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HomeMy Public PortalAbout1999-51 Authorizing a contract with the Key Biscayne Music and Drama Club for co-sponsorship of a theatrical productionRESOLUTION NO. 99-51 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE TO ENTER INTO A CONTRACT WITH THE KEY BISCAYNE MUSIC AND DRAMA CLUB FOR CO-SPONSORSHIP OF A THEATRICAL PRODUCTION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of Directors of the Key Biscayne Music and Drama Club (the "Club") has requested that the Village enter into a contract with the Club by which the Village and Club would co-sponsor the theatrical production of "Your A Good Man, Charlie Brown;" and WHEREAS, the Village Council finds that facilitating the accomplishment of such theatrical production serves a beneficial public purpose for the Village by providing cultural and entertainment opportunities for Village residents and tourists. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That the above recitals are hereby adopted and confirmed. Section 2. That the Village Manager is hereby authorized to negotiate and enter into a contract with the Club in the amount of $2,000, on behalf of the Village, for the purposes of accomplishing the above described theatrical production, subject to review and approval of the legal sufficiency of such contract by the Village Attorney. Section 3. That the above referenced contract shall be structured in a manner which requires the performance of services by the Club and shall not constitute a grant or charitable contribution which is restricted pursuant to Section 7.05 of the Village Charter. Section 4. Effective Date. That this Resolution shall be effective upon adoption. PASSED AND ADOPTED this 11th day of May , 1999. h c 6 CO CHITA H. ALVAREZ, CMC VILLAGE CLERK JOE I. RASCO, MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ri RICHARD JAY WEISS, VILLAGE ATTORNEY 103001\resolutions\authorizing contract with key biscayne music and drama club 2 VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 1S1 day of , 19 99 , by and between the Village of Key Biscayne (the "VILLAGE") and Key Biscayne Music and Drama Club (the "CONTRACTOR"). RECITALS: The VILLAGE wants to engage the CONTRACTOR to perform certain professional services as specifically described in Exhibit A to this Agreement ("Specified Services"). The CONTRACTOR wants to provide such Specified Services. The CONTRACTOR wants to provide such Specified Services in connection with the Key Biscayne Music and Drama Club musical, "You're a Good Man, Charlie Brown". In consideration of the mutual covenants set forth in this Agreement, the parties agree as follows: 1. SCOPE OF SERVICES The CONTRACTOR agrees to provide Specified Services upon written request from the Village Manager as provided for in this Agreement. The Key Biscayne Music and Drama Club provides for the involvement of children in many productions, giving opportunities to learn and practice the art of acting , singing, dancing, costuming, set design and construction, lighting and more, and working with other children and adults as a team. Within 45 days after the musical, the CONTRACTOR shall provide a report on the involvement of the children as stated in the aforementioned sentence. 2. FEES FOR SERVICES The CONTRACTOR agrees to charge the VILLAGE for Specified Services not to exceed $2,000 . The CONTRACTOR will issue an invoice or provide the Village with a reimbursement request for the work which has been completed. Said invoices is payable by the VILLAGE within 30 days. The VILLAGE shall pay to the CONTRACTOR for the faithful performance of this agreement, in lawful money of the United States of America. The Key Biscayne Music and Drama Club shall provide the Village with a report after the musical production of "You're a Good Man, Charlie Brown". 3. TERM The term of this Agreement is 1 year(s) unless earlier terminated pursuant to paragraph seven. 4. INSURANCE The CONTRACTOR shall at all times carry liability insurance in the minimum amount of 33DQJ Goa G7$3000,09 The Village shall be named as an additional insured on all the liability insurance policies. Each insurance policy shall state that it is not cancelable without written notice to the VILLAGE 30 days prior to the effective date of said cancellation. 5. ASSIGNMENT This Agreement shall not be assignable by the CONTRACTOR. 6. PROHIBITION AGAINST CONTINGENT FEES The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person (s), company, corporation, individual or firm, other than a bona fide employee working solely for the CONTRACTOR any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. 7 TERMINATION This Agreement may be terminated by the VILLAGE upon ten days' written notice with or without cause and by the CONTRACTOR upon 45 days' written notice with or without cause. If this Agreement is terminated, the CONTRACTOR shall be paid in accordance with the provisions of Exhibit A for all acceptable work performed up to the date of termination. 8. NONEXCLUSIVE AGREEMENT The services to be provided by the CONTRACTOR pursuant to this Agreement shall be nonexclusive and nothing herein shall preclude the VILLAGE from engaging other firms to perform the same or similar services for the benefit of the VILLAGE within the VILLAGE'S sole and absolute discretion. 9. ENTIRE AGREEMENT The parties hereby agree that this is the entire agreement between the parties. This Agreement cannot be amended or modified without the express written consent of the parties. 10. WARRANTIES OF CONTRACTOR The CONTRACTOR hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal, State and local laws necessary to perform the Specified Services. 11. ATTORNEYS FEES In connection with any litigation arising out of this Agreement, the VILLAGE shall be entitled to recover reasonable attorneys fees and costs. 12. NOTICES All notices and communications to the VILLAGE shall be in writing and shall be deemed to have been properly given if transmitted by registered or certified mail or hand delivery. All notices and communications shall be effective upon receipt. Notices shall be addressed as follows: Village: With a copy to: CONTRACTOR: 13. GOVERNING LAW C. Samuel Kissinger Village Manager Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 Richard J. Weiss, Esq. Village Attorney Weiss, Serota & Helfman, P.A. 2665 South Bayshore Drive Suite 420 Miami, Florida 33133 Carol -Ann Rudy, President Key Biscayne Music & Drama Club P.O. Box 178 Key Biscayne, FL 33149 This Agreement shall be construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written. CONTRACTOR: Carol -Ann Rudy Key Biscayne Music & Drama Club P.O. Box 178 Key Biscayne, F133149 By: Attest: A By: Attest: VILLAGE: . Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 0 amue i singer, ilt CSC 0(1A 1 age • anager Authorized by the Village Council Resolution 99-51 adopted May 11, 1999. '`Vicitittf 0004 PROPOSAL TO THE VILLAGE OF KEY BISCAYNE, OFFICE OF THE VILLAGE MANAGER BY THE KEY BISCAYNE MUSIC & DRAMA CLUB MAY 4, 1999 The Key Biscayne Music & Drama Club proposes a joint venture in which: I. the Drama Club will produce the musical, "You're a Good Man, Charlie Brown" to be presented locally at the Key Biscayne Elementary School on Friday and Saturday nights June 4th and 5th, 11th and 12th, and 18th and 19t. 1 II. that the Village of Key Biscayne will contract with the Key Biscayne Music & Drama Club in which the Village will provide $4,000 for the KBM&DC to meet the proposed budget. that the.KBM&DC will provide to the Village a certificate of insurance with the Village named as additionally insured if deemed necessary. IV. KBM&DC will include the title and logo of the Village of Key Biscayne in all advertising and promotion. • V. • The KBM&DC are in rehearsal and there will also be: - a. two technical rehearsals b. the dress rehearsal c. six performances as noted above 'VI. that the officers, directors, and members of the Key Biscayne Music & Drama Club will at all times represent the relationship of the Drama Club to the Village of Key Biscayne fairly, and work to maintain and promote good -will between these two organizations and the community. To this proposal, the undyrsigned attests: • Carol -Ann Rud President d / date Attachments: Agreement with Dade County Public Schools Production Budget Certificate of Insurance - Miami -Dade County Public Schools s' /915" 00P ;, ", 4 PROPOSAL TO THE VILLAGE OF KEY BISCAYNE, OFFICE OF THE VILLAGE MANAGER BY THE KEY BISCAYNE MUSIC 8c DRAMA CLUB MAY 4, 1999 PRODUCTION BUDGET 2 ROYALTIES & SCRIPTS: $1,400 RENTAL OF CHAIRS: 410 INSURANCE: 875 PROJECTED: RENTAL OF KB ELEMENTARY SCHOOL FACILITY: 1,454 SET CONSTRUCTION & DECORATION: 3,800 PROPS: 460 PRINTING: 1,200 COSTUMES: 300 LIGHTING & SOUND: 1,500 PIANIST: • 600 TOTAL: $11,999 REVENUES: ADVERTISING 8c DONATIONS: $1,850 CORPORATE SPONSORSHIP (committed): 2,000 PROJECTED: TICKET SALES ($12.50 per ticket x estimated 350 patronsl 4.375 TOTAL: $8,225