HomeMy WebLinkAboutR-93-03737-03 372,
RESOLUTION NO. :) 111 -
A RESOLUTION, WITH ATTACHMENTS, ALLOCATING
$730,700 OF 1.9TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS PREVIOUSLY APPROPRIATED BY
ORDINANCE NO. 11-062, ADOPTED APRIL 15, 1993,
AS FOLLOWS: $52,250 TO JEWISH FAMILY
SERVICES, INC. FOR THE CITYWIDE SENIOR CRIME
WATCH PROGRAM; $25,000 TO TRI CITY COMMUNITY
ASSOCIATION, INC. FOR A HOME IMPROVEMENT
PROGRAM; $53,450 TO THE GREATER MIAMI YOUTH
SERVICES CORPS, INC. FOR A PUBLIC IMPROVEMENT
PROGRAM; $450,000 TO THE COCONUT GROVE FAMILY
HEALTH CENTER, INC. TO PURCHASE A FACILITY
FOR THE HEALTH CLINIC; AND $150,000 TO THE
BLACK ARCHIVES HISTORY AND RESEARCH
FOUNDATION OF' SOUTH FLORIDA, INC. FOR LYRIC
THEATRE REHABILITATION; FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE INDIVIDUAL
AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH THE AFOREMENTIONED AGENCIES.
WHEREAS, the City Commission adopted Resolution No. 93-2.22
on March 11, 1993, which authorized the City Manager to submit
the Final Statement for the proposed use of Nineteenth Year
Community Development Block Grant Funds to the U.S. Department of
Housing and Urban Development; and
WHEREAS, the Final Statement included an allocation of
$52,240 to Jewish Family Services, Inc. to provide home security
improvements for elderly low income residents of the City of
Miami; and
WHEREAS, the Final Statement included an allocation of
$25,000 to Tri City Community Association of Dade County, Inc. to
I TT CHMENT(S)
i CrjHTAINED
CITY CObDESSION
MEETING OF
J U N 2 9 1993
Resolution No.
93- 373
5
the 7�P. �n.i_Y and *� f � r.ai.rtt:i.rr�.� �,single famil-y hom,A= by t:1119
Agency's job training program participants; �3nd
WHEREAS, the Final Statement included an allocation of
$53,450 to the Greater Miami. Youth Service Corps, Inc. to assist
the Agency's program for at risk young adults who will undertake
physical improvement projects Citywide; and
WHEREAS, the Final Statement included an allocation of
$450,000 to the Coconut Grove Family Health Center, Inc. to
purchase a facility for the Agency's health center; and
WHEREAS, the Final Statement included an allocation of
$150,000 to the Black Archives History and Research Foundation of
South Florida, Inc. to assist in the restoration of the historic
Lyric Theatre in Overtown, specifically, improvements to the
Theatre building;
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. $730,700 of 19th Year Community Development
Block Grant Funds previously appropriated by Ordinance No. 11062,
adopted April 15, 1993, are hereby allocated as follows:
AGENCY/PROJECT AMOUNT
Jewish Family Services/ $ 52,250
Citywide Senior Crime Watch Program.
Tri City Community Association, Inc./ 25,000
Home Improvement Program
93- 373
no
coconli1.: [;t"r7tics F 9m.l.i �� f� ?ri.�.t. 'I 1 tl'.11 T
for lfra _t.h
Greater Miami Service Corps, Inc_
Black Archives i=iistory and Research
'
Foundation of South Florida, Inc./
Lyric Theatre Rehabilitation
1riCl,noo
53,450
150,000
Total Allocation $73Q 700—
Section 3. The City Manager is hereby authorized to execute
individual agreements with said agencies in substantially the
form attached,to implement their respective projects, subject to
the conditions and limitations contained herein and in the City
Code.
Section 4. This Resolution shall
immediately upon its adoption.
PASSED AND ADOPTED this _29th _ day of
CITY CLERK
C
REVIEW:
FRANK CA ANE , DIRECTOR
COMMUNI Y DEVELOPMENT DEPARTMENT
11INANCI EW:
Clitt..�' --
CARLOS GINW IA, DIRECTOR
DEPARTMENT OF FINANCE
APPROVED�AS T FORM AND CORRECTNESS:
N 0
CITY ATTO Y
M3629/AB is
-3-
become
J
XAVIER L.I S
effective
, 1993.
, MAYOR
BUDGETARY REVIEW:
R A, DIRECTOR
BUDGET h TMENT
PREPARED AND APPROVED BY:
ALBERTINE B. SMITH
CHIEF ASSISTANT CITY ATTY.
93- 373
CITY OF TILIAMT, FT,OP.T[?A
COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
THIS AGREEMENT entered into this day of __, _►
19between the City of M: imi, a municipal corporation of the
State of Florida,
hereinafter referred to as the "CITY"), and
a Florida not for profit
i
corporation, (hereinafter referred to as the "CONTRACTOR").
r FUNDING SOURCE: r�m„mu�t� tv DevelQ�mgr1�_lsZ�k Grant Fcui��-19th Year
TERM OF THE AGREEMENT: J-UJY 1 1993 t o��h June 3Q, 1994
1 AMOUNT: _ VENDOR NUMBER:
TAX IDENTIFICATION NO.: —
EXECUTIVE DIRECTOR _
AlYaESS:,
TEPHpt NO.:
THEREFORE, in consideration of the mutual covenants and
ob3ris�r ons herein set forth, the parties understand and agree as
2A.l6W �.
ARTICLE I
1.0 aAsT(_ REOUIREMEH.
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.
' 93- 373
Q(j
These items shall be in sufficient detail to provide a sound
basis for the CITY to effectively monitor performance by the
CONTRACTOR under this agreement.
1.3 Budget Summary, to include: completion of CONTRACTOR'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
program -generated revenues; copies of all subcontracts
and/or management services Agreements funded in whole or in
part under this Agreement (if applicable).
1.4 Certificate of Insurance which reflects CONTRACTOR'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, naming the City loss payee or additionally
insured), and other coverage as deemed necessary, 4f
applicable (i.e. automobile insurance).
1.5 CONTRACTOR's Corporate Seal (to be affixed to Signatory
Page, and Corporate Resolution).
-z-
93- 373
i <6 Copy- of CONTT-'ACTOP'c; -Article of Tnc;o.r.por^at,.i.on, Char gr and
Rylaws .
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 CONTRACTOR's internal
controls are adequate to safeguard the organization's
assets.
1.12 Copy of last Audit Report as performed by an independent
C.P.A.
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),
"H" (Monitoring and Reporting Progress Performance), "N"
(Property Management Standards), and "0 (Procurement
Standards), as modified by 24 CFR Part 570.502 (b),
"Applicability of Uniform Administrative Requirements," of
- 3 -
93- 373
t:hc� Community T?AtFQ]opm-nt P1nry (,7-IDt (( DPG) Prn*Ir'IM
ra 1ill.ationc, 'ri.na1. R1..J.Q, jP,(:I pr.(?vi.rlod ag T) �t,t:'ir-hmc?w- to
this Agreement (Attachment I)
1.16 Copy of last Income Tax Return (IRS Form 990).
ARTICLE II
2.0 RECUQa YQ BL—�.4 NA NED
2.1 CONTRACTOR shall establish and maintain sufficient records
to enable the CITY to determine whether. the CONTRACTOR 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 CONTRACTOR 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
4 - 93- 373
forth, by 24 CFP 7,-/ 0 , 3,
c:opy c)f a verij
a � 1) 1, - t: i f i (-n t- i n
person that his or her family income does not exceed
the applicable income limit established in -accordance
with 24 CFR 570.3; or the CONTRACTOR may substitute a
notice that the assisted person is a referral from a
state, to refer individuals it determines to be low and
moderate income persons based on 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
- 5 -
93- 373
570.208(a)(1.)(a.i);
( 3 ) ror nlch activity ripti?.i. TTt _ned to t?QT)E? c 1_I:, Ic)pt an(I
moderate income persons because the .acIT- iv.it:y
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
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
6 -
93- 373
hosisehold henri ) hnue appl i c?d f.o-r p. r# i.c .pnt.Acl i.n,
or bPnef i.ted from, arIy p)YOgram nr_ act i11i.i.y flInr;arf
in whole or in part with CDBG funds . Such
information shall be used only as a basis for
further investigation as to compliance is required
to attain or maintain any particular statistical
measure by race, ethnicity, or gender in covered
programs.
(2) Documentation of actions undertaken to meet the
requirements of 24 CFR 570.607(b) which implements
section 3 of the Housing Development Act of 1968,
as amended (12 U.S.C. 1701U) relative to the
hiring and training of low and moderate income
persons and the use of local businesses.
(d) Financial records, in accordance with the applicable
requirements listed in 24 CFR 570.502.
(e) Records required to be maintained in accordance with
other applicable laws and regulations set forth in
Subpart K of 24 CFR.
2.2 As a necessary part of this Agreement, the CONTRACTOR 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
i thirty (30) days after contract expiration.
B. Certified Independent Audit to be submitted ninety (90)
7
93- 373
days Rft:.P77 tbQ AQI?n ' fi_cr-,11. j'-A C 0 N T P A CT10P.
recea.v.i.ng moni-es from tl)e Department- (7)f. C(IMM,(;r)
Development must allocate in i-ts budget si-i f f ic i.ent
funds to secure an annual independent audit which must
include the expression of an opinion on the
Contractor's financial statements, and a compliance
letter stating whether the CONTRACTOR is in conformity
with federal grant regulations (Office of Management
and Budget Circular A-110 Attachment I). Said audit
must be submitted no later than ninety (90) days after
the expiration of the Community Based Organization
fiscal year. The City of Miami's Department of
Internal Audits and Reviews shall have the authority to
review CONTRACTOR's 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 Contractor at least
three (3) years for audit purposes.
ARTICLE III
3.0 PROCEDURES
3.1 DIME OF PERFORMANCE
The term of this Agreement shall be from July 1, 1993 to
June�30. 1994.
93- 373
h
CI.TX._AUTHOPUZATI N
3.i
cur ose of this F�q,_eernent:, t he C i.ty of tparn.
For the i p
hereinafter the
Department of Community Development (
"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 ENTT A,GF "—=NT
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 - T(;A GQNamc=
The CONTRACTOR shall carry out the services as prescribed in
its Work Program (Attachment II), 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.
3.5 P(iT T FS RahD PAOGEDfIRES MAN_U�L
and accepts the Policies and Procedures
CONTRACTOR is aware
Manual (Attachment III) for Community Based Organizations as
9 -
93-- 3'73
..11 ) f f 1.r":l a 1. rjn( 1a1;, nt, Wh i.C}l o1).t I i.TaPs thct f i g'`"ni_ ,
or _�lei-irh sriIi.d fc1cicJihl)a1,1.
regulate the day-to-day operations of the CONTRACTOR, which
is attached and incorporate herein and made a part of this
Agreement,
3.6 BNDZNG AND JN.(LRANC
CONTRACTOR shall maintain insurance and bonding coverages
acceptable to the CITY's Risk Management Division of the
Fire Department. Prior to commencing any activity under
this Agreement, the CONTRACTOR shall furnish to the CITY
certificates of insurance and bonding indicating that the
CONTRACTOR is in compliance with the provisions of this
article.
CONTRACTOR 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 maximum amount of cash
held at any one time. CITY shall be a primary
additional insured on all insurance policies and there
shall be no exclusions in such policies to override the
CITY coverage.
(c) Current liability insurance shall be rated by A.M.
Beat's as to "A" Classification and "V"' as to financial
- 10 -
93~ 373
Compliance
with the fore. going regiiir.emc�nt:s
s11all
nct
re1_ eve
tna
CONTRACTOR
of its liability and obligations
under
this
section
or
under any other section of. this Agreement.
3.7 kEVELO F $ 9Yl_CE
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 CONTRACTOR, 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 PROGHM REQUIREMENTS
(a) CONTRACTOR 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) CONTRACTOR shall not assume the CITY's environmental
responsibilities described at 24 CFR 570.604 of the
93- 373
CF)BG } r-r)gr,1m F-U13i.(DnP r 111d t 11P (: TTY ' c ty
for. Initiating t hp revia q find "r ot'd-r
12372 (Attachment 1).
MROMEWRVANT-1- M[Ki_MT__�___
Program income means gross income received by the CONTRACTOR
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 CONTRACTOR and shall by used to only undertake
those activities specifically approved by the CITY on the
Work Program. All provisions of this Agreement shall apply
to such activities. Any program income on hand when the
Agreement expires or received after such expiration shall be
paid to the CITY, as required by 24 CFR 570.503(b)(8) of the
CDBG Program regulation.
CONTRACTOR shall submit a Program Income Report on a monthly
basis along with the required monthly Work Program Status
Report. The Program Income Report will identify CDBG
activities in which income was derived and how income has
been utilized.
3.10 REPORTS,_ AUDITS AND EVALUATIONS
The CONTRACTOR shall comply with the Federal Directive
required by the U.S. Department of Housing and Urban
Development (USHUD) to document that program activities are
12
33- 373
ab el
cimti f:or t.}to ;,®ttaf � �. of 1c��•r i p r7�sri�� r�t_+a �.nrntnA t,�?t 5o�� .
In 3.ccot dnncP_ 'tii.th thQ CrDde of Feciar )I P;3gliJ.at:..inns 2 4 ("FR
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, CONTRACTOR shall transmit to CITY
written statements of CONTRACTOR's official policy on
specified issues relating to CONTRACTOR's activities. CITY
may carry out monitoring and evaluation activities,
including visits and observations by CITY staff; CONTRACTOR
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 FUBJ21 G
4.1 CQMPENSATION
A. CITY shall pay CONTRACTOR, as maximum compensation for
the services required pursuant to Article II hereof,
B. CITY shall have the right to review and audit the time
records and related records of CONTRACTOR pertaining to
any payments by CITY.
C. With a written request from GRANTEE, CITY may advance
93- 3"73
La
1 /61,h of the apprnprint:mri f11T1r4S tc7 ('cnt ��rte r.. The
advance shall he justified as follows! one-half. (1.12
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 CONTRACTOR is in default under this Agreement.
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
CONTRACTOR prior to submission. All reimbursements
must be in line -item form and be in accord with this
Agreement. All expenditures must be verified by
original invoice with a copy of the check which was
used to pay that specific invoice. Within 60 days of
submitting reimbursement request, copies of the
cancelled checks shall be submitted. In the event that
an invoice is paid by various funding sources, a copy
- 1,4 -
33- 373
F.
F.
G.
�;tt-sm t.i ed t�ttt:
rl7ndi,nq .c ) t�hp
ex acf: _
amollni: paid by
iTrir3_�la ("PC �f.�ilai..'t.n
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.
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
result in the refection for repayment of
may Y
those invoices within the reimbursement package which
do not meet this requirement.
CONTRACTOR 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 CONTRACTOR fails to comply, all rights to
payment are forfeited and the CITY shall not honor any
request submitted after the aforesaid agreed upon
period.
under this Agreement may be withheld
Any payment due
pending the receipt and approval by the CITY of all
reports due from the CONTRACTOR as a part of this
contract and any modifications thereto.
15 -
93- 373
. 2 TitI ,NC.I1L_>ACC- UNTABILITY
CITY reserves the r i_gh t to aiid i_t. the r gn-c r ds of
at any time during the performance of this Agreement and for
a period of three years after final payment is made under
this Agreement. CONTRACTOR 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 CONTRACTOR
are subject to reduction for overpayments on previously
submitted invoices.
4.3 E SURE OF FUM5
CITY shall reserve the right to recapture funds when the
CONTRACTOR 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 TINGENCY CLAUSE
Funding for this Agreement is contingent on the availability
of funds and continued authorization for program activities
and is subject to amendment or termination due to lack of
funds or authorization, reduction of funds, and/or change in
regulations.
4.5 SEPARATION OF CHURCH.ISTATS
In accordance with First Amendment Church/State principles,
CDBG assistance may not be used for religious activities or
- 16 -
93- 373
• r�l .t»aQ cant-.i ,..-As fc�_ 3n t
. . i �i
}' F` F
i
.,- aG �ii r_ect:erl }7y 2.'� �
including similar act-vities,
570.200{j)•
CONTRACTOR shall colr�ply with this pr.ovi.Gion
when entering into subcontracts -
ARTICLE V
5.0 �FrIF R�4U?
5.1 EmN.1ELCA-.
CONTRACTOR, shall pay on behalf of, and save CITY harmless
claim
from and against any and all .., liabilities, losses,
and
arise out of CUNTRACTOR's
causes of action which m
activities under this Agreement, including all other acts or
including any
omissions to act on the part of CONTRACTOR,
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, attorneys
fees, expenses, and liabilities incurred by
the CITY in the
defense of any such claims or in the investigation thereof.
5.2 AMFND •NT
No amendments to this Agreement shall be binding on either
in writing and signed by both parties•
party unless
5.3 ^�,*��ASHTp OF DOCU�
All documents developed by CONTRACTOR under this Agreement
shall be delivered to CITY by said CONTRACTOR upon
completion of the services required pursuant to this
P erty of CITY, without
Agreement and shall become the prop
restriction or limitation on its use. CONTRACTOR agrees
- 17 - 93- 373
that a i.1 documents rya _;nt.:ained and gen-ratP(i piir-usllt. t:.%-)
c:«nt..ract:t a.l t_pl at.. i c,n ^hi p t�o;_a�saan (-IT'; snO CC)NTPAC'TOP pha i
be subject to all pro,risions of the Public Records raw,
Chapter 119, Florida Statutes (Attachment I).
It is further understood by and between the parties that any
document which is given by CITY to CONTRACTOR pursuant to
this Agreement shall. at all time remain the property of CITY
and shall not be used by CONTRACTOR for any other purposes
whatsoever without the written consent of CITY.
CONTRACTOR 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.
5.5 NON-DELEGABILITY
The obligations undertaken by the CONTRACTOR 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.
5.5 CONSTRUCTION OF AGREEMENT
This Agreement shall be construed and enforced according to
the laws of the State of Florida.
93- 373
.7 QHLIGAT IQN,__TO.__R.ENEW
Upon explrat lon of the tprm of t.}li.p Agreement, CnWTPAC7'(-)P
agrees and understands that CITY has no obligation to renew
this Agreement.
5.8 -U—Z WC - I
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 CONTRACTOR, 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 CONTRACTOR
an amount in excess of the total sum provided by this
Agreement.
it is hereby understood by and between CITY and CONTRACTOR
that any payment made in accordance with this Section to
CONTRACTOR shall be made only if said CONTRACTOR is not in
default under the terms of this Agreement. If CONTRACTOR is
in default, then CITY shall in no way be obligated and
shall not pay to CONTRACTOR 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 CONTRACTOR fails to comply with any
term of this Agreement, or if the CITY deems it convenient
to terminate it.
- 19 - 93- 373
. ? RFVERS..1ON--.OF-A5_SETS =-
Upon expiration of this hqr-eempnt, the ('ONTPACTOR
transfer to the CITX 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
CONTRACTOR 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
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
value of the property less any portion thereof
attributable to expenditures of non-CDBG funds for - -
acquisition of, or improvements to, the property.
5.10 nNDITIONS
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 v
20 -
93- 373
pc?r ct)T? 1.l y 50T. ; 07 , i. f by
Tiny
afi
ter. re_ng postAcc,x the dat.P of ari i�al
receipt, whichever is earlier.
3500 Pan American Drive
Miami, Fla. 33133
H. Title and paragraph headings are for convenient
reference and are not a part of this Agreement.
C. In the event of conflict between the terms of this
Agreement and any terms or conditions contained in any
attached documents, the terms in this Agreement shall
control.
D. No waiver or breach of any provision of this Agreement
shall constitute a waiver of any subsequent breach of
the same or any other provision hereof, and no waiver
shall be effective unless made in writing.
E. Should any provisions, paragraphs, sentences, words or
phrases contained in this Agreement be determined by a
court of competent jurisdiction to be invalid, illegal
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
- 21 -
93- 373
t:-his FIST. �n
x'cbzr+a i_n ��mm�rl i f ,eT3nf� i.n
force and. effect.
TRACTOR and its employ
eeS and agents shall be deemed to
CON ees of
be independent contractors and not agents or employ
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
P ee of
Florida Worker's Compensation benefits and an employ
the CITY.
5.12^^ ^R S ��AcSTG S
�.
ties herein,
This Agreement shall be binding upon the par
their heirs, executors, legal representatives,
successors.
and assigns.
ARTICLE VI
6.0
CONTRACTOR certifies that:
It Possesses the legal authority to enter into this
A reement by way of a resolution, motion, or similar action
9
that has been duly adopted or passed as an official act of
the CONTR.ACTOR's governing body, authorizing the execution
of the Agreements including
all understandings and
assurances contained herein, and directing and authorizing
the person identified as the official representative of the
CONTRACTOR to act in connection with the Agreement and to
- 22 - 93-- 373
pr. ov i..r9e sTich ac1c3 i_t: nT)1.l. J of 0I-Tnat'. .CnT) as may be T-egia i_ rPd .
IN WITNESS WHE:RF,,OF, thg PIT-t-Jes heron, hi-Tve 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
CONTRACTOR:
, a Florida not for profit
corporation
CORPORATE SECRETARY PRESIDENT
SEAT.
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 CONTRACTOR including
but not limited to the provisions relating to default,
assurances, and certifications.
Dated this day of + 19931
, an individual By
- 23 -
93- 373
W T TN FS S #
Ny 9 R 4 6 - �sjp-qm%#W ljmmm�
SUJAN S. CHHABRA, DIRECTOR
RISK MANAGEMENT DEPARTMENT
APPROVED AS TO FORM AND CORRECTNESS:
A. QUINN JONES III
CITY ATTORNEY
indlv i rillo 1. ly
- 24 - 93- 373
a
INTER-OFFICIF MEMORANDUM
M The Honorable Mayor and rlembers L,r,rE ��'
of the City Commission F'LF
SUR.IEC,T on Resolutiallocating
$730,700 of 19th Year
Community Development
Block Grant Funds
rRors Ces Jio REFERENCES City Commission Agenda
City alter June 17, 1993
ENCLOSURES
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt the
attached resolution which allocates $730,700 of 19th Year
Community Development Block Grant funds as follows: $52,250 to
Jewish Family Services, Inc.; $25,000 to Tri-City Community
Association, Inc.; $53,450 to Greater Miami Youth Service Corps,
Inc., $450,000 to the Coconut Grove Family Health Center, Inc.
and $150,000 to the Black Archives History and Research Foundation
of South Florida, Inc., and further authorizes the City Manager to
execute individual agreements with each agency in substantially
the form attached.
BACKGROUND:
On March 11, 1993, the City Commission adopted legislation which
authorized the City Manager to submit the Final Statement of
Community Development Objectives and Projected Use of Funds for
the 19th Year to the U.S. Department of Housing and Urban
Development (USHUD). As a follow-up to this action, the
Department of Community Development has submitted the Final
Statement to USHUD.
The approved Final Statement includes allocations for the
following five (5) activities:
- $52,250 was allocated to Jewish Family Services, Inc., to
provide home security improvements for elderly low income
residents of the City of Miami. This on going project is
entitled the Citywide Senior Crime Watch Program.
- $25,000 was allocated to Tri-City Community Association of
Dade County to provide for the repair and painting of
single family homes by the agency's job training program
participants. This project is entitled Home Improvement
Program.
9 3 - 373
ri'h<_± Flnrtoz-%�I;1.A j�aYi,r- .'aTlcl r�em��,ar� -
of t1lr). city, Cr)mn?isGinn
- $53,450 was allocated to the Greater Miami_ Youth Service
Corps, Inc., to assist the Agency's program for at risk young
adults who will undertake physical improvement projects
citywide. This project is entitled the Greater Miami Service
Corp.
- $450,000 was allocated to the Coconut Grove Family Health
Center, Inc., to rehabilitate the Agency's new facility to
be acquired with a $1.1 million federal grant.
- $150,000 was allocated to the Black Archives History and
Research Foundation of South Florida, Inc., to assist in the
restoration of the historic Lyric Theatre in Overtown,
specifically, physical improvements to the Theatre building.
The project is entitled Lyric Theatre Rehabilitation.
Adoption of the proposed resolution allocates $730,700 of 19th
Year Community Development funds to the five (5) agencies as
outlined above, and authorizes the City Manager to execute
individual agreements with each Agency in substantially the form
attached.
Attachments:
Proposed Resolution
Agreement
� 93- 373