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Home My WebLink AboutR-78-0425• RESOLUTION NO. ` 8 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY OF MIAMI AND THE LATIN CHAMBER OF COMMERCE FOR THE PURPOSE OF COVERING CERTAIN ADMINISTRA- TIVE COSTS OF IMPLEMENTING THE LATIN SUMMER FIESTA, TO BE HELD IN MIAMI DURING JULY AND AUGUST 1978, WITH FUNDS ALLOCATED THEREOF FROM 3rd YEAR COM- MUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN AN AMOUNT NOT TO EXCEED $18,000 CASH AND $13,000 IN -KIND. Section 1. The City Manager is hereby authorized to execute the attached Agreement between the City of Miami and the Latin Chamber of Commerce for the purpose of covering certain administrative costs of implementing the Latin Summer Fiesta, to be held in Miami during July and August 1978, with funds allocated thereof from 3rd Year Community Development Block Grant funds, in an amount not to exceed $18,000 cash and $13,000 in -kind. PASSED AND ADOPTED this 22 day of JUNE , 1978. MAURICE A. FERRE MAURICE A. FERRE, MAYOR ATTEST: ,,►� !v c*( RAL H G. GCi IE, CITY CLERK (32/77L5) PREPARED AND ADOPTED BY: Ae ROBERT F. CLARK, ASSI CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: ''GEORGE F. KNOX, JR., CITY ATTORNEY'''. "DOCUMENT INDEX ITEM NO. CITY COMMISSION MEETING OF JUN3 3 1978 italgurnotiNo. 78-425 ram.^N& M.N. 1444 Joseph fit, Grassie City Manager Julio A. Castano, Director Office of Trade & Commerce Dlopment June 13, 1978 Request from the Latin Chamber of Commerce of U. S. A. (CAMACOL) for City Support of the Latin Summer Fiesta Out Position Paper of June 1, 1978 Pursuant to the referenced memo and our subsequent phone conversation, I discussed the City's support of the Latin Summer Fiesta with CAMACOL repre- sentatives and jointly negotiated the following levels and types of assistance which I recommend for presentation to the City Commission. I am enclosing herewith a draft resolution for the purpose of preparing a contract between the Latin Chamber of Commerce and the City to formalize these arrangements. ACTIVITY Downtown Festival Flagler Street Festival 8th Street Festival Advertising P.R. Admin. Expenses REQUESTED RECOMMENDED In Kind Funding In Kind Funding $ 2,316 2,936 5,344 $ 3,775 $ 2,316 $ 3,000 2,875 2,936 2,000 5,525 5,344 5,000 11,700 -- 5,000 6,765 2,000* 3,000 Totals $10,596 $30,640 $12,596 $18,000 * $2,000 represents the cost of one Office of Trade & Commerce Development staff assistant to be made available to CAMACOL for two months. Enclosure: A/S JAC:zf 78-425 F MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS INTRODUCTION I. DEFINITIONS II. UNDERSTANDINGS III. MAXIMUMM COMPENSATION IV. METHOD PAYMENT V. TIME OF PERFORMANCE VI. PERFORMANCE REQUIREMENTS VII. ASSIGNABILITY VIII. REPORTING REQUIREMENTS IX. AMENDMENTS X. TERMINATION XI. CONFLICT OF INTEREST XII. INDEMNIFICATION XIII. ASSURANCES AND CERTIFICATION XIV. IN -KIND SUPPORT XV. SIGNATORIES 7 8 - 4 2 5 • III, MAXIMUM COMPENSATION For the services provided under Section II of the Agreement, it is understood and agreed that the OTCD Will pay CAMACOL ah amount not to exceed $18,000, It is also understood that the CITY will provide added in kind services to CAMACOL, as specified under Section II of this Agreement, not to exceed the equivalent of $13►000, IV, METHOD OF PAYMENT Payment to CAMACOL will be made through a lump sum check for $18,000 upon exe- cution of this Agreement. At the conclusion of the FIESTA, CAMACOL will provide the CITY with detailed description of payments made with CITY funds, Any un- spent funds will be immediately returned to the CITY. V. TIME OF• PERFORMANCE This Agreement shall be deemed effective as of the date of signature and shall terminate on August 31, 1978. V7. PERFORMANCE REQUIREMENTS Any and all agreements entered into by CAMACOL will adhere to all Federal re- quirements, especifically: Section 3 Clause, and Equal Employment Opportunity Law (copies attached). VII. ASSIGNABILITY CAMACOL agrees to give notification, in writing, to the OTCD of any proposed sub -consultants. Any work or services sub -contracted shall be subject to each provision of this Agreement. None of the work or services shall be sub -contracted or reimbursed without the prior written approval of the OTCD. VIII. REPORTING REQUIREMENTS Designated CAMACOL personnel shall keept the OTCD informed of their activities by: 1. Preparing a completion schedule for the projects. 2, Submitting a minimum of three periodic Progress Reports on the FIESTA, 'r v VIII. MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS INTRODUCTION I. DEFINITIONS II. UNDERSTANDINGS III. MAXIMUM COMPENSATION IV. METHOD PAYMENT V. TIME OF PERFORMANCE VI. PERFORMANCE REQUIREMENTS VII. ASSIGNABILITY REPORTING REQUIREMENTS IX. AMENDMENTS X. TERMINATION XI. CONFLICT OF INTEREST XI I . INDEMNIFICATION XIII. ASSURANCES AND CERTIFICATION XIV. IN -KIND SUPPORT XV. SIGNATORIES 78.425 • The City of Miami and the Latin Chamber of Commerce of U.S.A4, Inc have entered this Memorandum of Agreement this clay of 1978, as a basis of understanding for the City's assistance in the implementation of the "Latin Summer Fiesta 1978" to be hold in t4iami during July and August of 1978. wITNESSETl, that the City of Miami has entered in an agreement with the Latin Chamber of Commerce of U.S.A., Inc. to assist in the implementation of the "Latin Summer Fiesta 1978" to be held in Miami during July and August of 1973, pursuant to Resolution No, adopted , 1978. Now, therefore, the City of Miami and the Latin Chamber of Commerce of U.S.A., Inc. do mutually agree as follows: I. DEFINITIONS CITY City of Miami CAMACOL Latin Chamber of Commerce of U.S. A., Inc. FIESTA Latin Summer Fiesta - 1978 OTCD Office of Trade & Commerce Development II. UNDERSTANDINGS It is understood that, CAMACOL will plan, develop and administer an area wide cultural, recreational and tourism oriented multi -faceted festival between July 28, 1978 and August 13, 1978. It is also understood that through this agreement the CITY will lend CAMACOL assistance in covering the administrative costs of implementing such FIESTA. The specific administrative costs which will be covered through this agreement are: ACTIVITY IN KIND* FUNDING Downtown Festival $2,316 $3,000 Flagler Street Festival 2,936 2,000 8th Street Festival 5,344 5,000 Advertising P, R. -- 5,000 Administrative I::ipun e:; 2,000 3,000 TOTALS $12,506 $18,000 *Spocifi.C; bre:4kdown of in -kind :;ctrvic. s i listed under Section Y.T.V 01 this Agreement, III+ MAXIMUM COMPENSATION For the services provided under Section II of the Agreement, it is understood and agreed that the OTCD will pay CAMACOL an amount not to exceed $18,000, It is also understood that the CITY will provide added in kind services to CAMACOL, as specified under Section II of this Agreement, not to exceed the equivalent of $13,000, IV. METHOD OF PAYMENT Payment to CAMACOL will be made through a lump'sum check for $18,000 upon exe- cution of this Agreement. At the conclusion of the FIESTA, CAMACOL will provide the CITY with detailed description of payments made with CITY funds. Any un- spent funds will be immediately returned to the CITY. V. TIME OF PERFORMANCE This Agreement shall be deemed effective as of the date of signature and shall terminate on August 31, 1978. VI. PERFORMANCE REQUIREt•1ENTS Any and all agreements entered into by CAMACOL will adhere to all Federal re- quirements, especifically: Section 3 Clause, and Equal Employment Opportunity Law (copies attached). VII. ASSIGiNNABILITY CAMACOL agrees to give notification, in writing, to the OTCD of any proposed sub -consultants. Any work or services sub -contracted shall be subject to each provision of this Agreement. None of the work or services shall be sub -contracted or reimbursed without the prior written approval of the OTCD. VIII, REPORTING REQUIREMENTS Designated CAMACOL personnel shall keept the OTCD informed of their activities by: 1. Preparing a completion schedule for the projects. 2. Submitting a minimum of three periodic Progress Reports on the FIESTA. -2- .� - 4 2 5 IX. AMENDMENTS The CITY and CAMACOL tnay, at their discretion, amend this Agreement at any time to conform with any contingencies which may require such amendment, Amendments, if required, shall be incorporated in writing to this Agreement upon review, approval and execution by the parties hereto. X. TERMMTNATION This Memorandum of Agreement may be terminated by either party at any time upon submission of thirty (30) days written notice if there is: 1) Ineffective or improper use of funds. 2) Failure to comply with the terms of contract. 3) Submittal of incorrect or incomplete reports, and 4) Occasion wherein the implementation of the contract is rendered impossible or unfeasible. XI. CONFLICT OF INTEREST CAMACOL covenants that no person under its employ who presently exercises any functions or responsibilities in connection with OTCD funded activities has any personal financial interests, direct or indirect, in this Agreement. CAMACOL 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 CAMACOL or its employees, must be disclosed in writing to the OTCD. CAMACOL 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. XII. INDEMNIFICATION CAMACOL shall indemnify and hold the CITY harmiess from any and all claims, liability, losses and causes of action which may arise nut of this Agreement. The agency directly or through its Itulurancr. Carrier shall pay ,.all claims and losses Of any nature whatsoever In connection therewith .and :shall defend all suits, in the i:.tmo c,f the C1TY when applicable, and shall pay all costs and judgments which may i:;:mo thoreoh. XIII, ASSURANCES ICES AND CERTIFICATIONS 1) No person in the United States shall, oh the grounds of race, color, creed, national origin, sex, marital status or physical handicap, be excluded from participation in, be denied the benefits of, or be other, - Wise subjected to discrimination under any program or activity for which CAMACOL receives funds under this Agreement, and it will immediately take any measures necessary to correct any such discrimination and to ensure that such discrimination cannot occur in the future. CAMACOL will establish safeguards to prohibit employees from using their positions for a purpose that is, or gives the appearance of being, moti- vated by desire for private gain for themselves or others, particularly those with whom they have family, business or other ties. With specific reference to this Agreement: 1) CA::ACOL will comply in accordance with the Housing and Community Develop- ment Act of 1974, Section 109 with Title VI of the Civil Rights Act of 1974, Title VIII of the Civil Rights Act of 1968, Executive Orders 11246 and 11046 and Section 3 of the Housing and Urban Development Act of 1968 (Section 570.303 (3)(1) and incorporated herein by reference. 2) CAMACOL will comply with the provision of the Hatch Act as amended January 1, 1975, which limits the political activities of employees and incorporated herein by reference. 3) CAMACOL will comply with the Anti -Kickback Act, Title 18, U.S.C. Section 874, and provisions of the Federal Labor Standards, Title 29, and incorpo- rated herein by reference. XIV. IN -KIND SUPPORT The breakdown of in -kind services provided under this Agreement is as follows: A. Downtown Festival 1. Public Safety; Police (Off. Duty): 2 Sergeants (`1 ;8.50/hr, (8 hrs,) $136.00 13 Officers ;•0 $7,50/hr. (8 hrs,) $780.00 Fire Rescue $300,00 -4- 78• 425 2. Sanitation`, Street Cleaning Waste Containers Portable Toilets B. Flagl.er Street Festival 1. Public Safety: Police(Off. Duty): 1 Lieutenant $10.00 (9 hrs.) Sergeants :1 $8 . 50 (8 hrs,) 22 Officers '} $7.50 (3 hrs.) Fite Rescue 2 Sanitation: Street Cleaning Waste Containers Portable Toilets C. 8th Street Festival • 1. Public Safety: Police (Off. Duty): 1 Lieutenant ') $10.00/hr. (8 hrs.) 3 Sergeants @ $8.50/hr. (8 hrs.) 36 Officers @ $8.50/hr. (3 hrs.) Fire Rescue 2. Sanitation: Street Cleaning Waste Containers Portable Toilets 500,00 $ 200.00 S 400.00 $2,316,00 $ R0.00 $ 136.00 $1,320.nn $ 300.00 $ 500.00 $ 200.00 S 400.00 $2,936.00 $ 80.00 $ 204.00 $2,160.00 $ 300.00 $1,000.00 $ 600.00 $1,000.00 $5,344.00 D. Administrative I. ;penses 1. Office of Trade & Commerce Development; 1 Loan',d Staff Assistant 9 $1,000/^1o, (2 mos.) ;�2,000,00 TOT11L IN-i:1ND SUPPORT $ 12 , 596, 00 5- XV. StGNATORtES IN WITNESS WHEREOF, the City of Miami and the Latin Chamber of Commerce of U.S.A., Inc. have entered into this Agreement as of the date first above written. CITY OF MIAMI, a municipal corporation of the State of Florida ATTEST: By CITY CLERK ATTEST: SECRETARY PREPARED AND APPROVED BY: TERRY V. PERCY ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS GEORGE F. KNOX, JR., CITY ATTORNEY -6- CITY MANAGER LATIN CIIAMBER OF COMMERCE OF U.S.A., INC. By PRESIDENT A. 'die Wot.'!i t-u be 11e!ri!oiii d ul101!r Lhia t:e2htt:ti(':t, i:.: Oii it pl'Ojut:1 a..'ti it•.`d t:11t1n! '. fi t 'id r r• : t f } 1 Itt f)1.t)rel:ill.l )i'C► i ,t1y tli` (: t: E't unt'al . itl.:il► .i1j sssistt:t1C(: fro;: the li,...Ta:l•t.t.ltSht of Housing ono t)L-hilt lie+'1t! o tint:h f:tlt; it : Ct,jr.t>t Ito t.11t'� t «!rulrl•mi.., i ::; tit: Sic ti(:a 3 rif tit:.i t.'c:.!ii uct end tj")a:tl t`.eVe lol.f�l&tlt l,ot: G6i.tltllll at allltltl(I.!(t, 12 lta .L. 1iOua, aeCtiuh 2 L'egeilfnS that to the rjruatost t::tt:nt: feesihle Oppr3rtU- tl it i en art.:_ t : cin i llt* and t:l: t.I.1:. ':;t::l}!: tin relven 1_UWer i1.f.:.itle �.•L....rlt:til:F) of the p)•tl e t: il.e.al and c't:ni ei•1 1°.S' tTr:{ J11 i 12 • ti' t '"r.1 tuct: .`e ava.2 dnd to buli1.:1ess co(lr'1. t:It2ell,J :t i.." 111 —o): 1 Owned 1.:1 ' uhst c..tlt.Ia:1 i)ttrt by 1%C1'_ol(:d ruudincp in thc ut t:lle 2. ':yC! parties to L:11.8 CO!1ti:a:C1: S'!.'..il. comply •. � � .1 1'.-h i:i:(? Of ::7 i l Ei 1 t.i17."i said Ce..:L1Cl aa(; the 1.ce.:1!.....)}::.[till.. is:.:ue.'1 C.'::..5:'�c:t�ui.e .•.S by the Secretary c:. l(ctt:. i:?(t and 'te J.0 1:tlr _ •. �: ,. _ CF! , t':) i. ic:..J_.(e ..: 1: �. 1: .. r.-!(•1 order:: fa V:i� r.. ... _ .. ,� t_ Ir ttiE:l:+:litll.i?� i.i �.C•l: i:., he c.:e.:ut on of ttl.:. l7^. 5'i arti(.G ! to tills contract r„!!..tii f a:.c:t'r.r: that that' corn? ec- /1 ttt:.1 c : other 6 i r,..i:ility which would prevent (.:i.. : complying with t:1es. :•t?:.�uircclll(:11i:: . C. The Ilc t:C12fiUl'.:i.21T, will send 1:G i?:il !ii:)U1 Ci_.. ._.."..:. or .^t:2EiEli►:..- i:i.vt of wo:.:: _J 1: .. t: Ll:h hich i! _ hal. ;._ 1 cc - " C_e:e::2.senY_ or °I:hee cc nti:a.ci.: or UI1CC•.. st.i.:l:.Jit' . ( the 2. hoi.' ''r('i.ii..:: t?c•i! nent i thia :;octl.on .3 C: .till:::[: a::l^_ _ _ _ _ :.�:•: lE..i .._ Lilt notice incell:ijliCUUL'a ple.oe?.Ail:'ailli.:;1L. : _offices and cipplicaat_•s for c!Inpl.oyt.:ent or training. D. "I1e coli.c.•i11tant: will include tt:...+ £tct....c-i in ever:: subccntrc.ct fo: work in connection t'it:h tho project a;._ -'_ _, et: the direction of the app1icLnt for or recipi.tnt: o ,tf:C.s.rL. _...2.':C2a3_ essistcnce, take appropriate action pursuant to the: s..:.7c.._:�.,.t t:pc,!: fincl_ng that the suhcollsu1tant i:: in violation' of rec 1 :.._orc Lr.sted by the t.c e_tcr;- o:. Housing and Urban I)evt!l.opnacnt, : c-^ri.. The corsu1tc.nt will not stall ccr(t:_'c:Ct with any subconsultar.: water_ it:?hare notice: or knowledci.: that the latter ha`_' been found in vi.ola.tion of regulations under 24 C1'it, and will not let any suhcont•ra_c:. unless the subcoriLttl- t.a nt has first provided it: with a preliminary statement of ability to conply wi t.h t.tt(: requil:r.mcnt:r of those recIu:..:tion . E. Cornplirnce with the provisions of Sect:ion �:3, _Ice requiationa Set forth in 24 CV , .,I1d all apnlicable rules c':►t' orders ot.' tai. Depaa):t- l. ont 1aided t:1 a 1.( ! t.• a 1 ], 1(!.'(:t (( � prior to the t:.at:t:Ut:..r'..1 a1 .: It! C:Cht i:Ct:, shall he n cei i t.;e)n t'11: the Federal 1. i II:.ncia..l a:, ;i.stianCC) provided to t1io 1)rO;CCt, 1:.ih(:LueT lll,olt tilo a:ppliC.itll:. or rt-ci.7tc;ll: for :inch [:S:ii!4tance it:, .:ucc,!s5U1.'. , al::u a:.::1 igns • t'..ti 1 U3:.! to fulfill these regllirene't'It:r1 �I1;111. sehjt:ct the -. i plicant or recipient, its consultants and nub - consultants, it i1lr:cl:•::.or:1, and assigns to those sanctions liII'.Tci!:1 €d h',• the (;:.(nt. 0r la)..n att3rct'nle'nt or -contract tilrour,h which ?'eedvr.a1 itssistalr.c(: .is 1.: o; ictIa(i such .nc:luta sre,lcci fied by 24 CI f 1 i' MMM MMW EMIR BMW wam w MK MW maw MEM tli t; 1111