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HomeMy WebLinkAboutR-83-0106J-83-90 r RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT AWARD FROM THE FLORIDA DEPARTMENT OF COMMERCE IN THE AMOUNT OF $225,000 FOR AN INTERNATIONAL TRADE PROMOTION PROGRAM AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH THE STATE OF FLORIDA: DEPARTMENT OF COMMERCE: DIVISION OF ECONOMIC DEVELOPMENT TO IMPLEMENT THE PROGRAM. WHEREAS, the Legislature of the State of Florida, has appropriated funds for fiscal year 1982-83, in Section 1, Item 205A, Special Categories, Grants and Aids, Chapter 82-215, Laws of Florida, 1982, for International Trade Fairs in Dade County and Tampa; and WHEREAS, the Florida Department of Commerce has allocated $225,000 to the City of Miami to plan, coordinate, support or conduct a Trade Fair(s) or Exposition(s) in the Miami area and international trade fairs in foreign markets; and WHEREAS, the thrust of the Trade Fair(s) or Exposition(s) will be to expand and diversify trade among nations of the world through a special emphasis on development of markets and the export of capital goods and technology among and between these nations; and WHEREAS, the aforementioned allocation will be available to the City of Miami until December 31, 1983 with the option, if agreed to by both parties, to extend the time period; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to accept a grant award from the Florida Department of Commerce in the amount of $225,000 for an International Trade Promotion Program. Section 2. The City Manager is hereby authorized to execute the attached agreement with the State of Florida: Department of Commerce: Division of Economic Development to implement the program. CITY COMMISSION E&EETING OF F E a 10 1983 ►N ►+0..5.3=1Qf 0 PASSED AND ADOPTED this jn*h day of , 1983. ATTEST: G- - LPH G. ONGIE, CITY CLER PREPARED AND APPROVED BY: ROBERT F. CLARK DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: 6CISE R. GARCIA-PEDROSA CITY ATTORNEY Page 2 of 2 Maim c e A- FPrrP M A Y 0 R 8 3--ioc; I 91 STATE Of FLORIDA DEPARTMENT OF COMMERCE. DIVISION OF ECONOMIC DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of 1983, at Tallahassee, Florida, by and between the State of Florida Department of Commerce, Division of Economic Development, herein- after referred to as the "Division", and the City of Miami, Florida, hereinafter referred to as the "City". WITNESSETH: j WHEREAS, the Legislature of the State of Florida, has appropriated j ifunds for fiscal year 1982-83, in Section 1, Item 205A, Special Categories, Grants and Aids, Chapter 82-215, Laws of Florida, 1982, for International i1;Trade Fairs in Dade County and Tampa; and WHEREAS, the Division is authorized by Section 288.03, Florida Statutes, 'I ' to plan and carry out programs designed to enlarge and improve trade with :,other states anti foreign countries, and particularly with countries in the Nestern Hemisphere, and IWHEREAS, the City of AUami, through a Foreign Trade Fair(s) or Ex o- I' p �:sition(s) can assist the State of Florida in becoming the focal point of foreign' :i g p commercial trade and exchange; and i WHEREAS, the Division is empowered pursuant to Subsection 288.03(22), il Florida Statutes (1981), to make grants of funds pursuant to legislative appro. ` priations for same. j NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and promises herein contained, it is agreed between the parties as follows: 1.0 PARTIES: The parties to this Agreement are the State of Florida, Department of Commerce, Division of Economic Development, and the City of Miami, Florida. ' 83-106 0 2.0 TERM: The term of this Agreement shall commence upon the date inscribed above and shall continue through December 31, 1983, subject to termination provisions of Article 6.0 and Sections 7.2 and 7.3 of Article 7.0. 3.0 NOTICES: All notices by one party to the other shall be in writing. Addresses of the parties are as follows: 3.1 STATE OF FLCRIDA, DEPARTMENT OF COMMERCE DIVISION OF ECONOMIC DEVELOPMENT ROOM 501-B, COLLINS BUILDING TALLAHASSEE, FLORIDA 32301 3.2 CITY OF MIAMI OFFICE OF THE CITY MANAGER ' CITY HALL 3500 PAN AMERICAN DRIVE MIAMI, FLORIDA 33133 4.0 DUTIES OF THE CITY: The City agrees to plan, coordinate, support or conduct a Trade Fair(s) :or Exposition(s) which will take place in the Miami area. The City also agrees �'to promote selected International Trade Fair(s) or Exposition(s) in the ongoing ��effort to promote international trade. The thrust of the Trade Fair(s) or Expo- sition(s) will be to expand and diversify trade among nations of the world through a special emphasis on development of markets and the export of capi- ,tal goods and technology among and between these pations. Special emphasis _ i!shall also be given to promoting foreign sales in Florida manufactured products I.and the development of markets for such sales; promoting Florida as the ideal location for foreign firms in servicing the United States and Western Hemi- sphere markets; and to otherwise assist the Division in strengthening Florida's economic base through development of its international trade investment. 4.1 FINAL REPORT: The City agrees to submit a Final Report of work completed through December 31, 1983, within thirty (30) days of the conclusion of the Agreement. This report shall outline, in detail, the uses for which these funds were ex- pended and expected benefits to be received by the City and the State of Florida as a result. 2 83-106 Ei 4.2 ANNUAL AUDIT: Upon request of the Division, the City agrees to make provisions for and have an annual audit of the City's financial records of the product relating to expenditures which are the subject of this Agreement by the State Auditor General or a certified public accountant. A copy of such audit report shall be forwarded to the Division upon its completion, but no later than April 30, 1984. 4.3 TRAVEL EXPENSES: The City agrees as required by Section 287.057, Florida Statutes, that bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof; and bills for any travel expenses shall be submitted and paid in accordance with Section 288.011, Florida Statutes, and rules promulgated pursuant thereto, governing payments for travel expenses, insofar as the use of State funds which are the subject of this Agreement are concerned. 4.4 RECORDS: The City agrees to maintain financial records and reports relating to State funds paid to any parties for work in connection with the Trade Fair(s) or 'Exposition(s) and submit reports to the Division as requested. 4.5 MAINTENANCE OF RECORDS: The City agrees to maintain books, records, documents and other evidence and accounting procedures and practice which sufficiently and properly reflect {all costs of any nature expended in the hosting of the Trade Fair(s) or Expo- ,`.sition(s) for a period of three (3) years from the conclusion of duties set forth ;�in Article 4.0 above. 4.6 ACCESS TO RECORDS: The City agrees that the aforesaid records, books, documents, and other evidence shall be subject at all times to inspection, review, or audit by State :personnel of the Office of the Auditor General, Office of the Comptroller, or (other State personnel authorized by the Department of Commerce, Division of Economic Development. 3 83-106 E 4.7 INDEPENDENT CONTRACTOR: The City understands its role as an independent contr,ictor and not as an agent or employee of the Division. Further, the City agrees to he liawv ror. and shall indc:mnify, defend, and hold the Division harmless fr(mi all claim:. suits, judgments, or damages, including court costs and attorney's rues, ar•isinz from the performance of this Agreement, subject to limitations of Section 76-9.2'. Florida Statutes, and further agrees that no funds acquired from the Division under this Agreement shall be used in legal action against the Division. 5.0 PAYMENTS BY THE DIVISION: The Division agrees to reimburse the City for exp nditures incurred in connection with the hosting of the aforesaid Trade Fair(s) or Exposit it,n(s) ir: an amount not to exceed Twc Hundred Twenty -Five Thousand Doll:tr•s c-$225.Ue,i:; during the term of this Agreement. 5.1 MANNER OF P.E1!► BURSEMENT: The Division agrees to reimburse the City for the aforc!:aid e-xpenditurc•s within a reasonable time of receipt of third party duounientation of such ex- penses, provided all such evid(nce of expenditures is suhmitt(.l no later than December 15, 19811). 5.2 AUTHORIZED EXPENDITURES: All expenditures for which reimbursement is soubht must be in m-cord,nc(- with or be authorized by Florida Statutes and Administrative Rules and licgu- lations promulgated pursuant to such statutes. The Division sh-ill not be rr- quired to reimburse the City for expenditures not deemed tc, bc• in accordance with Florida Statutes and the aforesaid rules and regulations. The Division shall assist the City upon request, to the extent that Division is cap.thle , in the determination of Propriety of Expenditures and documentation required for subsequent reimbursement to the City. The final authority in such detei-mina- tions is presumed to tie the Comptroller of the State of F luridn :ts t-hit.-f fiscal officer for the State. 6.0 AVAILABILITY OF FUNDS: The Division's liability under this Agreement is ck,rain: t-it uvnn ths- rontinued availability of appropriated funds. The Division sli:tL bt- the final authority as to the availability of such funds. 4 83-IOC 7.0 THE PARTIES ALSO AGREE: 7.1 This Agreement, or the performance thereof, shell not be assigned in whole or in part by either party without the written consent of the Uivis-i-ti 7.2 This Agreement may be terminated by the Division at any time duu ti, unavailability of funds upon not less than 24 hours' notice, in writing, &-livered by certified mail, return receipt requested, or in person with proof of delivery The Division shall be the final authority as to availability cif State funds. 7.3 This Agreement may be terminated by the Division in the same manner j set forth in Article 7.2 above, for breach by the City in the event the Cit} fails to perform any of the provisions set forth in this Agreement. In the event such termination occurs after receipt of State funds frutn 1hr Division by the City, then an immediate accounting and return of' unexpended funds pro- vided under this Agreement shall be effectuated by the City. 7.4 This Agreement, unless otherwise terminated, shall exhirc- on December 31, 1983, unless extended by the parties. 7.5 The City will be reimbursed for expenditures made prior to the effective date of this Agreement provided such expenditures are made in direct support of, or preparations of plans or other activities carri:-d out for the Trade Fair(s) or Exposition(s) as mentioned in Article 4.0 above. 8.0 MODIFICATION: This Agreement may be modified upon the written consent of the parties . 9.0 ALL TERMS AND CONDITIONS INCLUDED IN THIS WHEEMLN I': This Agreement contains all the terms and conditions agree,l upon by the parties. 5 83-10C IN WITNESS WHEREOF, the parties hereto h:ive caused this siN-1)3:1"'- Agreement to be executed by their respective orricials tht•reunto authorized. STATE OF FLORIDA DEPARTMENT OF COMMERCE DIVISION OF ECONOMIC DEVELOPMENT BY: _ Director DATE: WITNESSES: DATE: By Contract Administrator WITNESS: CITY OF MIAMI, FLOP.IDA City Manager _ r DATE: WITNESSES: DATE: APPROVED AS TO FORM AND CORRECTNESS: JOSE GARCIA-PEDROSA, CITY ATTORNEY DATE: ATTEST: fly: Contract Manamer� WITNESS: CITY CLERK DATE:: G 8 3-10 -% i WE TO Howard V. Gary City Manager CITY OF MIAMI. FLORIDA INTEROFFICE MEMORANDUM 0 FROM Frank Diaz-Pou, Director" Department of International Trade Promotion DATE February 4, 1983 FILE SUB,EZ Authorizing Resolution International Trade Promotion Program REFERENCES ENCLOSURES Resolution It is recommended that the City Commission adopt the attached Resolution authorizing the City Manager to accept_ a grant award of $225,000 from the Florida Department of Commerce for an International Trade Promotion Program and execute the implementing agreement. The Florida Department of Commerce has offered the City of Miami a $225,000 grant to plan, coordinate, support or conduct a Trade Fair(s) or Exposition(s) to take place in the Miami area and to participate in foreign trade fairs to promote trade between foreign markets and our local businesses. On June 28, 1982, the City of Miami established the Department of International Trade Promotion to plan and coordinate our efforts in the international trade promotion field. Acceptance of this grant award will be most helpful to this department in establishing a comprehensive export development program. This resolution is a companion item to an appropriation ordinance. FDP/mmm Encl. 83--106