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HomeMy WebLinkAboutR-82-1038J-82-6s M-82-725 7/29/82 RESOLUTION NO.t3��', .� as _ Q.r_ A RESOLUTION AUTHORI7.ING THE CITY MANAGER TO EXECIJTE AN AGRI:F'4FNT, IN SUBSTANTIALLY THE FORT ATT'ACIIED HERETO, I;1:"f'l,:I.I:N THE CITY OF MlAilf ANT) THE ASSOCIA'I 1ON OF CUBAN ACCOUNT- ANTS IN EXILF, CONCERNING 'LHE PRI:PARATiON, COORDINATION AND SUPERVISION OF THE "III INTER-A?11:RICAN REGIONAL SE: IINAR" OF THl', INTF.R- A;-IERTCAN ACCOUNTING ASSOCIATION, HELD IN ?tIAMI OCTOBER 20-22, 1982, [;ITH FUNDS ALLOCATED THERE- FOR FR014 SI'EC1AL PROGRANS AND ACCOUNTS IN AN AMOUNT NOT TO I:yCI:EU S10,000. WHEREAS, the Association of Cuban Accountants in Exile has been promoting increased professionalism in the inter national trade sector; and WHEREAS, the Association of Cuban Accountants in Exile, through its membership, has been direct Iv or indirectly pro- moting the. City of ?liami as an international financial center; and WHEREAS, on Jule 29, 1.982, pursuant to *lotion 82-725, the City Commission expressed its intention of providing financial assistance to the Association of Cuban Accountants in Exile for the purpose of {�rep:�riny,, coordinating and supervising the "III Inter -American Regional Seminar"; NOW, I'll ERI:FORIE, 1117 IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAM1, FLORIDA: Section 1. The City ;Manager is hereby authorized to execute an agreement, in substantially the form attached hereto, between the City of 1,liami and the Association of Cuban Accountants in Exile, concerning the preparation, coordination and supervision of the "III Inter -American Regional Seminar of the Inter -American Accounting Associa- tion held in ?Iiami October 20-22, 1982, with funds therefor hereby allocated from Special Programs and Accounts in an amount not to exceed $10,000. PASSED AND ADOPTED this 4th day of November MAURICE A. FERRE M A Y 0 R ATT1?ST: Z AI.P G. ;IF, CIT- C . 1982. CITY COMMISSION MEETING OF NOV.q 1982 ............................ r rY A TT oR NEY 82-103N 46r- CITY OF MI'•f.11, FI (DmoA INTER -OFFICE F•1�N1,0RANDUM Howard V. Gary DATE October 21, 1982 rILE City Manager III Inter -American Regional Seminar SU�1E'�t f / T'r !�!X' kt FF RENCES Frank J. Diaz-Pou f� Director `"` `°'`R` One Package Department of International 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 Astociation_of Cuban Accountants in Exile for the purpose of preparing , coordinatin and supervising the "III Inter -American Regional Seminar" at a cost not to exceed Y10,000.00. On July 29, 1982, the City Commission, by Motion No.82-725 approved a request for funding in the amount of $10,000.00 made by the Association of Cuban Accountants in Exile in order to prepare, coordinate and supervise the "III Inter -American Regional Seminar." This proposed Resolution will authorize the City Manager to execute an agreement for the above mentioned purpose. It is recommended that this proposed resolution be placed on the agenda for the City Commission meeting of November 4, 1982 for adoption by the City Commission. THIS AGREEI.1ENT made and entered into this tieIfth _-` day of October 1982 , bet,,:een thr� Ci ty of ,;i alai , a muni ci pal corporation of the State of Floridai hereinafter referred to as the CITY and the Association of Cuban Accountants in Exile, a non- profit corporation, hereinafter referred to as A.C.A.E. WITNESSETH WHEREAS, the Association of Cuban Accountants in Exile has been promoting increased professionalism in the international trade sector, one of the basic elerents of our local economic system. and WHEREAS, the Association of Cuban Accountants in Exile, through its membership has been dir-ectIy or indirectly promoting the City of Miami as an international financial center. i•;HEREAS, the Ci ty of Miami is promoting our- City as a center- of international trade, finance and technology transfer, resulting in an increased economic activity that wi11 provide for additional employ- ment oppor-tuiii ties and a wider tax base. t,JHEREA.S, on July 29. 1922, the Commission of the City of Miami , Florida, enacted Motion 4'1-32-725, allocating grant funds to the Association of Cuban Accountants in Exile, to prepare, coordinate and supervise the III Inter- American Peg ionaI Seiiiinar of the Inter- Awerican f,ccounting Association to be held in Pliami, Florida, October 20 through 22, 1982. NOVI, THEREFORE, the City of Miami and the Association of Cuban Accountants in Exile do mutually agree as follows: I. DEFIINIl10N'S CITY . . . . . . . . . City of Miami A.C.A.E. . . . , . . . Association of Cuban Accountants in Exile D.I.T.P. . . . Department of International Trade Promotion SEh1IPIAk ,` ,, III Inter -American Regional Sew inar• 1I. TERM This agreement shall cover the period of OctO,-�r 12, 1982 through October 19,-1983 III: UNDERSTAi'JDING A. It is understood that through the execution of this agreement, the CITY contracts with A.C. A.E. for pro- fessional services to prepare, coordinate and super- vise the Seminar, while the CITY maintains overall supervision over the Seminar. B. A.C.A.E. further agrees to promulgate the following CITY's objectives in this Seminar. 1. Projection of "eiami as a hemispheric financial center. 2. Miami as an entrepot of world trade. 3. Invests -lent opportunities and facilities in Miami. 4. Miami as a transportation hub of United States and Latin 1`61erican business and transportation. C. Additional services to be provided include the provi- sion of reports as outlined in Section X. D. 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 through the D.I.T.P. 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 exprndlod in the perforcrance of this agreement. 3. The aforesaid records, books, documents and other 82-1©3N Page 3 evidence shall be subject, at all times, to inspection, review or audit by CITY personnel. i IV= COMPENSATION - A: The CITY shall pay A. C.A.E., as compensation for the services specified in paragraph III, hereof, an amount not to exceed 510,000.00. This amount is to be paid to A.C.A.E. upon receipt of an invoice from same at a time after the complete execution of both parties of this agreement. B. In the event the total amount is not expended for purposes in connection with the Seminar, all unused portions will be returned to the City. If the CITY takes such action to terminate the agreement pursuant to Section XIII, A.C.A.E. shall be paid an amount for the cost only of those services which have _ been rendered to the date of termination. V. MONITORING AND EV *I UATI01: A. The contract i:�anager shall, on behalf of the CITY, — monitor and evaluate the performance of A.C.A.E. during the tern; of this agreement. B. The contract manager shall be the Director of the - City of Miami Department of International Trade - Promotion. VI. TIME OF PERFORMAi;CE The Seminar is to be held on October 20 through 22, 1982. In the event that the Seminar is cancelled or postponed, " the CITY has the option to renegotiate or terminate this agreement. ,. VII. All ENDilENTS The CITY may, at its discretion, amend this agreement at any time, to conform with any contingencies which may 82-iO3C, require such amendment. !Amendments, if required, shall be incorporated, in writing, to this agreement upon review, approval and execution of the parties hereto. VIII. COiMPLIANCE WITH FEDERAL, STATE AND LOCAL LAVIS Both parties shall comply with all applicable laws, ordinances and codes of the federal, state and local governments. IX. EQUAL OPPORTUNITY A.C.A.E. 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 rietht to terminate this agreerent. X. REPORT A. C. A. E . ►•ri 1 1 prepare and submit to the CITY the following reports: 1. A.C.A.E. agrees to submit to the CITY, through the D.I.T.P., reports on a bi-weekly basis, from the date of this agreement to the conclusion of the Seminar as to the status and progress of the Semi na r. 2. A.C.A.E. agrees to submit to the CITY, through the D.I.T.P., a final report within thirty days of the conclusion of the Seminar detailing those expenditures which ►.fill be defrayed by those funds to be received by the CITY as a result of the Seminar, XI. CONFLICT OF INTEREST NO official or eiiiplogee of the CITY may be admitted, directly or indirectly to any share or part of this agreei;,ent, or to any benefit to arise from the same, nor 82-103R .Page 5 4 .own, oe acquire any personal interest in any property, Contract or proposed contras t whi ch r•louI d confl i ct wi th or relate to the perforriLirrce, their duties or respon- sibilities under this agreer.�..,nt. If any such person presently or in the future, acquires, otmis, 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 person shall not continue his participation unless it is determined by the CITY that his participation is not contrary to public interest. A.C.A..E. will comply with all federal, state and local conflict of interest laws and requirements. OPPORTUNJ TIES FOR SiiALL AiiD MINORITY DUSIidESSES A.C.A.E. in the procurement of supplies, equipment, construction, or services to implerient 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. To the niaximum extent feasible, these small businesses and rinority owned business sources shall be located in, or o•jned by residents of the community development target area(s) designated by the CITY in the Cor,rrunity Development grant application approved by the United States Department of Housing and Urban Development. TE R�•tI t;{'..T I Oi� The CITY, by giving reasonable written notice, specifying the effective date, may terminate this agreement in whole or in part for cause which shall include any one of the following: 82-1038 Failure; for any reason, of A.C.A.E. to fulfill in a timely and proper runner i is obligations under this agruer.i:.nt incIudirig cr,', !p I i ance with the approved work program and attached conditions and such directive as may become generally applicable at any time. Submission to A.C.A.E. to the CITY of reports that are incorrect or inconplete in any material respect. Ineffective or improper use of funds provided under this agreement. XIV: INDEPENDENT CONTRACTOR That A.C.A.E. 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 rigt;ts generally afforded classified or unclassified er,alovees; further, he/she, shall not be deemed entitled to Florida l,orker's Compensation benefits as an er ploye , of the CITY. XV . I NDEM.N' I F I CAT 10N' A.C.A.E. shell inde!:.ni fy and save the CITY harmless from and against any and all claims, liabilities, losses and causes of action .•ihich r:ay arise out of A.C.A.E.'s activities unde►- this contract, including all other acts or omissions to act on the part of the A. C.A.E. or any of there, including any person acting for or on his or thei r b e h a 1 f. ATTEST: CITY OF MIAF1I, a municipal corporation of the State of Florida BY -- -- CITY CLEM! CITY MANAGER i ASSO-,�T-4-0N OF CUQAtJ ATTEST: Af:C'0UANT) IP EXILE SECRETLI?Y - .. ----Pr'.t �: irt�-•'—,__ ' (:Seal PREP RED AND APP OVED 6Y: APPROVED AS TO FORM AND r 1, CO.�RECTHE S: