Loading...
R00-170 RESOLUTION NO. R 00-/~'~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF REQUEST FOR PROPOSAL NO. 005- 2710-01/CJF TO BIG BEAT PRODUCT[ON, INC. AS ENTERTAINMENT COORDINATOR FOR THE 2001 GREAT AMERICAN LOVE AFFAIR; AUTHORIZING THE MAYOR AND C~ZI'Y CLERK TO EXECUTE SAID CONTRACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 26, 2000, Procurement Services received and opened two (2) Request for Proposals for the above mentioned project, and it was determined that Big Beat Production, Inc. of Coral Springs, Florida, met and exceeded all specifications; NOWf THEREFORE, BE ZT RESOLVED BY THE C:[TY COMMI'SSI'ON OF THE CI'TY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby approves the award of a Request for Proposal for entertainment coordinator for the 2001 Great American Love Affair to Big Beat Production, Inc., and authorizes and directs the Mayor and City Clerk to execute a Contract between the parties, a copy of which is attached hereto as Exhibit "A". Section 2. That this Resolution shall become effective immediately. PASSED AND ADOPTED THIS ~ day of December, 2000. C1TY OF,~BOYNTON BE/~H, FLOP~DA Vice Mayor A'I-rEST: CibflClerk ~o= ~ kt920/ ~ Mayor Pro Tem Com~h~ner APPENDIX "B" CONSULTANT AGREEMENT FORM ENTERTAINMENT COORDINATOR FOR 2001 GREAT AMERICAN LOVE AFFAIR THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and BIG BEAT PRODUCTION, INC., hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. PROJECT DESIGNATION. The Consultant is retained by the City to perform Consultant ~services in connection with the project designated ENTERTAINMENT COORDINATOR FOR 2001 GREAT AMERICAN LOVE AFFAIR. 2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. iTIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of iwritten notice by the City to the Consultant to proceed. Consultant shall perform all services iand provide all work product required pursuant to this agreement by March 15, 2001 fi-om Ithe date written notice is given to proceed, unless an extensi'on of such time is granted in ~a~riting by the City. PAYMENT. The Consultant shall be paid by the City for completed work and for services rendered under this agreement as follows: la. Payment for the work provided by Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to Consultant shall not exceed $15,000.00 without express written modification of the agreement signed by the City. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. The Consultant's records and accounts pertaining to tiffs agreement are to be kept available for inspect/on by representatives of the City and State for a period of three (3) years after final payments. Copies shall be made available upon request. APPENDIX "B" OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this service agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 7. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant's own employees, or damage to ~ property occasioned by a negligent act, omission or failure of the Consultant~ INSURANCE. The Consultant shall secure and maintain in fome throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $500,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (.15) days of execution of this agreement. 9. iNDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationsltip of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant :shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or othenvise deducting federal income tax or social security or for contributing to the state industrial !insurance program, othemfse assuming the duties of an employer with respect to Consultant, i or any employee of Consultant. 10.1COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not lemployed or retained any company or person, other than a bonafide employee working solely ?or the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay ianY company or person, other than a bonafide employee working solely for the Consultant, iany fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent iupon or resulting from the award or making of this contract. For breach or violation of tiffs warranty, the City shall have the right to annul this contract without liability or, in its APPENDIX "B" 17. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be mended only by written instrument signed by both City and Consultant. DATED this day of 200 CFfY OF BOYNTON BEACH Mayor Consultant Attest/Authenticated: Title City Clerk (Corporate Seal) Approved as to Form: Attest/Authenticated: OffiCe of the City Attorney Re v. 1/22/91 APPENDIX "B" discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. I 1. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 13. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute, a waiver of any other pro'dis/on. 14. TERMINATION. a. iThe City reserves the right to terminate this agreement at any time by giving ten (10) days whtten notice to the Consultant: b. ;In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant ihereby agree to complete the work under the terms of this agreement, if requested to do so by ithe City. This section shall not be a bar to renegotiations of this agreement between surviving ;members of the Consultant and the City, if the City so chooses. 15. iDISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be ladjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. 16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Ama: Notices to Consultant shall be sent to the following address: