HomeMy WebLinkAboutR-84-0284284
AMLUTiON NO. 84°
A RESOLUTION AUTHORIZING THE CITY MANAGER
TG EXECUTE INDIVIDUAL CONTRACTUAL AGREE-
MENTS, IN SUBSTANTIALLY THE FORM ATTACHED
HERETO, WITH THE LITTLE RIVER CHAMBER OF
COMMERCE AND THE ALLAPATTAH BUSINESS DEVE-
LOPMENT AUTHORITY FOR THE PURPOSE OF
FUNDING TWO MARKET AND FINANCIAL FEASIBI-
LITY STUDIES OF TWO PROPOSED CAPITAL ORIENTED
PROJECTS IN THE RESPECTIVE COMMERCIAL 4
BUSINESS DISTRICTS OF EACH ORGANIZATION.
FUNDING FOR THESE CONTRACTS WILL BE FROM
THE SPECIAL PROGRAMS AND ACCOUNTS
CONTINGENT FUND.
WHEREAS, the City Commission is committed to economic deve-
lopment 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 Commission is desirous of continuing the
neighborhood economic development program and funds are available
in the Special Programs and Accounts Contingent Fund; and
WHEREAS, the Little River Chamber of Commerce is desirous of
purchasing, developing and managing a stall marketplace, which
will create opportunities for 50-85 individual entrepreneurs; and
WHEREAS, the Allapattah Business Development Authority has
identified the Miami Produce Center as one of the major thriving
businesses in the area, and will assist in the expansion and
development of a Retail Food Produce Center, which will produce
approximately 125 new jobs and help retain over 155 existing
positions;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA;
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T COIviMSSION
MEETING OF
MAR 8 1984
84-284
individual contractual agreements with the Little River Chamber of
Commerce and the Allapattah Business Development Authority, in
substantially the form attached hereto, for the amounts specified
for each, for the purpose of implementing market analysis and
financial feasibility studies, in their respective commercial area,
With funds allocated therefore from the Special Programs and
Accounts Contingent Fund.
Contractor
1. Little River Chamber
of Commerce
2. Allapattah Business
Development Authority,
Inc.
Target Area Amoyrit
rdison/Little Rider $4,500
Allapattah
$1.5, 000
PASSED AND ADOPTED this 8th day of March- ► 1954.
F—RjALPH G. ONGIE, CITY ERK
PREPARED AND APPROVED BY
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BEAT F. CLARK, DEPUTY ITY AT Y r H
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APPROVED AS TO FORM AND CORRECTNESS: ��;
84-284
CITY OF MIAM1. FLORIDA
INTER -OFFICE MEMORANDUM
_ DATE February 21, 1984 FILE.
O
Howard V. Gary
City Manager SUBJECT`. AGREEMENT WITH THE LITTLE
RIVER CHAMBER OF COMMERCE AND
THE ALLAPATTAH BUSINESS DEVE-
LOPMENT AUTHORITY TO CONDUCT
FROM Charlotte Gallogly REFERENCES MARKET FEASIBILITY STUDIES.
Director 0,
Department of Economic D velo e t ENCLOSURES March 8th Commission Agenda
"It is recommended that the attached
resolution be presented to the City
Commission for the purpose of entering
into agreements, in substantially the
`
form attached hereto, with the Little
River Chamber of Commerce and the
Authority
Allapattah Business Development
for the purpose of funding two market
and financial feasibility studies to
determine the viability of two proposed
capital oriented projects in the res-
pective commercial business districts
of each organization. Funding for these
contracts will be from the Special
Programs and Accounts Contingent Fund.
Background
On June 3, 1983, the City -funded Community Based Organizations
(CBOs) Executive Directors and members of their Board of Directors
met with you to request that additional funds be allocated to the
CBOs for continued implementation of neighborhood economic develop-
ment projects. It was requested that funding be made available
to accomplish the following:
1. $400,000 would be provided and distributed equally among the
CBOs presently under contract with the City of Miami. This
funding would be used to initiate specific large scale capital
projects in various commercial business districts. These
funds would not be used for administrative purposes.
2, $250,000 be transferred into the Department of Economic
Development's (DED) budget to be used as seed capital
to augment identified projects requiring additional
capital.
At the conclusion of the meeting, you indicated that you would
support funding requests to assist the CBOs in undertaking
capital development projects in the various commercial districts.
On August 9, 1983, the CBOs participated in a workshop with the
Mayor and members of the City Commission, at which time, the
CBO Subcouncil Committee again presented its major concerns,
as had been identified to you on June 3, 1983. Also, the 1982-
83 economic development accomplishments of each of the organi-
zations was also submitted to the Mayor and City Commissioners
by the DED.
It was the consensus of the Mayor and City Commissioners to
acknowledge the CBOs request for additional funding, however,
it was again stipulated that any additional funds allocated
to the CBOs would be used as equity into capital oriented project(s).
Both you and the members of the City Commission present at the
aforementioned meeting indicated that as a requirement for
additional funding, all projects would have to address the y
following objectives:
Retain existing jobs and create new jobs.
Provide management and technical assistance to existing
businesses and potential entrepreneurs.
Assist in the expansion of area businesses and the relocation
of new businesses.
4) Formulate and implement large scale capital -oriented economic
projects in the neighborhood.
5) Develop a formal agreement with the Private Industry Council
to assist businesses through OJT programs and specialized
training programs when appropriate.
We have received project proposals from the Little River Chamber
of Commerce (LRCC) and the Allapattah Business Development Autho-
rity (ABDA). Both of these organizations have identified a
major large scale capital -oriented economic project for which
they are formally requesting funding to conduct market feasibility
studies.
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Little River Chamber of Commerce Stall Market Business:
Through the acquisition of a building site in the Little River area#
the LRCC proposes to identify, develop, and manage a building in the
Little River area as a stall market business similar to the Caribbean
open-air markets. The concept of housing the proposed project in an
enclosed building will reduce the probabilitiy of sales loss due to
inclement weather conditions. It is projected that the proposed
stall market business would create opportunities for 50-85 indivi-
dual entrepreneurs. This project could conceivably induce Haitians,
Jamaicans, and other marketers of specialty goods, serving the large
mixture of nationalities in this area to locate in the stall market
place.
Because of the improvements occuring at the Biscayne Shopping Plaza,
and the proposed construction of the 79th Street Mall, the LRCC
projects that significant consumer traffic will increase substantially
in this area.
However, in order to begin facilitating this project, a preliminary
feasibility and market study needs to be conducted, indicating that
this is a viable and profitable project.
The feasibility and market study will address the following major
components:
1) Determine if there is a need and market support for a stall market
business.
2) Determine the potential pedestrian and vehicle circulation in the
area and vehicle accommodation on the proposed site.
3) Compare the existing supply with the existing and potential demand
for retail goods and services.
4) If the concept is marketable, determine the square footage needed
for the operation.
5)
6)
7)
Identify a minimum of three (3) buildings in the Little River area
to house the proposed stall market business.
Prepare proforma financial statements for implementation of the
concept to include development costs as well as potential revenues.
Define the public benefits and costs associated with any necessary
public expenditures.
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Little River Chamber of Commerce Stall Market Business:
Through the acquisition of a building site in the Little River area,
the LRCC proposes to identify, develop, and manage a building in the
Little River area as a stall market business similar to the Caribbean
open-air markets. The concept of housing the proposed project in an
enclosed building will reduce the probabilitiy of sales loss due to
inclement weather conditions. It is projected that the proposed
stall market business would create opportunities for 50-85 indivi-
dual entrepreneurs. This project could conceivably induce Haitians,
Jamaicans, and other marketers of specialty goods, serving the large
mixture of nationalities in this area to locate in the stall market
place.
Because of the improvements occuring at the Biscayne Shopping Plaza,
and the proposed construction of the 79th Street Mall, the LRCC
projects that significant consumer traffic will increase substantially
in this area.
However, in order to begin facilitating this project, a preliminary
_ feasibility and market study needs to be conducted, indicating that
this is a viable and profitable project.
The feasibility and market study will address the following major
components:
1) Determine if there is a need and market support for a stall market
business.
2) Determine the potential pedestrian and vehicle circulation in the
area and vehicle accommodation on the proposed site.
3) Compare the existing supply with the existing and potential demand
for retail goods and services.
4) If the concept is marketable, determine the square footage needed
for the operation.
5) Identify a minimum of three (3) buildings in the Little River area
to house the proposed stall market business.
6) Prepare proforma financial statements for implementation of the
concept to include development costs as well as potential revenues.
7) Define the public benefits and costs associated with any necessary
public expenditures.
Four thousand five hundred dollars ($4,500) will be used to conduct
the feasibility and market study for the proposed project. Upon
completion of the market and financial feasibility study, if the
proposed project is deemed feasible, the DED will assist the LRCC in
obtaining additional public and private funding to be used for the
initial equity injection into the project.
Allapattah Business Development Authority Retail Food Center:
The Allapattah Business Development Authority (ABDA) has identified
the Miami Produce Center as one of the major thriving businesses in
the commercial area. However, the Produce Center which is located
between N.W. 12th and 13th Avenues, has become too small to handle
the incoming trade of wholesale dealers wanting to expand their
businesses.
The ABDA's proposed concept for the Retail Food Center/Produce Market
is to develop a row of retail food stores on the north side of N.W.
20th Street from 12th Avenue to 13th Avenue, using 75,000 sq. ft. of
the space allocated for parking at the Santa Clara Rapid Transit
Station which has been determined as excess parking. This project
will assist produce, meat, poultry, fish and flower retailers to open
retail stores adjacent to these wholesale operations. The develop-
ment of this project would create at least 100 new job opportunities,
and retain over 155 existing positions.
Before implementation of this project can begin, a market and financial
feasibility study must conducted. The market analysis and feasibi-
lity study will include but not be limited to the following:
1) Surveys and analysis to determine existing and potential markets
in the area.
2) Compare the existing supply with the existing and potential demand
for retail goods and services.
Determine if there is a need
in the area.
the retail produce market
$) Determine the potential pedestrian and vehicle circulation in
the area and vehicle accommodation on the proposed site.
7) Determine potential pedestrian and vehicle traffic and anticipated
linkage with the Civic Center and Medical Building located south
of the site.
8) If the concept is marketable, determine the sq. footage needed
under both a retail and wholesale operation.
9) Prepare proforma financial statements for implementation of the
concept to include development costs as well as potential
revenues.
10) Define the public benefits and costs associated with any necessary
public expenditures.
Fifteen thousand dollars ($15,000) will be used to conduct the market
analysis and financial feasibility study. Upon completion of the
market analysis indicating the feasibility of the proposed project,
the DED will assist the ABDA in securing additional funds to use as
their equity investment into the project.
Both the LRCC and the ABDA have identified large scale economic projects
that will not only put them into ownership positions, but will also
assist in the retention and creation of full-time jobs for local
residents and the development of new businesses.
The development of both of these projects, the Stall Market and the
Retail Food Market, could provide, if feasible, an opportunity for
the present businesses to expand as well as attract new businesses
to the commercial districts.
City staff from the Departments of Planning, Community Development and
Economic Development will serve on the committees to select the
contractors and to review and approve the market study reports.
It is therefore recommended that the attached resolution and contracts
be submitted to the City of Miami Commission for approval.
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84-284
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Contract ProviS1'6fi§
Article II
2.1
City Authorization
2.2
2.3
Scope of Services
Compliance With Federal, State
and t6cal ha`ns
2.4
Contract Modification
Article III
3.1
Maximum Compensation/Method of
Payment
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3.2
Financial Accountability
3.3
Financial Records
3.4
Retention of Records
3.5
Bonding and Insurance
3.6
3.7
Subcontracts
Reports, Audits, and Evaluations
Article
IV
4.1
Project Publicity
S
4.2
Equal Opportunity
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4.3
Conflict of Interests
4.4
Indemnification
10
4.5
4.6
Disclosure of Funds
Final Expenditure Report
10
4.7
Ownership of Documents
10
' 4.8
Award of Agreement
11
4.9
Non-Delegability
11
4.10
Construction of Agreement
Article V
84-284
t. CITY 0i 141AI-ii, Fr OarOA It
rCOMCMIC DEVELO?ME ;T CO►IT MACT
TH18 AGREEMENT, entered into by and between the City of
MiaMi, a political subdivision of the "'..ate of Florida, hereinafter
referred to as the "City", and The Little River Chamber of Commerce
hereinafter referred to as the "Contractor", a corporate body fully
organized and existing and by virtue of the laws of the State of
Florida as a non-profit corporation, having its principal office at
8281 NorthEast 2nd Avenue for the period beginning April 1, 1984
and ending March 31, 1985,
Funding source:
Special Programs & Accounts
Continyeat Fund
in consideration of the covenants and agreements here-
inafter 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 recuire-
ments.
1.1 CONTRACT PROVISIONS
1. Copy of Contractor's Articles of Incorporation, Charter
and By-laws_ _
2.
3.
List of Present Principal Governing Board Officers and
Members of the Board (names, addresses and telephone
number) .
List of Key Staff Persons, with their titles, who will
carry out this program.
g. Copy of Contractor's current Fidelity Bond (aPplicable
for all persons who are authorized to receive and dis—
burse funds under this contract).
�. Completion of Authorized Representative Statement tots
form supplied by the City).
6. Comale`ion of Statement of Accounting $vstem for=
supplied by the City),
• 84-284
7, Gr.l letAl verifying the Contractors Accounting 5fsteh or
Cutrent Audit Report (which verifies the Contractor's in-
te.rnal controls as adequate to safeguard the ory3ni. anon' a
assets)..
€3. Final Expenditures Report (to be submitted 30 dayt attdr
a
contract expires).
3. Work Program and Line -Item Budget (subject to aMroval by
the Department of Economic Development). s
3.0. Proof of Worknan's Compensation .Insurance.
S1. Contractor's Corporate Seal (to be affixed to signatory
Page) .
12.
Corporate
Personnel Policies and
Procedures.
13.
Corporate.
Resolution authorizing
execution of this Contract.
GENERAL OBLIGATIONS
.2.1 CITY AUTRORIZATION
2.2
ARTICLE II
.
.-For the purpose of this contract the City of Ma,:; Depart-
ment of Economic Development will act in behalf of the City
in the fiscal control.. programmatic monitoring and rtodi
fication of this Contract.
SCOPE OF SERVICES
The Contractor will provide the following services
A. The Contractor agrees to carry out the project as pre -
scribed in its Work Program in a lawful, satisfactory
and proper manner, in accordance with the written policies
and procedures, and requirements as prescribed in this
Agreement, as set forth by the United States Secretary of
Treasury, and the City of Mizimi Department- of Economic
Development, all other state and local laws in accordance
with the requirements described in the Dzoartment of
Economic Development's Policies and Procedures Manual for
Community Based organizations which is attached to and
_- rpa t of this (-ontc :ct-..
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7. CAA Yeti..: verifying tit. Contrac'-- ! g Y "ell or
Current Audit Report (which verifies the Contractor's in-
ternal controls as adequate to safeguard the organization's
assets)..
0, Final Expenditures Report Ito be submitted 30 days aftar
contract expires) .
9. Work Program and Line -Item Budget (subject to approval by
the Department of Economic Development) .
10. Proof of Worlul-an's Compensation Insurance.
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1. Contractor's Corporate Sea'. Ito be affixed to Signatory
Page) .
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3.2,
Corporate
Personnel Policies and
Procedures_
13.
Corporate.
Resolution authorizing.
execution of this Contract.
ARTICLE II
GENERAL OBLIGATIONS
.2.1 CITY AUTSORIZATION
..-For the purpose of this contract the City of Nia r il Depart-
ment of Econordc Development will act in behalf of the City
in the fiscal control, programmatic monitoring r!ad rmodi-
fication of this Contract.
2.2 SCOPE OF SSRVZCES
The Contractor will provide the following services;
A. The Contractor agrees to carry out the project as pre-
scribed in its Work Program in a lawful, satisfactory
and proper manner, in accordance with the written policies
and procedures, and requirements as prescribed in this
Agreement, as set forth by the United States Secretary of
Treasury, and the City of Miami Department of Economic
Development, all other state and local laws in accordance
with the requirements described in the Department of
9conomic Development's Policies and Procedures Manual for
Community Based Organ izakions which is attached to and
?c::t o= ':his rontr ;ct-.
2
ts ptdpare in conjunction with staff from the City of Miami's
bepartment of Economic Development Request For Proposal
C.
D.
E.
F.
G.
2,3
2.4
(RPP) specifications to identify qualified consultants who
Would prepare and submit bids to conduct the market analysis
and financial feasibility study to determine the feasibility
of a Little River Stall Marketplace.
Establish an RFP Selection Committee composed of members
of the corporation's Board of Directors, corporation's
Executive Director and staff from the City of Miami
Departments of Community Development, Planning and Economic
Development to select the consultants.
Establish a selection process for the Committee review
of all proposals and make final selection of the consultant.
Review and monitor the consultant's progress on a periodic
basis.
Review and critique draft to facilitate the preparation of
the final report.
Submit consultant's report and corporation's proposed MBOs
to implement the consultant's recommendations to the City
of Miami's Department of Economic Development.
COMPLI;LNCE flITH FEDERAL, STATE AND LOCAL LAWS
Both parties shall comply with all applicable laws, ordi—
nances and codes of Federal, State, and local governments'
CONTRACT MODIFICATION
The City or Contractor may, from time to tire, request
changes . in the Work Program to be performed hereunder.
Such changes, including an increase or decrease in the
amount or Contractor compensation, which are Mutually
agreed upon by and between the City and the Contractor,
Mugt be incorporated in writing to this Agreement and must
be executed by the City and the Contractor and are subject
to the provisions contained in the Policies and Procedures
Manual for Community Based Organizations.
ARTICLE III
361 MAXIMUM COMPENSATION/METHOD OF PAYMENT
Payments to the Contractor will be as follows. -
One -half of the total amount of this contract ($2,250)
which is to be allocated for the market analysis and
feasibility study will be advanced upon execution of
an approved agreement between the contractor and
the proposed consulting firm which has been agreed to
by the Selection Committee. The balance of the con-
tract ($2,250) will be provided to the contractor
upon receipt and approval of the consultant's report
by the Department of Economic Development.
FINANCIAL ACCOUNTABILITY
At any time or times prior to final payment under this qon—
tract, the
City
may have
the Contractor's financial records
audited.
Each
payment
heretofore rude shall be subject to
reduction for amounts i.nclud`d in the related i, mice or
voucher whi c`. arc .foun(l by tht� City. Nl—nager, on the basis
Of such audit, no: to constitute allowable cost. Any,
payment .nay he reduced for paym`nts, or increased fo_ ur.dgar6-
payments, on preceding invoices or vouchers or to repay
any amounts.
3.3 FINANCIAL RECORDS
The Contractor shall maintain i separate 4CCountinq record
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Mu§ t be incorporated in writing to this Agreement and must
be executed by the City and the Contractor and are subject
to the provisions contained in the Policies and Procedures
Manual for Community Based Organizations.
ARTICLE III
J �► MA:CIMUM COMPENSATION/METHOD OF PAYMENT
Payments to the Contractor will be as follows:
One-half of the total amount of this contract ($2,250)
which is to be allocated for the market analysis and
feasibility study will be advanced upon execution of
3. 5
supporting documents, statistical records, and all other
records pertinent to this contract, for a period of
_three (3) years. The retention period starts from the
date of submission of the final expenditure report.
Records for non -expendable property acquired with
funds under the Contract, shall be retained for a
period of three years after its final disposition.
Said records shall be retained beyond the three year
period if the audit findings have not been resol:•ed.
BONDING AND INSWILMCE
During the term of this Agreerent t1e Contractor shall
maintain insurance and bonding coverages acceptable to
the City. Prior to co.xmencing any activity under this
Agreement., the Contractor shall furnish to the City
certificates of insurance and bonding indicating that the
Contractor is in compliance with the provisions of this.
article. ,
The Contractor shall provide the following coverages:
a) Insurance coverage that reflects gourd business
practices acceptable to the City_
jb) Fidelity bonding for a:Ll persons handling funds
received or disbursed under this Agreement in as
amount equal to or greater than the maximu.Rt anount of
cash held at any one time; $10,000.
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--Contractor agrees to cgiVe advance notifications in Writing
1
to the City of any subcontract. None of the work or ser-
vices, including, but not limited to, consultant uori: or
` services, covered by this contract shall be subcontracted
without prior written approval of the City. Any, work or
services subcontracted hereunder shall be subject to each
. 7
provision of this contract. Proper documentation in ac-
cordance with the Department of Economic Development and
City guidelines must be submitted to and approved by the
City prior to the execution of any subcontract.
The City reserves the right to review all bid docu-.:ents
'both Viith the Private Non -Profit Contractor, and other en-
tities, and, to review and audit books and records
related to the bidding process.
The advance notification process shall include the
following:
a)
b)
c)
Identification of the subcontractor and services to
be provided.
The proposed subcontract price together with a co►:tplete
and accurate- breakdown of that price on a component
by component basis.
Identification of the type of subcontract to be used.
cl) Su.,ary jf actions ta,en to select the subcontractor.
REPORTS, AUDITS, AID EVALUATIONS
The City shall cooperate with the Contractor in the
conduct of activities delegated under this contract as
reasonably requested and as described in the Policies and
Procedures I.lanual for Co::Lrtunity Based Organizations_ The
Contractor agrees to submit to the City such reports as
may be required.
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City.
At the request of the City, Contractor will trans.►ni.t to
the City written statement of contractor's official policy
on specified issues relating to Contractor's acitivities_
The Contractor further agrees that the City may carry out
monitoring and evaluation activities to include at a min-
imum, visits and observations by the City staff and gill
effectively ensure the cooperation of the Contractor`s
employees and board members in such efforts. All reports,
. audits, and evaluations either submitted to the City on a
monthly basis, or acquired through on -going monitoring and
evaluation gill be thoroughly reviewed by the City. 1.-ny
discrepancies, incomplete or inadequate .information either
received on a monthly basis or through monitoring and
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The Contractor also agrees to prepare and retain and pernit
ece=sary for grantpurpo-
the City to inspect as it deems n
yes records that may be relevant to Federal, State or
`Iocal directives.
Contractor will transmit to the City, in writing, monthly
reports regarding current activity and the progress of- the
' Contractor's activities in the format presented by the
City. .
At the request of the City, Contractor will transmit to
s the City written statement of contractor's official policy
on specified issues relating to Contractor's acitivi.ties_
The Contractor further agrees that the City may carry out
monitoring and evaluation activities to include at a min -
imam, visits and observations by the City staff and will
effectively ensure the cooperation of the Contracto-'s
.employees and board members in such efforts. All reports,
. audits, and evaluations either submitted to the City on a
monthly basis, or acquired through on -going monitoring and
evaluation will Le thoroughly reviewed by the City. F_ny
discrepancies, incopplete or inadequate information either
received on a monthly basis or through monit-oring and
evaluation, will give the -City just and legal cause to
terminate this agreement at any time thereafter.
for recruitment and outreach_
All literature, advertising, publicity or promotia re-
garding the Contractor's activities will be sub iitt;ed to
the City for review and approval prior to the release or
distribution. No press conference will be scheduled with-
out prior written notice to the City_
4.2 EQUAL OPPORTUNITY .
The contractor agrees that there will be no discriminatioi
against any employee or person served on account of race,
color, sex, religious creed, ancestry, national origin
or physical handicap in its performance of this contract;
and it is expressly understood that upon the receipt of
evidence of such discz:i-rdnation, the City shall have the
right to te=ainat-e this contract_
4•.3 CONFLICT OF 'MTrRESTS
No official or employee of the Contractor may be admitted
directly or indirectly to any share or part of this con -
•tract or to any benefits to arise from the sate nor own
or acquire any personal interest in any prcapert%•, contract
•or proposed contract which would conflict with or relate
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to the performance, their duties or responsibiti`ins under
this contract. if any such person presently or in t:^_e
future acquires, owns or controls any such :share, benefit,
interest, he/she shall inmediately disclose
or personal
such interest to the.. City and (other appropriate agencies)-
Upon such disclosure, such person shall discontinue his/
her if such participation is contrary to
participation
public public interest.
The Contractor 1•7ill comply with all -Federal, State and
local conflict of interest laws and requirements.
4.4
INDEMNIFICATION
The Contractor understands and agrees that it is an in- .
dependent Contractor and agrees to indemnify and save the
City harmless from and against any and all claims, liabi-
lities, losses acid causes of action, which riay arise out
of the Contractor's activities under this contract-,* in -
omissions all other acts or orlissions to act on the part of
or any of them, including any person acting
-
--the contractor
his or their behalf and, from and against any
for or on
orders, judgments or decrees which may be entered and from
and against all costs, attorney's fees, expenses and liabi-
lities in in the defense of any such claims, or in
investigation thereof. In addition, the contractor Frill•
the
hold the City har;zless and will indemnify the City for funds
•
which theIlCity is obligated to refund the Federal govern-
ment arising out Of the co:Iduct of activities and
tration of the Contractor. In case suit is in,tituted in
order to obtain funds from the Contractor for trhich tee
City is obligated to refund from the Federal Government,
the Contractor agrees to pay any additional fee which th-
,.Court may adjudge reasonable as attorney's fees.
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The Contractor shall disclose all tbtifLC3�! (Public and Ptif ,ta-
tee , and an, of funds reflecting the total budget
whether they be real or in -kind at the coT.nence^ent of the
Contract period, as well as any changes in the amount of
funds through program income 'or other sources received
during the ter-ra of agreement, within thirty (30) days of
such change. Examples' of in -kind funds to include free
rent, labor, office equipment, etc.
4.6 FINAL EXPENDITURE REPORT
A final budgetary report including audited financial state-
ments shall be sub.. ' tted to the City within thirty (30)
days after the expiration of the contract period_ This
report should reflect actual axpenditt=es, by line -items.,
versus proposed expenditures submitted at the beginning of
the Contract year. All persons employed and paid pursuant
to - this Contract should be Listed by name, title, Social
Security number, date hired or terminated, ethnic back-
ground, and total salary reflecting both City and other
funding sources.
4 j7' ONMERSHIP OF DOCUMENTS
All writings, diagrams,- tracing, charts, and schedules
developed by Contractor under this Agreemeat, shall be de-
livered to the City by said Contractor upon co..^..?letioa of
the work and shah b..come the property of the City, without
restriction or limitation on their use. Contractcr agrees
that all documents, records and reports maintairea and ge-
nerated pursuant to this contractual relationship between
the City and Contractor shall be subject to all provisions
of the Public Records Laws, Chapter 11.9, Florida Statutes.
0
I
4 .8
A
It J J and beto,een the parties that any
further understood tood by
Wotmation, writings, maps, contract documents, report:S 0--
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 for any other purposes whatsoever without
the written consent of the City. _
AIIARD OF AGREE_ -wNT
The Contractors warrant that they have not employed or
i retained any company or persons to solicit or secure this
Agreement and that they have not offered to pay, paid or
agreed to pay any person or company aay fee, comtission,
percentage, brokerage fee, or gifts of any kind conti-ngeat
upon or resulting from the award of making this Agreement_
The Contractors are aware of the conflict of interest laws
of the City of Miami City Code Chapter 2, Article
V), Dade County, Florida (Dade County Code, Section 2-11.1)
and_the Florida Statutes, and agree that they will fully
comply in; all respects with the terns of said laws.
4.91 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 unless the City shall
first consent in writing to the p2rfo=a-nce o.: such servi-
ces or any pert thereof by another person or firm.
4.10 CONSTRUCTION or' )GIBE,".`]T
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.
84-284
The Contractor agrees to accept as full paymba it tot pto.f=
fessional services rendered in a manner satisfactory to •the
City, the actual amount of budgeted, eligible and City
approved expenditures and encumbrances made by the -
Contractor for the purpose of carrying out the services.
hereunder during the period of this Agreement. It is
expressly understood and agreed that in no event, shall the
total compensation and/or reimbursement to be pail hereunder
exceed the maximum su,-n of 1 4,500.00
• 5.2 * TIME OF PERFOPLAAN`CE
This Contract shall become effective upon execution, and
the services of the Contractor. are to co.me_tce on April 1,
1984 and terminate on September 30, 1984.
5.3 OBLIGAT10H TO RE -NEW
Upon termination of this.Agreement, the Contractor agrees
and understands that the City has no' obligation to re -nee;
this Contract.
s.4 RECAPTURE OF FINDS
• The City shall reserve the right to recapture funs wh?rL
the contractor fails to.comply.with the terms of the
agreement or refuses to accept conditions imposed by the
City. 40
ARTICLE VI E
GENERA�T ASSURANCE AND CERTIFICATIONS
5.1 THE CONTRACTOR ASSURES AND CERTIFIES THAT:
1) It possesses legal authority to enter into this Con-
tract; a resolution, motion, or similar action has been
duly adopted or passed as an official act of the
Contractors governing body, authorising the execution
of the Contract, including all understandings' zn
• • •
dtsutA .;es cont:.ined herein, ar,:: A_-ectinq -Inc; :dut cri-
dint the person_ identified as the offi.cial represdata-
tine of the Contractor to act in connection with the
Contract and to provide such additional i.nfornation as
May be required.
It will comply with the provision of the Batch Act
which limits the political. activity of employees.
7t will comply with the requirement that no program .
Under this Contract shall involve political activity'
(Section 710) .
4) It will establish safeguards to prohibit employees
from using their positions for a purpose that is o;
gives the appearance of being mativated by desire for
private gain for themselves or others, particularly
those with whop they have famLly, business or other
ties (Section 702(s)).
5) Participants or employees in the program found pur-
suant to this Agreement, will not be employed on the
. construction, operation or maintenance of that part
of any facility which is used. for religious instructions
or worship (Section 703(s)).
5) Appropriate standards for health and safety in work
and training situations will be maintained (Section.
703(5)).
7) persons employed in public service lobs under this
Contract shall be paid wages which shall not be lower
than whichever is the highest of (a) the minim.un wage
which would be applicable to the employer under the
Fair Labor Standards Act of 1938, if Section 6 (a)
(1) of such title applies to the participant and if he
were not exempt under Section 13 thereof, (b) the
State of local minimum wage for the most nearly com-
parable covered employment, or (c) the prevailing rates
of pay for person : eT-+loved in similar public eccana-
tions by the same employer (Section 2AS (a) (2) ,
J
84-284
8) It wi.Ll Comply critic I.Citle V1 o: he Civil Pi ,t3 rc_
of 1974, Title VITI of the Civil Pi.►shF_, Act of 195,
and Execut_lve orders 11246 and 1101633, and Section 3 of
the Housing and Urban Development Act of 1906II, as
amended and incorporated herein by reference.
9) It will comply with the regulations and requirements
of the Office of Management and Budget Circular A-102,
"Uniform Administration .Requirements for Gran-i.r_-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."
6.2 ANTI-KICKBACK.16ROVISIotd
The Contractor will comply with the Anti -Kickback Act,
Title 18, USC Section 874, and provisions of the Federal
.Labor Standards, Title 2.9.
ARTICLE VII
7.1 TERMINATION CLAUSE
The City, by giving written notice specifying the effective
date, may terminate this Contract in whole or in pa_-t for
cause which shall include (1) Failure, for any reason, of
the Contractor to fulfill in a timely and proper manner
its obligations under this Contract, including compliance
%.:ith the approved Mork Program and attached conditions,
the Policies 'and Procedures 2•ianual' for 'Cor,-m;.,nity Based
Organizations, and such directive as way become generally
applicable at any time, (2) submission by the Contractor
to the City, of reports that are incorrect or inco-,kolete
in any material respect. 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 acc "'mulation s th0_.1(x-,
delivered to the City and become the sole; Droa:�rt�• e= tha Czt�
8,4-284
'i tilt oetigat.ions und-- .: 1-hi- t;hall b
upon the availability of federal funds and in the eve;c� t
those funds are withdrawn or reduced, this Agrn=reeat :-,hall
be modified so as to reflect the changc-s in the
ty of the fuhds_ In the event that the Agreement must be
terminated due to the unavailability of Federal funds, the
Contractor shall be entitled only to recover the actual
amount of administrative costs incurred up to the date of
termination, which in no event shall exceed the amount
allocated for administrative costs under she Agreement.
ARTICLE VI I I
SIGNATORIES
IN WITNESS WdEREOF, the parties hereto have caused this
Agreement to be executed in their names by their duly au-
thorized officers and the corporate seals to be affixed
hereto; all as of the day and year first above written.
WITNESS our hands and seals on this day -of
:1983.
ATTEST.:
RALPH G. ONGIE, CITY CLERK. .
40
ATTEST:
SECRETARY
APPROVED AS TO FORM AND CORRECTNESS
CITY OF MIAMI, a municipal
Corporation of the State of
Florida
BY.
HO:iARD V . GARY, CITY MANAGER
BY
PRESIDE.\T
DOSE R. GARCIA-YEDROS.I, CITY ATTORNEY
WiAOSiL1S
�� reeccent with the C- ty b tSiartti.; �+1
do es to ester into an ag
Directors at a duly held Corp-
�JHEREr1S, the Board of
the matter in accordance itith the
rate r::eeting has considered
$y.taws of the corporation;
NOW, THEREFORE, BE IT RESOLVED By THE 130ARD OF bT-PSCfO?S
that the president and secretary are hereby'authorized anc?
instructed to enter into a contract in the name and on behalf -
Of this corporation with the City of i,jjaM: upon the terns
contained in the proposed contract to which this resolutio3t is.
attached.
DATED this
• day of
84-284
TWO! 1mogul Ng
t �l
r i
71 y
} 7
i � 1
i
or cm,nt
`Yaems�
Article
1,1
ContractroVie3di5
,
Article II
2.1
City Authorization
2
2,2
Scope of Services al, State
With Feder
and Local La`ts
2.3
2 A
Compliance
Contract Modification
Article III
3.1
Max imum Compensation/Method of
Payment
3.2
Financial Accountability
3.3
Financial Records
Records
.
3.4
3.5
Retention to
Bonding and Insurance'
3.6
Subcontracts
Audits, and Evaluations
3.7
Reports,
Article IV
4.1
Project PoblicitY
4.2
Equal Opp tunity
4.3
Conflict of Interests
Y
g
10
4.4
Indemnification
of Funds
lb
4.5
4.6
Disclosure
Final Expenditure Report
10
4.7
Ownership of Documents
11
4.8-
_Award of Agreement
11
4.9 Non-Delegability
Construction of Agreement
ll
4.10
Article V
12 .
5.1
Maximum Compensation
12
5.2
Time of Performance
12 Y
5,3
Obligation to Renew
12
5.4
Recapture of Funds
Article VI
12
and Certifications
6.1 General Assurances 14
Anti -Kickback Provision
6.2
Y Y
t Y:
3 t'.
Article VII
14
U.,
Clause
�Y 5,
7.1 Termination
4 �
Y rz 1
t l
Y
Article VIII
.
Signatories
Sign
f {
i
t -
+ ! t J t
Y
i
84-284
i
CITY OF MIA_MI, FLORIDA
ECONOMIC DEVELOPMENT CONTRACT
THIS AGREEMENT, entered into by and between the City Of
MiWfti, a political subdivision of the State of Florida, hereinafter
referred to as the "CITY", and the Allapattah Business Development
Authority, hereinafter referred to as the "CONTRACTOR", a corporate
body fully organized and existing and by virtue of the laws of the
State of Florida as a non-profit corporation, having its principal
office at 1897 N.W. 20th Street, Miami, Florida , for the period
beginning April 1, 1984 and ending September 30, 1984.
Funding Source:
Special Programs & Accounts
Contingent Fund
In consideration of the covenants and agreements hereinafter
ftAt forth. tha narti pA hPrpi-n aaraP
for all Persons who are authorized to receive and dis-
burse funds under this Contract).
5. Completion of Authorized Representative Statement (on
form supplied by the City).
6, Completion of Statement of Accounting System (on form
supplies by the City).
_ • o •
NA lettfll° verifying the Contracts 1�, Aacounti:t';O' Sj,-_em oz
etilt.tent Audit Report (which verifies th.-- Con`r4cto;'s :ire_
totnal controls as adequate to safeguard the organization,:;
assets)..
Pinal Expenditures Report (to be submitted 30 gays of ter
contract expires).
s
�. Work Program and Line -Item Budget (subject to approval by
the Department of Economic Development)
.0. Proof of Workman's Compensation .Insurance.
11. Contractor's Corporate. Sea"'. (to be affixed to Signztb r
Page) .
12. Corporate Personnel Policies and Procedures.
13. Corporate. Resolution authorizing. execution of this Contract.
ARTICLE II
GENERAL OBLIGATIONS
.2.1. CITY AUTciORIZATION
- -ror the purpose of this contract the City of Nia. + nepa :t_
meat of Economic Development *ill act in behalf of the City
in the fiscal, control., programmatic M=i.toring and m. di.-
2.2
ficatiori of this Contract.
SCOPE OF SLRVSC - S '
The Contractor will provide the following services:
A. The Contractor agrees to carry, out the project as pre -
scribed in its Work Program in a lawful, satisfacLory
and proper manner, in accordance with the written policies
and procedures, and requirements as prescHb -d in this
Agreement, as set forth by the United States Secretary of
Treasury, and the City of Miami Department of Economic
Development, all other state and local laws in accordance
with the requirements described in the Dapartr.,ent of
Economic Development's Policies and Procedures M-Mnital for
Com:aunity Dared Organizations %.)hich is attached to and
84-284
r •
• , `' letulk, verify.in5 the Co"tract3ej Accountin, Sl:,`eri o.-
r.titrent Audit Report (which verifies th.., Con'`r4c`_Or';, ire-
ternal controls as adequate to safequard the or anizatio.gl a
assets).
#, Final Expenditures Report (to be submitted 30 dayn altar
Contract expires).
s (Fork Program and Line -Item Budget (subject to aPproVal by
the Department of Eco'nonic Development) .
0. Proof of Wori.r•.tan's Compensation .insurance_
. Contractor's Corporate Seal (to be affixed to Signatory
Page) _
12.
Corporate
Personnel policies and
Procedures.
13.
Corporate.
Resolution authorizing.
execration of this Contra;.-.
ARTICLM iI
GENEPAL OBLIGATIONS
.2.1 CITY AUTRORIZATION Y
— •-r6r the purpose of this contract tiie City ofbepart--
ment of Economic Development will act in behalf at the City
in the fiscal control, programmatic monitoring and modi.
ficatiori of this Contract_
2.2 SCOPE OF SERVI(=-S '•
The Contractor will provide the following services:
A. The Contractor agrees to carry out the project as pre-
scribed in its Idor)c Program in a lawful, satisfactory
and proper manner, in accordance with tl-e writt`n policies
and procedures, ana reauirem.ents as prescribed in this
Agreement, as Set forth by the United States Secretary of
Treasury, and the City of Miami Department of Economic
Development, all other state and local laws in accordance
,with the requirements described in the Daoartment of
Economic Development's Policies and Procedures Manual for
Community Ba ,ed Organizations which is attached to and
a
84-284
ook
* prepato in conjunction t4114--h ntoff from the City of I`iami l s
bepftment of Sconomic Development Request For Proposal
(APP) specifications to identify qualified consultants who
would prepare and submit bids to conduct the market analysis
and financial feasibility study to determine the feasibility
Of an Allapattah Retail Produce Market.
Cz Establish an RFP Selection Committee composed of members
Of the corpo.ration's Board of Directors, corporation's
Executive Director and staff from the City of Miami
bepartments of Community Development, Planning and Economic
Development to select the consultants.
D. Establish a selection process for the Committee review
of all proposals and make final selection of the consultant.
B. Review and monitor the consultant's progress on a periodic
basis.
P. Review and critique draft to facilitate the preparation of
the; final report.
O. Submit consultant's report and corporation's proposed MBOs
to implement the consultant's recommendations to the City
of Miami's Department of Economic Development.
2.3 COMPLIANCE WITH FED. RaL, STNTF AND LOCAL LAWS
Both parties shall comply with all applicable laws, ordi—
nances and codes of Federal, State, and local, go✓er,ur;ents.
2.4 CONTRACT NODIFICATION-
The City or Contractor may, from time to tire, request
�w �
changes . in the Work Program to be performed heree.:nder.
Such changes, including an increase or decrease in the
amount of Contractor conpen3ation, which are mutually
agreed upon by and between the City and the Coatzac$tor,
M3-
MUb t be incorporated in writing to this Agreement ah1 mu.t
be executed by the City and the Contractor and are subject
to the provisions contained in the Policies and Procedures
t4anual for Community Based Organization:.• .
One-half of the total amount of this contract ($7,500)
which is to be allocated for the market analysis and
feasibility study will be advanced upon execution of
an approved agreement between the contractor and
the proposed consulting firm which has been agreed to
by the Selection Committee. The balance of the con-
tract ($7,50.0) will be provided to the contractor
upon receipt and approval of the consultant's report
.,_.by the Department of Economic Development.
3.2 FXNANCIAL ACCOUNTABILITY
At any time or times prior to final payment under this con-
tract, the City may have the Contractor's financial records
audited. Each payment heretofore ride shall be subject to
reduction for a,moun+:s incLudod in the' related i:zJoice or
voucher whic%: are found by theCity. t1 _n iger, on the basis
Of such audit, not to constit=ut o- allowable cost_ Anv
payment .nay he reduced for payments, or increased for ur:3Ar-
payments, on preceding invoices or vouchers or to repay
any amounts.
3..3 FINAINCIAL RECORDS
The Contractor shall rta-ntatin separate accounting record
T
U
the funds uftdar this Agteeiratt.. Acc6witifte rdeardt Rust _
reflect that funds provided by the City have beeft t►atcF ed
dollar for dollar by the contractcr4 -
. h
MT:.NTION OF RECORDS
Contractor agrees to retain all financial reco.:as,
supporting .docu;tents, statistical records, and all other
'
records pertinent to this contract, for a period of
three (3) years. The retention period starts iron t-he
date of submission of the final expenditure report_
•
Records for non -expendable property acquired with
funds under the Contract, shall be retained for a
period of three years after its final disposition.
Said records shall be retained beyond the three year
period if the audit `indings have not been resol:red.
3.5
BONDING AND INSUI-LkNCE
—During the term of this Agreerent tine Contractor shall
maintain insurance and bonding coverages acceptable to
the City_ Prior to co.;tmencing any activity under this
Agreement., the Contractor shall furnish to the City
certificates of insurance and bonding indicating that the
Contractor is in cozipliance with the provisions of this.
article.
The Contractor shall provide the following coverages:
a) Insurance coverage that reflects sound business '
practices acceptable to the City_ "
b' Fidelity bonding for all persons handling fu::ds .,
received or disbursed under this Agreement in as
amount equal to or greater than the maximum ancu.^t of.
cash held at any one time. $10,000_
5
!
84-284
funds under the
period of three years after its final disposition.
Said records shall be retained beyond the three year
period if the audit findings have not been resol.red.
BONDING AND INSUEUMCE
—During the term of this Agreerent Uie Contractor shall
maintain insurance and bonding coverages accept -able to
the City_ Prior to commencing any activity under this
Agreement., the Contractor shall furnish to the City
certificates of insurance and bonding indicating that tre
Contractor is in com-pliarce with the provisions of this.
article.
The Contractor shall provide the following coverages:
a)
Insurance coverage that reflects sound business
practices acceptable to the City_
Fidelity bonding for all persons handling fut:ds
received or disbursed under this Agreement in as
'' amount equal to or greater than the maximum a"zjou.^.t of
cash held at any one time: $10,000.
iY i 1 7
t
t
t
.-_Contractor agrees to give advance notification, n writing
to the City of any subcontract. None of the work or ser-
Vices, including, but not limited to, consultant riorl: or
services, covered by this contract shalt be subcor_t,acted
without prior written approval of the City. Any Work. or
services subcontracted hereunder shall be subject to each
provision of this contract. Proper doc=enratioa in ac-
cordance with the Department of £conor_i.c Development and
City guidelines must be submit-ted to and approved by the
City prior to the execution of any subcontract.
The City reserves the right to review all bid doc=_ents
both 0ith the Private Non -Profit Contractor, and other en-
tities, and, to review and audit books and records
related to the bidding process.
-The advance notification process shall include the
following:
a) Identification of the subcontractor and services to
be provided.
b) The propoSed subcontract price together vrit l a co::'plete
and accurate: breakdown of that price on a component
q by component basis.
c) Identification of the type of subcontract to be used
d) Sumn, ary jf actions
taken to select the subconLrac: Qr_
RBPORTS, AUDITS, AND EVALUATIONS
The City shall cooperate with the Contractor in the
3
conduct of activities delegated under this contract as
reasonably requested and as described in the Policies and
procadures Manual for Co.nnnunity Based Orclanizatiors. The
Contractor agrees to submit to the City such reports as
nay be required.
wow
84-284
the City to inspect as it deems necessary for grant purpo-
ses records that may be relevant to Federal, State or
`focal directives.
Contractor hill transmit to the City, in writing, non'. - iv
jreports regarding current activity and the progress of t-hz
Contractor's activities in the format, presented by the
City_
At the request of the City, Contractor will transmit to
the City written statement of contractor" s o; ficial policy
on specified issues relating to Contractor's aciiivities..
The Contractor further agrees that the City may carry out
monitoring and evaluation activities to include at a Twin-.
imum, visits and observations by the City staff and will
=--effectively ensure the cooperation of the Contractor's
employees and board members in such efforts. All reports,
• audits, and evaluations either submitted to the City on a
monthly basis, or acquired through on -going monitoring and
evaluation will be thoroughly reviewed by the City.
discrepancies, incomplete or inadequate information eitLe;
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.
84-284
84-284
•�• �.i:OrCtt Z1Ce,
tti contract. If all such Vernon � re-serltly or it tc-
y
� L
i �. . Yr. L^ aRv A- �_ ,
Or collt.rol.J any suet, �ha_c-,
future acquires, Owns
interest, he/=lie shall ira�;.^:: i atel-y c.iscL��se -
or personal -
p
City and (other anpropriat�� ag- c-c's)
such ircte est to the..
�
disclosure, such person shall discontinue his/
Upon such
her articipati.on if such participation is contrary to t..:.
p -
public interest-
-Federal,
comply with all'Federal, State Ord
The Contractor .,ill
local conflict of interest laws and requirements.
,. 4.4
'INDE�siiFiCATION
The Car -tractor understands and agrees that it is an in-
dependent Contractor and agrees to indemnify and.save the
'
City harmless frora and ag ainst any and all claims, liab;--
liti+�s, losses arid causes of action, which r..ay arise out -
of the Contractor's activities under this contract, • in-
act on the "'t o�
Cl Omissions to P--
uding all other acts or
ding any person acting
or any of theta, incluy-
-_
the contractor
his or their behalf and, from and against any
for or on
or decrees which riay be entered and from
order::, judgments
and against all casts, attorney's fees, expenses and li.abz-
lities incurred in the defense of any such claims, or in
investigation thereof. In addition, the contractor will
the
hold the City harmless an d %,rill inde-:,nify the City for fuacs
•
" ICity is obligated to refurc� Federal govera-
tihich the
conduct of activities and adthe
out of the �:.�-:tis-
:r
' nent arising
"'.
tration of the Contractor_ �n case' suit is instituted in
order to obtain funds from the Corit-yactcr fo:r which t:^.e
City is obligated to refund from tiie Federal Govzrr.:�snt,
Or
the Contractor agrees to pay any additional fee which the
..Court may adjudge reasonable as attorneys fees.
p 4
84' 284
The Contractor shall disclose all soutces (PubLIC anu erLva-
tee , and Emounts of funds reflecting the total budget
whether they be real or in -kind at the coMx-'ence-��Gnt of t--c
Contract period, as well as any changes in the amount of
funds through program income*or other sources received
during
the terr►1 of agreement, within thirty (30) days of
such change. Examples of in -kind funds to include free
rent, labor, office equipment, etc.
4s� FINAL EXPENDITU?.E REPORT
A final budgetary report including aria ted f ill-ancial state-
the2nts shall be sub:ztitted to City within thirty (30)
m
days alter the e:�piration of the contrast period_ icLs
report snould reflect actual expenditures, by Line -items,
versus proposed e:mer_ditures sub.-:u.tted of
at the beyinz-ng
_the Contract year . • All persons employed and paid pursuant
to • this Contract should be Lisnumber,ted by na-me, title, Social.
Security number,
date hired or terminated, ethnic back-
ground, and total salary reflecting both City and other
funding sources.
4'sT Q;MERSHIP OF DOCUMENTS
All writings, diagrams,' tracing, charts, and schedules _
• Contractor under this Agreement, shall be de -
developed by ,
city b said Contractor upon completion of
de-
livered to L11� Y Y
the work and shadl become the propertY of the City, without -
restriction or limitation on their use_ Contractor agrees
that all documents, records and reports maintai^.ed and ge-
n,erated pursuant to this contractual relationship between
the City and Contractor shall be subject to all P Ovlsions
of the Public Records Laws, Chanter 1�9,
Florida statutes.
a
84-284
r^ tooc, by and b,� :, ;rt t:'rc� �'s c r `.:. .:c t:.
li3rrnation, cazitir.�;s, maps, coat•: act ct����u,aentu, rearjrE s or
any other matter c,jhatsoc-�ver which if; given by the City to
the Contractor pursuant to this nrjrcement shall. at all tir "s
remain the property o; the City and shall not be used by
1 the Contractor for any other purposes :•1he-tsoever without
the «xitten consent of the City. -
a
4 .8 AWARD OF AGREE_11ENT `
1Xhe Contractors warrant that they have not employed or
retained any company or persons to solicit or secure this-_
Agreement and that they have not offered to pay, paid or
agreed to pay any person or company any fee, conMussicn,
or gifts of any kind cortingeat
percentage, brokerage fee,
upon or resulting fron the award of making this Agreement_
The Contractors are aware of the conflict of interest Laws
of the City of Mian (Miami City Code Chanter 2, Article
'�) , Dade County, Florida (Dade County Code, Section
ancl,the Florida Statutes, and agree that they will fully
comply in:all respects with the terns of said laws.
4 . 9 :, NON-DELECA 31LITY
lt'is understood and agreed that the obligations undertal, -
by the Contractor pursuant to this Agreement shall not be
delegated to any other person or firm unless the City shall
• �t consent in writing to the performance of- such servi-
fir
ces or any part thereof by another person or firm.
4.10 CONSTRUCTION OF AGREEMErIT
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.
a
84-284
r.
TEiOo
5 , 1 WMMULM CO:MPENSATtON
'rite Contractor agrees to accept a- full paym_-nt fit Dry bt=
fessional services rendered in a manner satisfactory to the
City, the actual amount of budgeted, eligible and City
approved expenditures and encumbrances Wade by the
Contractor for the purpose of carrying out the services.
hereunder during the period of this Agreement_ It is
expressly understood and agreed that in no event, shall the
total compensation and/or reimbursement to be pa;d hereuitee;
exc:,:!ed the maximum su-n of 15, 0o0 •
S.2 TI;ti2S OF PERFORM. -ANCE • ! .
This Contract shall become effective upon execution, and
the services of the Contractor. are to co::ti•,�nce on Fpri1 1.
1984 and terminate•on September 30, 1984.
5.3 OB IGATIOU TO' RE -NEW
_-Upon termination of this. Agreement, the Contractor agrees
and understands that the City has no' obligation to re -nets
this Contract.
5.4 MCAPTURE OF FUNDS
• The City shall .reserve the right to recapture funds when= •
the contractor fails to. comply .with the terms of the
agreement or refuses to accept conditions imposed by the -
City.
ARTICLE VI
GEDTERAOL ASSURANCE AND CERTIFICATIONS
�.l THE CONTRACTOR ASSURES AND CERTIFIES TFMT:
i) It possesses legal authority to enter into this Cori --
tract; a resolution, motion, or sirailar action has bae::
84-284
tinting he )--!r son. identified its r-.2 f ci-t i. : �...• ;•_
titre of the Contractor to act in connection tij.th trc
t,!dntract and to provide such ac?1it:i.onal z.rlfar ;j..tio: a;
May be required.
it trill” comply t•;ith the p*-oiis i on of the hatch Act
which Limits the political.activity of employees.
It will comply wit the require►aent- that no progra
tinder this Contract shall involve. political activ.Lty -
(Section 710).
3ft will establish safeguards to prohibit employees
from using their positions for a purpose that is or
gives the appearance of. being mativa`ed by desire for
private gain for themselves or others.. particUarly
those with whorl they have family, business or other
ties (Section 702(s)).
5) Participants or employees in the program fournd pur-
suant to this Agreement, will not be employed on the
construction, operation or maintenance of that part
of any facility which is used . for religious ir_structi.oa
Or worship (Section 703 (s)) .
(5) Appropriate standards for health and safety in work
and training situations will be maintained (Sectior_
703 (5)) .
7) Persons employed in public service jobs under this
Contract shall be paid wages which shall not be low.=
than whichever is the highest of (a) the wage
which would be applicable to the employer under the
Fair Labor Standards Act of 1938, if Section G (a)
(1) of such title applies to the participant and if he
were not exempt under Section 13 thereof, (b) the
State of Local minitun wade for the most nearly con -
parable covered employment, or (c) the prevailing rates
Of pay for ngrson-, emnloyea in sinillar public occana-
tions by the same employer (Section 20;1(a) (?)
9
62
E %f�I coin -ply c:itil 'i.; 1e litc = tEt_ (:i•i� 3. E'i;:t F•. s
tit 1974, Title: Vllt Of t-:t_' Civt.t. i'.i.;ief:. 71' t cs
Mid Executive Orders 3.1246 and 110'73s, and 3 oL
t p itousing and Urban Development .act of .1968, a.s
mended b.nd incorporated herein by reference.
xt will comply with the regulations and. requirements
of the Office of Manage-ment and Budget Circular A-102,
`'Uniform Administration Requirements for Grant -in --Aid
to State and Local Governments" and Fe eral Management
Circular 74-4, "Principles for Determining. Costs
Applicable to Grants and Contracts with State and Local.
Governments."
ANTI-XICFKBACK.16ROVISI0N • • `•
The Contractor will comply with the Anti --Kickback Act,
Title 18, USC Section 874, and provisions; of the federal
Labor Standards, Title 29. •,
ARTICLE VII
y.1 ` —TERMINATIO'1 CLAUSE
The City, by giving written notice specifying the effective
date, may terminate this Contract in whole or in part for
cause waicn shall include (1.) Failure, for any reason, of
the Contractor to fulfill in a timely and proper manner
its obligations under this Contract, including camplia-mca
with the approved Mork Program and attached coraitions,.
the Policies �.nd Procedures 2?anual for Co �.:�.n DaSnd
L
� .
Organizations, and suchdirec�zvct as L,ay become cenarally
applicable at any time, (2) submission by the Contractor
to the City, of reports that are incorrect or incomplete
in any material respect. Further, it is mt~tuaily agreed
that the Contractor shall immediately, upon denand by the
City, cease and terminate any and all activities includ"y-
but not limited to divesting itself- and any subsidiary(s)
of specific assets and/or projects and that upon de:-a::Y
Of the City any and all acL:LL:.:.:I L an`_; t;t., _; c, _:t : �l `
+CI% -livered to the.. City c1n�J become tali! ::t1t� �CG?��: ;:�' �� t�� Cs_,.
•
ant ` a� EsJer:`• t•;.,•
tpoii the ev�zilaUi.l:��-v cat' C'rct�ceJ. �tirt�ls � �.r� •
ltlraarn or rnduccd, is
t�io�� funds arc to.i.t .
AU
C ' ♦ C7
reflect tije G1e:2ng'�_: zr. the •i=�i14v� lz-
Ey of the fU11d3- In the even
t that the n5�`�em`nt must be
tr�rninated�due to the unavailability of Federal f►�nd3, the
Contractor shall be entitled only to recover the actu=i
tive costs incurred up
to the date of
amount of adr►in;stra
termination, which in no event shall exceed the 4`'°un`
allocated for administrative costs ur_der the Agreer!ert ±
ail •
ARTICjE VII1
SIGNATORIES .
Yrt WITNESS tvd::REOF, the parties hereto have caused t;!is
Agreement to be e:cecuted in their naves by
their duly au-
thori.zed officers and
the corporate seals to be affixe,
he day and Yew' firs:. above written_
izereto; all as of t
day .o=
WITNESS our hands and seals on this
..
._. �1983.
CITY OF 1.11 '1T r a municipal
• Corporation of the State of
Florida
ATTEST: .
• gAi,PH G. ONGIE,
CITY CI,F.FLK HV • GAR- Y, CITY igLNDiAGER-
i
ATTEST:
BY
PRESID?.`T
SECRETARY
APPROVED AS TO FOP14 AND CORRECTNESS
E R. CARCIA-PEDROSA, CIT
84-284
WABRE
dog,�: with �•fi�er�t; a�:j
fos to enter into an : 5r0 ew._nt the Citj of
s
�t1HL.F2Er�S, •the Board Of bir`ctors at 4 duly �1^lci core-=
rate t*eetiny has considered the matter its accordance c►it'R the
Zy.L cts of the corporation;
NO;a, THEREFORE:,
IT RrSU�,Vr.D ilk` TILE F30�,�?D OF DIP
. JP�
gnat the president and secretary are hereby' authorized' and
instructed to enter into a c
unor, the terns
ontract in the pame and on behalf
th^s corporation �sitY! the City of I-ii?1-Ri _ _
contained in the proposed contract to which this resoluon is
attached. .
DATED this day of.. -4.
• i