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HomeMy WebLinkAboutR-84-0188J"84-111 1/26/84 RESOLUTION No, A*_ S� A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT IN SUBSTANTIALLY THE FORM ATTACHED, BETWEEN THE CITY AND MULTI IMAGE GROUP, INC. FOR THE PREPARA= TION OF A PROMOTIONAL SLIDE SHOW FOR THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT PROJECT, ALLOCATING FUNDS THEREFORE IN THE AMOUNT OF $10,000 FROM THE SOUTHEAST OVERTOWN/PARK WEST FUND WHEREAS, by Resolution 83-1113 the City Commission authorized the City Manager to advertise, select and negotiate a contract with a qualified audio visual firm to prepare a promo- tional slide show for the Southeast Overtown/Park West Redevelop- ment Project at a cost not to exceed $10,000; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: The City Manager is hereby authorized to execute a contract in substantially the form attached between the City and Multi Image Group, Inc. for the preparation of a promotional slide show for the Southeast Overtown/Park West Redevelopment Project with funds therefore hereby allocated in the amount of $10,000 from Southeast Overtown/Park West Funds. PASSED AND ADOPTED this 9th day of February , 1984. ATTEST: Maurice A. Ferre RALPH G. ONGIE MAURICE A. FERRE, MAYOR CITY CLERK PREPA D AND APPROVED BY; ROBERT N. SECHEN A$31STANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: 4'e 4a^-'4064� SE R. GARCIA�PEDWA TY ATTORNEY CITY C0'1hVIPVIIS5 KT=I'tvio OF FES 9 ISM RESMOTION No. 84— R'Ma"; CORPORATE RESOLUTION WHEREAS, Multi Image Group, Inc. has submitted a bid on the 19th of January, 1984, and the City has accepted such bid; and WHEREAS, the Board of Directors of Multi Image Group, Inc. has examined the terms, conditions, and obligations of the proposed contract with the City of Miami for the production of a multi -image presentation, hereinafter referred to as "WORK", for the Southeast Overtown/Park West Community Redevelopment Project; WHEREAS, the Board of Directors at a duly held corporate meeting have considered the matter in accordance with the by-laws of the corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF Multi Image Group, 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 the preparation of the above stated WORK for the Southeast Overtown/Park West Community Redevelopment Project, in 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. IN WITNESS WHEREOF, this day of , 1984. CHAIRMAN, Board of Directors James Solafani. l /21 / 84 PROFESSIONAL s8RVtCES CONTRACT This is an agreement by and between the CITY OF MIAMI, a municipal corporation of Dade County, Florida; hereinafter referred to as "CITY" and MULTI IMAGE GROUP, INC., hereinafter, referred to as "CONSULTANT". WHEREAS, the CITY is desirous of securing professional audio visual services for the Southeast Overtown/Park West Community Project, hereinafter referred to as "PROJECT", which might be rendered by the CONSULTANT; and WHEREAS, the CONSULTANT holds the academic and professional qualifications required for these services; and WHEREAS, the CONSULTANT is capable and desirous of perform- ing such services and other allied tasks as might be desired by the CITY: NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS HEREINAFTER SET FORTH, AND FOR AND IN CONSIDERATION OF THE SUM OF $10,000.00, TO BE PAID BY THE CITY TO THE CONSULTANT, THE PARTIES HERETO COVENANT AND AGREE AS FOLLOWS: SCOPE OF SERVICES 1. The CONSULTANT shall be under the general supervision of the Director of the Southeast Overtown/Park West Project Office (Assistant City Manager) and the direct supervision of the Environmental Development Administrator. 2. The CONSULTANT shall be responsible for the production of a promotional slide presentation for the Southeast Overtown/ Park West Community Redevelopment Project. The slide presenta- tion will focus on the development opportunities created by this project, how the redevelopment program will be undertaken, and the proposed development pattern. The CONSULTANT will undertake the following activities: is s P A. The CONSULTANT shall prepare a single -projector slide shoW, a three -projector slide show, and transfer the three - projector slide show to a video tapes B. The CONSULTANT shall prepare genigraphic and special effects photography. script. C. The CONSULTANT shall record the narration for the D. The CONSULTANT shall record the audio track. E. The CONSULTANT shall program and edit the show. F. The CONSULTANT shall present the finished product with glass mounted slides trayed and topped with dust covers. 3. The preliminary draft of the work outlined in the Scope of Services shall be delivered to the CITY by March 23, 1984. The CITY shall deliver its review and comments of the preliminary phase by March 30, 1984. The final submission phase shall be delivered to the CITY by April 13, 1984, after receipt of comments from the CITY. 4. The CITY agrees to supply, only as might be readily available, the following information: A. Background information on the project area includ- ing available reports, slides, and maps. B. Slides, storyboard, and script prepared by Multi Image, Inc. under previous contract with the CITY. 5. The CONSULTANT shall devote the necessary reasonable time in the rendering of such services and documents as may be required. 6. The CONSULTANT shall provide his own office and work space. METHOD OF PAYMENT The Consultant shall be paid an amount not to exceed Ten Thousand dollars ($10,000,00) for the above stated Scope of Services, Payments shall be made 40 follows; F 50% MOW Upon completion and acceptance of genigraphicst special effect photography, narration recording, and audio track recording, 50% M o000) Upon completion and acceptance of final product, EXTENT _OP EMPLOYMtNT Both parties agree that the CONSULTANT shall not in any manner be considered an employee of the City of Miami; he shall not be entitled to any benefits of any form or nature from the City of Miami other than the compensation recited above. In the event that the CONSULTANT shall in the future be appointed to employment within the ranks of the City of Miami, he shall not accrue any seniority or other emoluments connected with such employment by reason of the services rendered under this contract. INDEMNIFICATION CONSULTANT shall indeminify and save the CITY harmless from and against any and all claims, liabilities, losses, and causes of action, which may arise out of the CONSULTANT's activities under this contract, including all other acts or omissions to act of the CITY, its officers or employees, and from and against any orders, judgments or decrees which may be entered and from and against all costs and attorney's fees, expenses and liabilities incurred in the defense of any such claims, or the investigation thereof. NON—DELEGABILITY It is understood and agreed that the obligations undertaken by the CONSULTANT pursuant to this Agreement shall not be delegated to any other person or firm unless the CITY shall first consent in writing to the performance of such services or any part thereof by another person or firm. CONSTRUCTION OF AGREEMENT The parties hereto agree that this Agreement shall be construed and enforced according to the laws, statutes and case lawn of the State of Florida. OWNERSHIP OF DOCUMENTS All writings; diagrams, tracing, charts, and schedules developed by the CONSULTANT unCer this Agreement, shall be delivered to the CITY by said CONSULTANT upon completion of the WORK and shall become the property of the CITY, without restriction or limitation on their use. CONSULTANT agrees that all documents, records and reports maintained and generated pursuant to this contractual relationship between the CITY and CONSULTANT shall be subject to all provisions of the Public Records Laws, 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 which is given by the CITY to the CONSULTANT pursuant to this Agreement shall at all times remain the property of the CITY and shall not be used by the CONSULTANT for any other purposes whatsoever without the written consent of the CITY. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS Both parties shall comply with all applicable laws, ordinances and codes of Federal, State and Local Governments. Specifically, the CONSULTANT agrees to comply with Title VI of the Civil Rights Act of 1964; Title VIII of the Civil Rights Act of 1968; Executive Order 11063; Executive Order 11264; Section 3 of the Housing and Urban Development Act of 1968, as amended; the Anti -kickback Act, Title XVIII, U.S.C. Section 874, OMB Circular No. A-120 Revised; and Federal Management Circular 74-4. AMENDMENTS The CITY may, at its discretion, amend the Agreement to conform with changes in applicable City, County, State and Feder- al laws, directives, guidelines and objectives. No amendments to this Agreement shah be binding on either party unless in writing and signed by both parties. Such amendments shall be incorpor rated as a part of this Agreement upon review, approval and execution by the parties hereto, l4 °. TERMINATION The CITY retains the right to terminate, at its discretion, this Agreement by written notice to the CONSULTANT of such intent to terminate at least two (2) weeks prior to the effective date of such termination. Such right to terminate prior to the com= pletion of the effective term of Agreement or of the work shall be without penalty of the CITY. In that event, CONSULTANT shall be paid for all work performed prior to the date of this receipt of notice of termination. In no case, however, will the CITY pay the CONSULTANT an amount in excess of the total sum provided by this Agreement. If, through any cause, the CONSULTANT shall fail to fulfill in timely and proper manner its obligations under this Agreement or shall violate any of the covenants, agreements, conditions or stipulations thereof as determined by the CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to the CONSULTANT of such intent to terminate at least five(5) days prior to the effective date of such termination. It is hereby understood by and between the CITY and CONSULTANT that any payment made in accordance with this section shall be made only if CONSULTANT is not in default under the terms of this Agreement. If CONSULTANT is in default under the terms of this Agreement, then the CITY shall in no way be obli- gated and shall not pay to the CONSULTANT any sum whatsoever. SUB -CONTRACT The CONSULTANT agrees that there shall be no assignments or Sub -Contract in connection with the Agreement without the prior written approval of the CITY and that all such Sub -Contractors or assignees shall be governed by the terms and intent of this Agreement, ADMINISTRATIVE AND LEGAL REMEDIES Should the CONSULTANT violate or breach the terms of this contract, the CITY shall determine the appropriate legal or administrative action to be taken and penalties to be assessed. RIGHT TO AUDIT The CITY shall have the right to review and audit the time records and related records of the CONSULTANT pertaining to any billings to the CITY for time or expenses for a period of up to one year after final payment. AWARD OF AGREEMENT The CONSULTANT warrants that they have not employed or retained any company or persons to solicit or secure this Agree- ment and that they have not offered to pay, paid, or agreed to pay any person or Company any fee, commission, percentage, bro- kerage fee, or gifts of any kind contingent upon or resulting from the award of making this Agreement. The CONSULTANT is 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 agree that they will fully comply in all respects with the terms of said laws. CONFLICT OF INTEREST The CONSULTANT covenants that no person under its employ who presently exercises any functions or responsibilities in connec- tion 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 W. 6 . ADMINISTRATIVE AND_LEOAL REMEDIES Should the CONSULTANT violate or breach the terms of this dontract, the CITY shall determine the appropriate legal or administrative action to be taken and penalties to be assessed: RIGHT TO AUDIT The CITY shall have the right to review and audit the time records and related records of the CONSULTANT pertaining to any billings to the CITY for time or expenses for a period of up to one year after final payment. AWARD OF AGREEMENT The CONSULTANT warrants that they have not employed or retained any company or persons to solicit or secure this Agree- ment and that they have not offered to pay, paid, or agreed to pay any person or Company any fee, commission, percentage, bro- kerage fee, or gifts of any kind contingent upon or resulting from the award of making this Agreement. The CONSULTANT is 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 agree that they will fully comply in all respects with the terms of said laws. CONFLICT OF INTEREST The CONSULTANT covenants that no person under its employ who presently exercises any functions or responsibilities in connec- tion 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 6 k conflict of interest promulgated by federal) State or local government, This Contract shall become effective beginning immediately on the date of execution by the City Manager and continue for ten weeks or upon completion of the work described above, unless notice is given by either party of a new termination date. IN WITNESS WHEREOF, the parties have executed this CONTRACT on the dates hereinafter set forth. MULTI IMAGE GROUP, INC. BY: Date Witnesses: JAMES SCLAFANI President CITY OF MIAMI, a municipal corporation of the State of Florida BY: Date HOWARD V. GARY City Manager Attest: RALPH G. 0 GIE City Clerk APPROVED AS TO FORM AND CORRECTNESS: ki • JOSE R. GARCIA-PEPRO_ City Attorney CQRPORATE_rRE$O.LtJfiION WHEREAS, Multi Immage Croup, Inc. has submitted a bid on the 19th of January, 1984, and the City has accepted such bid; and WHEREAS, the Board of Directors of Multi Image Group, Inc. has examined the terms, conditions, and obligations of the proposed contract with the City of Miami for the production of a ^;vlti-i iaE?e pAesentation, hereinafter referred to as ",JORK", for the Southeast Overtown/Park .Jest Community Redevelopment Project; WHEREAS, the Board of Directors at a duly held corporate meeting have considered the matter in accordance with the by-laws of the corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF Multi Image Group, 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 the preparation of the above stated WORK for the Southeast Overtown/Park West Community Redevelopment Project, in 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. IN WITNESS WHEREOF, this WITNF3S day of 1984. CHAIRMAN, Board of Directors James Sclafani t6 r.. 32 dffiY car Mtafvli. #tr61416A INTIM-OPPICIt MrEMOAANOUM TO Howard V, Gary City Manager FROM Herbert J • Bailey Assistant City Manager DAM January 26, 1984 PILE. SUBJECT S.E. vvertown/ Park 'nest ,{ ;. 7, s on nda ebruar y j, 1 � 4 4EF_^n5`fc.c� v ENCLOSURES. it is recommended that the City Commission aoorove the attacked resolution authorizing the City Manager execute a contractural agreement between the City of Miami and Multi Image Group, Inc., an audio visual production firm recommended by a selection committee pursuant to City Resolution 83-1113, dated December 8, 1983• This resolution authorized the City Manager to advertise, select, and negotiate a contract with a qualified audio visual production firm to produce a promotional slide show for the Southeast Overtown Park West Rede- velo meet Project at a cost not to exceed 310.000. In June the City anticipates advertising for developers for the nine -block Phase I area of Southeast Overtown/Park West which was approved by City Commission Resolution 83-972. During the next six months an aggressive marketing campaign will be initi- ated commencing with a developers conference scheduled for April 3Oth. This will set the stage for promoting our New Town -In Town concept. The promotional slide show will be an important component of our marketing program. Funds have been provided in our FY 83-84 budget for this undertaking. The consultant selection process was consistent with procedures of the Florida Consultant's Competitive Negotiation Act. The consultant selection committee included; 1. Authur Brooks Department of Human Resources City of Miami 2. Steve Miller Downtown Development Authority A Howard V. Gary = 2 = January 21, 1984 3, Jean Whipple Jean Whipple and Associates, Inc. 4. Sabrina Baker S.B. Overtown/Park ',deaf ReJevelopment Projec:, City of Miami 5. Adrienne MacBeth Minority Procurement Officer City of Miami 6. George Dietro Office of Public Information City of Miami T. Cathy Leff Department of Community Development City of Miami 8. Charles F. Johnson, Jr., Chairman Overtown Advisory Board 9. Trevor Sessing Convention Bureau City of Miami Advertisement for audio visual services was placed in THE MIAMI NEWS, THE MIAMI TIMES, and DIARIO DE LAS AMERICA$ on December 26, 1983. The following firms responded with statements of qualification: 1. MultiVision Productions, Inc. 2. United World Church Supply & Printing, Inc. 3. Sunshine Productions, Inc. 4. Multi Image Group, Inc. 5. Photography by Moss The criteria established for evaluation included: experience, creativity, capability, and minority participation. Howard V, Gary 3 " •January 27, 1984 Each of the above firms were invited to ,make an oral and visual presentation on January 19, 1984 before .pie selection committee. The selection committee ranked the applicants in the following order: 1. Au':i image Group, Inc. 2, Sunshine Productions, Inc, 3. United World Church Supply & Printing, Inc. 4. Photography by doss - (MultiVision Productions, Inc. was unable to meet the presentation schedule) It is requested that this item appear on the City Commission Agenda of February 9, 1984.