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HomeMy WebLinkAboutR-03-0668J-03-498 06/03/03 RESOLUTION NO. 03— A 3— A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF 28TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS, IN THE AMOUNT OF $15,000, IN THE CATEGORY OF ECONOMIC DEVELOPMENT FROM THE DISTRICT 1 ECONOMIC DEVELOPMENT PILOT PROJECTS RESERVE FUND TO CAMACOL LOAN FUND, INC. FOR UNDERWRITING ITS COMMERCIAL LOAN PROGRAM AND FUNDS, IN THE AMOUNT OF $12,000, TO ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC. FOR ECONOMIC DEVELOPMENT ACTIVITIES FOR THE 28TH PROGRAM YEAR BEGINNING OCTOBER 1, 2002; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE OR AMEND EXISTING AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORMS, WITH SAID AGENCIES FOR SAID PURPOSES. WHEREAS, Resolution No. 02-774, adopted July 8, 2002, allocated the amount of $2,223,400 of 28th Year Community Development Block Grant ("CDBG") Program funds in the category of Economic Development; and WHEREAS, Resolution No. 02-879, adopted July 25, 2002, identified funds to be set aside for Economic Development projects by District, including $177,000 to District 1 Economic Development Pilot Projects to be identified at a future date; and CITY COMMMWX MEETING C JUN 1 2 7003 4�",4utwn No. 63- 668 WHEREAS, Resolution No. 02-1133, adopted October 10, 2002, and Resolution No. 03-271, adopted March 25, 2003, allocated CDBG funds in the amount of $150,000 from the Reserve Fund to specific agencies, leaving a balance of $27,000 in the District 1 Economic Development Pilot Projects Reserve Fund; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The transfer of 28th Year Community Development Block Grant Program funds, in the amount of $15,000, in the category of Economic Development from the District 1 Economic Development Pilot Projects Reserve Fund to Camacol Loan Fund, Inc. for underwriting its Commercial Loan Program and funds, in the amount of $12,000, to Allapattah Business Development Authority, Inc. for economic development activities for the 28th Program Year beginning October 1, 2002, is authorized. Page 2 of 3 63- 668 Section 3. The City Manager is authorized!' to execute or amend existing agreements, in substantially the attached forms, with said agencies for said purposes. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' PASSED AND ADOPTED this 12th day of June 2003. A. JMA/IEL 1"DIgAZ, MAYOR ATTEST: 9, - PRISCILLA A. THOMPSON CITY CLERK APPROVED FORM A' CORRECTNESS:?// F%OWILARE TORNEY 281:tr:AS:BSS ii The herein authorization is further subject to complying with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 3 of 3 63- 668 CITY OF MIAMI, FLORIDA COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC DEVELOPMENT PROGRAMS AGREEMENT THIS AGREEMENT (hereinafter the "Agreement") is entered into this day of , 2003, between the City of Miami, a municipal corporation of the State of Florida (hereinafter referred to as the "CITEY"), and Camacol Loan Fund Inc. a Florida not for profit corporation (hereinafter referred to as the "SUBRECIPIENT"). FUNDING SOURCE: Community Development Block Grant Funds AMOUNT: $60.000.00 TERM OF THE AGREEMENT: October 1, 2002 through September 30, 2003 IDIS NUMBER: 1386 SCI NUMBER: ADDRESS: 1417 West Flagler Street Miami, Florida 33135 NOW, THEREFORE, in consideration of the mutual covenants and obligations herein set forth, the parties understand and agree as follows: ARTICLE I EXHIBITS AND DEFINITIONS 1.1 EXHIBITS. Attached hereto and forming a part of this Agreement are the following Exhibits: It - Exhibit Exhibit A Corporate Resolution Authorizing Execution of this Agreement. Exhibit B .Work Program 03-_668 Exhibit C Budget Summary Exhibit D Certification Regarding Lobbying Form Exhibit E Certification Regarding Debarment, Suspension and other Responsibility Matters (Primary Covered Transactions Form) Exhibit F Crime Entity Affidavit 1.2 DEFINED TERMS. As used.herein the following terms shall mean: Act or 24 CFR 570 Title I of the Housing and Community Development Act of 1974, as amended. Agreement Records_ Any and all books, records, documents, information, data, papers, letters, materials, and computerized or electronic storage data and media, whether written, printed, computerized, electronic or electrical, however collected or preserved which is or was produced, developed, maintained, completed, received or compiled by or at the direction of the SUBRECIPIENT or any subcontractor in carrying_ out the duties and obligations required by the terms of this Agreement, including, but not limited to, financial books and records, ledgers, drawings, maps, pamphlets, designs, electronic tapes, computer drives and diskettes or surveys. CDBG Program: Community Development Block Grant Program. CDBG Requirements;. The requirements contained in 24 CFR Part 570, Rule 9I of the Florida Administrative Code and as established by the City of Miami, Florida. Department: The City of Miami Department of Community Development. Federal Award: Any federal funds received by the SUBRECIPIENT from any source during the period of time in which the SUBRECIPIENT is performing the obligations set forth in this Agreement. Low- and -Moderate- Income A member of a low- or moderate -income family 2 03- 668 Person: whose i ncome i s w ithin s pecific i ncome 1 evels set forth by U.S. HUD. U.S. HUD or HUD: The United States Department of Housing and Urban Development. ARTICLE II BASIC REQUIREMENTS The following documents must be approved by the CITY and must be on file with the Department prior to the CITY'S execution of this Agreement: 2.1 The Work Program submitted by the SUBRECIPIENT to the CITY which shall become attached hereto as Exhibit B to this Agreement and shall include the following: 2.1.1 The description section shall detail the activities to be carried out by the SUBRECIPIENT. It should specifically describe the activities to be carried out as a result of the expenditure of CDBG Funds. Where appropriate it should list measurable objectives, define the who, what, where and when of the project, and in general detail how these activities will ensure that the intended beneficiaries will be served. 2.1.2 The schedule of activities and measurable objectives plays an essential role in the grant management system. The schedule should provide projected milestones and deadlines for the accomplishment of tasks in carrying out the Work Program. These projected milestones and deadlines are a basis for measuring actual progress during the term of this Agreement. These items, shall be in sufficient detail to provide a sound basis for the CITY to effectively monitor performance by the SUBRECIPIENT under this Agreement. ' 3 03- 668 2.2 The Budget Summary attached hereto as Exhibit C, which shall include: completion of the SUBRECIPIENT'S Program/Itemized Budget/Expenditure Justification, Total Actual and Projected Funds Disclosure and Staff Salaries Schedule. 2.3 A list of the SUBRECIPIENT'S present officers and members of the Board (names, addresses and telephone numbers). 2.4 A list of key staff persons (with their titles) who will carry out the Work Program. 2.5 Completion of an Authorized Representative Statement. 2.6 Completion of a Statement of Accounting System. 2.7 A copy of the SUBRECIPIENT'S corporate personnel policies and procedures. 2.8 Job description and resumes for all positions funded in whole or in part under this Agreement. 2.9 A letter of accepting the Office of Management and Budget ("OMB") Circular No.A-87 "Principles for Determining Costs Applicable to Grants and Agreements with State, Local and Federally recognized Indian Tribal Governments;" OMB Circular No. A-110, Attachments "A" (Cash Depositories), "B" (Bonding and Insurance), "C" (Retention and Custodial Requirements for Records), "F" (Standards for Financial Management Systems), "H" (Monitoring and Reporting Progress Performance), "N" (Property Management Standards), and "O" (Procurement Standards); OMB Circular Nos. A-122 . t and A-21: "Cost Principles for Non -Profit Organizations and Cost Principles for Educational Institutions," as modified by 24 CFR Section570.502(a)(b); "Applicability of Uniform A dministrative Requirements" o f t he C DBG P rogram R egulations F inal R ule and Lead Based Paint Regulations 24 CFR Part 35. 2.10 Copy of the SUBRECIPIENT'S last federal income tax return (IRS Form 990). 4 03- 668 I 2.11 The following corporate documents: (i) Bylaws, resolutions and incumbency certificates for the SUBRECIPIENT, certified by the SUBRECIPIENT'S Corporate Secretary, authorizing the consummation of the transactions contemplated hereby, all in a form satisfactory to the CITY. 2.12 Personal Guarantees, in a form satisfactory to the CITY, executed by the Executive Director and each member of the Board of Directors of the SUBRECIPIENT. 2.13 All other documents reasonably required by the CITY. ARTICLE III TERMS AND PROCEDURES 3.1 CITY AUTHORIZATION: For the purpose of this Agreement, the Department will act on behalf of the CITY in the fiscal control and programmatic monitoring of this Agreement, except as otherwise provided in this Agreement. 3.2 EFFECTIVE DATE AND TERM: This Agreement shall begin on October 1, 2002 and end on September 30, 2003. 3.3 OBLIGATIONS OF SUBRECIPIENT: The SUBRECIPIENT shall carry out the services and activities as prescribed in its Work Program, w hich i s a ttached a nd i ncorporated h erein a nd m ade a p art o f t his A greement, i n a r manner that is lawful, and satisfactory to the CITY, and in accordance with the written policies, procedures, and requirements as prescribed in this Agreement, and as settforth by HUD and the CITY. 3.4 POLICIES AND PROCEDURES MANUAL: 5 03— 668 The SUBRECIPIENT is aware of and accepts the "Policies and Procedures Manual for Community Development Block Grant Sub -recipients" as the official document which outlines the fiscal, administrative and federal guidelines which shall -regulate the day-to-day operations of the SUBRECIPIENT. The "Policies and Procedures Manual for Community Development Block Grant Sub -recipients" is incorporated herein and made a part of this Agreement. 3.5 LEVEL OF SERVICE: Should start-up time for the Work Program be required or in the event of the occurrence of any delays in the activities thereunder, the SUBRECIPIENT shall immediately notify the Department in writing, giving all pertinent details and indicating when the Work Program shall begin and/or continue. It is understood and agreed that the SUBRECIPIENT shall maintain the level of activities and expenditures in existence prior to the execution of this Agreement. Any activities funded through or as a result of this Agreement shall not result in the displacement of employed workers, impair existing agreements for services or activities, or result in the substitution of funds allocated under this Agreement for other funds in connection with work which would have been performed in the absence of this Agreement. ARTICLE IV CDBG FUNDING AND DISBURSEMENT REQUIREMENTS 4.1 COMPENSATION A. The CITY shall pay the SUBRECIPIENT, as maximum compensation for the services required pursuant to this Agreement the sum of $64.000.00. B. During the term hereof and for a period of three (3) years following the date of the last payment made hereunder, the CITY shall have the right to review and audit 6 03- 66 the time records and related records of the SUBRECIPIENT pertaining to any payments by the CITY. C. All payments shall be reimbursements for expenditures incurred only during the term of this Agreement, and in compliance with the previously approved program line -item Itemized Budget. Each written request for payment/reimbursement shall contain a s tatement d eclaring a nd a ffinning t hat a 11 a xpenditures w ere m ade i n accordance with the approved budget. All documentation in support of each request shall be subject to -approval by the CITY at the time the request is made and all invoices are required to be paid by the SUBRECIPIENT prior to submission. All reimbursements must be in line -item form and be in accord with this Agreement. All expenditures must be verified by the original invoice with a copy of the check which was used to pay that specific invoice. Within 60 days of submitting each reimbursement request, copies of the canceled checks evidencing the payments by the SUBRECIPIENT for which reimbursement has been requested shall be submitted. In the event that an invoice is paid by various funding sources, a copy of the invoice may be submitted but mthst indicate the exact amount paid by various funding sources equaling the total of the invoice. No m iscellaneous c ategories s hall b e a ccepted as a 1 ine-item i n t he b udget. A r maximum of two (2) requests for line -item changes are allowable, with prior review and approval by the CITY. All line -item changes must be made sixty (60) days prior to the end of the term of the Agreement. D. Requests for payment should be made at least on a monthly basis. Reimbursement requests should be submitted to the CITY within thirty (30) 03- 668 calendar days after the indebtedness has been incurred. Failure to comply with these time frames for requesting reimbursement/payment may result in the rejection of those invoices within the reimbursement package which do not meet these requirements. E. The SUBRECIPIENT must submit the final request for payment to the CITY within 30 calendar days following the expiration date or termination date of this Agreement. If the SUBRECIPIENT fails to comply with this requirement, the SUBRECIPIENT shall forfeit all rights to payment and the CITY shall not honor any request submitted thereafter. F. Any payment due under this Agreement may be withheld pending the receipt and approval by the CITY of all reports due from the SUBRECIPIENT as a part of this Agreement and any modifications thereto. 4.2 BONDING AND INSURANCE: At all times during' the term hereof, the SUBRECIPIENT shall maintain insurance and bonding coverage acceptable to the CITY. Prior to commencing any activity under this Agreement, the SUBRECIPIENT shall furnish to the CITY original certificates of insurance and bonding indicating that the SUBRECIPIENT is in compliance with the provisions of this Article. 4.2.1 The SUBRECIPIENT shall provide the following coverage: (i) Comprehensive General Liability and umbrella liability coverage in an amount n of 1 ess t han S 500,000.00 p er p erson p er 9-ccurrence, p rotecting the CITY and the SUBRECIPIENT against liability incidental to the use .of, or resulting from an accident occurring on or about, its property, including coverage for: (a) fire, explosion, collapse and underground H 03- 668 hazards, completed operations and independent contractors, and (b) automobile liability for all owned vehicles, as well as coverage for non - owned and hired automobiles (ii) Workers' compensation insurance as required by the laws of the State of Florida. (iii) Flood insurance, if applicable, in such amount as may be required by the CITY. (iv) A bid bond or performance bond in such form as may be required by the CITY. 4.2.2 Fidelity bonding for all persons handling funds received or disbursed under this Agreement in an amount equal to or greater than the amount of the grant of funds hereunder. The CITY shall be named as Loss Payee. 4.2.3 All such insurance shall insure the CITY as the primary additional insured, with a loss payable, clause in favor of the CITY. The SUBRECIPIENT shall be required to furnish evidence of any other insurance coverage the CITY may reasonably require during the term of this Agreement. All such policies shall require the insurance carrier to give the CITY at least 30 days prior written notice of termination, cancellation, expiration or modification., and all such policies shall be w ritten b y i nsurance companies s atisfactory t o t he C ITY. T here s hall b e n o exclusions in such policies that override the CITY'S coverage. 4.2.4 Compliance with the foregoing requirements shall not relieve the SUBRECIPIENT of its liability and obligations under this section or under any other section of this Agreement 9 03- 668 4.3 FINANCIAL ACCOUNTABILITY: The CITY reserves the right to audit the records of the SUBRECIPIENT at any time during the performance of this Agreement and for a period of three years after its expiration/termination. The SUBRECIPIENT agrees to provide all financial and other applicable records and documentation of services to the CITY. Any payment made shall be subject to reduction for amounts included in the related invoice which are found by the CITY, on the basis of such audit, not to constitute allowable expenditures.- Any payments made to the SUBRECIPIENT are subject to reduction for overpayments on previously submitted invoices. 4.4 RECAPTURE OF FUNDS: The CITY reserves the right to recapture funds in the event that the SUBRECIPIENT shall fail: (i) to comply with the terms of this Agreement, or (ii) to accept conditions imposed by the CITY at the direction of the federal, state and local agencies. 4.5 CONTINGENCY CLAUSE: Funding pursuant to this Agreement is contingent on the availability of funds and continued authorization for CDBG Program activities, and is also subject to amendment or termination due to lack of funds or authorization, reduction of funds, and/gr changes in regulations. ARTICLE V AUDIT 5.1 As a necessary part of this Agreement, the SUBRECIPIENT shall adhere to the following audit requirements: 10 63- 668 5.1.1 If the SUBRECIPIENT expends $300,000 or more in the fiscal year it shall have a single audit or program specific audit conducted for that year. The audit shall be conducted in accordance with GAGAS and OMB Circular A-133. The audit shall determine whether the financial statements are presented fairly in all material respects in conformity with generally accepted accounting principles. In addition to the above requirements, the auditor shall perform procedures to obtain an understanding of internal controls and perform sufficient testing to ensure compliance with the procedures. Further the auditor shall determine whether the SUBRECIPIENT has complied with laws, regulations and the provisions of this Agreement. A reporting package shall be submitted within the earlier of 30 days after receipt of the auditor's report(s) or nine (9) months after the end of the audit period. The reporting package will include the certified financial statements and schedule of expenditures of Federal Awards; a summary schedule of prior audit findings; the auditor's report and the corrective action plan. The auditor's report shall include: A a) an opinion (or disclaimer of opinion) as to whether the financial statements are presented fairly in all material respects in conformity with generally accepted principles and an opinion (or disclaimer of opinion) as to whether the schedule of expenditures of Federal Awards is presented fairly in all material respects in relation to the financial statements taken as a,whole. b) a report on internal controls related to the financial statements and major programs. This report shall describe the scope of testing of internal controls and the results of the test, and, where applicable, refer to the separate schedule of findings and questioned costs. c) a report on compliance with laws, regulations, and the provisions of contracts and/or this Agreement, noncompliance with which could have a material effect on the financial statements. This report shall also include an opinion (or disclaimer of opinion) as to whether the SUBRECIPIENT complied with the laws, regulations, and the provisions of contracts and this Agreement which could have a direct and material effect on the program and, where applicable, refer to the separate schedule of findings and questioned costs. d) a schedule of findings and questioned cost which shall include the requirements of OMB Circular A-133. 5.1.2 If the SUBRECIPIENT expends less than $300,000 in the fiscal year it is exempted from Federal audit requirements for that year and consequently the audit c ost i s n of a reimbursable expense. -T he City, h owever, m ay r equest t he SU13RECIPIENT to have a limited scope audit for monitoring purposes. These limited scope audits will be paid for and arranged by the City and address only one or more of the following types of compliance requirentents: activities allowed or unallowed; allowable costs/cost principles; eligibility; matching, level of effort, earmarking; and, reporting. All reports presented to the City shall, where applicable, include sq'fficient information to provide a proper perspective for judging the prevalence and consequences of the findings, such as whether an audit finding represents an isolated instance or a systemic problem. 12 G3- GGS r Where appropriate, instances identified shall be related to the universe and the number of cases examined and quantified in terms of dollar value. ARTICLE VI RECORDS AND REPORTS 6.1 The SUBRECIPIENT shall establish and maintain sufficient records to enable the CITY to determine whether the SUBRECIPIENT has met the requirements of the CDBG Program. At a minimum, the following records shall be maintained by the SUBRECIPIENT: 6.1.1 Records providing a full description of each activity assisted (or being assisted) with CDBG Funds, including its location (if the activity has a geographical locus), the amount of CDBG Funds budgeted, obligated and expended for the activity, and the specific provision in 24 CFR Subpart C of the CDBG Program regulations under which the activity is eligible. 6.1.2 Records demonstrating that each activity undertaken meets one of the criteria set forth in 24 CFR 570.208 of the CDBG Program regulations. Where information on income by family size is required, the SUBRECIPIENT -may substitute evidence establishing that the person assisted qualified.under another program having income qualification criteria at least as restrictive as that used in the definitions of "low- and moderate -income person" and "low- and moderate - income household" as set forth in 24 CFR 570.3; or, the �UBRECIPIENT may substitute a copy of a verifiable certification from the assisted person that his or her family income does not exceed the applicable income limit established in accordance with 24 CFR 570.3; or the SUBRECIPIENT may substitute a notice 13 63- 668 that the assisted person is a referral from any governmental agency that determines persons to be "low- and moderate -income persons" based upon HUD's criteria and agrees to maintain documentation supporting those determinations. Such records shall include the following information: (i) For each activity determined to benefit low- and moderate -income persons, the income limits applied and the point in time when the benefit was determined. (ii) For -each activity determined to benefit low- and moderate -income persons based on the area served by the activity: (a) The boundaries of the service area; (b) The income characteristics of families and unrelated individuals in the service area; and (c) If the percent of low- and moderate -income persons in the service area i s l ess t han 51 p ercent, d ata s howing t hat t he a rea q ualifies under the exception criteria set forth in 24 CFR 570.208(a)(1)(ii); (iii) For each activity determined to benefit low- and moderate -income persons because t he a ctivity i nvolves o f acility o r s ervice, d esigned f or u se b y a limited clientele consisting exclusively or predominantly of low- and moderate -income persons: (a) Documentation establishing that the facility or service'is designed for and used by senior citizens, disabled persons, battered spouses, abused children, the homeless, illiterate persons, or migrant farm 14 03- 668 workers, for which the regulations provide presumptive benefit to low- and moderate -income persons; or (b) Documentation describing how the nature and, if applicable, the location of the facility or service establishes that it is used predominantly by low- and moderate -income persons; or (c) Data showing the size and annual income of the family of each person receiving the benefit. 6.1.3 Equal Opportunity Records -containing: (i) . Data on the extent to which each racial and ethnic group and single - headed households (by gender of household head) have applied for, participated in, or benefited from, any program or activity funded in whole or in part with CDBG Funds. Such information shall be used only as a basis for further investigation relating to compliance with any requirement to attain or maintain any particular statistical measure by race, ethnicity, or gender in covered programs. (ii) Documentation of actions undertaken to meet the requirements of 24 CFR 570.607(b) which implements Section 3 of the Housing Development Act of 1968, as amended (12 U.S.C. 1701U) relative to the hiring and training of low- and moderate -income persons and the use of local businesses. 6.1.4 Financial records, in accordance with the applicable requirements listed in 24 CFR 570.502. Records required to be maintained in accordance with other applicable laws and regulations set forth in Subpart K of 24 CFR. 15 63- 668 6.2 RETENTION AND ACCESSIBILITY OF RECORDS: 6.2.1 The Department shall have the authority to review the SUBRECIPIENT'S records, including Project and programmatic records and books of account, for a period of three (3) years from the expiration/termination of this Agreement (the "Retention Period"). All books of account and supporting documentation shall be kept by the SUBRECIPIENT at least until the expiration of the Retention Period. The SUBRECIPIENT shall maintain records sufficient to meet the requirements of 24 CFR 570. All records and reports required herein shall be retained and made accessible as provided thereunder. The SUBRECIPIENT further agrees to abide by Chapter 119, Florida Statutes, as the same may be amended from time to time, pertaining to public records. The SUBRECIPIENT shall ensure that the Agreement Records shall be at all times subject to and available for full access and review, inspection and audit by the CITY, federal personnel and any other personnel duly authorized by the CITY. 6.2.2 The SUBRECIPIENT shall include in all the Department approved subcontracts used to engage subcontractors to carry out any eligible substantive project or programmatic activities, as such activities are described ig. this Agreement and defined by the Department, each of the record-keeping and audit requirements detailed in this Agreement. The Department shall in its sole discretion determine 16 03- when services are eligible substantive project and/or programmatic activities and subject to the audit and record-keeping requirements described in this Agreement 6.2.3 If the CITY or the SUBRECIPIENT has received or given notice of any kind indicating any threatened or pending litigation, claim or audit arising out of the activities pursuant to the project, the activities and/or the Work Program or under the t enms o f t his A greement, t he R etention P eriod s hall b e e xtended u ntil s uch time as the threatened or pending litigation, claim or audit is, in the sole and absolute discretion of the Department fully, completely and finally resolved. 6.2.4 The SUBRECIPIENT shall notify the Department in writing both during the pendency of this Agreement and after its expiration/termination as part of the final closeout procedure, of the address where all Agreement Records will be retained. 6.2.5 The SUBRECIPIENT shall obtain the prior written consent of the Department to the disposal of any Agreement Records within one year'after the expiration of the Retention Period. 6.3 PROVISION OF RECORDS: 6.3.1 At any time upon request 'by the Department, the SUBRECIPIENT shall provide all Agreement Records to the Department. The requested Agreement Records shall become the property of the Department without restriction, reservation, or r limitation on their use. The Department shall have unlimited rights to all books, articles, or other copyrightable materials developed in thg performance of this Agreement. These rights include the right of royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use the Work Program for public purposes. 17 03- 668 6.3.2 If the SUBRECIPI-ENT receives funds from, or is under regulatory control of other governmental agencies, and those agencies issue monitoring reports, regulatory examinations, or other similar- reports, the SUBRECIPIENT shall provide a copy of each such report and any follow-up communications and reports to the Department immediately upon such issuance, unless such disclosure would be prohibited by any such issuing agency. 6.4 MONITORING: The SUBRECIPIENT shall permit the Department and other persons duly authorized by the Department to inspect all Agreement Records, facilities, goods, and activities of the SUBRECIPIENT which are in any way connected to the activities undertaken pursuant to the terms of this Agreement, and/or interview any clients, employees, subcontractors or assignees of the SUBRECIPIENT. Following such inspection or interviews, the Department will deliver to the SUBRECIPIENT a report of its findings. The SUBRECIPIENT will rectify all deficiencies cited by the Department within the specified period of time set forth in the report or provide the Department w ith a r easonable j ustification f or n of c orrecting t he s arae. T he D epartment w ill determine in its sole and absolute discretion whether or not the SUBRECIPIENT'S justification is acceptable. At the request of the CITY, the SUBRECIPIENT shall transmit to the CITY written statements of the SUBRECIPIENT's official policies on specified issues relating to the SUBRECIPIENT's activities. The CITY will carry out monitoring and. evaluation activities, including visits and observations by CITY staff; the SUBRECIPIENT shall ensure the cooperation of its employees and its Board members in such efforts. Any inconsistent, incomplete, or inadequate information either received by the CITY or obtained through 1. 18 �- 668 monitoring and evaluation by the- CITY, shall constitute cause for the CITY to terminate this Agreement. 6.5 RELATED PARTIES: The SUBRECIPIENT shall report to the Department the name, purpose for and any and all other relevant information in connection with any related -party transaction. The term "related -party transaction" includes, but is not limited to, a for-profit or nonprofit subsidiary or affiliate organization, an organization with an overlapping Board of Directors and an organization for which the SUBRECIPIENT is responsible for appointing memberships. The SUBRECIPIENT shall report this information to the Department upon forming the relationship, or if already formed, shall report such relationship prior to or simultaneously with the execution of this Agreement. Any supplemental information shall be promptly reported to the Department. ARTICLE VII OTHER CDBG PROGRAM REQUIREMENTS 7.1 The SUBRECIPIENT shall maintain current documentation that its activities are CDBG eligible in accordance with 24 CFR Part 570.201. 7.2 The SUBRECIPIENT shall ensure and maintain documentation that conclusively demonstrates that each activity assisted in whole or in part with CD$G Funds is an activity which provides benefit to low and moderate -income persons. 7.3 The SUBRECIPIENT shall comply with all applicable provisions of 24 CFR Part 570 and shall carry out each activity in compliance with all applicable federal laws and regulations described therein. 7.4 The SUBRECIPIENT shall cooperate with the Department in informing the appropriate citizen participation structures, including the appropriate area committees, of the activities of the 19 63- 668 SUBRECIPIENT in adhering to -the provisions of this Agreement. Representatives of the SUBRECIPIENT shall attend meetings of the appropriate committees and citizen participation structures upon the request of the citizen participation officers or the Department. 7.5 The SU 3RECIPIENT shall, to the greatest possible, give low -and -moderate -income residents of the service areas opportunities for training and employment. 7.6 SUBRECIPIENT shall use the funds to carry out commercial rehabilitation activities eligible under 570.202(a)(3), and to provide technical assistance to private for-profit businesses, eligible u rider 5 70.203 (b) A ttachments 1 .2(a) and 1.2(b). N o o ther activities w ill b e funded under this Agreement, unless Work Program is amended in writing by mutual agreement. 7.7 SUBRECIPIENT shall carry out its Work Program in compliance with all Federal laws and regulations, described in Subpart K of the C DBG Program regulation (24 CFR 570.600- 612), which by this reference, is incorporated into and made a part of this Agreement. 7.8 SUBRECIPIENT shall not assume the CITY'S environmental responsibilities described in 24 CFR 570.604, of the CDBG Program regulations, and the CITY'S responsibility for initiating the review process under Executive Order 12372. 7.9 NON-DISCRIMINATION: The SUBRECIPIENT shall not discriminate on the basis of race, color, national origin, sex, religion, age, marital or family status or handicap in connection with the activities and/or the Work Program or its performance under this Agreement. Furthermore, the SUBRECIPIENT agrees that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, creed, national origin, age, marital status or handicap, be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 20 03- 668 7.10 The SUBRECIPIENT shall carry out its Work Program in compliance with all federal laws and regulations, including those described in Subpart K of the CDBG Program regulations (24 CFR 570.600-612). 7.11 The SUBRECIPIENT shall comply with Davis -Bacon Act wage requirements on all construction, rehabilitation and other labor and work funded by the CITY in excess of $2,000. 7.1? The SUBRECIPIENT shall abide by the Federal Labor Standards provisions of U.S. HUD Form 4010 incorporated herein as part of this Agreement. 7.13 UNIFORM ADMINISTRATIVE REQUIREMENTS. The SUBRECIPIENT shall comply with the requirements and standards of OMB Circular No. A-122, "Cost Principles for Non -Profit Organizations" and with the applicable requirements of 24 CFR Part 84 (the revised OMB Circular No. A-110). 7.14 RELIGIOUS ORGANIZATIONS/CONSTITUTIONAL PROHIBITION. If the SUBRECIPIENT is or was created by a religious organization, the SUBRECIPIENT agrees that all CDBG Funds disbursed under this Agreement shall be subject to the conditions, restrictions, and limitations of 24 CFR Part 570.2000). In accordance with the First Amendment of the United States Constitutt'on, particularly regarding the relationship between church and State, as a general rule, CDBG assistance may not be used for religious activities or provided to primarily religious entities for any activities, t including secular activities, as provided in 24 CFR Part 570.2000). The SUBRECIPIENT shall comply with those requirements and prohibitions when entering into subcontracts. 7.15 REVERSION OF ASSETS. Upon expiration/termination of this Agreement, the SUBRECIPIENT mLlst transfer to the CITY any CDBG Funds on hand at the time of expiration/termination and any accounts receivable attributable to the use of CDBG Funds. 21 03- 668 7.16 ENFORCEMENT OF THIS AGREEMENT. Any violation of this Agreement that remains uncured thirty (30) days after the SUBRECIPIENT'S receipt of notice from the CITY (by certified or registered mail) of such violation may, at the option of the CITY, be addressed by an action for damages or equitable relief, or any other remedy provided at law or in equity. In addition to the remedies of the CITY set forth herein, if the SUBRECIPIENT materially fails to comply with the terms of this Agreement, the CITY may suspend or terminate this Agreement in accordance with 24 CFR Part 85.43, as set forth more fully below in Article IX of this Agreement. 7.17 The SUBRECIPIENT shall not assume the CITY's environmental responsibilities described at 24 CFR 570.604 of the CDBG Program regulations nor the CITY's responsibility for initiating the review process under Executive Order 12372. ARTICLE VIII PROGRAM INCOME 8.1 Program income means gross income received by the SUBRECIPIENT which has been directly generated from the u se o f t he C DBG Funds. W hen s uch i ncome i s g enerated b y a n activity t hat i s o my p artially a ssisted with t he C DBG Funds, t he i ncome s hall b e p rorated t o reflect the percentage of CDBG Funds used. Program income generated by CDBG funded activities shall be used only to undertake those activities specifically approved by the CITY on and for the Work Program. All provisions of this Agreement shall apply to such activities. Any program income on hand when this Agreement expires/terminates or received after such expiration/termination shall be paid to the CITY, as required by 24 CFR 570.503(b)(8) of the CDBG Program regulations. 22 03- 668 The SUBRECIPIENT shall- submit to the CITY monthly a Program Income Report and a Work Program Status Report. The Program Income Report shall identify CDBG activities in which income was derived and how income has been utilized. 8.2 REPAYMENTS. Any interest or other return on the investment of the CDBG Funds shall be remitted to the CITY on a monthly basis. Any CDBG Ftinds funded to the SUBRECIPIENT that do not meet the eligibility requirements, as applicable, must be repaid to the CITY. ARTICLE IX REMEDIES, SUSPENSION, TERMINATION 9.1 REMEDIES FOR NONCOMPLIANCE. The CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to this Agreement without penalty to the CITY. In that event, notice of termination of this Agreement shall be in writing to the SUBRECIPIENT, who shall be paid for those services performed prior to the date of its receipt to the notice of termination. In no case, however, shall the CITY pay the SUBRECIPIENT an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the CITY and the SUBRECIPIENT that any payment made in accordance with this Agreement to the SUBRECIPIENT shall be made only if the SUBRECIPIENT is not in default under the terms of this Agreement. If the r SUBRECIPIENT is in default, the CITY shall not be obligated and shall not pay to the SUBRECIPIENT any sum whatsoever. e - If the SUBRECIPIENT materially fails to comply with any term of this Agreement, the CITY may take one or, more of the following courses of action: 23 03- 668 9.1.1 Temporarily withhold c ash payments pending correction of the deficiency by the SUBRECIPIENT, or such more severe enforcement action as the CITY determines is necessary or appropriate. 9.1.2 Disallow (that is, deny both the use of funds and matching credit) for all or part of the cost of the activity or action not in compliance. 9.1.3 Wholly or partly suspend or terminate the current CDBG Funds awarded to the SUBRECIPIENT. 9.1.4 Withhold further CDBG grants and/or loans for the SUBRECIPIENT. 9.1.5 Take all such other remedies that may be legally available. 9.2 SUSPENSION: 9.2.1 The Department may, for reasonable cause temporarily suspend the SUBRECIPIENT'S operations and authority to obligate funds under this Agreement or withhold payments to the SUBRECIPIFENT pending necessary corrective action by the SUBRECIPIENT, or both. Reasonable cause shall be determined by the Department in its sole and absolute discretion, and may ,3 include: (i) Ineffective or improper use of the CDBG Funds by the SUBRECIPIENT; (ii) Failure by the SUBRECIPIENT to materially comply with any term or r provision of this Agreement; (iii) Failure by the SUBRECIPIENT to submit any documents required by this Agreement; or (iv) The SUBRECIPIENT'S submittal of incorrect or incomplete documents. 24 d3- 668 9.2.2 The Department may at any time suspend the SUBRECIPIENT'S authority to obligate funds, withhold payments, or both. 9.2.3 The actions described in paragraphs 9.2.1 and 9.2.2 above may be applied to all or any part of the activities funded by this Agreement. 9.2.4 The Department will notify the SUBRECIPIENT in writing of any action taken pursuant to this Article, by certified mail, return receipt requested, or by in person delivery with proof of delivery. The notification will include the reason(s) for such action, any conditions relating to the action taken, and the necessary corrective action(s). 9.3 TERMINATION: 9.3.1 Termination Because of Lack of Funds. In the event the CITY does not receive funds to finance this Agreement from its funding source, or in the event that the CITY'S funding.source de -obligates the funds allocated to fund this Agreement, the Department may terminate this Agreement upon not less than twenty-four (24) hours prior notice in writing to the ,i SUBRECIPIENT. Said notice shall be delivered by certified mail, return receipt requested, or by in person delivery with proof of delivery. In the event that the CITY'S funding source reduces the CITY'S entitlement under the CDBG r Program, the CITY shall determine, in its sole and absolute discretion, the availability of funds for the SLJBRECIPIENT pursuant to this Agreement. 9.3.2 Termination for Breach. The Department may terminate this Agreement, in whole or in part, in the event the Department determines, in its sole and absolute discretion, that the 25 03- 668 SUBRECIPIENT is not materially complying with any term or provision of this Agreement. The Department may terminate this Agreement, in whole or in part, in the event that the Department determines, in its sole and absolute discretion, that there exists an event of default under and pursuant to the terms of any other agreement or obligation of any kind or nature whatsoever of the SUBRECIPIENT to the CITY, direct or contingent, whether now or hereafter due, existing, created or arising. 9.3.3 Unless the SUBRECIPIENT'S breach is waived by the Department in writing, the Department may, by written notice to the SUBRECIPIENT, terminate this Agreement upon not less than twenty-four (24) hours prior written notice. Said notice shall be delivered by certified mail, return receipt requested, or by in person delivery with proof of delivery. Waiver of breach.of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. The provisions hereof are not intended to be, and shall not be, construed to limit the Department's right to legal or equitable remedies. ARTICLE X H MISCELLANEOUS PROVISIONS 10.1 INDEMNIFICATION. The SUBRECIPIENT shall pay and sa,4e the CITY harmless from and against any and all claims, liabilities, losses, and causes of action which may arise out of the SUBRECIPIENT'S activities related to the Work Program or otherwise under this Agreement, including all acts or omissions to act on the part of the SUBRECIPIENT and/or any 26 03- 668 persons acting for or on its behalf, and from and against any relevant orders, judgments, or decrees which may be entered against the CITY, and from and against all costs, attorney's fees, expenses, and liabilities incurred by the CITY in the defense or investigation of any such claims or other matters. 10.2 AMENDMENTS. No amendments to this Agreement shall be binding unless in writing and signed by both parties hereto. Budget modifications shall be approved by the Department in writing. 10.3 OWNERSHIP OF DOCUMENTS. All documents developed by the SUBRECIPIENT under this Agreement shall be delivered to the CITY upon completion of the activities required pursuant to this Agreement and shall become the property of the CITY, without restriction or limitation on their use if requested by the City. The SUBRECIPIENT agrees that all documents maintained and generated pursuant to this Agreement shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any document which is given by the CITY to the SUBRECIPIENT pursuant to this Agreement shall at all times remain the property of the CITY and shall not bet used by the SUBRECIPIENT for any other purpose whatsoever without the prior written consent of the CITY. 10.4 AWARD OF AGREEMENT. The SUBRECIPIENT warrants that is has not employed r , or retained any person employed by the CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by.. the CITY any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. 27 03— 668 10.5 NON-DELEGABILITY. The obligations undertaken by the SUBRECIPIENT pursuant to this Agreement shall not be delegated or assigned to any other person or firm, in whole or in part, without the CITY'S prior written consent which may be granted or withheld in the CITY'S sole discretion. 10.6 CONSTRUCTION OF AGREEMENT. This Agreement shall be construed and enforced according to the laws of the State of Florida. 10.7 CONFLICT OF INTEREST. 10.7.1 The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with CDBG Program funded activities has any personal financial interest, direct or indirect, in this Agreement. The SUBRECIPIENT further covenants that, in the performance of this Agreement, no person having such a conflicting interest shall be employed. Any such interest on the part of the SUBRECIPIENT or its employees must be disclosed in writing to.the CITY. 10.7.2 The S UBRECIPIENT i s aware o f t he c onflict o f i nterest 1 aws o f t he C ity o f Miami (City of Miami Code Chapter 2, Article V), Dade County, Florida (Dade County Code Section 2-11-1) and the State of Florida (Chapter 112, Florida Statutes), and agrees that it shall comply in all respects with the terms of the same. 10.7.3 Procurement. The SUBRECIPIENT shall comply with the standards contained within OMB Circular No. A-110. 10.7.4 In all other cases, the SUBRECIPIENT shall comply with t)le standards contained within 24 CFR 510.611 28 03— 668 10.8 NO O BLIGATION T O RENEW. Upon a xpiration o f t he t erm o f t his A greement, t he SUBRECIPIENT agrees and understands that the CITY has no obligation to renew this Agreement. 10.9 ENTIRE AGREEMENT: This instrument and its attachments constitute the only Agreement of the parties hereto relating to the CDBG Funds and sets forth the rights, duties, and obligations of each of the parties hereto to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 10.10 GENERA, CONDITIONS. 10.10.1 All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by in person delivery or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time, upon notice in writing. Such notice shall be deemed given on the day on which personally served, or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. Y CITY OF MIAMI Barbara Gomez -Rodriguez, Director Department of Community Development 444 Southwest 2nd Avenue, 2nd Floor ` Miami, Florida 33130 SUBRECIPIENT t Camacol Loan Fund, Inc. 1417 West Flagler Street Miami, Florida 331325 10.10.2 Title and paragraph headings are for convenient reference and are not a part of this Agreement. 29 63- 668 10.10.3 In the event of conflict between the terms of this Agreement and any terms or conditions c ontained i n any a ttached d ocuments, t he t erms i n t his A greement shall control. 10.10.4 No waiver of breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. 10.10.5 Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severed, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. 10.11 INDEPENDENT CONTRACTOR.. THE SUBRECIPIENT and its employees and agents shall be deemed to be independent contractors and not agents or employees of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY or any rights generally afforded classified or unclassified employees; further, they shall not be deemed entitled to the Florida Worker's Compensation benefits as employees of the CITY. It - 10.12 SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. 30 03.- 668 10.13 SUBRECIPIENT CERTIFICATION. The SUBRECIPIENT certifies that it possesses the legal authority to enter into this Agreement pursuant to authority that has been duly adopted or passed as an official act of the SUBRECIPIENT'S governing body,' authorizing the execution of the Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the SUBRECIPIENT to act in connection with this Agreement and to provide such information as may be required. SUBRECIPIENT Camacol Loan Fund, Inc. 1417 West Flagler Street Miami, Florida 33135 a State of Florida not-for-profit corporation ATTEST: Corporate Secreta Name and Title " JOSE ANTONIO FONT EXECUTIVE DIRECTOR ' CORPORATE SEAL ATTEST: By: Priscilla Thompson City Clerk r CITY OF MIAMI, a municipal Corporation of the State of Florida By: Joe Arriola City Manager 16 31 03-- 668 APPROVED AS TO INSURANCE REQUIREMENTS: BY: Diane Ericson Risk Management Administrator 32 APPROVED AS TO FORM AND CORRECTNESS: Bv: Alejandro Vilarello City Attorney 03--.668 r . 03--.668 AMENDINIENT #1 TO MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF MIAMI AND ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC. This Amendment to that certain Memorandum of Agreement between the City of Miami, a municipal corporation of the State of Florida ("City") and , Allapattah Business Development Authority, Inc., a Florida not for profit corporation (hereinafter(` -Sub -recipient") located at 2634 NW 21" Terrace, Miami, FL 33142, dated , is entered into this day of , 2003. RECITAL WHEREAS, pursuant to Resolution No. the City and Sub -recipient, entered into the Agreement which sets forth the terms and conditions pursuant to which the City provided to Sub -recipient the sum of Twelve thousand dollars ($12,000.00) to perform economic development activities; and WHEREAS, pursuant to Resolution No. passed and adopted by the City Commission on June 12, 2003, Sub -recipient was awarded additional funding in the amount of Twelve dollars ($12,00.00) for a total funding of One Hundred and Sixty two Thousand dollars ($162,000.00) to cover costs associated with the performance of economic development activities for the period of October 1, 2002 through September 30, 2003. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein set forth, the City and Sub -recipient hereby agree to amend the Agreement as follows: 1. Article 4.1, Section A of the Agreement is hereby amended to read as follows: The City shall pay the Sub -recipient, as maximum compensation for services required pursuant to this Agreement the sum of $162,000.00. 2. Except as specifically modified herein, the Agreement shall remain unchanged and in full force and effect. IN WITNESS THEREOF, the City and Sub -recipient have caused this instrument to be executed by their respective officials as of the date of the first above written. 03- 668 ATTEST: Allapattah Business Development Authority A State of Florida not-for-profit organization 613 N.W. 7TH Street Road Miami, Florida 33137 Corporate Secretary By: PRISCILLA A. THOMPSON City Clerk APPROVED AS TO FORM AND CORRECTNESS By: ALEJANDRO VILARELLO City Attorney an Title: CORPORATE SEAL CITY OF MIAMI, a municipal corporation of the State of Florida By: JOE ARRIOLA City Manager APPROVED AS TO INSURANCE REQUIREMENTS DIANE ERICSSON Risk Management Administrator 03-- 668 - CITY OF MIAMI, FLORIDA COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC DEVELOPMENT PROGRAMS AGREEMENT THIS AGREEMENT (hereinafter the "Agreement") is entered into this 23rd day of October, 2002, between the City of Miami, a municipal corporation of the State of Florida (hereinafter referred to as the "CITY"). and Allapattah Business Development Authority, Inc., a Florida not for profit corporation (hereinafter referred to as the "SUBRECIPIENT"). FUNDING SOURCE: Community Development Block Grant Funds AMOUNT: $150,000.00 TERM OF THE AGREEMENT: October 1, 2002 through September 30, 2003 IDIS NUMBER: 1305 SCI NUMBER: 799130-452827 ADDRESS: 2634 NW 21S` Terrace Miami, Florida 33142 NOW, THEREFORE, in consideration of the mutual covenants and obligations herein set forth, the parties understand and agree as follows: ARTICLE I EXHIBITS AND DEFINITIONS 1.1 EXHIBITS. Attached hereto and forming a part of this Agreement are the following Exhibits: Exhibit A Corporate Resolution Authorizing Execution of this Agreement. Exhibit B Work Program Exhibit C Budget Summary 03— 668 r, r - Exhibit D , Certification Regarding Lobbying Form. Exhibit E Certification Regarding Debarment, Suspension and other Responsibility Matters (Primary Covered Transactions Forni). Exhibit F Crime Entiry Affidavit 1.2 DEFINED TERMS. As used herein the following terms shall mean: Act or 24 CFR 570 Title I of the Housing and Community Development Act of 1974, as amended. Agreement Records: Any and all books, records, documents, information, data, papers, letters, materials, and computerized or electronic storage data and media, whether written, printed, computerized, electronic or electrical, however collected or preserved which is or was produced, developed, maintained, completed, received or compiled by or at the direction of the SUBRECIPIENT or any subcontractor in carrying out the duties and obligations required by the terms of this Agreement, including, but not limited to, financial books and records, ledgers, drawings, maps, pamphlets, designs, electronic tapes, computer drives and diskettes or surveys. CDBG Program: Community Development Block Grant Program. CDBG Requirements: The requirements contained in 24 CFR Part 570, Rule 9I of the Florida Administrative Code and as established by the City of Miami, Florida. Department: The City of Miami Department of Community Development. Federal Award: Any federal funds received by the SUBRECIPIENT from any source during the period of time in which the SUBRECIPIENT is performing the obligations set forth in this Agreement. Low- and -Moderate- Income A member of a low- or moderate -income family Person: whose income is within specific income levels set forth by U.S. HUD. 2 03- 668 U.S. HUD or HUD: The United States Department of Housing and Urban Development. ARTICLE II BASIC REQUIREMENTS The following documents must be approved by the CITY and must be on file with the Department prior to the CITY'S execution of this Agreement: 2.1 The Work Program submitted by the SUBRECIPIENT to the CITY which shall become attached hereto as Exhibit B to this Agreement and shall include the following: 2.1.1 The description section shall detail the activities to be carried out by the SUBRECIPIENT. It should specifically describe the activities to be carried out as a result of the expenditure of CDBG Funds. Where appropriate it should list measurable objectives, define the who, what, where and when of the project, and in general detail how these activities will ensure that the intended beneficiaries will be served. 2.1.2 The schedule of activities and measurable objectives plays an essential role in the grant management system. The schedule should provide projected milestones and deadlines for the accomplishment of tasks in carrying out the Work Program. These projected milestones and deadlines are a basis for measuring actual progress during the term of this Agreement. These items shall be in sufficient detail to provide a sound basis for the CITY to effectively monitor performance by the SUBRECIPIENT under this Agreement. 2.2 The Budget Summary attached hereto as Exhibit C, which shall include: completion of the SUBRECIPIENT' S Program/Itemized Budget/Expenditure Justification, Total Actual and Projected Funds Disclosure and Staff Salaries Schedule. 3 03- 668 r" 2.3 A list of tho SUBRECIPIENT'S present officers and members of the Board (names, addresses and telephone numbers). 2.4 A list of key staff persons (with their titles) who will carry out the Work Program. 2.5 Completion of an Authorized Representative Statement. 2.6 Completion of a Statement of Accounting System. 2.7 A copy of the SUBRECIPIENT' S corporate personnel policies and procedures. 2.8 Job description and resumes for all positions funded in whole or in part under this Agreement. 2.9 A letter of accepting the Office of Management and Budget ("OMB") Circular No.A-87 "Principles for Determining Costs Applicable to Grants and Agreements with State, Local and Federally recognized Indian Tribal Governments;" OMB Circular No. A-110, Attachments "A" (Cash Depositories), "B" (Bonding and Insurance), "C" (Retention and Custodial Requirements for Records), "F" (Standards for Financial Management Systems), "H" (Monitoring and Reporting Progress Performance), "N" (Property Management Standards), and "O" (Procurement Standards); OMB Circular Nos. A-122 and A-21: "Cost Principles for Non -Profit Organizations and Cost Principles for Educational Institutions," as modified by 24 CFR Section 570.502(a)(b); "Applicability of Uniform Administrative Requirements" of the CDBG Program Regulations Final Rule and Lead Based Paint Regulations 24 CFR Part 35. 2.10 Copy of the SUB RECIPIENT'S last federal income tax return (IRS Form 990). 2.11 The following corporate documents: 4 03.- 668 (i) (i) Bylaws, resolutions and incumbency certificates for the SUBRECIPIENT, certified by the SUBRECIPIENT'S Corporate Secretary, authorizing the consummation of the transactions contemplated hereby, all in a form satisfactory to the CITY. 2.12 All other documents reasonably required by the CITY. 2.13 ARTICLE III TERMS AND PROCEDURES 3.1 CITY AUTHORIZATION: For the purpose of this Agreement, the Department will act on behalf of the CITY in the fiscal control and programmatic monitoring of this Agreement, except as otherwise provided in this Agreement. 3.2 EFFECTIVE DATE AND TERM: This Agreement shall begin on October 1, 2002 and end on September 30, 2003. 3.3 OBLIGATIONS OF SUBRECIPIENT: The SUBRECIPIENT shall carry out the services and activities as prescribed in its Work Program, which is attached and incorporated herein and made a part of this Agreement, in a manner that is lawful, and satisfactory to the CITY, and in accordance with the written policies, procedures, and requirements as prescribed in this Agreement, and as set forth by HUD and the CITY. 3.4 POLICIES AND PROCEDURES MANUAL: The SUBRECIPIENT is aware of and accepts the "Policies and Procedures Manual for Community Development Block Grant Sub -recipients" as the official document which outlines 5 +03- 668 the fiscal, administrative and federal guidelines which shall regulate the day-to-day operations of the SUBRECIPIENT. The "Policies and Procedures Manual for Community Development Block Grant Sub -recipients" is incorporated herein and made a part of this Agreement. 3.5 LEVEL OF SERVICE: Should start-up time for the Work Program be required or in the event of the occurrence of any delays in the activities thereunder, the SUBRECIPIENT shall immediately notify the Department in writing, giving all pertinent details and indicating when the Work Program shall begin and/or continue. It is understood and agreed that the SUBRECIPIENT shall maintain the level of activities and expenditures in existence prior to the execution of this Agreement. Any activities funded through or as a result of this Agreement shall not result in the displacement of employed workers, impair existing agreements for services or activities, or result in the substitution 'of funds allocated under this Agreement for other funds in connection with work which would have been performed in the absence of this Agreement. ARTICLE IV CDBG FUNDING AND DISBURSEMENT REQUIREMENTS 4.1 COMPENSATION A. The CITY shall pay the SUBRECIPIENT, as maximum compensation for the services required pursuant to this Agreement the sum of $150,000.00. B. During the term hereof and for a period of three (3) years following the date of the last payment made hereunder, the CITY shall have the right to review and audit the time records and related records of the SUBRECIPIENT pertaining to any payments by the CITY. 6 03- 668 C. All payments shall be reimbursements for expenditures incurred only during the term of this Agreement, and in compliance with the previously approved program line -item Itemized Budget. Each written request for payment/reimbursement shall contain a statement declaring and affirming that all expenditures were made in accordance with the approved budget. All documentation in support of each request shall be subject to approval by the CITY at the time the request is made and all invoices are required to be paid by the SUBRECIPIENT prior to submission. All reimbursements must be in line -item form and be in accord with this Agreement. All expenditures must be verified by the original invoice with a copy of the check which was used to pay that specific invoice. Within 60 days of submitting each reimbursement request, copies of the canceled checks evidencing the payments by the SUBRECIPIENT for which reimbursement has been requested shall be submitted. In the event 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. No miscellaneous categories shall be accepted as a line -item in the budget. A maximum of two (2) requests for line -item changes are allowable, with prior review and approval by the CITY. All line -item changes must be made sixty (60) days prior to the end of the term of the Agreement. D. Requests for payment should be made at least on a monthly basis. Reimbursement requests should be submitted to the CITY within thirty (30) calendar days after the indebtedness has been incurred. Failure to comply with these time frames for requesting reimbursement/payment may result in the 7 03- 668 rejection of those invoices within the reimbursement package which do not meet these requirements. E. The SUBRECIPIENT must submit the final request for payment to the CITY within 30 calendar days following the expiration date or termination date of this Agreement. If the SUBRECIPIENT fails to comply with this requirement, the SUBRECIPIENT shall forfeit all rights to payment and the CITY shall not honor any request submitted thereafter. F. Any payment due under this Agreement may be withheld pending the receipt and approval by the CITY of all reports due from the SUBRECIPIENT as a part of this Agreement and any modifications thereto. 4.2 BONDING AND INSURANCE: At all times during the term hereof, the SUBRECIPIENT shall maintain insurance and bonding coverage acceptable to the CITY. Prior to commencing any activity under this Agreement, the SUBRECIPIENT shall furnish to the CITY original certificates of insurance and bonding indicating that the SUBRECIPIENT is in compliance with the provisions of this Article. 4.2.1 The SUBRECIPIENT shall provide the following coverage: (i) Comprehensive General Liability and umbrella liability coverage in an amount not less than $500,000.00 per person per occurrence, protecting the CITY and the SUBRECIPIENT against liability incidental to the use of, or resulting from an accident occurring on or about, its property, including coverage for: (a) fire, explosion, collapse and underground hazards, completed operations and independent contractors, and (b) 8 03- 668 automobile liability for all owned vehicles, as well as coverage for non - owned and hired automobiles. (ii) Workers' compensation insurance as required by the laws of the State of Florida. (iii) Flood insurance, if applicable, in such amount as may be required by the CITY. (iv) A bid bond or performance bond in such form as may be required by the CITY. 4.2.2 Fidelity bonding for all persons handling funds received or disbursed under this Agreement in an amount equal to or greater than the amount of the grant of funds hereunder. The CITY shall be named as Loss Payee. 4.2.3 All such insurance shall insure the CITY as the primary additional insured, with a loss payable clause in favor of the CITY. The SUBRECIPIENT shall be required to furnish evidence of any other insurance coverage the CITY may reasonably require during the term of this Agreement. All such policies shall require the insurance carrier to give the CITY at least 30 days prior written notice of termination, cancellation, expiration or modification., and all such policies shall be written by insurance companies satisfactory to the CITY. There shall be no exclusions in such policies that override the CITY'S coverage. 4.2.4 Compliance with the foregoing requirements shall not relieve the SUBRECIPIENT of its liability and obligations under this section or under any other section of this Agreement 9 63- 668 4.3 FR ANCIAL ACCOUNTABILITY: The CITY reserves the right to audit the records of the SUBRECIPIENT at any time during the performance of this Agreement and for a period of three years after its expiration/termination. The SUBRECIPIENT agrees to provide all financial and other applicable records and documentation of services to the CITY. Any payment made shall be subject to reduction for amounts included in the related invoice which are found by the CITY, on the basis of such audit, not to constitute allowable expenditures. Any payments made to the SUBRECIPIENT are subject to reduction for overpayments on previously submitted invoices. 4.4 RECAPTURE OF FUNDS: The CITY reserves the right to recapture funds in the event that the SUBRECIPIENT shall fail: (i) to comply with the terms of this Agreement, or (ii) to accept conditions imposed by the CITY at the direction of the federal, state and local agencies. 4.5 CONTINGENCY CLAUSE: Funding pursuant to this Agreement is contingent on the availability of funds and continued authorization for CDBG Program activities, and is also subject to amendment or termination due to lack of funds or authorization, reduction of funds, and/or changes in regulations. ARTICLE V AUDIT 5.1 As a necessary part of this Agreement, the SUBRECIPIENT shall adhere to the following audit requirements: 5.1.1 If the SUBRECIPIENT expends $300,000 or more in the fiscal year it shall have a single audit or program specific audit conducted for that year. The audit shall 10 63- 668 be c:;nducted in accordance with GAGAS and OMB Circular A-133. The audit shall determine whether the financial statements are presented fairly in all material respects in conformity with generally accepted accounting principles. In addition to the above requirements, the auditor shall perform procedures to obtain an understanding of internal controls and perform sufficient testing to ensure compliance with the procedures. Further the auditor shall determine whether the SUBR.ECIPIENT has complied with laws, regulations and the provisions of this Agreement. A reporting package shall be submitted within the earlier of 30 days after receipt of the auditor's report(s) or nine (9) months after the end of the audit period. The reporting package will include the certified financial statements and schedule of expenditures of Federal Awards; a summary schedule of prior audit findings; the auditor's report and the corrective action plan. The auditor's report shall include: a) an opinion (or disclaimer of opinion) as to whether the financial statements are presented fairly in all material respects in conformity with generally accepted principles and an opinion (or disclaimer of opinion) as to whether the schedule of expenditures of Federal Awards is presented fairly in all material respects in relation to the financial statements taken as a whole. b) a report on internal controls related to the financial statements and major programs. This report shall describe the scope of testing of internal controls and the results of the test, and, where applicable, refer to the separate schedule of findings and questioned costs. 11 03- 668 c) a'report on compliance with laws, regulations, and the provisions of contracts and/or this Agreement, noncompliance with which could have a material effect on the financial statements. This report shall also include an opinion (or disclaimer of opinion) as to whether the SUBRECIPIENT complied with the laws, regulations, and the provisions of contracts and this Agreement which could have a direct and material effect on the program and, where applicable, refer to the separate schedule of findings and questioned costs. d) a schedule of findings and questioned cost which shall include the requirements of OMB Circular A-133. 5.1.2 If the SUBRECIPIENT expends less than $300,000 in the fiscal year it is exempted from Federal audit requirements for that year and consequently the audit cost is not a reimbursable expense. The City, however, may request the SUBRECIPIENT to have a limited scope audit for monitoring purposes. These limited scope audits will be paid for and arranged by the City and address only one or more of the following types of compliance requirements: activities allowed or unallowed; allowable costs/cost principles; eligibility; matching, level of effort, earmarking; and, reporting. All reports presented to the City shall, where applicable, include sufficient information to provide a proper perspective for judging the prevalence and consequences of the findings, such as whether an audit finding represents an isolated instance or a systemic problem. Where appropriate, instances identified shall be related to the universe and the number of cases examined and quantified in terms of dollar value. 12 03- 668 r I ARTICLE VI RECORDS AND REPORTS 6.1 The SUBRECIPIENT shall establish and maintain sufficient records to enable the CITY to determine whether the SUBRECIPIENT has met the requirements of the CDBG Program. At a minimum, the following records shall be maintained by the SUBRECIPIENT: 6.1.1 Records providing a full description of each activity assisted (or being assisted) with CDBG Funds, including its location (if the activity has a geographical locus), the amount of CDBG Funds budgeted, obligated and expended for the activity, and the specific provision in 24 CFR Subpart C of the CDBG Program regulations under which the activity is eligible. 6.1.2 Records demonstrating that each activity undertaken meets one of the criteria set forth in 24 CFR 570.208 of the CDBG Program regulations. Where information on income by family size is required, the SUBRECIPIENT may substitute evidence establishing that the person assisted qualified under another program having income qualification criteria at least as restrictive as that used in the definitions of "low- and moderate -income person" and "low- and moderate - income household" as set forth in 24 CFR 570.3; or, the SUBRECIPIENT may substitute a copy of a verifiable certification from the assisted person that his or her family income does not exceed the applicable income limit established in accordance with 24 CFR 570.3; or, the SUBRECIPIENT may substitute a notice that the assisted person is a referral from any governmental agency that determines persons to be "low- and moderate -income persons" based upon 13 03- 668 HUD's criteria and agrees to maintain documentation supporting those determinations. Such records shall include the following information: (i) For each activity determined to benefit low- and moderate -income persons, the income limits applied and the point in time when the benefit was determined. (ii) For each activity determined to benefit low- and moderate -income persons based on the area served by the activity: (a) The boundaries of the service area; (b) The income characteristics of families and unrelated individuals in the service area; and (c) If the percent of low- and moderate -income persons in the service area is less than 51 percent, data showing that the area qualifies under the exception criteria set forth in 24 CFR 570.208(a)(1)(ii); (iii) For each activity determined to benefit low- and moderate -income persons because the activity involves a facility or service designed for use by a limited clientele consisting exclusively or predominantly of low- and moderate -income persons: (a) Documentation establishing that the facility or service is designed for and used by senior citizens, disabled persons, battered spouses, abused children, the homeless, illiterate persons, or migrant farm workers, for which the regulations provide presumptive benefit to low- and moderate -income persons; or 14 03- 668 (b) Documentation describing how the nature and, if applicable, the location of the facility or service establishes that it is used predominantly by low- and moderate -income persons; or (c) Data showing the size and annual income of the family of each person receiving the benefit. 6.1.3 Equal Opportunity Records containing: (i) Data on the extent to which each racial and ethnic group and single - headed households (by gender of household head) have applied for, participated in, or benefited from, any program or activity funded in whole or in part with CDBG Funds. Such information shall be used only as a basis for further investigation relating to compliance with any requirement to attain or maintain any particular statistical measure by race, ethnicity, or gender in covered programs. (ii) . Documentation of actions undertaken to meet the requirements of 24 CFR 570.607(b) which implements Section 3 of the Housing Development Act of 1968, as amended (12 U.S.C. 1701U) relative to the hiring and training of low- and moderate -income persons and the use of local businesses. 6.1.4 Financial records, in accordance with the applicable requirements listed in 24 CFR 570.502. Records required to be maintained in accordance with other applicable laws and regulations set forth in Subpart K of 24 CFR. 15 03- 668 r•- 6.2 RETENTION AND ACCESSIBILITY OF RECORDS: 6.2.1 The Department shall have the authority to review the SUBRECIPIENT'S records, including Project and programmatic records and books of account, for a period of three (3) years from the expiration/termination of this Agreement (the "Retention Period"). All books of account and supporting documentation shall be kept by the SUBRECIPIENT at least until the expiration of the Retention Period. The SUBRECIPIENT shall maintain records sufficient to meet the requirements of 24 CFR 570. All records and reports required herein shall be retained and made accessible as provided thereunder. The SUBRECIPIENT further agrees to abide by Chapter 119, Florida Statutes, as the same may be amended from time to time, pertaining to public records. The SUBRECIPIENT shall ensure that the Agreement Records shall be at all times subject to and available for full access and review, inspection and audit by the CITY, federal personnel and any other personnel duly authorized by the CITY. 6.2.2 The SUBRECIPIENT shall include in all the Department approved subcontracts used to engage subcontractors to carry out any eligible substantive project or programmatic activities, as such activities are described in this Agreement and defined by the Department, each of the record-keeping and audit requirements detailed in this Agreement. The Department shall in its sole discretion determine when services are eligible substantive project and/or programmatic activities and subject to the audit and record-keeping requirements described in this Agreement 03- 668 16 6.2.3 If the CITY or the SUBRECIPIENT has received or given notice of any kind indicating any threatened or pending litigation, claim or audit arising out of the activities pursuant to the project, the activities and/or the Work Program or under the terms of this Agreement, the Retention Period shall be extended until such time as the threatened or pending litigation, claim or audit is, in the sole and absolute discretion of the Department fully, completely and finally resolved. 6.2.4 The SUBRECIPIENT shall notify the Department in writing both during the pendency of this Agreement and after its expiration/termination as part of the final closeout procedure, of the address where all Agreement Records will be retained. 6.2.5 The SUBRECIPIENT shall obtain the prior written consent of the Department to the disposal of any Agreement Records within one year after the expiration of the Retention Period. 6.3 PROVISION OF RECORDS: 6.3.1 At any time upon request by the Department, the SUBRECIPIENT shall provide all Agreement Records to the Department. The requested Agreement Records shall become the property of the Department without restriction, reservation, or limitation on their use. The Department shall have unlimited rights to all books, articles, or other copyrightable materials developed in the performance of this Agreement. These rights include the right of royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use the Work Program for public purposes. 6.3.2 If the SUBRECIPIENT receives funds from, or is under regulatory control of other governmental agencies, and those agencies issue monitoring reports, 17 03- 668 regulatory examinations, or other similar reports, the SUBRECIPIENT shall provide a copy of each such report and any follow-up communications and reports to the Department immediately upon such issuance, unless such disclosure would be prohibited by any such issuing agency. 6.4 MONITORING: The SUBRECIPIENT shall permit the Department and other persons duly authorized by the Department to inspect all Agreement Records, facilities, goods, and activities of the SUBRECIPIENT which are in any way connected to the activities undertaken pursuant to the terms of this Agreement, and/or interview any clients, employees, subcontractors or assignees of the SUBRECIPIENT. Following such inspection or interviews, the Department will deliver to the SUBRECIPIENT a report of its findings. The SUBRECIPIENT will rectify all deficiencies cited by the Department within the specified period of time set forth in the report or provide the Department with a reasonable justification for not correcting the same. The Department will determine in its sole and absolute discretion whether or not the SUBRECIPIENT'S justification is acceptable. At the request of the CITY, the SUBRECIPIENT shall transmit to the CITY written statements of the SUBRECIPIENT's official policies on specified issues relating to the SUBRECIPIENT's activities. The CITY will carry out monitoring and evaluation activities, including visits and observations by CITY staff; the SUBRECIPIENT shall ensure the cooperation of its employees and its Board members in such efforts. Any inconsistent, incomplete, or inadequate information either received by the CITY or obtained through monitoring and evaluation by the CITY, shall constitute cause for the CITY to terminate this Agreement. 18 03- 668 6.5 RELATED PARTIES: The SUBRECIPIENT shall report to the Department the name, purpose for and any and all other relevant information in connection with any related -party transaction. The term "related -party transaction" includes, but is not limited to, a for-profit or nonprofit subsidiary or affiliate organization, an organization with an overlapping Board of Directors and an organization for which the SUBRECIPIENT is responsible for appointing memberships. The SUBRECIPIENT shall report this information to the Department upon forming the relationship, or if already formed, shall report such relationship prior to or simultaneously with the execution of this Agreement. Any supplemental information shall be promptly reported to the Department. ARTICLE VII OTHER CDBG PROGRAM REQUIREMENTS 7.1 The SUBRECIPIENT shall maintain current documentation that its activities are CDBG eligible in accordance with 24 CFR Part 570.201. 7.2 The SUBRECIPIENT shall ensure and maintain documentation that conclusively demonstrates that each activity assisted in whole or in part with CDBG Funds is an activity which provides benefit to low and moderate -income persons. 7.3 The SUBRECIPIENT shall comply with all applicable provisions of 24 CFR Part 570 and shall carry out each activity in compliance with all applicable federal laws and regulations described therein. 7.4 The SUBRECIPIENT shall cooperate with the Department in informing the appropriate citizen participation structures, including the appropriate area committees, of the activities of the SUBRECIPIENT in adhering to the provisions of this Agreement. Representatives of the 19 63- 668 SUBRECIPIENT shtill attend meetings of the appropriate committees and citizen participation structures upon the request of the citizen participation officers or the Department. 7.5 The SUBRECIPIENT shall, to the greatest possible, give low -and -moderate -income residents of the service areas opportunities for training and employment. 7.6 SUBRECIPIENT shall use the funds to carry out commercial rehabilitation activities eligible under 570.202(a)(3), and to provide technical assistance to private for-profit businesses, eligible under 570.203 (b) Attachments 1.2(a) and 1.2(b). No other activities will be funded under this Agreement, unless Work Program is amended in writing by mutual agreement. 7.7 SUBRECIPIENT shall carry out its Work Program in compliance with all Federal laws and regulations, described in Subpart K of the CDBG Program regulation (24 CFR 570.600- 612), which by this reference, is incorporated into and made a part of this Agreement. 7.8 SUBRECIPIENT shall not assume the CITY'S environmental responsibilities described in 24 CFR 570.604, of the CDBG Program regulations, and the CITY'S responsibility for initiating the review process under Executive Order 12372. 7.9 NON-DISCRIMINATION: The SUBRECIPIENT shall not discriminate on the basis of race, color, national origin, sex, religion, age, marital or family status or handicap in connection with the activities and/or the Work Program or its performance under this Agreement. Furthermore, the SUBRECIPIENT agrees that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, creed, national origin, age, marital status or handicap, be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 63- 668 KCI r 7.10 The SUBRECIPIENT shall carry out its Work Program in compliance with all federal laws and regulations, including those described in Subpart K of the CDBG Program regulations (24 CFR 570.600-612). 7.11 The SUBRECIPIENT shall comply with Davis -Bacon Act wage requirements on all construction, rehabilitation and other labor and work funded by the CITY in excess of $2,000. 7.12 The SUBRECIPIENT shall abide by the Federal Labor Standards provisions of U.S. HUD Form 4010 incorporated herein as part of this Agreement. 7.13 UNIFORM ADMINISTRATIVE REOUIREMENTS. The SUBRECIPIENT shall comply with the requirements and standards of OMB Circular No. A-122, "Cost Principles for Non -Profit Organizations" and with the applicable requirements of 24 CFR Part 84 (the revised OMB Circular No. A-110). 7.14 RELIGIOUS ORGANIZATIONS/CONSTITUTIONAL PROHIBITION. If the SUBRECIPIENT is or was created by a religious organization, the SUBRECIPIENT agrees that all CDBG Funds disbursed under this Agreement shall be subject to the conditions, restrictions, and limitations of 24 CFR Part 570.2000). In accordance with the First Amendment of the United States Constitution, particularly regarding the relationship between church and State, as a general rule, CDBG assistance may not be used for religious activities or provided to primarily religious entities for any activities, including secular activities, as provided in 24 CFR Part 570.2000). The SUBRECIPIENT shall comply with those requirements and prohibitions when entering into subcontracts. 7.15 REVERSION OF ASSETS. Upon expiration/termination of this Agreement, the SUBRECIPIENT must transfer to the CITY any CDBG Funds on hand at the time of expiration/termination and any accounts receivable attributable to the use of CDBG Funds. 21 63- 668 /" 7.16 ENFORCEMENT OF THIS AGREEMENT. Any violation of this Agreement that remains uncured thirty (30) days after the SUBRECIPIENT'S receipt of notice from the CITY (by certified or registered mail) of such violation may, at the option of the CITY, be addressed by an action for damages or equitable relief, or any other remedy provided at law or in equity. In addition to the remedies of the CITY set forth herein, if the SUBRECIPIENT materially fails to comply with the terms of this Agreement, the CITY may suspend or terminate this Agreement in accordance with 24 CFR Part 85.43, as set forth more fully below in Article IX of this Agreement. 7.17 The SUBRECIPIENT shall not assume the CITY's environmental responsibilities described at 24 CFR 570.604 of the CDBG Program regulations nor the CITY's responsibility for initiating the review process under Executive Order 12372. ARTICLE VIII PROGRAM INCOME 8.1 Program income means gross income received by the SUBRECIPIENT which has been directly generated from the use of the CDBG Funds. When such income is generated by an activity that is only partially assisted with the CDBG Funds, the income shall be prorated to reflect the percentage of CDBG Funds used. Program income generated by CDBG funded activities shall be used only to undertake those activities specifically approved by the CITY on and for the Work Program. All provisions of this Agreement shall apply to such activities. Any program income on hand when this Agreement expires/terminates or received after such expiration/termination shall be paid to the CITY, as required by 24 CFR 570.503(b)(8) of the CDBG Program regulations. 22 03 668 The SUBRECIPIENT shall submit to the CITY monthly a Program Income Report and a Work Program Status Report. The Program Income Report shall identify CDBG activities in which income was derived and how income has been utilized. 8.2 REPAYMENTS. Any interest or other return on the investment of the CDBG Funds shall be remitted to the CITY on a monthly basis. Any CDBG Funds funded to the SUBRECIPIENT that do not meet the eligibility requirements, as applicable, must be repaid to the CITY. ARTICLE IX REMEDIES, SUSPENSION, TERMINATION 9.1 REMEDIES FOR NONCOMPLIANCE. The CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to this Agreement without penalty to the CITY. In that event, notice of termination of this Agreement shall be in writing to the SUBRECIPIENT, who shall be paid for those services performed prior to the date of its receipt to the notice of termination. In no case, however, shall the CITY pay the SUBRECIPIENT an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the CITY and the SUBRECIPIENT that any payment made in accordance with this Agreement to the SUBRECIPIENT shall be made only if the SUBRECIPIENT is not in default under the terms of this Agreement. If the SUBRECIPIENT is in default, the CITY shall not be obligated and shall not pay to the SUBRECIPIENT any sum whatsoever. If the SUBRECIPIENT materially fails to comply with any term of this Agreement, the CITY may take one or more of the following courses of action: 23 03- 668 9.1.1 , Teitporarily withhold cash payments pending correction of the deficiency by the SUBRECIPIENT, or such more severe enforcement action as the CITY determines is necessary or appropriate. 9.1.2 Disallow (that is, deny both the use of funds and matching credit) for all or part of the cost of the activity or action not in compliance. 9.1.3 Wholly or partly suspend or terminate the current CDBG Funds awarded to the SUBRECIPIENT. 9.1.4 Withhold further CDBG grants and/or loans for the SUBRECIPIENT. 9.1.5 Take all such other remedies that may be legally available. 9.2 SUSPENSION: 9.2.1 The Department may, for reasonable cause temporarily suspend the SUBRECIPIENT' S operations and authority to obligate funds under this Agreement or withhold payments to the SUBRECIPIENT pending necessary corrective action by the SUBRECIPIENT, or both. Reasonable cause shall be determined by the Department in its sole and absolute discretion, and may include: (i) Ineffective or improper use of the CDBG Funds by the SUBRECIPIENT; (ii) Failure by the SUBRECIPIENT to materially comply with any term or provision of this Agreement; (iii) Failure by the SUBRECIPIENT to submit any documents required by this Agreement; or (iv) The SUBRECIPIENT'S submittal of incorrect or incomplete documents. 24 03— 668 9.2.2 The Department may at any time suspend the SUBRECIPIENT' S authority to obligate funds, withhold payments, or both. 9.2.3 The actions described in paragraphs 9.2.1 and 9.2.2 above may be applied to all or any part of the activities funded by this Agreement. 9.2.4 The Department will notify the SUBRECIPIENT in writing of any action taken pursuant to this Article, by certified mail, return receipt requested, or by in person delivery with proof of delivery. The notification will include the reason(s) for such action, any conditions relating to the action taken, and the necessary corrective action(s). 9.3 TERMINATION: 9.3.1 Termination Because of Lack of Funds. In the event the CITY does not receive funds to finance this Agreement from its funding source, or in the event that the CITY'S funding source de -obligates the funds allocated to fund this Agreement, the Department may terminate this Agreement upon not less than twenty-four (24) hours prior notice in writing to the SUBRECIPIENT. Said notice shall be delivered by certified mail, return receipt requested, or by in person delivery with proof of delivery. In the event that the CITY'S funding source reduces the CITY'S entitlement under the CDBG Program, the CITY shall determine, in its sole and absolute discretion, the availability of funds for the SUBRECIPIENT pursuant to this Agreement. 9.3.2 Termination for Breach. The Department may terminate this Agreement, in whole or in part, in the event the Department determines, in its sole and absolute discretion, that the 25 63- 668 SUBI2ECIPIENT is not materially complying with any term or provision of this Agreement. The Department may terminate this Agreement, in whole or in part, in the event that the Department determines, in its sole and absolute discretion, that there exists an event of default under and pursuant to the terms of any other agreement or obligation of any kind or nature whatsoever of the SUBRECIPIENT to the CITY, direct or contingent, whether now or hereafter due, existing, created or arising. 9.3.3 Unless the SUBRECIPIENT' S breach is waived by the Department in writing, the Department may, by written notice to the SUBRECIPIENT, terminate this Agreement upon not less than twenty-four (24) hours prior written notice. Said notice shall be delivered by certified mail, return receipt requested, or by in person delivery with proof of delivery. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. The provisions hereof are not intended to be, and shall not be, construed to limit the Department's right to legal or equitable remedies. ARTICLE X MISCELLANEOUS PROVISIONS 10.1 INDEMNIFICATION. The SUBRECIPIENT shall pay and save the CITY harmless from and against any and all claims, liabilities, losses, and causes of action which may arise out of the SUBRECIPIENT'S activities related to the Work Program or otherwise under this Agreement, including all acts or omissions to act on the part of the SUBRECIPIENT and/or any 3- 668 26 persons acting for for on its behalf, and from and against any relevant orders, judgments, or decrees which may be entered against the CITY, and from and against all costs, attorney's fees, expenses, and liabilities incurred by the CITY in the defense or investigation of any such claims or other matters. 10.2 AMENDMENTS. No amendments to this Agreement shall be binding unless in writing and signed by both parties hereto. Budget modifications shall be approved by the Department in writing. 10.3 OWNERSHIP OF DOCUMENTS. All documents developed by the SUBRECIPIENT under this Agreement shall be delivered to the CITY upon completion of the activities required pursuant to this Agreement and shall become the property of the CITY, without restriction or limitation on their use if requested by the City. The SUBRECIPIENT agrees that all documents maintained and generated pursuant to this Agreement shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any document which is given by the CITY to the SUBRECIPIENT pursuant to this Agreement shall at all times remain the property of the CITY and shall not be used by the SUBRECIPIENT for any other purpose whatsoever without the prior written consent of the CITY. 10.4 "AWARD OF AGREEMENT. The SUBRECIPIENT warrants that is has not employed or retained any person employed by the CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by the CITY any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. 27 03- 668 10.5 NON-DELEGABILITY. The obligations undertaken by the SUBRECIPIENT pursuant to this Agreement shall not be delegated or assigned to any other person or firm, in whole or in part, without the CITY'S prior written consent which may be granted or withheld in the CITY'S sole discretion. 10.6 CONSTRUCTION OF AGREEMENT. This Agreement shall be construed and enforced according to the laws of the State of Florida. 10.7 CONFLICT OF INTEREST. 10.7.1 The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with CDBG Program funded activities has any personal financial interest, direct or indirect, in this Agreement. The SUBRECIPIENT further covenants that, in the performance of this Agreement, no person having such a conflicting interest shall be employed. Any such interest on the part of the SUBRECIPIENT or its employees must be disclosed in writing to the CITY. 10.7.2 The SUBRECIPIENT is aware of the conflict of interest laws of the City of Miami (City of Miami Code Chapter 2, Article V), Dade County, Florida (Dade County Code Section 2-11-1) and the State of Florida (Chapter 112, Florida Statutes), and agrees that it shall comply in all respects with the terms of the same. 10.7.3 Procurement. The SUBRECIPIENT shall comply with the standards contained within OMB Circular No. A-110. 10.7.4 In all other cases, the SUBRECIPIENT shall comply with the standards contained within 24 CFR 510.611 28 03-- 668 10.8 NO OBLIGATION TO RENEW. Upon expiration of the term of this Agreement, the SUBRECIPIENT agrees and understands that the CITY has no obligation to renew this Agreement. 10.9 ENTIRE AGREEMENT: This instrument and its attachments constitute the only Agreement of the parties hereto relating to the CDBG Funds and sets forth the rights, duties, and obligations of each of the parties hereto to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 10.10 GENERAL CONDITIONS. 10.10.1 All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by in person delivery or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time, upon notice in writing. Such notice shall be deemed given on the day on which personally served, or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI Dan Fernandes, Acting Director Department of Community Development 444 Southwest 2"d Avenue, 2"d Floor Miami, Florida 33130 SUBRECIPIENT Allapattah Business Development Authority, Inc. 2634 N.W. 21St Terrace Miami, Florida 33142 10.10.2 Title and paragraph headings are for convenient reference and are not a part of this Agreement. 29 63- 668 ,r - 10.10.3 In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall control. 10. 10.4 No waiver of breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. 10.10.5 Should any provision, paragraph, sentence, word or phrase contained. in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severed, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. 10.11 INDEPENDENT CONTRACTOR.. THE SUBRECIPIENT and its employees and agents shall be deemed to be independent contractors and not agents or employees of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY or any rights generally afforded classified or unclassified employees; further, they shall not be deemed entitled to the Florida Worker's Compensation benefits as employees of the CITY. 10.12 SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. 30 03- 668 f`'- 10.13 SUBRECIPIENT CERTIFICATION. The SUBRECIPIENT certifies that it possesses the legal authority to enter into this Agreement pursuant to authority that has been duly adopted or passed as an official act of the SUBRECIPIENT'S governing body, authorizing the execution of the Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the SUBRECIPIENT to act in connection with this Agreement and to provide such information as may be required. ATTEST: Corp ate Secretary 818 0 �L ATTEST: r Priscilla A. Thompson City Clerk APPROVED AS TO 72'NRE REME Prank K. Roll on Assistant City Manager SUBRECIPIENT Allapattah Business Development Authority, Inc. 2634 N.W. 21" Terrace Miami, Florida 3314 a Florida not-for-nrofi comoration 31 SEAL CITY OF MIAMI, a municipal Corporation of the State of Florida B. _ ne City an ger 03— CON TO FROM CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM e Honorable yo d e bers of a City Commis on je�n ola City Manager DATE: JUN _ 3 2003 FILE: Allocation of 28th Year CDBG SUBJECT: Funds to Camacol Loan Fund, Inc. and ABDA REFERENCES: City Commission Agenda ENCLOSURES: June 12, 2003 RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached resolution transferring 28th Year Community Development Block Grant (CDBG) Program funds from the District 1 Economic Development Pilot Projects reserve fund in the amount of $15,000 to Camacol Loan Fund, Inc. for underwriting their Commercial Loan Program and $12,000 to Allapattah Business Development Authority, Inc. for economic development activities for the 28'' Program Year beginning October 1, 2002; and further authorizing the City Manager to amend existing agreements with said agencies for said purposes, in a form acceptable to the City Attorney, subject to applicable City Code provisions. BACKGROUND: On July 25, 2002, the City Commission adopted Resolution No. 02-879, including the initial set aside of $177,000 of 28h Program Year Community Development Block Grant (CDBG) funds for District 1 Economic Development Pilot Projects to be identified at a future date. Resolution Nos. 02-1133 and 03-271, adopted and passed on October 10, 2002 and March 25, 2003, respectively, allocated a total of $150,000 from the reserve fund to specific agencies, leaving a balance of $27,000 in the District 1 Economic Development Pilot Projects reserve fund. Agency / Activity Amount District 1 Economic Development Pilot Projects reserve $ 27,000 Camacol Loan Fund, Inc. $ 15,000 Alla attah Business Development Authority, Inc. $ 12,000 It is recommended that the City Commission adopt the attached Resolution transferring 28th Year Community Development Block Grant (CDBG) Program funds from the District 1 Economic Development Pilot Projects reserve fund in the amount of $15,000 to Camacol Loan Fund, Inc. for underwriting their Commercial Loan Program and $12,000 to Alla Rattah Business Development Authority, Inc. for economic development activities for the 28 Program Year beginning October 1, 2002; and further authorizing the City Manager to amend existing agreements with said agencies for said purposes, in a form acceptable to the City Attorney, subject to applicable City Code provisions. The proposed Resolution re -allocates CDBG grant funds and does not have a budgetary iWR the General Fund. L 03- 668 J-02-693 7/24/02 RESOLUTION N0. A 9 — R7 9 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 02-774, ADOPTED AT THE SPECIAL CITY COMMISSION MEETING HELD ON JULY 8, 2002, RELATING TO THE ALLOCATION OF $2,223,400 OF THE 28T" YEAR COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM FUNDS, IN THE ECONOMIC DEVELOPMENT CATEGORY, BY ALLOCATING $400,000 TO SPECIFIC AGENCIES LISTED HEREIN THAT ARE PROVIDING ECONOMIC DEVELOPMENT SERVICES IN DISTRICT 2 FOR THE 28TH PROGRAM YEAR BEGINNING OCTOBER 1, 2002; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE SPECIFIC AGENCIES FOR SAID PURPOSE, SUBJECT TO APPLICABLE CITY CODE PROVISIONS. WHEREAS, federal regulations require the City to provide an opportunity for citizen participation in the planning process for U. S. Department of Housing & Urban Development ("HUD") related grant activities; and WHEREAS, a series of public hearings were held in each City Commission District to solicit public participation in the planning process for its HUD related grant activities; and JU L 2 5 2002 Aesolution No. A R _. WHEREAS, the City of Miami conducted a Request for Proposal process to solicit proposals from agencies providing economic development service activities to City of Miami residents; and WHEREAS, a public hearing was duly advertised to provide public notice regarding the proposed use for said grant funds; and WHEREAS, at the Special City Commission Meeting held on July 8, 2002, the City Commission adopted Resolution No. 02-774, relating to the allocation to several agencies of $2,223,400 of the 28th Year Community Development Block Grant ("CDBG") Program funds in the category of Economic Development; and WHEREAS, specific allocations to some agencies providing Economic Development activities in District 2, with the available allocation of $400,000, were not identified at the July 8, 2002 Special City Commission meeting. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference and incorporated herein as if fully set forth in this Section. '► 3 Page 2 of 5 Section 2. Section 2 of Resolution No. 02-774, adopted July 8, 2002, allocating $2,223,400 of the 28th Year Community Development Block Grant ("CDBG") funds, in the Economic Development Category by City Commission District, is amended in the following particulars::/ "RESOLUTION NO. 02-774 "District 1 (HUD formula allocation distribution - 20%): enc Amount Allapattah Business Development Authority, Inc $150,000 District 1 Economic Development Pilot Projects 177,000 Total District 1 Allocation (20%) $327,000 District 2 (HUD formula allocation distribution - 16$): BiseEiee 2 Beeple epment Prejee`- $-499,989 Downtown Miami Partnership, Inc. $150,000 The Edgewater Economic Development 100,000 Corp., Inc. Rafael Hernandez Housing & Economic 150,000 Development Corporation Total District 2 Allocation (16%) $400,000 District 3 (HUD formula allocation distribution - 23%): Service Corps of Retired Executives Association $10,000 Small Business Opportunity Center, Inc. 250,000 District 3 Economic Development Pilot Projects 116,050 Total _District 3 Allocation (23%) $376,050 District_4 (HUD formula allocation distribution - 15%): enc Amount Service Corps of Retired Executives Association $10,000 Small Business opportunity Center, Inc. 150,000 District 4 Economic Development Pilot Projects 85,250 Total District 4 Allocation (15%) $245,250 District 5 (HUD formula allocation distribution - 26%): Catholic Charities of the Archdiocese of $100700 ' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. �- 668 Page 3 of 5 II Miami, Inc./Pierre Toussaint Center Neighbors and Neighbors Association, Inc. 150,000 Word of Life Community Development 175,100 Corporation, Inc. (administration capped at $50.000) Total District 5 Allocation (26%) $425,000 Commercial Fapade Program Rehabilitation $450,000 Total for Economic Development Activities $2,223,400" * Section 3. * * * * It The City Manager is hereby authorized' to execute individual agreements, in a form acceptable to the City Attorney, with the specific agencies for said purposes, subject to applicable City Code provisions. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.3' If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. a/ If' the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 4 of 5 PASSED AND ADOPTED this5th day of July 2002. ATTEST: 9.� , � . `. ' PRISCILLA A. THOMPSON CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: W6450:tr:LB:ELF mb rUEL A. DIAZ, MAYOR 03- 668 Page 5 of 5 J-02-843 9/16/02 RESOLUTION NO. 02 133 A RESOLUTION OF THF. MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 02-879, ADOPTED -AT THE CITY COMMISSION MEETING OF JULY 25, 2002, RELATING TO THE ALLOCATION OF $2,223,400 OF 28TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FUNDS IN THE ECONOMIC DEVELOPMENT CATEGORY, BY TRANSFERRING $100,000 FROM THE DISTRICT 1 ECONOMIC DEVELOPMENT PILOT PROJECTS AND $91,000 FROM THE DISTRICT 3 ECONOMIC DEVELOPMENT PILOT PROJECTS TO THE SPECIFIC AGENCIES LISTED HEREIN TO PROVIDE SAID SERVICES IN DISTRICT 1 AND DISTRICT 3 FOR THE 28TH PROGRAM YEAR BEGINNING OCTOBER 1, 2002; AND FURTHER AUTHORIZING THE CITY MANAGER TO ENTER AGREEMENT WITH SAID AGENCIES FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO APPLICABLE CITY CODE PROVISIONS. WHEREAS, federal regulations require the City to provide an opportunity for citizen participation in the planning process for HUD related grant activities; and WHEREAS, a series of Public Hearings were held in each City Commission District to solicit public participation in the planning process for its HUD related grant activities; and WHEREAS, the City of Miami issued Request for Proposals to agencies providing economic development service activities to City of Miami residents; and 03- bb$ WHEREAS, a Public Hearing was advertised to provide public notice regarding the proposed use for said grant funds; WHEREAS, the City Commission adopted Resolution No. 02-774 at the Special City Commission Meeting of July 8, 2002 relating to the allocation of $2,223,400 of 28th Year Community Development Block Grant (CDBG) Program funds in the category of Economic Development; and WHEREAS, the City Commission adopted Resolution No. 02-879 at its meeting of July 25, 2002, which amended Resolution No, 02-774 by identifying specific agencies providing. Economic Development activities in District 2 with the available allocation of $400,000 for said District; and WHEREAS, Resolution No. 02-774 and Resolution No. 02-879 included an allocation of $177,000 for District 1 Economic Development Pilot Projects and $116,050 for District 3 Economic Development Pilot Projects; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this- Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Section 2 of Resolution No. 02-879, adopted July 25, 2002, allocating $2,223,400 of 28th Year "CDBG" funds in Page 2 of 4 03— 666 the Economic Development Category by City Commission District is amended in the following particulars:V L6District 1 (NOD formula allocation distribution - 20%): AgencyAmount $ 20,000 Allapattah aueineea Development Authority, Inc $150,000 Assistance to the Elderly, Inc. S S0,000 (Capital Improvement Project) 10,000 Allapattah-Nynwood Commmmaity Center, Inc. 5 50,000 (Capital Imorovemant Broiect) 40,000 District 1 Economic Development Pilot Projects iq:;-6@6- 7�S 1,000 Total District 1 Allocation (206) $327,000 District 2 UWD formula allocation distribution - 166): Downtown Miami Partnership, Inc. $150,000 The Edgewater Economic Development 100.000 Corp., Inc. Rafael Hernandez Sousing & Economic 150,000 Development Corporation Total District 2 Allocation (166) $400,000 District 3 (HID formula allocation distribution - 236): Resident's Vil�aae, Inc. (capital Improveuent $ 20,000 Project) s 10,000 Saint John Bose* Church 31,000 Service Corps of Retired EXeC9.tive9 Association 10,000 Small Business opportunity Center, Inc. 250,000 The Latin Quarter Culture Center of Miami, Inc 40,000 (Capital Improvement Project) $100,000 District 3 Economic Davelopment Pilot Projects ,A 25,050 Total District 3 AllocatioA (236) $376,050 District 4 (HID formula allocation distribution - 156): Agency Amount Service Corps of Retired Exe=tivea Association s 10,000 Small Business opportunity Center, Inc. 150,000 District 4 Economic Development pilot Projects 85,2S0 Total District 4 Allocation (1561 $245,250 District 5 (AIDformula allocation distribution - 266): Catholic Charities of the Archdiocese of $100,000 Miami, Inc./Pierre Toussaint Center Neighbors and Neighbors Association, Inc. 150,000 word Of Life Community Development 175,100 Corporation. Inc. (administration capped at $50,000) Total District 5 Allocation (26%) $423,000 C—ercial Fagade Program Rehabilitation $450,000 Total for Xconomic Dovalopment Activities $2,223.400' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. Page 3 of 4 03— 668 Section 3. The City Manager is authorized to enter into individual agreements with said agencies for said purposes, in a form acceptable to the City Attorney, subject to applicable City Code provisions. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2/ PASSED AND ADOPTED this 10th day of October 002. MANUEL A-'65ItAZ, ATTEST: PRISCILLA A. THOMPSON CITY CLERK APPROVED -A6-1-TO4RM AND_)WRRECTNESS ;/ TTORNEY 585:tr:AS:33SS '-� If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 4 of 4 TOTAL P.05 MONDAY, JUNE 2.2W3 WWW.herald.com The Herald 5jj.j ;) 3.- 6 6 8 The Miami City Coma*m*o win hold a Public Hearing to discuss Walls* taldipg to City of Miami the Community Developm Department of Corrstwtnity OsvNoprnant and other HUD Programs. Thursday, June 12,2003,3-00 P.M. City of Miami Commission Chamber 3500 Pan American Drift Miand, Florida Federal regulations governing the City of Miami CDBG program requires that a participating jurisdiction provide citizens with reasonable notice of and an opportunity to comment an any amendments to the COW program. Additionally, the public is being advised of amendments to the CDBG funds program all of which amendments are indicated below: AMIENOMENTSTO 261 YEAR CDOG PFA)QPJkM Discussion and proposed resolutions authorizing the transfer of: ECONOMIC DEVELOPMENT CATEGOW TRANSFER AMOU District 4 Economic $45250 TRANSFERRMTO: Southwest Social Services $25250 Development Pilot Projects Reserve Program. Inc. Ortopedia America, Inc. dt/Wouirantes Crthopedics $20AW TOTAL AMOUNT- $45,250 TOTAL AMOUNT- $45011119 ECONOMIC DEVELOPMENT CATEGORY 7PANSFERRIING BROM: AMOUNT District 1 Economic $27.000 TRANSFERRING TO: Camacoll Loan Fond, Inc. $15.000 Development Pilot Projects Reserve Aftpattah Business 5I2.000 I Development Authority. Inc. TOTAL AMOUNT: $27,000 TOTAL AMOUNT: 527,000 Discussion and proposed resolutions authorizing the deabligation of: 2r'YEAR COW ROM FOR M11NM3AL SERVICES AND RH ATEE3' DEOBLIGATWG FROM: ROLLING FUNDS TO, dYQlIlII Downtown Development kA"760=000 29TH Program Year for MOOD D,s=Through the Request for (RFP) Process TOTAL AMOUNT- $750,000 TOTAL AMOUNT: $MOAN 2111 YEAR C0183MG PROGRAMFU1111W, DEOBLIGATING FROM: Black Archives History and Research $120,000 ALLOCATE FUNDS TO: Catholic Charities of the $120.000 Foundation of South Florida.Inc. Archdiocese, Of Miami, I InctPlerre Toussaint Haitian Carder TOTAL AMOUNT-_ $120 000 TOTAL AMOUNT — --*120AW Discussion and proposed resolution allocating: CDBG RINGS FAMIM OWFACT 5 LITTLE th M JOB CREATM MW PR%WF TRANSFEEIRM FROM: MIQM District 5 Little Haiti Job Creation $270,000 TR TO; BoseRi Prosciutto. Inc. S30,000 Amazing Minds Academy $90.000 Neptune and Son Restaurant 000.000 and Beauty Shop CvrpAlestawant Neptune and Son Restaurant $90,000 and Beauty Shop CorpJBeauly Parlor - TOTAL AMOUNT- 970,0-00 i TOTAL AMOUNT: Interested individuals are encouraged to attend this Public Hearing. The meeting site is 8ccOSSUO to the handicapped. (Ad No. I ISM) ;) 3.- 6 6 8