HomeMy WebLinkAboutR-81-0677fw,�-
RESOLUTION NO. 8 1` 677
A RESOLUTION AUTHORIZING THE CITY MANGAGER
TO EXECUTE AN AGREEMENT BETWEEN THE CITY
OF MIAMI AND MIAMI CAPITAL DEVELOPMENT,
INC., FOR THE PURPOSE OF PROVIDING MIAMI
CAPITAL DEVELOPMENT, INC. WITH PROFESSIONAL
SERVICES IN TERMS OF MARKETING ANALYSES
AND BUSINESS DEVELOPMENT TECHNICAL ASSISTANCE
TO AID IN THE IMPLEMENTATION OF MIAMI
CAPITAL DEVELOPMENT, INC.'S REVOLVING
LOAN FUND, IN AN AMOUNT NOT EXCEEDING
$100,000.
WHEREAS, Miami Capital Development, Inc. has received
the amount of $4.8 million from Economic Development Administration
to establish a Revolving Loan Fund; and
WHEREAS, Miami Capital Development, Inc. has further
received a grant of $200,000 from the Economic Development
Administration for the purpose of implementing marketing
analyses and business development technical assistance in
connection with the $4.8 million Revolving Loan Fund; and
WHEREAS, the City of Miami, through the Department
of Trade & Commerce Development, is desirous and has the
technical and professional expertise to provide such services
to Miami Capital Development, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION
OF THE CITY OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized
to execute an agreement between the City of Miami and Miami
Capital Development, Inc. for the purpose of providing Miami
Capital Development, Inc. with professional services in terms
of marketing analyses and business development technical
MEEt'iNG OF
JUL2 31981
81-67
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„it is recommended that the attached
Resolution be adopted for the purpose
of entering into an agreement with
Miami Capital Development, Inc. to
provide professional services in
connection with administering the
Revolving Loan Fund.”
Miami Capital Development, Inc. (MCDI) is responsible for
administering a Revolving Loan Fund in the amount of $4.8
million to aid minority -owned businesses in Dade County.
In addition, they have received a grant in the amount of
$200,000 from the Economic Development Administration (EDA)
for the purpose of providing marketing analyses and business
development technical assistance in connection with said
Revolving Loan Fund.
The Department of Trade & Commerce Development has proposed
to MCDI to provide them with part of the services needed to
administer such fund, specifically, marketing analyses and
business development technical assistance. This proposed
program has been cleared through the EDA and no problems
are foreseen in carrying out this project on behalf of MCDI.
The amount of the agreement, $100,000, is to be incorporated
into a Trust and Agency Account to be used for salaries and
wages and other incidental expenses in connection with this
project. r�
JAC/sl
, 3 TAtt�_ Cp CONTENTS
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a � t
TUUCT I0N
x :
Definitions ^
I.I Understandings F
Maximum Compensation/Method of payment
zV. Time of Performance
V: Amendments
Compliance with Federal,.state and Local haw:
J,I.. Equal Opportunity K
Report,
IX. .Conflict of Interest Y r,
„X. Opportunities for Saml1 and Minor ty Susine$
,XI. _Hold Harmless,Clause
XI I . =k
Termination
t ez r
1-4
III. Signatories
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AGREEMENT
The City of Miami and Miami Capital Development, Inc.
a non-profit corporation of the State of Florida (hereinafter
referred to as MCDI) entered into this Memorandum of Agreement
this day of , 1981, as a basis of understanding
for providing professional services in connection with required
functions under the Economic Development Administration's Revolving
Loan Fund Program administered by MCDI.
WITNESSETH, that the City of Miami has entered into an
agreement with MCDI to provide MCDI with professional :services
in connection with required functions under the Economic Development
Administration's Revolving Loan Fund Program administered by MCDI.
WHEREAS, Miami Capital Development, Inc. has received
the amount of $4.8 million from the Economic Development Adminis-
tration to establish a Revolving Loan Fund; and
WHEREAS, Miami Capital Development, Inc. has further
received a grant of $200,000 from the Economic Development Adminis-
tration for the purpose of implementing marketing analyses and
business development technical assistance in connection with the
$4.8 million Revolving Loan Fund; and
WHEREAS, the City of Miami, through the Department of
Trade & Commerce Development, is desirous and has the technical
and professional expertise to provide such services to Miami
Capital Development, Inc.; and
NOW, THEREFORE, the City of Miami and MCDI do mutually
agree as follows:
I. DEFINITIONS
CITY ------------------ --City of Miami
I4CDI-------------------- Miami Capital Development, Inc.
DTCD-------------------- Department of Trade & Commerce Development
81-f77
4 "00t
Ii. ONDERSTANDING5
:a
A. It is understood that through the execution of this
. Agreement MCDI contracts with the CITY for professional
services in connection with required functions under
<.1
the Economic Development Administration's Revolving Loan
Fund Program administered by MCDI.
B. The CITY agrees to conduct the professional services,
through the DTCD, in accordance with the attached proposal
(Exhibit A) hereby made part of this Agreement.
C. Audit and Records:
1. To maintain financial records and reports relating
to funds paid to any parties for work on the matters
which are subject to this Agreement and submit reports
to MCDI through the DTCD, as requested.
2. To maintain books, records, documents and other evidence
according to generally accepted accounting principles,
procedures and practices which sufficiently and properly
reflects all costs of any nature expended in the per-
formance of this Agreement.
3. The aforesaid records, books, documents and other
evidence shall be subject at all times to inspection,
review, or audit by MCDI personnel.
III. MAXIMUM COMPENSATION/METHOD OF PAYMENT
For the rights and benefits realized through this Agreement
MCDI will pay the CITY an amount not to exceed $100,000 for
the professional services rendered in connection with required
functions under the Economic Development Administration's Re-
volving Loan Fund Program and as delineated in the attached
proposal (Exhibit A). The above amount is to be paid to the
CITY upon complete execution of this Agreement and upon receipt
of an invoice in the aforesaid amount.
In the event the total amount is not expended for the purposes
of conducting the professional services, MCDI will be returned
all unused portions.
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TIME or Pt. 1�raRMAfi1C
♦ . .
,,..
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this Agreement will he
in effectfor a period of one (li
commencing on the
date of complete e�cecuti�n of this
year
'
Agreement.
t
V.
AMENDMENTS
t-=
MCDI may, at its discretion, amend this Agreement at any
time to conform with any contingencies which may require
such amendment. Amendments, if required, shall be incor-
porated in writing to this Agreement upon review, approval
and execution of the parties hereto.
"t!
VI. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
Ji
Both parties shall comply with all applicable laws, ordinances,
and codes of the federal, state and local governments.
VII. EQUAL OPPORTUNITY
The CITY agrees that there will be no discrimination against
_
any employee or person served on account of race, color, sex,
—
religious creed, ancestry, or national origin in its performance
of this Agreement; and it is expressly understood that upon
the receipt of evidence of such discrimination, MCDI shall have
1
the right to terminate this Agreement.
VIII. REPORT
The CITY, through the DTCD, will prepare and submit to MCDI
the following report:
{
The CITY agrees to submit to MCDI, through the DTCD, a final
'f
report within 45 days of the expiration of this Agreement,
detailing those expenditures defrayed by those funds received
under this Agreement.
81 -677
IX. CONFLICT OF INTEREST
No official or employee of the CITY may be admitted directly
or indirectly to any share or part of this contract or to
any benefits to arise from the same nor own or acquire any
personal interest in any property, contract or proposed con-
tract which would conflict with or relate to the performance,
their duties or responsibilities under this contract. If any
such person presently or in the future acquires, owns or
controls any such share, benefit, or personal interest, he
shall immediately disclose such interest to MCDI. Upon such
disclosure, such person shall discontinue his participation
if such participation is contrary to public interest. The
Contractor will comply with all federal, state and local
conflict of interest laws and rejuirements.
X. OPPORTUNITIES FOR SMALL AND MINORITY BUSINESSES
The CITY in the procurement of supplies, equipment, construc-
tion, or services to implement this project shall make a
positive effort to utilize small business and minority -owned
business sources of supplies and services, and provide these
sources the maximum feasible opportunity to compete for con-
tracts to be performed pursuant to this Memorandum of Agree-
ment.
XI. HOLD HARMLESS CLAUSE
The CITY agrees to defend, indemnify and save harmless
MCDI against any and all claims, suits, actions for damages or
costs of actions arising during the term of this Agreement, for
any personal injury, loss of life, or damage to property, sus-
tained by reasons or as a result of the CITY's agents, employees,
or workmen, carelessness or negligence, from and against any
orders, judgements or decrees which may be entered thereon; and
from and against all costs, attorney's fees, expenses and liabi-
lities incurred in the defense of any such claims, in the inves-
tigation. thereof.
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5
W TERMINATION
MCDI, by giving reasonable written notice specifying the
effective date, may terminate this Agreement in whole or in
part for cause which shall include any one of the following:
1) Failure, for any reason, of the CITY to fulfill in a timely
and proper manner its obligations under this program and con-
ditions and such directives as may become generally applicable
at any time; 2) submission by the CITY to MCDI of reports
that are incorrect of incomplete in any material respect; and
3) ineffective or improper use of funds provided under this
Agreement.
{III. SIGNATORIES
IN WIT14ESS WHEREOF, the City of Miami and Miami Capital
Development, Inc. have entered into this Agreement as of the
date first above written.
ATTEST:
RALPH G. ONGIE, CITY CLERK
ATTEST:
SECRETARY
CITY OF MIAMI, a municipal corporation
of the State of Florida
By:
HOWARD V. GARY, CITY MANAGER
MIAMI CAPITAL DEVELOPMENT, INC.
By:
W. R. ELLIS, PRESIDENT
(Seal)
PREPARED AND APPROVED BY:
JOHN J. COPELAN, JR.
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
GEORGE F. KNOX, JR., CITY ATTORNEY
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- s-,&� ipa rt of th
e services related to the Rev Lolft
Putid the City of Miami's Department of Trade commerce
Development, will provide marketing analysis and business
development technical assistance services to the Revolvin 9
k1
Loan Fund clients of Miami Capital Development, Inc.
AV
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The Department of Trade & Commerce Development (D.T.C.D.)
will provide the following categories of services
Business Development Technical Assistance
J-1
Harket Research and Analysis
As per the E.D.A. Technical Assistance Grant, the Miami Capital
A
Development, Inc. will utilize $100,000 for staff and related
costs to provide management analysis and counseling, and
operational analysis services to applicants for Revolving Loan
liami,
-
Fund loans. MCDI will subcontract with the city of I
through DTCD, for $100,000 to provide business development
technical assistance services, as well as, market research and
analysis services to R.L.F. program applicants. These two functions
J
undertaken by the city of Miami are delineated in the sections
04
below:
677
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