CDBG Recovery Agmt with UNIDAD6 3-0 9 aoo q_ 2~oq
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COMMUNITY DEVELOPMENT BLOCK GRANT- RECOVERY AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND
UNIDAD OF MIAMI BEACH, INC.
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This Agreement made and entered into this day of ~~ , 20 M, by and between the CITY
OF MLAMI BEACH, a Florida municipal corporation having its principal office at 1700 Convention
Center Drive, Miami Beach, Florida, 33139, (hereinafter referred to as "City"), and UNIDAD OF
MIAMI BEACH, INC., anon-for profit corporation having its principal office at 1701 Normandy
Drive, 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, on July 16, 2008, the City Commission approved Resolution No. 2008-26847
approving the One-Year Action Plan for Federal Funds for FY 2008/2009; and
WHEREAS, as a result of American Recovery and Reinvestment Act of 2009 it was
determined that the City was entitled to receive Community Development Block Grant-Recovery
(CDBG-R) funds in the amount of $467,896 to be utilized to carry out CDBG-eligible activities on an
expedited basis; and
WHEREAS, in order to receive these funds, the City, as an eligible grantee, completed a
Substantial Amendment to the One-Year Action Plan for Federal Funds for FY 2008/2009; and
WHEREAS, on June 3, 2009 the City Commission approved Resolution No. 2009-27097
approving the Substantial Amendment to the One-Year Action Plan for Federal Funds for FY
2008/2009, and providing CDBG-R funds in the amount of $391,107 to Unidad of Miami Beach, Inc.
for the North Beach Oceanfront Center, located at 7251 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 Project.
• Attachment II is a Budget Summary.
• Attachment III are the Financials for CDBG-R-funded activities.
• Attachment IV contains applicable federal regulations.
Section 2. Statement of Work: The Provider agrees to implement the Project in accordance with
Attachments I and II, and as summarized as follows:
,.
North Beach Oceanfront Center
Provider shall design and construct, on a City-owned site, located at 7251 Collins
Avenue, an oceanfront community center to serve as a comprehensive Center for
primarily low to moderate-income residents of the North Beach area. The center, which
when completed, will also be owned by the City, will have more than 8,000 square feet
of program space and 10,000 square feet of terraces and walkways. Provider will
operate, maintain, and manage the community center as a public recreational,
educational, and cultural facility, pursuant to that certain Management Agreement
between Provider and the City, dated September 6, 2006.
Section 3. Agreement Amount: The City agrees to make available THREE HUNDRED
NINETY-ONE THOUSAND ONE HUNDRED SEVEN DOLLARS ($391,107) 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 Project 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 Project progress reports to the City on the 10`" day of January, April,
July and October, respectively of each contract year, subsequent to contract execution.
As part of the report submitted in October, the Provider also agrees to include, a
comprehensive final report covering the agreed-upon Project 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 Project 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 Project, 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-R 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
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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 Project
administration and to carry out each activity in compliance with the laws and
regulations as described in 24 CFR 570 Subpart K, and CDBG-R Notice of Project
Requirements FR-5309-N-O1 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 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 be deemed to have commenced retroactively on August
1, 2009, and shall terminate on September 30, 2011, (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 tenninated 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 Project 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.
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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.
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 Project.
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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.
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 and CDBG-R
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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 3a 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 a 84.24, CDBG sub-recipients
shall follow a 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' ;
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(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 a 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
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- RECOVERY PROGRAM"
In written materials, the words
"CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK
GRANT-RECOVERY FUNDS ADMINISTERED BY THE CITY OF
MIAMI BEACH OFFICE OF REAL ESTATE, HOUSING AND
COMMUNITY DEVELOPMENT"
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.
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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.
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
[ndemnification 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
8
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
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 WANE 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:
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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: Margarita Cepeda-Leonardo, Executive Director
Unidad of Miami Beach, Inc.
1701 Normandy Drive
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 $10,000. 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 $10,000.
Accordingly, Provider hereby agrees that the City shall not be liable to Provider for
damages in an amount in excess of $10,000, 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]
l0
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.
,,.. /
i,, ,~
at re
Margarita Ceyeda-Leonardo,Executive Director
Print Name and Title
CITY OF MIAMI BEACH
a Florida Municipal Corporation
ATTESTI~I lM/l.~ ~~ ~ l~l
City Clerk Mayo
~ptgrzvt-T Q A-6L~ ~-l~'YL....
Print Name
Matti Herrera Bower
Print Name
APPROVED AS TO
FORM & LANGUAGE
ek FOR EXECUTION
~ -~ -(0
torney /~ Date
11
UNH)AD OF MIAMI BEACH, INC.
a Florida not-for-profit corporation
ATTACHMENTI
Statement of Work/Project Description
12
CDBGR AGREEMENT
UNIDAD of Miami Beach, Inc.
NORTH BEACH OCEANFRONT CENTER
ATTACHMENTI
STATEMENT OF WORK AND GOALS
DESCRIPTION OF PROGRAM
Funding is provided for the rehabilitation of a city owned site located at 7251 Collins Avenue to serve as
a comprehensive Community Center to serve the low and moderate income population in the North Beach
area.
PROGRAM GOALS AND MEASURABLE OUTCOMES
1. Complete Permitting phase
2. Prepare RFP
3. Solicit bids from eligible contractors
4. Select Contractor
5. Conduct preconstruction conference
6. Construction Phase
7. Construction Completed
SCHEDULE FOR IMPLEMENTATION
1 X X X
2 X X
3 X X
4 X
5 X
6 X X X X
1 r.
2
3
4
5
6 X X X X X X X X X
7 X
Page 1 of 1
ATTACHMENT II
Budget Summary
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CDBGR AGREEMENT
ATTACHMENT II -BUDGET SUMMARY SHEET
Project Name: North Beach Oceanfront Center Funding Year: 2008/20009
Provider Name: UNIDAD of Miami Beach, Inc.
Category Category Breakdown CDBG Funds Other Funds Other Funding Total Funds
Number Sources
$820,024 Prior yeaz City of
Miami Beach CDBG
$850,000 Prior yeaz Miami Dade
County CDBG
$190,608 FEMA Pass Through
Miami Dade Building
1 Construction Costs $391,107 $1,000,000 Better Communities $4,357,484
City of Miami Beach
$500,000 Mgmt. Agreement
2010/2011 CMB
$280,000 CDBG
$325,745 2010/2011 Miami-
Dade CDBG
$426,340 Prior yeaz City of
2 Operating Expenses Miami Beach CDBG $441,100
$14,760 FEMA Pass Throu h
Total CDBG Funds 391,107
Total Other Funds 4,407,477
Grand Total 4,798,584
Page 1 of 2
CDBGR AGREEMENT
BUDGET ITEMIZATION SHEET
Project Name: North Beach Oceanfront Center Funding Year: 2008/2009
Provider Name: UNIDAD of Miami Beach. Inc.
Cate o Amount
Category
Number Category Breakdown CDBG
Funds Other Funds Total Funds
1 CONSTRUCTION COSTS
Construction Contractor $391,107 $3,186,403 $3,577,510
Construction Insurance UNIDAD $22,400 $22,400
Construction Maintenance/Utilities $12,929 $12,929
Facilit E ui ment/Furnishin s $268,400 $268,400
Project Mana ement $476,245 $476,245
2 OPERATING EXPENSE
Architectural & Engineering $328,500 $328,500
Permits $75,000 $75,000
Pre-Construction Insurance $37,600 $37,600
Total Amount $391 107 $4 407 477 $4 798 584
Page 2 of 2
ATTACHMENT III
Project Financials/Reporting Forms
14
ATTACHMENT III
CDBGR AGREEMENT
GUIDELINES FOR FINANCIAL MANAGEMENT OF CDBGFUNDED ACTIVITIES
FINANCIAL MANAGEMENT SYSTEM
To comply with federal regulations, each program must have a fmancial 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 fmancial 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 fmancial 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 aze 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
chazges should be prepazed 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 cazd statements, travel itineraries, vendor statements, and similar items do not
represent support for an expense.)
RECORns
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 aze to be retained for a
period of four yeazs, with access guaranteed to the City, to HUD or Treasury officials or their
representative.
AUDITS
For yeazs 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 yeaz in Federal awazds must have a single orprogram-specific audit.
One copy of the sub-recipient or vendors' audited fmancial statement shall be submitted to the City
immediately following the end of the fiscal year(s) during which CDBG funds aze 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 Circulaz 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: gov.facla~census. og_v
Web: http:/lharvester.census. oe v/sac
REQUESTS FOR PAYMENTS
Payments to sub-recipients will be on a reimbursement basis. Requests are to be submitted utilizing 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, Dtrector
Office of Real Estate, Housing and Community Development
City of Miami Beach
555 17`~ Street
Miami Beach, Florida 33139
ATTACHMENT IV
Federal Regulations
IS
CERTIFICATION OF CDBGFUNDED
CONSTRUCTION/REAABILITATION PROJECTS
If the Provider anticipates using CDBG funds for construction or rehabilitation, the following
federal and City of Miami Beach requirements must be acknowledged:
A. All construction or rehabilitation plans and specifications for the project must be approved by the
city's departments of Planning, Neighborhood Services, Public Works, Building, Code Compliance,
and Fire. If the project is located in the Miami Beach Architectural District, or affects a building
listed or eligible for listing on the National Register of Historic Places, all plans and specifications
must be approved by the State Historic Preservation Office (SHPO), in accordance with the
Memorandum of Understanding between the SHPO and the City.
B. T'he City shall not be obligated to pay any funds to the project prior to the completion by the City of
an environmental review of the project, and said review is approved by any government agencies as
maybe required bylaw.
C. The Provider will assure all wages paid to construction workers by it or its subcontractors aze in
compliance with federal, state and local labor requirements. The Provider agrees to include in the
construction bid specifications in connection with this agreement the applicable Federal Wage
Determination assigned to this project by HUD. The Provider must also inform his
contractor/subcontractors that they will be required to submit documents after acity-conducted pre-
construction conference and prior to construction. Weekly and/or monthly reports must be
submitted thereafter, as required by the federal government.
D. The Provider agrees to comply with, and to assure that its subcontractors comply with, the federal
Office of Management and Budget (OMB) Circular Number A-102 Attachment E for programs
funded in whole or in part by CDBG funds; with federal OMB Circulaz A-102 Attachment O for
the procurement of supplies, equipment, construction and services; and with Federal Management
Circulaz A-87; or any other applicable OMB circular.
E. Pursuant to Section 109 of the Act, the Provider specifically agrees that no person shall be denied
the benefits of the program on the grounds of race, color, sex, religion or national origin.
F. The Provider agrees, on its own behalf and on behalf of its contractors and subcontractors, to take
affirmative action in attempting to employ low income and minority persons, as mandated by law.
G. As required by OMB Circular Number A-102, and by Florida Statutes Section 287.055,
professional services must be competitively selected. The competitive selection process must
include a public advertisement; issuance of a request for proposal and a competitive review based
on uniform criteria. Selection criteria must consider the basic qualifications, professional
competence, experience and suitability of each firm. Fees for professional services must be
requested as a fixed sum and not stated as a percentage of construction costs.
H. All documents, bid specifications, notices and construction drawings must be submitted for the
review and approval of the Neighborhood Services Department prior to public advertisement.
I. The bidding process for construction contracts must include a formal advertisement, published in
The Miami Review, Dodge Reports and The Miami Builder's Exchanee. This announcement must
include the following:
1. The date, time and place that bid documents are available, and the same information for
any pre-bid conferences and receipt of bids.
2. The requirement of bid surety in the amount of ten percent (10%) of the bid, and a
performance and payment bond equal to 100% of the award.
3. A standard statement regarding the "in whole or in part" federal funding of the project
and the various applicable federal regulations.
J. The City reserves the right to be present at the time of bid openings. If City CDBG monies are the
sole funding source, the City may require that bids be received and opened by the City's
Procurement Department.
K. The Provider agrees to submit to the City's Neighborhood Services Department all documentation
of the steps followed in the selection of professional services and construction contracts.
L. The Provider agrees to specify a time of completion and include a liquidated damage clause in all
construction contracts. Cost plus a percentage of cost, and percentage of construction cost contracts
will not be permitted.
M. If the Provider is awarded CDBG funds, other conditions and requirements will be specified in the
funding agreement.
N. The Provider agrees that it will not start construction until an official "Notice to Proceed" has been
issued.
O. Pursuant to 570.608 of the CDBG Regulations, and the new provisions in the Economic and
Community Development Act of 1974 as amended, the Provider agrees to comply with the
inspection, notification, testing and abatement procedures concerning lead-based paint.
I hereby acknowledge that I have read the specific requirements contained in this
Certification, and that eligibility of my organization's project depends upon compliance with the
requirements contained in this document.
Date
Print Title of Authorized Signatory
Print a of Authorized Signatory
CERTIFICATION OF
LEAD BASED PAINT REQUIREMENTS
APPLICABILITY:
A. The lead based paint rule applies to CDBG-funded housing activities involving construction,
purchase and rehabilitation.
B. The following housing rehabilitation activities aze excepted:
1. Emergency repairs (but not lead based paint-related emergency repairs)
2. Weatherizing
3. Water and/or sewer hookups
4. Installation of security devices
5. Facilitation of tax exempt bond issuances for funds
6. Other single-purpose activities that do not include physical repairs or remodeling of
applicable surfaces
7. Other activities that do not involve applicable surfaces and do not exceed $3,000 per unit.
INSPECTION AND TESTING REQUIREMENTS:
The Provider shall be required to test the lead content of chewable surfaces of an apartment
building to be rehabilitated, if there is a family residing in one of the units with a child under seven yeazs
of age with an identified elevated blood level condition (concentration of lead in blood of 25 micrograms
per deciliter or greater) and the building was constructed prior to 1978.
Chewable surfaces aze defined as all exterior surfaces of a residential structure, up to five feet from
the floor or ground, such as: a wall, stairs, deck, porch, railing, windows or doors that aze readily
accessible to children under seven years of age, and all interior surfaces of a residential structure.
Lead content shall be tested by using an x-ray fluorescence analyzer or other method approved by
HIID. Test readings of 1 mg/cm or higher shall be considered positive for presence of lead based paint.
REQUIRED TREATMENT:
Treatment of lead based paint conditions must be included as part of the proposed rehabilitation
work. All chewable surfaces in any room found to contain lead based paint must be treated before final
inspection and approval of work. Similarly, all exterior chewable surfaces must be treated when they aze
found to contain lead based paint.
Minimum treatment involves covering or removing the painted surfaces. Washing and repainting
without thorough removal or covering does not constitute adequate treatment.
Covering can be achieved by adding a layer of gypsum wallboard or fiberglass cloth barrier.
Depending on the wall condition, permanently attached, non-strippable wallpaper may be applied.
Covering or replacing trim surfaces is also permitted.
Removal can be accomplished by scraping, heat treatment (infrared or coil type heat guns) or
chemicals. Machine sanding and propane torch use are not allowed.
I hereby acknowledge that I have read the specific requirements for lead based paint
contained in this Certification, and understand that my organization's project eligibility depends
upon compliance with the requirements contained in this document.
UNIDAD OF MIAMI
Signature
L
Date
aro-r, ~-~ ~~~ ~evn~t~v
Print Na~1 of Authorized ignatory
Print Title of Authorized Signatory
CERTIFICATION REGARDING LOBBYING
Name of Recipient: CITY OF MIAMI BEACH
Name of Sub-recipient: UNIDAD OF MIAMI BEACH, INC.
Grant Program Name: COMMUNITY DEVELOPMENT BLOCK GRANT-RECOVERY
Date:
The undersigned certifies, to the best of his or her knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or any employee of a Member of
Congress in connection with the awazding 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.
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-awazds shall
certify and disclose accordingly.
UNIDAD OF MIAMI BEACH, INC.
Signature
Date
~A 1
1" ~ a `r _ ~ UYtC~ ~ ~~E C tt -h uL ~ ~ r'~C C 1ih2.
Print Nam f Authorized Si atory Print Title of Authorized Signatory
CERTIFICATION REGARDING DRUGFREE WORKPLACE REOUIItEMENTS
Name of Recipient: CITY OF MIAMI BEACH
Name of Sub-recipient: UNIDAD OF MIAMI BEACH, INC.
Grant Program Name: COMMUNTTY DEVELOPMENT BLOCK GRANT-RECOVERY
Date:
The Provider shall insert in the space provided below the site(s) expected to be used for the performance
of work under the grant covered by the certification:
Place of Performance (include street address, city, county, state, zip code for each site):
1 d ~ C
~(~ ~ 0~ o ~ ~~~ d y ~ r~ v~
~ ice, ~PU c ~T~l 3~3 > ~f ~
UNIDAD OF MIAMI
Signature
4 ~' ~ C~u- I~dl'lu/ jl~
~~ ~ ~~ C C,
Print N of Authorized ignatory
Date
~XPtu -~l y~P ,1~~ ~'c f t
Print Title of Authorized Signatory
ACKNOWLEDGEMENT OF DISABILITY NONDISCRIMINATION AFFIDAVIT
CONTRACT REFERENCE: CDBG CONTRACT YEAR FY 2008/2009
NAME OF FIRM, CORPORATION, OR ORGANIZATIO~~,,Nrr : UNIDAD OF MIAMI BEACH, INC.
AUTHORIZED AGENTIr COMPLETING AFFIDAVIT: I"` ~/c?Q vl ~"4 C'P;~'~ - ~~~ .-~~t~~
POSTTION: EX~cu-t~/e, ~,~r~zNL. PHONE: 3OJ- ~b7--Obi` ~
v~C'~
That ttfe above named firm, corporation or organization is in compliance with and agrees to
continue to comply with, and assure that any subcontractor, or third party contractor under this
project complies with all applicable requirements of the laws listed below including, but not limited
to, those provisions pertaining to employment, provision of programs and services, transportation,
communications, access to facilities, renovations, and new construction.
The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-336, 104 Stat 327, 42 U.S.C.
12101-12213 and 547 U.S.C. Sections 225 and 611 including Title I, Employment; Tittle II,
Public Services; Title III, Public Accommodations and Services Operated by Private Entities;
Title 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 using Act as amended: 42 U.S.C. Section 3601-3631.
Signature Date
SUBSCRIBED AND SWORN TO (or affirmed) before me on
~~ir~iri ~ Ce pP~r~
(Affiant)
presented
(Type of identification)
by
(Date)
He/She is personally lrnown to me or has
being duly first sworn state:
as identification.
~~7~ ~ 3~I3
(Serial Number)
~~i ri Z Z ~i ~~Gl ~~~ ~PL. ~ ~P 1 S ~ Zl~/ Z
(Prmt or Stamp Name of Notary) (Expiration Date __
f ,~v ~ MIRIZ2A MENENDEZ
Notary Public ~ ~d~ (State) Notary Seal ~~ " F~" : MY COMMISSION # DD762393
EXPIRES February 25, 2012
,,~~~~j1°°°~, FloddaNobrySarvica.com
The City of Miami Beach will not award a contract to an ~ 398.0, 53 ora ion or organization that fails to
complete and submit this Affidavit with the firm, corporation or organization's bid or proposal or fails to
have this Affidavit on file with the City of Miami Beach.
CERTIFICATION
Name of Recipient:
Name of Sub-recipient:
Grant Program Name:
Date:
CITY OF MIAMI BEACH
UNIDAD OF MIAMI BEACH, INC.
COMMUNITY DEVELOPMENT BLOCK GRANT-RECOVERY
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. All construction or rehabilitation plans and specifications for the project must be approved by the
City's departments of Planning, Public Works, Fire and Building, and by the City's divisions of
Community Development and Code Compliance.
2. If the project is located in the Miami Beach Architectural District, or affects a building listed or
eligible for listing on the National Register of Historic Places, all plans and specifications must be
approved by the State Historic Preservation Office (SHPO), in accordance with the Memorandum of
Understanding between4he SHPO and the City.
3. The Sub-Recipient certifies that it intends to comply with efforts to identify, evaluate and
appropriately condition project activities to avoid, minimize or mitigate adverse project impacts to
any properties listed, or which satisfy the criteria of eligibility for listing (36 CFR 60.4), in the
National Register of Historic Places.
4. Name and telephone number of individual designated to fulfill these conditions (include street
address, city, county, state, zip code and area code):
I ~~ f~i{~ ~~ ~ ~~,tt ~ ~~ C~
I hereby acknowledge that I have read the specific requirements contained in this
Certification, and that eligibility of my organization's project depends upon compliance with the
requirements contained in this document.
UNIDAD OF MIAMI BEA H, INC.
Signature
G. ~Lc ~ _ 1,~0
Print N and Title of Authorized Signatory
Date