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Home My WebLink AboutReso 2011-1766 RESOLUTION NO. 2011- 171-le. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RAFTIFYING PAYMENTS FOR PROGRAM INSTRUCTION PROVIDED BY DBP ROBOTICS FOR CAMP PROGRAM SERVICES, IN AN AMOUNT NOT TO EXCEED SEVENTEEN THOUSAND EIGHTEEN DOLLARS AND EIGHTY CENTS ($17,018.80), ATTACHED 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, DBP Robotics provides the instruction for the Lego Robotics Program for 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 DBP Robotics for the Lego Robotics Program total Seventeen Thousand Eighteen Dollars and Eighty Cents ($17,018.80) 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 DBP Robotics, in an amount not to exceed Seventeen Thousand Eighteen Dollars and Eighty Cents ($17,018.80), 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- Ratiry Payment To DBP Robotics Page I of2 ATTEST: '2~I\~ Jane A. Hines, CMC, City Clerk V ofe: 5-0 Mayor Norman S. Ede1cup Vice Mayor Lewis Thaler Commissioner Isaac Aelion Commissioner Jeanette Gatto Commissioner George "Bud" Scholl R2011- RatifY Payment To DBP Robotics Page 2 01'2 Moved by: C~~ ~U~D Seconded by: 'flu M.~t'Jr ~f\.L~~ v (Yes) V (Yes) i/(y es) V(Y es) ~Yes) _(No) _(No) (No) _(No) (No) , , / , - , c CITY OF SUNNY ISLES BE4-CH AGREEMENTWITH '])B P f!.-o-8 O/7'u ~p CONTRACT NO: CIOll- THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this ~ day of /va v.e 1M ~, 2019 by and between the City of Sunny Isles Beach, Florida, (hereinafter referred to as "City"), and 1> B P f-oloj-,'C? lo1(r (hereinafter referred to as "PerformerlInstructor"), whose Federall.D. is # :2.. G. .3 72 ' z-.? '>9 SECTION ONE PERFO~CE/CLASSES PerformerlInstrnctor shall provide professional U!e-O f:! S -hf M () 'h~t!1fonnances/classes, beginning :ref 1.1 I, "2..'01/ through jq It /. wfl.at the elican Community Park, located at 18115 North Bay Road, Sunny Isles Beach, Flonda. There shall be a minimum number of 5 eve vr CD 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. PerformerlInstructor shall provide a qualified teacher who is U 9 0 Performer/Instrnctor. / a certified B. PerformerlInstructor shall ensure that the performances/classes commence and conclude in a timely manner, as scheduled. c. PerformerlInstrnctor 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 b.) ~percent c.....!l..2... %) of the revenues collected from the pre-paid registrations. 1 CJOll-_ Agreement -Recurring Events FOI1ll#l FINAL VERSION 10/01/2010 S' [ {'j; ," City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 3 3160 (305) 947-0606 phone (305) 949-3113 Fax To be paid within thirty (30) days of the City's receipt of PerformerlInstructor'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 te yo ~~~rformance/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 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, if Performer/Instructor is unable to perform as required by this Agreement due to acts of God or severe illness, PerformerlInstructor 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 PerformerlInstructor 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 Perfonner/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 ClOll-_ Agreement -Recurring Events FOI1ll #1 FINAL VERSION IO/01l2QlO ) U ./ ,Z.'f 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 unfmished documents, data and other work product prepared by Perfonner/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 PerformerlInstructor 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 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 clOll-_ Agreement-Recurring Events Form #1 FINAL VERSION JO/OJ;,,!~107 .;., "..; , .:.) ..1 ...:.j 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 CI011-_ Agreement -Recurring Events Fonn # I FINAL VERSION 10/0112010;-,. .. , /) ;\,) j JJ .~ . City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax SECTION FIFfEEN 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 Name: 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 M/a..& If to the Performer/ Instructor: 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. 5 C tOt t -_Agreement -Recurring Events FOI1ll # 1 FINAL VERSION 10/01/2010..\\ :, ',.~.i ! .') I J '.' ....} " City oj Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Plorida 33160 (305) 947-0606 phone (305) 949-3113 Fax 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 Perfonner/Instructor or anyone of its employees, or agents. PerformerlInstructor hereby agrees 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 PerformerlInstructor performing services under this Agreement. At the Performer/Instructor'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 ("PDLE") 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 PerformerlInstructor 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 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 c10ll-_ Agreement -Recurring Events FOI1ll #1 FINAL VERSION /0/0/120/0 ~~. 'I f:,~.1 .' -'J .....>i I I I I I I .' . " 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 e ecuted this Agreement in duplicate on the day and year first written above. WITNESSES: T'ULuL ~- Tv/V'?f- ~lU)v.4 '__J~ ~' f;~A-::t ~W2-. [pnnl namo) ATTEST '~'~~ ~ B . ," . , ' . '. ' , Jane Hines, CMC, City Clerk ". , ,", , ' ,".\ f, -', "..' :; .; ". . , , . ." I / ,-- BY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: ~.ot A~ .p1Jr'- "1Ians Ottinot, City Atto CIOll-_ Agreement-Recurring Events FOI1ll #1 7 FINAL VERSION IO/OI/20JO-:'~ r;. .,' \~ ,": ..<J " . ....' i - City of Sunny Isles Beach Cultural & Human Services Department Pelican Community Park Community Center Program / Activity Proposal Program Name: (I.) Lego, (II.) Stop Motion Animation Description: Two separate programs using!. Legos and II. Legos and Camera Proposed Dates: Lego: January 4 - February 24 Stop Motion: Januarv 3 - March 7 Proposed Times: 5:00 - 7:00pm Proposed Days: Lego: Tuesdays Stop Motion: Mondays Total Program Hours: 16 per group Target Age: 6 - 12 Location: Pelican Community Park Min # of Participants: 7 Max # of Participants: 25 Instructor/Consultant Information Name: Anuar Abdala Address: 2820 NW 201 Terr., # F110, Aventura, FL 33180 Email: anuar abdala rabdalaanuar@amail.coml Phone # 786.262.6266 Instructor Fees (fill in only one) Percentage Split: 80/20 Hourly Rate: Suggested Program Fees Members: $100 Non-Members: $150 Approved: Sylvia Date: 11/15/2010 Contract Sent to Legal: 11/15/2010 Background check processed July 2010. Fees waived. Instructor's fingerprints fee: Check #: Date EE Initials IK 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 MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Susan Simpson, Cultural and Human Services Director DATE: 9/15/2011 RE: Ratification of Payments made to DBP Robotics for Program Instruction for Camp Program Services RECOMMENDATION: It is recommended that the City Commission approve the attached resolution to ratify the payments made to DBP Robotics in a total amount not to exceed Seventeen Thousand, Eighteen Dollars and Eighty Cents ($17,018.80) for fiscal year 2010-2011 . REASONS: Through Pelican Community Park the City offers a variety of classes and programs through contracted services. DBP Robotics is 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 DBP Robotics which provides the instruction and materials for the Lego Robotics after school and summer programs total $17,018.80 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. A TT ACHMENTS: . Resolution http://sibagenda.sibfl.net/agendaJPreview.aspx?1 temID=5 72&MeetingID=O&MeetingDate=... 9/7 /2011