HomeMy WebLinkAbout23539AGREEMENT INFORMATION
AGREEMENT NUMBER
23539
NAME/TYPE OF AGREEMENT
EDGEWATER ECONOMIC DEVELOPMENT CORPORATION
DESCRIPTION
AMENDMENT #2 TO CDBG AGREEMENT/NEIGHBORHOOD
ECONOMIC DEVELOPMENT PROGRAM/FILE ID: J-92-681/R-92•
0549
EFFECTIVE DATE
November 6, 1992
ATTESTED BY
MATTY HIRAI
ATTESTED DATE
1/13/1993
DATE RECEIVED FROM ISSUING
DEPT.
1/13/1993
NOTE
l!
a35q
-):7--1--e<._
This .Amendment s entered into as of this day of
14VLP
, 1992, amending the Agreement dated day of
1992 between the City of Miami, a municipal
AMENDMENT NO.1:.
the State of Florida ("CITY"), and
r/E" Lt/A'4E'/P 1COhom ic �L=L"l snE��R , a Florida
not orprofit corporation ("CONTRACTOR").
P ( )
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 hereby amended as follows:
TERM OF THE AGREEMENT: July 1, 1992 - September 10, 1992
AMOUNT: $9,863.00
corporation of
0
1` The Term of the Agreement will only be extended for the
4)
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 date above written.
ATTE
MATT HIRAI
CITY CLERK
2
CITY OF MIAMI, a municipal
corporation of the State of
Florida
CESAR H. ODIO
CITY MANAGER
ATTEST: ,y
CORPORTE S•CRETARY
CONTRACTOR:
ADDRESS
CITY STATE ZI
PRESIDENT
APPROVED AS TO FORM AND CORRECTNESS:
CLL:ra:P018
CORPORATE RESOLUTION
WHEREAS, 0,4 j? EC 0 ✓!D / /e ,O 76'/ lh6'�J
denlren to enter into an igrecm-e with the City of Miami; and
WHEREAS, the hoard of Directors at a duly held corporate
meeting han considered the matter in nccordante with the By -Laws
of the corporations;
NOS1, THEREFORE, BE IT RESOLVED BY T1IE 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 _2_2 day of
, 19..2•
BOARD OF DIRECTORS CIIAI
SE/L
CITY OF MIAMI, FLORIDA
INTRinA R mORANDUM
TO :
FROM :
Matty Hirai
City Clerk
Rae/ ///
ones, SIT
City A rney
1992 NOV -9 Ali II: 11
DATE :
MATTY HIRAI
CITY CLI_r►$U JECT :
CITY OF 141011, FLA.
•
J-92-505
November 6, 1992 FILE : J-92-68 1
Resolution No. 92-459 and
Resolution No. 92-549
REFERENCES :Community Based Organizations/
Community Development Corps.
ENCLOSURES ': ( 2 )
Resolution No. 92-459 and Resolution No. 92-549 were adopted
by the City Commission on July 9th and September loth, 1992,
respectively. Both Resolutions deal with the execution of
agreements and funding for Neighborhood Economic Development
Community Based Organizations ("CBOs") and Neighborhood Based
Housing Community Development Corporations ("CDCs") for specific
periods of time.
Unfortunately, the agreements -and the funding for the CDCs
were not addressed in the legislation originally prepared and
subsequently executed by the Mayor. Since a review of the
transcripts from the meetings definitely reflects that the
agreements and the funding of both the CBOs and CDCs were the
intent of the City Commission, we have prepared the attached
corrected legislation.
Please discard the legislation presently in your possession
and substitute both items with the attached corrected
Resolutions.
BSS:P862
cc: Frank Casteneda, Director
Department of Community Development
Jeff Hepburn, Assistant Director
Department of Development and Housing Conservation
�14
92- 459
f
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, FOR THE PERIOD OF JULY 1
THROUGH SEPTEMBER 10, 1992, WITH THIRTEEN
(13) NEIGHBORHOOD ECONOMIC DEVELOPMENT
COMMUNITY BASED ORGANIZATIONS ("CBOS"), AND
NINE (9) NEIGHBORHOOD BASED HOUSING COMMUNITY
DEVELOPMENT CORPORATIONS ("CDCS"), FOR THE
AMOUNTS AS SPECIFIED HEREIN, TO IMPLEMENT
ECONOMIC DEVELOPMENT PROGRAMS AND TO
STIMULATE HOUSING AFFORDABLE TO LOW AND
MODERATE INCOME FAMILIES AND INDIVIDUALS IN
THE CITY OF MIAMI; ALLOCATING FUNDS THEREFOR
FROM THE EIGHTEENTH (18TH) YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM.
WHEREAS, the City Commission is committed to economic
development, the expansion of trade and commerce, and the
development of housing within the affordability range of families
and individuals of low and moderate income; 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 recognizes that participation
of both the public and private sector is necessary to foster the
development of housing; and
WHEREAS, the City Commission is desirous of continuing
neighborhood economic development programs with various CBOs, and
neighborhood based housing programs with various CDCs, and funds
ATTACHMENT (S)
CST TAU D
CITY COR'IIVIISSION
MEETING OE
JUL 0 9 1992
Resolution No.
92- 459
are available from the Eighteenth (18th) Year Community
Development Block Grant Program for such purposes; and
WHEREAS, on March 12, 1992, the City Commission approved
Resolution No. 92-190.1 to fund neighborhood economic development
community based organizations and neighborhood based housing
community development corporations; and
WHEREAS, the City Commission has authorized the City Manager
to enter into agreements with thirteen (13) CBOs and nine (9)
CDCb for the period from July 1 through September 10, 1992; and
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 of July 1 through September 10,
1992, with the following community based organizations, for the
amounts as specified herein, for the purpose of implementing
Neighborhood Economic Development Programs, 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
Program:
-2-
92- 459
CB0 AMOUNT
1. Allapattah Business Development, Inc. $ 9,863
2. Coconut Grove Local Development 9,863
Corporation, Inc.
3. Downtown Miami Business Association, Inc.
4. Edgewater Economic Development Corporation
5. Haitian Task Force, Inc.
6. Latin Quarter Association, Inc.
7. Little Havana Development Authority, Inc.
8. Martin Luther King Economic Development
Corporation, Inc. 9,863
9. New Washington Heights Community Development
Conference, Inc.
10. Overtown Advisory Board
11. Park West Association, Inc.
12. Small Business Opportunity Center, Inc.
13. Wynwood Community Economic Development
Corporation, Inc.
9,863
9,863
9,863
9,863
9,863
9,863
9,863
9,863
9,863
9,863
Section 3. The City Manager is hereby authorized to execute
nine (9) individual contractual agreements, in substantially the
attached form, for the period of July 1 through September 10,
1992, with the following neighborhood based housing community
development corporations, for the amounts as specified herein,
for the purpose of undertaking activities to stimulate the
development of housing affordable to low and moderate income
families and individuals
in the City of Miami,
approval of each agency's work
Housing and Urban Development
allocated from the Eighteenth
Block Grant Program:
subject to
program by the U.S. Department of
(HUD), with funds therefor hereby
(18th) Year Community Development
-3..
92- 459
CDC
1. Allapattah Business Development Authority
2. CODEC, Inc.
3. Little Haiti Housing Association
4. East Little Havana Community
Development Corporation
5. Florida Housing Cooperative, Inc.
6. Greater Miami Neighborhoods, Inc.
7. St. John Community Development Corporation
8. Tacolcy Economic Development Corporation
9. Wynwood Community Economic Development
Corporation
Section 4. This
Resolution
AMOUNT
$ 9,863
9,863
9,863
9,863
9,863
19,726
9,863
9,863
9,863
shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 9th day of Jul •9.
AVIER .. :UAREZ,,MAYOR
CITY CLERK
COMMUNITY P ELOPI4ENT REVIEW AND APPROVAL:.
FRANK CASTANEDA, DIRECTOR
DEPARTMENT OF COMMUNITY DEVELOPMENT
-4-
92- 459
BUDGETARY! REVIEW AND APPROVAL:
MANOHAR S. SURANA
ASSISTANT CITY MANAGER
FINANCIAL DEPARTMENT REVIEW AND APPROVAL:
CA`a GARCIA, DIRECTOR
DEPAR MENT OF FINANCE
PREPARED AND APPROVED BY:
CARMEN L. LEON 1
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
. QU JO•; III
CITY ATTORN
BSS:bss:M3
-5-
92- 459
J-92-1 7
3/12/92
99_-- 190.1.
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
FUNDSIN 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.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
SECTION 1. The City Manager is hereby authorized to submit
,the attached approved Grant Program 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
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 supject to applicable City Code
provisions.
SECTION 3. This Resolution shall become effective
immediately upon its adoption.
.P. 7 7 r`. FIB:. D
Cr f tl PiGf`a eyd
CITY COMMISSION
MEETING OF
MAR 1 2 1992
11es01ut10I1 NO.
92.— 190.1.
r e °
PASSED AND ADOPTED this 12th
1'992.
ATTEST:
MA HIRAI, CITY CLERK
BUDGETARY REVIEW:
day of
March
VIER L. SU:REZ, OR
COMMUNITY DEVELOPMENT REVIEW:
MANOHf L'RANA, DIRECTOR FRANK CA A1'EDA,/DIRECTOR
DEPT. OF COMMUNITY DEVELOPMENT
DEPAROF BUDGET
PREPARED AND APPROVED BY:
ALBERTINE B. SMITH
CHIEF ASSISTANT CITY ATTORNEY
FINANCE REVIEW:
CARLOS GARCIA, DI%HECTOR
DEPARTMENT OF FINANCE
APPROVED AS TO FORM AND CORRECTNESS:
�f. QU'INN 9'ES, III
CITY ATTO••EY
ABS/gfa/csx/M2825
-2-
92 190'1
Attachment I
CITY OF MIAMI
DEPARTMENT OF COMMUNITY DEVELOPMENT
18T11 YEAR CDBG PROPOSALS
HOUSING PROJECTS RECOMMENDATIONS
TA NAME OF PROJECT
Amount Initial C.D.
Requested Staff Board Final
Department of Development
and }lousing $2,000,000 $2,000,000 $1,000,000 $1,000,000
Department of Planning,
Building & Zoning
(Code Enforcement)
300,000 375,000 200,000 200,000
A Allaputtah Business
Development Authority 43,270 50,000 50,000
E Tacolcy CDC 50,000 50,000 50,000 50,000
L East Little Havana CDC 60,000 50,000 50,000 50,000
O 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 75,000
CW Senior Crime Watch Program 66,983 55,000 55,000 55,000
CW Florida Housing Cooperative 42,249 50,000 50,000 50,000
D DDA-Homeless Housing
Facility 1,300,000
CW HOPE, Inc. 25,000
CW Dade County HUD 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
J2- 190,1
-1-
✓ d.
TA
0
0
M
L
L
L
E
E
CW
CW
CW
A
W
0
D
D
D
D
D
C
0
E
W
W
CW
CITY OF MIAMI
DEPARTMENT OF COMMUNITY DEVELOPMENT
18TII YEAR CDBG PROPOSALS
ECONOMIC DEVELOPMENT PROJECTS
NAME OF PROJECT
New Washington Heights CDC
New Washington heights/
Hotel Soft Costs
Martin Luther King EDC
(Sonic Administration)
Little Havana Development Auth.
Small Business Opportunity Center
Latin Quarter Association
Greater Biscayne Boulevard
Chamber (GBBC)
GBBC Administration for area
Improvement Project
MDCC-Entrepreneurial
Consulting Services
Miami Capital Development,
Inc. - Administration
Miami Capital Development,
Inc. - Revolving Loan Fund
Miami Capital Development,
In_c. - Revolving Loan Fund
for EDA
Allapattah Business Development
Authority
Edgewater Economic Development
Corporation
Park West -Association, Inc.
Downtown Miami Business Ausoc.
MDCC-Wolfson Campus
DDA-Information KIOSKS
DDA-Commercial Facade Program
DDA-Economic Development
Incentive Fund 500,000'
Coconut Grove LDC 950,000
0vertown Advisory Board 80,000
Haitian Taslc Force 50,000
Wynwood Community E.D.0 (WCEDC) 100,000
WCEDC- Trade Zone 4,000,000
Target Area - Mini UDAG
Deportment of Development
(Southeast/Overtown
Administration
L Little Haiti Project Reserve
W Wynwood Project Reserve Fund
SUB -TOTAL:
Amount
Requested
$50,000
50,000
100,000
50,000
50,000
50,000
50,000
130,996
150,00
250,000
RECOMMENDATIONS
Initial C.D.
Staff Board
$50,000 $50,000
50,000
50,000
50,000
50,000
Final •
$50,000
100,000 100,000
50,000 50,000
50,000 50,000
50,000
50,000 50,000
250,000 250,000
2,000,000 1,750,000
125,000
50,000
50,000
50,000
60,000
1,500,000
25,000
100,000
250,000
Fund - 0 -
- 0 -
1,000,000
50,000 50,000
50,000
50,000
50,000
50,000
1,000,000
250;000
1,000,000
50,000
50,000
50,000
50,000
1,000,000
300,000 • 300,000
50,000 50,000 50,000
50,000
50,000 50,000 50,000
50,000 100,000 100,000
495,800 200,000 200,000
250,000 250,000 250,000
- 0 - - 0 - 200,000
- 0 - - 0 - 100,000
$10,820,996 $3,245,800 $3,700,000 $3,800,000
-2-
92 .. 190.1
CITY OF MIAMI
DEPARTMENT OF COMMUNITY DEVELOPMENT
18TH YEAR CDBG PROPOSALS
PHYSICAL IMPROVEMENTS RECOMMENDATIONS .
Amount Initial C.D.
TA NAME OF PROJECT Requested Staff Board Final
D DDA Flagler Street Landscape $20,000 $20,000 20•,000
O DDA 0vertown/ParkWest
Improvements 200,000 200,000 -• 0 -
O DDA ParkWest Linear Park 200,000 200,000 -• 0 -
Department of Public Works/
Street Improvements 2,190,000 945,138 945,138 945,138
New Fire Station No. 5 1,500,000
E Department of Public Works/
Biscayne Beautification 125,000 125,000 125,000 125,000
L Manuel Artime Community Center 100,000 100,000 100,000 100,000
W One Art, Inc., Center
Renovation 125,000 75,000 75,000
L CCS/Little Havana Child Care 45,812 45,812 45,812 45,812
W CCS/San Juan Day Care 400,000
C Grove Family Health Center 565,000 25,000 125,000 125,000
CW Greater Miami Youth Services
Corps. 172,000 65,000 65,000 65,000
CW Greater. Miami Youth Services
Corps. 25,000 25,000 25,000 25,000
W Iloly Cross Day Care 450,000
L Miami Mental Health 199,685
CW Weingart School Improvements
(Proposal Submitted Late) 100,000
PLANNING DEPARTMENT
A Wagner Creek Dredging
C Franklin Avenue Cemetery
Security
L Northeast Cluster
Revitalization
L Cuban Martyrs Wall
L Tower Theater Renovation
L Latin Quarter Specialty
Center
92.7,000
50,000
150,000
40 000
200,000'
250,000
50,000
50,000 50,000
-3- . 9 2 -- 190.1
TA
M:
0'
0
PLANNING DEPARTMENT IIECOMMENDATIONS
NAME OF PROJECT
N.W. 15th Avenue Planters
N.W. 3rd Avenue Improvement
N.W. 3rd Avenue Facade
IIISTORIC PRESERVATION
0 Black Archives/Lyric Theate
0 CCSA/Greater Bethel Church
Committee Center
0 01d historic Fire House No.
A
C
E
L
0,
W
M
CI)
CD
CD
CD
PARKS DEPARTMENT
Curtis Park Improvements
Grand Avenue Park Building
Amount
Requested
45,000
250,000
100,000
r 515,625
2,494,975
2 100,000
Initial
Staff
45,000
C.D.
Board
45,000
100,000 250,000
100,000
100,000
50,000 50,000 50,000
Renovation 275,000 275,000 275,000
Eaton Park/New Construction 50,000 50,000 50,000
Henderson Park Building
Replacement
Shenandoah Park Field Lighting
Gibson Park Improvements
Clemente Park Picnic
Facilities
African Square Improvements
50,000 50,000 50,000
100,000 - 0 - 50,000
100,000 100,000 100,000
50,000 50,000 50,000
50,000 50,000 50,000
SUB -TOTAL: S12,265,097
Neighborhood Jobs Program
Contingency
Social Programs
Administration
TA: A = ALLAPATTAII
E = EDISON
W = WYNWOOD
TOTALS:
175,000
- 0 -
4,643,756
2,631,000
$36,200,213
C = COCONUT GROVE
L = LITTLE 1IAVANA
$2,250,950 $3,045,950
175,000
1,973,250
2,631,000
175,000
1,973,250
2,401,800
13,156,000 13,156,000
Final
45,000
250,000
100,060
50,000
275,000
50,000
50,000
50,000
100,000 ;
50,000
50,000
$2,645,950
175,000
1,97 3,250
2,401,800
13,156,000
CW = CITYWIDE D = DOWNTOWN
M = MODEL CITY 0 = OVEII'rOWN
82- 1901.
CITY OF 1.11.40.11. FLORIDA
IUTER-OFFICE iVOEMORAt fJUM
to T.he Honorable Mayor and
Members of the City Commission
DA1E
St 4+.h: CT
Eighteenth (18th) Year
Community Development
Block Grant (CDBG)
Application
FROM. Cesar H. Odio Kr)iREI)CES:COmmiSSiori Agenda Item
City Manager March 12, 1992
EUCi.u:MkES :
RECOMMENDATION:
It is respectfully recommended that the 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.
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
92- 190.1
0
The Honorable Mayor and
Members of the City Commission
Page •-2-
- Economic Development
- Public Improvements
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
Project allocation.
The members of the Advisory Board should be commended for the
long hours they put into this process of determining the best way
to allocate the City's CDBG funds. Attached (I) is a summary of
recommended projects by both the Board and staff.
There were over 33 million dollars worth 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 requests.
I. Housing:
Since 1978, a major portion of the City's annual CDBG allocation
has been earmarked for the provision 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.
1901
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 would not require 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 $1,000,000 each. This represents a
decrease of 50% from the previous year's $4 million dollar
allocation, due to the availability of $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 recommended at a higher level of $100,000.
Greater Miami Neighborhoods (GMN) is 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
development 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
6
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 en increase in the City's 18th 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 $111,880 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 are increased, then such funding
must be taken from either recommended public service agencies or
the City of Miami project for the homeless.
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 Civic 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 reducing 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 $175,000, a decrease of $45,000
from last year's allocation of $220,000. 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.
Administrative funding for the Department of Development and
Housing Conservation in the amount of $250,000 to manage the
Southeast 0vertown 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- 190.1.
The Honorable Mayor and
Members of the City Commission
Page -6-
Staff is also recommending the funding of the Target Area/Mini-
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 in seven (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:
Staff 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.
190.1
t
ig
The Honorable Mayor and
Members of 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
jat 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
92- 190.1.
CITY OF MIAMI, FLORIDA
ECONOMIC DEVELOPMENT COMMUNITY BASED ORGANIZATION (CEO)
6-74
THIS AGREEMENT .entered into this ,day of/A;Al,'< < /lL'
19 9 between the City -of Miami, a municipal corporation of the
State of Florida, (he reinafter referred to as the "CITY"), and
Edgewater Economic Development Corporation., a Florida not for
profit corporation, (hereinafter referred to as the
"CONTRACTOR")..
FUNDING SOURCE: Eighteenth (18th) Year Community Development
Block'Grant Funds
TERM OF THE AGREEMENT: July 1, 1992 to June 30, 1 99n3
AMOUNT: $ 50,000.00 -
TAX IDENTIFICATION NO.: 65-0343976
EXECUTIVE DIRECTOR: Juan B. Jane
ADDRESS: 229 N.F. 26th Terr., Miami, F1 33137
TELEPHONE NO.:
NOW, THEREFORE, in consideration of the mutual covenants and
obligations herein set forth, the parties understand and agree as
follows:
ARTICLE I
1.0 BASIC REQUIREMENTS
As- a necessary part of this agreement, the following
documents must be approved by the City prior to its
execution, and must be on file with the Department-' of
Community Development.
Corporate Resolution authorizing execution of this
Agreement.
The Work Program submitted by the CONTRACTOR to the CITY
became an attachment to this agreement and shall include the
following:
/ 3
A description of the work to be performed;
A schedule for completing the work; and
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 agreement.
1.3 Budget Summary, to include: completion of CONTRACTOR's
Program/Line-Item Budget/Expenditure Justification, Total
Actual and Projected Funds Disclosure, and Staff Salaries
Schedule; (on forms supplied by the CITY); budget for
program -generated revenues; 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 liability insurance, naming the CITY as primary or
additional insured as determined by the Risk Management
Division of the CITY; current Workers' Compensation
insurance; current Fidelity Bond (applicable for all persons
who are authorized to receive and disburse funds under this
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-
V
1.6 Copy of CONTRACTOR's Article of Incorporation, Charter and
Bylaws.V
1.7 List of Present Principal Governing Board Officers and
Members of the Board (names, addresses and telephone
numbers) .t/
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.
1.121Copy of last Audit Report as performed by an independent
C.P.A.
1.13 Corporate Personnel Policies and Procedures.
1.14 Job Description and Resumes 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 Depositaries), "B" (Bonding and
Insurance), "C" (Retention and Custodial Requirements for
Records), "F" (Standards for Financial 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 Block Grant (CDBG) Program
-3-
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 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 funde budgeted, obligated
and expended for the activity, and the provision in 24
CFR Subpart C under the CDBG Program regulations wh>ch
it is eligible.
(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
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
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
-4-
person that his or her 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 tire 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 in time when the benefit was
determined.
(2) For each activity determined to benefit low and
moderate income persons based on the area served
by the activity:
(i) The boundaries of 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 .
persons in the service area is less than 51
percent, data showing .that the area qualifies
under the exception criteria set forth at
570.208(a)(1)(ii);
For each activity determined to benefit low and
moderate income persons based on the creation of
(3)
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) A 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
(3)
permanent jobs to be created
indicating which jobs will be
available to low and moderate
income persons, which jobs require
special skills or education,
and
which jobs are part-time, if any;
and
A description of actions to be
taken by the recipient and business
-6-
to ensure that low and moderate
income persons
receive first
consideration for those jobs; and
(B) A listing by 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
were interviewed for a particular job;
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 of a written agree►nent
containing:
(1) A commitment by the business that
at least 51 percent of the jobs, on
a full-time equivalent basis, will
be held by low and moderate income
persons; and
-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
For each such low and moderate income
person hired, the size and annual income
of the person's family prior to the
person being hired for the job.
(4) For each activity determined 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;
(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
(c)
-8-
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
(v)
low and moderate'ipcome 'person, information
on the size and annual income of the,person's
family;
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 sec.tio4 and
Where jobs were .claimed to be available to
lo%. and mc,?erate income persons through•
•
turn.c?ve.r, a• .; isting of each .job which has
turned over :to date, indicating which of
jpbs.c T.6 either: taken .by:, or available
lore 'anu . moderate income persons. , For
jobs, made available, a description Of. how
first oonsideration was given to such persons.
for those jobs shall also be included ifl the
those
record. '
•
(5) For each activity determined to aid:rin the
prevention or elimination of slums or blight based
on addressing one or more of the conditions which
qualified an area as 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 of the specific condition of
blight or physical decay treated; and
(ii) For rehabilitation carried out under this
category, a description of the specific
conditions detrimental to public health and
safety which were identified and the details
and scope of the CDBG assisted rehabilitation
by structure.
(7) For each activity determined to aid in the
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 wornen's business enterprises as
defined in Executive Order 12138, the amount of
the contract or subcontract, and documentation of
recipient's affirmative steps to assure that
minority business and wornen's business enterprises
have an equal opportunity to obtain or compete for
contracts and subcontracts as sources of supplies,
equipment, construction
and services. Such
affirmative steps may include, but are not limited
to, technical assistance open to all businesses
but designed to enhance opportunities for these
enterprises and special outreach efforts to inform
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.
-11-
(2) Data on the extent to which each racial and ethnic
group and single -headed households 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 as to compliance is required
to attain or maintain any particular statistical
measure by race, ethnicity, or gender in covered
programs.
(3) Documentation of actions undertaken to meet the
requirements of 24 CFR 570.607(b) which implements
section 3 of the Housing 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.
(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 documents to the Department of
Community Development, in accordance with the requirements
of the Agreement:
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-133). The City of Miami's
Department of Internal Audits and Reviews shall have
the authority to review CONTRACTOR's records, including
programmatic records and books of account, for a period
of up to three (3) years 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
3.1 TIME OF PERFORMANCE
The term of this Agreement shall be from July 1, 1992, to
June 30, 1993.
3.2 CITY AUTHORIZATION
For the purpose of this Agreement, the City of Miami
Department
of Community Development
(hereinafter the
.-13-
"DEPARTMENT") will act on behalf of the CITY in the fiscal
control, programmatic monitoring, and modification of this
Agreement, except as otherwise 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
incorpoted herein and made a part of this Agreement, in a
lawful,
and proper manner,
satisfactory to the CITY, in
accordance with the 'written policies, procedures, and
requirements as prescribed in this Agreement, as set forth
by the U.S. Department of Housing and Urban Development
(HUD) and the ,City of Miami. Department of Community
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.
-14-
3.6 BONDING AND INSURANCE
CONTRACTOR shall maintain insurance and bonding coverages
acceptable to the CITY's Rislc 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 to the CITY's Risk Management
Division of the Personnel Management Department.
(b) Fidelity bonding for all persons handling funds
received or disbursed under this Agreement in an amount
equal to or greater than the amount of the City grant.
City shall be named as Loss Payee.
(c) Current liability insurance shall be in amount of not
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
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
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'
Liability coverage as
per statutory
requirement.
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 Agreement.
3.7 LEVEL OP' 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
existence prior to the initiation of services hereunder,
shall be continued and shall not be reduced in any way as a
result of this Agreement. Programs funded through this
Agreement shall not result in the displacement of employed
workers, impair existing contracts for services, 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.
3.8 OTHER PROGRAM REQUIREMENTS
(a) CONTRACTOR shall comply with its obligations as
described in its Management By Objectives (MBOs)
(Attachment IV) which is attached and incorporated
herein and made a part of 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), (Attachment I).
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).
3 9 PROGRAM INCOME
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 CDBG 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 received after such expiration shall be
paid to the CITY, as required by 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.
(c)
-17-
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 of 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 observations by CITY staff; CONTRACTOR
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 monitoring and evaluation by the CITY,
shall constitute good cause for the CITY to terminate this
Agreement at any time thereafter.
ARTICLE IV
4.0 FUNDING
4.1 COMPENSATION
A. CITY shall pay CONTRACTOR, $50,000.00 as maximum
compensation for the services provided during the term
of this agreement. The CITY shall compensate the
CONTRACTOR for all expenditures made in accordance with
-18-
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 form and be in accord with this
Agreement. All expenditures must be verified by
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
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 a line item in the budget.
Request for line -item changes are allowable, with prior
-19-
review and approval by the CITY. All line -•item changes
must be made prior to the end of the term of the
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
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 and 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 revenue generating 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-
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
allowable expenditures. Any payments made to
are subject to reduction for overpayments
submitted invoices.
4.4 RECAPTURE OF FUNDS
CITY shall
constitute
CONTRACTOR
on previously
reserve the right to recapture funds when the
CONTRACTOR shall fail (i)
to comply with the
Agreement or (ii) to accept
the direction of the federal,
4.5 CONTINGENCY CLAUSE
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terms of this
conditions imposed
by CITY at
state and local agencies.
Funding for this Agreement is contingent 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
when entering into subcontracts.
ARTICLE V
5.0 GENERAL REQUIREMENTS
5.1 INDEMNIFICATION
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
No amendments to this Agreement shall be binding on either
party unless in writing and signed by both parties.
5.3 OWNERSHIP OF DOCUMENTS
All documents deve-loped by CONTRACTOR under this Agreement
shall be .delivered to CITY by said CONTRACTOR upon
completion of
the services required pursuant to this
Agreement and shall become the property of CITY, without
restriction or limitation on its 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 (Attachment I).
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.
5.4 AWARD OF AGREEMENT
CONTRACTOR 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,
commission percentage, brokerage fee, or gift of any kind
contingent upon or resulting from the award of this
Agreement.
5.5 NON-DELEGABILITY
The obligations undertaken by the CONTRACTOR pursuant to
this Agreement shall not be delegated or assigned to any
other person or firm unless CITY shall first consent in
writing to the per-formance or assignment 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 of 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, however, shall CITY pay CONTRACTOR
an amount in excess of the total sum provided by this
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
t.o 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 lon'ger 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
-25-
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.
CITY OF MIAMI CONTRACTOR
Edgewater Economic Development
Corporation
3500 Pan American Drive
Miami, Fla. 33133 Miami, Fla.
B. Title and paragraph headings are for convenient
reference and are not a part 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
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.
NATTY HIRAI
CITY CLERK
ATTEST:
( CO,IfPORATE S CRE'TARY
U
WITNESS:
APPROVED AS TO
INSURAiCE REQUIREMENTS:
, DIRECTOR
DEPARTMENT
CITY OF MIAMI, a municipal
Corporation of the State of
Florida
CESAR H. ODIO
CITY MANAGER
CONTRACTOR: Edgewater Economic
Development Corporation
Miami, Florida
l PRESIDENT
—28-
SEAL
APPROVED AS TO FORM AND
CORRECTNESS:
A. QU NN Jr r,S, III
CITY ATTO
WHEREAS,
CORPORATE RESOLUTION
f
desires to enter ititro an agreement with the City of Miami; and
WHEREAS, the Board of Directors at a duly held corporate
meeting has considered the matter in nccordnnte with the By -Laws
of the corporations;
NOW, THEREFORE, BE IT RESOLVED BY 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 Miami upoii the terms contained
in the proposed contract to which this resolution is attached.
DATED this $ day of (I/4 , 19 72.
SECRETARY'
BOARD OF DIRECTORS ClAIyt ' SO
SEAL
or
NSURAN : BINDE
a.
ISSUE OATE (MM/00M'1
'7/27/92
THIS BINDER IS'A TEMPORARY INSURA110E CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM.
PRODUCER
`MELNICF( F'ELDMAN NUnIN
10071 PINES BLVD
PEMBROKE PINES FL 3302i-6136
CODE \
09052
SUB•CODE
COMPANY
MICHIGAN MILLERS
BINDER Na
EDGEAO-1 AD
DATE
7/01/92
EFFECTIVE
TIME
112:01 X
AM
PM
DATE EXPIRATION TIME
r/01/ 3 X 12:01AM
NOON
THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED
CGMPANY PER EXPIRING POLICY NO,:
INSURED
EDGEWATER ECON1OMIC DVLF' CORP
A RODRIGUEZ
227 N E 26; TERF
MIAMI FL33137
OVERAGES
TYPE OF INSURANCE
PROPERTY
CAUSES OF LOSS
' BASICnBROAO SPECIAL
Contents
E. rrliit9s
DESCRIPTION OF OPERATIONSNEHICLES/PROPERTY (INCLUDING LOCATION)
PACKAGE DLX OFFICE
LIABILITYOCCURRENCE.
COVERAGES/FORMS
ALL LIABILITY LIMITS IN THOUSANDS '
AMOUNT
5
DEDUCTIBLE
250
GENERAL LIAEILITY
x COMMERCIAL GENERAL LIABILITY(
t CIA A11 MA08 1 �.� 0=4.+EnCE
OWNER'S & CONTRACTORS
PROTECTIVE
AUTOMOBILE
LIABILITY
= NON/OWNED
HIRED
._. GARAGE
k.A.t0 PHYSICAL DAMAGE
COLLISION DED:
OTC D'EO:
RETRO DATE FOR CLAIMS MADE: _
ALL VEHICLES U SCHEDULED VEHICLES
GENERAL AGGREGATE
CONNSURANCE
47000
PRODUCTS•COt1P/0PS AGGREGATE
5500
PERSONAL i ADVERTISING INJURY
EACH OCCURRENCE
$500
s5a0
FIRE DAMAGE (ANY ONE FIRE)
s50
MEDICAL EXPENSE (ANY ONE PERSON)
CSL
S
6
81 PERS/ACCID
$
PO
MED. PAY
E
PIP
S
um -
__J ALL VEHICLES SCHEDULE° VEHICLES
ACV'
STATED AMOUNT •$
OTHER
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
RETRO DATE FOR CLAIMS.MADE'
occuNcE
AOrPEGATE
TELF•W3URED
A1'ENTION
WORKER'S COMPENSATION
AND
EMPLOYERS' LIABILITY
STATUTORY
IJ'
'r.
4
S
(EACH ACCIDENT(
(DISEASE•POUCY LIMIT)
(DISEASE•EACH EMPLOYEE)
1
SPECIAL CONDITIONS/RESTRICTIONS,OTHER COvERAGES
VALUABLE PAPERS $
FIDELITY COVERAGE
$50000 -HIRED F. N
CITY OF •MIAMI AS
;'NAME & ADDRESS
5000 SIGN COVERAGE
-EMPLOYEE DISHONESTY
ON -OWNED AUTO .1tIAE1IL ITY
ADDITIONAL INSURED.AND LOSS PAYEE
CIITY OF MIAMI-COMMUNITY DVLFT
PROGRAM -FRANK CASTANEc
300 BISCAYNE EILVD IP90:1
MIAMI FL 33131
MORTGAGEE
LOSS PAYEE
LOAN#
R LiSS PAYEE
AUTHORIZE • ' RE NTATIVE
• ADDITIONAL INSURED
STEVEN MELNICK CIC
A3539
ACORD7S•S j10/80)
• , IIR/ACORD CORPORATION 19 J