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HomeMy WebLinkAboutR-78-0194tt P C / r b 3/16/18 RESOLUTION NO. 7 8 `' 1 9 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO THE ATTACHED AGREEMENT WITH THE COCONUT GROVE GRAPHIC ARTS PROGRAM; WITH FUNDS THEREFOR ALLOCATED FROM THIRD YEAR COMMUNITY DEVELOPMENT BLOCK GRANT -SOCIAL SERVICES PROGRAM TRUST AND AGENCY FUND, IN THE AMOUNT OF $9,800. WHEREAS, the City Commission allocated $16,000 to Coconut Grove Tenant Education by Ordinance No. 8674 and Ordinance No. 8639; and WHEREAS, Coconut Grove Tenant Education has dis- continued services in the Coconut Grove area with an unexpended balance of $9,800; and WHEREAS, the Coconut Grove Task Force and the Com- munity Development Office have recommended that the remaining balance be allocated to the Coconut Grove Graphic Arts Program; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF M1AMI, FLORIDA: Section 1. The City Manager is hereby authorized to enter into the attached agreement with the Coconut Grove Graphic Arts Program. with funds therefor hereby allocated in the amount of $9,800 from Third Year Community Development Block Grant -Social Services Program Trust and Agency Fund to cover the period commencing March 23, 1978 through June 30, 1978. PASSEL) AND ADOPTED this 23rd day of March , 1978. ATT Maurice A. Ferre MAURTCE A. FERRE, MAYO R -'24,1‹..e,) RAL;II C.'ONCIE, CITY CLERK PREPARED AND APPROVED BY; 14' it_ ROBERT F. CLARK, ASSISTANT CITY ATTORNEY APPR AS Tt) FORM ANI) COR 7-- ______-1��-- GEURCE F, / NON, JR,, CITY AT D pDUMEN INDEXtv CITY COMMISSION MEETING OF MAR ? 3 1978 RESOLUTION Na. 4 8 w 1 9 CITY OF MIAMt, 1LOR1UA AGREEMENT FOR USE 0P FEDERAL COMMUNITY DEVELOPMENT HT FUNDS Coconut Grove Graphic Arts Program Address: 3J43 Grand Avenue Miami, 1a. �.._ Zip: 33133 �,... Mailing Address: $ame as _above , Funding tor Period: March 23, 1978 Zip: to June 30, 1978_-. As a necessary part of this Agreement, the following items must be attached: 1.'Work Program (Include a description of the geographic area to be serviced and an approximation of the numbers of persons anticipat ed to be served). 2. Budget on forms supplied by the City. 3, hist of key stiff persons with titles who will carry out this program. 4. Copy of current fidelity bond. S. Copy of Agency's Articles of Incorporation or Charter. 6. List of principal governing board officers and its members. 7. Statement of accounting system. 8. Authorized representative. CERTIFICATION ft LLU Y1 I. certify that I am the for (Legal Representative) (Title) named as Agency herein; and that _ was then the of said Agency; that said Agency, by authority of its governing body, is within the scope of its powers. S(nature uf—FeWir Kepreseutat�.v ' Ar a1 fist NT 01i tig1;., of OIT 01 _.. Wt. riJi)i;kAL Co 1f ItUNft? 0EVELON4i tot 1 t1NDS Fhtt ;N `I`t`L M1:N`ii i'ERIOII rttOM .._ Mareh ?3,.._ 1978. TO June 30, 1978 AG121s1M1:NT THIS AGREEMENT, entered into by and between the City of Miami, a polit- ical subdivision of the State of i+lorida, hereinafter referred to as the "City", and hereinafter referred to as he Agency", a body cor»orate duty organi2ed and existing under and by virtue of the laws of the State of Florida as a non-profit corporation, having its principal office at this day is of March 23 , I9-7 8, for the period beginning March 23, 1978, and ending ---June 30 , 1978. PART I PURPOSE AND OBLIGATIONS 1. Purpose of A&ceenent The purpose of the Agreement is to state the covenants and conditions under which the Agency is to implement its `715-rogram or Project) 2. Obligations ofiencv The Agency agrees to carry out the project as described in its attache( work program in a lawful, satisfactory, and proper manner. The Agency shall not perform in a way inconsistent with the terms of the work program except as authorized in writing by the City. Such authoriza- tion by the City shall be subject to and in accordance with prescribed guidelines. 3. Compliance with Federal, State and Local Laws Both parties shall comply with all applicable laws, ordinances, and codes of the Federal, State and local governments. Specifically, the provider agrees to comply with the Housing and Community Development Act of 1974, Section 109; with Executive Orders 11246 and 11063; and with Section 3 of the Housing and Urban Development Act of 1968 (Section 570.303). 4. Contract Modification The City or the Agency, may from time to time, request changes in the scope of the services to he performed hereunder. Such changes, in- cluding an increase or decrease in the amount of Agency compensation, which are mutually agreed upon by and between the City and the Agency, must be incorporated in written amendments to this Agreement, follow- ing approval thereof by the City Commission. -2- 1 4 PART It WORK .PROD (A description of the Agency's project work program is attached hereby incorporated and made a part of this Agreement). PART I l l COMPENShT/ON METHOD, zCONDITIONS OP PAYMENT AND TIME OP OF _PAYMENT 1. MaXimum_Conpensation The Agency agrees to accept as full payment for services rendered in a manner satisfactory to the City, the actual amount of budgeted, eligible and City approved expenditures and encumbrances made by the Agency for the purpose of carry- ing out tho survicou hereunder during the period of this Agreement. It is expressly understood and agreed that In no event shall the total compensation and/Or reimbursement to be paid hereunder exceed the maximum sum of $ 9,890.00 2. Budget Summary 1) The budget summary attached hereto is hereby incorporated and made a part of this Agreement. Funds may not be Shifted by the Agency within and between line items of the budget without approval of the City. Adjustments in the work pro- gram amendments thereto, or revision thereof, as may here- after be prepared, shall be effective for any purpose unless and•only to the extent concurred in by the City and consistent with applicable HUD Federal regulations and guidelines. 3. Method of Payment Upon execution of this Agreement and with a written request from the Agency the City shall advance 1/6 of the appropri- ated funds to the Agency. A11 payments thereafter shall be reimbursements for expenditures incurred, and in compliance with a previously approved line item budget. Such written request shall contain a statement declaring and affirming that all disbursements were made in accordance with the approved budget. All documentation in support of such re- quest shall be submitted to the City at the time request is made and all invoices should have been paid by Agency prior to submission. 4. Conditions on which Payment is Contingent A. Bonding and Insurance Prior to the disbursement of funds to the Agency, the City shill receive assurance that all persons handling funds received or disbursed under this Agreement, are covered by public Liability, Workmen's Compensation, Automobile and Contractural Liability insurance in an amount consistent with sound fiscal practice and with the coverage deemed necessary by the City Finance Department. No modification or change in insurance shall be made without thirty (30) days' written advance notice to the City of Miami. "SUPPORTI"EEr F' JLLOW„ tt , l _t ttattc i .tl Ace ct t b ii t i ty At any lime Or titres prior to finat paymeui tinder this Agteettttut the City May have the Agency's nc y`s f itlahci.tl. t e— ccittds audited, Peach payment theretofore made shall be subject ld rtscluc',tion for amounts included in the related invoice or vouehee which are found by the City Manager, on the basis of such audit, not to constitute allowable cost. Atty payment may bu reduced for paythents or iti= creased for underpayments, oft preeeding invoices or vouchers. C. Out of Town Travel Travel which has received prior written approval of the City will be reimbursed according to State of Plorida Statutes 72-217, Central Laws of 1972, and City Admin- istrative Directive 2.5, Travel on City Business, as stet forth on October 9, 1969. D. Subcontracts None of the work or eervices including, but not limited to, consultant work or services covered by thin Agreement shall be subcontracted without the prior approval of titea City. Any work or services sttbcoetracted hereunder she./.1 be specified by written contract or"agreement and shalt be subject to each provision of this Agreement. Proper docu- mentation in accordance with the Hot.\sj.ng and Community Development Act of 1974 and City guidelines must be salt-- mitted to and approved by the City prior to the execution of any subcontract hereunder. E. Reports, Audits, and Evaluations The City shall cooperate with the Agency in the conduct rof ,activities delegated under this Agreement as reasonably :re- quested. The Agency agrees to submit to the City such reports as may be required by the U.S. department of Hotsing and Urban Development, or Office of Community Development; and a quarterly report to the City comparing expenditui .s to the approved budget. The Agency also agrees to prepare and retain and permit the City to inspect as it deems necessary for grant purposea records that may be relevant to Federal, State or local directives. The Agency further agrees that the City rna, carry out monitoring and evaluation activities to incltni.e at a minimum, visits and observations by the City staff and will effectively ensure the cooperation of the Agency's employees and board members in such efforts. Whenever reports, forms, etc., are required of the Agency herein, 15 days prior notice in writing of such shall le provided wherever possible. The Agency shall preservoand make available its records until the expiration of three years fr.otn the date of final payment under this Agreement and for such longer periods, if any, as is required by applicable Federal, State, or local laws. 5. Time of Performance Thi s Agreement ,hall become effective upon execution, and the ser vircr; of the Agency are to commence as soon as practicable after execution and shall be undertaken and completed in light of the purposes of this Agreement; but in any event all services requiret hereunder shell be completed by June 30, 19i8 4 I'Atei' IV OqIWfi,.h.e0NOt`r tc NS 1. niLY 1 ve101m eqt-PUttds as a gOtitt dt' MOghintYPhdg Conimuhity bevelopmdht funds received under this Agreement nay be used as a local match to obtain pederal funds in Accord with the )lousing and Urban Development Act of 1974, Subpart C, Section 576.2C , #h, Eligible Activities. Written notice of intent to use these funds as stated above must be received by the Office of Community Development prior to such use. 2. Es14.1122asorlaatz The Agency agrees that there will be no discrimination agaL st any employee or person served on account of race, color, sex, religious creed, ancestry, or national origin in its performance of this Agreement; and it is expressly understood that upon the receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the great oat feasible extent lower income realdents of the Community Development project target area (a) shall be given opportunities for training and employment and eligible busb.ess concerns located in, or owned in subslcantial part by, persots residing in the project target area (s) shall be mwa.rded cot. - tracts in connection with the project.. 3. Conflict of Interests No official or employee of the Agency may be admitted directly or indirectly to any share or part of this Agreement or to any benefit to arise from the same nor own or acquire army personal interest in any property, contract or proposed contract which would conflict with or relate to the performance, Lbeir dutim s or responsibilities under this Agreement. If any ash person presently or in the future acquires, owns or controls any aur:h share, benefit, or personal interest, he shall immediately dL s- close such share, benefit, or personal interest to the City. Upon such disclosure such person shall not continue his partiici- pation unless it is determined by the City that his participation is not contrary to public interest. The Agency will complydv'ith all Federai,State, and local conflict of interest laws and nae:— quirements. 4. Purchasing and Inventory The Agency agrees to use its best efforts to obtain all sup:A ies and equipment for use ,ender this Agreement at the )lowest p ctica cost and unless otherwise authorized in writing bathe Cityt4anag or his designee, agrees to use the procurement of sources email - able to it to the extent applicable to all Federal, State, and local laws. All non -expendable properly acquired for the program with Com- munity Development Funds will revert to the City unless otherwise provided for, such non -expendable property being !properties which will not lw consumed or lose its identity. The Agency shall be responsible to the City for any damage or dc;,truction to said property and shall reimburse the City:for such damage unless the City or its employees shall have caused the damage. The Agency shall establish and maintain a property contrnl system and shall be responsible for maintaining a current inventory on all capital items purchased with Community Development funds. Thi.! will include listing on a property record by description, model, serial number, date of acquisition arid cost. Such property shall. be invcnt•oricd annually, and an inventory report submitted to the Office of Community Development. 5 ►,, tIlI$ t t t pt i l l o:. I to ;:wI I 1110 M i nor i ty bw. i tio!oalin The Agency in the tirocurercn1 of supplies, equipment, construe - lien, or servloos to implement this project shall make a positive effort to utilize small business and minority awned business sources of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be per.. formed pursuant to this Memorandum of Agreement. To the maximum extent feasible these small business and minority owned business sources shall be located in or owned by residents of the Comfunit Development Target area(s) designated by the City of Miami in the" Community Development Grant Application approved by the U.S. Depe merit of Housing and Urban Development. G. Citizen Partic pAGion The Agency shall cooperate with the Office of Community Develop- ment in informing the appropriate Community Development Citizen Participation Structure(s) including the appropriate Target Area Committee(s) of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency sh+a& attend meetings of the appropriate Committee (s) and Citizen Part] cipation Structure(e) upon the request of the Citizen Participate Officers, the Office of Community Development, and/or Dade Count 7. Indemnification The Agency understands and agrees that.it is an independent con- tractor that agrees to indemnify and hold harmless the Cityfrom liability of any kind, including costs And expenses for or on account of any or all suits actual or threatened or damages aria' out of the facility. The Agency will presant prpof of coverage of liability which is acceptable to the City. Xh addition, the Agency will hold the City harmless amd will in- demnify the City for funds which the City is obligated to refund to the U.S. Department of Housing and Urban Development arising cut of the conduct of activities and administration of the Agene) 6. Terthinat_ton The City, by giving reasonable written notice specifying the effective date, may terminate this Agreement in whole ex in part for cause which shall include: (1) Failure, for any reason, of the Agency to fulfill in a timely and proper manner its obliga- tions under this Agreement including compliance with the approve work program and attached conditions and such directives as may become generally applicable at any time; (2) Submission by the Agency to the City of reports that are incorrect or isoomplete 1 any material respect; and (3) Ineffective or improper use of fun provided under this Agreement. 6 • IN WITNng8 WittntICW, the patties hereto have caused this Agreement to be executed it their name by their duly authorized officers and the corporate seal* to be affixed hereto, dii as of the day and year first dbove written. 8igned, Sealed And Delivered in the Presence Oft Approved as to form and correct City Attorney) Tlit cITY or MIAMI 8y Attest: By (City Manager (city Clerk) Attest "SUPPORTIVE DOCUMENTS FOLLOW" AGENCY REPRESENTATIVE AUTHORIZED TO RECEIVE AND btSBURSE FUNDS 'itie: Address: 3743 Grand Avenue,_ Miami,_ Fla. _ 33133. phone: 448-4513 Make checks to the order. of: (Authorized kepresentative) .9. ZPrincipal Officer) "SUPPORTIVE 1,,-.f I ENTS FOLLOW" LLOW" • it? otMtAMt Expenditure Category ,. City rortion other VUnding Total &the (3), (1) $9,800,00 ti (2) UPPORT1VE OCUMENTS FOLLOW" 0.01.4.1titttTy„..D_P„'Nn.Loymq..„,....4.gpovr. 1,17.719.1.0 Salaries Fringe Benefits Contractual Services Commodities 1 1 City Portion Other Funding Total Budge (A) (2) (3) "SUPPORTIVE DOCUMEN S FOLLC)W' 4^41 CITY OF MIAMi, rLORiDA iNTER•oFricE MEMOEANtitUM Orasske ity Manager R.W. Parkins, Director Department of Citizens Services DATE r L0 IJRES March 14, 1978 FILE• Coconut Grove Graphic Art Program The City Commission originally allocated $16,000 of Third Year Community Development Funds to Coconut Grove Tenant Education Association of Miarni. The association has since discontinued services to the Coconut Grove area and there is a remaining balance of 9,800.00. The Coconut Grove Task Force and the Community Development office have recommended Coconut Grove Graphic Arts Program to be funded for the remainder of the year in the amount of $9,800.00. Attached you will find the legislation necessary to implement this allocation and the contract between the City and Coconut Grove Graphic Arts Program for your review and approval. RWP/gr Enc: tn: rHo1M 10 ibesph R. Grassie City Manager FLORICA INTER-CFItz MEMORANDUM . Parkins, Director Citizen Services Department March 11, 1978 FILE: Coconut drove Graphic Art Program REFERENC r9: ENCLe,sut•Es The City Commission originally allocated $16,000 of Third Year Community Developments Funds to Coconut Grove Tenant Education Association of Miami. The association has since discontinued services to the Coconut Grove area and there is a remaining balance of $9,800.00. The Coconut Grove Task Force and the Community Development office have recommended Coconut Grove Graphic Arts Program to be funded for the remainder of the year in the amount of $9,800.00. This program is a commercial rehabilitation program designed to improve the physical appearance of selected street objects, storefronts and signs in Black Grove. The objective of this project will include a restoration of storefronts with motifs and murals within the heart of Black Grove. This allocation will provide the preliminary Research Stage of the development of a four year project to upgrade this area. Attached you will find the legislation necessary to approve this allocation and the contract between the City and Coconut Grove Graphic Arts Program for your review and approval. RWP/RCL/slm