CDBG Recovery Agmt with Teen Job CorpsR~~ ~l3/a9 aac9-~~oq7
COMMUNITY DEVELOPMENT BLOCK GRANT- RECOVERY AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND
TEEN JOB CORPS, INC.
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This Agreement made and entered into this 3~~ay of ~, 201.6, 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 TEEN JOB
CORPS, INC., anot-for-profit corporation having its principal office at 7356 Gary 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, 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 $30,000 to Teen Job Corps, Inc. for the
Teen Job Corps Program, 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. Agreemeut Documeuts: 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-R-funded activities.
• Attachment N 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:
Teen Job Corps Program
Provider shall train and provide at-risk, low-income youths (full-time students ages 14
to 18) with employment activities and vocational skills. These students from target
neighborhoods will learn job skills and perform public service job duties after school
and on weekends.
Section 3. Agreement Amount: The City agrees to make available THIRTY THOUSAND
DOLLARS ($30,000) 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, of 2010. 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
maybe 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
Agreement, and the City shall be released from any further liability to Provider under
the terms of this Agreement.
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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, and CDBG-R Notice of Program
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 January
1, 2010, and shall 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:
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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 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
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§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 HiID regulations: The Provider agrees to abide by guidelines set forth by
HUD for the administration and implementation of the CDBG Program and CDBG-R
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
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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
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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 a 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.
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.
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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
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.
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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 CNIL 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: Deborah Ruggiero, Executive Director
Teen Job Corps, Inc.
7356 Gary 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 $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]
to
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.
TEEN JOB CORPS, INC.
a Florida not-for-profit corporation
ATTEST:
Secretary i
Print Name S~ ~''~
1,~ :"`~ /
~~
Signature
r
Deborah Ruggiero, Executive Director
Print Name and Title
CITY OF MIAMI BEACH
a Florida Municipal Corporation
A~ ~ ~
City Clerk
Ro C3ctZT PA.I~et-~e/2
Print Name
May
Matti Herrera Bower
Print Name
APPROVED AS TO
FORM & LANGUAGE
tf~'FOR E~CECUTION
~ ~~_Ib
Date
11
ATTACHMENTI
Statement of WorWProject Description
12
Teen Job Corps
CDBG-R
Statement of Work
Youth Services:
Total youths served = 13
• 8 youths will receive job assignments for 8 hours weekly for a total of 28 weeks
• 5 youths will receive job assignments for 2 hours weekly for a total of 28 weeks
All program participants (full-time enrolled students, between 14 -18 years of age) will be given varying
paid assignments. They will be monitored and necessary advice and training will be provided on-site. At
the end of the program term, participants will be counseled and assisted in any follow up employment
opportunities.
The goal is to have all 13 students employed, per the hourly and weekly plan, on a continuous basis
throughout the 28 week program period.
Teen Job Corps Program Overview
The Teen Job Corps (TJC) is a positive youth development program that provides at-risk youth
employment opportunities, vocational education and training while reducing truancy and
preventing juvenile delinquency. The program brings additional income into the home, easing
the economic burden of many families. The program also prepares youths for a difficult job
mazket by providing on-the job training as part of its vocational; education program. Truancy
reported by area schools reflects a lack of youth school commitment The lack of supervised after
school activities for teens has led to delinquent behaviors, such as graffiti and vandalism, leading
to increasing numbers of juvenile arrests. The Teen Job Corps operates 52 weeks a year in the
North Beach azea of Miami Beach. The program operates after school during the week between
3:OOPM-6:OOPM, the peak hours of reported juvenile delinquency and on weekends, offering
youth employment in a difficult, adult-oriented job mazket and providing the community with
much needed services that enhance the quality of life in many low-income families in the Miami
Beach area.
The Teen Job Corps revolves azound a truancy/delinquency prevention component. Personal
income for youths or added family income serves as a very strong incentive for youths to
regularly attend school, greatly reducing truancy and increasing parent involvement in families
of program participants. The Occupational Specialist at Miami Beach Senior High School
indicates that over half the enrolled youth population at is in need of jobs to help elevate the
family income status. On-going youth employment is directly linked to regularly monitored
school attendance. Unaccepted school/class absences or any other risky behaviors will not be
tolerated by the program and may lead to termination of employment. The potential loss of
income serves as a catalyst for increased parental involvement and awareness. The combination
of truancy prevention/pazental awazeness eliminates the temptation of delinquent behaviors,
while daily school attendance aids in raising the overall grades of program participants. The TJC
Director notifies parents if any attendance or other reported behavioral problems arise. Parents
become more aware of their children's activities both during and after school as a result of the
program, doubly decreasing the temptation of risky behaviors both in and out of school. After
school supervision and school monitoring reduces the risk of youths smoking, drinking alcohol
and drug use.
Participants in the Teen Job Corps program are referred to the program via various service
groups in the Miami Beach area such as Ayuda, Miami Beach Hispanic Center, Miami Beach
Service Partnership's Success University as well as counselors in the Miami-Dade County Public
Schools/Miami Beach Feeder Pattern and the Miami Beach Police Department. All employed
participants must meet program eligibility requirements which are: 80% of the participants'
family income must fall within the very low to moderate income brackets set by the State of
Florida, participants must live in the HUD's Target Areas of Miami Beach, participants must be
currently enrolled full-time in school, attending all classes on a regulaz basis, fall between the
ages of 14-18 and be free of any court restrictions. The program also serves as a venue for youth
to fulfill community service hours both for school and service hours that are court ordered. The
youths employed by the program reflect cultural, racial and gender diversity of the area and
supervisory staffis bi-lingual.
The Teen Job Corps' comprehensive intake surveys of parents/guardians help enable the TJC
Director to refer families to other service providers in the area that maybe able to aid the family,
enabling the TJC to holistically service the entire family of the youths participating in the TJC
program. As a youth employing member of the Miami Beach Service Partnership, Teen Job
Corps also has a direct link to a vast array of family service and youth providers available to the
participants' families.
Participants employed in the program can advance in position as well as wages earned within the
program itself. Job duties such as office assistant, equipment managers, and team captain are
rotated from within the employed youth staff. This advancement expands participants' future
workforce resumes, enhancing their self-confidence, self-esteem, responsibilities and leadership
skills. Local businesses also hire TJC participants as temporary and/or permanent office workers,
restaurant help, painters and helpers for various other age appropriate tasks.
Some regular tasks performed by employed and community service youths are litter removal,
graffiti removal from area streets in the business, residential and tourist areas. Participants also
clean beach dunes, shower areas and bus stops in the area on a regular basis. The Indian Creek
waterway and the environmentally sensitive mangrove area is also cleaned on a weekly basis.
Graffiti and illegal dumping occurrences are documented by youth team leaders and reported to
the MB Police and City of Miami Beach Neighborhood Services office on a regular basis. The
TJC also participates in numerous City sponsored special events. The TJC participants also
deliver flyers for the City of Miami Beach and Miami Beach Police Department informing
residents of community events or concerns and upcoming neighborhood meetings. The program
works closely with the City of Miami Beach, providing much needed backup to city provided
services. The program also works with Miami Beach Police, serving as a venue for youth
offenders to fulfill community service hours by removing graffiti in the area or participating with
other program duties. Youths completing court required service hours might then eligible for
employment in the program provided they meet all program requirements.
The Teen Job Corps enhances area revitalization while serving as a vehicle for youths to bond
with the community itself through pro-social activities. The generally disapproving adult
perceptions of youths are altered and move in a more positive direction. T'he program serves as a
family anchor to the community through the additional youth income earned and the links
provided to other family assistance services. The Teen Job Corps raises the esteem of the
community as a whole while preventing truancy and delinquent behaviors of youths in the
program. The goal of the program is to be able to expand, increasing the number of families
served in the Miami Beach area and eventually throughout Miami-Dade County.
ATTACHMENT II
Budget Summary
13
Teen lob Corps
CDBG-R
Budget Narrative
Amount of award: $30,000.00
October 1, 2009-September 30, 2010
The amount awarded will be spent as the following:
Executive Director Direct and Indirect costs: $10,127.87
The Executive Director will receive $27.69 per hour for 9 hours weekly for 28 weeks
$6,977.88 for on-site supervisory duties (Direct cost)
Fringe 859.68
Total $7,837.56
The Executive Director will receive $27.69 per hour for 2.63 hrs for 28 weeks
$2,039.09 administrative duties
Fringe 251.22
Total $ 2,290.31
Youth Services: Total youths-13 Total costs $17,778.63
8 youths will receive $7.25 per hour for 8 hours weekly for a total of 28 weeks
for a total of $12,992.00
Total fringe of 2384.08
Total $15,376.08
5 youths will receive $7.25 per hour for 2 hours weekly for a total of 28 weeks
for a total of $2,030.00
Total fringe of 372.55
Total $2,402.55
Other direct costs total $2,536.14
DIRECT COSTS:
Position: ED 27.69 x9hrs x 28 wks (supervisory)
Fringes: 7.65% (FICA) + 3.94%(U) + .72%(wc)
Position: Yth/ 7.25hr x 8hrx 28wks
Fringes: 7.65% (FICA) + 3.94%(U) + 6.76%(wc)
Position: Yth/ 7.25hr x 8hrx 28wks
Fringes: 7.65% (FICA) + 3.94%(U) + 6.76%(wc)
Position: Yth/ 7.25hr x 8hrx 28wks
Fringes: 7.65% (FICA) + 3.94%(U) + 6.76%(wc)
Position: Yth/ 7.25hr x 8hrx 28wks
Fringes: 7.65% (FICA) + 3.94%(U) + 6.76%(wc)
Position: Yth/ 7.25hr x Shrx 28wks
Fringes: 7.65% (FICA) + 3.94%(U) + 6.76%(wc)
Position: Yth/ 7.25hr x 8hnc 28wks
Fringes: 7.65% (FICA) + 3.94%(U) + 6.76%(wc)
Position: Yth/ 7.25hr x 2hrx 28wks
Fringes: 7.65% (FICA) + 3.94%(U) + 6.76%(wc)
Position: Yth/ 7.25hr x 2hnc 28wks
Fringes: 7.65% (FICA) + 3.94%(U) + 6.76%(wc)
Position: Yth/ 7.25hr x 2hnc 28wks
Fringes: 7.65% (FICA) + 3.94%(U) + 6.76%(wc)
Position: Yth/7.25hr x 2hrx 12wks
Fringes: 7.65% (FICA) + 3.94%(U ) + 6.76%(wc)
Position: Yth/8.25hr x 2hrx 16wks
Frins~es: 7.65% (FICA) + 3.94%(U ) + 6.76%(wc)
Position: Yth/ 7.25hr x 8hrx 28wks
Fringes: 7.65% (FICA) + 3.94%(U) + 6.76%(wc)
Position: Yth/ 7.25hr x 8hrx 28wks
Fringes: 7.65% (FICA) + 3.94%(U) + 6.76%(wc)
Subtotal Salaries:
Travel
Supplies
Equipment
Contractual Services
Other Direct Costs
Subtotal Other Direct Costs;
INDIRECT COSTS:
Position: ED 27.69 x 2.63 hrs x 28 wks
Fringes: 7.65% (FICA) + 3.94%(U) + .72%(wc)
Fringes
Other Indirect Costs
Other Indirect Costs
Subtotal Indirect Costs'.
Total Operating Expenses'.
$6,977.88
$859.68
$1,624.00
$298.01
$1,624.00
$298.01
$1,624.00
$298.01
$1,624.00
$298.01
$1,624.00
$298.01
$1,624.00
$298.01
$406.00
$74.51
$406.00
$74.51
$406.00
$74.51
$174.00
$31.93
$264.00
$48.45
$1,624.00
$298.01
$1,624.00
$298.01
$25,173.55 $0.00
$0.00
$258.01 $0.00
$278.13 $0.00
$2,000.00 $0.00
$0.00
$2,536.14 $0.00
$2,039.09 $0.00
$251.22 $0.00
$0.00
$0.00
$0.00
$2,290.31 $0.00
$30,000.00 $0.00
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 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 dollaz
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 pernut the comparison of
actual expenditures and revenues against budgeted amounts. The City must be able to isolate and to trace
every CDBG dollaz 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 similaz 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 prepaze a time sheet
indicating the hours worked on CDBG prof ects 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 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 cazd statements, travel itineraries, vendor statements, and similar items do not
represent support for an expense.)
RECORDS
Accounting records must be supported by source documentation. Invoices, bills of lading, purchase
vouchers, payrolls and the like must be secured and retained for 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 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 Circulaz 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 orprogram-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 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. lOs' Street
Jeffersonville, IN 47132
Phone (301) 457-1551 or (800) 253-0696
Email: ov.fac ,census.
Web: http://harvester.census.gov/sac
REQUESTS FOR PAYMENTS
Payments to sub-recipients will be on a reimbursement basis. Requests aze 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 may be 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
555 17a' Street
Miami Beach, Florida 33139
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ATTACHMENT IV
Federal Regulations
IS
CDBG AGREEMENT
ATTACHMENT IV
APPLICABLE FEDERAL REGULATIONS
I. NON-DISCRIMINATION AND EQUAL ACCESS
No person in the United States shall on the grounds of race, color, national origin, religion or sex
be excluded, denied benefits or subjected to discrimination under any program funded in whole or
in part by CDBG funds. The Provider must take measures to ensure non-discriminatory
treatment, outreach and access to program resources. This applies to employment and
contracting, as well as to marketing and selection of program participants.
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 below:
• 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 maybe 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 maybe found in 24 CFR Part 100-115.
• Eaual Opportunity in Housing~Executive Order 11063, as amended by Executive Order
122591: Prohibits discrimination against individuals on the basis of race, color, religion, sex
or national origin in the sale, rental, leasing or other disposition of residential 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): Prohibits age discrimination
in programs receiving Federal fmancial assistance. Age Discrimination Act regulations may
be found in 24 CFR Part 146.
• Section 109 of Title I of the Housing and Community Development Act of 1974: Requires
that no person shall be excluded from participation in, denied the benefits of, or be subjected
to discrimination under any program or activity funded with CDBG funds on the basis of
race, color, religion, national origin or sex.
Affirmative Marketing
The Provider must adopt affirmative marketing procedures and requirements for all CDBG-
assisted housing with five or more units. Requirements and procedures must include:
• Methods for infornung the public, owners and potential tenants about fair housing laws and
the Provider's policies (for example: use of the Fair Housing logo or equal opportunity
language);
• A description of what owners and/or the Provider will do to affirmatively market housing
assisted with CDBG funds;
Page 1 of 7
• A description of what owners and/or the Provider will do to inform persons not likely to
apply for housing without special outreach;
• Maintenance of records to document actions taken to affirmatively market CDBG-assisted
units and to assess mazketing effectiveness; and
• A description of how efforts will be assessed and what corrective actions will be taken where
requirements are not met.
IIandicapped Accessibility
The CDBG regulations also require adherence to the three following regulations governing the
accessibility of Federally assisted buildings, facilities and programs.
• Americans with Disabilities Act (42 USC 12131: 47 USC 155, 201, 218 and 2251: Provides
comprehensive civil rights to individuals with disabilities in the azeas of employment, public
accommodations, state and local government services and telecommunications. The Act, also
referred to as the ADA, also states that discrimination includes the failure to design and
construct facilities (built for first occupancy after January 26, 1993) that aze accessible to and
usable by persons with disabilities. The ADA also requires the removal of azchitectural and
communication barriers that aze structural in nature in existing facilities. Removal must be
readily achievable, easily accomplishable and able to be carried out without much difficulty
or expense.
• 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 prohibits discrimination in
federally assisted programs on the basis of handicap. Section 504 imposes requirements to
ensure that "qualified individuals with handicaps" have access to programs and activities that
receive Federal funds. Under Section 504, recipients and subrecipients aze not required to
take actions that create unique financial and administrative burdens or after the fundamental
nature of the program. For any Provider principally involved in housing or social services, all
of the activities of the agency -- not only those directly receiving Federal assistance -- are
covered under Section 504. Contractors or vendors are subject to Section 504 requirements
only in the work they do on behalf of the Provider or the City. The ultimate beneficiary of
the Federal assistance is not subject to Section 504 requirements.
• 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 standazds that ensure accessibility to, and use by, physically handicapped
people.
II. EMPLOYMENT AND CONTRACTING
The Provider must comply with the regulations below governing employment and contracting
opportunities. These concern equal opportutty, labor requirements and contracting/procurement
procedures.
Equal Opportunity
The Provider must comply with the following regulations that ensure equal opportunity for
employment and contracting.
• Eoual Employment Opportunity, Executive Order 11246, as amended: Prohibits
discrimination against any employee or applicant for employment because of race, color,
religion, sex or national origin. Provisions to effectuate this prohibition must be included in
Page 2 of 7
all construction contracts exceeding $10,000. Implementing regulations may be found at 41
CFR Part 60.
• Section 3 of the Housing and Urban Development Act of 1968: Requires that, to the greatest
extent feasible, opportunities for training and employment arising from CDBG funds will be
provided to low-income persons residing in the program service area. Also, to the greatest
extent feasible, contracts for work (all types) to be performed in connection with CDBG will
be awarded to business concerns that are located in or owned by persons residing in the
program service area.
• Minority/Women's Business Enterprise: Under Executive Orders 11625, 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, and excludes from the wage
requirements apprentices enrolled in bona fide apprenticeship programs.
• Contract Work Hours and Safety Standards Act, as amended (40 USC 327-333): 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.
• Fair Labor Standards Act of 1938. As Amended (29 USC 201, et. seq.): 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 84 and 85. The second,
Page 3 of 7
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 aze 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 standazds
governing the performance of their employees engaged in awarding and administering
contracts. At a minimum, these standazds must:
- Require that no employee, officer, agent of the City or the Provider shall participate
in the selection, awazd 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 or 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 standazds.
A conflict would arise when any of the following has a financial or other interest in a
firm selected for an awazd:
- An employee, agent or officer of the City or the Provider;
- Any member of an employee's, agent's or officer's immediate family;
- An employee's, agent's or officer's partner; or
- An organization that employs or is about to employ an employee, agent or officer of
the City or the Provider.
- The CDBG regulations at 24 CFR 570.611 governing conflict-of-interest apply in cases
not covered by 24 CFR 85.36 and 24 CFR 84.42. These provisions cover employees,
agents, consultants, officers and elected or appointed officials of the grantee (the City),
state recipient or subrecipient (the Provider). The regulations state that no person
covered who exercises or has exercised any functions or responsibilities with respect to
CDBG activities or who is in a position to participate in decisions or gain inside
information:
- May obtain a fmancial interest or benefit from a CDBG activity; or
- Have an interest in any contract, subcontract or agreement for themselves or for
persons with business or family ties.
This requirement applies to covered persons during their tenure and for one yeaz 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 proof that the disclosure has
been made public; and
- Provided a legal opinion from the City stating that there would 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
contractors or subrecipients against the Federal publication that lists debarred, suspended and
ineligible contractors.
III. ENVIItONMENTAL REQUII2EMENTS
The City is responsible for meeting a number of environmental requirements, including
environmental reviews, flood insurance, and site and neighborhood standards.
Environmental Review
The City is responsible for undertaking environmental reviews in accordance with the
requirements imposed on "recipients" in 24 CFR 58. Reviews must be completed, and Requests
for Release of Funds (RROF) submitted to HUD before CDBG funds aze committed for non-
exempt activities. Private citizens and organizations may object to the release of funds for CDBG
projects on certain procedural grounds relating to environmental review (see 24 CFR 58.70 -
58.77). To avoid challenges, grantees (the City) and subrecipients (the Provider) should be
diligent about meeting procedural requirements.
Flood Insurance
Section 202 of the Flood Disaster Protection Act of 1973 (42 USC 4106): Requires that CDBG
funds shall not be provided to an area that has been identified by the Federal Emergency
Management Agency (FEMA) as having special flood hazard, unless: The community is
participating in the National Flood Insurance Program, or it has been less than a yeaz since the
community was designated as having special flood hazazds; and Flood insurance is obtained.
IV. LEAD-BASED PAINT
On September 15, 1999, the "Requirements for Notification, Evaluation and Reduction of Lead-
Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal
Assistance; Final Rule" was published within title 24 of the Code of Federal Regulations as part
35 (24 CFR 35). The regulation was issued under sections 1012 and 1013 of the Residential
Lead-Based Paint Hazard Reduction Act of 1992, which is Title X (ten) of the Housing and
Community Development Act of 1992. Sections 1012 and 1013 of Title X amended the Lead-
Based Paint Poisoning Prevention Act of 1971, which is the basic law covering lead-based paint
in federally associated housing.
The regulation sets hazazd reduction requirements that give much greater emphasis to reducing
lead in house dust. Scientific reseazch has found that exposure to lead in dust is the most
common way young children become lead poisoned. Therefore, the new regulation requires dust
testing after paint is disturbed to make sure the home is lead-safe. Specific requirements depend
on whether the housing is being disposed of or assisted by the federal government, and also on
the type and amount of financial assistance, the age of the structure, and whether the dwelling is
rental or owner occupied.
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-room occupancy housing,
dormitories or military barracks;
• Property that has been found to be free of lead-based paint by a certified lead-based paint
inspector;
• Property where all lead-based paint has been removed;
Page 5 of 7
• Unoccupied housing that will remain vacant until demolished;
• Non-Residential property; and
• Any rehabilitation or housing improvement that does not disturb a painted surface.
TYPES OF HOUSING SUBJECT TO 24 CFR 35
• 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
http://www.hud.gov/offices/lead/index.cfm. For further information, you may call HUD at (202) 755-
1785, ext. 104, or a-mail HUD at lead regulations cilhud.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 (UDA). Demolition or conversion of units with CDBG
funds may trigger section 104 (d) (also known as the "Barney Frank Amendment" requirements.)
VI. COMPLIANCE WITH NATIONAL OBJECTIVE
The Provider will ensure and maintain evidence that activities assisted with CDBG funds from
the City of Miami Beach comply with the primary National Objective, "Benefit to Low and
Moderate Income Persons" and will provide services or activities that benefit at least 51% low
and moderate income persons. A low or moderate-income household is defined as: a household
having an income equal to, or less than, the limits cited below. Individuals who aze unrelated but
aze sharing the same household shall each be considered as one-person households.
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
30% of Median Very Low-Income
50% of Median Low-Income
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
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
44 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
Page 7 of 7
CITY OF MIAMI BEACH
CERTIFICATION REGARDING LOBBYING
Name of Recipient: CTTY OF MIAMI BEACH
Name of Sub-recipient: TEEN JOB CORPS, INC
Grant Program Name: COMMUNITY DEVELOPMENT BLOCK GRANT -RECOVERY
Funding Year : 2008/2009
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 malting 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.
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 awazd
documents for all sub-awazds 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.
Name of Organization
gnature
~~~( CMG % C~-ze-el
Print Name of Authorized Signatory
~~~Ira
Date
Print Title of Authorized Signatory
CITY OF MIAMI BEACH
CERTIFICATION REGARDING DRUGFREE WORKPLACE REQUIItEMENTS
Name of Recipient: CITY OF MIAMI BEACH
Name of Sub-recipient: TEEN JOB CORPS, INC.
Grant Program Name: COMMUNITY DEVELOPMENT BLOCK GRANT -RECOVERY
Funding Year: 2008/2009
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):
~~~~ ~~~(~~ ~~ 33l ~(
Name of Organization
Signature
Name of Authorized Signatory
Date `
~'~ ~ , i~ ~?1~rz~,~
Print Title of Authorized Signatory
CTTY OF MIAMI BEACH
ACKNOWLEDGEMENT OF DISABILITY NONDISCRIMINATION AFFIDAVIT
CONTRACT REFERENCE COMMUNTTY DEVELOPMENT BLOCK GRANT -RECOVERY
NAME OF ORGANIZATION TEEN JOB CORPS
AUTHORIZED AGENT C,,O//M~~PLETING AFFIDAVIT ~~~~~~ ~/ ~_
POSTTION~~~~ ~ ~Ge- PHONE NUMBER (~
I, ~~n~~ ~ (~ ,being 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 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 N, 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.
~ <
t',Q/f~
.S gnature Date
SUBSCRIBED AND SWORN TO (or affirmed) before me on ~~ ~ 171 by
(Date)
~1~€~t ~ ~ (/~ . He/She is personally known to me or has
as identification.
(Type of identification)
(Signs a of otary) (Serial Number)
~~'/ ~ ~~yk~ r~ SUSAN D
V i Q.G ~, ~, EVM4E~MARTENS
(Print or Stamp Name of Notary) ~•~,'' ~~XI r2, 2010
~g7;h4h eaweaThrur~oaryauacundomme~s
Notary Public (State) Notary Seal
The City of Miami Beach will not awazd a contract to any fum, corporation 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.
'-4~at+w+.wr
'a~i F~ SUSAN Dl:1ANEMARiQ4g
•
x _ ;,,
~'
~ hnY COMMISSIOP! M DD 616346
EXPIRES
:•~~
t~• : Decertmer 2, 2010
e;~mn.,rmorHZayrun~une„w,N,,.