HomeMy WebLinkAboutR-88-0668RESOLUTION NO. AN__6f1*h
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, BETWEEN THE CITY OF' MIAMI
AND GREATER MIAMI NEIGHBORHOODS, INC., FOR
IMPLEMENTATION OF THE GREATER MIAMI
NEIGHBORHOODS PROGRAM IN THE CITY OF MIAMI
WHICH PROVIDES FINANCIAL AND TECHNICAL
SUPPORT TO COMMUNITY BASED NOT -FOR -PROFIT
CORPORATIONS IN THE PROVISION OF' HOUSING
AFFORDABLE TO LOW AND MODERATE INCOME
FAMILIES; FURTHER 1)IRKCTING THE CITY MANAGER
TO REALLOCATE: A TOTAI, OF ')Nt. HUNDRED TWENTY-
FIVE THOUSAND DOLLARS ($125,000) FROM
UNCOMMITTED LOTH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS FOR TI-il; AFOREMENTIONED
PURPOSE.
WHEREAS, the City Commission, through Motion No. 87-682
authorized and directed the City Administration to allocate an
amount not to exceed One Hundred Twenty -Five Thousand Dollars
($125,000) for the purpose of providing financial assistance to
Greater Miami Neighborhoods, Inc., in connection with the
implementation of the Greater Miami Neighborhoods Program in the
City of Miami, which provides financial and technical support to
community based not -for -profit corporations in the provision of
housing affordable to low and moderate income families; and
WHEREAS, funding in the amount of $125,000 is available from
uncommitted loth Year Community Development Block Grant Funds
entitled "Overtown Second Mortgage Housing Site Improvement
Project"; and
WHEREAS, said funds are being provided for programmatic
activities and not to defray the cost of program administration
in connection with the implementation of the Program; and
WHEREAS, it is necessary for the City of Miami to enter into
an Agreement with Greater Miami Neighborhoods, Inc. for the
purpose of carrying out the housing corporation's program goals
and objectives in the City; and
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MEETING OF
JUL 14 1988
88-6619
:SOLUTION No.
J=88-653
6/28/88
RESOLUTION NO. RN-69h
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, BETWEEN THE CITY OF' 141AMI
AND GREATER MIAMI NEIGHBORHOODS, INC., FOR
IMPLEMENTATION OF THE: GREATER MIAMI
NEIGHBORHOODS PROGRAM IN THE CITY OF MIAMI
WHICH PROVIDES FINANCIAL AND TECHNICAL
SUPPORT TO COMMU14ITY BASED NOT -FOR -PROFIT
CORPORATIONS IN THE PROVISION OF HOUSING
AFFORDABLE TO LOW AND MODERATE INCOME
FAMILIES; FURTHER DIRECTING THE CITY MANAGER
TO REALLOCATE A TOTAL OF WglE HUNDRED TWENTY-
FIVE THOUSAND DOLLARS ($125,000) FROM
UNCOMMITTED LOTH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS FOR Tlfl AFOREMENTIONED
PURPOSE.
WHEREAS, the City Commission, through Motion No. 87-682
authorized and directed the City Administration to allocate an
amount not to exceed One Hundred Twenty -Five Thousand Dollars
($125,000) for the purpose of providing financial assistance to
Greater Miami Neighborhoods, Inc., in connection with the
implementation of the Greater Miami Neighborhoods Program in the
City of Miami, which provides financial and technical support to
community based not -for -profit corporations in the provision of
housing affordable to low and moderate income families; and
WHEREAS, funding in the amount of $125,000 is available from
uncommitted loth Year Community Development Block Grant Funds
entitled "Overtown Second Mortgage Housing Site Improvement
Project"; and
WHEREAS, said funds are being provided for programmatic
activities and not to defray the cost of program administration
in connection with the implementation of the Program; and
WHEREAS, it is necessary for the City of Miami to enter into
an Agreement with Greater Miami Neighborhoods, Inc. for the
purpose of carrying out the housing corporation's program goals
and objectives in the City; and
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CITY COMMISSION
MEETING OF
JUL 14 1988
88-'fifi �
IMI.LIT 10' No,
--
P Olk
WHEREAS, the roles and responsibilities of the City and
Greater Miami Neighborhoods, Inc., will be set forth in an
Agreement in a 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 a form acceptable to the City Attorney,
between the City of Miami and Greater Miami Neighborhoods, Inc.
for the purpose of implementing Greater Miami Neighborhoods
Program in the City of Miami.
Section 2. One Hundred Twenty -Five 'Thousand Dollars
($125,000) from the uncommitted loth Year Community Development
Block Grant Fund entitled "Overtown Second Mortgage Housing Site
Improvement Project" is hereby reallocated for the purpose of
providing financial assistance to Greater Miami Neighborhoods,
Inc. in connection with the implementation of the aforementioned
Program.
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PASSED AND ADOPTED this 14th.. ,_ day
1988.
ATTE •
MATT Y HIRAI, CITY CLERK
COMMUNITY DEVELOPMENT REVIEW:
Jam.
FRANK CASTAN'EDA,^DIRECTOR
DEPARTMENT OF COMMUNITY DEVELOPMENT
FINANCE REVIEW:
CAR GARCIA, DIRECTOR
FINA CE DEPARTMENT
PREPARED AND APPROVED BY:
OBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
,j
JORG L. ,, DEZ
CITY ATTORNEY
g
of July,
�XXER L. S Z, MAYOR
BUDGETARY REVIEW:
MANOHAR SURANA, DIRECTOR
MANAGEMENT AND BUDGET
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this day of
1987, by and between the City -)f Miami, a municipal corporation
of the State of Florida, (hereinafter referred to as the "CITY"),
and GREATER MIAMI NEIGHBORHOODS, INC., a :ion -profit :'lorida
corporation, (hereinafter referred to as the 'CONTRACTOR').
FUNDING SOURCES: Community Development Block Grant (CDBG)
NOW, THEREFORE, in consideration of the mutual covenants and
obligations set forth, the parties understand and agree as
follows:
ARTICLE I.
As a necessary part of this Agreement, all exhibits and
attachments issued by The Enterprise.Foundation are equally
applicable and operative as to the CONTRACTOR, the CONTRACTOR
shall provide the CITY with the following:
1.1 Copy of CONTRACTOR's Articles of Incorporation, Charter and
By-laws.
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 CONTRACTOR's current Fidelity Bond (applicable for
all persons who are authorized to receive and disburse funds
under this Agreement); current liability insurance, naming
the CITY as an additional insured.
1.5 Authorized Representative Statement (on form supplied by the
CITY) .
1.6 Statement of Accounting System (on form supplied by the
CITY) .
1.7 CPA letter verifying the CONTRACTOR's Accounting System or
current Audit Report which verifies the CONTRACTOR's
internal controls as adequate to safeguard the
organization's assets.
1.8 Proof of Worker's Compensation Insurance.
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1.9 CONTRACTOR's Corporate Seal (to be affixed to signatory
Page, and Corporate Resolution) .
1.10 Corporate Personnel Policies and Procedures.
1.11 Corporate Resolution authorizing execution of this
Agreement.
1.12 Staff salary schedule (on forms supplied by the CITY).
1.13 Work Program (approved by the CITY).
1.14 Final Expenditures Report (to be submitted to the CITY on an
approved form no later than 30 days after the expiration of
this Agreement) .
1.15 Certified Independent Audit (to be submitted to the CITY no
later than 120 days after the expiration of this Agreement).
1.16 CONTRACTOR's ProgramjLine-Item Budget/Expenditure
Justification (on forms supplied by the CITY).
1.17 Job description and Resumes for all positions funded in
whole or in part under this Agreement.
1.18 Copy of all Sub-contract(s) funded in whole or in part under
this Agreement.
ARTICLE I I .
2.1 TIME OF PERFORMANCE
The term of this Agreement shall be for a period of one (1)
year. The term of this Agreement shall be from
through
2.2 CITY AUTHORIZATION
The City of Miami City Commission duly authorized, this
agreement and its execution by the City Manager pursuant to
City of Miami Motion NO. 87-682 passed and adopted on July
9, 1987, which is attached hereto as Attachment I. 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 fiscal
control, programmatic monitoring, and modification of this
Agreement.
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2.3 ENTIRE AGREEMENT
This instrument and its attachments constitute the sole and
only agreement of the parties hereto relating to said grant
and correctly sets forth the rights, juties, and obligations
of 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 CONTRACTOR
The CONTRACTOR shall carry out the services as prescribed in
its Work Program (Attachment II ), which is attached and
incorporated herein and made a part of this Agreement, in a
:awful, and proper manner, satisfactory to the CITY, in
accordance with the written policies, procedures, and
requirements as prescribed in this Agreement, as set forth
by the United States Secretary of Treasury and the AGENCY.
2.5 BUDGET SUMMARY AND LINE ITEM BUDGET JUSTIFICATION
CONTRACTOR shall comply with its Program/Line-Item Budget
Expenditure Justification which is attached and incorporated
herein and made a part of this Agreement.
2.6 RETENTION OF RECORDS
CONTRACTOR shall retain all financial records, supporting
documents, statistical records, and all other records
pertinent to this Agreement for a period of three years.
The retention period starts from the date of this submission
of the final expenditure report. Records for non -expendable
property acquired with funds under this Agreement shall be
retained for a period of three years after its final
disposition. All records retained pursuant to this section
shall be retained beyond the three-year period if audit
findings have n6t been resolved.
2.7 BONDING AND INSURANCE
CONTRACTOR shall maintain insurance and bonding coverages
acceptable to the CITY's Insurance Manager. Prior to
commencing any activity under this Agreement, the CONTRACTOR
shall furnish to .the CITY certificates of insurance and
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bonding indicating that the CONTRACTOR is in compliance with
the provisions of this article.
CONTRACTOR shall provide the following coverages:
a) Insurance coverage that reflects sound business
practices acceptable to the C:TY's Insurance 'tanager.
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.
c) All bonding and insurance shall be issued by insurance
and surety companies July authorized to transact such
business in the state of Florida and rated A:X or better by
A.M. Best Rating Guide (latest edition).
d) 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.
e) CONTRACTOR shall be required to maintain bonding and
insurance in operative force and effect throughout the term
of this agreement and must furnish to City's Insurance
Manager, for his review and approval copies of all such
insurance coverages and any renewals, extensions or
modifications of such insurance.
2.8 LEVEL OF SERVICE
Should start-up time for a program be required or any delays
in service occur, the AGENCY is to be notified in writing
immediately, giving all pertinent details and indicating
when service will begin and/or continue. It is understood
and agreed that the level of services, activities, and
expenditures by the CONTRACTOR, in existence prior to the
initiation of services hereunder, shall be continued and
shall not be reduced in any way as a result of this
Agreement. Programs funded through this Agreement will not
result in the displacement of employed workers, impair
existing contracts for services, or result in the
substitution of funds allocated under
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this Agreement for other funds in connection with work
which would have been performed in the absence of this
Agreement.
2.9 PURCHASING AND INVENTORY
:f CITY funds are used by CONTRACTOR under this Agreement to
obtain supplies and equipment, the CONTRACTOR 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 bids for the purchase of capital equipment.
The three bids shall accompany all requests for payments.
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).
CONTRACTOR shall be responsible to CITY for any damage or
destruction to said property and shall reimburse CITY for
such damage or destruction. CONTRACTOR 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 and are to be inventoried as
such, which will include a property record listing the
description, model, serial number, date of acquisition, and
cost. Such property shall be inventoried semi-annually, and
an inventory report submitted to CITY. CONTRACTOR shall
permit CITY staff access to the premises where property is
kept for the purpose of performing inventory monitoring
functions. CONTRACTOR shall not dispose of real or personal
property purchased with CITY funds through sale, loan, or
relocation withbut receiving prior written approval of the
City Manager.
2.10 MINORITY PROCUREMENT COMPLIANCE CLAUSE
CONTRACTOR acknowledges that it has been furnished a copy of
Ordinance No.,, 97�, as amended, the Minority Procurement
Ordinance of the ,City of Miami, and shall comply with all
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applicable substantive and procedural provisions therein,
including any amendments thereto.
2.11 DISCLOSURE OF FUNDS
CONTRACTOR shall disclose all sources (public Dr 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
terms of this Agreement, within 30 days of such change.
Examples of in -kind funds include free rent, labor, and
office equipment.
2.12 FINAL EXPENDITURE REPORT
A final budgetary report including an audited financial
statement shall be submitted to the CITY within 30 days
after the expiration of this Agreement. This report shall
reflect actual expenditures, by line -items, versus proposed
expenditures submitted prior to the commencement of this
Agreement. 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.
2.13 REPORTS, AUDITS, AND EVALUATIONS
CONTRACTOR will transmit to CITY in writing, monthly
reports regarding current activity and the progress of. the
CONTRACTOR's activities' in a format acceptable to CITY.
CONTRACTOR shall submit to CITY such additional reports as
may be required.
CONTRACTOR shall prepare, retain and permit CITY to inspect
as it deems necessary for grant purposes that may be
relevant to Federal, State or Local Directives.
At the request of CITY, CONTRACTOR will transmit to CITY
written statements of CONTRACTOR's official policy on
specified issued relating to CONTRACTOR's activities. CITY
may carry out monitoring and evaluation activities to
include at a minimum; visits and observations by CITY staff,
and CONTRACTOR shall ensure the cooperation of its employees
and board members in such efforts. All reports , audits,
and evaluations either submitted to CITY on a monthly basis,
or acquired through ongoing monitoring and evaluation will
be thoroughly reviewed by CITY. Any discrepancies,
incomplete or inadequate information either received on a
monthly basis or through monitoring and evaluation, will
give CITY cause to terminate this Agreement at any time
thereafter unless said discrepancies, incomplete or
inadequate information is rectified by the CONTRACTOR within
thirty (30) days.
ARTICLE - Ill.
3.1 COMPENSATION
A. CITY shall pay CONTRACTOR , as maximum compensation for
the services required pursuant to Article II hereof,
$125,000.
B. CITY shall have the right to review and audit the time
records and related records of CONTRACTOR pertaining to any
payments by CITY during the term of this agreement and for
three (3) years thereafter at such locations in Dade County
as the City may designate.
3.2 METHOD OF PAYMENT
A. Upon execution of this Agreement and with a written
request from CONTRACTOR, CITY may advance 1/6 of the
appropriated funds to CONTRACTOR. Prior to the final
reimbursement of the fiscal year, CONTRACTOR must submit
a written 7statement verifying the expenditure of the
initial advance which is subject to CITY approval as
provided in this Article. All payments shall be
reimbursements for expenditures incurred only during the
term of this Agreement, and in compliance with the
previously appeoved Program/Line-Item Budget Expenditure
Justification. Such written request shall contain a
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statement declaring and affirming that all disbursements
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 specified vendor. 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 are allowable, with prior review and
approval by the CITY. All line -item changes must be
made prior to the date of execution of this Agreement.
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, Any payment therefore made shall be subject
to reduction for amounts included in the related invoice
which are found by CITY, on the basis of• such audit, not to
constitute allowable expenditures. Any payments made to
CONTRACTOR are subject to reduction for overpayments on
previously submitted invoices.
3.4 REIMBURSEMENT - TIMELY SUBMISSION
Requests for payment shall be made on a monthly basis.
Reimbursement requests for expenditures incurred during the
term of this Agreement shall not be honored unless received
by CITY within 30 days after the end of the month in which
such expenditures are made. Final program closeout
reimbursement request for expenditures shall not be honored
unless received by the CITY 30 days following the expiration
date of this Agreement.
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3.5 RECAPTURE OF FUNDS
CITY shall reserve the right to recapture funds when the
CONTRACTOR shall fail (1) to comply with the terms and
conditions of this Agreement or (i i) to accept .conditions
imposed by CITY at the direction of the federal, state and
local agencies or (iii) fails to maintain the required
insurance or bonding or (iv) is voluntarily or involuntarily
dissolved, merged, declared bankrupt, insolvent, or unable
to pay its expenditures when due or has a levy, execution,
lien or similar writ issued against its property.
3.6 CONTIGENCY CLAUSE
Funding for this Agreement is contigent 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.
3.7 SALARIES, FRINGE BENEFITS, JOB DESCRIPTIONS
To be eligible for reimbursement for personnel costs,
CONTRACTOR shall submit to CITY for prior written approval,
in accordance with U.S. Department of Labor guidelines, a
detailed statement of the personnel policies of CONTRACTOR.
These personnel policies are to include, but are not limited
to, pay schedules, fringe benefits, resumes from the Miami
area 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 employee evaluations. The
CITY will not reimburse CONTRACTOR for family health care
insurance premiums, nor will the CITY reimburse CONTRACTOR
for employee retirement benefits.
ARTICLE IV.
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4.1 PROJECT PUBLICITY
CONTRACTOR 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 utilizing any
available means for advertisement, as necessary for
recruitment and outreach.
All literature, advertising, publicity or promoting
regarding CONTRACTOR's activities will be submitted to CITY
for review and approval prior to release or distribution.
The CITY will be notified of any conference that will be
scheduled by the CONTRACTOR.
4.2 NONDISCRIMINATION
CONTRACTOR agrees that it shall not discriminate as to race,
sex, color, creed, national origin or physical handicap in
connection with its performance under this Agreement.
4.3 CONFLICT OF INTEREST
CONTRACTOR covenants that no person under its employ who
presently exercises any functions or responsibilities in
connection with this Agreement has any personal financial
interests, direct or indirect, with CITY. CONTRACTOR
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 CONTRACTOR
or its employees, must be disclosed in writing to CITY.
CONTRACTOR is aware of the conflict -of -interest laws of the
City of Miami (City of Miami Code Chapter 2, Article V),
Dade County, Florida (Dade County Code Section 2-11.1). and
the State of Florida, and agrees that it shall fully comply
in all respects with the terms of said laws.
4.4 INDEMNIFICATION'
CONTRACTOR shall indemnify and save CITY its officials and
employees, 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
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CONTRACTOR, including any person acting for or on its
behalf; from and against any relevant orders, judgments, or
lecrees which may be entered against the CITY; and A.
from and
against all costs, attorney's fees, expenses, and
liabilities incurred by the CITY in the defense �Df 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,
ordinances, and codes of federal, state and local
governments.
4.6 AMENDMENTS
No amendments to this Agreement shall be binding on either
party unless in writing and signed by both parties.
4.7 SUBCONTRACTS
CONTRACTOR agrees to give advance written notification to
the CITY of any subcontracts if CITY funds are used by
CONTRACTOR to make payments for materials or work performed
under this Agreement. 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 with the
AGENCY and CITY guidelines and directives must be submitted
to and approved by the AGENCY prior to CONTRACTOR'S
execution of any subcontract. A SUBCONTRACTOR is defined as
an independent individual or organization, i.e., not an
employee, agent or instrumentality of the CITY, its Housing
Conservation and Development Agency or CONTRACTOR that has a
written agreement entered into with the CONTRACTOR and who
agrees to perform any administrative function or service for
the CONTRACTOR specifically related to securing or
fulfilling the CONTRACTO R's obligation to the CITY under the
Obligation of Contract of this Agreement. The advance
notification process shall include the following:
A. Identification -=of the SUBCONTRACTOR and services to be
provided.
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 SUBCONTRACTOR to be used.
D. Summary of actions taken to select the SUBCONTRACTOR.
Nothing contained herein shall create any contractual
relationship between CITY and any SUBCONTRACTOR working for
CONTRACTOR.
4.8 OWNERSHIP OF DOCUMENTS
All documents developed by CONTRACTOR under this Agreement
shall be delivered to CITY by said CONTRACTOR upon
completion of the services required pursuant to this
Agreement and shall become the property of CITY, without
restrictions or limitation on its use. CONTRACTOR agrees
that all documents maintained and generated pursuant to this
contractual relationship between CITY and CONTRACTOR shall
be subject to all provisions of the Public Records Law,
Chapter 119, Florida Statues.
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. Said documents may be made available for publication
by the CONTRACTOR with the written consent of the CITY.
4.9 AWARD OF AGREEMENT
CONTRACTOR warrants that it has not employed or retained any
person employed by the CITY to solicit or secure this
Agreement and that it has not offered to pay, paid, or
agreed to pay -any person employed by the CITY any fee,
commission percentage, brokerage fee, or gift of any kind
contigent upon or resulting form the award of this
Agreement.
4.10 NON-DELEGABILITY
The obligations u93dertaken by the CONTRACTOR pursuant to
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this Agreement shall not be delegated or assigned to any
other person or firm unless CITY shall first consent in
writing to the performance of 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, CONTRACTOR
agrees and understands that CITY has no obligation 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 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, will CITY pay CONTRACTOR
an amount in excess of the total sum provided by this
Agreement.
It is hereby understood by and between the 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 sum
whatsoever.
4.14 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
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
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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.
CITY OF MIAMI
Housing Conservation and
Development Agency
Director
Dupont Plaza Center
300 Biscayne Blvd.
Suite 401
Miami, Florida 3313
CONTRACTOR
President
Greater Miami
Neighborhoods,Inc.
1 S.E. 15th Road
Miami, Florida 33129
B. Title and paragraph headings are for convenient
reference and are not part of this Agreement.
C. In the event of conflict between the terms of this
Agreement and any terms or conditions contained in any
attached documents, the terms in this Agreement shall
control.
D. No waiver or breach
of any
provision of this
Agreement
shall constitute a
waiver
of any subsequent
breach of
the same or any other provision hereof, and no waiver
shall be effective unless made in writing.
E. Should any provisions, paragraphs, sentences, words or
phrases contained in this Agreement be determined by a
court of competent jurisdiction to be invalid, illegal
or otherwise unenforceable under the laws of the State
of Florida or the City of Miami, such provisions,
paragraphs, sentences, words or phrases shall be deemed
modified to the extent necessary in order to conform
with such laws, or if not modifiable to conform with
such laws, then same shall be deemed severable,and in
either event, the remaining terms and provisions of this
Agreement shall remain unmodified and in full force and
effect.
4.15 INDEPENDENT CONTRACTOR
CONTRACTOR and its employees and agents shall be deemed to
be independent CONTRACTORS and no agents or employees of
CITY and shall not attain any rights or benefits under the
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Civil Service or Pension Ordinance 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 employees 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 CONTRACTOR shall fail to comply with each
and every term and condition of this Agreement of fails to
perform any of the terms and conditions contained herein,
then CITY, at its sole option, upon written notice to
CONTRACTOR, may cancel and terminate this Agreement, and all
payments, advances, or other compensation paid to CONTRACTOR
by CITY while CONTRACTOR was in default of the provisions
herein contained shall be forthwith returned to CITY.
4.18 AMENDMENTS
No amendments to this Agreement shall be binding on either
party unless in writing and signed by both parties.
ARTICLE V
CONTRACTOR CERTIFICATION
5.1 CONTRACTOR 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 CONTRACTOR's governing body, authorizing
the execution of the Agreement, including all
understandiggs 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.
H. It will complZ- with the provisions of the Hatch Act
which limits the political activity of employees.
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qN-(;6s
r
C. No programs 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 ?ain farm themselves or
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
which is used for religious instruction or worship.
F. Appropriate standards for health and safety in work and
training situations will be maintained.
G. Persons employed in public service jobs under this
Agreement shall be paid wages which shall not be lower
than whichever is the higher of (a) the minimum wage
which would be applicable to the employer under Federal
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 regulations and requirements of
the Office of Management and Budget Circular A-102,
"Uniform Administration Requirements for Grant -in -Aid to
State and Local Governments", and Federal Management
Circular 74-4, "Principles for Determining Cost
Applicable to Grants and Contracts with State and Local
Governments."
J . It will comply with the Anti -Kickback Act, Title 18, USC
Section 874, and provisions of the Federal Labor
Standards, Title 29.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by the respective officials
thereunto duly authorized on the first date above written.
ATTEST:
MATTY HIRAI
City Clerk
ATTEST:
i
Corporate edretary
CITY OF MIAMI, a municipal
Corporation of the State
of Florida
BY
CESAR ODIO
City Manager
Greater Miami
Neighborhoods, Inc.
/XPe ' nt ,
I , in consideration of the City of
Miami's execution of the foregoing Agreement, the undersigned,
guarantees the performance of the terms and conditions in said
Agreement required to be performed by the Grantee including but
not limited to the provisions relating to default, assurances ,
and certifications. Dated this day of , 1987.
By
APPROVED AS TO FORM AND CORRECTNESS:
L. FERNANDEZ
City ttorney
APPROVED AS TO INSURANCE REQUIREMENTS:
Harry Gordclh,
INSURANCE MANAGER
individually
(SEAL)
"Vit;W. �::...,.
- 17 -
73. Representative(s) of Greater Miami
Nelchborhoods. Inc. to discuss continued
support for their program which provides
financial and technical support to
community based low income housing
efforts.
�7-I;_S %
M-87-682
MOVED: PLUMMER
SECONDS KENNEDY
UNANIMOUS
q S—f +Fib;
40,� :.
CONTRACTOR: Greater Miami Neighborhoods, Inc.
FIELD OFFICER: Robert Pollack
BUDGET AMOUNT: $125,000 For One Year
FUNDING SOURCEc Community Development Block Grant Funds
WORK PROGRAM
JULY 6, 1987 - JULY 6, 1907
RECOGNIZING THATs
The need to render assistance to neighborhood organizations in
housing development activities is a Metro Miami Action Plan goal.
GMN will support this effort by providing specialized assistance
in capacity building of selected neighborhood groups particularly
in the areas of organization, planning, implementation, management
and finance in the building and rehabilitation of low cost
housing. •
Greater Miami Neighborhoods, Inc. (GMN) a Florida corporation will
receive supervision and assistance in administering the project
from The Enterprise Foundation with the goal of providing
permanent technical support and financing to selected neighborhood
groups.
I. PROGRAM will organize and operate a Housing Resource Center to
provide support and technical assistance to Community Based
Organizations to develop and manage housing for low-income
families and individuals.
A. The program components are:
1. Capacity Building of Community Based organizations.
a) Program will work with selected CBO's to assist in
the development of low-income housing. The
contractor will assist the CBO's in identifying
feasible -projects and provide seed capital and
technical assistance to help in the implementa-
tion of low-income housing projects.
b) The initial CBo's for the program and projects
are an followas
1. St: John CDC
a) Rehab of mixed use apartment building-
s residential units, a commercial
-6.3 1.A r-' : 1 1IaI'll a&'4-8 T ---Inr
b) Now construction of townhomes 12-28
unite.
2. East Little Havana CDC -
a) New construction of 10 townhomee.
3. Little Haiti Housing Association
A) Rehabilitation of five to ten homes
to be acquired through FHA.
0 The contractor may expand its C80 assistance
program to other community based organizations
based upon available resources and project
feasibility and affordability to very -low income
households.
d) Program will provide training to each CBO in the
areas of project selection and feasibility,
construction planning and management, property
management and organizational development.
i) Program will provide such training through
direct technical assistance and the use of
workshops.
ii) Program will utilize local staff, Enterprise
Foundation staff, and consultants from other
CBO's in the Enterprise Network.
Z. Construction Cost Containment and Reduction
a) Program will examine construction methods, and
materials in Dade County and will work to identify
methods to reduce the cost of providing low-income
housing.
b) Program will work to identify projects with
each CBO to provide low-income housing by
September 1989.
c) Program will train local CBO staff in the use
of a computerized construction management
system to include estimating specification
writing and management of contractors.
3. Reducing The Cost of housing Financing
a) Program will work with local and state governmental
entities, to more effectively utilize existing
financing programs and help to develop new programs
to lower ttte cost of financing low-income housing.
zECI'A s:S: qs a a M eat-s:s-_1nr
4.
gmncdbg
b) Program will work to establish a model for the
syndication of low-income housing using the redetal
low-income housing tax credit. The Urban League
Ring Heights rental project will be used an a
model.
a) program will seek to establish and administer a
benevolent loan fund that will Make low -interest
financing available for first and second mortgages.
Low-Zncome Rousing Support
a) Program will work with the other agencies to
provide a network and linkage to CEO's to increase
their ability to produce and manage low-income
housing.
b) Pro cam will provide private sector mentor's and
advieore to assist CRO's in the implementation of
housing projects.
r143 6(9 ,
V0 1 •Z QS a 91 % a a m 9a-8 T --inr
l
204
CITY OF MIAMI. FLORIDA
,NTER-OFFICE MEMORANDUM
=ATE
Honorable Mayor and Members
Of the City Commission
4 11A L/ Q� =EEERENCES
Jorge L. Fernandez
City Attorney
: NCLOSURES
"lE
July 14. 1988
City Commission Meeting
July 14. 1988
Agenda Items 414, #16,
#28. #35, #36, #39 #42,
#50, #53, 460, #62, 463
and 4145
The following information and material should be considered by
you in your deliberations at today's Meeting:
Agenda Item #14 (J-88-633) [Resolution accepting bids
for furnishing office supplies] We have added language
in the body of the Resolution to refleot that in those
instanoes where a minority vendor and a non -minority
vendor submitted bids in the identical amount, the
award is being made to the minority vendor; likewise,
where identical bids have been submitted by a Dade
County vendor and a non -Dade County vendor. the award
is being made to the Dade County vendor.
Agenda item #1B (J-88-635) [Resolution accepting bid
for furnishing and installation of playground
equipment] The allocation of specified amounts from
the various project accounts for this contract to
purchase and install park equipment in 18 City parks
has been modified to reflect that the allocations are
maximum amounts. The modification was made because the
total proposed contract cost is less than the allocated
amount in the Resolution that was distributed in the
Packet.
Agenda Item #28 (J-88-645) [Resolution declaring a
previously awarded bidder in default and accepting next
lowest bid] This Item involves a bidder, who after
being awarded a contract for the construotion of this
Virginia Key Lifeguard project, simply did nothing (not
even executing the contract documents). As
distributed, the Resolution would have rescinded the
earlier awarding Resolution (No. 88-197, 3/10/88).
However, we have modified the proposed Resolution to
expressly declare -_the previously successful bidder to
be in default. A c:py of the substitute Resolution is
attached.
Honorable Mayor and Members
of the City Commission
July 14, 1988
Page 2
Agenda item #35 (J-88-653) [Resolution authorizing an
agreement and reallocation of funds] The distributed
material for this Item did not include a copy of the
Agreement with Greater Miami Neighborhoods, Inc. whose
execution is sought to be authorized; we are attaching
a copy for your reference and our guidance.
Agenda Item 436 (J-88-850) [Resolution authorizing a
oontraot to increase existing Revolving Loan Fund] The
title to this Resolution has been modified to reflect
the provision of $190,000 for admiErffrMive operations
of Miami Capital Development. Inc. As distributed the
allocation, although expressly set forth in Section 2
of the Resolution body, was not refleoted in the title.
Agenda Item #39 (J-88-696) [Resolution rescinding
portion of previously adopted Resolution, allocating
funds, approving guidelines for pilot program and
authorizing contracts] There were unsubstantial
changes made in the title as well as the body of this
Resolution as distributed which Resolution formalizes
action taken by you at the Meeting of June 23, 1988 in
regard to the Citywide Business Development Pilot
Program.
Agenda Item #42 (J-88-655) [Resolution authorizing
amendment to Revocable Use Permit for the United States
Yacht Racing Union] Our office is reviewing the
unified development process which is being applied to
the parcel of land involved in this Item. Pending that
review. we request that your consideration of this Item
be deferred until the next Commission Meeting of
July 21st.
Agenda item #50 (J-88-687) [Resolution authorizing
request for bids and allocation of funds for
construction of housing units] We have added language
in the title of this Resolution to reflect the fact
that the contraot will be awarded on the basis of a
minority set -aside and that the performance bond is
being waived as ---is reflected in the body of the
Resolution.
,' 6vi 4
Honorable Mayor and Members July 14, 1988
of the City Commission Page 4
"Mada Item #a3 (J-88-678) [Emergency Ordinance
changing the required notifioation for public hearings
to comply with State Statutes) The title of this
Emergency Ordinance as distributed reflected an
amendment as being made to City Code Section 62-54 when
in fact no amendment is being made. Accordingly, we
have made this change and corrected a grammatical error
in the first 'Whereas' clause. The attached ordinance
replaces the ordinance contained in your Packet.
Agenda Item #145 (J-88-378) [Discussion concerning
proposed revision to City Burglary and Robbery Alarm
Ordinance) Our previous transmittal memorandum to you
dated July 8. 1988 is attached hereto together with the
proposed amendatory ordinance which is recommended for
adoption on first reading at this Meeting today.
JLF:RFC:bss:P584
cc: Cesar H. Odic, City :tanager
Natty Hirai, City C1-_rk
Herb Bailey, Assistant City Manager
Chief Clarence Dickc n, Police Department
Ron E. Williams. Director, General Services Administration
Walter Golby, Director
Department of Parks. Recreation and Public Facilities
Don W. Cather, Director, Department of Public Works
Gerry Gerreauz, Dircctor
Housing Conservation and Development Agency
Frank Casteneda. Director, Department of Community Development
Edith Fuentes, Director
Department of Building and Zoning
Linda K. KearsQn, Assistant City Attorney
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members of
To the City Commission
r
FROM Cesar H. Odio
City Manager
RECOMMENDATION:
DATE J U L 5 1988 FILE
Resolution Authorizing
suejEc- %xecltion of Agreement
Great-�r '•Iiami
Neighborhoods, Inc.
REFERENCES Cl ty Commission Agenda
Item - July 14, 1988
ENCLOSURES
It is respectfully recommended that the City Commission adopt the
attached resolution authorizing the City Manager to execute an
Agreement with Greater Miami Neighborhoods, Inc. for implementation
of the Greater Miami Neighborhoods Program in the City of Miami
which provides financial and technical assistance to community based
not -for -profit corporations in the provision of housing affordable
to low and moderate income families. The attached resolution
further directs the City Manager to reallocate funds in the amount
of One Hundred Twenty -Five Thousand Dollars ($125,000) from
uncommitted loth Year Community Development Block Grant funds for
the purpose of assisting the aforementioned corporation in the
implementation of the Program.
BACKGROUND:
The Housing Conservation and Development Agency recommends
ratification of the attached resolution authorizing the City Manager
to execute an Agreement with Greater Miami Neighborhoods, Inc. for
the purpose of implementing the Greater Miami Neighborhoods Program
in the City of Miami. The attached resolution further directs the
City Manager to reallocate funds in the amount of One Hundred
Twenty -Five Thousand Dollars ($125,000) from uncommitted loth Year
Community Development Block Grant f urids for this purpose.
In July of 1987, the City Commission, through Motion No. 87-682,
authorized and directed the City Administration to allocate an
amount not to exceed One Hundred Twenty -Five Thousand Dollars
($125,000) to Greater Miami Neighborhoods, Inc. for the
implementation of the Greater Miami Neighborhoods Program in the
City of Miami. Funding in the amount of $125,000 is available from
uncommitted loth Year Community Development Block Grant Program
funds and is being recommended for the purpose of providing
financial assistance to Greater Miami Neighborhoods, Inc.
City Commission adoption
recommended.
of the attached resolution is
35