HomeMy WebLinkAboutR-92-0459J-92-505
7/9/92 a
RESOLUTION NO. 9 2— 4 5 9
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO EXECUTE INDIVIDUAL
CONTRACTUAL AGREEMENTS, IN SUBSTANTIALLY THE
ATTACHED FORM, FOR THE PERIOD OF JULY 1
THROUGH SEPTEMBER 10, 1992, WITH THIRTEEN
(13) NEIGHBORHOOD ECONOMIC DEVELOPMENT
COMMUNITY BASED ORGANIZATIONS ("CBOS"), AND
NINE (9) NEIGHBORHOOD BASED HOUSING COMMUNITY
DEVELOPMENT CORPORATIONS ("CDCS"), FOR THE
AMOUNTS AS SPECIFIED HEREIN, TO IMPLEMENT
ECONOMIC DEVELOPMENT PROGRAMS AND TO
STIMULATE HOUSING AFFORDABLE TO LOW AND
MODERATE INCOME FAMILIES AND INDIVIDUALS IN
THE CITY OF MIAMI; ALLOCATING FUNDS THEREFOR
FROM THE EIGHTEENTH (18TH) YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM.
WHEREAS, the City Commission is committed to economic
development, the expansion of trade and commerce, and the
development of housing within the affordability range of families
and individuals of low and moderate income; 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 recognizes that participation
of both the public and private sector is necessary to foster the
development of housing; and
WHEREAS, the City Commission is desirous of continuing
neighborhood economic development programs with various CBOs, and
neighborhood based housing programs with various CDCS, and funds
ATTACHMENT (S)
CONTAINED I
CITY COMI+ SION
MEETING OF
JUL 09 IM
Resolution Na
92- 459
ii
are available from the Eighteenth (18th) Year Community
Development Block Grant Program for such purposes; and
WHEREAS, on March 12, 1992, the City Commission approved
Resolution No. 92-190.1 to fund neighborhood economic development
community based organizations and neighborhood based housing
community development corporations; and
WHEREAS, the City Commission has authorized the City Manager
to enter into agreements with thirteen (13) CBOs and nine (9)
CDCs for the period from July 1 through September 10, 1992; and
WHEREAS, at the September 10, 1992 meeting, the City
Commission will reevaluate each agency and reconsider their
funding for the remainder of the 1992-1993 contract year;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized to execute
thirteen (13) individual contractual agreements, in substantially
the attached form, for the period of July 1 through September 10,
1992, with the following community based organizations, for the
amounts as specified herein, for the purpose of implementing
Neighborhood Economic Development Programs, subject to approval
of each agency's work program by the U.S. Department of Housing
and Urban Development (HUD), with funds therefor hereby allocated
from the Eighteenth (18th) Year Community Development Block Grant
Program:
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CBO
AMOUNT
1.
Allapattah Business Development, Inc.
$ 9,863
2.
Coconut Grove Local Development
91863
Corporation, Inc.
3.
Downtown Miami Business Association, Inc.
9,863
4.
Edgewater Economic Development Corporation
91863
5.
Haitian Task Force, Inc.
9,863
6.
Latin Quarter Association, Inc.
9,863
7.
Little Havana Development Authority, Inc.
9,863
8.
Martin Luther King Economic Development
Corporation, Inc.
9,863
9.
New Washington Heights Community Development
Conference, Inc.
9,863
10.
Overtown Advisory Board
9,863
11.
Park West Association, Inc.
91863
12.
Small Business Opportunity Center, Inc.
9,863
13.
Wynwood Community Economic Development
Corporation, Inc.
9,863
Section 3. The City Manager is hereby authorized to execute
nine (9) individual contractual agreements, in substantially the
attached form, for the period of July 1 through September 10,
1992, with the following neighborhood based housing community
development corporations, for the amounts as specified herein,
for the purpose of undertaking activities to stimulate the
development of housing affordable to low and moderate income
families and individuals in the City of Miami, subject to
approval of each agency's work program by the U.S. Department of
Housing and Urban Development (HUD), with funds therefor hereby
allocated from the Eighteenth (18th) Year Community Development
Block Grant Program:
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CDC
1. Allapattah Business Development Authority
2. CODEC, Inc.
3. Little Haiti Housing Association
4. East Little Havana Community
Development Corporation
5. Florida Housing Cooperative, Inc.
6. Greater Miami Neighborhoods, Inc.
7. St. John Community Development Corporation
8. Tacolcy Economic Development Corporation
9. Wynwood Community Economic Development
Corporation
Section 4. This Resolution shall
immediately upon its adoption.
PASSED AND ADOPTED this 9th day of
CITY CLERK
COMMUNITY
NT REVIEW AND APPROVAL:
FRW CA`9TANEDA, DIRECTOR
DEPARTMENT OF COMMUNITY DEVELOPMENT
AMOUNT
$ 9,863
9,863
9,863
9,863
9,863
19,7Z6
9,863
9,863
9,863
become effective
July ,4-1,9 9 2 .
VIER & .,BUAREZ, MAY
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BUDCE74LRY REVIEW AND APPROVAL:
ASSISTANT CITY
FINANCIAL DEP
C GARCIA, DIRECTOR
DEP MENT OF FINANCE
PREPARED AND APPROVED BY:
CARMEN L. LEON'- )
ASSISTANT CITY ATTORNEY
D APPROVAL:
APPROVED AS TO FORM AND CORRECTNESS:
A QUAWJONEVI III
CITY ATTORN
BSS:baB:M3 1
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Arm
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: $
TAX IDENTIFICATION NO.:
EXECUTIVE DIRECTOR:
ADDRESS:
TELEPHONE NO.:
VENDOR NUMBER:
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.
1.1 Corporate Resolution authorising execution of this
Agreement.
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1.2 Work Program (approved by the CITY).
The Work Program submitted by the CONTRACTOR to the CITY
became an attachment to this agreement and shall include the
following:
1. A description of the work to be performed;
2. A schedule for completing the work; and
3. A budget.
These items shall be in sufficient detail to provide a sound
basis for the CITY to effectively monitor performance by the
CONTRACTOR under this agreement.
1.3 Budget Summary, to include: completion of CONTRACTOR's
Program/Line-Item Budget/Expenditure Justification, Total
Actual and Projected Funds Disclosure, and Staff Salaries
Schedule (on forms supplied by the CITY); budget for
program -generated revenues; copies of all subcontracts
and/or management services Agreements funded in whole or in
part under this Agreement.
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 authorised 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 CONTRACTOR'S Article of Incorporation, Charter and
Bylaws.
1.7 List of Present Principal Govetrning Board Officers and
Members of the Board (names, addresses and telephone
numbers).
1.8 List of Key Staff Persons, with their titles, who will carry
out this program.
1.9 Completion of Authorized Representative Statement.
1.10 Completion of Statement of Accounting System.
1.11 A letter from an independent Certified Public Accountant
which expresses the opinion that the CONTRACTOR's internal
controls are adequate to safeguard the organisation's
assets.
1.12 Copy of last Audit Report as performed by an independent
C.P.A.
1.13 Corporate Personnel Policies and Procedures.
1.14 Job Description and Resumes for all positions funded in
whole or in part under this Agreement.
1.15 Acceptance of Office of Management and Budget (OMB) Circular
A-110, Attachments "A" (Cash Depositaries), "B" (Bonding and
Insurance), "C" (Retention and Custodial Requirements for
Records), "F" (Standards for Financial Management Systems),
"H" (Monitoring and Reporting Progress Performance), "N"
(Property Management Standards), and "0" (Procurement
Standards), as modified by 24 CFR Part 570.502 (b),
"Applicability of Uniform Administrative Requirements," of
the Community Development Block Grant (CDBG) Program
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regulations, Final Rule, and provided as an attachment to
this Agreement (Attachment I).
1.16 Copy of last Income Tax Return (IRS Form 990).
ARTICLE II
2.0 RECORDS TO BE MAINTAINED
2.1 CONTRACTOR shall establish and maintain sufficient records
to enable the CITY to determine whether the CONTRACTOR has
met the requirements of this part. At a minimum, the
following records are needed:
(a) Records providing a full description of each activity
assisted (or being assisted) with CDBG funds, including
its location (if the activity has a geographical
locus), the amount of CDBG funds budgeted, obligated
and expended for the activity, and the provision in 24
CFR Subpart C under the CDBG Program regulations which
it is eligible.
(b) Records demonstrating that each activity undertaken
meets one of the criteria set forth in 24 CFR 570.208
of the CDBG Program regulations. Where information on
income by family size is required, the CONTRACTOR may
substitute evidence establishing that the person
assisted qualified under another program having income
qualification criteria at least as restrictive as that
used in the definitions of "low and moderate income
person" and "low and moderate income household" as set
forth by 24 CPR 570.3; or the CONTRACTOR may substitute
a copy of a verifiable certification from the assisted
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person that his or her `family income does not exceed
the applicable income limit established in accordance
with 24 CFR 570.3; or the CONTRACTOR may substitute a
notice that the assisted person is a referral from a
state, to refer individuals it determines to be low and
moderate income persons based on HUD's criteria and
agrees to maintain documentation supporting these
determinations. Such records shall include the
following information.
(1) For each activity determined to benefit low and
moderate income persons, the income limits applied
and the point in time when the benefit was
determined.
(2) For each activity determined to benefit low and
moderate income persons based on the area served
by the activity:
(i) The boundaries of the service area;
(ii) The income characteristics of families and
unrelated individuals in the service area;
- and
(iii)If the percent of low and moderate income
persons in the service area is less than 51
percent, data showing that the area qualifies
- under the exception criteria set forth at
570.208(a)(1)(ii);
(3) For each activity determined to benefit lox and
moderate income persons based on the creation of
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jobs, the recipient shall provide the
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
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to ensure that low and moderate
income 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.
(i.i) 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
M 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 in 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 at the time the CDBG
assistance is provided. Where applicable,
identification of any of the retained jobs
(otlier than those known to be held by low and
moderate income persons) which are projected
to become available to low and moderate
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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
lox 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
first consideration was given to such persons
for those jobs shall also be included in the
record.
(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;
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(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) For each activity determined to aid in the
prevention or elimination of slums or blight based
on addressing slums or blight in an urban renewal
area, a copy of the Urban Renewal flan, as in
effect at the time the activity is carried out,
including maps an supporting documentation.
(a) Records which demonstrate compliance with 24
CPR 570.505 regarding any change of use of
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real property acquired or improved with CDBQ
assistance.
(b) Records which demonstrate compliance with the
requirements in 570.606 regarding
acquisition, displacement, relocation, and
replacement housing.
(C) Equal Opportunity Records containing:
0) 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 CDBQ funds, data indicating which of
those entities are women's business enterprises as
defined in Executive Order 121389 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 enhance opportunities for these
enterprises and special outreach efforts to inform
them of contract opportunity. Such steps shall
not include preferring any business in the award
of any contract or subcontract solely or in part
on the basis of race or gender.
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AV
(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 pert with CDBC 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 CPR 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 CFII 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:
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A - Final Expenditure Report to be submitted no later than
thirty M) days after contract expiration.
B. Certified Independent Audit to be submitted one hundred
twenty (120) days alter end of 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). The City of Miami's
Department of Internal Audits and Reviews shall have
the authority to review CONTRACTOR's records, including
programmatic records and books of account, for a period
of up to three (3) years from the termination date of
the Agreement. All books of account and supporting
documentation should be kept by the Contractor at least
three (3) years for audit purposes.
ARTICLE III
3.0 PROCEDURES
3.1 TIME OF PERFORMANCE
The term of this Agreement shall be from July 1, 1992, to
June 30, 1993.
3.2 CITY AUTHORIZATION
For the purpose of this Agreement, the City of Miami
Department of Community Development (hereinafter the
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92- 459
"DEPARTMENT") will act on behalf of the CITY in the fiscal
control, programmatic monitoring, and modification of this
Agreement, except as otherwise provided by this Agreement.
3.3 ENTIRE AGREEMENT
This instrument and its attachments constitute the only
Agreement of the parties hereto relating to said grant and
correctly sets forth the rights, duties, and obligations of
each to the other as of its date. Any prior agreements,
promises, negotiations, or representations not expressly set
forth in this Agreement are of no force or effect.
3.4 OBLIGATION OF CONTRACTOR
The CONTRACTOR shall carry out the services as prescribed in
its Work Program (Attachment II), which is attached and
incorporated herein and made a part of this Agreement, in a
lawful, and proper manner, satisfactory to the CITY, in
accordance with the written policies, procedures, and
requirements as prescribed in this Agreement, as set forth
by the U.S. Department of Housing and Urban Development
(11UD) 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 Organisations 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 wade a part of this
Agreement.
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92-- 459
AftL
3.6 BOLDING 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
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.
(d) Contractor shall provide the CITY with proof of
Automobile Liability Coverage in an amount of not less
than $100,000 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
requirement.
Compliance with the foregoing requirements shall not relieve the
CONTRACTOR of its liability and obligations under this section or
under any other section of this Agreement.
3.7 LEVEL OF SERVICE
Should start-up time for a program be required or any delays
in service occur, the Department of Community Development is
to be notified in writing immediately, giving all pertinent
details and indicating when service shall begin and/or
continue. It is understood and agreed that the level of
services, activities, and expenditures by the CONTRACTOR, in
existence prior to the initiation of services hereunder,
shall be continued and shall not be reduced in any way as a
result of this Agreement. Programs funded through this
Agreement shall not result in the displacement of employed
workers, impair existing contracts for services, or result
in the substitution of funds allocated under this Agreement
for other funds in connection with work which would have
been performed in the absence of this Agreement.
3•8 OTHER PROGRAM REQUIREMENTS
(a) CONTRACTOR shall 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.
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(b) 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).
(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).
3.9 PROGRAM INCOME
Program income means gross income received by the CONTRACTOR
which has been directly generated via the use of CDBG funds.
When such income is generated by an activity that is only
partially assisted with CDBG funds, the income shall be
prorated to reflect the percentage of CDBG funds used.
Program income generated by CDBG funded activities shall be
retained by CONTRACTOR and shall by used to only undertake
those activities specifically approved by the CITY on the
Work Program. All provisions of this Agreement shall apply
to such activities. Any program income on hand when the
Agreement expires or received after such expiration shall be
paid to the CITY, as required by 24 CFR 570.503(b)(8) of the
CDBG Program regulation.
CONTRACTOR shall submit a Program Income Report on a monthly
basis along with the required monthly Work Program Status
Report. The Program Income Report will identify CDBG
activities in which income was derived and how income has
been utilised.
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92- 459
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's official policy on
specified issues relating to CONTRACTOR's activities. CITY
may carry out monitoring and evaluation activities,
including visits and observations by CITY staff; CONTRACTOR
shall ensure the cooperation of its employees and Board
members in such efforts. Any inconsistent, incomplete, or
inadequate information either received by the CITY or
obtained through monitoring and evaluation by the CITY,
shall constitute good cause for the CITY to terminate this
Agreement at any time thereafter.
ARTICLE IV
4.0 FUNDING
4.1 COMPENSATION
A. CITY shall pay CONTRACTOR, $ as maximum
compensation for the services provided during the term
of this agreement. The CITY shall compensate the
CONTRACTOR for all expenditures made in accordance with
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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 required to be paid by
CONTRACTOR prior to submission. All reimbursements
must be in line -item form and be in accord with this
Agreement. All expenditures must be verified by
original invoice with a copy of the check which was
used to pay that specific invoice. Within 60 days of
submitting reimbursement request, copies of the
cancelled checks shall be submitted. In the event that
an invoice is paid by various funding sources, a copy
of the invoice may be submitted but must indicate the
exact amount paid by various funding sources equaling
the total of the invoice. No miscellaneous categories
shall be accepted as a line item in the budget.
Request for line -item changes are allowable, with prior
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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 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.
E. CONTRACTOR must submit the final request for payment to
the CITY within 30 calendar days fallowing 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 muy 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 REVENUES:
CONTRACTOR is required to generate revenues in the amount of
sixteen thousand five hundred dollars ($16,500, by June 30,
1993, from approved revenue generating projects. These
funds are to be used in lieu of an advance on the fiscal
1993-94 City contract and to offset any other administrative
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expense not paid by the City CDBG grant. Funds generated by
grants (federal, state and local) will be considered
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
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.
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92- 459
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 similar 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
from and against any and all claims, liabilities, losses,
and causes of action which may arise out of CUNTRACTUR'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.
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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 generated pursuant to this
contractual relationship between CITY and CONTRACTOR shall
be subject to all provisions of the Publid Records Law,
Chapter 119, Florida Statutes (Attachment I).
It is further understood by and between the parties that any
document which is given by CITY to CONTRACTOR pursuant to
this Agreement shall at all time remain the property of CITY
and shall not be used by CONTRACTOR for any other purposes
whatsoever without the written consent of CITY..
5.4 AWARD OF AGREEMENT
CONTRACTOR warrants that it has not employed or retained any
person employed by the CITY to solicit or secure this
Agreement and that it has not offered to pay, paid, or
agreed to pay any person employed by the CITY any fee,
commission percentage, brokerage fee, or gift of any kind
contingent upon or resulting •from the award of this
Agreement.
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5.5 NON-DELEGABILITY
The obligations undertaken by the CONTRACTOR pursuant to
this Agreement shall not be delegated or assigned to any
c:. -
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.
5.7 OBLIGATION TO RENEW
Upon expiration of the term of this Agreement, CONTRACTOR
agrees and understands that CITY has no obligation to renew
this Agreement.
5.8 TERMINATION OF CONTRACT
CITY retains the right to terminate this Agreement at any
time prior to the completion of the services required
pursuant to this Agreement without penalty to CITY. In that
event, notice of termination of this Agreement shall be in
writing to CONTRACTOR, who shall be paid for those services
performed prior to the date of its receipt to the notice of
termination. In no case, however, shall CITY pay CONTRACTOR
an amount in excess of the total sum provided by this
Agreement.
It is hereby understood by and between CITY and CONTRACTOR
that any payment made in accordance with this Section to
CONTRACTOR shall be made only if said CONTRACTOR is not in
default under the terms of this Agreement. If CONTRACTOR is
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=-
5.7 OBLIGATION TO RENEW
Upon expiration of the term of this Agreement, CONTRACTOR
agrees and understands that CITY has no obligation to renew
this Agreement.
5.8 TERMINATION OF CONTRACT
CITY retains the right to terminate this Agreement at any
time prior to the completion of the services required
pursuant to this Agreement without penalty to CITY. In that
event, notice of termination of this Agreement shall be in
writing, to CONTRACTOR, who shall be paid for those services
performed prior to the date of its receipt to the notice of
termination. In no case, however, shall CITY pay CONTRACTOR
an amount in excess of the total sum provided by this
Agreement.
It is hereby understood by and between CITY and CONTRACTOR
that any payment made in accordance with this Section to
CONTRACTOR shall be made only if said CONTRACTOR is not in
default under the terms of this Agreement. If CONTRACTOR. is
in default, then CITY shall in no way be obligated and
shall not pay to CONTRACTOR any sum Whatsoever.
It is also understood that in accordance with 24 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- 92- 459
A. All notices or other communications which shall or may
be given pursuant to this Agreement shall be in writing
and shall be delivered by personal service, or by
registered mail addressed to the other party at the
address indicated herein or as the same may be changed
from time to time. Such notice shall be deemed given
on the day on Which 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 Overflow
3500 Pan American Drive Address
Miami, 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 Kiami, such provisions,
-26- 5 2- 459
AF�
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 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 YI
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, authorising the execution
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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 WHEREOF, the parties hereto have caused this -
instrument to be executed by the respective officials
thereunto duly authorized on the first date above written.
CITY OF MIAMI, a municipal
Corporation of the State of
Florida
ATTEST:
MATTY HIRAI
CITY CLERK
ATTEST:
CORPORATE SECRETARY
WITNESS:
APPROVED AS TO
INSURANCE REQUIREMENTS:
SUJAN S. CHHABRA, DIRECTOR
RISK MANAGEMENT DEPARTMENT
CESAR H. ODIO
CITY MANAGER
CONTRACTOR:
ADDRESS
CITY STATE ZIP
PRESIDENT
SEAL
APPROVED AS TO FORM AND
CORRECTNESS:
A. QUINN JONES, III
CITY ATTORNEY
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y2- 459
CITY OF MIAMI, FLORIDA
HOUSING 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
CONTRACTOR, a Florida not for profit corporation, (hereinafter
referred to as the "CONTRACTOR").
FUNDING SOURCE:
TERM OF THE AGREEMENT:
AMOUNT: $ VENDOR NUMBER:
TAX IDENTIFICATION NO.:
EXECUTIVE DIRECTOR:
ADDRESS:
TELEPHONE NO.:
NOW, THEREFORE, in consideration of the mutual covenants and
obligations herein set forth, the parties understand and agree as
follows:
ARTICLE I
1.0 BASIC REQUIREMENTS
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 and shall include the
following:
1. A description of the work to be performed;
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2. A schedule for completing the work; and
3. A budget.
These items shall be in sufficient detail to provide a sound
basis for the CITY to effectively monitor performance by the
CONTRACTOR under this agreement.
1.3 Budget Summary, to include: completion of CONTRACTOR's
Program/Line-Item Budget/Expenditure Justification, Total
Actual and Projected Funds Disclosure, and Staff Salaries
Schedule (on forms supplied by the CITY); budget for
program -generated revenues; copies of all subcontracts
and/or management services Agreements funded in whole or in
part under this Agreement.
1.4 Certificate of Insurance which reflects CONTRACTOR's
current liability insura:.=e, 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).
1.6 Copy of CONTRACTOR's Article of Incorporation, Charter and
Bylaws.
1.7 List of Present Principal Governing Board Officers and
Members of the Board (names, addresses and telephone
numbers).
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It 4
1.8 List of Key Staff Persons, with their titles, who will carry
out this program.
1.9 Completion of Authorized Representative Statement.
1.10 Completion of Statement of Accounting System.
1.11 A letter from an independent Certified Public Accountant
which expresses the opinion that the CONTRACTOR's internal
controls are adequate to safeguard the organization's
assets.
1.12 Copy of last Audit Report as performed by an independent
C.P.A.
1.13 Corporate Personnel Policies and Procedures.
1.14 Job Description and Resumes for all positions funded in
whole or in part under this Agreement.
1.15 Acceptance of Office of Management and Budget (OMB) Circular
A-110, Attachments "A" (Cash Depositaries), "B" (Bonding and
Insurance), "C" (Retention and Custodial Requirements for
Records), "F" (Standards for Financial Management Systems),
"H" (Monitoring and Reporting Progress Performance), "N"
(Property Management Standards), and 110" (Procurement
Standards), 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).
1.16 Copy of last Income Tax Return (IRS Form 990).
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Is 0
ARTICLE II
2.0 RECORD.$ TO BE MAINTAINED
2.1 CONTRACTOR shall establish and maintain sufficient records
to enable the CITY to determine whether the CONTRACTOR has
met the requirements of this part. At a minimum, the
following records are needed:
(a) Records providing a full description of each activity
assisted (or being assisted) with CDBG funds, including
its location (if the activity has a geographical
locus), the amount of CDBG funds budgeted, obligated
and expended for the activity, and the provision in 24
CFR Subpart C under the CDBG Program regulations which
it is eligible.
(b) Records demonstrating that each activity undertaken
meets one of the criteria set forth in 24 CFR 570.208
of the CDBG Program regulations. Where information on
income by family size is required, the CONTRACTOR may
substitute evidence establishing that the person
assisted qualified under another program having income
qualification criteria at least as restrictive as that
used in the definitions of "low and moderate income
person" and "low and moderate income household" as set
forth by 24 CFR 570.3; or the CONTRACTOR may substitute
a copy of a verifiable certification from the assisted
person that his or her family income does not exceed
the applicable income limit established in accordance
with 24 CFR 570.3; or the CONTRACTOR may substitute a
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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 (Attachment I).
(1) For each activity determined to benefit low and
moderate income persons, the income limits applied
and the point in time when the benefit was
determined.
(2) For each activity carried out for the purpose of
providing or improving housing which is determined
to benefit low and moderate income persons:
(i) A copy of a written agreement with each
landlord or developer receiving CDBG
assistance indicating the total number of
dwelling units in each multifamily structure
assisted and the number of those units which
will be occupied by low and moderate income
households after assistance;
(ii) The total cost of the activity, including
both CDBG and non-CDBG funds.
(iii)For each unit occupied by low and moderate
income household, the size and income of the
household;
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92- 459
1
(iv) For rental housing only:
(A) The rent charged (or to be charged)
after assistance for each dwelling unit
in each structure assisted; and
(B) Such information as necessary to show
the affordability of units occupied (or
to be occupied) by low and moderate
income households pursuant to criteria
established and made public by the
recipient;
(v) For each property acquired on which there are
no structures, evidence of commitments
ensuring that the criteria in 570.208(a)(3)
will be met when the structures are built;
and
(vi) Where applicable, records demonstrating that
the activity qualifies under the special
conditions at 570.208(a)(3)(i).
(3) For each activity determined to aid in the
prevention or elimination of slums or blight based
on addressing one or more of the conditions which
qualified an area as a slum or blighted area;
(i) The boundaries of the area; and
(ii) A description of the conditions which
qualified the area at the time of its
designation in sufficient detail to
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OZ,
92- 459
N
demonstrate how the area met the criteria in
570.208(b)(1).
(4) For each residential rehabilitation activity
determined to aid in the prevention or elimination
of slums or blight in a slum or blighted area:
(i) The local definition of "substandard";
(ii) A pre -rehabilitation inspection report
describing the deficiencies in each structure
to be rehabilitated; and
(iii)Details and scope of CDBG assisted
rehabilitation, by structure.
(5) For each activity determined to aid in the
prevention or elimination of slums 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.
(6) For each activity determined to aid in the
prevention or elimination of slums or blight based
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92- 459 �3
on addressing slums or blight in an urban renewal
area, a copy of the Urban Renewal Plan, as in
effect at the time the activity is carried out,
including maps an supporting documentation.
(i) Records which demonstrate compliance with 24
CFR 570.505 regarding any change of use of
real property acquired or improved with CDBG
assistance.
(ii) Records which demonstrate compliance with the
requirements in 570.606 regarding
acquisition, displacement, relocation, and
replacement housing.
(iii)Fair housing and equal opportunity records
containing:
(A) Documentation of the actions the
recipient has carried out with its
housing and Development and Housing
Conservation and other resources to
remedy or ameliorate any conditions
limiting fair housing choice in the
recipient's community, and documentation
of any other official actions the
recipient has taken which demonstrate
its support for fair housing, such as
development of a fair housing analysis
described.in 24 CFR 570.904(c).
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(B) Data on the extent to which each racial
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 with
nondiscrimination requirements. No
recipient is required to attain or
maintain any particular statistical
measure by race, ethnicity, or gender in
covered programs.
(C) Data on employment in each of the
recipients operating units funded in
whole or in part with CDBG funds, with
such data maintained in the categories
prescribed on the Equal Employment
Opportunity Commission's EEO-4 form; and
documentation of any actions undertaken
to assure equal employment opportunities
to all persons regardless of race,
color, national origin, sex or handicap
in operating units funded in whole or in
part under this part.
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92- 459
(B) Data on the extent to which each racial
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 with
nondiscrimination requirements. No
recipient is required to attain or
maintain any particular statistical
measure by race, ethnicity, or gender in
covered programs.
(C) Data on employment in each of the
recipients operating units funded in
whole or in part with CDBG funds, with
such data maintained in the categories
prescribed on the Equal Employment
Opportunity Commission's EEO-4 form; and
documentation of any actions undertaken
to assure equal employment opportunities
to all persons regardless of race,
color, national origin, sex or handicap
in operating units funded in whole or in
part under this part.
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92- 459
IP 0
(D) Data indicating the race and ethnicity
of households (and gender of single
(F)
(F)
heads of households) displaced as a
result of CDBG funded activities,
together with the address and census
tract of the housing units to which each
displaced household relocated. Such
information shall be used only as a
basis for further investigation as to
compliance with nondiscrimination
requirements. No recipient is required
to attain or maintain any particular
statistical measure by race, ethnicity,
or gender in covered programs.
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.
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,
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) �O 92- 459
N
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 enhance
opportunities for these enterprises and
special outreach efforts to inform them
of contract opportunity. Such steps
shall not include preferring any
business in the award of any contract or
subcontract solely or in part on the
basis of race or gender.
(iv) Financial records, in accordance with the
applicable requirements listed in 24 CFR 570.502.
(v) Agreements and other records related to lump sum
disbursements to private financial institutions
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92- 459
for financing rehabilitation as prescribed in 24
CFR 570.513; and
(vi)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
Development and Housing Conservation, 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)
days after contract expiration. CONTRACTORS receiving
monies from the Department of Development and Housing
Conservation must allocate in its budget sufficient
funds to secure an annual independent audit which must
include the expression of an opinion on the
Contractor's financial statements, and a compliance
letter stating whether the CONTRACTOR is in conformity
with federal grant regulations (Office of Management
and Budget Circular A-110). Said audit must be
submitted no later than sixty (60) days after the
expiration of the Community Based Organization
Agreement with the Department of Development and
Housing Conservation. The City of Miami's Department
of Internal Audits and Reviews shall have the authority
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92- 459
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 Judy 1. 1992, to
June_30. 1993.
3.2 CITY AUTHORIZATION
For the purpose of this Agreement, the City of Miami
Department of Development and Housing Conservation
(hereinafter the "DEPARTMENT") will act on behalf of the
CITY in the fiscal control, programmatic monitoring, and
modification of this Agreement, except as otherwise provided
by this Agreement.
3.3 ENTIRE AGREEMENT
This instrument and its attachments constitute the only
Agreement of the parties hereto relating to said grant and
correctly sets forth the rights, duties, and obligations of
each to the other as of its date. Any prior agreements,
promises, negotiations, or representations not expressly set
forth in this Agreement are of no force or effect.
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3.4 Q}3�IA''ION OE CQNTRA=
The CONTRACTOR shall carry out the services as prescribed in
its Work Program (Attachment I1), 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 Departmen of Development and
Housing Conservation.
3.5 POLICIES AND PROCEDURES MANUAL
CONTRACTOR is aware and accepts the policies and procedures
manual (Attachment III) for Community Based Organizations 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 certificates of insurance and bonding indicating
that the CONTRACTOR is in compliance with the provisions of
this article.
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92-- 459
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 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
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.. LPL OF SERVICE
Should start-up time for a program be required or any delays
in service occur, the Department of Development and Housing
Conservation is to be notified in writing immediately,
giving all pertinent details and indicating when service
shall begin and/or continue. It is understood and agreed
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. all
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 PROQRAM REQUIREMENTS
(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 regulation
24 CFR 570.600-612, (Attachment I).
(c) CONTRACTOR shall not assume the CITY's environmental
responsibilities described at 24 CFR 570.604 of the
s
CDBG Program regulations, and the CITY's responsibility
s
for initiating the review process under Executive Order
12372 (Attachment I).
t
' 3.9 PROGRAM INCQME
s�
Program income means gross income received by the CONTRACTOR
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92- 459
ra
1 'i
which has been directly generated via the use of CDBG funds.
When such income is generated by an activity that is only
partially assisted with CDBG funds, the income shall be
prorated to reflect the percentage of CDBG funds used.
Program income generated by CDBG funded activities shall be
retained by CONTRACTOR and shall by used to only undertake
those activities specifically approved by the CITY on the
Work Program. All provisions of this Agreement shall apply
to such activities. Any program income on hand when the
Agreement expires or received after such expiration shall be
paid to the CITY, as required by 24 CFR 570.503(b)(8) of the
CDBG Program regulation.
CONTRACTOR shall submit a Program Income Report on a monthly
basis along with the required monthly Work Program Status
Report. The Program Income Report will identify CDBG
activities in which income was derived and how income has
been utilized.
3.10 REPORTS, 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.
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92- 459
At the request of CITY, CONTRACTOR shall transmit to CITY
written statements of CONTRACTOR's official policy on
specified issues relating to CONTRACTOR's activities. CITY
may carry out monitoring and evaluation activities,
including visits and observations by CITY staff; CONTRACTOR
shall ensure the cooperation of its employees and Board
members in such efforts. Any inconsistent, incomplete, or
inadequate information either received by the CITY or
obtained through monitoring and evaluation by the CITY,
shall constitute good cause foz the CITY to terminate this
Agreement at any time thereafter.
ARTICLE IV
4.0 FUNDING
4.1 COMPENSATION
(a) CITY shall pay CONTRACTOR, as maximum compensation for
the services required pursuant to Article II hereof,
(b) CITY shall have the right to review and audit the
time records and related records of CONTRACTOR
pertaining to any payments by CITY.
(c) 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
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documentation in support of such request shall be
subject to approval by CITY at the time the request is
made and all invoices are required to be paid by
CONTRACTOR prior to submission. All reimbursements
must be in line -item form and be in accord with this
Agreement. All expenditures must be verified by
original invoice with a copy of the check which was
used to pay that specific invoice. Within 60 days of
submitting reimbursement request, copies of the
cancelled checks shall be submitted. In the event that
an invoice is paid by various funding sources, a copy
of the invoice may be submitted but must indicate the
exact amount paid by various funding sources equaling
the total of the invoice. No miscellaneous categories
shall be accepted as a line item in the budget.
Request for line -item changes are allowable, with prior
review and approval by the CITY. All line -item changes
must be made prior to the end of the term of the
Agreement.
(d) 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.
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(e) CONTRAi-:OR must submit the final request for payment to _
the CITY within IQ 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 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 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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Agreement or (ii) to accept conditions imposed by CITY at
the direction of the federal, state and local agencies.
4.4 ONTINGENCY_ LANSE
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%S. ;ATE
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.
ARTICLE V
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
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OAS
fees, expenses,
and
liabilities
incurred by the CITY in the
defense of any
such
claims or in
the investigation thereof.
5.2 VDMENTS
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 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.
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
-22- 92- 459
x1h
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 COONSTRQQTION OLAGREEMENT
This Agreement shall be construed and enforced according to
the laws of the State of Florida.
5.7 OBLIGATION TO RENEW
Upon expiration of the term of this Agreement.. CONTRACTOR
agrees and understands that CITY has no obligation to renew
y
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
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92- 459
a
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.
5.9 AVERSION 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 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
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92- 459
a ��
attributable to expenditures of non-CDBG funds for
acquisition of, or improvements to, the property.
5.10 GENERi►T' CONDITIONS
(a) All notices or other communications which shall or may
be given pursuant to this .Agreement shall be in writing
and shall be delivered by personal service, or by
registered mail addressed to the other party at the
address indicated herein or as the same may be changed
from time to time. Such notice shall be deemed given
on the day on which 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
(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
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92- 459
i 3i
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 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 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
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92— 459
so
681
t/
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 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 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
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92W- 459
32-
I
-
LE;
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
that 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
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.
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9?- 459
33
N
•
ATTEST:
MATTY HIRAI
CITY CLERK
ATTEST:
CORPORATE SECRETARY
SWAN S. CHHABRA, DIRECTOR
RISK .MANAGEMENT DEPARTMENT
CITY OF MIAMI, a municipal
Corporation of the State of
Florida
CESAR H. ODIO
CITY MANAGER
PRESIDENT
SEAL
APPROVED AS TO FORM AND CORRECTNESS:
A. QUINN JONES III
CITY ATTORNEY
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92s- 459
r7
CiTY OF MIAMI, FLORIDA
ff�
To : Matty Hirai 1992 NOV -9 A1411= 11 J 92-so 5
DATE November 6, 1992 FILE - J 92-68 1
City Clerk
0" Of
FROM : MArney
ones, III
Ci
MATTY HIRAI
CITY CLEW -OBJECT Resolution No. 92-459 and
CITY OF NIAMI, FLA. Resolution No. 92-549
REFERENCES Community Based Organizations/
Community Development Corps.
ENCLOSURES: ( 2 )
Resolution No. 92-459 and Resolution No. 92-849 were adopted
by the City Commission on July 9th and September loth, 1992,
respectively. Both Resolutions deal with the execution of
agreements and funding for Neighborhood Economic Development
Community Based Organizations ("CBOs") and Neighborhood Based
Housing Community Development Corporations ("CDCs") for specific
periods of time.
Unfortunately, the agreements and the funding for the CDCs
were not addressed in the legislation originally prepared and
subsequently executed by the Mayor. Since a review of the
transcripts from the meetings definitely reflects that the
agreements and the funding of both the CBOs and CDCs were the
intent of the City Commission, we have prepared the attached
corrected legislation.
Please discard the legislation presently in your possession
and substitute both items with the attached corrected
Resolutions.
BSS:P862
oo: Frank Casteneda, Director
Department of Community Development
Jeff Hepburn, Assistant Director
Department of Development and Housing Conservation
92- 459
Alk
CITY OF FLORIDA
INTER -OFFICE MEMORANDUM
The Honorable Mayor and
Members of the City Commission
ZION!
Cesar H . Odio l �.," �
City Manager S
RECOMMENDATION:
DATEE '�� I V ���Z FILE
J u, L
SUBJECT Agreement with Community
Based Organizations for
Fiscal Year 1992-1993
REFERENCES
City Commission Agenda
ENCLOSURES July 9, 1992
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 fiscal year 1992-1993 contract
period to be funded from Eighteenth (18th) Year Community
Development Block Grant funds.
BACKGROUND:
Pursuant to Resolution No. 92-190.1 adopted by the City Commission
at the meeting of March 12, 1992, fourteen (14) neighborhood
economic development organizations will be funded during fiscal year
1992-1993. The Department of Community Development (DCD) is hereby
requesting authorization to enter into individual contracts with
those aforementioned economic development Community Based Organi-
zations (CBQs) for fiscal year 1992-1993 beginning July 1, 1992
through June 30, 1993.
Based on the recommendation of the Community Development Advisory
Board, three (3) new agencies will be funded (Overtown Advisory
Board, Edgewater CDC and Park West Association), and two (2)
(Wynwood Community Economic Development Corp. and Martin Luther King
Economic Development Corp.) will double their previous funding
allocation to include physical project -related costs. For these two
agencies, the administrative budget will remain at $50,000, the same
level as the other CBQs.
The CEOs 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 CBQs is' to provide an
opportunity for neighborhood economic 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.
92- 459
The Honorable Mayor and
Members of the City Commission
Page two
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
federal and county programs that are aimed at economic
revitalization, and business retention assistance and/or
opportunities.
During the last contract period, the CBOs received Community
Development Corporation (CDC) training and project assistance.
Several CBOs also participated in the Citywide Commercial Facade
Program to provide exterior facade improvements to businesses within
the eight neighborhood target areas.
UPDATE:
Due to the economic recession affecting the nation and especially
our area, some agencies have not been able to successfully
accomplish their work program goals, as evidenced by the Mid -Year
Summary Report herewith attached.
The,DCD 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 CBOs at a
neighborhood level.
Based on the recommendation of the C.D. Advisory Board, area needs,
contract performance, periodic monitoring and/or previous
evaluation, it is recommended that authorization to enter into
individual contracts with the following agencies in the specified
amounts, be granted to the City Manager:
CBO AMOUNT*
1. Allapattah Business Development, Inc. $ 50,000
2. Coconut Grove Local Development Corporation, Inc. 50,000
3. Downtown Mia-.i Business Association, Inc. 50,000
4. Edgewater Economic Development Corporation 50,000
5. Greater Biscayne Boulevard Chamber of Commerce 50,000
6. Haitian Task Force, Inc. 50,000
7. Latin Quarter Association, Inc. 50,000
S. Little Havana Development Authority, Inc. 50,000
92- 459
El
The Honorable Mayor and
Members of. the City Commission
Page three
E3
9. Martin Luther King Economic Development
Corporation, Inc.
100,000
10. New Washington Heights Community Development
Conference, Inc.
50,000
11. Overtown Advisory Board
50,000
12. Park West Association, Inc.
50,000
13. Small Business Opportunity Center, Inc.
50,000
14. Wynwood Community Economic Development
Corporation, Inc.
100,000
Execution of contracts with the above organizations is contingent
upon successful negotiations of budgets and scope of services with
new agencies subject to approval of each work program
by the U.S.
Department of Housing and Urban Development (HUD)
to assure
compliance with federal mandated guidelines.
Attachment: (1) Proposed Resolution
(2) Mid -Year Summary Report on Economic
Development CBOs for FY 1991-92
92- 459
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