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HomeMy WebLinkAboutR-96-0426RESOLUTION NO.9 6 - d_24 G A RESOLUTION, WITH ATTACHMENTS(S), AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH TEN (10) COMMUNITY BASED ORGANIZATIONS, MIAMI CAPITAL DEVELOPMENT, INC. AND CAMACOL, FOR THE PURPOSE OF IMPLEMENTING ECONOMIC DEVELOPMENT PROGRAMS; ALLOCATING FUNDS, THEREFOR, FROM THE TWENTY-SECOND (22ND) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE AMOUNTS AS SPECIFIED HEREIN. WHEREAS, the City Commission is committed to economic development and the expansion of trade and commerce; and WHEREAS, the promotion of economic revitalization in the neighborhoods of the City of Miami is an important part of the City's economic development strategy; and WHEREAS, the City Commission is desirous of continuing the neighborhood economic development program and funds are available from the Twenty-second (22nd) Year Community Development Block Grant for such a purpose; and WHEREAS, pursuant to Ordinance No. 11355, adopted April 25, 1996, the City Commission adopted the report entitled "Community Development Consolidated Plan 1996 - ATTACHMENTS) CONTAINED CITY COMMISSION MEETING OF J U N 1 3 1996 1Resolution No. .f"9 6 - 426 t i Community Development 1997," which report sets forth projected uses of funds for the Twenty- second (22nd) Year Block Grant Program (CDBG); and WHEREAS, pursuant to Resolution No. 96-208, adopted March 23, 1996, the City Commission further accepted the Administration's recommendations in connection with the proposed allocation of funds to be specifically allocated to designated Community Based Organizations, Miami Capital Development, Inc. and the Latin Chamber of Commerce ("CAMACOL"); and WHEREAS, each agency's work program shall be subject to approval to ensure compliance with HUD Rules and Regulations; 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 thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized' to execute individual agreements, in substantially the attached form, with ten (10) Economic Development Organizations, Miami i Capital Development, Inc., and CAMACOL, for the purpose of implementing economic development programs, with funds therefor hereby allocated from the Twenty-second (22nd) Year Community Development Block Grant as follows: M Allapattah Business Development Authority, Inc. 2. Coconut Grove Local Development Corporation, Inc. 3. Downtown Miami Partnership, Inc. AMOUNT $ 80,000.00 64,250.00 60,750.00 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 City Charter and Code provisions. -2- 96- 426 l , 4. 5. 6. 7. 8, 9. 10. H. 12. ATTEST: WALTER FOEMAN CITY CLERK ATDT D117I1TC111 AXTn ADDDnvnT Edgewater Economic Development Corporation, Inc. Greater Biscayne Boulevard Chamber of Commerce, Inc. (6 months probation) Pierre Toussaint Haitian Community Center Little Havana Development Authority, Inc. Martin Luther King Economic Development Corporation, Inc. (6 months probation) Small Business Opportunity Center, Inc. St. John Community Development Corporation, Inc. Miami Capital Development, Inc. Latin Chamber of Commerce (CAMACOL) 54, 500.00 25,125.00 50,250.00 114,100.00 25,125.00 79,500.00 50,250.00 810,000.00 150,000.00 Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 13 th day of — June 1996. -3- 0 GORT; VICE -MAYOR FINANCE AND BUDGETARY REVIEW: MANO URANA ASSISTAN TY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: 96- 426 CITY OF MIAMI, FLORIDA ECONOMIC DEVELOPMENT COMMUNITY BASED ORGANIZATION (CBO) THIS AGREEMENT entered into this day of , 19_, between the City of Miami, a municipal corporation of the State of Florida, (hereinafter referred to as the "CITY"), and , a Florida not for profit corporation, (hereinafter referred Twenty-second (22nd) Year Community Development B l l� Grant Funds July1. 1996 to June 30, 1997 TAX IDENTIFICATION NO.: EXECUTIVE DIRECTOR: ADDRESS: TELEPHONE NO: NOW, THEREFORE, in consideration of the mutual covenants and obligations herein set forth, the parties understand and agree as follows: ARTICLE I BASIC REQUIREMENTS As a necessary part of this Agreement, the following documents must be approved by the City prior to its execution, and must be on file with the City of Miami's NET Office. Corporate Resolution authorizing execution of this Agreement. 96- 426 1.2 The Work Program submitted by the SUBRECIPIENT to the CITY which shall include the following: (A) The description section should detail the activities to be carried out by the SUBRECIPIENT. It should specifically describe the services to be provided as a result of the expenditures of Community Development Block Grant (CDBG) funds. Where appropriate, it should list measurable objectives and define the who, what, where, and when; and in general, how these activities will ensure that the intended beneficiaries will be served once the project is fully completed. (B) 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 accomplishment of tasks, on the delivery of services. These projected milestones and deadlines are a basis for measuring actual progress during the terns of the 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. 1.3 Budget Summary, to include: completion of SUBRECIPIENT Program/Line-Item Budget/Expenditure Justification, Total Actual and Projected Funds Disclosure, and Staff Salaries Schedule (on forms supplied by the CITY); budget for program -generated revenues; copies of all subcontracts and/or management services Agreements funded in whole or in part under this Agreement. s 1.4 Certificate of Insurance which reflects SUBRECIPIENT current liability insurance, I naming the CITY as primary or additional insured as determined by the Risk Management Department of the CITY; current Workers' Compensation Insurance; 1 2 96- 426 current Fidelity Bond (applicable for all persons who are authorized to receive and disburse funds under this Agreement); flood insurance coverage if applicable; and other coverage as deemed necessary, if applicable (i.e., automobile insurance). 1.5 Current certificate of good standing and incumbency for SUBRECIPIENT. 1.6 SUBRECIPIENT Corporate Seal (to be fixed to Signatory Page, and Corporate Resolution). 1.7 Copy of SUBRECIPIENT Articles of Incorporation, Charter and Bylaws and amendments thereto, if any, certified by SUBRECIPIENT's secretary to be current, complete, and correct. 1.8 List of Present Principal Governing Board Officers and Members of the Board (names, addresses, and telephone numbers). 1.9 List of Key Staff Persons, with their titles, who will carry out this program. 1.10 Completion of Authorized Representative Statement. 1.11 Completion of Statement of Accounting System. 1.12 A letter from an independent Certified Public Accountant, which expresses the opinion on the SUBRECIPIENT internal control and compliance with laws and regulations, which adequately safeguard the agencies assets as per OMB Circular A-133. 1.13 Copy of last Audit Report as performed by an independent Certified Public Accountant in accordance with OMB Circular A-133. 1`.14 Corporate Personnel Policies and Procedures. 1.15 Job Description and Resumes for all positions funded in whole or in part under this Agreement. 3 95- 426 Acceptance of Office of Management and Budget (OMB) Circular A-187 "Principles of Determining Costs Applicable to Grants and Contracts with State, Local, and Federally recognized Indian Tribal Governments. (OMB) Circular 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), (OMB) Circular A-122 and A-21, "Cost Principles for Non -Profit Organizations and Cost Principles for Educational Institutions, as modified by 24 CFR Part 570.502(a)(b); "Applicability of Uniform Administrative Requirements," of the (CDBG) Program regulations, Final Rule, and provided as an attachment to this Agreement (Attachment 1.15). Lead Base Paint Regulations 24 CFR Part 35. Policies and Procedures Manual for Community Based Subrecipients. 1.17 Copy of last Income Tax Return (IRS Form 990). 2.0 RECORDS TO BE MAINTAINED 2.1 SUBRECIPIENT shall establish and maintain sufficient records to enable the CITY to determine whether the SUBRECIPIENT has met the requirements of this part. At a minimum, the following records are needed: A. 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 provision in 24 CFR Support C of the CDBG Program 96- 426 t r B. 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 by 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; of the SUBRECIPIENT may substitute a notice that the assisted person is a referral from a state, to refer individuals it determines to be low income persons, based on the U.S. Department of Housing and Urban Development's (us her's) criteria, and agrees to maintain documentation supporting these determinations. Such records shall include the following information: 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 For each activity determine to benefit low and moderate income persons, based on the area served by the activity: i) The boundaries of the service area; ii) The income characteristics of families and unrelated individuals in the service area; and 5 96- 426 iii) 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 at 570,208(a)(i)(ii); (3) For each activity determined to benefit low and moderate income persons based on the creation of jobs, the recipient shall provide the documentation described in either (i) or (ii) below. i) Where the recipient chooses to document that at least 51 percent of the jobs will be available to low acid moderate income persons, documentation for each assisted business shall include: (A) A copy of a written agreement containing: (�) A commitment by the business that it will make at least 51 percent of the jobs available to low and moderate income persons, and will provide training for any of those jobs requiring special skills or education; (2) A listing by job title of the permanent jobs to be created, indicating which jobs will be available to low and moderate income persons, which jobs require special skills or education, and which jobs are part-time, if any; and (3) A description of actions to be taken by the SUBRECIPIENT and business, to ensure that low and moderate income persons receive first consideration for those jobs; and A listing by job title of the permanent jobs filled, and which jobs of those were available to low and moderate income persons, and a 0 96- 426 } description of how first consideration was given to such persons for those jobs. The description shall include what hiring process was used; which low and moderate income persons were interviewed for a particular job; and which low and moderate income persons were hired. (Ii) Where the SUBR.ECIPIENT chooses to document that at least 51 percent of the jobs will be held by low and moderate income persons, documentation for each assisted business shall include: (A) A copy of a written agreement containing: (1) A commitment by the business that at least 51 percent of the jobs, on a full-time bases, will be held by low and moderate income persons; and (2) A listing by job title of the permanent jobs to be created, identifying which are part-time, if any; (B) A listing by job title of the permanent jobs filled and which jobs were initially held by low and moderate income persons; and (C) For each such low and moderate income person lured, the size and annual income of the person's family, prior to the person being hired for the job. (4) For each activity detennined to benefit low and moderate income persons, based on the retention of jobs: ! (i) Evidence that in the absence of CDBG assistance, jobs would be 7 96- 426 (ii) For each business assisted, a listing by job title of permanent jobs retained, indicating which of those jobs are part-time, and (where it is known), which are held by low and moderate income persons at the time the CDBG assistance is provided. Where applicable, identification of any of the retained jobs (other than those known to be held by low and moderate income persons), which are projected to become available to low and moderate income persons through job turnover within two years of the time CDGB assistance is provided. Information upon which the job turnover projections were based shall also be included in the record; (iii) For each retained job claimed to be held by a low and moderate income person, information on the size and annual income of the person's family; (iv) For jobs claimed to be available to low and moderate income persons based on job turnover, a description covering the items required for "available to" jobs in paragraph (5) of this section; and (v) Where jobs were claimed to be available to low and moderate income persons through turnover, a listing of each job which has turned over to date, indicating which of those jobs were either taken by, or available to, low and moderate income persons. For jobs made available, a description of E:3 96- 426 I how first consideration was given to such persons for those jobs shall also be included in the record. C. Equal Opportunity Records containing: (1) Data indicating the racial/ethnic character of each business entity receiving a contract or subcontract of $25,000.00 or more paid, or be paid, with CDBG fluids, data indicating which of those entities are women's business enterprises as defined in Executive Order 12138, the amount of the contract or subcontract, and documentation of recipient's affirmative steps to assure that minority business and women's business enterprises have an equal opportunity to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction, and services. Such affirmative steps may include, but are limited to, technical assistance open to all businesses but designed to enhance opportunities for these enterprises and special outreach efforts to inform them of contract opportunity. Such steps shall not include preferring any business in the award of any contract or subcontract solely or in part, on the basis of race or gender. Data on the extent to which each racial and ethnic group and single -headed households 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 farther investigation as to compliance is required to attain or maintain any particular statistical measure by race, etlnicity, or gender in covered programs. �0 95- 426 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) related to hiring and training of low and moderate income persons and the use of local businesses. D. Financial records, in accordance with the applicable requirements listed in 24 CFR 570.502. E. Records required to be maintained in accordance with other applicable laws and regulations set forth in Subpart K of 24 CFR. 2.2 As a necessary part of this Agreement, the SUBRECIPIENT shall provide the following documents to the Department of Community Development, in accordance with the requirements of the Agreement: A. Final Expenditure Report to be submitted no later than thirty (30) days after contract expiration. B. A Certified Independent Audit to be submitted one hundred twenty (120) days after I the expiration of the corporate fiscal year. SUBRECIPIENT receiving monies from I the Department of Community Development must allocate in its budget, sufficient funds to secure an annual independent audit which must include the expression of an opinion on the SUBRECIPIENT financial statements, and a compliance letter stating whether the SUBRECIPIENT is in conformity with federal grant regulations. SUBRECIPIENT shall have an agency -wide audit made in accordance with OMB Circular A-133, made by an independent certified public auditor to determine whether: 10 96-- 426 (1) The financial statements of the institution present fairly it financial position, and the results of its operations in accordance with generally accepted accounting principles. (2) The institution has an internal control structure, to provide reasonable assurance that the institution is managing Federal awards in compliance with applicable laws and regulations that could have material impact on the financial statements. (3) The institution has complied with the laws and regulations that may have a direct, and material effect on its financial statements amounts and in each major Federal programs. The City Staff shall have the authority to review SUBRECIPIENT records, including programmatic records and books of account, for a period of up to three (3) years from the termination date of the Agreement. All books of account, and supporting documentation should be kept by the SUBRECIPIENT at least three (3) years for audit purposes. ARTICLE III 3.0 PROCEDURES 3.1 TIME OF PERFORMANCE The term of this Agreement shall be from Julyl, 1996, to June 30, 1997. 3.2 CITY AUTHORIZATION For the purpose of this Agreement, the City of Miami Neighborhood Enhancement Team i (hereinafter the "NET") will act on behalf of the CITY in the fiscal control, programmatic } I 11 3.3 monitoring, and modification of this Agreement, except as otherwise provided by this Agreement. This instrument and its attachments constitute the only Agreement of the parties hereto, relating to said grant and correctly sets the rights, duties, and obligations of each to the other, as of this date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. Furthermore, 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, words or please 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 severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. OBLIGATION OF SUBRECIPIENT The SUBRECIPIENT shall carry out the services as prescribed in its Work Program (which by this reference is incorporated herein and made a part of this Agreement) in a lawful, and proper manner, satisfactory to the CITY, in accordance with the %mitten policies, procedures, and requirements as prescribed in this Agreement, as set forth by U.S. HUD and the City of Miami Department of Community Development. NON-DISCRIMINATION 12 96- 426 The SUBRECIPIENT agrees that it shall not discriminate as to race, sex, color, religion, national origin, age, marital status, or handicap, in connection with its performance under this Agreement. Furthermore, that no otherwise qualified individual shall solely, by reason of him/her race, sex, color, religion, national origin, age, marital status, or handicap, be excluded from the participation in, be denied benefits of, or subject to discrimination under any program or activity receiving federal financial assistance. SUBRECIPIENT acknowledges receipt of, represents that it is aware of, and accepts the Policies and Procedures Manual for CDBG SUBRECIPIENT 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 monies is by this reference incorporated into, and made part of this Agreement. BONDING AND INSURANCE At all times during the term thereof, SUBRECIPIENT shall maintain insurance and bonding coverages acceptable to the CITY's Risk management Department. 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. SUBRECIPIENT shall provide the following coverages: (a) Insurance coverage that reflects sound business practices acceptable to the CITY's Risk Management Department and that requires the insurance carrier to give the 13 96- 426 CITY at least 14 days previous notice of termination, cancellation or expiration of insurance policy. (b) 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 CITY grant. City shall be named as Loss Payee. (c) Current liability insurance shall be in amount of not less than $500,000.00 General Aggregate, which shall include fire liability. CITY shall be named as Primary Additional Insured, and there shall be no exclusions in such policies to override the CITY coverage. (d) SUBRECIPIENT shall provide the CITY with proof of Automobile Liability Coverage in an amount or not less than $300,000.00 for each driver, Bodily Injury and Property Damage combined, if RECIPIENT is to be reimbursed for mileage by the CITY. (e) The SUBRECIPIENT shall obtain Workers' Compensation and Employers' Liability coverage as per statutory requirements. 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. 3.8 LEVEL OF SERVICE Should start-up time for a program be required or any delays in service occur, the i j Department of Community Development is to be notified in writing immediately, giving all pertinent details and indicating when service shall begin, and/or continue. It is understood and agreed that the level of services, activities, and expenditures by the 14 96- 426 SUBRECIPIENT, in existence prior to the initiation of services hereunder, shall be continued and shall not be reduced in any way, as a result of this Agreement. Programs funded through this Agreement shall not result in the displacement of employed workers, impair existing contracts for services, 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. 3.9 OTHER PROGRAM REQUIREMENTS SUBRECIPIENT is hereby funded 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). SUBRECIPIENT's Work Program is subject to U.S. HUD's final approval and discussions with consultant on eligible activities. No other activities will be funded under this Agreement, unless Work Program is amended in writing by mutual consent. B. 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.. C. 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. 15 96- 426 D. The SUBRECIPIENT shall comply with Davis -Bacon. Act Wage requirements on all construction, rehabilitation, and other labor intensive work, funded by the CITY, in excess of $2,000.00. The SUBRECIPIENT shall abide by the Federal Labor Standards provisions of U.S. HUD form 4010, which by this reference is incorporated into, and made part of this Agreement. Program income means gross income received by the SUBRECIPIENT which has been directly generated via the use of CDBG fluids. When such income is generated by an activity that is only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. Program income generated by CDBG funded activities shall be retained by SUBRECIPIENT, and shall be used to undertake only, those activities specifically approved by the CITY on the Work Program. All provisions of this Agreement shall apply to such activities. Any program income on hand when the Agreement expires, or received after such expiration shall be paid to the CITY, as required by 24 CFR 570.503(b)(8), of CDBG Program regulation. SUBRECIPIENT shall submit a Program Income Report on a monthly basis, along with the required monthly Work Program Status Report. The Program Income Report will identify CDBG activities in which income was derived, and how income has been utilized. 3.11 REPORTS, AUDITS AND EVALUATIONS ! The SUBRECIPIENT shall comply with the Federal Directive required by the U.S. HUD, , to document that program activities are provided for the benefit of low to moderate 4 income persons. In accordance with the Code of Federal Regulations 24 CFR Part 16 96— r, , 570,506, records shall be maintained for each activity, to determine that services benefit low and moderate income persons. At the request of CITY, SUBRECIPIENT shall transmit to CITY, written statements of SUBRECIPIENT official policy on specified issues relating to SUBRECIPIENT activities. The SUBRECIPIENT shall submit monthly progress reports, and quarterly successfully completed projects progress reports, schedules, and any other reports and documentation as the CITY deems necessary, and which will reflect the status of objectives and program activities accomplished thus far, in addition to budget changes and costs expended during the reporting period. SUBRECIPIENT shall ensure the cooperation of its employees and Board members in such efforts. The CITY staff may conduct monitoring visits monthly, quarterly, or at random at anytime. Any inconsistent, incomplete, or inadequate information either received by the CITY, or obtained through monitoring and evaluation by the CITY, shall constitute good cause for the CITY to terminate this Agreement at any time thereafter. CITY shall pay SUBRECIPIENT, as maximum compensation for the services provided during the tenn of this Agreement. The CITY shall compensate the SUBRECIPIENT for all expenditures made in accordance with the schedule set forth in the budget, which is attached hereto, and made a part hereof. 17 96- 426 B. During the term hereof, and for a period of 3 years following the date of the last payment made hereunder, CITY shall have the right to review and audit the time records, and related records of SUBRECIPIENT, pertaining to payments by CITY. C. All payments shall be reimbursements for expenditures incurred only during the term of this Agreement, and in compliance with the previously approved Line -Item Budget. Such written request shall contain a statement declaring and affirming that all expenditures were made in accordance with the approved budget. All documentation in support of such request shall be subject to approval by CITY at the time the request is made, and all invoices are required to be paid by SUBRECIPIENT prior to submission. All reimbursements must be in line -item fonn, and be in accord with this Agreement. All expenditures must be verified by original invoice, with a copy of the check which was issued to pay that specific invoice. Within 60 days of invoice payment, copies of the canceled checks must 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. Two (2) requests for line -item changes are allowable, with prior review and approval by the CITY. All line -item changes must be made on or before 30 days prior to the end of the term of the Agreement. D. Requests for payment should be made approximately, 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 may m 95- 426 result in the rejection for repayment of those invoices within the reimbursement package which do not meet this requirement. E. SUBRECIPIENT must submit the final request for payment to the CITY within thirty (30), calendar days fallowing the expiration date, or termination date of this Agreement. If the SUBRECIPIENT fails to comply with this requirement, all rights to payment will be forfeited, and the CITY shall not honor any request submitted after the aforesaid agreed upon period. 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 part of this contract, and any modifications thereto. 4.2 GENERATED REVENUES SUBRECIPIENT is required to generate revenues in the amount of $16,650.00 from approved revenue generating projects. These funds are to be in lieu of an advance on the fiscal 1996-97 CITY contract and to offset any other administrative expense not paid by the City CDBG grant. Funds generated by grants (federal, state, and local) will be considered generated revenues. In the event that GRANTEE fails to generate the above mentioned revenues by June 30, 1997, future contracts with the GRANTEE will not be negotiated or considered. GRANTEE must submit proper documentation supporting the expenditure of such program generated funds, as per the Program/Line- Item Budget Expenditure Justification. 19 96- 426 CITY reserves the right to audit the records of SUBRECIPIENT at any time during the performance of this Agreement, and for a period of three years after final payment is made under this Agreement. SUBRECIPIENT agrees to provide all financial and other applicable records and documentation of services to CITY. Any payment made shall be subject to reduction for amount included in the related invoice which are found by CITY, on the basis of such audit, not to constitute allowable expenditures. Any payments made to SUBRECIPIENT are subject to reduction for overpayments on previously submitted invoices. 4.4 RECAPTURE OF FUNDS CITY shall reserve the right to recapture funds when the SUBRECIPIENT shall fail (I) to i comply with the terms of this Agreement, or (ii) to accept conditions imposed by CITY, at the direction of the federal, state, and local agencies. 4.5 RELOCATION ACQUISITION AND DISPLACEMENT The SUBRECIPIENT agrees to comply with 24 CFR 570.606, in addition to City of Miami Ordinances and Resolutions, and City policies in relation to the acquisition and e property utilizing rant funds and to the displacement of persons, � disposition of real p p y g g p f I businesses, non-profit organizations occurring as a direct result of any acquisition, or real j property utilizing grant funds. 20 96- 426 AM 'IF1,P .. Funding for this Agreement is contingent on the availability of funds, and continued authorization for program activities, and is subject to amendment or termination due to lack of funds or authorization, reduction of funds, and/or change in regulations. ARTICLE V ' 5.0 GENERAL REQUIREMENTS 5.1 INDEMNIFICATION SUBRECIPIENT, shall pay on behalf of, and save CITY harmless from and against any and all claims, liabilities, losses, and causes of action which may arise out of SUBRECIPIENT activities under this Agreement, including all other acts, or omissions to act on the part of SUBRECIPIENT, including any person acting for, or on its behalf; 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 of any such claims or in the investigation thereof. 5.2 AMENDMENTS No amendments to this Agreement shall be binding on either party, unless in writing, and signed by both parties. 5.3 OWNERSHIP S r OF DOCUMENTS All documents developed by SUBRECIPIENT under this Agreement shall be delivered to CITY, upon the completion of the services required pursuant to this Agreement, and shall ! become the property of CITY, without restriction or limitation on its use. SUBRECIPIENT agrees that all documents maintained and generated pursuant to this 21 96- 426 relationship between CITY and SUBRECIPIENT, shall be subject to all Public Records Law, Chapter 119, Florida Statutes. It is further understood by, and between the parties that any document which is given by CITY to SUBRECIPIENT pursuant to this Agreement, shall at all time remain the property of CITY, and shall not be used by SUBRECIPIENT for any other purposes whatsoever, without the written consent of CITY. SUBRECIPIENT warrants that it 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. 5.5 LION-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 CITY's prior written consent which may be granted or withheld in CITY's sole discretion. 5.6 CONSTRUCTION OF AGREEMENT - This Agreement shall be construed and enforced according to the laws of the State of Florida. 5.7 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ, who presently exercise D funded any functions or responsibilities incorulection with C BG find activities, it s, has any r { personal financial interest, direct or indirect, in this Agreement. The RECIPIENT further 22 96- 426 r 5.8 covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interests on the part of the SUBRECIPIENT or its employees, must be disclosed in writing to the CITY. 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 2011-.1), and the State of Florida, and agrees that it shall fully comply in all respects, with the terms of said laws. OBLIGATION TO RENEW Upon expiration of the term of this Agreement, SUBRECIPIENT agrees and understands that CITY has no obligation to renew this Agreement. 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 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 CITY pay SUBRECIPIENT an amount in excess of the total sum provided by this Agreement. It is hereby understood by, and between CITY and SUBRECIPIENT, that any payment made in accordance with this Section to SUBRECIPIENT, shall be made only if said SUBRECIPIENT is not in default under the terms of this Agreement. If SUBRECIPIENT is in default, then CITY shall in no way be obligated, and shall not pay to SUBRECIPIENT any sum whatsoever. 23 95- 426 It is also understood that in accordance with 24 CFR 85.43-44 of the CDBG rules and regulations, suspension or termination may occur if SUBRECIPIENT fails to comply with any term of this Agreement, of if the CITY deems it convenient to terminate it. 5.10REM EDIRS FOR NONCOMPLIANCE If a SUBRECIPIENT or RECIPIENT materially fails to comply with any term of an award and an agreement, the CITY may take one or more of the following courses of actions as stated in (24 CFR 85.43). Temporarily withhold cash payments, pending correction of the deficiency by the SUBRECIPIENT and RECIPIENT, or more severe enforcement action by awarding Agency. Disallow (that is, deny both use of funds and matching credit for) all, or part of the cost of the activity or action not in compliance. (3) Wholly, or partly suspend or terminate the current award for the SUBRECIPIENT or RECIPIENT program. (4) Withhold further awards for the program, or (5) Take other remedies that may be legally available. 5.11 REVERSION OF ASSP-TS Upon expiration of this Agreement, the SUBRECIPIENT shall transfer to the CITY, any CDBG funds at hand at the time of expiration, and any accounts receivable attributed to the use of CDBG funds. Any real estate property that was acquired or improved by SUBRECIPIENT in whole, or in part, with CDBG funds in excess of $25,000.00 shall be either: 24 96- 426 Used to meet one of the three (3) CDBG National Objectives set forth by 24 CFR 570.208 of the CDBG Program regulations, until five (5) years after expiration of this Agreement, or such longer period of time as determined appropriate by the CITY; or Disposed of in a manner resulting in the CITY being reimbursed in the amount of the current fair market value of the property, less any portion thereof attributed to expenditures of non-CDBG funds for acquisition of, or improvements to, the property. 5.12 SALE OF PROPERTY, DISPOSITION, RETENTION AND TRANSFER OF TITLE A. Title --Subject to the obligations and conditions set forth in this section. Title to real property acquired under a grant or subgrant will vest upon acquisition in the I SUBRECIPIENT or RECIPIENT respectively, as stated in 24 CFR part 85. B. Use --Except as otherwise provided by Federal statutes, real property will be used for the originally authorized purposes as long as needed for those purposes, and the SUBRECIPIENT shall not dispose of, or incumber its title or other interests. C. Disposition-- When real property is no longer needed for the originally authorized purpose, the SUBRECIPIENT will request disposition instructions from the CITY. The instructions will provide for one of the following alternatives: (1) Retention of Title; retain title after compensating the CITY. The amount paid I to the CITY will be computed by applying the CITY'S percentage of participation in the cost of the original purchase, to the fair market value of the property. 25 96- 426 However, in those situations, where the SUBRECIPIENT is disposing of real property acquired with grant fluids, and requiring replacement property under the same program, the net proceeds from the disposition may be used as an offset to the cost of the replacement property. (2) Sale of Property; sell the property, and compensate the CITY. The amount due to the CITY will be calculated by applying the CITY's percentage of participation in the cost of the original purchase, to the sale, after deduction of any actual and reasonable selling and fixing -up expenses. If the grant is still active, the net proceeds from sale may be offset against the original cost of the property. When the SUBRECIPIENT is directed to sell property, sales procedures shall be followed that provide for competition to the extent practicable, and result in the highest possible return. I(3) Transfer of Title; transfer title to the CITY, or to a third -party designated/approved by the CITY. The SUBRECIPIENT shall be paid an amount calculated by applying the SUBR.ECIPIENT's percentage of participation in the purchase of the real I' property, to the current fair market value of the property. 5.13 GENERAL CONDITIONS A. All notices or other conununications which shall or may be given pursuant to this Agreement shall be in writing, and shall be delivered by personal service, 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. 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. RQ 96- 426 B. Title and paragraph headings are for convenient reference, and are not a part of this Agreement. C. 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. D. No waiver or 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. E. 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, suchh provisions, paragraphs, sentences, words, or phrases 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 severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. 5.14 INDEPENDENT SUBRECIPIENT SUBRECIPIENT and its employees and agents shall be deemed to be independent SUBRECIPIENT, and not agents or employees of the CITY, and shall not attain any 96- 426 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 and an employee of the CITY. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. ARTICLE VI SUBRECIPIENT CERTIFICATIONS SUBRECIPIENT certifies that: It possesses the legal authority to enter into this Agreement by way of a resolution, motion, or similar action that has been duly adopted or passed, as an official act of the SUBRECIPIENT governing body, 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 the Agreement, and to provide such additional information as may be required. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized on the first date above written. CITY OF MIAMI, a Municipal Corporation of Florida CESAR H. ODIO, CITY MANAGER SUBRECIPIENT: 96-- 426 CORPORATE RESOLUTION WHEREAS, desires to enter into an agreement with the City of Miami; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the By -Laws of the corporations; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that the president and secretary are hereby authorized and instructed to enter into a contract in the name and on behalf of this corporation with the City of Miami upon terms contained in the proposed contract to «Much this resolution is attached. DATED this day of , 19 (CORPORATE SEAL) 30 , President 96- 426 It is respectfully recommended that the City Commission adopt the attached Resolution, authorizing the City Manager to execute individual contracts with ten (10) neighborhood economic development organizations, Miami Capital Development, Inc. (MCDI), and the Latin Chamber of Commerce of the U.S.A. for the fiscal year 1996 -1997 contract period to be funded from Twenty-second (22nd) Year Community Development Block Grant Funds. Pursuant to Resolution No. 96-208, adopted by the City Commission at the meeting of March 23, 1996, $1,810,000.00 was allocated for economic development area funding and incentive plan, Miami Capital Development, Inc. and Latin Chamber of Commerce of the U.S.A.. The Neighborhood Enhancement Team (NET) is hereby requesting authorization to enter into individual contracts with ten (10) Community Based Organizations (CBOs), Miami Capital Development, Inc. and CAMACOL, for fiscal year 1996 - 1997, beginning July 1, 1996, through June 30,1997. Community Based Organizations are CDBG funded in order to carry out two (2) major activities: To implement the Commercial Facade Program, an area benefit activity, qualifying under, the National Objective of benefiting low and moderate (LAW income persons (570.202(a)3). To provide technical assistance to for profit businesses a job creationhetention and area benefit activity under the National Objective of benefiting Low and Moderate (L/IVI1 income persons 570.203(b). 1 96— 426 Honorable Mayor and Members of the City Commission Page 2 The CBOs also provide neighborhood outreach services to the local business 'community. These services include, but are not limited to, business recruitment, marketing and promotion, referral service to other federal and county programs that are aimed at economic revitalization, and business retention assistance and/or opportunities. Miami Capital Development, Inc. is the lending arm of the City of Miami, and CAMACOL provides economic development services to for profit businesses engaging in local and international trade and commerce. Based on monitoring visits and performance evaluations, NET is recommending . and requesting authorization to enter into individual contracts with the following ten (10) agencies for the herein specified amounts. Contract amounts for the CBOs have been calculated from a basic $50,000.00 a year plus incentives to reward over achievement as recommended by the U.S. Department of Housing and Urban Development (HUD) and their consultants, TONYA, Inc. In the case of Little Havana Development Authority, Inc. (LHDA), on November 18,1993, the City Commission passed Resolution No. 93-732, expanding the boundaries of the Little Havana Community Development target area. Therefore, LHDA's basic grant was increased to $100,000.00 in order for the agency to provide services in the expanded target area. Accordingto HUD's CFR 570.503(B)(7), Agreement with SUBRECIPIENTS, the City may impose certain corrective actions against SUBRECIPIENTS who fail to comply with Contractual Program Objectives. The City recommends a probationary funding period of six (6) months, for those CBO'S that are in non-compliance, according to its City Agreement. A. Miami Capital Development, Inc. (Revolving Loan Fund) $560,000.00 Miami Capital Development, Inc. (Administration) $250,000.00 B. Latin Chamber of Commerce $150,000.00 C. Community Based Or,aanizations: 1. Allapattah Business Development Authority, Inc. $80,000.00 2. Coconut Grove Local Development Corporation, Inc. $64,250.00 2 }` 96- 426 { Honorable Mayor and jI Members of the City Commission Page 3 Co _ munLi& Based O=nizations (eont): 3. Downtown Miami Partnership, Inc. $60, 750.00 4. Edgewater Economic Development Corporation, Inc. $54,500.00 5. Little Havana Development Authority, Inc. $114,100.00 6. Pierre Toussaint Haitian Catholic Center $50,250.00 7. St. John Community Development Corporation, Inc. $50,250.00 8. Small Business Opportunity Center, Inc. $79,500.00 Probationaa a_nd non-compliance agencies: 9. Greater Biscayne Boulevard Chamber of Commerce, Inc. $25,125.00 (6 months probation) 10. Martin Luther King Economic Development Corporation, Inc. $25,125.00 (6 months probation) During the last contract period, the economic development agencies received training and project assistance. The Community Based Organizations also participated in the Citywide Commercial Facade Program to provide exterior facade improvements to businesses within the eight (8) neighborhood target areas. NET will continue to closely monitor the agencies, and should be able to assist the CBOs in improving their performance at a neighborhood level. 4 Execution of contracts with the above named organizations is contingent upon successful i negotiations of budgets and scope of services with the agencies, and subject to approval of each work program, to assure compliance with federal mandated guidelines. I 96— 426 tj Downtown Miami Vartnerstup, Inc. $60,750.00 Edgewater Economic Development Corporation, Inc. $54,500.00 Little Havana Development Authority, Inc. $114,100.00 Small Business Opportunity Center, Inc. $79,500.00 Category II i Agencies with management problems and/or low performance output: Martin Luther King Economic Development Corporation, Inc. $25,125.00 (6 months probation) Greater Biscayne Boulevard Chamber of Commerce, Inc. $25,125.00 - (6 months probation) Pierre Toussaint Haitian Catholic Center, Inc. $50,250.00 St. John Community Development Corporation, Inc. $50,250.00 NET has continued to work with each agency in order to ensure compliance with City of Miami contractual requirements and HUD's guidelines. 96- 426 5 (a) Five (5) National Objectives, or (b) Ten (10) Facades, or (c) Combination of (a) and (b) For every $50,000.00 of Community Development Block Grant funds granted. I. FACADE $250.00 per facade after the tenth (loth) one. II. TECHNICAL ASSISTANCE $1,500.00 per National Objectives exceeding five (5). $300.00 per loan package accepted by a financial institution or Miami Capital Development, Inc., and presented to the loan committee after National Objectives are met. No funds if agency.did not meet goals. (Evidence of approval or rejection of loan by the loan committee must be provided, to receive credit). Maximum incentive amount to be granted: $30,000.00 Those agencies not meeting National Objectives goals will be evaluated on cost reasonableness by milestone. -4- 96- 426 Contract Compliance Exceeded National Objectives Goal Other Proects Projects Pending 7 62 96- 426 7 Projects Completed Projects National Objective Achieved Pendin Actiyj�tY Technical Assistance 5 Facade 13 Coconut Grove Ventures Expected completion by July 1996 Incubator Center Project Contract Compliance Exceeded National Objectives Goal Other Projects Grovites United to Survive (GUTS)/TIKI Project Section 1081oan--ready for initial disbursement by late summer. Mixed Use Development 3659 - 63 Grand Avenue Housing/commercial Property purchased August, 1994 Bidding process for renovation of building has been completed Recommendation Refunding: $64.250.00 8 } , 36 27 96 426 Activity Technical Assistance Facade Contract Compliance Exceeded National Objectives Goal 9 53 Projects fending 1 •e 96- 426 E Projects Completed National Objective Achieved 3 Contract Compliance Exceeded National Objectives Goal Projects endi Agency has not yet complied with generated revenues requirements. Other Projects N.E. 2nd Avenue Beautification (N.E. 2nd Avenue from 17th Street to 36th Street). 9 30 96- 426 Projects Pew 4 17 Agency has experienced major staff turn over. No executive director has been hired as of this date. Agency is still experiencing problems understanding HUD objectives and following rules, regulations and guidelines; meeting reporting deadlines and requirements. Agency has not submitted required certified audit. Agency has not yet complied with generated revenues requirements. Probation: 6 months Funding: $25,125.00 96- 426 11 May 15, 1996 Technical Assistance Facade -Contract Com liance Exceeded National Objectives Goal Qther Projects None Recommendation Refunding: $114,100.00 12 Projects Completed National Objective Achieved r7 28 Projects Pendin 3 41 96- 426 Economic Development Corporation, Inc. has no executive director. Agency has not cleared audit findings. Agency has not cleared monitoring findings. Other Projects Lincoln Square Building (Martin Luther King Business Center) $400,000.00 loan granted December 12, 1982 was re -negotiated in 1994 Loan is in default. Payments in arrears as of June, 1995. The last payment received from MLK was August 8, 1995. Agency is in default on all loans, including the first mortgage with First Union as of July 1995. Meeting with Board of Directors has been requested by First Union. No meeting has been scheduled as of this date. Recommendation Probation: 6 months Funding: $25.125.00 j Approval for funding subject to satisfaction of outstanding concerns and improved performance. 13 9 6 _ 426 { • 'F Projects Completed National Objective Achieved Projects din 4 18 a+vlluuVL \.V111�J 11CL111.G Met National Objectives Goal. Agency experienced staff turn over. Performance improved over the past six (6) months. 96-- 426 Facade Contract Compliance 9 Exceeded National Objectives Goal Agency has experienced internal administrative problems. Projects endin 6 3 15 96- 426 Projects Completed National Objective Achigved ct. . Technical Assistance 14 Facade 49 Contractor Compliance Exceeded National Objectives Goal Projects kmdhag 3 33 96- 426 CITY OF MIAMI NET Economic Development Division Community Based Organizations Proposed Funding & Incentives for Fiscal Year 1996- 77 AGENCY NAME NATIONAL OBJECTIVES FACADES FORMULA PROPOSED ALLOCATION ALLAPATTAH BUSINESS DEVELOPMENT 7 118 _ -_ 118-15= 103x250= 25,750 FAC $ 80,000.00_ AUTHORITY _ 7x1500 = 10,500 _ T/A _ 50,000 BASE _ ' COCONUT GROVE LOCAL DEVELOPMENT CORP. _ 9 13 13-10= 3x250= 9x 5500= 750 13,500 FAC T/A $ 64,260.00 50,000 BASE DOWNTOWN MIAMI PARTNERSHIP 0 53 53-10= 43x250= 10,750 FAC $ 60,750.00 50,000 BASE EDGEWATER ECONOMIC DEVELOPMENT 5 6 2 N/0=4 FAC CORP. - 3x1500= 4,500 T/A $ 64,500.00 50,000 BASE GREATER BISCAYNE BOULEVARD 1 9 _ 1 N/0=2 FAC 25,125.00 CHAMBER OF COMMERCE INTERNAL$ _ PROBLEMS 6 MONTHS PROBATION _ _ _ i _ _ LITTLE HAVANA DEVELOPMENT 7 • 32 32-20= 12x250= 3,000 FAC $ 114,100.00 AUTHORITY 2 loan packages 7x1500= _ 10,500 T/A 2x300= 600 L/P 100,000 BASE MARTIN LUTHER KING ECONOMIC 5 1 1x250= 250 $ 26,126.00 DEVELOPMENT CORPORATION INTERNAL PROBLEMS 6 MONTHS PROBATION PIERRE TOUSSAINT HAITIAN CATHOLIC 0 11 11-10= 1x250 250 FAC $ 50,260.00 CENTER 50,000 BASE ST. JOHN COMMUNITY DEVELOPMENT 3 5 3 N/O = 6 FAC -- ---- CORPORATION 1x250= 250 FAC $ 50,250.00 50,000 _ BASE _ 9 49-15= 34x250= 8,500 FAC $ 79,500.00 SMALL BUSINESS OPPORTUNITY CENTER 14 _L 14x1500= 21,000 T/A Note: Based on previous fiscal year (95-96) accomplishments Minimum requirements: 10 facades or 5 national objectives or a combination of both for every $50,000 base funding Incentives: $250 per facade/ $1,500 per national objective over minimum requirement/$300 per loan package accepted by financial Institution * Due to expansion of area, base funding was increased an additional $50,000