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HomeMy WebLinkAboutR-81-0257OW RESOLUTION NO. " A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT IN SUBSTANTIALLY THE F0RIM ATTACHED HERETO BETWEEN TIII: CITY OF MIA*tI AND Is�J L, �..�^ �� TIiI GREAT1:R `II A M I REST oRAT ION AN I) D1?�'1?T,OP?LENT I' �� BOARD FOR THE P['I:I'OS}; "THE COORDINATING, PREPARING _V AND SUPERVISING THE PROGRAM NTITLED "THBLACK ��ENTR1 PPENEt!R IN IN1'1:RNA"1'IONAI, I'R:1111.", lti`I"1'H FUNDS ALLOCATED THE I\ EFOR FROM THE, DEPARTMENT of TRADE & Coil?IT:RCI?11:N'f , IN AN:1`IO['N INOT TO EXCEED $15,000. 13E IT 111:SOLVED BY THE COMMISSION OF THE CITY OF 'MIA iI, FLORIDA! Section 1. The City ?tanager is hereby authorized to execute an agreement in substantially, the form attached hereto between the City of Miami and the Greater Miami Restoration and Develop- ment Board for the purpose of coordinating, prepriring and super - CCTV COMMISSION ' MEETING OF APR ') 'i8l _.;�� RESOLUiloN 12......... ...._... �1 sffi� Richard L, Fosmoen City Manager Julio A, Castano, Directl d C velobment City of Miami/Greater Miami Restoration and Development Board Agreement U Dept. of Tra e & a -' - f W . "It is recommended that the attached -i agreement be executed between the City of Miami and the Greater Miami Restora- tion and Development Board, for the •� purpose of coordinating, preparing and rA supervising a program entitled "The Black Entrepreneur in International Trade", with funds allocated to the Department of Trade & Commerce Development, in an amount not to exceed $15,000." During the Commission meeting of March 17, Mr. Frank Cox, Chairman of the Greater Miami Restoration and Development Board, appeared requesting financial assistance in the amount of $15,000 for a program entitled "The Black Entrepreneur in International Trade". At that time, pursuant to Motion 31-210 it was requested that the :itaff investigate the feasibility of funding this project. It is to this end that it is recommended that the City of Miami participate in this project which %%rill further promulgate our objective of making Miami an international center for trade, com- merce and finance. During this program, entitled "The Black Entrepreneur in International Trade", there will be training sessions and seminars aimed at prac- tically and technically training the black entrepreneurs in interna- tional trade and commerce. The end result of this program will further enhance the following objectives: 1. Projection of Miami as a hemispheric financial center. 2. Development of the Import/Export industry through black entrepreneurs in that field. 3. Miami as a center of world trade. 4. Miami as a transportation hub of U. S./Latin American business and transportation. The amount of $15,000 is to come from the Department of Trade & Commerce Development's budget. JAC:zd s TABLE OF CONTENTS INTRODUCTION 1. Definitions I1. Understandings III. Maximum Compensation/Method of Payment IV. Time of Performance V. Amendments VI. Compliance with Federal, State and Local Laws VII. Equal Opportunity VIII. Report IX. Conflict of Interest X. Opportunities for Small and Minority Businesses XI. Hold Harmless Clause XII. Duration of Agreement XIII. Termination XIV. Signatories y 1 3 TY "�`jl tru�i r�T�� 81 -2)57 The City of Miami and Maria Elena Torano Associates# hereinafter referred to as METH, entered into this Memorandum of Agreement this day of 11 1981, as a basis of understanding for the coordination, preparation and super- vision of a program entitled "The Black Entrepreneur in Inter- national Trade". WITNESSETH, that the City of Miami has entered into an agreement with META to prepare coordinate and supervise the program entitled "The Black Entrepreneur in International Trade" to be held in Miami, Florida during the months of February, March and April 1981. NOW, THEREFORE, the City of Miami and META do mutually agree as follows: I. DEFINITIONS CITY ------------------- City of. Miami PROGRAM ---------------- The Black Entrepreneur in International Trade META ------------------- Maria Elena Torano Associates DTCD------------------- Department of Trade & Con ierce Development II. UNDERSTANDINGS L1.1 A. It is understood that through the execution of this i E-- Agreement the City contracts with META for professional 'Ij 0services to prepare, coordinate and supervise the PROGRAM, �..., r. while the City maintains overall supervision over the PROGRAM. B. The purpose of the PROGRAM shall be: 6 81 -2157 Dvelop an information system to assist tninbrity businesses in international trade. Combine the efforts of the public and private sectors, specifically black businesses, to further enhance international trade in Miami. ij META further agrees to promulgate the following CITy's objectives in this PROGRAM: 1. Projection of Miami as a hemispheric financial oentor► 2. Miami as an entrepot of world trade. 3: Investment opportunities and facilities in Miami: 4: Miami as a transportation hub of U.S./Latin American business and transportation. Additional services to be provided include the provision of reports as outlined in Section VIII. E. 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 DTCD, as requested. Z. To maintain books, records, documents and other evidence according to generally accepted accounting rrinciples, procedures and practices which sufficiently and properly reflects all costs of any nature expended in the per- formance of this Agreement. 3. The aforesaid records, books, documents and other evidence shall be subject at all times to inspection, review, or audit by CITY personnel. . III. MAXIMUM COMPENSATION/METHOD OF PAYMENT For the rights and benefits realized through this Agreement the CITY will pay META an amount not to exceed $15,000 for the coordination, preparation and supervision of the PROGRI'm as outlined in the attached proposed program (Exhibit A) and made part of this Agreement by reference. -FO��,�l�l�i) �• W C!> IV. The above amount is to be paid to META upon toceipt of invoices from the same based on the following payment schedule: 1. Five Thousand Dollars and 00/100 ($5,000.00) upon complete execution of this Agreement. Five Thousand Dollars and 40/100 ($5,000.00) by April 13, 1981. 3. Five ThousandDollars and 00/100 ($5,000.00) by May 1, 1981. In the event the total amount is not expended for the purposes of coordinating, preparing and supervising the PROGRAM, the CITY will be returned all unused portions. If the CITY takes such action to terminate the Agreement, pursuant to Section IV, META shall be paid an amount for the cost only of those services which have been rendered to the date of termination. TIME OF PERFORMANCE The PROGRAM is to be held during February, March and April 1981. In the event that the PROGRAM is cancelled or postponed, the CITY has the option to renegotiate or terminate this Agreement. V. AMENDMENTS The CITY may, at its discretion, amend this Agreement at any time to conform with any contingencies which may require such amendment. Amendments, 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 applicale laws, ordinances, and codes of the federal, state and local governments. VII. EQUAL OPPORTUNITY META agrees that there will be no discrimination against any employee or person served on account of race, color, sex, 4- g7 -.-) .7 the right to terminate this Agreement. V111. REPORT 1X META will prepare and submit to the CITY the following reports: 1. META agrees to submit to the CITY, through the DTCD, reports on a monthly basis, from the date of this Agreement the status and progress of the PROGRA14. META agrees to submit to the CITY, through the DTCD, a final report within 30 days of the conclusion of this Agreement detailing those expenditures which will be defrayed by those funds to be received under this Agree- ment, and expected benefits to be received by the CITY as a result of the Agreement. CONFLICT OF INTERESTS 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 immediately disclose such share, benefit, or personal interest to the CITY. Upon such disclosure, such person shall not continue his parti- cipation is not contrary to public interest. META will comply with all federal, state, and local conflict of interest laws and requirements. X, OPPORTUNITIES FOR SMALL AND MINORITY BUSINESSES META 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 i t6Urdes of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Memorandum of 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 Development Target Area(s) designated by the CITY in the Community Development Grant Application approved by the U.S. Department of Housing and Urban Development. XI. HOLD HARMLESS CLAUSE - LLJ XII. META 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 term of this Agreement, for any personal injury, loss of life, or damage to property, sustained by reasons or as a result of META's agents, employees, or workmen, carelessness or negligence, from and against any orders, judgements 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 investigation thereof. DURATION OF AGREEMENT This Agreement will be in effect upon approval through Resolution by the City of Miami Commission and complete execution of the Agreement by both parties and will continue through May 1, 1981. XIII. TEP14INATION 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. META to fulfill in a timely and proper manner its obligations under this Agreement including compliance with the approved work program and attached condi- tions and such directives as may become generally applicable 1 '`'i7 XII. META 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 term of this Agreement, for any personal injury, loss of life, or damage to property, sustained by reasons or as a result of META's agents, employees, or workmen, carelessness or negligence, from and against any orders, judgements 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 investigation thereof. DURATION OF AGREEMENT This Agreement will be in effect upon approval through Resolution by the City of Miami Commission and complete execution of the Agreement by both parties and will continue through May 1, 1981. XIII. TEP14INATION 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. META to fulfill in a timely and proper manner its obligations under this Agreement including compliance with the approved work program and attached condi- tions and such directives as may become generally applicable 1 '`'i7 that are incorrect or incomplete in any material respect; and 3) ineffective or improper use of funds provided under this Agreement. XtV- SIGNATORIES IN WITNESS WHEREOF, the City of Miami and Maria Elena Torano Associates, have entered into this Agreement as of the date first above written. ATTEST: CITY OF MIAMI, a municipal corporation of the State of Florida By RALPH G. ONGIE, CITY CLERK RICHARD L. FOSMOEN, CITY MANAGER JOHN J. COPELAN, JR. ROBERT F. CLARK, ACTING CITY ATTOR: 0 pa iARL U fi Nfi r �x { INTRODUCTION rrr—r—_r---..—---------- sawo.cs�mn ty'LCyi�fSiYi �iYl¢�illYilt li .,.i �j4,y+ FLOWCHART---------------------------------r--- ...:��.n��..��.i.�.. CARIBBEAN AMERICAN TRADE ASSOCIATION & „r AFRICAN AMERICAN TRADE ASSOCIATIONh COMES INTO BEING ---------------------- __rwirnrrmacw�nannmoa�aranr:rtaacysatlsaYsr k SELECTION OF PARTICIPANTS-----------r-_...... CRITERIA FOR SELECTION OF PARTICLPANTS J�r -----rrrr THE TWO TIERED APPROACH -------------------------- — —--------- Slit PROPOSED TIER ONE COURSE CONTENT ----------------------------------------- PROPOSED TIER TWO ,{-------r—_rr_r----- PROFESSIONAL UTILIZATION) - ^-rrr�-lii1�— 5 • \ S{tyi. A. COMMITTEE TO INVESTIGATE AND SECURE PRODUCTS FOR EXPORT AND IMPORT AND MARKET MATCH ------------------------ 5 t B. COMMITTEE TO INVESTIGATE, ASSIST AND SECURE FUNDING k SUPPORT FOR THE PROGRAM PARTICIPANTS AND GRADUATES -------------- 5 r C. COMMITTEE TO PLAN, COORDINATE AND SECURE THE TRADE MISSION ------ 6 ESTABLISHING THE AMERICAN EMERGIN NATIONS TRADE COUNCIL ------------------ 7 h ATTACHMENT NUMBER ONE ---------------------------------------------------- 8 ATTACHMENT NUMBER TWO ---------------------------------------------------- 11 ATTACHMENT NUMBER THREE -------- — —---- ------- -------------- 12 f a '2 te u +r < ► f? 57 J �- i INTRODUCTION The area of Trade and Commerce, i.e. import-export, etc. represents one of the significant possibilities for Black businessmen who have the foresight and perceptions necessary to recognize the Caribbean and African markets for their vast potential. Miami's location is excellent for establishing a viable export business with the help of those who can identify and clarify the many pitfalls and familiarlize the local Black businessmen interested in this field with its requirements. The obviously greatest talent in the area of foreign trade lies in the Latin community of Dade County, Florida. In a relativelyshort period they were able to develop vast amounts of business and expertise. Consequently, we have called on the Latin Chamber of Commerce and the Department of Trade and Commerce of the City of Miai,i and any ►,' Y. other interested party to assist our Board, The Greater Miami Restor tion & Development Board, with the organized and systematic education of the potential Black exporter as well as providing support services for those Black exporters who are already in business. The Latin Chamber and the City of Miami's Department of Trade and Commerce have responded positively in spirit and action in our initiative. This brief memorandum is intended to serve as our Board's attempt to ensure genuine and meaningful efforts are undertaken in our name and further that there is a coherent successful joint venture between the parties and their constituents. promote Black entrepreneurship in the field of foreign trade. We identified interested persons in Miami and consulted with various Caribbean and West African business and governmental leaders. We concluded that the level of support would be good and the need is definite. At the present time we have more members than are practical for us to utilize in the program. Consequently, �-je will have to select these members who are most likely to Fiarticipate fully and benefit from the experience. We are prepared to screen our• associations' members and submit our delegates to M.E.T.A. for inclusion in GREATER MIAMI RESTORATION AND DEVELOPMENT BOARD CITY OI MIAM1 --`----`-'"----" ------ I -] DEPARTMENT LATIN OF TRADE AND COMMERCE CHAMBER OF COMMERCE Tilt TWO -TIERED APPROACH This approach intends to include and address the substantial problem relating to the experienced international trader who is a member of our association and is in possession of various and diverse skills and desires to utilize such skill in training these community members needing the rudimentary import-export course. There must be a meaningful inclusion of those of us who are in need of support services yet not in need of rudimentary courses. The failure of M.E.T.A.'s proposal orr the City officials to include these individuals in their consideration is the source of substantial friction and resistance to the original proposal as submitted by M.E.T.A. Our position is that in order for the Department of Trade and Commerce and M.E.T.A. to respond to our intent and meet our needs we must first inform them both of our intent and needs. Consequently, this two -tiered approach takesinto consideration the above, as well as the necessary rudimentary training for these members of the associations who need such training. PROPOSED TIER ONE COURSE CONTENT Here we are in agreement with M.E.T.A.'s proposal to a great extent, i.e., A pRUPOSED TIER TWO (PROFESSIONAL UTILIZATION) the intent here is not to posture and/or profile, rather to in fact comprehensively and meaningfully organize the apparatus which will open doors on the other end, i.e. the Caribbean and Africa.so that we are not in fact giving our members a basket to carry water while in the interim we publicize our proficient answer to Black trading to applause which is in fact not deserved until the process is tediously and properly completed. It is insulting,misleading and degrading for responsible officials to infer or state that it is necessary to look out of town for qualified black leadership in the field of foreign trade when in fact the minds and expertise are available right mere in Miami to coordinate any Third World Trade Fair. We are now proposing a very close cooperation with th• consultant to build the foundations upon which this experiment is to be based jy utilizing the emerging nation citizens who are willing to support our efforts and to open the door for our members and their supporters from the Latin and Anglo American communi ti es . See Attachment plumber Two. C014MITTEE SYSTEM ►--�.t y 11i J �~ �L4��I�'r We have established a committee to investigate and secure products for export and for import into the United States and to begin the market matching process in anticipation of the launching of an aggressive entry into the market place, i.e. U.S. Department of Commerce, Florida Department of Commerce, City Department of Trade and Commerce, Private sources outside the U.S., etc. Next there is a committee to investigate, assist and secure funding support for the program participants and graduates in anticipation of their needs upon preparedness being attained and the requisite legal sufficiency being achieved. Page 5 r - ; 4 w tSTABLISHING THE AMER[CAN/F.M[PGING NATIONS TRADE COUNCIL The establishing of this Council is significant for the successful int= plementation of the program. Ole will utilize support services through the emerging nations trade leadership, both governmental and private. This will be coordinated through G.M.R.D.Q., the Department of Trade and Commerce, and the consultant working in conjunction with the Caribbean American Trade Association and the African American, -Trade Association. The fact of the matter is that the local wherewithal will be matched by a corresponding willingness in the emerging nations in order to in,,ure so►ne measure of success. Neither the local Latin or white conwunities can insure success either with funding, legislation, or moral support without the tacit support of the emerging nations public and private sectors. In closing, we are working towards the establishment of a monitoring team composed of fiscal and business professionals who will work on overseeing the integrity of the management process and supporting the independent businesses which result from this process. See Attachment Number Three Lastly, the integrity of this effort will be best served all around by any and all individuals connected herewith not attempting to capture or co-opt credit for the ideas contained herein. There will be ample opportunities for every individual entity concerned to be credited for its efforts and support. I1, Techniques of funds transfer �. Local exchange restrictions IV. International Taxation A. Tax policies and overview .1. Section 162 - bribes 2. Section 482 - IRS allocations of revenue and expenses 3. Section 861 - allocations of expenses among subsidiary V, International Market.ng A. Strategic planni.g for export profit 1, determining export objectives 2, planning the export marketing mix g, Identifying export market opportunities f � C. Product planning for export markets (class case) Mi r p, Planning export pricing strategy E. Export methods of distributors 1. Manufacturer's representative - selection and drawing of agreements y 2. foreign trading firms r 3. Freight forwarding x� 4 4. Export packaging and shipping requirements j! L Pare 4 - _ .. �.��Wyµn4+kxs[+T''ry"e✓iw'nw,usa•ru i e a Vt. VII. "VIII. } t EXPORTING FOR THE SMALL BUSINESS Export promotional efforts (class case i. Licensing and joint ventures H. Contract manufacturing Y Customs regulations A. U.S. Customs regulations B. Sources of information on foreign countries Customs regUlations Political and cultural dimensions of international trade A. Business practices in Latin America B. Government and business in Latin Pinerica Small Business aids for exporters e ATTACHMENT NUMBER TWO BLAOK t1dTREPRENEUR IN INTERNATIONAL _TRADE METHODOLOGY Expertise development will consist of a work experience component, AS W0 1 as a formal education component. These two components go hand•in-hand and should last no longer than six months. WORK EXPERIENCE MODULE Under this part of the program, each of twenty Latin businessmen will sponsor a black businessman for a period of six months,two hours per week. Since each sponsorship is unique, hours will be worked out according to mutual interest and satisfaction. PRACTICAL BUSINESS i'NOWLEDGE MODULE Florida International University (FIU) will provide a formal training session on business and international trade. The program will consist of twenty-six weeks, two classes per week and will last two hours per week. (See enclosure) Time, place and content flexible and can be negotiated.