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HomeMy WebLinkAboutR-84-0705- J-84-606 z M-84-611 (6/14/84) 8 RESOLUTION N0. �►����� A RESOLUTION A.T&OCATI:NG All AM(DUNT NOT TO EXCEED $6200 FRO"i SPE;CTAT, PROGRAMS AND ACCOUNTS, C)t_iAT,T.TY OF E,1 FE1 FUND, TN SUPPORT OF "PUI RTO RICO DAY" , SAID AT,LOCATION BEING CONDITIONFIT) Ut?ON 31iPSTAN`i IAL COMPLIANCE IVIT11 CITY O}, MIAM11 ADMINIS- TRATIVE POLICY NO. APII-1-64, DATED JANUARY 24, 1984. WHEREAS, the City Commission by Motion No. 84-611 on June 14, 1984, expressed its intent to allocate an amount sufficient to cover the rental of the Bayfront Au<iitorium by the organizers of "Puerto Rico Day", to be held on July 21, and 22, 1984; and WHEREAS, said rent,-jl fee amounts to $1200; and WHEREAS, the City Commi.ssi.on, by tho same motion, also expressed its intent to allocate an additional $5000 as a contribution to the organizers of the event; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section I. An amount not to exceed $6200 is hereby allocated from Special Programs and Accounts, Quality of Life Fund, to "Puerto Rico Day". 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 28th day of June 1984. Maurice A. Ferre MAYOR TEST: Ralph G. Ongie, City C k PREPARED AND APPROVED BY: Robert F. Clark Deputy City AttoflleY APPROVED fi;3 TO FORIA AND CORRECTNEI S: �Gi ;iu Ildrosa CITY COMNIISSI0I14 MEETING OF JUN 28 1984 ` i AGREEMENT This Agreement entered into Ibis day of , .1-984, by and betvreen the (70:.y (if Miami, a muni_ci.pal corporation of Dade County, Floi..i_(la, herei.n<ift_er referred to as "CITY" and Alicia Baro, Chairperson of the Puerto Rico Festival Committee of the Organizacion Democrata Puertorriquena, hereinafter referred to as "GRANTEE". WITNESSETH: WHEREAS, the City Commission, by Resolution No. of allocated an amount not to exceed $6200 to Alicia Baro, Chairperson of the Puerto Rico Festival Committee of the organizacion Democrata Puertorriquena in connection with "Puerto Rico Day" to be held on July 21 and 22, 1984, in the Bayfront Auditorium, 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 Alicia Baro, Chairperson of the Puerto Rico Festival Committee of the Organizacion Democrata Puertorriquena; NOW, THEREFORE, the City Of. Miami and Alicia Baro, Chairperson of the Puerto Rico Festival Committee of the Organizacion Democrata Puertorriquena mutually agree as follows: 1. TERM E The term of this Agreement shall be from July 21, 1984 through July 22, 1984. 2. GRANTEE AGREES: A) GRANTEE shall present "Puerto Rico Day" consisting of dancing, singing, and folkloric interpretations on July 21 and 22, 1984, at the Bayfront Auditorium. • 1 B) GRANTEE shall enter into a use agreement with the City of Miami for the Bayfront Auditorium. C) GRANTEE shall comply with the covenants and requirements stipulated in said use agreement. D) GRANTEE shall pay for all other costs associated with presenting the event in the Bayfront Auditorium. 3. COMPENSATION A) CITY shall pay GRANTEE, as maximum compensation for the services outlined pursuant to Paragraph 2 hereof, $6200. B) Such grant shall be paid on the following basis: (i) The City of Miami, Department of Community Development, shall handle payment to the Bayfront Auditorium for and on behalf i of GRANTEE to cover the cost of renting said facility. (ii) $5000 shall be paid upon 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 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 G RhNITEE 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 GIUOTPEE 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 shall 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 2 84--705 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 the other pai:ty at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the clay on which personally served; or if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. ALICIA BARO - 271 NW 62 Avenue Miami, Florida 33126 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-DELEGABILITY The obligations undertaken by GRANTEE pursuant to this Agreement shall not bc: 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. 84-'7Q 5 3 8. CONSTRUCTION OF AGREEMENT This Agreement shall, be construed and enforced according to the laws of the State of Florida. 9. SUCCESSORS LAND 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 audit the records of the 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. INDEf4NI FICA`1'ION GRANTEE 5}ial.l 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 «ctivities under this Agreement, including all other acts or onimissions to act on the part of GRANTEE, including any person acting for or on his/her behalf and, from and against any orders, judgements or decrees which, may be entered and from and against all costs, attorney's fees, 4 S -7ir- expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. jt 12. CONFLICT OF INTEREST 1 t GRANTEE is aware of the conflict of interest laws of the City of i j Miami (Hi_ami. City Code Chapter. 2, 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. 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 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 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 Agree►ncnt, and all payments, advances, or other compensation paid to GRANTEE by CITY GRANTEE was in default of the provisions herein cont.ii_ned, 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. MINORI'i'Y PROCUREMENT COMPLIANCE GRANTEE ackowleges that lie/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 5 84-705 -i substantive and procedural provisions therein, including any amendments thereto. 17. WAIVFR No waiver of any provision hereof shall be deemed to have been 3 made unless such waiver- be in writing signed by t-lie City Manager. The -fai_lure 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 reli-nquishing 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. 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. 84-705 6 B) CITY funds will NOT be co -mingled with any other funds and that separate bank accounts and accounting records will be maintained. C) 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 GRI-,NTEE 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 i and the corporate seals to be affixed hereto, all as of the day and year first above written. 7 84-705. CITY OF MIAMI, a municipal corporation ATTEST: of the State. of Florida Ralph Ongie, Howard V. Gary, - City Clerk City Manager. GRANTEE: ATTEST: ALICIA BARO, CHAIRPERSON OF THE PUERTO RICO - FESTIVAL COMMITTEE OF THE - ORGANIZACION DEMOCRATA PUERTORRIQUENA - By - Alicia Baro APPROVED AS TO FORM AND CORRECTNESS: Jose Garcia -Pedrosa, _ City Attorney APPROVED AS TO INSURANCE REQUIREMENTS: Division of Risk Management 84-705 U SPECIAL FUNDING REQUEST DATE: 6- Name of Event Project or Program: Date of Event, Project or Program: ),J�j 21,22nd _ ALICTA S .. Bllf�', k-_ - Name of Organization: ODP PUERTO RTCO FE5TTVAT COMMTTT£F' Name of Contact Person: ALTCTA S. BARO Work: 661--1550 Home: 264-0212 Telephone: Mailing Address: 271 N11 64 Avenue - Miami, Florida 331.26 P.O. Box 011 231 Miami , Florida 331.01 Brief description of program/event (including number of people expected to participate or attend program): Main event on July 22nd - at Bayfront Park Auditorium - About 2500 people are expected (this is the attendance in previous years) - We are bringing in a group from Puerto Rico who will perform (dance, S iTry i r l y-; 't3� � az!vellr. Benefits to 'the City (quantify where possible): The event is open to the public free of. charce. It is the only On portunity vie have to bring to Miami groups from Puerto Ri-co that will expose the Miami citizens to the cultural and traditional aspects Of our citizens from Puerto Rico. Also a tourist attraction. Support Requested: Cash Grant: $ 5,000 In -Kind Services (specify type of service and $ value as determined or estimated by the providing department): Use of Bayfront Park Auditorium for Sunday, July 22nd. Prograln will begin at 6 PM. Rent as provided by Mrs. Bush $1.200. t I Fee Waiver $ Amount:$1200 Facility R-3vFrnn4- A:ark 21t�r7i t^rluRt : Date(s) July 22, 1984 �- Total $ Requested from City: $5000 cash + Fee Waiver of $1200 Has City Provided support in previous years? Yes x No If yes, please utt:,ch a letter froth a certifi(rd public accountant verifyini; the- suffieieney of accountin� sy'tents and internal financial controls during; fuiidilli, period, if you have received $25,000 ,c,r lr(ore, u copy o!' al, aud,t rc-flectirl" thel of those futi(J, r:,ust a] 'u l)e- pre v i ded' f,1 ",o) , }pec i fy p:l t City support Gn(l d A(, ( ) of ivi,,t ar t:ct.','lty. ;.2 k- 1983 ill ,, 2.1l' a I(t::l2t e_.\'(-itt: - of 13f ru!lt PL,1 h iVol i wtl y10 ,00c) roue ;i ' 1982 Jlily fj U Have you requested and/or entities? yes List all. Funding Sources Applied to: received funds from ether governmental NO x Amount (Indicate if received, still. pending, or rejected) Please indicate t,!hat measures will be taken to insure adequate financial contro':., and accounting of funds: Check is deposited in Merchants Bank -- Account 0123382 02 and payments are made from this account directly to the airlines, and to the hote?for room and .board. This is what the $5,000 are fc We will turn -0l- t u rtt U Tsrt, 'z"dt'lr3 t � t-y ,,—t tT=s� e- ments from the bank showing accounting of -the funds. 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; u) 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 event, please attach a copy of the organization's annual budget indicating all sources of funding Please describe organization's capability to accomplish program/event: We have been celebrating PUERTO RICO DAY since 1955. During the past several years, we have been bringing in groups from Puerto Rico through nc ns i u e o Puerto . .can Cu ure w7o coopera -e w1-TIi us by suggesting the groups we should invite that will best represent e cuiture ot= ie is .an -In vi a ions are circu a ea ana ��e��ave al- ways had an attendance of over 2,000 people, The City issues a procla- mation aS Vj_0 us - 1le Coun -y ana geI1(2rQJJy a rt j�rE'S�'.n iL'1v�: LOI11 Puerto Rico coIRes to this event. I hereby certify that the infor111,Itior7 provided hereit, is true and accurate and th;.t the fund:; provided by t11e City will be expended in accordance with the comillitments approved by the City Commission. Furtherulore, ttre City will be provided with an accounting of expenditures and receipts within thirty (30) day5 after the evcrlt'r, conclusion and/or receipt of funds from the City, whichever is applicable, along with any other documents or data requested by the City: ALICIA S . DARO CARE OF: NX PUER`I'O RICO hE STIV?�L COMMITTEE _ OF THE ORCl-,N11 `�,�CION DENIOCRUTA PUERTORRIQUENA tli xE OF 84-705 . � ALICIA S . BARO Co PUERTO RICO FESTIVAL COMMITTEE ALICIA S. BARO of the 0rq,-ini.70cj,on Democrata Puertorriquena Chairperson June 15, 1,984 TENTATIXTE BUDGET Airline tickets - 14 at $1.99 (special- price quoted at this time -- if we can get a better price we will advise) - - -----__$2786.00 Hotel and per diem - 14 at $35 each --- .---_-_ _.___ 1470.00 (Columbus Hotel) (for 3 days) Advertising, promotion, equipment, transportation 744.00 $5000 .00 If we can save in any way, we will. If we can get better price with the airline, we will ad- just accordingly. The above funding is being requested for the purpose of bringing in the group from Puerto Rico to take part in the Puerto Rico Day activity= which is annually held at Bayfront Park Auditorium and is free to the public. 84-705 R 0. Box 01 • 1231 / Miami, Florida 33101 /Telephones: 251.9402 - 661.1550 3295 West 4th Avonirn / W21puh Flnrirlo 11W) I TPInnk-- coc 70A0 I PACCFn AMn Annnmrn mrr-fn nn-. . I CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM Dena SDillman, Director DATE: June 27, 1984 r I cr. Community Development Department Carl Kern Acting Director Department of Parks and Recreation SUBJECT Puerto Rico Fest�41, i::� re Committee. REFERENCES: ENCLOSURES. Attached, per your request, is the cover memo, resolution and agree- ment for the Puerto Rico Festival Committee. Note that the original agreement and resolution have already been delivered to the Law Department. SLM/ar Enclosure DA003*4% AUM 0 9 COMMISSION ACTION TO Howard V. Gary City Manager rRoas Carl Kern Acting Director Department of Parks and Recreation CITY OF MIAM1. FLORIDA INTER -OFFICE MEMORANDUM DATE SUBJECT: June 27, 1984 F'LE Resolution allocating $6200 to Puerto Rico Day. REFERENCES. Pocket Item for the June 28, 1984 City Commission Meeting. ENCLOSURES! _ "It is recommended that $6200 be allocated to "Puerto Rico Day" from Special Programs and Ac- counts Quality of Life Fund, formalizing Motion No. 84-611 of June 14, 1984, per the atta- ched resolution." On June 14, 1984, the City Commission passed Motion No. 84-611 ex- pressing their intent to allocate an amount sufficient to pay the rental fee for the use of: Dayfront Auditorium by the organizers of "Puerto Rico Day," to be held July 21 and 22, 1984. An additional $5000 was also allocated by the same motion as a contribution to the organizers of the event. The rental fee for the auditorium will amount to $1200, bringing the total allocation to $6200. Monies for this grant are available from the Special Programs and Accounts Quality of Life Fund. SLM/ar Enclosure cc. Law Department 84-705. CITY OF MIAMI. FLORIDA INTER -OFFICE RRFMOPAND M To. Walter Pierce DATE- June 27, 1984 FILE: Assistant City Manager SUBJECT: Puerto Rico Testi.val Committee/ Special Flintli_ng Request /r' FROM, Dena Spillman REFERENCES r1 " Director JI�T,e Iti, l _ II C�m,ni scion Department of CommunityDevelopment Meeti llq/pool;et Ttem Attached is legislation submitted by the Department of I'ax-kS & Recreation in connection with the funding request, from t1le Puerto Rico 1'cst.i_va1_ Committee, the ai_tached legislation formalizes Motion 34-611 pa:=sed by the City Cojiimi; si_on on June 1-4, 1984, ex pressing their intent to allocate an amount not to exceed ,;5, 000 iglus the rental free for the use of the IIayfront Park audi -ori_um in support of the"Puerto Rico Day" Festival to be held on July 21-22, 1984. The grantee has requested that this item be considered as a pocket item at the June 28, 1984 meeting, since they will need the money for the event to be held on July 21-22, 1984. DS j me 84-'705. T 01 in.. COMMISSION ACTION CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM To: Howard V . Gary DATE: June 27, 1984 FILE: C1.ty Manager SUBJECT: Resolution allocating $6200 to Pu. -rtrn Rico nay. FROM: Carl Kern REFERENCES: POc�}c(- t- �1-F'iTl for the June 28, Acting Director 1984 City Co,.imi ssi_on Meeting. Department of Parks ENCLOSURES: and Recreation "It is recommended that $6200 be allocated to "Puerto Rico Day" from Special Programs and Ac- counts Quality of Life fund, formalizing Motion No. 84-611 of June 14, 1984, per the atta- ched resoluti.on." On June 14, 1984, the City Commission passed Motion No. 84-611 ex- pressing their intent to allocate an amount sufficient to pay the rental fee for the use of Bayf_ront Auditorium by the organizers of "Puerto Rico Day," to be held July 21 and 22, 1984. An additional $5000 was also allocated by the same motion as a contribution to the organizers of the event. The rental fee for the auditorium will amount to $1200, bringing the total allocation to $6200. Monies for this grant are available from the Special Programs and Accounts Quality of Life Fund. SLM/ar Enclosure cc. Law Department 84-'705. as1„ �..uatu.