HomeMy WebLinkAboutR-87-0353J-87-379
1 4/ 8/ 8 7 RESOLUTION NO.8 ""3 l 3-
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY,
WITH THE LATIN CHAMBER OF COMMERCE,
INC., TO IMPLEMENT THE $34,000 CITY OF
MIAMI ALLOCATION IN SUPPORT OF THE VIII
HEMISPHERIC CONGRESS OF LATIN CHAMBERS
OF COMMERCE AND INDUSTRY; WITH SAID
FUNDS APPROPRIATED IN THE CITY'S 1986-87
FISCAL YEAR BUDGET.
WHEREAS, the Latin Chamber of Commerce through the
Permanent Secretariat of the Hemispheric Congress of Latin
Chambers of Commerce and Industry is strengthening private
enterprise as well as promoting the City of Miami as an
international center for finance, trade, tourism and
export/import activities in Latin America and the Caribbean
through events such as the VIII Hemispheric Congress of Latin
Chambers of Commerce and Industry; and
WHEREAS, the City of Miami has supported since 1980 and
wishes to continues its support of the Hemispheric Congress of
Latin Chamber of Commerce and Industry for fiscal year 1986-87;
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 the
Latin Chamber of Commerce, Inc., to implement the $34,000 City of
Miami contribution in support of the VIII Hemispheric Congress of
Latin Chambers of Commerce and Industry.
Section 2. The City Manager is hereby authorized to utilize
funds appropriated in the City's 1986-87 fiscal year budget for
said purpose.
p� MDBISSION
REE't'ING OF
APR S 1987
.-3531
MAN& M
PASSED AND ADOPTED this 901
ATTEST:
PREPARED AND APPROVED BY:
e",4 a L &a. d- e <-
CHIEF DEPUTY CITY ATTORNEY
APPROVED/AS/TO FORM AND CORRECTNESS:
CIVdiORNEY
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CITY OF MIAMI, FLORIDA
,40W LATIN CHAMBER OF COMMERCE, INC.
AGREE14ENT
This Agreement entered into, this day of ,
1987, by and between the City of Miami, a municipal corporation
of the State of Florida, hereinafter referred to as "CITY", and
LATIN CHAMBER OF COMMERCE, Inc., a not -for -profit corporation of
the State of Florida, hereinafter referred to as "GRANTEE".
RECITAL:
WHEREAS, pursuant to Resolution No. 87-353, adopted April 9,
1987 the City Commission allocated the amount of $34,000 from
the City's FY 1986-87 funds to be utilized in support of the VIII
Hemispheric Congress of Latin Chambers of Commerce and Industry
to be held September 9-12, 1987 in Miami, Florida;
NOW, THEREFORE, the City of Miami and the GRANTEE mutually
agree as follows:
TERM:
The term of this Agreement shall commence on May 1, 1987 and
shall terminate on April 30, 1988.
II.
CITY AUTHORIZATLUR;
For, the purpose of this agreement, the City of (Miami
Department of Development (hereinafter the "DEPARTMENT") 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.
9
GRANTEE AGREES:
A. GRANTEE shall prepare, coordinate and supervise the YIlI
Hemispheric Congress of Latin Chambers of Commerce hereinafter
referred to as "CONFERENCE", to be held on September 9-12, 1987
in Miami, Florida.
B. GRANTEE shall incorporate in all promotional materials
the name and logo of the CITY as co-sponsor of the CONFERENCE.
C. GRANTEE shall prepare and submit to the City through the
DEPARTMENT reports on a monthly basis, from the date of the
commencement of this Agreement, regdrding the status and progress
of the activities related to the preparation of the CONFERENCE.
D. GRANTEE shall submit to the City through the DEPARTMENT
a final report within thirty (30) days of the conclusion of the
CONFERENCE that shall include: numbers of participants in the
conference by country of origin; final program and a narrative of
activities covered by the program and an evaluation of the event
in respect to the benefits received by the CITY as a result of
this Agreement.
IV.
COMPENSATION:
A) The CITY shall pay the GRANTEE, as maximum compensation
for the services outlined pursuant to Paragraph 3 hereof, an
amount not to exceed $34,000 as reflected in the Line Item Budget
that is attached hereto and made part of the Agreement as Exhibit
1.
B ) Said compensation shall be paid on the following basis:
Upon execution of this Agreement and with a written request from
the GRANTEE, the CITY shall advance 25% or $8,500 of the total
Agreement of $34,U00 within ten (10) working days from the date
of the City's receipt of such request. Prior to final
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reimbursement of fiscal year, verification for the initial
advance must be submitted. All other payments shall be
reimbursements 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 statements declaring and affirming that all disbursements
were made in accordance with the approved Line -Item Budget. All
documentation in support of such reimbursement requests shall be
submitted to the CITY at the time the request is made and all
invoices are required to be paid by the GRANTEE prior to
submission of the request for reimbursement. All reimbursements
must be in line -item form and must be in accord with the
Agreement. All expenditures must be verified by original
invoices. Copies of the canceled checks which were used to pay
the specific invoices must be submitted within sixty (60) days of
the date of the check. In case 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 categories will
be accepted in the Line -Item Budget. Requests for Line -Item
Budget changes are allowable, with prior review and approval by
the CITY. Requests for payment shall be made as needed.
Reimbursement requests for expenditures incurred during the life
of the Agreement shall not be honored unless received by the CITY
within thirty (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 GRANTEE pertaining to any payments
by CITY.
V.
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TERMINATION OF CONTRACT:
CITY retains the right to terminate this Agreement at any
time prior to the completion of the services required pursuant to q
,
Page No. 3
87-4353
Paragraph 3 hereof without penalty to CITY. In that event,
notice term4 ation of this Agreement shall be in writing to the
GRANTEE who shall be paid for expenses incurred prior to the date
of the receipt of the notice of termination. In no case,
however, will CITY pay GRANTEE an anount 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, then 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 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.
GRANTEE:
LATIN CHAMBER OF
COMMERCE, INC.
1417 West Flagler Street
Miami, FL 33135
CITY OF MIAMI:
DEPART14ENT OF DEVELOPMENT
300 Biscayne Blvd. Way
SUITE 4UU
141 ami , FL 33131
B) Titles and paragraph headings ar(
reference and are not a part of this Agreement.
for convenient
C) In the event of conflict between the terms of this
Agreement and any terms or conditions contained in any attached
J documents, the terms of this agreement shall rule.
Page No. 4
$'7" '353'
D) 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.
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.
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 snail 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 }
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the laws of the State of Florida.
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X.
SUCCESSORS AND AnIGNS:
This Agreement shall be binding upon the parties herein,
their heirs, executors, lega.l 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
funds to GRANTEE prior to receipt of this letter.
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 to
$25,000.
D) All GRANTEES receiving $25,000 or more agree to submit
to DEPARTMENT do independent audit, by a certified public
accountant. Said audit must include the expression of an opinion
as to the actual and budgeted receipts and expenditures of the
City's funds. Said audit snali be submitted to DEPARTMENT no
later than thirty (30) days after the termination of this
agreement or final receipt of CITY funds, whichever is
applicable.
X1I.
INDEMNIFICATION:
GRANTEE shall indemnify and save CITY harmless from and
against any and all claims, liabilities, losses, and cause of r
action, which may arise out of GRANTEE's activities under this rl
Page No. 6
Agreement, including all other acts or Comi ssi ons 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:
A. GRANTEE 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. GRANTEE 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 the GRANTEE or its employees, must be
disclosed in writing to the CITY.
B. GRANTEE 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.
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
Worker's Compensation benefits as an employee of the CITY.
Page No. 7
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.
XV1.
NONDISCRIMINATION:
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 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.
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
Mandger. 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.
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87-353
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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 9ND 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.
8) GRANTEE shall furnish certificates of insurance and
bonding, as required, to CITY prior to commencing any activities
under this Agreement.
XXII.
ENTIRE AGREEMENT:
This agreement 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
j 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.
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87 -353
XXIII.
ASSURANCES AND CERTIFICATIONS:
GRANTEE a4"res and certifies that:
A) All expenditures of funds will be made in accordance
with the MBO form and Line Item Budget (both of which are
attached as Exhibits 1 and 2), approved by the City Commission.
The City will not reimburse the GRANTEE for State Sales Tax.
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 a competent
I
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
1
1 understandings and assurances contained herein, and directing and
i authorizing the person identified as the official representative
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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.
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IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed by their respective officials thereunto
duly authorizedmithis day and year first above written.
ATTEST:
CITY CLERK
CITY OF MIAMI, a municipal Corpora-
tion of the State of Florida
By:
CITY MANAGER
GRANTEE: LATIN CHA14SER OF
COMMERCE, , INC.
CORPORATE SEAL
GUARANTEE
I, Luis Sabines, in consideration of the City of Miami's
execution of the foregoing Agreement, the undersigned guarantees
i the performance of the terms and conditions in said Agreement
required to be performed by the GRANTEE including but not limited
-� to the provisions relating to default, assurances, and
certifications.
Dated this �day of (��n ( L 1987.
ILuis Sabines, an individual
1
Individually
WITNESS:
AS TO INSURANCE i
REQUIREMENTS:
ULVi51UfrU_V#"R1AKT
OVJ?D AS PTO FORM AND CORRECTNESS:
%.uvan n. vvvu
CITY ATTORNEY
Page No. 11
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Exhibit I
LINE ITEM BUDGET
VIII Hemispheric Congress Of Latin
Project Title: Chambers of Commerce and Industry
Contract Period: roug
Contract Amount: $34,OUU
Code No.
Personnel Services
001 Shcaries & Wages
100 FICA Taxes
130 Group Insurance
150 Worker's Compensation
160 Unemployment
Operating Expenses
270
Professional Services
280
Accounting and Auditing
420
Travel & Per Diem --Other 6,UUU
SID
Communication Services --
Telephone 1,600
520
Communication Services --
Telegraph 2,900
533
Postage 4,buu
540
Utility Services --Electricity
610
Rent --Equipment
620
Rent --Space
640
Property Liability Insurance/
Bonding
670
Repair & Maintenance Services
680
Printing and Binding—11,500
690
advertising and Promotion 61buo
700
Office & Operating Supplies 1,000
760
Books, Publications &
Memberships
Capital Outlay
Machinery & Equipment --New
TOTAL 34,000
S7-3S3 ��
8 7-352
.
ITEM BUDGET NARRATIVE AMOUNT
420 TRAVEL AND PER DIEM $6,000
To.mplement the work agenda of the Hemispheric
Congress.
SID COMMUNICATIONS SERVICES- TELEPHONE $1,600
Required to coordinate and implement the Hemispheric
Congress' work program.
520 COMMUNICATION SERVICES- TELEGRAPH $29900
Required to coordinate and implement the Hemispheric
Congress' work program.
533 POSTAGE $4,500
For mailings within the U.S.A., Canada, Latin America,
and the Caribbean.
680 PRINTING AND BINDING $11,500
Reproduction and Printing of Materials.
690 ADVERTISING AND PROMOTION $6,500
Necessary for the promotion of the VIII Hemispheric
Congress including the preparation of banners and
other promotional materials.
700 OFFICE & OPERATING SUPPLIES $11000
General Supplies for office use.
TOTAL
$34,000
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7,00, 3
8! -35Z
CORPORATE RESOLUTION
WHEREAS Latin Chamber of Commerce, Inc. 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.
�PATED this } day of 1987.
ERSON OF THE BOA RUTURS
(SEAL)
ww.,.
If
.: fir.• �.
JUNTA DE GOSIERN
1985.1987
74
CAMARA DE COMERCIO LATINA DE LOS ESTADOS LIN UM0
Latin Chamber of Commerce of U.B.A.
MAILING AODRESS: PHONE MAIN OFftE:
P.O. BOX 350824 1305) 642-3870 ' - . 1417 W. FLAGLER ST.
O MIAMI. FLA. 33135 TELEX 153601. MIAW. FLA. 33136
PRMDE14TES DE H014OR
Horatio Aguirre
Manuel Salado
PRESIDENTE
Luis Sabines
VICEPRESIDE14TES
Elpidio IYtifta
William Alexander
Mrgilio Perez
Anthony C. Rivas
Adalvetto Ruiz
Mario Pestonil
A. Armando Alexandre
SECRETARIO
Fernando Carrandi
VICESECRETARIOS
Manuel Vega
Humberto J. Pell6n
March 26, 1987
Hon. Cesar Odio
City Manager
City of Miami
City Hall
3500 Pan American Drive
Miami, Florida 33133
Dear MC. Odio:
TESORERO I would like to take this opportunity to request a
Orlando Naranjo personal appearance for myself and Mr. William
VICETESOREROS Alexander, Chairman of the Hemispheric Congress, before
Angel Fandlbue o
Pedro Albuerne the Hon. Commission of the City of Miami, on April 9,
DIRECTOR DE 1987.
RELACIONES EXTERIORES
Jay Rodriguez This request is in order to discuss the release of
VICEDIRECTORES DE $34, 000.00 which were previously budgeted, and will be
RELA0014ES EMWORES used for the organization and celebration of the VIII
Jose Vias
Garcia Bello
S Horatio S. Hemispheric Congress.
DIRECTORES Fernando Rodriguez Your valuable consideration to this matter will be
Francisco Figueredo appreciated.
Elmer Leyva
Modesto Gomez Sintl
Manuel Rodriguez y ,
Mario O Gutierrez Teresa
Teresa Zubizarreta
Arturo Alfonso
Roberto B. Corona
Rodolfo Sanchez Luis Sabines
Jorge Khuly President
Ebseo (Tito) Riera G6mez
PAST PRESIDENTS
Elisen Piers Gomez
Gilberto . Jmeida
Manuel Balado
Rzge:io Barnos
Eiay 6 Gonzalez
ASESORESLEGALES
Pedro rian•rin Lopez
LuCiano Isla
ASESOR HIPOTECARIO
Abel Holu
ASESOR ECONOMICO
Carlos Arbolays
LS:pa
cc: Aurelio Perez L.
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