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HomeMy WebLinkAboutR-84-0739a n J-84-518-A 6/14/84 RESOLUTION NO. 84-' 3 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, c;TTH METROPOLITAN DADE COUNTY FOR THE PURPOSE OF IMPLEMENTING A PORTION OF DADE COUNTY'S COMMUNITY DEVELOP- MENT BLOCK GRANT PROGRAM DURING THE NINTH YEAR TO FUND A PORTION OF MIAMI CAPITAL DEVELOPMENT, INC.'S ADMINISTRATIVE BUDGET; FURTHER AIJTIIOR:IZTNG THE CITY MANAGER TO ACCEPT A TRANSFER OR FUNDS FROM DADE COUNTY IN THE AMOUNT OF $56,204 CONTINGENT UPON APPROVAL BEING GRANTED BY THE METROPOLITAN DADE- COUNTY rnmMT. Tnm WHEREAS, Metropolitan Dade County has entered into an agreement with the United States of America for a grant for the execution and implementation of a Community Development Program in certain areas of Dade County, pursuant to Title I of the Housing and Comml,7:ity Development Act of 1974, as amended; and WHEREAS, the aforementioned grant provides for the implemen- tation of economic development activities during the ninth year of the program; and WHEREAS, in administering and managing a Federal Economic Development Administration $4.8 million Revolving Loan Fund (RLF) Program, Miami Capital Development, Inc. (MCDI) was required to provide commercial loans to Dade County (out of the City of Miami limits) businesses; and WHEREAS, Metropolitan Dade County recognizes that as a result of MCDI having provided loans to Dade County businesses it incurs expenses in servicing these loans; and WHEREAS, Pletropolitan Dade County, in a letter dated December 1.9, 1983 indicated its intention to provide MCDI with funds in the amount of $56,204 for MCDI's administrative expenses; and WHLREAS, the Dade County agreement requires that the City of Miami contract with MCDI for it (MCDI) to use several funds in th amount of $56,204 to carry out the work program that is reflected CITY COMIVIISSION A01EETIN C 01' JU14 28 1915At ' � ) .fi e-, in Exhibit A of the attached contract; and WHEREAS, the City of Aram desires to implement the afore- menti..onecl acti ,rit e-s during the ninth year of the Community Development:. Tlrogi.am, using MCD1 as the implementing agency; NOW, Tf1EPj,FORI;, 13E 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, with Metropolitan Dade County for the purpose of lll_ r_ irr, r ..� C0MP._1ni t_v T)OW01(-)r)mpnt' impi.emenLir�y d �JVLl.AV11 ai.Cnc �.vui��r 1 Block Grant Program during the ninth year to fund a portion of Miami Capital Development Inc.'s administrative budget and having Miami Capital Development, Inc. manage the EDA Revolving Loan Fund during the ninth year of the Community Development Block Grant Program. Section 2. The City Manager is hereby authorized to accept the transfer of Dade County Community Development Block Grant Funds in the amount of $56,204 for the aforementioned purpose, contingent upon approval being granted by the Metro- politan Dade County Commission. PASSED AND ADOPTED this 28th day of June , 1984. TEST: -,/ - - e-- - 0 RA 1 . O E City Clerk 1___Z�PREP R,D AND APPROVED BY: ROBERT F. CL,ARK Deputy City Attorney Maurice A. Ferre MAURICE A. FERRE, Mayor APPROVED AS TO 1"'ORM AI`D CORRECTNESS: SE GARCIA-PED ty Attorney RFC/wpc/pb/093 f 84-739 OFFICE fJ Tt-fiw CC}'.1i�tTY P?F:P# r,.GE=R ., OF CC�UTY, FLORIDA COMMUNITY AND ECONOMIC, [3 DAW.9TII TRH FF= T lETRCpO_T�"90s. 'I)ITF -40-? MIAMI, FLORIDA 33130 ` (305) 579-2553 METRO DARE f December_ 1.9, 1983 Ms, Cl-larlotte Gallogly, Director Depart t Of Economic Development Olympia BuildkT, 174 Fast Fingler Street, 7th Floor Miami, FL 3313 ly Dear t ; ni strative SUPPort _�_, the rc,�,ie:� of yn„r request for administrative (hrr office z-ias cu"P-LetedL for Miami Capital Development, Inc. Cap:tal ` s loan �aortfoli a it a s our thi n�axig that one Based. on assesSM11 of the number at loans of County, . that are located Wi.thill. "n-ncorr�pporSeCa Dade ` Ladequately address the techni- (1) financial analyst and one c�t�' cal. assistance needs of the the Board of County Cocmissioners approved an allocation of As you are atgare, ort to Miami Capital early this year. The level $41, 0 00 far _ administrative s trative supp of funding xeca>rmended is $56,000 (see attached) for the current fiscal year an vall require Ccurnssion approval... you should have In order to continue working in the development of our contract, Capital continue t, Inc. provide our office with a work program and a fi- Mizmi Cap 000 funding level. nal budget based on 56, Capital Development, t of our office placed on Mi'�- p 111e con me reiterate a requiren-4n administrative support from Dade County. Inc. as e condition to obtain areas from the payback ditions is that Miami- Capital still 1na}ce loans in Crnmty Capital DeveloFment, di original _IDA funds • As we develop a contract with Miami P this licit agreement could perhaps be incorporated in the language °f :Cnc . , �p the work program. if you Have any questions, please let me know- g' cerely, .Ernest Martin Director Attacb>nent cc: Claud Anderson "I- 84-739 ti ..> 84ry �-`73 ? x: w If:F ` PROPOSED USE OF DADE COtrLM GRANT' RTINT) 3 70 W- B -, a FOR F"T 84 001 SAT -ARID /1JAG _,S (2) Credit/Financial Analyst to be hired at $23,000 and $19,000 (1) Secretary to bired at $14,000 100 FICA. TAXES 130 CROUP INSURANCE 150 UNTDTFJ.OYkM COMPENSATION 160 WOMIAN' S CGTENSATION OPERATING EXPENSES 270 LEGAL 280 ACCOUNTING 533 POSTAGE 620 RM - SPACE Office Space to acco=date new employees, conference zoom and storage area at $16.00 per square foot. Xerox supplies General office supplies -- staples pens, paper, pencils, calculators, etc. 510 CCNMNICATIONS SERVICES TOTAL OPERATING EXPENSES: TOTAL BUDGET Eau- aDRECWMENDED $56,000 $37,000 /,U U $ 4,000 $ 2,727 $ 4,500 $ 3,000 $ 540 $ 360 $ 460 $ 307 Tom+ $ 2,000 $ 2,000 $ 2,500 $ 2,500 $ 500 $ 500 $16,000 $ 4,800 $ 10500 $ 1,000 $ 3,000 $ 2,010 Bbu $91,000 $56,204 84-`i3 19 METROPOLITAN DADE COUNTY, FLORIDA METRO •DADE 105.01. ? ar* April 23, 1984 x (1p . ofFKOF- I1{� r;(71.1't COMMUNITY A"D EruN(1%�!C P�V"-,1�r�FVT 9r) S \'d. nTI1. STI?FF-T `1.1ITE 309 MIAMI, FLORIDA 33130 (305) 579-2553 Ms. Charlotte Gallogly, Director Economic Development Department City of MI-Mmi Olympia Bui.ldirV¢, 7th Floor 174 East Flagler Street Miami, FT 33131 Dear Ms. Gallogl.y : Please find enclosed copies of the contract between the County and the City of Mi_,-mvi on behalf of Miami Capital Development, Inc. I tried to put then on the Cowity Commissioner's Agenda of May 1, 1984 but the County Attorney's Office rejected them because they had not been signed and accepted by appropriate City of Miami officials. Consequently, please place these on the City of Miami's agenda as soon as possible and once they are executed by the City, please forward them to our office to be on the agenda of the BCC. If you have any questions, please let me know. Sincerely, Jose Bravo Assistant Director JB:sar Attachment 84-73 9 r U, 84-73 ? -w�d$�Y'n__+k,.^' rx v 7bt:...dnS 'w �j L_ THIS RETROACTIVE A( TRJ, J1T,-,-NT. a rltr-red iTls:,, 1984, by and betw(—on T),,1.(Ir>_ C, L)IIT1r ", a. �tll.i.r.:i_r..al. �,lll(Ii.lr:i ,;_ran of the ?t.ate of Flor7_do , T- 0 r I. -Ill Q 11r,�- 111d 1)eT1Q 7_t_ n� 7_t.^- COTTr„511.11. t_ Y i)e1-(`1 Opni- 1I- 1''r_0F7' iR tI1P City of Pti. )mi_, 1 mTl;lici.pa1 forvernme1-1t dT11y or� �T>i_�ed lr�d existing under by vi_r_tt7e of the laws of the State of Florida, having its principal office at 3500 Pan American Drive, Miami, Fla. 1,1HEREAS, Dade County has entered into an agreement with the United States of America for a grant for the execution and implementation of a Community Development Program in certain areas of Dade County, pursuant ' to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, certain Dade County Community Development Citizen Participation structures, the Board of County Commissioners of Dade County, and the City of Miami desire to provide social service type activity and economic development- type activity to eligible recipients living within Community Development Block Grant target areas. WHEREAS, Dade County desires to engage the City of Miami to implement such undertakings of the Community Development Program; NOW, THEREFORE, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINITION AND PURPOSE 1. Definitions (1) "County" means Metropolitan Dade County. (2) "CDP" means the Community Development Block Grant Program of Dade County. (3) "OCED" means the Office of Community and Economic Development. (4) "City" means City of Miami. - s 84 -- 3 ? s.. "t5 +a;1fa�071 t•7 t.11 i 1}�, r q T1 (I Urban TTi1T)"° ,;jeaT-1:� t:k'� ;��,=nt r�� his behalf. (6) C?� t on Dp�;e7.opMIT11" (7) rtCDI means 1-4i_ami_ Capital Development, Inc. 2. Purpose r_ ose of the contract is to state the covenant and conditions The purpose under wh ich the City will implement the scope of services set fort �n Part Ii of this Agreement. PART II ; SCOPE OF SERVICES hall in a satisfactory and proper manner as determined by The City s + OCED, perform the task necessary to conduct the program outlined in the Work Program Narrative Exhibit "A" and Budget Exhibit "B", attached hereto and made a part hereof. Amount Allocated. _ City of Miami will contract with , Inc., to Miami Capital Development, to carry out the work program reflected in Exhibit A. 84-739 F 1jj'T TIT. CO?°iPEld A7':I(1g:1 T �'7.r r (fit: I'T PF f�F>..t r;; ir:s t1F � 110T), ,�r.`D rn,�D7TTONS OF PAYMENT The Ci_t: - nc.rcF,t ,s full. payment: x:.o-v- services rendered to the t t ilnt:y ill a mat,ne : S t i,sf ij-tor.y to OCED tale activil aroiznt of budgeted, eligible az7(I 0C -1) approueci C'_7 pe-r-idif:tire s and rnci_imb `an.ces made by the City _under tlt,s AgrcPment . Tn. no event: shall. the total. conpensat _on or to be poi.d. bereti.nder exceed the maximum and total_ aquthori ed sum of fifty-six thousand two -hundred and four dollars, ($56,204), for the period of June 1, 1983 through June 30, 1984. 2. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties, designated hereunder are contingent upon the timely release of funds for this project in U.S. HUD Community Development Block Grant No. B-83-UC-12-0006. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S_. HUD, whichever is later. ._ The services of the City shall commence upon execution of this Agreement or receipt of an Order to Proceed from the OCED, and shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by June 30, 1984. 3. METHOD OF PAYMENT The County agrees to make payments and to reimburse the City for all budgeted costs permitted by Federal, State and County guidelines. In no event shall the County provide advance funding to the City or any sub -contractors hereunder. Requests by the City for payments or reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted to OCED for processing. Payment shall be made b,; t-he County Finance Department Director upon proper presentation of invoices and reports 3_ . r ii�1 a 't i !1 7 approved by the, i_t:y Di_rert:or and. OCFT). TrS.v pii-vpP ,-: of thi-s stect:i.on, or. z.�; .nL?1_s of i m"rc�i.c c.^ , r or_.ei_pI s < OT- ()t:II�r errld-nce of AndE'�?t_F'C�RG'SG S" � .1.. lt.)=7! Coil l.t�c�q";n{� F1T r T7nT." ��t�r f?iflf ilt. ii:i..f)it �"l�qe original (3_i)C17MCT11:n !'"milint: br- fi.l1e Cil:7 mmist ideqi.iately juSti_fy HICJr gbS,k-T1CQ , i_n 11-71-i.t1.ng, and i it7-ni_ s}1 ('_()ff f1s . T.iivoi_Ce_s shall not: be honored if received by the Finance Department later than sixty (60) days after the expiration date of this Agreement. 4. CONDITIONS ON WHICH PAYMENT IS CONTINGENT (1) IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The City shall implement this Agreement in accordance with applicable Federal, State and County laws, ordinances and codes and with the procedures outlined in the OCED Project Operations Manual for Operating Agencies, and amendments and additions thereto as may from time to time be made. The Federal, State and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the. OCED Project Operations Manual. No direct payments or reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with the County's Finance Department and OCED. No payments will be made until a copy of the Agency's OCED-approved personnel policies has been placed on file with OCED and the County Finance Department. No payments will be made until an OCED-approved cost allocation plan for multi -funded projects has been placed on file with the County Finance Department. "k- s to I 84­173 c7 ( ? FT11AN( T. A' A The Coin -it- r}., . , t,. r } ;r I r., � � tr, ?,t 7_i?t' i.naI fzscaJ. �'c,,�t .-�t irt:tt 7a r, n- stir ? tr = F;^ � � t. r .,_; t` ; �,t_ .}T _sting firm ,.- t , t'<�,, ,,;-r ta,s;o; ,),,,,r i_i. Depiz:t.T^ec,.t at: ,.,;v t:n determine the capahi.J_;.t ,- f t:1,e Gi_t:y to f-i_sc J_T y man-1 the project in accoT.d gzlce t<•?i_t tt Federal, State and County requirements. (3) SUBCONTRACTS Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with County, State and Federal guidelines and regulations must be submitted by the City to OCED and approved by OCED prior to the execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and County laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without prior written OCED approval. (4) PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Project Operations Manual, including Federal Management Circulars A-102 and A-110, Attachment '0', "Procurement Standards", incorporated herein by reference. (5) REPORTS, AUDITS AND EVALUATIONS Payment will be contingent on the receipt and approval.of reports required by this Agreement, the satisfactory evaluation of the project by OCI:D and the County and satisfactory audits by the Internal Audit Departments of the County and Federal Government if required. A1.1 reports (monthly, bi-c.r cicly, etr_.) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. -5- 84-'7,3 9 x �. (6) AT)�?I1.j(�.� {.(7' TIi1 �;iijl }i_.ti+��' 3 , OCEI� ?.1CpPn Or termiT►?i:'7-- 1't;,"r(IP,T11 ttl7i:i 1 1-1) Ci i.'," !'f `�i91i -- t•?.t.tii t1V ati.di_tional condi.t _ons t.fl lt: may be i_mprzse�l by t)%;IZi), it�e Coi. t:y or U.S.HUD at any time. ( 7 ) PP. 0R I�TRITTEN APPROVALS-SUNi11AR The fal.lowi_ng activi-ties, require the prior written approval of OCED to be eligible for reimbursement or payment. (a) Initiation of new programs not covered by this Agreements (b) All subcontracts and agreements pursuant to this Agreement; (c) Hiring of new employees; (d) All capital equipment e:-:penditures of $300 or more; (e) Procurement of all electrical items; and (f) All out -of --town travel. PART IV GENERAL CONDITIONS 1. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The City agrees that no person shall on the ground of race, color, national origin or sex, be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination the County shall have the right to terminate this Agreement. To the greatest feasible extent lower income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 10 2. OPP0RTULTT.TTF,'.1 FnP, >MT_T At -IT) t1TIrTO TT Y In the p-rn(nii-,,,r-n nt. of n,Tpp _1.es . -11I1-_ iif",nnTC i. OTIS- truction or Services to 7_iTiT?�._� Ttnllt_ f:ll _;^ I�aT-r hment., t:hr^ Ci t: ,'i_�,i_1. make ,. pOs?.tive_ effort to ut-]_i i -.0 ^ 17.�,�_ 1711�1.T1� �r lnli Tll.iti)1 l.$:�T 'ni.TTlt�f TlI,1C7.i1[?� c �f?II7 Ces of supplies, and )1.1d Tj1-n:I_j_do 1:13r?cn Sni77rr f:lln SIa;t7. 11Ii? feasible oppC%tlillity t:n rnmPnt-.r for contr,70t.S to be ps.=_rf-wt-med pursuant to this Agreement. To the ma-xziITii9m l'_ tent feasible these small business and minority owned business sources shall be located in or owned by residents of. the CDP areas designated by Dade County in the CDP Grant Application approved by U.S. HUD. 3. EVALUATION AND MONITORING The City agrees that OCED will carry out periodic monitoring and evaluation activities as determined necessary by OCED or the County and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual. progress relating to project schedul.in-, budgets, and out --put measures. The City agrees to furnish upon request to OCED, the County or the County's designees and make copies or transcriptions of such records and information as is determined necessary by OCED or the County. The City shall submit on a monthly and quarterly basis, and at other times upon the request of OCED, information and status reports required by OCED, the County or U.S. HUD on forms approved by OCED. 4. AUDITS AND INSPECTIONS At any time during normal business hours and as often as OCED, the County, U.S. HUD or the Comptroller General of the United States may deem necessary, tliere shall be made -: ai.lable by the City to the County, U.S. tTUU or the Con;htrol ? i�r General for e-.;aM--na tivn al l its records wi.cil respect to all i,IaLter!: covered by this A„regiment. The City will hermit OCI:D, the County, U.S. HUD or thc: Co,::htroller General to audit and examine all contracts, invoices, ni.ALer. ial s , payroll, records of personnel, conditions of employnier.t_ and other data relating to all matters covered by this Agreement. -7- 84--'73 9 TIIo ?}?till 'e r,- ;?•'_ }1', {� t,�}rrl ; ,> 6�� t.� ` `_ T�;' fzf Lk S III.. by oIl 1,�r1i ;.C�i ofi:i1f (fit? Zf:.' ' c; r:lirin ;?.iiF Ij2� c ni C� Udl.t J Shall bo ttt>i +t ley i:Tie i;�?ti711 T.?Ot:t?Inr,n1:� rtitl i:!'.C<)i;{l regti.ire<i hereunder ,t2 i.1.1. inn mainta _ned by t:llo C ;-y no Less than three (3) years after the termination of this Agreement. 5. DATA BECOMES COUNTY PROPERTY All reports, plans, surveys, information, documents, maps and other data procedures developed, prepared, assembled or completed by the City for the purpose of this Agreement shall become the property of the County without restriction, reservation or limitation of their use and shah_ be made available by the City at any time upon request by the County or OCED. Upon completion of all work contemplated under this Agreement, copies of all of the above data shall be delivered to OCED upon written request. 6. INDEMNIFICATION The City recognizes that it is an independent contractor and stipulates or implies no affiliation between itself and the County. The City shall, as provided by law, indemnify and save the County harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened, unless such act is caused in whole or in part by an agent or employee of the County. The City shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits, in the name of the County when applicable, and shall pay all costs and judgments which niay issue thereon. In particular, the City will hold the County h,-irmless and will indemnify thc- C,:>,._nty for funds which the County is obligated to,refund the Federal Government arising out of the conduct of activities and a(1-,inistration of the City. 84-739 s The i_T?iG.ili_ at fi` t_p�7S, C)f t_lli.c; 14 ,3q avail ib:i_1_i_;-•,> OF 0)n Agency's is not to substi_t_111=e IJ-)v or replace existing or planned projects or, activities of the c t.y ' The City igrees to maintain a level of hetivi_t..ies and expend:i_tizres, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. 8. CONFLICT OF INTEREST The City agrees to abide by and be governed by County Ordinance 172-82 (Conflict of Interest) as amended which is incorporated herein by reference and conflict of interest provisions of the Community Development Block Grant Program. The City further covenants that no person who presently exercises any functions or responsibilities in connection with the CDP Project, has any personal financial interest, direct or indirect, i.a the target areas or any parcels therein, which would conflict in ally manner or degree with the performance of this Agreement and that no person having any conflicting interest shall be employed or subcontracted. Any possible conflicting interest on the part o= the City or its employees shall be disclosed in writing to OCED; provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of a??u participation of lower income residents of the project target area. 9. CITIZEN PARTICIPATIO14 The City shall cooperate with OCED in informing the appropriate CDP Citizen Participation Structures, including the appropriate Area Committees of the activities of the City in carrying our the provisions of this Agreement. Representatives of the City shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of the Citizen Participation Officers, OCED, or the County. 10. PROJECT PUBLICITY The City will take affirmative action to inform area residents of the services hereunder through the local news rnedia, and the County Office. of Comrunications. p,,{{ 7 l l . CONTRA(T .rtr�r r The Which i r �tr?.7_r f C. �T;:fj ? ar? r i Tf, '^T:F7(1 1)l._o7!ff.,Z,encp an( -1 Fiz t<.0 _.. ie a part I,A t,,or (1 1)o )'nfn-rr-r.(I t_o a t:hn Cni�fi7: 7Ct=4 and all (-If ';7 fl (�f`! ( t'? ili ,^. i ni' n Ar, 1 W1101_t Ct1`el(it 7,t;1?% n t.-.i)t? cont 1-acte betwee i t.o,e, I,a, t.�.(.r i�e�-nf c, ind are as fully a po-cf— of the contract as if. they -wero set forth verbatim and at length herein: (l) Agreement. (2) Approved Project Grant Application and Work Program (3) Summary Budget(s) (4) Off 'ic_e of Management and Budget Circulars A--122, A-102, A-87, and A-110 (5) U.S. HUD Closeout- Procedures (6) Evaluation measures for each objecLive of thr, work program (7) County Conflict of Interest and Code of iathi_cs Ordinance (8) Executive Orders 1.1026, 11246, 11625, All of these documents are filed and will be maintained on .file at the business office of OCED. One copy of the contract documents will be furnished to the City without charge by OCED, with the exception of item (2) above, which shall be transmitted to OCED by the City. 12. TERMINATION A. Termination or Suspension of Payments of Contract for Cause: If through any cause the City shall fail to fulfill in timely and _ proper manner its obligations under this Agreement, or if the City shall violate any of the covenants, agreements, or stipulations of this Agreement, the County shall thereupon have the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the City of such termination or suspension of payment and specifying the effective date thereof, at least five (5) working days before the effective date of termination or suspension. If payments are withheld, OCED shall specify in writing the actions that ,,:ust be taken by the City as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. -10- 84— 73 ci c } tI Fir M� �) f 77 T71fi 1t. 1 C t.,F 0C T s z (2) Fn,_ l_ i i r. n t;` �-} I v ''l.t:h t:�"1 � : �C i?f) ?1: (1j�T'rI _)r terms of this Ag (3) reports as required; and (4) S«t)mi_t._ mat er i_a lly incorrect or incomplete reports. In event of termination all finished or nnfi.ni_shed documents, data studies, surveys drawings , maps, models, phot:our 1ph s , reports prepared, and capital equipment secured by the City with CDP funds under this Agreement shall be returned to ACED or the County. Notwithstanding the above, the City shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the contract by the City, and the County may withhold any payments to the City for the purposes of set-off until such time as the exact amount of damages due to the County from the City is determined. B. Termination for Convenience of County: The County may terminate this Agreement at any time by giving at least ten (10) working days notice in writing from the County to the City. If this Agreement is terminated by the County as provided herein, the City will be paid for allowable services performed under Part II of this Agreement until the effective date of termination. In the event the grant to the County under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date the U.S. 11UD specifies. If this Agreement is terminated due to the fault of the City, it shall be subject to paragraph "A" above. C. Termination for Convenience of the City: At any time during the term of this Agreement, the City may, at its option and for any reason, terminate this Agreement upon ten (10) days prior written notice to the OCED. Upon termination, the City shall be paid for services rendered pursuant to this -11- 84-'73 9 Agreement t:hr_oz.igh and including the date of terminations subject to the condit.ions of Paragraph "B" above. 13. SEVERABTLTT'I OF PROVTSTONS If any prov%_sion of this Agreement is held invalid, the remainder_ of this Agreement- shall. not be affected thereby if such remainder tloz.zl.(, then continue to conform to the terms and requirements of applicable law. 14. AMENDMENTS The County may, at its discretion, amend this Agreement to conform with changes in Federal, State, County or U.S. HUD guidelines, directives, and objectives. Such amendments shall. be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the Board of County Commissioners and approval of the City of Miami Commission. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the Board of County Commissioners and the City of Miami Commission and signed by both parties. 15. OPTION TO RENEW This Agreement or portions thereof shall.be renewable at the discretion of the County Manager, in writing, for a maximum period of one year on the same terms and conditions contained herein upon the delivery of written notice by the County to the City at least 30 days prior to termination, but subject to acceptance and approval by the City. 16. NOTICE All notice required to be given under this Agreement shall be sufficient when delivered to OCED at its office at 90 S.W. 8th St., Suite 309, Miami,. Florida, and to the City when delivered to its office at the address listed on page one (1) of this Agreement. .. , 17. -z. This A C 1) (� — t F�C`c, i1 S n �=t^ � S �. S ,3 r� !3 i ill � �-i"' f. .'- r ill ":if i-� �"�-r� yr ;G`r� :? exhihzf: C i [�1 Titerpcarts, each of wbi.c i I),-) I I he drr•mr,(i t o I)e- ate .-,,dA _ sttcl,l counterparts will const:i_tut:e one and the same instrument. WITNESS our Hands and Seals on this day of 1984. Approved as to Form and Legal Sufficiency: BY: BY: Assistant County -Attorney Attorney tor CIT—y---ol Miami Metropolitan Dade County (Signature Optional) BY: County Manager Metropolitan Dade County ATTEST: BY: OCED signature BY: uierK, boara or county Commissioners Metropolitan Dade County (SEAL) BY: Howard Gary, City Manager City of Miami BY: Clerk, oar ot qity Commissioners City of Miami - - 84--73 9 EXHIBIT A The City of Miami_ will insure that Miami Capital Development, Inc. ampletes the following: 1) To manage c :�a.stinq loan FK rtfol _.o. 2) To esta`,)li.sh a loan workout committee for loans in default. 3) To encourage and secur, franchising oppor t-unities for minorities with National franchis(,,s. 4) To provide working capital and fixed assets loans at belcw market rates to small and m�d.ium sized businesses in civil di.sturbance affected areas. 5) To conduct bi-annual seminars to upgrade small entrepreneur_ opportunities and capabilities. 6) To pi1h1 i -;h cniart_erl.y a business oriented newsletter. 7) To assist the procurement of SBA loans for small and medium sized businesses. In addition, the City of Miami. will be responsible for monitoring the accomplishments of Miami Capital Development, Inc., on behalf of Metropolitan Dade County. The City of Miami will provide a year end report of the accomplishm---nts of Miami Capital Development, Inc. as part of its monitoring function on behalf of Dade County. It is further requirod that Miami. Capital Development, Inc. still make loans in County areas from Uie payback of original EDA funds. 84-'73q BUDGET FOP FYE 84 001A ial Analyst to CredltlFinanc?3,000 ; be hired at r2t•ary to be hired at 5 14:000 (1) Sec 100-CA AXES - 130 GROUP IPISURMICE 150 U'VEi�1ENT CO;IPEWSATIO�I ' $ C()''1PEZISATIO;1 OPERATIIIG EXPE,_ SES 270_---EM 2'0 p�COU�ifG 53�STA� SPACE 620 R E� _-------_ ne:•r employees, to accomodatestorage area $ 16-00 Office Space conference room and per square foot. Xerox SuPP"es lies _ staples supP etc. General officeencils, calculators, pens, Paper' P , TOTAL UP EI? i•T I I1G EXPEKSES TOTAL BUDGET $ 37 ,000 37,000 $ 2,727 3,000 S 300 - 307 2 ,000 $ 2,500 500 S 6,910 1 ,000 S 12,130 5 56 ,20A 840739 k 1a+ f : Y 0VF a � 4 INTOP-C FrIC i� MAC�ia er !a'� Howard V. Gary TO City Manger FROM Charlotte Gallogly/ Director L Department of Economic Development RATF_ SUBJECT RFFERFN(:FS FNCLOSURFS: April 0, 19f;11 FILc Agreemen€, ;.r h Dade County for the Provision of $56 7 2014 to Miami_ Capital Development, Inc. "It is recommended that the City Commission approve the attached resolution authorizing, the City Manager to enter into an agreement, in substantially the form attached -hereto, with Metropolitan Dade County, for the purpose of implementing a portion of Miami Capital Development, Inc. Is administrative budget; further © authorizing the City Manager to accept ­4� a transfer of funds from Dade County Qom, in the amount of $56, 204, contingent upon approval being granted by the Metropolitan Dade County Commission." During the past fiscal year, the City of Miami provided Miami Capital Development, Inc. (MCDI) with $188,161 of 8th year Community Development Block Grant (CDBG) funds for administrative expenses associated with the management of a $4.8 million EDA/Revolving Loan Fund (RLF) and a $9501000 HUD Discretionary Grant Program. Also, the City was instrumental in having the Dade County Office of Community and Economic Development allocate funds in the amount of $91,934 for administrative support of MCDI's program. At the March 8, 1984 City Commission meeting, approval was granted for the City to provide MCDI with $120,000 in administrative funds and $1.3 million to implement a Revolving Loan Fund (RLF). As for Dade County's contribution for the current fiscal year, the City of Miami Department of Economic Development (DED) had requested from the Dade County Office of Community and Economic Development (OCED) that it provide MCDI with the same level of funding that was provided last year. This was based on the fact that MCDI would have to continue to utilize a portion of its administrative budget to service the EDA/RLF loan funds that were originally provided to Dade County (out of the City of Miami limits) businesses. 84 7 3 In a letter dated December 19, 1983, OCED informed thh TIED that it would only .be able to provide P-1CDI with funds i.n the amount of $56,204 for the p>>.r.po7,e of partia.11_y f:und.i.nq i.t:s .�c2mini.st_rati_ve budget, At the same t.i_me OCI D po _ntod oiit that: i,t rec{ra. i red that MCDI mast "still make loans i.n County areas from payback of original UDA funds." Accordi_ngl,y, Exhibit A of t-he attached contract contains a provision to meryt th ..s rec{rai_rement_, f Finally, it should be noted that the DTD has been informed, as per the attached letter dated April 23, 1984 that the Metro - Dade County Commission will not formally act on this contract until the City of M)-ami City Commission approves it. Once Dade County approves the contract, the DED will then transfer the subject funds to MCDI through an amendment to the existing administrative and RLF contract. CG/AR/ju Attachments 84-739