HomeMy WebLinkAboutR-82-1039J—F2-64
%1-82-43 3
5/27/82
RESOLUTION NO. ti '`%
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AC,REE.IENT, IN SL'BsTANTIALLY
THE FORM ATTACHED HI:KI?'fU, BET[dI:IN THE CITY OF
MIAMI AND THE LATiN CIIANBI:It OF C0?1',11.RCI? OF
THE UNITED STAPES (C;1MACu1.) FOI: THE PURPOSE
OF I:STABIASIIIN(; '1'Hf: ,l)l: 1ANI`N'I' SECRETARIAT
OF TH1-, HI:,tISI'HER1C CON(;RI'.SS OF LATIN CHAM-
BERS OF CO`i?il:}tC1: AND INI)USTI;1", WIT11 FUNDS
THEREFOI\' ALLOCAJI:D FROM SPECIA}, PROGRAMS
AND ACCOI'NTS IN AN A?COUNT NOT To 1.:XCI:ED
$68,000.
WHERG,IS, the Permanent Secretariat of the Latin Chambers
of Commerce and Industry will aid in the projection of Miami
as a hemispheric financial center and a business and trans-
portation hub; and
h'HEIZI:AS, on May 27, 1982, pursuant to Motion No. 82-433,
the City Commission expressed its intention of providing fi-
nancial assistance to the Latin Chamber of Commerce of the
United States (CAMACOL) for the purpose of establishing the
"Permanent Secretariat of the Hemispheric Congress of Latin
Chambers of Commerce and industry";
NOW, THI:REFORF., BE IT RIiSOLVED BY THE COMMISSION OF THE
CITY OF MIAM1, FLOItIDA:
Section I. The City Manager is hereby authorized to
execute an agreement, in substantially the form attached
hereto, between the City of Miami and the Latin Chamber of
Commerce of the United States (CAMOCOL) for the purpose of
establishing 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 $68,000.
PASSED AND ADOPTED this 4th day of November
MAURICE A. PERRE
M A Y 0 R
ATTI?ST
RAI, I G. ONCIE, CITY C1.'
, 1982.
CITY COMMISSION
MEETING OF
S AS .� 9
WA UTION NO ..........
PREPARED AND APPROVED BY!
�
ROBERT F. CLARK
DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS!
J16SE R. GARCIA-PEDROSA
CITY ATTORNEY
Ia
Am
79
Al
82--1039y,
C:IIY OF `.{A.%11, f !"ORIDA
INTER -OFFICE ME14,01ZANDUM
i
F{o�•;ard V. Gary DATE October 21, 1982
City tianager
J SLHJECI Permanent Secretariat o
_ Hemispheric Congress of
t Chambers of Commerce ant
"Lt!PLNCES
Frank J. Diaz-Pou //"[[
Director INCLOSUF!S
Department of International Trade Promotion One Package
It is recommended that the attached
Resolution b�gassed authorizing the
City Manager to execute an agreement
between the City of Miami and the
Latin Chamber of Commerce of the
Unfted States CA�1ACOL for the
purpose of establishing_ the
"Permanent Secretariat of the
Hem_spheri_c_ Congress of Latin
Ca _ ambers of Com�mer-ce and Industry"
et cost not to exceed 568,000.00.
On May 27, 1982, the City Comunission, by 'lotion No.82-433 expressed its in
of providing financial assistance to the Latin Chamber of Commerce of the I
States (C WACOL) for the purpose of establishing the "Permanent Secretaria
the Hemispheric Congress of Latin Chambers of Commerce and Industry."
This proposed resolution will authorize the City Manager to execute an agr:
for the above mentioned purpose. It is recommended that this proposed res,
be placed on the agenda for the City Commission meeting of November 4, 198:
adoption by the City Commission.
FJDP:aam
13�
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 agreement this twelfth day of
October 1982, as a basis of understanding for establishing 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 CAMIACOL to establish the "Permanent Secretariat of the Hemispheric
Congress of Latin Chambers of Commerce and Industry."
NOW, THEREFORE, the City of Miami and CAMACOL do mutually agree as
follows:
I. DEFINITIONS
CITY
II.
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
UNDERSTANDING
A. It is understood that through the execution of this agreement, the
City contracts with CAMACOL for the purpose of establishing,
supervising and coordinating the functions of the SECRETARIAT.
B. The purpose of the SECRETARIAT shall be:
1. Establishing a working network among the Chamber of
Commerce and Industry of Latin America and the Caribbean
and Latin Chamber of Commerce in the United States.
.�.-7 f(I -t
Page
2. Develop an information system to assist private industry
in needed areas.
3, Examine the advantage of private enterprise's use of
chambers of conflerce as a venue for inter -American trade.
C, CAMACOL further agrees to promulgate the following CITY's
objectives through the SECRETARIAT:
1. Projection of Miami as a hemispheric financial center.
2. Miami as a center of world trade.
3. Investment opportunities and facilities in Miami.
4. Miami as a transportation hub of United States/Latin
American business and transportation.
D. Additional services to be provided include the provision of
reports as outlined in Section VIII.
III. AUDIT AND RECORDS
A. 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.
B. 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.
C. The aforesaid records, books, documents and other evidence
shall be subject at all times to inspection, review, or audit
by CITY personnel.
IV. MAXIMUM COMPENSATION/METHOD OF PAYMENT
For the rights and benefits realized through this agreement the CITY
will pay CAMACOL an amount not to exceed $68,000.00. This amount if
to be disbursed to CAMACOL on two equal installments of thirty-four
thousand dollars ($34,000.00) each. The first installment to be
disbursed by the CITY to CAMACOL after the execution of this contract
by both parties. The second and final installment in the amount of
82--1039
Page I
thirty-four thousand dollars ($34,000.00) shall be disbursed
six months after the date of this contract.
In the event the total amount is not expended.for purposes in
Connection with the SECRETARIAT, CAMACOL will return all unused
portions. If the CITY takes such action to terminate the agreement,
pursuant to Section XII, CAMACOL shall be paid an amount for the
costs only of those services which have been rendered to the date
of termination.
V. AMENDMENTS
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.
VI. 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.
VII. 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. REPORT
CAMACOL will prepare and submit to the CITY the following reports:
1. CA14ACOL agrees to submit to the CITY, throughout the D.I.T.P.,
reports on a monthly basis, from the date of this agreement,
the status and progress of the SECRETARIAT.
2. CAMACOL agrees to submit to the CITY, through the D.I.T.P. a
final report within thirty days of the conclusion of this
agreeement detailing those expenditures which will be defrayed
by those funds to be received under this agreement and expected
benefits to be received by the CITY as a result of the agreement.
82-103o
IX: MONITORING AND EVALUATION
A. The contract manager shall, on behalf of the CITY, monitor and
evaluate the performance of the Association during the term
of this agreement. -
�. The contract manager shall be the Director of the City of Miami
Department of International Trade Promotion.
X. 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 personal interest in any property,
contract or proposed contract which would conflict with 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 inmediately
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. CAMACOL will comply with all Federal,
State and local conflict of interest laws and requirements.
XI. TIME OF PERFORMANCE
This agreement shall be effective for a period of one year (1) commencing
on the date which this contract is fully executed•by both parties.
XII. OPPORTUNITIES FOR SMALL 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
to compete for contracts to be performed pursuant to 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
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Community Development Target Areas(s) designated by the CITY ih
the Conrnunity Development Grant fpplication approved by the United
States Department of Housing and Urban Development.
XIII. 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
CAMACOL's agents, employees, or workmen, carelessness or negligence,
from and against any orders, judgments or decrees which may be entered
thereon; and from and against all costs, attorney's fees, expenses and
liabilities incurred in the defense of any such claims, in the investi-
gation thereof.
IVX. INDEPENDENT I CONTRACTOR
That the CONSULTANTS 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 ICYT, 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. TERMINATION
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:
1. Failure, for any reason, of CAMACOL to fulfill in a timely and
proper manner its obligations under this agreement including
compliance with the approved work program and attached conditions
and such directives as may become generally applicable at any time.
2. Submission by CAMACOL to the CITY of reports that are incorrect or
incomplete in any material respect.
XVI. NON-DELEGABILITY
It is understood and agreed that the obligations undertaken by the
CONSULTANT pursuant to this Agreement shall not be delegated to any
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other person or firin unless the CITY shall first consent in writing
to the performance of such services or any part thereof by another
person or firm.
XVII. 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.
n
XVIII. 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.
ATTEST:
'RALPH G. ONGIE, City Clerk
ATTEST:
CITY OF MIAMI, a municipal
corporation of the State of Florida
By: ----- - _ --
HOWARD V. GARY
City Manager
LATIN CHAMBER OF COMMERCE OF THE
UNITED STATES
By:
UIS SABI ES, PRESIDENT
REVI WED BY: APPROVED AS TO FORM AND CORRECTNESS:
AS 1STOT CI Y ATTORNEY J GARCIA-PEDROSA
ty Attorney
82-1039