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HomeMy WebLinkAboutR-94-0866J-94-988 11/21/94 RESOLUTION NO. 94- 866 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH ANDREA ROTH, FOR EXECUTIVE SECRETARY SERVICES FOR THE INTERNATIONAL TRADE BOARD, IN AN AMOUNT NOT TO EXCEED $30,000, FOR THE PERIOD OF NOVEMBER 1, 1994 THROUGH SEPTEMBER 30, 1995; ALLOCATING FUNDS THEREFOR FROM THE FISCAL YEAR 1994-95 BUDGET OF THE INTERNATIONAL TRADE BOARD. WHEREAS, the City of Miami is committed to stimulating economic development through international trade promotion; and WHEREAS, Andrea Roth possesses the requisite knowledge and administrative skills to support the efforts of the International Trade Board; 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 Andrea Roth, for Executive Secretary Services for the International Trade Board, in an amount not to exceed $30,000, for the period of November 1, 1994 through September 30, 1995, CITY COMMISSION MEETING or DEC P 1 1994 Resolution No, 9 4 - 866 with funds therefor hereby allooated from the Fiscal Year 1994-95 Budget of the International Trade Board. Seotion 3. This Resolution shall become effeotive immediately upon its adoption. PASSED AND ADOPTED this 1st day of December 1994. S PHEN P. CLARK MAYOR ATTEST: �'. MATTY-nRAI i CITY CLERK i PREPARED AND APPROVED BY: i 0 GA MIREZ-SEIJ ASST ANT CITY AT RNEY APPROVED AS TO FORM AND CORRECTNESS: ,e7 J I A n A.-F QUT N JO ,"' ITT CITY ATTO.. BSS:M4777 7 94- 866 wa;V -JAR This Agreement entered into this 1 st day of November, 1994, by and between the CITY OF MIAMI, a municipal corporation of the State of Florida (hereinafter "CITY") and ANDREA ROTH, an individual (hereinafter "CONTRACTOR"). RECITALS 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; and WHEREAS, the formulation and implementation of said program requires the engagement of a contractor able to perform the following duties; organization of the offices, preparation of minutes and correspondence, filing, translation of documents, and other secretarial duties ; and WHEREAS, the CONTRACTOR is familiar with the computer programs and possesses the requisite professional credentials to effectively carry out the herein above -listed duties; and WHEREAS, the CONTRACTOR is multilingual. 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; 1995. I. TERM The term of this Agreement shall be from November 1, 1994, through September 30, WHEN RETURNING FOR FURTHER REVIEW, PLEASE IDENTIFY AS 1 Under the general supervision of the International Trade Board, the CONTRACTOR will perform the services of Executive Secretary. III. COMPENSATION AND FEE SCHEDULE The City shall pay the CONTRACTOR, as compensation for the services performed, a monthly fee in the amount of $2,500. IV. PERFORMANCE EVALUATION The CITY shall evaluate the CONTRACTOR's performance quarterly 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. 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 eAier. CITY OF MIAMI International Trade Board 300 Biscayne Blvd. Way Suite 1100 Miami, FL 33131 Andrea Roth 8610 S.W. 20th Street Miami, FL 33155 (aos) aL'i-s6II 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. 94-- 866 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 provision, paragraph, sentence, word or phrase 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 provision, paragraph, sentence, word or phrase 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. VII. OWNERSHIP OF DOCUMENTS All documents developed by CONTRACTOR under this Agreement shall be delivered to CITY by said CONTRACTOR 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. 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 documents, reports or any other matter whatsoever which is given by CITY to CONTRACTOR pursuant to this Agreement shall at all times remain the property of CITY and shall not be used by CONTRACTOR for any other purposes whatsoever without the written consent of CITY. VIII. NONDELEGABILITY The obligations undertaken by CONTRACTOR 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 -mane 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 CONTRACTOR at any time during the 94- 866 performance of this Agreement and for a period of three (3) years after final payment is made under this Agreement. X. AWARD OF AGREEMENT CONTRACTOR 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. XIII . INDEMNIFICATION 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 CONTRACTOR's 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, attorney's fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. XIV. CONFLICT OF INTEREST CONSTRACTOR 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. 94- 866 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 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 CONTRACTOR, 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 CONTRACTOR an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between CITY and CONTRACTOR that any payment made in accordance with this Section to CONTRACTOR shall be made only if said CONTRACTOR is not in default under the terms of this Agreement. If CONTRACTOR is in default, then CITY shall in no way be obligated and shall not pay to CONTRACTOR any sum whatsoever. XVII NONDISCRIMINATION CONTRACTOR agrees that she shall not discriminate as to race, sex, color, religion, age, marital status, national origin or handicap in connection with its performance under this Agreement. XVIII. 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. . I I .O hex In the event that CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR by CITY while CONTRACTOR was in default of the provisions herein contained, shall be forthwith returned to CITY. XX 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. XXI AMENDMENTS No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. 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 CITY OF MIAMI, a municipal Corporation of the State of Florida CESAR H. ODIO City Manager 94- 866 WITNESSES: APPROVED AS TO FORM AND CORRECTNESS: r, S% City • : / P003/IMA/jn CONTRACTOR: ANDREA ROTH 94- 866 CA=1 1 CITY OF MIAMI, FLORIDA ` INTER -OFFICE MEMORANDUM TO : Honorable Mayor Stephen P. Clark DATE �w, I `, FILE and Members of the City Commission SUBJECT : Commission Meeting of December 1, 1994 Ces dio FROM : Cit ager REFERENCES. ENCLOSURES: RECOMMENDATION It is respectfully requested that the City Commission adopt the attached resolution allocating $30,000 to contract the services of Andrea Roth for the period of November 1, 1994, through September 30, 1995, to perform the duties of Executive Secretary. 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 the ITB Executive Committee, Ms. Roth was selected for said position. She has the qualifications to carry out her assigned duties and responsibilities. 94- 8GG CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : Cesar H. Odio DATE : 11-04-94 FILE City Manager SUBJECT : Commission Meeting of December 1, 1994 Manuel J. Gonzalez FROM : Senior Staff Marke i Consultant REFERENCES International Trade Board ENCLOSURES: We respectfully request that the City Commission approve, at its December 1, 1994, meeting, the enclosed contract approved by the International Trade Board for the hiring of Andrea Roth to perform the duties of Executive Secretary. cc: Elva Gallastegui Agenda Office 9jX- 866