RESOLUTION 91-20231 RESOLUTION NUMBER 91-20231
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AND
DIRECTING THE EXECUTION OF AN AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND THE MIAMI
BEACH DEVELOPMENT CORPORATION (MBDC) A NON-
PROFIT FLORIDA CORPORATION, FOR THE PURPOSE OF
FUNDING A COMMERCIAL REVITALIZATION PROGRAM,
AND SHOULD THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT DETERMINE THAT THIS CONTRACT
MAY BE RETROACTIVE TO OCTOBER 1, 1990, THE
CITY ADMINISTRATION IS AUTHORIZED TO MAKE THE
NECESSARY REVISIONS TO THIS AGREEMENT; AND THE
PROVIDER WILL RECEIVE AN ADDITIONAL AMOUNT NOT
TO EXCEED FORTY NINE THOUSAND, SIX HUNDRED AND
NINETEEN DOLLARS ($49,619) OF YEAR SIXTEEN
(16) FUNDS TO BE USED FOR THE ABOVE STATED
PURPOSE
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, THAT,
WHEREAS, the City of Miami Beach, hereinafter referred to
as the "City" , is authorized by Commission Memorandum Number 5467,
dated January 21, 1976, to prepare an Application for a Community
Development Block Grant, hereinafter referred to as "CDBG Funds"
and to design and implement such systems as are necessary to insure
that the Community Development Program is developed, conducted and
administered in accordance with Title I of the Housing and
Community Development Act of 1974 , as amended; the Urban-Rural
Recovery Act of 1983 ; and the Housing and Community Development Act
of 1987, and any Federal Regulations promulgated thereunder, as
well as applicable State and Local Authorities, and in such
capacity is authorized to enter into and execute Agreements with
other departments and agencies within the City; and
WHEREAS, the City has duly submitted the Year Sixteen
Final Statement of Objectives and Projected Use of Funds to the
U.S. Department of Housing and Urban Development which identified
$1, 894, 264 in available CDBG resources for Year Sixteen projects,
of which $1, 771, 000 are Year Sixteen entitlement funds, $109, 264 in
funds reprogrammed from prior year' s funds, and $14 , 000 in program
income available for Year Sixteen projects; and
WHEREAS, the City desires to enter into a contract with
the Miami Beach Development Corporation, hereinafter referred to as
the "Provider" , for the purpose of funding a commercial
revitalization program; and
WHEREAS, the Provider will receive a total amount not to
exceed Two Hundred and Twenty Two Thousand, Two Hundred and Sixty
Two dollars ($222 , 262) from Year Sixteen (16) CDBG funds, to be
used for the above stated purpose and an amount not to exceed One
Hundred thousand dollars ($100, 000) of Year 15 CDBG funds, to be
used only for rehabilitation/facade grants; and
WHEREAS, should the U.S. Department of Housing and Urban
Development determine that this contract may be retroactive to
October 1, 1990, the City Administration is authorized to make the
necessary revisions to this Agreement; and the Provider will
receive an additional amount not to exceed Forty Nine Thousand, Six
Hundred and Nineteen dollars ($49, 619) of Year Sixteen (16) funds
to be used for the above stated purpose; and
WHEREAS, the CDBG funds are conditional upon the approval
for release of funds from the U.S. Department of Housing and Urban
Development; and
WHEREAS, the City Manager has recommended to the City
Commission that said Agreement be entered into; and
WHEREAS, an appropriate Agreement has been prepared and
has been approved as to legal form and sufficiency by the City
Attorney, which Agreement sets forth the terms and conditions of
said project; and
WHEREAS, this contract is contingent upon a determination
by the U.S. Department of HUD, on the eligibility of the activities
contained in this Agreement; and
WHEREAS, the City Commission deems it to be in the best
interests of the City and its residents and citizens that said
Agreement be entered into;
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH FLORIDA, that: 1) the Mayor
and City Clerk are hereby authorized and directed to execute an
Agreement with the Miami Beach Development Corporation on behalf of
the City, and the disbursing officers of the City are hereby
authorized and directed to disburse the funds required by the terms
of said Agreement from CDBG funds hereafter allocated for said
purpose, and 2) should the U.S. Department of Housing and Urban
Development determine that this contract may be retroactive to
October 1, 1990, the City Administration is authorized to make the
necessary revisions to this Agreement; and the Provider will
receive an additional amount not to exceed Forty Nine Thousand, Six
Hundred and Nineteen dollars ($49, 619) of Year Sixteen (16) funds
to be used for the above stated purpose.
PASSED AND ADOPTED THIS 23rd DAY OF January, 1991 .
sr 'r
MAYOR
FORM APPROVED
ATTEST:
LEGAL DEPT,
By
Date i/i 8/9/
CITY CLERK
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OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
COMMISSION MEMORANDUM 2 NO. - e.
DATE: January 23 , 1991
TO: Mayor Alex Dao : and
Members of t• - City Commi• firl
FROM: Rob W. Par ns fido
City Manager
SUBJECT: APPROVAL OF A C.NTRACTUAL AGREEMENT WITH THE MIAMI BEACH
DEVELOPMENT CORPORATION (MBDC) , IN ORDER TO IMPLEMENT THE
YEAR SIXTEEN (16) COMMUNITY DEVELOPMENT BLOCK GRANT
COMMERCIAL REVITALIZATION PROGRAM
On July 11, 1990, the City Commission adopted Resolution #90-20037
which approved the Year Sixteen (16) Community Development "Final
Statement of Objectives and Projected Use of Funds" for the program
year which commenced on October 1, 1990, and continues through
September 30, 1991. Subsequent to City Commission approval, the
"Final Statement" was submitted and accepted by the U.S. Department
of Housing and Urban Development. In order to implement the
various projects and programs which were approved, it is necessary
to prepare and execute contractual agreements for such. Therefore,
at this time the following contractual agreement is recommended for
approval. Funds are available in Fund 136 - Year 16 CDBG program.
BACKGROUND:
Since early October, the Administration has worked closely with the
Miami Beach Development Corporation (MBDC) following Commission
directives to resolve certain problems and get the organization
back to work.
Initial efforts of staff concentrated on responding to HUD's
"monitoring findings" concerning MBDC, which led HUD to direct the
City to cease funding of the organization. The City complied by
advising MBDC of this in writing on 10/1/90. Several responses
were sent to HUD and both City and MBDC representatives met with
HUD officials in Jacksonville on 11/1/90. The City Administration
suggested to MBDC early on that we prepare contract(s) for the
Commercial Revitalization Program; however, MBDC expressed a
desire to try to develop a contract for their full program.
Upon receipt of information. from HUD that the findings made on the
MBDC Homeownership Program would not be cleared until the HUD
Central Office issued a ruling on the eligibility of this program,
(a process that would take three months or more) , MBDC began
working with staff to explore other programs that could be made
eligible in lieu of the questioned Homeownership Program.
Six (6) programs were discussed by Economic and Community
Development staff and representatives of MBDC with the officials in
the HUD Area Office. Several of MBDC' s proposed activities were
ruled out due to ineligibility, including MBDC' s proposed Ocean
Drive Assistance Program.
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AGENDA p E •
ITEM
DATE
COMMISSION MEMO
PAGE 3
MBDC is now under extensive review and monitoring by HUD. The
types of programs which MBDC has been very good at, such as
marketing and promotion, are NOT ELIGIBLE for CDBG funding. The
organization must therefore seek other sources of funds to continue
these activities. The administration will continue to work with
MBDC to seek out other funding sources including the formation of
an assessment for marketing and promotions in areas like Ocean
Drive.
ADMINISTRATION RECOMMENDATION:
To authorize the execution of a contractual agreement with MBDC,
contingent upon the approval of the U.S. Department of HUD, to
implement the Year Sixteen (16) CDBG Commercial Revitalization
Program which contains two (2) components, which was approved on
July 11, 1990, via Resolution #90-20037.
RWP:HM:sg
COMMISSION MEMO
PAGE 2
It became very clear to City staff and MBDC, that HUD was going to
strenuously scrutinize any submittal by MBDC. Accurate timekeeping
and a test of "reasonable and customary costs" for service delivery
were stressed by HUD. This basically means that you should not
spend $2 to deliver $1 worth of service. Even the Commercial
Revitalization Program will be evaluated under this criterion.
As contract discussions were underway, HUD advised us that
contracts must be made effective on the date they are approved by
City Commission, i.e. contracts can not be made retroactive. This
has furthered the financial impact on the organization, and has led
the administration to take two (2) actions: first, an appeal of
HUD's ruling to their legal staff, and second, a strong
encouragement to MBDC to provide the detailed breakdown of staff
costs necessary to execute a contract for the Commercial
Revitalization Program which was already approved by City
Commission (7/11/90) , and submitted to HUD as part of the Year 16
CDBG Final Statement.
ANALYSIS:
MBDC was authorized by the City Commission to receive a total of
$477, 000 this fiscal year (Year 16) , pursuant to Resolution No. 90-
20037 adopted on July 11, 1990, as follows:
Commercial Revitalization Program $289,799
Homeownership Program $137, 201
Lincoln Road Program $ 50, 000
Total $477 , 000
The Homeownership allocation @ $137, 201 is still under question by
HUD and the City is prohibited from contracting this amount with
MBDC. The Lincoln Road allocation @ $50, 000 is for hard costs, for
the design of an as yet unspecified capital improvement project.
CONTRACT AMOUNT/TIME FRAME:
As indicated previously, it is proposed that a contract be entered
into with MBDC to provide for Commercial Revitalization and Loan
Program services for a time period of approximately 8 1/3 months,
i.e. the balance of this fiscal year. For Year 16, in addition to
soft costs @ $55, 478, the program includes $100, 000 to be
distributed as the City's share for facade grants in designated
CDBG target areas. Also, since MBDC has several pending facade
grants which were committed but not funded in the last Fiscal Year,
an additional $100, 000 from the previous year (Year 15) is proposed
to be re-programmed into this Commercial Revitalization contract.
The total contract amount proposed for the 8 1/3 month period is
$322 , 262 as follows: Scope A - Commercial Property Rehabilitation
Grant Program @ $255, 478 which includes $100, 000 of Year 15 funds
to be used only for rehabilitation/facade grants, and Scope B - New
and. Expandinc Business Loan Program @ $66, 784 . Should HUD rule
that this program is eligible for retroactive payment, the contract
amount could not exceed $271,881 of Year 16 funds, as well as the
$100, 000 of Year 15 funds to be used for only rehabilitation/facade
grants (Actual total will not exceed $371, 881) .
This is a substantial funding of the organization, and still leaves
$254 , 738 as unprogrammed and unspent funds, or $205, 119 should HUD
determine that a retroactive contract is permissible.
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AGREEMENT
This Agreement is entered into this 23rd day of January, 1991, by
and between the City of Miami Beach, a Florida municipal
corporation, having its principal office at 1700 Convention Center
Drive, Miami Beach, Florida, hereinafter referred to as the "City",
and the Miami Beach Development Corporation, hereinafter referred
to as the "Provider. "
WITNESSETH:
WHEREAS, the City has entered into an agreement with the U.S.
Department of Housing and Urban Development for the purpose of
conducting a Housing and Community Development Program with federal
financial assistance under Title I of the Housing and Community
Development Act of 1974, as amended; the Urban-Rural Recovery Act
of 1983 ; and the Housing and Community Development Act of 1987,
hereinafter called "Act" ; and
WHEREAS, the C:Lty has determined through its Year Sixteen
Final Statement of Objectives and Projected Use of Funds, which was
adopted by City of Miami Beach Resolution Number 90-20037, July 11,
1990, the necessity for funding a Commercial Revitalization
Program; and
WHEREAS, the City desires to engage the Provider to render
certain services in connection therewith:
NOW, THEREFORE, the parties hereto agree as follows:
SECTION 1: SCOPE OF SERVICES
A. The Provider agrees to implement the Year 16 Commercial
Revitalization Program in accordance with the projected
accomplishments and budgets for the two program components
attached and made a fully binding part of this Agreement, as
Appendix 1.
Beach neighborhood. A guaranty loan may provide up
to $50, 000 without the requirement of a match. A
direct loan may provide up to $300, 000 which must
be matched by a financial institution. The Provider
is to promote the availability of the loan funds,
package the loan application and administer the
loan portfolio.
b. Provider is to secure the approval of $300, 000 in
State Loans, with a resulting increase in 30 new
permanent jobs, but not less than one new permanent
job for every $10, 000 of loan funds. For each loan
provided, 75% of the jobs created and/or retained
will benefit low and moderate income persons,
and/or the provider will ensure that each business
serves a low/moderate income area.
SECTION II: CONDITION OF SERVICE
The Provider hereby agrees to the following:
A. The Program shall serve eligible low and moderate income
persons living primarily within Miami Beach, but principally
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in those areas containing a high concentration of such
persons.
B. The Provider shall maintain in its file the documentation on
which basis it determines that the project benefits low and
moderate income persons, minorities and residents of Miami
Beach. Such records shall include, but not be limited to, the
following:
1. Profiles identifying financial classification, head of
household, ethnicity, race and gender, or area benefit
data, as required.
2 . An outreach plan which insures equitable participation
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all eligible Miami Beach residents, and delineates steps
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taken to solicit increased participation of minority
groups.
C. The Provider shall maintain a citizen participation mechanism,
which will include, but not be limited to the following:
1. Logging citizen comments or complaints when received.
2 . Copies of comments and/or complaints received in writing.
3 . Copies of responses to complaints and/or explanations of
resolutions to complaints.
D. The Provider shall comply with the following attachments to
the Office of Management and Budget (OMB) Circular No. A-110,
"Uniform Administrative Requirements for Grants and Agreements
with Institutions of Higher Education, Hospitals and Other
Non-Profit Organizations" , incorporated by reference into this
Agreement.
1. Attachment A, "Cash Depositories" , except for paragraph
4 concerning deposit insurance.
2 . Attachment E, "Bonding and Insurance" .
3 . Attachment C, "Retention and Custodial Requirements for
Records" , except that in lieu of the provisions in
paragraph 4, the retention period for records pertaining
to individual CDBG activities starts from the date of
submission of the annual performance and evaluation
report, as prescribed in 570. 507 , in which the specific
activity is reported on for the final time.
4 . Attachment F, "Standards for Financial Management
Systems" .
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5. Attachment H, "Monitoring and Reporting Program
Performance", paragraph 2 .
6. Attachment N, "Monitoring Management Standards" , except
for paragraph 3 concerning the standards for real
property and except that paragraphs 6 and 7 are modified
so that in all cases in which personal property is sold,
the proceeds shall be "program income" and that personal
property 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.
7 . Attachment 0, "Procurement Standards" .
E. The Provider shall comply with the requirements and standards
of the Office of Management and Budget (OMB) Circular No. A-
122 , "Cost Principles for Non-Profit Organizations" , or OMB
Circular No. A-21 "Cost Principles for Educational
Institutions" , as applicable, incorporated by reference into
this Agreement.
F. The Provider shall abide by those provisions of 24 CFR Part
570 Subpart J, when applicable, incorporated by reference into
this Agreement.
G. No expenditures or obligations shall be incurred for the
program prior to the date of this Agreement. Further, it is
expressly understood that in the event no funds are released
from the U.S. Department of Housing and Urban Development in
connection with this Program, then the City is not liable for
any claims under this contract.
H. The Provider shall certify, pursuant to Section 109 of the
Act, that no person shall be denied the benefits of the
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program on the ground of race, color, national origin or sex.
I. The Provider agrees that to the extent that it staffs the
Program with personnel not presently employed by said party,
it will take affirmative action in attempting to employ low
income persons residing in the City of Miami Beach,
particularly minority group members.
J. The Provider shall comply with the provisions of 24 CFR
570. 504 (c) , "Program Income" , gross income directly generated
from the use of CDBG funds. In those instances where the City
allows the sub-recipient to retain program income, these funds
shall be expended for CDBG eligible activities, previously
approved by the City in accordance with the projected
accomplishments and budget descriptions attached to this
Agreement.
K. The Provider shall adhere to the applicable requirements
contained in the "Acknowledgement of Economic Development
Activities" , attached hereto and made a part hereof as
Appendix 2, if applicable.
L. The Provider shall comply with First Amendment Church/State
principles, as follows:
1. 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.
2 . 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.
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3 . It will provide no religious instruction or counseling,
conduct no religious worship or services, engage in no
religious proselytizing, and exert no other religious
influence in the provision of such public services.
4 . The portion of a facility used to provide public services
assisted in whole or in part under this Agreement shall
contain no sectarian or religious symbols or decorations.
5. The funds received under this Agreement shall not be used
to construct, rehabilitate, or restore any facility which
is owned by the Provider and in which the public services
are to be provided. However, minor repairs may be made
if such repairs are directly related to the public
services; are located in a structure used exclusively for
non-religious purposes; and constitute, in dollar terms,
only a minor portion of the CDBG expenditure for the
public services.
M. The Provider shall transfer to the City upon expiration of
this Agreement, any CDBG funds on hand at the time of
expiration and any accounts receivable attributable to the use
of CDBG funds. The following restrictions and limitations
apply to any real property under the Provider's control which
was acquired or improved in whole or in part with CDBG funds
in excess of $25, 000:
1. Any real property under the "Provider's control must be
used to meet one of the National Objectives in the CDBG
Regulations, Part 570. 208 until five years or such longer
period of time as determined appropriate by the City
after expiration of the Agreement.
2 . If the real property is sold within the period of time
specified above, the property must be disposed of in a
manner which results in the City being reimbursed in the
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amount of the current fair market value of the property,
less any portion thereof attributable to expenditures on
non-CDBG funds for acquisition of, or improvement to, the
property. Such reimbursement is required.
N. The Provider agrees that when sponsoring a project financed in
whole or in part under this Agreement, all notices,
informational pamphlets, press releases, advertisements,
descriptions of the sponsorship of the project, research
reports, and similar public notices prepared and released by
the Provider 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 DEPARTMENT
OF ECONOMIC AND COMMUNITY DEVELOPMENT" shall appear in the
same size letters or type as the name of the Provider.
O. The Provider shall ensure the following when entering into a
sub-contract agreement:
1. The full correct legal name of the party shall be
identified.
2 . The "Scope of Services" shall describe the activities to
be performed.
3 . The amount of the sub-contract agreement, price
components, method of payment, and funding sources shall
be detailed.
4 . A provision requiring compliance with all regulatory
requirements of this Agreement shall be incorporated.
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5. Written approval from the City shall be received prior to
any expenditures being incurred under the sub-contract
agreement. Failure to obtain prior approval will release
the City of any obligation to reimburse the Provider for
any costs incurred.
P. The Provider shall maintain sufficient records in accordance
with 24 CFR 570. 502 and 570. 506 to determine compliance with
the requirements of this Agreement, the Community Development
Block Grant Program and all applicable laws and regulations.
This documentation shall include, but not be limited to, the
following:
1. 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.
2 . Time sheets for split-funded employees, which work on
more than one activity, in order to record the CDBG
activity delivery cost by project and the non-CDBG
related charges.
3 . How the Statutory National Objective(s) 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, income certifications, written agreements
with beneficiaries, where applicable.
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Q. The Provider 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 three (3) years after expiration of this Agreement,
with the following exception: if any litigation, claim or
audit is started before the expiration date of the three 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 close-out of this
Agreement, of the address where the records are to be kept.
SECTION III: TERM OF AGREEMENT
This Agreement shall be deemed effective upon approval and release
of funds by the U.S. Department of Housing and Urban Development
and being duly executed by both parties, whichever is later, and
shall continue through September 30, 1991.
SECTION IV: TERMINATION
The City and the Provider agree:
A. This Agreement may be terminated by either party hereto by
written notice to the other party of such intent to terminate
at least thirty (30) days prior to the effective date of such
termination.
B. This Agreement may be terminated in whole or in part, for
convenience, when both parties agree upon the termination
conditions. A written notification shall be required and
shall include the following: reason for the termination, the
effective date, and in the case of a partial termination, the
actual portion to be terminated. However, if, in the case of
a partial termination, the City determines that the remaining
portion of the Agreement will not accomplish the purposes of
such Agreement, the City may terminate such in its entirety.
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C. The City may place the Provider in default of this Agreement,
and may suspend or terminate this Agreement in whole, or in
part, for cause.
1. Cause shall include, but not limited to, the following:
a. Failure to comply and/or perform in accordance with
this Agreement, or any federal statute or
regulation.
b. Submitting reports to the City which are late,
incorrect or incomplete in any material respect.
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 of the sub-
recipient, and applicable HUD rules and
regulations.
2 . The City shall notify the Provider in writing when the
Provider has been placed in default. Such notification
shall include actions taken by the City, such as
withholding of payments, actions to be taken by the
Provider as a condition precedent to clearing the
deficiency and a reasonable date for compliance, which
shall be no more than fifteen (15) days from notification
date.
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3 . The City shall notify the Provider in writing when
sufficient cause is found for termination of this
Agreement. The Provider shall be given no more than
fifteen (15) days in which to reply in writing, appealing
the termination prior to final action being taken by the
City.
D. Let it be further understood that upon curtailment of, or
regulatory constraints placed on, the funds by the U.S.
Department of Housing and Urban Development, this Agreement
will terminate effective as of the time that it is determined
such funds are no longer available.
E. Costs of the Provider resulting from obligations incurred
during a suspension or after termination, are not allowable
unless the City expressly authorizes them in the notice of
suspension or termination or subsequently. Other costs during
suspension or after termination which are necessary and not
reasonably avoidable are allowable if:
1. The costs result from obligations which were properly
incurred before the effective date of suspension or
termination, are not in anticipation of it, and in the
case of termination, are noncancelable, and
2 . The costs would be allowable if the award were not
suspended or expired normally at the end of the Agreement
in which the termination takes effect.
F. Upon termination of the Agreement, the Provider and the City
shall meet to discuss the City' s determination if any amounts
are to be repaid to the City or if additional amounts are due
the Provider.
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SECTION V: AMENDMENTS
Any alterations, variations, modifications or waivers of this
Agreement shall only be valid when they have been reduced to
writing and duly signed by both parties. Any changes which do not
substantially change the scope of the project and/or the Project
Implementation Schedule or increase the total amount payable under
this Agreement, shall be valid only when reduced to writing and
signed by the City Administration and the Provider.
The City shall not reimburse the Provider for outlays in excess of
the funded amount of the Agreement unless and until the City
officially, in writing, approves such expenditure by executing a
written modification to the original Agreement.
SECTION VI: METHOD OF PAYMENT
(A) It is expressly understood and agreed that the total
compensation to be paid hereunder for actual expenditures
incurred shall not exceed Three Hundred Twenty Two thousand,
Two Hundred and Sixty Two dollars ($322, 262) as follows:
1) Commercial Property Rehabilitation Grant Program @
$255, 478 of which $155,478 comes from Year Sixteen (16)
funds and $100, 000 comes from Year Fifteen (15) funds;
with $200, 000 to be used only for rehabilitation/facade
grants.
2) New and Expanding Business Loan Program @ $66,784 of Year
16 funds.
B) Such funds must be expended during the term of the Agreement,
and any remaining balance of funds shall revert to the City.
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Such compensation shall be paid in accordance with the
projected accomplishments and budget descriptions attached
hereto and made a part hereof as Appendix 1.
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1) The Provider shall submit monthly requests for payment
for actual expenditures, including applicable back-up
documentaion, no later than the last day of the
succeeding month and the City will provide reimbursement,
upon approval, within ten (10) working days after receipt
of the same, if submitted by the deadline date for
inclusion on the drawdown request.
2) The City agrees to pay the Provider for expenditures
incurred under this Agreement on a monthly basis in
accordance with the Budget and Project Implementation
Schedule attached hereto and made a part hereof as
Appendix 1. Line item transfers are allowable only with
prior written approval of the City.
SECTION VII: CONFLICT OF INTEREST
The Provider covenants that no person, under its employ who
presently exercises any functions or responsibilities in connection
with Community Development funded activities, has any personal
financial interests, direct or indirect, in this Agreement. The
Provider covenants that in the performance of this Agreement, no
person having such conflicting interest shall be employed. The
Provider covenants that it will comply with all provisions of 24
CFR 570. 611 "Conflict of Interest" , and the State Statutes
governing conflicts of interest. The Provider 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 VIII: INDEMNIFICATION
The Provider, through an insurance carrier, shall indemnify and
hold harmless the City from any and all claims, liability, losses
and causes of action which may arise out of the Agreement. The
Provider, through its insurance carrier, shall pay all claims and
losses of any nature whatsoever in connection therewith and shall
defend all suits in the name of the City, when applicable, and
shall pay all costs and judgements which may issue thereon.
The Provider, through an insurance carrier, shall provide a General
Liability Policy with coverage for Bodily Injury and Property
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Damage, in the amount of $500, 000 single limit; and the City of
Miami Beach shall be named as an additional insured followed by the
statement: ”This coverage is primary to all other coverage carried
by the City covering this specific agreement only." The Provider
shall hold proof of Workers' Compensation Coverage as per statutory
limits of the State of Florida.
Automobile and vehicle coverage shall be required when the use of
automobiles and other vehicles are involved in any way in the
performance of the Agreement.
The Provider shall submit to the City an ORIGINAL Certificate of
Insurance.
All insurance coverage shall be approved by the City' s Insurance
Manager prior to the release of any funds under this Agreement.
Further, in the event evidence of such insurance is not forwarded
to the Insurance Manager within thirty (30) days after the
execution of this Agreement, this Agreement shall become null and
void and the City shall have no obligation under the terms thereof
unless a written extension of this thirty (30) day requirement is
secured from the Insurance Manager.
16
SECTION IX: REPORTING AND EVALUATION REQUIREMENTS
Maintaining credibility for the community development effort rests
heavily on the ability to produce an impact in low/moderate income
areas, through progress in accomplishing scheduled activities. An
effective method for maintaining project progress against a
previously established schedule is through project evaluation and
reporting, which will consist of both written reports and staff
discussions on a regular basis including quarterly meetings with
all parties of interest attending for the purpose of insuring
effective contract execution. The Provider also assures prompt and
efficient submission of the following:
A. Monthly Reports are due no later than the tenth (10th) day of
the succeeding month and shall include the request for payment
when applicable. Contents of the Monthly Report, attached
hereto and made a part hereof as Appendix 3 , shall include but
not necessarily be limited to the following:
1. The Narrative Report Form.
2 . The Financial Summary Form, which shall include the
request for payment and documentation, as applicable.
3 . The Client Profile Form.
4 . Time sheets for split-funded employees, in accordance
with Section II, Paragraph P. 2 of this Agreement.
B. Final Evaluation. Within twenty (20) days of contract
completion, a final report documenting how the Statutory
National Objective and the eligibility requirements were met,
must be submitted by the Provider to the City's Community
Development Division for review and approval. The contents of
same shall include a cumulative total of the data submitted
during the program's operation. Further, such report shall
include statistical findings which depict program efficiency;
i.e. , the number of dollars spent, including non-CDBG funding
17
sources, to render actual service to program recipients, and
an overall evaluation of the program's effectiveness, and
quantitative results. The final report will be evaluated and
the Provider will be notified if additional data is necessary
or that the project/activity is considered "closed-out" .
Other Reporting Requirements may be required by the City in the
event of program changes, need for additional information or
documentation and/or legislation amendments. The Provider shall be
informed, in writing, if any changes become necessary.
Reports and/or requested documentation not received by the due
date, shall be considered delinquent, and may be considered by the
City as sufficient cause to suspend CDBG payments to the Provider.
SECTION X: AUDIT AND INSPECTIONS
At any time during normal business hours and as often as City
and/or Federal Government representatives may deem necessary, there
shall be made available to representatives of the City and/or the
Federal Government to review, inspect or audit all records,
documentation, and any other data relating to all matters covered
by the Agreement.
An annual organization audit shall be submitted to the City 120
days after the end of the Provider's fiscal year. The audit shall
be performed in accordance with OMB Circular A-110 Attachment F,
OMB Circular A-133 or OMB Circular A-128 , as applicable. 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 close-out.
18
SECTION XI: COMPLIANCE WITH LOCAL, STATE & FEDERAL REGULATIONS
The Provider agrees to comply with all applicable federal
regulations as they may apply to program administration.
Additionally, the Provider will comply with all state and local
laws and ordinances hereto applicable.
SECTION XII: SPECIAL CONDITIONS FOR FUNDING
The City, as it proposed in its October 26, 1990 letter to the U.
S. Department of HUD, will apply the following special conditions,
before the release of any funds under this Agreement:
A) The Provider will be the subject of "intensive monitoring" by
both Dade County and the City. This monitoring will include:
1. A revised and more comprehensive timekeeping system to
better account for staff time towards funded activities.
2 . Authorization and pre-approval by the City in writing for
all CDBG funded programs and any changes in scope.
B) Payments will be made only on a strict reimbursement basis,
upon provision and review of adequate documentation.
C) The City and the Provider shall identify categories of program
services (both CDBG eligible and non-CDBG eligible) and a
system of allocation that will assure reliable cost
measurements and reasonable and customary service delivery
costs for each program.
D) The Provider will be on a six (6) month probationary period
from the effective date of this agreement, at the end of
which, the performance of each program element will be
evaluated by the City Administration to determine compliance
19
with this Agreement.
E) The City and MBDC' s staff will initiate information and
orientation sessions, and materials for MBDC Board members to
familiarize them with Federal Regulations relative to
conflicts of interest.
F) The City will provide additional technical assistance to MBDC
staff.
SECTION XIII: ADDITIONAL CONDITIONS AND COMPENSATION
It is expressly understood and agreed by the parties hereto that
monies contemplated by this Agreement to be used for the
compensation, originated from grants of federal Community
Development Block Grant funds, and must be implemented in full
compliance with all of HUD' s rules and regulations.
It is expressly understood and agreed that in the event of
curtailment or non-production of said federal grant funds, that the
financial sources necessary to continue topay a the Provider
compensation will not be available and that this Agreement will
thereby terminate effective as of the time that it is determined
that said funds are no longer available.
In the event of such determination, the Provider agrees that it
will not look to, nor seek to hold liable, the City or any
individual member of the City Commission thereofersonall for the
y
performance of this Agreement and all of the parties hereto shall
be released from further liability each to the other under the
terms of this Agreement.
20
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed by their duly authorized officials on the day and
date first above indicated.
ATTEST: THE CITY OF MIAMI BEACH, FLORIDA
12(
r)‘'
/YA wyc,0,/t
CITY CLERK / r VICE -MAYOR
3%� J
WITNESSES:
g *ttct
MIAMI BEACH DEVELOPMENT CORP.
(MBDC)
,/°' THORIZED SIGNATOR
FORM APPROVED
LEGAL DEPT.
27J
Date (,� 7/9/
21
APPENDIX 1
69% BUDGET
Commercial Revitalization Program
Project Operator Miami
Beach Development
Corporation FundingYear 9 90/91 Date Submitted
Category' . ...
i Number Category Breakdown ci Funds Other Funds Other Fu1
nding Sources Total Funds
1
s 1 a ares : :ene i s
_ 33, 162 27, 386• Metro-Dade Facade Grant 6
OfSu an s : 0, 54 8
• I
2 C`,nntract So^ C� 5, 018
2, 000 Metro-Dade Facade
Grant 7, 018
Space Rental
I .....
; 3
6, 631
q uipmenflease 6,631
, 4 or Purchase
•
921
rave 5y
921
737
• er • era In 737
p g
6 Expenses
9, 009 . '1, 290 Metro-Dade Facade Grant 10 299
• ,
Materials
, 7
,8 Rehabilitation Yr 15
100 ,000
Y� 16 100 , 000
42 , 857 Metro-Dade Facade
Grant 142857aFi eaProperty
9 Acquisition
:.:.::,:.:.::.:...,.:.::....:.:.:.:.:.....:7.......--.--TotalCDFunds:Yr 1,,i.:,i.i!:,.i:..w....:::.;:::::3:: :::.!..,:, . . •: --:-.7-77:-.7tr.7-7,
, 0.W.ii:i::::;?:i.i.:::i;i::::;:::1;i:.;::::!::.
...
r
a
Total
1
5
4
8
.:;:::::i.:.::.:-.::.::.:.;::: :i.:.::;ni. :::::::i:: :.:.*:.i::i:..:. :::.:.::::;.:: :..:i:..::;..,:::::::::;.::::::.:.c::::':• ;.:...:•••:.i.:.::.::::.:. .:::.:.::: : ::I i..::...":":.. :::::::.'..::::.:.:::-.:.:::'..:::;.:i',1:::.i:e:.:-.;.::::.E.::,.:.
.
li..i.:g0,:i...::::&n: 2
5
5 � .
7
I
1
.• OtherFuns •7353•
;:i.::.;..:::...:::,. ... : ' .. .......:::...:.:;.....• • '.: -: • •• • ...••-•:•:,:::N:{.S:
•. Grand Tr.--'. •• ',
MIAMI BEACH DEVELOPMENT CORPORATION
COMMERCIAL REVITALIZATION BUDGET
1-23-91 TO 9-30-91
TOTAL CHB METRO-DADE
COMMERCIAL COMMERCIAL COMMERCIAL RESULTING
REVITALZN REVITALZN REVITALZN TOTAL
INCOME ( 178.396)
Non-Prorat ate 1 e Expenses ( 105,017)
Pro-Rated CKB Grant Incoue ( 155,477 ) ( 155, 477 ) 0 ( 155,477)
Other Progra■ I nco*e
Florida CDC Prograe 0 0 0
0
Metro CDBG-Cos Rev (73,533) 0 (73, 533) (73,533)
Loss For Fiscal Year 0 0 0 0
Other Grant I ncoue 0 0 0 0
TOTAL PROGRAM INCOME (229,011 ) ( 155, 477) (73,533) (229.011 )
EXPENDITURES
SALARIES
Executive Director 8,390 8,390 0 8,390
Development Coord. 0 0 0 0
Dev e l opuent Specialist 0 0 0
0
Coauerc i a l Rev Specialist 4,951 4,951 0 4,951
Coauercia_1 Rev Director 24,756 686 24,070 24,756
Secretary 2,407 2,407 0 2,407
Office Manager 3,507 3,507 0 3,507
Data Proc./Research Asst . 3, 105 3, 105 0 3, 105
Other Payroll 2,751 2,751 0 2,751
Salary Increases 1,977 1,977 0 1,977
TOTAL SALARIES 51,844 27,774 24,070 51,844
Fringe Benefits
Federal Payroll Tax 3,966 2, 125 1,841 3,966
Uneap loyaent Tax 147 94 53 147
Workuens Cospensat ion 327 12 315 327
Health Insurance 2,579 1,472 1, 107 2,579
Other Fringe Benefits 1,685 1,685 0 1,685
Total Fringe Benefits 8,705 5,388 3,316 8 705
•
Total Personnel Costs 60,548 33, 162 27,386 60,548
Contract Costs
Audit 4,018 2,018 2,000 4,018
, 18
Consultants/Legal 3,000 3,000 0 3,000
arket/Iuproveuent Plan 0 0 0 0
Total Contract Costs 7,018 5,018 2,000 7,018
Travel & Transportation
Travel Se*i nays & Confer en 0 0 0 0
Local Transportation 737 737 0 737
Total Travel & Trans. . 737 737 0 737
Space Rental
Office Space Rental 6,631 6,631 0 6,631
Total Rental Expense 6,631 6,631 0 6,631
.
Occupancy Costs
Utilities 737 737 0 737
Janitorial Suppls & Water 111 111 0 111
Office Equipment 921 921 0 921
Repairs & Maintenance 414 414 0 414
Total Occupancy Costs 2, 183 2, 183 0 2, 183
Office Expense
Office Supply4, 247 2,957 1 , 290 4, 247
Postage & Delivery 737 737 0 737
Communications 1, 105 1, 105 0 1105
r
Telephone 1, 289 1,289 0 1 , 289
Insurance 1,658 1,658 0 1 ,658
Interest 0 0 0 0
Personnel Advertising 0 0 0 0
KODC Meeting Costs 0 0 0 0
Total Office Expense 9,037 7,746 1, 290 9,037
Indirect Costs
Membership & Dues 0 0 0 0
Publications & Subs cr i pt i o 0 0 0 0
Total Indirect Costs 0 0 0 0
TOTAL OPERATING COSTS 86, 154 55,478 30,676 86153. 94
Other Costs
Rehabilitation Costs 142,857 100,000 42,857 142,857
State Loans 0 0 0 0
Total Other Costs 142,857 100,000 42,857 142,857
Total Costs 229,011 155, 478 73, 533 229,011
, I1
i
0
•
TOTAL CHB METRO-OADE
COMMERCIAL COMMERCIAL COMMERCIAL RESULTING
REVITALZN REVITALZN REVITALZN TOTAL
1 Executive Director 8,390 8,390 0
8,390
1 Development Coord. 0 0 0 0
1 Development Specialist 0 0 0 0
1 Commercial Rev Specialist 4,951 4,951 0 4,951
1 Commercial Rev Director 24, 756 686 24,070 24, 756
1 Secretary 2.407
2.407 2,407 0 2, 407
1 Office Manager 3, 507 3.507 0 3,507
1 Data Proc. /Research Asst . 3, 105 3, 105 0 3, 105
Other Payroll 2, 751 2, 751 0 2, 751
1 Salary Increases 1,977 1,977 0 1,977
Federal Payroll Tax 3,966 2, 125 1 ,841 3,966
1 Unemployment Tax 147 94 53 147
1 Workeens Compensation 327 12 315 327
1 Health Insurance 2,579 1,472 1 , 107 2 579
1 Other Fringe Benefits 1,685 1,685 0 1,685
Total Personnel Costs 60,548 33, 162 27,386 60,548
2 Audit 4,018 2,018 2,000 4,018
2 Consultants/Legal 3,000 3,000 0 3,000
2 Market/Improvement Plan 0 0 0 0
Total Consult.& Contract Sery 7,018 5,018 2,000 7.018
3 Office Space Rental 6,631 6,631 0 6,631
.6 1
4 Office Equipment 921 921 0 921
5 Travel Seminars & Conferences 0 0 0
0
5 Local Transportation 737 737 0
737
Total Travel & Trans. 737 737 0
737
6 Utilities 737 737 0
737
6 Janitorial Suppls & Water 111 111 0
111
6 Repairs & Maintenance 414 414 0 414
6 Office Supply 4, 247 2,957 1 , 290
4, 247
6 Postage & Delivery 737 737 0
737
6 Communications 1, 106 1, 106 0
1, 106
6 Telephone 1,289 1,289 0
1,289
6 Insurance 1,658 1,658 0
1,658
6 Interest 0 0 0
0
6 Personnel --- Advertising 0 0
0 0
6 MBDC Meeting Costs 0 0 0
0
6 Menbersh 1p & Dues 0 0
0 0
6 Publications & Subscriptions 0 0 0
0
Total Other Operating Exp„ 10,299 9,009 1.290
10,299
8 Rehabilitation Costs 142,857 100,000 42,8S7
142,857
8 State Loans 0 0 0
0
Total Costs 229,011 155,478 ; 73 533
229,011
.
CITY OF MIAMI BEACH CDBG PROGRAM
MIAMI BEACH DEVELOPMENT CORPORATION
1990/91 Grant Contract Agreement
PROGRAM IMPLEMENTATION SCHEDULE
COMMERCIAL PROPERTY REHABILITATION GRANT PROGRAM [ 570 . 202 ( 3 ) ]
OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG
FOR PROJECTS CONTINUING FROM YEAR 15 --
Assist merchant/property owner with pre-construction approvals
XXXXXXX
Assist in design review approvals by MBDC/City/County Committee
XXXX
Provide pre development technical assistance as required
XXXXXXX
Coordinate pre construction conference, as required
XXXXXXX
Monitor Construction Activity
XX
Assure grantee compliance with grant requirements
x:XX.Xx:xx
FOR NEW PROJECTS OF YEAR 16 --
Publicize the availability of Year 16 Grant Funds
•
Assist merchant/property owner with pre-construction approvals
Assist in design review approvals by MBDC/City/County Committee
Provide pre development technical assistance as required
•
Coordinate pre construction conference, as required
XX
Monitor Construction Activity
XXXXXX XXXXXXX
Assure grantee compliance with grant requirements
XXXX
69% BUDGET SUMMARY SHEET
State Loan Program
Project Operator Miami Beach Development Corporation Funding Year 90/91 Date Submitted
;
. .
CiRecjory
Number Category Breakdown Co Funds Other Funds Other Funding Sources Total Funds
_
Salaries & Benefits
44 , 936 I
i -
44 , 936
1;56sultanfiTet
2 Contract Services 7, 995
7, 995
... . ._
'Space Rental -
4 , 942 ,
4 , 942
Equipment Lease -
4 or Purchase
686
686
- 4 , •._._
5 1 ravel
549
549
. . . ,
Other Operating
6 Expenses 7, 676 .
7, 676
7 `Materials
I ...
,
-
8 Rehabilitation
300, 000 State of Florida 300 , 000
_
-
'Real Properly
9 Acquisition
_ •
„..............„."„...
,.,,:i:::i;,.,...::::: :.:.,..:::..:,77771' : i ____ , _ .,. ,...........:•• •• ...... . ,.,.. .. ...,......,,,,,...i.,::::.::.:::.,..:.,77. ....:.-. .. .,..":
•:•,'...:.'s.::::::;g:.:.;.:::::::Aiii.:::: :::::.ii.::::. ?: .:..:-..i: .::a:.!:;: .'.:::ki:.:;.::::::A'..!::Nii.,::.::i:::.!:::.:.'::•:::::::.e.,.:::.•iii.:N:,.,.:::..:::..::: ,;:.i..::::: .: .i.. ::::i:,...:•..::.....::::::: .;. :..:.: .:.i,..,:::i,.:::,„;:i.:.....is
.,.:.;.::•:,..!.:,..::.:•:;.1.:c:•ii:::E::i*:::::::.!::::::.:!::r.:: Total CD Funds: 66 , 784 -.:•:•:: ::::.i::i.iii::: ::::•.:.i;ii::i::.:,i.':i.:•:::::.i.::::i;i:::. ::. .:;7::,i,iMi:i:::1:: :: : :M;i;.:.,i:,.:,,.:.:i.i:.:.:..:ii:.m.:;.::::::::::.::i:i:::?•::::.::::::•:•.:: .• . ::•• ::::::: : .:::.....:::i?:::;: .:: :...:iii .j.!•::..i.:ii.i::.::•::a.,:l
:•::::::::::::::::::::;:::::::::::::::::•:,::.::i,::.::::::::.,:.:::•,.::::• .:.:::.,....::..::::::::::::::::::::.:.:::.:::.::•::::.:::-::::::::•:.::::...:::.:....:::•.:-.:.•..::::•:.••:....::• .:..•• ...••••. :•.:.....:::::.•..:...:-...:•.•:::•::• ••::;:;:::;i:::.,:::.:::•:.1
.::.:i;:::::;:::::::k:::::.:::: :.i:::::..,: •:
.•:•:•:•:•:•:•:•:•:•,•:•:•:•::•::.::::.:.:.:.:•••:.:•:•:.:•:.:•:.:•:...:. .•:.:.::.:.:...:.::...:.:.,.:.:....::... :::.:::::,...:.:.....::.:.....,.:.:.'':::: •. - ••••• ••• ••• • • •
• . .' ..*......:.. .. .... . •. •.. ........ . ... . 6 --7-7--...----7-7----...777
• ..•..•....•...: ..• •
i::;;;::::.1:::',;:i;:::: i.,:., i.:;•• :.:.:.:i ....i..;.......:-: : ..„..:::4::....,..... .....„...:.•.:.•:..• .••. . •... .
..:.:.•. 7:.:..
•.!•:. :•"•'•: <•
:*•''.::: : :.i.:.:::.:.'7.'i.:.:•' Other Funds: ..i.:: :.,...:::::...... ..., ..::::. .. ..:. 300, 000 -.•::..i.:•i:...,:...•::.;. .: •.:..•, ....:.:,•:-. ..t..,.....4....1:.
• • ..,• ,;,:....z.:::::..:::.:.::.
• ''..:•.''. .!‘:.:•:::)::Ci•:::;:.:i..::•'.:.i:.:: :. .:......:::,:.:•.,,--::,.:,:.:.:•,..::,..
• ••• • •. • • •
.•• • . . . ........ . .
• . •. ... ... . .•. ..•• . . .. .:::.:.....„.:•••:,:::::::•:.• .. .•....•. :. • ••
•:• .•••„•••• .. •.
:•::,,,i.,.:::::,c.:
. ._ ....
1 4 **.4114.4444111444444.4 ...................... ...a. A.—.
.,..s.i...a. A.‘,......._..................,...p....p.•...4p...........
........................
—-----....
:':':';':ii;;::.,::H:•:-..::•::::i,:...i,:•:i.:.:::,... ::::•::.;::::.::.•:.:.:.:.::::::!:'•::*:..'•'";:::'::.,.•
11,A '7 Q A
i' . '•::::.::.:::::i::::::::•;:::::•::•:•::::::::::::::•:•..•:•:. :::.:•:.:.:•••••.:,..*:::::.::...:... ... •
' ••::%:::::::;:::::•:.:;:.::::::::::::::::::;:•:••::::::::' .:•.:•:•::.!..:•.!...•.•.•........ • .
MIAMI BEACH DEVELOPMENT CORPORATION
STATE LOAN PROGRAM BUDGET
1-23-91 TO 9-30-91
TOTAL CKB ST. OF FLA.
LOAN LOAN LOAN RESULTING
PROGRAM PROGRAM PROGRAM TOTAL
INCOME (93,485)
Non-Proratable Expenses (7,995)
Pro-Rated CKB Grant Income (66, 784) (66, 784) 0 (66,7A4)
Other Program Income
Florida CDC Program (300,000) 0 (300,000) (300 000
)
Metro CD oa Rev 0 0 0 0
Loss For Fiscal Year 0 0 0 0
Other Grant Income 0 0 0 0
TOTAL PROGRAM INCOME (366, 784) (66, 784) (300,000) (366, 784)
EXPENDITURES
SALARIES
Executive Director 8,390 8,390
0 8,390
Development Coord. 12, 206 12, 206 0 12, 206
Development Specialist 4,298 4,298 0 4 298
Commercial Rev Specialist 0 0 0 '
0
Commercial Rev Director 0 0 0 0
Secretary 2,407 2,407 0
2,407
Office Manager 3,507 3,507 0 3,507
Data Proc. /Research Asst . 3, 105 3, 105 0 3, 105
5
Other Payroll 2,751 2,751 0 2,751
Salary Increases 1,977 1,977 0 1 ,977
TOTAL SALARIES 38,640 38,640 0 38,640
Fringe Benefits
Federal Payroll Tax 2,956 2,956 0 2,956
6
Unemployment Tax 110 110 0
110
Workuens Compensation 51 51 0 51
Health Insurance 1,922 1,922 0
1.922
Other Fringe Benefits 1,256 1,256 0 1 256
Total Fringe Benefits 6, 295 6, 295 0 '
6, 295
Total Personnel Costs 44,935 44,935 0 44,935
Contract Costs
Audit 2,995 2,995 0 2,995
Consultants/Legal 5,000 5,000 0 5,000
Market/Improvement Plan 0 0 0 0
Total Contract Costs 7,995 7,995 0 7,995
Travel & Transportation
Travel Seminars & Conf eren 0 0 0
Local Transportation 0
549 549 0 549
Total Travel & Trans. 549 549 0 549
Space Rental
Office Space Rental 4.942 4,942 0
. Total 1 Rental Expense 4.942
4,942 4,942 0 4,942
i
Occupancy Costs
Utilities 549 549 0
549
Janitorial Supp l s & Water 82 82 0
82
Office Equipment 686 686 0
686
Repairs & Maintenance 309 309
309
Total Occupancy Costs 1 ,627 1,627 0
1,627
Office Expense
Office Supply 3, 166 3, 166 0
3, 166
Postage & Delivery S49 549 0
549
Communications 824 824 0
824
Telephone 961 961 0
Insurance 1 , 236 1 , 236 1,236 0 1, 236
Interest 0 0
0 0
Personnel - Advertising 0 0 0
0
MBDC Meeting Costs 0 0
0 0
Total Office Expense 6, 735 6,735 0
6, 735
Indirect Costs
Membership & Dues 0 0 0
0
Publications & Subscr i fit i o 0 0 0
0
Total Indirect Costs 0 0 0
0
TOTAL OPERATING COSTS ' 66, 784 66,784 0
66?83,95
Other Costs
Rehabilitation Costs 0 0 0
0
State Loans 300,000 0 300,000
300,000
Total Other Costs 300,000 0 300,000
300,000
Total Costs 366, 784 66,784 300,000 366.784
1.___ _!�1 - ,-���.- .
" -
r '
TOTAL CHB ST. OF FLA.
LOAN LOAN LOAN RESULTING
PROGRAM PROGRAM PROGRAM TOTAL
1 Executive Director 8,390 8,390 0 8.390
1 Development Coord. 12, 206 12, 206 0 12, 206
1 Development Specialist 4,298 4,298 0 4, 298
1 Commercial Rev Specialist 0 0 0 0
1 Commercial Rev Director 0 0 0 0
1 Secretary 2,407 2,407 0 2, 407
1 Office Manager 3,507 3,507 0 3,507
1 Data Proc. /Research Asst . 3, 105 3, 105 0 3, 105
1 Other Payroll 2, 751 2,751 0 2, 751
1 Salary Increases 1,977 1,977 0 1,977
1 Federal Payroll Tax 2,956 2,956 0 2,956
1 Unemployment Tax 110 110 0 110
1 Workaens Compensation 51 51 0 51
1 Health Insurance 1,922 1 ,922 0 1.922
1 Other Fringe Benefits 1, 256 1, 256 0 1, 256
Total Personnel Costs 44,936 44,936 0 44,936
2 Audit 2,995 2,995 0 2,995
2 Consultants/Legal 5,000 5,000 0 5,000
2 Market/Iiaproveaent Plan 0 0 0 0
Total Consult .& Contract Sery 7,995 7,995 0 7,995
3 Office Space Rental 4,942 4,942 0 4,942
4 Office Equipment 686 686 0 686
5 Travel Seminars & Conferences 0 0 0 0
S Local Transportation 549 549 0 549
Total Travel & Trans. 549 549 0 549
6 Utilities 549 549 0 549
6 Janitorial Suppls & Water 82 82 0 82
6 Repairs & Maintenance 309 309 0 309
6 Office Supply 3, 166 3. 166 0 3, 166
6 Postage & Delivery 549 549 0 549
6 Communications 824 824 0 824
6 Telephone 961 961 0 961
6 Insurance 1,236 1,236 0 1,236
6 Interest 0 0 0 0
6 Personnel -- Advertising 0 0 0 0
6 MBDC Meeting Costs 0 0 0 0
6 Membership & Dues 0 0 0 0
6 Publications & Subscriptions 0 0 0 0
Total Other Operating Exp. 7,676 7,676 0 7,676
8 Rehabilitation Costs 0 0 0 0
8 State Loans 300,000 0 300,000 300,000
Total Costs 366,784 66,784 300,000 366,784
CITY OF MIAMI BEACH CDBG PROGRAM
MIAMI BEACH DEVELOPMENT CORPORATION
1990/91 Grant Contract Agreement
PROGRAM IMPLEMENTATION SCHEDULE
NEW AND EXPANDING BUSINESS LOAN PROGRAM [ 570 . 203 )
OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG
Continuing processing and packaging of Beacon Hotel Loan
X XXx:��XXX
Undertake pre-closing and closing responsibilities
XXXXXX XXXXXXXXX
Publicize availability of State Loan Programs
X
Loan Packaging and Processing
XXXX X XXXXX
Preclosing and Closing Responsibilities
XXXXX
Monitor and Service Loan Portfolio
APPENDIX 2
ACKNOWLEDGEMENT OF ECONOMIC DEVELOPMENT ACTIVITIES
If the Provider will be using CDBG funds for an Economic Development Activity, the following
federal requirements must be acknowledged:
LOW/MODERATE INCOME JOBS
Criteria
A low/moderate jobs activity is one which creates or retains permanent jobs, at least 51% of
which are taken by low/moderate income persons or considered to be available to low/moderate
income persons.
In counting lobs created or jabs retained, the following policies apply:
o Part-time job!; must be converted to full-time equivalents.
o Only permanent jobs count.
o Temporary jobs may not be included.
o Regardless of the sources of funding, all permanent jobs created by the activity
must be counted.
o Trickle-down jobs (jobs indirectly created by the assisted activity may not be
counted.
For jobs retained, the following additional criteria apply:
o There is clear and objective evidence that permanent jobs will be lost without
CDBG assistance. Such evidence includes: a notice by the business to affected
employees,a public announcement by the business,or relevant financial records.
o Retained jobs are considered to involve the employment of low/moderate income
persons if 51% of such jobs are known to be held by low/moderate income
persons when CDBG assistance is provided.
Jobs are considered to be available to low/moderate income persons when both the following
conditions are fulfilled:
o Special skills that can only be acquired with one or more years of training or
work experience, or education beyond high school, are not a pre-requisite to fill
such jobs,or else the business nevertheless agrees to hire unqualified persons and
train them; and
o The Provider ensures that the assisted business adheres to the principles of "first
consideration"by: using a hiring practice that in all likelihood will result in over
51% of those hired being low/moderate income persons; seriously considering a
sufficient number of low/moderate income job applicants to meet this intent;
determining that the distance from the job applicant's residence is close to the
job site or that transportation is available to the job site.
RECORDS TO BE MAINTAINED
Where the low/moderate income benefit is based on job creation, the Provider's files must
include the documentation described in either (A) or (B) below:
(A) For activities where at least 51°/u of the jobs will be available to low/moderate income
persons, documentation for each assisted business must include:
A copy of a written agreement containing:
o A commitment by the business that it will make at least 51% of the jobs
available to low/moderate income persons and will provide training for any of
those jobs requiring special skills or education; and,
o A listing by job title of the permanent jobs to be created, indicating which jobs
will be available to low/moderate income persons, which jobs require special
skills or education, and which jobs are part-time; and,
activities. This determination is to ensure that the amount of the financial assistance is not
excessive in light of the actual needs of the business and the expected public benefit. Examples
of CDBG assistance are: grants, loans, loan guarantees, interest supplements, technical
assistance or another form except for those described as ineligible in CDBG Regulations
s570.207. If no CDBG assistance of a financial nature is being provided for a private, for-
profit entity, then the "necessary or appropriate" determination would need to address the
public benefits to be derived from assisting each business but would not require a financial
analysis of the business' need for the grant or loan.
I hereby acknowledge that I have read the specific requirements for economic development
activities contained in this document, and that eligibility of my organization's project depends
upon compliance with the requirements contained in this document.
SIGNATURE
NAME/TITLE OF SIGNATOR
NAME OF ORGANIZATION
DATE
AEDC.ALI.
APPENDIX 3
MIAMI BEACH COMMUNITY DEVELOPMENT DIVISION
NARRATiVE REPORT FORM
PROJECT NAME: REPORTING MONTH/YEAR:
REPORTER SIGNATURE & POSITION:
DESCRIPTION OF ACTIVITIES AND PROJECTED ACCOMPLISHMENTS SCHEDULED FOR
THE REPORTING PERIOD:
PER ACTIVITY, STATE THE STATUS OF PROJECT-ED ACCOMPLISHMENTS, LIST
COMPLETED UNITS OF MEASURE, AND DESCRIBE MATERIAL PRODUCED FOR THE
REPORTING PERIOD:
STATE ALL PROBLEMS ENCOUNTERED AND/OR THEIR RESOLUTION, WHICH HAVE
AFFECLED THE OPERATION OF THE PROJECT DURING THE PERIOD, OR WHICH HAVE
IMPAC1ED ON THE COMPLETION OF PROJECT ED ACCOMPLISHMENTS AND/OR THE
CDBG EXPENDITURE RATE:
•
•
•
STATE OR LIST SPECIAL RECOGNITION RECEIVED DliRItiG THE REPORTING PERIOD:
MIAMI BEACH COMMUNITY DEVELOPMENT DIVISION
FINANCIAL 8 Y FORM
REPORTING MONTH/YEAR:
PROJECT:
REPORTER SIGNATURE & POSITION
PROJECT PROVIDER
CATEGORY BREAKDOWN APPROVED REVISED MONTH-TO-DATE
YEAR-TO-DATE OPEN
AVAILABLE
BUDGET BUDGET EXPENDITURES(1) EXPENDITURES OBLIGATIONS(2)
-
Salaries & Benefits
Consultants & Contract Services
Space Rental
Equipment Lease or Purchase
Travel
Other Operating Expenses
Materials
Rehabilitation
Real Property Acquisition
TOTAL •
1) The reporting month's expenditures,enditures with supporting documentation
attached.
been committed by the provider but have not yet
2� Funds which have
been paid, portion e.g. not paid in outstanding contract; portion
ion
of employee salaries not paid yet committed to the end of the program.
MIMI BEACH CCIMITYMEDI-TINT1v S
A 1 1Ct1
.
QJEJT PFO1
P
atatIORING PERIOD:
P OPERATOR•
& PSS ITIai1:
SEKIIICE PFOVIi]ED s • S ------------------------
IREPORIER GNATURE 4 DATE s
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OR V1S ITS _ ET IQTY
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Col. 2 Place total client visits for period in top portion and
place: total frau start of project todate in bottan portion.
Col. 3 Place nuitcr of Ncm Clients rey istered for period in top
portion and place total of reg is terad clients from start
of project todate in button portion.
Col. 5 ATTACH AGENCY'S IN( lE SCREENING RANGES AND RWUIRMENT
Col. 6 Place total fciva1C participation in top portion and
break-out Fei na l e Head of Household for bottom portion.
• SEE MAP CN BACK
Form CD 81-0100
ATTACHMENTS
CITY OF MIAMI BEACH
LOW AND MODERATE HOUSEHOLD INCOME LIMITS
(EFFECTIVE: 2/16/90)
A low income or a 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.
HOUSEHOLD SIZE MODERATE INCOME* LOW INCOME**
1 PERSON 20, 350 12 , 750
2 PERSONS 23 , 300 14 , 550
3 PERSONS 26, 200 16, 400
4 PERSONS 29 , 100 18, 200
5 PERSONS 30, 900 19, 650
6 PERSONS 32 , 750 21, 100
7 PERSONS 34 , 600 22, 550
8 PERSONS 36, 400 24, 000
* 80% of Median Income
** 50% of Median Income
SOURCE: U.S. Department of Housing & Urban Development
"Section 8 Housing Assistance Payments Program"
HUD Circular Letter 30-13
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SECI1ON 3 CLAUSE
A. The work to be performed under this contract is on a project assisted
under a program providing direct Federal financial assistance from the
Department of Housing and Urban Development and is subject to the
requirements of Section 3 of the Housing and Urban Development Act of
1968, as amended, 12 U. S. C. 170u. Section 3 requires that to the
greatest extent feasible, opportunities for training and employment
be given to lower income residents of the project area and contracts
for work in connection with the project be awarded to business concerns
which are located in, or owned in substantial pan by, persons residing
in the area of the project.
B. The parties to this contract will comply with the provisions of said
Section 3 and the regulations issued pursuant thereto by the Secretary
of Housing and Urban Development set forth in 24 CFR, and all
applicable rules and orders of the Department issued thereunder prior
to the execution of this contract. The parties to this contract
certify and agree that they are under no contractual or other
disability which would prevent them from complying with these
requirements.
C. The contractor will send to each labor organization or representative
of workers with which he has a collective bargaining agreement or other
contract or understanding, if any, a notice advising the said labor
organization of workers' representative of his commitments under this
Section 3 Clause and shall post copies of the notice in conspicuous
places available to employees and applicants for employment or
training.
D. The contractor will include this Section 3 Clause in every subcontract
for work in connection with the project and will, at the direction of
the applicant for or recipient of Federal financial assistance, take
appropriate action pursuant to the subcontract upon a finding that the
subcontractor is in violation of regulations issued by the Secretary
of Housing and Urban Development 24 CFR. The contractor will not
subcontract with ary subcontractor where it has notice or knowledge
that the latter has been found in violation of regulations under 24
CFR, and will not let any subcontract unless the subcontract has first
provided it with a preliminary statement of ability to comply with the
requirements of these regulations.
E. Compliance with the provisions of Section 3, the regulations set forth
in 24 CFR, and all applicable rules and orders of the Department issued
thereunder prior to the execution of the contract, shall be a condition
of the Federal financial assistance provided to the project, binding
upon the applicant or recipient for such assistance, its successors,
and assigns. Failure to fulfill these requirements shall subject the
applicant or recipient, its contractors and subcontractors, its
successors, and assigns to those sanctions specified by the grant or
loan agreement or contract through which Federal assistance is
provided, and to such sanctions as are specified by 24 CFR 135.
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
FOR CONTRACTS ci rRml'T 'PO EXEC m� 4R9ER 1124b
The applicant hereby agrees that it will incorporate or cause to be
incorporated into any contract for construction work, or modification
thereof, as defined in the regulations of the Secretary of Labor at 41 CFR
Chapter 60, which is paid for in whole or in part with funds obtained from the
Federal Government or borrowed on the credit of the Federal Government
pursuant to the grant, contract, loan insurance, or guarantee, or undertaken
pursuant to any federal program involving such grant, contract, loan,
insurance, or guarantee, the following equal opportunity clause:
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex
or national origin. The contractor will take affirmative action
to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color,
religion, sex or national origin; such action shall include, but
not be limited to the following: Employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of
compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous
places, available to employees and applicants for employment,
notices to be provided setting forth the provision of this
nondiscrimination clause.
(2) The contract will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all
qualified applicants will receive considerations for employment
without regard to race, color, religion, sex or national origin.
(3) The contractor will send to each labor union or representative
of workers with which he has a collective bargaining agreement
or other contract or understanding, a notice to be provided
advising the said labor union or workers' representatives of the
contractor's commitments under this section, and shall post
copies of the notice in conspicuous places available to employees
and applicants for employment.
(4) The contractor will comply with all Provisions of Executive Order
11246 of September 24, 1965, and of the rules, regulations, and
relevant orders of the Secretary of Labor.
(5) The contractor will furnish all information and reports required
by Executive Order 11246 of September 24, 1965, and by pules,
regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and
accounts by the administering agency and the Secretary of Labor
for purposes of investigations to ascertain compliance with such
rules, regulations, and orders.
(6) In the event of the contractor's non-compliance with the non-
discrimination clauses of this contract or with any of the said
rules, regulations, or orders, this contract may be cancelled,
terminated, or suspended in whole or in part and the contractor
may be declared ineligible for further Government contracts or
federally misted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of Labor,
or as otherwise provided by law.
(7) The contractor will include the portion of the sentence
immediately preceding paragraph (1) and the provisions of
paragraphs (1) through (7) in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary
of Labor issued pursuant to Section 204 of Executive Order 11246
of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The contractor will take such
action with respect to any subcontract or purchase order as the
administering agency may direct as a means of enforcing such
provisions - including sanctions for non-compliance - provided,
however, that in the event a contractor becomes involved in, or
is threatened with, litigation with a subcontractor or vendor as
a result of such direction by the administering agency, the
contractor may request the United States to enter into such
litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal
opportunity clause with respect to its own employment practices when it
participates in federally assisted construction work; provided that, if the
applicant so participating is a State of local government, the above equal
opportunity clause it not applicable to any agency, instrumentality or
subdivision of such government which does not participate in work on or under
the contract.
The applicant agrees that it will assist and cooperate actively with the
administering agency and the Secretary of Labor in obtaining the compliance
of contractors and subcontractors with the equal opportunity clause and the
rules, regulations, and relevant orders of the Secretary of Labor, that it
will furnish the administering agency and the Secretary of Labor such
information as they may require for the supervision of such compliance, and
that it will otherwise assist the administering agency in the discharge of
the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any
contract or contract modification subject to Executive Order 11246 of
September 24, 1965, with a contractor debarred from, or who has not
demonstrated eligibility for, Government contracts and federally assisted
construction contracts pursuant to the Executive Order and will carry out
such sanctions and penalties for violation of the equal opportunity clause
as may be imposed upon contractors and subcontractors by the administering
agency or the Secretary of Labor pursuant to Part II, Subpart D of the
Executive Order. In addition, the applicant agrees that if it fails or
refuses to comply with these undertakes, the administering agency may take
any or all of the following actions: Cancel, terminate, suspend in whole or
in part this grant (contract, loan, insurance, guarantee); refrain from
extending any further assistance to the applicant under the program with
respect to which the failure or refund occurred until satisfactory assurance
of 'future compliance has been received from such applicant; and refer the
case to the Department of Justice for appropriate legal proceedings.
ORIGINAL
RESOLUTION \TO. 91-20231
Authorizing and directing the execution of
an an agreement between the City of Miami
Beach and the Miami Beach Development
Corporation (MBDC) a non-profit Florida
Corporation, for the purpose of funding a
commercial revitalizaiton program, and
should the U. S. Department of Housing and
Urban Development determine that this
contract may be retroactive to October 1,
1990, the City Administration is authorized
to make the necessary revisions to this
agreement; and the provider will receive
an additional amount not to exceed Forty
Nine Thousand, Sox Hundred and Nineteen
Dollars ($49,619) of year Sixteen (16)
funds to be used for the above stated
purpose.
Or
1