HomeMy WebLinkAboutR-82-0738r
M82-675 f
7/22/82
82-738
RESOLUTION NO.
A RESOLUTION ALLOCATING $35,000 FROM SPECIAL
PROGRAMS AND ACCOUNTS - CONTINGENT FUND TO
THE MIAMI DESIGN PLAZA MERCHANTS ASSOCIATION
TO HELP PROMOTE THE MIAMI DESIGN DISTRICT.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The sum of $35,000 is hereby allocated from
Special Programs and Accounts - Contingent Fund to the Miami
Design Plaza Merchants Association to help promote the Miami
Design District.
PASSED AND ADOPTED this 29 day of JULY 1982.
MAURICE A. FERRE
M A Y 0 R
ATTE T:
MATTY HIRAI
ACTING CITY CLERK
PREPARED AND APPROVED BY:
A r*tj-
ROBERT F. CLARK
DEFUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
N?l_.
1�1GEORGE F. K OX$ JR.
CITY ATTORNEY
CITY COMMISSION
MEETING OF
J U L 2 91982
82-738
. .. RECEIVED
l 12 SEP 13 rot
RALK,I G. 0a
CITYLFRA
Of MTY �AK FLA.
PROFESSIONAL SERVICES AGREEMENT
CITY OF MIAMI
AND
MIAMI DESIGN PLAZA MERCHANTS ASSOCIATION
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TABLE OF CONTENTS
SECTION
PAGE
I.
Concept
1
II.
Scope of Services
1
III.
Term
1
IV.
Maximum Compensation/Method of Payment
2
V.
Audit Rights
2
VI.
Indemnification
2
VII.
Independent Contractor
2
VIII.
Ownership of Documents
3
IX.
Award of Agreement
3
X.
Non-Delegability
4
XI.
Construction of Agreement
4
XII.
Conflict of Interest
4
XIII.
Termination
4
XIV.
Signatories
5
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A G R E E M E N T
This Professional Services Agreement is entered into this 31
day of, August , 1982, by and between the City of Miami a
municipal corporation of the State of Florida, (hereinafter
referred to as the CITY), and The Miami Design Plaza Merchants
Association, a not for profit corporation of the State of Florida,
(hereinafter referred toa-s CONSULTANT).
CONSULTANT AGREES
To publicize, through direct mail and national advertising, Miami
Market Week, which will unfold November 12-17, 1982, in the City
of Miami's Design District.
I. CONCEPT
To establish Miami Market Week as an annual event and a full-
fledged home furnishings and design 'Market' on a par with ot;ier
world -class design markets and to capitalize upon the Miami
Design District's status as the third largest and fastest growing
design district of its type in the nation.
II. SCOPE OF SERVICES
CONSULTANT's services under this agreement will include:
1. Preparation and placement in the following internationally
circulated publications of advertising soliciting participation
in Miami Market Week:
a) Florida Designers Quarterly, Interior Design, Contract,
Tie Designer and Design Review.
2. Preparation and dissemination of a direct mail brochure to be
sent to over 25,000 design professionals throughout the United
States and Latin America extolling Miami Market Week and the
Miami Design District.
3. Submission of a report to the Department of Economic Depart-
ment by December 17, 1982, detailing the use of these funds
and evaluating Miami Market Week from the standpoint of
number and type of persons attending Miami Market Week, gross
sales generated and impact on Miami's economy and on the
?Miami Design District.
III. TERM
This Agreement shall commence upon complete execution by both
parties and shall terminate November 17, 1982.
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IV. MAXIMUM COMPENSATION/METHOD OF PAYMENT
The CITY agrees to pay CONSULTANT the amount of thirty-five
Thousand Dollars ($35,000) for the professional services outlined
in Section II of this Agreement based on the following payment
schedule:
1. 50% of the total amount or $17,500 upon complete execution
of this Agreement.
2. 50% of the total amount or $17,500 by October 15, 1982.
Both parties hereby agree that the maximum amount payable under
this contract shall not exceed thirty-five thousand dollars
($35,000) and that either party may immediately and at any time
terminate this Agreement when the costs hereinabove reaches
thrity-five thousand dollars ($35,000).
V. 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.
VI. INDEMNIFICATION
The CONSULTANT agrees to defend, indemnify and save harmless the
CITY against any and all claims, suits, actions arising during
the term of the Agreement, for any personal injury, loss of life,
or damage to property, sustained by reason of or as a result of
the CONSULTANT'S agents, employees, or workmen, 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.
VII. INDEPENDENT CONTRACTOR
That the CONSULTANT 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
she/he shall not be deemed entitled to Florida Workmen's Compensation
benefits as an employee of the CITY.
VIII. OWNERSHIP OF DOCUMENTS
All writings , diagrams, tracing, charts, schedules, and any other
materials developed by CONSULTANT under 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.
IX. AWARD OF AGREEMENT
The CONSULTANTS 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 CONSULTANTS 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 agree that they will fully comply in all respects
with the terms of said laws.
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X. 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.
XI. 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.
XII. CONFLICT OF INTEREST
The CONSULTANT convenants 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 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 conflict of interest promulgated by
Federal, State or Local government.
XIII. TERMINATION
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, a ten (10) days notice of termination of
this Agreement shall be in writing to the CONSULTANT who shall
be paid for all {PORK performed prior to the date of this receipt
of the 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.
It is hereby understood by and between the CITY and the CONSULTANT
that any payment made in accordance with this Section to the
CONSULTANT shall be made only if said CONSULTANT is not in default
under the terms of this Agreement. If the CONSULTANT is in
default under the terms of this Agreement, then the CITY shall in
no way be obligated and shall not pay to the CONSULTANT any sum
whatsoever.
In the event this contract is terminated after CONSULTANT has
received all compensation monies, yet prior to the completion
of the Agreement, the CITY reserves the right to recapture all
unspent and unencumbered monies as of the date of termination.
XIV. SIGNATORIES
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.
CITY OF MIAMI, a municipal corperation
of the State of Florida
ATTEST:
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;'CG.
RA Ph ONGIE, CITY LERK CIT .4ANAGER
ATTEST: MIAMI DESIGN PLAZA MERCHANTS ASSOCIATION
a not for profit corporation of the
State of Florida
SECRETARY PRESIDENT
APPROVED AS TO FORDS AND CORRECTNESS:
r
R. GARCIA-PEDRC A-, CITY ATTORNEI
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