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HomeMy WebLinkAboutM-84-0034TO Howard V. Gary City Manager Carl Kern Acting Director Department of Parks and Recreation January 13, 1984 Professional Services Agreement Morty Freedman and Associates, Inc. It is recommended that the City Manager be authorized to execute a Professional Services Agreement with Morty Freedman and Associates, Inc., to coordinate the "1984 International Folk Festival" in an amount not to exceed $8,000, from special programs and accounts contingency fund, as per the 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 Folk Festivals. Mr. Freedman was with the Miami Festival since its inception. However, 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 rea- listic and expenses have remained high. For these reasons, the Folk Festival needs a fresh look. To achieve this, an agreement with Mr. Freedman to coordinate and to supervise all promotional efforts should be effectuated from January 19, 1984, and run through August 1, 1984. It is, therefore, recommended that the City Manager be authorized to execute a professional services agreement, with total compen- sation not to exceed $8,000 to be funded from special programs and accounts contingency fund, as per the attached resolution. 84-34 y e PROFESSIONAL SERVICES AGREEMENT This agreement entered into as of the day of , 1984, by and between the City of Miami, a municipal corporation of Dade County, Florida, hereinafter referred to as "CITY", and :•forty Freedman and Associates, Inc., 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 Folk 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 negotiate and execute a professional service agreement by RESOLUTION NO. 1. TERM: This Agreement shall commence for the purpose of coordinating services stipulated in paragraph 2 of this agree- ment 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 3, 1984. The City will review the outline and make necessary recommendations within 15 days, but no later than February 24, 1984. 2. BASIC SERVICES: The CONTRACTOR shall provide the following professional services: to coordinate the entire production of the 1984 Interna- tional Folk Festival within its city -approved budget and including supervision of all promotional efforts, beginning January 3, 1984 through August 1, 1984. In this capacity the CONTRACTOR shall be the City's representative in negotiating with participants, vendors, and any advisory boards related to the production of the 1984 Inter- national Folk Festival. 3. COMPENSATION: a) The CITY shall pay the CONTRACTOR, as compensation for the services required pursuant to Paragraph 2 hereof, the amount of $8,000. -1- 84--34 b) Said compensation shall be paid upon submission by the CONTRACTOR of monthly billings; such billings shall be paid within 30 days of submission. The CITY shall have the right to review and audit the time records and related records of the CONTRACTOR pertaining to any such billings. c) The CONTRACTOR and the CITY hereby agree that the maximum amount payable under this contract shall not exceed $8,000. 4. TERMINATION OF CONTRACT: The CITY retains the right 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. c) 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. -2- 84-34. f d) No waver 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. 6. AWARD OF AGREEMENT: The CONTRACTORS warrant 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 agreed to pay any person or company any fee, commission, percentage, brokerage fee, 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 CITY 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, statutes and case laws of the State of Florida. 9. SUCCESSORS AND ASSIGNS: This agreement shall be binding upon the parties herein, theirs heirs, executors, legal representatives, successors, and assigns. 10. AUDIT RIGHTS The CITY reserves the right to audit the records of the 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. 11. INDEMNIFICATION: CONTRACTOR shall indemnify and save the CITY harmless from and against any and all claims, liabilities, losses, and causes of -3- 84-34 �r action including -_asonable attorney's fees, ..nich 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 them, 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 con- nection 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 conflicting interest shall be employed. Any such interests on the part of the CONTRACTOR or its employees, must be disclosed in writing to the CITY. The CONTRACTOR, in the performance of this Agree- ment, shall be subject to the more restrictive law and/or guidelines regarding conflict 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 generally 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 these presents to be executed by the respective officials thereunto duly authorized, this the day and year first above written. WITNESSES: CONTRACTOR MORTY FREEDMAN & ASSOCIATES, TNC. CITY OF MIAMI, a municipal cor- poration of the State of Florida ATTEST: RALPH ONGIE, CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: JOSE R. GARCIA-PEDROSA CITY ATTORNEY BY: HOWARD V. GARY, CITY MANAGER -4- 84-34. 4W 1 INTER•C F FIC'_ MEMORANDUM To Howard V. Gary f December 27? 1-9.0 �© E City Manager "1984 International Folk Festival" rR. :. Carl Kern Acting Director Department of Parks and Recreation It is recommended that an allocation not to exceed $34,000 from the General Fund, Special Programs and Accounts be allo- cated for the production and presentation of the International Folk Festival to be held during the month of May 1984. The City of Miami has sponsored the International Folk Festival for the past eleven (11) years as an official City festival. This colorful event has brought together the various ethnic groups through folkloric presentations, international arts and crafts, food from the participating countries and the under- standing of different cultures and their people. The City is also planning to use the services of a festival entrepeneur to promote, restructure and coordinate this City event. The Festival Advisory Committee has recommended the amount of $34,000 be granted to this event with money to be allocated from Special Programs and Accounts, contingency fund. It is, therefore, recommended that the aforementioned alloca- tion be formally ratified, approved and confirmed as per at- tached resolution. AHL/ar Enclosure 84-34 J