HomeMy WebLinkAboutR-93-0243ic
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4/71/9S
RESOLUTION NO. 93- 243
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, POR A
TWO-YEAR PERIOD WITH TRANSATLANTIC BANK TO
ESTABLISH A SPECIAL DEPOSITORY BANK ACCOUNT
AS SPECIFIED HURRIN.
WHEREAS, the City of Miami has a Minority and Women -owned
Procurement Program to further the goal of increasing the total
annual volume of all procurement expenditures to minority and
women -owned business enterprises, authorizing for a minority and
women -owned business enterprise procurement set -aside for use by
the City Manager as he may deem advisable; and
WHEREAS, the City Manager has identified revenue sources to
be deposited in separate bank accounts when received by the City
and to be subsequently wire -transferred within five (8) working
days into the City's main depository account; and
WHEREAS, the City currently has contracts for special
depository accounts with minority banks which are due to expire;
and
WHEREAS, proposals were received from two Hispanic owned
banks; and
ATTACHMENT (S)I
CONTAINED I
any CCil�ss�oa�
RMING O
APR 15 I
93- 243
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WHEREAS, a selection oommittee has reoommended that
Transatlantio Bank reoeive the bank a000unt set aside for a
Hispanio bank;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized/ to
exeoute an agreement, in substantially the attaohed form, for a
two-year period, starting on or about May I, 1993, to establish a
speoial depository bank a000unt to reoeive the Community
Development Blook Grant reoeipts.
Section 2. This Resolution shall bsoome effeotive
immediately upon its adoption.
PASSED AND ADOPTED this 15th day of
, 1993.
ATTE
BAVIER L. AbARE9
MAYOR
NATTY HIRAI
City Clerk
PREPARED AND APPROVED BY:
APPROVED AS TO FORM
AND
CORRECTNESS:
n
,
RAFAtIrO. DIAZ
A. QII eTON ,
II
Deputy City A orney
City At tor y
ROD/pb/osk/M 542
The herein authorization is further subjeot
to
oomplianoe
with all requirements
that may be imposed
by
the City
Attorney, including but
not limited to those
presoribed by
applicable City Charter
and Code provisions.
i
93- 243 *t
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This Agreement entered into this day of , 1993
by and between the City of Miami, a municipal corporation of Dade
County, Florida, hereinafter referred to as "CITY" and
Transatlantic Bank, a Florida for profit corporation, hereinafter
referred to as "BANK".
WITNESSETH:_
WHEREAS, THE CITY OF MIAMI COMMISSION, by Resolution No.
Passed and Adopted on authorized the City Manager
to enter into a contract for the establishment of special -bank
accounts for a period of two years each with selected Minority
and Women -Owned banks, and
WHEREAS, The City Commission selected the BANK to render
said services,
NOW, THEREFORE, in consideration of the promises and the
-
mutual covenants and obligations herein contained, and subject to
the terms and conditions hereinafter stated, the parties
understand and agree as -follows:
TERM
The term of this Agreement shall be from May, 1, 1993
through April 31 . ,, 1995.
OF SERVICES'
SCOPE
The BANK will provide the following professional services as
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part of this Agreement:°
(1) Establish and maintain a City of Miami Account to
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directly receive the State Revenue Sharing Revenues~frcam th0
State of Florida into said account and will transfer said funds
into the City's main depository account, held with another bank,
by wire transfer within five (5) working days from the original
date of receipt of said funds.
(2) The BANK will provide the City with monthly account.
ra¢
statements in addition to providing standard customer services "^*
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related to the account • � ��► ; � t
IN
1U
There will be no additional compensation or consideration
for the provision of services described in Section II.
IY
Both parties shall comply with all applicable laws,
Ordinances, and codes of Federal, State and Local Government.
Collateral:
The BANK was designated as a qualified Public Depository by
the Office of the Treasurer of the State of Florida.
The BANK will maintain securities pledged to secure public
deposits as required by the Security for Public Deposits Act.
V.
GENERAL CONDITION:
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
City of Miami
$
Transatlantic Bank
3500 Pan American Drive
Flagler Station Branch
Miami, Florida 33133
48 Last Flagler Street
Miami, Florida 33131
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B. Title and Paragraph headings are
for convenient reference and
Agreement.
are not part of this
C. In the event of conflict between
terms of this.Agreement aad
any terms or conditions contained in
any attached documents, the
terms in 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
r_.a.
made in writing.,
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to
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E. Should any provision, 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 laws 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.
—
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OWNERSHIP OF DOCUMENT
All documents developed by BANK under this Agreement shall
be delivered to CITY by said BANK 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.
DANK agrees that all documents maintained and generated pursuant
-
to this contractual relationship between CITY and BANK 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 BANK pursuant
to this Agreement shall at all times remain the property of CITY
and shall not be used by BANK for any other purposes whatsoever
without the written consent of CITY.
y1l.
That the obligations undertaken by HANK pursuant to this`'
Agreement shall not be delegated or assigned to any other pers4ri'`
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.
=
CITY reserves the right to audit the records of BANK at any
time during the performance of this Agreement and for a period of
one year after final payment is made under this Agreement.
IN.
BANK 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.
X.
This Agreement shall be construed and enforced according to
the laws of the -State of Florida.
This Agreement shall be binding upon the parties herein,,
their heirs, executors, legal representatives, successors, and
assigns.
X1,.Z •
INDEMNIFICATjON
BANK shall indemnify and save CITY harmless from and against
any and all claims, liabilities, losses, and causes of action
which may arise out of BANK's activities under this Agreement,
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including all other acts or omissions to act on the part of BANK,
including any person acting for or on its behalf, and, from-, and
against any orders, judgements, or decrees which may be,.entered
and from and against all costs, attorneys fees, expennew-
liabilities incurred in the defense of any such claims, or in the
investigation thereof. BANK shall maintain Bankers Blanket Bond
during the terns of this Agreement with a "discovery" -perk
demonstrating sound business practices.
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A. BANK 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. BANK further convenants that, in the
performance of this Agreement, no person having such conflicting
interest shall be employed. Any such interests on the part of
BANK or its employees, must be disclosed in writing to CITY.
B. BANK 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.
M.
BANK 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 it shall not be
deemed entitled to the Florida Workers, Compensation benefits as
an employee of CITY.
gy.
TERMINATION OF CONTRACT
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 BANK, who shall be paid for those services
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performed prior to the date of its receipt of notice of s
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termination. In no case, however, will CITY pay BANK an amount
in excess of the total sum provided by this Agreement.
It is hereby understood by and between CITY and BANK that
any payment made in accordance with this Section to BANK shall be
made only if said BANK is not in default. If said SW is in
default then CITY shall in no way be obligated and shall not -pay,
NONDISCRIMINATION
i
BANK agrees that it shall not discriminate as to race, sex,
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color, creed, or national origin or handicap in connection with
its performance under this Agreement.
XVII.
MINORITY PROCUREJZNT COMPLIANCE
BANK 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.
!' 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.
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DEFAULT PROVISION
In the event that BANK shall fail to comply with each and
every term and condition of this Agreement or fails to perform
any of the terms and conditions contained herein, then CITY, at
its sole option, upon written notice to BANK may cancel and
terminate this Agreement, and all payments, advances, or other
compensation paid to BANK by CITY while BANK was in default of
the provisions herein contained, shall be forthwith returned to
CITY.
This instrument and its attachments constitute the sole and
only Agreement of the parties hereto relating to said grant and
correctly sets 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 :gin
Agreement are
of no force or effect.
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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 thereon to
be duly authorized, this the day and year first above written.
{ CITY OF MIAMI, a municipal
corporation of the State of
—.
ATTESTS
Florida
MATTY HIRAI
By: CESAR H. ODIO
CITY CLERK
CITY MANAGER
ATTEST:
TRANSATLANTIC BANK
By:
_!
CORPORATE SECRETARY
PRESIDENT
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APPROVED AS TO FORM
APPROVED FOR INSURANCE PURPOSES
— AND CORRECTNESS:
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By:
A. QUINN JONES, III
Sujan Chhabra
CITY ATTORNEY
Risk Management
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CITY OF MIAMI, FLOA1bA
INTEA-OFFICE MEMORANDUM
- 17
TO: Honorable Mayor and DATE : ^) ��� :LE
Members of the City Commission t11' tt
sueUECT : Agenda item
40 Minority Hanks
FROM ; efae_z�REFERENCES:
Cesar H. Odio
City Manager ENCLOSURES:
It is respectfully recommended that the attached resolution
authorizing the City Manager to execute an agreement in a form
acceptable to the City Attorney, for a two year period with
Transatlantic Bank for establishing a special depository bank
account, be adopted.
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Since 1987 the City has had a set -aside program for minority
banks. The program intends to place a separate bank account with
each of the three groups covered by the City's Minority and Women
Business Affairs and Procurement Program; Blacks, Hispanics and
Women.
The City received two proposals to the RFP previously approved by
the City Commission for accounts to be assigned to the Hispanic
= and Women owned institutions from the following banks:
Gulf Bank
Transatlantic Bank
A selection committee was appointed by the City Commission as
follows:
Juan Enjamio
Christine Morales
Randy Holtz
James Simmons
Dewey Knight, III
Mayor Suarez
Vice -Mayor Dr. Alonso
Commissioner Plummer
Commissioner Dawkins
Commissioner De Yurre
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93- 243
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