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Home My WebLink AboutR-90-0505A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL g CONTRACTUAL AGREEMENTS, IN SUBSTANTIALLY THE FORM ATTACHED, WITH FOUR (4) NEIGHBORHOOD EASED HOUSING COMMUNITY DEVELOPMENT CORPORATIONS, (CODEC, INC., EAST LITTLE HAVANA COMMUNITY DEVELOPMENT CORPORATION, ST. JOHN COMMUNITY DEVELOPMENT CORPORATION AND TACOLCY ECONOMIC DEVELOPMENT CORPORATION), FOR THE PURPOSE OF UNDERTAKING ACTIVITIES TO STIMULATE THE DEVELOPMENT OF HOUSING AFFORDABLE TO LOW AND MODERATE INCOME FAMILIES AND INDIVIDUALS; FURTHER ALLOCATING A TOTAL OF FIFTY THOUSAND DOLLARS ($50,000) EACH IN SIXTEEN (16) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS FOR THE PURPOSE OF PROVIDING SAID ADMINISTRATIVE FUNDING GRANT TO THE AFOREMENTIONED COMMUNITY DEVELOPMENT CORPORATIONS. WHEREAS, there exists in the City of Miami a severe shortage of housing within the affordability range of families and individuals of low and moderate income; and WHEREAS, the City Commission recognizes that participation of both the public and private sector is necessary to foster the development of housing within the affordability range of the City's low and moderate income families and individuals; and WHEREAS, on April 12, 1990, the City Commission, through Resolution No. 90-300 approved the allocation of $50,000 each to Tacolcy Economic Development Corporation, East Little Havana Community Development Corporation, St. John Community Development Corporation and CODEC, Inc. in support of the community based not -for -profit housing corporations' projects for stimulating the development of housing affordable to the City's low and moderate income families and individuals; and WHEREAS, the roles and responsibilities of the City of Miami and the aforementioned community development corporations will be set forth in the attached contractual. agreements acceptable to the City Attorney; 'ATTACHMENTS CONTAINED in a form � k �e e 219ro , gig IT R99OLiEb By THE COMMISSION or TSM CITY Or MIAMt t PLORtDA: Stection 1. The City Manager is hereby authorized to oxteute four (4) individual contractual agreements, with the following community development corporations, for the amount and contract period ra +scified for each, for the p p purpose of stimulating the development of housing affordable to low and moderate income families and individuals in the City of Miami, subject to approval of each corporation's work program by the U.S. Department of Housing and Urban Development (HUD). Section 2. Fifty Thousand Dollars ($50,000) from 16th Year Community Development Block Grant funds is hereby allocated for the purpose of providing an administrative funding grant to the following not -for -profit community development corporations listed below: CONTRACT CONTRACT C014KUNITY DE"LOPMENT CORPORATION AMOUNT PERIOD 1) Tacolcy Economic Development $50,000 1 Year Corporation 2) East Little Havana Community 50,000 1 Year Development Corporation 3) St. John Community Development 50,000 1 Year Corporation 4) CODEC, Inc. 50,000 1 Year Section 3. This resolution shall become effective immediately upon its adoption pursuant to law. 9OWN # �2- ti ram: PA9890 AND AI(pTt this,,, day ,� Ju1y_, r_ _.,._. ► �'4�i�.r y Y XAVIER L. SU E' MAYOW ATTEST• r MA TY HIRAI, CITY CLERR Ct" or MIANI i rLORIDA OILY. �A� dd��Xt�r)CA'!'It�l�i O' tY THIS AGRNT, entered into this day of 19 _,...-_ , between the CITY OIL MIAMI, a municipal corporation of the State of Florida, (hereinafter referred to as the "CITY"), and MAST LITTLE HAvANA COMl4UNITY DEVELOPMENT CORPORATION, a Florida not -fort -profit corporation, (hereinaftgr referred to a "CONTRACTOR"). s the Sixteenth (16th) Year FUNDING SOURCE: Community Development Block Grant Fund TERM OF THE AGREEMENT: July 1, 1990 - June 30, 1991 AMOUNT: $ 50,000 VENDOR NUMBER TAX I.D. NUMBER: EXECUTIVE DIRECTOR: Mr. Manny Rivero coral Way ADDRESS: Suite 512 - Miami, Florida 33145 TELEPHONE NUMBER: (305 ) 856-2547 NOW1 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 provided by the CONTRACTOR and approved by the CITY are attached: 1.1 Corporate Resolution authorizing Agreement. 1.2 Work Program (approved by the CITY). execution of this 1.3 Budget Summary, to include: completion of CONTRACTOR'S Program/Line-Item Budget/Expenditure Justification, Total Actual and Projected Funds Disclosure, and Staff Salaries Schedule (on forms supplied by the CITY); budget for program -generated revenues; copies of all subcontracts and/or management services agreements funded in whole or in part under this Agreement. rf 1 i, l 4 Certificate of insurance which refleeta Ct NTRAC' OWS s current liability insurance, naming the CITY as ptimaty or y additional insured as determined by the taw Department of the CtM current Workera' Compensation insurance3 current 4 Fidelity Bond (applicable for all persons who are authorizer) to receive and disburse funds under this y Agreement)I and other coverage as deemed necessary, if applicable (i.e. automobile insurance). 1.5 CONTRACTOR'S Corporate Seal (to be affixed to Signatory Page, and Corporate Resolution). 1.6 Copy of CONTRACTOR'S Articles 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 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 Corporate Personnel Policies and Procedures. 1.13 Job Description and Resumes for all positions funded in whole or in part under this Agreement. 1.14 Acceptance of Office of Management and Budget (OMB) Circular A-110, Attachments W o (Cash Depositaries), 0V (Bonding and Insurance), •C" (Retention and Custodial Requirements for Records), •F* (Standards for Financial Management Systems), now (Monitoring and Reporting Progress Performance), 'N• (Property Management Standards), and 000 (Procurement Standards). ! N F s y Sy 4 s C LIS Acceptance of RUD Regulations 24 CPR Part 85 entitled "Uniform Administrative Requirements for Grants and Cooperative Agreements to State# Local and Federally Recognized Indian Tribal Governments." s 1.16 Acceptance of Policies and Procedures Manual for Community Based Organisations. As a necessary part of this Agreement, the CONTRACTOR shall provide the following documents to the Department of Development and Housing Conservation in accordance with the requirements of the Agreement: a) Final Expenditure Report to be submitted no later than thirty (30) days after contract expiration. b) Certified Independent Audit to be submitted sixty (60) days after contract expiration. CONTRACTORS receiving monies from the Department of Development and Housing Conservation must allocate in 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 Community Based Organization agreement E with the Department of Development and Housing Conservation. The City of Miami's Department of Internal Audits and Reviews shall have the authority to review CONTRACTOR records, including programmatic records and books of account, for a period of up to three (3) years from the termination date of the 1 Agreement. All books of account and supporting documentation should be kept by the CONTRACTOR at least three (3) years for audit purposes. ,.3.. P 90.. r t u, 7 �Y4 2.1 TOU Or p2mok"C8 a. The term of this Agreement shell be from July 1, 1930 to June 30, 1991, �r 2.2 CITE' AMORIIiATION For the purpose of this Agreements the City of Miami Y Department of Development and Housing Conservation (hereinafter the "DEPARTMENT") WILL. ACT ON BEHALF OF THE CITY in the fiscal control, programmatic monitoring, and modification of this Agreement, except as otherwise provided by this Agreement. 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 of Miami Department of Development-7and Housing Conservation. 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 operations of the CONTRACTOR. 2.4 BONDING AND INSURANCE CONTRACTOR shall maintain insurance and bonding coverages acceptable to the CITY'S Insurance Management Division of the Law 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. A ts r k yt t`;4r 0 v. yr �$ f r .. ij 4 CONTRACM shall provide the following coverages: a) Insurance coverage that refleots sound business ;. 15ractices acceptable to the CITY'S Insurance Management hivisi+on of the Law Departmentb b) Fidelity bonding for all persona handling funds received or disbursed under this Agreement in an amount equal to or greater than the maximum amount of caeh 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. Beat'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 of Development and - Housing Conservation is to --be notified in writing immediately, giving all pertinent details and indicating when service shall begin and/or continue. It is understood and agreed that the level of services, activities, and expenditures by the CONTRACTOR, in existence prior to the initiation of services hereunder, shall be continued and shall not be reduced in any way as a result of this Agreement. Programs funded through this Agreement shall not result in the displacement of employed workers, impair existing contracts for services, or result in the substitution of funds allocated under this Agreement for other funds in connection with work which would have been performed in the absence of this Agreement. S �i ft,§ Fyr'. h A t y t ti S 9 0 t l Y 216 3.1 .as The C014TMCTOR shall comply with the federal Directive Nq required by the U696 Department of Houaing and -Urban bevelopment. (tjrS. HUD) to document that program activities are provided for the benefit of low to moderate income th persons. In accordance with the Code of Federal Regulations 24 CPR 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. A"rCLz rxr COMPENSATION a) CITY shall pay CONTRACTOR, as maximum compensation for the services required pursuant to Article II hereof, $50,000. b) CITY shall have the right to review and audit the time records and related records of CONTRACTOR pertaining to any payments by CITY. F a) Upon execution of this Agreement and with a written request from CONTRACTOR, CITY shall advance l/dth Of the appropriated funds to. CONTRACTOR. Thirty (30) days after the final reimbursement of the fiscal year, CONTRACTOR must submit a final expenditure report verifying the expenditure of all funds reimbursed under this Agreement. 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 sixty (60) days of submitting reimbursement request, copies of the cancelled checks shall be submitted. In the event that an invoice is paid by various funding sources, a copy of the invoice may be submitted but must indicate the exact amount paid by various funding sources equaling the total of the invoice. No miscellaneous categories shall be accepted as a line item in the budget. Request for line -item changes are allowable, with prior review and approval by the CITY. All line -item changes must be made prior to the end of the term of the Agreement. b) 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. ,,. 7 - 90 3 h o) CONTRACTOR must submit the final request for payment to the CITY within thirty (30) Calendar days following the e*piration date or termination date of this Agreement. Yf the CONTRACTOR fails to comply, all rights 1to payment are forfeited and the CITY shall not honor any request submitted after the aforesaid agreed upon period. d) Any payment due under 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 (3) 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 therefore 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 arF subject to reduction for overpayments on previously submitted invoices. 3.4 RECAPTURE OF FUNDS CITY shall reserve the right to recapture funds when the CONTRACTOR shall fail U) 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. 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. 0- ti CONTRACTOR shall indemnify, defend and save CITY hartfileas from and against any and all claims, liabilitieal loases, and causes of action which may arise out of CONTRACTOWS 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 AKBNDKMM No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. 4.3 OMERSHIP 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 1191 Florida Statutes. It is further understood by and between the parties that any documents or things 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. �a so f �g e� 11 r 4 dP x Sfi 4 i 4 AWAM COP CONTRACTOR warrants that it has not employed or retained any person(s) employed by the CITY to solicit or secure this Agreement and that it has not offered to pay#-paidi or agreed to pay any person(s) employed by the CITY any feet commission percentage# brokerage fee, or gift of any kind contingent upon or resulting from the award of this r Agreement. 'S 4.5 NON—DELBGABILITY The obligations undertaken by the CONTRACTOR pursuant to this Agreement shall not be delegated or assigned to any other person or firm unless CITY shall first consent in writing to the performance or assignment of such services or any part thereof by another person or firm. 4.6 CONSTRUCTION OF AGREMUNT This Agreement shall be construed and enforced according to the laws of the State of Florida. 4.7 OBLIGATION TO REM Upon expiration of the term of this Agreement, CONTRACTOR agrees and understands that CITY -has no obligation to renew this Agreement. 4.8 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 fi 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. x. 90 44 0 � 4 n { F. r, t : a t' It is hereby understood by and between CITY and CONTRACTOR that any payment made in accordance with this Section to 5 CONTRACTOR shall be made only if said CONTRACTOR is not In ; default under the terms of this Agreement. If CONTRACTOR is in default, then the CITY shall in no way be obligated r and shall not pay to CONTRACTOR any sum whatsoever, . q 4.9 GagRAL CONpITIONB 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 (5th) day after being posted or the date s of actual receipt, whichever is earlier. — CITY OF MIAIKI Herbert J. Aailey, Assistant City Manager Department of Development and Housing Conservation Dupont Plaza Center 300 Biscayne Blvd. Way - Suite 400 Miami, Florida 33131 - CONTRACTOR Mr. Manny Rivero, Executive Director East Little Havana Community Development Corporation 1699 Coral Way - Suite 512 Miami, Florida 33145 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 r 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 f shall be effective unless made in writing. ft i 90, POO � t modified to the extent necessary in order to'contorm 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 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 rig:>ts or benefits under the _ Civil Service or Pension. Ordinance., of the CITY or any rights generally afforded classified or unclassified 1 employees; further, they shall not be deemed entitled to the Florida Workers' Compensattan benefits as an employee of the CITY. i 4.11 SUCCESSORS AND ASSIGNS 1 1 This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. f _ tY� 12 , f �y ,' 5..trtckyloy CON' itAC' OR certifies that: t possesses the legal authority to enter into this Agreement by Wray of a resolution, motion, or similar action that has been duly adopted or passed as an official act o CONTRACTOR'S governing body, authorizing the execution of the Agreement, including all understandings and assurances I 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 representative officials thereunto duly authorized on the first date above written. • ATTEST: MATTY HIRAI CITY CLERK CITY OF MIAMI, a municipal Corporation of the State of Florida By CESAR H. ODIO CITY MANAGER in consideration Of the City Of Miami's execution Of the foregoing Agreomeh,k, 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 relatifig, .to default, assurances, and certifications. Dated this day of 1990, an individual By individually WITNESS: "PROVED AS TO INSURANCE REQUIREMENTS: INSURANCE MANAGEMENT "PROVED AS TO FORK AND CORRECTNESS: JORGE L. YE-RNANDEZ CITY ATTORNEY 1w 14 - this Corporation with the City of Miami upon the terms contained in the proposed Contract to which this resolution is attached. DATED this day of , 19____.__. HOARD OF DIRECTORS CHAIRPERSON Wilt f i � e Cl" 01P MIAMI FLORIDA r ��t �A��iLI, .QROA�ii$hTION C$b } -fit THIN AGREAKENTO 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 TACOLCy SCOM MIC DSVELOPM73NT CORPORATION, a 'Florida not -for - corporation, (hereinafter referred to as the _ .Profit 'CONTRACTOR').` Sixteenth.(16th) Year FUNDING SOURCE: Community Development Block Grant Fund TERM OF THE AGREEMENT: July 1, 1990 - June 30, 1991 AMOUNT: $ 5 0, 0 0 0 VENDOR NUI4BER TAX I.D. NUMBER: EXECUTIVE DIRECTOR: Mr. Otis Pitts, Jr. 649 Nort west 62nd Street ADDRESS: Suite 300 - Miami, Florida 33150___ TELEPHONE NUMBER: (3 0 5 ) 7 5 7 - 3 7 3 7 _ - NOOi, 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 provided by the CONTRACTOR and approved by the CITY are attached: 1.1 Corporate Resolution authorizing execution of this Agreement. - 1.2 Work Program (approved by the CITY). 1.3 Budget Summary, to include: completion of CONTRACTOR'S Program/Line-Item Budget/Expenditure Justification, Total Actual and Projected Funds disclosure, and Staff Salaries Schedule (on forms supplied by the CITY)= budget for program -generated revenues= copies of all subcontracts and/or management services agreements funded in whole or in part under this Agreement. �y i Y M 4 3 - 145 1.7 1.8 1.9 1.10 -= 1.11 5 wtificate of Ynsuranoe which reflects CONTRACT09#8 bdrrent liability innsurance, naming the CITY as primary or �- Al additional insured as determined by the Law Department' of the CITYt current Workers' Compensation insurancet current Fidelity Bond (applicable for all persons who are authorised to receive and disburse funds under this A ay Agreement)I and other coverage as deemed necessary, if } applicable (i.e. automobile insurance). CONTRACTOR'S Corporate Seal (to be affixed to Signatory ;z Page, and Corporate Resolution). Copy of CONTRACTOR'S Articles of Incorporation, Charter and Bylaws. List of Present Principal Governing Board Officers and Members of the Board (names, addresses and telephone numbers). List of Key Staff Persons, with their titles, who will carry out this program. Completion of Authorized Representative Statement. Completion of Statement of Accounting System. 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. Corporate Personnel Policies and Procedures. Job Description and Resumes for all positions funded in whole or in part under this Agreement. 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), wFu (Standards for Financial. Management Systems), "e" (Monitoring and Reporting Progress Performance), rp' (Property Management Standards), and "O' (Procurement Standards). a — A c 2 -5 OW As a necessary part of this Agreement, the CONTRACTOR shall T'r provide the following documents to the Department of Development and Housing Conservation in accordance with the requirements of the Agreement: a) Final Expenditure Report to be submitted no later than thirty (30) days after contract expiration. b) Certified Independent Audit to be submitted sixty (60) days after contract expiration. j. CONTRACTORS receiving monies from the Department of Development and Housing Conservation 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 Community Based Organization agreement with the Department of Development and Housing Conservation. The City of Miami's Department of Internal Audits and Reviews shall have the authority to review CONTRACTOR records, including programmatic records and books of account, for a period of up. to three (3) years from the termination date of the Agreement. All books of account and supporting documentation should be kept by the CONTRACTOR at least three (3) years for audit purposes. ,1 f F SFr 9 1fi C y' _ . Awtctt 1 I t ' • 261 TINSpRRRA' *x The term of this Agreement shall be from July 1, 1990 to t - June 30r 1991._ 262 CITY ARIZATtOii For the purpose of this Agreement, the City of Miami ��- Department of Development and Housing Conservation+ (hereinafter the "DEPARTMENT") WILL ACT ON BEHALF OF THE CITY in the fiscal control, programmatic monitoring, and modification of this Agreement, except as otherwise provided by this Agreement. 2.3 OBLIGATION OF CONTRACTOR f 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 of Miami Department of Development -and Housing Conservation., 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. operations of the CONTRACTOR. 2.4 BONDING AND INSURANCE - CONTRACTOR shall maintain insurance and bonding coverages acceptable to the CITY'S Insurance Management Division of = the Law Department. Prior to commencing any activity under this Agreement, the CONTRACTOR shall furnish to the CITY u> certificates of insurance and bonding indicating that the CONTRACTOR is in compliance with the provisions of this Article. ftfti2Aft t sheil pro#id# the following coveragest a1 In§urence coverage that reflects sound businese practices acceptable to the CITY'S tnsurance Mahagwaent Division of the Law 'Department. b) Fidelity bonding for all persons handling funde 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 m 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. Beat'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 of Development and i - Hous ng Conservation is to be notified in writing immediately, giving all pertinent details and indicating when service shall begin and/or continue. It is understood and agreed that the level of services, activities, and expenditures by the CONTRACTOR, in existence prior to the initiation of services hereunder, shall be continued and shall not be reduced in any way as a result of this Agreement. Programs funded through this Agreement shall not result in the displacement of employed workers, impair existing contracts for services, or result in the substitution of funds allocated under this Agreement for other funds in connection with work which would have been performed in the absence of this Agreement. �- 5 - {�4 04 th .:r �Y: 2 9 r ...�.r..�..,y .. �: _ A,.,►i.e..rr�a ANEW am, The CONTRACTOR shall comply with the federal Directive required by the U$. Department of Rousing and Urban Development (U.86 HUD) to document that program activities are provided for the benefit of low to moderate income r r persons* a r; s In accordance with the Code of Federal Regulations 24 CPR 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, $506000. b) CITY shall have the right to review and audit the time records and related records of CONTRACTOR pertaining to any payments by CITY. 90 V � -� fA � . s :. et a) Upon ekocution of this Agreement and with a written request from CONTRACTORy CITY shall advance 1/ th,of the appropriated funds to CONTRACTOR. Thirty (30).days after the final reimbursement of the fiscal year# CONTRACTOR must submit a final expenditure report verifying the expenditure of all funds reimbursed under this Agreement. 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 sixty (60) days of submitting reimbursement request, copies of the cancelled checks shall be submitted. In the event that an invoice is paid by various funding sources, a copy of the invoice may be submitted but must indicate the exact amount paid by various funding sources equaling the total of the invoice. No miscellaneous categories shall be accepted as a line item in the budget. Request for line -item changes are allowable, with prior review and approval by the CITY. All line -item changes must be made prior to the end of the term of the Agreement. b) 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. - 7 s ss WK x �' c) CONVRAC"R must subibit the final request for payarent to xt the CITY within thirty (30) calendar days following the ' expiration, date or termination date of this Agreement6 3� 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. 3 d) Any payment due under and approval by the CITY of all reports due from the CONTRACTOR as a part of. .this 1y 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 (3) 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 therefore 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. 3.4 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 (1i) to accept conditions imposed by CITY at the direction of the federal, state and local agencies. 3.5 CONTINGENCY CLADSz 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. iA # ; i n] CONTRACTOR shall indemnify# defend and gave CITY harmless from and against any and all claims, liabilities, 1066681 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 itawbehalf; 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 ONNERSHIP OF DOCUMENTS All documents developed by CONTRACTOR under this Agreement shall be delivered to CITY by said CONTRACTOR upon completion of the services required pursuant to this Agreement and shall become the property of CITY,, without restriction or limitation on its use. CONTRACTOR agrees that all documents maintained and generated pursuant to this contractual relationship between CITY and CONTRACTOR shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes, It is further understood by and between the parties that any documents or things 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. 44, -5141, 0 4,4 4.5 4.6 4.7 4.8 CONTRACTOR warrants that it has not emplc)yed or retained any person(s) employed by the CITY to solicit or secure this Agreement and that it has not offered to payr:pai-df or agreed to pay any person (a) employed by the CITY any commission percentage# brokerage feet or gift of any kind contingent upon or resulting from the award of this Agreement. NON-DRLH M ILITY The obligations undertaken by the CONTRACTOR pursuant to this Agreement shall not be delegated or assigned to any other person or firm unless CITY shall first consent in writing to the performance or assignment of such services or any part thereof by another person or firm. CONSTRUCTION OF AGREEKENT This Agreement shall be construed and enforced according to the laws of the State of Florida. OBLIGATION TO RENEW Upon expiration of the term of this Agreement, CONTRACTOR agrees and understands that CITY -has no obligation to renew this Agreement. 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. 10 -o N . . . . . . . . . . . . . 4 It is hereby undetatond by and between CITY and CCNTRAC'i'Olk that any payment made in accordance with this Reotion t-o; r CONTRACTOR shall be made only if said CONTRACTOR is not in default under the terms of this Agreement. If CONTRACTOR is in default, then the CITY shall in no way be obligated and shall not pay to CONTRACTOR any sum whatsoever. 1is a 4.9 OMPAL CONDITIONS a) All notices or other communic4,tions which shall or may._, ' be given pursuant to this Agreement shall be in writing and shall be delivered by personal servicer 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 (5th) day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI Herbert J. Bailey, Assistant City Manager Department of Development and Housing Conservation Dupont Plaza Center 300 Biscayne Blvd. Way - Suite 400 Miami, Florida 33131 CONTRACTOR Mr. Otis Pitts, Jr., Executive Director Tacolcy Economic Development Corporation 645 Northwest 62nd Street - Suite 300 Miami, Florida 33150 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 =t the same or any other provision hereof, and no waiver shall be effective unless made in writing. k ` t ys e) 6hould any provisions, paragraphs, sentences, words or phases contained in this Agreement be determined by a F Y. court of competent jurisdiction to be invalid, illeghl or otherwise unenforceable under the laws of the state _ zy Of Florida or the City of Miami, such provisions f� e paragraphs, sentences, words or phrases shall be deemed 4,1 . 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 y _ either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. 4.10 INDEPENDENT CONTRACTOR 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 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 Workers' Compensation benefits as an employee of the CITY. 4.11 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. — 12 - t r 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 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 representative officials thereunto duly authorized on the first date above written. `m�4A" y}y,�"}gNr�(•u* .rYWL � "iKJ�l.��, L_ , in consideration of the City of MAWS' execution of the foregoing Agreement, the undersigned, guarantee the performance of the terms and 7 conditions in said Agreement required to be performed by the ; CONTRACTOR including, but not limited to, the provisions relating k 12 F to defaalt, assurances, and certifications. f �G Dated this day of r 199or r an individual By r individually WITNESS: APPROVED AS TO INSURANCE REQUIREMENTS: INSURANCE MANAGEMENT APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY 1.4 E z-, desires ; to enter into an agreement with the City of Miami; and f�- MEREA$, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the By -Laws of the Corporations; "RRBFORB, BE IT RESOLVED BY TRN BOARD OF DIRECTO - that the president and secretary are hereby authorised and hr instructed to enter into a contract in the name and on behalf of this Corporation with the City of Miami upon the terms contained _ in the proposed Contract to which this resolution is attached. DATED this day of 19�• BOARD OF DIRECTORS CHAIRPERSON SECRETARY `4 9h�ggt 4 n el" Or MIAMI ► FLORIDA THIS AGREEMENT# entered into this ..�:. day of ► 19,,E►-between the CITY OF MIAMI, a municipal corporation of the State of Florida, (hereinafter referred to as the "CITY"), and CODBC, INC., a Florida not -for -profit corporation, (hereinafter .referred to as the 'CONTRACTOR"). Sixteenth (16th) Year FUNDING SOURCE: Community Development Block Grant Fund TERM OF THE AGREEMENT: July 1, 1990 - June 30, 1991 AMOUNT: $ 50,000 VENDOR NUMBER TAX I.D. NUMBER: EXECUTIVE DIRECTOR: Mr. Jose Fabre as 300 Southwest l th Avenue ADDRESS: Suite A - Miami, Florida 33130 TELEPHONE NUMBER: (305 ) 642 -1381 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 provided by the CONTRACTOR and approved by the CITY are attached: 1.1 Corporate Resolution authorizing execution of this 1.2 1.3 Agreement. Work Program (approved by the CITY). Budget Summary, to include: completion of CONTRACTOR'S Program/Line-Item Budget/Expenditure Justification, Total Actual and Projected Funds Disclosure, and Staff Salaries Schedule (on forms supplied by the CITY); budget for program -generated revenues; copies of all subcontracts and/or management services agreements funded in whole or in part under this Agreement, i 0 i{ 1 4 Certificate of tnourance which reflects CCNTPAdT0j#8 current liability insurances naming the CYTY as primary or additional insured as determined by the Law Department of the CITYi current 'Workers' Compensation insurance= current x: FidelityNand (applicable for all �� persons �hr► are k" authorized to receive and disburse funds under this u; Agreement)= and other coverage as deemed necessary, if 2 applicable (i.e. automobile insurance). 1.5 CONTRACTOR'S Corporate Seal (to" be affixed to Signatory a Page, and Corporate Resolution). 1.6 Copy of CONTRACTOR'S Articles of Incorporation, Charter and Bylaws. 1.7 List of Present Principal Governing Board Officers and Members of the Board (names, addresses and telephone numbers). 1.6 List of Key Staff Persons, with their titles, who will carry out this program. 1.9 Completion of Authorized Representative Statement. 1.10 Completion of Statement of Accounting System, 1.11 A letter from an independent Certified Public Accountant which expresses the opinion that the CONTRACTOR'S internal controls are adequate to safeguard the organization'-s assets. 1.12 Corporate Personnel Policies and Procedures. 1.13 Job Description and Resumes for all positions funded in whole or in part under this Agreement. 1.14 Acceptance of Office of Management and Budget (OMB) f Circular A-110, Attachments 'A", (Cash Depositaries), Be'° (Bonding and Insurance), 'C° (Retention and Custodial k Requirements for Records), °F' (Standards for Financial Management Systems), "H° (Monitoring and Reporting Progress Performance), °N' (Property Management Standards), and 000 (Procurement Standards). 2 3 , -'rM'x .2tk�Yd 5 .-`'v-s. u 1.i5 Acceptance of MOO Regulations 24 CPR part 85 entitled if"• i *Uniform Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognised Indian Tribal Governments." 1.16 Acceptance of Policies and Procedures Manual for Community Used 'Organ itat ions. t As a necessary part of this Agreement, the CONTRACTORshall.; provide the following documents to the Department of Development r: ; and Housing Conservation in accordance with the requirements of the Agreement: a) final Expenditure Report to be submitted no later than thirty (30) days after contract expiration. b) Certified Independent Audit to be submitted sixty (60) days after contract expiration. CONTRACTORS receiving monies from the Department of Development and Housing Conservation must allocate in 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 Community Based Organization agreement with the Department of Development and Housing Conservation. The City of Miami's Department of Internal Audits and Reviews shall have the authority to 11 review CONTRACTOR records, including programmatic r i records and books of account, for a period of up to three (3) years from the termination date of the Agreement. All books of account and supporting 4F f documentation should be kept by the CONTRACTOR at least 4 _ three (3) years for audit purposes. 4 >a z 3 Fw v i d,nL 2.2 CITY AUTHORIZATION For the purpose of this Agreement, the City of Miami s Department of Development and Housing Conservation i (hereinafter the "DEPARTMENT") WILL ACT ON BEHALF OF THE ` CITY in the fiscal control, programmatic monitoring, and t modification of this Agreement, except as otherwise provided by this Agreement. 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 of Miami Department of Development -and Housing Conservation. CONTRACTOR is aware and accepts the Policies and Procedures F: Manual for Community Based Organizations as the official document which outlines the fiscal, administrative and W Federal guidelines and which shall regulate the day-to-day operations of the CONTRACTOR. ;t x E .n 2.4 BONDING AND INSURANCE a w kr CONTRACTOR shall maintain insurance and bonding coverages r acceptable to the CITY'S Insurance Management Division of= the Law Department. Prior to commencing any activity under this Agreement, the CONTRACTOR shall furnish to the CITY } f: certificates of insurance and bonding indicating that the z L CONTRACTOR is in compliance with the provisions of this Article. IJ i 1 ^� 1 4 � rrs 90 W CONTRACTOR shall provide the following Coverages: a) litsurance coverage that reflects sound business practices acceptable to the CITY'S Insurance Management' Division of the Las 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 4 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. h 11 t lieve the Compliance with the foregoing requirements s a no re 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 of Development and Housing Conservation is to --be notified in writing immediately, giving all pertinent details and indicating when service shall begin and/or continue. It is understood and agreed 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 3 �y Agreement. Programs funded through this Agreement shall not result in the displacement of employed workers, impair existing contracts for services, or result in the substitution of funds allocated under this Agreement for { other funds in connection with work which would have been performed in the absence of this Agreement. 5 - 4! z k Ft� +� 9 0 o - J 0 �1 � �►� 1� LtiA��c3�1� The CONTRACTOR shall comply with the required by the V68. DepartMent of Development (b.R. ROD) to document that program activities are provided for the benefit of low to moderate income personst f- In accordance with the Code of Federal Regulations 24 CPR Part 570.506, records shall be maintained for each activity t�= 0 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, k 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. ARTICLB III 3.1 COKPBNSATION a) CITY shall pay CONTRACTOR, as maximum compensation for the services required pursuant to Article II hereof, $50r000. b) CITY shall have the right to review and audit the time records and related records of CONTRACTOR pertaining to any payments by CITY. 4 r�1e 91 iR �Y JYS ;r h 4 k i Fti . a) Upon execution of this Agreement and with a writtiOn request from CONTRACTOR# CITY shall advance 1%Sth of the appropriated funds to CONTRACTOR. Thirty (30) days 'f= f after the final reimbursement of the fiscal year# CONTRACTOR must submit a final expenditure report verifying the expenditure of all funds reimbursed under = this Agreement. Request shall be subject to approval s 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 r 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 l invoice. Within sixty (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' 1 may be submitted but must indicate the exact amount paid by various funding sources equaling the total of the invoice. No miscellaneous categories shall be accepted as a line item in the budget. Request for line -item changes are allowable, with prior review and approval by the CITY. All line -item changes must be made prior to the end of the term of the Agreement. - b) Requests for payment should be made at least on at monthly basis. Reimbursement requests should be e 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. Y r � £ yi J { 9 _ 9 Ar z xFl• � k' o) CONTRACTOR must submit the final request for payment to the CITY within thirty (30) calendar days following the e10itatioh date or termination date of this Agreement. It the CONTRACTOR fails to comply, all rights to ,J payment are forfeited and the CITY shall not honor any request submitted after the aforesaid agreed upon period. >s d) Any payment due under and approval by the CITY of all reports due from the CONTRACTOR as a part of this f 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 (3) years after final payment is made under this Agreement. CONTRACTOR agrees to provide all financial and other applicable records and documentationof services to CITY. Any payment therefore 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. 3.4 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. 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. r e , allR a � ARTICLE tV 4.1 INDSOMCATION CONTRACTOR shall indemnify, defend and save CITY hatimlebb from and against any and all claims, liabilities, lossos� :44 and causes of action which may arise out of CONTRACTOR19 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 All documents developed by CONTRACTOR under this Agreement shall be delivered to CITY by said CONTRACTOR upon completion of the services required pursuant to this Agreement and shall become the property of CITY, without restriction or limitation on its use. CONTRACTOR agrees that all documents maintained and generated pursuant to this contractual relationship between CITY and"CONTRACTOR shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any documents or things 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. 9 90" 50 . ........ - k 4 4 kWAMD . A IMM CONTRACTOR warrants warrants that it has not employed or retained A any persona) 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 (s) employed by the CITY any feet commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this 3- Agreement. _ 4.5 NON-DELEGARILITY The obligations undertaken by the CONTRACTOR pursuant to this Agreement shall not be delegated or assigned to any - other person or firm unless CITY shall first consent in writing to the performance or assignment of such services or any part thereof by another person or firm. 4.6 CONSTRUCTION OF AGRBBNBNT — This Agreement shall be construed and enforced according to the laws of the State of Florida. -- 4.7 OBLIGATION TO RENEW - Upon expiration of the term of this Agreement, CONTRACTOR agrees and understands that CITY -has no obligation to renew -- this Agreement. 4.8 TSRNINATION 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 events notice of termination of this Agreement shall - be in writing to CONTRACTOR, who shall be paid for those Ire? services performed prior to the date of its receipt of the notice of termination. In no case, however, shall CITY pay t; CONTRACTOR an amount in excess of the total sum provided„ by 4 this Agreement. W to 4.9 It is hereby understood by and betoten 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 terma of this Agreement. If CONTRACTOR is in default, then the CITY shall in no way be obligated and shall not pay to CONTRACTOR any sum whatsoever. GXNERAL CONDITI0NS 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 (5th) day after being posted or the date of actual receipt, whichever is earlier. CITY OF NZAKI Herbert J. Bailey, Assistant City Manager Department of Development and Housing Conservation Dupont Plaza Center 300 Biscayne Blvd. Way - Suite 400 Miami, Florida 33131 CONTRACTOR Mr. Jose Fabregas, Executive Director CODEC, Inc. 300 Southwest 12th Avenue - Suite A Miami, Florida 33130 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 provisibtta, paragraphs, sentences, words or phases contained in this Agreement be determined by a court of compet@nt ' 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 th'ia Agreement shall remain unmodified and in full force and effect. 4.10 INDEPENDENT CONTRACTOR 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 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 Workers' Compensatton benefits as an employee of the CITY. 4.11 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. 12 " A` t a . S itn eta rX. 1i CONTRACTOR certifies that3 } It possesses. the legal authority to enter into this t' Agreement by way of a resolution, motion, or similar action that has been duly adopted or passed as an official act of a 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 representative officials thereinto"duly authorized on the first date above written. ATTEST: MATTY HIRAI CITY CLERK ATTEST: CORPORATE SECRETARY (SEAL) w - • in consideration of tie City of Miami's execution of the foregoing Agreement, the unrersigned, guarantee the performance of the terms and conditions in said Agreement required to be performed by the fr '. CONTRACTOR including, but not limited to, the provisions relating to default, assurances, and certifications. By Dated this day of , 19900 an individual individually WITLESS s APPROVED AS TO INSURANCE REQDIREMBNT82 INSURANCE MANAGEMENT APPROVED AS TO FORD! AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY CtTr Off' UtAUt fat CORPOUTS 92SOLUTION desires to enter into an agreement with the City of Miami; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the By -Laws of the Corporations; WWv THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that the president and secretary are hereby authorized and instructed to enter into a contract in the name and on behalf of this Corporation with the City of Miami upon the terms contained in the proposed Contract to which this resolution is attached. DATED this day of .# 19 SECRETARY j� BOARD OF DIRECTORS CHAIRPERSON CITY or KIAKI V PLORIDA �AS�p C�t�#AtiIRATfOni . � THIS AGREEMENT,, entered into this day of � 10 between the CITY OF NZAMI, a municipal corporation of the State of Florida, (hereinafter referred to as the `CITY"), and ST. JOHN COMMUNITY DEVELOPMENT CORPORATION, a Florida not -for - profit corporation, "CONTRACTOR'). FUNDING SOURCE: TERM OF THE AGREEMENT: AMOUNT: TAX I.D. NUMBER: to as the. Sixteenth (16th) Year Community Development Block Grant Fund July 1, 1990 - June 30, 1991 $ 50 , 0 0 0 VENDOR NUMBER (hereinafter ,referred EXECUTIVE DIRECTOR: Mr. David E. Days ADDRESS: 1328 Northwest 3rd Ave. - Miami, F1. 33136 TELEPHONE NUMBER: (305 ) 372-0682 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 provided by the CONTRACTOR and approved by the CITY are attached: 1.1 Corporate Resolution authorizing execution of this Agreement. 1.2 Work Program (approved by the CITY). 1.3 Budget Summary, to include: completion of CONTRACTOR' Program/Line-Item Budget/Expenditure Justification, Tota Actual and Projected Funds Disclosure, and Staff Salaris Schedule (on forms supplied by the CITY)f budget fc program -generated revenuesf copies of all subcontract and/or management services agreements funded in whole ca in part under this Agreement. s. In r - 1.5 1.6 1.7 1.8 1.i Certificate of insurance which reflects CONTRACTC)V 8 1 2 3 4 current liability insurance# naming the CITY as primary ter additional insured an determined by the Law Department Of � _ the CITY; current Workers' Compensation insurance= current Fidelity Bond (applidable for all persons wbo' are = s authorized to receive and disburse fundunder this Agreement)i and other coverage as deemed neceadaryr applicable (i.e. automobile insurance)._ CONTRACTOR'S Corporate Seal (to be affixed to Signatory Page, and Corporate Resolution). Copy of CONTRACTOR'S Articles of Incorporations Charter and Bylaws. - List of Present Principal Governing Board Officers and - Members of the Board (names, addresses and telephone numbers). List of Key Staff Persons, with their titles, who will , carry out this program. Completion of Authorized Representative Statement. i Completion of Statement of Accounting System. 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. ;y 5? Corporate Personnel Policies and Procedures. { Job Description and Resumes for all positions funded in whole or in part under this Agreement. Acceptance of Office of Management and Budget (OMB) Circular A-110, Attachments "A", (Cash Depositaries),`"". (Bonding and Insurance), "C" (Retention and Custodial Requirements for Records), "P" (Standards for Financial 4�. �t R" Management Systems), Now (Monitoring and Reporting ProgressPerformance), "l�" (Property Management Standards), and 00" (Procurement Standards). f i 1.16 As a �rvb Y.p� b.eu ryvtigµfy. }�, t L� Acceptance of HUD Regulations 24 CPR Pert 86 entitled *uniform Administrative Requirements for Grants and Cooperative Agreements to State, Local and federally h �l f Recognized Indian tribal Governments.* 5 . Acceptance of Policies and Procedures Manual for Community k Based Organizations. necessary part of this Agreement, the CONTRACTOR shall provide the following documents to the Department of development and Housing Conservation in accordance with the requirements of : w the Agreement: a) Final Expenditure Report to be submitted no later than thirty (30) days after contract expiration. b) Certified Independent Audit to be submitted sixty (60) days after contract expiration. CONTRACTORS receiving monies from the Department of Development and Housing Conservation must allocate in 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 Community Based Organization agreement with the Department of Development and Housing z Conservation. The City of Miami's Department of Internal Audits and Reviews shall have the authority to review CONTRACTOR records, including programmatic records and books of account, for a period of up to. three (3) years from the termination date of the Agreement. All books of account and supporting n documentation should be kept by the CONTRACTOR. at least 5 three (3) years for audit purposes. ` k pi R S' xV 1 4]Y� vFfi T { A A„. r•F^wlylr. . A"ICL9 II 5A 2.1 tjMv Or, PEMO04ANCH The term of this Agreement shall be from July It 1990 to June 30# 1991. 2.2 CITY AUft0Rr2AVr0N For the purpose 2.3 2.4 of this Agreement, the City of Miami Department of Development and Housing Conservatibn (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. 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 of Miami Department of Development and Housing Conservation, 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' operations of the CONTRACTOR. BONDING AND INSURANCE CONTRACTOR shall maintain insurance and bonding coverages acceptable to the CITY'S Insurance management Division of the Law 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. 4 S Fy q L t3rL.= :. CONTPACTOR shell prmvido the following coverages: y a) insurance coverage that reflects sound bueineae practices acceptable to the cjTY'S Insurance Management " Division of the Law Department. b) Fidelity bonding for all persons handling funds received or disbursed under this Agreement in an amount Y 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 i i such olicies to override the k shall be no exclus ons n p CITY coverage. c) Current liability insurance shall be rated by A.M. Rest'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. i 2.5 LEWL OF SERVICE Should start-up time for a program be required or any - delays in service occur, the Department of Development and Housing Conservation is to --be notified in writing immediately, giving all pertinent details and indicating when service shall begin and/or continue. It is understood -' and agreed that the level of services, activities, and expenditures by the CONTRACTOR, in existence prior to the initiation of services hereunder, shall be continued and shall not be reduced in any way as a result of this Agreement. Programs funded through this Agreement shall not result in the displacement of employed workers, impair existing contracts for services, or result in the: substitution of funds allocated under this Agreement for other funds in connection with work which would have been -� performed in the absence of this Agreement. t Y'e 190 "' a i The CONTRACTOR shall comply with the Federal Directive required by the U.S. Department of housing and Urban Development (U.S. HUD) 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 CM 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 Garry 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 Ilr 3.1 COMPENSATION a) CITY shall pay CONTRACTOR, as maximum compensation for the services required pursuant to Article II hereof, $50, 000. b) CITY shall have the right to review and audit the time records and related records of CONTRACTOR pertaining to any payments by CITY. - 6 2, 2 a) Upon execution of this Agreement and with a written.,r request from CONTRACTOR# CITY shall advance 1/6th of the appropriated funds to CONTRACTOR, Thirty (30) days r� after the final reimbursement of the fiscal year#: CONTRACTOR must submit a final expenditure report` verifying the expenditure of all funds reimbursed under „ Y this Agreement. 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. form and All reimbursements must be in line -item 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 sixty (60) days of submitting reimbursement request, copies of the cancelled checker shall be submitted. In the event that an invoice is paid by various funding sources, a copy of the invoice may be submitted but must indicate the exact amount paid by various funding sources equaling the total of the invoice. No miscellaneous categories shall be _ accepted as a line item in the budget. Request for line -item changes are allowable, with prior review and approval by the CITY. All line -item changes must be made prior to the end of the term of the Agreement. b) Requests for payment should be monthly basis. Reimbursement made at least on a 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. - 7 3.3 3.4 3.5 404 i o) CONTRACTOR must sUbmit the final request for payment to the CITY within thirty (30) calendar days following the M expiration date or termination date of this Agreement. k - tf the CONTRACTOR fails to complyr all ' rights td ,k payment are forfeited and the CITY shall not honor Any _q request submitted after the aforesaid agreed upon period. d) Any payment due under and approval by the CITY of all reports due from the CONTRACTOR as a part of this contract and any modifications thereto. FINANCIAL ACCOUNTABILITY - CITY reserves the right to audit the records of CONTRACTOR at any time during the performance of this Agreement and 5 for a period of three (3) 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 therefore 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. RECAPTURE OF FONDS CITY shall reserve the right to recapture funds when the CONTRACTOR shall fail (i) to comply with the terms of this Agreement or (H) to accept conditions imposed by CITY.at the direction of the federal, state and local agencies. CONTINGENCY CLAUSE 'p T 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. ' 8 — f ,r fnpi ARTMA - I IMMEMM&TION CONTRACTOR shall indemnify, defend 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 • All documents developed by CONTRACTOR under this Agreement shall be delivered to CITY by said CONTRACTOR upon completion of the services required pursuant to this Agreement and shall become the property of CITY, without restriction or limitation on its use. CONTRACTOR agrees that all documents maintained and generated pursuant to this contractual relationship between CITY and CONTRACTOR shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any documents or things 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 purpose's whatsoever without the written consent of CITY. 4.4 r AVAN OF ACr CONTRACTOR warrants that it had not employed or tetaifi d any person(a) employed by the CITY to solie t or secure this Agreement and that it has not offered to pay# paid] dt agreed to pay any person(s) employed by the CITY any feo , commission percentage, brokerage fee, or gift of any kind "t contingent upon or resulting from the award of this Agreement. 4.5 NON-OHLEGAMITY The obligations undertaken by the CONTRACTOR pursuant to this Agreement shall not be delegated or assigned to any other person or firm unless CITY shall first consent in writing to the performance or assignment of such services or any part thereof by another person or firm. 4.6 CONSTRUCTION OF AGREEMENT This Agreement shall be construed and enforced according to the laws of the State of Florida. 4.7 OBLIGATION TO RENEW Upon expiration of the term of this Agreement, CONTRACTOR agrees and understands that CITY -has no obligation to renew this Agreement. 4.8 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 of the notice of termination. In no case, however, shall CITY pair CONTRACTOR an amount in excess of the total sum provided by this Agreement. t `t rya` W'S' n 10 .._ 90 ku a ii � i 4- pp s , �s 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 the CITY shall in no way be obligated and shall not pay to CONTRACTOR any sum whatsoever. 4.9 GHURRAL CONDITIONS a) All notices or other communic$tions 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 (5th) day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI Herbert J. Bailey, Assistant City Manager Department of Development and Housing Conservation Dupont Plaza Center 300 Biscayne Blvd. Way - Suite 400 Miami, Florida 33131 CONTRACTOR Mr. David E. Days, Executive Director St. John Community Development Corporation 1328 Northwest 3rd Avenue Miami, Florida 33136 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. �4 e) Should any provision#, paragraphs, sentences, wards or phases contained in this Agreement be determined by a eburt of cbmpetent jurisdiction to be invalid# illegal or otherwise unenforceable under the laws of the state of Florida or the City of Miami, such provision&, 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 s such laws, then same shall be deemed severablep 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 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 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 Workers' Compensation benefits as an employee of the CITY. 4.11 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. 12 3 iE i= y 14 sti 511 COiiVRACTOR . CURTIM ATIONS CONTRACTOR certifies that: It possesses the legal authority to enter into this z .r; Agreement by way of a resolutiont motion, or similar action that has been duly adopted or passed as an official act of 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 representative officials thereunto duly authorized on the first date above written. CITY OF HIANI, a municipal Corporation of the State of Florida ATTEST: f MATTY HIRAI y CESAR H. ODIO tt CITY CLERK CITY MANAGER Y 3 y ATTEST: CONTRACTOR: —�By CORPORATE SECRETARY PRESIDENT (SEAL) Lill y t i Vq 4 i � t p. g 13 r N' F ant R 4t in consideration of the City of Miami's execution of the foregoing Agreement, the undersigned, guarantee the performance of the terms and t z conditions. in said Agreement required to be performed by he CONTRACTOR.including, but not limited to, the provisions relating v, �' to default, assurances, and certifications. xi Dated this day of 199Q, an individual By , individually WITNESS: APPROVED AS TO INSURANCE REQUIREMENTS: INSURANCE MANAGEMENT . APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY 14 - to enter into an agreement with the City of Miami; and WHBRBABi the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the Bye -Laws of the Corporations; RON# THEREFORBe BE IT RESOLVED BY TEE BOARD 01' DZRBCTOIW that the president and secretary are hereby authorized and instructed to enter into a contract in the name and on behalf of this Corporation with the City of Miami upon the terms container] in the proposed Contract to which this resolution is attached. DATED this day of , 19 6 BOARD OF DIRECTORS CHAIRPERSON SECRETARY i „s. £r r u �r ty Yr of CITY OF MIAMI, FLOF00A INTER -OFFICE MEMORANDUM 0: Honorable Mayor and Members of the ity Commission Rom: Cesar H. Odio City Manager AM DATE 3 1990 FILE : Resolution Authorizing' SUBJECT Execution of Agreements Between the City and CDC's REFERENCES City Commission Agenda Item - July 12, 1990 ENCLOSURES: RZCOW4MMT1ON: It is respectfully recommended that the 'City Commission -adopt the attached resolution authorizing the City Manager to.execute individual contractual Agreements with the East Little Havana .Community Development Corporation, St.` John. Community Development Corporation,, Tacolcy Economic Development Corpoiatiomand CODECI Inc., in-Eurtherance of their efforts to stimulate the development of housing affordable to low and - moderate income families and individuals in, the City, of - Miami. The attached' resolution further directs the. City Manager to allocate: and disburse administrative funding, in the amount of $50,000 each, from 16th Year Community Development Block Grant funds, to the aforementioned neighborhood based community development corporations, for the purpose of undertaking housing related activities in the City. BACKGROUND: The Department of Development and Housing Conservation recommends ratification of the attached resolution authorizing the City Manager to execute individual contractual 'Agreements with the East Little Havana Community Development Corporation# St John Community Development Corporation,, Tacolcy Economic Development Corporation and CODEC, Inc., in furtherance of their efforts to stimulate the - development of housing affordable to low and moderate income families in the City of Miami's. 'h The attached resolution further directs the City naiger to Ma' allocate and disburse. administrative funding, in,the amqunt of $SO#,000 eacho,-. from 16th Year Community. Development Block Grant funds, to the aforementioned neighborhood based community development corporations in support, of their efforts to stimulate the development of housing affordable to low and moderate income families and individuals in the -City of 141001.4. Execution of .AandeCDCta Between Ctty Of Page - 2 - On April 12, 1490, the City Com ana er t tors through Resolution City's 90-300, authorized the City Manager S Department of Approved Grant Program Final Statement tinthconnection with the Housing and Urban Development (HUD),for request far funds in the amount of Community impcitlements ion of the City's proposed g90°1991. Y Block Grant Program during fiscal y al of the CDBG funded housing related projects approved for Sever Development Block Grant funding, involve the 16th Year Community to the provision of $50,000 each in administrative funding u p based housing development corporations aforementioned community ;'. for the purpose of -undertaking housing related activities in the City-* { mission ratification of the attached resolution i8 City .Com, recommended. Attachments: Proposed Resolution Agreements 4 90 1