HomeMy WebLinkAboutR-90-0497-90-942
6/2S/90
RESOLUTION NO. 9 0- 497
A RESOLUTION, WITH ATTACHMENTS, ALLOCATING
$227,000 OF 16TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS PREVIOUSLY APPROPRIATED
BY ORDINANCE NO. 10727o ADOPTED MAY 24,
1990, AS FOLLOWS: $55,000 TO JEWISH FAMILY
SRRVIC%S. INC. FOR THE CITYWIDE SENIOR
CRIME WATCH PROGRAM; $57,000 TO TRI CITY
COMMUNITY ASSOCIATION, INC. FOR THE HOME
IMPROVEMENT PROGRAM: $65,000 TO DADE
EMPLOYMENT AND ECONOMIC DEVELOPMENT, INC.
FOR THE GREATER MIAMI SERVICE CORPS, AND
$50,000 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
FORM ATTACHED, WITH THE AFOREMENTIONED
AGENCIES.
WHEREAS, the City Commission adopted Resolution No. 90-300
on April 12, 1990, which authorized the City Manager to submit
the Final Statement for the proposed use of Sixteenth 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
$55,000 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
$57,000 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
$65,000 to Dade Employment and Economic Development, Inc. to
assist in establishing a program for at risk young adults who
will undertake physical improvement projects Citywide; and
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WHEREAS, the Final Statement included an allocation of
$50#00 0 to the Black Archives History and Research Foundation of
Dade County, Inc. to assist in the restoration of the historic
Lyric Theatre in Overtown, specifically, improvements to the
Theatre buildiingi
NOW, THEREFORE, BE IT RESOLVED By THE COMMISSION OF THE CITY
Off` MIAMI , FLOKIOA t
Section 1. The recitals and findings contained in the
Preat►ble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. $227,000 of 16th Year Community Development
Block Grant Funds previously appropriated by
Ordinance No. 10727,
adopted May 24, 1990, are hereby allocated as
follows:
AGENCY/PROJECT
AMOUNT
Jewish Family Services/
$ 55,000
Citywide Senior Crime Watch Program
Tr°City Community Association, Inc./
57,000
..Home improvement Program
Dade Employment and Economic Develop-
65,000
ment, Inc./Greater Miami Service Corps
Black Archives History and Research
50,000
Foundation of South Florida, Inc./
Lyric Theatre Rehab
Total Allocation
$227,000
Section 3. The City Manager is hereby
authorized to execute
Individual agreements with said agencies in substantially the
form attached to implement their respective projects, subject to
the conditions and limitations contained herein and in the City
Code.
Section 4. This Resolutin shall become effective
immediately upon its adoption pursuant to law.
PASSED AND ADOPTED this 12thday of ,Jul
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CITY OIL NIAMI, FLORIDA
AGREEMENT
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THIS AGREEMENT, entered into this day of
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State of. Florida, (hereinafter referred to as the "CITY"), and
AGENCY, a Florida not for. profit corporation, (hereinafter
referred to'as the "CONTRACTOR").
;
FUNDING SOURCE s
TERM OF THE AGREEMENTS
AMOUNTS $ VENDOR NUMBER:
TAX IDENTIFICATION NO.:
_EXIMIVE DIRECTOR
ADDRESS:
TELEPHONE NO. a
NOW, THEREFORE, in consideration of the mutual covenants and
- obligations herein set forth, the parties understand and.agree as
follows:
- ARTICLE I
_ As a necessary part of this Agreement, the following documents
- which have been approved by the CITY are attached:
1.1 Corporate Resolution authorizing execution of this
-_ Agreement.
_ 1.2 Work Program
,
- 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
ScheduXe (on forms supplied by the :CITY): budgot for
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program -generated revenues: copies of all subcontracts'
and/or management services agreements funded in who1.a n r= in
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1.4 Certificate of insurance which reflects CONTRACTOR'S
current liability insurance, naming the CITY as primary or
additional insured as determined by the Law Department 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 (affixed to Signatory Page, and
Corporate Resolution).
1.6 U.S. HUD Form 4010 Federal Labor Standards Provisions.
As a necessary part of this Agreement, the following documents
have been approved by the CITY prior to the execution of this
agreement and are on file with the Department of Community
Development.
1.7 Copy of CONTRACTOR's Articles of Incorporation, Charter and
Bylaws.
1.8 List of Present Principal Governing Board Officers and
Members of the Board (names, addresses and telephone
numbers).
1.9 List of Key Staff Persons, with their titles, who will
carry out this program.
1.10 Completion of Authorized Representative Statement.
1.11 Completion of Statement of Accounting System.
1.12 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.
1.13 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 Depositories),
"B" (Bonding and Insurance), "C" (Retention and Custodial.
2
Requirements for Records), "p" (Standards for Financial
Management,Systems), IIH" (Monitoring and Reporting Progress
Performance), 'IN" (Property Management Standards), and
"0" (Procurement Standards).
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1.16 Acceptance of HUD ,Regulations 24 CPR Part 85 entitled
"Uniform Administrative Requirements for Grants and
Cooperative Agreements to State, Local and Federally
Recognized Indian Tribal Governments".
1.17 Acceptance of Policies and Procedures Manual for Community
Based organizations.
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:
1.18 Final Expenditure. Report to be submitted no later than
thirty (30) days after expiration of the agreement.
1.19 Certified Independent. Audit to be submitted sixty (60) days
after exiparation of the agreement.
CONTRACTORS receiving monies from the Department of
Community Development must allocate in their budgets
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 agreement
to. the ,Department of Community Development. The City
Department of Internal Audits and Reviews shall have the
authority to review CONTRACTOR records, including'
programmatic records and books of account, for a period ;air
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— up to three (3) years from the termination date of,, the
agreement. All books of account and $u r4A
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documentation should be inept by the Contractor at least
three.(2) years for:audt purposes.
ARTIC P. It
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2.1 TLM Cp BR 'dI dANCE
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The term of this Agreement shall be from Julys 1,_ 1991 to
June 30r 1990.
2.2 CITY _AUTHORIZATION
For the purpose of this Agreement, the City 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.
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2.3 OBLIGATION OF CONTRACTOR
The CONTRACTOR shall carry out the services as prescribed
in its Work Program (Attachment I), 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 United states Secretary of Treasury and the City
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Department.
Contractor is aware and accepts the Policies and Procedures
Manual for Community Based Organizations as ;the official
document which outlines the fiscal, administrative and
Federal guidelines and which shall regulate the day-to-day
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operations of the CONTRACTOR..
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2.4 BONDING AND INSURANCE:,
CONTRACTOR shal1 maintain insurance and bonding.coyeragee
acceptable to the CITY's Insurance Man4gement Division;9f
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the Law Department. Prior to commencing any, ctiyity pniao�
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this Agreement r the . CONTRACTaR shall furnish to the CITY
certif catea of insurance and bonding indicating tb&t the
CONTRACTOR is in compliance with the provisions of this
article.
CONTRACTOR shall provide the following coveragess
a) insurance coverage that reflects sound business
-practices acceptable to the CITY's Insurance Management
Division of the Law Departmentz
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.
2.5 LEVEL OF.SERVICE
Should start-up time for a program be required or any
delays in service occur, the Department 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 servicesr
activities, and expenditures by the CONTRACTOR# in
existence prior to the initiation of services hereunder,
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shall be continued and shall not be reduced in any way as a
result of this Agreement. Programs funded through thi.+s
Agreement shall not result in the displacement of employed
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workers, impair existing contracts for services, or result
in the substitution of fonds allocated under this Agreement
for other funds in connection with work which would have
been performed in the absence of this Agreement.
2.6 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 III
3.1 COMPENSATION
A. CITY shall pay CONTRACTOR, as maximum compensation for
the services required pursuant to Article II hereof,
$501000100.
B. CITY shall have the right to review and audit the time
records and related records of CONTRACTOR pertaining to
any payments by CITY.
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3.2 METHOD_._ OF PAYMENT
A. Upon execution of this Agreement and with a written
request from GRANTEE, CITY may advance 1/6th of this s
appropriated funds to CONTRACTOR. The advance shall be
justified as follows: one-half (1/2) in nine (9) equal
monthly installments commencing in the third month of
this Agreement and continuing through the eleventh month
of this Agreement; one-half (1/2) in the twelfth and
final month of this Agreement. This method of
justifying the advance may be amended by the DEPARTMENT.
Funds shall not be advanced by the CITY if the
CONTRACTOR is in default under this Agreement.
B. 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
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mod.
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line-itOM 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.
C. Mquests 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.
D. 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.
E. 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.
3.3 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 theretofore 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.
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3. 4 kICAPTU99 OF FUMS
CITY shall reserve t'he right
to recapture funds whaft thd 3.
CONTRACTOR shall fail (i) to comply with the terMh Of t)hit
Agreement or (ii) to accept conditions imposed by CITY at
the direction of the federal, state and local agencies.
3.5 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.
ARTICLE IV
4.1 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, judgments, 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.
4.2 AMENDMENTS
No amendments to this Agreement shall be binding on either
party unless in writing and signed by both parties,
4.3 OWNERSHIP OF`DOCUMENTS
A.11 documents developed by CONTRACTOR under this Agreement
shall be delivered to CITY by said CONTRACTOR upon
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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
documents or thing which is given by CITY to CONTRACTOR
pursuant to this Agreement shall at all times remain the
property of CITY and shall not be used by CONTRACTOR for any
other purposes whatsoever without the written consent of
CITY.
4.4 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.
4.5 NON-DELEGABILITY
t t thi
The obligations undertaken by the CONTRACTOR pursuan o, s
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 _past
thereof by another person or firm.
4.6 CONSTRUCTION OF AGREEMENT
This Agreement shall be construed and
enforced
according to
-
the laws of the State of Florida.
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4, 7 09LIOAT1014 To RENEW
upon 'di�ir&tiOft Of the term of this Agreement, CONTRACTOR
agrees and understands that CITY has no obligation to renew
thie.Agreement.
4.9 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 of 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.
4.9
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 personably served;
or, if by mail,_.Qe
the fifth day after being posted or the date Qf actual
receipt, whichever is earlier.
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0. Title and paragraph headings are for convenient
reference and are not a part of this Agreement.
C. In the event of conflict between the terms of this
Agreement and any terms or conditions contained in any
attached documents, the terms' in this Agreement shall
control.
D. No waiver or breach of any provision of this Agreement
shall constitute a waiver of any subsequent breach of
the same or any other provision hereof, and no waiver
shall be effective unless made in writing.
E. Should any provisions, paragraphs, sentences, words or
phrases contained in this Agreement be determined by a
court of competent jurisdiction to be invalid, illegal
or otherwise unenforceable under the laws of the State
of Florida or the City of Miami, such provisions„
paragraphs, sentences, words or phrases shall be deemed
modified to the extent necessary in order to conform
with such laws, or if not modifiable to conform with
such laws, then same shall be deemed severable, and in
either event, the remaining terms and provisions of -this
Agreement shall remain unmodified and in full force and
effect.
4.10 INDEPENDENT CONTRACTOR
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CONTRACTOR and its employees and agents shall be deemed -,to
be independent contractors and not agents or employees of
CITY, and shall not attain any rights or benefits under tho
Civil Service or Pension Ordinances of CITY or any rights.,
generally afforded classified or unclassified employeeet
further, they shall not be deemed entitled to the P'lc ris�a
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WorXers" Compensation benefits as an employsq ,of CITY. 4
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4.11 SUCC98SORS AND ASSAN-
tie Agreement shall be binding upon the parties herein►
their hems r e�tecutars ► legal representatives ► successors
and assigns. t
ARTICLE V
5,1 CONTRACTOR CERTIFICATIONS
CONTRACTOR certifies that:
It possesses ssesses the legal authority to enter into this
Agreement by way of a resolution, motion, or similar action
A- ted or passed as an official act of
that has been duly a p
the execution of.
CONTRACTOR's governing body,
authorizing
including all
understandings and assurances
the Agreement,
contained herein, and directing
and authorizing the person
the official representative of the CONTRACTOR
identified as
in connection with the
Agreement and to provide such
to act
additional information as may
be required.
WITNESS WHEREOF, the parties hereto have caused this
IN
by the
re spective officials thereunto
• strument to be executed
in
duly authorized on the first date
above written.
CITY OF MIAMI► a municipal
Corporation of the State of
FloridaPz
ATTEST:
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CITY AGER
CITY CLERK
CONTRACTORc
,ATTEST:
SY
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RECOMMENDATION
It is respectfully recommended that the City Commission adopt the
attached resolution which allocates $227,000 of 16th Year Community
Development Block Grant funds as follows: $55,000 to Jewish Family
Services, Inc.; $57,000 to Tri-City Community Association, Inc.;.
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$65,000 to Dade Employment. and Economic- Development Corporation,
Inc.; and $50,000 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
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substantially the form attached.
BACKGROUND.
On April 12., 1990, the City Commission adopted Resolution.. 90-300,
which authorized the City, Manager to submit the Final Statement 'of
Community Development Objectives and Projected -Use of Funds for the
16th 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:
- $55,000 was allocated to' Jewish Family. Services, Inc.,* to
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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.
$57;000 was allocated, to Trio -City. Community AssociatiQn- o9 �a�o
County to provide. for the repair and painting of single fam-*
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homes by the agency's job, gaining ..program participants• 'T1i:la�;
project is entitled Home Improvement Program.A
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$65, 000 was a1.locataod to Da e p _oyamen an1 11 o;f!t'
Development, Inc., to assist in establishing a program fgr,
riraY. young adults who will undertal+a,e . commercial "d h0u0
physical improvement projects citywi.de�. is project
entitled the Drsator Mimi Service Corp •
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The Honorable Mayor and -2-
Members of the City Commission
r $50#000 was allocated to the Slack Archives History and Research
Foundation, 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
Rehab.
Adoption of the proposed resolution allocates .$227,000 of 16th 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
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