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HomeMy WebLinkAboutR-78-0220"SUPPORTIVE Dr7:CL:::.ENTS r L ff RESOLUTIoN No. A RESOLUTION AUTHoPIZING THE CITE' MANAGER TO ENTER INTO T11E ATTACHED AGREEMENT WITH MORTY FREEDMAN FOR CONSULTING SERVICES TO THE CITY o1i MIAMI ?OR THE 1978 CITY OE MIAMI INTERNATIONAL EOL1 FESTIVAL; ESTAELISHING A FEE o? $7,000 ?OR SAID SERVICES AND ALLOCATING THE SAID AMOUNT ?ROM THE SPECIAL MILLAGE FUND OF THE 1978 TOURISM PROMOTION DEPARTMENT, WHEREAS, the INTERNATIONAL FOLK FESTIVAL is in its seventh 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 „DOCt! !T ►r'X t. E ITEM NJ. to WHEREAS, funds to cover the cost of these service ve been provided in the 1977-78 Tourism Promotion Department; and WHEREAS, the City Manager of 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 to enter into the attached agreement with MORTY FREEDMAN for consulting services to the CITY OF MIAMI for the 1978 CITY OF MIAMI INTERNATIONAL FOLK FESTIVAL. Section 2. The fee for these services is hereby established as $7,000. Section 3. The amount of $7,000 is hereby allocated from the Special Millage Fund of the 1978 Tourism Promotion Department, PASSED AND ADOPTED this 23rd day of March ATT ; c>' RA 154 G. DATA , CIT CLERK Maurice A. Ferre MAURICEA,FERR , MAY0 R 1978, 7 8~ 2 2 0 (2) pittPARED AND ApPROVgb tY: 4° L.,./ t(ete - RoRX tt RT P. CLA. ASSISTANT CITY A'TToRNtY APPROVED AS TO FORM AND C GEORGE F . ; FOLLli"' NOX, JR., CITY AT SS 7 8 '2 2 0 Adk EMEN2 THIS AGREEMENT entered into this_ _.... day af�w..w 19_... _,, by and between the CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter referred to as "THE CITY", and MORTY FREEDMAN, hereinafter referred to as the "CONSULTANT". WITNESSETFI WHEREAS, the Commission of the City of Miami, Flori a, by Resolution No. , passed and adopted on 19 , authorized and directed the City Manager and the City Clerk to enter into an agreement with MORTY FREEDMAN for the provision of the Consulting Services desired for properly coordinating the 1978 International Folk Festival; NOW, THEREFORE, in consideration of the covenants and affirmations as herein set forth, the parties mutually agree as follows: "S U P P C F71 `/ r D` CU r'•:? ENl S b✓ l.. LOW" The term of this Agreement shall be for a period of one (1) 1. TERM year, beginning on the llth day of February, 1978, and terminating on the loth day of February, 1979. 2. COMPENSATION The CONSULTANT shall be compensated in the amount of Seven Thousand Dollars ($7,000) from funds budgeted within the Department of Tourism Promotion, in increments upon the following schedule: $3,500.00 to be paid on March 25, 1978. $1,750.00 to be paid on April 1, 1978. $1,750.00 to be paid on July 1, 1978. 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 at the following address; (2) J . AORttI"1PJNT8 D ,,.„..l-.V,LV. U, L LV lt The CoNU,MA'T hereby agrees that he shah.: (a) (b) (c) 7lSUPP1.. P !�flIr(e) OCLJ» _:-,N • ;' Y� Serve as Chairman of the City's International Folk Festival Advisory Committee. Create, or cause to be created, a budget for the Festival, which shall be subject to the approval of the City of Miami, and the CONSULTANT further cove- nants that he shall ensure that expenditures will remain within the limits of such budget. Formulate and carry out all programs and events associated with the Festival with the approval of the City Manager or his designee. (d) Prepare all brochures, programs, or other printed material which may be required for Festival events. Perform all duties which shall be reasonably expected to be performed by a consultant in the accomplishment of: The production of a successful 1978 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) That 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 not be deemed to be entitled to Florida Workmen's Compensation benefits as an employee of the CITE'. 78. shall 20 (b) 0) That either party may terminate this Agreement upon thirty (0) day S Written hotide to the other party; subject, however, tO the reservation of the CITY'S right to terMinate this Agreement immediately, with or Without notice) Upon the determination of the City Manager of the CITY that the services of the CONSULTANT are not satisfactory. (c) That the CONSULTANT shall make 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. ATTEST: CITY CLERIC WITNESS WITNESS PREPARED AND APPROVED BY / ji 76A ('G»„ e JUDITH E. HOLLANDER ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS; GEORGE F. KNOX, JR. CITY ATTORNEY THE CITY OF MIAMI, a municipal corporation of the State of Florida. BY CITY MANAGER MORTY FREEDMAN "SUPPORTIVE DOCUMENTS F6LLOW" to: FROM: 98 1 city or MIAMI. FLORiciA tNtEIR.OP#tr~t Mt~ Mor3ANbUM doselih tt. Grassie City Manager International FOIk Festival Lew Price rerEpeNcEs: bepaetment of Tourism Promotion r.,:ct_csuRrs: Attached is the proposed contract between the City of Miami and Mr. Morty Freedman for his services in connection with the 1978 International Folk Festival. Two elements of con- cern that were expressed at the City Commission Meeting of March 23, 1978 are found on Page Two of the proposed Agree- ment, namely: 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 "formulate and carry out all programs and events associated with the Festival with the approval of the City Manager or his designee." 11 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. 78-220