HomeMy WebLinkAboutR-89-04425
J-89-447
4/25/89
89-442
RESOLUTION NO.
A RESOLUTION' WITH ATTACHMENTS, AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT IN
SUBSTANTIALLY THE ATTACHED FORM BETWEEN THE.
CITY AND THE CHAIKEN CORPORATION FOR THE
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PROVISION OF UP TO $1;500;000 IN COMMUNITY
DEVELOPMENT BLOCK GRANT FLOAT FUNDS; IN THE
FORM OF A LOAN FOR A TWO (2) YEAR PERIOD AT _
TWO PERCENT (2%); FOR THE RENOVATION OF A
BUILDING AND THE ESTABLISHMENT OF A NON-
PROFIT VOCATIONAL SCHOOL LOCATED AT 7321
NORTHEAST 2NO AVENUE $ M IAM I; FLORIDA IN THE -
ED ISON/L ITTLE RIVER NEIGHBORHOOD, WITH A
FLOAT LOAN FEE TO BE PAID BY SAID FIRM AS
SET BY THE CITY MANAGER.
WHEREAS; the Community Redevelopment Act of 1969, as amended;
requires in Chapter 163.360 that a community redevelopment area
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shall not be planned or initiated unless the governing body has';
by resolution' determined such area to be a slum area, or a
blighted+,area; or a combination thereof; and designated such area
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as-appropri'ated, for a community redevelopment project; and
WHEREAS' CHAIKEN -Corporation requested a Community
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Development Block Grant Float Loan in the amount of $1;500;000 to
be made available for the renovation of a building located at
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7321 Northeast 2nd Avenue' Miami; Florida and the establishment
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of a non-profit vocational school for area residents; and
WHEREAS; the City staff has reviewed the CHAIKEN Corporation
proposal for need and eligibility.with all applicable regulati r's,:
and recommends that such'a loan be made; ,
CITY COMMSSIP"A
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NOW; THEREFORE; BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF 14 IAM I; FLOR IaA t
Section 1. The City Manager is hereby authorized to execute
on behalf of the City, an agreement in substantially the attached
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form between the City of Miami and the CHAIKEN Corporation for
the provision of up to $1;500;000 in the form of a loan from
Community Development Block Grant Float fundsforthe renovation
of a building located at 7321 Northeast 2nd Avenue, Miami;
Florida and for the establishment of a non-profit vocational
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school for area residents; said loan to be for a two (2) year
period at two percent (2%) with a fee to be charged the firm for
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said Float Loan at a cost factor to be applied which shall be as
justified and approved by the City Manager.
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PASSED AND ADOPTED this llth day of MaY ;
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1989.
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ATTEST:
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COMMUNITY DEVELOPMENT REVIEW AND APPROVAL:
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DEPARTMENT OF COMMUNITY DEVELOPMENT
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1/ The herein authorization is subject to the reciept of an unconditio
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irrevocable Letter of Credit+_approved by the City l+�anager in #avar' Of pth�
City of__Miami; and further 'subject to sil. aRgI caiile rkquiremei4ta
preacibad by `'the CCy Attormey in' accordance witfi federal'stat and iiiup,
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law.
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BORROWER which shall be defined to include; without
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limitationi the bulk sale; merger or acquisition of
BORROWER by another business entity, or the sale, or -
the negotiation, transfer, sale, hypothecation or any
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other manner of encumbrance of BORROWER'S Letter of
Credit.
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c. Any proposed increase in the Project budget or any
modification or amendment to the Letter of Credit
required by this Agreement must similarly be considered
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and approved or disapproved, as applicable, by the City
Commission.
1.5
"City Loan" shall mean those monies advanced to BORROWER by
the CITY in connection with the Project and pursuant to the
terms and conditions of this Agreement, as secured by the
Irrevocable/Unconditional Letter of Credit.
-ef 1.6
"City Manager"'shall mean the Chief Executive Officer of the
City of Miami who will be construed to include any, duly
authorized designee, such as an Assistant City Manager
and/or;the City of Miami Community Development Director.
1.7
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County National of Florida, N.A. is the bank tssutng-w_
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irrevocable unconditional Letter of Credit for the sum of
One Million Five Hundred, Thousand Dollars ($1,500,00.0.00),- ,y
and is located at 801 N.E. 167th Street, North Miami Beach,
Florida 33131•
1.8
"Contract Documents" shall mean this Agreement between the _
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CITY and BORROWER, its exhibits, as well as any applicable
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federal, state and local regulations, laws and ordinances> ;=
which pertain to this Project, as they may be,amended:from
time to time, and shall additionally.be deemed to include: `I
any agreements entered into between the BORROWER -and the;.
architect/engineer, general contractor anc/or Proeotrf
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Manager for the demolition, 'restoration, and rehabtlttatlon
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BORROWER which shall be defined to Includef without
limitation, the bulk sale; merger or acquisition of
BogROWER-by another business entity, or the sale, or
the negotiation, transfer, sale, hypothecation or any
other manner of encumbrance of BORROWER'S Letter of
Credit.
c. Any proposed increase in the Project budget or any
modification or amendment to the Letter of Credit
required by this Agreement must similarly be considered:
and approved or disapproved, as applicable, by the City
Commission.
1.5
"City Loan" shall mean those monies advanced to BORROWER by
the CITY in connection with the Project and pursuant to the
terms and conditions of this Agreement, as secured by the
Irrevocable/Unconditional Letter of Credit.
1.6
"City Manager" shall mean the Chief Executive Officer of the
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City or Miami who will 'be construed to include any duly
authorized designee, such as an Assistant City Manager
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and/or ':the 'City of Miami Community Development Director.
1.7
County National of Florida, N.A. is the bank issuing_
irrevocable Letter of Credit for the sum of�
.unconditional
One Million Five Hundred Thousand Dollars ($1,500000.00 9
and is located at 801 N.E. 167th Street, North Miami Beach,
Florida 33131 • u
1.8
"Contract Documents" shall mean this Agreement between .the r
CITY and BORROWER, its exhibits, as well as any applicable -
federal, state and local regulations, laws and ordinances L
which pertain to this Project, as they, may be amended from a�
time to time, and shall additionally deemed to:inelude:
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any agreements entered into between the BORROWER' and the
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architect/engineer, general, contractor and/or Project-�
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Manager for the demolition, restorati 0 "Ina ' rehahiltatiot)4
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of the Site.
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-- 1.9 *HUD" shall mean the United States Department of Housing and
_ Urban Development and any duly authorised, federal employee.
1.10 "Letter of Credit" shall mean such.
Unconditional/Irrevocable Letter of Credit issued by a
financial institution of excellent standing and repute, with
an office within the corporate limits of the CITY, which
Letter of Credit shall be irrevocable, unconditional, and
shall be a clean Letter of Credit which will not require a
document of title to be presented in order for payment to be
. honored. The Letter of Credit procured by the BORROWER may
be drawn upon by the CITY for any cause or no cause
whatsoever, at the discretion of the City Manager, upon
prior forty-eight (48) hours written notice to the BORROWER.
1.11 "Project" - shall mean the building renovation and
establishment of a, nonprofit vocational school.
-s 1.12 "Project Site" - shall mean the building located at 7321
' N.E. 2nd Avenue, Miami, Florida.
-, 1.13 "Total Project Cost" - shall be One Million Five Hundred, -
Thousand Dollars ($1,5001000.00) which will be used to _
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renovate the building at the project site and establish a
non-profit vocational school.
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SUPERVISIONt
2.1 Excluding such authorizations which are reserved to the City
Manager or City Commission, for the purpose of this
Agreement, the City of Miami Department of Community, rj
Development (hereinafter the "DEPARTMENT") will act on
behalf of the CITY in the fiscal control, programmatic
monitoring, .',a►t�d modification of,,this Agreement, except. as
otherwise provided by this Agreement• f
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TIME OLD PBRFOA*"C8f TERM
3.1. The effective data shall be the date' 0. execytion
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Agreament by the parties. The term of thia Agr Went
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the Letter of Credit shall be two (2) years from such
effective date.
IV.
BOOM Or SERVICE83
4.1 BORROWER shall payoff existing Mortgages and advances on the
building located at 7321'N.E. 2nd Avenue.
1) BORROWER shall renovate the existing building located
at 7321 N.E. 2nd Avenue.
2) To establish a not -for -profit vocational school to be
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operated by National School of Technology for area
residents designed to provide the following services* -
A. Improving and expanding employment opportunities
and increasing personal income in order to
strengthen, diversify and maximize the economic
base of the service area.
B. helping residents acquire the skills and resources
to create their own businesses and services. =
C. Improving individuals' self-esteem through
developing life skills,by offering adult literacy
and English language classes, and 'special"
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education programs. }
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D. Meeting the. adolescents' needs for employment by;
providing vocational training and by snaking
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educational programs and facilities accessible` to�-
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them. -
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E. Refocusing the "energies ` 'of youth by offering "Y=
in job develo ent, en► to
programs j p yment and"
training and youth leadership. „y
F. Encouraging community pride rind awarenese#
Assurance of Governmental Approvals= Permits, Licensees
4.2 BORROWER warrants that
it_ has obtained, or has reasonaleb' a ;
assurance that it'will obtain; all 'federal,`` stiitee'nl )>
o�►ernmeti av:l tal ' � g pprovals an$' 'reewe reguire8 by' law toy"bs
obtained b the SOOR OI WER fo t
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FUgD�1�G:
5.1 The City Loan to BORROWER shall be in a principal amount not
to exceed One Million Five Hundred Thousand Dollars
($1,500,000.00) to assist in the renovation of the Project
site, according to the terms and conditions set forth in
this contract, and its exhibits, as they may be amended in
applicable federal, state and local laws, rules and
regulations, all of which are deemed as being incorporated
by reference herein. All loan disbursements shall be made
by the CITY to an account designated by BORROWER in writing
to the CITY at County National Bank of South Florida 801
N.E. 167th Street, North Miami Beach, Dade County, Florida.
All such loan disbursements to the Bank are for the use and
benefit of the BORROWER, and an,obligation of the BORROWER, -
pursuant to the provisions of the Loan Agreement.
5.2
The term of the City Loan shall be for two (2). years,_ from
the 'date. of execution of this agreement. -
5.3
Thee Interest rate shall be (two percent) 2% per, annum ,`—
,simple interestto be calculated monthly ,y on the actual
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amount disbursed.:
5.4
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BORROWER hereby 'agrees to pay to CITY the principal of such''
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loan, the said interest, , in addition , to payments. for. local ; %,Z=
surtax, documentary` stamps, intangible taxes,. recording t
fees, and any other miscellaneous costs generated �iw J;-
relation to the City Loan, including the purchase of various
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required insurance,polic:ies.
5.5
Principal and interest payments shall be der*
erred year 1,�-
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and -'2, and shall be paid at. the end of the second year of
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the Ciity., Loan.: At, the end.. p#'.:year-� 2, a balloonpayment
suffi to en to pay^ off` the entire' Qutstandi,ng indebtedness o
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and interest `'
principall accrued shall made. to the CITY at 'r;
,be
such -lap :spula,ed. in; atpcordsnaewit# th.;a Agrset�antr _
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V.
5.1 The City Loan to BORROWER shall be in a principal amount not
to exceed One Million Five Hundred Thousand Dollars
($1,500,000.00) to assist in the renovation of the Project
site, according to the terms and conditions set forth in
this contract, and its exhibits, as they may be amended in
applicable federal, state and local laws, rules and
regulations, all of which are deemed as being incorporated
by reference herein. All loan disbursements shall be made
by the CITY to an account designated by BORROWER in writing
to the CITY at County National Bank of South Florida 801
N.E. 167th Street, North Miami Beach, Dade County, Florida.
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All such loan disbursements to the Bank are for the use and
benefit of the BORROWER, and an obligation of the BORROWER, —
pursuant to the provisions of the Loan Agreement.
5.2 The term of the City Loan shall be for two (2) , years, from
the date of execution of this agreement.`
5.3 The Interest rate shall be (two percent) 2$ per annum,`
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simple interest to be calculated monthly on the actual-
amount�disbursed51
.
5.4 BORROWER hereby agrees to pay to CITY the principal of such yf
loan, the said interest, in addition to payments for aocal 4;t.
surtax, documentary stamps, intangible taxes, recording r�
fees, and any other miscellaneous costs generated in „n
relation to the City Loan, including the purchase, of various, ss`
required insurance policies. ;r
5.5 Principal and interest payments shall be deferredin year 1`
and 2, and shall be paid at the end , off' _the second ,year of `
t{ie-City,,Loan. At the end of year 21 a balloon payment _ i-
sufficient to pay' off 'the entire' outstand.ng .indebtedrlesa Qf
rtnci al and accrued Interest shall be made to the .' -,CITY' rE
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udh date . jjtipujated- in.; accordance frith UAW AreeweDt�y ,� r sf.
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5.6 The City Loan shall be secured by an
Uneondtttonal /Irrevocable Letter of Credit in favor of the
CITY, which shall be called upon 48 hours written.not.ice.
5.7 The entire balance of the actual disbursed principal of the
City Loan, and all accrued unpaid Interest thereon, shall
become Immediately due and payable either upon the
bankruptcy, reorganization, dissolution, or liquidation of —
the BORROWER, or upon the sale, par ial sale, refinancing,
exchange, transfer, sale under foreclosure, or other
disposition of the Project Site, improvements and/or capital -
equipment situated thereon, as is more particularly set
forth in Articles VIII and BII herein.
5.8 The repayment of the City Loan shall be unconditionally and
irrevocably guaranteed by BORROWER the entire period of the
loan by virtue of.the Letter of Credit.
5.9 City Loan disbursements shall be made as follows:...$900,000,
to pay off existing debts consisting of mortgages and —
advances, payable at closingo up -to $1000000 for expenses
involved .in obtaining the required Letter of Credit, payable''
at, closing. The balance' of the $1009000 plus 4500,000. will.
be used for renovations of the buildin start-up and
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working capital costs, to be disbursed upon presentation of'
certified" expenditures.
5.10 The .City -Loan may ,be prepaid at any time without penalty. F"
5.11 All payments due the CITY under this Agreement or its.:
Exhibits are payable to: City of Miami, c/o Finance
Director, 3500 Pan American Drive, Miami, Florlda "33133 (or
to such other address as the CITY may,, In.: writing,,. _
designate). All payments must be made on week-daysduring',
regular business hours and must be within the times required
by the CITY. -
5.12 Davis -Bacon., prevailing Mage rates must be appl:ted to he
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proceeds of'the-City Loan that are allocated tto_constructIon- , yF re.
N5 of the project. 80RROWER'shall use the app`ltcation`
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certificate' for--- payment forms'AIA GT02'and GT03
REPORTING:
i 6.1 BORROWER shall provide the CITY Ndth an annual report
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programs at the Center and, a yearly,
association's audit.
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6.2 BORROWER shall comply with all applicable provisions of the
City of Miami First Source Hiring Ordinance, Ordinance No.
10032, a copy of which is attached and incorporated as pert
of this agreement as Exhibit ;L..
6.2.1 The First Source Ordinance shall apply to all
construction resulting from this agreement.
6.2.2 BORROWER shall utilize the CITY's Neighborhoods
Jobs Program to recruit CITY residents who may
qualify for these jobs.
6.2.3 BORROWER shall also provide to the CITY a semi-
annual report detailing the jobs created during
the period of the Agreement and the BORROWER's
compliance with Ordinance No. 10032. The
reporting form is included herein as Exhibit -3.
6.3 The audit is due one hundred eighty (180) days after the
close of each calendar year (or fiscal year of BORROWER)
during the term of the City Loan.
6.4 BORROWER shall provide the CITY with additional program
information as is reasonably needed which the BORROWER will
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furnish, from time to time, to the CITY, at the request of
the City Manager, or his authorized designee, and/or the
eCommunity
Development Director.
All reports required by this contract (or such other reports
as are reasonably requested by the CITY) will be furnishes]
by the BORROWER to the CITY, c/o Community Development
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Director, 1145 Northwest filth Street, Miami, Florida 33136,
within the times required by this contract and its exhibits.
Maintaining Records and Right to Inspects
6.5 BORROWER shall: (i) keep and maintain books, records and
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other documents relating directly to the receipt and
disbursement of such CITY fundst and (ii) any duly
authorized representative of HUD, Comptroller General of the
United States, or the CITY shall, at all reasonable times,
have access to and the right to ins ect, •co
9 P Py• audit*. , and
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examine all such books, records and other documents of
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BORROWER at such place within Dade County, Florida;
(including a City of Miami office or the 80RROWER's Dade.
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6.2 BORROWER shall comply With all applicable provisions of the
City of Miami First Source Hiring Ordinance, Ordinance No.
10032, a copy of Which is attached and incorporated as pert
of this agreement as Exhibit.
6.2.1 The First Source Ordinance shall apply to all
construction resulting from this agreement.
6.2.2 BORROWER shall utilize the CITY's Neighborhoods
Jobs Program to recruit CITY residents who may
qualify for these jobs.
6.2.3 BORROWER shall also provide to the CITY a semi-
annual report detailing the jobs created during
the period of the Agreement and the BORROWER's
compliance with Ordinance No. 10032. The
reporting form is included herein as Exhibit .3.
6.3 The audit is due one hundred eighty (180) days after the
close of each calendar year (or fiscal year of BORROWER)
during the term of the City Loan.
6.4 BORROWER shall provide the CITY with additional program
information as is reasonably needed which the BORROWER will
furnish, from time to time, to the CITY, at the request of
the City Manager, or his authorised designee, and/or the
Community,Development,Director.
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All reports required by -this contract (or such other.reports
as are reasonably requested by. the CITY). will be furnished
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by.. the BORROWER to the CITY, c/o Community Development
Director, 1145 Northwest llth Street, Miami, Florida 33136,
within the times.required.by this contract and its exhibits.
Maintaining Records and Right to Inspect:
6.5 BORROWER shall: (i). keep and maintain books, records -and
other, documents relating directly to the receipt and
disbursement of such CITY fundes and (ii) any duly
authorized representative of HUD, Comptroller General of the
. United States, or the CITY , shall, at all, reasonably times,
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have access ao and the .right to inspect,, . cQpy, auait� .tid
-Oxami.ne, :all.. such. books,,- records and .other ,docuiment9,:,b such
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BORROWER at such place. within: Dade, Coun .ty, FiQx'#.da
(including a City of Miami office or the SORROWER's pads4'`
A $v �0 �`s'dk•Y'
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County office) as Will be designated by the CITY Or the
Secretary until the completion of all close-out procedures
respecting this Agreement, the final settlement and
conclusion of all issues arising out of this Agreement,
— inclining, without limitation, repayment of the loan.
Access_ to. Projects
6.6 BORROWER agrees that any duly authorized representative of
HUD or CITY shall, at all reasonable times, have access to
all or any portions of the Project in which BORROWER is V-
'.1
involved until the completion of all close-out procedures
respecting this Agreement.
No Assignment or Successions
6.7 BORROWER agrees that no transfer of CITY funds by the CITY
to the BORROWER shall be or be deemed an assignment of City
Loan funds, but rather it is expressly understood and agreed
1
that these funds are a loan to be repaid as provided for -
herein.
Financial,Capacity:
— 6.8 The BORROWER shall provide satisfactory evidence to the
Department of Community Development that the _BORROWER has;'
sufficient funds..to complete the Project prior to the:
— disbursement of any funds.
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® Davis -Bacon Act:
6.9 BORROWER shall comply with the Davis -Bacon Act by submitting
a monthly report during construction of the project.
6.10 BORROWER shall use U.S. Department of Labor Forms 257 .and ;=
347, and,City of. Miami Forms A and B.
viz.
INDENNIFICATIMS 4 ``
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7.1 BORROWER:shall indemnify and save CITY, its officials.and/or.
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employees, jointly and: severally, harmless from, atd.against�.
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any ,and all;. clams, demands, suits, proceedings, actions, ,
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debts,: -liabilities,; .losses, and causes of -,.action which� y F
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arise out of BORROWER's activities, actions undertakings
and or uses undet this Agreement, including all other acts
or omissions to act on the part of BORROWER, or any other
agent or representative of the BORROWER, including any
person acting for or on its behalf, from and against any
relevant liabilities, losses, damages, costs, expenses,
orders, judgments, or decrees which may be entered against
the CITY= and from and against all costs, attorneys' fees,
expenses and liabilities incurred by the CITY in the defense
of any such claims or in the investigation thereof. This
indemnity shall be limited, in terms of liability of the
BORROWER/ Ind emnitor, to the sum of One Million Five Hundred
Thousand Dollars ($ l,•500, 000.00) , with accrued in or
the amount outstanding with accrued interest, whichever is
less. This indemnity will apply to any and all claims,
demands, suits, liabilities and payments, whether in tort or in contract, in law or in equity, and the
BORROWER/ Ind emnitor will be responsible for the acts and
omissions of all persons, firms or business entities
directly or indirectly employed 'by the BORROWER, or hie
contractor, in relation to this Project. The BORROWER shall
— indemnify and defend the CITY, its officials and employees,
s>� -
and, at its expense, appear,' defend and pay all charges of
attorneys* all costs and liabilities, and all judgments, and
other expenses arising from or incurred in connection with
such activity, and if any judgment or award be rendered
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against the CITY in any such action, the BORROWER shall, at
its own.expense, satisfy and discharge that judgment, final
order or decree, and, at its own cost and expense, prosecute.
or defend any appeals therefrom. One hundred dollars
($100.00) of the loan proceeds constitutes separate and}
distinct and independent consideration. given by the CITY to' ,
tha BORROWER' for the: } granting of this indemnity. �
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BORROWER shall fail: (i) to comply with the terms of this
Agreement, its exhibits, and relevant laws referred to
therein, or (ii) to accept conditions imposed by CITY at the
direction of federal, state and local agencies. This
section is provided for without prejudice to the CITY's
other rights and remedies, which it expressly reserves and —
retains.
7.3 Call Provisions:
The City Manager can call the Letter of Credit and shall -
notify BORROWER of this call by providing them a written —
notice in accord with Section 7.9.1 herein and this shall be
deemed a notice of call complying with this contract. This —
call will be made in the event that anyone of the following
events occur:
1) HUD determines that this project is an ineligible 4
activity; or,
2) The CITY needs this money.. to fundongoingCommunity
Development activities or any other Community
Development Float approved prior to the Chaiken
Corporation Float which are Circa Barnes Sawyer for
$7.3 Million Dollar Float, a $500,000 float to Indian -
River Investment and $5.4 Million Float to Zaminco
Freedom Tower; and One Million One Hundred Fifty
Thousand Dollars ($1,150,000.00) Float to Y.M.C.A. of
Greater Miami; or
3) A default in the agreement; or,
4)* That the .City Commission at its sole discretion for
cause or no cause whatsoever 'considersy appropriate
aa11 the loan at or after a public hearing at whtc
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t•i - ' fir. E..;y�,
this project is discussed.'
7.4 lfondia`crin nat� on:
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BORROWSRr agrees that. it shall not Oiacriiginate +sp tQ e��"*�t�
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hpnO:tcap;�
Wait
tp �rformance unde.p the Ar+��x# r r -
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' .5 C rc►l anee i�it f'n3aralt State .and _,t cal _t a
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Roth parties shall comply with all applicable laws#
ordinances# and. technical codes of federal, state and local
governments . -
_ 7.6 Awl, of Agreement:
BORROWER warrants that it has not employed or retained any
person employed by the CITY to solicit or secure this
has not of to pay, paid, or
Agreement and that it
agreed to pay any person employed by the CITY any feet
commission percentage, brokerage fee, or gift for the award
of this Agreement.
7.7 Ton-Delegability:
The obligations undertaken by, the BORROWER pursuant to this
Agreement shall not be delegated or assigned to any other
person or firm unless the City Commission shall first -
consent in writing, by passage of an enabling resolution, to
the performance or assignment of such services or any part
thereof by another person or firm. It is understood that
the CITY has relied on the BORROWER'S financial capabilities
and credit rating (including BORROWER's Letter of Credit),
its, unique development expertise, and may. withhold such
consent.
7.8 Governing Laws Yenua; Reasonable Attorneys' Fees:
This Agreement shall be construed and enforced according to
the laws of the State of Florida. Venue in any civil action
ment shall be in courts of
arising out of this Agree
competent jurisdiction situated in Dade County, Florida, in
the event the CITY ie pressed to institute.any civil: action
to enforce this, Agreement, or collect, any monies .; due:;
virtue of .this AgreemeRt,;..(or,, by virtue of .aay ,breach= or `T �
clefauit urxler this Agreement,) includiug._court c , tow,+s
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reasonable .attorneys:- 9805j,including ,any,.. ppeliatew ,do�ka, �&�K _
7.9 General Condit, i�ne�_
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—' 7.9.1 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
rerviee, or by registered mail, at the address
indicated herein or as the same may be changed
from time to time. Such notice shall be deemed -
given on the day on which personally served= or,
if by mail, on the fifth day after being posted or
the date of actual receipt, whichever is earliers —
CITY OF M_ I BORROWER
City Manager
3500 Pan American Dr.
Miami, Florida 33133
WITH COPIES TOs
City of Miami
Director of —
community Development
1145 N.W. llth St.
Miami, Florida 33136 =
7.9.2` Title and paragraph headings are for convenient
reference and are not a part of this Agreement.
7.9.3 No waiver or breach of any provision of 7this
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.
7.9.4 Should any provisions, paragraphs, sentences,
words or phrases contained in this Agreement be'
determined by a court of competent 'jurisdiction to
74
be invalid, illegal or otherwise unenforceable
under he laws of the State of Florida or the City. >
of Miami, such provisions, paragraphs, sentences,,°
words or phrasee shall be deemed modified to'. the
extent riscesary in . order to conform with
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— laws& or if not modifiable to conform with such
laws, then same shall be deemed severable, and in
either event, the remaining terms and provisions
of this Agreement shall remain unmodified and in
full force and effect.
7.10 Independent Contractors -
BORROWER and its employees, and other agents, shall be
. deemed to be independent contractors, and not agents or
employees of CITY, and shall not attain any rights or
benefits under the Civil Service or Pension Ordinances of
CITY, or any rights generally afforded classified or
unclassified employeest further they shall not be deemed
entitled to the Florida Workers' Compensation or
Unemployment Benefits as an employee of CITY.
7.11 Nothing contained in the Community Development Float, or in
this Agreement, nor any act of HUD, the CITY, the BORROWER,
or any of the parties, shall be deemed or construed by any of the parties, or by the third persons, to create any
relationship of third -party beneficiary, principal and
agent, authorized representative, a limited or general 2°
partnership relationship, or joint venture, or of any
association or relationship involving HUD and/or CITY.
7.12 successors and Assigns r
This Agreement shall be binding upon the parties herein,
their heirs, executors, legal representatives, successors,'
and assigns, provided, however, that any successor or assign
of the BORROWER must be approved by the City Commission in
the manner provided for herein.
Vill*DEFAULT AND REMEDIESs
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8.1 Events of Default
A default. shall consist of any of the fiollowing evertsa
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or failures to act .at the sole and exclusive option of th77
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n shelf of the CITY:`
E C.ty Mange acting o a
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laws$ or if not modifiable to conform with such
laws, then same shall be deemed severable, and in
either event, the remaining terms and provisions
of this Agreement shall remain unmodified and in -
full force and effect.
7.10 Independent Contractors
BORROWER and its employees, and other agents, shall be
deemed to be independent contractors, and not agents or
employees of CITY, and shall not attain any rights or
benefits under the Civil Service or Pension Ordinances of
CITY, or any rights generally afforded classified or
unclassified employeeel further they shall not be deemed
entitled to the Florida Workers' Compensation or -
Unemployment Benefits as an employee of CITY.
7.11 Nothing contained in the Community Development Float, or in
this Agreement, nor any act of HUD, the CITY, the BORROWER,
or any of the parties, shall be deemed or construed by any
of the parties, or by the third persons, to create any
relationship of third -party beneficiary, principal and.
agent, authorized representative, a limited or general.
partnership relationship, or joint venture, or of any
4
association or relationship involving HUD and/or CITY.
7.12 Successors and Assigns:
This Agreement shall be binding upon the parties herein,
their heirs, executors, legal representatives, successors,
and assigns, provided, however, that any successor or assign
of the BORROWER must be approved by the City Commission in IT
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the manner provided for herein. TF
VIII. k
DEFAULT AND REMEDIESs
l i F jW✓J2�:
8.1 Events of Default y4
- A default shall consist of any of the follow ing:eventse
or failures to act at the sole and exclusive Opti4 ► Qf the ;'q u a ,
er,.actingon behalf of the CITY$'
k
a. h material breach of any covenant, agreement,
provision, or warranty entered into between the CITY
and BORROWER relating to the Project: or
b. The BORROWER's failure to punctually and fully pay any
or all principal and/or accrued interest on the City of
Miami Loan• or any installment thereof, in the manner
provided for herein= or
c. Dissolution, insolvency, bankruptcy, (voluntary or
involuntary) of the BORROWER1 or •
d. Failure to maintain the required insurance or bonding;
or
e. The Bank's failure to fully honor the Letter of Credit
upon call or presentation by the CITY for payment on
— such Letter of Credit or the revocation or stop payment
or lapse of such Letter of Credit or insolvency of bank
issuing such Letter of Credits or
f. The issuance of a writ of execution, attachment,
garnishment, or similar writ against any property
and/or money at or to be used for the Chaiken
Corporation project, • or the entry of a final judgment
against BORROWER (which is not appealed and stayed by
BORROWER).
8.2 CITY'S REMEDIESs
8.2.1 If the BORROWER defaults on his obligations as
contained -in this Agreement, the CITY may call or
Y,
demand payment of the full balance due under the
BORROWER's Letter of Credit, and/or institute or
make any other appropriate claims, notices or,:
actions against the BORROWER,- as it deems.
appropriate in its discretion. The CITY shall �y"yam
=;
of 9 `
ive the BORROWER one (1) written Notice
Default stating what such default is, If said
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default is not fully corrected within thirty of)
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— +�,,. '.•'x; sv1�t �. r mod„?' qa�a. � ap a + 7 c ` fit 3`'
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consecutive days from the date of the notice of
such default, the CITY may continue such
suspension of funds and, by delivery of one (1)
further written notice, terminate this Agreement
upon three (3) days from such written notice of
termination, and/or call the Letter of Credit aft
provided for in such instrument, which shall be an —
automatic termination and cancellation of this
contract, effective upon three (3) days. The CITY
expressly reserves all of its remedies, as it
deems it. -
• 8.2.2 If a default occurs, the CITY may at any time, or
from time to time thereafter, protect and enforce
all rights available to it under this Agreement by
suit in equity, action at law, or by any other
appropriate proceeding or action, whether for
specific performance of any covenant or agreement
contained in this Agreement, and/or damages, _
and/or breach, and/or rescission, including
without limitation:calling the Letter of Credit,
acceleration of the then outstanding principal'aM -
interest which shall become immediately fully due
and payable, with interest, along with costs and
reasonable attorneys fees' incurred by the CITY in
any civil action, and/or seek any 'other relief,
remedy, or action and/or proceed to take any
action authorized or permitted under applicable
- laws, rules, or regulations. ti
• 8.2.3 In'the event of a default and a call' on.the Letter_
of Credit is made by l the City'Manager and the Bank ;
SEEM,
does not honor the call within 48 hours, then`tho Yr
BORROWER ' shall '°be' liable to pay . ate reet at prune
rate on the monisdisbursed . °and receded
t
BORROWER from the date of the bank's failure to
honor said call to the date of payment.
8.2.4 Regardless of the existent Letter of Credit- the
BORROWER shall be liable for repayment of
principal and accrued interest to the City of
Miami in accordance to the terms of this loan
agreement and its exhibits.
8.4 BORROWERS REMEDIES&
If a default occurs on the part of the CITY, the BORROWER -
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may at any time, or from time to time thereafter, protect
and enforce all rights available to it under this Agreement
by suit in equity, action at law, or by any other
appropriate proceeding, whether for specific performance of
any covenant or agreement contained in this Agreement, or
other relief, or proceed to take any action authorised or
permitted under applicable law or regulations.
Limitation of City Liability for Project Activities:
8.5 BORROWER acknowledges that the CITY shall not be liable to
the. BORROWER, or to any party,. for completion or inspection
of, or the failure to. complete or inspect, any activities -
which are a part of the Project (except the.CITY's.failure. `
to without just cause, such as lack of funding,. or,
reallocation of.such funding at the request of HUD, not make
the loan to BORROWER as specified Section 5.1 of this _
Agreement, in which event CITY's sole liability shall be to - s
make such loan).
IX. -
ADDITIONAL GENERAL PROVISIONS:
9.1 BORROWED accepts City Loan Funds so appropriated in
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accordance with the terms of;this Agreement. $y
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9.2 . .BORR(WER agrees:lR
9.�.1 To; .maintain_ a separate,; independent, d,e�tnct
- ct),ec.kjng, account, .ram: to. i tY r
d all C3
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9.2.2
9.2.3
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Funds received in such account+ and no other fund"
In said account. The BORROWER will not allow
co -mingling of such funds with any other monies or
commercial instruments, and make all disbursement
of City Loan Funds from said accounts
To produce all documents, including, without
limitation, cancelled checks, money orders, bank
statements, deposits, withdrawals, draws,
disbursements and change order forms,
architectural, construction, engineering and
consultant contract payments reasonably required
upon request by the CITY.
To consent to such audits as may be required by
the CITY or HUD.
9.3 BORROWER assures the CITY that the Project will be completed
by BORROWER in a first class and timely fashion and in
accordance with this contract, its exhibits, technical
codes, and all applicable federal, state and local laws.
9.4 The CITY and BORROWER warrant that the parties have
obtained, or have reasonable 'assurance that they will
obtain, all federal, state and local governmental approvals
and reviews required bylaw to be obtained by the CITY and
BORROWER for this Project.
X.
INTEREST OF CERTAIN FEDERAL OFFICIALS:
10.1 No :member of or, Delegate to the Congress of the United
States, and no Resident Commissioner, shall be admitted to
any share, or part of this Agreement or to. any benefit to
h.
arise from same.
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:. EQUAL EMPLO-iMEM OPPORTUNI i i ie x
�.1.1; •RQRtC+IER..agteae _ to abide _by the Equal Opportunity Clause for Y
Contracts subject to executive Order No. 11246, as described
in Exhibity , .w'hich is attached and incorporated iherein.
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XII.
T19041VATION Or, AGRE04UTo
12.1 unless otherwise or earlier terminated by the CITY pursuant
to the terms and conditions of this Agreement, or by mutual
consent of the BORROWER and the CITY. this Agreement shall
terminate upon tL :,completion of all close-out procedures
respecting this Agreement and the final settlement and
conclusion between BORROWER and the CITY of all issues
arising out of the loan, unless otherwise provided in the
close --out Agreement between BORROWER and the CITY.
XIII.
OTHER FEDERAL REQUIREMENTSt
13.1 BORROWER agrees to abide by the provisions described in
Exhibit S , which is attached and deemed incorporated herein*'.
by reference.
XIV.
AMENDMENTS:
14.1 No Amendments shall be made to this Agreement unless in _
writing and signed by authorized officers of the BORROWER
and the City Manager.
XV.
ENTIRE AGREEMENTS
15.1 This Agreement and its Exhibits (whether attached or.deemed '
as being incorporated by reference) contain the entire:.
Agreement between the ptcties and shall not be modified in
any manner except by an appropriate instrument in writing.
This Agreement, upon becoming effective, shall supersede and
annul any and all agreements heretoforemade, issued- ora''
contemplated for this Project between the < CITY and . =the.':*_*, t
BORROWER which shall hereafter be. 'void. and ''of no effect. = "�
. XVI
INSURANCE CSRTIFICATESt
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to the terms and conditions of this Agreement, or by mutual
consent of the BORROWER and the CITY, this Agreement shall
terminate upon the completion of all close-out procedures —
respecting this Agreement and the final settlement and
conclusion between BORROWER and the CITY of all issues
arising out of the loan, unless otherwise provided in the
close-out Agreement between BORROWER and the CITY.
XIII.
OTHER FEDERAL REQUIREMENTS:
13.1 BORROWER agrees to abide by the provisions described in
Exhibit 5 • which is attached and deemed incorporated herein#
by reference.
XIV. -
AMENDMENTSs - —
14.1 No Amendments shall be made to this Agreement unless in
writing and signed by authorized officers of the BORROWER
and the City Manager.
XV. —
ENTIRE AGREEMENT=
15.1 This Agreement and its Exhibits (whether attached or deemed
as being incorporated by reference). contain the entirQil
Agreement between the parties and shall not be;modified in.,
any manner except by an appropriate instrument in writing.
This Agreement, upon becoming effective, shall supersede,and
annul any and all agreements heretofore made, issued or
contemplated for this Project 'betweeni. the .CITY,. and .,'the:,`
BORROWER which shall hereafter.be void and of no effect. .
XVI.
• INSURANCE CERTIFICATESt
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IN
80 IN& BAIMNNT_AND PERFORMANCE._ BONDS$
17.1 BORROWER agrees that it will At all times save CITY free and
harmless and indemnify it against all claims for labor or
materials in connection with improvements, repairs, or
operations on the Site, and the costs of defending against
such claims including reasonable attorneys' fees.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by the respective officials thereunto
duly authorised, the day and year first above written. _
CITY OF MIAMI, a municipal -_
corporation of the State of
• ATTEST: Florida
By
MATTY HIRAI CESAR H. ODIO
City Clerk City Manager
ATTEST: BORROWER: _
Chaiken Corporation, A Florida
For Profit Corporation
By
Corporate Secretary
-President & C. E.O. r 5,—
(Seal)
APPROVED AS TO FUNDING SOURCE = �_
AND AVAILABILITY:
Finance Director
APPROVED AS TO INSURANCE APPROVED AS TO FORM AND
REQUIREMENTS: CORRECTNESS:
s
Insurance doord1nator JORGE L. FERNANDEZ
City AttorneyWo
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NXIII 11T 2
ORDINANCE NO: 0 0 n 2.
AN ORDINANCE IMPLEMENTING THE "FIRST SOURCE
11111ING �AGRE�ENENT" AND ATTING A3 A CONDITION
PRECEDE TU THE EXECUTION OF CONTRACTS
RESULTING IN THE CREATION OF NEW PERMANENT
J0113# THE SUCCESSFUL NEGOTIATION OF A "FIRST
SOURCE HIRING AGREEMENT" ' DETWEEH THE PRIVATE
• INDUSTRY C0I110:11. • OF •3OUT11 • F1.0111DA/SOUT11 +
FLORIDA EMPLOYMENT AND TRAINING CON301ITI1111 j
• AUTHORIZED • REPRESENTATIVE OF THE CITY OF
M1ANI.,- AND -THE ORGANIZATION OR INDIVIDUAi.
RECEIVING . SAID CONTIIACTO UNI•E33 SUCH AN
— • ; AGRF.Eliriff"IS FOUND TO -BE %INFEASIBLE BY THE
CITY MANAGERV AND SUCH FINDING 15 APPROVED BY
• i��r:TIIE CITY COMMISSION OF THE CITY OF MIAMI+ r
WII'll THE PRIMARY BENEFICIARIES OF 11IIS
• ' AGREEIIENT BEING THE PARTICIPANTS OF THE: CITY
" OF MIAMI+ TRAINING AND. EMPLOYMENT PROGRAMS s
• AND 0111ER RESIDENTS OF THE CITY OF MIAMI;
•• + CONTAINING A REPEALER PROVISION . AND
SEVERABILITY CLAUSE.
"• F'' WHEREAS, the City Commi3aion has'declared its intent
its
• "that public.- projects that are flnanceO by public fundsCETA`
participants; who are ellglble are to bE�given priorityu (Motion �..
83=1018j. November 161 1983), and;
• WHEREAS j the City ' COMM133I011 . is d431r0u3• of supporting
tile' concept of "First Source Hiring ,Agreement»j' which Would giye
priority employment- -to City or Miami training`, and employment•
participants i hiring situations rG.3Ulting' from, the support` of
pubif`c funds, from or through thewlCpy `snd/or special privileges
granted by the City of. Miami, and;
WHEREAS -tile. ` City C010111i33i0n passed a Reoolution •
'• "eseabiisU ng"� an advisory �cgmmittee to `recommend s'-"First tource'
iltrtng Agreement" pollcy fdr L iatplewentation by the CLty of` Klan
— and appointing certain ' indirlduels to "serve oh hlit cowNittea"' a,
tReaolutl'op No: aM^ehe �' iul'y 31; `198M�; id
s:
VIIEREA`S, 'the' City .Co�iail slon'`or th 'City pa '1 :
a rtF
!�i`sltes`'Ao'sssura' conrinuing`"eNploymept'opport`uniih'eAol' re�identa r
. • - 4 • F • .'f `. +-P'::` , `s ',7 s .s:t s' i ."T� °'� ay t of 5: �' �.t-y
QC°''the 'city Ror`:Htil,' slim,;
Y Y � � j' F • ��Ct, �;Zu 1
e4ihorised rapi•Naentattre ahel:l ne4attatt±t r R
}H QPIt'a gll�itl`Rrweeale�+l�;��' At�� pr�►Ro
t �•��r
pp ((cpp 1 11
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project basis With lice reelpletit of contt•eets for ratttlttles,
services , and/or grants slid • loans from at- through Lit -City of
`N16101 and; ; , ' , ,• .
• •NIIfN1:A3� those ot•gttttlalit 16113 anal lttiltviduals reeeivtng .
•contracts for. •faciltttest servlees and/or grants anti loans ftow,
a�� , through the City of Hlami should participate to the "first
>Source lilting Agreement" as it. is, III the hest interesl: of said
pa1•tie3 slid City of Hiami restdents, and; ,
WIIEREAS, for Cite purpose of this resolution, contracts
. for 'faail iciest 'set•v Ices anal/or grants anti loalts wtth the City of
• Hiami, are derineti to Section 2 or this Ot•d•tnatiee, and;
WHEREAS, ;thnse nrganizations or Individuals redeiving
til idr�nttfled publ tea funds, by the receipt of contracts 'for
facllitl`es,services anti/or grants•slid loans Would be requiredI
precedent to . the execution or said contracts to ent-er ' , into 1
1
negotiationsWith Lite Authorized representativet••as defined in
Section •2of the Ordinance, slid to; arrive at a "First Source
Hiring Agreiwt nt" tdtleh 13 satisfactory to both parties, and; '
j WIIEREAS,, the special duties land ' responsib`ttltt*3 o.t
authorized 'representative 'necessary to ' implement ' "First" -Source
III
ring' ' 'Agreestents" are spelled out in the provlslons, or,
. a Resolution being considered toc adoption by the City Caataission
on'June 13, 1965$ anti .
w11EflEAS; ` a 00del- "Furst 3otirue' Hiring Agreeatent" !s
attached herewith, for illustrative purposes only;
NOW, THEREFORE' BE IT ORDAINED By TIIE COH14
ISSIO11 _
OF'T14E CITY OF HIANi, FLORIDA:
Section 1. That tilts Commission hereby approves
IMp'lestentatloa of the "First Source Illring:AgraCment" Polley`#lid :
• �reyu�ires 'a9 s ' condition precedent 'to the ''e.Iteoution of ` eerv,Ice `
contracts for facilltles, servlces, 'end/or receipt of'' drtings end
loans t for pro joe is of a nature. that crest4 neN Jobs, tote q
r �rf
•Jsuccessfui netotlstion of ` "t:irst�` Source ,Ilir ng 1lgritetsentat"'
i
betNeii� 'the of j�stil anon ors i i tit c t'rtiI _reee'iV tng asld epntrtet' r fl ri
t� tr
cite aut�jior`ized '` rep re's`enl:atiw unlhese° �auah ln�'�ree�ii ;"`�,'�►'
s t F aK y° a"Cik'i► ti�eter ends`atuali``�'lndingF4Jo p.r A
zti.., Este l,'; +,3' E' d { s /� + /f s /■` M`` �R tZ � r� s � �� �� ��� �� ti.
_ ,17�` J �� II�.e1 i`" fl����i/�r��y M• T.��t'..��je ����,� �� ���� r��, '`� . kf.[.��'S°�"� s`
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• d' is ���e� 3'E �'S } r � t + > a w!
- -. r C �l�Rif.1J�:.u'J ,. ..._,. . :: .': .' :. ." ... .. _S .. ._ J...•:'Y`fi L�EF„hL :.� _
5
Section • 7. Uertttttions. For Lite purpose cor Lite ,
urdtIlene e, tide 1"otiaHing terms, phrasea,1 words etid the Ir.
":!der IV AcLim a" A) III I have the folio4dIli %Canln9st .. • , ,'
'+• }
'Sery tee ' Contracts means contracts ..ror the
k • procut'eMent or services by the city or Miami Which include 1 �;
It
�� � i►rafesslonal services. ':
U. Facilities means' •all publicly rwanced projects,
including but. bli.hout 1lmiLatlan, unified development ,projects,
municipal public toorks, and municipal Improvements to the extent {
► : • ' they are .financed through puht to money sery tees or the •use or
•pub licly owned property. '
C. Services includes, W1Lhout limitation, �public
Not•ks ImproYements,�' raetlttles, professional services,
commodiLYes, supplies+ maLertals and equipment.
1). Grants and' Loans means, Htthout limitation, Urban
Development Action Grants (UDAG•), Economic Development Aggney
a' aonsl.ruction loans, loans from Miami Capital, Developments •. }
•. Incorporated, and all federal °and State grants adegtntatered, by
tite City of Miami. .�.... `_
_ + E.` Authorized Representative aeatts the private
:'Industry council or South ,FlorlddSouth Florida Employment and
.,
Training Consortium, or Its successor as local .recipient `'or.:-
•, • federal and State training and employment funds. r'3
�. 'Section 3. .The authorized representative hall-.
negotiate each "Fir;t Source Hiring Agreement".
�• Section M. The primary kenerictarles or Lite **First
'�•: i
,t ..• A , nA." 1
-Source Hiring Agreement." shall -lit participant- of the Cite or'. :
. Miami: trai,ntng slid employment rograms and other ,residents
the `City of,Miaol. ,•�+ :'�'
Spatlott 5. Al_1 ordlttsmes, or paf is thereof;r�'nr
e ,,,
1 = a g` t
confLit: t bereWlth are hereby repaatd. „ x
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of or rov S. off' ti .3a�
Baton .6. Should any part:_ p
'�; QfdinAn�a bs d4ialted 4�.uy iAon�
-
%..t)tr..oid. :aaoshal n►,[f.ea�.'i:ha 1rs�•�dtty,.Qf i1ta�„Qrdinalt s
1'A53Ia� t1� I MIST pEA11111 • pT TITLE t1i,.,Y 1'1115 IAihtrw
day ot
,.; t .•:,•� .':..•';:•PAS Ep AND ADOPTED t�N SEEIINIy"AN0 FINAL' REA*DI1IC BY TITLE •.
;.' ONLY'lhI:s 't 'a
lxlt!`...�.. clays 'Net�tember , 19A5. • w
• .Ilauc,�c �«��. k -
• RAMIE A. 6 CIA YO B r
'CITY CI.FRK_ ., ..
PREPA 'D AND APi'IIono by: ,
6�
11 11E RT :C -ARK
...._
CIIIEM ;)E UTT CITY ATTORNEY
_— 4 veNou S" � PORN AND COIIRECTHE33:
• UG
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LUC�A OhERTY <,
CITY ATTORNEY '
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1A � • 6 � r,,__,!E A e�'� i.a .o�..i a t �4w°sst��.hct'
j 1 dj 7ft' i'Y f v rt Y
� �.�'"7t +s'�' �c r s' :E � r �� x � �s'�. � •ler .� „� Zn'A tkr a s _
_ `�F i 5.., 'r �'� i�}yt +Y T p .. r •" _ •'y"v {P�'ha•m.PC:"xTr' .,�wy, _
".s,� }� �k pS't }�i �1•� g''��Y" vMxc .t} i :;fi1 i-� t ��a fit^' a.
l�Xiltpt�' 3
CITY ., or MthNt
Na1�tt1ulciRiirioDB b�$�itt)t3pAM
IAIt4'kltl Y NNi'tl � Ali 1
' t=1111t:ra1�1:A1^ t
porto covereat
Person yreparlotj tteporkl
nets$
to t1URV 1 BN
a.)Number of now lxIeltlana ureatedi
h. )Number of Applicants lnt:ervieweds •
(flack Nun -Latin Malone
y
2.) Latin Haloes
2.) WhLte Nun-loatin Malone
4.) other Males `
�L
5.) Black Non-leatin Females$
G.) l.atan Females$
7.) White Nun -Latin Females$
a
0.) Other Females$ t
CIO Number of City of Miaiai Residents tuterviewedt
1,) Mack Non-l.At ill Wales t
— 2.) Latin Maleel zi
3.) White Nan -Latin Malone
44 Other Hales$
plack Nun -Latin Females_
t 6@) lstin Famalest Y--
F • 7.) white Non -Latin Females t � f
0.) Other Fematest
491 Number of Applicants Referr*d by city of Miami
Noighbot;hopds Juba Programs i•
{ 1.) Black Non-l.sttt/ Hitless �=
2.) Latin Haloes
s 3) White. Haloes
=$ R
' e th*�-
a 4) Other
.M41ee1 -
�.) Black, NOn-l•ati„ fromales t `'
i.stiq FeMnieet
N
�a 7.) Iilii t e Moi!"t.OA FenNs lei
c Ana
EVE
1�. Nlll01hrar fit CLI-V of Miami ttesidettl:a llirelll
.._ � 1 � ' 111n�:k Ntrn•�Lal till Ma let, t
}# ::
�.) Ltti:lh "along
l•D Nhl1.a Nc11t-1.afa�l "Alen$ '
r .49) Ul.laor Moans. ti
• ' ' S.� Oack Non-l.htiq >'etrslost
• SO I.alilt Females)
1
�•i MhIto Nun -Latin Fealhlant
�Z
II.) Uthar Females t
Iir Breakdown Ity Irc%sltiott ' (I.int eaeh IK)sll:l.Qn opening neparako-
17
ly)t
a.) Positiotl Title$
b•) Brief job Ouscriptiott$ `,
i
t..) Number of Applic.allLe 111terviewed for the Positions
t ''
1 • D hlerlc Nc�u-t.nlan Males $
2.) i.$tl.tlt Maslen $
30) White Nun-l.atin Malee$
'.) Other Ms led
' -56') black Not% -Latin Femalea t
Lei tin Females I
White Hun-I.titin Females/
0.) outer Females t
a.) Huber of Applicants Referred by City of Miami, 3
' Neighborhoods .lulls Progratat'
1. Ulaok Non" -Latin Haloes
' 2.) I•afan Males $
3.) Mltlte Noll -Latin Males$ r
r
r _
'Nob=iAtin EsIMa les t r
Bewales tcx
_ -
- �:`� �Wb'tte f#UIL�I+4►f•�n .:R�pLo.: t z% � , -
ye
r }x:
Or) 4th�ef`' !'eat►gltatf.._ `�,34�
)4 cs'ntk
Or
—_- 4 .,�. � :' fF=4'�t i• P+—y��.z,,,•tiii�ti' ��R k.(� ��.,',� .c - i s - sr r�,:.r Wiz, y �.,.���7yY
k:
b -
k '� +�•� �►errltoatst. i�irenit
.) "arse t
Z.) Jldaresel
t
a:.
3 •) Referred by Clky of Hlas»i Ne19111JO lsoode Jobe ~
Prsxlram (check if yes►) t
��*pr��aaa�+s�ss=sans.eararsssssranessss�t�ssssasss+esass.�f�ssessssiss�siri
a •) t'wltiun 't'ltle t
b.) Orlef Jul) ttencriptiont
u•) Number of Ac�c�itcant.e inkarvleWed for Use t'o4lklont
fi l.) Mack Non -Latin Haloes
2•) Latin Haloes ..
3•) White Non -Latin Haloes
other Haloes
S.) Ulack Noll -Latin peaaleet
6.) Latin reealent
7•) Mihite Nan -Latin pewalee t_
t t+
Q) Miser yema19a
�1
Number of Applleante Referred by city of Hlami b+
Neighborhoude.Jobs frograwl
• 1.) Black Noss -Latin Maleet
2.). satin "less ,
N
}' 2•) White Nott—Latin Haloes
a
d.) Other Malea t
4'.
5.) black Non -Latin Pawalees
b.) Latinyeealee t b k "
Ha��
�.) will to
Nan'—t.akltt'pa�seiaa: j
+ntlter L�etrolae
{" x a
e.'F'9 -
�" yes) i►l lloant. iliredt a=. Y
' ) Nastie
20)
Ut �N.a
k Refii rya j t,
i �v YJY. #,+e lo- r'r✓es ...i, //� �{ ` u+ a ry A T :•rr"'t.3
ul } s, { r• _"r-c ��� �'' 4' � �� "4Re�z 7�9
r t
„6. t1AL EMPLOYM8NT _OPEONTUNITY CLAUSE FOR tONTRACTS
SUBJECT TO.EXECOME ORDER 11246, AS AMENDED
In carrying out this contract, the recipient and any
subcontractor shall not discriminate against any employee or
applicants for employment because of race, color, religion, sex or
national origin.
—.i
The recipient and Any subcontractor shall take affirmative
action' to insure that applicants for employment are employed, and
that employees are treated fairly during employment, without
—i
_!
regard to race, color, religion, sex or national origin. Such
action shall Include, but not be limited to, the following:
-
Employment, upgrading, demotion or•transfer, recruitment,
recruitment advertising, layoff or termination, rates of pay or
otter forms of compensation, and selection for training including
—
apprenticesh1 p. The recipient and any subcontractor shall post in
,,
a conspicuous place available' to employees and applicants for
',z'°
3� •
RX11 .5
HOUSING A COMMUNI` T UEYBLOPMLNTACT OF 1974, SECTION 110, TITLE . I
All laborers and mechanics employed by the recipient and
their contractor and subcontractors in the performance of
construction work.,finaneed in whole or part with federal funds
under this title shall pay wages at rates not less than those
prevailing on similar c:onaLruetion in the innality as determined
by the Secretary or Labor In accordance with Lhe Davis -Bacon Act,
as amended.
COPELAND ANTI-KICKNACK ACT
This Act prohibits the recipient, his contractors and
subcontractors from inducing by any means, any person employed in _
the project to give up any part or the compensation to which they Y
are otherwise entitled. The recipient shall make this provision a
part of any and all contracts with such contractors and
4 —
subcontractors.
All persons employed shall be paid unconditionally and not i-
less often than once a week and without subsequent deduction or �F`=
rebate of any account except "permissible" salary deductions$,
+ They shall'receive a wage not less than that contained in the wage°
determination wade b the Secretary of Labor attached hereto and
Y Y
made a part hereof.
w
CONTRACT WORK 11OURS AND SAFETY STANDARDS ACT j
x
The recipient and his contractor and subcontractors shall
compensate laborers or mechanics for overtime.
Laborers and mechanics shall be compensated .for, hours in
excess of eight hours per calendar. day or in 'excess of forty hours;"
per week at not less than one and one-half the basis rate*
,A LEAD-
' BASED PAINT HAZARD ACT
The recipient. agreies that no lead -based paint
subAtanoes eoOtaining lead 'ahs31 be used in ,: any part off' I�tia
rOp �e'Q ♦ d f ra
-
y
_. i j
�`'7 i�-� ( I -i 1 I �1. N YYi �'Fi i•��RF��f.fi —
H�=='� asp '�'��}�t ;="• ,at'..r _ - ,,-��f,`�a '}�
d� x
EXHIBIT con'ti
FLOOD_DISASTER PROTECTION ACT 1g73
The. recipient. shall use no portion of this assistance for
the acquisition or construct on in areas identified as having
special flood hazards, unless' provisions have been made for the
transferee and his successors pr assignees to obtain and maintain#
during the ownership of such land, •• ouch d'lood insurance ' 4W
required under this Act.
CLEAN AIRt, AS AMENDED: THE FEDERAL WATER POLLUTION ACT, AS AMENDED
The recipient shall see that no facilities listed on the
BRA list of violating facilities will be utilized.
The recipient shall comply with Section 14 of the Clean
Air Act, as amended, relating to inspection, monitoring, entry,
reports and all information.
The recipient shall' include ail of the above provisions
and shall take such action as a means of enforcing such provisions
In all subcontracts.
SUBCONTRACTS BY RECIPIENT
Any and all contracts entered; into by the recipientshall
and will contain all of the requirements as stated in this
attachment and the contract of which this'is attached and made a
part of.
The recipient will not have the authority or ability to
waiver or alter any of the requirements set forth in this contract
or in any subcontracts made by the recipient.
a
t
ry '
r
t `
i t
a
is
3
-
�';
VNIX
PY
wr% I
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
DATE : FILE
To: Honorable Mayor and Members MAY - L 1909
of the City Commission SUBJECT :
Proposed Resolution
Pertaining to the
FROM
REFERENCES CHA IKEN Corporation
Cesar H. Odio ENCLOSURES: Commission Agenda Item
City Manager May 11, 1989
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt the'
attached: resolution providing $1 5004000-in Community,'Development
Bl ock Grant Fl oat: Funds, for the, renovati on- of a ' bui Tdi ng I ocated: ,in the Edi son/Li ttl a Ri ver. Nei ghborhood ''target 'area and " the fiT-
_.estab.l.ishment of a non-profit vocational school fo'r- area.
o residents.-
BACKGROUND:
The Department of Community Development has analyzed the need to
enter into an agreement with the CHAIKEN Corporationfor the s.jr
purpose, of renovating a building located at 7321 N.E. 2nd Avenue
and. establishing a non-profit vocational school for area
residents. The renovated facility will benefit residents of the,
community and serve to improve the neighborhood and the S.11 <;
revitalization efforts.
The City will provide one million -.five hundred thousand dollars
($1, 500, 000) in a form. of a loan from the Community Devel opment
Block -.-,.,.Grant Float Loan .Fund for aTItWo (2)year. pe'ri"oda<at etwo Fzr
percent •: ( 2%) interest. The . C.iay wi 11 hold; an 'irrevocable •.and �
unconditional letter of credit for the same. This " loan' is .made
utilaz:r�g'federal funds. and; as -:such-; is subject` tote.=all #ederal{
Xegula,tions. ;r q
Atta haeat:r, _ P� r ' '' fi ,,,•- -'KF
R$solutiron J
r� �
13
y au• t,
�i� d"39fr* �..
� k s _x. � ' .n; t"'y Y �r < , tR i i , .}.2, y. ,.,,5 , '� f x� �.'�'�'qr' 4,ax"y�.S k �. ,�`,'. • k -
r~x n krr' a S r t;'_,t � t s. ''� x >•.. a� ; zsr- _-