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HomeMy WebLinkAboutR-82-0561A M-81-918 10/22/81 M-81-1060 12/10/81 RESOLUTION N0. 82- 56 L A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT IN SUBSTANTIALLY THE SAME FORM AS ATTACHED HERETO WITH THE INTER- AMERICAN CHAMBER OF COMMERCE OF GREATER MIAMI, INC. FOR A "CONGRESS OF CENTRAL AMERICAN AND CARIBBEAN MUNICIPALITIES" AND ALLOCATING A SUM OF $50,000 FORM THE FY181-82 GENERAL FUND: SPECIAL PROGRAMS AND ACCOUNTS BUDGET FOR THE OPERATION OF SAID CONGRESS. WHEREAS, on October 22, 1981, the City Commission enacted Motion 81-918 approving in principle a proposal from the Inter- american Chamber of Commerce of Greater Miami, Inc. for a "Congress of Latin American Caribbean Municipalities"; and WHEREAS, on December 10, 1981, the City Commission enacted Motion 81-1060 amending Motion 81-918 by specifying the exact amount requested for the "Congress of Latin American Caribbean Municipalities" to be $50,000; and WHEREAS, the City is desirous of sponsoring and hosting a Congress of Central American and Caribbean Municipalities in con- junction with the Interamerican Chamber of commerce of Greater Miami, Inc.; and WHEREAS, this Congress is scheduled to take place in the City of Miami in the fall of 1982; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to enter into an agreement in substantially the same form as attached hereto with the Interamerican Chamber of Commerce of Greater Miami, Inc. for a "Congress of Central American and Caribbean Municipalities." Section 2. A sum of $50,000 ishereby allocated from the FY'81-82 General Fund: Special Programs and Accounts Budget for a" COMMISSM MEETING as JUNc 71W 8— •..NNN..Y�..N.�MA� the operation of the "Congress of Central American and Caribbean Municipalities." PASSED AND ADOPTED this 17 day of June , 1982. AT T E �P ALPH T. ONGIE, CITY CLER PREPARED AND APPROVED BY: y'-? / / /? ROBERT F. CLARK`" DEPUTY CITY ATTORNEY AP Maurice A. Ferre M A Y 0 R ED AS TO�.QRM AND Ci RECTNESS: GEOR F. KNOX, JK. CITY TTORNEY -2- 82-5G I --- CITY OF MIAMI PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into this day of , 1982 between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as the CITY, and the Interamerican Chamber of 'Commerce of Greater Miami, hereinafter referred to as the PROVIDER. WITNESSETH WHEREAS, on October 22, 1981 the City Commission enacted Motion 81-918 approving in principle a proposal from the Interamerican Chamber of Commerce for a "Congress of Central American and Caribbean Municipalities"; and WHEREAS, on December 10, 1981, the City Commission enacted Motion 81-1060 amending Motion 81-918 by specifying the exact amount requested for the "Congress of Central American and Caribbean Municipalities" to be $50,000; and WHEREAS, -the CITY is desirous of sponsoring and hosting a Congress of Central American and Caribbean Municipalities in conjunction with the PROVIDER; and WHEREAS, letters of invitation to participate in a Congress of Central American and Caribbean Municipalities will be sent to mayors of the region with the fundamental objective to discuss and analyze mutual points of interest; and WHEREAS, the said mayors also will be invited to become members of the organization committee for the Congress of Central American and Caribbean Municipalities; and WHEREAS, other letters of invitation will be sent to Latin American mayors outside of the defined region request- ing their participation as observers; and WHEREAS, the scope of the municipalities' congress will include not only the elected and appointed officers, but representatives of trade, professional and civic groups as recommended in the proposal submitted by the PROVIDER; and WHEREAS, the CITY is desirous of obtaining professional services from the PROVIDER to carry out the necessary acti- vities to ensure a successful event and the PROVIDER is desirous of furnishing such services: NOW, THEREFORE, the City of Miami and the Interamerican Chamber of Commerce of Greater Miami agree as follows: I. TERM This Agreement shall commence on May 28, 1982 and shall terminate August 15, 1982. II. BASIC SERVICES a. The PROVIDER shall provide the following professional services as a part of this Agreement: 1. Prepare for the CITY a detailed agenda con- taining the topics to be included, the panels to be formed to discuss each topic and a breakdown by hour of the activities to take place as a part of the Congress. This agenda shall be provided to the CITY prior to the release of any funds. 2. Prepare a plan and implementation schedule following the guidelines of the agenda for the CITY to sponsor and hest a Congress of Central American Caribbean Municipalities on July 22, 23 and 24, 1982 within the City of Miami. 3. By June 15, 1982 the PROVIDER shall present to the Contract Manager a list of trade representatives, professional and civic groups who are going to be invited to the Congress. 4. The PROVIDER shall obtain approval from the Contract Manager prior to any trips outside r recommended in the proposal submitted by the PROVIDER; and WHEREAS, the CITY is desirous of obtaining professional services from the PROVIDER to carry out the necessary acti- vities to ensure a successful event and the PROVIDER is desirous of furnishing such services: NOW, THEREFORE, the City of Miami and the Interamerican Chamber of Commerce of Greater Miami agree as follows: I. TERM This Agreement shall commence on May 28, 1982 and shall terminate August 15, 1982. II. BASIC SERVICES a. The PROVIDER shall provide the following professional services as a part of this Agreement: 1. Prepare for the CITY a detailed agenda con- taining the topics to be included, the panels to be formed to discuss each topic and a breakdown by hour of the activities to take place as a part of the Congress. This agenda shall be provided to the CITY prior to the release of any funds. 2. Prepare a plan and implementation schedule following the guidelines of the agenda for the CITY to sponsor and host a Congress of Central American Caribbean Municipalities on July 22, 23 and 24, 1982 within the City of Miami. 3. By June 15, 1982 the PROVIDER shall present to the Contract Manager a list of trade representatives, professional and civic groups who are going to be invited to the Congress. 4. The PROVIDER shall obtain approval from the Contract Manager prior to any trips outside of the United States. The written request for out -of -country travel shall include: a. purpose of the trip b. persons making the trip ce trip agenda 5. The PROVIDER shall submit to the Contract Manager progress reports on June 15, June 30, and July 15, 1982. 6. The PROVIDER shall submit to the CITY a full accounting within 60 days after completion of the Congress. III. COMPENSATION a. The CITY shall pay to the PROVIDER the sum of Fifty Thousand Dollars ($50,000.00) as compensation for the services specified in Paragraph II, hereof, and as specified in the general categories of the attached budget which is hereby attached and made a part hereof as Exhibit A. 1. The sum of Fifty Thousand Dollars ($50,000.00) shall be paid to PROVIDER upon execution of this contract and the submission of the agenda specified in Paragraph II. A.I. 2. The PROVIDER and the CITY hereby agree that = the maximum amount payable under this con- tract shall not exceed Fifty Thousand Dollars ($50,000.00). IV. MONITORING AND EVALUATION a. The Contract Manager shall, on behalf of the — CITY, monitor and evaluate the performance of the PROVIDER during the term of this Agreement. b. The Contract Manager shall be the Director of the City of Miami Department of International Trade Promo- tion. i r 3 sz-5s1--- V. TERMINATION OF CONTRACT The CITY retains the right to terminate this Agreement at any time prior to the completion of the WORK without penalty to the CITY. In that event, notice of termination of this Agreement shall be in writing to the PROVIDER who shall be paid for all WORK performed prior to the date of this receipt of the notice of termination. In no case, however will the CITY pay the PROVIDER an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the CITY and the PROVIDER that any payment made in accordance with this Section to the PROVIDER shall be made only if said PROVIDER is not in default under the terms of this Agree- ment. If the PROVIDER is in default under the terms of this Agreement, then the CITY shall in no way be obligated and shall not pay to the PROVIDER any sum whatsoever. VI. OWNERSHIP OF DOCUMENTS All writings, diagrams, tracing, charts, anc schedules developed by PROVIDER under this Agreement, shall be delivered to the CITY by said PROVIDER upon completion of the WORK and shall become the property of the CITY, without restriction or limitation on their use. PROVIDER agrees that all documents, records and reports maintained and generated pursuant to this contractual relationship between the CITY and PROVIDER shall be subject to all provisions of the Public Records Laws, Chapter 119, Florida Statutes. It is further understood by and between the parties that any information, writings, maps, contract documents, reports or any other matter whatsoever which is given by the CITY to the PROVIDER pursuant to this Agreement shall at all times remain the property of the CITY and shall not be used by the PROVIDER for any other purposes whatso- ever without the written consent of the CITY. VII. AWARD OF AGREEMENT 4 82-5G The PROVIDER warrants that it have not employed or retained any company or persons to solicit or secure this Agreement and that it have not offered to pay, paid, or agreed to pay any person or company any fee, commission, percentage, brokerage fee, or gifts of any kind contingent upon or resulting from the award of making this Agreement. The PROVIDER is aware of the conflict of interest laws of the City of Miami (Miami City Code Chapter 2, Arti- cle V), Dade County, Florida (Dade County Code, Section 2-11.1) and the Florida Statutes, and agrees that it will fully comply in all respects with the terms of said laws. VIII. NON-DELEGABILITY It is understood and agreed that the obligations undertaken by the -PROVIDER 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. IX. CONSTRUCTION OF AGREEMENT The parties hereto agree that this Agreement shall be construed and enforced according to the laws, statues and case laws of the State of Florida. X. AUDIT RIGHTS The CITY reserves the right to audit the records of the PROVIDER at any time during the performance of this Agreement and for a period of one year after final payment is made under this Agreement. XI. INDEMNIFICATION PROVIDER shall indemnify and save the CITY harm- less from and against any and all claims, liabilities, losses, and causes of action which may arise out of PROVI- DER'S activities under this contract, including all other acts or omissions to act on the part of the PROVIDER or any of them, including any person acting for or on his or their behalf. 5 82-:%1- �' XII. CONFLICT OF INTEREST The PROVIDER covenants that no person under its employ who presently exercises any functions or responsi- bilities in connection with this Agreement has any personal financial interests, direct or indirect, in this Agreement. The PROVIDER further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interests on the part of the PROVIDER or its employees, must be disclosed in writing to the CITY. The PROVIDER, in the performance of this Agree- ment, shall be subject to the more restrictive; law and/or guidelines regarding conflict of interest promulgated by federal, state or local government. XIII. INDEPENDENT CONTRACTOR That the PROVIDER 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 Ordi- nance of the CITY, or any rights generally afforded classi- fied 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 thereunto duly authorized, this the day and year first above written. Witnesses: ATTEST: PROVIDER Interamerican Chamber of Commerce of Greater Miami By: REINALDO CRUZ President (SEAL) CITY OF MIAfMI, a municipal Corporation of the State of Florida City Clerk By: City [Manager APPROVED AS TO FORM AND CORRECTNESS: GEORGE F. KNOX, JR. CITY ATTORNEY 6 82-56: EXEHIBIT A CONGRESS.OF CENTRAL AMERICAN AND CARIBBEAN MUNICIPALITIES July 22, 23, and 24, 1982 BUDGET Revenues Contribution by City of Miami Contribution by Metro Dade County Sale of Gala Dinner Tickets, 100 @ $50 Expenditures Cost of Pranotion (Note 2 ) Printing Mailing Advertising/Media Traveling Telephone & Telex Hosting Costs (Note 3) Cocktail /Evening 7 /2 2 ( 250 ) Lunch 7/23 (200) Lund 7/24 (200) Gala Dinner 7/24 (250) Photographs Portfolios & Supplies Audio Equipment Rental Translation Services Transportation Administrative Costs (Nate 4) Coordination Fee Duplicating Equipment Rental & Badges Contracted Personnel Accounting Interamerican Chamber of Commerce Liaison TOTAL EXPENDITURES $ 7,500 2,500 3,000 3,000 2,500 3,000 3,000 3,000 5,000 1,500 2,500 2,500 1,000 1,500 15,000 1,000 2,500 3,000 4,000 3,000 0 $ 18,500 23,000 28,500 $ 50,000 15,000 5,000 $ 70,000 $ 70, 000 82- 16.1 _ 7 NOTE 1: THE CONGRESS The Congress of Central American and Caribbean Municipali- ties will take place in'Miami, Florida during July 22, 23, and 24, 1982 at the Holiday Inn Brickell Point Hotel or the Four Ambassadors Hotel, depending on finalization of arrangements. The Congress will be sponsored by the City of Miami and Metropolitan Dade County and hosted by the Inter- american Chamber of Commerce. NOTE 2: COST OF PROMOTION Various literature consisting of programs, invitations, pamphlets, etc., will be mailed to potential participants locally and abroad during the next two months. Some news- paper ads will be placed locally to attract participants and give relevance to the Congress. Also, a group of three will travel to Latin America to promote participation of mayors. NOTE 3: HOSTING COSTS Various official events will take place commencing with a cocktail for 250 individuals on the night of Thursday, July 22, 1982. During the following two days, luncheons will be offered to participants and mayors. The evening of Friday, July 23 will be free of activites. A gala dinner will be given on Saturday, July 24 to close the Congress. Tickets will be sold to participants at $50 per person. NOTE 4: ADMINISTRATIVE COSTS Administrative costs include professional services to develop, promote and coordinate the event. The costs of photocopying, printing of speeches, equipment rental, I.D. badges, hosts and hostesses, temporary help, drivers, accounting reports and Interamerican Chamber of Commerce liaison are separately provided for above. 8 mot..