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HomeMy WebLinkAboutR-84-0522J-84-378 5/9/84 rr/D-5 M84-327 3/29/84 RESOLUTION NO._82 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $2,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, QUALITY OF t_IFE FUND, TO COCONUT GROVE SENIOR CITTZEN5, INC. IN CONNECTION WITH "GALA DAY"; SAID ALLOCATION REING CONDITIONED UPON SUBSTANTIAL COMPLIANCE WITH CITY OF MIAMI ADMINISTRATIVE POLICY NO. APM-1-84, DATED JANUARY 2.4, 1984. WHEREAS, the City Commission by Motion No. 84-327 on March 29, 1984, aut:hori.zed allocation of an amount not to exceed $2,000 to Coconut Grove Senior Citizens, Inc. for its "Gala Day"; and WHEREAS, Coconut Grove Senior Citizens, Inc. will stage Gala Day on May 17, 1984 in t*he City of Miami's Virrick Park; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. An amount not to exceed $2,000 is hereby allocated from Special Programs and Accounts, Quality of Life Fund, to Coconut Grove Senior Citizens, Inc. in connection with "Gala Day" to be held on March 179 1984 in the City of Miami's Virrick Park. 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 10 day of May , 1984. Maurice A. Ferre ST: CITY COMMISSION MEETING OF MAY 14 1994 RESDLU!ij„ i--522 REMARKS AGREEMENT This agreement entered into this__ day of , 1984, by and bct wnpn the City of Mii ami, a municipal corporation of Dade County, Florida, her-einafter referred to as "CITY" and Coconut Grove Senior Citizens, Inc., hereinafter referred to as GRANTEE. WITNESSETH: WHEREAS, Coconut Grove Senior Citizens, Inc., has requested $2,000 to help defray the costs of "Gala Day" to be held in the City of Miami's Virrick Park on May 17, 1984; and WHEREAS, the City Commission, by Resolution No. of 1984, allocated an amount not to exceed $2,000 from Special Programs and Accounts, Quality of Life Fund to Coconut Grove Senior Citizens, Inc., in connection with "Gala Day"; NOW, THEREFORE, the City Of Miami and Coconut Grove Senior Citizens, Inc., do mutually agree as follows: 1. TERM This Agreement shall commence May 17, 1984, for the purpose of providing services stipulated in Paragraph 2 of this Agreement and shall terminate on May 17, 1984. 2. GRANTEE AGREES: a) The GRANTEE shall stage "Gala Day" on May 17, 1984, at Virrick Park. b) The GRANTEE shall acquire a permit for the use of Virrick Park. c) The GRANTEE shall comply with the covenants and requirements stipulated in said permit. 84 --522 d) The GRANTFF shall pay for all other costs associated with staging " 1 a Pnv" e) The (3RA*.aEE, small 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. f) The GRANTEE shall facilitate the monitoring of this event by assisting the City employees) assigned to this activity. 3. COMPENSATION a) The CITY shall pay the GRANTEE, as compensation for the services outlined pursuant to Paragraph 2 hereof, the amount of $2,000. b) Said compensation shall be paid upon presentation of original invoices within 30 days after the event. c) The GRANTEE and the CITY hereby agree that the maximum amount payable under this contract shall not exceed $2,000. 4. TERMINATION OF CONTRACT 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 payir,ents made in accordance with this section to the GRANTEE shall be made only if said GRANTEE is not in default under the terms of this Agreement. If the GRANTEE is in default, pursuant to the terms of Paragraph 14 or any other provisions of 2 84-522 IV d) The GRANTEE_. sha1_1 pay for all other costs associated with staging "Gala Day" e) The GRANTEF: :ha,1.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. f) The GRANTEE shall facilitate the monitoring of this event by assisting the City employee(s) assigned to this activity. 3. COMPENSATION a) The CITY shall pay the GRANTEE, as compensation for the services outlined pursuant to Paragraph 2 hereof, the amount of $2,000. b) Said compensation shall be paid upon presentation of original invoices within 30 days after the event. c) The GRANTEE and the CITY hereby agree that the maximum amount payable under this contract shall not exceed $2,000. 4. TERMINATION OF CONTRACT 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 sure provided by this Agreement. It is hereby understood by and between the CITY and the GRA14TEE that any payments made in accordance with this section to the GRANTEE shall be made only if said GRANTEE is not in default under the terms of this Agreement. If the GRA14TEE is in default, pursuant to the terms of Paragraph 14 or any other provisions of A 2 84-522 this Agreement, then the CITY shall in no gray be obligated and shall not: pay to the 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 or by telegraph addressed to the other party at the address indicated f 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. COCONUT GROVE SENIOR CITIZENS, INC. - P.O. Box 343 Miami, Florida 33133 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 The GRANTEE warrants that it has not employed or retained any x; person employed by the CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any r; 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, 3 Florida (i)a,a r ,,1 , . 1 ) an i,vfhe F1ori.dP Statutes, and agrees th;:ii- 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 in writing to the performance'of such services or any part thereof by another person or firm. 8. CONSTRUCTION OF AGREEMENT The parties hereto agree that this Agreement shall be construed and enforced according to the laws, statutes and case laws of the State of Florida. 9. SUCCESSORS AND ASSIGNS This Agreement shall be binding 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. b) The CITY will audit all GRANTEES receiving $15,000 or more. c) All GRANTEES receiving $2.5,000 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 84-522 or, - y no later than pn days after the termination of this Agreement or final reeei.pt, ref' CITY funds, whichever is applicable. 1 1 . INDFh JTETCATION 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 ill 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, judgements 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. 12. CONFLICT OF INTEREST The GRA14TEE covenants that no person under its employ who presently exercizes any functions or responsibilities in connection with this Agreement has any personal financial interests, direct 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 shall not attain any rights or benefits under the Civil 5 84- 522 Service or Pennic,r. r�l�.nar�ce of t_.tie c: i,'. . r i gf,t,.s generaa.l,y afforded ells, ^i.fi1 d c r 1)nr..la., i fi.-d e pl-yurthe/she shall not be dIr-mcd enti t-Jp(I to Florida Worker's Compensation benefits as :gin 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. 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 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. 17. CONTINGENCY CLAUSE Funding for this Agreement is contingent upon the availability of funds and continued authorization for program activities and is 6 Service or Pension, f?inanc'r of t ,.r, CTTV . or rV rights generally afforded cl ar ,9 fa e,d or ,anola: .ii eri eri�?l.ovees: further he/she shall not be deemed rflti i;l_rd 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 GRA14TEE 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. 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 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. 17. CONTINGENCY CLAUSE Funding for this Agreement is contingent upon the availability of funds and continued authorization for program activities and is 6 84-522 subject to amendment or term; nation daze to l nc k of fiends or authorization, reduction of fiends, andlot- change i.n regulations. 18. COMPT.TANCE VTTIJ F.DFRAL, 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, 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 AND 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. b) CITY funds will NOT be co -mingled with any other funds and that separate bank accounts and accounting records will be maintained. c) The expenditures of CITY funds will be properly documented and such documentation will be maintained. d) Periodic progress reports 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 7 84-522 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 banding 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. 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 band year first above written. ATTEST: Ralph Ongie, City Clerk 8 CITY OF MIAMI, a municipal corporation of the State of Florida By _ Howard V. Gary, City Manager 84--522 ATTEST: SECRETARY APPROVED AS TO FORM AND CORRECTNESS: Jose Gacia-Pedrosa, City Attorney APPROVED AS TO INSURANCE REQUIREMENTS: GRANTEE: COCONUT GROVE SENIOR CITIZENS, INC. By PRESIDENT SEAL 9 84-522 w1waym a E COMMISSION ACTION TO. Howard V. Gary City Manager CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM DATE: April 2, 1984 FILE: SUBJECT Resolution allocating $2, 000 to Coconut Grove Senior Citizens, Inc. FROM Carl Kern REFERENCES: April 26-, 1984 City Commission Acting T)irector Agenda Department of Parks ENCLOSURES: and Recreation "It is recommended that an amount not to exceed $2,000 be allocated to Coconut Grove Senior Citizens, Inc. from Special Programs and Accounts, Quality of Life Fund in connection with "C-ala Dav," per the attached resolution." The City Commission, I)y Motion No. 34-a327 on March 29, 1984, autho- rized the of $ 2, 000 to Coconut Grove Senior Citizens, Inc. in cnii )i 3Cj: oii Day-" The i !.,,fi ion plan.s, to use these funds to purchase food, awards and pr.o(_iri.;nls for the participants of "Gala Day" which will be held on May 1-7, .1984, in Vi.rrick Park. SLM/ar Enclosure cc. Law Department am 84-522 ter �� '�- CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO. Howard V . Gary oATE: May 2, 1984 ME: City Manager SUBJECT: Resolution allocating $2,000 to Coconut Grove Senior Citizens, Inc. FROM Dena Spillman, Director REFERENCES: May 1.0, 1984 City Commission Department of Community Development Agenda ENCLOSURES: It is recommended that an amount not to exceed $2,000 be allocated to Coconut Grove Senior Citizens, Inc. from Special Programs and Accounts, Quality of Life Fund in connection with "Gala Day", per the attached resolution. This resolution formalizes Tiotion 84-327, passed by the City Commission on March 29, 1984. The City Commission), 1))- Motion 1�'o, 01,11 .327 on March 29, 1984, expressed its intent to allecate $2,000 t.o Coconut Grove Senior Citizens, Inc. in connection ry i tla " G a l.a:a Day" , The organi zaCioll Ia7.anf..z to use these funds to purchase food, awards and programs for the participants of "Gala Day" which will. be held on May 17, 1984, in Virrick Park. It is recommended that the City Commission adopt the attached resolution which formalizes Motion 84-327. /Jmb A-7T 84-522