HomeMy WebLinkAboutR-90-0415J--9o--415
5/24/90
RESOLUTION NO.
0" 415
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING
THE CITY MANAGER TO EXECUTE INDIVIDUAL
CONTRACTUAL AGREEMENTS, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH FIVE (5) 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
six (6) individual contractual agreements, in substantially the
attached form, with the following neighborhood development
agencies, for the amount 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 (16th) Year
Community Development Block Grant:
CONTRACT
CBO AMOUNT PERIOD
1. Allapattah Business Development $50,000 1 Year
Authority, Inc.
CONTAINED
CITY G� OFION
J� EE
J U N 7 1990
9A - 415
C J30
CONTRACT
AMOUNT PERIOD
2. Downtown Miami Business Association, Inc. $50,000 1 Year
3. Greater Biscayne Boulevard Chamber_ 50,000 1 Year
of Commerce, Inc.
4. Little Havana Development Authority, Inc. 50,000 1 Year
5. Martin Luther King Economic Development 25,000 6 Months
Corporation, Inc.
Section 2. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 7th
CITY CLERK
day of June 1990.
XAVIER L. SUA EZ
MAYOR
COMMUNITY DEVELOPMENT REVIEW AND APPROVAL:
l
FRANK CASTANEDA, DIRECTOR
D&PARTMENT OF COMMUNITY DEVELOPMENT
I
BUDGETARY REVIEV�AND APPROVAL:
MANOHAR SUR , DIRECTOR
DEPARTMENT F BUDGET
PREPARED AND APPROVED BY:
ALBERT NE B. SMITH
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
` JO 2GE L'. FE kNANDEZ
CITY A`ITORN'EY
M1524
9Q- 415
_2_
r; i 'r Y t) F ri 1 1, o
r;u;iM1Tl )I TY 1iAS1`1) ()1 tGANT7•AT10N ( C R 0 )
1'11 ! S AG1l1F,t INF:NT , cent I,rt,d i n t n th is d ay f)f ,
19
._._, b C tW0011 1))r City of Mi Ii .1 milli fcil):11 corporntiorn of ttic_1
StAlt• OI FIC,ritj.l, (hereinafter referrt-'ttl n t h o "CI•rY"), and
A 1,f.APATTAH BINS INRSS DEVELOPMENT AUTHORITY, INC. (ABDA), a FIori-da
n0)t ) ir 1)roI i t cort)t,r•ttion, (hvi (,I naf'ter rui rrred r_o as thr
r�C()!` J' i:At. ('0 P" ) .
FUNDING SOVRCIi-, : t.�t�ltl) � � � , t ACT Fi,�"x-,
T E R H OF THE AGREEMENT:
AMOUNT: $ ! �4 'C ��' VENDOR NUMBER: `
TAX IDENTIFICATION NO.,-
h
EXECUTIVE DIRECTOR
ADDRESS d\ _ :r �� i T ' t,L` ";( ^•_>~I ; _�! tl(l; i ice! 1L`! -33 4_
TELLPHONE NO..
NOW, THI"REFORE, in consideration of the mutual covenants and
)bl i ;:;t ! )nt� her in ;c•t forth, the p,.rt ies understand and agree at;
ftl I 1 tw�,
ART1CLF I
ncrc>;s,.ry ))art, of this Agreement, the follocainp., document
wilich halve bI een provided hy- the CONTRACTOR and approved by the
CI.1'Y ,)tt• lttarh�i:
l .f COIpit r,lte R(,!: oIuiion autflorir.ing t•r,ecutiOn of thi-s
Ali!,
! .:? Work fr,-);ram (approved by Llie CITY).
l;utl;;t-t StImir):l ry, to i nC I(Id e: complet I on of CONTRACTOR-S
Nr ))tr,im/Li nt..,--I t tam Budg t./f;xporldit lit e st i f i c a t i ori, Total
Acru:iI ind Pr•t)jectG-d funds Di5cloa;Llt- arid Staff Salaries
Schedule (c)11 form:; suf)pIied by the CI'l'Y); budget for
pi ,', Fart GI -- ).°, t • Il •.- 1-;1 t, t' d r o t) i es t ) 5 u 1) c o I) t. 1A C L :.,
.1 ' I • i ; r , r' N). i it • :' �' il t' 1) r r' C `-' 1 l' �' `� a 1`, [' C' l' it'i C ll t c. !1 I) (: ii 1 I1 11 U t'. or r ill
li., r l I ii l t t ii) 1)r r i=ir•ri i )HEN Kfuhl'l)gG iuv%, lul
HVIEV4, PLLASE IDENTIFY AS
�'°' 415
r r i I i c,It r, off I;!!;II!,:Irtrn whirl, rrf I r,r t, . C(I*JJPACTr)R"S
t :II rent 1 i:Ihi i.i t:y i nr;I,ran;Imi ntr t h r CITY Is 1)r1m,-ir-y or
1(Id i t i oria I i n ;urrd ;It; d(It erini n e d by the Last Department of
111 CI Ty; riIt-rerlt 14orlcer!" Coinpen;I ii iilsnratic curr(Int
Fi do 1 i ty I31>1)d (a p))li-c:thte for all pc,rson!; who a r o
;lilt horized tf7 receive and di.Ghrrrse fulid s under this
A,crer-inent); and oLher coveray;e ;!s deEmt 1 nerce,sary, if
-1 cahI e ( i . e. aIILomo le i nsurance) .
1.5 Cr)INTRAc,r0R's Corporate Se;I1 (to 1) (1 affixed to Signatory
Pas,r�, and CflrporatL• Re,aoIuti_ oil)
.
1.6 Copy of CONTRACTOR's Art ic]es of incorporation, Charter and
8•�i:ttas,.
1 .7. Li st. of Pr?>,ent P r i n c i p:II Governinn Hoard Of ficers Irid
�M(2m1) rs I,f the 13o;Ird (name~, addre e!; and teIeplhone
rtumher,).
l-8, Li',L of Key Scoff- Persons, with their titics, who wi11
carry oat this 1)roi;ram.
1.9 Cc,mpIotion of' Authrlrized Representative Statement.
1.10 CC) mpieti(fn 0 f StALPMent or Accounting System.
I.11 A letter Iom an i n d e 1) e rid e it t. Certified Public Accountant
which ex1)rc:;su5 t1)e opinion that the C0NTRACT0R's i.ntern;al
cf,ntr-r>1s ;Ire ;idegtIiIte to safet;taard the orya nization"s
I ;et.,.
1 I Z C ,I ptlrar1 i ci c,>; acid Procedlrres.
1 1 3 ;ri pt i on valid 1:oslrine:; i or al positions funded in
wII„ir oI in praI itudiIr t:tlis AgI eeinent.
1 . 1 Accept ancC of Of f i ee of I.lrari:agement and Bud};et (OMB)
CiI-cuI;Ir A-110, Att.ac.hrnents "A", (Cash Depositaries),
(i�r,ndiTip :Ind ]astiI anre), "C" (Retention and Cup>todia]
flllirt'mt_rtis for RQ,cord5j, "F" (St;andaI-dfor Financial
'lan"Ig(.III erlt Sy;teIns), "li" (Monitor1rig and Re1)or.tiiig Pr. ogress
or,01.1111.,e), "1\" (1'ropeI-ty Maniagl.lInent SLandard5), and
n fr _
(1 r f) c it I- orq o it t to it d,f vd .`S/
1 I i Ack,-1)t,inre of III r1) f'f,yrttl;!r Ion,' 24 CPR Part R5 ctitit1-d
"Ilnifttrin AdmiIII str-nt ivr, Rr,gtIiroinontti for t,rI and
C(;O1)vrarIVe Aslr(-�em4-,nt ; to St ato, I,c)c;lI and 11 eder.113y
R(IcogTii.:ed Inrliarl TrIhnI f;ovr,rnrrtent .".
A , chta?-I cif Pc)licir�s; ,tad 1,r I(-odnr*1"nua1 for ComMil nity
R:?s;ecl 0rgnni Ztt. I o a .
As n n(,c-es<5;lry 1)nrt of this Af regiment, tItP CONTRACTOR shall.
prnvI'IV the fol lowing documents to the Department r)f. Community
DevelopPit ertt, in acc()rd;lnce with tilt' requirements of the
Aurecmc�,l t :
A. final I?xpondiLit re Roport to be submittod no later than
thi I-ty ( 3 0 ) d;Iys nfrer coat -race expir:3tion.
R. Certi fi -ed Independent And t to be snhmi teed sixty (b0)
day; :alter contr;,ct, e>;Itirntion.
CONTRACTORS r(-cc1ving manic>; from the Department of
Community 1)evnlnpment mint allocrate in thei r budgets
sufficient funds to secure an annual. independent audit
wlli cl-t nlw,t i nc ludo the expression of an opinion on the
Co tit racre) r's fin;lncial ;tatetne-nts, and a
compliance
IetLer .t;Itinf; w}letIter the CONITR.ACTOR i-in
conformity
with fcdcaral grant_ res;ulations (Office of
Mana};eInvnt
;and 11udfTet Circular A-110). Said audit
must be
:ubmi tted no 1at(2r than sixty (60) days
.after the
c xpi rnr Ion of the Community 1311scd Organization
= a,r,r-et'1)101)t with the Department of Community Development.
'file city of Miami's 1)epartnleilt of Internal
Audits and
Review:; hall ti;rve the :authority to review
CONTRACTOR
rcocor(I Irlcictdi I I)t-ogr;:onIna tic records acd
books of
tcc�unt for a I)crictd of uh t.o three (3) years
from the
rerini n;jt i ur; d;lt e ctf t he ;iy rvern0nt. A11
books of
;tcco+:nt an(i s11)1)0rCin;; (Iktc(Imtntill tion. should
be kept by
tItc Contract<tr 91, Ica:>t three (3) years
for audit
I)urhnses.
t
�f
AR -r 1 CI,K ) I
i
i
i 1:1'i1: OF 1' IiFOR !IIANC.F. I�
r- rt i f t. It i>; A g r t ern r n t ; I,,, l i t7 f f t u m i, t l y _II i c) 9 n to
1 rnt, 111), 1991.
? .2 Cl TY AUTifOR 17,AT1 ON
For the ptarpo"e of this Agreement, the City of Miami
Department t)f CommuniLv Development (her_einafter the
"UE13ARTPII NT") will act on behaIf of the CTTY in the fiscal
cant ro I, progrnmmaric monitoring, and mods ficat ion of this
A,=re(1lit etit , OXCt2i,r ;IS otherwise provi.ded ',av this Agreement.
2.1 OBLIGATION OF CONTRACTOR
The CONTRACTOR sla.a]] carry out the services ns prescribed
in its Work Program (Attachment I), which is attached and
incorporated herein and made a part of this Agreement, in a
l ,wtul, and proper manner, satisfactory to the CITY, i.n
awritten poiicies, proceyditres, and
req,iirements as prt;cribt>d in this A){7 o ent, as set forth
by the Urai Led St:;ates Secretary of Treasury and the City of
i4iaini 1)e p;trtinent of CoInmuni ty 1)evelopinent.
Ctanrra.ct0raware and accepts the Policies and Procedures
"i.tnita 1 for Ct�mPitt t7i t y ]lased Organi zations as the off icial
d,tt ttm .rnt whi ch oil 1 t nee the f i sca 1, ;admi nist rat i v e .and
t AoI Aguirlol i ncrs :and whi ch sh:,ll rertil_att_ the d, y-to-day
t>t r:t t i can>- o! t tar CONTRAt:' MIt.
t
i
2.4 j,, 1)1 N AtN1) 1 Nt;IIRAN';I?
C't)P:1'RA,TOK ,heal] Ilt;ainrain in Itr,nnce anti honding coverages
tc,tnt;thit• to the c":1TY":; 7nsurrtnC,e Ma11;Igement 1)ivisi.on of
CItt t,:to! 1)e:-p;tr'till ecnI Piior tc7 commencing rant' :activity ladder
this Agreement the CONTRACTOR shall furnish to the CITY
ct�rlilic�atc��; ti i.nsuractcc� anti 1)ondiny; indicat.ir�g that th
N'I'KAt:')t)ii i s i n com171 i,artc•c tai t1t tine prr)visious of t I
trtic 1.
- 9 - 415
2
ha1I ;,r:•
i d P the In11av1n r ;, ..,,<<:;:
?t
Ii1,lt1'IItc't•
?.' vt•!•1j, ti?0r. rvi1ecrn
.0ttrlri bttq.inVcR
pv"cricr.;
:vcppr.tbli to the CITY's incitr:ance
Management
r,
Ui vi- si „n
of L11 l,aw 1)e1)artment
4 -
bl
Fi del i ty
1)oitdIng for al l persons
Y _
hand ing funds
i c•cei veil
or disbursed under- this Agreement in an amount °
equal to
or greater than the maximum
ramottnt of cash
held nt
any o n v time. CITY sh.ail
be a primmry
additionnI
insured on al l 1nN"rance polic1.es and there
shall he
no exclusions in such policies
to override the
CITY coverage.
cl
Current
liabi I i t y insurance shall he
rated by A.M.
Best "s as
to "A" CInssi fication and "V"
as to financial.
.size.
C"Mpl iar,ce
with the
foregoing requirements shall
not relieve the
CONTRACTOR
of its liability
and obligations under
this section or
under iny
other- section
of this AgrotmvnIL
2.5 LF.l1EL O SERVICE
Sho?tl_d start-up time for .a program he required or any
deINVs in service occur, thin >)r-partmont of Community
D t'lopmunt is to bp iintified in writing iillmediately,
giving :all pertinent det.-aLIs and i n d i c a t i a g when service
` ha 1 1 buyI la and/or conL i nue. I t 1s "nderStood and agreed
I.h:It th,r l,'Vel of qvrvices, artiviLies, and expenditures by
IK- CON"1'itici FDR, 1n VXiqtVnCii prier to the initiation of
a a r v i u u n hoivoridvr, shall he continned and ,hall not be
i , doc k-d in any way ,as a result of this Agreement. Programs
Ionded thro"gh this Agreement shall not result in the
di4pI icumont "t employed t:'oHers , impair existing contracts
f " r WVrvicv,, or result 1n thy, substitution OF funds
a 10CMred undPr dais Agreement for other fitrids in
ft„11 to ps,, \Jl t 11 wo1-1•: winch would have been l erformed in t-he
I it C' t ', I t 1i i :> AJ' r') i'ID c 111 .
90- 415
Z.fi R1':P PTS, AI1h1TS ANT) I:�'AI,VATI()NS
I110 C,ONTRACT()R "lin11 r-omply with thr FF,(Ier.11 pi reactive
re(Jui r(}d by the 11,S, Department of 11')tt-ing ;in(I Urhan
Devetopme•nt (13SIt11D) trr documrn1" that pro}?ram activities are
1)rovI(Ic'd for rile hens=fit of low to moderate income persons.
In iccordance (,cult the Cole of Federal. Regulations; 24 CF'R
11•irt. 57O.5O0, records shill he maintained for each activity
to determine that ;ervices benefit 1r)W grid moderate income
pertionI; .
At: tite I-I,que:;1 of CITY, (,0NTRACTOR shnII transmit to CITY
written tit,Itements of CONTRACTOR-s official. policy on
speCifi('cI i!,r.11>s rel:ati.ng to C(1NTRACTOR's activities.
;ITY may c,iI- ry oil monitori(Ii? and eva111.ltio11 itc_tiv%ties,
iitcIitding vi.I,icc; and observations by (: TY -,tat-f; CONTRACTOR
enr;111'e t-I)e Cooper It ion or i is empinyees and 1? lard
In(mhe,1- in such c•:fforts. Any i!iconsistenC inComp1ete, or
in,i(Iequato I nformat ion ei tiler received by the CITY or
:tt t .)i nod throucTh mnni tor. ing and evalu tr_ ion by thc- CITY,
sli,tl I c:tns,�itut e good c:iu-,e. for the CITY t-o terminate this
Ay I-ec'tneitt. It ,inv t iine t It (,!- o:i f ter.
ARTICLI-. i I T
= i
3.1 ('(t11111:NSATI0N
A. C:I'I'Y ;h:iI1 p.ty CttNT'RACTO11,, as tnatiiIII taIII coinpeIt;ati.on far
tIt :ervicr, I-ogitirod pur;u;inC to Article li hereof,
B C',ITY It:III have tIte ri};IIt to review clad audit the time
t r irdre Iud I- I.ttid record~ of CONTRACTOR purtaining to
anv p.tymentr; liy Cf •I'Y.
- S
A. Al I p:tytit( n t s ,h;i1 1 he rrinllurSell) ont for rx1)e11dit(Ires i
i
)
incurred oitI.y ditriit g the term of this Agreement, and in
S
a
ru11") -1nce with the previously al,provr_d Line - Item
IIurl,r(t :;uch writ t t_-n rooite ,t •;Il aI l c 111t;Ii 11 r st.1t e Me11t
cI;iI-i it I, i((td 11 f ! rnii it tItiit i'i1 I 0vj)c11di t11rr'S WeI't' tndde
in tCt�t,I- aI'LC( w tII C11e 1)1)1ovecl dt;et. ll1
- „� 415
elocnment ati nn i n witp1) r t of 1neh r(,g11r—,t steal l b(�
-,u1) le(•r t , I r v a 1 by C1`i'y at the t im(, t he reglte-:t is
71;tr_lt' ;tnt1 ;a I I i II i 1,o It' re,;11i red t o 1)e 1)a1(1 by
l;U�ifP1%(T0R 1)ri_')r to t;uhmis.-;ioil. AI I rciin1)ursem('nt, muat
he in I i ne- item form :Ind he i_rt accord wi th this
A,r, cinenr.. Al I (-x1)en(Iit.,ires m115L he verified 1)y
oril,itr:tl invoice wit11 n cof)y 01 the check which was us(2d
Lo hay that s1)e 'i f i c i nvoi ce. 1Ji gain 60 days of
subin! tt in1, reimbur-';emertt. requcSt, co1)i.e-, of tine
c:lrC('I I o It cheek; �;h,al 1 1)o s;rlhip, lrt(-d. In the event that
.11, i11vojet, is paid by v;ariou, fitnil in�r sources, a copy of
the irtv,)ic(! ill ay l)r s;ltbin itLed hltt rim L indic.are the cxaC'r.
+mount f):tid by various funding ,ourceti egti,A i.ng the
total of the ir)vc)ice. No iniscctlaneou, r.ateF,oI— es shad
he acc('l)tr,d as a line item in tine hudget, Fteduest for
line —it('m citaaageS :ire nllowahln, with prior review and
;approval by the CTTY. All Line — item changes must be
mrtde p r i o t1) the end of the term of the agreement.
(; I;, clI10 Cor p;tyIll ent Should ht math: t ICitSt ort a
monthly ba5i ,. Keiill hurtiemcnt V"q11 :ts Should be
Submi ttcd to t11e CITY wi Lhin thirty (30) caIendar days
fi
::after the inki(rI-)tedI,esr; 11;1s been incurred. Fai.Ill re to
,
comp I y m:iy resit It i.n the re,j e c t i ort for repayment of
1
= those invoices witit i.n the roimbur.sement package which do
not meet: tlii;; requirement.
must 5ul)mFr Lh( finial reque!,t for payment to
the CITY within 30 c:al_andar dayr; foIlowing the
—= ex1)irittion date or termination date oI' thi.s Agreement.
I
I f the CONTRACTOR fails to co1111)1Y, ai.I rights to payment
=+ trr ioI- ite(I and t ie CITY shall not honor any request
ut):nittrd 1fLc-r the afore5:ai.d ragrc d upon period. j
1
1). Any p<tYin enif, dlte under this Agreement may be withheld
1,t �1di the. and it1)provsi hV the CITY
r, sort., dur 1 rom th( CONTRA(;TOI s a part of this
l'uttt tact all(i -iny 1ttOtia 1 t t :at ) U1)S L1aPrt'Lo.
1
90— 415
LA
J 1' N:1 JC I A1. ACC()IiNTAIi 1 i., 1 iY
f; 1 ('ti T e�:hrvn t 110 ri I'II I t o nl+dot rIir rc•c.o1- of CONTRACTOR
;It I It t i in t, (Iiiri ng the pf`rf orCla i.cP 0f th 1R Agre ome.nt :Ind for
a P yield (1f three years ;Ifter finai haymonI- it m-idn under
thi': A.;I-eoni.iI C0NTIZACTOR ,igrcs to 1)rvide :II I fin;i11cfal
.Ind Other 'IPPlicahte I-('c')yds and docnmrnl;it1.1;n of ;ervices
to i ITY.
Any poyinent
thererufore mad
e suhject L0
rednci i 1n
Lur :imuullt-;
itic lndcd in they
1-eI:Ited iIV0ice w11icll
:irc i 0Ulid
by CITY,
o11 they 6.11;i A (,f
P.11ch audit: not to
cons.tiLate
AIIow:ihIo
exprndititres.
Any 1) '1 y I' e n 1: r; mad(! to
coN rItACT0R
:i re: ti uh j ec•
t t o "0duct i 011
f or overpa Yin e11t s on
previ()11�-,iy 'submitted J.nvoires.
3.4 RECAPTIJRI; OF FUNDS
CITY shal l reserves the ri};ht to recapture funds when the
CONTRACTOR shaLI fail (i3 to comply with the terms of this
Aslrooinent e)r (i 1 ) to acCOpt cnndi Lions imposed by CITY at
they Jiroctitln of the fedvraI, State and local agencies.
3.5 CONTINGENCY CLAUSE
1,undi nl? for thin Al;re tnent: is conti.ngtynt on the avai lability
of funds ind continoed atithorizatton for program activities
,InrI is tiubje�c�t. ro amendment-. :)r termination due to 1.::ct. of
fund,; or- Iut_h•,ri/aLitln, reduction of funds, and/or change in
re„ulation!s.
ARTICLE, IV
4 .I INUI?P1N I FI.CA•► ION
C0N'I',tAC1'OR h;ti I indemni Iy, defend ,and tiave CITS' harmless
trim Ind aJ;.tintit ;Itty ;Ind II.I cI:ii!n Liabilities, losses,
Intl :acCiun whlcl; may itirsc° oil of C()NTRACTOR`s
acti Vittes .tnder tits~ AKroelnent, incIudJ_ng a1.1 otlie r acts or
nits ;tr t fill t 11oI CiiN'RIAC1,0P i nc l ltcli :tj; aIt\
�).•1 gill ;i('l. lil�� toIr i"J91 ;I!Id •tgciiItst piny
I It U i- d i• I t, , i it tl tl, Iti it t `i , �: 1' d t• C i k- :' , 1,l1, i C 11 ttt a y h e e u L B r ed
- 8 - gp- 415
Lj
LAI
F1 t?a1nCt tIll r CI,fY: ;Ind frf+m :1rtd I i. 11Ct ;111 rn�; (. �., :Itt oC"31 E'v'c'
c>xpl,it f,,_:, ;Irtrl l i ahi l i t i es i ncnrred by t11 CITY i n the
(' n e +1 t 1 11 `, It C 11 1- 1 .1 i DI s - ri tl L 11 v i It v 1' S t I 1 1. 1. o n t h e r v o f .
4 , 2 At'ii:N1)MF,NTS
No :unei('mhnt; to t.ili!, Ail, rvement sha I be I)indins? on either
rt•IrIy tit))n writing; ;ind .,igncd by hoth parties.
4 .3 OWNEI;tiIl1 P OF I10C(1MFWr ,
Al I document.;; dc�v�,Iop(1d 1) CONTPACT0R undrr this Afr,rcemI.,nt
sha) i he d-I i v e r e d to CITY by said CONTRACTOR 111,011
cumpl(2t i011 of t11e seI•vice!; requi red i)(1r;u I n t t o this
Ay,reement ;11d !;ita11 1)1,come the props ,: tv of CITY, without
rtriction or Iitit it;Ition o11 its use. C0NTRACT1)R agrees
that a t! doe ument!; ma I it i. n e d and j,enerat ed plus;cant to thi s
int r:l,: LU:11. 1-oI;Iti0nshi1) l,etwreI) CITY end CONTRACTOR ;hall
bz !subj(,ct to nll provi!; k)nti 01: L he Puhiic Recor-ds Law,
ChapL�_,r l 19, FIorid.I Statute's.
further mid er:;Load by ind between the parties that any
dctcuMentS 1r thin} which is civc?ri by CITY t11 CONTRAC'rOR
purtiltiint to tItis Agrt,einent ,hn1.1 at all times remain the
1) rot) t-rty of CI.'IY and shal l not be used by CONTRACTOR for any
oth1,1- per poses 1,111:1tsoevur of t I I o u t tIt wri_LLen consent of
C I_ T Y .
4 .4 AWIA1?1) 0 F AGR1•;I•:Pti Wr
C0N'TRACI'0H wir r:1nt!; that it hits not em1) uYe.f
or rc:!Lained
..ny
t+t•r!;e+ll e,itployc•el by
the CITY to •'elicit
01' s0citrE
this
At,,re,enlI,nt and that
iL Ilas not ui f e r e d to
pav,
p:ttd,
or
;I)',vt,ed to pay any
per;on c1111)1uyed by the
C L T Y
any
fee°,
cunlmiS.sioil pe>r-ce•ntrl„c,
1)1-0ker;Ige fee, or gift of
any
kind
cnnt i ngeitL u11r1It or
re �-;ul t i nor, From the
award
e.lf
this
".Io r i°t•Ill 0-1t. .
9 - 90 - 41
4 . S N; l;'. filii,f":t,AIt f LI "I'ti'
111< I, r,l,,(-lt i�I(I'� IIr)dorI 11C,'11 1)v (_IIIu t;'% N T f 1 AC:T () I' I ) I I r`, 11,111t LCI f_IIi,,-
Af,r;neat. sh:1 I nl,t hl d o I i-oJ r a ,11r, to arty I)tiIE-r
phr;l)n )r fi rnl nnlc s CI'I'1' s,h:+1 I fitin wriLiil
te0 t)r n1?ntcnt 0f such st,I. cnr any part
tItl_�r<� 1? by t11 1.11 r 1)c•r1) ur Fi rm.
4 .6 C, wNS 1'RUC•f 1 (M F AG,RI;I-,M NT
Th i ti Agret,murlt sh:111. he cnn:;t rued and enforced acc_ordinf; to
thr 1 1v-, oIthc, Stalct t)f F or'i_da.
4 .7 0(31, 1GAT ION TO RGNb;14
UI)o I expi rat i on of the t erm of this Agreement, CONTRACTOR
agrl c anti understand:; that CLTY liras no obligation to renew
tItiti AgrI,emeitt.
4.8 TERHI NATION t)F CONTRACT
CI LY rft;_ir, the r i g I I t to terini.nat_e this Agreement rat any
time I)ri')r t Ii the cnmplet:ioil of the services required
pttr•;iirlitt. to this Agreerr,ent lai.thout penalty to CITY. Tn that
cvhnt, notice of rI?rIll i.n,lt_ioit of this A,;reement shall be in
writ inq to CONTRACTOR, who shall be oitid for those Vervices
pErf ,rmci ;)rir>I- t l file dart, of its rI,cei1)L of the notice c:f
tw rminitiln, In uc, r;:se, huwc vr, shall CI'f'Y pay CONTRACTOR
ltl IM,)11nt i n Kec s >1` L11 total Sum pI- nvided by this
Agr v;n -nt .
i r ltc,rc•hy undorsto od by and between CITY and CONTRACTOR
t:11r1t any ,)ayIll t. t nrl,lt� i n accordance wi t. It this Section t.o
CO,N'TfzACr01? tili•iil he m:id<• )n1.y if said CONTRACTOR is not in
nII(IL'r t lit't. t>rin,; I,f thi:, A;reoint nt II CONTRACTOR is
i n j,t I(II t then CI't'Y llrll 1 i n no way be obligated and shall
nr,t p:jy t c, CON'i"RAC'I'Ok a sty cunt wIli, ts0uv<,r.
!.r) t;l;^t!:!;A ('tli`ilaiTI()N,;
11 1 n„t it :, nr ahr
r rr,mmunicati«ns whIr
-h ahal1. or nay
h vFn parstaant
to this Agreement shall
lie in writ!ng
and nhiI I hu do
ionred by prrsonal gervi
r_e, or by
ar jir.iPrPd miiI :adrirrMgvd
to the othcr
Marty at the
.I d d r o,4 , indic.atrd
herei n or a� the •„:ame
mny he changed
from L imr to time.
Such notice sha 1 l be
deemed given on
t he d,ay <rn wl)ic_h
per•snnal ly served; or,
i I: by ma I, on
thv HFfh day nftor
heing powed or the
date of actual
receipt, whichever
is earlier.
CITY OF Ml AMI
CONTRACTOR
351,nerIcao 1)rivc
Al lapattal) linsiness
Development
?Itarni, Fluaida 33133
An Chr,rity. Inc.
2515 N.W. 2tlth Street.
Suite 2A
Mi ami, Florida 42
H. 1'iLIu and pa rag r,aph headin;ti .arc, for convenient
rv! ore,rre :and :are not :a part r,f this Agreement.
C. In the r.v"1.1L of confItct between the terms of this
Agro,emont and ;any terms or conditions container] in any
:attached documents, the terms in this Agreement sha1..1
control.
D. NNo w:giver or breach of any provision of this Agreement
�Ai,, l 1 const i tutu :a w,a i.ver of •"a n suh, vgtient breach of
tlae -�am0 nr- :any other- provision hereof, and no waiver
shall be effecttv(, untcsti madt? in writing;.
G . Should ,any provi stony , paragraphs, sentences, words or
phrases cont:atued in this Agreement he determined by a
court r)i competent jurisdiction r_ra be invalid, iII.egal
r,r uLItwrwis" unonIorce:a1)1e under t1)e haws of the St.atr�
of Florida or the Ci ty of Miami , such provisions,
paragraphs, sentences, words or phrases shall he deemed
mod f fed to the extent necessary in order to conform
wi th such laws, nr i t no modi.FJ. able to conform with
ucl, i:+ta5, then ;,imt. ;h,al 1 he dctnL.d scrahle, anti in
either event, the inmaini"g terms and provisions of this
Agrr vwent nh,a I l remra i n un+rodi f i rd and in f ul 1 force anti
U f i U c t .
1
:+1111 i 1 -mI1111vr(i a{?r, T) o (Ire'rn,ed to
n11�'I11)11r1(''11. ('t r1�?(!nt�; c1r r'fTllii nyo(,�4 !1f
nrYdn11t 1t l rli n ;1n" t I t r h1'ns�f i is under file
t'V'(rr I't-ri:; I �)I1 t)1'[I l fl�lnt.'( )I (f TY Ur %lily r I J?i,r fi
^1'n1•r.iliv r111�11 e1:1�;�;ific�d r�r nne1,l�;.ified impll)yee.;
f Ir1111'r, they r:It.tl I trot ho dmf-d th(' FIor-i[1;;
i4()rk1,r," r:umpen::lt i1)n bollefit': as an empin'.ce cif CITY.
S11C:C:i-:SSt)R'; AND ASS),GNS
TI ;1s;r .('m>ut ;ha.I I be binding upori the n;irties herein,
Lhei r lie i ,rxrcuLor'4 l er;;i l representat i ve �, ,uccessor, ,
A11d ;ir;s;i;-.11
ARTICLE: V
5.1 CONTRACTOR CI:R'I'IFICATI0NS
PACT()K CerI-i I ie!; th;1t:
It poSt,esses the Iega I authority to enter into this
Agrecinent by way of a resolution, motion, or similar action
rh;1t I1.is 1)t,vn duly adopted or passed as an official act of
CONTkACTO1Z g()vernint; body, authorizing t1,e execution of
t tic- Ap,rI?ement, including a I under,;Landing:; and assurances
cont;ii ned her(A n, : nd directi ng and authortzirigr the person
idi;ntified as the ufficial representative of the CONTRACTOR
to ,Ici- i n connection with the Agreement and to provide such
:icidiIion;1l inI(Irrtl.itiI)n n m a v be requi1-ed.
Its W I TNESS Iv II I:kEOF, t}1c' parti os hereto have caused this
i11"t r1!Ino rii I— ex!'cUted b1 file respective officials thereunto
<:i1,Iy nuth„I- i od 1n the first data abl)ve written.
(:ITY OF 111AMI, ;i municipal
Cor1)j- tioiI of t.1-1cr Staten of
I�'lr>r-id,i
A C'I' E 5 `I' .
"1 V.I_,I_Y_ -__H 11t A i
C I I S A R I i,1)1 ti
C' i TY HANACEF;
- ,) .. 90- 415
Ll
r-
j
C 6Rl'UIZ•11
'l 1[ hI) i i t t, 111c .
'i15
iami Frid 33142
Ii v
pR17 lI)i�NT
GUARANTEE
( S1;A1,)
in cnn i.der,ntion
of thc Ci r_y of Ni ami s execution >f the frc-goi ng Agreement, the
undersiy;ned, };uar;1ntcc the 1)erf ormance of the terms and
condit10TP; in said Agreement requfred try be Performed by the
C0NTRACYOR inclucling but not I Iinitvcl to the Provisions reIati.ng
to defIII l t, assurances, and certifications.
Dat(,d this day of
_ T__ `--------------------� .__.
W1 T N E S S :
, 1990
, an individual
, individuaIIy
U
:1PPhr)V1:1 N, ilR,ANCI' RE0U i i:l:""';TS
I N; S URANCE MAN' A';t-:MF'I T
APPROVLD AS i'I) Fm,'M AN], CORRECTNESS:
r: I I Y AT 1'I1ItN, F.1'
- l 90- 41
W 11 F. It E. A S
vy
(lee tres to enter into nn agreement with the City of MI.Ami ; nnd
W It ER F, A S t h v Board of Director.,; at a dit 1. y held corporate
meeting, has considered the'
matter in accordance with the By -Laws
of the corporations;
(IOW, Tit IME FORE , BE, IT R E, S 0 L V E' 1) BY THE BOARD OF DIRECTORS
that t. h e president , and secretary a r e hereby authorized and
instructed to enter into a contract in the name and on behalf of
this corporation with the City of 1,ji.1mi Lipoll the terms contained
in the proposed contract, to which this resolution ir, attached.
1) AT 1. 1) L h i s day o f 19 ot
BOARD' OF DIRECTORS C11ALRPE!!P;/
CRETARY
90- 415
C I TY OF 'I I Al I , FI,0R 11)A
%,OPI I11N I TY 1tAS1;11 0;130))
Tit IS At, 111"':hi1"NT, vntrred in1,o rhiF, rlav of:
1 4 hr! wei'n ! 114' City (if 11i anti , :I 11.111ni ri pa 1 crlrpot a t i on "f t: hF,
State of FInrida, (hereinafter referred to as the "CITY"), and
DOWNTOWN MIAMI BUSINESS ASSOCIATION, INC. (DMBA), a Floridn not
for pr1)fit cnrpl)rati()n, (her.ein>1ft:er referred to as the
"CONTRACTOR"
FUNDING SOURCE:
TERM OF THE AGREEMENT:
AHOUNT: $ VENDOR NUMBER:
TAX IDENTIFICATION NO.:
EXECUTIVE DIRECTOR
ADDRESS:
TELEPHONE NO.:
1401:J , TNEI LJ'0k}:, in eonsi derati on of the mutual cove!rrants and
1;hlistirltii)n', 1101-Pin Sf2t forth, the pnr.tios under•.t'ind and agree is
i-oi IowS:
ARTICLE I
S i itect,ss;.-iry part of this Agreement, the fo11.owing doctime nts
.Ili ch h;Ivr her en provided by the C0NTRACT()I2 and ;lpproved by the
CITY aro :t.t;tcheit
I. I CO r1>1) 1-:1 i 1 {;1!titl [ tlt lll11 111tlt1)1-- I L f -Ig CY(-,CIIt Lo1) o t11 i S
A,;r L,(,ment .
1 .2 Woo-1:. Yrc gI —Im (aP1)rovr'd by the CITY) .
1 i 13ud;!,ot sutnmarv, to i Tic lod(1: comp let ioil of CONTRACTOR'S
Pr,)}?raln1,i 11L. 1t eln budgrotlt:xpl!nditore Justif ication, Total
A,,t-,laI iIid I'r()io(,l ed Funds 1)i!irI S(Irr ;end St:AkJ, Salariv's
SCI10d11i1' (on forms supplied by the ;ITY); hudt;et for
(ir, tft':iln—}!1'ill'I':lt(,ti 1"l VPillif' i 1)1)1 t' s r, I1 111)(':,.tf )-,Il"t1:.
3II i11t ti('I vl1'i'-, ';Trcremr11t ti f1111drd i tl ohuI or in
;i:11�1 0lldi•1 l It `; .I}t,ri'i•nlrill. .
'HEN RETt RiflNG VUlr I`UtHI
RUIEW, PLEASE IDENTIFY A5
Jr
5
1 .4 Curr i f i cat v of Insurance w11i ch ref 1 acrs CONTRACTOR'S
current 1 i:ihi 1 i t y i usnrance, nami rig the CITY as pr i-ma ry or
Addi t i Erna 1 i nsured q clot ermi npd by the I,aw Department of
thc• CITY, currant 141)rkers' Compvn5nt1nn insurance: current
Fidel I L y Rnnd (applic"hle for all. pc,rsons who are
authorized to receive and disburse funds under this
Agreement); and other coverage as deemed necessary, if
Opp 1icab le (1-e. aertomobile insurance).
1..5 CONTRACTOR's Corporate Seal (to be affixed to Signatory
Page. and CorporaLe Resoiution) .
I 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
numhers).
1.8v Li st of Key Staff Persons, with their titles, who will
carry out this program.
1.9 Completion of Authorized Representative Statement.
1.10 Completion of Statement of Accounting System.
1.11 A letter from an independent Certified Public Accountant
which expresses the opinion that the CONTRACTOR'S internal
cc,ntroI!; :are adegtiate to safeguard the organizati.on's
assetn.
1 12CorporoLv personnel Policies and Procedures.
1.13; .Icrh Description :end Resumes for all positions funded in
whale or in part under this; Agreement.
1.14 Acceptance of Officc of Management and Budget (OMB)
Ci rcuIar A-110, Attachments "A", (Cash Depositaries),
"Ii" (Bonding; and Insurance), "C" (Retention and Custodial
Requirements for Records), "F" (Standards for Financial
M; I na geinetrt Systems), "11" ( Mon 1t:oring; and Reporting Progress
Pert ormanvo), " N " (Property Management Standards), and
n 0n
(P!-u(`Ure'IAellt SlaCrd,lrdS
1 .15 Accf,11t '1) �,r 11111) R<�i[111at.ionr; 1.�'� Ci f? fart 85 ntit-I-d
r ITl N(I m i n i F t rat i v t` R i, (1 11 1 r" f m (' Tl ir '- r a tit s a it rl
C_rat_AiTrccmcitts Statr, Local and Federally
Rccog11i7vd Indi:ln Trihal (;overnment,".
l.lCi Acceptance of VnliCies ;111(1 1)rocedures Manual for Community
11;1,ed Org;lniZ%lti011,.
As 1 itec(,sary part of this Agreement, the CONTRACTOR shall
provide the f(ltIowing document, to the Department . 0f Cnmmnnity
Development, in accordance with the requirement F, of the
As,reement :
A. Final ExI)endi.ture> Report tee be Submitted no later than
thirty (30) days after contract expirntion.
K. Certi.fied Independent Audit to be submitted sixty (60)
d;lys after contract expiration.
CONTRACTORS receiving monies from the Department of
Communi ty 1)vve1 01)me11t must allocate i n thei r budgets
>;ufficient funds to secure an annual independent audit
which mu,t include the expression of an opinion on the
Contractor's financial statements, and a compliance
letter srati rig whether rite CONTRACTOR is in conformity
with Federal grant regulations (Office of Management
anti Budget Ci rcullr A-110). Said audit must be
~ubmitLed no later than Sixty (60) days after the
expiration of the Community Based Organization
a};reement witit the Department of Community Development.
The City of Miami s Department of Internal Audits and
Revi (w�; shsl I h;lve the authority to review CONTRACTOR
reCOrds, i nc Judi ng 1)rogrammat i c, records and books of
.Iccount, for a periled of Lip to three (3) year,, from the
termination date of the IgreeIli erlt. All books of
account_ and Supporting documentation ;hould be kept by
the Contractor at 1ea"L three (3) years for audit
purpo!-:eti.
4
-- 3 -- 90,w 415
1.15 At,tnce
yet lllllt R
C F R Pert
S5 nntitI
"IT it form
�ldmiiti trntivc)
R-,cleeir(,m<,nt f er
Grant<> and
C
At,rc•e•menrs
to StnI- Lncal
and Federally
Re•coc*,ni zed
i nd i an Tri hn I
(:ove_•ritmonL cT
1.16 Arr pr;tncc-
()f Policies and
i)roceduros AIaniin1
for Community
Rased Organizations.
As r ncce,,;sary perrt: of this Ai;reement, the CONTRACTOR shall.
provide t h o following documents r_o the Department .of Community
Dev(,tol)ment , i n accordance wi tIt the requi rement s of the
Ay;r,..�ement :
A. Final Expend i.Litre Report to be submitted no later than
thirty (30) days after contract expiration.
B. Certified Independent Audit to be submitted sixty (60)
days of tee- cunt race expi rat ion.
CONTRACTORS rc-coivi ng monies from the Department of
Commurri ty Development must allocate i it titei r budgets
,;efficient funds to tiecure :in 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—I10). Said aud1.t. must be
submitted no later than sixr.y (60) days after the
expi rar_ i cin of the Community Bas ed Organization
agreement wi th the Department of Community Development.
The City of Mi ami "r; Department of Internal Audits and
Rrviiw_ shah have the authority to review CONTRACTOR
records, inc. ikid i ng 1)rogrammati c records and books of
.recount, for it period of up to three (3) years from the
Lormirration data of the agreement. Al books of
.recount and supporting; documentation should be kept by
the Conr ractor at I east three ( 3) years for audit
1)uV1)0.;c,s.
3 - 90,m 415
ARTTCLE I1
.I TIMI-, OF PlI�RFOPMANCK
Thrtrrrn of ihi , Agreeonr,nt ghat I be f rom .Iu1y 1 1990 to
.inrtp 30, I991 .
2.2 CITY AUTHORIZATION
For the purpose of t h i s Agreement, the C1ty of Miami
Department of Commit nIty 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, CONTkAc'rt1R shall carry out the services as prescribed
in i Ls Work Program (Attachment I), which is attached and
incorporated herein and made a part of this Agreement, in a
lawful, rand proper manner, satisfactory to the CITY, in
:accordance wi th the written polici es, procedures, and
requirements as prescribed in this Agreement, as set forth
by the United States Secretary of Treasury and the City of
M i a m t Department of Community Development.
Contractor is aware and accepts the Policies and Procedures
Manual for Community 11ased Organizations as the official
document which outlines; the fiscal, administrative and
FederiI guideI i nes and whi ch shaI I regulate the day -to -dray
oper"tions of the CONTRACTOR.
2.4 BONDING AND INSURANCE:
CONTRACTOR Shall maintain insurance and bonding coverages
;acceptable to the C I T Y ' s Insurance Management Division of
the Law Department. Prior to commencing any activity under
ttai Agreement, Lite CONTRACTOR shall furnish to the CITY
certificates of insurance and branding indicating that the
CONTRACTOR is in compliance with the: provisions of this
art iCIe.
90" 41
- 4 -
f;t)MITRAC,TO P. -It;t1I hI-tt5,t(I(I t11c 10110 ir? (-nvf,r.'ty!r
:1 ) I it 5; 11 r.:1 11 c 1' (- r e v (' r: t tr 1' C I t: I r 1' f I r C
1)r.1rt ic(,, ac-co1)t;11) tit th(> CITY 111s:lrance hlana'trc-mint
Oivi.silrn of t11v 1,:lso 1)e1)artment.
It) F i d c I i I V 1)1In(IiII)T fnr :ell pvr,ons handling*, fltnd�
received or disbursed under this, Agreement in an amount
equal to or g;reaU.er than the maximum amount of cash
hoId ;It Iny once time. CITY shall be a primary
;IddttEon;I I n s v r v d on all insurance policies and there
shall be no exclusions in such policies to override the
CITY coverage.
c) Cur. rent IiIb11.1.ty insurance shall be rated by A.M.
Beet -s as to "A" C1ass,iF1cati.on and "V" as to financial
ize.
Comp ianee wi th the forego i ng; requi roment s shal l not rel ieve the
CONTRACTOR of i is 1 iahi lity and obligations under this section or
under any other suction of this Agreement.
2.5 LEVEL OF SERVICE
ShoitId ~tart -up time for a prograrc he required or any
delays in service occur, the Department of Community
Development is to be notified in writing immediately,
giving all 1)ertfnent dotal 1s and indicating when service
shall begin and/or continue. It is understood and agreed
1
that the level of services, activities, and expenditures by
the CONTRACTOR, in existence prior to the initiation of
services hereunder, ;hall be continued and shall not be
rt-dltced i.n any way :1s a result of this Agreement. Programs
funded through tItis Agreement shall not result_ in the
tiisplacernent of e-lnployed workers, impair cxistins; contracts
-- ft,r sCrvi ce5;, or result: i n the substitution t;f. funds
al located under this Agreement for other funds in
-= 1
Co IInec.t.ion witlt work cahich w,luld have beef performed in the
ui thiy Ap,reen1011L
- 5 -► 415
2.6 REPnRTS AUl ITS AND) PVALUAT IOM')
ThP CONTRACTOR Sh aI I comp ly with the FvdvrnD hi rrct ivo
req"i rvd by thr H.S. Depnrtmpnt of DIo"R1ng :and Urbnn
DvvvI opment (USHUn) to document that program act ivi ties are
provided for the henefit of low to moderate income persons.
I n accordance wi th the Code of Federa l Regulat i ons 24 CFR
Part 570.506, records shall be maintained for each activity
to determine that services benefit low and moderate income
At the request of CITY, CONTRACTOR shalt transmit to CITY
written statements of CONTRACTOR"s official policy on
specified issues relating to CONTRACTOR's activities.
CITY may curry out monitoring' and evaluation activities,
including, visits and observations by CITY staff: CONTRACTOR
.hall 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 COMNP.NSATION
A. CITY shall pay CONTRACTOR, ps maximum compensation for
the gervices required pursuant to Art icIe II hereof,
$ SO , 000 . 00 .
11 CITY shal l have the right to review and audit the time
records and related records of CONTRACTOR pertaining to
:any payments by CITY.
A. At I paymc,nts !.hag l hc reimbursements for expenditures
incurred only during; the term of this Agyeement, and in
compliance with the previously approved I.,ine-Item
Budget. Such wri non request shall contain a �itat eme-nit
deeciari"g and ;af f irmi ng that all expenditures were arcade
1n accordance with th U approved budget. Al I
- 6 - 90- 41
JaN
C.
dc;rumenI at i nn i n c1I))t,r=rt of such rr�gIIr�st. steal I he
s:ubic-rt: to apProv:II by C'I'rY it the time ilia request is
made .and rIl I invoices rlre required to hP pairs by
Ct)NT11ACTOR prier to suhmission. Al l reiInhursement:s must
1) in i int,- i tr'In norm .Intl he i.n accord wi th this
Agreement. All expenditures must he verified by
oriiT na i invoice with a copy of the check w h i ch was used
tea pay that specs f i c i nvni ce. tdi thin 60 days of
submitting reimbursement request, copies of the
cancelled checks shall be submitted. Tn the event that
an invoice is paid by various funding sources, n copy of
the invoice may he submitted but must indicate the exact
:Imuunt paid by various funding sources equaling the
total of the invoice. No misceIInneous categories shall
he accepted ns a Line item in the budget. Request for
line --item ch;Inges arc, allowable, with prior review and
approval by the ('ITY. AI I. line-i tem changes must be
made prior to the end of the term of the agreement.
Requests fur payment should he made at least on a
monthly h,atiis. Reimbursement requests should be
sunmirtt•d to the CITY within thirty (30) calendar days
afteer the i ndeht ednt,ss has been incurred. Fai lure to
comply may result in the reiection for repayment of
those invoices within this reimbursement: package which do
not meet this requirement.
CONTRACTOR must submit the final request for payment to
the CITY wit1)i21 30 calendar days following the
expiration date or termination date of this Agreement.
if Lis, Ct)N'1'RAC'1't)R fai Is to comply, all rights to payment
;ire furteiL0d and the CfTY shall not honor any rt2quesr
submitted after the aforesaid agreed upon period.
Any payment duo under this Agreement in ay he withheld
1)endi11t; t.hc receipt ;and �i 1) 1) r (-j va 1 by the CITY of a I I
reports due f roIII tht, CONTRACTOR as a part of this
cunt Tact ;and ;,ny modi f ications thereto.
- I -
900- 415
3. 1 F I NANC T Ai,
NccoIiNTAR T t, T TY
CITY rrvos t h n riill ht t„ audit the
rt>cstrd; 1) r;r1NTRAt;TnR
at Inv t imf, d-trini? the performance )f
thi,; ARroement and f„r
a ncriod
(�t three years after final
Payment is mad -? under
thi ,; Agreement.. CONTRACTOR airrees to
Provide all financial
and other
applicable records and documontatIon of service-;
to CITY.
Any payment theretofore made
shall he subject to
redaction
fur amoo nts included in the
related invoice which
are found
by CITY, on the basis of
such audit, not to
constitute
al Towable ext)end i.tures.
Any payments made to
CONTRACTOR
•rro subject t() reduction
For overpayments on
previously
;itbinitted invoices.
3.4 RFCAPTURE OF FUNDS
CITY Sha1I reserve the right
to recapture funds when the
CONTRACTOR shall fail M 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
— rogulations.
s ARTICLE
IV
v 4.I 1NN1)El1NI FICATI0N
CONTRACTOR 5;haI I indemnify, defend
and save CITY harmless
from titd 'igaInst any and all
claims, liabilities, losses,
artd causer; of action which in:ty
arise out of CONTRACI'OR's
1
' activities under this Agreomenr,
ineIuding all other acts or
I
_ -t, tit :tt'i n t h o ►girt
5
of COWl'kACTOR, including any
hcrsun acting, fo or on its
behalf; from and against any
-- relev.,nt orders judf*,rienr5, or
decry -es wit ich -nay be cnt:ered
v
against the CITY: and trom and igNinqt all rnsts, nutnrnvKs
fvvq, vxprnqvs, and 1 1 a h 1 1 1 1 1 P s incnrrrd by t I i v CITY in tlir
def"nNe "f :any such claims or in the in•:vgVigation thereof.
'+.2 MII-;N1)MENTS
No :rmr°ndmcnt s to this Agreement s h a I l be hi ndi ng on either
party unless in writing and signed by both parties.
4.3 OWNERSHIP OF DOCUMENTS
A] I documents developed by CONTRACTOR under this Agreement.
shall he 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 a1,1 times remain the
property of CITY and shall not be used by CONTRACTOR for any
ether purposes whatsoever without the written consent of
CITY.
4.4 AWAR0 OF AGIJJ-,MENT
CONTRACTOR
warrants
that it has not employed
or retained
any
person vmployed
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,
eommiss1on
pvrcentagP, brokerage fee, or gift of
any
kind
contingent
upon or
resulting f rom t h v
award
of
this
Ag reument .
low
A. 5 MON-- i)I:EEC ART L T TY
Tha "blignfisms- utndertik"n by 1he CONTRACTOR pursuant to thi,
Agreement Ah i I I not Ile cl('IvIatvd or asnijoined tt) Inv Wher
prr ;"n ur if rm univgs CITY shall f i r s U c()n,,;;,nt in writinit, to
thr I�erforin.ince nr osmignment ()f such services or airy part
thvronf by another- person or firm.
4.6 CONSTRIIC'TION OF AGRI;I?MEN'r
This Agreement shall be construed and enforced according to
the law", of the State of Florida.
4.7 OBLIGATION TO RENEW
Upon expiratinn of the term of this Agreement, CONTRACTOR
agrees rind understands that CITY has no obligation to renew
thi Agrc,eincnt.
4.8 TERMINATION OF CONTRACT
CITY retai n, 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 cage, however, gh:nll CTTY 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
t
CONTRACTOR shall
he made
only if said CONTRACTOR
is not
in
def;+ult under the
terms: of
this Agreement.
If CONTRACTOR
is
in dclault, then CITY shill in no way he "bligated and shall_
not pay to CONTRACTOR any sum whatsoever.
90"W 41
A . Al 1 nut i c(,ti ()r ()t her commltni (— It i one .;!) i ch z11;11 1 (1r may
he s;1 v('n pur�;uanI to t hi Ag,rvoment sha 1 i he i n wri t i n gr
;tnd shai I ho dcIivcrcby prrsnnal ;ervicc, or by
r-egisterod Via l a(Idre sed to the other party at the
itddre!; i n d i e n t e d herein or as the same may 1)e ch;inc;ed
from time to time. Such notice shall he. deemed given on
the d n y on which personal I served; or, i f by mail, on
the fifth day after heinp posted or the_ date of actuni
receipt, whichever is earlier.
CITY OF MIAMI CONTRACTOR
35t)f1 Pon American 1)r1v0 Downtown Mi,imi Bnsinetis
t�li ami , F1 uridn 331 13 Atitinci at on, Tnc.
nnc 13i!;cayne Tower, Suite 1818
Fliami, Floridn 33131
13. Ti t I (, anti par:Igr 31)h Iteadi n g s are for convenient
rofcrence and are not a part of this Agreement.
C. In the event of conflict between the terms of this
Ag;reemerit and arty 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
r:haII constitute a waiver of any subsequent breach of
the amc or ,any ((tItcr provision hereof, :and no waiver
,,;Ila l 1 t) ( f fact i ve itnI e s s made i it lrri t i ng.
F. Should any ; rovisi0ns.. jinr:agraphs, sentences, words or
phrases contained in this, Agreement he determined by a
i•ourt o1' competent iuI- isdiction to he invalid, Illegal
r otitrwi.tic itncnforceahle under the Iaw.. of the State
>f Florid;3 or the Ci ty of Mi aIT! i , such provisions,
t)ir;:;;r;iplt �, it ence!i, wul-ds or 1)hr;i,e5 shop be deemed
cl,di f i ed to tltc ext.cnt nucto, ss,Iry in order ro conform
with such IaWs, or if not modifia1)1c t(, conform with
,:itch I;i(:s, then s.itit e s11: 11 hr dr-crnc-d s,cvcrahl e, and in
ci t ht=r event , t he remai Ili ng t e r m s wind ,irovi si on of thj s
Agrveinent ;halt rcm.iiit un(r,c;dificd and in full fce rind
effect.
909V 41
ilk
4 . i rt
CONTRACTOR and 11 r wnpI ny, tar'; t*r,nt=, �=ha i 1 1)' lrnrnr,rl to
b(' I ttdf-prndr'tit Coil t r;Irt ot-<t and not_ nt c ,ir- CmT)i ('<'n of,
Ci'ry, rind ;ItaI 1 not: Ott Ai it any rights nr henef its under the
Ci.v1.1 Service or t'ensioit ()r(Iinr'tnces of CITY or any rights
generally afforded classified or unclasnified employees;
further, they shot l not he deemed entitled to the FIorlda
Worker; Conti„•rtx.tt ion hv"vt it -. A!; ;in employee of e;l'i'Y.
4.11 Sii(;CESSORS AND ASSIGNS
Thi s A,gropmont shall hey hinding itpnn trte parties herein,
thei r hei rs, executors, Ivt;aI representatives, success;ors,
and nssigns.
ARTICLE 4
5.1 CONTRACTOR CGRTIi ICAT1nNS
CcNTRACTOR C0rtifi('s that.
It j)ossess(.1s the IefTal authority to e rater into this
Agreement by way of .t resolut ion, notion, or similar action
t1)At has been duly adopted or passed ;is an official act of
CONT1' AC'J'O11,'s governing body, Authorizing the. execution of
th(: Agre(>ntent, including; all understanding-, and assurances
contained herein, and directing; and authorizing Hie person
identified as the official representative of the CONTRACTOR
to Act in connection with the Agreement and to provide such
additional infOrtnation as may be required.
IN tdiTNK'SS WLiEKIi0F, the part es hereto have caused this
instrument to be exec" ted by the respective Officials thereunto
duly nuthr,rizeyd on the first date :above written.
CITY 01: MIAMI, ;T municipal
Corporation of rho State of
Florida
ATTEST.
C is S A (; it . ri p l)
C 11 Y CL.f:f' , CITY MANAGEF.
0
C )ItPORATE S;I,:CItETARY
El
COrd'fPA(J'O1'.:
1),,.jnt�Tt-'n 'li-lmi R+Tsi n(ss
Ag C n C 7 ,T 1 i c? n, 1 T1 (' .
Onc liiscnvite Tower. S>>i.Z. 1£il A
lmi i'1 oT i d,1 311 3 1
Il v ,
Ffi-S:N lUIT
GUARANTEE
(SEAT,)
in cony ider3tion
of the City
of Miami's
execution of the foregoing Agreement,
the
undersigned,
gun rantue
the performance of the terms
and
conditions
in said
Agreement
required
to be performed
by the
CONTRACTOR
including
bit not
limited to
the provisions
relating
to default, assurgnces, and certifications.
ated this day of 1990
an individual
Av individually
WITNESS:
APPROVED AS TO INSURANCE RI:QIIIREMENTS:
INSUltANC1: ttANAGHH1,NT
APPROVED AS TO PURM AND CORRECTNESS:
JORGE' L. FEItNANDI:G
CITY ATTORNEY
5/02/90/g id
R.
-- 1 3 -
CORPORATE? RFSOLQTION
WHEREAS ��i h,o
desires to enter into nn lgreement with the City of Miami; and
WHEREAS, the Board of Directors at a ditty field corporate
meetirt., has considered the matter in accordance with the By -Laws
of the corporations;
NOW, THERE. FORF,, BE IT RESOLVED BY THE BOARD OF DIRECTORS
that the presldent , 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 f } day of ' 19
S E:CR :TARP
�j
'BOARD OF DIRECTORS CHAIRPERSON
0
I
9A- 4151
C I TY flF rt I Ar11 , F't,r)t? 1 UA
COMM IIN I TY P,AS1;,f) ()PC;AN 1 7.ATI ON
THIS A(,1,1."NM1.NT, vTiUervd intn this lQt_hdav of
l� Q hl'Lwooli they City cif Mi ami, ;1 municipal corporation of the
tit:ate of Florida, (iaereinafte-r referred to :iP, the "CITY"), and
GREATER BISCAYNE' BOULEVARD CHAMBER OF COMMERCE. TNC. (Ct3BCC), a
FIoridrl not for pr, F I L corporation, (her,?inrifter referred to <tR
titu "CONTRACTOR").
Community Develppllent Block Grant Funds
FUNDING SOURCE,
TERM OF TIIE AGRI hMENT: `-�Jgj_y 1, 1990 to ,7t)ne 30, 1091
AMOUNT: $4 50�000.00 VENDOR NUMBER:
TAX IDENTIFICATION rso.: 59-2808474
P.Xi:Ct1TtVE DIRECTOR ?oscr mart'_ Canals
ADDRESS: 81()l jji_;a ay,net3nii c� z'd sujto 501 Tptiami�, F1. 33138
TELEPHONE NO.: 751-1222
NOW, THEREFORE, in consideration of the mutual covenants and
oblig it inns herein set forth, the parties, understand Bind agree as,
f') I I ow 5 -
ARTtCI.E I
:Ati rt
necessary
part of this
Agreement., th<,
following, documents
Which
have , be,-n
providod by
the CONTRACTOR
and approved by the
CITY Ire attached:
1.1 Corporate Resolution authorizing c'xocitti.on c,f this
Agr-o(- me-rtt .
1.2 1oI,k 11rogr,+m (approved by the CITY).
i.3 1111d,T'('t Sulnm:Iry, to i.(IC1ude: coml',Ieti0n of CONTRACTOR'S
Pr,lt;rlm/I,in*--Ite}n
13itdget/i`xpendi.ture
Justification,
ToraI
A, t i:iI
nod 11ro
ed FuItds 1)1sc1,usure:,
aitd haft Salaries
SC It ditIe
(on forms
Supplied by the
CITY); budge.1:
for
I,1 ,r,}}r•
nc rritI'd
r c=vc }}nc'-, co};ir;
r,( :11 1�u1)c,;11tr:Icts
DUI-
IIi. l I i, tIN (`,lt
->t'J .'i.'e'ti :i ",. l":��'ill ,:'r, r-�;
f-111)d if i 11 vil,loI i
,It"- in
I1r1 i}17
'
�I i t;Ii l I S1r C','Mc' liC.
�
'flf.N hLTUf,,44�(;
Fu1t FIi1,i
UVIEW, PLEASE
IDENTIFY AS
q '
Tr
— � 415
L
I .4 C"rt f f irnt to inv"rnnce= whI ch r etf Ir.ct ,; C;ONTRACTOR"S
r"rrent I!Nhi lily InmurnncP, namins the (:ITV ns primary or
add 1Linn" 1 1nn"red as dvtermfnod by the l,aw Department of
the (,'ITY; ciirront: W,7rker,' Conpenqration 1 n N " r a n c e ; curreent
FiefVl 1Ly No rid (appl icahly for all 1)rrson•; whin n r r,
authnrtzed to receivo and dishurse funds under this
Agr oement) ; and other coverage as deemed necessary, if
:aphlieable (i.e. automobile insurance).
1.5 CONTRACTOR"s Corporate Seal (to be affixed to Signatory
Page. and Corporatu Rvsnlatinn) .
1.6 Copy of CONTRACTOR"s Articles; of Inenrpor:ation, Charter :and
Bylaws.
1.7 Li,t of Pr eseynt Principal. Governing Board Officers and
Members of the Board (names, addresses; and telephone
numbers).
1.8 Li st of Key Staff: Persons, Wi th their titles, who will
carry out this program.
1.9 Completion of Authorized Representative Statement.
1.1() Cornpleti.on of Statement of Accounting System.
1.1 I A letter frorn an independent Certified Public Accountant
which expres, ses the opisii(3n that the CONTRACTOR"s internal
c,,ntrols, are adequate to safeguard the organization"s
assets.
I .1 2 Cotp,)rdte Personnel Policies ,and Procedures.
l.t_1 Je3h Doncripcion and Resumes fur s11 positions; funded in
t,� Oie ar in part under Lhis; A),reement.
1.14 AckupL:ance rat - OffiCe of Management ,and Budget (OMB)
Circular A•--110, Attachmorits "A", (Cash Depositaries),
"Ii" (ISoodiit:; :and Incur.ance), "C" (Retention and Custodial
I uquiremoril s I o r Rocnrds), "r" (Standards for Financial
M"nagonivnt SymLemm), "H" (Monitoring and Reporting Progress;
Perfurmance), "N" (Proporty Management Standards), nrd
"n" (Procurement 5t,nd,ards).
415
t
r
''pt:lnc-' ,'( 11I11) P05�n1_:It intl4 2/, C;FfZ P iI-t ii5 .-ant i t_l(rd
i I I I r 1`l Af l nl i Ili ti I_ rat i V C' P i i i t- in n o t ti i ') r (, r ;1 n L s; a n d
Coo 1),-r,lti-"r AFre,r- mciit>a Lo State, T,oc,a1 -171d 1,edernlly
P 1, c , I ';, n i - 4, d Indi;ln 'T'rihll GI)vernmelltS".
f lt, Acceptance of Po1.icips and 11ruceditvvs 'Ma nual for Community
B.Isvd 0rga.ni7ations.
is n 11vice"saI- part of this Asyreeinenr, the, CONTRACTOR shall
provi de the f nl lowi ng document to the Dep�lrtment of. Community
Dave I oPmc,nt in accordance wi th rile requi remerats of. the
Ag.rc'em(-11L:
A. F i n a 1 Ex1)Pndiriiuc iZe1)orr to he submitted no later than
thi rty (30) clays after cnnLr;act caxpi r iticln.
Ti. Certified Tndependent Audit to be submitted sixty (60)
days 11 for cant ract expi rat ion.
C0NTRACP)lZS rece1,ving monies i ronl the Department of
Community 1)evel)pin c,nt rtnist allocate in their budgets
;uffici(>nt Fcrnds to :secure :an annual independent audit
whi ch mrist i nw_iude the expression of an opinion on the
(.0nir:ict,)r-8 fiIlanci;ll_ statements, and :i compliance
letter r;r.rarint; whether the CONTRACTOR is in conformity
with feder;tl grant regulation (Of lice of Management
rind Budget Circular A-110). Said audit must be
�,itbmi tt >d no 1.1ter tilatl :,ixty (60) days after the
e x p i r-it i ();r of the C.,mMil ni ty Lased Organization
r-emt,nt wi th the 1)e1)jrtment of Community 1)c-veIopin ent.
!'he t:iL )f Mi;Itit i s Oc,p.irt(it ent of 1.11Li-rria.1 Audits; anti
R vi.iws ::h.111 ll'IVe t11tr aut110rity Ln review CONTRACTOR
recI-ds, includin;r progr:amIna tic records and books of
.1c.co1111L, t or .a period of up to three (3) Yoarts (ruin the
terlit in'iri jn date• ()f the, ,agrcanle11L. Al books of
;account rand su1)porti ng documentation ;It ould be kept by
the contrac..tor at Ik-Ist. three (3) years for audit
i
9Q-� 41
AF" i 1 C1,1? 1 1
?.! r1Mti OF PI;RVORMANCI;
I'll rm of this Agrooinont shalt he from July 1, 1990 to
.i,rlj., M 1991 .
. 2 C I TY AUTI1OR I Z A'rT ON
Fnr- Lit plar1)s,e of this Agreement, the City of MIamI
I)ep;artMeitt tl= Community Development (hereinafter the
" D L 11ARTMF•NToo i l l ;act on behalf. of the CITY in the fiscal
control, progranimatIc molai t o r i ng and modi ficatinn of this
Agreement, except as nther.wise provided b;' this Agreement.
2.3 010AGATI�N OF CONTKAC'rOR
Thf• CONTRACTOR shill carry out the servicet4 as prescri0ed
in i.ts W()rk Program (Attachment 1), which is attached and
incorporated herein and m;ide a part of this Agreement, in a
_lawful, alid proper manner, satisfactory to the CITY, n
accordance- with the written policies, procedures, and
requirements is prr,;cribed in this Agreement, as set forth
by the. United States Secretary of Treasury and the City of
Mi ,aint Department of Communi ty Development .
CO1aLr;jcL0r i>; aware anti ,accepts the Policies and Procedures
I'LinuaI fear Cornmunity Rased Organizations as the official
document which outline; the fiscal, administrative and
Feder.-il guidelines and which Shall rlegul.ate the day—to—day
oper-it ions of the CONTRACTOR.
?.4 BOND] NG AND INSURANCE
CilN'TRACI'0R shai i maintain i.n.,;uranco rind bonding, coverages
.Ict- ptrahic• to tIte CITY InsiIr;ajace Management: Di.visinn of
tli'' L:iw Dup;:rtmwitt. Prior to comm,ancing any activity under
thin Agrtemeitt, the• CONITRACT0R slial l furnish to the CITY
c(- i r i f i crit -, of i nsurrIII ct anti h,�ndi n�; i Ili i csti r►i; that the
t'()NTRACT,)R iwith the I)rovisi()n5 of this
,art icicc.
- 4 - 90- 415
CCU"1T"ACTt)R s}r;) I I �)r�)vi fill tl(r f nl lnral nit c,rvrIt' tits-,,:
:))
lit"itI )n e c(�,"'('r [!*, tl[,tt. reflect r>
Snttn(I bit i n(,.ss
T)r:rct ici Icc1'1)t:nhlr to they CITY's Insurance,
Manat*rment
Divi,int) r)I U h c 1,aw i)eprartment.
b)
F I d e I It:Y 1)o11dIn}T I o r alt Persona;
hand1.i.ng fund:
rccetve,d ()r di.shtir,;od cinder this Agreement
i n an amount
0q11+[1 t-o or Rreat(.r than the max1mitm
mmnunt of cash
held at A11y one tame. CTTY sh:)L1.
be a primary
;id d11:[onaI in!;ured nn all insurance policies and there
sh<)l. 1 he no exclnr,i nos i n such 1),t1 i.ci e-,
to override the
C I TY cerverag,te.
c)
Current 11 ahi. Li ty 1n!;urance shall be
rated by A.M.
3est's a> to "A" Classification and "le"
as to financial.
size.
Cc)mpI iance
with the foregoing regtti remonts shall
not relieve the
CONTRACTOR
of its l inhil itv and obligations under
this section or
tinder any
other Section of this Agreement.
2.5 LEVEL OF SF, RV ICE
Should •,tarr--up time for a program be required or any
d: l:)yin k,rvice occur, the Department of Community
1) yr lr)pin (2nt is to he notified 1n writ in; immedi.ate1.y,
giving; all perr:i.n(,nt details and indicating when service
�h,) I 1)cIT, i n :)nd/or continue. it is understood and agreed
th,it the Ievel nI- services, act:ivitiee,, an;: expenditures by
I- e CUNTRAC"l'OR, i,) xititencc- Prior to the initiation of
,[ vice ; h; rc,un(Ic•r, s'I)a11. he continued and shall not be
r.:lduc ed in :+ny ta•ty t5 t rcc4ult of this Agr,_(.ment. Uragraills
Iundc d thr,)nt!,h tlti:; AI;rk>eIT] crnt r: I tll unt rersult in the
di r'mr.nt of <mployrd tr01-k01-S impair ;:i:,tint; contracts
Cur -;crvi e,r I- it I n t lie ubst i t[tV.ion of funds
;)l lr)cated 1111(10r thhis Agree[nc=nt for other funds in
c01111ect ion wi t It work wl)i ch would hive heen per fnrmcd in Elie
., h>: ,> r, c c• o f t h i s, A}; r c•,-III ,r n t.
90-% 41
(: ill RPOP,TS All 1)1TS AN fIVAi,IIATi:)NS
the COrll'",,At,'V't1R shall compl v ari tla the FcitE,ral Di rective
rI r(.'c1 by the I 1)t_,1) 1 ri rne1nC �r llottsi rt„ and Urh=an
1)r c l opment (USIf111)) L o rloculit nt_ that protTr.-)rn a r t ;arcs
i)r)vi_dcd fOr the bF�nefi.L of low Lo t�aoderate income persons.
In :ar_cnrd:incv with the Code of Federal. RegiiIat_Lnns 24 CFR
Part 570.506, records shall. be maintained for each activity
to (10Lurm111e th:)t --ervice5 henefit low and moderate income
I)t, V 1;011s .
At the re,quc,st of CITY, CONTRACTOR shall transmit to CITY
written qt;atl-�ments of CONTRACTOR"s official policy on
pacified issues relating to CONTRACTOR-s activities.
t:LTY may carry out monitori ng and evalaiati-on activities,
inc.liiding visits and observations by (7TTY staff; CONTRACTOR
shalI k-nsure tIte coo1)erati.on of its employees and Board
rneill h(2r5 i n such of forts. Any inconsistent, incomplete, or
i (1-ide(1u.at Ee i nfor►nation ei ther. received by the CITY or
,1)t-:fined through monitoring <;nd evaluation by the Cl'I'Y,
-= r,it:tl t c 1)11 t- iLuLt' };c)ud c i u o IF the Ci'ry to termin:3te this
Arrerment at :any time thereafter.
a
ARTICLE; iI: I
3.1 CO3M 1;NSATLON
A . c; i rY .:ha t I p:ay CON T1'ACTOR, as m:ix mum cmp ensat ion for
3
It r,rvicc t-ogliired p')rE.u;irir. to Article T1 hereof,
51),000,nt),
R cITY >h, 11 h<ivc' the ri>;ht to revi(2w :id audit the Lithe
rrl:rlr(I rr•co ds of CONTRACTOR pertaining- to
my paymc nt by CiTY.
A. All payments ,hall be re1ir.bursemenri for expenditures
irictirr,�d only during the term of this A;;reement, Itnd in
y
c ,milli ance with the previously aP1)roved Line -Item
I;udgt�t Such wt'itLr�n re<luE:;r steal l eor)t.?in a st:trE>tne11L
lci,iriny; ttic.l afiirtt)ii:;�, that a xpenttitnrewI m,ide
in icc:)rti:,ncc +aitli tht V�41 hudt;ct. Ail
—I
90 415
b -
a
documont •it ion in R"riport of P"ch rvgnesL s:hal l be
n " h 1 p c I t o appro va 1 by Cl TY :at: t hr t ima thr regitest is
m.adP tnd a l l i nvoicps; are rPgni rad L0 he hair# by
CONTRACTOR prior to .nbmission. All reimburqcments most
bV i n 1 i nv--f tem rnrm rind h0 in accord wi th this
Agrvement. Al expenditaares must be verified by
o r•i-gi na 1 invoice with a copy of the check which was used
Lo hay that spVcifIe invoice. Within 60 clays of
tiubmi t L fng reimbu rs event: r equast , c0pi e5 of the
rancell ed checks shall he s " h m i tt. cad. In the event that
an invoice is paid by various funding sources. a copy of
t het invoic in may he submi tted but must i ndi crate the exact
amount paid by v a r i ous fundi ng snurcew equal ing the
total of the invoice. Nn miscellaneous categories shall
he accepted as :a line item in the budget. Request for
l.i ne—it em changes are allowable, wf th prior revi ew and
approval by the CITY. All 11ne--item change-, must be
made prior to the end of the term of the :agreement.
N,. RequvAts fur payment should be made .at 10ast on a
Mon t41y ba,is. Rinimbursomeitz requests Should be
submiLtod t<j vile ;ITY within L A i r t y (30) calendar days
;after the i ndebtedness hos been incurred. Failure to
c1,mply Ina result in the rejection fur repayment of
those invoices within the reimbursement package which do
tlr•,t mr,et rh rc .lui romc-nL.
C. CONTKACTOR mast submit. the f inal requr-r-t_ for payment to
Liar- C111,Y within 30 calendar (Iays, fo11owIng the
expiration date or termination date of this Agreement.
It the CONTRACTOR fai In to comply, all rights to payment
are forfeited and the CITY Shall not honor any request
Nubrnittpd after the aforesaid agreed upon period.
1). Any payment dile under this Agreement may be withheld
pond ng I lit rer vi rjt a n a :approval h, thCITY 0i ;all
repo t.s due from the CONTRACTOR :as d p a r L of this
contfact and any modifications thereto.
- 90- 415
1.3 F MANC I AL ACCOUNTAB I L 1 TY
C I I "t a(-tel"f,-; the ri)sht. 10 anlit thr record of t;nNTRACT0R
at any time daring the performance of this Agreement and for
I pCa i od of three years raft er f ina I payment is made under
this Agrecmcnt. CONTRACTOR agrees to prgvi_de all financial
:and ot:het ,applicahle rocords and documentition or services:
to CITY. Any payment thuretof"re made shall he subject to
t nd"vt inn foa amounts i ncInd ed in the related invoice which
•are f ound by CITY, on the ha si s: of such audi t, n n i to
constitute allowable expend itnreti. Any payments made to
CONTRACTOR :are s u h j e c t to reduction for overpayments on
previously submitted invoices.
3.4 RECAPTURE' OF FUNDS
CITY shall reserve the right to recapture funds when the
CONTRACTOR shill tail (i) to comply with the terms of this
Agreement or (ii) to accept cunditfons 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 K� s u b i e c t: to amendment nr termination due to lack of
funds or authori.zition, reduction of funds, and/or change in
regulations.
ARTICLE IV
4.1 1NIli•MNIFICATfON
CONTRACTOR :,half. indemnify, defend ..and wave CITY harmless
from :and agnir.st any and all claims, liabilities, losses,
and (-,:uses of :act iun which may .arise out of CONTRACTOR's
.ac[ i vit i res sander this Agreement, Including all other acts or
owl `-1nns U- :act 00 the part of Ct1NTRAl.NM, lnr1uding ally
prrti r1 i:'l ] Ilr; tOI' ')h nll lt5 1)(!11Y1 f f l')a'i ;111(! ;aga1 nsa a11y
i e I t Va11( of d c r s jud}',Ili( of n , or decrees which may be entered
- S - 90- 41
vigain<;t the CITY and from rived ngiingt all rogLq, aLrnrnvy"s
i "P4, rxprngr+., rand 1 i ahi 1 i t i rq i nv"l-red by Lhe CITY in the
dvi-pti e of ,any such claims or in the invrstigntIon thereof.
4.1 AMEN11MENTS
Nn •lill Pildine11t`; t() thi'; Ay;moment �;Iia11. be hind1n; on either
parry unless in writing ,and signed by both parties.
4 .3 O4INP:ft ;H II' Ot7 NOCllrtl?NT',
All documents developed by CONTRACTOR under this Agreement
sIia1.t be dottverod to CI Ty by said CONTRACTOR upon
completion of the services required 11111's<uant Lo this
Agrooment :and shall become the property of CITY, without
restriction ion or timi tat ion on its use. CONTRACTOR ragroes
their A11. documents maiutAined and generated pursuant to this
cant rractua 1 relat ionship between CITY and CONTRACTOR shall
he subject to all provisions of the Public Records Law,
Chapter 119, Florida Statutes.
It is furthrr understood by and between the parties that any
documents or thing which is given by CITY to CONTRACTOR
pursuant to thin Agreement sh.aII at all - tames remain the
property of CITY and shall not he uqeA by CONTRACTOR for any
of her purponos whats"Ovor wi thont c h o written consent of
CITY.
4 ./4 A141sI, D OF A ;V I;E11.1ENT
(',M.1 PAC'I'MZ
worrant y
that it has not empIoyLid
or retained
.any
pv r n " n empI
oyc l by
I hey CI TY to s 0 1 icir
or rsocurp
this
Alt -vr oul
,and Char
i t. h a N nor offered Lo
pay,
paid,
or
;agrvvd to
p;ay <any
p e r n o n employed by the
CITY
any
fee,
rommi ss ion
percent age., brokerage f e'er, or gif t of
any
kind
eonL i ngent
"pun or
resulting f rom the
award
of
t hi s
^,g rai mcwt .
- 9 -- 0- 41
r�
NOM f)r';I,r';f:A(i 1 I.I TY
Th „hl i uat i mn i„ dor i nkon by Lho CONTRACTOR hurqnanr to this
AlrocalpaL qh i1 I not h(r d01vgILvd or asgignc d to any other
1)( r;((n or firm CfTY .hall first cnnNont in writing to
thv pvrfnrm.)nvv Or .14qignmrnt Or sOch ,rrvives or my part
thereof by another person or firm.
6.6 CONSTRtIC;TION ()F AGRV,NJII?NT
TI)i!, Agr(,emf,nt tih;iI I In e o n N t r " v d and enforced according to
tho laws of the State of Florida.
4.7 0BLI(,AT10N To RENEId
Upon oxpir.)cinn of the term of this Agreement, CONTRACTOR
agrees, and undersrands that CITY has no obligation to renew
this AgrevMcnt.
4.8 TERMINATION OF CONTRACT
CITY rvLains the r1ght to terminate this Agreement at any
t i M 0 prior to the completion of the services required
pur4uant to this Agreement without penalty to CITY. In that
evvitt, 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
on amount i.n excess of the total sum provided by this
Agreement.
It is hereby understood by and between CITY and CONTRACTOR
that any 1)ayment ma(Ie in accordance with this Section to
CONTRACTOR shaI i be made only if said CONTRACTOR is not in
d(-far)It under the terms of this 'Agreement. If CONTRACTOR is
i n dk-f ault . t► en C1'I'Y steal l i n no way be obligated and shall
not p iy to CONTRACTOR any :gun: whatsoever.
90- 415
W
A
(I TTJ I-IJI Tj c -I c Ti I I I T- m :I V
t is Ihi A r �m o 11 .1 t J, ht irl writing*
d %yet "d by personal :;e r v c o or by
rrgI t 12 u c 11 M a i I d d r c e d to L ]I e o r Marty at the
address i n d f c ;A e d herein or As the same may be changed
f I- m t i in e to L i, m 11 - Sitch entice shall be deemed given nn
the day fill which personal ly served, or, if by mt-i 1. 1 on
t: 11 day after 1) v i n g p o e d nr the date of actual
rrceipt, whichever is earlier,
CITY
OF M f A H I CONT INACTO R
3501) Pn n
Am o r i c rn Drive G r ea t o r B i , c a y n e R 0 U 1 eva rd
t9iami, Florida
33133 Chamber of Commerce, Inc.
0 1 Biscayne Boulevard, Suite 509
i a m i , Florida 33138
Ti t 1. e ;ind p I r. I r:i T) 11 11 e;I d i 11 l s a r e for convenient
reference and are not a part of this Agreement
C.
n the o v c il t of cunf I ict between L h e terms of this
Agreement and any terms or conditions, contained in any
attached (10CUMC11ts, the terms in this Agreement shall
cont ro I
D.
No waiver firbreach of -I n y provision of this Agreement
s11.1 I I constitute ZI w.aivcr of any s u bs eq u e n L breach of
e a ill e or any other 1) r o ky i s i n hereof, and no waiver
:;h cl l he vI'ft-,CLiV0 11111OSS made in wr
y provisions,T) i ra g ro 1) b s sentences, words or
I r.-is e contained in this Agreement be determined by a
court of C o M. 1) e t e 11 t jurisdiction to 1) t--, invalid, illegal
11 n 11 o 1. C ".11) 1 under W of tale State:
f) 1 ida nr the C 1 t V of 1-1 i a III i I c h provisions,
11 c s nr 1) itrasc_s ,hall hee deemed
i tad t;I r y in order to c 0 11 f 0 1-11-1
with Such laws, r if nut mo d i f 1 a b 1. e to conform with
t 11 (�jl :hall he d iTi e t- d =c'ver;il>1e, and j ii
r.:lulls of this
i t h 1,curet,
1 11 ITI cldi f i (A d i Il f u 1. 1 force mind
90- 415
Lk
C11' 1't tIAC VOP 'I i t r. �;� {. r,) .•:._-. tnd fr rtl r ,h., i l hr t1 rPmnt1 t n
h i It (I nt c not r.,c-I ,rrs: and nrt aI nr ompl nvi�e:; of
CITY, ,rail sh.rl 1 not. ;tttai rt i n v T-1ghtn nr honef - its ,ruder the
Ci vi I Svrv1 ce or Pens I on Ordinance,, of t; I.TY r7r any ri ghts;
y ganot-A I I afforded class if icd or uncIas5j fi.ed employees;
fur-I.lit! t they s:hai1 not hr d,emerl entitIod t:o tIto 1,1orida
i
Workers Compens atinn henefits as an cmnloyre of CTTY. -
4 . l 1 SUCCESSORS AND ASSIGNS
This Agreeinr.nt sh;111 be hindi.ng upon the parties herein,
their heirs, executers, I(!gaI representatives, successors,
and assigns.
ARTICLE V
5.1 CONTRACTOR CERTiFfCATIONS
COP4TRACTOR tort 1.f i es; that:
It possesses; the legal authority to enter into this
Agreement by way of a resolution, motion, or. simiI ar action
that his bwen duly adopted or passed as .an official act of
CONTRACTOR-s governing body, authorizing the execution of
t lac AS; r(?i'm4'nt , itic Iudi ng all. understandings and assurances
cant if need heroi n, and di recting and authorizing the person
identificd as the oFtIcI.aI representative of the CONTRACTOR
I o acr in r„nnect i on wi th the A, roomc nt and t o provi de such
:additional infnrmation as may be required.
I N i, UNESS WHEREOF, the part i es hereto have caused t h i s
innLrutnent t,t be e),t-cuted by the rempective officials thereunt.o
d,tly authorized on the f i rst d;ai:e above written.
C [TY OF MIAIII munici pal
C"rpor at i err, of rho State of
Florida
ATTEST:
by
1�'+T'IY ill s�A1 C.KSAR H
c i l Y ULF: ', CITY MANAM,
- 12 - 90-- 41itE5
11
0
i
t'0P,1,ORA'1'I; SFA:lZFTARY
C;ONTFACTOP.:
GrOltpr hi r;t nt°
G11;ati11eI ,,f Ci)in-nercP, Tnr.
8101 Ri ; 4Yoc Nn"lov,ird, soitt5�9
Mi ami , FI a i da 331 38
GUARANTE[,
YRES T 1)KNt '
( SEAL)
j
in consideration
+tf th(,' Ci ty of Miami'; execu[ion of the foregntrig Agreement., the
undargigned, gun rant ee the performance of t11e term~ and
conditions in said Agreement required to be performed by the
CONTRACTOR including but not limited ti) the provisions relating
to default, assurances, and cert_i fi cations.
Dat+_d this;
y of
APPROVK0 AS To INSURANCE REQUIRKMENTS:
INSURANCE, MANA(,'F.M(ENT
APPROVED AS TO FORM AND CORRECTNESS:
1990
, an iniTIvidual
individually
i
b
CITY ATTORNEY
13 90- 415
0
C
CORPORATIt RF,SOTAITION
WHEREAS, _.GGreater Biscayne Boulevard Chamber Of Commerce
desires to enter into in agreement with the City of Minmt; and
1411E'RHAS, the Hoard of Directors .I a duly held corporate
meeting It:►s considered the m?tter in accordance with the By-1,:iws
Of the corporal ions;
NOW,
THRRE. ORE,
BE
IT
RESO!,VED
BY
THE BOARD OF DIRECTORS
that the
president ,
and
secretary
are
hereby autliorized and
instructed to enter into a contract in the name and on behalf of
this corporation with the City of t-tt.ami upon the terms contained
in the proposed contract: to which this resolution is attached.
DATED this -loth day of May 19 90
_- BOARD OF DIRECTORS CHAIRPERSON
��— SECRETARY
(CORPORATE SEAL),,
� -` 415
CITY OF rIIArII, FLOP IOA
CONM(fN'ITY RASF.I1 011,f;ANI7,A'17T WN (CRO)
T I I I S AGPEF,PIE,NT, entered into this
day of
1 9Y, hetween rise Ci ty of Mi ami , a mnni ci pa 1 corporati
nn of
the
State of Florida, (hereinafter referred
to ns the
"CITY"),
and
LITTLE HAVANA DEVELOPMENT AUTHORITY, INC.
(LHDA), a
Florida
not
for profit corporation, (hereinaft(-r
referred
to as
the
"CONTRACTOR" ).
FUNDING SOURCE:
TERM OF THE AGREEMENT: Cof;
AMOUNT: $ `50 C (> VENDOR NUMBER:
TAX IDENTIFICATION NO.:�) L� g
EXECUTIVE DIRECTOR �,`�U�`�L) t (� =J�('. 5c � � �c
(('j�i-� Ci��'
ADDRESS: _� _1i� _ �J� c �t.t r Ti p 0) / i r; 3\3 Q(
TELEPHONE NO.:
NOW, TH1:REFORE, in consideration of the mutual covenants and
vhiify:+tions herein set forth, the parties understand and agree as
follows: '
ARTTCI.F, I
A:: a necessary Dart of this Agreement, the following documents
which havt> been providod by the CONTRACTOR and approved by the
CITY irc art -ached:
! .1 Corporate Resolution authorizing execution of this
Asfret,ment .
1.2 Vork Prograin (approved by th(, CITY).
1.3 liudpet Summary, to include: completion of CONTRACTOR'S
Ili o*rr3in/Li ne—I t em budget/Expendi turd Justification, Total.
ACtcl;rl and Project ed funds Di ;closure, and Staff Salaries
;ichtdtrie (on forms supplied by the CITY); budges for
{>r(t)?,r;lm—t;cnt,raLvd revc.uut, .; cnpi es of al I suhc0ratract. s
and/or manrts =tenant scr-vicc=s ;ipreements funded in wht)le or in
p rt r t it n d o r r h r t, e l,j e it t 'HEN RETUR111I NG VW( FURL
REVIEW, PLEASE IDENTIFY AS
1.4
Certific.ntc, of Insurnncr which rc>f1r,cts CONTRACTOR'S
=
current l iahi l i ry i nsnrnnce, nami ng the CITY as primary or
addi ti ona 1 ins,ur-od a'; d e t e rmi ne(I by the Law Department of
-
the CI'T'Y, currant Workers- Compensation in,,urnnce; current: -
Fidelity )fond (applicable for all 1)crsons who are
aut{rorized to receive and dishurse funds under this
Agreement); and other coverage as deemed necessary, if
applicable (i . e. automnhi le insurance) .
1.5'
CONTRACTOR's Corporate Sent (to be affixed to Signatory
Page, and Corporate Resolution).
1.61
Copy of CONTRACTOR"s Articles o'f Incorporation, Charter and
Bylaws.
1.7
list of Present Principal Governing Board Of ficers and
—
Mern1)ers of 1 he Board (names, addresses rand telephone
numbers).
1.8
List of Key Staff Persons, with their titles, who will
carry out this progi-nm.
1.9,
Completi.oa of Authorized Representative Statement.
1.10 ,
Completion of Statement of Accounting System.
= 1.11_
A latter f rom an independent Certified Public Accountant
=
whi ch expresses the op pion that the CONTRACTOR "s intern.l
-
controls aro adegtiate to safeguifrd the organization's
as,.;et s
1.12
Corpor:itc, Personnel Policies and Procedures.
1.13
.1 1)escription .ind Rc-suines for all positions funded in
e
wIf I e crr i n pa rt under thi s Agreement.
e 1.14
Acceptance of Office of Management and Budget (OMB)
Ci rcul;rr A -I It), AttacItineiits "A", (Cash Depositaries),
(Bonding and Trr:;urance "C" (Retention and Custodial
Requirements for Records), "F" (Standards for Financial.
Management Systems), "if" (Monitoring and Reporting Progress
Performance), "N" (Property Management Standards), and
e
"O" (Procurement Standards).
90- 415
I . 15 Acc:inrr (If [fill) 11,c}tu l a t l 1n; ?.h C F R 11n rt. P5 ent i t. l ed
niferrm A d in i n i I r ILivc Rrgnirements fear Grants and
rativc AI,reements to State, T'reca1. and Federally
Rcc�rs;ni_ze(I Indian Tribal C;overnments".
1 .16 Acceptance of 11oIIcies .and 1'1-ncedures Manun t for Community
Rammed 0rnizations.
As it rrecessnry part of this Agreement. the CONTRACTOR sha11
provide the fol lowing; documents to tine Department of Community
Development , i n accordance wi t11 the requi roments of the
Agreement:
A. Final Fx1)endi tune Report to be submitted no later than
thirty (30) days after contract expiration.
R. Certified Independent Audit to he 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 ilie Lude 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 Rased Organization
agreement with the Department of Community Development.
The City of Miami's Department of Internal Audits and
Reviews shall have the authority to revi.•w CONTRACTOR
records, iIle luding 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
riccount and supporting documentation should be kept by
the Contractor it least three (3) years for audit
purpuseS.
- 3 - 90- 41
1;
A R "I' I r; T, F; I I
2.1 T!"lE OF P1',1;FORMANCI;
'flit, term of thi, Agreemorit shall h.- fIOm JIIIV 1, 1990 to
ikIne 30, 1 99 1 .
2.2 CITY A1►TH0RIZAT10N
For the purpose of thi s Agreement, the CI ty of Miami
Department of Community 1eve101)ment (hereinafter the
"I)I;PARTMKNT" ) wi I i act on beho l f of t_he CITY i n t he f iscal
control., programmatic monItorin7, 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
operas ion,,, 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
certIticaLes of insurance: and bonding, indicating that the
CONTRACTOR 15 iii c.ompIiance with the provisicin:> of this
.aI-L iC110.
- 4 -
7
CUINTRA(;rF1, Thal 1 I)rnvicic thr fol Iowing cov('ra);c-S:
a)
Insurance cov0rage that ref lects
sound business
practices acceptable to the CITY's Insurance
Management
Di vi si on of the Law Department .
b)
Fide.I ty bonding for a] 1 persons
handling funds
received or disbursed under this Agreement in an amount
equal to ur greater than the maximum
amount of cash
held at any one rime. 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 "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 L1:VEL OF SERVICE:
Should start -up tiine for a program be required or any
delays in service occur, the Department of Community
Development i s to be notified in writing immediately,
giving; all pertinent details and indicating when service
Shall bej!in and/,.)r continue. It is understood and agreed
that the level of :services, activities, and expenditures by
the CONTRACTOR, in existence prior to the initiation of
Service; hereunder, shall be continued and shall not be
r ditcc,ci in any wiry as a result of this Agreement. Programs
fuuded through this Agreement shall. not r.esul.t in the
displacement of employed workers, impair existing contracts
I ,r services, c}r r & s u I t in the substituti.ort of funds
a IoCated ernder this Agreement for other funds in
c1117vcL i oir wi r: 11 work whi ch wou1 d have been perf orrrred i it t.he.
b t ncc cif t his Ag,reenier,t.
99- 415
r r
docnmi�ntnt
i rin
i u �;rrpt��,rt
of
uci�
rc�iue�;r.
�hn
slit) act to
appro,vn
1
by Ci TY
at:
the
t i me the
request
i G
in;ldi, anti nl l invoices sire requi rr,d to be paid bV
Ct)NTRA(:T0R prior t��uhmiGsirin. At re1mbursCments must
be in 1 ine-i tcam Corin and he in n c r n r d wi th this
Ati;reeinent_. Al l expenditures must he verified by
original invoice with a copy of the check which was used
to pay tlint specif is i nvoice. 141 thin 60 days of
submitting reimhur,;emont 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 he 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 CTTY within thirty (30) calendar days
after the indebtedness has been incurred. Failure to
comply may result in the rejection for ,repayment of
tho,;e invoices within the reimbursement package which do
not meet this requirement.
C. CONTRACTOR must submit the final. request for payment to
the CITY wititIn 30 calendar days following the
expiration date or termination date of this Agreement.
If the CONTRACTOR fails to comply, all rights tit payment
arc> forfeit+d and they CITY shall not honor any request
5ubmtttt-d after the aforesaid agreed upon period.
D. Any payment dui' ender this Agreement mity be wi thheld
pendi r+g the receipt and appr-oVaI by the CITY of al l
reports duce f rc;m the CONTRACTOR as a part of this
coat ract ,end any inodi f icatir-)ns tlteret (I.
- 7 90- 415
3. 3 `r 1 NANC I A1, A(:Cr1I1NTAB T 1, 1 TY
C1TY reserves t_he right to ,audit the recnr-d�, of CONTRACTOR
at onv t: Imp duri n); the performance of thI s 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 service,
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 �,uch audit, not to
constitute -11,1own ble 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 i.s subject to amendment or termination due to lack of
s
fund,, or authorization, reduction of funds, and/or change in
_
regulations.
ARTICLE IV
-
4. 1 INDFMNI FICATLON
—
CONTRACTOR ::hall indemiaify, defend and save CITY harmless
from and against any and all claims, liabilities, losses,
:and c,ausrs of action which anay arise out of CONTRACTOR-s
act ivi.ties under dais Agreement, including all other acts or
omissions I act on the part of CONTRACTOR, including any
p rr,on actin); for or on its behalf; from and against any
rc:lcvant orders, judgments, or decrees which may be entered '
- =t
--
90- 415
—�a
��
t
W IV
against they CITY: and from and againut all coots, attnrnev's
fees, expanses, and liabilities incurred by the CITY in the
defense of :any such claims or In the investigation thereof.
4 . Z AME.NDMENTS
No :amendments
to this
Agreement shall
be
binding on either
party unless
in writing
and signed by
both
parties.
4.3 OWNL•'RSFIIP OF DOCUMENTS
Al 1 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.
4.4 AWAR1) OF AGRE,E, MFNT
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 ar.y
person employed by the
CITY
any
fee,
commission percentage,
brokerage fee, or gift of
any
kind
contingent upon or resulting from the
awArd
of.
times
Agreement.
9 - 90- 415
0
4 .5 NON- D-ELEGAH I L [ TY
The obligations undertaken by the CONTRACTOR pursuant to this
Agreement shal l
not hci del egated
or
assigned
to any other
person or firm
unless CITY shall_
first
consent
in writing to
the performance
or assignment of
such
Services
or any part
thereof by another person or firm.
4.6 CONSTRUCT'fON OF AGREEMENT
This. Agreement shall he construed and enforced according to
the laws of the State of Florida.
4.7 OBLIGATION TO RENEW
Upon expi r:ati.on of the to rm 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 here -by 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
in
default under the
terms of
this Agreement. If CONTRACTOR
is
in default, than CITY shall in no way he obligated and shall
not pay to CONTRACTOR any sum whatsoever.
90- 41
1, GV EI'A1, C,WND I TI ONS
A. Al i n(,t.icev <<r OLher-
commnnicntions which shall or may
he g 1v(,n pugtitin nt
to this Agreement. shall be in writing;
rind f;h:tl I he del
ivcred by personnI service, or by
r e j, I !, t o I- o d ma l addressed to the ot11er party at the
address indicated
herein or as the same may be changed
from time to time.
Such notice shall he deemed given on
the day on which
personal ly served, or, if by maii, on
the fifth day after tieing posted or the date of actual.
receipt , whichever
is earl i er.
CITY OF MIAMT
CONTRACTOR
3500 Pan American Drive
hi tt l e Ilavana Development
Miami, Florida '33133
Authority, Inc.
970 S.W. Fi rst Street , Suite 407
Miami, Florida 33130
8. Title and pa rag,raph headings are for convenient
referenc(I and are not n part of this Agreement.
C. in the event of conflict between the terms of this
Agreement :and any terms or conditions contained In any
=ttached documents, the terms in this Agreement shall
cont ro 1 .
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 he effective unless made in writing.
!;. Shoul,_I ;tny 1)rovIsions, paraigraplas, sentences, words or
I>hrases contained in thus Agreement be determined by a
court of competent jurisdiction to be invalid, illegal
o!- otherwi se unenforceable under the laws of the State
oaf Florida or the City of Miami, such provisions,
par.+graphs, sentences, words or phrases shall he deemed
ntodi f i e d to the extent necc,ssary in order to conform
with such laws, or J- 17 not modifiable to confortaa with
such 1�awS, than ~sunk, shall be deemed sever.able, rind in
either event., the, remaining terms and provisions of this
Agreement iliall remain unmodified and in lull force and
1 � f
CONTRACTOR and it,; cmhlneops :and af,Pnr q shall_ h- dePmeri to
h0 i ridvj)1-1lrlr'tat. 1'(11)t a;1(-t r,rs ;and not a4?ent`: r,r empInyCos of
CITY, and v h a I I not ,train any rights or benefits under the
Civil Svrvice or Pension Ordinances of CITY or any rights
generally affnrded classified or unel:assificd employees;
farther, thPy shall run he rivemed cntitIvd to the Florida
Workers' Compvnsat.ion benefits as an employee of CITY.
4.11 SUCCESSORS AND ASSIGNS
This Ag r Bement shall be bindi ng; upon the part ies herein,
their heirs, executors, legal representatives, successors,
and assigns.
ARTICI.,E V
5.1 CONTRACTOR CERTIFICATIONS
CONTRACTOR certifies that:
It possesses the legal authority to enter into this
Agreement by way of :r resolution, motion, or Simi_ lar 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 exocuted by the respective of f 1 cial s thereunto
duly authorized on the first date: above written.
CITY OF MIAMI, a municipal
Corporation of the State of
Florida
ATTEST:
By
MATTY M RA1 _CESAR H. ODI O -
CITY CLERK CITY MANAGEk
- 1 2 0 -- 4JL55
11
U
I
A T i , :
:C1RP0 TF. SECRE'I AItY
IIECTOR GASCA
CriN f P.1Cl 0 P '
l,i t t j r (i :, •.,!,l tla !)E'l'('t:i ��r-�i_nt
AIIL111)1ity, inr,
970 S. Fi r.t St:r,00 Snit c
ht; rtmi , F'1 or 1 3t) 408
PRESTDF:NT LUIS SABINES
GtlARANTFI1:
(SEAL)
C1
oil f:-(Y►�l� _ in consideration
of the City of Miami"s execution of the foregoing Agreement, the
undersigned, guara11zeo the performance of t11e terms and
conditions in said Agreement required to be performed by thr_
CONTRACTOR including but not Iimited to the provi lions, relating
to default, assurancer;, and certifications.
ated this da�of
Bu
WIT 'SS:
APPROVED AS TO INSURANCE; REQUIREMENTS:
INSURANCE: MANAGEMENT
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. F'I.RNAN;)EL
CITY ATTuRNEY
5/()2/90/gid
, 1990
, , individual
indiviN ll.y
90- 41
LA
CORPORATE. RESOLUTION
WHEREAS, LITTLE HAVANA DEVELOPMENT AUTHORITY
desires to enter into nn agreement with the City of Miami; and
WHEREAS, the Board of Directors at i 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 presideat,and secretary arc hereby authorized and
instructed to enter into a contract in the name and on behalf of
this corporation with the City of ;liami upon the terms contained
in the proposed contract to which this resolution is attached.
DATED this % ? day of
UOAItD OF RECTORS CHAIRPERSON
LUIS SABINES
SE'CRE.TAitY
HECTOR GASCA
CiTY ()F tIIA?,tI , FkOF' 11)A
(IDMIHNITY BASED nRCANi7.ATEnN (C"n)
T'H i 5 AGREE,MENT , tint erect i nr. o t h i S d.ay of ,
1 c/ betaiecn the City of Mi nmi , a r,tuni ci pal corpornt ion of the
St.atr- of Florida, (hereinafter referred ro as the "CT.TY"), and
MARTIN LUTHER :LING ECONOMIC DEVELOPMENT CORPORATION, INC.
(MLKE.DC), a F I o r 1 d a not for profit corporation, (hereinafter
rof erred t n as the "CONTRACTOR").
FUNDING SOURCE: CITY OF MI11III
TERM OF THE AGREEMENT: Six hlonthq
AMOUNT: $ 25,000.00 VENDOR NUMBER:
TAX IDENTIFICATION NO.: 59-2042422
EXECUTIVE DIRECTOR KAI, JI , I,IA _
ADDRESS: 6116 N.W. 7th Avenue, N.iami, FL 33127
TELEPHONE NO.- (305) 757-7652
NOW, THEREFORE, in consideration of the mutual cr,venants and
obl igNt ions herein set forth, Lhe parties understand and agree as
tallnss:
ARTICLE f
A{- ;i nococ ;�d:Ary part ) this Agreo-ment, Lhe fnilowin}; documents
h hivi, been prnvidt-d by the CONTRACTOR -,nd ;inproved by the
('I TY r it t;)c hed :
l.lt p,.r"IV wesolution authorizing execution of this
AIrcomvnt.
1.2 Work Program (approved by the CITY).
1 . 3 Budget SummA ry, tc; i nc Iud.: completion of CONTRACTOR'S
Program/Li no -It em Budget/Expenditure Justification, Tot al
Act aa1 anti Pro Ivcred Funds Disclosure, and St at Salarie�t
Schvduly (on forms supplied by the CiTY); budget for
pr"grAm-,renorar cd revon"UKI eppi- ens of all qubcont race s
A Iid l" r m;i nn4emrnL s ury i uvn ;i); ropmeIIt s Funded in 'whole or in
il,j ti .��
tri!t t:'111�.
' t'(''HEN REIJk,�ING W11 NRi
(tCV04, PLIAH IDENTIFY AS
99- 415
l ,1, ("r'rt i I i r�tt c' of fnsi_rr,rncr' which rrf I acts C,011 T HACTT9R"S
vnrrrnt 1 1 1 b1 11 ty i n.q"rnncv, n.am1 ng the CI TY as prim ary nr
i d d i t 1 n n a I insured as; determined by the Law Department of
thc- CITY; c..urrent 14orkers' Corn1)eTIs I t i o n insurance: c-nrrent
Fidel i ty Bond (applicable for al 1. per.gons who are
authorized to rervivc> .and dtsburs,e funds under this
Agreement) ; and other coverage .a A deemed necessary, if
applicable We. autnmahi l e insurance).
1.5 CONTRACTOR"s Corporate Seal (to be affixed to Signatory
Page, and Corporat e Resolution).
1.6 Copy of CO(`l'iRACTOR's Articles of Incorporation, Charter and
Hylawn .
1 .7 1.i t of Pres;r nt 11ri nci pI I Governing Board Officers and
memhecs of the Board (name,, addresses and telephone
nram'hers) .
i.N List of Key Staff Persons, W t h their titles, who wi;l
carry out this, 1)rogram.
i.9 Comp Lotion of Authorized Representative Statement.
inn Completion of Statement of Accounting System.
I.li, A IoLtor frr,m an iadepondent CortiFied Public Accountant
whi ch exprunmus the opi ni on that the CONTRACTOR's internal
controls a r v radecluaIV to gnfFguard the organization's
Ins Ct.s.
1 .1? Govporratc• Pc rsnnne1 Policies :and Procedures,.
l.11 Job bvycription ,and Rosurnc's for :ail Positions Funded 1n
whole ov au purl under Thin Agreemeat.
1 .14, Acceptance of Of f i ce of Management and Budget (01.1R)
Ci rcuI ar A-1 10, Attachments "A", (Cash Depositaries),
" H " ( Bond! ng and Insurance), "C" (Reruntion and Custodial
1?c qui remeni `, I a Recor ds ) , F" (Standards for Fi ncanei n1
Managument Systems), "H" (Monitoring and Reporting Progress
Performance) "N" (Property Management Standards), and
"O" (Pruc"rvmvnt Straod:ardb).
1= lrdb�
w
;I n c o i r) rl C F, P P -I r t 8 r
-nt i t I ed
i t M Administrative !?eq Ili remoil t c; for Grant.,
a n el
C n V i v A g r I, in I., I) t: t taLr Lo c ;I I and
Federally
T r i ha I C 1) v c r It M 0 111' S
es
16 A c c v 1) t- a it r i of 11 ri I i c I v rend Pr oc odu I Manll:ll for
Community
Bi!; ed Orgin i z;4t i on';
A q :i n v c ez sn r v p;i r r of this A5Treemert. the CONTRACTOR Sh;311
provide L In c f,) I L ow 1 ng -1ocumc,nts try the c Deparrmont of
Co mmii n i t y
D e v e I c, pm c n t In ;iccorda lie e w i t 11 the req Ll i reme nt s
of the
I tgreouient
A F i nn I I-,'x p o n d i r u r c Report to he >;uhmltted no
later t h an
L 11 i I C y ( 3 0 contract expiration.
Ce rt i f i ed independent Audit to he �-, it 1) m i t L e d
sixty (60)
(Jays after contract expiration.
CONTRACTORS receiving monies from t h e Department of
Community 1) 0 v 0 1 o 1) m e I I t mti,, t. al beat e i n t li e i r b Ltd g c- 1: s
sufficient funds to -;ecttre in annitil independent
audit
vili i c h mint include the expression of an opinion
on the
C o n t ra c t. o r ti financial Statements, a ii d a
compliance
i it g whether the CONTRACTOR is .in
conformity
with F d e r it I ;;rant r eg, it I ;i t i o Li s (Office of
Management
:and B it (I g e I- C i r c it I a r A- I 10). Said audit
Mu S t be
I I hni i t L ed 110 1-1 t e r than sixty (60) day:
after the
eyp i ra t i o n of the Community Based Or
ranizatlon
�
-A ), r v 0 M I, n t with the !) c 1):i r t n (., n t of Community Development.
The i I Y M i I IT) i s 1) pa I- t III e 11 of lnterrlal
Audits .and
1( v t I w sha I I I,.-, v t_ 11,- nciLltority to revi ew
CONTRACTOR
records, 1 n c I u d i It?; progr;iminat i c r 0 co I- d and
honks of
Accotint , for -i puriod of up to three (3) years
from the
L e rin i n;i t i c) n dat t. if the i-1 jY r e eine ri t All
books of
c c o u ii t- :And ,; u lip o r t I P),, d o cu In e n t a L i (:) n hhould
I) e kept by
t It c Co it t r a c I- r at I oa S t r 111 3) years
for audit
--4
90- 415
ART 1 CLR I I
M1-: 1)F t'F,V.F 0RMANC!,,
The trrni of thi : Aa;rvemonL sha1 l h- t rom July 1 1990 to
Decomber
2 Ci I A.LIT IIOR 17ATI0N
For t_hc purpose of this Agi-pement, the City of Miami
Dppi rtmunl-
of Communi t y
1)c volopmont
(herei naf t er
the
"OEPARTMP,NT"
) wi 1.1 act on
behalf
of the
CITY i n the f i.scal
cone ro 1 , progrnmuint i c mont t e,r i ng, and modification of this
At , pument, pxcvpL as othvrwisv provided by this Agreement.
2,3 nKhtGATiON OF CONTRACTOR
The CONTRACTOR sha 1 L carry out the servi ce> as prescribed
i n i t:s Wo rk Program ( At tac_hmunt t ), which is attached and
incorporated herein and mode A Part: of this Agreement, in a
IawfnI , rand proper manner, satisfactory to the CITY, in
:accordance with the written policies, procedures, and
req"irementg as prescrihed in this Agreement, as set forth
by Lhe United States Secretary of. Treasury and the City of
Miami Department of Community Development.
Contractor is aware ,and :accepts the Policies and Procedures
M,i111aI or Communi ty Rasod Or,annizntions a the nfFici.Rl.
cl,.rilaPnI which nlatl in04 th C F1gcaI, administ"rntive and
We-dor"I y"Idol inps and which shall a-eRnlate the, day-to-day
opci .at io"n "I the CONTRACTOR.
?.4 KnNtl,1 NC nNl) 1rwSURANC1:
C0NTRACT0K sIi al l inrai n t a i n in.uraricf, and handing coverage?"
.a ccerptahIe Lo the CLTY"s Insurance Management Division of
the Law Department. Prier to commencing any activity under
this Agreement, the C0NIRACTnR shall furnish to the CITY
cortiflvit,- of in;urince .and h„nding indicatinthat the
CONIRACTOR is i Ia compl ianc, wiL11 the provisions 0 V Hair,
art Ole.
- 4 -
90- 415
CraOFRACTOR shall providic• the following coveragpq:
I l
ing"rnnup covers t h I r-F I "ur q
o " n d buy 1nesn -
pract ic•er; "cc eptabIP t;n riac•' CITY" Insurnnce Hnnagement
Division of the Law Department.
b)
Fidrl ity bonding { ur al l persons
handIi.np, funds
recc•i vod or disbursed under this Agreement in an amount
F'gnal to or greater than the maximum
amount of cash
11oI d at any nne r ;mcr. CITY shall
be a primary
:add i t i o n a 1 i ns:urvd on all insurance policies
and there
shall he no exclusions in such policies
to override the
ClTY coverage.
c)
Current li:abi lity insurance shall he
rated by A.M.
Aest'n as to "A" Clnssificatton and "V"
as to financial
size.
Compliance
with the fora„oi.ng requirements shall
not relieve the
CONTRACTOR
of its I i:ahi 1 i ty .and obl.i .;at ions under
this section or
under anv
other section of this Agreement.
Z .5 LF.VK1, raF SF. RV I C-H
Should start-up time for a program be required or any
dalays in service occur, the Department of Community
Development is to he notified in writing immediately,
k7ivink; ."ail pertinent details and indicating when service
nh.a 1. I begin and%or continue. It is understood and agreed
that the level of services, -activities, and expenditures by
t:he CnNTRACTOR, in oxistence prior to the• initiation of
services hereunder, shal l be continued and Shall not be
rvdurrd in zany wary ,as :a rPquIt of this 'lgreement. Programs
funded through thin; AgreemonL sh,al l n " t r e s u I r in the
displdrement of employed workers, impair existing contracts
I o r services, or result in the substitution of funds
allocated under this Agreement for other funds in
U,,H"Ortion with work which w"ufd have hewn performed in Lho
,ah+rnvc of thih Ashrveme"L.
- 5 - 9()" 41 AL
PCrORTS, AUDITS AND rVAEOAT-InNS
Th C'ONTR 1CTOR Nhn I I rnnn I v wi t h t he 1• o d r r:i i 1)i roct i vc
i vqu1 reel by the V.S. D irI ment of lln,eqi rig and Urban
Da olopmerit (USUUD) to de,crrmcnt that program activities nre
nrovi rled for the— benefit of low to modest o income parsons.
[ r jct,Ord.ene e• vii t_h thr Coder of Fode•r.11 RVt?I Izit ions 24 CPR
Part 570.506, records shall he maintained for each activity
La din tesrmi nee that service: he:•nef it. low and mode rate income
pot monR.
At th ;, ro(Iito ;t of CiTY, CONTRACTOR shall t r.3nsmi t to CITY
wri un gritements of CONTRACTOR-s; official Policy on
mpecitied ignues relating to CONTRACTOR's activities.
CiTY may carry out monitoring and e v a I " a t i n n activities,
i nr l"di ng vi sits and observnt ions by CiTY Ptaf f ; CONTRACTOR
sho I I Pn` a r" t ho cooperation elf i V s vmpl nvens and Boa rd
memhPrs in such efforts. Any inconsistent, incomplete, or
i nredequate i nrormat ion ei ther received by the CITY or
obtHned through monitoring and evaluation by the CITY,
shall eonsti torte good cruse for they CITY to terminate this
Agreement at any time rheroatter.
ARTICLE LIT
3.1 COMPENSATION
A. CITY shall pay CONTRACTOR, as maximum compensation for
they servi cus requf rod purr,uant to Art icle II hereof,
325.000.00.
1,,. e;l'L'1` steal I have t};e riti*ter to reviow and audit the tune
records .and related records of CONTRACTOR pertaining to
my payrnvnts by CITY.
A. Al l paymants: shaI l he re,imhursements for expenditures
irtcurrod only during this teat of this Agreement, and in
enmiriiNnive with they I-) rev ionsly approved Line —Item
Wdgct. 5uuh wriLLcn rreiuent 01"ll enntnl?t i sta1—•newt
drularieras; And ifIirming thit all expenditurev were made
i" auenid"ncc wiIh Lhc approved hudgvt. Pell
90- 415
doCItmt�ntnt inn in i)1)„rt- +f such r,>q+rr.t chat I he
,;I+hic'ct t 1)1)rnIt;1l by CITY tt l`tit (I the roque4t I
in; Id ;tnd t 11 1 nvcr,s ai'c, rc(t i r+I;l t,r he Paid by
(A 14T1\11(;V R 1)ri+)r n. L1- r. imhlt1,1;+1m1,11t:s must-
It in t iif i t-t'tn In nn(l h< in Icc,)r(I w th this
Ayr, r o c inont . AL I c •:Pcnd i turr ti mug t i-)e veri f i ed by
(I :r,i n:) 1 invoirc, wi th it c,+pv of 1:h1, check which +7as used
tc) I)rly t hat s1)eC Fic invoiI- Ui tIti n 00 days of
;uhmi tt Int; rc;lnhuI,-;event rerlucst , copie�: of the
cnncc-LIeci checks shall he submitted. In the event that
art invotice i:, paid by various funding Sources, a copy of
the invoice may he submitted but must indicate the exact
amo+tnt paid by various funding sources equaling the
Iota 1 of: the i nvoic r. No inisce I Ianeou5 crtt egori es ,haI l
be accept ed as a t i ne i tem i n the budget. RequeGt_ for
line - item clt,triges are Allowable, wit1i prior review and
anprov.tl by tho CITY. Al line-i tem changes must be
m.tde prior to the end of the term of the agreement.
B Requtr,tits; for payment sh()uld be glade ,t Ieast on a
mr)nthly basis. Reimbursement requests should be
submitted to the crrY within thirty (30) calendar days
.!tier the indebtedness has been incurred. Failure. to
c1r11)1y m;ly resent- in tItc? rejection for repayment of
tfl0>;o invoices within the rc-iinbur�;etnont packay{o which do
(IoL mert ! h it; rciqui rc�mI,nt.
�'. CUNTiZtl(,1'C)R nntnt suhlnir th<r f irtal recluCst fnr I)aymcrtt to
the CITY within 30 calendar day:, following the.
( kpi r:1l: 1 oa tl;t l 1' o r t l,rfit i n;it i oit (I;1t I, r,i t1) i s A,;r(°(,lneI)t
1 t tIt; CONTiZACTOIZ fai Is I.o comply, A11 right:: to payment
;lr(I I fc,ited ;tnd the CITY shaI I not hr)nor ally request
S11bfit ittod :iftrr the aIot,er;aid agreed upon pt,riod.
D. Any p.lYin ,'nt duc- under tl,i;s A,,irrcmont may be withheld
itdilt;IItc, r,c+,fl-)t ;inrl !1)hro%,al ) thr GITT of ,11
rr,,r,rt duc" I IonI the CO1,,11ItACTOIt is ! part of rltis
uit(_r.:ct tncl trIy, tnu,Iitic:it ir,n�: !ling1-tl�.
7 90- 415
Ll
E2
1 3 Fl N3ANC l A1, ACCMINJ Alt 1 1, 1 TY
CI'iY rt t.tI I i,;ht t„ :ill di t t he rrd�, of CONTRACTOR
:tt anv t iIt dn3 int, thn pf,rf )rInn ncv )f thi-, AgreemcnI anal for
hi•I i Od f t ltt ('(. V(•rrrt-: .3! t ( I I i n.l l p;)vmL�lit t i,; m;I(Ie 11n(Ier ,
tl , A);ref,Inoiit CONTRACT(11: I};t i i •. ( it p1 )vido ;II i t i il;ltic l;l l
rind other ;ipplic;ible records and documontation of services
rn (ATY. Any payment r_horotofnre made 5hal 1 he stil)ject to
reducrion f(,r ,imottntti incliided in thv related invoice which
;are found by CiTY, on the hasis of such audit, not to
constitute al 1owehle_ expenditures. Anti payment:; made to
CONTRACTOR aI-e suhiect to reduction For overpayments on
1)reviousIv ,;iibttiitted i.nvoIces.
3.4 RN:CAI'Tt1RF.
OF FUNDS
CITY shal
I rfservo
the right
to r e (I ;i I) t u r (I fund~ when thc-
c ON RACT0R
';11:1l 1 fai
1 ( i ) Cu
comply rri.t h the terms of this
Agi (,emenr
nr (i i)
to accept
condi tions imposed by CITY at
the diroctiun
of the
fed(•rnl,
,t;ire and local aIyencles.
3.5 CONTINGFNCY ChAUSF:
Funding for thi>: Agreeinent is contingenc on the availability
of tends Ind c4)nt:iniied aitthorIzaLion for progra.in activities
and itit) ject t,.) aviondmont or termination due to lack of
funds or -iiit hori "/, it iipn, r,, du c t i (•n )F i it ids;, and/or cli.tnge In
merit 1 .1t i nnr;.
Ai:TICLB I.v
4. 1 1 N0FMN i F I('.AT t ON
CONTRACTtR hall indemnify, defend ;and save CITY harmless
t r,,in and ;ig;ti n s t any and al l claim~, liahi I i t i Ps, losses,
,and c,tuc;es Of act. ion which may arise out of CONTRACTOR"s
.ict. ivities under this Agrerment, including gill other acts or
I,lili .;i„n:. In .cI I)n t11t11:•r`, :)I- CON' R'AC'VO11,, inc1.itding airy
1>c•11;11f fioIT) .,31d .ij31i3i11.7t 3r1V
r� I i ..int Ori1�_ T , iudgilielit �, , r;t (IecI.('es whic 13 Ill)y 1)(- t - II eI( d
a«afnP,t th,, Ci'3'Y: in(l f rWn and IffIinst: ;)II c•,,,tr;. att1)rn0,"s
f ;, rxt,n:cr~, ,,nd ii:rhilit. ies incurred by the CTTY in the
(It f ,I lily r;nch claims )r• in 1lie inv<_5t. igition thereof.
4.2 A1viGN1)MFNTS
N, +roe ndment t„ tIti!; Agvo(,in I)I ;hal l he hin,IIII; „II :>itlteI-
party tin] rs in writ ing and signed by both parties.
4.3 OWN F,RSIi1Y OF DOCUMENTS
A] I document,; developed by CONTRACTOR under this; Agreement
shail be deIivered to CITY by raid CONTRACTOR upon
cWnpletion of the tieryrequired 1)urSltant to this
A�,reement and shaI I bo m(I nc�� property o!` CITY, wit+tout
rtriction or iiIII itatiolt I) II its use. CONTRACTOR agrees
that nLI doctrme11rF. maintrtiTIeki :Ind generrtted pursuant. to t:niS
cant racturl t relat i onsItip between CITY and CONTRACTOR shall
be gtthiect to all pr0visions of the Public Records Law,
Chapter 119, Florida Sr— It:utes.
It is further understood by and between the parties that Inv
cl()cttmF_°lit ur thi n}, Wit iCIt i s i;i veil by CITY to CONTRACTOR
= purs;ct:tnt to this AgrvoInent steal 1 at ali timer, remain
the
- pr,,perty of C[TY Ind shal i. not be used by CONTRACTOR fur
any
other purposes whatsoever without the written consent
of
- CITY.
l+.tt AWARn OF Ac;IZF.!;MF:N:
Ci)NTRACFOR w, rr.antS that it has not employed or rf.tained
any
em},lnved by rite C[TY ro r;oIicit mot' st_cure
this
Asir ernernt :Ind t-h;I : i t h;Is not of IFered to pay, paid,
or
- aJrr, vd t o p.ty �tny p� rson t?tn1,l dyed by t he CITY any
fee,
rumni�,sio1 perrcentage, brokeI—Age fire, or gift of any
kind
cant i n;ent n or result i nif from the award of
thi s
A1, nt.
so-
41
4 .5 WN PVLVGAnI LITY
`I_hp obligil inns. undrrt.aWn by the CONTRACTOR purs;nant to this
Agrromv"r shil I not be doIP;a.ted or assigned to any ether
pprgon or firm ""loss CITY shall first consent in writing to
the pprfurmancv or assignment „f such s vrvices or any part.
t herrof by ,ruol_hPr pornon or firm.
4 . h COMSTRUCT I ON OF AGREEMENT
f!ii!! Agreement shaI I hP construed and enforced necordi.ng to
tho laws of the State of Florida.
4.7 ORLI(;AT]ON 'TO RI?NF,1,1
Urrr,n cx1)ir.at.i()n of the term of this Agreement, CONTRACTOR
,grow; and understands. that CTTY has no ohligation to renew
thim 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
purquant: to this Agreement without penalty to CITY. In that
event, not.icc of termination of this Agreement shall be in
writing to CONTRACTOR, who shell be paid for those services
performed prior to the dAtc of its receipt of the notice of
tI.rmi n,rt ion. In no r_a,c h.,wever, shall CITY pay CONTRACTOR
An -amount in excess of the total sum provided by this
I; U Vnt .
It is, hc,t(,I)y undzrs;tood by and hetween CITY and CONTRACTOR
that .any paymprit made is .accordance with this Section to
CON'1RAC:TOR .hall he made only if gaid CONTRACTOR is not in
, v! 4ult und,r the terms „f this Agreement. If CONTRACTOR Q.
in default. then CITY shall in no way be obligated and shall -
nor pay to CONTRACTOR any :sum whntscever.
90 - 415
4 . 9 GP,NI:!Z!11, (;t) in i "I' } ttNS
A. All ,1o1 icil" )I- ',thfIt mny
1w givk,n 1rnr:;ll;lnt ti, thi,. A,;rc�rro��nt_ !;hall be in wIiIin;r
Ind sh;11 1 1)tt dc•I i vercd by p�rrsonal_ servi ce, or by
rI,gist ored mai I ;Iddrossc(I tthe o hitr party at the
itd(Irc;s indicated hart=in or a the same may he changed
Irom time to tfmr,. Such notice shall he deemed given on
t hc clay )n whic,1t por,:onrll I s<-rved; or, i.f by mail, on
tite I i!th clay ofter }leing posted or tIt date of actual
recei1)t, wIticItevoI- i�; oirIier.
CI TY ()F MT A M I CONTRACTOR
3500 Pan American Drive Mal -tin Luther King Economic
Miami, Florida 33133 Development Corporation, Inc.
6116 N.14. 7th Avenue
Miami, Florida 33 12 7
.,nd p.aragrnptl Itondings :.Ire for convenient
reference ;Ind arcs n, t I part of this Agreement.
C. In Lhr event of conflict between the terms of thif,
AS;rovinent ;ind any rerm5 or conditions contained in any
irtached docrimer)ts the terms in this Agreement shall
I unL ro I .
1). No w.liv�r or i)ri;,rh of any provision of this Agreement
hail cllitstittit e .I w.livc,r of iriy sith�=r-(IuenL breach of
ehley of 1wr 1)rovision hereof: and no waiver
b o ci f f c c t i v I, it n 1 c .; s in:i o i ii w r i r i it ,r .
5IIouId :In:, 1)ruvi;ir,n,, 11;lr;iV,r:Iph c11tonce,, words or
I,'rr:iN, a r retained 111 rllis lls�,lt he dc=ic rrTiinrd by a
C011I co111114"e II it? risdicLjot) tCt binvalid, iIIegaI
0r 1)1:1)c�rwi.s0 uncenf0rc(',11)10 under the laws of the Stalt0
id 11 Ci tV o f 1.1i I1111 SltcIt provi si ons,
it r ,;;r,l1>11 :011tcl s; k"'rrds or hhrnscts slin i 1 he dcc-ll;ed
�i
1;1 d i ( i ed t o L 11t (I t- 11cC0 .1 ry i I) o rd c: r t o cone o rm
- I
wi t It such lawn, or i f not nlodi f i a b I e to conform with a
sul !i I:l,,Is th�_n Bal l hc dl-emed se erable-, and in
c•i t Ire I ve 11 11 t- I , ,u;ii 11i it d 1,rovi r:icrns of (hi q
h a 1 1 I. o ii-i I i I Il i I it,,: d i t i d a n :] i n f ll l J. 1 i) r c e it lid
=3
a
-i
=i
;e
E2
4, i O INDEPENDENT CONTRACTOR
CONTRACTOR and its rmhloyees and agents shall he deemed to
he indPpvndPnt cent ract or,; and not a{Tents or employees of
CTTY, and shall not attain any rights or benefits cinder the
Civi 1 Servi ce or Pensi on Ordi nances 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 AgreernOnt, 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
MATTY H IRAI ^� _ CESAR H. ODIO
CITY CL HkK CITY MANAGER
12 - 0- 415
L2
AT,T1 , :
CA) NJRACT0R.
M,-trti.n Luther King Economic
Development Cnr. poration, Trtr. .
6110 N.W. 7th Avenue
Miami., Florida 33127
CORPORATE SECRETARY
GUARANTEE
a
P Rl_ k C N —�
r
(SEAL)
in consideration
of the City of Miami's execution of the foregoing Agreement, the
undersigned, guarantee the performance of the terms and
conditions i.n said Agreement required to be performed by the
CONTRACTOR including, but not limited to the provisions relating;
to default, .assurances, and certifications.
Dated this day of
By r
WITNESS:
APPROVED AS TO INSURANCE REQUIREMENTS:
INSURANCE: MANAGEMENT
APPROVED AS TO FORM AND CORRECTNESS:
'ORGE L. F(:RNANDE;Z
CITY ATTORNEY
5/02/90/t;_id
1990
an individual
individually
CIL
0
- 13 - 90- 415
M
CORPORATF RFSOi.OTI.ON
W H E RF. A S , MARTIN CAM ER KING ECON0114IC DEVLWPM \Tr MRPORATION _
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, RE IT RESOLVED BY THE BOARD OF DIRECTORS
that the pros Ldent , 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 11th day of
SECRETARY
rIay
1990
.
BOARD OF DIRECTORS CHAIRPERSON
rj
11
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
CA! 17
Honorable Mayor and Members
To of the City Commission DATE MAY Z 9 FILE'.
SUBJECT: Agreement with Community
Based Organizations for
Fiscal Year 1990-1991
FROM Cesar H. O d i REFERENCES:
City Manager
ENCLOSURES.
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt the
attached Resolution authorizing the City Manager to execute
individual contracts with five (5) 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 five (5) economic development
Community Based Organizations (CBOs) for fiscal year 1990-1991
beginning July 1, 1990 through June 30, 1991.
The Community Based Organizations ( C B 0 s ) have been the City's
primary outreach vehicle to assist the different communities in
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
coordinate the City s economic development efforts at the
neighborhood level. This involves promoting the redevelopment
and revitalization of Commercial/Industrial activity in targeted
low and moderate income neighborhoods and thereby stimulate
investment activities.
The CBOs also provide neighborhood outreach services to the local
business coiumunity. These services include, but are not limited
to, the formation and/or strengthening of a merchants
association, business recruitatent, target area promotion,
referral service to other federal and county programs that are
aimed at economic revitalization, and business retention
assistance and/or opportunities.
9 - 415
Honorable Mayor and Members
of the City Commission
Page 2
During the last contract period, the CBOs received Community
Development Corporation (CDC) training and project assistance.
Several CBOs also participated in the Citywide Commercial Facade
Program to provide exterior facade improvements to businesses
within the neighborhood target areas.
Based on contract performance, periodic monitoring and previous
evaluation, it is recommended that the following CBOs be funded
for the contract period and the amounts specified:
CONTRACT
CBO AMOUNT PERIOD
1. Allapattah Business Development $50,000 1 Year
Authority, Inc.
2. Downtown Miami Business Association, Inc. 50,000 1 Year
3. Greater Biscayne Boulevard Chamber 50,000 1 Months
of Commerce, Inc.
4. Little Havana Development Authority, Inc. 50,O00 1 Year
5. Martin Luther King Economic Development 25,000 6 Months
Corporation, Inc.
Funding of the above organizations is subject to approval of each
work program by the U.S. Department of Housing (HUD) to assure
compliance with federal mandated guidelines.
/gj d