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HomeMy WebLinkAboutO-10393.1-88-2:31 ORDINANCE NO.+ AN EMERGENCY ORDINANCE ESTABLISHING A SPECIAL, REVENUE FUND ENTITLED ".1988 BUDWEISER REGATTA" APPROPRIATING FUNDS FOR SAME IN THE AMOUNT OF $15,000 FROM A GRANT FROM METROPOLITAN DADE COUNTY TOURIST DEVELOPMENT TAX REVENUES FOIE THE: PURPOSE OF PROMOTING AND PRODUCING THE 18T11 ANNUAL BUDWEISER UNLIMITED HYDROPLANE REGATTA TO BE HELD JUNEE 3, 4 AND 5, 1988 AT THE MARINE STADIUM; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE .FORM ATTACHED WITH METROPOLITAN DADE COUNTY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the City of Miami was awarded a grant of $75,000 from Metropolitan Dade County Tourist Development Room Tax Revenues (Category 2) for the purpose of promoting and producing the 18th Annual Budweiser Unlimited Hydroplane Regattato he held ,Tune 3, 4 and 5, 1988 at the Marine Stadium; and WHEREAS, the Dade County Board of County Commissioners allocated $75,000 for this grant and has approved payment to the City of Miami contingent upon the execution of a grant agreement in substantially the form attached; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA; Section 1. The following Special Revenue Fund is hereby established and resources are' hereby appropriated as described herein: FUND TITLE: 1988 Budweiser Regatta RESOURCES: Metropolitan Dade County Tourist DevelopmentRoom Tax Revenues Category (2) $75,000 APPROPRIATION: 1988 Budweiser Regatta $75,000 Section 2. The City Manager is hereby authorized to accept said grant and to execute an agreement, in substantially the form attached, with Metropolitan Dade County. J-88.-231. 2-11-88 ORDINANCE NO, 1031144-3. AN EMERGENCY ORDINANCE, ESTABLISHING A SPECIAL REVENUE FUND ENTITLED "1988 BUDWEISER REGATTA"; APPROPRIATING FUNDS FOR SAME IN THE AMOUNT OF $75,000 FROM A GRANT FROM METROPOLITAN DADE COUNTY TOURIST DEVELOPMENT TAX REVENUES FOR THE PURPOSE OF PROMOTING AND PRODUCING THE 18TH ANNUAL 13UDWEISER UNLIMITED HYDROPLANE REGATTA TO BE HELD JUNE 3, 4 AND 5, 1988 AT THE MARINE STADIUM, AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE FORM A,rTACHED WITH METROPOLITAN DADE COUNTY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the City of Miami was awarded a grant of $75,000 from Metropolitan Dade County Tourist Development Room Tax Revenues (Category 2) for the purpose of promoting and producing the 18th Annual Budweiser Unlimited Hydroplane Regatta to be held_ June. 3, 4 and 5, 1988 at the Marine Stadium; and WHEREAS, the Dade County Board of County Commissioners allocated $75,000 for this grant and has approved payment to the City of Miami contingent upon the execution of a grant agreement in substantially the form attached; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA; Section 1. The following Special Revenue Fund is hereby established and resources are hereby appropriated as described herein: FUND TITLE: 1988 Budweiser Regatta RESOURCES: Metropolitan Dade County Tourist Development Room, Tax Revenues Category (2) $75,000 APPROPRIATION: 1988 Budweiser Regatta $75,000 Section 2. The City Manager is hereby authorized to accept said grant and to execute an agreement, in substantially the form attached, with Metropolitan Dade County, y 3.5 ♦ 4 S ri. k ...� � nt�.r ., �, 10393, C-14 e Section 3. Al]. ordinances or parts of ordinanoes insofar as they are inconsistent or in conflict with the provisions of this ordinance are hereby r(7:,pealed. Section 4 If any section, part of section, paragrapht clause, phrase or word of this ordinance is declared invalid, the remaining provisions of this ordinance shall not be affected. Section 5. This ordinance is hereby declared to be an emergency measure on grounds of urgent protection of public health, safety and property of the City of Miami and upon the further ground of the necessity to implement the required and necessary payroll and accounting procedures, to make the necessary and required purchases of goods and supplies,• and to generally carry on the function and duties of municipal affairs. Section 6. The requirement of reading this ordinance on two separate days is hereby dispensed with by a vote of not less than four -fifths -of the members of the Commission. PASSED AND ADOPTED THIS 10th day o March 1988. XAVIER L. 4UAREZ ATT S MATHIRAI, CITY CLERK FISCAL REVIEW: BUDGETARY REVIEW: Cn-0,S GARCIA, DIRECTOR FRANK MAY, ACX—NG DIRECTOR FINANCE MANAGEMENT-i4n BUDGET PREPARED AND APPROVED BY; APPROVED AS TO FORM AND CORREC;iRSS: ROBERT F, CLARK LEJCIA A, DO HERTY GRANT AGREEMENT bETWEEN METROPbLITAN bADE CO11RM FLORIDA AND CITY OF MIAMI, FLORIDA THIS AGREEMENT, made and entered into this day of 1988, 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: t 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; and WHEREAS, the County desires to enter into an agreement with the Grantee to provide such funds in support of the 18th Annual Budweiser Unlimited Hydroplane Regatta (the "Event") to be held at Miami Marine Stadium, Dade County, Florida, on June 3 through 5, 1988; 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 $75,000 as provided in Section III of this Agreement to the Grantee (the "Grant"), to be used for the production and promotion of the Event, an annual boat race, to be held at the Miami Marine Stadium, Dade County, Florida on June 3 through' 5, 1988. The funds shall be.expended toward activities including advertising and marketing the Event both locally and elsewhere to foster attendance at the regatta, and providing technical and support services for production of the Event and possible production of a nationally televised special program featuring the Event and Dade County, s 2. To include the following credit=line In all neWs releases and publications related to the Grant: "With the support of Metropolitan Dade County." 3 To submit to the county Manager by September 15, 1988, written reports 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, 4. To submit to the County Manager or his designee such other written financial and activity reports and documents as the County Manager or his designee may reasonably request concerning the Grantee's activities. 5.- To make such presentations regarding the Event or the Grant as may be required before the Board of County Commissioners. 6. 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 payment under this Agreement. All such records shall be retained in Dade County 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. 7. To permit, upon request, authorized representa- tives of the County to inspect and audit all 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 (j) years following payment under this Agreemeht. B. To promptly reimburse the County for any expenditures which are not authorised by or within the scope of the Grant, as determined in the sole discretion of the County Manager; within thirty (30) days after such determination. 9. To complete all expenditures of funds from the Grunt within ninety (90) days after the end of the Event, unless the County Manager or his designee agrees in writing to extend the time for specific expenditures. 10. 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. III. PAYMENT SCHEDULE The County agrees to pay to the Grantee the sum of $75,000 payable as follows: April 1, 1988 $25,000 May 1, 1988 $25,000 June 1, 1988 $25,000 Payment of one or all of the above payments pursuant to this schedule does not constitute a waiver of the County's rights or the Grantee's obligations under this Agreement. 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. 21 In the event a claim or lawsuit is brought against the County, the Grantee hereby agrees to indemnify, save harmless, and defend the County against any and all claims, liabilities, losses IL039 for a period of three (3) years following payment under this Agreement. B. 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) days after such determination. 9. To complete all expenditures of funds from the Grant within ninety (90) days after the end of the Event, unless the County Manager or his designee agrees in writing to extend the time for specific expenditures. 10. 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. III. PAYMENT SCHEDULE The County agrees to pay to the Grantee the sum of $75,000 payable as follows: April 1, 1988 $25,000 May 1, 1988 $25,000 June 1, 1988 $25,000 Payment of one or all of the above payments pursuant to this schedule does not constitute a waiver of the County's rights or the Grantee's obligations under this Agreement. 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. 2. in the event a claim or lawsuit is brought against the County, the Grantee hereby agrees to indemnify, save harmless, and defend the County against any and all claims, liabilities, losses, k 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. V. T8RMINATION 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. Failure by the County to fund any or all of the Grant or perform any obligations 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) 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 4 IL03-9 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 3M8 If to the GRANTEE: City manager 3500 Pan American Drive Miami, Florida 33133 'VI'I. 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 liA, 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. i IN WITNESS tMOV, the partles hereto have set their hands and seals this day and year first above Written METROPOLITAN DADS COUNTY CITY OF MIAMI ny1 County Manager ATTEST: By: City Manager County clerk City Clerk APPROVED AS TO LEGAL FORM AND EFFICIENCY: County Attorney City Attorney Authorized by the Dade County Board of County Commissioners on November 17, 1987, by Resolution No. R-1588-87 and on January 19, 1988, by Resolution No. R-65-88. cltY OK WAMI, PLOAit)A fi4lI�C+1 -t IC1= McMORANDUM TO The Hohorable Mayor and Members of the City Commission N FROM Cesar H. Odi 35 DATE: r�y%11� ^r � f) PILE. SU9JECT Emergency ordinance*. Special Revenue Fund Entitled 111988 Budweiser REFERENCES Regatta" City Manager ENCLOSURES proposed Ordinance, Dade County Grant Agreement RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached emergency ordinance to establish a special revenue fund entitled: "1988 Budweiser Regatta" in the amount of $75,000 from Metropolitan Dade County Tourist Development Room Tax Revenues. In addition, the ordinance authorizes the City Manager to execute a grant agreement with Metropolitan Dade County in substantially the form of the attached agreement. BACKGROUND: The Department of Parks, Recreation and Public Facilities has been producing the Budweiser Unlimited Hydroplane Regatta for the past seventeen years at the Marine Stadium. A grant of $751000 has been approved by the Tourist Development Council and allocated by the Dade County Board of County Commissioners for the purpose of promoting and producing this year's 18th Annual Budweiser Unlimited Hydroplane Regatta to be held June 3, 4 and 5, 1988. This $75,000 grant and funding already in the FY 188 Marine Stadium operating budget for the production of the Regatta will be sufficient to cover all Regatta expenditures. Adoption as an emergency ordinance is requested so expenditures can, be made on receipt of grant funds which Dade County has scheduled for release in three $25,000 payments on April lst, May lst and June lst. 35-1 10 3KI 35 CIt Y OP MIAM1. PI-0011JA PdlCNiORANDUM TO The Honorable Mayor and Members of the City Commission FROM Cesar H. Odi DATE: I.i"y .r. SUBJECT Emergency ordinance: Special Revenue Fund Entitled "1988 Budweiser REFERENCES: Regatta" City Manager ENCLOSURES, Proposed Ordinance, Dade County Grant Agreement RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached emergency ordinance to establish a special revenue fund entitled: "1988 Budweiser Regatta" in the amount of $75#000 from Metropolitan Dade County Tourist Development Room Tax Revenues. In addition, the ordinance authorizes the City Manager to execute a grant agreement with Metropolitan Dade County in substantially the form of the attached agreement. BACKGROUND: The Department of Parks, Recreation and Public Facilities has been producing the Budweiser Unlimited Hydroplane Regatta for the past seventeen years at the Marine Stadium. A grant of $75,000 has been approved by the Tourist Development Council and allocated by the Dade County Board of County Commissioners for the purpose of promoting and producing this year's. 18th Annual Budweiser Unlimited Hydroplane Regatta to be held June 3, 4 and. 5, 1988. This $75,000 grant and funding already in the FY 188 Marine Stadium operating budget for the production of the Regatta will be sufficient to cover all Regatta expenditures. Adoption as an emergency ordinance is requested so expenditures can be made on receipt of grant funds which Dade County has scheduled for release in three $25,000 payments on April 1st, May 1st and June 1st. J5- IL0393 i city or MIAMI FSAIstE COUNTY, PLONIDA LkOAL tNOT1169 f All interested persons Will take notice that on the 101h ifay of March, 1988, the City Commission of Miami, Florida, adopted the following titled ordinances: ORDINANCE NO. 10393 i AN EMERGENCY ORDINANCE ESTABLISHING A SPECIAL REVENUE FUND ENTITLED "1988 BUDWEISER REGATTA", AND APPROPRIATING FUNDS FOR SAME IN THE AMOUNT" OF $75,000 FROM A GRANT FROM METROPOLITAN DADE COUNTY TOURIST DEVELOPMENT, TAX REVENUES FOR THE PURPOSE OF PROMOTING AND PRODUCING THE 18TH i ANNUAL BUMIAMI REVIEW OBEHELDtWEISER JUNE3,4A D51988ATUNLIMITEDDTHEMARINESTADIOPLANEA- � UM; AUTHORIZING THE: CiTY MANAGER TO ACCEPT SAID Published Daily except Salurda,r. Sunday ano GRANT AND TO EXECUTE AN AGREEMENT, IN SUBSTAN• t Leyat Holidays TIALLY THE FORM ATTACHED WITH METROPOLITAN DADE Miami, Dade County. F+or„1iCOUNTY; CONTAINING A REPEALER PROVISION AND A I y SEVERABILITY CLAUSE. STATE OF FLORIDA ORDINANCE NO. 10394 COUNTY OF DADE: AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF Before the undersigned authority Personally a ORDINANCE NO. 10547, ADOPTED NOVEMBER 19, 1987, Sookie Williams, who on oath says that she !s thePVice THE CAPITAL IMPROVEMENTS APPROPRIATIONS President of Legal Advertising of the Miami Review, a daily ORDINANCE, AS AMENDED, REAPPROPRIATING $75,000 (except Saturday, Sunday and Legal Holidays) newspaper, FROM PROJECT NO, 331303, "CITYWIDE NEIGHBORHOOD published at Miami in Dade County, Florida; that the attached PARK RENOVATIONS" TO PROJECT NO. 331042, LUMMUS COPY of advertisement, being a Legal Advertisement of Notice PARK REDEVELOPMENT -PHASE 1, SUBJECT TO APPLICA- in the matter of BLE CITY CODE PROVISIONS; CONTAINING A REPEALER CITY OF MIAMI PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO, 10395 ORDINANCE NO. 10393 i AN EMERGENCY ORDINANCE ESTABLISHING .A J j STORMWATER UTILITY SYSTEM FOR THE CITY OF MIAMI; I MAKING CERTAIN FINDINGS AND DETERMINATIONS; ESTABLISHING A SCHEDULE OF RATES; ESTABLISHING A METHOD AND PROCEDURE FOR THE COLLECTION OF STORMWATER UTILITY FEES; PROVIDING GROUNDS AND t In the ..... X X X PROCEDURES FOR ADJUSTMENT OF FEES; DIRECTING Court, THE CiTY MANAGER TO KEEP RECORDS; ESTABLISHING was published in said newspaper in the issues of STORMWATER UTILITY TRUST FUND; AND PROVIDING AN EFFECTIVE DATE, March 14, 1988 ORDINANCE NO.10396 AN EMERGENCY ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMi, FLORIDA, AS AMENDED, BY I AMENDING SECTION 62.61, ENTITLED "SCHEDULE OF Aftiant further says that the said Miami Review is a FEES," OF CHAPTER 62, ENTITLED "ZONING AND { newspaper published at Miami in said Dade County, Florida. PLANNING," BY CHANGING THE FEE SCHEDULE FOR THE and that the said newspaper has heretofore been continuously FILING OF APPLICATIONS TO CHANGE ZONING DISTRICT published In said Dade County, Florida, each day eyedlexcept CLASSIFICATIONS, TO MODIFY REGULATIONS AFFECTING second classdmail and att rraatHthe ppostaoficesineMiamitinesaid THE USE OF ANY PROPERTY, TO AMEND THE CITY'S COM- the f County, Florida, fora period of one year next preceding PREHENSIVE DEVELOPMENT PLAN, OR TO SECURE ANY the firs ubliCher s says of the attached copy of advertisement; and SPECIAL- PERMIT REQUIRED BY THE CITY'S ZONING affian u ther says that she has neither paid nor promised any pars rm or corporation any discount, rebate, commission ORDINANCE; CONTAINING A REPEALER PROVISION AND or r fu for the purpose of securing, this advertisement for A SEVERABILITY CLAUSE. pu is ion In th said newspaper, ORDINANCE NO. 10397 ttrfr AN EMERGENCY ORDINANCE AMENDING SECTION 2.75 AND 2.76 OF THE CODE OF THE CITY OF MIAMI "FLORIDA " AS AMENDED, WHICH ESTABLISHED FEES FOR THE EXAM. (NATION OF PLANS FOR COMPLIANCE WITH THE ZONING and sutjscribed before me this ORDINANCE AND FOR ZONING.CERTIFICATES OF USE; BY • ``� MAKING NECESSARY CORRECTIONS AND ADDING FEES 1 4..� day of , .. Ma,r i h „ A.D. 19 88 FOR THE REVIEW OF PLANS FOR SPECIAL PERMITS ' h' Y t AND/OR PUBLIC HEARING FURTHER MAKING NECESSARY . CORRECTIONS TO COVER THE CITY'S COST FOR: THE .i•' f L/'?rPutlt�grancheiENFORCEMENT F{$t�of Florida at Large - O THE ZONING - ORDINANCE; .�' • ., �� CONTAINING•A REPEALER PROVISION AND A SEVERABiL- (SEAL)i t7� • • • �{�, ITY. CLAUSE. MR 11 A i ty t �" t`,�9gt AN EMERGENCY ORDINANCE AMENDING SECTION 5 OF ORDINANCE NO., 6145, ADOPTED MARCH,19, 1958,,AS. AMENDED, WHICH ESTABLISHED FEES FOR ,BUILDINO, PLUMBING,ELECTRICAL, MECHANICAL (INCLUDING BOILER AND ELEVATOR) INSPECTION; PERMIT.AND.CER- TIFICATE FEES, BY ADDING AND INCREASING SOME FEES AND CLARIFYING CERTAIN ITEMS IN SAID SECTION 5, TO. !! l COVER THE COST PRIMARILY FOR THE ENFORCEMENT . t' jOF THE SOUTH FLORIDA BUILDING CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE. 11 Said ordinances may be inspected by the public at the Office of j the City Clerk', 3500 Pan American ,Drive, Miami, Florida, Monday (I(1 through Friday, excluding holidays, between the hours of 8,00 A.M. ; and 5:00 RM. i MATTY HiRAI l CITY CLERK, CITY OF MIAMI, FLORIDA � (H4240)` 3114 68 03148AM