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HomeMy WebLinkAboutR-83-01034 0 J-83-32 rr RESOLUTION NO. S3 - 1,0 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED, WITH THE LATIN CHAMBER OF COMMERCE OF THE UNITED STATES (CAMACOL) FOR THE PURPOSE OF ESTABLISHING A COMPUTER -BASED MARKET RESEARCH CENTER IN THE "PERMANENT SECRETARIAT OF THE HEMISPHERIC CONGRESS OF LATIN CHAMBERS OF COMMERCE AND INDUSTRY", WITH FUNDS THEREFOR ALLOCATED FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, IN AN AMOUNT NOT TO EXCEED $22,000. WHEREAS, the Latin Chamber of Commerce of the United States (CAMACOL) has requested the financial support of the City of Miami in the establishment of a computer -based Market Research Center in the Permanent Secretariat of th Hemispheric Congress of Latin Chambers of Commerce and Industry for the purpose of identifying trade leads in the international markets for the benefit of the Miami business community; and WHEREAS, on May 27, 1982, pursuant to Motion No. 82-433, the City Commission expressed its intention of providing financial assistance to CAMACOL for the purpose of establishing a computer -based Market Research Center; 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 substantially the form attached, with the Latin Chamber of Commerce of the United States (CAMACOL) for the purpose of establishing a computer -based Market Research Center in the "Permanent Secretariat of the Hemispheric Congress of Latin Chambers of Commerce and Industry", with funds therefor hereby allocated from Special Programs and Accounts, Contingent Fund, in an amount not to exceed $22,000. CITY COMMISSION MEETING OF FEB 10 1983 RE80Lllf10N N0. ��;„�Q, i U PASSED AND ADOPTED this loth day of February, 1983. __ 7ST: z�__ ALPH G. ONGIE, CITY CLE K PREPARED AND APPROVED BY: ROBERT F. CLARK DEPUTY CITY ATTORNEY Maurice A. Ferr MAURICE A. FERRE M A Y 0 R APPROVED AS TO FORM AND CORRECTNESS: v c SE R. GARCIA-PEDROSA 'CITY ATTORNEY -2- 83•-103 91 CITY OF MIAMI. FLORIDA INTEROFFICE MEMORANDUM TO Howard V, Gary City Manager �s I�— Frank J. Diaz -Po FROM Director REFERENCES Department of International ENCLOSURES City Commission Meeting - Trade Promotion February 10, 1983 CITY MANAGER'S OFFICE tim i n 20 PSI 3:13 DATE January 18, 1983 FILE SUBJECT Market Research Center It is recommended that the attached Resolution be passed authorizing the City Manager to execute an agreement between the City of Miami and the Latin Chamber of Commerce of the United States (CAMACOL) for the purpose of establishing, supervising and coordina- ting the "Market Research Center in the Permanent Secretariat of the Hemispheric Congress of Latin Chambers of Commerce and Industry", with funds therefor hereby allocated from Special Programs and Accounts in an amount not to exceed $22,000. On May 27, 1982, pursuant to Motion No.82-433, the City Commission approved a request for funding in the amount of $22,000. to the Latin Chamber of Commerce of the United States (CAMACOL) for the purpose of establishing a computer -based Market Research Center. This proposed Resolution will authorize the City Manager to execute an agreement for the above mentioned purpose. FJDP/aam 83-103, A T r. r� r� r� ►,t r+ w t m The City of Miami and the Latin Chamber of Commerce of the United States, a not for profit corporation of the State of Florida, hereinafter referred to as CAMACOL, entered into this aareement this day of January 1983, as a basis of under- standing for the establishment of a "Market Research Center" in the "Permanent Secretariat of the Hemispheric Congress of Latin Chambers of Commerce and Industry." WHEREAS, pursuant to Motion No.82-433, the City of Miami authorized the City Manager to execute an agreement for the purpose of funding this project. WITNESSETH, that the City of Miami has entered into an agreement with CAMACOL to establish the "Market Research Center" as part of the Permanent Secretariat of the Hemispheric Congress of Latin Chamber of Commerce and Industry." NOW, THEREFORE, the City of A-'iami and CAMACOL do mutually agree as follows: I. DEFINITIONS CITY . . . . . . . . . . . SECRETARIAT . . . . . . . . . . . CAMACOL . . . . . . . . . . . CITY OF MIAMI Permanent Secretariat of the Hemispheric Congress of Latin Chambers of Commerce and Industry Latin Chamber of Commerce of the United States D.I.T.P. . . . . . . . . . . . Department of International Trade Promotion, to serve as Contract Manager CENTER . . . . . . . . . . . Market Research Center II. GENERAL SERVICES A. It is understood that through the execution of this agree- ment, the City contracts with CAMACOL for the purpose of establishing, supervising and coordinating the functions 83--1.03 Page No.2 of a Market Research Center. B. The purpose of the Center shall be: 1. Identifying trade leads in the Caribbean and Latin America for the benefit of CAMACOL, other City of Miami trade organizations and affiliated Chambers of Commerce. 2. Develop a comprehensive transfer of information program. C. CAMACOL further agrees to the following: 1. The Market Research Center will distribute to paying subscribers, a once a week bulletin with trade infor- mation. 2. The information will be gathered from the membership of the Secretariat. The gathering of information function will be done utilizing Telex and/or other means of communication that will guarantee the rapid �I• transmission of the data from the originating source ^� to the end user. i ;r 3. A computer based data bank will storage relevant statis- ^ �1�� tical financial information. 'Y/ IJ, I D. CAMACOL will prepare and submit to the City the following reports: 1. CM1ACOL agrees to;.submit to the City, throughout the D.I.T.P., reports on a monthly basis, detailing number of trade leads distributed, number of sales transac- tions generated by the Center and a report covering the financial result of operations of the Center. III. AUDITS AND RECORDS 1. The CITY reserves the right to audit the records of the CAMACOL at any time during the performance of this Agreement and for a period of one year after the completion of this Agreement. 2. The CAMACOL agrees 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 to submit 83-JL03 ■ Page No.3 records to the CITY through the D.I.T.P. as requested. 3. The CAAIACOL agrees 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 in performance of this Agreement. IV. COMPENSATION A. The CITY shall pay the CAt1ACOL, as compensation for the services required pursuant to Paragraph II hereof, $22,000.00. B. CAMACOL and the CITY hereby agree that the maximum amount payable under this contract shall not exceed $22,000.00. V. AMENDMENTS VI I. The CITY may, at its discretion, amend this agreement at any time to conform with any contingencies which may require such amendment. Amendment, if required, shall be incorporated in writing to this agreement upon review, approval and execution of the parties hereto. 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. NON-DISCRIMINATION CAMACOL agrees that there will be no discrimination against any employee or person served on account of race, color, sex, religious creed, ancestry or national origin in its performance of this Agreement; and it is expressly understood that upon the receipt of evidence of such discrimination, the CITY shall have the right to terminate the agreement. VIII. MONITOR AND EVALUATION A. The D.I.T.P. shall, on behalf of the CITY, monitor and evaluate the performance of the CANACOL during the term of this agreement. IX. CONFLICT 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 benefit to arise from the same, nor own, or acquire any 83--I'O'; 14 Page No.4 personal interest in any property, contract or proposed contract which would conflict wi.th 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, benefit, or personal interest, he shall immediately disclose such share, benefit, or personal interest to the CITY. Upon such disclosure, such personal shall not continue his participation unless it is determined by the CITY that his participation is not contrary to public interest. CAMACOL will comply with all Federal, State and local conflict of interest laws and requirements. X. TIME OF PERFORMANCE This agreement shall be effective for a period of one (1) ' year commencing on the date which this contract is fully executed by both parties. XI. OPPORTUNITIES FOR SMP-LL AND MINORITY BUSINESSES CAMACOL 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 this agreement. To the maximum extent feasible, these small businesses and minority owned business sources shall be located in, or owned by resident of the Community Development Target Area(s) designated by the CITY in the Community Development Grant Application approved by the United States Department of Housing and Urban Development. XII. HOLD HARMLESS CLAUSE CAMACOL agrees to defend, indemnify and save harmless the CITY against any and all claims, suits, actions for damages or costs of actions arising during the terms of this agreement for any personal injury, loss of life, or damage to property, sustained by reasons or as a result of CAMIACOL's agents, employees or workmen, carelessness or negligence, from and against any orders, judgments or decrees which may be entered thereon; 83--1.03 " I � Page No.5 0 and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claims, in the investigation thereof. XIII. INDEPENDENT CONTRACTOR That CAMACOL and its employees and accents 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 Worker's Compensation benefits as an employee of the CITY. XIV. TEPNINATION OF CONTRACT The CITY retains the right to terminate this Agreement at any I time prior to the completion of the WORK without penalty to the ;i CITY. In that event, notice of termination of this Agreement shall be in writing to the CAMACOL 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 the CONSUL'.T'AN`I' an amount in excess of the total sum provided by this Agreement. In the event termination occurs after payment by the CITY to CAMACOL, the CITY retains the right to recover the amount in excess of the WORK performed. XV. NON-DELEGABILITY It is understood and agreed that the obligations undertaken by the CAM.ACOL 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 there- of by another person or firm. XVI. 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. 83-103 01 Page No.6 i1, XVII. SIGNATORIES IN WITNESS WHEREOF, the City of Miami and Latin Chamber of Commerce of the United States have entered into this agreement as of the date first above written. CITY OF MIA_MI, a municipal corporation of the State of Florida ATTEST: By: RALPH G. ONGIE, City Clerk HOWARD V. GARY City Manager ATTEST: SP,CRETAIRY REVIEWED BY: LATIN CHAMBER OF COMMERCE OF THE UNITED STATES — f President APPROVED AS TO FORM AND CORRECTNESS: 'ITY ATTORNEYOSE GARCIA-PEDROSA J City Attorney Je _'2. 1 fin t1 t 1 CORPORATE RESOLUTION WHEREAS THE LATIN CHI'.P:.BER OF COP;I:ERCE OF' THE U.S.A. desires to enter into an agreement with the City of Miami for use of and WHEREAS, the Board of Directors of THE LT=N CIiPVDE^ _ 07 COMVERCE OF U. S.A. (CA,,?ACOL) has examined terms, con- ditions and obligations of the proposed contract with the City of Miami for use of ; 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; NOWT THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE LATIN CHA^".BER OF COP"""FRCE OF U.S.A. , d that the president and secretary are hereby authorized and instructed to enter into a contract in the name of and on behalf of this corporation with the City of Miami for use of in accordance with the contract documents furnished by the City of Miami, and for the price and upon the terms and payments con- tained in the proposed contract submitted by the City of Miami. IN WITNESS 14HEREOF, this 14 day of January I 198 3 .. 0 CHAIRMAN, Board of Directors Withes s EXHIBIT 1. 83-103