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HomeMy WebLinkAboutR-90-05693-90-626 6/27/90 RESOLUTION NO. 90 - 569 • A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING` THE CITY MANAGER TO EXECUTE AN INDIVIDUAL CONTRACTUAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION, INC. (WCEDC), FOR THE AMOUNT OF $25,000, TO CONTINUE IMPLEMENTING ECONOMIC DEVELOPMENT PROGRAMS, WITH FUNDS BEING ALLOCATED THEREFOR FROM THE SIXTEENTH (16TH) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT. 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 City Commission is desirous of continuing the neighborhood economic development program and funds are available from the Sixteenth (16th) Year Community Development Block Grant for such a purpose; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section I. The City Manager is hereby authorized to execute .a contractual agreement in substantially the attached form, with the following neighborhood development agency, for the amount and contract period specified, for the purpose of implementing a Neighborhood Economic Development Program subject to approval of the agency's work program by the U.S. Department of Housing (HUD), with funds hereby allocated therefor from the Sixteenth (16th) Year. Community Development Block Grant: CBO I. Wynwood Community Economic Development Corporation, Inc. CONTRACT AMOUNT PERIOD $25,000 6 Mo. (Probationary Period) Section 2. This Resolution shall become effective t � +Xf ez f'Y iy PASSED AND ADOPTED this 26th day of July 19906 r..�k RAVIER L SUARE— M #�R y_ K; CITY CLERK COMMUNITY DEVELOPMENT REVIEW AND APPROVAL: t FRANK C TANED , DIRECTOR DEPARTMENT OF COMMUNITY DEVELOPMENT - FINANCE DEPARTMENT REVIEW AND APPROVAL: CAR OS GARCIA. DIRECTOR DEPARTMENT OF FINANCE , V BUDGETARY REVIEW AND APPROVAL: e. - , I L.O-, MANOHA SURANA, DIRECTOR DEPARTWNT OF BUDGET PREPAREDf AND APPROVED BY: d L I • A ALBE'RTINE B. SMITH CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: j .. ... fig. 1 P, rt } f 777 r " �." ' q q CITY OF MIAMI, FLORIDA COMMUNITY BASED ORGANIZATION (CEO) =` THIS AGREEMENT, entered into this day of ► ' ....... 14 , between the City of Miami, a municipal corporation of the State of Florida, (hereinafter referred to as the "CITY"), and iVKVOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION, INC. (NCXDC), rt' a Florida not for profit corporation, (hereinafter referred to as the "CONTRACTOR"). FUNDING SOURCE: /(9` i QAIQ, 1=Jb .18_ G. FU11 b� TERM OF THE AGREEMENT: JUL- / , ! gq O to � � • _ 3 / 1"_0.. T AMOUNT: $ o�J�i Cicli) VENDOR NUMBER: TAIL IDENTIFICATION NO.: EXECUTIVE DIRECTOR &) r II 1 A ►u R os ADDRESS: o�c �5r . J� Q e i TELEPHONE NO.: NOW, THEREFORE, in consideration of the mutual covenants and obligations herein set forth, the parties understand and agree as follows: tr ARTICLE I As a necessary part of this Agreement, the following documents which have been provided by the CONTRACTOR and approved by the CITY are attached: X �14 IVCorporate Resolution authorizing execution of this N Agreement. 1 .2 ✓Work Program (approved by the CITY) . 1 .3 ✓Budget Summary, to include: completion of CONTRACTOR'$ r Program/Line-Item Budget/Expenditure Justification, Total Actual and Projected Funds Disclosure, and Staff Salaries 4 Schedule (on forme supplied by the CITY); budget for y f program -generated revenues; copies of all subcontracts and/or management services agreements funded in whole or in fF part under this agreement. pry^ V 0- 569 .F iy ti 1`.4✓Certifieate of Insurante which reflects CONTIACT#1i1" 9 i t 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 FidelityBond (applicable for all pp persons who are tr �- authorized to receive and disburse funds under this Agreement); and other coverage as deemed necessary, if - applicable (i.e. automobile insurance). y' 1.5y/CONTRACTOR's Corporate Seal (to be affixed to Signatory Page, and Corporate Resolution). .j 1.6t/ Co py of CONTRACTOR's Articles of Incorporation, Charter and Bylaws. 1.7V/List of Present Principal Governing Board Officers and Members of the Board (names, addresses and telephone F - numbers). �1.8 ✓List of Key Staff Persons, with their titles, who ` will F- carry out this program. _ 1.9✓/Completion of Authorized Representative Statement. I.10 / Completion of Statement of Accounting System. =.E .11 A letter from an independent Certified Public Accountant which expresses the opinion that the CONTRACTOR's internal controls are adequate to safeguard the organizatian's assets. -1.112j/ Corporate Personnel Policies and Procedures. " 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) ryr Circular A-110, Attachments "A", (Cash Depositaries)', ' "R" (Bonding and Insurance), "C" (Retention sad Custodial l f Requirements for Records), "F" (Standards for Financial U 1� Management Systems), "H" (Monitoring and Reporting Progress Performance), "N" (Property Management Standards), and "0" (Procurement Standards). 5 l r} i 4ow I� r-, u n, y3La Y r 1.15 Acceptance of ADD kogdlations 24 CPR Pert 85 entitled 1lnifortn Ad etniatrative Requirements for grants and Cooperative Agreements to State, Local and Federally I -16cognited Indian Tribal Governments". 4 1.15 Acceptance of Policies and Procedures Manual for Community - based Organizations. 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: -. 4 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. F CONTRACTORS receiving monies from the Department of Community Development must allocate in their budgets sufficient funds to secure an annual independent audit `i which must include the expression of an opinion on the 7 Contractor's financial statements, and a compliance letter stating whether the CONTRACTOR is in conformity , with federal grant regulations (Office of Management -� and Budget Circular A-110). g Said audit must be r submitted no later than sixty (60) days after the expiration of the Community Based Organization 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, including programmatic records and books of =' 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 4 j. the Contractor at least three (3) years for audit R purposes. t;y NEM t� "3 ARTICLE It - 2.1 TIMR .01 > 1E ORMANCL ;R The term of this Agreement shall be from J, u1Z 1 j.y1, to- baeethbe_t M1 2.2 CITY _AUTRORI2ATION For the, purpose of this Agreement, the City of Miami . _ Department of Community Development (her einaf ter the f' ti "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 a' 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 -' requirements as prescribed in this Agreement, as set forth by the United States Secretary of Treasury and the City of Miami Department of Community Development.�s Contractor is aware and accepts the Policies and Procedures t, r Manual for Community Based Organizations as the official.; document which outlines the fiscal, administrative and t Federal guidelines and which shall regulate the day-to-day operations of the CONTRACTOR. x 2.4 BONDING AND INSURANCE , CONTRACTOR shall maintain insurance and bonding coverages,", acceptable to the CITY's Insurance Management Division of the Law Department. Prior to commencing any activity unJ,ar-. this Agreement, the CONTRACTOR shall furnish to tbs,_.CIT _ tz certificates of insurance and bonding Indicating. that thm. CONTRACTOR is in c.oa►pliance with the provisions of this � a r1 r � article. b kje' d •� vf.. w o- r. r � . 11 CONTRACTOR shall provide the following coverages: a) Insurance coverage that reflects sound bu a i ties a practices acceptable to the CtTY's Insurance management Division of the Law Department, b) Fidelity bonding f o r 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. ij_ Best-s as to "A" Classification and 'IV" 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. '4_ 2.5 LEVEL OF SERVICE Should start-up time for a program be required or any delays in service occur, the Department of Community Development is to be notified in writing immediately, giving all pertinent details and indicating when service shall begin and/or continue. It Is understood and agreed is that the level of services, activities, and expenditures by the CONTRACTOR, in existence prior to the initiation of 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 of employed workers, impair existing contracts for services, or result in the substitution of funds allocated under this Agreement for other funds in connection with work which would have been performed in the.kj absence of this Agreement. 2�SM L � S 2.6 1 WdII•e_—ARRITS_...AND...EVALq TA t0,NS The CONTRACTOR shall comply with the Federal Directive required by the U.S. Department of Housing and Urban Development (VSAUD) to document that program activities are provided for the benefit of low to moderate income persons-6 In accordance with the Code of federal Regulations 24 CPR Part 570.506, records shall be maintained for each activity 4 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. ARTICLE III 5.1 COMPENSATION A. CLTY shall pay CONTRACTOR, as maximum compensation for v the services required q pursuant to Article LI hereof, $25,000.00. B . CITY shall have the right to review and audit the time v records and related records of CONTRACTOR pertaining -to, any payments by CITY. A. All payments shall be reimbursements for expenditures -; incurred only during the term of this Agreement, and in 5 compliance with the previously approved Li to-lt,ex s r �ik _q 3 7�i 1 Budget. Such written request shall contain a statement declaring and affirming that all expenditures were mmd in accordance with the apprOVO4 budget. At1, F 8. C. D. . v Y 1 rp 1 F doeumentattott in support of such request shall be subject to approval by CITY at the time the request is made and all invoices are required to be paid by µa CONTRACTOR prior to submission. All reimburseme6ts must be in lime -item form and be in accord with this Agreement. All expenditures must be verified by original invoice with a copy of the check which was used to pay that specific invoice. Within 60 days of r.� submitting reimbursement request, copies of the cancelled checks shall be submitted. In the event that an invoice is paid by various funding sources, a copy of the invoice may be submitted but must indicate the exact amount paid by various funding sources equaling the total of the invoice. No miscellaneous categories shall be accepted as a line item in the budget. Request for line --item changes are allowable, with prior review and approval by the CITY. All line -item changes must be made prior to the end of the term of the agreement. Requests for payment should be made at least on a monthly basis. Reimbursement requests should be submitted to the CITY within thirty (30) calendar days S after the indebtedness has been incurred. Failure to comply may result in the rejection for repayment of those invoices within the reimbursement package which do not meet this requirement. CONTRACTOR must submit the final request for payment to } the CITY within 30 calendar days following the expiration date or termination date of this Agreement. If the CONTRACTOR fails to comply, all rights to payment �p are forfeited and the CITY shall not honor any roquest x submitted after the aforesaid agreed upon period.. 7 j Any payment due under this Agreement may be withbeld r pending the receipt and approval by the CITY of all reports due from the CONTRACTOR as a part- of this �e contract and any modifications thereto, st5+w fi iqqqxxx •ai ��7{r�' IR af, Y,. [i 3..3 LINAN_OIAL.._ACCO1UNTA8I!JTX CITY reserves the right to audit the records of CONTRACTOR ' At any time during the perforimance of this Agreement and for - a period of three years after final payment is made under this Agreement. CONTRACTOR agrees to provide all financial s and other applicable records and documentation of servicesr r� { v 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 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 'N L ` funds or authorization, reduction of funds, and/or change in regulations. ARTICLE IV 4.1 INDEMNIFICATION r CONTRACTOR shall indemnify, defend and save CITY harmless from and against any and all claims, liabilities, losses,` and causes of action which may arise out of CONTRACTOR's activities under this Agreement, including all other acts qr a w omissions to act on the part of CONTRACTOR, including any ;fig x person acting for or on its behalf; from and against any V Ybj' relevant orders, judgments, or decrees which may be entered r , e against the CITY; and from and against all costs, attotney's fees, expenses, and liabilities incurred by the CITY in the v defense of- any such claims or in the investigation thereof k_ 4.2 AMENUMEN'I_S No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. L` 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. It is further understood by and between the parties that any ' documents or thing which is given by CITY to CONTRACTOR pursuant to this Agreement shall at all times remain the �f property of CITY and shall not be used by CONTRACTOR for any g( other purposes whatsoever without the written consent of CITY. P- 4.4 AWARD OF AGREEMENT x CONTRACTOR warrants that it has not employed or. retained 44y ` person employed by the CITY to solicit or secure - this Agreement and that it has not offered to pay, paid,; or 2 agreed to pay any person employed by the CITY any fcc x- commission percentage, brokerage f ea, or gift of any ki.cd contingent upon or resulting from the award of this } Agreement. } t 9 ..::.-..,. ««.,.,� ,i,,..-,-,v,•,+*+++*....� .*..e.-+ems—..,-nv--»,,,. -., _::. _e..-raro.»: -. t ✓ iaa. ,r C � 3i 3yi e 4.5 t4CV,,bgLXGARiI1T_j The obligatimia undertaken by the CONTRACTOR pursuant to this •T Agreement shall not be delegated or assigned to any other fr person or fire unless CITY shall first consent in writing to the perforiaanee or assignment of such services or any part try thereof by another person or firm. r +s s 4.6 CONSTRUCTION OF AGREEMENT k This Agreement shall be construed and enforced according to the laws of the State of Florida. ;1 4.7 OBLIGATION TO RENEW .s Upon expiration of the term of this Agreement, CONTRACTOR agrees and understands that CITY has no obligation to renew j this Agreement. 4.8 TERMINATION OF CONTRACT 3_ CITY retains the right to terminate this Agreement at any 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 t writing to CONTRACTOR, who shall be paid for those services 'K,4 performed prior to the date of its receipt of the notice of termination. In no case, however, shall CITY pay CONTRACTOR an amount in excess of the total sum provided by :.this Agreement. It is hereby understood by and between CITY and CONTRACTOR' that any payment made in accordance with this Section -to vR c CONTRACTOR shall be made only if said CONTRACTOR is not in default under the terms of this Agreement. If CONTRACTOR #s i in default, then CITY shall in no way be obligated and shell f A� not pay to CONTRACTOR any sum whatsoever. „ �4s �wt5k t 1 Nr yyf�4 4,'r 10 4.9 OENIRAL CQNDITWNS 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 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 3300 Pan American Drive Wynwood Community Economic Miami, Florida 33133 Development Corporation Inc. 225 N.E. 34th Street Miami, Florida 33137 B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. C. In the event of conflict 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 J shall constitute a waiver of any subsequent breach of the same or any otfi er provision hereof, and no waiver shall be effective unless made in writing. E. Should any provisions, paragraphs, sentences, words or phrases contained in this Agreement be determined by a 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 such laws, then same shall be deemed severable, and in fl; either event, the remaining tests and provisions of this 4 4 Agreement shall remain unmodified and in full force and 4 j .s effect. Y h � l H. ntC", zy CONTRACTOR and its employees and agents shall be deeeked to be independent contractors and not agents or employees of CITY, and shall not attain any rights or benefits under the v Civil Service or Pension Ordinances of CITY or any rights generally afforded classified or unclassified employees; r further, they shall not be deemed entitled to the Florida Y� ti Workers' Compensation benefits as an employee of CITY. 'r 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 act4 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 a additional information as may be required. IN WITNESS WHEREOF, the parties hereto have caused this zx b t ;y jp instrument to be executed by the respective officials thereunta duly authorized on the first date above written.$ CITY OF MIAMI, a municipal Corporation of the State of. Florida ATTEST:'!` i�, YES jd{ji} 3 By MATTY HIRAI CESAR H. OAIO _ CITY CLERK CITY MANAGER 12 ks COR ORATE SECRETA CONTRACTOK: Wyhwood Cotfiftutil ty tttoaoti e Development Cotporation Chet 225 N.E6 34t1h Street Miami, Florida 33137 ;- PRESI NT (SEAL) I (>Fi�- �Q' -� in consideration of the City of Miami's execution of the foregoing Agreement, the undersigned, guarantee the performance of the terms and conditions in said Agreement required to be performed by the CONTRACTOR including but not limited to the provisions relating to default, assurances, and certifications. 1%..♦ d w1..1- ,1-- -C APPROVED AS TO INSURANCE REQUIREMENTS: INSURANCE MANAGEMENT APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY 5102/90/gjd - 13 I 11 CORPORAft RISOLOTtON WHEREAS, Wynwood Community Economic Development Corporation desires to enter into an agreement with the City of Miami; and iti WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the By -Laws rf of the corporations; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that the president, and 'secretary are hereby authorized and instructed to enter into a contract in the name and on behalf of this. corporation with the City of Miami upon the terns contained in the proposed contract to which this resolution is attached* At DATED this 14h 90 day of May 19-. dr And R dr i ez Jn BOARD OF DIRECTORS CHAIRPUSUIN SECRETARY 6 _4 (CORPORATE SEAL) CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM To: Honorable Mayor and Members of the City Commission FROM: Cesar H. Odi City Manager DATE : JUL 18 1990 FILE SUBJECT: Agreement with Wynwood Community Economic Development Corporation, Inc. from July 1, 1990 to REFERENCES :December 31, 1990. ENCLOSURES: r� i RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached Resolution authorizing the City Manager to execute an k individual contract with Wynwood Community Economic Development Corporation, Inc., from July 1, 1990 through December 31, 1990, to be funded from the Sixteenth (16th) Year Community Development Block Grant Funds. � 6 �i BACKGROUND: -i The Department of Community Development (DCD) has analyzed the _i 71 need to enter into contract with Wynwood Community Economic Development Corporation, Inc., a Community Based Organization ' (CBO) for contract period beginning July 1, 1990 through December 31, 1990. The Community Based Organizations (CEOs) have been the City's primary outreach vehicle to assist the different communities in developing their economic development programs and/or projects.. S}y The City's objective in funding the CBOs is to provide an r. - i opportunity for neighborhood economic oriented groups to - coordinate the City's economic devell-,.ment efforts at the - neighborhood level. This involves promoting the redevelopment u and revitalization of Commercial/Industrial activity in targeted`: low and moderate income neighborhoods and thereby stimulate investment activities. r The CBOs also provide neighborhood outreach services to the local business community. These services include, but are not limited x to, the formation and/or strengthening of a merchants association, business recruitment, target area promotion, referral service to other federal and county programs that are aimed at economic revitalization, and business retout; ioa 1 assistance and/or opportunities. a� r }� 90 $ 44� r a Yu - r 41_ Honorable Mayor and Members' of the City Commission_ Page 2 During the last contract period, the CBOs received Community '- Devielopmant Corporation (CDC) training and project assistanop- Several CBOs also participated in the Citywide Commercial Facade ' Program to provide exterior facade improvements to businesses within the neighborhood target areas. Based on contract performance, periodic monitoring and previous evaluation, it is recommended that Wynwood Community Economic - Development Corporation, Inc. be funded for the contract period and 'the amount specified:_ CONTRACT CBO AMOUNT PERIOD - 1. Wynwood Community Economic $25,000 6 Mo.(Probationary Development Corporation, Inc. Period) Funding of the above organization is subject to approval of the :work. program by the U.S. Department of Housing (HUD) to assure compliance with federal mandated guidelines.` !$j d <� sj H ,a 1 ri kt h, o tj y r L B L e . Yt t r �