HomeMy WebLinkAboutR-87-0338J-87-304
3/3 0/87
RESOLUTION NO. 87--338e .
A RESOLUTION RATIFYING THE DISCONTINUANCE OF
CONTRACTUAL RELATIONS BETWEEN THE CITY OF
MIAMI ("CITY") AND MIAMI-DADE TRADE & TOURISM
COMMISSION, INC. ("MIAMI-DADE") AND
RECONFIRMING THE PREVIOUSLY STATED POSITION
OF THE CITY THAT NO FURTHER CITY FUNDING TO
MIAMI-DADE BE CONSIDERED BY VIRTUE OF THE
CONTRACTUAL DEFAULTS OF MIAMI-DADE.
WHEREAS, the City of Miami ("City") entered into an
agreement with Miami -Dade Trade & Tourism Commission, Inc.
("Miami -Dade") on or about August 23, 1985, as amended from time
to time, which authorized City funding to this Florida not -for -
profit corporation upon the stipulations, terms and conditions
set forth in the aforementioned documents; and
WHEREAS, primarily through the funding source of Special
Programs and Accounts, Contingent Fund, the City has assisted in
funding Miami -Dade in order to facilitate the accomplishment of
civic and community purposes, as provided for in the
aforementioned agreements and by Miami-Dade's charter, bylaws and
Articles of Incorporation; and
WHEREAS, the agreements between the City and Miami -Dade
expired on October 31, 1986, and representatives of Miami -Dade
had contacted the City's administrative staff regarding the
possibility of future funding for Miami -Dade; and
WHEREAS, on or about January 1, 1987, the City was served
with a Notice of Levy by the Internal Revenue Service for the
principal sum of $6,498.0 3, which represents twenty-five (2 5)
percent of delinquent payroll taxes not paid by Miami -Dade to the
federal government; and
WHEREAS, on or about January 7, 1987, the City Manager's
Office communicated by telegram to Miami -Dade stating that the
City would not in any way shape, form, renew or amend the
Miami -Dade contract which had expired and would not fund any
liability or indebtedness of Miami -Dade incurred or accruing
subsequent to October 31, 1986; and
CTPY COMMSION
MEETING OF
WHEREAS, various creditors, merchants, suppliers and
businesses whom contracted with Miami -Dade have been requesting
that the City pay the bills incurred by Miami -Dade; and
WHEREAS, the City wishes to make it publicly known through a
resolution passed by its City Commission that the City will not
enter into any further agreements with nor fund Miami -Dade, and
further that the City Commission expressly confirms the city
administration's foregoing actions to Miami -Dade as reflected in
the City's January 7, 1987 telegram;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA%
Section 1. The action of the City Manager as reflected
in a telegram transmitted by the City Manager's Office to
Miami -Dade Trade & Tourism Commission, Inc. ("Miami -Dade") on
January 7, 1987, which stated that the City would not renew
Miami-Dade's contract nor continue to fund Miami -Dade, is hereby _
approved and ratified.
Section 2. The City hereby publicly announces its
intentions not to be responsible for the debts and defaults of
Miami -Dade and hereby abrogates any further funding, grants or
loans to Miami -Dade, and the City further reserves all of its
legal rights and remedies against Miami -Dade including, without
limitation, its right to recapture funds by virtue of the
defaults of Miami -Dade.
Section 3. The City Administration, with the concurrence
of the City Attorney, is authorized to contest or alternatively
compromise and settle the $6,498.0 3 Internal Revenue Services
Levy served upon the City due to Miami-Dade's claimed payroll tax
delinquency.
Section 4. The City Administration is hereby instructed
to transmit a copy of this resolution to Miami -Dade through the
U.S. mail and to let it be known that any creditors of Miami -Dade
must seek satisfaction of their payments from any assets of
Miami -Dade.
PASSED AND ADOPTED this 9th day of
ATTEST •
MATTY HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
zee-04� xf
RAFAEL E. SUAREZ-R VAS
ASSISTANT CITY ATTORNEY
APPROVE
7 TO FORM AND CORRECTNESS:
CIA A. DOUGHE Y, CITY ATTORNEY
RS R/yv/M381
- 3-
April
.
87. _
r7}
�SS�
r
Resolution
Agreement
CITY OF MIAMI, FLORIOA
INTER -OFFICE MEMORANDUM
TO; Hon3rable Mayor and Members carE, Py!;;� „ 'i FILE:
of the City Commission E• 196
T.R.S. Levy and Resolution _
+ SUBJECT: Cancelling Existing Contract
with Miami -Dade Trade and
�•�r Tourism
FROM: Cesar H. Od i o{f V REFERENCES:
City Manager
ENCLOSURES:
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt the
attached Resolution authorizing the cancellation of agreements between
the City of Miami and Miami -Dade Trade and Tourism as well as
discontinuing all City funding to Miami -Dade.
BACKGROUND:
The Department of Community Development has analyzed the need to
terminate all agreements between the City and Miami -Dade Trade and
Tourism. Miami -Dade is in default of various obligations under the
contract including, without limitation, failure to pay Federal payroll
and withholding taxes, causing an I.R.S. levy upon the City for those
funds , failure to carry the required insurance and failure to pay its
bills due and payable to third parties.
Attached, for your consideration and adoption, is a
approving the cancellation and termination of the 1985
between the City and Miami -Dade, as amended, as we
further funding by the City to Miami -Dade.
HYATT REGENCY MIW7---
CITY CENTER AT RIVE! k
• 400 SE SECOND AVENU,,
MIAMI. FLORIDA 33131.2197 USA
305 355 1234 TELEX =,14316
10"IN,
April 7, 1987
Honorable Xavier Suarez
Mayor
CITY OF MIAMI
3500 Pan American Drive
Miami, FL 33133
Dear Mayor Suarez:
G 7
I can only hope my attached letter to Steve Nostrand is self-
explanatory. As you know, as everyone knows, salary administration
is only a small part of the many problems existing within the Greater
Miami Convention & Visitors Bureau.
I strongly feel now is the time for our City to take the lead and
control of its own destiny with regards to tourism and convention
solicitation. We certainly have the talent within the offices of
Tony Pajares, Terry Buice and company. It is in the City's own
best interest that we consolidate our own funds and give greater
support to Mr. Pajares' efforts.
I must say, though, that in theory I do agree with a coalition
concept but unfortunately, all of us know by now that it just
will not work. There are those that will say that if we go back
to the "old way", the result will be detrimental to us all, i.e.
the City vs. the Beach. The fact of the matter is that this is
exactly what we have today, as in the case of the State Democratic
Convention this September.
In addition, I also feel strongly that we should give higher priority
toward the development of our own Convention Center, if we are
not doing this already.
I thank you for listening.
behael
l
11
Cassidy
General Manager
MC:ip
cc: Cesar H . Odio
2
i
�. i