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HomeMy WebLinkAboutR-89-06181 J49-682 6/8/89 RESOLUTION NO. 89.Gi,*S A RESOLUTION, WITH ATTACHMENT(S) AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN SUBSTANTIALLY THE FORM _ ATTACHED, BETWEEN THE CITY OF MIAMI AND EAST LITTLE HAVANA COMMUNITY DEVELOPMENT CORPORATION, IN CONNECTION WITH THE AFOREMENTIONED CORPORATION'S PROJECT(S) FOR STIMULATING THE DEVELOPMENT OF HOUSING AFFORDABLE TO LOW AND/OR MODERATE INCOME FAMILIES AND INDIVIDUALS IN THE EAST LITTLE HAVANA NEIGHBORHOOD; FURTHER ALLOCATING A TOTAL OF FIFTY THOUSAND DOLLARS ($50,000) FROM 15TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE PURPOSE OF PROVIDING SAID ADMINISTRATIVE FUNDING GRANT TO EAST LITTLE HAVANA COMMUNITY DEVELOPMENT CORPORATION. WHEREAS, there exists, in the City of Miami, a severe shortage of homes 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 families and individuals of low and moderate income; and WHEREAS, on April 27, 1989, the City Commission, through Resolution No. 89-388, approved in principle, the allocation of j $50,000 to the East Little Havana Community Development ?- Corporation in support of the community based not -for -profit housing corporation's project(s) for stimulating the development of housing affordable to the City's low and/or moderate income families; and WHEREAS, the roles and responsibilities of the City of Miami and East Little Havana Community Development Corporation will be set forth in an Agreement in an form acceptable to the City Attorney; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to enter' into an Agreement, in substantially the form attached;, ' I/ The herein authorization is further subject Cjq'y PQMISI0),T to compliance with all requirements that"" ?�' MEETING QF be imposed by the City Attorney as prey AN a linable City Code provisions. y pP. JUL USOWPON.N9.. ` e RE�9ARl fi !a between the City of Miami and East Little Havana Community Development Corporation for the purpose of stimulating the development of housing affordable to low and moderate income families and individuals in the City of Miami. Section 2. Fifty Thousand Dollars ($50,000) from l5th Year Community Development Block Grant funds is hereby allocated for the purpose of providing an administrative funding grant to the aforementioned not -for -profit community based housing corporation. Section 3. This resolution shall become effective immediately upon its adoption pursuant to law. • CITY OF MIAMI* FLORIDA COMMUNITY BASED ORGANISATION (CBO) AGREEMENT EAST LITTLE HAVANA COMMUNITY DEVELOPMENT CottPomtriON THIS AGREEMENT, entered into this day of 19 between the CITY OF MIAMI, a municipal corporation of the State of Florida, (hereinafter referred to as the "CITY"), and LAST LITTLE HAVANA COMMUNITY DEVELOPMENT CORPORATION, a non-- profit corporation fully organized and existing by virtue of the laws of the State of Florida, (hereinafter referred to as the "GRANTEE")• FUNDING SOURCE: FIFTEENTH (15T11) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUND NOW, THEREFORE, in consideration of the mutual covenants and '• obligations herein set forth, the parties understand and agree as i follows: ARTICLE I As a necessary part of this Agreement, the GRANTEE shall provide the CITY with the following: 1.1 Copy of GRANTEE's Articles of Incorporation, Charter and i Bylaws. 1.2 List of Present Principal Governing Board Officers and Members of the Board (names, addresses and telephone numbers). 1.3 List of Key Staff Persons, with their titles, who will carry out this program. 1.4 Copy of GRANTEE's cuXrent Fidelity Bond (applicable for all persons who are authorized to receive and disburse funds i under this Agreement) current liability insurance," naming =a the CITY as an additional insured. Y 1.5 Completion of Authorized Representative Statement (on form supplied by the CITY). 1.6 Completion of Statement of Accounting System (on form sullied by the CITY), r ' y -- - -- - Al. 1.7 CPA letter verifying the GRANTEE's Accounting System or } 3 ' current Audit Report (which verifies the GRANTEE's internal controls as adequate to safeguard the organitatidnIg assets). 1.8 Proof of Workers' Compensation Insurance. 1.9 GRANTEE's Corporate Seal (to be affixed to Signatory Page, ` and Corporate Resolution). 1.10 Corporate Resolution authorizing execution of this Agreement. - 1.11 Completion of staff salary schedule (on forms supplied by the CITY). - 1.12 Copy of Current Management Services Agreement (when —f applicable). - 1.13 Work Program (approved by the CITY). 1.14 Completion of GRANTEE'S Program/Line-Item Budget Expenditure Justification (on forms supplied by the CITY). 1.15 Completion of GRANTEE'S Total Actual and Projected Funds Disclosure (on forms supplied by the CITY). 1.16 Job Description and Resumes for all positions funded in whole or in part under this Agreement. f _ ARTICLE II 2.1 TIME OF PERFORMANCE The term of this Agreement shall be from July 1, 1989, through June 30, 1990. 2.2 CITY AUTHORIZATION For the purpose of this Agreement, the City of Miami, Housing Conservation and Development Agency, (hereinafter - the "AGENCY") will act on behalf of the CITY in the fiscalL ' control, programmatic monitoring, and modification of this ,r¢ Agreement, except as otherwise provided by this. Agreement• Si 4 T q 7x ��,rj4-CiS c Ci�S 11 '#' • Y - n - t �.; 5l.-�}'S5. •'+j, S" 'i Y 4 •1 ��f yp ��etyr/' ��•d1 w �.q s 46 2 3 ENTIRE AGREEMENT This instrument and its attachments constitute the only Agreement of the parties hereto relating to said grant and correctly sets forth the rights, duties, and obligations t� ~ each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 2.4 OBLIGATION OF GRANTEE The GRANTEE 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 - s 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 Housing and Urban Development (HUD) and the City of Miami's Housing Conservation and Development Agency. 2.5 NBO WORK PROGRAM GRANTEE shall comply with its obligations as described in _ s its Management By Objectives (MBOs) (Attachment I) which is attached and incorporated herein and made a part of this Agreement. 2.6 BUDGET SUMMARY AND LINE ITEM BUDGET JUSTIFICATION _ GRANTEE shall comply with its Program/Line-Item Budget Expenditure Justification (Attachment II) which is attached and incorporated herein and made a part of this Agreement. 2.7 RETENTION OF RECORDS t GRANTEE shall retain all financial records, supporting documents, statistical records, and all other records pertinent to this Agreement for a period of three (3) - years. The retention period starts from the date of the submise)on t { s o the final expenditure report, Records for non expeDde oz P' i property acquired with funds under the Agreement shall be retained for a period of three (3) years after its final disposition. All records retained pursuant to this section 1 shall be retained beyond the three (3) year period if audit 3 findings have not been resolved. 2.8 80MOING AND INSURANCE i , GRANTEE shall maintain insurance and bonding coverages acceptable to the CITY. Prior to commencing any activity under this Agreement, the GRANTEE shall furnish to the CITY certificates of insurance and bonding indicating that the GRANTEE is in compliance with the provisions of this article. GRANTEE shall provide the following coverages: a) Insurance coverage that reflects sound business practices acceptable to the CITY. - b) Fidelity bonding for all persons handling funds received or disbursed under this Agreement in an amount equal to or greater than the maximum amount of cash held at any one time. CITY shall be a primary additional insured on all. insurance policies and there shall be no exclusions in such policies to override the CITY'S coverage. Compliance with the foregoing requirements shall not relieve the GRANTEE of its liability and obligations under this section or under any other section of this - Agreement. c) Current liability insurance, naming the CITY as an additional insured and rated by A.M. Aest's as to "A" Classification and a "V" as to financial'size. i 2,9 LEVEL OF SERVICE s Should start-up time for a program be required ° or . any delays in service occur, the Housing Consexvation.,and Development Agency is to be notified in Wong } immediately, giving all pertinent details and i.ncdicati.,ng k t £ry A ,r s when service will begin and/or continue. It is understood and agreed that the level of services, activities, and expenditures by the GRANTEE, 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 will 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. - 2.10 PURCHASING AND INVENTORY j GRANTEE shall use its best efforts to obtain all supplies and equipment for use under this Agreement at the lowest practical costs and shall solicit three (3) bids for the purchase of capital equipment. The three (3) bids shall accompany all requests for payment. All non -expendable - property acquired for the program with CITY funds will revert to the CITY at the end of CITY's funding of the Program (non -expendable property being properties which will not be consumed or lose identity). GRANTEE shall be responsible to CITY for any damage or destruction to said property and shall reimburse CITY for such damage or destruction. GRANTEE shall establish and maintain a property control system and shall be responsible for maintaining a current inventory on all capital items purchased with CITY funds. All capital expenditures over $50.00 must be approved by CITY prior to purchase. All items purchased shall remain the property of the CITY. Property is,to.be inventoried semiannually and submitted to F s the CITY including a property record, listing the i J t description,:.,. model serial number, date of acquisition, and t" r�z{ ceost. GRANTEE shall permit CITY stag acceSs ,, tq .the pr. em1ses_ where : property is kept., fox the , purpoae �.f r.., " s k d. )' r monitoring inventory. GRANTEE shall not dispose of real or personal property purchased with CITY funds through sale, loan, or relocation without receiving prior written approval of the City Manager. 2.11 MINORITY PROCUREMENT COMPLIANCE CLAUSE GRANTEE acknowledges that it has been furnished a copy of Ordinance No. 10536, the Minority Procurement Ordinance of the City of Miami, and shall comply with all applicable substantive and procedural provisions therein, including any amendments thereto. 2.12 DISCLOSURE ON FUNDS GRANTEE shall disclose all sources (public or private) and amounts of funds reflecting the total budget whether they be real or in -kind at the commencement of the Agreement _ period, as well as any changes in the amount of funds through program income or the sources received during the term of this Agreement, within 30 days of such change. Examples of in -kind funds include free rent, labor, and office equipment. 2.13 REPORTS, AUDITS, AND EVALUATIONS GRANTEE will transmit to CITY, in writing, in a format' acceptable to CITY, monthly reports regarding current activity and the progress of the GRANTEE's activities. GRANTEE shall submit to CITY such additional reports as may — be requested. - GRANTEE shall prepare, in writing, in a format acceptable to CITY, any reports or documentation that.may be required by Federal, State or Local Directives. At the request of CITY, GRANTEE will transmit. to CITY } written statements of GRANTEE'a official policy -oq �n:, specified issues relating.. to GRANTEE'S activities, , x { GITY may carry; out monitoring and evaluation acti:vitiss,: i including visits and observations,by CITY staff; :-GRANTEE a t x5. rZ 47 0. YL ZV u s ir +�,. r¢i k'.E� r� �r44✓.Ci 3.r Y_� i"' - ''?�-Y�L. ...A -' a F.. shall ensure the cooperation of its employees and Board members in such efforts. Any inconsistent# incomplete, or inadequate information either received by the CITY on a monthly basis or obtained through monitoring and evaluation by the CITY, shall constitute good cause for the CITY to terminate this Agreement at any time thereafter. 2.14 All persons employed and paid pursuant to this Agreement are to be listed by name, title, Social Security number, date hired or terminated, ethnic background, and total salary reflecting both CITY and other funding sources and information must be included in staff salaries schedule form. 2.15 The CITY reserves the right to conduct an audit after the expiration of this Agreement. ARTICLE III - 3.1 COMPENSATION a) CITY shall pay GRANTEE, as maximum compensation for the services required pursuant to Article II hereof* $50,000.00 -` b) CITY shall have the right to review and audit the time records and related records of GRANTEE pertaining to ' any payments by CITY. 3.2 METHOD OF PAYMENT Upon execution of this Agreement and with a written request from GRANTEE, CITY shall advance 1/6th of the appropriated funds to GRANTEE. Thirty (30) days after the final reimbursement of the fiscal year, GRANTEE must submit a - final expenditure report verifying the expenditure of all funds reimbursed under this agreement. All payments shall =.. be reimbursed for expenditures incurred only during .the term of this Agreement, and in compliance4 with, the. approved Program/Line-Item Budget Expenditure ; :,. previously, Justification, Such written request shall c�aptain - T AL 4T.3nY tiFtc'f ki?s.., 4Y, tin KYc.�-r.i.,-{x x - _ _ k, k .,t:`1.=F, K!ira^fi ,xFY.i'xy#ii -'•'Y-b *`.YI.•}'i 5 ..t 1. wc. .. _ statement declaring and affirming that all disbutseMebt 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. All reimbursements must be in line -item form and be in accord with this Agreement. All expenditures must be verified by original invoice, and a copy of the unnegotiated check, properly signed, dated and made payable to the specific vendor, copy of cancelled check must be submitted within 60 days. 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 will be accepted as a line -item in the budget. Request for line -item changes, no more than two (2) per fiscal year are allowable, with prior review and approval by the CITY. All line -item changes must be made prior to May 30,1990. 3.3 FINANCIAL ACCOUNTABILITY - CITY reserves the right to audit the records of GRANTEE at any time during the performance of. this Agreement and for a period of three years after final payment is made under - this Agreement. 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 GRANTEE are subject to reduction for — overpayments on previously submitted invoices. r— 3.4 REIMBURSEMENT -- TIMELY SUBMISSION Requests for payment shall be made on a monthly basis Reimbursement requests for expenditures incurred during''khe '- —�, I. term of this Agreement shall not be honored unless xcaived ," ; by ;CITY .Within 30 days after the end of month follow' I. the rides. R'R F�d4li t il, t Mmi expenditure. Reimbursement requests for expenditures shall not be honored unless received by the CITY within 30 days A following the expiration date of this Agreement. 3.5 RECAMURE OF FUNDS CITY shall reserve the right to recapture funds when the GRANTEE 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. 3.6 CONTINGENCY CLAUSE Funding for this Agreement is contingent on the availability of funds and continued authorization for s program activities and is subject to amendment or termination due to lack of funds or authorization,' reduction of funds, and/or change in regulations. 1 3.7 SALARIES, FRINGE BENEFITS, JOB DESCRIPTIONS 3 To be eligible for reimbursement for personal costs, GRANTEE shall submit to CITY in accordance with U.S._ Department of Labor guidelines, a detailed statement of the personnel policies of GRANTEE. These personnel policies are to include, but are not limited to, pay schedules, fringe benefits, resumes from staff, method used to compute vacations and ill time, working hours, office procedures, paid holidays, computation of wages, job descriptions to include qualifications for job, an affirmative action plan, an equal employment opportunity statement, disciplinary procedures and methods, and format for and frequency. ,of employees' evaluations. The CITY, will not reimburse GRANTEES for family health care insurance premiums,.,no will the CITY reimburse GRANTEES. for employee retire em�nt• benefits. 9.7 A Fes•. fx S '4 s '' 6�_'P'US"h'*Lass;M...., :.°,. iy'.=� ... "�.,-"i`t ts`. ,,•..;', _ '1 T :2-;?�-.'' ___ : ARTICLE 1V 4.1 PROJECT PUBLICITY GRANTEE shall abide by affirmative action regulations in informing residents of the geographical area to be served hereunder and of the services to be offered by utilising any available means for advertisement, as necessary for recruitment and outreach. All literature, advertising, publicity or promotion regarding GRANTEE's activities will be submitted to CITY for review and approval prior to release or distribution. No press conference will be scheduled without written notice to CITY. 4.2 NONDISCRIMINATION GRANTEE agrees that it shall not discriminate as to race, sex, color, creed, national origin, or handicap in connection with its performance under this Agreement. FURTHERMORE, that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, creed, u i-5 national origin, or handicap, be excluded from the participation in, be denied benefits of, or be subjected 'to_ discrimination under any program or activity receiving federal financial assistance. 4.3 CONFLICT OF INTEREST a a) GRANTEE covenants that no person under its employ who r presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect, with CITY, GRANTEE further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interests on the* part of GRANTEE or its employees, must be disclosedn " writing to CITY. s - X A10 � sti i4x T •4 y n rft�'�yfii".�fi 3•,y,�'.kk 'Q34'7 q� tt4 k rr,G' _' '- A.' s f i V — b) GRANTEE is aware of the conflict of interest laws of the City of Miami (City of Miami Code Chapter 2r Article V), Dade County Florida (Dade County Code ;< Section 2-11.1) and the State of Florida, and agrees that it shalt fully comply in all respects with the terms of said laws. 4.4 INDEMNIFICATION GRANTEE shall indemnify and save CITY harmless from and against any and all claims, liabilities, losses, and causes out of GRANTEE of action which may arise activities under ll other acts or omissions this Agreement, including ato act on the part of GRANTEE, including any person acting for or against relevant orders, on its behalf; from and any judgements, or decrees which may be entered against CITY; and from and against all. costs, attorneys fees, expenses, and liabilities incurred by the CITY in the defense of any such claims or in the investigation thereof. 4.5 COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS Both parties shall comply with all applicable laws,' 'n< ' u ordinances, and codes of federal, state and local governments. N Y 4.6 AMENDMENTS No amendments to this Agreement shall be binding on either _`t+ 4' i party unless in writing and signed by both parties. 4.7 SUBCONTRACTS GRANTED agrees to give advance written notification to the w .r li i CITY of any subcontract, None of the -services covered by: i this Agreement shall be subcontracted without the prier written approval of CITY. Any work or services' subcontracted hereunder shall be subject to the terms AR4 al AX - su�sgr+ -•i+u :orb .'7 r, '•., v 3N .3'slr'a'?..:}.:. A _c... .... . < f „x ._}'ie;ri. `x?'?3.. .'•'..s .-`}:7`� r •i conditions of this Agreement. Proper documentation in accordance with the DEPARTMENT and CITY guidelines and r directives must be submitted to and approved by the x DEPARTMENT prior to GRANTEE's execution of any E subcontract. The advance notification process shall include the following: a) Identification of the sub -GRANTEE and services to be s a, provided. S b) The proposed subcontract, together with a complete and accurate breakdown of the price on a component -by - component basis, and all bid documents. c) Identification of the type of subcontract to be used. -E= d) Summary of actions taken to select the sub -GRANTEE. { Nothing contained herein shall create any contractual relationship between CITY and any sub -GRANTEE working for GRANTEE. 4.8 OWNERSHIP OF DOCUMENTS E All documents developed by GRANTEE under this Agreement shall be delivered to CITY by said GRANTEE upon completion ;- of the services required pursuant to this Agreement and F shall become the property of CITY, without restriction or limitation on its use. GRANTEE agrees that all documents maintained and generated pursuant to this contractual.'_ relationship between CITY and GRANTEE shall be subject to all provisions of the Public Records Law, Chapter 119, a Florida Statutes. It is further understood by and between the parties that any document or thing which is given by CITY to GRANTEE pursuant to this Agreement shall at all times remain the property of CITY and shall not be used by GRANTEE for any other purposes' whatsoever without the written consent of CITY. .°2x"_e' ZU ?:rc � t,;tom,, �,-'-•'�;�,� -- ��sY i 4 0 KWA" OF AGMEMNT i GRANTEE warrants that it has not employed or retained arty person employed by the CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or F' agreed to pay any person employed by the CITY any fee,' commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. 4.10 NON-DELEGABILITY The obligations undertaken by the GRANTEE 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. 4.11 CONSTRUCTION OF AGREEMENT This Agreement shall be construed and enforced according to the laws of the State of Florida. 4.12 OBLIGATION TO RENEW Upon expiration of the term of this Agreement, GRANTEE agrees and understands that CITY has no obligations to renew this Agreement. 4.13 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; GRANTEE, who shall be paid for those services { performed prior to the date of its receipt of the' notice 'of - term ination. In no 'case, however, will CITY pay GRANTEE an, F amount. in excess of the total sum provided by this °xy ri �7 Agreement. j r' f �} �.R, 13 JR- x: t it is hereby understood by and between CITY and Gi2ANM ,that any payment made in accordance with this Section to GRANTEE 4' shall be trade only if said GRANTEE is not in default under the terms of this Agreement. If GRANTEE is in default, then CITY shall in no way be obligated and shall not pay to j GRANTEE any sum whatsoever. 4,14 GENERAL CONDITIONS i, a) All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing s and shall be delivered by personal service, or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on _ the day on which personally served; or if by mail, on the fifth day after being posted or the date of actual - receipt, whichever is earlier. C,. CITY OF MIAMI GRANTEE _ Housing Conservation and East Little Havana Development Agency Community Development Dupont Plaza Center Coroporation 300 Biscayne Blvd. Way 1699 Coral Way Suite 401 Suite 512 Miami, Florida 33131 Miami, Florida 33145 b)Title and paragraph headings are for convenient reference and are not a part of this Agreement. a: j 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 fi. a Y shall constitute a waiver of any subsequent breach of then same or any other provision hereof, and no waiver shall" be effective unless made in writing. e) Should any provisions, paragraphs, entences, words ;or s phrases contained in this Agreement be determined by a '; t 4� ' 1 S 4 - t r _ court of competent jutis61ction to be invalid, illegal or otherwise unenforceable under the taws of the State of Florida or the City of Miami, such provisions, paragraphs, sentences, words or phrases shall be deemed E T modified to the extent necessary in order to conform with such laws, or if not modifiable L-o conform with such laws, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement ,hall remain unmodified in full force and effect. 4.15 INDEPENDENT GRANTEE GRANTEE and its employees and agents shall be deemed to be independent GRANTEES and not agents or employees of CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of 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 CITY. 4.16 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives', successors, and assigns. 4.17 DEFAULT PROVISIONS '= In the event that GRANTEE shall fail to comply with each and every term and condition. of this Agreement or fails to perform any of the terms and 'conditions contained herein, then CITY, at its sole option, upon written notice, to GRANTEE, may cancel and terminate this Agreement, and all t ffi payments,. advances, or other compensation paid to GRANTEE by4 CITY while GRANTEE was in defau It of the provisions here,in �Lt contained'shall be forthwith returned fo CITY N ZZ e��et—„€"�r��•'" 4,.iir i+-r 1 �..r ter, ,.�"'rr:� ,,r L C xv? ci �T��h+�. aga 'fti `4-r'-#•s. $e 1 f r. i r - . J 7 cc� =", hST�'�} .T - 3. ,"'krx7u'+i-"k HVA_ ��"k,un'ii/XN1•xifiEf'�i+�'f'..'Aj't a ARTICLE V 5 � � Giti�TEB PERT l �' I�AT It?t�8 GRANTEE certifies that: a) 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 GRANTEE'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 GRANTEE, to act in connection with - the Agreement and to provide such additional information as may be required. b) It will comply with the provisions of the Hatch Act which limits the political activity of employees. c) No program under this Agreement shall involve political — activities. d) It shall prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by desire for private gain for themselves or b- others, particularly those with whom they have family, business, or other ties. e) Participants or employees in the program pursuant to this Agreement will. not be employed on the construction,` operation, or maintenance of that part of .any facility - i which is used for religious instruction or worship. f) Appropriate standards for health and safety in work and training situations will be maintained. i g) Persons employed in public service jobs under this i� j Agreement shall be paid wages which shall -root be i9wer f4 2sf 4,2 ,ff than whichever is the highest of (a) the 'minimum wages` which would be applicable to the employer unde fg1{ . f K? <, 4 tqr. w1 A�zLx'z•v''b,. ii m.S arry."S�S)Yk�r :d�F. F 'i��'�.!L���.ir�,..,,��Y'1 � �, .� � �# � � ���si.+b_ .....< Div =f .? _ •� ,... < �. � - _... .. . , . ;...., ..s� K �_,.<x,.,,i�4'4r3r.�,'? i standards, (b) the State or local minimum wage for the most nearly comparable covered employment, or (c) the prevailing rates of pay for persons employed in similar occupations by the same employer. h) It will comply with the Civil Rights Act as amended: i) It will comply with the requirements and standards of £ OMB- Circular No. A-87, "Principles of Determining Costs t_ Applicable to Grants and Contracts with State, Local and Federally recognized Indian Tribal Governments"; OMB a Circular No. A-128, "Audits of State and Local t Governments" (implemented at 24 CFR Part 44); OMB Circular No. A-122 "Cost Principles for Non -Profit Organizations, with Sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, and with attachments to OMB Circular No. A-110 listed at 24 CFR Part 570.502 "Community Development Block Grant" Final Rule (Page J-3 and J-4) Federal Register, September 6, 1988. j) It will comply with the Anti -Kickback Act, Title 18, USC Section 874, and provisions of the Federal Labor Standards, Title 29. r A i z 4 xA - r K U" xr Its WITNESS WtjSREOF, the parties hereto have caused this instrument to be executed by the respective nff;ciae thereunto duly authorized on the first date above written. CITY OF MIAMI, a munlcipa� Corporation of the State of Florida ATTEST: By - CESAR H, MAODIO TTY HIRAI CITY MANAGER CITY CLERK + GRANTEE: ATTEST: BY CORPORATE SECRERY — TAPRESIDENT (AFFIX SEAL) APPROVED AS TO FORM AND CORRECTNESS: JQRGE L. FERNANDEZ CITY ATTORNEY APPROVED AS TO INSURANCE REQUIREMENTS; } DIVISION OF RISK MANAGEMENT SEGUNDO R. PEREZ' INSURANCE COORDINATOR - v l t ;S qj - 4 rkh} i�Gx��TM ?� Qr :l GR� JP '!!' . y ; f 5 ¢ { is t �£^� �st � �{� t•; } ; � f 3 � L 5 � a fSy'tY tl�4 � ''=il... - 1 L x � d l W LV CITY OF MIAMI, FLORIDA INTEWOFFICE MEMORANDUM Honorable Mayor and Members DATE : JUL �98g FILE . To: of the City Commission Resolution Authorizing SUBJECT, Execution of Agreement Between City/East Little Havana Community - FROM: Cesar H. Odio REFERENCES: Development Corp. City Manager City Commission Agenda ENCLOSURES: Item - July 13, 1989 RECOMMENDATION: It.is respectfully recommended that the City Commission adoptthe attached resolution authorizing the City Manager to execute an Agreement in a form acceptable to the City Attorney, with East Little Havana Community Development Corporation, for the purpose of providing financial assistance to the community based not -for profit corporation in furtherance of their efforts to stimulate the development of housing, affordable to' low and moderate 'income f families, in the City of Miami. The attached resolution further directs the City Manager to allocate funds in the amount of Fifty Thousand Dollars ($50,000), from 15th Year Community Development - Block Grant funds, for the purpose of providing an administrative funding grant to the East Little Havana Community Development Corporation for the aforementioned purpose. BACKGROUND - The Housing Conservation and Development Agency recommends _ ratification of the attached resolution authorizing the City Manager 'to execute an Agreement, with East Little Havana Community Development Corporation, for the -purpose of providing financial assistance to the community based not -for -profit corporation in _ furtherance of their efforts to stimulate the development housing, affordable to low and moderate income families, in they East Little Havana neighborhood.- In April of 1989, the City Commission, through Resolution Noy $9 38$, authorized the City Manager to submit . the City s _apprlaved x� Grant. Program Final, Statement to, the-U.s-, Department .of Roos n � and Urban Development (HUD), in connection with.the City',s requel3 for funds in the amount of $11, 742 000, for implementation:: Community Development Block Grant Program during fiacal year 1990y� � ,.A� .!A►_-:..'. a. ?�4�x.��.�.;'h. r�Jr��.Ci�.S*-.g1'��, c.,;t. ,'-� �'S . ,... ,... . -. ,.,..'., ., h. �. �,.s'a"..X� �n 4 � f b F� Execution of Agreement Between City and East Little Havana Community Development Corp. Page _ 2 One of the CDBG projects recommended for 15th Year Community Development Block Grant funding is a project to be sponsored by the East Little Havana Community Development Corporation. The new affrdble project is designed to to Rlowdandthe moderateilitincomeffamiliesoinathe housing opportunities East Little Havana neighborhood. of the attached resolution is City Commission ratification recommended.` Attachments: �- = Proposed Resolution Agreement — 4 89 AF t .t7 4 =r Y y ��� � � a� � �t ,� � �� a s3 � L �;.°? y kle.., .� # t }.; �� 4 _ S 4 Y •�f + # e�Y� � � # � 5 �'.'S'ra ,�ik��,r�r.-J.+�.�a7�8�..,t�ia`�`_:!�uY �t�.'.fS,3+�,�',';a�.c�r.r�.'t;Yii+�t�ri�-��n�+`i#t �f.�'.. �"_`, .. ,r,•... __ ,., .. ,r *_:.+:�,; �. .x.