HomeMy WebLinkAboutR-93-0515J-93-581
S/19/93
v
93— 515
RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING
THE CITY MANAGER TO ENTER INTO AN AGREEMENT,
IN SUBSTANTIALLY THE ATTACHED FORM, WITH
HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE,
INC. (HOPE), A FLORIDA NON PROFIT
CORPORATION, TO PROVIDE AN ADMINISTRATIVE
GRANT IN THE AMOUNT OF $50,000 FOR THE
IMPLEMENTATION OF FAIR HOUSING ENFORCEMENT
AND EDUCATION OUTREACH ACTIVITIES WITHIN THE
CITY'S HOUSING PROGRAM; ALLOCATING FUNDS
THEREFOR FROM THE COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM.
WHEREAS, the Miami City Commission is desirous of complying
With the federal regulations of the U.S. Department of Housing
and Urban Development (HUD) regarding fair housing; and
WHEREAS, the Housing Opportunities Project for Excellence,
Inc. (HOPE), a Florida non profit corporation, was established to
assist in implementing fair housing enforcement and education
activities within the City's target areas and Dade County; and
WHEREAS, City low moderate income residents will be the
direct beneficiaries of having an agency within the City that can
provide fair housing information and investigates housing
discrimination complaints Citywide; and
WHEREAS, administration funding in the amount of $50,000 is
available from the Community Development Block Grant Program;
ATTACffAlE0,�7���
C�'TAp��t�
CITY C0�019SSION
NEETiNG OF
Resolution No.
-CAa r-�5
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized to
enter into an agreement, in substantially the attached form, with
HOPE, a Florida, non profit corporation, to provide an
administrative grant in the amount of $50,000 for the
implementation of fair housing enforcement, educational outreach
activities and investigation of discrimination complaints within
the City`s housing program for the benefit of low and moderate
income persons.
Section 3. Funds for this project are hereby allocated
from the Community Development Block Grant Program.
Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 7th day of September 1993.
le- ;--71 I
XAVIER L SUARE MAYOR
CITY CLERK
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93- 515
BUDGETARY REVIEW:
COMMUNITE PME REVIEW:
MANOHAR S. SURA
FRANK dASTANE A, DIRECTOR
ASSISTANT CITY t3ER
DEPT. OF COMMUNITY DEVELOPMENT
FINA 1 L REVIEW:
-
CA. GARCIA, DIRECTOR
DEPARtkENT OF FINANCE
PRE RED DtAPPROVED BY:
S AN F. JON S
ASSISTANT C1T ATTORNEY
j APPROVED AS TO FORM AND CORRECTNESS:
. QU JON S IIT
CITY ATTORN Y
SFJ:CSk:M3 04
93- 515
U RAF,.T
No. 1
CITY OF MIAMI, FLURIDA
SPECIAL AGEI4CY AGREEMENT
HOUSING OPPORTUNITIES PROJECT FOR EXCELL' CEO NC.
THIS AGREEMENT entered into this 1st day of October, 1993,
between the City of Miami, a municipal corporation of the State
of Florida, (hereinafter referred to as the "CITY"), and }lousing
Opportunities Project For Excellence, Inc. (HOPE), a Florida not
for profit corporation, (hereinafter referred to as the
CONTRACTOR).
FUNDING SOURCE: 18th Year Community Development_ Block Grant
TERM OF THE AGREEMENT: (1) One Year
AMOUNT: $ 50,000
TAX IDENTIFICATION NO.:
EXECUTIVE DIRECTOR: William Thompson, Jr.
ADDRESS: 19 West Flagler Street, Suite 214, Miami, FL 33130
TELEPHONE NO.: (305) 374-4660
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
1.1 Corporate Resolution authorizing execution of this
Agreement.
1.2 Work Program (approved by the CITY).
The Work Program submitted by the CONTRACTOR to the CITY
became an attachment to this agreement a d shall include the
N R': i .
following. ilk..,,, IJ: IDG:,. AS
t
t
(a) Description of the Work: HOPE, Inc., proposes to implement
program activities designed to educate the general public
(particularly low/moderate income person within the City's
target areas) housing industry groups and financial
i
institutions, about fair housing rights and their
obligations concerning; the availability of housing
opportunities. HOPE, Inc. proposed activities involve
developing informative educational material and media
campaigns targeted at persons throughout Miami in need of
specific or additional information on availability and fair
housing rights. This project will work closely with public
agencies, City of Miami civic associations, community -based
organizations, and low/moderate income based in the City of
Miami target areas, of the availability of affordable
housing opportunities; develop mechanisms for identification
of a quick response to housing discrimination cases and
publishing a quarterly newsletter which will be expanded to
include the Education and Outreach component of its housing
program.
(b) Schedule of Activities: HOPE, Inc.'s Educational and
Outreach Project will develop informative educational
materials and publish a quarterly newsletter designed to
focus on housing opportunities for Blacks, Hispanics,
Haitians and other minorities, sensitizing the community at
equal access and fair housing practices in Dade County.
(c) A mass media campaign will be undertaken to target consumers
and vendors separately.
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( d ) There will also be a hotline to give victims of alleged
discrimination access to a local agency.
(e) Six workshops
(three within the City of
Miami ) will be
designed for
civic associations,
community -based
organizations,
and victims of alleged
discrimination,
particularly in
low and moderate income areas
as will as the
development and
execution of two training
seminars targeted
at representatives of the housin.a industry
and professionals
from financial
institutions. The workshops
will explain the
rights granted
by fair housing laws. The three workshops
within the City of Miami will be held in
October, January
and the last in
April of 1994. An educational
campaign will
also be developed in September of 1993
for the public
schools, with
the assistance of the Dade County School
Board.
1.3 Budget Summary
1.4 Copy of Contractor's Article of Incorporation, Charter and
ByLaws.
1.5 List of Present Principal Governing Board Officers and
members of the Board (names, addresses and telephone
numbers).
1.6 List of Key Staff Persons, with their titles, who will carry
out this program.
1.7 Acceptance of Office of Management and Budget (OMB) Circular
A-87 Principals for Determining Costs Applicable to grants
and Contracts with State Local and Federally recognized
Indian Tribal Governments." (OMB) Circular A-110,
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i
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 Mana6ement Standards), and 110" (Procurement
Standards), (OMB) Circular A-122 and A-21 "Cost Principles
for Non-profit Organizations and Co6t Principles for
Educational Institutions as modified by 24 CFR Part 570.502
(b), "Applicability of Uniform Administrative Requirements,"
of the Development and Housing Conservation 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.
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) Record's providing a full description of each activity
assisted ( or being assisted) with CDBG funds, the
number of beneficiaries, state the categories of
minority households assisted and their low/moderate
income levels, 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.
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b) Records demonstrating that each activity undertaken
meets one of the criteria set forth in 24 CFR 570.208
of the CDBG Program regulations.
e) Monthly activity reports providing specific CDBG
assisted activity pertaining to low/moderate income
persons stating; the percentages breakdown of minority
households assisted within the City of Miami's target
areas. (Refer to (a))
2.2 Copy of last Audit Report as performed by an Independent
Auditor in accordance with Circular A•-133•
a) Final Expenditure Report to be submitted no later than
thirty (30) days after contract expiration.
b) A certified Independent Audit to be submitted ninety
(90) days after the expiration of the corporate fiscal
year. CONTRACTOR 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 financial statements, and a compliance letter
stating whether the CONTRACTOR is in comforwity with
federal grant regulations. CONTRACTOR shall have an
agency —wide 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.
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(2)
The institution has an internal control structure
to provide reasonable assurance that the
institution is managing Federal awards in
compliance with applicable laws and regulations
that could have material impact on the financial
statements.
(3)
The institution has complied with the laws and
regulations that may have a direct and material
effect on its financial statements amounts and in
each major Federal programs.
The City Staff shall have the authority to review
CONTRACTOR 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 October 1, 1993,
to September
30, 1994.
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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. 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.
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3.4 OBLIGATION OF CONTRACTOR
The CONTRACTOR shall carry out the services as prescribed
in its Work Program 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
HousinE; and Urban Development (HUD) and the Department.
3.4.1 NON-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 discrimination under any program or activity receiving
federal financial assistance.
3.5 POLICIES AND PROCEDURES MANUAL
CONTRACTOR is aware and accepts the Personnel Policies
and Procedures Manual For Community Development Block
Grant SUBRECINIENTS 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 (Attachment II).
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93- '515
3.6 BONDING AND INSURANCE
CONTRACTOR shall maintain insurance and bonding coverages
acceptable to the CITYYIs Risk Management Department.
Prior to commencing any activity under this Agreement,
the CONTRACTOR shall furnish to the CITY original
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 Is Risk 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 liability. City shall be named
as Primary Additional Insured and there shall be no
exclusions in such policies to override the CITY
coverage.
(d) CONTRACTOR shall provide the CITY with proof of
Automobile Liability Coverage in an amount of not
less than $300,000 for each driver Bodily Injury
and Property Damage combined, if CONTRACTOR is to
be reimbursed for mileage by the CITY.
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(e) The CONTRACTOR shall obtain Workers' Compensation
and Employers' Liability coverage as per statutory
requirements.
(f) Flood Insurance as required by the City, if
applicable.
Compliance with the foregoing requirements shall not
relieve the 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.
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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
CDBG Program regulations, and the CITY's
responsibility for initiating the review process
under Executive Order 12372 (Attachment I).
(e) 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
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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 if applicable,
Report on a monthly basis along; with the required monthly
Work Program Status Report. The Program Income Report
will identify CDBG activities in which income was derived
and how income has been utilized.
3.10 REPORTS, AUDITS AND EVALUATIONS
The CONTRACTOR shall comply with the Federal Directive
required by the U.S. Department of Housing and Urban
Development (USHUD) to document that program activities
are 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 official policy on
specified issues relating to CONTRACTOR activities. The
CONTRACTOR shall submit monthly progress reports,
schedules, and any other reports and documentation as the
City deems necessary and which will reflect the status of
objectives and prograrn activities accomplished thus far,
in addition to budget changes and costs expended during
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the reporting period. CONTRACTOR shall ensure the
cooperation of its employees and Board members in such
efforts. The City staff may conduct monitoring visits
monthly, quarterly, or at random at anytime. Any
inconsistent, incomplete, or inadequate information either
received by the CITY or obtained through monitoring; and
evaluation by the CITY, shall constitute good cause for
the CITY to terminate this Agreement at any time
thereafter.
ARTICLE IV
4.0 FUNDING
4.1 COMPENSATION
(a) CITY shall pay CONTRACTOR, $50,000 as maximum
compensation for 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
—13— 93- 515
approved budget. All documentation in support of
such request shall be subject to approval by CITY at
the time the request is mate and all invoices are
required to be paid by CONTRACTOR prior to
t
sub►nission. 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 roust 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.
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(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
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.
(f) Any payment due under this Agreement ►nay 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 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
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A
I-
l
Agreement or (ii) to accept conditions imposed by CITY at
the direction of the federal, state and .local agencies.
i
4.4 RELOCATION, ACQUISITION AND DISPLACEMENT
The CONTRACTOR agrees to
comply with
24
CFR 570.606
in
addition to City of Miami
Ordinances
and
Resolutions
and
City policies 1n relation to the acquisition and
disposition of real property utilizing grant funds, and to
the displacement of persons, businesses, non -•profit
organizations occuring as a direct result of any
acquisition or real property utilizing grant funds.
4.5 CONTINGENCY CLAUSE
Funding for this Agreement is contingent on the
availability of funds and continued authorization for
program activities and is subject to amendment or
termination due to lack of funds or authorization,
reduction of funds, and/or change in regulations.
4.6 SEPARATION OF CHURCH/STATE
In accordance with First Amendment Church/State
principles, CDBG assistance may not be used for religious
activities or provided to primarily religious entities for
any activities, including sirailar activities, as directed
by 24 CFR 570.200(j). CONTRACTOR shall comply with this
provision when entering into subcontracts.
ARTICLE V
5.0 GENERAL REQUIREMENTS
5.1 INDEMNIFICATION
CONTRACTOR, shall pay on behalf of, and save CITY harmless
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from and against any and all claims, liabilities, losses,
and causes of action which may arise out of CONTRACTOR
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
that all documents maintained and ;venerated 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
—17— 93- 515
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 COSTRUCTION OF AGREEMENT
This Agreement shall be construed and enforced according
to the laws of the State of Florida.
5.6.1 CONFLICT 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 financial interest, direct or indirect, in this
Agreement. The CONTRACTOR further covenants that, in the
performance of this Agreement, no person having such
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93- 515
5.7
5.8
u;4Ra F1Y3:+
i
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.
OBLIGATION TO RENEW
Upon expiration of the term of this Agreement, CONTRACTOR
agrees and understands that CITY has no obligation to
renew this Agreement.
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 payinent 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
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is in default, then CITY shall in no way be obligated and
shall not pay to CONTRACTOR any sum whatsoever.
r
It is also understood that in accordance with 24 CF•R
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 RECIPIENT materially fails to comply
with any term of an award and an agreement, the CITY may
take one or more of the following courses of actions as
stated in (24 CFR 85.43).
(1) Temporarily withhold cash payments pendin correction
of the deficiency by the CONTRACTOR and RECIPIENT or
more severe enforcement action by the awarding
Agency.
(2) Disallow (that is, deny both use of funds and
matching credit for) all or part of the cost of the
activity or action not in compliance.
(3) Wholly or partly suspend or terminate the current
award for the CONTRACTOR or RECIPIENT program.
(4) Withhold further awards for the program, or
(5) Take other remedies that may be legally available.
5.9 REVERSION OF ASSETS
Upon expiration of this Agreement, the CONTRACTOR shall
transfer to the CITY any CDBG funds on hand at the time of
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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 RECIPIENT
respectively as stated in 24 CFR part 85.
(b) Use - Except as otherwise provided by Federal
statutes, real property will be used for the
originally authorized purposes as long as needed for
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1
that purposes, and the CONTRACTOR 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
will request disposition instructions from the CITY.
The instructions will provide for one of the following
alternatives:
(1) Retention of Title; retain title after
compensating the CITY. The amount paid to the
I
i
CITY wi'11 be computed by applying the CITY'S
percentage of participation in the cost of the
original purchase to the fair market value of the
property. However, in those situations where the
CONTRACTOR is disposing of real property acquired
with grant funds and acquiring replacement real
property under the same program, the net proceeds
from the disposition may be used as an offset to
the cost of the replacement property.
(2) Sale of Property; sell the property and
compensate the CITY. The amount due to the CITY
will be calculated by applying the CITY'S
percentage of participation in the cost of the
original purchase to the proceeds of the sale
after deduction of any actual and reasonable
selling and fixing --up expenses. If the grant is
—22— 9 e3 " 515
still active, the net proceeds from sale may be
offset against the original cost of the property.
When the CONTRACTOR 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 CITY or
to a third -party designated/approved by the CITY.
The CONTRACTOR shall be paid an amount calculated
by applying; the CONTRACTOR'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 ;liven 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 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
HOPE
19 W. Flagler Street-Suite-214
Miami FL 33150
-23- 93- 515
(b) Title and paragraph headings are for convenient
reference and are not a part of this Agreement.
(c) In the event of conflict between the terms of this
Agreement and any terms or conditions contained in any
attached documents, the terms in this Agreement shall
control.
(d) No waiver or breach of any provision of this Agreement
shall constitute a waiver of any subsequent breach of
the same or any other provision hereof, and no waiver
shall be effective unless made in writing.
(e) Should any provisions, paragraphs, sentences, words or
phrases contained in this Agreement be determined by a
court of competent jurisdiction to be invalid, illegal
or otherwise unenforceable under the laws of the State
of Florida or the City of Miami, such provisions,
paragraphs, sentences, words or phrases shall be
deemed modified to the extent necessary in order to
conform with such laws, or if not modifiable to
conform with such laws, then same shall be deemed
severable, and in either event, the remaining terms
and provisions of this Agreement shall remain
unmodified and in full force and effect.
5.11 INDEPENDENT CONTRACTOR
CONTRACTOR and its employees and agents shall be deemed
to be independent CONTRACTOR and not agents or employees
-24-
J3- 515
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 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 provide such
additional information as may be required.
-25- 9 3 - 5 � 5
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:
14ATTY HIRAI
CITY CLERK
ATTEST:
CORPORATE SECRETARY
WITNESS:
APPROVED AS TO
INSURANCE REQUIREMENTS:
SUJAN S. CHHABRA, DIRECTOR
RISK MANAGEMENT DEPARTMENT
CESAR H. ODIO
CITY MANAGER
HOUSING OPPORTUNITIES PROJECT
FOR EXCELLENCE, INC.
19 WEST FLAGLER STREET
SUITE 214
MIAMI, FLORIDA 33130
PRESIDENT
SEAL
APPROVED AS TO FORM AND
CORRECTNESS:
A. QUINN JONES, III
CITY ATTORNEY
—26— 93-
CITY OF MIAMI, FLORIDA
I INTER -OFFICE MEMORAND
TO: Honorable Mayor and Members
of the City Commission
FROM
Ces 01na8er
dio
Cit
Recommendation:
CA=14
DATE August 5, 1993
FILE
SUBJECT Resolution Approving an
Agreement with HOPE, Inc.
REFERENCES:
City Commission Meeting
ENCLOSURES . o f Se p t e m b e r 7, 1 9 9 3
it is respectfully recommended that the City Commission approve
the attached resolution authorizing the City Manager to enter
into an agreement with Housing Opportunities Project for
Excellence, Inc., (MOPE), a Florida non-profit corporation, to
continue an administrative Grant in the amount of $50,000 to
implement fair housing enforcement and educational outreach
activities and investigate housing discrimination complaints in
the City of Miami.
BACKGROUND:
The Department of Community Development recommends that funding
be continued in the form of a grant for $50,000 with HOPE, Inc.,
for the implementation of fair housing enforcement and
educational programs within the City to assist residents
participating in the City's housing activities.
HOPE, Inc., is presently assisting the Dade County's Equal
Opportunity Board in investigating housing discrimination
complaints by individuals attempting to rent or purchase Dade
County residential units. The agency was established as a result
of the U. S. Department of Housing and Urban Development (HUD)
Title III Grant - to form a multi -ethnic private fair housing
agency in Dade County.
With the recommended allocation of $50,000, the agency can extend
its services to the federally funded City housing programs..
Attachment:
Resolution
C
14111-P