HomeMy WebLinkAboutR-85-10230
RESOLUTION NO. Su-r1023
A RESOLUTION ALLOCATING AN AMOUNT NOT TO
EXCEED $75,000 FROM SPECIAL PROGRAMS AND
ACCOUNTS, CONTINGENT FUND, TO COCONUT
GROVE CARES, INC. I14 SUPPORT OF THE
VIRRICK GYM YOUTH BOXING PROGRAM;
AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, WITH C00014UT GROVE
CARES, INC.
WHEREAS, Motior No. 81-353 of April 23, 1981, expressed the
desire of the City Commission to have Coconut Grove Cares, Inc.
offer a Youth Bc-xir.g Program ; ar.d
WHEREAS, the City of Miami has further supported the Youth
Boxing Program in Virrick Gym with cash grants since 1981; and
WHEREAS, Coconut Grove Cares, Irc. has requested a $75,000
cash grant for the Youth Boxing Program to cover operating costs
for 1985-1986;
NOW, THEREFORE, BE IT RESOLVED BY 'THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section. 1. An amount rot to exceed $'75,000 is hereby
allocated from Special Programs and Accounts, Contingent Fund to
Coconut Grove Cares in support of the Virrick Gym Youth Boxing
Program for the cost of operating expenses for 1985-1986.
Section 2. Said allocation is cor.tirger.t upon Coconut Grove
Cares, Inc. providing a matching amount either from other grant
awards, donations, or in -kind services.
Section 3. The City Manager is hereby authorized to execute
an agreement, in a form acceptable to the City Attorney, with
Coconut Grove Cares, Inc.
PASSED AND ADOPTED this loth day of OCTOBER , 1985.
{ MAURICE A. FERRE
MAYOR
CITY COMMISSION
MEETIUC OF
OCT 10 1985
ON No. 8J
PREPARED AND APPROVED BY:
Robert F. Clark
Chief Deputy City Attorney
APPROVED S TO FOHM AND CORRECTNESS:
L ucia A.,/Dougherty,
City Attorney
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This Agreement entered into this day of , 1985,
by and between the City of Miami, a municipal corporation of the
State of, Florida, hereinafter referred to as "CITY" and Coconut
Grove Cares, Ioc. hereinafter ref=rT-e,,' Lc .. 'IrRANTFEII.
WITNESSETH:
WHEREAS, the City Commission, by Resolution No. of
, allocated an amount not to exceed $75,000 to
GRANTEE, in support of the Virrick Gym Youth Boxing Program,
contingent upon the provision of a matching amount either from
other grant awards, donations, or in -kind services, with monies
from Special Programs and Accounts, Quality of Life Fund; and
WHEREAS, the City Commission by Resolution No. of
t , , authorized the City Manager to enter into an
agreement with GRANTEE;
NOW, THEREFORE, CITY and GRANTEE do mutually agree as follows:
1. TERM:
The term of this Agreement shall be from October 1, 1985 through
September 30, 1986.
2. CITY AUTHORIZATION
For the purpose of this Agreement, the City of Miami Department
of Parks and Recreation (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.
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3. GRANTEE AGREES:
A) GRANTEE shall offer an amateur boxing program primarily for
youth 17 years old and younger, Monday through Friday, from noon
to 8 p.m. The program shall also include two (2) amateur boxing
matches per month except during September.
B) GRANTEE shall maintain a mini;num participation, of one
part i _J par.t per $1 , 000 of City grant funds, computed monthly, of
which 75% shall reside within the City of Miami and shall be 17
years old or younger. Each participant shall average two visits
to the program per week.
C) GRANTEE shall provide the necessary personnel as may be
required during the peak hours of the program.
D) CITY shall reserve and exercise the right to monitor on a
weekly basis, and direct GRANTEE to make changes in programs and
activities under this Agreement.
E) GRANTEE shall provide to DEPARTMENT, in writing, schedules of
all programs, activities, events, etc. on a monthly basis prior
to initiation. In the event of a change to such schedule GRANTEE
shall notify CITY in writing no less than 15 days from date of
said change. GRA14TEE shall be notified in writing by DEPARTMENT
as to any changes it will require to be made. In the event that
GRANTEE disagrees with such changes, then the dispute shall be
submitted to the City Manager for final resolution. Such rights
shall also include safety procedures, administration, staff
policies, conduct and operational policies.
F) GRANTEE saall be required to follow standards which closely
relate to existing CITY policies for all aspects of the program.
However, the following functions shall be included as mandatory
operating procedures of GRANTEE:
(i) All participants shall be �.-- p p registered and identified on
a daily sign -in form. To this effect, a weekly report of all
registered participants shall be submitted every Monday (or
Tuesday, if Holiday) regarding the week prior.
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.or,
( i i ) Rules and regulations shall be established regarding
staff responsibilities and parameters, to be submitted for CITY
approval.
(iii) Rules and regulations shall be established (as approved
by CITY) and posted in visible areas of the facility and enforced
by GRANTEE.
il The schedulir., of work-outs by ; r-f� s: i�i.d' shay i be
at a designated time other than the scheduled hours for amateur
training.
G) Personnel to be employed by GRA14TEE under this Agreement
shall have no previous felony convictions and shall be
knowledgeable in the field of boxing or related recreation areas.
H) CITY shall reserve the right to review and approve all
personnel employment criteria and further, CITY reserves such
rights for final approval of all employees to be either employed
or on a volunteer basis with the program, excluding the position
of Executive Director as currently held by Ms. Elizabeth L.
Virrick.
I) GRANTEE shall submit, every two weeks, a work schedule of all
coaches, trainers, and volunteers. CITY shall assume no
responsibility for staffing.
J) GRANTEE assumes responsibility for and shall comply with all
local, state and federal laws and regulations regarding personnel
working under this program.
K) GRANTEE shall provide documentation on a monthly basis of the
match requirements. Such documentation may include gate receipts
for athletic events, donations, and volunteer time sheets.
4. COMPENSATION:
A) CITY shall pay GRANTEE, as maximum compensation for the serv-
ices outlined pursuant to Paragraph 3 hereof, $75,000.
B) Such grant shall be paid on the following basis:
(1) $10,000 as an advance 15 days after the execution of
this Agreement and upon the receipt of unpaid bills and/or
agreements and documentation of the match requirements as
described in Section 3.K.
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(ii) The balance shall be paid as reimbursements in a total
of eleven. (11) monthly payments. Each payment shall be made upon
the receipt of paid bills and/or agreements and documentation of
the match requirements as described in Section 3.K.
C) Prior to the receipt of the 1st monthly reimbursement
described above, GRANTEE must submit original paid bills
documenting t.hr -x-)-rse or thie $10,000 adovance. Copies of
cancelled cheeks documenting said expense shall be provided to
DEPARTMENT no later than sixty (60) days after receipt of the
advance.
D) Such grant shall be paid in accordance with the approved line
item budget attached and incorporated as a part of this
Agreement.
E) CITY shall have the right to review 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 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 grant 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 the GRANTEE is in default, then CITY shall in
no way be obligated and shall not pay to GRANTEE any sum whatso-
ever.
6. GENERAU 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
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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.
GRANTEI: C00014UT GROVE CARES, T',:r.
P.O. BOX 331390
MIAMI, FLORIDA 33133
CITY OF MIAMI - 2600 South Bayshore Drive
Miami, Florida 33133
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 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 the 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.
7. 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 prey, paid, or agreed to pay any person em-
ployed by CITY any fee, commission, percentage, brokerage fee, or
gift of any, kind contingent upon or resulting from the award of
this Agreement.
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8. NON-DELEGABILITY:
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 per-
son or firm.
g. 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) GRANTEE Shall provide CITY with 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 record funds. CITY will not release any funds to
GRANTEE prior to - the 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 will submit to
DEPARTMENT 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 DEPARTMENT no later than 30 days after the
termination of this Agreement or final receipt of CITY funds,
whichever is applicable.
13. INDEMNIFICATION:
GRANTEE shall indemnify and save CITY harmless from and against
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any and all claims, liabilities, losses, and cause of action,
which may arise out of GRANTEE'S activities under this Agreement,
including all other acts or ommissions to act on the part of
GRANTEE, including any person acting for or on his/her behalf
and, from and against any orders, judgements or decrees which may
be entered and frorn and against all costs, attorney's fees,
expenses and liabilities incurred in the defense of any such
claims, or in the investigatior. thereof.
14. CONFLICT OF INTEREST:
GRANTEE is aware of the conflict of interest laws of CITY (Miami
City Code Chapter 2, Article V), Dade County, Florida (Dade
County Code Section 2-11.1) and the State of Florida, and agrees
that he/she will fully comply in all respects with the terms of
said laws.
15. INDEPENDENT CONTRACTOR:
GRANTEE and its employees and agents shall be deemed to be inde-
pendent contractors, and not agents or employees of CITY, and
shall not attain any rights or benefits under the Civil Service
or Pension Ordinances of CITY, or any rights generally afforded
classified or unclassified employees; further its employees and
agents shall not be deemed entitled to Florida Worker's Compensa-
tion benefits as an employee of the CITY.
16. DEFAULT PROVISIONS:
In the event GRANTEE fails 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
V7 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.
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17. NON-DISCRIMINATION:
GRANTEE agrees that there shall be no discrimination as to race,
sex, color, creed or national origin in connection with any
operations under this Agreement.
18. MINORITY PROCUREMENT COMPLIANCE:
O;tANTEE acknowledges that he/shy ' ^r fl-r i coi)y of
Ordinance No. 9775, the Minority Procurement Ordinance of the
City of Miami, and agrees to comply with all applicable substan-
tive and procedural provisions therein, including any amendments
thereto.
19. 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 same shall continue and remain in
full force and effect.
20. CONTINGENCY CLAUSE:
Funding for this Agreement is contingent upon 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.
21. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS:
Both parties shall comply with all applicable laws, ordinances
and codes of federal, state and local governments.
22. BONDING AND INSURANCE:
A) During the term of this Agreement, GRANTEE shall maintain
bonding and insurance coverages in the amounts as determined by
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the Risk Management Division of CITY. CITY shall be named as an
additional insured.
B) GRANTEE shall furnish certificates of insurance and bonding,
as required, to CITY prior to commencing any activities under
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this Agreement.
23. ASSURANCES AND CERTIFICATIONS:
GRAPNEL assures and certifies ch,it:
A) All expenditures of funds will be made in accordance with the
proposal and line item budget (both of which are attached hereto
as Exhibits 1 and 2) as approved by the City Commission.
B) CITY funds will NOT be co -mingled with any other funds and
that separate bank accounts or charts of 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 provid-
ed.
E) GRANTEE will be personally liable for any City funds expended
that were not consistent with the program approved by the City
Commission or any funds expended not in accordance with proper
accounting standards as determined by a competent auditing au-
thority.
F) No activity under this Agreement shall involve political
activities.
G) GRANTEE possesses legal authority to enter into this Agree-
ment; 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 under-
ir� standings and assurances contained herein, and directing and
authorizing the person identified as the official representative
of GRANTEE to act in connection with GRANTEE and to provide such
additional information as may be required.
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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 Agreement
to be executed in their names by their duly authorized officers
and the corporate sea'.s to br f"iv. : -eLo, _i + of the Jay
and year first above written.
ATTEST:
Matty Harai,
City Clerk
ATTEST:
CORPORATE SECRETARY
CITY OF MIAMI, a
municipal corporation
of the State of Florida
By
Sergio Pereira
City Manager
GRANTEE: COCONUT GROVE
CARES INC.
(SEAL)
GUARANTY
I, Elizabeth L. Virrick, in consideration of the City of Miami's
execution of the foregoing Grant Agreement, the undersigned,
guarantee the performance of the terms and conditions in said
Agreement required to be performed by the Grantee including but
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not limited to the provisions relating to default, assurances,
and certifications.
Dated this day of , 1985.
Elizabeth L. Virrick, an individual
By _ _
Elizabeth L. Virrick,i "jld_' j
WITNESIS:
APPROVED AS TO INSURANCE REQUIREME14TS:
Division of Risk Management
APPROVED AS TO FORM AND CORRECTNESS:
Lucia A. Dougherty,
City Attorney
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REVOCABLE PERMIT NO.
ISSUED BY THE
CITY OF MIAMI
TO
COCONUT GROVE CARES, INC.
(HEREINAFTER "PERMITTEE)
PROPERTY LOCATED AT
VIRRICK GYM
2600 SOUTH BAYSHORE DRIVE
MIAMI, FLORIDA 33133
Issued this day of
ATTEST:
CITY CLERK
APPROVED AS TO FOR14 AND CORRECTNESS:
Lucia A. Dougherty
City Attorney
1985
CITY OF MIAMI
C MANAGER
,l�
INDEX
1.
DESCRIPTION OF PREMISES
2.
TIME
3.
PURPOSE
4.
FEE
5.
LAWS APPLICABLE
6.
UTILITIES
7.
ASSIGNMENT OF TRANSFER
8.
CONDITION OF PREMISES
9.
ALTERATION BY PERMITTEE
10.
MAINTENANCE
11.
FURNISHINGS, FURNITURE AND EQUIPMENT
t
12.
CITY'S RIGHT OF ENTRY
13.
RISK OF LOSS
14.
INDEMNIFICATION CLAUSE
15.
INSURANCE
16.
PEACEFUL SURRENDER
17.
GENERAL CONDITIONS
18.
ADVERTISING
19.
NONDISCRIMINATION
20.
VIOLATIONS
21.
TAXES
+ 22.
INTEREST CONFERRED BY PERMIT
23.
COURT COSTS AND ATTORNEY'S FEES
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REVOCABLE PERMIT
1. DESCRIPTION OF PREMISES
The City of Miami (CITY) hereby issues this Revocable
Permit to Coconut Groves Cares, Inc. (PERMITTEE), for the purpose
and under the condition(s) hereinafter set forth, permitting said
PERMITTEE to use the premi c e: Ics^►'i bed in Exhi',-:it I attached
hereto and made a part hereof.
2. TIME
This Revocable Permit shall be valid for a period
commencing on the 1st day of October, 1985, and terminating on
the 30th day of September, 1986. This Revocable Permit may be
extended for additional one year periods upon request of
PERMITTEE, submitted in writing at least one hundred twenty (120)
days prior to the termination date, upon the approval of the City
Manager. This Revocable Permit or any extensions and renewals
thereof, in addition to the termination which may result from or
under provisions of Section 20 hereof, may also be terminated by
the City Manager, with or without cause, by delivery of a written
notice of revocation thirty (30) days prior to revocation.
3. PURPOSE
The premises shall be used for the Youth Boxing Program,
in order to provide amateur boxing training and competition
primarily to youths 17 years old and younger.
PERMITTEE shall not change or modify such use without the
prior written consent of the City Manager.
4. FEE
PERMITTEE shall pay for the use of the premises a fee in
the amount of $1.00 per year.
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REVOCABLE PERMIT
1. DESCRIPTION OF PREMISES
The City of Miami (CITY) hereby issues this Revocable
Permit to Coconut Groves Cares, Inc. (PERMITTEE), for the purpose
and under the condition(s) hereinafter set forth, permitting said
PERM IFTEE to use the premises des^ribed in Exhibit I attached
hereto and made a part hereof.
2. TIME
This Revocable Permit shall be valid for a period
commencing on the 1st day of October, 1985, and terminating on
the 30th day of September, 1986. This Revocable Permit may be
extended for additional one year periods upon request of
PERMITTEE, submitted in writing at least one hundred twenty (120)
days prior to the termination date, upon the approval of the City
Manager. This Revocable Permit or any extensions and renewals
thereof, in addition to the termination which may result from or
under provisions of Section 20 hereof, may also be terminated by
the City Manager, with or without cause, by delivery of a written
notice of revocation thirty (30) days prior to revocation.
3. PURPOSE
The premises shall be used for the Youth Boxing Program,
in order to provide amateur boxing training and competition
primarily to youths 17 years old and younger.
PERMITTEE shall not change or modify such use without the
prior written consent of the City Manager.
4. FEE
ar-
PERMITTEE shall pay for the use of the premises a fee in
the amount of $1.00 per year.
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5. LAWS APPLICOLE
PERMITTEE accepts this Revocable Permit recognizing that
all laws of the State of Florida, Ordinances of the City of Miami
and Dade County, Florida, pertaining to the operation and mainte-
nance of the premises, including but not limited to building
codes and zoning restrictions, are made a part of this Revocable
Permit, and PERMITTEE aa—Pc tr ,nidr ns th;: same
presently exist and .i-> t1-,ey n;.:;i tc. � mcnded hercaft.er.
6. UTILITIES
Unless otherwise provided herein, CITY, at CITY's sole
cost and expense, shall provide all utilities, including but not
limited to, electricity, water, gas, and sewage disposal. Trash
and garbage removal shall be at the cost of CITY. Long distance
telephone calls shall be at the expense of PERMITTEE.
7. ASSIGNMENT OR TRANSFER
Without the express consent of the City Commission,
PERMITTEE cannot assign or transfer its privilige of entry and
use granted unto it by this Revocable Permit.
8. CONDITION OF PREMISES
PERMITTEE hereby accepts the premises in its present
condition and agrees to maintain the interior and exterior of
the premises, including all electrical and plumbing systems, and
roofs, in the same condition, order and repair as it is in at
this time, except for reasonable wear and tear.
9. ALTERATION BY PERMITTEE
A. PERMITTEE may not make any alterations, additions,
partitions or improvements in or to the premises without the
written consent of the City Manager or his designee, and the
design of such proposed alterations, additions, partitions or
improvements in or to the premises shall be first submitted to
the City Commission before or at the same time the City Manager's
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approval is requested. All additions, partitions, or improve-
ments shall become the property of CITY and shall remain a part
of the premises at the expiration of this Revocable Permit and
any extensions or renewals hereof. The cost of renovation of
the premises as to alterations, additions, partitions or im-
provements shall be borne by and is the financial responsibility
of PERMITTEE.
B. PEMM ; TEE :3hri 1 J have Lhe right to remove any movable
personal property or fixtures that it places on the premises.
PERMITTEE shall not remove any moveable fixtures or furniture
that belong to CITY. All alterations, additions, partitions or
improvements must be in conformance with the provisions of Sec-
tion 5 hereof. If any part of the premises is in any way damaged
by the removal of such items as stated in subsection A hereof,
said damage shall be repaired by PERMITTEE at its sole cost and
expense. Should PERMITTEE fail to repair any damage caused to
the premises ten (10) days after the receipt of written notice
from CITY directing the required repairs, CITY shall cause the
premises to be repaired at the sole cost and expense of
PERMITTEE. PERMITTEE shall pay CITY the full cost of such
repairs within ten (10) days of receipt of an invoice indicating
the cost of such required repairs. Failure to pay such invoice
shall be sufficient cause to revoke the Revocable Permit as
provided in Section 20 below. Notwithstanding the above, CITY
reserves the right. to revoke this Revocable Permit for
PERMITTEE'S failure to repair the premises as directed without
the necessity of CITY repairing the premises.
10. MAINTE14ANCE
PERMITTEE agrees to maintain the interior and the exterior
�-- of the premises in good order and repair at all times, and in an
attractive, clean and sanitary condition during the period of
this Revocable Permit or any extension or renewal hereof.
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11. FURNIS{iINGS, FURNITURE AND EQUIPMENT
PERMITTEE shall provide all furnishings, furniture and
equipment essential to its operation at its sole cost and ex-
pense. CITY will, however, grant use to PERMITTEE of: (a) the
existing boxing ring, (b) all bleachers and seating normally used
for the boxing shows, and (c) equipment as identified in the
inventory. PERMITTEE shall be responsible for any and all
repairs or c!; said J_nvcr.tnry. Repairs may be made by
CITY upon the, request of PERMITTEE and deducted from the respec-
tive payment for services. Furthermore, any furnishings, furni-
ture and equipment subsequently received from CITY shall be
subjected to and accounted for by inventory as jointly proposed
and signed by PERMITTEE and the Director of the Department of
Parks and Recreation or CITY's designee.
12. CITY'S RIGHT OF ENTRY
CITY, or any of its properly designated agents, repre-
sentatives, or employees, shall have the right to enter said
premises during all reasonable working hours, to examine and/or
inspect the same. CITY shall have access to the common areas of
the restrooms at any time. CITY shall also have the right to
schedule events or otherwise use the premises at, any time which
does not conflict with the Boxing Program.
13. RISK OF LOSS
PERMITTEE shall indemnify and save harmless CITY against
all risk of loss, injury or damage of any kind or nature
whatsoeverito property now or hereafter placed on or within said
premises, and all risk of loss, injury or damage of any kind or
nature whatsoever to the contents of such building or improve-
r
ments made by PERMITTEE to the structure or structures, or to any
goods, chattels, merchandise or to any other property that may
now or hereafter be placed upon said premises, whether belonging
to PERMITTEE or others, whether said loss, injury or damage re-
sults from fire, hurricane, rising water or from any other cause
or other contingency, and whether the same be caused by the
claimed negligence of CITY or any of its employees, agents, or
otherwise, and to keep harmless CITY from all claims and suits
growing out of any such loss, injury or damage.
14. INDEMNIFICATION CLAUSE
PERMITTEE covenants and agrees that it shall indemnify,
hold l rr l oss , i2nd 2 t er.6 C• STY from and against any and all
claims, suits, actions, damages or causes of action arising
during the period of this Revocable Permit, and any extensions or
renewals hereof, for any personal injury, loss of life or damage
to property sustained in or on the premises, by reason of or as a
result of PREMITTEE's use or operations thereon, and from and
against any orders, judgments, or decrees which may be entered
thereon, and from and against all costs, attorney's fees,
expenses and liabilities incurred in and about the defense of any
such claim and the investigation thereof.
15. INSURANCE
ti
PERMITTEE shall maintain throughout the period of this
Revocable Permit, and any extensions or renewals hereof, the
following insurance:
A. General Liability Insurance on a Comprehensive
General Liability coverage form or its equivalent,
with a combined single limit of at least $1,000,000
for bodily injury liability and property damage lia-
bility. Pr -)ducts and Completed Operations coverage,
Personal Injury, Contractual Liability, and Premises
Medical Payments coverage shall be included. CITY
shall be named as an Additional Insured on all insur-
ance policies.
B. Automobile Liability insurance covering all owned,
non -owned and hired vehicles regularly garaged,
parked, stored or kept at said premises on an over-
night basis in amounts of not less than $100,000 per
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accident and $300,000 per occurrence for bodily injury
and $25,000 property damage.
C. All Risk Property insurance coverage on a replace—
ment cost basis for real and personal property located
at or on the premises unless said personal property is
owned by PERMITTEE. CITY shall be named as a Named
Insured on such oolil,y.
p.liicy ot. pc:lic•ies of insurance required shall
be* so written that the policy or policies may not be
cancelled or materially changed without sixty (60)
days advance written notice to CITY being delivered to
the Risk Management Division., Finance Department, 65
S.W. First Street, Miami, Florida 33130.
A current Certificate of Insurance showing the required coverage
shall be supplied to the Property & Lease Management Office of
CITY. Insurance policies required above shall be issued by
companies authorized to do business under the laws of the State
of Florida, with the following qualifications as to management
and financial strenght: The company must be rated no less than A
as to management, and no less than class X as to financial
strenght, in accordance with the latest edition of Best's Key
Rating Guide, published by Alfred M. Best Company, Inc., 75
Fulton Street, New York, New York.
16. PEACEFUL SURRE14DER
At the expiration of this Revocable Permit period, or any
extensions and renewals hereof, PERMITTEE shall, without demand,
quietly and peaceably relinquish, surrender and deliver up
possession of the premises in as good condition as it is now,
except for normal wear and tear; such relinquishment, surrender
and delivery also being required, upon demand of the City
Manager,• pursuant to the provisions of Section 20 hereof, or as
provided in Section 2 or as may otherwise be directed by CITY.
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17. GENERAL CONDITIONS
A. All notices or other communications which shall or may
be given pursuan to this Revocable Permit shall be in writing and
shall delivered by personal service, or by registered mail
addressed to the other party at the address indicated herein or
as the same may be charged from time to time. Such notice shall
be deemed given on the day on which personally served; or, if by
mai. 1 on the fifth day after bci r<< ;;o:.tec! of- 1: `P d:.itu of actual
receipt, wichever is earlier.
CITY OF MIAMI
City Manager
Attention: Property &
Lease Management
City of Miami
P.O. Box 330708
Coconut Grove Station
Miami, Florida 33133
PERMITTEE
Coconut Grove Cares, Inc.
3750 South Dixie Highway
Miami, Florida 33133
B. Title and paragraph headings are for convenient refer—
ence and are not a part of this Revocable Permit.
C. In the event of conflict between the terms of this
Revocable Permit and any terms of this Revocable Permit shall
rule.
D. No waiver or breach of any provision of this Revocable
Permit shall constitute a waiver of any subsequent breach of the
same or any other provision hereof, and no waiver shall be
effective unless made in writing.
E. Should any provisions, paragraphs, sentences, words or
phrases contained in this Revocable Permit 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 same shall be deemed severable, and in either event,
the remaining terms and provisions of this Revocable Permit shall
remain unmodified and in full force and effect.
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18. ADVERTISING
PERMITTEE may sell advertising space on the skirt around
the boxing ring, subject to the approval of potential advertisers
by the City Manager. PERMITTEE shall not allow any other signs
or advertising matter to be placed either in the interior or upon
the exterior of the premises without having first obtained the
approval of the City Manager cr his deli g-c- - ^T'"" .er vr-• the
right to erect or ;dace upon the premises ar a.upropriate sign
indicating CITY'S having issued this Revocable Permit.
19. NONDISCRIMATION
PERMITTEE shall not discriminate against any persons on
account of race, color, sex, religious creed, ancestry, national
origin, or handicap in the use of the premises and the
improvements thereon.
20. VIOLATIONS
If PERMITTEE in any manner violates the restrictions and
conditions of this Revocable Permit, then, and in that event,
after ten (10) days written notice given to PERMITTEE by the City
Manager within which to cease such violation or to correct such
deficiencies, and upon failure of PERMITTEE to do so after such
written notice, this Revocable Permit is hereby revoked
automatically without the need for other or further action,by
CITY.
21. TAXES
During the term hereof PERMITTEE shall pay any and all
taxes of whatever nature lawfully levied upon or assessed against
the premises.
22. INTEREST CONFERRED BY PERMIT
The -provisions of the Revocable Permit do not constitute a
lease and the rights of PERMITTEE hereunder are not those of a
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tenant. No leasehold interest in the premises is conferred upon
PERMITTEE under the provision hereof.
23. COURT COSTS AND ATTORNEY'S FEES
In the event that it becomes necessary for CITY to
institute legal proceedings to enforce the provisions of this
Revocable Permit, PERMITTEC p_-y C "I ` `
attorney's fees.
IN WITNESS WHEREOF, PERMITTEE has hereunto caused this
Revocable Permit to be applied for by its respective duly
authorized officers, as of this day of ,
1985.
ATTEST: PERMITTEE: Coconut Grove
Cares, Inc.
by
CORPORATE SECRETARY PRESIDENT
APPROVED AS TO INSURANCE REQUIREMENTS:
DIVISION OF RISK MANAGEME T
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CORPORATE RESOLUTION
WHEREAS, the Board of Directors of Coconut Grove Cares,
Inc., have examined the terms, conditions and obligations of the
proposed facility extended use permit with the City of Miami for
the use of Virrick Gym, 2600 South Bayshore Drive, Miami, Flori-
da, 33133, from October 1, 1985 through September 30, 1986.
WHEREAS, the Board of Directors at a duly held corporate
meeting have considered the matter in accordance with the By -Laws
of the corporation;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
Coconut Grove Cares, Inc., that the president and secretary are
hereby authorized and instructed to enter into a facility extend-
ed use permit in the name of and on behalf of this corporation
with the City of Miami for the use of the Virrick Gym
from October 1, 1985 through September 30, 1986, 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 day of , 1985.
CHAIRMAN, Board of Directors
ATTEST:
CORPORATE SECRETARY
(SEAL)
COCONUT GROVE CARES, INC.
ATTACHMENT A
YOUTH BOXING PROGRAM
LINE ITEMS BUDGET
Budget Summary for Sub -Grant period ( Total to be brought forward
from supporting schedules).
B
PERSONNEL COSTS/FRINGE BENEFITS
73 248.00
C
TRAVEL COSTS
D
EQUIPMENT COSTS
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OTHER OPERATING EXPENSES
TOTAL COST
75 000.00
In order to function properly, it is economically imperative to adhere
to these line :items from October1,1985 thru September 30, 1986
for the Youth Boxing Program.
ELIZABETH L. VIRRICK
EXECUTIVE DIRECTOR
ece,v�d AN MCKAY
Auaust 27, 1985
DATE
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SCHEDULE B PERSONNEL COSTS
�1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
N0. Of
SALARY
MONTHLY
PERCENT OF
MONTHS
TOTAL
PER
FRINGE
TIME
TO
PAYROLL
CITY
POSITION
MONTH
BENEFITS
ON
BE
COSTS
TITLE OF POSITION
100%
100%
PROJECT
EMPLOYED
AGENCY DIRECTOR
'1
2,500
0
25%
12
30,000
7,505
PROJECT DIRECTOR
.1
1,610
114
100%
12
20,688
20,688
HEAD COACH
1
1,125
179
100%
12
15,648
15,648'
FISCAL MANAGER
1
1,750
223
20%
12
23,676
4,735
ASSISTANT COACH
1
,_660
47
100%
12
8,484
8,484
ASSISTANT COACH
1
600
42
100%
12
7,704
7,704
CLERK TYPIST
1
660
47
100%
12
8,484
8,484
TOTAL PERSONNEL COSTS
7 .
8,905
652
114,684
73,243
SCHEDULE E. OTHER OPERATING EXPENSES
ESTIMATED COSTS
AND BASIS FOR
ITEM ESTIMATE TOTAL COSTS CITY COSTS
General LiabilitY Insurance Estimated costs
per month of 96. 1,I52.
x 12 months = 1,152.
Other Training Supplies Estimated at 50.
per month x 600.
12 months = 600.
1,752.00 1,752.00
TOTAL OTHER OPERATING EXPENSES
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COCONUT GROVE CARES, INC.
YOUTH BOXING PROGRAM
'ATTACHMENT 1
BUDGET NARRATIVE
STAFF SALARIES----------------------------------------------------------- 67,560.
AGENCY DIRECTOR:
To provide overall direction of Program, including supervision of all
agency's staff and project components listed in this grant application.
Director's salary is based on local Agency Directors in Miami.
Salary: 30,000 x 25% - 7,500. charged to project.
DOn.Irr T nTDrrTnD.
Implementation of training at Project. The Project Director is also
responsible for the supervision of all training and training staff.
Salary: 19,320. charged to project.
HEAD COACH:
Responsible for the day to day training of project participants.
Salary: 13,500. charged to project.
FISCAL MANAGER:
Responsible for payroll and financial records, etc. 20% of salary included
in Grant Application, the remainder is derived from other agency programs.
Salary: 21,000•x 20% = 4,200. charged to project.
TWO ASSISTANT COACHES:
To provide training for program participants and keep a log of each day
regarding training.
(1) Salary: 7,200. charged to project.
2) Salary: 7,920. charged to project.
CLERK TYPIST:
Responsible for general office work.
Salary: 7,920. charged to project.
M
,ON
COCONUT GROVE CARES, INC.-
YOUTH BOXING PROGRAM
ATTACHMENT 1
BUDGET NARRATIVE
GENERAL LIABILITY INSURANCE: ------------------------------ ---------------- 1,152.
It is necessary for the project to obtain $1,000,000. of Liability
Insurance.
OTHER TRAINING SUPPLIES:-------------------------------------------------- 600.
SOCIAL SECURITY, -FICA: ---------------------------------------------------- 4,248.
Computed at the present
rate of 7.05% of
total
salary.
Project Director
19,320
x
7.05%
= 1,368
Head Coach
13,500
x
7.05%
= 948
Fiscal Manager
4,200
x
7.05%
= 300
Assistant Coach
7,920
x
7.05%
= 564
Assistant Coach
7,200
x
7.05%
= 504
Clerk Typist
7,920
x
7*05%
= 564
TOTAL
144
x
.05
= ,248
GROUPINSURANCE:---------------------------------------------------------- 1,440.
Computed at $100.00 per month.
Head Coach 100. x 12 months = 1,200 x 1000 = 1,200.
Fiscal Manager 100. x 12 months = 1,200 x 20% = 240.
TOTAL 1,440. ..
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GRAND TOTAL
$75,000.00
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JOB DESCRIPTION
JOB TITLE: PROJECT DIRECTOR The Project Director is primarily responsible for the administration,
coordination and operation of all program activities, also responsible -_
for program staff.
Implementation:
The Project Director shall be responsible for evaluating, analyzing and _
planning all program activities and submit all reports regarding the program
on the last working day of each month. _
Keep an inventory on supplies and report to the Administrative Office when
supplies need replacing or repaired.
Contact all news media requesting or space so as to have as much free
exposure as possible. _
Report to newspapers the results of the Wednesday night matches. Prepare -
Ringside Notes leaving space for the Director to contribute when. possible
Assign all staff responsibilities.
The Project Director must prepare a written schedule for staff on a
bi-weekly basis.
The Project Director is responsible for seeing that the facilities are clean f
at all times. To assure that the area is clean, the Project Director will [_
assign staff/volunteers*for'this purpose.
Under no'circumstances will staff give information regarding the Boxing -
Program or anyone connected with the program to the news media. Instead,
referrals will be sent to the agency's Executive Director, in her absence !
to the agency's Assistant Director.
Failure to comply with the job description is reason for immediate termination
without notice.
* NOTE The above statement reflects the general details considered necessary
to fulfill the principal functions of the identified job and shall
not be construed as a detailed description of all the work requirements
that may be inherent in the position.
I, BOY CARLSON have received and acknowledged my job description
this day of
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JOB DESCRIPTION
JOB TITLE: HEAD COACH
The Head Coach is primarily responsible for the training of the participants
in the art of Boxing and coordinating all other training activities.
Isnolementation:
The Head Coach will hear all complaints from participants or staff in the
absence of the Project Director.
The Head Coach will supervise all training activities at the project.
The Head Coach/Assistant Project Director will attend all Boxing Matches.
Maintain Sign-in/Sign-out sheets on all trainees.
Keep all equipment and supplies in their proper places and will report to the
Project Director when repairs or replacements are needed.
Report to the Project Director when it is learned or suspected that a trainee
is in trouble of any kind such as family problems, school problems, health
or dental problems.
Assist the Project Director with the weighing -in and matching on the nights
of the matches.
Under no circumstances will staff give information regarding the Boxing
Program or anyone connected with the program to the news media. Instead,
referrals will be sent to the agency's Executive Director, in her absence
to the agency's Assistant Director.
Failure to comply with the job description is reason for immediate termination
without notice.
* NOTE The above statement reflects the general details considered necessary
to fulfill the principal functions of the identified job and shall
not be construed as a detailed description of all the work requirements
that may be inherent in the position.
I, Alan Brown have received and acknowledged my job description
this day of
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JOB TITLE: ASSISTANT COACH
The Assistant Coach is primarily responsible for the training of participants
and assisting with the program operation.
Implementation:
Assistant Coach will see that all trainees sign -in and out.
Assistant Coach will send all trainees to the office if the secretary is there.
If the secretary is unavailable, the assistant coach will take all the trainees
to the office and be sure they have signed all the necessary papers or will
keep the papers to be signed in the cage during the absence of the secretary.
Assistant Coach will train all trainees to the best of his ability.
Assistant Coach will attend all Boxing Matches on.,the first and third Wednesday
nights and will perform all duties assigned to him by the Project Director/Head
Coach.
Assistant Coach will keep the entire premises clean and not excluding the bath-
room, dressing room, etc.
The Assistant Coach will keep all equipment and supplies in their proper places
and will report to the Project Director or Head Coach when repairs and replace-
ments are needed and report such needs as early as possible' to prevent major
repairs or replacements.
Assistant Coach will report to the Head Coach when it is learned or suspected
that a trainee is in trouble of any kind such as family problems, school problems,
health problems or dental problems it if he needs a part-time or full-time job or
counseling.
Under no circumstances will staff give information regarding the Boxing Program
or anyone connected with the program to the news media. Instead, referrals will
be sent to the agency's Executive Director, in her absence to the agency's
Assistant Director.
Failure to comply with the job description is reason for immediate termination
without notice.
* NOTE The above statement reflects the general details considered necessary
to fulfill the principal functions of the identified job and shall
not be construed as a detailed description of all the work requirements
that may be inherent in the position.
I, Dave Clark' have received and acknowledged my job description
this day of .
85 -1023
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JOB TITLE: ASSISTANT COACH
The Assistant Coach is primarily responsible for the training of participants
and assisting with the program operation.
Implementation:
Assistant Coach will see that all trainees sign -in and out.
Assistant Coach will send all trainees to the office if the secretary is there.
If the secretary is unavailable, the assistant coach will take all the trainees
to the office and be sure they have signed all the necessary papers or will
keep the papers to be signed in the cage during the absence of the secretary.
Assistant Coach will train all trainees to the best of his ability.
Assistant Coach will attend all Boxing Matches on„the first and third Wednesday
nights and will perform all duties assigned to him by the Project Director/Head
Coach.
Assistant Coach will keep the entire premises clean and not excluding the bath-
room, dressing room, etc.
The Assistant Coach will keep all equipment and supplies in their proper places
and will report to the Project Director or Head Coach when repairs and replace-
ments are needed and report such needs as early as possible' to prevent major
repairs or replacements.
Assistant Coach will report to the Head Coach when it is learned or suspected
that a trainee is in trouble of any kind such as family problems, school problems,
health problems or dental problems it if he needs a part-time or full-time job or
counseling.
Under no circumstances will staff give information regarding the Boxing Program
or anyone connected with the program to the news media. Instead, referrals will
be sent to the agency's Executive Director, in her absence to the agency's
Assistant Director.
Failure to comply with the job description is reason for immediate termination
without notice.
* NOTE The above statement reflects the general details considered necessary
to fulfill the principal functions of the identified job and shall
not be construed as a detailed description of all the work requirements
that may be inherent in the position.
I, Dave Clark' have received and acknowledged my job description
this day of
85 -1023
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JOB DESCRIPTION
JOB TITLE: CLERK -TYPIST
The Clerk -Typist is primarily responsible for typing and general office duties.
Implementation:
Clerk -typist must be an accuratetypist.
Clerk -typist must be on time and must sign in and out.
Clerk -typist must abide by the regulations set forth in Coconut Grove Cares'
Practices and Procedures.
Clerk -typist must answer the phone and take messages which are to be written.
Clerk -typist must keep all records as outlined by the Executive Director and
Project Director.
Clerk -typist must keep all records up to date at all times.
Clerk -typist will perform all duties as explained by the Executive Director or
Project Director.
Under no circumstances will staff give information regarding the Boxing Program
or anyone connected with the program to the news media. Instead, referrals will
be sent to the agency's Executive Director, in her absence, to the agency's
Assistant Director.
Failure to comply with the 'job description is reason for immediate termination
without notice.
* NOTE The above statement reflects the general details considered necessary
to fulfill the principal functions of the identified job and shall
not be construed as a detailed description of all the work requirements
that may be inherent in the position.
I, Marteniy Couch have received and acknowledged my job description
this day of
8J -1023
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