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HomeMy WebLinkAboutR-83-09344P J - 8 3 - 7 8 4 9/2!83;-rr RCSOLUT ION NO. 83-9 34 A R1:5OLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, SUBJECT TO THE CITY ATTORNEY'S APPROVAL AS TO FORM AND CORRECTNESS, WITH THE MIAMI DESIGN PLAZA MERCHANTS A550CIATION (MDPMA), IN SUBSTANTIAL ACCORDANCE WITH TERMS AND CONDITIONS SET FORTH IN THE ATTACHED MEMORANDUM OF AUGUST 5, 1983 FROM THE DIRECTOR OF THE ECONOMIC DEVELOPMENT DEPARTMENT, FOR THE PURPOSES OF MEETING ADP4INISTRAIIVE EXPENSES ASSOCIATED WITH THE OPERATION OF THE MDPMA AND FOR PROMOTING THE ANNUAL EVENT "MIAMI MARKET DAYS" (FORMERLY KNOWN AS "MIAMI MARKET WEEK"), WITH FUNDS THEREFOR ALLOCATED IN AN AMOUNT NOT TO EXCEED $48,000 FROM THE DEPARTMENT OF ECONOMIC DEVELOPMENT'S FISCAL_ YEAR 1982-83 GENERAL FUND ACCOUNT. WHEREAS,the City Commission is committed to economic development and the expansion of trade and commerce; and WHEREAS, the Miami Design Plaza is the third largest and fastest growing design destrict of its type in the nation; and WHEREAS, the Miami Design Plaza Merchants Association (MDPMA) made a presentation at the June 99 1983 City Commission meeting in which they requested funding in the amount of $75,000 to promote the annual event, "Miami Market Days"; and, upon review of the proposal, and based on the limited funds available, it is recommended that the MDPMA be funded at a level not to exceed $48,000 for administrative expenses associated with operating the MDPMA ($33,000) and for the promotion of "Miami Market Days" ($15,000); and WHEREAS, the Department of Economic Development has funds of $48,000 available in its 1982-83 General Fund budget; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: CITY COMMISSION MEETING OF OCT 25 1983 R.SuLuiiu„ +u 8'�"n•3+� REM; RKS- 0 0 Sec t ion 1 . The Ci ty Mannrjer i s hereby author i zed to execute an agreement, sub jert. to the City At torney' 3 approval as to form and r.orrectfie ss, with the Miami. Design Plaza Merchants Association 0F11)PMA), in suhst ant ial accordance with terms and condit. inn set. forth in the attached memorandum of August 5, 1983, from the Director of the Economic Development Department, for the purpose of meeting administrative expenses associated with the operation of the MDPMA and for prornotinq the annual event "Miami Market Days" (formerly known as "Miami Market sleek"), with funds therefor allocated in an amount not to exceed $48,000 from the Department of Economic Development's fiscal year 1982-83 General Fund Account . PASSED AND ADOPTED this 25th day of October , 1963. ATTEST: RA H G. ONGIE CITY CLERK PREPARED AND APPROVED BY: I. /J" J,/ ZRR T d.LAR DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: CITY ATTORNEY -2- Maurice A. Ferre MAURICE A. FERRE M A Y O R 83-934 ~. . CITY OF MIAMI, FLORICA INTER-0FF1CE MEMOAA•NOUM ( ~~ - _. ~ ~~ -~ HOward V. Gary ~- = ' yoArE~ August 5 , 1983 RILE: City Manager sue~EC- Pecommendation To Fund The Miami Design Plaza •^ ~~~1_ ~?erchants Association ~RGM Charlotte Gallogly ~ .,~y~~- REFERENCES Direc..oz _ September 7th Cct*,missic,. ;,epart.~nent of Economic ;Meeting Agenda Development ENCLOSLRES. "It is recommended that the City Commission approve the attached resolution authorizing the City Manager to execute an agreement with the Miami Design Plaza Merchants Association (MDP:~iA) , for *_he purpcses of meeting administrative expenses associated with the operation of the MDP:~.A and for promoting the annual event, "~?iarii Market Days" (formerly known as ":•Mami Market Week") with funds therefore allocated in an amount not to exceed $48,000 from the City of Miami Department of Economic Development's 1982-83 General Fund ticccwnt." Backcround On June 9, 1983, the Miami Design Plaza .Merchants Association (MDPMA) made a presentation before the City Commission requesting funding in the amount of $75,000 for the purpose of sponsoring the second annual event, "Miami Market Days" (formerly known as "Miami Market Week") from February 10 trrouch 12th, 1984. (See Attachment I - Proposal). This event drew more than 2,500 parti- cipants last year. The main objective of the event is to promote the Miami Design ?laza, the fastest cro~ving and thir3 larcest district of its type in the nation, in both the national and international markets. On July 12, 1983, the City of Miami's Depart.~nent of Economic Development (DED) completed a preliminary review of the f~.inding reeuest and in discussion with the MDFM.A, t::e original budget was reduced to S70,000 (?,ttachment II}. At the same time, the total b~.:dcet nor t^e entire e~•ent was ccrrespcndi^gly revised f.cm 5267, 000 to 5215 , 000 (:,ttach^~ent III) . On July 25, 1983, the DED once acain :^.et with the :~.DP~+L~ tc discuss the fundi ;c reccmmendation .or t:iis eve..^.t. <t this meetinc, t:'.e DED and the :•~?u? mutually acreec that what was vitall.. needed 83-934 Howard V. Gary City Manager Page 2 was to have a full-time ad-ninistrator to effectively operate the MDPMA. At this time, the MDPMA is operated by its officers, who are all full-time businesspersons and are not able to devote sufficient time to the day-to-day affairs of the MDPMA. This need for an administrative office is also based on the fact that now, more than ever, the MDPMA must be very active in uniting the merchants and property owners of the area. In the next year, a major 5120 million design center complex will be constructed in Dania, Florida. It is anticipated that this center will not only compete for customers that currently patronize the Miami Design Plaza, but will also be very active in attempting to attract businesses from Miami to relocate to the Dania center. It should be noted that last year, the City provided funding in the amount of 535,000 for this event, with the monies coming from the Special Programs and Accounts-Contingent Fund. Analysis As to the ~mourt of funding that should be provided to the MDPMA, we recommend that 533,000 be provided to the :+^_DPMA for the admini- stration, including the hiring of an Executive Director, of the day-to-day affairs of the Association. tde would require that the MDPMA match this 533,000 on a dollar-to-dollar basis (including in-kind services) which would mean that at least 566,000 would be available for administation. The administrative staff would have such duties as conducting MDPMA meetings, producing newsletters, initiating fund raising campaigns, and coordinating "Miami Market Days". In addition, we have reviewed the funding request for "Miami Market Days" and recommend a revised budget of 515,000, a 79~s reduction from the MDPMa's original funding request for "Miami Market Days" (a line-item analysis or our recommendation is presented in Attach- ment I`7) . We feel that the City's funds would best be utilized to meet expenses associated with the direct marketing of this event. It is essential that advertisements be placed in leading publications to ensure that "Miami Market Days" is properly arcmoted to the design trade. As a result, ~~e recommend to fund in fLll, the a.TMount recuested for ad placements, but cannot recomr.:en,: funding fer mailings and brochures, ar~work and posters, nor for the printing of the 8irector.~. 83-934 ~~ Howard V. Gary Citl Manacer Pace 3 Recommendation We recommend that $48,000 be provided to the M~P"4A for the purposes of administration (533,000) of the Association`s affairs and for the promotion of the second annual "Miami Market Days" (S15,000). These funds would be provided from the DED's 1982-83 General Fund budget, since there is currently a savings of at least this amount in the salary line-item and other cost categories. The City of Miami is very proud of its Design Plaza and has always been committed to foster the continued expansion of the industry. It should be noted that besides this 548,000 grant, the City in the upcoming months will be placing new sicnage in the area (approxi- mate cost is 520,000), has contracted with a consultant to conduct an urban design plan (cost of 54,500) and will be embarking on a proposed S500,000 Highway Improvement and Beautification Program (1983-84 Capital Improvement Program). We feel that all of these projects combined will ensure that this District continues its success as one of the premiere design centers in the world. Also, all of these efforts will hopefully provide the District with a competitive edge over the design center that will be constructed in Dania, Florida. Finally, the City will not be able to execute this contract until it receives 1,000 copies of last year's directory. The :KDi~~A is currently in litigation with the consultant that was hired to conduct last year's event. Since payment for the directories is one of the items that is being disputed, the City has not been able to receive copies of the directory. CG/AR/ju Attachme.^.ts 83-93~. ~` , MIAMI DESIGI~1 PL.A.ZA AS.St3CIATiOt`~ P.O. Box 370416. Miami. Florida 33137 (305) 576.2278 OFFICEAs vr<~td~r,t .ferry Codv EG Coey Vice Pneafdent nen<y L FrMber Wrage Cotlectabtes. Inc secretary Oena wMtener Durty G lee Corretponding seuetary 3n SmKn Grnerel MKa Corp. Treaeurv Gorton wahanu Spencer. Vv dly rrts Shov.roorrtt pRECTORS Ronald Btcker gonatd Charter ~tsocytes f4ugh Cochran rUyn Cochran Atsocytet Leonard Cole 9+o.room 81 My Kats Sprat E e7t.rs unwn+ted Cara Poarw 9uaw ~e KenntN Ro00iro l.ynt~ng By Kenneth. lnc t~ccss uxison crone BtaMa Flonda pesrgnen f]uanenv uG51G`tLK uri150n Bob Rubinatdn Bob 2ubrnttnn ~nter+art June 30, 19 83 Charlotte Gallogly City of Miami Oept. of Economic Development 174 East Flagler Street, 7th Floor Miami, Florida 33132 MIAMI MARKET DAYS - PROPOSAL ATTACu'•?EtiT I Dates: February 10,11,12, 1984 The Miami Design plaza, which represents a 38-acre design district, has grown to become the third largest and fastest growing district of its type in the nation, the Miami Design Plaza has sponsored two highly successful Designers' Saturdays and last year's Market Week which have drawn upwards of 2500 participants and the district itself has received international media recognition for its economic and artistic clout. The latter translates powerfully into 250-design- related businesses, more than 5,000 jobs and do annual contribution of more than 5350 million dollars into our local economy, Thy Miami Design District has taken its place alongside other design meccas such as New York, Dallas, Los Angeles, Milan and Cologne, among others. This event, Miami Market Days must continue to be a full p fledged, international buying spree aimed at the world's architects, specifiers, designers and manufacturers during which time the newest lines of furnishings, products and design techniques trill be unveiled for the first time. We conservatively estimate that Miami Market Days, February 10, il, 12, 1984 Will drvv 5,000 participants which is a conservative estimate considering California's West Week, previously held, drew more than 18,000 people from 37 states and its organizers placed no more advertising than Miami Market Week has scheduled. 83-934 ~, MIAMI DESIGIy PLAZA ASS~CIATi~n .~ ~ ~ P.O. Box 310416, Miami. Florida 33131 (3051 576.278 ..~ OFFICERS Preaidenl .Jury Cody EG Cody Vice Preardent `fancy L Ferber Wrage C:olkctaDles. trl[. Secretary !lens Wndarrr Wtir G lee Correapording Secretary 3U Sinnn Ger~ral Nres Corp Treasurer Gordon Wdiums Spamrr udlrsnla Showrooms DIRECTORS Ronald BeeMu RonaN Cnerles Associates Mugh Cochran rluyh Cochran .ASSaaalta Leonaro cote 4tarradm ea Hy Kat: Sofas G Cnarra Un6mrte0 carol poanv Swdro 36 Kenneth RobWna ;,ynr,ny tly KMnetn. Inc I'Kt.tiS I Irii~n Cdpra Biaka dcnda O,e,gnrn r:uanerr. uf.51(.~t:K I 1 i150r gap Ruplrolern Bab gUa~nale~n IM MOfa To this end, we are now coming bock before the Miami City Commission to request that the 575,000.00 grant which was requested in June 1983 now be approved to the Miami Design Plozo so we may aggressively promote Miami Market Week in the following ways: 1. Introduction of New Products Worksho s an ervices Provided by the individual businesses- Showrooms to be open during the Market Days with unique exhibits to be viewed by the buyers. 2. Miami Desi n Plaza 1984 Director A complete source boo of products, manufacturers, merchants and services available in the area. g Direct Mailings To a well defined market both nationally and internationally projecting the importance and inviting them into our Miami Design Plaza. This will contain invitations and all instructions on registro~tion and hotel and travel accomodations, ¢~. Advertising To promote the Miami Design Plaza in appropriate publications, with national and international distribution. 5. Collaboration Gala The continued annual showing of the Collaboration Collection designed by leading national fashion designers using Home Furnishings Industry Textiles. This Black Tie affair will be held at the Omni Hotel. 6. "Florida Desi Hers Quarterl Annual Dis la ompetitlon Awards for several cotagories of showroom window and area displays. 83-934 '~ ,~ MIAMI DESIC~ PLAZA AS.S~CIAT'IOn P.O. Box 370416. Miami. Florida 33137 (3051 576.2278 OFF1CERs Ort~ident ,I~rrr Cody E:: Judy vice 7rnident t'lency ~ Ferbrr 'Wrar~i Cwkcuoiee. Inc. Secretary Dena Whr~errr a,~r. t; Lee eorre~ponalnq secretary Fsn Smrrn ;Rnerai wre Cocp Treuurer Gordon Wrilams ~aroeaW,ihams shwroomf aaecTOas Rona14 Becke- iZonerd ClWrrt~ ~saocutef Muph Cochran r+uyn C.,cnran ~saoesatn Leonard eok St+orroom 8d My Kats Sofas G Chavt UNrmted Card loaner Studro 78 Kenneth Roebhu Vgntr+y Br Kennetn, lrx. rRCSS u~lson ciorta Btakt Flonda Gesgnen cyynerfy UESIG"ER I.IAISOr Boe RuWnatein Bco Ruornatern Inrenors 7. Poster Promotion Collectable posters to advertising media that be displayed as an will be available for sale 8. Hospitality Suite Established within the Omni Hotel and there will be transportation provided *o and from the Design Plaza. 9. Interior Oesi n Ma azine Wil sponsor an annua Business Seminar. 10. House 8 Garden o sponsor a cocktail potty and seminar. 11. "The Designer" urie Chess will give informative seminars on Design topics. 12. Interior Desi n Guild Will display t eir Designer Of The Year" award winning entries. 13. Worldwide Journalists T roug co-or ination with city of Miami to -• cover Miami Market Days events. All .of these efforts will underscore the buying, sightseeing and proffessional opprtunities which sill await Miami Market Week participants. And not incidentally, our to be o big hit... talked Market Days is over. February climate is bound about long after Miami We close with confidence that your colleagues will shore our enthusiasm for Miami Market Days as a unique opportunity to again emphasize Greater Miami's emergence as an important cosmopolitan city. We trust the commission will grant our request. Sincerely, .I Jerry o y ' _ President, Miami Design Plaza f~3-93~ .±•• .~~ ,~ .~~ ATTACHPIENT I I Ali rjrJ~~~~~ ~t'~~~ii I s~i...'~.t~ ~'~:.•'~ 'Lil'y";~Ci`I `• . ~„ • ~ F'.O. [Sox 370•+18. Mi.~trli. t`Ir,lid,, 331.3; (3US1 57(i-?27;; V~ 1 :.'NS ~ ~ .. C. ~ ... \'i~ C 1'rr~..ienl ~~.., , •..":.:.IBS. Ire ALLOCAT It~y QF C I? Y FUNDS X70, 000.00 1:, • „~• , I~,:r, „ Ci,~,.y.,••J,ng S~cret~ry t. ~ +..~n Carp Ir~,,~•,•• „ ,. Advertising .~ `'~ ,. ~ ~ .'. r...: Rya :.wciOnrfl~ I,,r,•,-,0„5 Ad Placements; "Florida Home 1:~~ _:~ tsccl,v Furnishings", "Interior l7esign", ` '"'''°'!°'"""""°' "The Designer", "House and . ~• L:.:4•?n",:~=Nln Garden", "Florida Designers I~~~~~,•IC.,,I~ Quurtcrly", "Vanidodes" S15,000.OG d•.. ,(f: 11~ Ij..:. Ca+~I i`..;ner , k~irl.lns ;;,:,,,,e:n Direct riailinas 516,000.OU I~,.,' ~.,•1.. rn,r~n 4x I•la •,, u:\~atrn r f.,,i~ t'Irkt .-.,.....;,:s,ncitt].•utaly Artwork 8 Posters S 9 00 000 1>t ~It,,!.It 1.1\150^1 , . It.,:, .:.,~intleln ~• , F ~ • mu .m Int.•rior~ D irecto: y S3Q, 000. Gd 570, 000.00 83'-93~. .~~~~ 1 I ATTACHMEtJT II I ~ ~ ~-'t~~ t•`i~r~ 1~I D r iii ~ P? ~~_ar~i ~~.~~1 ~?'a~i~ r~ P.O. Elox 37016, "ti~lrcri, F'I<~rlrl:r 33137 (30`i) 3;6•ZZ;E3 OFFI~cR3 Preaidrnt 3"+Y CWY Lt, C~~y Vk•a Prealdenl r•Ln~y L Felber tM~~e CdicctaLtes. Irx. r ~«` BUDGET fOR MI,aMI MARKET DAYS r rakr wny c Lr~ Corre~por'dinp secretary Recciva F'afr'31c rv„s,,,,~h - Crr,wr~( MrCa Core. Tre~surer Registration Fee S,000i~ 510.00 550,000 OGrdLn \\Ji~alro C,,arvr WJI~m+M Slawroomf 100 Showrooms ~ 5500.00 50, 000 DIRECTORS k^^•+IaA«~~* Directory 15,000 45,000 f:.rwid Cluriea r\lfOCWtei Hugh Cochran -+,~~, ccrtruan Auotwltl Collaboration ' 84 30, 000 37, 5G0 Leonard Cule ob~+,rm es I, K,,, Advertising ~r0 000 Y Sdna G Chi+ra (J.+IU+Ured , earwc~""e' Mailings 27 50U 1•~,~•c, 30 , Keuxth RobMM L,.,^~,^~ uy Kr++^.u+. i^~. Designer IC i t s 10 , 0 00 Gi~:r;i Drake 1-.,r•J.urs,grK:rsCruarrer+y 6annQrs, Flags, Decorations 6,rp0 IuSlc+~ett Ll~lst~n G>l. Rul+inftein e.,I,r~:+I+~^s..•+~+i.+~~~+or. Artwork and Creative Aids 9,000 Miscel ~ cneous Mailings to Sna•.rroorr; 6,C~0 Events 7,000 Clerical lI,0U0 Handling Fee 16,U00 City of Micmi 70 OGO 2I~u ~ ~~;~~5 83--934 ATTACHMENT IV DEPART,`~iENT OF ECONOMIC DEVELOPMENT RECO."4MENDED LEVEL OF FL'NDZNG "MIA,'~!I MARKET DAYS " CATEGORY Ad Placements Brochure & Direct Mailings Artwork & Posters AMOUNT REQUESTED S 15,000 $ 16,000 $ 9,000 AMOUNT RECOMMENDED S 15,000 -0- -0- Comment: The City should provide funds for the placement of ads in national and international publications so that the event can be properly promoted. The City should not provide assistance for brochures and direct mailings. Directory S 30,000 S -0- Comment: The total cost for this item is projected . to be 545,000. This publication should not be funded because the MDPMA should be able to sell enouch advertisements to cover the costs associated with its printing. Summary Total amount of funding for "Miami Market Days" AMOUNT REQUESTED S 70,000 AMOUNT RECOMMENDED S 15,000 83-934 CITY OF MIe~MI ECONOMSC DEVELOPMENT CONTRACT FOR THE MIAMI DESIGN PLAZA ~lERC8AI~ITS ASSOCIATION 83-934 TABLE OF CONTENTS Article I 1.1 Contract Provisions Article II Pace 1 2.1 City Authorization 2 2.2 Obligation of Contractor 2 2.3 Scope of Services 3 . 2.4 Compliance with Federal, State and Local Laws 4 2.5 Contract Modification ~ 4 Article III 3.1 Work Program and Line Item Budget 4 Article IV 4.1 Budget Summary and Justification 5 4.2 Maximum Compensation/Method o~ Payment 5 4.3 Reimbursement-Timely Submission 6 4.4 Salaries, Fringe Benefits, Job Descriptions 6 4.5 Financial Accountability 6 4.6 Retention of Records 7 4.7 Bonding and Insurance 7 4.8 Subcontracts 8 4.9 Reports, Audits and Evaluations 8 Article V 5.1 Projects Publicity 9 5.2 Equal Opportunity 10 5.3 Conflict of Interests 10 5.4 Indemnification 10 5.5 Level of Service 11 5.6 Purchasing and Inventory 11 5.7 Disclosure of Funds 13 5.8 Final Expenditure Report 13 5.9 Ownership of Documents 13 5.10 Award of Agreement 14 5.11 Non-Delegability 14 5.12 Construction of Agreement 14 Article VI 6.1 Maximum Compensation 15 6.2 Time of Performance 15 6.3 Obligation to Re-new 15 6.4 Recapture of rands 15 Article VII 7.1 General Assurance and Certifications 15 7.2 Anti-Kickback Provision 17 ~xticle' VIII 8.1 Ter-.nination Clause 17 Article IX Signatories lg l ~3-93~ CITY OF MIAMI, FLORIDA ECONOMIC DEVELOPMENT CONTRACT THIS AGREEMENT, entered into by and between the City of Miami, a political subdivision of the State of Florida, hereinafter ~+iami Design Plaza referred to as the "City", and ti,Arrha.,~~ .,,~~,,; _..:,.~ereinafter 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 80 north- east 40th Street, tiiami, FL 33137 for the period beginning September 30th and ending October 1, 1984. Funding Source: General 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 standazd reruire- ments . 1.1 CONTRACT PROVISIONS 1. Copy of Contractor's Articles of Incorporation, Charter and Sy-laws. 2. List of Present Principal Governing Board Officers and Members of the Board (names, addresses and telephone number). 3. List of Key Staff Persons, with t.'~eir titles, who will carry out this progran. 4. Copy of Contractor's current Fidelity Bond (applicable for all persons who are authorized to receive and dis- burse funds under this contract?. S. Completion of Authorized Representative Statement (on form supplied by the City). 6. Completion of Statement of Accounting System (on fora supplied by the City). -1- 8-934 _, 7. CPA letter verifying the Contractor's Accounting System or current Audit Report (which verifies the Contractor's in- ternal controls as adequate to safeguard the organization's assets) . 8. Final Expenditures Report Ito be submitted 30 days after contract expires). 9. Work Program and Line-Item Budget (subject to approval by the Department of Economic Development). 10. Proof of Workman's Compensation Insurance. I1. Contractor's Corporate Seal (to be affixed to Signatory Page) . 12. Corporate Personnel Policies and Procedures. 13. Corporate Resolution authorizing execution of this Contract. ARTICLE II GENERAL OBLIGATIONS 2.1 CITY AUTfiORIZATION For the purpose of this contract the City of Mia.~-i Depart- ment of Economic Development will act in behalf of the City in the fiscal control, programmatic monitoring and modi- fication of this Contract. 2.2 OBLIGATION OF CONTRACTOR The Contractor agrees to carry out t.'~e pzoject as pres- cribed in its attached Work Program in a lawful, satisfac- tory, and proper manner, in accordance with the written policies and procedures, and requirements as prescribed in _this Agreement, as set forth by the Uaited States Secre- tart' of Treasury, and the City of :Miami Department of Economic Develepment, all other state and local laws in accordance with the requirements described in the Depar~- ment of Economic Development's Policies and Procedures Manual for Community Based Oraanizations which is attached to and made part of this ccntract. ontractor agrees to: stablish an administrative office, composed of at least n Executive Director, to manage the Contractor's office. o publicize through direct mail and a national and inter- ational advertising campaign and through a directory, Miami ."~arket Days" which will unfold February IO-12, 1983, n the City of Miami`s Design District. OF SERVICES 'actor's services under this agreement will include: :stablishment of an administrative office, composed of at least an Executive Director, to accomplish the MBO Work ?rogram to be developed and incorporated into this Agree- nent.~ This Agreement will not begin until the MBO Work ?rogram has been received and approved by the City of Miami's department of Economic Development. reparation and placement in the following nationally and nternationally circulated publications of advertising soli- iting participation in "Miami Market Days": lorida~Desicners Quarterly, Florida Home Furnishings, Interior Desicn, The Desi`ner, House and Garden, Vanidades and Vivar Hoy. 3) Preparation and dissemination of a direct mail brochure to be sent to over 25,000 design professionals throughout the United States, Latin America, and Europe extolling "Miami Market Days" and the Miami Design District. 4) Publishing 10,000 copies of a directory of all fires that are in the Miami Design District for distribution during the Miami Market Days event. A total of 1,000 copies shall be given to the City for promoting Miami and the Mia.~ni Design District. _ 5) Submitting to the City, prior to printing, a layout of the advertisements, brochures, and directory described in this section. 6) Incorporating the name of the City of Miami in the brochures, directories and promotional materials for "Miami Market Days". 7) Submission of a report to the Department of Economic I:evelop- meet by March 12, 1984, detailing the use of these funds, -3- 83-934 ~. including total project costs and revenues and amount of project funds contributed by the merchants; and evaluating "Miami Market Days" from the standpoint of number and type of persons attending "Miami Market Days", gross sales generated and the impact on Miami's economy and on the Miami Design District. 8) Maintain records reflecting that the City's monetary contri- bution to the program has been matched on a dollar to dol~ar basis. Z•4 2.5 COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS Both parties shall comply with all applicable laws, ordi- nance, and codes of Federal, State, and local governments. CONTRACT MODIFICATIOy The City or Contractor may, from time to time, request changes•in the Work Program to be performed hereunder. Such changes, including an increase or decrease in t2ie amount of Contractor compensation, which are mutually agreed upon by and between the City and the Contractor, must 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 a_~d Procedures Manual for Community Based Organizations. ARTICLE III 3.1 WORK PROGRAM AND LZNE ZTEM BUDGET A description of the Contractor's Work Program Specifica- tions will be attached and incorporated rereto and made a part of this Agreement once it has been received and approved by the City of Miami's Department of Economic Development. P.R. I CZ: I V CONDITIONS OF PAYMENT -4- 83-934 lJ 4.1 BUDGET SUMt~iARY AND JUSTIFICATION Upon receipt and approval of the total Contractor budget summary and justification, the budget will attached hereto and hereby incorporated and made part of this Agreement. This Agreement will not begin until the budget sur.+r.;ary and justification has been received and approved by the City of Miami's Department of Economic De~elopnent. 4.2 MAXIMUM CCP+pE,ISATION/P'SETHOD OF PAYME:QT Payments to the Contractor will be as follows: 1) An advance of 1/6 of the total amount or 58,000 upon the complete execution of this Agreement. P.equests for advance payments shall be submitted in writing to the Department of Economic Development for review and approval. 2) All other payments, unless otherwise stigulated, shall be reimbursment for expenditures incurred only in this contract period, and in compliance caith a previ- ously approved line item budget. Such reimbursement requests shall contain a statement declaring and affir- ming that all disbursements were made in accordance with the approved budget. All documentation in support of such request is made and all invoices should have been paid by the contractor prior to submission. All reimbursements must be in line-item form and be in accord with the Agreement. All expenditures must be verified by original invoice with a copy of the cancelled check which was used to pay the specific invoice. In case that an invoice is gaid by various funding sources, a copy of the invoice may be submitted but must indi- cate the exact amount paid by various fundi.Zg sources equaling the total of the invoice. All petty cash accounts must be justified with proper documentation. Requests far budget line-item changes are allowable with prior review and approval by the City. -5- ' - ~ 83-934 The reimbursement request for the month of t4arch and for alI subsequent months shall not be processed until the DED receives the report outlined in Section II.b of this Agreement. - 4.3 REIMBURSE.MEPtT - TIMELY SUBMISSION Requests for payment shall be made on a monthly basis. Reimbursement requests shall be submittted on the fourth (4th) working day of each month. Reimbursement requests for expenditures incurred during the life of this Contract shall not be honored unless received by the City within 4.4 SALARIES, FRINGE BENEFITS, JOB DESCRIPTIONS To be eligible for reimbursement for personnel costs, the Contractor shall submit to the City for approval, in accordance with Department of Labor guidelines, a detailed statement of the personnel policies of the Contractor. These personnel policies will include, but not be limited to, pay schedules, fringe benefits, resumes for contract staff, method used to compute vacations and ill time, working hours, office procedures, paid holidays computa- tion of wages, job description to include qualifications for job, an affirmative action plan, an equal employment opportunity statement, disciplinary procedures and method, format for and frequency of employee evaluations. The personnel policies to be followed under this Contract shall be those used by the Contractor in the ordinary course of its business, providing, however, such policies conform to to provisions of the Intergovernmental Personnel Act of 1970 (Public Law 91-648 effective January 5, 1971). 4.5 FINANCIAL ACCOUNTABILITY At any time or times prior to final payment under this'con- . tract, the City may have the Contractor's financial records -6- .~•.. _ - 83-93~ ~~ audited. Each payment theretofore made shall be subject to reduction for amounts included in the related invoice or voucher which are found by the City Manager, on the basis of such audit, not to constitute allowable cost. Any payment may be reduced for payments, or increased for under- payments, on preceding invoices or vouchers or to repay any amounts. FINANCIAL RECORDS The contractor shall maintain a separate accounting record of the funds under this Agreement. Accounting records must reflect that funds provided by the City have been matched dollar for dollar by the contractor. 4.6 RETENTION OF RECORDS Contractor agrees to retain all financial records, supporting documents, statistical records, and all other records pertinent to this contract, for a period of three t3) 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 of the audit findings have not been resolved. 4.7 BONDING AND INSURANCE Durinq the term of this Agreement the Contractor shall maintain insurance and bonding coverages acceptable 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 the Contractor is in compliance with the previsions of this article. .,. The Contractor shall provide the following coverages: a) Insurance coverage that reflects sound business practices acceptable to the City. -7- .- L: _-_. _.~ 83-934. I b) Fidelity bonding for all persons handling funds received or disbursed under this Acreement in an amount equal to or greater than the maximum amount of cash held at any one time: $10,004. 4.8 SiJBCONTRACTS - Contractor agrees to give advance notification, in writing to the City of any subcontract. None of the work or ser- vices, including, but not limited to, consultant wor}: or services, covered by this contract shall be subr•.ontracted without prior written approval of the City. Any work or services subcontracted hereunder shall be subject to each 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 documents both with 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 with a complete and accurate breakdown of that price on a component by component basis. c) Identification of the type of subcontract to be used. d) Summary of actions taken to select the subcontractor. 4.9 REPORTS , AUDITS , AND ~~AL'J?~TIONS 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 Manual for Community Based Organizations. The Contractor agrees to submit to theCity such reports as may be required. -8- E~~~~34! b) Fidelity bonding for all persons handling funds received or disbursed under this Agreement in an amount equal to or greater than the maximum amount of cash held at any one time: $10,000. 4.8 SJBCONTRACTS ' - Contractor agrees to give advance notification, in writing to the City of any subcontract. None of the work or ser- vices, including, but not limited to, consultant wor}: 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 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 documents "both with 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 with a complete and accurate breakdown of that price on a component by component basis. c) Identification of the type of subcontract to be used. d) Summary of actions taken to select the subcontractor. 4.9 REPORTS, AUDITS, AND EVALU?,TIONS 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 Manual for Community Based Organizations. The Contractor agrees to submit to theCity such reports a3 may be required. -8- 83--9341 f c~ - The Contractor also agrees to prepare and retain and permit the City to inspect as it deems necessary for grant purpo- ses records that may be relevant to Federal, State or local 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 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 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. Any 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 V GENE:QAL CONDITIONS 5.1 PROJECTS 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 utili- zing any available means for advertisement, as necessary for recruitment and outreach. All literature, advertising, publicty or promotion re' garding the Contractor's activities will be submitted to the City for review and approval prior to the ralease or -9- r ... •.~. . 83-93~ distribution. No press conference will be scheduled with- out prior written notice to the City. 5.2 EQUAL OPPORTUNITY The contractor agrees that there will be no discrimination 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 discrimination, the City shall have the right to ter:ai.nate this contract. 5.3 CONFLICT OF INTERESTS 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 same nor own _..___ or acquire any personal interest in any property, contract •or proposed contract which would conflict with or rela*_e to the performance, their 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). Qpon such disclosure, such person shall discontinue his/ her participation if such participation is contrary to the public interest. The Contractor will comply with all Federal, State and local conflict of interest laws and requirements. 5.4 INDE.~SN IF ICATION The Contractor understands and agrees that it is an in- dependent Contractor and agrees to indemnify and save the City haraless from and against any and all claims, liabi- lities, losses and causes of action, which may arise out of the Contractor's activities under this contract, in- cluding all other acts or omissions to act on the part of the consultant or any of them, including any person acting for or on his or their behalf and, from and against any -10- _ ~ .-., 83~934~ ~~ ~ ... - - orders, judgments or decrees which may be entered and from and against all costs, attorney's fees, expenses and liabi- lities incurred in the defense of any such c:~aims, 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 to refund the Federal govern- ment arising out of the conduct of activities and adminis- tration of the Contractor. Zn case suit is instituted in order to obtain funds from the Contractor for which the City is obligated to refund from the Federal Government, the Contractor agrees to pay any additional fee which the Court may adjudge reasonable as attorney's fees. 5.5 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 indi- cation when service will begin and/or continue. It is understood and agreed that the level of services, activi- ties 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 Contract except for reductions unrelated to the pro- visions or purposes herein stated. It is further under- stood and agreed that the program funded through this Con- tract will not result in the displacement of employed workers, impair existing contracts for services or result in the substitution of funds allocated under this Contract for other funds in connection with work which would have been performed even in the absence of this Contract. 5.6 PURCHASING AIVD INVEyTORY The contractor agrees to use its best efforts to obtain all supplies and equipment for use under this contract at the lowest practical cost and shall solicit three (3) bids -11- ~~~ ~ . ^.~ shall accompany all requests for payment. Contractor agrees tv use the procurement of sources available to it to the extent applicable to all Federal,, State, and local laws. All non-expendable property acquired for the program with City Fundy will revert to the City at the end of the City's funding the Program. Non-expendable property being proper- ties which will not be consumed or lose identity. The Con- tractor shall be responsible to the City for any damage or destruction to said property and shall reimburse the City for such damage unless the City or its employees shall have caused the damage. The Contractor shall establish and maintain a property control system and shall be responsible for maintaining a current inventory on all capital items purchased with City Funds. It should be clearly understood that all Capital Expenditures aver 550.00 must be approved by the City prior to purchase. It should also be understood that all items purchased remain the property of the City and should be inventoried as such. This will include list- ing on a property record by description. model serial number, date of acquisition and cost. Such property shall be inventoried annually, and an inventory report submitted to the City. The Contractor shall permit designated Gity staff access to the premises where property is kept for the purpose of performing inventory monitoring functions. The Contractor shall not dispose of real or personal property purchased with City funds through sale, loan or relocation without the written permission of the City. The Contractor shall be subject to and comply with the Mino- city Set-Aside provision of Section 18-73 of the City Code entitled -- Minority Procurement Program. The Contractor, in the procure:~ent of supplies, equipment, construction or service to implement this project. shall make a positive effort to utilize small business and minori- ty owned business sources of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this -12- ~3-93~ ~~ ~1 memorandum of Agreement. To the maximum extent feasible, these small business and minority owned business sources shall be located in or owned by residents of the Community Development Target Area(s) designated by the City of Miami in the Community Development Grant application approved by ' the U.S. Department of Housing and Urban Developr,.ent. 5.'1 DISCLOSURE OF FUNDS The Contractor shall disclose all sources (Public and Priva- te), and amounts of funds reflecting the total budget whether they be real oz 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 term of agreement, within thrity (30) days of such change. Examples of in-kind funds to include free rent, labor, office equipment, etc. 5.8 FINAL EXPENDITURE REPORT A final budgetary zeport including audited financial state- . ments shall be submitted to the City within thirty (30) days after the expization of the contract period. This report should reflect actual expenditures, 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. 5.9 OWNERSHIP OF DOCUMENTS All writings, diagrams, tracing, charts, and schedules developed by Contractor under this Agreement, shall be de- livered 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 maintained and ge- nerated pursuant to this contractual relationship between the City and Contractor shall be subject to all provisions -13- - ~~3~934: ~ y.~,. of the Public Records Laws, Chapter 1~9, Florida Statutes. It is futher understand 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 for any other purposes whatsoever without the written consent of the City. 5.1Q AWARD OF AGREEM.L'IVT The 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, commissicn, percentage, brokerage fee, or gifts of any kind contingent 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 (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 terms of said laws. 5.11 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 t.`~e City shall first consent in writing to the performance of such servi- ces or any part thereof by another person or fir.n. 5.12 CCNSTR[iCTICN OF AGREEP+lENT 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. -14- 83-9~4~ ARTICLE VI COM_nENSATZON METFiOb 6.1 MAXIMUM COMPENSATION ~~ The Contractor agrees to accept as full payment for prof- ` 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 paid hereunder exceed the maximum sum of $ 48,000.00 , 6.2 TI.`'tE OF PERFORMANCE This Contract shall become effective upon execution, and the services of the Contractor are to commence on September 30 and terminated on October 1, 1984. 6.3 OBLIGATION TO RE-NE'A Upon termination of this Agreement, the Contractor agrees and understand that the City has no obligation to re-new this Contract. 6.4 RECAPTURE 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 VII G£NERAI. ASSURAIJCE AND CERTIFICATIONS 7.1 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 Contractor's governing body, authorizing the execution of the Contract, including all understandings' and -15- f33~93~~ ~j ----: assurances contained herein, and directing and authori- Zing the person identified as the official representa- tive of the Contractor to act in connection with the Contract and to provide such additional information as may be required. ' 2) It will comply with the provision of the Hatch Act which limits the political activity of employees. 3) It 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 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 (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 instruction or worship (Section 703(s)). 6) Appropriate standards for health and safety in work and training situations will be maintained (Section 703 (5)) . 7) Persons employed in public service jobs under this Contract shall be paid wages which shall not be lower than whichever is the highest of (a) the mini:a~,ua wage which would be applicable to the employer u.-~der the Fair Labor Standards Act of 1938, if Section 5 (a) (1) of such title applies to the participant and if he were not exempt under Section 13 thereo°, (b) the State of local minimum wage for the most nearly com- parable covered employment, or (c) the prevailing rates of pay for persons employed in similar public occupa- tions by the same employer (Section 208(a) (2). -16- ~~~~~~~ - ~_.__ _~ - --~ ~~ 8) It will comply with Title VI of the Civil Rights Act of 1974, Title VIII of the Civil Rights Act of 1968, and Executive Orders 11246 and 11063, and Section 3 of the Housing and Urban Development Act of 1908, as amended end 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 Grant-ir.-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." 7.2 ANTI-RICRBAR 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 VIII 8.1 TERMINATION CLAUSE The City, by giving written notice specifying the effective date, may terminate this Contract in whole or in part 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 with the approved Work Program and attached conditions, the Policies and Procedures Manual for Community Based Organizations, and such directive as may become generally 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 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/oz projects and that upon demand of the City any and all accumulations thereon, shall be delivered to City and become the sole property of the City. -17- .. •- 83-939 ~~ 8.2 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 availabili- ty of the funds. 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 da~-.e of termination, which in no event shall exceed the amount allocated for administrative costs under the Agreement. ARTICLE SIGNATORIES IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their names by their duly au- thorized officers and the corporate seals t~~ be affixed fiereto; all as of the day and year first above written. WITNESS our hands and seals on this ~ day of , 1983. ATTEST: RASPS G. ONGIE, CITY CLERK ATTEST: SECRET?,RY APPROVED AS TO FORM RND CORRECTNESS CITY OF MIAMI, a municipal Corporation of the State of Florida BY HOWARD V. GASY, CITY N'ANAGER BY PRESIDENT JOSE R. GARCIA-PEDROSA, CITY ATTORNEY -18- ~3-934~ --•__.~_ '~ CORPORATE RESOLUTION WHEREAS desires to enter into an agreement with the City of Miami; and WHEREAS,~the Board of Directors at a duly held corpo- rate meeting has considered the matter in accordance with t.'~e By-Laws of the corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that the president and secretary are hereby authorized and instructed to enter into a contract in the name and on behalf of this corporation with the City of Miami upon the terms contained in the proposed contract to which this resolution is attached. DATED this day of 198 . CHAIRPERSON OF TFiE BOe~.RD OF DIRECTORS SECRETARY ,,,. CITY OF MIAMI FLORIDA INTER-OFFICE MEMORANDUM TO Honorable Mayor and Members ~" September 2, 1983 ~"E of the Citv Commission ' • `--="Recommendation to fund ~~ ~ ~ the Miami t?esian Plaza ~%~~T/, ~~~~~j~ :.. _. Merchants Association Jose R. Garcia-Pedrosa Item No. H1 commission City Attorney agenda, 9/7 /A3 Pursuant to the attached memorandum dated September 1, 1983 from the Director of the Department of Economic Development, we have prepared the attached resolution to be substituted in place of a resolution which has been previously distributed in the Packet. The City Clerk is receiving the original of the substitute resolution. JGP/rfc/mm cc: Howard V. Garv with attachments City Manaoer 'Ralph G. Ongie with attachments // City Clerk 83-334 CITY OF MIAMI. FLORIDA TC Jose A. Garcia-Pedrosa City Attorney INTER-OFFICE MEMORANDUM r r. ~~~ ~,~ Fa~.~~ Charl otte Gad 1 ogly Director Department of Economic Development °4'E September I, 1983 °I~E S~B.E~- RECOMMENDATION TO FUND THE MIAMI DESIGN PLAZA MERCHANTS ASSOCIATION 4EFEFE'`"ES September 7th Commission Meeting Agenda nC ~ --~ r'~ ~ This memorandum is to inform you that in reference to the September~'th •-.a agenda item recommending that the Miami Design Plaza Merchants Association (MDPMA) be funded for an amount not to exceed 548,000, the completed :' Work Program (in a Management by Objective format) and line item budget ' has yet to be furnished by the Association. .~ _~ It should be understood that this contract will not be executed until the MDPMA provides us with the aforementioned documents. Furthermore, in all cases, these documents will have to be in substantial conformance with the terms and conditions set forth in the attached memorandum that was sent to the City Manager. Due to the fact that these merchants will need these funds as soon as possible in order to meet some of the objectives that have been discussed, I must place this item on the September 7th agenda. Asa result, I would like to request that your department modify the original resolution to reflect the circumstances that I have outlined in this memorandum. If you require additional information, please do not hesitate to contact me. CG/AR/es Attachment 83-934