Block Grant Agreement with Miami Beach Police Athletic League, Inc •
COMMUNITY DEVELOPMENT.BLOCK GRANT AGREEMENT
FISCAL YEAR 2021
BETWEEN
THE CITY OF MIAMI BEACH
AND
MIAMI BEACH POLICE ATHLETIC LEAGUE, INC. NOV 1 Q 2022
This CDBG Agreement ("Agreement") made and entered into this day of
, 2022, by and between the CITY OF MIAMI BEACH, FLORIDA, a Florida municipal
corporation having its principal office at 1700 Convention Center Drive, Miami Beach, Florida, 33139,
(hereinafter referred to as"City"),and MIAMI BEACH POLICE ATHLETIC LEAGUE, INC., a Florida not-
for profit corporation, having its principal office at 999 11TH ST, Miami Beach, FL, 33139 (hereinafter
referred to as "Sub-Recipient").
WHEREAS, the City is an entitlement recipient of U.S. Department of Housing and Urban
Development (HUD) grant funds for the Community Development Block Grant (CDBG), and HOME
Investment Partnership programs (HOME), and the City expects to continue to receive entitlement funds
from these grant programs to operate the City's housing and community development
activities; and
WHEREAS, on February 10, 2021, the Mayor and City Commission adopted Resolution
No. 2021-31577, approving the issuance of Request for Proposals (RFP) for the FY 19/20 CDBG and
HOME funding allocation; and
WHEREAS, the Administration reviewed RFP submissions to ensure that projects align
with the needs identified in the 2018-2022 Consolidated Plan; and
WHEREAS, each year, the City prepares a One-Year Action Plan detailing how it intends
to allocate funds received from HUD to conduct eligible activities for the benefit of low- and moderate-
income residents; and
WHEREAS, on June 23, 2021, the Mayor and City Commission adopted Resolution No.
2021-31728, approving the One-Year Action Plan for Federal Funds for FY 2021, allocating CDBG funds
in the amount of THIRTY THOUSAND DOLLARS ($30,000.00) for a youth leadership program, to be
provided by the Sub-Recipient as a public service ("Program"); and
WHEREAS,the One-Year Action Plan for FY 2021 was made available to the public for a
30-day public review arid comment period from May 24, 2021 through June 23, 2022; and
WHEREAS, on June 22, 2022, the Mayor and City Commission adopted Resolution No.
2022-32188, reallocating $14,000.00 of the $30,000.00 CDBG award to the OCS Grocery Program,
thereby reducing the award amount to SIXTEEN THOUSAND DOLLARS ($16,000.00); and
NOW,THEREFORE,in consideration of the mutual benefits contained herein,the City and
Sub-Recipient agree as follows:
Section 1. Agreement Documents: Agreement documents shall consist of this Agreement and the
following six(6)exhibits, all of which are attached and incorporated in this.Agreement:
• Exhibit A-Scope of Services •
• Exhibit B - Documentation
• Exhibit C- Budget
• Exhibit D-Financial Management for CDBG-funded activities
• Exhibit E- Report Forms
• Exhibit F- Monitoring Tool
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Section 2. Statement of Work: The Sub-Recipient agrees to implement the Project in accordance
with Exhibits A and B, which Project is summarized as follows:
Miami Beach Police Athletic League, INC.
To provide students with biweekly leadership and cultural training sessions, and adult
mentors,with a 1:7 mentor-to-mentee ratio.
Section 3. Agreement Amount: The City agrees to make available Community Development Block
Grant(CDBG)funds, in the amount of SIXTEEN THOUSAND DOLLARS ($16,000.00)for
use by the Sub-Recipient during the Term of the Agreement to be spent as agreed on
Exhibit C — Budget following the rules for Financial Management for CDBG Funded
Activities as stated in Exhibit D. (hereinafter, the aforestated amount including, without
limitation, any additional amounts included thereto as a result of a subsequent
amendment(s)to the Agreement, shall be referred to as the"Funds").
Section 4. Alterations: Any proposed changes in the Project including,without limitation,the Budget
in Exhibit C, shall first be submitted, reviewed, and approved, in writing, by the City
Manager, which approval, if given at all, shall be at his/her sole reasonable judgment and
discretion.
Section 5. Reporting Requirements and Method of Payment: In compliance with 24 CFR §
570.503 (b)(2), Sub-Recipient shall submit Financial and Progress reports as indicated in
Exhibit A-describing the progress made by the Sub-Recipient in achieving the objectives
identified in Exhibit A—Scope of Services. As part of the final report submitted, the Sub-
Recipient also agrees to include a comprehensive final report covering the agreed-upon
Program objectives, activities, and expenditures, and including, but not limited to,
performance data and client feedback with respect to the goals and objectives outlined in
Exhibit A. Exhibit B contains a checklist of backup documentation to be used in fulfillment
of the reporting requirement. Other reporting requirements may be required by the City
Manager in the event of Program changes; the need for additional information or
documentation arises; and/or legislative amendments are enacted. Reports and/or
requested documentation not received by the due date shall be considered delinquent and
may be cause for default and termination of this Agreement, pursuant to Section 12 hereof.
The Sub-Recipient shall be informed, in writing, if any changes become necessary.
Drawdowns for the payment of eligible expenses shall be made against the line item
budgets specified in Exhibit C—Budget and in accordance with performance.
Section 6. Monitoring: In compliance with 2 CFR § 200.331 (d) and (e), at its discretion, the City
may monitor the Sub-Recipient to evaluate the progress of the Program and provide
technical assistance.The Subrecipient will monitor all subcontracted services on a regular
basis to assure contract compliance. Results of monitoring efforts shall be summarized in
written reports and supported with documented evidence of follow-up actions taken to
correct areas of noncompliance.
Section 7. Additional Conditions and Compensation: The parties acknowledge that the Funds
originate from CDBG grant funds from HUD, and must be implemented in full compliance
with all of HUD's rules and regulations. In the event of curtailment or non-production of
said Federal funds, the financial sources necessary to continue to pay the Sub-Recipient
all or any portions of the Funds will not be available. In that event, the City may terminate
this Agreement, which termination shall be effective as of the date that it is determined by
the City Manager, in his/her sole discretion and judgment, that the Funds are no longer
available. In the event of such termination, the Sub-Recipient agrees that it will not look
to, nor seek to hold the City, nor any individual member of the City Commission and/or City
Administration, personally liable for the performance of this Agreement, and the City shall
be released from any further liability to Sub-Recipient under the terms of this Agreement.
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Section 8. Compliance with Local, State, and Federal Regulations-The Sub-Recipient agrees to
comply with all applicable Federal regulations as they may apply to Program administration
as described in 24 CFR Part 570 and 2 CFR Part 200 and carry out each activity in
compliance with the laws and regulations as described in 24 CFR Part 570, Subpart K—
Other Program Requirements, as same may be amended from time to time. Additionally,
the Sub-Recipient will comply with all State and local (City and County) applicable laws
and ordinances. It shall be the Sub-Recipient's sole and absolute responsibility to
continually familiarize itself with any and all such applicable Federal, State, County, and
City regulations, laws, and/or ordinances.
Section 9. Restrictions for Certain Resident Aliens - Certain newly legalized aliens, as described
in 24 CFR Part 49, are not eligible to apply for benefits under covered activities funded by
the CDBG Program. "Benefits" under this section means financial assistance, public
services, jobs, and access to new or rehabilitated housing and other facilities made
available under activities funded by the CDBG Program. "Benefits" do not include
relocation services and payments to which displacees 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, which consent, if given at all, shall be at the
City's sole discretion and judgement.
Section 11. Term: This Agreement shall commence on contract execution and shall terminate on
September 30, 2023 (the Term), with the understanding that at the end of the Term, the
City Commission has the authority to reappropriate any remaining unused Funds.
Section 12. Termination of Agreement:
12.1 Termination for Convenience: This Agreement may be terminated by the City, for
convenience and without cause, through the City Manager, upon 30 days prior
written notice to Sub-Recipient. In the event of such termination for convenience,
the City shall cease any payments to Sub-Recipient for costs resulting from
obligations which were not approved before the effective date of termination. Sub-
Recipient shall be solely responsible for immediately returning any unused or
unapproved Funds as of the date of termination, and shall also be solely responsible
for submitting a final report,.as provided in Section 5 hereof, (detailing all Program
objectives, activities, and expenditures up to the effective date of the termination).
Said final report shall be due within five(5)working days following the effective date
of termination. Upon timely receipt of Sub-Recipient's final report, the City,at its sole
discretion, shall determine the amount(if any) of any additional portion of the Funds
to be returned to the City as a result of any unapproved or unused Funds, or
incomplete Project items, and shall provide Sub-Recipient with written notice of any
monies due. Said additional monies shall be due and payable immediately upon
receipt of such notice by Sub-Recipient. Notwithstanding the preceding, the City
reserves any and all legal rights and remedies it may have 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 include, but not be limited to, the
following:
a. Failure to comply and/or perform, in accordance with the terms of this
Agreement, or any Federal, State, County, or City law or regulation.
b. Submitting reports to the City which are late, incorrect, or incomplete in any
material respect.
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c. Implementation of this Agreement, for any reason, is rendered impossible or
infeasible.
d. Failure to respond in writing to any concerns raised by the City, including
substantiating documents when required/requested by the City.
e. Any evidence of fraud, mismanagement, and/or waste, as determined by the
City's monitoring and applicable HUD rules and regulations.
The City shall notify the Sub-Recipient in writing_when the Sub-Recipient has been
placed in default. Such notification shall include: (i) actions taken by or to be taken
by the City, such as withholding of payments; (ii) actions to be taken by the Sub-
Recipient as a condition precedent to curing the default, if applicable; and (iii) a
reasonable cure period, which shall be no less than thirty(30)days from notification
date with respect to Subsections 12.2(a),(b),and (d). In the event the Sub-Recipient
fails to cure a default under Subsections 12.2(a), (b), and (d)within the aforestated
cure period, this Agreement shall be considered terminated for cause, without
requiring further notice to Sub-Recipient, and Sub-Recipient shall be solely
responsible for repayment to the City of all or any portion of the Funds disbursed to
Sub-Recipient, as deemed required by the City, in its sole and reasonable discretion.
Said monies shall be immediately due and payable by Sub-Recipient.
Notwithstanding the preceding, the City reserves any and all legal rights and
remedies it may have 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.
Notwithstanding the foregoing, with respect to Subsection 12.2 (c) and (e), the
termination for cause, as described in this section, shall be effective upon receipt of
the termination notice,without the opportunity to cure said default.
Additionally, if Sub-Recipient has committed similar defaults under Subsections
12.2(a), (b), and (d), on two or more occasions during the term of the Agreement,
the termination for cause, as described in this section, shall be effective as of the
date the second notice is sent to Sub-Recipient by the City, without the opportunity
to cure said default.
12.3 Termination for Lack of Funds: In the event of curtailment of, or regulatory
constraints placed on the Funds by HUD, this Agreement will terminate, effective as
of the time that it is determined by the City Manager that such Funds are no longer
available. Costs of the Sub-Recipient incurred after termination are not allowable
unless expressly authorized in writing by the City Manager(whether in the notice of
termination or subsequent thereto), and, in that case, may only be allowable if, in the
sole discretion of the City Manager:
a. The costs resulted from obligations which were properly incurred before the
effective date of termination,were not in anticipation of it,and are noncancelable;
and
b. The costs would be allowable if the Agreement expired normally at the end of its
Term.
Section 13. Equal Employment Opportunities/No Discrimination: In compliance with 2 CFR Part
200, Appendix II: Except as otherwise provided under 41 CFR Part 60, all contracts that
meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 must
include the equal opportunity clause provided under 41 CFR § 60-1.4(b), in accordance
with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3
CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," and implementing
regulations at 41 CFR Part 60, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor."
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Unless otherwise required by applicable laws, in connection with performance of the
Services, the Sub-Recipient shall not exclude from participation in, deny the benefits of, or
subject to discrimination anyone on the grounds of race, color, national origin, sex, age,
disability, religion, income, or family status.
Additionally, Sub-Recipient shall comply with the City of Miami Beach Human Rights
Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time,
prohibiting discrimination in the employment, housing, public accommodations, or public
services, on the basis of actual or perceived race, color, national origin, religion, sex,
intersexuality,sexual orientation, gender identity,familial and marital status,age, ancestry,
height, weight, hair texture and/or hairstyle, domestic partner status, labor organization
membership,familial situation, political affiliation, or disability.
Section 14. Program Income: The Sub-Recipient shall report monthly all program income(as defined
at 24 CFR 570.500(a))generated by activities carried out with CDBG funds made available
under this Agreement.The use of program income by the Sub-Recipient shall comply with
the requirements set forth at 24 CFR § 570.504. By way of further limitations, the Sub-
Recipient may use such income during the contract period for activities permitted under
this Agreement and shall reduce requests for additional funds by the amount of any such
program income balances on hand. All unexpended program income shall be returned to
the Grantee at the end of the Term. Any interest earned on cash advances from the U.S.
Treasury and from funds held in a revolving fund account is not program income and shall
be remitted promptly to the Grantee.
Section 15. Religious Organization or Owned Property: CDBG funds may 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 requirements set in 24 CFR
§ 570.200(j). The Sub-Recipient shall comply with First Amendment Church/State
principles, as follows:
a. It will not discriminate against any employee or applicant for employment on the basis
of religion and will not limit employment or give preference in employment to persons
on the basis of religion.
b. It will not discriminate against any person applying for public services on the basis of
religion and will not limit such services or give preference to persons on the basis of
religion.
c. It will retain its independence from Federal, State, and local governments, and may
continue to carry out its mission, including the definition, practice, and expression of its
religious beliefs, provided that it does not use direct CDBG funds to support any
inherently religious activities, such as worship, religious instruction, or proselytizing.
d. The Funds shall not be used for the acquisition, construction, or rehabilitation of
structures to the extent that those structures are used for inherently religious activities.
Where a structure is used for both eligible and inherently religious activities, CDBG
funds may not exceed the cost of those portions of the acquisition, construction, or
rehabilitation that are attributable to eligible activities in accordance with the cost
accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels,
or other rooms that a CDBG-funded religious congregation uses as its principal place
of worship, however, are ineligible for CDBG-funded improvements.
Section 16. Reversion of Assets: In the event of a termination of this Agreement, or upon expiration
of the Agreement, and in addition to any and all other remedies available to the City
(whether under this Agreement, or at law or in equity),the Sub-Recipient shall immediately
transfer to the City any Funds on hand at the time of termination (or expiration) and any
accounts receivable attributable to the use of CDBG funds. The City's receipt of any Funds
on hand at the time of termination, shall not waive the City's right (nor excuse Sub-
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Recipient's obligation) to recoup all or any portion of the Funds, as the City may deem
necessary.
Section 17. Conformity to HUD regulations: The Sub-Recipient agrees to abide by guidelines set
forth by HUD for the administration and implementation of the CDBG Program, including
those set forth below and the applicable Uniform Administrative Requirements set forth in
24 CFR § 570.502, as amended by 2 CFR Part 200 and applicable Federal laws and
regulations in 24 CFR § 570.600, et seg. as now in effect and as may be amended from
time to time. In this regard, the Sub-Recipient agrees that duly authorized representatives
of HUD shall have access to any books, documents, papers, and records of the Sub-
Recipient that are directly pertinent to this Agreement for the purpose of making audits,
examinations, excerpts, and transcriptions.
a. Subpart A-"Acronyms and Definitions"
b. Subpart B-General Provisions
c. Subpart C-"Pre-Federal Award Requirements and Contents of Federal Awards"
d. Subpart D - "Post-Federal Award Requirements", except for §§ 200.305, 200.306,
200.307, 200.308, 200.311 of 2 CFR Part 200 as detailed below:
1) "Payment" is modified for lump sum drawdown for financing of property ,
rehabilitation activities, in accordance with 24 CFR§570.513.
2) "Program Income" is governed by 24 CFR§ 570.504
3) "Real Property"does not apply, except as provided in 570.200(j). Real property is
governed by 24 CFR§ 570.505.
4) "Equipment" CDBG Sub-Recipients shall follow Section 2 CFR§200.313, except
that when the equipment is sold, the proceeds shall be program income.
Equipment not needed by the Sub-Recipient for CDBG activities shall be
transferred to the recipient for the CDBG program or shall be retained after
compensating the recipient.
5) Section 2 CFR§200.334"Retention requirements for records"applies except that:
For Sub-Recipients:
i. The retention period for individual CDBG activities shall be the longer of
five (5) years after the expiration or termination of the Sub-Recipient
agreement under 24 CFR§570.503, or five(5)years after the submission
of the annual performance and evaluation report, as prescribed in 24 CFR
§91.520 of this title, in which the specific activity is reported on for the final
time;
ii. Records for individual activities subject to the reversion of assets
provisions at 24 CFR § 570.503(b)(7) or change of use provisions at 24
CFR § 570.505 must be maintained for as long as those provisions
continue to apply to the activity; and
iii. Records for individual activities for which there are outstanding loan
balances, other receivables, or contingent liabilities must be retained until
such receivables or liabilities have been satisfied.
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6) Section 2 CFR§200.344"Closeout"
City will close-out the Federal award when it determines that all applicable
administrative actions and all required work of the Federal award have been
completed by the Sub-Recipient. The following actions must take place to
complete this process at the end of the Term.
i. The Sub-Recipient must submit, no later than 30 calendar days after the
end date of the Term, all financial, accomplishment, performance, and
other reports as required by the terms and conditions of this Agreement.
City may approve extensions when requested by the Sub-Recipient.
ii. Unless City authorizes an extension, Sub-Recipient must liquidate all
obligations incurred under this Agreement no later than 60 calendar days
after the end date of the Term as specified in the terms and conditions of
this Agreement.
iii. City must make prompt payments to the Sub-Recipient for allowable
reimbursable costs under this Agreement, meeting the requirements of
Subpart E (2 CFR§§ 200.400—200.476) prior to being closeout.
iv. Sub-Recipient must promptly refund any balances of unobligated cash that
City paid in advance or paid and that are not authorized to be retained by
the Sub-Recipient for use in other projects. See OMB Circular A-129 and
see 2 CFR § 200.345 Collection of amounts due, for requirements
regarding unreturned amounts that become delinquent debts.
v. Consistent with the terms and conditions of the Agreement, City must
make a settlement for any upward or downward adjustments to the
Federal share of costs after closeout reports are received.
vi. Sub-Recipient must account for any real and personal property acquired
with Federal funds or received from the Federal Government in
accordance with 2 CFR§§ 200.310 Insurance coverage through 200.316
Property Trust Relationship and 200.329 Reporting on Real Property.
vii. City should complete all closeout actions for Federal awards no later than
one year after receipt and acceptance of all required final reports.
Section 18. Sponsorships: The Sub-Recipient agrees that all notices, informational pamphlets, press
releases, advertisements, descriptions of the sponsorship of the Program, research
reports, and similar public notices prepared and released by the Sub-Recipient for, on
behalf of, and/or about the Project, shall include the statement:
"FUNDED BY THE CITY OF MIAMI BEACH
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM"
In written materials, the words
"CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
ADMINISTERED BY THE CITY OF MIAMI BEACH OFFICE OF HOUSING AND
COMMUNITY DEVELOPMENT"
shall appear in the same size letters or type as the name of the Sub-Recipient.
Section 19. Examination of Records: The Sub-Recipient shall maintain sufficient records in
accordance with 24 CFR§§570.502, 570.503(b)(2)and 570.506 to determine compliance
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with the requirements of this Agreement,the CDBG Program, and all other applicable laws
and regulations.This documentation shall include, but not be limited to, the following:
a. Books, records, and documents in accordance with generally accepted accounting
principles, procedures, and practices, which sufficiently and properly reflect all
revenues and expenditures of funds provided directly or indirectly by this Agreement,
including matching funds and Program Income. These records shall be maintained to
the extent of such detail as will properly reflect all net costs, direct and indirect labor,
materials, equipment, supplies, and services, and other costs and expenses of
whatever nature for which reimbursement is claimed under the provisions of this
Agreement;
b. Time sheets for split-funded employees,which work on more than one activity, in order
to record the CDBG activity delivery cost by Program and the non-CDBG related
charges; and
c. How the Statutory National Objective(s) as defined in 24 CFR 570.208 and the
eligibility requirement(s) under which funding has been received, have been met.
These also include special requirements such as necessary and appropriate
determinations as defined in 24 CFR § 570.209, income certifications, and written
Agreements with beneficiaries, where applicable.
The Sub-Recipient is responsible for maintaining and storing all records pertinent to
this Agreement in an orderly fashion in a readily accessible, permanent, and secured
location for a period of five (5) years after expiration of this Agreement, with the
following exception: if any litigation, claim or audit is started before the expiration date
of the five (5)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.
Section 20. Audits and Inspections:
a. At any time during normal business hours, and as often as the City (and/or its
representatives) may deem necessary, the Sub-Recipient shall make available all
records, documentation, and any other data relating to all matters covered by the
Agreement, for review, inspection or audit.
In compliance with 2 CFR Part 200, Subpart F-Audit Requirements, if Sub-Recipient
expends $750,000 or more during the non-Federal entity's fiscal year in Federal
awards,the Sub-Recipient must have a single or program-specific audit conducted for
that year in accordance with the provisions mentioned above and shall be submitted
to the City 180 days after the end of the Sub-Recipient's fiscal year.
If this Agreement is closed-out prior to the receipt of an audit report, the City reserves
the right to recover any disallowed costs identified in an audit after such closeout.
b. Inspector General Audit Rights
1) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has
established the Office of the Inspector General which may, on a random basis,
perform reviews, audits, inspections, and investigations on all City contracts,
throughout the duration of said contracts. This random audit is separate and
distinct from any other audit performed by or on behalf of the City.
2) The Office of the Inspector General is authorized to investigate City affairs and
empowered to review past, present, and proposed City programs, accounts,
records, contracts, and transactions. In addition, the Inspector General has the
power to subpoena witnesses, administer oaths, require the production of
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witnesses, and monitor City projects and programs. Monitoring of an existing City
project or program may include a report concerning whether the project is on time,
within budget, and in conformance with the contract documents and applicable
law. The Inspector General shall have the power to audit, investigate, monitor,
oversee, inspect, and review operations, activities, performance, and procurement
process including, but not limited to, project design, bid specifications,
(bid/proposal) submittals, and activities of the Sub-Recipient, its officers, agents,
and employees, lobbyists, City staff, and elected officials to ensure compliance
with the contract documents and to detect fraud and corruption. Pursuant to
Section 2-378 of the City Code, the City is allocating a percentage of its overall
annual contract expenditures to fund the activities and operations of the Office of
Inspector General.
3) Upon ten (10) days written notice to the Sub-Recipient, the Sub-Recipient shall
make all requested records and documents available to the Inspector General for
inspection and copying.The Inspector General is empowered to retain the services
of independent private sector auditors to audit, investigate, monitor, oversee,
inspect, and review operations activities, performance, and procurement process
including, but not limited to, project design, bid specifications, (bid/proposal)
submittals, activities of the Sub-Recipient, its officers, agents, and employees,
lobbyists, City staff, and elected officials to ensure compliance with the contract
documents and to detect fraud and corruption.
4) The Inspector General shall have the right to inspect and copy all documents and
records in the Sub-Recipient's possession, custody or control which in the
Inspector General's sole judgment, pertain to performance of the contract,
including, but not limited to, original estimate files, change order estimate files,
worksheets, proposals, and agreements from and with successful subcontractors
and suppliers, all project-related correspondence, memoranda, instructions,
financial documents, construction documents, (bid/proposal) and contract
documents, back-change documents, all documents and records which involve
cash, trade, or volume discounts, insurance proceeds, rebates, or dividends
received, payroll and personnel records, and supporting documentation for the
aforesaid documents and records.
5) The Sub-Recipient shall make available at its office at all reasonable times the
records, materials, and other evidence regarding the acquisition (bid preparation)
and performance of this Agreement, for examination, audit, or reproduction, until
three (3) years after final payment under this Agreement or for any longer period
required by statute or by other clauses of this Agreement. In addition:
i. If this Agreement is completely or partially terminated, the Sub-Recipient
shall make available records relating to the work terminated until three (3)
years after any resulting final termination settlement; and
ii. The Sub-Recipient shall make available records relating to appeals or to
litigation or the settlement of claims arising under or relating to this
Agreement until such appeals, litigation, or claims are finally resolved.
6) The provisions in this section shall apply to the Sub-Recipient, its officers, agents,
employees, subcontractors, and suppliers. The Sub-Recipient shall incorporate
the provisions in this section in all subcontracts and all other agreements
executed by the Sub-Recipient in connection with the performance of this
Agreement.
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•
7) Nothing in this section shall impair any independent right to the City to conduct
audits or investigative activities. The provisions of this section are neither
intended nor shall they be construed to impose any liability on the City by the Sub-
Recipient or third parties.
Section 21. Indemnification/Insurance Requirements: The Sub-Recipient shall indemnify and hold
harmless the City, its officers, employees, and agents;from any and all claims, liability,
losses and causes of action which may arise out of an act, omission, negligence, or
misconduct on the part of the Sub-Recipient, or any of its agents, officers, servants,
employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting
under the direction, control, or supervision of Sub-Recipient, pursuant to this Agreement
and/or the Project. The Sub-Recipient shall pay all claims and losses of any nature
whatsoever in connection therewith and shall defend all suits in the name of the City, and
shall pay all costs (including attorney's fees) and judgements which may issue thereon.
This Indemnification shall survive the termination and/or expiration of this Agreement.
The Sub-Recipient shall not commence any work and/or services pursuant to this
Agreement until all insurance required under this Section has been obtained and the City's
Risk Manager has approved such insurance. In the event evidence of such insurance is
not forwarded to the City's Risk Manager within thirty (30) days after the commencement
date of the Term, this Agreement shall automatically terminate and become null and void,
and the City shall have no obligation under the terms and conditions hereof.
The vendor shall maintain the below required insurance in effect prior to awarding the
contract and for the duration of the contract. The maintenance of proper insurance
coverage is a material element of the contract and failure to maintain or renew coverage
may be treated as a material breach of the contract, which could result in withholding of
payments or termination of the contract.
A. Workers' Compensation Insurance for all employees of the Contractor as required by
Florida Statute Chapter 440 and Employer Liability Insurance with a limit of no less
than $1,000,000 per accident for bodily injury or disease. Should the Contractor be
exempt from this Statute, the Contractor and each employee shall hold the City
harmless from any injury incurred during performance of the Contract. The exempt
contractor shall also submit (i)a written statement detailing the number of employees
and that they are not required to carry Workers' Compensation insurance and do not
anticipate hiring any additional employees during the term of this contract or(ii)a copy
of a Certificate of Exemption.
B. Commercial General Liability Insurance on an occurrence basis, including products
and completed operations, property damage, bodily injury and personal &advertising
injury with limits no less than $1,000,000 per occurrence, and $2,000,000 general
aggregate.
C. Automobile Liability Insurance covering any automobile, if vendor has no owned
automobiles, then coverage for hired and non-owned automobiles, with limit no less
than $1,000,000 combined per accident for bodily injury and property damage.
D. Professional Liability (Errors & Omissions) Insurance appropriate to the Consultant's
profession, with limit no less than $1,000,000.
Additional Insured - City of Miami Beach must be included by endorsement as an
additional insured with respect to all liability policies (except Professional Liability and
Workers' Compensation) arising out of work or operations performed on behalf of the
contractor including materials, parts, or equipment furnished in connection with such work
or operations and automobiles owned, leased, hired or borrowed in the form of an
endorsement to the contractor's insurance.
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Notice of Cancellation-Each insurance policy required above shall provide that coverage
shall not be cancelled, except with notice to the City of Miami Beach do EXIGIS Insurance
Compliance Services.
Waiver of Subrogation — Vendor agrees to obtain any endorsement that may be
necessary to affect the waiver of subrogation on the coverages required. However, this
provision applies regardless of whether the City has received a waiver of subrogation
endorsement from the insurer.
Acceptability of Insurers — Insurance must be placed with insurers with a current A.M.
Best rating of A:VII or higher. If not rated, exceptions may be made for members of the
Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they
are licensed and authorized to do insurance business in the State of Florida.
Verification of Coverage—Contractor shall furnish the City with original certificates and
amendatory endorsements, or copies of the applicable insurance language, effecting
coverage required by this contract. All certificates and endorsements are to be received
and approved by the City before work commences. However,failure to obtain the required
documents prior to the work beginning shall not waive the Contractor's obligation to provide
them. The City reserves the right to require complete, certified copies of all required
insurance policies, including endorsements, required by these specifications, at any time.
CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
c/o EXIGIS Insurance Compliance Services
P.O. Box 4668—ECM#35050
New York, NY 10163-4668
Kindly submit all certificates of insurance, endorsements,exemption letters to our servicing
agent, EXIGIS, at: Certificates-miamibeachriskworks.com
Special Risks or Circumstances -The City of Miami Beach reserves the right to modify
these requirements, including limits, based on the nature of the risk, prior experience,
insurer, coverage, or other special circumstances.
Compliance with the foregoing requirements shall not relieve the vendor of his liability and
obligation under this section or under any other section of this agreement.
Section 22. Conflict of Interest: The Sub-Recipient covenants that no person under its employ who
presently exercises any functions or responsibilities in connection with Community
Development Block Grant (CDBG) funded activities has any personal financial interests,
direct or indirect, in this Agreement. The Sub-Recipient covenants that in the performance
of this Agreement, no person having such conflicting interest shall be employed. The Sub-
Recipient covenants that it will comply with all provisions of 24 CFR§ 570.611 "Conflict of
Interest", and State, County, and City of Miami Beach statutes, regulations, ordinances, or
resolutions governing conflicts of interest. The Sub-Recipient shall disclose, in writing, to
the City any possible conflicting interest or apparent impropriety that is covered by the
above provisions. This disclosure shall occur immediately upon knowledge of such
possible conflict. The City will then render an opinion, which shall be binding on both
parties.
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Section 23. Venue: This Agreement shall be governed by, and construed in accordance with,the laws
of the State of Florida, both substantive and remedial,without regard to principles of conflict
of laws. The exclusive venue for any litigation arising out of this Agreement shall be
Miami-Dade County, Florida,,if in State court. BY ENTERING INTO THIS AGREEMENT,
CITY AND SUB-RECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY
HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING
OUT OF, THIS AGREEMENT.
Section 24. Notices: All notices required under this Agreement shall be sent to the parties at the
following address:
City: Alba Tarre, Department Director
Office of Housing and Community Services
Care of: Office of Housing and Community Development
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Sub-Recipient: Arthur W. Martineau, Director
Miami Beach Police Athletic League
999 11th St.
Miami Beach, Florida 33139
In the event that the Sub-Recipient changes the Executive Director during the term of the
Agreement, such change must be notified in writing to the City within 15 days of such
change.
Section 25. Limitation of Liability: The City desires to enter into this Agreement only if, in so doing,
the City can place a limit on City's liability for any cause of action for money damages due
to an alleged breach by the City of this Agreement, so that its liability for any such breach
never exceeds the sum of$5,000. Sub-Recipient hereby expresses its willingness to enter
into this Agreement with Sub-Recipient's recovery from the City for any damage action for
breach of contract to be limited to a maximum amount of$5,000.
Accordingly, Sub-Recipient hereby agrees that the City shall not be liable to Sub-Recipient
for damages in an amount in excess of$5,000,for any action or claim for breach of contract
arising out of the performance or nonperformance of any obligations imposed upon the City
by this Agreement. Nothing contained in this subparagraph or elsewhere in this Agreement
is in any way intended to be a waiver of the limitation placed upon City's liability as set forth
in Florida Statutes, Section 768.28.
Section 26. Florida Public Records Law:
a. Sub-Recipient shall comply with Florida Public Records law under Chapter 119, Florida
Statutes, as may be amended from time to time.
b. The term "public records" shall have the meaning set forth in Section 119.011(12),
Florida Statutes, which means all documents, papers, letters, maps, books, tapes,
photographs, films, sound recordings, data processing software, or other material,
regardless of the physical form, characteristics, or means of transmission, made or
received pursuant to law or ordinance or in connection with the transaction of official
business of the City.
c. Pursuant to Section 119.0701, Florida Statutes, if the Sub-Recipient meets the
definition of"Contractor"as defined in Section 119.0701(1)(a),the Sub-Recipient shall:
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1) Keep and maintain public records required by the City to perform the service;
2) Upon request from the City's custodian of public records, provide the City with a
copy of the requested records or allow the records to be inspected or copied within
a reasonable time, at a cost that does not exceed the cost provided in Chapter
119, Florida Statutes, or as otherwise provided by law;
3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed, except as authorized by law,
for the duration of the contract term and following completion of the Agreement, if
the Sub-Recipient does not transfer the records to the City;
4) Upon completion of the Agreement, transfer, at no cost to the City, all public
records in possession of the Sub-Recipient or keep and maintain public records
required by the City to perform the service. If the Sub-Recipient transfers all public
records to the City upon completion of the Agreement, the Sub-Recipient shall
destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. If the Sub-Recipient keeps and
maintains public records upon completion of the Agreement, the Sub-Recipient
shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided to the City, upon request from the City's
custodian of public records, in a format that is compatible with the information
technology systems of the City.
d. Request for Records; Noncompliance
1) A request to inspect or copy public records relating to the City's contract for
services must be made directly to the City. If the City does not possess the
requested records, the City shall immediately notify the Sub-Recipient of the
request, and the Sub-Recipient must provide the records to the City or allow the
records to be inspected or copied within a reasonable time.
2) Sub-Recipient's failure to comply with the City's request for records shall constitute
a breach of this Agreement, and the City, at its sole discretion, may: (i) unilaterally
terminate the Agreement; (ii) avail itself of the remedies set forth under the
Agreement;.and/or(iii) avail itself of any available remedies at law or in equity.
3) A Sub-Recipient who fails to provide the public records to the City within a
reasonable time may be subject to penalties under§ 119.10, Florida Statutes.
e. Civil Action
1) If a civil action is filed against a Sub-Recipient to compel production of public
records relating to the City's contract for services,the court shall assess and award,
against the Sub-Recipient the reasonable costs of enforcement, including
reasonable attorneys'fees;if:
i. The court determines that the Sub-Recipient unlawfully refused to comply with
the public records request within a reasonable time; and
ii. At least 8 business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the Sub-
Recipient has not complied with the request, to the City and to the Sub-
Recipient.
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2) A notice complies with subparagraph (1)(ii) if it is sent to the City's custodian of
public records and to the Sub-Recipient at the Sub-Recipient's address listed on
its contract with the City or to the Sub-Recipient's registered agent. Such notices
must be sent by common carrier delivery service or by registered, Global Express
Guaranteed, or certified mail,with postage or shipping paid by the sender and with
evidence of delivery, which may be in an electronic format.
3) A Sub-Recipient who complies with a public records request within 8 business
days after the notice is sent is not liable for the reasonable costs of enforcement.
f. IF THE SUB-RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE SUB-RECIPIENT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADOna.MIAMIBEACHFL.GOV
PHONE: 305-673-7411
Section 27. E-Verify
27.1 Sub-Recipient shall comply with Section 448.095, Florida Statutes, "Employment
Eligibility" ("E-Verify Statute"), as may be amended from time to time. Pursuant to
the E-Verify Statute, commencing on January 1, 2021, Sub-Recipient shall register
with and use the E-Verify system to verify the work authorization status of all newly
hired employees during the Term of the Agreement. Additionally, Sub-Recipient
shall expressly require any approved subcontractor performing work or providing
services pursuant to the Agreement to likewise utilize the U.S. Department of
Homeland Security's E-Verify system to verify the employment eligibility of all new
employees hired by the subcontractor during the contract Term. If Sub-Recipient
enters into a contract with an approved subcontractor, the subcontractor must
provide the Sub-Recipient with an affidavit stating that the subcontractor does not
employ, contract with, or subcontract with an unauthorized alien. Sub-Recipient
shall maintain a copy of such affidavit for the duration of the Agreement or such
other extended period as may be required under this Agreement.
27.2 Termination Rights.
a. If the City has a good faith belief that Sub-Recipient has knowingly violated
Section 448.09(1), Florida Statutes, the City shall terminate this Agreement with
Sub-Recipient for cause, and City shall thereafter have or owe no further
obligation or liability to Sub-Recipient.
b. If the City has a good faith belief that a subcontractor has knowingly violated
Section 27.1 of this Agreement, but the Sub-Recipient otherwise complied with
such section, the City will promptly notify the Sub-Recipient and order the Sub-
Recipient to immediately terminate the agreement with the subcontractor. Sub-
Recipient's failure to terminate a subcontractor shall be an event of default under
this Agreement,entitling City to terminate the Sub-Recipient's contract for cause.
c. A contract terminated under the foregoing Subparagraphs (a) or (b) is not in
breach of contract and may not be considered as such.
d. The City or Sub-Recipient or a subcontractor may file an action with the Circuit
or County Court to challenge a termination under the foregoing Subparagraphs
(a)or(b)no later than 20 calendar days after the date on which the contract was
terminated.
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e. If the City terminates the Agreement with Sub-Recipient under the foregoing
Subparagraph (a), Sub-Recipient may not be awarded a public contract for at
least 1 year after the date of termination of this Agreement.
f. Sub-Recipient is liable for any additional costs incurred by the City as a result of
the termination of this Agreement under this section.
Section 28. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors, and assigns.
[SIGNATURES TO FOLLOW]
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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.
MIAMI BEACH POLICE ATHLETIC LEAGUE, INC.
a Florida not-for-profit corporation
ATTEST: ‘Zit.
�/_
Secretary / Signature
( Arthur Martineau, Executive Director
Print Name Print Name and Title
(o (R LZ
Date
CITY OF MIAMI BEACH, FLORIDA
a Florida municipal corporation
ATTEST: Wrict.
Signature ignature
Rafael E. Granado City Clerk Alina T. Hudak, City Manager
Print Name NOV 1 0 2022 _ PYi .4me
Date y'ea
IRRCORPORATED' ,
APPROVED AS TO
FORM & LANGUAGE
• & FO EXECUTION
4v Ntiv 16 of 31
City Attorney Date
EXHIBIT"A"
"SCOPE OF SERVICES"
Statement of Work:
In compliance with 24 CFR 570.503(b)(1), Sub-Recipient agrees to provide the following:
Sub-Recipient Name: Miami Beach Police Athletic League, Inc.
Federal Award 59-0994619
Identification: ,
UEI Number: ZBJINS4YK8C5
Term: Contract execution—September 30, 2023
Subaward Period of $16,000—as detailed in Exhibit C- Budget
Performance:
Budget: Miami Beach Police Athletic League, Inc.
Federal Awarding U.S. Department of Housing and Urban Development (HUD)
Agency:
Pass-through Entity: City of Miami Beach—Office of Housing and Community Development, a
Division of the Office of Housing and Community Services.
Prior to the 10th of every month starting the month after contract execution:
• Progress
Reports Due:
• Accomplishments
• Financial
Budget Amendment June 30, 2023
Deadline
At least sixty(60) percent of your allotted grant funds must be expended
Expenditure Deadline by June 30,,2023 as demonstrated by the total value of reimbursements
processed.
National Objective Low-to moderate-income clientele
Project: Miami Beach PAL Youth Directors Council
Project Location: 999 11th St, Miami Beach, Florida 33139
The Miami Beach PAL Youth Directors Council provides students with
biweekly leadership and cultural training sessions, and adult mentors, with
a 1:7 mentor-to-mentee ratio. With the award of the Miami Beach CDBG
Service: Funding, Miami Beach PAL will contract Burden and Burden Consulting to
continue their Life After High School Curriculum that prepares students for
ongoing learning in their post-secondary environments, such as, colleges
and universities, trade schools, and varied career paths.
Units of Service: • 20 Miami Beach youth
• Biweekly sessions (2x a month)
• Completed and executed client intake form with consent
authorization
Deliverables: • Back-up documentation demonstrating household income
• Daily attendance rolls
• List of beneficiaries including demographic information
• Summary of the curriculum to be offered
Requirements/Definitions:
1. Davis-Bacon Act Compliance
The Davis-Bacon Act applies to contractors and subcontractors performing on federally funded or
assisted contracts in excess of $2,000 for the construction, alteration, or repair (including painting
and decorating)of public buildings or public works.Davis-Bacon Act and Related Act contractors and
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subcontractors must pay their laborers and mechanics employed under the contract no less than the
locally prevailing wages and fringe benefits for corresponding work on similar projects in the area.
The Davis-Bacon Act directs the Department of Labor to determine such locally prevailing wage rates.
Affordable housing rehabilitation projects of eight(8) or more units using CDBG funds must ensure
Davis-Bacon Act compliance.
2. Certified Payroll
Certified payrolls shall be submitted weekly for each week in which any contract work is performed
in compliance with Federal Labor Standard Provisions.
3. Section 3
Any Agreement greater than $100,000 that involves rehabilitation, housing construction, or other
public construction, requires compliance with Section 3 of the HUD Act of 1968.
4. Environmental Review
Programs must have an Environmental Review unless they meet criteria specified in HUD regulations
that would exempt or exclude them from Request for Release of Funds (RROF) and environmental
certification requirements.(24 CFR sections 58.1, 58.22, 58.34, 58.35 and 570.604).
No project funds will be advanced, and no costs can be incurred, until the City has conducted an
Environmental Review of the proposed project site as required per 24 CFR 58.
5. Compliance with National Objective
The Subrecipient must maintain documentation that demonstrates that the activities carried out with
funds provided under this Contract meet one or more of the CDBG program's national objectives: (1)
benefit low/moderate income persons, (2) aid in the prevention or elimination of slums or blight, or
(3) meet community development needs having a particular urgency, as defined in 24 CFR Part
570.208, specific documentation of which shall be maintained in the project file.
6. Income Verification
Sub-Recipient will ensure and maintain evidence that activities assisted with CDBG funds 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
HUD income limits.Sub-Recipients are responsible for using the most current income limits.
Sub-Recipient may utilize the CDP Income Eligibility Calculator provided at
https://www.hudexchange.info/incomecalculator/ to determine the Household eligibility. It is the
responsibility of the Sub-Recipient to become familiar with this tool.
7. Budget Amendments
The goal should be to limit the use of Budget Amendments. Budget Amendments require prior written
approval by the City Manager.
To request a Budget Amendment, a written request for changes must be submitted to your Grant
Monitor delineating the changes and providing a detailed justification for making the request.
Approvals of any changes are at the sole discretion of the City Manager.
Budget amendments that deviate from the original scope will be rejected and the funds in question
may be subject to recapture at the sole discretion of the City Manager.
8. Employee File Review
The following documentation must be included in the Sub-Recipient's file for those employees
providing services under this contract as applicable.
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• Current Florida Driver License
• Resume with evidence of Required Experience
• State of Florida Board Teacher Certification/License, if applicable
• Administrative Rule 6a-4.01795 - ESE education/experience, if applicable
• Childcare Affidavit of Good Moral Character
• Level 2 Florida Background Criminal Screening
• Child Abuse and Neglect Reporting Requirement
• Data Confidentiality Agreement
• 1-9 Verification on File
9. Evaluation
In its continuing effort to ensure contract compliance and performance, HCD will evaluate the Sub-
' Recipient in its fulfillment of the terms of this Agreement including, but not limited to, the following
measures:
• Agreement compliance
• Accuracy and timeliness of Financial Reports
• Accuracy and timeliness of Progress Reports
• Adherence to Project timelines and Technical Assistance and Sub-Recipient Instructions
• Fulfillment of prescribed outcomes
10. Monitoring & Performance Reviews
City reserves the right to inspect, monitor and/or audit the Sub-Recipient to ensure contractual
compliance. The City will notify Sub-Recipient a minimum of three (3) business days prior to a
monitoring visit.
11. Compliance with Local Rules, Regulations, Ordinances and Laws
The Sub-Recipient must remain incompliance with all local rules, regulations, ordinances and laws
(including having an active business license) in addition to those specified in the body of the
Agreement. In addition, the Sub-Recipient must not owe any monies to the City at the time of
Agreement execution or final release of grant funds.
The City will verify with the Finance Department to ensure that no monies are due the City prior to
Agreement execution
12. Rent Roll Submissions •
Sub-Recipients using City funds for the creation or rehabilitation of affordable housing must submit
tenant rent rolls within thirty(30)days of meeting the National Objective and every year thereafter for
a minimum of fifteen (15)years in adherence with the affordability period required with use of these
funds. For completed projects, certified tenant rolls must be submitted annually by November 1st.
13. ' Affordable Rents Criteria
To ensure the housing is affordable to low-and moderate-income persons, all CDBG-assisted rental
units (12 units) must have rents that are the lesser of the Section 8 Fair Market Rents periodically
established by HUD for the Section 8 rental assistance program for existing housing, or rents which
are 30%of adjusted income for households at 50%of area median income minus tenant paid utilities.
The Subrecipient shall ensure that all of the units in the Project continue to be used to provide housing
for low-and moderate-income persons at affordable rents.The affordability period for the project will
be 50 years.
i
14. Restrictive Covenant
The Subrecipient shall beresponsible for executing an Agreement of Restrictive Covenants that will
ensure the assisted units remain affordable without regard to the term of any mortgage or the transfer
of ownership for not less than the appropriate term described in the previous paragraph.
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15. Reporting Requirements
Progress Report—The Sub-Recipient is required to submita Project Progress Report via Neighborly
software, as indicated in the Scope of Services. Even if no clients are served during any particular
reporting period and/or no grant funds have been expended, the subrecipient is still required to
complete and submit the Progress Report, explaining any issues and/or challenges related to the
program.
Reports are divided into two sections:
• Part 9 - Accomplishments — The report will detail the demographics of the Project
beneficiaries regardless of the service being provided. In order to avoid duplication,
beneficiaries are only to be reported once after the first,time a service is provided. Sub-
Recipient is to report only the new clients (people) benefiting from the Project in each report
with the Accomplishment Report matching race, income and other information requested.
• Part 2 — Narrative and Supporting Documentation - The report summarizes the progress
made during the reporting period, including photos and Units of Service completed. The
report should detail accomplishments compared to the annualized goals set for the activity
or program:
• Financial Report— Funding provided under this Agreement is available on a reimbursable
basis. Reimbursement of funds under this Agreement may be requested only for necessary,
reasonable, and allowable costs described in the Budget. Draws shall be submitted via
Neighborly Software once a month. The report delineates Project expenses incurred and
must include the corresponding evidence of expenses incurred for any Project related
expense which is being submitted for reimbursement as detailed in Exhibit "B"
Documentation. Exhibit"E"shall be completed for each draw request and included uploaded
to Neighborly Software along with all back-up documentation. City is only to reimburse
expenses related to the provision of services related to this Agreement.
Reports will not be considered acceptable unless the.following is met:
• Forms are completely and accurately completed including draw number and submittal date
• Necessary back-up materials are included (as stated in Exhibit"B" Documentation.)
• Reports bear the signature of the person preparing the report and the Sub-Recipient's
authorized signatory
16. Timeliness of Reimbursement Requests
Reimbursement requests must be submitted no later than sixty(60) days from the incurrence of the
expense. The City will strictly monitor this element. Please note that cancelled checks must be
submitted in conjunction with all reimbursement requests. Therefore, the Sub-Recipient should
calendar itself accordingly to ensure that reimbursement requests are submitted to the City in a timely
manner.
17. Procurement Records
All expenses incurred with grant funds require evidence of procurement according to 2 CFR Part 200
Subpart D, Procurement Standards. Please carefully read the Agreement and related HUD rules to
ensure compliance.
Sub-Recipient must retain and include the following rationale and documents supporting any
acquisition of goods and services that are being charged to this Project in compliance with 2 CFR
200 Subpart D, Procurement Standards:
• Rationale for the method of procurement;
• Selection of contract type;
• Contractor selection or rejection; and
• Basis for the contract price.
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18. Professional Services Contracts
No part of this Agreement may be assigned or subcontracted without the prior written consent of the
City, which consent, if given at all, shall be at the City's sole discretion and judgement. Professional
services funded through this Agreement must adhere to procurement guidelines as appropriate and
have executed written Agreements between the Sub-Recipient and the respective Vendor. Contracts
must, at a minimum, specify the cost,timeline and scope of service.A copy of all professional service
contracts must be submitted to the City prior to reimbursement request.
19. Training Requirements
Sub-Recipient must ensure that the person responsible for preparing the Progress,Accomplishment
and Financial Reports attends the HCD's Sub-Recipient Reporting Training.
20. Proof of Insurance
Evidence of appropriate and required insurance must be submitted prior to contract execution. No
City funds will be dispersed prior to submission of required insurance coverage.
•
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EXHIBIT"B"
"Documentation"
The Sub-Recipient agrees to maintain the following documents as part of its record-keeping requirements:
To document insurance coverage:
Copy of insurance policy or binder (with proof of payment) with limits and scope of coverage adding the
City of Miami Beach as additional insured
To document service:
• Intake&screening forms must include:
• Name
• Date of birth
• Beneficiary's address
• Demographic information as required in the CDBG Accomplishment Form
• Executed client consent agreement to receive services
• Client authorization to release information
• Program enrolled
• Collect information on family size and income so that it is evident that at least 51 percent
of the clientele are persons whose family income does not exceed the low and moderate
income limit.
• Any additional documents as requested by the City
To document expenses incurred:
Supporting documents to be submitted with the Monthly Finance Report are as follows:
• Salaries related expenses:
o Cost allocation plan for each of the employees with split funding
o Timesheets reflecting the agreed budget percentage
o Electronic payroll ledgers with corresponding bank transactions (statement)
o Cancelled checks
o Form 941 — Employer's Quarterly Federal Tax Return
o Unemployment payment
o Any additional documents as requested by the City
• Fringe Benefits related expenses:
o Bank statements
o Worker's Compensation invoice, policy and cancelled check
o Any additional documents as requested by the City
• Contractor Services:
o Executed Agreement
o Detailed invoice
o Cancelled checks
o Bank statements
o Any additional documents requested by the City
• Other Project Costs:
o Evidence of 3 quotations
o Detailed invoices
o Cancelled checks
o Bank statements
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o Any additional documents requested by the City
• Professional Services Other:
o Detailed invoices
o Cancelled checks
o Bank statements
o Any additional documents requested by the City
7
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EXHIBIT"C"
"Budget"
The attached budget reflects the scope of expenses that may be incurred through this Agreement.
I\AIAAAI BEACH CDBG FY 2021
Project Budget
Sub-Recipient Miami Beal Police Athletic League Project: Youth Leaders Academy
Award Amount S1$000.00
Please let all items that will'be reimbursed by the City of Miami Beach.
Line Item
Personnel Expenses-List Position Title Quantity Unit Cost Line Total
Pro�am Coordinator S 150.00 23.00 S 3.000.03
I S •
S -
S -
Perso11110'41 eases-Ca o rTotats Y y
S -
Operating Expenses Quantity Unit Cost Line Total
_ - S
S -
' S
S
Operating Expenses=Category Totais
CapitaliE•uipmentCosts Quantity U nit Cost Line Total
S -S
S -
S -
CapitaliEquipmentCosts Category;Totals .. ..y: $.
Professional Services Quantity Unit Cost Line Total
S
LAN:ProgramAdministrafen( 00hrsx2 staff x$50) 230150 _ S 10.000.00
Program Admin"stratar 80 50 S 3.000.03
S -
S Professional Services-'CategorrTotalr_ .. ' ;' r ,.'. ;, S 13;000.00`.
Other Costs Quantity U nit Cost Line Total
S
S -
Other Costs,-Category Totals; • _, S` _-_
Project Total- S- 18.OD0.00
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EXHIBIT"D"
"Financial Management"
To comply with Federal regulations, each program must have a financial management 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 it 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.
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, and 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.)
• Employee Benefits-Should be supported by personnel policies and procedures manual, describing
the types of benefits, eligibility and other relevant information.)
• Professional Services-Should be supported by a complete and signed copy of the contract between
the Sub-Recipient 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.
• 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.
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 five (5) 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 five (5) years, with access guaranteed to the City, to HUD or Treasury officials or their
representative.
Audits
Sub-Recipient shall adhere to the following audit requirements:
1. Audits for Federal Awards in excess of$750,000 in a fiscal year.
If the Sub-Recipient expends $750,000 or more in the fiscal year in Federal awards it shall have a
single audit or program specific audit conducted for that year. The audit shall be conducted in
accordance with GAGAS and 2 CFR Part 200.501. The audit shall determine whether the financial
statements are presented fairly in all material respects in conformity with generally accepted accounting
principles.
In addition to the above requirements, the auditor shall perform procedures to obtain an understanding
of internal controls and perform sufficient testing to ensure compliance with the procedures. Further the
auditor shall determine whether the Sub-Recipient has complied with laws, regulations and the
provisions of this Agreement.
25 of 31
A reporting package shall be submitted within the earlier of 30 days after receipt of the auditor's
report(s) or nine (9) months after the end of the audit period. The reporting package will include the
certified financial statements and schedule of expenditures of Federal Awards; a summary schedule of
prior audit findings;the auditor's report and the corrective action plan. The auditor's report shall include:
• An opinion (or disclaimer of opinion) as to whether the financial statements are presented fairly in
all material respects in conformity with generally accepted principles and an opinion (or disclaimer
of opinion) as to whether the schedule of expenditures of Federal Awards is presented fairly in all
material respects in relation to the financial statements taken as a whole.
• A report on internal controls related to the financial statements and major programs. This report
shall describe the scope of testing of internal controls and the results of the test, and, where
applicable, refer to the separate schedule of findings and questioned costs.
• A report on compliance with laws, regulations, and the provisions of contracts and/or this
Agreement, noncompliance with which could have a material effect on the financial statements.
This report shall also include an opinion (or disclaimer of opinion)as to whether the Sub-Recipient
complied with the laws,regulations,and the provisions of contracts and this Agreement which could
have a direct and material effect on the program and, where applicable, refer to the separate
schedule of findings and questioned costs.
• A schedule of findings and questioned cost which shall include the requirements of 2 CFR Part
200.501.
2. Audits for Federal Awards under$750,000 in a fiscal year.
If the Sub-Recipient expends less than$750,000 in the fiscal year in Federal awards it is exempted
from Federal audit requirements for that year and consequently the audit cost is not a reimbursable
expense. The City, however, may request the Sub-Recipient to have a limited scope audit for
monitoring purposes. These limited scope audits will be paid for and arranged by the City and
address only one or more of the following types of compliance requirements: activities allowed or
disallowed; allowable costs/cost principles; eligibility; matching, level of effort, earmarking; and,
reporting.
All reports presented to the City shall,where applicable, include sufficient information to provide a
proper perspective for judging the prevalence and consequences of the findings, such as whether
an audit finding represents an isolated instance or a systemic problem. Where appropriate,
instances identified shall be related to the universe and the number of cases examined and
quantified in terms of dollar value.
26 of 31
EXHIBIT"E"
"Report Forms"
IV\ I AAAI $ Monthly Financial Report
Sub-Recipient: Miami Beach Police Athletic League, INC.
Project PAL
Funding Source: CDBG
Funding Fiscal Year: 2021 Reporting Period:1
Date of Reimbursement Request Draw#
Reimbursement Summary
Expense Category Grant Award Previous Available This Request
Requests Balance
Personnel Expenses $ - $ - $ - $ -
Operating Expenses $ - $ - $ - $ -
Capital/Equipment Expenses $ - $ - $ - $ -
Professional Services Expenses $ - $ - $ - $ -
Other Expenses $ 16,000.00 $ - $ 16,000.00 $ -
Total Reimbursement Request $ 16,000.00 $ - $ 16,000.00 $ -
Sub-Recipient Certification
In accordance with the contract between the City and the Sub-Recipient: The parties
acknowledge that the Funds originate from HUD, and must be implemented in full compliance
with all of HUD's rules and regulations.
In accordance with the contract between the City and the Sub-Recipient: The Sub-Recipient
agrees to comply with all applicable Federal regulations as they may apply to Program
administration and to cany out each activity in compliance with the laws and regulations as
described in 24 CFR 570 Subpart K, as same may be amended from time to time. Additionally,
the Sub-Recipient will comply with all State and local (City and County) laws and ordinances
hereto applicable.
In accordance with the contract between the City and the Sub-Recipient, the Sub-Recipient will
ensure and maintain evidence that activities assisted with HUD funds from the City comply with
the stated National Objective.
•
Signature of Preparing Party Signature of Authorizing Party
Name Name
Date Date
27 of 31
REIMBURSEMENT SUMMARY
Reimbursement Detail
Personnel Expenses
_ ''Employee(Name&Position) Rate Quantity Total Reimbursement
$
$
$
$
$
$ -
'Personnel Expenses Total $
Operating Expenses
Chedi# Check bete Venda Name'. Check'Amount RembursementArnourt
S -
S -
S -
S -
Operatin g,°Expenses Total
CapitalIE quipment Expenses
Cheri[# Check Da Venda Name Chedc Amount Reimbi rsenent Amourd
S -
S -
S -
S -
CapitaUEquipment Expenses Total -. $ -
Professional Services Expenses
'CheeR'# Chant Date Venda Name Check Amount Reimbursement Amount
S
S
S -
S -
S Professional Services Expenses Total $
Other Expenses
Che&# Check Dale Venda•Name'.; Ched Amount ReimtxnsementAmgw1
S -
S -
S
S
S -
Other Expenses Total; ., ;2 $ -
Page 1 of 2
28 of 31
AA I AM I BEAC H
CITY OF MIAMI BEACH
Office of Housing and Community Services
Community Development Block Grant(CDBG)Program
Sub-Recipient On-Site Monitoring Checklist
Public Services
Date of Monitoring Visit:
Sub-recipient:
Address:
Phone: Fax:
Project NamelProject Manager:
YES NO NIA Comments
m
A. National Objective and Eligibility: �• X
o
Benefit to Low-and Moderate-Income Persons(CFR 570.208) W
to
B. Conformance to the Sub-recipient Agreement C
1 Contract Scope of Work—Is the full scope of services o_
listed in the contract files? List any deviation.
2 Levels of Accomplishments-Is the project achieving the
expected levels of performance(number of persons served,
etc.)and reaching the intended client group?
Is the project accomplishing what it was designed
to do?
3 Timely Performance—Is the work being performed in a
timely manner(i.e.,meeting the schedule as shown in
the Scope of Work)?
4 Budget—Do actual expenditures match planned
expenditures?
N
co
0
-h
5 Requests for Payment—Are payment requests being
submitted in a timely manner?
Are payment requests consistent with level of work
accomplished?
Is Program Income being reported on a monthly basis?
6 Progress Reports—Have progress reports been submitted
in a timely manner?
Are progress reports complete and accurate?
7 Special Conditions-Does the project conform to any special
terms and conditions included in the agreement?
Sub-recipient:
YES NO N/A Comments
C. Record-Keeping Systems(570.506)
1 Filing System—Are file orderly,comprehensive,up-to-date,
secured for confidentiality?
2 Documentation—Does sub-recipient have established
procedures for collecting eligibility income documentation
from program participants/clients?
Do project files have necessary documentation to support _
national objective,eligibility and program costs?
3 Record Retention—Does sub-recipient have a records
retention policy and procedure?
4 Site Management—Is project manager located on-site
and running day-to-day operations?
W
O
0
W
YES NO N/A Comments
E. Insurance
1 Certificate of Insurance—Has the sub-recipient submitted
a current copy of the Certificate of Insurance with the City
named as additional insured?
F. Procurement
1 Procurement Procedures—Does sub-recipients procurement
procedures and policies meet CDBG requirements?
2 Conflict of Interest—Does the sub-recipient have a method to
to assure there is no conflict of interest,real or apparent?
G. Equipment and Real Property
1 Has the sub-recipient purchased equipment with CDBG
funds in excess or 61,000?
2 Does the sub-recipient maintain records for such
equipment purchases?
H. Non-Discrimination—Does the sub-recipient comply with
the following regulations/requirements?
1 Equal Employment Opportunity(570.506,601,8 602)
2 Section 3[570.506(g)(5)&570.607(a)]
3 Fair Housing Compliance((570.904&570.601(b)]
4 Requirements for Disabled Persons[§504(24 CFR 8.6)]
5 Women and Minority Business Enterprises[570.506(g),
85.36(e),&84.44]
W
0
—n
W
I. Conclusion and Follow-up
1 Is the sub-recipient meeting the terms of the Agreement and
HUD regulations?
2 Are corrective actions needed?
3 Is technical assistance or additional training needed?
Sub-recipient:
Additional Comments:
Site Visit Monitoring Completed by
City of Miami Beach Sub-Recipient Representative Name
Office of Housing and Community Services Staff
Signature Signature
Date Date
0)
O
--n
03
Granado, Rafael
From: Rosenfeld, Leslie
Sent: Wednesday, November 9, 2022 1:23 PM
To: Cardillo, Lilia;Granado, Rafael
Subject: Fwd:City of Miami Beach Resolution 02�2 32�310
FYI
Get Outlook for iOS
From: Chancellor of Public Schools<Chancellor.Oliva@fldoe.org>
Sent:Wednesday, November 9,2022 1:12:24 PM
To: Rosenfeld, Leslie<LeslieRosenfeld@miamibeachfl.gov>
Subject: RE:City of Miami Beach Resolution 2022-32310
[THIS MESSAGE COMES FROM AN EXTERNAL EMAIL-USE CAUTION WHEN REPLYING AND OPENING LINKS OR
ATTACHMENTS]
Good afternoon,
We are confirming receipt of the resolution that you shared.
Thank you,
The Office of the Senior Chancellor,Division of Public Schools
From: Rosenfeld, Leslie<LeslieRosenfeld@miamibeachfl.gov>
Sent: Friday, September 30, 2022 10:11 AM
To:Commissioner<commissioner@fldoe.org>
Subject:City of Miami Beach Resolution 2022-32310
Please see Resolution 2022-32310 attached for your review and consideration.
Thank you,
Leslie
1