HomeMy WebLinkAboutR-01-1248J-01-996
11/15/01
RESOLUTION NO. `.' .� _1. 2 A
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AMENDMENT TO AN
EXISTING AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH RALSTON PURINA COMPANY TO
EXTEND THE TERM OF THE AGREEMENT FROM
OCTOBER 1, 2001 TO SEPTEMBER 30, 2002, AND TO
ACCEPT AN ADDITIONAL DONATION, WITH AN
ESTIMATED VALUE NOT TO EXCEED $8,500, FOR THE
DEPARTMENT OF PARKS AND RECREATION FOR
CERTAIN CAPITAL IMPROVEMENTS, AT NO COST TO
THE CITY OF MIAMI, AT THE SECTIONS OF BLANCHE
AND DAVID T. KENNEDY PARKS WHICH ARE
DESIGNATED AS DOG PARKS.
WHEREAS, the City of Miami Department of Parks and
Recreation maintains Blanche and David T. Kennedy Parks, of which
certain sections of said parks have been designated as dog parks;
and
WHEREAS, pursuant to Resolution No. 01-04, adopted
January 11, 2001, the City Commission accepted a donation from
the Ralston Purina Company (the "Donor") of approximately $30,000
for certain capital improvements, at no cost to the City of
Miami, in exchange for the City's authorization for the Donor to
advertise products and services, sponsor events, forums and
educational meetings designed to enhance pet ownership
Itm COYMSSFON
MEETING OF
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satisfaction, health and well-being at the sections of Blanche
and David T. Kennedy Parks designated as clog parks; and
WHEREAS, the City and the Donor entered into an agreement in
for the term of January, 2001 to September 30, 2001; and
WHEREAS, the Donor wishes to make an additional donation of
an estimated value not to exceed $8,500 for additional capital
projects and to extend the term of the agreement to September 30,
2002; and
WHEREAS, the City wishes to accept the Donor's donation and
to extend the agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA;
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 existing Agreement, in substantially the
attached form, with Ralston Purina Company to extend the term of
the Agreement from October 1, 2001 to September 30, 2002 and to
accept an additional donation, with an estimated value not to
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.
Page 2 of 3
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exceed $8,500, for the Department of parks and Recreation for
certain capital improvements, at no cost to the City of Miami, at
the sections of Blanche and David T. Kennedy Parks which are
designated as dog parks.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor Y
PASSED AND ADOPTED this 15th day of November F 2001.
JOE CAROLLO, MAYOR
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ATTEST:
WALTER J. FOEMAN
CITY CLERK
AND CORRECTNESS
TORNEY
F08Wh-, rW Clerk
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 3
AMENDMENT AND EXTENSION
THIS AMENDMENT, entered into , 2001, but effective as of August 1,
2001, shall serve to extend and amend the Agreement ("Agreement") between Ralston Purina
Company, Checkerboard Square, St. Louis, Missouri 63164 ("Donor") and the City of Miami, a
municipal corporation of the State of Florida ("City"), which was executed by the parties January
, 2001.
RECITALS
WHEREAS, the parties entered into the Agreement for Donor to donate capital
improvements for sections of the City's Blanche and Kennedy Parks which have been designated
as dog parks (the Parks); and
WHEREAS, the Agreement provided that it would terminate September 30, 2001, unless
Donor sent notice by August 1, 2001, of its intension to extend the Agreement until September
30, 2002; and
WHEREAS, both parties hereby agree to extend the Agreement and agree to amend it to
included additional goods, services and capital 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 are true and correct and are hereby incorporated into and
made a part of this Amendment.
2. TERM: The parties hereby agree to waive compliance with Section 3 "Option to
Extend" provision of the Agreement. The parties hereby agree to extend the term of the
Agreement, commencing on October 1, 2001, and, unless terminated in accordance with the
provisions of the Agreement, 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(1) is deleted.
B) In addition, during the extended term of the Agreement, Donor agrees to donate
the following for additional improvements ("Additional Improvements") to the Parks:
A) four picnic tables
B) six garbage cans
C) a years supply of dog refuse bags
D) another dog refuse station.
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
the legal counsel for each party.
4. COMPENSATION: Donor agrees to donate Additional Improvements to the Parks that
have a value of $8,500. The Additional Improvements shall become property of the City
immediately upon their construction and installation in the Parks. In the event that the actual
cost of the Additional Improvements listed above 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 $8,200. Donor agrees to sponsor the Events
(as defined in the Agreement) during the extended term of the Agreement at no expense to the
City or the Parks users.
5. GOVERNING CONDITIONS: All remaining terms of the Agreement, not specifically
amended herein, shall remain in full force and effect through the extended term.
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IN WITNESS WHEREOF, the parties hereto have caused this Addendum to be
executed by their duly authorized respective officials, the day and year first above written.
ATTEST:
Name:
Title:
ATTEST:
Walter Foeman
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
Alejandro Vilarello
City Attorney
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"Donor"
Ralston Purina Company,
a Missouri corporation
Julie Washington, Director
Customer Development Group
Ralston Legal Approval
44 City"
CITY OF MIAMI,
a municipal corporation
Carlos A. Gimenez
City Manager
APPROVED AS TO INSURANCE
REQUIREMENTS:
Mario Soldevilla
Risk Management Administrator