HomeMy WebLinkAboutR-96-06191i
J-96-1033
8/20/96
RESOLUTION NO. 9 6 + 619
A RESOLUTION, WITH ATTACHMENT, AtrrH€2RIZING
THS CITY RMAGER, TO RXEC''M AN AG98MENT, IN
SUBWANTIALLY THE ATTACHED FORM, WITH 1MANML
J . GMZALEZ, CONSULTANT, NT, TO PERFORM THE
SERVICES OF CHIEF OPERATING OFFICER, FOR THE
INTERNATIONAL TRADE BOARD (" ITB") , FOR THE
PERIOD COMMENCING OCT+QBRR 1, 1996 THROUGH
SH:'a`nMER 30, 1997, AT A'FEE IN THE AMOUNT OF
$45, n0p.00; .ALLOCATING FUNDS THEREFOR FROM
THE ITD =GH`I`, FISCAL YRAR 1996-1997.
WHERRAS, the City of Miami. is committed to stimulating
economic development through international trade promotion; and
WIESREAS, the consultant possesses the requisite knowledge
and managerial skills to market Miami as a center of
international trade and investment;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF M:dMI , FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
there:j;.o and incorporated herein as if fully set forth in this
SecpL ion .
'Section 2. The City Manager is hereby authorized to
execute an agreement, in substantially the attached form, with
Manuel J. Gonzalez, consultant, to perform the services of Chief
Opoxating Officer for the International. 'Trade Board ("ITB") , for
ATTACHMENT (S)
I CONTAINED �
XEETWC or
SEP IX V96
Ft"Ohniift IV*,
96— 619
the period commencing October 1, 1996 through September 30, 1997,
at a fee in the amount of $45, 000. 00, with funds therefor hereby
allocated from the ITB Budget, Piscal Year 1996-1997.
Section 3. This Resolution shall become effective
itmnediately upon its adoption.
PASSED AND ADOMD this 12th day of _.Se tember—. 1996.
OLLO, MAYOR
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PARED ,,WD RPPROVEM BY
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AS AA1' ` CITY AT,Tt' , y
.AF1aRCyVRD AS TO FORM AND CORRSCMEaS:
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96— 619
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M ESS MM SERVICES R' C10+IENT
This Agreement entered into this l st day of October, 1996, by and between the CITY OF
hHA<NG, a municipal corporation of the State of Florida (hereinafter "CITY") and MANUEL. r.
t ONZALEZ, an individual (hereinafter "CONSULTANT").
E-C L A LI
WHEREAS, the City of Miami 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
impl.t menting an international business development progrant constituted by the following
projec* 1) trade missions, trade shoves and seminars; 2) creation and publication of an
international trade marketing program to market Miami to overseas businesses; 3) preparation of
+e+conocric profiles for investors; and 4) development of the City's commercial/industrial distrit;ts
for international trade -related uses; and
WHEREAS, the CONSULTANT is familiar with the computer programs for creating
intemarional trade data, graphing and charting findings, and possesses the requisite professional
and academic credentials to effectively carry out the herein above -fasted projects; and
Wi[EREA;S, the CONSULTANT possesses those verbal and writing skills essential for
making oral presentations and preparing written reports for presentation to technical as well as
non-!=,hnical audiences; and
E FX-A.S, the CONSULTAlti'T is multilin teal; and
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WHEREAS, the CONSULTANT possesses a basic working knowledge of international
economic; and trade policy issues and U.S. foreign commercial policy.
NOW,71W.REFORE, in consideration of the mutual coven.,in3s and obligations herein
conWrred, said subject to the terms and conditions hereinafter stated, the parties hereto understand
and agree as follows:
L TERM
Ihe terms of this Agreement shall be from October 1, 1996, through September 30 , 1997.
I. SCOPE OF !ER VICES
Cinder the general supervision of the International "Trade Board, the Consultant will
pedfonn the services of Chief' Operating Officer.,
1I3L EAT ATION AEI jE S TIET)UT�E
'The City rliatll pay the CONSLU.TANT, as compensation for the services perfonned, a
monthly fee in the amou, nt of $ .31750.00.
�I. ff�—RLF J MA—h �_EVALU
The CITY shall evaluate the CONSULTANT`s performance semi-annually during the term
of the Agreement.
Both parties shall comply with all applicable taws, ordinances and codes of federal, state,
aid local governments.
A. All notices or other communications whiftt shall or may be given pursuant to this
Agroomept shall be in v riting and shall be delivered by personal service or by registered mail
• cessod to the outer porty at the address indicated herein or as the same may be changed froth
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time to time. Such notice shall be deemed given on the day on which personally served or, if
by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier.
ci1A a N.ik- I CONSULIA---T
International Trade Roared Manuel J. Ctonvlez
300 Biscayne Blvd. Way 3271 S.W. 16th Lane
Suite 1100 Miami, FL 33145
Miwni, FL 33131
(305) 350-7891
B. Title and 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 terns or
conditions contained in any attached documents, the terms of this Agreement shall rule.
D. No waiver or breach of any provision of this Agreement small constitute a waiver of
any subsequent breach of the sane 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
unenfoarceable under the lave of the State of Florida or the City of Miami, such provisions,
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 laves, then the same shall
be deemed severable, and in either event, the remaining terms and provisions of this Agreement
shall remain umodified and in full force and effect,
M—. WNFP, Y]II? (}F D Q il✓NT "
All documents developed by CONSULTANT under this Agreement shall be delivered to
C1W by stria CONSULTANT upon completion of the services required pursuant to paragraph
H hereof and shall become the property of CITY, without restriction or limitation on its use.
CONSULTANT agroes that all documents maintained and generated pursuant to this contractual
relatic udlip between CITY and CONSULTANT shall be subject to all provisions of the Public
Records Law, Chapter 119, Florida Statutes.
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It is Nrther understood by and between the parties that any information, writings, maps,
cantract doe'urnents, reports or any other matter whatsoever which is given by CITY to
CONSULTANT pursuant to this Agreement sharp at all times restrain the property of CITE' and
A411 not bey usod by CONSULTANT for any other purposes whatsoever without the written
consent of CITY.
�x NDES�,JCtiABi�.IT., ,
The obligations usulertaken by CONSULTANT pursuant to this Agreement shall not be
delegated or assigned to any other person or firm useless CITY shall first consent in writing to
the performance or assigncxtent of such. service or any part thereof by another person or firm.
M. A�LTII�I7' RIGHTTS
C1'TY reserves the right to audit the records of CONSULTANT at any time during the
perfol mutce of this .Agreement and for a period of three (3) years after final payment is made
sander this, Agreement,
RA -QF-- AGRI:EMMNT
CONSUVrANT warrants that it has not employed or retai►.ed any person employed by
the CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed
pay shy Parwn employed by the CITY any fee, commission percentage, brokerage fee, or gift
of any kind contingent upon or resulting from the award of this Agreement.
XL 5jR jJQN QLAGREEMEN'T
nis ,Agreement sshcdl be construed and enforced according; to the laws of the State of
Florid&
" 1his Agreement shall be binding upon the parties herein, their heirs, executors, legal
MWOWWM, stt CCOMOrss, and assigns.
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XIII. INDFMNIFI.1 I
The CONSULTANT shall indemnify and save the CITE! harmless from and against any
and all claims, liabilities, losses, and causes of action, which may arise out of the
CONSULTANT'S activities under this Agreement, including all other acts or omissions 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 from and against all costs, attom.ey's
fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation
thereof.
XIViVFLIf`T OF I_'EREST
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
interlasts, direct or indirect, with CITY. CONSULTANT further covenants that, in the
performance of this Agreement, no person having such conflicting interest shall be employed.
Anv 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 lazes of the City of Miami (City
of Miami Code Chaptesr 2, Article V), Dade County Florida (lade County Code Section 2-11.1)
and ..the State of Florida, and agrees that it shalt fully comply in all respects with the forms of
said la ws.
XV, INMD" 'Co CTO
CONSULTANT and its employees and agents shall be deemed to be independent
contractors, and not agents or employees of CITY, and shall not attain any rights or benefits
under the Civil Senhoe or pension Ordinances of CITY, or any rights generally afforded
classified or unclassified employees; further he/she shall not be deemed entitled to the Florida
W6rkers' Qompensation benefits as an employee of CITY.
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XIII. INDFMNIFI.1 I
The CONSULTANT shall indemnify and save the CITE! harmless from and against any
and all claims, liabilities, losses, and causes of action, which may arise out of the
CONSULTANT'S activities under this Agreement, including all other acts or omissions 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 from and against all costs, attom.ey's
fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation
thereof.
XIViVFLIf`T OF I_'EREST
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
interlasts, direct or indirect, with CITY. CONSULTANT further covenants that, in the
performance of this Agreement, no person having such conflicting interest shall be employed.
Anv 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 lazes of the City of Miami (City
of Miami Code Chaptesr 2, Article V), Dade County Florida (lade County Code Section 2-11.1)
and ..the State of Florida, and agrees that it shalt fully comply in all respects with the forms of
said la ws.
XV, INMD" 'Co CTO
CONSULTANT and its employees and agents shall be deemed to be independent
contractors, and not agents or employees of CITY, and shall not attain any rights or benefits
under the Civil Senhoe or pension Ordinances of CITY, or any rights generally afforded
classified or unclassified employees; further he/she shall not be deemed entitled to the Florida
W6rkers' Qompensation benefits as an employee of CITY.
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CITY retains the right to terminate this Agreement at any time prior to the completion of
the services required pursuant to paragrtliph 11 hereof without penalty to CITY. In that event,
malice of termination of this Agreement shall be in writing to CONSULTANT, who shall be paid
for those services perfonned prior to the date of its receipt of the notice of termination. In no
case, however, will CITY pay CONSULTANT an amount in excess of the total sum'provided
by this Agreement.
It is hereby understood by and between CITY ertd CONSULTANT that any payment
made in accordanc¢ with this 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 s1Fat1 in no way, be obligated and shall not pay to CONSULTANT any sum
whatsoever.
XV11,
CONSULTANT agrees that it shall not discriminate as to race, sex, color, religion, age,
*narital status, national origin or handicap in connection with its performance under this
.A.greel rent.
Furthennore, that no otherwise qualified individual shall, solely by reason of his/her race,
sexy 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.
�,_P�N'OitY'l'1� ��N,�1' CO11�L1fANC1r
CONSULTANT acknourledges that it ha been furnished a copy of Ordinance No. ' 100G2,
the Minority procurement Ordinance of the City of Miami, and agrees to comply with all
,applicable substantive and pr0ce4ur4 provisions therein, including any amendcnonts thereto.
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XIX.,CONTINGENCY CLAUSE
Funding for this Agreement is contingent on the availability of funds and continued
authorization for program activities and is subject to amendment or termination due to lack of
funds or authorization, reduction of funds, and/or change in regulations.
X .DEFAULT PRO VISION
In the went 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, theca CITY, at its sole option, upon %vritten notice to COTMSL{LTA*,NT of such an alleged
default and an opportunity to cure such wi alleged default for a period of ten (10) days after 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
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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 -visions herein contained, shalt be forthwith returned to CITY.
XXI. ENTIRE AGREEMENT
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 forth
the nights, duties, and obligations of each to the other as of its date. Any prior agreements,
promises, negodations, or representations not expressly set forth in this Agreement are of no force
oAr' effect,
No amendments to this Agreement shall be binding on either party unless in writing and
signed by bath parties.
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IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
by the respective officiots thereunto duly authorized, this day and year first above written.
CITY OF MIAMI, a municipal
Corporation of the State of
Florida
B
CESAR H. OUIO
City Manager
CONSULTANT:
M.AN'UEL 1. GONZALEZ
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IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
by the respective officials thereunto duty auihorixed, this clay and year first above written,
CITY OF MIAMI, a municipal
Corporatism of the State of
Florida
ATT FST:
WALTlER FOLivtAN
City Clerk
WITNESSES:
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APPROVED AS TO FORM AND
CORRECTNESS:
A. QUINN ]ONES, Hi
City Attorney
P003/i ti
By _
CESAR 11. OD10
City Martager
CONSULTANT:
CITY OF MlAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Uonorablo Mayor and Members a rF' 08/19/96
FILE
of the city Co mission
SMECT
September 1.0, 1996
Con nission Meeting
Cesar H. Otiio
FA:JAR : City Manager REFERENCES
ENCLOSURES'.
It is respectfully requested that the City Commission adopt the
'attached resolution allocating $45,000.00 to contract the services
of Mr. Manuel S. Gonzalez for the period of October 1, 1996 to
September 30, 1997, to perform the duties of Chief operating
Officer Consultant. Funds have been identified in the International
,.' Trade Board Budget,
?..
After screening of resumes and intervies done by an appointed
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comni.ttee of the .Board in 1994; Mr. .Manuel J. Gonzalez was selected.
for €paid position. He has proven to have the qualifica.tzons Ito
care oat his assigned duties and responsibilities.
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C17Y OF MIAMI , FLORIDA
mrER-oFFTCS MEMORANDUM
TO: nanny Gonzalez DATE: 08/12/96
International Trade Board
FILE: K-9�5)a26�.
FROM: Olga Rawirez-Sei jas
Assistant: City Attorney
SU3BJECr: MAN'UEL J. G0NZA7LSZ/PSA/Chief0per.0fc
The above -referenced agreement has received initial Law
Department a toval subject to the following:
1. City Commission approval if amount
exceeds $4, 500.00 . ($3.0, 0OU for
public works or. improvements)
_,... 2. Proper execution by the parties
(a) If a corporation
M Corporate resolution (seal)
(ii) Signature by authorized
corporate officer attested
to by corporate. secretary (seal)
(b) If not a corporation.
J (i.) Signature of two witnesses
„ ✓ 3. Final review and approval by the Insurance Manager.
." 4. Final review and approval by the City Attorney.
S . Attack -fluent of all the necessary exhibits
(i.e. those exhibits referred to within the
agreement), if any.
_y. a .. Revi.,s ions as noted.
Enclosure(s)
WHEN RETURNING FOR PMTHER
" REVIEW, PLEASH IDENTIFY AS
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DOCUMENT LOG FORME /C ITV MANAGER'S OFFICE
Name of party(ies) :
Document type:
Purpose: o ssl c ' _'.ryliys
0 Au r,IS MO, hVj_ A 5SJ
F;a'c i I I ty :
Date( s) : -odi .,�. IC11" ._. "
Department � � IM AI .
Contact person(ques-tions i ;+,r1 --------- Tel.
Contact person(del ivery) : Tel
EXPENSE/R£V'EMUE .$ ACCOUPIT('s)/PRLIJECT(s) " 2-108 E 2-°' 0
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
do+cusent(s) Ware) ready for execution
Dept. Director/Designee
DEPT. DIRECTOR OR DESIGNEE 11.49 �.�-- flats
7g a ire
--Date
AsCli/advisor Date
Date Rec.by Hgr's. Off.:
Date 09ned by Mqr.:
.Attested by City Clerk:
Returned to dept/office:
if 61RISINAL TO CITY CLEM.
IREV. 9/20/91.
CITY OF MIAMI. FLORIDA
Aw w ARL
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INTERI-OFFICE MEMORANDUM
TC) Honorable Mayor and Msmbers DATE 08/19/96 FILE
of the City Commission
SMECT:
September 10, 1996
Commission Meeting
Cesar
PROM: C-ity REFERENCES
ENCLOSURES
"ION
it is respectfully requested that the City Commission adopt the
attached re ' solution allocating $45,000.00 to contract the services
of Mr. Manuel J. Gonzalez for the period of October 1, 1996 to
September 30, 1997, to perform the duties of Chief. operating
Officer Consultant. Funds have been identified in the International
Trade Board Budget.
After screening of resumes and intervies done by an appointed
conctittee, of the Board in 1994; Mr., Manuel J. Gonzalez was selected
for said position. He has proven to have the qualifications to
care out his assigned duties and responsibilities.
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96- 619