HomeMy WebLinkAboutR-81-0562CITY COMMISSION
MEETING OF
JUN'-?, 5 1�ut
r C5 r, r
m3ownOti No.....................
9.
APPROVED AS TO
CORRECTNESS;
MAURICE'A. EERRE
MAURICE A.FERRE, MAYOR
81 - 5 G
June 251 1981 City Commission Meeting
Julio Castano, Director
Department of Trade and mmerce
"It is recommended that the attached
Resolution authorizing the City Manager
to execute contractual agreements with
ten (10) neighborhood development
organizations for the purpose of
continuing the City's Neighborhood r �
Economic Development Program for the
d f 1 1 1 1 1 8
ui�}IT, i
IZ
per o
Ju y 98
to June 30, 9 2
with funds
allocated therefor
from the
Seventh Year
Community
Development Block
k
Grant, be
presented to
the City Commission."
The attached Resolution authorizes the execution of contractual agreements
necessary for the continuation of the Neighborhood Economic Development Program
authorized by the City Commission through the adoption of Resolutions number 80-515,
80-517, 80-562, 80-808 and 81-54 which allocated funds and authorized contracts for
neighborhood economic development services with various neighborhood groups
through June 30, 1981.
Funding for the continuation of this program is contained in the City's Seventh
Year Community Development Block Grant Program. The Seventh Year Community
Development Block Grant Program provides funding for ten (10) Neighborhood
Economic Development Program projects at $50,000 each.
The only organization not recommended for refunding is the Allapattah Development
Authority, Inc. Last year there was a recommendation to the City Commission by
the Administration that only one neighborhood group be funded for economic
development in each of the City's eight target areas. The City Commission,
after deliberation, decided to fund both the Allapattah Merchants Association
and the Allapattah Development Authority, Inc. Tile latter- group was strongly
supported by the Allapattah Community Development Advisory Board.
In the Seventh Year Community Development funding cycle, the Allapattah Community
Development Advisory Board decided that only one organization was necessary for
the promotion of neighborhood economic development in Allapattah and recommended
that only $50,000 be provided in the seventh year for neighborhood economic develop-
ment. This recommendation :jas endorsed by the staff and included in the seventh
year package submitted to the City Commission. Subsequently, ,Then asked what
organization it preferred to carry out economic functions, the Community Develop-
ment Advisory Board reversed its position of the previous year and supported
funding for the Allapattah Merchants Association. A staff evaluation of both
R k Kg
�tAt,
6Pgani2ation5 showed almost comparable levels of effectiveness with the
Allapattah Merchants Association receiving a higher rating because it has
been successful in securing a $100,000 administrative grant from the State
of rl on da .
In line with the previous administrative policy of preferring to fund only
one CBO in each target area because of duplication of effort, it is
recommended that the Allapattah Merchants Association be funded rather than
the Allapattah Development Authority, Inc. The Allapattah Development Authority
has $12,667.90 left in its sixth year allocation which would allow time for an
orderly transition and enable the Allapattah Merchants Association to carry on
desirable activities formerly carried out by the Allapattah Development
Authority, Inc.
Attached is a listing of agencies recommended for funding by service area
(e.g. CD target area).
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Allapattah'Allapattah Merchants Association
Coconut Grove coconut Grove LDC, Inc.
r Downtown Downtown Miami Business Assoc., Inc,
Edison -Little Edison -Buena Vista LDC, Inc.
Little River Commerce Assoc., Inc,
5s Little Havana Small Business Opportunity Center, Inc.
Little Havana Development Authority, Inc.
5, Model City Martin L. King Economic Development
Corporation, Inc.
i. Overtown nt ;;i'r` Overtown Economic Development
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Corporation, Inc.
$. Wynwood���� `' Small Business Opportunity Center, Inc.��
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PSI -56 21
By
RALPH G.
ONGIE, CITY
CLERK _
CITY MANAGER
ATTEST;
i
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PRESIDENT
SECRETARY
..,APPROVED
AS TO FORK!
AND CORRECTNESS:
CORPORATE SEAL
EQRGE b'e_ KNQ?{♦ JR..
CITY ATTORNEY
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ART I C Lt i t �� i r�
General Obligations,` 3tE'�
2.1 City Authorization ..a►aa►a a► ass'sas3iss"k,�t; ksss,► i Ui4
2.2 Obligation of Contractor .saaaa�aaa�a`sakit;�k;ysusssls-st � +t
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2.3 Compliance with Federal, State
and Local Laws . .. . . . . . . . . . ► . a a a . • a a�
2.4 Contract Modification a.•. a► a a a ti s a a a k a� �;s 11'rKf a�a Y t`i'� ti �3 x
ARTICLE III
3,1 Work Program • ....... r a a a a� a t� t k s t�� t}ttxs n s s i s Y* t a ilw �E�3 i, � ��
- � t � �'� �� � ��p� Fr R i; � v a �, a �r ,�'�<� is Gu '�' a� �n:• .
ARTICLE IV
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Conditions of payment
4 k [
4. 1 Budget Summary • . . . . . i .• . i • • . i . . i . . . . . . i . . ► . 6,6
4.2 Method of Payment...................'..........'.k`
4.3 Reimbursement -Timely Submission ...............`..4`
4.4 Salaries, Fringe Benefits, Job Descriptions .6066.4`
4.5 Financial Accountability ... . . ... ........... 6.. .. 65.
4.6 Retention of Records ...............6.4...........5
4.7 Bonding and Insurance .............6..............5
4.8 Subcontracts....................................6
4.9 Reports, Audits, and Evaluations .............. .7
ARTICLE V
General Conditions
5. 1 Project Publicity .........:......... a.,:: a.......g
5.2 Equal Opportunity .........' ...''...:4.
.`..':.::..:..5
,x
5.3 Conflict of Interests .... ........ .::.... . ....8
5.4 Indemnification ,4
5.5 Level of Service .......... .... ...."...... •..••9
5.6 Purchasing and Inventory .. .......`..............10
5.7 Disclosure of Funds ...... ......'.:::'....•.....11
5.8 Final Expenditure Report . ... . . . . r. • • ... . . . • • • • • . .11
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ARTICLE VI
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Compensation Method
6.1 Maximum Compensation ..........'t. is++,.•e.s*0•.0.12
6.2 Time of Performance 12
6.3 Obligation to Re -New...... ..• s�rst.as+��3s•,•++ •*12
6.4 Recapture of Funds . , , .. , . , . , ,'�. , ... * . ,. ,.'� . •• ,'• * • 12
ARTICLE VII
General Assurances and Certifications
7.1 Contractor Assurances and Certifications
7 2 Anti -Kickback Provision .,,,,,**,,,..:.....,t.a�,3a`
ARTICLE VI I Ii
Termination Clause. h}$
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THIS AGFriFN`Ij, entered into by and betWoeli the '
City of Miami, a political subdivision of the State of Vlori"tlaf
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, 1981, and ending June 30,1982.
Funding Source:
Community Development
Block Grant
In consideration of the covenants and agreements here
rafter 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-
merits.
1.1 CONTRACT PROVISIONS
1. icles of Incorporation, Charter an
Copy of Contractor's Artd
a
By-laws.
i iixJ Y.
ri4p,,
List of
Present Principal Governing Board Officers and
Members
of the Board (names, addresses
and telephone
r
number.
3,'
LiSt of
Key Staff Persons, with their
titles, who
w.11 carry out this prggram,
copy of
Contractor's current Fidelity
Bond (applicable
for all
persons who are authorized to
receive and ds�
burse funds
under this contract),
M
-1-
g�a
}W
yliy Contractor's Corporate Seal
(to be affixed to Signatory
AU
Page).
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ARTICLE II
GENERAL OBLIGATIONS;'
2.1
CITY AUTHORIZATION
For the purpose of this contract the City of rliami Department
of Trade & Commerce Development
(DTCD) will act in behalf of
the City in the fiscal control,
programatic monitoring and
modification of this Contract.
2.2
OBLIGATION OF CONTRACTOR
The Contractor agrees to carry out the project as prescribed
in 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 forth by the United States
Secretary of Treasury, and
the City of Miami Department of
Community Development, and all
other state and local laws. The
Contractor shall not perform
in a way inconsistent with the
terms of the Work Program except
,as authorized in writing by the
City. Such Authorization by the
_
City shall be subject to and in
accordance with prescribed
guidelines.
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s
L-O�1t l;IANCH WITH rtbrRAL, STATt ANb LOCAL LAWS
l
both parties shall comply with all applicable laws, otdi.iance,
Arid codes of Federal, State, and local governments. Specifically,
the Contractor agrees to comply with the Housing and Community
Peyelopment Acts of 1974 and 1977, Section 109 with Executive
Order 11246 and 11063; and with Section 3 of the Housing and
Urban Development Act of 1968 (Section 570, 303) .
2.4 CONTRACT MODIFICATION
The City or Contractor may; from time to time, request changes
in the Work Program to be performed hereunder. Such changes,
including an increase or decrease in the amount of Contractor
compensation, which are mutually agreed upon by and between the
City and the Contractor, must be incorporated in written
amendments to this Agreement executed by the City (DTCD) and
the Contractor.
ARTICLE III t"'
i _.
3.1 WORK PROGRAM
A description of the Contractor's Work Program Specifications
is attached and hereby incorporated and made part of this
Agreement.
ARTICLE IV+,py
V a rr7'
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CONDITIONS OF PAYMENT "
a r a
4.1 BUDGET SUi*lARY AND JUSTIFICATION
The total Contractor budget summary and justification attached
hereto, is hereby incorporated and made part of this Agreement.
s
4.2 METHOD OF PAYMENT
All payments, unless otherwise stipulated, shall be reimbursements
for expenditures incurred only in 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
-3-
s
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 DTCD for review and approval.
4.1 REIMBURSEMENT - TIMELY SUBMISSION
Requests for payment shall be made on a timely basis.
Reimbursement requests shall be submitted no later than
forty-five (45) days after the last date covered by such
request. Reimbursement requests for expenditures incurred
during the life of this Contract, shall not be honored unless
received by the City within (90) 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 accordancd
with Department of Labor guidelines, a detailed statement of
the personnel policies of the Contractor. Such a statement
shall include pay schedules, work hours, fringe benefits, job
descriptions, as well as work history and qualifications for
those employees who will discharge duties in connection with
this Contract. The personnel policies to be followed under
this Contract shall be those used by the Contractor in the
i
k3,
�ANIL
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y t
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i
t friary cou�rs o its business t Prot dii c hbWOVOt i such
611ciea conform to the provisions of the intergovernfientAI
Porsohnel Act of 1970 (public Law 91-648 effective JanuatY
s, 1971) .
P1VANCiAI, ACCOUNTA81LITY
At any time or times Prior to final payment under this con-
tract, the 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 amounts.
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 retention
period starts from 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
81 -. G'2
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ONE, .9,'�. a
IM`h
'ii ``f;it pity shall tecei that ai.l pnisoris hang
r, rig funds received or elisbutted under this onttact
ire covered by Fidelity lfisurande in _an amount Consis
vent with sound fiscal practice.
The Contractor shall furnish cettificates of insurariCe
and bonding to the City prior to commencing any acts
vity under the Contract. Said certificates shall
clearly indicate the Contractor is in strict complies
ance with provisions of this Article relating to ingutftice.
4. $ SUBCONTRT�CTS
Contractor agrees to give advance notification, in writing
to the City of any subcontract. None of the work or ser-
vices, including, but not limited to, consultant work or
services, covered by this contract shall be subcontracted
without prior written approval of the City. Any work or
services subcontracted hereunder shall be subject to each
provision of this contract. Proper documentation in ac-
cordance with the Department of Community Development and
City guidelines must be submitted to and approved by the
city prior to the execution of any subcontract hereunder.
RUM
. �WP T� � At.1'DM,
The City shall cooperate with the Contraetbt ifl tie cbri-
dUdt of activities delegated tinder this contract as toas�*
onably requested. The Contractor agrees to submit to
the City such reports as may be required, along with a
quarterly report to the City comparing expenditures to the
approved budget. The Contractor also agrees to prepare and
retain and permit the City to inspect as it deems neces-
sary for grant purposes records that may be relevant to
Federal, State or local directives.
Contractor will transmit to the City, in writing, monthly
reports regarding current activity and the progress of the
Contractor's activities in the format presented by the City.
Contractor will transmit to the City, in writing, a pro-
gram evaluation report to be completed prior to the end
of the contract term covering all Project activities.
The format of this report will be determined by the City.
,At the request of the City, Contractor will 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 may carry out
monitoring and evaluation activities to include at a min-
imum, visits and observations by the City staff and will
effectively ensure the cooperation of the Contractor's
employees and board members in such efforts. whenever -
reports, forms, ets., are required of the Contractor here-
in, 15 days prior notice in writing of such shall be pro-
vided wherever possible. All reports, audits, and eval-
uation either submitted to the City on quarterly basis, or
acquired through on -going monitoring and evaluation will
be thoroughly reviewed by the City. Any discrepancies,
incomplete, or inadequate information either received on
a quarterly basis or through monitoring and evaluation, will
give the City just and legal cause to terminate this
_ 7_
81 -5 f; .)
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t]L L\L CONI LIT10NS J �y � 3j tip
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Y
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PROJECT PUBLICITY
The Contractor must inform affirmative action regulations
to the 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 rit
oruitment and outreach.
11 literature, advertising, publicity or promotion re
ghrding the Contractor's activities will be submitted
to the City for review and approval prior to the release
or distribution. No press conference will be scheduled
without prior written notice to the City.
5.2 EQUAL OPPORTUNITY
The contractor agrees that there will be no discrimin-
ation against any employee or person served on account
of race, color, sex, religious creed, ancestry, or nat-
ional origin in its performance of this contract; and it
is expressly understood that upon the receipt of evidence
of such discrimination, the City shall have the right to
terminate this contract.
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 performance, their duties or responsibilities under
this contract. If any such person presently or in the fut-
ure acquires, owns or controls any such share, benefit,
or personal interest, he shall inunediately disclose such
interest to the City and (other appropriate agencies).
-8-
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I _
the City for funds which the City is obligated to refund
the Federal government arising out of the conduct of ac-
tivities and administration of the Contractor.
55 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 Trade & Commerce Development is to be not-
ified 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,
81 -5(i?
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The dontractor agrees to use it§ beht efforts tip obtain
all supplies and equipment for use under this contract
At the lowest practicable cost and three (3) bids for the
purchase of Capital Equipment to accompany all requests
and, 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 with City Funds will revert to the City at the
end of the City's funding of the Program. Non -expendable
property being properties which will not be consumed or
dose identity. The Contractor shall be responsible to
the City for any damage or destruction to said property
and shall reimburse the City for such damage unless the
City or its employees shall have caused the damage. The
Contractor shall establish and maintain a property con-
trol system and shall be responsible for maintaining a
current inventory on all capital items purchased with
City Funds. It should be clearly understood that all
Capital Expenditures 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 will include list-
ing on a property record by description, model serial
number, date of acquisition and cost. Such property
shall be inventoried annually, and an inventory report
submitted to the City. The contractor shall permit des- .
gnated City staff access to the premises where property
is kept for the purpose of performing inventory monit-
oring functions. The Contractor shall not dispose of real
or personal property purchased with City funds through sale, use,
loan or relocation without the written permission of
the City.
The Contractor, in the procurement of supplies, equipment,
construction or service to implement this project, shall
make a positive effort to utilize small business and min -
-10-
of the U. S. Department of Housing
city at the direction
and Urban Development.
It possesses
legal authority
to enter into tjjj5
Con-
4—act• a
resolution,
motion,
or similar action
has
been duly adopted or passed as an official act of the
-12- -
and assurances contained herein; and directing and
Authorizing the person identified as the official rep-
rdsentative of the Contractor to act in connection
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)).
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 instruc-
tion or worship (Section 703(s)).
Appropriate standards for health and safety in work
and training situations will be maintained (Section
703(5) ) .
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 or local minimum wage for the most nearly com-
parable covered employment, or (c) the prevailing
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�t titpay for porsor� ployed
in s11.m1lar ptihlid
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bCCUPatiot s by the satrto employer
(Section 268 (a) ( )) •
1t Will comply With Title `VI of the Civil Rights Act of
1974, Title VII1 of the Civil Rights Act of 196'8, and
ftecutive Orders 11246 and 11063,
and Section 3 of the
lousing 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 74-41
"Principles for Determining Costs
Applicable to Grants and
f,'
!
1 :Jt
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
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TERMINATION CLAUSE`a
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 obliga-
tions under this Contract, including compliance with the
approved Work Program and attached conditions and such directives
as may become generally applicable at any time, (2) Submission
by the Contractor to the City, of reports that are incorrect
or inccmplete in any material respect; and (3) ineffective or
improper use of funds provided under this Contract. Further,
it is mutually agreed that the Contractor shall immediately,
upon demand by the City, cease and terminate any and all activities
including but not limited to divesting itself and any subsidiary(s)