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HomeMy WebLinkAboutR-84-0411J--84--241 fillRESOLUTION NO. —� A RESOLUTION ALLOCATING A SUM NOT TO EXCEED $4,500 FROM SPECIAL PROGRAMS AND ACCOUNTS, QUALITY OF LIFE FUND IN CONNECTION WITH THE CITY'S SPONSORSHIP OF THE UNITED STATES KARATE ASSOCIATION'S WORLD KARATE CHAMPION- SHIP TO BE HELD JUNE 23 AND 24, 1984, AUTHO- RIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH THE UNITED STATES KARATE ASSOCIATION, SAID AL- LOCATION BEING CONDITIONED UPON COMPLIANCE WITH CITY OF MIAMI ADMINISTRATIVE POLICY NO. APM 1-84 DATED JANUARY 24, 1984. WHEREAS, the City of Miami has previously sponsored the United States Karate Association's World Karate Championship in June 1983; and WHEREAS, the economic impact and publicity of this event will greatly benefit the City of Miami; NOW, THEREFORE,BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. A sum not to exceed $4,500 is hereby allocated from Special Programs and Accounts, Quality of Life Fund, in con- nection with the City's sponsorship of the June 23, 24, 1.984, United States Karate Association's World Karate Championship. Section 2. The herein allocation is earmarked for the pur- chase of trophies in connection with said event. Section 3. The City Manager is hereby authorized to enter into a professional services agreement with the United States Karate Association in reference to this event. Section 4. The herein allocation is conditioned upon com- pliance with City of Miami Administrative Policy No. APM 1-84 dated January 24, 1984. PASSED AND ADOPTED this 5th day of April , 1984. ATTEST: 1�7C Ralp G. Ongie, City Cle APPROVED AS TO FOI 1t :iND CORRECTNESS: e R. Garcia -Pedrosa ity Attorney Maurice A. Ferre MAURICE A. FERRE M A Y O R 0 PRE D AND APP Ov Y: o rt F. Clark Deputy City At - -- CI`P Cc7I'tti2ISI� I�'IT r^ AGREEMENT This agreement entered Into this --,--,—.day of_____ , 19847 by and between the City of Miami, a muni_ei.pal corporation of Dade County, Florida, hereinafter referred to as "CITY" and the United States Karate Association, hereinafter referred to as "GRANTEE". WITNESSETH: WHEREAS, the Karate World Competition will be held at the Omni Hotel, on June 23, 24, 1984, with over 1,600 athletes competing with an expected economic impact on the City of 2.5 million; and WHEREAS, the City of Miami in 1983 co -sponsored this event by providing trophies in an amount not to exceed $4,500. WHEREAS, the City Commission by Resolution No. 84- on April 5, 1984, allocated an amount not to exceed $4,500 to the U.S. Karate Association from Special Programs and Accounts, Quality of Life Fund, for the purchase of ® trophies, in connection Frith the World Karate Championships. NOW, THEREFORE, the City of 11iam-' and the United States ±i Karate Association, 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 June 23, 1984, for the purpose of providing the services stipulated on Paragraph 3 of this agreement and shall terminate on June 24, 1984. 3. GRANTEE AGREES a) To hold a World Karate Championship for over 1,600 athletes including two of the highest ranking Japanese Karate athletes as participants in Miami. b) To hold this event at the Omni International Hotel during the 23rd and 24th days of June, 1984. 4. COMPENSATIO14 a) The CITY shall pay the GRANTEE, as compensation for the services outlined pursuant to Paragraph 3 hereof, the amount of 1 84-411. AGREEMENT 1 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 the United States Karate Association, hereinafter referred to as "GRANTEE". WITNESSETH: WHEREAS, the Karate World Competition will be held at the Omni Hotel, on June 23, 24, 1984, with over 1,600 athletes competing with an expected economic impact on the City of 2.5 million; and WHEREAS, the City of Miami in 1983 co -sponsored this event by providing trophies in an amount not to exceed $4,500. WHEREAS, the City Commission by Resolution No. 84- on April 5, 1984, allocated an amount not to exceed $4,500 to the U.S. Karate Association from Special Programs and Accounts, Quality of Life Fund, for the purchase of trophies, in connection ui tEl the 1,,'orld Karate (:ijairnpionships. NOW, TI]EfiFFORE, the City of Miami. and the United States Karate Association, 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 June 23, 1984, for the purpose of providing the services stipulated on Paragraph 3 of this agreement and shall terminate on June 24, 1984. 3• GRANTEE AGREES a) To hold a World Karate Championship for over 1,600 athletes including two of the highest ranking Japanese Karate athletes as participants in Miami. b) To hold this event at the Omni International Hotel during the 23rd and 24th days of June, 1984. 4. COMPENSATION a) The CITY shall pay the GRANTEE, as compensation for the services outlined pursuant to Paragraph 3 hereof, the amount of 1 $4,500. P-ar'mnr!fed only for the Purr)nre of trophies in connection with said World Karate C}�ampi.nnshi p_ b) Said compensation shall be paid upon presentation of original paid bill-.-, on or before .Tune 24, 1984. c. The GRANTEE and the CITY hereby agree that the maximum amount payable tinder this contract shall not exceed $4,500. 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 that any payments made in accordance with this Section to the GRANTEE shall be made only if said GRANTEE is not in default, pursuant to the terms of Paragraph 15 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. 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 mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. UNITED STATES KARATE ASSOCIATION P.O. Box 493 North Miami Beach, Florida 33160 CITY OF MIAMI - 2600 South Bayshore Drive Miami, Florida 33133 b) Titles and paragraph headings are for convenient 2 z 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 they have not employed or retained any person employed by the CITY to solicit or secure this Agreement and that they have 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. 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 respects with the terms of said laws. 8. 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. 9. CONSTRUCTION OF AGREEIIENT 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 x' -- o 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. more. c) The CITY will audit all GRANTEES receiving $15,000 or 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 Manager 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, judgments 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. 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 4 84-411 N promulgated by federal, 'Mate or ).deal. government. 14. JNDEPINDENT CONTRACTOR The GRANTE,F and i.t.s 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 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 full force and effect. 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. C019Pt.,7A' ;:E 1-77Tij € FF)FRA1 �. STAP F:; AN7F) I 0 �7 ;,.�?� Both P—irtf.i ^.^ 7hP1. 1 cnmpl.y 1•1i 1,h 11.1. = ot)I i r,-- hI r� Iaws, ordinance; and cC)ae:' of Federal., ::Mate ;4nd 1..o(,a1. Fovernment,s. Specifically, the GRANTEE agrees to comply wi_ih Tltln VT of the Civil Rights Act, of 1964; Title V1,T.1 of the Civil, Right;w Act of 1968; Executive Order 11063: Executive Order 112614; Section 3 of the Housing and Urban Development Act of 1968; as amended. 20. 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. 21. 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 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 6 84-411 19. COMPt_,TANCF 14TTH FEDERAL.,, STATE AND LOCAL AI LAWS Both parties shall. comply With all. app1i0F1b1-P laws, ordinances and codes of Federal, State and L.oca1, 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. 20. 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. 21. 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 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 6 84-411. 4` adopterl or p-iF;sed is ?n offi Pi.aa_ a.r't of i..hrGf?IIN T i' € ;S governing body, iuthorizing, fi,he e _e aai.i.caa of �.hi.n Agreement, ine-ludi.n, all understandings and assurances eontai_n?d 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. 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. 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: j Jose Garcia -Pedrosa, City Attorney CITY OF MIAMI, a municipal corporation of the State of Florida By Howard V. Gary, City Manager GRANTEE: UNITED STATES KARATE ASSOCIATION By PRESIDENT SEAL 7 g 84-41 CITY OF NOMPA COMMISSION ACTION TO: Howard V . Gary City Manager Fnom: Carl Kern Acting Director Department of Parks and Recreation INTER-OFFICF tlEt1C?F?EeF DI-Irl, .i DATE: March 7, 1984 SUBJECT: World Karate Championship United States Karate A',sbc.. Request for Trophies Spqnsorship. n EFERENCE9. ENCLOSURES: Two - It is recommended that $4,500 be allocated from Special Programs and Accounts, duality of Life Fund for trophies for the United States Karate Association, conditioned upon compliance with City of Miami Administrative Policy No. APM 1-84, dated January 24, 1984, per the attached resolution. The United States Karate Association will again be presenting the World Karate Championship in Miami on June 23 and 24, 1984, at the Omni International. Two of Japan's highest ranking karate experts will be present as well as several Japanese movie stars. Last year, this event, with the assistance of a $4,500 grant from the City of Miami, dre%,; over 1,600 athletes from around the world and generated an estimated $2.5 million in business. The Park and Recreation Department recommends that this event again be funded by the City of Miami per the attached resolution. SM/ar Enclosure 84-4.11.