HomeMy WebLinkAboutR-93-07610
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S 7 STEMS1 INC. SOUTHEAST
QMUrY MONITORING PWGRAM I
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THIS IS TO CERTIFY THAT LASON SYSTEMS, INC. - SOUTHEAST
PRESENTS THE FOLLOWING IMAGES AS AN ACCURATE AND
COMPLETE MICROFILM COPY OF THE ORIGINAL BUSSINESS
FILES AS EDITED BY THE INSTITUTION INSTRUCTIONS.
J-93-874
12/1/93
RESOLUTION NO.
93- 761
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING
THE CITY MANAGER TO EXECUTE A CONTRACTUAL
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH DOWNTOWN MIAMI PARTNERSHIP
(FORMERLY DOWNTOWN MIAMI BUSINESS
ASSOCIATION), FOR THE PURPOSE OF IMPLEMENTING
A COMMERCIAL FACADE TREATMENT PROGRAM AS
HEREIN SPECIFIED; ALLOCATING FUNDS THEREFOR,
IN AN AMOUNT NOT TO EXCEED $16,000.00, FROM
COMMUNITY DEVELOPMENT BLOCK GRANT COMMERCIAL
FACADE REVITALIZATION PROGRAM FUNDS.
WHEREAS, the Commercial Facade Treatment Program was
approved in the fourteenth (14th) year Community Development
Block Grant Application pursuant to Resolution 88-384; and
WHEREAS, the promotion of economic revitalization in the
neighborhoods of the City of Miami is an important part of the
City's economic development strategy; and
WHEREAS, Community Development Block Grant funds are
allocated from the Commercial Facade Revitalization Program up to
the amount specified; and
WHEREAS, the proposed Commercial Facade Treatment is a
component of the Comprehensive Citywide Commercial Rehabilitation
Assistance Facade Treatment Program; and
WHEREAS, the eligibility for assistance will be based on a
70%-30% match, City of Miami and Business/Property Owner
TA Ur' E H T (S)
CITY COMNaSSIOX
MEETMG OF
DEC 1 6 1993
N
9 3 R
respectively, for participating businesses located within the
r Downtown Target Area; and
WHEREAS, the maximum amount allocated per participating
business is two thousand dollars ($2,000.00);
j NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized to
execute a contractual agreement, in substantially the attached
form, with Downtown Miami Partnership (formerly Downtown Miami
Business Association), for the purpose of implementing a
commercial facade treatment program, with funds therefor hereby
allocated, in an amount not to exceed $16,000.00, from Community
Development Block Grant Commercial Faoade Revitalization Program
Funds.
Section 3. The City of Miami financial assistance for
each participating business under this program will be 70%, up to
a maximum of one thousand four hundred dollars ($1,400.00), and
30%, up to a maximum of six hundred dollars ($600.00) , for each
participating business.
Section 4. The properties to be rehabilitated have been
properly identified and reviewed by all parties involved, the
City of Miami Department of Community Development and the
Downtown Service Center, and are on file.
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Section 5. Upon project completion, the Downtown Miami
Partnership shall present all documentation, including invoices,
generated by these eight projects to the City of Miami Department
of Community Development.
Section 6. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 16th day of December , 1993.
EPHEN P. C ARK, MAYOR
A E
TY HIRAI
CITY CLERK
COMMUNITY
REVIEW:
FRANK ASTAKMA, DIRECTOR
DEPARTMENT OF COMMUNITY DEVELOPMENT
BUDGETARY REVIEW:
'At
MANOHAR
ASSISTANT C MANAGER
DEPARTMENT BUDGET
PREPARED AND APPROVED BY:
CARMEN L. LEON
ASSISTANT CITY ATTORNEY
CLL:oSk:X40l7
—3—
APPROVED AS TO FORM AND
CORRECTNESS:
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A. QUI N cTO F ITT
CITY ATTO
93- '761
CITY OF MIAMI, FLORIDA
COMMERCIAL FACADE TREATMENT PROGRAM AGREEMENT
This Agreement entered into this day of
, 1993, by and between the City of
Miami, a municipal corporation of the State of Florida,
hereinafter referred to as "CITY", and the Downtown Miami
Partnership (formerly DMBA), a not -for -profit corporation of the
State of Florida, hereinafter referred to as the "SUBRECIPIENT".
RECITAL
Funding Source: Community Development Block Grant
Term of the Agreement: One year
Amount: $16,000.00
Tax Identification Number:
Executive Director: Josie Correa
Address: One Biscayne Tower, Suite 1818, Miami FL 33131
Telephone Number: (305) 579-6336
WHEREAS, this program was approved in the Fourteenth (14th)
Year Community Development Block Grant Application by Resolution
No. 88-384; and
WHEREAS, the City Commission passed Resolution No.
authorizing the City Manager to execute a contractual agreement
with the SUBRECIPIENT; and
93-- 761
WHEREAS, the SUBRECIPIENT has been allocated Sixteen
Thousand ($16,000.00) for the Commercial Facade Treatment
Program;
NOW, THEREFORE, in consideration of the promises and the
mutual covenants and obligations herein contained, and subject to
the terms and conditions hereinafter stated, the parties hereto
understand and agree as follows:
ARTICLE I
1.0 PROCEDURES
1.1 TIME OF PERFORMANCE
The term of this Agreement shall be from
to Upon
termination of this Agreement, the SUBRECIPIENT agrees and
understands that the CITY has no obligation to renew this
Agreement.
1.5 POLICIES AND PROCEDURES MANUAL
SUBRECIPIENT is aware and accepts the procedures for the
Commercial Facade Improvement Program as the official
document which outlines the fiscal, administrative and
Federal guidelines and which shall regulate the day-to-day
operations of the SUBRECIPIENT, which is attached and
incorporate herein and made a part of this Agreement.
1.6 BONDING AND INSURANCE
1. During the term of this Agreement, the SUBRECIPIENT
shall maintain insurance and bonding coverages in
amounts acceptable to the City of Miami Department of
Risk Management. Whenever applicable the City shall be
I named as an additional insured.
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93- 761
2. During the term of this Agreement, the SUBRLCIPIENT will
be required to ensure that contractors participating in
the facade improvement shall maintain appropriate
general liability insurance coverage prior to the
commencement c1f work. The amount of insurance coverage
shall be determined by the Insurance Coordinator of the
City of MiL1111i.. Compliance with the foregoing
requirements tiball not relieve the SUBRECIPIENT of its
liability and obligations under this section or under
any other section of this Agreement.
1.7 LEVEL OF SERVICE
Should start-up time for a program be required or any delays
in the execution of the work by the contractor occur, the
Department of Community Development is to be notified in
writing immediately, giving all pertinent details and
indicating when work shall begin and will continue.
1.8 OTHER PROGRAM REQUIREMENTS
(a) SUBRECIPIENT shall carry out its Work Program in
compliance with all Federal laws alld regulations
described in Circulars A-110, A-.122, and A-133. (Rules
and Regulations Ear Community Development Block Grant
Subrecipients).
(b) SUBRECIPIENT shall not assume the CI'ry's environmental
responsibilitLes described at 24 CFR 570.604 of the
CDBG Program regulations, and ne CITy's responsibility
for initiating the review process Linder i:xecutLve Order
12372 (Rules and Regulations For C0111111Unity DevelopmenL•
Block Grant S1lbrecipients).
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1.9
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(c) A contractor hired by the SUBRECIPCINT must be selected
in accordance with Office of Management and Budget -
Circular No. A-110 and will file, if applicable, IRS
Form 1099 with persons providing consultant services in
excess of $400.00.
(d) A contractor hired by the SUBRECIPISNT shall be
prohibited from using lead -based paint in structures
rehabilitated wiL11 CDBG monies.
REPORTS, AUDITS AND EVALUATIONS
The SUBRECIPIENT shall comply with the Federal Directive
required by the U.S. Department of [lousing and Urban
Development (USFIUI)) to document that program activities are
provided for the benefit of low to moderate income persons.
In accordance with the Code of Federal Regulations 24 CPR
Part 570.506, records shall be maintained for each activity
to determine that services benefit low and moderate income
persons.
At the request of the CITY, SUBRECIPIENT shall transmit to
CITY written statements of SUBRECIPIENT'S official policy on
specified issues relating to SUBRECIPIENT'S activities.
CITY may carry out monitoring and evaluation activities,
including visits and observations by CITY staff;
SUBRECIPIENT shall ensure the cooperation of :its employees
and Board members in such efforts. Any inconsistent,
incomplete, or inadequate information either received by the
CITY or obtained through monitoring and evaluation by the
CITY, shall constitute good cause for the CITY to terminate
this Agreement at itny time thereafter.
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93- 761
ARTICLE II
2.0
SCOPE OF SERVICES
2.1
The SUBRECIPIENT agrees to carry out the project in a
lawful, satisfactory and proper manner, in accordance with
the procedures, for the Commercial Facade Treatment Program
and the Policies and Procedures Manual for Community
Development subrecipients and accepts them as the official
documents which outlines the fiscal, administrative and
federal guidelines and which shall regulate the day-to-day
operations of the SUBRECIPIENT.
2.2
The SUBRECIPIENT will notify businesses of the availability
of the Facade Treatment Program in the identified
deteriorated areas of the target area's commercial corridors
and to the businesses in the rest of the target area with
blighted storefront buildings.
2.3
The SUBRECIPIENT will develop a priority list of buildings
to be improved in coordination with the Neighborhood
Enhancement Team (N.E.T.) for Downtown.
2.4
The SUBRECIPIENT will enter into a commercial facade
rehabilitation agreement with the businesses after approval
by the Department of Community Development and will receive
a matching contribution up to $600.00 as established. This
payment will be made by money order or cashier check only.
2.5
The SUBRECIPIENT will advertise for bid the work to be done,
(a minimum of two bids is required), including City's paint
i
specifications, guarantees and insurance guidelines, and
along with the business/property owner, will select the
lower bid and/or the best offer, and ensure that a contract
761
is executed between the SUBSUBRECIPIENT and the
business/property owner.
2.6 The SUBRECIPIENT will. inform the Department of Community
Development when the work is completed for inspection and
approval. A picture of each business (before :and after)
must be obtained by the Neighborhood Enhancement Team (NET)
Office.
2.7 The SUBRECIPIENT shall obtain, upon completion of the
property being rehabilitated, a Certification and Acceptance
of Work, properly signed by:
a) Business/property owner
b) Community Based Organization
c) Department of Community Development
d) Neighborhood (Enhancement Team Representative
2.8 After completion and approval the SUBRECIPIENT will approve
all ipvoices submitted by the CONTRACTOR and submit a
request for payment to the Department of Community
Development within five (5) days of work completion.
2.9 The SUBRECIPIENT will be required to open and maintain a
separate checking account for the duration of this
contractual agreement.
2.10 The Department of Conununity Development will monitor the
fiscal and programmatic operations of the Commercial facade
Treatment Program every quarter. The SUBRECIPIENT will be
required to make available all financial records as well as
operational documents. Said right shall exist during the
period of this Agreement and for a period of three (3) years
following the date of a contract termination.
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93- 761
2..11 The SUBRECIPIENT is required.- to
execute this Agreement
within thirty (30) days of receipt from the Department of
Community Development. Failure to do so will
P be cause to
deny contract execution with said SUBRECIPIENT.
2.12 The following services will be allowed under the auspices o
the Commercial Facade Treatment Program. f
1• Painting (include pressure cleaning, caulking, etc.)
2 • S.ignage
3• Awning
4• Door
5• Store Show Case Window
6• Shutter
2.13 The SUBRECIPIENT agrees that no funds allocated under this
Agreement shall
go toward administrative cost.
2.14 If the service contracted (awning, sign or shutter) requires
a deposit, q s
p the matching contributions from the business
owner could be realized after the contract is signed between
the SUBRECIPIENT and the Business Owner.
ARTICLE III
3•0 FUNDING
3.1 COMPENSATION
A. CITY shall pay SUBRECIPIENT, as maximum
compensation for the work provided pursuant to Resolution
No.
3.2 AUDIT RIGHTS
CITY reserves the rig}lt to audit the records of SUBRECIPIENT
at any time during t}ie performance of this Agreement and f
a period of three years
years after final payment is made under
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93- 761
this Agree►►,Mt. SUBRECIPIENT agrees to provide all
financial and other applicable records and documentation of
worked performed to CITY.
3.3 CONTINGENCY CLAUSE
Funding for this Agreement is contingent on the availability
of funds and continued authorization for program activities
and is subject to amendment or termination due to lack of
funds or authorization, reduction of funds, and/or change in
regulations.
3.4 SEPARATION OF CHURCH/STATE
In accordance with First Amendment Church/State principles,
CDBG assistance may not be used for religious activities or
provided to primarily religious entities for any activities,
including similar activities, as directed by 24 CFR
570.200(j). SUBRECIPIENT shall comply with this provision
when entering into subcontracts.
ARTICLE IV
4.0 GENERAL REQUIREMENTS
4.1 INDEMNIFICATION
SUBRECIPIENT, shall pay on behalf of, and save CITY harmless
from and against any and all claims, liabilities, losses,
and causes of action which may arise otit of SUBRECIPIENT'S
activities under this Agreement, including all other acts or
omissions to act on the part of SUBRECIPIENT, including any
person acting for or on its behalf; from and against any
relevant orders, judgements, or decrees which may be entered
1
761
1 against the CITY, and liabilities incurred by the CITY in
the defense of itny such claims or in the investigation
thereof.
4.2 AMENDMENTS
No amenditnents to this Agreement shall be binding on either
party unless in writing and signed by both parties.
4.3 OWNERSHIP OF DOCUMENTS
All documents developed by SUBRECIPIENT under this Agreement
shall be delivered to CITY by said SUBRECIPIENT upon
completion of the services required pursuant to this
Agreement and shall become the property of CITY, without
restriction or limitation on its use. SUBRECIPIENT agrees
that all documents maintained and generated pursuant to this
contractual relationship between CITY and SUBRECIPIENT shall
be subject to alL provisions of the Public Records Law,
Chapter 119, Florida Statutes.
It is further understood by and between the parties that any
document which is given by CITY and SU13RECIPIENT pursuant to
this Agreement shall at all time remain the property of CITY
and shall not be used by SUBRECIPIENT for any other purposes
whatsoever without the written consent of CITY.
4.4 AWARD OF AGREEMENT
SUARECIPIENT warrants that it has not employed or retained
any person employed by the CITY to solicit or secure this
Agreement and that it has not offered to pay, paid, or
agreed to pay any person employed by the CITY any fee,
commission percentiige, brokerage fee, or gift of any kind
93- 761
contingent upon or resulting from the award of this
Agreement.
4.5 NON-DELEGABILITY
The obligations undertaken by the SUBRECIPIENT pursuant to
this Agreement shall not be delegated or assigned to any
other person or firm unless CITY shall first consent in
writing to the performance or assignment of such services or
any part thereof by another person or firm.
4.6 CONSTRUCTION OF AGREEMENT
This Agreement shall be construed and enforced according
with all applicable laws, ordinances and codes of federal,
state and local governments.
4.7 OBLIGATION TO RENEW
Upon expiration of the term of this Agreement, SUBRECIPIENT
agrees and understands that CITY has no obligation to renew
this Agreement.
4.8 TERMINATION OF CONTRACT
CITY retains the right to terminate this Agreement at any
time pursuant to this Agreement without penalty to CITY. In
that event, notice of termination of this Agreement shall be
in writing to SUBRECIPIENT, who shall be paid for work
performed prior to the date of its receipt to the notice of
termination. In no case, however, shall CITY pay
r
SUBRECIPIENT an amount in excess of the total sum provided
by this Agreement.
It is hereby understood by and between CITY and SUBRECIPIENT
that any payment made in accordance with this Section to
SUBRECIPIENT shall be made only if said SUBRECIPIENT is not
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in default under the terms of this Agreement. If
SUBRECIPIENT is in default, the CITY shall in no way be
obligated and shall not pay to SUBRECIPIENT any sum
whatsoever.
It is also understood that in accordance with 24 CFR 85.43-
44 of the CDBG rules and regulations, suspension or
termination may occur if SUBRECIPIENT fails to comply with
any term of this Agreement, or if the CITY deems it
convenient to terminate it.
4.9 GENERAL CONDITIONS:
A. All notices or other communications which shall or may
be given pursuant to this Agreement shall be in writing
and shall be delivered by personal service, or by
registered mail addressed to the party at the address
indicated herein or as the same may be changed from
time to time. Such notice shall be deemed given on the
day on which personally served; or, if by mail, on the
fifth day after being posted or the date of actual
receipt, whichever is earlier.
CITY OF MIAMI: SUBRECIPIENT:
DEPARTMENT OF COMMUNITY DOWNTOWN MIAMI PARTNERSHIP
DEVELOPMENT One Biscayne Tower
300 Biscayne Blvd., Way Suite 1818
Suite 420 Miami, FL 33131
Miami, FL 33131
B. Title and paragraph headings are for convenient
reference and are not a part of this Agreement.
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93- '761
C. In the event of conflict between the terms of this
Agreement and any terms or conditions contained in any
attached documents, the terms of this Agreement shall
rule.
D. No waiver or breach of any provision of thi.9 Agreement
shall constitute a waiver of any subsequent breach of
the same or any other provision hereof, and no waiver
shall be effective unless made in writing.
E. Should any provisions, paragraphs, sentence:-,,, words or
phrases contained in this Agreement be determined by a
court of competent jurisdiction to be invalid, illegal
or otherwise tinenf-orceable under the laws of the State
of Florida or the City of Miami, such provisions,
paragraphs, sentences, words or phrases shall be deemed
modified to the extent necessary in order to conform
with such laws, or if not modifiable to conform with
such laws, then same shall be deemed severable, and in
either event, the remaining terms and provisions of this
Agreement shall remain unmodified and in full force and
effect.
4.10 INDII-PENDENT SUBRECIPIENT
The SUBRECIpIENT and its employees and agents shall V)e
deeined to be independent contractors, and not agents or
employees of CITY, and shall not attain any rights or
penefits under the Civil Service or Pension Ordinances of
the CITY, or any rights generally afforded classified or
unclassified employees; further he/she shall not- be deemed
entitled to the Florida Workers` Compensation benefits as an
employee of the CITY.
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I�
4.11 SUCCESSORS AND ASSIGNS:
This Agreement shall be binding upon the parties herein,
their heirs, executors, legal representatives, successors,
and assigns.
ARTICLE V
5.0 CONFLICT OF INTEREST:
The SUBRLCIPIENT is aware of the conflict of interest laws
of tjle City of Miami ( City of Miami Code Chapter 2, Article
V), Dade County Florida (Dade County Section 2-11.1) and the
State of Florida, and agrees that it will fully comply in
all respects with the terms of said laws.
The SUBRECIPIENT covenants that no person under its employ
who presently exercises any functions or responsibilities in
connection with this Agreement has any personal findncial
interests, direct or indirect, in this Agreement. The
SUBRECIPIENT furtho�r 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
SUBRECIPIENT or its employee, must- be disclosed in writing
to the CITY. The SUBRECIPIENT, in the performance of this
Agreement, shall be subject to the more restrict law and/or
guidelines regarding conflict of interest- promulgated by
federal, state or local governments.
93- 761
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ARTICLE V1
6.0 NONDISCRIMINATION:
The SUARECIPIENT agrees that it shall not discriminate as to
race, sex, color, creed, national origin or handicap in
connection with its performance under this ,Agreement.
>:urtliermore, that no otherwise qualified individual shall,
solely by reason of his/her race, sex, color., creed,
national origin, or handicap, be excluded from tile
participation in, -be denied benefits of, or be subjected to
discrimination under any program or activity receiving
federal financial assistance.
ARTICLE VII
7.0 ASSURANCES AND CERTIFICATIONS:
The SUBRECIPIENT assures and certifies that:
a) All expenditures of funds will be made in accordance
with the stated budget allocation as approved by the
City Commission.
b) CITY funds will not be co -mingled with any other funds
and that separate bank accounts and accounting records
will be maintained.
C) The expenditures of CITY Funds will be properly
documented and such documentation %gill be maintained.
d) Periodic progress reports as requested by the CITY will
be provided.
e) The SUSRLCIPIINT will be personally liable for any CITY
funds expended that were not consistent with the
program approved by the City Commission or any funds
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93- 761
expended not in accordance with proper accounting
standards as determined by competent auditing
authority.
f) No activity Linder this Agreement sha.].I involve
political activities.
g) The SUBRECIPIENT possesses legal authority to enter
into this Agreement; a resolution, motion or similar
action has been duly adopted or passed as an official
i
act of the SUBRECIPIENT'S governing body, authorizing
the execution of this Agreement, including all
understandings the person identified as the official,
representative of the SUBRECIPIEN`1' to act in connection
i
with the contractor and to provide such additional
�i
j(
information as may be required.
I ARTICLE VII1
B.0 ENTIRE AGREEMENTS:
This instrument and its attachments constitute the sole and
i
only agreement of the parties hereto relating to said grant
i
and correctly set forth the rights, duties, and obligations
of each to the other as of its date. Any prior agreements,
promises, negotiations, or representations not expressly set
forth in this Agreement are of no force or effect.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by the respective officials thereunto
dyly authorized on the first date above written.
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ATTEST:
MATTY HIRAI
CITY CLERK
ATTEST:
CORPORATE SECRETARY
CITY OF MIAMI, a Municipal
Corporation of the State of
Florida
BY:
CESAR H. ODIO
CITY MANAGER
SUBRECIPIENT:
BY:
JOSIE CORREA
EXECUTIVE DIRECTOR
(AFFIX SEAL)
APPROVED AS TO FORM AND CORRECTNESS:
A. QUINN JONES, III
CITY ATTORNEY C C,&
APPROVED AS TO INSURANCE REQUIREMENTS:
INSURANCE COORDINATOR
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDU
TO: Honorable Mayor and Members of DATE November 29, 1993 FILE:
the Miami City Commission
SUBJECT: Commercial Facade
Rehabilitation -Agenda
n Item
a
FROM : Ceponager
dio REFERENCES: Commission Meeting
Ci of 12/16/93
ENCLOSURES:
RECOMMENDATION:
It is respectfully recommended the Miami City Commission approve
the attached resolution allocating Sixteen Thousand Dollars
($16,000.00) towards commercial facade rehabilitation of eight
(8) businesses which is part of a 62 business project and in
conjunction with business and property owners of the Downtown
target area.
BACKGROUND:
In an effort to promote economic revitalization within blighted
City of Miami neighborhoods, the Commercial Facade Treatment
Program was implemented, per Resolution #88-384, during the 14th
Year of the Community Development Block Grant Program.
Since that time, many business exteriors have been improved with
respect to paint, signs, awnings, etc., resulting in upgraded
living conditions of the affected areas, enhanced neighborhood
services, and increased benefits to the community.
Therefore, it is requested that the City of Miami enter into an
agreement with the Downtown Miami Partnership (formerly DMBA) for
a period of one year, to assist in the coordination and
implementation of the facade improvement program of the following
properties:
Downtown Area
NAME
Rey Cash
Eye -Site Optical
Roth Vision Center
Bayside Dental
Vacant (to be leased)
Vacant (to be leased)
Vacant (to be leased)
Aiki America
ADDRESS
128
N.E.
2
Ave.
136
N.E.
2
Ave.
138
N.E.
2
Ave.
138
N.E.
2
Ave., Suite 200
134
N.E.
2
Ave.
110-112 N.E. 2 Ave. 0412-
118-120 N.E. 2 Ave.
173 N.E. 1 St.
cti. 93— 761
Honorable Mayor and Members
of the City Commission
i
Page 2
Each of the above captioned enterprises would be allocated a
maximum of two thousand dollars ($2,000.00), with the City of
Miami contributing 70% up to one thousand four hundred dollars
($1,400.00) and the business or property owner contributing 30%
up to six hundred dollars ($600.00). The Downtown Miami
Partnership would assume responsibility for completion of all
pertinent documentation, and would forward such information to
the City of Miami Department of Community Development.
Therefore, per the aforementioned legislation, it is requested
that the attached resolution be adopted.
ATTACHMENT