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HomeMy WebLinkAboutR-82-1146J-82-155 Q RESOLUTION NO. 82-114 ) A RESOLUTION RATIFYING, APPROVING AND CONFIRM- ING THE ACTION OF THE CITY MANAGER IN EXECUTING THE ATTACHED PROFESSIONAL SERVICES AGREEMENT WITH RICHARD B. BORROW TO PROVIDE THE CITY WITH INTERIM CONSULTING SERVICES REGARDING THE 1V SALES TAX ISSUE SCHEDULED FOR THE DECEMBER 14, 1982 REFERENDUM TO INCLUDE ASSISTING THE CITY MANAGER WITH TECHNICAL ADVICE ON MATTERS RELAT- ING TO SPORTS FACILITIES AND THE 1V SALES TAX TO FINANCE SUCH FACILITIES, SAID AGREEMENT PROVIDING FOR THE INCLUSION OF THE SERVICES OF STAFF MEMBERS PREVIOUSLY SERVING IN THE OFFICE OF THE FORMER SOUTH FLORIDA REGIONAL SPORTS AUTHORITY, WITH FUNDS THEREFOR ALLOCAT- ED IN AN AMOUNT NOT TO EXCEED $40,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND. WHEREAS, on June 30, 1.982, Chapter 82-394 of the Laws of Florida was enacted establishing a method for funding local sports, arts and recreational facilities; and WHEREAS, said law provides that a 1¢ sales tax for not more than one year may be levied locally for such purpose if approved by the voters; and WHEREAS, said law provides that if a county -wide vote to levy such a sales tax fails to receive voter approval then the most populous city is authorized to call for an election to approve a municipal 1d sales tax to construct such facilities in the municipality; and WHEREAS, the County Sports Authority hired Richard B. Borrow as its Executive Director; and WHEREAS, Richard B. Borrow has provided leadership and knowledge in the process of investigating the sports facili- ties plans that might be applicable to this community; and h'IIEREAS, the Dade County 1¢ Sales Tax issue at the Novem- ber 2, 1982 election failed to pass; and WJIERI:AS, the City of Miami will place the 1¢ sales tax on the December 14, 1982 Ballot for voter approval; and WHEREAS, the City of Miami needs the expertise, experience and advice that Richard B. Borrow can provide; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: CITY COMMISSION MEETING 06 DEC 819a 14 NawmN 4 N Section 1. The action of the City Manager in execut- ing the attached Professional Services Agreement with Richard B. Borrow, to provide the City with interim con- _ sulting services regarding the ld Sales Tax issue scheduled for the December 14, 1982 Referendum to include assisting the City Manager with technical advice on matters relating to sports facilities and the 10 Sales Tax to finance such facilities, is hereby ratified, approved and confirmed with said agreement providing for the inclusion of the services of two staff members previously serving in the Office of the former South Florida Regional Sports Authority. Section 2. An amount not to exceed $40,000 is hereby allocated from Special Programs and Accounts, Contingent Fund, to pay the cost of said consulting services. PASSED AND ADOPTED this 9 day of DECEMBER ATTEST: RALPH G. ONGIE, CITY C K PREPARED AND APPROVED BY: - Aca'j -:I•&"cp- ROBERT F. CLARK DEPUTY CITY ATTORNEY - APPROVED AS TO FORM AND CORRECTNESS: SE R. GARCIA-PEDROSA TY ATTORNEY -2- MAURICE A. FERRE M A Y 0 R , 1982. 82-1146 i V. 29 TO Honorable Mayor and Members of the City Commission Fk:.. Howard V. Gary City Manager CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM DATE November 24, 1982 FILE 5UBJE:- Authorizing Commission Ratification of an Interim Consulting Agreement with Rick Horrow Relating to the December 14, 1982 Sports Facility Election. EtiZLOSURES Resolution. "It is recommended that the attached Resolution, ratifying,approving and confirming the action of the City Manager in executing the attached Professional Services Agreement with Richard B. Horrow to provide the City with interim consulting services regarding the 1(� Sales Tax issue scheduled for December 14, 1982, Referendum, be presented to the City Commission for consideration. When the Agreement between the Dade County Commission and the Broward County Commission to co-sponsor the South Florida Regional Sports Authority was dissolved, the Dade County Commission decided not to replace it with a Dade County Sports Authority. The South Florida Regional Sports Authority was funded by Category IV - Tourist Development Room Tax Plan Revenue - in the amount of $347,280, to be evenly split between both Dade and Broward counties. At the time of dissolution of the Regional Sports Authority, the Dade County Commission passed a Resolution allocating the entire $347,280 from Category IV - Tourist Development Room Tax Plan Revenue - to fund the activities of the Sports Authority during the fiscal year 1982-83 upon the creation of a Metropolitan Dade County Sports Authority. The County Commission has extended the funding of the existing Sports Authority staff through November 16, 1982. The attached Resolution will provide for interim consulting services of the Executive Director, Richard Horrow, and funding two existing employees, in order to provide the City of Miami with the necessary technical support that will be needed in the development of information for this election issue. The allocation of $40,000 will cover the staff expenses for a two month period beginning on November 17, 1982. Without this funding, the Sports Authority staff salaries and expenses could not be paid. The City will request the use of Tourist Development Room Tax Plan Revenues in cooperation with Dade County, once a determination is made on the Sports Authority's long-term role. 82-114f AGREEMENT This Professional Services Agreement is entered into this 15th day of November, 1982, by and between the City of Miami, a municipal corporation of the State of Florida, (hereinafter refer- red to as the CITY), and Richard B. Horrow, (hereinafter referred to as Horrow). As Executive Director of the Dade County Sports Authority and the South Florida Sports Authority, Richard B. Horrow has investigated national sports facility plans, and has coordinated the generation of specific plans for this community. On November 10, 1982, the City of Miami Commission approved an Ordinance creating the Miami Sports Authority. The Ordinance requires that the Authority "shall promote sports to the greatest extent feasible and ... shall strive to generate and further community support to achieve this purpose." Consistent with this goal, Richard B. Horrow and the City. hereby enter into a Professional Services Agreement to provide interim consulting services. Richard B. Horror agrees that he and his staff of two employees will work directly with and under the supervision and control of the City Manager to provide the.City of Miami with necessary technical information and sup- port regarding sports, arts, and recreation centers during the "transition period" between the termination of the South Florida Sports Authority and the final effedtive date of the Miami Sports Authority. Scope of services shall include evaluation of various facility proposals and alternatives; continued contact with appropriate representatives regarding amateur and professional sports in,the area, dissemination of information, and other technical assistance as directed by the City Manager. The City agrees to compensate Richard B. Horrow during the period of November 17, 1962 through January 17, 1983 by payment of the sum of $40,000, which sum shall include Horrow's staff compensation and office -related expenses based on a budget submitted to and approved by the City Manager. Though Richard B. Horrow will continue to provide assistance through any remainder of the "transition period", further compensation may be provided, but only upon approval by the City Commission. 82-1146 • t . The CITY reserves the right to audit the records of Horrow at any time during the performance of this Agreement and for a period of one year after final payment is made under this Agreement. For the purpose of this Agreement, Horrow 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 Pen- sion Ordinance of the CITY, or any rights generally afforded classified or unclassified employees; further he shall not be deemed entitled to Florida Workmen's Compensation benefits as an employee of the CITY. That this contract may be altered, extended and amended only upon the written consent of both parties hereto. Its 1VITNESS WHEREOF, the parties hereto have caused these presents to be executed by the respective officials thereunto duly authorized, this the day and year first above written. Witnesses: APPROVED AS TO FOR1,1 AND CORRECTUESS : /C '� ` w JOSE R. RCIA-FE CITY ATTORNEY RICHARD B. HORROA, CONSULTANT CITY OF MIANI, a municipal. Corporation of the State of Florida By: Ho and V. Gary City Manager G let l�C'1 Y CLLR 82-114E;