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HomeMy WebLinkAboutR-95-0620J-95-779 9/5/95 RESOLUTION NO. 9 5 — 6 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC. ("HOPE"), TO PROVIDE AN ADMINISTRATIVE GRANT, IN THE AMOUNT OF $50,000.00 (PROJECT NO. 799302), FOR THE IMPLEMENTATION OF FAIR HOUSING ENFORCEMENT, EDUCATIONAL OUTREACH ACTIVITIES AND INVESTIGATION OF HOUSING DISCRIMINATION COMPLAINTS WITHIN THE CITY'S HOUSING PROGRAMS FOR THE BENEFIT OF LOW AND MODERATE INCOME PERSONS; ALLOCATING FUNDS THEREFOR FROM UNEXPENDED 21ST YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. WHEREAS, the City Commission is desirous of complying with the federal regulations of the U.S. Department of Housing and Urban Development ("HUD") regarding fair housing; and WHEREAS, the Housing Opportunities Project for Excellence, Inc. ("HOPE"), a Florida non-profit organization, was established to assist in implementing fair housing enforcement and educational activities within the City's target areas and Dade County; and WHEREAS, City low -moderate income residents will be the direct beneficiaries of having an agency within the City that can provide fair housing information and investigates housing discrimination complaints Citywide; and WHEREAS, administrative funding in the amount of $50,000.00 is available from the Community Development Block Grant Program; CITY COMMISSION MEETING OF ATTACHPAErNT��� COTAI5EP 14 1995 Resoluti[o�n No. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized!' to execute an agreement, in substantially the attached form, with Housing Opportunities Project for Excellence, Inc. ("HOPE"), to provide an administrative grant, in the amount of $50,000.00 (Project No. 799302), for the implementation of fair housing enforcement, educational outreach activities and investigation discrimination complaints within the City's housing programs for the benefit of low and moderate income persons, with funds therefor hereby allocated from unexpended 21st Year Community Development Block Grant Funds. Section 3. 1 This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this ATTEST WALTER g. FWMkN, CITY CLERK 14th ..--day of September 1995. ST PHEN P. CLARK, MAYOR The herein authorization is further_ subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. - 2 - 95- 620 NET REVIEW ANLT' A ftOVAL : x r �'`✓ f i FRANK CAST EDA DIRECTOR'OF NET FINANCIAL AND BUDGETARY REVIEW: i MANOHAR S. SURAN ASSISTANT CITY A R PREPARED AND APPROVED BY: LINDA KELLY KEARSON ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: W311:BSS -3- 95_ 620 No. 1 CITY OF MIAMI, FLORIDA SPECIAL AGENCY AGREEMENT HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC. This Agreement entered into this day of , 1995, between the City of Miami, a municipal corporation of the State of Florida, (hereinafter referred to as "CITY"), and Housing Opportunities Project for Excellence, Inc. (HOPE), a Florida not for profit corporation, (hereinafter referred to as "CONTRACTOR"). FUNDING SOURCE: 21st Year Community Development Block Grant TERM OF THE AGREEMENT: (1) One Year AMOUNT: $50,000 TAX IDENTIFICATION: EXECUTIVE DIRECTOR: William Thompson, Jr. ADDRESS: 3000 Biscayne Boulevard, Suite 102, Miami, Florida 33137 TELEPHONE NO. (305) 571-8522 NOW, THEREFORE, in consideration of the mutual covenants and obligations herein set forth, the parties understand and agree as follows: ARTICLE I 1.0 BASIC REQUIREMENTS 1.1 Corporate Resolution authorizing execution of this Agreement. 1.2 Work Program (approved by the City). The Work Program submitted by the CONTRACTOR to the CITY became and attachment to this agreement and shall include the following: 9 S - 620 1 -J 1.3 DESCRIPTION OF THE WORK HOPE, Inc., proposes to implement program activities designed to educate the general public (particularly low/moderate income person within the City's target areas) housing industry groups and financial institutions, about fair housing rights and their obligations concerning the availability of housing opportunities. HOPE, Inc. proposed activities involve developing informative educational material and media campaigns targeted at persons throughout Miami in need of specific or additional information on availability and fair housing rights. This project will work closely with public agencies, City of Miami civic associations, community -based organizations, and low/moderate income based in the City of Miami target areas, of the availability of affordable housing opportunities; develop mechanisms for identification of a quick response to housing discrimination cases and publishing a quarterly newsletter which will be expanded to include the Education and Outreach component of its housing program. 1.4 SCOPE OF SERVICES - SCHEDULE OF ACTIVITIES HOPE, Inc.'s Educational and Outreach Project will develop informative educational materials and publish a quarterly newsletter designed to focus on housing opportunities for Slacks, Hispanics, Flaitiaps and other minorities, sensitizing the community at equal access and fair housing practices in Dade County. -2- 9"-- 6 2 0 _J 1.5 A mass media campaign will be undertaken to target consumers and vendors separately. 1.6 There will also be a hotline to give victims of alleged discrimination access to a local agency. 1.7 Six workshops (three within the City of Miami ) will be designed for civic associations, community -based organizations, .and victims of alleged discrimination, particularly in low and moderate income areas as will as the development and execution of two training seminars targeted at representatives of the housing industry and professionals from financial institutions. The workshops will explain the rights granted by fair housing laws. The three workshops within the City of Miami will be held in October, January and the last in April of An educational campaign was developed in September of .144:3 for the public schools, with the assistance of the Dade County School Board. 1.8 Budget Summary 1.9 Copy of Contractor's Article of Incorporation, Charter and ByLaws. 1.10 List of Present Principal Governing Board Officers and members of the Board (names, addresses and telephone numbers). 1.11 List of Key Staff Persons, with their titles, who will carry out this program. 1.12 Acceptance of Office of Management- and Budget (OMB) Circular A-87 Principals for Determining Costs Applicable to grants and Contracts with State Local and Federally recognized -3- 95- 626 4 Indian Tribal Gover.nments." (OMB) Circular A-110, Attachments "A" (Cash Depositaries), "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 110" (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 (b), "Applicability of Uniform Administrative Requirements," of the Development and Housing Conservation Block Grant i (CDBG) Program regulations, Final Rule, and provided as an attachment to this Agreement (Attachment I). Lead Base I Paint Regulations 24 CFR Part 35. ARTICLE -II 2.0 2.1 RECORDS TO BE MAINTAINED: CONTRACTOR shall establish and maintain sufficient records to enable the CITY to determine whether the CONTRACTOR has met th.e requirements of this part. At a minimum, the following records are needed: a) Record's providing a full description of each activity assisted ( or being assisted) with CDBG funds, the number of beneficiaries, state the categories of minority households assisted and their low/moderate income levels, including its location (if the activity has a geographical locus), the amount of CDBG funds budgeted, obligated and expended for the activity, and -4- 95- 620 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 I of the CDBG Program regulations. I i c) Monthly activity reports providing specific CDBG assisted activity pertaining to low/moderate income persons stating the percentages breakdown of minority households assisted within the City of Miami's target areas. (Refer to (a)) 2.2 Copy of last Audit Report as performed by an Independent Auditor in accordance with Circular A-133. a) Final Expenditure Report to be submitted no later than thirty (30) days after contract expiration. b) A certified Independent Audit to be submitted ninety (90) days after the expiration of the corporate fiscal year. CONTRACTOR receiving monies from the Department of Community Development must allocate in its budget sufficient funds to secure an annual independent audit I which must include the expression of an opinion on the CONTRACTOR financial statements, and a compliance letter i stating whether the CONTRACTOR is in comformity with federal grant regulations. CONTRACTOR shall have an i agency -wide audit made in. accordancne with OMB Circular i j A-133, made by an independent certified public auditor to determine whether: -5- 95- 620 (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 CONTRACTOR 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 CONTRACTOR at least three (3) years for audit purposes. ARTICLE III 3.0 PROCEDURES 3.1 TIME OF PERFORMANCE The term of this Agreement shall be from -:fir S 1 Y9G to 01►a IM 95-- 620 3.2 CITY AUTHORIZATION For the purpose of this Agreement, the City of Miami Department of Community Development (hereinafter the "DEPARTMENT") will act 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 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 or 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. 93"- 62© 3.4 OBLIGATION OF CONTRACTOR The CONTRACTOR shall carry out the services as prescribed in its Work Program in a lawful, and proper manner, satisfactory to the CITY, in accordance with 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 Department. 3.4.1 NON• -DISCRIMINATION: The CONTRACTOR agrees that it shall not discriminate as to race, sex, color, religion, age, marital status, national origin, or handicap in connection with its performance under this Agreement. Furthermore, that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, religion, age, marital status, national origin, 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 POLICIES AND PROCEDURES MANUAL CONTRACTOR is aware and accepts the Personnel Policies and Procedures Manual for Community Development Block Grant SUBRECIPIENTS the official document which outlines the fiscal, administrative and Federal guidelines and which shall regulate the day—to—day operations of the CONTRACTOR, which is attached and incorporate herein and made a part of this Agreement (Attachment II). —8— 3.6 BONDING AND INSURANCE CONTRACTOR shall maintain insurance and bonding coverages acceptable to the CITY's Risk Management Department. Prior to commencing any activity under this Agreement, the CONTRACTOR shall furnish to the CITY original certificates of insurance and bonding indicating that the CONTRACTOR is in compliance with the provisions of this article. CONTRACTOR shall provide the following coverages: (a) Insurance coverage that reflects sound business practices acceptable to the CITY's Risk Management i Department. `(b) Fidelity bonding for all persons handling funds received or disbursed under this Agreement in an i amount equal to or greater than the amount of the City grant. City shall be named as Loss Payee: (c) Current liability insurance shall be in amount of not less than $500,000 General Aggregate which shall include Fire liability. City shall be named as Primary Additional Insured and there shall be no i exclusions in such policies to override the CITY coverage. (d) CONTRACTOR 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 CONTRACTOR is to be reimbursed for mileage by the CITY. Q3: 9r_ 62 (e) The CONTRACTOR 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 CONTRACTOR of its liability and obligations under this 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 Community Development is to be notified in writing immediately, giving all pertinent details and indicating when service shall begin and/or continue. It is understood and agreed that the level of services, activities, and expenditures by the CONTRACTOR, 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. -10- 95- 620 3.8 OTHER PROGRAM REQUIREMENTS (a) CONTRACTOR shall carry out its Work Program in compliance with all Federal laws and regulations described in Subpart K of the CDBG Program i regulation (24 CFR 570.600-612), (Attachment I). (b) CONTRACTOR 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 (Attachment I). (c) The CONTRACTOR shall comply with Davis —Bacon Act wage requirements on all construction, rehabilitation and other labor intensive work funded j I by the CITY in excess of $2,000. The CONTRACTOR shall abide by the Federal Labor Standards i provisions of U.S. HUD Form 4010 incorporated herein as part of this agreement. I f 3.9 PROGRAM INCOME Program income means gross income received by the CONTRACTOR which has been directly generated vi'a the use i of CDBG funds. When such income is generated by an i activity that is only partially assisted with CDBG funds, i i the income shall be prorated to reflect the percentage of CDBG funds used. Program income generated by CDBG funded i activities shall be retained by CONTRACTOR and shall by i; used to only undertake those activities specifically approved by the CITY on the Work Program. All provisions —11— "� G 2 0 .j of this Agreement shall apply to such activities. Any program income on hand when the Agreement expires or received after such expiration shall be paid to the CITY, as required by 24 CFR 570.503(b)(8) of the CDBG Program regulation. CONTRACTOR shall submit a Program Income if applicable, Report on a monthly basis along with the required monthly Work Program Status Report. The Program Income Report will identify CDBG activities in which income was derived and how income has been utilized. 3.10 REPORTS, AUDITS AND EVALUATIONS The CONTRACTOR 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, CONTRACTOR shall transmit to CITY written statements of CONTRACTOR official policy on specified issues relating to CONTRACTOR activities. The CONTRACTOR shall submit monthly progress reports, schedules, and any other reports and documentation as the City deems necessary and which will reflect the status of objectives and program activities accomplished thus far, in addition to budget changes and costs expended during —12— - 201 the reporting period. CONTRACTOR shall ensure the cooperation of its employees and Board members in such efforts. The City staff may conduct monitoring visits monthly, quarterly, or at random at anytime. Any inconsistent, incomplete, or inadequate information either received by the CITY or obtained through monitoring and evaluation by the CITY,- shall constitute good cause for the CITY to terminate this Agreement at any time thereafter. ARTICLE IV 4.0 FUNDING 4.1 COMPENSATION Ch) CITY shall pay CONTRACTOR, $50,000 as maximum compensation for the services provided during the term of this agreement. The CITY shall compensate the CONTRACTOR for all expenditures made, in accordance with the schedule set forth in the budget which is attached hereto and made a part hereof. (b) CITY shall have the right to review and audit the time records and related records of CONTRACTOR pertaining to any payments by CITY. (c) All payments shall be reimbursements for expenditures incurred only during the term of this Agreement, and in compliance with the.previously approved Line —Item Budget. Such written request shall contain a statement declaring and affirming that all expenditures were made in accordance with the —13— Q15- 62 01 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 CONTRACTOR 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 specific invoice. Within 60 days of invoice payment, copies of the cancelled checks must be submitted. In the event that an invoice is paid by various funding sources, a copy of the invoice may be submitted but must indicate the exact amount paid by various funding sources equaling the total of the invoice. No miscellaneous categories shall be accepted as a line item in the budget. Two 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. (d) •Requests for payment should be made approximately on a monthly basis. Reimbursement requests should be submitted to the CITY within thirty (30) calendar days after the indebtedness has been incurred. Failure to comply may result in the rejection for repayment of those invoices within the reimbursement package which do not meet this requirement. -14- _J (e) CONTRACTOR 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 CONTRACTOR fails to comply, all rights to payment are forfeited and the CITY shall not honor any request submitted after the aforesaid agreed upon period. (f) Any payment due under this Agreement may be withheld pending the receipt and approval by the CITY of all reports due from the CONTRACTOR as a part of this contract and any modifications thereto. 4.2 FINANCIAL ACCOUNTABILITY CITY reserves the right to audit the records of CONTRACTOR at any time during the performance of this Agreement and for a period of three years after final payment is made under this Agreement. CONTRACTOR agrees to provide', all financial and other applicable records and documentation i 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 i to constitute allowable expenditures. Any payments made to CONTRACTOR are subject to reduction for overpayments 4 f on previously submitted invoices. 4.3 RECAPTURE OF FUNDS CITY shall reserve the right to recapture funds when the CONTRACTOR shall fail (i) to comply with the terms of this -15- orli- 620 Agreement or (ii) to accept conditions imposed by CITY at the direction of the federal, state and local agencies. 4.4 RELOCATION, ACQUISITION AND DISPLACEMENT The CONTRACTOR 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 real property utilizing grant funds, and to the displacement of persons, businesses, non—profit organizations occuring as a direct result of any acquisition,or real property utilizing grant funds. 4.5 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 change in regulations. 4.6 SEPARATION OF CHURCH/STATE In accordance with First Amendment Church/State principles, CDBG assistance may not be used for religious i activities or provided to primarily religious entities for i any activities, including similar activities, as directed i by 24 CFR 570.200(j). CONTRACTOR shall comply with this provision when entering into subcontracts. I ARTLCLE V 5.0 GENERAL REQUIREMENTS 5.1 INDEMNIFICATION CONTRACTOR, shall pay on behalf of, and save CITY harmless —16— ,c;— 24 from and against an'y and all claims, liabilities, losses, and causes of action which may arise out of CONTRACTOR activities under this Agreement, including all other acts or omissions to act on the part of CONTRACTOR, including any person acting for or on its behalf; from and against any orders, judgements, or decrees which may be entered against the CITY; and from and against all costs, attorney's fees, expenses, and liabilities incurred by the CITY in the defense of any such claims or in the investigation thereof. 5.2 AMENDMENTS No amendments to this Agreement shall be binding on either p-brty unless in writing and signed by both parties. 5.3 OWNERSHIP OF DOCUMENTS i All documents developed by CONTRACTOR under this Agreement shall be delivered to CITY by said CONTRACTOR -upon completion of the services required pursuant to this i Agreement and shall become the property of CITY, without restriction or limitation on its use. CONTRACTOR agrees that all documents maintained and generated pursuant to this contractual relationship between CITY and CONTRACTOR I shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes (Attachment I). I It is further understood by and between the parties that any document which is given by CITY to CONTRACTOR pursuant to this Agreement shall at all time remain the property of —17— 915- 620 CITY and shall not be used by CONTRACTOR for any other purposes whatsoever without the written consent of CITY. 5.4 AWARD OF AGREEMENT CONTRACTOR 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 I 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 i �i Agreement. 5.5 NON—DELEGABILITY I The obligations undertaken by the CONTRACTOR pursuant to f j this Agreement shall not be delegated or assigned to any other person or firm unless CITY shall first consent in writing to the performance or assignment of such services or any part thereof by another person or firm. i 5.6 COSTRUCTION OF AGREEMENT i This Agreement shall be construed and enforced according to the laws of the State of Florida. i � 5.6.1 CONFLICT OF INTEREST The CONTRACTOR covenants that no person under its employ who presently exercise any functions or responsibilities I j in connection with CDBG funded activities, has any I i personal financial interest., direct or indirect, in this Agreement. The CONTRACTOR further covenants that, in the performance of this Agreement, no person having such —18— - 620 L conflicting interest. shall be employed. Any such interests on the part of CONTRACTOR or its employees, must be disclosed in writing to the CITY. CONTRACTOR 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 is shall fully comply in all respects with the terms of said laws. 5.7 OBLIGATION TO RENEW Upon expiration of the term of this Agreement, CONTRACTOR agrees and understands that CITY has no obligation to renew this Agreement. 5.8 tERMINATION OF CONTRACT 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 CONTRACTOR, 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 CONTRACTOR an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between CITY and CONTRACTOR that any payment made in accordance with this Section to CONTRACTOR shall be made only if said CONTRACTOR is not in default under the terms of this Agreement. If CONTRACTOR -19- q5- 620 is in default, then CITY shall in no way be obligated and shall not pay to CONTRACTOR 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 CONTRACTOR fails to comply with any term of this Agreement, or if the CITY deems it convenient to terminate it. 5.8.1. REMEDIES FOR NONCOMPLIANCE If a CONTRACTOR 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). 01) Temporarily withhold cash payments pending correction of the deficiency by the CONTRACTOR 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 CONTRACTOR or RECIPIENT program. (4) Withhold further awards for the program, or (5) Take other remedies that may be legally available. REVERSION OF ASSETS Upon expiration of this Agreement, the CONTRACTOR shall transfer to the CITY any CDBG funds on hand at the time of -20- 95- 620 expiration and any accounts receivable attributable to the use of CDBG funds. Any real estate property that was acquired or improved by CONTRACTOR 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 CFR 570.208 of the CDBG i i Program regulations, until five (5) years after expiration of this Agreement, or such longer period of time as.determined appropriate by the City; or i (b) Disposed of in a manner resulting in the CITY being i reimbursed in the amount of the current fair market value of the property less any portion thereof i attributable to expenditures of non-CDBG funds for i acquisition of, or improvements to, the property. 5.9.1. SALE OF PROPERTY, DISPOSITION, RETENTION AND TRANSFER."OF 1 TITLE i - (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 CONTRACTOR or RECIPIENT respectively as stated in 24 CFR part 85. I (b) Use - Except as otherwise provided by Federal f statutes, real property will be used for the originally authorized purposes as long as needed for -21- 9"- 620 that purposes, and the CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR 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. (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 -22- gri- 626 still active, the net proceeds from sale may be offset against the original cost of the property. When the CONTRACTOR 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 CONTRACTOR shall be paid an amount calculated by applying the CONTRACTOR'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 indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI CONTRACTOR HOPE, Inc. 3500 Pan American Drive 1 Miami, Fla. 33133 —23— O r - 620 (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 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 provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. 5.11 INDEPENDENT CONTRACTOR CONTRACTOR and its employees and agents shall be deemed to be independent CONTRACTOR and not agents or employees —24— 20 ` 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. 5.12 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. ARTICLE VI 6.0 CONTRACTOR CERTIFICATIONS 'CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR to act in connection with the Agreement and to provide such additional information as may be required. —25— -5 - 6U IN WITNESS WHEREOF, the ,parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized on the first date above written. CITY OF MIAMI, a municipal Corporation of the State of Florida ATTEST: WALTER FOEMAN CITY CLERK CESAR H. ODIO CITY MANAGER ATTEST: Housing Opportunities Project for Excellence Biscayne Blvd, Suite 102 Miami, Florida 33137 CORPORATE SECRETARY WITNESS: SEAL PRESIDENT APPROVED AS TO INSURANCE APPROVED AS TO FORM AND REQUIREMENTS: CORRECTNESS: FRANK K. ROLLASON DEPUTY FIRE CHIEF RISK MANAGEMENT DIVISION � - 620 CITY OF MIAMI, FLORIDA 1 INTER -OFFICE MEMORANDUM TO : Honorable Mayor and Members of the City Commission FROM : Ce Io Cit ger RECOMMENDATION DATE : SEP ` 1 1995 FILE SUBJECT : Allocation of C.D.B.G. Funds for Housing Opportunities Project For Excellence REFERENCES ENCLOSURES: It is respectfully recommended that the City Commission adopt the attached Resolution, authorizing the City Manager to allocate $50,000.00 in unexpended Community Development Block Grant (CDBG) Program funds, and to enter into an agreement with the Housing Opportunities Project for Excellence, Inc. (HOPE) for the purpose of the implementation of Fair Housing within the City of Miami. BACKGROUND The City of Miami's N.E.T. recommends the ratification of the attached Resolution allocating $50,000.00 from unexpended Community Development Block Grant Program funds for the Housing Opportunities Project For Excellence, Inc. (HOPE). The Housing Opportunities Project for Excellence, Inc., a non-profit organization was established to assist in implementing fair housing enforcement, and educational activities within the City's target areas and Dade County. The City's low -moderate income residents will be the direct beneficiaries of having an agency within the City that can provide fair housing information and investigates housing discrimination complaints citywide. nq,z)i-1 915- 620