Resolution 80-16319 RESOLUTION NO. 80-16319
A RESOLUTION AUTHORIZING EXECUTION OF CONTRACT
WITH THE HISPANIC AGENCY OF COMMUNITY AFFAIRS
OF MIAMI BEACH, INC. FOR THE PURPOSE OF PROVIDING
SPECIALIZED BILINGUAL SERVICES TO THE LATIN & ELDERLY
COMMUNITY OF THE TARGET AREA, AND TO CREATE AND MAINTAIN
AN ON-GOING FILE OF COMMUNITY SERVICES AND FACILITIES
FOR CLIENT INFORMATION AND REFERRALS FOR THE ABOVE SAID
POPULATION.
WHEREAS, the City of Miami Beach, herein referred to as
the "City" , desires to enter into a contract with the Hispanic
Agency of Community Affairs of Miami Beach, Inc. for the
purpose of providing specialized bilingual services to the
Latin and elderly community of the target area, and to
create and maintain an on-going file of Community Services
and Facilities for client information and referrals for the
above said population; and
WHEREAS, the City has duly submitted a three-year
application to the United States Department of Housing and
Urban Development, herein referred to as HUD, for Community
Development Block Grant funds under Title I of the Housing
and Community Development Act of 1974 , as amended in 1977;
and
WHEREAS, the City is authorized by Commission Memorandum
Number 5467 on 1/21/76 to prepare an Application for Community
Development Block Grant funds and to design and implement
such systems as are necessary to insure that the Community
Development Program is developed, conducted and administered
in accordance with the provisions of the Housing and Community
Development Act of 1974 as amended, and any Federal Regulations
promulgated thereunder, as well as applicable, State and
Local authority, and in such capacity is authorized to enter
into and execute agreements with other departments and
agencies within the City; and
WHEREAS , said project has been allocated $35 , 000 from
Year 4 and 5 Community Development Block Grant funds , $25 , 000
and $10, 000 , respectively; and
WHEREAS, an appropriate contract 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 Manager has recommended to the City
Commission that said contract be entered into; and
WHEREAS, the City Commission deemed it to be in the
best interest of the City and its residents and citizens
that said contract 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 a contract
with the Hispanic Agency of Community Affairs of Miami
Beach, Inc. , in the name of and 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 contract from the Community Development Block Grant
funds hereafter allocated for said purpose.
PASSED AND ADOPTED THIS 18th day of June, 1980.
• MAYO'
ATTEST:
7414-74-14"1 (:7-2?664'1"- lbs.\ -, for
CITY CLERK 5,TY ATTORNEY
SEAL
.. ... .. � ,. -....r
--♦...< s+ ' � !•;14/: +•!f!:!� yrqe' - _4010
317
. ..-...--:-_,:3-7.7.7,3- s7T
____:_ _ .• .,. , 1 ». - S 4q. +« +w
. . , i .::::-::::-:
. .,, .,.. • .. ....14 .. • .
,,I : ., . ,. ,
:yi
TO: . ., .,,......_......._.:;,..„.......,
..:
A'''' . ' B . .: . : .._.. .. ,......i.,,,..._1
- - 1 , -, ;--. -. - , _ _
Gladys ys Kane [ : 6/24/80 _1
1H.,
. i- -_ FROM: Elaine Matthews.
• SUBJECT: Minority Outreach 'rogram Hispanic Agency
of Community Affairs. ,
A proved by Commission ran ,June 1.8, 1980
p
1
Enclosed are 2 copies of the above noted
I ontract for signature of the appropriate
c $
official at
I Hispanic Agency with witnesses as indicated
t Page 4
i
Please request that both copies be returned
to Evelyn Leventhal in this office for exe-
i
., cution by the City.
She will subsequently forward fully executed
copies to you for the contractor and for your
I files, together with copies of the authorizing
i
resolution No. 80-16319
I i
e
.% i
t
ThanIt you.
1
L
i ,
- "•-;,..„1:iii.7.:.!_.,„--:•;11.:•;;„---.7_,-;,,,..-. ..-,---,-----„,"..7.---_,:...,--•-:-_,....--;;--__,_;-,1.„.-'-;•_..--_:,::::;2:...::•-•,..7::.7.:1•1,::.;---;:,,-,...::::,:.,,,_,.. -',..ri,-;,-.-_-_.:.]:.::,..,-__-_,,'
:
_
.Z•
..._._..-..,-..,n,... .. ......:..... ......-:-... ... .. - - _ _ j -^rc
-.
F "
-.- - -.:._... 1 _ : - - - .. :•,-J _-. -___-. ....._ �:,
,_._ �l {..v-w•..=._sT• - _-may_ <f. _
- ..1�-:�-,.....:F.r.:>,,.. .. -r..�-'C..r►.ii."�.w}�..+i�ff.:«.:�+::+J'�r'.i�ix:..�..,.i.u9'�i. rL..+..r+ .'..� :,... ..... ..Y�,:.rr?iYa•�....: :.��r:....,......._.�.)...�+,r.isr" .i• .. .,_. ..,.�.'......,........�.,...�.........w'i4a•�i7[.
+•i
AGREEMENT
This agreement entered into this/ k day of , 1980, by
and between the City of Miami Beach, a Florida Municipal
Corporation, hereinafter referred to as the "City" and the
Hispanic Agency of Community Affairs of Miami Beach, Inc. ,
hereinafter referred to as "HACA".
WITNESSETH :
WHEREAS, the City has entered into an Agreement with
HACA for the purpose of providing specialized bilingual and
referral services to the minority residents of the Community
Development target area; and
WHEREAS, HACA will receive thirty-five thousand dollars
($35,000) from Year IV and V Community Development Block
Grant monies for the purpose of subsidizing program operations
as described in Attachment "A" to perform work pursuant to
the above stated purpose; and
WHEREAS, it is understood that the program will document
its level of service.and ability to perform by measuring the
number of clients served and type of service received toward
the end of quantifying program impact upon the above described
population, specifically, and the community generally;
NOW, THEREFORE, the parties mutually agree to implement
the above stated goal in the following manner:
I. SCOPE OF SERVICES •
1. That, HACA will be responsible for the
creation and maintenance of an ongoing file
of community services and facilities, for
the purpose of providing client information
and referrals.
2. That, HACA will provide specialized bilingual
services for both oral and written translations
of matters pertaining, but not limited to:
Legal contracts, health and insurance, housing,
consumer protection, and government services.
3. That, HACA will maintain records for the
purpose defined in Section IX of this document.
However, information on the lives of particular
individuals or groups of individuals, related
or not, will be confidential unless so agreed
by those parties so affected.
II. CONDITIONS OF SERVICES
1. In staffing the program, HACA agrees that to
the extent that it staffs the program with
personnel not presently employed by said
party, it will take affirmative action in
attempting to staff the program with persons
of low income, residing in the City of Miami
Beach, provided that the costs of advertising
to secure applications from such persons
shall be borne by HACA. HACA further agrees
that is will not discriminate on the basis of
race, creed, sex, color or national origin in 63
staffing the program.
AGENDA iN Li
ITEM
DATE -
•
2. The program shall serve those persons living
within the target area, (i.e. that area of Miami
Beach lying south of Dade Boulevard, excluding
Palm Island, Hibiscus Island, Star Island, Terminal
Island and the islands on the Venetian Causeway. )
III. TERM OF AGREEMENT
•
This Agreement shall be deemed effective upon execution
by the authorized representative for both parties. The
use of these funds shall be for the implementation of
the public service program described herein and shall
continue for a period of twelve(12) months from the
date of the last signature, unless terminated prior to
that time under the termination provision hereafter set
forth.
IV. TERMINATION
Both parties 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 sixty (60)
days prior to effective date of such termination.
The City may suspend payment of the project in whole or
in part for cause. Cause shall include the following:
(1) Failure to comply with either the terms or conditions
of this Agreement;
(2) failure to submit or falsfying monthly reports; or
(3) if for any reasons the implementation of this
Agreement is rendered impossible or feasible.
V. SUBSEQUENT CHANGES
Any alterations, variations, modifications or waivers
of provisions of this Agreement shall only be valid
when they have been reduced to writing and duly signed
by both parties.
VI. METHOD OF PAYMENT
1. The City agrees to reimburse HACA for expenditures
incurred under this contract on a monthly basis in
accordance with the attached budget(Attachment
"A") . Line item transfers not to exceed 10% of
that line item may be made without prior written
approval of the City.
2. HACA will submit requests for payment no later
than the fifth working day of the succeeding month
and the City will provide reimbursement upon
approval within ten working days after receipt of
the same.
3. The City agrees to advance 10% of the contract
amount ($3,500) within five working days after the
effective date of this contract in order to avoid
cash flow problems on the part of HACA.
VII. INDEMNIFICATION
HACA shall indemnify and hold harmless the City, from
any and all claims, liability, losses and causes of
action which may arise out of this Agreement. HACA
directly or 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
judgements which may issue thereon.
VIII. CONFLICT OF INTEREST
HACA convenants that no person, under its employ who
presently exercises any functions or responsibilities
in connection with Community Development funded acti-
vities has any personal financial interest, direct or
indirect, in this Agreement. HACA further convenants
that in performance of this Agreement, no person having
such conflicting interest shall be employed. Any such
interest, on the part of HACA or its employee, shall be
disclosed, in writing, to the City.
I X. REPORTING REQUIREMENTS
Maintaining credibility for the Community Development
effort rests heavily on the ability to produce an
impact in every target area through progress in accom-
plishing scheduled activities. An effective method for
maintaining project progress against a previously estab-
lished schedule is through frequent project reporting.
Project reporting will consist of both written reports
and staff discussions on a regular basis.
Contents of the monthly report for operational activities
shall include, but are not limited to, the following items:
•
1. A general narrative report including comparisons
of planned versus actual progress and any output
measures.
2. Problems or difficulties encountered in carrying
out the activity and any recommendations or remedial
actions undertaken to solve the problem.
3. Basic data of persons served. Quarterly summary
reports shall also be submitted to the City no
later than ten (10) working days after the end
of the quarter. Status reports on activities
will be discussed by HACA and the Community
Development Division as deemed necessary.
4. For the expeditious reporting of the above data,
forms will be provided and reviewed for compliance.
X. AUDIT AND INSPECTIONS
At any time during normal business hours and as often
as the City Administration and/or the Comptroller of the
United States may deem necessary, there shall be made
available to the City Administration and/or representa-
tive of the Comptroller to audit, examine and make audits
of all contracts, invoices, materials, payrolls, records
for personnel, conditions of employment and other data
relating to all matters covered by this Agreement.
XI . COMPLIANCE WITH LOCAL, STATE AND FEDERAL REGULATIONS
As the City is providing this funding through the U.S.
Department of Housing and Urban Development, Community .
Development Block Grant Program, all parties agree to
comply with the Federal regulations more fully recited
on Attachment "B" , attached hereto and made a part hereof.
Additionally, the agency will comply with all
state and local laws and ordinances applicable
hereto.
XII . ADDITIONAL CONDITIONS OF COMPENSATION
It is expressly understood and agreed by the
parties hereto that monies contemplated by this
Agreement to be used for the compensation, ori-
ginate from grants of Federal Community Develop-
ment Block Grant funds.
It is expressly understood and agreed that in
the event of curtailment or nonproduction of
said Federal grant funds, that the financial
sources necessary to continue to pay HACA com-
pensation ensation 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, HACA agrees that it
will not look to nor seek to hold liable the
City of Miami Beach as an entity or any
individual member of the City Commission
thereofP ersonally 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 be
executed bytheir duly authorized officials on the day
and date first above indicated.
ATTEST:
CITY OF MIAMI BEACH
(SEAL)
4
44,..tittot-"ik —
N e'''iNA \
\ --- .
City C
..��
c;7,
---A - '--
M'la r r a Me y e �, Maty r
k
t-"a442.0
City Attoriaey
HISPANIC AGENCY OF COMMUNITY
AFFAIRS OF MIAMI BEACH, INC.
WITNESSES : ...
‘',,fk7 ' C. ''\
, _.„..7,,,/ -7 _
• _,, -,(4,, / , ,.—/ .,.-7e . e.
. -- ,, , , e.. tc.e ,c_oc..
, n„, A: 3.-/(,) zi IL , ,7„.,.,. .
g,. ,M_ Hector Garcia
/ Agency Chairman
r
,J;
y-t,-; -- /. L. . /7......,e , c
rt`
) .d
L
ORIGINAL
RESOLUTION NO. 80-16319
(Authorizing agreement with
Hispanic Agency of Community
Affairs of Miami Beach, Inc.
specialized bi lingual services
to Latin and elderly community
of target area. . . .)