HomeMy WebLinkAboutR-96-0428t
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J-96-483
6/6/96
RESOLUTION NO. 9 6- 428
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO EXECUTE INDIVIDUAL CONTRACTUAL AGREEMENTS,
IN SUBSTANTIALLY THE ATTACHED FORM, WITH FOURTEEN (14)
HOUSING COMMUNITY DEVELOPMENT CORPORATIONS:
(ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, BAME
DEVELOPMENT CORPORATION OF SOUTH FLORIDA, INC., COCONUT
GROVE LOCAL DEVELOPMENT CORPORATION, CODEC, INC., EAST
LITTLE HAVANA CDC, EDGEWATER ECONOMIC DEVELOPMENT
CORPORATION, FLORIDA HOUSING COOPERATIVE, INC., GREATER
MIAMI NEIGHBORHOODS, INC., CHRISTIAN COMMUNITY SERVICE
AGENCY, HABITAT FOR HUMANITY OF GREATER MIAMI, RAFAEL
HERNANDEZ HOUSING & ECONOMIC DEVELOPMENT CORPORATION,
ST. JOHN COMMUNITY DEVELOPMENT CORPORATION, LITTLE HAITI
HOUSING ASSOCIATION AND URBAN LEAGUE OF GREATER MIAMI,
INC.), FOR THE PURPOSE OF UNDERTAKING ACTIVITIES FOR THE
DEVELOPMENT AND/OR REHABILITATION OF HOUSING
AFFORDABLE TO LOW AND MODERATE INCOME FAMILIES AND
INDIVIDUALS; FURTHER ALLOCATING FUNDS THEREFOR FROM. THE
22ND YEAR CDBG PROGRAM IN THE AMOUNTS AS SPECIFIED
HEREIN.
WHEREAS, there exists in the City of Miami a severe shortage of housing within the
affordable range of families and individuals of low and moderate income; and
WHEREAS, the City Commission recognizes that the participation of both the public and
private sector is necessary to foster the development of housing within the affordable range of the
City's low and moderate income families and individuals; and
A T T A C H KE RT (S)
CONTAINED
CITY COMMISSION
MEETING OF
J U N 1 3 1996
Resolution No.
96- 428
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WHEREAS, the City Commission, through Resolution No. 96-208 approved the
allocation of 22nd year Community Development Block Grant Program funding to fourteen (14)
organizations, for the purpose of providing administrative support to those community based not -
for -profit housing corporations undertaking activities to develop and/or rehabilitate affordable
housing unit in the City; and
WHEREAS, the roles and responsibilities of the City and the aforementioned community
development corporations will be set forth in contractual agreements, in substantially the attached
form;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
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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.
f Section 2. The City Manager is hereby authorized' to execute individual contractual
agreements, in substantially the form attached, with the following housing community
development corporations listed in Section 3 below, for the purpose of providing administrative
`support for undertaking housing activities to develop and/or rehabilitated affordable housing units
in the City of Miami, subject to approval of each corporation's work program by the U.S.
Department of Housing and Urban Development (HUD).
Section 3. The City Commission hereby allocate funding from the 22nd Year CDBG
Program for the purpose of providing administrative funding to the following not -for -profit
' community development corporations listed below:
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
provision.
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4
Community Development Corporations
1,
Allapattah Business Development
Authority
2.
BAME'Development Corporation
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of South Florida, Inc.
3.
Coconut Grove Local Development
Corporation
4.
C Y Service Agency
Christian Community A Y
5.
Edgewater Economic Development
Corporation
(6 months probation)
6.
Florida Housing Cooperative, Inc.
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(6 months probation)
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7.
Greater Miami Neighborhoods, Inc.
8.
Habitat For Humanity of Greater
Miami
Amount
50,000
50,000
50,000
50,000
50,000
50,000
50,000
25,000
200,000
50,000
50,000
80,000
100,000
50,000
Period
1 Year
1 Year
1 Year
1 Year
1 Year
1 Year
1 Year
1 Year
1 Year
1 Year
1 Year
1 Year
1 Year
1 Year
Section 4. This Resolution shall become effective immediately upon its adoption.
96- 428
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PASSED AND ADOPTED this 13 th day o-.
I APPROVED AS TO FORM AND CORRECTNESS:
` WiFREDO GORT, VICE -MAYOR`
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TELEPHONE NO.:
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 NET (Community
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Development).
1.1 Corporation Resolution authorizing execution of this Agreement.
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1.2 The Work Program submitted by the SUBRECIPIENT to the CITY shall become an
attachment to this and shall include the following:
1.2.1 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 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. The SUBRECIPIENT hereby agrees that for the
covering
Year Community Development Block Grant Program year for the period
through
and for funding in
the amount of : , shall carry the acquisition of suitable vacant parcels for
the development of ten (10) new single family homes:
Project Name:
Occupancy/Type:
I. 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
r deadlines for accomplishment of tasks, on the delivery of services. These projected
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milestones and deadlines are a basis for measuring actual progress during the term 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.
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.
Certificate of Insurance which reflects SUBRECIPIENT current liability insurance,
naming the CITY as primary or additional insured as determined by the Risk
Management Department of the CITY; current Worker's Compensation insurance;
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 affixed to Signatory page, and Corporate
Resolution).
1.7 Copy of SUBRECIPIENT Article of Incorporation, Charter and By-laws.
1.8 List of Present Principal Governing Board Officers and Members of the Board (names,
addresses and telephone numbers).
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1.9 List of Key Staff Persons, with their titles, who will carry out this program.
j 1.10 Completion of Authorized Representative Statement.
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Completion of Statement of Accounting System.
A letter from an independent Certified Public Accountant which expresses the opinion of
the SUBRECIPIENT internal control and compliance with laws and regulations which
adequately safeguard the agencies assets as per OMB Circular A-133.
Copy of last Audit Report as performed by an independent Certified Public Accountant in
accordance with OMB Circular A-133.
Corporate Personnel Policies and Procedures.
Job Description and Resumes for all positions funded in whole or in part under this
Agreement.
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
provided as an attachment to this Agreement (Attachment I). Lead Base Paint
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Regulations 24 CFR part 35.
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1.17 Copy of last Income Tax Return (IRS Form 990).
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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.
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' (a) Records providing a full description of each activity assisted (or being assisted)
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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 Subpart C under the CDBG Program regulations which it
i 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
f income by family size is required, the SUBRECIPIENT may substitute evidence
f 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
is
570.3; or the SUBRECIPIENT may substitute a notice that the assisted person is a
referral from a sate, to refer individuals it determines to be low and moderate
income persons based on HUD's criteria and agrees to maintain documentation
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supporting these determinations. Such records shall include the following
information (Attachment I).
(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 carried out for the purpose of providing or improving
housing which is determined to benefit low and moderate income persons:
(i) A copy of a written agreement with each landlord or developer
receiving CDBG assistance indicating the total number of dwelling
units in each multifamily structure assisted and the number of those
units which will be occupied by low and moderate income households
after assistance. The SUBRECIPIENT hereby agrees that a total
number of — dwelling units in the
project will be made available and occupied by low
and moderate income households after assistance, pursuant to the
requirements of 24 CFR 570.506(b)(4);
(ii) The total cost of the activity, including both CDBG and non-CDBG
funds.
(iii) For each unit occupied by low and moderate income households, the
size and income of the household;
(iv) For rental housing only:
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(A) The rent charged (or to be charged) after assistance for each
dwelling unit in each structure assisted; and
(B) Such information as necessary to show the affordability of units
occupied (or to be occupied) by low and moderate income
households pursuant to criteria established and made public by
the recipient;
(v) for each property acquired on which there are no structures, evidence
or commitments ensuring that the criteria in 570.208(a)(3) will be met
when the structures are built; and
(vi) Where applicable, records demonstrating that the activity qualifies
under the special conditions at 570.208(a)(3)(i).
(3) For each activity determined to aid in the prevention or elimination of slums
or blight based on addressing one or more of the conditions which qualified
an area as a slum or blighted area;
(i) The boundaries of the area; and
(ii) A description of the conditions which qualified the area at the time of
its designation in sufficient detail to demonstrate how the area met the
criteria in 570.208(b)(1).
For each residential rehabilitation activity determined to aid in the prevention
or elimination of slums or blight in a slum or blighted area:
(i) The local definition of "substandard";
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(ii) A pre -rehabilitation inspection report describing the deficiencies in
each structure to be rehabilitated; and
(iii) Details and scope of CDBG assisted rehabilitation, by structure
(5) For each activity determined to aid in the prevention or elimination of slums
and blight based on the elimination of specific conditions of blight or
physical decay not located in a slum or blighted area:
(i) A description of the specific condition of blight or physical decay
treated; and
(ii) For rehabilitated carried out under this category, a description of the
specific conditions detrimental to public health and safety which were
identified and the details and scope of the CDBG assisted
rehabilitation by structure.
(6) For each activity determined to aid in the prevention or elimination of slums
and blight based on addressing slums or blight in an urban renewal area, a
copy of the Urban Renewal Plan, as in effect at the time the activity is carried
out, including maps on supporting documentation.
Records which demonstrate compliance with 24 CFR 570.505
regarding any change of use of real property acquired or improved
with CDBG assistance.
Records which demonstrate compliance with the requirements in
570.606 regarding acquisition, displacement, relocation, and
replacement housing.
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(iii) Fair housing and equal opportunity records containing:
(A) Documentation of the actions the recipient has carried out with
its housing and Department of NET (Community Development)
and other resources to remedy or ameliorate any conditions
limiting fair housing choice in the recipient's community, and
documentation of any other official actions the recipient has
taken which demonstrate its support for fair housing, such as
development of a fair housing analysis described in 24 CFR
570.904(c).
(B) Data on the extent to which each racial and ethnic group and
single -headed households (be 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 with nondiscrimination requires.
No recipient is required to attain or maintain any particular
statistical measure by race, ethnicity, or gender in covered
programs.
(C) Data on employment in each of the recipients operating units
funded in whole or in part with CDBG funds, with such data
maintained in the categories prescribed on the Equal
Employment Opportunity Commission's EEO-4 form; and
documentation of any actions undertaken to assure equal
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employment opportunities to all persons regardless of race,
color, national origin, sex or handicap in operating units funded
in whole or in part under this part.
(D) Data indicating the race and ethnicity of households (and gender
of single heads of households) displaced as a result of CDBG
funded activities, together with the address and census tract of
the housing units to which each displaced household relocated.
Such information shall be used only as a basis for further
investigation as to compliance with nondiscrimination
requirements. No recipient is required to attain or maintain any
particular statistical measure by race, ethnicity, or gender in
covered programs.
(E) Documentation of actions undertaken to meet the requirements
of 24 CFR 570.607(b) which implements Section 3 of the
Housing Development Act of 1968, as amended (12 U.S.C.
1701U) relative to the hiring and training of low and moderate
income persons and the use of local businesses.
(F) Data indicating the racial/ethnic character of each business
entity receiving a contract or subcontract of $25,000 or more
paid, or to be paid, with CDBG funds, data indicating which of
those entities are women's business enterprises as defined in
Executive Order 12138, the amount of the contract or
to
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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 not 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 of subcontract solely or in part on the basis of
race or gender.
(iv) Financial records, in accordance with the applicable requirements
listed in 24 CFR 570.502.
(v) Agreements and other records related to lump sum disbursements to
private financial institutions for financing rehabilitation as prescribed
in 24 CFR 570.513; and
(vi) Records required to be maintained in accordance with other applicable
law regulations set forth in Subpart K of 24 CFR.
j 2.2 As a necessary part of this Agreement, the SUBRECIPIENT shall provide the following
documents to the Department of NET (Community Development), in accordance with the
requirements of the Agreement:
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A. Final Expenditure Report to be submitted no later than thirty (30) days after
contract expiration.
B. A Certified Independent Audit to be submitted a hundred and twenty (120) days
after the expiration of the corporate fiscal year. SUBRECIPIENT receiving
monies from the Department of Community Development must allocate in its
budget sufficient funds to secure an annual independent audit which must include
I 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 audit made in
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i accordance with OMB Circular A-133, made by an independent certified public
C auditor to determine whether:
(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
j major Federal programs.
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For the purpose of this Agreement, the City of Miami Department of NET (Community
Development) (hereinafter the "DEPARTMENT") will on behalf of the CITY in the
fiscal control, programmatic monitoring, and modification of this Agreement, except as
otherwise provided by this Agreement.
3.3 ENTIRE AGREEMENT
This instrument and its attachments 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 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,
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paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in
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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.
3.4 OBLIGATI
e TION OF Si JBRF.CIPIENT
The SUBRECIPIENT shall cat-ry out the services as prescribed in its Work Program
(Attachment II), which is attached and incorporated herein and made a part of this
l, and prior manner, satisfactory to the CITY, in accordance with
Agreement, in a lawfu
the written policies, procedures, and requirements as prescribed in this Agreement, as set
forth by the U.S. Department of Housing and Urban Development (HUD) and the City of
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Miami, Department of NET (Community Development).
3.4.1 NON-DISCRT_MINATION:
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.
Furthermore, that no otherwise qualified individual shall, solely by reason of his/her race,
sex, color, creed, national origin, age, marital status or handicap, be excluded from the
participation in, be denied, benefits of, or be subjected to discrimination under any
program or activity receiving federal financial assistance.
3.5 POLICIESeND pROCEDU ES MANUAL
SUBRECIPIENT is awMre and accepts the Personnel Policies and Procedures Manual
(Attachment III) for Community Development Block Grant SUBRECIPIENT as the
official document which outlines the fiscal, administrative and Federal guidelines and
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which shall regulate the day-to-day operations of the SUBRECIPIENT, which is attached
and incorporate herein and made a part of this Agreement.
BONDING AND INSURANCE
SUBRECIPIENT shall maintain insurance and bonding coverage at all times during the
term hereof, acceptable to the CITY's Department of Risk Management. 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 coverage:
(a)
(b)
Insurance coverage that reflects sound business practices acceptable to the CITY's
Department of Risk Management and that requires the Insurance Carrier to give
the CITY at least 14 days prior notice of termination, cancellation or expiration of
insurance policy.
Fidelity bonding for all persons handling fluids 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.
Current liability insurance shall be in 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.
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
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and Property Damage combined, if SUBRECIPIENT is to be reimbursed for
mileage by the CITY.
(e) The SUBRECIPIENT shall obtain Worker's 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 this section or under any other section of this Agreement.
Should. start-up time for a program be required or any delays in service occur, the
Department of NET (Community Development) is to the 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
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(b)
(c)
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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 wider Executive Order 12372
(Attachment 1).
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 U.S. HUD Form 4010 incorporated herein as part of this
agreement.
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 such expiration shall be paid to the CITY, as required
f
by 24 CFR 570.503(b)(8) of the 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
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identify CDBG activities in which income was derived and how income has been
utilized.
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 official policy on specified issues relating to SUBRECIPIENT
activities. The SUBRECIPIENT shall submit monthly and/or quarterly progress reports,
MBO 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 of obtained through monitoring and evaluation
by the CITY, shall constitute good cause for the CITY to terminate this Agreement at any
time thereafter.
4.0 FUNDING
ARTICLE IV
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4.1
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A. CITY shall pay SUBRECIPIENT, $ as maximum compensation
for the services provided during the term 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.
B. During the term hereof, and for a period of 3 years following the date of the last
A
payment made hereunder, CITY shall have the right to review and audit the time
records and related records of SUBRECIPIENT pertaining to any payments by
CITY.
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 al expenditures were made in accordance with the approved budget.
All documentation in support of such request shall be subject to approval by
CITY at that 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 the Agreement. All expenditures must be verified by
original invoice with a copy of the check which was used 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
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D.
f.,
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E.
categories shall be accepted as a line item in the budget. Two 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 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
result in the rejection for repayment of those invoices with 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 of this
Agreement. If the SUBRECIPIENT fails to comply with this requirement, all
right to payment are forfeited and the CITY shall not honor any request submitted
after the aforesaid agreed upon period.
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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
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the direction of the federal, state and local agencies.
4.4 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
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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.
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.
M-WMIXTIMN ISHKOMSHURIGIUMN
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.
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5.0
5.1
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5.2
ARTICLE V
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 an 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.
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No amendments to this Agreement shall be binding on either party unless in writing and
signed by both parties.
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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
f
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
22
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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.
NON-DELEGABILITY
The obligations undertaken by the SUBRECIPIENT pursuant to this Agreement shall not
be delegated or assigned to any other person or firm, in whole or in part, without the
CITY's prior written consent which may be granted or withheld in the CITY's sole
discretion.
•► - 1 *11101 UIREGIMMORMORNMAM
This Agreement shall be construed and enforced according to the laws of the State of
Florida.
5.6.1 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 covenants that, in the performance of this Agreement, no person having such
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t
i
5.8
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-
I1-.1) and the State of Florida, and agrees that it shall fully comply in all respects with
the terms of said laws.
Upon expiration of the term of this Agreement, SUBRECIPIENT agrees and understands
that CITY has no obligation to renew this Agreement.
_ i_►/ 1\ � • W •
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
i SUBRECIPIENT is not in default under the terms of this Agreement. If SUBRECIPIENT
i
is in default, then CITY shall in no way be obligated and shall not pay to
SUBRECIPIENT any sum whatsoever.
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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 terminate it.
REMEDIES 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).
(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 art
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.
5.9 REVERSION OF ASSETS
Upon expiration of this Agreement, the SUBRECIPIENT shall transfer to the CITY any
CDBG funds on hand at the time of expiration and any accounts receivable attributable to
? the use of CDBG fluids.
i 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:
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A. 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
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.
- :-
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 purposes, and the
SUBRECIPIENT shall not dispose of or encumber its title or other interests.
C. Disposition - When real property is no longer need 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 where the SUBRECIPIENT is
disposing of real property acquired with grant funds and acquiring
26 95- 428
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. .
(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 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.
(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 SUBRECIPIENT' S percentage of
participation in the purchase of the real property to the current fair market
value of the property.
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 indicated herein or as
the same may be changed from time to time. Such notice shall be deemed given
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95- 428
i
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.
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.
{
f E. Should any provisions, paragraphs, sentences, words or phrases 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
Enot modifiable to conform with such laws, then same shall be deemed severable,
C and in either event, the remaining terms and provisions of this Agreement shall
4 , remain unmodified and in full force and effect.
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5.11 Il`DFPENDFET ONTRACTOR (Si 1BRECIPIENTI
SUBRECIPIENT and its employees and agent shall be deemed to be independent
SUBRECIPIENT 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.
SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the parties hereto, and their respective heirs,
executors, legal representatives, successors, and assigns.
ARTICLE VI
•M�
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, 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.
., IN WITNESS WHEREOF, -the parties hereto have caused this instrument to be executed
i
!" by the respective officials thereunto duly authorized on the first date above written.
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CITY OF MIAMI, a municipal
Corporation of the State of Florida
CESAR H. ODIO
CITY MANAGER
SEAL
APPROVED AS TO FORM AND
CORRECTNESS:
A. QUINN JONES, III
CITY ATTORNEY
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It is ruspcctruuy reconurtc:nded that tho City Cununissien adopt the attached resolution,
authorizing div City Munagvr to execute individual contractual agrecincnts with fourteen (14)
housing community development corpurdtiurrs (CDC's), fur Qic wuiraut period covering FY'
1996-1997. The attached resolution further dire uts thu City Meuiagur to disburse funding in the
amounts stated in Section 3 of the altachul resolution, front Twcuty-Second (22ad) Year
Community Development Block Grant Program funds, to the said acighborhood based
community development corporations, for the; purpose of undertaking housing ielated activities
in the City.
On March 23, 19960 the City Commission, through Resolution No. 96.208, allocated $775,000
in Twenty -Second (22nd) Year Community Development BIock Grant Program funds to
fourteen (14) housing community development corporations (CDC's), for the purpose of
undertaking new housing development and/or housing rehabilitation activities in the City.
Over the past several years, over 1,288 new affordable housing units have been developed in
the City of Miami by housing community development corporations (CDC's).
Moreover, during the next two (2) years, approximately 542 affordable housing units are being
planned, to be sponsored by community development corporations (CDC's) on city -owned land
or other forms of financial assistance from the City, County, State and Federal sources. Attached
Is a listing of the various housing projects which have been completed and/or planned by
community development corporations in the City.
Based uu perfurt wiw turd housing yroduCtion, NET recommends ratification of the attached
resolution, authorizing the City Manager to execute individual contractual agrecincnts with
fourteen (14) ncighborhood based Community development corporations, in furtherance of their
erforts to foster the development and/or rehabilitation of housing affordablo to low and moderate
income farnilics and individuals in the City of Miami.
9G-- 428'
. JUN— % WED 13 :29 P. 02
honorable Mayor and
Members ofthc City Coruuussion
1PASO
According to U.S. HUD's ChR 570.503(B)(7), Agreement with Subrccipients, the City may
impose certain corrective actions against :Subrocipicnts who fail to comply with Contractual
Prograrn Objectives. Oyer the past two (2) years, a total of four (4) C DC's have received
adntinistrativ� funding support frown the City for carrying -out housing related activities, however,
they have not been successful in developing any housing units as per their contractual agreement
with thc'City. As a result, NL;T fiutlrcr recommends a probationary f Lading period of six (6)
months, for those CDC`s that have been non -productive for the past two (2) years.
Based on each CDC's housing production Wformancc over the past two (2) years, NET
r�curnntends ratification of the attached resolution, authorizing the City Manager to execute
individual contractual agrwnents will, the following fow teen (14) neighborlrood based
CDmnulnlly development corporations:
om=ijX Development CorIvxations Contract Am =
1. Allapattah Business Davclopmcnt
Authority
2. BAME Dovoioprucnt Corporation
of South Flodda, Inc.
3. Coconut Grove Local Dcvclopnncnt
Corporation
4. Christian Conuuunity Service Agoaroy
5.: Greater Miami Neighborhoods, Inc.
G. 1labitat for Ilumanity of Grcatcr Miami
7. Codcc, Inc.
S. Littlo Haiti Mousing Association
9. Orban Loaguo of Greater Miami, Inc.
10. East Little Havana CDC
50,000
50,000
so,oaa
50,000
25,000
50,000
80,000
$0,000
100,000
96— 428
i
IIonorablc Mayor and
members of tho City Cop MWIOn
Page 3
rim A Y AND NO�j-COW11ANCP AGENCI>rS:
11 Edgewater Economic Dovclopmont
Corporation (6 months probation)
12. Florida Housing Cooperative, ]no.
(6 months probation)
13. Rafael Hernandez Housing and
Economic Dcvclopmcnt Corporation
(6 months probation)
14. St. John Community Uovclopment
Corporation (6 months probation)
50,000
50,000
200,000
50,000
P.03
of the $200,000 in CDBG Program funding for the I..,Afael Hernandez Housing and Economic
Development Corporation allocated by the City-wide Conununity Development Advisory Board,
only $50,000 will be utilized by the corporation for administrative support, while the balance of
$150,000 will be utilized for project development related activities in connection with the six (6)
now single family homes planned in tho Allapattah neighborhood.
Tho attached resolution further directs the City Manager to disbarse administrative funding in the
amounts stated in Section 3 of the attached resolution to the aforementioned neighborhood based
community development corporations, for the purpose of undertaking housing related activities
in the City.
City Commission ratification of the attached resolution is recommended.
56- 428 3