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Home My WebLink AboutR-84-0408J-84-283 4/4/84 rr/D-5 M84-19 1/19/84 RESOLUTION NO. 84-406 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $6,960 FROM SPECIAL PROGRAMS AND ACCOUNTS, QUALITY OF LIFE FUND, TO THE LATIN CHAMBER OF COMMERCE OF THE UNITED STATES (CAMACOL), REPRESENTING EIGHT DAYS RENTAL OF THE ORANGE BOWL PARKING LOT FOR ITS FESTIVAL ON FEBRUARY 2, 3, 4, 5, 9, 10, 11 and 12. 1984; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, SUBJECT TO THE CITY ATTORNEYS APPROVAL AS TO FORM AND CORRECTNESS, WITH CAMACOL; SAID ALLOCATION BEING CONDITIONED UPON COMPLIANCE WITH ADMINISTRATIVE POLICY NO. APM-1-84, DATED JANUARY 24, 1984. WHEREAS, the City of Miami has previously sponsored the annual Latin Chamber of Commerce of the United States (CAMACOL) Festival; and WHEREAS, the City Commission, by Motion No. 84-19 on January 19, 1984, expressed its intent to grant CAMACOL an amount equal to eight days rental of the Orange Bowl Parking Lot for its Festival; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. An amount not to exceed $6,960 is hereby allocated from Special Programs and Accounts, Quality of Life Fund, to the Latin Chamber of Commerce of the United States (CAMACOL), representing eight days rental of the Orange Bowl Parking Lot for its Festival on February 2, 3, 4, 5, 9, 10 11 and 12, 1984. Section 2. The City Manager is hereby authorized to execute an agreement, subject to the City Attorney's approval as to form and correctness, with CAMACOL in connection with said Festival. CITY CdPdmissio,I T MEETMG op AF}R 5 1954 IOL14, 1 Section 3. The herein allocation is conditioned upon compliance with City of Miami Administrative Policy No. APM-1-84, dated January 24, 1984. PASSED AND ADOPTED this 5th day of April , 1984. Maurice A. Ferre 0 ATTEST: lam/ � ' C:5.1 , CITY CLEgX PREPARED AND APPROVED BY: ROBER1 F. CU-ATZR— DEPUTY CITY ATTORNEY APPROVED AS TO FORH AND CORRECTNESS: A, TTORNEY 10 CITY Or' *„1AP:!t rt_n Mt,:1 lNTER•f?F'�'IC:.�' in�r�c?��.�'-ii_�1_tP!� COMMISS T.ON ACTION TO: Howard V. Gary VATE: March 19, 1984 FILE: City Manager SUBJECT: Resolution allocating $6,960 for CAMACOL, as per Motion it�i' ��✓1^� No. 8 4 -19 _ FROM: Carl Fern REFERENCES: April 5, 1984 City Commission Acting Director Agenda Department of Parks ENCLOSURE6: -_ and Recreation "It is recommended that $6,960 be allocated CAMACOL'S Festival from Special Programs and Accounts, Quality of Life Fund, for the rental of the Orange Bowl Parking Lots for eight days; per the attached resolution." The City Commission, by Motion No. 84-19 on January 19, 1984, ex- pressed their intent to grant CAMACOL an amount equal to eight days' rental of the Orange Bowl Parking Lot for its festival. CAMACOL held the festival on February 2-5 and 9-12, 1984, but was charged for eleven days use of the parking lot as equipment was located on the site for that period of time. Subsequently, CAMACOL submitted a request for $9,570 for the eleven day rental.. The Department of Parks and Recreation recommends that Motion No. 84-19 be ratified per the attached resolution and that CAMACOL'S request for additional funding be denied. #,ar f .-, " / Enclosure u 84-40S 1 5u CITY OF'MIAM1. FLORIDA INTEROFFICE MEMORANDUM COMMISSION ACTION To: Howard V . Gary OTC: March 19, 1984 FILF- City Manager SUBJECT: Resolution allocating $6,960 - for CAMACOL, as per Motion No. 8 4 -19 FROM: Carl. Kern REFERENCES: April 5, 1984 City Coritmission Acting Director Agenda Department of Parks ENCLOSURES: and Recreation "It is recommended that $6,960 be allocated CAMACOL'S Festival from Special Programs and Accounts, Quality of Life Fund, for the rental of the Orange Bowl Parking Lots for eight days; per the attached resolution." The City Commission, by motion Igo. 84--1.9 on JanLiary 19, 1984, ex- pressed their intent to grant CIM1ACOL an amount equal to eight days' rental of the Ota.nge Be3c-;]. Parlcinct loot for its festival. CAMACOL held the festi.va.1 oj) Fc hruary 2-5 arid 9-1.2 , 3.984, but was charged for eleven days use of the perking lot as eclui-pMe5nt was located on the site for that period of time. Subsequently, CAMACOL submitted a request for $9,570 for the eleven day rental. The Department of Parks and Recreation recommends that Motion No. 84-19 be ratified per the attached resolution and that CAMACOL'S request for additional funding be denied. #ar Enclosure AGREEMENT This agreement entered into this day of , 19840 by and between the City of Miami., a municipal corporation of Dade County, Florida, hereinafter referred to as "CITY" and CAMACOL, hereinafter referred to as "GRANTEE." WITNESSETH• WHEREAS, CAMACOL requested financial support from the City of Miami to stage an eight day festival in the Orange Bowl parking lots on February 2, 31 4, 5, 91 10, 11, 12, 1984; and WHEREAS, the City Commission, by Resolution No. of April 5, 1984, allocated an amount not to exceed $6960 to CAMACOL for the rental of the Orange Bowl parking lots for the eight day event; and WHEREAS, the GRANTEE will pay all other costs associated with staging the festival NOW, THEREFORE, the City Of Miami and CAMACOL do mutually agree as follows: 1. That the entire whereas section of this document shall become an integral part of this agreement. 2. TERM This Agreement shall commence February 2, 1984, for the purpose of providing services stipulated in Paragraph 3 of this Agreement and shall terminate on February 12, 1984. 3. GRANTEE AGREES: a) The GRANTEE shall provide a festival on February 2, 3, 4, 5, 9, 10, 11, 12, 1984, in the Orange Bowl parking lots. b) The GRANTEE shall enter a use agreement with the City of Miami for the Orange Bowl parking lots. e) The GRANTEE shall comply with the covenants and requirements stipulated in .said use agreement d) The GRANTEE shall pay for all other costs associated with staging the festival in the Orange Bowl parking lots. 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. f) The GRANTEE shall facilitate the monitoring of this event by assisting the City employee(s) assigned to,this activity. 4. CITY AGREES a) The CITY shall, as compensation for the services outlined pursuant to Paragraph 3 hereof, allocate the amount of $6960. b) Said compensation shall be paid upon presentation of original paid bills within 30 days after the execution of this Agreement. c) The GRANTEE and the CITY hereby agree that the maximum amount payable under this contract shall not exceed $6960. 5. 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 2 _ 84-40h 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 GRANTEE is in default, pursuant to the terms of Paragraph 15 or any other provisions of this Agreement, the the CITY shall in no way be obligated and shall not pay.to the GRANTEE any sum whatsoever. 6. 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 wail, on the fifth day after being posted or the date of actual receipt, whichever is car•lier. CA14ACOL - 11117 West. i"lagler Street 1-4i.ami., I° I a r i d a 33135 CITY OF MIAMI - 2600 South Hayshore 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. 7. 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, brokerage fee, or gifts of any kind contingent upon or resulting from the award of making this Agreement. - 3 - The GRANTEE is aware of the conflict of interest laws of the City of Miami (Miami City Code Chapter 2, Article U), 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. 8. NON-DELEGADILITY 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. 9. 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. 10. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. 11. AUDIT RIGHTS a) The GRANTEE shall provide the CITY with a letter from an independent Certified Public Accountant (C.P.A.) which establishes that the GRANTEE'S 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 final payment is made under this Agreement. 4 - 84-408 t 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 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 I1anager or his designee no later than 90 days after the termination of this Agreement or final receipt of CITY funds, whichever is applicable. 12. 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 cntei;ed, 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. 13. CONFLICT OF INTEREST The GRANTEE 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. — 5 — 14. 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 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. 15. 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. 16. 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. 17. 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 condition: 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 i 18. CONTINGENCY CLAUSE Funding for this Agreement is contingent 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. 19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS 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 112614; Section 3 of the t Housing and Urban Development Act of 1968; as amended. a 20. BONDING AND INSURANCE ja) During the term of this Agreement, the GRANTEE shall maintain --' j bonding and insurance coverages in the amounts as determined by the Risk flanagement 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 11 activities under this Agreement. _i 21. ASSURANCES AND CERTIFICATIONS The GRANTEE assures and certifies that: x 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. 7 84-•406 o) 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 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, author•izi.cIE, tale execution of this Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official rel)rrsentative of the GRANTEE to act in connection with the GRANTEE and to provide such additional information as may be required. 22. 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. 84-40►�-. 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. ATTEST: Ralph Ongie, City Clerk ATTEST: SECRETARY APPROVED AS TO FORM AND CORRECTNESS: Jose Garcia --Pedrosa, City Attorney APPROVED AS TO INSURANCE REQUIREMENTS: Division of Risk Management CITY OF MIAMI, a municipal corporation of the State of Florida By Howard V. Gary, City Manager GRANTEE: CAMACOL By PRESIDENT SEAL 84-40f