HomeMy WebLinkAboutR-84-0556J-84-286
4/19/84
rr/D-5
M84-244
3/8/84
RESOLUTION NO. 84 '!i&tiCi
A RESOLUTION ALLOCATING AN AMOUNT NOT TO
EXCEED $17,730.30 FROM SPFCTAL PROGRAMS
AND ACCOUNTS, OIIALITY OF I_TFF FUND, IN
SUPPORT OF THE JND CONCERT FOUNDATION,
INC., TO COVER THE COST OF THE RENTAL FFE
OF THE HTAMI CONVFNTTON CENTER IN
CONNECTION W T T H A CONCER1 FEATURING
LUCIANO PAVAROTTT IiELD MARCH 10, 1984;
SAID ALLOCATION BEING CONDTTTONED UPON
SUBSTANTIAL COTiPI_TANCE WITH CITY OF MIAMI
ADMINISTRATIVE POLICY NO. APM-1-84, DATED
JANUARY 24, 1984.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLOR IDA:
Section 1. An amount not to exceed $17,730.30 is
hereby allocated from Special Programs and Accounts, (duality
of Life Fund, in support of the JND Concert Foundation, Inc.,
to cover the cost of the rental fee of the Miami Convention
Center in connection with a concert featuring Luciano
Paverotti held March 10, 1984.
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
ATTEST: M A Y 0 R
O
RALPAC,4;�NGIE, CITY F27
PREPARED AND APPROVED BY:
`C
ROBERT F. CLARV, DEPUTY C TY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
IV
GAR CIA-PEDROSA, CITY ATTORNEY
CITY COMM1lss7c11y
MEETI 'J OIL'
MAY 10 19VI
63
CITY OF MIAMI, FLORIDA �LJ
INTER -OFFICE MEMORANDUM
TO. Howard V. Gary
City Manager
t �
FROM: Dena Spillman, Director
Department of Community Development
DATE. Apri 1 24, 1984 FILE:
SUBJECT: Substitute Legislation for
the JND Concert Foundation
REFERENCES! May 10, 1984 City Commission
Agenda Item
ENCLOSURES:
Attached is a recommendation and substitute legislation submitted by the
Department of Parks and Recreation in connection with a special funding
request from JND Concert Foundation in the amount of $17,730.30. This
new legislation will replace previous legislation dated March 19, 1984
and is suly»itted to your office for placement on the agenda.
Motion No. c 4.21.4 l u sci: an fiarch 3, 1P'�, c?:presscd the intcnt of the
Clt COix!!'s i oil to al loc tc an jhmo,,1nt lint to c cccd � � / 1tC)(i to CoV'ol' the
rental f ec Of tMe 111&mi conV'Cniion (,cll ter i or l-v tenor
Luciano Pay,arot'i-i on tj�:,rch 10, IN"'-i. lie rental cosi i'ur they c.\'ent was
$17,730.:30,
This item has been reviewed by this department: and it, may be placed on the
j May 10 Co%ni ssi on agenda if it meets with your approval,
t
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Enclosure
84-55f,
H
E,
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
COMMISSION ACTION
TO: DATE: April 1.8, 1984 FILE
Howard V. Gary it
City Manager
SUBJECT: Substitute Resolution for
the JND Concert Foundation
FROM: Carl Kern REFERENCES: May 10, 1984 City Commission
Acting Director meetinq
Department of Parks ENCLOSURES:
and Recreation
"It is recommended that an allocation in
an amount not to exceed $17,730.30 be
approved from the Special Programs and
Accounts, ouality Of Life Fund, for the
JND Concert
I-C, 3- C C- n t 4
J.nq the
rental fco of th(- Clt,' Of
Knialit oj�-13--ch 10,
1984; co?lj (),)1i "Q 1-0
City of ce 1�0.
2 j" 1 9 '
AP11-1-84, 6at-(d 8 4, per
The City Commis-J-on, ):)-,, 1,101-J.on 1dn. B4-244, on I -larch 8, 1984, exures-
sed their intent to allocate an amount not to exceed $17,800 re.Dre-
senting the rental fee for the Use Of tjje Cit}7 of Miami/University
of Miami James L. Knialit International Center on March 10, 1984,
for one (1) day for a performance by tenor Luciano Pavarotti.
The attached resolution formalizes said motion. Funds to cover the
$17,730.30 rental fee are available from Special Programs and
Accounts, Quality of Life Fund.
a r
cc. Law Department
COMMISSION ACTION
TO: Howard V. Gary
City Manager
FROM: Carl Kern
Acting Director
Department of Parks
and Recreation
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
DATE: April 18, 1984 FILE
SUBJECT: Substitute Resolution for
the JND Concert Foundation
REFERENCES: May 10, 1984 City Commission
Meeting
ENCLOSURES:
"It is recommended that an allocation in
an amount not to exceed $17,730.30 be
approved from the Special Programs and
Accounts, Quality of Life Fund, for the
JND Concc-,.ft 1'ojj c�j1 ion icprc,clitinq the
rental fee for the of
Miami /till z v c?-"; i. tv oi- I
Knight
- — 10,
1984; <;a 6 , 11. tj _),)i 31 to
City 01 11olice No.
attach(:61 uti oil
The City Commis.sion, 1!oj-j.orj 1o. 84-2441, on Njarch 8, 1984, exnres-
sed their intent to allocate an arriotint not to exceed $17,800 reT-)re-
senting the rental fee for the use of the City of fniami/Univers ity
of Miami James L. Knight International Center on March 10, 1984,
for one (1) day for a performance by tenor Luciano Pavarotti.
The attached resolution formalizes said motion. Funds to cover the
$17,730.30 rental fee are available from Special Programs and
Accounts, Quality of Life Fund.
S61 a r
cc. Law Department
84-556
4
AGREEMENT
This agreement entered into this day of , 19841
by and between the City of Miami, a municipal corporation of Dade
County, Florida, hereinafter referred to as "CITY" and the JND
Concert Foundation, Inc., hereinafter referred to as GRANTEE.
f
WITNESSCTH:
WHEREAS, the JND Concert Foundation, Inc., has requested a waiver
of the rental fee for the Miami Convention Center on March 10,
1984, for a concert by Lucianno Pavarotti; and
WHEREAS, the City Commission, by Resolution No. of
1984, allocated an amount not to exceed $17,730.30 from
Special Programs and Accounts, Quality of Life Fund to the JND
Concert Foundation, Inc. representing; the rental fee of the Miami
i
Convention Center for the Lucianno Pavarotti Concert on March 10,
1984;
NOW, THEREFORE, the City Of Miami and the JND Concert Foundation,
Inc. do mutually agree as follows:
1. TERM
This Agreement shall take effect upon execution by the City
Manager and shall cover the period March 10, 1984, for the
purpose of providing the services stipulated in Paragraph 2 of
0-41
this Agreement, through March 10, 1984.
2. GRANTEE AGREES:
a) The GRA14TEE shall present a concert by Luciano Pavarotti on
March 10, 1984.
b) The GRANTEE shall enter into a use agreement with the
Facilities Management Group, Inc. (FMG,Inc.) for the Miami
Convention Center.
1 84-556
r
e) The GRANTEE shall comply with the covenants and requirements
stipulated in said use agreement.
d) The GRANTEE shall pay for all other coats associated with
presenting the concert in the tli.ami Convention Center.
e) The GRANTEE shall 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) The CITY shall, as compensation for the services outlined
pursuant to Paragraph 2 hereof, allocate the amount of
$17,730.30.
b) The City of Miami, Department of Community Development, shall
4
handle payment to Facilities Management Group, Inc., for and on
s behalf of the GRANTEE to cover the cost of renting the Convention
Center facilities.
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c) Such payment shall be made in accordance with the approved
line item budget attached and incorporated as a part of this
Agreement.
d) The GRANTEE and the CITY hereby agree that t imum amount
payable under this contract shall not exceed/ 17,800.
4. TERMINATION OF CONTRACT
The CITY retains the right to terminate this Agreement at any
1 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 thtz 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.
5
It is hereby understood by and between the CITY and the GRANTEE
that any payments made in accordanen wi.t.h thi.s section to the
GRANTEE shall. be made only ..f said GRAPTEF i.s noi; In default
under the terms of this. agreement. If t.hc GRANTrE is in default,
pursuant to the terms of Paragraph 111 or any other provisions of
this Agreement, then the CITY shall in no way be obligated and
shall got 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
herein or as the .Name may be changed from time to time. Such
notice shall be dccmed given on the day on i,rhich personally
served; or if by mail, on the fifth day after being posted or the
date of actual receipt, whichever is earlier.
JND CONCERT FOUNDATION INC. -
P.O, Box 1402528
Miami. Beach, Florida 33140
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, thg terms in
I this Agreement shall rule.
A
6. AWARD OF AGREEMENT
The GRANTEE warrants that it has not employed or retained any
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
person employed by the CITY any fee, commission, percentage,
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84-5 )6
VI #
brokerage fee, or gifts of any kind contingent upon or resulting
from the award of matting this Agreement.
The GRANTE11" in aware of the conflJot of interest laws of the City
of `liami (riiami. 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 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 law* 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
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a) The GRANTEE shall provide the CITY with a letter from an
independent Certified Public Accountant (C.P.A.) which
j establishes that the GRA14TEEIS internal controls are adequate to
safeguard their assets and property record funds. The CITY will
not release any funds to the GRANTEE: prior to the receipt of this
letter.
b) 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 the final payment is made under
this Agreement.
c) The 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
eertifaed 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
The GRANTEE shall indemnify and save the CITY harmless from and
against any and all claims, liabilities, losses, and cause of
action, i-hich mz y :,ri c out. of the GR1,NTEE'S activitic:, under
this Agrcem('nt, inclvdii]C; 011 othe" acts or ommisston ; to act on
i the part of thc G111fiNTEE or any of them, including any person
acting for or on hi.;, 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 GRANTEE covenants that no person under its employ who
i 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
1
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84-SSC
41N
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 shell 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
4 requircci to rcpE.ly all funds advanced under this Agreement to the
CITY and t.)ac G)i:'NTE E may not be eligible to apply for additional
grant fundn.
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
i
any of the provisions or conditions of this Agreement shall not
be construed as waiving or relinquishing in the future any such
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84- 5 S6
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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
d
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 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 1;anaCement Division of the CITY. Whenever applicable,
the CITY shall be named as an additional insured.
b) The GRA14TEE 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:
%W T
I 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 banl< accounts arid accounting; records will be
maintained.
c) The expenditures of CITY funds will be properly documented and
such documentation will be maintained.
84--55C
7
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
the City Commission or any funds expended not in accordance with
proper accounting standards as determined by a competent auditing
d
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
understanding.. and assurances cont.ci.ned herein, and directing and
I 1 authorizing t.hc her;.on idcntificd as the official represcntative
of the GRANTEl" to act, in connection with the GRA14TEE and to
s
• 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 exe.cyttion by
the parties hereto.
-s
s 84 A
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed in their names by their duly auth_ori_aed officers
and the corporate seals to be affixed hereto, all as of the day
and year first above written.
ATTEST;
Ralph Ongie,
City Clerk
ATTEST:
SECRETARY
APPROVED AS TO FORM AND CORRECTNESS:
Jose Garcia -Pedrosa,
City Attorney
APPROVED AS TO INSURANCE REQUIREMENTS:
ivision of Risk Management
CITY OF MIAMI, a
municipal corporation
of the State of Florida
By
Howard V. Gary,
City Manager
GRANTEE:
JND CONCERT
FOUNDATION, INC.
By
PRESIDENT
SEAL
r 84—S � I
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EXHIBIT 1
SPECIAL FUNDING REQUEST
DATE: February 24, 1984
Name of Event, Project or Program: A Gala Concert with
LUCIANO PAVAROTTI
Date of Event, Project or Program: March 10, 1984
Name of Organisation: JND Concert Foundation, Inc.
Name of Contact Person: �___,Jufih_pucker
Telephone: Work: 532-3491 Home: 864-4481
Mailing Address: P.O. Box_402528, Miami Beach, FL 33140
Brief description of program/event (including number of people
expected to participate or attend program):
Concert by Luciano Pavarotti with Fort Lauderdale Symphony Orchestra.
Attendance 4,700 '
Benefits to•the City (quantify where possible): '
Niehly visible appearance by world's greatest tenor. Hall rental
r,
fees -remitted by the City will be applied to master classes & programs
nrnvirt �jlmi schoolchildren.
Support Requested:
Cash Grant: $ N/A
In -Kind Services (specify type of service and $ value as
determined or estimated by the providing department):
00
Fee Waiver $ Amount: 7% of gross Facility James L. Knight Center
Dates) March 10, 1984 admissions
Total $ Requested from City: ` � CIU
Motion 82-863 -- 9/23/82
11as City Provided support in previous years? Yes No
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 tsiust 31-1a be provided. Also, specify past City
support and d3te(a) of event or activity.
Openiii9 or f:flij'ht CAetltcr--concert b%, 1.uclano Pavarotti--lO'ovember 11, 1982;
g
waivt,r _nf -ntire rental fee.
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• Have you requested and/or received funds from other governmental
entities? Yea NO X
Gist all Funding Sources Amount (Indicate if
Applied to: received, still
pending, or rejected)
N/A
Please indicate what measures will be taken to insure adequate
financial controls and accounting of funds:
?lease at;: a ch the fol.l.owing information relative to your
organi:.ation to th-•s <_,^})l.icntion:
-:2) Ta x 't. C'cI i.iie.a.ti.on;
'3) Doe uricn'., .,t on of irrterna1 financial controls and letter
fI,oIii r<. I,t (') ( d; ))tr;_ I is accountant verifying accounting
systcm.-; Ino" :int.crnr l controls;
�) A cc,,{v n fhr I,roIr.cted line item budget reflo'cting
exPcnr.;iturc. r,r:, intzcipatcd revenues for project/,event;
and
• 5) If this is not., one time event, please attach a copy of
the orfun rt:c.1 , annual budget indicating all sources
of funding
Please describe organization's capability to accomplish
program/event:
JND Concert Foundation is well known as the pre—eminent presenter of world
class concert attrr.ctions in the Miami area.
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 (-�O) 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:
JUDITH DRUCKER
PRESIDENT OF CORPORACIOtt
JND CO'XERT VOt",TiA' ION, INC.
,(n;1t uF OFC",tdI7TIO;4
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.... ir.h . ._.,., ..:_..►:_ .. •.,.........:..:«.,.. .�..,....,�..�•.._ . EXHIBIT 2
. •�.�,'��fV• .N .�. .. �'7•?(tyta:..v.y. e.'s �.'I?Aare/: �"�—.,.Yp+ti ��.�
I
MIAMI CONVENTION CENTER
Operated by: FMG, INC.
1 JAMES L. KNIGHT INTERNATIONAL CENTER
400 S.E. 2nd AVE., MIAMI, FLORIDA 33131
TO: CITY OF MIAMI
3506 Pan Arnie: icarliari.ve
Miami, FL 331.33
INVOICE NO. 1747
DATE: March 26, 1.984
EVENT NO.
PREPARED BY:
EVENT'SNAME: JND FOUNDATION — LUCIANO PAVAROTTI'S CONCERT
GROSS TICKET SALES
LESS SALES TAXES
NET PROCLEDS
DEPOSITS
TOTAL REVENUE
LESS EXPENSES
7% $253,290
RENT (IVA OF ) OR
EQUIPMENT RENTAL
RENT CHARGES
SALES TAX ON RENT
TOTAL RENT EXPENSES
LABOR COSTS
SUPPLIES
CHANGE ORDERS
BOX OFFICE
CREDIT CARDS COMMISSIONS
17,730.30
7 , 7-1n
$ 17�7 0, 30
TOTAL EXPENSES
17,730.30
DUE TO / FROM CLIENT
Please sue the
CITY 0 MIAMI C
k pava to:
1132
17 , 730. 30
ION CE,
Client
FMG, mc.
Manue
A--yerriandez,
Directu - oil l'ir:,xl