HomeMy WebLinkAboutR-91-0512J-91-534
6/27/91
91.-- 151.2
RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENTS, ALLOCATING
$1,743,032 OF SEVENTEENTH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS PREVIOUSLY
APPROPRIATED BY ORDINANCE NO. 10885, ADOPTED
MAY 9, 1991, TO PREVIOUSLY NAMED SOCIAL
SERVICE AGENCIES LISTED HEREIN FOR APPROVED
SOCIAL SERVICE PROJECTS; FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE AGREEMENTS, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH SAID
AGENCIES FOR SUCH PROJECTS.
WHEREAS, the City Commission adopted Resolution No. 91-365
on May 9, 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
$1,743,032 from the public service portion of the grant to
private nonprofit agencies to provide twenty-four (24) social
service projects;
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 the
Section.
SECTION 2. Funds in the amount of $1,743,032 from the
Seventeenth Year Community Development Block Grant Funds
previously appropriated by Ordinance No. 10885, adopted May 09,
1991, are hereby allocated as specified below:
ATTACHMENTS
AMWDW
CITY COMMSION
MEETING OF ,.,
,; U L 11 1991
91- 512
J-91-534
6/27/91
ia__ 1512
RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENTS, ALLOCATING
$1,743,032 OF SEVENTEENTH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS PREVIOUSLY
APPROPRIATED BY ORDINANCE NO. 10885, ADOPTED
MAY 9, 1991, TO PREVIOUSLY NAMED SOCIAL
SERVICE AGENCIES LISTED HEREIN FOR APPROVED
SOCIAL SERVICE PROJECTS; FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE AGREEMENTS, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH SAID
AGENCIES FOR SUCH PROJECTS.
WHEREAS, the City Commission adopted Resolution No. 91-365
on May 9, 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
$1,743,032 from the public service portion of the grant to
private nonprofit agencies to provide twenty-four (24) social
service projects;
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 the
Section.
SECTION 2. Funds in the amount of $1,743,032 from the
Seventeenth Year Community Development Block Grant Funds
previously appropriated by Ordinance No. 10885, adopted May 09,
1991, are hereby allocated as specified below:
ATTACHMENTS
AMMDM
ED
CITY CQMMS101f
Ni XMG 4F
., U L 11 1991
M
AGENCY/PROJECT ALLOCATION
Action Community Center, Inc. $308,500
City -Wide Transportation
Allapattah Community Action, Inc. 268,563
Allapattah Elderly Program
Alternative Programs, Inc. 50,000
Alternative to Incarceration
Assoc. for the Useful Aged, Inc. 40,196
Assistance to the Elderly
Catholic Community Services, Inc. 38,992
Centro Mater Childcare
Catholic Community Services, Inc. 15,894
L.H. Community Center Childcare
Catholic Community Services, Inc. 6,298
Notre Dame Day Care
Catholic Community Services, Inc. 7,497
San Juan de Puerto Rico Day Care and
Neighborhood Center
Coconut Grove Family Health Center 55,892
Coconut Grove Health Care
Cure Aids Now, Inc. 29,281
Home Delivered Meals to AIDS Patients
End World Hunger, Inc. 14,235
Community Food Gardens
First United Methodist Church, Inc. 15,400
Downtown Elderly Hot Meals Programs
Haitian American Community Association 49,696
of Dade County, Inc.
Haitian Social Services Program
Holy Cross Day Care Center, Inc. 29,988
Wynwood Childcare
Holy Cross Day Care Center, Inc. 194,395
De Hostos Senior Center
James E. Scott Community Assoc., Inc. 100,785
City Wide Elderly Hot Meals
Lions Home for the Blind Foundation 49,020
L.H. Assistance to the Blind
Little Havana Activities and Nutrition 263,927
Centers, Inc.
Elderly Hot Meals
Miami Coalition for the Homeless 25,000
Homeless Feeding Project
Miami Jewish Home and Hospital for the 29,895
Aged, Inc.
Douglas Gardens Senior Adult Day Care
91- 512
-2-
AGENCY 4PROJECT
Miami Mental Health Center, Inc.
Coconut Grove Mental Health Program
Southwest Social Services Inc.
Citywide Elderly Hot Meals Program
St. Agnes Rainbow Village Development
Corporation
Day Care Center
St. Alban's Day Nursery, Inc.
Coconut Grove Family Day Care Program
TOTAL ALLOCATION
ALLOCATION
27,251
69,323
25,000
28,004
S1,743,032
SECTION 3. The City Manager is hereby authorized to execute
Agreements, in substantially the attached form, with the above
agencies to implement their respective social service 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.
PASSED AND ADOPTED this llthday of
ATTES :
MAT HIRAI, CITY CLERK
COMMUNITY DEVELOP N REVIEW:
f
FRANK CASTM9DAJ, 6IRECTOR
COMMUNITY DEVELOPMENT DEPARTMENT
FINANCE REVIEW:
CARLOS V GARCIA, DIRECTOR
FINANCE DEPARTMENT
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L . J TER ]
CITY ATTORN�
ABs/gmb/M2 0
July , 1991
XAVIER L. REZ, WMR
BUDGETARY REVIEW:
MANOHAR S. S A, DIRECTOR
BUDGET DEPART
PREPARED AND APPROVED BY:
ALB RTINE S. SMITH
CHIEF ASSISTANT CITY
ATTORNEY
91- 512
Big".
_3_
CITY OF MIAMI, FLORIDA
COMMUNITY DEVELOPMENT BLOCK GRUNT 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: _
i'ERM 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
fol. lows:
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
1
following:
1. A description of the work to be performed; `
2. A schedule for completing the work; and I
3. A budget.
These items steal.], 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/Lune-Item Budget/Lxpenditure 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- 512
and /or management services Agreements funded in whole or in
part, under this Agreement.
1.4 Certificate of Insurance which reflects CONTRACTOR's
current Iiabil.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. Fidel.ity Bond (appl.icabl.e for a].]. persons
who are authorized to receive and disburse funds under. this
Agreement); and other coverage as deemed necessary, if
applicabl.e (i.e. automobile insurance).
1.5 CONTRACTOR's Corporate Sea]. (to be affixed to Signatory
Page, and Corporate Resol.ution) .
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).
1.8 List of Key Staff Persons, with their titles, who will. carry
out this program.
1.9 Compl.etion of Authorized Representative Statement.
1.10 Completion of Statement of Accounting System.
1.11 A ].eater 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 al.l positions fund ell in
I
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 Stand and s), and "O" (Procurement
Standards), as modified by 24 CFR Part 570.502 (b),
"Applicability of Uniform Administrative Requirements," of
the Community Development Block Grant (CDBG) ��ogr�1
- 2 -
r
regulations, Final. Rule, and provided as an attachment to
this Agreement (Attachment I).
1.16 Copy of last Income Tax Return (IRS Form 990). —
ARTICLE II
2.0 RECORDS TO BE MAINTAINED
2.1 CONTRACTOR shall establish 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.
1 (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. G�2
(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
3 -
determined .
(2) For each activity determined to benefit low and
moderate income persons based on the area served
by the activity:
(i) The boundaries of the service area;
(ii) The income characteristics of families and
unrelated individuals in the service area;
and
(iii) If the percent of low and moderate income
persons in the service area is less than 51
percent, data showing that the area qualifies
under the exception criteria set forth at
570.208(a)(1)(ii);
(3) For each activity determined to benefit low and
moderate income persons 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
or service establishes that it is used
predominantly by low and moderate income
I
persons; or
(iii)Data showing the size and annual income of
the family of each person receiving the
benefit.
(c) Equal Opportunity Records containing:
(1) Data on -the extent. to which each racial and ethnic
group and single -headed households and ethnic
group and single -headed households (by gender of
household head) have applied for, participated in,
or benefited from, any program or activity funded
- 4 -
0
t
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 par_ticul.ar 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 -
f
1 -
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 11 1991, 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 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
e
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
i
lawful, and proper manner, satisfactory to the CITY, in
accordance with the written policies, procedures,, and
1
requirements as prescribed in this Agreement, as set forth
by the U.S. Department of Housing and Urban Development
(HUD) and the City of Miami Department of Community
Development.
3.5
POLICIES AND PROCEDURES MANUAL
CONTRACTOR is aware and accepts the Policies and Procedures
Cat
Manual (Attachment III) for Community Based Organizations as
the official document which outlines the fiscal.,
administrative and Federal guidelines and which shall
C?
regulate the day -today operations of the CONTRACTOR, which
.. 6
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.
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 al.1. 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.
1
3.7 LEVEL OF SERVICE
Should start-up time for a program be required or any de,l.ays
1
in service occur, the Department of Community Development is
to be notified in writing immediately, g iv ing all. pertinent
details and indicating when service shall beta in 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
7 -
Get
mpr
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 al..l Federal laws and regulations
described in Subpart K of the CDBG Program regulation
.r
(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 b,).j 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
f
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 Ithe
! 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.
1!a
3.10 REPORTS, AUDITS AND EVALUATIONS
The CONTRACTOR shall comply with the Federal Directive
f required by the U.S. Department of Housing and Urban
'+ -8-
Development (USHUD) to document that program activities are
provided for the benefit of l.ow to moderate income persons.
In accordance with the Code of Federal. Regul.ati.ons 24 CFR
Part 570.506, records shal..l be maintained for each activity
to determine that services benefit l.ow and moderate income
persons.
At the .request of CITY, CONTRACTOR shal.l. 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 shal.l pay CONTRACTOR, as maximum compensation for
the services required pursuant to Articl.e 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 shal.l 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
decl.aring and affirming that al.l expenditures were made
in accordance with the approved budget. All
documentation in support of such request shall be
_I
subj ect to approval by CITY at the time the request is
i
made and all invoices are required to be paid by
l CONTRACTOR prior to submission. All reimbursements
i
�
must be in line -item form and be in accord with this
Agreement. AU expenditures must be verified by
O'a
original invoice with a copy of the check which was
_ 9 -
V
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
i
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
i submitted to the CITY within thirtyy
(30) calendar days
after the indebtedness has been incurred. Failure to
-� comply may result in the reject -ion for repayment of
1 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
-ij reports due from the CONTRACTOR as a part of this
] I
I contract and any modifications thereto.
I
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.,
state and local.) will be considered generated revenues. In
-i the event that GRANTEE fails to generate the above mentioned
;i
1 revenues by June 30, 1991, future contracts with the GRANTEE
1
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
_j regulations.
— 4.6 SEPARATION OF CHURCH/STATE
In accordance with First Amendment Church/State principles,
I
CDBG assistance may not be used for religious activities or
i
provided to primarily religious entities for any activities,
including similar • activities, as directed by 24 CPR
570.200(j). CONTRACTOR shall. comply with this provision
when entering into subcontracts.
ARTICLE V
R4
5.0 GENERAL REQUIREMENTS V-4
an
5.1 INDEMNIFICATION
CONTRACTOR, shall pay on behalf of, and save CITY harmless
from and against any and all claims, liabilities, losses,
- 11 -
r
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
i
relevant orders, judgements, or decrees which may be entered
against the CITY; and from and against all. costs, attorney's
i
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 -
-1
completion of the services required pursuant to this
Agreement and shall become the property of CITY, without
I restriction or limitation on its use. CONTRACTOR agrees
i
that all documents maintained and generated pursuant to this
contractual. relationship between CITY and CONTRACTOR shall
be subject to a.l.l 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
t
j 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 'his
Agreement and that it has not offered to pay, paid, or
t
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 b the CONTRACTOR
9 Y pursuant to
�
this Agreement shall not be delegated or assigned to any
r
other person or firm unless CITY shall. first consent in
r
writing to the performance or assignment of such services or
-
r
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 shal.l. be in
writing to CONTRACTOR, who shall. be paid for those services
performed prior to the date of its receipt to the notice of
termination. In no case, however, shall. CITY pay CONTRACTOR
an amount in excess of the total sum provided by this
Agreement.
It is hereby understood by and between CITY and CONTRACTOR
that any payment made in accordance with this Section to
CONTRACTOR shall be made only if said CONTRACTOR is not in
default under the terms of this Agreement. If CONTRACTOR is
in default, then CITY shall in no way be obligated and
shall not pay to CONTRACTOR any sum whatsoever.
It is also understood that in accordance with 24 CFR 85.43-
44 of the CDBG rules and regulations, suspension or
termination may occur if CONTRACTOR fails to comply with any
term of this Agreement, or if the CITY deems it convenient
i
to terminate it.
5.9 REVERSION OF ASSETS
I
Upon expiration of this Agreement, the CONTRACTOR shall
transfer to the CITY any CDBG funds on hand at the time of
expiration and any accounts receivable attributable to. the
use of CDBG funds.
Any real. estate property that was acquired or improved by
CONTRACTOR in whole or in part with CDBG-funds in excess of
$25,000 shall be either:
A. Used to meet one of the three (3) CDBG National.
Objectives set forth by 24 CFR 570.208 of the CDBG
Program regulations, until. five (5) years after.
- 13 -
t77
M
expiration of this Agreement, or such longer period of
time as determined appropriate by the City; or
B. Disposed of in a manner resulting in the CITY being
reimbursed in the amount of the current fair market
value of the property less any portion thereof
attributable to expenditures of non-CDBG funds for
acquisition of, or improvements to, the property.
5.10 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
3500 Pan American -Drive
Miami, Fla. 33133
CONTRACTOR
CONTRACTOR 2 Overflow
Address
Miami, Fla. Zip
B. Title and paragraph headings are 'for convenient
reference and are not a part of this Agreement.
C. In the event of conflict between the terms of this
Agreement and any terms or conditions contained in any
attached documents, the terms in this Agreement shall
control..
D. No waiver or breach of any provision of this Agreement
shall. constitute a waiver of any subsequent breach of
the same or any other provision hereof, and no waiver
shall be effective unless made in writing.
E. Should any provisions, paragraphs, sentences, words or
phrases contained in this Agreement be determined by a
court of competent jurisdiction to be invalid, illegal
or otherwise unenforceable under the laws of the State
of Florida or the City of Miami, such provisions,
paragraphs, sentences, words or phrases shall. be deemed �
modified to the extent necessary in order to conform
with such laws, or if not modifiable to conform with-■1
such laws, then same shall be deemed severable, and in
- 14 -
either. event, the remaining terms and provisions of
this Agreement shall remain unmryi i f ied and in full.
force and effect.
5.11 INDEPENDENT CONTRACTOR
CONTRACTOR and its employees and agents shal.l. be deemed to
be independent contractors and not agents or employees of
the CITY, and sha.l.l 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 offidial.s
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:
CESAR H. ODIO
CITY MANAGER
CONTRACTOR:
CONTRACTOR 2
OVERFLOW 9 1 512
ADDRESS
- 15 -CITY STATE ZIP
. r ..
. i
CORORA'rL, SN:CRDTARY-~��^
YES I DENT___.__..._.�.,___...�..........._...._._.._
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:
91 - 512
♦ CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
The Honorable Mayor and
To of the City Commission
A��X�
FROM .
Cesar H. Od io
City Manager
RECOMMENDATION:
Members DATE JUN 2 71991 FILE
Resolution Allocating
SUBJECT 17th Year CDBG Funds for
Social Service Projects
REFERENCES
City Commission Agenda
ENCLOSURESJul.y 11, 1991
It is respectfully recommended that the City Commission adopt the
attached resolution which allocates $1,743,032 of 17th Year Community
Development Block Grant Funds to previously named social service
agencies, and authorizes the City Manager to execute agreements with
the agencies 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, the Department of Community Development has
submitted the final statement to USHUD.
The proposed resolution provides for the allocation of $1, 743, 032 of
17th Year CDBG funds to previously approved social service agencies,
and authorizes the City Manager to execute agreements with these
agencies in substantially the form attached. The allocations for all
of the social. service agencies are the same as were approved by the
City Commission on May 09, 1991, with the exception of Centro Mater,
Inc. (a child care program) which was increased from $20,992 to
$38, 992. The increased amount reflects the funds needed to operate
the program during the summer months.
Attachments:
Proposed Resolution
Agreement
91-
m
512