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American Veteran Newspaper, Inc.,: aoo 9- 27i~~ COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND AMERICAN VETERAN NEWSPAPER, INC. This Agreement made and entered into this ~ day of ~„',~, 20f1®, by and between the CITY OF MIAMI BEACH, a Florida municipal corporation having its principal office at 1700 Convention Center Drive, Miami Beach, Florida, 33139, (hereinafter referred to as "City"), and AMERICAN VETERAN NEWSPAPER, INC., anon-for profit corporation having its principal office at 6632 Collins Avenue, Miami Beach, Florida, 33141 (hereinafter referred to as "Provider"). WHEREAS, the City is an entitlement recipient of U.S. Department of Housing and Urban Development (HUD) grant programs, Community Development Block Grant (CDBG) funds, and HOME Investment funds (HOME), and the City expects to continue to receive entitlement funds from these grant programs to operate the City's housing and community development activities; and WHEREAS, each year, the City prepares aOne-Year Action Plan detailing how it intends to allocate funds received from HUD to conduct eligible activities for the benefit of low and moderate- income Miami Beach residents; and WHEREAS, in accordance with HUD regulations and the City's Citizen Participation Plan concerning the preparation of the One-Year Action Plan, the Administration held two (2) public meetings, receiving citizens' comments, and advertised a 30-day citizen comment period, from June 12, 2009, through July 11, 2009; and WHEREAS, on May 28, 2009, the City's Community Development Advisory Committee (CDAC) approved the funding recommendation of the One-Year Action Plan for Fiscal Year (FY) 2009/2010 activities; and WHEREAS, on July 15, 2009, the City Commission approved Resolution No. 2009-27116 approving the One-Year Action Plan for Federal Funds for FY 2009/2010, providing CDBG funds in the amount of $5,000, to American Veteran Newspaper, Inc. for the Food Assistance Project, located at 6632 Collins Avenue, Miami Beach, Florida, 33141. NOW, THEREFORE, in consideration of the mutual benefits contained herein, the City and Provider agree as follows: Section 1. Agreement Documents: Agreement documents shall consist of this Agreement and the following four (4) attachments, all of which are attached and incorporated in this Agreement: • Attachment I is a Statement of Work and contains a description of the Program. • Attachment II is a Budget Summary. • Attachment III are the Financials for CDBG-funded activities. • Attachment IV contains applicable federal regulations. Section 2. Statement of Work: The Provider agrees to implement the Program in accordance with Attachments I and II, and as summarized as follows: Food Assistance Project To provide emergency services to eligible low income elderly, children and individuals, including food distribution and transportation vouchers. The primary goal ~ T j T is intervention to prevent people from becoming displaced or entering lower poverty levels. The project anticipates to service approximately 2,250 individuals/families. Section 3. Agreement Amount: The City agrees to make available FIVE THOUSAND DOLLARS ($5,000) for use by the Provider during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds"). Section 4. Alterations: Any proposed changes in the Program including, without limitation, the Budget in Attachment II, shall first be submitted, reviewed, and approved, in writing, by the City Manager, which approval, if given at all, shall be at his/her sole reasonable judgment and discretion. Section 5. Method of Payment and Reporting Requirements: During the Term, Provider shall submit quarterly Program progress reports to the City on the 10''' day of January, April, July and October, respectively. As part of the report submitted in October, the Provider also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, activities, and expenditures, and including, but not limited to, performance data on client feedback with respect to the goals and objectives outlined in Attachment I. Attachment III contains reporting forms to be used in fulfillment of this requirement. Other reporting requirements may be required by the City Manager in the event of Program changes; the need for additional information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement, pursuant to Section 12 hereof. Section 6. Monitoring: At its discretion, the City may schedule at least one (1) annual on-site monitoring visit with the Provider to evaluate the progress of the Program, and/or to provide technical assistance. At the City's option, a desk top review of the activities may be conducted in lieu of an on-site visit. Section 7. Additional Conditions and Compensation: The parties acknowledge that the Funds originate from CDBG grant funds from HUD, and must be implemented in full compliance with all of HUD's rules and regulations. In the event of curtailment or non- production of said federal funds, the financial sources necessary to continue to pay the Provider all or any portions of the Funds will not be available. In that event, the City may terminate this Agreement, which termination shall be effective as of the date that it is determined by the City Manager, in his/her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, the Provider agrees that it will not look to, nor seek to hold the City, nor any individual member of the City Commission and/or City Administration, personally liable for the performance of this Agreement, and the City shall be released from any further liability to Provider under the terms of this Agreement. Section 8. Compliance with Local, State and Federal Regulations -The Provider agrees to comply with all applicable Federal regulations as they may apply to Program administration and to carry out each activity in compliance with the laws and regulations as described in 24 CFR 570 Subpart K, as same may be amended from time to time. Additionally, the Provider will comply with all State and local (City and County) laws and ordinances hereto applicable. It shall be the Provider's sole and ~r ~t absolute responsibility to continually familiarize itself with any and all such applicable Federal, State, County, and City regulations, laws, and/or ordinances. Section 9. Restrictions for Certain Resident Aliens -Certain newly legalized aliens, as described in 24 CFR Part 49, are not eligible to apply for benefits under covered activities funded by the CDBG Program. "Benefits" under this section means financial assistance, public services, jobs, and access to new or rehabilitated housing and other facilities made available under activities funded by the CDBG Program. "Benefits" do not include relocation services and payments to which displacees are entitled by law. Section 10. Assignment/Subcontract: No part of this Agreement may be assigned or subcontracted without the prior written consent of the City, which consent, if given at all, shall be at the City's sole discretion and judgement. Section 11. Term: This Agreement shall commence on October 1, 2009, and terminate on September 30, 2010, (the Term), with the understanding that at, the end of the Term, the City Commission has the authority to reappropriate any remaining unused Funds. Section 12. Termination of Agreement: 12.1 Termination for Convenience: This Agreement may be terminated by the City, for convenience and without cause, through the City Manager, upon 30 days prior written notice to Provider. In the event of such termination for convenience, the City shall cease any payments to Provider for costs resulting from obligations which were not approved before the effective date of termination. Provider shall be solely responsible for immediately returning any unused or unapproved Funds as of the date of termination, and shall also be solely responsible for submitting a final report, as provided in Section 5 hereof, (detailing all Program objectives, activities and expenditures up to the effective date of the termination). Said final report shall be due within five (5) working days following the effective date of termination. Upon timely receipt of Provider's final report, the City, at its sole discretion, shall determine the amount (if any) of any additional portion of the Funds to be returned to the City as a result of any unapproved or unused Funds, or incomplete Program items, and shall provide Provider with written notice of any monies due. Said additional monies shall be due and payable immediately upon receipt of such notice by Provider. Notwithstanding the preceding, the City reserves any and all legal rights and remedies it may have with regard to recapture of all or any portion of the Funds, or any assets acquired or improved in whole or in part with said Funds. 12.2 Termination for Cause: Notwithstanding Subsection 12.1 above, the City may also terminate this Agreement for cause. "Cause" shall include, but not be limited to, the following: a. Failure to comply and/or perform, in accordance with the terms of this Agreement, or any Federal, State, County or City law, or regulation. b. Submitting reports to the City which are late, incorrect, or incomplete in any material respect. c. Implementation of this Agreement, for any reason, is rendered impossible or infeasible. ~ 1 ~ 9 d. Failure to respond in writing to any concerns raised by the City, including substantiating documents when required/requested by the City. e. Any evidence of fraud, mismanagement, and/or waste, as determined by the City's monitoring and applicable HUD rules and regulations. The City shall notify the Provider in writing when the Provider has been placed in default. Such notification shall include: (i) actions taken by or to be taken by the City, such as withholding of payments; (ii) actions to be taken by the Provider as a condition precedent to curing the default; and (iii) a reasonable cure period, which shall be no less than thirty (30) days from notification date. In the event the Provider fails to cure such default within the aforestated cure period, this Agreement shall be considered terminated for cause, without requiring further notice to Provider, and Provider shall be solely responsible for repayment to the City of all or any portion of the Funds disbursed to Provider, as deemed required by the City, in its sole and reasonable discretion. Said monies shall be immediately due and payable by Provider. Notwithstanding the preceding, the City reserves any and all legal rights and remedies it may have with regard to recapture of all or any portion of the Funds, or any assets acquired or improved in whole or in part with said Funds. 12.3 Termination for Lack of Funds: In the event of curtailment of, or regulatory constraints placed on the Funds by HUD, this Agreement will terminate, effective as of the time that it is determined by the City Manager that such Funds are no longer available. Costs of the Provider incurred after termination are not allowable unless expressly authorized in writing by the City Manager (whether in the notice of termination or subsequent thereto), and, in that case, may only be allowable if, in the sole discretion of the City Manager: a. The costs resulted from obligations which were properly incurred before the effective date of termination, were not in anticipation of it, and are noncancelable; and b. The costs would be allowable if the Agreement expired normally at the end of its Term. Section 13. Equal Employment Opportunities: The Provider shall comply with equal employment opportunities as stated in Executive Order 11246, entitled "Equal Employment Opportunity" as amended Executive Order 11375, and as supplemented in Department of Labor regulations. Section 14. Program Income: Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the Provider funded by CDBG funds shall be reported to the City and utilized by the Provider in the operation of the Program. Section 15. Religious Organization or Owned Property: CDBG funds may be used by religious organizations or on property owned by religious organizations only with prior written approval from the City Manager, and only in accordance with requirements set in 24 CFR §570.200(j). The Provider shall comply with First Amendment Church/State principles, as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. 4 / S • ~ i b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. c. It will retain its independence from Federal, State, and local governments, and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. d. The Funds shall not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that aCDBG-funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG-funded improvements. Section 16. Reversion of Assets: In the event of a termination of this Agreement, or upon expiration of the Agreement, and in addition to any and all other remedies available to the City (whether under this Agreement, or at law or in equity), the Provider shall immediately transfer to the City any Funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds. The City's receipt of any Funds on hand at the time of termination, shall not waive the City's right (nor excuse Provider's obligation) to recoup all or any portion of the Funds, as the City may deem necessary. Any real property under the Provider's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the Provider in the form of a loan) in excess of $25,000 must either: a. Be used to meet one of the national objectives in 24 CFR 570.208 (formerly section 570.901) until five years after expiration of the term of this Agreement, or for such longer period of time as determined to be appropriate by the City and as memorialized by the City and Provider in an amendment to this Agreement or such instrument as the City, at its discretion, determines appropriate; or b. If not used in accordance with the above subsection (a), the Provider shall pay to the City an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. No payment is required after the period of time specified in subsection (a). Section 17. Conformity to HUD regulations: The Provider agrees to abide by guidelines set forth by HUD for the administration and implementation of the CDBG Program, including applicable Uniform Administrative Requirements set forth in 24 CFR 570.502, and applicable federal laws and regulations in 24 CFR 570.600, et seq. In this regard, the Provider agrees that duly authorized representatives of HUD shall have access to any books, documents, papers and records of the Provider that are directly pertinent to this Agreement for the purpose of making audits, examinations, excerpts and transcriptions. The Provider shall comply with the requirements and standards of OMB Circular No. A- 122, "Cost Principles for Non-profit Organizations", or OMB Circular No. A-21, "Cost Principles for Educational Institutions" as applicable. The Provider shall comply with the following provisions of the Uniform Administrative requirements of OMB Circular A-110 ,+ .* (implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations") or the related CDBG provision, as specified in this section: a. Subpart A - "General"; b. Subpart B - "Pre-Award Requirements", except for 384.12, "Forms for Applying for Federal Assistance"; c. Subpart C - "Post-Award Requirements", except for: (1) Section 84.22, "Payment Requirements" -Grantees shall follow the standards of 33 85.20(b)(7) and 85.21 in making payments to sub-recipients; (2) Section 84.23, "Cost Sharing and Matching"; (3) Section 84.24, "Program Income" - In lieu of 3 84.24, CDBG sub-recipients shall follow 3 570.504; (4) Section 84.25, "Revision of Budget and Program Plans"; (5) Section 84.32, "Real Property" - In lieu of 384.32, CDBG sub-recipients shall follow 3 570.505; (6) Section 84.34(g), "Equipment" - In lieu of the disposition provisions of 3 84.34(g), the following applies: a. In all cases in which equipment is sold, the proceeds shall be program income (pro-rated to reflect the extent to which CDBG funds were used to acquire the equipment); and b. Equipment not needed by the sub-recipient for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; (7) Section 84.51(b), (c), (d), (e), (f), (g), and (h), "Monitoring and Reporting Program Performance"; (8) Section 84.52, "Financial Reporting"; (9) Section 84.53(b), "Retention and access requirements for records". Section 84.53(b) applies with the following exceptions: a. The retention period referenced in 3 84.53(b) pertaining to individual CDBG activities shall be four years; and b. The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award; (10) Section 84.61, "Termination" - In lieu of the provisions of 3 84.61, CDBG 6 ~~ •* subrecipients shall comply with 3 570.503(b)(7); and d. Subpart D - "After-the-Award Requirements" -except for 3 84.71, "Closeout Procedures". Section 18. Sponsorships: The Provider agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorship of the Program, research reports, and similar public notices prepared and released by the Provider for, on behalf of, and/or about the Program, shall include the statement: "FUNDED BY THE CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM" In written materials, the words "CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ADMINISTERED BY THE CITY OF MIAMI BEACH OFFICE OF REAL ESTATE HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT" shall appear in the same size letters or type as the name of the Provider. Section 19. Examination of Records: 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 CDBG Program, and all other applicable laws and regulations. This documentation shall include, but not be limited to, the following: a. Books, records and documents in accordance with generally accepted accounting principles, procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. b. Time sheets for split-funded employees, which work on more than one activity, in order to record the CDBG activity delivery cost by Program and the non-CDBG related charges. c. How the Statutory National Objective(s) as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570.209, income certifications, and written Agreements with beneficiaries, where applicable. The 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 four (4) years after expiration of this Agreement, with the following exception: if any litigation, claim or audit is started before the expiration date of the four (4) year period, the records will be maintained until all litigation, claims or audit findings involving these records are resolved. The City shall be informed in writing after closeout of this Agreement, of the address where the records are to be kept. 7 ~+ ~t Section 20. Audits and Inspections: At any time during normal business hours, and as often as the City (and/or its representatives) may deem necessary, the Provider shall make available all records, documentation, and any other data relating to all matters covered by the Agreement, for review, inspection or audit. Audits shall be conducted annually and shall be submitted to the City 180 days after the end of the Provider's fiscal year. The Provider shall comply with the requirements and standards of OMB A-133, "Audits of Institutions of High Education and Other Non-Profit Institutions" (as set forth in 24 CFR Part 45), or OMB Circular A-128, "Audits of State and Local Governments" (as set forth in 24 CFR Part 44), 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 closeout. Section 21. Indemnification/Insurance Requirements: The Provider shall indemnify and hold harmless the City, its officers, employees and agents, from any and all claims, liability, losses and causes of action which may arise out of an act, omission, negligence or misconduct on the part of the Provider, or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of Provider, pursuant to this Agreement and/or the Program. The Provider shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the City, and shall pay all costs (including attorney's fees) and judgements which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. The Provider shall not commence any work and/or services pursuant to this Agreement until all insurance required under this Section has been obtained and the City's Risk Manager has approved such insurance. In the event evidence of such insurance is not forwarded to the City's Risk Manager within thirty (30) days after the commencement date of the Term, this Agreement shall automatically terminate and become null and void, and the City shall have no obligation under the terms and conditions hereof. The Provider shall maintain and carry in full force during the Term of this Agreement, and/or throughout the duration of the Program contemplated herein, whichever is longer, the following insurance: a. General Liability Policy with coverage for Bodily Injury and Property Damage, in the amount of $1,000,000 single limit, subject to adjustment for inflation. The policy must include coverage for contractual liability to cover the above indemnification. b. Worker's Compensation and Employers Liability, as required pursuant to Florida Statutes. c. 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. Limits for such coverage shall be in the amount of $500,000, subject to adjustment for inflation. The City of Miami Beach shall be named as an additional insured under all such insurance contracts. Thirty- (30) day written notice of cancellation or substantial modification of the insurance coverage must be given to the City's Risk Manager by the Provider and its insurance company. The insurance must be furnished by insurance companies authorized ~ i ~ r to do business in the State of Florida, and approved by the City's Risk Manager. The companies must be rated no less than "B+" as to management, and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City's Risk Manager. Original Certificates of Insurance for the above coverage must be submitted to the City's Risk Manager for approval prior to any work commencing. These certificates will be kept on file in the Office of the Risk Manager, Third Floor City Hall. The City shall have the right to obtain from the Provider specimen copies of the insurance policies, in the event that submitted Certificates of Insurance are inadequate to ascertain compliance with required coverage. Compliance with the foregoing requirements shall not relieve the Provider of its obligation to indemnify and hold the City harmless, as required in this section. Section 22. 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, County and City of Miami Beach statutes, regulations, ordinances or resolutions 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 23. Venue: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, CITY AND PROVIDER EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. Section 24. Notices: All notices required under this Agreement shall be sent to the parties at the following address: City: Anna Parekh, Director Office of Real Estate, Housing and Community Development City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Provider: Stephen P. Smith, Executive Director American Veteran Newspaper, Inc. 6632 Collins Avenue Miami Beach, FL 33141 ,~ ,~ Section 25. Limitation of Liability: The City desires to enter into this Agreement only if in so doing the City can place a limit on City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $5,000. 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 $5,000. Accordingly, Provider hereby agrees that the City shall not be liable to Provider for damages in an amount in excess of $5,000, for any action or claim for breach of contract arising out of the performance or nonperformance of any obligations imposed upon the City by this Agreement. Nothing contained in this subparagraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set forth in Florida Statutes, Section 768.28. Section 26. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. [SIGNATURES TO FOLLOW] 10 ,~ ,. 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. AMERICAN VETERAN NEWSPAPER, INC. a Florida not-for-profit corporation A' ry Print Name / / ,,.._..~ Presid Sig ture r~~_ Stephen P. Smith, Executive Director Print Name and Title CITY OF MIAMI BEACH a Florida Municipal corporation ATTEST: al. City Clerk M y r R o ~~T P~-cee ~~ Print Name Matti Herrera Bower Print Name APPROVED AS TO FORM ~ LANGUAGE ~ FOR EXECUTION ~--- ~ ~ to city Alto ey(~~ ats UC' ~ F:\RHCD\$ALL\HSG-CD\MERCY\CONTRACTS\09-]0\American Veteran\CDBG Agreement-Juvenile Program -Revised 12-30-09.doc 11 CDBG AGREEMENT October 1, 2009 to September 30, 2010 ATTACHMENT I STATEMENT OF WORK AND GOALS DESCRIPTION OF PROGRAM (Include objective of the project, quantity of service to be accomplished and schedule of implementation) We are a Community Based Direct Relief Service Organization. The agency operates on the front line, distributing food to the hungry, needy and especially those who live with food insecurity issues. We coordinate with the community by networking and partnering with Social Service agencies and other NPO's and Community Based Organizations within a twenty (20) to thirty (30) mile radius from the food distribution site. We give out food and bus passes on a regular basis. We purchase commodities weekly and bi-weekly from the Daily Bread Food Bank, Costco, Jetro Foods, and several other food distributors. We distribute food from the Miami Beach site Tuesday through Friday, from 11:00 am till 3:00 pm. Our general business hours are Monday through Friday, 9:00 am to 5:00 pm. The inner city site is Monday from 11:00 am to 3:00 pm. The last week of each month, Miami-Dade Transit bus passes are issued (35) at the site. The agency provides this unique service by outsourcing to its surrounding community service agencies. The guiding principle behind the agency is that no single agency can provide the full spectrum of services required to assist those in-need or to have those become productive members of society. PROGRAM GOALS AND MEASURABLE OUTCOMES (Add as many as needed) 1. To allow each referral agency to refer a maximum of 5 clients a day (work with over 36 referral agencies). 2. Have ability to purchase more commodities (food). 3. 20 to 25 home delivered meals per week through the local Churches and volunteer drivers. 4. To continue feeding 2,250 individuals/families per year. SCHEDULE FOR IMPLEMENTATION Goal 10/2009 1]/2009 12/2009 1/2010 2/2010 3/2010 4/2010 5/2010 6/2010 7/2010 8/2010 9/2010 1 X X X X X X X X X X X X 2 X X X X X X X X X X X X 3 X X X X X X X X X X X X F:\RHCD\$ALL\HSG-CD\MERCY\CONTRACTS\09-10\American Veteran\Attachment I CDBG.doc Page 1 of 1 ,. .. CDBG AGREEMENT October 1, 2009 to September 30, 2010 ATTACHMENT II BUDGET SUMMARY SHEET Project Name: American Veteran Food Assistance Program Funding Year: 2009/2010 Provider Name: American Veteran Newspaper, Inc Category Number Category Breakdown CDBG Funds Other Funds Other Funding Sources Total Funds 1 Personnel Salaries 0 0 0 0 2 Operating Cost 0 0 0 0 3 Capital/Equipment Cost 0 0 0 0 4 Supplies Cost 0 0 0 0 5 Purchase of Food 5 000.00 25 000.00 Professional solicitations for donations to public and private sectors. Residents and businesses. 30 000.00 ' Total CDBG Funds 5,000.00 Total Other Funds 25,000.00 Grand Total 30,000.00 Page 1 of 6 CDBG AGREEMENT BUDGET ITEMIZATION SHEET Project Name: American Veteran Food Assistance Program Funding Year: 2009/2010 Provider Name: American Veteran Newspaper, Inc Cate o Amount Category Category Breakdown CDBG Other Total Funds Number Funds Funds 1 Purchase of food once a week $ 576.92 $ 5,000.00 $ 25,000.00 $ 30,000.00 $576.92 cost of food X 52 weeks = $29,999.84 Total Amount $ 30,000.00 Page 2 of 6 CDBG AGREEMENT BUDGET ITEMIZATION SHEET Propect Name: American Veteran Food Assistance Program Funding Year: 2009/2010 Provider Name: American .Veteran Newspaper, Inc Cate o Amount Category Category Breakdown CDBG Other Funds Total Funds Number Funds 2 O eratin Cost NA NA NA Total Amount NA Page 3 of 6 CDBG AGREEMENT BUDGET ITEMIZATION SHEET Project Name: American Veteran Food Assistance Program Funding Year: 2009/2010 Provider Name: American Veteran Newspaper, Inc Cate o Amount Category Category Breakdown CDBG Other Funds Total Funds Number Funds 3 Ca ital/E ui ment Cost NA NA NA Total Amount NA Page 4 of 6 ., CDBG AGREEMENT BUDGET ITEMIZATION SHEET Project Name: American Veteran Food Assistance Program Funding Year: 2009/2010 Provider Name: American Veteran Newspaper, Inc Cate o Amount Category Category Breakdown CDBG Other Funds Total Funds Number Funds 4 Su lies Cost NA NA NA . Total Amount NA Page 5 of 6 • r CDBG AGREEMENT BUDGET ITEMIZATION SHEET Project Name: American Veteran Food Assistance Program Funding Year: 2009/2010 Provider Name: American Veteran Newspaper,Inc Cate or Amount Category Category Breakdown CDBG Other Funds Total Funds Number Funds 5 Administration Cost NA NA NA Total Amount NA Page 6 of 6 ., CDBG AGREEMENT October 1, 2009 to September 30, 2010 ATTACHMENT III GUIDELINES FOR FINANCIAL MANAGEMENT OF CDBGFUNDED ACTIVITIES FINANCIAL MANAGEMENT SYSTEM To comply with federal regulations, each program must have a financial management system that provides accurate, current and complete disclosure of the financial status of the activity. This means the financial system must be capable of generating regular financial status reports which indicate the dollar amount allocated for each activity (including any budget revisions), amount obligated (i.e., for which contract exists), and the amount expended for each activity. The system must permit the comparison of actual expenditures and revenues against budgeted amounts. The City must be able to isolate and to trace every CDBG dollar received and prove where it went and for what it was used. The City is responsible for reviewing and certifying the financial management of any operating agency, which is not a City department or bureau, in order to determine whether or not it meets all of the above requirements. If the agency's system does not meet these requirements and modifications are not possible, the City must administer the CDBG funds for the operating agency. SUPPORT FOR EXPENDITURES Sufficient support for expenses depends on the type of expenditure. They normally include the following items: Salaries (should be supported by proper documentation in personnel files of hire date, position, duties, compensation, raises with effective date, termination date, and similar type information. Non- exempt employees are required by law to complete a timesheet showing number of hours they worked during the day. All employees paid in whole or in part from CDBG funds should prepare a time sheet indicating the hours worked on CDBG projects for each pay period. Based on these time sheets and the hourly payroll costs for each employee, a voucher statement indicating the distribution of payroll charges should be prepared and placed in the appropriate files.) Employee Benefits (should be supported by personnel policies and procedures manual, describing the types of benefits, eligibility and other relevant information.) • Professional Services (should be supported by a complete and signed copy of the contract between the organization and the independent contractor, describing at the minimum, period of service, type of service and method for payments, in addition to the invoice from the private contractor.) Purchases (at a minimum, purchases should be supported by a purchase order, packing list and vendor invoice. Credit card statements, travel itineraries, vendor statements and similar items do not represent support for an expense.) Page 1 of 2 . ~ • r RECORDS Accounting records .must be supported by source documentation. Invoices, bills of lading, purchase vouchers, payrolls and the like must be secured and retained for four years in order to show for what purpose funds were spent. Payments should not be made without invoices and vouchers physically in hand. All vouchers/invoices should be on vendor's letterhead. Financial records are to be retained for a period of four years, with access guaranteed to the City, to HUD or Treasury officials or their representative. AUDITS For years beginning after June 30, 1996, all nonprofit organizations, state governments, and local governments that receive Federal funding fall under the revised OMB Circular A-133, Audits of States, Local Governments, and Nonprofit Organizations. Non-Federal entities that expend $300,000 or more in a year in Federal awards must have a single or program-specific audit. One copy of the sub-recipient or vendors' audited financial statement shall be submitted to the City immediately following the end of the fiscal year(s) during which CDBG funds are received. All auditees must submit to the Federal Audit Clearinghouse (FAC) a data collection form (Form SF- SAC) and reporting package upon completion of the annual audit in accordance with OMB Circular A- 133. The deadline for this submission is the earlier of the 30 days after receipt of the auditor's report(s), or nine months after the end of the audit period, unless a longer period is agreed to in advance by the cognizant or oversight agency for the audit. Address for submission is: The Federal Audit Clearinghouse 1201 E. 10~' Street Jeffersonville, IN 47132 Phone (301) 457-1551 or (800) 253-0696 Email: ov.fac(c~census.~ov Web: htta://harvester.census. ov/sac REQUESTS FOR PAYMENTS Payments to sub-recipients will be on a reimbursement basis. Requests are to be submitted utilizing the enclosed financial status, client profile and narrative report forms, in a format consistent with the approved budget as shown in Attachment II, including an analysis of expenses to budget. A cash advance maybe available upon special request. All requests must be submitted to: Anna Parekh, Director Office of Real Estate, Housing and Community Development City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Page 2 of 2 • ~ r r CMB Budget Account 133.5446.000345 Month/Year CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FINANCIAL STATUS REPORT Provider: American Veteran Newspaper, Inc. Project Name: Food Assistance Proje Reporting Period: CDBG Year 35 FY 2009/2010 $5~00~ Budget Amount Date Submitted: Month This Month Year to Date Balance Oct-09 $ - $ - $ 5,000.00 Nov-09 $ - $ - $ 5,000.00 Dec-09 $ - $ - $ 5,000.00 Jan-10 $ - $ - $ 5,000.00 Feb-10 $ - $ - $ ~: 5,000.00 Mar-10 $ - $ - $ 5,000.00 Apr-10 $ - $ - $ 5,000.00 May-10 $ - $ - $ ~ 5,000.00 Jun-10 $ - $ - $ 5,000.00 Aug-10 $ - $ - $ 5,000.00 Aug-10 $ - $ - $ 5,000.00 Sep-10 $ - $ - $ 5,000.00 This Request Attached you will find original invoices or canceled checks plus copies of paid invoices Ito substantiate the above expenditures. I certify that all goods and services have been received, that they all fall within the contractual scope of services and budget, and that these costs have not been paid previously by any other funding source. I certify that substantially all program income received has been disbursed or will be disbursed within 3 days of this request, in accordance with the provisions at 24 CFR 570.506 and that the amount of this request is additionally needed to pay invoices as listed. Authorized Signature CMB Use Onlv) '; Name and Title of Person Submitting Report i i S a W Cm G cQ L LL V C N N Q LL r 0 C r d 7 y d N E Z d .Q a c v C d c `m O o c a ~ ~ O Z m ~ e a? o C7 ~. COO d O J '.' c e o ~ J W e M O ~! F 0 d U ; o Z t c}~ T d ~. ~ ~ O Z ~ ~ li ~ Q ~ ' ~ Q !n F - m o F- i ~ 0 0 0 0 0 0 0 0 O. 0 0 0 0 ~ a N_ ~ I O ~ O Z Z U N N_ i O S O a N = 1 O = N Z _ ~ I LL N i O 2 (O .V d N = O .? Z d t a N O Q = d L d N_ _ ~ O ~ N Y Z ~ ~ N I O C = Q _N L Q N_ = O Ctf Z ~' y f p Q _ i a% y 2 O Z C f0 N 2 O N f0 °. N = O ~ o c f6 Z = N_ O S Z j N I Z = O ~ Y O Z m a a C N_ 2 O Q a N = O C I p O Z y Q ri N x o N n N = O Q o ~ Z i G Q _N 2 O n = o ~ •= t o Z a N_ O ~j C L f0 d N C ?` ~ d .~-. ~ O Z ~ ~ ii ~ Q ~ ~ ~ Q (n H E c~ C .~-. C7 IO 8 °' O c ~ d 3 O ~ J O C ~Z n n z E 3 J N T E ~ 3 W J II II W J N 7 (0 C rn N c~ C fC Z w f0 CDBG AGREEMENT October 1, 2009 to September 30, 2010 ATTACHMENT IV APPLICABLE FEDERAL REGULATIONS I. NON-DISCRIMINATION AND EQUAL ACCESS No person in the United States shall on the grounds of race, color, na be excluded, denied benefits or subjected to discrimination under any in part by CDBG funds. The Provider must take measures to treatment, outreach and access to program resources. This al contracting, as well as to marketing and selection of program particips origin, religion or sex im funded in whole or •e non-discriminatory to employment and Fair Housing and Equal Opportunity The Provider must comply with all the following Federal laws, executive orders and regulations pertaining to fair housing and equal opportunity. They are summarized i elow: • Title VI of the Civil Rights Act of 1964, As Amended (42 USC 2000d et seq.: States that no person may be excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity receiving Federal financial assistance on the basis of race, color or national origin. The regulations implementing the Title VI Civil Rights Act provisions for HUD programs may be found in 24 CFR Part 1. • The Fair Housing Act (42 USC 3601-3620): Prohibits discrimination in the sale or rental of housing, the financing of housing or the provision of brokerage services against any person on the basis of race, color, religion, sex, national origin, handicap of familial status. Fair Housing Act implementing regulations may be found in 24 CFR Part 100-115. 12259 : Prohibits discrimination against individuals on the basis of race, color, religion, sex or national origin in the sale, rental, leasing or other disposition of iresidential property, or in the use or occupancy of housing assisted with Federal funds. Equal Opportunity in Housing regulations may be found in 24 CFR Part 107. • Age Discrimination Act of 1975, As Amended (42 USC 6101): in programs receiving Federal financial assistance. Age Discrir be found in 24 CFR Part 146. that no person shall be excluded from participation in, denied the t to discrimination under any program or activity funded with CD race, color, religion, national origin or sex. Affirmative Marketing The Provider must adopt affirmative marketing procedures and req assisted housing with five or more units. Requirements and procedures • Methods for informing the public, owners and potential tenants the Provider's policies (for example: use of the Fair Housing language); • A description of what owners and/or the Provider will do to assisted with CDBG funds; ibits age discrimination on Act regulations may pct of 1974: Requires fits of, or be subjected funds on the basis of ents for all CDBG- include: fair housing laws and or equal opportunity vely market housing Page 1 of 7 • A description of what owners and/or the Provider will do to apply for housing without special outreach; • Maintenance of records to document actions taken to units and to assess marketing effectiveness; and • A description of how efforts will be assessed and what corrective requirements are not met. persons not likely to market CDBG-assisted will be taken where Handicapped Accessibility The CDBG regulations also require adherence to the three following accessibility of Federally assisted buildings, facilities and programs. • Americans with Disabilities Act (42 USC 12131: 47 USC 155, 20 comprehensive civil rights to individuals. with disabilities in the ar accommodations, state and local government services and telecoms referred to as the ADA, also states that discrimination includes construct facilities (built for first occupancy after January 26, 1993 usable by persons with disabilities. The ADA also requires the re communication barriers that are structural in nature in existing fa. readily achievable, easily accomplishable and able to be carved o~ or expense. governing the 218 and 2251: Provides ~s of employment, public znications. The Act, also he failure to design and that are accessible to and ioval of architectural and lities. Removal must be :without much difficulty • Fair Housing Act: Multi-family dwellings must also meet the design and construction requirements at 24 CFR 100.205, which implement the Fair Housing Act (42 USC 3601-19) • Section 504: Section 504 of the Rehabilitation Act of 1973 f federally assisted programs on the basis of handicap. Section 50 ensure that "qualified individuals with handicaps" have access to p receive Federal funds. Under Section 504, recipients and subrec take actions that create unique financial and administrative border nature of the program. For any Provider principally involved in ho of the activities of the agency -- not only those directly receivin; . covered under Section .504.. Contractors or vendors are subject to only in the work they do on behalf of the Provider or the City. 'I the Federal assistance is not subject to Section 504 requirements. ~hibits discrimination in imposes requirements to >grams and activities that dents are not required to or after the fundamental ;ing or social services, all Federal assistance -- are section 504 requirements e ultimate beneficiary of • The Architectural Barriers Act of 1968 (42 USC 4151-4157): Requires certain Federal and Federally-funded buildings and other facilities to be designed, constructed or altered in accordance with standards that ensure accessibility to, and use bi, physically handicapped people. II. EMPLOYMENT AND CONTRACTING The Provider must comply with the regulations below governing employment and contracting opportunities. These concern equal opportunity, labor requirements and contracting/procurement procedures. Equal Opportunity The Provider must comply with the following regulations that employment and contracting. discrimination against any employee or applicant for employme: religion, sex or national origin. Provisions to effectuate this prohi equal opportunity for > amended: Prohibits because of race, color, ion must be included in Page 2 of 7 ., .. all construction contracts exceeding $10,000. Implementing regu CFR Part 60. • Section 3 of the Housing and Urban Development Act of 1968: R extent feasible, opportunities for training and employment arising provided to low-income persons residing in the program service extent feasible, contracts for work (all types) to be performed in c be awarded to business concerns that are located in or owned program service area. may be found at 41 sires that, to the greatest ~m CDBG funds will be a. Also, to the greatest section with CDBG will persons residing in the • Minority/Women's Business Enterprise: Under Executive Orders X11625, 12432 and 12138, the City and the Provider must prescribe procedures acceptable to HUD for a minority outreach program to ensure the inclusion, to the maximum extent possible, of minorities and women, and entities owned by minorities and women, in all contracts (see 24 CFR 85.36(e)). Labor Requirements The Provider must comply with certain regulations on wage and labor standards. In the case of Davis-Bacon and the Contract Work Hours and Safety Standards Acts, every contract for construction (in the case of residential construction, projects with eight or more units) triggers the requirements. • Davis-Bacon and Related Acts (40 USC 276(A)-7): Ensures that mechanics and laborers employed in construction work under Federally-assisted contracts are paid wages and fringe benefits equal to those that prevail in the locality where the work is performed. This act also provides for the withholding of funds to ensure compliance, ands excludes from the wage requirements apprentices enrolled in bona fide apprenticeship programs. • Contract W Provides that mechanics and laborers employed on Federally-assisted construction jobs are paid time and one-half for work in excess of 40 hours per week, and provides for the payment of liquidated damages where violations occur. This act also addresses safe and healthy working conditions. ~ .Copeland (Anti-Kickback) Act (40 USC 276c): Governs the deductions from paychecks that are allowable. Makes it a criminal offense to induce anyone employed on a Federally assisted project to relinquish any compensation to which he/she is~ entitled, and requires all contractors to submit weekly payrolls and statements of compliance! • rair Labor standards Act of 1938 As Amended (29 USC 201 et sea ): Establishes the basic minimum wage for all work and requires the payment of overtime at the rate of at least time and one-half. It also requires the payment of wages for the entire time that an employee is required or permitted to work, and establishes child labor standards. Contracting and Procurement Practices The CDBG program is subject to certain Federal procurement rules. In addition, the City and the Provider must take measures to avoid hiring debarred or suspended contractors or subrecipients and conflict-of-interest situations. Each is briefly discussed below. • Procurement: For the City, the procurement standards of 24 CFR 85.36 apply. For non-profit organizations receiving CDBG funds, the procurement requirements at 24 CFR Part 84 apply. • Conflict of Interest: The CDBG regulations require grantees (the City), state recipients and subrecipients (the Provider) to comply with two different sets of conflict-of-interest provisions. The first set of provisions comes from 24 CFR Parts X84 and 85. The second, Page 3 of 7 • . • e which applies only in cases not covered by 24 CFR Parts 84 and 85, is set forth in the CDBG regulations. Both sets of requirements are discussed below. - The provisions at 24 CFR 85.36 and 24 CFR 84.42 apply in the procurement of property and services by grantees (the City), state recipients, and subrecipients (the Provider). These regulations require the City and the Provider to maintain written standards governing the performance of their employees engaged in awarding and administering contracts. At a minimum, these standards must: - Require that no employee, officer, agent of the City or the Provider shall participate in the selection, award or administration of a contract supported by CDBG if a conflict-of-interest, either real or apparent, would be involved; - Require that employees, officers and agents of the City it the Provider not accept gratuities, favors or anything of monetary value from contractors, potential contractors or parties to subagreements; and - Stipulate provisions for penalties, sanctions or other disciplinary actions for violations of standards. A conflict would arise when any of the following has a firm selected for an award: - An employee, agent or officer of the City or the Provider; - Any member of an employee's, agent's or officer's immedia - An employee's, agent's or officer's partner; or - An organization that employs or is about to employ an em the City or the Provider. - The CDBG regulations at 24 CFR 570.611 governing conflict not covered by 24 CFR 85.36 and 24 CFR 84.42. These prc agents, consultants, officers and elected or appointed officials state recipient or subrecipient (the Provider). The regulati covered who exercises or has exercised any functions or respc CDBG activities or who is in a position to participate in information: in a family; ,agent or officer of •interest apply in cases ions cover employees, the grantee (the City), state that no person bilities with respect to visions or gain inside - May obtain a financial interest or benefit from a CDBG activity; or - Have an interest in any contract, subcontract or agreemel t for themselves or for persons with business or family ties. This requirement applies to covered persons during their tenure and for one year after leaving the grantee (the City), the state recipient or subrecipient (the Provider) entity. Upon written request, exceptions to both sets of provisions may be granted by HUD on a case-by-case only after the City has: - Disclosed the full nature of the conflict and submitted pro f that the disclosure has been made public; and - Provided a legal opinion from the City stating that there i ould be no violation of state or local law if the exception were granted. • Debarred contractors: In accordance with 24 CFR Part 5, CDBG funds may not be used to . directly or indirectly .employ, award contracts to or otherwise engage the services of any • contractor or subrecipient during any period of debarment, suspension or placement of ineligibility status. The City should check all contractors, subcontractors, lower-tier Page 4 of 7 .,~~ •r contractors or subrecipients against the Federal publication that ineligible contractors. III. ENVIRONMENTAL REQUIREMENTS The City is responsible for meeting a number of environmi environmental reviews, flood insurance, and site and neighborhood Environmental Review The City is responsible for undertaking environmental reviews requirements imposed on "recipients" in 24 CFR 58. Reviews must b for Release of Funds (RROF) submitted to HUD before CDBG funs exempt activities. Private citizens and organizations may object to the projects on certain procedural grounds relating to environmental rep 58.77). To avoid challenges, grantees (the City) and subrecipients diligent about meeting procedural requirements. Flood Insurance occ~iuii w~ oz me riooa liisaster rrotection Act of 1y73 (42 USC 41 funds shall not be provided to an area that has been identified b3 Management Agency (FEMA) as having special flood hazard, ur participating in the National Flood Insurance Program, or it has been community was designated as having special flood hazards; and Flood is IV. LEAD-BASED PAINT On September 15, 1999, the "Requirements for Notification, Evaluati< Based Paint Hazards in Federally Owned Residential Property and F Assistance; Final Rule" was published within title 24 of the Code of I 35 (24 CFR 35). The regulation was issued under sections 1012 an Lead-Based Paint Hazard Reduction Act of 1992, which is Title X Community Development Act of 1992. Sections 1012 and 1013 of T Based Paint Poisoning Prevention Act of 1971, which is the basic law in federally associated housing. The regulation sets hazard reduction requirements that give much gre; lead in house dust. Scientific research has found that exposure to common way young children become lead poisoned. Therefore, the ne testing after paint is disturbed to make sure the home is lead-safe. Spe on whether the housing is being disposed of or assisted by the federal the type and amount of financial assistance, the age of the structure, an rental or owner occupied. debarred, suspended and requirements, including in accordance with the completed, and Requests are committed for non- ~lease of funds for CDBG ew (see 24 CFR 58.70 - (the Provider) should be ~: Requires that CDBG the Federal Emergency ;ss: The community is :ss than a year since the Durance is obtained. and Reduction of Lead- ising Receiving Federal feral Regulations as part 1013 of the Residential ;n) of the Housing and e X amended the Lead- -vering lead-based paint ~r emphasis to reducing :ad in dust is the most regulation requires dust Ec requirements depend overnment, and also on whether the dwelling is PROPERTY EXEMPT FROM LEAD-BASED PAINT REGULATION. • Housing built since January 1, 1978, when lead paint was banned for residential use; • Housing exclusively for the elderly or people with disabilities, unless a child under age 6 is expected to reside there; ~ • Zero-bedroom dwellings, including efficiency apartments, single• dormitories or military barracks; • Property that has ,been found to be free of lead-based paint by a inspector; • Property where all lead-based paint has been removed; occupancy housing, lead-based paint Page 5 of 7 • ~ ~ 1 • f Unoccupied housing that will remain vacant until demolished; Non-Residential property; and Any rehabilitation or housing improvement that does not disturb a TYPES OF HOUSING SUBJECT TO 24 CFR 35 surface. • Federally-Owned housing being sold; • Housing receiving a federal subsidy that is associated with the property, rather than with the occupants (project-based assistance); • Public housing; • Housing occupied by a family (with a child) receiving tenant-based subsidy (such as a voucher or certificate); • Multifamily housing for which mortgage insurance is being sought; and • Housing receiving federal assistance for rehabilitation, reducing homelessness, and other special needs. If you want copies of the regulation or have general questions, you can call the National Lead Information Center at (800) 424-LEAD, or TDD (800) 526-5456 for the hearing impaired. You can also download the regulation and other educational materials at httn://www.hud.QOV/offices/lead/index cfin. For further information, you may call HUD at (202) 755- 1785, ext. 104, or a-mail HUD at lead reaulations(a hud.gov. V. DISPLACEMENT, RELOCATION, ACQUISITION AND REPLACEMENT OF HOUSING CDBG projects involving acquisition, rehabilitation or demolition may be subject to the provisions of the Uniform Relocation Act (L7DA). Demolition or conversion of units with CDBG funds may trigger section 104 (d) (also known as the "Barney Frank Arr. VI. COMPLIANCE WITH NATIONAL OBJECTIVE The Provider will ensure and maintain evidence that activities assistec the City of Miami Beach comply with the primary National Objecti Moderate Income Persons" and will provide services or activities that and moderate income persons. A low or moderate-income household i having an income equal to, or less than, the limits cited below. Individl are sharing the same household shall each be considered as one-person h requirements.) with CDBG funds from e, "Benefit to Low and Benefit at least 51 % low defined as: a household is who are unrelated but Low and Moderate Household Income Limits (Effective 03/09/2009) (Source: U.S. Department of Housing & Urban Development) (Note: Low-Income (80% of Median Income), Very Low-Income (50 % of Median Income), Extremely Low (30% of Median Income), Median Family Income FY 2009: $50,800) ~ Household Size Extremely Low Very Low-Income Low-Income 30% of Median 50% of Median 80% of Median 1 Person $14,150 $23,600 ~ $37,750 2 Person $16,150 $26,950 ~ $43,100 3 Person $18,200 $30,350 ~ $48,500 4 Person $20,200 $33,700 ~ $53,900 5 Person $21,800 $36,400 ~ $58,200 6 Person $23,450 $39,100 ~ $62,500 7 Person $25,050 $41,800 ~ $66,850 8 Person $26,650 $44,500 ~ $71,150 Page 6 of 7 ,,t~ ..r LOW/MODERATE INCOME DATA ...SOUTHERN TARGET AREA Census Tract Total L/M Persons Total Persons ~ % Low/Mod 40.00-5 310 448 ~ 69.20 41.01-1 614 757 ~ 81.11 41.01-2 2,137 4,002 ~ 53.40 41.01-3 810 1,511 ~ 53.61 42 10,042 13,736 ~ 73.11 43 6,728 9,582 ~ 70.21 ~ 10,774 13,244 ~ 81.35 45 1,768 2,307 ~ 76.64 TOTAL 33,183 45,587 ~ 73% L/M NORTHERN TARGET AREA Census Tract Total L/M Persons Total Persons ~ % Low/Mod 39.01-1 603 1,036 ~ 58.20 39.01-2 ~ 620 836 ~ 74.16 39.01-3 407 468 ~ 86.97 39.01-4 518 772 ~ 67.10 39.01-5 1,593 2,256 ~ 70.61 39.01-6 1,581 2,240 ~ 70.58 39.02-1 704 897 ~ 78.48 39.02-2 876 1,187 ~ 73.80 39.02-3 211 211 ~ 100.00 39.02-4 1,564 2,097 ~ 74.58 39.05-2 2,408 3,346 ~ 71.97 39.05-4 2,401 3,071 ~ 78.18 TOTAL 8,677 12,000 ~ 72% L/M F:UtHCDISALUFISG-CDIMERCY\CONTRACTS\09-10\gttachmrnt N CDBG.doc Page 7 of 7 ~ ~ i e ~ R F CERTIFICATION REGARDING LOBBYING Name of Recipient: CITY OF MIAMI BEACH Name of Sub-recipient: AMERICAN VETERAN NEWSPAPER, INC. Grant Program Name: Grant Number: B-09-MC-12-0014 CFDA Number/Title: 14218 /COMMUNITY DEVELOPMENT BL( Date: ~^ ~- ~Q l~ The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub-contracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all individuals receiving sub-awards shall certify and disclose accordingly. AMERICAN VETERAN NEWSPAPER INC. Si tore ~2 l%i~~1/ ~ 1~~~ Print Na e of Authorized Signatory Page 1 of 1 ~~ ~'~d`~ Date ~~X..~GU/~~~ ®rtie~~r Print Title of Authorized Signatory ~~~ ~ ~wR Name of Recipient: Name of Sub-recipient: Grant Program Name: Grant Number: CFDA Number/Title: Date: CITY OF MIAMI BEACH AMERIAN VETERAN NEWSPAPER, INC. B-09-MC-12-0014 / COMMUNTI'Y DE -~ ~--moo ~a The Provider shall insert in the space provided below the site(s) expected to be of work under the grant covered by the certification: Place of Performance (include street address, city, county, state, zip code for (~~3z Ca//~wr,~ «~, ~~~, r-~ 33 ~f~ AMERICAN VETERAN NEWSPAPER, INC. G' - /, ~ . Si atur ~ Date Print Nam of Authorized Signatory Print Title of A for the performance site): Q~ ~~~ec~~ ized Signatory Page 1 of 1 '+.+. ~ , ~ t ~ ~. VIT CONTRACT REFERENCE NAME OF FIRM, CORPORATION, OR ORGANIZATION NEWSPAPER, INC. AUTHORIZED AGENT COMPLETING AFFIDAVIT .S~-~ ., , POSITION '~ (K ~ C ~-1~1 U~e I.J I, ~~~-Q hC'w ~~ Swtr PHONE ~~-~ ~ ~3aG-c3~~LI duly first sworn state: That the above named form, corporation or organization is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs an i services, transportation, communications, access to facilities, renovations, and new construction. The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-336, 104 Stat 327, 42 U.S.C. 12101-12213 and 547 U.S.C. Sections 225 and 611 including Title I, Employment; Tittle II, Public Services; Title III, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions. The Rehabilitation Act of 1973: 29 U.S.C. Section 794. The Federal Transit Act, as amended: 49 U.S.C. Section 1612. The Fair Housing Act as amended: 42 U.S.C. Section 3601-3631. ~~_ Si at a Date SUBSCRIBED AND SWORN TO (or affirmed) before me on ~ a~w+.i.a ~ S ~~ ~ ~- e,. Cz R; ~ ~ He/She is persona -~ //'' (Affiant) presented "l~~ (, ~ ~ c. = ~, J J~ ~ '- 7 ~s ' ~S '~ ~ ~ © as ii (Type of identification) ~.~~ ~ 6~a (Signa a of Notary (Serial Number ' I~rC~A'ri ICt ~' MO ~cP~j (Print or Stamp N.~ of ~intzn>> _ _ Notary Public NoOq The City of Mia 11 ri~lAl complete and su ~ ~ have this Affidavit on file with t e F:\RHCD\$ALL\HSG-CDUvtERCY\CONTRACTS\09-IOWmerican Veteran\Certifications.doc Page 1 of 1 /!~ ~7, a.D/o by (Date) ly lrnown to me or has entification. 3 9s- „-,°1 3 Rion Date) firm, corporation or organization that fails to m or organization's bid or proposal or fails to Cis _