HomeMy WebLinkAboutR-93-0462J-93-385
7/8/93
RESOLUTION NO. 9 3- 4 G 2
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO EXECUTE INDIVIDUAL
AGREEMENTS IN SUBSTANTIALLY THE ATTACHED
FORM, WITH THIRTEEN (13) NEIGHBORHOOD
ECONOMIC DEVELOPMENT ORGANIZATIONS, FOR THE
PERIOD OF JULY 1 THROUGH AUGUST 31, 1993, FOR
THE AMOUNT SPECIFIED' HEREIN, TO CONTINUE
IMPLEMENTING ECONOMIC': DEVELOPMENT PROGRAMS,
WITH FUNDS THEREFOR BtING ALLOCATED FROM THE
NINETEENTH (19TH) YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT.
WHEREAS, the City Commission is committed to economic
development and the expansion of trade and commerce; and
WHEREAS, the promotion of economic revitalization in the
neighborhoods of the City of Miami is an important part of the
City's economic development strategy; and
WHEREAS, the City Commission is desirous of continuing the
neighborhood economic develo merit
g p program and funds are available
from the Nineteenth (19th) Year Community Development Block Grant
for such purpose; and
WHEREAS, on April 15, 1993, the City Commission approved
Resolution No. 93-263 allocating $800,000 for economic
development; and
WHEREAS, Tonya, Inc., through an agreement with the United
States Department of Housing and Urban Development, evaluated and
ITT CH EWT (S)
CONTAINED
CITY COMMISSION
MEETING OF
jI1I 0 9 1993
Resolution No.
93~ 462
S
determined the eligibility of the CEOs' Community Development
Block Grant funded activities and training the community based
organizations (CBOs) on June 25 and 26, 1993, in order to improve
the quality of their services and improve their performance; and
WHEREAS, under this time frame, the CBOs would have had
ample time to show their performance and the City of Miami would
have had an opportunity to monitor each agency in order to
determine if its performance warrants an extension of the
agreement for the full fiscal year; and
WHEREAS, the City Commission has expressed its desire to
exclude the Wynwood Community Economic Development Corporation,
Inc. from funding until the agency complies with previous City
Commission directives;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
I
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
thirteen (13) individual agreements, in substantially the
attached form, with the following community based organizations,
for the period of July 1, 1993 through August 31, 1993, for the
purpose of implementing a Neighborhood Economic Development
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Program, with funds therefor hereby allocated from the Nineteenth
(19th)
Year Community Development Block Grant, with
the proviso
that no funds will be disbursed until all contractual
and/or
administrative requirements and Commission directives
have been
complied with:
CBO
AMOUNT
* 1.
Allapattah Business Development, Inc.
$ 8,333
2.
Coconut Grove Local Development
8,333
Corporation, Inc.
3.
Downtown Miami Business Association, Inc.
8,333
4.
Edgewater Economic Development Corporation
8,333
5.
Greater Biscayne Boulevard Chamber of
Commerce, Inc.
8,333
6.
Haitian American Foundation, Inc.
8,333
* 7.
Haitian Task Force, Inc.
8,333
8.
Latin Quarter Association, Inc.
8,333
9.
Little Havana Development Authority, Inc.
8,333
10.
Martin Luther King Economic Development
Corporation, Inc.
8,333
11.
New Washington Heights Community Development
Conference, Inc.
8,333
12.
Park West Association, Inc.
8,333
13.
Small Business Opportunity Center, Inc.
8,333
* ABDI and HTF have each agreed that the City Commission name
three (3) individuals to serve on their Board of
Directors.
Section 3. This Resolution shall become effective
immediately upon its adoption.
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PASSED AND ADOPTED this
ATTES :
�11—
MATTYrHIRAI, CITY CLERK
8th day of July , 1993.
XAVIER SUARE , MAYOR
COMMUNITY PEV2JAPME REVIEW AND APPROVAL:
YX-9&KCA8TANEDA, DIRECTOR
DEPARTMENT OF COMMUNITY DEVELOPMENT
BUDGETARY REVIEW AND APPROVAL:
MANOHAR S. SURANA, CTOR
DEPARTMENT OF BUDG
FINANCE DEPARTMENT REVIEW AND APPROVAL:
CA'I�LOP E. GARCIA, DIRECTOR
DEPA TMENT OF FINANCE
PREPARED AND APPROVED BY:
ALBERTINE B. SMITH
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
M3633/ABS/sls/bss
93- 462
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DRAr-T-�,,
No. 2
CITY OF MIAMI, FLORIDA
ECONOMIC DEVELOPMENT COMMUNITY BASED ORGANIZATION (CBO)
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:
TERM OF THE AGREEMENT:
AMOUNT: $ VENDO MBE
TAX IDENTIFICATION NO.:
EXECUTIVE DIRECTOR:
AD.DR$.SS
TELEPHONE NO.: '
NOW, THEREFORE, in consideration of the mutual covenants and
obligations herein set forth, the parties understand and agree as
follows:
ARTICLE I
1.0 BASIC REQUIREMENTS
As a necessary part of this agreement, the following
documents must be approved by the City prior to its
execution, and must be on file with the Department of
Community Development.
WHEN RETURNING FOR FURTi" ,t
REVIEW, PLEASE IDENTIFY AS
462
G
NONE 401i InVl
1.1 Corporate Resolution authorizing execution of this
Agreement.
1.2 The Work Program submitted by the CONTRACTOR to the CITY
became an attachment- to this agreement and shall include the
following:
1.2.1. The description section should detail the activities
to be carried out by the subrecipient. It should
specifically describes the services to be
provided as a result of the expenditures of CD$G
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
CONTRACTOR under this agreement.
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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.
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); flood insurance coverage if applicable; 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).
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, addressee 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.
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1.10 Completion of Statement of Accounting System.
1.11 A letter from an independent Certified Public Accountant
which expresses the opinion on the CONTRACTOR's internal
control and compliance with laws and regulations which
adequately safeguard the agencies assets as per OMB Circular
A-133.
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-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
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
93- 462
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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 5'70.208
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 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
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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 570.208(a)(1)(ii);
(3) For each activity determined to benefit low and
moderate income persons based on the creation of
jobs, tt►e recipient shall provide the
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documentation described in either (i) or (ii)
below.
(i) Where the recipient chooses to document that
at least 51 percent of the jobs will be
available to low and moderate income persons,
documentation for each assisted business
shall include:
(A) A copy of a written agreement
containing:
(1) A commitment by the business that
it will make at least 51 percent of
the jobs available to low and
moderate income persons and will
provide training for any of those
jobs requiring special skills or
education;
(2) A listing by job title of the
permanent jobs to be created
indicating which jobs will be
available to low and moderate
income persons, which jobs require
special skills or education, and
which jobs are part-time, if any;
and
(3) A description of actions to be
taken by the recipient and business
93- 46 2
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to ensure that low and moderate
i.ncoine persons receive first
consideration for those jobs; and
(B) A listing by job title of the permanent
jobs filled and which jobs of those were
available to low and moderate income
persons, and a description of how first
consideration was given to such persons
for those jobs. The description shall
include what hiring process was used;
which low and moderate income persons
were interviewed for a particular job;
and which low and moderate income
persons were hired.
(ii) Where the recipient chooses to document that
at least 51 percent of the jobs' will be held
by low and moderate income persons,
documentation for each assisted business
shall include:
(A) A copy of a written agreement
containing:
(1) A commitment by the business that
at least 51 percent of the jobs, on
a full-time equivalent basis, will
be held by low and moderate income
persons; and
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(2) A listing by job title of the
permanent jobs to be created,
identifying which are part-time, if
any;
(B) A listing by job title of the permanent
jobs filled and which jobs were
initially held by low and moderate
income persons; and
(C) For each such low and moderate income
person hired, the size and annual income
of the person's family prior to the
person being hired for the job.
(4) For
each activity determined to benefit low and
moderate income persons based on the retention of
jobs:
(i)
Evidence that 'ia the absence of CDBG
assistance jobs would be lost;
(ii)
For each business assisted, a listing by job
title of permanent jobs retained, indicating
which of those jobs are part-time and (where
it is known) which are held by low and
moderate income persons tit the time the CDBG
assistance is provided. Where applicable,
identification of any of the retained jobs
(other than those known to be held by low and
moderate income persons) which are projected
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to become available to low and moderate
income persons through job turnover within
two years of the time CDBG assistance is
provided. Information upon which the job
turnover projections were based shall also be
included in the record;
(iii)For each retained job claimed to be held by a
low and moderate income person, information
on the size and annual income of the person's
family;
(iv) For jobs claimed to be available to low and
moderate income persons based on job
,turnover, a description covering the items
required for "available to" jobs in paragraph
(5) of this section; and
(v) Where jobs were 'claimed to be available to
low and moderate income persons through
turnover, a listing of each job which has
turned over to date, indicating which of
those jobs were either taken by, or available
to, low and moderate income persons. For
jobs made available, a description of how L
first consideration was given to such persons
for those jobs shall also be included in the
record.
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(5) 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).
(6) For each activity
determined to aid in
the
prevention or elimination of slums or 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 rehabilitation 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.
(7) r,or each activity determined to aid in the
prevention or elimination of slums or blight based
on addressing slums or blight in an urban renewal
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93- 462
0
area, a copy of the Urban Renewal Plan, as in
effect at the time the activity is carried out,
including maps an supporting documentation.
(a) Records which demonstrate compliance with 24
CFR 570.505 regarding any change of use of
real property acquired or improved with CDBG
assistance.
(b) Records which demonstrate compliance with the
requirements in 570,606 regarding
acquisition, displacement, relocation, and
replacement housing.
(C) Equal Opportunity Records containing-
(1) Data indicating the racial/ethnic character of each
business entity receiving a contract or subcontract
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 contracts and
subcontracts as sources of supplies, equipment,
construction and services. Such affirmative steps
may include, but are not limited to, technical
assistance open to all businesses but designed to
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enhance opportunities for these en erp i a
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.
(2) 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 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.
(3) 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.
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93- 462
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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. A Certified Independent Audit to be submitted a
hundred and twenty (120) days after the expiration
of the corporate 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-133)-
CONTRACTOR'S 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
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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
material effect on its financial statements
amounts and in each major Federal programs.
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 Jul` 1, 1992, to
June V31993-
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
Agreerent, except us otherwise provided by this Agreement.
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T
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.
Furthermore, should any provisions, paragraphs, sentences,
words or phrases contained in this Agreement be determined
by a court of competent jurisdiction to be invalid, illegal,
or otherwise unenforceable under the laws of the State or
Florida or the City of Miami, such provisions, paragraphs,
sentences, words or phrases shall be deemed modified to the
extent necessary in order to conform with such laws, or if
not modifiable to conform with such laws, then same shall be
deemed severable, and in either event, the remaining terms
and provisions of this Agreement shall remain unmodified and
in full force and effect.
3.4.1NON-DISCRIMINATION:
The CONTRACTOR agrees that it shall not discriminate as to
race, sex, color, creed, national origin, or handicap in
connection with its performance under this Agreement. `
Furthermore, that no otherwise qualified individual shall,
solely by reason of his/her race, sex, color, creed,
national origin, or handicap, be excluded from the
participation in, be denied, benefits of, or be subjected to
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a
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discrimination under any program or activity receiving
federal financial assistance.
3.4 OBLIGATION OF CONTRACTOR
The CONTRACTOR shall carry out the services as prescribed in
i t a 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 Com munity
Development.
3.5 POLICIES AND P1�OCEDUKES MANUAL
CONTRACTOR is aware and accepts the Personnel Policies and
Procedures Manual (Attachment III) for Community Development
Block Grant Subrecipients as 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
Personnel Management Department. Prior to commencing any
activity under this Agreement, the CONTRACTOR shall furnish
to the CITY original certificates of insurance and bonding
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93— 462'
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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 Risk Management
Division of the Personnel Management Department.
(b) Fidelity bonding for all persons handling funds
received or disbursed under this Agreement in an
amount equal to or greater than the amount of the
City grant. City shall be named as Loss Payee.
(c) Current liability insurance shall be in amount of
not less than $500,000 General Aggregate which
shall, include Fire Legal. City shall be named as
Primary Additional Insured and there shall be no
exclusions in such policies to override the CITY
coverage.
1 (d) Contractor shall provide the CITY with proof of
Automobile Liability Coverage in an amount of not
less than $100,000 for each driver Bodily Injury
and Property Damage combined, if Contractor is to
be reimbursed for mileage by the CITY.
(e) The Contractor shall obtain Workers' Compensation
and Employers' Liability coverage as per statutory
requirement.
(f) Flood Insurance as required by the City, if
applicable.
93- 462'
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 Frith work which would have
,been performed in the absence .of this Agreement.
3.8 OTHER PROGRAM RCQUIREMENTS
(a) CONTRACTOR shall comply with its obligations as
described in its Management By Objectives (MBOs)
(Attachment IV) which is attached and incorporated
herein and made a part of this Agreement.
(b) CONTRACTOR shall carry out its Work Program in
compliance with all Federal laws and regulations
described in Subpart K of the CDBG Program
i regulation (24 CFR 570.600-612), (Attachment I).
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(c) CONTRACTOR 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).
(d) The CONTRACTOR 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 CONTRACTOR
shall abide by the Federal Labor Standards
provisions of U.S. HUD Form 4010 incorporated herein
as part of this agreement.
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.
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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 witli 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
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. The
CONTRACTOR 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 andk
costs expended during the reporting period. CONTRACTOR
shall ensure the cooperation of its employees and Board
members in such efforts. The City staff may conduct
monitoring visits quarterly, monthly or at random at
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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 CONTRACTOR, $ as maximum
compensation £or the services provided during the
term of this agreement. The CITY shall compensate
the CONTRACTOR for all expenditures made in
accordance with the schedule set forth in the budget
which is attached hereto and made a part hereof.
B. CITY shall have the right to review and audit the
time records and related records of CONTRACTOR
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
-22- 9 3- 4 6 2
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 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
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. CONTRACTOR must submit the final request for payment
to the CITY within 30 calendar days following the
expiration date or termination date of this
-23- y3- 462
� DRAFT
Agreement. IC 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.
F. 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.
4.2 GENERATED ROVENUES:
-p) CONTRACTOR is required to generate revenues in the amount of
<b�r� sixteen thousand five hundred dollars ($16,500.00, by June
1
30, 1993, from approved revenue generating projects. These
funds are to Pe used in lieu of an advance on the fiscal
1993-94 City contract and to offset any other administrative
expense not paid by the City CDBG grant. Funds generated by
grants (federal, state and 'local) will be considered
1 generated revenues. In the event that GRANTEE fails to
.generate the above mentioned revenues by June 30, 1993,
future contracts with the GRANTEE will not be negotiated or
considered. GRANTEE must submit proper documentation
supporting the expenditure of such program generated funds
as per the Program/Line-Item Budget Expenditure,
Justification.
4.3 FINANCIAL ACCOUNTABILITY
CITY reserves the right to audit the records of CONTRACTOR
at any time during the performance of this Agreement and for
-24- 9 3- 462
DRA:�T
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.
4.4 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.
4.5 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, acid/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,
including similar activities, as directed by 24 CFR
570.200(j). CONTRACTOR shall comply with this provision
when entering into subcontracts.
-25- 9�- 462
Dh
ARTICLE V
5.0 GENERAL REQUIREMENTS
5.1 INDEMNIFICATION
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 document,, 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,,
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).
-26-
93- 462
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. `
5.6.1CONFLICT OF INTEREST
The CONTRACTOR covenants that no person under its employ who
presently exercise any functions or responsibilities in
connection with CDBG funded activities, has any personal
-27-
93- 462
DRk�F-T
financial interest, direct or indirect, in this Agreement.
The CONTRACTOR 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
CONTRACTOR or its employees, must be disclosed in writing to
the CITY.
CONTRACTOR 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 expiratign 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 off
termination. In no case, however, shall CITY pay CONTRACTOR
an amount in excess of the total sum provided by this
Agreement.
-28- 93- 462
DF%A►FT
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 CPR 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.
5.8.1.REMEDIES FOR NONCOMPLIANCE
If a CONTRACTOR or SUBCONTRACTOR 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 CONTRACTOR and
SUBCONTRACTOR 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 CONTRACTOR'S or SUBCONTRACTOR'S
program.
-29-93- 462
I)r,,AFT
(4) Withhold further awards for the program, or
(5) Take other remedies that may be legally available.
5.9 REVERSION OF ASSETS
Upon expiration of this Agreement, the 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.
5.9.1.SALE OF PROPERTY, DISPOSITION, RETENTION AND TRANSFER OF
TITLE
A. Title - Subject to the obligations and conditions set
forth in this section. Title to real property
acquired under a grant or subgrant will vest upon
acquisition in the CONTRACTOR or SUBCONTRACTOR
respectively as stated in 24 CFR part 85.
-30- 9 3- 46 2
D�AFT
B. Use - Cxcept as otherwise provided by Federal
statutes, real property will be used for the
originally authorized purposes as long as needed for
that purposes, and the CONTRACTOR or SUBCONTRACTOR
shall not dispose of or encumber its title or other
interests.
C. Disposition - When real property is no longer needed
for the originally authorized purpose, the CONTRACTOR
or SUBCONTRACTOR will request disposition
instructions from the awarding agency. The
instructions will provide for on of the following
alternatives:
(1) Retention of Title; retain title after
compensating the awarding agency. The amount
paid to the awarding agency will be computed by
applying the awarding agency's percentage of
1 participation in the cost of the original
purchase to the. fair market value of the
property. However, in those situations where a
CONTRACTOR or SUBCONTRACTOR is disposing or real
property acquired with grant funds and acquiring
replacement real property under the samet,
program, the net proceeds from the disposition
may be used as an offset to the cost of the
replacement property.
t�-
DRAFT
(2) Sale of Property; sell the property and
compensate the awarding agency. The amount due
to the awarding agency will be calculated by
applying the awarding agency's percentage of
participation in the cost of the original
purchase to the proceeds of the sale after
deduction of any actual and reasonable selling
and fixing -up expenses. If the grant is still
active, the net proceeds from sale may be offset
against the original cost of the property. When
a CONTRACTOR or SUBCONTRACTOR is directed to
sell property, sales procedures shall be
followed that provide for competition to the
extent practicable and result in the highest
possible return.
3. Transfer of Title;
transfer title to the
awarding agency or to a third -party
designated/approved by the awarding agency. The
CONTRACTOR or SUBCONTRACTOR shall be paid an
amount calculated by applying the CONTRACTOR or
SUBCONTRACTOR'S percentage of participation in
the purchase of the real property to the current
fair market value of the property.
5.10 GENERAL CONDITIONS
A. All notices or other communications which shall or
may be given pursuant to this Agreement shall be in
93- 462
-32-
DK'A&FT
writing and shall be delivered by personal service,
or by registered mail addressed to the other party at
the address indicated herein or as the same may be
changed from time to time. Such notice shall be
deemed given on the day on which personally served;
or, if by mail, on the fifth day after being posted
or the date of actual receipt, whichever is earlier.
CITY OF MIAMI CONTRACTOR
Contractor Name
3500 Pan American Drive Address
Miami, Fla. 33133 City, State Zip Code
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
-33- 9 3- 462
JF
r -
D R
r)
T -
modified to the extent necessary in order to conform
with such laws, or if not modifiable to conform with
such laws, then same shall be deemed severable, and in
either event, the remaining terms and provisions of
this Agreement shall remain unmodified and in full
force and effect.
5.11 INDEPENDENT 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
-34-
93` 462
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
provide such additional information as may be required.
IN WITNESS WIiEREOF, 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:
CORPORATE SECRETARY
WITNESS:
APPROVED AS TO
INSURANCE REQUIREMENTS:
SUJAN S. CHHABRA, DIRECTOR
RISK MANAGEMENT DEPARTMENT
-35-
CONTRACTOR:
ADDRESS
CITY STATE ZIP
PRESIDENT
SEAL
0
APPROVLD AS TO FORM AND
CORRECTNESS:
A. QUINN JONES, III
CITY ATTORNEY
33- 462
CiTv O ---A
INTER -OFFICE MEMORANDUM
T� The Honorable Mayor and
Members of the City Commission
Cesar H. Odio
City Manager
RECOMMENDATION:
S4
-� Agreement with Community
Based Organizations for
Fiscal Year 1993-1994
City Commission Agenda
June 17, 1993
It is respectfully recommended that the City Commission adopt the
attached resolution authorizing the City Manager to execute
individual contracts with fourteen (14) neighborhood economic
development organizations, for the first six months of fiscal year
1993-1994 to be funded from Nineteenth (19th) Year Community
Development Block Grant funds.
BACKGROUND:
Pursuant to Resolution No. 93-311.1 adopted by the City Commission
at the meeting of May 13, 1993, $800,000 was allocated for Economic
Development. The Department of Community Development (DCD) is
hereby requesting authorization to enter into individual contracts
with economic development Community Based Organizations (CBOs) for
the first six months of fiscal year 1993-1994 beginning July 1, 1993
through December 31, 1993 until final policy determination is made
by HUD officials..
This time frame is being recommended to allow Tonya, Inc., the
Department of HUD's consultant, an opportunity to evaluate and
determine the eligibility of CBOs' CDBG funded activities. It would
also afford Tonya, Inc. ample time to train the CBO to show
performance and the City to properly monitor each organization.
The CBOs have been the City's primary outreach vehicle to assist the
different communities in developing their economic development
programs and/or projects.
The City's objective in funding the CBOs is to provide an
opportunity for neighborhood oriented groups to coordinate the
City's economic development efforts at the neighborhood level. This
involves promoting the redevelopment and revitalization of
commercial/industrial activity in targeted low and moderate income
neighborhoods and thereby stimulate investment activities.
The CBOs also provide neighborhood outreach services to the local
business community. These services include, but are not limited to,
the formation and/or strengthening of a merchants association, busi-
ness recruitment, target area promotion, referral service to other ��
-
93- 462
0
The Honorable
Members of the
Page two
Mayor and
City Commission
federal and county programs that are aimed at economic
revitalization, and business attraction retention and expansion
assistance and/or opportunities.
During the last contract period, several CBOs also participated in
the Citywide Commercial Facade Program to provide exterior facade
improvements to businesses within the eight neighborhood target
areas.
As previously discussed, HUD has historically been opposed to core
funding of CBOs and continues such opposition. Pursuant to letter
of 9/17/92, attached, they are of the opinion that CBOs should not
be funded on a routine basis using CDBG funds. According to HUD,
CBOs should only be funded on a project specific basis and a
percentage of the allocation could be used for activity delivery
cost (administration).
From December 7-11, 1992, Tonya's Executive Vice President and
Project Manager, David S. Dennison; Tonya's Consultant, Jeannie
Fewell, Deborah Griswold of the HUD Region IV Office in Atlanta and
Duane Gilliland of the Jacksonville Field Office, conducted daily
fact finding intensive interviews with most of the CBOs and CDCs and
City staff to obtain an accurate picture of needed technical
assistance.
HUD had informed the City that a follow-up visit by top HUD
officials and officers of Tonya, Inc. would be made during the month
of March, 1993 to establish the course of action. However, there
has been a delay in the plans caused by the change in the
administration and we have now been informed that the meetings will
take place June 25 and 26, 1993. The City has verbal confirmation
that the workshops to be conducted by Tonya, Inc. to strengthen the
CBOs' capacity to carry out economic development projects at a
neighborhood level will also be attended by high-ranking HUD
officials.
The Department of Community Development will continue to closely
monitor the agencies and, with the assistance of the Neighborhood
Enhancement Team Administrators, we should be able to improve the
performance of the CEOs at a neighborhood level.
Based on the aforementioned information, it is therefore being
recommended that authorization to enter into individual contracts
with the following agencies in the specified amounts be granted to
the City Manager with the proviso that no funds will be disbursed
until all contractual requirements have been met and outstanding
administrative issues are resolved.
93- 462
The
Honorable Mayor and
Members
of the City Commission
Page
three
CBO
AMOUNT
*1.
Allapattah Business Development, Inc.
$ 25,000
2.
Coconut Grove Local Development
25,000
Corporation, Inc.
3.
Downtown Miami Business Association, Inc.
25,000
4.
Edgewater Economic Development Corporation
25,000
5.
Greater Biscayne Boulevard Chamber of
Commerce, Inc.
25,000
6.
Haitian American Foundation, Inc.
25,000
*7.
Haitian Task Force, Inc.
25,000
8.
Latin Quarter Association, Inc.
25,000
9.
Little Havana Development Authority, Inc.
25,000
10.
Martin Luther King Economic Development
Corporation, Inc.
25,000
11.
New Washington Heights Community Development
Conference, Inc.
25,000
12.
Park West Association, Inc.
25,000
13.
Small Business Opportunity Center, Inc.
25,000
**14.Wynwood
Community Economic Development
Corporation, Inc.
25,000
* ABDA and HTF have each agreed that the City Commission name
three (3) individuals to serve on their Board of Directors.
** WCEDC must comply with City of Miami Commission Motions and/or
Resolutions #93-318, 93-319 and 93-320 of May 13, 1993.
M
93- 462 3
CITN' O� Y,4%1! �_OR:'JL
INTER -OFFICE MEMORANDUM
The Honorable Mayor and
Members of the City Commission
Cesar H. Odio
City Manager
;E%ERE ES
Status Report
CBO's/Economic Development
Agenda Item
June 29, 1993
Pursuant to City Commission directive at the meeting of March 11,
1993, attached please find a status report on Economic Development
Community Based Organizations (CBOs) funded for fiscal year 1992-
1993.
As anticipated in memorandum dated October 14, 1992, and discussed
at the October 22, 1992 City Commission meeting, the U.S. Department
of Housing and Urban Development (HUD) Central retained Tonya, Inc.
to conduct an initial needs assessment in response to the City's
request for technical assistance in connection with CBOs.
From December 7-11, 1992, Tonya's Executive Vice President and
Project Manager, David S. Dennison, Tonya's Consultant, Jeannie
Fewell, Deborah Griswold from the HUD Region IV Office in Atlanta
and Duane Gilliland of the Jacksonville Field Office, conducted
daily fact finding intensive interviews with most of the CBOs and
Community Development Corporations (CDCs)'and City staff, to obtain
an accurate picture of needed technical assistance.
HUD has now informed the City that a follow-up visit by top HUD
officials and the consultant of Tonya, Inc. will be made on June 25
and 26, 1993 to establish the course of action. Attendance at the
workshop is mandatory for all Economic Development CBOs funded by
the City of Miami.
In addition, the Department of Community Development (DCD) has been
monitoring all funded agencies and attached is the status report on
the twelve (12) CBOs currently under contract with the City of
Miami. This report is based on recent monitoring visits conducted
by the DCD and the agencies' monthly/quarterly reports.
The DCD has continued working with each agency in order to ensure
compliance with City contractual requirements and HUD guidelines.
Attachment
93- 462
N
STATUS REPORT
FISCAL YEAR 1992-93
ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY
ACTIVITY
Technical Assistance
Facade
CONTRACT COMPLIANCE:
PROJECTS REPORTED
PENDING COMPLETED
5 S
69 2
*Agency has experienced internal
administrative problems.
Agency has cleared most monitoring findings.
Agency has raised $10,259 towards the $16,500
generated revenue required by their contract.
r%mui+n nnn Tr.nma .
Ralpheal Plaza
-Has demonstrated no progress on the
development plans. Construction according to
City contract should have commenced by
October 1992. Requested documentation still
pending.
*Agency currently being reorganized.
M
93- A62 17
STATUS REPORT
FISCAL YEAR 1992-93
COCONUT GROVE LOCAL DEVELOPMENT CORPORATION
PROJECTS REPORTED
PENDING COMPLETED
ACTIVITY
Technical Assistance 10 4
Facade 14 0
CONTRACT COMPLIANCE:
Agency has cleared monitoring findings.
Complied with generated revenues required by
their contract.
OTHER PROJECTS:
GUTS
-Loan granted 3/20/85 from $234,873 Jobs Bill
Fund and $265,127 CDBG. (To be revised as
per Resolution 92-748).
Disbursed $ 265,127 Available $234,873
Negotiating the purchase price of property
located at 3659 Grand Avenue, as part of the
total Tikki Club redevelopment project.
Negotiating with Constructa (a
development/contractor firm) for project
design.
a
93- 462
I
STATUS REPORT
FISCAL YEAR 1992-93
DOWNTOWN MIAMI BUSINESS ASSOCIATION
PROJECTS REPORTED
PENDING COMPLETED
ACTIVITY
Technical Assistance a 6
Facade 63 5
CONTRACT COMPLIANCE:
Performance has improved.
Agency has cleared monitoring findings.
Complied with generated revenues required by
their contract.
OTHER PROJECTS:
None
99- 462
59
M
a
STATUS REPORT
FISCAL YEAR 1992-93
EDGEWATER ECONOMIC DEVELOPMENT
PROJECTS REPORTED
PENDING COMPLETED
ACTIVITY
Technical Assistance Report Pending 4
Facade 0 0
CONTRACT COMPLIANCE:
Performance needs improvement.
Agency has cleared monitoring findings.*
Agency has raised $13,436 towards the $16,500
generated revenue required by their contract.
OTHER PROJECTS:
None
*Note: This is a new agency funded this fiscal year.
la 93- 462
STATUS REPORT
FISCAL YEAR 1992-93
GREATER BISCAYNE BOULEVARD CHAMBER OF COMMERCE
ACTIVITY
Technical Assistance
Facade
CONTRACT COMPLIANCE:
PROJECTS REPORTED
PENDING COMPLETED
4 4
12 3
Performance needs improvement.
Agency has cleared monitoring findings.
Complied with generated revenues required by
their contract.
OTHER PROJECTS:
None
93- 462 �l
N
HAITIAN TASK FORCE
STATUS REPORT
FISCAL YEAR 1992-93
PROJECTS REPORTED
PENDING. COMPLETED
Technical Assistance 8 9
Facade 9 0
CONTRACT COMPLIANCE:
Agency has experienced internal adminis-
trative problems.
Complied with generated revenues required by
their contract.
OTHER PROJECTS:
Caribbean Market Place
-$1501000 loan granted 3/3/89, amended
11/20/89.
-in nonperformance status since 2/20/92.
Requested moratorium. Documentation
requested still pending. Insurance payment
due Hurricane Andrew damage has been
received. Repairs pending negotiations with
contractor.
/7- 93- 462
r
STATUS REPORT
FISCAL YEAR 1992-93
LATIN QUARTER ASSOCIATION
PROJECTS REPORTED
PENDING COMPLETED
ACTIVITY
Technical Assistance 6 12
Facade N/A* N/A*
CONTRACT COMPLIANCE:
Under -reporting of activities.
Agency cleared monitoring findings.
Agency has raised $9,632 towards the $16,500
generated revenue required by their contract.
OTHER PROJECTS:
None
*The Commercial Facade Program is not included in the
Scope of Services.
93- 462 /3
STATUS REPORT
FISCAL YEAR 1992-93
LITTLE HAVANA DEVELOPMENT AUTHORITY
PROJECTS REPORTED
PENDING COMPLETED
ACTIVITY
Technical Assistance 4 b
Facade 21 2
CONTRACT COMPLIANCE:
Agency cleared monitoring findings.
Complied with generated revenues required by
their contract.
None
�7 93- 462
STATUS REPORT
FISCAL YEAR 1992-93
MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION
ACTIVITY
Technical Assistance
Facade
PROJECTS REPORTED
PENDING COMPLETED
4 5
46 0
CONTRACT COMPLIANCE:
Agency has cleared monitoring findings.
Complied with generated revenues required by
their contract.
OTHER PROJECTS:
Lincoln Square Building
$400,000 loan granted 12/12/82 in
nonperformance status since 10/1/90.
Note: MLKEDC building is in the final stage of
major rehabilitation with funds received from
insurance company due to hurricane damage.
93- 462
STATUS REPORT
FISCAL YEAR 1992-93
NEW WASHINGTON HEIGHTS COMMUNITY DEVELOPMENT CONFERENCE
PROJECTS REPORTED
PENDING COMPLETED
ACTIVITY
Technical Assistance 3 4
Facade 2 6
CONTRACT COMPLIANCE:
Performance needs improvement.
Agency has cleared monitoring findings.
Complied with generated revenues required by
their contract.
OTHER PROJECTS:
Attracted First Union Bank to open office at
their location to better serve residents of
the area.
16 93- 462
STATUS REPORT
FISCAL YEAR 1992-93
SMALL BUSINESS OPPORTUNITY CENTER
a
PROJECTS REPORTED
PENDING COMPLETED
ACTIVITY
Technical Assistance 15 19
Facade 17 0
CONTRACT COMPLIANCE:
Agency has cleared monitoring findings.
Under reporting its CDBG eligible activities.
Under documenting time spent on CDBG
activities.
Complied with generated revenues required by
their contract.
OTHER PROJECTS:
Trade Center of the Americas
- $117,000 loan granted 4/13/88 in
nonperformance status since 5/l/92.
- $33,000 loan granted 5/24/88 is current.
Requesting moratorium on $117,000 loan.
93- 462 17
M
STATUS REPORT
FISCAL YEAR 1992-93
WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION
PROJECTS REPORTED
PENDING COMPLETED
ACTIVITY
Technical Assistance 2 0
Facade 10 4
CONTRACT COMPLIANCE:
Performance needs improvement.
*Agency still experiencing administrative
problems.
Agency has cleared most monitoring findings.
Complied with generated revenues required by
their contract.
OTHER PROJECTS:
N.W. 2nd Avenue Beautification Project.
*Wynwood Foreign Trade Zone
*Safe Neighborhood Improvement District (SNID)
NOTE: CONTRACT WAS NOT EXTENEDED BY THE CITY COMMISSION
AS OF MARCH 30, 1993
�� 93- 462
SEP 17 199Z i
.` U. S . DEPARTV -IT'OF HOUSING AND URBAN DEVELOPMENT
JACXSOITVILLE OFFICE, REGION IV
•325 West Adams street
Jacksonville, Florida 32202-430
-.
4.6CMA
Frank Casteneda, Director
Department of Community Development
City of Miami
1145 NW 11 St.
Miami, FL 33136
Dear Mr. Casteneda:
SUBJECT: Community Development Block Grant
Grant No. B-92-MC-12-0013
Technical Assistance on Community
(CBOs) for Economic Development
(CDBG) Program
Based Organizations
This responds to your correspondence dated July 21, 1992,
which requests guidance in using CBOs for economic development
activities.
This Office has not recommended "disregarding" CBOs. An
important issue pointed out in the monitoring letter was the City
is not maintaining evidence to show compliance with a National
Objective. Even if the activity carried out by the CBO is
eligible, if a National Objective is not met, expenditures for the
activity are subject to repayment. Another important issue in our,
monitoring letter was the spending of CDBG funds for CBO staff and
administrative costs and receiving little in return. This is the
basis for cautioning the City that it is at risk if funding for
these activities is continued. Several of the CBOs funded by Miami
have been funded for a number of years, and have not produced
tangible results showing benefit to low and moderate. income
residents. There has apparently not been a system in place to
evaluate results on an annual* basis and make funding decisions
based on the evaluation.
Our monitoring has indicated the CB05 have not had a
measurable impact on the low and moderate income neighborhoods.
This is partially due to the way in which these activities are
structured. Each subrecipient is given $50,000 per year for
special economic development activities. The scope of service in
the subrecipient agreement is not sufficiently detailed to ensure
eligible -activities are undertaken and adequate records. are
maintained to document compliance with a National Objective.. Some
of the CEOs funded are not qualified to provide technical
assistance to businesses. Because of the lack of a detailed work
program and ineffective monitoring, the CBOs continue to be funded
whether they, can show accomplishments or not. As a consequence,
ineligible activities and activities which do not meet.a National
Objective are carried out by the CBOs. This puts the City at risk
of repaying amounts expended for these activities.
93- 462
2
Other programs and methods for encouraging empowerment of low
income residents without use of CDBG funds or CBOs exist and should
be pursued. 'these would include programs to, encourage affordable
housing and job training and placement programs. CDBG funds should
be used only for eligible activities which will meet a National
Objective. other ' sources of funding, including banks, foundations,
volunteer resources, or general fund revenues should be pursued to
assist in accomplishing the neighborhood benefits the City wants.
The specific goal to be achieved should be identified for each
neighborhood to be assisted. The resources appropriate to
g addressinthat goal should then be assembled. Activities
undertaken should be monitored closely to ensure the desired result
is achieved in a reasonable time.
If you have any further questions on this matter, please
contact Duane Gilliland, Community Planning and 'Development
Representative, at (904) 232-1202.
Very sincerely yours,
Ji�ichol
Director
Community Planning and
Development Division, 4.6C
opq
93- 462
..
.Pt. Of
W1.
SEp 1,7 19 '
U.S. DtPARTML• . . of hoUS..,, d )W D bnoAIi bEVE*LOFfdE
JACKSOIIVILLE orrice, i1LOIOtt IV
325 West Adams street
Jacksonville, Florida 32202-4303
4.6CMA
Frank Castaneda, Director
Department of Community Development
City of Miami
300 Biscayne Boulevard Way, Suite 420
Miami, Florida 33131
Dear Mr. Castaneda:
SUBJECT: Community Development Block Grant (CDBG) Program
Grant No. B-92-MC-12-0013
Request for Technical Assistance
City of Miami, Florida
This is in response to your July 29, 1992, letter requesting
technical assistance and professional guidance concerning the
creation and funding of Community Based Organizations (CBOs) and
other subrecipients.
It is likely a HUD technical assistance contractor will
provide the technical assistance you requested. Arrangements for
' the technical assistance are underway. You should be contacted 'by
a contractor representative in the next couple of weeks.
If you have any questions on this flatter, please contact
Duane Gilliland, at (904) 232-1202. '
very sincerely your ;
Ji Nicho1
Director
Community Pianning and
Development Division, 4.6C
93- 462 '�