HomeMy WebLinkAboutExhibitINTERLOCAL AGREEMENT BETWEEN THE MIAMI SPORTS AND
EXHIBITION AUTHORITY AND THE BAYFRONT PARK MANAGEMENT
TRUST
This Agreement, dated as of 2009, is made and entered into by the Miami
Sports and Exhibition Authority, an independent agency of the City of Miami (`MSEA")
and the Bayfront Park Management Trust (the "TRUST").
RECITALS
A. Since March 2005, the TRUST has been providing to MSEA the necessary
staff and environment for MSEA's operations and management (the
"Services").
B. The parties wishes to formalize MSEA's engagement of the TRUST for
the provision of the Services, and in consideration of this Agreement, the
TRUST wishes to continue to provide the Services
Now, therefore, in consideration of the foregoing, the parties agree as follows:
RECITALS: The recitals are true and correct and are hereby
incorporated into and made a part of this Agreement.
2. Services: The TRUST shall provide the necessary staff and environment
for MSEA's operations and management. It shall implement all policy
directives from MSEA's board of directors and provide the administrative
staff necessary to comply with MSEA's ordinance and mandates.
3. General Scope of Duties: The TRUST shall provide MSEA with office
space, necessary infrastructure and staff (including its Executive Director),
as may be required for MSEA's operations. Staff shall remain employees
of the TRUST. MSEA shall be responsible for all costs associated with
office hardware and software, as well as the maintenance of any MSEA
owned equipment. TRUST staff will perform all necessary functions as
outlined below for a fee agreed to by both the TRUST and MSEA.
a. Overall responsibilities of the Executive Director: The Executive
Director shall implement all policy directives from MSEA's board
of directors.
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i. Executive Director Scope of duties:
1. Subject to budget limitations, the Executive
Director shall have the exclusive right to employ
and discharge employees as are necessary to
provide for MSEA's efficient operation and
determine their compensation and benefits;
2. Provide office space and necessary appurtenances
required for function of operations;
3. Coordinate MSEA's meetings;
4. Attend all MSEA meetings;
5. Call special MSEA meetings, when necessary, as
specified in the MSEA's by-laws;
6. Represent MSEA at all meetings necessary to fulfill
Authority's mandate;
7. Oversee MSEA's daily operations;
8. Supervise MSEA's day to day affairs, activities and
personnel, as MSEA's Executive Director;
9. Provide administrative staff,
10. have general supervision and be responsible for the
operation and maintenance of all MSEA's
properties, activities, and facilities;
11. Negotiate all contracts, subject to MSEA's
approval;
12. Sign all MSEA checks;
13. Submit all yearly reports to City;
14. Supervise Watson Island development.
b. Overall responsibilities of the Administrative Department: The
administrative department shall provide clerical, legislative,
procurement and risk management support as MSEA may need for
the effective implementation of its polices and mandates.
Administrative Department Scope of Duties:
1. Serve as an active assistant of MSEA's board and
the Executive Director;
2. Record and keep the minutes and attendance of
MSEA meetings;
3. Serve all notices to members of MSEA and to the
City Clerk;
4. Be the official custodian of all MSEA records;
5. Coordinate annual insurance policies;
6. Oversee acquisition of office supplies and
equipment;
7. Maintain inventory of offices supplies and
equipment;
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8. Write and submit appropriate legislation as
required.
c. Overall responsibilities of the Finance Department: The finance
department shall provide all finance related services as needed.
Financial Department Scope of Duties:
1. Assist the Executive Director with the financial
aspects of MSEA & special projects;
2. Create monthly & YTD Financial reports;
3. Create budgets and spread sheets;
4. Assist in the development of business strategies and
methods of implementation;
5. Provide assistance to Staff regarding policies and
procedures;
6. Handle bank activities and maintain relations with
its officers;
7. Attend Board Meetings;
8. Present financial statements to Board of Directors
and Staff during Board Meetings;
9. Answer questions and make suggestions to the
Board regarding Financial Statements;
10. Supervise and monitor accounting activities;
11. Classify and categorize supplier's bills;
12. Review checks and have them signed by the
Executive Director and appointed MSEA Member;
13. Approve general journal entries;
14. Reconcile Bank Accounts;
15. Supervise filing activities;
16. Furnish sales tax liability report to proceed with
timely payment;
17. Prepare and revise Tax Forms as required;
18. Reconcile payroll reports;
19. Review employee retirement reports;
20. Resolve issues and questions from the Auditors;
21. Provide information and documents for the yearly
audit.
d. Overall responsibilities of the Human Resources Department: The
human resources department shall provide all employee related
services as needed.
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Human Resources Department Scope of Duties:
1. Manage staff performance, development and
disciplinary issues and be responsible for Human
Resources functions;
2. Establish. amend and enforce operating and
personnel policies;
3. Handle and distribute employee payroll checks;
4. Compensation: Commencing on October 1, 2009, and on the first day of
each month thereafter, MSEA shall pay to the TRUST compensation as
follows:
a. Facilitv Fee: MSEA shall pay to the TRUST a facility fee of 5300
monthly, which shall include all costs for office space, electricity,
water, and administrative infrastructure. The annual facility fee
shall be $3,600.
b. Manalrement Fee: MSEA shall pay to the TRUST a management
fee of $4,167 monthly, for the scope of services described above.
The annual management fee shall be $50,000.
c. Payment due date: MSEA shall pay all fees owed to the TRUST, in
twelve increments, on the first business day of every month.
On or before September 1, 2009, MSEA shall pay to the TRUST the sum of
$141,000.00, which represents the Facility Fee in the amount of $3,600 and a
Management Fee, in the amount of $137,400, for Services provided for fiscal year
2008-2009.
5. Time of the Essence: Time is of the essence in the performance of this
Agreement.
Termination: Either party shall have the option to terminate this
Agreement by giving 90 days prior written notice to the other party.
In Witness whereof, the parties have caused this agreement to be executed as of the date
first above written.
[SIGNATURES ON THE FOLLOWING PAGE]
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ATTEST: MIAMI SPORTS AND EXHIBITION
AUTHORITY, an independent agency of
the City of Miami
Rodolfo Calderon-Acaiturri
Finance Director
ATTEST:
Jose Gell
Administrative Officer
APPROVED AS TO INSURANCE
REQUIREMENTS:
LeeAnn Brehm
Risk Management Department
By:
Timothy F. Schmand
Executive Director
BAYFRONT PARK MANAGEMENT
TRUST, a limited agency and
instrumentality of the City of Miami
Timothy F. Schmand
Executive Director
APPROVED AS TO FORM AND
CORRECTNESS:
In
Julie 0. Bru
City Attorney
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