HomeMy WebLinkAboutR-95-0123J-95-92
2/1/95
RESOLUTION NO. 9 5 - 123
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH THE
STATE OF FLORIDA DIVISION OF TOURISM FOR THE
ACCEPTANCE OF A GRANT IN THE AMOUNT OF
$15,000 IN SUPPORT OF THE "1994 MIAMI
HISPANIC MEDIA CONFERENCE", HELD
OCTOBER 26-28, 1994.
WHEREAS, pursuant to Resolution No. 93-494, adopted July 22,
1993, the City Commission authorized the City Manager or his
designee to actively solicit financial support from private and
public business interests, in the form of sponsorships, to help
plan, organize, direct, and present the "Miami Hispanic Media
Conference" (Conference) and related future conferences; and
WHEREAS, as a result of successful fund-raising efforts, the
City of Miami has been awarded a $15,000 grant from the State of
Florida Division of Tourism for the Conference, held October 26-
28, 1994;
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.
ATTA 6°INIENT (S)
CITY COMMISSION
WESTING OF
FED Q 9 1995
Resolution No.
95- 123
Section 2. The City Manager is hereby authorized to execute
an agreement, in substantially the attached form, with the State
of Florida Division of Tourism for the acceptance of a grant in
the amount of $15,000 in support of the "1994 Miami Hispanic
Media Conference", held October 26-28, 1994.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 9th day Of February 1995.
SfEPHEN P. CLAK, MAYOR
ATTE
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MAT Y HIRAI, CITY CLERK
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BUDGETARY REVIEW:
(M
MANOHAR S. SU
ASSISTANT CITY M AGER
PREPARED AND APPROVED BY:
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ANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
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CITY AT ORN Y
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95- 123
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STATE OF FLORIDA
DEPARTMENT OF COMMERCE
DIVISION OF TOURISM
4�sAIAGER; OFFI
S'; FE8 25 pp 3: 35
THIS GRANT AGREEMENT, entered into this day
Of 1994, by and between the State
of Florida, De artment of Commerce, Division of Tourism,
hereinafter referred to as the "Grantor," and the City of Miami,
hereinafter referred to as the "Grantee."
WITNESSETH:
WHEREAS, the Grantor is empowered by provisions of section
288.124, Florida Statutes, to make grants of funds for the
purpose of attracting national conferences to Florida.
IT IS, in consideration of the mutual undertakings and
agreements hereinafter set forth, agreed between the Grantor and
the Grantee as follows:
1.0 The parties and their respective addresses for the
purposes of this Agreement are:
1.1 State of Florida
Department of Commerce
Division of Tourism
Room 508, Collins Building
Tallahassee, Florida 32399-20009
1.2 City of Miami
Post Office Box 330708
Miami, Florida 33233-0708
2.0 TERM:
The term of this Agreement shall commence upon
execution and continue until June 30, 1994. No grant funds may
WHEN RETURNING FOR FURTh[R
9 5 - 123 REVIEW, PLEASE IDENTIFY AS
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be expended for program expenses incurred prior to the execution
hereof.
3.0 NOTICES:
All notices between the parties, provided for herein,
shall be by either confirmed fax, confirmed telex or certified
mail, return receipt requested, delivered to the address of the
parties as set forth in section 1.0 above.
4.0 SCOPE OF WORK:
The Grantor will reimburse the Grantee for up to
Fifteen Thousand Dollars ($15,000.00) in connection with
expenditures made pursuant to the City of Miami Hispanic Media
Conference being held the last week in September, 1994. Request
for reimbursement shall include an invoice to the Division of
Tourism, copies of paid invoices, proof of payment, and proof of
performance.
5.0 GRANT REQUIREMENTS:
Grantee Agrees:
(a) The Grantor to the Grantee, pursuant to the terms
and conditions of this Agreement, -the Grantee shall submit a
detailed written project description showing the types and
amounts of expenditures to be made pursuant to the City of Miami
Hispanic Media Conference for which the Grantee will seek
reimbursement. Such description shall be made a part hereof by
attachment hereto. The description may only be amended by prior
approval of the Grantor.
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(b) To maintain financial records and reports related
to funds paid to any parties for work on the matters which are
subject to this Agreement and if required by law, submit an
independent grant -specific audit report performed in accordance
with the Rules of the Auditor General promulgated pursuant to
s.11.45, F.S., to the Grantor, covering the period of grant fund
expenditures.
(c) To maintain books, records, documents, and other
evidence according to generally accepted accounting principles,
procedures and practices which sufficiently and properly reflect
all project costs expended in the performance of this Agreement,
and retain said copies for a period of three (3) years after the
termination of this Agreement.
(d) To make the aforesaid records, books, documents, and
other evidence available at all times for inspection, review, or
audit by state personnel of the Office of the Auditor General,
Office of the Comptroller, and the Grantor.
(e) To include the aforementioned audit and record keeping
requirement in contracts and subcontracts thereto entered into by
the Grantee with any party for work required under terms of this
Agreement.
(f) To act as an independent contractor and not as an
employee of the Grantor in performance of the tasks and duties
which are the subject of this Agreement. The Grantee shall, to
the extent permitted by law, be liable, and agrees to be liable
for, and shall indemnify, defend, and hold the Grantor harmless
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from all claims, suits, judgments or damages arising from the
Grantee's performance of the tasks and duties which are the
subject of this Agreement.
6.0 PAYMENTS:
Funds in the amount of Fifteen Thousand Dollars
($15,000.00), subject to paragraph 4.0 shall be paid upon
approval, by the Division, of documentation of proper
expenditures made pursuant to this grant.
7.0 GENERAL CONDITIONS:
In carrying out this Agreement, the Grantee and all cooperating
agencies will abide by the following:
1. (a) This grant is made to the City of Miami and shall
be governed by and construed in accordance with the laws of the
State of Florida.
(b) Anything, by whatsoever designation it may be
known, that is produced or developed in connection with this
grant shall be the exclusive property of the State of Florida and
may be copyrighted, patented, or otherwise restricted as provided
by Florida Statutes. Neither the Grantee nor any individual
employed under this Agreement shall have any proprietary interest
in the product(s) delivered under this grant. -
(c) The Grantee must recognize the Florida Department
of Commerce as a sponsor of the project or event.
2. Unless otherwise specifically defined in the printed
form of Agreement used by the Grantee, this Agreement shall have
a term of no more than one (1) year.
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3. No provision for automatic renewal or extension of this
Agreement shall be effective. Any renewal or extension shall be
in writing and executed by both parties.
4. In the event this Agreement extends beyond the
Grantor's current fiscal year that begins on July 1 of each year
and ends on June 30 of each succeeding year, the Grantee and
Grantor mutually agree that performance and payment during
subsequent fiscal periods is contingent upon funds being
appropriated, allocated, or otherwise made available. The
Grantor shall be the final determiner of the availability of such
funds.
5. Bills for fees or other compensation for services or
expenses shall be submitted in detail sufficient for a proper
preaudit and postaudit thereof. Bills for specifically
authorized travel expenses shall be submitted and paid in
accordance with the rates specified in section 112.061, Florida
Statutes, governing payments by the State for travel expenses.
6. Payment shall be made only after receipt and approval
of goods and services pursuant to section 215.42, Florida
Statutes, and any penalty for delay in payment shall be in
accordance with section 215.422 (3)(b), Florida Statutes. If
this Agreement requires the delivery of units, the Agreement
deliverables include, but are not limited to, reports, findings,
and drafts, that must be received and accepted in writing by the
contract manager prior to payment.
Statutes)
5
(Section 287.058, Florida
95- 123
7. Limitations on the recovery of damages which are
specifically provided by Florida Statute or general law or
established by rulings of Florida courts shall apply to this
Agreement. Such limitations include, but are not limited to, the
following:
a. As an agency of the government of the State of
Florida, the Grantor is liable for damages only to the extent
provided by section 768.28, Florida Statutes, and any other
applicable Florida Statutes.
b. The Grantor is not bound by any agreements to
indemnify, hold harmless, or for liquidated damages or
cancellation charges.
C. No provision of this Agreement shall be construed
as a waiver by the Grantor of any right, defense or claim which
the Grantor may have in any litigation arising under this
Agreement. Nor shall any Agreement provision be construed as a
waiver by the State of Florida of any right to initiate
litigation.
8. Grantee is encouraged to utilize "minority business
enterprises," as defined in Section 288.703, Florida Statutes, as
subcontractors or subvendors when permitted under this Agreement
and to report to the Grantor all such usage.
8.0 THE PARTIES AGREE:
(a) Public Access. The Grantee shall allow public access
to all documents, papers, letters or other material subject to
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the provisions of Chapter 119, Florida Statutes, and made or
received by the Grantee in conjunction with this Agreement.
(b) Termination. This Agreement shall be terminated by the
Grantor in the event of any breach of the conditions contained
herein by the Grantee and specifically for failure of the Grantee
to allow public access to all documents, papers, letters or other
materials as set forth in 4.0(d) above and to the provisions of
Chapter 119, F.S. In the event of termination, the Grantee shall
return to the Grantor any and all unspent grant funds.
(c) Reversion. All funds transferred herein shall revert
to the Grantor if not expended or otherwise obligated by June 30,
1994.
(d) Availability of Funds. The Grantor's liability under
this Agreement is contingent upon an annual appropriation by the
Legislature at the time of payment. The Grantor shall be the
final authority as to the availability of such funds at the time
of payment.
(e) Legal Requirements. With respect to its
interpretation, construction, effect, performance, enforcement,
and all other matters, this Agreement shall be governed by, and
be consistent with, the whole law of the State of Florida, both
procedural and substantive. Any and all litigation arising under
this Agreement shall be brought in the appropriate State of
Florida court in Leon County, Florida.
(f) Modification. This Agreement may be modified upon
written and mutual consent of the parties.
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95- 123
(g) This Agreement is executed in duplicate originals.
9.0 VENDOR'S RIGHTS:
Vendors providing goods and services to an agency should be
aware of the following time frames. Upon receipt, an agency has
five (5) working days to inspect and approve the goods and
services, unless the bid specifications, purchase order or
contract specifies otherwise. An agency has 20 days to deliver a
request for payment (voucher) to the Department of Banking and
Finance. The 20 days are measured from the latter of the date
the invoice is received or the goods or services are received,
inspected and approved. If a payment is not available within 40
days, a separate interest penalty of .03333 percent per day will
be due and payable in addition to the invoice amount, to the
vendor. The interest penalty provision applies after a 35 day
time period to health care providers, as defined by rule.
Interest penalties of less than one (1) dollar will not be
enforced unless the vendor requests payment. Invoices which have
to be returned to a vendor because of vendor preparation errors
Will result in a delay in the payment. The invoice payment
requirements do not start until a properly completed invoice is
provided to the agency. A vendor Ombudsman has been established
within the Department of Banking and Finance. The duties of this
individual include acting as an advocate for vendors who may be
experiencing problems in obtaining timely payment(s) from a state
agency. The Vendor Ombudsman may be contacted at (904)488-2924
or by calling the State Comptroller's Hotline, 1-800-848-3792.
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IN WITNESS WHEREOF, the parties have caused their hands to
be set to this nine -page Agreement by their respective officials
hereto.
State of Florida
Department of Commerce
Division of Tourism
BY: �� i'S
AUTHORIZED SIGNATURE SIGNATURE
City of Miami
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BY:
AUTHORIZED SIGNATURE
TITLE: TITLE: City tanager
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ATTEST: �,� lz-.�,p (z ATTEST.
SACHIKO
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95- 123
5-19-94
State of Florida
Department of Commerce
Division of Tourism
Room 508, Collins Building
Tallahassee, Florida 32399-20009
Dear Sir/Madam;
Please accept this. letter as an attachment to the agreement
between the City of Miami and the Department of Commerce. The
below list is the project description showing the types and
amounts of expenditures to be made pursuant to the City of Miami
Hispanic Media Conference for which we/the Grantee will seek
reimbursement.
DIRECTORY -over 80 page resource book used by the attendees
throughout the year to send out their press releases and locate
contacts ... it includes all Hispanic Media contacts locally,
Statewide, Nationally and Internationally. This year's edition
will include a special section which will provide information on
Florida's Convention locations, and is used throughout the year
at conferences and conventions throughout the Nation. It will
also provide an opportunity for cities to list contact numbers
that may be called by the media when a negative incident occurs
in tourism in their City... allowing the representative address
the situation accordingly. This section will be sponsored by
the Florida Department of Commerce.
PRINTING DIRECTORY:
COST 1993 $16,205.00 RCP PUBLISHING
COST 1994 OVER AND ABOVE DUE TO ADDITIONAL SECTION
AMOUNT OF MONIES APPLIED TO THIS DIRECTORY $6,348
SAMPLE ENCLOSED***
CONFERENCE BAGS will be given to each attendee of the conference.
Each bag will have the conference name on them and the State of
Florida Department of Commerce Logo will be prominently imprinted
on each bag. These bags are used throughout the conference and
the year.
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PRINTING -CONFERENCE BAGS:
COST 1993 $4,120
COST 1994 $4,120
AMOUNT OF GRANT MONIES APPLIED TO THIS DIRECTORY $4,000
ASSISTANT TO COORDINATORS will provide assistance to 000rdinators
previous to the event and during the event. Responsible for
mailings, deliveries, registration, advertising and on site
coordinating.
TEMP AGENCY- ASSISTANT:
COST 1993 $4,500
COST 1994 $4,400
AMOUNT OF GRANT MONIES APPLIED $4,000
ADVERTISING IN FLORIDA LEAGUE OF CITIES MAGAZINE will be used to
advertise this free opportunity to the different cities.
COST OF FULL PAGE AD $652.00 ONE COLOR
AUGUST ISSUE -CONVENTION ISSUE -ALL CITIES
*TOTAL AMOUNT APPLIED IS $15,000
GRANT = $15,000
*IF ANY EXPENSES LISTED ABOVE ARE NOT APPLICABLE TO THIS GRANT,
PLEASE APPLY TOWARDS PRINTING BUDGET. THANK -YOU.
******************************
PLEASE NOTE ALL MAILINGS LISTED UNDER GRANT APPLICATION WILL BE
APPLIED TO OUR EXISTING MAILING LIST AND WILL NOT BEING LISTED AS
A SEPARATE EXPENSE. THIS ALSO PERTAINS TO AUDIO EQUIPMENT AND
COORDINATION DURING CONFERENCE.
***PLEASE SEND LOGO TODAY IN ORDER FOR US TO HANDLE ADVERTISING
AND LOGO PLACEMENT ACCORDINGLY.
As per our application, we will provide a section in our Hispanic
Media Conference guide 5-10 pages depending on the response from
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the various Florida Cities. This will inolude City Name,
Facility oontaot number, Facility Contaot person and Media
oontaot name. The seotion will be identified with a inside oover
by the Florida Department of Commeroe. The Florida Department of
Commeroe logo will be inoluded in all advertising and a segment
of our oonferenoe will include presentations of City faoilities
from throughout the State of Florida. A booth spaoe will also be
provided to the Department of Tourism for this 3 day event.
SinoerelyJrling
Ms. Anne
Marketing Coordinator
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUP
TO: Honorable Mayor and Members
of the City Commission
Ce dio
FROM : Ci ger
RECOMMENDATION:
CAm15
DATE : JAN 31 1995 FILE :
SUBJECT: Resolution/Accepting
State of Florida
Grant for the 1994 Miami
Hispanic Media Conference
REFERENCES:
V
ENCLOSURES:
It is respectfully recommended that a Resolution authorizing the
City Manager to execute an agreement, in substantially the
attached form, with the State of Florida Division of Tourism for
the acceptance of a grant in the amount of $15,000, allocating
funds therefore in an amount not to exceed $15,000 to the Special
Revenue Fund entitled "Miami Hispanic Media Conference," be
adopted.
BACKGROUND:
Pursuant to Resolution No. 93-494, adopted July 22, 1993, the
City Commission authorized the City Manager or his designee to
actively solicit financial support from private and public
interests, in the form of sponsorships, to help plan, organize,
direct, and implement the Miami Hispanic Media Conference and
related future conferences.
As a result of successful fundraising efforts, the City of Miami
has been awarded a $15,000 grant by the State of Florida Division
of Tourism for the 111994 Miami Hispanic Media Conference" held
October 26-28, 1994, at the Miami Convention Center/Hyatt Regency
Hotel in Downtown Miami.
The annual "Miami Hispanic Media Conference" is structured to
stimulate awareness and increase demand of Miami's media and
entertainment experts, resources, and facilities, thereby
creating additional jobs and tax dollars, and enhancing our
City's image as the "Hispanic Media Capital of the Americas."
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