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HomeMy WebLinkAboutR-84-06341 6 . Y RESOLUTION NO. A RESOLUTION ALLOCATING A SUM NOT TO EXCEED $59200 FROM SPECIAL PROGRAMS AND ACCOUNTSi QUALITY OF LIFE FUND, IN SUPPORT OF THE 1984 HOLIDAY FESTIVAL, TO y BE HELD DECEMEBER 1 AND 20 1984 IN BAYFRONT PARK, AUDITORIUM, WITH PROCEEDS GOING TO THE UNIVERSITY OF MIAMI SCHOOL OF MEDICINE; SAID ALLOCATION BEING CONDITIONED UPON SUBSTANTIAL COMPLIANCE WITH CITY OF MIAMI ADMINISTRATIVE POLICY NO. APM-1-849 DATED JANUARY 249 1964. WHEREAS, the Women's Cancer Association of the University of Miami has requested financial assistance in support of its 1984 Holiday Festival; and WHEREAS, this Association has successfully conducted such activities over the past 17 years in an effort to raise funds for the University of Miami School of Medicine; and WHEREAS, the City's assistance will be used to pay for the rental charges for Bayfront Park Auditorium on December 1 and 2, 1984; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. An amount not to exceed $5,200 is hereby allocated from Special Programs and Accounts, Quality of Life Fund, in support of the Holiday Festival to be held in Bayfront Park Auditorium on December 1 and 2, 1984, with ` proceeds going to the University of Miami School of Medicine. 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 14th day of June , 1984. v CITY COMMISSION MEETHIC OF J U N 14 1984 REMARKS: Nu. i � � a _rr o, 4`#r ,:;` gn -A l �r A u6A kNoum - ' j h� 41Ly rma"QLIJa.. qufutcTs May 15, 1984 �u<< Women's Cancer Association "I'� June 14, Carl Kern REFERENCES.- Meeting FROM: Acting Director Department of Parks ENCLosuREs= ..J. 4 AM ULM rW%. 1984 City Commission "It is recommended that a sum not to exceed $5,200 be allocated to the Women's Cancer Association of the University of Miami from Special Programs and Accounts, Quality of Life Fund, in connection with the City's sponsorship of the 1984 Holiday Festival to be held December 1 and 2, 1984, at the Bayfront Auditorium, said allocation being conditioned upon compliance witho. City of Miami Administrative perlthe attached dated January resolution." The women's Cancer Association of the University of Miami has reques- ted financial assistance in support of the 1984 Holiday Festival to be held December 1 and 2, 1984, at the Bayfront Auditorium - This association has einfanleffortutoeraisehfundsvforeover the the Univer- sity seventeen (17) years of Miami's School of Medicine. The City's assistance will be used to pay for the rertattachedepro�r Bayfront Auditorium on agDeementr 1 and 2, 1984, as p posed resolution AHL/mg Encl. 84~'634- . Y ��2 � 1 •'�• 9+^i atY �t ` € .� y, :s. .: \4� ��Yi'd�4�-"�Y^" rf'+ T .. q n `j�.k h r r g� A2}'i F t �` $ day 4 nt ontar6d into thi $i oorrp ration 15 end betwOft t$e pity of Mia�ai, �► in►c�t►iCip 1$4 y "' pride, hereinafter referred td ag Mia, r�ii of trade County# F1 of the University of Women's Cancer Association and the hereinafter referred to as "GRPITEE" WI� S Cancer Association of the University of WHEREAS, Women s Can the Bayfront s requested a waiver of the rental fee or % Miami, has for a Holiday Festival in and 2, 1984, Auditorium on December 1 of Miami's School of an effort to raise funds for the University of Medicine; and the City C°mmission, by Resolution No. WHEREAS to exceed 1984, allocated an amount not t counts, Quality of Life Fund, $5,200 from Special programs and Acof Miami, ,s Cancer Association of the University to the Women the Bayfront Auditorium for the representing the rental fee of and 2, 1984; Festival on December 1 i and the Women Cancer Holiday of Miami NOW, THEREFORE' the City agree as Association of the UniversitY of Miami do mutually follows: 1. TERM the City ent shall take effect upon execution by Agree This December 1 and 2, 1984, for cover the period D ra Manager and shall stipulated in Paragraph 2 P ur g the Services stip the pose of providin P of this Agreement 2. GRANTEE AGREES Festival consisting of a) GRANTEE shall present a Holiday of Christmas ent and display booths, ethnic foods, entertainm Auditorium- ember at the Bayfront A and 2, the City of trees on December 1 a use agreement with GRANTEE shall enter into b) Miami for the Bayfront Auditorium. requirements c) GRANTEE shall comply With the covenants and stipulated in said use agreement. 1 �ix`•�-x4rr� r _ ,� .r�� f 'Lxs r if+._ 5�rr'nu a - �x s =`f 611a1 pays.► all other `+�i�tsstat�:tt , e ► the ayjrdht Auditorium• Otteent jig t' Shy of Miami i $) lag shall provide a statement to the City t . 'ent of �ot��nity ���elopraent, of gevet�Ves and e�pet�di:tttre Departtn related to said event within 30 days after the Cotn�lletion -of the event. f) GRANTEE shall provide a certified statement to the Department of Community Development within 30 days after the e amount donated to the completion of the event stipulating th s University of -Miami's School of Medicine. 3. COMPENSATION a) CITY shall, as compensation for the services outlined pursuant to Paragraph 2 hereof, allocate the amount of $5,200I b) The City of Miami, Department of Community Development, shall hAndle payment to the Bayfront Auditorium, for and on behalf of the GRANTEE to cover the cost of renting the said facility- Such payment shall be made in accordance with the owed line item budget attached and incorporated as a part of appr , this Agreement. d) GRANTEE and CITY hereby agree that the maximum amount payable under this contract shall not exceed $5,200• am P 4. TERMINATION OF CONTRACT CITY retains the right to terminate this Agreement at om letion of the services without penalty any time prior to the cP 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 ss of the total sum provided by this GRANTEE an amount in exce 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, of pursuant to the terms of Paragraph 15 or any other provisions 2 84--634. VWR t x . . � �`k{{,r A` . . . . . . . . iJ s�, obligated mid this then �itthall in nb way t:A rai�t� h ►il ..c�0.. Y t .c��t�_ any, sdtn hatsoevar. F. s 5 'UL conITION which shad or .may $) All notices or other ,. iven pursuant to this Agreement shall be in writing and shall b8 g delivered by persona service, or by registered mail or by telegraph addressed to the other party at the address indicated } s the same may be changed from time to time. Such herein dr a . =11 notice shall be deemed given on the day on which personally I -� after being posted or the serveds or if.by mail, on the fifth day date of actual receipt, whichever is earlier. i WOMEN'S CANCER ASSOCIATION OF THE UNIVERSITY OF MIAlMI 300 Alfonso Avenue Coral Gables, Florida 33146 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 - the Agreement and any terms or conditions contained in documents , terms in this Agreement shall rule. 6. AWARD OF AGREEMENT they have not employed or retained GRANTEE warrants that any person employed by CITY to solicit or secure this A reement and that they have not offered to pay, paid, or agreed 9 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 making this Agreement. GRANTEE is aware of the conflict of interest laws of the Dade City of Miami (Miami City Code Chapter 2, Article V), the County, Florida (Dade County Code, Section 2-11.1) and Florida Statutes, and agrees that they will fully comply in all respects with the terms of said laws- 3 84-631. W 1.. Xt k 3s ` ifi er to d and agreed that thpi g�,t ins rindertaiteft by `CG1�A� jt t putsu&ht ee this `,reenenth$11 nit he cei+cted. cith� person b firm rinless CITY shah first �cient to any _ in writing to the performance a of such services or any part another person or firm. thereof by — $. CONSTRUCTION OF AGREEMENT r parties hereto agree that this Agreement shall be - The p fi construed and enforced according to the laws, statutes and ease y. laws of the State of Florida. 9.SUCCESSORS AND ASSIGNS upon the parties herein, This Agreement shall be binding — 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 i - establishes that GRANTEE'S internal controls are adequate to safeguard their assets and property record funds. CITY will not release any funds to GRANTEE prior to the receipt of this letter. ight to audit the records of b) CITY reserves the r 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 ified ublic accountant, which must include the expression of cert P _ 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. f k 't 4 y��� tag y se3y�Y u i .+` �` s k gr "7x+'�. ti� ;�' r M ,,„ y a Yc'' -�� � � cad G�>> •, a.ti S?- r'�" ��rr .. O r sgld hall indemnify a save CITY harmless and al&inst any and auclaimsliabilities, 1t5i�i. andsbse d r -1 wise out of GRANTEE S activities under . action, Which may = Agreement, including all other acts or ommissions to act do - this A9r any person part art of GRANTEE or any of them, including - nd, from and against any acting fur or on his or their behalf, a - 'judgments or dectees which may be entered, and from an orders,expenses and against any and all costs, attorneys fees, liabiliti es ense of any such incurred in the def claims, or in the investigation thereof. 12. CONFLICT OF INTEREST n under its employ who GRANTEE covenants that no perso presently exercizes any functions or responsibilities in conn ection with this Agreement has any personal financial { this Agreement. GRANTEE I interests, direct or indirect, in no � in the performance of this Agreement, further covenants that, to ed. Any person having such conflicting interest shall be emp Y r P employees must such interests on the part of GRANTEE or its emp Y CITY. GRANTEE, in the be disclosed in writing to ect to the more reement, shall be subj performance of this A9 conflict of interest restrictive law and/or guidelines regarding promulgated by federal, state or local government. 13. INDEPENDENT CONTRACTOR I and agents shall be deemed to i GRANTEE and its employeesemp toY ee of I � be an independent contractor, and not anagentor CITY and shall nITY. or any efits under the Civil ot attain ` any rights or �I C rights generally Service or Pension Ordinance of C � further he/she afforded classified or unclassified employees;ensation emed entitled to Florida Wor shall not be deker's Comp benefits as an employee of CITY. 14. DEFAULT PROVISIONS with each and a) In the event GRANTEE fails to complywith shall be reement, ' every term and condition of this Ag reement to j a all funds advanced under this A9 required to reP Y 5 84 i tS�`fF a t yz Krrt ,1t�. - -— 'w',VTa t - r` 4 dt .y - - nil: apply for s�diti eiiiie t9 o .. _- fy 'and r f1�t1d� • ,�. Ira tit v� lnG+9 i and �y) in the event of default, CITY t►aY terminate this Agreement, and said AS r60-went shall be null end void o f further force and effect. 15. NO N.DISCRIMINATION _ be no discrimination as GRANTEE agrees that there shall with i sex, color, creed or national origin in connection to race, _! any operations under this Agreement. 16. WAIVER l No waiver of any provision hereof shall be deemed to have signed by the City been made unless such waiver be in writ ng failure of CITY to insist upon the strict Manager The _ t rovisions or conditions of this performance of any of the p aiving Agreement shall not be construed as w or relinquishing in the future any such covenants or conditions but the same shall n full force and effect, continue and remai 17• CONTINGENCY CLAUSE on the Funding for this Agreement is contingent up availability of funds and continued authorization for program s and is subject to amendment or termination due to lack activitie and/or change in of funds or authorization, reduction of funds, regulations. STATE AND LOCAL LAWS 18. COMPLIANCE WITH FEDERAL, 1 with all applicable laws, Both parties shal_i comp y governments. ordinances and codes of Federal, State and Localov of the Specifically, GRANTEE agrees to comply with Title e Civil Rights Act of Civil Rights Act of 1964; Title VIII of th Section 3 0 1968; Executive Order 11063; Executive Order 11264 amended. the Housing and Urban Development Act of 1968; as 19. BONDING AND INSURANCE Agreement, GRANTEE shall a) During the term of this maintain bonding and insurance coverages in the amounts as determined by the Risk Management Division of CITY- Whenever a licable, CITY shall be named as an additional insured. PP 6 AA U —_ — . ,. :- . "a'i 4 t4s�, .: ,' r. r• � it ��" "�' 1 S'��kY.F.'�fi � `� �i h Y� L��`.F . �t r - uYgT3{f Y 3 M e l 5� i t. 1 fiy Y• surande 'end Nw E AbAll furnish b) dROT ce tifi ates as required � to CITY Prior to cora�aencing any bonding, etivities under this Agreement. y 20• ASSURANCES AND CEETIFICA'fI0N5 ..TEE assures and certifies that: GRAN x enditures of funds will be made in accordance with a) All e p { (both of which are attached _i the proposal and line item budget Commission. as approved by the City hereto as Exhibits 1 and 2) with any other funds b) CITY funds will NOT be co -mingled w •�' bank accounts and accounting records will be and that separate 1 ; ! maintained. c) The expenditures of CITY funds will be properly ' ill be maintained. documented and such documentation w d) periodic progressCITY will reports as requested by be provided. CITY funds e) GRANTEE will be personally liable for an roved by expended that were not consistent with the program approved i Commission or any funds expended not in accordance with the City a competent auditing i proper accounting standards as determined by authority. political f) No activity under this Agreement shall involve p activities. GRANTEE possesses legal authority to enter into this 9) • a resolution, motion, or similar action has been duly Agreement, governing adopted or passed as an official act of GRANTEE'S body, authorizing the execution of this Agreement including all d assurances contained herein, and directing and understandings an representative authorizing the Person identified as the official of GRANTEE to act in connection with GRANTEE and to provide such additional information as may be required. 21. AMENDMENTS CITY may, at its discretion, amend this Agreement to conform with changes in applicable City, County, State and Federal Laws directives, guidelines and objectives. No 7 S4"'64, shall be bi�d#.a� dt'1 si�h�r ff r 3 $ 11 9{ 1 tft8 to this plg�'eeitleRtlt signed by parti,�s Such asrer►dtnena utti+�sa in►ritin�r any .both incorporated as a part of this Agreement upon revieatr shall be approval and execution by the parties hereto WHEREOF$ the parties hereto have caused this IN WITNESS by their duly authorised A reement to be executed in g their names j ` the corporate seals to be affixed hereto, all as of officers and the day'and year first above written. CITY OF MIAMI, a municipal corporation of the State of Florida ATTEST: V 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 S By Howard V. Gary, City Manager GRANTEE: By PRESIDENT SEAL 84-631 . a ra� • V rl�•r�iuWyYi .i� Name of Event, Project or Program: arl i Any pp_qjyA1 .�:..�r .r... Date of Event, Project or Program: Dec. 1st and 2nd, 1914 Name of Organization: y.emnnls CancerAssociation of the University t � Miami` Oyu Name of Contact Person: M,.n_ Fred Ravlin Telephone: Work: Hcme: 661-5138 Mailing Address: 1300 Alfonso Avenue Coral. Gables, FL 33146 Brief description of. program/event (including number of people expected to participate or attend program): Booths selling Holiday Rifts and ethnic foods, entertainment, And display of Christmas trees. Approximately 6,000 people expected to participate and attend. Benefits to•the City (quantify where possible): Toijrist attraction: bringing local people downtowns makes money for University of Miami School of Medicine (no monies raised by Woman's Cancer Association goes outside Dade County). Support Requested: Cash Grant: $ In -Kind Services (specify type of service and value• as determined or estimated by the.providing department): Fee Waiver $ Amount: rental chrxe.Facility Bayfront Auditorium Date(s) Dec. 1st and 2nd, 1984 Total $ Requested from City: kzQ 00 Has City Provided support in previous years? Yes No 3 If yes, please attach a letter from a certified public accountant verifying the sufficiency of accounting systems and internal financial controls during funding period. If you have received $25,000 or more, a copy of an audit reflecting the expenditure of those funds must also be provided. Also, specify past City support and dates) of event or activity. i V4-634. . i8a.k_*�' a S h1� Is govefftflerit�i weceiVed funds trcla other • Have you Na Y �e,qu�ested and/Or - entities'? YesO Amount (Indicate if 1 Funding sources 4.411 Lislied to: redeived, s App ted) pending, dr rejed f Please indicate what measures will be taken to insure adequate financial controls and accounting of funds: Each chapter reports daily to the Woman's Cancer Association treasurer the amount of their income. information relative to your Please attach the following organization to this application: 1) State Charter; 2) Tax Exempt Certification; 3) Documentation certified ifiedof interublicnaaccountant financial controls and letter verifying accounting from certify P systems and internal controls; et reftectin 4) A copy of the antii anticipated revenues fo ne item r-.project/event; expenditures and and lease attach a copy of 5) If this is not a one time event, p the °rdinization annual et all sources of funding Please describe organization's capability to accomplish program/event: We have been successful in this type of project for the past 17 years._ ein is true and I hereby certify that the information provided hewill be expended accurate and that the funds provided by the Coved by the City in accordance with the commitments approved with an Commission. Furthermore, the City will be p accounting of expenditures and receipts within thirty (30)frodays lusion the after the event's con licable City, whichever is applicable, receipt with any other documents or data requested by the City: 0 IV ?R D NT � CORPORAT ON C � ce rz R Sso AiwU d� , . �IVOm�IV 5 N c�►� �. N t9E OF OMNIZA,iCN Budget Rental of Bayfront Auditorium on December 1 and 2, 1984......... 0..$5,�.00 Total grant requested..