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HomeMy WebLinkAboutR-94-03874 J-94-412 8/26/94 , RESOLUTION NO. '�' 4 3 87 A RESOLUTION, WITH ATTACHMENTS, ACCEPTING A GRANT, IN THE AMOUNT OF $7,200, FROM METROPOLITAN DADE COUNTY UNDER ITS TOURIST DEVELOPMENT ROOM TAX PLAN TO BE USED BY THE DEPARTMENT OF PARKS AND RECREATION TO HOST THE TWELFTH ANNUAL YOUTH BASEBALL WORLD SERIES AT THE BOBBY MADURO MIAMI BASEBALL STADIUM, JULY 28TH THROUGH AUGUST 3RD, 1994; 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 twelve (12) 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 •one amounm or auu, requesting funding from the Tourist Development Room Tax Plan (Category 2) for said 1994 World Series; and ATTACK MerEN 7 FS) CGHTAINED CM COMESMON MEETING OF J U N n n 1994 Resolution No. 94- 387 WHEREAS, said funds will be used to cover the costs of stadium 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 with the City of Miami to provide grant funds to support the 1994 World Series; and 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 Programs - Consolidated", Project No. 116002; 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. A grant, in the amount of $7,200, 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 Twelfth Annual City of Miami Youth Baseball World Series to be held at Bobby Maduro Miami Baseball Stadium, July 28th through August 3rd, 1994. 34` 387 -2- Seotion 3. The City Manager is hereby authorized`/ to execute the neoessary doouments, in substantially the attaohed form, with Metropolitan Dade County for said purpose. Seotion 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 9th day of June 1994. qkolxu� 446-=n STIfPHEN P. CLAM, MAYOR ATT T MATTY HIRAI CITY CLERK BUDGETARY REVIEW AND APPROVAL: MANOHAR S. SURA ASSISTANT CITY MAN ER PREPARED AND APPROVED BY: RAFKEn 0. DIAZ DEPUTY CITY ATTO Y ROD:osk:M4357 APPROVED AS TO FORM AND CORRECTNESS: A . CITY ATTOrY The herein authorization is further subjeot to oompliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applioable City Charter and Code provisions. 94- 387 mm GRANT AGREEMENT BETWEEN METROPOLITAN DADE COUNTY, FLORIDA AND CITY OF MIAMI, FLORIDA THIS AGREEMENT, made and entered into this day of 1994, 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 28, through August 3, 1994 (the "Event"); NOW, THEREFORE, IN CONSIDERATION of the mutual agreements contained herein, the parties hereto agree as follows: 94- 387 - 1 - �`1 6 au5 ared Se�C�L, � '��taGb tJ I. COUNTY AGREES:' To provide a grant in an amount not to exceed $7,200 (th "Grant") to the Grantee, as provided in Section III o this Agreement, to be used for the production an promotion of the Event, to be held in Dade County, Florida, from July 28, through August 3, 1994, a described in Exhibit A, attached hereto and incorporated by reference. The funds shall be expended 11 LrC l.V Llic OWMAPPOW toward providing technical and support services for the production of the Event, as described i Exhibit B, attached hereto and incorporated by reference II. GRANTEE AGREES: 1. To use the Grant only as described in Section I of this Agreement. 2. The Grantee's expenditures of Grant funds are to be only for the items specified in 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 (10%) 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. - 2 - 94_ 387 Any change in line item expenditures of Grant funds in excess of ten percent (10%) shall 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 o.f a value equivalent to 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, publi- cations, 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. 5. To submit to the County Manager or his designee by October 1, 1994, a written report, on a County provided Final Grant Report form, and documents which demonstrate 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 designee within fifteen (15) - 3 - 94- 387 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. 6. To make such presentations regarding the Event or the Grant as may be required before the Board of County Commissioners. ' 7. 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 shall keep separate accounting records for this Event. 8. To permit upon request, authorized representatives of the County to inspect and audit all books, records, documents and other supporting data and - 4 - 94- 387 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. 9. To promptly reimburse the County for any expenditures which are not authorized by or within the scope of the Grant, as determined in the sole discretion of the County Manager, within thirty (30) calendar days after such determination. 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 promptly repay the County all or any portion of the Grant funds which have not been used for the Grant's purposes as provided herein, as determined in the sole discretion of the County Manager or his designee. 12. To promptly reimburse the County the total amount of the Grant made under this Agreement, out of any profits made on this Event. Profits shall be defined as actual cash revenues from the Event less - 5 - I - 387 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) months 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 within eighteen (18) months prior to the Event, and 4) cash contribu- tions 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 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 proportionate share of the profits, bearing the same proportion as the County's initial contribution bore to total contributions. 13. In case of cancellation of the E ent, to _promptly unused f�oQficw 'oe repay the County all theA Grant funds, within ten (10) calendar days after cancellation of the Event. III. PAYMENT SCHEDULE Upon execution of this Agreement by both parties, the County will deliver a County Warrant in the amount of $7,200 to the Grantee. IV. INDEMNIFICATION AND HOLD HARMLESS 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. Jj,�� 2. In the event a claim or lawsuit is rought against the County; the Grantee hereby agrees 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, awadklve - or the expenditure of any funds contributed pursuant hereto and shall pay all costs, judgments, attorneys fees, and any expenses incurred by the County in connection with such claims or suits. 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 7 - 94- 387 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 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 for 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: - 8 - 94- 387 If to the COUNTY: County Mana er 111 N.W. 1st Street Suite 2910 Miami, Florida 33.128 If to the GRANTEE: Juan Pascual City of Miami Parks and Recreation Dept. 1390 Northwest 7th Street Miami, Florida 33125 VII. ASSIGNMENT This 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 - 9 - 44- 387 Conflict of Interest and Code of Ethics Ordinance), as amended. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day and year first above written. ATTEST: HARVEY RUVIN, CLERK DADE COUNTY , FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: BY: Deputy Clerk County Manager 0 CITY OF MIAMI, FLORIDA on this day of , 1994 By: CESAR H. ODIO CITY MANAGER ATTEST: APPROVED AS TO FORM AND CORRECTNESS: By: CITY CLERK A. Quinn Jones, III City Attorney Authorized by the Dade County Board of County Commissioners on by Resolution No. R- -94. Approved by the County Attorney as to form and legal sufficiency - 10 - 94- 387 EXHIBIT A FY 1993-94 - DADE COUNTY TOURIST DEVELOPMENT COUNCIL PROJECT NARRATIVE READ CAREFULLY The PROJECT NARRATIVE is a complete description of your proposed project as submitted with your application. If changes to your original description are necessary because the grant amount awarded is less than that requested, you still must describe the entire project with changes on this page. - DESCRIPTION - *To promote Greater Miami as a tourist youth sports -oriented community. *An opportunity for youths of the hemispheres to exchange ideas, cultures and friendships through a sporting experience. *A vehicle through which our county's Youth can focus on sport and education as an alternative to the many vices that challenge their daily lives. The event is a week-long youth baseball tournament which, in 1993, involved teams from Puerto'Rico, Dominican Republic, Team Miami and Team USA. This year we are planning to invite two additional teams which were unable to attend in 193, due to the short event preparation period, resulting from facility damages, caused by Hurricane Andrew. Young players twelve years of age and younger participate. Team Miami and Team USA are comprised of youths from through -out Dade County and are representative of our tri-ethnic community. Over two thousand (2,000) youth will be involved in the All -Star selection process. All games are played at the Bobby Maduro Miami Baseball Stadium. Teams and fans are provided tours of attractions throughout Greater Miami and its beaches. Thousands of spec- tators enjoy high caliber competition during the series. 94- 387 Exhibi �` 1 of 2 IV. FINANCIAL INFORMATION A. REVENUE BUDGET 1) List cash income specifically associated with your program, project or event and also attach your organization's total annual budget to your application. CASH REVENUE Admissions* $ 9, 000 Contracted Services Revenue $ — 0- Corporate Contributions $ 2,000 Foundation Grants $ — 0 — Private/Individual Contributions $ — 0— Other Private Support $ -0- $ -0- Government Support: Federal $ -0- $ -0- State $ —0— $ -0- Local (other than this request) $ — 0- $ -0- Other Revenue (Itemize): $ -0- $ -0- $ -0- $ _0- Applicant cash on hand $ - 0- TOTAL APPLICANT CASH REVENUE ............................... GRANT AMOUNT REQUESTED ..................................... TOTAL CASH REVENUES ........................................ $ 11,000 $ 7,200 $ 18,200 94- 387 Exhibit B 2 of 2 B. EXPENDITURE BUDGET 1) List cash expenses specifically associated with your program, project or event. Asterisk (*) those line items for which Tourist Tax dollars would be utilized and break out to the side, in the column indicated, the portion of Tourist Tax monies intended to be earmarked for particular expenditures. NOTE: Remember to attach your organization's total annual budget. Portion of tourist tax Grant request intended Cash Expenses to be allocated Administrative Expenses Personnel --in-house $ 2.785 $ -0- Personnel--contracted $ $ -0- $ $ -0- $ $ -0- Technical/Production Expenses Personnel --in-house $ $ 4,000 Personnel --contracted $ 6 O q8 $ $ S Space Rental $ 3,000 $ Travel and per diem $12,000 $2,500 Marketing and Promotion Advertising $ 11000 $ Design and Printing $ 11150 $ Postage and Mailing $ $_ Other (specify) Remaining Project Expenses (itemize): Please refer to at- $ 7,800 $ 700 tached budget jus_ $ $ tification _ $ $ TOTAL TOURIST TAX GRANT REQUEST ......................... $ 7,200 TOTAL CASH EXPENSE'S ............. I$ 33,833 J4- 387 CA=29 CITY OF MIAMI, F�ORIDA INTER -OFFICE MEMORANDUP TO Honorable Mayor and Members DATE MAY 31 1994 FILE of th City Commission SUBJECT Resolution to accept Grant for the Twelfth Annual Youth Baseball World Series FROM Cesar H. Odio REFERENCES City Manager ENCLOSURES Recommendation It is respectfully recommended that the City Commission adopt the attached Resolution accepting a grant in the amount of $7,200.00 from Metropolitan Dade County through its Tourist Development Room Tax Plan (category 2) in support of the City's twelfth annual Youth Baseball World Series at Bobby Maduro Miami Stadium. The legislation would also authorize the City Manager to execute the necessary documents for this purpose. Background Recently, 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 12th Annual Youth Baseball World Series. The Series will be held July 28th through August 3rd, 1994, at Bobby Maduro Miami Baseball Stadium. 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 April 25, 1994 the City received its notice of eligibility for a grant of $7,200.00. These funds will be used to cover the costs of Stadium 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. `A- 387 ,',4 Ry_ (I„