HomeMy WebLinkAbout23543AGREEMENT INFORMATION
AGREEMENT NUMBER
23543
NAME/TYPE OF AGREEMENT
WYNWOOD COMMUNITY ECONOMIC DEVELOPMENT
CORPORATION, INC.
DESCRIPTION
CDBG AGREEMENT/NEIGHBORHOOD ECONOMIC
DEVELOPMENT PROGRAM/FILE ID: J-92-167/R-92-0190.1
EFFECTIVE DATE
January 6, 1993
ATTESTED BY
WALTER FOEMAN
ATTESTED DATE
1/6/1993
DATE RECEIVED FROM ISSUING
DEPT.
1/7/1993
NOTE
3543
CITY OF MIAMI, FLORIDA
ECONOMIC DEVELOPMENT COMMUNITY BASED ORGANIZATION (CBO)
THIS AGREEMENT entered into this Capia day
43, between the City of Miami, a municipal corpoion of t
State of Florida, (hereinafter referred
to as the
"CITY"),
Wynwood Community Economic Development Corporation,
and
Inc., 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, 1993
AMOUNT: $ 100,000.00
TAX IDENTIFICATION NO.: 59-2152061
EXECUTIVE DIRECTOR: Mr. William Rios
ADDRESS: 225 N.E. 34th Street, Miami, Florida 33137
TELEPHONE NO.: (305) 576-0440
NOW, THEREFORE, in 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.
/1.1 Corporate Resolution authorizing execution of this
Agreement.
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;
1/2. A schedule for completing the work; and
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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.
11.4 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).
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I/11.6 Copy of CONTRACTOR's Article of Incorporation, Charter and
Bylaws.
/1.7 List of Present Principal Governing Board Officers and
Members of the Board (names, addresses and telephone
numbers).
List of Key Staff Persons, with their titles, who will carry
out this program.
1.9 Completion of Authorized Representative Statement.
V 1.10 Completion of Statement of Accounting System.
V 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.
V 1.12 Copy of last Audit Report as performed by an independent
C.P.A.
/1.13 Corporate Personnel Policies and Procedures.
V/1.14 Job Description and Resumes for all positions funded in
1.8
whole or in part under this Agreement.
t/1.15Acceptance 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), "N"
(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
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regulations, Final Rule, and provided as an attachment to
/ this Agreement (Attachment I).
V1.16 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 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.
(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 2,4 CFR 570.3; or the CONTRACTOR may substitute
a copy of a verifiable certification from the assisted
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forth by 24 CFR 570.3; or the CONTRACTOR may substitute
a copy of a verifiable certification from the assisted
person that his or her family income does not exceed
the applicable income limit established in accordance
with 24 CFR 570.3; or the 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 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) ;
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
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
(3) A .description of actions to be
taken by the recipient and business
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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 agreement
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
(4)
(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.
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
(C)
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 ofeany 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
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$
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)I'or 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 section; and
(v) Where jobs were claimed to be available to
low and moderate income persons through
turnover, a listing of each job which has
turned over to date, indicating which of
those jobs were either taken by, or available
to, low and moderate income persons. For
jobs made available, a description of how
first consideration was given to such persons
for those jobs shall also be included in the
record.
(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 as a slum or blighted area;
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6!'
(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 slurps 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
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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
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 women'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.
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(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.
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
(3)
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
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"DEPARTMENT") will act on behalf of the CITY in the fiscal
control, programmatic monitoring, and modification of this
Agreernent, 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
incorporated 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 Agreernent, 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.
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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 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 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
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 PROGRAI4 REQUIREMENTS
(a) CONTRACTOR shall comply with its obligations as
described in its Managemdnt By Objectives (MB0s)
(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).
(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).
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.
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s
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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, $100,000.00 as maximum
compensation for the services provided during the term
. of this a•greernent. ,The CITY shall compensate the
CONTRACTOR for all expenditures made in accordance with
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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
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•
•
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
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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
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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
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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 developed 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
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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 performance 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.
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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
-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
3500 Pan American Drive
Miami, Fla. 33133
Wynwood Community Economic
Development Corporation, Inc.
225 N.E. 34th Street
Miami, Fla. 33137
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.
ST:
iJ
AT RAI
CITY CLERK
ATTEST:
CORPthT1;SECRETAR
WITNESS:
APPROVED AS TO
INSURANCE REQUIREM-LNI-S-:
/-,
JAN S. CI-kiABRAi D]N ECTOR
RISK MANAGEM1';N`1'" DEPART'MENT.....
CITY OF MIAMI, a municipal
Corporation of the State of
Florida
CESAR H. ODIO
CITY MANAGER
CONTRACTOR,: Wynwood Community
Economic Development Corpora-
tion, Inc.
225 N.E. 34th Street
Miami, Florida 33137
PRESIDENT
SEAL
APPROVED AS TO FORM AND
CORRECTNESS:
CORPORATE RESOLUTION
WHEREAS, Wynwood Community Economic Development Corporation
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 accordance 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 upon the terms contained in the proposed contract to which this resolution
is attached.
DATED this 47 day of __ , 19 %a .
9*a- Pi 741A-Idr-c,
SECRETARY
BOARD OF DIRECTORS
(CORPORATE SEAL)
^-.Y` +ISSUE DATE (MMIDDIYY)
ACMu . :CERTIFICATE OF INSURANCE 8/13/92
•
PRODUCER
GALLAGHER-COLE ASSOCIATES
4500 BISCAYNE BLVD.
SUITE #310
MIAMI, FL 33137
NSURED
WYNWOOD COMMUNITY ECONOMIC
DEVELOPMENT CORP.
225 NE 34 STREET
MIAMI, FL 33157
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
•
COMPANY A
LETTER
COMPANY B
LETTER
COMPANY (.
LETTER
COMPANY D
LETTER
COMPANY E
LETTER
COMPANIES AFFORDING COVERAGE
U. S. F. & G.
HARTFORD INSURANCE COMPANY
OVERAGES•
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
'O TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
TR . DATE (MM/DD/YY) DATE (MM/DD/YY)
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
A • CLAIMS MADE X ;OCCUR.
OWNER'S & CONTRACTOR'S PROT.
IMP300313651 00
7/2/92 7/2/93
GENERAL AGGREGATE $ 1,000,000
$ 1,000,000
$ 1,000,000
$ 1,000,000
$ 50,000
MED. EXPENSE (Any one person) $ 5,000
COMBINED SINGLE
LIMIT
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
:SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
GARAGE LIABILITY
EXCESS LIABILITY
'UMBRELLA FORM
OTHER THAN UMBRELLA FORM
PRODUCTS-COMP/OP AGG.
PERSONAL & ADV. INJURY
EACH OCCURRENCE
FIRE DAMAGE (Any one fire)
BODILY INJURY
(Per person)
BODILY INJURY
. (Per accident)
•
PROPERTY DAMAGE
EACH OCCURRENCE
.AGGREGATE
WORKER'S COMPENSATION
AND
EMPLOYERS' LIABILITY
STATUTORY LIMITS
09-10448-92216-002872 7/24/92 7/24/93 EACH ACCIDENT $ 100;000
DISEASE —POLICY LIMIT $ 500,000
DISEASE —EACH EMPLOYEE $ 100,000
OTHER
A EMPLOYEE DISHONESTY . 33-0060-10650-92-4 : 7/2/92 7/2/93
50,000
DEDUCTIBLE 250
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
EMPLOYEE DISHONESTY: $50,000 LIMIT (CITY OF MIAMI IS NAMED AS LOSS PAYEE)
CERTIFICATE HOLDER: IS ADDITIONAL INSURED ON LIABILITY POLICY
CERTIFICATE HOLDER
THE CITY OF MIAMI
1145 NW 11 STREET
MIAMI, FL 33133
ATTN: FRANK CASTANEDO
CANCELLATION -.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR-REPRESENI INE,pw.
AUTHORIZED REPRESENTATIVE
GALLAGHER-COLE ASSOCIATES
. • D CORPORATION 19
ACORD 25-S 0/90)
WYNWOOD COMMUNITY
ECONOMIC DEVELOPMENT CORP.
225 N.E. 34 STREET, SUITE 209
MJAMI, FLORIDA 33137
(305) 576-0440
September 15, 1992
Mr. Frank Castaneda
City of Miami
Dept./Community Development
Dupont Plaza Building
300 Biscayne Boulevard
Miami, FI 33131
Attn: Hilda Rodriguez
Dear Mr. Castaneda:
This letter will serve to confirm our conversation regarding mileage
reimbursement. We will not be charging mileage reimbursement on the current City
contract for Wynwood Community Economic Development Staff.
If you have any questions regarding this matter please feel free to contact me
directly.
Sincer
ly,
William Rios
Executive Director
WR/mc
J-92-167
3/12/92
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.'"`
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
• n
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 subject to applicable City Code
tt.
provisions.
SECTION 3. This Resolution shall become effective
immediately upon its adoption.
C.)il 7 :ri1syti0
CITY CONIVI!SSION
MEETING OF
MAR
1 2 ^n9
Resolution No.
92•— 190.1
, •
12th
March
• VIER L. SUREZ, OR
.•t:•
MA HIRAI, CITY CLERK
6'
MANOH ANA, DIRECTOR FRANK CA igEDA,/IhCTOR
DEPAR 4E OF.BUDGET DEPT. OP COMMUNITY DEVELOPMENT
PASSED AND ADOPTED this
1992.
ATTEST:
BUDGETARY REVIEW:
COMMUNITY DEVEL03,MENT REVIEW:
•
PREPARED AND APPROVED BY:
ALBERTINE B. SMITH
CHIEF ASSISTANT CITY ATTORNEY
FINANCE REVIEW:
CARLOS GARCIA, DIiECTOR
DEPARTMENT OF FINANCE
APPROVED AS TO FORM AND CORRECTNESS:
Qv NN ..17/7,11/_/ '
if . .ES , I,II •
CITY ATTO EY -
ABS/gfa/csx/M2825
2 —
92- 190.1
Attachment I
CITY OF MIAMI
DEPARTMENT OF COMMUNITY DEVELOPMENT
• 18TH YEAR CDBG PROPOSALS •
HOUSING PROJECTS
TA NAME OF PROJECT
A
E
L
0
cw
W
cw
CW
D
cw
CW
CW
CW
CW
CW
-RECOMMENDATIONS
Amount '3' Initial C.D.
Requested Staff Board Irinal
Department of Development
and Housing $2,000,000 $2,000,000 $1,000,000 $1,000,000
Department of Planning,
Building & Zoning 300,000 375,000 200,000 200,000
(Code Enforcement)
Allapattah Business
Development Authority
Tacolcy CDC
East Little Havana CDC
St. John Community
Development Corporation
CODEC, Inc.
Little Haiti Housing
Association
Wynwood Community Economic
Development
Senior Crime Watch Program
Florida (lousing Cooperative
DDA-Homeless Housing
Facility
HOPE, Inc.
Dade County HUD
Greater Miami Neighborhoods
New Day Outreach Center
43,270
50,000
60,000
50,000
60,000
50,000
75,000
66,983
42,249
1,300,000
25,000
879,000
50,000 50,000
50,000 50,000 50,000
50,000 50,000 50,000
50,000 50,000 50,000
50,000 50,000 50,000
50,000 50,000 50,000
75,000 75,000
55,000 55,000 55,000
50,000 50,000 50,000
250,000 100,000 100,000 100,000
161,000
South Pointe Family & Children 170,000
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
,Cr
82- 190,1
a
M
L
L•
L
E
CW
CW
CW
A
x
0
D
D
D
D
D
C
0
E
W
W
CW
CITY OF MIAMI
DEPARTMENT OF COMMUNITY DEVELOPMENT'
18TH YEAR CDBG PROPOSALS
ECONOMIC DEVELOPMENT PROJECTS
TA NAME OF PROJECT
0 New Washington Heights CDC
0 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,
Inc. - Revolving Loan Fund
for EDA
Allapattah Business Development
Authority 50,000
Edgewater Economic Development
Corporation 50,000
Park West Association, Inc. 50,000
Downtown Miami Business Assoc. 60,000
MDCC-Wolfson Campus 1,500,000
DDA-Information KIOSKS 25,000
DDA-Commercial Facade Program 100,000
DDA-Economic Development
Incentive Fund 500,000
Coconut Grove LDC 950,000
0vertown Advisory Board 80,000
Haitian Task Force 50,000
Wynwood Community E.D.0 (WCEDC) 100,000
WCEDC- Trade Zone 4,000,000
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
Department of Development
(Southeast/Overtown
Administration •
L Little Haiti Project Reserve Fund
W Wynwood Project Reserve Fund
SUB -TOTAL:
250,000
- 0 -
- 0 -
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
1,750,000 1,000,000
50,000 50,000
50,000
:.I 50,000
50,000•
50,000
50,000
50,000
50,000
1,000,000
300,000
50,000
. 50,000
100,000
'495,800 200,000
250,000
- 0 -
- 0 -
250, 000,.,
- 0 -
- 0 -
250;000
1,000,000
50,000
50,000
50,000
50,000
1,000,000
300,000
50,000
50,000
50,000
100,000
200,000
250,000
200,000
100,000
$10,820,996 $3,245,800 $3,700,000 $3,800,000
y 2 .. 19041
CITY OF MIAMI
DEPARTMENT OF COMMUNITY DEVELOPMENT
18TII YEAR CDBG PROPOSALS
PIIYSICAI, 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
0 DDA 0vertown/ParkWest
Improvements 200,000 200,000 - 0 -
0 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 45,81? 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 Serviceu
Corps. 25,000 25,000 25,000 25,000
W holy Cross Day Care 450,000
L Miami Mental Health 199,665
CW Weingart School Improvements
(Proposal Submitted Late) 100,000
PLANNING DEPARTMENT
A Wagner Creek Dredging
C Franklin Avenue Cemetery
Security
E Northeast Cluster
Revitalization"
L Cuban Martyrs Wall
L Tower Theater Renovation
L Latin Quarter Specialty
Center
927,000
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
NAME OF PROJECT
N.W. 15th Avenue Planters
N.W. 3rd Avenue Improvement.
N.W. 3rd Avenue Facade
HISTORIC PRESERVATION
0 Black Archives/Lyric Theater
0 CCSA/Greater Bethel Church
Committee Center
0 Old Historic Dire ]louse No.
PARKS DEPAR'TTMEN'T
A Curtis Park Improvements
C Grand Avenue Park Building
Renovation
E. Eaton Park/New Construction
L Henderson Park Building
Replacement
L Shenandoah Park Field Lighting',
0 Gibson Park Improvements
Clemente Park Picnic
Facilities
African Square Improvements
Amount
Requested
45,000
250,000
,�. 100,000
515,625
2,494,975
•; 100,000
CI)
C 1)
CD
CD
Initial
Staff
45,000
RECOMMENDATIONS
C.D.
Board
45,000
100,000 250,000
100,000 100,000
50,000 50,000 50,000
275,000 275,000 275,000
50,000 50,000 50,000
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: $ 12 , 265 , 097
Neighborhood Jobs Program
Contingency
Social Programs
Administration
TA: A = ALLAPATTAII
I; = EDISON
W = WYNWOOD
TOTALS:
175,000
- 0 -
Y4 , 643 , 756
2,6.31 ,000
$36,200,213,
C = COCONUT GROVE
L = LITTLE HAVANA
$2,250,950 $3,045,950
175,000 175,000
1,973,250
2,631,000
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
1,973,250
2,401,800
13,156,000
CW = CI'TYWID1 D = DOWNTOWN
M = MODEL CITY 0 = OVERTOWN
99-
T
AbNb
1904
-4-