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HomeMy WebLinkAboutR-95-08421 t� J-95-1020 11/30/95 9 B— 842 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MANUEL J. GONZALEZ, CONSULTANT, TO PERFORM THE SERVICES OF CHIEF OPERATING OFFICER, FOR THE INTERNATIONAL TRADE BOARD ("ITB"), FOR THE PERIOD COMMENCING NOVEMBER 1, 1995 THROUGH SEPTEMBER 30, 1996, AT A FEE IN THE AMOUNT OF $41,250; ALLOCATING FUNDS THEREFOR FROM THE ITB BUDGET, FISCAL YEAR 1995-1996. WHEREAS, the City of Miami is committed to stimulating economic development through international trade promotion; and WHEREAS, 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 MIAMI, FLORIDA: Section 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. 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 Operating Officer for the International Trade Board ("ITB"), for iATTACH ENT (S) CONTAINED { JCITY 'CobnMSION MEETING OF DECO 7 1.9.5 Resolution No. 95- 842 the period commencing November 1, 1995 through September 30, 1996, at a fee in the amount of $41,250, with funds therefor hereby allocated from the ITB Budget, Fiscal Year 1995-1996. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 7th day of n _ _ m6 r 1995. STEPkEN P. CLAR , MAYOR APPROVED AS TO FORM AND CORRECTNESS: A. Q NNOY S, III CITY ATT W465:CSK 95- 842 i P ` FR FIE��IOSEttVIC1ES AGRE>Ei1+a�� This Agreement entered into this 1st day of November, 1995, by and between the CITY OF MIAMI, a municipal corporation of the State of Florida (hereinafter "CITY") and MANUEL J. GONZALEZ, an individual (hereinafter "CONSULTANT"). &E-CLTAL,- WHEREAS, the City ofMiarni 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 international business development program constituted by the following projects: 1) trade missions, trade shows and seminars; 2) creation and publication of an international trade marketing program to market Miami to overseas businesses; 3) preparation of economic profiles for investors; and 4) development of the City's commercial/industrial districts for international trade -related uses; and WHEREAS, the CONSULTANT is familiar with the computer programs for creating international trade data, graphing and charting findings, and possesses the requisite professional and academic credentials 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 non -technical audiences; and WHEREAS, the CONSULTANT is multilingual; and -I- ,9N RFT11Qk"Nn FnR FURTH .,i r', La A IDENTIFY AS 95842 WHEREAS, the CONSULTANT possesses a basic working knowledge of international economic and trade policy issues and U.S. foreign commercial policy, 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 follows: I. -TERM The term of this Agreement shall be from November 1, 1995, through September 30 , 1996. M SCOPE OF SERVICES Under the general supervision of the International Trade Board, the Consultant will perform the services of Chief Operating Officer. III. COMPENSATION AND FEE SCHEDULE The City shall pay the CONSULTANT, as compensation for the services performed, a monthly fee in the amount of $3,750. IV. PERFORMANCE EVALUATION The CITY shall evaluate the CONSULTANT's performance semi-annually during the term of the Agreement. V. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS Both parties shall comply with all applicable laws, ordinances and codes of federal, state and local governments. Vl. GENERAL CONDITIONS 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 the other party at the address indicated herein or as the same may be changed from 842 t -2- 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. CITY OF MIAMI CONSULTANT International Trade Board Manuel J. Gonaziez 300 Biscayne Blvd. Way 3127 S.W. 25th Terrace Suite 1100 Miami, FL 33133 Miami, 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 terms 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 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, 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. Iy_,I OWNERSHIP OF DOCUMENTS All documents developed by CONSULTANT under this Agreement shall be delivered to CITY by said CONSULTANT upon completion of the services required pursuant to paragraph II hereof and shall become the property of CITY, without restriction or limitation on its use. CONSULTANT agrees that all documents maintained and generated pursuant to this contractual relationship between CITY and CONSULTANT shall be subject to all provisions of the Public 95-- 842 Records Law, Chapter 119, Florida Statutes. -3- It is further understood by and between the parties that any information, writings, maps, contract documents, reports or any other matter whatsoever which is given by CITY to CONSULTANT pursuant to this Agreement 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. V1II. NONDELEGABILITY The obligations undertaken by CONSULTANT pursuant to this Agreement shall not be 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. IX. AUDIT RIGHTS CITY reserves the right to audit the records of CONSULTANT at any time during the performance of this Agreement and for a period of three (3) years after final payment is made under this Agreement. X. AWARD OF AGREEMENT CONSULTANT warrants that it has not employed or retained any person employed by the CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person 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. XI. CONSTRUCTION OF AGREEMENT This Agreement shall be construed and enforced according to the laws of the State of Florida. XII. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. 95- 842 .4- X11L INDEMNIFICATION The CONSULTANT 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 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, attorney's fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof XIV. CONFLICT INTEREST 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, direct or indirect, with CITY. CONSULTANT 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 Miami Code Chapter 2, Article V), Dade County Florida (Dade County Code Section 2-11.1) and the State of Florida, and agrees that it shall fully comply in all respects with the terms of said laws. XV. INDEPENDENT CONTRACTOR 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 Service 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 Workers' Compensation benefits as an employee of CITY. 95- 842 .5. XVI:_TERMINATION OF AGREEMENT CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to paragraph II hereof without penalty to CITY. In that event, notice of termination of this Agreement shall be in writing to CONSULTANT, who shall be paid for those services performed 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 and CONSULTANT that any payment made in accordance 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 shall in no way be obligated and shall not pay to CONSULTANT any sum whatsoever. XVII. NONDISCRIIVIINATION CONSULTANT agrees that it shall not discriminate as to race, sex, color, religion, age, marital status, national origin or handicap in connection with its performance under this Agreement. Furthermore, that no otherwise 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. XVIII. MINORITY PROCUREMENT COMPLIANCE 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 substantive and procedural provisions therein, including any amendments thereto. 95- 842 -6- 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. XX. DEFAULT PROVISION 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 and an opportunity 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) 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 provisions herein contained, shall 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 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 or effect. XXII. AMENDMENTS No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. c IN WITNESS 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 By CESAR H. ODIO City Manager 95" 842 TO: Honorable Mayor and Members 11/17/95 of the City Commission GATE : FILE December 7, 1995 susiECT : Commission Meeting. It is respectfully requested that the City Commission adopt the attached resolution allocating $41,250 to contract the services of Manuel J. Gonzalez for the period of November 1, 1995 to September 30, 1996, to perform the duties of Chief Operating Officer _ Consultant. Funds have been identified in the International Trade Board Budget. BACKGROUND After advertising the position in the Miami Herald, screening of resumes and interviews done by an appointed committee of the Board; Mr. Manuel J. Gonzalez was selected for said position. He has the t qualifications to care out his assigned duties and responsibilities. V AW-4 95- 842