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HomeMy WebLinkAboutR-78-0751ftEso eTioN too % 7Ft A RESbLtJTION ,AtJTHohig NG THE CITY MANAGER TO ENTER INTO THE ATTACHtb AGREEMENT WITH MORTY FREtbMAN FOR CONSULTING SERVICES TO THE CITY OF MIAMI FOR TRE 1279 CITY OP MIAMI INTERNATIONAL FOLK FESTIVAL; EsTARLISiING A FEE of $51o0o POP. SAID SERVICES AND AttoCATINO THE SAID AMOUNT FROM THE i978-79 IMTEitt ATIONAL FoLE FESTIVAL Tnu8T AMb ACyTt3CY Ft' 1b. WHEREAS, the INTERNATIONAL POLE FESTIVAL is in its eighth year and has experienced tremendous growth Under the leadership of MR, MORTY FREEDMAN, and WHEREAS, to insure the continued success Of this event, the CITY OF MIAMI should enter into a formal agreement with MR. FREEDMAN for providing the consulting services desired for properly coordinating this activity, and WHEREAS, funds to cover the cost of these services have been provided in a Trust and Agency Fund entitled "international Folk Festival," and WHEREAS, the City Manager or his designee shall have final approval over all Folk Festival events in accordance with city procedures. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE. CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized the attached agreement with MORTY FREEDMAN for consulting services to the CITY OF MIAMI for the 1979 CITY OF MIAMI INTERNATIONAL FOLK FESTIVAL.. to enter into Section 2. The fee for these services is hereby established "DOCUMENT INDEX as $8,000. ITEM NO. %^ Section 3. The amount of $8,000 is hereby allocated from 1978-79 International Folk Festival Trust and Agency Fund. PASSED AND ADOPTED THIS 14th day of December 1978, MAURtICE A. FERRE, Mayor °I; UPPORIVE DOCUMEtsgS fOLLO\N" c!TY COMMISSION MEETING OF DEC . 4.1978 IOtt T P. CAR , ASSISTANT CITY ATTO1tNtY A1P12AS `1"O 1?ORM i CO1212EGTN1SS :. George nos j Jr . G ty `1Atto `*ie i -2- l Ad 4M MT entered thto t iis by and between the CITY OF MiAMI , tale-. Mate 8f Florida dayf nuhidipal oorporat o i of •here rafter -referred- to as ' M .CITY", and_ MORTY F 28DMAN, hereinafter referred to as the 'CONSULTANT," WI'ts8E' WilEREAE► the Commission of the City of Miahu-b Florida, by Resolution Mob passed and adopted on_- 19 _ , authori`Zed and directed the City. Manager and the City Clerk enter to into an agreement with :"4OW..CY VIREEDMAN for the proVlsion of the Consulting Services desired for properly coordinating the 1979 International Folk Festival; NOW, THEREFORE, in consideration of the covenants and affirmations as herein set forth, the parties mutually agree as follows: 1. TERM The term of this Agreement shall be for a period of one (1) year, beginning on the 2nd day of January, 1979, and terminating on the 1st day of January, 1980. . COMPENSATION The CONSULTANT shall be compensated in the amount of eight thousand dollars ($8,000) from funds budgeted within the Department of Tourist Promotion, in increments upon the following schedule: $4,000.00 to be paid on January 2 1979. $2,000.00 to be paid on April 1, 1979. $2,000.00 to be paid on July 1, 1979. FOLLOW' The method of payment shall be by check, issued by the City of Miami and made payable to Moray Freedman, and shall be delivered by mail or other acceptable means to the CONSULTANT to the following address, Moray Freedman and Assoc-ateS, Inc., Suite 117, 2539 S, aayshore Drive, Miami, Florida 33133, 78'751 Tile CONOLTANT hetehy agrees that he shall: Se1Ve as dhdiffftdh of the City' s lhternatiohal Fc ik EestiVal AdVisbry GomMittee. e, o be created, a budg �b ) Creator cause tet for. the �estVa,l which shall be subject to the approval of the Casty of Miam i, and the CON8t'LTANr further covenants that he shall ensure that expenditures will remain within the limits of such budget. (c) Formulate and carry out all programs and events associated with the Festival with the approval of the City Manager or his designee. rams, or other printed' material Prepare all brochures, prog which may be required for Festival events. (e) Perform all duties which shall be reasonably expected to be performed by a consultant in the accomplishment of: The production of a successful 1979 City of Miami International Folk. Festival. 4. AGREEMENTS BY THE CITY The CITY agrees that it shall compensate the CONSULTANT for his services in an amount, and upon a schedule as herein described, in consideration of the satisfactory performance of the services as herein described. 5. BOTH PARTIES AGREE (a) The the CONSULTANT 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 ordinances of the CITY, or any rights generally afforded classified. or unclassified employees; further, he shall not be deemed to be (d) entitled to Florida Workmen's Compensation benefits of the. CITY, as an emp-oyee (0) () That either party may tertifiate Agfeeffiehttpav thirty ( b) dayo written iotioe to•the•other partyt th1b eet, hoWeVe , to the reserVatiori of. the C1T ' S right to terfii date thi s A4reetllerit•iitittiediately, With or Without notioeb upon the• determination of:the City•Manacer of•the CITY •that the services of the CONSULTANT -are not satisfactory. tc) That the CONSULTANT shall make lib assignment of this • Agreement; unless prior written'cbnsent of the City Manager is obtained. IN•WITNESS WHEREOF; the parties hereto have executed this • .Agreement on the day and date first above written. ATTEST: PREPARED AND APPROVED BY J.� APPROVED AS TO FORM AND CORRECTNESS GEORGE F. KSNOX, +JR. CITY ATTORNEY THE CITY OF MIAMI; a municipal corporation of the State of Florida. BY CITY MANAGER 78 75 THIS ACittEMEN1 entered if to this . day 6f g ,p by and between the 'CitV or MIAM1 b a tunidipal dofpbfatibn of the State of rlorida, hereinafter teferred to as "Tilt CITY", and MORTY VRE8DMAN, hereihaft-er referred to as the ,'000NSMITAN`D.'f W I_TNLSS 8T'I Wt#EiflA8, the Coiitttissi.on of the City of Miami, r1otida, by Resolution No., passed and adopted on .... _,�_.__ .�..:. _► p i9. r aitnorized and directed the City Manager and the City Clerk to enter into an agreemenL with MOI:TI FREEONAN for, the provision of the Consulting Services desired for properly coordinating the 1979 International rolk Festival; NOW, THEREFORE, in consideration of the covenants and affirmations as herein set forth, the parties mutually agree as follows: 1. TERM The term of this Agreement shall be for a period of one (1) year, beginning on the 2nd day of January, 1979, and terminating on the 1st day of January, 1980. COMPENSATION The CONSULTANT shall be compensated in the amount of eight thousand dollars ($8,000) from funds budgeted within the Department of Tourist Promotion, in increments upon the following schedules: \ E $4,000.00 to be paid on January 2, 1979. `� Dt%Q� 5 v Nis $2,000.00 to be paid on April 1, 1979. C`�'1��E p0 � F $2,000.00 to be paid on July 1, 1979. The method of payment shall be by check, issued by the City of Miami and made payable to Morty Freedman, and shall be delivered by mail or other acceptable means to the CONSULTANT to the following address; Morty Freedman and Associates, Inc., Suite 117, 2539 S. I3aysbore Driver Miami, Florida 33133. 78-751 S • ACIAEEI tN18_J3Y,.:,CONSULTANT The CONSULTANT hereby agrees that he shall: (a) . erVt as iairman of the City s International P l Iestival � AdVisbry Committee. (b) Create. or oaUse to be created) a budget for the Fes tiVali which shall be subject to the approval of the City of Miami, shall. ensure (c) (d) and the CONSULTANT further covenants that h' that expenditures will remain within the limits of such budget. events associated Formulate and carry out all programs and with the Festival with the approval of the city Manager or his designee. Prepare all brochures, programs, or other printed material which may be required for Festival events. (e) Perform all duties which shall be reasonably expected to performed by a consultant in the accomplishment of: production of a successful 1979 City of Miami International Folk Festival., 4. AGREEMENTS BY THE CITY The CITY agrees that it shall services in an amount, and upon a consideration of the satisfactory herein described. BOTH PARTIES AGREE The the CONSULTANT 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 ordinances of the CITY, or any rights generally afforded classified or unclassified employees; further, he shall not be deemed to be entitled to Florida Workmen's compensation benefits as an employee of the CITY, The be compensate the CONSULTANT for his schedule as herein described performance of the services as c) that tither patty may tetiinate this Agreement upon thifty (0) days Written notice to the other party; sUb jeot, however to the resetVation of the CITY1 S right to terminate this Agreement iftbediately, With or Without nbtioe, upon the determination of the City Manager of the CITY that the services of the CONSULTANT ate not satisfactory, (o) That the CONSULTANT shall mete no assignment of this Agreement, unless prior written consent of the City Manager is obtained. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above Written. THE CITY OF ttAMI, a municipal corporation of the State of Florida. BY PREPARED AND APPROVED BY Y • TERRY V. PERC ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: GEORGE F. KNOX, CITY ATTORNEY 7 • 75 1 Joseph: brassie- i t Manager / Lew price bepartment o Tourist Promotion t5ec►- S. 1918 International folk FeSt .Val Attached is the proposed Contractbetween the City of Miami and Mr. Morty Freedman for his services in connection with the 1979 International Folk Festival: Elements of concern that were expressed at the City Commission Meeting of October 24# 1978 are: that the Consultant (Mr. Freedman) "shall ensure that expenditures will remain within the limits of ..." the budget for the Festival and that the Consultant shall(be given the latitude to laterally. transfer funds within their budget up to 25% of any specific live item with the futher understanding that any transfer exceeding 25%, must be brought back to the City Commission for approval. He also shall)"formulate and carry out all programs and events associated with the Festival with the approval of the City Manager or his designee." It is understood (stated policy of the City Commission) that the International Folk Festival will continue to be a citizen- directed event and that the City will provide constructive input and suggestions for the improvement of this popular event through the Folk Festival Committee. Since the City of Miami provides direct funding for this event, the Administration has an acknowledged responsibility for adequate fiscal control. This will be accomplished through appropriate City departments, with the Department of Tourism Promotion handling direct liaison with the Folk Festival Committee and the Consultant.