Loading...
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 NOW++a ..................... t C iA 1. FYI 3 o � on Q s 4 ;� a r , won fan Mool nit r . t a t 9^c�K+t +r.� "'•` sir r�§�` +W" � k a ,� .•{ h r 3'.. � � � �w �'� a• i"�' y'#ti`C�ro r^ +"+-"`'��taM"3r,»i��� {� � as 4zO „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, $100,000, is to be incorporated into a Trust and Agency Account to be used for salaries and wages and other incidental expenses in connection with this project. r� JAC/sl , 3 TAtt�_ Cp CONTENTS WN a � t TUUCT I0N x : Definitions ^ I.I Understandings F Maximum Compensation/Method of payment zV. Time of Performance V: Amendments Compliance with Federal,.state and Local haw: J,I.. Equal Opportunity K Report, IX. .Conflict of Interest Y r, „X. Opportunities for Saml1 and Minor ty Susine$ ,XI. _Hold Harmless,Clause XI I . =k Termination t ez r 1-4 III. Signatories -..... - .. .. . , . _x. ,. •„ra ;�N;a' �.L,�*G?���'ttit�,!�r?.s� a.::,:"�f"4�'���'�'"�?,�a"�� .s'��rt :,. ,.< �., d; r S 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. } r: Y 1 2 l . i,. TIME or Pt. 1�raRMAfi1C ♦ . . ,,.. } 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. p +[ kl 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 -W, afs U1. !WN a - 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 ."JO 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 j �s ,�� • rf -g'i-: � �, w:, `"4!'1i,S � ,`` Z }_r'-}°` ,�, ez z` a t Y r � S j t' tTNti t� ''r - :N � :�'I�,-'�-:�I�-I,',,-"i:` ,',,1�,,-,,�,�":.,'ifr i, 3 y �'q� yy yc }� . a' a 4� F 'Fu W1lCa ,.L W�V.?GL i %t K ''n f,,�'k -Ar .a'%�: 3 1 =S .{. '.'. �, t gix r- 'kA'. G'a T is 2r $�y r, '.'� -_ MR k' f p''s a tEr - S #a`� ss-,v,, w; ^X +z - ; y. �sz ,( t zz`4 t t. s , e t„:� t Ow - 't '.'fir f j i< i s r r �,�d3 . ' d „i z. .a7. .. , F ,� ca 3 ' � mt Y.Y�q� J , t �.� rs i "fie L P 't.5 3 (' 1 y; \V G � L -t i a� 1,t �^ 5 -�' dII I `i p} ma y f xs , "- 1�. . t y� pp��p� i � t — — - s x ' +fj�! �"e� Ot�d t0 �romt�tion r tx�t'x a� c ; 74i F,: t s ! $G'� 4r wags& wM 't`'lo� ��I - ` 3 i i a" qk 't�'-r sav5 `'"i"A i t. i i k ,� f to c >3 P' , }, x SY� i T° i tt', ?t 1 �, i,.u,�, contpetition. t ,L 'X v (4 1r k h"te * 4?1 vo` r F Vv Yt:t '� Wyk r 0- j tr � a r F .=: i a� So- Ir1� - - _ �J �- Fn t '� i ,' r - G sj g s n, , f' 3 1 tentiai dusLomexs: �. q i*�� 2 liont 1 s po _. t 't ( ,, �: ;C r tn�V qr i r f $f 1r -1 3 j k4i I ' S ',,, ` ' - j{ 1 y� +at �.c�n' .t0 pC�ti' 1ta a1 CuttC� t1ei s : rh' � }F�, ,,s ,t .. ( 'pcc ss�tbi� its " : i �,. ". , t 54 hh, 93 - it!at6 V �1 '} t �' } 'I 5 i t . F 1 `,1 I ��� 7 .. to tuct x of market client can. relist�11Y 4,`: f 4` Pt�ti�ati h end met ods to capture it. '' ;, t t i t refer@rice fOr Cllent' S product/, nr1, C+s �, #�� . Customers' p h "�" thTM� ��'" t�. �7i potentiallactual market. 13'. r tiryM1 �+�',3NIP, ; a 1 rptd � k} t t pia e ry, sue"' t rz', d 4r , F,a {t g % '` t r "i. " m etit�on and theirsuccess. Y o Client s cop , a- L 1 * au- �t a^ g i � f -. f 5� 4 4 f "�+'; tfi { 7-, ` Explanation of competition's successf lack of � �y¢ � , A'4, t k �jiy,�['* �'rs�y t t,� '� r . .1 t a t't, rot k N�h,&Tg " a s i ` > -+7L+ i pff }§ 'success • r # ° 4' w "r- 'r" ," k`. ,j144 ftr�r z. a: k h t v- s b t,� .t� r .. y -r x k t ,.-i s ar Client's advantages otter competition �4 t A t L i L • 1 3 a :. `°( , - t st .tax , 0. K , ti ' f is reasons for customer attracta�s�n to �Ja11t's z r, A 9.. SpeC� V s a' Q 4 s7 ', product,(serva ca. '` - k, t ,!. - r: y `. I 11.' `�'f, , ".i' p "k+ . : axg,.,} J4Yti 11 a'g �'Ra t ,� y;kz t i r't Krpl� n c - ;! p t.; t . Lu F j� of t.�''- t rr 'a} ' { .r' *" -fi Yo yr' Jo 4Y! t 'e.d rF.r'� t 'k1 ,S i : dl u y., 4rr'E71 ,jt.J ,t y�.i+° �; ` cE�*VP:Z n '�' M_ a V- a ',,- I Iw— 1 tr ,,t . - + ,s' ``; . r, -;}�,,,i .x "+`s. s �w . a. x" .kW.r' "° . .. t <, r # � ,�, .� , b. �'�t 't fi'r ;.j.. _ ea;;p ti�� ,+ Y'1 1• k ��f Y,�.: ,}r � ,1� '' i,.d.. 44 s�wwm w*' t »�4' i i a II II _P #1 1: ,.�xi' _ ,� r !E .sue k d._3'z x �,a .;ram `fie ',4. c:r i, ­,F r t ,- t - } _ ;, ? r ' t c , ', 'mot Pf p 1fK {iit �%� �;� L u� - A�p, " ' :Ga v 3 '� u z tiri 1 a t�.. _ � �. � ---- --1111- 11-- -----.-'. . - -- I - -,','.-:,:-. -,�,-11.1;— I L, I I ` y a,,. tr t4 v + tl 4 ..^ f -1� �, �, 4 �,�t s R i t a,�U,vTfix{y b E$ - :s �MkY 1� — r - 'Client a market'd3 f e l c'°a ., c�du t 19'1 . i d W. - r t $ a,rx tF aWy� y� yyyyyyiiii yju, ' yygqrrii r o a.nzi client � s ,���,��� _ J.C�at�U to Promot hol t, p Client's:potent��l S i .v ,� � A4 L y �+r4�2t"`���� ✓� '" �5 �a2 *�. �p��l'�t 4r . t i � '"•C a a r,a� s; ^` t 2� rt t " � 7 �'a 's*s�+`�S . � •,� 4 l3 " r 1 cC'.�aSc`ibl� lt� of 1 �:at� ran to potential dustom t C t a f X IU Y 4 E, portion of .market client can realistaCallV and methods to capture it. x � ; ,. Customers' preference for client's product/servi�e4 WA h tiid .potential/ac�u&l market. Yk ksk s ' ,�liCnt'S Competition and their success • �� F yjr ���* o�t a M 7,. Explanation of competition's success/lack oz , „„ /' A, 1 P 1 4l #fYffiZ 'r`f "it' r x� 8 at success. f r b " � FTC S•L hM��y � Af.L 8. Client's advantages over competition,: Sg �. Specific reasons for customer attracLiQn to o1` product/.service. 6