HomeMy WebLinkAboutR-83-0757s
3-83-685
8/26/83/rr
.� M83-571
7/18,183
RES01_IIT ION NO. 83-75 7-
A RESOLUTION A0111ORI/IN10 THE CITY MANAGER
TO EXECUTE A CON IPAC I1 5U11J1:1'T 10 1 H E
CITY ATTORNF'Y'S APPROVAL AS TO FORM AND
CORRFCTNESS, WIIII THE ALLAPATTAH
MFRCHANTS ASSOCIATION NFIGHRORIIOOD
ECONOMIC DEVELOPMENT ORGANI ZAT ION FOR THE
AMOUNT OF $37, 750 TO CON TINIJE
IMPLEMENTING A NEIGHRORHOOD ECONOMIC
DEVELOPMENT PROGRAM, WITH FUNDS THEREFOR
ALLOCATED FROM NINTH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS.
WHEREAS, the City Commission is committed to economic
development and the expansion of trade and commerce; and
WHEREAS, the promotion of economic revitalization in the
neighborhoods of the City of Miami is an important part. of
the r.ity's economir. development strategy; and
WHEREAS, at the July 18, 1983 City Commission meetinq,
the Allapat.tah Merchants' Association requested $50,000 For
the purpose of continuinq its economic development program in
the Allapattah area; and
WHEREAS, the City Commission passed Motion 83-571, on
July 18, 1983, which requested the City Manager to find the
dollars requested by the Allapattah Merchants' Association
and report back to it with the source For such funds;
WHEREAS, the Directors of the Departments of Economic
Development and Community Development determined that funds
in the amount of $37,750 are available from Ninth Year
Community Development Mock Grant funds; and
WHEREAS, the recommended amount of $37,750 is the exact
same amount allocated to all other community based
organizations which are presently having their contracts
renewed for the ninth year;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
CITY COIv MISSIUN
MEETING OF
SEP 7 1983
Ff:+i,tu110f� l,o. 83— 15 7
IiE;I�'I;KS
Section 1. The C i t v Mana(ler is herehy authorized to
execute a r.nntract, subjer1 t.o the C i t v Attorney's apprnvat
as to form and r.orrectnes!3, with the AIIapattnh Merchants'
Assoriat. ion For the purpose of cont init ing the implement at, ion
of a neighborhood econoinir. development program in the
AIIapattah area with Funds therefor in the amount of $37,750
herehy aIlor_ated Frain Ninth Year Community Development Block
Grant Funds.
PASSED AND ADOPTED this 7th day of September , 1983.
AT TEST :
_(5-1 Q
CIT CLERK
PREPARED AND APPROVED BY:
ROBERT F. CLARK
DEPUTY CITY ATTORNEY
Maurice A. Terre
MAURICE A. FERRE
M A Y O R
APPROVED AS TO FORM AND CORRECTNESS:
GARCIA-PEDROSA
TY ATTORNEY
-1-
CITY OF MI11;•:I
ECONOMIC DEVELONNIENT CONTRACT
T
FOR CW4IUNITY BASED OIZGANI! i! rJ :::
11
s
M-11L, VLORFDA
o by and bn twee: i Llie
of the ;Late of Plorida,
rid Allapattah Merchants'
-rAssociation
a corporate body
of the la ;s of the
hava.n -;.ts prin--
FL 3_i142.
^ncli nq June 30, 1984.
ni.t}► nev(!lopment
Grant
Iy��rc-
,CtOr
re-
,
r.
r AIITICT-13' I
l=1 CahEraCt ProvlJtons
l
A�zcr�� It
Cehetal Obligations
i
2.1 • City Author. izat:ior! 2
2.2 Obligation of Cori tractor 2
2.3 Compliance With Federal, State and
Local Laws 3
2.4 Contract Modification 3
ARTICLL III
3.1 Work Program and Line item Budget :i
ARTICLE IV
Conditions of Payment
4.1
Budget Summary and Justification
3
4.2
Methcd of payment
3 '
4.3
Reimbursement -Timely Submission
a
4.4
Salaries, Fringe Benefits, Job Descriptions
4
4.5
Financial Accountability
5
4.6
Retention of Records
5
4.7
Bonding and Insurance
5
�4.8
Subcontracts
6
4.9
Reports, Audits, and Evaluations
7
ARTICLE V
General Conditions
5.1
Project- Publicity
g
5.2
Equal Opportunity
a
5.3
Conflict of Interest
t;
5.4
Indemnification
g
5.5
Level of Service
g
5.6
Purchasing and Inventory
10
5.7
Disclosure of Funds
11
5.8
Final Expenditure :Report
11
5.9
ownership of Documents
�1
5.10
Award of Agreement
:.2
5.11
Non-Delegability
12
5.12
Construction of Agreement
12
ARTICLE VI
Compensation Method
6.1
Maximum Compensation
13
6.2
Generating of Revenues
13
6.3
Time of Performance
13
6.4
Obligation to Re -New
13
6.5
Recapture of Funds
13
ARTICLE VII
General Assurance and certifications
7.1 Contractor Assurances and Certifications 14
7.2 Anti. -Kickback. Provision 15
ARTICLt; VTI1
Terrrinati.on C lal! ne 15
Nigootor es a.G
83"15 i
1'.00140f-11C iili��i Lr3I`C;I�idT C C)T;'J'Ri�C"t'
THIS AGRrXIPT,NTO entered lnLo by and bc!Lwec:r, Lhe
City o.i. Miami, a political stibdi.vision of Lllc state of rlori.cla,
hereinafter referred to as the "City{", and` Allapatt�ah Merchants.
~As'sociation
hereinafter referred to as the "CoriL-ractor", a corporate body
fully organized and existing and by virtue of the ia:;s of the
State of rlorida as a non-profit corporation, hay.i.n,l ;.ts prin-
cipal office at 1400 N.W. 36th
for the period beginning September 12, 1.983 and endi n(,I June 30, 1984.
Funding Source::
Duvcloi i ent
Black Grant
In consideration of l:hc: covenants and ac;, c_ mcn,'-s+ 1)ero-
inafter set forth, the parties hereto agree:
ARTICLE I
As a necessary part of this Agreement, the Coatractor
agrees to provide the City with the following standard require-
ments.
1.1 CONTRACT.PROVISXONS
1. Copy of Contractor's Articles of Incorporation, Charter
and By-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 their titles, who will...._
carry out this program.
g. Copy of Contractor's current Fidelity 13ond (appucini)ie
for all persona who are atit:horized to rccc va altd dis-
burse funds under this; contract) .
5: reJtapl.t:t::iott of I���t.l►or.cc� T:c��,J:r.st•ttt:.zt��vc' �:E:%1Lr,,r_nt tact
City).
r. ttttni��rt t: ct C 11r:cr,t�:l i'_ l Ilcf �; ;��c i �jrt
G . Comp l LJon cat Stilt(-
sut�pliCid k�;�' t11C: rc-IL-y)
= CPAle::tex �rerf_yi.tly t:ltc CCJrtLracl:c�r':�
Acr_cn�nt- ir_g Sys--
tetn or. J::urren� hndit.
ltcport (10hi.cl-, t:^'t:7. CUn-
t
xaCtar's ankf:�rna* on -rU:.t ; as F-��ert2�1�4� to JC Lcrnrrr
trc orga:ji�at .ort's assets) •
�. rinal tXpendliturcS tel> _ »
after contract pires)
9. t9oxk Progr
am anct Line-it:ct;t S:uc'Eijet (su!)3 et to appra�%�zl ?,y the
Department of Economic-- Dc.ve
3.0. Pro:ic of WOrk"'an's Cc;c,�,ensaLion Instir�zr.cc'.
13..
Contract{�r's C'orpo. Sea? (1:-o I)e a ii-.ecl .-0 Sic,c�2ttox�* Pz! e)
an ' r. Ci
12. Corporate Personnel rolxc1c::. .
13, Corporate Resolution authorizing execution of. this Contract.
ARTICLE 11
GENERAL OBLIGAT:CONIS
2.1 CITY AUTHORIZATION
'For the purpose of this contract the City o Miami Dapartnea` of
rcol'amzc Development will, act in behalf of the City in tr €isca;
J.
coi:t.roa., programmatic monitoring and modification O� this CO:.;r2,C:.
2.2 OBLIGATION OF CONTRNC:TOR
The Contractor agBees to carry out the project as prescrib-a3 in
attached Wor% Program in a lawful, satisfacL•ory, and proper
r.:nnner. in accordance ioith the written policies and Procedures,,
and requirements as prescribed in titis Agreement, as set forth b-e
the United States Secretary of Treasury, and the City of Niand,
Departments of Cut^uutni.ty Dave lopmcatt- and Ecoao:aic Development,
all. other state and local l,awu aild in accordattcc: with Lhe ri.:;7tj-'e— -=
ine:nts described in ttt;; Y)aparl.mc:nt of Ecunvc;tic 1a4��'eto�+Tyrt• s
t►t. ..�.� ..• 1.7 ,:lt�ii t. .-•+i.� ��.a'.�.:tl� l� �.,• _ � � 1r.� 1
which j•:: att:+-tc-Ijerl t:o ana tna ae p,-1rt Uf Mi.* c o;tti-act.
. cc��St�t, C,�`i` 1: ti:r:., r:►t2�;r�c:., :;•� �c•�•r AHID,t�cr.r,
Uts�.h jv+.tt t; ies Shall C:olli ly c: a t:h all
r
ait�l Inc -al. Cjov rnrl1 :'-A: ; _ :i�)E'C J.A-7-
gilt'. t:Ci2ti:r�Zr.iC).t: F!cJ.: C`f?:i 'LO CclNi C)1)' Lr,l (%l f_t:r TjC)tl:; irt�j -%ar:d Cu;�%:i:t1 tt
flct ,c-n%-1-9/4) rtrtc_I 1_917, ;;��•r.'_:i.��ct 1 Os �,ri ; it _:iE•rt_-; i.�ic_
Circler :1.124it and 3.106:1;,str.cl with _,�r.;_; an I of U.iic: lltori_, ncj anal
• Urban bC!VL._ o;��acrlL- AC:i �CIi-.'19G3
The City or
Con'Cractor
u;tay, troirt titac! to tllrt_ r
reCjU_•nt
in the t•;ork
Pxouranl to
b^ filer. orrc cX Acre -Under..
Such c�taa2 ems.,,
ncluain; an nc7-ease
ar decrease' in t:h ! a::oc:n;. of Co_;4raC"03:
cor►tpensaLi.on, v.hi-ch are mutuG2ly ayrec3 u ora •b„E and ?:-�•�_creY �'-�
City and the Contx:actor,naush b=� ariGorpoi:�:L=�cx i.re c.ritinrs fo
this Agreement and must be executed by the City and Lhe ConL-rvc--
for and are subject to the provisions contitined in the t'o].i.c .es a�
Procedures Manual for Community based
- ARTICLE III
-i
3.1 11ORN PROGRAM ANID LINE ITEM BUDGET
A description of: the Contractor's t:ork Prograin Specifications
is attached and incorporated hereto and made pi-trt of this Ag:ree:.ten t
ARTICLE IV
CONDITIONS OF PAYMENT
4.1. BUDGET SUI4MhRY AND JUSTIFICATION
The total Contractor budget summary and justification att`c}ted
hereto, is hereby incorporated and made part of this Agreement.
4.2 METHOD OF PAYMENT
All payments, unless otherwise stipulated,. shall be rci'rburse."eTVL
for expenditures incurred only during the contract period, and in;
compliance with a previously approved line itein budget. such
reimbursement requosts 511a l continin a statewc-ri: declaring and
uffi.ruling that all disbursewenL5 urare ware in EtCi:���.0 .1i�C� %?itll
n 3
- - 83-75
I !
the approved blidcfr.l..
4
A.I.1 cZ<u.uu►�:: i Lat:i C)ri i it :;tipi, c)r L cif :; iv: let
1:ec111est: and all invoice, slic>!tticl havr. P;r•i-d l)y tht-
Contractor v .1.oi: to All roi.t;rbur�;(:irrcntu rn�t,:t I);_ -
in lino it-ct;t, form and he .-hl accord w.i. h llic contract. ILI1
expenditures mast be vei:ifAcd 1>y Original, .irrvOi.cc. In c<.';e
that an invoice is paid by various fundinct :ours(�s, u coa.y
of the invoice may be submitted but tnust indl.cate the. exact
amount paid by
various funding so :es Cgnaling the
total of the
invoice. All
petty cash accounts
Must be just:i.fied
with grope.
documentation.
Request for budget
line -item, changes
are alloy:*able,
with prior review and approval by the birecLor of the Department' of
Economic Development. Requests for advance payments shall be submittee
including the amount requested and a justification_, in writing to the
Department of Economic Development for rr_view and approval.
4.3 RHI BURSEZAENT - TIVIT.LY SUBMISSION
Requests for payment shall be made on a monthly basis.
Reimbursement requests shall be submitted on the fou: LIt (r t:li)
working day of each month. ReimbursemcnL- requests fox expnti-
ditures incurred during the life of this Contract shall not be
honored unless received by the City within forty-five (45) days
following the expiration date.
4.4 SALARIES, FRIDGE BENEFITS, JOB DESCRIPTIONS
To be eligible fbr 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 pro-
cedures, paid holidays, computation of wages, job description
to includo qua]. i. fica Lions for job, an affirmative actio;t Phan,
an equal employment oppor. tuni t:y sLatOntant, di::ciplinzry pro--
c n-duress attcl method, format: for and frc-cluency of employcc:
-4-
S3-757
C cZ�11i�t:1Uns. The 1)nr.ic?I1J1o. r)0li.C::lel ; t.C) %)C? f.U].1r1tI�•:� 1,!!IG!'1"
tt►ifi C`.0)1L1:i1cL :;lli'll l)a t}t0:sc in t.ht-
Ordinary coot -se, of :i LS 1)u:� inc_;;;, T) -uv:i di liq, hcw,, ver. , ;Uct►
Policies conform to tapeUI' L-110 Ittf:ct:�f-t✓c rts�:�-ttt•s.1.
Personnel Act of 1970 (Public ),.'ea 91.--G;f3 e!LCr'cL.;.vc :Ia,�►., ry
50. 19`11) .
4-5
r�CCOUi�f�ILX x�'
. At any 't .MC or 't li;!GS prior '.-.o final u_Tc e2y :his co
tract, t'r_e City riay i►ave the Contractor`s financial record
auditecl. • Each. payment t'rlereAC-of ore n' add sf:all bo su`Qjcc- to '--
reduction for zmiau_nts ir_cluc'!ed in the re1aLeu _z :_vo? ce or
voucher which are! :-round by the City I-ianauer; osl the bay;l -vim..
such audit, not to constitute allowable cos:_,. P.n3r ,t
may be Yeducea for payments, •or incrcasecl for uz_c ctraay:,;� Zc .
on preceding invoices or . ^►Touchers or to rek ay an2t
ContraGkGr a greeS ' - re -cc-An all i lI a'aclal reccezC:S
do -XLM- ?I2't5 statistical records G11Ci all other AlrCCOt,
to this contract, for a period of three years- �'P..3._;�otrr;i; 1 Q�
period starts frol;► the date of the sua:�iissi o:� of the final
e: penaitur�-. report_ P.ecoYds for non --expendable Dropeny.
acquired? 'with Funds under the Con`ra.c`r shall be xetainecl far
a period of three years after its final disposition_ Said:
records shall be retained beyond the three year period if t';
audit findings have slot been resolved-
0
4-7 BM -MI \G MID XNSURA10E
During the term of this Agreement the Contractor shall. r►aintairz
,insurance and bonding coverages acceptable to tho City, Prior
to commencing any acti.v.iLy under this Agrei!n::nt, t:hc% Co!j,-rlitol-
shall furnish to the City ce t ificate . of intut ance anet bonding
i,►�i i.L::►�: n�� rl�c►t_ t;l.c; L:c:�:l r t .:t:�..��c :.�s i it
signs, of thip article.
The Contract -or shall provide t:he followIrv; covcr.aUe5:
il) Itirm- once covoragc that: rr_'ElccU; notind �i�f:lli<•'15 �1Zar�i�tCr•u
ncccpLabic to tli(..'. City.
b) Pidel.ity boncliiig for _gill persons Itaridl.ing funrh; r6cci.vc d or
disbursed under thi:; ilgreemetit in an amount: c;tltla?. to or tjreat::r
than the maximum amount: of cash hold at any one tiiit"_ $1.0,000..
4.8 SUBCONTRACTS
Contractor agrees to'give adv-ZU ce noti :icai.io?cr in l:r; ti. g
to the City or any subcontract.. NZone of ::ne•ser--
i
vices including, but not li.t iiced m .�
to,, con--ixZt�.zL �•o, . or t
services, covered by •L-hi.s contract shall ba srbc:ontrc:: te.z
t:ithout prior jvxi`ten ,appo oval of Line City_ �lr_y earl; or
services subcontracted hereunder ' shall be sub jec:t. ; o cacti
proviyion of this contract. Proper documentation in ac-
cordance with the Departinen . of Economic p I?'L. c rc?
C3. ty gu .defines rius i:. be submitted to and approved by iiie
City prior to the execution of any subcoatrac`. .4
Whe City xeserves the right to. revietu all. bite do=mmat-s
both with the private %on--Profi'L• Contractor, and oti:er e:t-
ti.ties, and, to review and audit books and records
related to the bidding prccass _
The advance notification process shall include the fo3.lo:�•iZgc
a) :identification of the subcontractor and services to be PrQIdd
b) The proposed subcontract pric.:! together with Z co:►►.,atete izng
accurate breakdown of that price on a component by component
basis.
c) XCIOnti-ricaLion of the type- or +1A-VOIlLract to be us;a-j„
Cl) StUR[tar.y of izct jc)jjt; t:itiIC'n to sal(--C:t: the ✓ttj.IC�7Rt t ;tt:CS)r�
4.9 ttUc ers, AtyOITS, AND Uillit' ATIONS
The City shall coop--ra Lc �r.. t:lr l.11e C:c�r� l:r4��: `.r�r. �. r� r�r� cuc►c��:c` o c
act:iv LiC:s CILilevate d tinder Lhi t:c►rct z ��c:L �;�: f:c�:,.:.- r:-.`,tl �•.�r;t; �;, _•�
and «-: dencribcd in the. Pol'�.ct c_;
Z. I'res:._.t
nit+- based Organizat: ons.' i'cie
Cont:racLor
agree:5. t-o
the City such repares as naY be xcquired,
i
The Contractor also agrees to prepare and retain and herriut the
City to inspect 3r it deems necessary for c. r_ant paxposez;
that may be relevant to I?eaeral, State or local di_rectiva�,
ContX�lcC"-oX :Till transMul `i.0 a"'.he Ci'GV, intr].G�.r�g, ?tJ:�'t'.
repor`s regarcl?ngj currenu aciivity a -Lcl prog?'---ss WE t E--
CcnL-ractor's c`1Gtiv7.t:l.es in the format- pie scat -c`Cl b, :O1c- Ci�y_
At ;thc request- , of the Ckty, Contrac:Lo?_ 1•:111_ o Zhc
rarr-
.'Citystat-e„nt_of: contt
specified issues relating to Coatracto, 's
Vne .Contractor further agrees that the City i tay carry Guz-
r►�onitoring and evaluation aetivi tics to inc? tc?c:
S.mun, visits and observations by •thu Ci ty stuff C ; a ; l�
effectively ensure the coop erata.on of the Coz`x�:ctor'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 i:,onitori.nq and
evaluation will be thoroughly reviewed by the Citr. Any e; s-
crepancies, incomplete or inadequate infornatio:i either receiv-ec
on a monthly basis or through monitoring and evaluatioi, ccil
give the City just and legal cause to terminate this agree eat
at any time thereafter.
-7r
83-7a 1'
•
C;isNI;lZ11t CONDIT:LOt ,
'The Contractor Inu�;t ab:idc: hY
Lhct r�vO'j��U1t2 G•:T. E22'.:!: t o
hearetinaer., of the scrviccs
to be of�crecl by vtilz%:'_ry' arrr
c'ZVcZliable means for c�.C�JC�i.15:'iil�ILl=r at. 71CCe-':;r tY forre—
cruitment and ou►.:reach.
Al xxtera4ure, advertising, pull iciicir ox prutc,ot?
garcling the Contractors activities ,ill be sus _ii;tncZ. .
to : he City' for rrv? eta anci appro-raLl prior to the releases
.or c'ii stribution. - P:o pres_> conference will be scheduled
v ithout prior.writtexi notice to the City
5.2 EQUAL OPPORTUNITY
The contractor agrees tttat there C•l ll 'sew no
ation against any employee or persan served on accouz`
of race, color, see:, religious creed, ancestry, nationzl origi•
or physical handicap in its performance of this contract; and iC
is e>Tressly understood that upon, the receipt of etri.der.ce
of such discrimination, the City shall have he ri.cht to
`exninate 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 tho sn?ne nor own
or acquire any personal interest in any proporty, contract
or proposed contract which %';ould conflict, with or relate
to the: performaae, their duties or responsibili ties un ier t};i.s
contract. If any stich proi:auts pro enti.y or in the future acl:aire
own- or wont- •'nls tiny sulch Share', hoai`(.11:i �►' � ••w :r�"»i 1Rl'`-L'l':=::�
t;ll sltt�ll tnt:►teci �tt:elm d.i.:;c1o�e ::uch intt�rost. to the �'i t=• 6zticl
4
(oilier appropriate agmicie .)
���i�Jt1 tl �ici ci�`1�i 1.ti:a l4 ~�� �� '' � �:.�' :.• 1:r�.:�irl is .t ��itt� ��� .I jt:�+.; �� ��i�
0-put-Lon a.f :.;cas:i, 1)a tloip,tt.loll i:: contr4j:y to 01(.1 '11Ut )Ii.c into eat
8 -75 r
'Alo contt:actur wllf co.r:l;'Ly t� . ► _ _ , .._....�: _ ...___
cr.0 interest lal and t equii-crnr llU It
s= 4 INI)M-MltVTCATTONI
The Contractor t1nC vrst:i+.nds and tilitt i.t :1..; an ir1►l,�:ji'-il:Ir n
Cc,Itiractor and acjrers to i ndcign.ify and s..lve thr. City
from and acjainsL any and all C tFt1i(t:i, I l.abilit t.,'.:1,
C'nuses of acLion, whicil linty ar.i 'C olit: of t}tC
activities under this contract, inclucliric, all citlic:r acts or.
omissions Lo act on thu parL of Uie c ons111.tEinL or any of the m,
including any person acLi.nq for or on his. or. -heir behalf and,
from and against any orders, Judgments or dvcre s which nay
be entered and from and against all co t-s, .itt,o3:ney's fees,
expenses and liabilities incurred :in the defense of any such
claims, or in the investic-ation there.-3. in addition, the
contractor will hold
the
City
harinless and
%•:ill ii-lemnify the
City for funds which
the
City
is obligated
to refund tho
Federal government arising out of the conduct of activities
and adlninlstrntion of the Cori LracLor. In ew..C' sui.i is instil:ut.-d
in ort3er to ohta-Ln funds, from the C'J,ii!"clCiC,! fo w',-,;c;h ii;;_ :'_t:•
is obligated to refund fro.-1 the Fcdornl Vovc:i:n,:�nt, the Contrac-
tor agrces to pay any aOdit:ional fec which the Court: riiay adjuec e
reasonable as attorney's fees. i
5.5 7,EVE7. or SERVICE
it is expected that funds are provided to insure quality
service to City residents. Should start-up ti��:? 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 detail:
and indication when service will begin and/or continue.
it is understood and agreed that the level of services,
activities and expenditures by the Contractor, in exis- .
.• M
tence 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 uti e.laLed to the pro-
visions or. purpo ,es horc in stated. It .i u fur thor tinder --
stood and eagroad that the progri-Im fundod throat, h this: Con-
t. itcl. t: i .1.:1 11o4 3.1:s.t] i. in t.i:C:
workers, i.rnpa X contracts for s('•!.-'lce:; or re;;tijt in
t.ttr� ::tl?a t- i.t.n1 icln Or Fund ,11.10C: t o-'J lindor 110" Co,1t : tcC t;i
7_
83—'75 s"
�l� ilf`X
i.l1t1C1'
t tl
t'+7tltiI-_!(,
.t C►it 1J.1 Oat
t1Ut' C t'r�ilC It t!C►L13 6 ha—,fr: 1:r:(,;-t
t)erfot11tE.d
e-voll
ill Ule
c1b:.:C•Ilco
of tlli.!s Con 1,r;tL:t'.
(' is I`o1.-l.'� to (
I.J. �i1.;p 1,1C�i c`1I1C� t;`Cjti:lt7:;t=nl: la U=C: L!Ciri'.7' �tt-� :J:lt_I[a;:i:
at Lhe lowest PrctcIJ.cal cost- and :;}tall solicit threw (3) bidi; for
the
purchase
of Cal.) LcIl
� gitil),:~cr_t. `l'l1G tl;t:cc
(3)
bi.cls shalj- acco~: j:1r
all
request;
for payment.
C:ortt ractor ac3rc:es
to
the pro cu-ett ent .
of sources available to it to the extent: e:pjaicabi e to an re eral ,
State, atld heal. lat•:s. All non -expendable property acquired for
the program cJi..t•h City Xvncls-wi.:l.l xeverE to then Ci.t;t' a*- --h *
ena OE the City's und:i�ir of the Progrx-a- I:c)ir--e::.-tE)a*-,r-lz:b%
9 %
prop`ri:y bejji y 1pxop`rt i..e=s which ta3.11. not. or
•,- shall bsz ri:`;L7� �.::t_'o? e t.o
;Cole y.r�e�zt.:i.�c.�>_ � .��ie C.azL-z�Zctaz
the C3:ty I or any Oai tiv-Sje or CSC::;-1 r ctt--lo:t i.o !;a rl i. ter
and Shlj�zCity
.L`
SO
b L
SUCcl^:�,C
uzz.Ces�
%,2'
(:?.1y or :L tS C?11Jl0yeG'a Shall }le'?V`
GUUat :d thE-.
Gil:t::l.�...
=l'i?vim
Con tiracoY' Shall t.S ���1 �.`.i7 and 2(lc�lni.2l_►►.:! C
troX -ys-em and shall bye respoiisible :For raaint.�Lini.nr a
current inventory on all capital i.tents purciiase-i
Cii: Funds_ xt should rya clearly unCer: tooci that al.l
capital r3xperncL•.tures over $50 _ 00 `an us1: be approvalcl by the
City prior to purcha: e_ 7t shouts also be unu{=rs�.00d tnw�
all items purchaseer remain the property DE •L-ha City and
should be znventoieled .-As such. This 1-1 11. irtal7a2e Zi,S`_
ing on a property record by descript:i.o:r, x:�.oclel, serf a
nu*,berr, date of Acgtuusition and cost_ Suctt properly-
shal,l.be xnventoriel Einnually, and an inv'cnx-caxr rebo�
subnittea to the City. The contractor shall pee-m^t des—
iVnatea C4ty scat'f access to :It.e pre inI •at;
is Xeplf, for the: purpose of por. Lor:zing in.v-natory r„o.a.
firing functions- The Crintrczc�c,; STIZzI]. W4. ciist:pose u.� real
Cjr 1'Jr•?: �l�Ilil �il:i1 %1=i'; )tiLl".1lit�at:Cj L� i.i'.�i �':.t'<< �l►.I:it:_'s Lil;'�lL: .. �
=10catlorl il. Hoot: VIC! 'wr2-':tell ��;�LIItL,•-:1.h'
�L 0
�r
`1'11 : and Cr}:,z,.iy will, Olt
3--,t-Al,.idv pI: o •. c:;i.n c)!_ S-I c, L.iuii 1-13--73 of r. Ci t:y
Minarit:l
94ir. +r'us�Frar,�s�:. t { . I" ''li. OC c•t1--i C ►"i: l !-�
Lit tlt� 1)t ):.11 t':S.li. f)f if": ��J.-7L!Z�
G011.,'t1:l7C.tl
• .t)17 t).i
'
ifl<ll;c' it [Jb:�l.t 1Vl' C:i.rC1J't: 1-o tit i l i ,c! L:t:`11
oxJt t.:a� o::ttett of !;gjp'PJ.i.c: S:ls►' ..:r.-r.!_c►�-"r
imcl p.LoviC ci! t:11t:L;C: U!!J"C�� �11�= ifti�:_! i1t:►r: ,'C i,t`;l_}l!.� G ^�s�i:t:Ci?_i j
s to 'thy.:,
colt
rtcrloza:tth:t: 01: ;,.._ ac, L-hct sa�::•i.i.,t._:: c_�C.c_rc� ..��..._ .)7-e,.
theso. s:i ail. busine3s i2r1C7 I;1j?icna"7.1_1 ocmccx ,�)LI_:1 C:L SUt:t;C�1
shall lac J.oca-tct:l S.n o
clan �tl
i)�►
res� cZen 4s o C
'citY Cv ►::!'1-_ .
S_t;► baurclop:nent 1arret
Area
(s)
Cicsion?ted by
t--e (_;_tx
L
o a.rl Gxc�4 L�? i C�:i?. Cat
f
epk rovea by the U. S_ Dcp�zztl�tezt o I:ousinc; and Ueo�l.
,D--velopment-
5.7 DISMOSUItE OF FUNDS
d
The 'contractor shall disclose all. sources (Fubli.c and P:.iv-al-c. .
and amounts of funds r_ eflee ti mi i:ho total budget u e-ther L-hoy
be real or in -hind at the co-,t. �ncetrertt of the con::rJtc:t per: lo;i,
as well as any changes in the amount of funds through p.rograr,.
income or other sources received during the term o" agreement,
Within thirty (30) clays of such change. Exa^7ples of in -hind
funds to include free rent, labor, office equipment, etc.
5.8 FINAL r..XPENDITURE IIEPORT
A final budgetary report including audited financial state-
ments shall be submitted to the City within thirty (30)
days after the expiration 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 pur-
suant to this Contract Should be listed by name, title,
• Social Security numbc-.r, date hired or Laminated, et:linic
background, and total salary reflecting both City azid
other funding sources,
c; rJ C31,71- rRSHTP Or, I)OMMEMI'S
All writing$, diagram: , tracing, charts, and scltetiti'tes dovelopoa
by cnit tractor undor tlt.i 7%groometlt:, -atall ba to t3*e
C�i l•`/ l,)y s -i irl Ccm t• '-" (: t:or t.tpun c•,-%.,1i)1 #!tloci of t.ho► tvo i;'0C and _ " �si�tal]'
t.
bt:oome the prc�ix:.rty of tho C:il-y, witho re.3- c:t.ic,n or ].3.r:ezf:a-
tioll of thcir use. Cont.rac:t_or. acycer•!; t:.hat: all c7uc:uta•: rtt ;, records
anihzntd ; -�xea01
relat:i.ons1ii}-) 1)c!L rc(:!n tat:- elty an(I Contractor !;)i: ] ,;ubjc►r.t to
�111 provir,j.otl3 Of thr: Pli?J1.:1:: �;EC.�IC , 7+a'vJ�i, C'liopl-'--r 119, I'1t,xida
Statutes.
xt 15 further xinderstorjl a}' -nd bctv.een the parties that any
information, writings, snap:;, contrac:l.. docum+�-nt.:s, reports or any
other matter whatsoever which is given by the City to the
Contractor pursuant to this Agreement shall at all tine's .reimain
the property of the City and shall not be us. —d by the Contra:,tor
for any other purposes whatsoever without the written consent of
the City.
5
5.10 AI•TARD OI-' AGREEMENT
The Contractors warrant: that tl-tey have not e;wploycd or retained
any company or persons to solicit or :;ecuro this Lgrce;-.ient an,-,
that they have not offered to puy, raid o_ arjceec: to pay E.tt_•
person or company any fee, commission, }3cYc:cn'.:ac;+ , 11_ro%r.r.:-1r--
fee, or gifts of any kind contincuent upon or resulting fro ;: the
award of making this Agreement.
The Contractors are aware of the conflict of interest: law-- of
the City of Miami (Miami City Code Chapter 2 , Article V) , Dado
County, Florida (Dade County Code, Section 2-11.1) and the
Florida Statutes, and agree that they.Srill fully comply in
all respects with the terms of said laws.
5.11 NON- DELL GA131LlTY
It is understood and agreed that: the ohlirations undertake;l
by the Contractor pursuant to this Agra: a%z nt shall not be
delegated to any other person or fi_rna unless the City shall.
first consent in writing to the porfontiance of such services
or any part thoreof by anoLhe.r, jxarson or firm.
5.12 CONSTRUCTION OF AGREEMENT
The parties hL1:oLo agreC. t:llstt t:ttis shall. k)� cons tru-od.
iinel enforced accor(li ng to UIL: IaV'S, :it.:tt.1.: t"• fall:? C,1;'.0 l-1 7S 0r
the Stitl:t' of P.Io : ida.
� .1?`.::t -4L V t
G.:� %;1`1?C:t:i•'.Ut•1 CC?�il•t',�'�.�?1'1':f.C?;
'Me C:onLi.-ac:tor acttrcc - to ��rc:%'t�L tts ; u) 1 E�Er.jfrr nf" for
iv.s lolint se rvice:: in it rnanncr ;;Fit.LtO tf:r,
i .
City, the act lial. amount - of t�;tdcteL'c�c1, eli.'3 i.blf! an City
r
C?:pCllCl-l.tLlrC5 and by tat':
purposc of CM ryittg ouL. ttw hc.- tturkk-r uurinr3 thC:
period of this Agreonlcnt. It is exprc!:"-31y undcrst:oo{1 and
agreed tl;aL in no evont., n( all the Lo'--al and/or
reitabursement to be paid he-rcttnder excreted the muxitaur^ sun
of $ 37,750
GI:i ERATING OF REVENUES
6.2 Contractors are requ i.rc-td to generate funnds, in the aivotint of
$12,250 by January l► 1984 from approved revenue, gcnc--rat-ing
projects. Funds generated by grants (federal., state and local)
will not, considered to be generated rc%renucs. In the evert
that a Contractor fails to cjoncraW t hQ abovcs ri-�n t. onc!cl
amount. by January 1, 1"984, this contrcrct w-53.1. b�: terrli lay (--d anal
all outstanding unencurrLbe:recl and unu ne monieL; :•r. 11 b
returned to the City.
TINE OF PERFOP44ANCE
6.3 This Contract shall become effective upon execution, and' tha
services of the Contractor are to commence on September 12, 1983
and terminated on June 30, 1984.
OBLIGATION TO RE --NEW
6.4 Upon termination of this Agreement, the Contractor agrees
and understand that: the City ha , no oblicjaLion to re --new
this Contract.
N.ECAPTURE OF TUNAS
6.5 The City shall reserve the right to recanLurc funds when
the contractor fails to comply with tho terriw of the
ayreemaist: or refuses to accept coticl tion.,; icapo5;:!d by the
City at the direction of the U.S. tte�, t tra-tilt- of itous. ng
- 3-• 83w-75 7
. ARTICLE' VET
7.1 `IHE CONTRACTOR ASSUREE, AOD THAT:
` 1) it possesses legal -autawr•ity to clitcr i.nLa this Con-
tract; 7 resolution, viotion, or similar action has,
)peen duly adopted or passed as an otfi ci al Pict of the.
Contractor's governing body, authorizing the execution
of the Contract, including all understandings' and
Etssurances contained herein, and -directing and authori-
zing the person identified as the official representa- .
tive of the contractor to act in connection with the
i
Contract and to provide such additional inforimation as
may be required.
2) It will comply with the provisions of tire Hatch Act
which limits the political activity of crrplu ees.
3) It will comply with the requirement: thak no Ljro r;jm
under this Contract shall involve political activi-
ties (Section 710).
4) It will establish safeguards to prohibit empl.oyces i'runt
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 (S`ctioit
702 (s)) .
5) Participants or cmPloyees in the progrc;ri 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 rellgioun i.nst••u4tion
or worship (Section 703(s)).
6) Appropriate standard,--, for Ile.-Ilt.tl a&-ict s:Artj-&— in e:orfi
and tr.-zining Eattiat_ion.,; ui7.). ba ima»ttt--aillee. (:J;.`.it1:!
703 00 ) .
�14--
S3-75 l
01)
41) Persons; enip.loyecl in public F.ervicc lo!)!, tincl,-r Lh! E;
Contract: shall tic! pal(j wacjes %-rhi.ch nhall riot- bc: lo-a er
than whi.chevor Is of (a) the Ini.illi url 1.V.,0jL
which wotild be aj p1--*, c i11;)1cs Lo thr, c:raplol,,(:r trcc-�
Fair Labor Standards Act. of 1938, if r, (a)
(1) of such title applies; Lo the parti.cipanf: anF: if
lie were
not exempL under SecLion
13
thorcor-,
(L)
t}le
State of
local IrtLnimtira wage for
the
cno:;t Itc,.trly
cor:,-
parable covored employment, or (c) the prevailing rates
of pay for persons cimployed in similar r.•abl.ic occupatidz�
big► the same er,:ployer (Section 208 (a) (2) .
8) Xt will comply with Title VI of the Civil Rights Act of
3.974, Title VIII of the Civil Rights Act of 1968, and
Executive Orders 11246 and 11063, and Section 3 of the
Housing and Urban Dovelopment Act of 19G8, P.s amendcd
and incorporated hel-ein by reference.
9) It will comply with the regulations and rc:;t1ir_e; eats of
the Office of r.anagernent and Budget Circular A-102,
"Uniform Administration Requirements for Grant -in -Aid to
State and Local Governments" and federal Management. Circula
74-4, "Principles.for Determinig Costs Applicable to
Grants and Contracts with State and Local Governments."
7.2' ANTI -KICKBACK PROVISION'
The Contractor will comply with the Anti-Itickbach Act,
. Title 18, USC:Section 874, and provisions of the Federal
.Labor Standards, Title 29.
ARTICLE VIII
TERMINATION CLAUSE
8.1 The City, by giving written notice specifying the etfecti
date, may terminett e this Contract in whole or in part: Tor
cause which ahall include; (1) riAlure, for any roason,
of. the Contractor to full-111 in it Littit:ly itnd proper inan;i:.
It:i C1tlt.idfatioli:i ttna--'r t.}�i:i �'.tlni:t',t.^.t:, tili'1l�:1);`,� t'L:;i:�+ ;•,��
w3. th the Ftppt-ow� cY 110. k f'rr)cfrain and att: ic:lic%c ,and tons,
83-75
*1}
the: Poli.c.i_ns and 1.'rocc e1urc_:; Manual for C'oimmin i
Ztion3.t and stick direct-Avc its ?nay becowo cjr:rtr:rally : ppl ir.oac,
at any tilue, (2) scit,mi ^:; ic;n by the C.orit:taut.or to ihC• City, 6
ireporLs that are incorrect or i.nccwip.1c:Le in i:ny natr2:'ri%,7
anc? (4) failure to generate the requirel ruvenw_
an specified by paragraph G.2 of this ayreerzetzi;. Purther,
it is mutually agreed that the Conn-racL•or shall iririiecliatcly,
upon demand by the City, cease and t erminatc any an:'-, a?.1 acti—
vities including but not limited to dive ,tine itself and any
subsidiary (s) of specific assets and/or project; and that
upon demand of the City any and all accumulatio-ns thereon,
shall be delivered to City and become the soli propel-Ly of
the City. t
8.2 All the obligations under this Agreement shall be contingent -
upon the availability of Federal funds and in thc: event t:haL
:those .funds are wiLhdrat•;n or reduced, this F►cJt-c ,,•�n`. s1�a�.1 :�c
modified so as to reflect the changes in thc' avai lit'rbility oL
the funds. In the event that the Agreement must bu terrUriate
due to the unavailability of Federal funds, the Cont-.rnc;t:or
shall be entitled only to recover the actual amount of
administrative costs incurred up to the date ot: termination,
which in no event shall exceed the amount allocated for ad-
ministrative costs under the Agreement:.
AR`!'ICLE I'X
SIGNATORIES
IN WITNESS ;HEREOF, the parties hereto have cc�usec: this
Agreement to be executed
in
their names by
their duly
authorized. officers arO
tl-e
cor orate snal.n
to bit
affixed hereto, all as of the day and year first abovz
written.
,�1G_
83-757*1
W:C'!`NE'Ss our hiUlds ilncl sca l n; on th i. r, _ _ tl�i:� of
1903.
ATTEST:
RALPH G. ONGIEp CITY CLERK
f
ATTEST:
SECRETARY
APPROVED AS TO FOMI AND CORRECTNESS
JOSS: It. GARC1A-P>a1)120SA, CITY ATTORNEY
CITY OP 1,11J-, f, a l:�reioi.f�:
corporation of At --flu State )f
F'lori(I a
BY
NO:;A RD V . G Ry t CC ff_ ,` Et' ` _AGER
BY _
Pi?ESIL,�1�7.'
1Ae
frY OF !NiA411t•. FLORIDA
INTER -OFFICE MEMORANDUM
Howard 'v . Gar*. DATE Auaust 15, 1983 C,LE
City Manager
su9;EC- Agreement iVith Allapattah
.Merchants Association
Charlotte Gallogly -
Director _ September 7th Commission
Department of Economic REFERENCES p
Development Meetinc Acenda
ENCLOSURES
"It is recommended that the City Commis-
sion approve the attached resolution
authorizing the City Manager to enter
into a contract agreement with the Alla-
pattah Merchants Association (AMA) for
the purpose of continuing their current
neighborhood economic development prog.rarr
in their respective area."
On July 18, 1983, the Allapattah Merchants Association (AMA) appeared
before the City Commission requesting $50,000 for the purpose of
continuing an economic development program within the Allapattah
business corridors. At that time, the City Commission directed the
City Manager to find the dollars to support a contract with this
organization and to report back to the Commission.
After having met with the Director of the Department of Community
Development, I have determined that funds, in the amount of $37,750,
are available from the Community Development 9th year budget which
can be used to fund a contract with the Allapattah Merchants Asso-
ciation. The recommended amount of $37,750 is the exact same amount
allocated to all other Community Based Organizations (CBOs) which
are presently having their contracts renewed for the 9th year.
It should be noted that during this Commission meeting, the Depart-
ment of Economic Development (DED) recommended against the funding
of this organization for the 9th year. This was based principally
on the following reasons: (See Attachment I for a memorandum on
this subject)
1) The AMA had requested a $50,000 administrative grant and
a $130,000 seed capital grant for a project that entailed
the construction of an office and retail space complex,
a shopping mall, and an open-air bazaar adjacent to the
Allapattah rapid transit station at the intersection of
N.W. 36th Street and N.W. 12th Avenue. The realization
of this project would be dependent, to a significant
degree on the AMA's receiving a grant of approximately
83-757
Howard V. Carv_
Paae 2
$1.2 million from the urban Mass Transit Administration
(UMTA). Since this proposal had not as yet ever been
submitted to the UMTA, the DED felt it would be prema-
ture to respond to a funding request for a project that
still is in its preliminary stages.
2) The DED also recognized the fact that the AaIA had been
awarded a $100,000 grant from the State of Florida. As
a result, we felt that they could employ these funds
for the administration of their program. In addition,
the AMA would be once again eligible to apply to the
State once the grant period expired in September, 1983.
3) The City had already selected the Allapattah Business
Development Authority (ABDA) as the community -based
organization that would implement an economic development
program in all of Allapattah. The DED felt that there
was no need to fund an additional agency in the area.
Furthermore, even though we do recognize some of the organization's
accomplishments during the past year (See Attachment II), some
of our other experiences revealed that the PINTA did not adhere to
its contract requirements on a consistent basis. This is supported
by the following facts:
1) In an evaluation of all the CBOs conducted by the DED on
January 28, 1983, the MIA received only 48 out of a
possible 100 points as far as their performance was
concerned (See Attachment III). This rendered them
second lowest among the eight (8) contractors that were
reviewed. The main problems discovered with the organi-
zation were that they did not raise the required $6,250
in generated revenues and in general, did not manage an
aggressive business development program.
2) Due to the AMA experiencing a delay in receiving its State
grant, Allapattah utilized our 8th year contract funds
to off -set their budgetary shortfall. As a result, the
DED was forced to terminate the contract even though the
contract period would not have expired until June 30, 1983.
upon review of the close-out activities of the A4A's 8th
year contract, DED's analysis of payments under this
agreement indicated that the AMA invoiced the City of
Miami for $9,973.00 in excess of amounts payable under
the contract. Even though DED requested that the AMA
reimburse these monies by April 8, 1983, the City did
not receive actual payment until May 19, 1983.
83-75` ,
Howard V. Gary
Page 3
Finally, it should be noted that the DED did recognize the concerted
efforts of the AMA Board of Directors in reorganizing the staff of
this organization and restructuring its economic development
objectives. In addition, in the month of May, the Board 'Members
of the AMA, realizing the importance of adhering to contractual
obligations, personally contributed the $6,250 that was required
by the contract.
Since we will have two CBOs operating in the Allapattah business
district, I recommend that the AMA be responsible for assisting
businesses which are located north of N.W. 20th Street. The
primary business corridor to be served will be along N.W. 36th
Street from N.W. 12th Avenue to 22nd Avenue.
The Allapattah Merchants Association will be responsible for meeting
the following objectives:
1) Organize one or more merchant associations within each neighbor-
hood area and conduct monthly meetings.
2) Develop a business crime prevention program for the businesses
within their neighborhoods, by business districts.
3) Identify and implement projects that will be directed toward
earning revenues so that the organization can become self-
sufficient within a three-year period. The organization is
required to raise $12,250 by January 1, 1984.
4. Publish a business -oriented newsletter on a quarterly basis.
5. Conduct a monthly inventory of commercial and office space
and report this information to the Department of Economic
Development by no later than the loth working day of each
month.
6. Conduct monthly meetings of the corporation's Board of Direc-
tors.
7. Identify the major economic development projects to be under-
taken within each neighborhood area.
it is therefore recommended that the City Commission adopt the
attached resolution which would allow the City to enter into a
contractual agreement with the Allapattah Merchants Association
to implement a neighborhood economic development program in the
designated area.
CG/AR/ju
Attachments
83-757
I.
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
AWL
ATTACHMENT I
Howard V. Gary DATE July 15, 1983 TILE
City Manager SUBJECT Evaluation of Funding Proposal
Submitted by the Allapattah
/►� Merchants Association
`aaM Charlotte Gallogly / Q REFERENCES
Director 1/`.•�/I
Department of Economic ENCLOSURES
Development
Background
'Pursuant to your directive, we have analyzed the Allapattah Merchants
Association's (AMA) proposal for the commercial development of the
area adjacent to the Allapattah rapid transit station at the inter-
section of N.W. 36th Street and N.W. 12th Avenue. They are requesting
a $50,000 administrative grant and a $130,000 seed capital grant for
a project that entails the construction of an office and retail space
complex, a shopping mall, and an open-air bazaar.
.I
Analysis
We have analyzed this proposal in terms of the following issues:
1) To date, this proposal has not been formally submitted to the
Urban Mass Transit Administration (UMTA). It is currently being
reviewed by the Dade County Transportation Administration (DCTA)
and,will then have to be formally approved by the Dade County
Commission.. Once this occurs, the proposal will then be offi-
cially submitted to UMTA. if it is approved by UMTA, a grant
for the development of the area around this rapid transit sta-
tion will be awarded to the City. It will then be incumbent
upon the City to decide the manner in which this grant will be
administered.
2) The funding amount to be received from UMTA for this project is
anticipated to be approximately $1.2 million dollars. The
proposal indicates that these funds will be used for land ac-
quisition costs. However, once the land is acquired, substan-
tial capital will be required for the construction of the pro-
posed project.
3) The AMA has received a $100,000 grant from the State of Florida
for the purpose of implementing an economic development program
in Allapattah. This grant was awarded on October 1, 1982 and
will expire on September 30, 1983. The AMA will then be able
to reapply for this grant for the purpose of continuing their
economic development activities in the area.
4) As to the funding of an economic development program in the
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Allapattah community, the City has selected the Allapattah
Business Development Authouri,-% (ABDA) as the community based
organization to implement such a program. The ABDA will be
responsible for all economic development activities in the
Allapattah area.
Recommendation
We recommend that at this time, no funding decision be made in
regards to this proposal. In consulting with the City's Planning
Department, it appears that this proposal is very preliminary in
nature since no major decisions have yet been made by either Dade
County or UMTA. While we recognize the AMA's continued efforts in
this project, we feel that it would be presumptuous on the City's
behalf to respond affirmatively to a funding request for a project
that is still in the preliminary stage.
As for administrative support for the AMA, they will be able to
once again apply for State funding for the 1983-84 Fiscal Year.
At the same time, the City has selected the ABDA to implement its
economic development program in the entire Allapattah area.
CG/ar
83 0
ATTACHMENT II
A11aipcltt1111
* Assisted in the cre',01;.ion of 250 cr„p�o,r.�ent
opportunities for n-_ighborilcod residei-ts.
* Assisted in the esta!)1ishment of nine (9) ne::i local busi-esOhs.
* Conducted annual: business survey of bu��.nc-soc's in thy% a:: --a: a"Long
N.W. 3Gth street between Nj 4 . 7th and 261L-h av :nues.
* Established a residential/business crime watch program.
* Provided substantial input in the economic drrrelopmont: of a
severely blighted and deteriorated community.
* Lobbied and applied for approximately ;l.2 million for business
expansion/physical improverient projects.
* Initiated and assisted in the market feasibility study conducted
by the Chesapeake Group, Inc. This study was conducted 'Co
determine the feasibility of developing a shopping center around
the rapid transit station.
* Agc-.-essively lobbied the House Appropriations Sub --Comm' ':tee to,
receive a grant and implement the proposed development of the
rapid transit station.
-1-
ATTACH14ENT III
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
to Howard V. Gary OArE January 28, 1983 FILE
City Manager
sUBJE-- Evaluation of Contracts with
Neighborhood Economic
Development Corporations
FROM, Charlotte Gallogly, Directo REFE -ENC S.
Department of Economic Developme t
ENCLOSURES Two ( 2 ) -
Pursuant to your and Commissioner Dawkins' 'request, I have evaluated
the performance of the eight (8) corporations which are currently
under contract with the City of Miami to establish and manage economic
development programs within their respective neighborhood business
: districts. A listing of the corporations under contract and their
performance score based on a rating system with a best possible rating
score of 100 points are provided below:
Contractor Numerical Score
Little River Chamber of Commerce 100
Downtown Miami Business Association 92
Martin Luther King Economic Development Corporation 92
SBOC Little iiavana. 84
Overtown'Economic Development Corporation, Inc. 78
Wynwood Community Economic Development, Inc. 54
Allapattah Merchants Association 48
Coconut Grove Local Development Corporation, Inc. 46 _.._
This memorandum will provide you with background information on the
City's prior years experience with these contractors, the contract
requirements in effect for the 8th year program, an evaluation of
the contractor's performance during the first six months of FY 82-83,
and lastly, my recommendations regarding contract continuation with
the contractors that have not performed at an acceptable level.
BACKGROUND
At the same time the Urban Development Services, Inc. assisted the
City to establish Miami Capital Development Corporation, it also
provided the City with several reports on the capacity and perform-
ance of the economic development corporations. These reports indicate
that UDS believed that "the funding of these neighborhood organizations
for general and administrative functions will not result in any sig-
nificant positive impact on the economic environment of the community."
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However, they did recomanend that strong contract compliance and
management oversight be provided in the event that the City intended
to achieve positive results through funding the neighborhood
organizations.
As you are aware, the City of Miami chose to enter into agreements
with these contractors beginning with the 6th year Community
Development program (7/1/80 - 6/30/81). These contracts were
renewed for the 7th year Community Development program (7/l/81 -
6/30/82) and again renewed for the 8th year program.
After reviewing the files for the 6th and 7th year contracts,,it is
very..apparent that the City did not mandate a strong work program
and budget or monitor the contractors. Therefore,'neither I or any-
one can analytically evaluate the performance of the contractors or
the benefit of these contracts to the City of Miami.
During these two years, the City conducted three separate fiscal
audits which questioned over $55,000 in expenditures. We presently
are working with the contractors to resolve the audit costs so that
we will minimize the amount that the corporations have to reimburse
the City. It should be noted that the Internal Audit Department
indicated in these audits that the Department of Trade and Commerce
did not provide any direction to these contractors in terms of
policies and procedures or monitor their performance.
.
Additionally, the U.S'. Department of HUD has repeatedly cited the
City for the poor performance of the contractors and failure of
the City to establish fiscal controls.
8th Year Contract Requirements (7/l/82 - 6/30/83)
As you will recall, one of your priorities and mandates to me as I
assumed the position of Director of the Department of Trade and
Commerce in February 1982, was to provide a balance between inter-
national development and local economic development. Therefore, my
efforts were concentrated during the Spring of 1982 in working with
the contractors to develop strong management by objective work
programs for the upcoming 8th year, to establish a CBO Policies and
Procedures Manual and a Program Directive.System and to formulate
narrated budgets to assure that the problems of the past were not
repeated during the 8th year and to direct contractor efforts in
a positive fashion.
In April 1982, I forwarded to all prospective contractors list of
contract requirements for the upcoming year (see attached). It is
important to review nine (9) of the most critical requirements
(management by objectives) that the contractors had to implement
during the 8th year, since our evaluation of the contractors is
based on their performance against requirements. The requirements
in place for FY 82-83 are listed below:
1, Conduct an annual business survey during the months of
July and August 1982 utilizing a standarized questionnaire
provided by the Department of Trade and Commerce.
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Page 3
2. Organize one or more merchant associations within each
neighborhood area and conduct the first meeting by July
30, 1982 and thereafter on a rlonthly basis.
3. Develop a business crime prevention program for the
businesses that reside within each neighborhood by
business district, by no later than August 31, 1982.
Specifically, contractors should develop business crime
watch programs for each of the business areas within the
neighborhoods.
4. Identify and implement the projects that will be directed
towards earning revenues for each contractor so that the
Community Based Organizations can become self-sufficient
within a three-year period.
5. Publish a business -oriented newsletter on a quarterly
basis.
6. Conduct a monthly inventory of commercial and office space
and report this information to the Department of Trade
and Commerce utilizing a standarized reporting format by
no later than the loth working day following the end of
each month. The first month's inventory update will be
due September .14, 1982..
.,
7. Conduct monthly.mdetings of the corporation's Board of
Directors.
8. Refr.'four..neighborhood businesses a month, who are seeking
financial --assistance, to Miami Capital Development, Inc.
9. Identify the major economic development projects to be
undertaken for each neighborhood area.
Upon receipt of the contract instructions, the CBOs submitted
management by objectives which addressed each and every one of
these contract requirements. ' With the beginning of the 8th contract
year, each contractor was required to implement the MBOs, adhere to
the CBO Policies and Procedures Manual (see attached) and establish
a strong financial system. In ad ition to the establishment of a
strong contract compliance system, we also advised each contractor
that they would be monitored on a monthly basis for both program-
matic and fiscal contract compliance. This occurred to assure that
contractors were in compliance and to prevent, early on in the
contract year, the problems that were apparent in the City's prior
audits of three corporations in which they questioned over $55,000
in costs.
In addition to establishing a series of contract requirements, it
is important to point out that this Department implemented the
Department of Community Development requirement that funding to
these contractors which had previously been at $50,000 a year
would be reduced with the beginning of the 8th year, Specifically,
the change in the policy was that over a three year -period (8th,
9th, and loth CD years) the City would withdraw its support from
83 -757
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Page 4
$50,000 to $43,750 (a 25% reduction for the 8th year) from $43,750
to $37,750 (a 50% reduction for the 9th year) and from $37,750
to $25,000 (a 75% reduction for the 10-th year). This requirement
was imposed to assure that the contractors became self-sufficient
over a three year period and to determine whether these contractors
were critical and viable economic development entities within their
respective business districts.
8TH YEAR EVALUATION
Based on the monitoring of these contractors during the first six
months of the contract year and through the development of a rating
system with a possible best score of 100 points, the performance
of the contractors during the first six months of the year is as
follows:
Contractor
Little River Chamber of Commerce
Downtown Miami Business Association
Martin Luther King Economic Development Corporation
SBOC Little Havana
Overtown Economic Development Corporation, Inc.
Wynwood Community Economic Development, Inc.
Allapattah Merchants:. Association
Coconut Grove Local Development Corporation, Inc.
Numerical Score
100
92
92
84
78
. 54
48
46
As you will note by the contractor's performance, three corporations
did not perform in an acceptable level during the first six months
of the contract year. My recommendations for these organizations
are provided below. . . . t
RECOMMENDATIONS FOR CONTRACT CONTINUATION
Wynwood Community Economic Development, Inc.
The Wynwood Community Economic Development, Inc did not comply with
the major contract requirements for the 8th year. Specifically,
the corporation did not establish a Merchants Association and conduct
monthly meetings of the association to assist the corporation in
establishing strong, aggressive work programs for the Wynwood business
district and they did not raise the required $6,250.
My recommendation for Wynwood is that the contract be discontinued
because of the corporation's failure to meet the above contract
requirements. In the event that you find my recommendation un-
acceptable, I would recommend that they be allowed to continue their
program until the City's funds are exhausted for the 8th year.
.
83-- i '00'
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Consideration of Wyn..;ood for a 9th
be dependent upon the Corporation's
its ability to raise an additional
Merchants Association prior to the
Allapattah Merchants Association
year contract by the City shall
raising the required $6,250 ,
$6,250 and incorporating a
9th year program.
Allapattah Merchants Association did not raise the required $6,250
and did not manage an aggressive business development program.
Because of the delay in this corporation's receiving its State grant,
Allapattah utilized our contract funds to off -set the shortfall,
and therefore, at this point in time all funds in the contract
($43,750) have been fully expended and I have advised the corporation
its contract has been terminated. The corporation's ability to go
forward into the 9th year should be dependent upon.the raising of
the required $60250, its ability to raise an additional $6,250, and
the design of a business development program prior to June 30, 1983.
It is important to note that this corporation may receive a $1.5
million grant from UMTA for neighborhood commercial development asso-
ciated with the Allapattah Rapid Transit Station.
Coconut Grove Local Development Corporation, Inc.
During the entire time that I have been with the City, we have been
working with the Coconut Grove Local Development Corporation to
resolve a host of problems related to audit and performance
concerns. One of our most important requirements was that a new
Board of Directors be formed and that qualified staff be hired.
Even though Coconut Grove did not meet many of the major requirements,
it did in the,last 30 days of the contract form a new Board of
Directors and raised.the required $6,250. The Board is currently
involved .in•evaluating and making recommendations to the City on
the Grand Avenue Plan which was prepared by the Planning Department
in conjunction with this department. Because of the fact that we
finally have a viable Board which has demonstrated the ability to
raise revenue and to take a leadership position in the development
of a business development program for Grand Avenue, I recommend
that we go forward with this contract with continued management
oversight for the remainder of the contract year.
CG/vp
Attachments
83"-75 1'