HomeMy WebLinkAboutR-82-08301 ' r
M82-334
(4/22/82)
RESOLUTION NO. g 2 - '3 0
A RESOLUTION RATIFYING, APPROVING AND CON-
FIRMING THE ACTION OF THE CITY MANAGER
IN EXECUTING THE ATTACHED AGREEMENT DATED
AUGUST 1, 1982 BETWEEN THE CITY OF MIAMI
AND THE LATIN CHAMBER OF COMMERCE OF THE
UNITED STATES (CAMACOL) TO PREPARE, COORDIN-
ATE AND SUPERVISE THE THIRD HEMISPHERIC
CONGRESS OF LATIN CHAMBERS OF COMMERCE HELD
SEPTEMBER 8 THROUGH 11, 1982 IN MIAMI, FLORIDA.
WHEREAS, the Latin Chamber of Commerce of the United
States (CAMACOL) has successfully organized the Hemispheric
Congress of the Latin Chambers of Commerce for the past 2
consecutive years; and
WHEREAS, it was considered feasible to hold a Third
Hemispheric Congress of the Latin Chambers of Commerce in
the City on September 9 through 11, 1982; and
WHEREAS, the City Commission, on April 22, 1982, adopted
Motion No. 82-334 granting funds in the amount of $35,000 to
CAMACOL for said Congress; and
WHEREAS, an agreement was entered into on August 1, 1982
between the City of Miami and CA14ACOL Providing for said organ-
ization to prepare, coordinate and supervise the said Congress;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MAAMI, FLORIDA:
Section 1. The action of the City Manager in executing
the attached agreement dated August 1, 1982 between the City
of Miami and the Latin Chamber of Commerce of the United States
(CAMACOL) in the amount of $35,000 providing for said organiza-
tion to prepare, coordinate and supervise the Third Hemispheric
Congress of Latin Chambers of Commerce held September 8 through
11, 1982 in Miami, Florida, is hereby ratified, approved and
confirmed.
PASSED AND ADOPTED this 9TH day of SEPTEMBER , 1982.
TEST:
0
RAPH ONGIE
CITY CLERK
MAURICE A. FERRE
M A Y O R
LITY COMMISSION
MEETING OF
5 E P 9 19s2
RESOLUTION N0...,.� 82. 30
REMARKS:.........,�....wM.i+i�'�:i
I
PREPARED AND APPROVED BY:
--/ & ItA_
ROBERT F. CLARK
DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
5? 1. 46�
�kSER. GARCIA-PEDROSA
ATTORNEY
-2-
s2 -830
AGREE"LENT
THIS AGREEPiENT made and entered into this / 4-
day of
1982 between the City of Miami, a municipal
corporation and the State of Florida, hereinafter referred to
as the CITY and the Latin American Chamber of Commerce of the
United States, hereinafter referred to as CAMACOL.
WITNESSET11
WHEREAS, the CITY has entered into an agreement with CiA.NiACOL
to prepare, coordinate and supervise the THIRD HEMISPHERIC CONGRESS
OF THE LATIN CHAINU= OF C01%DIERCE to be held in Miami, Florida
during September 8 - 11, 1982 pursuant to Mioticn No. 82-334.
NOW, THEREFORE, the City of Miami and CAMACOL do mutually
agree as follows:
1. DEFINITIONS
CITY . . . . . . . . . . City of Miami
CONGRESS . . . . . . . . Third Hemispheric Congress
of Latin Chambers of Commerce
CA-MACOL . . . . . . . . Latin Chamber of Commerce of
the United States
DITP . . . . . . . . . Department of International
Trade Promotion
2. TERM
This agreement shall cover the period of August 1, 1982
through July 31, 1983.
3. UNDERSTANDING
It is understood that through the execution of this agree-
ment the CITY contracts with CAP1ACOL for professional services to
prepare, coordinate and supervise the CONGRESS while the CITY main-
tains overall supervision over the CONGRESS.
The purpose of the CONGRESS shall be:
a. To establish a working network among the chambers
of commerce and industries of Latin America and the Caribbean and
the Latin chambers of commerce in the United States.
b. To develop an information system to assist private
industry in needed areas.
C. To examine the advantages of the use of chambers of
commerce as a venue for inter -American trade by private enterprise.
82-830
Page 2
CAMACOL further agrees to promulgate the following CITY
objectives in this CONGRESS.
a. Projection of Miami as a hemispheric financial center.
b. Miami as an entrepot of world trade.
C. Investment opportunities and facilities in Miami.
d. Miami as a transportation hub of United States and
Latin American business and transportation.
4. AUDIT AND RECORDS
Financial records and reports relating to funds paid
to any parties for work on the matters which are subject to this
agreement will be maintained. Reports shall be submitted to the
CITY through the DITP as requested.
Books, records, documents and other evidence will be
maintained 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.
The aforesaid records, books, documents and other evidence
shall be subject at all times to inspection, review, or audit by
CITY personnel.
5. COMPENSATION
For the rights and benefits realized through this agree-
ment the CITY will pay CAMACOL an amount not to exceed $35,000.
This amount is to be paid to CAMACOL upon receipt of an invoice
from the same at a time after the complete execution by both parties
of this agreement.
In the event the total amount is not expended for purposes
in connection with the CONGRESS, the CITY will be returned all
unused portions. If the CITY takes such action to terminate the
agreement pursuant to Section 14, CA1%1ACOL shall be paid for the cost
of those services which have been rendered to the date of termination.
G. I40NITORING AND EVALUATION
The Contract Manager shall:
a. On behalf of the CITY, monitor and evaluate the per-
formance of CAMACOL during the term of this agreement.
b. Be the Director of the D7'2-P.
082-g30
.I
Pare 3
7. TI:i:: OF PLRFGR.•1'1;;CL
The CONGRESS is to he he Lei on Septer-ber 8 - 11, 1982.
In the event that the CONGRESS is cancelled or pcstp:Dned, the
CITY has the option to renegotiate or terminate this agreement.
S . A!-1E;IDMLNTS
The CITY may, at its discretion, ame lc: tails agreement at
any time to con`orm with any contingencies ��h-ch may, require such
a,T.endmnent. iNmen6mcnts, if require 1, sh-11 be incorporated i::
writin:7 to this agreement upon re'iie%, appro%-ai and executicn c
the parties hereto.
9. =1PLIANCE WITH FEDER';L , STZ71T E A"ND I CC L LAWS
Both parties sh-11 comaDlv with all appl-cable laws, ordinances
and codes of the federal, state anQ local go -,.,ern -,ants.
10. EQt'iL OPPO^"'UNITY
CA%IACOL agrees that there will be no discrimination against
any employee or person served on account of race, color, sex, re-
ligious crud, 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 CIT'_' shall have the
right to terminate this agreement.
11. REPORT
reports:
CA;•SACOL will prepare and submit to the CITY the following
a. CI:MACOL agrees to submit to the CITY, through the
DITP, reports on a weekly basis, from the date of this agreement
to the conclusion of the CONGRISS as to the status and progress of
the CONIGRESS .
b. CAMACOL agrees to submit to the CITY, through the
DITP, a final report within thirty (30) days of the conclusion of
the CONGRESS detailing those expenditures whic11 %,?ill be defrayed
by those funds to be received unLicl' this agroemont and expected
benefits to be received by the CITY as zi result of the CONGRESS.
12. CONFLICT OF 1N'1 ERF'S'I'
No official or empiuyo'? of the C1`f":' Ina..' be ad..:ittcd
directly or in(Hrectly to any sjj jr,:, or 1) I"t C)I ttlis ;tctl'e,j,:�?Ilt,
or to any bonef It to arise I. 1 C?:" th ' S i:'.c , I1 I" C?wa , Or :.iCI ;:ire an`.'
82-830
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Page 4
personal interest in any property, contract or proposed contract
which would conflict with or relate to the performnance, 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 i,.ame-
diately disclose such share, or personal interest to the CITY.
Upon such disclosure such person shall not continue his parti-
cipation unless it is determined by the CITY that his participation
is not contrary to public interest. Ct`•_1-7�COL will co-mply with all
federal, state and local conflict of interest laws and requirements.
13. OPPORTUNITIES FOR SMALL AND MINNORITY Bt,SINESSES)
C MACOL in the procurement of supplies, equipment,
construction, or services to implement this project shall ma}ce
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 residents of the Community Develop-
ment Target Area(s) designated by the CITY in the Conmunity Develop-
ment Grant Application approved by the United States Department of
Housing and Urban Development.
14. TERMINATION
The CITY, by giving reasonable written notice specifying
the effective Sate, may terminate this agreement in whole or in
part for cause which shall include any one of the following:
a. Failure, for any reason, of CAKACOL to fulfill
in a timely and proper manner its obligations under this agree-
ment including compliance with the approved work program and
attached conditions and such directives as may become generally
applicable at any time.
b. Submission by CM ACOL to the CITY of reports that
are incorrect or imcomplete in any material respect.
C. Ineffective or improper use of funds provided under
this agreement.
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15. INDEMNIFICATION
CA.•IACOL shall indemnify and save the CITY harmless from
and against any and all claims, liabilities, losses and causes of
action which may arise out of CALMACOL's activities under this con-
tract, including all other acts or omissions to act on the part of
CA,'.L\COL or any of them, including any person acting for or on his
or their behalf.
16. NON-DELEGABILITY
It is understood and agreed that the obligations under-
taken by CA;L�COL 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 thereof by
another person or firm.
17. INDEPENDENT CONTRACTOR
That Ct'�!•IACOL 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 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.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed by the respective officials taereunto duly
authorized, this the day and year first above written.
Ralpi G: Ongie
City _ler}:
ATTST:
REVI -WED BYd7_'_
`
f lJo ge ,Fernan
Assistant Ciyy Attorney
CITY OF MIAMI, a Municipal
Corporation of the. State of Florida
B Y :
Howard-V. Gary, City N,anager
LATIN AMERICAN CIWMER OP COW"IERCE
OF THE UNITED STATES
By:
Luis Sabines, President
APPROVED AS TO FORM AND CORRECTNESS:
Jos I:. Garcia -Pedrosa
Cit Attorney
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52
Howard V. Gary
City Manager
Jim Reid
Assistant City Manager
August 4, 1982
Third Hemispheric Congress of the
Latin Chamber of Commerce
(City Commission Agenda of
September 9, 1982)
It is recommended that the attached
Resolution be passed approving the
agreement of August 1, 1982 between
the City of Miami and the Latin
Chamber of Commerce (CAMACOL) in
the amount of $35,000 in order to
prepare, coordinate and supervise
the Third Hemisp eric Congress o
the Latin Chamber of Commerce to
be held September 8 - 11, 1982 in
Miami, Florida.
On April 22, 1982 the City Commission, by Motion No. 82-334 approved
a request for funding in the amount of $35,000 made by the Latin
Chamber of Commerce (CAMACOL) in order to prepare, coordinate and
supervise the Third Hemispheric Congress of the Latin Chamber of
Commerce to be held September 8 - 11, 1982.
This proposed resolution approves the agreement entered into on
August 1, 1982 between the City of Miami and the Latin Chamber of
Commerce (CAMACOL). It is recommended that this proposed resolution
be placed on the agenda for the City Commission meeting of September 9,
1982 for adoption by the City Commission.
82-830