HomeMy WebLinkAboutR-84-0545e ss
J-83-1095
3/12/84
rr/D-5
M83-1012
11/16/83
RESOLUTION NO. 84" 545
A RESOLUTION AUTHORT7_ING THE CITY MANAGER
TO EXECUTE THE ATTACHED AGREEMENT WITH
THE FL_0RI0A EXPORTERS AND IMPORTERS
ASSOC TAT JON (F.E.I.A.) FOR PROFESSIONAL
SERVICES BY THE F.F.I.A. IN ASSISTING AND
SUPPORTING PARTICIPAIION BY THE BLACK
MINORITY BUSINESS SECTOR DURING THE 1984
WORK PROGRAM OF THE F.E.I.A., WITH CITY
FUNDS THEREFOR ALLOCATED IN A SLIM NOT TO
EXCEED $35.000 FROtl SPECIAL_ PROGRAMS AND
ACCOUNTS, CONTINGENT FUND, SAID
ALLOCATION BEING CONDITIONED UPON
COMPLIANCE WITH CITY OF MIAMI
ADMINISTRATIVE POLICY NO. APM-1-B4, DATED
JANUARY 24, 1984.
WHEREAS, the Florida Exporters and Importers Association
(F.E.I.A.) in carrying out its program of activities has
reached out to include the Black Minority Business sector
within its program by creating and initiating activities
specifically designed to meet the needs of that group and as
a result has developed strong working ties with the Martin
Luther King Economic Development Corporation and the
Miami -Dade Chamber of Commerce;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAM1, FLORIDA:
Section 1. The City Manager is hereby authorized to
execute the attached Agreement with the Florida Exporters and
Importers Association (F.E.I.A.) for professional services by
the F.E.I.A. in assisting and supporting participation by the
Black Minority Business Sector of the City during the 1984
Work Program of the F.E.I.A..
Section 2. A sum not to exceed $35,000 is hereby
allocated from Special Programs and Accounts, Contingent
Fund, to the F.E.I.A. pursuant to said Agreement.
--------------
CITY COMMISSION
MF;E11NG Or
MAY 10 1984
_ 10 ' _
Section 3. The herein allocation is conditioned upon
compliance with City of Miami Administrative Policy No.
APM-1-849 dated Jnnuar. y 24, 19134.
PASSED AND ADOPTED this Ip day of May , 1964.
Maurice A. Ferre
EST:
G ONG I _, CI I Y Ut-tWX
PREPARED AND APPROVED BY:
DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
_ 5
i Y ATTORNEY
-2-
M
84-545
39 CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO. Howard V. Gary
City Manager
DATE: March 16, 1984 FILE:
SUBJECT: F.E.I.A.'s Agreement
)1�
P''
FROM Frank J. Diaz-Pou oe® H_41—FFEnENCES. City Commission Meeting
Director March 29, 1984
Department of International ENCLOSURES Three
Trade Promotion
It is recommended that the attached
Resolution be passed authorizing
the City Manager to execute an
agreement between the City of Miami
and the Flog da Exporters and
Im2orters Association ( .E. I.A. )
for proi_es i.ona1_ sere. j.cc:= by the
F.E.l.A. in :: t_ing and up orting
arti.C, i 1� .f .'_oj1...,b t h �'.�. ,c l minority
bus inc .o sc: ct:(_,)r dir: i nc? t-lic 1984 work
c progrtim Cat tile_ l_ l,.�C.Ta�, t"Jt_h City
funds t.lzc..z.c ioz t,1.J c:>c :l.c c; a_zi t.. sU.m
not t.c>_c_..t_c.`I (5 � : 5, 000 1 i c ri _,l)ecz'll
Pro rart•1� zaz ci �;cc cJt�rit: J (.c�nt.irz�aent
Fund, sc i_c3
conUitioned upon camp lii nce with
City of Miami Administrative Policy
No. APM-1-84, dated January 24, 1984.
On November 16, 1983, pursuant to Motion No. 83-1012, the City
Commission approved a request for funding in the amount of
$35,000 to the Florida Exporters and Importers Association,
for the purpose of assisting the Association in the development
of its 1984 work program. F.E.I.A. which has received City
funds in the past, will use this year's funds to provide speak-
ers, prepare programs and organize twelve seminars and/or
conferences to enable existing export/import firms increase
their volume of business, and train new firms to enter the
export/import business. The work program(see attached Calendar
of Events) will also provide emphasis on assisting Black and
other minority businesses enter the international trade sector
through ties with Associations such as the Miami -Dade Chamber
of Commerce and the Martin Luther King Economic Development
Corporation.
`t
FJDP/mmo
84-545
29
A G R E E M E N T
THIS AGREEMENT made anti entered this day of
Nineteen Hundred and Eighty -Four, between the City of Miami, a Municipal
Corporation of the State of Florida, hereinafter referred to as the CITY and the
Florida Exporters and Importers Association, a not for profit corporation herein-
after referred to as F.E.I.A.
W I T N E S S E T H
WHEREAS, F.E.I.A. has been promoting increased professionalism
In the International Trade Sector, one of the basic elements of our local economic
system.
WHEREAS, F.E.I.A. through its membership, has been directly or
Indirectly promoting the City as an international center for trade of goods and
services.
WHE12E.AS, the CITY is c nrm)iittc.';d to a greater integration of minority
business persons in the.. international tradr. and finance sectors, and F.E.I.A. in
carrying out Its program, included the Black Miinorit.y business sector by creating
activities specifically designed for the need, of that group.
WHEREAS, on November 16, 1983, the Commission of the City of
Miami, Florida, enacted Motion No.83-1012 authorizing and directing the City Manager
to allocate an amount not to exceed $35, 000. as a contribution to the Florida
Exporters and Importers Association.
NOW, THEREFORE, the City of Miami and the Florida Exporters and
Importers Association do mutually agree as follows:
I. DEFINITIONS
CITY . . . . . . . . CITY OF MIAMI
F.E.I.A. FLORIDA EXPORTERS AND
IMPORTERS ASSOCIATION
D.1.T.P. 3 DEPARTMENT OF INTERNATIONAL
TRADE PROMOTION, TO SERVE
AS CONTRACT MANAGER
84-545
n
1'aye No.3
effort to involve qualified minority importers and exporters
including Black exporters and importers, in F.E.I.A.
V. INDEMNIFICATION
F.E.I.A. 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 F.E.I.A.'s activities under this
contract, including all other acts or omissions to act on the
part of F.E.I.A. 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. D.I.T.P. rho=ll, on behalf of the CITY, monitor and
evaluate the I crfoi-n ince of F.E.I.A. during the terms
of this Aclrc;; me tit.
B. The CITY rc'r c'rvc the right to audit the records of
F.E.I.A. upon tcii �,c. rlcinc� days prior notice, at any
time during, thr (,`<r fc}rr i nc c? of this Agreement and for
a period of care yr,'.rr aftr'�r paym(-'rit is made tinder this
Agreement. The CITY will bear- the cost of such audit,
and the results shall be made available to F.E.I.A. at
no charge.
VII. AMENDMENTS
No amendments to this Agreement shall be binding on either
party unless in writing and signed by both parties. All
approved amendments shalt be incorporated as a part of this
Agreement upon review, approval and execution by the parties
hereto.
Vill. 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 or by telegraph addressed to the other at the address
indicated herein or as the same may be changed from time
84-S4S
r No. v
i
to time. Such notice shall be deemed given on the day
after being posted or the date of actual receipt, which-
i
s
ever is earlier.
B. Titles and paragraph hear3ings are for convenient reference
i
and are not a part of this Agreement.
)
C. In the event of conflict bettyeen the terms of this Agreement
and any terms or conditions contained in documents, the
f
terms in 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 or
any other provision hereof, and no waiver shall be effective
' unless made in writinca.
iX. GOVERNMENTAL AUTHORITY AND FORCE MAJEURE
No default in the performance of the terms, covenants or conditions
of this Agreement on the part of F.E.I.A. or CITY (other than in
the paymcrit of r-ny accrued billings duc or in any other payment
required horcunc'c_.r by one jmrty to tho othcr) sh„ll he deemed to
continue if i-nd so long F . F. I . A. or CITY, ,-s, the c e rimy be,
shall be C 0z—,yCil III Ur` l)r'('vcntcd ffY; m ici;)( ('yrrl(r H)c _�;illC. by (a)
strikes or oihcr lr,l �r cfi<I�utrt, (h) i=( is of God (.)r th(s In.!hlicv
enemy, ((-.'.) i r,y c�rcf(r, rlircctivc or otherir'torf( r{ n( o by ri-tunicipal,
state, fcdc:.r.�l orother qrvcrnrrir W;-1 of fic:,i;df � or qcnc.y, or (d) any
other caus.c: rc;-f:onAily t)r.yond 0-ic control of F.E.I.A. or CITY, as
the case may be; but, if an %,then the occurrence or condition which
_ delayed or prevented the remedying of such default shall cease or
be removed, it shall be the obligation of F.E.i.A. or CITY, as the
jcase 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.
XI. OPPORTUNITIES FOR SMALL AND MINORITY BUSINESS
F.E.I.A., in procuring supplies, equipment, .construction or
services with the funds provided to it by the CITY pursuant
to Section IV hereof shall make an effort to utilize qualified small
business and minority owned business sources of supplies and
services, and provide these sources a reasonable opportunity to
compete for such contracts.
84-545
Ork
Xll. 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.
X111. REPORTS
A. During the terms of this Agreement, F.E.I.A. will prepare
and submit to D. I . T. P. , a monthly report of F. E. I . A.'s
activities.
B. During the term of this Agreement, D. I .T . P, shall also
regularly report its actual and proposed activities regarding
international trade to F.E.I.A. for the purpose of determining
areas for possible collaboration.
XIV. OWNERSHIP OF DOCUMENTS
A copy of a!l r ritirrc u (Iir:grrims, tracing, charts, and schedules
' developed by F 1:.1.11%, undc$r this Agreement, shall be made
i
available to the l.!'TY 11)y l=.f .l.A. upon compleflon of tile: WORK
and such �,Ti ill ii.�rolvic- the of floc: C;I IY, without
restriction or liniit.Jion on th(— r li-c' Mat all
documents, rcrord .and rcport rn.:lint .ir e: 1 ;,roc# gr nrr atcd pursuant
to this contractual relationship bctv;ccn tlhc CITY and F.E.I.A.
shall be subject to all privision of the Public Records Laws,
Chapter 119, Florida Statutes. Except where otherwise agreed in
writing between the CITY and F.E.I.A. in a document expressly
listing the restricted information and/or documents, F.E.I.A. shall
be free to use for its purposes any information, writings, maps,
contract documents, reports or any other matter whatsoever given
to F.E.I.A. by the CITY pursuant to this Agreement. Any
expressly agreed upon or restricted information or documents shall
at all times remain the property of the CITY and shall not be used
by F.E.I.A. for any other purposes whatsoever without the written
consent of the CITY.
XV. CONFLIC'r OF INTEREST
No official or employee of the CITY may be admitted, directly or
Indirectly, to any share or part of this Agreement, or to any
pecuniary benefit to arise from the same, nor own, or acquire
any personal benefit to arise from the same, nor own, or acquire
any personal interest in any property, contract or proposed contract
84-545
F-.
Page No.6
which would conflict with or relate to the performance, their
duties or responsibilities under this Agreement. If any such
person, presently or in the future, acquires, owns or controls
any such share, bc-nefit, or interest, he shall immediately
disclose such share, benefit or personal interest to the CITY.
Upon such disclo^.r,re, such person shall not continue his
participation unless, it Is determined by the CITY that his
participation is not contrary to the public interest.
XVI. NON-DELEGABILITY
It is understood and agreed that the obligations undertaken by
F.E.I.A. pursuant to this Agreement shall not be delegated to
any other person or firm unless the CITY shall first consent to
the performance of such services by another person or firm.
XV11. INDEPENDENT CONTRACTOR
Neither party, nor its respective employees and agents, shall
be deemed to I)c agents or employees of the other party and
shall not all;%111 ;-iny right or benefits conferred upon such other
party's zigent or crriploy€:es.
XVI11. INDEPENDEI.4CE
Nothing in this Agreement shall give one party the right to
veto any projects or proposed action of the other party.
XIX. TERMINATION OF 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, nctice of termination of this Agreement
shall be in writing to F.E.1.A, who shall be paid for all WORK
performed prior to the date of this receipt of the notice of termination.
In no case, however, will the CITY pay F.E.I.A, an amount in
excess of the total sum provided by this Agreement. It is hereby
understood by and between the CITY and F.E.I.A. that any payment
made in accordance with this Section to F.E.I.A. shall be made only
If said F.E.I.A, is in default under the terms of this Agreement, the
CITY shall in no way be obligated and shall not pay F.E.I.A, any
sum whatsoever.
84--545
Pi
XX.
DEFAULT PROVISIONS
In the event F. E.1. A. fails to comply with each and every term
and condition of this Agreement; or fails to perform any of the
terms and conditions contained herein; or fails to comply with
the written directions of the Director of D.I.T.P. or the City
Manager of the CITY relating to any and all of F. E. I . A.'s
obligations under this Agreement, then within thirty days after
written notice is given to F. E. 1. A. , the CITY at its sole option
and without further notice or demand, may cancel and terminate
this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed by the respective officials thereunto duly authorized on the day and
year first above written.
ATTEST: FLORIDA EXPORTERS AND IMPORTERS ASSOCIATION
�SEfaETARY _ PRESIDENT
ATTEST: CITY OF MIAMI, a Municipal Corporation of the
State of Florida
BY:
RALPH G. ONGIE, CITY CLERK HOWARD V. GARY, CITY MANAGER
APPROVED AS TO FORM AND CORRECTNESS:
DOSE GARCIA PEDROSA, CITY ATTORNMW
84-5,15
FLORIDA
EVORTERS & IMPORTERS
ASSOCIATION
1984 PROPOSED CALENDAR OF EVENTS
January 27, 1984 - Marriott on Biscayne Bay
Banquet / Installation of Officers and Directors for 1984
February 29, 1984 -- Marriott on Biscayne Bay
Breakfast tIeotina. Guest Speakers: Dr. Arnold Ramirez -Eva, President
Bolivar In-II/Multibank International. Dr_. Ramirez -Eva will discuss
the recovery of dcbt.s oared to companies by corporations and/or
individuals in I. ,:,tin America. Antonio Vill..amil, Vice -President, Chief
Internati,ona.1, F: c (( '1e -rt_ Southc it—t. will address the group on the
payment out l - o) for J ,t 3i n Ani r ica in 1984.
*****%C V., f"e4xs,a_:,t.';f:^v $:o- t:: r:�-T't-t,—* l*t*-A*****************************
March 31 �8, 11.)04 - J<-Inlaicra
JM.A J ry ' ��,:.�,r� i �°� J c,lcia? ca Exposition (EXPO 84
March 22, lP6t 1�
Luncheon 1 r c> t.i. ng / SBA Programs
*#**ak*s?e�'a< :t';� s' s5ir its'c4Yt?'^t• d agaR�ziri;#*k#******�k*�k�Itr*lrt�lk*dt#*ic*#*#*****^*ak*******et**
April 19, 1984 - Doing Business wtih Spain -Seminar and Trade Exhibition
May 23,24,25, 10,84 Import Seminar with Participation of CBI and Andean
countries with cooperation of Government trade organ-
izations and Chambers of Commerce
June 28, 1984 - Brazil -/Colossus of the South
One Day Seminar
July 7-22, 1984 -Participation in the Int'l Trade Fair B of ol�
ommbb
July 19, 1984 - Minority International Trade Conference ?9ma21 1Cianu�Lr
Entrepreneurs of Florida)
August 9, 1984 - Doing Business with Mexico - One Day Seminar
August 30, 1984 -- FCIA Information Seminar/breakfast
September 19,20,21 - EXPO Canada
#slur#**xEis'*sktea.Yr**sts4**Taal'A7k$ie*'k7k*si*ieirrnsSc'k'k�krta'rrl�k�txrts4'k'At�"At *si*i�*A***sF*#**k*****
October 25, 26, 1984 First Conference of Luti.n American Associations
of Exporters (to becor,-,e yearly event)
R##sk#tlrie'ikrk�Y*�k�t�rst�lrie*#*YrsYstsl'*,k****iei*x�cyctcshs4ir*�s�'ks4'AstR***st'*ak'ksrAslskxic*******st#**
100 N. Bisrayne Blvd., Suite 911 i hlicna Ronda 33132
P.O. Box 450648 / Miami, Flonda 33145 j (305) 374-2106 Telex 4418SOUl
84-54"
FLORIDA
EXPORTERS & IMPORTERS
ASSOCIATION
- 2 -
November 21, 1984 - Doing Business with the Arab Countries/ One Day
Seminar
December 1.4, 1984 _, Christmas Party
NOTE: This Proposed Calendar of Events does not include events
sponsored by the City of lliami/International Trade Promotion
Dept. lvhich at all times will be co -sponsored by FEIA.
At ilia s,7,,- . t inir--_, it dcc.:- not- incluclo G nc.ral 11 ecmbership Meetings
that h '.vc� t o �� hr' l.d clot: i.n i4c�� cint�e ? a.° <<3 for cl ection and
t:t in l l C -,])6 Pj T t:t 'i:o.7 e Unc,or Amendments
to ttlo voi,CCi t.t� n ti<<-�:�;r, r��.ri�.��?. c 3.c,.(.i-A.cn, of tutu= Assoc-
iation 1,c_ l'icj(i 'i )) t�c-z�c ��,l,c,9� c; f` C'ac: t1 � �'s.x , � a th i 1C install-
ation t>�,z,c ��e t; to l-�c' he 1(3 ) �ltc z� 031 "t:. month,
The ('r.,l„)r1!A. --e(! fully intends to ad1 er,,3 to this
Propose CnJend;c ,r: of Events.
Rand Hernandez Manuel. Zarate
Vice -President Chairman Programming CommitteE
100 N. Biscayne Blvd.. Suite 901 i Miami. Florida 33132
P.O. Box 450648 7 Miami, Florida 33145 / 005) 374-2106 I Telex 4418BOUl
84-545
FLORIDA t
EXPORTERS & IMPORTERS
ASSOCIATION
CORPORATE RESOLUTION
WHEREAS The Florida Exporters and Importers Association
desires to enter into an agreement with the City of Miami; and
WHEREAS, The Do rd of Directors at a duty held corporate meeting has
consictcrc�f i.l;� rerr.ttr��:r� in r ith thf�- of the: ecarpor•ation;
NOW, T1-11;f:i�;r ORI 1 1:: I'i 1,'t' 11111- IFOA1:t? �1= t)I��i:C`"CORS that
the lar"C`[`Ifkril I't'F' �f'0 to Clltt~C
Into ) c,ont►`;`:-A In ihr, r;C rrir � rld earl 1:r•^ha0f of this col-p()[ ration vrith the
City of MiiF.r i up7: n the. forms contained in the propos,vd contract, to which this
resolution is: attached.
DATED this �;, day of t c < < 198 4:
SE TARY
CHAIRPERSON OF THE BOARD OF DIRECTORS
100 N. Biscayne Blvd., Suite 901 ' Miami. Fonda 33132
P.O. Bat 4506481 Miami, Florida 33145 / (305) 374.2106 ; Telex 4418BOUl
84-545
FLORIDA
EXPORTERS & IMPORTERS
ASSOCIATION
AFFIDAVIT
City of Miami
Department of Law
169 East Flagler Street
Suite 1101
Miami, Florida 33131
TO WHOM IT MAY CONCERN:
This is to certify that Sergio de Armas Is authorized
to make and sign contracts and agreements by or on behalf of the
Florida Exporters and Importers Association.
r
�1 �J
a imons
StWetary
Florida Exporters and Importers Association
P.O. Box 450648
Miami, Florida 33145
SWORN TO AND SUBSCRIBED
before me this /"/'day of
reagusa4 y , 198" .
Notary Public State of Florida
at Large
JAY cc"'-!" ..`� .ii.its !', 'k i8 1137
L Ilia c. �w,L c...iANQ UND
My Commission Expi re!i63,,1 BEs yne Blvd., Suite 901 / Miami, Florida 33132
P.O. Box 450648 / Mtairu. Flonda 33145 !305) 374-2106 : Telex 441880UI
84--545