Loading...
HomeMy WebLinkAboutR-90-0712J-90-613 i/10/90 RESOLtrr�oN NC1. 9 0 712 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRAFT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE sTATE OF FLORIDA, DEPARTMENT OF COMMERCE, DIVISION OF ECONOMIC DEVELOPMENT, IN THE AMOUNT OF $200000 PROVIDING FOR THE FUNDING OP THE PASS -THROUGH GRANT FOR THE STAGING OF THE 1991 GRAND PRIX$ FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI MOTORSPORTS, INC., TO EFFECTUATE SUCH STATE GRANT. YHEREAS, the State of Florida, Department of Commerce, Division of Economic Development, has awarded the City of Miami a pass -through grant in the amount of $200,000 for promoting and facilitating the Miami Grand Prix; and WHEREAS, Miami Motorsports, Inc. annually stages the Miami Grand Prix; NOWI`THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA; Section 1. The City Manager is hereby authorized to execute a Grant Agreement,l in substantially the attached form, with the State of Florida, Department of Commerce, Division of Economic Development, in the amount of $200,000, providing for the funding of the pass -through grant for the staging of the 1991 Grand Prix. Section 2. The City Manager is hereby further authorized to 1 execute a Grant Agreement,in substantially the attached form, with Miami Motorsports, Inc., to effectuate such herein State },J grant. 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. CITY Col- ATTACHMENTS�£ CONTAINED � 90 � T xd�. t �1., xj_- a., ,...����� .,. a�i",t �y �"h^'n.7✓%� `t � Y i�y� — colon= T DMIZO of goal! MUD M M1111 10 1 i . 4 TUB GPAW A'i', entered into this day of - 1990, by and between the State of Florida, Department of Commeroe, Division of soonomio Development. E hereafter referred to as the "GNAMR" and the City of Miami ffR— (Xotoroyole Grand Prix of Miami) hereinafter referred to as the ; M GRAI i OO . " g' i 3 1 VUREAS, the GRANTOR is empowered by provisions of Seotion — 288.03(29), Florida Statutes, to mate grants of funds in a000rdanoe with legislative appropriations for same; and - WE8RRAS, the Legislature of the State of Florida has made an = appropriation for suoh grant in item 238A, Seotion 1 in the — 1990-91, General Appropriation Aot and Summary Statement of Intent (oopy of the pertinent portion of suoh aot is attaohed hereto, inoorporated by this referenoe herein and designated as "Exhibit A" for purposes of this Grant Agreement). I IT IS, in oonsideration of the mutual undertakings and n = agreements hereinafter set forth, agreed between the GRANTOR and r° the GRANTER as follows:` t I T. 4 The parties and their respeotive addresses for the purposes of this Agreement are: Z= OF FI13 = CITY OF KIAiiI Department of Commeroe 3500 Pan American Drive' Division of Roonomio Development Miami, Florida 33133 z Room 301B, Collins Building #' Tallahassee, Florida 32399-2000 t Ti. I; 1 The term of this Agreement shall oommenoe upon exeoution and oontinue until oompletion of expenditure of grant funds for the.r legislatively, appropriated purpose and until there has bed y complete oompliaaoe by the GRAFTER of all the terns aim' provisions hereof. No grant funds may be eapended for program f expenses inourred prior to the exeoution hereof, i W� Gµ c si-aaua ` £' V � -11 F-4 x r is7e A ".4 t All notices between the partiac provided to* hereiz,6 shad be by either our-its6d, P&2o oonfirsed telex of Oattifted mail. vl)D R return reoeipt requested* delivered to the address of the parties an set forth in, Owtion I above YE ,P The OPLANTIM will expand grant funds in &000rdanoe with proviso language and summary statement Of intent I&A008 attaohed to item 236A of "Exhibit A Funds made available by (a) (b) Before any funds are transferred and made available by the GRANTOR to the GRANTER, pursuant to the terms ab& conditions of this Agreement, the GRANTER shall submit a detailed written projeot description showing tb*'� types -and amounts of expenditures to be loads pursuant; to the legislatively appropriated purpose and the terms and oonditiono of this Agreement, vhioh d6so On- sbala be made apart hereof by &tt&ojW8nt, hereto The' 3. of". desoription, may only be -amended by prior appro'"' the GRANTOR Annually, until the transferred funds . are 'toftlilk expanded the (MANTIS shall provide the GPA=jk'. written amounting of actual expenditures ,in o6m Par to with the proposed, expandi.ture. Said &OOOUnt shall aljo inolude;- I The total funds transferredforrod to the R GRANTOR ,purXu&nt,to this AireamO12%; ......................... . . . . . ... . ..... (c) (d) (e) Cf) Cg) 3. Tits total proJaot costs paid ftOM funds e available by the GRAM1 pursuant to this - Agreement. To maintain financial records and reports related to _ funds paid to any parties for work on the matters which are the subject of this Agreement and submit an independent audit report as required pursuant to law,- to the GRANTOR, covering the period of grant fund expenditures. To maintain books, records, documents and other evidence according to generally accepted accounting - principles, procedures and practices which sufficiently and properly refleot all costs of any nature expanded in the performance of this Agreement, and retain said copies for a period of three (3) years after termination of this Agreement. To make the aforesaid records, books, documents, :and - other evidence available at all times for inspeotioa, - review, or audit by state personnel of the Office of the Auditor General, Office of the Comptroller, or other state personnel. »_ To include the aforementioned audit and record keeping A; requirements in contracts and subcontracts thereto entered into by the GRANTER with any party for work required under terms of this Agreement. To act as an independent contractor and not, as, an employee of the GRANTOR in the performance of_the taws y- and duties which .are the subject of thin Agreement. `4. The GRANTS$ shall be liable, and agrees to b®.cable for, and shall indemnify, defend, and hold the haziilass from all o7.aiae. suits, judgments, or ASAM ton ;t r arising from the GRANTOI' at performance of the tafts" duties which are the subject of this► Agreement, Y, r Y F 77777 ' AAWA tug serrate int6"Nt bWWLM# MWOUt until Y tetaill aWinded for the PUP6848 provided herein; e t0 return all interest inoome on said &000=t to the Department upon expenditure of the principal granted by the Department under this Agreement. v1 . �— f= 'g Y Funds in the amount of One Hundred Twenty -Five Though �— Dollars ($125*000.00) will be made available t0 the GRANTER upon - approval of advanoe payment by the State Comptroller. viz. (a) pug+'! io_Aooees - The GRANTEE Shall allow ptablio aooess to all doouments, papersletters or other material subjeot to the provisions of Chapter 119, Florida Statutes, and made or reosived by the GRANTEE in oonjunotion with this Agreement. w (b)- This Agreement shall be terminated by the k <E. GRANTOR in the event of any breaoh of the conditions oontained herein by the GRANTEE and speoifioally for failure of the GRANTEE to allow publio a00e88 as set` forth in (a) above. in the event of termination, the GRANTEE shall return to the. GRANTOR any and all unspent } grant funds . (o) Reversion - All funds transferred herein shall revert ; to the GRANTOR if not expended or otherwise obligated by dune30, 1991. All unexpended funds, even if obligated but not expended on Heemier 31. iffi mustbe promptly returned to the GRANTOR. f° tailt_ The GRANTOR'm liability under p this Agreement is oontingent upon the ovatlaued Availability of appropriated funds at the time Of rho payment. The GRANTOR shall be the final authOVity to the availability of such fuada3 at the time o� itz'e payment. a .-tom 0 751" ,i— { „ ,.x` '1 _ ,r,,.,r.,� ,yam flit irR9ti iN effea►t, p�lrfiSr e i �I oraft"t i MA all other mattersi this Agreement shall be governed by, 63A R be consistent vith, the whole law of the State of E �4_ p plorida, both procedural and substantive. Any and sib. 3 °s litigation arising under this Agreement shall be r� brought in the appropriate State of Florida court in Leon County, Florida. ( f) xodtftnAttan -'This Agreement may be modified upon the written and mutual consent of the parties. w (g) Dnulicate Originals - This Agreement is executed in y. -'� _i duplicate originals. IN WITNESS VEMMF, the parties hereto have caused their hand to be set by their respective authorized officials hereto. GRANTEE: CITY OF MIAMI , a munioipal Corporation of the State of - ATTEST: Florida = 8y - NATTY RIRAI CEBAR R. ODIO City Clerk City manager GRANTOR: STATE OF FWRIDA Department of Commerce o WITNESSES: Division of Economic Development i APPROVED AT TO FORK AND CORRECTNESS: cTORGE L. FERNANDEZ City Attorney ROD/ply/i238 7/ 10/90 la: t39 PM ,5- By ry Presid eat C8es1) 'g. ti _ ry dY E t .rid 4, s y , r t"to L y. loft It te r K 11 t 7 34A /S1.P�>y:C.yTAAL C/ATrWA1t9! /� ( • CK""S A #Z At-0O tCOMGM2t �?VL:.�I`vt:Vr .. k = PltOl�'t9 rROM C7JMAt: AEVZWt MI-0 . . . . . . . . 4,655#000 ' i funds 'ln' Sgitltid Appreptiation .26A are included ; rod letal aCbnaAie devsioptnert ptb)atta In the (etlovinq Afiouhts. Thee$ funds may be advanced In pact or In total. economic Developmentytona Beach center � Aa Mallths Araa Chamber of Coeeeecea......•• 50.000 Okeechobo♦ teonomic Oswlopeeet �9Ci10Cit'j��...a.�i....................... 731CiOO `A L990 `thtathatlonal Travel Conteranee ; :(Orlando/Orange County Convention and Visitors Bureau) ...... $................. 400.000 Lntstnational Trade Grant • Orlando (Creatiar Orlando Chamber of Coaftereel.. 150.000 tnternatlanal Mator Sports Association {Tampa/Hillsborough County Convention). 125.000 ji Super Bowl, Task tares (Taarpa/Mlllsborougn w County Convention and visitors, f' atsoetaelonl. ...... 250. 000 , .......... .. .. .. _i Florida Tcads and E:poaltlon�Center; ICAD4ACQl.1••...•••.••.....•..•••• ••.r.• 3000000 Productivity Improvement Canter (Hlalssh Latin Clamber of Coaeaarcal............. Lw0.O30 r L?; s{ St. Petscsbutq Grand Prix (City at 9t. � Patsrsourgl................... 125.000 n. }, HotorcycLs Grand Prle of Miami ICity of az .12S.000 1i. T&Do& International : Trade rats (City o• ;i Tamps)................ I00.000 , II:aeter MIAMI Chamber at�CCMefcq........ 1750003 KlaeL Grand Ptls IClty of „lamp......... :00.0^.0 Orange 81029om Classic (City of Mtamll... :30.0c0 w; tntsrndtlonal Trade 43rant/.7acksonvltls}� r onot . �}a ; Wk4F r� 3 { 4St i { S ' Yp� Aso� - — ' '4L ..•� r ...a.i Ajaba" 0 i'* **IA a4ftet of +Idrnwtda+......:........:... 100�i�d0 .-, t`e+tefal tl8tlda I"t4AiiiutiP +r.$il Abthhtltp>.. 0 araein tans lotlandol:...:......... i .ado Cossttntrt dill tift: iqiAuthetlty/ tiotide tootto Nail at rsms luko ditgl., 300600 �:: a► ligi►U* ld two $beret 48646..:.,,...:..:.11020,000 tlatlda �lairle lihis�p•/Millabetovgh 0606ty Ca ivoAt kaft and Visitors t►etids spetts rbmndatlon................ la.odo t'shas to 900ditlt Arotopriation 226A tar tht 1004 a w4eld tuo sadeet ysraos ats to asalet each at the t taut prifsisethd posilbis rtatids sites to pcepate sold suaftit Its told tot one at more at this gemss. tth 's funds apptopeleted $hall be made evitlabls. In an jj amount not to eataed 93So.600. tt to understood that each venue ecgahicatien that retalvet a bid _ depatit advance shall agree by contract to repay tie a'. Advance# without Intetast• as follow*+ 11 It ne galees see everded to that venue. the Lull bid deposit dtawn shall be repaid to the state _ by that venue oh at before June 30, 1991. 11 it $oeH, but not all. gams• hid tot. are 9. awarded to that venue. It shall toper to the State that portion of the deposit rstunded to it on at before June 70r 1991. 1 This balance at the deposit Mail be repaid iron the gross revenue peaduced by such 940ee awarded, 11 It all gases bid ate awarded. the cull deposit shaLL be repaid f90et the gross revenues produced by such games awarded. r - MIAMI. 5SyM0. yyPLyy�0Y0Ib��Ay fAR 968+lV8!!-iM1!! 3 � t'ROPOSAI. OIL PUND EXPENDITURES - 1991 NISSAN GRAND PRIX OF MIAMI VENDOR - .9riRVICI, HIALEAH GRANDSTAND BLEACHER INSTALLATION AND TRANSPORTATION SATURN SOUND STUDIOS SOUND SYSTEM ABLE BUILDERS TOILET RENTAL CARLSON FENCING PENCE INSTALLATION TO BE DETERMIN A. C . GRAPHICS AMOUNT ED TENTS, EQUIPMENT RENTAL 30 000 PROGRAM PRINTING 30,000. $200,000 zr .*s k.S to go �y �♦■(��0 1 W000 0104 ANd LAtIOWA � i >1t la#i 'tt>i,i It J 1 14hlo i 16' �t N1 Vl tit 15600 5x85' 1il1t11� y11+l 1 AI:tt11 IUN 43960 - 5ii1 T31.:E lF Tt1 NTI1t1:iTAI. 60M ` 510 11 ' I N6'1 AZ LA C I ON ' 4 2000 " �ilit) :1 t1ti= �if11.ES.. ,',Utl Ali ,F11U111tie"t-RUItAL U 'FtflttRlCAt)E$ S112 1,11 ►4:111Y HOVEMT.:N1 14000 k ipp 511.3 13(o)NU SYSTEM 150110 5114 IUAI [Ek WAIAL Ul 5115 1 ICKE'I BOOM,; 0 51.1.6 WI LE T RENTALS 1,0000 5118 BRIDGE M.11.S1AI113/0-11 2000 5119 MISC. CONSTRl1CtiUN 1-960 5121 DoHl)S AND llt di i I'3 21.00 5122 I-vUll IN SURANCr 49515 5123 SAW IION FhE'.3 2W00 51.24 SAW1,11014 1{OUY IRAVEL ,1 5125 PRIZE "EY 250000 5126 COMPEtIIORS EXPENSE [7 5131 M 33 R(Xllis 0 :5132 OAK- OPERA 1AC1NS , l U553 5133' Ct1RNER W(AMMS 5800 51,34 1115C. ,EVENI U18olk 740010 5135 HISC.EVEN1 LABOR IAX 201)1) 5131 CONSUL1INU OPERA IIONS 35000 1RWK LICM1 ING 7400 5141 FUEL, ! u0c) 5142 HOUMM311101CLS 0 5143 SIGHWE I.0000 5144 ltR31 NM ER1.tH:1 1-1 T S 0 . M.45 PARM114A VETS 1t1llU 5146 PHU10GR 1PH EXT31- .1 121. 5147 1_013BY I N,3 f-k S 0 S148 MACK IELL1111011L•S 4000 5149 EQUIP MAIMI&REPAIR 3000 $150 TRACK MA1NT&REPAIR ..,892 5152 OTHER rOUHTY/CITY 0 i 5154 t3ALL X)H ADV. EXP 2200 5157 CLCISF CJR(:UI T TV EXIT q 5158 TRACK SUPPLIES !UUctU 5161 dlHER PRODUCTIt)ii 10f>U TOTAL t1f_— - ' 4 Y s( i rY a -t �x a yk�.T -z F a rats ITi EMT- ill a�l`�JR Y.t l'tIr i7 j�'t��q', RtpiIuN/Vi 10iAL 55Di. T It;it�yhlt.INlr1 q14 S l i t Al) Iil a"1104r. 0 p1#O01144 p R M 1 t No 416UO 5521 kAC I Nfj 1fUORAR I L I A 5531: CtttiNtTr�I,S ' 2051 ;, 55i' `fi-`r1kM IsltNi'#Ncx U 55b1' D r AnAAH PAt'tIff; (). 55131 t)1111IT PRINTING 413 51978 M1AHT MOMRSPORiS PR(JHOT IONS 1991 ACC. #DESCRIPTION/VENDOR TOTAL 5307. SHOW t;AR DISPLAY 200 5303 Atilt.) i ROliU EXP. SI' 1111 T U 5305 PUBLIC RELATIONS 0 S311 PRESS CONFEkENCES 665 5312 V1DEO.PROMO 0 5315 PARTIES 0 5321 POSTERS 0 532..6. 8110014URES U 5331 PREIS RELF.ASKS 34.1, 5341 TICKET FLYERS U 5342 PROM GP DESIGN 350 5345 0.0'.0URS/P1131vP EXP U .5346 SPONSOR' S MEE T I Nu 300 5351 OMER PROMOTIONS 2000 5365 BUMPER STICKERS 0 U TOTALS 3856 I t �,iafy Tip._ 'iYG'. 1 c.Y _:..x_ _.._. ._.�_.�e - s.n.:,tl.L•.�+k ..k }4�'Z>a�4 .. .fit _� �� a�.� 'F e � .f'' yfi�sr•. � ° �.; �� ` �'�� � b � #�' i ,r•z f �i t �: �t vk 1 I t t1t ! Mott � yi�i�[+it�iiciiiCa�dt7aiiCfri.�Yr1s.:.�.+w�taru:.Ly.,un.lzsic..stwW.'tYar..xs:+a+oK. },+' �5 t�63 tk iH1081(AIS 3900 6U04 us 2000 4 6005 PAVIOLL TAXES 42919 6*006 ,MLOYM GkOUP INSURANCE 2832tl 6001 CLASSIPM ADY4 525 � r �Orn rr:Ml•' K►FFtr,E h�La�v 382y ' � ���' 6011 AM-apFIGE f371i)8 } 6012 8F:"N I �-ol,Hr_R 20220 6013 INSURANCE 48402 3 6014 1i:11PNtiNE IFLEC411APH '93176 6015 UTILIIIt$ OFFICE 8825 6016 UTILITIES MlltR 904 6017 OFFICE EQUI RE.JTAL 3194 6018 REPAIRS & MAIMIMARCE 3205 6019 SUPPORT VEHICLES 560 6020 OFF. MAINT & SUPPLIES 21000 6021 CONSULTING FOES 0 6022 COMPUTER MAINT. MDS 0 6023 LEGAL 6 ACCOUNTING 5951.4 6024 WAREHMSE MAIT. WATER 2194 6030 OFF.EAU.MAIN1. ATT 3182 �t 6031 OFFICE SUPPLIES 6394 6032 POSTAGE 7628 y 6033 COURIER SERVICES 4269 6034 DUES & SUBSCRIPTIONS 5523 6035 BANK CHARGES 3418 6038 OTHER TAXES 15550 6041 INTEREST I9U44 � . 6049 OAIRLOSS) SALE 0 6051 TRAVEL & ENTERTAINMENT 10814 80% MEALS & ENi. 4069 ` TRAVEL EXPENSE LOCAL 2851 6055 LICENSES 625 6061 CON iR. PULIIICAL 3750 6062 DONATIONS CHART I AHLE J.350 ' 6090 IN HOUSE FOOD & BEV. 728 z 6091 OTHER GENERAL & ADMIN131RA ;00 6092 (3I FT EXPENSE 2605 5961 OVERHEAD REIMKURSEHUN1 0 +t 134 y274 = 'F DI �q �q t: e � ti :.kits fi§ )R t `a 1. Vol- "Nr - This Aftessont entered into this Via#I Of 1900 by and between the City of Viami i a xwuoipal OOFpotatial of the State of Florida► hereinafter referred to to "CITY" , and Y.f Yd" Me Miami MotorSpOrte , Inc., a Florida for profit odrporatior►, hereinafter referred to an "GRANTEE." R WEEMS. CITY acknowledges receipt of a Grant in the amount of 3900,000 from the state of Florida, Department of Commerae 41 Division' of Economic Development, for the speoifio purposes of promoting and facilitating automobile racing event and specifioally the Miami Grand Prix; and 1iEEMS, GRANTER annually stages the Grand Prix. NOW, THEREFORE the CITY and GRANTER do mutually agree an follows: I• 4 TZM• The term of this Agreement shall coumence upon execution and continue until completion of expenditure of grant funds for the legislatively appropriated purpose. c�T2Y- AIIT80RT2A'1'TON: For the purpose of this Agreement, the City Manager's Office 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. z - 1 t Y GRANTER • AGRMM • is <.:} Y A. To use the Grant Funds in accordance with the State S(Y i k Legislature's proviso and intent language as suet forth in i Exhibit I attached hereto and made a part hereof. y' i } 5 ,g z t` 4 f�F t Y t ' Y Amman? , untthe Grant (Irantee shah provide the Grantor a written grating of aoftal expenditures in comparison with the pr6V*44d erpendiaures. Said written accounting shall also include: F (1) The total funds received by Grantee from grantor _ - pursuant to this Agreement. (a) The total income, interest and other revenues obtained from the investment of funds. (3) The total project costs paid from funds made available ' by the Grantor pursuant to this Agreement. 14 C. To maintain books. records, documents and other evidence J- according to generally accepted accounting principles, 'procedures and practices which sufficiently and properly reflect all costs of any nature expended in the performance of this Agreement, and retain said copies for a period of three (3) years after termination of this Agreement. D. To maintain financial records and reports related to funds paid to any parties for work on the matters which are the subject of this Agreement and submit an independent audit _ report as required pursuant to lac to the Grantor, covering the period of grant fund expenditures. r-RANT' IV. A. The CITY shall pay the GRANTEE as maximum compensation for the services outlined pursuant to Paragraph III hereof, Two Hundred Thousand Dollars ($200.000). B. Said compensation shall be paid in full to GRANTER upon execution of this Agreement. E C. CITY Shall have the right to review' and audit the time b' records and related records of GRANTEE pertaining to anyu } payments by CITY. t: i�. ry F. a -a- j gZ f� *} y 3 r G'T retains the right to terminate this Agreement at An? time prior to the completion of the services required Pursuant to Paragraph III hereof without penalty to CITY. In that event, notice of termination of this Agreement shall be in writing to GRANTEE. who shall be paid for expenses incurred prior to the date of the receipt of the notice of termination. In no case# r however shall CITY pay GRANTER an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between CITY and GRANTER that any payment made in accordance with this Section to GRANTEE shall be made only if said GRANTER is not in default under the terms of this Agreement. If GRANTER is in default, then CITY shall in no way be obligated and shall not pay to GRANTER any sum whatsoever. - VI. A. All notioes or other oommunioations which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service. or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served: or, if by mail, on the fifth day after s .1 being posted or the date of actual receipt, whichever is earlier. CITY QF MZAMI G$AjT$$ 3500 Pan American Dr. Miami Notorsports, Inc. Miami. Florida 33133 7234 Southwest 48th Street Miami, Florida 33168 yt B. Title and paragraph headings are for convenient reference n Y and are not a part of this Agreement.' C. In the event of conflict between the terms of this Agreement £s aad any terms or conditions contained in any attached E documents, the terms in this Agreement shall rule. — }� pare# f s ee Colit"ited its this Agree"At be d6 Grained of o3 speut Jnted#.etion ' to be intalidr illegal or - otherwine uneAtOroeable under, the 1aWs of the State Of plorida or the City of Miami, ,euoh provisions, paragrsphs ► 1R' sentences, swords or phrases shall be deemed modified to the �r eYteht necessary in order to conform with such laws, or if -- not.modifiable to conform with such laws, theca game snail be h deemed severable, and in either event, the remaining tai and provisions of this Agreement shall remain unmodified and In full force and effect. gyp- VII. AwAA11.OF _ ACRBBM: GRANTER warrants that it has not employed or retained any. person employed by the CITY to solicit or secure this Agreement' and that it has not offered to pay, paid. or agreed to pay any 5 person employed by the CITY any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting = from the award of this Agreement. Vill. NON-nRT.BGAATiTTy That the obligations undertaken by GRANTER pursuant to this Agreement shall not be delegated or assigned to any other person ,y .,5 or firm unless CITY shall first consent in writing to 'the i 7 ;. performance or assignment of such services or any part thereof by rr R y. another person or firm. YS} y Y, iv{ ` =$'j', CM"QN OF AGR� 8NT This Agreement shall be construed and enforced according to the laws of the State of Florida. 1 x A � 4 c+i I 6 st se�t Y P., +AIMi z= Me Agreement Ahail he bimding Upon they Partied h8relas their h+eire eNeottora; legal representati"s t suoceeeore, &M agaig � r� s A. CITY and State personnel of the oftioe of the Auditor k General., Office of Comptroller, or other State personnel reservre the right to audit the records of GRANTEE at any �F time during the performance of this Agreement and for a - "period of three years after final payment is made under thin _ Agreement. B. GRAMS agrees to submit to the CITY documentation, substantiating the expenditure of funds. Said documentation Y shall be submitted to CITY no later than si3cty (60) days after the termination of this Agreement. I XII . - GRANTERshall indemnify and save CITY harmless- from and against any and all claims, liabilities, losses, and causes. of action which may arise out of GRANTBE's activities under .this Agreement, including all other acts or omissions to act on the part of the GRANTEE or any of them, including any person acting +' for or on his or their behalf. and. from and against any, orders, . judgments," or decrees which may be entered and from and against all costs,, attorneys' fees, expenses and liabilities incurred; in L` 44' the defense of any such claims, or in the investigation thereof f 4 ''4`I It Ixi J. i Atl�'l L � 3 R�A -0Fp� r 61" W. ry • - _ k "� Si dip A. 06%*d pants that no person under its emplal sho presently e1etoieee Any funotions or responsibilities in S. oosiheotiOn with this Agreement has any personal fieeeoi&l - interests, direct or indirect. with CITY. OPANT92 further yr 60Venants that, in the performance of this Agreement, no 4_ person having such oonflioting interest shall be employed. >t Any such interests on the part of GRANTEE or its employees, x must be disclosed in writing to CITY. GRANTEE is aware of the oonfliot of interest laws of the City of Miami (City of Miami Code Chapter 2, Article V), ''- Dade County Florida (Dade County Code Section 2-11.1) and the State of Florida, and agrees that it shall fully comply in all respects with the terms of said laws. XIV. _ GRANTEE and its employees and agents shall be deemed to be independent contractors. and not agents or employees of CITY, and shall not attain any rights or benefits under the Civil Servioe or Pension Ordinances of CITY, or any rightsgenerally afforded classified or unclassified employees; further_ GRANTEE, its employees and agents shall not be deemed entitled to the Florida Workers' Compensation benefits as an employee of CITY. r �! NON-DFgCRiiiTNlITTON: GTANTES agrees that it shall not disoriminate as to races, sex. color. oreed, national origin, or handicap in connection with its performance under this Agreement. AM en 4, -R 4 { e as that has �� �ur�►ished a �� . , �� _ �rdi' ids o. � CC � the Minority pro�rement ordinance of the City oi' ffiiami. end areee to domply With e11 eppiiosle', �. substantive and procedural provisions therein, including ►'� - ;X7 amendments theretb. P ry g �[ Io waiver of any provision hereof shall be deemed to have y the City been made unless such waiver be in writing signed by manager. The failure to 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 f— the future. .any such covenants or conditions but the same shall continue and remain in full force and ®!feat. (� is R� y= r XIII . { Funding for .this Agreement is contiaSent on the availability, of funds and continued authorization for program,aotivities and — is subject to amendment or termination due to lack of funds. ;or * - L authorization, reduction of funds, and/or change is regulations.,.— XIXt ' 4 MHP T Nut WITH TtA£T1�QAT BTATS AIM LOCAL LAtr_TS,. { with all applicable laws Both parties shall comply ti ordinances and.00des of Federal. State and Local Governments. � m XK.�.. ENT IRS ACAS fti.s instrument and its attachments constitute the sole and E } Yet 40. i 3 i y 44Y �T ,'w v oil A Ptii' off' [ ¢ i i�:iV p�t� h� Yi/` y 1i�ii) oarreotly not forth the rights i duties, MA obligations of 066h to the other an at its date. Any Prior agreeaente, proad#ee� A nejotiatio" or representations not expressly set forth in this {{^^ Agreement are of no force or effect. t- -. XXI . r In GRANTEE assures and certifies that: s A. A11 expenditures of fund shall be made in accordance with 4 the proposal and Line Item Budget (both of which are attached as Exhibits 2 and 3). B; Expeaditures of CITY funds shall be properly documented and such documentation will be maintained. C. Periodic progress reports as requested by CITY shall be provided. D. No activity under this Agreement shall involve political activities. s. GRAWZR possesses- legal authority to enter into this Agreement; and a resolution. motion, or similar action has been duly adopted or passed as an official act of GRAM1*s governing body. authorizing the person identified as the official representative of GRANTEE to act in connection with GRANTER and to provide such additional information as may be' { required. t; p No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. P tY $ IN WITNESS WHRREOP. the parties hereto have caused this r{ sy� h f f y� t t lte tC� b ah' 1 y/ yy F 4j 3 IV t 4 ♦ � h 7 �V w4 _ . �K TV _i. VO the y 1 WA s CITY OP MIA I at .di C�rpr�ration of the State Of p�yj " A�C1� • 1�lorida kty= .� MAT C NIR!► S CESAR R. 0020 - t Clerk der 1 Miami Notorepdrta, lno b * a 101 or4 da for 'nrotit 00ttOrati0ft ATT$ST: Ai: Corporation Seoretary APPROVED AS TO IESUMCE. 't. REQUIREMENTS: Insuraaoe.Coordinetor Y;- ;R. ' ROD/pb/MaRB 7/09/90 5:54 PM By Preaident (Seal.) APPROVED AS TO FORM AND CORRECTNESS: Jorge L. Fernandes City Attorney ,v a Yt h " r' gi ! A ilia. — x =� s `N;� j Y At tc ++ _ t l�. 'd CITY OF MIAMI, FLORIDA INTER•oFFICE MEMORANDUM • Y e TO The Honorable mayor and DATE August 30, 1990 FILE: Nilbtnbars ' of thol City Comm i ee i on s SUBJECT ; Resolution Authorizing - Execution of Grant,h - Agreement Cosar ` H . ' Od i REFERENCES FROM ; City Manager ENCLOSURES: f 5, RECOMMENDATION: <_ !' respectfully recommended that the City Commission adopt the 3 i t i s respe Y t 4�- attached , 11486 1 ut I on authorizing the CIty Manager,::to execute_,a grant agreement with the State of Florida, Department of` Commerce ,• Dlvlslon of Economic Development, in the amount,of $200,000 providing for the funding of the pass -through grant for. - the staging of the .1991 Gran Pr I x , and < further author i z 1 ng the z4 City Manager to execute A grant agreement with Miami Moto sports, Inc. to -af#actuate such State grant, t¢$ a i i BACKGROLtND The $taterof Florida has awarded the City of Miami a pass -through µ grant 1�� heamount of $200,000 for promoting and facIIItat ing. 16, the Miami Grand Prix. This event is staged annually by Miami xt i Notorspvr.ts, Inc. J I T _- f 1 z H , - , jj yy -0 I