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HomeMy WebLinkAboutR-78-0270RFC/rb 4/11/78 1 w RESOLUTION NO. "� " w i 0 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY AND THE LITTLE HAVANA DEVELOPMENT AUTHORITY TO CARRY OUT ACTIVITIES FOR AND IN I3EHALF OF THE ECONOMIC DEVELOPMENT PROGRAM, WITH FUNDS ALLOCATED THEREFOR FROM 3RD YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN AN AMOUNT NOT TO EXCEED $13,000. Section 1. The City Manager is hereby authorized to execute the attached Agreement between the City and the Little Havana Development Authority to carry out activities for and in behalf of the Economic Development Program, with funds therefor hereby allocated from 3rd Year Community Development Block Grant Funds, in an amount not to exceed $13,000. ATTEST: PASSEL) AND ADOPTED this i NGIE, CITY CLERK PREPARED AND APPROVED) BY: /940 ROBERT F. CLARK:, ASSISTANT CITY" ATTOR'1:EY 27 day of APRIL MAURICE A. FERRE , 1978. MAURICE A. FERRE, MAYO R "DOCUMENT INDEX ITEM NO. °Z " APPROVED AS TO FORM AND CORRECTNESS: ,,\y — GEORGE F. )fNOX, JR. , CITY ATT6R;EY "SU 11�^TI ' Docum ENT'S FOLLOW" t 1f COMMISSION MEETING OF APR2/1978 Joseph R. Grassie City Manager Julio A. Castario, Director ','r-' Office of Economic Development April 6, 1978 Memorandum of Agreement Attached please find, for Commission approval, a Memorandum of Agreement to be entered into by the City and the Little Havana Development Authority. This agreement is a result of a joint effort by Dade County's Office of Economic Development and this office, to lend the Little Havana Development Authority the staff and administrative capacity to design, recommend and implement a series of objectives geared to the transformation of the Little Havana area into an active and prosperous tourist and commercial center. Presently, Dade County's Office of Economic Development is entering into a similar agreement with Little Havana Development Authority to complement the City's efforts in this regard. JAC:zf Enc. cc: Richard L. Fosmoen, Assistant City Manager George F. Knox, Jr.., City Attorney Howard Gary, Director - Management & Budget "SUPDfnri vn DOCUMENTS FCL..1 OW" r 8 - c) 7 1 1 4 Joseph R. Crassie April 6, 1978 City Manager Memorandum of Agreement Julio A. Castano, Director Office of Economic Development Attached please find, for Commission approval, a Memorandum of Agreement to be entered into by the City and the Little Havana Development Authority. This agreement is a result of a joint effort by Dade County's Office of Economic Development and this office, to lend the Little Havana Development Authority the staff and administrative capacity to design, recommend and implement a series of objectives geared to the transformation of the Little Havana area into an active and prosperous tourist and commercial center. Presently, Dade County's Office of Economic Development is entering into a similar agreement with Little Havana Development Authority to complement the City's efforts in this regard. JAC:zf Enc. cc: Richard L. Fosmoen, Assistant City Manager George F. Knox, Jr., City Attorney Howard Gary, Director - Management & Budget "SUPPnRT V DOCUr,,EN S FCLOW, • 78-2,f 9 1 MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS INTRODUCTION I , DEFINITIONS II. SCOPE OF SERVICES III. 1AXIMUM COMPENSATION IV. METHOD PAYMENT V TIME OF PERFORMANCE VI. PERFORMANCE REQUIREMENTS VII. ASSIGNABILITY VI I I . REPORTING REQUIREMENTS IX. AMENDMENTS TERMINATION XI. CONFLICT OF INTEREST XII. INDEMNIFICATION XIII. ASSURANCES AND CERTIFICATION XIV. OWNERSHIP OF DOCUMENTS XV. SIGNATORIES X. « UPPDRTIV S E DOCUMENTS fS FOLLOW" The City of Miami and the Little Havana Development Authority have entered this Memorandum of Agreement this day of , 1978, as a basis of understanding to carry out activities for and in behalf of the Economic Development Program. WITNESSETH, TH, that the City of Miami has entered in an n;reement with the Little Havana Development Authority for the implementation of a Economic Development Program Project pursuant to Resolution No. adopted , 1978. — Now, therefore, the City of :Miami and the Little Havana Develop- ment Authority do mutually agree as follows: I. DEFINITIONS CITY City of Miami OED Office of Economic Development LHDA Little Havana Development Authority II. SCOPE OF SERVICES It is understood that the LHD.A will provide the following services for the City: A. Conduct an in-depth market analysis to determine the feasibility of developing the Little Havana area into an active tourist and commercial attraction. This analysis will include, but not limited to, discussion of the physical characteristics of the market, impact on industrial areas, population demographics, residential statistics, existing and desired commercial and retail mix, potential land use, zoning, utilities.parking faci- lities, public transportation, roadways, and numerous other salient market facts, specifically as how they relate to this economic development effort. B. Recommend specific economic activities to be promoted and consequences, both favorable and unfavorable, of same, including impact on residential areas and on existing com- mercial establishments. C. Based on the analysis of the market profile and commercial - survey, formulate an affirmative strategy for the imple- mentation of the various objectives recommended, coordinated with the target area's efforts in this respect. D. Seek and develop public and private funding in order to implement approved objectives. E, Submit periodic status reports and a final project report to the OED for further funding consideration. III, MAXIMUM COMPENSATION For the services provided under Section tI of the Agreement, it is understood and agreed that the OED will pav LHDA an amount not to exceed $13,000, In the event the full $13,000 OED funds are not consumed in the Tourism & Commercial Market Study of the Little Havana business district, during the period of performance (Section V), the balance will revert to OED for reprogramming in accordance with existing City policy. IV. i•IETHOD OF PAYMENT Request for payment from LHDA for this project will be reviewed and processed by OED upon receipt. Payment for services shall be made monthly based on invoices submitted. V. TIME OF PERFORMANCE This agreement shall be deemed effective as of the date of signature and shall terminate on September 30, 1978. VI. PERFORMANCE REQUIREMENTS Any and all agreements entered into by LHDA will adhere to all Federal requirements, including the following: Section 3 Clause, and Equal Employment Opportunity. (All of these laws are attached). VII. ASSIGNABILITY LHDA agrees to give notification, in writing, to the OED of any proposed sub -consultants. Any work or services sub -contracted shall be subject to each provision of this Agreement. None of the work or services shall be sub -contracted or reimbursed without the prior written approval of the OED. "SU P PO RT IV E DOC1. )MENTS i VIII . REPORTING REQUIREMENTS Designated LHDA personnel shall keep the OED informed of their activities by: 1) Preparing a completion schedule for the projects. 2) Submitting Monthly Progress Reports on the project. IX. AMENDMENTS The City and the LHDA mav, at their discretion, amend this Agreement at anv 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 by the parties hereto. X. TER;•iINATION This Memorandum of Agreement may be terminated by either party at any time upon submission of thirty (30) days written notice if there is: 1) Ineffective or improper use of funds. 2) Failure to comply with the terms of contract. 3) Submittal of incorrect or incomplete reports, and 4) 0ccasion wherein the implementation of the contract is rendered impossible or unfeasible. XI. CONFLICT OF INTEREST The LHDA covenants that no person under its employ who presently exercises any functions or responsiblities in connection with OED funded activities has any personal financial interests, direct or indirect, in this Agreement. The LHDA further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interests, on the part of the LHDA or its employees, must be disclosed in writing to the OED. The LHDA in the performance of this Agreement, shall be subject to the more restrictive law and/or guidelines regarding conflict of interest pr.omul,;ated by Federal, State or local government. -3-. KII . INDEMNIFICATION LHDA shall indemnify and hold the City Harmless from any and all claims, liability, losses and causes of action which may arise out of this agreement. The agency directly or through its Insurance Carrier shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits, in the name of the City when applicable, and shall pay all costs and judgments which may issue thereon. XIII. ASSURANCES AND CERTIFICATIONS 1) No person in the United States shall, on the grounds of race, color, creed, national origin, sex, marital status or physical handicap, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the LHDA receives funds under this Agreement, and it will immediately take any measures necessary to correct any such discrimination and to ensure that such discrimi- nation cannot occur in the future. 2) LIIDA 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. With specific reference to this Agreement: 1) LHDA will comply in accordance with the Housing and Community Development Act of 1974, Section 109 with Title VI of the Civil Rights Act of 1974, Title VII.I of the Civil Rights Act of 1968, Executive Orders 11246 and 11046 and Section 3 of the Housing and Urban Development Act of 1968 (Section 570,303 (3) (1) and incorporated herein by reference. 2) LIIDA will comply with the provision of the Hatch Act as amended January I, 1975, which limits the political activities of employees and incorporated herein by reference. 3) LHDA will comply with the Anti -Kickback Act, Title 18, U. S , C . Section 874, and provisions of the Federal Labor Standards, Title 29, and Incorporated herein by reference, ISUPPP6 °*► �'' � ! ' 'i •� i! XVI. OWNERSHIP OF DOCUMENTS A11 statistical analysis, sepcifications, survey information, reports, plans, drawings, maps and other data developed as a result of this agreement shall be delivered to the OED by the LHDA and shall become the property of the OED, without restriction or limi- tation on their use. It is further stipulated that all information developed as part of this agreement shall not be used by the LHDA without written consent of the OED. XVI. SIGNATORIES IN WITNESS WHEREOF, the City of Miami and the Little Havana Development Authority have entered into this Agreement as of the date first above written. ATTEST: CITY CLERK ATTEST: SECRETARY PREPARED AND APPROVED BY TERRY V . PERCY ASSISTANT CITY ATTORNEY D AS TO FORUM AND GEORGE F. KNOX CITY ATTORN -5, CITY OF MIAUI, a municipal corporation of the State of Florida By CITY MANAGER LITTLE HAVANA DEVELOPMENT AUTHORITY, INC...__ . By �' /' ,. PRESIDENT t, 1 .. ..4. • f 1 e • • t'f,1 to ..:. c_ %••. •.• .. �. i... 1 .: U . .. .... 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