HomeMy WebLinkAboutR-93-0417J-93-457
7/8/93
i
93- 417
RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING
THE CITY MANAGER TO EXECUTE INDIVIDUAL
CONTRACTUAL AGREEMENTS, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH SEVEN (7) NEIGHBORHOOD
BASED HOUSING COMMUNITY DEVELOPMENT
CORPORATIONS (ALLAPATTAH BUSINESS DEVELOPMENT
AUTHORITY, CODEC, INC., LITTLE HAITI HOUSING
ASSOCIATION, EAST LITTLE HAVANA COMMUNITY
DEVELOPMENT CORPORATION, FLORIDA HOUSING
COOPERATIVE, INC., ST. JOHN COMMUNITY
DEVELOPMENT CORPORATION, AND TACOLCY ECONOMIC
DEVELOPMENT CORPORATION), FOR THE PURPOSE OF
UNDERTAKING ACTIVITIES TO STIMULATE THE
DEVELOPMENT OF HOUSING AFFORDABLE TO LOW AND
MODERATE INCOME FAMILIES AND INDIVIDUALS;
FURTHER, ALLOCATING FUNDS THEREFOR FROM
NINETEENTH YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM.
WHEREAS, there exists in the City of Miami a severe shortage
of housing within the affordability range of families and
individuals of low and moderate income; and
WHEREAS, the City Commission recognizes that participation
of both the public and private sector is necessary to foster the
development of housing within the affordability range of the
City's low and moderate income families and individuals; and
WHEREAS, the City Commission, through Resolution No. 93-263
approved the allocation of Nineteenth Year Community Development
Block Grant Program funding in the amount of $500,000 in
CITY COM OSSION
1MEETI2vG OF
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Resolution No.
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connection with the establishment of a Citywide Housing Community
Development Corporation (CDC's) Reserve Fund, for the purpose of
providing administrative support to those community based not -
for -profit housing corporations projects undertaking activities
to stimulate the development of housing affordable to the City's
low and moderate income families and individuals in the City; and
WHEREAS, the roles and responsibilities of the City of Miami
and the aforementioned community development corporations will be
set forth in contractual agreements, in substantially the
attached form;
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
execute seven (7) individual contractual agreements, in
substantially the attached form, with the following community
development corporations listed in Section 3, below, for the
amount and contract period specified for each, for the purpose of
undertaking activities to stimulate the development of housing
affordable to low and moderate income families and individuals in
the City of Miami, subject to approval of each corporation's work
program by the U.S. Department of Housing and Urban Development
(HUD).
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Section 3. Funding from the Nineteenth Year Community
Development Block Grant Program's Housing Community
Development
Corporation Reserve Fund, in the amount
of $500,000,
in addition
to
$40,000 from the Nineteenth Year Housing Rehabilitation Loan
Program budget, is hereby allocated for
the purpose of providing
an
administrative funding grant to the
following not -for -profit
4 community development corporations listed below:
1
CONTRACT
CONTRACT
COMMUNITY
1)
DEVELOPMENT CORPORATIONS
Allapattah Business Development
AMOUNT
$ 50,000
PERIOD
1 Year
Authority
2)
CODEC, Inc.
50,000
1 Year
3)
Little Haiti Housing Association
50,000
1 Year
4)
East Little Havana Community
50,000
1 Year
IDevelopment
Corporation
5)
Florida Housing Cooperative, Inc.
50,000
1 Year
i
r 6)
St. John Community Development
50,000
1 Year
Corporation
7)
Tacolcy Economic Development
50,000
1 Year
Corporation
Total $350,000
Section 2. This Resolution shall become effective
immediately upon its adoption.
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PASSED AND ADOPTED this 8th
COMMUNITY DEVE49PREN. EVIEW:
FRANK C ANED , ID RECTOR
COMMUNITY DEVELOPMENT DEPARTMENT
PREPARED AND APPROVED BY:
SEAN F. JONES
ASSISTANT CIT ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
A FUYJN JON , III
CITY ATTORN
7
SFJ:csk:M3714
ex A)
day of July , 1993.
VIER L. S AREZAYOR
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93- 417
CITY OF MIAMI, FLORIDA
HOUSING COMMUNITY DEVELOPMENT CORPORATION (CDC)
THIS AGREEMENT entered into this .. day of r,
19..., between the City of Miami, a municipal corporation of the
State of Florida, (hereinafter referred to as the "CITY"), and
a Florida not
for profit corporation, (hereinafter referred to as the
"SUBRECIPIENT").
FUNDING SOURCE:
TERM OF THE AGREEMENT:
AMOUNT: $
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
Development and Housing Conservation.
1.1 Corporate Resolution authorizing execution of this
Agreement.
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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
specifically describe the services to'be provided as
a result of the expenditures of CDBG funds. Where
appropriate it should list measurable objectives and
define the who, what, where and when; and in general
how these activities will ensure that the intended
beneficiaries will be served once the project is
fully completed.
1.2.2 The schedule of activities and measurable objectives
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 forms supplied by the CITY); budget for
program -generated revenues; copies of all subcontracts
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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
Department 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); flood insurance coverage if applicable; and
other coverage as deemed necessary, if applicable (i.e.
automobile insurance).
1.5 SUBRECIPIENT Corporate Seal (to be affixed to Signatory
Page, and Corporate Resolution).
1.6 Copy of SUBRECIPIENT 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.
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1.12 Copy of last Audit Report as performed by an independent
Certified Public Accountant 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 110" (Procurement
Standards), (OMB) Circular A-122 and A-21 "Cost Principles
for Non -Profit Organizations and Cost Principles for
Educational Institutions, as modified by 24 CFR Part
570.502(a)(b); "Applicability of Uniform Administrative
Requirements," of the Community Development Block Grant
(CDBG) Program regulations, Final Rule, and provided as an
attachment to this Agreement (Attachment I). Lead Base
Paint Regulations 24 CFR part 35.
1.16 Copy of last Income Tax Return (IRS Form 990).
ARTICLE II
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2.1 SUBRECIPIENT shall establish and maintain sufficient records
to enable thb 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
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a state, to refer individuals it determines to be low
and moderate income persons based on HUD Is criteria
and agrees to maintain documentation supporting these
determinations. Such records shall include the
following information (Attachment I).
(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 carried out for the purpose of
providing or improving housing which is determined
to benefit low and moderate income persons:
(i) A copy of a written agreement with each
landlord or developer receiving CDBG
assistance indicating the total number of
dwelling units in each multifamily structure
assisted and the number of those units which
will be occupied by low and moderate income
households after assistance;
(ii) The total cost of the activity, including
both CDBG and non-CDBG funds.
(iii) For each unit occupied by low and moderate
income household, the size and income of the
household;
(iv) For rental housing only:
(A) The rent charged (or to be charged)
after assistance for each dwelling unit
in each structure assisted; and
Iz�
(B) Such information as necessary to show
the affordability of units occupied (or
to be occupied) by low and moderate,
income households pursuant to criteria
established and made public by the
recipient;
(v) For each property acquired on which there are
no structures, evidence or commitments
ensuring that the criteria in 570.208(a)(3)
will be met when the structures are built;
and
(vi) Where applicable, records demonstrating that
the activity qualifies under the special
conditions at 570.208(a)(3)(i).
3. For each activity determined to aid in the
prevention or elimination of slums or blight based
on addressing one or more of the conditions which
qualified an area as a slum or blighted area;
(i) The boundaries of the area; and
(ii) A description of the conditions which
qualified the area at the time of its
designation in sufficient detail to
demonstrate how the area met the criteria in
570.208(b)(1).
4. For each residential rehabilitation activity
determined to aid in the prevention or elimination
of slums or blight in a slum or blighted area:
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(i) The local definition of "substandard";
(i'i) A pre -rehabilitation inspection report
describing the deficiencies in each
structure to be rehabilitated; and
(iii) Details and scope of CDBG assisted
rehabilitation, by structure '
5. For each activity determined to aid in the
prevention or elimination of slums and blight
based on the elimination of specific conditions of
blight or physical decay not located in a slum or
blighted area:
(i) A description of the specific condition of
blight or physical decay treated; and
(ii) For rehabilitated carried out under this
category, a description of the specific
conditions detrimental to public health and
safety which were identified and the details
and scope of the CDBG assisted
rehabilitation by structure.
6. For each activity determined to aid in the
prevention or elimination of slums and blight
based on addressing slums or blight in an urban
renewal area, a copy of the Urban Renewal Plan, as
in effect at the time the activity is carried out,
including maps on supporting documentation.
(i) Records which demonstrate compliance with 24
CFR 570.505 regarding any change of use of
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real property acquired or improved with CDBG
assistance.
Records which demonstrate compliance with
the requirements in 570.606 regarding
acquisition, displacement, relocation, and
replacement housing.
(iii) Fair housing and equal opportunity records
containing:
(A) Documentation of the actions the
recipient has carried out with its
Development and Housing Conservation
and other resources to remedy or
ameliorate any conditions limiting fair
housing choice in the recipient's
community, and documentation of any
other official actions the recipient
has taken which demonstrate its support
for fair housing, such as development
of a fair housing analysis described in
24 CFR 570.904(c).
(B) Data on the extent to which each racial
and ethnic group and single -headed
households (be gender of household
head) have appplied for, participated
in, or benefited from, any program or
activity funded in whole or in part
with CDBG funds. Such information
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shall be used only as a basis for
further investigation as to compliance
with nondiscrimination requirements..
No recipient is required to attain or
maintain any particular statistical
measure by race, ethnicity, or gender
in covered programs.
(C) Data on employment in each of the
recipients operating units funded in
whole or in part with CDBG funds, with
such data maintained in the categories
prescribed on the Equal Employment
Opportunity Commission's EEO-4 form;
and documentation of any actions
undertaken to assure equal employment
opportunities to all persons regardless
of race, color, national origin, sex or
handicap in operating units funded in
whole or in part under this part.
(D) Data indicating the race and ethnicity
of households (and gender of single
heads of households) displaced as a
result of CDBG funded activities,
together with the address and census
tract of the housing units to which
each displaced household relocated.
Such information shall be used only as
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a basis for further investigation as to
compliance with nondiscrimination
requirements. No recipient is required.
to attain or maintain any particular
statistical measure by race, ethnicity,
or gender in covered programs.
(E) 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.
(F) Data indicating the racial/ethnic
character of each business entity
receiving a contract or subcontract I of
$25,000 or more paid, or to be paid,
with CDBG funds, data indicating which
of those entities are women's business
enterprises as defined in Executive
Order 12138, the amount of the contract
or subcontract, and documentation of
recipient's affirmative steps to assure
that minority business and women's
business enterprises have an equal
opportunity to obtain or compete for
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contracts and subcontracts as sources
of supplies, equipment, construction
and services. Such affirmative steps
my include, but are not limited to,
technical assistance open to all
businesses but designdd to enhance
opportunities for these enterprises and
special outreach efforts to inform them
of contract opportunity. Such steps
shall not include preferring any
business in the award of any contract
or subcontract solely or in part on the
basis of race or gender.
(iv) Financial records, in accordance with the
applicable requirements listed in 24 CFR
570.502.
(v) Agreements and other records related to lump
BUM disbursements to private financial
institutions for financing rehabilitation as
prescribed in 24 CFR 570.513; and
(vi) Records required to be maintained in
accordance with other applicable law and
regulations set forth in Subpart K of 24 CFR.
2.2 As a necessary part of this Agreement, the SUBRECIPIENT
shall provide the following documents to the Department of
Development and Housing Conservation, in accordance with the
requirements of the Agreement:
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A. Final Expenditure Report to be submitted no later
thah thirty (30) days after contract expiration.
B. A Certified Independent Audit to be submitted a
hundred and twenty (120) days after the expiration
of the corporate fiscal year. SUBRECIPIENT
receiving monies from the Departmerit 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
results of its operations in accordance with
generally accepted accounting principles.
(2) The institution has an internal control
structure to provide reasonable assurance
that the institution is managing Federal
awards in compliance with applicable laws and
regulations that could have material impact
on the financial statements.
(3) The institution has complied with the laws
and regulations that may have a direct and
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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.
ARTICLE III
3.0 PROCEDURES
3.1 TIME OF PERFORMANCE
The term of this Agreement shall be from , to
3.2 CITY AUTHORIZATION
For the purpose of this Agreement, the City of Miami
Department of Development and Housing Conservation
(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
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forth in this Agreement are of no force or effect.
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 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.
3.4 OBLIGATION OF SUBRECIPIENT
The SUBRECIPIENT 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 Development and
Housing Conservation.
3.5. NON-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.
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Furthermore, that no otherwise qualified individual shall,
solely by reason of his/her race, sex, color, creed,
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 assistance.
3.6 gOLTCTES AND PROCEDURES MANUAL
SUBRECIPIENT is aware and accepts the Personnel Policies and
Procedures Manual (Attachment III) for Community Development
Block Grant SUBRECIPIENT 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.
3.7 BONDING AND.INSURANCE
SUBRECIPIENT shall maintain insurance and bonding coverages
acceptable to the CITY's Department of Risk Management.
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 Department of
Risk Management.
(b) Fidelity bonding for all persons handling funds
received or disbursed under this Agreement in an
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amount equal to or greater than the amount of the
City grant. City shall be named as Loss Payee.
(c) Current liability insurance shall be in amount of
not less than $500,000 General Aggregate which
shall include Fire liability. City shall be named
as Primary Additional Insured and thbre shall be no
exclusions in such policies to override the CITY
coverage.
(d) SUBRECIPIENT shall provide the CITY with proof of
Automobile Liability Coverage in an amount of not
less than $300,000 for each driver Bodily Injury
and Property Damage combined, if SUBRECIPIENT is to
be reimbursed for mileage by the CITY.
(e) The SUBRECIPIENT shall obtain Workers' Compensation
and Employers' Liability coverage as per statutory
requirements.
(f) Flood Insurance as required by the City, if
applicable.
Compliance with the foregoing requirements shall not relieve
the SUBRECIPIENT of its liability and obligations under this
section or under any other section of this Agreement.
3.8 LEVEL OF SERVICE
Should start-up time for a program be required or any delays
in service occur, the Department of Development and Housing
Conservation is to be notified in writing immediately,
giving all pertinent details and indicating when service
shall begin and/or continue.
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It is understood and agreed
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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 exiting 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.
3.9 QTHER PROGRAM REQUIREMENTS
(a) SUBRECIPIENT shall carry out its Work Program in
compliance with all Federal laws and regulations
described in Subpart K of the CDBG Program
regulation (24 CFR 570.600-612), (Attachment I).
(b) SUBRECIPIENT shall not assume the CITY's
environmental responsibilities described at 24 CFR
570.604 of the CDBG Program regulations, and the
CITY's responsibility for initiating the review
process under Executive Order 12372 (Attachment I).
(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.
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SUM
3.10 PROGRAM INCOME
Program income means gross income received by the
SUBRECIPIENT which has been directly generated via the use,
of CDBG funds. When such income is generated by an activity
that is only partially assisted with CDBG funds, the income
shall be prorated to reflect the percentage' of CDBG funds
used. Program income generated by CDBG funded activities
shall be retained by SUBRECIPIENT and shall by used to only
undertake those activities specifically approved by the CITY
on the Work Program. All provisions of this Agreement shall
apply to such activities. Any program income on hand when
the Agreement expires or received after such expiration
shall be paid to the CITY, as required by 24 CFR
570.503(b)(6) 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.
3.11 REPORTS, AUDITS AND EVALUATIONS
The SUBRECIPIENT shall comply with the Federal Directive
required by the U.S. Department of Housing and Urban
Development (USHUD) to document that program activities are
provided for the benefit of low to moderate income persons.
In accordance with the Code of Federal Regulations 24 CFR
Part 570,506, records shall be maintained for each activity
to determine that services benefit low and moderate income
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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
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 may 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
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 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. 4
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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
incurred only during the term of this Agreement, and
in compliance with the previously approved Line -Item
Budget. Such written request shall contain a
•statement declaring and affirming that all
expenditures were made in accordance with the
approved budget. All documentation in support of
such request shall be subject to approval by CITY at
the time the request is made and all invoices are
required to be paid by SUBRECIPIENT prior to
submission. All reimbursements must be in line -item
form and be in accord with this Agreement. All
expenditures must be verified by original invoice
with a copy of the check which was used to pay that
specific invoice. Within 60 days of invoice payment,
copies of the cancelled checks must 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. Two request for line -item
changes are allowable, with prior review and approval
by the CITY. All line -item changes must be made
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prior to the end of the term of the Agreement.
D. 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.
E. SUBRECIPIENT must submit the final request for
payment to the CITY within K 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.
4.2 FINANCIAL ACCOUNTABILITY
CITY reserves the right to audit the records of SUBRECIPIENT
at any time during the performance of this Agreement and for
a period of three years after final payment is made under
this Agreement. SUBRECIPIENT agrees to provide all
financial and other applicable records and documentation of
services to CITY. Any payment made shall be subject to
reduction for amounts included in the related invoice which
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are found by CITY, on the basis of such audit, not to
constitute dllowable 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 RELOCATION, ACQUISITION AND DISPLACEMENT
The SUBRECIPIENT agrees to comply with 24 CFR 570.606 in
addition to City of Miami Ordinances and Resolutions and
City policies in relation to the acquisition and disposition
of all real property utilizing grant funds, and to the
displacement of persons, businesses, non-profit
organizations occuring as a direct result of any acquisition
or real property utilizing grant funds.
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,
CDBG assistance may not be used for religious activities or
provided to primarily religious entities for any activities,
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I
;IN
including similar activities, as directed by 24 CFR
570.200(j). - SUBRECIPIENT shall comply with this provision
when entering into subcontracts.
ARTICLE V
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.
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
-24- 9 3 - 417
be subject to all provisions of the Public Records Law,
Chapter 119,'Florida Statutes.
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
contingent upon or resulting from the award' of this
Agreement.
5.5 NON -DEL EGABILITY
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. CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person under its employ
who presently exercise any functions or responsibilities in
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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 bd 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 is shall fully comply
in all respects with the terms of said laws.
5.7 OBLIGATION TO RENEW
Upon expiration of the term of this Agreement, SUBRECIPIENT
agrees and understands that CITY has no obligation to renew
this Agreement.
5.8 TERMINATION OF CONTRACT
CITY retains the right to terminate this Agreement at any
time prior to the completion of the services required
pursuant to this Agreement without penalty to CITY. In that
event, notice of termination of this Agreement shall be in
writing to SUBRECIPIENT, who shall be paid for those
services performed prior to the date of its receipt to the
notice of termination. In no case, however, shall CITY pay
SUBRECIPIENT an amount in excess of the total sum provided
by this Agreement.
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14)
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.
5.9. t3EMEDIES 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 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) make other remedies that may be legally available.
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5.10 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 br 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
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.
5.11 SALE Or PROPERTY DISPOSITION, RETENTION AND TRANSFER OF
TITLE
A. Title - Subject to the obligations and conditions set
forth in this section. Title to real property
acquired under a grant or subgrant will vest upon
acquisition in the SUBRECIPIENT or RECIPIENT
respectively as stated in 24 CFR part 85.
B. Use - Except as otherwise provided by Federal
statutes, real property will be used for the
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still active, the net proceeds from sale may be
offset against the original cost of the
property. When the SUBRECIPIENT is directed to
sell property, sales procedures shall be
followed that provide for competition to the
extent practicable and result fn 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
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.
5.12 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 }py', 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
Herbert J. Bailey
Dept. of Development and SUBRECIPIENT Name
Housing Conservation Address
300 Biscayne Blvd. Way, #401 City, State Zip Code
Miami, Florida 33131
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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
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.
5.13 INDEPENDENT CONTEACTOR (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
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rights generally afforded classified or unclassified
employees; farther, they shall not be deemed entitled to the
Florida Worker's Compensation benefits and an employee of.
the CITY.
5.14 SUCCESSORS 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
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 CESAR H. ODIO
CITY CLERK CITY MANAGER
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ATTEST:
CORPORATE SECRETARY
WITNESS:
APPROVED AS TO
INSURANCE REQUIREMENTS:
SUJAN S. CHHABRA, DIRECTOR
RISK MANAGEMENT DEPARTMENT
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SUBRECIPIENT:
ADDRESS
CITY STATE ZIP
PRESIDENT
SEAL
APPROVED AS TO FORM AND
CORRECTNESS:
A. QUINN JONES, III
CITY ATTORNEY
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and DATE
Members of the City Commission
SUBJECT
FROM : Cesa to
City ger
Izookem.y.w
REFERENCES:
ENCLOSURES
17
JUN Z 81953 FILE :
Resolution Authorizing
Execution of Agreements
Between City and Community
Development Corporations
(CDCs)
City Commission Agenda
Item - July 8, 1993
It is respectfully recommended that the City Commission adopt the
attached resolution authorizing the City Manager to execute
individual contractual Agreements with the Allapattah Business
Development Authority, East Little Havana Community Development
Corporation, Florida Housing Cooperative, Inc., Little Haiti
Housing Association, CODEC, Inc., Greater Miami Neighborhoods,
Inc., St. John Community Development Corporation, Tacolcy
Economic Development Corporation, Model Housing Cooperative, Inc.
and the Wynwood Community Economic Development Corporation, in
furtherance of their efforts to stimulate the development of
housing affordable to low and moderate income families and
individuals in the City of Miami. The attached resolution
further directs the City Manager to disburse funding in the
amounts stated in Section 3 of the attached resolution, from 19th
Year Community Development Block Grant Program funds, to the
aforementioned neighborhood based community development
corporations, for the purpose of undertaking housing related
activities in the City.
On April 15, 1993, the City Commission, through Resolution No.
93-263, authorized the City Manager to submit the City's approved
Grant Program Financial Statement to the U.S. Department of
Housing and Urban Development, in connection with the City's
request for funding in the amount of $12,571,000 for
implementation of the City's proposed Community Development Block
Grant Program (CDBG) during Fiscal Year 1993-1994.
During this year's Community Development Block Grant Program
planning process, the CDBG Advisory Board and Community
Development Department staff recommended that a Housing Community
93- 41'7
Honorable Mayor and
Members of the City Commission
Page 2
Development Corporation (CDCs) Reserve Fund in the amount of
$500,000 be established to provide administrative funds for those
Community Development Corporations (CDCs) engaged in housing
related activities in the City of Miami.
Presently, nine (9) community development corporations are
receiving administrative funding through the CDBG Program. Seven
(7) of the CDC's are presently receiving administrative funding
at a level -.>f $50,000 each, which include the Allapattah Business
Development Authority, CODEC, East Little Havana CDC, Tacolcy
Economic Development Corporation, Florida Housing Cooperative,
Inc., St. John Community Development Corporation and the Li,.tle
Haiti Housing Association. Only the Wynwood Community Economic
Development Corporation which was allocated $75,000, and Greater
Miami Neighborhoods (GMN) which was allocated $100,000, received
administrative funding at a higher level. GMN is not your
standard community based organization, since it provides project
development and technical assistance to other non-profit housing
organizations involved in the development of neighborhood housing
projects.
Staff is recommending that administrative funding be provided to
the eight (8) CDC's presently receiving CDBG funding for
undertaking housing related activities for specific housing
projects which are being planned throughout the City at a level
of $50,000 each. Only Greater Miami Neighborhoods, Inc., is
being recommended for funding at $100,000.
The CDBG Advisory Board and Community Development Department
staff agreed on no funding for the Allapattah Business
Development Authority (project funding), Coconut Grove Local
Development Corporation (project funding), Little Haiti Task
Force (project funding) and Model Housing Cooperative, Inc.
(administrative funding).
The Department of Development and Housing Conservation presently
recommends the provision of $40,000 in administrative funding to
Model Housing Cooperative, Inc. in view of their efforts to
facilitate the establishment of cooperative housing units in the
City. The additional $40,000 to fund the aforementioned not -for -
profit corporation would be made available from the Department's
Housing Rehabilitation Loan Program budget for the 19th Year
Community Development Block Grant Program.
City Commission ratification of the attached resolution is
recommended.
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