Loading...
HomeMy WebLinkAboutR-84-0827J-84-624 7/5/84 rr/008/R7 M84-621 6/14/84 RESOLUTION NO. A RESOLUTION ALLOCATING $9,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, [QUALITY OF LIFE FUND. IN SUPPORI OF THE NATIONAL PARK INSON FOUNDATION'S ANNUAL FUND RAISING_, EVENT In BE HLl_D IN THE. MIAMI CONVENTION CENTER ON FEBRUARY 24, 1985; FURTHER AUTHORI7ING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED, 3,11 TH THE AFnRESAID FOUNDATION; SAID ALLOCATInN BEING CONDITIONED UPON SUBSTANTIAL COMPLIANCE WITH CITY OF MIAMI ADMINISTRATIVE POLICY NO. APM-1-84, DATED JANUARY 24, 1984, AND UPON MATCHING FUNDS BEING PROVIDED BY DADE COUNTY. WHEREAS, the National Parkinson Foundation, Inc. is a nonprofit organization which provides diagnostic and rehabilitative services for Parkinson and related neurologically diseased patients through diagnostic rehabilitative treatment and care facilities, and also provides research grants to various institutions for the study and cure of Parkinson and related neurological diseases; and WHEREAS, the National Parkinson Foundation, Inc. is desirous of staging its annual fund raising event at the Miami Convention Center on February 24, 1985; and WHEREAS, the National Parkinson Foundation, Inc. has requested funds from the City to cover the cost of renting the Miami Convention Center, utilizing technical staff and box office services available from the Center; and WHEREAS, the City Commission, by Motion 84-621 on June 14, 1984, authorized the allocation of $9,000 in support of said Foundation; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: CITY C01414ISSION MEPTIN G ;x, JUL_ 'to 15w- - LEW,, iUL�,-,, AIM Section 1. The sum of $9,000 is hereby allocated from Special Programs and Accounts, Quality of Life Fund, in support of the National. Park.inaon Foundation, Inc.'s annual fund raising event Fehrtiar-y Section 2. The City f1anager is hereby authorized to execute an agreement, i_n suhstant, ially the form attached, with the aforementioned foundati(in to provide support for said agency's annual fund raising event. Section 3. The herein a.IIocat:ion is conditioned upon substantial compliance with City of tdiami Administrative Policy No. APt�-1-84, dated January 24, 1984, and upon matching funds being provided to the Foundation by Dade County. PASSED AND ADOPTED this 30 day of July , 1984. Maurice A. Ferre ATTEST: RAL G. NGE, L PREPARED AND APPROVED BY: 1, DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: AITYTORNEY HUbA • • _ 112 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM OR -� Howard V. Gary DATE: July 9, 2984 FILE: City Manager SUBJECT. Parkinson foundation Formalization of Motion 84-621 FROM: Dena Spillman, Director REFERENCES:July 30, 1984 Commission Agenda Department of Community Development E, ENCLOSURES: Attached is a cover memorandum, resolution and aq r_eement in connection with the funding request from the National Parkinson Foundation for their annual fund raising event to be held at the Miami. Convention Center on February 24, 1985. The Convention Center is recommending that $9,000 be allocated to cover the cost of renting the Miami Convention Center in support of this event. This item has been reviewed by our office, 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 CITY OF MIAMI. FLORIDA 112 INTER -OFFICE MEMORANDUM Howard V. Gary DATE: July 9, 2984 City Manager SUBJECT, National Parkinson Foundation Formalizak-f -ion oNotion 84-621. FROM Dena Spillman,- Director REFERENCES July 30 1984 Commission Agenda Department of Community Development ENCLOSURES. W Attached is a cover memorandum, resolution and aureement in connection with the funding request from the National Parkinson Foundation for their annual fund raising event to be held at the Miami Convention Center on Februar-,7 24, 1985. The Convention Center is recommending that $9,000 be allocated to cover the cost of renting the Miami Convention Center in support of this event. This item has been reviewed by our office, 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 .10 CITY OF MIAM1, FLORIDA INTER -OFFICE MEMORANDUM TO. Howard V. Gary DATE: June 28, 1984 FILE: City Manager SUBJECT: Resolution Formalizing Motion 84--621 Requesting �,. Funds National Parkinson FROM: C. Dean Hofineister1 Exec. Dir-. REFERENCES: Foundation Annual. Fund City of Miami/University of Miami Raising Event James L. Knight Int' l . Center ENCLOSURES It is recommended the City Commission adop'; a resolution formalizing Motion 84-621 allocating 9,000. from Special Programs and Accounts, Quality of Life Fund, in support of the National Parkinson Foundation's annual fund raising event to be held in the City of Miami/University of Miami James L. Knight International Center on ebruary 2 , 1985; further authorizing the City Manager to execute an agreement in substantially the form attached, with the aforesaid foundation; said allocation being conditioned upon substantial compliance with the City of Miami Administrative Policy Pao. APM-1-84, dated January 24, 1984, and a matching amount being allocated by Dade County. The National Parkinson Foundation, Inc. desires to hold their annual fund raising event in the City of Miami/University of Miami James L. Knight International Center on February 24, 1985. At this event many personalities of international prominence are expected to attend. Additionally, the event will be nationally televised and fully covered by all other media. The National Parkinson Foundation, Inc. has requested $9,000. to offset rental charges and support services at the Center, A matching allocation has been requested by the Foundation from Dade County. It is felt the allocation is a good investment not only in support of a worthwhile charity, but also for the outstanding favorable publicity to be gained for the City. We have reviewed the attached application and proposed budget of the National Parkinson Foundation, Inc. and recommend this request for funding in the amount of $9,000. be approved in accordance with the procedures outlined in APM-1-84. Funding to be from Special Programs and Account, Quality of Life Fund. cc: Cesar Odio Alex Vilarello Robert F. Clark Community Development AGREEMENT BETWEEN THE CITY OF MIAMI AND THE NATIONAL PARKINSON FOUNDATION, INC. This agreement entered into this clay of 1984, by and betwen the Ci_t,.y of ;liami., a municipal corporation of Dade County, Florida, hereinafter referred to a; "CITY" and National Parkinson Foundation, Inc. hereinafter referred to as "GRANTEE". W I T N E S S E T H WHEREAS, The National Parkinson Foundation, Inc. is desirous of staging their nationally televised annual fund raising event at the City of Miami/University of Miami James L. Knight International Center, and WHEREAS, the City of Miami is desirous to financially support the efforts of the National Parkinson Foundation, Inc.; NOW, THEREFORE, the City of Miami and National Parkinson Foundation, Inc. do mutually agree as follows: 1. TERM: The ':erm of this Agreement shall commence on February 23, 1985 and terminate on February 25, 1985. ' 2. GRANTEE AGREES: a) GRA14TEE shall stage their "Gala For Hope" at the Miami Convention Center, February 24, 1985. b) GRANTEE shall execute a separate use agreement with the Miami Convention Center. c) GRANTEE shall utilize technical staff and box office services available from the Center. d) GRANTEE shall pay directly to the Center all rental costs and productions expenses incurred. 3. COMPENSATION: a) CITY shall pay GRANTEE as maximum compensation for the services outlined pursuant to Paragraph 2 hereof, of the amount of $9,000. from Special Programs and Accounts, Quality of Life fund. i b) Said compensation shall be made on presentation of paid receipts and invoices in accordance with the approved line item budget. 1 L.WWi3'.J"utkYiL -.._a a) Prior to receipt of reimbursement, GRANTEE shall provide proof of contribution of $9,000. from Metropolitan Dade County _ for said event. 4. TERMINATTON 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 sum 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, pursuant to the terms of Paragraph 14 or any other provisions of this Agreement, then CITY shall in no way be obligated and shall not pay to GRA14TEE 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 services, 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. Name and address of GRANTEE: National Parkinson Foundation, Inc. 1501 N.W. 9th Av(--nue, Bob Hope Road Miami, Florida 3313f� City address: a0o S.E. 2nd. Avenue M arni , F1 ori.da 33131 b) Titles and paragraph headings are for convenient reference and are not a part of this Agreement. F% 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 thi:7 Agreement: shall rule. 6. AWARD OF AGREEMENT: GRANTF_.Ewarrant^ than, 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: That the obligations undertaken by the GRANTEE 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 services or any part thereof another person or firm. 8. CONSTRUCTION OF AGREEMENT: This Agreement shall be construed and enforced according to the laws of the State of Florida. ' 9. SUCCESSOR AND ASSIGNS: This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors and assigns. 10. AUDIT RIGHTS: a) Prior to the release of any funds to GRANTEE, GRANTEE shall provide CITY a letter from an independent Certified Public Accountant (C.P.A.) which established that GRANTEE's internal controls are adequate to safeguard their assets and properly reconcile accounting transactions. CITY will not release any funds to the GRANTEE prior to receipt of this letter. 84-82'7 E r], 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) GRANTEES receiving $25,000 or more agree to submit to the City's Department of Community Development 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 the City's Department of Community Development no later than ninety (90) days after the termination of this Agreement of 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 GRANTEE's activities under this Agreement, including all other a-ts or omissions to act on the part of GRANTEE or any of them, including any person acting for or on his or their 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 thereof. 12. CONFLICT OF INTEREST: GRANTEE is aware of the conflict of interest laws of the City of ?°tiami (Miami City Code Chapter 2, Article V), Dade County, Florida (Dade County Code, Section 2-11.1) and the Florida Statutes, and agrees that they will fully comply in all respect with the terms of said laws. 4 84-�82 9 13. INDEPENDENT CONTRACTOR: 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 the City or any rights generally afforded classified or unclassified employees; further he/she shall not be deemed entitled to Florida Worker's Compensation benefits as an employee of CITY. 14. DEFAULT PROVISIONS: a) In the event GRANTEE fails to comply with each and every term and condition of this Agreement, GRANTEE shall be required to repay all funds advanced under this Agreement to City and GRANTEE may not be eligible to apply for additional grant funds. b) In the event of default, CITY may cancel and terminate this Agreement, and said Agreement shall be null and void of no further force and effect. 15. NON-DISCRIIIINATION: GRA14TEE agrees that it shall not discriminate as to race, sex, color, creed, or national origin in connection with its performance under this Agreement. GRANTEE 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 amendments thereto. 16. 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. 5 84-820 17. CONTINGENCY CLAUSE: a) 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. b) Allocation of the funds requested is contingent on the GRANTEE obtaining funds in the same amount from Dade County. 18. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Both parties shall comply with all applicable laws, ordinances and codes of Federal, State and Local Governments. 19. BONDING AND INSURANCE: a) During the term of this Agreement, GRANTEE shall maintain bonding and insurance coverages in 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. 20. ASSURANCES AND CERTIFICATIONS: GRANTEE assures 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 as Exhibits 1 and 2), 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. 6 84-82'7 A 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 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 understanding and assurances contained herein, and directing and authorizing the person identified as the official representative of GRANTEE to act in connection with GRA14TEE and to provide such additional information as may be required. 21) 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 by the respective officials thereunto � 84-82rd duly authorized this the day and year first above wri,ten. CITY OF MIAMI, a municipal corporation of the State of Florida ATTEST: Ralph Ongie City Clerk ATTEST: SECRETARY APPROVED AS TO FORM AND CORRECTNESS: JoseGarcia-Pedrosa City Attorney APPROVED AS TO INSURANCE REQUIREMENTS Department o .Risk Management By Howard V. Gary City Manager GRANTEE: By PRESIDENT SEAL 8