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HomeMy WebLinkAboutR-92-0774J--92-825 11/30/92 92- 774 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SANDRA W. VOICE, CONSULTANT, TO PERFORM THE SERVICES OF INTERNATIONAL ECONOMIST, FOR THE PERIOD OF OCTOBER 11 1992 THROUGH SEPTEMBER 30, 1993, IN THE AMOUNT OF $36,000.00; ALLOCATING FUNDS THEREFOR FROM THE INTERNATIONAL TRADE BOARD BUDGET. WHEREAS, the City of Miami Commission has entrusted the City of Miami International Trade Board (hereinafter "BOARD") with 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: Creation of an international trade data base, publication of trade and economic analyses, and the publication of multilingual business and economic profiles to market Miami to overseas investors; provision of technical and financial assistance to small and minority businesses; and, development of a plan to commercially redevelop and readapt the City's commercial/industrial districts for international trade -related uses; and ATTACHMENT (S) CONTAINED CITY COMMISSION MEETING OF. DEC 10 1992 Resolution No. 92- 774 WHEREAS, the Consultant has a Master of Arts in International Economics, is familiar with the latest IBM- compatible computer programs for creating an international trade data base, performing statistical analyses, graphing and charting findings, and possesses the requisite professional and academic credentials to effectively carry out these projects; and WHEREAS, the Consultant possesses excellent 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 fluent in Spanish and Portuguese; and WHEREAS, the Consultant possesses a basic working knowledge of international economic and trade policy issues and U.S. foreign commercial policy. 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 Sandra W. Joice, to perform the services of International Economist,•for -2- 92" 774 the period of October 11 1992 through September 30, 1993, in an amount of $36,000.00, with funds therefor hereby allocated from the International Trade Board budget. Section. 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this loth day okT5!,,-Eer , 1992. ATTE : MAT Y HIRAI CITY CLERK BUDGETARY REVIEW: G6� �� MANOHAR SURANA, DIRECTOR BUDGET DEPARTMENT PREPARED AND APPF BY: HUMBERTO HERNANDEZ ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: -3- L. SUMEZ, MAfYOR 92- 774 t AWk It( ,r vu run Futil, j PROFESSIONAL SERVICES AGREEMENT ttt VIEW, PLEASE IDENTIFY AS This Agreement entered into this day of , 1992, by and between the CITY OF MIAMI, a municipal corporation of the State of Florida (hereinafter "CITY") and Sandra W. Joice, 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 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: Creation of an international trade data base, publication of trade and economic analyses, and the publication of multilingual business and economic profiles to market Miami to overseas investors; provision of technical and financial assistance to small and minority businesses; and, development of a plan to commercially redevelop and readapt the City's commercial/industrial districts for international trade -related uses; and WHEREAS, the Consultant has a Master of Arts in International Economics, is familiar with the latest IBM- compatible computer programs for creating an international trade data base, performing statistical analyses, graphing and charting findings, and possesses the requisite professional -and academic credentials to effectively carry out these projects; and �n -- - - - - - - WHEREAS, the Consultant possesses excellent 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 fluent in Spanish and Portuguese; 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, 1992 through September 30, 1993. II. SCOPE OF SERVICES 1) Create an in-house data base of trade statistics and listing of exporters and importers. 2) Work in conjunction with Miami Capital to revitalize the City's federally -funded Export -Import Revolving Loan Fund. 3) Perform detailed statistical analyses of the City economy; analyze trade data and prepare reports on trade between Miami and its principal overseas trading partners. Monitor and prepare reports on foreign investment in the City. 4) Prepare business and economic profiles,on Miami to be used in marketing the City to overseas investors. Prepare -2- 92- 774 articles for publication in the Board newsletter. 5) Develop a program to provide technical and financial assistance to small and minority exporters and importers. 6) Develop in conjunction with the City of Miami Department of Planning, a program for the commercial redevelopment of Miami's economically depressed commercial and industrial districts, to create the facilities and infrastructure for international trade -related uses, warehousing, storage, and assembly. 7) Provide technical support and assistance to the Wynwood Free Trade Zone project. III. COMPENSATION AND FEE SCHEDULE The City shall pay the CONSULTANT, as maximum compensation for the services performed, a fee not to exceed $36,000.00. IV. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS Both parties shall comply with all applicable laws, ordinances and codes of federal, state and local governments. V. 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 r 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. { y -3- 92-- 774 0 • CITY OF MIAMI International Trade Board 300 Biscayne Blvd.*stay Suite 1100 Miami, FL 33131 ( 305 ) 350-7891 CONSULTANT Sandra W. Joice 11387 S.W. 65th Street Miami, Florida 33173 (305) 596-4616 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 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. VI. 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 Section II hereof and shall -4- 92- 774 become the property of CITY, without restriction or limitation on its use. CONSULTANT ggrees 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 Statues. It is further understood by and between the parties that any s 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 purpose whatsoever without the written consent of CITY. VII. NONDELEGABILITY That 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. VIII. 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 one year after final payment is made under this Agreement. IX. 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, -5- 92- 774 I brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. X. CONSTRUCTION OF AGREEMENT This Agreement shall be construed and enforced according to the lags of the State of Florida. XI. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties herein their heirs, executors, legal representatives, successors, and assigns. XII. 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, judgements 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. XIII: 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, in the work product of this Agreement. The 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 _6_ 92- 774 the CONSULTANT or its employees, must be disclosed in writing to the CITY. B. The 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 will fully comply in all respects with the terms of said laws. XIV. 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 the CITY, or any rights generally afforded classified or unclassified employees; further he/she shall not be deemed entitled to the Florida Worker's Compensation benefits as an employee of the CITY. XV. TERMINATION OF AGREEMENT CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to Section II. hereof without penalty to the CITY. In the event, notice of termination of this Agreement shall be in writing to the 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 the CITY pay the CONSULTANT an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the CITY and the CONSULTANT that any payment made in accordance,with this Section to CONSULTANT shall be made only if said CONSULTANT is not in -7- U2- 774 default under the terms of this Agreement. if the CONSULTANT is in default, then the CITshall in no way be obligated and shall not pay to the CONSULTANT any sum whatsoever. XVI. NONDISCRIMINATION CONSULTANT agrees that it shall not discriminate as to race, sex, color, creed, or 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, creed, 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. XVII. MINORITY PROCUREMENT COMPLIANCE CONSULTANT acknowledges that it has been furnished a copy of Ordinance No. 10538, the Minority/Business Affairs and Procurement Program Ordinance of the City of Miami, and agrees to comply with all applicable substantive and procedural provisions therein, including any amendments thereto. 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. XIX. DEFAULT PROVISION In the event that CONSULTANT 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 U2 774 N 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) day period and diligently completed thereafter), may cancel and terminate this Agreement, and all payments, advances, or other compensation paid to CONSULTANT by CITY 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 said services 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 the 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 -9- 92- 77 WITNESSESs APPROVED AS TO INSURANCE REQUIREMENTSs RISK MAID i �z , Vya�a.avav�� D PARTMENT I: .- JOICE j INDIVIDUALLY APPROVED AS TO FORM AND COR.RECTNESSI A. QUINN JONES, III to CITY ATTORNEY C'{ a E CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Memkgrs of th City Commission e4�(� Cesar H. Odio FROM :City Manager RECOMMENDATION �I DATE : ^ SUBJECT : December 10, 1992 Commission Meeting REFERENCES: ENCLOSURES: FILE : It is respectfully recommended that the City Commission adopt the attached resolution allocating $36,000.00. to contract the services of Sandra W. Joice for the period of October 1, 1992 through September 30, 1993, to perform the services of International Economist for the International Trade Board. Funds have been identified in the International Trade Board budget. BACKGROUND After conducting an extensive search for an International Economist, the International Trade Board Director recommends that the City contract the services of Ms. Sandra W. Joice. The functions to be performed by Ms. Joice include the compilation of an international trade data base, as well as, conducting marketing, trade, and economic analyses. Ms. Joice is extremely well qualified to serve as International Economist. She holds a Master of Arts in Economics, has the requisite technical skills to assemble a statistical database and conduct economic analyses, extensive professional experience in the area of international trade, finance, and marketing, and is -fluent in English, Spanish, and Portuguese. These skills are vital to the City's international trade promotion efforts which consist of assisting small and minority businesses to enter the international marketplace, developing effective promotional materials for marketing Miami to overseas investors, and' developing a comprehensive, long-term plan to enhance Miami's competitiveness as a major center of international finance and trade. Funds have been identified in FY 92-93 International.Trade Board budget for this position. Attachment Proposed Resolution i, . 92- 774 0,41o't