HomeMy WebLinkAboutR-84-0517J-84-288
4/24/84
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RESOLUTION NO. 84-517
A RESOLUTION Al-LOCATTNG AN AMOUNT NOT TO
EXCEED $ 4 5 FROM 5 PFCIAI_ PROGRAMS AND
ACCOUNT;, QIIAI_IIY OF 1._1F1- FIIND, TO THE
DESERT OF
FLORIDA KAZA TFIiPLF TO COVER
THE COST
OF [VENT TNSURANCF_; FURTHER
ALLnCAT ING
A 511Il NOT 10 FXCI-EO $7, 493.70
AS F0LLOtqS:
$141993.70 F11,01`1 THE OPERATING
BUDGETS OF
TIFF POL IC - AND fi2, 500 FROM THE
SOLID W A 5 1
DFPARIIIFN15 FOR IN -KIND
SERVICE') IN
CONNECTION W! III THE F I.RST
ANNUAL R L A C
K, SHRINFRS (;ALA DAY PARADE TO
BE HELD MAY
20, 19134; FURTHER AUTHORIZING
THE CITY MANAGER
TO t-Xl-CUTF AN AGRI-EMENT,
SUBJECT TO
1111- CIIY AITO(?NEY'S APPROVAL
AS TO FORH
AND CORRECTNFSS, III III SAID
TEMPLE F OR
111)1_1)ING 5A11) PARA1) SAID
ALLOCATION
R F I N G CON1)1 T 1(1N1-0 UPON
SUBSTANTIAL_
COHP1_IANCL I'lI I 1:I1Y 111 MIAMI
ADMINISTRAT
T V I P(II IC)' NU. API,1-1-R111 DATED
JANUARY 24,
1 `?t14 ; fUIz i IF12 AIII HOP I ZING
CLOSING CI
i i I A I N I I ; I FTS 10 VI HTCOLAR
TRAFFIC 0N''
ill%;I P,yIf I)UI;I`yG 51)1-CIFIC
HOURS AN 1) 1-"1
All l I 'Ili] I0G l P1 P1 ",I RI AN MAL L,
SAID S I I i I l
I FIH"IJ'�1i ';I1R.l1-CI IU ISSUANCE
OF 11E11%1.11 1'")
1)11 Ill_ PHI_ I C-F ULPAf; I MENT AND
THE I IRC,
RFSCUE ANI) IN5111-CIION SERVICES
DEPARTMENT.
WHEREAS, the Desert of Florida Kaza Temple will
inaugurate the First Annual Black Shriners Gala Day Parade
here in Miami enhancing the quality of life of this
community; and
WHEREAS, the Desert of Florida Kaza Temple has requested
a total of $7,538.70 in in -kind services and insurance in
connection with the parade; and
WHEREAS, the Desert of Florida Kaza Temple has requested
the closure of certain streets in connection with the parade;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. An amount not to exceed $45 is hereby
allocated from Special Programs and Accounts, Quality of Life
Fund, to the Desert of Florida Kaza Temple to cover the cost
of event insurance for the First Annual Black Shriners Gala
Day Parade.
Section 2. An amount not to exceed $7,493.70 is hereby
allocated as follows: $4,993.70 from the operating budgets
of the Police and $2,500 from Solid Waste Departments in
connect, ion with said event.
Section 3. The City Manager is hereby authorized to
execute an agreement, stih,ject to the City Attorney's approval
as to form and correctness, with the Desert of Florida Kaza
Temple in connection with said parade.
Section 4. The herein allocation is conditioned upon
substantial compliance with City of Miami Administrative
Policy No. APM-1--84, dated January 24, 1984.
Section 5. In order to effectuate safe passage and
establish a temporary pedestrian mall, during the First
Annual Black Shr.iners Gala Day Parade, the following streets
are hereby closed to through vehicular traffic on Saturday,
May 26, 1984, during the hours from 9:00 A.M. to 2:30 P.M.:
(a) NW 7 Avenue between NVil 50 and NVI' 71 Streets;
( b ) NW 71 Street. hetween NW 7 and NVl 8 Avenues;
such closing of streets being subject to the issuance of
permits by the Police Department and the Fire, Rescue and
Inspection Services Department. Said permit from the Police
Department is to be issued only upon the full approval of the
Police Chief after giving all due consideration to the safety
and traffic needs of residents, businesses and religious
institutions in the area for entering and crossing through
said arterials and upon the favorable exercise of the City
Manager's judgment predicated upon all factors set forth
herein.
PASSED AND ADOPTED this loth day of �Iay , 1984.
ATTEST:
A ,
Maurice A. Ferre
-2-
84-517
PREPARED AND APPROVED BY:
APPROVED AS To f ORI1 AND CnRprCTNESS:
5 GA C A- F SA, L A
-3- 84-51 i
COMMISSION ACTION
TO: Howard V. Gary
City Manager
CITY OF MIAM1. FLORMA
INTER -OFFICE MEMORANDUM
DATE: April 20, 1984 FILE:
SUBJECT: Desert of Florida Kaza
Temple Gala Day Parade
FROM: Carl Kern REFERENCES:
Acting Director
Department of Parks ENCLOSURES:
and Recreation
"It is recommended than an amount not to
exceed $7,538.70 be allocated to cover
the costs of insurance and in -kind serv-
ices in connection with the Desert of
Florida l:aza Temple Gala Day Parade,
and that ccr.tai_n streets be closed to
accomodate the parz,(Ie, por the attached
resolution. "
The Desert of Flo. id� 'P()t'i)' c i iminc the First Annual Black
Shriners Gala I:)z:_}� ,7, c t i�(111I a iii !,3,ami. Approximately
2000 people arc- e,'pcct<�<� tc> «t t.r�nci ti�,:i <:�vt�-��t:. ��,hich will travel along
i
NW 7 Avenue
The organizi. ,ti.on hiss 1 c_cna ;'tc ci i.r��)<irld rr rvice. -., for Police, Sanita-
tion and event i.n:-urancc. These, cost.f� amount to a total. of
$7,538.70 and allocation:-, are recommended as follows:
Police Department: Operating Budget - $4,993.70
Solid Waste Department: Operating Budget - 2,500.00
Insurance: Special Programs and Accounts - 45.00
Quality of Life Fund
The Kaza Temple has also requested that NW 7 Avenue between 50 and 71
Streets and NW 71 Street between 7 and 8 Avenues be closed for the
parade.
The Department of Parks and Recreation recommends approval of these
requests as this event will provide a unique opportunity for the com-
munity to see the Black Shriners in full regalia.
9"/ar
84-517
AGREEMENT
This agreement entered into this day of ,
1984, by and between the City of 1111ami, a municipal corporation
of Dade County, Florida, hereinafter referred to as "CITY"
and the Desert of Florida Kaza Temple, hereinafter referred
to as "GRANTEE".
WITNESSETH•
WHEREAS, the Desert of Florida Kaza Temple has requested in -
kind services for police, sanitation and event insurance for
the first annual Black Shriners' Gala Day Parade on May 26,
1984.
WHEREAS, the City Commission, by Resolution No. of
, 1984, allocated an amount not to exceed $45.00
from Special Programs and Accounts, Quality of Life Fund to the
Desert of Florida Kaza Temple r-epresent!.r) the co:>t of event
insurance and $ 4,993.70 from t.he. Oper�,tline, Buds et of the Police
Department and $(2,500 frown the Operrat.i.ne, Budget of the Sanitation
Department representing the coat of in -kind services in
connection with the Gala Day Parade to be held on May 26, 1984.
NOW, THEREFORE, the City of Miami and the Desert of Florida
Kaza Temple, do mutually agree as follows:
1. TERM
This Agreement shall take effect upon execution by the City
Manager and shall cover the period May 26, 1984, for the purpose
of providing the services stipulated in Paragraph 2 of this
Agreement, through May 26, 1984.
2. GRANTEE AGREES
a) The GRANTEE shall stage a parade along N.W. 7 Avenue
between N.G. 50 street and N.W. 71 Street on May 26, 1984.
b) The GRA14TEE shall obtain all the necessary permits as
prescribed by City code for parades.
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84-°°51'7
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c) The GRANTEE shall pay for all other costs associated with
staging the parade.
d) The GRANTER provide a statement to the City of
Miami, Depart:.ment, nf Community Development, of revenues and
expenditure P-eA.atcd to ..eai.d event within 30 days after the
completion of thn ^vent:.
3. COMPENSATION
a) The CITY shall, as compensation for the services outlined
pursuant to Paragraph 2 hereof, allocate the amount of $7,538.70
with funds to proceed from the following sources:
1. $45 from Special Programs and Accounts, Quality of Life
Funds.
2. $4,993.70 from the Police Department Operating Budget.
3• $2,500 from the Department of Solid Waste Operating
Budget.
b) Such payment shall be made in accordance with the
approved line item budget attached and incorporated as a part of
this Agreement,
c) The GRANTFEI and the CITY hereby agree that the maximum
amount payable under this contract shall not exceed $7,538.70.
4. TERMINATTON OF C014TRACT
The CITY retains the right to terminate this Agreement at
any time prior, to the completion of the services without penalty
to the CITY. In that event, notice of termination of this
Agreement shall be in writing to the 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 the CITY pay
the GRANTEE an amount in excess of the total sum provided by this
Agreement.
It is hereby understood by and between the CITY and the
GRANTEE that any payments made in accordance with this Section to
the GRANTEE shall be made only if said GRANTEE is not in default,
pursuant to the terms of Paragraph 15 or any other provisions of
this Agreement, then the CITY shall in no way be obligated and
shall not pay to the GRANTEE any sum whatsoever.
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84-51'r
5. GENERAL CONDITION
a) All notices or ether r_ommr.anieations which shall. or may be
given pursuant to this l�grePm.ent. st�al.l. be in writing and shall. be
delivered by perr�onal. servicn, or by regi.;tered mai_1. or by
telegraph addressed to the other party at the addrr3.7, indicated
herein or as the Name may be ehanged from ti.mc 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.
DESERT OF FLORIDA KAZA TEMPLE
950 N.W. 109 Street
Miami, Florida 33168
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 beti,,een the terms of this
Agreement and any tormE or conditions contained in documents, the
terms in this Agreement shall rule.
6. AWARD OF AGREEME14T
The GRANTEE warrants that they have not employed or retained
any person employed by the CITY to solicit or secure this
Agreement and that they have not offered to pay, paid, or agreed
to pay any person employed by the CITY any fee, commission,
percentage brokerage fee, or gifts of any kind contingent upon
or resulting from the award of making this Agreement.
The GRANTEE is aware of the conflict of interest laws of the
City of Miami (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
respects with the terms of said laws.
7. NON-DELEGABILITY
It is understood and agreed 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
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84-51'7
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in writing to the performance of such services or any part
thereof by another person or firm.
8. CONSTRU TTOM OF AGRFEMENT
The part,ins h-ret.o agree that: this Agreement shall be
construed and enforc:pd according to the laws, statutes and case
laws of the sate of Florida.
9. SUCCESSORS AND ASSIGNS
This Agreement shall. be Minding upon the parties herein,
their heirs, executors, legal representatives, successors, and
assigns.
10. AUDIT RIGHTS
a) The 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.
more.
b) The CITY will audit all GRANTEES receiving $15,000 or
c) 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. INDEMNIFICATIO14
The GRANTEE shall indemnify and save the CITY harmless from
and against any and all claims, liabilities, losses, and cause of
action, which may arise out of the GRANTEE'S activities under
this Agreement, including all other acts or ommissions to act on
the part of the 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 any and all costs, attorney's fees, expenses and
liabilities incurred in the defense of any such claims, or in the
investigation thereof.
84--517
4
12. CONFLICT OF INTEREST
The GRANTEE covenants that no person under its employ who
_ presently er,erci_7.e.s any flrncti.ons or responsibilities in
connection with this Agreement has any personal. financial
interests., d_i.rect or indirect, in this Agreement. The GRANTEE
further covenants that, in the performance of this Agreement, no
person having .such conflicting interest shall be employed. Any
such interests on the part of the GRANTEE or its employees must
be disclosed in writing to the CITY. The GRANTEE, in the
performance of this Agreement, shall be subject to the more
restrictive law and/or guidelines regarding conflict of interest
promulgated by federal, state or local government.
13. INDEPENDENT CONTRACTOR
The GRANTEE and its employees and agents shall be deemed to
be an independent contractor, and not an agent or employee of the
CITY and -hall not attain any rights or benefits under the Civil
Service or Pension Ordinance 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 the CITY.
14. DEFAULT PROVISIONS
a) In the event the GRANTEE fails to comply with each and
every term and condition of this Agreement, the GRANTEE shall be
required to repay all funds advanced under this Agreement to the
CITY and the GRANTEE may not be eligible to apply for additional
grant funds.
b) In the event of default, the CITY may cancel and
terminate this Agreement, and said Agreement shall be null and
void of further force and effect.
15. NON -DISCRIMINATION
The 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.
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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 the CITY to insist upon the st:riot
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 full force and effect.
17. CONTINGENCY CLAUSE
Funding for this Agreement is oontingent 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.
18. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
Both parties shall comply r;,i th all appli.cablc laws,
Ordinances and codes of Fedcrz7,1 , .St nt o �_nd Local. governments.
Specifically, the GhANTEE to cc?mp1.y l�, t.ir Title VI of the
Civil Act of 1 c)61d; Title Vi l l of' the Civil Ri f;ht,s Act of
1968; Executive Order 1106 ; E,:ccuti.ve Order 112611; Section 3 of
the Housing and Urban Development Act of 1968; as amended.
19. BONDING AND I14SURANCE
a) During the term of this Agreement, the GRANTEE shall
maintain bonding and insurance coverages in the amounts as
determined by the Risk Management Division of the CITY. Whenever
applicable, the CITY shall be named as an additional insured.
b) The GRANTEE shall furnish certificates of insurance and
bonding, as required, to the CITY prior to commencing any
activities under this Agreement.
20. ASSURANCES AIJD CERTIFICATIONS
The 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.
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b) CITY funds will NOT be co -mingled with any other funds
and that separate Y)Pnk accounts and accounting records will be
maintained .
c) The cypendi.tures of CITE' funds will. be properly
documented and .st_ach documentation 1,1111 be maintained.
d) Periodic progress report., as requested by the CITY will
be provided.
e) The 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) The 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 the 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 the GRANTEE to act in connection with the GRANTEE and to
provide such additional information as may be required.
21. AMENDMENTS
The 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
amendments to this Agreement shall be binding on either party
unless in writing and signed by both parties. Such amendments
Shall be incorporated as a part of this Agreement upon review,
approval and execution by the parties hereto.
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IN WITNESS '.1NERE01-, the parties hereto have caused this
Agreement. to ho 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
GRANTEE:
ATTEST: DESERT OF FLORIDA
KAZA TEMPLE
SECRETARY By PRESIDENT
APPROVED AS TO FORM AND CORRECTNESS:
SEAL
Jose Garcia -Pedrosa,
City Attorney
APPROVED AS TO INSURANCE REQUIREMENTS:
Division of Risk Management
�r
Cr ATTACHMENT 1
SPECIAL FUNDING REQUEST
DATE: March 16, 1984
"C,ALA DAY"
Name of Event, Project or Program: STP�' PARADE
Date of Event, Project or Program: May 26, 1984
Name of Organization: DESERT OF FLORIDA KAZA =L.E (Host)
Name of Contact Person: Albert Curtis
Telephone: Work: 688-9525 Home: 756-1502
Mailing Address: 950 N. W. 109th Street
rliami, Florida 33168
Brief description of program/event (including number of people
expected to participate or attend program):
_Street Parade 200 people plus 4 Bands 2,000 ex ected to attend
Benefits to 'the Ci:y (quantify where possible):
The crgani.zation's membcss=and families from state of Florida are awning
to Miami to attend this event. National. Organization will be considering holding
their grade in Miami.
.
Support Requested:
Cash Grant: $ N/,a
In -Kind Services (specify type of service and $ value as
determined or estimated by the providing department):
Police protection barricades
Sanitation
Insurance
Fee '.Waiver $ Amount: Facility
Date(s)
Total $ Requested from City:
Has City Provided support in previous years? Yes No X
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 lucre, a copy of an audit reflecting the expenditure of
those funds must also be provided. Also, specify past City
support and date(s) of event or activity.
`« N A S4-131 i
Have you requested and/or received funds from other governmental
entities? Te S no 'X
List all Funding Sources
Applied to:
Amount (Indicate if
received, Still,
pending„ or rejected)
Please indicate what measures will be taken to insure adequate
financial controls and accounting of funds:'1/1'
Please attach the falloc-rice infcrmati.on relative to your
organization to thi.'s ar' plicution:
1) Stotc C'11,3r't.cr; W rat-tt chc-i.) �� ' / _
2) Tax F):c Cat, C.c,i•; -f is t;r.
; oii; -- �-"-}--c <-r,L J to
3) Doc uur(,,nt,-Ot,ion cif' financial controls and letter
frcnr ocFrtif'i cd 1>u1)) i.c, c0untant verifying accounting
systcmr'% ;,:id i.nt:c1 u"A
4) A copy cif the prc:�jc:ct.c:d 1.i.nc item b u
d o t; reflecting
expenditurce�; (r,d anticipated revenues for pro ject4event;
and
5) If this is not a one time event, plewse attsch a copy of
the organization's annual budget indicating all sources
of funding
Please describe organization's capability to accomplish
program/event:
The Miami Chapter of Kaza Temple will be paying $500.00 fran their treasury
for cost of local bands.
I hereby certify that the information provided herein is true and
accurate and that the funds provided by the City will be expended
in accordance with the commitments approved by the City
Commission. Furthermore, the City will be provided with an
accounting of expenditures and receipts within thirty (30) 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:
PRESIDENT OF CORPORATION
NA19E OF ORGAtMAT.O14
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Attachment 2
DESERT OF FLORIDA
KAZA TEMPLE
GALA DAY PARADE
LINE ITEM BUDGET
Police Services $4,993.70
Sanitation Services'. 2,500.00
Event Insurance 45.00
Total $7,538.70
E
INSURANCE REQUIREMENTS FOR USING
CITY OF MIAMI FACILITIES
All tenants using City facilities must provide Public I..iability Insurance with
limits of $300,000 bodily injury and $25,000 property damage, using one of the
following methods:
(1) Provide the City with a Certificate of Insurance from their current
policy and a copy of the endorsement naming the City as "Additional
Insured."
(2) Purchase a policy with the required limits to specifically cover the
event, naming the City as "Additional Insured"; and provide the City
with a copy of the policy.
(3) Obtain coverage through a Special Events Policy which is on file with
the City of Miami. Further details on this policy may be obtained from
the auditorium and/or stadium Manager.
(4) With reference to No. 3 above, it is understood and agreed that this
policy has a $50.00 deductible per occurrence on bodily injury and
property damage, and that the sponsor of the event will be liable for
the payment of the deductible of any claim of either bodily injury or
property damage in connection with this policy.
will furnish the required insurance for using City of Miami facilities, by
method (1) (2) (3 - 4) y (CHECK ONE OF THESE SPACES).
IF (3 - 4) IS SELECTED, FILL IN THE FOLLOWING INFOht-IIATION:
The Desert of Florida Kaza Temple
request(s) to be named on the City of Miami's SPECIAL EVENTS INSURANCE POLICY for the
date (s) of:
Mav 26. 19
FOR The first annual Black Shriner's Gala Day Parade
Type of event, at a cost of $45.00 PER DIEM, which includes $5.00 administrative cost.
LOCATION OF EVENT: NW 7 Avenue from NW 50 Street to NW 71 Street
Attest: By:
NAME & TITLE (Please type or print)
Address:
Manager
Auditorium or Stadium
84--51-7