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HomeMy WebLinkAboutR-94-0442J-94-407 5/21/94 RESOLUTION NO. ? 442 A RESOLUTION, WITH ATTACHMENTS, ALLOCATING $145,000 OF 20TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 11136, ADOPTED APRIL 1.4, 1994, AS FOLLOWS: $60,000 TO JEWISH FAMILY SERVICES, INC. FOR THE CITYWIDE SENIOR CRIME WATCH PROGRAM AND $85,000 TO THE GREATER MIAMI YOUTH SERVICES CORPS, INC. FOR A PUBLIC IMPROVEMENT PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL AGREEMENTS, IN SUBSTANTIALLY THE FORM ATTACHED, WITH THE AFOREMENTIONED AGENCIES. WHEREAS, the City Commission adopted legislation at its meeting of March 24, 1994, which authorized the City Manager to submit the Final Statement for the proposed use of Twentieth Year Community Development Block Grant Funds to the U.S. Department of Housing and Urban Development; and WHEREAS, the Final Statement included an allocation of $60,000 to Jewish Family Services, Inc. to provide home security improvements for elderly low income residents of the City of Miami; and WHEREAS, the Final Statement included an allocation of $85,000 to the Greater Miami Youth Service Corps, Inc. to assist the Agency's program for at risk young adults who will undertake physical improvement projects Citywide; A p n69oluti0n NO. 4- 4 4� 2 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 amount of $145,000 of 20th Year Community Development Block Grant Funds previously appropriated by Ordinance No. 11136, adopted April 14, 1994, is hereby allocated as follows: AGENCY/PROJECT AMOUNT Jewish Family Services/ $ 60,000 Citywide Senior Crime Watch Program Greater Miami Youth Service Corps, Inc. 85,000 Greater Miami Youth Service Corps Total Allocation $145.004 Section 3. The City Manager is hereby authorized to execute individual agreements with said agencies, in substantially the attached form, to implement their respective projects, subject to the conditions and limitations contained herein and in the City Code. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 30thday of June 1994. STEPHEN P. dLARK MAYOR ATTES!' : i MA TY HIRAI, CITY CLERK -2- 34- 442 COMMUNITY DEVELOP.RE EW: BUDGETARY REVIEW: FRANK CASM'ANEDA ZI2�CTOR MANOHA ,- R S ASSISTANT COMMUNITY DEVELOPMENT DEPARTMENT CITY MANAGE BUDGET DEPA MENT REVIEWED AS TO ACCOUNTING AND TREASURY REQUIREMENTS: U� CA GARCIA, DIRECTOR FINANCE DEPARTMENT PREPARED AND APPROVED BY: AL ERTINE B. SMITH CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A . QU, N JON CITY ATTORN 014- 442 -3- i CITY OF MIAMI, FLORIDA COMMUNITY DEVELOPMENT BLOCK GRANT SOCIAL PROGRAMS AGREEMENT 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: Community Development Block Grant Funds-20th Year TERM OF THE AGREEMENT: July 1,1994 through June 30, 1995 AMOUNT: $ VENDOR NUMBER: 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. 442 1.2 The Work Program submitted by the SUBRECIPIENT to the CITY became an attachment to this agreement and shall include the following: 1.2.1. The description section should detail the activities to be carried out by the SUBRECIPIENT. It should specifically describe the servicgs to be provided as a result of the expenditures of CDBG funds. Where appropriate, it should list measurable objectives and define the who, what, where and when; and in general how these activities will ensure that the intended beneficiaries will be served once the project is fully completed. 1.2.2. The schedule of activities and measurable objectives plays an essential role .in the grant management system. The schedule should provide projected milestones and deadlines for accomplishment of tasks, on the delivery of services. These projected milestones and deadlines are a basis 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's Program/Line-Item Budget/Expenditure Justification, Total Actual and Projected Funds Disclosure, and Staff Salaries Schedule (on forms supplied by the CITY); budget for - 2 - 4- 442 program -generated revenues; copies of all subcontracts and/or management services Agreements funded in whole or in part under this Agreement. 1.4 Certificate of Insurance which reflects SUBRECIPIENT's current liability .insurance, naming the CITY as primary or additional insured as determined by the Risk Management Division of the CITY; current Workers' Compensation insurance; current Fidelity Bond (applicable for all persons who are authorized to receive and disburse funds under this Agreement); and other coverage as deemed necessary, if applicable (i.e. automobile insurance). 1.5 SUBRECIPIENT's Corporate Seal (to be affixed to Signatory Page, and Corporate Resolution). 1.6 Copy of SUBRECIPIENT's Article 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 that the SUBRECIPIENT's internal controls are adequate to safeguard the organization's assets as per (OMB) Circular A-133. - 3 - 94- 442 1.12 Copy of last Audit Report as performed by an independent C.P.A. 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 "0" (Procurement Standards), (OMB) Circular A-122 and A-21 "Cost Principles for Non -Profit Organizations and Cost Principles for Educational Institutions, as modified by 24 CFR Part 570.502 (a)(b); "Applicability of Uniform Administrative Requirements," of the Community Development Block Grant (CDBG) Program regulations, Final Rule, and provided as an attachment to this Agreement (Attachment I). Lead Base Paint Regulations 24 CFR Part 35. 1.16 Copy of last Income Tax Return (IRS Form 990). ARTICLE II 2.0 RECQRDS TO BE MAINTAINED 2.1 SUBRECIPIENT shall establish and maintain sufficient records - 4 - a4- 442 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 substitute a notice that the assisted person is a referral from a state, to refer individuals it - 5 - 94- 442 determines to be low and moderate income persons based on HUD's criteria and agrees to maintain documentation supporting these determinations. Such records shall include the following information. (1) For each activity determined to benefit low and moderate income persons, the income limits applied and the point in time when the benefit was determined. (2) For each activity determined to benefit low and moderate income persons based on the area served by the activity: (i) The boundaries of the service area; (ii) The income characteristics of families and unrelated individuals in the service area; and (iii) If the percent of low and moderate income persons in the service area is less than 51 percent, data showing that the area qualifies under the exception criteria set forth at 570.208(a)(1)(ii); (3) For each activity determined to benefit low and moderate income persons because the activity involves a facility or service designed for use by a limited clientele consisting exclusively or predominantly of low and moderate income persons: (i) Documentation establishing that the facility - 6 - 94- 442 or service is designed for and used by senior citizens, handicapped persons, battered spouses, abused children, the homeless, illiterate persons, or migrant farm workers, for which the regulations provide presumptive benefit to low and moderate income persons; or Documentation describing how the nature and, if applicable, the location of the facility or service establishes that it is used predominantly by low and moderate income persons; or Data showing the size and annual income of the family of each person receiving the benefit. (c) Equal Opportunity Records containing: (1) 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 which is required to attain or maintain any particular statistical measure by race, ethnicity, or gender in covered programs. - 7 - '9d- 442 (2) 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. B. Certified Independent Audit to be submitted ninety (90) days after the expiration of the corporate fiscal year. SUBRECIPIENT receiving monies from the Department of 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's financial statements, and a compliance letter stating whether the SUBRECIPIENT is in - 8 - 34- 442 conformity with federal grant regulations. SUBRECIPIENT shall have an audit made in accordance with (OMB) Circular A-133, made by an independent certified public auditor to determine whether: (1) The financial statements of the institution present fairly its financial position and the results of its operations in accordance with generally accepted accounting principles. (2) The institution has an internal control structure to provide reasonable assurance that the institution is managing Federal awards in compliance with applicable laws and regulations that could have material impact on the financial statements. (3) The institution has complied with the laws and regulations that may have a direct and material effect on its financial statements amounts and in each major Federal programs. The City staff shall have the authority to review SUBRECIPIENT records, including programmatic records and books of account, for a period of up to three ( 3 ) years from the termination date of the Agreement. All books of account and supporting documentation should be kept by the SUBRECIPIENT at least three (3) years for audit purposes. - 9 - 94- 442 ARTICLE III 3.0 PROCEDURES 3.1 TIME OF PERFQF14ANU The term of this Agreement shall be from ,July 1. 1994 to June 30, 1995. 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. 3.4 OBLIGATION OF �UBRECIPIENT The SUBRECIPIENT shall carry out the services as prescribed in its Work Program, which is attached and incorporated herein and made a part of this Agreement, in a lawful, and proper manner, satisfactory to the CITY, in 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 City of Miami Department of Community Development. 3.4.1 NON-DISCRIMINATION The SUBRECIPIENT agrees that it shall not discriminate as to race, color, religion, sex, national origin, age, handicap or marital status in connection with its performance under this agreement. 3.5 POLICIES AND PROCEDURES MANUAL SUBRECIPIENT is aware and accepts the Policies and Procedures Manual (Attachment III) for Community Based Organizations as the official document which outlines the fiscal, administrative and Federal guidelines and which shall regulate the day-to-day operations of the SUBRECIPIENT, which is attached and incorporate herein and made a part of this Agreement. 3.6 BONDING AND INSURANCE SUBRECIPIENT shall maintain insurance and bonding coverages acceptable to the CITY's Department of Risk Management Division of the Personnel Management Department. Prior to commencing any activity under this Agreement, the SUBRECIPIENT shall furnish to the CITY original certificates I of insurance and bonding indicating that the SUBRECIPIENT is in compliance with the provisions of this article. SUBRECIPIENT shall provide the following coverages; (a) Insurance coverage that reflects sound business practices acceptable to the CITY's Department of Risk Management. (b) Fidelity bonding for all persons handling funds received or disbursed under this Agreement in an amount equal to or greater than the amount of the City grant. CITY shall be named as Loss Payee. (c) Current liability insurance shall be in an amount of not less than $500,000 General Aggregate which shall include Fire liability. City shall be named as Primary Additional Insured and there shall be no exclusions in such policies to override the CITY coverage. (d) SUBRECIPIENT shall provide the CITY with proof of Automobile Liability Coverage in a 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 - 12 - 94�- 442 section or under any other section of this Agreement. 3.7 LEVEL QF 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. 3.8 OTHER PROGRAM REQUIREMENTS (a) 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 I). (b) 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 I). - 13 - 94- 442 (c) The SUBRECIPIENT shall comply with Davis -Bacon Act wage requirements on all construction, rehabilitation and other labor intensive work funded by the CITY in excess of $2,000. The SUBRECIPIENT shall abide by the Federal Labor Standards provisions of U.S. HUD Form 4010 incorporated herein as part of this agreement. 3.9 PROGRAM INCOME Program income means gross income received by the SUBRECIPIENT which has been directly generated via the use of CDBG funds. When such income is generated by an activity that is only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. Program income generated by CDBG funded activities shall be retained by SUBRECIPIENT and shall 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 been utilized. 3.10 REPORTS, AUDITS AND EVALUATIONS The SUBRECIPIENT shall comply with the Federal Directive required by the U.S. Department of Housing and Urban Development (USHUD) to document that program activities are provided for the benefit of low to moderate income persons. In accordance with the Code of Federal Regulations 24 CFR Part 570.506, records shall be maintained for each activity to determine that services benefit low and moderate income persons. At the request of CITY, SUBRECIPIENT shall transmit to CITY written statements of SUBRECIPIENT's official policy on specified issues relating to SUBRECIPIENT's activities. CITY may carry out monitoring and evaluation activities, including visits and observations by CITY staff; SUBRECIPIENT shall ensure the cooperation of its employees and Board members in such efforts. 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 required pursuant to Article II hereof, $ - 15 - 94-- 442 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. With a written request from GRANTEE, CITY may advance two months of the appropriated funds to SUBRECIPIENT. The advance shall. be justified as follows: one-half (1/2) in nine (9) equal installments commencing in the third month of this Agreement and continuing through the eleventh month of this Agreement; one-half (1/2) in the twelfth and final month of this Agreement. This method of justifying the advance may be amended by the DEPARTMENT. Funds shall not be advanced by the CITY if the SUBRECIPIENT is in default under this Agreement. D. All payments shall be reimbursements for expenditures incurred only during the term of this Agreement, and in compliance with the previously 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 submitting reimbursement request, copies of the cancelled checks shall be submitted. In the event that an invoice is paid by various funding sources, a copy of the invoice may be submitted but must indicate the exact amount paid by various funding sources equaling the total of the invoice. No miscellaneous categories shall be accepted as a line item in the budget. Request for line -item changes are allowable, with prior review and approval by the CITY. All line -item changes must be made prior to the end of the term of the Agreement. E. Requests for payment should be made at least on a monthly basis. Reimbursement requests should be submitted to the CITY within thirty (30) calendar days after the indebtedness has been incurred. Failure to comply may result in the rejection for repayment of those invoices within the reimbursement package which do not meet this requirement. F. 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. G. Any payment due under this Agreement may be withheld pending the receipt and approval by the CITY of all reports due from the SUBRECIPIENT as a part of this contract and any modifications thereto. 4.2 FINANCIAL ACCOUNTABILITY CITY reserves the right to audit the records of SUBRECIPIENT at any time during the performance of this Agreement and for a period of three years after final payment is made under this Agreement. SUBRECIPIENT agrees to provide all financial and other applicable records and documentation of services to CITY. Any payment made shall be subject to reduction for amounts included in the related invoice which are found by CITY, on the basis of such audit, not to constitute allowable expenditures. Any payments made to SUBRECIPIENT are subject to reduction for overpayments on previously submitted invoices. 4.3 RECAPTURE OF FUNDS CITY shall reserve the right to recapture funds when the SUBRECIPIENT shall fail (i) to comply with the terms of this Agreement or (ii) to accept conditions imposed by CITY at the direction of the federal, state and local agencies. 4.4 CONTINGENCY CLAUSE Funding for this Agreement is contingent on the availability of funds and 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 .5 SEFAR&A 'ION OF CHURQHL T E 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. 4.6 RELOCATION, ACOV9ITTON AND DISPLACEMENT The SUBRECIPIENT agrees to comply with 24 CFR 570.606 in addition to City of Miami Ordinances and Resolutions and City policies in relation to the acquisition and disposition of all real property utilizing grant funds, and to the displacement of persons, businesses, non-profit organizations occuring as a direct result of any acquisition or real property utilizing grant funds. ARTICLE V 5.0 GENERAL REQUIREMENTS 5.1 INDEMNIFICATION SUBRECIPIENT, shall pay on behalf of, and save CITY harmless from and against any and all claims, liabilities, losses, and causes of action which may arise out of SUBRECIPIENT's activities under this Agreement, including all other acts or omissions to act on the part of SUBRECIPIENT, including any person acting for or on its behalf; from and against any relevant orders, judgements, or decrees which may be entered against the CITY; and from and against all costs, attorney's - 19 - 9J4- 442 fees, expenses, and liabilities incurred by the CITY in the defense of any such claims or in the investigation thereof. 5.2 AMENDMBNT� 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 I). 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 to pay any person employed by the CITY any fee, commission percentage, brokerage fee, or gift of any kind - 20 - J4-- 442 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 CONSTRUCTION OF AGREEMENT This Agreement shall be construed and enforced according to the laws of the State of Florida. 5.6.1 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercise any functions or responsibilities in connection with CDBG funded activities, has any personal financial interest, direct or indirect, in this Agreement. The SUBRECIPIENT further covenants that, in the performance of this Agreement, no person having such 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. - 21 - 94- 442 5.7 OBLIGATION TO RENEW Upon expiration of the term of this Agreement, SUBRECIPIENT agrees and understands that CITY has no obligation to renew this Agreement. 5.8 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 SUBRECIPIENT, who shall be paid for those services performed prior to the date of its receipt to the notice of termination. In no case, however, shall CITY pay SUBRECIPIENT an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between CITY and SUBRECIPIENT that any payment made in accordance with this Section to SUBRECIPIENT shall be made only if said SUBRECIPIENT is not in default under the terms of this Agreement. If SUBRECIPIENT is in default, then CITY shall in no way be obligated and shall not pay to SUBRECIPIENT any sum whatsoever. It is also understood that in accordance with 24 CFR 85.43- 44 of the CDBG rules and regulations, suspension or termination may occur if SUBRECIPIENT fails to comply with any term of this Agreement, or if the CITY deems it convenient to terminate it. - 22 - 94- 442 5.8.1 REMEDIES FOR N(�NCOMPIANCE If a SUBRECIPIENT or RECIPIENT materially fails to comply with any term of an award and an agreement, the CITY may take one or more of the following courses of actions as stated in (24 CFR 85.43). (1) Temporarily withhold cash payments pending correction of the deficiency by the SUBRECIPIENT and RECIPIENT or more severe enforcement action by the awarding Agency. (2) Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not in compliance. (3) Wholly or partly suspend or terminate the current award .for the SUBRECIPIENT or RECIPIENT program. (4) Withhold further awards for the program, or (5) Take other remedies that may be legally available. 5.9 REVERSION OF ASSETS Upon expiration of this Agreement, the SUBRECIPIENT shall transfer to the CITY any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Any real estate property that was acquired or improved by SUBRECIPIENT in whole or in part with CDBG funds in excess of $25,000 shall be either: A. Used to meet one of the three (3) CDBG National Objectives set forth by 24 CFR 570.208 of the CDBG - 23 - 94- 442 Program regulations, until five (5) years after expiration of this Agreement, or such longer period of time as determined appropriate by the City; or B. Disposed of in a manner_ resulting in the CITY being reimbursed in the amount of the current fair market 000value of the property less any portion thereof 00attributable to expenditures of non-CDBG funds for 000acquisition of, or improvements to, the property. 5.9.1. 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 RECIPIENT respectively as stated in 24 CFR Part 85. B. Use - Except as otherwise provided by Federal statutes, real property will be used for the originally authorized purposes as long as needed for that purpose, and the SUBRECIPIENT shall not dispose of or encumber its title or other interests. C. Disposition - When real property is no longer needed for the originally authorized purpose, the SUBRECIPIENT will request disposition instructions from the CITY. The instructions will provide for one of the following alternatives: (1) Retention of Title; retain title after compensating the CITY. The amount paid to the - 24 - 94- 442 CITY will be computed by applying the CITY's percentage of participation in the cost of the original purchase to the fair market value of the property. However, in those situations where the SUBRECIPIENT is disposing of real property acquired with grant funds and acquiring replacement real property under the same program, the net proceeds from the disposition i 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 000will be calculated by applying the CITY's OOpercentage of participation in the cost of the OOoriginal purchase to the proceeds of the sale OOafter deduction of any actual and reasonable 00selling and fixing -up expenses. If the grant 00is still active, the net proceeds from sale 00may be offset against the original cost of the Oproperty. When the SUBRECIPIENT is directed to sell property, sales procedures shall be followed that provide for competition to the extent practicable and result in the highest possible return. 3. Transfer of Title; transfer title to the CITY or to a third -party designated/approved by the CITY. The SUBRECIPIENT shall be paid an amount - 25 - • 4 calculated by applying the SUBRECIPIENT's percentage of participation in the purchase of the real property to the current fair market value of the property. 5.10 GENERAL CONDITIONS A. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail addressed to the other party at the address 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 Miami, Fla. 33133 Miami, Florida 331 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 hall 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. - 26 - 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 SUBRECIPIENT SUBRECIPIENT and its employees and agents shall be deemed to be independent SUBRECIPIENTs and not agents or employees of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY or any rights generally afforded classified or unclassified employees; further, they shall not be deemed entitled to the Florida Worker's Compensation benefits and an employee of the CITY. 5.12 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. - 27 - 94- 442 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's governing body, authorizing the execution of the Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the SUBRECIPIENT to act in connection with the Agreement and to provide such additional information as may be required. 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 CESAR H. ODIO CITY MANAGER SUBRECIPIENT: , a Florida not for profit corporation PRESIDENT SEAL GUARANTEE I , in consideration of the City of Miami's execution of the foregoing Agreement, the undersigned, guarantee the performance of the terms and conditions in said Agreement required to be performed by the SUBRECIPIENT including but not limited to the provisions relating to default, assurances, and certifications. Dated this day of r 1994, an individual by individually WITNESS: APPROVED AS TO INSURANCE REQUIREMENTS: FRANK K. ROLLASON DEPUTY FIRE CHIEF RISK MANAGEMENT DIVISION APPROVED AS TO LEGAL FORM AND CORRECTNESS: A. QUINN JONES III CITY ATTORNEY OW 94- 442 i CITY OF MIA MI, FLORIDA INTER -OFFICE MEMORANDUM �� TO. The Honorable Mayor and Members DATE JUN 15 1994 FILE: of the City Commission SUBJECT. Resolution Allocating $145,000 of 20th Year Community Development FROM: REFERENCES Block Grant Funds Cesar o ENCLOSURES City Commission Agenda City a ger June 30, 1994 RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached resolution which allocates $145,000 of 20th Year Community Development Block Grant funds as follows: $60,000 to Jewish Family Services, Inc. and $85,000 to Greater Miami Youth Service Corps, Inc.; and further authorizes the City Manager to execute individual agreements with each agency in substantially the form attached. BACKGROUND: On March 24, 1994, the City Commission adopted legislation which authorized the City Manager to submit the Final Statement of Community Development Objectives and Projected Use of Funds for the 20th Year to the U.S. Department of Housing and Urban Development (USHUD). As a follow-up to this action, the Department of Community Development has submitted the Final Statement to USHUD. The approved Final Statement includes allocations for the following two (2) activities: - $60,000 was allocated to Jewish Family Services, Inc., to provide home security improvements for elderly low income residents of the City of Miami. This on going project is entitled the Citywide Senior Crime Watch Program. - $85,000 was allocated to the Greater Miami Youth Service Corps, Inc., to assist the Agency's program for at risk young adults who will undertake physical improvement projects citywide. This project is entitled the Greater Miami Service Corp. Adoption of the proposed resolution allocates $145,000 of 20th Year Community Development funds to the two (2) agencies as outlined above, and authorizes the City Manager to execute The Honorable Mayor and Members -- 2 of the City commission individual agreements with each Agency in substantially the form attached. Attachments: