HomeMy WebLinkAbout23529AGREEMENT INFORMATION
AGREEMENT NUMBER
23529
NAME/TYPE OF AGREEMENT
MARTIN LUTHER KING ECONOMIC DEVELOPMENT
CORPORATION, INC.
DESCRIPTION
AMENDMENT #1 TO CDBG AGREEMENT/NEIGHBORHOOD
ECONOMIC DEVELOPMENT PROGRAM/FILE ID: J-92-505/R-92.
0459
EFFECTIVE DATE
February 4, 1993
ATTESTED BY
WALTER FOEMAN
ATTESTED DATE
2/8/1993
DATE RECEIVED FROM ISSUING
DEPT.
2/8/1993
NOTE
DOCUMENT LOG FORM/CITY MANAGER'S OFFICE ..
Name of party(ies): MARTIN LUTHER KING ECONOMIC DEVELOPMENT
CORPORATION, INC- (MLKEDC)
Document type: CONTRACT !AGREEMENT V-- E417/
p.
Purpose: TO IMPLEMENT A NEIGHBORHOOD ECONOMIC
7
DEVELOPMENT PROGRAM WITH FUNDS ALLOCATED FORM
THE EIGHTEENTH (18TH) YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS-
.
Facility: ;�
,Date(s)• JULY 1. 1992 TO JUNE 30, 1993
Department- COMMUNITY; DEVELOPMENT
Contact person (questions): HILDA RODRIGUEZ Telephone: 579-2461
Contact person (delivery): MIRANDA Y. ALBURY Telephone: 579-2461
*********************-************ -**********-****- -****-*****-**************-**-
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EXPENSE/REVENUE $100,000-00 ACCOUNT(s°)/PROJECT(s)
Authorized by Resolution No. 92-19(11.1/02-459 ATTACHED) OR
APPROVED BY:
Budget Director
CIP Adminlst-rator
Comm•Dev-Director
X All City requirements have been met and the
documents is (are) ready for execution.
Department Director/De
DEPARTMENT DIRECTOR OR DESIGNEE
ACM/ADVISOR
AggiffilliLe
DATE - Received by Manager's Office:
Signed by Manager:
Attested by City Clerk:
Returned to Department/Office:
ORIGINAL TO CITY CLERK:
(IF GENERAL FUNDS)
(IF CIP FUNDS)
(IF C.D. FUNDS)
DATE
DATE 3
*********************
1
.
AMENDMENT :, J
This Amendment is entered into as of this
day of
tZ�i�� , 19 9 , amending the : Agreement dated ' .r1 day of
199/bU
etween the City of Miami, a municipal
corporatiof the State :of Florida ("CITY"), and
Aku MU; iCt.;tt,6 &Ok)OM i G c-Pe.Ue.l or rn e.,'if , a
' lorida
not for profit corporation ("CONTRACTOR").
WHEREAS, the City Commission, is desirous of continuing the
neighborhood economic development'program and funds are available
from the Eighteenth (18th) Year Community Development Block Grant
for such purpose; and
WHEREAS, on July 9, 1992,, the City Commission adopted
Resolution No. 92-459, which approved the allocation of funds for
the CONTRACTOR only for the period of July 1, 1992 through
September 10, 1992 with the total amount of the funds to be
allocated on September 10, 1992 after a review of CONTRACTOR's
proposed program and budget;
Now, therefore, it is agreed :by the CITY and the CONTRACTOR:
1. The recitals set forth; above are hereby incorporated
herein as if fully set forth in this Section.
2. The Agreement is herebyqamended as follows:
TERM OF THE AGREEMENT: July 1, 1992 - September 10, 1992
AMOUNT: $9,863.00
3. The Term of the Agreement will only be extended for the
period of September 11, 1992 through June 30, 1993 and the amount
of the fund allocation increased by approval of the City
Commission.
4. No extensions or amendments to the Agreement shall be
binding on either party unless in writing and signed by both
parties.
5. All the terms and conditions contained in the Agreement
as Amended shall remain in full force and effect without
modification except to the extent modified in this Amendment.
6. CONTRACTOR certifies that it possesses the legal
authority to enter into this amendment by way of a resolution,
motion, or similar action that has been duly adopted or passed as
an official act of the CONTRACTOR'S governing body, authorizing
the execution of the Amendment, including all understanding and
assurances contained herein, and:directing and authorizing the
person identified as the official representative of the
CONTRACTOR to act in connection with the Amendment.
WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by the respective officials thereunto
duly authorized on the first datej'fabove written.
CITY OF MIAMI, a municipal
corporation of the State of
Florida
ATTjST:
MA "I ' RAI
CITY CLERK
CESAR H. ODIO
CITY MANAGER
ATTEST:
CONTRACTOR:
ADDRESS
CI Y STATE ZIP
CuRPORATE SECRETARY
APPROVED AS TO FORM AND CORRECTNESS:
Q N J
CITY ATTO Y
CLL:ra:P1%8
CORPORATE RESOLUTION
WHEREAS,Martin Luther King Economic Development Corp.
desires to enter into an agrecrr .t with the City of Miami; and
AMEA3DMEl.)T
WHEREAS, the Board of Directors at n duly held corporate
meeting han considered the matter in nccordante with the By -Laws
of the corporations;
NOW, THEREFORE, BE IT RESOLVED DT; THE BOARD OF DIRECTORS
that the president, and secretary are hereby authorized and
instructed to enter into a contract in the name and on behalf of
this corporation with the City of Miarni upon the terms contained
in the proposed contract to which this rlesolution is attached.
DATED this
21 day of July.
SECRETARY
SEAL
19 92 .
ECTORS CIi`AIIiPERSON
J-92-505
7/9/92
RESOLUTION NO. 92- 459
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO ';EXECUTE INDIVIDUAL
CONTRACTUAL AGREEMENTS, ;IN SUBSTANTIALLY THE
ATTACHED FORM, WITH THIRTEEN (13) NEIGHBOR-
HOOD ECONOMIC DEVELOPMENT ORGANIZATIONS, FOR
THE AMOUNTS AS SPECIFIED HEREIN, TO CONTINUE
IMPLEMENTING ECONOMIC DEVELOPMENT PROGRAMS,
WITH FUNDS THEREFOR BEING ALLOCATED FROM THE
EIGHTEENTH (18TH) YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT.
WHEREAS, the City Commission is committed to economic
development and the expansion of trade and commerce; and
WHEREAS, the promotion of economic revitalization in the
neighborhoods of the City of Miami is an important part of the
City's economic development strategy; and
WHEREAS, the City Commission is desirous of continuing the
neighborhood economic developmentprogram and funds are available
from the Eighteenth (18th) Year Community Development Block Grant
for such purpose; and
WHEREAS, on March-12, 1992, the City Commission approved
Resolution No......92-190.1 to' fund fourteen (14) neighborhood
economic development community based organizations; and
WHEREAS, the City Commission has authorized the City Manager
to enter into contract with thirteen (13) agencies for the period
from July 1 through September 101992; and
ATTACHMENTS)
CONTAINED
CITY COMMISSION
METING OF
J U L 0 9 1992
Resolution No.
92- 459
WHEREAS, at the September 10, 1992 meeting, the City
Commission will reevaluate each agency and reconsider their
funding for the remainder of the 1992-1993 contract year;
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 hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized to execute
thirteen (13) individual contractual agreements, in substantially
the attached form, for the period July 1 through September 10,
1992, with the following community based organizations, for the
amount specified herein, for the purpose of implementing a
Neighborhood Economic Development Program subject to approval of
each agency's work program by the U.S. Department of Housing and
Urban Development (HUD), with funds therefor hereby allocated
from the Eighteenth (18th) Year Community Development Block
Grant:
CBO AMOUNT
1. Allapattah Business Development, Inc. $ 9,863
2. Coconut Grove Local Development 9,863
Corporation, Inc.
3. Downtown MiamiBusiness Association, Inc. 9,863
4. Edgewater Economic Development Corporation 9,863
92- 459
CBO AMOUNT
5. Haitian Task Force, Inc. 9,863
6. Latin Quarter Association, Inc. •9,863
7. Little Havana Development Authority, Inc. 9,863
8. Martin Luther King Economic Development
Corporation, Inc. 9,863
9. New Washington Heights Community Development
Conference, Inc. 9,863
10. Overtown Advisory Board 9,863
11. Park West Association, Inc. 9,863
12. Small Business Opportunity Center, Inc. 9,863
13. Wynwood Community Economic Development
Corporation, Inc.
9,863
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 9th day of Jul , 1992.
XAVIER . SPARE , MAYOR
MATTY HIRAI, CITY CLERK
COMMUNITY DEVELOPMENT REVIEW AND APPROVAL:
F'• K �•STANA, DIRECTOR
DEPARTMENT OF COMMUNITY DEVELOPMENT
92- 459
3
BUDGETARY REVIEW AND APPROVAL:
MANOHAR S. SURA�DIRECTOR
DEPARTMENT OF B T
FINANCE DEPARTMENT REVIEW AND APPROVAL:
CR S E. GARCIA, DIRECTOR
DEPARTMENT OF FINANCE
PREPARED AND APPROVED BY:
CARMEN L. LEON '
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
ES, II
CITY AT i EY
M3031:CT :csk
4 -
92- 459
19-
CITY OF MIAMI, FLORIDA
ECONOMIC DEVELOPMENT COMMUNITY BASED ORGANIZATION (CBO)
THIS AGREEMENT entered into this 111-17day of
between the City of -Miami, a municipal corporation of t
State of Florida, (hereinafter referred to as the "CITY"), and
Martin Luther King EconomicDevelopment Corporation, Inc., a
Florida not for profit corporation, (hereinafter referred to as
the "CONTRACTOR"). I'
FUNDING SOURCE: Eighteenth (.,1,8th) Year Community Development
Block Grant. Funds
TERM OF THE.AGREEMENT: July ji, 1992 to June 30, 1993
July
AMOUNT: $,. 00,'000.00
',," , q
"'TAX 't NTIFICATION NO.:, 59-2042422 e'
;EXECI�TIVE' DIRECTOR: r. Samuel Mason
.i ADDRESS: 6116 N:W. 7`rth Avenue',{ Miami,:Ft1orida '33127
� V
rTELEPHONE N0'. , ,(30,5.)A,75. ,l785°• . `x .�
NOW, THE"13gFORE,+"•in' c•an,s•i,a-'er'ation of the mutual covenants and
o•bligatione herein se't'.f`nr,t �l he ,part o; s understand and agree as
...1. ip +:j IH C:•.�f�•4 r, u.
. I, <<
1 .0 BASIC REUsUIRti'.7E. V':�18 1 P."'M' •
' •
As a necessary s, part "of' this agreement, the following
3
YI
follows:
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documents must:, be approved, Ly the City prior to its
•
execution, andmust' be+,{itin ,{'.file with the Department of
•
r '3 vets ' r" .4
Community DiDi(pment'. •i,'
,
,� +'J' p{; <. 1r. 1; /',Co.rpo,rate Resolution ;;d.uii orizing execution of this
. „.
� r '' Agre'�ment ';;j
t ¢ WHEN RETURNING FOR FORT
4r,
q,y
7i
REVIEW, PI.f.tr ....F IDENT,F+ AS
1.2 Work Program (approved by the CITY).
The Work Program submitted by the CONTRACTOR to the CITY
became an attachment to this agreement and shall include the
following:
1. A description of the work to be performed;
2. A schedule for completing the work; and
3. A budget.
These items shall be in sufficient detail to provide a sound
basis for the CITY to effectively monitor performance by the
CONTRACTOR under this ageement.
1.3 Budget Summary, to include:jr completion of CONTRACTOR's
Program/Line-Item Budge)/Expenditure Justification, Total
it
Actual and Projected Funds Disclosure, and Staff Salaries
Schedule r.
(on forms supplied by the CITY); budget for
program -generated u
reveni�es; , copies of all subcontracts
and/or management services Agreements funded in whole or in
part under this Agreement.
1.4 Certificate of Insurance which reflects CONTRACTOR's
current lir.;;. ty insurance, naming the CITY as primary or
additional .tsured as Oetermined by the Risk Management
II.
Division of: the CITY; current Workers' Compensation
insurance; Cdrrent Fide1`ity Bond (applicable for all persons
who are auth(rized to receive and disburse funds under this
A
Agreement); •�`' and other,;::#,',coverage as deemed necessary, if
applicable (i.e. automobile insurance).
1.5 CONTRACTOR's Corporate ?',Seal (to be affixed to Signatory
Page, and Corporate Resolution).
-2-
• 'f
1.6 Copy of CONTRACTOR's Article'`of Incorporation, Charter and
Bylaws.
1.7 List of Present Principal Governing Board Officers and
Members of the •Board (naies, addresses and telephone
numbers).
1.8 List of Key Staff Persons, with their titles, who will carry
out this program.
1.9 Completion of Authorized Representative Statement.
1.10 Completion of Statement of Accounting System.
1.11 A letter from an independent Certified Public Accountant
which expresses the opinion that the CONTRACTOR's internal
controls are adequate to ,',safeguard the organization's
assets.
1.12 Copy of last Audit Report a's performed by an independent
iR
C.P.A.''
1.13 Corporate Personnel Policies and Procedures
�d.
1.14 Job Description and Resumes-0,for all positions funded in
whole or in part under this Agreement.
1.15 Acceptance of Office of Management and Budget (OMB) Circular
A-110, Attachments "A" (Cash Tepositaries), (Bonding and
its
Insurance), "C" (Retention and Custodial Requirements for
I!�
Records), "F" (Standards forjFinancial Management Systems),
"H" (Monitoring and Reporting Progress Performance),
(Property Management Standards), and "0" (Procurement
Standards), as modified by 24 CFR Part 570.502 (b),
"Applicability of Uniform Administrative Requirements," of
the Community Development 4' Block Grant (CDBG) Program
regulations, Final Rule, and provided as an attachment to
this Agreement (Attachment I).
.1.16 Copy of last Income Tax Return' (IRS Form 990).
ARTICLE II
2.0 RECORDS TO BE MAINTAINED
2.1 CONTRACTOR shall establish and maintain sufficient records
to enable the CITY to determine whether the CONTRACTOR has
met the requirements of this part. At a minimum, the
following records are needed:
(a)
Records providing a full,l 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 provision in 24
CFR Subpart C under the !CDBG Program regulations which
it is eligible.
IJ
(b) 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 CONTRACTOR may
frf
substitute evidence establishing that the person
assisted qualified under''another program having income
qualification criteria at least as restrictive as that
used in the definitions of "low and moderate income
Fd
person" and "low and moderate income household" as set
forth by 24 CFR 570.3; or the CONTRACTOR may substitute
a copy of a verifiable certification from the assisted
person that his or herI:family income does not exceed
the applicable income limit established in accordance
with 24 CFR 570.3;
or the CONTRACTOR may substitute a
notice that the assisted person is a referral from a
state, to refer individuals it determines to be low and
moderate income persons,based on HUD's criteria and
agrees to maintain documentation .supporting these
determinations. Such' records shall include the
following information.
(1)
For each activity `^determined to"benefit low and
moderate income persons, the income limits applied
and the point id,*" time when the benefit was
determined.
(2) For each activity determined to benefit low and
qv
qv
41.
moderate income persons based on the area served
Iri
�by the activity: 1
I'i,
(i) The boundarie lof the service area;
(ii) The income characteristics of families and
unrelated individuals in the service area;
and
(iii)If the percent of low and moderate income
I 0.
persons in th' service area is less than 51
percent, datap?showing that the area qualifies
under the exception criteria set forth at
570.208(a)(1)(Jii);
(3) For each activity!determined to benefit low and
moderate income persons based on the creation of
•
jobs, the recipient shall provide the
documentation described in either (i) or (ii)
below.
(i) Where the recipient chooses to document that
at least 51 percent of the jobs will be
available to low and moderate income persons,
documentation for each assisted business
shall include:,
(A) A copy of a written agreement
containing:
(1) HA commitment by the business that
it will make at least 51 percent of
the jobs available to low and
moderate
income persons and will
provide training for any of those
jobs' requiring special skills or
education;
(2) A listing by job title of the
permanent jobs to be created
indi:icating which jobs will be
available to low and moderate
income persons, which jobs require
.
spe,al skills or education, and
which jobs are part-time, if any;
and '!
(3) A description of actions to be
taken by the recipient and business
ta'
to ensure that low and moderate
income persons
receive first
consideration for those jobs; and
(B) A listingby job title of the permanent
jobs filled and which jobs of those were
available; to low and moderate income
persons, .and a description of how first
consideration was given to such persons
for those jobs.
The description shall
include What hiring process was used;
which low and moderate income persons
werel intelrviewed for a particular job;
111.
and ' which low and moderate .income
persons were hired.
(ii) Where the. recipient chooses to document that
at least 51 percent of the jobs will be held
by low and moderate income persons,
documentation for each assisted business
shall include:''
(A) A copy !j' of a written agreement
i'
containing:
(1) 'A c {mmitment by the business that
at 4east 51 percent of the jobs, on
a full-time equivalent basis, will
be held by low and moderate income
`r.
ipersons; and
1
-.7 -�
(2) A listing by job title of the
permanent
jobs to be created,
identifying which are part-time, if
any;
(B) A listing by job title of the permanent
jobs filled and which jobs were
initially, held by low and moderate
income persons; and
(C) For each -such low and moderate income
person hired, the size and annual income
of the person's family prior to the
person boring hired for the job.
For each activity 4determined to benefit low and
moderate income persons based on the retention of
jobs:
(i) Evidence that in the absence of CDBG
;
assistance jobs would be lost;
;i.
(ii) For each business assisted, a listing by job
title of permanent jobs retained, indicating
which of those jobs are part-time and (where
it is known); which are held by low and
moderate income persons at the time the CDBG
assistance is provided. Where applicable,
identification;.' of any of the retained jobs
(other than those known to be held by low and
moderate 'income persons) which are projected
to become available to low and moderate
income persons through job turnover within
two years of the time CDBG assistance is
provided. Information upon which the job
turnover projections were based shall also be
included in the record;
(iii)For each retained job claimed to be held by a
low and moderate income person, information
on the size and annual income of the person's
family;
(iv) For jobs claimed to be available to low and
moderate income persons based on job
turnover, a description covering the items
required for "available to" jobs in paragraph
(5) of this sebtion; and
(v) Where jobs were claimed to be available to
low and modeirate income persons through
turnover, a ll .sting of each job which has
`A.
turned over to date, indicating which of
those jobs were either taken by, or available
to, low and moderate income persons. For
jobs made ava'il,able, a description of how
G1
0
first consider'ation•was given to such persons
tE.
for those jobi,shall also be included in the
I;
record.
AJ4
(5) For each activity' determined to aid in the
prevention or elimination of slums or blight based
on addressing one or more of the conditions which
qualified an area a"s a slum or blighted area;
-9
(i) The boundaries 'of the area; and
(ii) A description) of the conditions which
qualified the area at the time of its
designation in sufficient detail to
demonstrate how the area met the criteria in
570.208(b)(1).
(6) For each activity determined to aid in the
prevention or elimination of slums or blight based
on the elimination of specific conditions of
blight or physical decay not located in a slum or
blighted area:
(i)
A description l'of the specific condition of
eat;
blight or physi4,cal decay treated; and
(ii) For rehabilitation carried out under this
'.t
category, a Lscription of the specific
conditions detrimental to public health and
safety which were identified and the details
and scope of the CDBG assisted rehabilitation
.L
by structure. ,
(7) For each activity; determined to aid in the
1
prevention or elimination of slums or blight based
on addressing slums;or blight in an urban renewal
area, a copy of the Urban Renewal Plan, as in
effect at the time;'; the activity is carried out,
including maps an supporting documentation.
(a) Records which demonstrate compliance with 24
CFR 570.505 regarding any change of use of
-10-
real property acquired or improved with CDBG
assistance.
(b) Records which demonstrate compliance with the
requirements
in 570.606 regarding
acquisition, displacement, relocation, and
replacement housing.
(C) Equal Opportunity Records containing:.
(1) Data indicating the racial/ethnic character of
each business entity receiving a contract or
subcontract of $25,000 or more paid, or to be
paid, with CDBG funds, data indicating which of
those entities are women's business enterprises as
!!kip
defined in Executi{e Order 12138, the amount of
the contract or subcontract, and documentation of
recipient's affirmbtive steps to assure that
minority business and women's business enterprises
have an equal opportunity to obtain or compete for
k'',PI
14
contracts and subcoiitracts as sources of supplies,
equipment, construction and services. Such
affirmative steps ma`y include, but are not limited
to, technical assistance open to all businesses
but designed to enhNance. opportunities for these
enterprises and special outreach efforts to inform
ii
them of contract opportunity. Such steps shall
not include preferring any business in the award
of any contract or.subcontract solely or in part
on the basis of race or gender.
—1
1:
(2) Data on the extent to which each racial and ethnic
group and single -headed households and ethnic
(3)
group and single -headed households (by gender of
household head) haveyapplied for, participated in,
h
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 as to compliance is required
to attain or maintain any particular statistical
measure by race, ethnicity, or gender in covered
programs.
Documentation of actions undertaken to meet the
requirements of 24 a,
R 570.607(b) which implements
section 3 of the Ho•'sing 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'.bf local businesses.
(d) Financial records, in accordance with the applicable
requirements listed in 24;CFR 570.502.
(e) Records required to be maintained in accordance with
other applicable laws and regulations set forth in
Subpart K of 24 CFR.
2.2 As a necessary part of this Agreement, the CONTRACTOR shall
provide the following docents to the Department of
Community Development, in accordance with the requirements
of the Agreement:
A
A. Final Expenditure Report }to be submitted no later than
thirty (30) days after contract expiration.
B. Certified Independent Audit to be submitted one hundred
twenty (120) days after end of corporate fiscal year.
CONTRACTORS receiving monies from the Department of
Community Development must allocate in its budget
sufficient funds to secure an annual independent audit
which must include the expression of an opinion on the
Contractor's financial 'statements, and a compliance
letter stating whether the CONTRACTOR is in conformity
'with federal grant regulations (Office of Management
and Budget Circular A-)33). The City of Miami's
Department of Internal iludits and Reviews shall have
the authority to review
ONTRACTOR's records, including
programmatic records and 'books of account, for a period
of up to three (3) .yeare! from the termination date of
the Agreement. All books of account and supporting
documentation should be kept by the Contractor at least
three (3) years for audit', purposes.
ARTICLE III
3.0 PROCEDURES
fr
3.1 TIME OF PERFORMANCE
The term of this Agreement shall be from July 1, 1992, to
June 30, 1993.
3.2 CITY AUTHORIZATION
i'
For the purpose of this Agreement, the City of Miami
Department of Community Development (hereinafter the
?I
"DEPARTMENT") will act on behalf of the CITY in the fiscal
control, programmatic monitoring, and modification of this
Agreement, except as otherwisel provided by this Agreement.
3.3 ENTIRE AGREEMENT
This instrument and its attachments constitute the only
Agreement of the parties hereto relating to said grant and
correctly sets forth the rights, duties, and obligations of
each 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.
3.4 OBLIGATION OF CONTRACTOR
The CONTRACTOR shall carry out the services as prescribed in
its Work Program (Attachment', II), which is attached and
incorporated herein and made ;4 part of this Agreement, in a
1
ECq^:
lawful, and proper manner, $0atisfactory to the CITY, in
p•
1y
accordance with the written policies, procedures, and
{4�
requirements as prescribed in' this Agreement, as set forth
by the U.S. Department of Dousing and Urban Development
j�t•
(HUD) and the City of Miami Department of Community
ii
Development.
3.5 POLICIES AND PROCEDURES MANUAL
CONTRACTOR is aware and accepts the Policies and Procedures
Manual (Attachment III) for Community Based Organizations as
the official document
which
outlines
the fiscal,
administrative and Federal guidelines and which shall
regulate the day-to-day operations of the CONTRACTOR, which
is attached and incorporate herein and made a part of this
Agreement.
3.6 BONDING AND INSURANCE
CONTRACTOR shall maintain insurance and bonding coverages
acceptable to the CITY's Risk Management Division of the
Personnel Management Department. Prior to commencing any
activity under this Agreement;' the CONTRACTOR shall furnish
to the CITY original certificates of insurance and bonding
indicating that the CONTRACTOR is in compliance with the
provisions of this article.
CONTRACTOR shall provide the following coverages:
(a) Insurance coverage that reflects sound business
practices acceptable tdl the CITY's Risk Management
Division of the Personnel Management Department.
(b) Fidelity bonding for pall persons handling funds
i'
E�f
received or disbursed under this Agreement in an amount
equal to or greater thaithe amount of the City grant.
t!
City shall be named as Loss Payee.
Current liability insurance shall be in amount of not
4
' �i
less than $500,000 General Aggregate which shall
include Fire Legal. City shall be named as Primary
Additional Insured and there shall be no exclusions in
±I�
such policies to override the CITY coverage.
(d) Contractor shall provide the CITY with proof of
Automobile Liability Coverage in an amount of not less
(c)
than $100,000 Bodily ;Injury and Property Damage
combined, if Contractor is to be reimbursed for mileage
by the CITY.
(e) The Contractor shall obtain Workers' Compensation and
Employers'
requirement.
Liability coverage
as
per statutory
Compliance with the foregoing requirements shall not relieve the
CONTRACTOR of its liability and obligations under this section or
under any other section of this Ageement.
3.7 LEVEL OF SERVICE
Should start-up time for a program be required or any delays
in service occur, the Department of Community Development is
to be notified in writing immediately, giving all pertinent
details and indicating when service shall begin and/or
continue. It is understood and agreed that the level of
services, activities, and expenditures by the CONTRACTOR, in
04
existence prior' to the init.ation of services hereunder,
shall be continued and shall not be reduced in any way as a
result of this Agreement. ;1Programs funded through this
Agreement shall not result in the displacement of employed
workers, impair existing cont1racts for services, or result
in the substitution of funds allocated under this Agreement
11
for other funds in connection with work which would have
been performed in the absence;of this Agreement.
3.8 OTHER PROGRAM REQUIREMENTS
(a) CONTRACTOR shall comply with its obligations as
described in its Management By Objectives (MBOs)
(Attachment IV) which :pis attached and incorporated
herein and made a part orf this Agreement.
(b) CONTRACTOR 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), (At'tachment I).
(c) CONTRACTOR shall not assume the CITY's environmental
responsibilities described at 24 CFR 570.604 of the
CDBG Program regulations;! and the CITY's responsibility
for initiating the review process under Executive Order
12372 (Attachment I).
l
3.9 PROGRAM INCOME
I!
;f
Program income means gross income received by the CONTRACTOR
which has been directly generated via the use of CDBG funds.
When such income is generated by an activity that is only
partially assisted with CDBQ' funds, the income shall be
prorated to reflect the percentage of CDBG funds used.
Program income generated by CDBG funded activities shall be
retained by CONTRACTOR and shall by used to only undertake
those activities specifically,, approved by the CITY on the
Work Program. All provisions;' of this Agreement shall apply
to such activities. Any program income on hand when the
Agreement expires or receivedafter such expiration shall be
paid to the CITY, as require0y 24 CFR 570.503(b)(8) of the
CDBG Program regulation.
CONTRACTOR shall submit a Program Income Report on a monthly
basis along with the required monthly Work Program Status
Report. The Program Income Report will identify CDBG
activities in which income was derived and how income has
been utilized.
3.10 REPORTS, AUDITS AND EVALUATIONS
The CONTRACTOR shall comply with the Federal Directive
required by the U.S. Department of Housing and Urban
Development (USHUD) to document that program activities are
provided for the benefit of low to moderate income persons.
In accordance with the Code 1of Federal Regulations 24 CFR
Part 570.506, records shall be maintained for each activity
to determine that services benefit low and moderate income
persons.
At the request of CITY, CONTRACTOR shall transmit to CITY
written statements of CONTRACTOR's official policy on
specified issues relating to CONTRACTOR's activities. CITY
may carry out monitoring and evaluation activities,
including visits and observat:'ons by CITY staff; CONTRACTOR
1y i,
shall ensure the cooperation of its employees and' Board
members in such efforts. Any inconsistent, incomplete, or
inadequate information either received by the CITY or
obtained through monitoring3'and evaluation by the CITY,
shall constitute good cause for the CITY to terminate this
Agreement at any time thereaf.,ter.
ARTICLE IV
4.0 FUNDING
4.1 COIMIPENSATION
A. CITY shall pay CONTRACTOR, $100,000.00 as maximum
compensation for the services provided during the term
of this agreement. The CITYshall compensate the
CONTRACTOR for all expen,ditures made in accordance with
11
the schedule set forth in the budget which is attached
hereto and made a part hereof.
B. CITY shall have the right to review and audit the
time records and related records of CONTRACTOR
pertaining to any payments by CITY.
C. All payments shall be reimbursements for expenditures
incurred only during the,;term of this Agreement, and in
compliance with the previously approved Line -Item
Budget. Such written request shall contain a statement
declaring and affirming that all expenditures were made
in accordance with the approved budget. All
documentation in support of such request shall be
subject to approval by CITY at the time the request is
made and all invoices are required to be paid by
CONTRACTOR prior to submission. All reimbursements
must be in line -item fdrm and be in accord with this
Agreement. All expenditures must be verified by
iY
original invoice with a copy of the check which was
used to pay that specific invoice. Within 60 days of
submitting reimbursement request, copies of the
cancelled checks shall be submitted. In the event that
Ids,:
an invoice is paid by various funding sources, a copy
of the invoice may be submitted but must indicate the
exact amount paid by various funding sources equaling
the total of the invoice. No miscellaneous categories
shall be accepted as
line item in the budget.
Request for line -item changes are allowable, with prior
-19
3�
review and approval by the CITY. All line -item changes
must be made prior to 'the end of the term of the
ti
Agreement.
D. Requests for payment should be made at least on a
monthly basis. Reimbursement requests should be
submitted to the CITY within thirty (30) calendar days
after the indebtedness has been incurred. Failure to
comply may result in the rejection for repayment of
fi
those invoices within the reimbursement package which
do not meet this requirement.
E. CONTRACTOR must submit the final request for payment to
the CITY within 30 Calendar days following the
expiration date or termination date of this Agreement.
If the CONTRACTOR fails to comply, all rights to
payment are forfeited an'd the CITY shall not honor any
request submitted after the aforesaid agreed upon
period.
F. Any payment due under this Agreement may be withheld
pending the receipt and approval by the CITY of all
reports due from the CONTRACTOR as a part of this
contract and any modifications thereto.
4.2 GENERATED REVENUES:
CONTRACTOR is required to generate revenues in the amount of
sixteen thousand five hundred dollars ($16,500, by June 30,
1993, from approved revenuegenerating projects. These
funds are to be used in lieu of an advance on the fiscal
1993-94 City contract and to offset any other administrative
-20-e1
expense not paid by the City CDBG grant. Funds generated by
grants (federal, state and, local) will be considered
generated revenues. In the, event that GRANTEE fails to
generate the above mentioned revenues by June 30, 1993,
future contracts with the GRANTEE will not be negotiated or
considered. GRANTEE must '± submit proper documentation
supporting the expenditure of such program generated funds
as per the Program/Line-Item Budget Expenditure
Justification.
4.3 FINANCIAL ACCOUNTABILITY
CITY reserves the right to audit the records of CONTRACTOR
at any time during the performance of this Agreement and for
a period of three years after final payment is made under
this Agreement. CONTRACTOR agrees to provide all financial
and other applicable records and documentation of services
to CITY. Any payment made shall be subject to reduction for
amounts included in the related invoice which are found by
CITY, on the basis of such audit, not to constitute
allowable expenditures. Any payments made to CONTRACTOR
are subject to reduction for overpayments on previously
submitted invoices.
4.4 RECAPTURE OF FUNDS
CITY shall reserve the right to recapture funds when the
CONTRACTOR shall fail (i) to: comply with the terms of this
Agreement or (ii) to accept conditions imposed by CITY at
the direction of the federal,''state and local agencies.
4.5 CONTINGENCY CLAUSE
-21-
Funding for this Agreement islcontingent on the availability
of funds and continued authorization for program activities
and is subject to amendment or termination due to lack of
funds or authorization, reduction of funds, and/or change in
regulations.
4.6 SEPARATION OF CHURCH/STATE
In accordance with First Amendment Church/State principles,
CDBG assistance may not be used for religious activities or
provided to primarily religious entities for any activities,
including similar activities, as directed by 24 CFR
570.200(j). CONTRACTOR shall comply with this provision
r1
when entering into subcontracts.
ARTICLE V
5.0 GENERAL REQUIREMENTS
5.1 INDE1MiNIFICATION
CONTRACTOR, shall pay on behalf of, and save CITY harmless
from and against any and all claims, liabilities, losses,
and causes of action which may arise out of CONTRACTOR's
}
activities under this Agreement, including all other acts or
omissions to act on the part' of CONTRACTOR, including any
person acting for or on its:, behalf; from and against any
relevant orders, judgements, or decrees which may be entered
against the CITY; and from and against all costs, attorney's
fees, expenses, and liabilities incurred by the CITY in the
defense of any such claims or,in the investigation thereof.
5.2 AMENDMENTS
-22-
contingent upon
Agreement.
5.5 NON-DELEGABILITY
5.4 AWARD OF AGREEMENT
5.3 OWNERSHIP OF DOCUMENTS
No amendments to this Agreement shall be binding on either
party unless in writing and signed by both parties.
All documents developed by CONTRACTOR under this Agreement
�a.
shall be delivered to CITY by said CONTRACTOR upon
completion of the services.' required pursuant to this
4
Agreement and shall become the property of CITY, without
restriction or limitation on"flits use. CONTRACTOR agrees
that all documents maintained and generated pursuant to this
contractual relationship between CITY and CONTRACTOR shall
be subject to all provisions, of the Public Records Law,
Chapter 119, Florida Statutes;i(Attachment I).
1
It is further understood by and between the parties that any
document which is given by CITY to CONTRACTOR pursuant to
this Agreement shall at all time remain the property of CITY
and shall not be used by CONTRACTOR for any other purposes
whatsoever without the written; consent of CITY.
j#n
ii,
CONTRACTOR warrants that it has not employed or retained any
person employed by the CIT ., to solicit or secure this
Agreement and that it has not offered to pay, paid, or
Of
agreed to pay any person employed by the CITY any fee,
.a
commission percentage, brokerage fee, or gift of any kind
or resulting
from the award of this
-23-
t
•
The obligations undertaken by the CONTRACTOR pursuant to
this Agreement shall not be delegated or assigned to any
other person or firm unlessCITY shall first consent in
writing to the performance orassignment of such services or
any part thereof by another person or firm.
5.6 CONSTRUCTION OF AGREEMENT
This Agreement shall be construed and enforced according to
the laws of the State of Florida.
5.7 OBLIGATION TO RENEW
Upon expiration of the term of this Agreement, CONTRACTOR
agrees and understands that CITY has no obligation to renew
this Agreement.
{
5.8 TERMINATION OF CONTRACT
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 CITY. In that
event, notice of termination lof this Agreement shall be in
writing to CONTRACTOR, who shall be paid for'those services
performed prior to the date of its receipt to the notice of
termination. In no case, howver, shall CITY pay CONTRACTOR
an amount in excess of the,; total sum provided by this
f,
rf,
Agreement.
It is hereby understood by and between CITY and CONTRACTOR
that any payment made in accordance with this Section to
CONTRACTOR shall be made only if said CONTRACTOR is not in
default under the terms of this Agreement. If CONTRACTOR is
in default, then CITY shall in no way be obligated and
shall not pay to CONTRACTOR any sum whatsoever.
-24
It is also understood that in, accordance with 24 CFR 85.43-
44 of the CDBG rules and regulations, suspension or
termination may occur if CONTRACTOR fails to comply with any
term of this Agreement, or if the CITY deems it convenient
to terminate it.
5.9 REVERSION OF ASSETS
Upon expiration of this Agreement, the CONTRACTOR shall
transfer to the CITY any CDBG funds on hand at the time of
expiration and any accounts receivable attributable to the
use of CDBG funds.
Any real estate property that was acquired or improved by
CONTRACTOR in whole or in part with CDBG funds in excess of
$25,000 shall be either:
A. Used to meet one of the three (3) CDBG National
Objectives set forth by 24 CFR 570.208 of the CDBG
Program regulations, until five
(5)
years after
expiration of this Agreement, or such longer period of
time as determined appropriate by the City; or
B. Disposed of in a manner resulting in the CITY being
reimbursed in the amount of the current fair market
value of the property less any portion thereof
attributable to expenditures of non-CDBG funds for
acquisition of, or improvements to, the property.
5.10 GENERAL CONDITIONS
A. All notices or other communications which shall or may
be given pursuant to this Agreement shall be in writing
and shall be delivered by personal service, or by
CITY OF MIAMI
3500 Pan American Drive
Miami, Fla. 33133
registered mail addressed to the other party at the
address indicated herein !or as the same may be changed
from time to time. Such' 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.
CONTRACTOR
Martin Luther King Economic
Development Corporation, Inc.
6116 N.W. 7th Avenue
Miami, Fla. 33127
B. Title and paragraph headings are for convenient
reference and are not a art of this Agreement.
C. In the event of conflict between the terms of this
Agreement and any terms or conditions contained in any
attached documents, the ,'terms in this Agreement shall
control.
D. No waiver or 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.
E. Should any provisions, paragraphs, sentences, words or
phrases contained in this Agreement be determined by a
.;1
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 provisions,
paragraphs, sentences, words or phrases shall be deemed
modified to the extent necessary in order to conform
with such laws, or if not modifiable to conform with
-26-
such laws, then same shall be deemed severable, and in
either event, the remaining terms and provisions of
this Agreement shall remain unmodified and in full
force and effect.
5.11 INDEPENDENT CONTRACTOR
CONTRACTOR and its employees and agents shall be deemed to
be independent contractors and not agents or 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 and an employee of
the CITY.
5.12 SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the parties herein,
their heirs, executors, legal representatives, successors,
and assigns.
ARTICLE VI
6.0 CONTRACTOR CERTIFICATIONS
CONTRACTOR certifies that:
It possesses the legal authority to enter into this
Agreement by way of a resolution, motion, or similar action
that has been duly adopted or passed as an official act of
the CONTRACTOR'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
—27—
CONTRACTOR to act in connection with the Agreement and to
provide such additional information as may be required.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by the respective officials
thereunto duly authorized on the first date above written.
ATTES :
MA
CITY CLERK
ATTEST:
d.: .Z 2': , •
ORPORATE SECRETARY
WITNESS:
APPROVED AS TO
INSURANCE REQUIREMENTS:
SUJAN S. CH}ABRA, DIRECTOR
RISK MANAGEMENT DEPARTMENT
CITY OF MIAMI, a municipal
Corporation of the State of
Florida
CESAR H. ODIO
CITY MANAGER
CONTRACTOR: Martin Luther King
Economic Development
Corporation, Inc.
6116 N.W. 7th Avenue
Miami, Florida
RESIDENT
SEAL
'APPROVED AS TO FORM AND
CORRECTNESS:
• WHEREAS,
•
CORPORATE RESOLUTION
Martin Luther King Economic Development Corp.
desires to enter into an agreement with the City of Miami; and
WHEREAS, the , Board of Directors at a duly held corporate
meeting has considered the matter in accordante with the By -Laws
of the corporations;
NOW, THEREFORE, BE IT RESOLVED BY TILE BOARD OF DIRECTORS
that the president, and secretary are hereby authorized and
instructed to enter into a contract in the name and on behalf of
this corporation with the City of Miami upon the terms contained
in the proposed contract to which this resolution is attached.
DATED this day of
SECRETARY
, 19
DOF D REC 'ORS CI1g'IRPERSON
SEAL
i
J-92-167
3/12/92
B
i�
9 -- 1.90'1.
RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO SUBMIT THE
ATTACHED APPROVED GRANT PROGRAM FINAL
STATEMENT TO THE U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT (HUD) REQUESTING
FUNDS IN THE AMOUNT OF $13,156,000 FOR THE
CITY'S PROPOSED COMMUNITY DEVELOPMENT
PROGRAM DURING 1992-1993; FURTHER
AUTHORIZING THE CITY MANAGER, UPON APPROVAL
OF SAID GRANT BY HUD,, TO ACCEPT THE SAME
AND EXECUTE THE NECESSARY IMPLEMENTING
AGREEMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY AND SUBJECT TO APPLICABLE
CITY CODE PROVISIONS.;,f
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
1
FLORIDA:
SECTION 1. The City Manager is hereby authorized to submit
the attached approved Grant Prograh Final Statement to the U. S.
Department of Housing and Urban Development (HUD) for the City's
proposed Community Development Program during 1992-1993.
SECTION 2. The City Manager, as Chief Administrative
Officer for the City of Miami, upon approval of the above Grant
if
by HUD, is hereby authorized to:. accept the grant and, upon
receipt of same, to execute the necessary agreements to implement
the 1992-1993 Community Development Program, in a form acceptable
to the City Attorney and su}pject to applicable City Code
provisions.
SECTION 3. This Resolution shall become effective
immediately upon its adoption.
V 4:: iVe ri t C 51
C'tiN tl Pi5t$WD
CITY cor/i.usFION
MEETU G OF
MAR 1 2 1992
ResolutionNo.
92.— 190.1
March
r
1
COMMUNITY DEVELOPMENT REVIEW:
7/
MANOH RANA, DIRECTOR FRANK CA A'EDA , /DIF 'CTOR
DEPARl1E . OF BUDGET DEVT. OF COMMUNITY DEVELOPMENT
PASSED AND ADOPTED this 12th
1992.
ATTEST:
MA HIRAI, CITY CLERK
BUDGETARY REVIEW:
PREPARED AND APPROVED BY:
ALBERTINE B. SMITH
CHIEF ASSISTANT CITY ATTORNEY
FINANCE REVIEW:
CARLOS GARCIA, DI/kECTOR
DEPARTMENT OF FINANCE
APPROVED AS TO FORM AND CORRECTNESS:
.,/I/r E�i/
K K. Q U'DN N 0
CITY ATTO• EY
ABS/gfa/cslc/M2825
—2—
92•- 1 O •L
TA 1IAME OF PROJECT
Department of Development
and ]lousing
Department of Planning,
Building & Zoning
(Code Enforcement)
1
CITY OF MIAMI
Attachment I
DEPARTMENT OF COMMUNITY DEVELOPMENT
18TH YEAR CDBG PROPOSALS
1
HOUSING PROJECTS RECOMMENDATIONS
Amount Initial C.D.
Requested Staff Board Final
{
$2,000,000 $2,000,000 $1,000,000 $1,000,000
300,000 3?5,000 200,000 200,000
A Allaputtuh Business
Development Authority 43,270
50,000 50,000 Jr
E Tacolcy CDC 50,000 50,000 50,000 50,000
L East Little Havana CDC 60,000 50,000 50,000 50,000
0 St. John Community
Development Corporation 50,000 50,000 50,000 50,000
CW CODEC, Inc. 60,000 50,000 50,000 50,000
E Little Haiti Housing
Association 50,000 50,000 50,000 50,000
W Wynwood Community Economic
Development 75,000 75,000 75,0007
CW Senior Crime Watch Program 66,983 55,000 55,000 55,000
CW Florida (lousing Cooperative 42,249 50,000 50,000 50,000
D DDA-Homeless Housing a
Facility 1,300,000
CW HOPE, Inc. 25,000
CW Dade County (IUD 879,000
CW Greater Miami Neighborhoods 250,000 100,000 100,000 100,000
CW New Day Outreach Center 161,000
CW South'Pointe Family & Children 170,000
CW Tri-City Community Association 81,862 50,000 80,000 80,000
SUB -TOTAL:
$5,664,364 $2,880,000 $1,860,000 $1,860,000
2- 1 JO,
TA
0
0
M
L
L
E
H
CW
CW
CW
A
W
0
D
D
D
D
D
C
0•
W
W
CW
CITY OF gMIAMI
DEPARTMENT OF COMMUNITY DEVELOPMENT
18T11 YEAR CDBG PROPOSALS
ECONOMIC DEVELOPMENT PROJECTS
NAME OF PROJECT
New Washington Heights CDC
New Washington Ileiglrta/
Hotel Soft Costs
Martin Luther King LDC
(Sonic Administration)
Little Havana Development Auth.
Small Business Opportunity Center
Latin Quarter Association
Greater Biscayne Boulevard
Chamber (CDDC)
GBBC Administration for area
Improvement Project
MDCC-Entrepreneurial
Consulting Services
Miami,Capi.tal Development,
Inc. - Administration
Miami Capital Development,
Inc. - Revolving Loan Fund
Miami Capital Development,
Inc. - Revolving Loan Fund
for EDA
Allapattah Business Development
Authority
Edgewater Economic Development
Corporation
Park West Association, Inc.
Downtown Miami Business Assoc.
MDCC-Wolfson Campus
DDA-Information KIOSKS
DDA-Commercial Facade Program
DDA-Economic Development
Incentive Fund
Coconut Grove LDC
0vertown Advisory Board
Haitian Task Force
Wynwood Community E.D.0 (WCEDC)
WCEDC- Trade Zone
Target Area - Mini UDAG
Amount
Requested
$50,000
50,000
100,000
50,000
50,000
50,000
50,000
130,996
150,00
250,000
2,000,000
125,000
50,000
50,000
50,000
60,000
1,500,000
25,000
100,000
500,000'
950,000
80,000
50,000
100,000
4,000,000
Deportment of Development
(Soutlreaa t/0vertown
Administration
L Little Haiti Project Reserve Fund
W Wynwood Project Reserve Fund
RECOMMENDATIO]IS
Initial C.D.
Staff Board
$50,000 $50,000
{
50,000
50,000
;50,000
50,000
250,000
1,750,000
Final •
$50,000 '//'
100,000 100,000
50,000 50,000'
50,000 50,000 ✓
50,000 ✓
50,000 50,000 ✓
250,000
1,000,000
50,000 50,000
50,000
50,000
•
50,000
50,000
495,800
{
250,000 250,000
- 0 - - 0
- 0- ,1-0-
;I
SUB -TOTAL: $10,820,996 $3,245,800
50,000
50,000
50,000
1,000,000
250;000
1,000,000
50,000 ✓
50,000 /
50,000
5o,000✓
1,000,000
300,000 300,000
50,000 50,000
50,000`
50,000 50,0001/
100,000 100,000 ✓
200,000 200,000
250,000 250,000
- 0 - 200,000
- 0 - 100,000
$3,700,000
$3,800,000
TA
D
0
0
L
W
1�
W
cw
cw
w
L
cw
E
L
L
L
CITY OF , MIAMI
DEPARTMENT OF COMMUNITY DEVELOPMENT
18T11 YEAR CD11G PROPOSALS
PHYSICAL IMPROVEMENTS
NAME OF PROJECT
DDA Flagler Street Landscape
DDA 0vertown/ParkWest
Improvements
DDA ParkWest Linear Park
Department of Public Works/
Street Improvements
New Fire Station No. 5
Department of Public Works/
Biscayne Beautification
Manuel Artime Community Center
One Art, Inc., Center
Renovation
CCS/Little Havana Child Care
CCS/San Juan Day Care
Grove Family health Center
Greater Miami Youth Services
Corps.
Greater Miami Youth Services
Corps.
Jloly Cross Day Care
Miami Mental health
Weingart School Improvements
(Proposal Submitted Late)
PLANNING DEPARTMENT
Wagner Creek Dredging
Franklin Avenue Cemetery
Security
Northeast Cluster
Revitalization
Cuban Martyrs Wall
Tower Theater Renovation
Latin Quarter Specialty
Center
RECOMMENDATIONS .
Amount initial C.D.
Requested Staff Board Final
$20,000 $20,000 20,000
200,000 200,000 -- 0 -
200,000 200,000 -• 0 -
2,190,000 945,138 945,138 945,138
1,500,000
i
•i
125,000 125,000 125,000 125,000
100,000 100,000 100,000 100,000
125,000 75,000 75,000
45,812 45,812 45,812 45,812
400,000
565,000 25,000 125,000 125,000
17,000 65,000 65,000 65,000
25,000 25,000 25,000 25,000
459,000
199,685
100,000
927,000
. 50,000
150,000
40,000.
200,000
•4
250,000
50,000
50,000 50,000
--- 1 S .1
PLANNING DEPARTMENT
TA NAME OF PROJECT
M N.W. 15th Avenue Planters
0 N.W. 3rd Avenue Improvement
O N.W. 3rd Avenue Facade
I1ISTORIC PRESERVATION
0 Black Archives/Lyric Theate
O CCSA/Greater Bethel Church
Committee Center
O Old llistoric Fire House No.
Amount
Requested
45,000
250,000
100,000
r 515,625
2,494,975
2 100,000
PARKS DEPARTMENT
A Curtis Park Improvements
C Grand Avenue Park Building
Renovation
Eaton Park/New Construction
L Henderson Park Building
Replacement
L Shenandoah Park Field Lighting
0 Gibson Park Improvements
W Clemente Park Picnic
Facilities
M African Square Improvements
Cl)
CI)
CD
CD
Neighborhood Jobs Program
Contingency
Social Programs
Administration
TA: A = ALLAPATTAII
E = EDISON
W = WYNWOOD
TOTALS:
50,000
275,000
5,00o
50,000
100,000
100,000
ri
50,000
50,000
SUB -TOTAL: $ 12 , 265 , 097
175,000
0 -
4,643,756
2,631,000
$36 , 200, 213
C = COCONUT GROVC
L = LITTLE IIAVANA
Initial
Staff
45,000
RECOMMENDATIONS
C.D.
Board
45,000
Final
45,000
100,000 250,000 250,000
100,000 100,000 100,000
50,000 50,000
275,000 275,000
50,000 50,000'
50,000 50,000
- 0 - 50,000
100,000 100,000
50,000 50,000
50,000 50,000
50,000
275,000
50,000
50,000
50,000
100,000
50,000
50,000
$2,250,950 $3,045,950 $2,645,950
175,000
1,973,250
2,631,000
175,000 175,000
1,973,250
2,401,800
1 ,9'73,250
2,401,800
13,156,000 13,156,000 13,156,000
CW = CITYWIDE D = DOWNTOWN
M = MODEL CITY 0 = OVERTOWN
190.1
CITY 01' t.114t•.11. 11.()RRIDA
IId7ER-OFFICE 1,.4i Jic)RAI•JGUr1
The Honorable Mayor and
To
Members of the City.Commission
FROM Cesar H. Odio
City Manager
WitEighteenth (18th) YeaPI
Community Development
s""'i''Cr Block Grant (CDBG)
Application
t+LimIJces:Commission Agenda
;Y. March 12, 1992
Item
RECOMMENDATION:
It is respectfully recommended that'ithe City Commission approve
the attached ordinance and resolution, appropriating (Eighteenth
Year) Community Development Block Grant Funds, authorizing the
City Manager to submit a Final Statement to the U.S. Department
of Housing and Urban Development (HUD) requesting funds in the
amount of $13,156,000, for the proposed Community Development
Program during 1992-93, and further authorizing the City Manager,
upon approval of said grant by HUD, to accept the same and
execute the necessary implementing agreements. It is further
recommended that the City Commission approve the programming of
the expected Community Development ' ,program income of $1,400,000
in revolving loan fund revenues received from the City's housing,
economic development, and building demolition programs.
BACKGROUND:
The Department of Community Development has prepared the
appropriate legislation for a public hearing on the 18th Year
Community Development Block Grant (CDBG) program scheduled for
this date. This will be the only hearing at the City Commission
regarding the proposed allocation.
In addition, staff has anticipated'that $1,400,000 in program
income will be received during the coming year in terms of
revenues from various housing ($1,200,000), economic development
and other revolving loan funds.
This supplement to the City's grant amount brings the total
amount of funding available to $14,556,000.
L• ,i
It is recommendation of staff and the Community Development
Advisory Board that funding be concentrated on those activities
which will have the greatest positive impact:
- Housing
- Public Services
The Honorable Mayor and
Members of the City Commission
Page •-2-
- Economic' Development
- Public Improvements
s
The 18th year grant of $13,156,000 will provide an increase of 4%
over the previous year's grant. .This represents an additional
$543,000 above last year's funding level of $12,613,000 for
The members of the Advisory Board} should be commended for the
long hours they put into this procees of determining the best way
to allocate the City's CDBG funds.ii Attached (I) is a summary of
recommended projects by both .the Board and staff.
There were over 33 million dollars'iworth of funding requests for
the 18th year CDBG program year. Among these requests were
several 'large scale proposals such¢as $879,000 from Dade County
HUD (not recommended), $4 million for Wynwood Community Economic
Development Corporation Trade Zone (WCEDC), (not recommended),
$1.5 million from Miami Dade Community College (not recommended
by staff) and another $2.5 million for construction of two new
buildings for CCSA/Greater Bethel Church (not recommended). One
of the buildings would have been a residential facility which may
qualify under the City's new HOME Program.
The major difference between the Board and staff recommendations
is that staff has sought to maintain funding for existing housing'
an economic development projects with the exception of several
Physical Improvement proposals. The Board, on the other hand,
has recommended a drastic reduction in funds to the City's
Housing Program and is proposing the funding of other community
based organizations project request's.
project allocation.
I. Housing:
Since 1978, a major portion of the3 City's annual CDBG allocation
has been earmarked for the prov,i,sion of low -interest loans and
direct grants to low and moderate income homeowners for the
purpose of financing needed home !repairs. Loan repayments are
rolled over into the program and used to provide additional loans
and grants. •
9
The Honorable Mayor and
Members of the City Cummission
Page •-3-
In addition, the CDBG funded ;;Multifamily Rental Housing
Rehabilitation Financing Program provides rehabilitation
financing for needed repairs to rental housing projects located
in the City's Community Development Target Areas, at interest
rates and terms which wouldnotryrequire major rent increase
burdens to be passed on to the low income tenants.
The Department of Development and Housing Conservation recommends
funding Single Family and Multifamily Rehabilitation Loan
Programs at the level of $1,000,0p0 each. This represents a
decrease of 50% from the previous year's $4 million dollar
allocation, due to the availabilityof $5.3 million in additional
grants under the new HOME housing program. The Community
Development Advisory Board recommended the level of $1,000,000
total for both City programs.
The Board moved for continued funding of the Allapattah Business
Development Authority and the Wynwood Community and Economic
Development Corporation against staff recommendations. The Board
and staff recommended funding for seven (7) Community Based
Organizations, CODEC, East Little Havana, Tacolcy, St. John
Community Development Corporation,; Florida Housing Cooperative,
and two (2) new organizations Little Haiti Housing Association
and Greater Miami Neighborhoods.
Six (6) of the CBO's are recommended for administrative and
programmatic funding at the level of $50,000 each. Only Greater
Miami Neighborhoods is recommendedlat a higher level of $100,000.
Greater Miami Neighborhoods (GMN)lis not a standard community
based organization, since it provides project development and
technical assistance to other :non-profit housing organizations
engaged in the development'of neighborhood housing projects.
"II. PUBLIC SERVICE: ) .
Support services which complement the physical and economic
develupment thrust of the Community Development Program are
essential to assist residents and improve the quality of life in
neighborhoods. The public services programs recommended for
funding are tailored to meet the needs of the particular
neighborhoods and include: meals,elderly services, child care,
primary health care and special needs.
.92- 190•i
The Honorable Mayor and
Members of the City Commission
Page -4-
Federal regulations limit available CDBG funding for public
services to a fifteen per cent (15%) cap of the total CDBG grant.
Due to an increase in the City's f8th Year CDBG entitlement, the
available amount for public services will also increase from
$1,891,950 to $1,973,250 (an increase of $81,300). In the 17th
Year, the City Commission allocated the allowable 15% cap of its
CDBG allocation for public services and the recommendations of
both the Citywide Advisory Board and the administration support
the continuation of this policy.
In the 18th Year, staff received funding requests for public
services in the amount of $4,643,756- The 18th Year staff
recommendations includes the continuation of funding to existing
projects at current funding levels for those agencies requesting
18th Year funding, which commits $1,861,370 of the $1,973,250
available. The staff recommendation further allocates the
remaining available public services balance of $111,860 to the
City of Miami Comprehensive Homeless Assistance Project.
It should be noted that, if other new projects are funded or
allocations to existing projects ere increased, then such funding
must be taken from either recommended public service agencies or
the City of Miami project for thehomeless.
The Citywide Community Development Advisory Board concurs with
the staff recommendation for the allocation of CDBG public
service funds, except as follows:
1. The Advisory Board recommends funding the following
agencies, which are not part of the staff recommendation:
Better Way of Miami, ?Inc.
Haitian American Civie Association
Positive, Inc.
$10,000
76,000
10,000
2. The Advisory Board recommends that funding for the
aforementioned three (3) projects be taken from the staff
recommendation of funding...for the City of Miami Homeless
Project, thereby reducing1 the City of Miami Homeless
Project to $15,880.
92- 190.1.
The Honorable Mayor and
Members of the City Commission
Page -5-
Neighborhoods Jobs Program:
The Neighborhoods Jobs Program is also recommended for continued
funding at the reduced level of $17'5,000, a decrease of $45,000
from last year's allocation of $220000. This reduction is the
result of success in obtaining additional funding through the
South Florida Employment and Training Consortium and the State of
Florida. It is projected that the Neighborhoods Jobs Program
will place approximately 1,000 City of Miami residents in
unsubsidized employment in the coming year, including many hard
core unemployed individuals.
III. ECONOMIC DEVELOPMENT:
The staff and the Board recommended the funding of ten (10)
Community Based Organizations (CBO's) for the 1992-93 fiscal
year. However, staff differs on the,};level of funding for several
of these agencies. The Board recommends $100,000 for Martin
Luther King Economic Development Corporation, and $100,000 for
Wynwood Community Economic Development Corporation. Staff
recommends $50,000 for all organizations.
The Board and staff agree on no funding for the Latin Quarter
Association. There are three existing CBO's undertaking economic
development and housing activities in Little Havana. This agency
was not recommended last year. s
Administrative funding for the Department of Development and
Housing Conservation in the amount of $250,000 to manage the
Southeast Overtown Park West project is also included as part of
the CDBG allocations. , .
In addition, staff recommends providing funds in the amount of
$250,000 to Miami Capital Development, Inc. (MCDI), to provide
technical and financial assistance .to'small•and/or disadvantaged
businesses located in the City of Miami target areas. Likewise,
staff proposes to continue funding the Revolving Loan Fund
Program managed by MCDI at the level of $1,750,000 for business
development which is used to provide low interest loans to small
and/or disadvantage businesses located in the low income target
areas.
92- 190.9.
The Honorable Mayor and
Members of the City Commission
Page -6-
Staff is also recommending the funding of the Target Area/Nini-
UDAG project at the level of $445,800- This program provides
loans to non-profit agencies and qualified businesses for
neighborhood improvement and job creation projects. The Board
recommends a reduced level of $200,000.
Participation in the program requires a match of one to one for
requests up to $50,000 and two to one for requests over this
amount. This program can also be:utilized for project funding of
economic development or other physical improvement requests that
have not been recommended herein for grant funding.
IV. PUBLIC IMPROVEMENTS:
Staff is recommending the funding of nineteen (19) projects
totalling $2,300,950. Of this figure, $675,000 is recommended
for Improvements to Facilities inseven (7) neighborhood parks.
The major portion of the funding ($945,138) is recommended for
Neighborhood Street Improvements.
Under Historic Preservation the staff is recommending $100,000
for the renovation of the Old Fire House No. 2 and $100,000 for
the completion of the Lyric Theater by the Black Archives. The
Advisory Board recommended $250,000 for the Black Archives.
The Board also differed with staff in its recommendation of
funding for several requests from the Downtown Development
Authority, a funding request from One Art, Inc., and increasing
the amount to Grove Family Health Center and other projects.
V. CONTINUING PHYSICAL PROJECTS ASSOCIATED WITH HOUSING:
Stuff recommends the continued funding of the following three (3)
projects:
1. Code Enforcement and Building Demolition to
continue the City's Code Enforcement
Program, funding recommended at $375,000.
2. Citywide Senior Crime Watch Security
Program, which provides home security
improvements on a,, Citywide basis,
recommended at the level of $55,000.
92- 190.1
Program, funding recommended itt $375,000.
2. Citywide Senior Crime Watch Security
Program, which provides home security
improvements on a Citywide basis,
'recommended at the level of $55,000.
• 92- 190.1
The Hono able Mayor and
Members f the City Commission
Page<7-)
3. Tri-City Community Association's Home
Improvement project is recommended at
$50,000 with priority to improving the
homes of low income homeowners. The Board
recommended increasing the agency's
allocation to $80,000. Staff, however,
recommends the agency pursue other funding
sources and will assist the agency in this
regard.
The Board however only recommended the level of $200,000 for the
Code Enforcement project.
VI. ADMINISTRATION:
Staff recommends that the level for administration be maintained
at the same level percentage of grant funds (20%) as last year.
Administration funds are utilized;to cover general administration
of the program, planning activities and indirect cost.
Attachments:
Proposed Ordinance and Resolution
a,"55).q
92- 190'i