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HomeMy WebLinkAboutR-90-0518RESOLUTION NO. 9 0- 5 A RESOLUTION, WITH A- ALLOCATING $1,662,150 OF YEAR �9MMUNITY DEVELOPMENT FUNDS= PREVIOUSLY APPROF ORDINANCE NO. 10727, ADOPT 1990, AND $1061,?68 OF SPECI: AND ACCOUNTSt- CONTINGE1 PREVIOUSLY NAMED SOCIAL AGENCIES FOR APPROVED SOCI PROJECTS; FURTHER AUTHORIZIL' MANAGER TO EXECUTE ACRE SUBSTANTIALLY THE FORM ATT: SAID AGENCIES FOR SAID PROJ WHEREAS, the City Commission adopted April 12, 1990 which authorized the Cit Final Statement for the proposed use of Development Block Grant Funds to the U.- and Urban Development; and WHEREAS, the Final. Statement inc $1,662,150 from the public service portio non profit agencies to provide twenty-two and WHEREAS, the City Commission express = General Funds to restore the twenty - Fifteenth Year Level; and WHEREAS, $106,268 of Special Contingent Fund have been identified for NOW, THEREFORE, BE IT RESOLVED BY T OF MIAMI, FLORIDA: SECTION 1. The recitals and fi Preamble to this Resolution are hers The grant to one such project is beini will be considered at a subsequent Ci AITTAC H I ,0,NTn G �n fit° ^e thereto and 1 w` T.: ificorporated bo to h as if fully hot forth in +he section, SECTION $l j662i150 of Sixteenth Year Community Development Eiook grant Funds# previously appropiriated by Ordinhhoe Noo 10727, adopted May 24, 1990, are hereby allocated as specified below: :- 16TH YEAR CONTINGENT - AGENCYIPROJECT CD FUNDS FUNDS Action Community Center, Inc. $ 276,160 $ 17,650 City -Wide Transportation- Allapattah Community Action, Inc. 240,406 15,368 '= 4; Alternative Programs, Inc. 46,996 3,004 Alternative to Incarceration Assoc. for the Useful Aged, Inc. 37,781 2,415 Assistance to the Elderly Catholic Community Services, Inc. 59,192 3,784 Centro Mater Childcare Catholic Community Services, Inc. 44,820 2,862 L. H. Community Center Childcare Catholic Community Services, Inc. 17,760 1,133 Notre Dame Day Care Catholic Community Services, Inc. 21,140 1,351 San Juan de Puerto Rico Day Care and Neighborhood Center Coconut Grove Family Health Center 52,535 3,357 Cure Aids Now 26,202 1,685 Home Delivered Meals to AIDS Patients End World Hunger, Inc. 13,380 855 -- Community Food Gardens First United Methodist Church, Inc. 9,435 602 Downtown Elderly Hot Meals Programs Haitian American Comtlynity Center 44,485 2,844 - of Dade County, Inc. - Holy Cross Day Care Center, Inc. 84,558 5,407 - Wynwood Childcare Holy Cross Day Care Center, Inc. 174,012 11,126 De Hostos Senior Center James E. Scott Community Assoc., Inc. 90,216 5,770 City Wide Elderly Hot Meals This allocation is not to be accomplished until further review by the City Commission. r kkf^fii k f Miami. Jewish Home and Hospital for the Aged, Inc. Miami Mental Health, Inc. Coconut Grove Mental Health Program Southwest Social Services, Inc. Citywide Elderly Hot Meals Program St. Alban'a Day Nursery, Inc. C. Grove Family Day Care Program TOTAL ALLOCATION 26,759 25,613 62,053 26,321 $1,662,150 fY5 2 M 15,1f�6 1,712 1,638 R t _ $ 106,268 SECTION 3. The City Manager is hereby authorized to execute agreements, in substantially the form attached, with the aforementioned agencies31 to implement their respective social service projects, subject to the conditions and limitations contained herein and in the City Code. SECTION 4. This Resolution shall become effective immediately upon its adoption pursuant to law. PASSED AND ADOPTED this _ day of ..� 1990. 2 COMMUNITY DEVELOPMENT IEWI F -A A� DI CTOR cD t DL�V t�i)PitENT DELTA tTM FINANCE REVIENx CARLOS ARCIA� DIRECTOR FINANCW DEPARTMENT APPROVED AS TO FORM AND CORRECTNESS: R E L. FERN DEZ C TY TT RNEY WA- _ i r CITY OP MIAMI, FLORIDA GRANT AGREEMENT f THIS AGREEM ', entered into this day of Y 19, between the City of Miami, a Municipal corporation of the State of Florida, (hereinafter referred to as the "CITY"), and AGENCY, a Florida not for profit corporation, (hereinafter referred to an the "CONTRAC'TOR"). i FUNDING SOURCES TERM OF THE AGREEMENT: t AMOUNTS $ VENDOR NUMBER& TAX IDENTIFICATION NO.: h, M MCUTIVE DIRECTOR ADDRESSs TLLSPRONE NO.: i NOW, THEREFORE, in consideration of the mutual covenants and =7 obligations herein set forth, the parties understand and agree as follows: ARTICLE I _ _ F. As'a necessary part of this Agreement, the following documents j' which have been approved by the CITY are attached: f 1.1 Corporate Resolution authorizing of �< execution this js Agreement. 1.2 Work Program z! 1.3 Budget Summary, to include: completion of CONTRACTOR'S fr Program/Line-Item Budget/Expenditure Justification, Total Actual and Projected Funds Disclosure, and Staff Salarion Schedule (on forms supplied by the CITY); budget for s> program -generated revenuesl copies of all subcontracts and/or management services agreements funded in whose or, in l part under this agreement. q 4` ( E - wni, C a 1� `t 1.4 Certificate of insurance which reflects CONTRACTOR'S s- ''. current -liability insurance, naming the CITY as primary or additional insured as determined by the Law Department of the CITYf current Workers' Compensation insurances current Fidelity Bond (applicable for all persons who are authorised to receive and disburse funds under this �= Agreement)= and other coverage as deemed necessary, it applicable (i.e. automobile insurance). 1.5 CONTRACTOR's Corporate Seal (affixed to Signatory Page, and Corporate Resolution). 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. 1.6 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 � v 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 inn whole or in part under this Agreement. 3` r 1.14 Acceptance of office of Management .and Budget, : , ( Ott) AA Circular A-110r Attachments "A", (Cash Deposita►riee.),, "R" ( Bonding and Insurance) , "C" ( Retention and Cg4tqdlad. , j �i w' 90 3Vt� t rKs j 1 ti�ii't t � a %� t{ Requirements for Records), '►P" (Standards for Financial Y 1; n Management System$),."H" (Monitoring and Reporting Progress z Performance), "N" (Property management Standards), andx it "C" (Procurement Standards). 1.15 Acceptance of HUD Regulations 24 CPR Part 85 entitled 3� - =r "Uniform Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognised Indian Tribal Governments". �x- 1.16 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: 1.17 Final Expenditure Report to be submitted no later than thirty (30) days after expiration of the agreement. 1.18 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 s 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° Nr 4( authority to review CONTRACTOR records, including programmatic records and books of account, for a period:�of up to three (3) years from the term3.nation date of .the i dtf.. agreement. All books of account and supporting f�Y r4{ r op W -1 2.2 ,i 2.3 2.4 M j% doetimontatio t abdUld be kept by the Contradtor at least three (3') years for audit purposes �j - ARTICLE It `V TIME by PERFORMANCE �F The term of this Agreement shall be from July 1, . 1990 to June 30, 1990. < "u CITY AUTHORIZATION -A 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. 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 k by the United States Secretary of Treasury and the City Department. Y Contractor is aware and accepts the Policies and Procedures Manual for Community Based Organizations as the official s� document which outlines the fiscal, administrative and Federal guidelines and which shall regulate the day-to-day 'R operations of the CONTRACTOR. a BONDING AND INSURANCE 3• CONTRACTOR shall maintain insurance and bonding coverages acceptable to the CITY's Insurance ManagementDivision of the Law Department. Prior to commencing any activity under Y E,t f y�* L this Agreement, the CONTRACTOR shall furnish to the CITY x." ' certifidatee of insurance and bonding indicating that the CONTRACTOR i in compliance with the provisions of this t article. i CONTRACTOR shall provide the following coverages: a) insurance coverage that reflects sound business practices acceptable to the CITY's Insurance Management n Division of the Law Department. 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 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 services" activities, and expenditures by the CONTRACTOR, in existence prior to the initiation of services hereunder, r shall be continued and shall not be reduced in any way as w r result of this Agreement. Programs fended through'.this" r Agreement shall not result in the displacement of employed 5 , 2.6 workers# impair existing contracts for services, or result in the substitution of funds allocated under this Agreement k- for other funds in connection with work which would have been performed in the absence of this Agreement. REPORTS r AUDITS AND EVALUATIONS The CONTRACTOR shall comply with the Federal Directive required by the U.S. Department of Housing and Urban "i 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 Il hereof, $50,000,00. B. CITY shall have the right to review and audit the time records and related records of CONTRACTOR pertaining to any payments by CITY. 6 - 3Yr 3.2 "MOD Q pA�i$NT A. Upon execution of this Agreement and with a written 1 request from GRANTEE, CITY may advance 1/6th of the appropriated funds to CONTRACTOR. The advance shall be - justified as followss 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 i` 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 90 ti lihe=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. C. Requests for payment should be made at least on a monthly basis. Reimbursement request$ 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. 9 � 4 MGM} l 3.4 0 (i1H0i11 i` CITY shell reserve the right ORM 9� � IX riry,7 CONTRACTOR shall fail (i) to comply with the terms of this ''NOV Agreement or (ii) to accept conditions -imposed by CITY at the direction of the federal, state and local agencies. i 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. x 4.3 OWNERSHIP OF DOCUMENTS All documents developed by CONTRACTOR under this' Agreement shall be delivered to CITY by said CONTRACTOR upon tit 9l� dry. �t � •', £. s L ` ,if t completion of the services required pursuant to this j Agreement and shall become the property of CITY, without restriction or limitation on its use CONTRACTOR agtObd s 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 llg, 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. 1 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 :x Agreement and that it has not offered to pay, paid, or 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 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 k This Agreement shall be construed and enforced according to the laws of the State of Florida. ` ,b 1® 1•R P� rfifi r ,i I py �{ t . 40 O11t!;gATI0V TO " U-00n 610irAtLOW Of the term of this Agreement, CONTRACTOR - ` agrees and understands that CITY has no obligation tb renew this Agreement, a F� 4.6 TERMINATION Off`_CONTRACT j s CITY retains the right to terminate this Agreement at any `s time prior to the completion of the services required Y° 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 suss 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 r 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 �F�= the fifth day after being posted or the date of actual receipt, whichever is earlier. Ji �' ESL CONTRACTOR B. Title and paragraph headings are for reference and are not a part of this Agreement. t C. in the event of conflict between the terms of this Agreement and any terms or conditions contained in any r w 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 r 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 f=f :1 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 x CONTRACTOR and its employees and agents shall be deemed to x" 3, be independent contractors and not agents or employees of CITY, and shall not attain any rights or benefits under the A. Civil Service or Pension Ordinances of CITY or any rights , x ,,generally afforded classified of unclassified employee,; further, they shall not be deemed entitled to the Florida „ Workers' Compensation benefits as an employee of CITY, K. a -s s1 s� x . 12 90 t t 4 4,11 gucq Rci A AR tlt#Nt# y This Agreement aheli we winding upon the parties herein, q their heirs, exeeutore, legal representatives, successors, and assigns. t� r a ARTICLE V f F� 5.1 CONTRACTOR CERTIFICATIONS CONTRACTOR certifies thata 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 respective officials thereunto 1 dulyauthorizedon the first date above written. CITY.OF MIAMI, a municipal .' Corporation of the State of+' Florida s ATTEST% 6 Ek fY t}« B yCESAR £ BATTY HIRAI H. ODIO CITY CLERK CITY MANAGER_ V., �r=. ATTEST t CONTRACTOR: a x Sy ' CORPORATE SECRETARY PRESIDENT (SEAL) 41 CV 4 ty: C�a 2m A' �n y d �J z a n !AJ 90�. ?. CITY OF MIAMI, FLORIDAC� f INTER -OFFICE MEMORANDUM. „a r, 9 To The Honorable Mayor and Members DATE: JUL FILE of the ity Commission SUBJECT :Resolution Allocating 16th Year CDBG Funds and Contingent 'Funds for Social Service projects FRCE%sar H. Odio REFERENCES City Manager City Commission Agenda ENCLOSUREJuly 12, 1900 RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached resolution which allocates $1,662,150 of 16th Year Community Development Block Grant Funds and $106,268 of Special Programs, and Accounts: Contingent Fund to previously named social service agencies and authorizes the City Manager to execute. agreements with. the -agencies in substantially the foim•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 Devel'Qpment' s (USHUD). As a follow-up the Department of Community Development has submitted the final statement to USHUD. A total of $1, 622,150 is available . for public,services in the. City' z 16th Year Community Development grant. This is approximatsly _;six percent less than the amount available in the 15th-Year. 'In order to restore programs to 15th Year • level, the -City .Commission -expressed its intent to allocate General Funds. $106,268 from Special Program and, Accounts: Contingent Fund have been identi€i dd for this purpols.P . Adoption of the proposed resolution allocates the' 16th-Year CD.funds r and Special. Programs- and Accounts: Contingent.' Funds to. previously. approved social service agencies. and authorizes .the City Msinaigar- t-p '. ' 3 execute agreements with these agencies in substantially the form attached:. Attached: t Proposed Resolution ; Agreement - 1 Arn. a oAw x