HomeMy WebLinkAboutR-84-1073J-84-815
RESOLUTION NO. 84-IL073
A RESOLt1TTON A11THORTZI NG TTIE CITY MANAGER TO
EXECUTE AN AGRF(Mf:NT. , TN A FORM ACCEPTABLE TO
THE CT'rY Ai T O NFY R t �,: t1 r gr T it C_TTY OF MIAMI
AND RAP E T T Per k; O1a : OUTIT IF1,OR T_I)A , f1 —A. FOR
THE PU,RP0S E OF PC(7fJTING T. T IS FT_NANCIAL
PARTICIPATTOU TN THE AMOUFI T OF - f ,5OO TOWARD
THE PRODUCTION (,05T�) 0 F T I I E PUBLICATION
ENTITLED MIAMI BUSTNI:S 7 REPORT 1983.
WHEREAS, the Department of Economic Development published
the Miami Business Report 1982 and the business community's
acceptance of the same was most favorable; and
WHEREAS, the Department of Economic Development received the
financial support of Barnett Bank of South Florida, N.A. to
defray the costs of the Miami Business Report 1982; and
WHEREAS, the Barnett Bank of South Florida, N.A. has
expressed an interest in sharing the cost of the production of
said 1983 publication with the provision that proper
acknowledgement be given for its financial participation;
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, between
the City of Miami and Barnett Bank of South Florida, N.A., for
i CITY cdlx ,IS4,IC,'b4
SEP yet 1984
the purpose of accepting its financial participation in the
amount of $7,500 toward the production costs of the publication
entitled Miami Business Re ort.1983.
PASSED AND ADOPTED this ZQlh day of September
1984.
ATTEST:
RALP G. OqqGIE, CITY CLERK �—
PREPARED AND APPROVED BY:
b
ROBERT E. CLAR11, DEPUTY CITY ATTORNE
APPROVED A,!5 Ta)jaRM"'—AiJ CORRECTNESS:
Maurice p„ der
MAURICE A. EERRE
Mayor
w
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANOUM
TO, Howard V. Gary DATE: August 20, 1984��:
City Manager
SUBJECT: Approval. of Contract
With Barnett Hank
�r
FROM: Charlotte Gallog�y y REFERENCES:
Director °'-` September 13, 1984 Com-
Department of Economic Developme t ENClQ5URE5:rT1SSslon Meeting
"It is recommr ndr_d that the City Corzmission
authorize the City Go execute an
agreement, in n i ortni jcccpt-=-]b1C to the City
Attorney, nC1-, 5;7�ni; «f youth
Florida, 1d.���. t.�r t.h� },r3r^<� .f =rc�cp.ing
its financi.=�1. ���,�r t �_�ip�.3t.i.nn i�3 the , _..'ount of
seven tho kl;.<,,Ild five hu,-�cired. (1c11.�r _ C_ ,7, 900)
towards defr,,:vinu- the Costs r)f the
publication errtitl.ed the �FJ.r_r,i w Business
Report
For the second
year,
the Department of F,c.onomic
Development (DED)
has produced the
Miami
Business Re)orrt (MBR).
The Miami Business
Report 1982 recci ed
the fIn«ncial support; of Barnett Bank of South
Florida, N.A.
Ti;i z
in
a q'uai.ity document
which was rcc °i.vc
d
r: i t, ? ;,; c ;;,E-n cu crryt,1jus .aar� b t he business
community, withrtvc�.i�.�r.d
frr.rt3 all over the
as 4. E 1
U.S. ^+r` : 1 :..�:
r
a ro,"'
. e. rtii, l l ) (_j ." - r
�., i`. ;1 '_r .C',;T , LtiE' %_rl: h �I' L.,r9Cl Europe.
In the light of t1his- positive past, er pCriCt,Ce, Same tt 13< 3k of
South Florida, N.A. is willing to co-sponsc�r thc- rautlication of the
Miami Business,, Report l9 33 in tlrc amount cf se of=,� thr�u: ,rid five
hundred dol1.ars (>'(,` 00') in return, t??e publicl.tior till include
a letter f r rp ai Hugh Gentry, 13rc,zident of Darnett i ar:k of South
Florida, rd.ii. in thfh r31is1: :cr i.cn, ar.�i 1 tt;=r f`rocr Carlos
Arboleya, '+rice. Pr'esic er:t jj,;a C,3iraf }>�.r: ti.r.g 01 'fi-,e n the Spanish
version..
It is there for�a reco::r ended th; t ; i.c. City (_nt(�r ir:to an agreement
with 13 arr)ctt F3 a 11 If of" Sr�utlr i l.oricta, A. for its financial
contribution towards the publication of the t iarni Business Report
1983.
CG/ADL/ju
�'� Attaci�rnent
AGREEMENT
This Agreement entered into this day of ,
1984,'by and between the City of Miami, a municipal corporation
of Dade Ccunty, Florida, hereinafter referred to as "CITY", and
BARNETT BANK OF SOUTH FLORIDA, N.A., hereinafter referred to as
"CONTRACTOR".
WITNESSETH•
WHEREAS, the City of Miami is committed to economic
development and the expansion of trade and commerce; and
WHEREAS, the Department of Economic Development is
responsible for producing v(ari ot.as economic ptahlicat:i.ons for the
City to be used to promote the City cf Piiami tc� inv�-,�,., and
WHEREAS, the CONTRACTOR has agreed to help defray the costs
associated with the production of the Miami Business Report 1983,
in an amount of $7,500.
NOW, THEREFORE, in consideration of the promises and the
mutual covenants and obligations herein contained, and subject to
the terms and conditions hereinafter stated, the parties hereto
understand and agree as follows:
I.
TERM:
The term of this Agreement shall commence on the day of
execution by the City Manager and shall terminate January 1,
1985.
SCOPE OF SERVICES:
CONTRACTOR'S
scope of services will
include:
1) That through
the execution of
this Agreement,
the CITY
accepts
the aluC'U"'L ()f ;'; , `j=CEO froni ttte CONTRACTOR
for the
purposei,
�,.; .; , s
C; t,r�() �,.�; crii(� �1Y'utl!l::1i'1g
the Mi,<tit
.1h1.ts1rteSS
Report
1983 (MBR), while the
CITY maintains
overall
supervision through the Department of 'Economic
Development as to the contents, preparation and
production of the MBR 1983.
2) The CONTRACTOR will provide the CITY's Department of
Eccnomic Devel.omert, with a letter of introduction in
English and d r.i.sh from its President and Vice -
President, t'espr'cti vcl.y.
3) The twc, ersi.�ns of the_ Miami Business Report 1983 are
scheduled fnr printing by January 1, 1985. In the event
that the Produ(,t,i.o0 of this report i r, cancelled or
postponed, the CONTRACTOR has the option to renegotiate
or terminate this Agreement.
III.
COMPENSATION:
A. For the rights and benefits realized through this
Agreement, the CONTRACTOR will pay the CITY an amount
not to exceed $7,500 (seven thousand five hundred
dollars).
B. Such compensation shall be paid on the following basis:
Payment shall be made in full upon completion of the
services described in Section II of this Agreement and
upon complete execution of this Agreement.
IV.
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS:
Both a a r t i os> _'�ha11 comply with all applicable laws,
ordinance: :d elides of Federal, State and local governments.
V.
GENERAL CONDITIONS:
A. All :entices or other communications which shall or may
be given pursuant to this Agreement shall be in writing
and shin"1 b(a d e 1 i v e r e d try p unL,:1 service, or by
registered us� i' to ct, rty at, .t<4 address
indicated, herein or as the sa:ae m iy be disc gedi from time
to time. Such notice shall be deemed giver: on the day
on which personally served; or, if by sail, on the fifth
day after being posted or the date of actual receipt,
whichever is earlier:
CITY OF MIAMI CONTRACTOR
174 East Flagler Street 800 Arickell Avenue
Miami, FL 33131 Miami, FL 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 term7, or conditions contained in any
attached docunentr.�, 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 cr any other provision hereof, and no waiver
shall bc: effective unless made in writing.
VI.
NONDELEGABILITYL
That the obligations undertaken by CONTRACTOR pursuant to
this Agreement shall not be delegated to any other person or firm
unless CITY shall first consent in writing to the performance of
such service or any part thereof by another person or firm.
VII.
AWARD OF AGREEMENT:
CONTRACTOR warrants that it has not employed or retained any
1
person employed by the CITY to solicit or secure this Agreement
and that it hls not offered, to pay, paid, or aEE,reed to pay any
person employed by ti'le CT't'y vrry f"ci , c0mmiiis ion pe.reontage,
brokerage fee, or gift of airy Lind contingent upon or resulting
from the award of this Agreement.
VIII.
CONSTRUCTION OF AGREEMENT:
This Agreement shall be construed and enforced according to
the laws of the State of Florida.
SUCCESSORS AND ASSIGNS:
This Agreement shall be binding upon the parties herein,
their heirs, executors, legal representatives, successors, and
assigns.
X.
INDEMNIFICATION:
CONTRACTOR shall indemnify and save CITY harmless from and
against Pri -nd a1.1 cl_si.nn, liabilities, los:. e- s and causes of
action which. may, «ris,e out or CONTRACTOR'S ?ct.ivill—Jen under this
Agreement, ir.41c.?di.ne -)l.l, other set^ or orl.sz;ion.a to act on the
part of CONT hCTOF;, i.ncl.i-idir g nry per�.;on acting for or on its
behalf. -,Pc4. from and ;�t?�j.il `C. Drl`,.' ordrr'3, ji:jdFr!?tl S, or deCrE'es
which may be enterer; and f rem .rnd ag; i.rnst all costs, attorney's
fees, expenses and liabil.itiec incurred in the defense of any
such claims, or in the investigation. thereof.
XI.
CONFLICT OF INTEREST:
CONTRACTOR 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.
XII.
INDEPENDENT CONTRACTOR:
C014TRACTOR and its employees and agents shall be deemed to
be independent contractors, and not agents or employees of CITY,
and shall. not Ltt<jin any rights or benefits uncer the Civil
Service cr Pf-n i c n Ordinaiice4 of ILhc CITY, or` urrrit,t�ts
generally ai forded e1an:sifidmd c:,r uncl....:if'ied em1)1ayee:5 vurther
it shall riot- t)e deemed eritit1ed. to the Florida Workers'
Compensation, benefits as an employee of the CITY.
XIII.
TERMINATION OF CONTRACT:
CITY retains the right to terminate this Agreement at any
time prior to the completion of the services required pursuant to
r
N
Paragraph II hereof without penalty to the CITY. In that event,
notice of termination of this Agreement shall be in writing to
CONTRACTOR.
XIV.
CONTINGENCY FUND:
Funding for this Agreement is contingent on the availability
of funds iiiCl c:nr:tir:ued authorization for program activities and
is subject to nmendment or termination dun to lack of funds, or
authorization, reduction of funds, and/or change in regulations.
XV.
DEFAULT PROVISION:
In the event that the CONTRACTOR shall fail to comply with
each and every term and condition of this Agreement or fails to
perform any of the terms and cord it.ions contained herein, then
CITY, at its sole option, upon written notice to CONTRACTOR may
cancel and terminate this Agreement.
XVI.
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
Agreement to be executed in their names all as of the day and
year first above written.
CITY OF MIAMI, a municipal
Corporation of the State of
Florida
ATTEST:
AL H G. 0 G , CITY CLERK syHOWARD V. GARY, CITY MANAGER
CONTRACTOR: BARNETT BANK OF
SOUTH FLORIDA; N.A.
ATTEST:
By
CO ORATE SECRETARY PRESIDENT
(Corporate Seal)
APPROVED AS TO FORM AND CORRECTNESS:
LUCIA A. DOUGHERTY, CITY ATTORNEY