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HomeMy WebLinkAboutR-79-0325RESOLUTION NO. 7'.9 325 A RESOLUTION AUTHORIZING THE`` CITY MANAGER TO EXECUTE A CONTRACTUAL AGREEMENT WITH NATIONAL URBAN DEVELOPMENT SERVICES CORPORATION FOR THE PURPOSE OF CONDUCTING A CITY OF MIAMI COMMUNITY ECONOMIC DEVELOPMENT DEMONSTRATION PROJECT. WHEREAS, the City of Miami has applied for and received approval of its grant application` to the U. S. Community Services Administration for a $30,000 matching -grant to implement a Economic Development'; Demonstration Project; and WHEREAS, the City of Miami Community Economic Demonstration Project will involve planning, design,. of a Financial Assistance Program and the implementation of a to assess the feasibility of creating a development encourage economic development projects within the a,greater utilization and coordination of existing private, City, County, State and Federal program resources; and Community Development and development study organization to City by `securing and` anticipated, WHEREAS, the City Commission on October 24, 1978 approved Resolution No. 78-665, accepting the offer of a matching -grant award in an amount of $30,000 from the U. S.'Community Services Administration; and X Adminis "DOCUMENT INDEX rr ITEM N0. WHEREAS, the City Commission on December 14, 1978 passed, on first reading, and on January 18, 1979 passed on second reading, an Ordinance appropriating the $30,000 in Federal funds -from the U. S. Community Services Administration and the required City cash -match of $15,000•from the budget of the Office of Trade & Commerce Development; and "SUPPORTIVE F*6 LLJ VV" CITY COMMISSION MEETING OF MAY22 iii►' Moon* u0.7 9-M3 2 • WHEREAS, the Office of Trade & Commerce has adhered to the provisions of the State of Florida Consultant's Competitive Negotiation Act, and has conducted a consultant selec- tion process which began with an advertisement of a Request for Proposals in the local media between November 2-5, 1978,and which was concluded on January 3, 1979 with oral presentations by five consultant firms selected as finalists by a five -member Technical Review Committee which was established by the Office of Trade & Commerce Development; -contract for professional services'to Economic. Development Demonstration most:qualified firms in the following order of preference:' 1) Mariscal,:& Company, Touche LLB 014, WHEREAS, the Technical Review Committee having carefully reviewed the qualifications and proposals of all interested firms and having heard oral presentations by five finalist firms on January 3, 1979, has recommended the negotiation and award of a implement the Community. Project with the 2) National Urban DevelopmentServices Corporation,` Ross & Company or Candeub, Fleissig and Associates; the Office of Trade &. recommended and the City Manager has endorse .WHEREAS has been identified by the Technical firm" in order of preference. Committee's recommended rank of a professional consultant and: 3) and Commerce Development has d` the Technical. Review,' order for the negotiation and execution services agreement; and WHEREAS, the City Commission approved Resolution No. 79-49 on January 18, 1979,. authorizing the City Manager to Mariscal & Company,:as re- negotiate and execute an agreement with commended by the Technical Review Committee, agreement to the City Commission for ratification and to'present such and: approval; ` and WHEREAS, Mariscal & Company rescinded on theiragreement by failing to fulfill in a timely fashion their obligations under; the contract; and WHEREAS, National Urban Development Services Corporation Review Committee as the second 79-325 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF. THE CITY OF MIAMI, FLORIDA: Commission hereby approves 'the attached agreement for execution bythe'City.Manager with National UrbanDeve1opment Services Corporation, calling for said firm to conduct a local' community economic development demonstra tion project PASSED AND ADOPTED THIS 22 RALPH Maurice A. Ferre MAURICE A. FERRE, MAYOR PREPARED AND APPROVED BY: er TERRY V. PERC , VeS ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: GEORGE NOX, JR., TY TTORNEY 1979. 79-325 TOt trry or MIAMI. INTR)FICi.151-(101,2ANIDUM Honorable' Mayor and DATE: may 15, 1979 Members of. the'CityCoMmission z7ztaliFeri City of Miami=:ComMOniLY:Sconomic DevelOpment-Prolet rnom, Joseph R. Graspie v,rtzEN'CEJt City Manager Attached please find an Agreement and Resolution allowing for the City to contract the firm of National Urban 'DeveloPinent Services Corporation for the ,purposes of conducting an Economic Development Demonstration Project. The firm of Mariscal & Company failed on repeated occasions to respond to our inquiries relative to this study. The C3.ty could not get Mariscal & Company to even sit down to discuss a program design for the project. This delay could have endangered the $30,000 grant funding this project. Because of the long delay realized and the lack of interest shown by that firm on this impor- tant study, the City cancelled its contract with them. The firm of National Urban Development Services Corporation had been selected second by the Technical Review Committee which originally reviewed all the applicant firms. Encs. Agreement. Resolution NUDSC Proposal 7 9 - 3 2 AGREEMENT THIS.- AGREEMENT, made and entered into this day of , 1979, by.and between the City of Miami, a municipal corporation of the of Florida (hereinafter. called "CITY") and National"Urban Development Services Corporations tvcozporation under the laws of the. District:o,f.Columbia (hereinafter dalled.NUD5C):.. State WITNESS.ETH WHEREAS, the City Commission, on January 18, 1979, approved Resolution No. 79-49 authorizing the City Manager to negotiate and execute an agreement, as recommended by the Technical Review Miami Community Committee, for the purpose of conducting a City of Economic Development Project. NOW, THEREFORE,', in con•;ideration of the mutual agreements contained herein the parties hereto agree as follows: I. NATIONAL URBAN DEVELOPMENT SERVICES CORPORATION AGREES: NUDSC agrees to provide professional services to conduct the Community Economic Development Demonstration Project which involves the design and development of a Financial Assistance Program and conducting the study to assess: the feasibility of creating a development organization to en- courage the implementation of economic development projects within .nation City, C the CITY by` securing a greater utilization and:coordi- of existing and anticipated private, quasi -public, ounty, State and Federal` program resources. NUDSC Specifications prepared require - of Services` agrees that the Scope, for this project are definitive and binding study meats, and that the Scope` of Services addition to NUDSC's written technical Specifications in proposal for professional hereby incorporated as services submitted to the CITY are part of this agreement by reference. NUDSC agrees to receive prior approval from the CITY on the hiring of sub -contractors for services related to this pro - "SUPPORT!' 'E. DOCUMFN S FOLLOW;9- 325 NUDSC agrees to provide the CITY With any financial and progress reports which may be required to monitor the project. • NUDSC further agrees;to complete the ,above described ser- vicesno later than September 30, 1979. to fulfill in the proper time and manner its under the -"contract, " the "CITY . shall ifNUDSC shall. fail obligations have the, right to ter- minate this contract, by giving written notice t of such termination and specifying ,the effective such termination . In that event NUDSC to receive just and equitable compensation for factory work completed prior to termination. NUDSC date of shall:be`entitled any satis- indemnify and hold the CITY harmless" from any and claims, liability, losses and causes of all action which arise 1111111111.11111111111111111111111.1 out of this Agreement, NUDSC directly or through its insurance carrier shall pay all claims and, losses;of any nature what- soever in connection therewith and shall defend and shall pay all costs and judgments which all suits may. issue thereon. . To -comply with all applicable laws ordinances,;`and the`Federal, State'and local codes of governments. Specifically, the provider:agrees. to"comply with the, Development Actof 1974,.Section"109, with executive 11246 and 11063; and with Section housing 'and Community Orders f 'theilousing and Urban Development .Act of 1963, (Section 570.:303). ▪ NUDSC agrees that there will .be no discrimination any employee or person served on account of religious creed, ancestry, or :national performance of.,this Agreement;..and it that upon Lhe" receipt of ,evidence CITY shall have the against race,' color, origin in its is expressly understood of"such discrimination, the right'to terminate this'1\greement. BOTH PARTIES AGREE: That all reports, plans,maps, brochures, filmstrips, and other data developed as a result of this Agreement shall be delivered to the CITY by NUDSC and shall become the property of the CITY without restriction or limitation information of their use. It is further stipulatedthat all developed as part of this Agreement shall not NUDSC,without :written '.consent of the CITY. IV: TERMINATION: This Agreement: may. be terminated by upon submission of thirty (30) be used by either party : at any. time days written notice if there is: 1 Ineffective or improper use of funds. 2. Failure to comply with the terms of the contract.. 3. Submission of incorrect or incomplete reports. 4. Occasion wherein the input of the contract i impossible or unfeasible. s rendered SIGNATORIES:. IN WITNESS WHEREOF,: the City of Miami and. National Urban,. Development Services Corporation have entered as of the date first above written. ATTEST: into this Agreement CITY .OF.MIAMI,„a.municipal corporation of the State of Florida :By RALPII G.-ONGIE,..CITY CLERK JOSEPH R. GRASSIE, CITY MANAGER ATTEST SECRETARY PREPARED AND PPROVED BY: TERRY APPROVED AS 'O FORM AND CORRECTNESS: NATIONAL.URBAN-DEVELOPMENT'; SERVICES: CORPORATION. By PRESIDENT„ PER Y , AS IS'1'ANT 'TY ATTORNEY GEORGE 1'. KNOX, JR. , ,CITY ATTORNEY That no official ,or employee of the CITY may b directly or indirectly to any share or part of ment or to any any personal interest in any property, proposed contract which would conflict_ with or performance,, their duties or responsibilities. Agreement. If any such person presently or in the acquires, owns or controls any such share benefit sonal,interest, he shall immediately disclose such CITY. Upon admitted this Agree - acquire the benefit to arise or services to from the'samenor own or contract or benefit, or personal interest to the closure such person shall not continue his participation it is determined by the CITY that his participation is contraryto public interest. NUDSC will comply with State, and local conflict of interest laws and relate" to under this future or per- share, unless not all Federal, requirements. such dis- That in the procurement of supplies, equipment, construction,': implement this project shall make a positive effort to utilize small business and minority owned business`: of supplies and services and provide these sources sources the maximum feasible opportunity to compete for contracts: be performed pursuant to this Agreement. To the maximum extent feasible"these small business and minority owned busi- ness sources shall be located in or owned by residents of Community Development Target area(s) designated by, the City` of Miami in the Community Development Grant Application approved by the U. S. Department of housing and Urban ment the Develo' II. CITY° AGREES: . That it will pay NUDSC an amount not to exceed $45,000 for • described ' services the satisfactory completion of the above There will` be initial payment of$10,000, upon. the ex j a.' payment of $15,000._midwa cution of this Agreement, second through the, time of performance satisfactory completion and pre of the Agreement and a Tina payment of $20,000`,upon the satesf the above sentation to the CITY' of a menis will require official vouchers from NUDSC prior to described services. The d1ishu:Ts cment. 79-325