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Home My WebLink AboutR-84-0269J-84-129 2,114/85 rr/D-6 M84-92 1 / 26 /84 RES11LUI ION N0. ��' �o A RESOLUTION ALLOCATING AN AMOUNT NOT TO E XCf ED $ 2 5 , 000 F H 0 M SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, FOR THE PURPOSE OF CITY PARTICIPATION IN THE "IV INTER-AMER ICAN SUGARCANE SEMINAR ON SOIL FERTILITY AND MANAGEMENT", HELD IN MIAMI OCTOBER 5-7,1983. SUBJECT TO INTER-AMERICAN TRANSPORTATION LQUIPMENI COMPANY PROVIDING THE CITY MANAGER WITH ATTENDANCE FIGURES, COPY OF A CERTIFIED AUDIT OF ITS HOOKS, AND THE CITY RETAINING THE RIGHT TO AUDIT THE BOOKS OF THIS EVENT IF DEEMED NECESSARY; FURI HER AUTHORIZING THE CITY MANAGER TO EXECIIIE AN AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED, WITH SAID COMPANY. WHEREAS, the "IV Inter -American Sugarcane Seminar on Soil Fertility and Management", is the type of scientific event that promotes the City of Miami as an international center for technology transfer; and WHEREAS, the foreign participants in the event are part of the agri-husiness sector which is emerging as an influential segment of the City's international trade; and WHEREAS, on January 26, 1984, pursuant to Motion No. 84-92, the City Commission approved the expenditure of an amount not to exceed $25,000 for the purpose of City participation in the "IV Inter -American Sugarcane Seminar"; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. An amount not to exceed $25,000 is hereby allocated from Special Proqrams and Accounts, Contingent Fund, for the purpose of City participation in the "IV Inter -American Sugarcane Seminar on Soil Fertility and Management" held October 5-7, 1983. CITY COMMISSION MEETING OF MAR 81954 AA Section 2. The herein allocation is conditioned upon the Inter -American Transportation Equiment Company providing the City Manager with attendance fiqures, copy of a certified audit of its books, and the City retaining the right to audit the hooks of this event if deemed necessary. Section 3. The City Manager is hereby authorized to execute an agreement, substantially in the form attached, with the Inter -American Transportat inn Equipment Company in connection with said Seminar. PASSED AND ADOPTED this 8tli day of March , 1984. ATTEST: CITY CLF9-v PREPARED AND APPROVED BY: DEPUTY CITY ATTORNEY Maurice A. Ferre APPROVED AS TO FORM AND CORRECTNESS: /I=TYATTORNEY -2- 84-269 •k A G R E E M E N T THIS AGREEMENT, made and entered into 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 Inter -American Transport Equipment Company, hereinafter referred to as I.T.E.C., a corporation of the State of Florida, whose principle place of business is located at the Inter -American Building , 3690 N.W. 62 Street, Miami, Florida 33147. W I T N E S S E T H WHEREAS, the Inter -American Transport Equipment Company has requested financial support for the preparation, coordination and supervi- sion of the "IV Inter -American Sugarcane Seminar on Soil Fertility and Management" held at the Florida International University during October 5-7, 1983. WHEREAS, the Inter -American Sugarcane Seminars have undoubtedly become a scientific annual event of great profitability to the sugar industry of this Western Hemisphere and is the type of event that promotes Miami as an International Center for Technology Transfer. WHEREAS, on January 26, 1984, pursuant to Motion 84-92, The City Commission authorized the City Manager to allocate an amount not to exceed $25, 000. for an event held in October 1983 known as the "IV Inter - American Sugarcane Seminar" subject to promoters providing the City Manager with attendance figures, copy of a certified audit of their books and further stipulating that the CITY shall have the right to audit the books of this event if it were deemed to be necessary. NOW, THEREFORE, the City of Miami and Inter -American Transport Equipment Company do mutually agree as follows: I. DEFINITIONS CITY CITY OF MIAMI I.T.E.C. INTER-AMERICAN TRANSPORT EQUIPMENT COMPANY SEMINAR IV INTER-AMERICAN SUGARCANE SEMINAR D.1.T.P. . . . DEPARTMENT OF INTERNATIONAL. TRADE PROMOTION, TO SERVE AS CONTRACT MANAGER 84•-26 11D Page No.2 11. UNDERSTANDING A. It is understood that through the execution of this Agreement, the CITY contracts with I.T.E.C. for professional services to prepare, coordinate and supervise the Seminar. B. The purpose of the Seminar shall be: 1. To create and coordinate a Seminar that will focus on Soil Fertility and Management. 2. Combine the efforts of the public and private sectors to further enhance the sugarcane industry in South Florida. C. I.T.E.C. will prepare and submit to the D.I.T.P. a report that should include: numbers of participants by country of origin, final program, and narrative of activities covered by the program. I.T.E.C. agrees to submit to the CITY, through the D.I.T.P, this report within thirty days of the conclusion of this Agreement. D. The coordinator of the Seminar will work in close cooperation with the Contract Manager in order to implement the goals and objectives agreed upon by the officers of I.T.E.C. 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 requested. 2. To maintain books, records, documents and other evidence according to generally accepted accounting principles, procedures and practices which sufficiently and properly reflect all costs of any nature expended in the performance of this Agreement. 3. The aforesaid records, books, documents and other evidence shall be subject at all times to inspection, review, or audit by CITY personnel. 4. The CITY reserves the right to audit the records of the Seminar at any time during the performance of this Agree- ment and for a period of one year after the termination of this Agreement. F. It is understood that I.T.E.C. will provide the City Manager with attendance figures and copy of a certified audit of the "IV Inter -American Sugarcane Seminar" upon execution of this Agreement, or within thirty days thereafter. 84-26D 4 At Page No. 3 Ill. TERM This Agreement shall cover the period of October 5, 1983 through April 16, 1984. The Seminar was held on October 5-7, 1983. IV. COMPENSATION For the rights and benefits realized through this Agreement, the CITY will pay I.T.E.C. an amount not to exceed $25, 000. for the coordination, preparation and supervision of the Seminar. The above amount is to be paid to I.T.E.C. after I.T.E.C. provides the City Manager with attendance figures of the IV Inter -American Sugarcane Seminar and a copy of a certified audit of their books. V. INDEMNIFICATION I.T.E.C. shall indemnify and save the CITY harmless from and against and all claims, liabilities, losses, and causes of action which may arise out of I.T.E.C. activities under this contract, including all other acts or omissions to act on the part of the I.T.E.C. 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 I.T.E.C. during the terms of this Agreement. B. The Contract Manager shall be the Director of the City of Miami, Department of International Trade Promotion. VII. 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. Vi I I . EQUAL OPPORTUNITY I.T.E.C. agrees that there shall be no discrimination as to race, sex, color, creed or national origin in connection with any operations under this Agreement. 84•-265, t, U Page No.4 IX. OPPORTUNITIES FOR SMALL AND MINORITY BUSINESSES I.T.E.C. 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. X. 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. XI. CONFLICT OF INTEREST XII. I.T.E.0 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 in this Agreement. I.T.E.C. 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 I.T.E.C. or its employees, must be disclosed in writing to the CITY. I.T.E.C., 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 govern- ment. NON-DELEGABILITY It is understood and agreed that the obligations undertaken by I.T.E.C. 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. XIII. INDEPENDENT CONTRACTOR That I.T.E.C. 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 Compen- sation benefits as an employee of the CITY. 84-26 5 t f Page No.5 XIV. 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, notice of termination of this Agreement shall be in writing to I.T.E.C. 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 I.T.E.C. an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the CITY and I.T.E.0 that any payments made in accordance with this Section to I.T.E.C. shall be made only if said I.T.E.C. is not in default under the terms of this Agreement, then the CITY shall in no way be obligated and shall not pay to I.T.E.C. any sum whatsoever. XV. DEFAULT PROVISION In the event that the I.T.E.C. 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 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 Agreement. Furthermore, any and all funds paid to I.T.E.C. by the CITY while I.T.E.C. 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 caused these presents to be executed by the respective officials thereonto duly authorized, this day and year above written. ATTEST: Ralph G. Ongie, City Clerk CITY OF MIAMI, a Municipal Corporation of the the State of Florida By: Howard V. Gary, City Manager 8Qr-26f.b i Page No.6 ATTEST: INTER-AMERICAN TRANSPORT EQUIPMENT COMPANY By: Secretary REVIEWED BY: 6ssistAt City Attorney Diego R. Suarez, President (SEAL) APPROVED AS TO FORM AND CORRECTNESS: Jose Garcia -Pedrosa, City Attorney 84 269 70 CITY OF MIAMI. FLORIDA _X& INTER -OFFICE MEMORANDUM TO. Howard V. Gary City Manager DATE: February 7, 1984 FILE. SUBJECT:IV Inter -American Sugarcane Seminar Frank J. Diaz-Pou �� „ FROM REFERENCES Director 4City Commission Meeting 3-08-84 Department of International ENCLOSURES: Trade Promotion Three It is recommended that the attached Resolution be passed authorizing the City Manager to allocate an amount not to exceed $25,000. from Special Programs and Accounts, Contingent Fund, for the purpose of City partic- ipation in the "IV Inter -American Sugarcane Seminar" held in Miami, October 5-7, 1983. On January 26, 1984, pursuant to Motion 84-92, the City Commission authorized the City Manager to allocate an amount not to exceed $25,000. for an event held in October 5-7, 1983, known as the "IV Inter -American Sugarcane Seminar, subject to conditions that are contained in the said Resolution. This proposed Resolution will authorize the City Manager to execute an Agreement for the above mentioned purpose, City requirements have been met. Allocation of such funds does not conform with City of Miami Administra- tion Policy No. APM 1-84 dated January 24, 1984, since the sponsor of this event is a for profit organization. FJDP:aam i i. 84-26V