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HomeMy WebLinkAboutR-93-0276J- 93-316 4/21/93 RESOLUTION NO. 9 3- 276 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH COCONUT GROVE CEMETERY ASSOCIATION, INCORPORATED, A FLORIDA NON PROFIT CORPORATION, TO PROVIDE A GRANT IN THE AMOUNT OF $500000 FOR THE CONSTRUCTION AND SUPERVISION OF A CORAL ROCK WALL AND THE INSTALLATION OF AN IRON SECURITY GATE AT THE COCONUT GROVE AND FRANKLIN AVENUE CEMETERY LOCATED AT 3670 CHARLES AVENUE (REAR ENTRANCE), COCONUT GROVE, FLORIDA, WHEREAS, the City Commission is committed to physical improvement projects in the City's eight (8) target areas; and WHEREAS, pursuant to Resolution No. 92-190.1, adopted March 12, 1992, the City Commission approved an allocation of $50,000 from the 18th Year Community Development Block Grant Program to the Coconut Grove/Franklin Avenue Cemetery; and WHEREAS, the Coconut Grove Cemetery Association, Incorporated, a non profit corporation, will construct a coral rock wall and install an iron gate at the Coconut Grove/Franklin Avenue Cemetery, located at 3670 Charles Avenue (rear entrance); and WHEREAS, the Coconut Grove residents will be the direct beneficiaries since the iron security gate and coral rock wall 'AiiACHMENT (S)I CONTAINED cm. CO g mama OF MAY 13 19M 0 will provide added security to the Coconut Grove/Franklin Avenue Cemetery; and WHEREAS, funding in the amount of $50,000 is available from the Eighteenth (18th) Year Community Development Klock Grant Program; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized!/ to enter into an agreement, in substantially the attached form, with the Coconut Grove Cemetery Association, Incorporated, a Florida non profit corporation, to provide a grant in the amount of $50,000 for the construction and supervision of a coral rock wall and installation of a security gate at the Coconut Grove and Franklin Avenue Cemetery, located at 3670 Charles Avenue (rear entrance), Coconut Grove, Florida. Section 3. Funds for this project are hereby allocated from the Eighteenth (18th) Year Community Development Block Grant Program. Section 4. This Resolution shall become effective immediately upon its adoption. l� The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. -2- PASSED AND ADOPTED thig 13th day of ATT MA LRIRAI CITY CLERK BUDGETARY REVIEW: MANORAR S. SURANA ASSISTANT CITY MAMA R FINANCE REVIEW: ZV04,C-; --- C GA IA, DIRECTOR DEPARTMENT OF FINANCE PREPARED AND APPROVED BY: ALBERTINE B. SMITH CHIEF ASSISTANT CITY ATTORNEY XAVIER COMMUNITY FRANK DEPAR' APPROVED AS TO FORM AND CORRECTNESS: A. QUUN J/OVkS, III CITY ATTOlr ABS:osk:M3584 -3- , 1093, MA EV IEW: N DIRECTOR OF COMMUNITY DEVELOPL 93- 2'7S CITY OF MIAM1, FL,ORiDA THIS AGREEMENT entered into this daffy of 19� between the City' of Miami, a municipal corporation of the State of Florida, (hereinafter referred to as the "CITY"), and COCONUT GROVE CEMETERY ASSOCIATION, INCORPORATED a Florida not for profit corporation, (hereinafter referred to as the "SUBRECIPIENT"). FUNDING SOURCE: 18TH YEAR CDBG PROGRAM TERM OF THE AGREEMENT: ONE YEAR AMOUNT: $ 50, 000.00 TAX IDENTIFICATION NO.: EXECUTIVE DIRECTOR: MR. TUCKER GIBBS AGENCY ADDRESS: 3820 BAYSIDE COURT, COCONUT GROVE, FLORIDA 33133 PROJECT ADDRESS: 3670 CHARLES AVENUE (REAR ENTRANCE) TELEPHONE NO.: 344-1013 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. 1.2 The work Program submitted by the SUBRBCIPIENT 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 and quantify 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. 1.2.1a WORK PROGRAM/SCOPE OF SERVICES The Coconut Grove Cemetery Association, Incorporated will be responsible for S the construction of a coral rock wall to code specifications and the installation of an iron security gate as indicated in the architectural survey and drawings. The project site is located at 367G Charles Avenue (rear entrance). The SUBRECIPIENT will select the lowest and most qualified bid from a licensed insured and bonded CONTRACTOR through a competitive bidding process, (3 bids minimum) so as to ensure federal compliance. The SUBRECIPIENT will also provides the City with a monthly status report of the project progress. -2 - 1.9.9 the achedule of activities and treasurable objectives plays an essential role in the grant management system. The schedule should provide projected milestones and deadlines for accomplishment of tasks, on the delivery of services. These projected milestones and deadlines are a basis for measuring actual progress during the term of the agreement. These items shall be in sufficient detail to provide a sound basis for the CITY to effectively monitor performance by the SUBRECIPIENT under this agreement. - 1.3 Budget Summary, to include: completion of SUBRECIPIENT Program/Line-Item Budget/Expenditure Justification, Total Actual and Projected Funds Disclosure, and Staff Salaries Schedule (on forays supplied by the CITY); budget for 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 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 fundsunderthis Agreement); flood insurance coverage if applicable; and other coverage as deemed necessary, if applicable (i.e. automobile insurances). -3- 1.5 SUDRECIPIENT Corporate Seal (to be affixed to Signatory Page, and Corporate Resolution). 1.6 Copy of SUBRECIPI•ENT 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 on the SUBRECIPIENT internal control and compliance with laws and regulations which adequately safeguard the agencies assets as per OMB Circular A-133. x 1.12 Copy of last Audit Report as performed by an independent Certified Public Accountant in accordance with OMB Circular -1 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-110, Attachments "A" (Cash Depositaries), "B" (Bonding and - Insurance), "C" (Retention and Custodial Requirements for Records), "F" (Standards for Financial Management Systems), -a "H" (Monitoring and Reporting Progress Performance), "N" i ,a (Property Management Standards), and hOn (Procurement Standards), a$ modified by 24 CFR Part 5M 502 (b), "Applicability of Uniform Administrative Requirements#" of the Community Development Block Grant (CDBG) Program. 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 following records are needed: (a) Records providing a full description of ei h 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. (L/M Income Area Benefit) t 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: —5— x. a 9 3 276 { rt r A. B. 5; Final titpenditur°e Report to be submitted no liter than thirty (30) days after contract expiration. A Certified Independent Audit to be submitted a hundred and twenty (120) days after the expirstioh of the corporate fiscal year. SUBRCCIPIENT receiving monies from the Department of Community Development must allocate in its budget sufficient funds to secure an annual independent audit which must include the expression of an opinion on the SUBRECIPIENT financial statements, and a compliance letter stating whether the SUBRECIPIENT is in conformity with federal grant regulations: SUBRECIPIENT shall have an 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 It f resu a o 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 r —6— Material effect on its financial statements amounts and in each Major Federal programs. The City' Staff shall have the authority to review SUBRECIFIENT records, including programmatic records and books of account► for a period of up to three (3) years from the termination date of the Agreement. All books of account and supporting documentation should be kept by the SUBRECIPIENT at least three (3) years for audit purposes. ARTICLE III 3.0 PROCEDURES 3.1 TIME OF PERFORMANCE The term of this Agreement shall be from July 1, 1993,`'!o June 30, 1994. 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 j 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, N promises, negotiations, or representations not expressly set forth in thin Agreement are of no force or effect, —7— Furthermore, Should any provisions, paragraphs, sentences, words or phrases contained in this Agreement be determined by a court of competent ,jurisdiction to be invalid, illegal, or otherwise unenforceable under the laws of the State or Florida or the City of Miami, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. 3.4 OBLIGATION OF SUBRECIPIENT The SUBRECIPIENT shall carry out the services in accordadie 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. 3.4.1NON-DISCRIMINATION: The SUBRECIPIENT agrees that it shall not discriminate as to race, sex, color, creed, national origin, or handicap in connection with its performance under this Agreement. Furthermore, that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, oreed, national origin, or handicap, be excluded from the participation in, be denied, benefits of, or be subjected to discrimination under any program or activity receiving federal financial basistance. -8- 3.6 BONDING AND INSUNANCE SUBRECIPIENT shall maintain insurance and bonding coverages acceptable to the CITY's 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 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 Risk Management Division of the Personnel Management Department. (b) Fidelity bonding for all persons handling funds received or disbursed under this Agreement in an amount equal to or greater than the amount of the City grant. City shall be named as Loss Payee. (a) Current liability insurance shall be in amount of not less than $500,000 General Aggregate which shall include Fire Legal. 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 Automotoile Liability Coverage in an amount of not less than $1009000 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 requirement. (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 3.8 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. OTHER PROGRAM REQUIREMENTS (a) SUBRECIPIENT shall comply with its obligations as described in 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). —10- 93- 2'76 ; (b) SUBRECIPIENT shall not assume the CITY Is 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. (a) 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. 3.10 REPORTS, AUDITS AND EVALUATIONS The SUBRECIPIENT shall comply with the Federal Directive required by the U.S. Department of Housing and Urban Development (U.S. HUD) to document that program activities are provided for the benefit of low to moderate income persons. In accordance with the Code of Federal Regulations 24 CFR Part 570.506, records shall be maintained for each activity to determine that services benefit low and moderate income persons. At the request of CITY, SUBRECIPIENT shall transmit to CITY written statements of SUBRECIPIENT official policy on specified issues relating to SUBRECIPIENT activities. The SUBRECIPIENT shall submit monthly and or quarterly progress reports, MBO reports, schedules, and any other reports and documentation as the City deems necessary and which will —i l- 93- 2,76 reflect the status of objectives and program activities accomplished thus far, in addition to budget changes and costs expended during the reporting period. SUBRECIPIENT shall ensure the cooperation of its employees and Board members in such efforts. The City staff tnny conduct monitoring visits monthly, quarterly, or at random at anytime. Any inconsistent, incomplete, or inadequate Information either received by the CITY or obtained through monitoring and evaluation by the CITY, shall constitute good causes for the CITY to terminate this Agreement at any time thereafter. ARTICLE IY 4.0 FUNDING 4.1 GRANT DISBURSE14ENT A. CITY shall disburse to SUBRECIPIENT, $50,000 for the services provided during the term of this agreement. The CITY shall compensate the SUBRECIPIENT for all expenditures made in accordance with the schedule set forth in the budget which is attached hereto and made a part hereof. B. CITY shall have the right to review and audit the time records and related records of SUBRECIPIENT pertaining to any payments by CITY. C. All payments shall be reimbursements for expenditures ineurred'only during the term of this Agreement,' and in compliance with the previously approved' Line -Item Budget. Such written request shall contain' a -Y2- 93w ,1 D, statement declaring and affirming that all expenditures were made in accordance with the approved budget. All documentation in support of such request shall be subject to approval by CITY at the time the request is made and all invoices are required to be paid by SUBRECIPIENT prior to submission. All reimbursements must be in line -item form and be in accord with this Agreement. All expenditures must be verified by original invoice with a copy of the check which was used to pay that specific invoice. Within 60 days of invoice payment, copies of the cancelled checks must be submitted, kn the event that an invoice is paid by various funding sources, a copy of the invoice may be submitted but must indicate the exact amount paid by various funding sources equaling the total of the invoice. No miscellaneous categories shall be accepted as a line item in the budget. Two request for line -item changes are allowable, with prior review and approval by the CITY. All line -item changes must be made prior to the end of the term of the Agreement. Requests for payment should be made approximately on a monthly basis. Reimbursement requests should be submitted to the CITY within thirty (30) calendar days after the indebtedness has been incurred. Failure to comply may result in the rejection for repayment of those invoices within the reimbursement, package which do.not meet this requirement. -13- E, SUBRECIPIENT must submit the final request for payment to the CITY within 30 calendar days following the expiration date or termination date of this Agreement. If the SUBRECIPIENT fails to comply, all rights to payment are forfeited and the CITY shall not honor any request submitted after the aforesaid agreed upon period, F. Any payment due under this Agreement may be withheld pending the receipt and approval by the CITY of all reports due from the SUBRECIPIENT as a part of this contract and any modifications thereto. 4.3 FINANCIAL ACCOUNTABILITY CITY reserves the right to audit the records of SUBRECIPIENT at any time during the performance o-f this Agreement and for a period of three years after final payment is made under this Agreement. SUBRECIPIENT agrees to provide all financial and other applicable records and documentation of services to CITY. Any payment made shall be subject to reduction for amounts included in the related invoice which are found by CITY, on the basis of such audit, not to constitute allowable expenditures. Any payments made to SUBRECIPIENT are subject to reduction for overpayments on previously submitted invoices. 4.4 RECAPTURE OF FUNDS CITY shall reserve the right to recapture funds when the - SUBRECIPIENT shall fail (1) to comply with the terms ofthis Agreement or (10 to accept conditions imposed by CITY at the direction of the federal, state and local agencies. 11 4 5 CONTINGENCY CLAUSE Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack of funds or authorization, reduction of funds, and/or change in regulations. 4.6 SEPARATION OF CHURCH/STATE In accordance with First Amendment Church/State principles, CUBG assistance may not be used for religious activities or provided to primarily religious entities for any activities, including similar activities, as directed by 24 CPR 570.200(1). SUBRECIPIENT shall comply with this provisiop when entering into subcontracts. ARTICLE V 5.0 GENENAL REQUIREMENTS 5.1 INDEMNIFICATION SUBRECIPIENT, shall pay on behalf of, and save CITY harmless from and against any and all claims, liabilities, losses, and causes of action which may arise out of SUBRECIPIENT activities under this Agreement, including all other acts or omissions to act on the part of 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 fees, expenses, and liabilities incurred by the CITY in the defense of any such claims or in the investigation thereof. _Is- 93- s 5.2 AMENDMENTS No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. 5.3 OWNERSHIP �OF.DOCUMENTS All documents developed by SUBRECIPIENT under this Agreement shall be delivered to CITY by said SUBRECIPIENT upon completion of the services required pursuant to this Agreement and shall become the property of CITY, without restriction or limitation on its use. SUBRECIPIENT agrees that all documents maintained and generated pursuant to this contractual relationship between CITY and SUBRECIPIENT shall be subject to all provisions of the Public Records Laws 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 OE' 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 contingent upon or resulting from the award of this Agreement. —16— 5.5 N044EL99ABILITY 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. 5.6.1CONPLICT 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) the State of Florida* C. D. B. G. Conflict of Interest Regulations - 24 CFR 570.611 and agrees that it shall fully comply in all respects with the terms of said laws. ;.f AM 5.7 OBLIGATION TO -RENEW Upon a Westton of the term of this Agreement, SUBRECIPIENT agrees and unders-tands 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. —,s— 93-- 276 r t f 5.8.1.REMEDIES.FOR NONCOMPLIANCE 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 CPR 85.43). (1) Temporarily withhold cash payments pending correction of the deficiency by the SUBRECIPIENT 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 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 excebs of $25,000 shall be either: A. Used to meet one of the three (3) CDBG National Objectives set forth by 24 CPR 570.208 of the CDBG y Program regulations, until five (5) years after i 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 value of the property less any portion thereof attributable to expenditures of non-CDBG funds for acquisition 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 up6h acquisition in the SUBRECIPIENT respectively as stated in 24 CFR part 85. B. Use - Except as otherwise provided by Federal statutes, real property will be used for the originally authorized purposes as long as needed for - that purposes, and the SUBRECIPIENT shall not dispose - of or encumber its title or other interests. C. Disposition - When real property is no longer needed - for the originally authorized purpose, the SUBRECIPIENT will request disposition instructions - from the CITY. The instructions will -provide for one of the following alternatives: -20- r I i s (1) Retention of Title; retain title after compensating the CITY. The amount paid to the 1 CITY will be computed by applying the CITY'S percentage of participation in the cost of the i 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. _j (2) Sale of Property; sell the property ai;3 compensate the CITY. The amount due to the CITY will be calculated by applying the CITY'S percentage of participation in the cost of the original purchase to the proceeds of the sale after deduction of any actual and reasonable selling and fixing -up expenses. If the grant is still active, the net proceeds from sale may be offset against the original cost of the property. When the SUBRECIPIENT is directed to 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 calculated by applying the SUBRECIPIEW 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'b'e 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 Coconut Grove Cemetery Association, Inc. 3500 Pan.American Drive 3820 Bayside Court Miami, FL. 33133 Miami, FL. 33133 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. -22- Alk D. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. E. Should any provisions, paragraphs, sentences, words or phrases contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severable, and'in ■' either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. 5.11 INDEPENDENT SUBRECIPIENT SUBRECIPIENT and its employees and agents shall be deemed to. be independent SUBRECIPIENT and not agents or employees of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY or any rights generally afforded classified or unclassified employees; further, they shall not be deemed entitled to the Florida Worker's Compensation benefits and an employee of the CITY. F 5.12 9U0CE3SORS_AND ASSIGNS This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. ARTICLE VI 6.0 SUBRECIPIENT CERTIFICATIONS SUBRECIPIENT certifies that: It possesses the legal authority to enter into this Agreement by way of a resolution, motion, or similar action that has been duly adopted or passed as an official act of the SUBRECIPIENT governing body, authorizing the execution of the Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the SUBRECIPIENT to act in connection with the Agreement and to provide such additional information as may be required. IN WITNESS WHEREOF, the parties hereto have caused this 4 1 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: NATTY HIRAI CESAR H. ODIO CITY CLERK CITY MANAGER s g 5 N! d F CITY OF MIAMI. FLORIDA +� INT�a.nrer.•+� ..- } f s, COCONUT GROVE CEMETERY ASSOCIATION r INCORPORATED ATTEST; 3820 BAYS] COURT MIAMI, FLGRIDA 33�33 CORPORATE CRE SETARY WITNESS: APPROVED AS TO INSURANCE REQUIREMENTS: CHHABRAr DIRECTOR SUJAN S• RISK MANAGEMENT DEPARTMENT pRESIDENT SEAL APPROVED AS To LEGAL FORM AND CORRECTNESS! AQUINN JOKES, III C G(. CITY ATTORNEY } y7 yt nk +n CITY OF MIAMI, FLORIOA INTER -OFFICE MEMORANDUM CA 5 TO : The Honorable Mayor and Members DATE : May 3, 1993 FILE of a ty Commission s SUBJECT : Resolution approving an E.+ agreement with Coconut Grove Cemetery Association FROM : Ce r H. Odio REFERENCES City Manager ENCLOSURES: RECOMMENDATION It is respectfully recommended that the City Commission approve the attached Resolution authorizing the City Manager to enter into an agreement, in substantially the attached form, with the Coconut Grove Cemetery Association, Inc. (CGCAI), a Florida not -for -profit corporation. The agreement will provide CGCAI a grant in the amount of $50,000 for the construction and supervision of a coral rock wall and the installation of an iron security gate at the Coconut Grove and Franklin Avenue Cemetery located at 3670 Charles Avenue (rear entrance). Funds for this purpose are to be allocated from the Eighteenth (18th) Year Community Development Block Grant Program. BACKGROUND The Department of Community Development is requesting that the City Commission approve the attached Resolution in order for the CGCAI to prepare the proper specifications to select, through a competitive bidding process, the lowest and most qualified licensed, insured and bonded contractor. The CGCAI will provide the Department of Community Development with monthly status reports as to the progress of the project to ensure compliance with federal regulations for CDBG projects.