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Home My WebLink AboutR-81-0128Y RESOLUTION NO e 1 2 g A RESOLUTION CONCERNING THE HAITIAN AFRO- DIMENSION CARNIVAL, WHICH IS TO BE HELD ON MARCH 1, 1981; CLOSING CERTAIN STREETS TO THROUGH TRAFFIC ON THAT DATE DURING SPECI- FIED HOURS AND ESTABL.IS11ING A PEDESTRIAN MALL; SAID STREET CLOSING SUBJECT TO ISSU- «SI iJ jP �"��--.i� ,ANCE OF PERMITS BY THE POLICE AND FIRi �• ;-`4 ' DEPART?IF.NTS; FURTHER ESTABLISHING THE. AREA j� '�: PROHIBITED TO RETAILPF.DDLI?RS DURING THE L.j ` •! AFORESAID FESTI\;Al,; FURTHER AUTHORIZING � r r h '• THE CITY MANAGER TO EXECUTE A SUPPORT AGREE - ENT SETTING 6 MENT SETTING FORTH THE CONDITIONS UNDER WHICH THE CITY WILL PROVIDE SERVICES AND CASH ASSIST- ANCE. WHEREAS, Haitian Afro -Dimension, Inc., a nonprofit corporation under the laws of the State of Florida, has reques- ted assistance from the City of Miami in connection with the HAITIAN AFRO -DIMENSION CARNIVAL to be held on North Miami Avenue from 11-:00 A.1M. to 7:00 P.M. on 'March 1, 1981; NOW, THEREFORE:, BE IT RESOLVED BY THE: COMMISSION OF THE CITE' OF MIAMI, FLORIDA: Section 1. In order- to establish a temporary pedestrian mall, the following streets are hereby closed to through traffic on "March 1, 1981, during the hours from 11:00 A.M. to 7:00 P.M. for the HAITIAN AFRO -DIMENSION CARNIVAL; such closing of streets being subject to the issuance of permits by the Police and Fire Departments: (a) North ?Miami Avenue between 54th Street and 62nd Street Section 2. Pursuant to the provisions of Ordinance No. 8851, enacted September 28, 1978, all retail peddlers' occu- pational licenses issued under the provisions of Chapter 39 of the Code of the City of Miami, Florida (1980), as amended, will not be valid in the following designated area between the hours of 11:00 A.M. to 7:00 P.M. on March 1, 1981: (a) North Miami Avenue between 54th Street and 62nd Street. Section 3. The City Manager is hereby authorized to execute a Memorandum of Understanding setting forth the conditions under which the City will provide services and a cash assistance grant to be used to pay for festival cost- " U �,` ` f �� T � ` i u� � A CITY COMMISSION 000 1-4EETiNG OF M 1� tr ITE (0._ «,, ,� i r z9 :,a,f. February 20, 1981 J'.F31E 1st Annual Haitian -Afro Dimension Carnival - March 1, 1981 0 ,-fry OF i' a � iN' ER -OFFICE %1EMORANDUM Richard L. Fosmoen City Manager Angel iR. Bel amy Assistnt to it Mane a e Y 9 FJIVuu1.IIIJ I.IIG v.0III IYul. At the February 12, 1981 City Commission Meeting, the City Commission passed Motion 81-108 granting the request of the Haitian Afro -Dimension, Inc., a non-profit corporation, $5,000 in connection with the 1st Annual Haitian Afro -Dimension Carnival to be held on March 1, 1981. The attached resoltuion formalizes the Motion 81-108, authorizes the closing of streets subject to Police and Fire permits, and authorizes the City Manager to enter into an agreement setting forth conditions in accord with current City Policy regarding festivals. "SUPPORTIVE DOCUtinNUTS FOLLOW" 9 MEMORANDUM OF UNDERSTANDING THIS AGREEMENT made and entered into this day of , 1981, by and between the CITY OF MIAMI, a political subdivision of the State of Florida, (here- inafter referred to as "CITY"), and the HAITIAN AFRQ-DItIENSION, INC., a nonprofit corporation, as prime sponsor of "The Haitian Afro -Dimension Carnival", (hereinafter referred to as "PRIME SPONSOR"), 1 WITNESSETH: WIEREAS, the City has received a request for financial and Other support from the PRIME SPONSOR for The Haitian Afro - Dimension Carnival to be held on Miami Avenue between N.W. 62nd and 54th Streets on March 1, 1981 between the hours of 12:00 Noon and 7:00 P.M.; and IMEREAS, the Commission of the City of Miami has established a policy concerning the granting of cash assistance to sponsors of festivals, as found in Resolution No. 78-602; and WHEREAS, certain conditions must be met by organizations requesting such assistance; NOW, THEREFORE, in consideration of the covenants and affirmations as herein set forth, the parties mutually agree as follows: THE CITY AGREES: 1. To provide the following services, which will be con- tracted for under separate agreements by the PRIME SPONSOR with the CITY: a. Police Services on an overtime or off -duty basis as agreed upon by both the PRIME SPONSOR and the City of t4iami POLICE DEPARTMENT, but at no less than the recommended number by the Police Department. b. Department of Leisure Services Two showmobiles will be provided at one-half the regular rental fee; the total charge will be $60.00. "SUPPORTIVE DOCUMENTS"' FOLLOW" r arising during the term of this Agreement for any personal in- jury, loss of life, damage to property or any other injury of any nature whatsoever sustained by any person, firm or corpora- tion by reason of, or as a result of, the PRIME SPONSOR'S (its agents, employees or workmen) carelessness or negligence during the Haitian Afro -Dimension Carnival; summon against any orders, judgments or decrees which may be entered thereon; and from and against all costs, attorneys' fees, expenses or liabilities incurred in the defense of any such claims and investigations thereof. 5. The PRIME SPONSOR further agrees that no funds acquired from the CITY under this Agreement shall be used in a legal action against the CITY. BOTH PARTIES AGREE: 1. That the tern of this Agreement begins on the date of its execution by both parties and ends on May 1, 1981, or at such time as all provisions of this Agreement have been satisfied. 2. That the CITY is in no way obligated to provide payment or services beyond those provided for in the terms of this Agree- ment. 3. This Agreement may be terminated by the CITY at any time upon 5 days notice in writing delivered by certified mail, re- turn receipt requested, or in person with proof of delivery, for breach by the PRIME SPONSOR in the event that the PRIME SPONSOR fails to perform any of the provisions set forth in this Agree- ment. • 4. This Agreement may be modified upon the written consent of the parties. IN WITNESS WHEREOF, the foregoing parties have executed this Memorandum of Understanding this day of 1981. "SUPPORTIVE D 0 C IL I � N j-S FOLLOW? ATTEST RALPH G. ONGIE, CITY CLERK _,..__ CITY OF MIAMI, FLORIDA a municipal corporation of the State of Florida By CITY MANAGER 3 8I - 1 19 f f a get-up and take -down costs related to the showmo- will provide sanitation services as requested and paid for by the PRIME SPONSOR. e. Department of Parks Will provide bleachers as requested and paid for by the PRIME SPONSOR. To provide the PRIME SPOPJSOR with a cash grant of Witte Thousand Dollars ($5,000.00). THE PRIME SPONSOR AGREES: 1. To meet or adhere to all the requirements of City Com- mission Policy No. 100-4. as found in Resolution No. 78-602, which includes: a. A budget for the festival showing planned categories of expenditure for the festival. b. A list of contributors and amounts of antici- pated contributions for the support of the festival. c. A summary statement showing the previous year's receipts and expenditures for last year's festivals. 2. That an independent auditor be named and engaged by the PRIME SPONSOR to produce a report, or statement, showing re- ceipts, expenditures, and distribution of profits, if any, and also containing other standard information produced in official audits; further, this report must be provided to the City Manager within 60 days of the close of the festival event. 3. That the CITY'S contribution of Five Thousand Dollars ($5,000.00) will be used exclusively to pay for costs incurred by the PRIME SPONSOR in producing this festival event and the CITY shall be the final authority as to any determination of the propriety of expenditures and documentation required. 4. To indemnify, save, hold harmless and defend the CITY r arising during the term of this Agreement for any personal in- jury, loss of life, damage to property or any other injury of any nature whatsoever sustained by any person, firm or corpora- tion by reason of, or as a result of, the PRIME SPONSOR'S (its agents, employees or workmen) carelessness or negligence during the Haitian Afro -Dimension Carnival; summon against any orders, judgments or decrees which may be entered thereon; and from and against all costs, attorneys' fees, expenses or liabilities incurred in the defense of any such claims and investigations thereof. 5. The PRIME SPONSOR further agrees that no funds acquired from the CITY under this Agreement shall be used in a legal action against the CITY. BOTH PARTIES AGREE: 1. That the tern of this Agreement begins on the date of its execution by both parties and ends on May 1, 1981, or at such time as all provisions of this Agreement have been satisfied. 2. That the CITY is in no way obligated to provide payment or services beyond those provided for in the terms of this Agree- ment. 3. This Agreement may be terminated by the CITY at any time upon 5 days notice in writing delivered by certified mail, re- turn receipt requested, or in person with proof of delivery, for breach by the PRIME SPONSOR in the event that the PRIME SPONSOR fails to perform any of the provisions set forth in this Agree- ment. 4. This Agreement may be modified upon the written consent of the parties. IN WITNESS WHEREOF, the foregoing parties have executed this Memorandum of Understanding this day of , 1981• "SUPPORTIVE D O C 1 J 11,TS FOLLOW" ATTEST: RALPH G. ONGIE, CITY CLERK CITY OF MIAMI, FLORIDA a municipal corporation of the State of Florida 13y: CITY MANAGER 3 81 - 1 2 PREPARED AND APPAOVgb 8Y! JOHN J. COPELANt JR, ASSISTANT CITY ATTORNEY HAMAN AFRO—DVIPNSIONo INC. ARTICLES OF INCORPORATION RECEIVEI; OF BAN Z9 9 1. AN �� I HAITIAN AFRO -DIMENSION, INC. SEA►.; STATE A flon-Profit Corporation LORIDA ARTICLE ONE: The name of this corporation shall be HAITIAN AFRO -DIMENSION, INC. ARTICLE TWO: The term of this corporation is perpetual. ARTICLE THREE:The purpose of this organization is to advance and support the e ucat ona cultural, social development of the Haitian community through cultural, social and athletic events. Also, to promote better relations with the other ethnic groups in the community, and any other lawful purpose not for pecuniary profit. ARTICLE FOUP: There shall be 5 members of the initial Board of Directors of the Corporation. The names and addresses of the persons who are to serve as Directors until the first election thereof are as follows: 1. Ignace, Wilfrid, 452 Northwest 82nd Street, Miami, Florida 33150 2. Pierre, J.'i.C. Francis L. , 6265 Northwest Seventh Avenue, Miami, Florida 33150 3. Joseph, Pierre, 452 Northwest 82nd Street. Miami, Florida 33150 4. Hemingway, William D., 40 Northwest 60th Street, Miami, Florida 33127 S. Omega, Arsene, 5401 Northwest 2nd Avenue, Miami, Florida 33127 ARTICLE FIVE: The affairs of this corporation are to be managed by a President, ti cares -dent, Secretary and a Treasurer to consist of Directors of this corpora- tion. The names of the officers are: 1. Ignace, Wilfrid President 2. Pierre, J.M.0 Francis L. Vice -President 3. Joseph, Pierre Secretary 4. Omega, Arsene Assistant Secretary 5. Hemingway, William D. Treasurer ARTICLE SIX: The resident anent of this corporation iMFRANCIS L. PIERRE of 62 Northwest 7th Avenue, Miami, Florida, who here;.�I!L y- s appointme t by subscribing his name. 1.C. NCIS L. P-11OT-E ARTICLE SEVEN: MEMBERS of this corporation shall be f Maitan Descent. Other than the ararter members specified above, all new members shall be acmitted upon the recommendation of a charter member and tl,e payment c` the initial fee. The l,p tter shall be $50.00 for a lifetime membership of �10 GO for one year only. fees- can .)e changed in accordance with the y-ta% s. ARTICLE EIGHT:The BY-LAWS of this corporation are to be made, altered, or rescinded y the merrbers of this corporation. ARTICLE NINE: The BY-LAWS and Articles of Incorporation can only be ar-.ended by a three quarters vote of the membership role. ARTICLE TEN: The INCORPORATORS of this corporation are as follows: 1. Ignace, Wilfrid 2. Pierre, J.M.C. Francis L. 3. Joseph, Pierre 4. Omega, Arsene 5. Hemingway, William D. ARTICLE ELEVEN: Charter members of this corporation consisting of the above Directors shell- have ten votes each. All other members shall have a single vote at all meet- ings or elections. C 1 G IJ tN WITNESS WHEREOF, we have subscribed our names this.. day of January, 1981, as INCORPORATORS: WILFRI im INC ,