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HomeMy WebLinkAboutR-93-0461J-93-373 ' 7/8/93 93- 461 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENT(S), ALLOCATING $335,122 OF NINETEENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 10062, ADOPTED APRIL 15, 1993, TO PREVIOUSLY NAMED SOCIAL SERVICE AGENCIES FOR APPROVED SOCIAL SERVICE PROJECTS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID AGENCIES FOR SAID PROJECTS. WHEREAS, the City Commission adopted Resolution No. 93-263 on April 15, 1993, which identified public service projects for the City Manager to include 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 $1,885,650 from the public service portion of the grant to private nonprofit agencies to provide twenty-four (24) social service projects; and WHEREAS, at its meeting of July 8, 1993, pursuant to Resolution No. 93-461, the City Commission approved the allocation of two -twelfths (2/12ths) of the anticipated funding and directed that the City Manager bring back legislation for the remainder of the funding in September; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: cm COMUSS1431 MEETING OF JUL 0 8 1993 RMA"fif 93- 461 , 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 amount of $335,122 of Nineteenth Year Community Development Block Grant Funds, previously appropriated i by Ordinance No. 10062, adopted April 15, 1993, is hereby allocated as specified below: AGENCY/PROJECT ALLOCATION Action Community Center, Inc. $ 51,417 Citywide Transportation Allapattah Community Action, Inc. 44,761 Allapattah Elderly Program Alternative Programs, Inc. 7,420 Alternative to Incarceration Association for the Useful Aged, Inc. 8,320 Assistance to the Elderly Better Way of Miami, Inc. 1,643 Better Way of Miami Catholic Community Services, Inc. 10,350 Centro Mater Childcare Catholic Community Services, Inc. 7,836 L.H. Community Center Childcare Catholic Community Services, Inc. 3,105 Notre Dame Day Care Catholic Community Services, Inc. 3,696 San Juan de Puerto Rico Day Care and Neighborhood Center Cure Aids Now, Inc. 4,880 Home Delivered Meals to AIDS Patients DeHostos Senior Center Inc. 32,399 Wynwood Elderly Services First United Methodist Church, Inc. 2,567 Downtown Elderly Hot Meals Programs Haitian American Civic Association, Inc. 11,203 Haitian American Civic Association -2 93- 461 AGENCY/PROJECT Haitian American Community Association ALLOCATION 8,283 of Dade County, Inc. Haitian Social Services Program James E. Scott Community Assoc., Inc. 16,798 Citywide Elderly Hot Meals KIDCO, Inc. 14,786 Wynwood Day Care Lions Home for the Blind Foundation 7,270 Z.H. Assistance to the Blind Little Havana Activities and Nutrition 43,988 Centers, Inc. Elderly Hot Meals Miami Coalition for the Homeless 3,768 Homeless Feeding Project Miami Jewish Home and Hospital for 4,995 the Aged, Inc. Douglas Gardens Senior Adult Care Miami Mental Health Center, Inc. 4,480 Coconut Grove Mental Health Program Southwest Social Services, Inc. 11,554 Citywide Elderly Hot Meals Program St. Agnes Rainbow Village, Inc. 25,000 St. Agnes Rainbow Village St. Alban's Day Nursery, Inc. 4,603 Coconut Grove Family Day Care Program TOTAL COMMUNITY DEVELOPMENT $ 335,122 ALLOCATION FOR PUBLIC SERVICES Section 3. The City Manager is hereby authorized to execute agreements, in substantially the attached form, with the aforementioned agencies to implement their respective social service projects, subject to the conditions and limitations contained herein and in the City Code. Section 4. This Resolution shall become effective immediately upon its adoption. -3- 93- 461 • 1 ;y4 5 PASSED AND ADOPTED this Sth day of ATTE I MATTY AIRAI CITY CLERK COMMUNITY DEVEINT3'REVIEW : c � FRANK CAS;fAN2DA, DIRECTOR COMMUNITY DEVELOPMENT DEPARTMENT FINANCIAL -REVIEW: v CARLOS GARCIA, DIRECTOR DEPARTM T OF FINANCE PREPARED AND APPROVED BY: ALBERTINE B. SMITH CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: • t7 ti;,V 1 A. I QU N JON III CITY ATTORN BSS:M3693 Ju , 1993. VIER L ., $UAREZ , MAYOR BUDGETARY REVIEW: MANO ASSUA.CSURANA ITY MANAGER _4_ 9 3 - 461 CITY OF MIAMI, FLORIDA COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT THIS AGREEMENT entered into this day of , 19 , between the City of Miami, a municipal corporation of the State of Florida, (hereinafter referred to as the "CITY"), and , a Florida not for profit corporation, (hereinafter referred to as the "CONTRACTOR"). FUNDING SOURCE: Community Development Block Grant Funds-19th Year TERM OF THE AGREEMENT: July 11. 1993 through June 30, 1994 AMOUNT: S VENDOR NUMBER: TAX IDENTIFICATION NO.: EXECUTIVE DIRECTOR: A15-aE S S. , TEIIPWN� NO.: p WQ%, THEREFORE, in consideration of the mutual covenants and • Vii gigons herein set forth, the parties understand and agree as flows" 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 Agreement. Resolution authorizing - 1 - execution of this 93- 461 1.2 Work Program (approved by the CITY). The Work Program submitted by the CONTRACTOR to the CITY will become an attachment to this agreement and shall include the following: 1. A description of the work to be performed; and 2. A schedule for completing the work; 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). �I 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, if applicable (i.e. automobile insurance). 1.5 CONTRACTOR's Corporate Seal (to be affixed to Signatory Page, and Corporate Resolution). - 2 - J3- 461 1.6 Copy of CONTRACTOR's Article of Incorporation, 'Charter and Bylaws. 1.7 List of Present Principal Governing Board Officers and Members of the Board (names, addresses and telephone numbers). 1.8 List of Key Staff Persons, with their titles, who will carry out this program. 1.9 Completion of Authorized Representative Statement. 1.10 Completion of Statement of Accounting System. 1.11 A letter from an independent Certified Public Accountant which expresses the opinion that the 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- 461 the Community Development Block Grant (CDBG) Program regulations, Final Rule, and provided as an attachment to this Agreement (Attachment I). 1.16 Copy of last Income Tax Return (IRS Form 990). ARTICLE II 2.0 RECORDS TO BE MAINTAINED 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- 461 k1 forth by 24 CFR 570.3; or the CONTRACTOR 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 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- 461 570.208(a)(1)(ii); (3) For each activity determined to benefit low and moderate income persons because the activity involves a facility or service designed for use by a limited clientele consisting exclusively or predominantly of low and moderate income persons: (i) Documentation establishing that the facility 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 93- 461 household head) have applied for, participated in, or benefited from, any program or activity funded in whole or in part with CDBG funds. Such information shall be used only as a basis for further investigation as to compliance 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 thirty (30) days after contract expiration. B. Certified Independent Audit to be submitted ninety (90) �M 99- 461 days after the agency's fiscal year. CONTRACTORS 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 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 TIME OF PERFORMANCE The term of this Agreement shall be from July 1. 1993 to June 30, 1994. 8 - 93- 461 3.2 CITY AUTHORIZATION For the purpose of this Agreement, the City of Miami Department of Community Development (hereinafter the "DEPARTMENT") will act on behalf of the CITY in the fiscal control, programmatic monitoring, and modification of this Agreement, except as otherwise provided by this Agreement. 3.3 ENTIRE AGREEMENT This instrument and its attachments constitute the only Agreement of the parties hereto relating to said grant and correctly sets forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 3.4 OBLIGATION OF CONTRACTOR 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 POLICIES AND PROCEDURES MANUAL CONTRACTOR is aware and accepts the Policies and Procedures Manual (Attachment III) for Community Based Organizations as 93- 461 the official document which outlines the fiscal, administrative and Federal guidelines and which shall regulate the day-to-day operations of the CONTRACTOR, which is attached and incorporate herein and made a part of this Agreement. 3.6 BONDING AND INSURANCE 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. Best's as to "A" Classification and "W as to financial - 10 - 93- 461 size. Compliance with the foregoing requirements shall not relieve the CONTRACTOR of its liability and obligations under this section or under any other section of this Agreement. 3.7 LEVEL OF SERVICE Should start-up time for a program be required or any delays in service occur, the Department of Community Development is to be notified in writing immediately, giving all pertinent details and indicating when service shall begin and/or continue. It is understood and agreed that the level of services, activities, and expenditures by the 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 PROGRAM 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- 461 CDBG Program regulations, and the CITY's responsibility for initiating the review process under Executive Order 12372 (Attachment I). 3.9 PROGRAM INCOME 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, L 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 - 93- 461 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, 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 FUNDING 4.1 COMPENSATION 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 - 13 - J3- 461 1/6th of the appropriated funds to Contractor. The advance shall be justified as follows: one-half (1/2) in nine (9) equal installments commencing in the third month of this Agreement and continuing through the eleventh month of this Agreement; one-half (1/2) in the twelfth and final month of this Agreement. This method of justifying the advance may be amended by the DEPARTMENT. Funds shall not be advanced by the CITY if the CONTRACTOR is in default under this Agreement. D. All payments shall be reimbursements for expenditures incurred only during the term of this Agreement, and in compliance with the previously approved Line -Item Budget. Such written request shall contain a statement declaring and affirming that all expenditures were made in accordance with the approved budget. All documentation in support of such request shall be subject to approval by CITY at the time the request is made and all invoices are required to be paid by 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 - 14 - 93- 461 of the invoice may be submitted but must indicate the exact amount paid by various funding sources equaling the total of the invoice. No miscellaneous categories shall be accepted as a line item in the budget. Request for line -item changes are allowable, with prior review and approval by the CITY. All line -item changes must be made prior to the end of the term of the Agreement. E. Requests for payment should be made at least on a monthly basis. Reimbursement requests should be submitted to the CITY within thirty (30) calendar days after the indebtedness has been incurred. Failure to comply may result in the rejection for repayment of those invoices within the reimbursement package which do not meet this requirement. F. CONTRACTOR must submit the final request for payment to the CITY within U 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. G. Any payment due under this Agreement may be withheld 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- 461 4.2 FINANCIAL ACCOUNTABILITY CITY reserves the right to audit the records of CONTRACTOR 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 RECAPTURE OF FUNDS 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 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. 4.5 SEPARATION OF CHURCH./STATE In accordance with First Amendment Church/State principles, CDBG assistance may not be used for religious activities or - 16 - 93- 461 provided to primarily religious entities for any activities, including similar activities, as directed by 24 CFR 570.200(j). CONTRACTOR shall comply with this provision when entering into subcontracts. ARTICLE V 5.0 5.1 CONTRACTOR, 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 CONTRACTOR's activities under this Agreement, including all other acts or omissions to act on the part of CONTRACTOR, 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 CONTRACTOR under this Agreement shall be delivered to CITY by said CONTRACTOR upon completion of the services required pursuant to this Agreement and shall become the property of CITY, without restriction or limitation on its use. CONTRACTOR agrees - 17 - 93- 461 that all documents maintained and generated pursuant to this contractual relationship between CITY and CONTRACTOR shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes (Attachment I). It is further understood by and between the parties that any document which is given by CITY to 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. 5.4 AWARD OF AGREEMENT 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. 5.6 CONSTRUCTION OF AGREEMENT This Agreement shall be construed and enforced according to the laws of the State of Florida. - 18 - 93- 461 5.7 9BLIGATION TO RENEW Upon expiration of the term of this Agreement, CONTRACTOR 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 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- 461 5.9 REVERSION OF ASSETS Upon expiration of this Agreement, the CONTRACTOR 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 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 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 be changed from time to time. Such notice shall be deemed given on the day on which - 20 - 93- 461 n 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 CONTRACTOR 3500 Pan American Drive Miami, Fla. 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. 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 - 33- 461 this Agreement shall remain unmodified and in full force and effect. 5.11 INDEPENDENT CONTRACTOR CONTRACTOR and its employees and agents shall be deemed to be independent contractors and not agents or employees of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY or any rights generally afforded classified or unclassified employees; further, they shall not be deemed entitled to the Florida Worker's Compensation benefits and an employee of the CITY. 5.12 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. ARTICLE VI 6.0 CONTRACTOR CERTIFICATIONS CONTRACTOR 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 CONTRACTOR's governing body, authorizing the execution of the Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the CONTRACTOR to act in connection with the Agreement and to - 22 - 93- 461 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 ATTEST: CONTRACTOR: , a Florida not for profit corporation CORPORATE SECRETARY PRESIDENT 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 , 1993, , an - 23 - individual By 93- 461 individually WITNESS: NAWZY "I, SUJAN S. CHHABRA, DIRECTOR RISK MANAGEMENT DEPARTMENT APPROVED AS TO FORM AND CORRECTNESS: A. QUINN JONES III CITY ATTORNEY - 24 - 93- 461 CITY OF MIA MI, FLORIL7A s INTER -OFFICE MEMORANDUM TO The Honorable Mayor and Members °ATE J U N 16 i993 FILE of the City Commission SUBJECT Resolution Allocating 19th Year CDBG Funds for Social Service Projects FROM _ REFERENCES Ces dio City Commission Agenda Cit nager ENCLOSURE97une 17, 1993 :. Diew�W �R' •.M It is respectfully recommended that the City Commission adopt the attached resolution which allocates $1,885,650 of 19th Year Community Development Block Grant Funds to previously named social service agencies, and authorizes the City Manager to execute agreements with the agencies in substantially the form attached. BACKGROUND: On May 13, 1993, the City Commission adopted Resolution 93-311.1 which authorized the City Manager to include approved public services programs on 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). The Department of Community Development has submitted the final statement to USHUD. The proposed resolution provides for the allocation of $1,885,650 of 19th Year CDBG funds to previously approved social service agencies, and authorizes the City Manager to execute agreements with these agencies in substantially the form attached. Attachments: Proposed Resolution Social Services Agreement 93- 461