HomeMy WebLinkAboutR-88-1103--T-
J-88-1102
11/17/88
RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENT, APPROVING THE
TERMINATION OF THE 14TH YEAR COMMUNITY
DEVELOPMENT BLOCK GPANT AGREEMENT BETWEEN THE
CITY OF MIAMI AND WYNWOOD ELDERLY CENTER,
INC.; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH HOLY CROSS DAY CARE
CENTER, INC. IN THE AMOUNT OF $132,578 FOR
THE PERIOD OF OCTOBER 7, 1988 THROUGH
JUNE 30, 1989, IN THE FORM ATTACHED HERETO,
FOR THE PURPOSE OF MAINTAINING SERVICES TO
THE ELDERLY IN THE WYNWOOD TARGET AREA OF' THE
CITY OF MIAMI.
WHEREAS, the City of Miami entered into agreement with
Wynwood Elderly Center, Inc. to provide multiple services to
elderly residents of the Wynwood target area with $186,424 of
14th Year Community Development Block Grant Funds, $1,607 of 13th
Year Community Development Block Grant Funds and $8,111 from the
Special Programs and Accounts, Contingent Fund; and
WHEREAS, the Department of Community Development, acting on
_ behalf of the City of Miami, notified Wynwood Elderly Center,
a
i
3 Inc., in writing, on September 19, 1988, that the City was
terminating its agreement with the Agency for cause, specifically
i
that there is a pending IRS Levy for failure to pay payroll
taxes, employees are alleged to have embezzled money from the
organization and the Agency had not made rent payments to
Metropolitan Dade County and was in default of its lease; and
WHEREAS, at the time of the termination, an amount of
$132,578 of the Ci_ty's allocation to the Agency had not been
expended; and
WHEREAS, there is a critical need to maintain services to
elderly residents of the Wynwood target area; and
WHEREAS, the City Commission adopted Resolution No. 88-955
on October 6, 1988, which allocated the aforementioned unexpended
allocation from Wynwood Elderly Center, Inc. in the amount of
$132,578 to Holy Cross Day Care Center, Inc. and further
ATTO,
G 01 W `
CITY COMMISSION
MEETING OF
NOV17 1988
RESOLUTION No`Q"-' 1103
REMARKS:
r r
authorized the City Manager to negotiate an agreement with said
Agency to maintain services to the elderly in the Wynwood target
area; and
WHEREAS, the administration has negotiated an agreement with
Holy Cross Day Care Center, Inc. to maintain services to elderly
residents of the Wynwood target area;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The termination of the 14th Year Community
Development Block Grant agreement between the City of Miami and
Wynwood Elderly Center, Inc. for the period of July 1, 1988
through June 30, 1989 is hereby approved, effective
September 19, 1988.
Section 2. The City Manager is hereby authorized to
enter into agreement for the amount of $132,578, in the form
attached hereto, with Holy Cross Day Care Center, Inc. for the
period of October 7, 1988 through June 30, 1989, to maintain
services to the elderly in the Wynwood target area, subject to
the conditions and limitations contained herein and in the City
Code.
Section 3. This Resolution shall become effective
immediately upon its adoption pursuant to law.
PASSED AND ADOPTED this
ATTEST:
TTY HIRAI
CITY CLERK
17th day of November 1988.
XAVIER L. S REZ, MAYOR
COMMUNITY DEVEJ,,qPMENT REVIEW:
F CA NEDA, DfRECTOR
DEPARTMENT OF COMMUNITY DEVELOPMENT
-2-
88-1103
mk
BUDGETARY REVIEW:
MANOHAR S. SURANA, DIRECTOR
DEPARTMENT OF BUDGET
FINANCIAL REVIEW:
CARLOS E. GARCIA
DEPARTMENT OF FINANCE
PREPARED AND APPROVED BY:
ROBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
APPROVED AS( O FORM AND CORRECTNESS:
JO E L: FE NANDEZ
CIT ATTOR Y
RFC:bss:M888
4w
-3-
88-1103
a�if 1 11—
y
1W WX
CITY OF MIAMI
SOCIAL SERVICES AGREF,MEN'r
hi s day })f , 19_,
hq+ .a+?nn the city nf '1 amp , a municipal
corporat ion of the State of
f't,,r ; l•�, (hctr�� n<ifr } r T_ fVt- l r C, rI5 the "( ITY" ) , -lnd Holy Cross
i)ay Care Center, Lrrc. , a V1 ori.da not for prof.i.t. corporation,
(herei.nafter referred to as the "GRANTEE") .
UUNDING SOURCE: Lath Year Community Development Block Grant.
Funds - $2, 332, 14th Year Community Development. B1-ock Grant.
Funds - $122,660; and Special Programs and Accounts:
Contingent Fund - $7, 386
TERM OF 'r1iE AGRELPIENT: October 7, 1988 through June 30, 1989
AMOUNT: $132, 578
VENDOR UUMBE'R: 040444
TAX IDENTIFICATION NUMBER: 59 1837325
NOW, THEREFORE, i.n consi.derat.i.on of the mutual covenants and
obl.i.gati.ons herein set forth, the parties understand and agree as
fol.l.ows:
ARTICLE I.
As a necessary part of this Agreement, the GRANTEE shalt provide
the CITY wi.t.h the fol.lowi.ng:
1.1 Corporate Resolution authori.zi.ng execut.i.on of this Agreement..
1.2 Work Program (approved by the CITY).
1.3 Budget Summary, to include: completion of GRANTEE'S
Program/Li.ne-Item Budget/Expendi.ture Just i.fi.cati.on, Total.
Actual. and Projected Funds Disclosure, and Staff Salaries
Schedule (on forms suppl.i.ed by the CITY); budget for program -
generated income; copi.es of a1.1. sub -contracts and/or
management services agreements funded in whole or in part --
under this agreement.
1.4 Copy of GRAN'rEE's Articles of Incorporation, Charter and By-
laws.
1.5 Li.st. of Present Pri.nci.pal Governi.nq 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.
1.7 Certificate of Insurance which reflects GRANTEE'S current-
1 - 48--1103 S
I
1. i.abi 1 i t y i nsur 3nce, n,)mi ng the CITY as primary or add i.t.ional.
insured as lefP-mined by the Law Department of the CITY;
current. Workers' �:omrensation i risurance; current Fi.de1.i.ty
Bond (appli-cable for all, persons who are authorized to
receive -ind di sl�urso Hinds under tlii s Agreement ) ; and other
coverage as (IeemPd necessary (i.e. automobi.l.e i.nsurance).
1.f3 Cornpl.et.i.on of Aufliorized Representative Statement. (on form
supplied by the CITY).
1.9 Completi.on of Statement. of Accounting System (on form
suppl.i.ed by the CITY) .
1.10 A 1 et -.ter from an i.ndenendent. Cert.i.fi.ed Publ.i.c Accountant
which expresses the opi.ni.on that. the GRANTEE's internal
controls are a(iequat.e to safeguard the organi.zat.i.on's assets.
1.11 Corporate Personnel Poli.ci.es and Procedures.
L . 12 Job Descr i.pti.on an,i Resumes for all positions funded i.n whole
or in part. under t.hi.s Agreement.
1.13 GRANTEE's Corporate Seal. (to be affixed to Signatory Page,
and Corporate Resol.ut;.on).
1.14 Final. Expendi.t.ures Report (to be submitt-ed to the CITY on an
approved form no 1 at.er than 30 days after the expi.rat.i.on . of
thi.s Ag.reement).
1.15 Certified Independent. Audit (to be submitted to the CITY no
later than 120 days after the expiration of this Agreement).
ARTICLE II.
2.1 TIME OF PERFORMANCE
The term of t.hi.s Agreement. shall be from October 7, 1988
through June 30, 1989.
2.2 CITY AUTHORIZATION
For the purpose of this Agreement, the City of Miami.
Department of Community Development (hereinafter the
"DEPARTMENT") will. act. on behalf of the CITY in the fiscal
control, programmatic monitoring, and mod.i.fi.cati.on of this
Agreement, except as otherwise provided by this Agreement..
2.3 OBLIGATION OF GRANTEE
The GRANTEE shall. carry out the services as prescribed in its
Work Program (Attachment I), which is attached and
- 2 - ' �J
88 11U.3
i
r or
i.ncorporate(I Iler-•-in and mrfde a Dart of +hi.s Agreement, in a
l awful , and I-)rop(-r manner, sari sfactory to the CITY, i.n
acc,-)r,lan(.:e witl1 f Ile ;,ir,.tten pol icier, Procedures, and
requirements is prescribed in this Agreement., as set forth by
the llni.ted Stites s.2-retary of Treasury and the Ci*y of MJami.
Department. of Cr)mmunif y Development..
2. c1U Li:IE ITEM BUDGET JUSTIFICATION
4 13UDGET SUMMAIRY A
GRANTEE sha11 comply with its Program/Line-Item
Budget/Expendi.t.ure Justi.fi.cati.on (At.tachment. II) which i.s
.attached and incorporated herein and made a part of this
Agreement.
2.5 RETENTION OF RECORDS
GRANTEE sha 1 1 re t.a i.n al l f i.nanc i.a l records, supporting
documents, stat.i.st.i.cal records, and all other records
pertinent. to this Agreement. for a period of three years. The
ret.ent i.on period starts from the date of the submission of
the final expenditure report-. Records for non -expendable
property acquired wi.t.h funds under the Agreement shall be
retained for a period of three years after its final
di.sposi.ti.on. AM. records retained pursuant to this section
shall. be retained beyond the three-year period i.f audit
findings have not been resolved.
2.6 BONDING AND INSURANCE
GRANTEE shall maintain insurance and bonding coverages
acceptable to the CITY's Division of Risk Management. Prior
to commencing any act.i.vi.ty under this Agreement., the GRANTEE
shall. furnish to the CITY certi.fi.cat.es of insurance and
bonding i-ndicating that. the GRANTEE i.s i.n compliance with the
provi.si.ons of this arti.cl.e.
GRANTEE shall provi.de the fol.lowi.ng coverages:
A) Insurance coverage that reflects sound business practices
acceptable to the C1'CY's Di_vi.si.on of Risk Management..
B) Fidelity bonding for all. persons handling funds received
or disbursed under thi.s Agreement in an amount equal to or
greater than the maximum amount of cash held at any one.
t.i.me.
Compl i.ance with the foregoing requirements shall. not rel.i.eve
3 -
HN--110.13 7
Ir
404,
;.j1)i 1 i ty ind nhl igat ions under t11i.s
sect ion or In(ler any rather section of thi-s Agreement.
. 7 LEVEL OF iI;RV i CE
Shoul,.l s*art-iq) ti,no for a program be rE-quired or any delays
�n service „-cur, rh,-� r)r�,p;jrtment of Community Development- is
to ire not.i fieri in ,jr i t inch imme,3iately, gi.vinq al t pert ilien t
tleta i.I s 1AIld i nd i ca t i.ng when servi.c<2 sha I l begin and/or
cont.i.nue. It is understood and agreed that the level. of
services, activit;es, znd expenditures by the GRANTEE, i.n
exi.st.ence prior to tlhe J.niti.at.i.on of services hereunder,
shall be continued and shall. not. he reduced i.n any way as a
result. of thi-s lgraement. Programs funded through t.hi.s
Agreement shall. not. result i.n the di.spl.acementof employed
workers, impair exi.sti.ng cont.ract.s for services, or result i.n
the substitution of funds allocated under this Agreement for
other funds i.n connect.ion with work whi.ch would have been
performed i_n the absence of t.hi.s Agreement.
2.8 PURCHASING AIJU INV►st4'rQRY
GRANTEE shall. use i.t.s best efforts to obtain all suppl.i.es and
equipment for use under this Agreement at the lowest
pract i.cal. costs and shall_ so.l i.cit three bids for the purchase
of capital equipment. The three bids shall accompany all.
requests for payment. All non -expendable property acquired
for the program wi.th CITY funds shall revert to the CITY at
the end of C1TY's funding of the Program (non -expendable
property being propert.i.es which shall. not be consumed or lose
i.dent.i.t.y) . GRANTEE shal_1. be responsi.bl.e to CITY for any
damage or destruction to said property and shall_ reimburse
CITY for such damage or destruction. GRANTEE shal_1. establish
and mai.ntai.n a property control system and shall. be
responsible for mai.nt.ai.ni.ng 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 remain the property of CITY
and are to be i_nventori_ed as such, which shall include a
property record 1. i.s t. i.ng t.ite descr i.pt i.on, model, serial
- 4 - F110
8fl--3
r f
number, dat- .-)f acquisition, and cost. Such property shall
be i nventori e,1 spin i.-annual.ly, and an i-nventory report
submitted to CITRACJTEF shal l permit CITY staff access to
the premi ses ,Jier,� property i s -,eht for the purpose r)f
performing inventory moni_tori.ng funct ions. GlZi�NTEL shall_ not
,.li.spose of rnal or personal_ property purchased with CITY
funds through 1oan, or rel.ocat.ion without recei.viny
prior wri.t.ten approval. of the Ci.t.y Manager.
2.9 MINORITY PROCUREff-11],14T COMPLIANCE CLAUSE
GRANTEE acknowledges that. i.t has been furnished a copy of
Ordinance No. 10062, the i4i.norit.y Procurement Ordinance of
the Ci.t.y of Mi.ami., and shall. comply with al.l. appl.i.cabl.e
substant.i.ve and procedural. provisions therein, including any
amendments thereto.
2.10 DISCLOSURE OF FUNDS
GRANTEE shall. disclose al.l. 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 i.n the amount of funds through program
income or the sources received during the term of this
Agreement, wi.t.hi.n 30 days of such change. Examples of i.n-
ki.nd funds include free rent, labor, and office equipment.
2.11 FINAL EXPENDITURE REPORT
A final expendi.t.ure report shall be submitted to the CITY
wi.thi.n 30 days after the expiration of this Agreement. This
report shall reflect actual expenditures, by line -items,
versus budgeted expenditures. All persons employed and paid
pursuant to this Agreement are to be l i.sted by name, ti_t.l e,
Social Security number, date hired or terminated, ethnic
background, and total. salary ref.lecti.ng both CITY and other
fundi.ng sources.
'..12 REPORTS AND EVALUATIONS
GRANTEE shall transmit. to CITY, in writing, in a format
acceptable to CITY, quarterly reports regarding current
act.i.vi.ty and the progress of the GRANTEE'S activities.
GRANTEE shall submit to CITY such additional reports as may
5 RN-110:3 �/
or P.
i,L• reyu,�st ecl .
1RANTUE shal l prepat-P, in wri-t.i.ng, i-n a format acceptable to
CITY, any reports -)r locument-at-Jon that- may be required by
Federal, St-ato or 1,)r=i1 Directives.
At t he request �f t ITY, GRANTEE shall. t-ransmi t. t.o CITY
written statements of 3RANTEE's offici-al policy on specifi.ed
i.ssues r -1 at i nq to -;RANTFE's act.i_vi.ti-es.
CITY may carry out !�oni.tori-ng and evaluation acti.vi.t.i.es,
i-ncl.udi.ng vi.si.t-s and observations by CITY staff; GRANTEE
shalt ensure the cooperat.i-on of i.t.s einpl.oyees and Board
members i.n such efforts. Any i.nconsi.stent, i.ncomp.lete, or
inadequate i nforrnat-ion either received by the CITY on a
quarterly basi.s or obtained through monitoring and eval.uati.on
by the CITY, shall consti.tut.e good cause for the CITY t-.o
t.erini.nate t.hi.s Agreement. at any time thereafter.
2.13 AUDITS
GRANTEE wi..l..t comply with al..l appl_i.cabl.e federal regul.ati_ons
relat.i.ng to the submi.ssi.on of an independent audit from a
cert-Af i.ed publ. i.c accountant. CITY wi.l..l advise the GRANTEE,
in writing, of sa i.d audit requirement-s within three (3 )
months of the commencement. of this agreement. The GRANTEE
agrees to budget suffi.ci.ent funds allocated under this
Agreement. to secure an independent audit from a certified
publ.i.c accountant. whi-ch must include the expression of an
opi.ni.on on the f.i.nanci.al. statements, and a compliance letter
which tests whether the GRANTEE i.s in conformity with
Community Development Btock Grant. or other appl_i.cab.le
regulations. Line Item Change Requests will be accepted to
cover the cost. of the required audit. Additional- funds wi.l.l.
not be granted [or this purpose. If appl.i.cabl.e, sai.d audit.
�ihal l be submitted to the Ci.t-y's Department of Community
Development no later than 120 days after the expiration of
t-h i. s Agreement-..
2.14 CPA LETTER
GRANTEE sha 1- 1. submit. to the CITY at the commencement of the
Agreement a l.et.t.er from an independent Certified Pub].i.c
6 - SS--1103
�0
Accountant
( 'VA .00 c.h expresses t_he opi.ni.on
that
the
';RANTEL' s
act:ount.ing system has adequate internal
controls
to
s;lfequard
the jasof s of t he crjan i zat ion. Expenses
incurred
to secure
the CPA lotter ?nay be covere,1 by the CITY
grant.
and
11111,0 he i nc
I ,,]+-] i ;l t ho "Xilen'i it ure just If i cat i poll
fnrm of
t ho
bulge* summary.
ARTICLE III.
3.1 COMPENSATION
4. CITY shag 1 pay G(ZANTF.E, as maximum compensation for the
services redui.red pursuant to Art.i.cte II hereof, $132,578.
n. (.I'CY sisal 1 Dave the right to rev i.ew and audit. the time
,!cowls and ro=t it-o,] rec:orr3s of GRANTEE pertai.ni.ny to any
payments by CITY.
3.2 METHOD OF PAYMEtn
�. Upon written request. from GRANTEE, CITY may advance 1/bt.h
of the appropriated funds to GRANTEE prior to or after the
execution of the Agreement. The advance shall be
processed when the Agency has submitted the Agreement and
al.l. required provi s.i.ons to the City and the Agreement has
been approved and signed by the Insurance Management
Division of the CITY. CITY sliall_ release the advance upon
execution of a Letter of Understanding between the GRANTEE
and the DEPARTMENT whereby the GRANTEE i.s bound by all
requirements of the Agreement upon acceptance of the
advance. The a(lvauce shall be justified as fol lows : one-
half (1/2) i_n seven (7) equal monthly installments
commencing i.n the second month of this Agreement and
conti.nui.ng through the eleventh month of this Agreement;
one -Half (1/2) i.n the ninth and final month of this
Agreement. This method of justifying the advance may be
amended by the DEPARTHE:NT. Funds shall not be advanced by
the CITY i.f the GRANTEE i_s in default under this
Agreement.
B. A.U. other payments shalt be reimbursements for
expenditures incurred only during the term of tthi-s
Agreement, and in comps i.ance with the previously approved
or P
i,i.nN-Item i3u pa Such written request sliall contain a
statement Ipciarin(j and affJ.rmi.ng ihat all expenditures
.dare m.31e i n acc.or(i,311c tN wi.t.h the approve?e] bu,la?t . All
locument:i t.i on in support of such r-,hest shall he subject
t�3 approval h}- (:ITY a+- the * iine flee request i s made and
all invoices are required to be paid by GRANTEE prior to
submi ssion. 11 1 reimbursements mus* be i n 1 trie-1.tem form
and be in accorrl with t.hi.s Agreement. Al.l. expenditures
must be verifi.ed by ori.gi.nal_ i.nvoi.ce wi.t--h a copy of the
check which was used to pay that specific invoice. Wi.thi.n
60 clays of submi t t i ng reimbursement request., copies of the
cancel led checks shall. be submitted. In the event that an
i.nvoi.ce is paid by various func3i.ng sources, a copy of t-he
i.nvoi.ce may be submi.t.ted but must. indicate the exact
arnount paid by various funding sources equal.i.ng the total.
of the i.nvoi.ce. No miscellaneous categories shalt be
accepted as a 1J.ne item in the budget. Request for li.ne-
item changes are allowable, wi.th prior review and approval. _
by the CITY. A.U. 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
requests
should
be submitted to
the
CITY
within thirty
(30)
calendar
days after
the
i.ndebtedness has been incurred. Failure to comply may
rasul.t. in the rejection for repayment of those i.nvoi.ces
wi.thi.n the reimbursement package which do not meet this
requirement.
D. GRANTEE must submit the final. request for payment to the
CITY wi.thi.n 30 calendar days following the expiration date
or t.ermi.ncit-Jon date of this Agreement. If the GRANTEE
fai.l.s to comply, all rights to payment are forfei.ted 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 clue from the GRANTEE as a part of this contract
- 8 - SS-1103
P r
and ,any m(_-v,l if, c ;= i- i ons +-liereto.
3.3 FINANCIAL ACCOUN'iAB11,1TY
CITY reserves the right to and i.t the records of GRANTEE at
any time rluri mi `he performance of this Agreement. and for a
peri.,-)rj of titre- ,•-:irs ift.er fi.nal payment is made under this
Agreement.. �RnNTE'E Agrees to provide all fi.nanci.al. and other
,JhpI i.cabl e recor(3s 'Irld locument.at ion of services to CITY.
Any payment. theretofore made shalt be subject to reduction
for amounts i.ncl.ud(21 in the related i.nvoi.ce which are found
by CITY, on the hasi.s of such audit, not. t.o consti.t.ute
al towable -2xpetidi.tures. Any payments made to GRANTEE are
subiect to re,lucti.on for overpayments on previously submi.tt.ed
I1 V() i Ctts .
3.4 RZ'CAPTURE OF FUNDS
CITY shall reserve the right. r_o recapture funds when the
GRANTEE shalt fail (i.) to comply wi_t-.h the t-erms of this
ii,greement. or (ii.) to accept condi.t.i.oris imposed by CITY at the
direct i.on of the federal, state and local. agencies.
3.5 CONTINGENCY CLAUSE
Funding for t-lii.s Agreement. is conti.ngent, on the avai.l.abi.l i.ty
of funds and cone i.nued authori.za* i.on for program acti.vi.t i.es
and is subject to amendment or t-ermi.nati.on due to tack of
funds or autliori.zati.on, reduction of funds, and/or change in
reguIat_i.otis.
3.G SALARIES, FRINGE BENEFITS, JOB DESCRIPTIONS
To be el. i_gi.bl e for reimbursement for personnel. costs, GRANTEE
shalt subini_t t-o CITY for prior written approval, i.n
accordance wi.t.h U.S. Department of Labor gui.det i.nes, a
detai.l.ed statement of t.lie personnel, pol.i.ci.es of GRANTEE.
These personnel- pot i.ci.es are to i.nc.lude, but are not li.mi.ted
to, pay schedules, fringe benefits, resumes from staff,
method used t.o compute vacations and i.l.l. t.i.me, worki.ng hours,
office procedures, paid hoLi.days, computation of wages, job
descriptions to i.nc1.ude qua l_i.fi.cat.i.ons for job, an
affi_rmati.ve action plan, an equal employment opportunity
st.at.ement, disc►.pl.i.nary procedures and methods, and format.
9
P f
for and frequency of employee evaluations. The CITY shall
riot rei.mbur ,e iRANTEE for famJ.1.y health care insurance
premiums, nor shall the CITY reimburse GRANTEE for employee
ret.i.rement_ benefits.
ARTICLE TV.
4.1 PROJECT PUBLICITY
GRANTEI•; steal l ai)ide by affirmative action regulations i.n
i.nformi.ng residents of the geographical. area to be served
hereunder and of the services to be offered by ut.i.li.zi.ng any
avai.l.able means for advertisement, as necessary for
recrui.t.ment. ,and oiit reach.
All. literature, advcrti.si_ng, publi.ci.ty or promotion regarding
GRANTEE's act.i.vi.ti.es wi.l.l. be submi.t.t.ed to CITY for review and
approval prior t,-) release or ji.stri.but.i.on. No press
conference slhal.l_ be scheduled wi.t.hout wri.t.t.en notice to CITY.
4.2 NONDISCRIMINATION
GRANTEE agrees that. i.t shal.l not: di.scri.ini.nate as to race,
sex, color, creed, national. ori.gi.n or physical liandi.cap in
connection wi.t.h its performance under this Agreement.
4.3 CONFLICT OF INTEREST
GRANTEE covenants that no person under its employ who
presently exercises any functions or ' respons i.bi..l.i.t i.es in
connection with thi.s Agreement has any personal fi.nanci.a.l
interests, direct or i.ndi.rect, with CITY except as permitted
pursuant to this Agreement. GRANTEE further covenants that,
in the performance of thi.s Agreement, no person having a
confl.ict.i.ng i.nterest. shall. be employed. Any such i.nt.erests
on the part of GRANTEE or its employees, must be disclosed in
wri_t.i.ng to CITY.
GRANTEE i.s aware of the conflict of interest laws of the City
of Miami (Ci.ty of Miami. Code Chapter 2, Article V) , Dade
County Florida (Dade County Code Section 22-11.1) and the
State of Florida, and agrees that it shall fully comply in
all. respects wi.t.h the terms of said laws.
4.4 INDEMNIFICATION
GRANTEE shall i.ndemni.fy, defend and save CITY harmless from
- 10 - _ 88--1103
F 0.
and against. any and all claims, 1i.ahiIi.ti.es, losses, and
causes of act.i.on wlii.ch may arise out of GRANTEE's acti.vi.ti.es
under t.hi.s Agreement, includi.nq all other acts or omi.ssi.ons
to act on the hart :)f ;RANTEE, including any person act.i-ng
ror or on i rs heh.al f; from and against. any relevant orders,
judgments, or decrees wlii.ch may be entered against the CITY;
;in(] from and against. all costs, at.t-orney's fees, expenses,
and l.i.abi.l.i.ti.es incurred by the CITY i-n the defense of any
,uch cl.ai.ms or i.n the invest.i-gati.on thereof.
4.5 CUMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS
Bot.11 part.i.es ,ha1 i cornpl.y wi.t.h a11. appl.i.cable laws,
oreli.nances, and codes of federal., state and 1.oca1.
governments.
4.6 AMENDMENTS
No amendments to this Agreement. shall be bi.ndi.ng on ei.ttier
party unl.esrs in wr i.t.i ng ati;l signed by both part.i.es.
4.7 SUBCONTRACTS
GRANTEE agrees to give advance written noti.fi.cati.on to the
CITY of any subcontract. None of the services covered. -by
this Agreement. shall. be subcontracted without. the prior
written approval of CITY. Any work or services sub-
contracted hereunder shall. be subject to the terms and
conditions of this Agreement. Proper documentation in
accordance wi.th the DEPARTMENT and CITY gui.del.i.nes and
directives must be submi.t:ted to and approved by the
DEPARTMENT prior to the execution of any subcontract. The
advance noti.fi.catJon process shall include the following:
A. Ident.i.fi.cat.i.on of the subcontractor and services to be
provided.
B. The proposer] subcontract, together with a complete and
accurate breakdown of the price on a component -by -
component. bas i.s , and a l.1 bid documents.
C. Identi.fi.cati.on of the type of subcontract t-o be used.
1). Summary of .act.i.ons taken t.o select. the subcontractor.
Nothing cont.ai.ned herein shall create any contractual
- 11 - 88-110.;
/.S
P
P
rel <kt i oiishi p hf�f weer CITY And any subcontractor working
for GRANTEE.
4.8 UWNERO"H I P 00C111,1ENTG
rpod by (-,RA[JTEL: and-r this Agreement. shall_
I)e lel i vere,1 to by said GRANTEE upon compl-etion of the
5t--rvices requi.rerl ptirsuan* *o this Agreement and shall become
the property of CITY, without restrict.i.on or l.i_mi.tat.i.on on
1. t.s use. GRANTEE agrees that. a l_ 1_ documents ma i.nt.a i.ned and
generated pursuant. to t-.hi.s contractual relationship between
CITY and GRANTEE shall be subject to all provi_si.ons of the
Public Records Law, Chapter 119, Florida St-.at.ut.es.
It i.s further understood by and between the part i.es that any
documents or thi.ng whi.ch i.s given by CITY to GRANTEE pursuant
to t.hi.s Agreement. shall at all. t-Ames remain the property of
CITY and shall not he used by GRANTEE for any other purposes
whatsoever wi.t.hout the written consent- of CITY.
4.9 AWARD OF AGRE EMEN,r
GRANTEE warrants that i.thas not employed or retained any
person employed by the CITY
to
sol.i.ci.t
or secure this
Agreement and that it has not offered
to
pay,
paid, or agreed
to pay any person employed by
the
CITY
any
fee, commi_ssi.on
percentage, brokerage• fee, or
gift
of
any
kind contingent
upon or resulting from the award
of
this
Agreement.
4.LU NON-LIELEGABILITY
The oblJgati.ons undertaken by the GRANTEE pursuant to this
Agreement shall.
not be delegated or
assigned
to any other
person or firm
unless CITY shall fi.rst
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
expi.rati.on
of the
term
of
this
Agreement,
GRANTEE agrees
and
understands
that
CITY
has
no
obl.i.gati.on
to renew this
Agreement.
12 - SH--110 3
WA
U
P
Cl31tP1INATIoN I•' )NTJ' /\(-'T
CITY retains the right
to terminate t.hi.s Agreement. at any
time pr i or t o
f lie c-ompl et ion
of the services
required
pursuant to this
,lare,�inent without penal ty to CITY.
In that.
'?Vent-, notice
trrminaf ion of
this Agreement shal l be i.n
wr i_ t i.ng to GRANTi;E, who sha 1 1
be pa i l for those
sery ices
performed prior
to the date of
i.t.s receipt of the
notice of
t.ermi.nat.i.on. In no case, however, shalt CITY pay GRANTEE an
amount in excess of the total sum provi.ded by t.hi.s Agreement.
It. is hereby understood by and between CITY and GRANTEE that
any payment. made in accordance with t.hi.s Section to GRANTEE
shall. be made only i.f s3i.(i GRANTEE is not. i.n defaul_t. under
the terms of this agreement. If GRANTEE is i.n default, then
CITY sha 1. t in no way be ob 1. i.gated and shall. not. pay to
GRANTEE any sum whatsoever.
4.14 GENERAL CONUI'r l(-)iJS
A. AU notices or other communi.cati.ons which shall or may be
given pursuant to this Agreement shall be i:n writing and
shall be delivered by personal. service, or by registered
mail addressed to the other party at the address i.ndi.cated
herein or as the same may be changed from time to time.
Stich notice sha 1.1 be deemed given on the day on which
personalty served; or, if by mai.1, on the fifth day after
being posted or the date of actual receipt, whichever is
earl i.er.
CITY of MIAMI GRANTEE
3500 Pan American Dri-ve Holy Cross Day Care Center, Iric.
Miami., Fl.ori.da 33133 123 N.E. 36 St.
Miami., Fl.ori.da 33137
B. Ti.tle 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.
U. No waiver or breach of any provision of this Agreement
shall constitute a waiver of any subsequent breach of the
13 -
�8-11n:� �
r
same or any other provi.si.on hereof, and no waiver shall_
be effective unless made in writ-ing.
E. Should any provisions, paragraphs, sentences, words or
phrases contained in thi.s Agreement. be (let.ermi.ned by a
court. of compr-�tnnt jurisdicti-on to be invalid, i l legal or
otherwise unenforceable under the laws of the State of
Florida or the City of Mi.ami., such provi.si.ons, paragraphs,
sentences, words or phrases shall be deemed modified to
the extent r.ior(,ss.jry i n or,_ler to conform wish such laws,
or i.f not modi.fi.able to conform with such laws, then same
shd.11 be deemed severable, and in either event, the
remaining terms and provisions of this Agreement shall.
remain urimodi_fi.ed and in ful-1 force and effect.
4.15 INDEPENDENT CONTRACTOR
GRANTEE and its employees and agents shall be deemed to be
i.ndeperident contractors and not
agents or employees
of
CITY,
and shall. not. 3tt.ai.n any rights
or benefits under
the
Ci.vi.l
Service or Pension Ordinances of CITY or any rights generally
afforded classi.fi.ed 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 ASSrc;Ns
This Agreement shal_I 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
condi.ti_on
of
this
Agreement
or
fails
to
perform any of the terms and condi.t.i.ons coritai.ned herein,
then CITY, at i.ts sole option, upon written notice to
GRANTEE, may cancel. and terminate this Agreement, and al-
1-payments, advances, or other compensation paid to GRANTEE by
CITY while GRANTEL was in default of the provi.si.ons herei.n
contained shall_ be forthwith returned to CITY.
- 14 /
RB-1103
! Ok
ARTICLE V.
GRANTEE CERTIFICATIONS
5.1 GRANTEE certifies that.:
A. It poSsesSes the 1e9al .authority to enter i.nt.o this
Agreement 1)y way -)f a resoi_ut.i.on, motion, or si.mi.lar
act, ion that has heen (luIy adopter] or passe (I ar, an ofIi.ciaI
,-act of GRANTEIV s governing body, aut.horizi.ng the execution
of the Agreement, inc Iudi.ng all understandings anal
assurances herein, and di.rect.i.ng sand aut.hori.zi.►7g
the person ident-J.fi.ed as the offi.ci_al representative of
the GRANTEE to act in connection with the Agreement and to
provide such addi.ti.onal. i_nformat-J.on .as may be required.
B. It shall comply with the provisions of the Hatch Act which
limits the po.li.ti.cal activity of employees.
C. No program under this Agreement shall involve political.
acti.vi.ti.es.
D. It shall prohi.bi.t employees from usi.ng their positions for
a purpose that is or 'gives the appearance of being
motivated by desire for private gain for themselves or
others, part.i.cul.arl.y those with whom they have family,
business, or other ties.
E. Parti.ci.pants or employees in the program pursuant to this
Agreement shall not be employed on the construction,
operation, or maintenance of that part of any faci.li_ty
which i.s used for rel.i.gi.ous instruction or worship.
F. Appropri.at.e standards for health and safety i.n work and
training situations shall be maintained.
G. Persons employed i.n publi.c service jobs under this
Agreement shall be paid wages which shall not be lower
than whichever i.s the highest of (a) the minimum wage
which would be appl. i.cable to the employer under Federal.
standards, (b) the State -or.. local minimum wage for the
most nearly comparable covered employment, or (c) the
hrevai.l.i.ng rates of pay for persons employed in si.mi.l.ar
occupations by the same employer.
H. It shall comply with the Ci.vi.l. Rights Act as amended.
- 15
0 ok
I . It shy-11 1 comply with the regul at ions and requirements of
t he off ice f Management. and Budget Ci.rcuIar 11-102,
"Uniform Administration Requi.rement.s for Grant- in -Aid to
State and Local Governments," and Federal Manaqement
(.i.rcuI a 74-1, "Pr i nci_pl.es for Determining Costs
Appl icabl_e to Grants and Contracts with State and Local.
Governments."
J. It. shall_ comply with the Anti. -Kickback Act, Title 18, USC
Sect.i.on 874, and provisions of the Federal. Labor
;.standards, Ti.t 1.e 29.
K. It shalt. compl.y with the procedures set forth in the
Pol.i.ci.es and Procedures Manual. for Community Based
organi.zat.ions.
ARTICLE VI
ENTIRE AGREEMENT
IN WITNESS WHEREOF, the part.i.es hereto have caused this instrument
to be executed by the respective offi.ci.al.s thereunto duly
authorized on the first date above written.
CITY OF MIAMI, a municipal
Corporation of the State
ATTEST: of Florida
MATTY HIRAI
City Clerk
ATTEST:
Corporate Secretary
SEAL
By
CESAR H. ODIO
City Manager
GRANTEE: Holy Cross Day Care
Center, Inc., a Florida not for
profit corporation
By_ _
Emi.l..io Lopez, President
GUARANTEE
I , in cons i_derat i_on of the City of
Mi.ami.' s execution of the foregoing Agreement, the
undersigned, guarantee the performance of the terms and
conditions i.n sai.d Agreement required to be performed by the
Grantee i.ncl.udi.ng but. not limited to the provisions rel.ati.ng
- 16 -
88-11n:; C;� o
Ok
to default., assurances, and certifications.
Dated this day of , 1988.
an individual
By
individually
wumEss:
APPROVED AS TO INSURANCE REQUIREMENTS:
INSURANCE MANAGEMENT
APPROVED AS TO FOP14
AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
- 17 - R8-.1103 (::
Li
t
CITY OF MIA MI, FLORIDA
14
INTER -OFFICE MEMORANDUM
The H<.norable Mayor and Members DATE '�?� 7 '
FILE
To of the City Commission= `
Resolution Terminating
SUBJECT Wynwood Elderly Center,
Inc. Agreement and Auth-
orizing Execution of an
FROM REFERENCES Agreement with Holy Cross
Cesar H. Odi_o Day Care Center, Inc.
City Manager ENCLOSURES City Commission Meeting
November 3, 1988
RECOMMENDATION
It is respectfully recommended tnat the City Commission adopt the
attached resolution which approves the termination of the 14th Year
Community Development Block Grant Fund agreement with Wynwood Elderly
Center, Inc. and further authorizes the City Manager to enter into an
agreement with Holy Cross Day Care Center, Inc. in the amount of
$132,578 for the period October 7, 1988 through June 30, 1989 for the
purpose of maintaining services to the elderly in the Wynwood target
area.
BACKGROUND
The Department of Community Development has prepared follow-up
legislation to action taken by the City Commission at its meeting of.
October 6, 1988. At that meeting, the City Commission adopted
Resolution 88-955 which allocated $132,578 of unexpended funds
previously allocated to the Wynwood Elderly Center, Inc. to Holy
Cross Day Care Center, Inc. The resolution further directs the City
Manager to negotiate an agreement with Holy Cross Day Care Center,
Inc. to maintain services to the elderly in the Wynwood target area.
The Department of Community Development had notified Wynwood Elderly
Center, Inc., in a letter dated September 19, 1988, that the City of
Miami. was terminating its 14th Year Community Development Block Grant
Agreement for the period July 1, 1988 through June 30, 1989 with the
Agency. Three specific reasons were given for the termination: 1.
there is a pending IRS Levy on the Agency for failure to pay payroll
taxes; 2. it is alleged that employees had embezzled funds from the
Agency; and 3. the Agency had not paid rent payments to
Metropolitan Dade County and was in default of its lease with the
County. Wynwood Elderly Center had been allocated $186,624 of 14th
Year Community Development Block Grant Funds, $1,607 of 13th Year
Community Development Block Grant Funds and $8,111 from the Special
Programs and Accounts: Contingent Fund. At the time of the City's
termination letter., $132,578 of the total allocation had not been
SS-110-01 /Y- I
P
The Honorable Mayor and -2-
Member.s of the City
Comma. s sion
expended ($122,860 of 14th Year C.D. Funds, $1,607 of 13th Year C.D.
Funds and $8,111 from the Special Programs and Accounts: Contingent
Fund).
As directed by the City Commission, staff has negotiated an agreement
with Holy Cross Day Care Center, Inc. for the period October 7, 1988
through June 30, 1989 to maintain services to the elderly in the
Wynwood target area with the balance of unexpended funds previously
allocated to Wynwood Elderly Center.
The proposed legislation approves the termination of the 14th Year
Community Development Block Grant Fund agreement with Wynwood Elderly
Center., Inc. and further authorizes the City Manager to enter into an
agreement with Holy Cross Day Care Center, Inc., in the amount of
$132,578, for the period October. 7, 1988 through June 30, 1989 to
maintain services to the elderly in the Wynwood target area.
Attachments:
Proposed Resolution and Agreement
S8-110.3 a