HomeMy WebLinkAboutR-88-1017f'
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J-88-1066
10/25/88 RESOLUTION NO.�-iQ i
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN Al
FORM ACCEPTABLE TO THF, CITY ATTORNEY,
WITH CARIBBEAN CENTRAL AMERICAN ACTION
IN THE AMOUNT OF $60,000 IN SUPPORT OF
THE 1988 MIAMI CONFERENCE ON THE
CARIBBEAN TO BE HELD NOVEMBER 30TH
DECEMBER 2ND, 1988 IN THE CITY OF MIAMI;
WITH SAID FUNDS APPROPRIATED IN THE
INTERNATIONAL TRADE BOARD'S 1988-89
FISCAL YEAR BUDGET.?/
WHEREAS, the City of Miami wishes to continue its support
of the "Miami Conference on the Caribbean" for 1988, an event
organized by Caribbean Central American Action (C/CAA); and
WHEREAS, the conference will focus on the Caribbean Basin
policy agenda of the new U.S. Administration, as well as a series
of economic issues relating to the 22 countries of the region; and
WHEREAS, it is anticipated that 2,000 persons will attend
this event including various United States and foreign
dignitaries; and
WHEREAS, this event will provide benefits in the form of
income to host industries, business contacts to area firms and
international stature for Miami;
NOW;THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to execute
an agreement, in a form acceptable to the City Attorney;/with
Caribbean Central American Action in the amount of $60,000 in
support of the 1988 Miami Conference on the Caribbean to be held
November 30th-December 2nd, 1988 in the City of Miami.
Section 2. The City Manager is hereby authorized to utilize
funds appropriated in the International Trade Board's 1988-89
2/
fiscal year budget for said purpose.
1/ "and in substantial accordance with the attached form."
2/ This appropriation is contained in the account entitled "International
Trade Promotion" within Special Programs and Accounts.
L
UN!,21 Li
CITY COMMISSIGi-4
MEETING OF
rlo
CITY OF MIAMIJ, FLORIDA
CARIBBEAN CENTRAL. AMFRICAN ACTION
AG REFMENT
• m
PASSED AND ADOPTED this 3rd day of November 1988.
XAVIEF—L—.—ZWXREZ, MAYOR
ATTEST:
FINANCIAL REVIEW AND APPROVAL:
DIRECTOR
FINAVtE DEPARTMENT
BUDGETARY & APPROVAL BY:
SURANA, DIRECTOR
;BU4ETDEPARTMENT
PREPARED AND APPROVED BY:
AUDLn LARK
CHIEF DEPUTY CITY
APPROVED AS TO FOR
L.NDET
.CIT ATTORNE
PASSED AND ADOPTED this 3rd day of November 1988.
X E L. WAREZ , MAYOR
ATTEST:
0
FINANCIAL REVIEW AND APPROVAL:
(Ew,
DIRECTOR
FINA E DEPARTMENT
BUDGETARY & APPROVAL BY:
iBU
U , DIRECTOR
ET DEPARTMENT
PREPARED AND APPROVED BY:
BERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
10 -//
JOR E L. ER D
CIT ATTORNE
.2-
CITY _OF�MI A11I_L_F LnR I DA
CARIIIREA14 C'!:NTRAL A'1!-.RICAN ACTION
A ;R_F1`1F.NT
This Agreement entered into this day (-.f
1988, by and between the City of Iliami, a municipal corporation
of the State of Florida, h-.>rcin,3fter referrei l,o as "CITY", and
the Caribbean Central American Action a not -for -profit
corporation of i,he District of Columbia, hereinafter referred to
as "GRANTEE".
WITNE:,SETH:
WHEREAS, pursuant to Resolution No. the City
Commission allocated an amount not to exceed $60,000 in support
of the 1988 'Miami Conference on the Caribbean to be held in
Miami, November 30 through December 2, 1988.
NOW, THEREFORE, the CITY and the GRANTEE mutually agree as
follows:
I TERM:
The term of this Agreement shall be from November 1, 1988
through March 31, 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 this Agreement, except as
otherwise provided by this Agreement.
III. GRANTEE AGREES:
1. The GRANTEE shall prepare, coordinate and supervise the
1988 "Miami Conference on the Caribbean", hereinafter referred to
as the "CONFERENCE", on November 30 through December 2, 1988 in
Miami, Florida.
t.�
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The ;ft��'d7':I' shall �er�ar� and 1;' -rn
timetable of activities wI;ich shall Lie attierled hr-ret() ari�i •• i,lo
Evart of this A, recment, as i'. rhi hit 1.
The in all r;ONFFRENCF relatc,i
rn ��ri;3i-s the Cit.v of I l,ni ho:;t, f t11 cve!it.
u. The ',RA'JII.,E shall proviA for the benefit of the Cit.i
full ret,i.,tratinn p;ickiit;os to tho 'l)omber:3 ()f thr r.lt "ommiS^loil
,
to the members of tY3e International Trade Board, the City Manager
and desis;n<3t.ed City st;lff. A Listin;; of such per.,ons will be
provided by the Bnilyd. In addition, three tab]es (front row,
center staf;e) s'1,311 be re:;ery ,A for the City's exclusive use at
all meal functions.
5. The GRA;JTEE sh:311 prepare, in cnordination with the
City's Chief Protocol Officer, a timetable of activities for the
members of the City Commission and/or their designees (e.g.
meetings with U.S. and foreign dignitaries, introduction of
keynoters and/or presentation of keys or proclamations) which
shall be attached hereto and made part of this agreement as
Exhibit 2.
6. The GRANTEE shall waive the registration fees (meals
excluded ) for a minimum of twenty—five minority businesspersons
located in the City of Miami. A list of said persons will be
provided by the Board.
7. The GRA14TEE shall 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: numbers of
participants in the event by country of origin; final program and
an evaluation of the event and benefits receives] by the CITY as a
result of this Agreement.
8. The GRANTEE agrees that the $60,000 City allocation is
subject to the State of Florida and metropolitan Dade County
jointly contributing a total of no less than $60,000 to this
conference.
SS-101.7
IV, �KANT�
A> LITY x}).3 11 provi.ip ANTvi\ic�
dercrihed in Para�,ra|`h hereof, for n am, nt n''t exr�-pi �=
1 pf7p't—i in 1!ie Lin" lt»/n `��/'i�"t, U,,It 1,- a�1a('h'-'1
hereto and ma.ic part of the xhihii
P) �-,ai| |�raot -ha]} bo p'nvi|,'i ^n C|.n [oIl»wJo� banis�
Upon expctit ion nf thi:` 8Qrecmeoi and with xri\t``n request fr.`m
the 5R8WTF[, jhic,h itic, lu.\.� a Je.rriptinn of hnw '.he a,ivaoce will
he utilized, tthe CITY sh�ill -1Jvancn one holf or $ 30,of the
total �otential cnrp-oc/tinn "f $bO,»OO. Prinr [inal
reimbursement of fiscal year, verification for the initial
advance must be ouhmitted. All paymenta shaIl be reimburnements
for expenditures incurrpd nnIy in tbe contract perind, and in
compliance with a PrevinusIy approved Line -Item 8udCct. Cucb
written requests for all reimbursements shall contain statements
declaring and affirmin8 that uIl disbursements were made in
accordance with the approved budget. All documentation in
support of such 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 must be in --
line-item form and must be in accord with the Agreement. All
expenditures must be verified by original invoices and a copy of
the check used to pay that specific invoice must be provided at
the time of the reimbursement request. Copies of the cancelled
checks mut be submitted within sixty (60) days from the date the
request for reimbursement is made. In cases where invoices are
paid by various funding sources, copies of the invoices may be
-
submitted but must indicate the exact amount paid by various
funding sources equaling the total of invoices. No miscellaneous
oatagnries will be accepted in the line -item budget. Request for
lino -item changes are allowable with prior review and approval by ,
the CITY. Requests for payment shall be made at minimum on a
monthly basis. Reimbursement requests for expenditures incurred -
during the life of the Agreement shall not be honored unless
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received by the CITY within 30 days following expiration date of /
�
the Agreement. |
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C) CITY .;f1,- l I 'o i. !'ry
records and rc-latcd r Iie ;i'AN FE ' pert ai ri in,,
to nJ
payments by the ('!TY.
V. TEki' i lAi'1,1N r',': A 1�,i !`',i'r,,T:
CTTY ret.ai.,is tht, ri .:rt. t.o t, r. nin -�i ,_ t.'.i:, �;r'�'.�. ,;,t -J: arr,
time prior t'? the romp Irtjon of tho servicrS rnrlijir(-J 1,�irsu<aIll to
Paragraph cr,f .jith,yut, pt,n�31_i,y to CT'; i t evf�nt,
notice of termin:it i on of t11i Ar;r-eement r, h<rl ; t E> in writinta, Lr)
GRA14TEE idiio shall. >>e fyri_i f-,r o>,penscs i yc Jrrei pri ,r to tiro date
of the receipt f the n tice rf terr1ination. In no ca:_,e,
!;owcver, ldi i L ,i I pay -Rr Ni .. Irl am'1Uf;t i!i C xc:':i5 of the tnt-)l
sum provides by thi:3 A1,re,�cent.
It is heron" un,:t?rsr;t,no rn.i between CI fY and ;RANTEF th-at
any payme!it3 ,rr�_,de in acc(-)rdanr�e with this :'ection to ;RANTFE
shall be made c)niy if s;-aiki GRANTEE is not in default under tit ie
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 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 rn3il addressed
to the party at the address indicated !ierein or as the same may
be charged from time to tine. Such notice shall be deemed given
on the day or which personally served; or, if by mail, on the
fifth day after being posted or the date of acr,ual receipt,
whichever is earlier.
GRANTEES CITY OF MIAMI:
CARIBBEAN CENTRAL CESAR H. ODIO
AMERICAN ACTION CITY MANAGER
11211 CONNECTICUT AVE., N.W. CITY HALL,
SUITE 510 3500 PAN AMERICAN DRIVE
WASHINGTON D.C. 20036 MIAMI, FLORIDA 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 F
documents, the terms of this Agreement shall rule.
1
88-:101.'7
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D.should iflV ,,rc)vi:i. �Il:i, ;);ir:ir',e-,i�i'1:; �! 1'_'�-S, r.-r_ i r.
phrases contained in this AF:reernont. ho �3 i' 1! 1, 1
wcompetent iirlsdiCti()n t() 1)e inV,i� i , i , i1.1eI,al "-)r 4)1.1(-,rwlsr,
unenforceable under the law; of the State of Flori is or the City
of `Iianii, su;'h 1)rnvic ljcin:-,, ,'i5, (1:ItoncwnrJ r"
phrases shall be d(_-ned mod ifir,d to tri^ ext,c!it in order
to conform with :,i, h I iw.,, r i.f n,0t rr iifi.:ul_ t ifc,rm wii.li
such laws, then same sha11 1)e dee,ij(-d seve •ible, -ind in either
event, the remaininc; terms rind prnvisiof this A ;regiment shell
remain unmodified and in full force and effect.
_ VII. 44It131)
OF A�:;RF,FMENT:
GRANTEE warrants that
it
has not e:nplo,-,id or retained any
person employed by CITY to
solicit
or secure this
Agreement. and
that it has not offered to
pay,
paid, nr a3,reed to
nay any person,
employed by CITY any fee,
cnmmission, percentage,
brokerage fee,
or gift of any kind (.,ontin,Tent
upon or resulting
from the award
' of this Agreement.
VIII. NONDELEGABILITY:
That the obli;;ations undertaken by GRANTEE 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. CONSTRUCTION OF AGREEMENT:
This Agreement shall be construed 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, successors, and
assigns.
XI. 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 assets and properly
reconcile accounting transactions. CITY will not release any
fundy t A.NlEi
B) CITY ,h!, to a) i�^!z r;" A )
at any time 1urioj; Uhp yrr|�rx'�m'`, '`f t\,i�` �'.rc,n`,1, '�n]
perind »F thrt cr [iou1 t d/ o' !rr Lni�
8�rcemeo�.
C) TY will �`/ i�� , } .K��� '|� r'�r' �`�...� �l',.'`�`'` ',- n»r",
D) AlR8NT[[� r,,``ivir' $�'�,�«/) .r .n`ro i/ 'e +'` at;>'.ni�
Ln the City`a Depart r,nt ``[ C.��p^op'oc��� �'^ in,�`��r'}�,.�
auJit, by a c e r f i 1 |)ubli' aountan�, wbirh mu.5 Je tp�
ex|`roszinn pm `'.i:o n'/ xc !'inaq -I �i�'^.^'`nt� un'i �ccom�i�
^ �f �unda, �aid auJit nball b, c1hnitted to �be City^s
Ioternotinn�il r a J 2 !)na'd x' later t.//�/ I-hirty (l') 'inyo after
the tcrmioation ,[ C�r'unent.
,T!. I`1DVAN FZCATT
GRANTEE sball indenni[} au'i »/e CTT Y iiarnlesn frmo aud
, againot any and oll oI3ims/ liabilities, lnuooa, and cause nf
aotinn, vhiob mzy -jr iac out of GR&NTE[`u activities under tbiu
Agreement, including all other acts or omissions to act no the
part of the GRANTEE or an/ «f them, inuIu�in3, any person acting
for or on his or �heir behalf` and, from and against any orders,
judgements or -Jeureru which may he entered, and from and 3,:,,ainst
all costs, atLorne�'o fees, expenses and liabilitieo incurred in
- the defense of any such claims, or in the invest i�u�ion thereof.
XlII. CONFLICT OF ZNT--'8F3T:
38ANTCE is aware of the conflict of interest lows of the
City of �ia/ci (Citly ^f Ni-3mi �,>(Jo Chapter ?, Artiole V), Dade
County, Florida (Dode County Code �-11.l) and the State
of Florido' and agrees that it will fully comp'Ly in all respects
_
with the terms of said lawo.
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, or any rights generally
afforded classified or unclassified employees; further its
employees and agents shall not be deemed entitled to the Florida
881��
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C r
�I - it eI- r( rr,1)' 'I :II i Ali l��',t�'t
Tn thu event that GPAIJT'';17 sita,l tail
evlirV t('rn 31"1''i �', 11_ 1 on of t.1�i t1 ',r.'N'ril' �f, ��l' 1 .� I A
any of the to?-;Ii 11''I"�'1' , t.i�(T1 l'] 1�^, It
lt5 1' ��ltl";l, 1rn11 1^,..i•i.rtl �.'t.. t'•'�,...I'., y' '311`?i ?UJ
Corr, pej-, 333 i '1 j�,3 �� t-? pit�.'J1'i�i'. 1!v 1JI S'i�l�,t' ill:i�.l'. 1v-I� 1n j'f'Ult
of the provisions ire re.i_n corltrain,. '. , s11:311 bF, f,--)rt hwith returne.i
to CITY.
;VI. IJ�:�tJ1:J'
The , RANTEK a1,rees thLlt it s},,all not iiscri,ninate as to
race, sex, color, creed, national. oriz?in or handicap in
connection ,Jith its p..�rform,ince under this 1,rec^merit.
XVII. MINORITY PROCURFMFNT CO;IK,IANCE:
GRANTEE acknowledges that its has been furnis'ied a copy of
/ODL2.
Ordinance Not!-,e '•1inor ity Procure -:vent Ordinance of the City
of Miami, and 1--;rees to comply with all applicable substantive
and procedural provisions therein, including any amendments
thereto.
XVIII. WAIVER:
No waiver of any provision hereof' shall be deemed to have
been made unless such waiver be in writing signed by the City
Manager. The failure of CITY to insist upon the strict
performance of any of the provisions or conditions of this
Agree:neat shall not be construed as waiving; or relinquishing in
the future any such covenants or conditions but the same shall
continue and remain in full force and effect.
XIX. CON 'fINGENCY 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. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS:
Both parties shall comply with all applicable laws,
ordinances and codes of Federal, State and Local Governments.
88-"1017
'I_
*11 0-`,
XXT. h'rNi1TNG A'J" Iti:''i!;AV'E:
A) Durint the term r e e ,e•i1 RANTF.E ,�1111
1
'naintain b:-)nding an i insuran e coverage., in amo(int s armine i
M, the Hisk '1ana,Div i-:I�,,n Y. The -iT_' 1 he rr,rnei
�s an additional insured.
B) GRANTEE: I I ,Tarnish ertifi ,atos ,f insuranrc anA
bonding, as required, to CITY prior to comrnencin� any activities
under this Areernent.
X X T I . NTIAE A,3RI•,E11E:114T:
This instrument and its .it.tachments constitute the sole ;and
only Agreement of the parties hereto reiatins� to said grant and
correctly set forth the rights, duties, and oibli,;ations of each
to the other as of its date. Any prier agreements, promises,
negotiations, or representations not expressly set fortis in this
Agreement are of no force or effect.
XXIII. ASSURANCES AND CERTIFICATIONS:
GRANTEF, assures and certifies that:
A) All expenditures of funds will be made in accordance
with the Work Prot;: am and Line Item 9udget (both of which are
attached as Exhibits 1 and 3
B) CITY funds will not be co -mingled with any other funds
and that 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.
E) GRANTEE will be personally 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
activities.
88—ILOV
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G) GFANTE:F p(-)ssesses I ,al authority to enter into this
Agreement; a resolution, motion, or similar action has been duly
adopted or passed as an official act. of GRANTEE I 5 governing,, body,
authorizing the execution of this Agreement, including, all
understandings and assurances ::ontained herein, and directing and
authorizing; the person identified as the official representative
of GRANTEE? to act in connection with GRA'4T_1 E r.3nJ to provide such
additional information as may be required.
XXIV. .4MEN1)MENTS:
No amendments to this A;;ree�,ient 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 their respective officials thereunto
duly authorized this day and year first above written.
CITY OF MIAMI, a municipal Corpora—
tion of the State of Florida
ATTEST:
MATTY HIRAI By:CESAR H. ODIO
CITY CLERK CITY MANAGER
ATTEST:
GRANTEE: Caribbean Central
American Action
SECRETARY PRESIDENT
SEAL
APPROVED AS TO INSURANCE REQUIREMENTS:
INSURANCE MANAGER
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
88-•1017
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,001"N
CURPORAFE HcS_LUTIUN
WHEREAS CAR19BEAN CENTRAL AMERICAIJ ACTION desires to enter
into an agreement with the City of Miami; and
4HEREAS, the Board of Directors at 3 duly held corporate
meeting has considered the ;natter in accordance with the By—laws
of the corporation;
NO'v!, THE REFJRE, BE IT RESOT VEI) LY T;,E ? ARJ OF DIRECTORS
that the president and secretary are hereby authorized and
instructeJ to enter into a contract in the na;r:= 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 , 1988.
SECRETARY
CHAIRPERSON OF THE BOARD OF DIRECTORS
-10-
(SEAL)
88_1017
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO: The Honorable Mayor and DATE:
Members of the City Commission
SUBJECT:
FROM: Cesar H. Odi S� REFERENCES:
City Manager
ENCLOSURES:
RECOMMENDATION:
14
CT 2 -' 1988 F,LE
Resolution authorizing the
City Manager to execute an
agreement with Caribbean
Central American Action
November 3, 1988 Commission
Meeting
It is recommended that the City Commission adopt the attached
resolution authorizing the City Manager to execute an agreement
in a form acceptable to the City Attorney, with Caribbean Central
American Action, in the amount of $60,000 in support of the
twelfth Miami Conference on the Caribbean to be held at the
Intercontinental Hotel, November 30-December 2nd 1988.
BACKGROUND:
The recommen,1ation to fund this organization is based on the
International Trade Board's evaluation of past and proposed
contributions of C/CAA to the City of Miami. Since its
beginnings, the City of Miami has supported the Miami Conference
on the Caribbean, an event that has become a leading forum for
Caribbean Basin heads of government and top ranking US officials
as well as private sector decision -makers of the region.
The twelfth conference will focus on the Caribbean Basin policy
agenda of the new U.S. Administration as well as a series of
economic issues relating to the 22 countries located in and
around the Basin.
In addition to a Caribbean Basin -US trade exposition, the
conference will offer a market education field trip program to
acquaint Caribbean Basin businesspeople seeking to expand their
international trade activities with a step-by-step marketing
guide for their products. The South Florida business community
will present its vast array of services, facilities and market
niches to potential trading partners.
SS-101'
The Honorable Mayor and
Members of the City Commission
Page 2
Funds in the amount of $60,000 have been appropriated for
Caribbean Central American Action in the International Trade
Board's 1988-89 fiscal year budget.
Attachment:
Proposed Resolution
Agreement
CITY OF=t1IAMI1 _FLDRIPA
CARIBBEAN Cl"NTRAL AIERIC:AN ACTION
AGRLEMENT
This Agreement entered into thi _ duly rf
1988, by and between the City or :1iaini, a municipal corporation
of the State of Florida, h,�r(�inafter ref,?rrea to as "CITY", and
the Caribbean Central American Action a not -for -profit
corporation of the District of Columbia, hereinafter referred to
as "GRANTEE".
WITNESSETII:
WHEREAS, pursuant to Resolution 140. the City
Commission allocated an amount not to exceed $60,000 in support
of the 1988 Miami Conference on the Caribbean to be held in
Miami, November 30 through December 2, 1988.
NOW, THEREFORE, the CITY and the GRANTEE. mutually agree as
follows:
I TERM:
The term of this Agreement shall be from November 1, 1988
through March 31, 1989.
II. CITY AUTHORIZATION:
For the purpose of this Agreement, the City of Miami
International Trade Board (hereinafter the "BOARD") will act on
beEialf of the CITY in the fiscal control, programmatic
monitoring, and modifications of this Agreement, except as
otherwise provided by this Agreement.
III. GRANTEE AGREES:
1. The GRANTEE shall prepare, coordinate and supervise the
1988 "Miami Conference on the Caribbean", hereinafter referred to
as the "CONFERENCE", on November 30 through December 2, 1988 in
Miami, Florida.
Pno
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2. The (;,_g14TFI:. shal 1 prepare and (,nnfnr;n t.n a Work P1 an :4nd
timetable of activities which shall he attached hereto and made
part of this Agreement. as Exhibit, 1.
3. The GRANTEE shall incorporate in all CONFERENCE related
materials the City of Miami as host of the event.
U. The GRANTEE shall provide fo►- the benefit of the City
full registratinn packages to the members of the City Commission,
to the members of the International Trade Board, the City Manager
and designated City staff. A listing of such persons will be
provided by the Board. In :►ddition, three tables (front row,
center stage) shall be reserved for the City's exclusive use at
all meal functions.
5. The GRANTEE shall prepare, in coordination with the
City's Chief Protocol Officer, a timetable of activities for the
members of the City Commission and/or their designees (e.g.
meetings with U.S. and foreign dignitaries, introduction of
keynoters and/or presentation of keys or proclamations) which
shall be attached hereto and made part of this agreement as
Exhibit 2.
6. The GRANTEE shall waive the registration fees (meals
excluded ) for a minimum of twenty-five minority businesspersnns
located in the City of Miami. A list of said persons will be
provided by the Board.
7. The GRANTEE shall 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: numbers of
participants in the event by country of origin; final program and
an evaluation of the event and benefits received by the CITY as a
result of this Agreement.
8. The GRANTEE agrees that the $60,000 City allocation is
subject to the State of Florida and metropolitan Dade County
jointly contributing a total of no less than $60,000 to this
conference.
88-10i'7
-2-
1V. i;I1n.NT:
A) CITY --hal 1 provide i;RANTI. F , _1 11vaIIt, r o r tirr
described yin Paragraph ti her(In f, for an arnoiint, not t Pxce 1
$60,nnn a., reflpct.ed in t,lhe Line Itrin Budg(?t., th;t, is ot.ta"hed
hereto and made part, of t:he Ajt re:,ment, as I%xhibit 3.
f3) ,aid grant shall I>e hrovi lard r)n the f�llnwinq basis:
!Jpon execution of this At;reernent and with a written request from
the GRANTEE, whic;r incluics a dl?f�cription of how the advance will
be utilized, tthe CITY shall advanor one half or $30,000 of the
total potential compensation of t'60,00(). Prior to final
reimbursement of fiscal year, verification for the initial
advance must be submitted . All payments shall be rei obursement,.,
for expenditures incurred only in the contract period, and in
compliance with a previously approved Line -Item Budget. Such
written requests for all reimbursements shall contain statement:,
declaring and affirming that all disbursements were made in
accordance with the approved budget. All documentation in
support of such request ,hall 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 must be in
line -item form and must be in accord with the Agreement. All
expenditures roust be verified by oriiiinal. invoices and a copy of
the check used to pay that specific invoice must be provided at
the time of the reimbursement request. Copies of the cancelled
checks mut be submitted within sixty (6,0) days from the (late the
request for reimbursement is made. In cases where invoices art
paid by various funding sources, copies of the invoices ,nay be
submitted but must indicate the exact amount paid by various
funding sources equaling the total of invoices. No miscellaneous
catagories will be accepted in the line -item budget. Request for
line -item changes are allowable with prior review and approval by
the CITY. Requests for payment shall be made at minimum on a
monthly basis. Reimbursement requests for expenditures incurred
during the life of the Jlgreeinent shall not be honored unless
received by the CITY within 30 days following expiration date of
the Agreement.
813-lO1 7
C) CITY s1,11 I h.rve t )if, ri oit, t o rr- view .ind a vli t the time
records and related records of the t;RANTFF, pertaining: to any
payments by the CITY.
V. TERMINATIM4 OF At,REEMFNT:
CITY retains the rih?h1, to t.erminato this Aareernent. at any
time prier to the completion of the :;ervice; required pi_jrsuant to
Paragraph 3 hereof without penalty to (--I'CY. Tn t,h:3t event.,
•- notice of termination of this Agreement shall be in writing to
GRANTEE who shall I)e paid for expenses incurred prior to the date
of the receipt of the notice of termination. In no case,
however, will C,i'CY 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 GRANTEE
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 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 party at the address indicated herein or as the same may
be changed from time to time. Such notice small be deemed given
on the day on which personally served; or, if by mail, on the
fifth day after being poste(+ or the date of actual receipt,
whichever is earlier.
GRANTEE: CITY OF MIAMI:
CARIBBEAN CENTRAL -CESAR H. ODIO
AMERICAN ACTION CITY MANAGER
11211 CONNECTICUT AVE., N.W. CITY HALL
SUITE 510 3500 PAN AMERICAN DRIVE
WASHINGTON D.C. 20036 MIAMI, FLORIDA 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.
88-101'7
D) Shoul(i anV provis►nn,,3, paragraphs, ^ent.enres, words or
phrases contained in this Agreement he detPrrnined by a court of
wcompetent, jurisdictinn tr) he invalid, illeFal nr oth(,rwise
unenforceable under the laws of the ^tate of Florida or the City
of Miami, sunh provisions, paragraphs, 5f,r1r.enCe51 wnres (1r
phrases shall be deemed mndified to the extent necessary in nrder
to confnrm with such laws, or if nnt, inndifi.-Ible to conform with
such laws, then same shall be deemed severable, and in either
event, the remaining terms and prnvisions 6f this Agreement shall _
remain unmodified and in full force and effect.
VII. AWARD OF AGREEMENT:
GRANTEE warrants that it has not employed or retained any
person employed by CITY to solicit or secure this Agreement and
that it has not offered to pay, paid, or agreed to pay any person
employed by CITY any fee, commission, percentage, brokerage fee,
or gift of any kind contingent upon 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
or firm unless CITY shall first consent in writing to tine
performance or assignment of such service or any part thereof by
another person or firm.
IX. CONSTRUCTION OF AGREEMENT:
This Agreement shall be construed 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, successors, and
assigns.
XI. 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 assets and properly
reconcile accounting transactions. CITY will not release any
-�- 813_1.017
9
funds to GRANTEE%rior to receipt of this lel,%,er.
B) 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.
XII. INDEMNIFICATION:
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 or 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,
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:
The GRANTEE covenants that no person under its employ who
presently exercise any functions or responsibilities in
connection with this Agreement has any personal financial
interest, direct or indirect, in the work product of this
Agreement. The GRANTEE 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
the GRANTEE or its employees must be disclosed in writing to the
CITY. The GRANTEE, in the performance of this Agreement, shall
be subject to the more restrictive law and/or guidelines
regarding conflict of interest promulgated by federal, state or
local government.
-6- 88--1017
/0
'� V T l t T .1 n r n r.� i� r. e �r r r� • e r n• � T�_
GRANTEE and Its employees and ;;gents shall he 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 its
employees and agents shall not be deemed entitled to the Florida
Worker's Compensation benefits as an employee of the 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 payments, advances, or other
compensation paid to GRANTEE by CITY while GRANTEE was in default
of the provisions herein contained, shall be forthwith returned
to CITY.
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.
XVII. MINORITY PROCUREMENT COMPLIANCE:
GRANTEE acknowledges that its 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.
XVIII. WAIVER:
No waiver of any provision hereof shall be deemed to have
been made unless such waiver be in writing signed by the City
Manager. The failure of CITY to insist upon the strict
performance of any of the 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 shall
continue and remain in full force and effect.
-7- 88-101"7
II
r1 ,�
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. COMPLIANCE WITH FEDERAL, STATE 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, GRANTEE shall
maintain bonding and insurance coverages in amounts as determined
by the Risk Management Division of CITY. The CITY shall be named
as an additional insured.
B) GRANTEE shall furnish certificates of insurance and
bonding, as required, to CITY prior to commencing any activities
under this Agreement.
• XXII. ENTIRE AGREEMENT:
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 set forth in this
Agreement are of no force or effect.
XXIII. ASSURANCES AND CERTIFICATIONS:
GRANTEE assures and certifies that:
A) All expenditures of funds will be made in accordance
with the Work Program and Line Item Budget (both of which are
attached as Exhibits 1 and 3).
B) CITY funds will not be co -mingled with any other funds
and that 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.
'8' 88-1017
E) GRANTEI AlII be personally 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
activities.
G) GRANTEE possesses legal authority to enter into this
Agreement; a resolution, motion, or similar action has been duly
adopted or passed as an official act of GRANTEE's governing body,
authorizing the execution of this Agreement, including all
understandings and assurances contained herein, and directing and
authorizing the person identified as the official representative
of GRANTEE to act in connection with GRANTEE and to provide such
additional information as may be required.
XXIV. 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 their respective officials thereunto
duly authorized this day and year first above written.
ATTEST:
MAT Y HI AI
CITY CLERK
ATTEST:
CITY OF MIAMI, a municipal Corpora-
tion of the State of Florida
By.
CESAR H. OD 0
CITY MANAGER
GRANTEE: Caribbean Central
American Action
SEAL
PRESIDENT
-9-
APPROVED AS TO INSURANCE REQUIREMENTS:
INgURANCE HARAGER
t
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FtRNXNDEZ
CITY ATTORNEY
•k
a
a t
CORPORATE RESOLUTION
WHEREAS CARIBBEAN CENTRAL AMERICAN ACTION desires to enter
into an agreement with the City of Miami; and
WHEREAS, the Board of Directors 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 secretary 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 , 1988.
( SEAL)