Food for Life Network/Meals for Persons Living with HIV/AIDS
COMMUNITY DEVELOPMENT BLOCK GRANT AGRE
BETWEEN THE CITY OF MIAMI BEACH AND
FOOD FOR LIFE NETWORK, INC.
This Agreement made and entered into this ~ day of ~, 206, by and between the CITY
OF MIAMI BEACH, a Florida municipal corporation having its principal office at 1700 Convention
Center Drive, Miami Beach, Florida, 33139, (hereinafter referred to as "City")~ and FOOD FOR LIFE
NETWORK, INC.., anon-for profit corporation having its principal office at at 3510 Biscayne
Boulevard, Suite 209, Miami, Florida, 33137 (hereinafter referred to as "Provider").
WHEREAS, the City is an entitlement recipient of U.S. Department of Housing and Urban
Development (HUD) grant programs, Community Development Block Grant (CDBG) funds, and
HOME Investment funds (HOME), and the City expects to continue to recei~Ie entitlement funds from
these grant programs to operate the City's housing and community development activities; and
WHEREAS, each year, the City prepares aOne-Year Action Plan detailing how it intends to
allocate funds received from HUD to conduct eligible activities for the bene~it of, low and moderate-
income Miami Beach residents; and II
WHEREAS, in accordance with HUD regulations and the City's Citizen Participation Plan
concerning the preparation of the One-Year Action Plan, the Administration held two (2) public
meetings, receiving citizens' comments, and advertised a 30-day citizen commjent period, from June 12,
2009, through July 11, 2009; and
WHEREAS, on May 28, 2009, the City's Community Development Advisory Committee
(CDAC) approved the funding recommendation of the One-Year Action Pli n for Fiscal Year (FY)
2009/2010 activities; and
WHEREAS, on July 15, 2009, the City Commission approved Resolution No. 2009-27116
approving the One-Year Action Plan for Federal Funds for FY 2009/2010, an providing CDBG funds,
in the amount of $15,000, to Food for Life Network, Inc. for Home Delivered Groceries and Meals for
Persons Living with HIV/AIDS located at 3510 Biscayne Boulevard, Suite 209, Miami, Florida, 33137.
NOW, THEREFORE, in consideration of the mutual benefits contained herein, the City
and Provider agree as follows:
Section 1. Agreement Documents: Agreement documents shall consist of this Agreement and the
following four (4) attachments, all of which are attached ~nd incorporated in this
Agreement:
• Attachment I is a Statement of Work and contains a descrip
• Attachment II is a Budget Summary.
• Attachment III are the Financials for CDBG-funded activiti
• Attachment IV contains applicable federal regulations.
Section 2. Statement of Work: The Provider agrees to implement
with Attachments I and II, and as summarized as follows:
Home Delivered Groceries and Meals for Persons Living w
To provide five (5) weekly, home-delivered prepared meals
individuals and 16 nutritional Food Bank packages per month
of the Program.
Program in accordance
i HIV/AIDS
approximately two (2)
approximately three to
. ~ ;, ~
four (3-4) income-eligible homebound persons living with
Beach.
HIV /AIDS in Miami
Section 3. Agreement Amount: The City agrees to make available FIFTEEN THOUSAND
DOLLARS ($15,000) for use by the Provider during the Term of the Agreement
(hereinafter, the aforestated amount including, without li~~itation, any additional
amounts included thereto as a result of a subsequent amendrrient(s) to the Agreement,
shall be referred to as the "Funds").
Section 4. Alterations: Any proposed changes in the Program including, without limitation, the
Budget in Attachment II, shall first be submitted, reviewed, 'nd approved, in writing,
by the City Manager, which approval, if given at all, shall be t his/her sole reasonable
judgment and discretion.
Section 5. Method of Payment and Reporting Requirements: Duringlthe Term, Provider shall
submit quarterly Program progress reports to the City on the 10`h day of January, April,
July and October, respectively. As part of the report submitted in October, the Provider
also agrees to include, a comprehensive final report covering he agreed-upon Program
objectives, activities, and expenditures, and including, but no limited to, performance
data on client feedback with respect to the goals and objectiv s outlined in Attachment
I. Attachment III contains reporting forms to be used in fulfill ent of this requirement.
Other reporting requirements may be required by the City anager in the event of
Program changes; the need for additional information or doc mentation arises; and/or
legislative amendments are enacted. Reports and/or requ sted documentation not
received by the due date shall be considered delinquent and ay be cause for default
and termination of this Agreement, pursuant to Section 12 hereof.
Section 6. Monitoring: At its discretion, the City may schedule at lea t one (1) annual on-site
monitoring visit with the Provider to evaluate the progress o the Program, and/or to
provide technical assistance. At the City's option, a desk to review of the activities
may be conducted in lieu of an on-site visit.
Section 7. Additional Conditions and Compensation: The parties ac
originate from CDBG grant funds from HUD, and must
compliance with all of HUD's rules and regulations. In the e~
production of said federal funds, the financial sources necess
Provider all or any portions of the Funds will not be availab.
may terminate this Agreement, which termination shall be eff
is determined by the City Manager, in his/her sole discretic
Funds are no longer available. In the event of such termini
that it will not look to, nor seek to hold the City, nor any indi~
Commission and/or City Administration, personally liable fc
Agreement, and the City shall be released from any further 1
the terms of this Agreement.
Section 8. Compliance with Local, State and Federal Regulations -
comply with all applicable Federal regulations as they ~
administration and to carry out each activity in complia~
regulations as described in 24 CFR 570 Subpart K, as same ma
to time. Additionally, the Provider will comply with all S1
County) laws and ordinances hereto applicable. It shall be
iowledge that the Funds
~e implemented in full
nt of curtailment or pon-
y to continue to pay the
In that event, the City
tive as of the date that it
and judgment, that the
on, the Provider agrees
iual member of the City
the performance of this
bility to Provider under
The Provider agrees to
nay apply to Program
ice with the laws and
y be amended from time
ate and local (City and
the Provider's sole and
?~ ~ ~
;"
absolute responsibility to continually familiarize itself with
Federal, State, County, and City regulations, laws, and/or or
Section 9. Restrictions for Certain Resident Aliens -Certain
described in 24 CFR Part 49, are not eligible to apply
activities funded by the CDBG Program. "Benefits" under
assistance, public services, jobs, and access to new or reh
facilities made available under activities funded by the CD
not include relocation services and payments to which displ
and all such applicable
ly legalized aliens, as
benei:its under covered
section means financial
itated housing and other
Program. "Benefits" do
~s are entitled by law.
Section 10. Assignment/Subcontract: No part of this Agreement may be assigned or
subcontracted without the prior written consent of the City, hich consent, if given at
all, shall be at the City's sole discretion and judgement.
Section 11. Term: This Agreement shall commence on October 1, 009, and terminate on
September 30, 2010, (the Term), with the understanding that at, the end of the Term,
the City Commission has the authority to reappropriate any re aining unused Funds.
Section 12. Termination of Agreement:
12.1 Termination for Convenience: This Agreement may b terminated by the City,
for convenience and without cause, through the City Ma ager, upon 30 days prior
written notice to Provider. In the event of such termina ion for convenience, the
City shall cease any payments to Provider for costs r suiting from obligations
which were not approved before the effective date of to ination. Provider shall
be solely responsible for immediately returning any unu ed or unapproved Funds
as of the date of termination, and shall also be solely res onsible for submitting a
final report, as provided in Section 5 hereof, (detailin all Program objectives,
activities and expenditures up to the effective date of th termination). Said final
report shall be due within eve (5) working days folio ing the effective date of
termination. Upon timely receipt of Provider's final re ort, the City, at its sole
discretion, shall determine the amount (if any) of any dditional portion of the
Funds to be returned to the City as a result of any unappr ved or unused Funds, or
incomplete Program items, and shall provide Provider ith written notice of any
monies due. Said additional monies shall be due and p yable immediately upon
receipt of such notice by Provider. Notwithstanding he preceding, the City
reserves any and all legal rights and remedies it may hav with regard to recapture
of all or any portion of the Funds, or any assets acquired or improved in whole or
in part with said Funds.
12.2 Termination for Cause: Notwithstanding .Subsection 12.1 above, the City may
also terminate this Agreement for cause. "Cause" shall i clude, but not be limited
to, the following:
a. Failure to comply and/or perform, in accordance
Agreement, or any Federal, State, County or City lay
b. Submitting reports to the City which are late, incorr
material respect.
c. Implementation of this Agreement, for any reason, i
infeasible.
with the terms of this
or regulation.
ct, or incomplete in any
rendered impossible or
;~ .} fy {
d. Failure to respond in writing to any concerns rais d by the City, including
substantiating documents when required/requested y the City.
e. Any evidence of fraud, mismanagement, and/or wa te, as determined by the
City's monitoring and applicable HUD rules and re lations.
The City shall notify the Provider in writing when the Pry
default. Such notification shall include: (i) actions taken
City, such as withholding of payments; (ii) actions to be t;
condition precedent to curing the default; and (iii) a reasc
shall be no less than thirty (30) days from notification date.
fails to cure such default within the aforestated cure perioc
considered terminated for cause, without requiring furthe
Provider shall be solely responsible for repayment to the C~
the Funds disbursed to Provider, as deemed required by
reasonable discretion. Said monies shall be immediate
Provider. Notwithstanding the preceding, the City reserve
and remedies it may have with regard to recapture of all or
or any assets acquired or improved in whole or in part with
12.3 Termination for Lack of Funds: In the event of cu
constraints placed on the Funds by HUD, this Agreeme
as of the time that it is determined by the City Mana~
longer available. Costs of the Provider incurred
allowable unless expressly authorized in writing by the
the notice of termination or subsequent thereto), and,
allowable if, in the sole discretion of the City Manager:
eider has been placed in
~y or to be taken by the
ken by the Provider as a
cable cure period, which
In the event the Provider
this Agreement shall be
notice to Provider, and
y of all or any portion of
:he City, in its sole and
ly due and payable by
any and all legal rights
my portion of the Funds,
aid Funds.
ilment of, or regulatory
will terminate, effective
that such Funds are no
er termination are not
ity Manager (whether in
that case, may only be
a. The costs resulted from obligations which were pro erly incurred before the
effective date of termination, were not in anti ipation of it, and are
noncancelable; and
b. The costs would be allowable if the Agreement ex fired normally at the end
of its Term.
Section 13. Equal Employment Opportunities: The Provider shall compl with equal employment
opportunities as stated in Executive Order 11246, entitl "Equal Employment
Opportunity" as amended Executive Order 11375, and as supple ented in Department of
Labor regulations.
Section 14. Program Income: Any "Program Income" (as such term is efined under applicable
Federal regulations) gained from any activity of the Provider fun ed by CDBG funds shall
be reported to the City and utilized by the Provider in the operati of the Program.
Section 15. Religious Organization or Owned Property: CDBG funds ay be used by religious
organizations or on property owned by religious organizations only with prior written
approval from the City Manager, and only in accordance with re uirements set in 24 CFR
§570.200(j). The Provider shall comply with First Amendment C urch/State principles, as
follows:
a. It will not discriminate against any employee or applicant for mployment on the basis
of religion and will not limit employment or give prefer nce in employment to
persons on the basis of religion.
4
:t ;~
b. It will not discriminate against any person applying for pub
religion and will not limit such services or give preference
religion.
c. It will retain its independence from Federal, State, and log
continue to carry out its mission, including the deftnition, I
its religious beliefs, provided that it does not use direct Cl
inherently religious activities, such as worship, religious ins
d. The Funds shall not be used for the acquisition, constru
structures to the extent that those structures are used for inh
Where a structure is used for both eligible and inherently ~
funds may not exceed the cost of those portions of the ac
rehabilitation that are attributable to eligible activities in
accounting requirements applicable to CDBG funds in this
or other rooms that aCDBG-funded religious congregation
of worship, however, are ineligible for CDBG-funded impro
Section 16. Reversion of Assets: In the event of a termination of this Agree
of the Agreement, and in addition to any and all other remec
(whether under this Agreement, or at law or in equity), the Pr
transfer to the City any Funds on hand at the time of terminatio
accounts receivable attributable to the use of CDBG funds. 7
Funds on hand at the time of termination, shall not waive the
Provider's obligation) to recoup all or any portion of the Fund
necessary.
services on the basis of
persons on the basis of
governments, and may
:tice, and expression of
3 funds to support any
:tion, or proselytizing.
m, or rehabilitation of
fitly religious activities.
;ious activities, CDBG
sition, construction, or
;ordance with the cost
;. Sanctuaries, chapels,
:s as its principal place
lent, or upon expiration
s available to the City
rider shall immediately
(or expiration) and any
e City's receipt of any
;ity's right (nor excuse
as the City may deem
Any real property under the Provider's control that was acquired or improved in whole or
in part with CDBG funds (including CDBG funds provided to th Provider in the form of
a loan) in excess of $25,000 must either:
a. Be used to meet one of the national objectives in 24
section 570.901) until five years after expiration of the t~
for such longer period of time as determined to be appr~
memorialized by the City and Provider in an amendm
such instrument as the City, at its discretion, determines
b. If not used in accordance with the above subsection (a),
the City an amount equal to the current market value
portion of the value attributable to expenditures of n
acquisition of, or improvement to, the property. No pay
period of time specified in subsection (a).
Section 17. Conformity to HUD regulations: The Provider agrees to abide
HLJD for the administration and implementation of the CI/
applicable Uniform Administrative Requirements set forth it
applicable federal laws and regulations in 24 CFR 570.600, et
Provider agrees that duly authorized representatives of HUD ;
books, documents, papers and records of the Provider that are
Agreement for the purpose of making audits, examinations, ex.
The Provider shall comply with the requirements and standards
122, "Cost Principles for Non-profit Organizations", or OMB
Principles for Educational Institutions" as applicable. The Provi~
following provisions of the Uniform Administrative requirement;
CFR 570.208 (formerly
m of this Agreement, or
priate by the City and as
nt to this Agreement or
ppropriate; or
:he Provider shall pay to
~f the property less any
.n-CDBG funds for the
Went is required after the
~y guidelines set forth by
BG Program, including
24 CFR 570.502, and
seq. In this regard, the
hall have access to any
directly pertinent to this
:erpts and transcriptions.
~f OMB Circular No. A-
'ircular No. A-21, "Cost
ler shall comply with the
of OMB Circular A-1 IO
:~ ~
(implemented at 24 CFR Part 84, "Uniform Administrative R
Agreements With Institutions of Higher Education, Hospil
Organizations") or the related CDBG provision, as specified in
a. Subpart A - "General";
•ements for Grants and
and Other Non-Profit
section:
b. Subpart B - "Pre-Award Requirements", except for 384.12, "Forms for Applying
for Federal Assistance";
c. Subpart C - "Post-Award Requirements", except for:
(1) Section 84.22, "Payment Requirements" -Grantees hall follow the standards
of 33 85.20(b)(7) and 85.21 in making payments to s b-recipients;
(2) Section 84.23, "Cost Sharing and Matching";
(3) Section 84.24, "Program Income" - In lieu of 3 84.4, CDBG sub-recipients
shall follow 3 570.504;
(4) Section 84.25, "Revision of Budget and Program
(5) Section 84.32, "Real Property" - In lieu of 384.32, CpBG sub-recipients shall
follow 3 570.505;
(6) Section 84.34(g), "Equipment" - In lieu of the disposition provisions of 3
84.34(g), the following applies:
a. In all cases in which equipment is sold, the pr ceeds shall be program
income (pro-rated to reflect the extent to which DBG funds were used to
acquire the equipment); and
b. Equipment not needed by the sub-recipient for DBG activities shall be
transferred to the recipient for the CDBG pro am or shall be retained
after compensating the recipient;
(7) Section 84.51(b), (c), (d), (e), (f), (g), and (h), "1V~onitoring and Reporting
Program Performance";
(8) Section 84.52, "Financial Reporting";
(9) Section 84.53(b), "Retention and access requirements for records". Section
84.53(b) applies with the following exceptions:
a. The retention period referenced in 3 84.53(b) pertaining to individual
CDBG activities shall be four years; and
b. The retention period starts from the date of s bmission of the annual
performance and evaluation report, as prescrib d in 24 CFR 91.520, in
which the specific activity is reported on for t e final time rather than
from the date of submission of the final expendi re report for the award;
(10) Section 84.61, "Termination" - In lieu of the
of 3 84.61, CDBG
6
. 1 '/ ~
subrecipients shall comply with 3 570.503(b)(7);
d. Subpart D - "After-the-Award Requirements" - except for 3 84.71, "Closeout
Procedures".
Section 18. Sponsorships: The Provider agrees that all notices, inform tional pamphlets, press
releases, advertisements, descriptions of the sponsorship of the ogram, research reports,
and similar public notices prepared and released by the Provide for, on behalf of, and/or
about the Program, shall include the statement:
"FUNDED BY THE CITY OF MIAMI BEACH
DEVELOPMENT BLOCK GRANT PROGRAM"
In written materials, the words
"CITY OF MIAMI BEACH COMMUNITY DEVELOPM NT BLOCK
GRANT FUNDS ADMINISTERED BY THE CITY OF MI I BEACH
OFFICE OF REAL ESTATE HOUSING AND C MMUNITY
DEVELOPMENT DEPARTMENT"
shall appear in the same size letters or type as the name of the
Section 19. Examination of Records: The Provider shall maintain sufficie t records in accordance
with 24 CFR 570.502 and 570.506 to determine compliance wit the requirements of this
Agreement, the CDBG Program, and all other applicable la sand regulations. This
documentation shall include, but not be limited to, the following:
a. Books, records and documents in accordance with gene
principles, procedures and practices, which sufficiently
revenues and expenditures of funds provided direct
Agreement, including matching funds and Program Inca
be maintained to the extent of such detail as will prof
direct and indirect labor, materials, equipment, supplie
costs and expenses of whatever nature for which reimbt
the provisions of this Agreement.
b. Time sheets for split-funded employees, which work on
order to record the CDBG activity delivery cost by Pro
related charges.
c. How the Statutory National Objective(s) as defined in
eligibility requirement(s) under which funding has been
These also include special requirements such as ne
determinations as defined in 24 CFR 570.209, income ~
Agreements with beneficiaries, where applicable.
illy accepted accounting
and properly reflect all
or indirectly by this
ne. These records shall
rly reflect all net costs,
and services, and other
cement is claimed under
than one activity, in
and the non-CDBG
CFR 570.208 and the
;eived, have been met.
sary and appropriate
ifications, and written
The Provider is responsible for maintaining and storing all cords pertinent to this
Agreement in an orderly fashion in a readily accessible, perman nt and secured location
for a period of four (4) years after expiration of this Agree ent, with the following
exception: if any litigation, claim or audit is started before the a piration date of the four
(4) year period, the records will be maintained until all litigation claims or audit findings
involving these records are resolved. The City shall be informed in writing after closeout
of this Agreement, of the address where the records are to be kept
.,i .t
Section 20. Audits and Inspections: At any time during normal business
City (and/or its representatives) may deem necessary, the Provic
records, documentation, and any other data relating to all
Agreement, for review, inspection or audit.
Audits shall be conducted annually and shall be submitted to t
end of the Provider's fiscal year. The Provider shall comply
standards of OMB A-133, "Audits of Institutions of High Educe
Institutions" (as set forth in 24 CFR Part 45), or OMB Circul~
and Local Governments" (as set forth in 24 CFR Part 44
Agreement is closed-out prior to the receipt of an audit report,
to recover any disallowed costs identified in an audit after such ~
Section 21. Indemnification/Insurance Requirements: The Provider sl
harmless the City, its officers, employees and agents, from an.
losses and causes of action which may arise out of an act,
misconduct on the part of the Provider, or any of its agents, offs
contractors, patrons, guests, clients, licensees, invitees, or any
direction, control, or supervision of Provider, pursuant to th
Program. The Provider shall pay all claims and losses of
connection therewith and shall defend all suits in the name of 1
costs (including attorney's fees) and judgements which m.
Indemnification shall survive the termination and/or expiration o
The Provider shall not commence any work and/or services pt
until all insurance required under this Section has been obta
Manager has approved such insurance. In the event evidence
forwarded to the City's Risk Manager within thirty (30) days afte
of the Term, this Agreement shall automatically terminate and h
the City shall have no obligation under the terms and conditions
The Provider shall maintain and carry in full force during the
and/or throughout the duration of the Program contemplated he
the following insurance:
a. General Liability Policy with coverage for Bodily Injury
the amount of $1,000,000 single limit, subject to adjus
policy must include coverage for contractual liabil
indemnification.
b. Worker's Compensation and Employers Liability, as req
Statutes.
c. Automobile and vehicle coverage shall be required whe
and other vehicles are involved in any way in the perfor
Limits for such coverage shall be in the amount
adjustment for inflation.
ars, and as often as the
shall make available all
.afters covered by the
City 180 days after the
th the requirements and
on and Other Non-Profit
A-128, "Audits of State
as applicable. If this
e City reserves the right
ill indemnify and hold
and all claims, liability,
omission, negligence or
ers, servants, employees,
persons acting under the
;Agreement and/or the
iy nature whatsoever in
e City, and shall pay all
r issue thereon. This
this Agreement.
want to this Agreement
red and the City's Risk
~f such insurance is not
the commencement date
some null and void, and
i of this Agreement,
whichever is longer,
Property Damage, in
nt for inflation. The
to cover the above
pursuant to Florida
the use of automobiles
once of the Agreement.
$500,000, subject to
The City of Miami Beach shall be named as an additional insure under all such insurance
contracts. Thirty- (30) day written notice of cancellation or subs ntial modification of the
insurance coverage must be given to the City's Risk Manager by the Provider and its
insurance company. The insurance must be furnished by insuran a companies authorized
.~
to do business in the State of Florida, and approved by the Ci 's Risk Manager. The
companies must be rated no less than "B+" as to management, and not less than "Class
VI" as to strength by the latest edition of Best's Insurance Guide published by A.M. Best
Company, Oldwick, New Jersey, or its equivalent, subject to t e approval of the City's
Risk Manager. Original Certificates of Insurance for the a ove coverage must be
submitted to the City's Risk Manager for approval prior to any ork commencing. These
certificates will be kept on file in the Office of the Risk Manager, Third Floor City Hall.
The City shall have the right to obtain from the Provider specim n copies of the insurance
policies, in the event that submitted Certificates of Insurance ar inadequate to ascertain
compliance with required coverage. Compliance with the fore oing requirements shall
not relieve the Provider of its obligation to indemnify and ho d the City harmless, as
required in this section.
Section 22. Conflict of Interest: The Provider covenants that no person
presently exercises any functions or responsibilities in com
development funded activities has any personal financial inters
this Agreement. The Provider covenants that in the performan
person having such conflicting interest shall be employed. The
will comply with all provisions of 24 CFR 570.611 "Conflict of
County and City of Miami Beach statutes, regulations, o~
governing conflicts of interest. The Provider shall disclose, it
possible conflicting interest or apparent impropriety that is
provisions. This disclosure shall occur immediately upon knc
conflict. The City will then render an opinion, which shall be bin
Section 23. Venue: This Agreement shall be governed by, and construed in
of the State of Florida, both substantive and remedial, witho
conflict of laws. The exclusive venue for any litigation arising c
be Miami-Dade County, Florida, if in state court, and the U.S.
District of Florida, if in federal court. BY ENTERING IN7
CITY AND PROVIDER EXPRESSLY WANE ANY RIGHT;
HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGAT:
ARISING OUT OF, THIS AGREEMENT.
Section 24. Notices: All notices required under this Agreement shall be
following address:
City: Anna Parekh, Director
Office of Real Estate, Housing and
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Provider: Richard J. Siclari, Jr., Executive DirE
Food for Life Network, Inc.
3510 Biscayne Boulevard, Suite 209
Miami, FL 33137
under its employ who
action with community
~ts, direct or indirect, in
e of this Agreement, no
rovider covenants that it
Interest", and the, State,
linances or resolutions
writing, to the City any
covered by the above
vledge of such possible
ling on both parties.
ccordance with, the laws
regard to principles of
t of this Agreement shall
District Court, Southern
THIS AGREEMENT,
EITHER PARTY MAY
1N RELATED TO, OR
to the parties at the
Development
9
.1 , ,
Section 25. Limitation of Liability: The City desires to enter into this Agre
the City can place a limit on City's liability for any cause of a~
due to an alleged breach by the City of this Agreement, so that
breach never exceeds the sum of $10,000. Provider hereby ex
enter into this Agreement with Provider's recovery from the Ci
for breach of contract to be limited to a maximum amount of $10
Accordingly, Provider hereby agrees that the City shall not
damages in an amount in excess of $10,000, for any action or c
arising out of the performance or nonperformance of any obl
City by this Agreement. Nothing contained in this subpara~
Agreement is in any way intended to be a waiver of the lin
liability as set forth in Florida Statutes, Section 768.28.
Section 26. This Agreement shall be binding upon all parties hereto
executors, administrators, successors and assigns.
[SIGNATURES TO FOLLOW]
:ment only if in so' doing
lion for money damages
its liability for any such
presses its willingness to
y for any damage action
liable to Provider for
~ for breach of contract
ons imposed upon the
or elsewhere in this
on placed upon City's
their respective heirs,
10
• T~ ~ r
IN WITNESS WHEREOF, the parties hereto have caused t~is Agreement to be
executed by their duly authorized officials on the day and date first above indicated.
FOOD FOR LIFE NETWORK, INC.
a Florida not-for-profit corporation
ATTEST:
c..
Se/~~ ary '/~ ~ President
I~ED~~'~ G~ ~ ~ V v ~.~.- ~Lt ~'1 Richard J. ;
Print Name Print Name
CITY OF MIAMI BEACH
a Florida Municipal corporation
ATTEST:
City Clerk
0 ~CM-T" P~~ 1~~- Matti Herre
Print Name Print Name
APPR VED AS TO
FORM LANGUAGE
tk FO EXECUTION
City Attor y /~ Date
F:\RHCD\$ALL\HSG-CDVvtERCY\CONTRACTS\09-10\Food for Life\CDBG Agreement- Rev 123009.doc
11
.•
CDBG AGREEMENT
October 1, 2009 to September 30, 2010
ATTACHMENT I
STATEMENT OF WORK AND GOALS
DESCRIPTION OF PROGRAM
To provide home-delivered meals and groceries to income-eligible homebound HIV /AIDS patients in
Miami Beach.
This is a public service activity directed at low to moderate-income individuals t 'at will provide
nutritionally balanced, home-delivered meals once a day, Monday through Frida to 2 Miami Beach
residents in census tracts 39, 40, 41, 42, 43, 44 and 45 Through the Food Bank th y also deliver 16
weekly grocery packages per month to approximately three to four (3-4) Miami each residents . This
project is a Limited Clientele activity and 100% of the meals and packages will b delivered from
October 1, 2009, to September 30, 2010, to income eligible home bound individu is living with
HIV/AIDS.
PROGRAM GOALS AND MEASURABLE OUTCOMES
1. To provide 110 meals per month (5 frozen meals per week, every week), 0 Sincome-eligible
HIV/AIDS patients in Miami Beach.
2. Deliver 9 nutritional Food Bank grocery packages per month to 2-3 Miar}`~i Beach, income-
eligible, symptomatic HIV/AIDS residents.
To perform annual nutritional home visits and program recertification fo~f all Miami Beach
recipients. i
SCHEDULE FOR IMPLEMENTATION
Goal Oct.
2009 Nov.
2009 Dec.
2009 Jan.
2010 Feb.
2010 March
2010 Apr.
2010 May
2010 June
2010 July
2010 Aug.
2010 Sept.
2010
1 X X X X X X X X X X X X
2 X X X X X X X X X X X X
3 X
F:\RHCD\$ALL\HSG-CD\MERCY\CONTRACTS\09-10\Food for Life\Attachment Ldoc
Page 1 of 1
•i v
CDBG AGREEMENT
October 1, 2008 to September 30, 2009
ATTACHMENT II
BUDGET SUMMARY SHEET
Project Name:
Provider Name: Food for Life Network. Inc..
Funding Year: 2008/2009
Category
Number Category Breakdown CDBG Funds Other Funds O ther Funding
Sources Total Funds
1 Personnel Salaries and Benefits $862.50 $26,456.40 Ryan White $27,318.90
~
2 Operating Expenses 14,137.50 ~ 14,137.50
Total CDBG Funds 15,000.00
Total Other Funds $26,456.40
Grand Total ~ $41,456.40
Page 1 of 2
~•' ~ 4
BUDGET ITEMIZATION SHEET
(REPRODUCE THIS SHEET AS NEEDED FOR EACH SPECIFIC LINE ITEM
Activity Name: Home Delivered Groceries and Meals for Persons Living With HIV/AIDS
Funding Year 2009-10
Agency Name: Food For Life Network, Inc. (FFLN)
DetaiUItemization of sub-category CDBG Other Funds Total Funds
Personnel -Salaries (One full-time 750.00 $26,456.40 27,206.40
Operations Assistant/Driver at $13.08 Ryan White
per hour @ 57.2 Hours (2.75 FTE) _
750.00)
Personnel -Fringe Benefits (15% of 112.50 112.50
Salary Charged above. Includes FICA,
Unemployment Compensation, Worker's
Compensation, Medical, Dental and
Life/Disability Insurance)
Operating Expenses - 675.00 675.00
Food packaging supplies @ .50 per
grocery delivery bag and meal (.50 x
1101 = 550.50)
Miscellaneous office supplies @ 10.38 per
month = (10.38 x 12 =124.50)
195 Weekly Grocery Bags 7,800.00 7,800.00
(Bags include groceries to prepare 21
meals plus snacks per week)
@ $40.00 per bag
906 Frozen Meals @ $6.25 per meal 5,662.50 5,662.50
Total Amount $15,000.00 26,456.40 $ 41,456.40
R
CDBG AGREEMENT
October 1, 2009 to September 30, 2010
ATTACHMENT III
GUIDELINES FOR FINANCIAL MANAGEMENT OF CDBG-FUNDED ACTIVITIES
FINANCIAL MANAGEMENT SYSTEM
To comply with federal regulations, each program must have a financialmanagement system that
provides accurate, current and complete disclosure of the financial status of the activity. This means the
financial system must be capable of generating regular financial status reports which indicate the dollar
amount allocated for each activity (including any budget revisions), amount obligated (i.e., for which
contract exists); and the amount expended for each activity. The system must permit the comparison of
actual expenditures and revenues against budgeted amounts. The City must be able to isolate and to trace
every CDBG dollar received and prove where it went and for what it was used. ~
The City is responsible for reviewing and certifying the financial management of any operating agency,
which is not a City department or bureau, in order to determine whether or not rt meets all of the above
requirements. If the agency's system does not meet these requirements and modifications are not
possible, the City must administer the CDBG funds for the operating agency.
I
SUPPORT FOR EXPENDITURES
Sufficient support for expenses depends on the type of expenditure. They normally include the following
items:
• Salaries (should be supported by proper documentation in personnel files of hire date, position,
duties, compensation, raises with effective date, termination date, and similar type information. Non-
exempt employees are required by law to complete a timesheet showing number of hours they worked
during the day. All employees paid in whole or in part from CDBG funds should prepare a time sheet
indicating the hours worked on CDBG projects for each pay period. Based on these time sheets and
the hourly payroll costs for each employee, a voucher statement indicating 'the distribution of payroll.
charges should be prepared and placed in the appropriate files.)
i
• Employee Benefits (should be supported by personnel policies and procedures manual, describing
the types of benefits, eligibility and other relevant information.) i
Professional Services (should be supported by a complete and signed copy of the contract between
the organization and the independent contractor, describing at the minimum; period of service, type of
service and method for payments, in addition to the invoice from the private; contractor.)
i
• Purchases (at a minimum, purchases should be supported by a purchase order, packing list and
vendor invoice. Credit card statements, travel itineraries, vendor statements and similar items do not
represent support for an expense.) ~
Page 1 of 2
. °~ I
RECORDS
Accounting records .must be supported by source documentation. Invoices,. bills of lading, purchase
vouchers, payrolls and the like must be secured and retained for four years in order to show for what
purpose funds were spent. Payments should not be made without invoices and vouchers physically in
hand. All vouchers/invoices should be on vendor's letterhead. Financial records are to be retained for a
period of four years, with access guaranteed to the City, to HUD or Treasury officials or their
representative.
AUDITS
For years beginning after June 30, 1996, all nonprofit organizations, state governments, and local
governments that receive Federal funding fall under the revised OMB Circular A-133, Audits of States,
Local Governments, and Nonprofit Organizations. Non-Federal entities that expend $300,000 or more in
a year in Federal awards must have a single or program-specific audit.
One copy of the sub-recipient or vendors' audited financial statement shall be submitted to the City
immediately following the end of the fiscal year(s) during which CDBG funds are received.
All auditees must submit to the Federal Audit Clearinghouse (FAC) a data collection form (Form SF-
SAC) and reporting package upon completion of the annual audit in accordance with OMB Circular A-
133. The deadline for this submission is the earlier of the 30 days after receipt of the auditor's report(s),
or nine months after the end of the audit period, unless a longer period is agreed to in advance by the
cognizant or oversight agency for the audit. Address for submission is:
The Federal Audit Clearinghouse
1201 E. 10~' Street
Jeffersonville, IN 47132
Phone (301) 457-1551 or (800) 253-0696
Email: ov.fac(a,census.gov
Web: http://harvester.census.gov/sac
REQUESTS FOR PAYII~NTS
Payments to sub-recipients will be on a reimbursement basis. Requests are to be submitted utilizing the
enclosed financial status, client profile and narrative report forms, in a format consistent with the
approved budget as shown in Attachment II, including an analysis of expenses to budget. A cash advance
maybe available upon special request. All requests must be submitted to:
Anna Parekh, Director
Office of Real Estate, Housing and Community Development
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Page 2 of 2
~~ . B
CMB Budget Account 133.5476.000345 Month/Year
CITY OF MIAMI BEACH
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FINANCIAL STATUS REPORT
Provider: Food for Life Network, Inc. Project Name: Home Delivered Food
Reporting Period: Date Submitted:
CDBG Year 35
FY 2009/2010 ~15~~~~
Budget Amount
Month This Month Year to Date Balance
Oct-09 $ - $ - $ 15,000.00
Nov-09 $ - $ - $ 15,000.00
Dec-09 $ - $ - $ 15,000.00
Jan-10 $ - $ - $ 15,000.00
Feb-10 $ - $ - $ 15,000.00
Mar-10 $ - $ - $ 15,000.00
Apr-10 $ - $ - $ 15,000.00
May-10 $ - $ - $ 15,000.00
Jun-10 $ - $ - $ 15,000.00
Aug-10 $ - $ - $ 15,000.00
Aug-10 $ - $ - $ 15,000.00
Sep-10 $ - $ - $ 15,000.00
This Request
Attached you will find original invoices or canceled checks plus copies of paid invoices to substantiate
the above expenditures. I certify that all goods and services have been received, that they all fall within
the contractual scope of services and budget, and that these costs have not been paid previously by any
other funding source. I certify that substantially all program income received has been disbursed or will
be disbursed within 3 days of this request, in accordance with the provisions at 24 CFR 570.506 and that
the amount of this request is additionally needed to pay invoices as listed.
Authorized Signature Name and Title of Person Submitting Report
CMB Use Only)
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CDBG AGREEMENT
October 1, 2009 to September 30, 2010
ATTACHMENT IV
APPLICABLE FEDERAL REGULATIONS
I. NON-DISCRIMINATION AND EQUAL ACCESS
No person in the United States shall on the grounds of race, color, national origin, religion or sex
be excluded, denied benefits or subjected to discrimination under any program funded in whole or
in part by CDBG funds. The Provider must take measures to ensure non-discriminatory
treatment, outreach and access to program resources. This applies to employment and
contracting, as well as to marketing and selection of program participants.
Fair Housing and Equal Opportunity
The Provider must comply with all the following Federal laws, executive orders and regulations
pertaining to fair housing and equal opportunity. They are summarized below:
• Title VI of the Civil Rights Act of 1964, As Amended (42 USC 2000d et sea.): States that no
person may be excluded from participation in, denied the benefits of, or subjected to
discrimination under any program or activity receiving Federal financial assistance on the
basis of race, color or national origin. The regulations implementing the Title VI Civil Rights
Act provisions for HUD programs may be found in 24 CFR Part 1.
• The Fair Housing Act (42 USC 3601-3620: Prohibits discrimination in the sale or rental of
housing, the financing of housing or the provision of brokerage services against any person
on the basis of race, color, religion, sex, national origin, handicap of familial status. Fair
Housing Act implementing regulations may be found in 24 CFR Part 100-115.
• Equal Opportunity in Housing (Executive Order 11063, as amended by Executive Order
12259 : Prohibits discrimination against individuals on the basis of race, color, religion, sex
or national origin in the sale, rental, leasing or other disposition of residential property, or in
the use or occupancy of housing assisted with Federal funds. Equal Opportunity in Housing
regulations may be found in 24 CFR Part 107.
• Age Discrimination Act of 1975, As Amended (42 USC 6101): Prohibits age discrimination
in programs receiving Federal financial assistance. Age Discrimination Act regulations may
be found in 24 CFR Part 146.
• Section 109 of Title I of the Housing and Community Development Act of 1974: Requires
that no person shall be excluded from participation in, denied the benefits of, or be subjected
to discrimination under any program or activity funded with CDBG funds on the basis of
race, color, religion, national origin or sex.
Affirmative Marketing
The Provider must adopt affirmative marketing procedures and requirements for all CDBG-
assisted housing with five or more units. Requirements and procedures must include:
• Methods for informing the public, owners and potential tenants about fair housing laws and
the Provider's policies (for example: use of the Fair Housing logo or equal opportunity
language);
• A description of what owners and/or the Provider will do to affirmatively market housing
assisted with CDBG funds;
Page 1 of 7
$ r
A description of what owners and/or the Provider will do to inform persons not likely to
apply for housing without special outreach;
• Maintenance of records to document actions taken to affirmatively market CDBG-assisted
units and to assess marketing effectiveness; and
• A description of how efforts will be assessed and what corrective actions will be taken where
requirements are not met.
handicapped Accessibility
The CDBG regulations also require adherence to the three following regulations governing the
accessibility of Federally assisted buildings, facilities and programs.
Americans with Disabilities Act (42 USC 12131; 47 USC 155, 201, 218 and 225): Provides
comprehensive civil rights to individuals with disabilities in the areas of employment, public
accommodations, state and local government services and telecommunications. The Act, also
referred to as the ADA, also states that discrimination includes the failure to design and
construct facilities (built for first occupancy after January 26, 1993) that are accessible to and
usable by persons with disabilities. The ADA also requires the removal of architectural and
communication barriers that are structural in nature in existing facilities. Removal must be
readily achievable, easily accomplishable and able to be carried out without much difficulty
or expense.
• Fair Housing Act: Multi-family dwellings must also meet the design and construction
requirements at 24 CFR 100.205, which implement the Fair Housing Act (42 USC 3601-19)
• Section 504: Section 504 of the Rehabilitation Act of 1973 prohibits discrimination in
federally assisted programs on the basis of handicap. Section 504 imposes requirements to
ensure that "qualified individuals with handicaps" have access to programs and activities that
receive Federal funds. Under Section 504, recipients and subrecipients are not required to
take actions that create unique financial and administrative burdens or after the fundamental
nature of the program. For any Provider principally involved in housing or social services, all
of the activities of the agency -- not only those directly receiving Federal assistance -- are
.covered under Section 5.04. Contractors or vendors are subject to Section 504 requirements
only in the work they do on behalf of the Provider or the City. The ultimate beneficiary of
the Federal assistance is not subject to Section 504 requirements.
• The Architectural Barriers Act of 1968 (42 USC 4151-4157: Requires certain Federal and
Federally-funded buildings and other facilities to be designed, constructed or altered in
accordance with standards that ensure accessibility to, and use by, physically handicapped
people.
II. EMPLOYMENT AND CONTRACTING
The Provider must comply with the regulations below governing employment and contracting
opportunities. These concern equal opportunity, labor requirements and contracting/procurement
procedures.
Equal Opportunity
The Provider must comply with the following regulations that ensure equal opportunity for
employment and contracting.
• Equal Employment Opportunity Executive Order 11246 as amended: Prohibits
discrimination against any employee or applicant for employment because of race, color,
religion, sex or national origin. Provisions to effectuate this prohibition must be included in
Page 2 of 7
.~
all construction contracts exceeding $10,000. Implementing regulations may be found at 41
CFR Part 60.
• Section 3 of the Housing and Urban Development Act of 1968: Requires that, to the greatest
extent feasible, opportunities for training and employment arising from CDBG funds will be
provided to low-income persons residing in the program service area. Also, to the greatest
extent feasible, contracts for work (all types) to be performed in connection with CDBG will
be awarded to business concerns that are located in or owned by persons residing in the
program service area.
• MinoritY/Women's Business Enterprise: Under Executive Orders 11625, 12432 and 12138,
the City and the Provider must prescribe procedures acceptable to HUD for a minority
outreach program to ensure the inclusion, to the maximum extent possible, of minorities and
women, and entities owned by minorities and women, in all contracts (see 24 CFR 85.36(e)).
Labor Requirements
The Provider must comply with certain regulations on wage and labor standards. In the case of
Davis-Bacon and the Contract Work Hours and Safety Standards Acts, every contract for
construction (in the case of residential construction, projects with eight or more units) triggers the
requirements.
• Davis-Bacon and Related Acts (40 USC 276(A)-7): Ensures that mechanics and laborers
employed in construction work under Federally-assisted contracts are paid wages and fringe
benefits equal to those that prevail in the locality where the work is performed. This act also
provides for the withholding of funds to ensure compliance, and excludes from the wage
requirements apprentices enrolled in bona fide apprenticeship programs.
• Contract Work Hours and Safety Standards Act as amended (40 USC 327-333: Provides
that mechanics and laborers employed on Federally-assisted construction jobs are paid time
and one-half for work in excess of 40 hours per week, and provides for the payment of
liquidated damages where violations occur. This act also addresses safe and healthy working
conditions.
• .Copeland (Anti-Kickback) Act (40 USC 276c): Governs the deductions from paychecks that
are allowable. Makes it a criminal offense to induce anyone employed on a Federally
assisted project to relinquish any compensation to which he/she is entitled, and requires all
contractors to submit weekly payrolls and statements of compliance.
• Fair Labor Standards Act of 1938 As Amended (29 USC 201 et sea ): Establishes the basic
minimum wage for all work and requires the payment of overtime at the rate of at least time
and one-half. It also requires the payment of wages for the entire time that an employee is
required or permitted to work, and establishes child labor standards.
Contracting and Procurement Practices
The CDBG program is subject to certain Federal procurement rules. In addition, the City and the
Provider must take measures to avoid hiring debarred or suspended contractors or subrecipients
and conflict-of-interest situations. Each is briefly discussed below.
• Procurement: For the City, the procurement standards of 24 CFR 85.36 apply. For non-profit
organizations receiving CDBG funds, the procurement requirements at 24 CFR Part 84 apply.
• Conflict of Interest: The CDBG regulations require grantees (the City), state recipients and
subrecipients (the Provider) to comply with two different sets of conflict-of-interest
provisions. The first set of provisions comes from 24 CFR Parts 84 and 85. The second,
Page 3 of 7
• ; G
which applies only in cases not covered by 24 CFR Parts 84 and 85, is set forth in the CDBG
regulations. Both sets of requirements are discussed below.
- The provisions at 24 CFR 85.36 and 24 CFR 84.42 apply in the procurement of property
and services by grantees (the City), state recipients, and subrecipients (the Provider).
These regulations require the City and the Provider to maintain written standards
governing the performance of their employees engaged in awarding and administering
contracts. At a minimum, these standards must:
- Require that no employee, officer, agent of the City or the Provider shall participate
in the selection, award or administration of a contract supported by CDBG if a
conflict-of-interest, either real or apparent, would be involved;
- Require that employees, officers and agents of the City or the Provider not accept
gratuities, favors or anything of monetary value from contractors, potential
contractors or parties to subagreements; and
- Stipulate provisions for penalties, sanctions or other disciplinary actions for
violations of standards.
A conflict would arise when any of the following has a financial or other interest in a
firm selected for an award:
- An employee, agent or officer of the City or the Provider;
- Any member of an employee's, agent's or officer's immediate family;
- An employee's, agent's or officer's partner; or
- An organization that employs or is about to employ an employee, agent or officer of
the City or the Provider.
The CDBG regulations at 24 CFR 570.611 governing conflict-of-interest apply in cases
not covered by 24 CFR 85.36 and 24 CFR 84.42. These provisions cover employees,
agents, consultants, officers and elected or appointed officials of the grantee (the City),
state recipient or subrecipient (the Provider). The regulations state that no person
covered who exercises or has exercised any functions or responsibilities with respect to
CDBG activities or who is in a position to participate in decisions or gain inside
information:
- May obtain a financial interest or benefit from a CDBG activity; or
- Have an interest in any contract, subcontract or agreement for themselves or for
persons with business or family ties.
This requirement applies to covered persons during their tenure and for one year after
leaving the grantee (the City), the state recipient or subrecipient (the Provider) entity.
Upon written request, exceptions to both sets of provisions may be granted by HUD on a
case-by-case only after the City has:
- Disclosed the full nature of the conflict and submitted proof that the disclosure has
been made public; and
- Provided a legal opinion from the City stating that there would be no violation of
state or local law if the exception were granted.
• Debarred contractors: In accordance with 24 CFR Part 5, CDBG funds may not be used to
directly or. indirectly employ, award contracts to or otherwise engage the services of any
contractor or subrecipient during any period of debarment, suspension or placement of
ineligibility status. The City should check all contractors, subcontractors, lower-tier
Page 4 of 7
contractors or subrecipients against the Federal publication that lists debarred, suspended and
ineligible contractors.
III. ENVIItONMENTAL REQUIREMENTS
The City is responsible for meeting a number of environmental requirements, including
environmental reviews, flood insurance, and site and neighborhood standards.
Environmental Review
The City is responsible for undertaking environmental reviews in accordance with the
requirements imposed on "recipients" in 24 CFR 58. Reviews must be completed, and Requests
for Release of Funds (RROF) submitted to HUD before CDBG funds are committed for non-
exempt activities. Private citizens and organizations may object to the release of funds for CDBG
projects on certain procedural grounds relating to environmental review (see 24 CFR 58.70 -
58.77). To avoid challenges, grantees (the City) and subrecipients (the Provider) should be
diligent about meeting procedural requirements.
Flood Insurance
Section 202 of the Flood Disaster Protection Act of 1973 (42 USC 4106): Requires that CDBG
funds shall not be provided to an area that has been identified by the Federal Emergency
Management Agency (FEMA) as having special flood hazard, unless: The community is
participating in the National Flood Insurance Program, or it has been less than a year since the
community was designated as having special flood hazards; and Flood insurance is obtained.
IV. LEAD-BASED PAINT
On September 15, 1999, the "Requirements for Notification, Evaluation and Reduction of Lead-
Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal
Assistance; Final Rule" was published within title 24 of the Code of Federal Regulations as part
35 (24 CFR 35). The regulation was issued under sections 1012 and 1013 of the Residential
Lead-Based Paint Hazard Reduction Act of 1992, which is Title X (ten) of the Housing and
Community Development Act of 1992. Sections 1012 and 1013 of Title X amended the Lead-
Based Paint Poisoning Prevention Act of 1971, which is the basic law covering lead-based paint
in federally associated housing.
The regulation sets hazard reduction requirements that give much greater emphasis to reducing
lead in house dust. Scientific research has found that exposure to lead in dust is the most
common way young children become lead poisoned. Therefore, the new regulation requires dust
testing after paint is disturbed to make sure the home is lead-safe. Specific requirements depend
on whether the housing is being disposed of or assisted by the federal government, and also on
the type and amount of financial assistance, the age of the structure, and whether the dwelling is
rental or owner occupied.
PROPERTY EXEMPT FROM LEAD-BASED PAINT REGULATION.
• Housing built since January 1, ,1978, when lead paint was banned for residential use;
• Housing exclusively for the elderly or people with disabilities, unless a child under age 6 is
expected to reside there;
~ Zero-bedroom dwellings, including efficiency apartments, single-room occupancy housing,
dormitories or military barracks;
~ Property that .has been found to be ,free of lead-based paint by a certified lead-based paint
inspector;
Property where all lead-based paint has been removed;
Page 5 of 7
~ '' f
• Unoccupied housing that will remain vacant until demolished;
• Non-Residential property; and
• Any rehabilitation or housing improvement that does not disturb a painted surface.
TYPES OF HOUSING SUBJECT TO 24 CFR 35
• Federally-Owned housing being sold;
• Housing receiving a federal subsidy that is associated with the property, rather than with the
occupants (project-based assistance);
• Public housing;
• Housing occupied by a family (with a child) receiving tenant-based subsidy (such as a
voucher or certificate);
• Multifamily housing for which mortgage insurance is being sought; and
• Housing receiving federal assistance for rehabilitation, reducing homelessness, and other
special needs.
If you want copies of the regulation or have general questions, you can call the National Lead
Information Center at (800) 424-LEAD, or TDD (800) 526-5456 for the hearing impaired. You
can also download the regulation and other educational materials at
htta://www.hud.gov/officesllead/index cfin. For further information, you may caI1 HUD at (202) 755-
1785, ext. 104, or a-mail HUD at lead regulations(a~hud.gov.
V. DISPLACEMENT, RELOCATION, ACQUISITION AND REPLACEMENT OF
HOUSING
CDBG projects involving acquisition, rehabilitation or demolition may be subject to the
provisions of the Uniform Relocation Act (LTDA). Demolition or conversion of units with CDBG
funds may trigger section 104 (d) (also known as the "Barney Frank Amendment" requirements.)
VI. COMPLIANCE WITH NATIONAL OBJECTIVE
The Provider will ensure and maintain evidence that activities assisted with CDBG funds from
the City of Miami Beach comply with the primary National Objective, "Benefit to Low and
Moderate Income Persons" and will provide services or activities that benefit at least 51 % low
and moderate income persons. A low or moderate-income household is defined as: a household
having an income equal to, or less than, the limits cited below. Individuals who are unrelated but
are sharing the same household shall each be considered as one-person households.
Low and Moderate Household Income Limits (Effective 03/09/2009) (Source: U.S.
Department of Housing & Urban Development) (Note: Low-Income (80% of Median Income),
Very Low-Income (50 % of Median Income), Extremely Low (30% of Median Income), Median
Family Income FY 2009: $50,800)
Household Size Extremely Low
30% of Median Very Low-Income
50% of Median Low-Income
80% of Median
1 Person $14,150 $23,600 $37,750
2 Person $16,150 $26,950 $43,100
3 Person $18,200 $30,350 $48,500
4 Person $20,200 $33,700 $53,900
5 Person $21,800 $36,400 $58,200
6 Person $23,450 $39,100 $62,500
7 Person $25,050 $41,800 $66,850
8 Person $26,650 $44,500 $71,150
Page 6 of 7
~,: • ~ f
LOW/MODERATE INCOME DATA
. SOUTHERN TARGET AREA
Census Tract Total L/M Persons Total Persons % Low/Mod
40.00-5 310 448 69.20
41.01-1 614 757 81.11
41.01-2 2,137 4,002 53.40
41.01-3 810 1,511 53.61
42 10,042 13,736 73.11
43 6,728 9,582 70.21
44 10,774 13,244 81.35
45 1,768 2,307 76.64
TOTAL 33,183 45,587 73% L/M
NORTHERN TARGET AREA
Census Tract Total L/M Persons Total Persons % Low/Mod
39.01-1 603 1,036 58.20
39.01-2 ~ 620 836 74.16
39.01-3 407 468 86.97
39.01-4 518 772 67.10
39.01-5 1,593 2,256 70.61
39.01-6 1,581 2,240 70.58
39.02-1 704 897 78.48
39.02-2 876 1,187 73.80
39.02-3 211 211 100.00
39.02-4 1,564 2,097 74.58
39.05-2 2,408 3,346 71.97
39.05-4 2,401 3,071 78.18
TOTAL 8,677 12,000 72% L/M
F:U2HCD\$ALL\HSG-CD\MERCY\CONTRACTS\09-10\P.ttachment IV CDBG.doc
Page 7 of 7
f'i"~ F
CERTIFICATION REGARDING LOBBYING
Name of Recipient: CITY OF MIAMI BEACH
Name of Sub-recipient: FOOD FOR LIFE NETWORK, INC.
Grant Program Name: COMMiTNITY DEVELOPMENT BLOCK GRANT
Grant Number: B-09-MC-12-0014
CFDA Number/Title: 14218 / COMMiJ1NLITY DEVELOPMENT BLOCK GRANT
Date: ' - ``C- ~p
The undersigned certifies, to the best of his or her knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or any employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or any employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance
with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including sub-contracts, sub-grants, and contracts under
grants, loans, and cooperative agreements) and that all individuals receiving sub-awards shall
certify and disclose accordingly.
FOOD FOR LIFE NETWORK, INC.
,Signature
KIc.K `~ ICt_K~
Print Name of Authorized
i 1`~ - t~o
Date
~X~cuTlV t.~1R~c`r®R
Print Title of Authorized Signatory
Page 1 of 1
i ~ ~~' ~
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
Name of Recipient: CITY OF MIAMI BEACH
Name of Sub-recipient: FOOD FOR LIFE NETWORK, INC.
Grant Program Name: COMMUNITY DEVELOPMENT BLOCK GRANT
Grant Number: B-09-MC-12-0014
CFDA Number/Title: 14218 /COMMUNITY DEVELOPMENT BLOCK GRANT
Date: ~ " ~ ~" ~~
The Provider shall insert in the space provided below the site(s) expected to be used for the performance
of work under the grant covered by the certification:
Place of Performance (include street address, city, county, state, zip code for each site):
351'0 ~tsc~Y~t ~~V~~ ~a0~
~~aw~~~ ~L 3313
I-1~-1~
Date
Print Title of Authorized Signatory
Page 1 of 1
Print Name of Authorized Signatory
~1 I J' ' I
ACKNOWLEDGEMENT OF DISABILITY NONDISCRIMINATION AFFIDAVIT
CONTRACT REFERENCE CDBG CONTRACT YEAR 35, Fiscal Year 2009/2010
NAME OF FIRM, CORPORATION, OR ORGANIZATION FOOD FOR LIFE NETWORK, INC.
AUTHORIZED AGENT COMPLETING AFFIDAVIT~tCt~ S tCLlgTct ~ ry1131q
POSITION ~Xtcu`nv~=_ ~1TGEc`r0~ PHONE NUMBER(3o~)~~I(p-1a3~-
I, ~ 1CK Stt:..t-t4Tz 1 ,being duly first sworn state:
That the above named form, corporation or organization is in compliance with and agrees to
continue to comply with, and assure that any subcontractor, or third party contractor under this
project complies with all applicable requirements of the laws listed below including, but not limited
to, those provisions pertaining to employment, provision of programs and services, transportation,
communications, access to facilities, renovations, and new construction.
The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-336, 104 Stat 327, 42 U.S.C.
12101-12213 and 547 U.S.C. Sections 225 and 611 including Title I, Employment; Tittle II,
Public Services; Title III, Public Accommodations and Services Operated by Private Entities;
Title 1V, Telecommunications; and Title V, Miscellaneous Provisions.
The Rehabilitation Act of 1973: 29 U.S.C. Section 794.
The Federal Transit Act, as amended: 49 U.S.C. Section 1612.
The Fair Ho>A~ina Act as amended: 42 U.S.C. Section 3601-3631.
/I/h(I / ) l- I~-~r~
Signature Date
SUBSCRIBED~D SVGORN TO (or affirmed) before me on ~ - ~ ~ - ~ ~ by
(Date)
~GK J ICL-~tl~. I He/She is rsonally known to me r has
(Affiant)
presented as identification.
(Type of identification)
(Signature of ary)
iAR6~<J E~A~SV~ ~E
(Print or Stamp Name of Notary)
~ 17 `l 1q~313
(Serial Number)
(Expiration Date)
a`„`ru,,, MARGfMERAtitiDAlE
Notary Public ~L®12 l D A (State) Notary Seal =,~ Notary Public -State of Florida
=A, •g~CO~~Se025,21111
Commlaeion A DD 119919
The City of Miami Beach will not award a contract to any fi ~~~ s to
complete and submit this Affidavit with the firm, corporation or organization's bid or proposa or al s to
have this Affidavit on file with the City of Miami Beach.
Page 1 of 1