HomeMy WebLinkAboutR-90-0585k
�
f
IF 4,
J-90-523
6/7/90/'�
a
u
VOA'V
RESOLUTION No.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, WITH MIAMI CAPITAL
DEVELOPMENT INC. (MCDI) WHICH PROVIDES:'
$690,000 TO INCREASE THE EXISTING REVOLVING
LOAN FUND (RLF); AND PROVIDING $250,000 FOR
THE ADMINISTRATIVE OPERATIONS OF MIAMI
CAPITAL DEVELOPMENT, INC. FOR THE PERIOD OF
JULY 1, 1990, TO JUNE 30, 1991, FROM THE
SIXTEENTH (16TH) YEAR COMMUNITY DEVELOPMENT
BLOCKGRANT FUND; FURTHER REALLOCATING
.'
$83,500 FROM ITS IMPORT/EXPORT REVOLVING LOAN
PROGRAM, TO THE REVOLVING LOAN FUND PROGRAM.
WHEREAS, the City Commission is committed to economic
development and the expansion of trade and commerce; and
WHEREAS, on April 12, 1990, the City Commission approved
Resolution No. 90-300 which included an allocation to Miami
Capital Development, Inc. of $690,000 to increase the existing
Revolving Loan Fund and $250,000 for the administration of Miami
Capital Development, Inc. from the Sixteenth (16th) Year
Community Development Block Grant Program; and
WHEREAS, $83,500 previously appropriated for the
Import/Export Revolving Loan Program will be reprogrammed to
Miami Capital Development, Inc.'s regular Revolving Loan Fund
Program; and
WHEREAS, the reallocation of funds from the Import/Export
pool will provide a total of $773,500 available for Miami Capital
Development, Inc.'s. Sixteenth (16th) Year Revolving Loan Fund
Program;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY y:
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the ;.
Preamble to this Resolution are hereby adopted by reference ;ky
thereto and incorporated herein as if fully set forth in this rt
Section. `
CITY C.C�►MMt��ICiN
Nama OF
A
''
77%
k
3aetion 2. The City► Manager
is hereby authorized
to enter
5
Into a contract, in a form
acceptable to the City Attorney,
with
Miatii Capital AmVelopment,
Inc. (MCDI) which provides
$7730500
for its Revolving Loan Fund
program and provide $250,000
for the
administrative opetatinna of Miami Capital Development,
Inc. for
ihp period of July 1, 1990,
to June 30, 1991.
fi
Section 3. The City Manager is hereby authorized to
4
transf dr $250,000 to Miami Capital Development, Inc. from the
Sixteenth (16th) Year Community Development Block Grant Program
for administration.
r=
Section 4., The City Manager is hereby authorized to
transfer $690,000 from the Sixteenth (16th) Year Community
Development Block Grant Fund for Miami Capital Development,
Inc.'s Revolving Loan Fund Program.
Section 5. The City Manager is hereby authorized
to re -allocate $83,500 from Miami Capital Development, Inc.'s
Import/Export Loan Fund to its Revolving Loan Fund Program.
Section 6. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 26th day of July 1990.
XAVIER L. UAREZ, MAYOR
CITY CLERK
3E ENT REVIEW AND APPROVAL:
FRANK CASTANEDA, D RECTOR
DEPARTMENT OF COMMUNITY DEVELOPMENT
PREPARED AND APPROVED BY:
ALBERTINE B. SMITH
CHIEF ASSISTANT CITY ATTORNEY
f�
d �
Own, �
4 L
�1
3
;•.
A �ivED
A$ To FORM AND C61MCM88:
JOPtG i
F A DE
CITY ATTOIt EY
ItIDOETARY REMW AND APPROVAL:
MANORA
3URAN,ADIRECTOR
DEPART
NT OF 9UDGET
FINANCE
REVIEW AND APPROVAL:
CARL
ARCIA, DIRECTOR
DEPART
NT OF FINANCE
3 "
1
1
-
4
I
i
t
}
{
X
ar'f-
RECOMMENDATION:
It is respectfully recommended that the City Commission approve
the attached resolution authorising the execution of an 4:
agreement, in a form acceptable by the City Attorney, between
Miami Capital Development, Inc. (MCDI) and the City of Miami for.
the purpose of maintaining its Revolving Loan Fund Program and
continuation of its administrative procedures in accordance with
the terms and conditions set forth therein.
T
{
,Y
BACKGROUND:
E�
The Department of Community Development (DCD) has analysed time
need to execute an agreement with Miami Capital Development, Inc: F
The proposed agreement will be for the period of twelve (12,
months, commencing on July 1, 1990 and terminating on June 10_
1991. F
Miami Capital Development, Inc. (MCDI) a quasi —public Iandia$
Institution, serves as the City's financial - arm to parovide
financial business development loan packaging services,
wanagerialftechulcal assistance to its loan recipients. k?=t
In addition to providing the aforementioned adaiaistrst,
support to minority entrepreneurs. MCDI also a4*1niste rs a yh
Revolving Loan Fund Program which` is used mainly to fill the gapip .�
In the existing financial markets for those entrepreneurs- Mho
have had inadequate access .to credit and business opportumitie+� k.
generally required by private lending institutions.
The Citywide Revolving Loan Fund will be" funded at m loved. of
0773,500 of which 083,500 will come from the Import/9cpog;g
Revolving moan Program, and the administrative fumd will
$250.000. '
Hi
CITY OF MIAMI FISCAL YEAR 1990 - 1991
COMMUNITY DEVELOPMENT CONTRACT
WITH
_ MIAMI CAPITAL DEVELOPMENT, INC.
ADMINISTRATIVE AGREEMENT
AND -
CITY OF MIAMI.BEVOLVING LOAN FUND
-1
L&1 Contract pt ovisions
ARTM09 It
2.1 City Authoritation
2:2 -Obligation of Contractor
2.3 Obligation.of City
2.b Contract Modification
2.5 Non-Delegability
2.6 Board.of Directors
2.7 Compliance With federal, State an
Local Laws
2.8 Successors and Assigns
ARTICLE III
3.1 Work Program Specifications
3.2 Loan Program Specifications
3.3 Marketing of Work Program
ARTICLE IV
4.1 Budget Summary
4.2 Method of Funding
4.3 Program Income
4.4 Reimbursement - Timely Submission
4.5 Bonding and Insurance
4.6 Reports and Evaluations
ARTICLE V
5.1 Equal Opportunity
5.2 Conflict of Interest
5.3 Indemnification
5.4 Level of Service
5.5 Disclosure of Funds
5.6 Purchasing and Inventory
5.7 Final Expenditure Report
5.8 Amendments
5.9 Ownership of Documents
5.10 Award of Agreement
5.11 Leveraging
ARTICLE VI
d
1►AfiN
.r�rrrir.r
�-b
4
4
4
5
5
5 m;
F
5 s�-
y
5 r
6
6
6
6
8
8
8
t'=
10
10 g
10
S^
11 d
I 1
11
13
13
13 }
14
14 ,
� h
t,4
6.1 General Assurances and Cgrtifications 14
6.2 Citizen Participation 15
r�
ARTICLE T11
7.1 Total Funding
7.2 Recnpture of Funds
7.3 Title To Assets
7.4 Default Provisions
k
16 ,
a.
16
17
t
_M1,i Y}A1�Y.
6.1 General Assurances and Cgrtifications 14
6.2 Citizen Participation 15
r�
ARTICLE T11
7.1 Total Funding
7.2 Recnpture of Funds
7.3 Title To Assets
7.4 Default Provisions
k
16 ,
a.
16
17
t
_M1,i Y}A1�Y.
i1"FF•11� se
y�t .:r� 'y � !f. �41i t3 ,fi
r. � Y *F f
y
_
t
i?
z:
11*'ti LI V i l l
Y
to
{
g.1 Tittliniti.6ti Cixune
Availability of Federal
Funds
ARTI LIk It
9.1 General ProvisiOns
4�At
ARTICLS X
20
10.1 Stxnatori ea
y
max:
-Y
f r
try;;
.
�nl
r
a
—
•,,, ,� 3t F#yXtx
•' F.�
��r.`ktiF'-�_ !ti.1lL g..e.-:] RtA^..`bi'��w � aid. ??-„
-
3
-A
—
M1 Of NIANi, PLORM
NtAKt CAPtTA4-.P2VgL0PK9#T # _ INC._ (ACHO
THIS ACREEMINTO entered into by and between the City! of
is
Kiami, a poiiticAl subdivision of the State of Floridto
1
hereinafter referred to as the "CITY", and Miami Capital
Development, tne. hereinafter referred to as "CONTRACTOR", a
corporate body fully organized and existing and by virtue of the
_
lave of the State of Florida as a nonprofit corporation,
this �....___ day of , 1990, for the period
beginning July 1, 1990, and ending June 30, 1991.
ruNDING SOURCE: Community Development Block Grant Funds -
Sixteenth (16th) Year
TERM OF THE AGREEMENT: July 1, 1990 - June 30, 1991
AMOUNT: $250,000/$773,500 VENDOR NUMBER:
TAR IDENTIFICATION NO.:
EXECUTIVE DIRECTOR: 'Mr. Tony Crapp, Sr.
ADDRESS: 300 Biscayne Boulevard Way, Suite 614, Miami.
Florida, 33131
TELEPHONE NO.: 358-1025
In consideration of the covenants and agreements hereinafter set
forth. the parties hereto agree:
ARTICLE I
;
CONTRACT PROVISIONS
As a necessary part of this Agreement. the following documents
Which have been provided by the CONTRACTOR and approved by the
j
CITY are attached:
='
�.1 Corporate Resolution authorizing execution of this
y
Agreement.J
s.
1.2 Work Program (approved by the CITY).
1.3 Budget Summary, to include: completion of CONTRACTOR'S
9
Program/Line-Item Budget/Expenditure Justification, Total
Actual and Projected Funds Disclosure, and Staff Salaries
Schedule (on forms supplied by the CITY); budget for
9
y
Y
�'if:.'fF Wt-r•.,.i,.-.pi <r adF;£� h"t-Y`ir^+ ..ich4un.,. 1
S
progrsrs-senersted revenues,$ copies of all +subeofittatth
and/or managesent 'setvtces agreements funded in whole or id
p art under this 89reeeent.
E
*A.4
Certtflaite of Insurance which reflects CONTRACTOVS
current liability insurance, naming the CITY to prumary or
additional insured as determined by the Law Department of
g
the CITY; current Vorkern' Compensation insurance; current
Fidelity Bond (applicable for all persons who are
t.
authorized to receive and disburse funds under this
Agreement)% and other coverage as deemed necessary, if
applicable (i.e. automobile insurance).
�.5
CONTRACTOR's Corporate Seal (to be affixed to Signatory
Page, and Corporate Resolution).
�.6
Copy of CONTRACTOR's Articles of Incorporation, Charter and
Bylaws.
d1.7
List -of Present Principal Governing Board Officers and
Members of the Board (names, addresses and telephone
numbers).
.8
List of Key Staff Persons, with their titles, who will
y
carry out this program.
111.9
Completion of Authorized Representative Statement.
�,1.10
Completion of Statement of Accounting System.
�1.11
from Certified Public Accountant
A letter an independent
-
which expresses the opinion that the CONTRACTOR's internal
controls are adequate to safeguard the organization's
a°
r
assets*
1.12
Corporate Personnel Policies and Procedures.
J.13
Job Description and Resumes for all positions funded in
awhole
or in part under this Agreement.
.14
Acceptance of Office of Management and Budget (OMS)
'.
Circular A-110, Attachwents "A", (Cash Depositaries);
s
"B" (Bonding and Insurance), "C" (Retention and Custodial
Requirements for Records), "F" (Standards for financial
Pr..
Management Systems), "H" (Monitoring and Reporting Progressfi
_
Performance), 'IN" (Property Management Standards), and
•
N
"0" (Procurement Standards).
'
f
>'S
4
ti
Ul-
Ikt,r Acteptanee of M11b ReAulatiens Z4 CPR Part 83 entitled
"Uhttots AdministtatIve 1@4uttements for Grants and
Cooperative Agreements to State, Local and Federally
Recognized Indian Tribal Covernsrents".
1.16 Acceptance of Policies sod Procedures Manual tot Community
Based Organisations.
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.
A. Certified Independent Audit to be submitted on a
biannual basis, within sixty (60) days after contract
expiration date.
C-ONTRACTORS receiving monies from the Department of
Community Development must allocate in their budgets
sufficient funds to secure a biannual independent audit
which must include the expression of an opinion on the
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). Said audit must be
submitted no later than sixty (60) days after the
expiration of the 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
Y
agreement. All books of account and supporting
r
documentation should be kept by the Contractor at least
three (3) years for audit purposes.
I
�A
9""+„
�3-
7 _
s
'fn
Alt�'lit,R Ii
49VR1tAl. ORLIOATIONS-
4
1.1
Ct M_AUTHOtt ItATIoi
For the' purpose of this contract the City of Miami$
.z
�.
Department of Community Development (DCD) will act on
behalf of the CITY in the fiscal, programmatic monitoring
and control of this contract.
2.2
OBLIGATION OF CONTRACTORS_
The CONTRACTOR agrees and understands that this Agreement
should be completely executed within ninety (90) days of
3
Appropriation by the City Commission. Failure to comply
gives the City the right to withdraw and re -appropriate
funds. The CONTRACTOR agrees to carry out the project as
prescribed in its attached Work program (including
Guidelines for the City of Miami City of Miami Revolving
Loan_ Fund Program) in a lawful, satisfactory and proper
manner, in accordance with the written policies and
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, and all other state and local laws. The
CONTRACTOR shall not perform in a way inconsistent with
the terms of the Work Plan (including Guidelines for the
City of Miami Revolving Loan Fund Program), except as
j
authorized in writing by the City's Department of
Cj
Y
Community Development and approved by the City Manager.'a
2.3
OBLIGATION OF CITY
To provide an additional $773.500 in funds for the
y
t; iNi
expansion of a City of. Miami Revolving Loan Fund Program
subject to the attached work program; further to provide
funds not to exceed $250,000 for the CONTRACTOR`$
administrative cost.
2
2.,4
CONTRACT MODIFICATION
z
The -CITY or CONTRACTOR may, from time to time, rg4ups_t.
:r
changes in' the scope of services to he performed,
C�
hereunder. Such changes, including on i.npr+e4sq of
decrease in the amount of CONTRACTOR. compensation of ip
'""...
k
�a.a..'
'^
4
�a -...xf-. ate.. -..mot vus�+, ,+i•,"�yr�k-r:�%�^,
the Work program, which are mutually agreed upon by and
J
between the CITY and the CONTRACTOR, most be incorpotata!d
t
in written amohdmenta to this Agreement, f611Oil ifig
3"
•
approval thereof by the City. 'Manager and City Commission.
�.3 NON�ORLROA'BtLI'C"C
_-
3 [_
a
It is underntood and agreed that the obltgationa
r4
undertaken by the CONTRACTOR pursuant to this Agreement
u
shall not be delegated to any other person or firm unless
h
the CITY shall first consent in writing to the performande'
_
of such services or any part thereof by another person or
firm.
e
2.6 BOARD OF DIRECTORS
rat
The CONTRACTOR's Board of Directors, in accordance with
its revised Articles of Incorporation, shall contain a
majority membership who represents the civic and business
sectors of Metro -Miami private sector.
=
In accordance with the Bylaws of the CONTRACTOR, the Board
of Directors and Executive Committee shall each meet on a
half yearly and quarterly basis respectfully or when
needed, to set policy and renew the implementation of
policy.
2.7 COMPLIANCE WITH FEDERAL, STATE AND -LOCAL LAWS
=
Both parties shall comply with all applicable laws,
ordinances, and codes of Federal, State, and local
governments.
2.8 SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the parties herein,
—
its legal representatives, suedessors, and assigns.
ARTICLE III
WORK PROGRAM
_
. 31 WORK PROGRAM SPECIFICATIONS
—
A description of the CONTRACTOR's Work Program
Lt.
x,Y
=
Attachment I is attached and hereby incorporated and m&44
part of this Agreement. The Bork Program may be modified
at any time with approval from the Department of Community
y
Development •
�,
1-e=
3 F�
LbA1� pCNAM S
9Cif tCAT1CNN
In administering the Loan program that is a part of thb
CONTRACTOR's Work Program 806tificationow the CONTRACTOR
4
agrees. to the following covenants and conditibnb`a
F
1. To disburse loan funds within thirty (30) days p'fitr
e
or at expeditiously as possible after the Loan
�
Committee has approved a loan.
2. To establish and implement a Work -Out Program to
formulate policy pertaining to past due loans. This
policy would encompass the establishment of
;.
collection, extension, and foreclosure procedures for
±
defaulted loans.
3. To obtain the required HUD information as it. relates
to ascertaining low/moderate income and/or benefit.
3.3 MARKETING OF WORK PROGRAM
In t-he marketing of the Work Program Specifications, the
4
CONTRACTOR shall have a program targeted at key business
individuals in the economic development process of Miami
in such industries as banking, finance, real estate,
rr
retailing, and nonprofit neighborhood developers. In
addition, the CONTRACTOR shall develop a marketing
brochure on .the services and/or technical assistance'''
provided by CONTRACTOR.
u
ARTICLE IV
4.1 BUDGET SUMMARY
q
The total 1990-1991 budget sunuary attached hereto, as
sp%
Attachment II, is hereby incorporated and made part of
Y�
this Agreement.
4.2 METHOD OF FUNDING
1. Revolving Loan Fund:
The CONTRACTOR agrees to drawndown loan funds when
there to a scheduled loan closing and principal'
collected from outstanding loans to not sufficient' t4
cover a current request. Requests for drsw4owns
�
,
should be submitted to Community Development within,
ten (10) working days prior to the scheduled 4.44e of
loin elnsi'agOO in ender to $haute that the toads are
available. if fait any reason the loan eioeih does
"at accur, the CONTRACTOR shall provide the CITY with
a` check (Of the exact e06unt of the sdvahted draAdava
vi thin saventyy-tad (72) bouts less all out-of-pocket
A
tostn for verifiable expenses incurred itt ptocegsling-
the loan application, i.e. legal fees and tredit
investigations.
2. Administrative Expense:
The CITY agrees to reimburse CONTRACTOR for specificfl
line -item administrative costs, incurred from July 1,
1990 to June 30, 1991 which will not exceed $250.000.
CONTRACTOR will provide the CITY with invoices,
cancelled checks or any other proof of administrative
expense. Such reimbursement requests shall contain a
-statement declaring and affirming that all
disbursements were wade in accordance with the
,approved
budget. All reimbursements must be in line -
Item form and be in accord with the Agreement. All
expenditures must be verified by original invoice with
a copy of the unnegotiated check which will be used to
pay the specific invoice. A copy of the cancelled
check should be forwarded to Community Development
I
within forty-five (45) days after the reimbursement
g
period.
a
4.3 PROGRAM INCOME
'
The CONTRACTOR shall utilize all interest payments.
>
V
1
received on its City loan for administrative costt- prior'to;
R
requesting reimbursement from the Department of Community
Development. All monies received on the principal amo'utit
of the loan shall be deposited into the: CONTRACTORS
x%
revolving loan fund account and used for any approved"
k
loans prior to requesting a draw from the Department of
_Y,+
Community Development.
The CONTRACTOR shall submit a monthly revolving loam foal'
report which delineates the followings
-E`.
i. Total amount allocated (cumulative/to-det`'`
i
Sy
xT'r�
?d
414
4.5
4.6
y
2. Total asiount disbursed (cumulative/to-date).
3. Total orintipal amount collected (cumulative/to-
f.•4:
date o
,r
4. Total amount available (cumulative/to-date).
IEIM%,QASfMENT, TIMELY §UhMI5S10N
*ice
-
Request for payment shall be made on a monthly basis,
Reimbursement request for expenditures incurred during the
term of this Agreement shall not be honored unless §'
received by the CITY within thirty (30) days following the
invoice date. In addition, the CITY shall make
reimbursement to the CONTRACTOR within ten (10) working
days after receipt of reimbursement package.
BONDING AND INSURANCE
The CONTRACTOR shall maintain during the term of this
Agreement, the insurance and bonds specified below: -
a). Insurance coverages should reflect sound business _
practices as determined by the Risk Management
Division of the City of Miami. The CITY shall be
named as an additional Insured.
b) Prior to the disbursement of funds to the CONTRACTOR,
the CITY shall receive evidence that all persons
handling funds received or disbursed under this
Agreement are covered by Fidelity Insurance in- an
amount consistent with sound fiscal practice.
c) The CONTRACTOR shall furnish certificates of insurance
and bonding to the CITY prior to commencing any
activity under the Agreement. Said certificates shall
clearly indicate the CONTRACTOR is in compliance with
provision of this Article. x
d) Compliance with the foregoing requirements shall not k
relieve the CONTRACTOR of its liability acid
obligations under this Section or under any portion of k`
this Agreement.
REPORTS AND EVALUATIONS
i
The CITY shall cooperate with the CONTRACTOR to the
conduct of activities delegated under thin Agreement a4,
reasonably requested. The CONTRACTOR agrees to submit t,
s
t pig' x
Y 4
k
the CITY such reports a4 may be required by the Secretary
of the Treasury end/or the Secretary of Labor and/or r
00oartme►tt of Community Development, along with reports to
the CITY on the Wotk Program and reports comparing loans �-
f
approved, closed And disbursed; to the planned Loan
Production schedule.
The reports that the CONTRACTOR will transmit to the CITY,
in writing, shAll include a Monthly Loan Portfolio Status
x4
r
Report and a Monthly Past Due Loan Report, which is due
h
within thirty (30) days following the appropriate period.
The CONTRACTOR further agrees to develop and transmit to
the CITY comprehensive manuals outlining all of the
CONTRACTOR'S operating procedures, unless previously
—
submitted.
The CONTRACTOR also agrees to prepare, retain and permit
.'
the-CITY,,in conjunction with Federal and State officials,
to inspect as it deems necessary for grant purposes,
-
records that may be relevant to Federal and State grants
=
_
or directives (i.e., EDA, RLF, HUD RLF, and CD RLF). At
the request of the CITY, CONTRACTOR will transmit to the
CITY written statements of CONTRACTOR's official policy on
p y
specified issues relating to CONTRACTOR's activities.
INK
The CONTRACTOR further agrees that the CITY may carry out
quarterly programmatic and fiscal monitoring activities by
the CITY staff and will effectively ensure the cooperation`
of the CONTRACTOR's employees and board members in such
efforts. All reports and evaluations either submitted to
the CITY, or acquired through ongoing monitoring and:
m,
evaluation will be thoroughly reviewed by the CITY,. Art
P
material discrepancies, incomplete or inadequate
information either received on a monthly basis or through.
-
_
monitoring and; evaluation will give the CITY
R g just the
legal cause to terminate this Agreement at any time
4$
-
thereafter, as hereinafter provided in Section 7.6.
1}
4, 7p w
s
Y+
Ak'tt+�t�R ii
• WO AL. CON Dt=TI- 98
fine-LONTRACtOR agrees that. there will be no discrimination
1 K
Against any employee or person served on account or rode
,
co,idr, sex, religious creed, anceatry, physical handicap
7
or national origin in its performance of this Agreement;'
And it is expressly understood that upon the receipt of
evidence of such discrimination, the CITY shall have the
fi
right to terminate this Agreement.
3.2 CONFLICT OF INTEREST
;
No official or employee of the CONTRACTOR may be admitted
directly or indirectly to any share or part of this
contract or to any benefits to arise from the same, nor
own or acquire any personal interest in any property,
contract or proposed contract which would conflict with or
relate to the performance, their duties or
responsibilities under this contract. If any such person
presently or in the future acquires, owns or controls any
such share, benefit, or personal interest, he shall
_
Immediately disclose such interest to the CITY and other
r;
_
appropriate agencies. Upon such disclosure, such -person
shall not continue his participation unless it is
determined by the CITY that his participation is not
contrary to public interest. The CONTRACTOR will comply
with all Federal, State and local conflict of interest
vR ;
laws and requirements.
Y:
_
5.3 INDEMNIFICATION
}f
CONTRACTOR, shall pay on behalf, and save the CTTV
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 or omissions to act on the park of the
=
CONTRACTOR, including any or any of them. Including' any
person acting for or on its behalf; from and against - uny
�X;:
relevant orders, judgements or decrees which msy b
xK
ro ^'
i
10
� i y
2#.
entered agaittot all
cost* attorney'@ fees, expentest
sad
fi
14jtb314t4ea iAtu#t-ad
b tha 0iTY i tU As f f
uLL
y n e e erase o any
<_
Such elaifra cr ift the investigation thereof*
i'
54 LgYgly Of' 86hVICS
x
It is expected that funds acre provided to insure quality
service to City residents. Should start -pup 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 will begin and/or continue.
z
It is understood and agreed that the level of services,
activities and expenditures by the CONTRACTOR, in
existence prior to the initiation of services hereunder,
shall be continued and not be reduced in any way as a
result of this Agreement except for reductions unrelated
to the provisions or purposes herein stated. It is
further understood and agreed that the program funded
-
through this Agreement will 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 even in the absence
of this Agreement.
5.5 DISCLOSURE OF FUNDS
The CONTRACTOR shall disclose all sources (Public and
- Private) and amounts of funds reflecting the total budget
whether they be real or in -kind at the commencement of the
contract period, as well as airy changes in the amount of
funds through program income or other sources received
during the terms of agreement, within thirty (30).daye of
such changes. Examples of in -kind funds to include free
rent, labor, office equipment, etc.
- 5.6 PURCHASING AND INVENTORY
�.
4 .ZG
_ The CONTRACTOR agrees to use its best efforts to obtain
4
a
all supplies and equipment for use under this Agreement at
s
�4F-
the lowest practicable cost and oust obtain three (3)bide
"
for the purchase of capital equipment to accompam oil
1
� `�� �F +i ri � .'. n�• it n � " � -
requeata Aftdt agr#60 to pursue the procurement of source*
availoble to it to the extent applicable to all federal,
Stare and local la*sb All non- expend abIa property
�=
acquired tot the program with City funds will revert to
g:
the CITY at the end of the CITY's funding of the program,_
non -expendable property being properties which *ill not be
Consumed or lose identity. The CONTRACTOR shall establish
L,
and maintain a property control system and shall be
{_
responsible for maintaining a current inventory on all
'
capital items purchased with CITY funds. It should be
clearly understood that all Capital Expenditures over five
,
hundred dollars ($500) must be approved by the CITY prior
to purchase. It should also be noted that all items
purchased remain the property of the CITY and should be
_
Inventoried as such. This will include listing on a
property record by description, model serial number, date
of acquisition and cost. Such property shall be
Inventoried annually and an inventory report submitted to
the CITY. The CONTRACTOR shall permit designated CITY
— staff access to the premises where property is kept for
=.
the purpose of performing inventory monitoring functions
on an annual basis. The CONTRACTOR shall not dispose of
J real or personal property purchased with CITY fundsa4
through sale, use, loan or relocation without the written
- permission of the CITY.
The CONTRACTOR shall be subject to and comply with the
City's current Minority Procurement Program.
f"
The CONTRACTOR, in the procurement of supplies, equipment,`
construction or service to implement this project,, shall
- make a positive effort to utilize small business and
minority owned business sources of supplies and services,
and provide these sources the maximum feasible opportunity
to compete for contracts to be performed pursuant to this
„$
Agreement. To the maximum extent feasible, these small»
business and minority owned busyness sources shall b+r
0'
located in or owned by residents of the Commu nlity
r
t
Development largat Ares(a) designated by the City of Miami
in the Community development Orant application Approved by
the U.S. Depattment of Housing and Urban Development.
.
517 FINAL tOENDITURR REPgR'f
A final budget report shell be submitted to the Ct'TY
vithin sixty (60) days after the expiration of the
contract period. This report should reflect actual
expenditures, by line -items, versus proposed expenditures
}W
•
t ;a-
submitted at the beginning of the Contract year* All
persons employed and paid pursuant to this Agreement
}
should be listed by name, title, Social Security number,
date hired or terminated, ethnic background, and total
salary reflecting both City and other funding sources.
5.8 AMENDMENTS
The CITY and the CONTRACTOR may, at their discretion,
amend this Agreement, to conform with any contingencies
-
which may require such amendment. Amendments, if
required, shall be incorporated, in writing, to this
-A-
Agreement upon approval and concurrence of the CITY and
the CONTRACTOR.
- 5.9 OWNERSHIP OF DOCUMENTS
All writings, diagrams, tracing, charts, and schedules`
developed by CONTRACTORS under this Agreement, shall be
delivered to the CITY by said CONTRACTOR upon completion
of the work and shall become the property of the CITY,
,r
without restriction or limitation on their use.
- CONTRACTOR agrees that all documents, records and reports
maintained and generated pursuant to this contractual
`
relationship between the CITY and CONTRACTOR shall be
— subject to all provisions of the Public Records Laws,
- Chapter 119, Florida Statues.
Ft,
It is further understood b and between the _ y parties that
yr.
any information, writings, maps contract documents,
reports or any other matter whatsoever Which is given 'by
-
the CITY to the CONTRACTOR pursuant to this Agreement
— shall at all times remain the property of the CITY smdk,
E
shall not be used by the CONTRACTOR for any other purposes
- whatsoever without the written consent of the CITT.
r,
�i9-
bevelopsent Tatget Area(e) designated by the City of -kilkiki
in the Community degelopment Orant application epprored by
:.
the U.,NDepRrtment of Housing and Urban Developettit.
'<
z
A final budget report shalt be submitted to the CITY
within sixty (60) days after. the expiration of the
,e
contract period. This report should reflect actual
f
expenditures, by line -items, versus proposed expenditures
-
submitted at the beginning of the Contract year. All
�f=
persons employed and paid pursuant to this Agreement
should be listed by name, title, Social Security number,
dAte hired or terminated, ethnic background, and total
-
-
salary reflecting both City and other funding sources.
-
-
5.8 AMENDMENTS
The CITY and the CONTRACTOR may, at their discretion,
amend this Agreement, to conform with any contingencies
which may require such amendment. Amendments, if
-x
required, shall be incorporated, in writing, to this
v
_
Agreement upon approval and concurrence of the CITY and
-
the CONTRACTOR.
5.9 OWNERSHIP OF DOCUMENTS
s'
_
J
All writings, diagrams, tracing, charts, and schedules
-
developed by CONTRACTORS under this Agreement, shall be
delivered to the CITY by said CONTRACTOR upon completion -
of the work and shall become the property of the CITY.
1_
41
without restriction or limitation on their use.
r
CONTRACTOR agrees that all documents, records and reports_
maintained and generated pursuant to this contractual:
relationship between the CITY and CONTRACTOR shall be.
_
subject to all provisions of the Public Records laws,
Chapter 119, Florida Statues.
It is further understood by and between the parties that
any information, writings, maps contract documents,
r `
T
reports or any other matter whatsoever which is given 'by
the CITY to the CONTRACTOR pursuant to this Agreement
r.
shall, at all times remain the property of theeCITY deed.,
shall not be used by the CONTRACTOR for any othot parpooes
90�
whatsoever without the written consent of the CITY:
1 3 R ... 4..` M1 fit.• _
4
....�.-
HwlA0N1tNIt0T
iiii
The CONTRACT61 varrant that
they have not empl led ot
5`
iretained my company or pernona to solicit or secure this
Agreement and that they have
not offered to pay, paid of
agreed to pay any person or
company any fee, commission,
percentage, brokerage fee, or
gifts or any kind contingent
upon or resulting from the award
of making this Agreement.
The CONTRACTOR are aware of
the conflict of interest laws
of the City of Miami (Miami City Code Chapter 2, Article
=a
V), Dade County, Florida (Dade County Code, Section 2-
11.1) and the Florida Statutes, and agree that they will
t
fully comply in all respects with the terms of said laws.
3.I1 LEVERAGING
The CONTRACTOR agrees to seek additional supportive
funding from other sources. This will allow, to the
greatest extent possible, the leveraging of Community
Development Rlock Grant funds. Proposals to other
agencies will be made in writing and a copy of such
provided to the Department of Community Development.
ARTICLE VI
6.1 GENERAL ASSURANCES AND CERTIFICATIONS
THE CONTRACTOR ASSURES AND CERTIFIES THAT:
1. It possesses legal authority to enter into this
- Agreement; a resolution, motion or similar action has
been duly adopted or passed as an official act of the
CONTRACTOR's governing body, authorizing the execution
— of the Agreement, including all understandings and
r
assurances contained herein, and directing and
s
9N
authorizing the person identified as the official€
— representative of the CONTRACTOR to act in connection
with the Agreement - and to
g provide such additional
Information as may be required.
2. It will establish safeguards to prohibit employees from
using their positions for a purpose that is or Rives the
appearance of being motivated by desire for private gain
a .y>
�
for themselves or others, particularly those with whom
z;
they have family, business or other ties.
00 '
1 a -
R
,p`jjj
i r + �•a
• CY
3.
4.
S.
6.2
7.1
#
pArtitipantb of employees in the program fund putsuatrt
,
to this Apeometft, will not be employed bin the
construction, o0 eratien or maintenance of that part of
any fecility which is used for religious inatruetiotr'a
aoeship.
Appropriate standards for health and safety in work and
training situations will be maintained.
It will comply with the regulations and requirements of
the Department of Management and Budget Circular A-102,
r;
"Uniform Administration Requirements for Grant@-Ln-Aid
to State and Local Governments" and Federal Management
Circular 74-4, "principles for Determining Costa
Applicable to Grants and Contracts with State and Local
Governments".
CITIZEN PARTICIPATION
The - CONTRACTOR shall cooperate with the Office of
Community Development in informing the appropriate
Community Development Citizen Participation Structure(s)
including the appropriate Target Area Committee(s) of the
i
activities of the CONTRACTOR in carrying out the
provisions of this Agreement.
ARTICLE VII
METHOD OF FUNDING
TOTAL FUNDING
1. Revolving Loan Fund:
The total aggregate funding for the City of Miami
Revolving Loan Fund Program shall not exceed the
maximum sine of $5,263.845. This sum includes $773.500
in new funds allocated under this contract. The
�
CONTRACTOR further agrees that it shall not expend
these funds as administrative expenses.
{
2. Administrative Expense:
The total compensation for this' contract shall not 5
exceed $250,000 for CONTRACTOR's 1990-1991 budoot# a'
Funds not used for administration during the 494tro4t «�
>
will revert back to CITY,
i
.n ..
l �
15 r _
Yy _
L _
'I
liVi1WWii W
4
{ Tho CIT g shall t�est�rve the right to recapture all funds
-
f
and &beat* Vhen the CONTRACTOR fails to comply with the
terns of this Agreement or refused to accept conditions
Imposed by the CITY or by the U.S. Department of Housing
and Urban Developments as provided in Section 7.6.
7.3 TITLE TO ASSETS
Funds paid under this Agreement are paid to the CONTRACTOR_
for the purposes set forth in this Agreement and shall be
used solely therefore. The following covenants and
conditions apply thereto:
I. Whenever money drawndown and intended to be loaned or
disbursed pursuant to a loan/grant program approved
under this Agreement is not so loaned or disbursed, it
-
must be returned to the CITY within seventy-two (72)
-bours.
-
2. When loans are repaid by the borrower, funds. may be
used solely for new loan agreements unless approved
_
for other purposes by the Departments of Community
Development.
3. The principal loan repayment amount received from the
aggregate $5,263,845 RLF Program, and any and all
r?7
other loan fund monies provided or issued. to MCD1 by
— the CITY, whether currently in possession of the
ova
CONTRACTOR or to be provided in the future by the
_ CITY, should be used only for new RLF Loans. Any
interest received from the aforementioned amounts,
`+
y
shall be used by the CONTRACTOR to coven
"
E t k
y?
- administrative cost only.
r
r
a
4. Upon termination and/or final disposition of assets,,£:
w:
Interest on loans made by the CONTRACTOR and accruing
- to the CONTRACTOR shall be deemed to be part of `the
.i.�
_ funds allocated to the CONTRACTOR by the CITY and
,,
shall belong to they CITY.
_ 5. The CONTRACTOR shall request loans funds after it has
Nk.
a scheduled date for loan closing and within sevwo (T)
- working days prior to the date of closing.
Y
a► 16
R
s
K
yunds *by be withheld by the CITY fot tiny of th't►`
• 4
following reebuner
,3
a) If the CONTRACTOR takes any substantial
�£
misrepresentation of any material fact in any of
fir=
v
its periodic reports.
b), If there is litigation pending with respect to the
{
performance of the CONTRACTOR which adversely
Y
{
affects the operation of the CONTRACTOR.
c) If the CONTRACTOR is in substantial breach of any
=-
'a,
of the provisions of its Agreement with the CITY.
d) If reports as required by the CITY have not been
submitted within the time required or reasonable
cause shown for such delay.
e) Failure, for any reason, of the CONTRACTOR toxi
` fulfill in a timely and proper manner its
obligations under this Agreement, including
substantial compliance with the approved Work
Program and attached conditions, the budget and
such directives such as may become generally
applicable at any time; submission by the
CONTRACTOR to the CITY, of reports that are
substantially incorrect in any material; and
Ineffective or improper use of funds provided
under this Agreement.
2. Upon dissolution of the CONTRACTOR, termination of
this Agreement b either q y rparty, or its inability to:
materially comply with the 'approved work program, all
of its rights, title and interest in said monies and
all assets of the CONTRACTOR related to the $5,2639845
RLF program, and any and all other monies provided or
t,
issued to CONTRACTOR by the CITY, whether currently
�
inpossession of the CONTRACTOR or to be provided in
the future by the CITY, shall immediately accrue to
x
the City of Miami and shall be transferred within five.
(5) days by the CONTRACTOR to the City of Miami. This
ply
A 1 7 r
861
8.2
aouid include unuited at unencumbered funds de0osited
with any, lending institution, which shell also be
t'etuthed to the City.
- AgrtcLE VIII
n1tH1NA'T10N CLAUSE
1Either party by giving written notice specifying the
effective date (which shall not be less than thirty'
days of the date of receipt of such written notice);
t,
may terminate this agreement .in whole or in part for
cause which shall include failure for any reason, of
the non -terminating party to fulfill in a timely and
o;
proper manner its obligation under this Agreement.
2. Further, it is mutually agreed that the CONTRACTOR
shall immediately, upon demand by the CITY cease and
-
terminate any and all activities including but not
limited to divesting itself and any subsidiary(ies) of
-
specific assets and/or projects and that upon demand
of the CITY any and all accumulations thereon, shall
be delivered to the CITY and become the sole property
of the CITY.
AVAILABILITY OF FEDERAL FUNDS
All the obligations under this Agreement shall be
contingent upon the availability of Federal funds and is
the event that those funds are withdrawn or reduced, this
s
'Yn
Agreement shall be modified so as to reflect the changes
in the availability of the funds. In the event that the
Agreement must be terminated due to the unavailability of
Federal funds, the CONTRACTOR shall be entitla*d only to
Stiyy
recover the actual amount of administrative costs incurred
up to the date of termination, which in no event shell
exceed the amount allocated for administrative costs under
1�
the Agreement.
r .
s
�Y
M ..
00
r
t.
i.
The Darden herete'egree that this Agreement aha�'1 be
�Z
q
-
eenottued and enforced bccdrding to the ldva, atatutet
And Case -1aua of the State of 'Florida.
9,
That the CONTAACTOh and its employees and agents bhgll
I e deemed to be an independent contractor, and not an
agent or employee of the CITY, and shall not attain:
i
any rights or benefits under the Civil Service or
3:
Pension Ordinance of the CITY, or any rights generally;
�
i
Na
i
afforded classified or unclassified employees; further
:€
he/she shall not be deemed entitled to Florida
t;
Worker's Compensation benefits as an employee of the
"
CITY.
3.
No waiver of any provision hereof shall be deemed to
`have been made unless such waiver be in writing signed
by the City Manager. The failure of the City of Miami
to insist upon the strict performance of any of the
provisions or conditions of this Contract, shall not
be construed as waiving or relinquishing in the future
any such covenants or conditions but the some shall
-
continue and remain in full force and effect.
4.
All notices or other communications which shall or may
I`A
be given pursuant to this Agreement shall be in
writing and shall he delivered by personal service, or
z:
by reRiatered mAil or by telegraph -addremsed to the
'=
,.
J
other party at the address indicated herein or as the
rs
J
same may be changed from time to time. Such notice
K
'
shall be deemed given on the day 'on which personally
"
i
served; or, if by mail, on the fifth (5th) day after
being posted or the date of actual receipt, whichever'
is earlier.
I 5.
Titles, and paragraph headings are for convenient
T
4
5Y
reference and are not a pact of this Agreement.
4.
In the event of conflict between the terms of thin
Agreement and any terms or conditions contained lA.
documents, the terms In thin Agreement sbaill rules,
f.
qq X
toll tg#ATC 4jt$
the, legal representative(s)
of this Agreement, for the
CdNTRACT`OS, should be the president and Secretary of the t ;
Sookrd of. Directors or any other person the Soard
designates by resolution or affidavit. This affidavit
will be attached and evade a part of this Agreement.
IN WITNESS WHEREOF; the parties hereto have caused this
Agreement to be executed in their names by their duly authorized
officers and the corporate seats to be affixed hereto, all as of
the day and year first above written.
ATTEST: - •
MATTY HIRAI
CITY CLERK
ATTEST:
f4. A I
SECRETARY
APPROVED AS TO FORM AND CORRECTNESS
JORGE . FERNANDEZ
CITY ATTORNEY
APPROVED AS TO INSURANCE REQUIREMENTS:
SEGUNDO PEREZ
INSURANCE. MANAGER
6/I3/9-0/1;j4
4�
r�
4'
't c ��� •
t`4 w d�1+r
t -)
F
� H s
;�';•• try. — _ p - _
WHEREASt the Board of directors at a duly hold corporate
meeting has considered the matter in accordance with the By -Lave
of the corporation;
• NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
that the president and secretary are hereby authorized, and
instructedtoenter into a contract in the name and on behalf Of
this corporation with the City Of Miami upon the terms contained
in the proposed contract to which this resolution is attached.
V%A day of
DATED this 19
�-A`RDDF DIRECTORS CHAIRPERSON
&AA"
SECRETARY