Loading...
HomeMy WebLinkAboutR-95-0264J-95-275 02/15/95 RESOLUTION NO. 9 5" 2 64 A RESOLUTION, WITH ATTACHMENTS, ACCEPTING A GRANT, IN THE AMOUNT OF $3,600 FROM METROPOLITAN DADE COUNTY UNDER ITS TOURIST DEVELOPMENT ROOM TAX PLAN TO BE USED BY THE DEP&RTMENT OF PARRS AND RECREATION TO HOST THE THIRTEENTH ANNUAL YOUTH BASEBALL WORLD SERIES, JULY 27TH THROUGH AUGUST 2ND, 1995; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S)) IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. WHEREAS, The City of Miami, through the Parks and Recreation Department, has hosted the Annual City of Miami Youth Baseball World Series for the past thirteen (13) years; and WHEREAS, Miami is again planning to host said World Series; and WHEREAS, Metropolitan Dade County's Tourist Development Room Tax Plan (Category 2) provides for funds to promote Dade County tourism by sponsoring tourist -oriented events; and WHEREAS, the City's Parks and Recreation Department submitted a grant application, in the amount of $3,600, requesting funding from the Tourist Development Room Tax Plan (Category 2) for said 1995 World Series; and WHEREAS, said funds will be used to cover the costs of operations and security personnel, meals for players, and trophies; and WHEREAS, Metropolitan Dade County has approved said grant request and desires to enter into an agreement Miami to provide grant f o support the 1 and ATTACHMENT (S) CONTAINED 95 A %TaNq5e:Fies; APR 2 7 iT95 Resolution No, 95- 264 WHEREAS, said World Series will unite youths from throughout the world in Miami in a spirit of wholesome competition and sportsmanship while exposing them to our beautiful City of Miami and Metropolitan Dade County; and WHEREAS, said funds will be deposited into the Special Revenue Fund entitled "Recreation Activity - Consolidated", Project #116002; NOW, 'WHEREFORE, 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. A grant, in the amount of $3,600, is hereby accepted from Metropolitan Dade County under its Tourist Development Room Tax Plan (category 2), to be used by the Department of Parks and Recreation to host the Thirteenth Annual City of Miami Youth Baseball World Series, July 27th through August 2nd, 1995. Section 3. The City Manager is hereby authorized 1/ to execute the necessary documents, in substantially the form attached with Metropolitan Dade County for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption. 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. 2 95- 264 PASSYD AND ADOPTED this 27th day of April , 1995. ST PHEN P. CLA K MAYOR ATTVTl_ MATTY HIRAI, CITY CLERK BUDGET REVIEW AND APPROVAL: MANOHAR S. SU ASSISTANT CITY AGER PREPARED AND APPROVED BY: 3 APPROVED AS TO FORM AND CORRECTNES A. a.S. QU NN J N , I I CITY ATTO rp 95- 264 F, 44.. GRANT AGREEMENT BETWEEN METROPOLITAN DARE COUNTY, FLORIDA AND CITY OF MIAMI, FLORIDA THIS AGREEMENT, made and entered into this day of 1995, by and between METROPOLITAN DADE COUNTY, FLORIDA (the "County") and CITY OF MIAMI, FLORIDA. (the "Grantee"). W I T N E S S E T H: WHEREAS, the County's Tourist Development Room Tax Plan (Category 2) provides for funds to be allocated to promote Dade County tourism by sponsoring tourist -oriented events; WHEREAS, the Grantee has requested funding under the Tourist Development Room Tax Plan (Category 2) through its Grant Application, a copy of which is attached; Whereas the County desires to enter into an agreement with the Grantee to provide such funds in support of the City of Miami Youth Baseball World Series to be held in Dade County, Florida from July 27, through August 2, 1995 (the "Event"); NOW, THEREFORE, IN CONSIDERATION of the mutual agreements contained herein, the parties hereto agree as follows: I. COUNTY AGREES: To provide a grant in an amount not to exceed $3,600 (the "Grant") to the Grantee, on a reimbursement basis in accordance with the provisions of Section III of this Agreement. The Grantee will be reimbursed for costs 1 WHEN RETURNING FOR FURTHER REVIEW, PLEASEIDENTIFYAS �- 70 .9 _& _____24 incurred in the production and promotion of the Event to be held in Dade County, Florida from July 27, through August 2, 1995, as described in Exhibit "A", attached hereto and incorporated by reference. Specifically the County shall .reimburse costs expended in contracted personnel and travel expenses, as described in Exhibit } "B",•attached hereto and incorporated by reference. II. GRANTEE AGREES: 1. To organize and produce the Event in accordance with Exhibit "A". 2. The Grantee's expenditures in producing and organizing the Event shall be strictly in accordance with the Budget attached hereto and incorporated as Exhibit "B". The Grantee must limit its expenditure of Grant funds for each line item category to the amounts specified in Exhibit "B", except that the Grantee will be permitted to change the expenditure for specific items in Exhibit "B", if such changes do not exceed ten percent (100) per category and as long as the amount of Grant funds allocated for other categories is adjusted so that the total expenditure of. Grant funds does not exceed the original budgeted amount. Any change in line item expenditures of Grant funds in excess of ten percent (100) shall 2 95- 264 410. require the advance written approval of the County Manager or his designee, and shall be at his sole discretion. 3. For any Grants under this Agreement in excess of $10,000, Grantee agrees to confer upon the County a sponsorship package of a value equivalent to this Grant. The sponsorship packages provided to every other grantor or sponsor of the Event who provides a grant or funding in an amount equivalent to this Grant. The sponsorship package to be provided is described in Exhibit "C" and is incorporated herein by reference. 4. To include prominently the following credit - line in all news releases, television coverage, publications, programs, brochures and any other matter related to the Grant: "With the support of the Board of County Commissioners and Dade County Tourist Development Council". Grantee further agrees to use a logo or other credit -line approved by the Metropolitan Dade County Office of Communications. S. In order to receive the Grant, the Grantee agrees to provide to the County Manager or his designee on or before September 1, 1995, 3 95-- 264 G 10., original documentation conclusively demonstrating the expenditure of funds for these items indicated in Exhibit "B" as Tourist Development Council expenses. Documentation shall include, but not be limited to original bills, invoices, receipts, cancelled checks and vouchers. If such documentation has not been received by the County Manager by the date indicated above or if the documentation provided by the Grantee does not, in the sole and absolute determination of the County Manager, conclusively demonstrate that funds were expended for the purposes allowed by this Agreement, the Grantee shall waive any and all rights to receive payment of the Grant. 6. In addition to the documents required in paragraph (5) above, the Grantee agrees to submit to the County Manager or his designee by September 15, 1995, a written report, on a County provided Final Grant Report form, describing the use of Grant funds as provided by this Agreement as well as the success of the Grantee in attaining its stated objectives for which funding support was requested; and to submit to the County Manager or his rd 95- 264 0 P:. designee with fifteen (15) calendar days of the request such other written financial and activity reports and documents as the County Manager or his designee may reasonably request concerning the Grantee's activities. Failure to comply with this provision shall be grounds for termination of this Agreement and repayment of grant funds by the Grantee pursuant to Section V. of this Agreement. i. To make such presentations regarding the Event or the Grant as may be required before the Board of County Commissioners. 8. To maintain accurate and complete books, records and documents, such as vouchers, bills, invoices, receipts and cancelled checks, sufficient to reflect properly all receipts and expenditures of Grant funds for a period of three (3) years following acceptance by the County of Final Grant Report as required under this Agreement. All such records shall be made available in Dade County upon request and retained in a secure place and in an orderly fashion. The system of accounting shall be in accordance with generally accepted accounting principles and practices, consistently applied. Grantee 5 95-- 264 0 j4.., shall keep separate accounting records for this Event. 9. To permit upon request, authorized representatives of the County to inspect and audit all invoices, books, records, documents and other supporting data and documentation relating to the Grantee's performance whether or not purported to be related to this Grant. These rights of audit shall extend for a period of three ( 3 ) years following acceptance by the County of Final Grant Report as required under this Agreement. In addition, Grantee agrees to permit County representatives to monitor any and all aspects of Grantee's activities under this Agreement at no additional cost to the County. 10. To complete all expenditures of funds from the Grant within thirty (30) calendar days after the end of the Event, unless the County Manager or his designee agrees in writing to extend the time for specific expenditures. 11. To submit original invoices of all expenditures as stated in Exhibit "B" of this Agreement with forty five (45) calendar days after the end of this Event, unless the County C. 95- 264 4., Manager or his designee agrees in writing to extend the time period. 12. In the event the Grantee recognizes any profit, hereinafter defined, as a result of the Event, the Grantee shall promptly reimburse the County the total amount of the Grant paid to the Grantee pursuant to this Agreement. Profit shall be defined as actual cash revenues from the Event less 1) actual cash expenditures for the Event, 2) cash reserve carryover designated for cash expenditures for an event which is substantially similar to the Event funded under this Agreement and which is held within eighteen (18) month after the Event, 3) actual outstanding cash obligations, such as loans and unpaid invoices, for an event which was substantially similar to the Event funded under this Agreement and which was held with in eighteen (18) months prior to the Event, and 4) cash contributions to the charity or charities, if any, for which benefit the Event is held. If the total amount of the Grant is greater than profits made, the Grantee shall pay to the County the entire amount of profits made. If contributors other than the County 7 95- 264 49-. have a similar written agreement with Grantee for return of their contributions from profits made, the Grantee shall reimburse the County the total amount of the Grant, or if not enough funds are available to pay the Grant amount out of profits, the Grantee shall pay the County a proportion as the County's initial contribution bore to total contributions. III. PAYMENT SCHEDULE Within thirty (30) days of receipt of the original documentation described in and required by paragraph 5 above, the County shall reimburse the Grantee for those expenditures.which: (1) are indicated in Exhibit "B" as Tourist Development Council expenses; and (2) are supported by documentation conclusively demonstrating that the Grantee expended funds in connection therewith, in accordance with the provisions of paragraph 5 above. IV. INDEMNIFICATION AND HOLD IiAR.MLESS 1. It is expressly understood and intended that the Grantee is only a recipient of funding support and is not an agent of the County. 2. In the event a claim or lawsuit is brought against the County, the Grantee hereby agrees 95- 264 !A, to indemnify, save harmless, and defend the County against any and all claims, liabilities, losses, causes of actions, and judgments of any nature whatsoever which may arise out of the operation of this Agreement, or the activities related to the Event, or the expenditure of any funds contributed pursuant hereto and shall pay all costs, judgments, attorney's fees, and any expenses incurred by the County in connection with such claims or suits, up to the extend and limits of Florida Statutes Section 768.28. V. TERMINATION AND REMEDIES If the Grantee fails in any material respect to conform with any of the provisions of this Agreement, the County may terminate this Agreement upon giving five (5) calendar days written notice to the Grantee, and may withhold or cancel all or any unpaid installments of the Grant. Material misrepresentation on any application or report for funding under the Tourist Development Room Tax Plan shall be deemed a breach permitting termination by the County and recoupment by the County of funds previously paid to the Grantee under this Agreement. Failure by the County to fund any or all of the Grant or perform any obligation under this Agreement shall not be considered a breach of this Agreement if the Grantee has E 95- 264 failed in any material respect to fulfill its obligations under this Agreement. Further, should the Grantee commit a material breach of this Agreement, upon the County's demand, the Grantee shall repay to the County all funds previously paid to the Grantee by the County under this Agreement. Upon -.thirty (30) calendar days written notice to the Grantee, the County shall have the right to terminate this Agreement other than for cause, when the County Manager determines that termination is in the public interest; provided that the Grantee shall be entitled to just and equitable payment of services satisfactorily performed through the date of notice of termination. VI. NOTICE Notice under this Agreement shall be sufficient if made in writing and delivered personally or by certified mail, return receipt requested, to the parties at the following addresses: If to the COUNTY: County Manager 111 N. W. 1st Street Suite 2910 Miami, Florida 33128 10 95- 264 If to the GRANTEE: Terrence Griffin City of Miami Department of Parks and Recreation 1390 Northwest 7th Street Miami Florida 33125 VII. ASSIGNMENT a Thii s Agreement may not be assigned by the Grantee nor may any Grant funds be transferred to any assignee of the Grantee without the prior written approval of the County Manager or his designee. Any permitted assignee shall be governed by all the terms and conditions of' this Agreement. VIII.COMPLIANCE WITH LAWS The Grantee agrees to abide by and be governed by all applicable Federal, State and County laws governing civil and constitutional rights and governing conflicts of interest, including but not limited to Chapter 11A, Article III, Sections 21-23 of the Code of Metropolitan Dade County; Titles VI and VII, Civil Rights Act of 1964, Section 200(d), (e), Title 42, United States Code, as amended, and Dade County Ordinance 72-82 (Dade County's Conflict of Interest and Code of Ethics Ordinance), as amended. 11 95- 264 9- IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day and year first above written. ATTEST: DADE COUNTY, FLORIDA BY ITS BOARD OF HARVEY RUVIN, CLERK COUNTY COMMISSIONERS By: Deputy Clerk ATTEST: By: Matty Hirai, City Clerk Authorized by the Dade County Board of County Commissioners on by Resolution No. R- -95. County Manager CITY OF MIAMI, FLORIDA on this day of , 1995 Approved by the County Attorney as to form and legal sufficiency 12 By:. Odio City Manager APPROVED AS TO FORM AND CORRECTNESS: A. Quinn Jones, III City Attorney 0461 95_ 264 TO FROM CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and Members of the City Commission Cesar City *er Recommendation DATE : MAR 2 7 1995 CA=13 FILE : SUBJECT: Resolution to accept Grant for the Thirteenth Annual Youth Baseball World Series REFERENCES: ENCLOSURES: It is respectfully recommended that the City Commission adopt the attached Resolution accepting a grant in the amount of $3,600.00 from Metropolitan Dade County through its Tourist Development Room Tax Plan (category 2) in support of the City's thirteenth annual Youth Baseball World Series. The legislation would also authorize the City Manager to execute the necessary documents for this purpose. Background The Department of Parks and Recreation submitted a grant application to Dade County under the Tourist Development Room Tax Plan (category 2), requesting monies to help it host the 13th Annual Youth Baseball World Series. The Series will be held July 27th through August 2nd, 1995. Citywide competition between an estimated 2,000 boys aged eleven and twelve years will result in two local teams: Team Miami and Team U.S.A. The home teams will be matched against invited teams from the Dominican Republic. and Puerto Rico during the Series. On February 13, 1995, the City received its notice of eligibility for a grant of $3,600.00. These funds will be used to cover the costs of operations and security personnel, meals for players and trophies during the five days of play. The attached legislation provides authorization for the Administration to accept the grant and to execute agreements for this worthwhile youth program. 95-- 264 �°� ht..