HomeMy WebLinkAboutR-92-0393J-92-492
6/11/92 ir
RESOLUTION NO. 9 2 `" 3 9 3
A RESOLUTION, WITH ATTACHMENT, ALLOCATING
$7,497 OF EIGHTEENTH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS PREVIOUSLY
APPROPRIATED BY ORDINANCE NO. 10955, ADOPTED
APRIL 2, 1992, TO HOLY CROSS DAY CARE CENTER,
INC., TO PROVIDE A CHILD CARE PROJECT IN THE
WYNWOOD TARGET AREA; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH SAJ
AGENCY FOR SAID PROJECT.
WHEREAS, the City Commission wishes t®alloca . — from
the Eighteenth Year Community Develop nt ek Gra Funds to
the Holy Cross Day Care Center, Inc. op e a child care
project in the Wynwood Targ a period of
July 1 - July 31, 1992; and
WHEREAS, the allocati of 497 resents one -twelfth of
the recommended level o unding of ,965 for the Wynwood Child
Care Project included i the Fina Statement; and
WHEREAS, t an of aforementioned allocation to
provide a ohil car ect in the Wynwood target area for the
perioZ�ZEFOR&
11 2 thr gh June 30, 1993 will be considered at
the JC mission Meeting;
BE IT RESOLVED BY THE COMMISSION OF THE CITY
ATTACHPAEN1
�0N'TAd a
CITY C0Vff4ISSI0x\v
OF
J UW 1 1 1992
liololution No,
92— 393
Rescinded by R-92-431
AM
W 0
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
Section.
Section 2. Funds in the amount of $7,497 of ig nth
Year Community Development Block Grant Funds previou
appropriated by Ordinance No. 10955, adopted Ap 2, , are
hereby allocated to the Holy Cross Day Care Ce Inc. o
operate a child care project in the Wynw 'a A the
period July 1, 1992 - July 31, 1992.
Section 3. The City Manag is eby horized to
execute an agreement, in substantia'll a ed form, with
the aforementioned agency to ynwood Target Area
Child Care Projeot, subje o conditions and limitations
contained herein and Ci ode.
Section 4. is Resolut shall become effective
immediately upon it doption.
PASSED SOP this tY- day of
COMMUNITY DEVELOPMENT DEPARTMENT
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Rescinded by R-92-431
92-- 393
M
BUDGETARY REVIEW:
--A
0
CITY CE MIAAI, FLORIDA
COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
THIS AGRE'Z'1EJT entered into this day of ,
19_, between the City of itiami, a municipal corporation of the
State of Florida, (hereinafter referred to as the "CITY"), and
CONTRACTOR, a Florida not for Profit corporation, (hereinafter
referred to as the "CONTRACTOR").
FUNDING SOURCE:
TERM OF THE AGREEMENT:
AMOUNT: VE14DOR NUMBER:
TAX IDENTIFICATION NO.:
EXECUTIVE DIRECTOR:
ADDRESS:
TELEPHONE NO.:
NQW, 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 vy the City prior to its execution and
must,be on file with the Department of Community Development:
1.1 Corporate Resolution authorizing execution of this
Agreement.
92- 39
1'.1 Mork Program (approved by the CITY).
The Work Program submitted by the CONPRACTOR to the CITY
will become an attachment to this agreement and shall
include the following:
1. A description of the work to be. performed; and
2. A schedule for completing the work;
These items shall be in sufficient detail to provide a sound
basis for the CITY to effectively monitor performance by the
CONTRAC•POR under this agreement.
1.3 Budget Summary, to include: completion of CONTRACTOR's
Program/Line-Item Budget/Expenditure Justification, Total
Actual and Projected Funds Disclosure, and Staff Salaries
Schedule (on forms supplied by the CITY); budget for
program -generated revenues; copies of all subcontracts
ana/or management services Ayreements 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); 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).
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1.6 Copy of CCNTRAJTOR's Article of incorporation, Cnarter and
Bylaws.
1.7 List of Present Principal Governing Board Officers arJ
Members of the Board (names, addresses and telephone
numbers) .
1.8 List of Key Staff Persons, with their titles, who will carry
out this program.
1.9 Completion of Authorized Representative Statement.
1.10 Completion of Statement of Accounting System.
1.11 A letter from an independent Certified Public Accountant
which expresses the opinion that the CONTRACTOR's internal
controls are adequate to safeguard the organization's
assets.
1.12 Copy of last Audit Report as performed by an independent
C.P.A.
1.13 Corporate Personnel Policies and Procedures.
1.14 Job Description and Resumes for all positions funded in
whole or in part under this Agreement.
1.15 Acceptance of Office of Management and Budget (OMB) Circular
A-110, Attachments "A" (Cash Depositaries), "B" (Bonding and
Insurance), "C" (Retention and Custodial Requirements for
Records), "F" (Standards for Financial Management Systems),
"H" (Monitoring and Reporting Progress Performance), "u"
(Property Management Standards), and "0" (Procurement
Standards), as modified by 24 CFR Part 570.502 (b),
"Applicability of Uniform Administrative Requirements," of
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the Community Development Block Grant (CDBG) Froyrs�r,
regulations, Final Rule, and provided as an attachment to
this Agreement (Attachment I).
1.16 Copy of last Income Tax Return (IRS Form 990) .
ARTICLE II
2.0 RECORDS TO BE MAINTAINED
2.1 CONTRACTOR shall establish anu maintain sufficient records
to enable the CITY to determine whether the CONTRACTOR has
met the requirements of this part. At a minimum, the
following records are needed:
(a) Records providing a full description of each activity
assisted (or being assisted) with CDBG funds, including
its location *(if the activity has a geographical —
locus), the amount of CDBG funds budgeted, obligated
and expended for the activity, and the provision in 24
CFR Subpart C under the CDBG Program regulations which
it is eligible.
(b) Records demonstrating that each activity undertaken
meets one of the criteria set forth in 24 CFR 570.208
of the CDBG Program regulations. where information on
income by family size is required, the CONTRACTOR may
substitute evidence establishing that the person
assisted qualified under another program having -income
I
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
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forth by 24 CFR 570.3; or the CONTRACTOR may substitute
a copy of a verifiable certification from the assisted
person that his or her family income does not exceed
the applicable income limit established in accordance
with 24 'CFR 570.3; or the CONTRACTOP, 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 act:vi-y 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 log: 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
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92- 393 I1
570.206 (a) (1) (ii);
(3) For each activity determined to benefit low and
moderate income persons because the activity
involves a facility or service designed for use by
a limited clientele consisting exclusively or
predominantly of low and moderate income persons:
(i) Documentation establishing that the facility
or service is designed for and used by senior
citizens, handicapped persons, battered
spouses, abused children, the homeless,
illiterate persons, or migrant farm workers,
for which the regulations provide presumptive
benefit to low and moderate income persons;
or
(ii) Documentation describing how the nature and,
if applicable, the location of the facility
or service establishes that it is used -
predominantly by low and moderate income
persons; or
(iii) Data showing the size and annual income of
the family of each person receiving the _
= benefit.
(c) Equal Opportunity Records containing:
(1) Data on the extent to which each racial and ethnic
group and single -headed households and ethnic -
group and single -headed households (by gender of r�
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household head) have ipplied for, participated in,
or benefited from, any program or activity funded
in whole cr it part �;ith CDBG funds. Such
information shall be used only as a basis for
further investigation as to compliance is required
to attain or maintain any particular statistical
measure by race, ethnicity, or gender in covered
programs.
(2) Documentation of actions undertaken to meet the
requirements of 24 CFR 570.607(b) which implements
section 3 of the Housing Development Act of 1968,
as amended (12 U.S.C. 1701U) relative to the
hiring and training of low and moderate income
persons and the use of local businesses.
(d) Financial records, in accordance with the applicable
requirements listed in 24 C"FR 570.502.
(e) Records required to be maintained in accordance with
other applicable laws and regulations set forth in
Subpart K of. 24 CFR.
2.2 As a necessary part of this Agreement, the CONTRACTOR shall
provide the following documents to the Department of
Community Development, in accordance with the requirements
of the Agreement:
A. Final Expenditure Report to be submitted no later -than
thirty (30) days after contract expiration.
B. Certified Independent Audit to be submitted sixty (60)
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R
days after contract: expiration. CCNTRAC7.ORS receivzzc
monies from the Department of Community Development
must allocatq in its buac;et sufficient funds to secure
an annual independent audit which must include the
expression of an opinion on the Contractor's financial
statements, and a compliance letter stating whether the
CONTRACTOR is in conformity with federal grant
regulations (Office of Management and Budget Circular
A-110 Attachment I). Said audit :rust be submitted no
later than sixty (60) days after the expiration of the
Community Based Organization Agreement with the
Department of Community Development. 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 .3t by
the Contractor at least three (3) years for audit
purposes.
ARTICLE III
3.0 PROCEDURES
3.1 TIME OF PERFORMANCE
The term of this Agreement shall be from July 1, 1992, to
June 30, 1993.
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Alk
3.2 CITY AUTHORIZATION'
For the purpose of this Agreement, the City of :tia.ni
Department of Community Development (hereinafter the
"DEPAMIE►IT") 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 anti its attachments constitute the only
Agreement of the parties hereto relating to said grant and
correctly sets forth the rights, duties, and obligations of
each to the other as of its date. Any prior agreements,
promises, negotiations, or representations not expressly set
forth in this Agreement are of no force or effect.
3.4 03LIGAT IO11 OF CONTRACTOR
The C014TRACTCR shall carry out the services as prescribed in
its Work Program (Attachment II), which is attached and
incorporated herein and made a part of this Agreement, in a
lawful, and proper manner, satisfactory to the CITY, in
accordance with the written policies, procedures, and
requirements as prescribed in this Agreement, as set forth
by the U.S. Department of Housing and Urban Development
(HUD) and the City of Miami Department of Community
Development.
3.5 POLICIES AND PROCEDURES MANUAL
CONTRACTOR is aware and accepts the Policies and Procedures
Manual (Attachment III) for Community Based Organizations as
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I 1b
the official document which outlines the fiscal,
administrative and Federal guidelines and which shall
.
regulate the day--to-day operations of the CONTRACTOR, whici)
is attached and incorporate herein and made a part of this
Agreement.
3.6 BONDING AND INSURANCE
C014TRACTOR 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 certificates of insurance and bonding indicating
that the CONTRACTOR is in compliance with the provisions of
this article.
CONTRACTOR shall provide the following coverages:
(a) Insurance coverage that reflects sound business
practices acceptable to the CITY's Department of Risk
Management.
(b) Fidelity bonding for all persons handling funds
received or disbursed under this Agreement in an amount
equal to or greater than the maximum amount of cash
held at any one time. CITY shall be a primary
additional insured on all insurance policies and there
shall be no exclusions in such policies to override the
CITY coverage.
(c) Current liability insurance shall be rated by A.M.
Best's as to "A" Classification and "V" as to financial
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(,6 92- 393
size.
Compliance with the foregoing requirements shall not relieve the
CONTRACTOR of its liability and obligations under this section or
under any other section of this Agreement.
3.7 LEVEL OF 3ERVICh
Should start-up time for a program be required or any delays
in service occur, the Department of Community Development is
to be notified in writing immediately, giving all pertinent
details and indicating when service shall begin and/or
continue. it is understood and agreed that the level of
services, activities, and expenditures by the CONTRACTOR, in
existence, prior to the initiation of services hereunder,
shall be continued and shall not be reduced in any way as a
result of this Agreement. Programs funded through this
Agreement shall not result in the displacement of employed
workers, impair existing contracts for services, or result
in the substitution of funds allocated under this Agreement
for other funds in connection with work which would have
been performed in the absence of this Agreement.
3.8 OTHER PROGRAM REQUIREMENTS
(a) CONTRACTOR shall carry out its Work Program in
compliance with all Federal laws and regulations
described in Subpart K of the CDBG Program regulation
(24 CPR 570.600-612), (Attachment I).
(b) CONTRACTOR shall not assume the CITY's environmental
responsibilities described at 24 CPR 570.604 of the
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3.9
3.10
CDBG Fro-jran, regulations, ano the CITY's responsioilitf
for initiating the review process under Executive Order.
12372 (attachment I).
PROGRAM INCOME
Pr gram 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 oe
prorated to reflect the percentage of CDBG funds used.
Program income generated by CDBG funded activities shall be
retained by CONTRACTOR and shall by used to only undertake
those activities specifically approved by the CITY on the
Work Program. All provisions of this Agreement shall apply
to such activities. Any program income on hand when the
Agreement expires or received after such expiration shall be
paid to the CITY, as required by 24 CFR 570.503(b)(8) of the
CDBG Program regulation.
CONTRACTOR shall submit a Program Income Report on a monthly
basis along with the required monthly Work Program Status
Report. The Program Income Report will identify CDBG
activities in which income was derived and how income has
been utilized.
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
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92- 393
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. =IiY
may carry out monitoring and evaluation activities,
including visits and observations by CITY staff; CONTRACTOR
shall ensure the cooperation of its employees and Board
members in such efforts. Any inconsistent, incomplete, or
inadequate information either received by the CITY or
obtained through monitoring and evaluation by the CITY,
shall constitute good cause for the CITY to terminate this
Agreement at any time thereafter.
ARTICLE IV
4.0 FUNDING
4.1 C0MPENSATION
A. CITY shall pay CONTRACTOR, as maximum compensation for
the services required pursuant to Article II hereof, $
S
B. CITY shall have the right to review and audit the time
records and related records of CONTRACTOR pertaining to
any payments by CITY.
C. With a written request from GRANTEE, CITY may advance
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92- 393 ,9 ,.
D.
,I
1 /6th of the appropriated funds to Contractor. ;he
advance shall be justified as follows: one-half (1/2)
in nine (9) equal installments commencing in the third
month of this Agreement and continuing through the
eleventh month of this Agreement; one-half (1/2) in
the twelfth and final month of this Agreement. This
method of justifying the advance may be amended by the
DEPARTMENT. Funds shall not be advanced by the CITY if
the CONTRACTOR is in defaults under this Agreement.
All payments shall be reimbursements for expenditures
incurred only during the term of this Agreement, and in
compliance with the previously approved Line -Item
Budget. Such written request shall contain a statement
declaring and affirming that all expenditures were made
in accordance with the approved budget. All
documentation in support of such request shall be
subject to approval by CITY at the time the request is
made and all invoices are required to be paid by
CONTRACTOR prior to submission. all reimbursements
must be in line -item form and be in accord with this
Agreement. All expenditures must be verified by
original invoice with a copy of the check which was
used to pay that specific invoice. Within 50* days of
submitting reimbursement request, copies of the
cancelled checks shall be submitted. In the event that
an invoice is paid by various funding sourcest a copy
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92- 393
ArN
of the invoice inay be submitted but must indicate the
exact amount paid by various funding sources equaling
the total of the invoice. No miscellaneous categories
shall be accepted as a line item in the budget.
Request for line -item changes are allowable, with pricy
review and approval by the CITY. All line --item changes
:rust be made prior to the end of the tern of the
Agreement.
E. Requests for payment should be made at least on a
monthly basis. Reimbursement requests should be
submitted to the CITY within thirty (30) calendar days
after the indebtedness has been incurred. Failure to
comply may result in the rejection for repayment of
those invoices within the reimbursement package which
do not meet this requirement.
F. CONTRACTOR must submit the final request for payment to
the CITY within 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.
G. Any payment due under this Agreement may be withheld
pending the receipt and approval by the CITY of all
reports due from the CONTRACTOR as a part of this
contract and any modifications thereto.
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! 4.2 FINANCIAL ACCCUNTABILI,Y
CITY reserves the right to audit the records of CONTRACTOP,
at any time during the performance of this Agreement and for
a period of three years after final payment is ;wade 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 relateu invoice which are found by
CITY, on the basis of such audit, not to constitute
allowable expenditures. Any payments made to CONTRACTOR
are subject to reduction for overpayments on previously
submitted invoices.
4.3 RECAPTURE OF FUNDS
CITY shall reserve the right to recapture funds when the
CONTRACTOR shall fail (i) to comply with the terms of this
Agreement or (ii) to accept conditions imposed by CITY at
the direction of the federal, state and local agencies.
4.4 CONTINGENCY CLAUSE
Funding for this Agreement is contingent on the availability
of funds and continued authorization for program activities
and is subject to amendment or termination due to lack of
funds or authorization, reduction of funds, and/or change in
regulations.
4.5 SEPARATION OF CHURCH/STATE
In accordance with First Amendment Church/State principles,
CDBG assistance may not be used for religious activities or
•f
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provided to primarily religious entities for any activities,
including Similar activities, as directed by 24 CFR
570.200(j). C011RACAOR shall comply with this provision
when entering into subcontracts.
ARTICLE V
5.0 GENERAL REQUIREMENTS
5.1 INDE'9NIFICAT ION
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 AMENDI4ENTS
No amendments to this Agreement shall be binding on either
panty unless in writing and signed by both parties.
5.3 OWNERSHIP OF DOCUMENTS
All documents developed by COtTRACTOR 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
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that all documents maintained and generated pursuant to this
contractual ,relationship between CITY and CONTRACTOR shall
be subject to all provisions of the Public Recor%J-�s Law,
Chapter 119, Florida Statutes (Attachment I).
It is further understood by and between the parties that any
document which is given by CITY to CONTRACTOR pursuant to
this Agreement shall at all time remain the property of CITY
and shall not be used by CONTRACTOR for any other purposes
whatsoever without the written consent of CITY.
5.4 AWARD OF AGREEMENT
CONTRACTOR warrants that it has not employed or retained any
person employed by the CITY to solicit or secure this
Agreement and that it has not offered to pay, paid, or
agreed to pay any person employed by the CITY any fee,
commission percentage, brokerage fee, or giArt 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 firmm.
5.6 CONSTRUCTION OF AGREEMENT
This Agreement shall be construed and enforced according to
the laws of the State of Florida.
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U
�.i OBLICATION TO RENEW
Upor expiraticn of the term cf this Agreement, CONTRACTOR
agrees and understands teat CITY has no obligation to renew
this Agreement.
5.8 TERMINATION OF CONTRACT
CITY retains the right to terminate this Agreement at any
time prior to the completion of the services required
pursuant to this Agreement without penalty to CITY. In that
event, notice of termination of this Agreement shall be in
writing to CONTRACTOR, who shall be paid for those services
performed prior to the date of its receipt to the notice of
termination. In no case, however, shall CITY pay CONTRACTOR
an amount in excess of the total sum provided by this
Agreement.
It is hereby understood by and between CITY and CONTRACTOR
that any payment made in accordance with this Section to
CONTRACTOR shall be made only if said CONTRACTOR is not in
default under the terms of this Agreement. If CONTRACTOR is
in default, then CITY shall in no way be obligated and
shall not pay to CONTRACTOR any sum whatsoever.
It is also understood that in accordance with 24 CFR 85.43-
44 of the CDBG rules and regulations, suspension or
termination may occur if CONTRACTOR fails to comply with any
term of this Agreement, or if the CITY deems it convenient
,to terminate it.
92- 393
5.9
5.10
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 tc 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.
GENERAL CONDITIONS
A. All notices or other communications which shall
or may be given pursuant to this Agreement shall
be in writing and shall be delivered by personal
service, or by registered mail addressed to the
either 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
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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 2
3500 Pan American Drive Address
!tiami, Fla. 33133 Miami, Fla. Zip
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
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this Agreement shall remain unmodified and in full
force and effect.
5.11 INDEPENDEUT 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 ASSIGN'S
This Agreement shall be binding upon the parties herein,
their heirs, executors, legal representatives, successors,
and assigns.
ARTICLE VI
6.0 CONTRACTOR CERTIFICATIONS
CONTRACTOR certifies that:
It possesses the legal authority to enter into this
Agreement by way of a resolution, motion, or similar action
that has been duly adopted or passed as an official act of
the CONTRACTOR's governing body, authorizing the execution
of the Agreement, including all understandings and
assurances contained herein, and directing and authorizing
the person identified as the official representative of the
CONTRACTOR to act in connection with the Agreement and to
if
' provide such additional information as may be required.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by the respective officials
thereunto duly authorized on the first date above written.
CITY OF MIAMI, a municipal
Corporation of the State of
Florida
ATTEST:
NATTY HIRAI CESAR H. ODIO
CITY CLERK ;.'ITY MANAGER
ATTEST: CONTRACTOR:
ADDRESS
CITY STATE ZIP
CORPORATE SECRETARY PRESIDENT
SEAL
GUARANTEE
I , in consideration of the City
of Miami's execution of the foregoing Agreement, the undersigned,
guarantee the performance of the terms and conditions in said
Agreement required to be performed by the CONTRACTOR including
but not limited to the provisions relating to default,
assurances, and certifications.
Dated this day of , 1991"
an individual
-23- 92- 393
individually
WITNESS:
APPROVED AS TO INSURANCE REQUIREMENTS:
INSURANCE COORDINATOR
APPROVED AS TO FORM AND CORRECTNESS:
A. QUIN14 JONES III
CITY ATTORNEY
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r
CITY OF MIAMI, FLORIDA 34
INFER -OFFICE MEMORANDUM
TO Honorable Mayor and Members D-TE April 27, 1992
of th City Commission
sua,ccT De Hostos Senior Center
Cesar H. Odio =
rRORA City Manager REPERE1,0ES
ENC,OSUUES
The purpose of this memorandum is provide follow-up information
regarding concerns brought to the attention of the City Commission
relating to the City funded De Hostos Senior Center operated by Holy
Cross Day Care Center, Inc.
1I The City contracts with Holy Cross Day Care Center, Inc. to operate
1 the De Hostos Senior Center, which provides multiple social services
i to elderly persons from the Wynwood target area. With the exception
I of hot meals provided by Catholic Community Services, the City's
allocation of $194,395 from Community Development Block Grant Funds
covers the total operation of the program. The current contract
period is July 1, 1991 through June 30, 1992 and the project has been
included in the Final Statement for the next C.D. Year at the same
—i,
level of funding.
At the time that the concerns of the community were addressed to the
City Commission, C.D. staff had performed a complete monitoring of
the program's performance for the period July 1, 1991 through
December 31, 1991. The monitoring report indicates that the program
had surpassed all but one of its contractual requirements for the
period assessed. The program's only shortcoming was in the area of
transportation units delivered due to mechanical problems the Agency
experienced with its bus.
Subsequent to the assessment, the program has experienced significant
changes in administration which have created an instability in the
organization which has indirectly impacted the elderly receiving
services at the Center. City staff have visited the program on
numerous occasions since these concerns were brought to the
administration and it is clear that the level of anxiety among the
elderly has increased due to the activities occurring at the Center.
The administration convened a public hearing to address the issues of
all parties involved in an attempt to resolve the concerns of the
elderly. As a follow-up to the public hearing, staff also held a
second meeting with key persons representing the Holy Cross Day Care
Center and a.newly created private non profit organization opposed to
the currently -funded agency .
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34/ -/
Honorable Mayor and
Members of the City Commission
Throughout these discussions, the City has maintained that its
concern is the provision of quality services to the elderly
population of the Wynwood area served at the De Hostos Center. It is
staff's determination that the Holy Cross Day Care Center, Inc. has
operated within the purview of its stated bylaws and personnel
policies.
At the same time, the experiences of the past few months have also
demonstrated that there are certain steps that the City
administration believes can be implemented to improve the services to
the elderly. Therefore, staff recommends the following actions be
taken by the Holy Cross Day Care Center:
Establish and Maintain an active Participant Advisory Board -
The Board must be sensitive to the needs of its constituency.
The elderly at the Center have expressed a desire to have more
participation in assessing their needs and solving their
problems. The Participant Advisory Board should be comprised of
elderly members of the Center who are elected by their peers.
The Participant Advisory Board will be a voice for the elderly
to speak directly to the Board of Directors regarding their
needs and concerns.
Staff Enrichment Training - During the various discussions, it
became apparent that there is a definite need for the program
staff to receive specialized training in dealing with the
elderly. Sensitivity, elderly intervention and clinical problem
solving are some areas that can be explored. A qualified and
experienced staff in service provision to the elderly ultimately
will impact positively on the quality of the services provided.
Implementation of the aforementioned recommendations will provide
positive actions to insure that the elderly are actively involved in
"their" program and will also be improve the quality of services to
elderly residents from the Wynwood area of the City of Miami.
92�- 393