HomeMy WebLinkAboutR-84-1156J-84-719
7/18/84
rr/023/D7
RESOLUTION NO. 84-1156
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE THE ATTACHED PROFESSIONAL
SERVICES AGREEMENT WITH THE MIAMI ROWING
CLUB TO PROVIDE ROWING INSTRUCTION AT TWO
SUMMER CAMPS FOR CITY RESIDENTS AND
CONDUCT AN INTER -PARK ROWING PROGRAM FROM
AUGUST 6 THROUGH DECEMBER 14, 1984 AT A
COST OF $129000 WITH FUNDING THEREFOR
ALLOCATED FROM THE $5009000 SUPPLEMENTAL
BUDGET OF THE DEPARTMENT OF PARKS AND
RECREATION.
WHEREAS, the City of Miami desires to provide a wide
range of recreational opportunities to its residents; and
WHEREAS, the Miami Rowing Club has offered to provide
two summer rowing camps for up to 100 children for two weeks
each at the Miami Marine Stadium; and
WHEREAS, the Miami Rowing Club has also offered to
provide an Inter -Park Rowing Program from August 7 through
December 14, 1984 at its Maule Lake Facility; and
WHEREAS, the Miami Rowing Club has offered to provide
said services for $12,000; and
WHEREAS, funds for said services are available from the
$5009000 Supplemental Budget of the Department of Parks and
Recreation;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to
execute the attached Professional Services Agreement with the
Miami Rowing Club, Inc. to provide rowing instruction at two
summer camps for City residents and conduct an Inter -Park
Rowing Program from August 6 through December 14, 1984 at a
cost of $129000 with funding therefor hereby allocated from
the $500t000 Supplemental Budget of the Department of Parks
and Recreation.
CITY COMMIMSION
MEETING OF
OCT 10 IM
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PASSED AND ADOPTED this 10th day of October_,, 1984.
ATTEST: /rj
AtPH AUNULt,
PREPARED AND APPROVED BY:
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l DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
CITY ATTORNEY
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PROFESSIONAL SERVICES AGREEMENT
This Agreement entered into this day of ,
1984, by and between the City of Miami, a municipal corporation
of Dade County, Florida, hereinafter referred to as "CITY", and
the Miami Rowinq Club, Inc., P.O. Box 3061, Miami, Florida, 33159
hereinafter referred to as "CONTRACTOR"
WITNESSETH:
WHEREAS, "The Miami's for Recreation" Summer program
succesfully produced a series of recreational activities in the
summer of 1983 ; and
WHEREAS, funds from the supplemental budget are available to
carry on this project for the summer of 1984; and
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:
I.
TERM:
The term of this Agreement shall be from August 6 ,
1984 through
December 14th
II.
SCOPE OF SERVICES:
CONTRACTOR will:
, 1984 .
(1) Provide CITY with the following services from August 6,
1984 through December 14, 1984.
(2) To coordinate and provide, including equipment and
instructions, any and all incidental responsibilities normally
associated in conducting such an activity, two summer rowing
camps for up to one -hundred (100) children. Said camps shall be
held at the Miami Marine Stadium, each for a period of two weeks.
CONTRACTOR will also provide an inter -park rowing
program from August 27 through December 14, 1984, to be conducted
at the CONTRACTOR'S Maule Lake facility. As in the rowing camp,
CONTRACTOR will provide equipment, instructions, and any and
all incidental responsibilities normally associated in conducting
such an activity.
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f (3) Maintain and supply CITY with a report describing the
activity, number of participants, City residents, youth from City
parks and number of man hours necessary for performance of said
services.
(4) Said services shall be provided on a job basis, at the
discretion of the City Manager.
(5) This agreement shall be effective for only the dates
specified herein and all the services are to be completed within
this time frame.
(6) Notwithstanding the above, under no circumstances shall
CONTRACTOR enter into any written contracts, documents or legal
instruments, or make any oral representation, that bind or
obligate CITY. Such actions shall be deemed outside the scope of
this Agreement.
III.
COMPENSATION:
A. CITY shall pay CONTRACTOR, as maximum compensation for
the services required pursuant to Paragraph II hereof,
$12,000.00 .
B. Such compensation shall be paid on the following basis:
Upon execution of this agreement CITY will pay
CONTRACTOR $12,000.00.
CONTRACTOR and CITY hereby agree that the maximum
amount payable under this contract shall not exceed
Twelve thousand dollars ($12,000).
C. CITY shall have the right to review and audit the time
records and related records of CONTRACTOR pertaining to
any payments by CITY.
IV.
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS:
Both parties shall comply with all applicable laws,
ordinances and codes of Federal, State and Local Governments,
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AL CONDiTiONSt
N, 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
Department of Parks
and Recreation
2600 South Bayshore Drive
Miami, Florida 33133
CONTRACTOR
The Miami Rowing
Club, Inc.
P.O. Box 3061
Miami, Florida 33159
a. Title and paragraph headings are for convenient
reference and are not a part of this Agreement.
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.
3. 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.
VI.
OWNERSHIP OF DOCUMENTS:
All documents developed by CONTRACTOR under this Agree-
ment shall be delivered to CITY by said CONTRACTOR upon
completion of the services required pursuant to paragraph II
hereof and shall become the property of CITY, without restric-
tion or limitation on its use. CONTRACTOR agrees that all docu-
ments maintained and generated pursuant to this contractual
relationship between CITY and CONTRACTOR shall be subject to all
provisions of the Public Records Law, Chapter 1198 Florida
Statutes.
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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 CITY to CONTRACTOR
pursuant to this Agreement shall at all times remain the property
of CITY and shall not be used by CONTRACTOR for any other pur-
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l poses whatsoever without the written consent of CITY.
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j VII.
NONDELEGABILITY:
That the obligations undertaken by CONTRACTOR 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 service or any part thereof by another person or firm.
VIII.
AUDIT RIGHTS:
CITY reserves the right to audit the recor__ of CONTRACTOR
at any time during the performance of this Agreement and for a
period of one year after final payment is made under this
Agreement.
IX.
AWARD OF AGREEMENT:
CONTRACTOR warrants that he/she has not employed or retained
any person employed by the CITY to solicit or secure this Agree-
ment and that he/she 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.
This Agreement shall be binding upon the parties herein,
their heirs, executors, legal representatives, successors, and
assigns.
XII.
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INDEMNIFICATION:
CONTRACTOR shall indemnify and save CITY harmless from and
against any and all claims, liabilities, losses, and causes of
action which may arise out of activities under this contract,
including all other acts or omissions to act of CITY, its
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officers or employees, and from and against any orders, judgments
or decrees which may be entered and from and against all costs
and attorney's fees, expenses and liabilities incurred in the
defense of any such claims, or the investigation thereof.
INSURANCE:
CONTRACTOR shall carry insurance coverage as specified below
throughout the term of this agreement.
a. Comprehensive General Liability Insurance - with at
least a combined single limit for bodily injury, and property
damage liability of $1,000,000 per occurrence. The explosion,
collapse, and underground exclusions shall be eliminated.
Contractual Liability, Products and Completed Operations
coverage, and Personal Injury coverage shall be included.
b. The CITY shall be named as an Additional Insured on the
policies as recited in Paragraph a. above. The intent of this
endorsement is that insurance policies providing coverage for the
CONTRACTOR as Named Insured shall be primary for any loss or
claim, as a result of work being performed under the scope of
this agreement.
c. The minimum qualifications as to management and
financial strength of the Insurance Companies are as follows:
The Company must be rated no less than "A" as to.
management, and no less than "Class X" as to strength, by the
last edition of Best's Insurance Guide, published by Alfred M.
Best Company, Inc., 75 Fulton Street, New York, New York.
CONTRACTOR shall furnish Certificates of Insurance to
the CITY prior to commencing any operations under this Contract,
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which Certificates shall clearly indicate that the CONTRACTOR has
obtained insurance, in the types, amount, and classifications, in
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strict compliance with this Article.
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XiV.
CONFLICT OF INTER9ST:
CONTRACTOR is aware of the conflict of interest laws of the
City of Miami (City of Miami Code Chapter 20 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 res-
pects with the terms of said laws.
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XV.
INDEPENDENT CONTRACTOR:
CONTRACTOR and his/her employees and agents shall be deemed
to be independent contractors, and not agents or employees of
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CITY, and shall not attain any rights or benefits under the Civil
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Service or Pension Ordinances of CITY, or any rights generally
afforded classified or unclassified employees; .,.ther he/she
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shall not be deemed entitled to the Florida Wor:. s' Compensation
benefits as an employee of CITY.
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XVI.
TERMINATION OF CONTRACT:
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CITY retains the right'to terminate this Agreement at any
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time prior to the completion of the services required pursuant
to paragraph II hereof without penalty to CITY. In that event,
notice of termination of this Agreement shall be in writing to
CONTRACTOR, who shall be paid for those services performed prior
to the date of his/her receipt of the notice of termination. In
no case, however, will CITY pay CONTRACTOR an amount in excess
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of the total sum prop• .led by this Agreement.
It is hereby understood by and between CITY and CONTRACTOR
that any payment made in accordance with this Section to
CONTRACTOR shall be made only if said CONTRACTOR is not in
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default under the terms of this Agreement. If CONTRACTOR is in
default,'then CITY shall in no way be obligated and shall not
pay to CONTRACTOR any sum whatsoever.
XVII.
NONDISCRIMINATION:
CONTRACTOR agrees that he/she shall not discriminate as to
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race, sex, color, creed, or national origin in connection with
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his/her performance under this Agreement.
XVIII.
MINORITY PROCUREMENT COMPLIANCE:
CONTRACTOR acknowledges 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
substantive and procedural provisions therein, including any
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XIX.
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;j 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
i authorization, reduction of funds, and/or change in regulations.
XX .
DEFAULT PROVISION:
In the event that CONTRACTOR shall fail to comply with each
I and every term and condition of this Agreement or fails to per-
form any of the terms and conditions contained herein, then
CITY, at its sole option, uiaon written notice to CONTRACTOR may
cancel and terminate this Agreement, and all payments, advances,
or other compensation paid to CONTRACTOR by CITY while CONTRACTOR
was in default of the provisions herein contained, shall be
forthwith returned to CITY.
XXI.
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
instrument to be executed by the respective officials thereunto
duly authorized, this the day and year first above written.
CITY OF MIAMI, a municipal
Corporation of the State of
ATTESTS Florida
RALPH G. ONGIE
City Clerk
By
HOWARD V. GARY
City Manager
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Corporate Secretary.
WITNESSESs
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CONTRACTORS
$�I As to CONTRACTOR
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Corporation, two witnesses
must sign.)
APPROVED AS TO FORM AND CORRECTNESS:
jITYE
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R. GARCIA-PEDROSA
ATTORNEY
APPROVED AS TO INSURANCE REQUIREMENT:
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DEPARTMENWOF RISK MANAGEMENT
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CORPORATE RESOLUTION
WHEREAS, the Miami Rowing Club, Inc., desires to enter into
an agreement with the City of Miami for providing a rowing
program; and
WHEREAS, the Board of Directors of the 11..:;i Rowing Club,
Inc., has examined terms, conditions and obligations of the
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proposed contract with the City of Miami for providing a rowing
program; and
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WHEREAS, the Board of•Directors at a duly held corporate
meeting has considered the matter in accordance with the By -Laws
b of the corporation;
f NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
- THE MIAMI ROWING CLUB, INC., that the president and secretary are
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hereby authorized and instructed to enter into a contract in the
name and on behalf of this corporation with the City of Miami for
providing a rowing program, 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.
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IN WITNESS WHEREOF, this Ay day of
�70 , .
. CHAIRMAN, Board of Directors
ATTEST:
CORPO TE SECRETARY
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CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
COMMISSION ACTION Y
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` TO: Howard V. Gary DATE: Jul 11, 1984 FILE: h
City Manager y
SUBJECT: Resolution Authorizing an
Agreement with the Miami
Rowing Club.
FROM4: eId vw�N REFERENCES: Jul 31 1984 City
Acting Di ,,
or Commission Meetings
Departmen of Parks ENCLOSURES:
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"It is recommended that the City
Manager be authorized to execute
the attached agreement with the
Miami Rowing Club, Inc. to pro-
vide rowing instruction to resi-
dents of the City for $12,000,
per the attached resolution."
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The Parks and Recreation Department wishes to provide summer rowing
camps for approximately 100 children, as well as an inter -park
rowing program. The Miami Rowing Club, Inc. has agreed to provide
a site, equipment, professional coaching, and administration of
these programs for $12,000 from August 6 through December 14, 1984.
Funds for this agreement are available from the Parks and Recrea-
tion Department's $500,000 Supplemental Budget.
SLM/ar
Enclosure
cc. Law Department
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CITY OF MIAMI, FLORIDA
COMMISSION ACTION INTER -OFFICE MEMORANDUM t
To: Howard V. Gary DATE: September 28, 1984
City Manager
FRoM: Carl Kern
Acting Director
Department of Parks and Recreation
SUBJECT: Resolution Authorizing an
Agreement with the Miami
Rowing Club
REFERENCES: October 10, 1984 City Commission
Agenda
ENCLOSURES:
"It is recommended that the City
Manager be authorized to execute
the attached agreement with the
Miami Rowing Club, Inc. to pro-
vide an inter -park rowing program
to residents of the City for
$12,000, per the attached resolu-
tion."
The Parks and Recreation Department wishes to provide an inter -park
rowing program for City youths. The Miami Rowing Club, Inc. has
agreed to provide a site, equipment, professional coaching and
administration of this site for $12,000 from September 14 through
December 14, 1984.
The City Commission, via Motion 84-966, dated September 13, 1984,
authorized the allocation of $12,000 for this program.
Funds for this agreement are available from the Parks and Recreation
Department's $500,000 Supplemental Budget, FY 83-84.
KDH:mo
Enclosure
cc: Law Department