HomeMy WebLinkAboutR-91-0108J--90-976
11/19/90
RESOLUTION NO. 9 w 108
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACTUAL
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
WITH THE HAITIAN TASK FORCE, INC., IN AN
AMOUNT NOT TO EXCEED $30,000, FOR THE PURPOSE
OF PURCHASING ADDITIONAL PROPERTY FOR PARKING
AND THE EXPANSION OF THE CARIBBEAN
MARKETPLACE; ALLOCATING FUNDS THEREFOR FROM
THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND
(MINI-UDAG PROGRAM).
WHEREAS, the City Commission is committed to economic
development and the expansion of trade and commerce; 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, the Haitian Task Force, Inc. developed,
implemented, and now manages the Caribbean Marketplace; and
WHEREAS, the Caribbean Marketplace represents a $1.2 million
investment of private and public funds in a low-income commercial
district of the City of Miami; and
WHEREAS, the City invested $150,000 of Community Development
Block Grant Fund (Mini-UDAG Program) in the development of the
Caribbean Marketplace; and
WHEREAS, the Haitian Task Force, Inc. has been awarded a'
$472,000 grant from the Department of Health and Human Services; is
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WHEREAS, the proposed grant will be used to acquire property
for additional parking facilities and the expansion of the
Caribbean Marketplace; and
WHEREAS, the allocation of $30,000 from the City's Community
Development Block Grant Fund (Mini-UDAG Program) will be used in {
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conjunction with the objectives of the health and human services
grant in the continued development of the Caribbean Marketplace;
ATTACHMENTS
CONTAINED
NOW, THEREFORE, RR IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Sedtioft 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
an agreementi/, in substantially the attached form, with the
Haitian Task Force, Inc., in a form acceptable to the City
Attorney, for the purpose of acquiring additional property for
parking and the expansion of the Caribbean Marketplace, with
funds therefor hereby allocated in an amount not to exceed
$30,000 from the Community Development Block Grant Fund (Mini
-
UDAG Program).
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 14th
day of February , 199L.
COMMUNITY DEVE PMENT REVIEW AND APPROVAL:
F GAS EDA, DIRECTOR
DEPARTMENT OF COMMUNITY DEVELOPMENT
The herein authorisation is further subject to compliance with
all requirements that may be imposed by the City Attorney,
including but not limited to these prescribed by applicable
City Charter and Code provisions.
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"MOVED AS TO FORM AND CORRECTNESS:
,4o'-R= 1 ERMANDEZ
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CITY AT NEY
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CITY OF MIAMI, FLORIDA
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1.4 Certificate of Insurance which reflects CONTRACTOR'S
current liability insurance, naming the CITY as primary or
additional insured as determined by the Law Department of
the CITY; current Workers' Compensation insurance; current
Fidelity Bond (applicable for all persons who are
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authorized to receive and disburse funds under this
Agreement); and other coverage as deemed necessary, if
applicable (i.e. automobile insurance).
1.5
CONTRACTOR's Corporate Seal (to be affixed to Signatory
Page, and Corporate Resolution).
1.6
Copy of CONTRACTOR's Articles of Incorporation, Charter and
Bylaws.
1.7
List of Present Principal Governing Board Officers and
Members of the Board (names, addresses and telephone
numbers).
1.8
List of Key Staff Persons, with their titles, who will
carryout this program.
1.9
Completion of Authorized Representative Statement.
1.10
Completion of Statement of Accounting System.
1.11
A letter from an independent Certified Public Accountant;
which expresses the opinion that the CONTRACTOR's internal
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-controls are adequate to safeguard the organization's
assets.
1.12
Corporate Personnel Policies and Procedures.
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1.13
Job Description and Resumes for all positions funded in
whole or in part under this Agreement.
1.14
Acceptance of Office of Management and Budget(OMB)
Circular A-110, Attachments "A", (Cash Depositaries),
"B" (Bonding and Insurance), "C" (Retention and Custodial
Requirements for Records), "F" (Standards for Financial
Management Systems), "H" (Monitoring and Reporting Progress
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Performance), N" (Property Management Standards), and
"A" (Procurement Standards).
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1.15 Acceptance of HUD Regulations 24 CPR Part 85 entitled
"Uniform Administrative Requirements for Grants and
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Cooperative Agreements to State, Local and Federally
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Recognized Indian Tribal Governments".
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1.16 Acceptance of Policies and Procedures Manual for Community
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Based Organizations.
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As a necessary part of this Agreement, the CONTRACTOR shall
provide. the following documents to the Department of Community
Development, in accordance with the requirements of the
Agreement:.
A. Final Expenditure Report to be submitted no later than
thirty (30) days after contract expiration.
B. Certified Independent Audit to be submitted sixty (60)
days after contract expiration.
CONTRACTORS receiving monies from the Department of
Community Development must allocate in their budgets
sufficient funds to secure an annual independent audit
which must include the expression of an opinion on the
Contractor's financial statements, and a compliance
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letter stating whether the CONTRACTOR is in conformity
with federal grant regulations (Office of Management
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and Budget Circular A-110). Said audit must be
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submitted no. later than sixty (60) days after the
expiration of the Community Based Organization
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agreement with the Department of Community Development.
The City of Miami's Department of Internal Audits and
Reviews shall have the authority to review CONTRACTOR`.
... records, includingprogrammaticrecords and books of
.A account, for a period of up to three ("3) years from the
termination ,date of the agreement. All books of
account and supporting documentation should be kept ,by
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the Contractor at least three (3) years for audit
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ARTICLE II
TIME OF PERFORMANCE
The term of this Agreement shall be for one year from date
of execution by the City Manager.
2.2 CITY AUTHORIZATION
For the purpose of this Agreement, the City of Miami
Department of Community Development (hereinafter the
"DEPARTMENT") will act on behalf of the CITY in the fiscal
control, programmatic monitoring, and modification of this
Agreement, except as otherwise provided by this Agreement.
2.3
OBLIGATION OF CONTRACTOR
The CONTRACTOR shall carry out the services as prescribed
in its Work Program (Attachment I), which is attached and
incorporated herein and made a part of this Agreement, in a
lawful, and proper manner, satisfactory to the CITY, in
accordance with the written policies, procedures, and
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requirements as prescribed in this Agreement, as set forth
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by; the United- States Secretary of Treasury and the City of
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Miami Department .of Community Development.
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Contractor is aware and accepts the Policies and Procedures
Manual' for Community Based Organizations as the official
document which outlines the fiscal, administrative and
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Federal,,guidelines and which shall regulate the day-to—day
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operations of the CONTRACTOR.
2.4`
BONDING AND INSURANCE
CONTRACTOR shall maintain insurance and bonding coverages
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acceptable to the CITY's Insurance Management Division of
the Law Department. Prior to commencing any activity under
this Agreement, the CONTRACTOR shall furnish to the "CI-TY".
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certi,fiCates of insurance and bonding indicating that the
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CQNTKA�CTOR is in compliance with the provisions ipf thus,�
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CONTRACTOR shall provide the following coverages:
a) Insurance coverage that reflects sound business
practices acceptable to the CtTY's Insurance Management
Division of the Law Department.
b) Fidelity bonding for all persons handling funds
received or disbursed under this Agreement in an amount
equal to or greater than the maximum amount of cash
held at any one time. CITY shall be a primary
additional insured on all insurance policies and there
shall be no exclusions in such policies to override the
CITY coverage.
c) Current liability insurance shall be rated by A.M.
Bests as to "A" Classification and "V" as to financial
size.
Compliance with the foregoing requirements shall not relieve the
CONTRACTOR of its liability and obligations under this section or
under any other section of this Agreement.
2.5 LEVEL OF SERVICE
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Should start-up time for a program be required or any
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delays in service occur, the Department of Community
Development is to be notified in writing immediately,
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giving all pertinent details and indicating when service
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shall begin and/or continue. It is understood and agreed
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that the level of services, activities, and expenditure s'by
the CONTRACTOR, in existence prior to the initiation of
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services hereunder, shall be continued and shall not be
reduced in any way as a result of this Agreement. Programs
funded through this Agreement shall not result in the
displacement ofemployed workers, impair existing contracts
for services, or result in the substitutionof funds
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allocated under this Agreement f.or other funds in.
connection with work which would have been performed in thn
absence of this Agreement.
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2.6 RRPORTS, AUDITS AND EVALUATIONS
The CONTRACTOR shall comply with the Federal Directive
required by the U.S. Department of Housing and Urban
Development (USHUD) 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 CVR
Part 570.506, records shall be maintained for each activity
to determine that services benefit low and moderate income
persons.
At the request of. CITY, CONTRACTOR shall transmit to CITY
written statements of CONTRACTOR's official policy on
specified issues relating to CONTRACTOR's activities.
CITY may carry out monitoring and evaluation activities,
including visits and observations by CITY staff; CONTRACTOR
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 any time thereafter.
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ARTICLE III
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COMPENSATION
A. CITY shall pay CONTRACTOR, as maximum compensation, for
the services required pursuant to Article II hereof,
$30 000$-00.
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B. CITY -shall have the right to review and audit the time
records and related records of CONTRACTOR pertaining ,to
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any payments by CITY.
A. All payments shall be reimbursements for expenditures
incurred only during the term of this Agreement, and in
compliance with the previously approved Vine -Item
Budget. Such written request shall contain a stateme
declaring and affirming that all expenditures were made
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in accordance with the approved budget, All
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3.3 FINANCIAL ACCOUN_TABILtTY
CITY reserves the right to audit the records of CONTRACTOR
at any time during the performance of this Agreement and for
;. a period of three years after final payment is made under
this Agreement. CONTRACTOR agrees to provide all financial
and other applicable records and documentation of services
to CITY. Any payment theretofore made shall be subject to
reduction for amounts included in the related invoice which
are found by CITY, on the basis of such audit, not to
constitute allowable expenditures. Any payments made to
CONTRACTOR are subject to reduction for overpayments on
previously submitted invoices.
3.4 RECAPTURE OF FUNDS
CITY shall reserve the right to recapture funds when the
CONTRACTOR
shall fail
(i) to
comply with
the terms
of this
Agreement
or (ii) to
accept
conditions
imposed by
CITY at
the direction of the federal, state and local agencies.
3.5 CONTINGENCY CLAUSE
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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
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funds or authorization, reduction of funds, and/or change in
regulations.
ARTICLE IV
4.1 INDEMNIFICATION
CONTRACTOR, shall pay on behalf of, and save CITY harmless
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from and against any and all claims, liabilities, losse,'s,
and causes of action which may arise out of CONTRACTOR
activities under this Agreement, including all other acts or
omissions to act on the part of CONTRACTOR, including any
person acting for or on its behalf; from and against any
relevant orders, judgments, or decrees which may be entered
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against the CITYt and from and against all costs, sttorney"s
fees, expenses, and liabilities incurred by the CITY in the
defense of any such claims or in the investigation thereof.
4.2 AMENDMENTS
No amendments 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 CONTRACTOR under this Agreement
shall be
delivered
to CITY
by said
CONTRACTOR
upon
completion
of the
services
required
pursuant to
this
Agreement and shall become the property of CITY, without
restriction or limitation on its use. CONTRACTOR agrees
that all documents maintained and generated pursuant to this
contractual relationship between CITY and CONTRACTOR shall
be subject to all provisions of the Public Records Law,
Chapter 119, Florida Statutes.
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It is further understood by and between the parties that
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documents or thing which is given by CITY to CONTRACTOR
pursuant to this Agreement shall at all times remain
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property - of CITY" and shall not be used by CONTRACTOR ,for
any
other purposes whatsoever without the written consent
of
CITY.
4.4 AWARD OF AGREEMENT
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CONTRACTOR warrants that it has not employed or retained
any
personemployed by the CITY to solicit or secure
this
Agreement and that ithas not offered to pay, paid,'
or
agreed to pay; any person employed by the CITY .any
fee,
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commission percentage, brokerage fee, or gift of any
kind
contingent upon or resulting from the award of
this
Agreement,
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4.5 NON-DELEGABILITY
The obligations undertaken by the CONTRACTOR pursuant to this
Agreement shall not be delegated or assigned to any other
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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 to
the laws of the State of Florida.
4.7 OBLIGATION TO RENEW
Upon expiration of the term of this Agreement, CONTRACTOR
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
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time prior. to the completion of the services required
pursuant to this Agreement without penalty to CITY. In that
event, notice of termination of this Agreement shall be in
writing to CONTRACTOR, who shall be paid for those services
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performed prior to the date of its receipt of the notice .of
- termination. In no case, however, shall CITY pay CONTRACTOR
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an amount in excess of the total sum- provided by. this
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Agreement.
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It is hereby understood by and between CITY and CONTRACTOR
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CONTRACTOR shall be made only if said CONTRACTOR is not, in
a default under the terms of this Agreement. If CONTRACTOR is
in default, then CITY shall in no way be obligated and shall
not pay to CONTRACTOR any sum whatsoever.
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4.9 GENERAL CONDITIONS
A. All notices or other communications which shall or may
be given pursuant to this Agreement shall be in writing
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and shall be delivered by personal service, or by
registered mail addressed to the other 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 CONTRACTOR
3500 Pan American Drive Haitian Task Force, Inc. (HTF)
j Miami, Florida 33133 5925-27 N.E. Second Avenue,
i Mezzanine
j Miami, Florida 33137
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-_ B. Title and paragraph headings are for convenient
reference and are not a part of this Agreement.
C . In the event of conf lict between the terms of this
Agreement and any terms or conditions contained in any
attached documents, the terms in this Agreement shall
control.
D. No waiver or breach of any provision of this 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, sentences, words or
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phrases contained in this Agreement be determined by.a
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court of competent jurisdiction to be invalid, illegal
or otherwise unenforceable 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
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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
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effect!
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4.10 INDEPENDENT CONTRACTOR
CONTRACTOR and its employees and agents shall be deemed to
be independent contractors and not agents or employees of
CITY, and shall not attain any rights or benefits under the
Civil Service or Pension Ordinances of CITY or any rights
generally afforded classified or unclassified employees;
further, they shall not be deemed entitled to the Florida
Workers' Compensation benefits as an employee of CITY.
4.11 SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the parties herein,
their heirs, executors, legal representatives, successors,
and assigns.
ARTICLE V
5.1 CONTRACTOR CERTIFICATIONS
CONTRACTOR certifies that:
It possesses the legal authority to enter into this
Agreement by way of a resolution, motion, or similar action
that has been duly adopted or passed as an official act of
CONTRACTOR's governing body, authorizing the execution of
the Agreement, including all understandings and assurances
contained herein, and directing and authorizing the person
identified as the official representative of the CONTRACTOR
to act in connection with the Agreement and to provide such
additional information as may be required.
IN WITNESS WHEREOF, the parties hereto have caused this
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instrument to be executed by the respective officials thereunto
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duly authorized on the first date above written.
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CITY OF MIAMI, a municipal
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Corporation of the State of
Florida
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ATTEST:
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By
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MATT MIIAAI OUI
CE$AR H. Ci
CITY CLERK CITY MANAGER
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(SEAL)
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
APPROVED AS TO INSURANCE REQUIREMENTS:
SEGUNDO PEREZ
INSURANCE MANAGER
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CITY OF*
MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM CAW
to: Honorable Mayor and Members bAte �r
of the City Commission Ja�(,/4:. 1991 . FILE .
SUBJECT ; Haitian 'Task Force, Inc. -
Mint-UDAG Allocation
FRom : Cesar H. 0 d i o REFERENCES
City Manager
ENCLOSURES;
RECOMMENDATION:
It is respectfully recommended that the City Commission Adopt the
attached Resolution authorizing the City Manager to execute the
attached contract with the Haitian Task Force, Inc. in the amount
of $30,000 from the Mini-UDAG Program, for the acquisition of
property and expansion of the Caribbean Marketplace.
BACKGROUND:
The Department of Community Development (DCD) has analyzed the
need to enter into contract with the Haitian Task Force, Inc. for
a one (1) year period and allocate funds not to exceed $30,000 to
assist in the expansion of the Caribbean Marketplace.
The Haitian Task Force, Inc. a community based organization (CBO)
has been the City's primary economic force in the Edison/Little
River target area in developing and implementing its objectives
as it relates to community development and neighborhood. -
The Haitian Task Force, Inc. has been awarded a grant from the
Department of Health and Human Services in the amount of
$472,000. This grant will enable the Haitian Task Force "to
acquire property which is located directly across the street from
the Caribbean Marketplace to be utilized as additional parking`
for the market. In addition, said funds will be utilized to
expand the Marketplace, thereby providing additional consumer
and/or entrepreneurial opportunities.
There are approximately pp tel y twenty-eight (28) businesses presently
operating in the Caribbean Marketplace. More than ninety-five
percent (95%) of those businesses are owned by Haitian »
Entrepreneurs. Also, all of the aforementioned businesses employ
low and moderate income persons from the target area. 11, tall