RESOLUTION 93-20765 { f
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RESOLUTION NUMBER 93-20765
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 NORTH
BEACH DEVELOPMENT CORPORATION OF MIAMI BEACH,
INC. , WITH A FUNDING AMOUNT OF SEVENTY SEVEN
THOUSAND FIVE HUNDRED SEVENTY NINE DOLLARS
($77 ,579) , FOR PROVISION OF A STREET TREE
PROGRAM AND A FACADE ENHANCEMENT PROGRAM IN
THE NORTH BEACH AREA.
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, including the
Cranston-Gonzalez National Affordable Housing Act of 1990, 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 amended the Year 17 and Year
18 Final Statements of Objectives and Projected Use of Funds
submitted to the U.S. Department of Housing and Urban Development
which identified the distribution of $239, 569 in supplemental CDBG
funds; and
WHEREAS, the City Commission deemed it to be in the best
interests of the residents and citizens of the City to enter into
a contract with the North Beach Development Corporation of Miami
Beach, Inc. , hereinafter referred to as the "Provider" , for
provision of a street tree program and a facade enhancement program
in the North Beach area; and
WHEREAS, pursuant to such Agreement, the Provider will
receive a total amount of Seventy Seven Thousand Five Hundred
Seventy Nine dollars ($77 , 579) from the Year 17/18 Supplemental
CDBG 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, the City Commission, pursuant to Resolution No.
93-20741 adopted March 17 , 1993 , approved the Budget for the CDBG
Year 17/18 Supplemental funds outlining the specific projects and
allocations, including $77 , 579 for the above-stated project; and
WHEREAS, an appropriate Agreement was prepared and was
approved as to legal form and sufficiency by the City Attorney,
which Agreement sets forth the terms and conditions of said
project; and
WHEREAS, the City Commission deems it to be in the best
interests of the City and its residents and citizens that said
Agreement be entered into;
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH FLORIDA, that the Mayor and
City Clerk are hereby authorized and directed to execute an
Agreement with the North Beach Development Corporation of Miami
Beach, Inc. , with a funding amount of Seventy Seven Thousand Five
Hundred Seventy Nine dollars ($77, 579) , for provision of a street
tree program and a facade enhancement program in the North Beach
area.
PASSED AND ADOPTED THIS 8th DAY OF April , 1993.
MAYOR IV
ATTEST:
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CITY CLERK
FORM APPROVED
LEGAL Oti.
By
e
Date � h4/�,3
I r < <
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. I O-i3
TO: Mayor Seymour Gelber and DATE: April 8 , 1993
Members of the City Commission
FROM: Roger M. - •
City Manager 11'
SUBJECT: ADOPTION OF EIGHT (8) RESOLUTIONS AUTHORIZING THE
EXECUTION OF THE AGREEMENTS NECESSARY TO IMPLEMENT THE
YEAR 17/18 SUPPLEMENTAL COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PROGRAM ACTIVITIES
ADMINISTRATION RECOMMENDATION:
To adopt the following Resolutions authorizing the execution of the
CDBG sub-recipient Agreements necessary to implement the Year 17/18
Supplemental CDBG activities which were approved on March 17, 1993,
via Resolution #93-20741. A copy of the form Agreement which will
be utilized is attached. It is essential that these Resolutions be
adopted at this Commission Meeting.
1. 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 BOYS AND
GIRLS CLUBS OF MIAMI, INC. , WITH A FUNDING AMOUNT OF TWELVE
THOUSAND FIVE HUNDRED DOLLARS ($12,500) , FOR PROVISION OF A
JUVENILE PROGRAM AT SOUTH POINTE ELEMENTARY SCHOOL IN MIAMI
BEACH.
2. 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 LESBIAN, GAY
AND BISEXUAL COMMUNITY CENTER, INC. , WITH A FUNDING
RECOMMENDATION OF FORTY THREE THOUSAND TWO HUNDRED DOLLARS
($43,200) , FOR THE ACQUISITION OF A COMMERCIALLY ZONED
PROPERTY FOR USE AS OFFICES AND RELATED FACILITIES THAT WILL
PROVIDE COMMUNITY SERVICES FOR MIAMI BEACH RESIDENTS.
3. 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 LITTLE HAVANA
ACTIVITIES AND NUTRITION CENTERS, INC. , WITH A FUNDING AMOUNT
OF TWENTY THOUSAND DOLLARS ($20,000) , FOR THE RENOVATION OF
THE PLAYGROUND AREA OF THE MIAMI BEACH RAINBOW CHILD DAY CARE
PROGRAM FOR MIAMI BEACH RESIDENTS.
4. A RESOLUTION OF THE MAYOR AND 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) , WITH A FUNDING AMOUNT
OF TWENTY FIVE THOUSAND DOLLARS ($25,000) , FOR PROVISION OF
ADDITIONAL PHYSICAL PUBLIC IMPROVEMENTS ON LINCOLN ROAD. -
AGENDA
ITEM
DATE 4-2
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COMMISSION MEMO
APRIL 8, 1993
PAGE 2
5. 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
METHODIST CHILD CARE CENTER, INC. , WITH A FUNDING AMOUNT OF
EIGHT THOUSAND TWO HUNDRED NINETY DOLLARS ($8,290) , FOR THE
PURCHASE OF PLAYGROUND EQUIPMENT AND RENOVATION OF THE ST.
JOHN'S CHILD CARE CENTER.
6. 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 MOUNT SINAI
MEDICAL CENTER, WITH A FUNDING RECOMMENDATION OF FIFTEEN
THOUSAND DOLLARS ($15,000) , FOR PROVISION OF ENSURING A SMOOTH
TRANSITION FROM THE HOSPITAL SETTING TO THE HOME SETTING WITH
ACCOMPANYING COMMUNITY SUPPORT FOR LOW/MODERATE INCOME MIAMI
BEACH RESIDENTS THROUGH THE "PROJECT SINAI" AND "COMMUNITY
OUTREACH" PROGRAMS.
7. 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 NORTH BEACH
DEVELOPMENT CORPORATION OF MIAMI BEACH, INC. , WITH A FUNDING
AMOUNT OF SEVENTY SEVEN THOUSAND FIVE HUNDRED SEVENTY NINE
DOLLARS ($77,579) , FOR PROVISION OF A STREET TREE PROGRAM AND
A FACADE ENHANCEMENT PROGRAM IN THE NORTH BEACH AREA.
8. 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 STANLEY C. MYERS
COMMUNITY HEALTH CENTER, INC. , A NON-PROFIT FLORIDA
CORPORATION, WITH A FUNDING AMOUNT OF TWENTY FIVE THOUSAND
DOLLARS ($25,000) , FOR THE EXPANSION/RENOVATION OF THE STANLEY
C. MYERS COMMUNITY HEALTH CENTER FOR MIAMI BEACH RESIDENTS.
BACKGROUND:
On March 17, 1993, the City Commission adopted Resolution 93-20741
which approved the Year 17/18 Supplemental Community Development
Activities for the period of April 1, 1993 , through September 30,
1993 . Subsequent to City Commission approval on 3/17/93, the
necessary amendments to the Year 17 and Year 18 Final Statements
was submitted to 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. This is a standard administrative procedure,
to implement the CDBG activities approved by the City Commission on
March 17, 1993 .
ANALYSIS:
In September 1992 ($175, 153) and in October 1993 ($64,416) , the
City received Supplemental CDBG funds in the amount of $239,569
(unanticipated program income) , as a result of the refund of
subsidy monies previously awarded through the CDBG Multi-Family
Rehabilitation Program.
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COMMISSION MEMO
APRIL 8, 1993
PAGE 3
For budgeting purposes, the total income received from CDBG Years
17 and 18 @ $239,569 is available for Year 18 activities.
Due to the unusual nature and timing of the receipt of these
supplemental funds, the contract period for the activities approved
in this supplemental budget will be for the six month period from
April 1, 1993 through September 30, 1993.
On March 17, 1993, the City Commission approved the joint
recommendation for funding and adopted the budget for these
supplemental funds.
CONCLUSION:
Therefore, at this time eight (8) CDBG contractual agreements are
recommended for approval. A copy of the form Agreement which will
be utilized is attached. Funds are available in Fund 137 or 130,
Years 17 or Year 18 CDBG Programs. It is essential that these
Resolutions/Agreements be approved at this Commission Meeting.
A synopsis of the Year 17/18 Supplemental CDBG contractual
agreements is attached, which provides more specific detail on each
project/activity that was approved by the City Commission on March
17, 1993 .
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YEAR 18 CDBG SYNOPSIS
1. BOYS & GIRLS CLUB JUVENILE PROGRAM ($12,500)
Location: South Pointe Elementary
This project supplements other youth programs in the community by targeting"at-risk
youth" through after-school and special tutorial programs, and a recreational
program. The CDBG funds will be used to expand the existing program at South
Pointe Elementary School by providing,at no charge,a summer recreational program
to,an additional 100 to 150 students.
2. LESBIAN, GAY & BISEXUAL COMMUNITY CENTER ($43,200)
Location: Site to be determined - Southern CD Target area.
This project provides the seed money necessary to secure a property for use as a
community center which will provide space for meetings, recreational activities, and
social services for the lesbian, gay and bisexual community as a whole. A myriad of
services including but not limited to: youth counseling, suicide prevention, legal
services, AIDS/HIV transmission prevention, etc., will be provided. CDBG funds
will be used to secure a long-term lease in accordance with HUD requirements.
(Also see Public Services category.) Another function of the Center will be to offer
social and recreational activities to the South Beach area.
3. LITTLE HAVANA ACTIVITY AND NUTRITION CENTERS - MIAMI BEACH
RAINBOW DAY CARE ($20,000)
Location: 833 6th Street
This project benefits approximately 60 low/moderate income families at the Miami
Beach Rainbow Day Care Center. The program provides affordable child day care
utilizing an intergenerational approach, combining the resources of the elderly with
the provision of child day care. The CDBG funds will be used for renovation of the
playground area, including the purchase of playground equipment,to supplement the
existing program.
4. MIAMI BEACH DEVELOPMENT CORPORATION - LINCOLN ROAD
IMPROVEMENTS ($25,000)
Location: Lincoln Road
This project will provide additional funding towards Phase I of a physical public
improvement program for Lincoln Road which includes design and implementation.
Current allocation for Phase I Capital Improvements @ $40,840 in Year 16 and 18
CDBG funds.
5. MIAMI BEACH METHODIST CHILD CARE CENTER,INC.-ST.JOHN'S CHILD
CARE CENTER ($8,290)
Location: 4760 Pine Tree Drive
This project provides affordable child day care to low/moderate income families, at
the facility located at 4760 Pine Tree Drive, Miami Beach. The CDBG funds will
be used for playground equipment and interior renovations to supplement their
existing program.
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6. MOUNT SINAI OUTREACH PROGRAM/PROJECT SINAI ($15,000)
Location: 4300 Alton Road
This project will provide outpatient social, emotional and physical care to 350
low/moderate income residents who normally "fall through the cracks" once
discharged from the hospital,or who are ambulatory patients. Services include home
visits to evaluate the patient's home situation to determine what support systems are
needed, in addition to providing referral services.
7. NBDC-CMC STREET TREE PROGRAM - SCOPE A 425,000)
Location: Normandy Isle CD Area
This project will entail the planting of 75 to 100 trees in the North Shore CD areas.
This project, in conjunction with all other activities in the North Shore area, both
current and proposed, is intended to address the revitalization of the area.
NBDC NORTH BEACH FACADE ENHANCEMENT PROGRAM - SCOPE B
($42,579)
Location: North Shore CD Areas
This program is designed to encourage private investment by providing direct grants
to property owners and business people in the designated North Beach CD target
areas in order to rehabilitate a demonstration block/building(s). This will
supplement the current NBDC Facade Renovation program, by targeting the
improvements to a demonstration block/building(s). Eligible facade improvements
include exterior renovations such as new signage, paint, awning and storefronts,
thereby resulting in a unified appearance of the building(s).
8. STANLEY C. MYERS COMMUNITY HEALTH CENTER ($25,000)
Location: 710 Alton Road
This project continues to provide primary health care to low-moderate income.people
through health maintenance, treatment of illness and providing referrals when
necessary. CD funds will leverage other grant funds @ $1.3 million and will go
towards the architectural/engineering fee of the expansion/renovation for the Center.
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AGREEMENT
This Agreement is entered into this 1st day of April, 1993 , 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
North Beach Development Corporation of Miami Beach, Inc. ,
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, hereinafter called "Act" ; and
the Cranston-Gonzalez National Affordable Housing Act of 1990 ; and
WHEREAS, the City has determined through its Amended Year 17
and 18 Final Statements of Objectives and Projected Use of Funds,
which was adopted by City of Miami Beach Resolution Number 93-
20741, March 17 , 1993 , the necessity for providing a street tree
program and a facade enhancement program in the North Beach area to
improve neighborhood conditions and to provide job opportunities
for low and moderate income residents; and
WHEREAS, the City desires to engage the Provider to render
certain services in connection therewith:
NOW, THEREFORE, the parties hereto agree as follows:
SECTION I: SCOPE OF SERVICES
A. Scope A - Street Tree Program - $25, 000: This project will
entail the planting of approximately 75 to 100 trees in the
North Beach area, in conjunction with the City of Miami Beach
Department of Recreation, Parks and Culture.
B. Scope B - North Beach Facade Enhancement - $42 , 579 :
This will supplement the current NBDC Facade Renovation
Program, by targeting the improvements to a demonstration
block/building(s) . Eligible facade improvements include
exterior renovations such as new signage, paint, awnings and
storefronts, thereby resulting in a unified appearance of the
building(s) .
The Provider agrees to implement the North Beach Street Tree
and the Facade Enhancement programs in accordance with the
projected accomplishments attached and made a fully binding
part of this Agreement as Appendix 1 , as follows:
1. The Provider will implement the Program in accordance
with applicable federal, state and/or local regulations.
The main thrust of the facade renovation program will be
to spur private investment in eligible commercial
districts through the use of CDBG funds. The program
will offer a financial incentive grant to property owners
and business people as a "rebate" for property
improvements.
2 . The Provider will identify the buildings that need to be
rehabilitated within the specified target area; interview
potential applicants; review the projects for compliance
with applicable design standards and program guidelines;
implement the Facade Enhancement Program in accordance
with the program guidelines; and assess the economic and
community development needs of the North Beach
neighborhood.
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3 . The Provider will implement the project in accordance
with the Budget and Implementation Schedule attached
hereto and made a part hereof as Appendix 1.
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
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 by
all eligible Miami Beach residents, and delineates steps
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.
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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 B, "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" .
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
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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. Costs incurred under this program shall be in compliance with
Federal Management Circular No. A-122 , "Cost Principles for
Non-Profit Organizations" , 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 approval and release of funds from the U.S .
Department of Housing and Urban Development. 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
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
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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.
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.
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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
amount of the current fair market value of the property,
less any portion thereof attributable to expenditures on
non-CDBG funds for acquisition o f, 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,
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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.
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.
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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, and written
agreements with beneficiaries, where applicable.
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.
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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.
This project shall become operational as of April 1, 1993 , and
shall continue through September 30, 1993 .
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 (3 0) 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.
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.
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1. Cause shall include, but not be 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.
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,
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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.
SECTION V: AMENDMENTS
Any alterations, variations, modifications or waivers of this
Agreement shall only be valid when they have been reduced to
12
{ 1
• 1 I
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
It is expressly understood and agreed that the total compensation
to be paid hereunder for actual expenditures incurred shall not
exceed Seventy Seven Thousand Five Hundred Seventy Nine dollars
($77, 579) from the Year 17/18 Supplemental funds. Such funds must
be expended during the term of the Agreement, and any remaining
balance of funds shall revert to the City. Such compensation shall
be paid in accordance with the projected accomplishments and budget
descriptions attached hereto and made a part hereof as Appendix 1.
A. The Provider shall submit semi-monthly requests for payment of
City approved anticipated expenditures, and the City will
provide payment, upon approval, within ten (10) working days
after receipt of same, if submitted by the deadline date for
inclusion on the drawdown request.
B. The Provider shall submit monthly requests for payment for
actual expenditures, including applicable back-up
documentation, no later than the tenth (10th) day of the
succeeding month and the City will provide payment, upon
approval, within ten (10) working days after receipt of the
13
same, if submitted by the deadline date for inclusion on the
drawdown request.
C. 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 within each component and may not exceed in the
aggregate ten percent (10%) of each line item, and must have
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.
SECTION VIII: INDEMNIFICATION AND INSURANCE
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 an act, omission,
negligence or misconduct on the part of the Provider or any of its
agents, servants, employees, contractors, patrons, guests, clients,
14
J I
/ t
licenses or invitees or of any other person entering upon the
Provider's place of business. 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
Damage, in the amount of $500, 000 single limit (the policy must
include coverage for contractual liability to cover the above
indemnification) ; 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.
15
f t C
r
1
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.
2 . The Financial Status Report, which shall include the
request for payment and documentation, as applicable.
3 . The Client Profile Report.
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;
16
,
i.e. , the number of dollars spent, including non-CDBG funding
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.
17
SECTION XI: COMPLIANCE WITH LOCAL, STATE & FEDERAL REGULATIONS
The Provider agrees to comply with all applicable federal
regulations as they may apply to program administration.
Additionally, the Provider will comply with all state and local
laws and ordinances hereto applicable.
SECTION XII: ADDITIONAL CONDITIONS AND COMPENSATION
It is expressly understood and agreed by the parties hereto that
monies contemplated by this Agreement to be used for the
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 to pay the Provider
compensation will not be available and that this Agreement will
thereby terminate effective as of the time that it is determined
that said funds are no longer available.
In the event of such determination, the Provider agrees that it
will not look to, nor seek to hold liable, the City or any
individual member of the City Commission thereof personally for the
performance of this Agreement and all of the parties hereto shall
be released from further liability each to the other under the
terms of this Agreement.
XIII: 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
18
1 , Y
C
exceeds the sum of $77 , 579 . Provider hereby expresses its
willingness to enter into this Agreement with Provider's recovery
from the City for any damage action for breach of contract to be
limited to a maximum amount of $77 , 579 , less the amount of all
funds actually paid by the City to Provider pursuant to this
agreement.
Accordingly, Provider hereby agrees that the City shall not be
liable to Provider for damages in an amount in excess of $77, 579
which amount shall be reduced by the amount of the funding actually
paid by the City to Provider pursuant to this agreement, 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 .
XIV: ARBITRATION
Any controversy or claim for money damages arising out of or
relating to this Agreement, or the breach hereof, shall be settled
by arbitration in accordance with the Commercial Arbitration Rules
of the American Arbitration Association, and the arbitration award
shall be final and binding upon the parties hereto and subject to
no appeal, and shall deal with the question of the costs of
arbitration and all matters related thereto. In that regard, the
parties shall mutually select one arbitrator, but to the extent the
parties cannot agree upon the arbitrator, then the American
Arbitration Association shall appoint one. Judgment upon the award
rendered may be entered into any court having jurisdiction, or
application may be made to such court for an order of enforcement.
Any controversy or claim other than a controversy or claim for
money damages arising out of or relating to this Agreement, or the
19
breach hereof, including any controversy or claim relating to the
right to specific performance, shall be settled by litigation and
not arbitration.
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: 'E ITY OF MIAMI BE . H, FLORIDA
i/
`sicoN,'°" "'" I
CITY CLERK MAYOR
WITNESSES:
NORTH BEACH DEVELOPMENT
CORPORATION OF MIAMI BEACH, INC.
AUTHORIZED SIGNATOR
(' #341 -Ss 0
RV1N M. GREEN
PRINT OR TYPE NAME AND
TITLE OF AUTHORIZED SIGNATOR
NBDC
FORMA ROVED
LEGA' DEPT.
By
Date
3 c"23
20
1 f r 1
APPENDIX 1
BUDGET SUMMARY
BUDGET ITEMIZATION
IMPLEMENTATION SCHEDULE
BUDGET SUMMARY SHEET
Street Tree Program - Scope A CDBG Supplemental Funds
roject Operator North Beach Development CorporatiorFunding YearFY 92/93 Date Submitted.
-.ateJ
4umber Category Breakdown CD Funds Other Funds Other Funding Sources Total Funds
1 Salaries & Benefits
Consultants &
2 Contract Services
space Rental -
Equipment Lease - •
4 or Purchase
5 Travel - - -
Other Operating
6 Expenses
7 Materials - -
$ 25 , 000
iiehabliitation
Real Property
9 acquisition
▪ Total
CD
Funds:
2
$ 25 , 000
0
• Other
Funds
••.•• • •
: .... .▪ ..
$ 25 , 000
Grand
Total.
CDBG Supplemental Funds
BUDGET ITEMIZATION SHEET
Street Tree Program - Scope A
Project Operator North Beach Development Corporatio�runding Year FY 92/93 Date Submitted
c CategoryAmount
Number Category Breakdown CD Funds er Funds
7 Purchase and installation of 75 to 100 trees $ 25 , 000
........................
111.111
Total Amount:
Page 1 of 1
PROGRAM IMPLEMENTATION SCHEDULE
1992/93
'ROJECii`Scope A:
Street Tree Program North •Beach Development Corporation
, •
SMF= ORGANIZATION. -
•plerneniation Stepa OCTE - ; • .
Identify demonstration block in
CDBG Target Areas X X
Prepare Bid Specifications for 75 to
100 Trees, in conjunction with theX v
City Dept of Rec . , Parks & Culture
Award Bid for Tree Installation/Waterinc X
Installation, Maintenance & WateringX X
1
v
APPENDIX 2
ACKNOWLEDGEMENT OF ECONOMIC
DEVELOPMENT ACTIVITIES
•
EDGEMEN'r OF CONOMIC
AL KN OW L
DEVELOPMENT ACTIVITIES
Development Block Grant
Provider will be using Community a following
If the ProviDevelopment activity, th
(CDBG) funds for an Economic p
(C �
federal requirements must be acknowledged:
LOW/MODERATE INCOME JOBB
criteria:
• which creates or _ret_ains
A low moclera t=e job activity t y is one -"-b_ low moderate
obs, at least 51 % of which are taken _
permanent jobs ,
' ered to be available to low/moderate income
Income persons or considered
persons.
• retained, the following policies
I tl counting jp bs_created or fobs
apply:
must bePart-time jobs converted to full-time equivalents.
.
Only permanent jobs count.
Temporary jobs may not be included.
Regardless of the sources of funding, all permanent jobs
•
created by the activity must be counted.
Trickle-down jobs (jobs indirectly created by the assisted
activity) may not be counted.
For obs retained, the following additional criteria apply
There is clear and objective evidence that permanent jobs will
be lost without CDBG assistance. Such evidence includes: 8
notice by the business to affected employees, a public
announcement by the business, or relevant financial records
• Retained jobs are considered to involve the employment of
low/moderate income personsjobs
persons i f 51 0 of such 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:
• Special skills that can only be acquired with one ne or more
years of training or work experience, or educations beyond
y nd
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
• business adheres to the
ensures that the assisted a hiringe
The Provider sideration" by: using
of "first ,con • result in over 51% of
principlesin all l ikel likelihood will seriously
practice that low/moderate income persons; job
ose hired being th of low/moderate income
' er in a sufficient numberthat the distance
considering
• c meet this intent; determining job site or
applicant_, to eSidence is close to the
from the job applicant' s r ortatiOn is available to the job site.
transportation
RECORDS TOBEMAINTAINED
based on fob cxeation, thetie tow income
moderate . benefit is in either
Where t •/
Provider' files tes must include the documentation described
(A) or (B) below:
least 51% of the jobs will be
(A) For activities where at �-ea documentation for
available_to low/moderate income persons,
each assisted business must include:
(1) A copy of
a written agreement containing:
the business that
(a) A commitment byit will make at to low moderate
of thejobslow/
moderate east 51 � available
income persons and will provide training for any of
those jobs requiring special skills or education;
and,
• title of the permanent jobs to be
(b) A listing by fob
created, available to indicating which jobs will be •
low/moderate income persons, which jobs require
'obs are
special skills or education, and which
p
part-time; and,
(c) A description tion of actions to be taken by the
Provider and business to ensure that low/moderate
income persons receive "first consideration" for
these jobs; and,
(d) A listing, by job title, of permanent jobs filled,
and which jobs were available to low/moderate
income persons, as well as a description of how
"first consideration" was given to such persons for
those jobs. The description must include what type
of hiring process was used; which low/moderate
income persons were interviewed for a particular
job and which interviewees were hired.
(B) For activities where at least 51% of the jobs will be taken_by
low/moderate income persons, documentation for each assisted
business must include:
( 1) A copy of a written agreement containing:
2
7 i 4
that at least 51% of
A commitment by the business t basis, will be
(a) on a full-time equivalen
the jobs, fpersons and a listing
taken b low/moderate incomejobs
and,
Y the permanent created;
by job title of
job of the permanent jobs
A listing, by title, 11 held by
(b) which jobs were initially filled and
low/moderate income personS • and,
and annual income of the
c) Information on the sizeto the low/moderate
(
person's immediate family prior
income personbeing hired for the job.
incomebenefit is based on job
(2) Where low/moderate
retention, the files must include the following
documentation ;
(a) Evidence that jobs would be lost without CDBG
assistance.
(b) A listing, by job title, of permanent jobs
are' ed indicating which of thosejobspart-
time
,
which are held by low/moderate
and (i f known)
income persons at the time the assistance is
provided.
• anyretainbed jobs not already
(c) Identification of
held by low/moderate income personw wchih are
become available to
projected to low/moderatewithin two
incomepersons throughjob turnover
assistance is provided.
years of the time CMGed
(Job turnover projectionsi
should also be nclud
in the record. )
(d) Information on the size and annual incomeof the
low/moderate income persons' immediate family for
each retained job claimed to be held by a
low/moderate income person. Acceptable
documentation on job applicant/employee family
income includes any one of the following:
(i) Notice that job applicant/employee is a
referral from state, county or local
employment agency or other entity that agrees
to refer individuals determined to be
low/moderate income according to HUD criteria
(These entities must maintain documentation
for city of federal inspection, )
( ii) Written certification, signed by the job
applicant/employee, of family income and size
to establish low/moderate income status by
showing: the actual income of the family, or a
statement that the family income is below CDBG
low/moderate income requirements. (These
certifications must include a statement that
they are subject to verification by the local
or federal government. )
3
t em loyee qualifies
e that job appl ican / p m with
(iii) Evident under another progra
for assistance criteria at least as
income qualification
reStri the CDBG program,
such as referrals from the Jo
Partnership ip Act (JTP11) Program, except for
Program for
referrals under the DTPA Title I I I
dislocated workers.
ADDITIONAL CONSIDERATIONS
The Provider must prepare a 'n�ecessary or apr-o- rate�� deter
mina-
tion whenever CMG assistance is provided for a private, for-profit
erlt activities • This
• r in out economic development the financial
i is
entity carrying g
• ensure that the amount ofl
determination 1 s to of the actual needs of the
business and the expected ��x
�- t�ce isnot excessive In lightm les of CDBG
assistance stapublic benefit. Examples p
�
assistance are grants, loans, loan guarantees,, interest
�. or another form eXCept for thOSe
supplements ,, tec��lr11 ca� assistanceat 570. 207 . I f no CDBG
pp
' bed as ineligible in CDBG Regulations a private,
CDB
described provided for
' stance of a f lnancial natuxe is being
for-profit
then the "necessary or appropriate;
for-profit entity� thepublic benefits to be
determination would need to address
derived from assisting not require a
each business but would financial analysis of the business' need for the grant or loan.
READ THE SPECIFIC REQUIREMENTS FOR
I HEREBY ACKNOWLEDGE THAT I HAVE
ECONOMIC ACTIVITIES CONTAINED IN THIS DOCUMENT,
AND THATCE
PROJECT DEPENDS ELIGIBILITY OF MY ORGANIZATION'S UPON COM
WITH THEIR REQUIREMENTS CONTAINED IN THIS DOCUMENT.
SIGNATURE
NAME/TITLE OF SIGNATOR
NAME OF ORGANIZATION
DATE
4
V
APPENDIX 3
NARRATIVE REPORT
FINANCIAL STATUS REPORT
CLIENT PROFILE REPORT
CITY OF MIAMI BEACH
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
NARRATIVE REPORT
CDBG YEAR FY 199
Project Cateyo►y_
Project Provider: Project Number:
Services Funded:
Reporting Month/Year: / Date Submitted: / /9_
Signature & 1 isle:
Describe activities completed and/or services provided during reporting period.
Detail those accomplishments cited above conducted during the reporting period.
Provide units of measure to quantify your accomplishments described.
State problems encountered during the reporting period which impacted your
organization's ability to either provide services or complete projects.
List special recognition received during the reporting period.
e
a
ll
0
ear.. 00...''''6111° .-.. ui1
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Project Category: 1Reporting Month/Year: •,
4
Project Provider: Signature& Title:
.1 �
Services Funded: Date Submitted:
Month to Date Years to�Date`:-
M
Month Year
., ProgramIncora�.
Available able Program Income/
Ado ted Reused to Date to Date.. Revenue_(Z
P
Funds Revenue(2)CMB Budget Account Number/Title: Budget BudgetExpenditures (1) Expenditures (1}
g ;
1
� I
I
I
1
I I
,
J i
i
1 1
1 I
i
'h___________ .
II
1 1
I
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IT-------1� I
� 1 \
I r................________7__________ 1
1
1 �
I I
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,, , 1 I
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............._
1 I i
w
I
I
I
TOT1
�!ILS.
(0 The=Porting month's (worth supporting documentation attached) and year to date expenditures.
A'FI'ACFIMENTS
CITY OF MIAMI BEACH
LOW AND MODERATE HOUSEHOLD INCOME LIMITS
CITY OF MIAMI BEACH
PERCENTAGE OF LOW/MODERATE INCOME PERSONS
SECTION 3 CLAUSE
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR
CONTRACTS SUBJECT TO EXECUTIVE ORDER 11246
► t
CITY OF MIAMI BEACH
Lays AND MODERATE HOUSEHOLD INCOME LIMITS
(EFFECTIVE:: 5/21/92)
household is defined as:
a
a moderate income ho n the limitsa cited
A low income or equal to, or less than, the same
household having an income q but are sharing
below.o als who are unrelated
below. Individuals idu person households.
household shall
each be considered as one
MODERATE INCOME* LOW INCOME**
HOUSEHOLD SIZE ----
0 13 , 300
21, 30
1_ PERSON
2 PERSONS0 15 , 200
24 , 30
350 17 , 100
3 PERSONS 27 ,
30, 400 19 , 000
4 PERSONS
5 PERSONS 32 , 850 20, 500
6 PERSONS 35, 250 22 , 050
7 PERSONS 37 , 700 23 , 550
40 150 25, 100
8 PERSONS '
* 80% of Median Income
** 50% o f Median Income
of Housing & Urban Development
SOURCE. U.S . Department ��
"Section 8 Housing Assistance Payments Program
-HUD Circular Letter 92-28
CITY OF MIAMI BEACH
PERCENTAGE
OF LOW/MODERATE INCOME PERSONS
BY CENSUS TRACT AND BLOCK GROUP
CENSUS BLOCK % LOW/MODCENSUS BLOCK % LOW/MOD
TRACT GROUP PERSONS TRACT GROUP PERSONS
_ - 51 09 43 1 81.70
39 . 01 1
43
39 . 01 2 52 . 182 79 . 2482 . 88
39 . 01 3 71 . 78 43 3
39 . 01 4 79 . 29 43 4 86 . 69
39 . 01 5
70 . 68 43 5 70 . 09 39 . 01 6 56. 05 43 6 59 . 54
39 . 01 7
23 . 09 43 7 58 . 51 39 . 02 1 67 . 48 44 1 79 . 53
44 2 85 . 59
2 80 . 73
39 . 02
39 . 02 3 77 . 42 44 3 91. 18
44 4 90 . 14
4 63 . 53
39 . 02
39 . 02 5 47 . 59 44 5 85 . 89
39 . 02
9 40 . 11 44 6 77 .99
39 . 05 1 42 . 11 44 7 83 . 23
39 . 05 2 60 . 01 44 8 66. 91
39 . 05 3 43 . 54 45 1 84 . 59
39 . 05 4 55 . 46 45 2 86 .74
39 . 06 6 24 . 79 45 9 00 . 00
39 . 06 7 25 . 57 45. 99 2 69 . 08
39 . 06 8 11. 48
40 1 68 . 87
40 2 35. 61
40 3 38 . 53
40 4 27 . 58
40 5 59 . 65
40 6 15. 80
40 7 30. 73
41 . 01 1 74 . 44
41 . 01 2 62 . 91
41 . 01 3 60. 70
41 . 01 4 28 . 19
41 . 01 5 15 . 93
41 . 02 1 21. 37
41 . 02 2 25. 47
42 1 76. 47
42 2 76. 70
42 3 79 . 83
42 4 00. 00
42 5 67 . 63
42 6 77 . 44
42 7 60. 18
Source: 1980 Census Summary Tape 3 for State of Florida
(6/27/88)
SECTION CLAD E
A. The work to be performed under
this contract is on a
direct
assistedeunder a program providing
project
the Department of
financial assistance from
Federal
n and Urban Development
and is subject to the
Hous i g
uirements of Section on 3 of the Housing and Urban
q
Development Act of 1968 , as
amended, 12 U.S .C. 1701u.
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,
insubstantialpart bypersons residing in the
or owned
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 bythe Secretary of Housing and Urban
Development set forth in 24 CFR 135. 20, 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 thege
requirements.
c• The contractor will send to
each labor organization or
representative of workers with which he has a
collective bargaining agreement g or other contract or
understanding, if any, a notice advising the said labor
organization of workers' r •
epresentat.�ve of his
commitments under this Section 3 Clause and shall post
copies of the notice in co '
nsplcuous 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 ursuant to the subcontract upon a
finding that
the subcontractor is in violation of
regulations
issued bythe Secretary of Housing and
Urban Development, 24 CFR 135. 20. The contractor will
not subcontract with any subcontractor where it has
g
Notice
or knowledge that the latter has been found in
violation of regulations under 24 CFR 135 . 20, and will
not let nay subcontract unless the subcontract has
firstp rovided 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 135. 20, 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
ederai
assistance is provided, and to such
sanctions as are
specified by 24 CFR 135. 20.
2
y
•
�2
E UAL EMPLOYMENT OPPORTUNITY CLAUSE
FOR CONTRACTS SUBJECT TO EXECUTIVE ORDER 11246
The applicant hereby agrees a rees that it will incorporate or cause to be
incorporated
into anycontract 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
in part with
or funds obtained from the Federal Government or
borrowed on the credit of the Federal Government pursuant to a
grant, contract,
loan insurance, or guarantee, or undertaken
program pursuant to any ro
Federal ram 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 place, available to employees and
applicants for employment, notices to be provided
setting forth the provision of this nondiscrimination
clause.
f
(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 consideration 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' representative 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 byExecutive Order 11246 of September 24 ,
q
1965, and by rules, 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 investigation 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 canceled, terminated, or suspended in
• 4
a '
whole or in part and the contractor may be declared
ineligible for further Government contracts or
federally assisted construction contracts in accordance
with procedures authorized in Executive Order 11246 of
September 24 , 1965, and such other sanctions may be
imposed and remedies invoked as provided 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 Stated 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
or local government, the above equal opportunity clause is not
3
► - 4 A •
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
withagency and the Secretary of Labor in
the administering g Y
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
q
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 primaryresponsibility for securing compliance.
genc ys
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 of the
Secretary of Labor pursuant to Par I I , 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 assistant 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.
4
ORI C INAL •
12,FSOLTTTTO NO. c -20765
Authorizing and directing the execution oi
an agreement between the City of Miami
Beach and the North Beach Development
• corporation of Miami Beach, Inc. , with a
funding amount of seventy seven thousand
five hundred seventy nine dollars ($77,.579)
for provision of a street tree program
and a facade enhancement program in the
north Beach area.