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Home My WebLink AboutR-84-05432}} 1); `}} ƒ\ ATTEST: � \\� G. [ G T, LT »- \}\ PREPARED AND APPROVED BY: ROB { . [ { DEPUTY CITY ATTORNEY ..,; \ APPROVED AS TO FORM AND CORRECTNESS; !RCIA-PEOROSA- /ITY ATTORNEY ] -2- 84 -5 4 3 c 53 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM To, Howard V. Gary DATE: April 10, 1984 FILE: City Manager SUBJECT:Agenda Item - Partnership for Productivity -jr - International FROM: Dena Spillman, Director REFERENCES" V Department of Community Development ENCLOSURES: A'. a Attached is a recanmendation and legislation submitted by the Department of International Trade and Promotion in connection with a funding request submitted by Partnership for Productivity International. This organization is requesting $7,500 to support their 'Tliatmi Conference Vlomen's Action for Progress - Ca ri hk?,a n/Ce,ntr�i 1 Amer-i ca" on M, 20-23, 1984, as described in the attached coverd legislation?, Ne Department of Internatic"ii i I"1't+C: +fl:% {`1CI,1)tl?n i'C'CtLir'IlisS fun(lim'] ill the amount of $7 ,500. This iteri, liar hccn rcviovc=d key tlli and it may be placed on the May 10 CoT ni ',A(vj t�ra(,nda if it meets with your approval. This or-ganization meets the criteria of APM-1-84 for funding consideration. /rj f Enclosure cc: Walter Pierce 84-543 CITY OF MIAM1, FLORIDA INTEROFFICE MEMORANDUM TO. Howard V. Gary DATE: April 6, 1984 FILE: City Manager SUBJECT: Partnership for Productivity/ International - Agreement St' FROM: Frank J. D1aZ^Poujq-2 REFERENCES: City Commission Agenda Director May 10, 1984 +' Department of International ENCLOSURES: Two ? Trade Promotion It is recommended that the attached Resolution be passed allocating a sum not to exceed $7,500. from Special Programs and Accounts, Contingent Fund, to support the "Miami Conference Women's Action for Progress _ C<: ri_bb,ean/Central America". To be, hc-)_d on M-ay 20-23, 1984 in Miz,k.rn t')_c,t:'i a , },}r Partner shi r f e- Internal.: ,O) a , .110 id ,. l loc ,tion being cony i,t-J...one..d upon co;tipliance With City of Mi (-Imi. Administrative Policy INTo . A114-1-8 4 dated January 24, 1984. Partnership for Productivity/International, a 14 year old U.S. private, non-profit development organization, is requesting a contribution from the City of Miami in the amount of $7,500. to underwrite some of the costs of their first "Miami Conference Women's Action for Progress - Caribbean/Central America",scheduled to take place May 20-23, 1984 at the James L. Knight International Conference Center, Miami, Florida. Contributions have also been solicited from Metropolitan Dade County, the State of Florida, the Agency for International Development (A.I.D.), and other organizations. The Conference program will explore the economic role of women in the Caribbean and Central America region. It's emphasis is to capitalize on the implementation of the Caribbean Basin Initiative (C.B.I.) by stimulating and promoting the participation of women organizations, development organizations, government and the business conununity in the economic realities of the region. This event will attract participants from throughout the Caribbean/Central America region, speakers of national and international acclaim, world wide media coverage and will serve to identify Miami as a center for international trade. FJDP /mmo 84-543 AGREEMENT THIS AGREEMENT, made ancd entered into this day of , Nineteen Hundred and Eighty Forir, between the City of Miami, a Municipal Corporation of the 'State of Florid,), hereinafter referred to as the CITY and The Partnership for- Pr•oclrrctivity/International, a not for profit corporation of the State of Florida, hereinafter referred to as PfP/I. W I T N E S S E T H WHEREAS, The Partnership for Productivity/International has requested financial support for their "Miami Conference Women's Action for Progress Caribbean /Central America" to be held on May 20-23, 1984, with the objectives to stimulate a dialogue on the women's economic role in the area of the Caribbean Basin and iden- tify Miami as an important center for regional cooperation among women in the private and public sectors. WHEREAS, The Partnership for Productivity/International is a fourteen year old U.S. private, non-profit organization specialized in Third World issues and program development; with the Executive Committee organizing The Miami Conference composed of: Florida Asp=ociation of Volrintary Agencies for Caribbean Action; Florida Federation of [3r;:..i► -r And l'rofcs:ional 10►� cn': Club; 1=lor-ida International University; International Aff, ir: C:c r�fert> c,ricd th(' Ullivcr- -it I of '�i n►i. to RC,010ti()11 No, , The Commission of' the City of miini Moc-,,ited a suni not to ex -ce(.1 ,,7, `>00, from Special Programs and Accounts, Cont.ingcnt Fund, to rapport the "Miami Conference Women's Action for Progress Caribbean/Central America to be held on May 20-23, 1984, in Miami, Florida. NOW, THEREFORE, The City of Miami and Partnership for Productivity /International do mutually agree as follows: 1. DEFINITIONS CITY . . . . . . CITY OF MIAMI PfP/I PARTNERSHIP FOR PRODUCTIVITY /INTERNATIONAL CONFERENCE MIAMI CONFERENCE WOMEN'S ACTION FOR PROGRESS CARIBBEAN/CENTRAL AMERICA D.I.T.P. . . . . DEPARTMENT OF INTERNATIONAL TRADE PROMOTION, TO SERVE AS CONTRACT MANAGER. 11, UNDERSTANDING A. It is understood that through the execution of this Agreement, the CITY contracts with PfP/I for professional services to prepare, coordinate and supervise the Conference. 84-543 A G R E E N1 E N T THIS AGREEMENT, made ind entered into this day of , Nineteen Hundred and Eighty F0rir, between the City of Miami, a Municipal Corporation of the State of Florida, her(=inafter referred to as the CITY and The Partnership for Productivity/internatic,nal, a not for profit corporation of the State of Florida, hereinafter referred to as PfP/I. W I T N E S S E T H WHEREAS, The Partnership for Productivity/International has requested financial support for their "Miami Conference Women's Action for Progress Caribbean /Central America" to be held on May 20-23, 1984, with the objectives to stimulate a dialogue on the women's economic role in the area of the Caribbean Basin and iden- tify Miami as an important center for regional cooperation among women in the private and public sectors. WHEREAS, The Partnership for Productivity/International is a fourteen year old U.S, private, non-profit organization specialized in Third World issues and program development; r ith the Executive Committee organizing The Miami Conference composed of: Florida_ Asscoci,: tlon of %1oluntary (agencies for Caribbean Action; Florida Federation of r nci I'rofC!7 iorlal Club; Florida International University; International the UIli v(,I. "itv of Mi„lrii. 1'tiftf ll,`�, I�rrr t ti> Ide��«Ir-,tic+�r Igo. 111e C0I11m15sIGl1 of the City of [M)rni EMo(_ lc d a : um not to c;Xe:r r.ct 7, 500. from `special Programs and Accounts, Contingent Fund, to stjplrort the "Mliaiiii Conference Women's Action for Progress Caribbean/Central America to be held on May 2G-23, 1984, in Miami, Florida. NOW, THEREFORE, The City of Miami and Partnership for Productivity /International do mutually agree as follows: 1. DEFINITIONS CITY . . . . . . CITY OF MIAMI PfP/1 PARTNERSHIP FOR PRODUCTIVITY /INTERNATIONAL CONFERENCE MIAMI CONFERENCE WOMEN'S ACTION FOR PROGRESS CARIBBEAN;CENTRAL AMERICA D.I.T.P. . . . DEPARTMENT OF INTERNATIONAL TRADE PROMOTION, TO SERVE AS CONTRACT MANAGER. II, UNDERSTANDING A. It is understood that through the execution of this Agreement, the CITY contracts with PfP/i for professional services to prepare, coordinate and supervise the Conference. 84-543 Page No. 2 E0 12 B. The purpose of the Conference shall be: 1. To stimulate a dialogue on the women's economic role in the area of the CariIA-) an Basin. 2. To identify Miami as a center for regional cooperation among women in the priv ate: and public sectors. C. Additional services to be provided included the provision of reports as outlined in Section X I V . D. The organizers of the Conference will work in close cooperation with the Contract Manager in order to implement the goals and objectives agreed upon by the officers of PfP/i and the Contract Manager. E. Audit and Records. 1. To maintain financial records and reports relating to funds paid to any parties for work on the matters which are subject to this Agreement and submit reports to the CiTY, as reques- ted. 2. To maintain books, records, documents and other evidence according to generally accepted accounting principles, proce- dures and practices k% hich sufficiently and Draper ly reflect all cost: of <:ny nature expended in the: performance of this Agreement. 3. The aforos�aid records, books, documents and other evidence shall be stjhjccr t at all times to inspection, reviev,', or audit by CITY Per-onnel. 4. The CITY re_=:erves the right to audit the records of the Conference at any time during the performance of this Agree- ment and for a period of one year after payment is made under this Agreement. F. It is understood that PfP/I will provide the City Manager with attendance figures and a copy of a certified audit of the Conference, within thirty days after completion of said Conference. ill. TERM This Agreement shall cover the period of 1984, through 1985, since the Conference is to be held on May 20-23, 1984. IN. COMPENSATION For the rights and benefits realized through this Agreement, the CITY will pay PfP/I an amount not to exceed $7, 500. on a lump sum payment for the coordination, preparation and supervision of the Conference. This amount is to be paid to PfP/1 upon receipt of an invoice in the amount of $7, 500. from came at a time after the cornpkele execution of both parties of this Agreement, if the CITY takes such action to terminate the Agreement, pursuant to Section It and Section XIX, PfP/I 84-543 Pie No.3 shall be paid an amount for the cost only of those services which have been rendered as of the date of notice of termination. V. INDEMNIFICATION PfP/I 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 PfP/I activities under this Contract including all other acts or omissions to act on the hart of the PfP/I or any of them, including any person acting for or on his or their behalf, and, from and against any orders, judgments 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. VI. MONITORING AND EVALUATION A. The Contract Manager shall, on behalf of the CITY, monitor and evaluate the performance of PfP/I during the term of this Agreement. B. The Contract Manager shall be the Director of the City of Miami, Department of International Trade Promotion. VI1. AMENDMENTS The CITY may, at its discretion, amend this Agreement at any time, to - Conform with any contingencies which may require such amendment. Amendmcnt:3, if required, shall be incorporated in writing to this Agree- ment upon review, «pproval and execution of the parties hereto. V111. GENERAL CONDITIONS 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 or by telegraph 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 which personally served; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. Titles and paragraph headings are for convenient reference and are not a part of this Agreement. In the event of conflict between thra terms of this Agreement and any terms or conditions contained in documents, the terms in this Agreement shall rule. 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. 84-543 Page No.4 IX. GOVERNMENTAL AUTHORITY AND FORCE MAJEURE No default in the performance of the terms, covenants or conditions of this Agreement on the part of PfP/I or CITY (other than in the pay- ment of any accruod billings due or in any other payment required hereunder by one party to the other) shall he de:med to continue if and so long as PfP/1 or CITY, as the case may be, shall be delayed In or prevented from remedying the same by (a) strikes or other labor disputes; (b) acts of God or the Public enemy; (c) any order, directive or other interference by Municipal, State, Federal or other governmental official or agency; or (d) any other cause reasonably beyond the control of PfP/I or CITY, as the case may be; but, if and when the occurrence or condition which delayed or prevented the remedying of such default shall cease or be removed, it shall be the obligation of PfP/l, or CITY, as the case may be, without further delay to commence the correction of such default or to continue the correction thereof. X. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS Both parties shall comply with all applicable laws, ordinances and codes of the Federal, State and Local governments. X1. EQUAL OPPORTUNITY PfP/I agrees that there shall be no discrimination as to race, sex, color, creed or national origin in connection with any operations under this Agreement. XII. OPPORTUNITIES FOR SMALL AND MINORITY BUSINESS PfP/1 in the procurement of supplies, equipment construction or services to implement this project shall make a positive effort to utilize small business and minority -owned business sources of supplies and services and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. XIII. CONSTRUCTION OF AGREEMENT The parties hereto agree that this Agreement shall be construed and enforced according to the laws, statutes and case laws of the State of Florida. XiV. REPORT PfP/I will prepare and submit to the CITY through D.I.T.P. the following report. PfP/I agrees to submit to the CITY through D.I.T.P. a final report within thirty days of the conclusion of this Agreement. 84-543 Page No.5 XV. OWNERSHIP OF DOCUMENTS XVI. XVI1. XVIII. XIX. All writings, diagrams, tracing, charts, and schedules developed by D.I.T.P. r.srtder this Agreement, shall be delivered to the CITY by said PfP/I upon completion of the work and shall becor'rre the property of the CITY, 4-vithmit restriction or limitation on their use. PfP/I agrees that all dacurnents, records and reports maintained and generated pursuant to this contractual relationship between the CITY and PfP/I shall be subject to all provisions of the Public Records Laws, Chapter 119, Florida Statutes. It is further understood by and between the parties that any information, writings, maps, contract documents, reports or any other matter what- soever which is given by the CITY to the PfP/I pursuant to this Agree- ment shall at all times remain the property of the CITY and shall not be used by the PfP/I, for any other purpose whatsoever without the written consent of the CITY. CONFLICT OF INTEREST PfP/I covc`_naniks that no person under its employ who presently exercises any function,; or rc�ponsihilities in connection with this Agreement has any personal fin,:inc.:iz-1 irrtcrc=sts, c-lircct or indirect in this Agreement, PfP/I further covcrt<Ants iha�, in the ll-wrforrnancc- of thi!: Aclrccrn(-itt, no per!�on having such conflicting irrtcrot I-)c c�rtrlrlovod� Poly such intcrc5ts on the pert of PfP/I or its r._rr,plc�ycc�s, ntu �t b in %%siting to the CITY. PfP/l, in the pc:rforrnance of this Agreement, shall be subject to the more restrictive low and/or guidelines regarding conflict of interest promulgated by Federal, State or Local government. NON-DELEGABILITY It is understood and agreed that the obligations undertaken by PfP/I pursuant to this Agreement shall not be delegated to any other person or firm unless the CITY shall first consent in writing to the performance of such services or any part thereof by another person or firm. INDEPENDENT CONTRACTOR That PfP/I and its employees and agents shall be deemed to be an independent contractor and not an agent or employee of the CITY and shall not attain any rights or benefits under the Civil Service or pension ordinance of the CITY or any rights generally afforded classified or unclassified employees; further, he/she shall not be deemed entitled to Florida Workmen's Compensation benefits as an employee of the CITY, TERMINATION 01: CONTRACT The CITY retains the right to terminate this Agreement at any time prior to the completion of the work without penalty to the CITY. In that event, notice of termination of this Agreement shall be in writing to PfP/I who shall be paid for all work perforated prior to the date of this receipt of the notice of termination, in no case, however, will the N4` 543 T . Page No.6 CITY pay PfP/1 an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the CITY and PfP/I that any payments made in accordance with this Section to PfP/1 shall be made only if said PAII is not in default under- the terms of this Agreement, then the CITY shall in no way be obligated and shall not pay to PfP/I any scam whatsoever. XX. DEFAULT PROVISION In the event PfP/l fails to comply with each and every terms and conditions of this Agreement; or fails to perform any of the terms and conditions contained herein; or fails to comply with the written direc- tions of the Director of the D.I.T.P. or the City Manager within thirty days after such notice is given, then the CITY, at its sole option and without further notice or demand, may cancel and terminate this Agree- ment. Furthermore, any and ail funds paid to PfP/I by the CITY while PfP/1 was in default under the terms and conditions of this Agreement shall be forthwith returned to the CITY. IN WITNESS WHEREOF the parties hereto have cause these presents to be executed by the respective officials therconto duly authorized, this day and year - above written. CITY OF MIAMI, a Municipal Corporation of the State of Florida ATTEST: By: Ralph G. Ongie, City Clerk Howard V. Gary, City Manager ATTEST: PARTNERSHIP FOR PRODUCTIVITY/INTERNATIONAL By: Secretary Andrew H. Oerke, President (SEAL) REVIEWED BY: APPROVED AS TO FORM AND CORRECTNESS Assistant City Attorney Jose arcia-Pedrosa, City -Attorney 84-543