HomeMy WebLinkAboutR-94-0444J-94-406
6/30/94
RESOLUTION NO. 9 4- 444
A RESOLUTION, WITH ATTACHMENTS, ALLOCATING
$194,395 OF TWENTIETH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS APPROPRIATED BY
ORDINANCE NO. 11136 TO DE HOSTOS SENIOR
CENTER TO OPERATE A PROGRAM FOR THE ELDERLY
IN THE WYNWOOD TARGET AREA FOR THE PERIOD
JULY 1, 1994 THROUGH JUNE 30, 1995; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE
AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH SAID AGENCY FOR SAID PROJECT.
WHEREAS, the City Commission adopted Resolution No. 94-172
on March 24, 1994, which identified public service projects for
the City Manager to include in 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 City Commission adopted Motion No. 94-172 on
April 14, 1994, which allocated $194,395 to the De Hostos Senior
Center as one of the approved public service projects; and
WHEREAS, said allocation is contingent upon De Hostos Senior
Center, Inc. submitting a line item budget for the allocation of
$194,395 and that funds be released only upon submission of
original invoices;
' COIN US310N
MEETI14G OF
JL N � 41 1994
R""Iu, otkN1
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. An amount of $194,395 of Twentieth Year
Community Development Block Grant Funds, previously appropriated
by Ordinance No. 11136, adopted April 14, 1994, is hereby
allocated to the De Hostos Senior Center, Inc., for the period
July 1, 1994 through June 30, 1995.
Section 3. The City Manager is hereby authorized to
execute agreements, in substantially the attached form, with the
aforementioned agency to implement its social service project,
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 Nth day of June , 1994.
?A*&at,4A--,s
1,.L N2EPHEN P . diARK, MAYOR
CITY CLERK
-2-
94- 444
COMMUNITY 1V PM REVIEW: BUDGETARY REVIEW:
? FRANK"CASTA, .DIRECTOR MANOHA ItY
RANA
COMMUNITY DEVELOPMENT DEPARTMENT ASSISTA / MANAGERE
REVIEWED AS TO ACCOUNTING
AND TREASURY REQUIREMENTS:
CARf6SrrPARCIA, DIRECTOR
FINANCEI DEPARTMENT
PREPARED AND APPROVED BY:
i
OLGA RAMIREZ--S JAS
i ASS TANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A. QUINN S, III
CITY ATT MY
ORA:csk:M4541
i
i
i
i
i
I
k
i
I
' 94- 444
-3-
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
11 a Florida not for profit
corporation, (hereinafter referred to as the 11SUBRECIPIENT11)•
FUNDING SOURCE: ComMunity DevelopmentBlGent Funds-20th Year
TERM OF THE AGREEMENTS 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��I�S
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 Comunity Development:
1.1 Corporate Resolution authorizing execution of this
Agreement.
- 1 -
94- 444
a
i
1.2 The Work Program submitted by the SUBRECIPIENT to the CITY
became an attachment to this agreement and shall include thf
following:
1.2.1. The description section should detail the activities
I
to be carried out by the SUBRECIPIENT. It should
isnecifica1,11► describe the services to be provided as
a result of the expenditures of CDBG funds. Where
appropriate, it should list measurable objectives
and define the who, what, where and when; and in
general how these activities will ensure that the
intended beneficiaries will be served once the
project is fully completed.
( 1.2.2. The schedule of activities and measurable objectives
i
j plays an essential role in the grant management_
i
system. The schedule should provide projectea
milestones and deadlines for accomplishment of
tasks, on the delivery of services. These projected
milestones and deadlines are a basis for measuring
i
actual progress during the term of the agreement.
These items shall be in sufficient detail to provide a sound
1
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
0
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.
94- 444
1
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-67 "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 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 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
follo: ng 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
pe:~son" 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
=.1M
94- 444 It
determines to be low and moderate income persons based
1
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
i
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
i
(iii) If the percent of low and moderate income
f persons in the service area is less than 51
1
percent, data showing that the area qualifies
under the exception criteria set forth at
I - 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
i
i ` 6 '"
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
(ii) 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
(iii) 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 94- 444 /3
i
(2) Documentation of actions undertaken to meet the
t
i requirements of 24 CFR 570.607(b) which implements
i
j 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
F
i
other applicable laws and regulations set forth in
i
Subpart K of 24 CFR.
i
2.2 As a necessary part of this Agreement, the SUBRECIPIENT
i
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
i Community Development must allocate in its budget
i
i 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
/N
- 8 -
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 accor-�ance 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.
94- 444
0
ARTICLE III
3.0 P_RMDURES
3.1 TIME PERFORMANCE
The term of this Agreement shall be from July 1. 1994 to
June 30, 192..
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 SUBRECIPIENT
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
- 10 -
(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.
3.5 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
l%
94- 444
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
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 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 CPR 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- 444
(c) The SUBRECIPIENT shall comply with Davis -Bacon Act wage
requirements on all construction, rehabilitation ane
I other labor intensive work funded by the CITY in excess
i
of $2,000. The SUBRECIPIENT shall abide by the Federal
I
Labor Standards provisions of U.S. HUD Form 4010
i
incorporated herein as part of this agreement.
i 3.9 PROGRAM INCOME
Program income means gross income received by the
E 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
I shall be retained by SUBRECIPIENT and shall by used to only
undertake those activities specifically approved by the CITY
I
on the Work Program. All provisions of this Agreement shall
apply to such activities. Any program income on hand when
j
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.
i
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.
14 -
I
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- 444
IL1
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
ddl
0
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 sourc a 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 packaie which
do not meet this requirement.
F. SUBRECIPIENT must submit the final request for payment
to the CITY within IQ calendar days following the
expiration date or termination date of this Agreement.
If the SUBRECIPIPHT fails to comply, all rights to
payment are forfeited and the CITY shall not honor any
request submitted after the aforesaid agreed upon
period.
- 17 - 94- 444 93
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 ACCOUNTARTLTTY
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 o.
previously submitted invoices.
4.3 RECAPTURE OE 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.
- 18 -
4 .5 EI!ARATION OF CHj
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 RELOCKTION. AC UISI 1QN ANlJ 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 GENEML 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 agai.xt all costs, attorney's
- 19 - dr
94- 444
696
fees, expenses, and liabilities incurred by the CITY in the
defense of any such claims or in the investigation thereof.
5.2 MNDMENTS
No amendments to this Agreement shall be binding on either
party unless in writing and signed by both parties.
5.3 SHIP OF DQCUMENTS
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 -
contingent upon or resulting from the award of this
Agreement.
5.5 NON-D LEQABILITY
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 AGREE
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 responsib.1-Mies in
connection with CDBG fu..,Lded 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- 444 rP%
5.7 OBLIGATION
Upon expiration of the term of this Agreement, SUBRECIPIENT
agrees and understands that CITY has no obligation to renew
this Agreement.
5.8 T,EMIA&UON QF CONJRACT
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 SUBRECIPIEM
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 -
5.8.1 REMEDIES FOR NNCOMPLIAN
If a SUBRECIPIENT or RECIPIENT materially fails to comply
%. th any term of ar 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- 444 d�
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 PROPERIX. 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 th�r
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
k 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
OOOwill be calculated by applying the CITY's
00percentage of participation in the cost of the
OOoriginal purchase to the proceeds of the sale
OOafter deduction of any actual and reasonable
f
OOselling and fixing -up expenses. If the grant
y
OOis still active, the net proceeds from sale
j OOmay 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 - 94- 444 31
1 '
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.
i
I 5.10 GENERAL CONQITIONS
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
L registered mail addressed to the other party at the
i
address indicated herein or as the same may be changed
i 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
I
receipt, whichever is earlier.
i
j CITY OF MIAMI SUBRECIPIENT
I
i 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
i
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 -
0
. . .
0
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 SUBRFCIPIENT
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 - 943j
444
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
1
instrument to be executed by the respective officials
thereunto duly authorized on the first date above written.
i
CITY OF MIAMI, a municipal
Corporation of the State of
Florida
f ATTEST:
i
i
f
MATTY HIRAI CESAR H. ODIO
CITY CLERK CITY MANAGER
ATTEST: SUBRECIPIENT:
, a Florida not for profit
corporation
I
j CORPORATE SECRETARY PRESIDENT
y SEAL
I •
j(
1 �� -28-
{
{
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 , 1994
an individual by
individually
WITNESS:
FRANK K. ROLLASON
DEPUTY FIRE CHIEF
RISK MANAGEMENT DIVISION
APPROVED AS TO LEGAL FORM AND CORRECTNESS:
A. QUINN JONES
CITY ATTORNEY
-. z9 - 94-- 444
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM 1
2
TO. The Honorable Mayor and Members
of the City Commission
FROM
In
Cesajero
City
RECOMMENDATION
DATE JUN I r 1994 FILE
SUBJECT :Resolution Allocating 20th
Year CDBG Funds to De
Hostos Senior Center, Inc.
REFERENCES
City Commission Agenda
ENCLOSUFt-mne 30, 1994
It is respectfully recommended that the City Commission adopt the
attached resolution which allocates $48,600 of 20th Year Community
Development Block Grant Funds to the De Hostos Senior Center, Inc.
for the period July 1 - September 30, 1994, and further authorizes
the City Manager to execute an agreement with said agency in
substantially the form attached.
h ••
On April 14, 1994, the City Commission adopted Motion 94-172 which
expressed the intent to allc:_ate 20th Year Community Development
Block Grant Funds and indirect costs to approved social service
agencies. Included among the approved social service agencies was
the De Hostos Senior Center, Inc., which was allocated $194,395 to
operate a program for the elderly in the Wynwood target area.
Subsequent to the City Commission meeting, staff has identified
internal problems at the organization which have necessitated a
reevaluation of the original recommendation. Staff has been working
with the Agency to address and resolve these internal problems.
The pr 3ram for the elderly in the Wynwood area is important to the
commun.Lty and it is critical that services are maintained at an on
going level. It is recommended that funds be provided on a three
month basis while staff provides technical assistance to the
organization and attempts to resolve the existing situation. After
the three month trial basis, staff will be in a position to
recommend funding for a program to the elderly in the Wynwood area
for the balance of the C.D. year to either the existing s, —ice
provider or a new provider. The key consideration is that se_ Lces
are continued without interruption.
The proposed resolution allocates $48,600 to the De Hostos Senior
Center, Inc. for the period July 1, 1994 - September 30, 1994 and
further authorizes the City Manager to execute agreements with these
agencies in substantially the form attached.
Attachments:
Proposed Resolution
Social Services Agreement
94- 444