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Home My WebLink AboutR-89-0228J-89-207 2/23/89 RESOLUTION NO. 89-226 � A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL CONTRACTUAL AGREEMENTS WITH NINE (9) NEIGHBORHOOD ECONOMIC 1 DEVELOPMENT ORGANIZATIONS IN SUBSTANTIALLY ;, THE FORM ATTACHED HERETO, UP TO THE AMOUNTS , SPECIFIED FOR EACH, FOR THE PURPOSE OF IMPLEMENTING A COMMERCIAL FACADE TREATMENT PROGRAM; FUNDS ARE ALLOCATED FROM THE FOURTEENTH (14TH) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUND IN THE AMOUNT OF $162,400 DOLLARS. r x_ s� WHEREAS, this program was approved in the Fourteenth (14th) Year Community Development Block Grant Application by Resolution No. 88-384; and WHEREAS, funds are allocated from the Fourteenth (14th) Year Community Development Block Grant Fund up to the amount a specified, for the nine (9) corporation listed below; and WHEREAS, the proposed Commercial Facade Treatment Program is a component of the Comprehensive Citywide Commercial Rehabilitation Assistance Facade Treatment Program; and WHEREAS, the proposed Commercial Facade Treatment Program will be implemented within the specified boundaries of the target area of each Community Based Organization; and t WHEREAS; the eligibility for assistance will be based on a 70% - 30% match, City and property owner respectfully, for " businesses located within the specified area boundaries; and +T, WHEREAS, the maximum amount allocated per business address is $1 0 400; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE Ty . OF MIAMI, FLORIDA: ` Section 1. $162,400 of Fourteenth (14th) Year Community.. 4 Development Block Grant Funds are hereby allocated to Community Based Organizations, as listed below, up to the amounts, specified for each, for the purpose of assisting in'the , kn coordination and implementation of a compre ,. facads exterior rehabilitation program. �►lEEZ'�TG MAR t� ATT OHM�Ts �soUnon No, '.ti s Section 2. The City Manager is hereby authorized to enter into an a rmin ment It to the amounts specified for a period of one year with said Community Based Organization as follows: Section 3. This Resolution shall become effective immediately upon its adoption pursuant to law. CBO TARGET AREA AMOUNT BUSINESSES Allapattah Business Development Allapattah $25,200 18 Authority, Inc. Coconut Grove Local Development Coconut Grove 119200 8 Corporation, Inc. Downtown Miami Business Downtown 89400 6 - i Association, Inc. Greater Biscayne Boulevard Edison/Little 9,800 7 Chamber of Commerce, Inc. River Haitian Task Force, Inc. Little Haiti 60,2OO 43 Little Havana Development Latin Quarter 11,200 8 Authority, Inc. St. John Community Development Overtown 79000 7 Corporation, Inc. Tacoley Economic Development Model City 259200 18 Corporation, Inc. New Washington Heights Overtown 49200 3 Conference, Inc. F' C Z; f •5.t 5. k r t c r rim" pyi rl _ x 1989. PASSED AND ADOPTED this 3rd day o, _March XAVIER L.JSUA ATTEST: MATTY IRAI CITY CLERK COMMUNITY DEVELOPMENT REVIEW AND APPROVAL: w rv■ A STANEDA, DIREC OR DEPARTMENT OF COMHUNIAY DEVELOPMENT FINANCE DEPARTMENT REVIEW AND APPROVAL: sj CATLMGARCIA, DIRECTOR ` {' DEPAftAENT OF FINANCE c Y C1 MANAGEMENT & BUDGET REVIEW AND APPROVAL: t{ x` NANO R SU NA , DIRECTOR MENT OF MANAGEMENT & BUDGET . DEPA 5 PREPARED AND APPROVED BY: i ROBERT F. CLARK CHIEF DEPUTY CITY ATTORNEY - w APPROVED AS TO FORM AND CORRECTNESS: f- .( 5 i JOR "FERN CITY ATTORNEY s 7. _tom .: rT tfit,.fy- -3 Y F - t � - +k''��..lYy+M}�,`�LA.+t?'�PS Av.4^t. SJi1�C �r9YiC' h'Cr 1F.Y1's`^• 4',f- §1/+k±=4' i t �}vs LLSY�.biF .a.. h.»c? •••VSYIItl`C .. .. .. � s-....v��r1-yvw''r4.9kk i�rst�++.�i`e�'eCew+�t•. CITY OF MIAM19 FLORIDA COMMERCIAL FACADE TREATMENT PROGRAM AGREEMENT ALLPATTAH BUSINESS -DEVELOPMENT _AUTHORITY, ... INC_.. This Agreement entered into this day Of 19 , by and between the City of Miami, a municipal corporation of Dade County, Florida, hereinafter referred to as "CITY", and the ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC. a not -for -profit corporation of the - State of Florida, hereinafter referred to as "CONTRACTOR". • a RECITAL - WHEREAS, the Commercial Facade Treatment Program is a — component of a Comprehensive Citywide Commercial Rehabilitation Assistance Facade Treatment Program; and WHEREAS, this program was approved in the Fourteenth (14th) Year Community Development Block Grant Application by Resolution — No. 88-384; and WHEREAS, the City Commission passed Resolution No. 88-502 is authorizing the City Manager to execute a contractual agreement with the CONTRACTOR; and 1` WHEREAS, the CONTRACTOR has been allocated twenty-five thousand two hundred dollars ($25,200) for the ALLAPATTAH target r, area; and ■}t�� WHEREAS, the eligibility for assistance will. be for-. those businesses located within the specified target area boundaries-,—as,{k outlined in the Policies and :Procedures Manual; NOW, THEREFORE, in consideration of the promises and t mutual covenants and obligations:;herein,=contained, and:.subject;;to z `, the terms and conditions hereinafter stated the parties.;hereit .r'. understand and agree as. s g frllA�ts:, {{e a4 7 x z ,y,,.�ank-nxu.a.4o-akt�'�NBYWaelWw+xHfwilci.9AaFNd.•5 I fiBRM: The term of this Agreement shall commence on December__1, 1988 and terminate ,tune 30, 1989. Upon termination of this Agreement, the CONTRACTOR agrees and understands that the CITY has no obligation to renew this Agreement. tI - SCOPE OF SBRVICBS: CONTRACTOR'S scope of services will include: 1. The CONTRACTOR agrees to carry out the project in a i lawful, satisfactory and proper manner, in accordance with the written policies and procedures, and requirements as prescribed in this Agreement, as set -i forth by the City of Miami's Department of Community Development (DCD). 2. The CONTRACTOR will notify target area property owners 1 ij and/or merchants of the commercial rehabilitation program. develop a priority list of buildings to' be - -! painted, and identify local paint contractors.` This to it information must be forwarded to the Department of Community Development prior to any work'' commencing: fill, the 'target area. j 3. The CONTRACTOR will enter into a commercial facade rehabilitation agreement with the property owner and/or rf merchant to provide commercial rehabilitation assistance within the identified target area and boundaries. {4 4. The CONTRACTOR will approve all invoice submitted by the ,i general contractor and submit a request for payment from' the Department of Community Development for the CitV13 d4 M required seventy percent (70%) match amount within five (5) days of awarding contract and receiving the p`oper,y r� owners`thirty percent (30%). 5. The CONTRACTOR will form a beautification comm itte`e 'that,k ` consists of staff from the City of Miaiai''s Departnisnt of f 'Community Development, Planning '.and Code Enfo'rFsmeai. yK; -2 . r The function of this committee will be to approve color and design schemes for the area as well as identify those properties that are in violation of zoning requirements. 6. The CONTRACTOR shall advise the general contractor in writing that his/her bid on the proposed work has been accepted and the date in which work can commence. Also, the contractor will provide the general contractor with a copy of the City's paint specification and guidelines. 7. The CONTRACTOR shall obtain, upon completion of the property being rehabilitated a Certification and i Acceptance of Work, properly signed by: a) Property owner and/or merchant b) Community Development Department Representative c) Planning Department Representative and d) CBO representative S. The Policies and Procedure's manual, as attached herein, shall serve as working document (guideline) for each t Community Based Organization (CBO) implementing and/or y administering the commercial facade exterior., y rehabilitation program. ; 9. The CONTRACTOR will be required to open and maintain a separate checking account for the duration of this i contractual agreement. I' 10. The CONTRACTOR will be required to attend the monthly �S commercial facade meetings held by Community Development. The target area beautification committee will meet the second Wednesday of each month at 11:00 a.m., in the Planning Department's Conference Room on �rI the third floor of the City of Miami Administration Building, 275 N.W. Second Street. It. Community Development will monitor the fiscal and programmatic operations of the Commercial RehabilitatiQgnzi� € program every quarter beginning. The contractor will be_ required to make available all financial records as well as operational documents. Said right shall exist durcing_ t w 3 w K y_ e. 1 i s1 .z li the period of this Agreement and for a period of two (2) years following the date of contract termination. 12. The CONTRACTOR is required to execute this Agreement within sixty (60) days of receipt from the Department of Community Development. Failure to do so will be cause to deny contract execution with said CBO. 13. The following services will be allowed under the 7 auspices of the Commercial Facade Exterior Rehabilitation Program: a) Painting (include pressure cleaning, caulking, etc.) b) Signage, canopies, awnings c) Doors, windows, shrubbery, landscaping III 4 COMPENSATION: A. CITY shall pay CONTRACTOR, as maximum compensation for the services required pursuant to Paragraph II hereof, I: the amount of twenty-five thousand two hundred dollars ($25,200)• 4 a B. Such compensation shall be paid on the following basis: For the services provided -under Section II, the total x budget amount for the CONTRACTOR is twenty-five thousand " _j two hundred dollars ($25,200). Unless prior approvals t obtained in writing from Community Development, in 'no - l :I event shall the CONTRACTOR expend more than twenty-five �E thousand two hundred dollars ($25,200) in the approved target area. It is understood that the CONTRACTOR will 2 enter into a commercial rehabilitation agreement with t ;j the property owners and/or merchants to provide services within the constraints of the budget. The twenty-five thousand two hundred dollars ($25,200) budget will bey matched thirty percent (30%) by participating property ,. s owner/merchant which will be paid by .check 'only-* maximum amount to be expended p per business address,,, two thousand dollars ($1,400). No funds -allocated under,, hr this Agreement shall go toward administrative cosh. k 4- Upon execution of the Agreement between the CONTRACTOR and the property owner and/or merchant, the 30% matching requirement will be due. Once the property owner and/or merchant and CONTRACTOR approve the completed work, the CONTRACTOR will release payment to the general contractor within ten (10) working days. The City shall have the right to review and audit the time records and related records of the CONTRACTOR pertaining to any payments made by the CITY. IV COMPLIANCE WITR FEDERAL AND LOCAL LAWS: Both parties shall comply with all applicable laws, ordinances and codes of Federal State and local governments* o j GENERAL CONDITIONS: I A. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing 1 tf and shall be delivered bq personal service, or by registered 'mail addressed to the party at the address 3; .indicated herein or as the same may be changed from' y time to' time. Such notice shall be deemed given on the day on which personally served;or, if by mail, on- the �7 J fifth day after being posted or the date of actual ij receipt, whichever is earlier. 1. CITY OF MIAMI CONTRACTORS s DEPARTMENT OF COMMUNITY ALLAPATTAH BUSINESS DEVELOPMEMT DEVELOPMENT AUTHORITY, INC. 1145 N.W. 11th Street 2515 N.W. 20th Street, Suite 2A Miami, Florida 33135 Miami, Florida 33142 B. Title and paragraph headings are foreiconvenieat' y = - reference and are not a part of this Agreement: C. In the event` of, conflict ''between the terms'-'' of tti's�': _ - Agreement and aay� terms or conditions, contained i'n 8iny x " 'Shadocuments,the terms atnattached i d �' 'ta rule. 4 Z -f i nJ r t .. i- 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, i 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 i 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 — f' effect. _ 1 vI OWNERSHIP OF DOCUMENTS: All documents developed by CONTRACTOR under this Agreement shall be delivered to CITY by said CONTRACTOR upon completion of _ y the services required pursuant to Paragraph II hereof and shall . 1 #' become the property of the CITY, without restriction or ` �j limitation on its use. CONTRACTOR agrees that all documents �y maintained and generated pursuant to this contractual relationship between the CITY and CONTRACTOR shall be subject to } { all provisions of the Public Records Law, Chapter 119, Florida . a ti Statues. ■ It is further understood b an between the Y Parties that any Y 4 I information, writings, map contract documents, reports or. any ' other matter whatsoever which is given by the CITY to the. a CONTRACTOR pursuant to this Agreement shall at all times remain the of the CITY be by CONTRACTOR rqr tir° property and shall not used any. other. purposes whatsoever without the written 'consent,:,p.� CITY. J fi ,y Y - Rt d�tZ is t F i < 3 tii P.. s•'e e'-zr`_''4,d..,`i+irt? `;;` r III 1lO111��L$�ASILiTY: , That the obligations undertaken by CONTRACTOR pursuant to this Agreement shall not be delegated or assigned to any other person or firm unless CITY shall first consent in writing to the performance or assignment of such service or any part thereof by Another person or firm. Vill AUDIT RIGHTS: 1 CITY reserves the right to audit the records of CONTRACTOR at any time during the performance of this Agreement and for a —4 period of one year after final payment is made under this Agreement. The CITY's Internal Audits Department will audit all CONTRACTORS receiving fifteen thousand dollars ($15,000) or'more. IZ: AWARD OF AGREEMENT: €a The CONTRACTOR warrants that it has not employed or retained r _ r9 I any person employed by the CITY to solicit or secure this r Agreement 'and' that it has not offered to pay, paid, or agreed to < r; s pay any person employed by the CITY any fee, commission, F' resulting from the award of this Agreement. g 3 r�' i ¢Y 3 _ 4 CONSTRUCTION OF AGREEMENT: r' This Agreement shall be construed and enforced according to ,i _ the laws of the State of Florida. f' t j} 41 SUCCESSORS AND ASSIGNS: � r This Agreement shall be binding upon the parties herela, s, a their heirs, ''executors, legal representatives, successor's-, aji a >� r assigns. r � .� .. ' r x� , -_x�44x,.� }'. ;.t_,;,z-' L�.....e... -'•' ..c' ,. ..,,:'' ..,.. .'t' J ,�•,;'tx'� ✓s '�Cr J.tr^� tC &�hr�^i'� n L� .ad" 1S_,. tWUN lIIFICATION: The CONTRACTOR shall indemnify and save CITY harmless from and against any and all claims, liabilities, losses and causes of action which may arise out of CONTRACTOR'S activities under this Agreement, including all other acts or omissions to act on the part of CONTRACTOR'S, including any person acting for or on its behalf, and, from and against any orders, judgements, or decrees which may be entered and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. CONFLICT OF INTRRRST: The CONTRACTOR 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 Section 2-11.1) and the State of l Florida, and, agrees that it will fully comply in all respects with.the terms of said laws. The CONTRACTOR covenants that no person under its employ who ,# presently exercises any functions or responsibilities ,in connection with this Agreement has any personal financial I= f ? interests, direct or indirect, in this Agreement. The CONTRACTOR" f` further covenants that, in the performance of this Agreement, no 1 person having such conflicting interest shall be employed. Any i� �I4 such interests on the part of the CONTRACTOR or its employee, " must be disclosed in writing to the CITY. The CONTRACTOR, in the cs t performance of this Agreement, shall be subject to the more restrict law- and/or guidelines regarding conflict of interest promulgated by federal, state or local governments. 1s - 1XV _{Y INDEPENDENT CONTRACTOR: ;x The CONTRACTOR and its employees and agents shall be dcemed ,j to be independent contractors, and not agents or employees... CITY, and shall not attain any rights or benefits uuder' the CiYi fi x f y1y9 w Y Service or Pension Ordinances of the CITY, or any generally afforded classified or unclassified employees; further he/she shall not be deemed entitled to the Florida Vorkers` Compensation benefits as an employee of the CITY. aV TSIMINATIOA OF CONTRACT: CITY retains the right to terminate this Agreement at any ' time prior to the completion of the services required pursuant to Paragraph II hereof without penalty to the CITY. In that event, a sixty (60) day notice of termination of this Agreement shall be in writing to the CONTRACTOR, who shall be paid for those services performed prior to the sixth (60th) day after its receipt of the notice of termination. In no case, however, will CITY pay the CONTRACTOR an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the CITY and the CONTRACTOR that any payments made in accordance with this 'See i'on to the CONTRACTOR shall be made only if said CONTRACTOR is' not in default under the terms of this Agreement. If the CONTRACTOR is I {_. in default, then the CITY shall in no way be obligated and shall not pay to the CONTRACTOR any sum whatsoever. 1 i XVI HOW ' NOND19CRININATION: The CONTRACTOR as to agrees that it shall not discriminate 0 race, sex, color, creed, national origin or handicap in connection with its performance under this Agreement. y Furthermore that no otherwise qualified individual shall, ` f solely by reason of his/her race, sex, color, creed; national4 origin, or'han'dic'ap, be excluded from the 'articipaEioa `im, , denied benefits` of, or be subjected to discrimination under. and► 4;� . " program or activity receiving federal financial assistance. r i 3 _ - .. ..-, ..,: �.•, urn.. a.,n+*r2tw ...n.., 4r'.:ia:+.'ar - XVii MINORITY -PROCUREMENT _COtSp4IANCB The CONTRACTOR acknowledges that is has been furnished a - copy of Ordinance No. 9775, the Minority Procurement Ordinance of. , the City of Miami, and agrees to comply with all applicable substantive and procedural provision therein, including any amendments thereto. i ZVIII — CONTINGENCY FUND: ,r 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. ZI7[ 3. — DEFAULT PROVISION: In the event that the CONTRACTOR shall fail to comply with j each and every term and condition of this Agreement or fails -to rt, -I perform any of the terms and conditions contained herein,- then CITY, at its sole option, upon written notice to the CONTRACTOR,. may cancel' and terminate this Agreement, and all payments, advances, or other compensation paid the, CONTRACTOR. by CITY .to t _. i while the CONTRACTOR was in default of, the provis_ions,,herein. � contained, shall be forthwith returned to .CITY. xx`Il + BONDING AND INSURANCE: a) During the.term.of this Agreement, the CONTRACTOR. shall maintain bonding and insurance coverage in amounts .as` f ' determined by the Risk Management Division of, the CITY.x Whenever applicable, the CITY shall be named as an ' additional insured.t. b) The CONTRACTOR , shall furnishcertificatgs of. inaurAn, oa and bonding, as required, to the CITX: prior Leo commencing any activities under' this Agreement;. l..Xk t j ' S,�%tY.i s.y b 7.*� a N '• �. }_ �t S � k4 .., i.. f .i'c! . , I'-;: J • a .:- •'�. Y-.... ,. ...t: ix�{+.:. �� „'f...It�f.r3.]'_4�� {F.�D§ . 9Q:, I t a.. s.. sn•. FH. t,--+MaAw.n."GtiPhn"4`.y'""nc4+x.�e!.. - — X1 1 ASSVRANCNS AND CZRTIPICATIONS: The CONTRACTOR assures and certifies that: a) All expenditures of funds will be made in accordance with the stated budget allocation as approved by the City Commission. b) CITY funds will not be co -mingled with any other funds and that separate bank accounts and accounting records will be maintained. `r 4 c) The expenditures of CITY funds will be properly documented and such documentation will be maintained. d) Periodic progress reports as requested by the CITY will E be provided. e) The CONTRACTOR will be personally liable for any CITY ' funds expended that were not consistent with the program s approved by the City Commission or any funds expended ' i not in accordance with proper accounting standards as determined by competent auditing authority. t: f) No activity under this Agreement shall involve political y: activities. g) The CONTRACTOR possesses legal authority to enter into ,�: this Agreement; a resolution, motion or similar action r' has been duly adopted or passed as an official actof the CONTRACTOR'S governing body, authorizing_ the s execution of this Agreement, including all ; 3. understandings the person identified as the official representative of the CONTRACTOR to act in connection with the CONTRACTOR and to provide such additional information as may be required. `t X111 { - f 1 AMSNDMSN?S: a . - g} No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. 115 A 1 1 E t S� nit 9.E_ RNTI11 ACR93HENTS: This instrument and its attachments constitute the sole and only agreement of the parties hereto relating to said grant and correctly set 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. V, IN NITNESS BHERROF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized on the first date above written. i ATTEST: CITY OF MIAMI, a Municipal Corporation of the State of Florida ? BY: t i; MATTY HIRAI CESAR H. ODIO CITY CLERK CITY MANAGER r _ ATTEST: CONTRACTOR: ' r: zou z: art rdq j : r J j; +' RPO ATE SECRETARY D PRESIDENT wt ` SEAL APPROVED AS TO FORM AND CORRECTNESS: S f JORGE L. FERNANDEZ CITY ATTORNEY I'll i. - - • fly F 4.K 1 APPROVED AS TO INSURANCE REQUIREMENTS: INSURANCE MANAGER 1 Y 4a { Y. 1 Z� t - ,' � 7Y•tN. Z,y�i-+YN^1� iY f_ l z C- . ..' ,I e _.. d f':• . -->c1'i} - k. .7,,.�YL t�iF.2lY.' yAF CORPORATE RESOLUTION arr v CITY OF MIAMI, FLORIDA COMMERCIAL FACADE 'TREATMENT PROGRAM AGREEMENT COCONUT GROVE LOCAL DEVELOPMENT CORPORATION, INC.. (CGLDC) i i ;t This Agreement entered into this day of 19, by and between the City of Miami, a municipal corporation of Dade County, Florida, hereinafter referred to as "CITY", and the COCONUT GROVE LOCAL DEVELOPMENT CORPORATION, INC. CGLDC) a not -for -profit corporation of the State of Florida, hereinafter referred to as "CONTRACTOR". RECITAL WHEREAS, the Commercial Facade Treatment Program is a component of a Comprehensive Citywide Commercial Rehabilitation Assistance Facade Treatment Program; and i WHEREAS, this program was approved in the Fourteenth (14th) Year Community Development Block Grant Application by Resolution No. 88-384; and WHEREAS, the City Commission passed Resolution No. 88-502. authorizing the City Manager to execute a contractual agreement with the CONTRACTOR; and WHEREAS, the CONTRACTOR has been allocated eleven thousand two hundred dollars ($11,200) for the COCONUT GROVE target area'; and i i = WHEREAS, the eligibility for assistance will be for those . businesses located within the 'specified target area boundaries'as outlined in the Policies and Procedures Manual;"' y L t'Yl.a fi Sty_ NOW, ° THEREFORE, in consideration of the p rom is es . and he r mutual covenants and obligations herein contained-', and subjectt�, the terms and conditions hereinafter :stated,;. --the pat.e'��y_ f •}�f understand and agree as .,a dFX;y4Ytt — 1988 and terminate June 30, 1989. Upon termination of this Agreement, the CONTRACTOR agrees and understands that has no obligation to renew this Agreement. It SCOPE OF SERVICES: CONTRACTOR'S scope of services will include: the CITY 1. The CONTRACTOR agrees to carry out the project in a .t lawful, satisfactory and proper manner, in accordance ? with the written policies and procedures, and requirements as prescribed in this Agreement, as set _f forth by the City of Miami's Department of Community Development (DCD). k 2. The CONTRACTOR will notify target area property owners and/or merchants of the commercial rehabilitation program, develop a priority list of buildings to be ;$ .. - •rya painted, and identify local paint contractors. This information must be forwarded to the Department of Community Development prior to any work commencing in,. the target area.z C 3. The CONTRACTOR will enter into a commercial facade rehabilitation agreement with the property owner and/or merchant to provide commercial rehabilitation assistance. within the identified target area and boundaries. 4. The CONTRACTOR will approve all invoice submitted by the lzw general contractor and submit a request for payment from Fri t ors the Department of Community. Development for the-: City, required seventy percent (70X) match amount within five r (5) days of awarding contract and receiving the p.roPer'Gy�,r owners thirty percent (30X),f 5. The CONTRACTOR will forma beautification,c4mmittee Chet i consists of staff from the City of ami's D,spartx:�nt'Qr i. t Community Development,. .Planning'. and Code 1:nforfi's�n"�.. t - �z7 The function of this committee will be to approve color and design schemes for the area as well as identify those properties that are. in violation of zoning requirements. 6. The CONTRACTOR shall advise the general contractor in writing that his/her bid on the proposed work has been accepted and the date in which work can commence. Also, Al the contractor will provide the general contractor with a copy of the City's paint specification and guidelines. { 7. The CONTRACTOR shall obtain, upon completion of the property being rehabilitated a Certification and Acceptance of Work, properly signed by: a) Property owner and/or merchant b) Community Development Department Representative i c) Planning Department Representative and '- -f d) CBO representative 8. The Policies and Procedure's manual, as attached herein, shall serve as working document (guideline) for each Community Based Organization (CBO) implementing and/or administering the commercial facade exterior s ,< rehabilitation program. 9. The CONTRACTOR will be required to open and maintain a. separate checking account for the duration of this =� contractual agreement. 10. The CONTRACTOR will be required to attend the monthly commercial facade meetings held by Community Development. The target area beautification committee will meet the second Wednesday of each month at 11:00 �# a.m. , in the Planning Department's; Conference Room on ' . .r1 the third floor of the City of Miami Administration , A _ Building, 275 N.W. Second Street. „3 11. Community Development will monitor the fiscal an'd programmatic operations of the Commercial RehabiIitat�o.n tf program every quarter beginning. The contractor wit 1b t,, ,}4 required to make available all financial records as C sV i+S as operational documents. Said right shall exist dutiA 'F�trz. r F �wt id the period of this Agreement and for a period of two (2) years following the date of contract termination. 12. The CONTRACTOR is required to execute this Agreement within sixty (60) days of receipt from the Department of Community Development. Failure to do so will be cause to deny contract execution with said CBO. I 13• The following services will be allowed under the — auspices of the Commercial Facade Exterior Rehabilitation Program: a) Painting (include pressure cleaning, caulking, etc.) s j b) Signage, canopies, awnings c) Doors, windows, shrubbery, landscaping III — COMPENSATION: A. CITY shall pay CONTRACTOR, as maximum compensation for the services required pursuant to Paragraph II hereof, the amount of eleven thousand two hundred dollars ($11,200). B. Such compensation shall be paid on the following basis: For the services provided under Section II, the total budget amount for the CONTRACTOR is eleven thousand two. 4> hundred dollars ($11,200),. Unless prior approval is �y obtained in writing from Community Development, in' no event shall the CONTRACTOR expend more than eleven thousand two hundred dollars ($11,200) 1n the approved - target area. It is understood that the CONTRACTOR will ' enter into a commercial rehabilitation agreement with, the property owners and/or merchants to:;provide3.services within the constraints of the budget. The eleven = thousand two hundred dollars ($11,200) budget will. y matched thirty percent (30%) by participating property ; } owner/merchant which will be paid by check only. ThQ ; maximum amount to be expended per business address is ' two thousand dollars ($1,400).No funds allocated under t�Alyd this Agreement shall go toward administrative cost. ztrx i, 3 d "F N r.4sk-nls)s-,3 ems' j:y _ and the property owner and/or merchant, the 30% matching requirement will be due. Once the property owner and/or merchant and CONTRACTOR approve the completed work, the CONTRACTOR will release payment to the general contractor Within ten (10) working days. The City shall have the right to review and audit the time records and related records of the CONTRACTOR pertaining to any payments made by the CITY. IV COMPLIANCE WITH FEDERAL AND LOCAL LAWS: Both parties shall comply with all applicable laws, ordinances and codes of Federal State and local governments. o GENERAL CONDITIONS: t A. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or b' registered mail addressed to the party 'at the address indicated herein or as the same may be changed '-from - time to time. Such notice shall be deemed given on the day on which personally served; or, if by mail,on• the fifth day after being posted or the date of actual receipt, whichever is earlier. - CITY OF MIAMI CONTRACTOR: DEPARTMENT OF COMMUNITY COCONUT GROVE LOCAL DEVELOPMEMT:�.,:-- DEVELOPMENT CORPORATION, INC. _ 1145 N.W. 11th Street 3582 Grand Avenue Miami, Florida 33135 Miami, Florida 33133 f°k 1'J B. Title and paragraph headings are for convenient, {y reference and are not a part of this'Agreement,' � F �r 3 � C." 'In the event of conflict between the terms` of t:tiis :5= Agreement and any terms or conditions conta'ined-= in"- any r attached documents, the terms of this `Agreement sh$Il Q� rule. t G _ F4i,'= D. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of _j 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 _4 of Florida or the City of Miami, such provisions, i paragraphs, sentences, words or phrases shall be deemed _ modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severable, and in either event, the remaining terms and provisions of this i Agreement shall remain unmodified and in full force and effect. 1 — ; VI OWNERSHIP OF DOCUMENTS: _i All documents developed by CONTRACTOR under this Agreement 3° shall be delivered to CITY by said CONTRACTOR upon completion -of the services required pursuant to Paragraph II hereof and _ t become the property of the — CITY, without restriction or limitation on its use. CONTRACTOR agrees that all documents` i maintained and generated pursuant to this contractual`" relationship between the CITY and CONTRACTOR shall be subject to " all provisions of the Public Records Law, Chapter 119, Florida Statues. It is further understood by an between the parties.that any, information, writings, map contract documents, reports or any `- other matter whatsoever which is given by the CITY to the ° CONTRACTOR pursuant:. to this Agreement shall at all times remain S the property of the CITY and shall not be ,used by,, vCON�RACTQR fat E any. other purposes .whatsoever -: 1thout,.; tha. .wri teA, F4t�8ent,��f CITY.- rw E x d ,p �t i .Ya i VII That the obligations undertaken by CONTRACTORt pursuant to this Agreement shall not be delegated or assigned to any other person or firm unless CITY shall first consent in writing to the - performance or assignment of such service or any part thereof by r 1+� another person or firm. Vill AUDIT RIGRTS: CITY reserves the right to audit the records of CONTRACTOR at any time during the performance of this Agreement and for a period of one year after final payment is made under this — Agreement. ! The CITY's Internal Audits Department will audit all —i CONTRACTORS receiving fifteen thousand dollars ($15;000) or more. IZ AQARD OF AGREEMENT: ;1 i The CONTRACTOR warrants that it has not employed or"reta'ined any person employed by the CITY to solicit or secure'`this z - Agreement and that it has not offered to pay, paid, or agreed to' pay any person employed by the CITY any fee, commission, Y: - — s, resulting from the award of this Agreement.WWWW , R - CONSTRUCTION OF AGREEMENT: This Agreement shall be` construed and enforced according' to ,t , the laws of the State of Florida. . t A� XT SUCCESSORS AND ASSIGNS:r .,,;This >'Agreement':shall be binding upon the parties here.t►�> their heirs, executors,' legal - representatives, sueeasari �apd assigns. j,L'�n3:yles�' aiI i i�toaxxrtcAt�oN: ' The CONTRACTOR shall indemnify and save CITY harmless trots and against any and all claims liabilities, losses and causes of action which may arise out of CONTRACTOR'S activities under this _ including all other acts or omissions to act on thek; + Agreement, I[ -t part of CONTRACTOR'S, including any person acting for or on its z behalf, and, from and against any orders, judgements, or decrees 4: which may be entered and from and against all costs, attorneys h+- and liabilities incurred in the defense of any rf: fees, expenses such claims, or in the investigation thereof. — i ZIII CONFLICT OF INTEREST: - The CONTRACTOR 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 Section 2-11.1) and the State of Florida, and. agrees that it will fully comply in all respects with the terms of said laws. The CONTRACTOR covenants that no person under its employ who presently exercises any functions or responsibilities connection with this Agreement has any personal financial; interests, direct or indirect, in this Agreement. The CONTRACTOR' �,. —' further covenants that, in the performance of this Agreement, no W: having - such conflicting interest shall be employed. Any �. person such interests on the part of the CONTRACTOR or its employee, must be disclosed in writing to the CITY. The CONTRACTOR, is the =a. performance of this Agreement, shall be subject to the more restrict law end/or guidelines regarding conflict ofinterest; promulgated by federal, state or local -governments.' INDEPSNORST CONTRACTOR:, s The CONTRACTOR and its employees and agents shall be s}n4e�44"f off' } to be independent contractors,,and not agents or emplopaS Ex CITY, and shall not attain any rights or benefits under14Y't{"' ! _- } t .t Service or Pension Ordinances of the CITY, or any rights generally afforded classified or unclassified employees; further he/she shall not be deemed entitled to the Florida Workers' Compensation benefits as an employee of the CITY. aV I TERMINATION OF CONTRACT: CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to s Paragraph II hereof without penalty to the CITY. In that event, -I a sixty (60) day notice of termination of this Agreement shall be in writing to the CONTRACTOR, who shall be paid for those 4 services performed prior to the sixth (60th) day after its receipt of the notice of termination. In no case, however, will CITY pay the CONTRACTOR an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the CITY and the CONTRACTOR that any payments made in accordance with this.Section to the CONTRACTOR shall be made only if said CONTRACTOR is not in default under the terms of this Agreement. If the CONTRACTOR is in default, then the CITY shall in no way be obligated. and shall n not pay to the CONTRACTOR any sum whatsoever.- .r. RV I }s NONDISCRIMINATION: The CONTRACTOR agrees that it shall not discriminate as toI race, sex, color, creed, national origin or handicap in connection with its performance under this Agreement. Furthermore that no otherwise qualified individual; shall,! solely by reason of his/her. race,, sex, color.,, creed,,nationa]. origin, or handicap, be excluded. from the part icipation,An,-be � denied benefits of, or be subjected to discrimina,tion ,_Upder any program or activity receiving federal financial assistance.'1T4�§ f r � _ s a S,_ .Y. ti'�631W .J'•,'ZLP.'<.F�x�'.5..;jeu'firs°M1��' XVII lllliCl�fTT pRCCORBMi�1�? COM1�f.IA1fCE z ;' The CONTRACTOR acknowledges that is has been furnished a copy of Ordinance No. 9775, the Minority Procurement Ordinance of the City of Miami, and agrees to comply with all applicable l substantive and procedural provision therein, including any amendments thereto. i i ZVIII - i CONTINGENCY FUND: !i 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. XIZ DEFAULT PROVISION: — In the event that the CONTRACTOR 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 M. CITY, at its sole option, upon written notice to the CONTRACTOR_ may cancel and terminate this Agreement, and all payments, 1 advances, or other compensation paid to the CONTRACTOR by CITYr< i � while the CONTRACTOR was in default of the provisions hereto contained, shall be forthwith returned to CITY. - r as BONDING AND INSURANCE: a) During the term of this Agreement, the CONTRACTOR shall_ E• maintain bonding and insurance coverage in amounts determined by the Risk Management Division of''the CITX. L y9. Whenever applicable, the CITY shall be named:. as ,fins - addi'tioaal insured, b) The CONTRACTOR shall furnish ce`rt"ifiaates of;insurance} s'}, and bonding, as required, to the CITY pr.ox r xn commencing any activities under this Agreement. 4. t 4 4 _ NQ f rX4 -- :3 -t �d:wi 'i "r •�';Y. "f a. . J yl w„ .�..+-S'T.t-S�i ,-?r'tzj h+k� aaI ASSQitkNCSS AND CBSTIFICATIONS: The CONTRACTOR assures and certifies that: a) All expenditures of funds will be made in accordance with the stated budget allocation as approved by the City Commission. b) CITY funds will not be co -mingled with any other funds N i and that separate bank accounts and accounting records t� will be maintained. c) The expenditures of CITY funds will be properly 1� documented and such documentation will be maintained. d) Periodic progress reports as requested by the CITY will be provided.` e) The CONTRACTOR will be personally liable for any CITY j t funds expended that were not consistent with the program €i approved by the City Commission or any funds expended not in accordance with proper accounting standards as determined by competent auditing authority. f) No activity under this Agreement shall involve political f activities. t g) The CONTRACTOR possesses legal authority'. to enter into ? this 'Agreement; a resolution, motion or srimilar action has been duly adopted or passed' 'as an official act of s -, 3 the CONTRACTOR'S governing body, authorizing the >3+: u. execution of this Agreement, including all f understandings the person identified as the official representative of the CONTRACTOR to act in connection = with the CONTRACTOR and to provide such. additional information as may be required. .4 tir 4 ter, f AMENDMENTS. r` klhn� No amendments to this Agreement shall be binding on .eit#fir { party unless i'n writing and signed by both parties. a r y - ( '«)r x^ Y:i<l ./nf ,,.F.:v ,.4.. e. A,-��ad.. f...'.,l,S. ..•J'., r--..-z. r .�'n.,• ri.x ry.. di _kr•^>prx F,u4'L�"��r.+ ,! r E tll A41RS RSTS: This instrument and its attachments constitute the sole and only agreement of the parties hereto relating to said grant and correctly set forth the rights, duties, and obligations of each Y } to the other as of its date. Any prior agreements, promises, f negotiations, or representations not expressly set forth in this agreement are of no force or. effect. IN WITNISS WHERNOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto ji duly .authorized on the first date above written. ATTEST: CITY OF MIAMI, a Municipal: ;f Corporation of the State of Florida i BY: — MATTY HIRAI CESAR H. ODIO l CITY CLERK CITY:MANAGER j —� f ATTEST: CON RAC OR: 1 - ! -CORPORATE SECRETARY BOARD PRESIVENT SEAL t. APPROVED AS TO FORM AND CORRECTNESS: i JORGE L. FERNANDEZ CITY ATTORNEY j APPROVED AS TO INSURANCE REQUIREMENTS; f ' r ti INSURANCE MANAGER iF a � �f"'., .. ... .... •�� - .-.. ._ ,,, .. ... wH, ,..,, .� _ ..,. r.....-.�-.... �i5.i��.lmat.�+,1..��-f ri fI e��® CORPORATE RESOLUTION WHEREAS desires to enter into an agreement with the City of Miami; and •�+y,. WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the By -Laws - of the corporation; _ •J3 } NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that the president and secretary are hereby authorized and instructed to enter into a contract in the name and on behalf of this corporation with the City of Miami upon the terms•contained ; in the proposed contract to which this resolution is attached. ua DATED this r.- day of 1989. , — k +� — Cli-ATRPERSON THE NOARD OF D CTORS SECRETARY (SEAL) y 't a r t 3ti ZV •" .1 vl';"''_ - rrta}L jjf z 1 t CITY Or MIAMI, FLORIDA _ COMMBRCIAL FACADE TRIATMRMT PROGRAM AGRSEMMRMT t DOWNTOWN MIAMI SUSIXIS8 ASSOCIATION,._..IAC. (DMsA) This Agreement entered into this day of 19 by and between the City of Miami, a municipal corporation of Dade County, Florida, # 1 i' hereinafter referred to as "CITY", and the Company a not -for - profit corporation of the State of Florida, hereinafter referred I ,f -�. to as "CONTRACTOR". ' b RECITAL a i WHEREAS, the Commercial Facade Treatment Program is a component of a Comprehensive Citywide Commercial Rehabilitation x' Assistance Facade Treatment Program; and WHEREAS, this program was approved in the Fourteenth (14th),, Year Community Development Block Grant Application by Resolution No. 88-384; and rt WHEREAS, the City Commission passed Resolution No.`.88-502 authorizing the City Manager to execute a contractual agreement with the CONTRACTOR; and WHEREAS, the CONTRACTOR has been allocated eight thousand four hundred dollars ($8,400)for the DOWNTOWN target area -and ' y ` WHEREAS, the eligibility for assistance will be for those businesses located within the specified target area boundaries as # outlined in the Policies and Procedures Manual; _. 1 4.t i NOW, THEREFORE, in consideration of the promises mutual covenants and obligations herein contained, and subi44' V the terms and conditions hereinafter stated, the 'part`ie,� heap�Q understand and agree as follows: � 3 yi .... ,.•u ,. f 3 �R f hid ✓lif'. a7�ti { .F j � �j � } . t _ ._. _ -. ,,. e .s . .. .t .•t L.. ,,., .i.h1'An , ��ipyt....'L..�3w TxA.-i�{i�....�H3-i�k�.��h7i:3uTti� ' . f i TERM: The term of this Agreement shall commence on December__:1. 1988 and terminate June 30, 1989. Upon termination of this Agreement, the CONTRACTOR agrees and understands that the CITY has no obligation to renew this Agreement. i N ! II SCOPE OF SERVICES: CONTRACTOR'S scope of services will include: r }A 1. The CONTRACTOR agrees to carry out the project in a _? lawful, satisfactory and proper manner, in accordance: with the written policies and procedures, and requirements as prescribed in this Agreement, -,as set -41 4- forth by the City of Miami's Department of Community Development (DCD). 2. The CONTRACTOR will notify target area prope,r:ty,. owners and/or merchants of the commercial rehabilitation, program, develop a priority list of buildings to, be painted, and identify local paint contractors... This.: . = �' tlrt information must be forwarded to the Department of Community Developmentpriorto, any ,work commencing in w5 ry f Y>ti the target area. 3. The CONTRACTOR will enter into a commercial facade F rehabilitation agreement with the property owner ands/+or merchant to provide commercial rehabilitation a,ssis.tance within the identified target area, and boundaries.- 4. The CONTRACTOR will approve all invoice..submitted by, t;hg general contractor and submit'a.request:for•payment;from .M the Department of Community. Development for.,, the: .......CitS►'s required seventy percent; (70%);match amount within five � (5).., days of awar.diag; contract and %receiving Chet otx-6 0 exl o.wner.s t h i rt y- percent .:(30X)..:; ft#{ 5. The ,CONTRACTOR. wI11 form a-beauCificat;ion; ;epmmitt,se thN J rca is `' A j. consists .of etaf f 'f rom, the City, of, K am Depactmett Q x i x Community AeveLopmet, Ptapcll�tg py 7 4 1 J +, Jl. .. t,. ., e k .._. . . '.t � - s v, .e a..n�•'�e :._r.n .M�... �2tr.t.,. The function of this committee will be to approve color and design schemes for the area as well as identify those properties that are in violation of toning requirements. 6. The CONTRACTOR shalt advise the general contractor in vriting that his/her bid on the proposed work has been accepted and the date in which work can commence. Also, the contractor will provide the general contractor with 4 a copy of the City's paint specification and guidelines. 7. The CONTRACTOR shall obtain, upon completion of the property being rehabilitated a Certification and Acceptance of Work, properly signed by: a) Property owner and/or merchant b) Community Development Department Representative c) Planning Department Representative and d) CBO representative 8. The Policies and Procedure's manual, as attached herein, shall serve as working document (guideline) for each Community Based Organization (CBO) implementing and/or administering the commercial facade exterior d. — $ 1 rehabilitation program. _ 9. The CONTRACTOR will be required to open and 'maintain' a kx separate checking account for the duration" of this {` contractual agreement. 10. The --CONTRACTOR will be required to attend the monthly S commercial facade meetings held by Community Development. The target area beautification .committee will meet the second Wednesday of each month at 11:00 a.m. , in the Planning Department's Conference `Room "on ` the third floor of the City of 'Miami Adminiatr"ation Building, 275 •N.W.' Second Street. ors 11. Community Development will' monitor the' fisca`1' programmatic operations"of',the" Commerciat.-kehabilitaxiat 3x programevery quarter beginning. "The "contracto`r�Xi,ll''ybY�s r °. required to'make 'available all fi nandial''recocds as operational documents. Said right 'shall exist duria` w ,R ^ �� lawns .tie ,..k.. `�,..A.ift c•+"` s ^.'UF�i"i°�n,� - w `� yob. i i, the period of this Agreement and for a period of two O, years following the date of contract termination. I' { 12. The CONTRACTOR is required to execute this Agreement within sixty (60) days of receipt from the Department of- t 1 Community Development. Failure to do so will be cause to deny contract execution with said CBO. 13. The following services will be allowed under the auspices of the Commercial Facade Exterior l Rehabilitation Program: ±- K a) Painting (include pressure cleaning, caulking, etc.) }. b) Signage, canopies, awnings r .1Y c) Doors, windows. shrubbery, landscaping . tt' III COMPENSATION: A. CITY shall pay CONTRACTOR, as maximum compensation for the services required pursuant to Paragraph II hereof, the amount of eight thousand four hundred ($8.400). B. Such compensation shall be paid on .the following b.asis:7' For the services provided under. Section IT, the total:. F budget .amount for .the CONTRACTOR is eight .thousan&.1our hundred dollars ($8,400). Unless' prior, approval is obtained in .writing from Community Development, in: no event shall the CONTRACTOR expend,, more than eight 'tits thousand four hundred dollars ($8,400)in,the approved' ' ` 0' target area. It is understood that the CONTRACTOR willf: enter into a commercial rehabilitation agreement with dti the property owners and/or merchants to_provide services within the constraints of the . bud et`�` g The' 'eight thousand four hundred; dollars ($8,400) budget will be matched. thirty percent ,(30%) by participating; property Shy owner/merchant.. which, will be paid ;by check ; The, 4 s .only. st l maxim um amou•pt; to., be expended :p:e1c business address i ra two thousand dollars.. ($1,40Q)• No- fundo, =al,loaa:t,ad this Agreement shall go toward administrative:.e.ost.;=°' :'t� qr§w i ^ �4+`^''±_' - a i } t ^.t4^'s 1 rh eLL F �:y_nS •d 1iV.,YI�.e�1 �'Ne'�.LeG.t }�•`Jc.�l�r'. �.�i.,kf1:.��.._ — fl AWN i� i= 3 Upon execution of the Agreement between the CONTRACTOR t _ and the property owner and/or merchant, the 30% matching k requirement will be due. Once the property owner and/'or merchant and CONTRACTOR approve the completed work, the CONTRACTOR will release payment to the general rAl contractor within ten (10) working days. The City shall � have the right to review and audit the time records and �!. related records of the CONTRACTOR pertaining to any ;z payments wade by the CITY.' IV COMPLIANCE WITH FEDERAL AND LOCAL LAWS: ! Both parties shall comply with all applicable laws, �J ordinances and codes of Federal State and -local governments. ; v GENERAL CONDITIONS: A. All notices or other communications which shall or may r. — _ be given pursuant to this Agreement shall be in writing and shall be delivered by personal service,: oc_;by fl, registered mail addressed to the party at .the address indicated herein or. as, the.. same may, be., changed, from g .,time to time. Such notice shall be deemed given, on the day on which" personally served;. or, if by mail,,:, on ;the e f fifth day after being posted or the date. ofactual receipt, whichever is earlier. r` ' CITY OF MIAMI - CONTRACTOR: i DEPARTMENT OF COMMUNITY DOWNTOWN MIAMI BUSINESS DEVELOPMENT ASSOCIATION, INC. er1 1145 N.W. llth Street One Biscayne Tower`, Suite 1818 Miami, Florida 33135 Miami,'Florida 33I31 +� - B. Title: and headings are for., convenient paragraph r reference.and are not apart of this Agreement. Cf In the event of conflict between;. the, ter_%% I`+ „S Agreement and any terms or conditions cbatained�_in 1 ! t.,?Krk ' # attached, documents, the., terms r of thls<JAgree�nen� r . _ rule. 7 11 f ,!'� � x --:`4✓'. ••L . . _. .. .'.::: :`.:: : - '" . `; ... ,, .•f. .f. i i," rS,t-.,i+R ,+I S?:;74rt'.5., 7; �.Slgk. _xa�}<y..jb — .. i - D. No waiver or breach of any provision of this Agreement i 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 writingb E. Should any provisions, paragraphs, sentences, words or 1 phrases contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal �l or otherwise unenforceable under the laws of the State a� of Florida or the City of Miami, such provisions, ji paragraphs, sentences, words or phrases shall be deemed ' modified to the extent necessary in order to conform i 1 f j with such laws, or if not modifiable to conform with i such laws, then same shall be deemed severable, and in !I f$ either event, the remaining terms and provisions of this + Agreement shall remain unmodified and in full force and 1, 4 effect. :? �i 1 VI OWNERSHIP 'OF DOCUMENTS: All documents developed by CONTRACTOR under this Agreement shall- be delivered to CITY by said CONTRACTOR upon completiow'"of the services required pursuant to Paragraph Il-hereof and shall 1, become the property of the CITY, without restriction: :or limitation on its use. CONTRACTOR agrees that all documents maintained and generated pursuant to this co ntractuah is relationship between the CITY and CONTRACTOR shall be subject to all provisions of the Public Records Law, Chapter 119, Florida :i Statues. it It is further understood by an between the parties that any information, writings, map contract documents, -reports. or a"ny' other matter whatsoever whichis given by the CITY to t.h�,- 4 'CONTRACTOR pursuantto this Agreement shall at all times .;xema�n R Y the property of the CITY and shall not be used by CONTRACTOR fb any other _purposes whatsoever without ' the-, wr itconse�at o h CITY, ,r r I { F t y y 1' T r flit i � N�lltbgi.gGARIi.TY : That the obligations undertaken by CONTRACTOR pursuant to this Agreement shall not be delegated or assigned to any othef person or firm unless CITY shall first consent in Writing to the performance or assignment of such service or any pact thereof by another person or firm. f` VIII =; AUDIT RIGHTS: CITY reserves the right to audit the records of CONTRACTOR at any time during the performance of this Agreement and for a — period of one year after final payment is made under this Agreement. 'I The CITY's Internal Audits Department will audit all CONTRACTORS receiving fifteen thousand dollars 015,000) or more. } Ia AWARD ' OF AGREEMENT : . The CONTRACTOR warrants that:,it has not employed oc retained J. any: person ' employed by the CITY to solicit or • °secure`'_ this j{ Agreement and-thatit : has not - offered,to pay, ;paid, or agreed . to pay- any person employed'- by the CITY. any', fee, commission,: resulting from the award of this Agreement. g CONSTRUCTION OF AGREEMENT: i ''This Agreement shall be construed and enforced according�`t'o i the laws of the State of Florida. >� i xI 4 } ! _ i' zy �r 1' SUCCESSORS AND ASSIGNS; i This A regiment': jshall be . binding upon the artiea •hsxen f "` g 8 p P• their heirs, :execu•torsi, legal: representitiyes,: succe'seors;; A# , i � t �r - ( jt YR3 �•� i "assigns, t + 5 t J S i lit INDEMNIFICATION: The CONTRACTOR shall indemnify and save CYTY harmless frori i and against any and all claims, liabilities, losses and causes of action which may arise out of CONTRACTOR'S activities under this Agreement, including all other acts or omissions to act on the part of CONTRACTOR'S, including any person acting for or on its behalf, and, from and against any orders, judgements, or decrees which may be entered and from and against all costs, attorney's 3_ fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. t lilt CONFLICT OF INTEREST: The CONTRACTOR 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 Section 2-11.1) and the State of s Florida, and agrees that it will fully comply in all respects with the terms.of said laws. The CONTRACTOR covenants that no person under its employ who presently exercises any functions or responsibilities in connection with- this Agreement has any personal financial interests, direct or indirect, in this Agreement. The CONTRACTOR 'r 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 the CONTRACTOR or its employee, � must be disclosed in writing to the CITY. The CONTRACTOR, in the; performance. of this Agreement, shall be subject to the more., restrict law and/or guidelines regarding conflict of. interest < -� promulgated.,by federal, state or local governments. mmmmmmmm 1 F lc' M XIV 4 . ,ra+may INDEPENDENT.CONTRACTOR:''� — The CONTRACTOR and its employees and agents shall ba_ deea�ad a to be independent contractors, and, not agents or, e,mployees,Q '4 CITY, and shall not attain any rights or :kaenefit ;uadex thei►.ra�Y. r r •+ " , Service or Pension Ordinances of the CITY, or any rights generally afforded classified or unclassified employees; further ' he/she shall not be deemed entitled to the Vlorida Workers' . <r Compensation benefits as an employee of the CITY. XV TERMINATION OF CONTRACT: CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to j - -j Paragraph II hereof without penalty to the CITY. In that event, a sixty (60) day notice of termination of this Agreement shall`be I in writing to the CONTRACTOR, who shall be paid for those services performed prior to the sixth (60th) day after its receipt of the notice of termination. In no case, however, will CITY pay the CONTRACTOR an amount in excess of the total sun provided by this Agreement. It is hereby understood by and between the CITY and the CONTRACTOR that any payments made in accordance with this Section to the CONTRACTOR shall be made only if*said CONTRACTOR is not in s default under the terms of this Agreement. If the CONTRACTOR 'is in default, then the CITY shall in no way be obligated'"and''shail not pay to the CONTRACTOR any sum whatsoever. _ ZYI f� NONDISCRIMINATION: j The CONTRACTOR agrees that it shall not discriminate as to f: race, sex, color, creed, national origin or handicap in l_E Y: connection with its performance under this Agreement. —; Furthermore that no otherwise qualified individual shall;," solely by reasoa of his/her race, sex, color, creed, nat3ona], `� ty origin, or handicap, excluded' from the participation' its, bey rr`tr denied be 'of, ' or be subjected -to discri'dinafion" "1r unde � and► k. —4 program or activity receiving federal financial assistance. i r Y4 F i d'Fu .. .. .:.<�,- _ .. ,. ,. -.. .. . .., ,. r_ r��4. ,6?:. :.:a. =:ter. ,. r .a _ ?.,..'o a ax ems. "-� _ ,c*,=i<:� •. i ! MINORITY PROCUREMENT COMPLIANCE: The CONTRACTOR acknowledges that is has been furnished e _ copy of Ordinance No. 9775, the Minority Procurement Ordinance of i the City of Miami, and agrees to comply with all applicable 'C substantive and procedural provision therein, including any amendments thereto. XVIII — CONTINGENCY FUND: 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. RI7C - DEFAULT PROVISION: ' In the event that the CONTRACTOR 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 r{f. CITY, at its sole option, upon written notice to the CONTRACTOR cx;, may cancel. and terminate this Agreement, and .:al-1 payments, t� advances or other compensation p paid to the .CONTRACTOR by. — CITY while the CONTRACTOR was in default of the provisions -herein contained, shall be forthwith returned to CITY. BONDING AHD INSURANCE: a) During: the term of this Agreement, the CONTRACTOR 'sha11 maintain bonding and insurance coverage' in amounts as .`" determined by the Risk.Management Division of the. CITYfi,: Whenever applicable, the CITY shall be named as, an additional ` insured. s; b) -The ; CONTRACTOR . shall •furnish. certif icat-es of lneurat%ae fF ' and bonding, as required, to the CITX prior t,p;"=j� commencing any activities under this Agreement. M<, { i"w The CONTRACTOR assures and certifies that: a) All expenditures of funds will be made in accardadca with the stated budget allocation as approved by the City Commission. b) CITY funds will not be co -mingled with any other funds and that separate bank accounts and accounting records - will be maintained. c) The expenditures of CITY funds will be properly documented and such documentation will be maintained. d) Periodic progress reports as requested by the CITY will - be provided. e) The CONTRACTOR will be personally liable for any CITY funds expended that were not consistent with the program approved by the City Commission or any funds expended not in accordance with proper accounting standards -. as- determined by competent auditing authortty. f) No activity under this Agreement shall involve political activities. g) The CONTRACTOR possesses legal authority to enter into .,this > Agreement; .:a . resolution,. motion. or .s.i,milar, action- _ has been duly adopted or passed asan official act of the CONTRACTOR'S governing body, authorizing the` execution of this Agreement, including all understandings the person identified as the official representative of the CONTRACTOR to act .in connection` with the CONTRACTOR and to provide such additional' -,. nformation as may be required. Y _ as XXII F yy{{ AKZNDMEXTS; No amendments to this Agreeipen.t shall be binding on ther, ,a e4:` party unless in writing and signed .by both panties. , tttnnn t - n5e . Xx 11. I %XTT1i9 AGREEMENTS. This instrument and its attachments constitute the sole and only agreement of the parties hereto relating to said grant and correctly set 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. 7 y�z IN WITNESS WHERSOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized on the first date above written. ATTEST: CITY OF MIAMI, a Municipal j Corporation of the State of Florida i BY: MATTY HIRAI CESAR H. ODIO _ CITY CLERK CITY MANAGER ATTEST: CONTRAC 0 s 1 4,% fir BY: t n' CORPO ATE SECRETARY BO PRESIDENT SEAL wx. { APPROVED AS TO FORM AND CORRECTNESS: -3:= JORGE L. FERNANDEZ CITY ATTORNEY J x, i .4 _M APPROVED AS TO INSURANCE REQUIREMENTS: r INSURANCE MANAGERj' t -- e � a CORPORATE RESOLUTION WHEREAS DOWNTOWN MIAMI BUSINESS ASSOCIATION, INC. - desires to enter into an agreement with the City of Miami; and ".. WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the By -Laws + of the corporation; — NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that the president and secretary are hereby authorized and instructed to enter into a contract in the name and on behalf of this corporation with the City* of Miami upon the terms .contained in the proposed contract to which this resolution is attached. DATED this "� cx day of /�,';�7.� �L�,+_h ; L` , 1988. 4 !1 r Y CHAIRPERS [�:THE;.BOARD;OF.DIRECTO.S - 4?- OSEC TARY (SEALvA , i � .. _: ... i I �' E L ; Fr`/' !4� I.T `+1T h . L h•,Yy � 4{ . f r a s,..: , n„r ,. > . .-, } �� r 1 rt isJ.s�•7 ±. 7•i'ir:_.`�F3_�.i7ic1+!,,•:i'�zit?�`.3cS�7�tef�i+.�� _'�£�de �'u'. 3 A. - u CITY OF MIAMI, FLORIDA COMMERCIAL FACADE TREATMENT PROGRAM AGREEMENT GREATER BISCAYNE BOULEVARD CHAMBER OF COMMERCE. INC. This Agreement entered into this day of , 19_, by and between the City of Miami, a municipal corporation of Dade County, Florida, hereinafter referred to as "CITY", and the GREATER BISCAYNE BOULEVARD CHAMBER OF COMMERCE, INC. (GBBCC) a not -for -profit corporation of the State of Florida, hereinafter referred to as "CONTRACTOR". RECITAL WHEREAS, the Commercial Facade Treatment Program is a - component of a Comprehensive Citywide Commercial Rehabilitation' Assistance Facade Treatment Program; and WHEREAS this ' program was approved in the Fourteenth (14th) Year Community Development Block Grant Application by Resolution No. 88-384; and �.. WHEREAS, the City Commission passed Resolution `No.''88=502` authorizing the City Manager to execute a contractual agreement ,z< 0 with the CONTRACTOR; and ' ■ WHEREAS, the CONTRACTOR has been allocated nine thousand eight hundred dollars ($9,800) for the EDISON-LITTLE RIVER target area; and s ,ft WHEREAS, the eligibility for assistance will be for those' businesses located within the specified' target area boundaries as` outlined in the Policies and Procedures Manual;; v k t a 1 a NOW, THEREFORE, in consideration of the promises mutual covenants and obligations herein' contained: ,'and�subje'ctAto' y the terms and ,.conditions heneinaft;er.° stated 3f'x E , the pahtesr h9 , ha understand and t agree as f9�is��iafirl �P ' f 1 I TERM: The terra of this Agreement shall commence on December -1_. 1988 and terminate June 30, 1989. Upon termination of this f'=_ Agreement, the CONTRACTOR agrees and understands that the CITY has no obligation to renews this Agreement. r SCOPE or SERVICES: _ CONTRACTOR'S scope of services will include: 1. The CONTRACTOR agrees to carry out the project in 'a -- lawful, satisfactory and proper manner, in accordance with the written policies and procedures, and requirements as prescribed in this Agreement, as, set ' _14 forth by the City of Miami's Department of Community Development (DCD). e4 2. The CONTRACTOR will notify target area 'property owners A1 and/or merchants of the commercial rehabilitation. lY. program, develop a priority list of buildings to` be painted,' and identify local paint contractors.' "This information `must be forwarded to the Department CommunityDevelopment prior to an work 'commene'in in Fes_ p P Y g —` the target area. _{ 3. The CONTRACTOR will enter into a commercial facade �L i rehabilitation agreement with` the property owner" and/o,r' .2 p? merchant to provide commercial rehabilitation assistance; 4 x;; within the identified target area and boundaries' " 4. The CONTRACTOR will approve all invoice 'subaitted by' tie °3 A. general' contractor and, submit a request fo"r payment`; Troia_ the Department of Community Development E.oc 'the Cii�y's ' required seventy percent VOZY'match.amount within Tip (5)- days of `awardiftg' contract an receiving the pr4perC�ru ,� e owners- thirty percent (3.0%); 5. The ""CONTRACTORt=will forma beaut,ification'.cQmmlttew: f. consists of staff 'from `the City' Ai Miami's,,, oepartnlepxs;,'�'_t Community A`evelopment, P1 anii.ng' `acid C640'Of4�K a � r �f„R.; S,rct;«,''✓F r.s-ai_-_ "t-r, s� a.,. !: - f., e; i ,• �-.' ittif„ase.:�;Tir �,�,'-�k i�ti�i`✓.��.r!'" - The function of this committee will be to approve colof and design schemes for the area as well as identify those properties that are in violation of toning requirements. b. The CONTRACTOR shall advise the general contractor in v,X writing that his/her bid on the proposed work has been E accepted and the date in which work can commence. Also, ` the contractor will provide the general contractor with a; ai a copy of the City's paint specification and guidelines.' 7. The CONTRACTOR shall obtain, upon completion of the property being rehabilitated a Certification and Acceptance of Work, properly signed by: ' a) Property owner and/or merchant b) Community Development Department Representative ` c) Planning Department Representative and d) CBO representative 8. The Policies and Procedure's manual, as attached herein, shall serve as working document (guideline) for each - Community Based Organization (CBO) implementing and/or - t administering, the commercial facade exterior. rehabilitation program. k,t _ 9. The CONTRACTOR will be required to open and maintain a � separate checking account for the duration of his. contractual agreement. 10. The CONTRACTOR will be required toattend the monthly �. commercial facade meetings held by Community sk Development. The target area beautification committee will meet the second Wednesday of each month at 11:00 'i o, a.m., in the Planning Department's Conference Room one the third, floor of the City of Miami Administration Building,,275 N.W. Second Street. 11. Community Development will monitor the fiscal and Y>a. ro rammatic operations of the Commetrcial. Rehabilitation P S P program every, er begtnAtng. quartThe contractor wi).) required to make available all financial records as - ti _ as operational documents. laidshall t t� Rlfr r A 4 3 r -af-F1�'w .-t .s ,rnr _ _ ti .•.! .P h: nt.re, ,: 1:-arw.S4xN.r; �-r�.w7.9t, 2iS�.faa6_r1i "'� �+GavY,y the period of this Agreement and for a period of two (2) years following the date of contract termination. r 12. The CONTRACTOR is required to execute this Agreement - within sixty (60) days of receipt from the Department of Community Development. Failure to do so will be cause to deny contract execution with said CBO. 13. The following services will be allowed under the auspices of the Commercial Facade Exterior Rehabilitation Program: a) Painting (include pressure cleaning, caulking, etc.) .y b) Signage, canopies, awnings c) Doors, windows, shrubbery, landscaping COMPENSATION: A. CITY shall pay CONTRACTOR, as maximum compensation for. the services required pursuant to Paragraph II hereof, the amount of nine thousand eight hundred dollars m` ($9,800). .L B. Such compensation shall be paid on the following basis: <r"a For the services provided under Section II., the total } budget amount for the CONTRACTOR is nine thousand eight . r hundred dollars ($9,800). Unless prior approval is obtained in writing from Community Development, in no event shall the CONTRACTOR expend more than --nine '- 1i thousand eight hundred dollars ($9,800) in the approved t target area. It is understood that the CONTRACTOR well enter into a commercial rehabilitation. agreement; with the property owners and/or merchants.to,provide.servlces i within the constraints of the budget. The nine thousand �F �._ eight hundred_. dollars (49,800) : budget will be ;.mafched N 7r — thirty percent . ,(30%) - by participating. property ; j owner/merchant which. will be .paid bye check only.,.; Thy maximum amount to be, expended, Per.. business address �i� two thousand, dollars ($1, 40,0 ),< , No funds dllQced 40tis``4;' kr a�a X�Z . this Agreement shall go toward administrative cost4. ,W,� ,r E � L y .: n ,� - ., . : t .. - . aj'a.Y -' its '•G� e'4 �xri Upon execution of the Agreement between the CONTRACTOR and the property owner and/or merchant, the 302 matching requirement will be due. Once the property owner and/or merchant and CONTRACTOR approve the completed work, the — CONTRACTOR will release payment to the general contractor within ten (10) working days. The City shall have the right to review and audit the time records and related records of the CONTRACTOR pertaining to any payments made by the CITY.: 4 r IV `a COMPLIANCE WITH FEDERAL AND LOCAL LAWS: Both parties shall comply with all applicable laws, 7� ordinances and codes of Federal State and local governments. V GENERAL CONDITIONS: A. All notices or other communications which shall or may t. be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by — registered mail addressed to the party at the address indicated herein or as the same may be changed from w� time to time. Such notice shall be deemed given on the. y: day on which personally served; or, if by mail, on the fifth day after being posted or the date of actual vi • receipt, whichever is earlier. l CITY OF MIAMI CONTRACTOR: DEPARTMENT OF COMMUNITY GREATER BISCAYNE'BOULEVARD, DEVELOPMENT CHAMBER OF COMMERCE, INC. ti< 1145 N.W. I1th Street 8101 Biscayne Boulevard tY Miami, Florida 33135 Suite 509 Miami, Florida 33138 ix B. Title and paragraph headings are for convenient reference and are not a part of this Agreement.'. ` C.' In` the `event. of conflict' between the Cer:as. of I Agreement and any Cecros or conditions contained' iti arty attached documentR, ' the terms of, this A$ra�meAt rule, �=f4 r h k l5 MW Y.' It D. No waiver nr breach of any provision of this Agreement shalt congtttltte a waiver of any subsequent breach of the same or any tither provision hereof, and no waiver shalt he effective unless made in writing, l:. Should any provisions, paragraphs, sentences, words or phrases contained to 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 Ctty of Miami, such provisions, paragraphs, sentences, words or phrases shall be deemed 5` modtfted to the extent necessary in order to conform with such laws, or if not modtftabte to'conform with r e' such laws, then anme shall be deemed severable, and In either event, the remaining terms and provisions of this Agreement shall remain unmo&tf ted and in ful l force aad effect. a VI -. OYNBRSHIP OF DOCUMENTS: F=- All documents developed by CONTRACTOR under` "t`hi's .Agreemeini h' t ghalVibe delivered -to CITY by quid CONTRACTOR upon cotaptettiio'"o`E the 9ervtces required 'pursuant to Paragraph tI hereof and'ah61 he'come the property of the CITY, without restriction' ' or ' ti'mitatton on its use. CONTRACTOR agrees that all documents 3° maintained and generated pursuant to this contractual $ relationship between the CITY and CONTRACTOR shall he subject to at1` provisions of: the Public Records Law, Chapter t19, Florida (. Statues. {h it is further understood by an between the parties that ,any t X, information, writings, map contract documents, re.Po"rta' or - anY other matter whatsoever which is given by the CITY to ONTRAC'�OR. _` �, pp'l9uA"tit t`o this Agreement shalt at. all times rw>w'ain the property pf .. the CITY and•' sh'a LV ' not 'be" used ` by ' CONTRACTOR-' trZ ftF iq - any " ether `purpose`s -,what so avtir wi"thous t"h'e' grit°ten:* i i4, 'tit r f y CtTY>'' Yf_ m Y� ` t'k��ylTM 4tf, 'i s � � t �rt r .. r u'; i `. ✓ -t w � 'ii a?�'k!an. Y t'�k �ieY�._: r �< < q�' kk4,y .,{Y�a`.'x^r'c `' Vtt NONDURCAMITY: That the obligations undertaken by CONTRACTOR pursuant to this Agreement shni 1 not he delegated or assigned to any other person or firm unteas CITY shall first consent in writing to the performance or assignment of such service or any part thereof by another person or firm. Vltt AUDIT RtGHTS: CITY reserves the right to audit the records of CONTRACTOR At any time during, the performance of this Agreement and for a period of one year After final payment is made under this Agreement. The CITY's Internal Audits Department will audit all CONTRACTORS receiving fifteen thousand dollars ($15,000) or sore. t lC AWARD OF AGREEMENT: The CONTRACTOR warrants that it has not employed or retained any person employed by the CITY to solicit or secure this Agreement and that it has not offered•. to pay, paid, or agreed, to` pay any person employed by the CITY any fee,` commission, resulting from the award of this Agreement, CONSTRUCTION OF AGREEMENT: This Agreement Rhall be construed and enforced according tn^ e Y the 1awn of the State of FIortda. f� { 7 i SUCCESSORS AND ASS IGNS s k+ A4 "This' Agreement shall he "binding upon the: parties Choir hsirs'.. executorg le al g epreaustatives, succt;ssps, assignR'� bap w r*� Y VHF v XtI tNoRllNlptCATIOIit The CONTRACTOR shA1l indemnify and gnve CITY harmless from and against Any and all claims. liabititiea, losses and causes of nctinn which may arise nut of CONTRACTOR'S activities under this Agreement, including all other Acts or omissions to act on the part, .of CONTRACTOR'S, including nay person acting for or on its behalf, and, from and against any orders, ,judgements, or decrees which may be entered and f.rnm and against all costs, attorneys. fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. — XIII CONFLICT OF INTEREST: The CONTRACTOR is aware of the conflict of interest taws ofd the City of Miami (City of Miami Code Chapter 2, Article V), Dade County Florida (Dade County Section 2-11.t) and the,, State of Florida, and agrees that it will fully comply in_ all, respects with the terms of said laws. s; The CONTRACTOR covenants that no person under its e+wplo.y who presently exercises any functions or responsibilities in connection with this. Agreement has any personal financial interests, direct or indirect, in this Agreement.. The CONTRACTOR further covenants that, in the performance of thiSr Agreement, no ow person ,having ,such conflicting interest shall be employed. `: Any such interests on the part nE the CONTRACTOR or its employee, must he disclosed in writing to the C1.TY. The CONTRACTOR, in this" - per f a rmance of this Agreement, shal1,_be subject to the more restrict law and /or guidelines •.regarding; conflict of interest: promulgated by .E.edernl, , ;ta.te or, l.pcal, 'gave rnme_nts..: ;; r u INDEPENDENT CONTRACTOR: The CONTRACTOR and its Pmployees and agents $hall be rn. he independent contractors, and not agents ar:, empl4,e�as oj$�R�� CITY.. and shalt not attain any rights or .henefi,is under �. t r t� t 4 Service or Penaton Orr1 inAncen of the CITY, or any rights generally Affordod clAAAif ted or unclassifted employees: further he/she sha11. not be deemed entitled to the Ptorida Workers* Cbmpenaation honeftts An An employee of the CtT`Y. _ XV TRRMINATION Of CONTRACT: CITY retatna the rtght to terminate this Agreement at any time prior to the completion of the services required pursuant to G Paragraph It hereof without penalty to the CITY. In that event, a sixty (60) day notice of termination of this Agreement shall*be in writing to the CONTRACTOR, who shall be paid for those services performed prior to the sixth (60th) day` after its g^ receipt of the notice of termination. In no case, however, Will CITY pay the CONTRACTOR an amount in excess of the total sus provided by this Agreements It is hereby understood by and between the CITY and the CONTRACTORthat any payments made in accordance' with this Section. to the CONTRACTOR shall he made only if said CONTRACTOR is not in default under the` terms of. thin Agreen�`ent. if' the CONTRACTOR "is' a' in default, then the CITY shalt in no way' be obligate& and shall: 15 k .M '4 not pay to the CONTRACTOR any sum whatsoever." XVI NONDISCRIMINATION: / TG� The CONTRACTOR agrees that it shall not discriminate as to. race, Rex, color, creed, national origin or handicap connection with its performance under this Agreement. Furthermore that no otherwise qualified indi'vid`ua1 9eal'^1 �+ n., solely by reason of his'/her race, sex, valor, creed,' nat+ianaX rh origin, or hand'i.cap, he exctuded''from the pArtici5pation i,nf bey�t„> - ' '' - F t of d•9'`yr denied bene`f'it"`s of. , or be subjected to discrimination under sdy program or activity receiving federal financial asslatan�ce, t'` �AY��S },>T K1J_�_ ..- '•'i C` fi" is .i •7':' Yhr.}� 5 ` ~ P,x C 7 4 �� ty r'C �..c.l.. K,+t } y ro M . Y.. ._ a .. j., ''r ,r .::+, .a ,. atT. ;7,'3`df �=.hk'.`y�. �.4i i �7.'K,$x� �',Lk`.� '"} �' ♦ — Y xvtt "XWWTTPROCUREMENT COMPLtANCK: the CONTRACTOR acknowledges that is has been Furnished a ti c(spy nE Ordinance No. 9775, the Minority Procurement. Ordinance of the City of MiAmt, and agrees to comply with all applicable substantive and procedural provision therein, including any amendments thereto. Rvttt CONTINGENCY FUND: Funding for this Agreement is contingent on the nvailability of funds and continued authorization for program activities and t„ Is subject to amendment or termination due to lack of funds, or authorization, reduction of funds, and/or change in regulations. xtR DEFAULT PROVISION: In the event, that the CONTRACTOR shall fait to comply. with each and every term and condition of this Agreement or fail$ to perform any ,of . the terms and conditions contained herein, ; them CITY,..at its sole;, option,,, upon written not.tc.e '.:to, the CONTRACTOR: t 5 may cancel, and terminate this...Agreement,! and all � _ � PaY.ment$ } � advances, or other c9m ensation `} p paid to; the CONTRACTOR by. CITY . r while the CONTRACTOR was in default of the proyisions. here,i contained, shall be forthwith return.ed,to...CITY. 7CZ { BONDING AND INSURANCE:.:, a) During,,the term of this Agreement, the CONTRACTOR shall' maintain, bonding and insurance coverage in atNounCs a$}; determined by the Risk Management ;Division.; of the C'-rr Whenever applicable, the CITY shall be 'Waned aR an; Yy3° additional insuced. b) The (;ONTRAC'TOR ahal t furnish cer.tif icatea `of ! nsnrauca's�,+� k end bonding, it ceIuired, t:o the. CITY �►ri9�t,. tgFh�p��`�.�c r.nmmencittg, arty Ac•tivlEiPs uP e.r this Ag;reentent: y{ F 56( c .atM � ._-J , ....�: .. .a_�... r. _'. .... ,_ r. , .;, .. . .- .• I r _..`S f .4,�:Y>, r i.� _ F t _'fit 3t��-s,�.�.- zxt ASSURANClt$ A" CRKTIFtCATtONS, • The CONTRACTOR assures and certifies that: a) All expendttures of Funds will he made in accordance with the stated hudget allocation as approved by the City Commissinn. b) CITY funds will not be co -mingled with any other funds and that separate bank accounts and accounting records will he maintained. c) The expenditures of CITY funds wilt he properly rt documented and such documentation will be maintained. } d) Periodic progress reports as requested by the CITY will 5 be provided. e) The CONTRACTOR will he personally liable for any CITY funds expended that were not consistent with the program approved by the Ctty Commission or any funds expended not in accordance with proper accounting standards as determined by competent auditing authority. f) No Activity under this Agreement: shall involve political activities. 9),. The CONTRACTOR possesses legal a.uthority to enter. into. this Agreement; a resolution, motion or similar action Ilan been duly ,adopted or passed as an official act of the CONTRACTOR'S governing body, authortzing the execution of this Agreement, including all. understandings the person identified as the official representative of. the CONTRACTOR to act in connection with the CONTRACTOR and to provide such additional o� *. 4 information as may be required. .. 3 pY.. f� RxI I r x� 'yvi fi AMEN DMENT$ r} � ` No amendments to thiR Agreement shall he . binding nn ei-Eh+�rA r am# r� �{ '> par )► unless in writing and signed b both rm}' y parties.' y y Ixttt ISMS, ACIEURNTS e This instrument and its attachments constitute the sole and only agreement of the parties hereto relating to said grant and Y 1 Z ' P: CORPORATE _RE.SOL.UTtON t+u3 Ir WHEREAS desires to enter into an agreement with the City of Miami; and e `W. •�,. WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the By —Laws , of the corporation;: w NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS Y �'h�. that the president and secretary are hereby authorized and instructed to enter into a contract in the name and on behalf of ' a this corporation with the City of Miami upon the terms .contained` in the contract to which this resolution is attached. proposed ` DATED this day of198R. t PER. N TH BO R OF` DIRECTORS — , Q24 L4 SECRETARY (SEAL) CHAIR . �h x max' i • �# k yy GfY !iL YY r+x�. - t t , a l HAITIAN_ . TASK FORCE, _ INC-•. (ETF ). This Agreement entered into this day of , 19 , by and between the City of Miami, a municipal corporation of Dade County, Florida, hereinafter referred to as "CITY", and the HAITIAN TASK FORCE, INC. (HTF) a not -for -profit corporation of the State of Florida, - hereinafter referred to as "CONTRACTOR". RECITAL WHEREAS, the Commercial Facade Treatment Program is.,a component of a Comprehensive Citywide Commercial Rehabilitation Assistance:Facade Treatment Program; and WHEREAS, this program was approved in the Fourteenth 114th) Year Community Development Block Grant.Application by Resolution No. 88-384; and. WHEREAS,. the City Commission, passed Resolution ;No._,88-502 authorizing the City_,.. Manager to execute a_contractual:;agreement with the CONTRACTOR; and WHEREAS, the CONTRACTOR has been allocated sixty_ nine i thousand two hundred dollars ($69,200) for the LITTLE HAITI target area; and WHEREAS, the eligibility for assistance will be for. those 9 businesses located within the specified target, are a,__boundariAess 4;tr x 6�rf outlined in, ,the. Policies and Procedures Manual; NOW, ,THEREFORE, in, consideration of the proimises and th,e A, " mutual covenants. and• obligations herein contained, <andsup,jco fYx# the terms and conditions hereinafter , staffed Zhe ,`p rt es r s r understate• - aid., a�re� as r �• ��'�F��.�F s `1 `4•ti� t. A t •f.FM3,.. ..1. _ .. .. .. .. .. i . .... i. .. 4.. aS iw.4 Atw��j eYr, .I _. �N w, 1.. S�S1"�j. — t The term of this Agreement 4hall commence on December 1 : 1989. Upon termination of this = 1988 and terminate June3h,_ ; Agreement, the CONTRACTOR agrees and understands that the CITY has no obligation to renew this Agreement. II _l SCOPE OF SBIVICBN: ! CONTRACTOR'S scope of services will include: ect in ero the � t. The CONTRACTOR agrees to carry out P 3 lawful, satisfactory and proper manner, in accordance with the written policies and procedures, and requirements as prescribed in this- Agreement, as Got forth by the City of Miami's Department of Community Development (DCD). } 2. The CONTRACTOR will notify target area property owners t , and/or merchants of the commercial rehabilitation program,' develop a priority list of buildings to be _r painted, and identify local paint contractors. Thus information must 'be forwarded to the Department of 1 Community Development prior to any work commencirig'in 1111 Y j the target area.. 3. The CONTRACTOR will enter into a commercial facade �# rehabilitation agreement with the property owner `and/o i merchant to provide commercial rehabilitation assistance 1 within the identified target area and boundaries. is 4. The CONTRACTOR will approve all invoice submitted by the 4 t general contractor and submit a` request for pa'ymerit from the Department of Community :Development for the City'sA tr r - required seventy percent` (70%) match :amount ,within` dive GI �F l ' F !,5)' days of awarding' contract` and re'ceivi"ng th'e' p�r'wPe,) x. y wa owners thirty percent 5, ` The CONTRACTOR will 'form `a beautiflcation,coa�mtte�eh� . t con9�sta of `staff `Pc m the City' of Miami's` De'R ' . . .. ! Community ' 1)ev010pmeat, Plaaaino and ' Go+ a Eal'Qr+� tl odd j + 1 t j those propertied that are in violation of tonLng f requirements. 6. The CONTRACTOR shall advise the general contractor in a - writing that his/her bid on the proposed work has been accepted and the date in which work can coeaaente. Also; the contractor will provide the generAl contractor with a copy of the City's paint specification and guidelines. 1 t 7. The CONTRACTOR shall obtain, upon completion of the — property being rehabilitated a Certification and Acceptance of Work, properly signed bys - a) Property owner and/or merchant — 1 b) Community Development Department Representative E 41 c) Planning Department Representative and d)' CBO representative j- 8. The Policies and Procedure's manual, as" -attached herein; shall serve as working `document(guideline) for: each Community Based Organization (CBO) implementing and/or administering the commercial facade exterior rehabilitation program. 9. The CONTRACTOR will ' be required' to open .' and - maidtain " t rt separate,- -checking. - acco'unt for the durat`io`n� " of ` this" contractual agreement.' a � i 10. The CONTRACTOR will be required' to attend the monthly z i commercial facade meetings --held by Coa�aiunit'y Development, The target area beautification committee will meet the second Wednesday' of each Month of 11:00 a.m. , in the Planning` Department's'. Conference itoom oxi fi the, third floor of the City' of "Mi'ami Adiaiaistrat"io`m y _ st Buttdi'ng, 275- N:'W.' Second Stprim et. t� 11. Community Devel-opment will` Monitor: th`tf!$ca and �5A" Sty» programmatic operations- of the (Commerciaabi]'itati A , program every quarter beginning. '' The" coatrantox w112 b+ <s�r, 't. t t � ..): ..>'? required make 'a�va-ilable f inanaal' all r`ecor�i$ as `operational dgctindents S`id`i`Rhs �shal" 'ex _ A ±i �' Mti[ix G+.. i ✓L . . t+�.b�X. the period of this Agreement and for a period of two (2) years following the date of contract termination. 12. The CONTRACTOR is required to execute this Agreement within sixty (60) days of receipt from the Department of Community Development. Failure to do so will be .cause to deny contract execution with said CBO. .j 13. The following services will be allowed under the 71 auspices of the Commercial Facade Exterior Rehabilitation Program: a) Painting (include pressure cleaning, caulking, etc.) b) Signage, canopies, awnings c) Doors, windows, shrubbery, landscaping i III COMPENSATION: A. CITY shall pay CONTRACTOR, as maximum compensation for the services required pursuant to Paragraph II hereof, the amount of sixty-nine thousand two hundred dollars. ($69,200). B. Such compensation shall be paid, on the following basis'.: For. the services provided under, Section II,.:the total Y: budget amount for the CONTRACTOR is sixty-nine thousand two hundred dollars ($69,200). Unless prior approval is obtained in writing from Community Development, in no event shall the CONTRACTOR expend more than sixty-nine thousand two hundred dollars ($69,200) in the approved F target area. It is understood that the CONTRACTOR will enter into a commercial rehabilitation ;agreement' With +. the property owners and/or merchants to provide:sehvices within the constraints of the budget. The sixty-nine 3 thousand two hundred dollars ($69200) budget will be matched thirty percent by -pa pr�pjo rty, owner../merchant which, will be, paid by checX only•, maximum .amount to be ex ended P Pit' business two thousand dollars ( $1, O0) . No funds allocate4i �nderJ, � • a this Agreement shall go toward admi.nistrat iye ,coat, 'r f- Upon execution of the Agreement between the CON.TRAMA and the property owner and/or merchant, the 30% matching requirement will be due. Once the property owner and/or ti Y 1, °3 merchant and CONTRACTOR approve the completed work, the CONTRACTOR will release payment to the general contractor within ten (10) working days. The City shall 4 *, have the right to review and audit the time records .and related records of the CONTRACTOR pertaining to any payments made by the CITY.` {yl. Iv COMPLIANCE WITH FSDBHAL AND LOCAL LAWS: ' Both parties shall comply with all applicable laws, .G ordinances and codes of Federal State and local governments. V 4. GBNBHAL CONDITIONS: ^;a" A. All notices or other communications which shall or may be give 4.,pursuant to this Agreement shall be in writing and shall be delivered by ,personal service, or by registered mail addressed to the, party,. at the ..addre" y _ indicated herein o.r as the. same. may be changed fzon time to time. Such. notice'.shall- be deemed given on the" day on which personally served;. or, if :by„mail, on-,t.he fifth day after being posted or. the date of actual, . i� f' receipt, whichever.is earlier. * CITY OF.MIAMI CONTRACTOR: DEPARTMENT OF COMMUNITY HAITIAN TASK FORCE,'_ z DEVELOPMENT INCORPORATED'`' 1145 N.W. lath Street 7488 N.E. 2nd.`~Avenue, Suite A ;5 ®# Miami, Florida 33135 Miami, Florida_'.3313.8 a' _ B. Title and paragraph:, headings_, are foc coaveai+�ax r 5 4 r ,reference and are not.t-a part of Chia, Agreements z r 41 1� A =f. C. In . the event of . conflict bety�een the terms, Ag:ree�nent and as terra�s. or.. conditio4s otttaictedi Y e � r ':z n � ram• i # attached dorume}ts,, the , ter.me a th.iO egseeme.t„�h { _ rule. SSA { 1 t W i u ? stir '` � .;r , .4, .,:. t z ,..' •,ft s-!,,r irh"�fs ,ft7;, ,a.:..0 ?+^�icw � - rs: s• s �r b. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach bf the same or an other r provision hereof, and no we shall be effective unless made in writing. a E. Should any provisions, paragraphs, sentences, words or i _ 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 r modified to the extent necessary in order to conform 4; with such laws, or if not modifiable to conform with ' µ = 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. VI OWNERSHIP OF DOCUMENTS: T All documents developed by CONTRACTOR under this Agreement 1fr z1,t4 shall be delivered to CITY by said CONTRACTOR upon completion of L�. the services required pursuant to Paragraph II hereof and shall become the property of the CITY, without restriction or Y limitation on its use. CONTRACTOR agrees that all documents maintained and generated r- pursuant to .this contractual relationship between. the CITY and CONTRACTOR shall be subject to t kF all P ;k provisions of the Public Records Law Cha ter 119 Florida rFn • Statues. N,t It is further understood by an between the parties that, information, writings, map contract documents, re or s P t or aAy other � maCt.er whatsoever which is given by the' CITY, CONTRACTOR Pursuant to this Agreement, shall at al,l times the property oPerty of the , e CITY and shall not~ be used by, CONTRACTO� any other purposes whatsoever without the written 4�1'Rtsetlt Q�: , ,s. . x �7 CITY. 'r Y b,41 :t` a VII That the obligations undertaken by CONTRACTORS pursuant t6 this Agreement shall not be delegated or assigned to Any'other person or firm (unless CITY shall first consent in writing to' tht performance or assignment of such service or any part thereof by = another person or firm. Vill AUDIT RIGHTS: CITY reserves the right to audit the records of CONTRACTOR at any time during the performance of this Agreement and for a — period of one year after final payment is made under this Agreement.'_ The CITY's Internal Audits Department will audit, al1 CONTRACTORS receiving fifteen thousand 'dollars ($15,000) or more. -IX 'AWARD` OF ACREEKENT The CONTRACTOR warrants that -it has not employed'` or retained any person.-' employed by'` the CITY' '-to soli"citF� or' secure",. tid-i { _. Agreement -and' that it has' not offered to 'ay paid; or `agre'ed t`d pay any person employed —by the` CITY-' any'` fees' come i"oaioa ` resulting from'the award of this Agreement. CONSTRUCTION OF AGREEMENT: This 'Agreement shall `be construed and enforced according to the laws of 'the State of Florida. J "� Ti{tea T SUCCESSORS AND ASSIGNS:. Th'-i,'s.. Agreement ',� shall be binding . upon the parties 'a{.. •.',: ., their° `h`eir's, exe cutore, " 'legal ` representativ'8� - suc C+ Vetir[ r V ? "R, XII tNDBNNIFIDATIOM: The CONTRACTOR shall indemnify and save CITY harmless from and against any and all claims, liabilities, losses and causes of }: action which may arise out of CONTRACTOR'S activities under this t' Agreement, including all other acts or omissions to act on the part of CONTRACTOR'S, including any person acting for or on its behalf, and, from and against any orders, judgements, or decrees r which may be entered and from and against all costs, attorney*s _ fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. ' XIII CONFLICT OF INTEREST: The CONTRACTOR 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 Section 2-11.1) and the -State of Florida, and agrees that it will fully comply in all, respects with the terms of said laws. The CONTRACTOR covenants that -no person under its... employ .who presently exercises any functions or responsibilities;-, is Y F4_ connection with this Agreement has any personal financial. interests, direct or indirect, in this Agreement. The CONTRACTOR further covenants that, in the performance of this Agreement, no <4 person ,having such conflicting interest shall be employed. Any, such interests on the part of the CONTRACTOR or, its _employee;.-.x must be disclosed in writing to the CITY. The CONTRACTOR,.;in the z; Via, a performance of this Agreement, shall be subject to the more, Wig. restrict law and/or guidelines regarding ..co.nflict ofinterest' promulgated„by federal, state or local,.governments* ,r XIV u INDEPENDENT CONTRACTOR: t � ? The CONTRACTOR and its employees and 'agents shall be to be independent contractors, and not agent.a or empl'qyees CITY, and shall not attain any.. rights or benefits udder 1 1 .tiFf EstK 'I U k R rigs—" �„rt,$.k' r Service or Pension Ordinances of the CTTY, or any rights $en6rAlly afforded classified or unclassified employees; further he/she shall not be deemed entitled to the Florida Vorkeis' Compensation benefits as an employee of the CITY. i = RY TRINUMON Of CONTRACT: CITY retains the right to terminate this Agreement at aay time prior to the completion of the services required pursuant to — Paragraph II hereof without penalty to the CITY. In that event, —1i a sixty (60) day notice of termination of this Agreement shall be in writing to the CONTRACTOR, who shall be paid for those services performed prior to the sixth (60th) day after its - receipt of the notice of termination. In no case, however, -still CITY pay the CONTRACTOR an amount in excess of the total sun = provided by this Agreement, it is 'hereby understood by and between the CITYandthe. CONTRACTOR that any payments made''in=accordance`with'this'.Sectibn to the -CONTRACTOR shall be"made oaly if"said CONTRACTOR ° is nottil default under the terms' of this Agreement. If the CONTRACTOR 4 in- default, then the CITY shall to 'no` way` b`e' "obligated' and sha`11 not pay to` theCONTRACTOR any sum whatsoever. d rC avi ` NONDISCRIMINATION: The CONTRACTOR agrees that it shall not discriminate as it0 , race, sex, color, creed, national origin or handicap in co:aneetion...with its .performance under this Agreement. f WIN Furthermore that no' otherwise . Qualif e'd indi°vidual� "'shill 1,, i solely by' 'reason of ' his/her 'sex, !creed race; a origin, or h'an`dicap, be excluded from the °pacttcpatgti pia, }be ., denied' benefits 'of; or'"be subjected Co disciminatignpiander y program or;activity receiving, federal financial assiataace,i`;, ix,` t X y"f� yfh d i AA ti ., t }10 1 �; xvIt �t;110�iYY�.pR+o�CgggMEM'� ,, fa�ltpi.�A1fCB s The CONTRACTOR acknowledges that is has been furnished copy of ordinance No. 9175, the Minority Procurement Ordingnae'oi 1� the City of Miami, and agrees to comply with all applicable substantive' and procedural provision therein, including any -� amendments thereto, -1 -'I ZVIII j CONTINGENCY FUND: 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. fi DEFAULT PROVISION: :I -! In the -event that the CONTRACTORshall fair to comply with each and every term and condition of this Agreement or,. fails : Co f. perform any of the terms and conditions contained herein, then t f CITY, at its sole °opti'on, upon -written' notice" to the CONTRACTOR ,, may cancel and terminate 'this Agreement, and all' payments, Y" 1 1 advances, or "other compensation paid to the CONTRACTOR b CITY y, `j while the CONTRACTOR was in. default of'the provisions';herein contained,,*shall be forthwith returned to�CITY. i = Z$ BONDING AND INSURANCE: - i � a) During the term of `this Agreement, the CONTRACTOR shall 'F maintain bonding and insurance coverage ,in ."amouats a'a, determined by the Risk -Management Division of the ;CITY'. vtik .� Whenever applicable, the CITY shall be named asp z R .i additional 'iusur'ed. ` r , ,y•�_ b) ,, The CONTRACTOR shah ;,furniph' crertiftcatea of iar�yX#TY+ andbonding, as required,-to:�: th"e commencing any activities under thta AgFee1.40,n q ® r y> t� W? J 1 l i b ► ' x ....-. , - ,. ,. .:. _ r,. ., .. . r_ r ._ .. , .. .,.,._ .-} r, i;,, 8,..�'�i... .,, e,:i*..r��.�Sit�n.`&5�.+,,..�rn�f�� `F �1�� .l. 7 r�� - f a) All expenditures of funds will be made in accordance with the stated budget allocation as approved by:the City Commission. b) CITY funds will not be co --mingled with any other funds and that separate bank accounts and accounting records will be maintained. c) The expenditures of CITY funds will be properly documented and such documentation will be maintained. d) Periodic progress reports as requested by the CITY will be provided. e) The CONTRACTOR will be personally liable for any CITY funds expended that were not consistent with the program approved by the City Commission or any funds expended not in accordance withproper accounting__ standards as, determined by competent auditing authority. f) No activity under this Agreement shall involve political activities. 1 g) The CONTRACTOR possesses legal authority to enter into t this Agreement; a resolution, motion "or similaraction h' has been duly adopted or passed as an official act of the CONTRACTOR'S governing body, authorizing. 'the execution of this Agreement, including all „ understandings the person identified as the official...., representative of the CONTRACTOR to act in connection with the. CONTRACTOR and to provide such additional information as may be required. f XXXI µ k AMENDMENTS: J f No amendments to this Agreement shall be' binding. ;on e'# th�a r 4��h?i party unless in writing and signed bq both parties* s k a 7[Qs7` ray M1 • g {37 s y3C �Iz z l y• # XRIII a g��rres _Ac��BK�xrs: �w This instrument and its attachments constitute the sale and only agreement of the parties hereto relating to said grant and n �, correctly set forth the rights, duties, and obligations of each to the other as of its date. An 7w y prior agreements, promises, negotiations, or representations not expressly set forth in this Y`ry .�t agreement are of no force or effect. I11 WITNISS WH9160F, the parties hereto have caused this instrument to be executed by the respective officials thereunto a duly authorized on the first date above written. ATTEST: CITY OF MIAMI, a Municipal Y' Corporation of the State _ of Florida 'F BY: MATTY HIRAI CESAR H. ODIO CITY CLERK CITY MANAGBR s, s ATTEST: CONTRACTOR: 4ORP'ORA BY:TE SE RETARY SiO- ✓..'. BOARD PRESIDENT, r} SEAL APPROVED AS TO FORM AND CORRECTNESS: s JORGE L..FERNANDEZ CITY' ATTORNEY r, c _ APPROVED AS TO INSURANCE REQUIREMENTS: INSURANCE MANAGER ; 5 r 7 f �xF .. '• - -.. . ..: < ! r Zi y4J .'fix }!'Y�� re YT ! ^;i ,Y .,�.t.. ... .-. :ttt1.� ,.�nP�,'wit.srfi'.'....,:.a-..1.,.`t1�:.:=F.t:• 7w ::. } CITY OF MIAMI, FLORIDA COMMRRCIAL FACADE TREATMENT PROGRAM AGREEMENT LITTLE HAVANA DEVELOPMENT AUTHORITI* INC._-(LHDA) This Agreement entered into this day of , 19_„i 9 by and between the City of Miami, a municipal corporation of Dade County, Florida, hereinafter referred to as "CITY", and the LITTLE HAVANA DEVELOPMENT AUTHORITY, INC. (LHDA) a not -for -profit corporation of the State of Florida, hereinafter referred to as "CONTRACTOR". RECITAL WHEREAS, the Commercial Facade Treatment Program is a component of a Comprehensive Citywide Commercial Rehabilitation Assistance Facade Treatment Program; and WHEREAS, this program was approved in the Fourteenth (14th!) Year Community Development Block Grant Application by Resolution No. 88-384; and WHEREAS, the City Commission passed Resolution No. 88-502 authorizing the City Manager to execute a contractual,,, agreement with the CONTRACTOR; and WHEREAS, the CONTRACTOR has been allocated .eleven thousand two hundred dollars ($11200) for the LITTLE HAVANA target area; and WHEREAS, the eligibility for assistance will be ?for `those n;. businesses located within the specified'target-area boundaries asf outlined in the:Policies and Procedures Manual; �r a NOW, THEREFORE, in consideration of the promises anti the f `r [} .. mutual cavenants and obligations herein contained, NandiZ ubetpo the terms and` conditions hereinafter stated; 'the. `parti.sshere>rQ �;� understand and agree, as - understand fit s jk411,11" * g. . ■ K{ i F S i Z {• 1{` .`ctiFi§y¢ i' 1{' lllNfi UI t l The term of this Agreement shall commence on be_dpmbet._,ts. 19-88 and terminate June__ 30, 1989e Upon termination of this Agreement, the CONTRACTOR agrees and understands thAt the-CTTV has no obligation to renew this Agreement. tt SCOPR or sawiosS CONTRACTOR'S scope' of services will include: 1. The CONTRACTOR agrees to carry out the project in a lawful, satisfactory and proper manner, in accordance with the written policies and procedures, and requirements 'as prescribedin this Agreement -".As set forth by the ° City of Miami's Department of 'Community Development (DCb). �r 2: The CONTRACTOR' will notify target area property 'owneis- it and/or merchants' of the commercial' tehabil'itatioti` i' t. program, develop; a` priority :List of buildings Co be A 1; painted; and identify local paint contractors. :This' �l information' `must be 'forwarded to the Department of �i Community Development' prior to any work Comc�e`nc'ing in t 1 F _f the target areae 9. The CONTRACTOR 'will enter into a commercial` facade.' rehabilitation agreement 'with the 'property' o' ir�; andlor` merchant to provide commercial rehabiLitat-i°on asg`is"tance, within''the tdentified- target area "and 'boundaries. 4. The CONTRACTOR will approve all invoine 9 b4it�teA by the ' general contractor and submit a request` for payment "from'' yx the Department of Community: Develop`merit fbr Ci'tyte x ib ]t.. ,as required' seventy. 'percent (70X`)`'-match am ant within fives yt a x rr r� tIA (5)''`day8 0f''awarding: coatract and` rece3vitig, t�hezprvpe� 7�, u owners''thicty percent (30x).k",cs>,#'s`. s 4 s 5. The' CONTRACTOR`, wilt form a beautif cat Qn ama 1t 'a� -ijt t s j cons of staff:' front the City of `Miapii'e�'�ltep s w- 1}t t ,� romm ai e`ve m c erit f k } y h * _ _ Y'. A The function of this committee will be to approve color and design schemes for the area as well as identify i those properties that are in violation of zoning requirements. '- S. The CONTRACTOR shall advise the general contractor it! writing that his/her bid on the proposed work has been } accepted and the date in which work can commence. Also, the contractor will provide the general contractor with. a copy of the City's paint specification and guidelines. 7. The CONTRACTOR shall obtain, upon completion of the Y, property being rehabilitated a Certification and Acceptance of Work, properly signed by: a) Property owner and/or merchant J{ b) Community Development Department Representative c) Planning Department Representative and d) CBO representative 1 8. The Policies and Procedure's manual, as attached herein, - K };, shall serve as Working document (guideline) for each I. r' • Community Based Organization (CBO) implementing and/or r t.b administering the commercial facade exterior,Y— irehabilitation program. j 9. The CONTRACTOR will be required to open and maintain a separate checking account for the duration of this =i contractual agreement.;_ - 10. The CONTRACTOR will be required to attend the monthly. — commercial facade meetings held by Community Development. The target area beautification committee 4� will meet the second Wednesday of each month `at.Il:00 ' �• a.m., in the Planning Department's Conference Room qn � j, the third floor of the City of Miami Administratioa'� .' Building, 275 N.W. Second Street. It. Community Development will monitor the` Fiscal programmatic operations of the Commercial R•ehabilit4 --4ti; �sv „ program every quarter beginning. The contractor ". ': i i • -.. i ! .�.. _ required to make available a1.1 Einaacia1 records as operations) documents. Said right shall, ea t y� .1 V •y+v y ! i. v-�`;t+ ey}jy '. cn y4e.. t�'S+ {Fr4-[ Community Development. Failure to do so will be cause to deny contract execution with said CBO. 13. The following services will be allowed under the auspices of the Commercial Facade Exterior Rehabilitation Program: a) Painting (include pressure cleaning, caulking, etc.) b) Signage, canopies, awnings - c) Doors, windows, shrubbery, landscaping III COMPENSATION: A. CITY shall pay CONTRACTOR, as maximum compensation for. the services required pursuant to Paragraph II hereof, the amount of eleven thousand two hundred dollars` ($11,200). B. Such compensation shall be paid on the following basis: For the services provided under Section II, the total:. budget amount for the CONTRACTOR, is eleven thousandtwos" hundred dollars ($11,200). Unless prior. approval. is obtained in writing from Community Development, in no event shall the CONTRACTOR expend more than eleven; thousand two hundred dollars ($11,200) in the approved target area. It is understood that the CONTRACTOR.. will enter into a; commercial rehabilitation agreement,- with" the. -property owners and/or merchants to. provide, services >kgj within the constraints of the budget. The eleven = �--� y thousand two hundred ,dollars ($11,200) budget will be>lI �- matched thirty percent (30%) by participating prop rty` �xrh owner/merchant which will b"e paid by:check only. The � - ,,... � -', ..,. , . �, .- ;. '_ 3 _.`._ r: 'fi' ` ' r � �i N � {ti 'fit ��-�. 4 {-'•jt� y 7� maximum amount to be expended per busineas addre$o 1� two thousand dollars ($1,,490) . No funds allocated this Agreement shall go toward administrative i _- Upon execution of the Agreement between the CONTRACTOR ?` and the property owner and/or merchant, the 30% matehittg requirement will be due. Once the property owner and/or merchant and CONTRACTOR approve the completed work, the CONTRACTOR Will release payment to the general contractor within ten (10) working days. The City shall have the right to review and audit the time records and related records of the CONTRACTOR pertaining to any payments made by the CITY. IV COMPLIANCE WITH FEDERAL AND LOCAL LAWS: Both parties shall comply with all applicable laws, ordinances and codes of Federal State and local governments. V 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 is registered mail addressed to the party .at .the ,addiess 4+ indicatedl herein or as the same may be changed frou time to time. Such notice shall be-deemed..given on the day on which personally served; or, if by mail, on. the =' fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI CONTRACTOR: DEPARTMENT OF COMMUNITY LITTLE HAVANA DEVELOPMENT 4 DEVELOPMENT AUTHORITY, INC. 1145 N.W. llth Street 970 S.W. First.Street, SuiteA40 Miami, Florida 33135 Miami, Florida•33.130 B Title and paragraph headings are :for conv.enlar►t yam; ag reference and .are not a part. of , this A reement4. "h F g C. ` In,the sweat of conflict: between .the t�rffi� o� Ch�� ;park 1 F k .3 Agreement and -any tests.' or condition'a conttai�edt1�my{et `. at`Cached documents,the . t+e rms: Chia . Agre�nlent`eh+�,ll z ��f rule. ' f4� ,rat .t•.'. !4 t r•?fi-�'��jj'x^ yt� ,k Y 1 tti I fYe ` • . u r .. .. ... - __ ., ... - 1 at. t ,.. _,a., hls�_�w4r. t 17S}t+M1 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 6 Should any provisions, paragraphs, sentencesi words ax. 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 ji of Florida or the City of Miami, such provisions, kF paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to, conform with such laws, or if not modifiable to conform with. such laws, then same shall be deemed severable, either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. V1. OVNZRSRIP OF DOCUKENTS: All documents developed by- CONTRACTOR under.- this :Agreement, W shall ...be delivered to CITY by said, CONTRACTOR :upon - completion,,,qf,---- the services :required pursuant to Paragraph- 11., he,reoU and -,shall' or .,��_ become: the property of the CITY, without restr1.ct1on:-., limitation on its use. CONTRACTOR. >agrees that all documents maintained and generated pursuant to this contractual. relationship between the CITY and CONTRACTOR shall be subject all provi'sions of the Public Records Law, Chapter 119, Florida, Statues. 'A 4t is..further understoodfby.an between the parties. that Any. information, writings, map contract documents, reports or: any ,other matter whatsoever which is given by the -CTTY to : ,- CONTRACTOR, gursuant;. to this Agreement shall at. all ,', times rema t . - tby the ptopertyof:,�the; CITY:And s h A 11..", beused��.,CONTR not d T'd k, 4� f , ...... M, tta any other..,.pyArposes: whatsoever without-:fth. WrA C11TY. �!J, -u, J Vtt hl�b�t�.BDAstLt'T'�: 1 That the obligations undertaken by CONTRACTOR pursuAnt to this 'Agreement shall not be delegated or assigned to any other person or firm unless CITY shall first consent in writing to th' i = performance or assignment of such service or any part thereof by another person or'firm. VIII a 1 AUDIT &TORTS: CITYreserves the right to audit the records of CONTRACTOR i at any time during the performance of this Agreement and for a. period of one year after final payment is made under this Agreement. The CITY's Internal Audits Department will audit all CONTRACTORS receiving fifteen thousand dollars ($159000) or more.. is AVARD' OF AGiBRMST The CONTRACTOR warrants that it has not em to ed oc' re`taiiietl r any `' person ' 'empl`oyed by' `' the 'CITY to solicit or' secure 81,t. Agreement and that it" has not'`offered�to pay,`paid;''or agreed to pay any person employed by the CITY anq'`fee cammission� 1 resulting from the award of this` Agreement.ws CONSTRUCTION` OF AGRRBNBUT: This Agreement shall be construed and enforced according `to � the. laws of 'the 'State of 'Florida. ' ` K J2F3 SQCCBSSORS AND ASSIGNS:10 l `- --This =Agreement" shall be bindings upon the part e haz i�►,;`�� i.�r .heirs, le a"1 kre` slu0eea .,qr,i the exeeutora resentativea" ' g p +r'i, -As $ns.: .nary - 1-i .713 yex tr ! f K M 4`A — t INDINNIFICATION: The CONTRACTOR i and against any and ! l action which may ari i Agreement, including part- of CONTRACTOR'S behalf, and, from an which may be entered such claims, or in the investigation thereof. CONFLICT OF INTERESTS The CONTRACTOR is aware of the conflict of interest laws,,of the City of Mi,ami.,(City of Miami Code Chapter 2, Article V), Dade County. Florida (Dade County Section. 2-11.-1) and the•., -State of.. Florida, and agrees that it will fully -comply, in all -:respects with the. terms of said _laws. The CONTRACTOR covenantsthat, no.., person under.; its ' empl,gy wha presentlyexercises any functions or responsibilities:, is connection with., this: Agreement has any personal financial t :. w -� interests, direct or indirect, in this Agreement. The CONTRACTOR further covenants that, in the performance of this Agreement, na LIMP� person., having such conflicting interest shall be employed. Any such interests.oa.,the pact of the CONTRACTOR. or.;:its,.;employee, must be.disclosed in writing to the '.CITY.. The:CONTRACTOR,.i_n the; L, P.erf,ormance of, this Agreement, shall .,be ;subject -: to the more — restrict. •law and/or guidelines regarding; conflict of ., d ntereat promulgated .by ,federal,, state or. local,-gover-nmenta.,: i, g a +f.t"5 i INDEPENDENT, CONTRACTOR:. , The CONTRACTOR and its-employees"and agents ahaI .be to be independent contractors and. not agents oc : emp�Ay4�ee��f �'.' CITY, and ahall-not attain any rights oar beneft,tsr nndetc ;t" x�► , ; t ,t 1 yyr fit`, wR Fxf { r ti `. .-,S` rr 'HSaykr3trn xrk x�„ta-..i: gene'. ally afforded classified or unclassified employees; further he/she shall not be deemed entitled to the Florida Wor'k.ers` Compensation benefits as an employee of the CITY. XV TBRNtNATION OF CONTRACT: CITY retains the right to terminate this Agreement at any i -�M time prior to the completion of the services required pursuant to i Paragraph II hereof without penalty to the CITY. In that event, a sixty (60) day notice of termination of this Agreement shall be I} in writing to the CONTRACTOR, who shall be paid for those { services performed prior to the sixth (60th) day after its receipt of the notice of termination. In no case, howeve'r`, will CITY pay the CONTRACTOR an amount in excess of the total sun provided by this Agreement. It i1i hereby understood by and between the CITY and the. CONTRACTOR that any payments. made in accordance with this 'Section to the CONTRACTOR 'shall be made only if said "CONTRACTOR is `riot in default under the terms -of this Agreement." If `the. CONTRACTOR ,is in -default' then the CITY shall in -no--way be obligated ` and';'sha111 not pay to the 'CONTRACTOR any 'sum whatsoever. > XVI =y NONDISCRININATION: The CONTRACTOR agrees that it shall not discriminate as to race, sex, color, creed, national origin or handicap in connection with its performance under this Agreement. Furthermore that no otherwise` `qualified "individual ` sha13, `r,r - ' solely by reason of his`/her races" sex, • color;-' creed', ` rlat-ioaal' .. t origin, or handicap, be excluded; from °-the patticipation4 denied benefits of,. �:or - be. subjected` to discriminatiox:,under at1'xy, xo ram orj act'ivit re'ce'iving :Federal financial assistatica. p $ y 4 a r t -t ir'.�• 4�IF � . - n-.r r`4 ti�5 axf P } 7IY'II ix .;. MINORITY PROCUREMENT AOMPLIANCE6 The CONTRACTOR acknowledges that is has been furnished a copy of Ordinance No. 9775, the Minority Procurement Ordinance of = i the City of Miami, and agrees to comply with all applicable substantive and procedural provision therein, including any amendments thereto. aVII1 CONTINGENCY FUND: 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., X11 DEFAULT PROVISION: In the event that the CONTRACTOR shall fail to comply with, t 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 to the CONTRACTOR -notice _ may cancel and terminate this Agreement, and all payments - advances, or other compensation paid to the CONTRACTOR '-by CITY;, while the C"ONTRACTOR, was in defaults of the provisions herein contained; shall be forthwith returned to CITY. ag BONDING AND INSURANCE: a) During the term of this Agreement, the CONTRACTOR shall maintain -bonding and insurance coverage , in amouate " SA &t�yf'Hry determined by the Risk Management Division of Whenever applicable, the CITY shall be . named as an e Y a KT�t • additional insured J y�ng is A b) The CONTRACTOR shall furnish certificates.- of i,pxeDc¢�� r' and bonding, as required, to the CI'Y s , commencing any activi,ti.es unde.c this A;xeennt.,�� 0. to N s..Z...., - t ...: ,. .__ ... ., ... A.. i. r 1 _ 5 XX I i9SUIsMS . AND ClITIVICATIONS t The CONTRACTOR assures and certifies that: a) All expenditures of funds will be +eade in accordance with the stated budget allocation as approved by the _ City Commission. b) CITY funds will not be co —mingled with any other funds and that separate bank accounts and accounting records will be maintained. c) The expenditures of CITY funds will be properly } 1 documented and such documentation will be maintained. d) Periodic progress reports as requested by the CITY will, ! be provided. e) The CONTRACTOR will be personally liable for any CITY 1 funds expended that were not consistent with the program approved by the City Commission or any funds expended. not in accordance 'with proper accounting standards ag determined by competent auditing authority. f) No activity under this Agreement shall involve political activities. g) The CONTRACTOR.possesses legal authority to enter: iato �h this. Agreement; a resolution,. motion"or 'simil`ar action has been duly adopted or passed as an official act',: of',... _ the CONTRACTOR'S governing body, authorizing. execution of this Agreement, including all identified as the understandings the person official representative of the CONTRACTOR to act in conpection with the CONTRACTOR and to provide such additional information as may be required. y K y AMENDMENTS: No,,-amendlent s to this} Agreement shall be. binding on eit�#e�1�� •.. • party unless in writing and ,signed by _both parties._ Is 9 .yiar YL 11 ! �� . —__ 'ti'� •'-. r d. . .. a :e ...-ti.i1.. Y .. ✓.i.r: 3,j1.. r.•,h-.({... __ ., ry'.. fsb yit.'R � + +�• ;:�iY, .IP��i�14i1 .. - - W= 9SMI A.0,111KINT.S.6 �A1 it This instrument and its attachments constitute the sole and only agreement of the parties hereto relating to said grant and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promisest negotiations, or representations not expressly set forth in this agreement are of no force or effect. ATTEST: CONTRACTOR: BY: CORPMATE, SECRETARY.• RES1 B WEKRD—f,P1 DWT SEAL APPROVED AS 'TO FORM AND CORRECTNESS: Is JORGE L. FERNANDEZ CITY ATTORNEY A .1, vw z APPROVED AS TO INSURANCE REQUIREMENTS: IN frdd 'j.'J -I NSU RANC9,JNA$AQF N - . . . . . . . . . . 'N1 'n, A�RFERSON BOARD 0 pI; 4 � u t ' ' l F S CITY OF MtANI, FLORIDA _ COMMERCIAL FACADE TREATMENT PROGRAM AGREEMENT t ST. JOHN COMMUNITY DEVELOPMENT _ CORPORATION ,_- INC(SJCDC) This Agreement entered into this day of - , 19�1, by and between the City of Miami, a municipal corporation of Dade County, Florida, hereinafter referred to as "CITY", and the ST. JOHN COMMUNITY DEVELOPMENT CORPORATION, INC. (SJCDC) a not -for -profit corporation of the State of Florida, hereinafter referred to as ry= "CONTRACTOR". n RECITAL ' WHEREAS, the Commercial Facade Treatment Program is a F I component of a Comprehensive Citywide Commercial Rehabilitation s �k Assistance Facade Treatment Program; and WHEREAS, this program was approved in the Fourteenth (14th) t Year Community Development Block Grant Application by Resolution ' No. 88-384; and r U -. WHEREAS, the City Commission passed Resolution No. authorizing the City Manager to execute a contractual agreement with the CONTRACTOR; and WHEREAS, the CONTRACTOR has been allocated nine thousand` eight hundred dollars ($9,800) for the Overtown target area; and Jt WHEREAS, the eligibility for assistance will be for those k .li businesses' located within the specified target area 'boundarles ak outlined in the Policies and Procedures Manual; K 3a . -, ., ... 't yt7 k L A xn �E' mi CSH NOW, THEREFORE, in consideration of the . proa��.ses ` and' try 3' mutual covenants and obligations herein contained, and s`ubjeG�, the terms and conditions here.ina teri.stated the p$rti4�' lire 1�1 _ understand and ...i..,:. :.:r ,i .,.. ,: .. .::c . •, _,A.,a--.� ' :. r rQ it f a 2r, : Y �,.�'�rt i%`�`ik'..�a,t- s��_t'4��h� I TIRK: The term of this Agreement shall commence on De-eeaber:-_.l_1, 1988 and terminate June 30, 1989..Upon termination of this Agreement, the CONTRACTOR agrees and understands that the „CtT'Y has no obligation to renew this Agreement. II G 3 SCOPE OF SERVICES: t CONTRACTOR'S scope of services will include: 1. The CONTRACTOR agrees to carry out the project. in a lawful, satisfactory and proper manner, in accordance. with the written policies and procedures, and 1 t requirements as prescribed in this. Agreement, as set forth by the City of Miami's Department., of Community f. j Development (DCD). -= 2. The CONTRACTOR will notify target area property owners ' and/or merchants of the commercial rehabilitation, program, develop a priority list of. buildings to, be. painted, and, identify local. paint contractors. ` information.. must, be forwarded to the Department - Community ,Development prior, to any work commencing ia: the target area. ;Y? 3. The CONTRACTOR will enter into a commercial facade;.>. rehabilitation. agreement with. the property owner and - merchant to provide commercial rehabilitation assisa,ance,.- within the identified target area and boundaries.e 4. The CONTRACTOR will .approve all invoice,submitted- by the general contractor and submit a request. for,,.payment •._from: the Department of Community. Development fob the Ci;t�'s required seventy percent ;(7AX)-match amount, within (5) days" of Awarding contract grid receiving, tl}e _ropr�)► ;�4. owners thirty percent(Ox,) •� K� v`: 5. The CONTRACTOR will form ,a besotifi�ca ipn a,otsmi to i, ,f consistsof staff fropt the:; City Community Devel.p:aent-� Pl:agni,i�g `ant Ogre R rep a the contractor will provide the general contractor"Oith a copy of the City's paint specification and guidelines. 7. The CONTRACTOR shall obtain, upon completion of the property being rehabilitated a Certification and Acceptance of Work, properly signed by: a) Property owner and/or merchant -ti b) Community Development Department Representative c) Planning Department Representative and d) CBO representative j 8. The Policies and Procedure's manual, as attached herein; shall serve as working document ('guideline)--for`-each Community Based Organization (CBO) implementing and/or administering the commercial facade" exterior rehabilitation program. 9. The CONTRACTOR' will be required to open and maintain -a v separate checking account for `the `'duration of this contractual agreement. r 10. The CONTRACTOR will be required to attend the monthly commercial'° facade meetings held by' Community Development. The target area beautification' commit"tee will meet the second Wednesday of each month at �1:01) a.m. , in the Planning Department's Codferenc`e Room oa 3 {°t :x the third ,floor �of the City of Miami` Adta'iaistratigtt Building, 275 to Second Street." r ' 11. Community Development will _monitor' the`, fi�6ttl abd programmatic operabians of the 'Commercial 'Rell�bi`1`itatb4 x€� w, x program every' quarter beginatig.' "The' aori,,V acto r. 1'tjs! required to make available all Inanc141 `CecQrd#'!-A. se `operational documents.` Bald ^}y4 t k j y� rg, - f1 i following the date of contract termination. 12. The CONTRACTOR is required to execute this AgPoeMWit within sixty (60) days of receipt from the Department of Community Development. Failure to do so will be cause to deny contract execution with said CBO. 13. The following services will be allowed under the auspices of the Commercial Facade Exterior Rehabilitation Program: a) Painting (include pressure cleaning, caulking, etc.) b) Signage, canopies, awnings c) Doors, windows, shrubbery, landscaping III COMPENSATION: A. CITY shall pay CONTRACTOR, as maximum compensation for the services required pursuant to Paragraph II hereof, the amount of nine thousand eight-; hundred; dollars- ($9,800). B. Such compensation shall -.be paidi on: the following basis:.: 5 For -..the services: provided under- Section II, .the tota.11. budget amount ;for the -,CONTRACTOR: is nine,thousand eight. hundred dollars ($9,800). Unless prior approval is ` y= obtained in:. writing from , Community Development, in too. r' event shall the CONTRACTOR expend more than nine; thousand eight hundred dollars ($9,800) in the approved <: f; target. area. It is understood that theCONTRACTOR will ` rl enter into a commercial rehabilitation agreement with,> the property owners and/or merchants,.to-provide'. eraices within the constraints of: the .budget. The nine'..;thousand yr i=i eight hundred -dollars ($9,,800) .bud get..wili,,be matched thirty-. :percent:(30$) by. _ par.ticipatingproperty owner/,merchant which, .wi11 be paid : by , :check only+ maximum, amount,,to _bey .expended per business tad reas�,�,�Y m two .,thousand dollars ($1, 400) No funds allocatodt gnd+et;_�� this. Agreement shall go toward admnigstrative oQ'st�t}'F �- r „ its J . .1�E S Upon execution of the Agreement between the CONTRACTOR and the property owner. and/or merchant, the 30% matching requirement will be due. Once the property owner and/or - Merchant and CONTRACTOR approve the completed work, the CONTRACTOR will release payment to the general _ contractor within ten (10) working days. The City shall have the right to review and audit the time records and r, related records of the CONTRACTOR pertaining to any payments made by the CITY. = IV COMPLIANCE WITR FEDERAL AND LOCAL LkWS: a; Both parties shall comply With all applicable laws, ordinances andcodesof Federal State and local gogernnents. {{ ;j • j V i i G8NZRkL CONDITIONS: ` i - -� A. All notices or other communications which shall or, may 4is be;given•pursuant to this Agreement shall be in writing f zr r d�. and shallbe delivered -;by personal service, o_r ,by ; registered mail addressed to the party at he address `n indicated - herein, or -as the , . same may be changed frog time to -time. Such notice. shall.. be.,deemed.given- on the day .on which personally served; .or, if .by,,mail, on the n _ �. Y�g fifth day after bein of.,.actual s ! y being,,,posted or the daten7 i receipt, whichever is earlier. CITY OF -MIAMI CONTRACTOR: DEPARTMENT OF COMMUNITY ST_. JOHN COMMUNITY DEVEL609MOT N; DEVELOPMENT CONFERENCE, INC. 1' 1145 N.W. 11th Street 1324 N.W. Third Avenue f Miami, Florida 33135. Miami,.,,.Florida., 331.2 �' t i $. Title and paragraph g ,.head in s .;_, are for .convenieat� ,d refere,nce ,and .are .not a part.:: of ., this, Agreement. 5�t u rho. y�4 _ Rt` jP e C. Ia the event o,f- .•cgnflic.t between ;the terms P Hof t . LL Agreement-.and',terms .,or;.-,�onditio.ns •:conrai�eo attachpd documents, ; the- aerms th.s Ageeaoa�hm: { rule. t ii ,r h y rh b. 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. B. 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 deeded modified to the extent necessary in order to conform`. with such laws, or if not modifiable to conform with such laws, then same shall be deemed severable, and:in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect.- k VI a oVnZRSRIP O! DOCUIMNTS: ' I, All documents developed by CONTRACTOR under. this. Agreement'. shall be- delivered to CITY by said CONTRACTOR upon completion of li the -.-,services required pursuant to Paragraph II hereof and ,shall. ! become the property of the CITY, without restriction or:,;; limitation on its use. CONTRACTOR agrees that all documents maintained and generated pursuant to this contractual' r relationship between the CITY and CONTRACTOR shall be subject to all provisions: of the Public Records Law, Chapter 119, Florida.4 Statues. ism It is further, understood by an between the parties- that it, information, writings, map contract documents, reports or-:amy H- other matter whatsoever Which ;As given by the CITY:.t- 2ihe;. � CONTRACTOR -pursuant to.: this "Agreement shall at all > times rema the property, of the CITY and :shall. sot be ..used -by CONTRACTOR? aay:;: other.: I.,whatsoever without .the ,Written cot, ,o of 4- iJ, CITY• I I .l Sh Il'3t SxS+} i vie NbUn1�#.'E6ADiLi�t z -. That the obligations undertaken by CONTRACTOR pursuant tb this -Agreement shall not be delegated or assigned to any Other j person or firm unless CITY shall first consent in writing to'-thm = performance or assignment of such service or any part thereof by another person or.firm. VIII AUDIT RIGHTS: CITY reserves the right to audit the records of CONTRACTOR at any time during the performance of this Agreement and for a period of one year after final payment is made under this Agreement..; The CITY's Internal Audits Department will, audit.'. all I CONTRACTORS receiving fifteen thousand dollars ($15,000) or,more. ! IZ .. �f- AWARD.OF AGREEMENT.: - The CONTRACTOR warrants that it. -has, net employed, or: -retained ;, = i 1 any; , person , employed by_ , the, CITY to solicit. or secure; this !' Agreement and that, it;, has., not ..offered„ to pay, ;paid, or, agreed ; Co T i; fee, pay any, , person employed by the CITY,, any-.. ' •. compiss,loa;, resulting from -the award of this,Agreement. Z CONSTRUCTION OF AGREEMENT:.- This Agreement ,shall be. construed and enforced accordIng to _. the. laws of the -.State of. Florida..,,_,,, 1{ ZI�- MifllJF��1 SUCCESSORS -.AND _ ASSIGNS: This Agreement ; @hall be bindiag. upon, the parties hereie ,,:�' their :hair$-, . eecutor;s. P �#8�►l PAARP sxuce�sSrd. r �sr1�'m ' 1rr� y 7a.� tr •S[xf. , E # " i A +'i t,= ✓ YS L � t r .S.(� l .�. iY � T 1 %P`�'9w u(/+ �T,� � - ` L 5 t✓{ 'i ! Y I i qJ 11 �i1f 3`W.Y. ----- i- IllD!!li�ItyiCAfibli: ! a 'The CONTRACTOR Shall indemnify and save CITY harmless'tt6at - and against any and all claims, liabilities, losses and causes of action which may arise out of CONTRACTOR'S activities under this - j Agreement, including all other acts or omissions to act on the s, part of CONTRACTOR'S, including any person acting for or on its behalf, and, from and against any orders, judgements, or decrees which may be entered and from and against all costs, attorney's y fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. - Kill CONFLICT OF INTEREST: u' The CONTRACTOR 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 Section 2-11:1) and the State of f: Florida, and agrees that it will fully comply in all respects t • With the terms of said laws. } `The'CONTRACTOR covenants that no person under its employ Who, �r presently exercises any functions or responsibilities in 1 connection' with this Agreement has any personal financial interests, -direct or indirect, in this Agreement. The CONTRACTOR_ rrf.^ further covenants that, in the performance of this Agreement, .no {f: Person: -having such conflicting interest shall be employed.,. Any such interests on the part of the CONTRACTOR or its employee, sf must be disclosed in writing to the CITY. The CONTRACTOR, in performance of this Agreement, shall be subject to the more restrict` `law and/or guidelines regarding conflict off` iarerest 1� - promulgated` by federal, state or local- governments.} zlv ��r r INDEPENDENT `CONTRACTOR: ,'�` -t The CONTRACTOR and its employees and. age.ats shall be ds�e1`' K .: to be independent contractors, and not. agent`s or; enplayeep �,o`'yy" ' CITY, and shall sot attain any -rights or benefit$ undaV's £ i �+•, - �R ` 8 he/she shall not be deemed entitled to the Florida Workera' Coupeneatidn benefits as an employee of the CITY. ZY TERM WATION OF CONTRACT: CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to Paragraph II hereof without penalty to the CITY. In that event, a sixty (60) day notice of termination of this Agreement shall`be in writing to the CONTRACTOR, who shall be paid for those services performed prior to the sixth (60th) day after its receipt of the notice of termination. In no case, however`'Will CITY pay the CONTRACTOR an amount in excess of the total sum. provided by this Agreement. It. is...hereby understood by and between the CITY and the -� CONTRACTOR that any payments made in accordance with this Section to the . CONTRACTOR shall be made only if said `'CONTRACTOR' ii- not default under the terms 'of 'this- Agreement. If the CONTRACTOR' is in default, `then the: CITY shall 'in :no way be obligated and • shall not pay"to,the CONTRACTOR any sun whatsoever. ,rr XVI ., r NONDISCRIMINATION: �. The CONTRACTOR agrees that it shall not discriminate as to race, sex, color, creed, national origin or handicap in connection with'-its.performance under this Agreement._ _ Furthermore that no otherwise qualified' individuaYl `.stall, 3 solely by reason of his'/her race sex, color; creed,`'natYona�; origin, or: handicap,` `'be''excludedromthe' parri°cipation i:l be ' „ — y' denied benefits= of , or b�e'�subjected 'to d16*6 In nit ion uaxderait�` program or activity receiving -federal financial'`aeaistaaue. � .y ' �CM.�Y`a,k�:j-. ••,, y; may. , j`.i1 C .f J I. Fi Yr+ h.Piit�r f�43f �AY t • , f '-pv: G g+NT ii2Yi :i,1F�31Y ..�. _:• f r s T �e avli st'NORiTZ_PROCORElIRT COMPLtANCB: The CONTRACTOR acknowledges that is has been furnished copy of Ordinance No. 9775, the Minority Procurement Ordinance of j the City of Miami, and agrees to coaplp with all applicable substantive and procedural provision therein, including any amendments thereto. XVIII CONTINGENCY FOND: 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. = x1K DEFAULT PROVISION: In the event that the CONTRACTOR 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 the CONTRACTOR sa may cancel. and, terminate this ,.Agreement, and all payments, i advances,.- or other compensation paid to the CONTRACTOR, by, CITY while the CONTRACTOR was. in, default of the provisions herein contained, shall, be forthwith returned to CITY6 ga j BONDING AND INSURANCE: N� a) During the term of this Agreement, the CONTRACTOR shall f maintain bonding and insurance .,coverage in amounts as ; 1 _ determined by the Risk, Management Division, of the,;CITY Whenever applicable, the CITY shall be neared additional insu,r:ed. b) The .CONTRACTOR shall furnish cart if irate . insuratAe t�4 and bonding, as required, to the CITY 7 y commencing any, activities uad.er, this A$reeutevl nt* 4.X{h i.�: � ...,: :. ..'. . ,'. .; `_• :::.., .... . ... <, .. +` ., .:; kt,.,�1�`s4c�,�.'R�.irtNdS.,*`+F.�v��ir,_ - X ASSUTANCISAND CRITtrICAiIONS: The CONTRACTOR assures and certifies that: a) All expenditures of funds will be made in accordance -� with the stated budget allocation as approved by the 4 City Commission. k r b) CITY funds will not be co -mingled with any other funds' and that separate bank accounts and accounting records will be maintained. c) The .expenditures of CITY funds will be properly documented and such documentation will be maintained. ~: d) Periodic progress reports as requested by the CITY will be provided. e) The CONTRACTOR will be personally -liable for any -CITY' funds expended that were not consistent with the program approved by the City Commission or any funds expended -�f not in accordance with proper accounting standards as determined by competent auditing:authority. A? f) No activity under this Agreement shall involve political r; '. qY t activities._ g) The CONTRACTOR possesses legal authority to enter into t 2y K this Agreement; a resolution, motion,, orsimil r action fF has been duly adopted or passed as an official act of , the CONTRACTOR'S governing body, authorizing the = ' including al execution of this Agreement, t understandings the person identified as the official representative of the CONTRACTOR to act in connection t f ,> (; with the CONTRACTOR and to provide such additional information as may be required. W ZZI I L AKZNDKENTS 4 No amendments to this Agreement shall be binding` on ei..... } party unless in writing and signed by both parties,. h �r fF J 2 l y ( i r' a. zaiil = EtiTt�E AGR6$ME11T'�: This instrument and its attachments constitute the sale and only agreement of the parties hereto relating to said grant and correctly set 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. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized on the first date above written. ATTEST: CITY OF MIAMI, a -Municipal Corporation of the State of Florida do BY MATTY HIRAI CESAR H. ODIO CITY CLERK CITY MANAGER ATTEST: CONTRACTOR:-,. T - J` BY CIORPORATE SECRETARjq B ARD PRESIDENT - SEAL APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ {r' CITY ATTORNEY ardq�y APPROVED AS TO INSURANCE REQUIREMENTS; t � t, xf.. r�.w� INSURANCE MANAGER t �k. F 5xy {.J y.ra. E3 �JlcS32 yy i f y� r�5kt'V 'J4 TACOLCY ECONOMIC DEVELOPMENT CORPORATIOC- INC_. (2EDC) This Agreement entered into this day of 19_ 9 by and between the City g of Miami, a municipal corporation of Dade County, Florida, hereinafter referred to as "CITY", and the TACOLCY ECONOMIC DEVELOPMENT CORPORATION, INC. (TEDC) a not -for -profit corporation of the State of Florida, hereinafter referred to as "CONTRACTOR". RECITAL WHEREAS, the Commercial Facade Treatment Program is a component of a Comprehensive Citywide Commercial Rehabilitation Assistance Facade Treatment Program; and WHEREAS, this program was approved in the Fourteenth (14th) Year Community Development Block Grant Application by Resolution No. 88-384; and WHEREAS, the City Commission passed Resolution No. 88 502 authorizing the City Manager to execute a contractual. agreement with the CONTRACTOR; and WHEREAS, the CONTRACTOR has been allocated twenty five thousand two hundred dollars ($25,200) for the Model City target 0 area; and fi WHEREAS, the eligibility for assistance will be for,<those businesses located within the specified target area- boundarlea .as n; s �a outlined in the Policies.and,,Procedures Manual; 1 F . NOW, THEREFORE, in. consideration of the promises and tYlar rq mutual covenants and .obli gatians herein contaiped, .and , eu1� jecx qxy the terms and conditions -.hereinafter stated, ..thy part#.ssil�r+str�a4�,�' understand and agree as�5k a t.. .. — TSRM: The term of this Agreement shall commence on De,eAmber_.. ;1 _.` 1988 and terminate June 30, 1989. Upon termination of this y Agreement, the CONTRACTOR agrees and understands that the Ctt has no obligation to renew this Agreement.l = SCOPE OF SI M MS: ` CONTRACTOR'S scope of services will include: e' 1. The CONTRACTOR agrees to carry out the project in,:.a lawful, satisfactory and proper wanner, in accordance with the written policies and procedures, and requirements as prescribed in this Agreement, as set — forth by the City of Miami's Department of .Community Development (DCD). ; 2. The CONTRACTOR . will notify target area property ..owners and/or merchants of ,, the commercial.;. re,habil,i,tation T' 4 program, develop a priority, list _ of buildings to: be painted,, and identify local:. paint cont,ractors...:Thin information must be forwarded to the Department of Community.;. Development- ,prior; to.. any work ::commencing in = �� the ,target area. 3. The CONTRACTOR will, enter into a commercial facadnX rehabilitation agreement with .the property owner.aadl'r merchant to providecommercial rehabilitation assia;ance within the identified.target area and boundaries.,;; f, 4. The,CONTRACTOR will approve all invoice submitted by th€ �N- _j general contractor and: submit a, request .fr,PeYment° fro- the. Department: of Community Development, for,,_Che City's required seventy ,percent.; (SOX) +Hatch amount wi hin, five'., _ (.5 ,days : of awarding;; contract and; recsivmg they P?�Petr;' f owners .thirty - perce.at ..(3Q ), S. The -CQNTRACTOQ;will. form':a. beruti£i,c.ati�►n 71 A' f f , cons of. staff Jfr'q% ,t:�}e �ritY o.,f „?�i �i i�'s= A+�R,§!n tl ¢ 3 Conm4.n ty Ue.yelPlanalr!$ d.'CR��14frIkc'�" j 1 k.n The function of this committee will be to approve color and design schemes for the area as well as identify those properties that are in violation of zoning requirements. '- 5. The CONTRACTOR shall advise the general contractor in :{ writing that his/her bid on the proposed work has been accepted and the date in which work can commence. Also, e the contractor will provide the general contractor with a copy of the City's paint specification and guidelines. 7. The CONTRACTOR shall obtain, upon completion of the Iproperty being rehabilitated a Certification and = t Acceptance of Work, properly signed by: .; a) Property owner and/or merchant b) Community Development Department Representative _ c) Planning Department Representative and d) CBO representative 8. The Policies and'Procedure's manual, as attached herein, shall serve as working document (guideline) 'for'`eath t` Community Based Organization (CBO) implementing and/or., administering the commercial facade exterior x ti rehabilitation program. 9. The CONTRACTOR will be required to open'and 'maintain a` -separate checking account -.for the duration of this: ; — contractual agreement. �' Y 10. The CONTRACTOR will be required to attend the inoathly, A' commercial facade meetings held by Community Development. The target area beautification committee- x�# i, f will meet the second Wednesday of each month at 11:00` a.m., in the Planning Department's Conference Room on J F(Z tag/ P �! the third floor of the City of Miami Administration;: r Building; 275 N.W. Second'Street. Get'' S ac`3 I 11. Community Development will monitor the fiscal ards } programmatic operations of the ,Commercial Reh4bil.ittioA:1 program every quarter beginning. The contractor wig„ bg H j igst�" p�1F(' Ru required t(i make available all f inanctal rec4rda lw as operational documents. Said right ,shall exist aUr, 3—ra -_ �.4 1. l � $?.•l.. i-i!6 r.'rr�t_a�4 —_ ,J iu r the period of this Agreement and for a period of two (2) years following the date of contract termination. 12. The CONTRACTOR is required to execute this Agreement within sixty (60) days of receipt from the Department of Community Development. Failure to do so will be cause to deny contract execution with said CBO. 13. The following services will be allowed under the -- auspices of the Commercial Facade Exterior Rehabilitation Program: a) Painting (include pressure cleaning, caulking, etc.) b) Signage, canopies, awnings `- c) Doors, windows, shrubbery, landscaping III — COMPENSATION: }' A. CITY shall pay CONTRACTOR, as maximum compensation for the services required pursuant to Paragraph II hereof, — the amount of twenty five thousand two hundred dollars ($25,200). B. Such compensation shall be paid on the following basis: For the services provided under Section II, the total budget amount for the CONTRACTOR is twenty five thousand` two hundred dollars ($25,200). Unless prior approval is '. obtained in writing from Community Development, in 'no 9, event shall the CONTRACTOR expend more than twenty five thousand two hundred dollars ($25,200) in the approved target area. It is understood that the CONTRACTOR will enter- into a commercial rehabilitation.: agreement .with r ter; the property owners and/or merchants to piovide,servicea within the constraints of the budget. The twenty five thousand two hundred dollars ($25,200):,budget wilt be �F —!. matched thirty percent (30%)' by participating prgpsrty F - owner/merchant which will be paid by check ` Thy ! {ottnlyt ; — maximum amount to be expended per business eddregs Syys ! two thousand dollars ($1, 400) . No funds_ allocated 4sgp} - this Agreement shall go toward adm14atrati.vs c,.pst� _ wi}w. x'F+ F i. K' . 'tjr t t t f a'} .; Upon execution of the Agreement between the CONTRACTOR and the property owner and/or merchant, the 302 matching requirement Will be due. Once the property owner and/or ` merchant and ,CONTRACTOR approve the completed work, the CONTRACTOR will release payment to the general contractor within ten (10) working days. The City shall have the right to review and audit the time records and related records of the CONTRACTOR pertaining to any _1 =j payments made by the CITY. IV COMPLIANCE WITH FEDERAL AND LOCAL LAWS: - Both parties shall comply with all applicable lass, ordinances and codes of Federal State and local governments. V GENERAL CONDITIONS: A. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and ` shall be delivered by personal ' servi'ce; or by registered mail addressed to the pirtk` 'at "the address indicated herein or as the same may be cbaaged`fros time to time. Such' notice shall be deemed `given 'oa the day on which personally served'; or, if by mail,1-on 'the r :y fifth''day after being posted or the:- date of : actual receipt, whichever is earlier. it CITY OF MIAMI CONTRACTOR: K DEPARTMENT OF COMMUNITY TACOLCY ECONOMIC DEVELOPMENT f DEVELOPMENT CORPORATION, INC. 1145 N.W. 11th Street 645 N.W. 62nd Street a' Miami, Florida 33135 Miami,Florida"33127 B. Title` and paragraph headings are for convenieng �t reference and are not a part of this'Agreeaent.`' C: In" the event of`' `conflict' between nhe terms° 'of Agreement and any!'terms or ccondtion's 'contaiaedi it a1i)►;;�� attached doc''uments'; the ` term$ of, thtii,'Agreemeot rule. u .. i� iA! �A tiF'4• e P -- ......:. F 1 _ D. No waiver or breach of any provision of this Agreement i" 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, voids or � s phrases contained in this Agreement be determined by At 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, 4 ;R paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conforti 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 ;y - Agreement shall remain unmodified and in full force and effect. { V I - rr OWNSISHIP OF 60CUMENTS: All documents developed by' CONTRACTOR `under' t-his'A$reement shall be', delivered' to CITY by said CONTRACTORupon` completion of " �t r� the services required pursuant to Paragraph' -II hereof and shaZh become the` property of- the CITY, without restr`cti4n or' limitation on its use." CONTRACTOR agrees that all' documents maintained and generated pursuant to this contractual relationship between the CITY and CONTRACTOR shall be subject to ,- all provisions, of of the Public Records Law, Chapter 119, Florida Y, Statues. it, is further understood by an between the parties that any =s z c.V �K . information, writings, map contract documents, reports or any other matter whatsoever which ` 'is given by `: the ..CITY to the',t� .._ CONS.RAC'�A�.;...P..tsuaat.�,:'tq°, this Agreement shall at all ,times the property- of "the CITY"' and shall, 'ndt be used, byii CONTWACTSIR" any other "`purposes -whatsoever wit'Nout the e'ritCen c.oapeat }Y� CITY 7 1 r 7 s 5aY5 `414 #0*1 %t1gkAILIT?: That the obligations undertaken by CONTRACTOR this Agreementshall not be delegated or assigned to any`dthet person or -fired unless CITY shall first consent in writing to the - AUDIT RIGHTS: CITY reserves the right to audit the records of CONTRACTOR at any time during the performance of this Agreement and for a period of one year after final payment is ;Wade under this Agreement. The CITY's Internal Audits Department will 'audit' all' CONTRACTORS receiving fifteen thousand dollars ($15,000) or more,.` AWARD 07 AGREEMENT:' The CONTRACTOR warrants that it'has not'. employed or'"retained' - any person employed by the'* CITY to solicit' or`' sec{ire Agreement and that it has not -offered to -pay, paid,'"- or agreed to I } pay any -person employed by the CITY any fee, commonr k' resulting from the award of this Agreement. CONSTRUCTION OF°AGREEMENT: This Agreement shall be construed and enforced' according to s: thelaws of the, State of Florida. ; jet z s h xI �t5 _ SUCCESSORS AND ASSIGNS: Th,s :`Ag;reeniex..` hall be binding upon the parties hntr0x►r5a t"F " "executo theirs rs, 1'ega1.., representatives-, succensorp v a`ss igns } i j Ty. f Y ,rkC r 44 k3 t 9" y+ EII " r. r�r��K�rI�tC�eta�: The CONTRACTOR shall indetanify and save CITY harmless' fitoa. _ and against any and all claims, liabilities, losses and causes of 1 action which may arise out of CONTRACTOR'S activities under this Agreement, including all other acts or omissions to act on the part of CONTRACTOR'S, including any person acting for or on its r behalf, and, from and against any orders, judgements, or di creilis 1 — which may be entered and from and against all costd, attorney'a fees,- expenses and liabilities incurred in the defense of Any such claims`, or in the investigation thereof. ZIII CONFLICT OF INTERBST: k, The CONTRACTOR is aware of the conflict of interest Taws" of the City of Mis i(City of Miami Code Chapter 2, Article V), Dade County`- Florida (Dade County Section 2=111) and the State of Florida, and agrees that`it will fully` comply =ia all res`pe'at''s`. with the terms `of said laws. The CONTRACTOR covenants ':that `no person under its 'empl'oy who" presently exercises any functions or respoasbilttiee` connection with this ``Agieement`r-has' any personal,, financial interests, direct or indirect, in this Agreement. The CONTRACTOR further covenants that, in the`'performance of this.Agreement$ no j person. having, such conflicting interest shall be employed. Any 44 —� such interests'' on the part of the `CONTRACTOR or its -'empiogee; must be disclosed in writing to -the CITY. The CONTRACTOR,' i'n the performance ` of this Agreement, shall be subject to the more ;? restrict law 'and/or' guidelines` regarding conflict of`''interest{ —i r � k p"c`o�aulgated 'by'Eedera!, 'state or loca'T governments: IND$PBNDBNT' CON?RACTQB: ?`! %5 s 1 s ire krl, The CONTRACTOR and its employees And 'agents .el an 'be ~dORl4 to be independent contractors anti aot ageants or-: emp1oyeg� 0� CITY, and shall' nor at any right, or benefits under C�►mt v ' 5 H 1 4�.r ii �'� Y r � 1, �r r, y � •�i..J.�.'it 6 Y_ruxi � t' .v ;��, �,�a - h � _ .s Service or pension Ordinances of the CITY, or any rights generally afforded classified or unclassified employees; further ' he/she shall not be deemed entitled to the Florida Workita" =. Compensation benefits as an employee of the CITY. i r i IV TIRMINATION OF CONTRACT: i CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to Paragraph II hereof without penalty to the CITY. In that event,. a sixty (60) day notice of termination of this Agreement shall be in writing to the CONTRACTOR, Who shall be paid for those services performed prior to the sixth (60th) day after its receipt of the notice of termination. In no case, however,will CITY pay the CONTRACTOR an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the CITY and. the CONTRACTOR that any payments made in accordance with this Seetio'ri' to -the CONTRACTOR shall be made 'only if said CONTRACTOR'• is 'no.t in" default under the terms of this 'Agreement. ' If` the CONTRACTOR is' 3; in default, then the CITY shall in no way be obligate an s a a not pay to the CONTRACTOR any sum whatsoever. RVI NONDISCRIMINATION: } The CONTRACTOR agrees that it shall not discriminate as race, sex, color, creed, national origin or handicap. in. connection with its performance under this Agreement. 1' Furthermore that no otherwise qualified individuai 'shall,{ w ' {� .. solely by reason of his/her' race, sex, color.; 'creed,''' natioAa�' y origin, or handicap, be 'excluded `fr'om the participation ia, ber ix� ' denied benefits 'of, 'o"r be''subjec'Ged to discv.1mination�run+d rl% a. I - 'Y 1 f t.}a �• FTV - �, program or activity receiving federal financial assiotafi'ce, y l f11i { , if . Y T , S�C, •� ' ( L ' L r�L. � M � ! r i{ l S..T.:k'.. .-. .. ,_,. . _ .. -.. .Y - . .. . . - .. .. ., tom, ..... . s..'.' Fi. _. �.hv.n...i i�. F.Sr,,, v'r�i•1"�� v The CONTRACTOR acknowledges that is has been furnished a copy of Ordinance No. 977 5, the Minority Procurement Ordinance of the City of ?Miami, and agrees to comply with all applicable substantive and procedural provision therein, including any amendments thereto. XVIII CONTINGINCT FUND: 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: ZIZ DEFAULT PROVISION: .>c. +, In the : event that the CONTRACTOR -shall fail� to comply with each :and: every: term and condition .of. thisAgreement or ^fai-1`s to f- { perform any of, the terms and conditions contained herein, then r CITY, :at its sole option, r upon written notice- to the CONTRA6TO8: may cancel and.. terminate this.:. Agreement, and all payments, advances, or other :compensation paid to the CONTRACTOR' by =:CITY 4 while the .CONTRACTOR, was in default of the provisions:r;herein contained, shall be forthwith returned to CITY. r i ~•3 i+ Ia t ?. BONDING AND INSURANCE: r 'i a) During, the; term of this Agreement, the CONTRACTOR shall: maintain bonding and insurance coverage in amounts as {z i" determined by the Riak 'Management Division"of 'the C4TX. tR,� { :Whenever applicable, the CITY shall be naigeid se a ` i additional insured. —E bjaces ,eace� &$'itar . ., ..The: CONTRACTOR shall::: fux,nish" cert"ifia of UMOUV and bonding, as required, to the: CITY' c t0 ff . commencing any activities under thisiT AgreemenC. , Tf a yti l ti r �, t►�sva�s�>ss. sr� +�si��x��a�rYo�s: the CONTRACTOR assures and certifies that: a) All. expenditures of funds will be made in accordance with the stated budget allocation as approved by tha City Commission. b) CITY funds will not be co -mingled with any other funds and ,that separate bank accounts and accounting records_ - will be maintained. c) The expenditures of CITY funds will be properly. - documented and such documentation will be maintained. d) Periodic .progress reports as requested by the CITY will be provided. e) The CONTRACTOR will be personally liable for any CITY funds expended that were not consistent with the program approved by the City Commission or any funds expended, not in accordance with proper accounting standards as ,._determined by competent auditing' authority. f) No activity under this Agreement shall involve political.' activities. g) The CONTRACTOR possesses legalauthorityto, enter into_.:, this Agreement;_ a. resolution, motion zopr; s141l'ar action has been duly adopted or passed as an official act of - = the CONTRACTOR'S governing body, authorizing the execution of this Agreement, including all understandings the person identified as the official representative of the CONTRACTOR to act in connection t. with the CONTRACTOR and to provide such additional. information as may be required. :u RZII ' k t AKZNDMSNTS:: No amendments to this Agreement shall, be` binding op eith+s4tx party unless in .writing and signed by both parties..... Xk 5 p1.2 t S J 1 iM..x..'.; it r c ENT tRE_ AGRISKENTSe ._ This instrument and its attachments constitute the sole and only agreement of the parties hereto relating to said grant and correctly set 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. y YY IN WITNESS WREREOF, the parties hereto have caused. this instrument to be executed by the respective officials thereunto duly authorized on the first date above written. ATTEST: CITY OF MIAMI, a, Municipal,,., Corporation of the State of Florida t; BY: MATTY HIRAI CESAR A. ODIO 1; CITY CLERK CITY MANAGER _ �= ATTEST: CONTRACTOR: ,r x W-77 BY- C RPORAT ECRETARY PRESZDENT, SEAL d APPROVED AS TO FORM AND CORRECTNESS:' JORGE to. FERNANDEZ - CITY ,ATTORNEY ah N APPROVED AS TO INSURANCE REQUIREMENTS: a 1, - -.INSURANCE MANAGER ;d4 - :W y x 5 � A9�ylJ7'R}!, ', T {3 1 �y�j1l ��f T•�• E ��1 t�10��. �rTt r �5 3G r � �a.1 f �l I iV ^ � �;. � r a4?w ¢ } .a ��. %R{fP-�'rH+L nFY''� � �. ��}2� ��,?I�� H��,'ssr< .K., a ?-" 3 ,±y _..•�1R+F'� t .',- "._; {. .. mPnTS�'S�i - .-'_�f -. --- desires to enter into an agreement With the City of Miami; and �Sf a �1 CITY OP MIAMI,„ FLORIDA COMMERCIAL FACADE TREATMENT PROGRAM AGREEMENT NEV WASHINGTON HEIGHTS_COMMCINITY DEVELOPMENT CONFERENCE IBC.. (NWHCDCI This Agreement entered into this day of = , 19 , by and between the City of Miami, a municipal corporation of Dade County, Florida, hereinafter referred to as "CITY", and the NEW WASHINGTON HEIGHTS COMMUNITY DEVELOPMENT CONFERENCE, INC. (NWHCDC) a not -for -profit corporation of the State of Florida, hereinafter referred to as "CONTRACTOR". j- RECITAL { WHEREAS, the Commercial Facade Treatment Program is a t- component of a Comprehensive Citywide Commercial Rehabilitation Assistance Facade Treatment Program; and a WHEREAS, this program was approved in the Fourteenth (14th). Year Community Development Block Grant Application by Resolution' No. 88-384; and f WHEREAS, the City Commission passed Resolution No. 88-502 authorizing the City Manager. to execute a contractual agreement. =h with the CONTRACTOR; and WHEREAS, the CONTRACTOR has been allocated four thousand two hundred dollars ($4,200) for the Overtown target area; and r tY WHEREAS, the eligibility for assistance will be for those` businesses located within the specified target area boundaries as'` outlined in the Policies and Procedures Manual; `= NOW, THEREFORE, in consideration of the. promises,,. and mutual covenants and obligations herein contained, and subje0t the terms and (conditions hereinafter, stated, the 1partiee hea'oy iwr understand f and agree as x. RIM, ( _'+sh Z :" •. i:".1. t,f:. s„s i Jf t_--•ch',t? "` a tl 'r TERM: a The term of this Agreement shall commence on December 1_4, 1988 and terminate June 30, 1989. Upon termination of this ! Agreement, the CONTRACTOR agrees and understands that the CITY has no obligation to renew this Agreement. X+ 1 15 . SCOPE OF SERVICES: ys,^ CONTRACTOR'S scope of services will includee 1. The CONTRACTOR agrees to carry out the project in a lawful, satisfactory and proper manner, in accordance z3 Sit with the written policies and procedures, and , E requirements as prescribed in this Agreement, as set. nY: f; forth by the City of Miami's Department of Community Development (DCD). . 2. The CONTRACTOR will notify target area property owners i ,i.• and/or merchants of the commercial rehabilitation program. develop a priority. list of buildings to be �Y painted, andidentify local- paint contractors.' This` • } t; information must be forwarded to the Department of x; �w CommunityDevelopment prior toany work commencing in`. the :target . area . 3. The CONTRACTOR will: enter into a commercial facade rehabilitation agreement with'' the property -owner aad/or` x s merchant to provide commercial' rehabilitation as41`stance'" within the identified target areaandboundaries. 4. The CONTRACTOR will approve all invoice submitted' -by general -contractor and submit a°request for payment"fromF r the Department .of Community Development' for the C� ty's �. required seventy percent- (70%) '+catch' amount within (5) :days of 'awarding -contract and'receiving` thex:pro'pert�b�s owne.rsl; thirty, pescent:.:� (30%) • � ., ,i ucaf ors e�t. zt - 5. The CONTRACTOR will, forma beautification .comm3tte'e`;fiha x y consi&ta� of staff fromthe�.City of Miaiaire'Aep�art�a to Wt nfi Community. ,Development, • Plecrii'tn¢ aad` Cgde' p♦s e — p.ru ��+<ikrs +.,�.:.rc s'�r. •+ a ..,Sr4 k "„a .. ;r.:'�. _•: r....t v ., . .' .:: ' rr., :r •.., z., x.. .-i., rr,,. �.:i# ✓.;XC., rr.; S r°�?`e•Yt+n •�"T:M��. requirements. 6. The CONTRACTOR shall advise the general contractor in' writing that his/her bid on the proposed work has been accepted and the date in which work can commence. A19o;4" the contractor will provide the general contractor w►ith a copy of the City's paint specification and guideliness = 7. The CONTRACTOR shall obtain, upon completion of the ` property being rehabilitated a Certification and Acceptance of Work, properly signed by: = a) Property owner and/or merchant — b) Community Development Department Representative c) Planning Department Representative and d) CBO representative 8. The Policies and Procedure's manual, as attached h'erei-n, shall serve as working document -(guideline) for ;eadh- ; Community Based Organization (CBO) implementing and/or administering the commercialfacade exterior' r rehabilitation program. 9. The CONTRACTOR will ' be regai-red to open' and maintain, _ sv -mmmmmmmmm — separate 'checking' account for the duration' o£ this contractual agreement. tyF 10. The CONTRACTOR will be required ' toattend the 'inonth`lq ; commercial- - facade meetings held by Comiaunit"y Development. The target' area beautification 'committee.; 3: will meet the second Wednesday of 'ea'ch month'at 11•DO': n' a.m. in the Planning"' Department's' Conference Rooa on , the third floor of' the City of Miami `' AdmiaiaratiQ£ Building; 275'N.W. Second-St:reet. ll. Community Development"' monitor programmatic' operations of the Commercial ttehab ilitatlon'��51#} X program everq Cjuarter baginning. "The Contrsccar , kg,*, required 'to'rsake' 'available ' all f ina.na-LAL ce+�c► c1S' 1a` t ' Y`t s - {L}v , 4 {1( as operational: documents..}. `"Said ri'ght,sh411r,eXvocl i�1 qN.- ,,. - �� t i t - the period of this Agreement and for a period of two ,(2) years following the date of contract termination. 12. The CONTRACTOR is required to execute this Agreement s within sixty (60) days of receipt from the Department of Community Development. Failure to do so will be _cause to deny contract execution with said CBO. 13. The following services will be allowed under the k7l, auspices of the Commercial Facade Exterior Rehabilitation Program: a) Painting (include pressure cleaning, caulking, etc.) } b) Signage, canopies, awnings c). Doors, windows, shrubbery, landscaping r III j COMPENSATION: A. CITY shall pay CONTRACTOR, as maximum compensation for the services required pursuant to Paragraph II hereof," the amount. of four thousand two hundred dollars ($4,200). ,a B. Such compensation shall be paid on the following basis;; For the services provided under Section II, thetotal;: budget amount for the CONTRACTOR is fourthousand two'`` hundred dollars ($4,200). Unless :prior approval obtained in writing_ from Community Development, in no event shall the CONTRACTOR expend more than four thousand two hundred dollars ($4,200) in the approved 4 target area. It is understood that the CONTRACTOR Will enter into a commercial rehabilitation agreement with• s`t+F ti the property owners; and/or merchants to provide services. within the constraints of the budget. The four.thou'sand' ,. riot two hundred dollars ($4,200) budget ..will be malrphed thirty percent _ (3096) " by . ParticipatinB Pr„Ap't owner/merchant which will be paid., by chee)C 4 only, maximum- amount to be expended per bµsiness ad¢res two thousand dollars "($19400) No funds "allocated this Agreement shall go toward administrative 'cost, }z,F, al r- R �4* t1,ya:4 l'2 a+.t k T r ti � ..S ! .r. .. ..... • _ ._. .. - - »_. .. .. ) • ,._ .�.T t, . .z• n.."t: S_. .§.7., ?, .. kcxef.�15.F'x�� •' Upon execution of the Agreement between the CONTRACTOR and the property owner and/or merchant, the 30% matching requirement will be due: Once the property owner andor i merchant and CONTRACTOR approve the completed work, the CONTRACTOR will release payment to the general 1 contractor within ten (10) working days. The. City #hall have the right to review and audit the time records and related records of the CONTRACTOR pertaining to any payments made by the CITY. IV COMPLIANCE VITR FEDERAL AND LOCAL LAWS: Both parties shall comply with all applicable laws, ordinances and codes of Federal State and local governments. V GENERAL CONDITIONS: t` A. All notices or other communications which shall or may. be given pursuant to this Agreement shall be in writing and shall be delivered by personal service,°'or: by' registered mail addressed to,, the,: party ,:at . the.- ;add:ress' indicated herein,. or. as the -same may be�.changed::}#rom time- to time. Such notice''`shalL. be.. deemed. '.given . on' the ` r :day on which personally served; - or, .if by: mail., ;on: .,the fifth- day after being posted or the:;: date of actuai . ' 4 receipt, whichever is earlier. CITY OF. MIAMI CONTRACTOR: DEPARTMENT OF COMMUNITY NEW WASHINGTON.HEIGHTS COMMUNITY' DEVELOPMENT DEVELOPMENT CONFERENCEa;INC_ �> 1145 N.W. 11th Street 1600 N.W. Third Avenue Miami, , -Florida 33135 _ :,Miami, Flosid.a 33412$ r- p g p g zonveni:ent , B.. Title and, ara ra h headings. are; fot . w.re£erence and :are . not ..a part of, this Agreement:.' C. In: the: ;event of. conflict. _be.tween,:,the j ? ✓ Y s Y a7�, ya'a Agreement .and '.any. terms. :or .condition$-. cottr�tinia, ti a — ;attached document$, .;:the , terms of'_: this c Ageems;ntraar tt n rule. ' _ f f ., 'ELF{•°I- ,'?'➢ F , e; the same or any other provision hereof, and no waiver shall be effective unless made in writing. R. Should any provisions, paragraphs, sentences, words or phrases contained in this Agreement be determined by a= court of competent jurisdiction to be invalid, illegal F= or otherwise unenforceable under the laws of the State ;S= f�- 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 xl 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 l Agreement shall remain unmodified and in full force and effect.. fy F i VI OWNERSHIP:` -OF DOCUMENTS: t' All documents developed .by CONTRACTOR under .this 'Agreement shall be delivered.to CITY by said CONTRACTOR upon compietioa (if y� the services required pursuant to Paragraph II 'hereof and -shall +_ become the property of the CITY, without .restriction" or' r'rt�h limitation on its use. CONTRACTOR. agrees that all documents ME maintained and generated pursuant to this contractual. s relationship between the CITY and CONTRACTOR shall be subject to _r all provisions of the. Public Records Law, Chapter 119, Florida.`. Statues. f s, It is -further understood by an between the parties that any; information, writings,. map contract documents', reports or any. other matter, whatsoever which"*,,;is given by the CITY to the;. CONTRACTOR pursuant to this Agreement, shall at all times the property; Hof,, -the CITY, and shall: no.t be,•used by.--CONTR'ACTOMlfpr .) ` f,, 71 any .other; -purposes::whatsoever without"' the'; LA CITYrk s wg '.) #11 That the obligations undertaken by CONTRACTOR pursuant to this Agreement shall not be' delegated or assigned to any other person or firm unless CITY shall first consent in x0fititig to performance or assignment of such service or any part thereof by Another person or firm. VtII AUDIT RIGHTS: CITY reserves the right to audit the records of CONTRACTOR at any time during the performance of this Agreement and for a period of one year after final payment is made under this. Agreement.. The CITY's Internal Audits Department will audit" -'all CONTRACTORS receiving fifteen thousand dollars ($15,000) or more: Ix AWAIWOF AGREEMENT: -% The' CONTRACTOR warrants that. it has``not employed or retained a iiy' person 'employed by the CITY, to solicit or: �ae'due'e, t b I A., Agreement: and that it has:%n6tofferdd- to P"ay, 'paid 10i r agreed #to pay -Any person emplo ed by the CITY `any`.feei resulting from the'award of this Agreement's X CONSTRUCTION -OF AGREEMENT: This Agreement shall be construed and enforced according-1 the: -laws* of- the'State of'FloridA. IN SUCCESSORS:AND ASSIGNS: h -IT fi i a g:reement_s all be binding upon the; patties: herA 1 Xj their h'e 1'r a c, exeut o r ii, legal, regrebehtit v e 9 Su cae M assigns;' tv, Yli 69 .7 'TV lit The CONTRACTOR shall indemnify and save CITY harmless ftbm and against any and all claims, liabilities, losses and causes of action which may arise out of CONTRACTOR'S activities under this Agreement, including all other acts or omissions to act on the part of CONTRACTOR'S, including any person acting for or on its behalf, and, from and against any orders, judgements, or decrees which may be entered and from and against all costs, attorney"$ fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. ZIII CONFLICT OF INTEREST: The CONTRACTOR 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 Section 2-1101) and the State ',of Florida, -and agrees that it will fully comply in al-l-respects with the terms of said laws. rr The -CONTRACTOR -covenants that no person under its employ'''who, r presently- exercises any functions ' or responsibilities connection with this Agreement has any personal financial interests, direct or indirect, in this Agreement. The CONTRACTOR'; 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 the CONTRACTORor its employee; , must be disclosed in writing to the CITY. The- CONTRACTOR, in ;the performance- of this Agreement, shall be subject' to the more r�E restrict law and/or guidelines regarding-'conflic't, of interest promulgated`by-federal, state or local` governments. Y, Y� A� X1V r u INDEPENDENT , CONTRACTOR: ' 1 �' The CONTRACTOR and its employees and .agents shall be deemed �} to be independent contractors, and not ".agents or employe�ea" gfrc u CITY, and shall not attain any `rights or, benefits under q «$„ Service or Pension Ordinances of the CITY, or any Bights generally afforded classified or unclassified employees; further he/she shall not be deemed entitled to the Florida Workers' Compensation benefits as an employee of the CITY. av TERMINATION OF CONTRACT: CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to Paragraph II hereof without penalty to the CITY. In that event, a sixty (60) day notice of termination of this Agreement shall -be in writing to. the CONTRACTOR, who shall be paid for those services performed prior to the sixth (60th) day after its - receipt of the notice of termination. In no case, however, will CITY pay the CONTRACTOR an amount in excess of the total sum provided by this Agreement. It is, hereby understood by and between the CITY and the CONTRACTOR that any payments made in accordance with this Section to the CONTRACTOR shall be made only if said CONTRACTOR is not in default under the terms of this Agreement. If.the, CONTRACTOR is in. default, then the CITY shall in no way obligated,.and,shall'-; ,be not pay to, the CONTRACTOR any sum whatsoever. ?. : XVI NONDISCRIMINATION: s The CONTRACTOR agrees that it shall not discriminate as to race, sex, color, creed, national origin or handicap"; .in' connection with its -performance under this Agreement. r � Furthermore that no otherwise qualified individual shal , Y` solely, by reason of his/her race, sex, color, creed, nativnal:rt —, origin, or handicap, be excluded from the,..participation.-,.17 denied benefits of , or be subjected to discrimination u:tder program 'or activity. receiving federal -financial, .. - i't ''ik.r .✓fir. F i _ �, Q t is 1 i r 1 r+ -S y.nCrJf'S C y r RV I i. ,s. t. l�tD+biitit PD`OOlq A111 ` COMMA CS ' The CONTRACTOR acknowledges that is has been furnished a copy of Ordinance No. 9775, the Minority Procurement Ordinance of the City of Miami, and agrees to comply with all applicable substantive and procedural provision therein, including any r amendments thereto. EVIII CONTINGRNCT FUND: , 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. DEFAULT PROVISION: In the event that the CONTRACTOR shall fail to comply with '' ' - .' pad• 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 the CONTRACTOR p� may cancel and terminate this Agreement, and all'.payments, advances, or other compensation paid to the CONTRACTORby, CITY tR v while the CONTRACTOR was in default of the.' provisions bereia r contained, shall be forthwith returned to CITY. a } t r BONDING AND INSURANCE: _ a) During the term of this Agreement., the CONTRACTOR-shalli maintain bonding and, insurance coveragein amounts aa: a;si determined by the Risk Management. Division Of, the CITX.�;° Whenever applicable, the ; CITY shall be named asNl,,i1 J F � L r r r�IVI 4 additional insured. b) The CONTRACTOR shall" furnish .certificates Q€a6��1�"a8,` i $s re ui�ced to the' CITX po tf and bonding, Q ►r , commencing any activ, 00.'tsndet Chis A teB �n '' J�r §gQ i a i, 1 s r r 1cSlt. a� .gM1 we-- t t - - • -�i M ASSQUCKS.&ND CERTIFICATIONS: ' The CONTRACTOR assures and certifies that: a) All expenditures of funds Will be made in accordance with the stated budget allocation as approved by the City Commission. b) CITY funds will not be co -mingled with any other funds and that separate bank accounts and accounting records will be maintained. c) The expenditures of. CITY funds will be properly documented and such documentation will be maintained6 d) Periodic progress reports as requested by the CITY will be provided. e) The CONTRACTOR will be personally liable for any CITY funds expended that were not consistent with the program approved by the City Commission or any funds expended' not in accordance with proper• accounting standards as determined by competent auditing authority. f) No activity under this Agreement''shall involve political — activities. `f g) :The' CONTRACTOR possesses legal. authority, for enter Tinton .... r. p this Agreement; a resolution, motion or similar action has been duly adopted or passed. `as an': official act Of, h the CONTRACTOR'S governing b'dy, sutlorizing the =_ execution of this Agreeement, including all: understandings the person identified se the official: r representative of the CONTRACTOR to -act inconnectioni r with the CONTRACTOR :and to provide such additional information as may be required. F -r aali AKINUMENTS No, amendments to this Agreement shall ' be.-bindIag oA er party unless in writing and signed by both .pa�rti:ea. 4 �.r^ r�a�r t� •. � z .e .. , .. ... , .. .,:, 1 .r i. . _ .. __.. ✓s%>t.c. y. 4� vEle�4 ._ _ � tattis GNI KIN ' This instrument and its attachments constitute the able and only agreement of the parties hereto relating to said grant and correctly set 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. r i IN WITNXSS WER190F, the parties hereto have caused this instrument to be executed by the respective officials thereuato duly authorized on the first date above written. ATTEST: CITY OF MIAMI, a Municipal Corporation of the State - of Florida E BY: MATTY HIRAI CESARH.' ODIO' S j CITY CLERK CITY MANAGER - t 't �zr ATTEST: CONTRACTOR: a: RETARY OA D PR SIDENT t.,, SEA f� APPROVED AS TO FORM AND CORRECTNESS: rr 2 3a JORGE L. FERNANDEZ CITY ATTORNEY t RE UIREMENTS:4 APPROVED AS TO-'INSURANCEQ 4� fi INSUjLANCE KANAGER ft k �� yr1�y��",z�x��S -' .*z'wa�sa`3� ..• c� s ,,� h` rr: h 9,. € fit., �•p. { tv'TTi,r p4 1 Ey... -uja � . ,; y is y. ts�i��";� •_• 1 jj X�j� ,d � SkS�y'tti .fc.fi• e.-e• 9G r i s b , - r-i j Q p t=•,{F? .....--. ... ,/.�J �. . : i. ,�-. °. '� . ,',.,.-_., ..,r..., ..x. .... ?1..?s�. +-�.r:. ,......... si Y_°h �+�4r� ��Fka r.. Y` i r WHEREAS, the Board of Directors at a duly held corporate meeting,.has considered the matter in.accordance with the By -Lays of -.the corporation; NOW; THEREFORE,` BE IT RESOLVED_ BY ".. THE :BOARD Oq , DFRECTOA$` that the president and aecreta.ry :,are `herebq authorized _< in§tructe'd to"'enter `into ` a contract in the name .and on` behalf of this corporation With `the City of, Mi'aiai upon they taerms contained in the proposed '.contract •'to which. thi"s resolution ,..i. attached.,: ' DATED this ,: 28th" day , of, ": NOvemEer -:/r--o��rJ/;/i. N Honorable Mayor and Members TO of the city Commission DATE Je96%AiU9'1'JJ6?uthorizjr*rg:the City Manager to enter into SUBJECT contract with, nine lat. X Community Based Organliatiol is to.implemen't-the Commercia Ejacade Treatment Program. FROM �sar H.. 04io REFERENCE City Manager URE8� ENCLOSI e Commission -Agenda. ItemMarch, '1089 RECOMMENDATION It, is, respectfully., recommended that -,the City Commission approve; the attached resolution authorizing the City Manager to ,.execu e.11. -? r, individual, _%contractual , agreements with ,,theCommuni-ty' L a -- Organizations (CBOs) listed below for the purpose.of. implementing`-_ .. the., Commercial -Facade. Treatment Program (CFTP,-)... within _... target area of -the --City of Miami. These funds are allocated. ,- Fourteenth I 14th) Year Community Development Block -Grant 19.69: 8 fund for, the,jiscal period., of ...July 1 119, Ato June 30,43 1. Allapattah Business Development Authority$ Inc 2-, Coconut ,Grove ,Local,.Development-Corporationt Inc-. 3:. .,,Pown�town Miami Business Associationg, Inc. 4. Greater Biscayne Boulevard Chamber of Commerce, Inc.,ly 5* Haitian Task,4!orqe0 Inc. Little Havana:Development Authority Inc. 7. St. John Community Development Corporation$ Inc. 8. Tacolcy EconomicDevelopment,-Corporat.iong,, Inc.., 9...: New, Washington Heights n t.,,Cpnfe.rencqq BACKGROUND The Department of Community Development (DCD) has analyzed:.--t,he�;' ment� with eed >.;� to e into a -contract ,,agree the follow g Community "... paced ,Organizations ., , e, p, g rp ,oi im emen ting�- Commercial Facade `.Treatment.:: Program respective target area to enhancecommercial businegoesand r image in : the aesthetics'.- V ' - provide a new;,. im'a the_;' theh (14th) Year Community-, V evelopp�ep , Fourteent wide allocation of, 301,_ city'' there is a 0 ,.. Facade :,Treatment, Rehabilitation.Program "City.- C4 8n April 2 8` 19 8 8, by Dmoi.fil o 600 lu t 0,01,-;�N -Met" be Approximately_-$162j4OO will' ut :ink tally f 0 Facade T-M Th:�, Commercial.�'.Fa implementation. The modifie approachto cotnmerc .al t a J:i z 4, tan$ '" - development, where: :onlyy rea, the, 4mpaqtarea of , commercial use.: "n, Honorable Mayor and Members of the City Commission ..3 CBO TARGET AREA AMOUNT BUSINESSES- Allapattah Business Development Allapattah $25,200 18 A'uthority,' Inc. Coconut Grove Local Development Coconut Grove 11,200 8 Corporation, Inc. Downtown Miami Business _ Downtown 89400 6 Association, Inc. Greater'Biscayne Boulevard `Edison/Little' 9;800 7 Chamber of. Commerce, Inc. Riven Haitian.Task Force, Inc._ Little Haiti 60,200 43 µ Little,Havana.Development Latin Quarter 11,200 Authority, Inc:, :y St. John Community Development` Overtown 7,000 7 Corporation, Inc. 3 Tacolcy Economic Development Model City 25,200 18 Corporation, Inc..: y,. New Washington Heights Overtoxn: 4°,200 3 ®' Development Conference, Inc. r The purpose of a concentrated impact concept is to improve. the = , eommercialimage rof the" businesses within the target areas; thereby, creating a better economic environment for the -merchants; in the commercial districts. It also helps to present a better,` _ physical image for the City of Miami. ko s It is hopeful that thi$ effort will bring more customers `back` into the areas to purchase goods: and servicesromthe .target, `local area merchants, /ie 2 1 ] t A .�f^ t tX�i r