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Res. No. 145-09-12954RESOLUTION NO.: 145-09-12954 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH BARBABA ACKER IN THE AMOUNT OF $6,000.00 FOR PARADE PLANNING SERVICES FOR THE SANTA'S PARADE OF THE ELVES TO BE CHARGED TO ACCOUNT NUMBER 001 - 2100 - 519 -9910; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission wishes to continue the traditional Santa's Parade of the Elves, and WHEREAS, the City advertised for planning services for the Parade of the Elves and Barbara Acker submitted the responsible bid; and WHEREAS, the Mayor and City Commission authorize the City Manager to execute an agreement with Barbara Acker in the amount of $ 6,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: That the Mayor and City Commission authorize the City Manager to execute an agreement with Barbara Acker for planning services for the City's Santa's Parade of the Elves in the amount of $ 6,000.00. Section 2: That the Fiscal Year 2009 -2010 planning services expenses will be charged to account number 001 - 2100 - 519 -9910 with proposed budget of $ 39,000, with allocation of $10,000 for the Santa's Parade of the Elves. Section 3. That the attached agreement is made a part of the resolution. PASSED AND ADOPTED this 1 St day of September , 2009. ATTEST: CITY CLERK Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Palmer: Yea Commissioner Newman: Yea Commissioner Sellars: Yea Sovrq South Miami bAd ARmcdolft CITY OF SOUTH MIAMI �O1`O OFFICE OF THE CITY MANAGER 2001 INTER- OFFICE MEMORANDUM To: The Honorable Mayor Feliu and Members of the City Commission From: W. Ajibola Balogun, City Manager Date: September 1, 2009 Agenda Item No.: Subject: Agreement with Barbara Acker for the purpose of securing parade planning services and organizing the annual Santa's Parade of the Elves. Resolution: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH BARBABA ACKER IN THE AMOUNT OF $6,000.00 FOR PARADE PLANNING SERVICES FOR THE SANTA'S PARADE OF THE ELVES TO BE CHARGED TO ACCOUNT NUMBER 001 - 2100- 519 -9910; PROVIDING FOR AN EFFECTIVE DATE. Request: Authorizing the City Manager to execute an agreement with Barbara Acker for the purpose of securing parade planning services and organizing the annual Santa's Parade of the Elves. Reason /Need: The Request for Proposal for the purpose of secure planning services for the annual parade of the Elves was publicly advertised in the Miami Herald on June 7, 2009, with pre - proposal meeting held on June 12, 2009. Attached is a copy of the newspaper Ad and a certified advertisement sheet from The Miami Herald. Consistent with the Ad, sealed proposals were received until 3:00 p.m. on Friday, June 19, 2009. One responsible bid was submitted by Barbara Acker for an amount of $ 6,000. Attached is a copy of the Bid Opening Report. Ms. Acker have successfully planned and coordinated the Santa's Parade of the Elves for the past 19 years. As a result, we recommend approval of this resolution. Cost: $ 6,000.00 Funding Source: Fiscal Year 2009 -2010 Account number 001 - 2100 - 519 -9910 with proposed budget of $ 39,000, with allocation of $10,000 for Santa's Parade of the Elves. Backup Documentation: ❑ Proposed Resolution ❑ Certified Advertisement of "Request for Proposal" and copy of Ad ❑ Bid Opening Report © Agreement with applicable exhibits SERVICE AGREEMENT FOR SANTA'S PARADE OF THE ELVES THIS CONTRACT is made and entered into as of the 1_ day of _ 2009 by and between the City of South Miami (City), and Barbara Acker, (Consultant). WHEREAS, the City desires to engage and retain the services of the consultant to perform the supplemental work described in this contract and the consultant desires to accept the engagement. WHEREAS, the City, on June 7 th , 2009, issued a Miami Herald advertisement for a request for proposal for "Parade Planning Services" associated with the Santa's Parade of Elves; and, WHEREAS, Consultant was the sole respondent to the advertisement, and has prior experience mmming the Santa's parade; and WHEREAS, due to the specialized services provided and prior training of the Consultant, the Consultant is in a unique position to provide special services to the City. NOW THEREFORE, in consideration of the sum of $10.00, the mutual promises and covenants contained in this contract, and for other good and valuable consideration, the receipt and legal sufficiency of which is acknowledged by both parties, the parties agree as follows: I. WHEREAS CLAUSES. The above whereas clauses are incorporated and made a part of this contract. II. PURPOSE. The purpose of this contract is for consultant to provide the City with assistance in organizing, planning, and holding the Santa's Parade of Elves event. III. SCOPE OF SERVICES. The Consultant hereby agrees to provide the consulting services relating to the Santa's Parade of Elves Event. The terms, conditions, and cost for said services shall be as provided in the attached document, which is incorporated by reference into this contract as composite Exhibit 1. The City's responsibility is identified and agreed upon, as Exhibit 2. IV. TERM OF AGREEMENT. The Consultant shall provide services for a three year period, starting 2009. V. PRICE. The cost per year, for the planning services shall be a flat fee of $6,000. Payment shall be issued via requisition, payable in installments. Half payable by September 1" of each year. Balance to be paid four days after completion of event. VI. TERMINATION - GENERALLY. The City may terminate this agreement at any time by giving the Consultant 30 calendar days prior written notice and paying the Consultant for all time and expenses incurred up until that point. If the City discovers a problem with the Consultant's services, the City shall immediately provide notice to the Consultant and list all deficiencies in the notice. The Consultant shall be provided seven calendar days to correct the deficiencies or problems listed in the notice. If the Consultant does not correct the problem to the satisfaction of the City within the seven calendar days, the City may elect to immediately terminate the agreement. The City will be required to pay the Consultant for all time and expenses as provided for under Section V. The City Manager shall make the final decision on behalf of the City as to Consultant's compliance with terms of contract, quality of services and termination. The City shall have no liability to the consultant for future profits or losses in the event of termination for default. The rights and remedies of the City provided in this provision shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. I- ell a: �any-inerease v deefease in the amount of 41e eonsu'--at's eompensatiee, ffrast be in writing and authorized by the City P't provided all ehanges and-sePA-ees"-,-11.a:n under 'he small 1,44rPhase threqlleld ($5,000). Any changes over the small-purehase th-reslE) 1A E),vef $5,000) require approval-ef4he e VIII. TRANSFER AND ASSIGNMENT. None of the work or services under this contract shall be subcontracted unless the consultant obtains prior written consent from the City. Approved subconsultants shall be subject to each provision of this contract and consultant shall be responsible and indemnify the City for all subconsultants' acts, errors or omissions. The consultant shall not assign, transfer or pledge any interest in this contract without the prior written consent of the City; provided, however, that claims for money by the consultant from the City under this contract may be assigned, transferred or pledged to a bank, trust company, or other financial institution without the City's approval. Written notice of any assignment, transfer or pledge of funds shall be furnished within I0 -days by the consultant to the City. IX. DOCUMENT RETENTION. The Consultant shall provide one hard copy of all draft and final documents produced to the City. All documents, including work notes, memorandum and all work papers must be retained for three years from the date of completion of the services. All books and records maintained for the City, together with all supporting documents, shall remain the property of the City, and shall be returned to the City after they have served their purpose with the service, but in any event upon the termination of the contract. Page 2 of 5 X. EQUAL EMPLOYMENT OPPORTUNITY. The Consultant agrees to comply with the provisions of Equal Employment Opportunity Act, (Executive Order 11246), and ensures that all employees or applicants for employment are not discriminated against because of their race, color, religion, sex, national origin or handicap status. The Consultant agrees to certify compliance with all applicable Equal Employment Opportunity regulations and employment practices. XI. SHANNON MELENDI ACT. The Consultant shall comply with the "Shannon Melendi Act of Miami -Dade County ", which is incorporated by reference for the purpose of conducting background investigations for all coaches, managers, officials, umpires, members, employees, and/or volunteers or participants ( "Volunteers ") associated with the operation of programs and/or activities for the Consultant. Required background investigations shall be completed and provided to the City in accordance with the Program Policy. The City shall be responsible for costs associated with the background checks. XII. SOVEREIGN IMMUNITY AND ATTORNEY'S FEES. The City does not waive sovereign immunity for any claim for breach of contract or for an award of prejudgment interest; provided, however, that in any action arising out of or to enforce this contract, the prevailing party shall be entitled to its reasonable attorney's fees and costs. XIII. JURISDICTION AND VENUE. For the purposes of this contract, Florida law shall govern the terms of this contract. Venue shall be in Miami -Dade County, Florida. XIV. INSURANCE AND INDEMNIFICATION. The City shall not be held liable or responsible for any claims which may result from acts, errors or omissions of the consultant or its subconsultants. In reviewing, approving or rejecting any submissions or acts of the consultant, the City in no way assumes responsibility or liability for the acts, errors or omissions of the consultant or subconsultants. The consultant shall defend, indemnify and hold the City harmless from any and all claims, liability, losses, expenses and causes of action arising solely out of a negligent act, error, or omission or misconduct of the consultant, or the consultant's subconsultants, suppliers and laborers incident to the performance of the consultant's services under this contract. The consultant shall pay all claims, losses, fines, penalties, costs and expenses of any nature whatsoever resulting from its intentional misconduct or negligence. The consultant along with the City shall maintain, during the term of this contract, the following insurance: A. Automobile liability insurance with broad form endorsement, severability of interest with cross liability provision, and personal injury and property damage liability combined single limit per occurrence for bodily injury and property damage. The policy or policies shall name the City as an additional insured and shall reflect the hold harmless provision contained herein. Consultant shall secure proof of car insurance from volunteers, if an automobile will be used by any volunteers to get to; participate in or leave the event. Page 3 of 5 B. The policies shall contain waiver of subrogation against the City where applicable and shall expressly provide that the policy or policies are primary over any other insurance that the City may have. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the City. All of the insurance is to be placed with Best rated A- 8 or better insurance companies qualified to do business under the laws of the State of Florida. C. The consultant along with the City, shall secure certificates of insurance prior to the commencement of operations. The certificates shall clearly indicate the type, amount, and classification as required for strict compliance with this section and that no reduction in limits by endorsement during the policy term. Compliance with the foregoing requirements shall not relieve the consultant of its liability and obligations under this contract. E. Workers Compensation insurance, as required under law, if applicable. XV. COMPLIANCE WITH LAWS. The Consultant shall comply with all federal and state laws, and provide services in a competent and professional manner. Thus it may not consummate transactions, maintain custody of any assets or liabilities or exercise any authority on behalf of the City. XVI. INDEPENDENT CONTRACTOR. The consultant is an independent contractor under this agreement and any project agreements and nothing in this agreement shall create any association, partnership, or joint venture between the parties, or any employer- employee relationship. Personal services provided by the consultant shall be by employees of the consultant and subject to supervision by the consultant, and not as officers, employees, or agents of the City, personnel policies, tax responsibilities, social security, health insurance, employee benefits, purchasing policies, and other similar administrative procedures applicable to services rendered under this agreement or any project agreements shall be those of the consultant. XV. SEVERABILITX. Should any section or any part of any section of this contract be rendered void, invalid or unenforceable by any court of law, for any reason, the determination shall not render void, invalid or unenforceable any other section or part of any section of this contract. XVI. NOTICES. All notices given or required under this contract shall be deemed sufficient if sent by certified mail, return receipt requested, to the addresses of the consultant and to the City specified in this contract, unless either party shall specify to the other party a different address for the giving of the notices. Page 4 of 5 XVII. CONTRACTING OFFICER REPRESENTATION. For the purposes of this supplemental services contract, the contracting officers are as follows: To the City: City of South Miami 6130 Sunset Drive South Miami, Florida 33143 To Consultant: Barbara Acker 7222 SW 68th Street South Miami, Florida 33143 XVIII. ENTIRE CONTRACT. The contract for supplemental services, when signed by all of the parties, constitutes the full and complete understanding and contract of all parties and may not be in any manner interpreted or fulfilled in contradiction of its express terms. This contract and the incorporated attachments constitute the entire understanding between the parties and integrates by its terms all previous contracts or understandings, oral or written, between the parties. In the event of any conflict, the terms of this contract will govern over the provisions of any incorporated documents. XIV. MISCELLANEOUS PROVISION. In the event a court must interpret any word or provision of this contract, the word or provision shall not be construed against either party by reason of drafting or negotiating this contract. XV. COUNTERPARTS. This agreement may be executed in several counterparts, each of which shall be deemed an original and such counterparts shall constitute one and the same instrument. XVI. WARRANTY OF AUTHORITY. The signatories to this agreement warrant that they are duly authorized by action of their respective City commission, board of directors or other authority to execute this agreement and to bind the parties to the promises, terms, conditions and warranties contained in this agreement. IN WITNESS WHEREOF the parties have executed this contract on the date indicated above. WITNESSED: By: 1 ?eye a R ..a at—1 Witness Date: Barbara Acker Date: Consultant By ity Clerk Dat . W. Aj ibola Ba ogun Date: City Manager Page 5 of 5 Exhibit 1 City of South Miami Santa's Parade of Elves Scope of Service for Parade Planning Services CONSULTANT'S RESPONSIBILITIES. The Consultant, Ms. Barbara Acker, hereby agrees to provide consulting and planning services related to the City of South Miami's annual Parade of Elves Event generally scheduled for the first Sunday in December, with post parade entertainment between 2:00 p.m. and 4:00 p.m. This exhibit is an attachment to and is incorporated by reference into the _ day of Service Agreement for Santa's Parade of the Elves. Scope of Service and Responsibilities 1. To recruit, negotiate and secure all parade participants including but not limited to: a. Santa's Elves; b. Middle and High School Marching Bands ( for example, Miami Senior, Homestead Middle and Senior High, South Miami Senior ); c. Other Marching Bands ( for example Saint Andrews Pipe Band ); d. Children's Organizations (for example Girl and Boy Scouts ); e. Children's Activity Groups (for example Dance Studios, Skating Group ) £ Local Community Clubs ( for example Auto Clubs, Vietnam Veterans, Mahi Shrine, South Florida Trail Riders); g. Civic Organizations and Groups ( for example Honor Guard ); h. Secure a Lead Elf and costume; and i. Secure a Santa and costume. 2. To prepare and mail applications and fliers to all invited parade participants. 3. Identify and secure at least two (2) parade float sponsors. The Consultant shall use best efforts to secure additional sponsors, floats and participants in the event. 4. To secure at least, two (2) homemade /amateur floats from community. 5. To evaluate all parade applications and coordinate participants' staging area as well as placement within the parade route. Page 1 of 2 6. To prepare all marketing materials and publicity of parade. 7. To distribute 35,000 flyers to 50 area schools and local businesses. The Fliers shall be created and distributed at least 30 days prior to the event. 8. To advertise the event in the Miami Herald and submit Press Release to media at least 30 days prior to event. 9. To coordinate parade route and road closures with City of South Miami Police Department. 10. To coordinate the placement of barricades and bleachers with the Public Works Department and/Police Department as applicable. 11. To coordinate the parade banner placement and the staging area banners with the City. 12. To negotiate and secure entertainment, such as sound systems, radio rentals for day of parade. 13. To coordinate with all vendors participating in the parade and shall competitively seek vendor services in compliance with the City's procurement code. Provide the City an estimate of vendors that will participate in the event. The Consultant shall obtain prior approval of all vendors from the City Manager, at least 30 days prior to the event. 14. Coordinate post parade entertainment and speakers, in front of First National Bank. The event provides dancing in front of First National Bank by parade participants. 15. To secure and identify volunteers, and require compliance with the Shannon Melendi Act, pursuant to paragraph XI of the underlying contract. The City shall undertake the background checks for event, and absorb costs associated for a maximum of five (5) non -City volunteers assisting at the event. Page 2 of 2 Exhibit 2 Santa's Parade of the Elves CITY'S RESPONSIBLITIES 1. To fund the performance fee of a minimum of 6 school bands to participate in the parade for a maximum funding amount of $ 2,000 2. To fund the advertising expense for the event at a maximum amount of $ 400.00 3. To fund Entertainment expense for the event, to include, radio rental on street sound equipment, generators, etc, at a total of $ 260.00 4. To fund miscellaneous expenses, or provide services such as Event Banner expense, ribbon for elves, photography, city's tent set up and pick up, copying and mailing of events notices for a maximum expense of $ 1,320.00 5. To provide Police services for the event. 6. To provide Public Works' services for the event. To provide two (2) motorized vehicles (00 -4) to be used on the event date. 8. To perform background checks for all volunteers and funds background check for a maximum of five (5) non -City employee volunteers. Xh 11 IBI , iami&rald MiamiHerald.com PUBLISHED DAILY, MIAMI -DADE- FLORIDA STATE OF FLORIDA COUNTY OF MIAMI -DADE Before the undersigned authority personally appeared: ORFINDA MORENO Who on oath says that he /she is CUSTODIAN OF RECORDS of The Miami Herald, a daily newspaper published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement was published in said newspaper in the issues of: June 7,2009 Affiant further says that the said The Miami Herald is a newspaper published at Miami, in the said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida each day and has been entered as second class mail matter at the post office in Miami, in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and af6ant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said Sworn to aI' subscribed before me this 9 day of June 2009 My Commission Expires August 1, 2010 Silvia Sendr Notary ��NtYPi'tn 5!L� /!A 56iJDRA U MY COMMISSION k DD550863 fY�nTXPti2133: Aug, i. 2070 +.�Nctaq see6m. BID OPENING REPORT Bid(s) were opened on: Friday June 19 2009 at: 3:OSpm For.- PARADE PLANNING SERVICES CONTRACTOR(S):..... BID AMO"T(S): Barbara Acker $ 6,000.00 THE ABOVE BTD AMOUNT(S) HAVE NOT BEEN CHECKED. THE BID TOTAL(S) ARE SUBJECT TO CORRECTION AFTER THE/ BEDS HAVE BEEN COMPLETELY 12i REVIEWED. 7 City Clerk's Witness: -