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
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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
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Authorized by the Village Council Resolution 99-51 adopted May 11, 1999.
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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
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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