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HomeMy WebLinkAboutR-84-1126J-84-840 RESOLUTION No. A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $75,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, TO COCONUT GROVE CARES, INC. IN SUPPORT OF THE VIRRICX GYM YOUTH BOXING PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT. IN' 'A' FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH -COCONUT GROVE CARES, INC. WHEREAS, Motion No. 81-353 of April 23, 1981, expressed the desire of the City Commission to have Coconut Grove Cares, Inc. offer a Youth Boxing Program in Virrick Gym; and 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, Inc. has requested a $75,000 cash grant for the Youth Boxing Program to help cover operating costs for 1984-1985: =- NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. An amount not to exceed $75,000 is hereby allo- cated from Special Programs anO Accounts, Contingent Fund to Coconut Grove Cares in support of the Virrick Gym Youth Boxing Program for the cost of operating expenses for 1984-1985. Section 2. Said allocation is contingent 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 agreements in a. form. acceptable to. the City Attorney, with Coconut Grove Cares, Inc., PASSED AND ADOPTED this 10th day of Octobor , Maurice A. Ferre MAURICE A. 7 EST: MAYOR %Ral h G. Ongie-, C ty C APPRO AS PREPARED AND APPROVED BY: • 3P '• r Deputy City Attorney r �i • x..>. ... iewr.i�:Ju'a..ar'?+Hss'Scw4.+Y-n.', • _ M j CITY OF MIAMI, nARICA �. i CITY COMMISSION INTER -OFFICE MEMORANDUM so Revised August 30, 1984 ro: Howard V . Gary CAM August 24, 1984 FYLc: City Manager suNeer: Resolution Allocating $75000 to Coconut Grove Cares, Inc. in support of the Virrick Gym Youth Boxing Program FROM, a 4Ket% � R[F[RiNCUt September 13, 1984 13 Acting Direc City Commission Agenda Department of Parks and Recreation eNeLosuRes= "It is recommended that $75,000 be allocated from Special Programs and Accounts, Contingent Fund to Coconut Grove Cares, Inc., in sup- port of the Virrick Gym Youth Boxing Program; and that the exe- cution of the attached agreement. _ be authorized, per the attached resolution." The City Commission first expressed it's desire to support the Coconut Grove Cares Youth Boxing Program in Virrick Gym by Motion No. 81-353 of April 23, 1981. The City has provided financial support since 1981, awarding the program $68,740 in fiscal year 1983-84. The organization has requested $75,000 for the next•fiscal year's program. This increase is due to the following: 1. Coconut Grove Cares has been advised that it must start paying malpractice insurance for the doctors who contribute their -time to the boxing program. 2. The additional cost of leasing, maintenance and insurance for a van which will provide for an increase in participation in the program. 3. The cost of 2 staff members. These two positions remained unfilled from October 1983 to February 1984 due to a lack of funding. Because of increased participation, these positions must be funded. The Parks and Recreation Department recommends that this request be granted, contingent upon Coconut Grove Cares, Inc. providing a matching amount either from donations or in -kind services, as they have done in the past. Monies for this grant are available fromISpecial Programs and Ac- counts, Contingent Fund. sue: an * N �G�► . Enclosure E Thks Agreement entered into this day of _. 1904t by and between the City of Miami, a municipal corporation of Dade r CdUnty, Florida, hereinafter referred to as "CITY" and Coconut G:Cove Cares, Inc., hereinafter referredto as "GRANTEE". WITNESSETHs 'WHEREAS, the City Commission, by Resolution No. of ..� allocated an amount not to .exceed $75_ ,000 to Coconut ` Grove Cares, Inc., in support of the Virrick Gym Youth 'Boxing Pro ram, with'monies from Special Programs and Accounts, Contin— gent Fund; and WHEREAS, the City Commission by Reso3ution No% of authorized the City Manager to enter into an agreement with Coconut Grove Cares, Incz; NOW, THEREFORE, the City Of Miami and Coconut Grove Cares, Inc. =! do mutually agree as follows: i 1 1. TERM The term of this Agreement shall be from October 1, 1984 through September 30, 1985. -a 2. GRANTEE AGREES s A) GRANTEE shall offer an amateur boxing program for youth 17 years old and younger, Monday through Friday, from noon to 8 p.m. S) GRANTEE shall maintain a minimum of participation of •pne per � $1,000 of City grant funds, computed monthly, of which 75% shall Ji {' reside within the City of Miami. Each participant shall average f two visits to the program per week.. i C) GRANTEE shall provide the necessary personnel as may be re- quired during the peak hours of the program. D) CITY shall reserve and exercise the right to monitor, on .4 weekly basis, and direct GRANTEE to ;sake changes in pragrasts ,4 1 N activities of the facility under this Agreement. GPJMBS All provide to the department of Parke and Recreation, in writing, schedules of all programs, activities, events, etc, on a monthly basis prior to initiation. In the event of a change to such sbhedule GRANTEE shall notify the CITY in writing no less than 1S R days from date of said change. GRANTEE shall be notified in writing by the Department of Parks and Recreation, as to any f i 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, con- duct and operational policies. GRANTEE shall be required to R follow standards which closely relate to existing CITY policies' for all aspectg of the program. However, the following functions shall be included as mandatory operating procedures of GRANTEE: (i) All participants shall be 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. (ii) Rules and regulations shall be established regarding staff responsibilities and parameters, to be submitted for CITY" approval. (iii) Rules and tegulations ahall be established (as approved by CITY) and posted in visible areas of the facility and enforced by GRANTEE. ( iiii ) Tip -, scheduling of work -outs -by professionals, shall be at a designated time other than the scheduled hours for amateur training. !E , E) Personnel to be employed by GRANTEE under this Agreement shall '! have desirable backgrounds and knowledge in the field of boxing or related recreation areas. 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 Mo. Elizabeth L. Virrick. GRANTEE shall submit, every two weeks, a work schedule of all coaches, trainers, and volunteers. CITY shall assume no responsibility for staffing. 2 n f P) The GRANTEE assumes responsibility for all local, scat* and T federal laws and regulations regarding personnel ,working under i this progra,�. # (1) GRANTS$ shall y . provide documentation on a monthly basis of the mgtch requirements. Such documentation may include gate receipts for athletic events, donations, and volunteer time sheets.;' i 3. COMPENSATION A) CITY shall pay GRANTEE, as''jVAximum compensation for the 6erv- ices outlined pursuant to Paragraph 2 hereof, $50,000. B) Such grant shall be paid on -the following basis: (1) $6, 250 on the last, working day of each month of thr3 term i of this agreement,: upon -the presentation of original paid bills. C) Such grant shall be paid in -accordance with the approved line item. budget ..attached 'and incorporated as a part of this Agree - went. D) CITY shall have the rightt to review the time records and related records of GRANTEE p6ttaining to any payments by CITY. 4. TERMINATION OF CONTRACT CITY retains the right to terminate this Agreement at any time i 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 ofthe receipt of the notice of termi- nation.I In -.q case, however, will CITY pay GRANTEE an amount in excess of the%total grant provided by this Agreement. - 4' r- ti 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 terns of this Agreement. If the GRANTEE is in default, then CITY shah, in no way be obligated and shall not pay to GRANTEE any sum whatso- ever* a Y • yy '.M i 4 Y# y 5. GENERAL CONDITION A) All notices or other communications which shah. or may given pursuant to this Agreement shall be in writing 4nd shall be 3 �� 4' to V) The GPAnza assumes responsibility for all local, state end federal laws and regulations regarding personnel ,working under thks program. G) GRANT99 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 3. COMMMATION A) CITY shall pay GRANTEE, as maximum compensation for the 6erv- •ices outlined pursuant to Paragraph 2 hereof, $50,000. B) Such grant shall be paid on:the following basis: i ) $6, 250 on the last.working day of each month of th,s term of this agreement,: upon•the presentation of original paid bills. C) Such grant shall be paid insaccordance with the approved line item budget ..attached 'and incorporated as a part of this Agree- ment. D) CITY shall have the rightl to review the time records and related records of GRANTEE pertaining to any payments by CITY. 4. TERKMiION OF CONTRACT CITY retains the right to terminate this Agreement at any time prior to thd 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 termi- nation. In -.9 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 Qiall 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. S . GZNXRAL CONDITION A) All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and 4ha1,1 be 3 delivered by personal services or by registered mail addressed to :... the othe�r•party a the address indicated herein or as the same �•t •stag .be changed fro& time to time. Such notice shah be d6Q**d given on the4day on which personally servedt or if by -mail, on s the fifth day after being posted or the date of actual receipt, — ' i whibohever is earlier. ' COCONUT•4.GROVE CARES, INC. P.O. Box 331390 • Coconut Grove, Florida 33133 CITY OF:MIAMI - 2600 South Bayshore Drive Miami, Florida 33133 B) Titles and paragTap4sheadings 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 &eras in this Agreement. shall. role. 6. AkVUW OF AGRMOWNT 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 pay, paid, or agreed to pay any person em- ployed by CITY any fee, commission, percentage, brokerage fee, or gifts of any kind contingent upon or resulting from the award of this Agreement. 7. NOWT-DBLEG&BILITY The obligations undertaken by GRANTEE pursuant to this Agreement shall not be delegated to any other person or firm unless CITY shall first consent in writing to the performance of such servic- es or any part thereof by another person or firm. e. CONSTRUCTION OF AGRZZK ENT This Agreement shall be construed and enforced according to the - laws of the State of Florida. 9. 8=28 aps AND ".0114 1% This Agreement shall be binding upon the parties ,herein, their heirs, executors, legul representatives, successors, and assigns. 10 • . MWIT RIGHTS A,) GRANTEE Shall provide CITY with a letter from an independent certified public aczountant (C.P.A.) which establishes that GRANTEE'S internal cencrols are adequate to safeguard its assets and properly record fu:ide. CITY will not release any funds to GRANTEE prior to the re.:eipt of this letter. a) CITY Toserves the right to audit the records of the GRANTEE at any time during ti-e .)erfprmance of this Agreement and -for a period of three year: 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 agree to submit to the ,�ity's Manager or his designee an independent audit, by a certi- fied public: occountant, which must include the expression of an opinion.. c• , i:i-,: ii:iartrial statements and accounts of funds. Said audit she. 1 be sl. bzi red to the City Manager or his designee no later than after the termination of this Agreement or final recc?.at of Ci:'r funds, whichever is applicables 11. INDEN HIPICATION GRANTEE shall indemnify and save CITY harmless from and against any and all .laims, liabilities, losses, and cause of action, which may ar_3e out o:: GRANTEE'S activities under this Agreement, including all other acts or ommissions to act on the part of GRANTEE, including ai y person acting for or on his/her behalf and, from and against any orders, judgements or decrees wl).ich may be entered and fr•m and against all costs, y attornes fees, expenses rod i .bi.lit.ies incurred in the defense of any such claimacr in s:.e investigation thereof. 12. CClVnICT OF INTEREST 43RAb1TEE is aware of lio conflict of interest laws of the City of Miami (Miami City code Chapter 2, Article Y), Dade Couaty*Yjaz da v Ape • (Dad4' County Code Section 3-il • 1) and the state of Florida,- and Ak+..• ', :. agpdat that he/she will fully comply in all. respects with the S `.' tbite► . of said laws. 13. INDEPENDENT COV'1''ItACTOR 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• 14. 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 _ 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. 15. NOS-DISCRINIMTION GRANTEE agrees that there shall be no discrimination as to race, sex, color, creed or national origin in connection with any r operations under this Agreement. 16. MINORITY PROCOREHZ5T COMIPLIANCS GRANTEE ackowleges that he/she 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 substan- tive and procedural provisions therein, including any amendments thereto. 17. WAIVER No waiver of any provision• hereof shall be deemed to have boon wade unless such waiver be in writing signed by the City Manager. 6 ?�+.�' � P is .• .i... • , 'insist' t : The •#ikilurs of MY toupon the strict performance of any t''o provisions. or conditions of this Agreement shall not be ebg4trued as waiving or relinquishing in the future &Ay such coVehants or `conditions but the dame shall continue and remain in •' full force and effect. is. CONTINGENCY CL4082 :. Funding for this Agreement is contingent upon the availability of funds and continued authorization for program activities and is r -subject to amendment or termination due to lack of funds or i authorization, reduction of funds, and/or change in regulations. i F 19. COMPLIANCE SMITH FEDERAL, STATE AND LOCAL LAWS Both parties shall comply with all applicable laws, ordinances and codes of federal, state and local governments. 20. BObTDING AND INSURAblCE A) During the term of this Agreement, GRANTEE shall maintain bonding and insurance coverages in the amounts as determined by 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 this Agreement. 21. ASSURANCES AND CERTIFICATIONS GRANTEE assures and certifies thats '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 and accounting records will be main- tained. C) Expenditures of CITY funds will be properly documented and such documentation will be maintained. 7 • • • .-+.hr:a. a w x. .a.txa¢'HS±rv*--e. :. .. r ,.3..v— D) periodic progress reports as requested by CITY will be,provid" ed. 3 E) PA)U'fEE will be personally liable for any City funds expanded that were not consistent with the a a program pproved by the City f CftUission or any funds expended not in accordance. with proper accounting standards as determined by a competent auditirfg au•- . thority. _ I —� 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- 7 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. 22. AM86TDiK8NTS 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 office;s and the corporate p steals to be affixed hereto, all as of the day and year firs above written. f CITY OF MIAMI, a municipal corporation ATTEST: of the State of Florida Hy RalphOngie, HowardV. Gary, City Clerk 'City Manager. r :ATTZ$T s By (SEAL) Y f APPROVED AS TO FORM AND -CORRECTNESS% Lucia A. Doug herty, City Attorney APPROVED AS TO INSURANCE REOUIREMENTSs D vis Bn of RiSk Management . 9 - - - -- -- { • SPt,6!AL IUNDt"gi ."toutsT r. DA = :A.uc,uit L-11 •iLl�• dame ..r Event, Pr•1jnct or Program., Coconut Grove Cares Youtrr Ehcirl .rrrr�..r�l lri am, _ ._... .__. �. r • ..r..r.. ..nw C ate of Event, Pr•n,lact or Program: October 1, 1984 tttru Set►r•aq,: 191 't•,me or Organ i zat ion : Coconut Grove Cares. Inc. �~ ,lame of %'antact Persci: Elizabeth L. Virrick or Collie Qatss Telephone: 'Rork: 444-8454 Home. 661-2136/255-2694 "i3ilfn6 Address: t Brief iaozcription of program/event ( including nuc:.t;er at• Fejpl-t expect.�-i to par; IzApa to or attend program) : -ar-nnrt. _iir.,)vc rar,4S,.t,i1L aasr►r• an Amateur Boxing Program at the El izab,; i tt k ; U:i�m.._L'•umber of narticipants-75: Number�i in attandance .at, WedhL_sdag night mLtc_h,s-•200_ benefit: to toe Ci.y (quantify where possible): Young men and bays tr•ai, daily from 12:00 noon to 8:00 p.m. Monday thru Friday�1:1-�, - 2:00 p.m. on Saturday. This program has proved to be an eS : ���:iy•�, �rwr; o-deterrent effort. zupport .r•11 .+. !. �r�! Cash Grassi.: � i6 •!00.00 In -Kind Services (specify type of service and $ vslue az •1(.-termin•:d •or esti,r• it:td by the providing department) : Generatewd Income V31,10Q. 00 audit Fees $3,000.00 10 -_i,, ; =surance.for Doctors $2.000.00 ".Uunteers to work_Boa i n.L-5hows $15.555 00 pac _llaneetis liana .•ens S6.000.00 Total Value $34.755.00 Fee Waiver $ Amount: 10.000.00 _ Facility Elizabeth Virrick G_rIM Date(s) Oct 1. 1984-Cf_nt-�301�985� Be3uesteu i'c•;:r/ City: $75.000.00 it.,; City Provided 3upp in in previous years? :I:s xI t1k, Li' yes, please attach i letter from a certifieli Fuc.ic <<rifyint; the :T. +'f1::i.ency of accounting f inaneu •tl contt I.; d ir ing funding period. tf you lave r ; :__ �e•i : ;,000. or more: a c•u,..- of an audit reflecting the �+►;.�n�...cr; of these r.-i-A o m+t_"C at : : be provided. A: -a. o ciry p .t =ty event or activity. Youth Boxiruf Pr•n-tigr�. 1?12A3 $55 000.00 1983 64 $68 740.00 lijie 'ycit r'eyueated and/or received funds from otie:r do x 1• • List all Funding Sources Amount (Indicate if :• .r. applied tat re+:ei rc•s at i l l pendinat )r ra j%:t;Le: N/A _ _ NSA .._.._.... N/A N/A • ' Elie NIA NIA N/A i'.:ase in•sicate what measures will be taken to in;%A. , i�;»acial controls and accounting of fund: Reimbursement Request Packages will have a cover letter typed on the Agency's letterhead. The package will include the date, the request number, the period covered, the amount being requested, a break-daon of tfe: expenditures in ascending sub -object code. See Organization's Ch.irt - Plsase attach the following information relat:.-Ie ur• or,;anization to thi's application: . 1) State Charter;' 2) Tax Exempt Certification;.' 3) Documentation of internal financial controls ar•:i letter from certified public accountant verifying at:::�;:t:r•;� systems and internal controls; u) A copy of the projected line item budget rAslactir•? expenditures and anticipated revenues for pro je:c -.!.event; and 5) If this is not a one time event, please attach u ::t.; :i the organization's annual budget indicatin 3 all of funding Please describe organization's capability to accomplish program/event: , ince 1967, we have sponsored an Amateur Boxing Program•that'has proved to P one_o-f the best crime -deterrent efforts yet.devised in this conji.t.nitf. _y.Uuns■man and bovl, train daily under the supervision of qualified teaches The coaches have performed all duties exceptionally well, bringing co the community many champions from various tournaments. I hereby certify that thb information providbd herein is true and accurate and that the funds provided by the City will be a:••;an-1c4 in accordance with the commitments approved by tht City Commission. Furthermore, the City will be provided with, an accounting of expenditures and receipts within thirty (3+j) ,lays after the event's conclusion and/or receipt of funds fro:a the: City, whichever is applicable, along with any other doou:ncnts or data, requested by the City: VICTORIA W. WILSON 2nd VICE- r ba i3tti 4,r ' H t rP • . , . M. 1 NAME u I A - N 7 -,1 :.1 COCONUT GROVE CARES, INC. YOUTH BOXING PROGRAM REQUESTED NEW BUDGET 84/86 j BUDGET CATEGORY DESCRIPTION TO_ 010 Director $ 7,524.00 012 Part-time 20,761.00 001 Full-time 30,493.00 722 Misc. Operating Expenses 1,970.00 700* Office Supplies 200.00 610 Van Rental 7,800.00 715 Gas 1,500.00 650 General Liability 400.00 130 Group Insurance 29365.00 — 510 Phone Calls 200.00 755 Reproduction 200.00 Unemployment Insurance 1,587.00 TOTAL $ 759000.00 The above amount is requested from the City of Youth Boxing Program properly. Projected Generated Income