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Home My WebLink AboutexhibitsINTERLOCAL AGREEMENT BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COLLEGE FOR THE PROVISION OF EDUCATIONAL PROGRAMS AT JOSE MARTI PARK LOCATED AT APPROXIMATELY 353 SOUTHWEST 4TH STREET, MIAMI, FLORIDA TABLE OF CONTENTS ARTICLE I TERMS 1.1 Definition of Terms 2 ARTICLE II GENERAL DESCRIPTION 2.1 Description of Park 3 2.2 Consideration 4 2.2 Permitted Uses 5 2.3 Furnishing and Equipment 2.4 Utilities 6 2.5 City's Responsibilities 6 ARTICLE III TERM 3.1 Agreement Period 3.2 Option to Extend 7 ARTICLE IV PROVIDER'S COVENANTS 4.1 Basic Services 8 4.2 MDC's Duties and Responsibilities 8 4.3 MDC's Personnel 9 4.4 Promotion of the City and MDC 10 4.5 Registration for MDC's Services 11 4.6 Annual Plan 11 4.7 Performance Review 11 4.8 Program Schedule for the Computer Room 12 4.9 Program Schedule for the Multipurpose Room 13 4.10 City Sponsored Events in the Community Center 13 4.11 Funding Sources for the Construction of the 14 Community Center and MDC's Services 14 4.12 Technical Support for the Computer Room ARTICLE V INDEPENDENT PROVIDER AND HOLD HARMLESS PROVISIONS 5.1 Independent Provider 15 5.2 Agency 15 5.3 Indemnification and Hold harmless 16 7 it ARTICLE VI CONSIDERATION 6.1 Consideration ARTICLE VII RIGHT TO CANCEL OR TERMINATE 7.1 Cancellation by request of either of the parties Without cause ARTICLE VIII DEFAULT 8.1 Default ARTICLE IX DAMAGE OR LOSS TO PROVIDER'S PROPERTY 16 17 17 9.1 Risk of Loss 18 9.2 Notice of Damages or Injuries 18 9.3 Vandalism and Thefts 19 9.4 Theft and Loss Liability 19 ARTICLE X ASSIGNMENT 10.1 Assignment ARTICLE XI INSURANCE 11.1 Insurance ARTICLE XII NOTICE 12.1 Notice ARTICLE XIII AUDITS AND INSPECTION RIGHTS 13.1 Audits and Inspection Rights ARTICLE XIV AFFIRMATIVE ACTION 14.1 Affirmative Action 19 19 20 21 21 iii 14.2 Nondiscrimination 22 14.3 Minority/Women Business Utilization 22 ARTICLE XV MISCELLANEOUS PROVISIONS 15.1 Force Majeure 22 15.2 Applicable Law 23 15.3 Compliance with Laws 23 15.4 Successors 23 15.5 Amendments 23 15.6 Award of Agreement 23 15.7 Waiver of Jury Trial 24 15.8 Severability 24 15.9 Waiver 24 15.10 Restoration of the Property 24 15.11 Caption 25 15.12 Counterparts 25 ARTICLE XVI ENTIRE AGREEMENT 16.1 Entire Agreement 25 EXHIBIT A JOSE MARTI PARK COMMUNITY EXHIBIT B THE PREMISES (SITE PLAN) EXHIBIT C THE PARK EXHIBIT D THE SERVICES EXHIBIT E HUD GRANT iv INTERLOCAL AGREEMENT This Interlocal Agreement (the "Agreement") is made as of this day , 2003, but effective as of , between the City of Miami, a municipal corporation of the State of Florida (hereinafter called the "City"), and The District Board of Trustees of Miami -Dade College by and on behalf of Miami -Dade College, a political subdivision and an educational institution of the State of Florida (hereinafter called the "MDC") (hereinafter collectively referred to as the "Parties"). RECITALS WHEREAS, the City is interested in providing recreational and educational programs, activities and facilities for the use and benefit of people of various age groups, including, but not limited to, teenagers, children, elderly and families living in the neighborhoods near Jose Marti Park (the "Park"), located at approximately 353 Southwest 4th Street, Miami, Florida; and WHEREAS, the City owns and/or has under its jurisdiction and control certain lands and facilities at the Park that may be utilized for community recreational and educational activities; and WHEREAS, the community living in the neighborhoods at or around the Park (defined below as "Community") is one of the poorest areas in the City of Miami and in need of economic development; and WHEREAS, the MDC is interested in providing educational programs and activities to the teenagers, children, elderly, families and the unemployed, but mainly to the at -risk youth living in the Community; and WHEREAS, the common objective of providing such community recreational and educational programs, activities and facilities, for teenagers, children, elderly, families and the unemployed, but mainly to the at -risk youth residing in the Community may be best achieved through the joint and concerted action of the parties hereto; and WHEREAS, as a result of the aforementioned, the City agrees to enter into this Agreement with the MDC; and WHEREAS, the MDC agrees to accept this Agreement upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the premises and mutual covenants contained herein, the Parties hereto do hereby covenant and agree as follows: ARTICLE I TERMS 1.1.1 Definitions of Terms. For the purpose of this Agreement, the terms defined in this Article shall have the following meanings: a) "Additional Term" has the meaning ascribed to it in Section 3.2. b) "Agreement" shall mean this written agreement. c) "Agreement Year" shall mean a consecutive twelve (12) month period during the Term and Additional Terms, if exercised, commencing on the effective date of this Agreement. d) "At -Risk Youth" shall mean individual youth living in communities affected by crime, drug addiction, or violence that are a potential risk to school dropouts, teenage pregnancy, drug, alcoholic, and tobacco users. Youths that have exposure to sexually transmitted diseases, bad role models, perpetuate the cycle, language barriers, cultural assimilation difficulties, and incarceration) "City" means the City of Miami, a municipal corporation of the State of Florida. f) "City Manager" means the administrative head of the City's government who has been 2 appointed by the City Commission of the City of Miami in accordance with the provisions of Section 15 of the Charter of the City of Miami, as amended, and who is authorized to execute this Agreement and other documents including notices required hereunder. g) "Community" shall mean the area within the City of Miami that surrounds the Park and is more particularly depicted in Exhibit "A", attached hereto and made a part hereof. h) "Community Center" shall mean the new building within the Park with approximately 11,000 square feet. The building will provide administrative offices, aerobic and dance area, arts and crafts space, fitness wellness training with exercise machines, multipurpose rooms, computer room, storage rooms, bathrooms and pantry/concession area. i) "Computer Room" shall mean the space designated as the place where the computers and the equipment will be stored and used. It is more particularly depicted in Exhibit "B" attached hereto and made a part hereof. j) "Fiscal Year" shall mean a year beginning July lst and ending June 30th of following year. k) "Grant Funds" shall mean the funds from HUD Grant, defined below. 1) "HUD Grant" shall mean the grant with the OMB Approval No. 0348-0043, a copy of which is attached as Exhibit D. m) "MDC" has the meaning ascribed to it in the opening paragraph of this Agreement, together with its successors and/or assigns. n) "Management Representative" shall mean the person authorized by the MDC to act fully on behalf of the MDC in managing the Services and programs as required by this Agreement, o) "Multipurpose Rooms" shall mean spaces that may be used for classrooms, entertainment, lectures, recreation and for other community activities. For the purposes of this Agreement, MDC may be able to use Multipurpose Rooms #112, 113 and 114 for the provision of its Services. p) "Option Request" has the meaning ascribed to it in Section 3.2. q) "Other Activities" shall mean all the activities for all age groups that will use the Park. 3 r) "Other Programs" shall mean programs and activities provided by the City or by Other Providers who may provide recreational and educational programs to the teenagers, children, elderly, families, the unemployed, and the at -risk youth residing in the Community and in the City. This may include programs for Community youth within the age range serviced by the MDC. Other Programs in open areas of the Park include holiday and summer camps, martial arts, and arts and crafts. s) "Other Providers" shall be other entities, including the City, that provides activities at the Park. t) "Park" shall mean the City -owned property with improvements located at approximately 353 Southwest 4th Street, Miami, Florida, as more particularly described in Exhibit "C" attached hereto and made a part hereof known as the Jose Marti Park. u) "Parks Director" shall be the City's Director of the Parks and Recreation Department. w) "Park Manager" shall be the City's on -site manager at the Park authorized by the City to coordinate all the activities at the Park. x) "Premises" shall be used when collectively referring to the Computer Room and Multipurpose Rooms that may be used by MDC. y) "Services" shall mean MDC's educational programs that are being provided for teenagers, children, elderly and families, but mainly to the at -risk youth. z) "Term" has the meaning ascribed to it in Section 3.1 aa) "Termination Date" shall mean the day on which this Agreement expires or such earlier date as may be specified in accordance with the provisions of this Agreement. bb) "Youth" shall be defined as anyone under the age of 18. 4 ARTICLE II GENERAL DESCRIPTION 2.1 Description of the Park. Jose Marti Park covers approximately 10 acres of land in east Little Havana. The Park contains a Community Center, with approximately 11,000 square feet, and a pool, basketball court, multipurpose shelter, playground, picnic tables and shelter, racquetball courts, softball fields, plazas, walkways, parking and open green areas. 2.2 Consideration The City owns, and/or has under its jurisdiction, and controls the Park, which may be utilized for community recreational and educational activities. MDC has obtained a grant. A portion of the Grant Funds shall be applied toward the cost of the provision of Services in the Community Center, further described in Section 4.1 entitled "Basic Services." Another portion of the Grant Funds shall be applied towards the construction of the Community Center, as further, described in Section 4.11 entitled "Funding Sources for the Construction of the Community Center." The City and the MDC acknowledge and agree that the Grant Funds shall only be used for the purposes outlined in the HUD Grant, OMB Approval No. 0348-0043, a copy of which is attached as Exhibit E ("HUD Grant"). 2.3 Permitted Uses This Agreement authorizes MDC to use the Premises, in accordance with the terms and conditions contained herein, to implement educational programs for teenagers, children, elderly, families and the unemployed, but mainly for the at -risk youth residing in the Community ("Permitted Uses"). To provide its Services, MDC shall use the Premises and other areas of the Community Center in common with the City and Other Providers. MDC acknowledges that under the direction of the Park Manager and Park Director, the Park shall be used by the City and may be used by the MDC, Other Providers and other members of the Community. The City retains dominion, possession and control of the Park. Therefore, no 5 lease interest in the Park is conferred upon MDC under the provisions hereof. MDC does not and shall not claim at any time any interest or estate of any kind or extent whatsoever in the Park or the Community Center by virtue of this Agreement or its use of the Community Center. By its donation of funds towards the construction of the Community Center, MDC does not, shall not, and agrees not to claim any interest or estate of any kind in the Park or the Community Center. 2.4 Furnishings and Equipment. The City has title to the building and the furnishing and fixtures attached to it. The City's furnishings and equipment may be available for provide MDC's use at the Premises, on a non- exclusive basis, free of any charge. MDC shall coordinate its usage through the Park Manager. MDC hereby accepts the use of the City's furnishings and equipment "as is" and "where is". MDC shall not remove any of the City's furnishings and equipment from the Community Center without the prior written consent of the Park Manager. In the Computer Room, the City shall provide the same tables and chairs that are located throughout the Community Center. MDC shall provide any additional furnishings and equipment that it may need for the provision of its Services. Any equipment and furnishings, including computers, servers and printers, provided by MDC shall remain the property of MDC. If MDC requires wiring and connections for its computer network, then MDC shall do so at its own cost. If MDC does install its own computer network, then MDC shall coordinate with the Park Manager so that MDC's computer network does not interfere with the City's computer network that may be installed in the Computer Room or in the Community Center. 2.5 Utilities. City shall, at its sole cost and expense, provide air conditioning, heat, water, lights, electric current, sewage, and garbage disposal service to the Community Center, as reasonably necessary during the Community Center's hours of operation. The MDC must abide by the rules, regulations, schedules and practices of the City in the administration of these utility services. The City reserves the right to interrupt, curtail or suspend the provision of any utility service, including but not limited to, heating, ventilating and air conditioning systems and equipment serving the Community Center, when necessary by reason of accident or emergency, 6 or for repairs, alterations or improvements in the judgment of City, as necessary to be made due to difficulty in obtaining supplies or labor or for any other cause beyond the reasonable control of the City. Except in cases of emergency, the City shall give MDC at least three (3) business days notice of any scheduled work that will interrupt these services. The work of such repairs, alterations or improvements shall be prosecuted with reasonable diligence. The City shall in no respect be liable for any failure of the utility companies or governmental authorities to supply utility service to MDC or for any limitation of supply resulting from governmental orders or directives. No diminution or abatement of fees or other charges, nor damages, shall be claimed by MDC by reason of the City's or other individual's interruption, curtailment or suspension of a utility service, nor shall this Agreement or any of MDC's obligations hereunder be affected or reduced thereby. Notwithstanding these terms, the MDC shall not be obligated to provide the Services required under this paragraph if it is precluded from doing so due to the absence of utility services. The City shall provide a telephone extension to the Computer Room. If MDC wishes to utilize a DSL, modem or connect to an outside network, MDC shall do so at its sole cost. 2.6 City's Responsibilities: The City will: (a) provide internal building wiring rack to a common point of demarcation (storage room #118). This common point of demarcation shall include an equipment rack, patch panels for the termination of the wiring and a 4ft x 8ft backboard. (b) be responsible for providing security for the Community Center during and after its hours of operation. (c) maintain the locks to the doors to the Premises that are being used. (d) provide custodial and physical plant maintenance and cleaning of the Premises, including but not limited to, cleaning floors and replacing light bulbs. 7 ARTICLE III TERM 3.1 Agreement Period. The term of the Agreement (the "Term") shall commence on the effective date of this Agreement. The Agreement shall continue thereafter for three (3) years, unless terminated sooner as provided herein. 3.2 Option to Extend. Upon the mutual agreement of the parties hereto, this Agreement may be extended for an additional three (3) year term. Such extension shall be upon the same terms and conditions contained herein (the "Additional Term"), provided that no material default, as defined in the Article 8.1 of this Agreement entitled "Default," shall exist at the time of notice (as described below) or thereafter exists. If MDC elects to extend into the Additional Term, the MDC shall deliver written notice of its intent to the City Manager three (3) months in advance of expiration of the Term, but no earlier than six (6) months prior to the expiration of the Term (the "Option Request"). Upon receipt of the Option Request, the City shall conduct a performance review of MDC's Services and compliance with the provisions of this Agreement. Such review may include, in the City Manager's sole discretion, a review of the MDC's financial records for the previous years of operation. Based upon the findings of the performance review, the City Manager shall determine, in his/her sole discretion, whether it is appropriate for the City to renegotiate and revise the terms of this Agreement for the Additional Term. The City shall notify the MDC within sixty (60) days from receipt of the Option Request of the City's approval or denial of MDC's Option Request. The City's approval in this regard may be withheld in the City Manager's sole discretion. The Term and any Additional Term once exercised shall be collectively referred to as the "Term". ARTICLE IV MDC'S COVENANTS 8 4.1 Basic Services. MDC shall provide the Services that are enumerated in Exhibit D, which may be amended from time to time by MDC, after written approval from the Parks Director. MDC shall utilize the Premises to provide the Permitted Uses. MDC shall ensure that the Premises and all the MDC's activities generated therein, will be available to the teenagers, children, elderly, families and unemployed, but mainly to the at -risk youth residing in the Community. MDC acknowledges its commitment to fund all their Services. MDC agrees to offer the Services free of charge to participants enrolling in the City's recreational programs as long as it has funding for the courses. 4.2 MDC's Duties and Responsibilities. During the Term, MDC, at its sole cost and expense, shall perform and oversee the tasks outlined below related to the provision of itsServices. a) MDC, at its sole cost and expense, shall: i) be responsible for the provision, installation, repair, maintenance and replacement of all equipment necessary for its Services including, but not limited to, computers, server, software including licensing, hardware, any ancillary equipment required to operate its programs, specialized computer tables and chairs, internet access on the computers and printers; ii) provide furnishings for its computers and its equipment, including, but not limited to, computer tables and storage hutches. iii) upon conclusion of its activities, MDC shall be responsible to lock and secure the computers, ensure that the Premises are clear of debris, secure the room, implement adequate supervision and security measures within the Premises at all times during MDC's operations, as reasonably necessary; iv) ensure that all appropriate equipment and lights have been turned off and appropriate doors locked at the closing of operations within the Premises each day as determined by the Park Manager; v) assume all operating costs, except as provided herein, retain all receipts and be responsible for payment of all labor, operating supplies and all other general administration expenses related to the provision of its Services; 9 vi) regularly provide Services in the Computer Room in accordance with the terms of this Agreement and its the Annual Plan; vii) be responsible for compliance of any applicable laws to operate the educational programs and provide Services; viii) provide an Annual Plan as provided in Section 4.6. b) The MDC agrees to comply with all rules and regulations that may be promulgated by the City for the use and operation of the Park, inclusive of the Community Center and the Premises, as the same may be amended from time to time, as necessary by the Parks Director, in his/her sole discretion. c) The MDC shall, at its sole cost and expense, pay all federal, state and local taxes, which may be assessed against its operations, equipment, or merchandise while in or upon the Premises or the Park, if applicable. d) As part of the funding obtained by MDC from HUD, MDC agrees to supply computers and programs consistent with HUD grant requirements. MDC, at its sole cost and expense, shall be responsible for the installation, maintenance of said computers, and software and hardware programs including licensing during the term of this Agreement. MDC shall retain ownership of said computers, software and hardware. MDC agrees to make available to the City the use of the computers, at no cost to the City, during MDC's regular program, operational Service hours (between 9 a.m. and 5:30 p.m.) and the City shall provide its personnel to supervise such use. At a minimum, City shall have two and a half (2 'A) hours use of the computers daily, for the City's programs and services. The City shall be liable for any loss or damage to the MDC's computers during the City's use thereof. 4.3 MDC's Personnel. MDC shall be required to designate a representative and/or staff experienced in the operation and control of the type of operations to be performed hereunder ("Management Representative"), delegated with sufficient authority and responsibility to insure proper use and operation of the Premises in compliance with this Agreement. MDC shall require the its Management Representative to available to City during the term of this Agreement. 10 MDC shall employ, train, pay, supervise and discharge all employees necessary for the operation of its programs. All such persons shall be the employees of MDC and every person performing services in connection with this Agreement, including a subcontractor or employee of MDC, or any agent or employee of the MDC hired by MDC, shall be acting solely on behalf of MDC. The City shall not be liable for their compensation or for the consequences of any act or omission on the part of any of them. 4.4 Promotions of the City and MDC. The MDC acknowledges the benefits afforded to it by the City's providing the Community Center for use of MDC's operations and shall provide recognition of the City of Miami, in a manner reasonably satisfactory to the City, in all its marketing, advertising and promotional materials related to the Services provided at the Property. Likewise, the City acknowledges the benefits afforded to it by the MDC's operations at the Community Center and the City shall provide recognition of the MDC, in a manner reasonably satisfactory to the MDC, in all its marketing, advertising and promotional materials related to the Services provided at the Property. 4.5 Registration for MDC's Services MDC shall create a method for registering persons for its Services. MDC shall have materials available at the Community Center for on -site registration and provide personnel for such purposes. The City shall provide a reasonable amount of tables and chairs in the Community Center for such on -site registration. Persons living in the Community, particularly children, teenagers, the elderly, families, the unemployed and at -risk youth, shall have priority for registering for MDC Services. At a minimum, fifty percent (50%) of the persons enrolled for MDC's Services shall consist of persons living in the Community. 4.6 Annual Plan. Prior to the commencement of this Agreement, and on each June 1st during the Term and any Additional Term hereof, MDC shall prepare and present, in a form acceptable to the Parks Director, the following items for the upcoming Fiscal Year for MDC's operations at the 11 Premises, for the review and approval of the Parks Director (hereinafter collectively referred to as the "Annual Plan"): a) a description of Services; b) a schedule of its Services; c) a description of the general marketing strategy which MDC intends to follow or implement, as the case may be, to optimize the use of the youth of the Community; d) MDC's Course Offering Schedule on a term —by -term basis. e) The names of MDC's Management Representatives and staff providing Services at the Premises. 4.7 Performance Review. MDC shall transmit to the Parks Director in writing, in a format acceptable to the Parks Director, an annual report regarding current activities, number of participants served, participants resident in the Community, and progress of MDC's activities. MDC shall submit these reports to the Parks Director on or before the dates set forth below for the respective periods: Operating Period Report Due Date Jan 1 — June 30 July 1— Dec 31 July 31 Jan 31 MDC shall submit to the Parks Director such reasonable additional reports as may be requested regarding MDC's activities at the Premises by the Parks Director. MDC shall prepare, in writing, in a form acceptable to the Parks Director, any reports or documentation that may be required by Federal, State or local directives. At the request of the Parks Director, MDC shall transmit to the Parks Director written statements of MDC's official policy or specified issues relating to MDC's activities. MDC shall use its best efforts to make such reasonable changes to its programs and operations, in a timely manner, as may be requested by the Parks Director as long as such changes do not materially increase MDC's costs. 12 The City may carry out monitoring and evaluation activities, including visits and observations by the City staff; MDC shall ensure the cooperation of its employees and board members in such efforts Any inconsistent, incomplete or inadequate information either received by the City on an annual basis or obtained through monitoring and evaluation by the City shall constitute a default, if not corrected within sixty (60) days of written notice from the City. 4.8 Program Schedule for the Computer Room As provided in Section 4.2(a)(viii) entitled "MDC's Duties and Responsibilities," and in consideration of its provision of computers for the Computer Room, MDC shall prepare, at its sole cost and expense, and shall submit to the Park Manager, a proposed schedule of the dates and times the MDC intends to use the Computer Room. MDC shall submit its schedule of use for the Computer Room to the Park Manager sixty (60) days in advance of its intended use of the Computer Room. As the City operates an afterschool program in the Park for youth living in the Community and the City would like for such youth to have access to the computers during that time, MDC shall not provide any of its Services in the Computer Room Monday through Friday during the hours of 3:30 p.m. and 6:00 p.m., unless it is providing its Services to youth in the Community. When MDC is not using the Computer Room, the City, at its option, may use the Computer Room for its programs and activities. 4.9 Program Schedule for the Multipurpose Rooms As provided in Section 4.2(a)(viii) entitled "MDC's Duties and Responsibilities" MDC shall prepare, at its sole cost and expense, and shall submit to the Park Manager, a proposed schedule of the dates, times, and particular rooms that MDC intends to use the Multipurpose Room(s). MDC shall submit its schedule of use for the Multipurpose Room(s) to the Park Manager sixty (60) days in advance of its intended use of a Multipurpose Room. Upon receipt of MDC's schedule the Park Manager shall review the schedule and determine whether the schedule conflicts with the other uses of the Multipurpose Room requested, uses of the Park. If there is no conflict with use of the requested Multipurpose Room and /or the other uses of the Park, then MDC shall be able to use the Multipurpose Room requested. 13 The City, members of the Community and other members of the public will have Other Activities in the Multipurpose Rooms. In the event of a conflict between MDC's schedule with the other uses and operations of the Park, the Park Manager shall review the matter and attempt to resolve the same. In the event a compromise cannot be reached, the conflict shall be presented to the Parks Director for a final decision. In the event that MDC does not submit its schedule for use of Multipurpose Rooms sixty (60) days in advance, then MDC may use the Multipurpose Room requested upon availability and in the Parks Director's sole discretion. 4.10 City -Sponsored Events in the Community Center As the City and the public use the Community Center, the City may schedule its own programs and activities in the Community Center. At times, the City may sponsor events that may utilize the entire Community Center or parts of the Community Center, including the multipurpose rooms. In the event that a City -sponsored event is conducted in the rooms previously reserved by MDC, the City shall inform MDC three (3) day(s) in advance, and shall take reasonable measures to relocate MDC programs and activities in another portion of the Community Center. MDC shall cooperate with the City in the relocation of MDC programs and activities. 4.11 Funding Sources for the Construction of the Community Center and MDC's Services a) The City has committed $1,790,000 to the planning, design and construction of the building. The Housing Urban Development (HUD) program under the Hispanic Serving Institutions Assisting Communities programs granted MDC the amount of $288,908. MDC will contribute to the construction of the Community Center the amount of $161,681. MDC shall remit $161,681 to the City upon execution of this Agreement, or earlier upon mutual agreement of the parties in writing. b) MDC will allocate the remaining amount from the Grant Funds towards its Services, furnishings and equipment to implement its educational programs at the Community Center. c) The City acknowledges and agrees that the Grant Funds may only be used for the purposes outlined in the HUD Grant and these funds must be expended in accordance with the 14 HUD Grant terms. Further, the City agrees to provide MDC with any and all HUD required supporting documentation pertaining to the expenditure of HUD Grant Funds and to execute any required documentation necessary for MDC to obtain such funds. If this Agreement is terminated for any reason whatsoever, the City acknowledges and agrees that it must continue to comply with all of the requirements of the HUD Agreement and that the City shall continue it reporting obligations to the College with re: the HUD Agreement since MDC is the Grantee on the HUD Agreement). d) The City must provide copies to MDC of HUD required documentation including but not limited to: (a) any and all environmental reports and/or surveys covering the Park; (b) remediation and clean-up reports; (c) federal, state or local documents, orders or other paperwork pertaining to the environmental status and condition of the Park. e) By virtue of this expenditure of funds or its activities therein, MDC does not obtain any interest in the Property. (f) MDC may obtain additional grant funds to offset the costs of its Services. 4.12 Technical Support in the Computer Room In the event that the computers and/or MDC's other equipment in the Computer Room becomes in need of repair while the City is using MDC's computers in the Computer Room or while neither MDC nor the City is utilizing the Computer Room, but the City has notice of such disrepair, then the City shall notify the Management Representative. MDC shall make repairs to the computer(s) or equipment in a reasonable time to ensure that a minimum of ninety percent (90%) of the computers is operational. ARTICLE V INDEPENDENT PROVIDER AND HOLD HARMLESS PROVISIONS 5.1 Independent Provider. The MDC shall operate and supervise its activities at the Premises, as an independent contractor and not as an employee of the City, for the purpose of providing its Services. MDC may request written consent from the City Manager to use the Premises for other uses, but such 15 use shall not be authorized unless MDC has received the written consent of the City Manager, which consent may be conditioned or withheld in the City Manager's sole discretion. The sale, distribution and/or consumption of alcoholic beverages at the Park are prohibited. Also the use, sale and distribution of illegal substances at the Park are prohibited. MDC acknowledges entering into this Agreement as an independent provider and that MDC shall therefore be responsible for the deposit and payment of any Federal Income Taxes, FICA, unemployment taxes or Federal or local fees or taxes that become due and shall be responsible for the collection and payment of all taxes relating to MDC's Services or obligations pursuant to this Agreement, if applicable. MDC and its employees and agents shall be deemed to be independent contractors, and not agents, employees or representatives of the City and shall not attain rights or benefits under the Civil Service or Pension Ordinances of the City nor any rights generally afforded classified or unclassified employees; further they shall not be entitled to the Florida Workers Compensation benefits as employees of the City. Based on the terms of this section, MDC does not agree to pay a third party's taxes. 5.2 Agency. Nothing herein shall imply or shall be deemed to imply an agency relationship between the City and MDC. 5.3 Indemnification and Hold Harmless. To the extent authorized by law and only within the limitations of Section 768.28, Florida Statutes (2003), as amended, MDC shall indemnify and save the City, its officers, employees, and agents harmless from any and all claims, liability, and causes of action which may arise out of the willful, negligent, or unlawful acts or omissions of MDC, its district board of trustees, employees, or agents, in its operations, activities, or obligations under this Agreement and shall pay all claims and losses of any nature whatsoever in connection therewith, including all costs, judgments, and attorneys fees, which may issue thereon; provided, however, that nothing herein shall be construed to require MDC to indemnify the City against liability resulting from the willful, negligent, or unlawful acts or omissions of the City. This provision shall survive the termination of this Agreement. 16 To the extent authorized by law and only within the limitations of Section 768.28, Florida Statutes (2003) as amended, the City shall indemnify and save MDC, its district board of trustees, officers, employees, and agents harmless from any and all claims, liability, and causes of action which may arise out of the willful, negligent, or unlawful acts or omissions of the City, its officers, its employees, or agents in its operations, activities or obligations under this Agreement and shall pay all claims and losses of any nature whatsoever in connection therewith, including all costs, judgments, and attorneys fees, which may issue thereon; provided, however, that nothing herein shall be construed to require the City to indemnify MDC against liability resulting from the willful, negligent, or unlawful acts of MDC. This provision shall survive the termination of this Agreement. ARTICLE VI CONSIDERATION 6.1 Consideration In consideration for MDC's provision of HUD Grant Funds to be applied toward a portion of the construction of the Community Center, additional equipment and provision of Services, the City will not charge MDC an additional charge for its use of the Premises. ARTICLE VII RIGHT TO CANCELOR TERMINATE 7.1 Cancellation by request of either of the parties without cause. Either party may cancel this Agreement at any time without cause with six (6) month prior written notice to the non -canceling party. In the event this Agreement is cancelled or terminated for any reason whatsoever, the City acknowledges and agrees that any funds received in connection with the HUD Grant shall be expended in accordance with the requirements of the HUD Grant. Further, the City shall continue to provide the College with any reports required by HUD in connection with the funds received from the HUD Grant since the College is the Grantee. This provision shall survive expiration or termination of the Agreement. 17 ARTICLE VIII DEFAULT 8.1 Default. If MDC fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, then MDC shall be in default. The City shall send a notice giving MDC ten (10) days to cure such default(s), unless additional time is provided herein. In the event that MDC does not cure said default(s), and the City Manager does not agree in writing to extend the time for curing such defaults, the City, in addition to all remedies available to it by law, may immediately, upon written notice to MDC, terminate this Agreement. MDC understands and agrees that termination of this Agreement under this section shall not release MDC from any obligation accruing prior to the effective date of termination. Should MDC be unable or unwilling to commence to perform any of its obligations hereunder then, in addition to the foregoing, MDC shall be liable for any damages, but not consequential or incidental damages, committed under law. b) If the City fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, then City shall be in default. The MDC shall send a notice giving the City ten (10) days to cure such default(s). In the event that the City does not cure said default(s), and MDC does not agree in writing to extend the time for curing such defaults, then MDC, in addition to all remedies available to it by law, may immediately, upon written notice tothe City, terminate this Agreement. The City understands and agrees that termination of this Agreement under this section shall not release the City from any obligation accruing prior to the effective date of termination. ARTICLE IX DAMAGE OR LOSS TO MDC'S PROPERTY 9.1 Risk of Loss. Except as otherwise provided in the Agreement, City shall not be liable for injury or damage to the property or merchandise of MDC or the property or merchandise of its employee's, invitees, or patrons occurring in or about the Premises caused by or resulting from 18 anyone or any peril whatsoever which may affect the Premises, including, without limitation, fire, steam, electricity, gas, water, rain which may leak or flow from or into any part of the Premises, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures of the Premises, from hurricane or any act of God, vandalism or theft or any act of negligence of any user of the facilities or occupants of the Premises or any person whomsoever, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the Premises or from other sources. Notwithstanding the terms of this provision, the City shall be responsible for the negligent acts of the City, its employees or agents, subject to the limitations under Section 768.28, Florida Statutes (2003) as amended. 9.2 Notice of Damages or Injuries. MDC shall give City prompt written notice of any damage or injury occurring at the Premises or other areas of the Park during MDC's use of the same. 9.3. Vandalism and Thefts. It shall —MDC's sole responsibility and liability of MDC to insure, repair or replace MDC's damaged or stolen equipment at MDC's expense within a reasonable period of time in order for them to continue to provide the Services contemplated by this Agreement. Notwithstanding the terms of this provision, the City shall be responsible for the negligent acts of the City, its employees or agents, subject to the limitations under Section 768.28, Florida Statutes (2003) as amended. All vandalism shall be reported to the Park Manager immediately upon discovery. 9.4. Theft and Loss Liability. MDC shall assume the risk of loss for any losses or thefts of MDC's property, occurring while MDC, its employees or personal property is located on the Premises. Notwithstanding the terms of this provision, the City shall be responsible for the negligent acts of the City, its employees or agents, subject to the limitations under Section 768.28, Florida Statutes (2002) as amended. 19 ARTICLE X ASSIGNMENT 10.1 Assignment. This Agreement and the rights and obligations of the Parties hereunder shall not be delegated or assigned by MDC. ARTICLE XI INSURANCE 11.1 Insurance. The City operates a self-insurance program under the laws of the State of Florida. In addition, the City currently has in force property insurance covering the City's interest in the Park. Nothing in this agreement shall be construed to require the City, or MDC, to maintain such property insurance or require that such insurance inure to the benefit of MDC. MDC represents that it is self -insured in compliance with Florida Statute 768.28 for actions to recover for injury or loss of property, personal injury or death caused by the negligent or wrongful act or omissions of its officers and employees. MDC shall provide evidence of its self-insurance program acceptable to the City's Risk Management Administrator. ARTICLE XII NOTICE 12.1 Notice. 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 certified mail addressed to the Parties at their respective addresses indicated below or as the same may be changed in writing from time to time. Such notice shall be deemed given on the day on which 20 personally served, or if by certified mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. NOTICE TO THE CITY: City of Miami City Manager 3 500 Pan American Drive Miami, FL 33133 WITH COPY TO: Director Department of Economic Development City of Miami 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 WITH COPY TO: Director Parks & Recreation Department City of Miami 444 SW 2nd Avenue, 8th Floor Miami, FL 33130 WITH COPY TO: City Attorney City of Miami 444 SW 2nd Avenue, Suite 945 Miami, FL 33130 NOTICE TO THE MDC: Miami -Dade College Interamerican Campus 6277 SW 27th Avenue Miami, Fl 33135-2966 Attn: Jose A. Vicente ARTICLE XIII AUDIT AND INSPECTION RIGHTS 13.1 The City may, at reasonable times, and for a period of up to three (3) years following the expiration date of this Agreement, audit, or cause to be audited, those books and records of MDC, which are related to MDC's performance under this Agreement. MDC agrees to maintain all such books and records at its principal place of business for a period of three (3) years after the expiration of this Agreement. The City may, at reasonable times during the term hereof, 21 inspect the Premises, as the City deems reasonably necessary, to determine whether the Services required to be provided under this Agreement conform to the terms hereof, if applicable. ARTICLE XIV AFFIRMATIVE ACTION 14.1 Affirmative Action. MDC shall have in place an Affirmative Action/Equal Employment Opportunity Policy and shall institute a plan for its achievement, which will require that action be taken to provide equal opportunity in hiring and promoting for women, minorities, individuals with disabilities, and veterans. Such plan will include a set of positive measures which will be taken to insure nondiscrimination in the work place as it relates to hiring, firing, training and promotion. In lieu of such a policy/plan, MDC shall submit a Statement of Assurance indicating that its operations are in compliance with all relevant Civil Rights laws and regulations. 14.2 Nondiscrimination. MDC agrees that it will not discriminate against any person based upon race, religion, color, sex, ancestry, age, national origin, disability or marital status, in the use of the Property and improvements thereof. It is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, the City shall have the right to terminate this Agreement. 14.3 Minority And Women Business Affairs and Procurement Program The City of Miami has established a Minority and Women Business Affairs and Procurement Program (the "M/WBE Program") designed to increase the volume of procurement and contracts with Black, Hispanic, and Women -owned businesses. The M/WBE Program is found in Ordinance No. 10062, a copy of which has been delivered to MDC, and receipt of which is hereby acknowledged. MDC understands and agrees that the City shall have the right to terminate and cancel this Agreement, without penalty to the City, and to eliminate MDC from consideration and participation in future contracts if MDC, in the preparation and/or submission of the Proposal, submitted false or misleading information as to its status as a Black, Hispanic 22 and/or Women owned business and/or the quality and/or type of minority or women owned business participation. MDC agrees to provide upon request a sworn statement of compliance with Chapter 18, Article IV of the Code of the City of Miami and to certify that MDC shall not discriminate against any business, employee or applicant for employment because of age, ethnicity, race, creed, color, religion, sex, national origin, handicap or marital status. In the event of MDC's noncompliance with the foregoing the City Manager may suspend, terminate this Agreement, or impose such other sanctions as are appropriate. ARTICLE XV MISCELLANEOUS PROVISIONS 15.1 Force Majeure In the event that MDC or the City shall be delayed, hindered in, or prevented from the performance of any act required hereunder by reason of strikes, lockouts, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, default of the other party, or other reason beyond their control, the prevented party shall provide Notice to the other party, and the performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. 15.2 Applicable Law This Agreement shall be governed by and constructed in accordance with the laws of the State of Florida applicable to agreements made and to be performed entirely within the State. Any venue for any legal proceedings of this Agreement shall be Miami -Dade County. 15.3 Compliance with Laws. The City and MDC shall comply with all applicable federal, state and local laws, regulations, orders, ordinances and codes pertaining to their performance under this Agreement. 23 15.4 Successors. This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives and successors. 15.5 Amendments. City and MDC, by mutual agreement, shall have the right but not the obligation to amend this Agreement. Such Amendments shall be in writing and signed by the authorized representative of both parties. The City Manager is authorized to amend or modify this agreement on behalf of the City without further approval of the City Commission. 15.6 Award of Agreement. MDC warrants that it has not employed or retained any person employed by City to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by City any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. 15.7 Waiver of Jury Trial. The parties hereby knowingly, irrevocable, voluntarily and intentionally waive any right either may have to a trial by jury in respect of any action, proceeding or counterclaim based on this Agreement, or arising out of, under or in connection with this Agreement or any amendment or modification of this Agreement, or any other agreement executed by and between the parties in connection with this Agreement, or any course of conduct, course of dealing, statements (whether verbal or written) or actions of any party hereto, This waiver of jury trial provision is a material inducement for the City and MDC entering into the subject transaction. 15.8 Severability. If any provision of the Agreement, or any paragraph, sentence, clause, phrase, or word, or the application thereof, is held invalid, the remainder of the Agreement shall be construed as if such invalid part were never included herein and the Agreement shall be and remain valid and enforceable to the fullest extent permitted by law. 24 15.9 Waiver. No waiver of any provision hereof shall be deemed to have been made unless such waiver is in writing and signed by City or MDC. The failure of either party to insist upon the strict performance of any of the provisions or conditions of this Agreement shall not be construed as waiving or relinquishing in the future any such covenants or conditions but the same shall continue and remain in full force and effect. 15.10 Restoration of the Property. At the end of the Term and upon the cancellation or termination of this Agreement, MDC shall restore Premises, personal property and fixtures of the City to the same condition in which the Premises was before MDC's use of the Premises, except for normal wear and tear or any destruction of the Premises as a result of force majeure, so that Premises is suitable for its normal use. With exception of the foregoing, MDC shall repair any damage caused to the Premises, Property, personal property or fixtures of the City as a result of the programs conducted at the Premises and shall restore the Property to its original condition, reasonable wear and tear excepted. In the event of cancellation or termination of this Agreement, MDC shall promptly, remove all personal property, fixtures, and equipment from the Property. In the event MDC fails to remove its personal property, equipment and fixtures from the Property within thirty (30) days of the termination date, said property shall be deemed abandoned and thereupon shall become the sole personal property of the City. The City, at its sole discretion and without liability, shall remove the same and MDC shall reimburse the City for all reasonable documented expenses associated with such removal and disposal. 15.11 Captions. The captions contained in this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or prescribe the scope of this Agreement or the intent of any provisions thereof. 25 15.12 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall constitute an original but all of which, when taken together, shall constitute one and the same agreement. ARTICLE XVI ENTIRE AGREEMENT 16.1 Entire Agreement. This Agreement represents the entire Agreement between the City and the MDC with respect to the subject matter hereof, and all prior Agreements between the parties, written or oral, shall be of no further force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. ATTEST: THE CITY OF MIAMI, a municipal corporation of the State of Florida By: By: Priscilla A. Thompson City Clerk Joe Arriola City Manager APPROVED AS TO FORM APPROVED AS TO INSURANCE AND CORRECTNESS REQUIREMENTS By: By: Alejandro Vilarello Dania Carillo, City Attorney Risk Management Administrator 26 WITNESS: The District Board of Trustees of MIAMI DADE COLLEGE By and on behalf of Miami -Dade College By: By: Print Name & Title Print Name & Title By: Print Name & Title 27 EXHIBIT A JOSE MARTI PARK COMMUNITY 28 MI PARKS E 3 ORANGE BOWL STADIUM st'noi i ea ra Niava ffi• i♦ �%� Glp gI74iw S.W. IT ST. PP BRYAN PLAZA DE LA CUBANIDAD ORANGE BOWL STADIUM 7 as 7 ORANGE BOWL PARK HENDERSON ONE 0 ERNESiO LECUONA-MINI ,3�,.r! it :`` `0- IDE Won so fif , fi• �� - -J.� s. - w MI On 5ff NM WR WCIA lCiaij,/�i}f%1i / i% ,di IMF UV}mv11-41:ja 1111:'W ofIN WA Id1imtom+; __Liit ►� �� r"j.J'f5►�if! L' )Yi� NM\s• 1 g .74,1i■rfmi\ri tir_r aQi;%� laIiiii al ' Wit II ilt JOSE' 1314 MARTI i MAXIMO GOMEZ (Domino Ph) • i A. . CUBAN MEMORIAL BLYD ,/ 4l) PARKS AND RECREATION LA PEQUENA HABANA COMMUNITY DEVELOPMENT TARGET AREA 72/i3 0 750 1500 leD curt OF IMAM PLUMING, NEIGHBORHOOD PLANNING SECTIO eNUILDIIM AND ZONING DEPARTMENT 46 EXHIBIT B THE COMPUTER ROOM (SITE PLAN) 29 --_...-...,,t- r....... TNT••,...>R ...... ..•.....,..7•1.1,-- ...-.. .1 I L 0.71 Inn di IA Elkin 1. ..,...��. , 1M'UALVUE36711.L.1111.1‘0111. Iii jfr S \`Y . Ei C 1F 4 .' 41 T 4I�1 i POSE MARTI PARK RECREATION BUILDING M1AMI - FLORIDA FLOOR PLAN SYW8OL '.EGEND and NOTES AR�rs ..,.,� : i»...«w a 16w.r. :..evnoMb .no INIMMI.i El El EXHIBIT C THE PARK 29 co f MASTER PLAN nli '.R• 7f■U� ■•#•iiliuIiu Iur r ' r JOSE MARTI PARK I++ LA PEQUENA HABANA flnMMUNITY DEVELOPMENT TARGFT ARFA •J l 7 r PROPOSED LOCATION RECREATION BUILDING LW. 3/0. AWL «;4:r "c" 5 /95 Q 50 100 150 CITY OF MIAMI PLANNING, BUILDING AND ZONING f7Fo OTuckyr EXHIBIT D THE SERVICES 30 JOSE MARTI PARK ACTIVITIES SCHOOL OF COMMUNITY EDUCATION INTERAMERICAN CAMPUS ACTIVITIES Instruction may be provided in the following categories: ADULT BASIC EDUCATION (ABE) Classes to raise the basic skills levels of participants in language, mathematics and reading. HIGH SCHOOL EQUIVALENCY: Classes to prepare students for the test of General Education Development (GED), ENGLISH LANGUAE Vocational English as a Second language (VESOL) classes may be offered to limited English proficient individuals so they may have a better opportunity to incorporate themselves into the work force. VOCATIONAL PREPARATION INSTRUCTION (VPI) Assistance may be provided to college vocational students so as to improve their language, mathematics and reading skills. CITIZENSHIP Classes in the areas of history and government to assist in the acculturation of immigrants to a new life in the United States. WORKFORCE READINESS: Classes to facilitate the incorporation of participants into the labor pool. GENERAL INTEREST TOPICS There are several activities that could be delivered to foster a better quality of life. Examples of such activities are workshops to: A. Learn about educational programs at Miami Dade College. B. Learn about programs that could assist in obtaining financial aid to pursue their educational goals. C. Raise consumer awareness level in financial matters (credit, banking services, purchasing a home, etc.). D. Assist in the preparation of income tax returns. FACILITIES In order to deliver the above mentioned educational programs there will be a need for at least three dedicated rooms in which to schedule the programs' activities. The space accommodations required are: Electronic classroom (one) This space will be utilized for direct instructional activities for the GED program as well as to provide instructional support to students in the other programs being offered (VESOL, Pre GED, and ABE). The room should accommodate twenty or more stations. General purpose classrooms (two- three) A minimum of two rooms that can accommodate at least twenty-five students will be required for delivery of program related instruction. One of the classrooms may be dedicated to the VESOL program. The second one may be utilized in the ABE and Pre GED program activities. A third room may be necessary to schedule the general purpose workshops to improve quality of life. ENROLLMENT PROJECTIONS Current regulations regarding the interlocal agreement between the City of Miami and Miami -Dade College (MDC) impact the number and type of activities that can be offered at Jose Marti Park. Should at any time the City of Miami be willing to permit MDC to use the facility for the delivery of courses for which a fee can be charged, the enrollment projections would more than likely increase. It is estimated that approximately 567 individuals will participate in the educational activities being offered by the InterAmerican Campus at Jose Marti Park during the 2003-2004 academic year. The breakdown by program is: ABE Program: GED Program: VESOL Program: General Workshop: Citizenship Program: 10 students per term 10 students per term 48 students per term 20 students per term 48 Students per term Vocational Preparation Instruction: 5 Students per term Workforce Readiness: 48 students per term total of 30 per year. total of 30 per year. total of 144 per year. total of 60 per year. total of 144 per year. total of 15 per year total of 144 per year. SCHEDULE OF CLASSES It is anticipated that classes may be scheduled as follows: Beginning of September to mid December (fall term) Early January to late April (spring term) Mid May to late July (summer term) EXHIBIT E HUD GRANT 31 kssis.an:.e Award/Amend nt U.S. Department of Housing and Urban Development Office of Administration Ey, r r ff If Assistance Instrument Cooperative Agreement X Grant Instrument Number HSIAC-01-FL-14 14. Amendment Number Name and Address of Recipient MIAMI--DADE COMMUNITY COLLEGE/INTERAMERICAN CAMPUS 627 SW 27TH AVENUE MIAMI, FL 33135 TIN: 59-1210485 ). Recipient Project Manager MS. LOURDES OROZA 305-237-6153 L. Assistance Arrangement n Cost Reimbursement Cost Sharing Fixed Price s. Assistance Amount Previous HUD Amount HUD Amount this action Total HUD Amount Recipient Amount Total Instrument Amount I. Description HE PURPOSE OF THIS AMENDMENT IS TO CHANGE THE ADMINISTRATOR IN BLOCK 8A FROM PATRICK J. TEWEY TO ARMAND J. CARRIERE. IL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. 2. Type of Action Award X 5. Effective Date of this Action 3/15/03 Amendment 6. Control Number 8. HUD Administering Office Ofc of Policy Development & Research - Div of Budget , Contracts and Program Control • 451 7th St., SW, Room 8230 Washington, DC 20410 ATTN: Dorothy E. Faison X5840 8a. Name of Administrator ARMAND W. CARRIERE 12. Payment Method Treasury Check Reimbursement Advance Check X Automated Clearinghouse 46b. Telephone Number 202-708-3061 9. HUD Government Technical Representative OPHELIA WILSON 202-708-3061 EXT, 4390 13. HUD Payment Office LOCCS-VRS 15. HUD Accounting and Appropriation Data $ $ $ 288,908.00 0 288,908.00 1.790.000.00 2,078,908.00 15a. Appropriation Number 15b. Reservation Number 860/20162 026-02 CPC Amount Previously Obligated Obligation by this action Total Obligation Recipient is required to sign and return three (3) copies of this document to the HUD Administering Office Recipient (By Name) ynature & Title $ 288.908.00 0 288,908.00 Se. X ; Recipient is not required to sign this document. Date (mmlddlyyyy) 20- HUD (By Name) CHRISTOPHER D. LORD Signature & Title�� CY DEVELOPMENT Date (rnmlddlyYYY) 3//1/0 form HUD-1044 (8/90) re` Handbooh2210. t 7 e'Jious editions are obsolete. MIAMI-DADE COMMUNITY COLLEGE INTERAMERICAN CAMPUS DEAN OF ADMINISTRATIVE AND STUDENT SERVICES February 1 I , 2002 MEMORANDUM TO: Dr. Lourdes Oro FROM: Cristina Matecr`44 SUBJECT: HUD GRANT Enclosed is the executed copy of the HUD Assistance Award/Amendment package which identifies the requirements and conditions that M-DCC must meet in performing work under this Grant Agreement. We are now in the process of setting up the account and the budget for this year. I will be drafting an agreement with the City of Miami for the construction portion of the grant. As you know, there are funds available for you to hire a, art -time coordinator as well as part-time tutors or paraprofessionals (see budget page). The timeline for completion of the building is December of 2002. Please project whether or not you need to roll over or request a budget amendment of funds from year I to year 2. If you have any questions, please let me know. mos IA Miami -Dade COMMUNITY C_O__LIEGE February 11, 2002 Mr. Patrick J. Tewey, Director Division of Budget, Contracts, and Program Control Offi of Policy Development and Research H , 451 7th Street, S.W., Room 8230 Washington, DC 20410 Attention: Dorothy E. Fiason Dear Mr. Tewey: Enclosed you will find the four executed Assistance Award/Amendment forms and a copy of a previous Direct Deposit Sign -Up Form with the U.S. Department of Housing and Urban Development. Please expect by the end of next week the completed HUD- 27054 — LOCCS — Line of Credit Control System form from Mr. Joe Tang, Special Accounts Department with M-DCC. If you need any additional information, please feel free to contact us. Sincrely, ,/ Maria Cristina Mateo Dean of Administrative and Student Services Mos Cc: Dr. Lourdes Oroza ✓ Mr. Joe Tang U. 3partment of Housing and Urban Develop' Washington, D.C. 20410-6000 March 5, 2002 OFFICE OF THE ASSISTANT SECRETARY FOR POLICY DEVELOPMENT AND RESEARCH Pici* Ms. Maria Cristina Mateo Dean of Administrative and Student Services Miami -Dade Community College InterAmerican Campus 6277 S. W. 27th Avenue Miami, FL 33135-2966 0),4, coU7 6ytt.'111> Dear Ms, Mateo: Enclosed is one (1) fully executed copy of the two year Grant Agreement No. HSIAC-01-FL-14; awarded under the Hispanic - Serving Institutions Assisting Communities Program (HSIAC). Singerely, atrick J Tewey irector Budget, Contracts and Program Control Division Enclosure Assistance Award/Amei ..,Went U.S. Department of Housing and Urban Development Office of Administration 1. Assistance Instrument Cooperative Agreement FT I Grant 2. Type of Action X Award I Amendment 3. Instrument Number HSIAC-01-FL-14 4. Amendment Number 5. Effective Date of this Action OCT , 5 �;-,ji 6, Control Number 7. Name and Address of Recipient MIAMI-DADE COMMUNITY COLLEGE/INTERAMERICAN CAMPUS 627 SW 27TH AVENUE MIAMI, FL 33135 TIN: 59-1210485 8. HUD Administering Office Ofc of Policy Development & Research - Div of Budget , Contracts and Program Control - 451 7th St., SW, Room 8230 Washington, DC 20410 ATf'N: Dorothy E. Faison X5840 8a. Name of Administrator Patrick J. Tewey 8b. Telephone Number 202-708-1796 10. Recipient Project Manager Ms. LOURDES OROZA 305-237-6153 9. HUD Government Technical Representative •OPHELIA WILSON 202-708-3061 EXT. 4390 11. Assistance Arrangement Cost Reimbursement Cost Sharing Fixed Price 12. Payment I I Method I Treasury Check Reimbursement Advance Check Automated Clearinghouse 13. HUD Payment Office LOCCS-VRS 14. Assistance Amount Previous HUD Amount $ 15. HUD Accounting and Appropriation Data 15a. Appropriation Number 860/20162 15b. Reservation Number 026.02 CPC HUD Amount this action $ 288.908.00 Total HUD Amount $ 288,908.00 Amount Previously Obligated $ Recipient Amount $ 1.790.000.00 Obligation by this action $ 288_908.0 Total Instrument Amount $ 2,078,908.00 Total Obligation $ 268,908.0 16. Description TWO YEAR GRANT AGREEMENT AWARDED UNDER THE HISPANIC -SERVING INSTITUTIONS ASSISTING COMMUNITIES PROGRAM(HSIAC) THIS COOPERATIVE AGREEMENT CONSIST OF THE FOLLOWING WHICH IS INCORPORATED HEREIN AND MADE A PART HEREOF: 1. COVER SHEET (HUD 1044 ASSISTANCE AWARD) 2. SCHEDULE OF AGREEMENT ARTICLES 3. APPROVED BUDGET 4. PROJECT MANAGEMENT WORK PLAN (RECIPIENT'S APPLICATION 15 INCORPORATED BY REFERENCE) ORDER OF PRECEDENCE: IN THE EVENT OF ANY INCONSISTENCY AMONG ANY PROVISIONS OF THIS COOPERATIVE AGREEMENT, THE FOLLOWING ORDER OF PRECEDENCE SHALL APPLY:(A) STATEMENT OF WORK; (B) SCHEDULE OF TERMS AND CONDITIONS AND (C) OTHER PROVISIONS OF THIS AGTEEMENT WHETHER INCORPORATED BY REFERENCE OR OTHERWISE. THE CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER FOR THIS PROGRAM IS: 14.514 EXPIRATION DATE: OCTOBER 5, 2003 17. r X II Recipient is required to sign and return three (3) copies of this document to the HUD Administering Office 18. Recipient is not required to sign this document. 19 ?tic;; :.'nt (By Name) sac ..,;;t '.ricente S;a - . '• . I Date (mrn/dd/yyyy) PresiOel,t :' t.r, 0) 20. HUD (By N , ) Lawreve.! Tho General Deputy A/S for PD&R Tide Date (mmlddfyyy-; ) I form HU W1044 (8/9( Previous editions are obsolete, ref. Handbook 2210.1 HISPANIC SERVING -INSTITUTION ASSISTING COMMUNITIES PROGRAM TABLE OF CONTENTS HUD'S RIGHT TO AUDIT AND DISALLOW OR RECOVER EXPENDITURES 9 INCURRENCE OF COSTS 9 INDIRECT COSTS 9 INSPECTION AND ACCEPTANCE 9 KEY PERSONNEL 10 LIMITATION ON PAYMENTS TO CONSULTANTS 10 OTHER PROGRAM REQUIREMENTS 10 PATENT RIGHTS (SMALL BUSINESS FIRMS AND NON -PROFITS) 11 PAYMENTS 11 PERIOD OF PERFORMANCE 12 PROGRAM INCOME 12 PROPOSED ADDITIONAL EFFORT 12 PUBLICATIONS AND NEWS RELEASES 12 REPORTING REQUIREMENTS 13 REPRODUCTION OF REPORTS 18 SCOPE OF WORK 18 HSIAC REVIEW PROCESS 18 ATTACHMENT 1 (FINANCIAL STATUS REPORT) 19 ATTACHMENT 2 (CLOSEOUT CERTIFICATION) 21 ATTACHMENT 3 (PROPERTY STATEMENT) 23 ATTACHMENT 4 (INVENTIONS, PATENTS, AND COPYRIGHTS STATEMENT) 26 ATTACHMENT 5 (LIST OF RECORDS TO BE MAINTAINED) 27 ATTACHMENT 6 (INSTRUCTIONS FOR REQUESTING AND RECEIVING PAYMENTS) 29 ATTACHMENT 7 (DIRECT DEPOSIT SIGN UP FORM) 31 ATTACHMENT 8 (LOCCS VOICE RESPONSE SYSTEM) 33 ATTACHMENT 9 (LOCCS VRS REQUEST VOUCHER FOR GRANT PAYMENT) 35 H:1RB\HSIAC2001TERMS&CONDITIONS ALLOWABLE COST 2 AMENDMENTS 2 AMOUNT OF COST SHARE 3 APPLICABLE PROGRAM REQUIREMENTS 3 AUDIT REQUIREMENTS 4 BUDGET 4 CERTIFICATIONS AND ASSURANCES 4 CERTIFICATION REGARDING PARTIES EXCLUDED FROM PROCUREMENT 4 COLLECTION OF DATA 5 CONDUCT OF WORK 6 COPYRIGHTS 6 CORRECTIVE,REMEDIAL, AND ENFORCEMENT ACTIONS 6 DEFINITIONS 7 DELIVERABLE PRODUCTS 8 ELIGIBLE ACTIVITIES 8 ENVIROMENTAL REVIEW 8 FLOW DOWN PROVISIONS 8 HISPANIC SERVING -INSTITUTION ASSISTING COMMUNITIES PROGRAM TABLE OF CONTENTS ALLOWABLE COST 2 AMENDMENTS 2 AMOUNT OF COST SHARE 3 APPLICABLE PROGRAM REQUIREMENTS 3 AUDIT REQUIREMENTS 4 BUDGET 4 CERTIFICATIONS AND ASSURANCES 4 CERTIFICATION REGARDING PARTIES EXCLUDED FROM PROCUREMENT 4 COLLECTION OF DATA 5 CONDUCT OF WORK 6 COPYRIGHTS 6 CORRECTIVE,REMEDIAL, AND ENFORCEMENT ACTIONS 6 DEFINITIONS 7 DELIVERABLE PRODUCTS 8 ELIGIBLE ACTIVITIES 8 ENVIROMENTAL REVIEW 8 FLOW DOWN PROVISIONS 8 HUD'S RIGHT TO AUDIT AND DISALLOW OR RECOVER EXPENDITURES 9 INCURRENCE OF COSTS 9 INDIRECT COSTS 9 INSPECTION AND ACCEPTANCE 9 KEY PERSONNEL 10 LIMITATION ON PAYMENTS TO CONSULTANTS 10 OTHER PROGRAM REQUIREMENTS 10 PATENT RIGHTS (SMALL BUSINESS FIRMS AND NON -PROFITS) 11 PAYMENTS 11 PERIOD OF PERFORMANCE 12 PROGRAM INCOME 12 PROPOSED ADDITIONAL EFFORT 12 PUBLICATIONS AND NEWS RELEASES 12 REPORTING REQUIREMENTS 13 REPRODUCTION OF REPORTS 18 SCOPE OF WORK 18 HSIAC REVIEW PROCESS 18 ATTACHMENT 1 (FINANCIAL STATUS REPORT) 19 ATTACHMENT 2 (CLOSEOUT CERTIFICATION) 21 ATTACHMENT 3 (PROPERTY STATEMENT) 23 ATTACHMENT 4 (INVENTIONS, PATENTS, AND COPYRIGHTS STATEMENT) 26 ATTACHMENT 5 (LIST OF RECORDS TO BE MAINTAINED) 27 ATTACHMENT 6 (INSTRUCTIONS FOR REQUESTING AND RECEIVING PAYMENTS) 29 ATTACHMENT 7 (DIRECT DEPOSIT SIGN UP FORM) 31 ATTACHMENT 8 (LOCCS VOICE RESPONSE SYSTEM) 33 ATTACHMENT 9 (LOCCS VRS REQUEST VOUCHER FOR GRANT PAYMENT) 35 HISPANIC SERVING -INSTITUTION ASSISTING COMMUNITIES PROGRAM GRANT AGREEMENT PROVISIONS (Revised November 2001) These Grant Agreement Provisions identify the requirements and conditions that the grantee must meet in performing work under this Grant Agreement. All grantees must comply with the requirements and conditions established in these Provisions. ALLOWABLE COST HUD shall reimburse the grantee for costs incurred (hereinafter referred to as "allowable costs") in the performance of this award which are determined by the Grant Agreement Officer to be allowable, allocable and reasonable in accordance with the cost principles* listed below. The grantee will not be reimbursed for more than the amount specified in box #15 on the HUD 1044 (Assistance Award/Amendment). In the event the grantee exceeds this amount, the costs shall be borne entirely by the grantee. (1) For Educational Institutions: OMB Circular A-21. (2) For State and Local Governments and Federally Recognized Indian Tribal Governments: OMB Circular A-87. (3) For other nonprofit organizations: OMB Circular A-122. (4) For all other grantees: Federal Acquisition Regulation, Subpart 31.2. * The revised versions of these documents shall govern and are hereby incorporated into this award document. AMENDMENTS Administrative changes may be issued unilaterally by the Grant Agreement Officer. Administrative changes include such matters as changes in appropriation data, changes in format requirements of grantee progress or financial reports, and changes in requirements with respect to photocopying, mailing or otherwise submitting progress reports. Additionally, this grant agreement may be modified at any time by written amendment. Except with regard to administrative changes, amendments which substantively modify the rights and/or obligations of either party shall be executed by both HUD (Grant Agreement Officer) and the grantee. Grantees seeking an amendment to the grant agreement, including any modification of activities or budget, should submit their request in writing to the Government Technical Representative. The request should contain the following: • a copy of the pages of the work plan or budget that would be amended, with the proposed new language/dollar amounts redlined or highlighted and the existing language/dollar amounts stricken out as appropriate; • a copy of the replacement pages of the work plan or budget in the form they would appear after amendment; and • a letter explaining the proposed changes and the justification for those proposed changes. AMOUNT OF COST SHARE The grant agreement will stipulate the amount of the cost share on the HUD-1044 (Assistance Award/Amendment). The grantee is not obligated to contribute more than the amount stipulated. However, in the event that the grantee incurs costs in excess of the estimated amount of the award agreement, all excess costs shall be borne entirely by the grantee. APPLICABLE PROGRAM REQUIREMENTS The grantee shall be responsible for ensuring that the grant is carried out in accordance with all applicable program requirements, including the following: (a) 24 CFR 570.400, describing general rules applicable to Section 107, Cnan4 al Ai�rrnc r-rY,^te end Cul- Mrtz A,f T V .nYi 0 yf 570 as applicable; and 21 (—F P-rt (b) The requirements of the May 11, 2001 Notice of Funding Availability pursuant to which this award was made, which is hereby incorporated as part of this agreement. (c) Uniform Administrative Requirements of the following applicable documents, as they may be amended from time to time: (1) For Institutions of Higher Education, Hospitals and other nonprofit organizations: 24 CFR Part 84; (2) For State and Local Governments and Federally Recognized Indian Tribal Governments: 24 CFR Part 85; For all other grantees: Federal Acquisition Regulation. 3 AUDIT REQUIREMENTS Recipients and subrecipients that are units of state and local governments, institutions of Higher Education, Hospitals and other non-profit organizations must meet the audit requirements of OMB Circular A-133. Nonprofit institutions receiving combined receipts of federal financial assistance totaling less than $25,000 shall be exempt from Federal audit requirements, but records must be available for review by appropriate officials of HUD or the subgranting entity. BUDGET All costs incurred by the grantee must be in conformance with the Budget Summary and the budget -by -task amounts shown in the Project Management Work Plan, as amended, approved and incorporated into this award document. Transfer of funds among or within program functional categories must be approved by the GTR when the amount to be transferred exceeds 10% of the effected budget category. Upon approval of the proposed changes, the Grant Agreement Officer will issue an award amendment. The grantee may not commingle any funds committed under this award with any other existing or future operating accounts held by the grantee. CERTIFICATIONS AND ASSURANCES The grantee is required to adhere to the certifications and assurances submitted in fulfillment of the application requirements. The certifications and assurances submitted in grantee's application, as amended, are hereby incorporated into this award document. Failure to adhere to these certifications and assurances shall he a violation of the terms of this agreement. The certifications and assurances referenced are: SF-424B or 424D-Assurances; Drug Free Workplace Certification (HUD- 50070); Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (HUD-50071); Applicant Disclosures (Form HUD 2880) and Certficate Regarding Disbarment and Disclosure of Lobbying Activities (SF-LLL). CERTIFICATION REGARDING PARTIES EXCLUDED FROM PROCUREMENT By signing this agreement, grantee certifies that its organization and employees assigned to this award (including consultants and sub -contractors) are not included on the General Services Administration's (GSA) "List of Parties Excluded from Federal Procurement or Nonprocurement Programs" and that grantee agrees to notify HUD if any change in this status occurs during the period of performance. 4 By signing this agreement, grantee also certifies that before awarding any subcontracts or sub -awards, it will ensure that the subcontractor or subrecipient is not included on the GSA's "List of Parties Excluded From Federal Procurement or Nonprocurement Programs". If a subcontractor or subrecipient is on the GSA's published list they are ineligible for assistance and grantee is restricted from awarding them a contract or subgrant. Copies of the GSA published list can be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. COLLECTION OF DATA Collection of data from ten or more respondents and sponsored by HUD shall be subject to the Federal Reports Act (44 U.S.C. 3509) and to the review of data collection instruments by OMB. If a survey instrument is proposed, its survey questions are subject to OMB review and approval. Such review and approval must be obtained prior to the use of the survey instrument. Also a time element is involved which may considerably lengthen the time required for completion of the approved work activities. The collection of data is deemed to be sponsored by HUD under the following conditions: (1) The grantee represents to respondents that the information is being collected for or in association with HUD (this condition is not intended to preclude mention of Federal support in response to an inquiry, or an acknowledgment of Federal assistance in any publication or report on the data; or (2) The grantee uses the collection activities to collect information that HUD has requested fnr the planning, nneratinn; or eva.luat_ion of its program; or (3) The terms and conditions of the award provide for approval by HUD of the survey design questionnaire content or data collection procedure; or (4) The terms and conditions of the award provide for either submission to HUD of the data for individual respondents or the preparation of tabulations or submission of tabulations requested by HUD. Collection of data under circumstances other than the four conditions given is not a sponsored collection and is not subject to the Federal Reports Act or OMB review. 5 CONDUCT OF WORK (1) During the effective period of this award the Government Technical Representative (GTR), either with or without the assistance of one or more Government Technical Monitors (GTMs), shall be responsible for monitoring the technical effort of the grantee. The GTR and any GTM(s) are identified in Box 9 on the cover page of this award document (HUD-1044). The Grant Agreement Officer will notify the grantee .in writing of any changes in the designation of the GTR or GTM(s). (2) Only the Grant Agreement Officer has the authority to authorize deviations in the approved Project Management Work Plan. In the event that the grantee deviates from the Project Management Work Plan or any other item in the award document, such deviation shall be at the grantee's own risk. Any costs related to unauthorized work shall be borne by the grantee. (3) If there are funds available in this award and the grantee wishes to expand the effort under this award, grantee must follow the procedures in these provisions entitled "Proposed Additional Effort." COPYRIGHTS The recipient may copyright any work that is subject to copyright and was developed, or for which ownership was purchased, under the award. HUD reserves a royalty -free, nonexclusive, and irrevocable right to reproduce, publish or otherwise use the work for Federal purposes, and to authorize others to do so. rnl?RPrT'TVR _ R.FF.MRr TAT.. Nn P.NFORrP.M7NT ArTTnNg HUD may take such corrective and remedial actions as are authorized by applicable regulations, including activities authorized to prevent or mitigate a violation of program requirements. Such actions may include, among other actions, informal consultation with the grantee prior to approving the draw down of funds. If HUD finds, after reasonable notice and opportunity for hearing, that a recipient has failed to comply substantially with any provisions of Title I of the Housing and Community Development Act of 1974, as amended, ("the Act") the recipient shall be subject to actions authorized by Section 111 of the Act. 6 DEFINITIONS For purposes of this agreement, the following definitions shall apply: (1) The term "Grant Agreement Officer" means the official authorized by HUD to execute and/or administer the grant. The Grant Agreement Officer is identified in Block 8a of HUD-1044. (2) The term "Government Technical Representative (GTR)" means the HUD individual who is responsible for the technical administration of the grant, the evaluation of performance under the grant, the acceptance of technical reports or projects, and other specific responsibilities that may be stipulated in the grant agreement. The GTR is identified in Block 9 of the HUD- 1044. (3) The term "Government Technical Monitor (GTM)" means the HUD individual who is responsible for providing the GTR with technical expertise and advice governing aspects and requirements of the Project Management Work Plan, grantee performance and the technical acceptability of the product or services. One or more GTMs may be appointed and may be located at Headquarters and/or HUD Field Offices. (4) The term "Project Management Work Plan" refers to the narrative description of tasks and activities to be performed, as approved by HUD, or such other document as HUD specifies as the Project Management Work Plan for the purposes of this award. The Project Management Work Plan is incorporated into and is part of this grant agreement. (5) The term "Publication" includes: (a) Any document rnnt.=ining information Fnr niih1 it rnnaizmntinr;; nr (b) The act of, or any act which may result in, disclosing information to the public. (6) The term "Official Products of Work" includes: (a) All interim and final reports and/or work products; (b) Survey instruments required by the Project Management Work Plan; (c) Other physical materials and products produced directly under the Project Management Work Plan of the grant, e.g., written reports or case studies, training materials, computer products, audio -visuals, etc. 7 DELIVERABLE PRODUCTS The Project Management Work Plan contains specified products or milestone reports that the grantee is required to submit to the GTR during the course of this award. In addition, the grantee is required to submit all reports listed under the Reporting Requirements section of these provisions. These items are considered Official Products of Work and are required in order for the grantee to be in conformance with the requirements of performance. If grantee fails to submit required reports on time, the GTR is authorized to withhold payment of funds until such time es grantee is in conformance with the program requirements. Failure to respond to GTR requests or warnings of non-compliance will be used by HUD to make a determination of non --performance and take action to suspend or terminate the award. ELIGIBLE ACTIVITIES Each activity funded under this grant agreement must be an eligible activity, in accordance with the Notice of Funding Availability pursuant to which this grant was awarded. ENVIROMENTAL REVIEW ,Certain eligible activities are subject to an environmental review. HUD will perform an environmental review of activities proposed for assistance under the program in accordance with 24 CFR Part 50. The results of the review may require your proposed activities be modified or that your proposed activities be rejected. Do not undertake or commit funds for acquisition or development of proposed properties prior to HUD approval of specific properties or areas. Grantees will assist HUD to comply with Part 50 and will supply HUD with all available and relevant infnrmati nn to parfnrm t01a environmental rel'iow fnr each proposed property; will carry out mitigating measures required by HUD or select alternate property; and will not acquire, rehabilitate, convert, lease, repair, or construct property and not commit or expend HUD or local funds for these program activities with respect to any eligible property until HUD approval of the property is received. In supplying HUD with environmental information, you should use the same guidance as provided in the Handbook entitled "Field Environmental Review Processing for HUD Colonies Initiative Grants" issued January 27, 1999. FLOW DOWN PROVISIONS Before disbursing any grant funds to a subrecipient, the grantee shall sign a written agreement with the subrecipient, which agreement must include provisions to carry out the purposes of this award in all contracts with all subgrantees, subcontractors and other persons or organizations participating in any part of the work under this award. Grantee is required to have a further written flow -down of such 8 requirements to each subtier of employees and subcontractors to the extent feasible. HUD'S RIGHT TO AUDIT AND DISALLOW OR RECOVER EXPENDITURES The government reserves the right to seek recovery of any upon expenditures found unallowable under government cost principal applicable to the award or conditions of the grant agreement, based upon the final audit or any other special audits undertaken. Where exceptions are found, the Department of Housing and Urban Development has the right to order a special audit, even if the grantee's auditor or a cognizant agency has already conducted one. INCURRENCE OF COSTS The grantee is allowed to incur eligible, allowable costs beginning the date stipulated in Box #5 on the HUD-1044 (Assistance Award/ Amendment). Any costs incurred prior to that date are not allowable unless specifically authorized in writing by the Grant Agreement Officer. INDIRECT COSTS If the grantee has received a provisional rate, pending establishment of a final rate, reimbursement will be made on the basis of the provisional rate. By accepting this award document, grantee agrees to bill at the provisional indirect cost rate for the entire period of performance of the award agreement. At completion of the grant, adjustments may be made from the provisional rate to the final rate. However, such adjustments must be within the total amount of the award as stated in block #15 of the HUD-1044. T p p' T T nN A t.i r a r rT p pT Nu-' Inspection, review, correction and acceptance of all official Products of Work (see Definitions) of this award shall be the sole responsibility of the Government Technical Representative (GTR). The GTR may receive recommendations from assigned Government Technical Monitors (GTMs) located in the Field or in Headquarters. At all times, final acceptance of all products shall be the responsibility of the GTR. The grantee is required to make any corrections or revisions to official Products of Work that are recommended by the GTR and are required to return a revised copy of the product to the GTR no later than thirty (30) days of receipt of the GTR's comments unless specific timeframes are established in the Project Management Work Plan. Where such timeframes are established they shall take precedence. 9 The GTR's review, correction and acceptance of Official Products of Work shall be limited to the following: (1) corrections of omissions or errors of fact, methodology or analysis; (2) deletion of irrelevant materials; and (3) improvements to style and readability. In the review and acceptance of official Products of Work, the GTR may not require any change in the grantee's stated views or conclusions. Should there be any disagreement between the grantee and the GTR as to any correction, or the methodology or analysis on which any conclusion is based, the GTR may require the grantee to insert a government dissent(s) in an Official Product of Work otherwise found acceptable to the GTR. The grantee is required to return a revised copy of the Official Product of Work containing the dissent(s) that shall satisfy the requirements for acceptance of the Official Product of Work under this clause. Such dissent(s) shall not apply to any independent publication by the grantee or independent products which may arise from the work or findings conducted under this award. KEY PERSONNEL Key personnel specified in the HUD-1044, if any, be essential to the work to be performed under this award. Prrioordtoed to diverting any of the specified individuals to other work, grantee shall notify the Grant Agreement Officer reasonably in advance to permit the Grant Agreement Officer to approve the request. The notification should include a justification for the change in sufficient detail, including proposed substitute personnel, for the Grant Agreement Officer to make an approval determination. LIMITATION ON PAYMENTS TO CONSULTANTS cal art, rtrmranra 1 1 to rnneil tanta i�nrle^ rhic a'.inrr-1 shall maximum daily rate equivalent to that paid to bevel IV of then Executive tho Schedule. This limitation applies onlytoExecutive services in an employer -employee type persons providing consulting ant services provided under anindependent ocontractor f srelationshiptshall be governed instead by the procurement requirements of applicable uniform administrative requirements. OTHER PROGRAM REQUIREMENTS Funds must be spent and grant activities carried out in accordance with the Other Federal requirements specified at 24 CFR §5.105 (or successor regulations implementing the same requirements, should these provisions be amended), as applicable, and other applicable requirements of title 24 of the Code of Federal Regulations. 10 PATENT RIGHTS (SMALL BUSINESS FIRMS AND NONPROFIT ORGANIZATIONS) Patent rights for small business firms and nonprofit organizations are subject to the provisions of 35 U.S.C. 203. A complete copy of the provisions for patent rights for small business firms and nonprofit organizations can be obtained from your Grant Agreement Officer. However, you should be aware that the provision under "Copyrights" above, applies to any invention or work produced under this award. Inquiries regarding this Patent Rights Clause should be in writing and directed to the Grant Agreement Officer. PAYMENTS The grantee shall receive payment through HUD's payment system called the Line of Credit Control System -Voice Response System (LOCCS-VRS). All forms and information required for LOCCS/VRS draw downs must be completed and provided by the grantee. Failure to accept the conditions of the LOCCS/VRS payment system will result in the termination of the grant agreement. The information contained in Attachments 6-9 describes how a Line of Credit (LOC) is established and how to use the LOCCS-VRS when requesting program funds. Failure to comply with the requirements established in the award and these provisions including failure to submit reports on time and in accordance with the requirements contained in these provisions will result in the GTR taking action to limit grantee's access to program funds. Actions by the GTR include, but a.re not limited to, requiring the submission of reports and financial statements to the GTR for approval prior to drawing down any funds; and/or suspending or terminating the agreement for non-performance. Hun will withhold Sri 000 for the fi nil navment of the grant The final $5,000 payment will be released to the grantee, once the Narrative Final Report and the close-out requirements have been submitted, reviewed and approved by the HUD. Payment methods shall minimize the time elapsing between the transfer of funds and disbursement of the funds by the grantee or their subgrantee, in accordance with applicable uniform administrative rules for Federal grants and cooperative agreements and subawards. Such rules are codified at 24 CFR Part 84 and 24 CFR Part 85.* • The revised versions of these documents shall govern and are hereby incorporated into this award document. 11 PERIOD OF PERFORMANCE The HSIAC grants have a two year term. The grantee shall carry out all activities stipulated in the Project Management Work Plan and in this award agreement within the time period stipulated in block #5 (effective date) of the HUD-1044 and block 16 (description) which notes the expiration date for the grant. HUD will review extension requests based upon written request from the grantee. If the extension is granted, an amendment will be issued by HUD. PROGRAM INCOME Any program income derived as a result of this award shall be added to funds committed under your award to further activities eligible for assistance under this award. If not contained in the Project Management Work Plan or under Special Conditions, then prior to utilization of program income, the parties shall mutually agree by written amendment on the use of program income. Program income must be reported on the Financial Status Report (from 269a) The preparation and submission requirements of the Financial Status Report can be found in the Reporting Requirements section. PROPOSED ADDITIONAL EFFORT If grantee proposes to expand the effort under this award, a cost and technical proposal signed by the Chief Executive Officer of the grantee organization or such official of the organization with the authority to legally bind the grantee, shall be submitted to the Grant Agreement Officer at least sixty (60) days in advance of the target date of completion of this award for his/her approval. Any work done by the grantee prior to the Grant Agreement Officers' approval shall be at grantee's own ri clr Thic rarriii ramant al an mppl ie t-V an proposal mare by grantee to use unexpended funds to expand the original effort. PUBLICATIONS AND NEWS RELEASES (1) The results of work conducted under grantee's award are planned to be made available to the public. (2) All interim and final reports produced directly under this award are considered Official Products of Work, owned by the Government and held for the benefit of the public. (3) The Grantee reserves on behalf of Grantee employees and/or students the right to disseminate information or to publish any material resulting from any research or work conducted under this award. 12 (4) All Official Products of Work, or any part thereof, arising from this award, when published by the grantee, or other participants in the work, shall contain the following acknowledgment and disclaimer: "The work that provided the basis for this publication was supported by funding under an award with the U.S. Department of Housing and Urban Development. The author and publisher are solely responsible for the accuracy of the statements and interpretations contained in this publication. Such interpretations do not necessarily reflect the views of the Government." (5) Copies of all press releases, formal announcements, and other planned, written issuances containing news or information concerning work products or activities of this award that may be made by the grantee or its staff, or any subcontractor or other person or organization participating in the work of the award shall be provided to the GTR prior to the planned release. News releases and other public announcements may not disclose any interim finding or quote or paraphrase any part of any Official Product of Work without complying with the disclosure statement requirements of the paragraph above. REPORTING REQUIREMENTS •Facsimile transmission of reports is prohibited absent express authorization from the GTR or Grant Agreement Officer. For each reporting requirement listed below, one complete original report shall be submitted to the GTR, and a copy of the complete report shall be submitted to the Senior Community Builder/Coordinator of the appropriate local HUD office and the Director of Community Planning and Development of the epprcpria.te local nffira, When submitting Semiannual Progress Reports, the grantee shall also submit to the GTR one additional copy of the one- to two -page synthesis described below in paragraph (2)(a) of this section. The grant agreement number must appear on all correspondence with HUD. Failure to submit timely reports in their complete form to the appropriate parties may cause payments to be withheld. (1) Project Management Work System Grantee is required to use the HUD project management work system specified in these provisions. This system requires the submission of semi-annual reports showing actual progress against the approved Project Management Work Plan, and a semi-annual Financial Status Report (SF-269A), as well as a Final Report. In certain circumstances discussed below, supplemental interim reports (in addition to the semi-annual reports) are required. The grant agreement number must appear on all correspondence with HUD. 13