HomeMy WebLinkAboutR-03-0996J-03-776
09/10/03)
RESOLUTION N0. 996
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AUTHORIZING THE
ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK
GRANT (`'CDBG") FUNDS FROM THE PREVIOUSLY
APPROVED DISTRICT 5 LITTLE HAITI JOB
CREATION PILOT PROJECT SET-ASIDE, TO NEPTUNE
AND SON RESTAURANT AND BEAUTY SHOP, CORP.,
IN THE AMOUNT OF $90,000, FOR THE RESTAURANT
AND THE AMOUNT OF $60,000 TO NEPTUNE AND SON
RESTAURANT AND BEAUTY SHOP, CORP. FOR THE
BEAUTY PARLOR, IN THE FORM OF FIVE YEAR
DEFERRED, FORGIVABLE LOANS WITH THE
PROVISION THAT THE FUNDS BE USED TO CREATE
AND MAINTAIN NEW EMPLOYMENT OPPORTUNITIES
FOR RESIDENTS OF THE LITTLE HAITI
NEIGHBORHOOD FOR A FIVE-YEAR PERIOD, SUBJECT
TO SUBMISSION OF EVIDENCE OF AVAILABLE
FINANCING TO COMPLETE EACH PROJECT; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE
INDIVIDUAL AGREEMENTS, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH EACH AGENCY, FOR SAID
PURPOSES.
WHEREAS, Resolution No. 98-402.1, adopted April 14, 1998,
authorized the allocation of Community Development Block Grant
("CDBG") funds, in an amount not to exceed $225,000, to
implement the Little Haiti Job Creation Project, which
represented the first installment of a five-year commitment to
create jobs and stimulate businesses in the Edison Little River
area; and
ATTACHMENT (S)
CONTAINED
Cm COMMISSION
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WHEREAS, on May 11, 2000 and July 11, 2000, the City
Commission reaffirmed this commitment by allocating the second
and third CDBG installments in the amount not to exceed
$225,000, for the Little Haiti Job Creation Project; and
WHEREAS, on May 1, 2001, the City Commission approved the
creation of the District 5 Little Haiti Job Creation Pilot
Project and adopted project guidelines; and
WHEREAS, on April 23, 2003, the District 5 Little Haiti Job
Creation Pilot Project Advisory Board reviewed and voted to
recommend the allocation of CDBG funds of $90,000 to Neptune and
Son Restaurant and Beauty Shop, Corp. for the restaurant and
$60,000 to Neptune and Son Restaurant and Beauty Shop, Corp. for
the beauty parlor for the creation and maintenance of new
employment opportunities for residents of the Little Haiti
neighborhood for a five-year period;
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.
Page 2 of 4
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Section 2. The allocation of CDBG funds set aside for
District 5 Little Haiti Job Creation Pilot Project for the
creation and maintenance of new employment opportunities for
residents of the Little Haiti neighborhood for a five-year
period, in the form of a five-year deferred, forgivable loan,
subject to the following provisions: (i) applicant must provide
evidence of available financing to complete each project, (ii)
projects must receive United States Housing and Urban
Development approved environmental clearance, and (iii) projects
must meet all applicable local, State and Federal regulations,
is authorized in the following particulars:
Agency
Neptune and Son Restaurant and
Beauty Shop, Corp. / Restaurant
Neptune and Son Restaurant and
Beauty Shop, Corp. / Beauty Parlor
Total
Amount New Jobs
90,000 6
60,000 4
$ 150,000 10
Section 3. The City Manager is authorized!/ to enter
into individual agreements, in substantially the attached form,
with each agency, for said purpose.
�i The herein authorization is further subject to compliance with
all requirements that may be imposed by the City Attorney,
including but not limited to those prescribed by applicable
provisions of the City Charter and Code.
Page 3 of 4 �— 996
Section 4. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.'
PASSED AND ADOPTED this 11th day of September , 2003.
4% � 2-� -""
MIAIUEL A. DIAZ, MAYO
�r
ATTEST:
PRISCILLA A. T OMPSON
CITY CLERK
APPROVED A'ORM AND CORRECTNESS:%'
NDR'U VILARELLO
ATTORNEY
W7494:tr:AS:BSS
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 4
CITY OF MIAMI, FLORIDA
COMMUNITY DEVELOPMENT BLOCK GRANT
SPECIAL ECONOMIC DEVELOPMENT AGREEMENT
THIS AGREEMENT (hereinafter the "Agreement") is entered into this [_th] day of
2003, between the City of Miami, a municipal corporation of the
State of Florida (hereinafter referred to as the "City"), and [Agency], a Florida sole
proprietorship (hereinafter referred to as the "Subrecipient")
FUNDING SOURCE: Community Development Block Grant ("CBDG",) Funds
AMOUNT: [Amount]
TERM OF THE AGREEMENT: October 1, 2003 through September 30, 2004
IDIS NUMBER:
SCI NUMBER:
PROPERTY OWNER:
PROPERTY ADDRESS:
TOTAL ESTIMATED PROJECT COST:
City of Miami Contribution
Miami Dade Contribution
[Agencyl
Address .
[City], [State] [Zip]
Amount
Subrecipient Contribution $
NOW, THEREFORE, in consideration of the mutual covenants and obligations
herein set forth, the parties understand and agree as follows:
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1.1
ARTICLE I
EXHIBITS AND DEFINITIONS
EXHIBITS. Attached hereto and forming a part of this Agreement are the following:
Exhibit A City of Miami Commercial Revitalization Program Guidelines
Exhibit B Work Program
Exhibit C Budget
Exhibit D Certification Regarding Lobbying Form
Exhibit E Certification Regarding Debarment, Suspension and other
Responsibility Matters (Primary Covered Transactions Form)
Exhibit F Florida Statues on Public Entity Crime
Exhibit G Contract Between Miami -Dade County and [Agency] dated [Date].
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 Funds: The grant in the amount of [Amount] from the City
to the Subrecipient to perform the Work Program.
CDBG Program: Community Development Block Grant Program.
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CDBG Requirements: The requirements established by the City of
Miami, including, but not limited to, the
requirements of 24 CFR Part 270.
Department:
Federal Award:
Job Creation/Job Retention:
Low- and -Moderate- Income
Person:
The City of Miami Department of Community
Development.
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.
Permanent jobs at least 51% of which
(computed on a full-time equivalent basis) will
be made available to or held by low -and
moderate -income persons.
A member of a low- or moderate -income family
whose income is within specific income levels
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 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,
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03- 996
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 attached hereto as Exhibit C, which shall include: completion of the
Subrecipient's Work Itemized Budget, Budget Narrative, Cost Allocation and Staff
Salaries Schedule, as applicable.
2.3 A list of the Subrecipient's present ownership (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 letter agreeing to comply with the following, as applicable: 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
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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, 24 CFR Part 35, Lead Based Paint Regulations, and 24 CFR
Parts 85 and 510.
2.8 Copy of the Subrecipient's last federal income tax return (IRS Form 990).
2.9 The following corporate documents:
(i) Bylaws, corporate 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.
2.10 ADA Certification.
2.11 Drug Free Certification.
2.12 All other documents 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, programmatic monitoring and modification of this Agreement,
except as otherwise provided in this Agreement.
3.2 EFFECTIVE DATE AND TERM:
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This Agreement shall be effective as of October 1, 2003 and end on September 30, 2004.
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 City of Miami "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 with regard to the City of
Miami Contribution hereunder. 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
6 93- 996
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
[Amount] .
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 records of the Subrecipient pertaining to
any CDBG Funds and/or 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
approved line -item Itemized Budget attached hereto as Exhibit C.
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 for reimbursement hereunder 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 that 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 to the
City. 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
amounts paid by the 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 at least sixty (60) days prior to the end of
the term of this Agreement.
D. Requests for payment must be made at least on a monthly basis.
Reimbursement requests must 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 will 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 thirty (30) calendar days following the expiration of this
Agreement. If the Subrecipient fails to comply with this requirement,
8 :.03- 996
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, and any modifications
thereto, due from the Subrecipient as a part of this Agreement.
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 $1,000,000.00 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) 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.
9 1)3- 996
(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 The Subrecipient shall require the Project Architect to be insured. The
Subrecipient shall require the Project Architect to furnish to City of Miami,
Department of Community Development, 444 SW 2°a Avenue, Miami FL
33130, Certificate(s) of Insurance evidencing insurance coverage that meets
the requirements outlined below, and all such other/additional insurance as
may be required by, and acceptable to, the City.
In addition to the insurance required in 4.2.1 through 4.2.2 above, a
Certificate of Insurance must be provided as follows:
(i) The Subrecipient shall require the Project Architect to carry
Professional Liability Insurance in an amount not less that $1,000,000
per occurrence providing for all sums which the Project Architect
shall become legally obligated to pay as damages for claims arising
out of the services performed by the Project Architect or any persons
employed by the Project Architect in connection with this Agreement.
This insurance shall be maintained for a period of two (2) years after
the Certificate of Occupancy, Certificate of Completion or their
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equivalent is issued for the Work Program.
4.2.4 The Subrecipient shall require the General Contractor to be insured. The
Subrecipient shall require the General Contractor to furnish to City of Miami,
Department of Community Development, 444 S.W. 2nd Avenue — 2nd Floor,
Miami, Florida 33130, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements outlined below, and all such
other/additional insurance as may be required by, and acceptable to, the City.
In addition to the insurance required in 4.2.1 through 4.2.3 above, a
Certificate of Insurance must be provided as follows:
(i) The Subrecipient shall require the General Contractor to carry
Professional Liability Insurance in the name of the General
Contractor or licensed design professional employed by the General
Contractor in an amount not less than $1,000,000 per occurrence
providing for all sums which the General Contractor shall become
legally obligated to pay as damages for claims arising out of the
services performed by the General Contractor or any persons
employed by the General Contractor in connection with this
Agreement. This insurance shall be maintained for a period of two (2)
years after the Certificate of Occupancy, Certificate of Completion or
their equivalent is issued for the Work Program.
(ii) Completed Value Builder's Risk Insurance on an "All Risk" basis in
an amount not less than one hundred (100%) percent of the insurable
value of the building(s) or structure(s). The policy shall name the
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City as additional Insured.
4.2.5. 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 thirty (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.
4.3 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 to the City all financial
and other applicable records and documentation of services. Any payment made by
the City 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.
12 "j3" 996
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.
4.6 INDEMNIFICATION BY GENERAL CONTRACTOR, ETC.:
The Subrecipient shall and shall require the Project Architect, General Contractor,
and Subcontractors to indemnify and hold harmless the City and their past, present,
and futures employees and agents from any legal claims, liabilities, losses and causes
of action which may arise out of the actions or negligence, in whole or in part, of the
General Contractor, the Project Architect, the Subcontractors, or their officers
agents, employees, or assignees in the fulfillment of this Agreement. The General
Contractor shall pay all claims and losses of any nature in connection therewith,
shall defend all suits in the name of the City and/or its employees or agents as
described above, and shall pay all costs and judgments which may be issued thereon.
4.7 DOCUMENTS AND REPORTS OF GENERAL CONTRACTOR, ETC.:
The Subrecipient shall require the General Contractor and Project Architect to
submit documents and reports to the City in such form, manner, and frequency as
prescribed by the City for compliance with applicable requirements.
(i) Neighborhood Employment Opportunities Report. The Subrecipient
shall report and shall require its tenants to report to the City the number of
target and service area residents who have received employment
opportunities from federally financed and assisted projects and activities.
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This report shall be submitted to the City semiannually at the end of the 1st
and 3rd quarter of the Subrecipient's fiscal year during the term of this
Agreement and for a period of two years after the expiration/termination of
this Agreement.
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 be conducted in accordance with generally accepted government
accounting standards 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 applicable laws and regulations
and the requirements 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 certified financial statements and
a schedule of expenditures of Federal Awards; a summary schedule of prior
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audit findings; the auditor's report and the corrective action plan, if required.
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 accounting 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 testing, and, where applicable, refer to the
separate schedule of findings and questioned costs.
c) a report on compliance with applicable laws, regulations, and the
requirements of contracts including this Agreement, noncompliance with
which could have a material affect on the financial statements. This
report shall also include an opinion (or disclaimer of opinion) as to
whether the Subrecipient complied with applicable laws and regulations,
and the requirements of contracts including this Agreement which could
have a direct and material affect on the Work Program and, where
applicable, refer to the separate schedule of findings and questioned
costs.
d) a schedule of findings and questioned costs which shall include the
requirements of OMB Circular A-133.
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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
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.
ARTICLE VI
RECORDS AND REPORTS
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
16
expended for the activity, and the specific provision in 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 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 the CDBG Program regulations; 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 the CDBG Program regulations;
or, the Subrecipient may substitute a notice that the assisted person is a
referral from a 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 is less than 51 percent, data showing that the area
qualifies under the exception criteria set forth in the CDBG
Program regulations.
(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 CDBG
Program 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:
18 ",� U Jb.
(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 the 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 the
CDBG Program regulations which implement 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 CDBG Program
regulations.
6.1.5 The General Contractor shall maintain all Agreement Records that document
all actions undertaken to accomplish the Work Program outlined in Exhibit
I:
6.1.6 The General Contractor shall ensure that the Agreement Records shall be at
all times subject to and available for full access and review, inspection, or
audit by the City and federal personnel and any other personnel duly
authorized by the City.
6.1.7 The General Contractor shall include in all Subrecipient and City approved
subcontracts used to engage subcontractors to carry out any eligible
19 ;J3- 996
substantive programmatic services, as such services are described in this
Agreement, each of the record-keeping and audit requirements detailed in
this Agreement.
6.1.8 All records required to be maintained in accordance with other applicable
laws and regulations set forth in Subpart K of 24 CFR.
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 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 Subrecipient's obligations
hereunder, including, but not limited to, the record-keeping and audit
20
03- 996
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.
The Subrecipient shall retain and shall require the General Contractor and all
Subcontractors to retain, all Agreement Records for a period of at least three
(3) years subject to the limitation that for all CDBG assisted rehabilitation
projects, the retention period shall begin upon U.S. HUD's acceptance of the
City annual Grantee Performance Report in which each rehabilitation project
is reported on for the final time.
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.
21 oj3— 996
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,
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
22 ij3— 996
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.
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
23 ;A- 996
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 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 Subrecipient shall, to the greatest possible, give low -and -moderate -income
residents of the service areas opportunities for training and employment.
7.5.1. The Subrecipient shall comply and shall require the General Contractor to
comply with Section 504 of the Rehabilitation Act of 1973, as amended,
24 IJ3— 996
which prohibits discrimination on the basis of handicap; Title VI of the Civil
Rights Act of 1964, as amended, which prohibits discrimination on the basis
of race, color, or national origin; the Age Discrimination Act of 1975, as
amended, which prohibits discrimination on the basis of age; Title VIII of the
Civil Rights Act of 1968, as amended, and Executive Order 11063 which
prohibits discrimination in housing on the basis of race, color, religion, sex,
or national origin; Executive Order 11246 which requires equal employment
opportunity; and with the Energy Policy and Conservation Act (Pub.L94-1
63) which requires mandatory standards and policies relating to energy
efficiency; and with the Domestic Violence Leave, codified as IIA -60 et.seq.
of the Miami -Dade County Code, which requires an employer, who in the
regular course of business has fifty (50) or more employees working in
Miami -Dade County for each working day during each of twenty (20) or
more calendar work weeks to provide domestic violence leave to its
employees.
7.5.2. If the grant amount payable to the Subrecipient pursuant to the terms of this
Agreement is in excess of $100,000, the Subrecipient shall comply and shall
require the General Contractor to comply with all applicable standards,
orders, or regulations, issued pursuant to Section 306 of the Clean Air Act of
1970 (42 U.S.C. 1857h), as amended; the Federal Water Pollution Control
Act (33 U.S.C. 1251), as amended; Section 508 of the Clean Water Act (33
U.S.C. 1368); Environmental protection Agency regulations (40 CFR Part
15); and Executive Order 11738.
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03- 996
7.5.3. Assurance of Compliance with Section 504 of the Rehabilitation Act - The
Subrecipient shall report its compliance with Section 504 of the
Rehabilitation Act whenever so requested by the City.
7.5.4 Americans with Disabilities Act (ADA) of 1990 - The Subrecipient shall and
shall require tenants to attest to and submit the required Disability Non-
discrimination Affidavit assuring compliance with all applicable
requirements of the ADA.
7.6 The Subrecipient shall use the funds to carry out commercial rehabilitation activities
eligible under 570.202(a)(3).
7.7 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).
7.8 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.
7.9 The Subrecipient shall abide by the Federal Labor Standards provisions of U.S. HUD
Form 4010 incorporated herein as part of this Agreement.
7.10 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 the CDBG Program regulations.
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. The
26
"j3- 996
Subrecipient shall comply with those requirements and prohibitions when entering into
subcontracts.
7.11 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.
7.12 The Subrecipient shall incorporate into all contracts with contractors and shall require all
contractors to incorporate into all subcontracts the following requirements:
The contractor/subcontractor shall:
a. Contact the Subrecipient and the City prior to taking any action, to
schedule a meeting to receive compliance information.
b. Comply with the contractor's procurement and pre -award requirements
and procedures which, at a minimum, shall adhere to all applicable federal
standards.
C. Comply with the Davis Bacon Act; Copeland Anti -Kick Back Act;
Contract Work Hours and Safety Standards Act; and Lead -Based Paint
Poisoning Prevention Act; and other related acts, as applicable.
d. Submit to the Subrecipient and City for written approval all proposed
Solicitation Notices, Invitations for Bids, and Requests for Proposals prior
to publication.
e. Submit to the Subrecipient and the City all construction plans and
specifications and receive the Subrecipient and the City's approval prior to
implementation.
2743- 996
7.13 PRIOR APPROVAL:
The Subrecipient shall obtain, and shall require all contractors and subcontractors to
obtain, prior written approval from City prior to undertaking any of the following:
a. The engagement, execution, or termination of any subcontracts or contract
assignments, wherein CDBG funds will be used to pay for goods or
services. The Subrecipient, contractor and subcontractors must submit all
proposed agreement documents to the City at least thirty (30) days prior to
the start date of the agreement.
b. The addition of any items not specifically listed in the approved Budget.
C. The modification or addition of all Job descriptions.
7.14 The Subrecipient agrees that if the property is sold within five (5) years from the date of
receiving assistance, the Subrecipient shall return to the City, on a prorated basis, any
CDBG Funds provided to it on a declining percentage basis (e.g. 100% in the first year,
80% in the second year, 60% in the third year, 40% in the fourth year and 20% in the
fifth year).
7.15 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, as set
forth more fully below in Article IX of this Agreement.
93- 996
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 the CDBG Program regulations.
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 or work required pursuant to this Agreement without penalty to the City.
29
w �— 956
In that event, notice of termination of this Agreement shall be in writing to the
Subrecipient, who shall be paid for those services and/or that work 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:
9.1.1 Temporarily 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 authority to obligate funds under this Agreement or withhold
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a 996
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:
a. Ineffective or improper use of the CDBG Funds by the
Subrecipient;
b. Failure by the Subrecipient to materially comply with any term or
provision of this Agreement;
C. Failure by the Subrecipient to submit any documents required by
this Agreement; or
d. The Subrecipient's submittal of incorrect or incomplete
documents.
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.
31
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
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
32 03- 996
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 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 amendment 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:
33 "A— 996
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.
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:
34
sJ3— 9' 6
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.
10.8 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,
35
p;� ,- 996
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 certified 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
Barbara Gomez -Rodriguez, Director
Department of Community Development
444 Southwest 2nd Avenue, 2nd Floor
Miami, Florida 33130
Subrecipient
[Agency]
[Address]
[City] [State] [Zip]
10.10.2 Title and paragraph headings are for convenient reference and are not a
part of this Agreement.
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.
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p:3- 996
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, the General Contractor, the Project Architect and their 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.
10.13 SUBRECIPIENT CERTIFICATION:
37 996
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.
10.14 ACKNOWLEDGEMENT:
If the amount of this Agreement exceeds $25,000.00, Provider shall furnish signage
identifying the program or project and shall acknowledge the contribution of the City
by incorporating the Seal of the City and the names of the officials and
administration of the City on all documents, literature, pamphlets, advertisements,
and signage permanent or otherwise. The acknowledgements shall be in a form
acceptable to the City Attorney.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their respective officials thereunto duly authorized on the date above written.
ATTEST:
Subrecipient:
[Agency],
a [Type of entity]
M:
�,J3- 996
ATTEST:
Priscilla A. Thompson
City Clerk
APPROVED AS TO
INSURANCE REQUIREMENTS:
Diane Ericson, Administrator
Risk Management
39
City of Miami, a municipal
corporation of the State of Florida
IM
Joe Arriola
City Manager
APPROVED AS TO FORM AND
CORRECTNESS:
Alejandro Vilarello
City Attorney
-A- 996
TO
FROM
CITY OF MIAMI, FLORIDA 145
INTER -OFFICE MEMORANDUM
The Honorable ay r and
hers of a ity Commi si n
r
J eola
J
tanager
RECOMMENDATION:
DATE : QEP - 2 2003 FILE
Allocation of funds from the
SUBJECT: District 5 Little Haiti Job Creation
Pilot Project
REFERENCES City Commission Agenda
September 11, 2003
ENCLOSURES:
It is respectfully recommended that the City Commission adopt the attached Resolution
allocating Community Development Block Grant (CDBG) Funds from the District 5 Little Haiti
Job Creation Pilot Project set-aside in the amount of $90,000 to Neptune and Son Restaurant and
Beauty Shop, Corp. for the restaurant and $60,000 to Neptune and Son Restaurant and Beauty
Shop, Corp. for the Beauty Parlor in the form of five (5) year deferred, forgivable loans with the
provision that the funds be used to create and maintain new employment opportunities for
residents of the Little Haiti neighborhood for a period of five (5) years, subject to the submission
of evidence of available financing to complete each project; and further authorizing the City
Manager to enter into individual agreements with said agency for said purposes, in a form
acceptable to the City Attorney, subject to applicable City Code provisions.
BACKGROUND:
Our office noticed that the son of Mr. Neptune of Neptune and Son Restaurant, Mr. Christian T.
Neptune, was employed by the City of Miami at the time the application was approved by the
Advisory Board, but at this time, is no longer employed by the City.
On April 14, 1998, the City Commission adopted Resolution No. 98-402.1 allocating $225,000
of Community Development Block Grant (CDBG) funds representing the first installment of a
five-year commitment to implement the Little Haiti Job Creation Project as a special initiative to
meet the unique needs of businesses in Little Haiti and to create jobs for neighborhood residents.
On May 1, 2001, the City Commission approved the creation of the District 5 Little Haiti Job
Creation Pilot Project and adopted project guidelines. The purpose of the project, as identified in
the guidelines, is to provide- one-time deferred, forgivable loans to businesses in the Little Haiti
Community Revitalization. District with the goal of providing job creation opportunities for low
and moderate -income residents in the Little Haiti Community through business expansion and
retention activities. The program design includes the following eligible activities:
• Upgrade and expansion of facilities
• Correction of code violations on commercial properties
• Improvements to meet ADA standards
• Infrastructure Improvements (i.e. lighting, draining,
parking, etc.)
• Fagade Improvements
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To qualify for the deferred, forgivable loan, an area business must create a minimum of one (1)
new, full-time job for each increment of $15,000 and the maximum grant available will be
$90,000. Opportunities remain available to eligible business until funds authorized through the
five (5) year commitment have been depleted.
On January 24, 2002, the City Commission approved member appointments to the District 5
Little Haiti Job Creation Pilot Project Advisory Board. On April 23, 2003, the Advisory Board
voted to recommend City Commission approval of the allocation of CDBG funds in the amount
of $90,000 to Neptune and Son Restaurant and Beauty Shop, Corp. for the restaurant and
$60,000 to Neptune and Son Restaurant and Beauty Shop, Corp. for the beauty parlor. For each
$15,000 in funding, each program must create and maintain one (1) new employment
opportunity for residents of the Little Haiti neighborhood for a period of five (5) years.
Furthermore, this approval is subject to the following provisions: (i) applicants must provide
evidence of available financing to complete the project, (ii) each -project must receive U.S. HUD
approved environmental clearance, and (iii) each project must meet all applicable local, State and
Federal regulations.
New Jobs
Agency / Proiect Created
Beginning Balance:
District 5 Little Haiti Job Creation Pilot Project
Allocations:
Neptune and Son Restaurant and Beauty Shop, Corp.
/ Restaurant
Neptune and Son Restaurant and Beauty Shop, Corp.
/ Beauty Parlor
Col
Funded
Amount
$ 730,000
$ 90,000
4 $ 60,000
Funds Allocated By This Resolution $ (150,000)
Remaining Balance:
District 5 Little Haiti Job Creation Pilot Project $ 550,000
It is recommended that the City Commission adopt the attached Resolution allocating CDBG
Funds from the District 5 Little Haiti Job Creation Pilot Project set-aside in the amount of
$90,000 to Neptune and Son Restaurant and Beauty Shop, Corp. for the restaurant and $60,000
to Neptune and Son Restaurant and Beauty Shop, Corp. for the Beauty Parlor in the form of five
(5) year deferred, forgivable loans with the provision that the funds be used to create and
maintain new employment opportunities for residents of the Little Haiti neighborhood for a
period of five (5) years, subject to the submission of evidence of available financing to complete
each project; and further authorizing the City Manager to enter into individual agreements with
said agency 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
impact on the General Fund.
LMH/BGR 03— 996
188 The Herald www.heraid.com SATURDAY, AUGUST 30, 2003 F r
The Miami City Commission will hold a Public Hearing
City of Miarrni to disarss issues reWng to the Community
Department of Commmity Development Devdopmart Block brant and other MID Programs.
Tuesday, septenuher 11, 2003,11:110 PJM.
City of Miami Commission Chamber
3500 Pan American Drive
Miami, Florida
Federal regulations governing the City of Miami COBG program requires that a participating jurisdiction provide citizens
with reasonable notice of and an opportunity to comment on any amendments to the CDBG program. Additionally, the
public is being advised of amendments to the CDBG funds program all of which amendments are indicated below:
1. Discussion and proposed resolution granting an extension from December 28, 2002 to January 9, 2003, to
Palmetto Homes of Miami, Inc., to complete the construction of three (3) single family homes affordable to
families and individuals of very low, low and moderate income on formerly city -owned parcels in the Model
City neighborhood: stating the intention of the City Commission related to the date of conveyance of title to
said parcels.
2. Discussion and proposed resolution deobligabrig 28" Year Community Development Block Grant (CDBG) Funds
in the amount of $31,000 from Saint John Bosco Church in District 3 and reallocating the funds to the City of
Miami Department of Capital Improvement Projects to upgrade the air conditioning in the Manuel Artime
Building, for improvement of energy efficiency, to be completed by September 30, 2004.
3. Discussion and proposed resolution transferring 28" Year Community Development Block Grant (CDBG)
Program Fonts in the Public Services Category in District 5 of $9.138.81 from James E. Scott Community
Association, IncJCommunity Awareness Program to Word of Life Community Development Corporation for
Public Services activities in District 5,
4. Discussion and proposed resokition authorizing the change in the composition of the eleven (11) member
Housing and Commercial Loan Committee to: one (1) chairperson appointed by the Mayor, three (3) members
with backgrounds related to affordable housing development, two (2) members with private real estate
experience, one (1) member with private real estate lending experience, two (2) members with private
commercial experience, one (1) member with private commercial lending experience, and one (1) member
from the City Administration appointed by the City Manager: and authorizing the extension of the Loan
Committee's function to include the approvalldisapproval of affordable housing construction grants and loans
to be provided by the City through the Housing Opportunities for Persons with AIDS (HOPWA) Program: and
further releasing the City Manager from ft obligation to present each loan approved by the Loan Committee
for review and final approval to the State of Florida Financial Emergency Oversight Board, which was
dissolved on December 18, 2001.
5. Discussion and proposed resolution authorizing a grange in the properties to be purchased by MOVERS. Inc.
with Housing Opportunities for Persons with AIDS (HOPWA) funds from luopecties adjacent to the Sugar Hill
facility to properties in the area around the Sugar Hill facility-, and further auttiorizing the expansion of the
project to be developed an the properties from seventeen (17) housing units to no more than fifty-two (52)
long term housing units plus no more than ten (10) units of emergency transitional housing.
6. Discussion and proposed resolution auftnzing the deobfigation of 28" Year Community Development Block
Grant (CDBG) funds in the amount of $484.580.43 from the Section 108 loan Guarantee Program and further
reallocating said funds to the Housing loan Recovery Frim fox the purpose of protecting the City's Housing
Loan Portfolio.
7. Discussion and proposed resolution allocating Community Development Mock Grant (CDBG) funds from the
previously approved District 5 tittle Haiti Job Creation Pilot Project Set Aside in the amount of $90.000 to
Neptune and Son Restaurant and Beauty Shop, Corp. for the restaurant and $60,000 to Neptune and Son
Restaurant and Beauty Shop, Corp. for the Beauty Parlor in the form of five (5) year deferred, forgivable kians
with the provision that the hods be used to create and maintain new employment opportunities for residents
of the Little Haiti neighborhood for a period of ire (5) years. subject to submission of evidence of available
finmrci ig to complete each project.
Interested individuals are encouraged to attend this Public Hearing. The meeting site is accessible to the handicapped.
(Ad No. 11564)
dJ3— 996