HomeMy WebLinkAboutR-94-0445y i
J-94--405
6/30/94
94- 445
RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENT, ALLOCATING
$90,000 OF COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS TO THE TRI CITY COMMUNITY ASSOCIATION,
INC. FOR ITS HOME IMPROVEMENT PROJECT FOR LOW
INCOME PERSONS FOR THE PERIOD AUGUST 1, 1994
THROUGH JUNE 30, 1995; FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH THE
AFOREMENTIONED AGENCY FOR SAID PURPOSE.
WHEREAS, the Tri City Community Association, Inc.
("Agency") provides a home improvement program to low income
residents of the City of Miami; and
WHEREAS, the City Commission, at its June 30, 1994 meeting,
directed that the City's contribution to the Agency, supplemented
by that of Metropolitan Dade County, will bring the total funding
to an amount of $300,000; and
WHEREAS, it has been determined that the City's portion of
the $300,000 funding is the amount of $90,000;
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.
ATTA C
5`!J �iy �•! !1 C i1 �� !;
CITY CoFffassioN
VA"'ETI aG OF
j U it, ? i 194
Ruw1ution No.
94- 445
Section 2. The amount of $90,000 of Community
Development Block Grant Funds is hereby allocated to the Tri City
Community Association, Inc. to provide a home improvement project
for low income residents of the City of Miami for the period
August 1, 1994 through June 30, 1995.
Section 3. The City Manager is hereby authorized to
execute agreements with said agency, in substantially the
attached form, to implement its social service 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 30th da of -June , 1994.
tw It
S EPHEN P. CLARK, MAYOR
CITY CLERK
COMMUNITY DB:V--RWPME4 /REVIEW :
FRANK AST, A, DIRECTOR
COMM ITY DEVELOPMENT DEPARTMENT
REVIEWED AS TO ACCOUNTING
AN744<-
CARY REQUIREMENTS:
t.-<i
GARCIA, DIRECTOR
FINANdt DEPARTMENT
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BUDEGETARY REVIEW:
- (A -
MANOR URANA
ASSIS T CITY MANAGER
94- 445
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, (hereint-iter referred to as the "SUBRECIPIENT").
FUNDING SOURCE: Community Qevelnnmgnt Block Grant Funds-20th Year
TERM OF THE AGREEMENT: AuZust 1. 1994 through, .,line 30, 1925
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.
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94- 445
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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
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Ispecifica??y 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 ben
eficiaries will be served once the
project is fully completed.
1.2.2. The schedule of activities and measurable objectives
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plays an essential role in the grant management
system. The schedule should provide projected
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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
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i Schedule (on forms supplied by the CITY); budget for
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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 c -aUBRECIPIENT'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.
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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
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
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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
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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 +rovide 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
tie 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 e,-hnic
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.
94- 445
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(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
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Subpart K of 24 CFR.
j 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:
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A. Final Expenditure Report to be submitted no later than
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thirty (30) days after contract expiration.
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B. Certified Independent Audit to be submitted ninety (90)
days after the expiration of the corporate fiscal year.
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SUBRECIPIENT receiving monies from the Department of
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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
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conformity with federal grant regulations.
SUBRECIPIENT shall have an audit made in accordance
with (OMB) Circular A-133, m,-'e 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 provile reasonable assurance that the
institutioa 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- 445 13
ARTICLE III
3.0
3.1
The t.em of this Agreement shall be from ,,duly 1. 1994 to
Juy2e A. 19 9 5 .
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
..� (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 tL the CITY original certificates
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.
1 (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.
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CITY shall be named as Loss Payee.
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(c) Current liability insurance shall be in an amount of
I not less than $500,000 General Aggregate which shall
include Fire liability. City shall be named as Primary
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Additional Insured and there shall be no exclusions in
jsuch policies to override the CITY coverage.
(d) SUBRECIPIENT shall provide the CITY with proof of
Automobile Liability Coverage in a amount of not less
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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 Q' SERVICE
Should start-up time for a program be required or an.v delays
in service occur, the Department of Community Development is
to be notified in writing immediately, giving all pertinent
details and indicating when service small 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 MUIREMENTS
(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).
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(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.
j 3.9 PROGRAM INCOME
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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 CITI.
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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 FVALUATIQUE
The SUBRECIPIENT shall comply with the Federal Directive
required by the U.S. Depa, tent of Housing and Urban
Development (USHUD) to document that program activities are
provided for the enefit of low to moderate income persons.
In accordance with the Code of Federal Regulations 24 :FR
Part 570.506, records shall be maintained for each activity
to de:.ermine 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;
h SUBRECIPIENT shall ensure the cooperation of its employees
:.:::d 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, $
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94_ 445
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
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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 31 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.
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94- 445
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 AzLITY
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.
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4.5 ,SEEAMTION 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.
4.6 RELOCATION, ACOUISITION AND DISPLACEMENT
The SUBRECIPIENT agrees to comply with 24 CFR 570.6,A 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 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, atto-..,ey's
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94- 445 �/
fees, expenses, and liabilities incurred by the CITY in the
defense of any such claims or in the investigation thereof.
5.2 AMENDMENTa
No amendments to this Agreement shall be binding on either
party unless in writing and signed by both parties.
5.3 OWNER2 AE 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
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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.
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i 5.7 OBLIGATION TO RENEW
Upon expiration of the term of this Agreement, SUBRECIPIENT
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j 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
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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
j in default under the terms of this Agreement. if
SUBRECIPIENT is in default, then CITY shall in no way be
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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
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convenient to terminate it.
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5.8.1 REMEDIES FOR NONOMPPLIANCE
-� 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
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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
000 f t 4- th t
acquson a , iitior improvemen s o, e proper I.
5.9.1. SALE OFPROPERTY, DISPOSITION. RETENTI N 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 -
F
N
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
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
OOselling and fixing -up expenses. If the grant
OOis still active, the net proceeds from sale
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
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94- 445
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 GENEML 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. 333.33
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.
3d -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 aLlDRECIPIENT
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.
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31
3/2/
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:
CESAR H. ODIO
CITY MANAGER
SUBRECIPIENT:
, a Florida not for profit
corporation
CORPORATE SECRETARY PRESIDENT
SEAL
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:
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 Wo
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94- 445
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM 13
TO. The Honorable Mayor and Members DATE JUN 15 1994 FILE:
of the City Commission
SUBJECT: Resolution Allocating
$25,000 of CDBG Funds
to Tri City Community
FROM: REFERENCES: Association, Inc.
Ces io City Commission Agenda
Cit ager ENCLOSURES: June 30, 1994
RECOMMENDATIQN:
It is respectfully recommended that the City Commission adopt the
attached resolution which allocates $25,000 of Community
Development Block Grant funds to Tri City Community Association,
Inc.; and further authorizes the City Manager to execute an
agreement with said agency in substantially the form attached.
BACKGROUND:
:
The Department of Community Development has prepared the attached
legislation to allocate $25,000 of Community Development Block
Grant Funds to Tri City Community Association, Inc. to provide a
home improvement project for low income residents of the City of
Miami.
Historically, the City has supported this project with the
allocation of Community Development Block Grant Funds. During the
19th C.D. Year, the Agency received $25,000. However, this
project was not included in staff's original recommendation for
the allocation of 20th Year funds. The organization had
experienced significant internal problems over the years which
have resulted in a constant turnover of agency personnel and also
on the agency's Board of Directors. Staff has worked continuously
with project staff and provided technical assistance in an effort
to resolve these matters.
At the time of the original staff recommendation, City staff
determined that due to the Agency's internal situation, it would
not recommend continued funding to this organization. Subsequent
to this recommendation, staf f met with the new Board and Agency
administration to reevaluate this organization. During this
review, it was felt that the Agency's Board and Administration
had worked closely together to establish stability within the
organization and renew the Agency's vision and commitment to the
community. As a result, the Department of Community Development
recommends that the $25,000 allocation be restored. Staff will
continue to monitor this project closely to insure the goals of
the program are met satisfactorily.
6
Honorable Mayor and - 2 -
Members of the City
Commission
Adoption of the proposed resolution allocates $25,000 of Community
Development funds to the Tri City Community Association, Inc.
and authorizes the City Manager to execute an agreements with
the Agency in substantially the form attached.
Attachments:
Proposed Resolution
Agreement
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