HomeMy WebLinkAboutR-84-0558J-84} 43o
M-84-240
3/8/84 RESOLUTION NO,
A RESOLUTION ALLOCATING AN AMOUNT NOT TO
EXCEED $145.00 FROM :SPECIAL PROGRAMS AND
ACCOUNTS, QUALITY OF t_TFF FUND, 10 COVER
THE COST OF TILE f?ENTAL AND CVFNT INSURANCE
FOR AN EVENT HELD BY THE ASOCIACION INTER-
NACIONAL DE AMIGOS DE EI.. SALVADOR AT THE
MANUEL ARTIME COMMUNITY CENTER AUDITORIUM
ON MARCH 22, 1.981: SAID ALLOCATION BEING
CONDITIONED UPON SUBSTANTIAL COMPLIANCE
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, FLORIDA:
Section 1. An amount not to exceed $145.00 is hereby allocated from
Special Programs and Accounts, Quality of Life Fund, to cover the cost of the
rental fee and insurance for an event held by the "Asociacion Internacional de
Amigos de E1 Salvador" at the Manuel Artime Community Center Auditorium on
March 22, 1984.
Section 2. The herein allocation is conditioned upon substantial
compliance with City of Miami Administrative Policy No. APM-1-84.
PASSED AND ADOPTED this loth day of May , 1984.
ATTEST:
Q
ALPH . ONGIE, CITY CLERK
PREPARED AND APPROVED BY:
.40
Af 07,
ROBERT F. CLERK, DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
JOS P. GARCIA-PEDROSA, CITY ATTORNEY
Maurice A. Ferre
AURICE A. FERRE, MAYOR
CITY COMMISSION
MEETING OF
MAY 10 1984
REt�1Akh
CITY OF MIAMI, FLORIDA
INTER -OFFICE
ME•MORANr)um
ao
__ Ve
Howard V. Gary
DATE April 25. 1984
rIL F
City
Manager
SUBJECT Asociacion
International de
("
1�t
Amigos de
El Salvador
Dena
Spillman, Director
REFERENCES City Commission Agenda Item
Department of Community Development
May 10,
1984
ENCLOSURFS
It is recommended that $145.00 be allocated
from Special Programs and Accounts, Quality
of Life Fund, to cover the cost of the rental
and event insurance for the use of the Manuel
Artime Conniuni ty Center Auditorium by the —T N
Asociacion Internacional de Amigos de E1 —'�'
Salvador on Mai,ch 22, 1984; said allocation
substantially conforming to City of Miami
Administrative Policy No. APM-1-84, dated
January 24, 1984.
The City Commission, by Motion 84-240, on March 8, 1984, expressed their intent
to allocate $145.00 to cover the rental fee and insurance for use of the Manuel
Artime Community Center for one (1) day for a conference in support of the elec-
tion in the Republic of E1 Salvador.
The attached resolution formalizes said motion. Funds to cover the $145.00
rental and insurance are available from Special Programs and Accounts, Quality
of Life Fund.
Complete colrpliance with APiI-1-84 is not possible since the "Asociacion Intel-
- national de Amigos de El Salvador" is not legally chartered in the State of
Florida as a not -for -profit corporation and, as such, is unable to provide a
letter from a certified public accountant certifying internal financial caltro1s.
Payment to the iianuel Artime Community Center will be handled directly by the
Department of Community Development through an internal transfer of funds
rather than disbursing any funds.
The agreement' will be executed with Maximo Sorondo as representative of the
Asociacion Internacional de Amigos de E1 Salvador since this organization was
formed for the sole purpose of promoting free elections in the Republic of
E1 Salvador.
/rj f
Enclosure 1� "'
T I aet-1)
84-556
NOW, THEREFORE, the City of Miami and Maximo Sorondo, a
representative of the Asociacion Internacional de Amigos del
Salvador, do mutually agree as follows:
1. TERM:
W-1w
84-558
CITY OF MAW. FLOPIDA.
INTER -OFFICE M7EMOR,At'-10.1PA
Howard V. Gary
City Manager
Ac1 0 y)
R .?M Dena Spillman, Director
Department of Community Development
DATE April 2.5, 1984
Flt_E
SUBJECT Asociacion Internacional de
Amigos de El Salvador
REFERENCES City Commission Agenda Item
May 10, 1984
ENCLOSURES
It is recommended that $145.00 be allocated
from Special Programs and Accounts, Quality
of Life Fund, to cover the cost of the rental
and event insurance for the use of the Manuel
Artime Community Center Auditorium by the — ry
Asociacion Internacional de Amigos de El 71'
Salvador on March 22, 1984; said allocation
substantially conforming to City of Miami c.-
� t*J
Administrative Policy No. APM-1-84, dated
January 24, 1984.
The City Commission, by Motion 134-240, on March 8, 1984, expressed their intent
to allocate $145.00 to cover the rental fee and insurance for use of the Manuel
Artime Community Center for one (1) day for a conference in support of the elec-
tion in the Republic. of El Salvador.
The attached re o1uLion f-crnr�alizes said motion. Funds to cover the $145.00
rental and insur�ince are available from Special Programs and Accounts, Quality
of Life Fund.
Complete compliance with APi1-1-84 is not possible since the "Asociacion Inter-
nacional de Amicios de E1 Salvador" is not legally chartered in the State of
Florida as a not -for -profit corporation and, as such, is unable to provide a
letter from a certified public accountant certifying internal financial controls.
Payment to the f•ianuel Artime ComPhUni ty Center will be handled directly by the
Department of C011111'unit.y Development through an internal transfer of funds
rather than dishursin(i any funds.
The agreen-,ent will be executed with Maximo Sorondo as representative of the
Asociacion Internacional de Amigos de E1 Salvador since this organization was
formed for the sole purpose of pranoting free elections in the Republic of
El Salvador.
/rjf
Enclosure
84-55
AGREEMENT BETWEEN THE CITY OF MIAMI AND
MMIMO SORONDO, A REPRESENTATIVE OF THE ASOCIACION INTERNACIONAL
DE AMIGOS DEL SALVaDOR
This Agreement entered
into
this day
of
,1984, by and between the City
of Miami, a
municipal
corporation of Dade County,
Florida,
hereinafter
referred
to as "CITY" and Maximo Sorondo,
a representative of the
Asociacion
Internacional de Amigos del
Salvador,
hereinafter
referred
to as "GRANTEE."
W I T N E S S E T T H:
WHEREAS, Maximo Sorondo, a representative of the
Asociacion Internacional de Amigos del Salvador has requested
funds to cover one day rental at the Manuel Artime Community
Center Auditorium for a conference to support the election .in the
Republic of El Salvador; and
WHEREAS, the Asociacion de Amigos del Salvador is not a
not -for -profit corporation chartered in the State of Florida but
was organized for the purpose of lending support to free
elections in the Republic of El Salvador; and
WHEREAS, the City Commission on by
Resolution 84- allocated $145.00 from Special Programs and
Accounts, Quality of Life Account to cover the cost of insurance
and rental of the Manuel Artim(:l Community Center Auditorium;
NOW, THEREFORE, the City of Miami and Maximo Sorondo, a
representative of the Asociacion Internacional de Amigos del
Salvador, do mutually agree as follows:
1. TERM:
W1W
This Agreement shall commence March 2.2, 1984 for the
purpose of providing services outlined pursu3 int to paragraph 2 of
this agreement and shall terminate March 22, 1984.
2. GRANTEE AGREES:
a) The GRANTEE shall sponsor an event in the Manuel
Artime Community Center Auditorium on March 22, 1984 in support
of free elections in the Republic of E1 Salvador.
b) The GRANTEE shall enter into a separate use
Agreement with the City for the Manuel Artime Community Center
Auditorium.
c) The GRANTEE shall comply with all the covenants and
requirements stipulated in said use agreement.
3. COMPENSATION:
a) The CITY shall pay the GRANTEE, as compensation
for the services outlined pursuant to Paragraph 2 hereof, the
amount of $145.00 allocated from Special Programs and Accounts,
Quality of Life Account.
b) The City of Miami Department of Community
Development shall handle payment for and on behalf of the
GRANTEE.
c) The GRANTEE and the CITY hereby agree that the
maximum amount payable under this contract shall not exceed
$157.50.
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
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84-55F-
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 GRA.NTUE an amount in excess of the total sum provided by
this Agreement.
It is hereby understood by and between the CITY and the
GRANTEE 1that 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 GRANTEE is in default,
pursuant to the terms of Paragraph 14 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.
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 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.
Name and address of GRANTEE: Maximo Sorondo, a
i
representative of the Asociacion lnternacional de Amigos del
Salvador, 2742 S.W. 8th Street, Suite 219, Miami, Florida 33135.
City address: 3500 Pan American Drive, Miami, Florida
33133.
r
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 j
i
Agreement and any terms or conditions contained in documents, the
i
terms in this Agreement shall rule.
t
-3- 84-55fi
6 . AWARD OF -AGREEMENT:
The GRANTEFS -arrant that they have not employed or
retained any person —nployed by the CITY to solicit or secure
this Agreement_ and that th,�y liav,? not:. offered to pay,, poid, or
agreed to pay any person employed by the CITY any fee,
commission, percentage, brokerage fee, or gifts of any kind
contingept 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
respect 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) Prior to the release of any funds to the GRANTEE,
the GRANTEE shall provide the CITY a letter from an independent
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84-558
Certified Public Accountant (C.P.A.) which establishes that the
GRANTEE's internal. controls are adequate to safeguard their
assets and properly reconcile accounting transactions. The CITY
will not release any funds to the GE?ANTi F, prior to receipt Of
this letter.
b) The CITY res7erves the right to audit the records of
the GRAt TF�'E 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) 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 Department of Community Development 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's Department of Community Development no later than ninety
(90) days after the termination of this Agreement or final
receipt of CITY funds, whichever is applicable.
11. INDEM14I F I C:AT I ON :
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
i
under this agreement, including all other acts or omissions 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 all costs, attorney's fees, expenses and
liabilities incuired 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 presently exercises any functions or responsibilities in
Connection with this Agreement has any personal financial
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E
84�-556
I it
interests, direct or indirect, in this Agreement. The GRANTEE
further convenants that, in the performance of t_hi,s Agreement, no
person having
such conflict-Ane1 i.ni_erest s}ea1.1_ be employed.
Any
such a.rttet:est -
<?n the part of the
GRANTI,, ; or i_t:.s enpl.oY,,�,s,
must
be disclosed
in writing to the
CITY. The GPANTF,E, in
the
performance of
this /�greemen.t,
shall be subject to ttie
more
restricteive lava and/or guidelines
regarding conflict of interest
promulgated by
federal, state or Local government.
13. INDEPENDENT CONTRACTOR:
The GRAANTEE 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 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 G MNTEE may not be eligible to apply for
additional grant funds.
I
b) In the event of default, the CITY may cancel and
terminate this Agreement, and said Agreement shall be null and
void of no further force and effect.
15. NON-DlSCRI141NATION:
The GRIINTLE 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
t -6-
4 84--558
CITY Manager. The failure of the CITY to insist upon the strict
performance of any r�_f_- the provisions or conditions of this
Agreement shall_ not be cniistr.ued as waiving or relinquishing in
the future any such covenani7c; or conditions but the same shall
continue and remain in full force and effect.
1 17. CONTINGENCY CLAUSE:
Funding for this Agreement is contingent on 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 LA@JS:
Both parties shall comply with all applicable laws,
ordinances and codes of Federal, State and Local Governments.
Specifically, the GRANTEE agrees to comply with Title VI of the
Civil Rights Act- of 1964; Title VIII of the Civil Rights Act of
1968; Executive Order 11063; Executive Order 11264; Section 3
of the Housing and Urban Development Act of 1968; as amended.
19. BONDING AND INSURANCE:
a) During the term of this Agreement, the GRANTEE
shall maintain bonding and insurance coverages in amounts as
determined by the Risk Management Division of the CITY. Whenever
applicable:, the CITY shall be named as an additional insured.
b) The: GRAIv`iLE shall furnish certificates of insurance
and bonding, as required, to the CITY prior to commencing any
activities under this ;agreement.
20- ASSUItANCLS 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 as Exhibits 1 and 2), approved by the City
Commission.
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64-558
Y
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 SUCI) documentation will be maintained.
d) periodic progress reports as requested by the CITY
will bedprovided.
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 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 executions of this Agreement,
including all understandings and assurances cont._�ined herein, and
directing and autnorizing the person identified as the official
representative of the GRANTEE to act in connection with the
GRANTEE and to provide such adaitional information as may be
required.
21. AMENDMEN,rs :
The CITY may, at its discretion, amend the 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.
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 and year first above: written.
-8-
84- 556
ATTEST:
Ralph Ongie
City Clerk
j
ATTEST:
SECRETARY
APPROVED AS TO FORM AND CORRECTNESS:
Jose Garcia -Pedrosa
City Attorney
APPROVED AS TO INSURANCE REQUIREMENTS:
Department of Risk Management
-9-
CITY OF MIAMI, a
municipal corporation of
the State of Florida
By
Howard V. Gary
City Manager
GRANTEE:
Maximo Sorondo, on behalf
of Asociacion
Internacional de Amigos
de el Salvador
By.
PRESIDENT
Seal
s
84'-551S
r ' EXHIBIT .1
SPECIAL FUNDING REQUEST
DATE:
Name of Event, Project or Program: Semana de Solidarid.ad`t4undial
Con El Salvador
Date of Event, Project or Program: 22 de Mar.o de 1984.
Name d f, Organization: Asrxiacion Internacional de Amigos del Salvador
Name of Contact Person: Dr. T",aximo R. Sorondo, a nombre de la
Comision Organi_zadorn
Telephone: Work: 4J ��_ Home: R
Mailing Address: Suite-_, 1i_am Fla. 33135
Brief description of program/event (including number of people
expected to participate or attend program):
R-znnr,, n, nn ora a avar c cti_ fora Occidental v 1.a democracia
en anovo al evento electoral de la Renublica de El Salvador.
ASISTE11CIA FIiI3I,IC;A ES3FFRADA: 750 esnectadores
Benefits to't.hc. City (quantify where possible):
Identifi_cacion v coincidencia de diferentes 1-,ruoos de la comunidad
Exaltacion de los valores civicos ciudadanos
Imnortanci_a. de la ciudad de Pdiami como vinculo cultural y comer-
cial con las Americas.
Support Requested:
Cash Grant: $ --
In -Kind Services (specify type of service and $ value as
determined or estimated by the providing department):
Fee Waiver $ Amount: $145.00 Facility Manuel Artime Camnmity Center
Date (s) 3/22/84
Total $ Requested from City: —
Has City Provided support in previous years? Yes No X
If yes, plus:, 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 snort-, a col)y of an audit reflecting the expenditure of
those fur;ds t:;ust also be provided. Also, specify past City
support and date(s) of event or activity.
8 j5�
Have you requested and/or received funds from other governmental
entities? Yes No
List all Funding Sources
Applied to:
NONE
N/A
a
Amount ( Intl i.cst:e if
received, ^t•i 1.1
pending , or rejected)
NONE
N/A
Please indicate what measures will be taken to insure adequate
financial controls and accounting of funds:
Este orr(-too coeva relation economi_ca a7_gunar La Publici-
dad v to ota-a colaboraci-ori economics es ofrecida esnontaneamen-
to sin rnmuncracion alr�una.
Please attach the following information relative to your
organization to this application:
1 ) State Charter;
2) Tay: Exeu);-,t: Certification;
3) llar.u,!ient,ti_on of internal financial controls and letter
from c cI., .j.fj (?d public accountant verifying accounting
sy.sftcmt: 'iIld int"ernal Controls;
4) A co1)y of t;lye pre jetted line item budget refl;ecti.ng
er.per di tllr(and a►-,ticj.p<<tcd revenues for project/event;
and
5) If this is not a one time event, please attach a copy of
the organizat:ion's annual budget indicating all sources
of funding
Please describe organization's capability to accomplish
program/event:
La Comision Orr'anizadora de la Semana de Solidaridad %lundial con
I
E1 Salvador, convocada nor AIDADES (Asociacion International de
Amigos de El Salvador) incluye renresentantes de numerosos medios
de comunicaci.on, asi corno represe.-tantes de numerosas orr-anizacio-
nes civicas, nol.iticas, culturales, etc.
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 commit►nents approved by the City
Commission. Furt,hei,more, 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:
C0110 RE"III DI" LA C0114ISION ORGAN IZADORA; Dr. Maximo Sorondo
PRESIDENT ul C0IP0hATI0N
-2/7Z'-
E 0RG I ZA I ,t
t 84
"I
- f
aTJRZCORPORAT
C"__
rc
Rental of Manuel Artime Community Center by
Maximo Sorondo, a representative of the
Asociacio I naeconfeorencedon Marnal
Amioch 221 1984.
Salvador for
y
EXHIBIT 2
$145.00