HomeMy WebLinkAboutR-84-0540J-84-434
I t 0
RESOLUTION NO. 84-° -40
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, TT! A FORM ACCFPTAP_LE TO THE CITY
ATTORNEY, WITH THE GRFATER MTAMT UNITED, T_NC.
IN AN AMOUNT NOT TO EXCEED $1.00,000 FOR THE
PURPOSE OF DECOMTNG A FtJIJDINC, PARTNER TN THE
LOCAL TNITIATTG] SUPPORT CORPORATION (I,TSC) /
MIAMI PROJECT, WHOSE OBJEC-TIVE W_T_LT,, I3I_? TO
PROVIDE LOAN AND GRANT FUNDS TO LOCA1, COMMU-
NITY DEVELOPTIrNT CORPORATIONS (CDC-,) OR
COMMUNITY L31_\3ED ORGANIZATTONS (CPO,) FOR THE
PURPOSE Or THEIR BrCOMTNG INVOLVED IN CAPITAL
INVESTMENT PROJECTS WITH TIE ALLOCATTON OF SAID
FUNDS Bl"ING CONTINGENT UPON THE CITY OF
MIAMI RECEIVING AN $11,250,000 IIUD GRANT
TO IMPLEMENT THE FY '84-'85 COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM.
1' WHEREAS, the City Commission is committed to economic
development and the expansion of trade and commerce; and
WHEREAS, the promotion of economic revitalization in the
neighborhoods of the City of Miami is an important part of
the City's economic development strategy; and
WHEREAS, the City of Miami recognizes that the Economic
Development and Housing Program areas of the Metro -Miami
Action Plan recommended six actions that would be furthered
by providing special support to Community Development Corpora-
tions (CDCs) or Community Based Organizations (CEOs); and
WHEREAS, Greater Miami United, Inc, has been asked by
the City of Miami and Metropolitan Dade County to raise the
private sector match required for the Local Initiatives
Support Corporation (LISC) to establish an office in Miami
to provide a two year, $1.4 million loan and grant fund for
local CDCs or CBOs to utilize in becoming involved with
capital projects; and
WHEREAS, the City of Miami has received a letter from
the Greater Miami United, Inc. dated April 20, 1984, requesting
that the City of Miami become a funding partner in the Miami/
LISC Fund by providing funds in the amount of $100,000; and
%-A" I UUM.M1SSION
MEETING OF
MAY 10 1,364
sotuIiu .,,. .. `
WHEREAS, The City of Miami currently contracts with eleven
CBOs who could benefit from the Ci_ty's participation in the
Miami/L=TSC. project; and
WHEREAS, at the April 5, 1.984 City Cnmmissi_on meeting,
Resolution No. 84-384 was approved on First IZeadinc?, authorizing
the City tanager to submit the att.-.ached a.pp=. cd Grant Program
Fund Statement to the U.S. Department of Housing and Urban
Development (HUD) requesting funds in the amount of $11,255,000
for the City's proposed Community Development Program during
FY ' 84-' 85 ; further author_ .z i_ng the City Manager ur)on approval
of said grant by HUD, to accept same and negotiate the necessary
implementing contracts and agreements; and
WHEREAS, the City of Miami's proposed $100,000 contribution
to the Miami/LISC Fund is one of the allocations that is included
in said HUD grant of $11,255,000; and
WHEREAS, it is anticipated that said HUD grant funds will
be received by the City of Miami by June 16, 1984;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to execute
an agreement, in a form acceptable to the City Attorney, with the
Greater Miami United, Inc. in an amount not to exceed $100,000
— for the purpose of becoming a funding :aartner in the Local
i
Initiatives Support Corporation's (LISC) Miami project; whose
j( objective will he to provide loan and grant funds to local
Community Development Corporations (CDCs) or Community Based
i
Organizations ((-'BOs) for the purposes of their becoming
i
involved in capital investment projects.
Section 2. A sum not to exceed $100,000 is hereby
Allocated contingent upon the City of Miami receiving $11,225,000
s
84- 540
from a HUD grant to implement its proposed FY 184-185 Community
Development Block Grant Program.
PASSED AND ADOPTED this loth day of May
1984.
Maurice A. Ferre
I-AURICE A. FERRE
Mayor
ATTEST:
RAL H G. ONGIE, CITY CLERK
PREPARED AND APPROVED BY:
T F. CLARK DEPUTY Y ATTORNEY
ROBER ,
APPROVED AS TO FORM AND CORRECTNESS:
4SE—��ARCIA--PEDROff-A--,CYITY ATTORNEY
84-540
Lo
777
TO
FROM
Howard V. Gary
City Manager
CITY OF MIAMI, FL0R!r.)A
INTER -OFFICE MEMORAND- UM
Charlotte Gal.logly
Director
Department of Economic J
Development
DATE April 24, 1984
SURJECT. Recommendation To rxecute
An Agreement With The Greater
Miami. United, Inc. For The
Purpo�;-, Of I'-�coi-iii_nq A 17unding
REFEP.ENCE.7a./ �
rtne.r_ Tn. I,I„�C %aiami_
Project
ENCLOSURES.
May 10 Commission Agenda
"It is recommended that the City
Commission approve the attached
resolution authorizing the City
Manager to execute an agreement,
in substantially the form attached
hereto, with the GREATER MIAMI
UNITED, INC. in an amount not to
exceed $100,000 for the purpose
of becoming a funding_ partner in
the Local Initiative Support
1 Corporation Project,
whose objective vJ 1.1 be to provide
loan and ct� ant ittnd > to 1-Deal_
t c„i
Community 1)ev elopr,,ient Corporations
(CDCs) or Community, Pawed Oryani-
zati_ons (CEOs) for the pua_r�)ose of
their 11L.coming involved in cal-)i--
tal investment projects; alloca-
tion of said funds contingent
upon the City of Miami- receiving
an $11,255,000 MUD grant to imple-
ment the FY 184-185 Community
Development Block Grant Program."
The Economic Development and Housing program areas of the Metro -
Miami Action Plan (MMAP) recommended six actions that would be
furthered by providing special support to Community Development
Corporations (CDCs) or Community Based Organizations (CBOs)
as they are commonly referred to in the City of Miami. This
program called for the establish-nent of a Local. Initiatives
Support Corporation (LISC) Arez� of Concentration in Miami,
that would provide a two year, $1.4 million loan and grant
fund for local CDCs. These grant and loan funds, which would
84-540
Page 2
not pay for administrative costs, would enable CDCs to invest
in capital projects associated with housing, real estate
development-, commercial development and business development.
That is to say, the CDCs tai.lj. be able to obtain grants for
conducting feasibility studies retatc d to capital projects,
as well as low interest loans to i.nvcst in such projects.
Also, it- Would provide- the CDCs With capacity bui.ldi.ng grants
to increase their ability to develop and manage community
development activities,
LISC is a national, non-profit grant and loan making institu-
tion with more than $50 million in resources. In December, 1983
the LISC Board of Directors resolved by Board action to
establish a LISC Area of Concentration (a pool of funds for
a specific geographic area - in this case, Dade County) where
the local private sector would raise a 50/50 match with LISC
national funds. The only funds that LISC can match on a
dollar for dollar basis are those that are raised by the private
sector.
Greater Miami_ United (GMU), a local_ non-profit corporation
formed in May, 1981, was requested by the Metro -Dade Office of
Community and Economic Development and the Mayor of Miami to
raise the required LISC private sector match for Miami. GMU,
which has already been successful. in acquiring $267,000 from
Dade County ($ 200,000 for the loan and grant fund proggram,
as well as, $67,000 for GMU's administrative expenses) for
the LISC project; would provide a small local_ office for LISC
and will l:.)e available to provide information about the program
in Miami.
On April_ 20, 3_984, the City of Miami_ Department of Economic
Development (DED) received a letter and proposal from G%1U
(Attachment I) requesting that the City become a funding partner
in the Miami/LISC grant area fund by providing $100,000. These
funds would then be transferred to LISC on behalf of the City
of Miami. As a result of the City of Miami's participation,
the structure of the local LISC fund would eventually be as
follows:
Local Private Sector $300,000
LISC National Match 300,000
LISC Low -Interest Loans 500,000
Metro -Dade County 267,000
City of Miami 100,000
Total Fund
Ic
$1,467,000
84-540
Page 3
It should be understood that the grant and local fund would
be managed and adminstered by LTSC. All grant and loans
would be made on the recommendations of the LTSC Program
Officer and approved by the local Boarcl of Advisors and the
LISC National_ Board of Directors. The _local Board of
Advisors would be c nmpr_ i.sed of representatives of the local
private sector contributors and the Director of the Metro -
Dade Office of Community and F',conomic Development, as- well
as, the City of Miami. City Iianagcr or his designee would
serve as ex-of_ficio members of the Local Hoard.
Finally, it is important to note the objectives of the LISC
program, as stated in the attached letter and the scope of
services/worl program (Attachment I) .
Recommendation:
It is recommended that the City of Miami participate in this
program by contributing $100,000 because the eleven (11)
currently funded City CDCs would benefit from the project.
As you };noel, the City will soon be entering the final year
Of a three-year funding reduction program with the CDCs.
Once the FY '84-'85 contract terminates, the CDCs will no
longer rcceive ;(3m.i_ili_si-restive support from the City and
will hBvC -L0 Ocrcnd on other funding sources to s11rvivC'.
As a res".li_. Of UIC CK'S Participating in the LTSC program,
it is hoped t:lart they ,;ill be able to obtain grants and loans
that t.hc y call utilize to invest ill capital projects that will
provide Chum with sufficient future income to continue
operating c,c:-onomi c development programs in their respective
areas.
In turn, I -he City wil.l be able to utilize funds previously
allocated for administrative support of the CDCs, for other
needed projects in out- conununity. The impact of the avail-
ability of :.uch funds would be significant, as in this current
year alone, a total of $425,500 is being provided to the
eleven (11) existing CDCs for the administration of their
programs.
Finally, it should be notod that the allocation of these
funds is contingent upon the City of Miami receiving an
$11,255,000 HUD grant to implement the FY '84-185 Community
Development Bloch Grant Program. It is anticipated that
such fund, will be received by the City of Miami on or
about. Junc, 16, 1984. As a result, the contract period for
this project will not commence until July 1, 1984,
CG/AR/j u
Attachments
E
• � f
BOARD OF DIRECTORS
Co -Chairpersons
Richard W. McEwen
Eduardo J. 'Padron
M. Athalie Range
Members
h.lanu(?l A. Diaz
Dorothy J. Fields
R. Ray Goode
Lucrecia H. Granda
Alvin Guilford
Iioward A. Hadley, Jr., M.D.
Maria C. Hernandez
R. Larry Jinks
Ch?rles F. Johnson, Jr.
Charles Kellom
tvtorton Marcus
Raul P. Masvidal
R. Carl Palmer, Jr.
Paul Singer
Osvaldo N. Soto
Floyd Thacker
Francena Thomas
Dorothy C. Weaver
Executive Director
Laurie A. Raskin
-_
GREATER MIAMI UNITE
J
N
April 20, 1984 CZ)
tV
.r
Ms. Charlotte Gallogly
Director
Office of Community
d Economic Development
174 E. Flagler Street
Miami, FL 33131
Dear Charlotte,
This letter is to formalize the request of Greater Miami -
United that the City of Miami become a funding partner in the
Local Initiatives Support Corporation (LISC) Area of Concen-
tration for Miami by providing $100,000 to the Miami/LISC
fund. As you know, the Mayor of Miami and key members of the
City administration have been involved in the establishment
of LISC in �Ii-ami and have approved conceptually, participation
in this effort.
We have now reached the point where $200,000 of the
$300,000 private sector match has been raised and Metro -Dade
County has approved their contract award of $267,000.
Mr. Anthony Burns, President and CEO of. Ryder. fiystems, Inc.
has been named the Chairman of the local Board of Advisors.
We are continuing private sector fund development and have
made a call for all funds. We anticipate that program actions
will be presented to the Board of Advisors as early as May
1984.
The attached Scope of Services narrative is part of the
Metro -Dade Contract. It outlines the purpose of the program,
how it is structured, and who the beneficiaries are. The
Metro -Dade Contract assigns a portion of their contribution
for local administration. The City of Miami funds would go
directly into the pool. and be used solely for grants and loans
to CDC's. As you know, this is a two-year conunitment.
1699 Coral Way, Suite 510, Miami, Florida 33145 (305) 856-4228 154-54C
Ms. Charld 1! Gallogty
Page 2
Please advise me if you need further information to
initiate the contract. It would be good if the City had
taken some action on this request prior to the LISC kick-off
on May 23,
Sincerely,
r
Laurie A. Raskin
Executive Director
5
1
j
84-54
SCOPE OF SE�tVICF.SA4-
I. Program Narrative:
The Economic i?cveloFxrnnl: anal tIoll:;itic{ pr .,4 a I areas of the Metro-Mia! i_ F-tior=
t Plan (i 'i'j ) h T7(� l_.}: tom(i7i.n ;lCl` l�'i.l() l 'v.'t11C}l I."J.11 bT fur h= 3 by PTi
i t r>
SU T=xIL O i C i,ThlTll {, r jlc,�,p O� it-.rli= (C?7. �J1 3 -iOls (C r� 1 C}1.S i tiX ram
sDeClal 1E I
the establi.st,Irraf: of a Tgli-t.i.iai.ives uplx�T= rai.i.czn (LT S(-') Arei of
Concentration i_n TSiami., 1•-.11. prrnric3e a t.: o (2) yr, l-. Ini.l 1. _On loan and
grant fund for local CDC's. This fund will ]>jzx i.d project cc7,Ls for housing,
real estate ccF,,Y>!rri.al. d`velor-rant, cconomic 6cvel.or�-nt and busirr�ss
developrrnnt. It will also provide capacity build.i-ng grants to CDC's to increase
their ability to develop and manage caI?rlunity development activities_ It will
i�
not pay for administration costs. The only beneficiaries of the fund are local
CDC's .
^' LISC is a national. non-profit grant and loan raking institution with more
than $50 pillion in resources. It will approve a local area of concentration,
(a pool of fun(l; for a specific gc�graphic area; in this case Bade County) wh'm
the local private sector will raise, a 50-50 1notjch %•:ith 1,ISC n�at.ional fllI"ds.
1 Greater Miami United was requested by the Metro -Dace Office of Co:irnunity and
Economic Development and the t•;ayor of Mi.a*ni to raise the private sector match
for fiiami. The proposal outlined to LISC includes public sector funds from the
county and the city. However, only those funds raised in the private sector can
be mtched dollar for dollar by LISC. The structure of the local fund is as
fol lags:
Local Private Sector $300,000
LISC National Match 300,000
LISC lcw-interest loans 500,000
Metro -Dade County 267,000
City of Miami 100,000
$1,467,000
84-540
1r�
Pa?c. 2 .
The grant and loan fund will be tolnaged and aITinistered by LTSC. All groups
receiving fun 3s wi-11. a o rc cei-ve a,�r3itic:>?t Il- teci�ni_c�11 assistance frcan ttae J,TSC
Pro,:ra7o (r_ cC-r. All 11t 1 � ?5 (Ca11� I':_:'�lr�` } w11} �"' .1�r3<' oil
of }j(. Boa IA O
Advison-, PnC t-he l,T,*C Nat ioi.)3_ BJ<lId Of UlreC{_0r-,ThOr L:CIv1SC?ru
will bc: c:o:lrx)sed of reprc3en{_-3ti.ves of t1le local pri-vatc sector coni_ribut.ors.
The Director of Metro -Dade office of Camaini.ty arY3 1 cconomic Vcveio meet ana
a representative of the City of P✓,i.aT1i will sit as e-offici.o tk,nbers of the
local Board. Mie, LISC I?nard of Directors resolved by 1oard action in December
1983 to establish a LISC Area of Concentration in Miami.
Greater t.Lianli. United has been requested by LISC to expand its services to
provide a shall local office for LISC whose national offices are located in
New York. GSM will. provide informiation at`�outt the fund, facilitate meetings
of the local Bco.rd of Advisors, develop a resource canter of community devel-
opment in3teri.als, provides warkshops and soaninars, artd provide technical assis-
tance with project and fund developrpant to CDC's requesting such assistance.
II. Planned Objectives and Goals:
Goals
• To help build strong and lasting ties between cvmmuiity organizations and
the local and national private sector.
• To help cba-mrnity development organizations increase and safeguard their
incomes and real assets.
• To encourage and support local organizations in achieving the business
discipline they need so as to raise and invest their a%n funds rest effec-
tively.
Objectives
• To provide grants and loans of approximately $1.4 million to N.izmi. and Dade
84-54C
r
3.
�,�C ��=�• ern— L .—[��.) 1>Vc'lo:?i�-T:�li. CQ1I>:JI`�`_1C'.._, _ r>a
PM- E'^r_S ovcr the � ;•''' Y life fund .
roiV2.r
! Rj ,ro% ] C.:` `T' -- .-]1P.1nU4 an-,, tccy1Tl1�'c _ �S�15t?nCc to C'a'_' c ra i"
LIS` I cIDY)- .1: M "T!i:, .
b TO _ _ ' , ' �i t,') CDC c m}7t receiving Li SC la=n_=
jam` i:71Ci" 7rt T?7 i) 1 ] 1 - i-lical as_ st.c� ric
c31� CTyc'I'1t-S -ill OT-6'Rr 110 1nCTCaSe their Cap3ciL} to �i)al1iV IOC aSS1S�'1C@ �Z�i1
the LISC fund.
• 'Ib vrovidp Slly�;.�07= t Si'r? i to the M cs: , l 0C-al !'»ard of 2%j. sor5 .
• To COJSdTIl3tE aCi-tVlt1`s ti].{ }] 0i=}1F i- jir�?Or CD- a i1.T7 ? nC7 sources ]11C1UCing 1ti trG'-
Dade County, t�1? City Of 1`ilc?T1, the :i-�-Le o Flor1da an3 the aisi-nesS A.Ssis'i..^..nz-_a
Center.
• 'lb assist CLX.'s in identifying and obtai-nLriq national public and private
CC3-, ilinity development- resources.
• 'Ib assist Oy--'s in developing local private sector resources.
III. Oroaniz ational Chart
Elected National Board
Local
Private Sector
Contributors
GMIU
Metro -Dade County
(Ex -of icio)
City of 1,11.ami
(Ex -of f icio)
LISC
of
LISC/MiaTa Board of � ---- Greater Miami ----------- Advisorsl� United
C Program M 1U Executive
Officer Director
--------
Economic Development
Coordinator
N' Financial and Organizational Data Statement
Structure and Membership
Greater Miami United is a iiTulti--ethnic, non-profit organization, composed
of influential and trusted bt-,iness and com, iiunity leaders. It's purpose is
to maintain a stable oa,7 nunity h,,':
- antic.ijxAting critical situations and preventing further develoxent;
- focusing on the root causes of social problems and RV 4C--ective
r]
173
- developing accairate unforr-
1:It.ion for- privat-e and public use in order
to call-e rihsttZrctivt� rn.tnity cicti.(�n.
Greaterj)17lrli_ L1nit=r :� �,"��.S C':1';�:. Z-r d -r 1.�?� 1 c7_; a Po i-i ro J Chi ?r1 i.�' O Tr�xni7e°'!Jr-").
It 113s a I -xard of O : on' I 11? T O r
Hispanic, and t. lit - private sec-t-or c�rrr unity_ It also has Of Tziistes
nt:n'.kring , n-ore than sew,-venty (70) ccxr�tx> nd nit only o` adclif:i.onal private sector
representatives but of elected and ap �i-need public officials, representatives
of the acad�nic and religious co.-aninity and representatives of major com. m nity
orcanizations and institutions.
History
In May, 1981, a group of ca7munity and economic leaders announced the
formation of Greater Miami United. The Board and Tr-astees are composed of
the Chief �cecutive Officers of saw of Miami's largest corporations and of
the mst influential and trusted leaders of our ethnic car unities.
The im-')ctus for- cl-eating Greater Miand United can be fo.und in the Miami civil
disc urbahc, s of 1930 and the massive influx of Cuban an-3 Haitian refugees
that year. , 7,I 1-houch progress has b: en made concerning the causes of the civil
disturbance, a sa..c7nificant co.Tmmnity effort to revitalize the Black c r,=,nity
in and around Liberty City will probably continue for years.
The presence of a large refugee population is still a major co7miunit-y problem,
not only Ircuase of the needs of the refugees thapseives, but also because
of the canpetition between refugees and the native poor for scarce resources
such as jobs and houses.
Accomolish-r-nts, and Activities
During the last two years P4TJ has acted on most of the significant- problems
of the toi'31 Ta 7,«: Furc. . Dave l7oZ«;eel on t:h7 roll(•: ?.i1 iF;su s;
refugees, t.)),`i i'SI i ?r� i T i l 7Gt 1 77 P°il.ciFn1 ; nro«?l.!"P. o{ { «1^ a7"��7 and
Black (17To1Ill 1.1_t.y; t:}1^ f«1a7.1.E it j- 01, C I"'ai'..1.I1q Ul^ impact
of federal f mlings yxitterns on Dacl^ ('.ot7nt:-y; and 1" ?si_C literacy including
the imprcvei7y`nt of student ach.iev; ar--nl. avid ro'k—ention of students im the
school system.
GMU has 1)een actively involved in th-e resolution of problems resulting from
the influx of Cuban and Haitian entrants to our co:mlu_nity. Activities included
successfully advocating for release of $31 million in refugee- impact aid for
Florida; bringing Congressman rSaz zoli and Senator Sim-pson to Miami ami for
briefings with co.miunity Leaders on several hey areas of concern about
federal res-ponsibility; sc-cking the up3rarling of the Yrcy e-_ Refugee Carp and
the release of
Haitian detrain^es;
and organizing a
coalition
of
concerned
organizations
to monitor_
and seek
improve -,-rents in
conditions
at
Kraig.,
Currently GIU has a task force working on reco= vanda t ions which i•.,ould
finalize the status of Cuban/Haitian Entrants. A 'cask force is also analyzing
the needs of East Little Havana where may poor refugees are currently living.
GMTJ organized and tmn icltook a major StUd,r to detcr7 dr2P' tr c ] —,pact of "Plew
Federalism" on Dade County. Changing Patterns of Federal ST:enclinq in Dade
County, which brought 5 year information together fi,:n 45 orgmizations, including
local govern-rr2nt, was issued in July. It included zui analysis t:nd action
recommendations %•;hick were- shared %':i.th li�rnn service pn-Dviders.
In housing, C-74U wor«;.ed with the Green ConLz3nies, who are currently developing
a model project to dexonstrate has a public/private partnership can lCY.aer the
84-54C
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cost of housing and bring affordable units to thQ mar=et place.
A Joint Co-rittee of Cz-7J the Da3e CcF-i-ia pity P.o~3rd has
cc?-pleted a project to determine c,,k, inity Frith regard to
the reoxx—m,-_ndations of the U.S. Civil Rights Com—iti_ssion follo:7ing the civil
disturl>ances of. 1980.
G.T caas the catalyst and remains the private sector support for the Metro -
Miami Action Plan, a cor~runit}-��i_de effort to overcome the disparity bett,*een
the Black aa�_minit-y and the rrinainder of Dade County. The MNAP is a compre-
heensive program of action, in the areas of crimi-nal justice system sensitivity,
housing, ec-�O,-cane cloveloT_=.ant and education and training for jobs. On July 29th
and 30th 1983 rare than 900 epople from all sectors of Dade County participated
in the Meizo-?•liami Action Program conference. nicy adopted mre than 1.70.
i
remanded actions. The i-7irlementation planning and ca:«<_.i.tr�ants for many
recYarendat:.i-ons h.:•✓e occured. 2,4any reca�anded actions b :.am:; er.ective
October 1, 1983. Others will }pcome part of mid -range and long-range plans.
aTO will rx�nitor the imple-•antation ^f the recame- ndations and evaluate
achieve-mr is .
GIJ is a public -private partnership which received start-up funding from the
private sector of $100,000. It`s current budget of aparoxi=tely IM0,000
is based on a ccxnbination of private and public direct cash contxibutions and
in -kind services. Daring last fiscal year GiU received more tJia-: $18,000
in kind contri.%utions. The private sector, through corporate contributions,
has always contributed more then 500D of the total budget.
84-54C
February, 19 8 y
n
u
El
CITY OF MIAMI, I'E_ORIDA
in contract; with
GREATER MIA111 UNITED
THIS AGREEMENT, entered into by and between the City of Miami, a
political subdivision of the State of Florida, hereinafter referred
to as the "CITY", and GREATER 111AHI EiNITf_D, INC., hereinafter
referred to as the "CONTRACTOR a corpor i Ile body fully organized
and existing by virtue of the laws of the State of Florida as a
non-profit corporation, having its principal office at 1699 Coral
Way, Suite 51.0 Miami, Florida, 33145, this day of
, 1984, for the period beginning July 1, 1984,
and ending June 30, 1985.
Vendor No. Funding Source: U.S. Depart-
ment of Housing b Urban Deve-
lopment (Community Development
Block Grant)
In consideration of the covenants and agreements hereinafter set
forth, the parties hereto agree:
ARTICLE I
As a necessary part of this Agreement, the Contractor agrees to
provide the City with the following standard requirements.
1.1 CONTRACT PROVISIONS
1. Contractor's Corporate Seal (to be affixed to Signatory
Page).
2. Copy of Contractor's Charter, Articles of Incorporation
and By-laws.
3. List of present principal governing board officers and
members of the board (names, addresses and telephone
numbers).
4. List of key staff persons, with their titles, who will
carry out this program.
5. Job descriptions and resumes for all positions involved
with this contract.
6. Copy of personnel policies and procedures.
7. Copy of Contractor's current fidelity bond (applicable
for all persons who are authorized to receive and
disburse funds under this contract).
8.
3.
10.
11.
12.
13.
14.
15.
4
Proof of Worker's Compensation Ins+►rance.
Completion of Authorized Pepresentative Statement (on
,form s►ipplied by the Cii:y),
Completion of Stai:encnt of Accounting System (on fora
supplied by the City) .
CPA letter veri fyinq that the Contractor's Ac:c.o►rnting
System contains internal controls which are adequate to
safeguard the organiz_ation's assets.
Final Expenditures Report (to be submitted to the City on
an approved form no later than 30 days after the
expiration of this Agreement).
Certified Independent Audit (to be submitted to the City
no later than 120 days after the expiration of this
Agreement).
Work Program
Corporate Resolution authorizing execution of this
contract.
All of these items are subject to the approval of the
Department of Economic Development.
ARTICLE II
GENERAL OBLIGATIONS
2.1 CITY AUTHORIZATION
For the purpose of this contract, the City of 14iami
Department of Economic Development (DED) will act on behalf
of the City in the f i scat , programmati c monitoring and
control of this contract.
2.2 SCOPE OF SERVICES
The contractor will provide the following services:
A. Transfer the City of Miami $100,000 contribution to the
Miami Local Initiatives Support Corporation (LISC) Area
of Concentration Fund for the purpose of providing loans
and grants to CDCs.
B. Implement the project as prescribed in the lklork Program
in a lawful, satisfactory anti 1)r0per 11161-1n(�r, in
accordance wi th the wri teen pol i c i and p roced�r res , and
requirements as prescribed in this agret:ment, and as- set
forth by the United States Secretary of Treasury, ;n all
other state and local laws.
C. Provide grants and loan,, of app ro 1. 4, mi I 1 i oI) to
Miami and Dadc- County crea CUU11 1hity Devi- Iopment
Corporation (CD(:s ) for real e stag-, housing, and c-conomic
development projects over a two-yu::r period, The City
of Miami CDCs that crust particip-t in this program are
listed in Attachment I of this contract.
-2- 84--5-IC
D. Provide #;raining anti technical assistance to the CRCs
receiving i_.I`;c: loan; and grants.
E. Provi fie 1-11i ni rig ,,nd 1:rc.hnicaI a r s i Kanc;e to CDC's not
receiving I-T C loan .end grants in order t:o increase
the r r.apaci 1:v t:o gIIaI i ry for assi stance from the LISC
fund. Tlrr. Cii:v oi. t-1iar,)i CDCs i:hat nu t harl:iCi1)at:e in
thi s pro�iram are l i si.�,d i n Attachment: I of 1. s contract.
F. Provide aup1)rt ,tiff to the LISC local Board of
Advisors.
G. Coordinate activities with other major CDC funding
sources including Metro Dade County, the City of Miami,
the State of Florida and the Business Assistance Center.
H. Assist CDC's in identifying and obtaining national public
and private community development resources. The City of
Miami CDCs that shall participate in this program are
listed in Attachment I of this contract.
I. Assist CDC's in developing local private sector
resources. The City of Miami CDCs that must participate
in this program are listed in Attachment I of this
contract.
J. Respond to CDC requests for advice on organizational and
legal structure; development strategies, and project
package. The City of Miami CDCs that shall participate
in this program are listed in Attachment I of this
contract.
K. Assist in binking Non-LISC Technical resources with CDC's
requesting assistance. The City of Miami CDCs that shall
participate in this program are listed in Attachment I of
this contract.
L.--- Appoint the C i t.y of Miami City Manager or his designee
(Di rector/Depart,i,)ent of Economi c Devel opment) to si t as
an ex -of fic:.io member of the Local Board of Advisors of
LISC.
M. Provide information about the LISC fund in Miami.
N. Facilitate meetings of the Local Board of Advisors.
Copies of the minutes from each Board of Advisors meeting
should be submitted to the City of Miami Department of
Economic Development within ten (10) working days after
the meeting was held.
0. Provide a minimum of one (1) workshop/seminar during each
quarter of the two year contract period on the LISC
project.
P. Produce a brochure on the LISC project in Miami.
Q. Publish a newsletter containing information on
developments regarding the LISC project in Hiami.
R. Incorporate the name and logo of the City of Miami on all
brochures, newsletters, and promotional materials related
to the LISC prograin.
S. Utilize the minority owned bank, People's National Bank
of Commerce for any transactions associated with the City
of Miami's $100,000 contribution to LISC. The contractor
further understands that the City of i'liami's $100,000
shall be deposited in a separate (from other funding
sources) bank account.
-3-
84-54(1
T. Prepare a semi-annual report on th^ c:orll.ract:or's progress
toward achi Zvi ncl the fo11 n11H nq r o p 0 o >nrvir,e
activit:t c �:11at arc incll►dcrf in Art:icir' II, 7,0:ion ?.2
of this r,nni: ar:4:: Cf). F;, c �, d, T. ,1, V Al.;t�t "his
report: sha l irrr,10►(1,- �+ lr?anct ai a�:coaarrt;a nv7 1, ,:ire �t;atirs
of the City of Miami ' _ 11.100.000 cnn4;ri hirt.i nn 't:c ;_1)e R_ ISC
Pro9rarr_ ihe. r r r�p�r iss 51? l l I)r staf)r?i i_t;rr1 t.n f;`vc f:i t: of
Mi ami D(�pa rt ncnt: or fconomi c n i i f teen
Working days after the end of eactr g+±arter c)f the
contract period viit:h t:he fi rst report dt r nn 0c1,n1)cr 19,
1984.
U. Prepare an annuja1 report on t:hc Contractor's progress
toward accomplishing ail Scope of Servir_cs activities
that are i n c I uded in Article I i , S e c t i on 2.2 of this
contract. This report shall be submitted to the City of
Miami Department of Economic Development within thirty
(30) working days after the completion of the contract
fiscal year, with the first report due on August 12,
1985.
2.3 CONTRACT MODIFICATION
The City or Contractor may, from time to time, request
changes in the scope of services to be performed hereunder.
Such changes, including an increase or decrease in the amount
of Contractor compensation or in the Mork program. t�,,hich are
mutually agreed upon by and between the City and the
Contractor, must be incorporated in written amendments to
this Agreement, following approval thereof by the City
Manager and City Commission.
2.4 NON-DELEGABILITY
It is understood and agreed that the obligations undertaken
by the Contractor pursuant to this Agreement shall not be
delegated to any other person or firm with the exception of
the LISC office to be established in Miami unless the City
shall first consent in writing to the performance of such
services or any pat thereof by another person or firm.
2.5 COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
Both parties shall comply ,pith all applicable laws,
ordinances, and codes of Federal, State, and local
governments. Specifically, the Contractor agrees to comply
with the Housing and Community development Acts of 1974 and
1977, Section log with Executive Order 112.46 and 11063; and
wi th Section 3 of the HousLi ng and Urban Development Act of
1963 (Section 570, 303).
4
2.6 SUCCESSORS Ah,",' ASSIGNS
This Agreement: shall be binding upon the parties herein, its
legal representatives, successors, and assigns.
ARTICLE III
3.1 METHOD OF FUNDING
The Contractor agrees to drawdown loan grant funds when there
is a scheduled loan grant closing. Requests for drawdowns
should be submitted within ten working days before the
scheduled date of loan grant closings in order to assure that
the funds are available. If for any reason the loan/grant
closing does not occur, the Contractor must provide the City
with a check for the exact amount of the advanced drawdown
within 72 hours less all out-of-pocket costs for verifiable
expenses incurred in processing the loan/grant application,
i.e. legal fees and credit investigations. Contractor agrees
that no loan grant closings will occur unless the City is
present.
3.2 FINANCIAL ACCOUNTABILITY
At any time or times prior to final payment under this
contract, the City may have the Contractor's financial
records audited. Each payment theretofore made shall be
subject to reduction for amounts included in the related
drawdown which are found by the City, on the basis of such
audit, not to constitute allowable costs. Any payment may be
reduced for payments, or increased for underpayments on
precedi rig i nvoi ces or vouchers or to repay any ai7ounts. The
City will monitor the financial and programmatic records of
the Contractor on a quarterly basis.
3.3 RETENTION OF RECORDS
The Contractor agrees to retain all financial records,
supporting documents, statistical records, and all other
records, pertinent to this Agreement, for a period of three
(3) years. The retention period starts from the date of the
-5-
84-54C,
t�
..
submission
of the
final
PxpenditurP report. Records for
non -
expendable
property
acqui
rr rd ,.,1i th firnfis render the Agremment,
shall he rot.:ri
nrd
for a
peri nd of I.hree (3) years after
its
final disposition,
Said
records shall be retai n,�-i r,n.,ond
the
three (3)
years period
if the audit findings have not
been
resolved.
3.4 BONDMIC ! ND INSURANCE
The Contractor
shall maintain
during the
term of this
Agreement, the
insurance and bonds
specified
below:
a) Insurance coverage should reflect sound business
practices as determined by the Risk Management Division
of the City of Miami. The City shall be named as an
Additional Insured.
b) Prior to the disbursement of funds to the Contractor, the
City shall receive evidence that all persons handling
funds received or disbursed under this Agreement are
covered by Fidelity Insurance in an amount consistent
with sound fiscal practice.
c) The Contractor shall furnish certificates of insurance
and bondierg 4H) file City prior to commencing any activity
under the igavcowe nt. Said certificates shall clearly
i n d i cafe t:he ( ()nt.racI.L)r is i n sari ct co►npl i ance ;4i th
provision!. of Ihis hrt (Ie,
d) Compliance:: with the foregoing requirements steal1 not
relieve glee Contractor of its 1 i abi 1 i ty and obligations
under this Section or under any portion of this
Agreement.
3.5 REPORTS AND EVALUATIONS
The City shall cooperate with the Contractor in the conduct
of activities delegated under this Agreement as reasonably
requested. The Contractor agrees to submit to the City such
reports as may be required by the Secretary of the Treasury
and/or the Secretary of Labor and/or Departments of Cocrmunity
and Economic Development, along with reports to the City on
this 14ork Program as stipulated in Article II, Section 2.2 of
this contract. The Contractor also agrees to prepare, retain
and permit the City, in conjunction with Federal and State
officials, to inspect as it deems necessary for grant
purposes, records that may be relevant to Federal and State
grants or directives. The Contractor will transmit to the
City, in writing, Quarterly Reports regarding current
84-54C
activity and tie progress of the Contrac.'s activities in a
format approved by the City.
At the request of the City, Contractor will transmit to the
City written statements of Contractor's official policy on
specified issues relating to Contractor's activities.
The Contractor further agrees that the City may carry out
quarterly programmatic and fiscal monitoring activities by
the City staff and will effectively ensure the cooperation of
the Contractor's employees and board members in such efforts.
All reports and evaluations either submitted to the City, or
acquired through on -going monitoring and evaluation will be
thoroughly revi evied by the City. Any material discrepancies,
incomplete or inadequate information either received on a
monthly basis or through monitoring and evaluation, will give
the City just and legal cause to terminate this Agreement at
any time thereafter.
ARTICLE IV
GENERAL CONDITIONS
4.1 PROJECT PUBLICITY
The Contractor must abide by affirmative action regulations
in informing residents of the geographical area to be served
hereunder, of the services to be offered by utilizing any
available means for advertisement, as necessary for
recruitment and outreach.
The City shall receive copies of all literature, advertising,
publicity and promotional material that is developed by the
Contractor. Also, the City will be given prior notice of all
press conferences held by the Contractor.
4.2 EQUAL OPPORTUNITY
The Contractor agrees that there will be no discrimination
national origin in its performance of trris Agreement; and it
is expressly ►rnrlerstood that; upon the receipt of evidence of
such di scrimnat.ion. 'the Ci ty shal l have the ri ght to
termi na1:e t.hi Fi9rQ(-men t..
4.3 CONFLICT OF INTEREST
No official or employee of the Contractor may be admitted
directly or indirectly to any share or part of this contract
or to any benefits to arise from the same, nor own or acquire
any personal interest in any property, contract or proposed
contract which would conflict with or relate to the
performance, his/her duties or responsibilities under this
contract. If any such person presently or in the future
acquires, owns or controls any such share, benefit, or
personal interest:, he/she shall immediately disclose such
interest to the City and other appropriate agencies. Upon
such disclosure, such person shall not continue his/her
parti ci pa ti on unl ess it is det:ermi n e d by the Ci ty that
his/her participation is not contra►-y to 1)►_c1)1 i c interest.
The Contractor will comply with all Federal , State and local
conflict of interest laws and requirements.
4.4 INDEMNIFICATION
The Contractor shall indemnify and save the City harmless
from and against any and all claims, liabilities, losses, and
causes of action which may arise out of Contractor's
activities under this Agreement, including all other acts or
omissions to act oil the part of the Contractors or any of
them, including any person acting for or on his or their
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.
In addition, the Contractor will hold the City harmless and
will indemnify the City for funds which the City is obligated
- 8- 84-54C
to refund the Federal government arising orrt of the conduct
of activities and administration of the Agreement.
4.5 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 delays in service occur, the
Department of Economic Development is to be notified in
writing immediately giving all pertinent: details and
indicating when service will begin and/or continue. It is
understood and agreed that the level of services, activities
and expenditures by the Contractor, in existence prior to the
initiation of services hereunder, shall be continued and not
be reduced in any way as a result of this Agreement except
for reductions unrelated to the provisions or purpose; herein
stated. It is further understood and a(Ireed that the program
funded through this Agreement •rill not result in the
di spl acement of' empl dyed ►,corkers, i►Trpai r exi sti nu contracts
for services, or result in the su1)st:i tuti on of funds
allocated under this Agreement for other funds in connection
with work which would have been performed even in the
absence of this Agreement.
4.6 DISCLOSURE OF FUNDS
The Contractor shall disclose all source (Public and Private)
and amounts of funds reflecting the total budget whether they
be real or in -kind at the commencement of the contract
period, as well as any changes in the amount of funds
through program income or other sources received during the
terms of agreement, within thirty (30) days of such changes.
Examples of in -kind funds to include free rent, labor office
equipment, etc.
4.7 FINAL EXPENDITURE REPORT
A final budgetary report shall be submitted to the City
within thirty (30) days after the expiration of the contract
period. This report should reflect actual expenditures, by
1 i ne-i ter7. All persons employed and paid pursuant to this
91
_ 10 _ ,a...3,
Agreement shy`<ad be listed by name, ti le, Social Security
number, date hired or terminated, ethnic background, and
total salary reflecting both City and other funding sources.
4.8 AMENDMENTS
The City and the Contractor may, in their discretion, amend
this Agreement, to conform with any contingencies which may
require such amendment. Amendments, if regtained, shall be
incorporated, in writing, to this Agreement upon approval and
concurrence of the City and the Contractor.
4.9 OWNERSHIP OF DOCUMENTS
All writings, diagrams, tracing, charts, and schedules
developed by Contractor under this Agreement, shall be
delivered to the City by said Contractor upon completion of
the work and shall become the property of the City, without
restriction or limitation on their use. Contractor agrees
that all documents records and reports maintaiiied and
generated u► <<uc,n'r to this contractual rel ati onshi j7 betti%,een
j the City and Contractor shall be subject to all provisions of
the Public Records Laws, 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 pursuant to this Agreement shall at all times
remain the property of the City and shall not be used by the
Contractor far any other purposes whatsoever without the
written consent of the City.
4.10 AWARD OF AGREEMENT
The Contractor's warrants that it has not employed or.
retained any company or persons to solicit or secure this
Agreement and that it has not offered to pay, paid or agreed
to pay any person or company any fee, commission, percentage,
brokerage fee, or gifts of any kind contingent upon or
resulting from the award of making this Agreement.
-11- 84-540
li
The Contrf-;ct:or I aware of the conflict of interest laws of
the City of i'liami (Miami City Code Chapter 2, Article V),
Dade Coup l:y . Florida (Da rle Coon 4:y Cncio. Sect:i on 2-It . 1) and
the Florida Statutes, and agrees ghat it will fully comply in
all respects with the terms of said laws.
ARTICLE V
5.1 GENERAL ASSURANCES AND CERTIFICATIONS
THE CONTRACTOR ASSURES AND CERTIFIES THAT:
1) It 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
the 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 Agreement and to provi de such additional
information a,, r,iay be requi red.
2) It %,.,ill co:iipiy rtiti► Tit:1c
VJ ref t:he Civil ltiplrts Act of
1964 (11, !_. £:�£3- G�' 7£� S�l�AT
Z 1_ ) . and in accordoince, with
Title Y) of thc Act` no hersoii
in the United Suites shal l
r on tho roltrtd of race,
color, so>;, 11at:ion31 origin,
— politica a f I i I i ic>n crr
k fiefs (Seri.ion 'M3(3 and
712 lr.ldcd from p;�,iT;icil�)at.ion
in, 1)e cicnir.,d the
benefiI.:s of, or I.>c_, oIt, 1►ervri
s,e sul jecte(l to discrimination
under any program or ac..t;i
vi ty for ti=firi ch the Contractor
receives Federal financial
assistance. and ;:he Contractor
will irlme:diately L.ake
any measure s necessary to
effectuate this assurance.
3) It will comply with the provisions of the Hatch Act which
limits the political activity of employees.
4) It will comply with the requirement that no program under
this Agreement shall involve political activities
(Section 710).
5) It will establish safeguards to prohibit employees from
using their positions for a purpose that is or gives the
appearance of being motivated by desire for private gain
for themselves or others, particularly those with whom
they have family, business or other ties (Section
702(a)).
6) Participants or empI:)yees in the program found 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 (Section 'Y03(3)).
7) Appropriate standards for health and safety in work and
training situations will be maintained (Section 703 (5)).
_, 2 _ 84-546
8) Persons PillpI oy od i n pilh1 i s sr-i L i c joh!z finder t:hi s
Agreement: sli ai 1 he paid sage= wlai c:1i sli al i not; he lower
than whi r-11rtrer is the 11i gI,r, t: o f ( a ) t:hr rii n i mism ea q P
Which +laoill d he 1ppl i cahl i to t:11r� empl oyr�r under i he I`ai r
Labor S1' %nd.ird Actof 1938,.if Scct:i on 6 (a) (I ) of siic:h
title appIie. t:o t:lie part:icipai)t. and if he i�iere not:
exempt: under Sec! ' i on 1.3 t:hereof : ( h ) the Stat:F or local
minimum wa.9e for the most: nearly comparable covered
employment, or (c) t::he prevailing rages of pay for
persons employed in similar public occupations by the
same employer (Section 208(a) (2)).
9) It will comply with the regulations and requirements of
the Department; of Management: and Budget Circular A-102,
"Uniform Administration Requirements for Grants -in -Aid to
State and Local Governments: and Federal Management
Circular 74-4, "Principles for Determining Costs
Applicable to Grants and Contracts with State and Local
Governments."
5.2 CITIZEN PARTICIPATION
The Contractor shall cooperate with the Office of Community
Development in informing the appropriate Community
Development Citizen Participation Structure(s) including the
appropriate Target Area Committee(s) of the activities of the
Contractor in carrying out the provisions of this Agreement.
5.3 ANTI -KICK -BACK PROVISION
The Contractor will comply with. the Anti -Kickback Act, Title
18, USC Section 874, and provisions of the Federal Labor
Standards, Title 29.
ARTICLE VI
FUNDING METHOD
6.1 TOTAL FUNDING
The total aggregate funding for the loan and grant fund shall
not exceed the maximum sum of $100,000.00. The contractor
further agrees that it shall not expend these funds as
administrative expenses.
6.2 TIME OF PERFORMANCE
This Agreement shall become effective upon execution of this
Agreement by the City Manager and the services of the
Contractor are to commence on July 1, 1984 and terminate on
June 30, 1985.
-13- 84-540
x
El
0
6.3 RECAPTURE QF FUNDS
The City shall reserve the right to recapture all funds and
assets when t:he Contractor fails to comply With ;:he berms of
this Agreement_ or refrises to accept conditions imposed by the
City or by the U.S. Department of Housing and Urban
Development.
6.4 TITLE TO ASSETS
Funds paid under this Agreement are paid to the Contractor
for the purposes set forth in this Agreement and shall be
used solely therefore. The following convenants and
conditions apply thereto:
1) Whenever money drawndown and intended to be loaned,
granted or disbursed pursuant to a loan/grant program
approved under this Agreement is not so loaned or
disbursed._ it must be returned to the City within 72
hours.
2) When loans are repaid by the borrower, funds may be used
solely f'or nee; loan agreements unless approved for other
purposes 1)y the City Departments of Community and
Economic 11cve1011im?Ht.
3)__Nei the r irrint:il <rl crr' interest, in the Contractor's
$100,000 1 o in/crani Program and any and all other monies
provi d(. d car + >suc r,i to Greater Miami United by the City,
whether current iy in possession of the Contractor or to
be provided in the future by the City, can be used for
administrative purposes.
4) Upon termination and/or final disposition of assets,
interest on loans made by the Contractor and accruing to
the Contractor shall be deemed to be part of the funds
allocated to the Contractor by the City and shall belong
to the City.
5) The Contractor is only to request funds to pay a loan
closing after it has a scheduled firm date for a loan
closing and only ten days prior to the date of the loan
closing.
6.5 DEFAULT PROV1S1011S
1) Funds may be withheld by the City for any of the
following reasons:
a) If the Contractor makes any substantial
misrepresentation of any material fact in any of its
periodic reports.
b) If there is litigation pending with respect to the
performance of the Contractor which adversely affects
the operation of the Contractor.
C) If the Contractor is in substantial breach of any of
the provisions of its Agreement with the City.
a — — 84�540
d) If reports as regt_ri red by the Ci ty have not been
submitted within the time required or reasonable cause
shown fnr ,nch &!lay
e) Failure, for any roa nn, of the Contractor to f ►tl fi l l
in a t:i r1 113 and pi-oper manner it-, ohl i yat:i nn,, under
thi s Agr(1P-, rat:, i nc:l►,ding ►thstanti ai corapl i ance yii th
the approved 'Mork Program and at:t:achrd c(indi tions, the
budget and such di rec JJ ve s a s may f)ecomn ctenoral ly
appiic.,ah1c at: any t:im*_; st►hmi :.ion by the Cnnt:raci,or
to tale City, of reports that: ar-e s►rbst:ant:ia11y
incorrect in any material; and ineffectivc or improper
use of funds provided under this Agreement.
2) Upon dissolution of the Contractor, termination of this
Agreement by either party, or i t:s inability to materially
comply with the approved work program, all of its rights,
title and interest in said monies and their produce and all
assets of the Contractor related to the $100,000 Loan/Grant
program, and any and all other monies provided or issued to
Greater Miami United by the City, whether currently in
possession of the Contractor or to be provided in the future
by the City, shall immediately accrue to the City of Miami
and shall be transferred within five (5) days by the
Contractor to the City of Miami. This would include unused
or unencumbered funds deposited with any lending institution,
which shall also be returned to the City.
3) Any income and interest on loans made by the Contractor on
this program and accruing to the Contractor shall be deemed
to be part of the funds allocated to the Contractor by the
Ci ty.
ARTICLE VII
7.1 TERMINATION CLAUSE
1) Either party by giving written notice specifying the
effective date (which not be less than thirty days of the
date of receipt of such written notice), may terminate
this agreement in whole or in part for cause which shall
include failure for any reason, of the non -terminating
party to fulfill in a timely and proper manner its
obligation under this agreement.
2) Further, it is mutually agreed that the Contractor shall
immediately, upon demand by the City, cease and terminate
any and all activities including but not limited to
divesting itself and any subsidiary(s) of specific assets
and/or projects and that upon demand of the City any and
all accumulations thereon, shall be delivered to the City
and become the sole property of the City.
7.2 AVAILABILITY OF FEDERAL FUNDS
All the obligations under this Agreement shall be contingent
upon the availability of Federal funds and in the event that
those funds are withdrawn or reduced, this Agreement shall be
modified so as to reflect the changes in the availability of
the funds. In the event that the Agreement must be
terminated due to the unavailability of Federal funds, the
-17- 84-54C
IL
Contractor shall be entitled only to recover the actual
amount of administrative costs incurred up to the date of
termination, which in no event sha11 exceed the amount
allocated for administrative costs under the Agreement.
ARTICLE VIII
8.1 GENERAL PROVISIONS
1) The parties hereto agree that this Agreement shall be
construed and enforced according to the laws, statutes
and case laws of the State of Florida.
2) That the Contractor- and its employees and agents shall be
deemed to be an independent contractor, and not an agent
or employee of the CITY, and shall not attain any rights
or benefits under the Civil Service or Pension Ordinance
of the CITY, or any rights generally afforded classified
or unclassified employees; further he/she shall not be
deemed entitled to Florida Worker's Compensation benefits
as an employee of the CITY.
3) No waiver of any provision hereof shall be deemed to have
been made unless such waiver be in writing signed by the
City Manager•. The failure of the City of Miami to insist
upon the strict performance of any of the provisions or
conditions of' this Conra.ct, shall not be construed as
waiving or rel i iiqui shi ng ill the future aliv such covenants
or condit-iUlis lent the !,ome L�hUll continue Jiiid rr';iain in
full force all d ct f cct .
4)
All not ic'(:`s or of h(,r colfif' uni cati ons which Slli=11 or way be
given plirsuant: to this Agreement shall he ill and
shall be delivered by personal services, or by registered
mail or by telegraph addressed to the other party at the
_
address indicate herein or as the same r.ray be changed
from time to time. Such notice shall be deemed given on
the day on which personally served; or, if by inaiI, on
the fifth day after being posted or the date of actual
receipt, whichever is earlier.
5)
Titles and paragraph headings are for convenient
reference and are not a part of this Agreement.
6)
In the event of conflict between the terms of this
Agreement and any terms or conditions contained in
documents, the terms in this Agreement shall rule.
ARTICLE IX
9.1 SIGNATORIES
The
legal representative(s) of this Agreement, for the
Contractor, should be the President and Secretary of the
Board of Directors or any other person the Board designates
by resolution or affidavit. This affidavit will be attached
and made a part of this Agreement.
_ , 6_ 84-540
IN WITNESS V ;`REOF, the parties hr vf� ! have c arr zt hi S
Agreement to be exer:rrtt,d in thoir• nanes by 1-1h�iv t1u1y
authori.ed officers and the corporate. seals t.o he affixed
hereto, all as of the day and year first above written.
CITY OF MIAMI, a municipal
corporation of the State of
Florida
ATTEST:
By:
j,RALPR G. UNGIE,
CITY MANAGER
ij
S
}< CONTRACTOR:
GREATER MIAMI UNITED
ATTEST:
SECRETARY PRESIDENI
APPROVED AS TO FORM AND CORRECTNESS: (SEA!)
l�i►y �H:I:i� �:lJ» �l :r�i►yl�y � r'tt � [�1:� ► t �'�
9 - 84-54C