HomeMy WebLinkAboutReso 2011-1765
RESOLUTION NO. 2011- ~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, RAFTIFYING PAYMENTS
FOR PROGRAM INSTRUCTION PROVIDED BY EXPRESSIONS
ARTS FOR THE MUSICAL THEATER PROGRAM, IN AN
AMOUNT NOT TO, EXCEED THIRTEEN THOUSAND SEVEN
HUNDRED FIFTY-NINE DOLLARS AND TWENTY-TWO CENTS
($13,759.22), A TT ACHED HERETO AS EXHIBIT "A";
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, Expressions Arts provides the instruction for the Musical Theater Program
for both After School and Summer Camp; and
WHEREAS, these classes proved to be very popular and this year generated more
revenue than originally anticipated due to the high enrolment in the Summer Camp sessions; and
WHEREAS, payments to Expressions Arts for the Musical Theater programs total
Thirteen Thousand Seven Hundred Fifty-Nine Dollars and Twenty-Two Cents ($13,759.22)
based on a percentage of revenues for fiscal year 2010-2011 per contract, 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. Ratifying Payments for Program Instruction. The City Commission hereby
ratifies payment to Expressions Arts, in an amount not to exceed Thirteen Thousand Seven
Hundred Fifty-Nine Dollars and Twenty-Two Cents ($13,759.22), attached hereto as Exhibit
"A".
Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all
other things necessary to effectuate this Resolution.
Section 3.
Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 15th day of September 2011.
R2011- RatifY Payment To Expressions Arts
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ATTEST:
~A-~
Jane A. H,ines, CMC, City Clerk
Vote: 5"-0
Mayor Norman S. Edelcup
Vice Mayor Lewis Thaler
Commissioner Isaac Aelion
Commissioner Jeanette Gatto
Commissioner George "Bud" Scholl
R2011- RatifY Payment To Expressions Arts
Page 2 01'2
.
Moved by: Cn~~ ~'()tJ
Seconded by: Vt~ ~t\" 1\4 r\-LCC,e
~(Yes)
V(Yes)
V(Y es)
~(Yes)
---'L- (Yes)
_(No)
_(No)
(No)
_(No)
(No)
TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
City COIHlnissioll
Nonnan S. Edelcup, Mqyor
Lewis J. Thaler, Vi,~ M'!)'or
Isaac Action, CO/lllni,f,riomr
Jeanette Gatto, Con/lnir.rioller
George "Bud" SchoU, CO//1/Hi.r.rioller
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
Alan J. Cohen, Ci{J MtlI/(lJ!!r
Hans Ottino!, Ci{J Allomry
Jane A. Hines, CitJ Cluk
MEMORANDUM
Alan Cohen, City Manager
Susan Simpson, Cultural and Human Services Dir
August 10, 2011
Approval for Expenditure to Expressions Arts Exceeding $10,000.00
Expressions Arts is a contracted instructor for our After School Musical Theater Program and our
Summer Camp Musical Theater Camp. Our agreement with them is an 80/20 revenue split. Based
on the enrollment in our summer camp program, their 80% will exceed an annual cumulative total
of $10,000.00, our limit without City Commission approval. Prior to the Summer Camp program,
Expressions Art had been paid $5,611.62 this fiscal year for the After School Program.
Enrollment in the Summer Camp program spiked after the first week of camp. Their portion of
camp fees totaled $8,147.60 of which they were paid $5,190.00 leaving a balance owed of $2,957.60
which requires City Commission approval. We expect this to be the last payment for this fiscal year.
In order to process this payment in a timely manner, it is requested that you approve the payment
that will exceed the annual amount of $10,000.00 and include it on the September Commission
agenda for ratification. The revenues have already been collected and the funds are available in the
expense budget account number 10.573.5575, summer camp.
For your information, attached is a draft Commission agenda memo if you are agreeable to
proceeding in this manner. Also attached is the Revenue Summary Report for this program,
Please advise if you would like more information.
Thank you.
Attachments: 2
Course Revenue - Summary Report
FY 10-11
I Youth Ree Programs
Theatre
Course# Course Tille Revenue Actual Max Enroll 00 Full
Enroll
MUS-01 MUSICAL THEATRE (8 -11 y.o) - Fall 2010 $2,475.00 15 20 75%
MUs.<<l MUSICAL THEAmE (12 -15 y.o) - FaD 2010 $0.00 I .0 20' 0%
MUS-01 MUSICAL THEATRE (7-11 y.o) - Winter 2011 $2,170.00 15 20 75%
MUs.<<l MUSICAl THEATRE (12-15y.o) - WInter 2011 $360.00 2 20 10%
MUS-02 MUSICAL THEATRE (7-14 y.o) - Spring 2011 $2,320.00 14 20 70%
078C-MUS1 ~ Theatre Wk1 - SOOlmer 2011 $5,091.00 31 40 78%
07SC-MUS2 Musical Theatre Wk2 - Summer 2011 $4,976.00 31 40 78%
Totals For Theatre
Tolals For Youth Rec Programs
Grand Totals
For Category: Youth Ree Programs IFor SubCategory: Theatre
City of Sunny Isles Beach
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CITY OF SUNNY ISLES BEACH
AGREEMENT WITH F 'X P ,e55.~/o it ~
CONTRACT NO: 'C0910-
THIS CONTRACTUAL AGREEMENT (here' after referred to as the "Agreement")
is made in duplicate, this ~ day of , 2010, by and between the City, of j
Sunny Isles Beach, Florida, (hereinafter refe d to as "City"), and ~ ~4. r r--S
(hereinafter referred to as "PerformerlInstructor"), whose Federal LD. is # 5d'9 <~ oo~~
SECTION ONE
PERFORMANCE/CLASSES
PerfonnerlInstructor shall provide professional ljlAS i ea /71", Ire:.perfunnanceslclasscs.
beginning ~ ~() I (~ugh ~ J 011 at the Pelican Community Park, located at 18115
North Bay Roa , Sunny Isles Bea~
There shall be a minimum number of Je.. Y) (JQ) pre-paid registrants for the classes, or
the City may, at its sole option, cancel the classes. The City shall negotiate the dates and times
with the Performer/Instructor. There shall be no additional performances/classes without the
express written approval of the City.
SECTION TWO
DUTIES OF PERFORMERlINSTRUCTOR
A. Performer/Instructor shall provide a qualified teacher who is a certified
H L\.<;'\'c..c.. \ T'nPerformerlInstructor.
B. Performer/Instructor shall ensure that the performances/classes commence and
conclude in a timely manner, as scheduled.
C. Performer/Instructor shall ensure that safety is prevalent during exercises.
SECTION THREE
COMPENSATION
For its services to the City, under and during the terms of this Agreement, the City shall pay to
the Performer/Instructor the sum of:
a.)
Dollars ($
) per c1asslhour.
OR
1
C09 J 0-_ Agreement -Recurring Events FOI1ll # 1
FINAL VERSION 7/2912010
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
b.~ Percent ~ %) of the revenues collected from the pre-paid registrations.
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
PerformerlInstructor shall not exceed $10,000.00. However, in the event that the total fees by
the PerfonnerlInstructor 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 1Jr.~&1 -,i.perfOnnancelCI11.ss shan be the sole
and separate liability of the Performer/Instruct r. City assumes no financial responsibihty 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 PerfonnerlInstructor 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 PerformerlInstructor 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 tenninate
for cause, the City shall notify the Performer/Instructor of its violation of the particular
terms of the Agreement and grant PerformerlInstructor ten (10) days to cure such default.
If the default remains 1.U1cured after ten (10) days the City may terminate this Agreement,
and the City shall receive a refund from the Performer/Instructor in an am01.U1t equal to
the actual cost of a third party to cure such failure. If Performer/Instructor fails, refuses or
is 1.U1able to perform any term of this Agreement, City shall pay for services rendered as
of the date of termination.
2
C0910-_ Agreement -RecUlTing Events FOI1ll #1
FINAL VERSION 7/2912010
City of Sunny Isles Beach
18070 Collins Avenue, Swmy Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
(i) In the event of termination, all finished and unfinished docwnents, 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 Perfonner/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. The City may, for its convenience and
without cause terminate the Services then remaining to be performed at any time
by giving PerformerlInstructor 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
C091 0-_ Agreement -Recurring Events FOI1ll # 1
FINAL VERSION 712912010 .
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 P ARTIAL 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
C091 0-_ Agreement -Recurring Events FOI1ll # I
FINA.L VERSION 712911010
:
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 other communications required or permitted to be given under this Agreement by
either party to the other shall 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, (ii)
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 City:
Rick Conner
City Manager
City of Sunny Isles Beach
18070' Collins Avenue
Fourth Floor
Sunny Isles Beach, Florida 33160
Tel: (305) 792-1701
If to the Performer/
Instructor:
Name:
Title:
Address:
I0M~
Tel:
SECTION SIXTEEN
CONFLICTING PROVISIONS
With a copy to:
Hans Ottinot
City Attorney
City of Sunny Isles Beach
18070 Collins Avenue
Fourth Floor
Sunny Isles Beach, Florida
33160
Tel: 305 792-1702
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 anyone of its employees, or agents. PerformerlInstructor hereby agrees
5
C091 0- _ Agreement -Recurring Events FOI1ll # I
FINAL VERSION 7/29120/0
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
Perfonner/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 ofthis 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 PerformerlInstructor
performing services under this Agreement. At the PerfonnerlInstructor's sole cost and expense,
the PerformerlInstructor 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 ("FCICINCIC") background/criminal
records check. The City shall have full discretion to require the PerformerlInstructor 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 background/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.
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,
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.
6
C09! 0- _ Agreement -Recurring Events FOI1ll II!
FINAL VERSION 7129/2010
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate on the day and year first written above.
WITN~S~S: . L
~AJ fLkLPY/-
L?1 C{ /~~v4-
-~. $--
Lbn ,q I c..;m-€_
(pnnc name]
PerformerlInstructor:
BY: ~ /}-Qlr"~ i:i
Name and Title ( J
ATTEST
BY:
By~l\~
Jane Hines, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:~.AA.A b.. ~ 17~
. ans Ottinot, City Attorney
7
C09 J 0._ Agreement -Recurring Events FOI1ll # 1
FINAL VERSION 7/29/20/0
City of Sunny Isles Beach
Cultural & Human Services Department
Pelican Community Park Community Center
Program / Activity Proposal
Program Name: Musical Theatre
Description: Students will work with three disciplines:acting, dancing and singing, using material from famous
Broadway musicals, in two groups by ages (8-11and 12-15), back-to-back two hours, one hour each group.
Last class December 15 is planned as End od Season Showcase 5:30 - 6:30pm.
Proposed Dates: 9/15 -12/8* (*No Class Dec.1)
12/15,5:30-6:30 - Showcase
Proposed Times: (ages 8 - 11) 5:00 - 6:00 pm
(ages 12- 15) 6:00 - 7:00 pm
Target Age: 8 - 15 y.o.
Proposed Days: Wednesdays
Total Prog Hours: 25 hours (12 hours each group + Showcase)
Location: (PCP) School Cafetorium
Min # of Participants: 10
Max # of Participants: 25
Instructor Information
Name: Ana Bolt
Address: 20955 NE 19th Court, North Miami Beach, Florida, 33179
Phone # 786.512.8783
Email: Bolt. Ana ranabolt@dadeschools.netl
Instructor Fees (fill in only one)
Percentage Split: 80/20
Hourly Rate:
Suggested Program Fees
per group/per session (13 weeks)**
Members: $120
Non-Members: $180
**Material Fee $25
Additional fee may be collected as needed for the End of Season Showcase for 12/15.
Approved: Sylvia
Date: 8/26/2010
ICOllected: IVes/No I Date/Check #:
I EE Initials 1-
Instructors' background check fee $43.25
Request for Contract Sent: 8/26/2010
City of Sunny Isles Beach
Cultural & Human Services Department
Pelican Community Park Community Center
Program / Activity Proposal
Program Name: Musical Theatre
Description: Students will work with three disciplines:acting, dancing and singing,
for ages (7-14).Twice a week classes, Wednesdays & Fridays, 5:00-6:00pm.
Last class of session May 25 is planned as End od Session Showcase (5:30 - 6:30pm).
Proposed Dates: April 1 - May 25 (8 weeks, 16 classes) Proposed Days: Wednesdays & Fridays
5/25, 5:30-6:30 - Showcase
Proposed Times: (ages 7 - 14) 5:00 - 6:00 pm Total Prog Hours:16
Target Age: 8 - 15 y.o. Location: (PCP) School Cafetorium
Mln # of Participants: 10 Max # of Participants: 25
Instructor Information
Instructor Initials?l:--~
~
Name: Ana Bolt
Address: 20955 NE 19th Court, North Miami Beach, Florida, 33179
Email: Bolt. Ana fanabolt@dadeschools.netl
Phone # 786.512.8783
Instructor Fees (fill in only one)
Percentage Split: 80/20
Hourly Rate:
Suggested Program Fees
per group/per session (13 weeks)**
Members: $160
Non-Members: $240
**Material Fee $25
Additional fee may be collected as needed for the End of Season Showcase for 12/15.
Approved: Sylvia
Date: 8/26/2010
Instructors' background check fee $43.25
I Collected: IVes/No I Date/Check #:
I EE Initials
Request for Contract Sent: 8/26/2010
TO:
FROM:
DATE:
RE:
\)RAFr
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
Ci!J COl/ll/lissioll
Nonnan S. Edelcup, M'!yor
Lewis J. Thaler, ViL~ Mllyor
Isaae Aelion, COlIJlIJi.fSi~l/er
J eanetle Gatto, Comfl/issiol/er
George "Bud" Scholl, ComllJissiol/er
(305) 947-0606 City lIall
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
Alan J. Cohen, Ci{y Mal/agel'
Hans OUinot, Ci{y Allom,;
Jane A. Hines, Ci(J Clerk
MEMORANDUM
Honorable Mayor and City Commission
. ~'\
Susan Simpson, Cultural and Human Services ~~t~
September 15, 2011
Resolution to Ratify an Agreement with Expressions Arts for Musical Theater
Programs
RECOMMENDATION:
It is recommended that the City Commission approve the attached resolution to ratify an
agreement with Expressions Arts for Musical Theater Instruction in an amount not to exceed
Thirteen Thousand, Seven Hundred, Fifty Nine Dollars and Twenty Two Cents ($13,759.22).
REASONS:
The City offers after school and summer programs to residents utilizing contracted instructors.
This year the Musical Theater programs were more successful than anticipated and the
contracted amount of 80% of registration fees collected by the City exceeded the procurement
limit of$10,000 annually by $3,759.22.
ADDITIONAL INFORMATION:
Registration and material fees collected by the City for this program to date totaled $17,392.00.
Funds for this expense are available in the Pelican Community Park Programs Budget in Account
Number 10.573.5572 and the Summer Camp Budget in Account Number 10.573.5575. Additionally
the corresponding Revenue has been deposited into the Community/Recreation Revenue Account
Number 10.347.904 and the Summer Camp Revenue Account Number 10.347.901.
Course Revenue - Summary Report
FY 10-11
IYOuth Ree Programs
Theatre
$2,170.00
MUS.02 MUSICAL THEATRE (7.14 y.o) * Spring 2011
QZRg;M9~;n
07SC.MUS2 Musical Theatre Wk2 * Summer 2011
$2,320.00
78%
Totals For Theatre
Totals For Youth Rec Programs
Grand Totals
For Category: Youth Ree Programs IFor SubCategory: Theatre
City of Sunny Isles Beach
Page:1 of 1
Page 1 of 1
Jane Hines
From: Susan Simpson
Sent: Wednesday, August 31,2011 2:48 PM
To: Jasmine Barnes; Jane Hines
Subject: FW: Approval for Payment
Attachments: MemoACohenReExpressionsArt 081 011.pdf
FYI
Su~an Silllpson
Cu It llral & II u mall Serviee:, Director
1706
From: Susan Simpson
Sent: Wednesday, August 10, 2011 2:09 PM
To: Alan Cohen
Cc: Marc Tulloch; Minai Shah; Jorge Vera
Subject: Approval for Payment
Alan,
Attached is a memo summarizing a request for approval to pay a vendor this month with ratification from
Commission in September. This is for services that have already been performed. This is a vendor that we use
throughout the year but this final payment will put us over the annual $10/000 limit prior to Commission
approval.
Please let me know if you have any questions or if you would like to discuss this further.
Thank you.
Susan Simpson, Cdtural & I1ltl1l(/Il Serrices Diredor
Ci/y oISunny Isles Beach
Pelican Communitv Park
./
18115 North Bav Hoad
.'
Sunny Isles Beach, FL 33160
305.792.1706 (phone) - 30S. 792.1636 (fiIx)
$$imR$On@si/:)fl.[JG(
WWw.sibfl.nGt
8/31/2011
TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins 1\ venue
Sunny Isles Beach, Florida 33160
Ci!J CO/lunissiol/
Nomlan S. Edclcup, Mqyor
Lewis J. Thalcr, Vi" Mayor
Isaac Ae1ion, CoIJI",iJJi~lUr
Jeanettc Gatto, COlJllJlirsiomr
George "Dud" Scholl, COlJIlJ/i.rsio!Jfr
(305) 947.0606 Cit}, lIall
(305) 949.3113 Fax
(305) 947.2150 Building Department
(305) 947.5107 Fax
Alan J. Cohcn, Ciry M(1!Jayr
Hans Ottinot, Ciry Al/onlfY
Janc A. Hines, Ciry Ckrk
MEMORANDUM
Alan Cohen, City Manager
Susan Simpson, Cultural and Human Services Dir
August 10,2011
Approval for Expenditure to Expressions Arts Exceeding $10,000.00
Expressions Arts is a contracted instll.1ctor for our After School Musical Theater Program and our
Summer Camp Musical Theater Camp. Our agreement with them is an 80/20 revenue split. Based
on the enrollment in our sununcr camp program, their 80% will exceed an annual cumulativc total
of $10,000.00, our limit without City Commission approval. Prior to the Summer Camp program,
Expressions Art had been paid $5,611.62 this fiscal year for thc After School Program.
Enrollment in the Sununer Camp program spiked after the first week of camp. Their portion of
camp fees totaled $8,147.60 of which they wcre paid $5,190.00 leaving a balance owed of $2,957.60
which requires City Commission approval. We cxpect this to be the last payment for this fiscal year.
In order to process this payment in a timely manner, it is requested that you approve the payment
that will exceed the annual amount of $10,000.00 and include it on the September Commission
agenda for ratification. The revenues have already been collected and the funds are available in the
expense budget account number 10.573.5575, summer camp.
For your information, attached is a draft Commission agenda memo if you are agreeable to
proceeding in this manner. Also attached is the Revenue Summary Report for this program.
Please advise if you would like more information.
Thank you.
Attachments: 2
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CITY OF SUNNY ISLES BEACH
AGREEMENT WITH F'X b ,e5'57'O 1-1 ~
CONTRACT NO: 'C0910-
THIS CONTRACTUAL AGREEMENT (herei after referred to as the "Agreement")
is made in duplicate, this ~ day of lA- , 2010, by and between the City of j
Sunny Isles Beach, Florida, (hereinafter refe d to as "City"), and FX~re...sS/Of,\~4.rT.s
(hereinafter referred to as "Performer/Instructor"), whose Federal LD. is # 5a:'9 <':i.8 oo~~
SECTION ONE
PERFORMANCE/CLASSES
PerfonnerlInstructor shall provide professional H ~ i ea /71", lre:.perfOnnanceslclasses,
beginning ~ ~() I IJtm:ough ~ J 011 at the Pelican Community Park, located at 18115
North Bay Roa ,Sunny Isles Bea~
There shall be a minimum number of Je.. Y) (JQ) pre-paid registrants for the classes, or
the City may, at its sole option, cancel the classes. The City shall negotiate the dates and times
with the Performer/Instructor. There shall be no additional performances/classes without the
express written approval of the City.
SECTION TWO
DUTIES OF PERFORMER/INSTRUCTOR
A. Performer/Instructor shall provide a qualified teacher who 1S a certified
Jvt \,\.<;,\'c..c.. \ T'nPerformerlInstructor.
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 terms of this Agreement, the City shall pay to
the Performer/Instructor the sum of:
a.)
Dollars ($
) per classlhour.
OR
C09IO-_ Agreement-Recurring Events FOI1ll #1
FINAL VERSION 7/29/2010
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
b.~ Percent ~ %) of the revenues collected from the pre-paid registrations.
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 PerformerlInstructor 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 pertainiog to the !;i..w,:e,) "7i:perfonnancelClass shall be the sole
and separate liability of the Performer/Instruct r. City assumes no finanCIal responsibIlity of any
kind or nature relative to this Agreement.
SECTION FIVE
CANCELLATION
If the event/class is prevented by govenunental 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, ifPerfonner/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 PerformerlInstructor 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, refuses or
is unable to perform any term of this Agreement, City shall pay for services rendered as
of the date of termination.
2
C091O-_ Agreement -Recurring Events FOI1ll #1
FINAL VERSION 7/2912010
City 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 PerformerlInstructor 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 PerformerlInstructor is determined.
B. Termination for Convenience of City. The City may, for its convenience and
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
c09 t 0-_ Agreement -Recurring Events POI1ll # I
FINAL VERSION 7/2912010
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 P ARTIAL 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
C09] 0-_ Agreement -Recurring Events FOI1ll # 1
FINAL VERSiON 7/2912010
..
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 other communications required or permitted to be given under this Agreement by
either party to the other shall 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, (ii)
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 Performer!
Instructor:
Name:
Title:
Address:
I0M~
With a copy to:
Hans Ottinot
City Attorney
City of Sunny Isles Beach
18070 Collins Avenue
Fourth Floor
Sunny Isles Beach, Florida
33160
Tel: (305 792-1702
If to the City:
Rick Conner
City Manager
City of Sunny Isles Beach
18070' Collins Avenue
Fourth Floor
Sunny Isles Beach, Florida 33160
Tel: (305) 792-1701
Tel:
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 anyone of its employees, or agents. Performer/Instructor hereby agrees
5
c0910- _ Agreement -Recurring Events Form # I
FINAL VERSION 712912010
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
SECIDUTYBACKGROUNDCHECK
A security background check will be required for any employee of the PerformerlInstructor
performing services under this Agreement. At the PerformerlInstructor'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 CenterINational Crime Information Center ("FCICINCIC") 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 background/criminal records check prior to performing services under this
Agreement. The PerformerlInstructor shall ensure that only their properly designated employees
listed with the City Manager or his designee be permitted to provide services under this
Agreement.
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 PerformerlInstructor agree that any photographs, pictures,
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.
6
c091 0-_ Agreement -Recurring Events FOI1ll # 1
FINAL VERSION 7/2912010
"
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate on the day and year first written above.
WITNE. .SSES:. f
""'--- /
~,o _-C..:v;.yr-
:Ti,I?1 ~ /~r/~ V{j-
1~."-/9 - ff-
Performer/Instructor:
BY: ~51;::/7 --Sf,rc~ ~
Name and Title (
"D:>n ;:t I c..'iVY\..(? ,
[pnnt nome]
ATTEST
BY:
..By~J\~
Jane Hines, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:~/l/\.A /A ~ l71~
. ans Ottinot, City Attorney
7
C0910- _ Agreement -Recurring Events FOI1ll # 1
FINAL VERSION 7/29/2010
City of Sunny Isles Beach
Cultural & Human Services Department
Pelican Community Park Community Center
Program / Activity Proposal
Program Name: Musical Theatre
Description: Students will work with three disciplines:acting, dancing and singing, using material from famous
Broadway musicals, in two groups by ages (8-11 and 12-15), back-to-back two hours, one hour each group.
Last class December 15 is planned as End od Season Showcase 5:30 - 6:30pm.
Proposed Dates: 9/15 - 1218* (*No Class Dec.1)
12115,5:30-6:30 - Showcase
Proposed Times: (ages 8 - 11) 5:00 - 6:00 pm
(ages 12- 15) 6:00 - 7:00 pm
Target Age: 8 - 15 y.o.
Proposed Days: Wednesdays
Total Prog Hours: 25 hours (12 hours each group + Showcase)
Location: (PCP) School Cafetorium
Min # of Participants: 10
Max # of Participants: 25
Instructor Information
Name: Ana Bolt
Address: 20955 NE 19th Court, North Miami Beach, Florida, 33179
Phone # 786.512.8783
Email: Bolt. Ana ranabolt@dadeschools.netl
Instructor Fees (fill in only one)
Percentage Split: 80/20
Hourly Rate:
Suggested Program Fees
per group/per session (13 weeks)**
Members: $120
Non-Members: $180
**Material Fee $25
Additional fee may be collected as needed for the End of Season Showcase for 12/15.
Approved: Sylvia
Date: 8/26/2010
Instructors' background check fee $43.25
Date/Check #:
EE Initials
Request for Contract Sent: 8/26/2010
City of Sunny Isles Beach
Cultural & Human Services Department
Pelican Community Park Community Center
Program / Activity Proposal
Program Name: Musical Theatre
Description: Students will work with three disciplines:acting, dancing and singing,
for ages (7-14).Twice a week classes, Wednesdays & Fridays, 5:00-6:00pm.
Last class of session May 25 is planned as End od Session Showcase (5:30 - 6:30pm).
Proposed Dates: April 1 - May 25 (8 weeks, 16 classes) Proposed Days: Wednesdays & Fridays
5/25, 5:30-6:30 . Showcase
Proposed Times: (ages 7 - 14) 5:00 - 6:00 pm Total Prog Hours:16
Target Age: 8 - 15 y.o. Location: (PCP) School Cafetorium
Min # of Participants: 10 Max # of Participants: 25
Instructor Information
Instructor Initials~~
~
Name: Ana Bolt
Address: 20955 NE 19th Court, North Miami Beach, Florida, 33179
Phone # 786.512.8783
Email: Boll. Ana ranabolt@dadeschools.netl
Instructor Fees (fill in only one)
Percentage Split: 80/20
Hourly Rate:
Suggested Program Fees
per group/per session (13 weeks)**
Members: $160
Non-Members: $240
**Material Fee $25
Additional fee may be collected as needed for the End of Season Showcase for 12/15.
Approved: Sylvia
Date: 8/26/2010
Instructors' background check fee $43.25
Date/Check #:
EE Initials
Request for Contract Sent: 8/26/2010
Preview
Page 1 of 1
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEJ~10RANDUM
TO:
The Honorable Mayor and City Commission
FROM:
Susan Simpson, Cultural and Human Services Director
DATE:
9/15/20 II
RE:
Ratification of Payment for Program Instruction Provided by Expressions
Arts
RECOMMENDA TION:
It is recommended that the City Commission approve the attached resolution to ratify
the payments made to Expressions Arts in a total amount not to exceed Thirteen
Thousand, Seven Hundred, Fifty Nine Dollars and Twenty Two Cents ($13,759.22) for
fiscal year 2010-2011 .
REASONS:
Through Pelican Community Park the City offers a variety of classes and programs
through contracted services. Expressions Arts provides the instruction for the Musical
Theater program, one of the more popular classes and this year generated more
revenue than originally anticipated due to the high enrollment in the summer camp
sessions.
Payments to Expressions Arts for the Musical Theater programs for both after school
and summer camp total $13,759.22 based on a percentage of revenues for fiscal year
2010-2011 per contract.
ADDITIONAL INFORMATION:
Revenues were collected that offset this expense.
FUNDING SOURCE:
Funds are budgeted for and available for this expense in the Community Center
Programs Account Number 10.573.5572.
ATTACHMENTS:
. Resolution
http://sibagenda. sibfl.net/agendalPreview .aspx?I temID=5 78&MeetingID=O&MeetingDate=... 917/2011