HomeMy WebLinkAboutR-84-0868RF SOLUTION NO.
A RE70LUTTON AUTHOR1:ZI:NG THE CITY MANAGER
TO T KF,CIJ"i'F; TId1)-VT)MIAT_, CONTRACTUAL
AGREEMF;NT:; Wi TII NTNE (9) NE.TGFIT30RfJOOD
EC0110t!TC 1->FWFI.r P IIla' r1Rc:t1IiT7,Air()3I;>.` T_N
S U B'S TA iJT'f AI-l,V T1ii: :OR!! f01' FA';11FP 11i I i".T(1 FOR
THF. iii (UNT,- 17IPI'.CTF I FT) 1=0J, FA(,11 , T() CONIT 11NI3E
IMP1.,T I111;IIT.I I1r, A NFTr_;IIPODIIC?tji) i:C()Jit)tilC
DEVELOPHE.11T T'ROGRAN, WITH FUNDS A1. J,0CATED
THEREFOR FROM THE TENTH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT.
WHEREAS, the City Commission is committed to economic
development and the expansion of trade and commerce, and
WHEREAS, the prornoti.on of cconomi.e revitalization in
the neighborhoods of the Cite of Miami is an important part of
the City's economic development strategy; and
WHEREAS, the City Commission is desirous of continuing
the neighborhood economic development program and funds are
available in the Tenth Year Community Development Block Grant for
such a purpose;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to
execute nine (9) individual contractual agreements, in
substantially the form attached hereto, with the following
neighborhood dc,-velopm(-rat «i,,f�r�cica, for the amounts ,I)z:-:,I)(for
each, for the of i<<iJrle.rt:��ritir,g < Ileighborhoo(i Economic
Development Prograi.,), with funds hereby allocated therefor from
the Tenth Year Community Development Block Grant:
CITY COMIvII S-10N
MEETING, Op
pC( { JUL 31 1UA11
�4�tif5 t(�tl
CBO
AREA
AMOUNT
1.
Wynwood Community Economic
Wynwood
$37,750
Development.,, Inc.
2.
Downtown ;1i -�mi. Business Assoc.
Downtown
$37,750
3.
All.apal'-A, lh 13w--I yes.; Develop-
Allapattah
$37,750
ment Aulhhor'i.r-yq Tnc.
4.
Northe-is'; G!rnriber oC Commerce
Edison/Little
$37,750
River
5.
Small Opportunity
Little Havana
$37,750
Center, 1111e.
6.
Overtown Economic Development
Overtown
$37,750
Corpora .Jon, III(,.
7.
Coconut (xrov Lzocol Develop-
Coconut Grove
$37,750
ment Cor,por,-3ti.on. Trrc,
8.
Little Havanrr P(,vcl.opment
Little Havana
$37,750
Authority, Tnc.
9.
Allapattah fl rchants Assoc.
Allapattah
$37,750
PASSED AND ADOPTED this 31st day of ,T111W ,
1984.
ATTEST:
ALPH . ONGIE, CITY CLER
PREPARED AND APPROVED BY:
r �
ROBERT F. CLARK, DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
Maurice A. Ferre
MA RICE A. FERRE, MAYOR
WO-01101
CItY OF MIAM1. FLORIDA
125 INTER -OFFICE MEMORANDUM
TO Howard V.
Gary
DATE.
July 6, 1984
City Manager
ME:
sue�Ecr
AGREEMENT' �TT'H COMMUNITY
BASED ORGAT ZATIONS
Charlotte
Gallogly
�-
.Ti.7tLY rH COMI-IISSION
FROM: Director
REFrRENCF..S:
TO
11EFT'T11G
-
Department
of Economic r evel opment
lilt ;s
r-econr[er;ded
tIaai
the
attached
Rosol[at,ion br_
nrc�sentcrd
_
to the
Ci.`::y Con, m_33i.on
for
the
_
purpose
01 C..ntcring
i.n .o
an
-_
agreement;,
i,l sr:rib,r'.rr,ti_1-r1_'-.y
the
—
four :it�.ac;�n.,
i7er e :o,
:-,i.t;;� nine
__ (9) Co[m--,u,rl'LEls'2a Or(,7 aiIi: 11t1OnS
to eo It'
inu . a 17?�cjr-hc'<�r Economic
Development Pr 0F,raIT) s in their
respective target areas."
The Community Based Organizations
(CBO) have been the City's
primary outreach
vehicle to assist
the different
communities to
address their economic development
problems. Six
(61, of the CBOs
will be entering
their fifth year of
operation in
July. Two CBOs
will begin their
third „rrc no'=hcr
wi.1.1 tit�-rrt its
second year of
business.
For the :second consecuti ,,e ye: ;r , the CBOs were rlonitored on a
regular basis by the City's Departr.r nt of Economic Development
(DED). The contractors were rcquired to a ubr,iit ,nr•,3surab1e and
realistic Work PrograYns in a m�irracc!,rle'r-Ft-by- objdctives (MBO) format
and line-i t -m budgetthat Served as the primary monitoring tools
of the DED. ":17 o tpe org; ni-ations were required to meet seven
major objectives r nd L lso were e .pected tc accompIisIn s;. ecific
performance objectives which addressed the specific economic
problems experienced by their respective communities.
Howard V. Gary
Page #2
The seven major objectives were as follows:
1. Conduct monthly meetings of the merchant associations within
each neighborhood area.
2. Conduct; monthly meLcting._, of the crime watch programs for the
busincs:.;eL wi.t,hin their arca.
3. Conduct a monthly inventory of commercial and office space and
report this information to DED.
4. Conduct: vnthly meeting of the corporation's Board of
Directors.
5. Publish a business -oriented newsletter on a quarterly basis.
6. Identify major economic C41--vclopment projects to be undertaken
within each neighborhood -rea.
7. Identify and implement activities that will be directed toward
earning revenues so that each organization can become self
sufficient. Each organization, with the exception of the
Allapattah Business Development Authority, was required to
raise $12,250 by January 1, 1984 which was amended to April 30,
1984, May 31, 1984 and finally waived for five CBOs.
For the upcoming contractual. ,,err , the CDOs will be. required to
meet more definitive objectives that w i I I enable the City to
quantify tfZc- types of activities and projects being implemented in
the various cornrnercial business districts. also, objectives that
are characteristically oriented to specific corr,ile.,rcial districts
will be incorporated into the I11BO work, pro`rann.
The standard i130s for the 10th year contractual period (rY 134-185)
with the activities rcquircd to achieve the objectives are listed
below:
1 . To conduct mlC, nthly organizations l e{stings to maintain
established prcq�rarns.
A. To meet with the merchants associations within each
neighborhood area.
Howard V. Gary
Page #3
B. To meet with the Board of Directors of the CBO.
C. To maintain the established business crime watch programs
and conduct monthly meetings.
2. To implement revenue generating projects.
A. To identify and irnpa_emont specific project(s) that will be
directed toward earning revenues for each contractor for the
purpose of t)ecorrla.ng self --sufficient.
B. To impl_er-ent; r^ve!1ue
C,cnerati_ng activities for
the purpose
of raising , 1t�,250 by
,January 1, 1935.
Funds
generated by
grant: (feder; l.
<nd Local) will
not be considered
to
be gen6MrrTt cJ
The Al.lapattah
Business
Development
Authority r�:ill t,c "n
i.t�s st�4cond year of
funding
and will be
requir:�d t.�� r .a e i <'_
250.
3. To provide business and economic information for each
neighborhood area.
A. To publish a business -oriented newsletter on a quarterly
basis.
B. To produce and print, in conjunction with the City, a
marketing brochure aimed at attracting new businesses to the
target area.
4. To provide business assistance activities.
A. To provide management/technical assistance to a minimum of
15 local businesses per month using the Business Assistance
Form.
B. To provid(� in the ztart-up of a minimum of 12 new
business,,3o , per year docurrentcd by the Business Assistance
Form.
C. To provide loan referral assistanc:a to a minimum, of three
(3) businesses per quarter documented by the Business
Assistance Form.
Howard V. Gary
Page #4
5. To implement economic development activities for each
neighborhood area.
A. To assist in the rehabilitation of six (6) commercial
structures in the targets areas utilizing existing financial
resouf ^.es avail.;-lb1_e through local government agencies.
B. To establ,i5h a jot) tr.ining/placement program for area
resident:, 14it- h the assistance of the :.youth Florida
Employment and Training Consortium/Private Industry Council
where appropriate.
6. To implement major economic development projects, as described
below, in the target business districts:
AREA. PROJECTS
Allapattah Allapattah Shopping Center
Wholesale/Retail Produce Market
Coconut Grove Conversion of the Tiki Club to
commercial use
Edison Center Edison Plaza Shopping Center
Lincoln Square Building
Downtown Special Advertising Campaign
for Increased Business Develop-
ment of area
Wynwood Market and reasibility Study to
Determine Type of: Project for
Economic DeveloptlientNeighbor-
hood
Edison/Little River Biscayne Shopping Plaza
Stall Marketplace
I
Howard V. Gary
Page #5
AREA
PROJECTS
Little Havana
Latin American Nations
Market
Specialty Center
Grocery Cooperative Distribution
Center
Printing 13us inc,
Implementation of i;ecom,nendations
Contained in tYte East
Lit kle
Havana Task Force
Latin Quarter Redevelopment
Overtown
Overtown Flea '1Prkct
Overtown Shopping; Center
UDAG for Housing
Grocery Cooperative
The
organizations being recommended for funding
and their
respective amounts are listed below:
CBO
AREA
AMOUNT
1.
Wynwood Community Economic
Wynwood
$37,750
Development, inc.
2.
Downtown Miami Business Assoc.
Downtown
$37,750
3.
Allapattah Buincss Develop—
Allapattah
$37,750
ment Authority, Inc.
4.
Northeast Chnnit;er of Commerce
Edison/Little
$379750
River
5.
Small Business Opportunity
Little Havana
$37,750
Center, Inc.
6.
Overtown ;cono:,Iic Development
Overtown
$37,750
Corporation, !nc.
7.
Coconut Grove Local Develop—
Coconut Grove
$37,750
ment Corporation, Inc.
8. Little Havana Development Little Havana $37,750
Authority, Inc.
9. Allapattah ?Merchants Assoc. Allapattah $37,750
Due to a present legal opinion from the City Attorney which
indicates that; tho Martin Luther King Economic Development
Corporation UILKEDCO) Boards are not legally constituted, it is
recommended that the Edison Center area be serviced by a CBO to be
determined through a Request for Proposal (RFP) process, and that
funding for the selected CBO be held in reserve until the time of
the award.
CG/EB/es
Attachments
b
CITY OF MTAMT. , 11J)PIDA,
COMMUNITY BASED OW4,N717 7A ;tea AGUTTMENT
THIS AGREEMENT,
t°^r €^c7 ,,t_ ,
'::1�; =
clay of
,
1984, between the City
n)f tt ..ar= .,
-1t� )_ :i.p,)
c rporat ion of
the
State of F'].oricis ,
( 1CIr4?i.trafd:.nr. fcr: -nc ho CITY"), and
�. non— �x. of J t_ corporation
r_
fully organized and existing by
vi.rt ur i
of
.Alin 1.:1"- 51 of tho State
of Flori-da, (herei.ru�lft:er referred
to as
the
-CC)NTR/\C'.i k,_)R") .
FUNDING 01URC'F
N0 1, T?#Ek?Ek• ORF1, in considcrati.on of the promises and mutual
covenants and obligations ber;ei.n set forth, the parties under-
stand and agree as follows:
ARTICLE I.
As a necessary part of this Agreement, the CONTRACTOR shall
provide the CITY Frith the folloHaXng:
1.1 Copy of CONTRACTOR's Articles of Incorporation, Charter and
By-laws.
1.2 List of Present Principal Governing Board officers and
Members of the Board (names, addresses and telephone
numbers).
1.3 List of Key Staff Persons, with their titles, who will carry
out this program.
1.4 Copy of CONTRACTOR's current Fidelity Bond (applicable for
all peraonc who are authorized to receive and disburse funds
under this Tigrecment).
1.5 Completion of 13ut,.horized Representative Statement (on form
supplied by tile CITY) .
1.6 Corripleti.on of Sta ement. of Accounting System (on form
supplied by the ?, CITY) .
1.7 CPA 1 c t t c- r the C014TRACTOR' :L P-ccount-ing System or
current 8:ud i t_ ` c r)ort (which verifies th(f C:0N`I`R; C.T01V s
internal ce rrtrals as adequate to safeguard the organiza-
tion's assets).
'Ask
I r
1.8 Final Expendi-tut res Report (to be submitted 30 days after
contract expires).
1.9 Management By Objective (MBO) Work Program and Line -Item
Budget to approval by the Department of Economic
e V In I o' 1 ;;,-rat,
1.10 Budqp-t Prnqram G--nerated Income of
1.11 Proof of woT,11,-crs cclnpcnqation Insurance.
1.12 CONTRACTOR'r Corpoi-al_-c Sell (t;--) be affixed to Signatory
pace, j 1-1 (1 C o T: P n- r a t C I 1� Q!7, o 1. 1 a t J. o n ) .
1.13 Corporate Personnel Policies and Procedures.
1.14 Corporate Resolution authorizing execution of this Agree-
ment�
1.15 Completion of staff salary schedule (on forms supplied by
the CITY).
ARTICLE II.
2.1 TIME OF PERFORMANCE
The term of this Agreement shall be from
19 through 19
2.2 CITY AUTHORIZATION
For the purpose of this Agreement, the City of Miami
Department of Economic Development, (hereinafter the
*DEPARTMENT"), will act on behalf of the CITY in the fiscal
control, programmatic monitoring and modification of this
Agreement.
2.3 OBLIGATION OF CONTRACTOR
The CONTRACTOR Shall carry out the services as prescribed
in its V,7or), Proqrzm (Attachment 1) , which is attached and
incorporated ht.reiri &nG
made a part of
thi;
1''qreemc-nt, in a
lawful, i 1� t
c t (.) r y
<=n d p r o p t r is: n 11 c_ 1, ,
II',
L f_" C 0 t- G _' rl C e w i t 1)
the writltcn
1-1,rc"Ct�'dur:.a'
as
prescribea 1n thli!'• fovt-11 the Wnited
States Secrc-LLry c4 Truj.r=ui-y, "-nd the- City ci Depart-
ments of Comiunity Development and Economic Development, all
- 2-
other state and local laws and in Accordance with the
requirements described in the Department of Economic
Developmentp,' Policies and Procedt.ire,, fl,,n,ml, fro r Commit
Based 0rq;inj.7,.at_ionr_ 1-7hi,ch is attach�,l ,Tid incorporated
herein and 7-w-10— r PIrt- of this Agreement, (Attachment 11).
2.4 KBO WORF, PROG-RAM
CONTR-ACTOR 57,11n1l. C-OmPly With its obligations as described in
its Kanagcmcnt Dy Objectives (M.B.O.) Work Program, (Attach-
ment ITT,) which is attached and incorporated herein and made
a parct of this,
2.5 BUDGET SUMMARY AN11) TITT-JE ITEM 1313D.GET JUSTIFICATION
CONTRACTOR st,all comply with it.-, Padget Summary and Line
Item Budget. Jurtification (ALt.achmont IV), which is attached
and incorporated hercin and mode- a part of this Agreement.
2.6 RETENTION OF RECORDS
CONTRACTOR shill retain all financial records, supporting
documents, st,-:itistic�l.l records, and all other records,
pertinent to
this Agreement, for a
period
of
three years.
The retention
Pei-iod starts the
date of
the
submission
of the fin(-1-1 EOPOrt. Records for non -expendable
property N.,ith ftinds, under the Agreement, shall be
retained for
c, period
of
three
years after
its final
disposition.
Said records
shall
be retained
beyond the
three year period if audit findings have not been resolved.
2,7 BONDING AND INSURANICE
CONTRACTOR shall maintain insurance and bonding coverages
acceptable to the CITY's Department of Risk Management.
Prior to eoa-Lmencinn aYly aCtiVity Under thiz; Agreemlent, the
CONTRAXTOR �J.,_�11 furnish the CITY, certificates of insurance
and bonding indicating t1lat the, CONTRACTOR is in compliance
with the provisions of this article.
—3-
0
It
10
CONTRACTOR shAll
provide the following c6verages:
a)
Insurance
coverage that reflects Bound business
practices acceptable to the CTTY's T)rpirtment of Risk
Management-
b)
Fidplit" tt)onej�jvj for 111 persons handling fundsJ
receive0i o-.--
under tbis Agre-ment in an amount
equal to or
q!1'c;'!ter thln th(c M;)xiTMt1n amount of cash
held gat tiny
A
one timn.
C)
Complianc,
Jt-h tbc f0r, 9()ingAsh,),Il not
relieve Lbe
CONTRACTOR of its liabilit-y and of
under this
section or under any other section of this
Agreement
2.8 LEVEL OF SERVICE
It is expected that funds are provided to insure quality
service to CITY residents. Should start-up time for a
program be required or any do lays in-.ervicc occur, the
Department of Economic Developnionll-_ noikAficd in
writing immediately, givin(A 111 P0rtiDcY)` details and
indicating when service will. begin and/or continue. It is
understood and agreed that the level. of tiervices, activities
and expenditures by the CONTRACTOR, in existence prior to
the initiation of services hereunder, shall be continued arid
shall not be reduced in any wayl as a result of this 7,gree-
ment. Proqrants funded through this Aareeiaent not
result in the displacement of employed vorker,,.i:-, impair
existing contracts for services or result in' the substi-
tution of funds allocated under this for other
fund- -',I cc,,nnect-on with work whAch would have been per-
formed cveri n ab,.-,ctnc(-_ of this Agreement.
2.9 PURCHM"ING P-,N'Di11-he
CONTIU-,C'1,01� its best efforts to obtain all supplies
and equipment, for ul::e under this Agreement at the lowest
practical cct-,ts ali Solicit three bid,; for the
purchase of Capital Equipment. The three (3) bids shall
W-4-
AWk
Ir V
accompany all requests for payment. All non expendable
property acquired for the program with CITY Funds will
revert to the CITY at the end of CTTY's fiinding of the
Program,
non- expend Abl le properit-Y
"Alich Will
not be
copsijmea or Jo,,;P i-cle-111-ity-
M1 C,, TRACTOR
shni-I he
I
responrzihl- t.rs CITY ror or to s'-'Id
property ni)4 r-heall CT-iN- fn I . "Ill CO -
TRACTOR shnI.I. n proprirty Control
System 'mlo' sh'111. be � _)on7 ih.1 for r ') cllrrent
inventory on
capita). items
purch;�,,;r-d wil.-h
CITY Fiinds.
All Capita).
E, penditures
$50-00 1)
pprov-d by
CITY prior "o
pllrchase� All
purch'7sed
remain the
property of
CITY and sho,,06 be
invcj. rit-ori.c(l, a�!�
-such, which
will inciticic
Jjst.j_nq r7� on a, property r -c-ord thede cription,
model serial
number, date of
acquisition and
cost. Such
property Ghall be inventoried semi-annually, and an inven-
tory report submitted to CITY. CONTRACTOR shall permit
CITY staff access to the premises where property is kept for
the purpose of performing inventory monitoring functions.
CONTRACTOR shall not dispose of real or personal property
purchased with CITY funds through sale, loan or relocation
without receiving prior written approval of the City
Manager.
2,10 MINORITY PROCUREME14T COMPLIANCE CLAUSE
CONTIULCTOR acknowledges that it has been furnished a copy of
Ordinance No. c.-1775, the Minority Procurement Ordinance of
the City of Iii-Lu'li, and shall. comply with all applicable
substantive and procedural proviLions therein, including any
am e n d m c n t s, t, I i c-_- r e t o
2,11 DISCLOSWIL OF FUNDS,
CONTIIPX"Wi, di, close all sources (Public and Private)
and amount.-_- of reflecting thy: total budget whether
they be
real or
in kind
at t1he co.*taiencem:nt cat the
contract
period,
as well
as any
changes in the amount
of funds
't #1
through program income or the sources received during the
term of this Agreement, within thirty (30) days of such
changes. examples of in -kind funds include free rent,,
labor, office etc.
2.12 FINAT, EXPENDITURr, REP011T
A fina). hildqtary report including an audited financial
atat meth_ sha).). be slibmittc-d to the CITY within thirty (30)
days -i-ifter the cNpii:ation of the contract r This, pr�
report shall. rejflect actUni. e7t,.1pcnditarcs, by 3. ine-items,
versus proposed expenditurns !7ohmittc-ld at the beginning of
the
Agreement y�,ar.
All porsons, employed
-?nd
paid pursuant
to
this Agreement
s1lould be
listed
by
namc,
tit. -le, Social
Security number, date hired or terminated, ethnic back-
grounds, and t-otal. salary reflecting both CITY and other
fundina sourccs.
2.13 REPORTS, AUDITS, AND EVALUATIONS
CONTRACTOT.", will transmit to CITY, in writing, monthly
reports rc_,gard ilia current activity and the progress of the
CONTRACTOR's activities in a format acceptable to CITY.
CONTRACTOR shall subjuit to CITY such additional reports as
may be required.
CONTRACTOR shall prepare, retain and permit CITY to inspect
as it deems necessary for grant purposes that may be
relevant to Federal, State or Local Directives.
At the request of CITY, CONTRACTOR will. transmit to CITY
written statements cat CONTRIXTOR's, official policy on
specified issues relating to CONTIRACTOR's activities.
CITY may carry cut and ev'-a-luation activi,ties to
i n c I u d e zA t a itt i n il``A U I V i a n d o b � c ry a IL � i o i �1 5, 11.) y C s- t a f f ,
and
-Urc
0-le
ecoperzi'v.ion of
its
employee.-�,
11
e t fo'rt's-- - �.11
reports,
audits, el"Ltlher to CIIY on a
monthly basi!,, or acquired tlirough ongoiniq monitoring and
evaluation will be thoroughly reviewed by CITY. Any
-6-
discrepancies, incomplete or inadpqmvif::-- information either
received on a monthly basis or through monitoring and
evaluation, will give CITY cause to terminate this Agreement
at any time thereafter.
ARTICLE III.
3.1 COMPENSATION
A. CITY shall pay CONTRACTOR, as maximum compensation for
the services required pursuant to Paragraph II hereof,
B. Such compensation shall be paid on the following bases:
C. CITY shall have the right to review and audit the time
records and related records of CONTRACTOR pertaining to
any payments by CITY.
3.2 GENERATED REVENUES
CONTRACTOR is required to generate revenues in the amount of
by January 1, 1985 from approved revenue
generating projects. Funds generated by grants (Federal,
State and Local) vill not be considered generated revenues.
In the event that CONTRACTOR fails to generat-c- the above -
mentioned revenues by January 1, 1985, this Agreement will
be terminated and all outstanding unencumbered and unused
monies will be returned to CITY.
CONTRACTOR irtust submit proper documentation supporting the
expenditure of. such program generated funds as per the
Budget suma-,lary and Line Item Budget.
3.3 METHOD OP DAYMENT
All paymielit
sht,11
be
reimbursement
for
expenditures
incurred only
during
the
Agreement period,
and
in compliance
with a previously approved Line Item Budget. Such
reimbursement requests shall contain a statement declaring
and a f- f i- yrn i I I
with the approvP0 Lin- iten 711,11f3gr' l-, Al. -I in
support of" qk)c1,1 And all invoi-c-r- mvirzt- 1--cn paid
by CONTRACTOR pr-fior to siibmir-Fzion to ('TTY. 7\ 1, 1 m h 11 r -- n -
ments must- I)(-, i i I in,,n i,t-r7rll fnrni- find hr- Dil 'nCC0-T'0 !-7 J 1-1 h t b i S
Agreenent. 7'�, 11, z- e� rz n s 1, 1) na 1.
invoicc. Tn pnid Il
sources,, a cop'y f- the invn-ic� mrry- 'of- y
t'llt must
indicate thn ci,-1c"t- amintint_ pi -id by v-ario?7s fundina, sources
equal. inq tjl-, of the invoicr- All pct-ty ensh Iccounts
must bo jus" tifi�d with proPer documental'--i.on. Rec-A�icf;t for
Line Item Bo6oet clflanqC�, arc with prior re -view
and approval I)-,. the T)ii-ector of thc DEPARTMEW. Requests
for advance payments shall be skibmit-tcd, including the
amount rcque�;tf>d and a justification, in writing to the
Depart -merit revio-7 and approval.
3.4 FINhNCTATA PXCOUTiTABILITY
CITY rep-erves, the right to audit the records of CONTRACTOR
at any time during the performance of this Agreement and for
a period of three years after final payment is made under
this Agreement. Any payment theretofore made shall be
subject to reduction for amounts included in the related
invoice or voucher which are found by the City Manager, on
the basis of such audit, not to conctitute, allowable cost.
Any payments made to COINTPIACTOR shall be reduced for
overp.-.',yr,n.entr',, on preceding iiivo-cc-," or vouchers.
3.5 T11-117AN SU13KISS, 10-N,
Reque!;ts for LA)U-21 he i.-Nade on a monthly basis.
Re tit Aizail be :,,ub-..Iitted on the fourth
(4th) wor),"ing �Iay of, (:-acn reouesty: for
expend i tu re ---, -L'Aicury-(-d the tei:m of tt, , Agrec:-ment
shall not be honor(6 rvct.ivcd by CITY forty—
five (45) days following tlt-iet termination of thin. kgreercient.
.S-
3.6 RECAPTURE OF FUNDS
CITY shall rnOerve the right to recapture funds when the
CONTRACTOR shall comply with the terms of the Agreement and
accept cnnditions imposed by CITY at the direction of the
applicahj'r- P-drra'T.' State and Local Agencies.
3.7 C0NTI1QGF.MCY CT,AUST7,
Funding for rA(l-'QcrnPnt is contingent on she availability
of funds ;'nd coil tinned alithori7.ation for program activities
and is svbj�ct_ to amendment or to-rmination due to lack of
funds, or atithori;:ationr reduction of funds, and/or change
in regulationn.
3.8 SALA R1 r- e T UP, I NG F, JOB DESCRIPTIONS
To be oligible for reimbursement for personnel costs, the
CONTRACTOR shall submit to the CITY for prior written
approval, JD 'CcOrdancc with U.S. Department of Labor
guideline-2, a dc'L-(-'jJcd statement of the personnel policies
of the CONTRACTOR. These personnel policies will include,
but are
not
limited to,
pay schedules,
fringe benefits,
resumes
from
staff, method
used to compute
vacations and ill
time, working hours, office procedures, paid holidays,
computation of wages, job descriptions to include qualifi-
cations for job, an affirmative action plan, an equal
employment opportunity statement, disciplinary procedures
and methods, and format for and frequency of employee
evaluations.
ARTICLE IV.
4.1 PROJECT PUBLICITY
CONTRACTOR shall abide by affirmative action regulations in
informing re-sidents of the geographical area to be served
hereunder, of the services to be offered by utilizing any
available means for advertisement, as necessary for recruit -
WOW
go=
ILI
meet and outreach.
All literature, advertising, publicity or promotion
regarding CONTRACTOR's activities will be submitted to CITY
for review And Approval prior to release or distribution.
No press ronfl-rr-ic,will, tin scheduled without written notice
to the CTTY-
4.2 NONDISCRIAITTIA-11 TOM
CONTW7TOR -IG47.-COS that it shall not discriminate as to race,
sex, color, crccd, or national origin in connection with its
perforDais nee undo: this Age cement.
4.3 CONFLICT OFTNTEKES`
CONTRAC77O.P. is nv,7ir-- of the conflict of interest laws of the
City of 1,jj,7njj (Cit-u of fliami Code Chapter 2, Article V),
Dade Cokinty T'lorj.da (Dadc County Code Section 2-11.1) and
the State of Plorida, and agrees that it will fully comply
in all. rcspcct:- i-Ilith the terms of said laws.
4.4 INREMNIFICATIO1,11Z
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, inclur5ing r..,j'k othc,.r acts or omissions
to act on thc.,- part of CON'I'll-ILLCTO, including any person
acting for or on its behLlf, , and, from and against any
orders, judgments, or decrees which may be entered and from
and acainr;,,%-- all costs, attorney 's tees, expenses and
liabilities incurred in the defense of any such claims, or
in the inve-,rtigation thereof.
4.5 COMPLIA-1-,ICE 14,1 TH -FED'Y, 11AL, STI-tTE AND LOCAL LAWS
Both parti(:�; shall comply with all applicable laws, ordi-
nance� zjjjd of Federal, State and Local Governments.
4.6 AMEN LIM, I'll
No ainennmentE to this Agreement shall be binding on either
party unless in writing and signed by both parties.
-10-
4.7 SUBCONTRACTS
CONTRACTOR agrees to give advance notification, in writing
to the CITY of any subcontract. None of the services,
covered by this
Agreement
sball he
subcontracted without the
prior writt-n
Approval
of CITY'
Any work or szmr%pices
subcontract_�,d
ho7re-unfir-r
he-JI lhr:
-0. Ule, t'-frms and-
f t_ it j, - Aa- n C cl (-) c mn -- n :7, a o n i n c e ui,'7! n 1-. Pr - T,)
accor(lavncn wi.1 h th(DF-PARTTENT an(l (7TTY giii(If-lin-s- Tnust be,
submittcd to nnd 7_pp-zowed by thfo T)F',P.]'0M1FNT yvri'OT' to the
execiition of any subcontract. CITY reserver, the right to
review aM hiAl (Iocumt-_ntr [.)oth -e-7ith COTITRACTOR, and other
entities, and, to end �=udit- boo1z's ;,nd rccord:,7 rxf�lated
to the bidding procer,;n n1l prior tro <approving the above
referenced request. The advance notification process shall
include the folloving:
a. ldcnti.f ication of the subcontractor and services
to be provided
b. The proposed subcontract provided together with a
complete and accurate breakdown of that price on a
component by component basis.
ce Identification of the type of subcontract to be
used.
d. Summary of actions taken to select the subcon-
tractor.
Nothing contained herein shall create any contractual
relationship between CITY and any subcontractor working for
CONTRACTOR.
4.8 OWNERSHIP OF DOCUMENTS
All docui;ic-nts developed by CONTRACTOR under this Agreement
shall be dclitired to CITY by said CONTRACTOR upon comple-
tion ol-E requirted pur::'uant to Axtic1c, 111 hereof
and shall b.ecume the property cat CITY, without rez-:trietion
or limitation on its use. CONTRACTOR agrees that all
7M
documents maintained and generated pursuant~ to this con-
tractual relationship between CITY and CONTRACTOR shall be
subject to all provisions of the Public Records Law, Chapter
1190 Florida Stntiftes.
it is fur'Cher nni1r-!r,,-toad by and between the parties that any
documents. of firer matter whatsoever which trz qi.ven by
CITY to pi-irsurint to this Agrr7ment_ nh'111, at aIJ
times rzretain llht, props-,x-ty of CITY Qind shall n(,-)I.- ',)e tired by
CONTRA.CTOF for any other purposes whatsoever without the
written conrzcnt of CITY.
4.9 AWARD OF AGPFFIMENT
CONTRACTOJ� lon*rrlitUr, that it has not employed or retained any
person employrnrl by the CITY to solicit or secure this
Agreement-. and 1,A),it i,,,k-- has not: offered to pay, paid, or
agreed to pay any p(_-rson c.-mployed by the CITY any fee,
commiss3.oll perectitage, bro);er,1qc fee, or gift of any kind
contingent upon or resulting from the award of this Agree-
ment.
4.10 NON-DELEGABILITY
The obligations undertaken by the CONTRACTOR pursuant to
this Agreement shall not be delegated to any other person or
firm untos CITY shall first consent in writing to the
performance of such services or any part thereof by another
person or firm.
4.11 CONSTRUCTI01-Z OF AGREEMENT
This Agreei-.1ent olhall be construed and enforced according to
the laws of the State of Florida.
4.12 0 PLIGAT1011 TO
Upon t_(!riuinatiern of this Agreement, CONTRACTOR agrees and
under.st«And,_ thLt the CITY has no obligation to re -new this
Agreeintniv.
4.13 TERMINATION OF CONTZACT
CITY retains the right to terminate this Agreement at any
�12—
time prior to the completion of the services required
pursuant to Arst-AcIp 11 hereof without penalty to CITY. In
that evert}_, T)ntice of tPumination of this Agre-Pment shall be
in writinq to COTITRACTOR, who qhnl). I-s^ plid fo-,- those
of tile
prior to thf- OAtn
servxc,'s p—1'orTI, (' d
noticP of 7.il n(:-) case, hoc -ver, i-ii1l CITY pay
CONTRACTOR an nmnunt in excess of the total siim prooided by
this Agreemcnt—
It is hereby understood by and between CITY and CONTRACTOR
t1l j f-
, SoCt4
that any payment made in accordance with .91on to
CONTRACTOTi �-ha]-) be made 0-D3.y if €paid CONTRACTOR is not in
default un(3c1..- It-.h(, tormr- of llhjI' CONTRACTOR is
in default, then CITY :7Jial), j.11 T)o v-;!�y lxobligated and shall
not pay to CONTRACTOR any sum
4.15 GENERAL CONDITTONS
A. e%ji ilotices or other communications which shall or may
be given pursuant to this Agreement shall be in writing
and shall be delivered by, personal service, or by
registered mail addressed to the other party at the
address indicated heroin or as the same may be changed
from time to time, Such notice shall be deemed given on
the day on wI)ich 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
Address Address
B. Title and paragraph headings are for convenient
reference and are not a part of this kgreement-
C. In the event of conflict betveen the terms of this
Agreement and any terms or conditions contained in any
wl3-P
_111111millpilliq
attached documents, the terms in in X s Agreement shall
rule.
0. No waiver or breach of any provision of this Agreement
shall constitute a waiver or any *subsequent breach of
ur s i o T) hereof, and no waiver
the same or Anv othct- 1-1
i V i in I smade in writing.
4.16 INDEP 'NT-1 M
agents shall be deemed to
CONTRACTOR ;In(] its employees and
-orr agents or employees of
be independent cont ict nd not age
CITY, an(3 :7ha1.1, not at'taxn any rights or benefits "nder the
Civil service or Pfnsi.on 0,dinnn,,S, of CTTY, or arly rights
'; I Qnk 0 ces
generally afforded c1JISSi f-i-C-6 Or Unclassif i" PI Y - ;
further it not he deemed entitled to the Florida
Workers4 cornpensitjon benefits as an employee of CITY.
4.17 SUCCESSORS, AND ASSIGNS
This Agreement shall be binding upon the parties herein,
their heirs, exccutors, legal representatives, successors,
and assign:.
4.18 DEFAULT PPILOVIS31ONS
In the event. that 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
CONTRACTOR i',iay cancel and terminate this 1:arecment, and all
1ONTRACTOR
payments, advances, or other cor1pensation paid- to C
by CITY while CONTRACTOR was in default of the provisions
herein contained, shall be forthwith returned to CITY.
APPICLE V.
CONTRACTOR ASSURPAIXLS AN'D CE'RTI FI CATIONS
5.1 That it poSEeSSes tll(- =i authority to enter into this
Agreement by k-,-'&v_ 017 0 1 LAiGh, LKA'(_ i:ilar action
-
that hds b(-,tzn duly 6dOPtcd Or I"' c)f f icial act Of
CONTRACTOR's governing body, authorizing the execution
� 14_
AN
of the Agri ;neat, including i I I 1 na i nq s and
assurances contained heroin, AnI r1ir n t! -n ill It h o r 12 1 ng
the person ill-ntifiocl t-iie-of the
CONTRACTOR to in. conT)-71 i0n a n d to
prov ic] s) c 1) t q
5.2
It will. !Ahf7, n o n c t -wh i c h
limits tiv� 'Ic"J-i-Ly of -7�Mployer--�s'
5.3
That no prog-m, this Agreement shall involve political
activitie:
5.4
I
It sh,1, a 3. probibit- crnployces from using their positions for a
purpose that is o-,-- gives the appearance of being motivated
by desirr- for private gain for themselves or others,
part i cu thnsn with whom they have family, business or
other ties.
5.5 Participants or employees in the program pursuant to this
Agreement, will not be employed on the construction,
operation or maintenance of that part of any facility which
is used for religious instruction or worship.
5.6 Appropriate standards for health and safety in work and
training situation will be maintained.
5.7 Persons employed in public service jobs under this Agreement
shall be paid wages which shall not be lower than whichever
is the highest of (a) the minimum wage- which would be
applicable to the employer under Federp.l -standards, (b) the
State or local Minimum wage for the most nearly comparable
covered
employ -meant, or (C)
the
prevailing rates
of
pay
for
persons
employed in similar
public occupations
by
the
same
employer.
5.8 It will With the Civil Rights Act as amended.
5.9 It will CO!'FlY With 0-e rc-c3ulzations and requirements of the
Office of E-nd hudget Circul�ir A-102, "Uniform
1. - -
f(Jr Cr &-tit 1 i id to State and
Local Govern,,z;�nts" z2nd J-!c-d(:-1,al. Circular 74-4,
*Principles for Determining Costs Applicable to Grants and
Contracts with State and Local Governments."
5,10 ANTI-KIC,XPACK PROVISION
The CONTRACTOR will comply with the Anti -Kickback Act, Title
18, USC flecl'.inn 874, and provisions of the Federal Labor
Standards, Title 29.
IN WTTNES5 1--he part ier, hereto have r,;) used this
instrument to he by the, respfct iv� of f icialp thereunto
duly authorized, this the day and yeai, first abnvc
ATTEST:
RALPH G. ONGIE
City Clerk
ATTEST:
Corporate Secretary
CITY OF MIAMI, a municipal
Corporation of the State of
Florida
By
HOWARD V. GARY
City Manager
CONTRACTOR:
By Title
(Seal)
APPROVED AS TO FORM AND CORRECTNESS:
JOSE GARCIA-PEDROSA
City Attorney
REVIEWED A14D APPROVED BY:
RISK MANAGERENT DIVISION
CONTRACTOR:
By Title —
(Seal)
AV/Wpc/pb/210
6/19/84 12:00
0016-
I