HomeMy WebLinkAboutPre-AgreementAMENDMENT ##3
This Amendment 'to the Agreement between the City of Miami, a municipal
corporation of the State of Florida ("CITY"), and Camara de Comercio Latina de los
Estados Unidos (CAMACOL) ("SUB-RECIPIE T"), dated December 1, 2009 (the
"Agreement"), is entered into this & ay of 0(p ,-41r, 2011.
RECITAL
'WHEREAS, the CITY and Sub -recipient have heretofore entered into the
Agreement which sets forth the tenns and conditions pursuant to which the CITY
provided SUB -RECIPIENT the sum of Two Hundred Fifty Thousand dollars
($250,000.00) in Community Development Block Grant ("CDBG") funds to carry -out
Economic Development activities — Commercial Facade Treatment/Code Enforcement as
authorized by the CITY Commission through Resolution No. R-09-0295;
WHEREAS, Resolution No. 09-0541, passed and adopted by the City of Miami
Commission on December 10, 2009, allocated an additional sixteen thousand dollars
($16,000.00) in CDBG funds to continue to carry -out Economic Development activities —
Commercial Facade Treatment/Code Enforcement; and
WHEREAS, Resolution No. 09-0570, passed and adopted by the City of Miami
Conunission on December 17, 2009, amended the Agreement for Economic
Development activities — Conunercial Facade Treatment/Code Enforcement; and
WHEREAS, Resolution No. 10-0509, passed and adopted by the City of Miami
Commission on November 18, 2010, allocating an additional one hundred forty thousand
three hundred and forty-five dollars ($140,345.00) in CDBG funds to pay for hard costs
associated with Commercial Facade projects that are completed in District 4 and
extending the term to December 31, 2010.
WHEREAS, pursuant to Resolution No. R-11-0286, adopted July 14, 2011, the
Miami City Commission authorized the extension of the Agreement from December 31,
2010 to March 30, 2012, for economic development activities associated with the
commercial facade projects located in District 3.
WHEREAS, CAMACOL has an amount of $230,945.01 left on the contract at
the end of the 2009-2010 program year for District 3.
WHEREAS, all the funds are subject to the -same terms and conditions contained
in the Agreement;
-NOW,. THEREFORE, -in consideration of the foregoing, the CITY and SUB -
RECIPIENT hereby agree to amend the Agreement as follows:
1. Exhibit B - WORK PROGRAM is replaced with the revised EXHIBIT B attached
to this amendment.
2. Exhibit C-- Compensation and Budget Summary of the Agreement is amended to
the new •Exhibit C attached..to-this Amendment.
3. SECTION 3.2 OF THE AGREEMENT EFFECTIVE DATE AND TERM
a. Effective Date of this Agreement shall be the latter of December 31, 2010 or
the date that the City Clerk attests the signature of the City Manager through
March 30, 2012.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
by their respective officials thereunto duly authorized on the date above written.
ATTEST:
ATTEST:
il
Priscilla A. Thol
City Clerk
pson , L)"ate
- (/
APPROVED TO
INSURANCER EQUIREMENTS:
/
His Calvin
Director Risk /Ian:gement
II
ate
Sub -recipient
Camara de Comercio Latina de los Estados Unidos
(CAMACOL)
1401 W. Flagler St
Miami, Florida 33135
a Florida not for profit corporation
By:
Na
Title:
7
O 6). 6lJl e.x,"5,2 Date
CITY OF MIAMI, a municipal Corporation
of the State of Florida
Jo
Ci
y Martine
Manager
Date
APPROVED AS TO FORM AND
CORRECTNESS:
Julie O. Bru
City Attorney
1.i
1p "
Da e
City of Miami
Legislation
Resolution: R-11-0286
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00528 Final Action Date: 7/14/2011
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE. AMENDMENT NUMBER 3 TO
THE AGREEMENT BETWEEN THE CITY OF MIAMI AND CAMARA DE
COMERCIO LATINA DE LOS ESTADOS UNIDOS, INC., IN SUBSTANTIALLY THE
ATTACHED FORM, EXTENDING THE AGREEMENT END DATE FROM
DECEMBER 31, 2010 TO MARCH 30, 2012, FO.R ECONOMIC DEVELOPMENT
ACTIVITIES -ASSOCIATED WITH COMMERCIAL FACADE PROJECTS IN
DISTRICT 3.
WHEREAS, pursuant to Resolution No. 09-0295, adopted June 18, 2009, the City Commission
authorized the allocation of $250,000 in Community Development Block Grant ("CDBG") funds to
Camara de Comercio Latina de los Estados Unidos, Inc. ("CAMACOL") for soft costs associated with
the commercial facade .program; and
WHEREAS, the same resolution authorized the allocation of $750,000 from District 3 and
$500,000 from District 4 in CDBG funds to CAMACOL for hard costs associated with the commercial
facade program in said districts; and
WHEREAS, pursuant to Resolution No. 09-0541, adopted November 19, 2009, the City
Commission authorized the allocation of $16,000 of CDBG close-out funds to CAMACOL for soft costs
for the Commercial Code Compliance Program; and
WHEREAS, pursuant to Resolution No. 10-0509, adopted November 18, 2010, the City
Commission authorized the extension of the existing contract from September 30, 2010 to December
31, 2010 and allocated additional funds in the amount of $140,345, for the specific purpose of
completing facade work in District 4; and •
WHEREAS, CAMACOL has an amount of $230,945 left on the contract at the end of the 2009-
2010 program year for District 3; and
WHEREAS, there is the need for additional facade/code compliance projects in District 3; and
WHEREAS, the Administration recommends execution of Amendment Number 3 to the Agreement
between the City of Miami ("City") and CAMACOL, extending the Agreement end date from December
31-,.2010 to,March 3,0, 2012,.for economic development activities associated with commercial facade
projects in District 3;
NOW, THEREFORE; -BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
- • Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
City of Miami_ . , Page 1 of 2 File Id: 11-00528 (Version: 2) Printed On: 7/18/2011
File Number: 11-00528 Enactment Number: R-11-0286
Section 2. The City Manager is authorized{1} to execute Amendment Number 3 to the Agreement
between the City and CAMACOL, in substantially the attached form, extending the Agreement end
date from December`31; 2010 to March 30, 2012; for economic development activities associated with
commercial fagade projects in District 3.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City
Charter and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10)
calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by the City Commission.
City of 111ia m i
Page 2 of 2 File Id: 11-00528 (Versi.bn.: 2) Printed On: 7/18/2011
EXHIBIT B — WORK PROGRAM
COMMERCIALFACADE AND CODE COMPLIANCE PROGRAM
National Objective
1. The SUB -RECIPIENT understands that Area Benefit is the National Objective that has
been identified as a priority by the CITY for this program.
a. An eligible business must serve an area with census blocks with a percentage of
low and moderate income persons in excess of 51 percent per 24 CFR 570.208
(a)(1)(i) and that is primarily residential in character.
b. Attached hereto and made part of this Agreement is the map of the Commercial
Facade's Service Area for District 3 of the City of Miami. Only businesses
located in this Service Area can be assisted under this program.
Scope of Services:
, 1. The Commercial Facade and Code Compliance Program Policies and Procedures Manual
("Manual") defines eligible businesses and it is incorporated as per Section 3.4.2 of this
agreement.
2. The SUBRECIPIENT understands that eligible facade improvements include signs,
shutters, windows, doors, awnings, pressure cleaning and painting.
3. The SUBRECIPIENT understands eligible corrections of a code violation ("Code
Violation Project") must include rehabilitation to the building structure • as stated on the
notice of code violation issued by the CITY and specified in the City of Miami
Commercial Facade Treatment and Code Compliance Program Policies and Procedures
Manual (the "Manual")
4. SUBRECIPIENT understands that project work cannot begin until the HUD
envirommental process is completed and the agency receives written authorization from
the City to proceed in the form of the environmental clearance letter (Approval for
Project Commencement form).
5. SUBREC.IPIENT will not submit an activity for approval Whose Letter of Interest is
incomplete or dated more than six (6) months prior to the date of submission for the
approval of the City of Miami.
6. The SUBRECIPIENT should complete:
A minimum of
•- -A minimum of
facade projects on an annual basis
code correction projects on an annual basis
7. The SUBRECIPIENT understands that facade and code compliance projects must be
completed -by March 31, 2012: .Any treatment/project completed by March 31, 2012
will count towards the 37th Program Year accomplishments. SUBRECIPIENT
understands that a project/treatment is considered completed the date the property
owner signs the Final Payment Release Authorization form.
8. SUBRECIPIENT understands and agrees that the following report must be submitted to
comply with the program requirements:
a. SUBRECIPIENT must submit a monthly report, which is due no later than the
10th of the following month detailing the location and status of the facade
project. The monthly report is to be submitted using Form F102.
b. A final Close -Out (financial report) and inventory report.
9. The work performed under this Work Program shall be subject to inspection and approval
by the CITY.
10. The SUBRECIPIENT agrees with and understands that assistance shall be provided as
per the program requirements and guidelines set forth in the Manual, incorporated by
reference, which may be amended from time to time by the CITY.
11. By signing below, the SUBRECIPIENT hereby acknowledges receipt of the Manual.
Name: U/4. " . d/ fr Date/
Agency: Camara Comercio Latina de los Estados Unidos (CAMACOL)
7/2 7/1 /
EXHIBIT C - COMPENSATION AND BUDGET SUMMARY
COMJ\LERCL4.L•;FA1ADE,AND>CODE,COMPLIANCE PROGRAM
1. SUBRECIPIENT understands that compensation will be as follows:
a. Facade Projects:
i. The SUBRECIPIENT's maximum compensation for facade projects soft cost is
S46.189 not to exceed 20% of actual hard costs.
ii. The CITY will pay up to $184,756.01 for the facade projects hard costs. The
CITY will not reimburse and/or pay the SUBRECIPIENT and/or contractor for
project .costs exceeding these amounts.
2.
b. Code Compliance Projects:
i. The SUBRECIPIENT'.s maximum compensation for code compliance projects
soft cost is $
ii. The CITY will pay up to $ for the code compliance projects
hard costs. The CITY will not reimburse the SUBRECIPIENT and/or
contractor for project costs exceeding these amounts.
SUBRECIPIENT's Itemized Budget, Cost Allocation, Budget Narrative, and Staff
Salaries Schedule are attached .Hereto and made part of this contract.
3. Payment Procedure will be as follows:
a. Requests for payment should be made at least on a monthly basis in a form to be
provided by the Department.
b. Reimbursement requests should be submitted to the CITY within thirty (30)
calendar days after the indebtedness has been incurred in a form provided by the
Department.
c. Each written request for payment shall contain a statement declaring and
affirming that services \'ere provided to certified program participants and in
accordance with the approved Work Program and Program Budget. All
documentation in support of each request shall be subject to review and approval
by the CITY at the time the request is made,
d. In addition to the request for payment, the .SUBRECIPIENT must submit a
Budget to Actual Expenditure Report along with the documents supporting
expenditures:
Verifiable hours of service related to soft costs are those hours of service provided
by the SUBRECIPIENT that can be substantiated by the payroll and other
pertinent records and which are reasonable, necessary and directly allocable to the
business participating in the ' facade/code enforcement program from the
SUBRECIPIENT.
ii. All expenditures must be verified with a copy of the original invoice and a copy
,of a-check'orother form ofpayment which was used to pay that specific invoice.
Within sixty (60) days of submitting each reimbursement request, copies of the
cancelled checks or other CITY approved documents evidencing the payments by
the SUBRECIPIENT, for which reimbursement was requested, shall be
submitted. In the event that an invoice is paid by various funding sources, the
copy of the invoice must indicate the exact amount (allocation) paid by various
funding sources equaling the total of the invoice. No miscellaneous categories
shall be accepted as a line -item budget.
e. Absent the completion of a facade and/or code enforcement project, the City will
pay up to one half the amount of the grant for soft costs, not to exceed
$23.094.50., to the SUBRECIPIENT. Once the SUBRECIPIENT documents the
implementation of the required facade/code enforcement projects and/or treatment
equivalent to the soft costs paid by the CITY, payments will resume.
4. During the term hereof and for a period of five (5) years following the date of the
payment made hereunder, the CITY shall have the right to review and audit the related
records of the SUBRECIPIENT pertaining to any payments by the CITY.
5. The SUBRECIPIENT must submit the request for final payment to the CITY within 10
(ten) calendar days following the expiration date or termination date of this Agreement in
a form to be provided by the Department. If the SUBRECIPIENT fails to comply with
this requirement, the SUBRECIPIENT may forfeit all rights to payment and the CITY
may not honor any request submitted. thereafter. The final reimbursement request might
not be processed. if the closeout package has not been properly completed and submitted
to the Department of Community Development by the due date.
6. Any payment due under this Agreement may be withheld pending the receipt and
approval by the CITY of all reports due from the SUBRECIPIENT as a part of this
Agreement and any modifications thereto.
7%i /i
Name: 04G!/.5:' 6. g Date
Agency: Camara Comercio Latina de los Estados Unidos (CAMACOL)
AMENDMENT #2
This Ame»cirnent.,to .the ,Agreement .between. the City of Miami, a municipal
corporation of the State of Florida ("CITY'), and Camara de Comercio Latina de los
Estados Unidos (CAMACOL) ("SUB -RECIPIENT"), dated December 1, 2009 (the
"Agreement"), is entered into this .'e1'51-1d.ay of Horch , 2011.
RECITAL
WHEREAS, the CITY and Sub -recipient have heretofore entered into the
Agreement which sets forth the terms and conditionspursuant to which the CITY
provided SUB -RECIPIENT the sum of Two Hundred Fifty Thousand dollars
($250,000..00) in Community Development Block Grant ("CDBG") funds to carry -out
Economic Development activities — Coimnercial Facade' Treatment/Code Enforcement as
authorized by the CITY Commission through Resolution No. R-09-0295;
WHEREAS, Resolution No. 09-0541, passed and .adopted by the City of Miami
Commission on December 10, 2009, allocated an additional sixteen thousand dollars
($16,000.00) in CDBG funds to continue to carry -out Economic Development activities —
Commercial Facade Treatment/Code Enforcement; and
WHEREAS, Resolution No. 09-0570, passed and adopted by the City of Miami
Commission on December 17, 2009, amended the Agreement for Economic
Development activities — Commercial Facade Treatment/Code Enforcement; and
WHEREAS, Resolution No. 10-0509, passed and adopted by the City of Miami
Commission on November 18, 2010, allocating an additional one hundred forty thousand
three hundred and forty-five dollars ($140,345.00) in CDBG funds to pay for hard costs
associated with Commercial Facade projects that are completed in District 4 and
extending the tern to December 31, 2010.
WHEREAS, all the funds are subject to the sane terns and conditions contained
in the Agreement; •
NOW, THEREFORE, in consideration of the foregoing, the CITY and SUB -
RECIPIENT hereby agree to amend the Agreement as follows:
1. _ Exhibit C of the Agreement (Compensation and Budget Summary) is amended to the
new Exhibit C attached to this Amendment.
SECTION 3.2 OF THE AGREEMENT EFFECTIVE DATE AND TERM
a. Effective Date of this Agreement shall be the latter of October 1, 2010 or the
date that the City Clerk attests the signature of the City Manager through
December 31, 2010.
IN WITNESS WHEREOF, the parties hereto have caused this instrurnent to be executed
by their respective officials thereunto duly authorized on the date above written.
Sub -recipient
Camara de Comercio Latina de los Estados Unidos
(CAMACOL)
1401 W. Flagler St
Miami, Florida 33135
a Florida not for profit corporation
By:
Name: LUIS G;. CUERVO Date Name: a °► 0 1 . GUTIERREZ Date 12 / 13 /2010
Title: EXECUTIVE DIRECTOR 12 / 13 / l efitle: PI' ESXDENT
Al ZEST:
CORPORATE SEAL:
CITY OF MIAMI, a municipal Corporation
of the State of Florida
7/AA
Priscilla A. Thompson ate /� a y Date
City Clerk - City Manager
APPROVED AS TO
INSURANCE.IWQUIREMENTS: CORRECTNESS:
APPROVED AS TO FORM AND
Gary Reshe=isky Date Julie O. Bra
A Administrator Risk Management City Attorney
EXHIBIT C - COMPENSATION AND BUDGET SUMMARY
COI\ MERCIAL FACADE AND CODE COMPLIANCE PROGRAM
A. The CITY will•coznpensate the SUBRECIPIENT on a performance basis as follows:
a. For each facade project, the CITY will compensate the SUBRECIPIENT at a rate of
20% of the actual project cost up to a maximum of $10,000.00 project cost per
business, or a maximum of $2,000 in compensation per business location.
b. For each code compliance project, the CITY will compensate the SUBRECIPIENT
at a rate of 20% of the actual project cost up to a maximum of $15,000.00 project
cost per business, or a maximum of $3,000 in compensation per business location.
•B. The CITY will compensate the SUBRECIPIENT for their implementation of a project after
the facade treatment and/or code compliance project is completed.
C. The maximum total compensation for this Agreement shall be $266.000.00.
SUBRECIPIENT understands that:
a. Facade Projects:
The-SUBRECIPIENT's maximum compensation for facade projects in District 4 is
$100,00.0 and the CITY will reimburse up to $640,345 in hard costs for completed
facade projects located in District 4. Maximum compensation for facade projects in
District 3 is $150,000 and the CITY will reimburse up to $750,000 in hard costs for
completed facade projects. The CITY will not reimburse the SUBRECIPIENT
and/or contractors for project costs exceeding these amounts.
b. Code Compliance Projects:
The SUBREC.IPIENT's maximum compensation for code compliance projects is
$ • and • the CITY will reimburse up to $ for the code
compliance projects hard costs.
D. SUBRECIPIENT's Itemized Budget, Cost Allocation, Budget Narrative, and Staff Salaries
Schedule are attached hereto and made part of this contract.
E. During the term hereof and for a period of five (5) years following the date of the payment
made hereunder, the CITY shall have the right to review and audit the related records of the
SUBRECIPIENT pertaining to any payments by the CITY.
Reimbursement :requests should besubmitted to the CITY within thirty days after the
project is completed.
The _SUBRECIPIENT must submit the request for final payment to the CITY within 30
calendar days following the expiration date or termination date of this Agreement in a fore
to be provided by the Department. If the SUBRECIPIENT fails to comply with this
requirement, the SUBRECIPIENT may forfeit all rights to payment and the CITY may not
honor any request submitted thereafter. The final reimbursement request might not be
processed if the close out package has been properly completed and submitted to the
Department of Community Development.by the due date.
H. Any payment due under this Agreement may be withheld pending the receipt and approval
by the CITY of all reports due from the SUBRECIPIENT as a part of this Agreement and
any modifications thereto.
12/13/2010
Name: LUI'S G. CUERVO Date
Agency:CAMARA DE COMERCIO LATINA DE-LOS ESTADOS UNIDOS
(CAMACOL)
2
City of Miami
Legislation
Resolution: 'R-10-0509
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov,com
File Number: 10-01196
Final Action Date:11/18/2010
A RESOLUTION OF THE.MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2, IN
SUBSTANTIALLY THE ATTACHED FORM, TO THE AGREEMENT BETWEEN THE
CITY OF MIAMI AND CAMARA DE COMERCIO LATINA DE LOS ESTADOS
UNIDOS, INC. ("CAMACOL"), EXTENDING THE AGREEMENT END DATE FROM
SEPTEMBER 30, 2010 TO DECEMBER 31, 2010, FOR ECONOMIC
DEVELOPMENT ACTIVITIES ASSOCIATED WITH COMMERCIAL FACADE
PROJECTS; FURTHER AUTHORIZING THE ADDITIONAL ALLOCATION OF
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCOME FUNDS, IN
THE AMOUNT OF $140,345, TO CAMACOL TO PAY FOR HARD COSTS
ASSOCIATED WITH FACADES COMPLETED IN DISTRICT 4.
WHEREAS, pursuant to Resolution No. 09-0295, adopted June 18, 2009, the Miami City
Commission authorized the allocation of Community Development Block Grant ("CDBG') funds in the
amount of $250,000, to Camara de Comercio Latina de los Estados Unidos, Inc. (''CAMACOL"), for
soft costs associated with the Commercial Facade Program; and
WHEREAS, the same resolution authorized the allocation of CDBG funds in the amount of
$750,000 from District 3 and CDBG funds in the amount of $500,000 from District 4 to CAMACOL for
hard costs associated with the Commercial Facade Program in said districts; and
WHEREAS, pursuant to Resolution No. 09-0541, adopted November 19, 2009, the Miami City
Commission authorized the allocation of CDBG close-out funds in the amount of $16,000 to
CAMACOL for soft costs for the Commercial Code Compliance Program; and
WHEREAS, CAMACOL expedited projects that were already underway to complete them before
the end of the 2009-2010 Program Year and exceeded the funding available for hard costs in District
4; and
WHEREAS, because CAMACOL was not funded for the Facade/Code Compliance Program for
the 2010-2011 Program Year, a need for additional funding has arisen to cover hard costs to prevent
undue hardship to the contractors and businesses involved; and
WHEREAS, the Administration recommends extending the Agreement end term date, between the
City of Miami ('City") and CAMACOL, from September 30, 2010 to December 31, 2010, and the
allocation of additional CDBG Program income funds in the amount of $140,345 for hard costs
associated with the Facade Program in District 4;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE. CITY OF MIAMI,
FLORIDA:
Section 1.-The recitals and findings contained in the Preamble to this Resolution are adopted by
City of Miami:.:. : , :. , _ . Page 1 of 2 File Id: 10-01196 (Version.: 1) Printed On:12/8/2010
File Number: 10-01196 Enactment Number: R-10-0509
reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized {1} to execute Amendment No. 2, in substantially the
attached form, to the Agreementbetweenthe City and CAMACOL, extending the Agreement end date
from September 30, 2010 to December 31, 2010, for economic development activities associated with
commercial fagade projects.
Section 3. The additional allocation of CDBG Program income funds, in the amount of $140,345,
to CAMACOL to pay for hard costs associated with fagades completed in District 4, is authorized.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {2}
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be imposed
by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code
provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City ofMiam.i...
Page 2 of 2 File Id: 10-01196 (Version.: 1) Printed On: 12/8/2010
AMENDMENT #1
This Amendment to the Agreement between the City of Miami, a municipal
corporation of .the State of Florida ("CITY"), and Camara de Comercio Latina de los
Estados Unidos (CAMACOL) ("SUB -RECIPIENT"), dated December 1, 2009 (the
"Agreement"), is entered into this bray of Q p ►-1 , 2010.
RECITAL
WHEREAS, the CITY and Sub -recipient have heretofore entered into the
Agreement which sets forth the terms and conditions pursuant to which the CITY
provided SUB -RECIPIENT the sum of Two_Hundred Fifty Thousand dollars
($250,00.0.00) in Community Development Block Grant ("CDBG") funds to carry -out
Economic Development activities — Commercial Facade Treatment/Code Enforcement as
authorized by the CITY Commission through Resolution No. R-09-029.5;
WHEREAS, Resolution No. 09-0541, passed and adopted by the City of Miami
Commission on December 10, 2009, allocated an additional sixteen thousand dollars
($16,000.00) in CDBG funds to continue to carry -out Economic Development activities —
Commercial Facade Treatment/Code Enforcement; and
WHEREAS, Resolution No. 09-0570, passed and adopted by the City of Miami
Commission on December 17, 2009, amended the Agreement for Economic
Development activities — Commercial Facade Treatment/Code Enforcement; and
WH F+;REAS, all the funds are subject to the same terms and conditions contained
in the Agreement;
NOW, THEREFORE, in consideration of the foregoing, the CITY and SUB -
RECIPIENT hereby agree to amend the Agreement as follows:
4. Exhibit B of the Agreement (Work Program) is amended to the new Exhibit B
attached to this Amendment.
5. Exhibit C of the Agreement (Compensation and Budget Summary) is amended to the
new Exhibit C attached to this Amendment.
6. Maximum Compensation for this Agreement is increased to Two Hundred and Sixty -
Six Thousand dollars ($266,000.00)
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
by their respective'dfficials thereunto duly authorized on the date above written.
ATTEST:
1rame:Hector Gas
Title: Executive Director
ATTEST:
Priscilla A. T -iompson fbat
City Clerk „
//
APPROVED AS TO
INSURANCE REQUIREMENTS: CORRECTNESS:
•
LeeAnn Bzehm Date Julie O.
_. _ Administrator Risk Management City Attorne
Sub -recipient
Camara de Comercio Latina de los Estados Unidos
(CAMACOL)
735 N.W. 22 Avenue
Miami, Florida 33125
a Florida not for profit corporation
Date Feb 5/10 Name: Date Feb. 5/10
William Alexander
Title: President
CORPORATE SEAL:
CITY OF MIAMI, a municipal Corporation
of the State of Florida
Carlos A. Migoya
City Manager
APPROVED AS TO FORM AND
Date
City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 09-032) 5
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT GRANT
("CDBG") CLOSE-OUT FUNDS, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND
INCORPORATED, IN THE TOTAL AMOUNT OF $1,077,888.43; ALLOCATING
SAID FUNDS, IN THE AMOUNT OF $650,000 TO THE CITY OF MIAMI
DEPARTMENT OF CODE ENFORCEMENT FOR THE PROVISION OF CODE
ENFORCEMENT ACTIVITIES, AND IN THE AMOUNT OF $427,888 TO BE
ALLOCATED AS FOLLOWS: THE AMOUNT OF $379,888 TO THE CITY OF MIAMI
DEPARTMENT OF COMMUNITY DEVELOPMENT COMMERCIAL CODE
COMPLIANCE PROGRAM FOR CONSTRUCTION HARD COSTS, THE AMOUNT
OF $16,000 EACH TO ALLAPAI IAH BUSINESS DEVELOPMENT AUTHORITY,
CAMARA DE COMERCIO LATINA DE LOS ESTADOS UNIDOS INC., AND
RAFAEL HERNANDEZ HOUSING AND ECONOMIC DEVELOPMENT CORP., FOR
THE IMPLEMENTATION OF THE COMMERCIAL CODE COMPLIANCE
PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY DOCUMENT(S), WITH SAID AGENCIES FOR SAID PURPOSES.
WHEREAS, previous years' Community Development Block Grant ("CDBG") funds allocated to
various agencies for program delivery and administration, retained unused balances, in the amount of
$1,077,888.43, as specified in Exhibit "A", attached and incorporated; and
WHEREAS, the close-out of these unused balances allows the City of Miami Department of
Community Development -to recapture the funds to be used for other CDBG eligible activities; and
WHEREAS, the Administration has a established a Code Compliance Program which includes
Code Enforcement Inspections, Commercial Code Compliance Program and Single Family
Rehabilitation Program in selected low and moderate neighborhoods to provide a coordinated effort to
revitalize the neighborhoods; and
WHEREAS, the Administration recommends the transfer in the amount of $650,000, from previous
year's CDBG close-out funds, and the allocation of said funds to the City of Miami Department of Code
Enforcement to .conduct code enforcement activities in the program areas; and
WHEREAS, the Administration additionally recommends the transfer in the amount of $427,888,
...from previous year's CDBG close-out funds, and the allocation of said funds in the amount of
$379,888 to the City -of Miami Department of Community Development Commercial Code Compliance
.., Program_for_,construction hard cost, $1.6,000 each to Allapattah Business Development Authority
("ABDA"), Camara de Comercio Latina de los Estados Unidos Inc. ("CAMACOL") and Rafael
Hernandez Housing and Economic Development Corp. ("RHHED"), for the implementation of the
Commercial Code Compliance Program;
Cin' of,ilianu
Page 1 of 2 Printed On: 12/3/2009
Frl
File Number: 09-01215
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals contained in the Preamble to this Resolution are adopted by reference and
incorporated as if fullyset forth in this Section.
Section 2. The transfer of CDBG close-out funds, as specified in Exhibit "A", attached and
incorporated, in the total amount of $1,077,888,43, and the allocation of said funds, in the amount of
$650,000, to the City of Miami Department of Code Enforcement to conduct code enforcement
activities, and in the amount of $427,888, to be allocated as follows: the amount of $379,888 to the
City of Miami Department of Community Development Commercial Code Compliance Program for
construction hard costs, the amount of $16,000 each to ABDA, 'CAMACOL and RHH.ED for the
implementation of the Commercial Code Compliance Program, is authorized.
Section 3. The City Manager is authorized(1) to execute the necessary document(s), with said
agencies for said purposes.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
Footnotes:
(1) The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and Code provisions.
(2) If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami
Page 2 of 2 • Printed On: 12/3/2009
Transferring CDBG close out funds
EXHIBIT "A"
Sources of Reallocation
Amount
Recommended Redistribution of
Activity NamefDescription
Amount
funds to Aciencies
Simmons,C ($18,507.08); Snell,$ ($3,901.99);
Association for the Development of the Exceptional,
Inc. ($5,765.50); The Alternative Programs, Inc.
($3,077.25); Lafayette Square, Ltd. ($7,545);
Betafonte Tacoicy Center, Inc. ($2,036.80); Catholic
Charities of the Archdiocese of Miami, Inc/GESU
($1,108.50); Dr. Rafael Penalver Clinic ($$8); New
Providence Development Center, Inc. ($2,266.30);
Sunshine for All, Inc. ($38); CDBG Administration
($334,031.50); Section 108 Debt Service
($186,887.76); Economic Development Close out,
funds ($512,664.75)
$1,077,888.43
City of Miami Department of Code
Enforcement ($650,000); City of
Miami Department of Community
Development — Commercial Code
Compliance Program ($379,888);
Ailapattah Business Development
Authority ($16,000); Camara de
Comercio Latina de los Estados
Unidos (CAMACOL), Inc.
($16,000); Rafael Hernandez
Housing & Economic
Development, Corp. ($16,000)
FOR THE IMPLEMENTATION OF
THE COMMERCIAL CODE
COMPLIANCE PROGRAM
$1,077,888.43
Total
$1,077,888.43
Total
$1,077,888.43
;' t
•1111 i. 10 �. tt;. I`! 't
EXHIBIT B WORK PROGRAM
COMMERCIAL FACADE AND CODE COMPLIANCE PROGRAM
1. The SUBRECIPIENT understands that the National Objective is Area Benefit as stipulated
at 24 CFR 570.208(a)(1)(i).
2. The SUBRECIPIENT will provide assistance to eligible for -profit businesses located in the
district from which the SUBRECIPIENT was funded.
3. The SUBRECIPIENT understands that eligible facade improvements include signs,
shutters, windows, doors, awnings, pressure cleaning and painting.
4. The SUBRECIPIENT understands eligible corrections of a code violation ("Code
Violation .Project") must include rehabilitation to the building structure as stated on the
notice of code violation issued by the CITY and specified in the City of Miami Commercial
Facade Treatment and Code Compliance Program Policies and Procedures Manual (the "
Manual") .
5. SUBRECIPIENT understands that project work cannot begin until the HUD environmental
process is completed and the agency receives written authorization from the City to
proceed in the form of the environmental clearance letter (Approval for Project
Commencement form).
6. SUBRECIPIENT will not submit an activity for approval whose Letter of Interest is
incomplete or dated more than six (6) months prior to the date of submission for the
approval of the City of Miami.
7. The SUBRECIPIENT should complete
8. A minimum of 125 facade projects
9. A minimum of 5 code correction projects
10. The SUBRECIPIENT understands that facade and code compliance projects must be
completed by September 30, 2010. Any treatment/project completed by September 30,
2010 will count towards the 35th Program Year accomplishments. SUBRECIPIENT
understands .that a project/treatment is considered completed the date the property owner
signs the Final Payment Release Authorization form.
11. SUBRECIPIENT understands and agrees that the following report must be submitted to
comply with the program requirements:
12. SUBRECIPIENT must submit a monthly report, which is 'due no later than the 10th of the
following•month. The monthly report is to be submitted using Form F102.
5
13. The work performed under this Work Program shall be subject to inspection and approval
by the CITY.
14, The SUBRECIPIENT agrees with and understands that assistance shall be provided as per
the program requirements and guidelines set forth in the Manual, incorporated by
reference, which may be amended from time to time by the CITY.
15. By signing below, the SUBRECIPIENT hereby acknowledges receipt of the Manual.
- -
Narlleilliam Alexander
Agency: LATIN CHAMBER OF COMMERCE OF USA
Feb. 5, 2010
Date
6
EXHIBIT C - COMPENSATION AND BUDGET SUMMARY
COMMERCIAL FACADE AND CODE COMPLIANCE PROGRAM
A. The CITY will compensate the SUBRECIPIENT on a performance basis as follows:
a. For each facadeproject, the CITY will compensate the SUBRECIPIENT at a rate of
20% of the actual project cost up to a maximum of $10,000.00 project cost per
business, or a maximum of $2,000 in compensation per business location.
b. For each code compliance project, the CITY will compensate the SUBRECIPTENT
at a rate of 20% of the actual project cost up to a maximum of $15,000.00 project
cost per business, or a maximum of $3,000 in compensation per business location.
B. The CITY will compensate the SUBRECIPIENT for their implementation of a project after
the facade treatment and/or code compliance project is completed.
C. The maximum total compensation for this Agreement shall be $266,000.00
SUBRECIPIENT understands that:
a. Facade Projects:
i. The SUBRECIPIENT's maximum compensation for facade projects is
$250,000.00 and the CITY will reimburse up to $1,250,000.00 for the
facade projects hard costs. The CITY will not reimburse the
SUBRECIPTENT and/or contractors for project costs exceeding these
amounts.
b. Code Compliance Projects:
i. The SUBRECIPTFNT's maximum compensation for code compliance
projects is $16,000, 00 and the CITY will reimburse up to $151,975.00 for
the code compliance projects hard costs. The CITY will not reimburse the
SUBRECIPIENT and/or contractors for project costs exceeding these
amounts.
D. SUBRECIPIENT's Itemized Budget, Cost Allocation, Budget Narrative, and Staff Salaries
Schedule are attached hereto and made part of this contract.
E. During the term hereof and for a period of five (5) years following the date of the payment
made hereunder, the CITY shall have the right to review and audit the related records of the
SUBRECIPIENT pertaining to any payments by the CITY. •
F. Reimbursement :requests should be submitted to the CITY, .within fifteen days after the
project is completed.
G. :The :SUBRECIPIENT must :submit the request for final payment to the CITY within 30
calendar days following the expiration date or termination date of this Agreement in a form
7
to be provided by the Department. If the SUBRECIPIENT fails to comply with this
requirement, the SUBRECIPIENT may forfeit all rights to payment and the CITY may
not honor any request submitted thereafter. The final reimbursement request might not be
processed if the close out package has been properly completed and submitted to the
Department of Community Development by the due date.
H. Any payment due under this Agreement may be withheld pending the receipt and
approval by the CITY of all reports due from the SUBRECIPIENT as part of this
Agreement and any mod'fications thereto.
Feb. 5, 2010
Nam Wif1 m Alexander 0 Date
Agency: LATIN CHAMBER OF COMMERCE OF USA
8
CITY OF MIAMI, FLORIDA
COMMUNITY DEVELOPMFNT BLOCK GRANT
.‘COMMERCIAUFACADES PROGRAM AGREEMENT
THIS Agreement .(hereinafter the "Agreement") is entered into this 1 sk day of
bcCCa hi bar, 2009 between the City of Miami, a municipal corporation of the State of Florida
(hereinafter referred to as the "CITY"), and Camara de Comercio Latina de los Estados Unidos,
Inc.(CAMACOL), a Florida not for profit corporation (hereinafter referred to as the
"SUBRECIPIENT" ).
FUNDING SOURCE: Community Development Block Grant Funds
AMOUNT: S250,000.00
TERM OF THE AGREEMENT: Effective date of this Agreement shall be the latter of
October 1, .2009 or the date that the City Clerk attest the
siginature of the City Manager through September 30, 2010.
PROJECT NUMBER: q i— 0a623-1
ADDRESS: 735 N.W. 22 Avenue
Miami, FL 33125
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein set forth,
the parties understand and agree as follows:
ARTICLE I
EXHIBITS AND DEFIl!'ITIONS
1.1 EXHIBITS: Attached hereto and forming a part of this Agreement are the following Exhibits:
Exhibit A .. Co.rporate Resolution Authorizing Execution of this Agreement.
Exhibit B Work Program
Exhibit C Compensation and Budget Summary
Exhibit D Certification Regarding Lobbying Form
1
Exhibit E
Exhibit F
Exhibit G
Certification Regarding Debarment, Suspension and other Responsibility
Matters (Primary Covered Transactions Form).
Crime Entity Affidavit
Insurance Requirements
1.2 DEFINED TERMS: As used herein the following terns shall mean:
Act: Title I of the Housing and Community
Development Act of 1974, as amended.
Agreement Records:
CDBG Program:
- CDBG Requirements:
Any and all books, records, documents,
information, data, papers, letters, materials, and
computerized or electronic storage data and media,
whether written, printed, computerized, electronic
or electrical, however collected or preserved which
is or was produced, developed, maintained,
completed, received or compiled by or at the
direction of the SUBRECIPIENT or any
subcontractor in carrying out the duties and
obligations required by the teuus of this Agreement,
including, but not limited to, financial books and
records, ledgers, drawings, maps, pamphlets,
designs, electronic tapes, computer drives and
diskettes or surveys.
Community Development Block Grant Program.
The requirements contained in 24 CFR Part 570,
Rule 91 of the Florida Administrative Code and as
established by the City of Miami, Florida.
Department: The City of Miami Department of Community
Development.
Federal Award:
Low- and -Moderate- Income
Person:
Any federal funds received by the SUBRECIPIENT
from any source during the period of time in which
the SUBRECIPTFNT is performing the obligations
set forth in this Agreement.
A member of a low- or moderate -income family •
whose income is within specific income levels set
forth by U.S. HUD.
U.S. HUD or HUD: The United States Department of Housing and
Urban Development.
ARTICLE II
BASIC REQUIREMENTS
The following documents must be approved by the CITY and must be on file with the
Department prior to the CTTY's execution of this Agreement:
2.1
The Work Program submitted by the SUBRECIPTFNT to the CITY which shall become
attached hereto as Exhibit "B" to this Agreement and shall include the following:
2.1.1 The description section shall detail the activities to be carried out by the
SUBRECIPiENT. It should specifically describe the activities to be carried out
as a result of the expenditure of CDBG Funds. Where appropriate it should list
measurable objectives, define the who, what, where and when of the project, and
in general detail how these activities will ensure that the intended beneficiaries
will be served.
:2.-1:2 The schedule of activities and measurable objectives play an essential role in the
grant management system: The schedule should provide projected milestones and
deadlines for the accomplishment of tasks in carrying out the Work Program.
These projected _milestones and deadlines are • a basis for measuring actual
progress during the teen of this Agreement. These items shall be in sufficient
3
detail to provide a sound basis for .the CITY to effectively monitor performance
by the SUBRECII'IENT under this Agreement.
2.2 The Compensation and Budget Summary attached hereto as Exhibit "C", which shall
include completion of the •SUBRECIPIENT's Itemized Budget, Cost Allocation and any
subcontracts.
2.3 A list of the SUBRECIP (FNT's present officers and members of the Board (names,
addresses and telephone numbers).
2.4 A list of key staff persons (with their titles) who will carry out the Work Program.
2.5 Completion of an Authorized Representative Statement.
•• 2.6 • Completion of a Statement of Accounting System.
2.7 A copy of the SUBRECfPIENT's corporate personnel policies and procedures.
2.8 Job description and resumes for all positions funded in whole or in part under this
Agreement.
2.9 Copy of the SUBRECIPIENT's last federal income tax return (IRS Form 990).
2.10 The following corporate documents:
(i) Bylaws, resolutions and incumbency certificates for the SUBRECIPIENT, certified
by the SUBRECIPILNT's Corporate Secretary, authorizing the consummation of
the transactions contemplated hereby, all in a form satisfactory to the CITY.
2.11 ADA Certification.
2.12 Drug Free Certification.
2.13 All other documents reasonably required by the CITY.
ARTICLE III
TERMS AND PROCEDURES
3.1 CITY AUTHORIZATION:
For the purpose of this Agreement, the Department will act on behalf of the CITY in the
fiscal control, prog armrnatic monitoring and modification of this Agreement, except as otherwise
provided by in this Agreement.
3.2 EFFECTIVE DATE AND TERM:
Effective Date of this Agreement shall be the latter of October 1, 2009 or the date 'that the
City Clerk. attests- the signature of the City Manager through September 30, 2010, subject to
-extension of Program availability and appropriation of grant funds.
3.3 OBLIGATIONS OF SUBRECIPIENT:
The SUBRECIPIENT shall carry out the services and activities as prescribed in its Work
Program, which is attached and incorporatedn'herein and made a part of this Agreement, in a
manner that is lawful, and satisfactory to the -CITY, and in accordance with the written policies,
procedures, and requirements as prescribed in this Agreement, and as set forth by HUD and the
CITY.
3.4 MANUALS:
3.4.1 POLICIES AND PROCEDURES MANUAL. The SUBRECIPIENT is aware of
and accepts the "Policies and Procedures Manual for Community Development
Block Grant Sub -recipients ("Policies- and Procedures Manual") as the official
document which outlines the fiscal, administrative and federal guidelines which
shall regulate the day-to-day operations of the SUBRECIPIENT. The Policies
and Procedures Manual is incorporated herein and made a part of this Agreement.
The City of Miami reserves the right to update this Policies and Procedures
Manual via Program Directives. These Program Directives and updated versions
of this Policies and Procedures Manual shall be incorporated and made a part of
this Agreement.
3.4.2 COMMERCIAL FACADE TREATMENT PROGRAM MANUAL. The
SUBRECIPIENT is aware of and accepts the "Commercial Facade Treatment
Program Manual" which shall regulate the performance of the activities
performed by the SUBRECIPIENT in fulfillment of the Work Program. The
"Conunercial Facade Treatment Program Manual" is incorporated herein and
made apart of this Agreement. The City of Miami reserves the right to update this
Manual via Program Directives. These Program Directives and updated versions
of the "Commercial Facade Treatment Program Manual" shall be incorporated
and made a part of this Agreement.
3.4.3 COMMERCIAL CODE COMPLIANCE PROGRAM MANUAL. The
•SUBRECIPIENT is aware of and accepts the-"Cdnunereial Code Coiripliance
.Program Manual" which shall regulate the performance of the activities
performed by.the. SUBRECIPIENT • in fulfillment of the Work Program. The
"ComrinerciarCode- Coni5liance TProgram Manual" is incorporated herein and
made a part of this Agreement. The City of Miami reserves the right to update this
Manual via Program Directives. These Program Directives and updated versions
of •the'Commercial 'Code`Compliance'Program Manual" shall be incorporated
and -made a part of this Agreement.
3.5 LEVEL OF SERVICE:
Should start-up time for the Work Program be required or in the event of the occurrence
of any delays in the activities thereunder, the SUBREC]IPIENT shall immediately notify the
Department in writing, giving all pertinent details and indicating when the Work Program shall
-begin and/or continue, It is understood and agreed that the SUBRECIPIENT shall maintain the
level of activities and expenditures in existence prior to the execution of this Agreement. Any
activities funded through or as a result of this Agreement shall not result in the displacement of
employed workers, impair existing .agreements for services or activities, or result in the
substitution of funds allocated under this Agreement for other funds in connection with work
which would have been performed in the absence of this Agreement.
ARTICLE IV
CDBG FUNDING AND DISBURSEMENT REQUIREMENTS
4.1 COMPENSATION:
The amount of compensation payable by the City.to the SUBRECIPIENT shall be based
on the rates, schedules and conditions described in Exhibit "C" attached hereto, which by this
reference is incorporated into this Agreement.
4.2 INSURANCE:
At all times during the term hereof, the SUBRECIP I ►-.NT shall maintain insurance
acceptable to the CITY. Prior to commencing any activity under this Agreement, the
SUBRECIPIENT shall furnish to the CITY original certificates of insurance indicating that the
SUBRECIPIENT is in compliance with the provisions described in Exhibit "G" attached hereto,
which by this reference is incorporated into this Agreement.
4.3 FINANCIAL ACCOUNTABILITY:
_ _...._ :The CITY reserves the right to audit. the records of the SUBRECIPIENT at any time
during the perforinance of this Agreement and for a period of five (5) years after its
• expiration/tennination.. <..The- -SUBRECIPIENT agrees to- provide all financial and other
applicable records and documentation of services to the CITY. Any payment made shall be
6
subject to reduction for amounts included in the related invoice which are found by the CITY, on
the basis of such audit and at its sole discretion, not to constitute reasonable and necessary
expenditures. Any payments made to- the SUBRECIPIENT are subject to reduction for
overpayments on previously submitted invoices.
4.4 RECAPTURE OF FUNDS:
The CITY reserves the right to recapture funds in the event that the SUBRECIPIENT
shall fail: (i) to comply with the terms of this Agreement, or (ii) to accept conditions unposed by
the CITY at the direction of the federal, state and local agencies.
4.S CONTINGENCY CLAUSE:
Funding pursuant to this Agreement is contingent on the availability of funds and
continued authorization for CDBG Program activities, and is also subject to amendment or
termination due to .lack of funds or authorization, reduction of funds, and/or changes in
regulations.
ARTICLE V
AUDIT
5.1 .As a necessary part of this Agreement, the SUBRECIPIENT shall adhere to the following
audit requirements:
5.1.1 If the SUBRECIPIENT expends $500,000 or more in the fiscal year it shall have
a single audit or program specific audit conducted for that year. The audit shall
be conducted in accordance with Generally Accepted Government Auditing
Standards (GAGAS) and OMB Circular A-133. The audit shall determine
whether the financial statements are presented fairly in all material respects in
conformity with generally accepted accounting principles.
In addition to the above requirements, the auditor shall perform procedures to
obtain an understanding of internal controls and perform sufficient testing to
ensure compliance with the procedures. Further the auditor shall determine
whether the SUBRECIPIENT has complied with laws, regulations and the
provisions of this Agreement.
A reporting package shall be submitted within the earlier of thirty (30) days after
receipt,:of-the :auditor'-s report(s) or nine: (9) months after the end of the audit
period. -The reporting package will include the certified financial statements and
schedule of expenditures o.f Federal Awards; a summary schedule of prior audit
findings; the auditor's report and the corrective action plan. The auditor's report
shahl include:
a) <An opinion ,of opinion) as to whether the financial statements
are presented fairly in all material respects in conformity with generally
accepted principles and an opinion (or disclaimer of opinion) as to whether the
schedule of expenditures of Federal Awards is presented fairly in all material
respects in relation to the financial statements taken as a whole.
b) A report on internal controls related to the financial statements and major
programs.• This report. shall describe the scope of testing of internal controls
and the results of the test, and, where applicable, refer to the separate schedule
of findings and questioned costs.
c) A report on compliance with laws, regulations, and the provisions of contracts
and/or this Agreement, noncompliance with which could have a material
effect on the financial statements. This report shall also include an opinion (or
disclaimer of opinion) as to whether the SUBRECIPIENT complied with the
laws, regulations, and the provisions of contracts and this Agreement which
could have a direct and material effect on the program and, where applicable,
refer to the separate schedule of findings and questioned costs.
d) A schedule of findings and questioned cost which shall include the
requirements of OMB Circular A-133.
5.1,2 If the SUBRECIPIENT expends less than S500,000 in the fiscal year it is
exempted from Federal audit requirements for that year and consequently the
audit cost is not a reimbursable expense. The CITY, however, may request the
SUBRECIPIENT to have a limited scope audit for monitoring purposes. These
limited scope audits will be paid for and arranged by the CITY and address only
one or more of the following types of compliance requirements: activities allowed
or disallowed; allowable costs/cost principles; eligibility; matching, level of
effort, earmarking; and, reporting. _
All reports presented to the CITY shall, where applicable, include sufficient information
1-! .:: ,.to.:provide a proper. _perspective : for judging the prevalence -and consequences of the
findings, such -as whether an audit finding represents an isolated instance or a systemic
8
problem. Where appropriate, instances identified shall be related to the universe and the
number of cases examined and quantified in tenns of dollar value.
ARTICLE VI
RECORDS AND REPORTS
6.1 The SUBRECIPIENT shall establish and maintain sufficient records to enable the CITY
to determine whether the SUBRECIPIENT has met the requirements of the CDBG Program.
At a minimum, the following records shall be maintained by the SUBRECIPIENT:
6.1.1 Records providing a full description of each activity assisted (or being assisted)
with CDBG Funds, including its location (if the activity has a geographical locus),
the amount of CDBG Funds budgeted, obligated and expended for the activity,
and the specific provision in 24 CFR Subpart C of the CDBG Pro,arn regulations
under which the activity is eligible.
6..1.2 Records demonstrating that each activity undertaken meets one of the criteria set
forth in 24 CFR 570.208 of the CDBG Program regulations. Where information
on income by family size is required, the SUBRECIPIENT may substitute
evidence establishing that the person assisted qualified under another program
having income qualification criteria at least as restrictive as that used in the
defuiitions of "low- and moderate -income person" and "low- and moderate -
income household" as set forth in 24 CFR 570.3; or, the SUBRECIPIENT may
substitute a copy of a verifiable certification from the assisted person that his or
her family income does not exceed the applicable income limit established in
accordance with 24 CFR 570.3; or, the SUBRECIPIENT may substitute a notice
that the assisted person is a referral from any governmental agency that
determines persons to be "low- and moderate -income persons" based upon
HUD's criteria and agrees to maintain documentation supporting those
determinations. Such records shall include the following information:
(i) For _ each activity determined to benefit low- and moderate -income
.persons, the income limits applied and the point in time when the benefit
was determined. __
(ii) -- For each activity determined to benefit low- and moderate -income persons
:_based'on the 'area 'served by the activity; only activities located in census
blocks with a percentage of low and moderate income persons in excess of
9
51 percent will be undertaken by the SUBRECIPIENT and report it to the
CITY;
(iii) `'For -each activity determined to benefit low- and moderate -income persons
because the activity involves a facility or service designed for use by a
limited clientele consisting exclusively or predominantly of low- and
moderate -income persons:
(a) Documentation establishing that the facility or service is designed
for and used by senior citizens, disabled persons, battered spouses,
abused children, the homeless, illiterate persons, or migrant faun
workers, for which the regulations provide presumptive benefit to
low- and moderate -income persons; or
(b) Documentation describing how the nature and, if applicable, the
location of the facility or service establishes that it is used
predominantly by low- and moderate -income persons; or
(c) Data showing the size and annual income of the family of each
person receiving the benefit.
6.1.3 Equal Opportunity Records containing:
(i) Data on the extent to which each racial and ethnic group and single -
headed households (by gender of household head) have applied for,
participated in, or benefited from, any program or activity funded in whole
or in part with CDBG Funds. Such information shall be used only as a
basis for further investigation relating to compliance with any requirement
to attain or maintain any particular statistical measure by race, ethnicity, or
gender in covered programs.
(ii) .. Documentation of actions undertaken to meet the requirements of 24 CFR
570.607(b) which implements Section 3 of the Housing and Urban
Development Act of 1968, as amended (12 U.S.C. 1701U) relative to the
hiring and training of low- and moderate -income persons and the use of
local businesses._ _ .
6._1.4 Financial -records, in accordance with the applicable requirements listed in 24
CFR 570.502.
10
J
Records required to be maintained in accordance with other .applicable laws and
regulations set forth in Subpart K of 24 CFR.
6.2 RETENTION AND ACCESSIBII:ITY`OF'RECORDS:
6.2.1 The Department shall have 'the • authority to review the SUBRECIPIENT's
records, including Project and programmatic records and books of account, for a
period of five (5) years from the expiration/termination of thus Agreement (the
"Retention Period"). All books of account and supporting documentation shall be
kept by the SUBRECIPIENT at least until the expiration of the Retention Period.
The SUBRECIPihNT shall maintain records sufficient to meet the requirements
of 24 CFR 570. All records and reports required herein shall be retained and
made accessible as provided thereunder. The SUBRECIP ENT further agrees to
abide by Chapter 119, Florida Statutes, as the salve may be amended from time to
time, pertaining to public records.
The SUBRECIPIENT shall ensure that the Agreement Records shall be at all
times subject to and available for full access and review, inspection and audit by
the CITY, federal personnel and any other personnel duly authorized by the
CITY.
6.2.2 The SUBRECIPTFNT shall include in all the Department approved subcontracts
used to engage subcontractors to carry out any eligible substantive project or
programmatic activities, as such activities are described in this Agreement and
defined by the Department, each of the record -keeping and audit requirements
detailed in this Agreement. The Department shall, in its sole discretion,
determine when services are eligible substantive project and/or programmatic
activities and subject to the audit and record -keeping requirements described in
this Agreement.
6.2.3 If the CITY or the SUBRECIPIENT has received or given notice of any kind
indicating any threatened or pending litigation, claim or audit arising out of the
activities pursuant to -.the project, the activities and/or the Work Program or under
_ahe,_.terms.=.of_this Agreement, the Retention Period shall be extended until such
time -as the .threatened - or pending litigation, claim or audit is, . in the sole and
absolute.discretion ofthe Department fully,` completely and finally resolved.
11
6.2.4 The SUBRECIPIENT shall notify the Department in writing both during the
pendency of this Agreement and after its expiration/tennination as part of the final
closeout -:procedure of theaddress where all Agreement Records will be retained.
6.2.5 The:SUBRECIPIEN.T shall obtain the prior - written consent of the Department to
the disposal of any Agreement Records within one (1) year after the expiration of
the Retention Period.
6.3 PROVISION OF RECORDS:
6.3.1 At any time, upon request by the Department, the SUBRECIPTFNT shall provide
all Agreement Records to the Department. The requested Agreement Records
shall. become the property of -the Department without restriction, reservation, or
limitation .on their use. The Department .shall have unlimited rights to all books,
articles, or other copyrightable materials developed in the performance of this
Agreement. These rights include the right of royalty -free, nonexclusive, and
irrevocable license to reproduce, publish, or otherwise use, and to authorize others
to use the Work Program for public purposes.
6.3.2 If the SUBRECIPIENT receives funds from, or is under regulatory control of
other governmental agencies, and those agencies issue monitoring reports,
regulatory examinations, or other similar reports, the SUBRECIPIENT shall
provide a copy of each such report and any follow-up communications and reports
to the Department immediately upon such issuance, unless such disclosure would
be prohibited by any such issuing agency.
6.4 MONITORING:
The SUBRECIPLENT shall permit the Department and other persons duly authorized by
the Department to inspect all Agreement Records, facilities, goods, and activities of the
SUBRECJ IENT which are in any way connected to the activities undertaken pursuant to the
- terns of this Agreement, and/or interview any clients, einployees, subcontractors or assignees of
.:the SUBRECIPIENT. .Following .such inspection or interviews, the Department will deliver to
the SUBRECIPIFNT a report of its findings. The SUBRECIPIENT will rectify all deficiencies
cited by the Department within the specified period of time set forth in the report or provide the
,_;;-Deportment swith. a .reasonable justification for not. correcting..the same. The Department will
12
determine in its sole and absolute discretion whether or not the SUBRECIPIENT's justification
is acceptable.
At the request 'of 'the 'CITY, ''the "SUBRECIPIENT'Shall transmit to the CITY written
statements of the >-SUBRECIP1.NT's official policies — on specified issues relating to the
SUBRECIPIENT's activities. The CITY will carry out monitoring and evaluation activities,
including visits and observations by CITY staff; the SUBRECIPIENT shall ensure the
cooperation of its employees and its Board members in such efforts. Any inconsistent,
incomplete, o.r inadequate information either received by the CITY or obtained through
monitoring and evaluation by the CITY shall constitute cause for the CITY to terminate this
Agreement.
6.5 RELATED PARTIES:
The SUBRECIPIENT shall report to the Department the name, purpose for and any and
all other relevant information in connection with any related -party transaction. The terrn
"related -party transaction" includes, but is not limited to, a for -profit or nonprofit subsidiary or
affiliate organization, an organization. with an overlapping Board of Directors and an
organization for which the SUBRECIPIENT is responsible for appointing memberships. The
SUBRECIPIENT shall report this infornnation to the Department upon fourning the relationship,
or if already formed, shall report such relationship prior to or simultaneously with the execution
of this Agreement. Any supplemental information shall be promptly reported to the Department.
ARTICLE VII
OTHER CDBG PROGRAM REQUIREMENTS
7.1 The SUBRECIPIENT shall maintain current documentation that its activities are CDBG
eligible in accordance with 24 CFR Part 570.201.
7.2 The SUBRECIP f INT shall ensure and maintain documentation that conclusively
demonstrates that each activity assisted in whole or in part with CDBG Funds is an activity
which provides benefit to low and moderate -income persons.
. 7,3 The SUBRECIPIENT shall comply with all applicable provisions of 24 CFR Part 570
and shall carryout each activity incompliance with all applicable federal laws and regulations
described therein.
7.4 =: The SUBRECIPIENT shall cooperate with the Department in infouuring the appropriate
:..citizen participation structures, including the appropriate area committees, of the activities of the
13
SUBRECII'IENT in adhering to the provisions of this Agreement. Representatives of the
SUBRECIPIENT shall attend meetings of the appropriate committees and citizen participation
structures upon theTequest'of the Qcitizen"participation officers or the Department.
7.5 The SUBRECIPIENT shall, to the greatest possible, give low -and -moderate -income
residents of the service areas opportunities for training and employment.
7.6 . The SUBRECIPIENT shall use the funds to carry out commercial rehabilitation activities
eligible under 24 CFR Part 570.202(a)(3). No other activities will be funded under this
Agreement, unless Work Program is amended in writing by mutual agreement.
7.7 The SUBRECIP1ENT shall carry out its Work Program in compliance with all Federal
laws and• regulations; described in Subpart K of' the CDBG Program regulation (24 CFR
570.600-612), which by this reference, is incorporated into and made a part of this Agreement.
7.8 The SUBRECIPIENT shall • not assume the CITY's environmental responsibilities
described in 24 CFR 570.604, of the CDBG Program regulations, and the Cris responsibility
for initiating the review process under Executive Order 12372.
7.9 NON-DISCRIMINATION:
The SUBRECIPIENT shall not discriminate on the basis of race, color, national origin,
sex, religion, age, marital or family status or handicap in connection with the activities and/or the
Work Program or its perfoiivance under this Agreement.
Furthermore, the SUBRECIPIENT agrees that no otherwise qualified individual shall,
solely by reason of his/her race, sex, color, creed, national origin, age, marital status or handicap,
be excluded from the participation in, be denied benefits of, or be subjected to discrimination
under any program or activity receiving federal financial assistance.
7.10 The SUBRECIPIENT and its subcontractors shall comply with the Davis -Bacon Act, the
Lead -Based paint Poisoning Prevention Act, and any other applicable laws, ordinances and
regulations.
7.11 The SUBRECLPIENT shall abide by the Federal Labor Standards provisions of U.S.
HUD Form 4010 incorporated herein as part of this Agreement.
7.12 UNIFORM •ADMINISTRATIVE REQUIREMENTS: The SUBRECIPIENT shall
comply with the requirements and standards of OMB Circular No. A-122, "Cost Principles for
Non -Profit Organizations and with the applicable requirements of 24 CFR Part .84 (the revised
OMB Circular. No. A-110).
14
7.13 RELIGIOUS ORGANIZATIONS/CONSTITUTIONAL PROHIBITION: If the
SUBRECIPIENT is or was created by a religious organization, the SUBRECIPIENT agrees that
all CDBG Funds disbursed -undertlis <Agreement,sha11 be subject to the conditions, restrictions,
and limitations of.-24.CFR Part 570.200(j).
In accordance with the First Amendment of the United States Constitution, particularly
regarding the relationship between church and State, as a general rule, CDBG assistance may not
b.e used for religious activities or provided to primarily religious entities for any activities,
including secular activities, as provided in 24 CFR Part 570.200(j). The :SUBRECIPTFNT shall
comply with those requirements and prohibitions when entering into subcontracts.
7.14. REVERSION OF ASSETS: Upon expiration/termination of this Agreement, the
SUBRECIPIENT must transfer to the CITY any CDBG Funds on hand at the .time of
expiration/tentination and any accounts receivable .attributable to the use of CDBG Funds.
7.15 ENFORCEMENT OF THIS AGREEMFNT: Any violation of this Agreement that
remains uncured thirty (30) days after the SUBRECIl'IENT's receipt of notice from the CITY
(by certified or registered mail) of such violation may, at the option of the CITY, be addressed.
by an action for damages or equitable relief, or any other remedy provided at law or in equity. In
addition to the remedies of the CITY set forth herein, if the SUBRECIPIENT materially fails to
comply with the terms of this Agreement, the CITY may suspend or terminate this Agreement in
accordance with 24 CFR Part 85.43, as set forth more fully below in Article IX of this
Agreement.
ARTICLE VTIII
PROGRAM I COME
8.1 Program income means gross income received by the SUBRECIPIENT which has been
directly generated from the use of the CDBG Funds. When such income is generated by an
activity that is only partially assisted with the CDBG Funds, the income shall be prorated to
reflect the percentage of CDBG Funds used. Program income generated by CDBG funded
activities shall be used only to undertake those activities specifically approved by the CITY on
- and for.the Work Program. All provisions of this Agreement shall apply to such activities. Any
program. income on hand when this Agreement expires/terminates or received after such
expiration/tennination. shall .be .paid -to the CITY, as required by 24 CFR 570.503(b)(3) of the
CDBG Program regulations.
15
The SUBRECIPTFNT shall submit to the CITY monthly a Program Income Report and a
Work Program Status Report. The Program Income Report shall identify CDBG activities in
which income was derived andtow income has been utilized
8.2 REPAYMENTS.: Any .interest .or other. return. on -the investment of the CDBG Funds
shall be remitted to the CITY on a monthly basis. Any CDBG Funds funded to the
SUBRECIPIENT that do not meet the eligibility requirements, as applicable, must be repaid to .
the CITY.
ARTICLE IX
REMEDIES, SUSPENSION, TERMINATION
9.1 REMEDIES FOR NONCOMPLIANCE: The CITY retains the right to terminate this
Agreement at any time prior to the completion of the services required pursuant to this
Agreement without penalty to the CITY. In that event, notice of termination of this Agreement
shall be in writing to the SUBRECIPIENT, who shall be paid for those services performed prior
to the date of its receipt to the notice of termination. In no case, however, shall the CITY pay the
SUBRECIPIENT an amount in excess of the total sum provided by this Agreement.
It is hereby understood by and between the CITY and the SUBRECIPTFNrT that any
payment made in accordance with this Agreement to the SUBRECIPIENT shall be made only if
the .SUBRECIPIENT is not in default under the terms of this Agreement. If the
SUBRECIPIENT is in default, the CITY shall not be obligated and shall not pay to the
SUBRECEPTFNT any sum whatsoever.
If the SUBRECIPIENT materially fails to comply with any teen of this Agreement, the
CITY may take one or more of the following courses of action:
9.1.1 Temporarily withhold cash payments pending correction of the deficiency by
the SUBRECIPIENT, or such more severe enforcement action as the CITY
determines is necessary or appropriate.
9.1.2 Disallow (that is, deny both the use of funds and matching credit) for all or part
of the cost of the activity or action not in compliance.
.9.1.3 .Wholly or_partly suspend or tenninate the cu Tent CDBG Funds awarded to the
SUBRECIPIENT.
- 9.1,4 Withhold further CDBG grants and/or loans for the SUBRECIPIENT.
• 9.1.5Take all such other remedies that may be legally available.
16
Notwithstanding any other provision of this. Agreement, if the SUBRECIPTFNT
materially fails to comply with any term of this Agreement, the SUBRECIPTFNT, at the sole
discretion of the CITY; °shall payto the CITY. an. amount equal to the current market value of any
real property,. under -the SUBR£CIPTFNT's control, acquired or improved in whole or in part
with CDBG Funds (including CDBG Funds provided to the SUBRECIPIENT in the forth of a
loan and/or grant), less any portion of the value attributable to expenditures of non-CDBG funds
for the acquisition of, or improvement to, the property. The payment is program income to the
CITY.
9.2 SUSPENSION:
9.2.1 The ' Department - may; for - reasonable cause, temporarily suspend the
SUBRECIPIENT's operations and authority to obligate funds under this
Agreement or withhold payments to the SUBRECIPIENT pending necessary
corrective action by the SUBRECIPTFNT, or both. Reasonable cause shall be
determined by the Department in its sole and absolute discretion, and may
include:
(i) Ineffective or improper use of the CDBG Funds by the SUBRECIPIENT;
(ii) Failure by the SUBRECIPIENT to materially comply with any tern or
provision of this Agreement;
(iii) Failure by the SUBRECIPIENT to submit any documents required by this
Agreement; or
(iv) The SUBRECIPIENT's submittal of incorrect or incomplete documents.
9.2.2 The Department may at any time suspend the SUBRECIPIENT's . authority to
obligate funds, withhold payments, or both.
9.2.3 The actions described in paragraphs 9.2.1 and 9.2.2 above may be applied to all or
any part of the activities funded by this Agreement.
9.2.4 The Department will notify the SUBRECIPIENT in writing of any action taken
pursuant to this Article, by certified mail, return receipt requested, or by in person
delivery_ with;.proof of delivery. The notification will include the reason(s) for
such action,_ any ,conditions relating to the action taken, and the necessary
corrective action(s). ,
. 17
9.3 TERMINATION:
9.3.1 Termination Because of Lack of Funds.
In the,event the GITY,does•not receive.funds to finance this Agreement from its
funding source, .or in the,,event,tha.t ,the..CITY's funding source de -obligates the
funds allocated to fund this Agreement, the Department may terminate this
Agreement upon not less than twenty-four (24) hours prior notice in writing to the
SUBRECIPIENT. Said notice shall be delivered by certified mail, return receipt
requested; or by in person delivery with proof of delivery. In the event that the
CITY's funding source reduces the CITY's entitlement under the CDBG
Program, the CITY shall. deteinnne, in -its sole and absolute discretion, the
availability of funds for the SUBRECIPIENT pursuant to this Agreement.
9.3.2 Termination for Breach.
The Department may terminate this Agreement, in whole or in part, in the event
the Department determines, in its sole and absolute discretion that the
SUBRECIPIENT is not materially complying with any term or provision of this
Agreement.
The Department may terminate this Agreement, in whole or in part, in the event
that the Department determines, in its sole and absolute discretion, that there
exists an event of default under and pursuant to the terns of any other agreement
or obligation of any kind or nature whatsoever of the SUBRECIPTFNT to the
CITY, direct or contingent, whether now or hereafter due, existing, created or
arising.
9.3.3 Unless the SUBRECIPTFNT's breach is waived by the Department in writing, the
Department may, by written notice to the SUBRECIPIENT, terminate this
Agreement upon not less than twenty-four (24) hours prior written notice. Said
notice shall be delivered by certified mail, return receipt requested-, or by in
person delivery with proof of delivery. Waiver of breach of any provision of this
Agreement shall not be deemed to be a waiver of any other breach and shall not
be_construed to be a modification of the terns of this Agreement. The provisions
hereofare not intended to .be, and shall not be, construed to limit the Department's
right to legal or equitable remedies.
18
ARTICLE X
MISCELLANEOUS PROVISIONS
10.1 INDEMNIFICA 'ION: The.SUBRECIPIENT shall pay and save the Cll'Y harmless
from and against,any.and,all.clauns,.liabilities, losses, and causes of action which may arise out ,
of the SUBRECIPIENT's activities related to the Work Program or otherwise under tliis
Agreement, including all acts or omissions to act on the part of the SUBRECIPIENT and/or any
persons acting for or on its behalf, and from and against any relevant orders, judgments, •or
decrees which may be entered against the CITY, and from and against all costs, attorneys fees,
expenses, and liabilities incurred by the CITY in the defense or investigation of any such claims
or other matters.
10:2 AMENDMENTS: No amendments to this Agreement shall be binding unless in writing
and signed by both parties hereto. Budget modifications shall be approved by the Department in
writing.
10.3 OWNERSHIP OF DOCUMENTS: All documents developed by the SUBRECIPIFNT
under this Agreement shall be delivered to the CITY upon completion of the activities required
pursuant to this Agreement and shall become the property of the CITY, without restriction or
limitation on their use if requested by the City. The SUBRECIPIENT agrees that all documents
maintained and generated pursuant to this Agreement shall be subject to all provisions of the
Public Records Law, Chapter 119, Florida Statutes.
It is farther understood by and between the parties that any document which is given by
the CITY to the SUBRECIPIENT pursuant to this Agreement shall at all tunes remain the
property of the CITY and shall not be used by the SUBRECIPIENT for any other purpose
whatsoever without the prior written consent of the CITY.
10.4 AWARD OF AGREEMENT: The SUBRECIPIENT warrants that it has not employed or
retained any person employed by the CITY to solicit or secure this Agreement and that it has not
offered to pay, paid, or agreed to pay any person employed by the CITY any fee, conunission,
percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this
Agreement.
10.5 NON-DELEGABILITY: • The•obligations undertaken by the SUBRECIPIENT pursuant
to. this. Agreement shall, not be .delegated or assigned to .any other person or firm, in whole or in
;=:..part, without the CITY's.prior written consent which maybe granted or withheld in the CITY's
sole discretion.
19
10.6 CONSTRUCTION OF AGREEMENT: This Agreement shall be construed and enforced
according to the laws of the State of Florida.
10.7 CONFLICT OF INTEREST:
10.7.1 The. SUBRECIPIENT-.covenants that no person under its employ who presently
exercises any functions or responsibilities in connection with CDBG Program
funded activities has any personal financial interest, direct or indirect, in this
Agreement. The SUBRECIPIENT further covenants that, in the performance of
this Agreement, no person having such a conflicting interest shall be employed.
Any such interest on the part of the SUBRECIPIENT or its employees must be
disclosed in writing to the CITY.
10.7.2 The SUBRECIPTFNT is aware of the conflict of interest laws of the City of.
Miami (City of Miami Code Chapter 2, Article V), Miami Dade County, Florida
(Dade County Code Section 2-11-1) and the State of Florida (Chapter 112,
Florida Statutes), and agrees that it shall comply in all respects with the teens of
the same.
10.7.3 PROCUREMENT. The SUBRECIPIENT shall comply with the standards
contained within 24 CFR Part 84 (the revised OMB Circular No. A-110).
10.7.4 In all other cases, the .SUBRECIPIENT shall comply with the standards contained
within 24 CFR 570.611
10.8 NO OBLIGATION TO RENEW: Upon expiration of the ten.n of this Agreement, the
• SUBRECIPIENT• agrees and understands that the CITY has no obligation to renew this
Agreement.
10.9 ENTIRE AGREEMENT:
This instrument and its attachments constitute the only Agreement of the parties hereto
relating to the CDBG Funds and sets forth the rights, duties, and obligations of each of the
parties hereto to the other as of its date. Any prior agreements, promises, negotiations, or
representations not expressly set forth in this Agreement are of no force or effect.
10.10 GENERAL CONDITIONS:
10,10.1 All notices, or .o.ther. communications which shall or may be given pursuant to
this Agreement shall be in writing and shall be delivered by in person delivery
or by.registered.mail addressed to the other party at the address indicated herein
or.as the same may be changed from time to time, upon notice in writing. Such
20
notice shall be deemed given on the day on which personally served, or, if by
mail, on the fifth day after being posted or the date of actual receipt, whichever is
earlier.
CITY OF MIAMI
George Mensah. Director
Department of Community Development
444 Southwest 2nd Avenue, 2nd Floor
Miami. Florida 33130
SUBRECIPIENT
Camara de Comercio Latina de los Estados Unidos, Inc. (CAMACOL)
735 N.W. 22 Avenue
Miami. FL 33125
10.10.2 Title and paragraph headings are for convenient reference and are not a part of
this Agreement.
10.10.3 In the event of conflict between the teens of this Agreement and any terms or
conditions contained in any attached documents, the terms in this Agreement
shall control.
10.10.4 No waiver of breach of any provision of this Agreement shall constitute a
waiver of any subsequent breach of the same or any other provision hereof, .and
no waiver shall be effective unless made in writing.
10.10.5 Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid,
illegal or otherwise unenforceable under the laws of the State of Florida or the
City of Miami, such provision, paragraph, sentence, word or phrase shall be
deemed modified to the extent necessary in order to conform with such laws, or
if not modifiable to conform with such laws, then same shall be deemed
severed; -and --in either event, the remaining terns and provisions of this
Agreement shall remain unmodified and in full force and effect.
10.1.1 INDEPENDENT CONTRACTOR: THE SUBRECIPIENT and its employees
and agents shall be deemed to be independent contractors and not agents or
21
employees of the. CITY, and shall not attain any rights or benefits under the Civil
Service or Pension Ordinances of the CITY or any rights generally afforded
classified or unclassified employees; further, they shall not be deemed entitled to
the Florida-Worker'.s Compensation benefits as employees of the CITY.
10.12 SUCCESSORS AND ASSIGNS: This Agreement shall be binding, upon the
parties hereto, and their respective heirs, executors, legal representatives,
successors, and assigns.
22
ATTES
Bv:
10.13 SUBRECIPIENT CERTIFICATION. The SUBRECIPIENT certifies that it
possesses the legal authority to enter into this Agreement pursuant to authority that has
been duly adopted or passed as an.official act of the SUBRECIPIENT's governing body,
authorizing the execution of the Agreement; including all understandings and assurances
contained herein, and directing and authorizing the person identified as the official
representative of the SUBRECIPIENT to act in connection with this Agreement and to
provide such information as may be required.
SUBRECIP I I-NT
Camara de Comercio Latina de los
Estados Un>idos, Inc. (CAMACOL)
735 N.W. 22 Avenue
Miami, FL 33125
a State of Florida not -for -profit corporation
ame: JOE L . CHI
Title SECRETARY
CORPORATE SEAL
ATTEST:
Date9/30/09 am m— tSLF,C'i MARTINEZ Date 9/30/09
Title: EXEC TIVE DIRECTOR
By: .1. „ , (2,;,,9) 4,7 -- t�
Priscilla A. Tho ip o,n Date
City Clerk
i/
/
APPROVED AS TO'
INTSURANCE`REQ IREMENTS:
/
By.
p
CITY OF MIAIvII, a municipal
Corpor, o :'' f the State of Florida
By:
Pedro G. Hernandez, P.E.
City Manager
APPROVED AS TO FORM AND
CORRECTNESS:
6
LeeAi n Brehmv \Da1te xxrlie O. Bru
'\.. Risk Management .City. Attorney
Date
ate
23
City of Miami
Text File Report
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 09-00605
Enactment #: R-09-0295
Version: 2
Type: Resolution
Introduced: 5/22/09
Status: Passed
Enactment Date: 6/18/09
Controlling Body: Office of the City
Clerk
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING
THE ALLOCATION OF 35TH PROGRAM YEAR 2009-2010, COMMUNITY DEVELOPMENT
BLOCK GRANT ("CDBG") FUNDS, IN THE AMOUNT OF $4,077,916 IN THE ECONOMIC
DEVELOPMENT CATEGORY, TO THE AGENCIES SPECIFIED IN ATTACHMENT "A,"
ATTACHED AND INCORPORATED, FOR ECONOMIC DEVELOPMENT ACTIVITIES IN THE
35TH PROGRAM YEAR BEGINNING OCTOBER 1, 2009; AUTHORIZING THE CITY MANAGER
TO EXECUTE AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH SAID
AGENCIES, FOR SAID PURPOSE.
WHEREAS, federal regulations require the City of Miami ("City") to provide an opportunity for citizen participation in
the planning process for the United States Department of Housing and Urban Development ("U.S. HUD") related grant
activities; and
WHEREAS, a series of public hearings were held in each City Commission District to solicit public participation in the
planning process for each District's U.S. HUD related grant activities; and
WHEREAS, public hearings were duly advertised to provide public notice regarding the proposed use for said grants;
and
WHEREAS, the Administration recommends the allocation of 35th Program Year Community Development Block Grant
("CDBG") funds, in the amount of $4,077,916, in the Economic Development category, to the agencies specified in
Attachment "A," attached and incorporated, for economic developmentactivities in the 35th Program Year beginning
October 1, 2009;
NOW, TI-IEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2..The allocation of 35th Program Year CDBG funds, in the amount of $4,077,916, in the Economic Development
category, to the agencies specified in Attachment "A," attached and incorporated, for economic development activities in
the 35th Program Year beginning October 1;.2009, is authorized.
Section 3. The City Manager is authorized { 1 } to execute Agreement(s), in substantially the attached form(s), with said
agencies, for said purpose.
City of Miami Page 1 Printed on 10/6/2009
Section 4, This Resolution shall .become effective immediately upon its adoption and signature of the Mayor. {2)
City of Miami Page 2
Printed on 10/6/2009
- C1Y
EA-libt A
City of Miami
Department of Community Development
Community Development Block Grant
Economic Development Funding Recommendation FY09-10
. . •
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•
Commercial Facade Trealrfteril/Comtnercial Code
Compliance
Contractors Resource Center, Inc.
Technical Assistance to privite for profit enfilites
-.
$125,000
$125,000
Downtown Miami Parinership, Inc.
Technical Assistance to Private for profit enfiVes
$120,000
.
$120,000
Camara de Comercio Lana de las Estedos
Unidos, Inc. (CAMACOL.)
Commercial Facade Treatment/Commercial Code
Compliance
$150,000
$100,000
$250,000
Neighbors and Neighbors ASsociafion, Inc, .
•
Technical Assistance to Micro Enterprises
"
$200,000
$200,000
Rafael Hernandez HousTng and Economic
DevelopmentCorp
Commeraal Builtrmg RetratAita5on Pitot Project
$300,000
$300,000
Rafael Hernandez Housing and Ecanotnic
Development Corp_
CothrnercialFagadeTnnient/COmMercial Cade •
CoMpGance .
$50,000
550,000
Fanm As -yen Nan Viyami, Inc_ .
TethnIcalAssist' ancpto Micro Enterprises
•
1
$50,000
$50,000
Cy of Mann DepartMent of Community 1
Development Loan FilotProgram fprofft
Special Economic DevelopmentAssista. nce to Private for-
enfites
•
$78,760
552,400
$131,100
City of Miami Department of Commimity
Deviatopm.
ent
Facade Constucion Cost
0.
- -
$1350,000
$750,000
$500,000
$250.000
• .
$2,150,000
Fenn' AyiSyen Nan tvflyarni, Inc.
EcOnornic Development Actvifies
50,000
$50,000
Economic Development Unalfoted .
Eoonornic DevelopmentAc0il5es
$75,362
$191,687
$66
$253,700
$521,815
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EXHIBIT B - WORK PROGRAM
COMN'OERCIAL FACADE
COMMERCIAL FACADE
1. The SUBRECIPIENT understands that the National Objective is Area Benefit. Only
activities in areas with a percentage of low and moderate income persons in excess of 51
percent as per 24 CFR 570.208 (a)(1)(i) can be undertaken by the SUBRECLPTFNT. To
determine if an area complies with these requirements, the SUBRECIPIENT must
adhere to the following steps:
I. SUBRECIPIENT must identify what area is being served by the business (ak.
Defined Service Area).
II. SUBRECIPIENT must ensure that the Defined Service Area is primarily
residential.
III.. SUBRECIPIENT must determine which census tracts and block groups or
portions thereof, up to three miles from the location of the business, comprise
the Defined Service Area.
IV. SUBRECIPIENT must determine that the number of low and moderate
income persons being served in the Defined Service Area is 51% or higher in
the following manner:
V. If the percentage of low and moderate income persons in the Defined Service
Area is 51% or higher, then the SUBRECIPIENT can undertake this activity.
VI. The SUBRECIPIENT will provide ;assistance under the Commercial Facade
Treatment Program and the CITY will only approve or pay for a facade
project for businesses located in a Defined Service Area meeting all these
conditions as per 24 CFR 570.208 (a)(1)(i).
2. The SUBRECIPIENT will provide assistance under the Conunercial Facade Treatment
Program to eligible businesses located in the district from which the SUBRECIPIENT
was funded.
3... Eligible .facade treatments include signs, shutters, showcase window, doors awnings,
pressure cleaning and paint.
4. The dollar_:limitation. for facade treatments is $10,000.00 per business. The business
owner will be responsible to pay for any amount over the $10,000.00 limit.
1
5. To be eligible the entity must be an operating for profit business having an occupational
license for that type of business and a certificate of use for that location. The facade
prog, •am is per business address and license; not solely by the number of licenses.
6. The business must have access to the exterior of the building. To participate, one of the
following conditions must be met:
• a commercial establishment / business / storefront that is located on the first floor
with street access, on a commercial corridor or commercial pedestrian walkway:
• a commercial establishment / business / storefront located above a first floor, in a
building that has direct open access to a commercial corridor so that the business
entrance can be visible and accessible from the outside.
7. If. the building has mixed use (commercial and housing), no part of the Commercial
Facade Treatment can be used for the housing portion of the building.
8. The environmental clearance letter is the authorization (Letter of Commencement) for the
project. Work cannot begin until the environmental process is completed and the agency
receives written authorization to proceed.
9. SUBRECIPIENT will not submit an activity for approval whose Letter of Laterest is
incomplete or dated more than six (6) months prior to the date of submission for the
approval of the City of Miami.
10. The CITY will compensate the SUBRECIPIENT for their implementation of a project
after the work for each treatment is completed.
11. SUBRECIPIENT- will obtain bid specifications from the contractors that are very
detailed and include information on the exact'workto be done, time period in which
work must be completed, products and work guarantees, and costs.
If the business owner selects a contractor other than the lowest responsive bidder,
SUBRECIPIENT understands that the Department of Community Development will only
reimburse the SUBRECIPIENT the amount that would have been paid to the lowest
responsive bidder.
12: SUBRECIP.IENT .Will make certain that Contractors have a "Certificate of Competency
and .occupational license. Contractors cannot use the license, bonding or insurance of
another contractor. toksenTein_lieu of the one they are required to have :by law. A -letter..
stating that:
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• "a qualifier for Contractor A authorizes Contractor B to develop work using my
license"
• "the owner of Contractor A authorizes Contractor B to work under our license
and insurance"
• "contractor licensee A authorize contractor B to operate and work where electrical
licensee A will sign and oversee all work that will require my authorization"
IS NOT ACCEPTABLE!
SUBRECIPIENT will make sure that when required a contractor will hire another
contractor as a subcontractor to do a job in order to complete a project as long as the
proposed subcontractor is licensed, bonded and insured. SUBRECIP.TFNT will make
sure that there is a subcontractor agreement, The subcontractor will apply for the
permit, perfotuu the work, request the final inspection and provide proof of the
passing inspection to the contractor.
13. All contractor and subcontractor(s) agreements must incorporate HUD Form. 4010 and
the applicable wage decision for the project. Copies of the Certified Payrolls (HUD
Form WH-347) for all subcontractors and the contractor along with the applicable wage
determination must be included in the commercial facade reimbursement request.
14. The 35th CDBG Program Year ends September 30, 2010. Therefore, any project
completed by September 30, 2010 will count towards the 35th Program Year
. accomplishments. SUBRECIP1ENT understands that a completed project is one that
has been acknowledged as completed by all parties, with a fully signed Final Payment
Release Authorization fonn.
Economic Development Facade Providers will have until October 30, 2010 to turn in
the final reimbursement request. The final reimbursement request might not be
process if the close out package has been properly completed and :submitted to the
Departrnent of Community Development by the due date.
15. The SUBRECIPIENT understands and agrees that the CITY will not issue any
reimbursement: checks while the SUBRECIPIENT ,is -in :arrears of. its...requirement. to.
provide _the CITY with monthly reports, which are due not later than the 10th of the
following.rnonth: These monthly reports are to be.submitted using Form F 102..:....;
.16...The work perfoinied under this Work Program shall be subject to inspection and approval
by the CITY.
17. The SUBRECIPIENT agrees to comply with the City of Miami Commercial Facade
Treatment Program Policies and Procedures Manual, which is a part of this contract, as
the same may .be amended by the CITY in its sole discretion from time to time, by
Program Directives.
18. By signing below, the SUBRECIPIENT hereby acknowledges receipt of the City of
Miami Commercial Facade Treatment Program Policies and Procedures Manual.
Name: ADOLFO MARTINEZ �...� Date: 9/30/09
Agency:
LATIN CHAMBER OF COMMERCE OF THE USA, INC. (CAMACOL)
City of Miami
State of Florida
The foregoing instument was aknowledged before me this 30th day of September,
2009 by ADOLFO MARTINEZ who is personally known to me or who
produced FLORIDA DRIVER's LICENSE as identification, and who did/not take
an oath.
NOTARY PUBLIC:
Signature
b/:; W5 0
My Commission expires
-f-rinted--Name - -
m n EAL i.
mono
ilk ° ttt c • Sties of ,., .eh COAL War Oat �.
Commission 000 gatti00
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EXHIBIT C - COMPENSATION AND BUDGET SUMMARY
COABIERCIAL FACADE
A. The CITY will compensate the SUBRECIPIENT on a performance basis for the
Commercial Facade Program. The CITY will compensate the agency at a rate of 20% of
the actual project costs up to a maximum of $10,000.00 per business, or a maximum of
$2,000 per business location.
B. The SUBRECIPIENT will complete a minimum of 125 facade projects.
C. The maximum total compensation for this Agreement shall be S250,000.00.
, C0
D. SUBRECIl' I liNT understands that there are up to $.1,250or the projects hard costs
and that the CITY will not reimburse the SUBRECIPTENT and/or contractors for project
costs exceeding this ainount.
E. SUBRECIP I I-NT's Itemized Budget, Cost Allocation, Budget Narrative, Staff Salaries
Schedule are attached hereto and made part of this -contract.
F. During the term hereof and for a period of five (5) years following the date of the
payment made hereunder, the CITY shall have the right to review and audit the related
records of the SUBRECIPTENT pertaining to any payments by the CITY.
G. Requests for payment should be made at least on a monthly basis in a form to be
provided by the Department. Reimbursement requests should be subinitted to the CITY
within thirty (30) calendar days after the indebtedness has been incurred in a form
provided by the Department.
H. The SUBRECIPIENT must submit the request for final payment to the CITY within 30
calendar clays following the expiration date or termination date of this Agreement in a
form to be provided by the Department. If the SUBRECIPIENT fails to comply with this
requirement, the SUBRECIPIENT shall forfeit all rights to payment and the CITY shall
not honor any request submitted thereafter.
I. - - _:Any payment due under this Agreement may be withheld pending the receipt and
;approval by 'the :CITY of all reports due from .the SUBRECIPIENT as a part of .this
Agreement and any modifications thereto.
Name: - ADOLFO MARTINEZ
ts.. Date:
9/30/2009
Agency: LATIN CHAMBER OF 1MME1 E OF THE USA, INC (CAMACOL)
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