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HomeMy WebLinkAboutR-89-01684 Ja-88-1215 2/8/89 RESOLUTION NO. 1i9-1f ti A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $30,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, IN SUPPORT OF THE "INTER-AMERICAN SUGARCANE SEMINARS: COMPUTERS, AUTOMATION AND MANAGEMENT IN THE SUGAR INDUSTRY" HELD IN MIAMI ON SEPTEMBER 21-23, 1988, SAID ALLOCATION BEING SUBJECT TO SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY OF MIAMI. WHEREAS, the "Inter -American Sugarcane Seminars: Computers, Automation and Management in the Sugar Industry" is the type of scientific event that promotes the City of Miami as - an international center for technology transfer in the sugarcane industry; and WHEREAS, during the past seminars nearly 1,000 persons from 22 foreign countries have visited the City of Miami and its facilities; and WHEREAS, the foreign participants in these events are jk members of the agribusiness sector which is emerging as an 1: influential segment of the City's international trade arena; and c, WHEREAS, the City of Miami wishes to continue providing financial support for the Inter -American Sugarcane Seminars;.; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. An amount not to exceed $30,000 is hereby allocated from Special Programs and Accounts, Contingent Fund, in support of the "Inter -American Sugarcane Seminars: Computers, CITY COMMISSION MEETING OF FEB 9 1989 C� F RESOLUTION No. 89-168 } REMARKSc ,. Automation and Mana90mbnt in the Sugar Industry" held on September 21-23, 1988. Section 2. The herein allocation is hereby subject to and conditioned upon the sponsor's compliance with any and all limitations and requirements as may be prescribed by the,,a Administration of the City of Miami. Section 3. This Resolution shall become immediately upon its adoption pursuant to law. PASSED AND ADOPTED this 9th day of XAVIER D. 5]JAKFG, ATTEST: effective 1989. TTY RAI CITY CLERK PREPARED AND APPROVED BY: ROBERT F. CLARK ` CHIEF DEPUTY CITY ATTORNEY �a APPROVED AS TO FORM AND CORRECTNESS: 4 iF JO E . FE D f CITY ATTO it _ RFC:bss:M935 {4 1, 5 q! piY. fc bb4 •i1 t y�xil G•,k f ll,ci'3'p y 4 4"'J °7 5 E — 0--s? WEb ra 23 P T - OE DE PMENT M MY Of MIAMI, _FLORIDA SOCIETY OF INTER-AMRRICAN _SUGARNK SEMINARSt INIC. i AGREEMENT This Agreement entered into thin day of -- — -_ __., 1989, by and between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as "CITY", and the the Society of Inter -American Sugar Cane Seminars, Inc., a not -for -profit corporation of the State of Florida, her-einafter referred to as "GRANTEE". WITNESSETHs WHEREAS, pursuant to Resolution No. _ , the City Commission allocated an amount not to exceed $30,000 from special. Programs and Accountst Contingent Fund, in support of the "Sugar Cane .Seminars: Computers, Automation and Management in the Sugar Industry" to be held in Miami, September 21-23, 1988. NOW, THEREFORE, the CITY and the GRANTEE mutually agree as follows: I TERM: The term of this Agreement shall be from September 20, 1988 through February 289 1989. II. CITY AUTHORIZATION; For the purpose of this Agreement, the City of Miami International Trade board (hereinafter the "BOARD") will act on behalf of the CITY in the fiscal control, programmatic monitoring, and modifications of thin Agreement, except as otherwise provided by this Agreement. III. GRANTEE AGREES: j 1. The GRANTEE shall prepare, coordinate and supervise the "Sugar Cane Seminars: Computers, Automation and Management in the Sugar Industry" hereinafter referred to as the ":SEMINAR", to be hold September 21-23, 1988 in Miami, Florida. 4 H s;' s p_ � h a 1.1E in in PT - nF D E %,r 191W F 1MEV4T P. 02 2. The GRANTEE shall incorporate in all SEMINAR r'Nidted materials the name and logo of the City of Miami as eon -sponsor of the event. 3. The GRANTEE vhall prepare and submit to the City through the BOARD a final report within thirty (30) days of the termination of this Agreement which Shall include: numbero of participants in the event and benefits received by the CITY a3 a result or this Agreement. T.V. GRANT: A) CxTY shall pay GRANTEE, a grant for the +aevvieeo required pursuant to Paragraj)h 3 hereof, an amount not to exceed $30,000 as reflected in the Line Item Budget, that is attached hereto and made part of the Agreement as Exhibit 1. S) Said grant shall be paid on the following basis; Upon execution of this Agreement and with a written request from the GRANTEE, the CITY shall Advance one sixth or $5,000 of the total potential grant of $30p000. Prior to final reimbursement of fiscal year, verification for the initial advance must be submitted. All payments shall be reimbursements for expenditures incurred only in the contract period, and in compliance with a previously approved Line-Ituto Budget. Such written requests for all reimbursements shall contain statements declaring and affirming that all disbursements were made in accordance with the approved budget. All documentation in support of ouch request shall be submitted to the CITY at the time request is made and all invoices are required to be paid by the GRANTEE prior to submission. All reimbursements count Le in line -item form and must be in accord with the Agreement. All expenditures must be verified by original invoices and a cosy of the check used to pay that specific invoice must be provided at the time of the reimbursement reque.at. Copies of the cancelled checks must be submitted within sixty (60) days from the date the the check is wtbitten. In cases where Invoices are paid by various funding sources, copies of the invoices way be' submitted but must indicate the exact amo uut paid F - _ -- L g Wti: f.1 r LtEF"T' F' in F MENT F 03 sources equaling the total of invoices. No miscellaneous categories will be accepted in the line -item budget. Request for line -item changes are allowable with prior review and approval by the CITY. Reimbursements requests for expenditures incurred during the life of the Agreement shall not be 1lonored unless received by the CITY within 30 days following expiration date of the Agreement. C) CITY shall have the right to review and audit the time records and related records of the GRANTEE pertaining to any payments by the CITY. V. TEnMINATION OF CONTRACT: CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to Paragraph 3 hereof without penalty to CITY. In that event, notice of termination of this Agreement shall be in writing to GRANTEE who shall be paid for expenses incurred prior to the date of the receipt of the notice of termination. In no case, howevor, will CITY pay GRANTEE an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between CITY and GRANTEE that any payments made in accordance with this Section to GRANTP-E shall be made only if said GRANTEE is not in default under the terms of this Agreement. If GRANTEE is in default, the CITY shall in no way be obligated and shall not pay to GRANTEE any sum whatsoever. VI. GENERAL CONDITIONS: A) All notice, 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 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. -- t F GP:- ?- -R WELL !" ? L,EFt - nE DEmE04 t GRANTE6s CITY OF MIAMI: SOCIETY OF 1NTHR-•AMERICAN INTERNATIONAL TRADE BOARD SUGAR CANE; SEMINARS, INC. 300 BISCAYNE BOULEVARD WAY 3690 N.W. 62nd STRRET SUITE 419 MIAMI, FLORIDA 33147 MIAMI, FLORIDA 33131 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 voci 1tiuns contained in any attached documents, the terms of Lhi.a Agreement shall rule. D) Should any provislonop 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, aueh 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. AWARD OF AGREEMENT: GRANTEE warrants that LL has not employed or retained any person employed by CITY to solicit or secure this Agreement and that it has not offered to pay, paled, or agreed to pay any person employed by CITY any fee, commission, percentage, brokerage fee, or gift of any kind contingent upoti or resulting from the award of this Agreement. VIII. NONDELEGABILITY: That the obligations undertaken by GRANTEE pursuant to this Agreement shall not be delegated or assigned to any other person - i' or firm unless CITY shall first conuent in writing to the performance or assignment of such service or any part thereof by - another person or firm. IX. CONSTRUCTION OF AGREEMENT: This Agreement shall be consLrued and enforced according to the laws of the State of Florida. X. SUCCESSORS AND ASSIGNS$ This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, srrocessors, and assigns. X1. AUDIT RIGHTS! A) Prior to the release of any funds to GRANTEE, GRANTEE shall provide CITY a letter from an independent Certified public Accountant (C.P.A.) which establishes that GRANTEE's internal controls are adequate to safeguard their %asets and properly reconcile accounting transactions. CITY will not release any funds to GRANTEE prior to receipt of this letter. H) CITY reserves the right to audit the records of GRANTEE at any time during the performance of this Agreement and for a period of three years after final payment is made under this Agreement. C) CITY will audit all GRANTEES receiving $15,000 or more. D) All GRANTEES receiving $25,000 or more agree to submit to the City's International Trade Board an independent audit, by a certified public accountant, which must include the expression of an opinion on the financial statements and accounts of funds. Said audit shall be submitted to the City's International Trade Board no later than thirty (30) days after the termination of this Agreement or final receipt of CITY funds* whichever is applicable. XI1. INDEMNICICATIONr- GRANTEE shall indemnify and save CITY harmless from and against any and all claims, liabilities, losses, and cause of action, which may arise out of GRANTEE's activities under this Agreement, including all other• acts oi• omissions to act on the part of the GRANTEE or• any of them, including any person acting for or on his or their behalf, and, from and against"any orders, judgemorits or decrees which may be entered, ar►d from and against all costs, attorney's fees, expenses and liabilities incurred In the defense of any ouch claims, or in the investigation thereof. .5- XIII. CONFLICT OF INTAREST: GRANTEE is aware of the conftiet of interest laws of the City of Miami (City of Miami Code Chapter %, Article V), Dade Coursty, Florida (Dade_ County Code .Section 2-1 1 . 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: GRANTEE 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, pr any rights generally afforded classified ur unclassified employees; further its employees and agents shall not be deemed entitled to the Florida Worker's Compensation benefits as an employee of Lhe CITY. XV. DEFAULT PROVISION: In the event that GRANTEE 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 GRANTEE, may cancel and terminate this Agreement, and all paymentso advances, or other w compensation paid to GRANTEE by CITY while GRANTEE was in default At of the provisions herein contained, shall be forthwith returned to CITY. s- XVI. NONDISCRIMINATION: _ The GRANTEE agrees that it shall not discriminate as to race, Sex, color, creed, national origin or handicap in connection with its performance under this Agreement. XV1I. MINORITY PROCUREMENT COMPLIANCE: GRANTEE acknowledges that its has been furnished a copy of Ordinance No. 10062, the Minority ProcuremenL• Ordinance of the City of Miami, and agrees to comply with all applicable i substantive and procedural pruviaiuns therein, including any amendments thereto. XVYII. WAIVERS ;t No waiver of any provision hereof shall be deemed to have ,` T /`t t; x F4 "6- 9 -•-14F ri I1F F T - of LiEkr� t1E7►! T N P been made unleas such waiver be in writing signed by titer City Manager. The failure of CITY to insist upon the strict performance of any (if tite provisions or conditions of this Agreement shall not be construed as waiving or relinquishing in the future any such covenants or conditions but the same arhall continue and remain in full force and effect. 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 fund;si, or authorization, reduction of funds and/or change in regulations. XX. COMPLIANCE WITH FEDERAL, STATF_AND _LOCAL, LAWS: Both parties shall comply with all applicable laws, ordinances and codes of Federal, State and Local Governments. XXI. BONDING AND INSURANCE: A) During the term of this Agreement, GRANTER shall maintain bonding and insurance coverages in amounts as determined by the Insurance Manager of CITY. The CITY shall be named ae an additional insured, if required. E3) GRANTEE shall furnish certificates of insurance and bonding, if required, to CITY prior to commencing any activities under this Agreement. 4 xXI1._ ENTIRE AGREEMENTS This instrument and its attachments constitute the sole and only Agreement of the parties hereto relating to said grant 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 net forth in thin Agreement are of no force or effect. xxim ASSURANCES AND C1RTIFICAT100S: GRANTEE assures and certifies that: A) All expenditures of funds will be made in accordance with the Line Item Budget (which is attached as Exhibit; 1). s- 0) CITY funds will not be co-ntingled with any other funds' ri 4 Fl<fa— 152 l ca 1•l fY �� bEPT - C1 ni✓ p`\FMENT P > ti { mrid Lhat separate bank Accounts and accounting records will be maintained. C) Expenditures of CITY funds will be properly documented and such documentation will be maintained. D) Periodic progress reports as requested by CITY will be provided. R) GRANTEE w111 be liable for any CITY funds expended that were not consistent with the program approved by the City Commission of any funds expended not in accordance with proper accounting standards as determined by competent auditing authority. F) No activity under this Agreement shall involve political activitten. G) GRANTEE possesses legal authority to enter into this Agreement; a resolutiun, motion, or• similar action has been duly adopted or passed as an orCioial act of GRANTEE■s governing body, authorizing the execution of this Agreement, including all understandings and asauvances contained herein,,and directing and authorizing the person Identified as Lhe official representative of GRANTEE to act in connection with GRANTEE and to provide such additional Information as may be required. XXIV. AMENDMENTSt No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. XN WITNESS WHEREOF, the parties tievety have caused this instrument to be executed by their respective officials thereunto a duly authorized this day and year first above written. e CITY OF MIAMI, a municipal Corpora- tion Of the State of Florida ATTEST: = By: ' MATTY HIRAI CESX9 9700 CITY CLERK CITY MANAGER _ ATTEST: GRANTEE: SOCIETY OF INTER-AMFRICAN SUGAR CANE SEMINARSl INC. } j- J r A z r H3 r �. ki c 3 +Y � f V x �rj(�g ;i py � q� `;�y �*�1{� q�yy rri� y�} ��YY�p�y A`.` OVER AS ` O INSUAANCR h9QUTA UNTS� y rtr 5 APPROVED AS TO FORM AND CORRECTNESS: •FRAWD92 }l CITY ATTORNEY 61 t � .: 7 .. . ! , r -. v > � 4' � # Ya �, '�.-�7 t +4i�c,•3f` .fi r�''� ei��x5}+' i��`�Aa ,r y s�x3'S k a t'' Y 711. "+.deb.. �;.�5_.�fit`r'.k^ots'Sr;'�'b 4 k � y 51. -2 -. //s�yppyy y�A {}�� spy �y �i y.�y { i__._,L ... - yy WHRRRAS SOCISTI. OP INTSRYAMENTCAN SUGAR CANA�ENTNA0.9r;20V� t • d981fLs 'to enter into an agreement with the City or Miami i dr►d i WHEREAS$ the Board of' at a duly held corporate` meeting has considered the matter in accordance with the By-laws of the corporation; NOW, THEREFORE; BE IT RESOLVED BY THE BOARD OF DIRECTORS that the president and secrebdry are hereby authorized and instructed to enter into a contract in the name and on behalf of this corporation with the City of Miami upon the terms contained In the proposed contract to which this resolution is attached. DATED this day of t_ t G R3 SMIXTAIM �v„ t�jArMr C^pnu $' 5 (SEAL) S IN", t Y r ] x)J jfit C fiJ. a •r` T� '�' i t��s �t t 1 hM1 G k. tt a - 4.1;1"fir f ay n r. �i7 r� ril'sr>. r T y y j r J 1 ai j ki`�}+ter- i x CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and DATE: Members of the City Commission SUBJECT: Resolution Allocating $30,000 and Authorizing the City Manager to FROM: �^1 REFERENCES: Execute an Agreement. A Cesar H. Odi ENCLOSURES: December 15, 1988 City Manager Commission Meeting RECOMMENDATION: It is recommended that the City Commission adopt the attached resolution allocating an amount not to exceed $30,000 from. r .. Special Programs and Accounts, Contingent Fund, in support of the y_s "Inter -American Sugar Cane Seminars: Computers, Automation and Management in the Sugar Industry" and further authorizing the City Manager to execute an agreement in a form acceptable to the h a City Attorney, with the Inter_American Transport Equipment Company to implement said allocation. BACKGROUND: r The recommendation to fund this organization is based on this r: organization's established contributions to the City of Miami. For many years, the City cf Miami has supported the Inter - American Sugar Cane Seminar, created by the Inter -American Transport Equipment Company to disseminate sugar technology by �x means of annual events where participants from all over the world meet in Miami, Florida. ` Once again, the "Sugar Cane Seminars: Computers, Automation and Management in the Sugar Industry" held September 21-23, 1988 at. 4 the James L. Knight International Center, brought together.- �4 } multiple delegations from the international arena to Miami,_�K promoting the transfer of technology in the Sugarcane Industry. ; t sF 1 It is therefore recommended, that the attached resolutot� '1yj allocating funds for the 1988 Sugar Cane Seminar be approved the City Commission on December 15, 1988.s YnF sue: f sh'4'�r Attachment: Proposed Resolution it } yy Al a 3 r f.frltS' �4�� r fk e:L xetaR. � a r _ i. �� •' . S..