HomeMy WebLinkAboutR-89-0789J-89-878
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RESOLUTION NO. 89t789
A RESOLUTION, WITH ATTACHMENT, AMENDING
SECTION 3 OF RESOLUTION NO. 89-645, ADOPTED
JULY 13, 1989, WHICH DIRECTED THE ALLOCATION
OF $250,000 FOR FUNDING THE PLANNED PROCESS
PROPOSAL FROM THE 1989-1990 COMMUNITY
DEVELOPMENT BLOCK GRANT/STREET IMPROVEMENT
FUND, BY REDIRECTING SAID FUNDS TO BE
APPROPRIATED FROM THE SALE OF LAND TO MIAMI-
DADE COMMUNITY COLLEGE FOR THE PLANNED
PROCESS ECONOMIC DEVELOPMENT PROPOSAL;
FURTHER AMENDING SECTION 2A OF RESOLUTION NO.
89-464, ADOPTED MAY 11, 1989, TO REFLECT THE
RESTORATION OF SAID $250tOOO FOR THE LATIN
QUARTER LAND ACQUISITION COST, SAID
RESTORATION CONSISTING OF 1989-1990 COMMUNITY
DEVELOPMENT BLOCK GRANT/STREET IMPROVEMENT
FUNDS; FURTHER AUTHORIZING THE CITY MANAGER
TO EXECUTE A ONE (1) YEAR AGREEMENT IN
SUBSTANTIALLY THE ATTACHED FORM, WITH THE
BLACK ECONOMIC DEVELOPMENT COALITION FOR THE
PURPOSE OF IMPLEMENTING A COMPREHENSIVE
ECONOMIC DEVELOPMENT PROGRAM IN THE BLACK
COMMUNITY THROUGH THE ACCOMPLISHMENT OF THE
OBJECTIVE OF THE PLANNED PROCESS ECONOMIC
DEVELOPMENT PROPOSAL.
WHEREAS, the City Commission is committed to economic
development and the expansion of trade and commerce; and
WHEREAS, the City Commission passed Resolution No. 89-645
authorizing the allocation of $250,000 from the 1989-1990
Community Development Block Grant/Street Improvement Funds for
the implementation of the Planned Process Economic Development
Proposal; and
t WHEREAS, the City wishes to re -designate said funds as
coming from the sale of land to Miami -Dade Community College; and
WHEREAS, the City Manager shall execute a one (1) year
agreement with the Black Economic Development Coalition in the
total amount of $250,000 for the purpose of implementing a
comprehensive economic development program in the objectives of
the Planned Process Economic Development Proposal;
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CCTAINT'l
CITY COMMISSION
MEETING OF
SEP 114 1989
)N No. 89-789
NOWt THERISPORE, BE IT RESOLVED BY THE COMMISSION OV TEE CITY
OP 141AMI, PLORIDAe
Section 1. Section 3 of Resolution No. 89-645, adopted
July 13, 1989, is hereby amended in the following particulars.:
"Section 3. The City Manager is hereby
directed to earmark $250,000 from (the 1989�
Pe-velepmen
l ) the p'rCoceeds of the sale
of land to Miami -Dade Community College for
the Planned Process Economic Development
Proposal and to set aside $375,000 for land
acquisition in Model City."
Section 2. Section 2(a) of Resolution No. 89-464, adopted
May 11, 1989, is hereby amended in the following particulars.:/
"Section 2 (a). The sum of $1,600,0<
$1,250,000 is to be set aside by the City
Manager for the costs of land acquisition of
land in the Latin Quarter District of the
City of Miami. The $1,500,0 $1,250,000 is
to be made available from the proceeds of the
sale of City -owned land to Miami -Dade
Community College. The sum of $250,000 is
hereby allocated from the 1989-1990 Community
Development Block Grant/Street Improvement
Fund for the land acquisition cost in said
District."
Section 3. The City Manager is hereby directed to negotiate
and execute a one (1) year agreement, in substantially the
attached form, with the Black Economic Development Coalition for
the purpose of implementing a comprehensive economic development
program in the Black community through accomplishing the
objectives of the Planned Process Economic Development Proposal.
: Words and/or figures striken through shall be deleted.
Underscored words and/or figures shall be added. The remaining
provisions are now in effect and remain unchanged.
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COMMUNITY DEVgjtqP*+1'ENT _EVIEW AND APPROVALS
ENT 14Ok COMMUNITY DEVELOPMENT
BUDGETARY REVIEW AND APPROVAL:
MANOHAR S. SU , DIRECTOR
DEPARTMENT OF DGET
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PREPARED AND APPROVED BY:
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ROBERT F. CLARK
F a
CHIEF ASSISTANT CITY ATTORNEY
LEGISLATION/SPECIAL PROJECTS DIVISION
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APPROVED AS TO FORM AND CORRECTNESS:
THIS AGREEMENT, entered into this �`. day of ,
19—, between the City of Miami, a municipal corporation of the
State of Florida+ (hereinafter referred to as the "CITY"), and
HLACK ECONOMIC DEVELOPMENT COALITION, a nonprofit corporation
fully organized and existing by virtue of the laws of the State
of Florida.
FUNDING SOURCE: CITY OF MIAMI — GENERAL FUND ACCOUNT
NOW, THEREFORE, in consideration of the mutual covenants and
obligations herein set forth, the parties understand and agree as
follows:
ARTICLE I
As a necessary part of this Agreement, the GRANTEE shall
provide the CITY with the following:
1.5
1.6
Copy of GRANTEE's Articles of Incorporation, Charter
and Bylaws.
List of Present Principal Governing Board Officers and
Members of the Board (names, addresses and telephone
numbers).
List of Key Staff Persons, with their titles, who will
carry out this program.
Copy of GRANTEE's current Fidelity Bond (applicable
for all persons who are authorized tb receive and
disburse funds under this Agreement); current
liability insurance, naming the CITY as an additional
insured.
Completion of Authorized Representative Statement (on
form supplied by the CITY).
Completion of Statement of Accounting System (on form
supplied by the CITY).
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1.8
1.9
1.10
2.1
2.2
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CPA letter verifying the OVANTEE's Accounting 9ystei
or current Audit Report (whieb verities the ORAL 191' s
internal controls as adequate to safeguard tha
organit&tion's assets) .
Proof of Workers' Compensation Insurance.
GRANTEE's Corporate Seal (to be affixed to Signatory
Page, and Corporate Resolution).
Corporate Resolution authorizing execution of this
Agreement.
Completion of staff salary schedule (on forms supplied
by the CITY).
Copy of Current Management Services Agreement (when
applicable).
Work Program (approved by the CITY).
Completion of GRANTEE'S Program/Line-Item Budget
Expenditure Justification (on forms supplied by the
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CITY).
Completion of GRANTEE'S Total Actual and Projected
Funds Disclosure (on forms supplied by the CITY).
Job Description and Resumes for all positions funded
i4 whole or in part under this Agreement.
ARTICLE II
TIME OF PERFORMANCE
The term of this Agreement shall be for one (1)_ year
from date of execution.
CITY AUTHORIZATION
For the purpose of this Agreement, the City of Miami,
Department of Community Development, (hereinafter the
"DEPARTMENT") will act on behalf of the CITY in the
fiscal control, programmatic monitoring, and
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modification of this Agreement, except, as otherwise
provided by this Agreement.
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This instrument and its attachments constitute the only
Agreement of the parties hereto relating to said grant
And correctly sets forth the rights,` duties, and
obligations of each to the other as of its date. Any
prior agreements, promises, negotiations, or.
representations not expressly set forth in this
Agreement are of no force or effect.
2.4 OBLIGATION OF GRANTEE
• The GRANTEE shall carry out the services as prescribed
in ,its Work Program (Attachment I), which is attached
and incorporated herein and made a part of thi
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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.
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MBO WORK PROGRAM
GRANTEE shall comply with its obligations as described
in its Management By Objectives (MBOs) (Attachment I)
which is attached and incorporated herein and made a
part of this Agreement.
BUDGET SUMMARY AND LINE ITEM BUDGET JUSTIFICATION
GRANTEE shall comply with its Program/Line-Item Budget
Expenditure Justification (Attachment II) which is
attached and incorporated herein and made a part of
this Agreement.
RETENTION OF RECORDS
GRANTEE shall retain all financial records • supporting
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documents, statistical records, and all other records
pertinent to this Agreement for a period of three (3)'
years.
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The retention period starts from the date of the
submission of the final expenditure report, fteuords
for non expendable property acquired with funds under
the Agreement shall be retained for a period of three
(3) years after its final disposition. All records
retained pursuant to this section shall be retained
beyond the three (3) year period if audit findings have
not been resolved.
2.8 BONDING AND INSURANCE ,
GRANTEE shall maintain insurance and bonding coverages
acceptable to the CITY. Prior to commencing any
activity under this Agreement, the 'GRANTEE shall
furnish to the CITY certificates of insurance and
bonding indicating that the GRANTEE is in compliance
with the provisions of this article.
GRANTEE shall provide the following coveragess
a) Insurance coverage that reflects sound business
practices acceptable to the CITY.
b) Fidelity bonding for all persons handling funds
received or disbursed under this Agreement in an
amount equal to or greater than the maximum amount
of cash held at any one time.
CITY shall be a primary additional insured on all
insurance policies and there shall be no exclusions
in such policies to override the CITY'S coverage.
Compliance with the foregoing requirements shall
not relieve the GRANTEE of its liability and
obligations under this section or under any other
section of this Agreement.
c) Current liability insurance, naming the CITY as an
additional insured and rated by A.M. Best's as to
"A" Classification and a "V" as to financial size.
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2.9 LEVEL OP SERVICE
' Should start-up time for a program be required or any
delays in service occur, the Department of Community
Development is to be notified in writing immediately,
giving all pertinent details and indicating when
service will begin and/or continue. It is understood
and agreed that the level of services, activities, and
expenditures by the GRANTEE, in existence prior to the
initiation of services hereunder, shall be continued
and shall not be reduced in any way as a result of this
Agreement. Programs funded through this Agreement will
not result in the displacement of employed workers,
impair existing contracts for services, or result in
the substitution of funds allocated under this
Agreement for other funds in connection with work which
would have been performed in the absence of this
Agreement.
2.10 PURCHASING AND INVENTORY
GRANTEE shall use its best efforts to obtain all
supplies and equipment for use under this Agreement at
the lowest practical costs and shall solicit three (3)
bids for the purchase of capital equipment. The three
(3) bids shall accompany all requests for payment. All
non -expendable property acquired for the program with
CITY funds will revert to the CITY at the end of CITY's
funding of the Program (non -expendable property being
properties which will not be consumed or lose
identity). GRANTEE shall be responsible to CITY for
any damage or destruction to said property and shall
reimburse CITY for such damage or destruction. GRANTEE
shall establish and maintain a property"control system
and shall be responsible for maintaining a current
inventory on all capital items purchased with CITY
funds. All capital expenditures over $50.00 must be
approved by CITY prior to purchase. All items
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purchased shall remain the property of the CITY.
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property is to be inventoried semiannually and
submitted to the CITY including a property record
listing the description, model serial number, date of
acquisition, and cost. GRANTEE shall permit CITY staff
access to the premises where property is kept for the
purpose of monitoring inventory. GRANTEE shall not
dispose of real or personal property purchased with
CITY funds through sale, loan, or relocation without
receiving prior written approval of the City Manager.
2.11 MINORITY PROCUREMENT COMPLIANCE CLAUSE
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GRANTEE acknowledges that it has been furnished a copy
of Ordinance No. 10536, the Minority Procurement
Ordinance of the City of Miami, and shall comply with
all applicable substantive and procedural provisions
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therein, including any amendments thereto.
2.12 DISCLOSURE OF FUNDS
GRANTEE shall disclose all sources (public or private)
and amounts of funds reflecting the total budget
whether they be real or in -kind at the commencement of
the Agreement period, as well as any changes in the
amount of funds through program income or the sources
received during the term of this Agreement, within
thirty (30) days of such change. Examples of in -kind
funds include free rent, labor, and office equipment.
2.13 REPORTS, AUDITS, AND EVALUATIONS
GRANTEE will transmit to CITY, in writing, in a format
acceptable to CITY, monthly reports regarding current
activity and the progress of the GRANTEE's activities.
GRANTEE shall submit to CITY such additional reports as
may be requested.
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GRANT99 shall prepare, in writing, in a format
acceptable to CITY, any reports or documentation that
may be required by Federal, State or Local Directives.
At the request of CITY, GRANTEE will transmit to CITY
written statements of GRANTEE's official policy on
specified issues relating to GRANTEE's activities.
CITY may carry out monitoring and evaluation
activities, including visits and observations by CITY
staff; GRANTEE shall ensure the cooperation of its
employees and Board members in such efforts. Any
inconsistent, incomplete, or inadequate information
either received b the CITY on a monthly basis or
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obtained through monitoring and evaluation by the CITY,
shall constitute good cause for the CITY to terminate _
this Agreement at any time thereafter.
2.14 All persons employed and paid pursuant to this
Agreement are to be listed by name, title, Social
Security number, date hired or terminated, ethnic
background, and total salary reflecting both CITY and
other funding sources and information must be included
in staff salaries schedule form. -
2.15 The CITY reserves the right to conduct an audit after
the expiration of this Agreement.
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ARTICLE III
3.1 COMPENSATION
a) CITY shall pay GRANTEE, as maximum compensation
during the term of this Agreement, for the services
required pursuant to Article II hereof, $250,000.
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b) CITY shall have the right to review and audit the
time records and related records of GRANTER
pertaining to any payments by CITY.
3.2 METHOD OF PAYMENT
Upon execution of this Agreement and with a written
request from GRANTEE, CITY shall advance 1/6th of the
appropriated funds to GRANTEE. Thirty (30) days after
j the final reimbursement of the fiscal year, GRANTEE
must submit a final expenditure report verifying the
expenditure of all funds reimbursed under this
Agreement. All payments shall be reimbursed for
expenditures incurred only during the term of this
Agreement, and in compliance with the previously
approved Program/Line-Item Budget Expenditure
Justification. Such written request shall contain a
statement declaring and affirming that all disburse-
ments were made in accordance with the approved budget.
All documentation in support of such request shall be
subject to approval by CITY at the time the request is
made. All reimbursements must be in line -item form and
be in accord with this Agreement. All expenditures
must be verified by original invoice, and a copy of the
unnegotiated check, properly signed, dated and made
payable to the specific vendor, copy of cancelled check
must be submitted within sixty (60) days. In the event
that an invoice is paid by various funding sources, a
copy of the invoice may be submitted but must indicate
the exact amount paid by various funding sources
equaling the total of the invoice. No miscellaneous
categories will be accepted as a line -item in the
budget. Request for line -item changes, no more than
two (2) per fiscal year are allowable, with prior
review and approval by the CITY. All line -item changes
must be made by thirty (30) days prior to expiration of
contract.
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3.3 PtHANCIAL ACCOUNTABILITY
CITY reserves the right to audit the records of ORANTUt
at any time during the performance of this Agreement
and for a period of three (3) years after final payment
is made under this Agreement. Any payment theretofore
made shall be subject to reduction for amounts included
in the related invoices which are found by CITY, on
the basis of such audit, not to constitute allowable
expenditures. Any payments made to GRANTEE are subject
to reduction for overpayments on previously submitted
invoices.
3.4 REIMBURSEMENT - TIMELY SUBMISSION
Requests for payment shall be made on a monthly basis.
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j Reimbursement requests for expenditures incurred during
the term of this Agreement shall not be honored unless
received by CITY within thirty (30) days after the end
of month following the expenditure. • Reimbursement
requests for expenditures shall not be honored unless
received by the CITY within thirty (30) days following
f hi A t
the expiration date o t s greemen .
3.5 RECAPTURE OF FUNDS
CITY shall reserve the right to recapture funds when
the GRANTEE 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.
3.6 CONTINGENCY CLAUSE
Funding for this Agreement is contingent on the
availability of funds and continued authorization for
program activities and is subject to amendment or
termination due to lack of funds or authorization,
reduction of funds, and/or change in regulations.
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3. t SALARIES, _ FRING9, 13ENEFITS0__. JOB DESCRIPTIONS
To be eligible for reimbursement for personal costs,
GRANTEE shall submit to CITY in accordance with U.S.
Department of Labor guidelines, a detailed statement of
the personnel policies of GRANTEE. These personnel
policies are to include, but are not limited to, pay
schedules, fringe benefits, resumes from staff, method
used to compute vacations and ill time, working hours,
office procedures, paid holidays, computation of wages,
job descriptions to include qualifications for job, an
affirmative action plan, an equal employment
opportunity statement, disciplinary procedures and
methods and format for and frequency of employees'
evaluations. The CITY will not reimburse GRANTEE for
family health care insurance premiums, nor will the
CITY reimburse GRANTEE for employee retirement
benefits.
ARTICLE IV
4.1 PROJECT PUBLICITY
GRANTEE shall abide by affirmative action regulations
in informing residents of the geographical area to be
served hereunder and of the services to be offered by
utilizing any available means for advertisement, as
necessary for recruitment and outreach.
All literature, advertising,. publicity or promotion
regarding GRANTEE's activities will be submitted to
CITY for review and approval prior too release or
distribution. No press conference will be scheduled
without written notice to CITY.
4.2 NONDISCRIMINATION
GRANTEE agrees that it shall not discriminate as to
race, sex, color, creed, national origin, or handicap
in connection with its performance under this
Agreement.
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PURTHEPNORE, that no otherwise qualified individual
shall, solely by reason of his/her race, seit, color,
creed, national origin, or handicap, be excluded from
the participation in, be denied benefits of, or be
subjected to discrimination under any program or
activity receiving federal financial assistance.
4.3 CONFLICT OF INTEREST
a) GRANTEE covenants that no person under its employ
who presently exercises any function or
responsibility in connection with this Agreement
has any personal financial interests, direct or
indirect, with CITY. GRANTEE further covenants
that, in the performance of this Agreement, no
person having such conflicting interest shall be
employed. Any such interests on the part of
GRANTEE or its employees, must be disclosed in
writing to CITY.
b) GRANTEE is aware of the conflict of interest laws
of the City of Miami (City of Miami Code Chapter 2,
Article V), Dade County Florida (Dade County Code
Section 2-11.1) and the State of Florida, and
agrees that it shall fully comply in all respects
with the terms of said laws.
4.4 INDEMNIFICATION
GRANTEE shall indemnify and save CITY harmless from and
against any and all claims, liabilities, losses, and -
causes of action which may arise out of GRANTEE's
activities under this Agreement, including all other
acts or omissions to act on the part of GRANTEE,
including any person acting for or on its behalf; from
and against any relevant orders, judgements, or decrees
which may be entered against CITY; and from and against
all costs, attorney's fees, expenses, and liabilities
incurred by the CITY in the defense of any such claims
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or in the investigation thereof.
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4. S COMPLIANCE WITH PPWERAL, STATE, AND . LOCAL LAWS
Both parties shall comply with all applicable laws,
ordinances, and codes of federal# state and local
governments.
4.6 AMENDMENTS
No amendments to this Agreement shall be binding on
either party unless in writing and signed by both
parties.
4.7 SUBCONTRACTS
GRANTEE agrees to give advance written notification to
the CITY of any subcontract. None of the services
covered by this Agreement shall be subcontracted
without the prior written approval of CITY. Any work
or services subcontracted hereunder shall be subject to
the terms and conditions of this Agreement. Proper
documentation in accordance with the DEPARTMENT and
CITY guidelines and directives must be submitted to and
approved by the DEPARTMENT prior to GRANTEE's execution
of any subcontract. The advance notification process
shall include the following:
a) Identification of the sub -GRANTEE and services
to be provided.
b) The proposed subcontract, together with a
complete and accurate breakdown of the price
on a component -by -component basis, and all bid
documents.
c) Identification of the type of subcontract to
be used.
d) Summary of actions taken to select the sub
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4.8 OWNERSHIP OF DOCUMENTS
All documents developed by GRANTEE under this Agreement
shall be delivered to CITY by said GRANTEE upon
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completion of the services required pursuant to this
Agreement and shall become the property of CITY#
without restriction or limitation on its use. GRANTEE
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agrees that all documents maintained and generated
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pursuant to this contractual relationship between CITY
and GRANTEE 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 document or thing which is given by CITY to
GRANTEE pursuant to this Agreement shall at all times
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remain the property of CITY and shall not be used by
{ GRANTEE for any other purposes whatsoever without the
written consent of CITY.
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4.9 AWARD OF AGREEMENT
GRANTEE warrants that it has not employed or retained
any person employed by the CITY to solicit or secure
this Agreement and that it 'has not offered to pay,
paid, or agreed to pay any person employed by the CITY
,any fee, commission percentage, brokerage fee, or gift
of any kind contingent upon or resulting from the award -
_.� of this Agreement.
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4.10 NON-DELEGABILITY
The obligations undertaken by the GRANTEE pursuant to
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I this Agreement shall not be delegated or assigned to
any other person or firm unless CITY shall first
"R consent in writing to the performance or assignment of
such services or any part thereof by another person or
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firm.
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4.11 CONSTRUCTION Or AGREEMENT
This Agreement shall be construed and enforced
according to the laws of the State of Florida.
4,12 OBLIGATION TO RENEW
If the CONTRACTOR is in good standing, not in default
under the terms of this Agreement at the end of the
first term and each consecutive term thereafter, then
this Agreement shall be automatically renewable for
consecutive one (1) year periods up to a maximum of
five (5) years, unless the CITY gives notice to the
CONTRACTOR that it will not seek renewal ninety (90)
days prior to the expiration of the then existing term.
4.13 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 GRANTEE, who shall be
paid for those services performed prior to the date of
its receipt of the notice of termination. In no'case,
however, will CITY pay GRANTEE an amount in excess of
the total sum provided by this Agreement.
.It is hereby understood by and between CITY and GRANTEE
that any payment made in accordance with this Section
to GRANTEE shall be made only if said GRANTEE is not in
default under the terms of this Agreement. If GRANTEE
is in default, then CITY shall in no way be obligated
and shall not pay to GRANTEE any sum whatsoever.
4.14 GENERAL CONDITIONS
a) All notices or other communications "which shall or'
may be given pursuant to this Agreement shall be in
writing and shall be delivered by personal service,
or by registered mail addressed to the other party
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at the address indicated herein or as the sate may
he changed from time to time. Such notice shall be
deemed given on the day on which personally servedl
or if by mail. on the fifth day after being posted
or the date of actual receipt, whichever is
earlier.
CITY OF MIAMI
Department of Community
Development
1145 N.W. llth Street
Miami, Florida 33136
4
Mr. GarthC. Reeves
c/o Black Economic
Coalition Development
199 N.W. 90th Street
Miami, Florida 33150
b) Title and paragraph headings are for convenient
reference and are not a part of this Agreement.
c) In the event of conflict between the terms of this
Agreement and any terms or conditions contained in
any attached documents, the terms in this
Agreement shall control.
d) No waiver or breach of any provision of this
Agreement shall constitute a waiver of any
subsequent breach of the same or any other
provision hereof, and no waiver shall be effective
unless made in writing.
e) Should any provisions,* paragraphs, sentences,
words or phrases contained in this Agreement be
determined by a court of competent jurisdiction to
be invalid, illegal or otherwise unenforceable
under the laws of the State of Florida or the City
of Miami, such provisions, paragraphs, sentences,
words or phrases shall be deemed modified to the
extent necessary in order to conform with such
laws, or if not modifiable to conform with such
laws, or if not modifiable to conform with such
laws, then same shall be deemed severable, and in
either event, the remaining terms and provisions
of this Agreement shall remain unmodified in full
force and effect.
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4.1 I�tbEpTNbENTtTRE
GRANTEE and its employees and agents shall be deemed to
be independent GRANTEES and not agents or employees of
CITY, and shall not attain any rights or benefits under
the Civil Service or Pension Ordinances of CITY or any
rights generally afforded classified or unclassified
employees; further they shall not be deemed entitled to
the Florida Workers' Compensation benefits as an
employee of CITY.
4.16 SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the parties
herein, their heirs, executors, legal representatives,
successors, and assigns.
4.17 DEFAULT PROVISIONS
In the event that GRANTEE shall fail to comply with
each and every term and condition of this Agreement or
fails to perform any of the terms and conditions
contained herein, then CITY, at its sole option, upon
written notice to GRANTEE, may cancel and terminate
this Agreement, and all payments, advances, or other
compensation paid to GRANTEE by CITY while GRANTEE was
in default of the provisions herein contained shall be
forthwith returned to CITY.
ARTICLE V
GRANTEE CERTIFICATIONS j.
GRANTEE certifies that:
a) 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 GRANTEE's governing body,
authorizing the execution of the Agreement,
including all understandings and assurances
contained herein, and directing and authorizing the
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person identified as the official representative of .
the GRANTE9 to act in connection with the Acme rient
and to provide such additional information as may
be required.
b) It will comply with the provisions of the hatch Act
which limits the political activity of employees6
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c) No program under this Agreement shall involve
political activities. -
E d) it shall prohibit employees from using their
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j positions for a purpose that is or gives the
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appearance of being motivated by desire for private
gain for themselves or others, particularly those
with whom they have family, business, or other
ties.
e) Participants or employees in the program pursuant
to this Agreement will not be employed on the
construction, operation, or maintenance of that
part of any facility which is used for religious
instruction or worship.
f) Appropriate standards for health and safety in work
and training situations will be maintained.
g) Persons employed in public service jobs under this
Agreement shall be paid wages which shall not be
lower than whichever is the highest of (a) the
minimum wage which would be applicable to the •
employer under Federal standards, (b) the State or
local minimum wage for the most nearly comparable
covered employment, or (c) the prevailing rates of
j pay for persons employed in similar occupations by
i the same employer.
__( h) It will comply with the Civil R4nh4-Q n.++ sn
recognised Indian Tribal Governments"! OMH Circular
Noe A-128, "Audits of State and Local Governments*
(implemented at 24 CPR Part 44); OMB Circular No.
A-122 "Cost Principles for Non-profit
Organizations, with Sections of 24 CFR Part 8S
"Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local.
Governments, and with attachments to OMB Circular
f
No. A-110 listed at 24 CFR Part 570.502 "Community
y Development Block Grant" Final Rule (Page J-3 and
I•
J-4) Federal Register, September G, 1988. ;
j) It will comply with the Anti -Kickback Act, Title
18, USC Section 874, and provisions of the Federal
Labor Standards, Title 29.
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:
MATTY HIRAI
CITY CLERK
ATTEST:
CORPORATE SECRETARY
By
CESAR H. ODIO
CITY MANAGER
CONTRACTOR%
By
PRESIDENT
CITY or ItAnt
Tack furies, each working on the three critical areas of development. The staff:
I
is tt, assure coordination of t'ie three de elopment areas. The YENfiM
DE'lEL.OPIIENT CORPORATION is also being for::ied as a separate, private corporation
t_taiue t;500,000 in risk capital to initially fund two to three significant
L•190—, entrepreneurial Lopp—, turii Lies. '
_
WORK PLAN
THE BLACK ECONMMIC DEVELOPMENT COALITION, a consortium of all interested
z
org3niz3tions and agencies in nade County with goals consistent with the
s4ltttegie plan, will assume the responsibility of achieving each goal through
=1
its membership. The BEnC board it tc, consist of interested black Economic
Dc_•vt•loprient Organizations throughout Dade County that are prepared to
steer member organizations to focus simultaneous resources on targeted
areas and drug free zones,
®
define gaps in the delivery of services,
challenge groups to fill identified gaps,
�._
�..._... _ establish peer -group accountability among member organizations and -
government agencies and
advocate for change where required.
The BEDC staff will
s
assist Board Committees and Task Forces to reduce 5 year goals to
realistic annual goals:,
assure implementation of Board recommendations,
monitor- goal attainment,
provide packaging assistance to the BEDC and the VDC,
develop a "targeted jobs delivery system" _
research the condition of black economic development,, -and
respond to Board initiatives as required.
Three TASK FORCFS vili bc� formed to be made of the organizations, both —
black and nun-ialaq k, wtlic!. are woiking toward achievement of the three sets of
BEVC goals. It iz arjticipat=-d that all related City and County agencies will be
l epl-,.-z3onted on the ta.,,h fo: cec. Three organizations will set and define the
utraLvyies for achievement of goals within the three respective areas and
rccotomend "annual goals' for adoption by t.tie BEDC Board.
TRUSTEES will ttrvr a:: advisory tc• '.tie Board and will assist in raising
t►;e 213.A million in ;apital ii.-quired to finance the business and
isrfc:rsttuctusi• d�•:el••N�<<:'.' ;1�,,:s. _ -
y .K$�; # 1
iy
»y
1
j
-ppipg� f y adq}�1 i�,y y CITY
at tip
�y { +�i
O'RAlx-i �fl'l:I. i'l.itii. CITY ti iIIANI
g rag,:
A STAFF of five ptofeftional and suppol t staff will itritleMent the goalft,
,re Ezet:otivc birectur, a beputy bit ector and thi ve pr:+fessionals. The suPPOtt
tt:r.f will incluwt., one administr at ivr. aide &-voting 100% of their lima tc+ the
L:uppotL of fundraioing activities and Lie pursuit of matching funding.
The VERTUrL DEVELOPMENT CORPORATION will raise s500,000 in risk capital
from black investors, serve as the proactive private entity leveraging the
equity of promising black entrepreneurs and leveraging targeted risk capital.
YEAR 1
The t arkc I_,, be completed in year one are as follows:
TA51; 1: ORGANT:'AT1011
SUBTASK. 1.1: Board modification and approval of draft by-laws, articles
of incorporation, strategic plan, organization structure and first year work -
plan.
SUSTASK 1. Hiring of staff, organizing and furnishing office,
organizing accounting and other record books, retaining accounting and legal
firms, _establishing insurance and other oryanizational and logistical office
-management requirements.
SUBTASK 1.3: Developing and establishing roles and responsibilities
of the Board of Directors, Committees, Trustees, Task Forces and member
organizations, including developing and dissemination of informational material
accurately describing such functions. The Board is to meet quarterly, as are
the Trustees. Committees and Task. Forces are to meet monthly.
TASK 2 : GOAL
Establishing year 1 goals in each of the ten goal areas, followed by
quarterly goals for each. Member organization committments to goal attainment
are also to be established as well as peer group accountability treasures.
Quarterly progress reports are to be made at each quarterly Board meeting.
TASK 3: BUSINESS DEVELOPMENT
The business development committee and task force will establish the
str ategiee required to:
4
— - — -- Facilitate the establishment of the VENTURE DEVELOPMENT CORPORATION
tVDC1 which is to raise 5500,000 in risk capital from black investors.
increaue targeted MESBIC capital from 55.5 to $20 million.
£;:pared a .1.0r-ignatt d number of exicting black firms to 50 employees. `
':! inul eta dE-r-.i(,nat c,d number of nt•v black businesses.
Facilitate .► deuignaLed number of incubators in black communities. -s
Tic-y are al:.•u to devc:lop a cc-hedule for putting in place the resources required
to implement these _•tratvgiec, including identifying the organizations and
individuals committing to carry out the cuhtacks and identifying the financial
resources •required foi implementation. The BEDC staff will package up to a
dewignated number ,.-I financing proposals far new and expanding businescerJ in the
fu. thel ante of the goal~.
T4;"n"1
l { il�Y
d
E
.vji`A"�k C�4jT•�t i
i
TOtt t_,2, All, 14411t tVtL'aIPMtRT .
(!� oIL" and ..t:tom,. .- .'c.,r 1,� .$'/s..`
t«t'`ng,itj,i_+'
s.
fii tail, lot will C-`itc�i;cilfe,
ilf�? �t:'�Ir.wi_'5 tt:'iL'irr•,a �
.
t,i:•t;i5'! d::ti f: a •!tr.:ig:;att'tj h'J!ftie!" of neigtiboncc-udi' arid
• _ .. ..::.ti •:t �-:: _._ ! ..: .'.. itli! i�il .l1.1;t,1.-, «•�,�tt.
....
t::srl.ts• is 'itziuna'=_•d perroiuent 'argeLed jabs, with bled:
i1U� f rt�� f.•i 3iir.'Un , r7y a v! i y' stf -:! t:ctthc t f ;oLz:.
-
Initiatt a }�3t .:1:2 r'iz: !i 3tiitic-:,al transfer cah.1-.rigri. -
frt�b__ t}it : 13�}: }::��•__t+ _ ; d: rate tG, a decignated percentage.
rrs�::at. a of ::3•.4: Ml A%; it. Miami.
—
Thicy -st•. r,ldr:Vt•.:! _.l.eu,,.11: fc. —.Minn iri place the re=ourcee tequirt-d
:"a imp1e,-•E•r.L theZe ci: a! ca c c, ir.cl fying the organization= and
ice
Int!i : iduaie tit Carry .. •.t f_}.i Zubt a--%%: atri itirntifying the financial
_
:t::c•c.r:ea retluired i.: im; 1�:, ?r.'.3tiut:. Th EEDC staff will specifically
t-:.! abl i.0, at, C-Ifect:.F tr.;ti_•± of 3 t a: get e-2 jc.!:s delivery system fcr
by tc•�m!•et cv ya:1i::r! icnc.
TASF 5: INFRASTRUCTURE DEVELOPMENT
_
The ir.frac:ru•:!ire committee arid Leak force will establish
flit" :;Lralegit•�: r:at:ir_•:i !�.
Stipulate re:itali.:atiori of a designated numbet of major commercial
prvjt-%ta..
_
tit^ulate a de.ignait'd r: r..L•'�: o: :rti tc of affordable housing.
Support specified effvrtc t_: c-tat'li:fi dedicated resourceE for
re•:italication of black•neighborhoode such as the Liberty City Tax
increment District.
They art: als.• It &-,. _•:vp a for putting in hla_c the resources required
iitoFiletrent t!lece :-tr atcgie=, including identifying the organizations and
ii:dividuals co:nnitting to carry uut the subtacks and identifying the financial
resources requited for implementation. The BEDC staff will package up to a
designated iiumbei of financing prcpccaln for coirmercial projects in the
I -it therance of tho coals.
_ C11Y OP MIAMI, FLORIDA
It TER-OFFIC11 MEMORANDUM
t,Q Honorable Mayor and Members
of the City Commission
FROM toFe nandez
t
yA
DATE September 13, 1989ILE
sufuen City Commission Meeting
September 14, 1989-Consa tt Agenda
REFERENCES : Consent Agenda Items
#CA-15, #CA-16, #CA-40
ENCLOSURES. ( 3 )
Three items appearing in the Consent Agenda: #CA-15, #CA-16 and
#CA-40 have been modified as described herein. Ai the time the
Consent. Agenda is voted upon, if these three items are not
removed from the Consent Agenda and considered separately, there
should be an announcement made by the Mayor that "Item Nos.
#CA-15, #CA-16 and #CA-40 are being voted upon as modified".
In connection with Items No. #CA-15 (J-89-825) and #CA-16
(J-89-781) dealing with the award of bids for computer equipment
to be used by the Finance and Law Departments, respectively, the
Resolutions as distributed, bear an incorrect reference to
existing Dade County Bid Award Contracts. We have modified both
resolutions to reflect that the procurement is based on an
existing State of Florida Bid Award Contract. A copy of each of
these two modified resolutions are attached for your
consideration and should be substituted in the Agenda Packet.
In regard to Item #CA-40 (J-89-878), as distributed, the
restoration of $250,000 for land acquisition costs in the Latin
Quarter District was not reflected. We have modified the
resolution to include an allocation of $250,000 from CD funds for
such land acquisition costs since that original source of funding
for the Planning Process Proposal was replaced by designating
that sale proceeds from MDCC sale be used to fund the Planning
Process Proposal. We have also removed references to future
funding for said Proposal beyond the stated $250,000 while adding
expressed language in regard to the Scope of Services to be
performed under the proposed contract with the Black Economic
Development Coalition. A copy of the modified resolution and
agreement is attached for your consideration.
JLF:RFC:bss:P724
cc: Cesar H. Odio, City Manager
Matty Hirai, City Clerk
Carlos E. Garcia, Finance Director
Robert E. Parcher, Director, Department of Computers
Frank Castaneda, Director, Department of Community Development
59-78''.
l 4 �
is
CITY Or MIAMI, PLORIDA
INTER40rF'ICE MEM014ANDUM
Tc: The Honorable Mayor and boat. September 8, 1989 I�iLE:
Memb s of the City Commission
FROM!
Cesar H. odio
City Manager
RECOMMENDATION
SUSJCCT: Planned Process for
Economic Development
REFERENCES:
ENCLOSURES:
It is respectfully recommended that the City Commission adopt the
attached resolution authorizing the execution of a one (1) year
contract agreement in a form acceptable to the City Attorney
between the Black Economic Development Coalition (BEDC) and the
City of Miami for the purpose of implementing the objectives of the
Planned Process Economic Development Proposal, further allocating a
cumulative total of $250,000 from the sale of the land to Miami-
Dade Community College in accordance with the terms and conditions
as set forth herein.
BACKGROUND
The Department of Community Development has analyzed the need to
execute an agreement with the Black Economic Development Coalition
pursuant to City Commission approval of Resolution No. 89-645.
The objective of the Planned Process Economic Development Proposal
is to implement a strategic and comprehensive economic development
program in the Black community. These objectives will address, but
not be limited to, business development, capitalization, housing
and education.
Pursuant to Resolution No. 89-645, $250,000 for said proposal was
allocated from the 1989-1990 Community Development Block
Grant/Street Improvement Fund. The` applicant is requesting, and
the administration concurs, that the $250,000 allocated from the
1989-1990 Community Development Block Grant be replaced with
$250,000 from the sale of the land to Miami -Dade Community College
and allocated to the Latin Quarter, and that the Community
Development money then be allocated to the Latin Quarter to replace
these funds. This transfer of funds would provide the Planned
Process with greater flexibility to undertake its economic
development activities and would not decrease the availability of
funds for the Latin Quarter.
The City is further requesting authority from the City Commission
to enter into a one (1) year agreement with such agency.
. d
i
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