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
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PASSED AND ADOPTED this 26th day of July
19906
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RAVIER L SUARE—
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CITY CLERK
COMMUNITY DEVELOPMENT REVIEW AND APPROVAL:
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FRANK C TANED , DIRECTOR
DEPARTMENT OF COMMUNITY DEVELOPMENT -
FINANCE DEPARTMENT REVIEW AND APPROVAL:
CAR OS GARCIA. DIRECTOR
DEPARTMENT OF FINANCE ,
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BUDGETARY REVIEW AND APPROVAL:
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MANOHA SURANA, DIRECTOR
DEPARTWNT OF BUDGET
PREPAREDf AND APPROVED BY:
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ALBE'RTINE B. SMITH
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS: j
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CITY OF
MIAMI, FLORIDA
COMMUNITY BASED ORGANIZATION
(CEO)
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THIS AGREEMENT, entered
into this
day of
► '
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State of Florida, (hereinafter referred to as the "CITY"), and
iVKVOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION, INC. (NCXDC),
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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..
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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:
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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:
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�14 IVCorporate Resolution authorizing execution of this
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Agreement.
1 .2 ✓Work Program (approved by the CITY) .
1 .3 ✓Budget Summary, to include: completion of CONTRACTOR'$
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Program/Line-Item Budget/Expenditure Justification, Total
Actual and Projected Funds Disclosure, and Staff Salaries
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Schedule (on forme supplied by the CITY); budget for
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program -generated revenues; copies of all subcontracts
and/or management services agreements funded in whole or in
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part under this agreement.
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1`.4✓Certifieate of Insurante which reflects CONTIACT#1i1" 9
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current liability insurance, naming the CITY as primary or
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additional insured as determined by the Law Department of
the CITY; current Workers' Compensation insurance; current
FidelityBond (applicable for all
pp persons who are
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authorized to receive and disburse funds under this
Agreement); and other coverage as deemed necessary, if
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applicable (i.e. automobile insurance).
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1.5y/CONTRACTOR's Corporate Seal (to be affixed to Signatory
Page, and Corporate Resolution).
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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
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numbers).
�1.8 ✓List of Key Staff Persons, with their titles, who ` will
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carry out this program.
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1.9✓/Completion of Authorized Representative Statement.
I.10 / Completion of Statement of Accounting System.
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.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.
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1 13= Job Description and Resumes for all positions funded in
whole or in part under this Agreement.
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1.14 Acceptance of Office of Management and Budget (OMB)
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Circular A-110, Attachments "A", (Cash Depositaries)',
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"R" (Bonding and Insurance), "C" (Retention sad Custodial
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Requirements for Records), "F" (Standards for Financial
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Management Systems), "H" (Monitoring and Reporting Progress
Performance), "N" (Property Management Standards), and
"0" (Procurement Standards).
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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
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-16cognited Indian Tribal Governments".
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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
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Agreement:
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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.
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CONTRACTORS receiving monies from the Department of
Community Development must allocate in their budgets
sufficient funds to secure an annual independent audit
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which must include the expression of an opinion on the
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Contractor's financial statements, and a compliance
letter stating whether the CONTRACTOR is in conformity
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with federal grant regulations (Office of Management
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and Budget Circular A-110).
g Said audit must be
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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
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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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purposes.
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ARTICLE It
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2.1
TIMR .01 > 1E ORMANCL
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The term of this Agreement shall be from J, u1Z 1 j.y1, to-
baeethbe_t
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2.2
CITY
_AUTRORI2ATION
For the, purpose of this Agreement, the City of Miami . _
Department of Community Development (her einaf ter the
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"DEPARTMENT") will act on behalf of the CITY in the fiscal
control, programmatic monitoring, and modification of this.
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Agreement, except as otherwise provided by this Agreement.
2.3
OBLIGATION OF CONTRACTOR
The CONTRACTOR shall carry out the services as prescribed
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in its Work Program (Attachment I), which is attached and
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incorporated herein and made a part of this Agreement, in a
lawful, and proper manner, satisfactory to the CITY, in
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accordance with the written policies, procedures, and
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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
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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
operations of the CONTRACTOR.
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2.4
BONDING AND INSURANCE
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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 _
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certificates of insurance and bonding Indicating. that thm.
CONTRACTOR is in c.oa►pliance with the provisions of this
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article.
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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.
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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.
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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
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the services required
q pursuant to Article LI hereof,
$25,000.00.
B . CITY shall have the right to review and audit the time
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records and related records of CONTRACTOR pertaining -to,
any payments by CITY.
A. All payments shall be reimbursements for expenditures
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incurred only during the term of this Agreement, and in
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compliance with the previously approved Li to-lt,ex
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Budget. Such written request shall contain a statement
declaring and affirming that all expenditures were mmd
in accordance with the apprOVO4 budget. At1,
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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
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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
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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
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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
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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
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are forfeited and the CITY shall not honor any roquest
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submitted after the aforesaid agreed upon period..
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Any payment due under this Agreement may be withbeld
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pending the receipt and approval by the CITY of all
reports due from the CONTRACTOR as a part- of this
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contract and any modifications thereto,
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LINAN_OIAL.._ACCO1UNTA8I!JTX
CITY reserves the right to audit the records of CONTRACTOR
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At any time during the perforimance of this Agreement and for
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a period of three years after final payment is made under
this Agreement. CONTRACTOR agrees to provide all financial
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and other applicable records and documentation of servicesr
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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
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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
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funds or authorization, reduction of funds, and/or change in
regulations.
ARTICLE IV
4.1
INDEMNIFICATION
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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
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omissions to act on the part of CONTRACTOR, including any
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person acting for or on its behalf; from and against any
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relevant orders, judgments, or decrees which may be entered r
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against the CITY; and from and against all costs, attotney's
fees, expenses, and liabilities incurred by the CITY in the
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defense of- any such claims or in the investigation thereof
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4.2 AMENUMEN'I_S
No amendments to this Agreement shall be binding on either
party unless in writing and signed by both parties.
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4.3 OWNERSHIP OF DOCUMENTS
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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
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documents or thing which is given by CITY to CONTRACTOR
pursuant to this Agreement shall at all times remain the
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property of CITY and shall not be used by CONTRACTOR for any
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other purposes whatsoever without the written consent of
CITY.
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4.4 AWARD OF AGREEMENT
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CONTRACTOR warrants that it has not employed or. retained 44y
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person employed by the CITY to solicit or secure - this
Agreement and that it has not offered to pay, paid,; or
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agreed to pay any person employed by the CITY any fcc
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commission percentage, brokerage f ea, or gift of any ki.cd
contingent upon or resulting from the award of this
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Agreement.
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The obligatimia undertaken by the CONTRACTOR pursuant
to this
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Agreement shall not be delegated or assigned
to any other
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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.
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4.6 CONSTRUCTION OF AGREEMENT
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This Agreement shall be construed and enforced
according to
the laws of the State of Florida.
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4.7 OBLIGATION TO RENEW
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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
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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
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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
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
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CONTRACTOR shall be made only if said CONTRACTOR is not in
default under the terms of this Agreement. If CONTRACTOR #s
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in default, then CITY shall in no way be obligated and shell
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not pay to CONTRACTOR any sum whatsoever.
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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
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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
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either event, the remaining tests and provisions of this
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Agreement shall remain unmodified and in full force and
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effect.
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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
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Civil Service or Pension Ordinances of CITY or any rights
generally afforded classified or unclassified employees;
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further, they shall not be deemed entitled to the Florida
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Workers' Compensation benefits as an employee of CITY.
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4.11
SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the parties herein,
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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
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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
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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 thereunta
duly
authorized on the first date above written.$
CITY OF MIAMI, a municipal
Corporation of the State of.
Florida
ATTEST:'!`
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By
MATTY
HIRAI CESAR H. OAIO _
CITY
CLERK CITY MANAGER
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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.
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APPROVED AS TO INSURANCE REQUIREMENTS:
INSURANCE MANAGEMENT
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
5102/90/gjd
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CORPORAft RISOLOTtON
WHEREAS, Wynwood Community Economic Development Corporation
desires to enter into an agreement with the City of Miami; and
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WHEREAS, the Board
of Directors at a duly held corporate
meeting has considered the matter in accordance with the By -Laws
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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
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BOARD OF DIRECTORS CHAIRPUSUIN
SECRETARY
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(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:
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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.
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BACKGROUND:
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The Department of Community Development (DCD) has analyzed the
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need to enter into contract with Wynwood Community Economic
Development Corporation, Inc., a Community Based Organization
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(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..
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The City's objective in funding the CBOs is to provide an
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opportunity for neighborhood economic oriented groups to
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coordinate the City's economic devell-,.ment efforts at the -
neighborhood level. This involves promoting the redevelopment
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and revitalization of Commercial/Industrial activity in targeted`:
low and moderate income neighborhoods and thereby stimulate
investment activities.
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The CBOs also provide neighborhood outreach services to the local
business community. These services include, but are not limited
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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
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assistance and/or opportunities.
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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
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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.`
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