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HomeMy WebLinkAboutR-96-0620J-96-1035 S/2O/96 RRSOLUI'ION NO. 9 6 6 2 0 A RESOLUTION, WITH ATTACHMENT AUTHORIZING THE CITY KANAGRR 7-0 EXECUTE AN AGREM4ENT , IN SUBSTANTIALLY ILIM ATTACKHD F()RM, WITH CIMIS'TIMi FMERE, CONSULTANT, To PERFORM THE SERVICES OF ADMINISTRATIVE ASSISTANT, FOR THE INi HRNtATIONAL TRADE BOARD (" ITB") , FOR THE PBRIOD COMENCING OCTOBE R 1, 1996 THROUGH SEPTEMER, 30, 1997, AT A FEE IN THE AMOUNT OF 0.1.3, 0 00.0 A ; ALLOCATING FUNDS THEREFOR FROM THR ITE BUDGET, FISCAL YEAR 1996-1.997. kWREAS, the City of Miami is con witted to stimulating economic development through international trade promotion; and WHEREAS, the consultant possesses the requisite knowledge ,and administrative skills to support the efforts of the Internation' al Trade Board; 1JOW, TEEREFORE, HE IT RESOLVED BY THE COMMISSION OF THE CITY OF Mimi, FLORIDA: , Section 1. The recitals and findings contained in the „Preanible to,. this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized to execute an agreement, in substantially the attached form, with C hriatina Fradere, consultant, to perform the services of Administrative A ssiatant for the International Trade Board MEXT* �"O Ci1P LATTACHMENT (S)SEP 3 ("ITS*), for the period commencing October, 1, 1996 through September 30, 1997, at a fee in the amount of $23, 000. 00, with funds therefor thereby allocated from the ITS Budget, Fiscal Year 1996--199 F. Section 3. This Resolution shall become effective iunediately upon its adoption. PASSRD AND ADOPTED this 1.2th day of SeRteniber 1996. 0 OLLO, MAYOR A=ST z UAL cxrz CLERK PREPARED AND APPROVED BY: O'er IREZ-SSZJ 5 Uhl 'ASSISTANT CITY ATTORNEY APF'EDVS1? AS TO , FO14M .AND I 2- S: 96- 620 T EMITHA►RY tom'. GYM. N Arill ENT — This Agreement entered into this 1 st day of October, 1996, by and between the CITY OF MIAMI, a municipal corporation of the State of Florida (hereinafter "CITY") and CHRISTINA pRADERE, an individual (hereinafter "CONTRACTOR"). WHEREAS, the City of Miami Commission has entnrsted the, City of Miami International Trade Board (hereinafter 'BOARD") with the task of prcmoting international trade and investment within the City of Miami; and WlF ERFA,S, in furtherance of this obligation, the Baord is engaged in formulating and implementing an international business development program; and WDEREA.S, the formulation and implementation of said program requires the engagement of a contractor able to perform the following duties: assist in specialized administrative or technical sonar and maintain records of financial records and data entry via computer terminal, assist with Board meetings, agendas, minutes and other duties assigned by the Chief Operating Officer'. 'V+'' MREAS, the CONTRACTOR is familiar with the computer programs and possesses the! requisite professional to effectively carry out the hereinn above -listed duties; and WHEREAS, the CONTRACTOR is multilingual. NOW, THEREFORE, in consideration of the mutual covenants and obiigationss herein tontatined, and subject to the terms and conditions hereinafter stated, the parties hereto understand and' agree as follows: L tc term: of this Agreement he from October l st through S epter►ther 30, 1997. t fr?. ii�.�. JN'•:,�;1 TR�.i i�.1��'�f' �. d II` -.1'E OF SER-YEn. Under the general supervision of the International Trade Board, the CONTRACTOR will perform the services of Administrative Assistant. The City shall pay the CONTRACTOR, as compensation for the services performed, a monthly fee in the amownt of $ 1,917.00. I/. FIRFOR—K& E E ALLIA�N The Cn Y shall evaluate the CONTRACTOR's perfonnance semi-annually during the term of the Agreement. Y _CO &LIANCE WrM 1"EDEge?1l_LL CTA'f E1 X,C9GAI:.L_ Both parties shall Comply with all applicable laws, ordinances and codes of federal, state and local governments. A. ! EI+iERAL CO?MI.TIONS A. All notices or other communications which shall or may be given pursuant to this Agreement sball be in writing and shall be delivered by personal service or by registered mail addrused to the other party at the address indicated herein or as the same may be "hanged from time to time. Such notice shall be deemed given on the day on which personally served or, if by mail, can the fifth day after being posted or the date of actual m. eipt, whichever is earlier. International Trade Board Christina Fradere 300 Biscayne Blvd. Way 421 S. '6rd'. 20 Rd. Suite 1100 Miami, FL 33129 Miami, :FL 33131 (305) $54-5884 (305) 350.7891 R. Title and paragraph headings are for convenient reference and are not a past of trills Agreement. -2� C. In the event of conflict between the ten-ns of this Agreement and any terms or conditions contained in arty attached documents, the terms of this Agreement shall 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 unenforceable !under the law of the State of Florida or the City of Miami, such provisions, parWaphs, 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 shalt be deemed severable, and in either event, the remaining terms and provisions of this Agreement shrill remain unmodified and in full force and effect. �III� C VdP1ER SI;UP O� I)O 'iJNil✓N T'S All documents developed by CONTRACTOR under this Agreement shall be delivered to C-rrY by said CONTRACTOR upon completion of the services required pursuant to paragraph U hereof and shall become the property of CITY, without restriction or limitation on its use, CONTRACTOR agrees that all documents maintained and generated pursuant to this contractual relationship between CITY and CONTRACTOR shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any information, writings, maps, contract docucne:ts, reports or any other matter whatsoever which is given by (;ITY" to CONTRACTOR pursuant to this Agreement shall at all times remain the property of Crr'Y and shall not he used by CONTRACTOR for any other purposes whatsoever without the written consent of CITY. )fflLl. XQNjL93,L E ABILITY: The obligations undertaken by CONTRACTOR pursuant to this Agreement shall not be t 96i delegated or assigned to any other person or firm unless CITY shall first consent in writing to the performance or assignment of such service, or any part thereof by another person or firm. d3- iX— 1LPL1 W-Q1�i r CITY reserves the right to audit the records of CONTRACTOR at any time during the performance of this Agreement and for a period of three (3) years after final payment is made Bander this Agreement. h�-AA!V, A-RI3_QF AGREEMENT CONTRACTOR warrants that it ha.5 not employed or retained any person employed by the ClTv, to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by the CTT it' any fee, commission percentage, brokerage fee, or gift cf any kind contingent upon or resulting from the award of this Agreement. XLCON;STRUC N )F_AGREEMENT This Agreement shall be construed and enforced according to the laws of the State of Florida. X'II. SUCCESSORS AND A SIQNS This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. 3LIU._INDEM NIR AT -TON The CONTRACTOR 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 r CONTRAC'TOWs activities under this Agreement, including all other acts or omissions to act of the CONTRACTOR, 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, attorneys fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation. tltexeo�: (/1�� {" tik 3 .4.. +CONSTRACTOR is aware of the conflict of interest laves of the City of Miami (City of Miami Code Chapter 2, Article V), Dade County Florida (Dade County Cade Section 2-11.1) and the State of Florida„ and agrees *tat it shall fully comply in all respects with the terms of said laws. ?LL,_LNDEPENDEATT C NTRACTOR. CONTRACTOR, as a temporary employee, shall be deemed to be an independent contractor', and not agents or employees of CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of CITY, or any rights generally afforded classified or unclassified employees; further he/she shall not be decined entitled to the Florida Workers' Compensation benefits as an employee of CITY. 2VI:_TE1 II TLQN CIF ACiI'Z.l✓EXIENT CITE' retains the right to terminate this Agreement at any time prior to the completion of the set -vices required, pursuant to paragraph H hereof without penalty to CITY. In that event, notice of termination of this Agreement shall be in writing to CONTRACTOR, who shall be paad for those services performed prior to the date of its receipt of the notice of termination. In no case, however, will CITY pay CON -TRACTOR an amount in excess of the total sum provided by this Agreement, It is hereby tinderstood by and between CITY mid CONTRACTOR. that any payment made in accordance vwth this Section to CONTRACTOR shall be made, only if said CON"I'RACTOR is not in default under the terms of this Agreement. If CONTRACTOR. is itit defat.4t, then CITY shall in no way be obligated and shall not pay to CONTRACTOR any sum Whatsoever. CONTk'iACTOR. agrees that site shall not discriminate as to race, sex, color, religion, age, nterital status, rational origin or handicap in connection with its peiformance under this V Agreement. -5- X I I !CO.. NTJB�N 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, andfor change in regulations. XIX._DEFA'UL!-P 0YISIQN In. the event that CONTRACTOR shall fail to comply with each and every terra 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 CONTRACTOR of such an alleged default and an opport;mity to cure such an 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) daris, then, if such cure is not commenced m ithin such ten (10) days period and diligently completed theresRer), may cancel and terminate this Agreement, and all payments, advances, or other compensation paid to CONTRACTOR by CITE'' while CONTRACTOR was in default of the provisions herein contained, shall be forthwith returned to CITY. K2 E,N I`1RE AC�REE1+1 'T` This instrument and its attachments constitute the sole and only Agreement of the parties hereto relating to the services of Crwit Specialist Consultant for the Board and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force M or effect. ��CI. z�1�rIEI�p51e�IEP�'x'S No amendments to this Agreement shall be binding on either panty unless in writing and signed by both parties. r2 IN WITNESS WHEREOF. the parties hereto have caused this instrument to he executed ,by the respective officials thereunto duly authorized, this clay and year first above written. CITY OF MIANH, a municipal Corporation of the State of Florida ATTEST, i� &:M City Clerk I i WITNESSES. I "PROVED AS TO FORM AND C'OFJWCTNESS: A. QUINN JONES, "M City A torney j i POOMMMn 9 1 3 4. By CESAR H. ODIO City Manager CONTRACTOR: C:HRISTINA PRAUERE �4 _6. FIN WITNESS WHEPEOF, Cite parties hereto have caused this instrument to be executed 4 by the respective officials thereunto duly authorized, this day .and year first above written. CITY OF MIAM,I, a municipal Corporation of the State of i Florida ATTEST: WAL TER FOEMAN City Clerk APPROVED AS TO FORM AND CORRECTNyESS: A. QUINN J ONES, M City Attorney By _ CESAR H. ODIO City Manager CONTRACTOR: � #1 / r CIOISTINA PRX6ERE 96- 620 r: CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM rc� : ik orwrable Mayor and Members DATE : 08/19/96 FILE i of the City Commission I Sl18JEGi September 10, 1996 Commission Meeting Cesar: S . olio FROM City Manager REMAENCES . ENCLOSURES It is respectfully requested that the City Commission adopt the attached resolution allocating $23,000.00 to contract the temgorary 'services of Ms. Christina Pradere for the perm of October 1; 1996 to September 30', 1997, to perform the duties of Administrative Assistant. Funds have been identified in the Intetnational Trade Snare Budget. Ms. C:hristina Pradere was selected for said position in September of 1995. She has proven to have the abilities needed to care out her assigned duties and responsibilities. j CITY OF MIAMI, FLORIDA INTER -OFFICE MSMORAANDUM TO: Manny Gonzalez DATE 08/1.2/96 International Trade Board FROM: Olga. Ramirez-Sei jas FILE: iC-9600259 Assistant City Attorney SUSiRCI': C HRISTINA PRAaERE/PSA .� ..._ The above -referenced agreement has received initial Lacs Department approval subject to the following: I. 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.) (ii) Signature by authorized corporate officer attested to by corporate secretary (seal) (b) If not a corporation 0.) Signature of two witnesses !f 3, Final review and approval by the Insurance Manager.. 4. Final rievi.ew and approval by the City Attorney. 5. Attachment of all the necessa; , +- (i.e. those exhibits referred to within the agr. Bement) , , if any,, 6. Revisions as noted. Enclosure (s) WIMN RETURNING FOR FURTHER REVIEW, PLEASE IDgNTIFY AS K-9600259 DOCUMENT LOG FORM CITY MANAGER'S OFFICE Name of party(tes): I. uin J. �d —,T Doc4ment type: 'Purpose: Facility: Datof 5) rx f) Department; Contact, person (ques ti ons) Tel .:3-t) Contact person(delivery): Tel.: if EXPENSE/REVENUE Authorized by Resolution No. (ATTACHED) OR APPROVED BY: Budget Director (IF GENERAL FUNDS) CIP Adwi,fl!lstrator (IF CIP FUNDS) COMM-Dev.Director or C.D. FUNDS) All City requirements have been met and the docuuentis),Ware) ready for execution Dept. Mrector/0es1gnee—TR—fT.—. OEPT. DMECTOR OR DESIGNEE Date re ACfAdbiser Date Date Rec.by Mqr's. Off.: Date signed by 149r.: Attested by City Clerk; 0919TWAL'T0,CITY CLERK: REV. 9/90/91 960- 620 CITY OF MIAMI. FLORDA f%A INTER -OFFICE MEMORANDUM Hoborable Mayor and Members DATE 09/19/96 FILE of the city Comission StIWECT September 10, 1996 Conmission Meeting cesa 0 ORW Ci tylVer REFERENCES ENCLOSURES: Xt is respectfully requested that the City Comission adopt the attached resolution allocating $23,000-00 to contract the tealporary serv-ices of Ms. Christina Pradere for the period of October 1, 1996 to September 30, 1997, to perform the duties of Administrative Assistant, Funds have been identified in the International Trade Board Budget. Ms. 0wist:ftia Pradere was selected for said position in September ref, 1995. She has proven to have the abilities needed to care out her assigned duties and,responsibilities. 96 T'j -,J - 96- '620