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HomeMy WebLinkAboutR-84-1127a, 7 J-84-935 10/1/84 RESOLUTION NO, 84owiI27 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH METROPOLITAN DADE COUNTY FOR THE PURPOSE OF IMPLEMENTING A PORTION OF DADE BOUNTY'S COMMUNITY DEVELOP- MENT BLOCK GRANT PROGRAM DURING THE TENTH YEAR FOR A CERTAIN SOCIAL SERVICE ACTIVITY; AUTHORIZING THE CITY MANAGER TO ACCEPT A TRANSFER OF FUNDS FROM DADE COUNTY IN THE AMOUNT OF $16,000; ALLOCATING SAID SUM FOR SAID ACTIVITY. WHEREAS, Metropolitan Dade County has entered into an agreement with the United States of America for a grant for the execution and implementation of a Community Development Program in certain areas of Dade County, pursuant to Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, the aforementioned grant provides for the implemen- tation of a social service activity during the Tenth Year of the — . Program; and WHEREAS, funds have been previously appropriated by Ordinance No. 8719, as amended, to accomplish this purpose; and WHEREAS, Metropolitan Dade County desires to engage the City of Miami to implement a tenant education project in the Model City area; and WHEREAS, the City of Miami desires to implement the afore- mentioned activities during the Tenth Year of the Community Development Program; 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 hereto, with Metropolitan Dade County for the purpose of imple- menting a tenant education project within the Model City area, thereby implementing a portion of Dade County's Community Development Program; further, the City Manager is hereby authorized to accept a transfer of $16,000 from Dade County C= co 1ETING 07, OCT 10 hereby allocated for the following programs Model City Tenant Education (TA'A.M. ). PASSED AND ADOPTED this jo h day of bet __- _ _ --- _ ► 1984. Maurice A._ Ferre__ EST: d MAU ICE A. FERR , MAYOR y. 8 G. ONGIE pity Clerk PREPARED AND APPROVED BY: y 00�BERTAF. CLARR E7 Deputy City Attorn APPROVED TO AND CORRECZ City Attorney RFC/wpc/pb/018 SS: V02- ACREFMENT AND THE Gi THIS RETROACTIVE AGREEMENT, entered into thisY _ day 1983, by and between Dade County, a political subdivision of the State Florida, for the use and benefit of its Community Development program a' the City of Miami, a municipal gorvernment duly organized and existing under by virtue of the laws of the State of Florida, having i principal office at 3500 Pan American Drive, Miami, Fla. WHEREAS, Dade County has entered into an agreement with the United States of America for a grant for the execution and implementation of a Community Development Program in certain areas of Dade County, pursuant to Title I of the Housing and Community Development Act of 1974 (as -c amended); and WHEREAS, certain Dade County Community Development Citizen Participation structures, the Board of County Commissioners of Dade County, and the City of Miami desire to provide social service type activity and economic development type activity to eligible recipients living within Community Development Block Grant target areas. WHEREAS, Dade County desires to engage the City of Miami to implement such undertakings of the Community Development Program; NOW, THEREFORE, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINITION AND PURPOSE 1. Definitions (1) "County" means Metropolitan Dade County. (2) "CDP" means the Community Development Block Grant Program of Dade County. (3) "OCED" means the Office of Community and Economic Development. (4) "City" means City of Miami. -la a () "CScHD ASS al"" Means the written a la `o the Director or hie designee of the Community Derr opment program after a request or a report has been properly processed in accordance With the Community Development project Management procedures for operating agencies. (6) "U.S. HUD" means the Secretary of Housing and Urban Development or a person authorized to act on his behalf. 2. Purpose The purpose of the contract is to state the covenant and conditions under which the City will implement the scope of services set forth in Part II of this Agreement. PART II SCOPE OF SERVICES The City shall, in a satisfactory and proper manner as determined by OCED, perform the task necessary to conduct the program outlined in the Work Program Narrative Exhibit "A" and Budget Exhibit "B", attached hereto and made a part hereof. �. � PM Itt I OPa-ZM-lV T OF PMMMMINMIM, AND ODWITIMS O PAVMW 1. mom CIONi[ommy The City agrees to accept as full payment for services rendered to the County in a manner satisfactory to OCEb the actual amount of budgeted, eligible and OCED approved expenditures and encumbrances made by the City under this Agreement. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of sixteen thousand dollars, ($16,000),.for the period of July 1, 1984 through June 30, 1985. 2. TIME CF. PF. OORMANM The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.S. HUD Camrmmity Development Block Grant No. B-84-UC-12-0006. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the City shall comTence upon execution of this Agreement or receipt of an order to Proceed from the OCED, and shall be undertaken and =rpleted in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by June 30, 1985. 3. METHOD OF PA)MM The County agrees to make payments and to reimburse the City for all budgeted costs permitted by Federal, State and County guidelines. In no event shall the County provide advance funding to the Cit or i OMvMsts by the Y Y - City for payments or reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted to CX� for processing. Payment shall be made by the County Finance De�tmerit Director upon proper presentation of itmices and reports A W. 'f' ' •• �.xure=A�eneer*.."".':N.»w3xifi..n. .r approved by the City Director and OCED. For purposes of this section, originals of invoices, receipts, or other evidence of a indebtedness shall be considered proper documentation. When original documents cannot be presented, the City trust adequately justify their absence, in writing, and furnish copies. Invoices, k; shall not be honored if received by the Finance Department later 7_ than sixty (60) days after the expiration date of this Agreement. - 4. CONDITIONS ON WHICH PAYMENT IS CONTINGENT (1) IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES x The City shall implement this Agreement in accordance with t, applicable Federal, State and County laws, ordinances and codes and with the procedures outlined in the OCED Project Operations Manual for Operating Agencies, and amendments and additions thereto as may �i from time to time be made. The Federal, State and County laws, i =j ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the OCED Project Operations Manual. No direct payments or reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with the County's Finance Department and OCED.No payments will be made until a copy of the Agency's OCED-approved personnel policies has been placed on file with OCED and the County Finance Department. No payments will be made until an.00ED-approved cost allocation plan for multi -funded projects has been placed on file with the County Finance Department. - 4 - a .0� VIN 0 C LA4-AO&! At It ITY the County may have a financial systems analysis and an internal fiscal control evaluation of the City by an independent auditing firm employed by the County or by the County Internal Audit Department at any time the County deems necessary to determine the capability of the City to fiscally manage the project in accordance with Federal, State and County requirements. (3) SUBCONTRACTS Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement.- Proper documentation in accordance with County, State and Federal guidelines and regulations must be submitted by the City to OCED and approved by OCED prior to the execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and County laws and regulations. None of the work or services covered by this Agreement, including but not limitedAto consultant work or services, shall be subcontracted or reimbursed without prior written OCED approval. (4) PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Project Operatf.ons-. Manual, including Federal Management Circulars A-102 and'A-110, Attachment 101, "Procurement Standards", incorporated herein by reference. (5) REPORTS, AUDITS AND EVALUATIONS Payment will be contingent on the receipt and approval of reports required by this Agreement, the satisfactory evaluation of the project by OCED and the County and satisfactory audits by the Internal Audit Departments of the County and Federal Governa►et�k p required. All reports (monthly, bi-weekly, etc.) will be due V1 1 -�a ,4 the time prescribed by this Agreement and the attachm�enta hOtet4 ,r following the execution of'this Agreement. , +� t EkcS i r OCED shall have the right under this Agreement to suspend or terminate payments until the City complies with any additional conditions that may be imposed by OCED, the County or U.S. HUD at any time. (7) PRIOR -,_WRITTEN APPROVALS -SUMMARY '-z The following activities require the prior written approval of OCED to be eligible for reimbursement or payment:, (a) Initiation of new programs not covered by this Agreement; (b) All subcontracts and agreements pursuant to this Agreement; (c) Hiring of new employees; (d) All capital equipment expenditures of $200 or more; (e) Procurement of all electrical items; and (f) All out-of-town travel. PART IV GENERAL CONDITIONS S� 1. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The City agrees that no person shall on the ground of race,_ color, national origin or sex, be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination the County shall have the right•to terminate this Agreement. To the greatest feasible extent lower income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in f connection with the project. i t. k � N i , 1 2. OppOM"ITIES POP, S14Aih ANb MINORITY BUSINESS In the procurement of supplies, equipment, construction or services to implement this Agreement, the City shall make a positive effort to utilize small business and minority owned business sources of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent -feasible these 3. 4. small business and minority owned business sources shall be located in or owned by residents of the CDP areas designated by Dade County in the CDP Grant Application approved by U.S. HUD. EVALUATION AND MONITORING The City agrees that OCED will carry out periodic monitoring and evaluation activities as determined necessary by OCED or the County and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating,to project scheduling, budgets, and out -put measures. The City agrees to furnish upon request to OCED, the County or the County's designees and make copies or transcriptions of such records and information as is determined necessary by OCED or the County. The City shall submit on a monthly and quarterly basis, and at other times upon the request.of OCED, information and status reports required by OCED, the County or 4 U.S. HUD on forms approved by OCED. . T AUDITS AND INSPECTIONS ; At any time during normal business hours and as often as OCED, the:: County, U.S. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the City to OCED, i' the County, U.S. HUD or the Comptroller General for examination alb its records with respect to all matters covered by this Agreement,` The City will permit OCED, the County, U.S. HUD or the Comptrol1er, General to audit and examine all contracts, invoices, materials,. n payroll, records of personnel, conditions of employment and other , data relating to all matters covered by this Agreement. '---- a i 1� 1 The County to Pirves the right to require the City or any of its j subcontractors to submit, at the request of the County,. to an audit by an auditor of the County's choosing. The cost of said audit shall be born by the County. Documents and records required• hereunder shall be maintained by the City no less than three (3) years after the termination of this ,Agreement. �C S. DATA BECOMES COUNTY PROPERTY t All reports, plans, surveys, information, documents, maps and other data procedures developed, prepared, assembled or completed by the i 4 City for the purpose of this Agreement shall become the property of the County without restriction, reservation or limitation of '= their use and shall be made available by the City at any time upon request by the County or OCED. Upon completion -of all work contemplated under this Agreement, copies of all of the above data shall be delivered to OCED upon written request. 6. INDEMNIFICATION The City recognizes that it is an independent contractor and stipulates or implies no affiliation between itself and the County. The City shall, as provided by law, indemnify and save the County harmless from any and all claims, losses, damages and causes of actions which may arise out of the.performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened, unless such act -is caused in whole or in part by an agent or employee of the County. The City shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits, in: the name of the County when applicable, and shall pay all. costs: -and judgments which may issue thereon. In particular, the City will hold the County harmless and will indemnify the County for funds which the County is obligated to refund the Federal Government 451 arising out of the conduct of activities and administration of the City a r• Js i'Ll\a 00i l.VAT >:r..-,-..rvv'r•- <:.. e:.,:.,...i rw The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activ ties of the City. j The City agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those J being assisted under this Agreement which is not less than that level existing prior to this Agreement. 8. CONFLICT OF INTEREST The City agrees to abide by and be governed by County Ordinance #72-82 (Conflict of Interest) as amended which is incorporated herein by reference and conflict of interest provisions of the Community Development Block Grant Program. The City further covenants that no person who presently exercises any functions or responsibilities in connection with the CDP Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree ith the performance of this Agreement and that no person having any conflicting interest shall be employed or subcontracted. Any possible conflicting interest on the part of the City or its employees shall be disclosed in writing to OCEDI provided, however, that this paragraph shall be interpreted in such 9. .10. a manner so as not to unreasonably impede the statutory requirement y� that maximum opportunity be provided for employment of and participation of lower income residents of the project target area. CITIZEN PARTICIPATION #' The City shall cooperate with OCED in informing the appropriate;` f CDP Citizen Participation Structures, including the appropriate Ares Committees of the activities of the City in carrying out the provisions of this Agreement. Representatives of the City shall �,. attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of the Citizen Participation Officers, OCED, or the County, PROJECT PUBLICITY The City will take aff i.rmAti.ve Action tO WOM 4Lr04 reasi+donta the services crounder through the ioeal mows to +dia, County Office of Cc�u unications, a. .1 U. CONT9ACT VOCAMS ' r The words and fictures contained in the following list of documents which are hereto bound or herein incorporated by reference Ahd 't made a part hereof, shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute Al the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length t q herein: =' (1) Scope of Services (Goals, Objectives, Work Program) (2) Summary Budget (s) (3) Office of Management and Budget Circulars A-122, A-102, A-87, and A-110, as appropriate (4) OCED Project Operations Manual (5) U.S. HUD Closeout Procedures (6) Sub -grantee Personnel Policies and Job Descriptions (7) Sub -grantee Incorporation Certificate and Articles of Incorporation (8) Sub -grantee By -Laws (9) Sub -grantee Certificates of Insurance and Bonding (10) Approved Monthly Report.format (11) Current list of Sub -grantee Officers and members of Board of Directors (12) Executive Orders 11026, 11246, 11625, and Davis Bacon Act (13) Sub -grantee's Affirmative Action Plan All of these documents are filed and will be maintained on file at the business office of OCED. One copy of the contract documents will be furnished to the Sub -grantee without charge by OCED, with the exception of items (1) , (2) , (6) , (7) , (8) , (9) , (11) , and (13) above, which shall be transmitted 'to OCED by the Sub -grantee. 12. TERMINATION A. Termination or Suspension of Payments of Contract for Cause: If through any cause the City shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if the City shall violate any of the covenants, agreements, or stipulations of this Agreement, the County shall thereupon have the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the City of such termination or suspension of payment and specifying the effective date thereof, at least five (5) working days before the effective date of termination or suspension. If payments are withhold, OCED shall specify in writing the actions that meat be taken b� the City as a condition precedent to resumption of payments 4 shall specify a reasonable date for compliance, -10- p .its,.,tst• s�lt� UgUse ttyt SUspett3irif`i t 9g B Ei . i lt1�l�t# ' x ro • (� lnefee or itproper use a (2) Failure to comply - with the work program or terns of th a Agreements (3) Failure to submit reports as required; and (4) Submittal of materially incorrect or incomplete reports. `.3 In event of termination all finished or unfinished documents, data 5_ studies, surveys drawings, maps, models, photographs, reports prepared, and capital equipment secured by the City with CDP funds } under this Agreement shall be returned to OCED or the County. Notwithstanding the above, the City shall not be -relieved of liability to the County for damages sustained by the County by virtue of any breach of the contract by the City, and the County may withhold any payments to the City for the purposes of set-off - until such time as the exact amount of damages due to the County from the City is determined. B. Termination for Convenience of County: The County may terminate this Agreement at any time by giving at least ten (10) working days notice in writing from the County to the City. If this Agreement is terminated by the County as provided herein, the City will be paid for allowable services performed under Part II of this Agreement until the effective date of termination. In the event the grant to the County under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date the U.S. HUD specifies. If this Agreement isJ' terminated due to the fault of the City, it shall be subject to paragraph "A" above. '. C. Termination for Convenience of the City: R At any time during the term of this Agreement, the City may, ar its option and for any reason, terminate this Agreement..upon Lett S (10) days prior written notice to the OCED. Upon termination thenj City shall be paid for services rendered pursuant to this 3 r Agreement through and including the date of termination subject to w the conditions of Paragraph "$" above. c t SEVERAEILITY OF PROVISIONS _ a if any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if ,such remainder would-, then continue to conform to the terms and requirements of applicable ," law. 14. AMENDMENTS The County may, at its discretion, amend this Agreement to conform with changes in Federal, State, County or U.S. HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this.Agreement and shall be subject to approval of the Board of County Commissioners and approval of.the City of Miami Commission. Except as otherwise provided herein, no amendment to this Agreement shall be binding on - either party unless in writing, approved by the Board of County Commissioners and the City of Miami Commission and signed by both parties. 15. OPTION TO RENEW This Agreement or portions thereof shall be renewable at the discretion of the County Manager, in writing, for a maximum period =r • of one year on the same terms and conditions contained herein upon the delivery of written notice by the County to the City at least 30 days prior to termination, but subject to acceptance and approval by the City. t 16. NOTICE All notice required to be given under this Agreement shall be sufficient when delivered to OCED at its office at 90 S.W. Sth-St. Suite 309, Miami, Florida, and to the City when delivered to its K S tiA' office at the address listed on page one (1) of this Agreement,` y; h W12- x •, 3 tw. a n 3 :r. i fr i THE, AGAM49" This Agreement, consisting of thirteen enumerated pages and the �i exhibits referenced herein, shah be executed in six counterparts# f each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on this day of 1984. Approved as to Form and Legal Sufficiency:* BY: BY: Assistant County Attorney Attorney for City of Miami Metropolitan Dade County (Signature optional) BY: County Manager Metropolitan Dade County ATTEST: BY: OCED (signature) BY: Clerk, Board of County Commissioners Metropolitan Dade County (SEAL) _13- BY: Howard V. Gary, City Manager City of Miami BY: Clerk, Board of City -Commissioners City of Miami • Exhibit "A" - Work Program Narrative The City of Miami will be responsible for providing the services listed below on behalf of Dade County to the eligible residents of the Model City Target Area through the City0s contract with the Tenant Education Association of Miami, Inc. (TEAM) . The City will be responsible for: 1) The negotiation of the TEAM contract. 2) Submission of the work program and budget to the. Office of Community and Economic Development for approval prior to ratification by the City of Miami. 3) Submission of quarterly monitoring reports to the Office of Community and Economic Development. The services to be provided by TEAM to 50 unduplicated eligible residents of the Model City Target Area are: 1) Referral Services - to assist -tenants in the resolution of problems an grievances related to their living condi- tions by referring tenants to: A) The appropriate property management firm, landlor and/or public or private social service agency for corrective action. B) Where necessary, referrals will be made' to the local, state or federal enforcement agency. 2) Educational Efforts - to provide tenants with information as to: A) Their rights and obligations under the Florida Resi- dential Landlord and Tenants Act. = B) Services available from Catholic Community Services; Dade County Rodent Control; Legal Services of Greater Miami and others. C).Three (3) seminars per quarter will be conducted to educate tenants in the areas of housekeeping, home _ li, ownership counseling, family budgeting and neighborhood crime prevention. Exhibit "B" - Budget - Allocation $16,000 } 'f s. a w A N 3 Nw 79TH at FEC 8wY Nw 71 ST 8f Nw 02ND ST Nw 54TH at i • Hw 45TH ST Nw 41ST ST •' ZSE1fto hRl�m Co � COIKA .. c�+uu110of14t. tlfznite EMN "Cf! Model Citv Ares w .ut w > y H � 2 N Pt N N 3 Z > > W z y 2 rents (Gladeview Area). lx" Business Condo. ldustrial Park � k • , MODEL m any CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM 56 TO. Howard V. Gary OATS: September 25, 1984 City Manager _ SUMIJECT: Resolution authorizing a transfer _ of loth Year C.D. funds from Dade County to implement a tenant education Dena Spillman,, Director gwjject in Model City. - FROM: FE CES: Department of Community Development City Commission Agenda ENCLOSURES: October 11, 1984 1 it is recommended that the City Com- mission adopt a resolution authorizing the City Manager to enter into an agree- ment with Metropolitan Dade County to implement a portion of the County's Tenth Year Community Development Block - _ Grant Program to implement a tenant educa- tion project; and authorizing the City Manager to accept a transfer of $16,000 from Dade County for that purpose. The attached Resolution authorizes the City Manager to enter into agreement with Dade County to accept $16,000 of loth Year Dade County Community Development Block Grant funds for the purpose of implementing a tenant education project in Model City. The Coun':y requested that the Tenant Education Association of Miami (T.E.A.M.) project jointly funded by the City and County be administered by the City. Since the City already has the responsi- bility for contracting with T.E.A.M. for the use of loth Year Com- munity Development Block Grant Funds, staff agrees that it is ad- vantageous to administer the County's share of funding for T.E.A.M. to better facilitate the control of expenditures. During the loth Year, T.E.A.M. receives $25,520 from the City. The attached Resolution effectuates the aforementioned action and is a companion item to a proposed ordinance which encumbers the $16,000 County transfer of loth Year C.D. funds. DS tmb Enclosure nr r Z