HomeMy WebLinkAboutR-84-0254r r
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RES(ILU1 ION NO."'ti:)� ,
A RFSOLUIION AUTHORIZING THE CITY MANAGER
TO EXECUTE A PROFESSIONAL SERVICES
AGRFEMENI, SURSIANI I A L L Y Iv 111E FORM
AT I ACHED AND SUBJI_C T TU THE APPROVAL 01-
THE CITY ATTORNEY, WITH CERTAIN FESTIVAL
AND EVENT CUMMITTEES AND ORGANIZAIIONS
REGARDING TERMS AND CONDITIONS UNDER
WHICH THE CITY WILL PROVIDE CAS11 AND
IN - KIND CONTRIBUTIONS AND SUBSEQUENT
MONITORING AND EVALUATION OF SAID
COMMITTFES AND ORGANIZATIONS.
WHEREAS, Resolution No. 84-166, wan adopted February 9,
1984, aIIncatinq funds as recommended by the C i t v ' s Festival
Advisory Committee and amended by the City Commission in
connection with the City's sponsorship of certain Festivals
and events; and
WHEREAS, the City desires to enter into Professional
Services Aqreements with committees and organizations
regardinq each festival and event pursuant to City Commission
authorization where such fund inq allocation exceeds $4,500;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to
execute a Professional Services Agreement, substantially in
the attached form and subject to the approval of the City
Attorney, with festival and/or event committees and
organizations regarding the City's cash and in - kind
contributions for each of the following festivals and/or
events and providing for subsequent monitoring and evaluation
of said committees and organizations: (1) Haitian Cultural
Festival/Haitian Carnival, (2) Miami Billfish Tournament,
( 3 ) Coconut Grove Festival, (4) Latin Orange Festival
Council, (5) Miami/Bahamas Goombay Festival, (6) Little
Havana Tourist Authority, (7) Kiwanis Club of Little Havana,
CITY COMMISS pI
MEETING OF
14A R 8 1984
RESOU-Iii-, 84_254
REW)RKS
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r
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H 1 St . Pat r ick's Day Parade, ( 9 ) Reenctient ro Cubano,
(10) t_iherty Square Community Festival, and (11) Milwaukee
Festival.
PASSED AND ADOPTED this 8th day nf �Mar_ch , 1984.
Maurice A. Ferre
ATTEST:
L ONGI , L L
PREPARED AND APPROVED BY:
<W4.sa ;?, &moo-�,
DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
r `
ITY ATTORNEY
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84-254
AGREEMENT BETWEEN THE CITY OF MIAMI AND
This Agreement entered into this day of
, 1984, by and between the City of Miami, a
municipal corporation of Dade County, Florida, hereinafter re-
ferred to as "CITY" and , hereinafter
referred to as "GRANTEE."
W I T N E S S E T H:
WHEREAS,
WHEREAS,
NOW, THEREFORE, the City of Miami and do
mutually agree as follows:
1. TERM:
This Agreement shall commence for the purpose
of providing and shall terminate on
2. GRANTEE AGREES:
a) The GRANTEE shall
b) The GRANTEE shall
c) The GRANTEE shall
3. COMPENSATION
a) The CITY shall pay the GRANTEE, as compensation for the
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services outlined pursuant to Paragraph 2 hereof, the amount of $
b) Said compensation shall be
c) The GRANTEE and the CITY hereby agree that the maximum
amount payable under this contract shall not exceed $
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 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
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 tele-
graph 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
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served; or if by mail, on the fifth day after being posted or
the date of actual receipt, whichever is earlier.
GRANTEE'S name and address:
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, the
terms in this Agreement shall rule.
6. AWARD OF AGREEMENT:
The GRANTEES warrant 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 respect with the
terms of said lawws.
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
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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, statututes 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:
i) 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 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.
c) The CITY will audit all GRANTEES receiving $15,000 or more.
d) All GRANTEES receiving $2S,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.
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84-254
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 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
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
presently exercises 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.
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 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.
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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 termi-
nate this Agreement, and said Agreement shall be null and void of
no 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 relinquishingin the future any such
covenants or conditions but the same shall continue and remain in
full force and effect.
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.
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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. 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 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
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.
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84-254
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 execution of this Agreement, including all
understandings and assurances contained 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.
21. AMENDMENTS:
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.
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ATTEST:
ATTEST:
Ralph Ongie
City Clerk
SECRETARY
CITY OF MIAMI, a
municipal corporation
of the State of Florida
APPROVED AS TO FORM AND CORRECTNESS:
Jose R. Garcia -Pedrosa •
City Attorney
By
Howard V. Gary
City Manager
GRANTEE:
(Corporation Name)
By
PRESIDENT
SEAL
APPROVED AS TO INSURANCE REQUIREMENTS:
Department of Risk Management
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33
C.OAMISSION ACTION
TO: Howard V . Gary
City :Manager
CITY OF MIAMI. FLORIDA
INTEROFFICE MEMORANDUM
DATE: February 24, 1984 FILE:
SUBJECT: Resolution Authorizing Professional
Service Agreements with Various
Ai9tly-
Festival/Event Committees
FROM: Carl Kern REFERENCES:
Acting Director
Department of Parks ENCLOSURES:
and Recreation
0
"It is recommended that the Citv Manager
be authorized to execute Professional
Services Agreements, substantially in the
form herein attached, with those festivals
and event committees whose City contribu-
tion exceeds $4,500, pursuant to the ap-
proved funding recommendations of the
City's Festival Advisory Committee via
Resolution 84-166, adopted February 9,
1984, establishing terms and conditions
under which the City will provide said
assistance and subsequent monitoring and
evaluation of respective events, as per
the attached resolution.
Resolution No. 84-166, adopted February 9, 1984, approved funding allo-
cations as recommended by the City's Festival Advisory Committee in
connection with the City's sponsorship of certain festivals and events.
In order to establish controls regarding the terms and conditions
under which the City's assistance will be provided and subsequent
monitoring and evaluation of respective events, it is recommended that
the City enter into Professional Services Agreements with each com-
mittee.
Present guidelines require all such agreements exceeding $4,500, be
authorized by the City Commission. It is, therefore, recommended
that the City Manager be authorized to execute professional services
agreement with the following festival and/or event committees:
1)
The
Haitian Cultural Festival/Haitian Carnival, $19,000
2)
The
Miami Billfish Tournament, $5,000 cash/$5,000 in -kind services
3)
The
Coconut Grove Festival, $15,000
4)
The
Latin Orange Festival Council, $20,000
5)
The
Miami Bahamas Goombay Festival, $46,000
6)
The
Little Havana Tourist Authority, $25,000
7)
The
Kiwanis Club of Little Havana, $20,000
L
84-'254
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Howard V. Gary Resolution Authorizing
City Manager Professional Service
February 24, 1984 Agreements with Various
Page 2 Festival/Event Committees
8) The St. Patrick's Day Parade, $15,000
9) The Reencuentro Cubano, $15,000
10) The Liberty Square Community Festival, $10,000
11) The Milwaukee Festival, $25,000/$25,000 seed.
KDH/mg
Encl.
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M83-1140.1
12/8/83
RESOLUTION NO. 84--166
A RESOLUTION ACCEPTING AND APPROVING THE
FUNDING RECOMMENDATIONS SUBMITTED BY THE
CHAIRMAN OF THE CITY'S FESTIVAL ADVISORY
COMMITTEE IN CONNECTION WITH THE CITY'S
SPONSORSHIP OF CERTAIN FESTIVALS AND
EVENTS; FURTHER CONDITIONALLY ALLOCATING
FUNDS IN AN AMOUNT NOT TO EXCEED $250,000
FROM THE GENERAL FUND, SPECIAL PROGRAMS
AND ACCOUNTS, IN SUPPORT OF SAID
FESTIVALS AND EVENTS.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The funding recommendations submitted by the
Chairman of the City's Festival Advisory Committee in
connection with the City's sponsorship of certain festivals
and events is hereby accepted and approved.
Section 2. Funds in an amount not to exceed $250,000
are hereby conditionally allocated from the General Fund,
Special Programs and Accounts, in support of the following
City -sponsored festivals and events:
( 1 ) The Haitian Cultural Festival is to be
consolidated with and merged into the Haitian Carnival, for a
total of $19,000 funding.
(2) The Miami Billfish Tournament is to be
funded for $5,000 in cash and $5,000 in in -kind services such
as were rendered last year (e.g., a weigh-in station, etc.).
(3) The Coconut Grove Festival is to be
funded for an amount not to exceed $15,000.
(4) The Latin Orange Festival Council is to
be funded for an amount not to exceed $20,000.
(5) The Chopin Foundation is to be funded for
an amount not to exceed $3,000.
�ji z c;vt+�ISSION
MEETING OF
FE B 9 1984
11J. 84-166
84-254
(6) One Art Ballet, Inc. is to be funded for
an amount not to exceed $3,000.
(7) The RAS Community Theatre, Inc. is to be
funded for an amount not to exceed $3,000.
(8) Tigertail Productions, Inc. is to be
funded for an amount not to exceed $2,000.
(9) The Miami/Bahamas Goombay Festival is to
be funded for an amount not to exceed $46,000.
(10) The International Oceanographic
Foundation is to be funded in an amount not to exceed $2,000.
( 1 1 ) The Little Havana Tourist Authority is
to be funded for an amount not to exceed $25,000.
(12) The Kiwanis Club of Little Havana is to
be funded for an amount not to exceed $20,000.
( 1 3 ) The St. Patrick's Day Parade is to be
funded for an amount not to exceed $15,000.
(14) The Reencuentro Cubano is to be funded
for an amount not to exceed $15,000.
(15) The Liberty Square Community Festival is
to be funded for an amount not to exceed $10,000.
NOTE: Subject to the herein allocations and to future
City Commission approval prior to expenditure,
an amount not to exceed $25,000 is hereby
approved and allocated to be held in reserve as
seed money for the Milwaukee Festival (proposed
food festival to be held in Coconut Grove) to
determine if such a project can be organized;
if said project is established, the Festival
may be further funded in the amount of an
additional $259000 as seed money only and all
sums approved herein or allocated for said
Festival shall not be considered as a grant.
PASSED AND ADOPTED this 9th day of February , 1984.
Maurice A. Ferre
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84--254
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PREPARED AND APPROVED BY:
x4 T .ARK
DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
C Y ATTORNEY
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