CONTRACTOR who shall be paid for all WORK performed prior to the date of this receipt of the notice of termination. In no case, however, will the CITY pay•the CON- TRACTOR an amount in excess of the total sum provided by this Agreement, it is hereby understood by and between the CITY and the CONTRACTOR that any payments made in accordance with this Section to the CONTRACTOR shall be made only if said CONTRACTOR is not in default under the terms of this Agreement. If the CONTRACTOR is in default under the terms of this Agreement, then the CITY shall in no way be obligated and shall not pay to the CONTRACTOR any sum whatsoever. 5.. GENERAL CONDITION; 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 or by telegraph 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. b) Titles and paragraph headings are for convenient reference and are not a part of this Agreement, e) in the event of conflict between the terms of this Agreement and any terms or conditions contained in documents, the terms in this Agreement shall rule, ' 1� "a d) �r y p this Agreement N waiver or breach oL an rovisiob of shall constitute a waiver of any F-I- z quent breach oL the same or any other provision hereof, and no waiver shall he =ffective unless made in Writing, 6, AWARD OF AGREEMENT! The CONTRACTORS watrant that they have not employed or retained any company or persons to solicit or secure this Agreement and that they have not offered to pay, paid, or agr-rv�d to pay any person or company any fee, com,Tission, percentage, brokerage feet or gifts of any kind contingent upon or resulting from the award of making this Agreement. The CONTRACTORS are aware of the conflict of interest laws of the City of Miami (Miami City Code Chapter 2, Article V) , Dade County, Florida (Dade County Code, Section 2-11.1) and the Florida Statutes, and agrees that they will fully comply in all respect with the terms of said laws. 7. NON-DELEGABILITY: It is understood and agreed that the obligations under- taken by the CONTRACTOR pursuant to this Agreement shall not be delegated to any other person or firm unless the CM shall first consent in writing to the performance of such services or any part thereof by another person or firm. 8. CONSTRUCTION OF AGREEMENT: The parties hereto agree that this Agreement shall be construed and enforced according to the laws, statrtes and case laws of the State of Florida. 9. SUCCESSORS AND ASS:GNS: This agreement shall be binding upon the Parties herein, theirs heirs, executors, legal representatives, successors, and assigns. 1.0. AUDIT RIGHTS The CITY reserves the right to audit the records of the CONSULTANT at any time dui ing the performance of ttis Agreement and for a period of one year after final payinent is mai- under this Agreement, 11, INDEMNIFICATION; CONTRACTOR shall j.emn fy and save the C= harmless from and against any and all clai.ns, liab-l}ties, losses, and causes of T 3r. R "7" action including reasonable attorney's fees] which may arise out of CONTRACTOR'S activities under this contract; including all other acts or omissions to act on the part of the CONTRACTORS of any of theme including any person acting for or on his or their behalf, 12, CONFLICT OF INTEREST: The CONTRACTOR covenants that no person under its employ who presently exercises any functions or responsibilities in Connection with this Agreement has any personal financial interests, direct or indirect, in this Agreement, The CONTRACTOR further covenants that, in the performance of this Agreement, no person having such conflict= ing interest shall be employed. Any such interests on the part of i the CONTRACTOR or its employees, must be disclosed in writing to the CITY. The CONTRACTOR, in the performance of this Agreement, shall be subject to the more restrictive law and/or guidelines regarding con- flict of interest promulgated by federal, state or local government. 13. INDEPENDENT CONTRACTOR: That the contractors and its employees and agents shall be deemed to be an independent contractor, and not an agent or employee of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinance of the CITY, or any rights general- ly afforded classified or unclassified employees; further he/she shall not be deemed entitled to Florida Worker's Compensation benefits as an employee of the CITY. 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. WITNESS: Corporate Secretary ATTEST: RALPH ONGIE, CITY CLERK CONTRACTOR MORTY-_f EEDMAN & ASSOCIATES, INC. CITY OF MIAMI, a municipal cor- poration of the State of Florida HOWARD V. GARY, CITY MNAGER APPROVED AS TO FORM AND CORRECTNESS; - _ - (,,EAL) DOSE R, GARCIA CITY ATTORNEY 9 4"1. l 8 4 .11 Tt .i CORPORATE RESOLUTION WHEREAS, the Board of Directors of Morty Freedmah & Associates, Inc,has examined terms, conditions and Obligations of the probosecl Contract with the City Of Miami for professional services; WHEREAS, the Board of Directors at a duly held corporate meeting have congidered•the matter in accordance with the by-laws of the corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF MORTY FREEDMAN & ASSOCIATES, INC., that the president and secretary are hereby authorized and instructed to enter into a contract in the name of, and on behalf of this corporation, with the City of Miami for professional services accordance with the contract documents furnished by the City of Miami, and for the price and upon the terms and payments contained in the proposed contract submitted by the City of Miami. 191 in IN WITNESS WHEREOF, this day of Corporate Secretary CHAIR, Board of Directors (SEAL) 84 -176 , ,84owl7. e �n Orpartmint of Matt - I certify from the records of this office that MORTY FREEDMAN & ASSOCIATES, INCi, is a corporation organized under the laws of the State of Florida, filed on June 13, 1969. The charter number for this corporation is 347879. I further certify that said corporation has paid all fees due this office through December 31, 1983r and its status is active. CER•101 3UC3VC�UC 0ibrn unbcr mp Ijanb aub tfjr Arrat 41rai of tljr �&tatr of ff[oriba, at L-1[falporr, t(jr Capital, tbig tfjr 16th bap of January r 1984. ryFP 0rorgr fi tonr �rrrrtarp of �tatr 84-1°78. , o CITY 60 MIAMI. FL.O$UbA COW418SION ACTION INtMR-OFPICt MEMOPANOUM { ! 1• � l z"I a.1 -C Howard V. Gary 0AtE: January 26, 1984 FILF: City Manager SUBJECT: Professional Services Agreement Morty Freedman and Associates, Inc. 7ROM Carl Kern REFEREVCES. February 9, 1984 City Acting Director Commission meeting Department of Parks ENCLOSURES: Two and Recreation It is reccmmended that the Cit-t ?anager be authorized to execute a Professional Services Agreement• w.th Morty Freedman and Associates, Inc., to coordinate the "1984 International Festival" in an amount not to exceed $13,947.67 from Special Programs and Accounts, Contin- gency Fund, as per attached resolution. The City of Miami, Department of Parks and Recreation has utilized, in the past, the services of Morty Freedman and Associates, Inc., to coordinate the entire production of many International Festivals. Mr. Freedman was with the Miami Festival since its inception. How- ever, he has not been associated with this festival for three years. During the last several festivals, the attendance has declined and participation by ethnic groups has been significantly lower than expected. Revenue, derived from the festival, has not been realis- tic and expenses have remained high. For these reasons, the Festi- val needs a fresh look. To achieve this, the City Commission passed Motion 84-34 on January 19, 1984 which appointed Mr. Freed- man the Director of the Miami International Festival and authorized a base salary of $8,000 plus an increase of the same percentage rate as that received by Assistant City Managers over the past 6 years, but not to exceed $15,000. This computation amounts to $13,947.67 (schedule attached). It is, therefore, recommended that to execute a professional services sation not to exceed $13,947.67, to and Accounts, Contingency Fund, as SM/ar the City Manager be authorized agreement, with total compen- be funded from Special Programs per attached resolution.