HomeMy WebLinkAboutR-84-1459J-84-1196
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RESOLUTION NO. 84-1459
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH THE
TACOLCY ECONOMIC DEVELOPMENT CORPORATION, IN
A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR
THE PURPOSE OF IMPLEMENTING A $309000
COMMERCIAL FACADE REHABILITATION PAINT
PROGRAM, WITH FUNDS ALLOCATED FROM THE NINTH
YEAR COMMUNITY DEVELOPMENT BLOCK GRANT.
WHEREAS, the Commercial Facade Rehabilitation Paint Program
is a component of a comprehensive City-wide Commercial
g' Rehabilitation Assistance Facade Treatment Program; and
WHEREAS, this program was approved in the ninth year
Community Block Grant Application by Resolution No. 83-334; and
�z: = WHEREAS, the City Commission passed Resolution No. 83-0134,
authorizing the City Manager to execute contractual agreements
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with neighborhood economic development organizations; and
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WHEREAS, the Martin Luther King Economic Development
Corporation, (MLKEDCO) was identified and approved as one of the
neighborhood organizations to implement the program, within the
specified target area; and
WHEREAS, the Tacolcy Economic Development Corporation (TEDC)
has received a $50,000 grant from Health and Human Services (HHS)
for the purpose of improving the facade on properties surrounding
the Edison, Plaza Shopping Center; and
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DEC 8 14
iON No.
WHEREAS, the Commercial Facade Rehabilitation Paint Program
will be better coordinated by having only one organization in the
target area to implement the program; and
WHEREAS, the eligibility for assistance will be for those
businesses located within the specified target area boundaries;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to enter
into an agreement, in a form acceptable to the City Attorney, for
3 a period of one year with the Tacolcy Economic Development
F Corporation, with the cost thereof, $30,000, hereby allocated
from 9th Year Community Development Block Grant funds, for the
purpose of having said agency assist in the coordination and
implementation of a comprehensive Commercial Facade Rehabilitation
Paint Program in the Edison Center business district.
r PASSED AND ADOPTED this 13th day of DECEMBER 1984.
MAURICE A. FERRE
MAURICE A. FERRE, MAYOR
ATTEST:
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I%kLPH G. ONGIE, CITY CLE
PREPARED AND APPROVED BY:
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)C #4 • LZMA&Z
ROBERT F. CLARK, DEPUTY CITY ATTORNEY
APPROVED "O.,ROMAND CORRECTNESS:
LUCIA A.
, CITY ATTORNEY
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This Agreement entered into this day of ,
1984, by and between the City of Miami, a municipal corporation
of Dade County, Florida, hereinafter referred to as "CITY", and
TACOLCY ECONOMIC DEVELOPMENT CORPORATION (TEDC), a not for profit
corporation of the State of Florida, hereinafter referred to as
"CONTRACTOR".
WITNESSETH:
WHEREAS, the Commercial Facade Rehabilitation Paint Program
is a component of a comprehensive city-wide Commercial
Rehabilitation Assistance Facade Treatment Project; and
WHEREAS, this program was approved in the ninth year
Community Development Block Grant Application by Resolution No.
83-334; and
WHEREAS, the City Commission passed Resolution No. 83-0134,
authorizing the City Manager to execute contractual agreements
with neighborhood economic development organizations; and
WHEREAS, thi Martin Luther King Economic Development
Corporation ((MLKEDCO) was identified and approved as one of the
neighborhood organizations to implement the commercial facade
program, within the specified target area; and
WHEREAS, -the ML[EDCO is unable to enter into a legally
binding long-term contractual agreement with the City; and
WHEREAS, the Tacoley Economic Development Corporation has
Deep idestified as ar a:teroate ecosar_e development corporation
within the approved target area tz Implement the commercial
facade program; and
WHEREAS, the Tacoley Economic Sovelopment Corporation ban
received a $50,000 grant from Nealtb mad Human Services for the
purpose of improving the facade or: properties surrounding the
Edison Plaza Shopping Center; and
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WHEREAS, thirty thousand dollars ($309000) has been
allocated to the Edison Center/Model City Target area; and
WHEREAS, the eligibility for assistance will be for those
businesses located within the specified target area boundaries;
and
WHEREAS, the area boundaries which have been selected for
implementation of this project are N.W. 7th Avenue between 54th
and 67th Street and N.M. 62nd Street between N.W. 6th and 17th
Avenue.
NOW, THEREFORE, in consideration of the promises and the
mutual covenants and obligations herein contained, and subject to
the terms and conditions hereinafter stated, the parties hereto
understand and agree as follows:
TERM:
The term of this Agreement shall commence on the day of
execution by the City Manager and terminate one year later. Upon
termination of this Agreement, the CONTRACTOR agrees and
understands that the CITY has no obligation to renew this
Agreement.
SCOPE OF SERVICES:
CONSULTANT'S scope of services will include:
1) The CONTRACTOR agrees to cam out the project in a
lawful, satisfactory aed proper manner, in accordance
rite tae written policies and procedures, and
requ:remects as prese-:bed in this Agreement, as set
forth by the City of Miami's Department of Economic
Development (DED).
2) The CONTRACTOR will notify target area property owners
aid/or merchants of the commercial rehabilitation
program, develop a priority list of buildings to be
painted, identify local paint contractors and advertise
invitations to bid.
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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.
3) The CONTRACTOR will approve all invoices submitted by
the general paint contractor and submit a request for
payment from the DED.
4) The CONTRACTOR, in conjunction with the DED, Community
Development, Planning Department and the property owner
and/or merchant will review and approve the design,
color, scheme, signage and other programmatic details in
the implementation of the program.
5) The CONTRACTOR will submit a report to DED by the 15th
working day of each month detailing the following items:
a) List of property owners and/or merchants (include
name, address, and telephone number) notified of
program.
b) Copies of contractor and property owner and/or
merchant's contract agreement.
c) Monthly
completion schedule for
each project.
d) Monthly
progress report on all
projects.
e) Copies
of all contract bids
submitted by general
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paint contractors.
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COMPENSATION:
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A. CITY shall
pay COISULTANT, as maximum compensation for
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the services requl!r d pursuant to
Paragraph II hereof,
cae amount
of $32.900.
B. Such compensstioc shall be paid on the following basis:
For the services provided under Section II, the total
budget amount for the CONTRACTOR is $30v000- Unless
prior approval is obtained in writing Prow DED, in no
evert shall the CONTRACTOR expend wre than $30,000 in
the approved target area. It is understood that the
CONTRACTOR will enter into a commercial rehabilitation
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agreement with the property owners and/or merchants to
provide services within the constraints of the budget.
The $300000 budget will be matched by participating
property owners which will be paid by cashier's check
only (70% city, 303 property owner and/or merchant).
The maximum amount to be expended per building is
$20000. No funds allocated under this Agreement shall
go toward administrative costs.
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 paint
contractor within five (5) working days.
C. The CITY shall have the right to review and audit the
time records and related records of the CONTRACTOR
pertaining to any payments by the CITY.
IV.
COMPLIANCE WITH FEDERAL, STATE 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 way
be given pursuant to this Agreement shall be in writing
and shall be delivered by personal service, or by
registered sail addressed to the party at the address
Indicated be - *in or " the same say be ehseged from time
to time. 3ocla notice shall be deemed given on the day
on which pe-**nally served; or, if by mail, on the fifth
day after br:og posted or the date of actual receipt,
whichever is earlier.
CITT OF MIAA: CONTRACTOR
174 E. Flagler Street 6140 N.Y. 7th Avenue
Miami, Florida 33131 Miami, FL 33127
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B. Title and paragraph headings are for convenient
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reference and are not a part of this Agreement.
C. In the event of conflict between the terms of this
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Agreement and any terms or conditions contained in any
a.
attached documents, the terms of, this Agreement shall
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rule.
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D. No waiver or breach of any provision of this Agreement
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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.
VI.
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OWNERSHIP OF DOCUMENTS:
All documents developed by CONTRACTOR under this Agreement
shall be delivered to CITY by said CONTRACTOR upon completion of
the services required pursuant to Paragraph II hereof and shall
become the property of -the CITY, without restriction or
limitation an 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 the Public Records Law, Chapter 119, Florida
Statutes.
It is further understood by and between the parties that any
Information, writings, maps, contract documents, reports or any
other matter Whatsoever which is given by the CITY to the
CONTRACTOR purswnt to this Agreement shall at all times remain
the property of the CITY and shall riot be used by CONTRACTOt far
any other powvae" whatsoever ritbout the written eor.9ect of
CITY.
VII.
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■ONDELEGABILITT:
That the oB:igatior.s undertaken by CONTRACTOR pursuant to
this Ag*eemert shall not be delegated or assigned to any other
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person or tire unless CITY shall first consent in writing to the
performance or assignment of such service or any part thereof by
another person or firm.
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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.
Prior to the release of any funds to the CONTRACTOR, the
CONTRACTOR shall provide the CITY a letter from an independent
Certified Public Accountant (CPA) which establishes that the
CONTRACTOR's internal controls are adequate to safeguard its
assets and properly reconcile accounting transactions. The CITY
will not release any funds to the CONTRACTOR prior to receipt of
this letter.
All CONTRACTORS receiving $25,000 or more agree to submit to
the City's Department of Community Development an independent
audit, by a certified public accountant, which must include the
expression of an opinion on the !inane;.al statements and accounts
of funds. Said audit shall be submitted to the City's Department
of Community Development no later than ninety (90) days after the
termination of this Agreement or final receipt of CITY funds,
whichever is applicable.
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AWARD OF AGREEMENT:
The CONTRACTOR warrants that it has not employed or retained
any persae employed by the CITY to solielt of seers tsis
Agreemer : sad that it has not offered to pay, paid, or agreed to
pay any person employed by the CITY any fee, comIsslon
percentaa . brokerage fee, or gift of any kind contletent upon or
resulting irrom the award of this Agreement.
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CONSTRUCTIO. OF AGREEMENT:
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This Agreement shall be construed and enforced according to
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the laws of the State of Florida.
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SUCCESSORS. AND ASSIGNS%
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This Agreement shall be binding upon, the parties herein,
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their heirs, executors, legal representatives, successors, and
assigns.
XII.
INDEMNIFICATION:
The CONTRACTOR shall indemnify and save CITY harmless from
and against any and all claims, liabilities, losses and causes of
action which way 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
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behalf, and from and against any orders
, , , judgments, 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.
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XIII.
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CONFLICT OF INTEREST:
The CONTRACTOR is aware of the conflict of interest laws of
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the City of Miami (City of Miami Code Chapter 2, Article Y), Dade
,.
County Florida (Dade County Code Section 2-11.1) and the State of
Florida, and agrees that it will fully comply in all respects
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with the terms of said laws.
The CONTRACTOR covenants that no person under its employ rbo
presrtly exercises acy functions or reapse—:htlities is
cov*a--:ion with this Agreement has any personal or financial
irate-ost, direct or indirect, in this Agreement. The CONTRACTOR
furtter covenants that, in the performance of sale Agreement, so
parse@ having such conflicting interest shall be employed. Any
sueb interests or. the Part of the CONTRACTOR or its employees,
must be disclosed in writing to the CITY. The CONTRACTOR, in the
performance of this Agreement, shall be subject to the more
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restrictive laws and/or guidelines regarding conflict of interest
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promulgated by federal$ state or local government.
XIV.
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INDEPENDENT CONTRACTOR:
The CONTRACTOR and its employees and agents shall be deemed
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to be independent contractors, and not agents or employees of
CITY, and shall not attain any rights or benefits under the Civil
Service or Pension Ordinances of 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.
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XV.
TERMINATION OF CONTRACT:
CITY retains the right to terminate this Agreement at any
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time prior to the coal-letion 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 60th day after its receipt of the
notice of termination. In no case, however. will CITY pay the
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CONTRACTOR an amount in excess of the total sum provided by this
Agreement.
It is hereby understood by and between the CITY and the
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CONTRACTOR that any payments made in accordance with this Section
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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
not pay to the CMILACTOR soy sum rhatsawwwr
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NONDISCRIMINATION:
The CONTRACTOR agrees that it shall nos discriminate as to
race, sea, color, creed or national origin !s eoesection with its
performance under this Agreement..
XVII.
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MINORITY PROCUREMENT COMPLIANCE:
The CONTRACTOR acknowledges that it has been furnished a
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copy of Ordinance No. 9775, the Minority Procurement Ordinance of
the City of Miami, and agrees to coaply with all applicable
substantive and procedural provisions therein, including any
amendments thereto.
XVI II .
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.
XIX.
DEFAULT PROVISION:
In the event that the CONTRACTOR shall fail to comply with
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each and every term and condition of this Agreement or fails to
perform any of the terms and conditions contained herein, then
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CITY, at its sole option, upon written notice to the CONTRACTOR
may cancel and terminate this Agreement, and all payments,
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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 CITY.
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BONDING AND INSURANCE:
a) During the term of this Agreement, the CONTRACTOR shall
maintain bonding and insurance coverages in amounts as determined
by the Risk Management Divisio• Of tae CM - Vhenevef
applicable, the CITY shall be named as at additional insured.
b) The CONTRACTOR shall furcish certificates of insurance
and bonding, as required, to the CITI prior to Commencing acy
activities under this Agreement.
ASSURANCES AND CERTIFICATIONS:
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The CONTRACTOR assures and certifies that:
a) All expenditures of funds will be made in accordance
with the proposal and budget 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 authority.
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 similar 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 and assurances contained herein, and
directing and authorizing the person identified as the official
representative of the CONTRACTOR to act in connection with the
CONTRACTOR and to provide such additional information as say be
required.
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AMENDMENTS:
No amendments to this Agreement shall be binding on either
party unless in writing and suet tp ►oth parties.
IN WITNESS WHEREOF, the Wties hereto have caused this
Agreement to be executed in their names by their duly authorized
officers and the corporate seals to be affixed hereto, all as of
the day and year first above written.
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CITY OF MIAMI, a municipal
Corporation of the State of
Florida
ATTEST:
L N By , CITY C ERK ONWARD V. GART9CITY MA A ER
CONTRACTOR: TACOLCY ECONOMIC
DEVELOPMENT CORPORATION (TEDC),
INC.
ATTEST:
By
Corporate Secretary Pre31dent
(Corporate Seal)
APPROVED AS TO INSURANCE REQUIREMENTS
DIVISION OF RISK MANAGEMENT
APPROVED AS TO FORM AND CORRECTNESS:
UC A A. DOUGHER Y, CITY ATTORNEY
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CITY OF MIAMI, FLORIDA
1 INTER -OFFICE MEMORANDUM
To: Howard V. Gary
City Manager
FROM: Charlotte GalloglyC
Director
Department of Economic D velopment
DATE: November 28, 1984 nee:
SUBJECT: Recommendation To Execute
Contract Agreement With Ta
cy Economic Development Co
REFERENCES: poration To Implement A Co-
mercial Facade Rehabilitat
Paint Program
ENCLOSURES:
December 13, 1984 Commis-
; s___ - - - - - --
"It is recommended that the City
Commission authorize the City Manager to
execute a contractual agreement with the
TACOLCY ECONOMIC DEVELOPMENT CORPORATION
for the purpose of coordinating and
implementing a Commercial Facade
Rehabilitation Paint Program with funds
allocated from ninth year Community
Development Block Grant Funds."
In the ninth year Community Development program, there is a city-
wide allocation of two hundred thousand dollars ($200,000) for the
Commercial Facade Rehabilitation Paint Program. The program is a
modified approach to commercial rehabilitation where only the
facade is treated in a concentrated impact area of commercial use.
On April 6, 1983, the City Commission passed Resolution No. 83-334
authorizing and approving the city-wide Commercial Facade
Rehabilitation Paint Program as submitted to the United States
Department of Housing and Urban Development for ninth year
Community Development Block Grant funding. On November 16, 1983,
the City Commission passed Resolution No. 83-0134 authorizing the
City Manager to execute individual contractual agreements with
neighborhood economic development organizations for the purpose of
coordinating and implementing a commercial facade treatment
program.
One of the areas selected and approved for this project was the
Model City/Edison Center Target Area, within the following
boundaries:
1. N.W. 7th Avenue between N.W. 54th and 67th Street
2. N.W. 62nd Street between N.W. 6th and 17th Avenue
84-1459
Howard V. Gary
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It should be noted that Resolution No. 83-0134 approved the
selection of the Martin Luther King Economic Development
Corporation (MLKEDCO) as the agency to implement the commercial
facade program in this area. However, due to organizational and
Board of Director problems with MLKEDCO during the 1983-84 contract
year, a contract was never executed. At this time, the City
Commission has adopted Motion No. 84-775 which authorizes MLKEDCO
to receive funds on a month -to -month basis until the aforementioned
problems are adquately resolved.
During this timeframe, the Tacolcy Economic Development Corporation
(TEDC) received a $50,000 grant from Health and Human Services
(HHS) for the purpose of improving the facade on properties
surrounding the Edison Plaza Shopping Center.
As of September 30, 1984, TEDC had expended and/or committed the
entire $50,000 awarded by HHS. Utilizing the $50,000 grant, TEDC
was able to improve the facade and signage on four (4) commercial
buildings which house twenty-eight (28) offices and retail store
fronts.
The contracts for rehabilitation of the building was awarded to
Jasper Painting Services, a local Black painting company. In terms
of employment opportunities, fifteen (15) temporary jobs were
created as a result of this grant, eleven (11) painters and four
(4) laborers.
On September 30, 1984, the Department of HHS again awarded TEDC a
grant in the amount of $90,000 for the 1984-85 fiscal year to
implement a commercial facade program in the Edison Busine.�s
District.
The $30,000 allocated to the Edison Center/Model Cities area by the
City of Miami should be awarded to TEDC to be used in conjunction
with the $90,000 HHS grant. TEDC would then serve as the
administrator of an $120,000 commercial facade program. A contract
with TEDC would also provide the following additional benefits to
the area:
1. Increase the resources to expand the number of businesses
participating in the project.
2. Provide a grant to the business owner's 30% matching amount
required by the City through the use of the HHS funds.
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Howard V. Gary
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3. Provide additional funds to those buildings
rehabilitation work is above the City's $2,000 limit.
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4. Assure continuity in the management of the program, since at
this time the MLKEDCO is only being funded on a month -to -
month basis.
Therefore, I am recommending that the City enter into a contractual
agreement with the Tacolcy Economic Development Corporation (TEDC)
for the purpose of coordinating and implementing the Commercial
Facade Rehabilitation Paint Program in the Edison Center Business
District. This agreement shall be deemed effective on the date of
execution and will terminate one year from the date of execution.
Therefore, it is recommended that the City Commission authorize the
execution of this contractual agreement.
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Attachments
84l-1459