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Home My WebLink AboutR-83-1104J-83-921 10/13/83 rr /D-5 It f RESOLUIION No.83-1104 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED PROFESSIONAL SERVICES AGREEMENT WITH THE GEORGE 130L0TIN Q(IARTEI FOR LIVE MUSICAL PERFORMANCES AT BOTH THE CITY OF MIA14I LEGION PARK AND STEPHEN CLARK BUILDING NOT TO EXCEED 104 DATES AT A TOTAL COST N 0 T TO EXCEED $10,920, USING FUNDS THEREFOR GENERATED FROM DANCE ADMISSION FEES: SAID AGREEMENT BEING SUBJECT TO THE AVAILABILITY OF FUNDS. WHEREAS, the C i t v of Miami desires to obtain the services of the George Bolotin Quart ert in providing live band music for weekly senior adult dances; NOW9 THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute the attached professional services agreement between the City of Miami and the George Bolotin Quartet to provide dance music at: (a) Legion Park for $120 per performance on Tuesday nights, not to exceed 52 dates, at a cost not to exceed $6,240; and (b) the Stephen Clark Building for $90 per performance on Friday nights, not to exceed 52 dates, at a cost not to exceed $4,680, with total compensation not to exceed $10,920. The City's obligation under said agreement shall be subject to the availability of funds. Section 2. Funding for said performances shall be generated from the admission fees charged at said dances and shall be processed via the Recreation Special Activities Trust Fund, Senior Adult Activities, Project #698001, Index 370454, Revenue Code 037039. PASSED AND ADOPTED this 8th day of December , 1983. Maurice A. Ferre S T :/ 4 RALPWG. ONGIE, CITY CLE9X CITY CnMMISSION MEETING OF DEC 8 1983 r 'g�REsaLu11U.i 1w.83 1 REMARKS PREPARED AND APPROVED BY: ROBERT F. CLA K DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRFCTNFS5: SE R. GARCIA-PEDROSA :CITY ATTORNEY -2- 83-1104 FAI ro Howard Gar City :Manager CITY OF MIAM1. FLORIDA INTER -OFFICE MEMORANDUM :ROM �bertri.:K r� Director r Department of Recreation 9 CATE October 4, 1 a83 SOLE suSJECT Professional Services Agreement - 5ecrge Bolotin Yuartet REFERENCES ENCLOSURES It is recommended that the City Manager be authorized to execute a Professional Serv- ices agreement with the George Bolotin Quartet, to provide a live dance band at both the City of :Miami Legion Park and Stephen Clark Building, Tuesday and Friday nights respectively during FY'83-84, not to exceed 104 dates or $10,920.00, from funds generated through admission fees, as per the attached resolution. The City of Miami Department of Recreation has, for the past several years, obtained the excellent services of the George Bolotin Quartet to provide live dance bands for the weekly dances at both the Legion Memorial Park and Stephen Clark Building. It is therefore, recommended that the City Manager be autho- rized to execute a professional services agreement for 1) per- formances at Legion Memorial Park, $120.00 each not to exceed 32 dates or $6,240 and 2) performances at the Stephen Clark Building, $90.00 each, not to exceed 52 dates or $4,680, with total compensation not to exceed $10,9-0, to be funded from the monies generated from admission fees, as per the attached resolution. AHH/KDH/mg 83-1104 U Ei PROFESSIONAL SERVICES AGREEMENT This Agreement entered into as of the --?_ day of �,�j_�:��'i" ► 1983, by and between the City of Miami, a muni- cipal corporation of Dade County, Florida, hereinafter re- ferred to as "CITY" and George Bolotin Quartet, hereinafter referred to as CONTRACTOR. W I T H E S S E T H: WHEREAS, THE CITY OF MIAII, requires professional services in the nature of live band performances for Senior Adult Dances; 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. TER-M: This Agreement shall commence 10-1-83 for the purpose of providing services stipulated in paragraph2 of this aqree- ment and shall terminate on the 30th day of September, 1984. 2. BASIC SERVICES: The CONTRACTOR shall provide the following professional services: Live performances for Senior Adult Dance, Tuesday evenings at the Miami Legion Park, and Friday evenings at the Stephen Clark Building, as assigned, beginning October 1, 1933 through September 30th, 1984, and not to exceed 104 dates, as specified. 3. COMPENSATION: a) The CITY shall pay the CONTRACTOR, as compensation for the services required pursuant to Paragraph 2 hereof, as follows: $90.00 for each performance at the Stephen Clark Building and $120.00 per performance at the Miami Legion Park. b) Such fee 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. -1- 83-1104 r A c) The CONTRACTOR and the CITY hereby agree that the maximum amount payable under this contract shall not exceed $10,920.00 4. TERMINATION OF CO14TRACT: The CITY retains the right to terminate this Agree- ment at any time prior to the completion of the WORK without penalty to the CITY. In that event, notice of termination of this Agreement shall be in writing to the CO14TRACT0R 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 CONTRACTOR 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 terns 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 corununications 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 indi- cated 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. d) No waiver or breach of any provision of this Agree - :Went shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effec- tive unless made in writing. -2- 83-1104 f 6. AWARD OF AGREEMENT: The CONTRACTORS warrant 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, broke- rage 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 AGREE,%IENT: 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, their 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 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 -3- 83-1104 r CONTRACTORS or 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 interest on the part of the CONTRACTOR or its employees, must be disclosed in writing to the CITY. The CONTRACTOR, in the perfor- mance 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. 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: ^ r „L Attest: RALPH ONGIE, CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: JOSE R. GARCIA-PEDROSA CITY ATTORNEY CONTRACTOR GEORGE BOLOTIN QUARTET 1 i f CITY OF MIAMI, a Municipal corporation of the State of Florida BY: HOWARD V. GARY CITY MANAGER -4- 83-1104