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RESOLUTION 90-19897 (2) RESOLUTION NUMBER 90-19987 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE MIAMI MISSION ASSOCIATION, INC. , A NON-PROFIT FLORIDA CORPORATION, FOR THE PURPOSE OF FUNDING THE MIAMI WOMEN AND CHILDREN' S SHELTER FOR THE HOMELESS BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, THAT, WHEREAS, on July 22 , 1987 , President Reagan signed into law the Stewart B. McKinney Homeless Assistance Act, intended to provide urgently needed assistance to protect and improve the lives of the homeless; and WHEREAS, on August 10, 1988, the Department of Housing and Urban Development published the final rule on the Stewart B. McKinney Homeless Assistance Amendments Act; and WHEREAS, under this rule the City of Miami Beach was allocated $47, 000 to be used for either rehabilitation, operation or maintenance, the provision of essential services, or an appropriate combination of the three, at a shelter for the homeless; and WHEREAS, the City duly submitted the Emergency Shelter Grant application to the United States Department of Housing and Urban Development, hereinafter referred to as "HUD" , pursuant to Title IV of the Stewart B. McKinney Homeless Assistance Amendments Act of 1988, PL 100-628 (8/10/88) , for a total of $47 , 000 ; such application being approved by HUD on 3/06/90 under Grant Number S- 90-MC-12-0007 ; and WHEREAS, the City's previous year' s allocation was used for the operations of the Miami Mission Association, a shelter for homeless women and children; and WHEREAS, this shelter is currently in operation and in need of funding for operating costs; and WHEREAS, it has been agreed that priority for placement at the shelter will be given to the housing needs of Miami Beach residents who have been displaced by the closing of unsafe buildings through code enforcement action, or other City actions, or who have been unable to attain adequate housing through their own means depending on availability of space, in return for assistance from the City of Miami Beach with the Miami Mission Association' s operating costs of the facility. The minimum number served will be based on the City' s proportionate share of funds allocated for the facility; and WHEREAS, the City desires to enter into a contract with the Miami Mission Association, Inc. , hereinafter referred to as the "Provider" , for the purpose of providing emergency shelter to homeless women and children; and WHEREAS, the Miami Mission Association, Inc. will receive a total amount of forty seven thousand dollars ($47, 000) from Emergency Shelter Grants Program (ESGP) funds, hereinafter referred to as the "Program" , to be used for the above stated purpose; and WHEREAS, the Program funds are conditional upon the approval for release of funds from HUD; and WHEREAS, the City Manager has recommended to the City Commission that said Agreement be entered into; and WHEREAS, an appropriate Agreement has been prepared and has been approved as to legal form and sufficiency by the City Attorney, which Agreement sets forth the terms and conditions of said project; and WHEREAS, the City Commission deems it to be in the best interests of the City and its residents and citizens that said Agreement be entered into; NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH FLORIDA, that the Mayor and City Clerk are hereby authorized and directed to execute an Agreement with the Miami Mission Association, Inc. , on behalf of the City, and the disbursing officers of the City are hereby authorized and directed to disburse the funds required by the terms of said Agreement from Emergency Shelter Grants Program (ESGP) funds hereafter allocated for said purpose. PASSED AND ADOPTED THIS 23rd DAY OF May , 1990. )6L7 -1 MAYOR ATTEST: FORM APPROVED 2-2? LEGAL DEPT. 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( ivao aaow AGREEMENT This Agreement is entered into this 23rd day of May, 1990, by and between the City of Miami Beach, a Florida municipal corporation, having its principal office at 1700 Convention Center Drive, Miami Beach, Florida, hereinafter referred to as the "City" , and the Miami Mission Association, Inc. , hereinafter referred to as the "Provider. " WITNESSETH: WHEREAS, the City has entered into an agreement with HUD for the purpose of implementing the Emergency Shelter Grants Program (ESGP) with federal financial assistance under Title IV of the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 , PL 100-628 (8/10/88) ; and WHEREAS, the City has determined through Resolution Number 90- 19912 0- 19912 adopted February 21, 1990, the necessity for providing emergency shelter assistance for homeless women and children; and WHEREAS, the City desires to engage the Provider to render certain services in connection therewith: NOW THEREFORE, the parties hereto agree as follows: SECTION I: SCOPE OF SERVICES 1. To continue to operate the Miami Mission Association' s, "Miami Women and Children' s Shelter" , located at 2250 NW 1st Avenue, Miami, Florida. 2 . Priority for placement at the shelter will be given to the housing needs of Miami Beach residents who have been displaced by the closing of unsafe buildings through code enforcement action, or other City actions, or who have been unable to obtain adequate housing through their own means. Such priority is contingent upon the availability of space. The minimum number served will be based on the City' s proportionate share of the funds allocated for this facility. 3 . There will be no charge to the women and children utilizing such facility. 4 . The women will have the opportunity to participate in various programs; e.g. , job referral and training assistance, child day care, etc. , if they stay for a period of six (6) months. 5. The City' s ESG Program funds will be used to assist in the operation of the facility through essential services, maintenance, and operating costs. 6. A pickup van service will be provided in emergency situations to transport homeless persons in Miami Beach to the shelter in Miami. 7 . It will be the responsibility of the Provider to properly tag and identify all equipment and furniture that is purchased through this grant and to maintain an up-to-date inventory, in accordance with the applicable Office of Management and Budget Circulars (0MB) . SECTION II: CONDITION OF SERVICE The Provider hereby agrees to the following: 1 . The Program shall serve homeless women and children within the Miami area, with priority placement for the housing needs of Miami Beach residents. 2 2 . The Provider shall maintain in its file the documentation on which basis it determines that the project benefits low and moderate income persons, minorities, and residents of Miami Beach. Such records shall include, but not be limited to, the following: A. Client profiles identifying financial classification, head of household, ethnicity, race and gender, or area benefit data, as required. B. An outreach plan which ensures equitable participation by all eligible Miami Beach participants. 3 . The Provider shall maintain a citizen participation mechanism, which will include, but not be limited to the following: g A. Logging citizen comments or complaints when received. B. Copies of comments and/or complaints received in writing. C. Copies or responses to complaints and/or explanations .. � � � of resolutions to complaints. 4 . The Provider shall abide by 24 CFR, Part 85 "Common Rule, " incorporated by reference into this Agreement. 5. Costs incurred under this program shall be in compliance with Federal Management Circular A-122, "Cost Principles for Non- Profit Organizations" , incorporated by reference into this Agreement. 6 . The Provider shall abide by the OMB Circular Number A-87 , when applicable, incorporated by reference into this Agreement. 7 . No expenditures or obligations shall be incurred for the program prior to approval and release of funds from the Department of Housing and Urban Development. Further, it is expressly understood that in the event no funds are released 3 from the Department of Housing and Urban Development in connection with this Program, then the City is not liable for any claims under this contract. 8 . The Provider certifies that no person shall be denied the benefits of the program on the grounds of race, color, national origin or sex. 9 . The Provider agrees that to the extent thatit staffs the Program with personnel not presently employed by said party, it will take Affirmative Action in attempting to employ low income persons. 10. The Provider agrees to provide the required matching funds as detailed in Appendix 3 . SECTION III: TERM OF AGREEMENT This Agreement shall be deemed effective upon approval and release of funds by HUD and being duly executed by both parties, whichever is later. This project shall become operational as of May 23 , 1990, through November 23 , 1990, or until all monies are expended, whichever comes first. SECTION IV: TERMINATION The City and the Provider agree that this Agreement may be terminated by either party hereto by written notice to the other party of such intent to terminate at least thirty (30) days prior to the effective date of such termination. 4 The City may suspend or terminate payment of this project in whole, or in part, for cause. Cause shall include the following: A. Failure to comply and/or perform in accordance with this Agreement. B. Submission to the City of reports which are late, incorrect or incomplete in any material respect. C. Implementation of this Agreement, for any reason, is rendered impossible or infeasible. The City shall notify the Provider in writing when payments are being withheld for cause. Such notification shall include actions to be taken by the Provider as a condition precedent to the resumption of payments and a reasonable date for compliance, which shall be no more than thirty (30) days from notification date. The City shall notify the Provider in writing when sufficient cause is found for termination of the Agreement. The Provider shall be given fifteen (15) days in which to reply prior to final action being taken by the City. Let it be further understood that upon curtailment of, or regulatory constraints placed on, the funds by the Department of Housing and Urban Development, this Agreement will terminate effective as of the time that it is determined such funds are no longer available. Upon termination of the Agreement, the Provider and the City shall meet to determine if any amounts are to be repaid to the City or if additional amounts are due the Provider. SECTION V: AMENDMENTS Any alterations, variations, modifications or waivers of this Agreement shall only be valid when they have been reduced to 5 writing and duly signed by both parties. Any changes which do not substantially change the scope of the project and/or the Project Implementation Schedule (Appendix 2) or increase the total amount payable under this Agreement, shall be valid when reduced to writing and signed by the City Administration and the Provider. SECTION VI: METHOD OF PAYMENT It is expressly understood and agreed that the total compensation to be paid hereunder for expenditures incurred shall not exceed Forty Seven Thousand dollars ($47, 000) for the Miami Women and Children's Shelter, payable as follows: 1. The Provider shall submit requests for payment for actual expenditures incurred no more than once per month and no later than the twentieth (20th) day of the succeeding month. The City will provide reimbursement, upon approval , within ten (10) working days after receipt of the same, if submitted by the deadline date for inclusion on the drawdown request. 2 . The City agrees to pay the Provider for expenditures incurred under this contract in accordance with the Budget and Project Implementation Schedule attached hereto and made a part hereof as Appendices 1 and 2 . 3 . The Provider may request a cash advance for thirty (30) calendar days cash needs, or an advance of $5, 000, whichever is greater. This request must be in writing and be based on a realistic estimate of need. Each monthly request for reimbursement for actual expenses will be applied against this cash advance until the cash advance is expended. 6 SECTION VII: CONFLICT OF INTEREST The Provider covenants that no person, under its employ who presently exercises any functions or responsibilities in connection with Program-funded activities, has any personal financial interests, direct or indirect, in this Agreement. The Provider covenants that in the performance of this Agreement no person having such conflicting interest shall be employed. Any such interest on the part of the Provider or its employees shall be disclosed, in writing, to the City. SECTION VIII: INDEMNIFICATION The Provider, through an insurance carrier, shall indemnify and hold harmless the City from any and all claims, liability, losses and causes of action which may arise out of the Agreement. The Provider, through its insurance carrier, shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the City, when applicable, and shall pay all costs and judgments which may issue thereon. The Provider, through an insurance carrier, shall provide a General Liability Policy with coverage for Bodily Injury and Property Damage, in an amount not less than $300, 000 combined single limit; and the City of Miami Beach shall be named as an additional insured followed by the statement: "This coverage is primary to all other coverage carried by the City covering this specific agreement only." The Provider shall hold proof of Workers ' Compensation Coverage as per statutory limits of the State of Florida. Automobile and vehicle coverage shall be required when the use of automobiles and other vehicles are involved in any way in the performance of the Agreement. 7 The Provider' s insurance requirements shall be provided by an ORIGINAL Certificate of Insurance. All insurance coverage shall be approved by the City' s Insurance Manager prior to the release of any funds under this Agreement. Further, in the event evidence of such insurance is not forwarded to the Insurance Manager within thirty (30) days after the execution of this Agreement, this Agreement shall become null and void and the City shall have no obligation under the terms thereof unless a written extension of this thirty (30) day requirement is secured from the Insurance Manager. SECTION IX: REPORTING AND EVALUATION REQUIREMENTS Maintaining credibility for the Program effort rests heavily on the progress in accomplishing scheduled activities. An effective method for maintaining project progress against a previously established schedule is through project evaluation and reporting, which will consist of both written reports and staff discussions on a regular basis, including meetings with all parties of interest attending for the purpose of insuring effective contract execution. The Provider also assures prompt and efficient submission of the following: 1. Quarterly Reports, which are due no later than five (5) days after the end of the quarter (August 23) or when all money is expended, whichever comes first. Quarterly report samples, which are attached hereto and made a part hereof as Appendix 4 shall include: Client Profile Form Narrative Report Form Financial Summary Form 8 2 . Annual Performance Reports, which must include documentation on the obligation and expenditure of funds and client service records. This report will be due on/or before December 23 , 1990. 3 . Other Reporting Requirements may be required by the City in the event of program changes and/or legislation amendments. The Provider shall be informed, in writing, if any changes become necessary. SECTION X: AUDIT AND INSPECTIONS At any time during normal business hours and as often as the City Administration and/or Comptroller of the United States may deem necessary, there shall be made available to the City Administration and/or representatives of the Comptroller of the United States to audit, examine and make audits of all contracts, invoices, materials, payrolls, record of personnel, conditions of employment and other data relating to all matters covered by the Agreement. SECTION XI: COMPLIANCE WITH LOCAL, STATE & FEDERAL REGULATIONS The Provider agrees to comply with all applicable federal regulations as they may apply to program administration. Additionally, the Provider will comply with all state and local laws and ordinances hereto applicable. SECTION XII: ADDITIONAL CONDITIONS AND COMPENSATION It is expressly understood and agreed by the parties hereto that monies contemplated by this Agreement to be used for the compensa- tion, originated from grants of Federal Emergency Shelter Grants Program Funds (ESGP) . 9 It is expressly understood and agreed that in the event of curtailment or non-production of said Federal Grant Funds, that the financial sources necessary to continue to pay the Provider compensation will not be available and that this Agreement will thereby terminate effective as of the time that it is determined that said funds are no longer available. In the event of such determination, the Provider agrees that it will not look to, nor seek to hold liable, the City of Miami Beach or any individual member of the City Commission thereof personally for the performance of this Agreement and all of the parties hereto shall be released from further liability each to the other under the terms of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials on the day and date first above indicated. ATTEST: CITY OF MIAMI BEACH, FLORIDA Zge4E-Lj . 15/-4_,// ,-- / /001 -1( _AA.A., flor CITY CLERK FORM APPROVED MAYOR LEGAL DEPT. WITNESSES: By 2,c.-Z ??...g-s. ..— Date /6 90 MIAMI MISSION ASSOCIATION, INC. --- -4!" 4: ,// /) ,/ ,----) , , '----:-, 1AI)-'.'}`:it ) 1(47 /CI — rtsx-k-ti -if- ,___ :4/ (111-('( 2/1. ,-- h-f---/ '/2V,t1 _44-e/f---,--- - AUTHORIZED SIGNATOR 1/C3/MIAMISN 10 Appendix 1 MIAMI MISSION ASSOCIATION WOMEN AND CHILDREN'S SHELTER EMERGENCY SHELTER GRANT BUDGET Itemized Total 1. Renovation -0- -0- 2 . Essential Services -0- -0- 3 . Maintenance and Operating Costs $47 , 000 Equipment $33 , 900 Van $18 , 900 Computer $15, 000 Maintenance - Building $10, 400 Equipment $300 Fuel $2 , 400 TOTAL BUDGET $47 , 000 . Appendix 2 MIAMI MISSION ASSOCIATES, INC. 1990 CONTRACT IMPLEMENTATION SCHEDULE IMPLEMENTATION STEPS JUN JUL AUG SEP OCT NOV PURCHASE EQUIPMENT X X X MAKE MAINTENANCE PAYMENTS X X X X X X PERFORM INTAKE X X X X X X JOB TRAINING PLACEMENT X X X X X X . i i Appendix 3 SOURCE OF MATCHING FUNDS MIAMI MISSION ASSOCIATION TOTAL TIME MATCH Executive Director Salary $43 , 800 Fringes $6, 510 $50, 310 15% $7 , 546 Administrator Salary $36, 401 Fringes $2 , 400 $38 , 801 75% $29 , 101 Comptroller Salary $30, 000 Fringes $1, 692 $31, 692 25% $7 , 923 Public Relations Salary $26, 500 Fringes $1, 116 $27 , 616 10% $2 , 761 TOTAL MATCH $47, 331 Appendix 4 CLIENT PROFILE FORM Project: Monitoring Period: _ Project Operator: Reporter & Position: Service Provided: Reporter Signature & Date: Activity or Type of Clients Units of Clients Units of Sex Ethnicity Age Service Provided During Service Served this Service This Contract Provided Period Period T MB LM T MB LM T MB LM T MB LM F. HOH F M Latin Black Other 0-5 6-17 18-35 36-50 51-65 65+ Handicap Child Child 1 2 3 4 5 6a 6b 6c 7a 7b 7c 8a 8b 8c 8d 8e 8f 9 SHELTER: Transient pop. Women with children Food Social Services r Education/Job Assistance Child Care Relocation Assistance "T" : Total number F. HOH: Female Head of Household "MB": Miami Beach "LM": Low/Moderate Income MIAMI BEACH COMMUNITY DEVELOPMENT DIVISION NARRATIVE RT FORM PROJECT NAME: REPORTING MONTH/YEAR: REPORTER SIGNATURE & POSITION: DESCRIPTION OF ACTIVITIES AND - PROJECT- ED ACCOMPLISHMENTS SCHEDULED THE REPORTING PERIOD: FOR PER ACTIVITY, STATE THE STATUSPROJECIED• OF PROJEC,I ED ACCOMPLISHMENTS, COMPLETED UNITSOF LIST MEASURE, AND DESCRIBE MATERIAL PRODUCED FOR THE REPORTING PERIOD: STATE ALL PROBLEMS ENCOUNTERED AND/OR RESOLUTION,RE�OL.UTIOI�, V4'HICH HAVE AFFECTED THE OPERATION OF THE PROJECT DURING THE PERIOD, OR WHICH HAVE -IMPAC'IED ON THE COMPLETION OF P RO.,EC,T _ . 1 ED ACCOMPLISHMENTS AND/OR THE CDBG EXPENDITURE RATE: STATE OR LIST SPECIAL RECOGNITION RECEIVED DURING THE REPORTING PERIOD: MIAMI BEACH COMMUNITY DEVELOPMENT DIVISION FINANCIAL SUMMARY FORM PROJECT: REPORTING MONTH/YEAR: ' PROJECT PROVIDER: REPORTER SIGNATURE & POSITION: CATEGORY BREAXDOWN APPROVED REVISED MONTH-TO-DAT YEAR-TO-DATE OPEN AVAILABLE BUDGET BUDGET EXPENDITURES(1) EXPENDITURES OBLIGATIONS(2) FUNDS Salaries & Benefits Consultants & Contract Services Space Rental • Equipment Lease or Purchase • r • Travel Other Operating Expenses • Materials ' Rehabilitation Real Property Acquisition TOTAL , (1) The reporting month's expenditures, with supporting documentation attached. (2) Funds which have been committed by the provider but have not yet been paid, e.g. portion not paid in outstanding contract; portion of employee salaries not paid yet committed to the end of the program. ORIGINAL RESOLUTION NO. 90-19987 Authorizing and directing the execution of an agreement between the C.M.B. and the Miami Mission Association, Inc. , a non-profit Florida Corporation, for the purpose of funding the Miami Women and Children Shelter for the Homeless.