HomeMy WebLinkAboutR-84-08244r
J-84-687
7/16/84
rr/017/R7
M84-574
(5/24/84)
RESOLUTION NO. 84-824
A RESOLUTION AI_LDr.ATING AN AMOUNT NOT TO
EXCEED $25,000 FROM SPECIAL PROGRAMS AND
ACCOUNTS, QUAL T TY OF I_ IFF F11ND. IN
SUPPORT OF THE PROGRAH OF T11F OPERA GUILD
OF GREATER MIAHT, D/B/A THE GREATER MIAMI
OPERA ASSOCIATION; SAID ALLOCATION 13EING
CONDITIONED UPON SUBSTANTIAL COMPLIANCE
WITH CITY OF MIAMI ADMINISTRATIVE POLICY
NO. APM-1-84, DATED JANUARY 24, 1984.
WHEREAS, the City Commission, by Motion No. 84-574 on
May 24, 1984, expressed its intent to allocate $25,000 in
support of the program of the Opera Guild of Greater Miami,
d/b/a the Greater Hiarni Opera Association;
NOW, THFRFFORE, 13E IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. An amount not to exceed $25,000 is hereby
allocated from Special Programs and Accounts, Quality of Life
Fund, in support of the program of the Opera Guild of Greater
Miami, d/b/a the Greater Miami Opera Association.
Section 2. The herein allocation is conditioned upon
substantial compliance with City of Miami Administrative
Policy No. APM-1-84, dated January 24, 1984.
PASSED AND ADOPTED this 30th day of July , 1984.
ATTEST:
CITY CLOY-
-�
PREP RED AND APPROVED BY:
APPRO ED AS TO FORM AND CORRECTNESS:
-
I& t -
ARCIA-PED 0 A, CITY ATTOR
Maurice A. Ferre
CITY COPJi.MISSION
MEEIIMIG OF
JULu0 1984
I:LtdI,I;L`.;
F
CITY OF MIAMI. FLORIOA 7
9 INTER -OFFICE MEMORANDUM
ro. Howard V. Gary
City Manager
�,� �(�Di eX-0—r
FRoM Del i l.lrii n ,
1'`D�part nt of Community Development
DATE: July 10, 1984 ME -
SUBJECT: Reso lut ion Formalizing
Motion 84--874 allocating $25,000
to Greater Miami Opera
REFERENCES: City Commission Agenda
July 30, 1.984
ENCLOSURES:
Attached is the cover memorandum, resolution and acireement prepared
by Parks and Recreationi.n connection with the fundino request from
Greater Miami Opera for $25,000 from Special Programs and Accounts,
Quality of Life, to cover the cost for four weeks of: free instruction
to disadvantaged youth and for their In -School Opera Program.
Their STARS Program will provide four weeks of free instruction for
disadvantaged youngsters from Miami at the Koubek Memorial Center of
the University of Miami, located at 2705 S.1%1. 3rd Street; the
In -School Opera Program will tour every high school in the City of
Miami. More than 4,000 youngsters will witness the performances.
On May 24, 1984 by Motion 84-574, the City Commission expressed
their intent to allocate $25,000 to the organization subject to
the events beina held in the City of Miami. The attached legis-
lation formalizes this motion.
This item has been reviewed by our Department, and,if it meets with
your approval, it may be placed on the July 30th agenda.
This allocation substantially complies with APM-1-84.
/jmb
Enclosure
CITY OF MIAM1. FLORIDA
INTER -OFFICE MEMORANDUM
COMMISSION ACTION
TO: Howard V. Gary DATE: June 28, 1984 FILE:
City Manager
SUBJECT: Resolution Allocating $25,000
to the Greater Miami Opera
Association,
V
FROM: Carl Kern REFERENCES: July 30, 1984 City Commission
Acting Director Meeting.
Department of Parks ENCLOSURES:
"It is recommended that $25,000 be
allocated from Special Programs
and Accounts, Quality of Life Fund
to the Greater Miami Opera Asso-
ciation, formalizing Motion No.
84-574 of May 24, 1984, per the
attached resolution."
The City Commission, by Motion No. 84-574 on May 24, 1984, expressed
their intent to allocate $25,000 to the Greater Miami Opera Associa-
tion in connection with the staging of Greater Miami Opera events
and subject to such events being held within the corporate limits of
the City of Miami.
Monies for this grant is available from Special Programs and Accounts,
Quality of Life Fund.
$LM/ar
84-824
F - -
�j
AGREEMENT
This agreement entered into this day of
1984, by and between t1he City of Pla.ami, a municipal corporation
of Dade County, Florida, herein.a.fter referred to as "CITY"
and the Opera Guild of Greater Miami d/b/a the Greater Miami
Opera Association, hereinafter referred to as "GRANTEE".
WITNESSETH:
WHEREAS, the City Commission, by Resolution No. of
1984, allocated an amount not to exceed
$25,000 to the Opera Guild of Greater Miami, d/b/a the Greater
Miami Opera Association for the cost of the STARS and the In -
School Opera Programs to be held June 25 - July 21, 1984 and
October 8 - December 7, 1984, respectively, with monies from
Special Programs and Accounts, Quality of Life Fund; and
WHEREAS, the City Commission by Resolution No.
of authorized the City Manager to enter into
an agreement with the Opera Guild of Greater Miami d/b/a the
Greater Miami Opera Association.
NOW, THEREFORE, the City of Miami and the Opera Guild of
Greater Miami d/b/a the Greater Miami Opera Association do
mutually agree as follows:
1. TERM
The term of this Agreement shall be from June 25, 1984
through December 7, 1984.
2. GRANTEE AGREES ,
A) GRANTEE shall present the STARS Program at the University
of Miami Kouoek %lemorial Center to provide four weeks of free
operatic ins,�.ruction to disadvantaged youth from June 25, 1984
through July 21, 1.9z-1.
B) GRA-',;'EL shall present the In -School Opera Program at high
s'.hools within the City of Miami from October 8, 1984 through
December 7, 1984.
3. COMPENSATION
A) CITY shall pay GRANTEE, as maximum compensation for the
services pursuant to Paragraph 3 hereof, $25,000.
$) Such grant shall be paid on the following bases:
(i) $13,500 upon the presentation of original paid bills
for the STARS Program.
( ii ) $11 , 5010 upon t_he presenta.ti.on of or i.g .na l paid bills
for the - Itichc�nI Opera. Progiram.l
C) Such grant sha,l_1. be paid in accordance with the approved
line item iu'sc t attached and incorporated as a part of
this Agreemr-nt..
4. 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 '>vent, notice of termination of this
Agreement shall be in writing to GR/�,NTEE who shall be paid
for expenses incurred prior to the date of the receipt of the
notice of termi_nation. In no case, however, will CITY pay
GRANTEE an acaount 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 GRANTEE is in default, then CITY
shall in no way be obligated and shall not pay to GRANTEE any
sum whatsoever.
5. GENERAL 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
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.
GREATER MIAMI OPERA ASSOCIATION
1200 Coral Way
Miami, Florida 33145
CITY OF MIAMI - 2600 South Bayshore Drive
Miami, Florida 33133
2
84—'s24
B) Titles and paragraph headings are for convenient
reference and are not a part of this Agreement.
C) In 1,^t17ecn the terms of this
Agreement_ and any t:F'r'r!c r)- (,nnlitions contained in documents, the
terms in this :�grnni tent ^ha 1.1. rule .
G . AWARD 01:, AGRr EMENT
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
employed by CITY any fee, commission, percentage, brokerage fee,
or gifts of any kind contingent upon or resulting from the award
of this agreement.
7. NON-DELEGABILITY
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 services or any part thereof by another person or firm.
B. CONSTRUCTION OF AGREEMENT
This Agreement shall be construed and enforced according to
the laws of the State of Florida.
9.SUCCESS0RS AND ASSIGNS
This Agreement shall be binding upon the parties herein,
their heirs, executors, legal representatives, successors, and
assigns.
10. 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 property record funds. CITY will
not release any funds to GRANTEE prior to the receipt of this
letter.
B) CITY reserves the right to aud'.t 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.
e
3 84- 824
more.
C) CITY will audit all GRANTEES receiving*$15,000 or
D) All GRANTEES rec:ei_ving $25,000 or more agree to submit to
the C.lty' 4 ,"�ai:i ic��'r C1l hi:=^ designz r*-- in i.ndPpendent audit, by a
a a.c�col,'Int:.a.nt, '�ahiCh mils -. hr? -xjp ,' 'ssion of
certifies, public incl�acl -. ,
an opinion on the fi.nanci_al statements and accountf7l of funds.
Said audit shall be submitted to the City Manager or his designee
no later than 90 drays after: the termination of this Agreement or
final receipt of CITY funds, whichever is applicable.
11. INDEMNIFICATION
GRANTEE shall indemnify and save CITY harmless from and
against any and all claims, liabilities, losses, and cause of
action, which may arise out of GRANTE'E'S activities under
this Agreement, including all other acts or ommissions to act on
the part of G11-1,7NTTEE, including any person acting for or on
his/her behalf, and from and against any orders, judgments or
decrees which may be entered, and from and against any and all
costs, attorney's fees, expenses and liabilities incurred in the
defense of any such claims, or in the investigation thereof.
12. CONFLICT OF INTEREST
GRAr�1TEE is aware of the conflict of interest laws of the
City of Miami (,Miami City Code Chapter 2, Article 1I), Dade
County, Florida (Dade County Code Section 2-11.1) and the State
of Florida, and agrees that he/size will fully comply in all
respects with the terms of said laws.
13. INDEPENDENT CCN"_ TRACTOR
GRANTEE and its employees and agents shall be deemed to
be independent 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 Compensation benefits as an employee of CITY.
4 84-824
14. DEFAULT PROVISIONS
In the event GRANTEE fails to comply with each and every
term and condition tgreement or fails to perform any of
the terms nnd r t7ili,`,i.r�n.^ r ncr7 li.er.r�in, than CITY, at its sole -
option, upon wr-i.'_ten T.ot ice to rl _elili.'1 F; ma.y caric . anc. t. l:`rli_rlate
this Agreement, ;7ind all. paymnnt.s, advance,, or ogler compensation
paid to GRANTEE by CITY while GRi'l^ZTEE was in default of the
provisions herein contained, shall be forthwith returned to CITY.
15. NON-DISCRIMINATION
GRANTEE agree —that there shall be no discrimination as
to race, sex, color, creed or national origin in connection with
any operations under this Agreement.
k� 16. MINORITY PROCUREMENT COMPLIANCE
GRANTEE acknowleges 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
amendments thereto.
17. 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.
18. 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.
19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
Both parties shall comply with all applicable laws,
ordinances and codes of Federal, State and Local governments.
5
84--824
20. BONDING AND INSURANCE
A) During the term of this Agreement, GRANTEE shall
maintain bondinq and insurance coverages in the amounts as
determined by the Risk ` anagement 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 assur h and certifies that:
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
maintained.
C) The expenditures of CITY funds will be properly
documented and such documentation will be maintained.
D) Periodic progress reports as requested by CITY will
be provided.
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
authority.
F) No activity under this agreement shall involve political
activities.
G) GRANTEE possesses legal authority to enter into this
Agreement; 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
understandings and assurances contained herein, and directing ana
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.
6 84-824
5
22. AMENDMENTS
No amendments to this Agreement shale be binding on either
party and signed by both parties.
IN W,_LTN17SS WTITER7017, tIVI hereto have caused this
Agreement to I)- i" t1leir names by their duly authorized
officers and the corporate seals to be affixed hereto, all as of
the day and year first above written.
ATTEST:
Ralph ongie,
City Clerk
ATTEST:
SECRETARY
APPROVED AS TO FORM AND CORRECTNESS:
Jose Garcia -Pedrosa,
City Attorney
APPROVED AS TO INSURANCE REQUIREMENTS:
Division of Risk Management
CITY OF MIAMI, a
municipal corporation
of the State of Florida
By
Howard V. Gary,
City Manager
OPERA GUILD OF GREATER
MIAMI
By
PRESIDENT
SEAL
7 84-824
ASSOCIATION
June 15, 1984
1200 Coral Way . Miami, Florida 33145 . (305) 854-1643
Tr
rrh
..t
ot
COMIMUmNITY
1V1�''.�ELOPMENT
Ms. Dena Spillman, Director
Department of Community Development
P.O. Box 330708
Miami, Florida 33233-0708
Dear Dena:
BRUCE G. !BEARD
Director of Development
Enclosed are line -item budgets for our STARS and In -School Opera
Programs reflecting how the $25,000 City of Miami grant will be
used by the Greater Miami Opera Association.
Our STARS program viill provide four weeks of free instruction for
disadvantaged youngsters from Miami at the Koubek Memorial Center
of the University of Miami (at 2705 S.W. 3rd Street). At the con-
clusion of the program, a showcase, open to the public free of
charge, will highlight the achievements of these young artists as
positive examples for other underprivileged youngsters in the com-
munity to emulate.
The In -School Opera Program, now in its eleventh year, will tour
every high school in the City of :Miami with performances of Leonard
Bernstein's Trouble in Tahiti.. More than 4,000 students will wit-
ness these performances and also have the opportunity to attend
special educational workshops dealing with various aspects of the
performing arts.
If any further information is required, please do not hesitate to
contact me.
Warm persona Y- ards,
��.----
ruce- Heard
BGH:wk
Enclosures
84-824
Breakdown of
STARS: Summer Training
EXPENSES
Project Coordinatc
Instructors:
Music
Theater
Dance
Promotional Mater�
Rental Space
Transportation:
Drivers (2)
$3.50/hi
Local Mileage
Public Relations
Office Expenses
Class Materials
TOTAL
*Items for which City of Miami funds are requested.
0
200 •
$ 18,100
84-824
-9
WE
Breakdown of
In -School Opera Program
EXPENSES
Personnel -Administration
Production
81510
Personnel -Artistic
W
Costume and Set Designers
1,850
Stage Director
3,200
Principal Artists:
W-k
7 @ $400/wk x 10 wks.
28,000
2 @ $400/wk x 10 wks.
8,000-
1 @ $350/wk x 10 wks.
3,500*
Benefits and Other
13,870
58,420
Personnel-Technical/Production
Stage Manager
5,500
Space Rental
Rehearsal Hall Rental
500
Travel
Artist Transportation
2,800
Marketing
General
1,750
Remaining Operating Expenses
Music Purchase
8,620
Production:
Scenery, Props and Supplies
3,000
Costumes and Make -Up
3,300
Transportation
4,900
Miscellaneous
7,000
26,820
TOTAL
104,300
*Items for which City of Miami funds are
requested.
01
84-824