HomeMy WebLinkAboutR-95-0380r
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J-95-431
5/11/95
RESOLUTION NO. 9 5- 380
A RESOLUTION, WITH ATTACHMENT (S), APPROVING
THE FUNDING OF EIGHT (8) ORGANIZATIONS
("SERVICE PROVIDERS"), AS HEREIN SPECIFIED,
FOR THE PURPOSE OF PROVIDING ASSISTANCE TO
PERSONS WITH HIV/AIDS OR RELATED DISEASES;
j ALLOCATING FUNDS THEREFOR FROM THE 1994
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
1 ("HOPWA") PROGRAM GRANT; FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE INDIVIDUAL
i AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH SAID SERVICE PROVIDERS TO
IMPLEMENT THE PROGRAM.
WHEREAS, the HOPWA Program was created under the AIDS
Housing Act, and revised under the Housing and Community
Development Act of 1992; and
WHEREAS, Section 606(d)(2) of the Housing and Community
Development Act of 1992 stipulates that the city, being the most
populous unit of general local government in an eligible
metropolitan statistical area (EMSA), not including county
i
government, must be the applicant for the Grant and be allocated
the said funds; and
WHEREAS, on February 17, 1994, U.S. HUD notified the City of
Miami of funding availability in the amount of $5, 128, 000 under
the HOPWA Grant Program; and
WHEREAS, on April 15, 1994, U.S. HUD issued a revised
notification
to
the City of
Miami which increased the 1994 HOPWA
Grant amount
to
$5,155,000;
and
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CITY CON24ISSION
MEETING OF
MAY 1 1 1955
Resolution No.
95- 380
WHEREAS, in the Dade County EMSA, the City of Miami is the
most populous city, and thereby the designated applicant for the
1994 HOPWA Program funding for the EMSA; and
WHEREAS, the Department of Development and Housing
Conversation, in conjunction with the 1994 HOPWA Advisory Board
(HAP) - consisting of representatives of Dade County, the cities
of Hialeah and Miami Beach, Metro -Dade HIV Health Services
Planning Council, South Florida AIDS Network, Stanley C. Myers
Community Medical Center, Cure AIDS Now, the Miami Coalition For
the Homeless, Economic Opportunity Family Health Center, Better
Way, People With AIDS Coalition, persons living with AIDS, and
members of the public - worked together to prepare and submit the
HOPWA application for fiscal year 1994 funding; and
WHEREAS, the consensus opinion of the aforementioned
organizations during the preparation of the application was to
solicit applications for supportive services, long term rental
assistance, housing information and referral services, fair
housing counseling, resource identification, development,
planning coordination, and linkages; and
WHEREAS, in November, 1994, pursuant to Resolution No. 94-
834, the City Commission authorized the City Manager to accept
the $5,155,000 HOPWA Program Grant and to execute all of the
necessary agreements with U.S. HUD for implementation of the 1994
HOPWA Program; and
WHEREAS, after. advertising for applications from local
service providers for 1994 HOPWA Program funding in January and
March, 1995, the City readvertised on March 31, 1995 for
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05- 380
applications from service providers in connection with the
provision of housing and housing related services for individuals
with HIV/AIDS or related diseases; and
WHEREAS, on April 17, 1995, funding proposal were received
by the City and subsequently reviewed by a Selection Committee
consisting of appointees from Dade County, the cities of Hialeah,
Miami and Miami Beach, in addition to representatives from the
Primary Health Care Consortium, and the HIV Health Services
Planning Council; and
i
WHEREAS, based on the review of the HOPWA Program
1
applications by the Selection Committee, the following service
providers are being recommended by the City Administration for
1994 HOPWA Program funding;
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 Commission hereby approves the
following service providers for funding, in the amounts listed
below, for the provision of housing related services to persons
with HIV/AIDS and/or related diseases:
Economic Opportunity Family Health Center $1,577,172
Dade County Department of Special Housing Programs..... 457,828
Christian Community Services Agency ...................1,100,350
Christian Community Services Agency .................... 223,250
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Center for Haitian Studies ............................. 26,750
Dade County, Department of Human Resources ............. 175,000
HIV/AIDS Planning & Management Organization............ 150,000
HIV/AIDS Planning & Management Organization............ 130,000
Lock Towns Community Mental Health Center .............. 120,000
Small Business Opportunity Center/CAMACOL............. 40,000*
* Final approval in this category is subject to U.S. HUD's
Office of General Counsel opining that these services are
eligible HOPWA activities.
Section 3. The City Manager is authorized to execute
individual agreements, in substantially the attached form, with
the hereinabove service providers to implement said Program, with
funds therefor hereby allocated from the 1994 HOPWA Program
Grant.
Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 11th day of May, 1995.
STEPAN P. CLAR MAYOR
ATTEST:
DUVE 1 Y Yi l KP.l
CITY CLERK
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95- 380
DEPARTMENT OF T EVIEW:-
FRANVCAST)MEDA, DXR.ECTOR
DEPARTMENT OF NET
BUDGETARY AND FINANCIAL REVIEW:
EEFAWNMV��
ASSIST
PREPARED AND APPRO ED BY:
LI A K. KEARSO
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A. Q )A
ES, III
CITY ATT�OEY
W091:csk:LKK
95- 380
HOUSING OPPORTUNITIES FOR PERSONS
WITH -AIDS (HOPWA) PROGRAM
HIV/AIDS PLANNING AND MANAGEMENT ORGANIZATION
HOUSING INFORMATION AND REFERRAL SERVICES -
RESOURCE IDENTIFICATION, AND DEVELOPMENT/PLANNING AND
COORDINATION
SCOPE OF SERVICES
Goal: 1. To assist HIV/AIDS clients in locating affordable,
decent, and appropriate housing.
Objective:
1. To establish and maintain a list of available, decent,
affordable, and appropriate housing throughout Dade County
for persons living with HIV/AIDS.
2. To establish the above in such a fashion as to enable other
service providers, as well as the public, access to this
information.
3. To identify and develop working relationships with public
and private rental property owners, as well as, real estate
professionals.
Goal: 2. To develop the capacity to identify and meet local
housing related needs of the HIV/AIDS population in
Dade County.
1. To do a comprehensive AIDS housing needs assessment.
2. To staff monthly meetings for the purposes of providing a
networking forum for the HIV/AIDS housing and services
providers with respect to HOPWA, and eliciting participation
and input from the community on HOPWA related matters.
3. To propose, develop and advocate for AIDS housing assistance
policies, programs, and funding.
4. To identify and disseminate information about public and
private resources for housing for persons with AIDS; to
assist public agencies in applying for said resources.
5. To create a model plan for not -for -profit agencies to
develop and operate permanent housing for persons with AIDS.
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HOUSING OPPORTUNITIES FOR PERSONS
WITH AIDS (HOPWA) PROGRAM
SMALL BUSINESS OPPORTUNITY CENTER
FAIR HOUSING COUNSELING
SCOPE OF SERVICES
i
Goal: 1. To provide legal representation to households having at
least one member with HIV/AIDS in eviction and/or
housing discrimination proceedings.
Goal: 2. To educate persons with AIDS regarding their housing
rights under the various federal, state and local laws.
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HOUSING OPPORTUNITIES FOR PERSONS
WITH AIDS (HOPWA) PROGRAM
ECONOMIC OPPORTUNITY FAMILY HEALTH CENTER AND_
METROPOLITAN DADE COUNTY DEPARTMENT OF SPECIAL HOUSING PROGRAMS
TENANT BASED LONG-TERM RENTAL ASSISTANCE
SCOPE OF SERVICES
Goal: To provide 12 months of rental assistance- to
approximately 137 to 212 households which have at least
one member with AIDS. Further, mandating that all
assisted persons living with AIDS have a case manager,
either provided by -Tthe project sponsor or another
agency;- in order to assure that all clients assisted by
HOPWA are advised of and referred to agencies providing
services to which the clients may be entitled or may be
available to them.
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HOUSING OPPORTUNITIES FOR PERSONS
WITH AIDS (HOPWA) PROGRAM
i
CHRISTIAN COMMUNITY SERVICE AGENCY ti
i PROVIDER BASED LONG --TERM RENTAL ASSISTANCE
�y
SCOPE OF SERVICES
Goal: To provide 12 months of rental assistance to
approximately 135 households which have at least one
member with AIDS. Further, mandating that all assisted
persons living with AIDS have a case manager, either
provided by Christian Community Service Agency or
another agency, in order to assure that all clients
assisted by HOPWA are advised of and referred to
agencies providing services to which the clients may be
entitled or may be available to them.
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95- 380
HOUSING OPPORTUNITIES FOR PERSONS
WITH AIDS (HOPWA) PROGRAM
CENTER FOR HAITIAN STUDIES AND
CHRISTIAN COMMUNITY SERVICE AGENCY
EMERGENCY HOUSING ASSISTANCE
SCOPE OF SERVICES
Goal: 1. To assist approximately 400 households having at least
one member with HIV/AIDS with financial assistance for
emergency housing. This service shall be accessible 7
days a week, 24 hours a day, all year long.
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HOUSING OPPORTUNITIES FOR PERSONS
WITH AIDS (HOPWA) PROGRAM
LOCK TOWNS COMMUNITY MENTAL HEALTH CENTER
SPECIAL NEEDS, AND MOVING & RELOCATION
SCOPE OF SERVICES
Goal: 1. To assist approximately 250 households having at least
one member with HIV/AIDS with financial assistance for
any nonrecurring need, limited to $250.
Goal: 2. To assist approximately 150 households having at least
one member with HIV/AIDS with financial assistance for
moving expenses.
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HOUSING OPPORTUNITIES FOR PERSONS
WITH AIDS (HOPWA) PROGRAM
DADE COUNTY DEPARTMENT OF HUMAN RESOURCES
OFFICE OF COMMUNITY SERVICES
UTILITY ASSISTANCE
SCOPE OF SERVICES
Goal: To provide financial assistance for approximately 150
households, having at least one member with AIDS, with
their costs for utilities. This includes initial
installation fees, reconnection fees, arreages to prevent
disconnection and ongoing utilities including
electricity, water, gas, sewer, and basic local telephone
service.
k,
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MEMORANDUM OF AGREEMENT
Between
City of Miami
and
THIS MEMORANDUM OF AGREEMENT ("Agreement") is entered into
i
this day of , 19950, by and between the City of
Miami, a municipal corporation of the State of Florida (the
i
"City"), and , whose
address is Miami, Florida
i
and whose telephone number is (305)
(hereinafter "Sponsor"), both of which understand and agree as
follows:
WITNESSETH:
WHEREAS, the Housing Opportunities for Persons With AIDS
(HOPWA) Program was created under the AIDS Housing Opportunity
Act, and revised under the Housing and Community Development Act
of 1992; and
WHEREAS, the final rule (24 CFR Part 574.100 Subpart B)
stipulates that the most populous unit of general local
government in an Eligible Metropolitan Statistical Area (EMSA),
not including county government, be the applicant for this
formula allocation grant; and
WHEREAS, in Dade County, the City is the most populous city,
and thereby the designated applicant for the 1994 HOPWA Program
funds for the EMSA; and 9 5
380
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WHEREAS, in February, 1994, U.S. HUD notified the City of
Miami of funding available in the amount of $5,128,000 under the
HOPWA Grant Program; and
WHEREAS, U.S. HUD issued a revised notification to the City
i
of Miami on April 14, 1994, increasing said funding to
$5,155,000; and
j WHEREAS, the City's Department of Development and Housing
Conservation, on behalf of the cities of Hialeah, Miami, Miami
Beach, and Dade County applied for and recived notice of an award
of $5,155,000 in HOPWA Program funds for fiscal year 1994; and
WHEREAS, 9
REAS through Resolution No. 94-834, the City Commission
authorized the City Manager to accept the HOPWA Grant from U.S.
HUD and to execute the necessary agreeents with housing related
service providers and , subject to City
Commission approval and applicable City Code provisions; and
WHEREAS, on December 1, 1994, the City Commission adopted
Ordinance Number 11206, which established and appropiated the
$5,155,00 in 1993 HOPWA Program funds; and
WHEREAS, both parties are agreeable to the terms and
conditions set forth herein;
NOW, THEREFORE, in consideration of the promises and the
mutual covenants and obligations herein contained, and subject to
the terms and conditions hereinafter stated, the City and the
Sponsor do mutually agree as follows:
Section 1: Definitions
For the purposes of this Agreement the following names shall
be abbreviated and terms shall be defined as follows:
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CFR - Code of Federal Regulations
DDHC - the City's Department of Dt:velopment and Housing
Conservation.
L.
EMSA - Eligible Metropolitan �-atistical Area, encompassing
the cities of Hialeah, Miami, Miami Beach, and Dade
County (i.e., all of Geographic Dade County).
HOPWA - the Housing Opportunities for Persons With AIDS
Program.
HOPWA Regulations - regulations promulgated by U.S. HUD for
the HOPWA Program 24 CFR Part 574; Final Rule, and
any subsequent changes thereto.
Low Income - Individuals and families whose gross income
does not exceed 80% of the area median income for
the PMSA, as determined by U.S. HUD, as of a
specific effective date.
PMSA - Primary Metropolitan Statistical Area (all of Dade
County).
Section 2: Time of Performance
The term of this Agreement shall begin on the above date;
and, will end approximately 365 days thereafter, or the date
on which the last payment is made under this Agreement
Section 3: Scope of Services
3.1 Sponsor agrees to perform services as delineated in
i
its proposal to the City for HOPWA funding. Said proposal
is attached hereto and is hereby made a part of this
Agreement as Addendum 1. Sponsor agrees to fulfill its
95- 380
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obligations within 365 days of the above date.
3.2 City agrees to disburse HOPWA funds to the Sponsor on
a monthly basis and in accordance with the budget, included
in Addendum 1 of this Agreement; provided the Sponsor has
complied with all terms and conditions of this Agreement
applicable to the specific services and time period for
which the disbursement is requested. The total disbursed
pursuant ta:athis Agreement shall not exceed
of which
may be used for the
Sponsor's administrative expenses related to its performance
of services under this Agreement.
3.3 Any adjustments or modifications to this Agreement
must be agreed to in writing by the Sponsor and the City
Manager, or his designee.
3.4 Sponsor shall complete and submit quarterly reports as
specified in Addendum 2. Reports shall be submitted with
Sponsor's monthly reimbursement of expenses request.
Cumulative reports for the time period of this Memorandum of
i
Agreement shall be submitted with the final reimbursement
request.
3.5 Sponsor agrees to attend the monthly meetings at The
Miami Coalition For The Homeless at 2800 Biscayne Blvd.,
Suite 600, Miami, Florida 33137, or its successor
organization, for the purpose of development, planning and
coordination of housing related services for persons with
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HIV/AIDS. Sponsor hereby designates to be
its liaison with The Miami Coalition For The Homeless for
the time period of this contract.
3.6 Recapture of Funds
City shall reserve the right to recapture funds when the
Sponsor 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.
Section 4: General Conditions
4.1 All notices or other communications which shall or may
be given pursuant to this Agreement shall be in writing and
shall be deli• --red 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 (5th) day
after being posted or the date of actual receipt, whichever
is earlier.
Notices as to the City shall be sent to the following:
Herbert J. Bailey
Assistant City Manager
City of Miami
Department of Development
and Housing Conservation
300 Biscayne Blvd. Way, Suite 401
Miami, Florida 33131
Notices as to the Sponsor shall be sent to the following:
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Sponsor's Name:
Sponsor's Address:
Attention:
4.2 Title and paragraph headings are for convenient
reference and are not a part of this Agreement.
4.3 In the event of any conflict between the terms of this
Agreement and any terms or conditions contained in any
attached documents, the terms in this Agreement shall rule.
4.4 No waiver of a 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.
4.5 Should any provision, 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 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.
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4.6 City Manager hereby authorizes the Director of the
DDHC to act as his designee in connection with this
Agreement.
4.7 Sponsor hereby designates
part in connection with this Agreement.
to act on its
Section 5: Ownership of Documents
5.1 All documents developed by the Sponsor under this
Agreement shall be delivered to the City by the Sponsor upon
completion of the activities and/or as required pursuant to
Addendum 1 hereof, and shall become the property of the
Ci'v, without restriction or limitation on its use. Sponsor
a yes that all documents maintained and generated pursuant
to this contractual relationship between the City and the
Sponsor shall be subject to all provisions of the Public
Records Law, Chapter 119, Florida Statutes.
5.2 It is further understood by and between the parties
that any information, writings, maps, contract documents,
reports or any other matter whatsoever which is given by the
City to the Sponsor pursuant to this Agreement shall at all
times remain the property of the City and shall not be used
by the Sponsor for any other purposes whatsoever without the
written consent of the City.
Section 6: Non-Delegability
The obligations undertaken by the Sponsor pursuant to this
Agreement shall not be delegated or assigned to any other
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person or firm unless the City shall first consent in
writing to the performance or assignment of such service or
any part thereof by another person or firm.
Section 7: Audit Rights and Inspections
At any time during normal business hours and as'often as the
City, U.S. HUD and/or the Comptroller General of the United
States may deem necessary, there shall be made available to
the City, U.S. HUD and/or representatives of the U.S. HUD or
Comptroller General for examination all the Sponsor's
records with respect to all matters covered by this
Agreement and the Sponsor shall permit the City, U.S. HUD
and/or representatives of the Comptroller General to audit,
examine and make audits of all contracts, invoices,
material, payroll, records of personnel conditions of
employment and other data relating to all matters covered by
this Agreement. City reserves the right to audit the
records of the Sponsor at any time during the performance of
this Agreement and for a period of three years after final
payment is made under this Agreement. The cost of said
audit shall be borne by the City. Said documents and
records shall be maintained by the Sponsor no less than
three (3) years after the termination of this Agreement. In
addition, the Sponsor shall comply with audit requirements
of 24 CFR Part 574.650, and 24 CFR Part 45.
Section 8: Award of Agreement
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Sponsor 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.
i
Section 9: Construction of Agreement
I
i This Agreement shall be construed and enforced according to
the laws of the State of Florida.
Section 10: Compliance With Federal, State and Local Laws
Both parties shall comply with all applicable laws,
ordinances and codes of federal, state and local
governments.
Section 11: Successors and Assigns
This Agreement shall be binding upon the parties herein,
their successors and assigns.
Section 12: Indemnification
Sponsor and the City shall indemnify and save each other
i
harmless from 'and against any and all claims, liabilities,
losses, and causes of action which may arise out of the
Sponsor or the City activities under this Agreement,
including all other acts or omissions to act on the part of
the Sponsor, or on the part c`. the City, including any
person acting for or in their behalf, and, from and against
orders, judgements, or decrees which may be entered from and
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against all costs, attorneys' fees, expenses, and
liabilities incurred in the defense of any such claims, or
in the investigation thereof.
Section 13: Conflict of Interest
13.1 Sponsor convenants that no person under its employ who
presently exercises any functions or responsibilities in
connection with HOPWA funded activities, has any personal
financial interest, direct or indirect, in this Agreement.
The Sponsor further covenants that, in the performance of
this Agreement, no person having such conflicting interest
shall be employed. Any such interest on the part of the
Sponsor or its employees, must be disclosed in writing to
the City.
13.2 Sponsor is aware of the conflict of interest laws of
the City (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.
Section 14: Independent Contractor
Sponsor, its employees and agents shall be deemed to be
independent contractors, and not agents or employees of the
City, and shall not attain any rights or benefits under the
Civil Service or Pension Ordinances of the City, or any
rights generally afforded classified or unclassified
employees; further they shall not be deemed entitled to the
Florida Workers' Compensation benefits as an employee of the
City.
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Section 15: Confidentiality
The City and Sponsor agree to ensure the confidentiality of
the name of any individual assisted under this Agreement and
any other information regarding individuals receiving
assistance.
Section 16: Non -Discrimination
16.1 Sponsor agrees that i.. shall not discriminate as to
race, sex, color, creed, national origin, or handicap in
connection with its performance under this Agreement.
16.2 Furthermore that no otherwise qualified individual
shall, sole-Ly by reason of his/her race, sex, color, creed,
national origin, or handicap, be excluded fro-- the
participation in, be denied benefits of, or be subjected to
discrimination under any program or activity receiving
federal financial assistance.
Section 17: Contingency Clause
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 changes
in regulations.
Section 18: Default Provision
In the event that the Sponsor shall fail to comply with each
and every term and condition of this Agreement or fails to
perform any of the terms and conditions contained herein,
then the City, at its sole option, upon written notice to
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the Sponsor may cancel and terminate this Agreement, and all
payments, advances, or other compensation paid to the
Sponsor by the City while the Sponsor was in default of the
provisions herein contained, shall be forthwith returned to
the City.
Section 19: Entire Agreement
This instrument constitutes the sole and 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.
Section 20: Assurances, Certifications and Regulations
20.1 No person in the United States shall, on the grounds
of race, color, creed, national origin, sex, marital status
or physical handicap, be excluded from participation in, be
denied the benefits of, or be otherwise subjected to
discrimination under this Agreement and the Sponsor shall
immediately take any measure necessary to correct any such
discrimination and to insure that such discrimination cannot
occur in the future.
20.2 The parties shall comply with the AIDS Housing
Opportunity Act of 1990, as amended, and 24 CFR Part 574;
Interim Rule, and any subsequent changes thereto.
20.3 The parties shall comply with the provisions of the
Hatch Act, as amended, January 1, 1985, which limit the
political activity of employees.
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20.4 The parties shall establish safeguards to prohibit
employees from using their positions for a purpose that is
or gives the appearance of being motivated by desire for
private gain for themselves or others, particularly those
with whom they have families, business or other'ties.
20.5 The parties shall comply with the following fe.:seral
regulations as they may apply to this project. The
regulations are incorporated herein and made a part of
hereof by reference:
a. Guidelines for applicants on Equal Employment
Opportunity; and
b. Office of Management and Budaet (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 $loll (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 CPR Part 574.650.
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c. 24 CFR Part 574, Housing Opportunities for Persons
With AIDS; Final Rule.
Section 21: Amendments
No amendments to this Agreement shall be binding on either
party unless in writing and signed by both parties.
Section 22: Indemnification and Hold Harmless
In connection with this agreement:
The County shall indemnity and save harmless the City from any
and all claims, liability, losses and causes of action, to the
extent of the limitations included within Florida Statutes,
Section 768.28. However, nothing herein shall be deemed to
indemnify the City for any liability or claims arising out of the
negligence, performance, or lack of performance of the City.
IT WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by the respective officials thereunto
duly authorized, this the day and year first above written.
SIGNATURE FOR THE CITY OF MIAMI:
By
Cesar H. Odio, City Manager
APPROVED AS TO FORM AND
CORRECTNESS:
A. Quinn Jones, III
City Attorney
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ATTEST:
Matty Hirai, City Clerk
APPROVED AS TO INSURANCE
REQUIREMENTS:
Frank K. Rollason,Deputy Chief
Department of'Risk Management
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REVIEWED BY COMMUNITY DEVELOPMENT:
Frank Castaneda, Director
SIGNATURE FOR SPONSOR:
0
Executive Director
ATTEST:
Corporate Secretary
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REMIR.-T,
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CITY OF MIAMI, FLORIDA ��
INTER -OFFICE MEMORANDUM
TO : The Honorable Mayor and DATE : MAY - 4 1995 FILE
Members of the City Commission
SUBJECT : Resolution Awarding
1994 HOPWA Program
Funding
FROM : Ces io REFERENCES:
Cit er City Commission Agenda
ENCLOSURES: Item - May 11, 1995
RECOMMENDATION
It is respectfully recommended that the City Commission adopt the
attached resolution directing the City Manager to disburse
funding in the amounts stated in Section 2 of said resolution to
Center for Haitian Studies, Christian Community Service Agency,
Dade County's Department of Human Resources (Office of Community
Services), Dade County's Department of Special Housing Programs,
Economic Opportunity Family Health Center, HIV/AIDS Planning &
Management Organization, Lock Towns Community Mental Health
Center, and Small Business Opportunity Center, in connection with
the provision of housing and housing related services for
individuals with HIV/AIDS or related diseases. The attached
resolution further authorizes the City Manager to execute
individual contractual agreements, in substantially the form
attached, with the aforementioned eight (8) organizations
("service providers") for the provision of said services. Funding
for these service contracts is being provided by the U.S.
Department of Housing and Urban Development in connection with
the Housing for Persons with AIDS (HOPWA) Program (FY' 1994).
BACKGROUND
In July of 1994, the City of Miami, on behalf of Metropolitan
Dade County and the cities of Hialeah and Miami Beach, applied
for $5,155,000 in Housing Opportunities for Persons with AIDS
(HOPWA) Program funding from the U.S. Department of Housing and
Urban Development. In November of 1994, the City was notified by
U.S. HUD that its application for $5,155,000 in HOPWA Program
funding had been approved.
At the November 17, 1994 City Commission meeting, the City
Commission, through Resolution No. 94-834, authorized the City
Manager to accept the $5,155,00 HOPWA Program grant and to
execute all the necessary agreements with U.S. HUD for
implementation of the 1994 HOPWA Program.
The Honorable Mayor and
Member of the City Commission
Page 2
In January and March, 1995, the Department of Development and
Housing Conservation solicited applications from local area AIDS
service providers for the purpose of providing housing related
assistance to individuals with HIV/AIDS in connection with the
HOPWA Program. Subsequently, all of the HOPWA Program funding
applications received by the Department were rejected due to a
conflict of interest in the programmatic content and application
evaluation criteria by which HOPWA Program funding would be
awarded. This instance occurred largely due to the fact that
several of the organizations that applied for HOPWA Program
funding also had representatives on the HOPWA Advisory Board that
developed the contents of the funding application and the
evaluation criteria by which funding would be awarded. As a
result, the City readvertised on March 31, 1995 for new proposals
from local area HIV/AIDS service providers. On April 20, 1995,
the proposals submitted in response to the City's advertisement
were reviewed by a newly appointed Selection Committee which
consisted of representatives not directly affiliated with the
City's HOPWA Advisory Board.
Based on proposals which were received and the recommendations of
the Selection Committee, the Department of Development and
mousing Conservation recommends the following local area AIDS
service providers for funding in the amounts listed below, for
the purpose of providing housing related assistance to
individuals with HIV/AIDS or related diseases in connection with
the 1994 HOPWA Program:
Funding
Proposed Activities Service Provider's Name Amount
Tenant Based
Long-term Rental Economic Opportunity
Assistance Family Health Center $1,577,172
Dade County Department
of Special Housing
Programs $ 457,828
Provider Based Long- Christian Community
term Rental Assistance Service Agency $1,100,350
95-- 380
The Honorable Mayor and
Member of the City Commission
Page 3
Proposed Activities
Emergency Housing
Assistance
Utility Assistance
Housing Information &
Referral Services
Resource Identification,
Development/Planning &
Coordination
Special Needs and Moving
Assistance
Fair Housing Counseling
Service Provider's Name
Center for Haitian
Studies $
Christian Community
Service Agency $
Dade County Department
of Human Resources (Office
of Community Services) $
HIV/AIDS Planning &
Management Organization $
HIV/AIDS Planning &
Management Organization $
Funding
Amount
26,750
223,250
175,000
130,000
150,000
Lock Towns Community
Mental Health Center $ 120,000
Small Business
Opportunity Center $ 40,000
City Commission ratification of the attached resolution is
recommended.
95- 380