HomeMy WebLinkAboutR-02-0711J-02-588
6/13/02
02- 711
RESOLUTION NO.
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AMENDMENT TO AN
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH NESTLE PURINA PETCARE COMPANY
("DONOR"), FORMERLY RALSTON PURINA COMPANY,
TO PROVIDE THAT DONOR SHALL: (1) DONATE
$8,200 FOR THE CITY'S PURCHASE AND
INSTALLATION OF ADDITIONAL IMPROVEMENTS AT
BLANCHE AND KENNEDY DOG PARKS; (2) BE
INDEMNIFIED FROM RESPONSIBILITY OR LIABILITY
FOR ANY LOSS, CLAIM OR INJURY FROM THE CITY'S
OPERATION OF SAID PARKS; AND (3) BE PERMITTED
TO BE IDENTIFIED AS A SPONSOR BY PLACING
SIGNAGE ON THE PARKS' KIOSKS.
WHEREAS, the City of Miami Department of Parks and
Recreation maintains Blanche Park and David T. Kennedy Park
("Parks"), that have certain sections designated as dog parks;
and
WHEREAS, pursuant to Resolution No. 01-045, adopted
January 11, 2001, the City Commission accepted a donation of
approximately $30,000 from Nestle Purina Petcare Company,
formerly Ralston Purina Company (the "Donor"), for certain
capital improvements, at no cost to the City of Miami, in
exchange for the City's authorization for the Donor to advertise
ATTACHMENT
CONTAINED
JUN 1 3 2002
products and services, sponsor events, forums and educational
meetings to enhance pet ownership satisfaction, health and
well-being at the sections of Parks designated as dog parks; and
WHEREAS, the Donor sought to provide $8,200 for the purchase
and installation of additional capital improvements; and
WHEREAS, pursuant to Resolution No. 01-1248, adopted
November 15, 2001, the City Commission authorized an extension of
the agreement until September 30, 2002, and accepted a donation
of $8,200; and
WHEREAS, the agreement has been changed substantially,
including amended indemnification provisions, change in the form
of the donation from a donation to the capital improvements to
donation of funds toward the improvements, change to use of
funds, the terms regarding signage and the ownership at Ralston
Purina; and
WHEREAS, as a result of these changes, the terms of the
agreement requires additional City Commission approval;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA;
Page 2 of 4 02— ri l l
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized" to execute
an amendment to an agreement, in substantially the attached form,
with Nestle Purina Petcare Company ("Donor"), formerly Ralston
Purina Company, to provide that the Donor (1) shall donate $8,200
for the City's purchase and installation of additional
improvements at Blanche and Kennedy Dog Parks; (2) be indemnified
from responsibility or liability for any loss, claim or injury
from the City's operation of said parks; and (3) be permitted to
be identified as a sponsor by placing signage on the Parks'
kiosks.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.21
1� The herein authorization is further subject to compliance with
all requirements that may be imposed by the City Attorney,
including but not limited to those prescribed by applicable City
Charter and Code provisions.
zi If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by
the City Commission.
Page 3 of 4 02_ 711
PASSED AND ADOPTED this
13th day of June , 2002.
q
MA ELA. DIAZ,OR
ATTEST:
(,. ?.A . A , A
PRISCILLA A. THOMPSON
CITY CLERK _
APPROVED
V
N O VILARELLO
C TY TTORNEY
299:tr:LB:BSS
ID CORRECTNESS:
Page 4 of 4 02— 711
AMENDMENT AND EXTENSION
THIS AMENDMENT, entered into 2002, but effective as of August 1,
2001, shall serve to extend and amend the Agrenient ("Agreement") dated January 25, 2001.
between Nestle Purina PetCare Company, formerly Ralston Purina Company, Checkerboard
Square, St. Louis, Missouri 63164 ("Donor') and the City of Miami, a municipal corporation of
the State of Florida ("City').
RECITALS
WHEREAS, the parties entered into the Agreement for Donor, through its authorized
Agent, Clear Results Marketing, Inc. to provide donations toward certain capital improvements
for sections of the City's Blanche and Kennedy Parks which have been designated as dog parks
("Parks"), and
WHEREAS, in exchange for Donors donation, Donor, or its agent, will be permitted to
advertise Donor's products and services, sponsor events, forum and educational meetings
("Events") designed to enhance pet ownership satisfaction, health and well being and the use of
Donor's products at the Parks,
WHEREAS, both parties agree to extend the agreement and agree to amend the
agreement to included additional goods, services and capital improvements (" Additional
Improvements") to the Parks.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, Donor and the City agree as follows:
TERMS:
1. RECITALS: The recitals herein are true and correct and are hereby incorporated into
and made a part of this Agreement.
2. TERM: The parties agree to waive Section 3 "Option to Extend" provision of the
Agreement. The parties agree to an extended term of the Agreement, commencing on
October 1, 2001, and, unless terminated in accordance with the provisions of the
Agreement, shall continuing until September 30, 2002.
3. SCOPE OF SERVICES:
A) The Agreement's Attachment A, Section I "Improvements to the Parks", is
amended as follows:
1) Subsection A(4) shall read-
... (4) brick path; and...
2) Subsection B(l ) is deleted.
B) In addition, during the extended term of the Agreement, Donor agrees to provide
donations, outlined in Section 4 below, for the following Additional Improvements to the Parks:
U2-- "ell
A) four picnic tables
B) six garbage cans
C) a years supply of doo refuse bags
Donor and the City's Director of Parks and Recreation may agree, in writing, to amend the list of
Additional Improvements contained herein. Copies of such amendments shall be forwarded to:
Alejandro Vilarello, City Attorney, City of Miami, 444 S.W.2"`' Avenue, Suite 945, Miami,
Florida 33130 and Valerie Holt, Nestle Purina PetCare Company, Checkerboard Square, St.
Louis, Missouri 63102.
4. COMPENSATION: Donor, through its Agent, agrees to donate $8200 for the purchase
and installation of the Additional Improvements to the Parks during the extended term. The
Additional Improvements shall become property of the City immediately upon their construction
and installation in the Parks. In the event that, the .Additional Improvements cost less than
$8,200, then Donor, or its agent, will negotiate with the City's Director of the Parks and
Recreation to determine alternative donations to the City that will have a total value of $R,?00.
Donor agrees to sponsor the Events (as defined in the Agreement) during the extended term of
this Agreement at no expense to the City or the Parks users.
5. INDEMNIFICATION: The A;_reement's Section 10, "Indemnification" is amended by
inserting the following as Subsection D:
Donor shall bear no responsibility or liability whatsoever for any loss, claim,
liability, injury or action, arising out of the City's operation or the public use of
the Parks, including, but not limited to, persons and/or animals visiting or
utilizing the Parks. Furthermore, the City shall solely be liable for maintaining
the Parks.
6. INSTALLATION OF DONOR'S DISPLAY KIOSKS IN THE PARKS: The
Agreement's Attachment A, Section II, is amended by inserting the following paragraph at the
end of the section:
During the term of the Agreement, the City agrees to allow Donor to be identified
and provide signage as a sponsor of the Parks' kiosks (i.e. "Sponsored by Purina®
Dog Chow® brand food). Upon the termination of the Agreement, Donor's agent
shall remove all of Donor's identification and signage for the Parks' kiosks and
the City shall retain sole ownership of the kiosks.
7• GOVERNING CONDITIONS: All remaining terms of the Agreement, not specifically
changed herein, shall remain in full force and effect through the extended term.
IN WITNESS WHEREOF, the parties hereto have caused the Amendment and
Extension to be executed by their respective officials thereunto duly authorized, this the day and
year above written.
"Donor"
a
.ATTEST:
Name: on Cinv/lin
Title:
ATTEST:
Priscilla A. Thompson
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
Alejandro Vilarello
City Attorney
Nestle Purina PetCare Company,
a Missouri corporation
Sonja --Houston `
Marketing Manager
Ralston Legal Approval
"City"
CITY OF MIAMI,
a municipal corporation
Carlos A. Gimenez
City Manager
APPROVED AS TO INSURANCE
REQUIREMENTS.-
Sue
EQUIREMENTS:
Sue Weller
Acting Risk Management Administrator