HomeMy WebLinkAboutR-94-0410J-94-409
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WHEREAS, the City Commission is committed to economic development and
the expansion of trade and commerce; and
WHEREAS, the promotion of economic revitalization in the neighborhoods
of the City of Miami. is an important part of the City's economic development
strategy; and
VHEREAS, the City Commission is desirous of continuing the neighborhood
economic development program and funds are available from the Twentieth (20th)
Year Commnii.ty Development Block Grant for such a purpose; and
WHEREAS, pursuant to Ord inanoe No. 11136, adopted April 14, 1994 , the
City Commission adopted the report entitled. "Community Development 1994-1995",
which report set forth projects arid programs to be funded by appropriations
from the Twentieth (20th) Year Community Development Block Grant Program
(CDBG); and
WHEREAS, pursuant to Motion No. 94-246, adopted April. 14, 1994, the City
Commission further aooepted the Admini.strations's recommendations in
connection with the proposed allocation of funds to be specifically allocated
to designated Community Based Organizations; and
1 , 7
'FI .Y� liiYi ri�i. Y N fj d0.. D
CITY CoM'NII sxox
MEETING OF
JUN 9 9 1494
Resolution No.
�4- 410
WHEREAS, each agency's work program shall be subject to approval by the
U.S. Department of Housing;
_p�
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 emoute
individual contractual agreements, in substantially the attached form, with
ten (10) Neighborhood Economi.o Development Organizations, for the purpose of
implementing a Neighborhood Economic Development Program, subject to approval
of each agency's work program by the U.S. Department of Housing (HOD) , with
funds therefor hereby allocated from the Twentieth (20th) Year Community
Development Block Grant as follows:
QQ
AMOUNT
1.
Allapattah Business Development
$ 78,500
Authority, Inc.
2.
Coconut Grove Local Development
$ 53,000
Corporation, Inc.
3.
Downtown Miami Partnership, Inc.
$ 53,500
4.
Edgewater Economic Development
$ 56,250
Corporation, Inc.
5.
Greater Biscayne Boulevard Chamber
$ 80,000
of Commerce, Inc.
6.
Human Services, Pierre Toussaint
$ 50,000
7.
Little Havana Development Authority, Inc.
$103,500
8.
Martin Luther King Economic Development
$ 59,000
Corporation, Inc.
9.
Small Business Opportunity Center, Inc.
$ 80,000
10.
St. John Community Development
$ 50,000
Corporation, Inc.
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.
94- 410
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Seotion 3 . This Resolution sbaa l bane
eifeoti ve
imned Lately
upon its adoption.
PASSED AND ADOPTED this 9th day of
June
1994.
STEPHEN P. CLARk,
MAYOR
i
r
NATTY HrRAI
CITY CLERK
COMMUNITY AND APPROVAL:
FRANK Cry . ANEDA, .1RECTOR
DEPARTMENT OF COMMiUNITY DEVELOPMENT
REVIEW AS TO ACCOUNTING AND
TREASURY RFYIJTRENEHTS
r
dARLOE. GARCIA, DIRWTOR
DIRB01OR
BUDCTTARY REVIEW AND APPROVAL:
MANCHAR SURANA
ASSISTANT CITY MANAGER
PREPARED AND APPROVED BY:
=A -S
ASSISTANT CITY
APPROVED AS TO FORM AND COP230 NESS:
A. III
CITY A
BSS:M4378
i
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DRAF1
CITY OF MIAMI, FLORIDA
ECONOMIC DEVELOPMENT COMMUNITY BASED ORGANIZATION (CBO)
THIS AGREEMENT entered into this day of ,
19_, between the City of Miami, a municipal corporation of the
State of Florida, (hereinafter referred to as the "CITY"), and
, a Florida
not for profit corporation, (hereinafter referred to as the
"SUBRECIPIENT").
FUNDING SOURCE:
TERM OF AGREEMENT:
AMOUNT: $
TAX IDENTIFICATION NO.:
EXECUTIVE DIRECTOR:
ADDRESS:
TELEPHONE NO.:
NOW, THEREFORE, in consideration of the mutual covenants and
obligations herein set forth, the parties understand and agree as
follows:
ARTICLE I
1.0 BASIC REQUIREMENTS
As a necessary part of this agreement, the following
documents must be approved by the City prior to its
execution, and must be on file with the Department of
Community Development.
1.1 Corporate Resolution authorizing execution of this
Agreement.
94- 410
1.2 The Work Program submitted by the SUBRECIPIENT to the CITY
became an attachment to this agreement and shall include the
following:
(A) The description section should detail the activities to
be carried out by the SUBRECIPIENT. It should
specifically describe the services to be provided as a
result of the expenditures of Community Development
Block Grant (CDBG) funds. Where appropriate it should
list measurable objectives and define the who, what,
where and when; and in general how these activities
will ensure that the intended beneficiaries will be
served once the project is fully completed.
(B) The schedule of activities and measurable objectives
plays an essential role in the grant management system.
The schedule should provide projected milestones and
deadlines for accomplishment of tasks, on the delivery
of services. These projected milestones and deadlines
are a basis for measuring actual progress during the
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.
1.3 Budget Summary, to include: completion of SUBRECIPIENT
Program/Line-Item Budget/Expenditure Justification, Total
Actual and Projected Funds Disclosure, and Staff Salaries
Schedule (on forms supplied by the CITY); budget for
program -generated revenues; copies of all subcontracts
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and/or management services Agreements funded in whole or in
part under this Agreement.
1.4 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 Workers' 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 SUBRECIPIENT Corporate Seal (to be affixed to Signatory
Page, and Corporate Resolution).
1.6 Copy of SUBRECIPIENT Articles of Incorporation, Charter and
Bylaws.
1.7 List of Present Principal Governing Board Officers and
Members of the Board (names, addresses and telephone
numbers).
1.8 List of Key Staff Persons, with their titles, who will carry
out this program.
1.9 Completion of Authorized Representative Statement.
1.10 Completion of Statement of Accounting System.
1.11 A letter from an independent Certified Public Accountant
which expresses the opinion or. the SUBRECIPIENT internal
control and compliance with laws and regulations which
adequately safeguard the agencies assets as per OMB Circular
A-133.
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1.12 Copy of last Audit Report as performed by an independent
Certified Public Accountant in accordance with OMB Circular -
A--133.
1.13 Corporate Personnel Policies and Procedures.
1.14 Job Description and Resumes for all positions funded in
whole or in part under this Agreement.
1.15 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 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(a)(b); "Applicability of Uniform Administrative
Requirements," of the (CDBG) Program regulations, Final
Rule, and provided as an attachment to this Agreement
(Attachment 1.15). Lead Base Paint Regulations 24 CFR
Part 35. Policies and Procedures Manuel for Community
Based Subrecipients.
1.16 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:
A. Records providing a full description of each activity
assisted (or being assisted) with CDBG funds, including
its location (if the activity has a geographical locus),
the amount of CDBG funds budgeted, obligated and
expended for the activity, and the provision in 24 CFR
Subpart C under the CDBG Program regulations which it is
eligible.
B. Records demonstrating that each activity undertaken
meets one of the criteria set forth in 24 CFR 570.208 of
the CDBG Program regulations. Where information on
income by family size is required, the SUBRECIPIENT may
substitute evidence establishing that the person
assisted qualified under another program having income
qualification criteria at least as restrictive as that
used in the definitions of "low and moderate income
person" and "low and moderate income household" as set
forth by 24 CFR 570.3; or the SUBRECIPIENT may
substitute a copy of a verifiable certification from the
assisted person that his or her family income does not
exceed the applicable income limit established in
accordance with 24 CFR 570.3; or the SUBRECIPIENT may
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substitute a notice that the assisted person is a
referral from a state, to refer individuals it
determines to be low and moderate income persons based
on the U.S. Department of Housing & Urban Development's
(USHUD's) criteria and agrees to maintain documentation
supporting these determinations. Such records shall
include the following information.
(1) For each activity determined to benefit low and
moderate income persons, the income limits applied
and the point in time when the benefit was
determined.
(2) For each activity determined to benefit low and
moderate income persons based on the area served by
the activity:
(i) The boundaries of the service area;
(ii) The income characteristics of families and
unrelated individuals in the service area; and
(iii) If the percent of low and moderate income
persons in the service area is less than 51
percent, data showing that the area qualifies
under the exception criteria set forth at
570.208(a)(1)(ii);
(3) For each activity determined to benefit low and
moderate income persons based on the creation of
jobs, the recipient shall provide the documentation
described in either (i) or (ii) below.
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(i) Where the recipient chooses to document that at
least 51 percent of the jolts will be available
to low and moderate income persons,
documentation for each assisted business shall
include:
(A) A copy of a written agreement containing:
(1) A commitment by the business that it
will make at least 51 percent of the
jobs available to low and moderate
income persons and will provide training
for any of those jobs requiring special
skills or education;
(2) A listing by job title of the permanent
jobs to be created indicating which jobs
will be available to low and moderate
income persons, which jobs require
special skills or education, and which
jobs are part-time, if any; and
(3) A description of actions to be taken by
the SUBRECIPIENT and business to ensure
that low and moderate income persons
receive first consideration for those
jobs; and
(B) A listing by job title of the permanent jobs
filled and which jobs of those were
available to low and moderate income
persons, and a description of how first
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: 4` 410
consideration was given to such persons for
those jobs. The description shall include
what hiring process was used, which low and
moderate income persons Were interviewed for
a particular job; and which low and moderate
income persons were hired.
(ii) Where
the SUBRECIPIENT chooses to document that
at
least 51 percent of the jobs will be held by
Low
and moderate income persons, documentation
for
each assisted business shall include:
(A)
A copy of a written agreement containing:
(1) A commitment by the business that at
least 51 percent of the jobs, on a full-
time equivalent basis, will be held by
low and moderate income persons; and
(2) A listing by job title of the permanent
jobs to be created, identifying which
are part-time, if any;
(B)
A listing by job title of the permanent jobs
filled and which jobs were initially held by
low and moderate income persons; and
(C)
For each such low and moderate income person
hired, the size and annual income of the
person-s family prior to the person being
hired for the job.
(4) For each
activity determined to benefit low and
moderate
income persons based on the retention of
jobs:
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(i) Evidence that in the absence of CDBG assistance
jobs would be lost;
(ii) For each business assisted, a listing by job
title of permanent jobs retained, indicating
which of those jobs are part-time and (where it
is known) which are held by low and moderate
Income persons at the time the CDBG assistance
is provided. Where applicable, identification
of any of the retained jobs (other than those
known to be held by low and moderate income
persons) which are projected to become available
to low and moderate income persons through job
turnover within two years of the time CDBG
assistance is provided. Information upon which
the job turnover projections were based shall
also be included in the record;
(iii) For each retained job claimed to be held by a
low and moderate income person, information on
the size and annual income of the person's
family;
(iv) For jobs claimed to be available to low and
moderate income persons based on job turnover, a
description covering the items required for
"available to" jobs in paragraph (5) of this
section; and
(v) Where jobs were claimed to be available to low
and moderate income persons through turnover, a
listing of each job which has turned over to
date, indicating which of those jobs were either
taken by, or available to, low and moderate
income persons. For jobs made available, a
description of how first consideration was given
to such persons for those jobs shall also be
included in the record.
C. Equal Opportunity Records containing:
(1) Data indicating the racial/ethnic character of each
business entity receiving a contract or subcontract
of $25,000 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
subcontract, and documentation of recipient's
affirmative steps to assure that minority business
and women's business enterprises have an equal
1
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
or subcontract solely or in part on the basis of
race or gender.
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(2) Data on the extent to which each racial and ethnic
group and single -headed households and ethnic group
and single -headed households (by gender of household
head) have applied for, participated in, or
benefited from, any program or activity funded in
whole or in part with CDBG funds. Such information
shall be used only as a basis for further
investigation as to compliance is required to attain
or maintain any particular statistical measure by
race, ethnicity, or gender in covered programs.
(3) 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.
D. Financial records, in accordance with the applicable
requirements listed in 24 CFR 570.502.
E. Records required to be maintained in accordance with
other applicable laws and regulations set forth in
Subpart K of 24 CFR.
2.2 As a necessary part of this Agreement, the SUBRECIPIENT
shall provide the following documents to the Department of
Community Development, in accordance with the requirements
of the Agreement:
A. Final Expenditure Report to be submitted no later than
thirty (30) days after contract expiration.
4- 410
B. A Certified Independent Audit to be submitted one
hundred and twenty (120) days after the expiration of
the corporate fiscal year. SUBRECIPLENT receiving monies
from the Department of Community Development must
allocate in its budget sufficient funds to secure an
annual independent audit which must include the
expression of an opinion on the SUBRECIPIENT financial
statements, and a compliance letter stating whether the
SUBRECIPIENT is in conformity with federal grant
regulations. SUBRECIPIENT shall have an agency -wide
audit made in accordance with OMB Circular A-133, made
by an independent certified public auditor to determine
whether:
(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.
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The City Staff shall have the authority to review
SUBRECIPIENT records, including programmatic records
and books of account, for a period of up to three
(3) years from the termination date of the
Agreement. All books of account and supporting
documentation should be kept by the SUBRECIPIENT at
least three (3) years for audit purposes.
ARTICLE III
3.0 PROCEDURES
3.1 TIME OF PERFORMANCE
The term of this Agreement shall be from to
i
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
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4- 410
e
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.
3.4 OBLIGATION OF SUBRECIPIENT
The SUBRECIPIENT shall carry out the services as prescribed
in its Work Program (Attachment 1.2), which is attached and
incorporated herein and made a part of this Agreement, 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 U.S. HUD and the City of Miami Department of Community
Development.
3.5 NON-DISCRIMINATION
The SUBRECIPIENT agrees that it shall not discriminate as t
race, sex, color, c-r 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, creed,
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.
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3.6 POLICIES AND PROCEDURES MANUAL
SUBRECIPLENT is aware and accepts the Personnel Policies and
Procedures Manual (Attachment 1.15) for CDBG SUBRECIPIENT as
the official document which outlines the fiscal,
administrative and Federal guidelines and which shall
regulate the day -today operations of the SUBRECIPIENT,
which is attached and incorporate herein and made a part of
this Agreement.
3.7 BONDING AND INSURANCE
SUBRECIPIENT shall maintain insurance and bonding coverages
acceptable to the CITY's Risk Management Department. Prior
to commencing any activity under this Agreement, the
SUBRECIPIENT shall furnish CO the CITY original certificates
of insurance and bonding indicating that the SUBRECIPLENT is
in compliance with the provisions of this article.
SUBRECIPIENT shall provide the following coverages:
(a) Insurance coverage that reflects sound business
practices acceptable to the CITY's Risk Management
Department.
(b) Fidelity bonding for all persons handling funds
received or disbursed under this Agreement in an amount
equal to or greater than the amount of the City grant.
City shall be named as Loss Payee.
(c) Current liability insurance shall be in amount of not
less than $500,000 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.
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0a- 410
(d) SUBRECIPIENT shall provide the CITY with proof of
Automobile Liability Coverage in as amount of not less
than $300,000 for each driver Bodily Injury and
Property Damage combined, if SUBRECIPIENT is to be
reimbursed for mileage by the CITY.
(e) The SUBRECIPIENT shall obtain Workers' Compensation and
Employers' Liability coverage as per statutory
requirements.
(f) Flood Insurance as required by the City, if applicable.
Compliance with the foregoing requirements shall not relieve
the SUBRECIPIENT of its Liability and obligations under this
section or under any other section of this Agreement.
3.8 LEVEL OF SERVICE
Should start-up time for a program be required or any delays
in service occur, the 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 SUBRECIPIENT,
in existence prior to the initiation of services hereunder,
shall be continued and shall not be reduced in any way as a
result of this Agreement. Programs funded through this
Agreement shall not result in the displacement of employed
workers, impair existing contracts for services, or result
in the substitution of funds allocated under this Agreement
for other .funds in connection with work which would have
been performed in the absence of this Agreement.
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3.9 OTHER PROGRAM REQUIREMENTS
A. SUBRECIPIENT is hereby funded to carry out commercial
rehabilitation activities eligible under 570.202(a)(3)
and to provide technical assistance to private for
profit businesses, eligible under 570.203 (b)
(Attachments 1.2(a) and 1.2(b)). SUBRECIPIENT'S Work
Program is subject to U.S. HUD'S final approval and
disussions with consultant on eligible activities. No
other activities will be funded under this agreement
unless Work Program is amended in writing by mutual
consent.
B. SUBRECIPIENT shall carry out its Work Program in
compliance with all Federal laws and regulations
described in Subpart K of the CDBG Program regulation
(24 CFR 570.600-612), (Attachment 1.15).
C. SUBRECIPIENT shall not assume the CITY's environmental
responsibilities described at 24 CFR 570.604 of the CDBG
Program regulations, and the CITY's responsibility for
initiating the review process under Executive Order
12372 (Attachment 1.15).
D. The SUBRECIPIENT shall comply with Davis -Bacon Act wage
requirements on all construction, rehabilitation and
other labor intensive work funded by the CITY in excess
of $2,000. The SUBRECIPIENT shall abide by the Federal
Labor Standards provisions of U.S. HUD Form 4010
incorporated herein as part of this agreement.
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3.10 PROGRAM INCOME
Program ' income 'means gross income received by the
SUBRECIPIENT which has been directly generated via the use
of CDBG funds. When such income is generated by an activity
that is only partially assisted with CDBG funds, the income
shall be prorated to reflect the percentage of CDBG funds
used. Program income generated by CDBG funded activities
shall be retained by SUBRECIPIENT and shall by 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 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 identify CDBG
activities in which income was derived and how income has
i
been utilized.
3.11 REPORTS, AUDITS AND EVALUATIONS
The SUBRECIPIENT shall comply with the Federal Directive
required by the U.S. HUD to document that program activities
are provided for the benefit of low to moderate 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.
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At the request of CITY, SUBRECIPIENT shall transmit to CITY
written statements of SUBRECIPIENT official policy on
specified issues relating to SUBRECIPIENT activities. The
SUBRECIPIENT shall submit monthly progress reports and
quarterly Successfully Completed Projects progress reports,
schedules, and any other reports and documentation as the
City deems necessary and which will reflect the status of
objectives and program activities accomplished thus far, in
addition to budget changes and costs expended during the
reporting period. SUBRECIPIENT shall ensure the cooperation
of its employees and Board members in such efforts. The
City staff may conduct monitoring visits monthly, quarterly,
or at random at anytime. Any inconsistent, incomplete, or
inadequate information either received by the CITY or
obtained through monitoring and evaluation by the CITY,
shall constitute good cause for the CITY to terminate this
Agreement at any time thereafter.
ARTICLE, IV
4.0 FUNDING
4.1 COMPENSATION
A. CITY shall pay SUBRECIPIENT, as maximum
compensation for the services provl.ded 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.
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B. CITY shall have the right to review and audit the time
records and related records of SUBRECIPIENT 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 approved budget. All
documentation in support of such request shall be
subject to approval by CITY at the time the request is
made and all invoices are required to be paid by
SUBRECIPIENT prior to submission. All reimbursements
must be in line -item form and be in accord with this
Agreement. All expenditures must be verified by
original invoice with a copy of the check which was used
to pay that 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 or 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 on or
before 30 days prior to the end of the term of the
Agreement.
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4.2
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.
E. 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, 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 SUBRECIPIENT as a part of this
contract and any modifications thereto.
GENERATED REVENUES
SUBRECIPIENT is required to generate revenues in the amount
of
from approved revenue generating projects.
These funds are to be used in lieu of an advance on the
fiscal City contract and to offset any other
administrative expense not paid by the City CDBG grant.
Funds generated by grants (Federal, state and local) will be
considered generated revenues. In the event that GRANTEE
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14- 410
fails to generate the above mentioned revenues by
future contracts with the GRANTEE will not be
negotiated or considered. GRANTEE must submit proper
documentation supporting the expenditure of such program
generated funds as per the Program/Line-Item Budget
Expenditure Justification.
4.3 FINANCIAL ACCOUNTABILITY
CITY reserves the right to audit the records of SUBRECIPIENT
at any time during the performance of this Agreement and for
a period of three years after final payment is made under
this Agreement. SUBRECIPIENT agrees to provide all
financial and other applicable records and documentation of
services to CITY. Any payment made shall be subject to
reduction for amounts included in the related invoice which
are found by CITY, on the basis of such audit, not to
constitute allowable expenditures. Any payments made to
SUBRECIPIENT are subject to reduction for overpayments on
previously submitted invoices.
4.4 RECAPTURE OF FUNDS
CITY shall reserve the right to recapture funds when the
SUBRECIPIENT shall fail (i) to comply with the terms of this
Agreement or (ii) to accept conditions imposed by CITY at
the direction of the federal, state and local agencies.
4.5 RELOCATION, ACQUISITION AND DISPLACEMENT
The SUBRECIPIENT agrees to comply with 24 CFR 570.606 in
addition to City of. Miami Ordinances and Resolutions and
City policies in relation to the acquisition and disposition
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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.
4.6 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.
4.7 SEPARATION OF CHURCH/STATE
In accordance with First Amendment Church/State principles,
CDBG assistance may not be used for religious activities or
provided to primarily religious entities for any activities,
including similar activities, as directed by 24 CFR
570.200(j). SUBRECIPIENT shall comply with this provision
when entering into subcontracts.
ARTICLE V
5.0 GENERAL REQUIREMENTS
5.1 INDEMNIFICATION
SUBRECIPIENT, shall pay on behalf of, and save CITY harmless
from and against any and all claims, liabilities, losses,
and causes of action which may arise out of SUBRECIPIENT
activities under this Agreement, including all other acts or
omissions to act on the part of SUBRECIPLENT, including any
person acting for or on its behalf; frum and against any
relevant orders, judgements, or decrees which may be entered
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94- 410
against the CITY; and from and against all costs, attorney's
fees, expenses, and liabilities incurred by the CITY in the
defense of any such claims or in the investigation thereof.
5.2 AMENDMENTS
No amendments to this Agreement shall be binding on either
party unless in writing and signed by both parties.
5.3 OWNERSHIP OF DOCUMENTS
All documents developed by SUBRECIPIENT under this Agreement
shall be delivered to CITY by said SUBRECIPIENT upon
completion of the services required pursuant to this
Agreement and shall become the property of CITY, without
restriction or limitation on its use. SUBRECIPIENT agrees
that all documents maintained and generated pursuant to this
contractual relationship between CITY and SUBRECIPIENT shall
be subject to all provisions of the Public Records Law,
Chapter 119, Florida Statutes (Attachment 1.15).
It is further understood by and between the parties that any
document which is given by CITY to SUBRECIPIENT pursuant to
this Agreement shall at all time remain the property of. CITY
and shall not be used by SUBRECIPIENT for any other purposes
whatsoever without the written consent of CITY.
5.4 AWARD OF AGREEMENT
SUBRECIPIENT warrants that it has not employed or retained
any person employed by the CITY to solicit or secure this
Agreement and that it has not offered to pay, paid, or
agreed ro pay any person employed by the CITY any fee,
commission percentage, brokerage fee, or gift of any kind
-24- a4- 410
contingent upon or resulting from the award of this
Agreement. _
5.5 NON-DELEGABILITY
The obligations undertaken by the SUBRECIPIENT pursuant to
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.
5.6 COSTRUCTION OF AGREEMENT
This Agreement shall be construed and enforced according to
the laws of the State of Florida.
5.7 CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person under its employ
who presently exercise 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 conflicting
interest shall be employed. Any such interests on the part
of SUBRECIPIENT or its employees, must be disclosed in
writing to the CITY.
SUBRECIPIENT is aware of the conflict of interest laws of
the City of Miami (City of Miami Code Chapter 2, Article V),
Dade County, Florida (Dade County Code Section 2-11-.1) and
the State of Florida, and agrees that it shall fully comply
in all respects with the terms of said laws.
-25- 94- 410
5.8 OBLIGATION TO RENEW
Upon expiration of the term of this Agreement, SUBRECIPIENT
agrees and understands that CITY has no obligation to renew
this Agreement.
5.9 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 SUBRECIPIENT, who shall be paid for those
services performed prior to the date of its receipt to the
notice of termination. In no case, however, shall CITY pay
SUBRECIPIENT an amount in excess of the total sum provided
by this Agreement.
It is hereby understood by and between. CITY and SUBRECIPIENT
that any payment made in accordance with this Section to
SUBRECIPIENT shall be made only if said SUBRECIPIENT is not
in default under the terms of this Agreement. If
SUBRECIPIENT is in default, then CITY shall in no way be
obligated and shall not pay to SUBRECLPIENT 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 SUBRECIPLENT rails to comply with
any term of this Agreement, or if the CITY deems it
convenient to terminate it.
=
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4- 410
5.10 REMEDIES FOR NONCOMPLIANCE
If a SUBRECIPLENT or RECIPIENT materially fails to comply
with any term of an award and an agreement, the CITY may
take one or more of the following courses of actions as
stated in (24 CFR 85.43).
(1) Temporarily withhold cash payments pending correction of
the deficiency by the SUBRECIPIENT and RECIPIENT or more
severe enforcement action by the awarding Agency.
(2) Disallow (that is, deny both use of funds and matching
credit for) all or part of the cost of the activity or
action not in compliance.
(3) Wholly or partly suspend or terminate the current award
for the SUBRECIPLENT or RECIPIENT program.
(4) Withhold further awards for the program, or
(5) Take other remedies that may be legally available.
5.11 REVERSION OF ASSETS
Upon expiration of this Agreement, the SUBRECIPLENT 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 funds.
Any real estate property that was acquired or improved by
SUBRECIPLENT 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 E o r t h 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
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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.
5.12 SALE OF PROPERTY, DISPOSITION, RETENTION AND TRANSFER OF TITLE
A. Title - Subject to the obligations and conditions set
forth in this section. Title to real property acquired
under a grant or subgrant will vest upon acquisition in
the SUBRECIPIENT or RECLPIENT 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 needed for
the originally authorized purpose, the SUBRECIPIENT will
request disposition instructions from the CITY. The
instructions will provide for one of the following
alternatives:
(1) Retention of Title; retain title after compensating
the CITY. The amount paid :o the CITY will be
computed by applying the C--TY'S percentage of
participation in the cost of -.he original purchase
to the fair market value of the property. However,
in those situations There :he SUBRECIPIENT is
-28- 0�_ 410
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 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
SUBRECCPIENT 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 r.he property.
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5.13 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 SUBRECIPIENT:
3500 Pan American Drive Name:
Miami, Fla. 33133 Address:
City, State Zip:
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
-30- 04- 410
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.
5.14 INDEPENDENT SUBRECIPIENT
SUBRECIPIENT and its employees and agents shall be deemed to
be independent SUBRECIPIENT and not agents or employees of
the CITY, and shall not attain any 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.
5.15 SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the parties herein,
their heirs, executors, legal representatives, successors,
and assigns.
ARTICLE VI
6.0 SUBRECIPIENT CERTIFICATIONS
SUBRECIPIENT certifies that:
It possesses the legal authority to enter into this
Agreement by way of a resolution, motion, or similar action
that has been duly adopted or passed as an official act of
the SUBRECIPIENT governing body, 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 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:
MATTY HIRAI
CITY CLERK
ATTEST:
CORPORATE SECRETARY
WITNESS:
APPROVED AS TO
INSURANCE REQUIREMENTS:
CESAR H. ODIO
CITY MANAGER
SUBRECIPIENT:
ADDRESS
CITY STATE ZIP
PRESIDENT
CORPORATE SEAL
APPROVED AS TO
FORM AND CORRECTNESS:
A. QUINN JONES, III
CITY ATTORNEY
1)CD/ED/07/02/93/gjd G 32-
l
CORPORATE RESOLUTION
WHEREAS,
desires to enter into an agreement with the City of Miami; and
WHEREAS, the Board of Directors at a duly held corporate
meeting has considered the matter in accordance with the By -Laws
of the corporations;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
that the president and secretary are hereby authorized and
instructed to enter into a contract in the name and on behalf of
this corporation with the City of Miami upon the terms contained
in the proposed contract to which this resolution is attached.
DATED this day of , 19
SECRETARY
BOARD OF DIRECTORS PRESIDENT
(CORPORATE SEAL)
04- 410
CITY OF MIA MI, FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Mayor and DATE MAY 31 1994 FILE
Members of the City Commission
SUBJECT Agreement with Community
Based Organizations for
Fiscal Year 1994-1995
rROM Ces io REFERENCES City Commission Agenda
Cit er June 9, 1994
ENCLOSURES
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt the
attached resolution authorizing the City Manager to execute
individual contracts with ten (10) neighborhood economic
development organizations, for the fiscal year 1994-1995 contract
period to be funded from Twentieth (20th) Year Community
Development Block Grant Funds.
BACKGROUND:
Pursuant to Resolution No. adopted by the City Commission
at the meeting of April 14, 1994, $900,000 was allocated for
economic development area funding and incentive plan. The
Department of Community Development (DCD) is hereby requesting
authorization to enter into individual contracts with ten (10)
Community Based Organizations (CBOs) for fiscal year 1994-1995
beginning July 1, 1994 through June 30, 1995.
Based on monitoring visits and performance evaluations, the DCD
is recommending and requesting authorization to enter into
individual contracts with the following eight (8) agencies for
the herein specified amounts. Contract amounts have been
calculated from a basic $50,000 a year plus incentives to reward
over achievement as recommended by the U.S. Department of Housing
and Urban Development (HUD) and their consultants, TONYA, Inc.
(see attached).
In the case of Little Havana Development Authority, Inc. (LHDA),
on November 18, 1993, the City Commission by Resolution No. 93-
732, expanded the boundaries of the Little Havana Community
Development target area. Therefore, LHDA's basic grant was
increased to $100,000 in order for the agency to provide
technical assistance in the expended target area.
1. Allapattah Business Development
Authority, Inc.
2.- Coconut Grove Local Development
Corporation, Inc.
3. Downtown Miami Partnership, Inc.
$ 78,500
53,000
53, 500
. 4- 410 417 1
W
Honorable Mayor and
Members of the City' Commission
Page 2
4. Edgewater Economic Development
Corporation, Inc.
5. Greater Biscayne Boulevard Chamber
of Commerce, Inc.
6. Little Havana Development Authority, Inc.
7. Martin Luther King Economic Development
Corporation, Inc.
8. Small Business Opportunity Center., Inc.
250
80,000
103,500
59,000
80,000
The DCD is recommending and requesting authorization to enter
into contract with the following two agencies to undertake
economic development services in the area of Little Haiti and
Overtown in order to replace those agencies which were not
refunded due to nonperformance. These organizations have been
selected after consultations with their respective areas NET
Administrators. (See attachments).
1. Human Services Division, Pierre Toussaint $50,000
Haitian Catholic Center, Inc.
2. St. John Community Development 50,000
Corporation, Inc.
The CBOs also provide neighborhood outreach services to the local
business community. These services include, but are not limited
to, the formation and/or straightening of a merchants
association, business recruitment, target area promotion,
referral service to other_ federal and county programs that are
aimed at economic revitalization, and business retention
assistance and/or opportunities.
During the last contract period, the CBOs received Community
Development Corporation (CDC) training and project assistance.
Several CBOs also participated in the Citywide Commercial Facade
Program to provide exterior facade improvements to businesses
within the eight (8) neighborhood target areas.
The DCD will continue to closely monitor the agencies and, with
the assistance of the Neighborhood Enhancement Team
Administrators, we should be able to improve the performance of
the CBOs at a neighborhood level.
Execution of contracts with the above organizations is contingent
upon successful negotiations of budgets and scope of services
with new agencies subject to approval of each work program by HUD
to assure compliance with federal mandated guidelines.
/gjd
01
4 410
of t`
N Of -
FRANK CASTANEDA �4°3 CESAR H. ODIO
Director o ••`•SS 9I1111 �
City Manager
'Of CU.,V%.
1994-1995 PROPOSED INCENTIVE PROGRAM
COMMUNITY BASED ORGANIZATION'S WORK PROGRAM FOR ECONOMIC
MINIMUM GOALS
(a) Five (5) National Objectives, or
(b) Ten (10) Facades, or
(c) Combination of (a) and (b)
For every $50,000 of Community Development Block Grant
funds granted.
I. FACADE
$250 per facade after the tenth (10th) one.
II. TECHNICAL ASSISTANCE
$1,500 per National Objectives exceeding five (5).
$200 per loan package accepted by a financial institution or
Miami Capital Development, Inc. after National Objectives
are met. No funds if agency did not meet goals.
Maximum incentive amount to be granted, $30,000
Those agencies not meeting National Objective goals will be
evaluated on cost reasonableness by milestone.
10
DEPARTMENT OF COMMUNITY DEVELOPMENT/300 Biscayne Blvd, Way, Suite 420/Miami, FL 33131/(305) 579-2461