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HomeMy WebLinkAboutR-83-11198 3 - 9 0 3 # f RESOLUTION NO. 83-1119 A RESOLUTION AUTIIORIZII4G THE CITY IIANAGER TO EXECUTE A PROPESSIOI4AL SERVICES AGREEMENT, IN SUBiTANTIALLY THE FORM ATTACIiED HERETO, WITH P.F. ENTERPRISES, TO ACT AS CONVENTION REPRESENTATIVES IN THE WASHINGTON, D.C. AND NEW YORK AREA, FOR THE PURPOSE OF SOLICITING CONVENTIONS FOR THE CITY; FURTHER AUTHORIZING PAYMENT OF $25,200 IN 11 EQUAL MONTHLY INSTALL- MENTS FOR SAID SERVICES 0C10i3ER 1,1.983 AND TERMINATI14G AUGUST 30,1984 USING FUNDS BUDGETED FROM FISCAL YEAR 1983-84 CONVENTION BUREAU - CONTRACTUAL ACCOUNTO SUBJECT TO THE AVAILABILITY OF FUNDS. WHEREAS, the City of Miami is committed to the develop- ment of a convention industry; and WHEREAS, the City desires to engage a professional and experienced Convention Representative firm having the quali- ties to implement said development; and WHEREAS, based on a review of credentials and an inter- view with 2 such firms, P.F. Enterprises, a Washington, D.C. Convention Representative firm, has been found qualified to provide the City with expert convention representation and said firm desires to provide such representation for the City; NO►17, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Cite Manager is hereby authorized to execute a professional services agreement, in substantially the form attached hereto, with P.F. Enterprises, to act as Convention Representatives in the Washington, D.C. and New York area, for the purpose of soliciting conventions for the City and further authorizing payment of $25,200 in 11 equal monthly installments for said services commencing October 1, 1983 using funds budgeted from Fiscal Year 1983-84 Convention Bureau - Contractual Account, subject to availability of funds. PASSED AND ADOPTED this 8th day of December 1983. DIaurice A. rer ATTEST: M A Y O R RIWPH G. ONGIE, CITY QORR CITY COMMISSION MEETING OF DEC 8 1983 RESOLUIIUri aj83— IiI9 REMARKS. 0 PREPARED AND APPROVED BY: ROBERT F. CLARK DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: OSE R. GARCIA-PEDROSA ,'CITY ATTORNEY 2 83-1:119 CITY OF MIAMI. FLORIDA 62 INTER -OFFICE MEMORANDUM TO Howard Gar, City Manager °4 Tony Pajares, Directgr Convention Bureau 4�1 CATE November 2, 1983 Proposed Resolution Regarding Convention Representative in Washingington, D.C. Resolution and PF Agreement It is recommended that the proposed resolution be adopted by the City Commission in its meeting of November 16, 1983 authorizing the City Manager to enter into an agreement with P.F. Enterprises as the City representative in Washington, D.C. for the purpose of soliciting for conventions, exhibitions and trade shows; further authorizing the payment of $25,200 as a fee for said services, payable in 11 monthly installments, using FY 1983 budgeted funds from the Convention Bureau Profess- ional Service Account, subject to availability of funds. In the interest of developing an intensive campaign for providing the City with a maximum marketing effort for its new hotels and City of Miami Convention Center, it is considered in the best interest of the City to engage a professional convention representative firm to lobby the association executives in the Washington, D.C. and New York area where the largest concen- tration of headquarters of meeting planners are located. This type of service is used by many Convention Bureaus and there is a relatively small selection of professionals who are well qualified to provide this representation. P.F. Enterprises agrees to: 1. Represent the City, on a daily basis, in promotion of convention facilities and services in Miami. 2. Submit to the Convention Bureau, reports on activities on the City's behalf, in a regularly scheduled program. 3. Maintain and distribute to Washington and New York area meeting planners all brochures, convention facility literature and other pertinent information. 4. Provide office space for Convention Bureau personnel whenever a Washington trip is necessitated for pro- motional purposes. 83-1119 Howard Gary Page Two Supply convention leads from Washington and New York area meeting planners. Provide all arrangements for June Sales Blitz in Washington for the duration of one week including promotion, invitations and 3 separate receptions and presentations for Association Executives at no additional cost to the Bureau. The Washington area is to include the surrounding markets of Maryland, Virginia, weekly contacts with Baltimore and Philadelphia and New York. 83-1119 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM - TO Manny Alvarez DATE November 17, 1983 Asst. To City Manager Pat Fisch Enterprises �PGM Tony Pajares, Director- Convention Bureau In response to the Manager's request for information regarding above firm, please be informed that: 1. It is the same firm we utilized last year (P/F Enterprises) 2. a)Approximately 2000 leads were produced for the Bureau enabling us to update 1000 files b)Cooperated and organized with the Bureau three "FAM TRIPS" by contacting Meeting Planners in the Washington area that we could not have reached c)Provides office space for us to make presentation in Washington, D.C. when we go on sales calls. d)Hosted 3 cocktail parties in her office last year during our "blitz" in Washington, D.C. e)Communicates to us latest trends in travel patterns of conventions f)Resulted in the direct booking of 10 conventions in Miami Hotels and 15 tentative conventions g)Attends on our behalf and distributes our brochures during trade shows we cannot attend h)Makes personal calls on our behalf in the Washington and New York areas i)Exceeded our expectations for productivity last year. Thank you. 83-1119 6 FA PROFESSIONAL SERVICES AGREE14ENT This Agreement entered into as of the 1st day of October, 1983, by and between the City of Miami, a municipal corporation of Dade County, Florida, hereinafter referred to as "CITY" and PAT FISCH individually, doing business as P.F. ENTERPRISES, herinafter referred to as "REPRESENTATIVE". W I T N E S S E T If: WHEREAS, THE CITY OF PlIA.MI, requires professional services in the nature of representation in the Washington, D.C. and New York area for the purpose of contacting meeting planners, soliciting for convention bookings and otherwise providing for favorable activity in behalf of the City; and WHEREAS, the REPRESENTATIVE has agreed to perform the desired services for the City; and WHEREAS, the City Commission has authorized the City Manager to execute a professional services agreement by October 1, 1983. I. TERM This Agreement shall commence October 1, 1983 and terminate August 30, 1984. II. BASIC SERVICES services: The REPRESENTATIVE shall provide the following professional A. To contact association executives regularly to = determine potential for the Miami area. B. To provide market intelligence to the Miami Convention Bureau to permit updating of Association files, on a weekly basis. C. To assist with bid presentations to boards of directors or site selection committees in the Washington and New York area with members of the Miami Convention Bureau or its hotel industry partners. D. To identify prospects and project itineraries for visiting Miami Convention Bureau personnel. 83-1119 2 t E. To submit regular written reports of new developments in the Washington and New York market that may affect the Miami area. F. To respond, within a week, to all inquiries by the Miami Convention Bureau regarding specific accounts. III. COMPENSATION The CITY shall pay the REPRESENTATIVE the total sum of $25,200. in eleven equal monthly payments of $2291.00. No additional expenses may be incurred on behalf of the other than those which have been approved, in advance, by the Convention Bureau. Reimbursement for said additional expenses shall require an itemized invoice and shall be processed through standard City accounting procedures. IV. TERMINATION OF CONTRACT The CITY and PAT FISCH retains the right to terminate, at its discretion this Agreement by written notice to the REPRESENTATIVE of such intent at least thirty (30) days prior to the effective date of such termination. REPRESENTATIVE shall be paid only that prorated amount due on the effective date of such termination and not be entitled to the entire amount under this Agreement. It is hereby understood by and between the CITY and the REPRESENTATIVE that any payment made in accordance with this Section to the REPRESENTATIVE shall be made only if said REPRESENTATIVE is not in default under the Terms of this Agreement. V. HOLD HARMLESS CLAUSE The REPRESENTATIVE agrees to defend, indemnify and save harmless the CITY against any and all claims, suits, actions for damages or causes of actions arising during the term of this Agreement, for any personal injury, loss of life, or damage to property, sustained by reason of or as a result of the REPRESENTATIVE, his agents, employees, or workers, carelessness or negligence; from and against any orders, judgments or decrees which may be entered thereon, and from and against all costs, attorney's fees, 2 83-1119 J* V expenses and liabilities incurred in the defense of any such claims, in the investigation thereof. VI. STATUS OF REPRESENTATIVE The REPRESENTATIVE 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 shall not be deemed entitled to Florida Worker's Compensation benefits as an employee of the CITY. VII. OWNERSHIP OF DOCUMENTS All writings, records, reports and other documents developed by REPRESENTATIVE under this Agreement, shall be delivered to the CITY by said REPRESENTATIVE upon completion of the WORK and shall become the property of the CITY, without restriction or limitation on their use. REPRESENTATIVE agrees that all documents, records and reports maintained and generated pursuant to this contractual relationship between the CITY and REPRESENTATIVE 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, records, reports and other documents or any other matter whatsoever which is given by the CITY to the REPRESENTATIVE pursuant to this Agreement shall at all times remain the property of the CITY and shall not be used by the REPRESENTATIVE for any other purposes whatsoever without the written consent of the CITY. VIII. A14ARD OF AGREEMENT The REPRESENTATIVE warrants 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. 3 The REPRESENTATIVE 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. IX. NON-DELEGABILITY It is understood and agreed that the obligations undertaken by the REPRESENTATIVE 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. X. 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. XI. C014FLICT OF INTEREST The REPRESENTATIVE 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 REPRESENTATIVE 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 REPRESENTATIVE or its employees, must be disclosed in writing to the CITY. The REPRESENTATIVE in the performance 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. III 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. r Witnesses: e A PAT SCH d/b/a/ P.F. ENTERPRISES Ct 7L Pat Fisch, Individually DISTRICT OF COLUMBIA- 5;::: -;}xi and sworn to before me th:s day ,19 Notary Public 4 My Commission Expire 83-1119 ' 4 Attest: City Clerk APPROVED AS TO FORM AND CORRECTNESS: 4 JOSE R. GARCIA-PEDROSA V CITY ATTORNEY r CITY OF MIAMI, a municipal Corporation of the State of Florida by: Howard V. Gary City Manager PAT FISCH and P.F. ENTERPRISES are one and the same. 5 83-1119