HomeMy WebLinkAboutR-00-0925J-00-13
3/31/00
RESOLUTION NO. 00— 2
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO" EXECUTE AN AGREEMENT WITH MIAMI
RIVER FUND, INC., THE FINANCIAL AGENCY FOR
THE MIAMI RIVER COMMISSION, TO CONTINUE
PROVIDING EDUCATIONAL PROGRAMS RELATING TO
THE MIAMI RIVER FOR A TWO (2) YEAR TERM
ENDING ON SEPTEMBER 30, 2001, IN
SUBSTANTIALLY THE ATTACHED FORM; ALLOCATING
FUNDS THEREFORE, IN AN ANNUAL AMOUNT NOT TO
EXCEED $25,000 FROM THE "ENVIRONMENTAL STORM
SEWER TRUST" SPECIAL REVENUE FUND ACCOUNT NO.
310504-930, PROJECT 120001.
WHEREAS, the Public Works Department of the City of Miami
requires specific professional .services related to the National
Pollutant Discharge Elimination System ("NPDES") permit in the
area of education, awareness and the identification and
implementation of solutions to problems and issues related to
the Miami River; and
WHEREAS, the City of Miami has pledged an annual fair share
support for the Miami River Commission ("MRC") pursuant to
Section 18-298(6) of the City Code; and
WHEREAS, an Agreement between the City of Miami and Miami
River Fund, Inc., the financial agency for the MRC, for a. two
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CITY COMMISSION
MEETING OF
OF 2 6 2000
e�giution tv-0
(2) years term commencing upon execution of the agreement and
ending September 30, 2001 to provide for the continuation of the
operation and educational programs of the MRC; and
WHEREAS, funds are available from the "Environmental Storm
Sewer Trust" Special Revenue Fund, Account No. 310504-930,
Project No.120001, for a two (2) year term ending on
September 30, 2001, in an amount not to exceed $25,000 annually;
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 hereby adopted' by reference
thereto and incorporated herein as if fully' set forth in this
Section.
Section 2. The City Manager is hereby authorized
to execute an agreement with the Miami River Fund, Inc., the
financial agency for the Miami River Commission ("MRC"), to
continue providing educational programs related to the Miami
River for a two (2) year term ending on September 30, 2001, in
substantially the attached form, with funds therefore hereby
allocated, in an annual amount not to exceed $25,000 from the
"Environmental Storm Sewer Trust" Special Revenue Fund, Account
No. 310504-930, Project 120001.
Page 2 of 3 00--
Section 3. This Resolution shall become effective
ts adoption and signature of the Mayor.'/
immediately upon i
PASSED AND ADOPTED this 26th¢1day of October 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor di not indicate �19pravd of
this 'sgislation by signing it in the designated place 7SCA
ed, said legislat .>r, a
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becomes effective with the elapse of ten (10) days from ate of MI
regarding same, without the Mayor exercising a y�io./�►� _
ATTEST:
J.
WALTER J. FOEMAN
CITY CLERK
T�&NEY L&
?� if the Mayor does not sign this Resolution, it shall become effective
at the end of the 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 1125
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AGREEMENT BETWEEN THE CITY OF MIAMI AND
MIAMI RIVER FUND, INC., THE FINANCIAL AGENCY FOR
THE MIAMI RIVER COMMISSION
This Agreement entered into as of the date set forth below, by and between the CITY OF
MIAMI, a municipal corporation of the State of Florida (hereinafter referred to as the "CITY" or
"GRANTOR"), and MIAMI RIVER FUND, INC., a Florida not-for-profit corporation, acting as
the financial agency for the Miami River Commission (hereinafter referred to as "GRANTEE")
RECITAL
WHEREAS, an annual amount not to exceed $25,000 from the CITY's Department of
Public Works Environmental Storm Sewer Waterfront Trust Fund is appropriated by the CITY's
operating budgets for fiscal years 1999-2001 in support of GRANTEE;
NOW, THEREFORE, the CITY and GRANTEE do mutually agree as follows:
1. TERM
The term of this Agreement shall commence upon the full execution of this
Agreement. The term of this Agreement shall end on September 30, 2001, unless sooner
terminated as provided for herein below.
2. CITY AUTHORIZATION
For the purpose of this Agreement, the City of Miami Department of Public
Works (hereinafter "DEPARTMENT") will act on behalf of the CITY in the fiscal control,
programmatic monitoring, and modification of this Agreement, except as otherwise provided by
this Agreement.
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3. GRANTEE AGREES
(a) GRANTEE shall use the annual grant of $25,000 received from CITY to
offset operational costs incurred during the term of this Agreement.
(b) Except as otherwise stated in this Agreement, the funds appropriated
herein will be expended for GRANTEE staff, clerical, travel, supplies and contingencies.
(c) GRANTEE shall submit to DEPARTMENT an annual written report each
October 1, during the term of this Agreement, and shall provide minutes of all public meetings
which demonstrate use of funds as well as the performance of the organization in attaining its
stated objectives for which funding support was requested.
(d) GRANTEE shall submit to DEPARTMENT an independent audit by a
Certified Public Accountant, which must include the expression of an opinion on the financial
statements and accounts of funds for fiscal years 1999-2001 as more particularly described in
Section 11(c) below.
4. GRANT
(a) The CITY shall pay the GRANTEE as maximum compensation for the
services outlined pursuant to Paragraph 3 hereof, $25,000 annually for a total not to exceed
$50,000 throughout the term of this Agreement.
(b) Said funds shall be paid annually as an advance for expenditures incurred
during the Agreement period. All expenditures must be verified by copies of the cancelled
checks used to pay each specific invoice. In case that an invoice must be submitted to several
funding sources, the invoice shall indicate that exact amount paid by other funding sources
equaling the total of the invoice.
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(c) CITY and GRANTEE agree that the funds granted herein may not be used
to reimburse expenses incurred prior to the execution of this Agreement.
(d) CITY shall have the right to review and audit the time records and related
records of GRANTEE pertaining to any payments by CITY.
5. TERMINATION OF AGREEMENT
CITY retains the right to terminate this Agreement for cause at any time prior to
expiration of the term without penalty to CITY. In that event, notice of termination of this
Agreement shall be in writing to GRANTEE who shall be paid for expenses incurred prior to the
date of the receipt of the notice of termination. In no case, however, shall CITY pay GRANTEE
an amount in excess of the total sum provided by this Agreement. It is hereby understood by and
between CITY and GRANTEE that any payments made in accordance with this Section to
GRANTEE shall be made only if said GRANTEE is not in default under the terms of this
Agreement. If GRANTEE is in default, then CITY shall in no way be obligated and shall not
pay to GRANTEE any sum whatsoever.
6. GENERAL CONDITIONS
(a) All notices or other communications which shall or may be given pursuant
to this Agreement shall be in writing and shall be delivered by personal service, or by registered
-mail addressed to the other party at the address indicated herein or as the same may be changed
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from time to time. Such notice shall be deemed given on the day on which personally served; or,
if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier.
GRANTEE
Miami River Funds, Inc.
4600 Rickenbacker Causeway
Miami, Florida 331.49
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CITY OF MIAMI
Director of Public Works
444 Southwest 2 Avenue
Miami, Florida 33131
(b) Titles and paragraph headings are for convenient reference and are not a
part of this Agreement.
(c) In the event of conflict between the terms of this Agreement and any terms
or conditions contained in any attached documents, the terms of this Agreement shall govern.
(d) Should any provisions, paragraphs, sentences, words or phrases contained
in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or
otherwise unenforceable under the laws of the State of Florida or the City of Miami, such
provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent
necessary in order to conform with such laws, or, if not modifiable to conform with such laws,
then same shall be deemed severable, and in either event, the remaining terms and provisions of
this Agreement shall remain unmodified and in full force and effect.
7. AWARD OF AGREEMENT
GRANTEE warrants that it has not employed or retained any person employed by
CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay
any person employed by CITY any fee, commission, percentage, brokerage fee, or gift of any
kind contingent upon or resulting from the award of this Agreement.
8. NON-DELEGABILITY
The obligations undertaken by GRANTEE pursuant to this Agreement shall not
be delegated or assigned to any other person or firm without the CITY'S prior written consent.
9. CONSTRUCTION OF AGREEMENT
This Agreement shall be construed and enforced according to the laws of the State
of Florida and venue shall be in Miami -Dade County.
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10. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the parties herein, their heirs, executors,
legal representatives, successors and assigns.
11. AUDIT RIGHTS
(a) CITY reserves the right to audit the records of GRANTEE at any time
during the performance of this Agreement and for a period of three years after final payment is
made under this Agreement.
(b) CITY shall audit all GRANTEES receiving $15,000 to $25,000.
(c) All GRANTEES receiving cash of $25,000 or more agree to submit to the
DEPARTMENT an independent audit, by a Certified Public Accountant. Said audit must
include the expression of an opinion as to the actual and budgeted receipts and expenditures of
the CITY's funds. Said audit shall be submitted to DEPARTMENT no later than ninety (90)
days after the termination of this Agreement or final receipt of CITY funds, whichever is
applicable.
12. INDEMNIFICATION
GRANTEE shall indemnify and save CITY harmless from and against any and all
claims, liabilities, losses, and causes of action which may arise out of GRANTEE's activities
under this Agreement, including all acts or omissions to act on the part of the GRANTEE,
including any person acting for or on their behalf, and, from and against any orders, judgments
or decrees which may be entered, and from and against all costs, attorney's fees, expenses and
liabilities incurred in the defense of any such claims or in the investigation thereof.
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13. CONFLICT OF INTEREST
(a) ' GRANTEE covenants that no persons under its employ who presently
exercises any functions or responsibilities in connection with this Agreement has any personal
financial interests, direct or indirect, with the CITY. GRANTEE further covenants that, in the
performance of this Agreement, no person having such conflicting interest shall be employed.
Any such interests on the part of GRANTEE, or its employees, must be disclosed in writing to
the CITY.
(b) GRANTEE is aware of the conflict of interest laws of the City of Miami
Code of Ordinances, Chapter 2, Article V; the Miami -Dade County Code of Ordinances, Section
2-11.1 and the laws of the State of Florida, and agrees that it will fully comply in all respects
with the terms of said laws.
14. INDEPENDENT CONTRACTOR
GRANTEE and its employees and agents shall be deemed to be independent
contractors and not agents or employees of the CITY, and shall not attain any rights or benefits
under the Civil Service or Pension Ordinances of the CITY or any rights generally afforded
classified or unclassified employees; further GRANTEE, its employees and agents, shall not be
deemed entitled to Florida Workers' compensation benefits as employees of the CITY.
15. DEFAULT PROVISON
In the event that GRANTEE shall fail to comply with each and every term and
condition of this Agreement or fails to perform any of the terms and conditions contained herein,
then the CITY, at its sole discretion, upon written notice to GRANTEE, may cancel and
terminate this Agreement, and all payments, advances or other funds paid to GRANTEE by the
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CITY while GRANTEE was in default of the provisions herein contained shall be forthwith
returned to the CITY.
16. NON-DISCRIMINATION
GRANTEE agrees that it shall not discriminate as to race, sex, color, religion,
age, marital status, national origin or handicap in connection with its performance under this
Agreement.
17. MINORITY PROCUREMENT COMPLIANCE
GRANTEE acknowledges that it has been furnished a copy of Ordinance No.
10538, the Minority Procurement Ordinance of the CITY, as amended, and agrees to comply
with all applicable substantive and procedural provisions therein, including any amendments
thereto.
18. WAIVER
No waiver of any provision hereof shall be deemed to have been made unless
such waiver is in writing signed by the CITY. The failure of CITY to insist upon the strict
performance of any of the provisions or conditions of this Agreement shall not be construed as
waiving or relinquishing in the future any such covenants or conditions but the same shall
continue and remain in full force and effect.
19. CONTINGENCY CLAUSE
Funding for this Agreement is .contingent on the availability of funds and
continued authorization for programs activities and is subject to amendment or termination due
to lack of funds or authorization, reduction of funds, and/or change in regulations.
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20. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
All parties to this Agreement shall comply with all applicable laws, ordinances
and codes of federal, state and local governments.
21. BONDING AND INSURANCE
(a) During the term of this Agreement, GRANTEE shall maintain insurance
coverages in amounts as determined by the CITY.
(b) GRANTEE shall provide protection to the CITY to the extent of the
indemnification, pursuant to Section 12 hereof.
22. ENTIRE AGREEMENT
This instrument and its attachments constitute the sole and only agreement of the
parties hereto relating to the matters set forth herein and correctly sets forth the rights, duties, and
obligations each to the other as of its date. Any prior agreements, promises, negotiations, or
representations not expressly set forth in this Agreement are of no force or effect.
23. ASSURANCES AND CERTIFICATIONS
GRANTEE assures and certifies that:
(a) All expenditures of funds shall be made in accordance with the proposal,
Attachment A approved by the City Commission and incorporated herein by this reference. The
CITY shall not reimburse the GRANTEE for state sales tax.
(b) CITY funds shall not be co -mingled with any other funds, and separate
bank accounts and accounting records shall be maintained.
(c) Expenditures of CITY funds shall be properly documented and such
documentation shall be maintained.
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provided.
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(d) Periodic progress reports as reasonably requested by the CITY shall be
(e) GRANTEE shall be personally liable for any CITY funds expended that
were not consistent with the program approved by the City Commission or any funds expended
not in accordance with proper accounting standards as determined by competent auditing
authority.
(f) No activity under this Agreement shall involve political activities.
GRANTEE possesses legal authority to enter into this Agreement; a resolution, motion, or
similar action, Attachment B hereto incorporated herein by this reference, has been duly adopted
or passed as an official act of GRANTEE's governing body, authorizing the execution of this
Agreement, including all understandings and assurances contained herein, and directing and
authorizing the person identified as the official representative of GRANTEE to act in connection
with GRANTEE and to provide such additional information as may be required.
24. AMENDMENTS
No amendments to this Agreement shall be binding on either party unless in
writing and signed by both parties.
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IN WITNESS WHEREOF, of the parties hereto have caused this instrument to be
executed by the respective officials thereunto duly authorized, the day and year first above
written.
ATTEST:
WITNESS
WITNESS
GRANTEE:
ATTEST: CITY OF MIAMI, a municipal corporation
of the State of Florida
BY:
WALTER FOEMAN CARLOS A. GIMENEZ
City Clerk City Manager
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
ALEJANDRO VILARELLO
City Attorney
MARIO SOLDEVILLA
Risk Management
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STATE OF FLORIDA)
) SS
COUNTY OF DADE )
SWORN AND SUBSCRIBED
2000.
Print Notary Name
•
BEFORE ME this
Notary Public, State of Florida
Personally known or produced I.D.
Type and number of I.D. produced
Did take an oath or did not take an oath
My Commission Expires:
11
day of
CITY OF MIAMI, FLORIDA 4
INTER -OFFICE MEMORANDUM
TO: The Honorable Mayor and
Members of the City Commission
RECOMMENDATION
DATE: OCT 10 L']100 FILE:
SUBJECT: RESOLUTION Authorizing
a Two -Year Agreement with
the Miami River Commission (MRC)
REFERENCES:
ENCLOSURES:
It is respectfully recommended that the City Commission adopt the attached Resolution
authorizing a two-year agreement with the Miami River Commission (MRC) for the
period October 1, 1999 through September 30, 2001 in an amount not to exceed
$25,000 annually.
BACKGROUND
A Memorandum of Understanding between the City of Miami, Miami -Dade County and
the State of Florida relating to the Miami River and its tributaries east of the salinity
structure at NW 36th Avenue, was passed and adopted by the City Commission on
October 24, 1986. Subsequently this agreement was amended July 30, 1999 in
recognition of the newly crated Miami River Commission, the successor to the Miami
River Coordinating Committee (MRCC). The Memorandum of Understanding clarifies
and delineates the responsibilities of the City, County and State in governing and
maintaining the Miami River.
City of Miami Ordinance No. 10616 passed and adopted July 13, 1989, amended the
City Code by adding Section 18-298 to provide funding support for the Miami River
Coordinating Committee and subsequently the Miami River Commission, as approved
expenditures. The amount of $25,000 annually has been paid to the Miami River
Coordinating Committee since 1989 by the City of Miami and continued funding is
required in order to comply with the City's annual fair share funding support to the MRC.
Annually, since 1989, the MRCC has coordinated meetings or task forces, operated an
education and awareness program, developed public service announcements and
continues to seek and implement solutions to all problems and issues related to the
Miami River. MRCC's experience in the development of educational and awareness
programs were of great value to the City since these programs were used by the City to
satisfy the educational elements of its own NPDES permit requirements. Furthermore,
MRCC provided a channel for information sharing between various government
agencies and the public that was useful to the City for implementing solutions and
satisfying various NPDES requirements. It is agreed that the new agency, "Miami River
Commission" will continue this work.
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MiamiRiverComm ission-RESO
Bu getary Impact Analysis
1. Department V�'��
2. Agenda Item # (if available)
3. Title and brief description of legislation or attach ordinance/resolution:
4. Is this item related to revenue? NO: —'----YES— afyes-,-r.§kip.'to item #7.)
5. Are therezdfficient funds in Line Item? : ' . .
YES: —L/ Index Code 31 Minor Obj. Code '�fc Amount $ 9-T, WO
NO: _ Complete the following questions.
6. Source of funds: Amount budgeted in the Line Item $
It, 0001.,3) o5oq'. 460' Amount needed in the Line Item $
Sufficient funds will be transferred from the following line items:
7. Any additional comments?
coo Ve,lvhQ-
8. ASed b7./<
DepartmentDirp&vDeavinee�— Date
FOR DEPARTMENT OF MANAGEMENT AND BUDGET USE ONLY
ACTION ACCOUNT NUMBER ACCOUNT NAME TOTAL
Index/Minor Object/Project No.
From $
To I
7. Any additional comments?
coo Ve,lvhQ-
8. ASed b7./<
DepartmentDirp&vDeavinee�— Date
FOR DEPARTMENT OF MANAGEMENT AND BUDGET USE ONLY
Verified by:
Vilill:11:ified
............
Department of Manageffieat and Budget /Designee
Budget Analyst
Date
Date
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