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HomeMy WebLinkAboutReso 2013-2083 • RESOLUTION NO. 2013- 2Og3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE FIRST AMENDMENT TO AGREEMENT WITH DBP ROBOTICS FOR PROGRAM INSTRUCTION SERVICES FOR SUMMER CAMP AND THE AFTER SCHOOL PROGRAM, IN AN AMOUNT NOT TO EXCEED THIRTY THOUSAND DOLLARS ($30,000.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through Pelican Community Park the City offers a variety of classes and programs through contracted services; and WHEREAS, DBP Robotics provides the instruction for the Lego Robotics Program for Summer Camp and the After School Program, and the City entered into an Agreement with DBP Robotics in an amount of Ten Thousand Dollars ($10,000.00); and WHEREAS, these classes continue to increase in popularity and enrollment continues to rise; and WHEREAS, the City now wishes to approve the First Amendment to Agreement with DBP Robotics to amend the compensation to the Instructor to include authorization to expend funds for Program Instruction Services at the City's Summer Camp and the After School Program, in an amount not to exceed Thirty Thousand Dollars ($30,000.00), attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of First Amendment to Agreement. The City Commission hereby approves the First Amendment to Agreement with DBP Robotics to expend funds for Program Instruction Services for Summer Camp and the After School Program, in an amount not to exceed Thirty Thousand Dollars ($30,000.00), attached hereto as Exhibit "A". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 18th day of July 2013. R2013-Dbp Robotics Agmt Summer Camp Srvs Page 1 of 2 Orman S. Edelcup, ayor ATTEST: ` , , , , , '• Jane.A. Hines, CMC, City Clerk APPROV 1 AS 0 FORM AND LEG :SU 'IA NCY an- $Iiii t no, City A' : torney y Moved by: VI& VARY 4.A.-\010 Seconded by:CynvwwSs k boraa 1-. ..kj lid Vote: 6-b Mayor Norman S. Edelcup 43. (Yes) (No) Vice Mayor Isaac Aelion t/(Yes) (No) Commissioner Jeanette Gatto ✓(Yes) (No) Commissioner Jennifer Levin Yes) (No) Commissioner George "Bud" Scholl (Yes) (No) R2013-Dbp Robotics Agmt Summer Camp Sr•s Page 2 of 2 SJNNY SE "LC+4 n FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH SE'yyyl OF SUS AND DBP ROBOTICS - CONTRACT NO. C1213-043 This First Amendment to the Agreement between the City of Sunny Isles Beach and DBP ROBOTICS, executed this le day of July, 2013, is made a part of the original Agreement between the parties dated October 1, 2012, ("the Agreement") between the City of Sunny Isles Beach ("City") and DBP ROBOTICS, ("Instructor") attached hereto as Attachment "A", whose Federal Identification # is Z(o 3122'51 . The City and Instructor hereby agree as follows: 1. COST. The compensation to the Instructor, as set forth in Section 3 of the original Agreement, is hereby amended to include authorization to expend funds for the Lego Robotics Program for Summer Camp and After School Program, in an amount not to exceed Thirty Thousand Dollars ($30,000.00), which reflects 70% of revenues to be collected based on enrollment. 2. OTHER PROVISIONS REMAIN IN EFFECT: Except as specifically modified herein, all terms and conditions of the original Agreement between the parties, dated October 1, 2012, attached hereto as Attachment "A", shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned above. WITNESS: DBP ROB U ` *A.OPerla Signature ��, 1 BY: I, N . Sig 7.ture `ilyre Print Name • . • , . ATTEST: , • CITY OF SUNNY ISLES BEACH x7:'11 :z gy• � u�(/: BY: n40-011-4/• /0" Jane A. Hines,, •MC, City Clerk orman S. Edelcup, Mayor APPROVED AS TO FORM AND LEGAL S ENCY .I Al %%/,j e ttino Ci Attorney • • Y �" CITY Y OF S L SE B CH `a'-_ - ' AGREEMENT WITH _--V= CONTRACT NO: C1112— -.......0. THIS CONTRACTUAL AG RE referred to as the "Agreement") is made in duplicate, this I day of , 2012, and b v.,-a• •. CityCity of Sunny Isles Beach,Florida, (hereinafter referred to as"City"), and .11�5 0 ' P ' / TIC� (hereinafter referred to as"Performer/Instructor"),whose Federal I.D.is# 7 4, 3 7 a. „29 SECTION ONE PERFORMANCE/CLASSES Performer/Instructor shall provide papfessicmal . ' ' r 'p n�classes, beginning Qd/. Zo/2.through P /,2t th `eli C, ..unity Pads, located at 18115 North Bay Road, Sunny Isles Beach,Florida. There shall be a minimum mmaber of 5-24 (16 paid.reg1Stanm fnr The elagne,8y_01^---.__—__..__.— the City may at its sole option, cancel the classes. The City shall negotiate the dates and times with the Perfiormer/Instructor. There shall be no additional performances/classes without the express written approval of the City. • • SECTION TWO DUTIES OF PERFORMER/INSTRUCTOR A. : a • n y . shall provide a qualified teacher who is a certified ' ' '. 4 .`• •11,, -r/Instructor. B. Performer/Instructor shall ensure that the performances/classes commence and conclude in a timely manner,as scheduled. C. Performer/Instructor shall ensure that safety is prevalent during exercises. SECTION THREE COMPENSATION For its services to the City,under and during the germs of this Agreement, the City shall pay to the Performer/Instructor the sum of a.) Dollars($ , )per class/hour. OR b.)5'2 Vz'' . a. (70%)of the revenues collected from the pre-paid registrations. 1 C1 112- Agreement-Recurring Events Fmm#1 FINAL VERSION 08/2012 Attachment "A" City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach,Florida 33160 (305)947-0606 phone(305)949-3113 Fax To be paid within thirty (30) days of the City's receipt of Performer/Instructor's monthly invoice. Pursuant to the terms and conditions of this agreement,the total amount of compensation to the Performer/Instructor shall not exceed $10,000.00. However, in the event that the total fees by the Performer/Instructor approaches that amount, the City Manager shall require an approval by the City Commission for such expenditures. SECTION FOUR LIABILITY FOR EXPENSES All expenses in any way pertaining to the 40 teddlegimumce/class shall be the sole and separate liability of the Performer/Instructor. City assumes no financial responsibility of any __. kind or nature relative to this Agreement. SECTION FIVE CANCELLATION If the event/class is prevented by governmental regulation or order, or other calamity such as fire,earthquake,hurricane, or similar acts of God,the City shall be relieved of any responsibility for payment of the scheduled event/class. Similarly, if Performer/Instructor is unable to perform as required by this Agreement due to acts of God or severe illness,Performer/Instructor shall be relieved of any responsibility to the City except the Performer/Instructor shall provide suitable replacements and the City shall only pay the replacement an amount approved by the Cultural and Human Services Director. SECTION SIX TERMINATION AND REMEDIES FOR BREACH A. If, through any cause within reasonable control, the Performer/Instructor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Performer/Instructor of its violation of the particular terms of the Agreement and grant Performer/Instructor ten(10)days to cure such default. If the default remains uncured after ten(10)days the City may terminate this Agreement, and the City shall receive a refund from the Performer/Instructor in an amount equal to the actual cost of a third party to cure such failure. If Performer/Instructor fails,refines or is unable to perform any term of this Agreement, City shall pay for services rendered as of the date of termination. 2 C1112- Agreement—Recurring Events Form#1 FFVAL VERSlON06/1p12 • Cky of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach,Florida 33160 (305)947-0606 phone(305)949-3113 Fax (i) In the event of termination, all finished and unfinished documents, data and other work product prepared by Performer/Instructor (and sub Performer/Instructor(s)) shall be delivered to the City and the City shall compensate the Performer/Instructor for all Services satisfactorily performed prior to the date of termination,as provided in Section 6 herein. (ii) Notwithstanding the foregoing, the Performer/Instructor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Performer/Instructor and the City may reasonably withhold payment to Performer/Instructor for the purposes of set-off until such time as the exact amount of damages due the City from the Performer/Instructor is determined. __ ___- B. Termination_for .convenience of City, a City_ay,_fs ita_cxrri , ana without cause terminate the Services then remaining to be performed at any time____ ._--- by giving Performer/Instructor ten (10) days written notice. The terms of Paragraph 6A(i)and 6A(ii)shall be applicable hereunder. SECTION SEVEN ASSIGNMENT OF RIGHTS The rights of each party under this agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. SECTION EIGHT NO WAIVER The failure of either party to this agreement to insist upon the performance of any of the terms and conditions of this agreement,or the waiver of any breach of any of the terms and conditions of this agreement,shall not be construed as thereafter waiving any such terms and conditions,but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. SECTION NINE GOVERNING LAW It is agreed that this agreement shall be governed by,construed,and enforced in accordance with the laws of the State of Florida. Venue for any legal proceedings shall be in Miami-Dade County Florida. 3 Cl i 12- Agreement—Recurring Events Form#1 FINAL PERSON 0812012 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach,Florida 33160 (305)947-0606 phone(305)949-3113 Fax SECTION TEN ARBITRATION It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys'fees as may be determined by the court on confirmation SECTION ELEVEN EFFECT OF PARTIAL INVALIDITY The invalidity of any portion of this agreement shall not be deemed to affect the validity of any other provision.If any provision of this agreement is held to be invalid,the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expunging of the invalid provision. SECTION TWELVE ENTIRE AGREEMENT • This agreement shall constitute the entire agreement between the parties and any prior . understanding or representation of any kind preceding the date of this agreement shall not be binding upon either party except to the extent incorporated in this agreement. SECTION THIRTEEN MODIFICATION OF AGREEMENT Any modification of this agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if placed in writing and signed by each party or authorized representative of each party. SECTION FOURTEEN PARAGRAPH HEADINGS The titles to the paragraphs of this agreement are solely for the convenience of the parties and shall not be used to explain,modify, simplify,or aid in the interpretation of the provisions of this agreement. 4 C1112- Agreement—Recurring Events Form#1 FINAL VERSION 08/2012 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach,Florida 33160 (305)947-0606 phone(305)949-3113 Fax SECTION FIFTEEN NOTICE All notices and d other communications required or permitted to be given under this e Agreement by either to the other shall PAY be in writing and shall be sent (except as otherwise provided herein)(i)by certified or registered mail,first class postage prepaid,return receipt requested, (u) by guaranteed overnight delivery by a nationally recognized courier service, or(iii)by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service),addressed to such party as follows: If to the Cfty: With a copy to: Christopher J.Russo,City Manager Hans Ottinot,City Attorney of Sunny Isles Beach City 1a R��>, 18070 Collins Avenue 18070 Collins Avenue Fourth Floor Fourth Floor Sunny Isles Beach,FL 33160 Sunny Isles Beach,FL33160 TeL (305)792-1701 Tel:(305)792-1702 If to the Performer/ Name: A N U A t IA,S'A Instructor: Tide: rgeSi PA' Addrex 76513 A.Co,u41C1(21,9r 14'WA.)/bk. 313 Tel:(f_ Z c_z_(?g SECTION SIXTEEN CONFLICTING PROVISIONS The terms and conditions in this agreement supersede any other conflicting provisions that are contained in any other documents,including any attachments hereto. SECTION SEVENTEEN COUNTERPARTS This agreement may be executed in any number of counterparts, each of which shall be deemed to be an original,but all of which together shall constitute the same instrument. SECTION EIGHTEEN INDEMNIFICATION The City shall not in any way be answerable or accountable for any violations of applicable laws or for any injury, loss or damage arising from the negligence or omission of the Performer/Instructor or any one of its employees, or agents. Performer/Instructor hereby agrees 5 C1112- Agent—Recurring Events Form#1 FINAL VERSION 08/2012 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach,Florida 33160 (305)947-0606 phone(305)949-3113 Fax to indemnify, defend and hold harmless the City from and against any claim, loss, damage, liability, cost or expense, including attorneys' fees arising out of the performance by the Performer/Instructor of its obligations under this Agreement, including any personal or bodily injury,including death,to any person and destruction of property. SECTION NINETEEN TERM The term of this Agreement shall take effect upon execution and shall end no later than one year, i.e.365 days,thereafter. SECTION TWENTY SECURITY BACKGROUND CHECK A security background check will be required for any employee of the Performer/Instructor — — performing services under this Agreement. At the Performer/Instructor's sole cost and expense, the Performer/Instructor and their employees who perform services under this Agreement shall be required to have a Florida Department of Law Enforcement ("FDLE") Florida Crime Information Center/National Crime Information Center (TCIC/NCIC") background/criminal records check. The City shall have full discretion to require the Performer/Instructor to disqualify, prevent, or remove any employee due to failure to meet this security background check requirement. The Performer/Instructor shall provide sufficient proof to the City that they have performed the above mentioned backgmund/criminal records check prior to performing services under this Agreement. The Performer/Instructor shall ensure that only their properly designated employees listed with the City Manager or his designee be permitted to provide services under this Agreement. If the City cancels the class/performance for any reason outside the reasonable control of the Performer/Instructor, such as low enrollment in the scheduled class/performance or Acts of God (including but not limited to fire, flood, earthquake, storm, hurricane or other natural disaster), then the City shall refund the Performer/Instructor for the costs of the security background checks,provided the City does not reschedule the class/performance within ninety (90) days of the canceled class/performance. However, in the event the Performer/Instructor cancels the class/performance on their own initiative, then the Performer/Instructor shall not be entitled to any refunds,including no refunds for the security background checks. SECTION TWENTY-ONE MEDIA RELEASE • The Performer/Instructor shall agree to give permission for photographs to be used in future promotional materials by the City.The Performer/Instructor agree that any photographs,pictures, 6 Cl 1 I2- Agreement—Recurring Events Form#1 FINAL VERSION 08/2012 • • • City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Florida 33160 (305)947-0606 phone(305)949-311133 FFax slides, movies, or videos may be taken in connection with their participation in the event or activity without any compensation from the City or their agents and employees and do hereby consent to the use of said photographs,pictures,slides,movies,or videos for any legal purpose. IN WITNESS WHEREOF, the parties hereto ' : executed this Agreement in duplicate on the day and year first written above. WITNESSES: Perfo 1. : 1> aw an *41k .-1-14 k BY: ,�,,l,♦� `1`- 1 a k-44-Ott4/49146— t,..� • AVAST• CITY OF SUNNY ISLES BEACH dif• BY: 1 a ' BY: �.- Jane ' -s,CAM,City Clerk Chri: • .her Russo,City Manager APPROVED AS TO FORM • AND LEGAL SUFFICIENCY BY: , Ottinot,city A ' 7 C1112- Agreement—Recurring Events Form#1 FDi 4L VERSION084012 . • • City of Sunny Isles Beach • ' Cultural & Human Services Department Pelican Community Park Community Center O." Program ProposaUSchedule Program Name: .'G014 IP _.(/ i fo'. Zei--19 P--€2-14--49ACI Description: u5.72 P.0.--40_44 C 5 - o2 t,.„,k- 41 H '4X' �e Proposed Dates: ?l� ��2_ �� I4 / Proposed.Days: j 7 ,22_7) 8/+2 - 81/6 Proposed Times: q— y ; 3 Total P ram Hours: �., -j 3 w /r � Target Age: b ` / 3 Location: Pelican Community Park Min#of Participants: c • Max#of Participants: 1/ O Instructor/Consultant I rmetlon Name: UA---0.- Akd414 . Address: 5 S 112 5 .L D5 1 y (©o ►e r Cr-t 3 3 32 S Phone#13-86- Z6Z6Zg_ Email: akoded aa.gVCse rc03I. co,-1 V Instructor Fees(fill in only one) �! 0 2 c, j k G tpr��ws Instructor's ,,J/ Percentage Split 7 0 /o - 7 o/o AlLe6gly Rate: Initials /-1 Suggested Program Fees —P P . Members: �[PO, Non-Members: 7 Approved: . Lt LLL4 )C4&d - Date: 1`c// 3 Contract Sent to Legal: 41 51/3 Background Check$24.50 Cash/Check# Date EE Initials Proxy card $10 or ID card $5 TOTAL Fee Received: $ r o .--t - t f M1 - i . i n� :1 J �- s r : 1 w < S F 1, 1 t IF y r a I Jt 1 1 x t } r 11 11 1 t / 11 I Ili 151 i ], I i i! I r 1 1 t ,%_!,:::k...- I t I 1 {I tis } � s. �^ r a s r� s I ti I r 7 S l I r t f - t r I 1` l I l I I 1 o -1,. -I i 1< r IF!, I Y ,-1,_I I , 'z 1 1 z _ r L 1 t ` } r P F t .-.1.;!„,_.t f In-I- r '11,-.1-!'111 I I, t - 1 I. Ill 1 i ' r ., kt i . } �t• RL r i'...1:".:':1:-..: { ° 1 SU""Y 'S`Fr City of Sunny Isles Beach O� dF ti 18070 Collins Avenue ;, , .„_ _ I ,;I. Sunny Isles Beach, Florida 33160 l'e 55-;--FT-0--S‘-PSG' (305)947-0606 City Hall C'' '' o, s u t4 l'`'') (305)949-3113 Fax MEMORANDUM r TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Susan Simpson, Cultural and Community Services Director DATE: 7/18/2013 RE: Authorization to Expend Funds up to $30,000 with DBP Robotics for Program Instruction Services RECOMMENDATION: It is recommended that the City Commission approve the attached resolution to expend funds in the amount up to Thirty Thousand Dollars, ($30,000.00) with DBP Robotics for Program Instruction Services for Summer Camp and the After School Program. REASONS: The City offers a quality, computer science camp as an After School Program during the school year and as a summer camp during the summer. Instruction for this program is provided by DBP Robotics through a contract for services wherein the registration fees are shared, 70% to the instructor and 30% to the City for operational expenses. The City manages registrations and pays the contractor their 70% from funds received. This program continues to increase in popularity and enrollment continues to rise. As such the fees paid to this vendor have increased. With maximum enrollment in the summer camp offering, DBP Robotics is estimated to receive up to $22,680 for summer camp registrations (based on 50% resident / 50% non- resident registrations). This contractor already received $5,600 for After School Programs. These two combined is estimated at $28,280. Staff is requesting authority to spend up to $30,000 in the event more non-residents register for this program than estimated. Agenda Item No 10E Date 7/18/2013 80 ADDITIONAL INFORMATION: Payment will only be made to the contractor, DBP Robotics after the course fees are received by the City. It is estimated that the City may receive up to $42,500 in course revenues for this one program, of which the amount up to $30,000 (70% of course fees) would be paid from this revenue. The City will only pay to the contractor the amount equal to 70% of total course fees collected as agreed, not to exceed $30,000 without further Commission approval. FUNDING SOURCE: Funds are budgeted for and available for this expense in the Community Center Programs General Fund Account Number 10.573.5572. ATTACHMENTS: • Resolution • First Amendment to Agreement Agenda Item No.IOE Date 7/18/2013 81