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HomeMy WebLinkAboutR-96-0427ig RESOLUTION N09 5 ` 427 A RESOLUTION, WITH ATTACHMENT, ALLOCATING $2,056,350 OF TWENTY SECOND (22ND) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO TWENTY-EIGHT (28) PREVIOUSLY APPROVED SOCIAL SERVICE AGENCIES AS HEREIN SPECIFIED FOR APPROVED SOCIAL SERVICE PROJECTS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID AGENCIES FOR SAID PROJECTS WHEREAS, the City Commission adopted Resolution 96-208 at its meeting of March 23, 1996, which authorized the City Manager to submit the City of Miami's proposed 1996 Consolidated Plan to the U.S. Department of Housing and Urban Development; and WHEREAS, the Consolidated Plan included an Action Plan which included specific funding recommendations for the City of Miami's Community Development Block Grant Program and an allocation of $2,056,350 for the provision of public service projects; NOW, THEREFORE, BE IT RESOLVED BY TIE 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 amount of $2,056,350 of Twenty Second Year Community Development Block Grant Funds are hereby allocated to the following Agencies: ATTACHMENTS) CONTAINED CITY COMMISSION MEETING OF J U N 1 3 1996 Resolution No. 96 - 427 Association for the Development of the Exceptional Supported Employment for Exceptional Adults Association for the Useful Aged, Inc. Assistance to the Elderly 2 22ND YEAR C.D. ALLOCATION $ 307,500 277,950 46,550 41,880 13,965 55,850 63,590 18,600 48,140 19,070 22,700 180,950 15,900 96- 427 rf , � f � Haitian American Civic Association, Inc. Haitian American Civic Association Little Haiti Housing Association Social Services Little Havana Activities and Nutrition Centers of Dade County, Inc. Elderly Hot Meals $ 70,750 65,150 23,275 98,475 82,590 40,600 23,275 259,675 63,070 32,575 25,370 37,225 70,125 Y St. Alban's Day Nursery, Inc. 28,275 Coconut Grove Family Day Care Program TOTAL C.D, ALLOCATION/PUBLIC SERVICES $ 2,056,350 Section 3. The City Manager is hereby authorized to execute individual agreements, in substantially the attached form, with the aforementioned Agencies to implement their respective social service projects, subject to approval of the City Attorney and to the conditions and i limitations contained herein and in the City Code. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 13th day of J e , 1996. f j►ti ADO GORT, VIG-AAYOLt FINANCE/BUDGETARY REVIEW: MANOH A DIRECTOR F T APPROVED AS TO FORM AND CORRECTNESS: 0 �WYIZYIZI—///i • 1r •GOMI 4 96- 427 ADDRESS: TELEPHONE: NOW, THEREFORE, in consideration of the mutual covenants and obligations herein set forth, the parties understand and agree as follows: 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 Department of j NET. 1.1 " Corporate Resolution authorizing execution of this Agreement. 1.2 The Work Program submitted by the SUBRECIPIENT to the CITY shall become an attachment to this agreement and shall include the following: should. detail the activities to be carried out by the 1.2.1 The description section ' SUBRECIPIENT. It should specifically describe the seryi es to be provided as a result of the expenditures of 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. 1.2.2 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 accomplishment of tasks on the delivery of services. These projected milestones and deadlines are a basis f for measuring actual progress during the term of the agreement. I 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's 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. 1.4 Certificate of Insurance which reflects SUBRECIPIENT's current liability i 1 insurance, naming the CITY as primary or additional insured as determined by the 96- 427 Risk Management Division of the CITY; current Workers' Compensation insurance; current Fidelity Bond (applicable for all persons who are authorized to receive and disburse funds under this Agreement), and other coverage as deemed necessary, if applicable (i.e., automobile insurance). 1.5 SUBRECIPIENT's Corporate Seal (to be affixed to Signatory Page and Corporate Resolution). 1.6 Current Certificate of Good Standing and Incumbency for SUBRECIPIENT. 1.7 Copy of SUBRECIPIENT's Article of Incorporation, Charter and Bylaws, and amendments thereto, if any, certified by SUBRECIPIENT's Corporate 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 that the SUBRECIPIENT's internal controls are adequate to safeguard the organization's assets as per (OMB) Circular A-133. 1.13 'Copy of last Audit Report as performed by an independent C.P.A. in accordance with OMB Circular A-133. 1.14 Corporate Personnel Policies and Procedures. 3 1.15 Job Description and Resumes for all positions funded in whole or in part under this Agreement. j 1.16 Acceptance of Office of Management and Budget (OMB) Circular A-87 "Principles for 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), and "O" (Procurement 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 Community Development Block Grant (CDBG) Program regulations, Final Rule {{' and Lead Base Paint Regulations 24 CFR Part 35. i 1.17 Copy of last Income Tax Return (IRS Form 990). ARTICLE II 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: i i (a) Records providing a full description of each activity assisted (or being assisted) with CDBG funds, including its location (if the activity has a 4 96- 427 I geographical locus), the amount of CDBG funds budgeted, obligated and expended for the activity, and the provision in 24 CFR Subpart C under the CDBG Program regulations which it is eligible. (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; or the SUBRECIPIENT may substitute a notice that the assisted person is a referral from a state, to refer individuals it determines to be low and moderate income persons based on HUD's criteria and agrees to maintain documentation supporting these determinations. Such records shall include the following information: 5 96- 427 (1) 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. (2) For each activity determined 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 (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)(1)(ii); (3) 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: (i) Documentation establishing that the facility or service is designed for and used by senior citizens, handicapped persons, battered spouses, abused children, the homeless, illiterate persons, or migrant farm workers, for which the regulations provide C 95- 427 presumptive benefit to low and moderate income persons; or (ii) 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 (iii) Data showing the size and annual income of the family of each person receiving the benefit. Equal Opportunity Records containing: (1) Data on the extent to which each racial and ethnic group and single -headed households (by gender of household head) have applied for, participated in, or benefited from, any program or activity funded in whole or in part with CDBG funds. Such information shall be used only as a basis for further investigation as to compliance which is required to attain or maintain any particular statistical measure by race, ethnicity, or gender in covered programs. Documentation of actions undertaken to meet the requirements of 24 CFR 570.607(b) which implements Section 3 of the Housing Development Act of 1968, as amended (12 U.S.C. 1701U) relative to the hiring and 7 96- 427 training of low and moderate income persons and the use of local businesses. Financial records, in accordance with the applicable requirements listed in 24 CFR 570.502. Records required to be maintained in accordance with other applicable laws and regulations set forth in Subpart K of 24 CFR. 2.2 As a necessary part of this Agreement, the SUBRECIPIENT shall provide the following documents to the Department of NET, in accordance with the requirements of the Agreement: A. Final Expenditure Report to be submitted no later than thirty (30) days after contract expiration. 1 B. Certified Independent Audit to be submitted ninety (90) days after the expiration of the corporate fiscal year. SUBRECIPIENT receiving monies ! from the Department of NET must allocate in its budget sufficient funds to secure an annual independent audit which must include the expression of an opinion on the SUBRECIPIENT's financial statements, and a compliance letter stating whether the SUBRECIPIENT is in conformity with federal grant regulations. SUBRECIPIENT shall have an audit made in accordance with (OMB) Circular A-133, made by an independent certified public auditor to determine whether: 8 96- 427 t ;j 1. (1) The financial statements of the institution present fairly its 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. The term of this Agreement shall be from July 1, 1996 to June 30, 1997 3.2 CITY AUTHORIZATION For the purpose of this Agreement, the City of Miami Department of NET (hereinafter the "DEPARTMENT") will act on behalf of the CITY in the fiscal E 95- 427 f control, programmatic monitoring, and modification of this Agreement, except as otherwise provided by this Agreement. This instrument and its attachriients constitute the only Agreement of the parties hereto relating to said grant and correctly sets forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations or representations not expressly set forth in the Agreement are of no force or effect. 3.4 OBLIGATION OF SUBRECIPIENT The SUBRECIPIENT shall carry out the services as prescribed in its Work Program, which is attached and incorporated herein and made a part of this Agreement, in a lawful and proper manner, satisfactory to the CITY, in r accordance with the written policies, procedures and requirements as prescribed in this Agreement, as set forth by the US Department of Housing and Urban Development (HUD) and the City of Miami Department of NET. 3.4.1 NON DISCRIMINATION The SUBRECIPIENT agrees that it shall not discriminate as to race, color, religion, sex, national origin, age, handicap or marital status in connection with its performance under this agreement. 3.5 POLICIES AND PROCEDURES MANUAL SUBRECIPIENT is aware and accepts the Policies and Procedures Manual for s. Community Based Organizations as the official document which outlines the 10 95- 427 fiscal, administrative and Federal guidelines, and which shall regulate the day-to- day operations of the SUBRECIPIENT. 3.6 BONDING AND INSURANCE At all times during the term hereof, SUBRECIPIENT shall maintain insurance and bonding coverages acceptable to the CITY's Department of Risk Management Division of the Personnel Management Department. Prior to commencing any activity under this Agreement, the SUBRECIPIENT shall furnish to th CITY original certificates of insurance and bonding indicating that i 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 jCITY's Department of Risk Management, and that requires the Insurance carrier to give the City at least 14 days prior written 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 an amount of not less than $500,000. 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. 96- 427 (d) SUBRECIPIENT shall provide the CITY with proof of Automobile Liability Coverage in an amount of not less than $300,000 for each driver Bodily Injury and Property Damage combined, if SUBRECIPIENT is to be reimbursed for mileage by the CITY. (e) The SUBRECIPIENT shall obtain Workers' Compensation and Employers' Liability coverage as per statutory requirements. (f) Flood Insurance as required by the City, if applicable. Compliance with the foregoing requirements shall not relieve the SUBRECIPIENT of its liability and obligations under the section or under any other section of this agreement. 3.7 LEVEL OF SERVICE Should start-up time for a program be required or any delays in service occur, the Department of NET 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 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. 3.8 OTHER PROGRAM REQUIREMENTS 12 96- 427 (a) (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). SUBRECIPIENT shall not assume the CITY's environmental responsibilities described at 24 CFR 570.604 of the CDBG Program regulations, and the CITY's responsibility for initiating the review process under Executive Order 12372. (c) 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. The SUBRECIPIENT shall abide by the Federal Labor Standards provisions of US HUD Form 4010 incorporated herein as part of this agreement. _I j 3.9 PROGRAM INCOME Program income means gross income received by the SUBRECIPIENT which has been directly generated via the use of CDBG funds. 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 only undertake 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 13 96- 427 1 such expiration shall be paid to the CITY, as required by 24 CFR 570.503(b)(8) of the CDBG Program regulation. t + SUBRECIPIENT shall. submit a Program Income Report on a monthly basis along with the required monthly Work Program Status Report. The E { Program Income Report will identify CDBG activities in which income was derived and how income has been utilized. 3.10 REPORTS, AUDITS AND EVALUATIONS The SUBRECIPIENT shall comply with the Federal Directive required by the U.S. Department of Housing and Urban Development (USHUD) to document that program activities are provided for the benefit of low to moderate income persons. In accordance with the Code of Federal Regulations 24 CFR Part 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's official policy on specified issues relating to SUBRECIPIENT's activities. CITY will carry out monitoring and evaluation activities, including visits and observations by CITY staff, I SUBRECIPIENT shall ensure the cooperation of its employees and Board i I members in such efforts. Any inconsistent, incomplete, or inadequate information either received by the CITY or obtained through monitoring 14 96- 427 and evaluation by the CITY, shall constitute good cause for the CITY to terminate this Agreement at any time thereafter. ARTICLE IY A. CITY shall pay SUBRECIPIENT, as maximum compensation for the services required pursuant to Article II hereof, $ B. During the term hereof and for a period of three (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 I pertaining to any payments by CITY. C. With a written request from GRANTEE, CITY may advance two (2) months of the appropriated funds to SUBRECIPIENT. The advance shall be justified as follows: one-half (1 /2) in nine (9) equal installments commencing in the third month of this Agreement and continuing through the eleventh month of this Agreement; one-half (1/2) in the twelfth and final month of this Agreement. This method of justifying the advance may be amended by the DEPARTMENT. Funds shall not be advanced by the CITY if the SUBRECIPIENT is in default under this Agreement. D. All payments shall be reimbursements for expenditures incurred only during the term of this Agreement, and in compliance with the previously -item Budget. Such written request shall contain a approved Line 15 96- 427 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 form and be in accord with this Agreement. All expenditures must be verified by original invoice with a copy of the check which was used to pay that specify invoice. Within 60 days of submitting reimbursement request, copies of the cancelled checks shall be submitted. In the event that an invoice is paid by various funding sources, a copy of the invoice may be submitted but must indicate the exact amount paid by various funding sources equaling the total of the invoice. No miscellaneous categories shall be accepted as a line item in the budget. Request for line -item changes are allowable, with prior review and approval by the CITY. All line -item changes must be made prior to the end of the term of the Agreement. Requests for payment should be made at least on a monthly basis. Reimbursement requests should be submitted to the CITY within thirty (30) calendar days after the indebtedness has been incurred. Failure to comply, may result in the rejection for repayment of those invoices within the reimbursement package which do not meet this requirement. SUBRECIPIENT must submit the final request for payment to the CITY within 30 calendar days following the expiration date or termination date 16 96- 427 of this Agreement. If the SUBRECIPIENT fails to comply with this requirement, all rights to payment are forfeited and the CITY shall not honor any request submitted after the aforesaid agreed upon period. G. Any payment due under this Agreement may be withheld pending the receipt and approval by the CITY of all reports due from the SUBRECIPIENT as a part of this contract and any modifications thereto. 4.2 FINANCIAL ACCOUNTABILITY 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 (3) 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 amounts 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. 4.3 RECAPTURE OF FUNDS CITY shall reserve the right to recapture funds when the SUBRECIPIENT shall fail (i) to 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. 4.4 CONTINGENCY CLAUSE Funding for this Agreement is contingent on the availability of funds and j continued authorization for program activities and is subject to amendment or 17 95- 427 termination due to lack of funds or authorization, reduction of funds, andlor change in regulations. 4.5 SEPARATION OF CHURCH/STATE In accordance with First Amendment Church/State principles, CDBG assistance may not be used for religious activities or provided to primarily religious entities for any activities, including similar activities, as directed by 24 CFR 570.2000). SUBRECIPIENT shall comply with this provision when entering into subcontracts. 4.6 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 disposition of all real property utilizing grant funds, and to the displacement of persons, businesses, non-profit organizations occurring as a direct result of any acquisition or real property utilizing grant funds. 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's activities under this Agreement, including all other acts t or omissions to act on the part of SUBRECIPIENT, including any person acting for or on its behalf; from and against any relevant orders, judgements, or decrees 18 96- 427 which may be entered against the CITY; and from and against all costs, attorney's r fees, expenses, and liabilities incurred by the CITY in the defense of any such l claims or in the investigation thereof. } 5.2 AMENDMENTS f f No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. 5.3 OWNERSHIP OF DOCUMENTS All documents developed by SUBRECIPIENT under this Agreement shall be delivered to CITY by said SUBRECIPIENT upon 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 contractual relationship between CITY and SUBRECIPIENT 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 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. 5.4 AWARD OF AGREEMENT SUBRECIPIENT warrants that it has not employed or retained any persons employed by the CITY to solicit or secure this Agreement and that it has not j offered to pay, paid, or agreed to pay any person employed by the CITY any fee, 19 96- 427 commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. 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 City's sole discretion CONSTRUCTION OF AGREEMENT This Agreement shall be construed and enforced according to the laws of the State of Florida. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercise any functions or responsibilities in connection with CDBG funded activities, has any personal financial interest, direct or indirect, in this Agreement. The SUBRECIPIENT further convenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interests on the part of 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 2-11.1) and the State of Florida, and agrees that it shall fully comply in all respects with the terms of said laws. 20 96- 427 5.7 OBLIGATION TORENEW i Upon expiration of the term of this Agreement, SUBRECIPIENT agrees and i understand that CITY has no obligation to renew this Agreement. I: i 5.8 TERMINATION OF CONTRACT i 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 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. 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, or if the CITY deems it convenient to a;. C terminate it. 5.8.1 REMEDIES FOR NONCOMPLIANCE 21 96- 427 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). (1) Temporarily withhold cash payments pending correction of the deficiency by the SUBRECIPIENT and RECIPIENT or more severe enforcement action by the awarding agency. (2) 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 fiu-ther awards for the program, or (5) Take other remedies that may be legally available. 5.9 REVERSION OF ASSETS Upon expiration of this Agreement, the SUBRECIPIENT shall transfer to the CITY any CDBG fiends on hand at the time of expiration and any accounts receivable attributable 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 shall be either: A. Used to meet one of the three (3) CDBG National Objectives set forth by 24 i . 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 i. j appropriate by the CITY; or 22 96- 427 y�1 i B. 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 attributable to expenditures of non-CDBG funds for acquisition of, or improvements to, the property. i 5.9.1 SALE OF PROPERTY, DISPOSITION, RETENTION AND TRANSFER i I 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 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 that purpose, and the SUBRECIPIENT shall not dispose of or encumber 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 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. However, in those situations 23 96- 427 (3) where the SUBRECIPIENT is disposing of real property acquired with grant funds and acquiring replacement real property under the same program, the net proceeds from the disposition may be used as an offset to the cost of the replacement property. 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 proceeds of 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. 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 SUBRECIPIENT's percentage of participation in the purchase of the real property to the current fair market value of the property. �. 5.10 GENERAL CONDITIONS A. All notices or other communications 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 24 96- 427 If 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, 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, 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 i (' deemed severable, and in either event, the remaining terms and provisions of I this Agreement shall remain unmodified and in full force and effect. 25 96- 427 SUBRECIPIENT and its employees and agents shall be deemed to be independent SUBRECIPIENTS 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 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'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 the Agreement and to provide such additional information as may be required. 26 96- 42'7 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. 1 CORPORATE SECRETARY 27 CITY OF MIAMI, a municipal Corporation of the State of Florida CESAR H. ODIO CITY MANAGER SUBRECIPIENT: SEAL PRESIDENT 96- 427 GUARANTEE I, in consideration of the City of Miami's ,i execution of the foregoing Agreement, the undersigned, guarantee the performance of the terms and conditions in said Agreement required to be performed by the 1 SUBRECIPIENT including but not limited to the provisions relating to default, assurances, and certifications. Dated this day of 1996, by , individually and on behalf of , the SUBRECIPIENT. GUARANTOR: NAME Individually and on behalf of APPROVED AS TO INSURANCE REQUIREMENTS: APPROVED AS TO LEGAL FORM AND CORRECTNESS: 28 96- 427 On March 23, 1996, the City Commission adopted Resolution 96-208 which authorized the City Manager to submit the City of Miami's 1996 Consolidated Plan to the U.S. Department of Housing and Urban Development. The Consolidated Plan included an Action Plan reflecting specific projects to be implemented by the City of Miami during the 22nd C.D. Year. The Action Plan included twenty eight (28) social service projects previously approved by the City Commission. The proposed resolution effectuates the intent of the approved Consolidated Plan by allocating $2,056,350 of 22nd Year Community Development Block Grant Funds to previously approved social service agencies, and further authorizes the City Manager to execute agreements with these agencies in substantially the form attached. Attachments: i Proposed Resolution Social Services Agreement I 96- 427 n.