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Miami Beach PAL, Inc. Atli/ - 27(, y COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND MIAMI BEACH POLICE ATHLETIC LEAGUE , INC. This Agreement made and entered into this ‘Aday of t%4M 2011, 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 MIAMI BEACH POLICE ATHLETIC LEAGUE , INC., a not -for profit corporation having its principal office at 999 11 Street, Miami Beach, Florida, 33139 (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 a One -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 May 18, 2011, the City's Community Development Advisory Committee (CDAC) approved the funding recommendation of the One -Year Action Plan for Fiscal Year (FY) 2011/12 activities; and WHEREAS, in accordance with HUD regulations and the City's Citizen Participation Plan concerning the preparation of the One -Year Action Plan, the Administration held two (2) public meetings, receiving citizens' comments, and advertised a 30 -day citizen comment period, from June 14, 2011, through July 11, 2011; and WHEREAS, on July 14, 2010, the City Commission approved Resolution No. 2011 -27694 approving the One -Year Action Plan for Federal Funds for FY 2011/12, and providing CDBG funds, in the amount of $5,000, to Miami Beach Police Athletic League, Inc. for the Performance and Literacy (PAL) Program, located at 999 11 Street, Miami Beach, Florida, 33139. 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 - Statement of Work and contains a description of the Program. • Attachment II - Budget Summary. • Attachment III - Financials for CDBG- funded activities. • Attachment IV - 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: PAL Program Purchase of 25 e-book readers to enhance reading skillls for low and moderate income youth. Section 3. Agreement Amount: The City agrees to make available FIVE THOUSAND DOLLARS ($5,000) for use by the Provider during the Term of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds "). 1 Section 4. Alterations: Any proposed changes in the Program including, without limitation, the Budget in Attachment II, shall first be submitted, reviewed, and approved, in writing, by the City Manager, which approval, if given at all, shall be at his /her sole reasonable judgment and discretion. Section 5. Method of Payment and Reporting Requirements: During the Term, Provider shall submit quarterly Program progress reports to the City on the 10 day of January, April, July and October, respectively. As part of the report submitted in October, the Provider also agrees to include, a comprehensive final report covering the agreed -upon Program objectives, activities, and expenditures, and including, but not limited to, performance data on client feedback with respect to the goals and objectives outlined in Attachment I. Attachment III contains reporting forms to be used in fulfillment of this requirement. Other reporting requirements may be required by the City Manager in the event of Program changes; the need for additional information or documentation arises; and /or legislative amendments are enacted. Reports and /or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement, pursuant to Section 12 hereof. Section 6. Monitoring: At its discretion, the City may schedule at least one (1) annual on -site monitoring visit with the Provider to evaluate the progress of the Program, and /or to provide technical assistance. At the City's option, a desk top review of the activities may be conducted in lieu of an on -site visit. Section 7. Additional Conditions and Compensation: The parties acknowledge that the Funds originate from CDBG grant funds from HUD, and must be implemented in full compliance with all of HUD's rules and regulations. In the event of curtailment or non - production of said federal funds, the financial sources necessary to continue to pay the Provider all or any portions of the Funds will not be available. In that event, the City may terminate this Agreement, which termination shall be effective as of the date that it is determined by the City Manager, in his /her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, the Provider agrees that it will not look to, nor seek to hold the City, nor any individual member of the City Commission and /or City Administration, personally liable for the performance of this Agreement, and the City shall be released from any further liability to Provider under the terms of this Agreement. Section 8. Compliance with Local, State and Federal Regulations - The Provider agrees to comply with all applicable Federal regulations as they may apply to Program administration and to carry out each , activity in compliance with the laws and regulations as described in 24 CFR 570 Subpart K, as same may be amended from time to time. Additionally, the Provider will comply with all State and local (City and County) laws and ordinances hereto applicable. It shall be the Provider's sole and 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. 2 Section 11. Term: This Agreement shall commence on October 1, 2011, and terminate on September 30, 2012, (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 toF Provider for costs resulting from obligations which were not approved before th'e 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 Providers 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 asl 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 r and remedies it may have with regard to recapture of all or any portion of the Funds, or any assets acquired or improved in whole or in part with said Funds. 12.2 Termination for Cause: Notwithstanding Subsection 12.1 above, the City may also terminate this Agreement for cause. "Cause" shall include, but not be limited to, the following: a. Failure to comply and /or perform, in accordance with the terms of this Agreement, or any Federal, State, County or City law, or regulation. b. Submitting reports to the City which are late, incorrect, or incomplete in any material respect. c. Implementation of this Agreement, for any reason, is rendered impossible or infeasible. 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. 3 12.3 Termination for Lack of Funds: In the event of curtailment of, or regulatory constraints placed on the Funds by HUD, this Agreement will terminate, effective as of the time that it is determined by the City Manager that such Funds are no longer available. Costs of the ; Provider incurred after termination are not allowable unless expressly authorized in writing by the City Manager (whether in the notice of termination or subsequent thereto), and, in that case, may only be allowable if, in the sole discretion of the City Manager: a. The costs resulted from obligations which were properly incurred before the effective date of termination, were not in anticipation of it, and are noncancelable; and b. The costs would be allowable if the Agreement expired normally at the end of its Term. Section 13. Equal Employment Opportunities: The Provider shall comply with equal employment opportunities as stated in Executive Order 11246, entitled "Equal Employment Opportunity" as amended Executive Order 11375, and as supplemented in Department of Labor regulations. Section 14. Program Income: Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the Provider funded by CDBG funds shall be reported to the City and utilized by the Provider in the operation of the Program. Section 15. Religious Organization or Owned Property: CDBG funds may be used by religious organizations or on property owned by religious organizations only with prior written approval from the City Manager, and only in accordance with requirements set in 24 CFR §570.200(j). The Provider shall comply with First Amendment Church /State principles, as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. 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 a CDBG- 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 the 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. 4 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 Tess any portion of the value attributable to expenditures of non -CDBG funds for the acquisition of, or improvement to, the property. Section 17. Conformity to HUD regulations: The Provider agrees to abide by guidelines set forth by HUD for the administration and implementation of the CDBG Program, including applicable Uniform Administrative Requirements set forth in 24 CFR 570.502, and applicable federal laws and regulations in 24 CFR 570.600, et seq. In this regard, the Provider agrees that duly authorized representatives of HUD shall have access to any books, documents, papers and records of the Provider that are directly pertinent to this Agreement for the purpose of making audits, examinations, excerpts and transcriptions. The Provider shall comply with the requirements and standards of OMB Circular No. A- 122, "Cost Principles for Non - profit Organizations ", or OMB Circular No. A -21, "Cost Principles for Educational Institutions" as applicable. The Provider shall comply with the following provisions of the Uniform Administrative requirements of OMB Circular A -110 (implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals, and Other Non - Profit Organizations ") or the related CDBG provision, as specified in this section: a. Subpart A - "General "; b. Subpart B - "Pre -Award Requirements ", except for 084.12, "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 ❑ ❑ 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 ❑ 84.24, CDBG sub - recipients shall follow ❑ 570.504; (4) Section 84.25, "Revision of Budget and Program Plans"; (5) Section 84.32, "Real Property" In lieu of D84.32, CDBG sub - recipients shall follow ❑ 570.505; (6) Section 84.34(g), "Equipment" - In lieu of the disposition provisions of ❑ 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 5 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 ❑ 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 ❑ 84.61, CDBG subrecipients shall comply with ❑ 570.503(b)(7); and d. Subpart D - "After- the -Award Requirements" - except for ❑ 84.71, "Closeout Procedures ". Section 18. Sponsorships: The Provider agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of , the sponsorship of the Program, research reports, and similar public notices prepared and released by the Provider for, on behalf of, and /or about the Program, shall include the statement: "FUNDED BY THE CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM" In written materials, the words "CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ADMINISTERED BY THE CITY, OF MIAMI BEACH OFFICE OF REAL ESTATE HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT" shall appear in the same -size letters or type as the name of the Provider. Section 19. Examination of Records: The Provider shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to determine compliance with the requirements of this Agreement, the CDBG Program, and all 'other applicable laws and regulations. This documentation shall include, but not be limited to, the following: a. Books, records and documents in accordance with generally accepted accounting principles, procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. 6 b. Time sheets for split- funded employees, which work on more than one activity, in order to record the CDBG activity delivery cost by Program and the non -CDBG related charges. c. How the Statutory National Objective(s) as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570.209, income certifications, and written Agreements with beneficiaries, where applicable. The Provider is responsible for maintaining and storing all records pertinent to this Agreement in an orderly fashion in a readily accessible, permanent and secured location for a period of four (4) years after expiration of this Agreement, with the following exception: if any litigation, claim or audit is started before the expiration date of the four (4) year period, the records will be maintained until all litigation, claims or audit findings involving these records are resolved. The City shall be informed in writing after closeout of this Agreement, of the address where the records are to be kept. 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. 7 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 WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. Section 24. Notices: All notices required under this Agreement shall be sent to the parties at the following address: City: Anna Parekh, Director Office of Real Estate, Housing and Community Development City of Miami Beach 1700 Convention Center Drive, Miami Beach, FL 33139 Provider: Arthur Martineau, Executive Director 8 Miami Beach Police Athletic League, Inc. 999 11 Street Miami Beach, FL 33139 Section 25. Limitation of Liability: The City desires to enter into this Agreement only if in so doing the City can place a limit on City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $5,000. Provider hereby expresses its willingness to enter into this Agreement with Provider's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $5,000. Accordingly, Provider hereby agrees that the City shall not be liable to Provider for damages in an amount in excess of $5,000, for any action or claim for breach of contract arising out of the performance or nonperformance of any obligations imposed upon the City by this Agreement. Nothing contained in this subparagraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set forth in Florida Statutes, Section 768.28. Section 26. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. [SIGNATURES TO FOLLOW] 9 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. MIAMI BEACH POLICE ATHLETIC LEAGUE, INC. a Florida not - for - profit corporation ATTEST: / r , i } ,iL Secret? xecutive Director 0 .t 1 Officer Arthur Martineau Print Name ! Pri rN . - . Ti e CITY OF MIAMI BEACH , • `� a Florida Municipal corporation ®' `� ' ��4 ' . ATTEST: (LAA City Clerk a o T ap t 1 �-- ' Matti Herrera Bower Print Name Print Name APPROVED AS GA TO FORM & LANGUAGE FOR EXECUTION , (irj ttom . (13\1,42 =►;, s Date F: \RHCD \$ALL \HSG -CD \Brian \FY 2011 12 \Contracts \FY . 11 -12 Contracts \Miami Beach Police Athletic League, Inc\PAL CDBG Agreement 8 15 11.doc 10 CDBG AGREEMENT October 1, 2011 to September 30, 2012 ATTACHMENT I STATEMENT OF WORK AND GOALS DESCRIPTION OF PROGRAM (Include objective of the project, quantity of service to be accomplished and schedule of implementation) Performance And Literacy: The Miami Beach Police Athletic League, Inc. (PAL) will provide the use of e- readers to participants in PAL programs. The age of participants would be 5 and up, including teens and adults. PAL provides free homework help /tutoring to 100% of the participants in the PAL afterschool program, working closely with the Miami Beach Parks and Recreation Department. In order to assist Miami Beach PAL participants in school and to empower them to seek higher educational opportunities, thus making them more employable, PAL will provide electronic book readers (e- readers) and download them with electronic books (e- books). Most of our participants come from low /moderate income households. This program would put them on more of an equal playing field in the "game of life ", thus making them more employable. PROGRAM GOALS AND MEASURABLE OUTCOMES (add as many as needed) 1. The grant will be used to purchase e- readers and the Miami Beach Police Athletic League, Inc. will purchase e-books up to $5,000. E- readers should be obtained in October and no later than November. E -Books will be purchased all during the year. 2. PAL will offer the use of e- readers to children enrolled in PAL's afterschool tutoring program (5 years old +), partnering with the Miami Beach Recreation Department. This will be during the school year (September — May). 3. PAL will offer the use of e- readers to youngsters enrolled in PAL's Mentoring Program (ages 11- 18). This will be year round. 4. PAL will offer the use of e- readers to PAL participants of all ages, depending on needs. This will be year round. SCHEDULE FOR IMPLEMENTATION Goal 10/2011 11/2011 12/2011 1/2012 2/2012 3/2012 4/2012 5/2012 6/2012 7/2012 8/2012 9/2012 1 X X X X X X X X X X X X 2 X X X X X X X X X 3 X X X X X X X X X X X X 4 X X X X X X X X X X X X C: \Users \LORI \Documents \Grants \CDBG 2011 \Work and Goals Statement PAL.doc Page 1 of 2 Performance And Literacy: In order to assist Miami Beach PAL participants in school and to empower them to seek higher educational opportunities, thus making them more employable, we would like to provide electronic book readers (e- readers) such as the Kindle or Nook, and load them with electronic books (e- books). PAL has a reading library, but it is expensive to replace books with current titles, books take up a lot of physical space, and the proper maintenance of inventory is quite time consuming. Having an arsenal of e-book readers, each loaded with age appropriate reading books, would solve many issues: 5. Participants would have a nice selection of books to choose from, encouraging them to read as they would be certain to find a topic of interest to them. 6. Regardless of how many books are loaded onto the e- reader, titles or subjects would be very easy to find. 7. This PAL program would be very beneficial, especially to families who do not speak English at home, or whom English is a second language. 8. The world is moving more and more into the electronic age. Many newspapers and magazines are no longer being printed and are distributed electronically. It is sad, but true. E- readers will bring our users into this new age, thus bridging any socio- economic gaps they might normally suffer. 9. Most of our participants come from low /moderate income households. This program would put them on more of an equal playing field in the "game of life ", thus making them more employable. The Miami Beach Police Athletic League has pledged to purchase e-books and is only asking for grant funds to purchase the e- readers. MB PAL is in the position to sustain this program for many years to come. For many years, MB PAL has partnered with the Miami Beach Parks and Recreation Department and Miami Dade Schools to provide afterschool tutoring for over 130 kids each week, and educational programs for adults during hours when the building is not used for kids. This PAL program would enhance all of its educational programs and the instructors, teachers, coaches, and mentors are thrilled with the prospect of utilizing this additional tool to make learning fun and to provide important life skills. Page 2 of 2 City of Miami Beach Application fin- Federal .Funds Fiscal Year 201041 III VII. BUDGET SUMMARY SHEET, ITEMIZATION, & NARRATIVE BUDGET SUMMARY SHEET Activity Name Performance And Funding Year 2011- 12 Literacy (PAL) Agency Name Miami Beach Police Athletic League, Inc. Category CDBG Request Total Other Source of Total Funds Sources Other Funds Personnel — , $ 0 $ 0 $ 0 $ 0 Salaries Operating $ 0 $ 0 $ 0 $ 0 Capital/ Equipment $ 0 $ 0 $ 0 $ 0 Costs Other $ 5000 $ 0 $ $ 5,000 Specify: Electronic E -Book Readers Other $ 0 $ 5,000 Miami Beach $ 5,000 111 Specify: E -Books Police Athletic which are age League, Inc. appropriate for all ages Other $ $ $ $ Specify: Other $ $ I $ $ Specify: Other $ $ i $ $ Specify: s /Sr +y n ; � ?S ' w+ ; , ..�,;3 3. .4v,71044710„ - �£N y 6 °ss'.+i : SF yS JS� �. /.y':, e,� "� Y'+:>..�.:, 5 Total CDBG 5 0 00 y � P 3 : , �s ,, ii, , .�, . = ' , p, : ,, • , r . , .'yJ v, : ,:;�,.> t.. i KS "rr.' ,f /x 'P .Y�' . S. �+IS.. ' ' S � ' � J ; ? ': N .i�.Nr � J }' .s7 � % rus t ; • i;' 3 � >3' . S:, "+F , ' s > TT .1�" ��9Y'f�` F , •:�, „X''r ''' �fi �'” , �, "ff +: ' , , ,� k �s "� 3 ;Y H :k , �+ b f.. f , », S•+ j 'f N' .f. ,A #', '9 � .o': "x:�. J d ' Y � 'J. "> �9`, %vi� � /: ';.r '3:3' fa£'.Rs !�< fls Y . :� o $i 1 d;y y l +w s>cc s' v;. + � y� ` F r;#E'„ � rs. �:. z �, � �. ^' .. ' `'>`?>££y ° £' 9 !"% ..£ i<"' ' �f.. ; • >} `ra; s sdJX> S,i 'ia!/+'h, b" L% ; ' s'i 'r,' 0 'b r L'i' S'�S' .i j ` y ' F >! h � G d ',s!l £ . 3 r E3s? ¢r a.3".;.c' `§, �; : 3�" '�£' £% s: 3 +s: +y , > >" • r• S3 � : "�•�' ' . Request . s: + +; r . : ; ,, .. A .� :' - �j. � 3 3 q .y i ; ?, s +t '• ' s , s y a ksA'> •S y.' �� 'S� "/ >23' +N ,9> • ^.� 'Y>'fhfS' � S, 3 37 y f fz �k . 5 £' >9r sk � � E£ � R Jy's` � s'' •,.>' � £ ' :3" " z�� � �e ; �hr ; " , 3 �" �' ` s>.R' sy, .* .. ' ' ; s'is "``< 4• .;: :3 ' , 3. S+ 3< !„ N�� � y ` SS ' 3 'S<(r �4:1 # , ^3'n 'f' Q +5 N � �, ' s ,,. ". 'Y . , ,. . � ,:. , y ,. <r ... . .,_ . �.,.3 .;ts, .:, , "�3..., i : Pis , � >s�`:}, ";::.�T+'���� ?4.3�W . /�� ,.SF£h"ff'": 4', r,< 3. c?` ss�y�i: �. sf; s�J.'«, 9: ss/ f,'?w >' g . . . x ..hs •s •;.' . s7 , . s y ., ,, ., . + . ,zak; 'n s # X. '3' zsp; . : . , :su£ x....�.: +, +z Total s' ,,#sr. q , w : . > -- 's .y' , " <, ;, : iirtfi ' y s' +,f +'• :r �,s A " t' >Y:f ' ; � r H •r�. J °d , o. ,z s, y k . s' j y3£ £ >3s" , �z..y." , z <::, Other £ . A: 3 y< $ 5 000 £ys„ `$ y t � �, �1 # `: �" :4 + . £ / 1* ;q .. , . � .y. �. +:�, is I � #. u3 'yzs, '44' `f'g.'.s, ;;: .z�',. s:Tl`y �£�n `3 kie%�;//s„„ >�,•:$s •'� >, % ;y , > " v,Y��s,. ` % �'£`,�� %s,;s�,i ,+1+ . . ,'J+'¢' % ',% n. , #' 3.3Y..,y..°`r'r �jJ J'' H S..i'`' h+f.: a35:Y:•y ` yd..' ) ? .' > 3 " .+yz�s. .£" , >s! , 0 ,, s t;y ; ,'u• ; :.YEE. ;( 'r "y?, +y< h `' .r'iz %e r +i >E:�ff # s � . 3 Y "�s, s '% ' > �7 ^ul ssf. Funds #' >.v t+ s J ow, :J � "d£ �r �,� f >z °�� %� "�" i:3 +' + p 3 3s , a' •ssz '� �3,��% ".;' s 'S, " s�nf ��s4B' �. "' . " %�E + +£" +ri,r n� .. .. :? w #' Z a• , zs y h S i' J r r ``'�.s z s a' 3 3 s 3 s s � y i n f • . Pro h f; yy «. , A „ : ZP�.`' ,p',''',,-44 ri ect Total s•' , .,, ;, h :,".r s < , , ;s' y ; P P , „,s ,,,, C . n• iz � y . s„ i '�•, + ys .ni:,� % %�' > fi” ` s5'i ; ,s f . ' r;, # k ,'', ,. 332. ', s> :.•:P ': ; 1,,It;l'''�'•.' + t'4 . 10,000 's' , '11,:'''' s , < s%r ' +' ' q•. i s ''; S 4 "':,, `#'' y V, 4,, " 4 y P YSH ,., s� + + .�, ,,� R .& x :.s, s �' �: , �� ":£ + , % ',£ "' � >�% 'U X, ';'/10. y4..,, r , .; . # A . ' F3 fy ..,. 4 „ :7 t ' ..: s h,,.. • P ,£ i q3 s y . P . ' " " "% : ' 3%'., ,,, r'.' , z.4 % t,:":4! °' " "f .;ss. e s ' ^r ". "�' : �" +fb ; ?�:�' �:y` 'sr: '''t � 3�N�.3a a. , '�; 8 f.*,' s,.. �.�' 'q.H ,,,,,,,:',4N,; , x. £ , .•.�..6., +aJ ,s;YP3`�: .zr „`y. ;£4 : s�JS+.r +” i Please complete the following regarding the funding request above: A. Of the funding request above, what is the amount for OPERATING $ 0 COSTS (do not include salaries and fringe benefits)? B. What is the amount for PERSONNEL COSTS (include only salaries and $ 0 S fringe)? C. What is the percentage for ADMINISTRATIVE COSTS (divide B /A)? 0% 8 City of Miami Beach Application for Federal Funds Fiscal Year 2010-11 Ill BUDGET ITEMIZATION SHEET Activity Name Performance And Funding Year 2011- 12 Literacy (PAL) , Agency Name Miami Beach Police Athletic League, Inc. Detail/Itemization CDBG Funds Other Funds Totals b Sub-Cate • o or Line Item Personnel .,:, -,,,,--,,,- -4 sVr ''' P'":?. • - -..i., , ,:.,, , ,,,• I ,,„• ,, ,, „.„:„.„•0. ,•„,, ,„ ,,„:. 4 ft 4'. , .n., 4 : ... P ',,,,,, 0 ,.•:f ' r„„0 4 4,5 , / ,,,, . '''' ' ''' P I ',, 4 " , t 4 .i ,,.,. iii, T4. M .. ' , ,...t , 4. ;,' riih, 4. t 4' ';, 4 4, ' . ' ,,, P ' t 'Arr ,L, Indicate position x annual salar x FTE % for each rj,..,. t . ?",** , ,,, , q;, ; ;,n,w,,,o,ta , ,,ri n/a $ $ $ $ $ $ $ $ $ $ $ $ 0 Operat. r-qp, .7,1",Apirg wiegiSUr ing .,,, • .,,, ,„ • ; ..r., ,, ., .,, -', p 4.4, .,„ 4.. a, -,...,, , •,,.....fw .....,t, ,,,,, ..,,,e . ,,, ,,0 ., ..,..,' . 004.: .; 4 ..,,,,, ,-=,„,44 , ,4,,-4,, , , 70 l'A 4 T.Ott 0 ,f., ,o, , eTi4 ,*,,,,,,• .,.,.• .. , -.1 ,,, • ',.':' , •:t ,g3: 0, ',4, ' ., Indicate expense x pro cost :,..A.ft,,...,, ; ..4'. ' 4.1';"*. , A.:9.1.:C.t.'4?"...;' n/a $ $ $ $ $ $ 0 $ , ' $ $ 0 Capital/ Equipment Costs Indicate expense x project cost ':' ,.., .'4•PA. , i, 'Fi.• ,.4:4: ,,, $' 4 :x ,, ..,,,,,,, kti• ..goi 0:400,t4f,, 44 1 ,,,/ V. , l't ZAT.4"*,, RLV 1...,!„-:, e, ...,:t n/a $ $ $ $ , $ $ „."..,3, ', - ",:,:, - 7, ,, rp0 k t , - ,,,,,,. ,,.• •,,,, „ ,,, ,— ,,„ • - ,, ,, -• ''' ''''' ' ' ,T; : Other [Specify]: Electronic E-Book ktO i' ".g Pf:fi' ., :f. q. 344' 4r",,,•")hi,, i NkftVe '',C At V'ti'Aet': ,;- 4';';: 444 Readers . q: . A ,,, ., . 4 ,,i0v., 1 ,;.,p,,.. # . /e044 l'• 1,1' 4n i?i, ;M:filV,OAriftif . ' ' •P! , ,,,47,444, erfr.0, 1,,,, 1, ,',..',i'','"A;), Indicate expense x pro cost '%y;44.7.7eigi;Al!!!!'„-,k7,1'.!:..V..!",e3:1"0.1Nt.44,211f,"0,:.#1:01;e1gA:',Irk,g:',1;O,MakfAVINfig.# 25 x $200 $ 5,000 1 $0 5,000$ - .. , :414-..10 , 4,4.4....;:.iu,,,- ..imir: A-3 Other [Specify]: Age appropriate e- ve,, ..4 . ,.„,„, :i..0.04 zs.,4 PO.' , ; 'rq,0;*, : 1„ :.,5, 'UAW 1: : ,, '1 Afial„,42;,,t . to,k . .e,i,4e14.0,' , 0g: books ' ,wer ; ; , .,m,,, , 0 r,, : k o,, „g. ,.:. , p.Kow„.0. A 4. ''' , PARtalr % ',4'.4.'" , ,„ 00 .11 ',.". 44- .4 .V.L„,,4',.**0,aUNly ,, e'', ttale`t,': Indicate expense x pro cost .A4 , , rg , ..:, 4 . 04;4, ..— „, -: -- "s., 2,,prPr , .- ;. 0“ -;,l , :.: e - 4tP.:h . :. ....".:•0; L.: 25 x $200 worth of e-books 0$ 5,000$ 5,000$ Other [Specify]: ..: *V ,k.;:,:a4,:fe ''.4:',,' ""Y;"•;;;;; 1i. ; ''' .1 . ',..'.;, for,,,,,:,,4,",,, rl "lie 'P,:f tie' .." ''t I ,',74i 1,..i',4'!.1.,teje,LL,,, Indicate expense x pro cost , , 4:4-qtyli.', ts..,,, , r ,. .„P,,,,:„'„:0• .;e.,..'io.l .w. ''',;• 4:b; AO j.> . -;", %, 11,..,:. , •,c.,,,......,.., r ...0 , ''N:, :0z,...g,','.,W4Vi4.4,;/.."`:!•i, $ $ $ Other [Specify]: r ,.. , ,---"---...., , ,,.r . 1% ' ' ;' ,, ,p, , r' , r-, ,, , , c9" - r - ; ,, , ,, ,,,p,ry 71 .e /4 "egili , , 4,,,,, ,,... •r ..,• ,,,,,..,..,., , , , . ,, ,.... ,..„, . , • , 4' .. , . ,,s ... M4 . ;r 4 Nfl!'", Atr4 te;g . tei<V, aVe '; : 4". 4 L . 4 , 4 4 H 0 '''1 ' "'N.I -(44. ' 4 4 ' .` 4 •V,t2q , ' 4 `..frolarw: : , Indicate expense x pro • W L'A.1......Mlw„:1 • $ , , $ $ •I'•••••" - " ,, f , •••• - •';:e'••••'••- ---,. .• , •:' - . . , '•:,..!, ,, , , j,,' 4,,g , ',' + , A :6.0 %.;,, ,. Other [Specify]: -,,,, 4 A ,e, 4.01; 4: A.,C 1:4: . 4'0 - 1 -, , , , 4....' ` 1; i, 4 : t ;Ai,' ..5.; '''V',.: 1 4 ' ,, , , >, 4aVe f:;. '' •AA 4 '4 4 ' ` 7,4 gar • '. ,k• . 1 . 0 ,,,,,: r # Indicate expense x pro cost ..r' , • .,;:„,:,, .1.4„.• -•,.y...,1; 0 /,,,,:g- ,,, 4 )4,,,,t,... ' ;I: $ $ $ 4111/ Totals , $ • $ $ 9 CDBG AGREEMENT October 1, 2011 to September 30, 2012 ATTACHMENT 111 GUIDELINES FOR FINANCIAL MANAGEMENT OF CDBG- FUNDED ACTIVITIES FINANCIAL MANAGEMENT SYSTEM To comply with federal regulations, each program must have a financial management system that provides accurate, current and complete disclosure of the financial status of the activity. This means the financial system must be , capable of generating regular financial status reports which indicate the dollar amount allocated for each activity (including any budget revisions), amount obligated (i.e., for which contract exists), and the amount expended for each activity. The system must permit the comparison of actual expenditures and revenues against budgeted amounts. The City must be able to isolate and to trace every CDBG dollar received and prove where it went and for what it was used. The City is responsible for reviewing and i certifying the financial management of any operating agency, which is not a City department or bureau, in order to determine whether or not it meets all of the above requirements. If the agency's system does not meet these requirements and modifications are not possible, the City must administer the CDBG funds for the operating agency. SUPPORT FOR EXPENDITURES Sufficient support for expenses depends on the type of expenditure. They normally include the following items: • Salaries (should be supported by proper documentation in personnel files of hire date, position, duties, compensation, raises with effective date, termination date, and similar type information. Non - exempt employees are required by law to complete a timesheet showing number of hours they worked during the day. All employees paid in whole or in part from CDBG funds should prepare a time sheet indicating the hours worked on CDBG projects for each pay period. Based on these time sheets and the hourly payroll costs for each employee, a voucher statement indicating the distribution of payroll charges should be prepared and placed in the appropriate files.) • Employee Benefits (should be supported by personnel policies and procedures manual, describing the types of benefits, eligibility and other relevant information.) • Professional Services (should be supported by a complete and signed copy of the contract between the organization and the independent contractor, describing at the minimum, period of service, type of service and method for payments, in addition to the invoice from the private contractor.) • Purchases (at a minimum, purchases should be supported by a purchase order, packing list and vendor invoice. Credit card statements, travel itineraries, vendor statements and similar items do not represent support for an expense.) Page 1 of 2 RECORDS Accounting records must be supported by source; documentation. Invoices, bills of lading, purchase vouchers, payrolls and the like must be secured and retained for four years in order to show for what purpose funds were spent. Payments should not be made without invoices and vouchers physically in hand. All vouchers /invoices should be on vendor's letterhead. Financial records are to be retained for a period of four years, with access guaranteed to the City, to HUD or Treasury officials or their representative. AUDITS For years beginning after June 30, 1996, all nonprofit organizations, state governments, and local governments that receive Federal funding fall under the revised OMB Circular A -133, Audits of States, Local Governments, and Nonprofit Organizations. Non - Federal entities that expend $300,000 or more in a year in Federal awards must have a single or program - specific audit. One copy of the sub - recipient or vendors' audited financial statement shall be submitted to the City immediately following the end of the fiscal year(S) during which CDBG funds are received. All auditees must submit to the Federal Audit Clearinghouse (FAC) a data collection form (Form SF -SAC) and reporting package upon completion of the annual audit in accordance with OMB Circular A -133. The deadline for this submission is the earlier of the 30 days after receipt of the auditor's report(s), or nine months after the end of the audit period, unless a longer period is agreed to in advance by the cognizant or oversight agency for the audit. Address for submission is: The Federal Audit Clearinghouse 1201 E. 10 Street Jeffersonville, IN ;47132 Phone (301) 457 -1551 or (800) 253 -0696 Email: aov.fac census.ciov Web: http: / /harvester.census.gov /sac REQUESTS FOR PAYMENTS Payments to sub - recipients will be on a reimbursement basis. Requests are to be submitted utilizing the enclosed financial status, client profile! and narrative report forms, in a format consistent with the approved budget as shown in Attachment II, including an analysis of expenses to budget. A cash advance 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 1700 Convention Center Drive Miami Beach, Florida 33139 Page 2 of 2 CERTIFICATION REGARDING LOBBYING Name of Recipient: CITY OF MIAMI BEACH Name of Sub - recipient: Grant Program Name: COMMUNITY DEVELOPMENT BLOCK GRANT Grant Number: B- 11 -MC -12 -0014 CFDA Number/Title: 14218 / COMMUNITY DEVELOPMENT BLOCK GRANT Date: o 9/gp a 1 The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying ", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including sub - contracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all individuals receiving sub - awards shall certify and disclose accordingly. 9 Signature Date Arit lehariVEla g-xe cult tif fi_,c/or Print Name of Authorized Signatory Print Title of Authorized Signatory Page l of l CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Name of Recipient: CITY OF MIAMI BEACH Name of Sub - recipient: Grant Program Name: COMMUNITY DEVELOPMENT BLOCK GRANT Grant Number: B- 11 -MC -12 -0014 CFDA Number/Title: 14218 / COMMUNITY DEVELOPMENT BLOCK GRANT Date: 0/ Py.241 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): nrid 11 4Y Awai "Dale Arka-a4 1.6-46u-E q it 5 nz R6 fl12*fbE fZ 3'373'f 19 i .11 Signature Date t �l r J-A it L✓ flhizThIvU �- t°ciJi Areclor Print Name of Authorized Signatory Print Title of Authorized Signatory Page 1 of 1 ACKNOWLEDGEMENT OF DISABILITY NONDISCRIMINATION AFFIDAVIT CONTRACT REFERENCE CDBG CONTRACT YEAR 37, Fiscal Year 2011/2012 NAME OF FIRM, CORPORATION, OR ORGANIZATION: AUTHORIZED AGENT COMPLETING AFFIDAVIT A rM'kidr v✓. /hi4TJW&A LA POSITION c t / i D Fret - 'a d ' ' PHONE NUMBER ) i f ij qq j I, A /ZrkLr rt. MA 1T..,vv, , 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 IV, Telecommunications; and Title V, Miscellaneous Provisions. The Rehabilitation Act of 1973: 29 U.S.C. Section 794. The Federal Transit Act, as amended: 49 U.S.C. Section 1612. The Fair Housing Act as amended: 42 U.S.C. Section 3601 -3631. q//3/2 / Signature Date SUBSCRIBED AND SWORN TO (or affirmed) before me on b 4 1 (Date) / V r)-/i u r r 7t - ne4 ✓4 . He /She is personally known to me or has (Affiant) presented as identification. (Type of identification) (Signature of Notary) (Serial Number) (Print or Stamp Name of Notary) (Expiration Date) Notary Public (State) Notary Seal The City of Miami Beach will not award a contract to any firm, 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. Page 1 of 1