HomeMy WebLinkAboutR-82-0834RESOLUTION NO. 8 2— 8 3 4
A RESOLUTION AUTHORIZING THE CITY MANAGER
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. AREA,
FOR THE PURPOSE OF SOLICITING CONVENTIONS FOR
THE CITY; FURTHER AUTHORIZING PAYMENT OF
$20,400 IN 12 EQUAL MONTHLY INSTALLMENTS FOR
SAID SERVICES FOR ONE YEAR COMMENCING OCTO-
BER 1, 1982 USING FUNDS BUDGETED FROM FISCAL
YEAR 1982-83 CONVENTION BUREAU - PROMOTIONS
ACCOUNT; 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 quali-
fied to provide the City with expert convention representation
and said firm desires to provide such representation for the
City;
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, in substantially
the form attached hereto, with P. F. Enterprises, to act as
Convention Representatives in the Washington, D.C. area, for
the purpose of soliciting conventions for the City and further
authorizing payment of $20,400 in 12 equal monthly install-
ments for said services for one year commencing October 1,
1982 using funds budgeted from Fiscal Year 1982-83 Convention
Bureau - Promotions Account, subject to availability of funds.
PASSED AND ADOPTED this 9TH day of SEPTEMBER , 1982.
MAURICE A. FERRE
M A Y O R
ATTEST:
CITY COMMISSION
MEETING OF
S E P 9 1982
2 " 8 3
RUDLUnON ors $
ilk
r�
PREPARED AND APPROVED BY:
- le , 4 '! et -f. &,,, 0
ROBERT F. CLARK
DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
SE R. GARCIA-PEDROSA
ITY ATTORNEY
NO
L
82-834
.IN1
r�
Howard V. Gary AlIgl1st 25, 1982
City Manager
Convention Representative
in Washington, D.C.
Tony Pajares, Director f Commission Agenda 9/l/82
Miami Convention Bureau
Proposed Legislation
It is recommended that the City
Commission adopt a resolution
authorizing the City Manager to
enter into an aqreement with P.F.
Enterprises, in substantially the
form attached hereto, as the City's
representative in Washington, D.C.
for the purpose of soliciting for
conventions, exhibitions and trade
shows; further authorizing the
payment of $20,400 for said services
for one year, commencing October 1,
1982, payable in 12 equal monthly
installments, _using FY 1983 budgeted
funds from the Convention Bureau -
Promotion Account, sub]ect to
availability of funds.
PURPOSE: The purpose of this legislation is to provide
a full time convention marketing and lobbying
firm to represent the City in the Washington,
D.C. area where the largest concentration of
meeting planners is located.
BACKGROUND: In years past, the City's Convention Bureau
organized two or three convention contact
trips per year in the Washington, D.C. market.
These contacts, while yielding limited results
in convention bookings failed to provide the
necessary sales saturation required to yield
optimum results.
SUMMARY: At this time, many major Convention Bureaus
contract with Washington, D.C. professional
firms for their services.
L
LVHEnEAS i the 1 PRESI?,iJ'i'ATIVE has agreed to perform the
desired services for the City; and i r�
WHEREAS, the City Cemmission has authorised the Cit'�
- `a
Manager to execute a professional sera>iCea agreement b+� t
0Fx�
October 1, 1982• iw �}4
TERi1
This Agreement shall colViS ice October
and terminate September 30, 1983. WX
T
� sal
BASIC SI' nVICES u,
The RI nR1 Si.[d'1'�1'1'I �')a shall p�'o�►iac� the follow n ;=x+
cost A
professional services:
executives regularly t4
A. To contact association
determine potential for the Mianii area.
B. To provide market intelligence to the Miami ;f
Convention Bureau to permit: updating of: Association files, gpy
a Weekly
C. To assist with bid pre
to boards -ot
TA WRM
directors or site selection committees in the Washington a r a a �
with .numbers of the Mjam.i Convention Bureau or its hotel
, "�igdt 6r a yd d
industry partners.
p. TOi.ra�,ltl.! 1'}' t�r.nt; �o [rt, a"d t�t-r� uet. 1.�it1��VAMP{ Ul t
z« a
convention t3►tl':r',11J
s
,14 rz3 t�"-F'"v T4a art Y � ,: I -' hti �T7 r� yf•4'F�{y;���g�,�,.�'E .��- �_
y -
,., .:�. 'W. .�,�.rs'k5k`�2��r,��r, a,�,, ,. �F:�sx�Y= 7s.1 �rx 7 =�ti,...7� �., ,q ;✓= t.., s! ����} T-.. F A� .�.. .k�k �y. ,,sc,r'�w �C;t $y�, �,��� �D ik '�
82-834
1'1'11 •11af ;J'.. f
Miami arna.
by t- I w Mi .-mi (S)nl -a ivi,m I W: i ,tu iiArnrd 1 P a yr-A F i - a"">W n .
11 i :110, AT 10,
TI I I' Y III I i I 1 1, A"k, 1 1
"'0 , 100 i 'q t C,
W mid i I i -nni "xionson may he in-urr"d on h-h v I
-F the "Lh('r thin I h c)s" A i K 1. li a7., h n a", r 7d I n a A n -c
by t he Cn rt V a huroau. Pr imhurv"w-nk Am saQ addi I Wna i
expenses shall rutlair- an U-minpri invoi-v and shall b- pr-Pown-i
Hirr,uoh st :uWard Cil y awanunt inn lo,w-dut k�
T h e C I T Y r a i n s t h rl'Iht t rl I e i m i r i at
discretinn this Anra-m-A by wril-l"n notice to On APVFAnTATiVi�
r-f such W -ml at WarL thirty (30) days prior to the affr-t P-o
date of su7h Lcrminohi-n. PEPRESFWATIVE shall ho raid
that Im"ral nd Armunt d(I(` an the cWrli-o dale of such
terminati"n and nPI Iw "nfil.lod to the onlirn amnunk undor
this A,lro"t.
I t. is h e r a I -) - 1 111 (i (, rs t _) (v! Ir,- a n A h e L w v o n t h o C 1 TY
and the REITIASENTATIVE that any lmymrnt wad- in accordanro with
Lhi s Soct ion L- th- shall ho mado only if said
REPRESFNTATIVE in not in WON! unricr On Terms or this Aweement.
Pt:)'F1.:.-',INTAT1VI1 aur"ns to durend, ind-mnify and
savo harmless th- CITY aqviinnt. any and all claims, PALP, action.,;
for damaclus or costs of act ions orising during the torn of this
Aqrr-monL, for any personal injury, Inss of 13 fe, or damage Lo
prrWQrLy, sustain,"! by runson of nr as a result "f the PEPPESENTATIVI:
il,wills, ()I- or neqligenne; irnp,
and 'I'laill!'.1 ally ('I(i+ 1:;' J11(1'11:w11I:; '.r ))I.
th-vton, in(] fr(iri :i,id AqnOwl all ants, alt"t-nny's Qns, oxrenr-s and
I iabi I It i.s incu, r-d in w- Nny sunh waips, in Lh(.,
in-"wWri-n th-rf.
t! - 1 ;i 44
V r S'1'ATI , t 1 1'I:i'I'I . I,;d' A i . 'i
The Pl; J'1:. I:;i !'A 1 1 ,'1: s;h 1 1 1 ho dcn., od to be :gin
i ivlti'I'C'nd - n1--. cunt rant-t'1 , and nut_ an awnt "r Qlt'I'I-'. un c. f i W,
CITY and :;hall not at -Fain any rinllf_s or l++"'n"Fit_'; under the,
Ci v i I Sl't"• ice or rung i-n "i-d i nanc't' of i lip CITY , Pr piny ri ;IIL:;
lIC'no a l l y a f f ordcd r 1 ass 1 t l c'd or unr 1 ass i i 1 rd Cit1I+ l cl•f•r'cs ; further
he shall lint he C1CC'med entitled to 1' 1 ter 1 da Work-r '
benefits as an omp 1 "'; ar of t_h" CITY.
VI I . (1•:`i1:i SH 1 I' or I"O ll::M
All ri t i-nn ;, r-cords, rt:'1'+?rt:, and othQr cl-p. 7 Ili'.."
devehl-A by
REPF:1.K1;,.'1'r','I'1'.'t•
t-ndQr this Agru mQnt,
steal I W-
dcliverM to
the l_'L'I'Y by said
RI:i'J?I:SI;ti'1'i,,'J'IVE ul can
corplut-ic:1 M
Lhcfit)I.1; and
shal_I bel'am- the
I-r-1-ol y -F Lhn CITY,
.,.i Li,c ,t
rr-trict.i"n
or li_wit_at.inn on
Moir usQ. I:i:i'P1:SL::!'1',l'I'.It,•L:
anrgoi�
Lhal: all documents,
rovnrds
and reports rainnai;;ad
an! ,I; n-r"L-1
pursuant Lc)
this cont-rarLual
relationship between
Lhc CITY an(',
REPRESENTATIVE
sha l 1 he subject:
Ln all provisions
o: LhQ Public
Records laws,
Chapt Qr 1 1 1, I'loriOn
SLatul es .
It is furLhur understood by and bet`::oen the I'artW—,
that any
information, writ:in"s,
rt-cords,
reports and oth-i-
docume nt`;
or any other mrit-Wr
whatsoever
which is given by the
CLTY f.c) t.ht,
101 P RES I ATAT IVr pursuant to this
T,yreemunt shal l at
all. Limps,
remain Lhe Property
or the CITY
and shall not be ilsed
by the RL:i'i;l:Sl'1'!'i'ATI
VE for any
ether purposes
whatsoever wiLhout
the written
consent of the CITY.
V I I I . AWi' Rl) Oi'
The %-.,,-lrran1:s that: thny have not
employ,.--d or roLai n,& any c(nlany ,w persons to so ici t or secure
Lhi.s Agrpemvnt and that they have not of.fored to }lay, paid or
at veed to lay any it,'vs(M1 or t-ow .ally any FOQ, commission,
I+�'rt't'l11 ally', I)Yc>}:�'r;l,lt J('t', OI- tjl t 1 `; of ally kind upon
to rtau t i n+t f r(m, We, ; wa i tl W mak i ntl Wo Agreoment .
'I'ht, I'1;1'I')';;1;1J't AT KP is rlwart' of the conf l .i c L c)f Mort-st.
law!; t)t Llii' G t y of HOW ("1iam.1 ci l `,' l "Q- Chapter 2, Art Me A ,
i)adt Count')•, I'lt)l-id,l (11.11+' ('uunty Code, :;ect-i"n 11..I) and thr
I'1+•.ridA Mat11t1'::, Intl arill— t}1.11 th+''. „i 1.1 t 111 l'y• Comply in al I
t hc' t el lW-; -1 _;;l i cl l .lttis .
1
82-834
PROFESSIONAL SERVICES AGREEMENT
This Agreement entered into as of the 1st day of October,
1982, by and between the City of Miami, a municipal corporation
of Dade County, Florida, hereinafter referred to as "CITY" and
P.F. ENTERPRISES, hereinafter referred to as "REPRE:.SENTATIVE".
W I T N E S S E T If:
WHERE 1,S, THE CITY OF , requires professional services
in the nature of representation. in the jtias.lingtcn, D.C. area
for the purpose of contacting r,,eeting 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
WHERE;%S, the City Corl"Mission has authorized the City
Manager to execute a professional services agreement by
October 1, 1982.
I. TERM
This Agreement shall commence October 1, 1922
and terminate September 30, 1983.
II. BASIC SERVICES
The REPRESENTATIVE shall provide the following
professional services:
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 Ulashington area
with members of the Miami Convention Bureau or its hotel
industry partners.
D. To
identify prospects
and prnjcc,t itineraries
for visiting Miami
Convention
Bureau
persnnnel.
r 82 f5424
AK
E. To submit regular written reports of new
developments in the Washington market that may effect the
Miami area.
F. To respond, within a week, to all inquiries
by the Miami Convention Bureau regarding specific accounts.
III. COt,1PENSATION
The CITY shall pay the REPRESE1:T-lTI7VE the total
sum of $ 20,400. in twelve
equal
monthly
payments
of
$ 1700.00
No additional expenses
may be
incurred
on
behalf
of the other than those whic:, have been approved, in advance,
by the Convention Bureau. Rei-lburse�<<ent for said additional
expenses shall require an iter„ized invoice and shall be pr,cessed
through standard City accounting procedures.
IV. TERti?I„AT ION OF CONTRACT
The CITY retains the rig:lt 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
REPRE-SEi,TATIVE 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 costs 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 REPRESENTATIVL
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, expenses and
liabilities incurred in the defense of any such claims, in the
investigation thereof.
2
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. OWNFRS111P OF DOCU"-1E:;TS
All writings, records, reports and other document-s
developed by REPRESENTATIVE under this Agreement, shall be
delivered to the CITY by said 1REPR--SE1'.,iTATIL7-E upon completion of
the WORK and shall becrme the prcrertl of the CITY, without -
restriction or limitation on their use. REPP,ESENTATIZ:E agrees
that all documents, records and reports rnaintained 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 otter
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. AWARD 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.
The RCPRESE'NI`1ATIVE 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.
34
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 CIT7
shall first consent in writing to the performance of such services
or any part thereof by another person or firm.
X. CONSTRUCTION OF t1GFEE;'.E�:
The parties hereto agree that this Aaree:^ent shall
be construed and enforced according to the laws, stat_utcs and
case laws of the State of Florida.
XI. CONFLICT 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 REP :LSENT:,TI';E
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.
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:
Attest:
City Clerk
APPROVED AS TO FORA AND COPPECTNESS:
JOSE GARCIA-PEDR L:A �
4
PF ENTERPRISES
By:
Pat Fisch, President
(SEAL)
CITY OF MIANII, a municipal
Corporation of the State of
Florida
By
llo%ti,ard V. Gary
City Manager
►82-834