HomeMy WebLinkAboutR-83-0627J-0"3-b62%
RESOLUTION NO.��""Esa; a'
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
INDIVIDUAL CONTRACTUAL AGREEMENTS WITH NINE (9)
NEIGHBORHOOD ECONOMIC DEVELOPMENT ORGANIZATIONS, IN
SUBSTANTIALLY THE FORM ATTACHED HERETO, FOR THE AMOUNTS
SPECIFIED FOR EACH, TO CONTINUE IMPLEMENTING A NEIGH-
BORHOOD ECONOMIC DEVELOPMENT PROGRAM, WITH FUNDS
ALLOCATED THEREFOR FROM THE NINTH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT.
WHEREAS, the City Commission is committed to economic
development and the expansion of trade and commerce; and
WHEREAS, the promotion of economic revitalization in the
neighborhoods of the City of Miami is an important part of the City's
economic development strategy; and
WHEREAS, the City Commission is desirous of continuing the
neighborhood economic development program and funds are available
in the Ninth Year Community Development Block Grant for such a
purpose;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to
execute nine (9) individual contractual agreements, in substantially
the form attached hereto, with the following neighborhood develop-
ment agencies, for the amounts specified for each, for the purpose
of implementing a Neighborhood Economic Development Program, with
funds hereby allocated therefor from the Ninth Year Community
Development Block Grant:
CITY COMMISSION
MEETING OF
J U L 18 1983
I IU,% 14j. _R3-
REMARKS
CONTRACTOR
TARGET AREA
AMOUNT
1.
Wynwood Community Economic
Wynwood
$
37,750
Development, Inc.
2.
Downtown Miami Business
Downtown
$
37,750
Association, Inc.
3.
Allapattah Business Develop-
Allapattah
$
48,000
ment Authority, Inc.
4.
Little River Chamber of
Edison/Little
$
37,750
Commerece
River
5.
Small Business Opportunity
Little Havana
$
37,750
Center, Inc.
6.
Overtown Economic Develop-
Overtown
$
37,750
ment Corporation, Inc.
7.
Coconut Grove LDC, Inc.
Coconut Grove
$
37,750
8.
Little Havana Development
Little Havana
$
37,750
Authority, Inc.
9.
Martin Luther King Economic
Model City
$
37,750
Development Corp.
PASSED AND ADOPTED this 18th day of ,lulu , 1983.
Maurice A. Ferre
MAURICE A. FERRE, MAYOR
PH G. ONGIE
CITY CLERK
PREPARED AND
APPROVED BY:
41W4,1-tj
✓ I
ROBERT F. CLARK
DEPUTY CITY
ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
jr.04
1
JOVE R. GARCIA-PEDROSA
TY ATTORNEY
83-b271. .
•
•
CITY OF MIAMI
ECONOMIC DEVELOPMENT CONTRACT
FOR COMMUNITY BASED ORGANIZATIONS
83-62
TABLE OF CONTENTS
hl:?%�rrr T.- r
•
Page
1.1 Contract Provisions
ARTICLE II
General obligations
2.1 City Authorization
2.2 Obligation of Contractor
2.3 Compliance with Federal, State and
Local Laws
2.4 Contract Modification
ARTICLE III
3.1 Work Program and Line Item Budget
ARTICLE IV
Conditions of Payment
1
2
2
3
3
3
4.1
Budget Sumirary arf.d Justification 3
4.2
Method of Payment. 3
4.3
Reimbursement -Timely Submission 4
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
8
5.2
Equal Opportunity
8
5.3
Conflict of Interest
8
.5.4
Indemnification
9
5.5
Level of Service
9
5.6
Purchasing and Inventory
10
5.7
Disclosure of Funds
11
5.8
Final Expenditure Report
11
5.9
Ownership of Documents
_i
5.10
Award of Agreement
_2
5.11
Non-Delegability
12
5.12
Construction of Agreement
_2
ARTICLE VI
Compensation Method
6.1 Maximum Compensation
6.2 Generating of Revenues
6.3 Time of Performance
6.4 Obligation to Re -New
6.5 Recapture of Funds
ARTICLE VII
General Assurance and Certifications
7.1 Contractor Assurances and Certifications
7.2 Anti -Kickback Provision
ARTICLE VIII
Termination Clause
ARTICLE IX
Signatories
13
13
13
13
•13
14
15
15
16
83-62- 7 -
0 0
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 referred to as the "City", and
hereinafter referred to as the "Contractor", a corporate body
fully organized and existing and by virtue of the laws of the
State of Florida as a non-profit corporation, having its prin-
cipal office at
for the period beginning July 1, 1983, and ending June 30, 1984.
Funding Source:
Community Development
Block Grant
In consideration of the covenants and agreements here-
inafter set forth, the parties hereto agree:
ARTICLE I
As a necessary part of this Agreement, the Contractor
agrees to provide the City with the following standard require-
ments.
1.1 CONTRACT PROVISIONS
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.
4. Copy of Contractor's current Fidelity Bond (applicable
for all persons who are authorized to receive and dis-
burse funds under this contract).
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5. Completion of Authorized Representative Statr_!ntent (on
form supplied by the City).
G_ Completion of Statement of Accounting System (on force
supplied by the City).
7. CPA letter verifying the Contractor's Accounting Sys--
tem or current Audit Report (which verifies the Can -
tractor's internal controls as adequate to safeguard
the organization's assets).
8. Final Expenditures Report (to be submitted 30 days
after contract. expires) .
9. Work Program an6 Line -Item Budget (subject to approval by the
Department, of Economic Development).
10. Proof of Workman's Compensation Insurance.
11. Contractor's Corporate Seal (to be affixed to Signatory Page)_
12. Corporate Personnel Policies and Procedu-es_
ARTICLE II
GENERAL OBLIGATIONS
2.1 CITY AUTHORIZATION
For the purpose of this contract the City of btiat,i Department of
Econamic Development will act in behalf of the City in the fiscal
control, programmatic monitoring and modification of this Contract.
2.2 OBLIGATION OF CONTRACTOR '
The Contractor agi:ees to carry out the project as prescribed :inn
its attached Work Program in a lawful, satisfactory-, and proper
manner, in accordance with the written policies and procedures,
and requirements as prescribed in this Agreement, as set fortis by
the United States Secretary of Treasury, and the City of Miami
Departments of Community Development and Economic Development,
all other state and local laws and in accordance with the require
meets described in the Department of Economic Development's
Policies and Procedures Manual for Community _Based Organizations
..._.
which is attached to and made part of this contract.
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83-627:;.
Z_ 3 CC3"•lr'L.TrI` CE 1-1171 D1 [?11L, STJITE AND LOCA' SAWS
Both parties shall comply with all applicable l W n, ordinance,
and codes of Federal, State, and local governments. Specifically,
the Contractor agrees to comply With the Housing and Community
Development Acts of 1974 and 1977, Section 109 with. Executive
Order 1.12406 and 11063; and with Section 3 of the Housing and
Urban Development Act of 1963 (Section 570, 303)_
2.4- CO\TP-I%Ci MODIFICATION -
The City or Contractor nay, from time to time, request changes
in the fork Program to be performed hereunder. Such changes,
including an increase or decrease in the amount of Contractor
ccmpensa t i.on, which are mutually agreed upon by and between the
City and the Contractor, must be incorporated in w-
p iting to
this Agreement and rust be executed by the City and the Contrac-
tar and are subject to the provisions contained in the Policies and?
Procedures Manual for Community Based Organizations.
ARTICLE III
3.1 WORK PROGRAM AND LINE ITEM BUDGET
A description of the Contractor's Work Program Specifications
is attached and incorporated hereto and made part of this Agreement.
ARTICLE IV
CONDITIONS OF PAYMENT
4.1. BUDGET SUM14ARY AND JUSTIFICATION
The total Contractor budget summary and justification attached
hereto, is hereby incorporated and made part of this Agreement.
4.2 METHOD OF PAYMENT
All payments, unless otherwise stipulated, shall be reimbursement
for expenditures incurred only during the contract period, and. in
compliance with a previously approved line item budget. Such
reimbursement requests shall contain a statement declaring and
affirming that all disbursements were made in accordance with
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83--62` 1.
the approved budget. All documentation in support of such
request 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 contract. All
expenditures must be verified by original invoice. In case
that an invoice is paid by various funding sources, a copy
of the invoice may be submitted but must indicate the exact
amount paid by various funding sources equaling the total of the
invoice. All petty cash accounts must be justified with proper
documentation. Request for budget line -changes are allowable,
with prior review and approval by the City. Requests for advance
payments shall be submitted, including the amount requested and
a justification, in writing to the Department of Economic Deve-
lopment for review and approval.
4.3 REIMBURSEMENT - TIMELY SUBMISSION
Requests for payment shall be made on a monthly basis.
Reimbursement requests shall be submitted on the fourth (4th)
working day of each month. Reimbursement requests for expen-
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, 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 pro-
cedures, paid holidays, computation of wages, job description
to include qualifications for job, an affirmative action plan,
an equal employment opportunity statement, disciplinary pro-
cedures and method, format for and frequency of employee
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83-*627
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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 the 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, tine City may have the Contractor's financial records
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 underpayments,
on preceding invoices or vouchers or to repay any anouats.
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 years. The.xetention
period starts fron the date of the submission of the final
expenditure report_ Records for non -expendable property
acquired with funds under the Contract, shall be retained for
a period of three years after its final disposition_ Said
records shall be retained beyond the three year period if the
audit findings have no- been resolved-
4-7 BOA?DING P,?•:D' INSURANCE
During 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 provi-
sions of this article.
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83-62 o
The Contractor shall provide the following coverages:
a) Insurance coverage that reflects sound business practices
acceptable to the City.
b) Fidelity bonding for all persons handling 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 SUBCONTRACTS
Contract -or agrees to ' give advance notification, in orritingg
to the City of any subcontract_ None of the* work or ser-
vices, including, but not lire ited to, consultant trork or I
services, covered by this contract shall be stboontrac -ed
Without prior written approval of the City. Any croec or
services subcontracted hereunder shall be subject to each
provision of this contract. Proper documentation in ac-
cordance with the Department of Economic Developmer;
t and
City guidelines inust be submitted to and approved by the
City prior to the execution of any subcontract. .-
The City reserves the right to review alI. 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.
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4.9 REPORTS, AUDITS, AND EVALUATIONS
The City shall cooperate with the Contractor in the conduct of
activities delegated under this contract as reasonably requ sted
and as described in the Policies and Procedures :•:anual for Co:- •:-
nity Based Organizations. The Contractor agrees to submit to
the City such reports as may be required.
The Contractor also agrees to prepare and retain and perm -it the
City to .inspect as it deems necessary for grant purposes records
that may be relevant to Federal, State or local directives.
1
Contractor :.ill transr.tit to the City in
reports
Ft the request of the City, Contractor urill transmit to the
City written statements of contractor's official policy
on specified issues relating to Contractor's activities.
The Contractor further agrees that the City ray carry out
Monitoring and evaluation activities to include at a rair_-
izW,L-n, visits and observations by the City staff and i.•i i 1
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 Citv. ?any dis-
crepancies, 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 agreen;ent
at any time thereafter.
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83l-627
ARTICLE V
GENERAL 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 utilizing any
available means for advertisement, as necessary for re—
cruitment and outreach.
All literature, advertising, publicity or prornotioa.re—
garding the Contractor's activities will be submitted
to the City for review and approval prior to the release
,or distribution. No press conference Mill be scheduled
trithout prior written notice to the City_
5.2 EQUAL OPPORTUNITY
The contractor, agrees that there will be no discrimin-
ation against any employee or persora served on account
CA' 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 richt to
terminate 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 relate
to the performace, their duties or responsibilities under this
contract. If any such person presently or in the future acquires,
cjwns or controls any such share, benefit, or personal interest, he./
she shall immed1r.ately disclose such interest to the City and
(other appropriate a-,,%ncies).
� -S-
83-627
Upon such discl Sure, such person shall di*ntinue his/her parti-
cipation 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 INDEMNIFICATION
The Contractor understands and agrees that it is an independent
Contractor and agrees to indemnify and save the City harmless
from and against any and all claims, liabilities, losses and
causes of action, which may arise out of the Contractor's
activities under this contract, including 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 orders, judgments or decrees which may
be entered and from and against all costs, attorney's fees,
expenses and liabilities incurred in the defense of any such
claims, or in the investigation thereof. In addition, the
contractor will hold the City harmless and will indemnify the
City for funds which the City is obligated to refund the
Federal government arising out of the conduct of activities
and administration of the Contractor.
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 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-
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 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.
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83-62
5. 6 R19!NVb1.TVRY
The contractor agrees to use its best efforts to obtain
all supplics and equipment for use u.-1der this contract
at the lowest practical cost and shall solicit three (3) bids fc.r
the purchase of Capital Equipment. The three (3) bids shall accompany -
all requests for payment. Contractor agrees to 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 v7ith City Funds will revert to the City at the
end of the City' s funding of the Program— Non -expendable
property being properties which •rill not be consumed or
lose identity. 'The Contractor shall be responsible to
the City for any da-nage 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 con-
trol system and shall be responsible for maintaining a
current inventory on all capital items purchased wit:L
City Funds. It should be clearly understood that all
Capital Expenditures over $50.00 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 wild include list-
ing on a property record by description, model, serial
nuanber, date of acquisition and cost.. Such property
shall •be inventoried annually, and an inventory report
submitted to the City_ The contractor shall permit des-
ignated City staff access to the premises where property
is kept for the purpose of performing inventory monit-
cring functions. The Contractor shall not dispose of real
or Personal property purchased with City funds through sale,
loan or relocation without the written permission or
the City.
Thee Con*:r,aOtCr. ` in the procurement of -supplies, equip -.ant,
construction or service to implement this project, shall
make a positive effort to utilize small business and min-
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83-6 % ;
ori.t y oeaied blliil;C .s sources of supplies and services,,
and provide these sources Lhe maximuin feasible opportunity
to compete for contracts to be performed pursuant- to this
nemorandum of Agreement- To the narimum extent feasible,
these small business and minority owned business sources
shall be located in or ovined by residents of the Cornzun-
ity Development Target Area (s) designated by the City
of nia,imi in the Cofimun ity Dave? opment Graft- application
approved by the U. S. Department of Housing and Urban
Deve lop.«ent_
5.7 DISCLOSURE OF FUNDS
The contractor shall disclose all sources (Public and Private),
and amounts of funds reflecting the total budget whether they
be real or in -kind at the commencement of the contract period,
as well as any changes in the amount of funds through program
income or other sources received during the term of agreement,
within thirty (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 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 number, date hired or terminated, ethnic
background, 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 delivered to the
City by said Contractor upon completion of the work and shall
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I It
become the property of the City, without restriction or limita-
tion on their use. Contractor agrees that all documents, records
and reports maintained and generated pursuant to thic contractual
relationship between the City and Contractor shall be subject to
all provisions of the Public Records Laws, Chapter 119, Florida
Statutes.
It is further understood by and between the parties that any
information, writings, maps, contract documents, reports or any
other matter whatsoever which is given by the City to the
Contractor pursuant to this Agreement shall at all times remain
the property of the City and shall not be used by the Contractor
for any other purposes whatsoever without the written consent of
the City.
5.10 AWARD OF AGPEEMENT
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, commission, 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 the City shall
first consent in writing to the performance of such services
or any part thereof by another person or firm.
5.12 CONSTRUCTION OF AGREEMENT
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.
COMPENSATION METHOD
ARWCLL VI
l� ' 83-62 7.
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6.1 M.AXIMUM 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 $
GENERATING OF REVENUES
6.2 Contractors are required to generate funds in the amount of
$12,250 by January 1, 1984 from approved revenue generating
projects. Funds generated by grants (federal, state and local)
will not considered to be generated revenues. In the event
that a Contractor fails to generate the above mentioned
amount by January 1, 1984, this contract will be terminated and
all outstanding unencumbered and unused monies will be
returned to the City.
TIME OF PERFORMANCE
6.3 This Contract shall become effective upon execution, and the
services of the Contractor are to commence on July 1, 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 has no obligation to re -new
this Contract.
RECAPTURE OF FUNDS
6.5 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 at the direction of the U.S. Department of Housing
and Urban Development.
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ARTICLE VII
GENERAL ASSURANCES 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
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 provisions 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 activi-
ties (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)).
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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 minimum wage
which would be applicable to the employer under the
Fair Labor Standards Act of 1938, if Section 6 (a)
(1) of such title applies to the participant and if
he were not exempt under Section 13 thereof, (b) the
State of local minimum wage for the most nearly com-
parable covered employment, or (c) the prevailing rates
of pay for persons employed in similar public occupations
by the same employer (Section 208(a) (2).
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 1968, as amended
and incorporated herein by reference.
9) It will comply with the regulations and requirements of
the Office of Management and Budget Circular A-102,
"Uniform Administration Requirements for Grant -in -Aid to
State and Local Governments" and Federal Management Circular
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 -Kickback 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 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,
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the Policies and Procedures Manual for Community Based Organi
zations, and such directive as may become generally applicable
at any time, (2) submission by the Contractor to the City, bf
reports that are incorrect or incomplete in any material respect,
ane (4) failure to generate the required revenue
as specified by paragraph 6.2 of this agreement. Further,
it is mutually agreed that the Contractor shall immediately,
upon demand by the City,cease and terminate any and all acti-
vities including but not limited to divesting itself and any
subsidiary(s) of specific assets and/or projects and that
upon demand of the City any and all accumulations thereon,
shall be delivered to City and become the sole property of
the City.
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 availability 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 date of termination,
which in no event shall exceed the amount allocated for ad-
ministrative costs under the Agreement.
ARTICLE rX
S I-GNATORIES0
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed in their names by their duly
authorized officers and the corForate seals to be
affixed hereto, all as of the day and year first above
written.
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®3-6271 _
4
I
14ITNESS our hands and seals on this day of
1983.
ATTEST:
RALPH G. ONGIE, CITY CLERK
ATTEST:
SECRETARY
APPROVED AS TO FORM AND CORRECTNESS
CITY OF MIAMI, a municipal
corporation of the State of
Florida
BY
HOWARD V. GARY, CITY MANAGER
BY
PRESIDENT
JOSE R. GARCIA-PEDROSA, CITY ATTORNEY
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83-627
A 4
77 CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
ro. Howard V. Gary
City Manager
DATE: June 29, 1983 P+LE:
SUS.JECT, Agreement With Community
Charlotte GalloglBased Organizations
y r
FROM. Director �;"ILC�
W- E ERENCES:
Department of Eco omi.c July 18th, 1983 Commission
Development Meeting
g
"It is recommended that the attached
Resolution be presented to the City 1
Commission for the purpose of enter-
ing into an agreement, in substantially
the form attached hereto, with nine (9) N
Community Based Organizations to continue
Neighborhood Economic Development Pro- cn
� m
grams in their respective target areas."
The Community Based Organizations (CBOs) have been the City's
primary outreach vehicle to assist the different communities to
address their economic development problems. Six (6) of the CBOs
will be entering their fourth year of operation this July. One
of the CBOs, the Wynwood Community Economic Development, Inc.,
has been in business for less than two years. The Little Havana
Development Authority will be receiving funding under this program
for only the second consecutive year. Finally, the Allapattah
Business Development Authority (formerly known as the N.W. 20th
Street Merchants Association) is being recommended to replace the
Allapattah Merchants Association, Inc. as the contractor that will
represent the target area of Allapattah.
For the first time last year, the CBOs were monitored on a regular
basis by the City's Department of Economic Development (DED). The
contractors were required to submit measurable and realistic Work
Programs in a management -by -objectives (MBO) format and line -item
budgets that served as the primary monitoring tools of the DED.
All of the organizations, with the exception of the Little Havana
Development Authority, Inc. were required to meet nine major
objectives and also were expected to accomplish specific performance
objectives which addressed the specific economic problems experienced
by their respective communities. The Little Havana Development
Authority, Inc., was principally responsible for conducting the
"Carnaval Miami - Little Havana, USA".
The nine major objectives were as follows:
1. Conduct an annual business survey of the neighborhood business
-7y
83--627-
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Page 2
July 18th Agenda Item
communities during the months of July and August, 1982.
2. Organize one or more merchant associations within each neighbor-
hood area and conduct the first meeting by July 30, 1982 and
thereafter on a monthly basis.
3. Develop a business crime prevention program for the businesses
within their neighborhoods, by business district.
4. Identify and implement projects that will be directed toward
earning revenues so that each organization can become self-
sufficient within a three-year period. Each organization was
required to raise $6,250 by January 1, 1983.
S. 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 Economic
Development by no later than the loth working day of each
month.
7. Conduct monthly meetings of the corporation's Board of
Directors.
8. Refer four (4) neighborhood businesses a month, who are
seeking financial assistance, to Miami Capital Development,
Inc. (MCDI).
9. Identify the major economic development projects to be under-
taken within each neighborhood area.
This year, the CBOs will be required to meet all the above objectives
except for objectives numbers 1, 4, and 8. The economic and statisti-
cal data previously obtained through Objective No. 1 will now be
available through questions that will be incorporated into the
Occupational License Application that all new and existing businesses
are required to complete on a yearly basis. Objective No. 4 will
differ in that instead of having to raise $6,250, each CBO will
need to generate funds in the amount of $12,250 by January 1, 1984
from approved revenue generating projects. Finally, as to Objective
No. 81 MCDI is now planning to institute a focused economic develop-
ment strategy that will concentrate on providing financial assistance
to businesses located in key commercial corridors within each
neighborhood area. Thus, although MCDI will work very closely with
each of the CBOs in identifying businesses in each neighborhood
area that require financial assistance, the CBOs, at this time, will
not be required to refer a specific number of businesses per month
to MCDI.
83-62 r
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Page 3
July 18, 1983 Agenda Item
Of significant importance is the fact that the City will enter into
the second -year of the three-year funding reduction program that
was initiated this past year for all of the CEOs. This is addressed
in Objective No. 4 whereby each CBO will be required to raise
$12,250 by January 1, 1984. Since this reduction program is based
on the level of funding granted to the CBOs during the seventh year
contract period ($50,000), each CBO will be granted Ninth Year fund-
ing in the amount of $37,750 derived as follows:
7th Year Funding Amount $50,000
9th Year Generation of Funds
Requirement-$12,250
Total 9th Year Contract $37,750
This method of decreasing the organizations' level of funding will
continue until 1985 when hopefully, all the organizations will be
self-sufficient and will no longer depend on funding from the City
of Miami.
The organizations being recommended for funding and their respective
amounts are listed below. Please note that we are recommending
$48,000 for the Allapattah Business Development Authority, Inc. (for-
merly N.W. 20th Street Merchants Association) because this organiza-
tion is being recommended for the first time to represent the Allapattah
Neighborhood under this economic development program. The Allapattah
Business Development Authority, Inc. will still be required to meet
the revenue generating objective.
CONTRACTOR TARGET AREA AMOUNT
1. Wynwood Community Economic Wynwood $37,750
Development, Inc.
2. Downtown Miami Business Asso- Downtown $37,750
ciation, Inc.
3. Allapattah Business Develop- Allapattah $48,000
ment Authority, Inc.
4. Little River Chamber of Edison/Little $37,750
Commerce River
5. Small Business Opportunity Little Havana $37,750
Center, Inc.
6. Overtown Economic Development Overtown $37,750
Corporation, Inc.
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Page 4
July 18, 1983 Agenda Item
7. Coconut Grove Local Develop- Coconut Grove $37,750
ment Corporation
8. Little Havana Development Little Havana $37,750
Authority, Inc.
9. Martin Luther King Economic Model City $37,750
Development Corporation
In the past, the City Commission has expressed concern on whether
an economic development program should be established in the
Edison -Buena Vista area. At this time, we would recommend against
establishing such a program. Ile strongly feel that the Edison -
Buena Vista area can be serviced by two existing CBOs -- the
Haitian Task Force and the Little River Chamber of Commerce. In
addition, DED staff is available to assist area businesses with
their problems.
CG/AR/ju
Attachments
83--627,