HomeMy WebLinkAboutR-84-1127a,
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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.
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() "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.
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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
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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
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approved by the City Director and OCED. For purposes of this
section, originals of invoices, receipts, or other evidence of
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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,
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shall not be honored if received by the Finance Department later
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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
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The City shall implement this Agreement in accordance with
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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
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from time to time be made. The Federal, State and County laws,
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=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.
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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
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the time prescribed by this Agreement and the attachm�enta hOtet4 ,r
following the execution of'this Agreement. , +�
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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
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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
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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.
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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
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U.S. HUD on forms approved by OCED.
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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,
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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. '----
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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.
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S. DATA BECOMES COUNTY PROPERTY
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All reports, plans, surveys, information, documents, maps and other
data procedures developed, prepared, assembled or completed by the
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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
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arising out of the conduct of activities and administration of the
City
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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
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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.
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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;`
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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,
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.1 U. CONT9ACT VOCAMS '
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The
words and fictures contained in the following list of documents
which are hereto bound or herein incorporated by reference Ahd
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made a part hereof, shall constitute and be referred to as the
contract;
and all of said documents taken as a whole constitute
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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
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herein:
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(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,
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(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.
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In event of termination all finished or unfinished documents, data
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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
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Agreement through and including the date of termination subject to w
the conditions of Paragraph "$" above.
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SEVERAEILITY OF PROVISIONS
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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.
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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
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office at the address listed on page one (1) of this Agreement,` y;
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THE, AGAM49"
This Agreement, consisting of
thirteen enumerated pages and the
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exhibits referenced herein, shah be executed in six counterparts#
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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)
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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.
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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
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ownership counseling, family budgeting and neighborhood
crime prevention.
Exhibit "B" - Budget
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Allocation $16,000
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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.
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Enclosure
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