HomeMy WebLinkAboutR-94-0625J-94-682
8/23/94
RESOLUTION NO.
94- 625
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 SENIOR STAFF MARKETING, FOR THE
PERIOD COMMENCING OCTOBER 1, 1994 THROUGH
SEPTEMBER 30, 1995, AT A FEE IN THE AMOUNT OF
$45,000.00; ALLOCATING FUNDS THEREFOR FROM
THE INTERNATIONAL TRADE BOARD BUDGET, FISCAL
YEAR 1994-1995.
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 Senior
Staff Marketing Consultant, for the period commencing October 1,
1994 through September 30, 1995, at a fee in the amount of
'ATTACi-'�'s.E T(S'#
C C N" I A I i D I
CITY COVZMSION
YIEETING OF
SEP 0 8 1994
Resolution Na
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$45,000.00, with funds being allocated therefor from the
International Trade Board budget, Fiscal Year 1994-1995.
Section 3. This Resolution shall become effective
Immediately upon its adoption.
PASSED AND ADOPTED this 8th day of September , 1994.
SltPHEN P. CLARK, MAYOR
AT T
•
MA TY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
IRMA M. ABELLt
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
g. QUINN JONES, II
C Y ATTORNEY
M4583/IMA/bjr
94- 625
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vl zY do r1olew4e)s_M.M" 6 6WYM M
Name of party(ies) : _�`-l�tlll'c_� `1. hc•,�i����
Document. Type :
Purpose:. �(L,\Sc�S�i Svr ;:c�.� a� �� 4'�h� ( �v7'. 5f�-4
Dates):
Department:
Contact Person (Questions): min, �C�cn�>� t Telephone L
.� 1_
Contact Person (Delivery) s Telephone .�
EXPENSE/REVENUE $ ACCOUNT(s) /PROJECT(s ) 41a (l'r�`l-
AUTHORIZED BY RESOLUTION NO.
APPROVED BY: Budget Director
CIP Administrator
Comm. Dev. Director
(Attached) OR
(If General Funds)
(If CIP Funds)
(If C.D. Funds)
_2M All City requirements have been met and the
document(s) is (are) ready -or execution
" t. Director/Designee Init.
Dept. Director or Designee Date
gnature
ACM/Advisor Date
Signature
Date Rec. by Mgr's Off.:
Date Signed by Mgr.:
Attested by City Clerk:
Returned to. Dept/Office:
ORIGINAL TO CITY CLERK:
94- 625
PROFESSIONAL SERVICES AGREEMENT
s-�
This Agreement entered into this day of V ,
1994, 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").
R E C I T A L S
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 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 posseses those verbal and writing
skills essential for making oral presentations and preparing
written reports for presentation to tehcnical as well as non-
technical audiences; and r r# &-1UKr#1mb ruh FURTHER
AtVIEW, PLEASE IDENTIFY AS
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WHEREAS, the Consultant is multilingual; and
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 October 1, 1994
through September 30, 1995.
II. SCOPE OF SERVICES
Under the general supervision of the International Trade
Board, the Consultant will perform the services of Senior Staff
Marketing Consultant.
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.
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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.
VI. 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 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
International Trade Board
300 Biscayne Blvd. Way
Suite 1100
Miami, FL 33131
(305) 350-7891
CONSULTANT
Manuel J. Gonzalez
3127 SW 25th Terrace
Miami, FL 33133
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.
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94- 625
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 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
VII. 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
Records Law, Chapter 119, Florida Statutes.
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.
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VIII. 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 durin the performance of this Agreement and for a
46je (31
�,�
period of � 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.
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94— 625
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XII. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the parties herein
their heirs, executors, legal representatives, successors, and
assigns.
-XIII. 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, expense and liabilities incurred in the defense
of any such claims_, or in the investigation thereof.
XIV. CONFLICT OF 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 21 Article V), Dade
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94- 625
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.
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.
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XVII. NONDISCRIMINATION
CONSULTANT agrees that it shall/ not discriminate as to race,
Vie, '!)'�ihl.�i.�i 4
sex, color, cre,�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, � '� ."d' 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 had 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.
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
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94-- 625
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 of
such notices 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
Senior Staff Marketing 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
repesentations 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.
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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.
ATTEST:
MATTY HIRAI
City Clerk
WITNESS7ce
f / 1 /. l! ,
APPROVED AS TO FORM AND
CORRECTNESS:
A. QUINN JONES,IA I
City Attorney 041
P010/IMA/jn
CITY OF MIAMI, a municipal
Corporation of the State of
Florida
By
CESAR H. ODIO
City Manager
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94- 625
1
CAm22
1
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Kayor and Members
DATE August 12, 1994 FILE
of the CCommission
SUBJECT September 8, 1994
Commission Meeting
Cesar H. Odio
FROM City Manager
REFERENCES
ENCLOSURES
RECOMMENDATION
It is respectfully requested that
the City Commission adopt the
attached resolution allocating $45,000
to contract the services
of Mr. Manuel J. Gonzalez for the
period of October 1, 1994 to
September 30, 1995, to perform the
duties of Senior Staff
Marketing 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 qualifications to care out his assigned duties and
responsibilities,
E