HomeMy WebLinkAboutR-90-0496r
6�-1ifg0 90- 496
RESOLUTION NO,
A RESOLUTION; WITH ATTACHMENTS, AUTHORIZING
THE CITY MANAGER TO EXECUTE INDIVIDUAL
CONTRACTUAL'AGREEMENTS$ IN SUBSTANTIALLY THE
ATTACHED FORM, WITH FOUR (4) NEIGHBORHOOD
ECONOMIC DEVELOPMENT ORGANIZATIONS, FOR THE
AMOUNTS SPECIFIED FOR EACH, 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 1. The City Manager is hereby authorized to execute,
tour;141 individual contractual agreements in substantially the
attached form, with the following neighborhood development
agencies, for the amounts and contract period specified for each,
for the purpose of implementing a Neighborhood Economic
Development Program subject to approval of each agency's work
program by the U.S. Department of Housing (HUD), with funds
hereby allocated therefor from the Sixteenth 0 6th) Year
Community Development Block Grant:
CONTRACT
CBO
1. Coconut Grove Local Development
Corporation, Inc.
Haitian Task Force, Inc.
AMOUNT PERIOD
$50.000 1 Year
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1 Year
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3. New Washington Heigote Community
Development Conference. Inc.
4, Stall Business Opportunity Center, Inc.
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60,000
50,000
Sectiot. 2, This Resolution shall become
immediately upon its adoption.
PASSED AND ADOPTED this lath day ofuLy
RAVIER L.
MAYO
CITY CLERK
COMMUNITY DEVELQWENT,/REVIEW AND APPROVAL:
FRANK CA ,AN A, DIRECTOR
DEPARTMENT OF COMMUNITY DEVELOPMENT
F I NAN(
EPARTMENT REVIEW AND APPROVAL:
CARLOSRCIA, DIRECTOR
DEPART40T ON FINANCE
BUDGETARY REVIEW AND APPROVAL:
MANOHAR AWANA, DIRECTOR
DEPARTMEN OF BUDGET
PREPARED AND APPROVED BY:
ALBERTINE B. SMITH
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND COP
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VENDOR NUMBER:
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CITY OF MIAMI, PLORIDA
betireen the :City of Miami, a municipal corporation of the ,
State of- Florida, (hereinafter referred to as the "CITY".). and
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SHALL EUSINB$S OPPORTUNITY CENTER, INC. (880C), a Florida not for
prof it corporation, (hereinafter referred
"CONTRACTOR")
FUNDING SOURCE:
TERM OF THE AGREEMENT:
AMOUNT:
TAX IDENTIFICATION NO.: %!Pf- — IP? r)-a 5 J q
EXECUTIVE DIRECTOR
ADDRESS: la Locs-t cbawte e GQeet AurSLtr`,
TELEPHONE NO.:
NOW, THEREFORE, in consideration of the mutual covenants and '
obligations herein set forth, the parties understand. and_agree;as
follows
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:
V1.1- Corporate Resolution authorizing execution of this
Agreement.
�1.2 Work Program (approved by the CITY).
1.3 : Budget Summary, to include: completion of CONTRACTOR'S
Program/Line-Item Budget/Expenditure Justification, Total
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Actual and Projected Funds Disclosure, and Staff Salaried.
Schedule On forms supplied by the CITY); budget fox,
program,generated "revenues; copies of all subeontraoto
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and/or management services
agreements fuade4 whole Or in
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part under this agreement.
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1.4: Certifidate of Insurance which refledtd CONTI(ACTOR'S
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etitto# t liability insurance, naming the CITY as primary 4t,
additional insured as determined by the Law 0eVaft**-ftt''of
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the CITY; current Workers' Compensation insurance; current,
Fidelity Bond (applicable for all persona who acre
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authorised to receive and disburse funds under this
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Agreement); and other coverage as deemed necessary, if
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applicable (i.e. automobile insurance).
1.5 VCONTRACTOR's Corporate Seal (to be affixed to Signatory
Page, and Corporate Resolution).
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1.61/Copy 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
numbers).
—, 1.8VList of Key Staff Persons, with their titles, who will
carry out this program.
1.9 Completion of Authorized Representative Statement.
— 1.10L�pCompletion of Statement of Accounting System.
1.11t�A letter from an independent Certified Public Accountant
which expresses the opinion that the CONTRACTOR's- internal
controls are adequate to safeguard the organization"s
assets.
1.12%/ Corporate Personnel Policies and Procedures.
1.13j/,Job Description and Resumes for all positions funded -'in
— - whole or in part under this Agreement.
1.14V/Acceptance of Office of Management and Budget (OMB)
Circular A-110, Attachments "A", (Cash Depositaries);
"B" (Bonding and Insurance), "C" (Retention and Custodial
Requirements for Records), "F" (Standards for Financial
- Management Systems), "H" (Monitoring and Reporting Progress
Performance). "N" (Property Management Standards).'; and.
"0" (Procurement Standards),
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t/Acceotance of
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HUD Regulationa 24 CF! Part
"Uni f ats Administrative
Cooperative -Agreements to
Requirements for
State4 Local and Federally
Recognited Indian Tribal Governments".
1.16VAcceptanct of Policies and Procedures Manual
Baoed Organizations.
for Community
As a necessary part of this Agreement, the CONTRACTOR shall
provide the following documents to the Department of Community
Development, in accordance with the requirements of the
Agreement:
A. Final Expenditure Report to be submitted no later than
thirty (30) days after contract expiration.
B. Certified Independent Audit to be submitted sixty (60)
days after contract expiration.
CONTRACTORS receiving monies from the Department of
Community Development must allocate in their budgets
sufficient funds to secure an annual independent audit
which must include the expression of an opinion on the
Contractor's financial statements, and a compliance
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 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 booka of
account, for a period of up to three (3) years-from.,tbe
termination date of the agreement. All books of
account and supporting documentation should -be kept by
the Contractor at least three (3) years for- audit
purposes*
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tefta of this Agreement shell be from
2.2 CITY AUTHORIZATION
For
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the purpose of this Agreement, the City of Miami
Department
of Community Development (hereinafter the -
"DEPARTMENT") will act on behalf of the CITY in the fiscal
control, programmatic monitoring, and modification of this
Agreement, except as otherwise provided by this Agreement.
2.3 OBLIGATION OF CONTRACTOR
The CONTRACTOR shall carry out the services as prescribed
in its Work Program (Attachment I), which is attached and -
incorporated herein and made a part of this Agreement, in a
lawful, and proper manner, satisfactory to the CITY, in
accordance with the written policies, procedures, and
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.
Contractor is aware and accepts the Policies and Procedures.
Manual for Community Based Organizations as the official
document which outlines the fiscal, administrative 'and
Federal guidelines and which shall regulate the day--to-day
operations of the CONTRACTOR.
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 under
this Agreement, the CONTRACTOR shall furnish to the CITY
certificates of insurance and bonding indicating that. the
CONTRACTOR is is compliance with the p provisions,
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COMACTOR shad ptbvidd tho iolltrWing aovetages:
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a) Ittsuthfitt' coverage that reflects
a0urnd bailn096
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practices acceptableto the CtTY's l tsura tee Manage eint
Division of the Law Department.
b) "Fidelity bonding for all persons
handling frifids:
received or disbursed under this Agreement in an amount
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equal to 'or greater than the maximum
amount of cash'
held at any one time. CITY shall
be a primary
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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.
Beat's as to "A" Classification and "V"
as to financial
size.
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Compliance with the foregoing requirements shall
not relieve the
CONTRACTOR of its liability and obligations under
this section or
under any other section of this Agreement.
2.5 LEVEL OF SERVICE
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
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;'b'e
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
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for services, or result in the substitution of funds
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allocated
under this Agreement for
other funds' in
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connection
with work which would have been
performed itt:t#4:.
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absence of
this Agreement.
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2.6 REPt t A J)5tt' At�l
_,EVALVATtONS
The CONTRACTOR shall comply with the Pederal Dittetive
requited by the U.S. Department of Housing. And, UtbA
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Development (CSHUD) to document that program activit es eye
provided for the benefit of low to moderate income persotkii
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In accordance with the Code of Federal Regulations 24 CPR
Part 570.506, records shall be maintained for each activity
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to determine that services benefit low and moderate income
persons.
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At the request of CITY, CONTRACTOR shall transmit to CITY
written statements of CONTRACTOR's official policy an
specified issues relating to CONTRACTOR's activities.
CITY may carry out monitoring and evaluation activities,
including visits and observations by CITY staffs CONTRACTOR
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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
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3.1 COMPENSATION
A. CITY shall pay CONTRACTOR, as maximum compensation'for
the services required pursuant to Article II hereof,
$50.000.00.
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 to
compliance with the previously approved Line -`Item
Budget. Such written request shall contain a stet".omeat,
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declaring and affirming than all 'expenditures were
ini accordance with the approved budget.
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documentation in support of such request shall be
subject to apptoval by CITY at the tide the te4ubbt la,
made and all invoices ate required to be paid 'by
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CONTRACTOR prior to submission. All reimbursements aunt
be in line -item form and be in accord with this
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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
-
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
dine -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.
B. Requests for payment should be made at least on a
monthly basis. Reimbursement requests should be
submitted to the CITY within thirty (30) calendardays
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.
C. 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
are forfeited and the CITY shall not honor any request
submitted after the aforesaid agreed upon period,
D. Any payment
due under this Agreement
may be withheld,
pending the
receipt and approval by
the CITY of; el1
reports due
from the CONTRACTOR as
a port of
contract and
any modifications thereto.
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CYTY reserves the right to audit the records of CONTRACTOR
at any time during the performance of this Agreement and .for
a period of three years after final payment is made under
this Agreement. CONTRACTOR agrees to provide all financial"
and other applicable records and documentation of services.
to CITY. Any payment theretofore made shall be subject to
reduction for amounts included in the related invoice which
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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
funds or authorization, reduction of funds, and/or change in.
regulations.
ARTICLE IV
4.1 INDEMNIFICATION
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'�'
activities under this Agreement, including all other acts:or
omissions to act on the part of CONTRACTOR, including any, ,
person acting for or on its behalf; from and against 4ny
— relevant orders, judgments, or decrees which may be cat aret
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aga nee the `CITY; and from and against all poets, Att6theY .
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fees, e*pettsesi Aftd it bilities incutred by the dtrl in a
daf`enseof any such claims or iti the investigation thOra'��"
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4.2 AMENDMENT'S
Gam.
No amendments to this Agreement shall be binding on either
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party unless in writing and signed by both parties.
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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'
property of CITY and shall not be used by CONTRACTOR for any
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other purposes whatsoever without the written consent of
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CITY.
4.4 AWARD OF AGREEMENT
CONTRACTOR warrants that it has not employed or retained any',,
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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 ahy . fed*`
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commission percentage, brokerage fee, or gift' of any kind```
contingent upon or resulting from the award of this
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Agreement.
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The oblig
Agreement
person of
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4.6 CONSTRUC
This Agi
the laws
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it if�111YY � uI n
tions undertaken by=the`CONTRACTOR
pursuant.to
this-
shall not be delegated
or assigned .
,to any :other .
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firm unless CITY shall
first consent
in writing t,.
mante or assignment of
such services
or any part
.another person or firm.
$'
ION OF AGREEMENT
!ement shall be construed
and enforced
according to
of the State of Florida.
4.7 OBLIGATION TO RENEW
Upon expiration of the term of this Agreement, CONTRACTOR
agrees and understands that CITY has no obligation to renew
-this Agreement.
4.8 TERMINATION OF CONTRACT
CITY retains the right to terminate this Agreement at any
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 bean
writing to CONTRACTOR, who shall be paid for those services
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
CONTRACTOR shall be made only if said CONTRACTOR is not.n
default under the terms of this Agreement. If CONTRACTARjs
—
in default. then CITY shall in no way be obligated and,shall
not pay to CONTRACTOR. any sum whatsoever.
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4.9 0V=,9At_, C.ONDtT1ONS
A. All notices or other communications which shall or say
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be given pursuant to this Agreement shall be it writing
and shall be delivered by personal service, or by
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registered mail addressed to the other party at the
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address indicated herein or as the same may be changed
from time to time. Such notice shall be deemed given on
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the day on which personally served; or, if by mail, on
the fifth day after being posted or the date of actual
receipt, whichever is earlier.
CITY OF MIAMI CONTRACTOR
3500 Pan American Drive Small Business Opportunity
Miami, Florida 33133 Center, Inc.
1 417 West Flagl er Street
Miami, Florida 33135
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
shall constitute a waiver of any subsequent breach of
the same or any other provision hereof, and no waiver
shall be effective unless made in writing.
E. Should any provisions, paragraphs, sentences, words or
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 conforq
with such laws, or if not modifiable to conform with
such laws, then same shall be deemed severable, and in
either event. the remaining terms and provisions of tltie
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Agreement shall remain unmodified and in full force #ad..' ,
effect. i
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CONTRACTOR and its employees and agents shall be deemed to
be independent contractors and not agents ot employees of
CITY, and shall not attain any rights or benefitsunder the
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Civil Service or penaion Ordinances of CITY of a'fty irIght[a.r,
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generally afforded classified or unclassified employees$,
further, they shall not be deemed entitled to the Florida
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,
their heirs, executors, legal representatives, successors,
_
and assigns.
ARTICLE V
5.1 CONTRACTOR CERTIFICATIONS
CONTRACTOR certifies that:
It possesses the legal authority to enter into this,
Agreement by way of a resolution, motion, or similar :action
that has been duly adopted or passed as an official act 'of
CONTRACTOR-s governing body, authorizing the execution of
the Agreement, including all understandings and assurances
contained herein, and directing and authorizing the person
identified as the official representative of the CONTRACTOR
to act in connection with the Agreement and to provide such
additional information as may be required.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by the respective officials thereunto
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duly authorized on the first date above written.
CITY OF MIAMI, a municipal
Corporation of the State of
Florida
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ATTEST:
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CONTRACTOR:
Small Ruginesg Opportunity
Center, lne,
1411 West Plagier Street
Miami, Florida 33135
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ESIDENT
GUARANTEE
— I (1ely r 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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WHEREAS, Mar,r._.AttCT_NErta_dppORTtJNITY__CENETt►..IN:._.._
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
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tweeting has considered the matter in accordance with the By -Laws
of the corporations;
NOW, THEREFORE, BE
IT RESOLVED BY THE BOARD OF DIRECTORS
that the president, and
secretary are hereby authorised and
it
instructed to enter into
a contract in the nacre and on behalf of
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this corporation with the
City of Miami upon the terms contained
in the proposed contract
to which this resolution is attached.
DATED this 14th
day of MAY , 19 90 , `.
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B RD OF DIRECTORS CHAIRPERSON
Laze J�•
.may
SECRETARY
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C-OP MtAMI, PtORtDA
COMMUNITY _DASED ORCAliUMON (C90)
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TlltS AGREEMENTi entered into this thday of a �
1990. between the City of Miami, a municipal corporation of the
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State of. Florida. (hereinafter referred to as the "CITY"), and
NEU WASHINGTON HEIGHTS COMMUNITT DEVELOPMENT CONFERBNCB„ INC•
(NVBCDC), a Florida not for profit corporation, (hereinafter
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referred to as the "CONTRACTOR").
FUNDING SOURCE: Department of CommunitY_Development
TERM OF THE AGREEMENT: July 1, 1990 - June 30, 1991
AMOUNT: $ 50,000 VENDOR NUMBER:
TAX IDENTIFICATION NO..: 59-1653921
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EXECUTIVE DIRECTOR Jackie Bell
ADDRESS: 1600 N.W. 3rd Avenue, Miami, Florida- 33136
TELEPHONE NO.: (305) 573-8217
—�
NOW, THEREFORE, in consideration of the mutual covenants and
—
obligations herein set forth, the parties understand and agree as
follows:
ARTICLE I
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As a necessary part of this Agreement, the following documents
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which have been provided by the CONTRACTOR and approved by the
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CITY are attached:
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l.1✓ Corporate Resolution authorizing execution of this
Agreement.
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2' Work Program (approved by the CITY).
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1.3y/Budget Summary, to include: completion of CONTRACTOR'$.
Program/Line-Item Budget/Expenditure Justification, Total..
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Actual and Projected Funds Disclosure. and St $ff $alar.isa
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Schedule (on forms supplied by the CITY)i budget.fpr`
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program -generated revenues; copses of all subcontr4CtS,
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and/or management services agreements funded to w.ba or
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part under this agreement*;v
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l r Certificate of tnsurante whichrefleeta C6NTftkT0tt`g
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current liability insurance, hami"A the CITY an primary or
addttionhl insured as determined by the haw 06parruidnt 64
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the CITY; current Workers' Compensation insurance; current
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Fidelity Bond (applicable for all persona who are-
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authorised to receive and disburse funds under this
Agreement); And other coverage as deemed necessary, if
applicable (i.e. automobile insurance).
1,5/ CONTRACTOR's Corporate Seal (to be affixed to Signatory
Page, and Corporate Resolution).
1.6V/ Copy of CONTRACTOR's Articles of Incorporation, Charter and
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Bylaws..
1.7t/ List of Present Principal Governing Board Officers and
Members of the Board (names, addresses and telephone
—
numbers).
1.8 List of Key Staff Persons, with their titles, who will
carry out this program.
1.9✓Completion of Authorized Representative Statement.
1-10,.7' Completion of Statement of Accounting System.-
1.11 A letter from an independent Certified Public Accountant
which expresses the opinion that the CONTRACTOR's internal •
controls are adequate to safeguard the organization's
_*
assets.
1.121/ Corporate Personnel Policies and Procedures.
1.131'Job Description and Resumes for all positions funded in
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whole or in part under this Agreement.
1.14V Acceptance of Office of Management and Budget (OMB)
Circular A-110, Attachments "A", (Cash Depositaries),
"B" (Bonding and Insurance), "C" (Retention and Custodial `
1"
Requirements for Records), "F" (Standards for Finaneial
4A
Management Systems), "H" (Monitoring and Reporting Progress`
Performance), "N" (Property Management stanaaraa), Bind `
"0" (Procurement Standards).
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1.15 Acceptance of ROD Rogulatiohs 24 CPR Part 85 entitled
uhtfotm Ad attkt0tratIve Requirements for OtAntS And
Cooperative Agreements to State, Local and Pedefa
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Reeognited Thdian Tribal Governments".
1.16 VAcceptanice of Policies and Procedures Manual for Community.
Based Organizations.
As a necessary part of this Agreemment, the CONTRACTOR shall
provide the following documents to the Department of Community
Development, in accordance with, the requirements of the
Agreement:
A. Final Expenditure Report to be submitted no later than
thirty (30) days after contract expiration.
B. Certified Independent Audit to be submitted sixty (60)
days after contract expiration.
CONTRACTORS 'receiving monies from the Department -of
Community Development must allocate in their budgets
sufficient funds to secure an annual independent audit
which must include the expression of an,opinion on the
Contractor's financial statements, and a compliance
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 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
the Contractor at lease three (3) years for au4it,
f
purposes
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The teas of this. Agreement shall be f roar .tuly..�l w" i.9,9��
1990.
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2.2 CITY AUTtICiRtZATiON
,2
For the purpose of this Agreement, the City of Miami
}
Department of Community Development (hereinafter the
"DEPARTMENT") will act on behalf of the CITY in the fiscal
control, programmatic monitoring, and modification of, this
Agreement, except as otherwise provided by this Agreement.
2.3 OBLIGATION OF CONTRACTOR
The CONTRACTOR shall carry out the services as prescribed
in its Work Program (Attachment I), which is attached and
incorporated herein and made a part of this Agreement, in a
lawful, and proper manner, satisfactory to the CITY, in
=
accordance with the written policies, procedures, and
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.
Contractor is aware and accepts the Policies, and Procedures
Manual for Community Based Organizations as the .official
document which outlines the fiscal, administrative. and.
Federal guidelines and which shall regulate ;the day-to-day
operations of the CONTRACTOR.
r�.
2.4 BONDING AND INSURANCE
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CONTRACTOR shall maintain insurance and -bonding cover. ag0'4,.
acceptable to the CITY's Insurance Management Div;ieion of,
the Law Department. Prior to commencing aay activity dq+d;�t';
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this Agreement, the CONTRACTOR shall furnia,h__ to th,G ,OIT_
certificates. of insurance and bonding Indicsting t tat;. thy:
CONTRACTOR is in compliance with the provisions of t..hi;�
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article.
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CONTRACTORt shall provide the folidwtog caveragee:
F,
A) liftsufantO coverage that teftocts 86uthd hiifiitii$a
prActiaea acceptable to the CtTY''s tnsurttnce Man&gelin'ht
Diviaion of the Law Department*
b) fiJaiity bonding for all persons handling' fuhdg
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received or disbursed under this Agreement in an amount
equal to or greater than the maximum amount of tash
held at anyone 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.
Beat's as to "A" Classification and "V" as to financial
size.
Compliance with the foregoing requirements shall not relieve the
CONTRACTOR of its 'liability and obligations under this section or
under any other section of this Agreement.
2.5 LEVEL OF SERVICE
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
that the level of services, activities, and expenditures' by
the CONTRACTOR, in existence prior to the initiation of
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4
services hereunder, shall be continued and shall not "be
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reduced in any way as a result of this Agreement., Programs
funded through this Agreement shall not result is the
displacement of employed workers, impair existing contracts
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for services, or result in the substitution ' of `fuilds
allocated under this Agreement for other Iujads `
connection with work which would have been performed' t n'`t` e
absence of this Agreement.
}ant;
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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
3.1 COMPENSATION
A. CITY shall pay CONTRACTOR, as maximum compensation for
the services required pursuant to Article II hereof,
$50,000,00.
B. CITY shall have the right to review and audit the time
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
'
compliance with the previously approved Line-itew
budget. Such written request
shall contain a stateeme to':
declaring and affirming that
all expenditures were hate,`
in accordance with the
approved budget. At
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dbtufilc[itAtiofl th Aupport of such request shall ba
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subjedt to approval by MY at the time the tb4u4@1 'its
made and all invoices are required to be, paid by.
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CONTRACTOR prior to submissidn. All reimburaeakita iedat
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be In line -item form and be in accord with thi.d
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Agreement. All expenditures must be verified by
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original invoice with a copy of the check which wag used
to pay that specific invoice. Within 60 days' of
4
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
dine -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.
—
B. 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
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.
C. CONTRACTOR must submit the final request for paymbnt 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 topayment
are forfeited and the CITY shall not honor any request
submitted after the aforesaid agreed upon peri*40'
A. Any payment clue under this Agreement may be withhold
pending the receipt and approval by the CITY of all
-
reports clue from the CONTRACTOR as a part > .4f : thtp
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contract and any modifications thereto,.
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docue_ehtat t aft in support of such request shall be
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Aubloet to approval by CITY at ' the time the teoues't �.
made and all invoices are required to be ps1,d ` b�
CONTRACTOR prtot to aubmissfon. All reimbursements ,east
be to line — item forth and be in accord with this
Agreement. All expenditures trust be verified ,by
original invoice with a copy of the check which was used
to pay that specific invoice. Within 60 days of
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.
B. 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
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.
C. 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
—,
are forfeited And the CITY shall not honor any, request
submitted after the aforesaid agreed upon period..
D. Any payment due under this Agreement may be withheld
pending the receipt and approval by the CITY of all
reports due from the CONTRACTOR as a part %of s thfn
contract and any modifications thereto#,: ,t
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f'tNAfii.C,tA AC �t)NTA9tttTV
CITY reserves the right to audit the records of C014TRACTOR
sit any time during the performance of this Agreement and.fet
a period of three years after final payment is made under
this Agreement. CONTRACTOR agrees to provide all financial
and other applicable records and documentation of services
to CITY. Any payment theretofore made shall be subject to
reduction for amounts included in the related invoice which
are found by CITY, on the basis of such audit, not to
constitute allowable expenditures. Any payments made to
CONTRACTOR are subject to reduction for overpayments on
previously submitted invoices.
3.4 RECAPTURE OF FUNDS
CITY shall reserve the right to recapture funds when the
CONTRACTOR shall fail (i) to comply with the terms of this
Agreement or (ii) to accept conditions imposed by. CITY at
the direction of the federal, state and local agencies.
3.5 CONTINGENCY CLAUSE
Funding for this Agreement is contingent on the availability
of funds and continued authorization for program activities
and is subject to amendment or termination due to lack of
funds or authorization, reduction of funds, and/or change in
regulations.
ARTICLE IV
4.1 INDEMNIFICATION
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'$.
activities under this Agreement, including all -other acts,Qr
omissions to act on the part of CONTRACTOR, Including any
—
person acting for or on its behalf; from: and against all
relevant orders, judgments, or decrees which may be entered-
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atAinat the CtTY,. and from and against all coats. Attornoyy
fees. expontea, and liabilities incurred by the CITY in the
tofet #6 of any ameh claims or in the investigatiotl the eotwe
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4.$ AMENDMENTS
No amendments to this Agreement shall be binding on either
party unless in writing and signed by both parties.
4.3 OWNERSHIP OF DOCUMENTS
All documents developed by CONTRACTOR under this Agreement
shall be delivered to CITY by said CONTRACTOR upon
completion. of the services required pursuant to this
Agreement and shall become the property of CITY, without
restriction or limitation on its use. CONTRACTOR agrees
that all documents maintained and generated pursuant to this
contractual relationship between CITY and CONTRACTOR shall
be subject to all provisions of the Public Records Law,
Chapter 119, Florida Statutes.
e
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
--
property of CITY and shall not be used by CONTRACTOR for any
other purposes whatsoever without the written consent of
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CITY. -
4.4 AWARD OF AGREEMENT
-
CONTRACTOR warrants that it has not employed or retained any
person employed by the CITY to solicit or secure this
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Agreement and that it has not offered to pay, paid, -or
agreed to pay any person employed by the CITY `sny'''fe.
commission percentage, brokerage fee, or gift of `any kind
contingent upon or resulting from the award of thin
Agreement.
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4.3 RON b f.gOAf_2LY'
The obligations undertaken by the
CONTRACTOR pursuant to thts
Agreement shall not be delegated
or
assigned to any other
person or firm unless CITY shall
first
consent in whiting to
the performance or assignment of
such
services or any part
thereof by another person or firm.
4.6 CONSTRUCTION OF AGREEMENT
This Agreement shall be construed and
enforced according to
the laws of the State of Florida.
4.7 OBLIGATION TO RENEW
Upon expiration of the term of
this
Agreement, CONTRACTOR
agrees and understands that CITY
has
no obligation to renew
this Agreement.
®
4.8 TERMINATION OF CONTRACT
CITY retains the right to terminate this Agreement at any
time prior to the completion of the services required
pursuant to this Agreement without penalty to CITY. In that
event, notice of termination of this Agreement shall be in
writing to CONTRACTOR, who shall be paid for those services
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
CONTRACTOR shall be made only if said CONTRACTOR to not in
default under the terms of this Agreement. If CONTRACTORS is
in default, then CITY shall in no Way be obligated and shall
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not pay to CONTRACTOR any sum whatsoever.
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4.9 GNttAt, Gftb3'ftC1w8
A. Alt noticen or Othetr communicationa which shall
or may
be given pursuant to this Agreement shall be in
wrItitki
acid shall be delivered by personal service,
or by
registered mail addressed to the other party
at the
Address indicated herein or as the same may be
changed
from time to time. Such notice shall be deemed given on
the day on which personally served; or, if by mail,
on
the fifth day after being posted or the date of
actual
receipt, whichever is earlier.
CITY OF MIAMI CONTRACTOR
3500 Pan American Drive New Washington Heights Community
Miami, Florida 33133 Development Conference, Inc.
1600 N.W. Third Avenue
Miami, Florida 33127
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
shall constitute a waiver of any subsequent breach of
the same or any other provision hereof, and no waiver
shall be effective unless made in writing.
E. Should any provisions, paragraphs, sentences, words or
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 provisionst
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 is
either event, the
remaining term-4 and
provisions of.this
Agreement shall
remain unmodified and
in full force aid
effect.
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4.10 INiS_{�NtlN'T, .CbN'CtACfin
CONTRACTOR and ita employees and agents shall be deetied to
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be indspondent contractors and not agents or employees of
CtT4 and shall not attain any rights or benefits under . the
" Civil Service or Pension Ordinances of ` CITY or ari ri fitti
_
generally afforded classified or unclassified ` employees;
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further, they shall not be deemed entitled to the Florida
Workers' Compensation benefits as an employee of CITY.
4.11 SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the parties herein,
their heirs, executors, legal representatives, successors,
and assigns.
ARTICLE V
5.1 CONTRACTOR CERTIFICATIONS
CONTRACTOR certifies that:
It possesses the legal authority to enter into this
Agreement by way of a resolution, motion, or similar action
that has been duly adopted or passed as an official act of
CONTRACTOR's governing body, authorizing the execution of
the Agreement, including all understandings and assurances
contained herein, and directing and authorizing the person
identified as the official representative of the CONTRACTOR
to act in connection with
the Agreement and to
provide such
additional information as
may be required.
IN WITNESS WHEREOF, the
parties hereto have
caused this
instrument to be executed by
the respective officials
thereunto
-_
duly authorized on the first date above written.
—_
CITY OF MIAMI, a
municipal -
Corporation of the State of
--
Florida
ATTEST:
By
�.
--
NATTY HI RAi
CESAR H,_ 010
-
CITY CLERKCITY
MANAGER
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ATTEST:
CONTRACTOR:
New Washington Heights Coffimunity
Development Conference, Inc.
�o�/—
ion
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.
Dated this 14th day of May , 1990
an individual
individually
WITNESS:
APPROVED AS TO INSURANCE REQUIREMENTS:
INSURANCE MANAGEMENT
0
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
5/02/90/gjd
13
I
cogtORATI ISSOLUTtow
WHEREAS, New WashjWon Heights CDC
desires to enter into an agreement with the City of Miami; and
WHEREAS, the Board of Directors at a duly held corporate
meeting has considered the matter in accordance with the By -Laws
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 terms contained
in the proposed contract to which this resolution is attached.
DATED this 14th day of ME 1 1990 .
THIS AGREEMENT. entered into this day o .�
19., between the City of Miami, A municipal corporation of. this
State hf Florida, (hereinafter referred to as the "CITY", and
HAITIAN TANK FORCE* INC. (HTF), a Florida not for profit
corporation, (hereinafter referred to as the "CONTRACTOR").
FUNDING SOURCE: CDBG
TERM OF THE AGREEMENT: L) / J �(� (`, �L1 G 1
AMOUNT: $ 50.000 _ VENDOR NUMBER:
TAX IDENTIFICATION No.: 59-2255547
EXECUTIVE DIRECTOR Henri -Robert Lamothe
ADDRESS: 5927 N.E. 2nd Avenue, Miami, Florida 33137
TELEPHONE NO.: (30') 751-9783
NOW, THEREFORE, in consideration of the mutual covenants and
obligations herein set forth, the parties understand and agree as
follows:
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:
1.1/ Corporate Resolution authorizing execution of this
Agreement.
1.2 Work Program (approved by the CITY).
1.3 Budget Summary, to include: completion of CONTRACTOR'S
Program/Line-Item Budget/Expenditure Justification, Total
€� Actual and Projected Funds Disclosure, and Staff Salaries
Schedule (on forms supplied by the CITY); budget for,
i program -generated revenues; copies of all subcontracts
and/or management services agreements funded in whole orAu
part under this agreement.
IN ii lFti�MN0 fok FOR)
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Certificate of ttisurance which reflects
CONTIAMIt'5
current liability insurance, naming the CITY
As primary or
additional insured as determined by the Law
4bepartmant of
the Ct'TY; current Workers' Compensation insurance;
current
Fidelity Bond (applicable for all persons who are •
authorized to receive and 'disburse funds
under this
Agreement); and other coverage as deemed
necessary, if
applicable (i.e. automobile insurance).
.1.5/ CONTRACTOR's Corporate Seal (to be of fixed
to Signatory
Page, and Corporate Resolution).
.6✓Copy of CONTRACTOR's Articles of Incorporation,
.Charter and
Bylaws.-
1.7 ✓List of Present Principal Governing Board
Officers and
Members of the Board (names, addresses
and telephone
numbers).
1-8 List of Key Staff Persons. with their titles, who will
carry out this program.
ri-9"� Completion of Authorized Representative Statement.
1.10j/Completion of Statement of Accounting System.
1.11,,.,A letter from an independent Certified Public Accountant
which expresses the opinion that the CONTRACTOR's internal
controls are adequate to safeguard the organization's
— assets.
1.12 ✓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)
Circular A-110. Attachments "A", (Cash
Depositaries),
— "B" (Bonding and Insurance), "C" (Retention
and Custodial.'
Requirements for Records), "F" (Standards
for Financial
Management Systems), "H" (Monitoring and Reporting
Progress
y
Performance). "N" (Property Management Standards), and
- "0" (Procurement Standards).
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151 AcCep Lei ttte rs H egu gt ions +st cup_t s
,! "Dnt,foto Administrative Requiremeitta for Ora fit a and
Cooperative Agreements. to State, total and #ed.eitaIly
Recognitt,ed Indian tribal Governments".
1.16 /Acceptan+ce of policies and Procedures Manual for Cot ounItlt
Based Organizations. £
As a necessary part of thin . Agreement, the CONTRACTOR shall
provide the following documents to the. Department of Community,
Development. in accordance with the requirements of the
Agreement:
A. Final Expenditure Report to be submitted no later than
thirty (30) days after contract expiration.
B. Certified Independent Audit to be submitted sixty (60)
days after contract expiration.
CONTRACTORS receiving monies from the Department of
. Community Development must allocate in their budgets
sufficient funds to secure an annual independent audit..
which must include the expression of an, opinion on the
Contractor's financial statements, and a compliance
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 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 f romp ,the
termination date of the agreement. All books of
account and supporting documentation should be kept by
the Contractor at least three (3) years, for aud:j
purposeso
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2.3 OBLIGATION OF CONTRACTOR
The CONTRACTOR shall carry out the services as prescribed
in its Work Program (Attachment I), which is attached and
incorporated herein and made a part of this Agreement, in a
lawful, and proper manner, satisfactory to the CITY, in
accordance with the written policies, procedures, and
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.
Contractor is aware and accepts the Policies and Procedures
Manual for Community Based Organizations as the official
document which outlines the fiscal, administrative .and
Federal guidelines and which shall regulate the day-to-day
operations of the CONTRACTOR.
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 uader
this Agreement, the CONTRACTOR shall furnish to the CITY
certificates of insurance and bonding indicating that the Y
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CONTRACTOR is in compliance with the provisions of this.
article.
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CONTRACTOR shall provide the follo#lng coverage#.,
,A) Inturafteb coverage that reflocts, sound buginvas
practices acceptable to the CITY's Insurance Mantge-flent
Division of the Law Department.
b) Fidelity bonding for all persons handling .'funds
received or disbursed under this Agreement in an amount
equal to or greater than the maximum amount of cash -
held at any one time. CITY shall be a primary
additional insured on all insurance policies and there
shall be.no exclusions in such policies to override the
CITY coverage.
c) Current liability insurance shall be rated by A.M.
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*
2.5 LEVEL OF SERVICE
Should start-up time for a program be required or any
o 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
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 Agreements 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 f o r other -fundsIn
connection with work which would have been performed:ia,tb
absence of this Agreement*
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2.6 Rt+t�RT... AbiTS AN6 RVAt.OA'tONS
The CONTRACTOR shall comply. with the Federal Wregtiv►e
required. by the 1U.3. Department of Housing and Urban
Development (USHUD) to document that program, activities) are
provided for the benefit of low to moderate income persons*
In accordance with the Code of Federal Regulations .24 CP1
Part 570.506, records shall be maintained for each activity
to determine that servicen 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 Rood cause for the CITY to terminate this
Agreement at any time thereafter.
ARTICLE III
3.1 COMPENSATION
A. CITY shall pay CONTRACTOR, as maximum compensation for
the services required pursuant to Article II hereof,
$50,000.00.
B. CITY shall have the right to review and audit the time
records and related records of CONTRACTOR pertaining to
any payments by CITY.
A. All payments shall be reimbursements for expenditures
-
incurred only during the terra of this Agreement, and is
_
compliance with the previously approved Lino -Item
Budget, Such written request shall contain a statement
declaring and affirming that all expenditures were made
in accordance with the approved budget. All
documentation in support of such request ahaII ba
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strb jdct to soproval by CITY at the time the request is
slade and all invofaea are required to be paid bj►
CONTRACTOR prior to submiasion. All reiftbu►rs rsetits aunt
be its line -item form and be in aceord with this
Agreement. Ail 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
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.
B. 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
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.
C. 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
are forfeited and the CITY shall not honor, any request
submitted after the aforesaid agreed upon period.
D. Any payment due under this Agreement may be withheld
•
pending the receipt and approval by the CITY of all'
reports due from the CONTRACTOR as a part of this '1
15
contract and any modifications thereto.
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3.3 'lNA1,g1A1ACCOU1aLajLt'Cjf
CITY reserves the right to audit the records_ of CONTRACTOR
at any time during the performance of this Agreement< and. for
'
A period of three years after final payment is made under
this Agreement. CONTRACTOR agrees to provide all financial
and .other applicable records and documentation of services
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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 CtTY, 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 (fi) 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
funds or authorization, reduction of funds, and/or change in
regulations.
ARTICLE IY
4.1 INDEMNIFICATION
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;'
activities under this Agreement, including all other act'$.ec
omissions to act on the part of CONTRACTOR, including any
person acting for or on its behalf; from and against any
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relevant orders, judgments, or decrees which may be entered
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agaitist the riltYi, and Eros and against all tooth, attortteylg
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eNPerisoa4 and liatbilities itteutred by the CITY in the
defense of any such claims or In the inveatigatiott t'herieutt
4.2 AMENDMgNTfi
Nb 'amendments to this Agreement shall be binding on either
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party unless in writing and signed by both parties.
4.3 OWNERSHIP OF DOCUMENTS
All documents developed by CONTRACTOR under this Agreement
shall be delivered to CITY by said CONTRACTOR upon
completion of the services required pursuant to this
Agreement and shall become the property of CITY, without
restriction or limitation on its use. CONTRACTOR agrees`
that all documents maintained and generated pursuant to this
contractual relationship between CITY and CONTRACTOR shall
be subject to all provisions of the Public Records' Law,
Chapter 119, Florida Statutes.
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'
property of CITY and shall not be used by CONTRACTOR for any'
other purposes whatsoever without the written consent of
CITY.
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4.4 AWARD OF AGREEMENT
CONTRACTOR warrants that it has not employed or retained any
person employed by the CITY to solicit or, secure this
Agreement and that it has not offered to pay, paid,. or
agreed to pay any person employed by the CITY any* fee,
commission percentage, brokerage fee, or gift of any kind k
contingent upon or resulting from the award of this
Agreement.
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4.5 V0#'t 4'Lk WI4My
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The obligations undettaken by the CONTRACTOR pursuant to this
Agreement shall not be del6gated or assigned to any other
Person Or fit* unless CITY shall first consent in writ.tht `to
the performance or assignment of such services or aril �ett',
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thereof by another person or firm.
4.6 CONSTRUCTION OF _AGREEMENT
fir
This Agreement shall be construed and enforced accdrdtng to
the laws of the State of Florida.
4.7 OBLIGATION TO RENEW
Upon expiration of the term of this Agreement, CONTRACTOR
agrees and understands that CITY has no obligation to renew
this Agreement.
4.8 TERMINATION OF CONTRACT
CITY retains the right to terminate this Agreement at any
time prior to the completion of the services required
pursuant to this Agreement without penalty to CITY. In that
event, notice of termination of this Agreement shall be in
writing to CONTRACTOR, who shall be paid for those services
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 totalsum provided by.: this
Agreement.
—
It is hereby understood by and between CITY and CONTRACTOR
that any payment made in accordance with this Section..to
CONTRACTOR shall be made only if said CONTRACTOR is not is
default under the terms of this Agreement. If CONTRACTOR i,s
in default, then CITY shall in no way be obligated and shal1
not pay to CONTRACTOR any sum whatsoever.
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A All notices or other communications vhidh shall or may
ba" given pursuant to this Agreement -shall be Aft writing
and shall be delivered by personal service, ott .by
registered -mail addressed to the other party at ,tha
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address indicated herein or as the same may be, changed
from time to time. Such notice shall be deemed given,on
the days on which personally served; or, if by trail, on
the fifth day after being posted or the date of actual
receipt, whichever is earlier.
CITY OF MIAMI CONTRACTOR
3500 Pan American Drive Haitian Task Force
Miami, Florida 33133 Incorporated
5925-27 N.E. 2nd Avenue, Mezzo
Miami, Florida 33137
D. 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
shall constitute a waiver of any subsequent breach,: of
the same or any other provision hereof, and no waiver:
shall be effective unless made in writing.
E. Should any provisions, paragraphs, sentences, words or
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 Stato
of Florida or the City of Miami, such provisioe,
paragraphs, sentences, words or phrases shall be deemed
modified to the extent necessary in order to conform
with such laws, or if not modifiable to conform With
such laws. then same shall be deemed severable, and in
either event, the remaining terms and provisions of this
Agreement shall remain unmodified and in full force and a
effect,
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4.10 tlbETtXDM CON'TRACT'09
CONTRACTOR and its employees and
agents shall be deested to
be independent contractors and
not agents or employees of
CITY, and shall not attain any
rights or benefits under the
Civil Service or Pension Ordinances of. CiTt or arty tights '
generally afforded classified
or unclassified employees;
further, they shall not be deemed entitled to the Florida
Workers' Compensation benefits
as an employee of CITY.
4.11 SUCCESSORS AND ASSIGNS
This Agreement shall be binding
upon the parties herein,
their heirs, executors, legal
representatives, successors,
and assigns.
ARTICLE V
5.1 CONTRACTOR CERTIFICATIONS
CONTRACTOR certifies that:
It possesses the legal authority to enter into this
Agreement by way of a resolution, motion, or similar action
that has been duly adopted or passed as an official act of
CONTRACTOR's governing body, authorizing the execution of
the Agreement, including all understandings and assurances
contained herein, and directing and authorizing the person
identified as the official representative of the CONTRACTOR
to act in connection with the Agreement and to provide such
additional information as may be required.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by the respective officials thereunto
duly authorized on the first date above written.
ATTEST:
NATTY HIRAI
CITY CLERK
CITY OF KIAMI, a municipal
Corporation of the State of
Florida
By
CESAR Ho 0516
CITY MANAGES
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C771TTE SEC STAR
WRIEN-JEWLY
of the City of Miami's
undersigned, guarantee
GUARANTEE
in Lonsideration
execution of the foregoing Agreement, the
the performance of the terms and •
conditions in said Agreement requited to be performed by the
CONTRACTOR including but not limited to the provisions relating
to default, assurances, and certifications.
Dated this day of
f
1940
an individual
— By
individually `
WITNESS:
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APPROVED AS TO INSURANCE REQUIREMENTS:
INSURANCE MANAGEMENT
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
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— 5/02/90/gjd
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C.,
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WHEREAS,
desires to enter into an agreement With the City of Miami; and
WHEREAS, the Board of Directors at a duly held corporate
meeting has considered the matter in accordance with the By -Laws
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 terms contained
in the proposed contract to which this resolution is attached.
DATED this ��d day of 19
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. CtTY OF MIAMI, FLORIDA M
,j COMUNM BASED ORGANIZATION (CSO)
THIS AGREEMENT.. entered into this day of
19 between the City of Miami, a municipal corporation.of the
State of Florida. (hereinafter referred to as the `CITY"), and u
COCONUT GROVE LOCAL DEVELOPMENT CORPORATION, INC. (CG1LDC), a
Florida not for profit corporation. (hereinafter referred to as
the "CONTRACTOR").
FUNDING SOURCE: CITY OF MIAMI, CDBG
TERM OF THE AGREEMENT: ONE YEAR
AMOUNT. $ 50, 000.00 VENDOR NUMBER:
TAX IDENTIFICATION NO.: 59-2056758
EXECUTIVE DIRECTOR DAVID J. ALEXANDER
ADDRESS., 3582 GRAND AVENUE, COCONUT GROVE, FLORIDA 33133.
— TELEPHONE NO. • 446-3095
NOW, THEREFORE, in consideration of the mutual covenants and
obligations herein set forth, the parties understand and agree as
follows:
ARTICLE L
As a necessary part of this Agreement, the following documents:
which have been provided by the CONTRACTOR and approved by the
CITY are attached•
1.1v Corporate Resolution authorizing execution of this
Agreement.
J1.2L/Work Program (approved by the CITY). f
�I.3{/Bad get Summary, to include: completion of CONTRACTOR'$
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Program/Line-Item Budget/Expenditure Justification,, TQt�1
Actual. and Projected Funds Disclosure, and Staff S41,40ppc
Schedule (on farms supplied by the CITY);• budget "$)T
program -generated revenues; copies of all subcontracts ;s`5
and/or management services agreements funded in who a ar to
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part under this agreement. }}�
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1.4VCertificate of insurance which reflects CONTRACTOR'S
current liability insurance, naming the CITY as primary or
Additional insured As determined by the Law Department of
the CITY; current Workers' Compensation insurance; current
fidelity hond (applicable for all persons who are
authorized to receive and disburse funds under this
Agreement); and other coverage as deemed necessary, if
applicable (i.e. automobile insurance).
1.5V CONTRACTOR-s Corporate Seal (to be affixed to Signatory
Page, and Corporate Resolution).
1.6✓ Copy of CONTRACTOR's Articles of Incorporation, Charter and
Bylaws.
1.7/ List of Present Principal Governing Board Officers and
Members of the Board (names, addresses and telephone
numbers).
1.8 List of Key Staff Persons, with their titles, who will
carry out this program.
1.9✓ Completion of Authorized Representative Statement.
J 1.10✓ Completion of Statement of Accounting System.
.1 A letter from an independent Certified Public Accountant
which expresses the opinion that the CONTRACTOR's internal
controls are adequate to safeguard the organization's
assets.
1.12/Corporate Personnel Policies and Procedures.
1.13J/ Job Description and Resumes for all positions funded in
whole or in part under this Agreement.
1.14 Acceptance of Office of Management and Budget (OMB)
Circular A-110, Attachments "A", (Cash Depositaries),
"B" (Bonding and Insurance), "C" (Retention and Custodial
Requirements for Records), "F" (Standards for Financial
Management Systems), "H" (Monitoring and Reporting Progress
Performance) , "N" (Property Management Standards), *ad
"0" (Procurement Standards).
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1.15 Acceptance of HUD Regulations 24 CPR pert 85
petitled
"Untf.orm Adtot niatrat1va Re4uirement6 for Crahta attd
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Cooperative Agreements to State, Local end
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Retognited Indian Tribal Governments".
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V1.16/Acceptance of Policies and procedures Manuel for
Community
Based Organizations.
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As a necessary part of this Agreement, the CONTRACTOR shall
provide the following documents to the Department of
Community
Development, in accordance with the requirements
of the
Agreement:
A. Final Expenditure Report to be submitted no
later than
thirty (30) days after contract expiration.
B. Certified Independent Audit to be submitted
sixty (60)
days after contract expiration.
CONTRACTORS receiving monies from the Department of
Community Development must allocate in their budgets
sufficient funds to secure an annual independent audit
which must include the expression of an opinion on the
Contractor's financial statements, and a compliance
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 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. this
termination date of the agreement. All books of
account and supporting documentation should be-kogt by
the Contractor at least three (3) years fort avd'It
purposes.
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The test' 0,. this A#reeeseitt shall be from Au. 1.i-�.1.r+��S�(i
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2.2 CtTY AItTNC1RZATI(lN
For the purpose of this Agreement, the City of Miami
Department of Community Development (hereinafter the
"DEPARTMENT") will act on behalf of the CITY in the fiscal
4.
control, programmatic monitoring, and modification of this
Agreement, except as otherwise provided by this Agreement.
2.3 OBLIGATION OF CONTRACTOR
The CONTRACTOR shall carry out the services as prescribed
in its Work Program (Attachment I), which is attached' and
incorporated herein and made a part of this Agreement, in a
lawful, and proper manner, satisfactory to the CITY, in
accordance with the written policies, procedures, and
—
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.
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Contractor is aware and accepts the Policies and Procedures
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Manual for Community Based Organizations as the official'
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document which outlines the fiscal, administrative and
Federal guidelines and which shall regulate the day-to-day
operations of the CONTRACTOR.
2.4 BONDING AND INSURANCE
CONTRACTOR shall maintain insurance and bonding coveragaw
-
acceptable to the CITY's Insurance Management Division' -o7f '
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the Law Department. Prior to commencing any activity und'slt
2,
this Agreement. the CONTRACTOR shall furnish to the"�I�'f
certificates of insurance and bonding Ind 'cating they:" th1e.
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CONTRACTOR is in compliance with the p�rovisiuns of t'hf.e,.
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article.
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c) Current liability insurance shall be rated by A.M.
Best-s as to "A" Classification and 'IV" as to financial
site.
Compliance with the foregoing requirements shall not relieve the
CONTRACTOR of its liability and obligations under this section or
under any other section of this Agreement.
2.5
LEVEL OF SERVICE
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
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 noc 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 lA ,tire
absence of this Agreement.
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2.6 ItT;t�t�TS, ..AtlillT..aA1�b,VALUA'IclN9
The CONTRACTOR shall comply with the Pedetal Dttedtive
required by. the U.S. Department of Housing and Htbati
Development (USHUD) to document that program activities ate
provided for the _benefit of low to moderate income pet;sonso
In accordance with the Code of Federal Regulations 24 CPR
Part 570.506, records shall be maintained for each activity
to determine that services benefit low and moderate Income
i
persons.
At the request of CITY, CONTRACTOR shall transmit to CITY
I 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
3.1 COMPENSATION
t
A. CITY shall pay CONTRACTOR, as maximum compensation for r:
the services required pursuant to Article II hereof,
- $50,000.00.
B. CITY shall have the right to review and audit the time
records and related records of CONTRACTOR pertaining to
Any payments by CITY.
A. All payments shall be reimbursements for exPendi,tu,rep''
incurred only during the term of this Agreement, and in
' compliance with the previously approved Lino— Ir#�p _
Budget. Such written request shall contain a. statement 5
declaring And affirming that ail expenditures were x,440 ,
i pp budgets
n accordance with the approved
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dotutaghtation ih support of such request shall be
st bJett to appr6vAl by CITY at ' the time the r qd dt �
made sill invoices are required to be p&'IA ,by
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CCiNtRAtTOR prior to submission. All roimbursemehts Akiiat
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be In line -item form and be in accord with ' thia
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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
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,
B. 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
-
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,
C. CONTRACTOR must submit the final request for payment to
the CITY within 30 calendar days following the
�-
expiration date or termination date of this Agreementg
If the CONTRACTOR fails to comply, all rights to payment
are forfeited and the CITY shall not honor any request
submitted after the aforesaid agreed upon period
0. Any payment due under this Agreement may be;withheW
pending the receipt and approval by the CITY of --alai
reports due from the CONTRACTOR as a part of thi<* =
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contract and say. modifications thereto*
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3.3 V1�460C I,A�CCOQt, zt T
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CITY reservesthe right to audit the
records of �SONTRACTOR
at any time during the performance of
this Agreement and =for
a period of three years after final
payment is made under
this,Agreemt-nt. CONTRACTOR agrees to
provide all financial '
and other applicable records and documentation of services
to CITY. Any payment theretofore made shall be subject to
reduction for amounts included in the
related invoice which
are found by CITY, on the basis of such audit, not to
constitute allowable expenditures.
Any payments made. to
CONTRACTOR are subject to reduction
for overpayments on
previously submitted invoices.
3.4 RECAPTURE OF 'FUNDS
CITY shall reserve the right to recapture funds when the
CONTRACTOR shall fail (i) to comply with the terms of this
Agreement or (ii) to accept conditions imposed by CITY at
the direction of the federal, state and local agencies.
3.5 CONTINGENCY CLAUSE
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
F
funds or authorization, reduction of funds, and/or change in
regulations.
ARTICLE IV
4.1 INDEMNIFICATION _
CONTRACTOR shall indemnify, defend and save CITY harmless
from and against any and all claims, liabilities, lasses,
and causes of action which may arise out of CONTRACTOV 4
activities under this Agreement, including all other act$ or
omissions to act on the part of CONTRACTOR, including any
person acting for or on its behalf; from and a,geiest any.' r�
relevant orders, judgments, or decrees which may be entered
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all'ttistthe CITY; and f torn and against all Costs, attorney*'
fees,' 'expenses, and liabilities Incurred by the CM in the
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dbEense of ' any such claims or in the inites igation thdre6f'is
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4.2 AMENDMENTS
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 bOCUMRNTS
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 Riven by CITY to CONTRACTOR -
pursuant to this Agreement shall at all times remain' the
property of CITY and shall not be used by CONTRACTOR for any'
other purposes whatsoever without the written consent of
CITY.
4.4 AWARD OF AGREEMENT
CONTRACTOR warrants that it has not employed or retained any'
;<
person employed by the CITY to solicit or secure'' this'
Agreement and that it has not offered to pay, paid,' or
agreed to pay any person employed by the CITY any
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commission' percentage, brokerage fee, or - gift ` of any kind
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contingent upon or resulting from the award of this '''
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The obligations. undertaken by the CONTRACT09 purauatit po this
Agreement shall not be delegated or assigned to any . uttit-t
person or firm unless CITY shall first consent in writing to,:
the performance or assignment of such services or any partP.
thereof by another person or firm.
4.6 CONSTRUCTION: OF AGREEMENT
f'
This . Agreement shall be construed and enforced according to
the laws of the State of Florida.
4.7 OBLIGATION TO RENEW
Upon expiration of the term of this Agreement, CONTRACTOR
agrees and understands that CITY has no obligation to renew
this Agreement.
4.8 TERMINATION OF CONTRACT
CITY retains the right to terminate this Agreement at any
time prior to the completion of the services required
pursuant to this Agreement without penalty to CITY. In that,.
event, notice of termination of this Agreement shall be in_
writing to CONTRACTOR. who shall be paid for those services
performed prior to the date of its receipt of thenotice of
a{
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 Sect lqu tQ
CONTRACTOR shall be made only if said CONTRACTOR is not In
default under the terms of this Agreement. If CONTRACTO$., s
in default, then CITY shall in no way be obligated and shall:
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not pay to CONTRACTOR any sum whatsoever.
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4169 GENERAL CONDMONS
A All no''t een or other communications which shall or thiq
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
3500 pan American Drive Coconut Grove Local Development
Miami, Florida 33133 Corporation, Inc.
3582 Grand Avenue
Miami, Florida 33133
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
shall constitute a waiver of any subsequent breach of
the same or any other provision hereof, and no waiver
shall be effective unless made in writing.
E. Should any provisions, paragraphs, sentences, words or
phrases contained in this Agreement be determined by a
court of competent jurisdiction to be invalid, illegal31
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 to
either event, the
remaintag terms emd
provi.si.on# of this'.;..
Agreement
shall
remain unmodified and
in full force aa4
effect.
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CONTRACTOR and its employees and agents shall be deemed to
be independent contractors and not agents of esployees of
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CITY, and shall not attain any rights or benefits ,under the
Civil Service or 'pension Ordinances of CITY or any, rights =`
generally afforded classified or unclassified employees#
further, they shall not be deemed entitled to the Florida
Workers' Compensation benefits as an employee of CITY.
4.11 SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the parties herein,
their heirs, executors, legal representatives, successors,
and assigns.
ARTICLE V
5.1 CONTRACTOR CERTIFICATIONS
CONTRACTOR certifies that:
It possesses the legal authority to enter into this
Agreement by way of a resolution, motion, or similar action
that has been duly adopted or passed as an official act ` of
CONTRACTOR's governing body, authorizing the execution of
the Agreement, including all understandings and assurances
contained herein, and directing and authorizing the person
identified as the official representative of the CONTRACTOR
to act in connection with the Agreement and to provide such
additional, information as may be required.
IN WITNESS WHEREOF, the parties hereto have caused this
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instrument to be executed by
the
respective officials thereunto
-
duly authorized on the first
date
above written.
CITY OF MIAMI,
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a municipal
Corporation of
the State of
Florida
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ATTEST
�T
By
ATTY RAI _
CESAR H. Op10
CITY CLERK
CITY MANACER
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ATTEST!
CORPORATE SEGRtTARY
GUARANTEE
I' RiCI1,491) /IDL-'pN 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.
5/02/90/gjd
13 �.
desires to enter into an agreement with the uxcy or nLama;.aua
WHEREAS, the Board of Directors at a duly held corporate
meeting has considered the matter in accordance with the Bye -Laws
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.
DATED this 8th day of May , 1990
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BOAR F DIRECTORS CHAItfP8R80N
SECRETARY
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RECOMMENDATION:
it is respectfully recommended that the City Commission adopt the
attached Resolution authorizing the City Manager to execute
individual contracts with four (4) neighborhood economic
development organizations, for the fiscal year 1990-1991 contract
period . to be funded from Sixteenth (16th) Year Community
Development Block Grant Funds.
BACKGROUND:
The Department of Community Development (DCD) has analyzed the
need to enter into contract with four (4) economic development
Community Based Organizations (CBOs) for fiscal year 1990-1.991
beginning July 1, 1990 through June 30, 1991..
The Community Based Organizations (CBOs) have been the City's
primary outreach vehicle to assist the different communities icr
developing their economic development programs and/or projects.
The City's objective in funding the CBOs is- to provide an
opportunity for neighborhood economic oriented groups to;
coor;iinate the City's economic development, efforts at the_
neighborhood level. This involves promoting the redevelopment
acid revitalization of Commercial/Industrial activity 'in targeted
low and moderate income neighborhoods• and thereby stimulate
investment activities.,
The CEOs also provide nei.Rhborhood.,.outreach services to the, local'
business community. These services include, but are not limit0
to, the formation and/or strengthening of* a - merchan
association, busines's recruitment, target area prpma't Qn,
referral . service to other federal and county programs that are
aimed 'at economic revitalization, and buss -nose retenCioQ ,
assistance and/or opportunities.
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04.1k
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i
Honorable Mayor and Members
t
of the City .Commission
Page 2
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During the 'Last contract period, the
CBOs received Community
Development Corporation (CDC)•training and project assistance.
j`
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
eva•luation,-it is recommended that .the following CBOs be funded
for the contract period and the amounts
specified:
CONTRACT
CBO
AMOUNT PERIOD
—
1. Coconut Grove Local Development
$50,000 1 Year
Corporation, Inc.
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2. Haitian Task Force, Inc.
50,000 1 Year...
3. New Washington Heights Community
50,000 1 Year
Development Conference, Inc.
4. Small Business Opportunity Center,
Inc. 50,000 1 Year
Funding of the above organizations is
subject to approval of each
work program by the U.S. Department
of Housing (HUD) to Assure
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compliance with federal mandated guidelines.
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