HomeMy WebLinkAboutR-84-0831J-84-689 OF
RESOLUTION NO.
A RESOLUTTON ALT,O('11TITT = 701 A 111N NOT
TO EXCEED $1 5 , 1 20 FPO" ;';T'T'/'Till, PROC;RAMS
AND ACCOUT,% T ',, QI1-tiI,11FIV ()F ,TF'F; F!-M-7 ), TO
RUNNERS TnT'T t;R,,TAITT.OtT,TAI,, TFT{:. , TO COVER
THE COST OF I?_EN11'7\T_, FOI? 'T HF, GROVE
EXHIBTTTON CET 'VER ON J/VjUARY 3,4 rA.T.TD 5,
1985; rl_ITT'ITOn T:7,TP4(', THE P' M7T TON OF IN -
KIND SrRVTC ES IT4 SUPPORT OF H. 1.985
ORANGE F3pt° [, RUNNTTITG S F, R T. F �; SAID
ALLOCATION TTTEING CONDIT1.ONIED UPON
SUBSTANTIAL COMPI_,TANCE WITH CITY OF
MIAMI ADMINISTRATIVE POLICY NO. APM-1-
84, DATED JANUARY 24, 1984.
WHEREAS, the City of Miami recognizes the importance of
international athletic competition; and
WHEREAS, the Citv of Miami desires to support the annual
Orange Bowl series of events; and
WHEREAS, Runners International has requested a fee waiver in
the amount of $15,120 for the use of the Coconut Grove Exhibition
Center and in -kind services from the City in support of the 1985
Orange Bowl Running Series;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section I. An amount not to exceed $15,250 is hereby
allocated from Special Programs and Accounts, Quality of Life
Fund, to Runners
International, Inc., to
cover the cost
of
renting the Coconut
Grove Exhibition Center
on January 3,4 and
5,
1985 in support of the 1985 Orange Bowl Running Series.
Section
2.
The
provision of necessary in -kind
services is
hereby
authorized
for
the Departments of Parks and
Recreation,
Police, and Building and Vehicle Maintenance.
Section 3. 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.
_ Maurice A. Ferre
MAYOR
ATTEST:
Ralp1VG. Ongie, City Cle
CITY CUN11V11aZ:)1viY
MEETITIC CI'
JUL ti0
f \ 4
1
MMI
PREPARFi? t�*?i) ,.a-���?�')�;t t) By'
Ro-be s=T Y - r 1. ,, i•
Deputy C' i.t_v ia. ev
APPROVED 1v.r-; TO FORt'S AND CORRECTNESS:
A.
ose Re Garcia --Pedrosa
City Attorney
84-83�,
2 _
gq
q
CITY OF MIAM1, FLORIDA
127 INTER -OFFICE MEMORANDUM
TO. Howard V. Gary DATE: July 10, 1984 FILE:
City Manager
+ SUBJECT: Special Funding Request:
j Runners International, Inc.
REFERENCES: City Commission Agenda
FROM: J Qena�'Spi� m�s�, �'e
;Crr
De+pyartm ntf Community Development July 30, 1984
ENCLOSURES:
Attached are the cover memorandum and resolution prepared by Parks and
Recreation recommending that $15,120 be allocated from Special Programs and
Accounts, Quality of Life, to Runners International, Inc., sponsors of the
1985 Orange Bowl Running Series, to cover the cost of renting the Coconut
Grove Exhibition Center on January 3-5, 1985, as part of the Orange Bowl
Marathon. The attached resolution further authorizes the City to provide
the necessary in -kind services to support the Orange Bowl Marathon and the
Orange Bowl 5-mile race, which is estimated at $15,000. The City of Miami
has supported the Orange Bowl Marathon since its inception in 1977.
This Department has reviewed the attached and, if it meets with your approval,
it can be scheduled on the July 30, 1984 Commission agenda. Funds would not
be needed during this fiscal year, however, the sponsors have requested that
the City advise them of its intent to support this event.
They have also requested funds from Dade County Council of Arts and Sciences,
the City of Miami Beach, Village of Bal Harbour, the City of Coral Gables and
the Town of Surfside, and they are awaiting a response to their requests.
This request substantially complies with Administrative Policy APM-1-84, dated
January 24, 1984.
/ri f
Enclosure
84-83J,
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
COMMISSION ACTION
TO Howard V. Gary DATE: July 9, 1984 FILE
City Manager
SUBJECT: Resolution Allocatina Funds
to the 1985 Orange Bowl
Running Series.
FROM Carl Kern REFERENCES: July 30, 1984 City Commission
Acting Director Meeting.
Department of Parks ENCLOSURES:
and Recreation
"It is recommended that $15,120 be
allocated from Special Programs
and Accounts, Quality of Life Fund
to Runners International, Inc. to
cover the cost of the rental of
the Coconut Grove Exhibition Center
on January 3, 4 and 5, 1985, autho-
rizing the provision of in -kind
services in support of the 1985
Orange Bowl Running Series to be
held January 3-5 and February 2,
1985, per the attached resolution."
Runners International, Inc. is planning the 1985 Orange Bowl Running
Series to consist of the following three (3) races:
1. The Orange Bowl Marathon; a 26.2 Mile race which will
begin at Haulover Beach and will end at Miami City
Hall.
2. The Orange Bowl 5 Miles which will begin and end at
Miami Citv Hall.
3. The Orange Bowl 10 K to be run at Miami Dade Community
College, South Campus. No funding is recommended for
this race as it will be held outside Citv limits.
The City of Miami has supported the. Orange Bowl 'Marathon since its
inception in 1977. This year, Runners International has requested
a fee waiver for the use of the Coconut Grove Exhibition Center and
in -kind services as weI.l as a $20,000 cash grant. The Parks and
Recreation Department reconLmends that the fee waiver and in -kind
services be provided only, per the attached resolution.
Monies for this grant are available from Special Programs and Ac-
counts, Quality of Life Fund.
/ar
Enclosure
J ,
84--83JL
AGREEMENT
This agreement entered into this day of ,
1984, by and. between 1-11e Cf.t;' t,f p9i. gin ., a. ni.tnicipal corporation
Of Dade County, Florida., hereinafter referred to as "CITY" and
f
Runners International, Inc., hereinafter referred to as
"GRANTEE".
WITNESSETH:
WHEREAS, the City Commission, by Resolution
No. of , 1984, allocated an amount
not to exceed $15,120 to Runners International, Inc. to cover the
cost of the rental of the Coconut Grove Exhibition Center on
January 3-5 and February 2, 19B5, in connection with the 1985
L
Orange Bowl Running Series, with monies from 9 9 Special Programs and
Accounts, Quality of Life Fund; and
WHEREAS, the City Commission, by the same Resolution,
i
authorized the provision of the necessary in -kind services by the
Departments of Parks and Recreation, Police, and Building and
Vehicle Maintenance e
WHEREAS, the City Commission by Resolution No.
of authorized the City Manager to enter into
an agreement with Runners International, Inc.;
i
- NOW, THEREFORE, the City of Miami and Runners International,
=1
Inc., do mutually agree as follows:
1. TERM
The term of this Agreement shall be from January 3, 1985
through February 2, 1985.
2. GRANTEE AGREES
A) GRANTEE shall produce the 1985 Orange Bowl Running
Series, consisting of a Sports Clinic on January 3, 1985, a Pre -
Marathon Party on January 4, 1985, the VIII Orange Bo4a1 Marathon
and Orange Bowl 5 Miler on January 5, 1985, and the Orange Bowl
10K on February 2, 1985.
B) GRP.I4TEE shall enter into a use agreement with the City of
Miami for the use of the Coconut Grove Exhibition Center.
C) GFtAI�YI'EE shall obtain all necessary licenses and permits
as prescribed by City Code for said event.
D) GRAINI EE shall comply with all covenants and requirements
stipulated in said use agreement, permits and licenses.
1 8�-�fl32
E) GRANTEE shall insure the safety and welfare of the
participants and the attending crowd by securing the services of
the City's Pol-ice, Fire and Sanitation Departments in the manner
i
prescribedl_ y said T?ep,)r':m.nnt:.s -
F) GRr' IN F E pay for all other costs associated with
producing the 1.9f35 orange Howl Running Series.
G ) GRANTEE sha l l provide a. statement to the City of
Miami,Department of Community Development of revenues and
expenditures related to said event within 30 days after the
completion of the event.
3. COMPENSATION
A) CITY shall pay GRANTEE, as maximum compensation for the
services pursuant to Paragraph 3 hereof, $15,120.
B) Such grant shall be paid on the following bases:
(i) The City of Miami, Department of Community
Development shall handle payment to all City Departments for and
on behalf of GRANTEE to cover the cost of the rental of the
Coconut Grove Exhibition Center in connection with the event up
to $15,120.
C) CITY will provide the necessary in -kind services of the
Departments of Parks and Recreation, Police, and Building and
Vehicle Maintenance at no cost to GRANTEE.
D) Such grant shall be paid in accordance with the approved
line item budget attached and incorporated as a part of this
Agreement.
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 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 GRANITEE 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 mode in accordance with this Section to GRANTEE
shall be made only if said GRANTEE is not in default under the
2 84-831
terms of this Agreement. If GRANTEE is in default, then CITY
shall in no way b,e obligated and m-hAII not -"a` to GRANTEE any sum
whatsoevr. r.
5. GrN [ P/\T_, CONT)ITTON
A) All noti r;ns or other_ communications which shall or may be
given pursuant to k- -s agreement shall be in writing and shall be
delivered by persona]. 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.
RUNNERS INTERNATIONAL, INC.
10585 S.W. 109 Court
Suite ;#207
Miami, Florida 33176
CITY OF MIAMI - 2600 South Bayshore Drive
Miami, Florida 33133
B) Titles 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 documents, the
terms in this Agreement shall rule.
6. AWARD OF AGREEMENT
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-DELEGADILITY
The obligations undertaken by GRANTEE pursuant to this
Agreement shall nor- 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.
3 84-831
8. CONSTRUCTION OF AGREEMENT
This Agreement shall be construed �Ad enforced according to
the laws of the St-1-it-.- of Florida.
9.SUCCrSS()F1S AND
This Aqr--ment 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 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) All GRANTEES receiving $25,000 or more agree to submit to
the City's Manager or his designee 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 Manager or his designee
no later than 90 days 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 GRANTEE'S activities under this
Agreement, including all other acts or ommissions to act on the
part of GRANTEE, 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,
4 84-831
attorney's fees, expenses and liabilities incurred in the defense
of any such cal.a.ims, or in the investigation thereof.
12. CO�TrTJC T OF TNTFRFST
GRANTEE i,s aax:n (f the conflict of interest laws of the
City of pli.nmi_
(P1i. ?mi, City
Code
Chapter
2, Article V ) , Dade
County, Florida.
(L? a<le County
Coact
Section
2.-11 . 1 ) and the State
of Florida, and
ag_-reen that
he/she
will.
fully comply in all
respects with the terms of said laws.
13. INDEPENDENT CONTRACTOR
GRANTEE and its employees and agents shall be deemed to be
independent contractors, and not agents or employees of 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.
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. NON-DISCRIMINATION
GRANTEE agrees that there shall be no discrimination as to
race, sex, color, creed or national origin in connection with any
operations under this Agreement.
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.
5
84-831
�DMama7, !, 91-NN- "I' - 114-15 o;
17. WAIVER
No waiver of any provision hereof ,hall be deemed to have
been made i,ni_ens such waiver by in �'r. iti_ng s graed by the City
Manager. Tbce fai,),ure of CITY to insi,st i1po...n the strict
performance of any of. '_.he provisions or. cnnditi_ons of this
Agreement shall not be construed as waiving oT. 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, sand/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.
20. BONDING AND INSURANCE
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 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.
6 84-831L
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 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. 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 in their names by their duly authorized
officers and the corporate seals to be affixed hereto, all as of
the day and year first above written.
CITY OF MIAMI, a
municipal corporation
of the State of Florida
ATTEST:
By_
-
Ralph Ongie, Howard V. Gary,
City Clerk City Manager
7 84-831-
ATTEST:
SECRETARY
RUNNERS INTERNATIONAL,
INC.
By - W-
PRESIDENT
SEAL gnaw
a
84-831
mamom
SPECIAL FUNDING REQUEST
DAT `.
_- Jon"
0r��
Name of Event, Project or Program: 1985 Orange Rowl RlMning�-,eries,
Date of Event, Project or Program: Marathon new 5 Miler 115
Orange Bowl 1OK - 2/2/85
Name of. Organization: Runners Interna JLQnal, Inc.
A
Name of Contact Person: Ram 140_nikma_0__or Jane h1i 11apaugh
Telephone: Work: j�r,__M05 (:�n Home: _(a l - 56 -Q5�, -
Mailing Address: L05 __S14 10Cniirt Suits "2O7_11imijj► 311Z6_�
Brief description of program/event (including number of people
expected to participate or attend program): ' •
Orange Bowl Marathon (26.2 Miles) begins at Haulover Beach, passes through Bal
.Wa.rbp.,p, Surf-ide- Miami Ra,,rh, Mimi Pt fnral (,1h1P-, fi_nisFhing it, Miami City Hall
(est. 3000 runners); 1st 5 Miler to begin and end at Miami City Hall (est. 1500
runners). Inv ;;t. Miami= RariP rnrr-nitnitivrnl1ngP-17nu.+h Caml:ut (P-st2nnn ri1nnP_rS)
Benefits to 'the City (quantify where possible):
1_�--Positive image of health and fitness; participants from foreign countries
and all over the U.S. will visit the city and support tourism; world•class field
of CCmpetition for all events; adds prestige and enhance_ the reputation of
Mir Cn iini*v --
Support Requested:
Cash Grant: $ 20,000
In. -Kind Services (specify type of service and $ value as
determined or estimated by the providing departnent):
(see attachment Rl)
Fee Waiver $ Amount :(Attachment nl) Facility Coconut Grove Exhibition Center
Dates) Thursday� through Saturday 1/3 - 1/5/85
Total $ requested from City: (crP Attarhm,Pnt #1) •
Has City Provided :support in previous years? Yes X No
If yes, please att::ch a letter from a certified public accountant
verifying the sufficiency of accounting systems and internal
financial controls during; fundinE period. If ycu have received
$25,000 or more, a copy of an audit: reflretint tl;e ex;-enditure of
those fund uvt aI o be provided• also, specify past City
support 4nd date(~) of event or activity.
The City has bet n supportive of the Orange ;iarathon since its inception in
1977 and provided cosh grants in 1982 and Ili— -
.. . J
9
Have you requested and/or
entities? Yen
received funds from other governmental
NO '
List all Funding Sources 'Arnouln' (Tndxante If
Applied to: recei cd, t,= 111
pendi.np:, or re,lecte_d)
Metro -Dade Council for Arts b Sciences $45,000 (pending),.
City of tli,:mi [leach (application in process)SI-S,000 ( in -kind)
Village of Bal Harbour . (ditto) S 5,000 (+ in -kind)
City of coral Gables (ditto) $ 5,000 (+ in -kind)
9
own of 5urrside do� 1ttS,UOU - t in- in )
Please indicate what, measures will be taken to insure adequate
financial, controls and accounting of' funds:
SEE ATTACHrtENT n 2
Please attach the following information relative to your
organization to this application:
1) State Charter; _
2) Tax Exempt Certification;
3). Documentation of internal financial controls and letter
from certified public accountant verifying accounting
systems and internal controls;
4) A copy of the projected line item budget. reflecting
expenditures and anticipated revenues for project%event;
and
5) If this is not a one time evert, please attach a copy of
the organization Is annual budget indicating all sources
of funding
Please describe organization's capability to accomplish
program/event: Runners International has been involved with the marathon for
seven (7) years and the 10K for four (4) years. The success of these ventures
speak for themselves as seen by the number of nartioipants, international
world -class field, international exposure and high ratings in the running
C 0--,1
I hereby certify that the inforimation provided herein is true and
accurate and that the funds provided by the City will be expended
in accordance with the ecmmit;nents approved by the City
Commission. Furthermore the City will be provided with an
aeeountinC of expenditures and receipts within thirty (70) days
after the event'S conclusion and/or receipt of funds, from the
City, whichever is applicable, along with any other documents or
data requested by the City.
[r
DR. BASIL HOM IMN
PRESIDE14T OF CORPORATIO14
RUNNERS INTERNATIONAL, INC.
Nh11E OF OF�tG:,t1IZnTI0t1
c.IGINATIriE
•CURPORA7E
54-831.
RUNNERS INTERNATIONAL, INC.
SPECIAL FUNDING REQUEST
LINE ITEM BUDGET
IN -KIND SERVICES:
Rental of Coconut Grove Exhibition Center
for 3 days and staff ................... $15,120
zoz
84-831