HomeMy WebLinkAboutR-84-0557J-84-425
5/9/84
rr/D7
RESOLUTION NO. 84--5517
A RESOLUTION AUTHORT7TNG THE CITY MANAGER
TO EXECUTE - AN AGRFEMFNT, IN A FORM
ACCEPTABLE IO TIIF CITY ATTORNEY, WITH
JOHN PACHTVA S, REGIONAL DIRECTOR OF THE
U.S. KARATE ASSOCIATION, FOR AN AMOUNT
NOT TO EXCFI=D $41500, IN CONNECTION WITH
THE CITY'S SPONSORSHIP OF THE WORLD
KARATE CHAMP TONSHIP TO BE HELD JUNE 23
AND 24, 1984, USING FUNDS PREVIOUSLY
ALLOCATED AND EARMARKED FOR THE PURCHASE
OF AWARDS.
WHEREAS, the City Commission, by Resolution No. 84-411
adopted April 5, 1984, allocated an amount not to exceed
$4,500 from Special Programs and Accounts, quality of Life
Fund, to the U. S. Karate Association in connection with the
City's sponsorship of the World Karate Championships to be
held June 23 and 249 1984; and
WHEREAS, said allocation was earmarked for the purchase
of awards; and
WHEREAS, said allocation was conditioned upon
substantial compliance with City of Miami Administrative
Policy No. APM-1-84, dated January 24, 1984; and
WHEREAS, the U. S. Karate Association is not a
not -for -profit organization chartered in the State of
Florida; and
WHEREAS, John Pachivas is the Regional Director of the
U. S. Karate Association and has agreed to be responsible to
the City and accountable for the activities of the teams
participating in the World Karate Championships;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to
execute an agreement, in a form acceptable to the City
Attorney, with John Pachivas, Regional Director of the U. S.
Karate Association, for an amount not to exceed $4,500, in
CITY COMMISSION
MEE`f III G OF'
MAY 10 IBM
kEMG.kK _ .._ _
1
connection with the City's sponsorship of the World Karate
Championship to be held on June 23 snit 2.4, 1904, using funds
previously allocated and earmarked for the pt.1rchase of
awards.
PASSED AND ADOPTED this 10th day of May y , 1984.
Maurice A. Ferre
ATTEST:
Q'I Pp, G. ,
PREPARED AND APPROVED BY:
A
DEPUTY CITE" ATTORNEY
APPROVCU AS 10 FORH AND CORRECTNESS:
,41
G A RCS -PE )RUB
TY ATTORNEY
84-5 S';,
b`k 4
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO. Howard V. Gary DATE: April 23, 1984 FILE:
City Manager
SUBJECT: Agenda Item
Agreement with the U.S. Karate
Association
FROM: Dena Spillman, Director REFERENCES:
Department of Community Development -
ENCLOSURES:
Attached is a recommendation and legislation authorizing the City
Manager to enter into an agreement with John Pachivas, Regional
Director of the U.S. Karate Association.
On April 5, 10i'M, ))�- Fe oluti-on 24-411, tho City Coiw�iii,,ion
allocatcd i*jot to c�,ccc(l 1�4,500 to trophies
and award.,.-, in t) 1'�o'rld. Ch"m1pionship
to be on Jlunc. 23 z;nd
This since
they arc nol--, cc)rporation in
the State of P,)-)d thus are unable to pi-ovide., a letter from
a CPA verifying internal financial controls,
This item has been reviewed by this Department and it may be placed
on the May 10th agenda if it meets with your approval.
/jmb
84-557
COMMISSION ACTION
H.
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO: Howard V. Gary DATE: April 18, 1984 FILE:
City Manager
SU13JECT: Resolution authorizing an
agreement with the U.S.
Karate Association
FROM: Carl Kern REFERENCES: May 10, 1984, City
Acting Director Commission Meeting
Department of Parks ENCLOSURES:
and Recreation
"It is recommended that the City Manager
be authori7ed to executc, an z)arccment,
in subs -,La 2) ti,z 1, 1,y tll(- - � foy-m atc. taclid here-
to, N%itll the U'S. oil
for $ 4, 0 0 foi� the 1)1.) 1 c) I i:rouhies
and a\.'j)) co))iickA:i(,n v,th 1,hc. World
Yar,-,A(l i i',Ivtp ic,)i (AJ) j 1, )w-16 Iune 23
and 1`4, 1 G4 ,J, t)-) j
al I o (-:;1 t ('cj 1-.1'r),- ilic
The City Commission, !-)y No, on 7,.nril 5, 1984,
allocated an amount not to exceed $4,500 from .Spacial Programs
and Accounts, Quality of Life Fund, to IL -he U.S. Karate Associa-
tion to purchase awards and trophies in connection with the World
Karate Championships to be held June 23 and 24, 1984, with said
allocation conditioned upon compliance with the City of Miami
Administrative Policy No. APM-1-84.
Complete compliance with APM-1-84 is not possible as the U.S.
Karate Association is not a not -for -profit organization chartered
in the State of Florida, nor can it provide financial controls.
Substantial compliance with the policy is possible, however, by
requiring that funds be made available on a reimbursement basis
strictly for the purchase of awards and trophies.
a r
Enclosure
cc. Law Department
84-557
AGREEMENT
This agreement entered into this day of , 1984,
by and between the City of Miami, a municipal corporation of Gad.:
County, Florida, hereinafter referred to as "CITY" and John
Pachivas, Regional Director of the U.S. Karate Association,
hereinafter referred to as GRANTEE.
WITNESSETH:
WHEREAS, the U.S. Karate Association has requested $4500 to
help defray the cost of awards for the World Karate Championship
to be held at the Omni Hotel in Miami, Florida, on June 23 and
24, 1984; and
WHEREAS, the City Commission, by Resolution No. of April
5, 1984, allocated an amount not to exceed $4500 to the U.S.
Karate Association, in connection with the City's sponsorship of
the World Karate Championships to be held June 23 and 24, 1984;
and
WHEREAS, the GRANTEE will pay all other costs associated with
presenting the championships;
NOW, THEREFORE, the City Of Miami and John Pachivas, Regional
Director of the U.S. Karate Association, do mutually agree as
follows:
1. TERM
This Agreement shall commence upon execution by the City Manager
and shall cover the period June 23, 1984, for the purpose if
providing services stipulated in Paragraph 2 of this Agreement,
through June 24, 1984.
1 84-55i'
2. GRANTEE AGREES:
jl The GRANTEE shall be responsible to the City of Miami and
accountable for the activities of the participants in the World
Kar;rte Championships.
b) The GRANTEE .:hall pay for all other costs associated with
participating in the World Karate Championships.
3. COMPENSATION
a) The CITY shall pay the GRANTEE, as compensation for the
services outlined pursuant to Paragraph 2 hereof, the amount of
$4500, earmarked only for the purchase of awards in connection
with said World Karate Championship.
b) Said compensation shall be paid upon presentation of original
paid bills 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 $4500.
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 t,
the CITY. In that event, notice of termination of this ASr�er.:
shall be in writing to the GRANTEE who shall be paid for exper,st.—
incurred prior to the date of the receipt of the notice of
termination. In no case, however, will the CITY pay the GRAN•11E..
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
under the terms of this Agreement. If the GRA14TEE is in
pursuant to the terms of Paragraph 14 or any other provision- -f
2 84-55 7
A
this Agreement, then the CITY shall in no way be obligated and
shall not pay to the GRANTEE any sum whatsoever.
3. GENERAL CONDITION
a) all notices or other communications which shall or may be
given pursuant to this Agreement shall be in writing and shall t;^
delivered by personal service, or by registered mail or by
telegraph addressed to the other party at the address indicated
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.
U.S. KARATE ASSOCIATION, d/o:
JOHN PACHIVAS - P.O. Box 493
North Miami Beach, Florida 331;;j
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.
e) 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
person employed by the CITY to solicit or secure this Agreement
and that it has not offered to pay, paid, or agreed to pay ony
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 Cir-;
of Miami (Miami City Code Chapter 2, Article V), Dade County,
3 84--SSi
ri:,rida (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 laws of thQ
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 anti
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 $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 c;`
an opinion on the financial statements and accounts of fund3.
4 84'-" 55`i
Said audit shall be submitted to the City Manager or his designee
no later than 90 dayn after the termination of this Agreement or
final receipt of CITY funds, whichever ii 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, 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, judgements or decrees which may be entered, and from and
against any and all costs, attorney's feel, expenses and
liabilities incurred in the defense of any such claims, or in Lhe
investigation thereof.
12. CONFLICT OF INTEREST
The GRANTEE covenants that no person under its employ who
presently exorcizes any functions or responsibilities in
connection with this Agreement has any personal financial
interests, direct or indirect, in this Agreement. The GRANTEE
further ccvenants that, in the performance of this Agreement, n-.
person having such conflicting interest shall be employed. Ar,
such interests on the part of the GRANTEE or its employees mu,>t
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 GRA14TEE and its employees and agents shall be deemed to be in.
independent contractor, and not an agent or employee of the CITY,
5 84-5517
9
.nnl shall not attain any rights or benefits under the Civil
ervice or Pension Ordinance of the CITY, or any rl ht.s general y
afforded classified or ianc,lassi.fied emploYr'es; further he/she
shnI1 not be deemed entitled to C l.orida Worker's Compensation
benefits as an emplovee 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.
6 84r'SSri
'?. CONTINGENCY CLAUSE
Funding f:�r t.hi_s Agreement is contingent upon the availability of
funds and o(:-jnt,inued authorization for program activities and i:,
Subject to or, termination due to lack of funds or
authorization, roduction 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 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 thy,
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 anti
such documentation will be maintained.
7 84-557
J) 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
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 governi,ig
body, authorizing the execution of this Agreement., including all
understandings and assurances contained herein, and directing and
authorizing the person identified as the official representativ(2
of the GRANTEE to act in connection with the GRA14TEE 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 dr.-r
signed by both parties. Such amendments shall be incorporated a�
a part of this Agreement upon review, approval and execution b;
the parties hereto.
I
8
84-55t
IN aITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed in their names by their dijly 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
ATTEST:
APPROVED AS TO FORM AND CORRECTNESS:
Jose Garcia -Pedrosa,
City Attorney
APPROVED AS TO INSURANCE REQUIREMENTS:
CITY OF MIAMI a
municipal corporation
of the State of Florida
By
Howard V. Gary,
City Manager
GRANTEE:
U.S. KARATE ASSOCIATION
By
John Pachivas,
Regional Director
E
84-55i
ki
0� .
SPECIAL FUNDING REQUEST
G
DATE: 3/28L84
Name of Event, Project or Program: U.S.K.A.
WORLD KARATE CHAMPIONSHIPS
Date of Event, Project or Program: JUNE 23rd & 24th, 1984
Name of Organ i zat ion : UNITED STATES KARATE ASSOCIATION
Name of Contact Person: JOHN PACHIVAS
Telephone: Work: 949-8834 _ _ Home: 940-9510
Mailing Address: P.O. EIOX 493; H._MIA111 BEACH FL. 33160
Brief description of program/event (including number of people
expected to participate or attend program):
WORLDS LARGEST KARATE- QIEUT 2 QQ Pj JJRS
3500 FANILY_,1EI IRS 3,000_SPECTATORS_Y___
Benefits to the City (quantify where possible):
OUT OF TOtlN IINCOME OF APPROXIMATELY S2.5 �4ILLION
Support Requested:
Cash Grant: $ 4300.00
In -Kind Services (specify type of service and $ value as
determined or estimated by the providing department):
Fee Waiver $ Amount: --- Facility -----
pate (s) -----
Total $ Requested from City: $4300.00
Has City provided support in previous years? Yes XX No
If yes, please attach a letter- from a certified public accountant
verifying ti10 5ufficier;cy of` accounting systems and internal
financial controls during funding period. If you have received
$25,000 or- more, a cony of an audit reflecting the expenditure of
those furl is must. alLio be provided. Also, :ipeci fy pa5t City
Support and dateO of event or activity.
THE FUNCTICN, It'01 ON SUCH AN It,CCME PRODUCING SCALE 1RA1 INIS NIAS
--, r• rr.,^CIYC rn.�.r rr, n.. nw, .. r.. -. ,.-.- ,. T�.- ryY� .
i � •
i
SPECIAL FUNDING REQUEST
0'.
DATE: 3/28/84
Name of Event, Project or Program: U.S.K.A.
WORLD KARATE CHAMPIONSHIPS
Date of Event, Project or Program: JUNE 23rd & 24tii, 1984
Name of Organization: UNITED STATES KARATE ASSOCIATION
a
Name of Contact Person: JOHN PACHIVAS
Telephone: Work: 949-8834 Home: 940-9510
Mailing Address: P.O. BOX_493; N. MIAMI BEACH, FL. 33160
Brief description of program/event (including number of peDple
expected to participate or attend program):
WORLDS LARGEST YJ1RAJQU�(�F,�{�Q C�QTITQjjS______
3500 FAMILY 10,15ERSF., 3,_000 SPECTATORS
Benefits to the City (quantify where possible):
OUT OF TOtttd UXOXE OF APPROXI+1ATE0' S2.5 MILLION
Support Requested:
Cash Grant: $ 4300.00
In —Kind Services (specify type of service and $ value as
determined or estimated by the providing department):
NONE REOUIREJ
Fee Waiver $ Amount: ---- Facility -----
Dates) -----
Total $ Requested from City: $4300.00
Has City RrovidQd support in previous years? Yes XX No
If yes, please attach a letter from a certified public accountant
verifying; the sufficiency of accounting systems and internal
financial controls durint furrdirlg period. If you have received
$25,000 or more, a coley of an audit. reflecting the expenditure of
those furl I n;ust. also be provided. Also, specify past City
support a!id daLe(b) of event or activity.
THE FUNICTIOt, t;AS NUT ON SUCH AN IUCG.11 ('RODUCV,G SCALE THAT THIS 1�AS
�I'Y.
Have you requested and/or received funds from ot,hrr- ;overnmental
entities? Yes m )X__.._ No
List all Funding -or'rces Amount (Tnr1i.olt:(, if
Applied to: received, still
pending, or re.jccted)
.QE_CQU CJT Y qT 1U P._E.Cili..i G
Please indicate what measures will he taken to insure adequate
financial controls and accounting of funds:
COPIES OF INVOICES TO SNOW EXPENSE CF TROPHIES DONATED BY CITY
Please attach the following information relative to your
organization to thi's application:
1)
State Charter;
CONSTITUTION ATTACHED .
2)
Tax Exempt. NOT fXAIL.AGLE
3)
Documcntat.ion rf
intcrnn in,,nci l controls and letter
from ccr=t.i f`i �:ci
}�rrhlic� t�cct rrt�i.�rnt. vcr�i..fyinCt accounting
systems and intrrtial.
000 ro):,, N01 COPIES OF BILLS SUPPLIED
4)
A copy cf t.hc
rojuctcd Brie itcr, budr reflecting
expendiIurI " d
,:ant,is"iht,4,d retic�nt,c:- f`c�r projcct,A(cvunt;
and COPY Slil'h)l)L:I)
G 1i( 0)1' 1,C 0 - A1AC1111�
5)
If thi"r i;r rrct. "I
one time cvetit., p}leave attach a copy of
the organi7a.tion1
7, rinnu.rl budget indicating all sources
of funding
Please describe organization's capability to accomplish
program/event:
THIS HAS SEEN DONE FOR 24 YEARS , THE 501 TIME IN THE 1141I 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 .pproved by
the City
Commission.
Furthermore, the
City gill 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 docurrfients or
data requested
by the. City:
ROSERT TRIAS JOHN A. PACHIVAS
REGIONAL DIRECTOR
DIRECTOR Of' ASSMATION
UNIt . J STATES KAft ATE ASSOCIATION
r1 ME OF ORGAIJFZAT1014 ASSLtiTATIONS ARE NOT CORP.)
v
ASSOCIATION No
84- 55 i
WORLD KARATE CHAMPIONSHIP
LINE ITEM BUDGET
Awards and Trophies $4,500.00
Total $4,500.00
84--55