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
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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.
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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
$1,662,150
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15,1f�6
1,712
1,638
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$ 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.
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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
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CITY OP MIAMI, FLORIDA
GRANT AGREEMENT
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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").
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FUNDING SOURCES
TERM OF THE AGREEMENT:
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AMOUNTS $ VENDOR NUMBER&
TAX IDENTIFICATION NO.:
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M MCUTIVE DIRECTOR
ADDRESSs
TLLSPRONE NO.:
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NOW, THEREFORE, in consideration of the mutual covenants and
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obligations herein set forth, the parties understand and agree as
follows:
ARTICLE I _ _
F.
As'a necessary part of this Agreement, the following documents
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which have been approved by the CITY are attached:
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1.1 Corporate Resolution authorizing of
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execution this
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Agreement.
1.2 Work Program
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1.3 Budget Summary, to include: completion of CONTRACTOR'S
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Program/Line-Item Budget/Expenditure Justification, Total
Actual and Projected Funds Disclosure, and Staff Salarion
Schedule (on forms supplied by the CITY); budget for
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program -generated revenuesl copies of all subcontracts
and/or management services agreements funded in whose or, in
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part under this agreement.
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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
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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`
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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. ,
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Requirements for Records), '►P" (Standards for Financial
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Management System$),."H" (Monitoring and Reporting Progress
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Performance), "N" (Property management Standards), andx
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"C" (Procurement Standards).
1.15 Acceptance of HUD Regulations 24 CPR Part 85 entitled 3�
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"Uniform Administrative Requirements for Grants and
Cooperative Agreements to State, Local and Federally
Recognised Indian Tribal Governments".
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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
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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°
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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
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agreement. All books of account and supporting
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doetimontatio t abdUld be kept by the Contradtor at least
three (3') years for audit purposes
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- ARTICLE It
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TIME by PERFORMANCE
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The term of this Agreement shall be from July 1, . 1990 to
June 30, 1990.
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CITY AUTHORIZATION
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For the purpose of this Agreement, the City Department of
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Community Development (hereinafter the "DEPARTMENT") will
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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
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by the United States Secretary of Treasury and the City
Department.
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Contractor is aware and accepts the Policies and Procedures
Manual for Community Based Organizations as the official
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document which outlines the fiscal, administrative and
Federal guidelines and which shall regulate the day-to-day
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operations of the CONTRACTOR.
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BONDING AND INSURANCE
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CONTRACTOR shall maintain insurance and bonding coverages
acceptable to the CITY's Insurance ManagementDivision of
the Law Department. Prior to commencing any activity under
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this Agreement, the CONTRACTOR shall furnish to the CITY
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certifidatee of insurance and bonding indicating that the
CONTRACTOR i in compliance with the provisions of this
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article.
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CONTRACTOR shall provide the following coverages:
a) insurance coverage that reflects sound business
practices acceptable to the CITY's Insurance Management
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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
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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,
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shall be continued and shall not be reduced in any way as w r
result of this Agreement. Programs fended through'.this"
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Agreement shall not result in the displacement of employed
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workers# impair existing contracts for services, or result
in the substitution of 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
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Development (USHUD) to document that program activities are
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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,
$50,000,00.
B. CITY shall have the right to review and audit the time
records and related records of CONTRACTOR pertaining to
any payments by CITY.
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3.2 "MOD Q pA�i$NT
A. Upon execution of this Agreement and with a written
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request from GRANTEE, CITY may advance 1/6th of the
appropriated funds to CONTRACTOR. The advance shall be
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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
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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.
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CITY shell reserve the right
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CONTRACTOR shall fail (i) to comply with the terms of this
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Agreement or (ii) to accept conditions -imposed by CITY at
the direction of the federal, state and local agencies.
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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.
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4.3 OWNERSHIP OF DOCUMENTS
All documents developed by CONTRACTOR under this' Agreement
shall be delivered to CITY by said CONTRACTOR upon
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dry.
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completion of the services required pursuant to this
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Agreement and shall become the property of CITY, without
restriction or limitation on its use CONTRACTOR agtObd
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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.
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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
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Agreement and that it has not offered to pay, paid, or
to pay any person employed by the CITY any fee,
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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
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This Agreement shall be construed and enforced
according to
the laws of the State of Florida.
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U-00n 610irAtLOW Of the term of this Agreement, CONTRACTOR -
` agrees and understands that CITY has no obligation tb renew
this Agreement, a
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4.6 TERMINATION Off`_CONTRACT j
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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
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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.
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CONTRACTOR
B. Title and paragraph headings are for
reference and are not a part of this Agreement.
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C. in the event of conflict between the terms of this
Agreement and any terms or conditions contained in any r
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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
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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
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or otherwise unenforceable under the laws of the State
of Florida or the City of Miami, such provisions,
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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
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such laws, then same shall be deemed severable,, and in
either event, the remaining terms and provisions of this
Agreement shall remain unmodified and in full force and
effect.
4.10 INDEPENDENT CONTRACTOR
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CONTRACTOR and its employees and agents shall be deemed to
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be independent contractors and not agents or employees of
CITY, and shall not attain any rights or benefits under the
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Civil Service or Pension Ordinances of CITY or any rights
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,,generally afforded classified of unclassified employee,;
further, they shall not be deemed entitled to the Florida
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Workers' Compensation benefits as an employee of CITY,
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This Agreement aheli we winding upon the parties herein,
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their heirs, exeeutore, legal representatives, successors,
and assigns.
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ARTICLE V
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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
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dulyauthorizedon the first date above written.
CITY.OF MIAMI, a municipal
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Corporation of the State of+'
Florida
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ATTEST%
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BATTY HIRAI H. ODIO
CITY CLERK CITY MANAGER_
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ATTEST t CONTRACTOR:
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CORPORATE SECRETARY PRESIDENT
(SEAL)
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CITY OF MIAMI, FLORIDAC�
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INTER -OFFICE MEMORANDUM.
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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
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