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Home My WebLink AboutR-82-1120M82-725 (7/29/82) J-82 -1 67 82--1120 RESOLUTION NO. A RESOLUTION RATIFYING, APPROVING AND CON- FIRMING THE ACTION OF THE CITY MANANGER IN EXECUTING THE ATTACHED AGREEMENT BETWEEN THE CITY OF MIAMI AND THE STATE. OF FLORIDA SALESMEN ASSOCIATION FOR THE PURPOSE OF PREPARING, COORDINATING AND SUPERVISING THE "NATIONAL SALESMEN CONVENTION" HELD IN MIAMI NOVEMBER 26-28, 1982 WITH FUNDS THEREFOR ALLOCATED FROM SPECIAL PROGRAMS AND ACCOUNTS IN AN AMOUNT NOT TO EXCEED S20, 000. WHEREAS, the State of Florida Salesmen Association has been promoting a greater development of Miami's international trade sector; and WHEREAS, on July 29, 1982, pursuant to Motion No. 82- 725, the City Commission expressed its intention of provid- ing assistance to the State of Florida Salesmen Association for the purpose. of preparing, coordinating and supervising the "National Salesmen Convention" held in 'Miami November 26- 28, 1982; NOW, THEREFORE, BE I.T RESOLVED BY THE COMMISSION OF THE CITY OF MIAM1, FLORIDA: Section I. The action of the City Manager in executing the attached agreement, between the City of Miami and the State of Florida Salesmen Association for the purpose of pre- paring, coordinating and supervising the "National Salesmen Convention" is hereby ratified, approved and confirmed, with funds therefor hereby allocated from Special Programs and Accounts in an amount not to exceed $20,000. PASSED AND ADOPTED this 9TH day of DECEMBER 1982. ATTEST, c RALP G. ONGIE, CITY CLE MAURICE A. FERRE M A Y O R a C17Y COMMISSION MEETING OF 0 E C 9 1982 �aaunor+ 2~112 P, El PREPARED AND APPROVED BY: V.I. 6�W. oel� ROBERT F. CLARK DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: J SE R. GARCIA-PEDROSA ITY ATTORNEY REE' 11 N'T THIS AGREEMENT made and entered into this twelfth day of October nineteen eighty-two, between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as the CITY --nd the State of Florida Salesmen Association, a non-profit corporation, herein- after referred to as THE ASSOCIATIOiJ. l: I T;;ESSE T 1! WHEREAS, the State of Florida Salesmen Association has been promoting a greater development of 'iia ni's international trade sector, one of tile basic elements of our local econoc,ic syster:;. I,:HEREAS, the State of Florida Salesmen Association. through its member- ship has been directly or indirectly proir.oting the City of as an inter- naLional trade center. WHEREAS, the City o, �•Iiomi is f,ror,�oting our City as a center of inter- national trade, finance and technoloj;; transfer, resulting in all increased economic activity that tall , rcvide `cr additional empIoyn'ietit opportunities and a wider tax base. -:i1EREAS, on ,?uly 29, 1''�;" tie Co,unission of the Clty of ii31"1 Florida, enacted Motion No. 82-725, a11ocatil'9 grant funds to the State of Florida Salesmen Association, to jwu;.are, coordinate and supervise the ;rational Salesmen Convention to he ►geld in t•iiai.ii, Florida, (dovember 26 through 28, 1982. NU;,', 1HEREFORE, the City of and the State of Florida, do mutually a(ir:e as follows: Page 2 II. TEfzf•1 This agreement shall cover the period of November 26, 192 through November 25, 1933. III. UNDCRSTAN'DING A. It is understood that through the execution of this agreement, the CITY contracts with the Association for professional services to prepare, coordinate and supervise the Convention, wi,.ile the CITY maintains overall super- vision over the Convention. B. The Association furthOr agrees to promulgate the following CITY's objectives in this Convention. 1. Projection of i'iai-i as a hemispheric financial center. 2. i li omi as an entrepot of world trade. 3. Investment opportunities and facilities in 4. Miami as a transportation hub of United States and Latin A.r:erican business and transportation. C. Additional services to be provided, include the provision of reports as outlined in Section X. I). Audit and i.ecc,rd 1. To a;aintain financial records and reports relating to funds ;)aid to any ,parties for work on the natters which at-e subjc_ct to this agreement and submit reports to the CITY throu h the !.i.T.P. as requested. 2. To maint6in books, records, documents and other evidence according to generally accepted accounting rrinciplc!s, mg procedures and practices vdiich sufficiently and properly, reflect all costs of any nature expended in the performance of this agreeiuent. — 3. The aforesaid records, books, documents and other evidence shall be subject, at all tins, to inspection, reviea or ► by audit: CITY personnel. ' ^ . 82-1120 Page 3 IV. COMPENSATION A. The CITY shall pay the Association, as compensation for the services specified in paragraph III, hereof, an amount not to exceed $20,000.00. This amount is to be paid to the Association, upon receipt of an invoice from sane at a time after the cu-1plete execution of both parties of this agreement. B. In the event the total amount is not expended for purposes in connection with the Convention, all unused portions •rill be returned to the CITY. If the CITY takes such action to — terminate the agreement, pursuant to Section XII1, the Association shall be paid an amount for the cost only of those services �•:hich have been rendered to the date of terc,ination. V. NIONITORI'iG A111LI FV!,LUATI':I'; A. The Contract'ianciger- small, on behalf of the CITY, monitor and evil ua tt. the i;c rforr,lance of the Association during the term of this agree,;;ent. G. The Contract shall be the Director of the City of Miami Departc,ent of International Trade Pranotion. VI. 1Ii1E OF PLRFOR''A11C` The Convention is to be held on November- 26 through 28, 1982. In the event that the Convention is cancelled or portsponed, the CITY has the optics to renegotiate or terminate this agreement. VII. A',1t1i5 _ iile t:l (i inay, at i L, discr'ution, amend this agreemient at any tiule, to confornI %-Jul any contingencies which may require such amendment. Ariendu,ents, if required, shall be incorporated, in writing, to this agreur.:ent upon review, approval and 1 execut: ioil of the parties he'ret.o. 82-1.120 i Page 4 VIII. COMPLIANCE WITiI FEDERAL, SATE AND LOCAL LAWS Both parties shall comply with all applicable laws, ordinances and codes of the �'ederal, state and local governments. IX. EQUAL OPPORTUNITY - The Association agrees that there will be no discrimination against any employer' or person served on account of race, color, sex, reli(jious 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 this agreerent. X. REPORT The trill prepare and submit to the CITY tr,e foilo.,iry reports. 1. The [Association Oj rets to submit to the CITY, throuJh the on a bi-t:eekly basis, from the date of this dare r,c.r;t to thk2 conclusion of the Convention ds to the ;:.t,ltu; ,_; 7( prc)(iress of the Convention. 2. The I';sso(Ii ltien a ;roes to submit to the CITY, throu:ih th ,-� a final report within thirty days of the conclusion of the Conv nt. ion , do td i 1 ing those expenditures t;i; i oil wi 1 1 be defrayed 1)y those f,,nds to be received by the CITE" as a result. of ti;c Conventicn. XI. CCiIJFLICT ()F I'�Ti=RCST Jo official or ii,plc;aeof the CITY may be admitted, directly or indirectly, to any sh,,rc or part of this agreei:lent, or to any benefit to arise fro:;i the saiile, nor own, or acquire any personal interest in any property, contract or prosed contract which would conflict v.ith or relate to the performance, their duties oi- re,ponsibilities 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 sui.h share, benefit or personal interest 82-1120 AV Page 5 to the CITY. Upon such disclosure, such person shall not continue his participation unless it is determined by the CITY that his participation is not contrary to public interest. The Association will co:rply with all federal, state and local conflict of interest laws and requirements. XI I. OPPORTUNITIES FOR SMALL ANM 11INCRITY BUSINESS The Association in the procurer►ent of supplies, equipment, construction or services to implement this project shill make a positive effort to utilize small business and riinority- owned business sources of supplies and services and !provide these sources the ria.xhcur,: feasible opportunity to compete for contracts to be perfori:;ed :,n'su7rrt to this agreement. To the r.a;J;',u,r e.xtunt: feasible, these ;.rrll buSir:esses and minority oemcd business :,ources shall be located ir, or ov::ned by residents of the co,;�wunity develop;:F}ri t tarct(2r :r a (s 1 designated by the CITY in trc Cor.:,r,:-ri ty bevelopment grant Iicat ion a{proved by the Uri ited States Oepartl:rent of i and ;)rban Development. X I I I. 1 ER1111U+1 I (;il the CITY, b.; c,,i irie rcasc:r,a:-le ►.ritten notice, specifyinj the effective date, „„y ternrinute this agreement in whole or in dart for cause erhich 0hc.11 include any one of the follov.,ing: 1. Failure, fur ,any r�a!,on, of the Association to fulfill in a tinw�iy aired pro;,c�• 1:1(:nller its obligations under this agree:::cnt including cur..pliance ;.ith the approved rrork prograx, and attached conditions r,l 'ucn directive as may become generally applicable at any tici'2. 2. Submi lion to the Association to the CITY of reports that are incorrect or incumplete in any material respect. .1. Ineffective or ir:,pro1wr use of funds provided under this agreoment.. 0 Rage 6 01 XIV. INDEfEPIDENT CONTRACTOR The Association 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. XV. IiIDEi-NIFICATI0N The Association shall indemnify and save the CITY harmless from and against any and all claims, liabilities, lcsses and causes of action "hick may arise out of the Associations activities under this contract, including all other acts or nmi sslonS to act nn the L'arL of the Association or wily of them, including any {urion acting for or on his or their behalf. ATTES1. - --- - -- - - by: Cl IY� CI.C{•:{: A,i FFST: J C--��'{-'fir ��/ �,�•�-�` -_-� --- �'Ll.(�(. I ARC -.- AND APPROVED C-,Y : "- CITY OF I1IA' I, a r,unicipal corporation of the SL ate of Florida STATE OF FLORIDA S„LFS" EI:_ ASSOCIATION' �J f r,E s I uE,dT (SEAL) APPROVED AS TO FORM AND CORRECTNESS: ,LOSE GARCIA-PE[i40SP,� CITY ATTORNEY 82-11:00