Community Development Block Grant Agreement with Teen Job Corps, Inc. i - cg0g0
COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND
TEEN JOB CORPS, INC.
This Agreement made and entered into this Z c day of IL b , 2016, by and
between the CITY OF MIAMI BEACH, a Florida municipal corporation having its principal office at 1700
Florida, 33139, (hereinafter referred to as "City"), and TEEN
Convention Center Drive, Miami Beach, , ( y ),
JOB CORPS, INC., a Florida not-for profit corporation having its principal office at 7356 Gary Avenue,
Miami, 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 Partnership 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 residents; and
WHEREAS, the One-Year Action Plan for FY 2015/2016 was made available to the
public for comment at City Commission meeting on July 8, 2015; and for a 30-day public review and
comment period, from July 9, through August 7, 2015.
WHEREAS, on July 8, 2015, the City Commission approved Resolution No. 2015-29080,
approving the One-Year Action Plan for Federal Funds for FY 2015/2016, and providing CDBG funds,
in the amount of THIRTY THOUSAND DOLLARS ($30,000) to Provider for Youth Employment to City
of Miami Beach residents within the City limits; and
WHEREAS, a source of employment for the program beneficiaries was the delivery of the
grocery packages to 50 food-insecure families citywide; and
WHEREAS, the Provider approached the City to request the removal of grocery delivery
as part of the youth employment services to be provided under this Agreement due to an increase on its
worker's compensation cost; and
WHEREAS, the Provider agreed to adjust the Agreement's budget to reduce it by a total
of $10,275.42 that was previously allocated as follows: $9,519.42 to cover delivery time and $756 to
cover mileage; and
WHEREAS, the City accepts the Provider's proposal and, therefore, agrees to make
available CDBG funds in the amount of NINETEEN THOUSAND SEVEN HUNDRED TWENTY SIX
DOLLARS AND SEVENTY FOUR CENTS ($19,726.74) to Provider for Youth Employment to City of
Miami Beach residents within the City limits.
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 five (5)exhibits, all of which are attached and incorporated in this Agreement:
• Exhibit A-Scope of Services
• Exhibit B- Documentation
• Exhibit C- Budget
• Exhibit D- Financial Management for CDBG-funded activities
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• Exhibit E- Release and Hold Harmless Agreement and Release Form
Section 2. Statement of Work: The Provider agrees to implement the Program in accordance with
Exhibits A and B, which Program is summarized as follows:
Youth Employment
To provide at risk low-income Miami Beach resident youth with employment training and
vocational skills.
Section 3. Agreement Amount: The City agrees to make available NINETEEN THOUSAND
SEVEN HUNDRED TWENTY SIX DOLLARS AND SEVENTY FOUR CENTS
($19,726.74) 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 Exhibit C, 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 monthly Program progress and financial reports to the City by the 10th day of each
month. As part of the report submitted in October 2016, 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 Exhibit A. Exhibit B
contains a checklist of backup documentation to be used in fulfillment of the monthly
reporting 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.
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.
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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 October 1,
2015, and shall terminate on September 30, 2016, (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 additionai portion of the Funds to be returned
to the City as a result of any unapproved or unused Funds, or incomplete Program
items, and shall provide Provider with written notice of any monies due. Said
additional monies shall be due and payable immediately upon receipt of such
notice by Provider. Notwithstanding the preceding, the City reserves any and all
legal rights and remedies it may have with regard to recapture of all or any portion
of the Funds, or any assets acquired or improved in whole or in part with said
Funds.
12.2 Termination for Cause: Notwithstanding Subsection 12.1 above, the City may
also terminate this Agreement for cause. "Cause" shall include, but not be limited
to, the following:
a. Failure to comply and/or perform, in accordance with the terms of this
Agreement, or any Federal, State, County or City law, or regulation.
b. Submitting reports to the City which are late, incorrect, or incomplete in any
material respect.
c. Implementation of this Agreement, for any reason, is rendered impossible or
infeasible.
d. Failure to respond in writing to any concerns raised by the City, including
substantiating documents when required/requested by the City.
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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, if applicable; and (iii) a reasonable cure
period, which shall be no less than thirty (30) days from notification date with
respect to Subsections 12.2(a), (b), and (d). In the event the Provider fails to cure
a default under Subsections 12.2(a), (b), and (d)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.
Notwithstanding the foregoing, with respect to Subsection 12.2 (c) and (e), the
termination for cause, as described in this section, shall be effective upon receipt of
the termination notice, without the opportunity to cure said default.
Additionally, if Provider has committed similar defaults under Subsections 12.2(a),
(b), and (d), on two or more occasions during the term of the Agreement, the
termination for cause, as described in this section, shall be effective as of the date
the second notice is sent to Provider by the City, without the opportunity to cure
said default.
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 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 CDBG funds. The City's receipt of any
Funds on hand at the time of termination, shall not waive the City's right (nor excuse
Provider's obligation) to recoup all or any portion of the Funds, as the City may deem
necessary.
Any real property under the Provider's control that was acquired or improved in whole or
in part with CDBG funds (including CDBG funds provided to the Provider in the form of a
loan) in excess of$25,000 must either:
a. Be used to meet one of the national objectives in 24 CFR 570.208(formerly section
570.901) until five years after expiration of the term of this Agreement, or for such
longer period of time as determined to be appropriate by the City and as
memorialized by the City and Provider in an amendment to this Agreement or such
instrument as the City, at its discretion, determines appropriate; or
b. If not used in accordance with the above subsection (a), the Provider shall pay to
the City an amount equal to the current market value of the property less any
portion of the value attributable to expenditures of non-CDBG funds for the
acquisition of, or improvement to, the property. No payment is required after the
period of time specified in subsection(a).
Section 17. Conformity to HUD regulations: The Provider agrees to abide by guidelines set forth by
HUD for the administration and implementation of the CDBG Program, including
applicable Uniform Administrative Requirements set forth in 24 CFR 570.502, and
applicable federal laws and regulations in 24 CFR 570.600, et seq. In this regard, the
Provider agrees that duly authorized representatives of HUD shall have access to any
books, documents, papers and records of the Provider that are directly pertinent to this
Agreement for the purpose of making audits, examinations, excerpts and transcriptions.
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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 as applicable: 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"), 24 CFR Part 85 Administrative Requirements for Grants and
Cooperative Agreements to State, Local and Federally Recognized Indian Tribal
Governments— Procurement, and/or other related CDBG provisions, as specified in this
section:
a. Subpart A-"General";
b. Subpart B - "Pre-Award Requirements", except for 84.12, "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 84.32, 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
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 five 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
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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
HOUSING AND COMMUNITY DEVELOPMENT"
shall appear in the same size letters or type as the name of the Provider.
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Section 19. Examination of Records: The Provider shall maintain sufficient records in accordance
with 24 CFR 570.502 and 570.506 to determine compliance with the requirements of this
Agreement, the CDBG Program, and all other applicable laws and regulations. This
documentation shall include, but not be limited to, the following:
a. Books, records and documents in accordance with generally accepted accounting
principles, procedures and practices, which sufficiently and properly reflect all
revenues and expenditures of funds provided directly or indirectly by this
Agreement, including matching funds and Program Income. These records shall
be maintained to the extent of such detail as will properly reflect all net costs, direct
and indirect labor, materials, equipment, supplies and services, and other costs
and expenses of whatever nature for which reimbursement is claimed under the
provisions of this Agreement.
b. Time sheets for split-funded employees, which work on more than one activity, in
order to record the CDBG activity delivery cost by Program and the non-CDBG
related charges.
c. How the Statutory National Objective(s) as defined in 24 CFR 570.208 and the
eligibility requirement(s) under which funding has been received, have been met.
These also include special requirements such as necessary and appropriate
determinations as defined in 24 CFR 570.209, income certifications, and written
Agreements with beneficiaries, where applicable.
The Provider is responsible for maintaining and storing all records pertinent to this
Agreement in an orderly fashion in a readily accessible, permanent and secured location
for a period of five (5) years after expiration of this Agreement, with the following
exception: if any litigation, claim or audit is started before the expiration date of the five
(5) 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.
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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.
Additionally, Provider shall secure the signature of all parent/legal guardians of the minor
participants on the indemnification forms attached hereto as composite Exhibit E.
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$100,000 single limit, subject to adjustment for inflation. The policy must
include coverage for contractual liability to cover the above indemnification.
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.
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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 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: Maria L. Ruiz, Department Director
Office of Housing and Community Services
Care of: Office of Community Services
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
In the event that the Provider changes the Executive Director during the term of the
Agreement, such change must be notified in writing to the City within 15 days of such
change.
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$5,000, for any action or claim for breach of contract
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arising out of the performance or nonperformance of any obligations imposed upon the
City by this Agreement. Nothing contained in this subparagraph or elsewhere in this
Agreement is in any way intended to be a waiver of the limitation placed upon City's
liability as set forth in Florida Statutes, Section 768.28.
Section 26. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors and assigns.
[SIGNATURES TO FOLLOW]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized officials on the day and date first above indicated.
TEEN JOB CORPS, INC.
a Florida not-for-profit corporation
ATTEST: I
1 //
--. V, i'Ar . �
► , / ' ,/
Secretary igna re /
(-i/1n g Deborah Ruggiero, Executive Director
Print Name Print Name and Title
qt,(Iftee
Date
CITY OF MIAMI BEACH
a Florida Municipal corporation
ATTEST: ://'
Z 2$ 1 t / , /'
Signature Signatu f /,
/7 Rafael E. Granado, City Clerk Phili,o, evi;rreMa, or
Print Name Pr',f `�
:,;>e
i�i���f Date af N / . ."'.. ge ,I -1.'""'"•)ef,"°- ' #
* ; APPROVED AS TO
9, :INCORP ORATED.: FORM & LANGUAGE
•'��s &FOR EXECUTION
Vc"-.. k/..In'1 CH 26 • City Attorney Dote
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11
EXHIBIT"A"
"SCOPE OF SERVICES"
The Sub-Recipient agrees to provide the following:
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To provide employment and vocational skills Minimum of 6 youth employed
training to at risk Miami Beach low-income youth
Related Definitions:
Davis-Bacon .Act .Compliance — The Davis-Bacon Act applies to contractors and
subcontractors performing on federally funded or assisted contracts in excess of $2,000 for the
construction, alteration, or repair(including painting and decorating) of public buildings or public
works. Davis-Bacon Act and Related Act contractors and subcontractors must pay their laborers
and mechanics employed under the contract no less than the locally prevailing wages and fringe
benefits for corresponding work on similar projects in the area. The Davis-Bacon Act directs the
Department of Labor to determine such locally prevailing wage rates. Affordable housing
rehabilitation projects of eight (8) or more units using CDBG funds must ensure Davis-Bacon
Act compliance. Affordable housing rehabilitation projects of 12 or more units using HOME
funds must ensure Davis-Bacon Act compliance. \
Environmental Review — Projects must have an Environmental Review unless they meet
criteria specified in HUD regulations that would exempt or exclude them from Request for
Release of Funds (RROF) and environmental certification requirements (24 CFR sections 58.1,
58.22, 58.34, 58.35 and 570.604).
Evidence of Procurement — A!! expenses incurred with grant funds require evidence of
procurement according to this Agreement. Please carefully rear' the Agreement and related
HUD rules to ensure compliance.
Monthly Progress Report — The Sub-Recipient is require(..: to submit a monthly project
progress report by thel0th of the following month. The report must be signed by the person who
prepared the report as well as the agency's authorizing party. The report summarizes the
progress made, expenses incurred and deliverables completed. This report must be completed
regardless of whether or not funds are requested.
Monthly Financial Report —The Sub-Recipient is required to submit a monthly financial report
by the 10th of the following month regardless of whether or not funds are requested. The report
delineates project expenses incurred including non-City funds and must include the
corresponding evidence of expense incurred for any expense which is being submitted for
reimbursement.
Monthly Proformas —All Capital projects with multiple (more than one)funding sources require
the submission of monthly proformas to the City.
Page 1 of 22
Professional Services Contracts — Professional services funded through this Agreement must
adhere to procurement guidelines as appropriate and have executed written agreements
between the Sub-Recipient and the respective Vendor. Contracts must, at a minimum, specify
the cost, timeline and scope of service. A copy of all professional service contracts must be
submitted to the City prior to reimbursement request.
Proof of Insurance — Evidence of appropriate and required insurance must be submitted prior
to contract execution. No City funds will be dispersed prior to submission of required insurance
coverage.
Retainage — All capital projects are subject to the withholding of 10 percent of appropriate
expenses in the form of a retainage. All retained funds will be released when the project fulfills
its National Objective.
Section 3 Compliance — Any Agreement greater than $200,000 that involves rehabilitation,
housing construction, or other public construction, requires that Sub-Recipient to complete and
submit to the City Form HUD 60002, Section 3 Summary Report, Economic Opportunities for
Low-and Very-Low Income Persons(OMB No. 2529-0043).
Service Deliverables
Services must be delivered as follows:
,t Service Locations;. 3x�Timefrarne
"�� . Service � �� U:nit�of Service?�� n
Eg; �;. �. s::, "�" �-v�. "vti35az .- � s ..�
����� ::+�zF� .. yc ti.s' s � �so .:"{F,�" 6?g- e-,a
E >e R �" �`ta
�,� �"���<",..<:xr., K,,u-..xs�.<.�ate.,. . ry ' .:a,h, s�. r. �:rS� �:: � ..# �r�k ,:
To provide A minimum of 6 youth Scattered sites in October 1, 2015—
employment and employed in various jobs Miami Beach September 30,
vocational skills including but not limited to: 2016
training to at risk landscaping of low-income
Miami Beach low- rental city-owned buildings,
income youth clean-up of waterways and
butterfly garden, office work to
be arranged with the City of
Miami Beach.
Service Benchmarks
_,,,:. � ,_,F, °-„-, „ r as z- <. ,� ��'� �s�' 3 � -:-u o� <` -u<�3�T"��<�`^�»-�"r�` '"ea��.Via.'-. :c�cr,
s��s �."'r'ax .ate '� �" .?S<�;> i a � _. �
.,£ sue` ''",„ " r s WT, �.'' "`�, iT'f i"wi s ;-..:"�h,,�iF ,.. �`5s �'c yam', �, 7r, ._,_ ��
��� � �: � :Serv�ce�� �° ‘�� �� .� yam. .�:: Benchmark s1J � ,�� ��E
�`� - x�T��4 �'' ��; t jai:-✓ -��Q�-'� �,�?�a .�� n'"�y�b k�„,r �:�.
,.,,...„��'�''��.t<..H?K'.=.:�. _ �... ��:;i'"�^`,.,<.s: ,�_... <x•."4��"� ,. .:�"`'�_ 4"._.r::� ..:.=ea,.._ .-'� -�•KwE�.�`i, ... .k ��1.:,,r�._ �xsar:�5��� :i`..:_.+s
To provide employment and vocational skills • Resume for each of the participants
training to at risk Miami Beach low-income • Recommendation letter from Teen Job
youth corps
• Timesheets
Page 2 of 22
Service Documentation
Services will be deemed as provided when the following documentation is provided within the
noted timeframes:
x �ervrce _ x�Docurnentat;on & is • Submission Deadline„ , :
k::sz s°':. ,,:-<, .�.��x $- ',`�' _.....,�n,'n:.:,, =.u`"3r�. -T'�.�._4}' .- .``.:��«�:• 1..�'�.:;�.s..�:;-• cam,--:�, '�,,:.'� "F�:�i 1ep .._4 -+.=�^a=".,.
To provide employment and 1. Indemnification Forms Submit Monthly Finance,
vocational skills training to 2. Intake & screening forms Accomplishment and Progress
at risk Miami Beach low- executed with consents Reports after service is
income youth 3. Daily attendance logs delivered. Reports shall be
4. Copy of payroll checks submitted within the first 10 days
5. Evidence of payment of of the following month.
payroll taxes
6. Work summary reports
7. Resumes
8. Recommendation letters
Applicable Federal Regulations
The Sub-Recipient must apply to all applicable federal regulations including:
1. 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 may be found in 24 CFR Part 1.
• The Fair Housing Act (42 USC 3601-3620): Prohibits discrimination in the sale or rental
of housing, the financing of housing or the provision of brokerage services against any
person on the basis of race, color, religion, sex, national origin, handicap or familial
status. Fair Housing Act implementing regulations may be found in 24 CFR Part 100-
115.
• Equal Opportunity in Housing (Executive Order 11063, as amended by Executive Order
12259): Prohibits discrimination against individuals on the basis of race, color, religion,
sex or national origin in the sale, rental, leasing or other disposition of residential
Page 3 of 22
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 financial 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 informing 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;
• 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 marketing effectiveness; and
• A description of how efforts will be assessed and what corrective actions will be taken
where requirements are not met.
Handicapped 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 225):
Provides comprehensive civil rights to individuals with disabilities in the areas 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 are accessible to and usable by persons with
disabilities. The ADA also requires the removal of architectural and communication
barriers that are structural in nature in existing facilities. Removal must be readily
achievable, easily accomplishable and able to be carried out without much difficulty or
expense.
•
Page 4 of 22
• 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
Sub-Recipients are 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 standards that ensure accessibility to, and use by, physically
handicapped people.
ll. Employment and Contracting
The Provider must comply with the regulations below governing employment and contracting
opportunities. These concern equal opportunity, labor requirements and
contracting/procurement procedures.
Equal Opportunity
The Provider must comply with the following regulations that ensure equal opportunity for
employment and contracting:
• Equal 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 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
Page 5 of 22
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. see.): 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 Sub-
Recipients 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 Sub-Recipients (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, which applies only in cases not covered by 24 CFR Parts 84 and 85, is set forth
in the CDBG regulations. Both sets of requirements are discussed below.
- The provisions at 24 CFR 85.36 and 24 CFR 84.42 apply in the procurement of
property and services by grantees (the City), state recipients, and Sub-Recipients
Page 6 of 22
(the Provider). These regulations require the City and the Provider to maintain
written standards . governing the performance of their employees engaged in
awarding and administering contracts. At a minimum, these standards must:
Require that no employee, officer, agent of the City or the Provider shall participate
in the selection, award or administration of a contract supported by CDBG if a
conflict-of-interest, either real or apparent, would be involved;
- Require that employees, officers and agents of the City or the Provider not accept
gratuities, favors or anything of monetary value from contractors, potential
contractors or parties to Sub-Agreements; and
- Stipulate provisions for penalties, sanctions or other disciplinary actions for violations
of standards.
A conflict would arise when any of the following has a financial or other interest in a firm
selected for an award:
- An employee, agent or officer of the City or the Provider;
- Any member of an employee's, agent's or officer's 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 financial 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 year after leaving
the grantee (the City), the state recipient or Sub-Recipient (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
Page 7 of 22
- 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 Sub-Recipient during any period of debarment, suspension or
placement of ineligibility status. The City should check all contractors, subcontractors,
lower-tier contractors or Sub-Recipients against the Federal publication that lists
debarred, suspended and ineligible contractors.
Ill. Environmental Requirements
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 are 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 Sub-Recipients (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
li
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 year since the
community was designated as having special flood hazards; 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 hazard reduction requirements that give much greater emphasis to reducing
lead in house dust. Scientific research has found that exposure to lead in dust is the most
common way young children become lead poisoned. Therefore, the new regulation requires
Page 8 of 22
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.
On April 22, 2008, the EPA issued a rule requiring the use of lead-safe practices and other
actions aimed at preventing lead poisoning to protect against the hazards created by exposure
to lead dust in existing structures built prior to 1978. Under the rule, all contractors performing
renovation, repair and painting projects that disturb lead-based paint in homes, child care
facilities, and schools built before 1978 must be certified and follow specific work practices to
prevent lead contamination. This rule (40 CFR Part 745) is enforced as of April 22, 2010. The
rule must be executed by all sub-contractors.
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;
• 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:
• Federaily-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.qov/offices/lead/index.cfm. For further information, you may call HUD at (202)
755-1785, ext. 104, or e-mail HUD at lead requlationsCa�hud.gov.
Page 9 of 22
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 are
unrelated but are sharing the same household shall each be considered as one-person
households.
Low and Moderate Household Income Limits
(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)
HUD Income Limits for FY 2015
Median Income for Miami-Dade Area = $49,900
Effective date 03/06/2015
°..Y�� �.''� � -.�,,� �. :-�.-- x tt.•:a y� �:.�- "?f�r-:r°°n.:
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x» r^ s ...fi shy
,arm-- <��v �_...�«�`��- �,:t�{ ;.:2 �`�° ��� 3 -� �` � �:-,,.<�_'�����• aS�,F`� :;,-���;•.6 ��_ � _��.,��7 ,
°.`.':,kr rysz.•t,. - ,-rte, �, _.i`.?' s�^e yr s*x ma`3',eb �` "'�".'rm-�a n , zt a=£-=e 5 .szy. e -,..,� te, _,k k
person Person Person� .Person� Person=;'rPe.rson�z= Person �Person
w?;:. --s -, :'" �;. :s . �?fix-May �z.-_.��_.az ..F,.,...z. �c,,...� '� -.7• me?.." -x�-;y �4�- •�
.•�: r z x '° ��' . �s '•�� max- °-#;,:��� �� 2' �"'�; �s '�3= i:' :�'e- PCa. "a�� �x e�£�a.�:' L'
>` PMr.��:�c,a�.�x�;:....s,dr�•� :X .�a:�ar::.w.s�..�'.�,r-N..-�ta.�,-,&�a,a�r. .. ..,..',,.rt�, s.�.,:...-�..9�fi'�.ym ,...
-�L�mits
$14,250 $16,250 $20,090 $24,250 $28,410 $32,570 $36,730 $40,890
Low $23,700 $27,100 $30,500 $33,850 $36,600 $39,300 $42,000 $44,700
;Income
$37,950 $43,350 $48,750 $54,150 $58,500 $62,850 $67,150 $71,500
Income .
Change Orders/Budget Amendments
The goal should be to limit the use of Change Orders or Budget Amendments. Change Orders
and Budget Amendments require prior written approval by the City Manager.
Page 10 of 22
To request a Change Order or Budget Amendment, a written request for changes must be
submitted to your Grant Monitor delineating the changes and providing a detailed justification for
making the request. Approvals of any changes are at the sole discretion of the City Manager.
No budget amendment will be processed after June 30, 2015 for Public Service Projects. No
budget amendment will be processed for Capital Projects Budgets after eighty (80) percent of
the available funds have been drawn.
Budget amendments or Change Orders that deviate from the original scope will be rejected and
the funds in question may be subject to recapture at the sole discretion of the City Manager.
Compliance with Local Rules, Regulations, Ordinances and
Laws
The Sub-Recipient must remain incompliance with all local rules, regulations, ordinances and
laws (including having an active business license) in addition to those specified in the body of
the Agreement. In addition, the Sub-Recipient must not owe any monies to the City at the time
of Agreement execution or final release of grant funds.
The City will verify with the Finance Department to ensure that no monies are due the City prior
to Agreement execution.
Employee/ Contractor File Review
The following documentation must be included in the Sub-Recipient's employee/contractor file
for those employees/contractors providing services under this contract.
The following must be included in the employee files:
• Employment Application
• Evidence of degree/credentials
• Job Description Signed by Employee
• Evidence of Required Experience
• Florida Background Criminal Screening, if applicable
• National FBI Background Criminal Screening (Level 2), if applicable
• Affidavit of Good Moral Character, if applicable
• Proof of Knowledge of Policies & Procedures, if applicable
• 1-9 Verification on File
The City reserves the right to inspect those employee/contractor files whose salaries are funded
in part or in whole by its funds.
Page 11 of 22
Evaluation
In its continuing effort to ensure contract compliance and performance, the City will evaluate the
Sub-Recipient in its fulfillment of the terms of this agreement including, but not limited to, the
following measures:
• Agreement compliance
• Leverage and fiscal soundness
• Accuracy and timeliness of Monthly Progress Reports
• Accuracy and timeliness of Monthly Financial Reports
• Adherence to project timelines
• Fulfillment of prescribed outcomes
Fiscal Stability
The Sub-Recipient is required to maintain fiscal stability throughout the terms of this Agreement.
This is to ensure the Sub-Recipient's ability to fulfill the terms of this Agreement and meeting of
the National Objective.
For affordable housing developers, fiscal stability policies are encouraged in anticipation of
additional HUD guidance regarding fiscal oversight for rental projects. More so, as projects have
extended lives, fiscal stability underscores the long-term viability of the housing units.
Leverage
For HOME-funded projects, the Sub-Recipient must demonstrate the commitment of other
sources of funds committed to the City-funded project. Furthermore, all other identified funds
must be in place prior to the use of HOME funds.
The documentation that demonstrates this fiscal leverage is the Subsidy Layering Review and
underwriting.
•
Monitoring & Performance Reviews
The City reserves the right to inspect, monitor and/or audit the Sub-Recipient to ensure
contractual compliance. This includes, but is not limited to:
• Review of on-site service delivery
• Inspection and review of client, budgetary and employee files (for those employees
providing services under this Agreement)
Monitoring visits will take place within 120 days of the commencement of services. The City will
notify the Sub-Recipient a minimum of three (3) business days prior to a monitoring visit.
Page 12 of 22
Performance Ratings
The Sub-Recipient agrees that its Performance Rating, the score awarded for performance on
the following measures, will be posted on the City's website on an annual basis:
• Timely and accurate submission of Monthly Progress Report
• Timely and accurate submissions of Monthly Financial Reports (reimbursement
requests)
• Delivery of contracted service units
Ratings will be given for each performance measure based on the following:
24;;;'
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r
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4 x?' .. ,. s .�t�° .c' 4 ^�s. nts d�a�s?'�^. .t i-�"� " <<
Timely and accurate submission of Monthly ➢ "0"for failing to submit on time
Progress Report ➢ "25"for submitting on time I�
submissions of Monthly ➢ "0" for failing to submit accurate report with
Timely and accurate y g p
Financial Report(reimbursement requests) back-up material on time
➢ "25"for submitting accurate report on time
Delivery of contracted service units within Possible score of 0 to 50 based upon
contracted timeframe completion of projected service units. Score is
pro-rated if total projected service units are
not met.
Proformas
Capital projects must submit certified monthly proformas that indicate project funding sources
and correlating uses. Proformas must be certified by the preparing party as well as the agency's
signatory as reflected within this Agreement.
Reporting Requirements
The Contractor will provide the City with a Monthly Progress Report and Monthly Financial
Report by the 10th of the following month. In the event that the 10th of the month lands on a
Saturday, Sunday or holiday, the report must be submitted the following business day.
The following chart depicts the submission dates for the term of this Agreement:
Month �� Date. Or Submission
i ks� `.g�a-z-
Janua 2016 Februa 10, 2016
Februa 2016 March 10, 2016
March 2016 April 11, 2016
A•ril 2016 Ma 10, 2016
Ma 2016 June 10, 2016
Page 13 of 22
June 2016 July 11, 2016
July 2016 August 10, 2016
August 2016 September 12, 2016
September 2016 October 10, 2016
Monthly reports will be submitted via any of the following methods:
• Standard mail
• Hand delivery
Monthly reports will not be considered acceptable unless the following is met:
• Forms are completely and accurately filled
• Necessary back-up materials are included (evidence of expense incurred, invoices, time
logs, executed AIA Forms, etc.)
• Reports bear the signature of the person preparing the report and the Sub-Recipient's
authorized signatory
Monthly Progress Reports should encapsulate a project's progress in alignment with the funds
expended.
Rent Roll Submissions
Sub-Recipients using City funds for the creation or rehabilitation of affordable housing must
submit tenant rent rolls within thirty (30) days of meeting the National Objective and every year
thereafter for minimum of fifteen years �r. adherence{ter,rr\r.r,� ...:+h +hr. affordability period
1het eat ter for a minimum of I iI teen (1 5) years in adheI ence VViU 1 the al lot dabilily period required
with use of these funds. For completed projects, certified tenant rolls must be submitted
annually by November 1St. Tenant rolls must be certified by the Sub-Recipient Agency's
authorized signatory.
Those projects with a longer affordability period require annual tenant rolls for the period of
affordability established in the City's Restrictive Covenant and/or mortgage. These tenant rolls
must be submitted by November 1st of each year of affordability. Tenant rolls must be certified
by the Sub-Recipient Agency's authorized signatory.
Retainage
All capital projects utilizing HUD funds are subject to a ten (10) percent retainage that will not be
released until the National Objective is met. Retainage will be held as appropriate from all
submitted reimbursement requests.
•
Page 14 of 22
Subsidy Layering Review
All affordable housing projects using CDBG/HOME funds require the completion of an
independent Subsidy Layering Review and underwriting. These reviews must be completed
prior to the project being submitted via HUD's IDIS system and precedes the incurrence of any
related funds. Therefore, no capital projects will be deemed eligible for reimbursement until the
Subsidy Layering Review and underwriting have been received and accepted by the City.
The expense for the Subsidy Layering Review and underwriting services are eligible for
reimbursement if the project proceeds but is not eligible for reimbursement otherwise.
Timeliness of Reimbursement Requests
Reimbursement requests must be submitted no later than sixty (60) days from the incurrence of
the expense. The City will strictly monitor this element. Please note that cancelled checks must
be submitted in conjunction with all reimbursement requests. Therefore, the Sub-Recipient
should calendar itself accordingly to ensure that reimbursement requests are submitted to the
City in a timely manner.
Furthermore, at least sixty (60) percent of your allotted grant funds must be expended by June
30, 2016 as demonstrated by the total value of reimbursements processed. Capital Projects will
be reviewed and judged based on their implementation schedule.
Training Requirements
The Sub-Recipient must ensure that the person responsible for preparing the Monthly Progress
Report and Monthly Financial Report attends the City's Sub-Recipient Reporting Training and
places the attendance certificate in the employee's personnel file for inspection by the City
during its monitoring visit.
Additional Documentation
The following documentation must be submitted with this executed agreement:
• All required insurance certificates
• Copy of current audit
• Copy of required business licenses and permits
Page 15 of 22
EXHIBIT"B"
"Documentation"
The Sub-Recipient agrees to provide the following documents as part of its reporting
requirements:
To Document Insurance Coverage:
• Copy of insurance policy or binder(with proof of payment)with limits and scope of
coverage adding the City of Miami Beach as additional insured
To Document Service:
• Intake & screening forms must include:
a. Name
b. Date of birth
c. Participant's address
d. Demographic information as required in the CDBG Accomplishment Form to be
provided by the City at the time of agreement execution
e. Executed client consent agreements
f. Client authorization to release information
g. Any additional documents as requested by the City
• Resumes
• Recommendation letters
To Document Expenses Incurred:
• Executed Indemnification Form (Exhibit E) prior to submitting reimbursement for the first
time for each program participant
• Salaries related expenses:
a. Daily attendance logs—Timesheets
b. Electronic payroll ledgers with corresponding bank transactions (statement)
c. Cancelled checks
d. Form 941 —Employer's Quarterly Federal Tax Return
e. Unemployment payment
f. Any additional documents as requested by the City
• Fringe Benefits related expenses:
a. Bank statements
b. Worker's Compensation invoice, policy and cancelled check
c. Any additional documents as requested by the City
In case that any youth moves out of the City limits during the term of the agreement, Provider must
notify the City in the following monthly progress report and take steps to replace that participant as soon
as possible.
Page 16of22
EXHIBIT"C"
"Budget"
The attached budget reflects the scope of expenses that may be incurred through this
Agreement. All expenses must comply with applicable rules and regulations including
Procurement and Davis Bacon Act.
Page 17 of 22
IAAAI BEACH CDBG FY 15/16
Project Budget
Sub-Recipient: Teen Job Corps,Inc. Project: Youth Training and Employment
Please list all items that will be reimbursed by the City of Miami Beach.
Line Item Quantity Unit Cost Line Total
Personnel(Employees Only)-List Position Title
Salary Supervisor 165 $ 24.00 $ 3,960.00
Salary Youth -February-September 1221 $ 8.05 $ 9,829.05
FICA $13,789.05 7.65% $ 1,054.86
Unemployment $13,789.05 0.10% $ 13.79
Worker's Compensation $13,789.05 8% $ 1,103.12
Other Expenses
Insurance 1 $ 1,970.00 $ 1,970.00
Accounting 1 $ 1,793.75 $ 1,793.75
$
$ -
$ -
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$ -
$ -
$ -
$ -
Project Total-. $ 19,724.58
Page 18 of 22
EXHIBIT"D"
"Financial Management"
To comply with federal regulations, each program must have a financial management system
that provides accurate, current and complete disclosure of the financial status of the activity.
This means the financial system must be capable of generating regular financial status reports
which indicate the dollar amount allocated for each activity (including any budget revisions),
amount obligated (i.e., for which contract exists), and the amount expended for each activity.
The system must permit the comparison of actual expenditures and revenues against budgeted
amounts. The City must be able to isolate and to trace every CDBG dollar received and prove
where it went and for what it was used.
The City is responsible for reviewing and certifying the financial management of any operating
agency, which is not a City department or bureau, in order to determine whether or not it meets
all of the above requirements. If the agency's system does not meet these requirements and
modifications are not possible, the City must administer the CDBG funds for the operating
agency.
Support for Expenditures
Sufficient support for expenses depends on the type of expenditure. They normally include the
following items:
• Salaries - Should be supported by proper documentation in personnel files of hire date,
position, duties, compensation, and 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 19 of 22
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 five 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 five 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 $500,000 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. 10th Street
Jeffersonville, IN 47132
Phone (301)457-1551 or(800)253-0696
Email: Qov.fac(c�census. iov
Web: http://harvester.census.gov/sac
F:\RHCD\$ALL\HSG-CD\CDBG\CDBG FY 2015 2016\Public Services\TEEN JOB CORP\TJC Contract
Exhibits 8.27.15.docx
Page 20 of 22
EXHIBIT "E"
CITY OF MIAMI BEACH, FLORIDA
MIAMI-DADE COUNTY, FLORIDA
RELEASE AND HOLD HARMLESS AGREEMENT
MINOR
Teen Job Corps ParticipantNolunteer
This Release and Hold Harmless Agreement is executed by and on behalf of
a minor, by , the minor's parent or legal guardian, hereinafter referred to as
"Releasor".
The undersigned Releasor represents that he/she is the parent and next of kin and/or legal guardian of the person of
, a minor by virtue of a Court order.
The undersigned Releasor, on behalf of himself or herself, and on behalf of the above minor, specifically and expressly
acknowledges that the minor will be acting as a participant for the City of Miami Beach (The"City") and Teen Job Corps
for the ongoing events taking place located various areas in Miami Beach, Miami-Dade County, Florida. The
undersigned Releasor, on behalf of himself or herself, and also on behalf of the above minor, and the minor's personal
representative, heirs, next-of-kin and assigns, freely and of his or her own volition, specifically agrees to remise, release,
forever,discharge and hold the City and Teen Job Corps, including any of the City's or Teen Job Corps funders,
successors, assigns, servants, employees, elected and appointed officials, all hereinafter collectively referred to as
"Releasee", harmless from any and all claims, actions, demands or damages, including but not limited to accidents,
injury, death or damage to the minor's person or property, arising or resulting from the minor's participation during the
Teen Job Corps activity, to the extent such is not covered by Chapter 440, Florida Statutes.
Releasor, on behalf of himself or herself, and on behalf of the above minor, expressly agrees that this Agreement is
intended to be as broad and inclusive as permitted by the laws of the State of Florida and that, if any portion thereof is
held invalid, it is agreed that the balance shall, not withstanding, continue in full legal force and affect.
Releasor, on behalf of himself or herself, and on behalf of the above minor, further gives permission for first aid to be
rendered, if necessary, and further releases Releasee from any claim whatsoever on account of said first aid,
treatment, or services rendered to the child during his/her participation in the aforestated activities/event.
This Release contains the entire agreement between the parties hereto and the terms of this Release are contractual
and not a mere recital.
Release and Hold Harmless Agreement
City of Miami Beach,Teen Job Corps, Inc. including any of Teen Job Corps funders.
RELEASOR FURTHER STATES THAT HE/SHE HAS CAREFULLY READ THIS AGREEMENT AND UNDERSTANDS ITS
CONTENTS AND MEANING AND FULLY REALIZES THAT PARTICIPATING IN THE AFORESTATED ACTIVITIES MAY EXPOSE
HIM OR HER TO DANGERS AND HAZARDS WHICH MAY ARISE IN CONNECTION WITH THE AFORESTATED ACTIVITIES
AND SIGNS THIS RELEASE AS HIS/HER OWN FREE AND VOLUNTARY ACT.
Dated this day of , 2015.
Releasor Print Name
Address
Telephone Number
Witness Print Name
Witness Print Name
Page 21 of 22
AM MIAMIBEACH
RELEASE FORM
do hereby release and forever
discharges and expressly agrees to indemnify and hold harmless the City of Miami Beach,
its Major, Commissioners, its Officers, Employees, Agents, Representatives and Members,
together with their successors and assigns from any and all claims, actions, demands or
damages, including but not limited to accidents, injury, death or damages to his or her
personal property arising or resulting from his or her participation in the Teen Job Corps,
Inc. activities related to the
on (date) . I also understand and agree to abide by all
rules and regulations required by the City of Miami Beach. Failure to do so may result in
the termination of the agreement.
REQUESTOR'S SIGNATURE: DATE:
Corporate Name:
Representative (Print Name):
Page 22 of 22