HomeMy WebLinkAboutR-89-07728/8/89
J-89-773 RESOLUTION NO. S�
A RESOLUTION, WITH ATTACHMENT,
AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, IN SUBSTANTIALLY THE FORM
ATTACHED, BETWEEN THE CITY OF MIAMI AND
THE FLORIDA INTERAMERICAN FILM, VIDEO,
T.V. AND RECORDING ASSOCIATION, INC., IN
THE AMOUNT OF $30,000 IN SUPPORT OF THE
INTERAMERICAN CO -PRODUCTION MARKET AND
CONFERENCE '89" TO BE HELD OCTOBER 12-
14, 1989 IN THE CITY OF MIAMI; UTILIZING
FUNDS APPROPRIATED IN THE DEPARTMENT OF
DEVELOPMENT'S 1988-89 FISCAL YEAR
BUDGET.
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WHEREAS, the City of Miami through its Office of Film, Video
& Recording co -sponsored the "First Miami Interamerican
Conference on Film, Video & Recording" in October 28-29, 1988;
and
WHEREAS, the "Interamerican Co -Production Market and
Conference 189" to be held October 12-14, 1989 in the City of
! Miami is a direct outgrowth of the unprecedented success of last
year's conference; and
WHEREAS, this year's conference is designed to enhance the
globalization of co -production in the Film, T.V., Video and
Recording industries while promoting the City's international
leadership in the entertainment industry; and
WHEREAS, the City of Miami wishes to provide its support to
the "Interamerican Co -Production Market and Conference '89", and
event organized by the Florida Interamerican Film, Video, T.V. &
Recording Association, Inc.;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to execute
an agreement, in substantially the form attached, between the
City of Miami and the Florida Interamerican Film, Video, T.V. and
Recording Association, Inc., in the amount of $30,000 in support
of the "Interamerican Co -Production Market and Conference '89" to
be held in the City of Miami, October 12-14, 1989.
ATTACHMENTS
CONTAINE
D
CITY COMMISSION
MEETING OF
SEP 1t4 1998'y9or
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DN No.8+►i r • X
AGREEMENT
This Agreement entered into this day of �.. •
1989, by and between the City of Miami, a municipal corporation
of the State of Florida, hereinafter referred to as "CITY", and
the Florida Interamerican Film, Video, T.V. and Recording
Association, Inc, a not -for -profit -corporation of the State of
Florida, hereinafter referred to as "GRANTEE".
WITNESSETH:
WHEREAS, on September 14, 1989, the City Commission
authorized the City Manager to execute an agreement with the
Florida Interamerican Film, Video, T.V. and Recording Association,
Inc, �n the amount of $30,000, in support of the "Interamerican
Co -Production Market and Conference '89" to be held in the City
of Miami, October 10-12, 1989.
NOW, THEREFORE, the CITY and the GRANTEE mutually agree as
follows:
I TERM:
The term of this Agreement shall be from September 1, 1989
k through February 28, 1990.
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3. The GRANTEE shall provide for the benefit of the City;
gull registration packages to the members of the City Com mission#
the City Manager and designated staff.
4. The GRANTEE shall prepare and submit to the CITY through*
the DEPARTMENT within thirty (30) days of the termination Of this
Agreement a CONFERENCE informational package which shall includes
numbers of participants; final program, press releases, publicity
and any other materials documenting the benefits received by the
City as a result of this event.
5. The GRANTEE shall provide to the CITY through the
DEPARTMENT a statement of revenues and expenditures related to
the CONFERENCE within thirty (30) days of the conclusion of the
event.
Iv. GRANT:
A) CITY shall provide GRANTEE, a grant for the activities
described in Paragraph 3 hereof, for an amount not to exceed
{ $30,000 as reflected in the Line Item Budget, that is attached
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hereto and made part of the Agreement as Exhibit 1.
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B) Said grant shall be paid on the following basis:
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Upon execution of this Agreement and with a written request from
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the GRANTEE, the CITY shall advance one third or $10,000 of the
total potential compensation of $30,000.
j Po P Prior to final
reimbursement of fiscal year, verification for the initial
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advance must be submitted. All payments shall be reimbursements
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for expenditures incurred only in the contract period, and in
compliance with a previously approved Line -Item Budget. Such
written requests for all reimbursements shall contain statements
declaring and affirming that all disbursements were made in
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accordance with the approved budget. All documentation in
support of such request shall be submitted to the CITY at the
EM ,I time request is made and all invoices are required to be paid by.
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the GRANTEE prior to submission. All reimbursements must be in
�! line -item form and must be in accord with the Agreement. All
j expenditures must be verified by original invoices and a copy of`
—' the check used to pay that specific invoice must be provided at
the time of the reimbursement request. Copies of the cancelled
checks trust be submitted within sixty (60) days from the date the
request for reimbursement is made. In cases where invoices are
paid by various funding sources, copies of the invoices may be
submitted but must indicate the exact amount paid by various
funding sources equaling the total of invoices. No miscellaneous
categories will be accepted in the line -item budget. Request for
line -item changes are allowable with prior review and approval by
the CITY. Reimbursement requests for expenditures incurred
during the life of the Agreement shall not be honored unless
received by the CITY within 30 days following expiration date of
the Agreement.
C) CITY shall have the right to review and audit the time
records and related records of the GRANTEE pertaining to any
payments by the CITY.
V. TERMINATION OF CONTRACT:
CITY retains the right to terminate this Agreement at any
time prior to the completion of the services required pursuant to
Paragraph 3 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,
however, will 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, the CITY
shall in no way be obligated and shall not pay to GRANTEE any sum
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whatsoever.
VI. GENERAL CONDITIONS:
A) All notices or other communications which shall or may
be given pursuant to this Agreement shall be in writing and shall
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be delivered by personal service or by registered mail addressed
to the party at the address indicated herein or as the same may
be changed from time to time. Such notice shall be deemed given
a
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on the day on which personally servedt or, if by mail, on the
fifth day after being posted or the date of actual receipt#
whichever is earlier.
GRANTEE: CITY OF MIAMI:
PL.INTERAMERICAN FILM, VIDEO, DEPARTMENT OF DEVELOPMENT
T.V. 6 RECORDING ASSOC. INC. 300 BISCAYNE BLVD. WAY
5055 COLLINS AVENUE, SUITE 9F SUITE 400
MIAMI BEACH, FLORIDA 33140 MIAMI, FLORIDA 33131
g) Title 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 rule.
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.
VII. 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
-F *hia Agreement.
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IX. C:ONSTRUCTIO14 OF AORSEMENTt
This Agreement shall be Construed and enforced according to
the laws of the State of Florida.
X. SUCCESSORS AND ASSIGNS:
This Agreement shall be binding upon the parties hereins
their heirs, executors, legal representatives, successors, and
assigns.
XI. AUDIT RIGHTS:
A) Prior to the release of any funds to GRANTEE, GRANTEE
shall provide CITY a letter from an independent Certified Public
Accountant (C.P.A.) which establishes that GRANTEE's internal
controls are adequate to safeguard their assets and properly
reconcile accounting transactions. CITY will not release any
funds to GRANTEE prior to receipt of this letter.
B) 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.
C) CITY will audit all GRANTEES receiving $15,000 or more.
D) All GRANTEES receiving $25,000 or more agree to submit
to the City's Department of Development an independent audit, by
a certified public accountant, which must include the expression
of an opinion on the financial statements and accounts of funds.
Said audit shall be submitted to the City's Department of
Development no later than thirty (30) days after the termination
of this Agreement or final receipt of CITY funds, whichever is
applicable.
XII. INDEMNIFICATION:
all casts, attorney's fees, expenses and liabilities incurred in
the defense of any such claims, or in the investigation thereof.
XIII. CONFLICT OF INTEREST:
GRANTEE is aware of the conflict 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 will fully comply in all respects
with the terms of said laws.
XIV. INDEPENDENT CONTRACTOR:
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 Service
or Pension Ordinances of the CITY, or any rights generally
afforded classified or unclassified employees; further its
employees and agents shall not be deemed entitled to the Florida
Worker's Compensation benefits as an employee of the CITY.
XV. DEFAULT PROVISION:
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 CITY, at
its sole option, upon written notice to GRANTEE, may cancel and
terminate this Agreement, and all payments, advances, or other
compensation paid to GRANTEE by CITY while GRANTEE was in default
of the provisions herein contained, shall be forthwith returned
to CITY.
XVI. NONDISCRIMINATION:
The GRANTEE agrees that it shall not discriminate as to
race, sex, color, creed, or national origin, in connection with
its performance under this Agreement.
XVII. MINORITY PROCUREMENT COMPLIANCE:
GRANTEE acknowledges that it has been furnished a copy of
Ordinance No. 10538, the Minority Procurement Ordinance of the
City of Miami, as amended, and agrees to comply with all
applicable substantive and procedural provisions therein,
A-
XVIII,- WAIVERt
No waiver of any provision hereof shall be deemed to have
been made unless such waiver be in writing signed by the City
Manager. 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
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continue and remain in full force and effect.
XIX. CONTINGENCY CLAUSE:
Funding for this Agreement is contingent on the availability
of funds and continued authorization for program activities and
is subject to amendment or termination due to lack of funds, or
authorization, reduction of funds and/or change in regulations.
XX. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS:
Both parties shall comply with all applicable laws,
ordinances and codes of Federal, State and Local Governments.
XXI. BONDING AND INSURANCE:
A) During the term of this Agreement, GRANTEE shall
maintain bonding and insurance coverages in amounts as determined
by the Insurance Manager of CITY. The CITY shall be named as an
additional insured.
B) GRANTEE shall furnish certificates of insurance and
bonding, if required, to CITY prior to commencing any activities
under this Agreement.
XXII. ENTIRE AGREEMENT:
This instrument and its attachments constitute the sole and
only Agreement of the parties hereto relating to said grant and
correctly set forth the rights, duties, and obligations of each
to the other as of its date. Any prior agreements, promises,
negotiations, or representations not expressly set forth in this
w` Agreement are of no force or effect.
XXIII. ASSURANCES AND CERTIFICATIONS:
GRANTEE assures and certifies that:
A) All expenditures of funds will be made in accordance
with the Line Item Budget attached herein as Exhibit 1.
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9) CITY funds will not be co -mingled with any other funds
and that separate bank accounts and accounting records will be
maintained.
C) Expenditures of CITY funds will be properly documented
and such documentation will be maintained.
D) Periodic progress reports as requested by CITY will be
provided.
E) GRANTEE will be personally liable for any CITY funds
expended that were not consistent with the program approved by
the City Commission of 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.
G) GRANTEE possesses legal authority to enter into this
Agreement; a resolution, motion, or similar action 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 r
of GRANTEE to act in connection with GRANTEE and to provide such
additional information as may be required.JC
XXIV. AMENDMENTS:
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No amendments to this Agreement shall be binding on either- {
party unless in writing and signed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by their respective officials thereunto
duly authorized this day and year first above written.
CITY OF MIAMI, a municipal
Corporation of the State of
Florida,
ATTEST:
By:
MATTY UIRAI
CESAR H. ODIO
CITY CLERK
CITY MANAGER
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FERNANDEZ a.,
JORGE; L. ;? x; i� �' ,
CIOM WrTORNEY
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CITY OF MIAMI, FLORIDA - CA=18
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members
of thj City Commission
FROM ; Cesar H. Odio
City Manager
RECOMMENDATION:
DATE : S EP ; 1989 FILE
SUBJECT : "InterAmerican Co -Production
Market and Conference '89"
REFERENCES:
For September 14, 1989
ENCLOSURES: City Commission Meeting
It is respectfully recommended that the City Commission adopt the
attached Resolution, with attachment, authorizing the City
Manager to execute an agreement, in substantially the form
attached, between the City of Miami and the Florida InterAmerican
Film, Video, T.V., and Recording Association, Inc., in the amount
of $30,000 in support of the "InterAmerican Co -Production Market
and Conference '89", to be held October 12-14, 1989 in the City
of Miami; utilizing funds appropriated in the Department of
Development's 1988-89 fiscal year budget.
BACKGROUND:
The Department of Development recommends that the City Commission
authorize the execution of an agreement in the amount of $30,000
in support of the "InterAmerican Co -Production Market and
Conference '89 to be held October 12-14, 1989, in the City of
Miami.
The City of Miami through its Office of Film, Video and Recording
cosponsored the "First Miami InterAmerican Conference on Film,
Video and Recording" in October 28-29, 1988. The conference was
an overwhelming success, an impact to the international film
industry as well as one of the most important developments for
the media arts industries.
The "InterAmerican Co -Production Market and Conference 189", is a
direct outgrowth of the unprecedented success of last year's
conference.. This event will consist of a co -production market,
conference workshops, matchmaking sessions and an exhibition area
designed to enhance the globalization of co -production in the
Film, T.V., Video, and Recording industries.
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the'ndustry's
first global market, to coordinate and
facilitate
the expanding
utilization of international co -production.
The film, television, video, and recording industries
are growth
th Florida making them an important part of
industries in Sou
Miami's economic future. The "InterAmerican Co -Production market
and Conference 18911, organized by the Florida InterAmerican Film,
Video, T.V., and Recording Association, Inc., will enhance
economic development for these industries and promote the city as
an international leader in the entertainment industry.
It is therefore requested
attached Resolution in it
meeting.
Attachments:
Proposed Resolution
Agreement
that the City Commission adopt the
s entirety, at its September 14th