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HomeMy WebLinkAboutR-88-0506J-88-530 06/01/88 RESALifTiom NO. A RESOLUTION AUTHORIZING A GRANT TN AN AMOUNT NOT TO EXCEED $30,000 TO THE CITY OF MIAMI YOUTH BASEBALL ACADEMIES, INC:, A NON=PROFIT FLOftinA CORPORATION, IN SUPPORT OF TI(P SEVENTH ANNUAL CITY OF MTAMT YOUTH BASEBALL WORLD SERIES; ALLOCATING FUNDS IN THAT AMOUNT FOR SAID EVENT FROM MONIES PREVIOUSLY APPROPRIATEn FOR SAID EVENT IN THE DEPARTMENT OF PARKS, RECREATION AND PUBLIC FACILITIES GENERAL FUND, RECREATION DIVISION, Ain TO PRIVATE ORGANIZATION LTNE-ITEM; FURTHER AlITIIORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT FOR SAID EVENT, IN SUBSTANTIALLY THE FORM ATTACHED, BETWEEN TPE CITY OF MIAMI AND THE CITY OF MIAMI YOUTH BASEBALI. ACADEMIES, INC. WHEREAS, the City of Miami Youth Baseball World Series provides special athletic competition to the youth of the community and attracts International teams to the area; and WHEREAS, the 1988 Youth Baseball World series is planned for July 11 through 17, 1988 at the Robby Maduro Miami Baseball Stadium; and WHEREAS, funds in the amount of $30,000 are available in the Department of Parks, Recreation and Public Facilities General Fund, Recreation Division, Aid -to -Private Organizations line -item code 580301-930, and are allocated for said event; and WHEREAS, the City Manager and the Director of the Department of Parka, Recreation and Public Facilities recommend that these funds be granted to the City of Miami Youth Baseball Academies, Inc. for said event; NOW, THEREFORE,. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. A grant in an amount not to exceed $30,000 is hereby authorized in support of the Seventh Annual City of Miami Youth Baseball World Series, to be produced by the city of Iliami Youth Baseball Academies, Inca Section 2. Funds in an amount not to exceed $30,000 for said event are hereby allocated from monies previously appropriated for said event in the Department of Parks, Recreation and Public {�p� AT GXX L�;�uaa�t�_.:�a.i L CITY COMMISSION MEETING OF JUN 9pp19888 RESOLUTION No. 813-506 REMARKS: Facilities cttierai Puhd, ftetreation Divi.stoni Aid=to=Private brganflat#.oua line=#ttm tbde No, 5gt��h1=§3b. Stctioti 3. The City Hatiager is hetehy authotixed to execute a grant agreement tot said event, in substantiat ly the to rim attached, between the City of Miami and the City of Miami Youth Baseball Academies f iiie, PASSED AND ADOPTED this 9th day of_ June , 1988.• XAVI ER 1.. s11A ,Z MAYOR ATTEST MATTY HIRAI, CITY CLERK PREPARED AND APPROVED BYc ROBERT F. CLERK CHIEF DEPUTY CITY ATTORNEY BUDGETARY REVIEW & APPROVAL: MANO AR SURANA, DIRECTOR /// DEP TMENT OF MANAGEMENT & BUDGET APPROVED AS TO FORM AND CORRECTNESS: JOR E L. FERN NDEZ 4 CIT ATTORNEY AGREEMENT h8TWEEN THE CITY OF MIAMI AND THE CITY Op MIAMI YOUTH hhsn"ALL ACAbEM1ES; INC. This Agreeffleht entered into this day of _.. _..__ __ ► 19881 by and betweetl the City Ot Miami► a ttiuhicipal Corporation of the State Of Florida, hereinafter referred to as "CITY" and The City of Miami Youth Basebatl Academies, Inc. a non-protit Florida corporation, hereinafter referred to as "GRANTEE". RECITAb: WiIEREAS, The City of Miami Youth Baseball Academies, Inc. intends to hold the Seventh Annual City of. Miami Youth Baseball World Series in the Bobby Maduro Miami Stadium from July filth through July 17th, 1988; and WHEREAS, the City Commission, by Resolution No. adopted authorized an allocation not to exceed Thirty Thousand Dollars ($30,000) for City services, hotel accommodations, meats, awards, and/or other related expenditures. NOW, THEREFORE, CITY and GRANTEE do mutually agree as follows: 1. TERM: The term of this Agreement shall be from June 1, 1988 and terminate on August 1, 1988. 2. CITY AUTHORIZATION For the purpose of this Agreement, the City of Miami Department of Parks, Recreation and Public Facilities' (hereinafter "DEPARTMENT") will act on behalf of CITY in the fiscal control, programmatic monitoring, and modifications of this Agreement, except as otherwise provided by this Agreement. 3. GRANTEE AGREES: A) GRANTEE shall hold The Seventh Annual City of Miami Youth Baseball World Series in the Bobby Maduro Miami Stadium, from July llth through July 17th, 1988. 1 88--506 i r � n) GRhNTCE shall in§rite the (3.if:ety anti w(ACatti of tho partieipafits anti the attending crowds by securing the setvices of the CITY's Police, fire bepattMents in the fflannet ptesetibod by said departments. C) GRANTER shall obtain and arrange payment tot the necessary licenses and petmits as ptescribed by City Cone tot these events: D) GRANTEE shall further provide tot sufficient eve nt staffing, clean up, equipment, and sanitation services as prescribed by the Department of parks, Recreation and Public Facilities. E) GRANTEE shall list the City of Miami as co-sponsor and provide a press portfolio to the DEPARTMENT within thirty (30) days after the conclusion of the event. F) GRANTEE shall make the necessary arrangements and pay for all costs associated with the staging of said event, including any such costs for CITY services, fees, hotel accommodations, meals, awards and/or other related_ expenditures over and above the grant amount. If so requested by CITY, advance payment for any and'all above costs is required. G) If directed by the DEPARTMENT, GRANTEE shall enter into a use agreement for the Bobby Maduro Miami Baseball Stadium and shall comply with all `covenants and requirements stipulated therein. 4. GRANT: A) CITY shall allocate, as maximum compensation for the services outlined pursuant to Paragraph 3 hereof, an amount, not to exceed Thirty Thousand dollars ($30,000) which shall be used to cover all or partial costs of City uervices,'fees, hotel accommodations, meals, awards, and/or other related expenditures required for GRANTEE's events 13) Said compensation. shall.be paid on the following basis: (i) The CITY's Department of Parks, Recreation and Public Facilities shall handle' payment to all CITY. Departments for and on behalf of GRANTEE. to cover the cost of. City services, fees, or rents required and/or delivered in connection with said event. - 2 - 88--50Ei ( ii) As r(?imburu;efflenL of direct Payment- tot Any services, tees, tents, accommodations, meals, awards and/or other related expenditures maAe by GRANTEE up to the grant affir)Uht U110ii presentation of original paid bills and Copies ot Cahtel-it-ld checks for such services in connection with said event, (iii) Advance payments may be made 00oh receipt Ot original invoices, and/or agreements and a written request tram GRANTEE. Prior to any subsequent advance payment, jugtitiCntion of the previous advance mutt be submitted to the DEPARTMENT. All. payments shall be for expenditures incurred only during the Agreement period, and in compliance with the previously approved line -item budget. Such written request shall. contain a statement declaring and affirming that all disbursements were made in accordance with the approved budget. All documentation in support of such request shall. be submitted to the CITY at the time request is made, and all invoices are required to have been paid by the GRANTEE prior to submission of subsequent requests for advances. All reimbursements must be in line -item form and be in accord with this Agreement. All expenditures must be verified by original paid invoice with a copy of the cancelled check which was used to pay that specific invoice. in case that an invoice is paid by various funding sources, a copy of the invoice may be submitted but must indicate the exact apount paid by various funding sources equaling the total of the invoice. No miscellaneous categories will be accepted as a line -item in a budget. C) Such grant shall be paid in accordance with the approved line -item budget for CITY services, fees, hotel accommodations, meals, awards, and/or other related expenditures, attached and incorporated as a part of this Agreement. D) CITY shall have the right to review and audit the time records and related records of GRANTEE pertaining to any payments by CITY. 5. 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 sball be in writing to GRANTEE who shall be paid for expenses incurred %W506 3 - to 4 to the date of the receipt of the Notice of termination, ii applicable. In no Case, however* shall CITY pay GfitANT1,,E an amount in excess of the total grahL provided by this Agreement, tt is hereby understood by and between. CITY and GkANTn that any payments Made in aoonHahce with this Section to GRANTFC shall be made only it said GRANTEE is not in default uhrler the terms of this Agreement. tf the GRANTEE is in default, then C.1TY shall in no way be obligated and shall hot hay to GRANTfr any sum whatsoever. b. GENERAL CONDITION: A) All notices or other communications 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 being posted or the date of actual receipt, whichever is earlier. GRANTEE: City of Miami Youth Baseball Academies Inc. 331 SW 25 Ave. Miami, Florida 33135 CITY OF MIAMI: 3500 Pan American Drive Miami, Florida 33133 a B) Titles 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 in 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. CITY, 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 8e-50c) - 4 - game shall be deemed §tvdtablet And in eithet event, the remaining terms and Pt0Vi8i0h8 of this Agi-fBeMehi- shall. tefflAin Uhth6dified and in full force and effect, 7. AWARD OP AGREEMENT: GRANTEE warrants that it has not afflPloYtd Or tiatailled any person employed by CITY to solicit or secure this Agreement and that it has hot offered to Pay, Paid, or agreed to pay any perpon employed by CITY any fee, commission, percentage, brokerage fee, or gift of any kind Contingent Upon or resulting from the award of this Agreement. 8. NON-DELEGABILITYt The obligations undertaken by GRANTEE pursuant to this Agreement shall not be delegated or assigned to any other person or firm unless CITY shall. first consent in writing to the performance or assignment of such services or any part thereof by another person or firm. 9. CONSTRUCTION OF AGREEMENT: This Agreement shall be construed and enforced according to the laws of the State of Florida. 10. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. 11. AUDIT RIGHTS: A) Prior to the release of any cash 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 its assets and properly reconcile accounting transactions. CITY will not release any funds to GRANTEE prior to the receipt of this letter. This requirement may be waived by CITY where grant is made solely to cover CITY services and fees. 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. i C) CITY shall audit 41.1 ORARMS receiving $15,000 to MOM, unless said grant allocation is made solely to eover CITY §erviees and fees. b) All GRANTERS receiving cash grants of $25,000 or more agree to submit to bEPARTMENT an independent audit, by a certified public accountant. Said audit must include the expression of an opinion as to the actual and budgeted receipts and expenditures of CITY's funds. Said audit shall be submitted to DEPARTMENT no later than sixty (60) days after the termination of this Agreement or final receipt of CITY funds, whichever is applicable. This requirement maybe waived by CITY where grant is made solely to cover CITY services, rent and/or fees. 12. INDEMNIFICATION: GRANTEE shall indemnify and save CITY, its agents, officers and employees, harmless from and against any and all claims,, liabilities, losses, and causes of action, which may arise out of GRANTEE'S activities under this Agreement, including all other acts or omissions to act on the part of 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,., attorney's fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. 13. CONFLICT OF INTEREST: A) GRANTEE covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect, with CITY. GRANTEE further covenants that, in ,the performance of this Agreement, no person having such conflicting interest shall be employed. Any, such interests on the part of GRANTEE or its employees, must be disclosed in writing to CITY. 8) GRANTEE is aware of the conflict of interest laws. Of City Of Miami (Miami City Code Chapter 2, Article V), Dade County, Florida (Dade County Code Section 2-11,1) and the State 813-5Qf i - 6 - ■ Of Pl6rid6, and agrees that it will fully comply in all respects with the terms of said laws. 14, INDEPMMT 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 benetit8 under the Civil Service or pension Ordinances of the City or any rights generally afforded classified or unclassified employees, further; GMNTEE, its employees and agents shall not be deemed entitled to >+lorida Worker's Compensation benefits as an employee of the CITY. IS- DEFAULT PROVISIONSs In the event 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. 16. NON-DISCRIMINATION: GRANTEE agrees that it shall not discriminate as to race, sex, color, creed, national origin or handicap in connection with its performance under. this Agreement.',, 17. MINORITY PROCUREMENT COMPLIANCE: GRANTEE acknowledges that it has been furnished a copy of Ordinance No. 10062, the Minority Procurement Ordinance of the City of Miami, and agrees to comply with all applicable substantive and procedural provisions therein, including any amendments thereto. 18. WAIVER: 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 b wfle shall continue and remain in full force and effect. 19. CONTINdt"CY MhUsE: Funding for this Agreement i§ contingent on the availability of funds and continued authorization for program activities and is subject to amendment or termination dtte to lack of funds or authorization, reduction of funds, and/or change in regulations. 20. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Both parties shall comply with all applicable laws, ordinances and codes of Federal, State and Local Governments. 21. BONDING AND INSURANCE: A) During the term of this Agreement, GRANTEE. shall maintain bonding and insurance coverages in the amounts as determined by the Insurance Manager, General Services Administration of CITY. CITY shall be named as an additional insured on all liability policies. B) GRANTEE shall furnish certificates of insurance and bonding, as required, to CITY prior to commencing any activities under this Agreement. 22. 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 Agreement are no force or effect. 23. ASSURANCES AND CERTIFICATIONS: GRANTEE assures and certifies that: A) No activity under this Agreement shall involve political activities. B) 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 88-50C authorizing the P@tobn identified at the official ttptabehtAtivq of ORAHM to Act in t6fiheetibh W th ORANTth and to ptovirle such additional. information as may be required. C) All expenditures of funds shall b6 made In aecordance with the proposal and Line Item hudget (both tit which are attached hereto as Exhibita I and 2) at apptoved by CITY. The CITY shall not reimburse the GRANTEE for State Salo-9 Tax. b) Pxp@hditures of CITY funds shall be properly documented and such documentation will be maintained, E) Periodic progress reports at requested by CITY shall be provided by GRANTEE, F) GRANTEE shall be personally liable for any City funds expended that were not consistent with the program approved by the CITY or any funds expended not in accordance with proper accounting standards as determined by competent auditing authority. 24. AMENDMENTS: 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 the respective officials thereunto duly authorized, this the day and year first above written. CITY OF MIAMI a municipal corporation of thew State of Florida ATTEST! BY: Matty Hirai, City ClerkCesar H. Odio, City Manager ATTEST: GRANTEE: City of Miami Youth Baseball Academies, Inc., a Non -Profit Florida Corporation. Corporate Secretary By: (signature) (print name) (title) - 9 - 88-506 F'er7erai fir player 1-b" Number: APPROVED AS TO DEPARTMENTAL Walter E6-Golby, D—Ifofor Department of harks, Recreation and Public Facilities CORPORATE RESOLUTION WHEREAS, the Board of Directors of City of Miatri'youth Baseball Academies, tnc. has examined the t€ tths, conditions and obligations of the proposed contract with the City of Miami for the grant awarded in support of the 1988 Seventh Annual city of Miami Youth Baseball World Series to be held July llth through July 17th, 1988 in the Bobby Maduro Miami Stadium; and WIIEREhS, the Board of Directors, at a duly held corporate meeting, have considered the matter in accordance with the bylaws of the corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF City of Miami Youth Baseball Academies, Inc., that the President and Secretary are hereby authorized and instructed to enter into a contract in the name of, and on behalf of this organization with the City of Miami for the grant awarded in support of Seventh Annual City of Miami Youth Baseball World Series, in accordance with the contract documents furnished by the City of Miami, and for the price and upon the terms and payments contained in the proposed contract submitted by the City of Miami IN WITNESS WHEREOF, this 16th day, of May 1988: J Chairman, Board of Directors By print name title ATTEST: CORPORATE SECRETARY K, AW A CiTt 09,MIAMt YOUTH BASEBALL ACADIMtRSz_iNC. GRAWT BUDGET for SRVRNTA ANNUAL CITY OF MIAMI YOUTH SASRBAtt WORLD SERIES 29 titY OF MIAMI. KLORIDA INflEA4DP ICt MCMCIRANOUM To Honorable Mayor and Members of the City Commission FROM Cesar H. Odio City Manager �• e Reconnendation: DATE MAY 3 ' 1A88 FILE: Resolution Authorizing SUBJECT a Grant for "Seventh Annual City of Miami Youth Baseball World REFERENCES: Series" ENCLosuREs: Resolution, Agreement it is respectfully recommended that the City Commission adopt the attached resolution authorizing a grant of up to $30,000 to the City of Miami Youth Baseball Academies, Inc. in support of the "Seventh Annual City of Miami Youth Baseball World Series" to be held July llth through July lath, 1988 at the Bobby Maduro Miami Baseball Stadium, allocating said funds from monies previously appropriated in the Department of Parks, Recreation and Public Facilities General Budget, Recreation Division, Aid -to -Private Organizations line -item code No. 580301-930, and authorizing the City Manager to execute a grant agreement for this purpose. Background: The Department of Parks, Recreation and. Public Facilities has been cosponsoring the " The Youth Baseball World Series " for the past seven years. The series attracts teams from all over South America, the Caribbean and Europe. This year eight (8) teams will participate, and the series is expected to attract 40,000 spectators throughout the week. Teams from Italy, Belgium, Mexico, Guatemala, Dominican Republic, Puerto Rico and the Bahamas will be competing with the host MIAMI-USA. This series gives the Department of Parks, Recreation and Public Facilities the opportunity to showcase the "Magic City" as a tourist, youth oriented, recreation and sports community. The greatest impact of the series is the positive images of Miami that the participants and their delegations will carry back to their respective countries. Each delegation is accompanied by members of the International Press, which will transmit these positive images to their citizenry, our future tourist, through the mass media. ;29 —1. �B�SOIa �R Hobotable Mayot acid Membets bf the City Coffitaissi6h Page The Proctor & Gamble Company's Crest brand has 'costmitted $10,000 in direct funds, plus the services of Mass Advertising, a local public relations firm, in support of this year's series, thus 'becoming our first major corporate cosponsor. Mass Advertising will be working with the promoters and the Department of Parks, Recreation and Public Facilities in the promotion of the event. This commitment is contingent upon the City's agreement to support the event as aforementioned. It is therefore recommended that the City of Miami Youth Baseball Academies, Inc. be given a grant agreement containing all necessary safeguards for the protection of City property and funds.