HomeMy WebLinkAboutR-85-0146J-85-164
2/6/85
rr/029/D-T -
RESOLUTION N0. 85-14t;
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN
THE CITY AND THE BAY OF PIGS VETERANS
ASSOCIATION FOR THE PURPOSE OF
IMPLEMENTING THE RENOVATION OF THE
PROPOSED BAY OF PIGS HISTORICAL HOUSE
PROJECT AND DEFINING THE FUNCTIONS AND
RESPONSIBILITIES OF THE CITY AND THE
ASSOCIATION IN CONNECTION WITH THIS
PROJECT. -
WHEREAS, the Bay of Pigs Veterans Association (Brigada
de Asalto 2506) on December 13, 1984, appeared before the
City Commission to request financial assistance in the
renovation of an existing facility which would serve as a
historical archives facility for the purpose of preserving
that period of Cuban history and heritage associated with the
1�
historic Bay of Pigs invasion of 1961; and
WHEREAS, the City Commission, through Resolution No.
84-1405, allocated $75,000 in support of the renovation of j
the proposed Bay of Pigs Historical House; and
WHEREAS, funding for this project is available from loth
Year Community Development Block Grant funds; and
WHEREAS, in an effort to move the project forward and
commence the renovation of the structure;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to
enter into an agreement, in a form acceptable to the City
Attorney, between the City and the Bay of Pigs Veterans
Association for the purpose of implementing the renovation of
the proposed Bay of Pigs Historical House Project, said
agreement defining the functions and responsibilities of the
City and the Association in connection with this Project.
CITY COMh1ISSION
MEETING OF
F E B 14 1985
RE50lU11Ui4 N-85-14
6
REMARKS.
PASSED AND ADOPTED this 14 day of February , 1985.
ATTEST:
c/ �==
RA H G. ONGIE
CITY CLERK
PREPARED AND APPROVED BY:
ROBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
:..
LUCIA A. DOUGH
CITY ATTOR=E
Maurice A. Ferre
M A Y 0 R
FORM AND CORRECTNESS:
85-IL46
CITY OF MIAMI. FLORIDA
213 INTER -OFFICE MEMORANDUM
TO. Randolph B. Rosencrantz Januaiy..,314Ii485- ,
City Manager DATE: _ i FILE:
FROM: Frank Castaneda, Director
Department of Community Development
SUBJECT: Memorandum of Agreement
Renovation of Proposed Bay
of Pigs Historical House
REFERENCES: City Commission Agenda Item
February 14, 1985
ENCLOSURES:
It is recommended that the City
Commission approve a Resolution
authorizing the City Manager to
enter into a Memorandum of Agree-
ment between the City and the Bay
of Pigs Veterans Association in
connection with the renovation of
the proposed Bay of Pigs Historical
House.
On December 13, 1984, through Resolution No. 84-1405, the City
Commission allocated $75,000 to the Bay of Pigs Veterans Association
for the renovation of an existing structure located at 1821 S.W.
9th Street, which was donated to the Association during 1984.
Funding for this project is available from loth Year Community
Development Block Grant funds.
The funds allocated by the City will be used to remodel the struc-
ture which will serve as a historical archives facility for the
purpose of preserving that period of Cuban history and heritage
associated with the historic Bay of Pigs invasion of 1961.
In an effort to move the project forward and commence the renovation
of the structure, the attached agreement between the City and the
Bay of Pigs Veterans Association is being provided for City Commission
approval.
The attached agreement defines the roles and responsibilities of the
City and the Association in carrying out the renovation of the
structure.
Commission approval is recommended.
�J``/r j f
85-146
s
MEMORANDUM OF AGREEMENT
This Agreement entered into this day of , 19859 _
q. by and between the City of Miami, a municipal corporation of Dade —
County, Florida, hereinafter referred to as "CITY", and the Bay
of Pigs Veterans Association, hereinafter referred to as 2506 =
BRIGADA, INC., a corporate body fully organized and existing by
virtue of the laws of the State of Florida as a non-profit
Florida corporation.
WITNESSETH:
WHEREAS, on December 13, 1984, representatives of the Bay of
Pigs Veterans Association requested a personal appearance before
the City Commission; and
WHEREAS, the City Commission expressed its intend to award a
r grant in the amount of seventy five thousand dollars ($75,000) to
2506 BRIGADA, INC., said funds to be allocated from Community
Development Block Grant Funds; and
WHEREAS, the funds are to provide for the renovation of a
house donated to the Association located at 1821 S. W. 9th
Street, Miami, Florida; and
WHEREAS, the funds will also be used to cover other project
related costs such as the expenses for zoning related
requirements, architectural and engineering fees, miscellaneous
incidentals that are necessary to effectuate the renovation of
_,� the structure; and
WHEREAS, the CITY has identified federal funds available
through the Community Development Block Grant to provide seventy
five thousand dollars ($75,000) to carry out this activity;
NOW, THEREFORE,in consideration of the promises and the
mutual covenants and obligations herein contained, and subject to
the terms and conditions hereinafter stated, the parties hereto
understand and agree as follows:
85-146
-1-
TERM:
The term of this Agreement shall commence upon execution by
the City Manager and terminate 180 days thereafter.
CITY AUTHORIZATION:
For the purpose of this contract, the City of Miami's
Department of Community Development will act on behalf of
the CITY in the fiscal and programmatic monitoring and
control of this Agreement and will serve as the CITY's
liaison to the 2506 BRIGADA, INC.
SCOPE OF SERVICES:
(1) 2506 BRIGADA, INC. shall disburse the $75,000 grant to
pay for costs related to the renovation of the Bay of
Pigs Historical House pursuant to the proposal
submitted by the 2506 BRIGADA, INC. that is attached
and herein incorporated as Exhibit "A." The 2506
BRIGADA, INC. shall disburse a portion of the funds
that are received from the CITY to the contractor
submitting the lowest qualified bid as received and
reviewed by the City of Miami's Department of
Community Development; and
ky
(2) This grant is to be made by the CITY to the 2506
BRIGADA, INC. for the sole purpose of the renovation
of the Bay of Pigs Historical House and to pay for
as listed in the proposal other project -related costs
Y.
submitted by the 2506 BRIGADA, INC. Any other use of
these funds is expressly prohibited; and
At one -month intervals, the 2506 BRIGADA, INC. shall
provide the CITY with a progress report on the
activities and accomplishments of the subject grant.
s.
85-146
-2-
This report shall be in the format specified by the
CITY's Department of Community Development; and
,. (4) In the event suit is instituted to collect any monies
due under this contract, the 2506 BRIGADA, INC. agrees
to pay such additional sum as the court shall adjudge
reasonable attorney's fees.
IV. _
COMPENSATION:
--"\
A. The CITY shall pay the 2506 BRIGADA, INC., as maximum
compensation for the services required pursuant to
Paragraph III hereof, $75,000.
B. Such compensation shall be paid on the following basis:
(1) The CITY shall disburse that portion of funds
relating to the 2506 BRIGADA, INC's. receipt of
the lowest qualified bid from a contractor as
determined by the 2506 BRIGADA, INC. and the
City's Department of Community Development. That
portion of funds disbursed by the CITY shall be
comparable to the percentage of project -related
costs incurred by the 2506 BRIGADA, INC. as a
result of implementing the renovation of the Bay
of Pigs Historical House Project; and
(2) Funds received by the 2506 BRIGADA, INC. from the
CITY shall be used to pay for other project -
related costs such as engineering and
architectural fees.
(3) The total not to exceed $75,000 as listed in the
proposal submitted by the 2506 BRIGADA, INC.
C. The CITY shall have the right to review and audit the
time records and related records of the 2506 BRIGADA,
INC. pertaining to any payments by the CITY.
V.
COMPLIANCE WITH FEDERALL STATE AND LOCAL LAWS:
-3-
85-146
r.
Both parties shall comply with all applicable laws,
ordinances and codes of federal, state and local
t.
t
governments.
VI.
GENERAL CONDITIONS:
A. All notices or other communications which shall or may
be given pursuant to this Agreement shall be in writing and
shall 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.
CITY OF MIAMI 2506 BRIGADA, INC.
Dept. of Community Development P. 0. Box 350553
P. 0. Box 330708 Riverside Station
Miami, Fl. 33233-0708 Miami, F1. 33135
B. Title and paragraph headings are for convenient
reference and are not a part of this Agreement.
C. In the event of conflict between the terms of this
Agreement and any terms or conditions contained in any
attached documents, the terms in this Agreement shall rule.
D. No waiver or breach of any provision of this Agreement
t
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.
VII.
NONDELEGABILITY:
That the obligations undertaken by the 2506 BRIGADA, INC.
pursuant to this Agreement shall not be delegated to any
other person or firm unless the CITY shall first consent in
writing to the performance of such service or any part
thereof by another person or firm.
-4- 85-146.
0
4
r2
Both parties shall comply with all applicable laws,
ordinances and codes of federal, state and local
governments.
VI.
GENERAL CONDITIONS:
A. All notices or other communications which shall or may
be given pursuant to this Agreement shall be in writing and
shall 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.
CITY OF MIAMI 2506 BRIGADA, INC.
Dept. of Community Development P. 0. Box 350553
P. 0. Box 330708 Riverside Station
Miami, F1. 33233-0708 Miami, Fl. 33135
B. Title and paragraph headings are for convenient
reference and are not a part of this Agreement.
C. In the event of conflict between the terms of this
Agreement and any terms or conditions contained in any
attached documents, the terms in this Agreement shall rule.
D. No waiver or breach of any provision of this Agreement
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.
VII.
NONDELEGABILITY:
That the obligations undertaken by the 2506 BRIGADA, INC.
pursuant to this Agreement shall not be delegated to any
other person or firm unless the CITY shall first consent in
writing to the performance of such service or any part
thereof by another person or firm.
-u-
85-146
BONDING AND INSURANCE:
The 2506 BRIGADA, INC. shall carry or cause to be carried
insurance coverage as specified below throughout the term
of this Agreement. No modification or change in insurance
shall be made without ninety (90) days' written advance
notice to the City of Miami, Florida through its Risk
Management Division.
The 2506 BRIGADA, INC. shall furnish
Certificates of Insurance to the CITY
prior to commencing any operations under
this Contract, which Certificates shall
clearly indicate that the Contractor has
obtained insurance, in the types, amount,
and classifications, in strict compliance
with this Article.
IX.
AWARD OF AGREEMENT:
The 2506 BRIGADA, INC. warrants that it has not employed or
retained any person employed by the CITY to solicit or
secure this Agreement and that it has not offered to pay,
paid, or agreed to pay any person employed by the CITY any
fee, commission percentage, brokerage fee, or gift of any
kind contingent upon or resulting from the award of this
Agreement.
X.
CONSTRUCTION OF AGREEMENT:
This Agreement shall be construed and enforced according to
the laws of the State of Florida.
Xi.
SUCCESSORS AND ASSIGNS:
This Agreement shall be binding upon the parties herein,
their heirs, executors, legal representatives, successors,
and assigns.
-5-
85-146
XII.
INDEMNIFICATION:
The 2506 BRIGADA,
INC. shall indemnify and save the CITY
harmless from and
against any and all claims, liabilities, _
losses, and causes
of action which may arise out of the
-
2506 BRIGADA, INC's. activities under this Agreement,
including all other acts or omissions to act on the part of
the 2506 BRIGADA,
INC., including any person acting for or
on its 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 f
thereof.
i
F�
XIII .—
CONFLICT OF INTEREST:
The 2506 BRIGADA, INC. is aware of the conflict of interest
4'
laws of the City of Miami (City of Miami Code Chapter 2,
Article V), Dade County, Florida (Dade County Code Section
2-11.1), the State of Florida and the federal government,
and agrees that it will fully comply in all respects with
the terms of said laws.
XIV.
AUDIT RIGHTS:
The CITY reserves the right to audit the records of the
2506 BRIGADA, INC. at any time during the performance of
this Agreement and for a period of three years after final
r
payment is made under this Agreement.
r
XV.
TERMINATION OF CONTRACT:
The CITY retains the right to terminate this Agreement at
any time prior to the completion of the services required
<'..
pursuant to paragraph III hereof without penalty to the
f'
y
85 -14V
IM
CITY. In that event, notice of termination of this
Agreement shall be in writing to the 2506 BRIGADA, INC.,
which shall be paid for those services performed prior to
the date of its receipt of the notice of termination. In
no case, however, will the City pay the 2506 BRIGADA, INC.
an amount in excess of the total sum provided by this
Agreement.
It is hereby understood by and between the CITY and the
2506 BRIGADA, INC. that any payment made in accordance with
this Section to the 2506 BRIGADA, INC. shall be made only
if said 2506 BRIGADA, INC. is not in default under the
terms of this Agreement. If the 2506 BRIGADA, INC. is in
default, then the CITY shall in no way be obligated and
shall not pay to the 2506 BRIGADA, INC. any sum whatsoever.
XVI.
NONDISCRIMINATION:
The 2506 BRIGADA, INC. agrees that it shall not
discriminate as to race, sex color, creed, or national
origin in connection with its performance under this
Agreement.
XVII.
OWNERSHIP OF DOCUMENTS:
All documents developed by the 2506 BRIGADA, INC. under
this Agreement shall be delivered to the CITY by said 2506
BRIGADA, INC. upon completion of the services required
pursuant to paragraph III hereof, and shall become the
property of the CITY, without restriction or limitation on
its use. The 2506 BRIGADA, INC. agrees that all documents
maintained and generated pursuant to this contractual
relationship between the CITY and the 2506 BRIGADA, INC.
shall be subject to all provisions of the Public Records
Law, Chapter 119, Florida Statutes.
-7-
85-146
It is further understood by and between the parties that
any information, writings, maps, contract documents,
reports or any other matter whatsoever which is given by
the CITY to the 2506 BRIGADA, INC. pursuant to this
Agreement shall at all times remain the property of the
CITY and shall not be used by the 2506 BRIGADA, INC. for
any other purposes whatsoever without the written consent
of the CITY.
XVIII.
INDEPENDENT CONTRACTORS:
The 2506 BRIGADA, INC. and its employees and agents shall
be deemed to be independent contractors, and not agents or
employees of the CITY, and shall not attain any rights or
benefits under the Civil Service or Pension Ordinances of
the CITY, or any rights generally afforded classified or
unclassified employees; further, it shall not be deemed
entitled to the Florida Workers' Compensation benefits as
an employee of the CITY.
XIX.
MINORITY PROCUREMENT COMPLIANCE
The 2506 BRIGADA, INC. acknowledges that it has been
furnished a copy of Ordinance No. 9775, 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.
XX.
CONTINGENCY CLAUSE:
Funding for this Agreement is contingent on the
availability of funds and continued authorization for
program activities and is subject to amendment or
termination due to lack of funds, or authorization,
reduction of funds, and/or change in regulations.
85-146
/-1
N
XXI.
DEFAULT PROVISION:
In the event that the 2506 BRIGADA, INC. 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 the CITY, at its sole
option, upon written notice to the 2506 BRIGADA, INC. may
cancel and terminate this Agreement, and all payments,
advances, or other compensation paid to the 2506 BRIGADA,
INC. by the CITY while the 2506 BRIGADA, INC. was in
default of the provisions herein contained, shall be
forthwith returned to the CITY.
XXII.
AMENDMENTS:
No amendments to this Agreements shall be binding on either
party unless in writing and signed by both parties.
XIII.
SIGNATORIES:
The legal representatives) of this Agreement for the 2506
BRIGADA, INC. shall be the President and Vice President of
the Board of Directors or any other person the Board
designates by resolution.
Said resolution will be attached and made a part of this
Agreement.
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.
ATTEST;
Ralph G. Ongie
City Clerk
CITY OF MIAMI, a Municipal
Corporation of the State of
Florida
By:
Rand—olph B. Rosencrantz
City Manager
85--146
-9-
0
ATTEST:
orporate secretary
APPROVED AS TO INSURANCE
REQUIREMENTS:
epar mint o.
Risk Management
GRANTEE:
2506 6RICADAi INC,
guy varez, Prey en
APPROVED AS TO FORM AND
CORRECTNESS:
Lucia Allen Dougherty
City Attorney
Bri ada de Asalto 2506
ASOCIACION DE COMOATUZU DE BAHIA OE COMN03 P"CNs# 324•6353
o.V for 990969
Il1v9ft*los stn1A..
MIAYI. FLA. 28109
PROPOSAL FOR A GRANT REQUEST
PRESENTED TO THE CITY OF MIAMI
COMMISSION:
Maurice Ferre Mayor
-• Demetrio Perez, Jr. Vice Mayor
Joe Carollo Commissioner
Miller Davkinsa Commissioner
J.L. Plummer Commissioner
varez; President
Association of Bay of Pigs Veterans
-- Z1 lc3vn5
V3 -- �. 0 2-
ILI
85-14C
w
r., a
B igada de Asalto 2506
ASOCIACION OE COMOAIMPITU K BAHIA K Comm
P. e. son $90990
RIVIR S10C $VA.
00111111. ?S.A. »f $•
PNowli 324•6353
PROJECT TITLE BAY OF PIGS HISTORICAL HOUSE
APPLICANT BAY OF PIGS VETERANS ASSOCIATION
AMOUNT REQUESTED $750000
PROJECT DESCRIPTION An all-purpose building vith meeting
rooms and historical archives facilities
for the purpose of preserving that period
of Cuban history and heritage associated
vith the historic Bay of Pigs invasion
of 1961.
PROJECT OBJECTIVES To preserve for posterity the true and
accurate records of the above mentioned pee
of history. To continue to gather data
relevant to the continuing emerging informe
.relating tb:that crucial period of Cuban ar
vorld history. In addition to making the fe
ty an integral part of the heritage of Cube
American youth groving up in the City of Mi
BACKGROUND Since its inception in 19609 the
2506 Brigade has been a pivotal point
of Cuban history and heritage.
Originally organized as a fighting force
.
.. .9!-t :_._. ___.__ - �_.�=.'_arc....._ a_._a .a-. ... ... ....era �.. rr . rrr.•r• .- — -... .�...�. �. .. .., .. �.......�..........
85-JAG
l &.' ..
Brigada de Asalto 2506
aocuuoM of toweAtaMits of erwu of cocNuas
PwONtt 324•a353
P. O. som 990999
wlvawnoe *Va.
MIA1/1. ILA. 92139
M2-
BACKGROUND (cont). for the purpose of i'ovading Cuba
and overthrowing the Soviet backed
communist dictatorship, the brigade
fought valiantly for days in the face
• of adversity until all supplies and
armaments were exhausted for reasons
that are now part of the history of
the Post- World War II world.
Since their subsequent imprisioment
and later return to the United States,
most of the members returned to their
former civilian life and became a force
In the emerging Cuban middle class of
Miami. Numerous veterans became
promineht builders, bankers, doctors,
lawyers, merchants and businessmen. With
the reintegration to civilian life came
a preocupation with other aspects of the
Cuban experience. Historical, cultural,
artistic, and civic deities became a dominas
motivation and objectives of the Associatic
Earlier this year the Association received
a donation of a house at 1821 S.W._9_St_ree'
in the City of Miami. This vas the long awl
facility the group needed to formalize its
orts in the areas of maintaining an arehiv/
pertaining to the Bays of Pigs Invasion tc
be preserved as a part of Cuban history
for the sake of future generations. The
purpose of this project will be cultural ai
historical. It will not entail military
activities.
The association fears that as time passes
many records will be lost and many details
now present in peoples memories.vill be
obscured. Nov is the time to preserve all -
85-146
Brigada de Asalto 2506
ASOCU► MN OC COUSATICHIES OC VJ M 09 CKMOS
►. a sox ssosss
aeve"s�os srn.
MIAN1• ►LA. •9199
-3-
Pmcmci 324•6353
BACKGROUND (cost). documents and other records. The museum
facility will be opened to all of the
people of Miami: Students and scholars
as veil as the general public; vill have
• the opportunity to conduct research in
the archives and to attend meetings and set
dealing vith present Cuban culture and past
SUMMARY The funds requested from the City vill
be used to remodel the existing house
Into a facility capable of housing the arcs
and other features. The overwhelming
majority of those using the facility will.
be City of Miami residents. Activities
carried out at the facility will be of a
cultural and historical nature. Benefits
to the community vill be greatest in the a:
of reconciling the Cuban heritage of our
youth growing up in Miami as Cuban-Americat
Since the archives aspire to be the most
complete in the world on the subject of the
Bay of Pigs Invasiioq, journalists and
scholars from other states and from foreigt
countries will have to travel to Miami vhet
researching this issue. A museum of this k!
In desirable for the cultural and inteliec
development of the comminity.. By studying t
past, valuable lessons can be learned about
the present. In promoting a healthy exchanf
of ideas one stimulates young minds to ask
other questions and to formulate answers
not only connected to their specific Cuban
heritage but also to issues affecting the
community at large.
If
,•. -.. .� «., • ..a .. tea. :� •. �.•�+,•�•.. .�.• �p �.• •w. w mow•.. � , �.. ... •;•.— • ••� �
85-14f
h A
100111 it1VA110• SC'e''sIW
Tomando coma guia el plano del duplex situadoon el 1821 mencionado inmueble. Otros arquitecto: que quieran apor-
S.W. 9 St.. el arquitecto Josi H. Figueroa plasm5 on estos tar su experiencla a esta obra, pueden hacernos Ilegar sus
dibujos su concepci5n de to que puede hacerse en ese In. sugerencias. Esto serA un esfuerzo de Was los cubancs y su
muebte para convertirlo en la Casa de la Brigada. Casa de realidad. La Casa de la Brigada, Casa de Cuba, estara siem•
Cuba. Ha sido un aporte generoso del arquitecto Figueroa. pre abierta para todos los que ansian y luchan par to liber•
que scri tenido muy en cuenta para tas obras a realizar en el tad de nuestra Patric.
$IW
ftoon rtA• ,c..�.•�r,;
IGA1)it • 2506. 1iliADOIJA1tTEMS OFFICl:S
. REVIsTAGIRON /s.
• d!.Cr _ ,. .... •.: ._` �� 1...'.L. ... 'r '—, r•_.� - _ ..^mot•. .rr _ —.. _ _ ,.
�5-14f�