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HomeMy WebLinkAboutR-91-05110 J-91-535 7/2/91 911. -- 511 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENTS, ALLOCATING $196,445 OF 17TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 10885 ADOPTED MAY 09, 1991, AS FOLLOWS: $47,597 TO JEWISH FAMILY SERVICES, INC. FOR THE CITYWIDE SENIOR CRIME WATCH PROGRAM; $49,327 TO TRI CITY COMMUNITY ASSOCIATION OF DADE COUNTY, INC. FOR THE HOME IMPROVEMENT PROGRAM; $56,251 TO DADE EMPLOYMENT AND ECONOMIC DEVELOPMENT, INC. FOR THE GREATER MIAMI SERVICE CORPS, AND $43,270 TO THE BLACK ARCHIVES HISTORY AND RESEARCH FOUNDATION OF SOUTH FLORIDA, INC. FOR LYRIC THEATRE REHABILITATION; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE ABOVE AGENCIES. WHEREAS, the City Commission adopted Resolution No. 91-365 on May 09, 1991, which authorized the City Manager to submit the Final Statement for the proposed use of Seventeenth Year Community Development Block Grant Funds to the U.S. Department of Housing and Urban Development; and WHEREAS, the Final Statement included an allocation of $47,597 to Jewish Family Services, Inc. to provide home security improvements for elderly low income residents of the City of Miami; and WHEREAS, the Final Statement included an allocation of $49,327 to Tri City Community Association of Dade County, Inc. to provide for the repair and painting of single family homes by the Agency's job training program participants; and WHEREAS, the Final Statement included an allocation of $56,251 to Dade Employment and Economic Development, Inc. to assist the Agency's program for at risk young adults who will undertake physical improvement projects Citywide; and � E �T '4 T $ CITY Coat aSSION MEETING OF -,_ JUL 11 1991 91-- sit amom ft yn::�: �vL21ii�W4N WHEREAS, the Final Statement included an allocation of $43,270 to the Black Archives History and Research Foundation of South Florida, Inc. to assist in the rehabilitation of the historic Lyric Theatre in Overtown, specifically, improvements to the theatre building; 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. $196,445 of 17th Year Community Development Block - Grant Funds previously appropriated by Ordinance No. 10885, - adopted May 09, 1991, are hereby allocated as follows: AGENCY/PROJECT AMOUNT Jewish Family Services/ $ 47,597 Citywide Senior Crime Watch Program Tri City Community Association of Dade 49,327 County, Inc./Home Improvement Program Dade Employment and Economic Development, 56,251 Inc./Greater Miami Service Corps Black Archives History and Research 43,270 Foundation of South Florida, Inc./ Lyric Theatre Rehabilitation Total Allocation 5196,445 Section 3. The City Manager is hereby authorized to execute individual Agreements, in substantially the attached form, with the above agencies, to implement their respective projects, subject to the conditions and limitations contained in said agreements and all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. Section 4. This Resolution shall become effective immediately upon its adoption. -2- 91- 511 PASSED AND ADOPTED this llth day of July ATTES MATTY HIRAI, CITY CLERK BUDGETARY REVIEW: /,a,\ MANOHAR S. SURANjrRECTOR DEPARTMENT OF BUD COMMUNITY DEVELO NT EVIEW: C FRANK CA DA, DIRECTOR FINANCE REVIEW: CARLOS E. ARCIA, DIRECTOR FINANCE DEPARTMENT PREPARED AND APPROVED BY: ALBERTINE S. SMITH CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: ABS/gmb/M2331 , 1991. XAVIER L. SU EZ, MAY CITY OF MIAMI, FLORIDA COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT THIS AGREEMENT entered into this day of -, 19—, between the City of Miami, a municipal corporation of the State of Florida, (hereinafter referred to as the "CITY"), and 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; I 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 91-- 511 01 • and/or management services Agreements funded in whole or in part under this Agreement. 1.4 Certificate of Insurance which refl.ects CONTRACTOR's current ].iabil.ity 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 (app].icabl.e for a11 persons who are authorized to receive and disburse funds under. this Agreement); and other coverage as deemed necessary, if applicabl.e (i.e. automobil.e insurance) . 1.5 CONTRACTOR's Corporate Sea]. (to be affixed to Signatory - Page, and Corporate Resolution). 1.6 Copy of CONTRACTOR'S Article of Incorporation, Charter and Byl.aws . 1.7 List of Present Principal Governing Board Officers and Members of the Board (names, addresses and telephone - numbers). 1.8 List of Key Staff Persons, with their titl.es, 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 l.ast Audit Report as performed by an independent C.P.A. 1.13 Corporate Personnel. Policies and Procedures. 1.14 Job Description and Resumes for a].1 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 610" (Procurement its Standards), as modified by 24 CPR Part 570.502 (b), � "Applicability of Uniform Administrative Requirements," of the Community Development Block Grant (CDBG) Program - 2 - 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 prov id ing 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 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 record s 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. O'� (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 (ii.i)If the percent of low and moderate income persons in the service area is less than 51 percent, data showing that the area qualifies under the exception criteria set forth at 570.208(a)(1)(ii); (3) For each activity determined to benefit low and moderate income persons 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 i j or service establishes that it is used i predominantly by low and moderate income persons; or i i (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 i� group and single -headed households (by gender of I household head) have applied for, participated in, CT� ' or benefited from, any program or activity funded - 4 - in whole or in part with CDBG funds. Such information shall be used only as a basis for further investigation as to compliance is required to attain or maintain any particular statistical measure by race, ethnicity, or gender in covered programs. (2) Documentation of actions undertaken to meet the requirements of 24 CFR 570.607(b) which implements section 3 of the Housing Development Act of 1968, as amended (12 U.S.C. 1701U) relative to the hiring and training of low and moderate income persons and the use of local businesses. (d) Financial. records, in accordance with the applicable requirements listed in 24 CFR 570.502. (e) Records required to be maintained in accordance with other applicable laws and regulations set forth in Subpart K of 24 CFR. 2.2 As a necessary part of this Agreement, the CONTRACTOR shall provide the following documents to the Department of Community Development, in accordance with the requirements of the Agreement: A. Final. Expenditure Report to be submitted no later than thirty (30) days after contract expiration. B . Certified Independent Audit to be submitted sixty (60 ) days after contract expiration. CONTRACTORS receiving monies from the Department of Community Development must allocate in its budget sufficient funds to secure an annual independent audit which must include the expression of an opinion on the Contractor's financial statements, and a compliance letter stating whether the CONTRACTOR is in conformity with federal grant regulations (Office of Management and Budget Circular A-110 Attachment I) . Said audit must be submitted no later than 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, 5 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, 19911 to June 30, 1992. 3.2 CITY AUTHORIZATION For the purpose of this Agreement, the City of Miami Department of Community Development (hereinafter the "DEPARTMENT") will act on behalf of the CITY in the fiscal control, programmatic monitoring, and modification of this Agreement, except as otherwise prov id ed by this Agreement. 3.3 ENTIRE AGREEMENT This instrument and its attachments constitute the only = Agreement of the parties hereto relating to said grant and correctly sets forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 3.4 OBLIGATION OF CONTRACTOR The CONTRACTOR shall carry out the services as prescribed in its Work Program (Attachment II), which is attached and incorporated herein and made a part of this Agreement, in a - lawful, and proper manner, satisfactory to the CITY, in accordance with the written policies, procedures, and requirements as prescribed in this Agreement, as set forth by the U.S. Department of Housing and Urban Development (HUD) and the City of Miami Department of Community Dev e I oilmen t . 3.5 POLICIES AND PROCEDURES MANUAL CONTRACTOR is aware and accepts the Policies and Procedures +-■I 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 - 6 - is attached and incorporate herein and made a part of this i Agreement. } 3.6 BONDING AND INSURANCE CONTRACTOR shall maintain insurance and bonding coverages - i 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 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 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 i 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, r�l shall be continued and shall not be reduced in any way as a �t2 result of this Agreement. Programs funded through this Agreement shall not result in the displacement of employed � C7 workers, impair existing contracts for services, or result 7 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. (b) CONTRACTOR shal.l 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 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 - 8 - 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 required pursuant to Article II hereof, $43,270.00. 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 subj ect 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 - 9 - used to pay that specific invoice. Within 60 days of t 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 i shal.l. be accepted as a .Line item in the budget. i Request for line -item changes are allowable, with prior 3 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 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 GENERATED REVENUES: CONTRACTOR is required to generate revenues in the amount of sixteen thousand five hundred dollars ($16, 500, by June 30, 1991, from approved revenue generating projects. These funds are to be used in lieu of an advance on the fiscal 1991-92 City contract. Funds generated by grants ( federal., � eol state and local) will be considered generated revenues. In the event that GRANTEE fails to generate the above mentioned 1 CT� revenues by June 30, 1991, future contracts with the GRANTEE 10 - 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. 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 d irected by 24 CPR 570.200(j) . CONTRACTOR shall comply with this provision when entering into subcontracts. ARTICLE V �t 5.0 GENERAL REQUIREMENTS �..� 5.1 INDEMNIFICATION _ I 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, incl.ud ing any person acting for or on its behalf; from and against any relevant orders, judgements, or decrees which may be entered against the CITY; and from and against all. costs, attorney's fees, expenses, and .liabilities incurred by the CITY in the defense of any such claims or in the investigation thereof. 5.2 AMENDMENTS No amendments to this Agreement shall_ be binding on either party unless in writing and signed by both parties. 5.3 OWNERSHIP OF DOCUMENTS All documents developed by CONTRACTOR under this Agreement shall be delivered to CITY by said CONTRACTOR upon completion of the services required pursuant to this Agreement and shall become the property of CITY, without restriction or limitation on its use. CONTRACTOR agrees that all documents maintained and generated pursuant to this contractual. relationship between CITY and CONTRACTOR shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes (Attachment I). It is further understood by and between the parties that any document which is given by CITY to CONTRACTOR pursuant to this Agreement shall at all time remain the property of CITY and shall not be used by CONTRACTOR for any other purposes whatsoever without the written consent of CITY. 5.4 AWARD OF AGREEMENT CONTRACTOR warrants that it has not employed or retained any person employed by the CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by the CITY any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. 5.5 NON-DELEGABILITY The obligations undertaken by the CONTRACTOR pursuant to this Agreement shall not be delegated or assigned to any other person or firm unless CITY shall first consent in writing to the performance or assignment of such services or '. M 5.6 CONSTRUCTION OF AGREEMENT This Agreement shall be construed and enforced according to i the taws 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 prov id ed 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. 5.9 REVERSION OF ASSETS Upon expiration of this Agreement, the CONTRACTOR shall transfer to the CITY any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Any real estate property that was acquired or improved by CONTRACTOR in whole or in part with CDBG funds in excess of 1 $25,000 shall be either: ua A. Used to meet one of the three (3) CDBG National Objectives set forth by 24 CFR 570.208 of the CDBG cS? Program regulations, until five (5) years after - 13 - expLratton of this Agreement, or suc onger. pert. o time as determined appropriate by the City; or. B. Disposed of in a manner resulting in the CITY being - reimbursed in the amount of the current fair market value of the property less any portion thereof attributable to expenditures of non-CDBG funds for acquisition of, or improvements to, the property. 5.10 GENERAL CONDITIONS A. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall. be delivered by personal. service, or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which 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. ti E. Should any provisions, paragraphs, sentences, words or s phrases contained in this Agreement be determined by a 1 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 t*{ such laws, then same shall be deemed severable, and in - 14 - either. event, the remaining terms and provisions of this Agreement shall remain unmodified and in full. force and effect. 5.11 INDEPENDENT CONTRACTOR CONTRACTOR and its employees and agents shall. be deemed to be independent contractors and not agents or employees of the CITY, and shall not attain any rights or benefits under the Civil. Service or Pension Ordinances of the CITY or any rights generally afforded classified or unclassified employees; further, they shall not be deemed entitled to the Florida Worker's Compensation benefits and an employee of the CITY. 5.12 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. ARTICLE VI 6.0 CONTRACTOR CERTIFICATIONS CONTRACTOR certifies that: It possesses the legal authority to enter, into this Agreement by way of a resolution, motion, or similar action that has been duly adopted or passed as an official act of the CONTRACTOR's governing body, authorizing the execution 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 CESAR H. ODIO CITY CLERK CITY MANAGER ATTEST: CONTRACTOR: CONTRACTOR 2 OVERFLOW ADDRESS 15 -CITY STATE ZIP 91- 511 A 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 ind iv id ual By ind iv id ual ly WITNESS: APPROVED AS TO INSURANCE REQUIREMENTS: INSURANCE COORDINATOR APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY 91- 511 16 -- CITY OF MIAMI, FLORIDA INTEROFFICE MEMORANDUM TO The Honorable Mayor and Members DATE ,SUN 1991 FILE of the City Commission FROM de4� Cesar H. Odio City Manager RECOMMENDATION: SUBJECT Resolution Allocating $196,445 of 17th Year Community Development Block Grant Funds REPERE14CES City Commission Agenda ENCLOSURE,VUly 11, 1991 It is respectfully recommended that the City Commission adopt the attached resolution which allocates $196,445 of 17th Year Community Development Block Grant funds as follows: $47,597 to Jewish Family Services, Inc.; .$49,327 to Tri-City Community Association, Inc.; $56,251 to Dade Employment and Economic Development Corporation, Inc., and $43,270 to the Black Archives History and research Foundation of South Florida, Inc., and further authorizes the City Manager to execute individual agreements with each agency in substantially the form attached. BACKGROUND: On May 09, 1991, the City Commission adopted Resolution 91-365 which authorized the City Manager to submit the Final Statement of Community Development Objectives and Projected Use of Funds for the 17th Year to the U.S. Department of Housing and Urban Development (USHUD). As a follow-up to this action, the Department of Community Development has submitted the Final Statement to USHUD. The approved Final Statement includes allocations for the following four (4) activities: - $47,597 was allocated to Jewish Family Services, Inc., to provide home security improvements for elderly low income residents of the City of Miami. This on going project is entitled the Citywide Senior Crime Watch Program. - $49,327 was allocated to Tri-City Community Association of Dade County to provide for the repair and painting of single family homes by the agency's job training program participants. This proj ect is entitled Home Improvement Program. 91- 511 I The Honorable Mayor and Members - 2 - of the City Commission - $56,251 was allocated to Dad a Employment and Economic Development, Inc., to assist the Agency's program for at risk young adults who will undertake physical. improvement projects citywide. This project is entitled the Greater Miami Service Corp. - $43,270 was allocated to the Black Archives History and Research Foundation of South Florida, Inc., to assist in the restoration of the historic Lyric Theatre - in Overtown, specifically, physical improvements to the Theatre building. The project is entitled Lyric Theatre Rehabilitation. Adoption of the proposed resolution allocates $196,445 of 17th Year Community Development funds to the four (4) agencies as outlined above, and authorizes the City Manager to execute individual agreements with each Agency in substantially the form attached. Attachments: Proposed Resolution Agreement Z 91-- 511