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HomeMy WebLinkAboutR-96-06186f2bf96 96- 618 RESOLUTION NO. A, RBSOLUTION, WM ATTACMENT, AUTHORIZTNG THE CITY MWAGBR TO 8X8CUTR AN AGREEMBU`'C', IN SUBSTANTIALLY `MR ATTACHED FORM, WITH FORGE CAXVALHO, CONSULTANT, TO PERFORM THE SHRVICT S OF 'E RADS D9V31,0P9R, FOR '1'H1S I RPi"aATIONAL TMDR BOARD ("ITH") , FOR M, PERIOb COMMMCING O BRR 1, 1996 THROUGH SRPTOWER 30, 1997, AT A FRB IN THR ,AMOUNT OP $23, b0a . 0a; ALLOWING FUNDS 'THEREFOR. FROM '1'HH ITB BTMGE3°, FISCAL YRAR 1996-1997. WHEREAS, the City of. Miami is committed to stimulating economic deiye] Qpment through international trade promotion; and WHEPMS, the consultant possesses the requisite knowledge and administrative skills to prepare trade data related to the promotion of international trade; JNOWS THEREFORE, BE IT RESOLVED BY THE COMMISSION OF 711B CITY' OF MIAMI, FLORIDA: 5ection',1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Suction 2.. The City Manager* is hereby authorized to, execute an agreement, in substantially the attached form, with ;Forge Carva.lho, consultant., to perform. the serviced of Trade Developer for the International Trade Hoard. ("ITB") , for the ATTACHMENT (S) I CONTAINED OW COMUSSION 3 vmc; or SEP 14 199E Revolution lea. 96- 61 0 period. cornrtencing October 1, 1996 through Septembers 30, 1997, at a fee in the amount of $23, 000. 00, with funds therefor hereby allocated from the ITT3 Budget., Fiscal Year 1996-1997. Section 3. This Resolution shall become effective imediately upon ite adoption. PAk SHV AND ADOPTHD this 12th day of aei ta-em er, 1996. r -� OLLO , MAYOR ATTEST: WALTER ,,/P0 CITY CLERIC PRRPARED AND APPROVED BY : r OLG IRU -S& AS, ASS1 ..ANT CIVIL ATf'b `9f APPROVRD AN TO FORM AND 1:i1RREC1MS a : r W 1Q61. mK -2-- 96R 618 PRO ESSIO AL SE&YL E&AGKFEl M This Agreement entered into this l st day of October 1996, by and between the CITY OF MIA° I, a municipal corporation of the State of Florida (hereinafter "CITY") and JORGE CARVAI F10, an individual ffereinafter "CONSUI ANT"). t l- C—LT A,L S- WHEREAS, the City of Mimni Commission has entrusted the City of Miami International Trade Board (hereinafter "BOARD") with the task of promoting international trade and investment within .the City of Miami; and WHEREAS, in furtherance of this obligation, the Board is engaged in formulating and implementing an interriation.al business development program constituted by the following projects: 1) creation of a data lase; 2) pLiblication of a development program constituted by the creation of aninterrsational trade and economic analysis; 3) marketing efforts to market h iami to overseas businesses; and 4) preparation of economic profiles for the local business community to conduct overseas business; and WHEREAS, the CONSULTANT is familiar with the computer programs £or creating international trade data, graphing and charting findings, sufficient to effectively carry out the herein above -listed projects; and WHEREAS, the CONSULTANT possesses those verbal and writing skills essential for making oral presentations and preparing written reports for presentation to technical as well as Lion -technical audiertm; and WIMREAS, the CONSULTANT is multilingiml; and NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree as follo%---- LI t�F�l�l The terra of this Agreement shall be from October 1, 1996, through September 30, 1997. 1.5,_CQFE r a R.I E Under the general supervision of the Chief Operating Officer, the Consultant will perform the services of Trade Developer. III rNONIPENNSSA-fTON AND FF.,E SCHEDULE The City shall pay the CONSULTANT, as compensation for the services performed, a monthly fee in the amount of $ 1,917.00. IV. PERFORMANCE EVALUATION The C.`rIA' shall evaluate the CONSUL CAN rrs performance semi-annually during the term of the Agreement. FEDERA.?L. STATE AND LOCAL LAWS Both parties shall comply with all applicable laves, ordinances and codes of federal, state and local governments. VIL����TI:F�►L t�hi�I'TIC?�� 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 addressed to ,tie other party at the address indicated herein or as the same may be changed from time to time, Such notice, small be deemed given on the day on which personally served or, if by rail, on the fifth day after tieing posted or the date of actual receipt, whichever is earlier. -2- 06 ,t;pp.k aY my International Ti-,ade Board 300 Biscayne Blvd. Way Suite 1100 Miami, FL 33131 (30.5) 350-7891 CON UL,TANJ Jorge Carvalho 441 Valencia Ave. 41101 Coral Gables, FL 33134 (305) 567-1237 SS No 593-35-4322 B. 'Title aad 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 any attached documents, the terms of this Agreement shalt rule. D. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. E. Should any provisions, paragraphs, sentences, words or phrases contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforc�,,We under the law of the State of Florida. or the City of Maori, such provis'ions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then the same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. VIL QMlM8RSIT (3E-DQQENT All documents developed by CONSULTANT under this Agreement shall be delivered to Crry by ,aid CONSULTA.Nr upon completion of the services required pursuant to paragraph 1.I bereof and sltaH become the property of CnT, without restriction or limitation on its use. CONSULTANT agrees that all documents maintained and generated pursuant to this contractual relationship between CITY and CONSULTAN r shall be subjoct to all provisions of the Public Records Law, Chapter 119, Florida Statutes. -3- It is further understood by and 'between the parties that any information, writings, maps, contract Jocuments, reports or any other matter whatsoever which is given by CITY to CONSULT,A'w put-suant to this rgreement shall at all times remain the property of CITY and shall not be used by CONSULTANT for any other purposes whatsoever without the written consent of CITY. Y IL END .Y- The obligations widertaken by CONSULTANT pursuant to this Agreement shall not be delegated or assigned to any other person or :iam unless CITY shall first consent in writing to the performance Qc assignment of such set -vice or any part thereof by ::mother person or firm. IX. CITY resarves the right to audit the records of CONSULTANT at any time during the pe.formanc,.e, of this Agreement and for a period of three (3) years after final payment is made imder this Agreement. 2L, AW WARD_OF A GREEfvIBNT CGNSULTAN'r warrant that it has not employed or retained any person employed by theM Y to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any perm employed by the CM,( any fee, cr)mmis-sion percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. ON TR JCTIf)W QF AGREMENT This Agreement shall be c'onstmed and enforced according to the laws of the State of 1Florid& SUCCESSOIt ANP-ASSIGNS This A.gTeement shall be binding upon the parties herein, their heirs, executors, legal represuttutives, successors, and assigns. -4- ray` �y XIII.INDEMNIFICA BONY The CONSULTANF shall indemnify and save the CITY harmless from and against any and all claims, liabilities, losses, and causes of action, which may arise out of the C®NSL3,11 ANT's activities under this Agreement, including all other acts or emissions to act of the CONSULTANT, including any person acting for- or on its behalf, -and, from and against any orders, judgments or decrees which may be entered, and fron) and against all oasts, attorney's fees, expenses and, liabilities incurred in the defense of any such claims, or in the investigation thereof. XIVCOMI.1.0F RMRM A. CONSULTANT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interests, 4ireict or indirect, with CITY. CQNSLTLTANT 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 CONSULTANT or its employees, must be disclosed in writing to CITY B. CONSULTANT is aware of the conflict of interest laws of the City of Miami (City of Miar:�i Code Chapter 2, Article V), Dade County Florida (Dade County Code Section 2-11.1) and the Stwe of Florida, and agrees that it shall fully comply in all respects with the terms of "said laws. Kit.INDEPENDENTCO, CTR CONSULTANT and its employees and agents shell be deemed to be independent contractors, aria not agents or employees of CITY, and sha11 not attain any rights or benefi Lander the Civil Service or Pension Ordinances of CITY, or any rights generally afforded classified or unclassified. employ s; ftacther he/shy; shall not be deemed entitled to the Florida Workers' Compensation betief is as an employee of CITX. - 6 wry a.' r I X) I. LER IINATION aEL EM_0-1 CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to paragraph It hereof without penalty to CITY. In that event, notice of termination of this Agreement shalt be in writing to CONSULTANT, who shall be paid for those services performed prior to the date of its receipt of the notice of temination. In no case, however, will CITY pay CONSULTANT' an amount in excess of the total sum p ouided by this Agreement. It is hereby understood by and between CITY and CONSULTANT that any payment made in ,accordance with ehis Section to CONSULTANT shall be made only if said CONSULTANT is not in default under the terms of this Agreement. If CONSULTANT is in default, then CITY shall in no way be obligated and shall not pay to CONSULTANT any sum whatsoever. XDL ( LDI,SCRI.NI NATION CONSULTANT agrees that it shall not discriminate as to race, sex, color, religion, age, marital statTas, national origin or handicap in connection with its performance under this Agr�errment. Further more, that no othemwise qualified individual shall, solely by reason of his/her race, sex, color, religion, age, marital status, national origin, or handicap, be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial. assistance. XV-111, .4QRITY R'�CJJFX1 ITT COMP ANCE CONSULTANT acknowledges that it has been furnished a copy of Ordinance No. 10062, the Minority Procurement Ordinance of the City of Miami, and agrees to comply with all applicable s4b9taantive and procedural provisions therein, including any amendments thereto. -6- nu 9 6 - 61 Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and is subject to antendment or termination due to lack of finds or authorization, reduction of funds, and/or change in regulations. In the event that CONSULTANT shall fail to comply with each and every term and condition of this Agreement or shall fail to perform any of the terms and conditions contained herein, then CITY, at its sole option, upon written notice to CONSULTANT of such an alleged default acid an opportunity to cure such an alleged default for a period of ten (10) days alter the date such notice was given (or, in the event such default cannot be cured within ten (10) days, then,, if such cure is not commenced within such ten (10) days period and diligently Completed thereafter), may cancel and terminate this Agreement, and all payments, advances, or other compensation paid to CONSULTANT by CITY while CONSULTANT was in default of the pro%isions herein contained, shall be forthwith returned to CITY. IyF 7'CF[ .A ► 1,ENT This instrument and its attachments constitute the sole and only Agreement of the parties hereto relating to the services of Grant Specialist Consultant for the Board and correctly set fortis the rights, duties, and obligations of each to the other as of its date. Any prior agreemeMs, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect: Y.,XH.A.WENDMiENTS No amendments to this. Agreement shall be binding on ei&,er Harty unless in writing and signed by bath parties.. ..7_ 9b- 618 : A I14 WITNEISS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized, this day and year first above written. CITY OF MIAMI, a municipal Corporation of the State of Florida A'I`i"EST: WALT ,R FOEMAN City Cleric WITNESSES: APPROVED AS TO FORM AND CIRRI rC'C'MS: City Altomq r 1A A P003/1N1Arjn k: A CESAR If. ODIO City Mmiager CONSULTANT: tALHO - 96- 618 9 CITY OF MIAMI, FLORIDA INTEROFFICE MEMORANDUM TO Honorable Mayor and Members DATE 0 8 / 19 / 9 h FILE: of the City Cormnission SUNECT : septeraler 10, 1996 C'c�m�rn�.e�si©ta, Meting Cesar B . �dira mom City Tfanacrer REFERENCES ENCLOSUAES it is .respectfully requested that; the City Commission adopt the attached resolution allocating $23, 000.00 to contract the services of Mr. Jorge C;arva.lho for the period of October 1., 1996 to Sept.e .ber 3,0, 199", to perform the duties of grade Developer. Funds have bOen identified in the international Trade Board Budget. Mai. Jorge Carvalho was selected for said, position in September of 1995. 'He has proven to have the abilities needed to care, but his assigned duties and. responsibilities. I PO,— CITY OR MIAMI, FLORIDA :C33R-OPPICS MEMORANDUM TO; maAiny Gonzalez DATE: 08/12/96 International Trade ,Board FILE: K-9600260 PROM: Olga Ramirez-Seijaa Assistant: City Attorney SUBJECT-. JORGE CA,RVAL' HO/PSA The above -referenced agreement has received .initial Law Department: approval ;subject to the following: 1. City Commission approval if amount exceeds $4,500.00. ( 10,000 for public works or improvements) 2. Proper execution by the parties: (a) if a corporation (i) Corporate resolution (seal) (i.i) Signature by authorized corporate officer attested. to by corporate ,secretary (seal) (b) If not a corporation M Signature of two witnesses 3. Final review and approval by the ,insurance Manager. ::2/4. Final review and approval by the City Attorney. 5. Attachment of all the necessary exhibits (i.e. those exhibits referred to within the agreement) , if any. 6. Revisions as noted. Enclosure(s) WHEW RRIURNI,NG+ FOR FURTHER RZVIEW, PLEASE IDENTIFY AS K--9600260 ,r hy1 Name of party (i a s) : jo ( 1 f Document Type: p ��._�-`___------------ - Purpose..: pate (s) : Department:,��ili�d Contact Person (Questions) _ .cif ! t Telephone Contact Person (Delivery) : -- K Telephone EXPENSE/REVENUE �. ACCOUNT (s) /PROJECT (s) CI21 08 4 - r7b� AUTHORIZED ,BY RESOLUTION NO. (Attached) OR APPROVED BY: Budget Director (If General Funds) CIP Administrator (If CIP Funds) Comm. Dev. Director (If C.D. Funds) All City requirements have been met and the document(s) is (are) .ready for execution ept Director/Designee Init. Dept. Director or Designee � �c... pate ACM/Advisor _ Date Signature " Date Rec . by Kgr' s Off.-. Data Signed by Mgr.. - Attested by City Clerk: Returned to Dept/Office: ORIGINAL :0 CITY CLERIK s lb CITY OF MIAMI. FLORIDA m INTER -OFFICE MEMORANDUM 6 TO . Honorable Mayor and Members DATE 08I19/ 9G 'FILE of th4 City Comiss.ion SUBJECT September 10, 1996 Coanmilssion Meeting Cesar FROki : city �r REFERENCES . FISIM 7SURES ` 40 art+sdai t it is respectfully requested that the City Commission adopt the attached resolution allocating $23,000.00 to contract the services of Mr. Forge Carvalho for, the period. of October 1, 1996 to September 30, 1997, to perform the duties of Trade Developer. Funds have• been identified in the International Trade Board Budget. Mr. Jorge Camalho was selected for said position in September of 1995. He has proven to have the abilities needed to case out his assigned duties and responsibilities. 61 :1 Wry 61 ON 96 G 'i J