Boys and Girls Club Inc.
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COBG AGREEMENT
This Agreement is entered into this 1 st day of October, 1998, by and between the
City of Miami Beach, a Florida municipal corporation, having its principal office at 1700
Convention Center Drive, Miami Beach, Florida, hereinafter referred to as the "City", and
Boys and Girls Clubs of Miami, Inc. hereinafter referred to as the "Provider."
WITNESSETH:
WHEREAS, the City has entered into an agreement with the U.S. Department of
Housing and Urban Development (HUD) for the purpose of conducting a Housing and
Community Development Program with federal financial assistance under Title I of the
Housing and Community Development Act of 1974, as amended, hereinafter called "Act";
the Cranston-Gonzalez National Affordable Housing Act of 1990; and the Housing and
Community Development Act of 1992; and
WHEREAS, the City has determined through its One-Year Action Plan for Federal
Funds for FY 1998/99 which includes the budgets for the Community Development Block
Grant (CDBG), Emergency Shelter Grants Program (ESG), and HOME Investment
Partnerships Program (HOME), the necessity for providing the following program(s) in
Miami Beach: Boys and Girls Clubs - Miami Beach Juvenile Program (the Program); and
WHEREAS, the One-Year Action Plan was adopted
Resolution 98-22814 on July 1, 1998; and
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WHEREAS, the City desires to engage the Provider to render certain seivices}~1 CJ
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NOW, THEREFORE, the parties hereto agree as follows:
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SECTION I:
SCOPE OF SERVICES
The Provider agrees to implement the Program Year 24 Activity/Activities (the
Activity or collectively, the Activities) in accordance with the Budget, as follows:
Boys and Girls Clubs - Miami Beach Juvenile Program - $48.000
570.201 (e), 570.208(a)(2)
To provide a no-fee after-school program to approximately 350 unduplicated
youth ranging in ages from 5 to 15 at Fienberg/Fisher Elementary School
and the Flamingo Park Teen Center.
SECTION II:
TERM OF AGREEMENT
This Agreement shall be deemed effective upon approval and release of funds by
HUD or upon being duly executed by both parties, whichever is later.
This Program shall become operational as of October 1, 1998, subject to the
approval of this Agreement by the Mayor and City Commission, and shall be completed by
September 30, 1999. The term specified herein may be subject to any applicable term
restrictions and limitations prescribed by HUD, and/or as may be otherwise prescribed
herein.
SECTION III:
REVERSION OF ASSETS
A. The Provider shall, in the event of a termination of this Agreement pursuant Section
XX herein, or upon expiration of the Agreement, transfer to the City any CDBG
funds on hand at the time of expiration and any accounts receivable attributable to
the use of CDBG funds. Any real property under the Provider's control that was
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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:
1. 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 Agreement, or for
such longer period of time as determined to be appropriate by the City; or
2. if not used in accordance with the above paragraph, 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 this section.)
SECTION IV: METHOD OF PAYMENT
It is expressly understood and agreed that the total compensation to be paid
hereunder for actual expenditures incurred shall not exceed Forty-Eight Thousand and
00/100 dollars ($48,000) from Program Year Twenty-Four (24) CDBG funds. Such funds
must be expended during the term of the Agreement, and any remaining balance of
funds shall revert to the City. Such compensation shall be paid in accordance with the
Budget attached hereto and made a part hereof as Appendix 1.
A. The Provider shall submit monthly requests for payment for actual and/or
anticipated expenditures, including applicable back-up documentation, no later than
the tenth (10th) day of the succeeding month and the City will provide payment,
upon approval, within ten (10) working days after receipt of the same, if submitted
by the deadline date for inclusion on the drawdown request. Anticipated
expenditures shall only be paid by the City upon demonstration by the Provider that
procedures are in place to assure that the time period between payment by the City
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and disbursement by the Provider for the anticipated expense will be kept to a
minimum. Additionally, the Provider must provide proof of disbursement for
anticipated expenditures by the end of the succeeding month.
B. The Provider shall submit the final request for payment no later than October 10th,
1999. Invoices submitted after this date may not, at the City's discretion, be paid
and the City shall not be liable for such costs.
C. The City agrees to pay the Provider for expenditures incurred under this Agreement
on a monthly basis in accordance with the Budget attached hereto and made a part
hereof as Appendix 1. Budget line item transfers are allowable only within each
Activity, and must have prior written approval of the City. The Provider must
request budget line item changes in writing, in order to be reviewed by the City. A
revised budget must be submitted to the City after receiving approval.
SECTION V:
AMENDMENTS
Any alterations, variations, modifications or waivers of this Agreement shall only be
valid when they have been reduced to writing and duly signed by both parties. Any
changes which do not substantially change the scope of the Program or increase the total
amount payable under this Agreement, shall be valid only when reduced to writing and
signed by the City Administration and the Provider.
The City shall not reimburse the Provider for outlays in excess of the funded amount
of the Agreement unless and until the City officially, in writing, approves such expenditure
by executing a written modification to the original Agreement.
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SECTION VI:
CONDITION OF SERVICE
The Provider hereby agrees to the following:
A. The Program shall serve income-eligible persons living within Miami Beach,
principally in those areas containing a high concentration of such persons.
B. The Provider shall maintain in its file the documentation on which basis it
determines that the Program benefits income-eligible persons, minorities and
residents of Miami Beach. Such records shall include, but not be limited to, the
following:
1. Profiles identifying financial classification, head of household, ethnicity, race
and gender, or area benefit data, as required.
2. An outreach plan which insures equitable participation by all eligible Miami
Beach residents, and delineates steps taken to solicit increased participation
of minority groups.
C. The Provider shall maintain a citizen participation mechanism, which will include, but
not be limited to the following:
1. Logging citizen comments or complaints when received.
2. Maintaining copies of comments and/or complaints received in writing.
3. Maintaining copies of responses to complaints and/or explanations of
resolutions to complaints.
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D. The Provider shall abide by those provisions of 24 CFR Part 570 Subpart J, when
applicable, incorporated by reference into this Agreement.
E. No expenditures or obligations shall be incurred for the program prior to approval
and release of funds from HUD. Further, it is expressly understood that in the event
no funds are released from HUD in connection with this Program, then the City is
not liable for any claims under this Agreement.
F. The Provider shall certify, pursuant to Section 109 of the Act, as amended, that no
person shall be denied the benefits of the program on the ground of race, color,
national origin or sex.
G. The Provider agrees that to the extent that it staffs the Program with personnel not
presently employed by said party, it will take affirmative action in attempting to
employ income-eligible persons residing in the City of Miami Beach, particularly
minority group members.
H. The Provider shall comply with the provisions of 24 CFR 570.504 (a) and (c),
relating to "Program Income", gross income directly generated from the use of
CDBG funds, and 24 CFR 570.500 (a) and (c). In those instances where the City
allows the sub-recipient to retain program income, these funds shall be expended
for CDBG eligible activities, approved by the City in accordance with the Budget
attached to or referenced in this Agreement. At the end of the program year, the
City may require remittance of all or part of any program income balances (including
investments thereof) held by the Provider (except those needed for immediate cash
needs, cash balances of a revolving loan fund, cash balances from a lump sum
drawdown, or cash or investments held for Section 108 loan guarantee security
needs).
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I. The Provider agrees that when sponsoring a Program financed in whole or in part
under this Agreement, 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 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
COMMUNITY/ECONOMIC DEVELOPMENT DEPARTMENT" shall appear in the
same size letters or type as the name of the Provider.
J. The Provider shall ensure the following minimum criteria when entering into a sub-
contract agreement:
1. The full correct legal name of the party shall be identified.
2. The "Scope of Services" shall describe the activities to be performed.
3. The amount of the sub-contract agreement, price components, method of
payment, and funding sources shall be detailed.
4. A provision requiring compliance with all regulatory requirements of this
Agreement shall be incorporated.
5. Written approval from the City shall be received prior to entering into any
sub-contract agreement. Failure to obtain prior approval will release the City
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of any obligation to reimburse the Provider for any costs incurred.
K. 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
Community Development Block Grant Program, and all applicable laws and
regulations.
This documentation shall include, but not be limited to, the following:
1. 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.
2. 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.
3. 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.
L. 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 year period, the records will be maintained until all litigation, claims
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or audit findings involving these records are resolved. The City shall be informed
in writing after close-out of this Agreement, of the address where the records are to
be kept.
M. In the event that the Provider is an organization and/or entity receiving or having
received CDBG funds for the purpose of acquiring property intended to be owned
or maintained for the use of said organization and/or entity, the City, through its
Community/Economic Development Department, may, at its discretion and upon
individual evaluation, require the Provider to enter into a separate agreement further
restricting the use of the subject property; as well as requiring additional terms and
conditions relative to the use of the organization and/or entity's future funds,
monies, etc., being used and/or committed toward the buy-down of any debt
existing on the property.
SECTION VII:
APPLICABILITY OF UNIFORM ADMINISTRATIVE REQUIREMENTS
A. The Provided 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.
B. The Provider shall comply with the following provisions of the Uniform Administrative
requirements of OMB Circular A-11 0 (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 paragraph:
1. Subpart A - "General";
2. Subpart B - "Pre-Award Requirements", except for 984.12, "Forms for
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Applying for Federal Assistance";
3. Subpart C - "Post-Award Requirements", except for:
a. Section 84.22, "Payment Requirements" - Grantees shall follow the
standards of 99 85.20(b)(7) and 85.21 in making payments to sub-
recipients;
b. Section 84.23, "Cost Sharing and Matching";
c. Section 84.24, "Program Income" - In lieu of 9 84.24, CDBG sub-
recipients shall follow 9 570.504;
d. Section 84.25, "Revision of Budget and Program Plans";
e. Section 84.32, "Real Property" - In lieu of 984.32, CDBG sub-
recipients shall follow 9 570.505;
f. Section 84.34(g), "Equipment" - In lieu of the disposition provisions of
9 84.34(g), the following applies:
(i). 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
(ii). 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;
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g. Section 84.51 (b), (c), (d), (e), (f), (g), and (h), "Monitoring and
Reporting Program Performance";
h. Section 84.52, "Financial Reporting";
I. Section 84.53(b), "Retention and access requirements for records".
Section 84.53(b) applies with the following exceptions:
(i). The retention period referenced in S 84.53(b) pertaining to
individual CDBG activities shall be four years; and
(ii). 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;
J. Section 84.61, "Termination" - In lieu of the provisions of S 84.61,
COBG sub-recipients shall comply with 9 570.503(b)(7); and
4. Subpart 0 - "After-the-Award Requirements" - except for S 84.71, "Closeout
Procedures".
SECTION VIII:
CONDITIONS FOR RELIGIOUS ORGANIZATIONS
A The Provider shall comply with First Amendment Church/State principles, as follows:
1. It will not discriminate against any employee or applicant for employment on
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the basis of religion and will not limit employment or give preference in
employment to persons on the basis of religion.
2. 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.
3. It will provide no religious instruction or counseling, conduct no religious
worship or services, engage in no religious proselytizing, and exert no other
religious influence in the provision of such public services.
4. The portion of a facility used to provide public services assisted in whole or
in part under this Agreement shall contain no sectarian or religious symbols
or decorations.
5. The funds received under this Agreement shall not be used to construct,
rehabilitate, or restore any facility which is owned by the Provider and in
which the public services are to be provided. However, minor repairs may
be made if such repairs are directly related to the public services; are located
in a structure used exclusively for non-religious purposes; and constitute, in
dollar terms, only a minor portion of the CDBG expenditure for the public
services.
SECTION IX: ECONOMIC DEVELOPMENT AND SPECIAL ACTIVITIES BY
COMMUNITY-BASED DEVELOPMENT ORGANIZATIONS (CBDOs)
Providers who are Community Based Development Organizations (CBDOs) must
comply with the provisions of 24 CFR 570.204. For Activities that are eligible under 24
CFR 570.203 or 570.204, if otherwise eligible under section 570.203, the Provider will
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ensure that the guidelines of section 570.209 are followed, including the determination of
the appropriate level of public benefit, before obligating funds under this Agreement.
The Provider shall adhere to the applicable requirements contained in the
"Acknowledgement of Economic Development Activities", attached hereto and made a part
hereof as Appendix 2, if applicable.
SECTION X:
ADA COMPLIANCE
The Provider agrees to adhere to and be governed by 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. Sections 3601-3631.
The Provider must complete and submit the City's Disability Non-Discrimination
Affidavit (Affidavit). In the event the Provider fails to execute the City's Affidavit, or is
found to be in non-compliance with the provisions of the Affidavit, the City may impose
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such sanctions as it may determine to be appropriate including, but not limited to,
withholding of payments to the Provider under the Agreement until compliance and/or
cancellation, termination or suspension of the Agreement in whole or in part. In the event,
the City cancels or terminates the Agreement pursuant to this Section, the Provider shall
not be relieved of liability to the City for damages sustained by the City by virtue of the
Provider's breach of the Agreement.
SECTION XI:
ADDITIONAL CONDITIONS AND COMPENSATION
It is expressly understood and agreed by the parties hereto that momes
contemplated by this Agreement to be used for compensation originate from grants of
federal Community Development Block Grant funds and must be implemented in full
compliance with all of HUD's rules and regulations.
It is expressly understood and agreed that in the event of curtailment or non-
production of said federal grant funds, the financial sources necessary to continue to pay
the Provider compensation will not be available and that this Agreement will thereby
terminate effective as of the time that it is determined that said funds are no longer
available.
In the event of such determination, the Provider agrees that it will not look to, nor
seek to hold liable, the City or any individual member of the City Commission thereof
personally for the performance of this Agreement and all of the parties hereto shall be
released from further liability each to the other under the terms of this Agreement.
SECTION XII:
COMPLIANCE WITH LOCAL. STATE AND FEDERAL
REGULA TIONS
The Provider agrees to comply with all applicable federal regulations as they may
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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. Additionally, the Provider will
comply with all state and local laws and ordinances hereto applicable.
SECTION XIII:
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 Community Development Block
Grant 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 XIV:
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 Federal, 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.
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SECTION XV:
REPORTING AND EVALUATION REQUIREMENTS
Maintaining credibility for the community development effort rests heavily on the
ability to produce an impact in income-eligible areas, through progress in accomplishing
scheduled activities. An effective method for maintaining program progress against a
previously established schedule is through program evaluation and reporting, which will
consist of both written reports and staff discussions on a regular basis. As required by
HUD, the City will conduct monitoring visits to the Provider as needed. The Provider also
assures prompt and efficient submission of the following:
A. Monthly Reports are due no later than the tenth (10th) day of the succeeding
month and shall include the request for payment when applicable. Contents of the
Monthly Report, attached hereto and made a part hereof as Appendix 3, shall
include but not necessarily be limited to, the following:
1. The Narrative Report.
2. The Financial Status Report, which shall include the request for payment and
documentation, as applicable.
3. The Client Profile Report.
The Narrative Report, Financial Status Report and Client Profile Report must each
contain (i) the month for which the Monthly Report is submitted, (ii) the date
submitted, and (iii) an original signature of the person responsible for the contents
of the Monthly Report.
B. Final Evaluation. Within twenty (20) days of contract completion, a final report
documenting how the Statutory National Objective and the eligibility requirements
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were met must be submitted by the Provider to the City's Community/Economic
Development Department for review and approval. The contents of same shall
include a cumulative total of the data submitted during the Program's operation.
Further, such report shall include statistical findings which depict Program
efficiency; i.e., the number of dollars spent, including non-CDBG funding sources,
to render actual service to Program recipients, and an overall evaluation of the
Program's effectiveness, and quantitative results. The final report will be evaluated
and the Provider will be notified if additional data is necessary or that the Activity is
considered "closed-out".
Other Reporting Requirements may be required by the City in the event of
Program changes, the need for additional information or documentation arises, and/or
legislative amendments are enacted. The Provider shall be informed, in writing, if any
changes become necessary.
Reports and/or requested documentation not received by the due date shall be
considered delinquent and shall be considered by the City, at its sole discretion, as
sufficient cause to suspend CDBG payments to the Provider.
SECTION XVI:
AUDIT AND INSPECTIONS
At any time during normal business hours and as often as City and/or Federal
Government representatives may deem necessary, there shall be made available to
representatives of the City and/or the Federal Government to review, inspect or audit all
records, documentation, and any other data relating to all matters covered by the
Agreement.
Audits shall be conducted annually and shall be submitted to the City 180 days after
the end of the Provider's fiscal year. Sub-recipients shall comply with the requirements and
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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 close-out.
SECTION XVII:
INDEMNIFICATION AND INSURANCE
The Provider shall indemnify and hold harmless the City 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, servants, employees,
contractors, patrons, guests, clients, licensees or invitees. 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, when applicable, and shall pay all costs and judgements
which may issue thereon.
The Provider, through an insurance carrier, shall provide a General Liability Policy
with coverage for Bodily Injury and Property Damage, in the amount of $1 ,000,000 single
limit. 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 followed
by the statement: "This coverage is primary to all other coverage carried by the City
covering this specific Agreement only." The Provider shall hold proof of Workers'
Compensation Coverage as per statutory limits of the State of Florida.
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.
The Provider shall submit to the City an ORIGINAL Certificate of Insurance. All
insurance companies must be rated B+ VI by A.M. Best.
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All insurance coverage shall be approved by the City's Risk Manager prior to the
release of any funds under this Agreement.
In the event evidence of such insurance is not forwarded to the City's Risk Manager
within thirty (30) days after the execution of this Agreement, this Agreement shall become
null and void and the City shall have no obligation under the terms thereof unless a written
extension of this thirty (30) day requirement is secured from the City Administration.
SECTION XVIII:
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 $1 0,000. Provider hereby expresses its willingness to enter into this Agreement
with Provider's recovery from the City for any damage action for breach of contract to be
limited to a maximum amount of $10,000, less the amount of all funds actually paid by the
City to Provider pursuant to this Agreement.
Accordingly, Provider hereby agrees that the City shall not be liable to Provider for
damages in an amount in excess of $10,000, which amount shall be reduced by the
amount of the funding actually paid by the City to Provider pursuant to this Agreement, 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 XIX:
VENUE
This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal
19
action is necessary by either party with respect to the enforcement of any or all of the terms
or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade
County, Florida.
SECTION XX:
TERMINATION
The City and the Provider agree:
A. This Agreement may be terminated in whole or in part for convenience and without
cause by either party hereto by written notice to the other party of such intent to
terminate at least thirty (30) days prior to the effective date of such termination.
However, if, in the case of a partial termination, the City determines that the
remaining portion of the Agreement will not accomplish the purposes of such
Agreement, the City may terminate such in its entirety.
B. The City may also place the Provider in default of this Agreement, and may suspend
or terminate this Agreement in whole, or in part, for cause.
1. "Cause" shall include, but not be limited to, the following:
a. Failure to comply and/or perform in a material way, as same shall be
determined by the City in its sole discretion, in accordance with the
terms of this Agreement, or any Federal, State, County or City of
Miami Beach statute 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
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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 of the sub-recipient, and applicable HUD rules
and regulations.
2. 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 clearing the deficiency; and (iii)
a reasonable date for compliance, which shall be no more than fifteen (15)
days from notification date.
C. 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 such funds
are no longer available.
D. Costs of the Provider resulting from obligations incurred during a suspension or
after termination, are not allowable unless the City expressly authorizes them in the
notice of suspension or termination, or subsequent thereto. Other costs during
suspension or after termination which are necessary and not reasonably avoidable
are allowable if:
1. The costs resulting from obligations which were properly incurred before the
effective date of suspension or termination, are not in anticipation of it, and,
21
in the case of termination, are noncancelable; and
2. The costs would be allowable if the award were not suspended or expired
normally at the end of the funding period in which the termination takes
effect.
E. Upon termination of the Agreement, the Provider and the City shall meet to discuss
the City's determination if any amounts are to be repaid to the City or if additional
amounts are due the Provider. At its sole discretion, the City may require Provider
to transfer any CDBG assets to the City pursuant to Section III herein.
SECTION XXI: NOTICES
All notices required under this Agreement shall be sent to the parties at the following
address, with copies to the Office of the City Attorney:
City:
Joanna Revelo, CDBG Projects Coordinator
Community/Economic Development Department
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Provider:
Mr. Wayne Blanton, Executive Director
Boys and Girls Clubs of Miami, Inc.
2805 S.W. 32nd Avenue
Miami, FL 33133
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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.
ATTEST:
THE CITY OF MIAMI BEACH, FLORIDA
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CITY CLERK
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MAYOR
WITNESSES:
(;tf'k ~~.{
WITN~SS tCS
BOYS AND GIRLS CLUBS OF MIAMI,
INC.
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AUTHORIZED SIGNA TOR
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WITNESS
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AUTHORIZED SIGNA TOR
98/CDBG
F:\DDHP\$ALL \CHERYL \FORMS\CDBG\FY98-99\EACHCNTR\BOYSGIRLAGR
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
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23
APPENDIX 1
BUDGET SUMMARY
BUDGET ITEMIZATION
F:\ODHPISALL\CHERYL\FORMS\CDBGlFY98-99\APPNDIX5. FRM
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APPENDIX 2
ACKNOWLEDGEMENT OF ECONOMIC
DEVELOPMENT ACTIVITIES
F:IDDHP\SALL ICHERYL IFORM5ICDBGIFY98.99\APPNDIXS.FRM
ACKNOWLEDGEMENT/CERTIFICA TION OF
ECONOMIC DEVELOPMENT ACTIVITIES
If the Provider will be using Community Development Block Grant (CDBG)
funds for an Economic Development Activity, the following federal requirements
must be acknowledged:
LOW/MODERATEINCOMEJOBS
Criteria:
A low/moderate job activity is one which creates or retains permanent jobs, at least
51 % of which are taken by low/moderate income persons or considered to be available
to low/moderate income persons.
In counting jobs created or jobs retained, the following policies apply:
Part-time jobs must be converted to full-time equivalents.
Only permanent jobs count.
Temporary jobs may not be included.
Regardless of the sources of funding, all permanent jobs created by the
activity must be counted.
Trickle~down jobs (jobs indirectly created by the assisted activity) may not
be counted.
For jobs retained, the following additional criteria apply:
There is clear and objective evidence that permanent jobs will be lost without
CDBG assistance. Such evidence includes: a notice issued by the business
to affected employees, a public announcement by the business, or relevant
financial records.
Retained jobs are considered to involve the employment of low/moderate
income persons if 51 % of such jobs are known to be held by low/moderate
income persons when CDBG assistance is provided.
Page 1 of 5
ACKNOWLEDGEMENT/CERTIFICA TION OF
ECONOMIC DEVELOPMENT ACTIVITIES
(Continued)
Jobs are considered to be available to low/moderate income persons when both
the following conditions are fulfilled:
Special skills that can only be acquired with one or more years of training or
work experience, or educations beyond high school, are not a pre-requisite
to fill such jobs, or else the business nevertheless agrees to hire unqualified
persons and train them; and
The Provider ensures that the assisted business adheres to the principles of
"first consideration" by: using a hiring practice that in all likelihood will result
in over 51 % of those hired being low/moderate income persons; seriously
considering a sufficient number of low/moderate income job applicants to
meet this intent; determining that the distance from the job applicant's
residence is close to the job site or that transportation is available to the job
site.
RECORDS TO BE MAINTAINED
Where the low/moderate income benefit is based on job creation, the Provider's
files must include the documentation described in either (A) or (8) below:
(A) For activities where at least 51% of the jobs will be available to
low/moderate income persons, documentation for each assisted
business must include:
(1) A copy of a written agreement containing:
(a) A commitment by the business that it will make at least 51 % of
the jobs available to low/moderate income persons and will
provide training for any of those jobs requiring special skills or
education; and,
(b) A listing by job title of the permanent jobs to be created,
indicating which jobs will be available to low/moderate income
persons, which jobs require special skills or education, and
which jobs are part-time; and,
Page 2 of 5
ACKNOWLEDGEMENT/CERTIFICA TION OF
ECONOMIC DEVELOPMENT ACTIVITIES
(Continued)
(c) A description of actions to be taken by the Provider and
business to ensure that low/moderate income persons receive
"first consideration" for these jobs; and,
(d) A listing, by job title, of permanent jobs filled, and which jobs
were available to low/moderate income persons, as well as a
description of how "first consideration" was given to such
persons for those jobs. The description must include what
type of hiring process was used; which low/moderate income
persons were interviewed for a particular job and which
interviewees were hired.
(B) For activities where at least 51 % of the jobs will be taken by low/moderate
income persons, documentation for each assisted business must include:
(1) A copy of a written agreement containing:
(a) A commitment by the business that at least 51 % of the jobs, on
a full-time equivalent basis, will be taken by low/moderate
income persons and a listing by job title of the permanent jobs
created; and,
(b) A listing, by job title, of the permanent jobs filled and which
jobs were initially held by low/moderate income persons; and,
(c) Information on the size and annual income of the person's
immediate family prior to the low/moderate income person
being hired for the job.
(2) Where low/moderate income benefit is based on job retention,
the files must include the following documentation:
(a) Evidence that jobs would be lost without CDBG assistance.
(b) A listing, by job title, of permanent jobs retained, indicating
which of those jobs are part-time and (if known) which are held
by low/moderate income persons at the time the assistance is
provided.
Page 3 of 5
ACKNOWLEDGEMENT/CERTIFICA TION OF
ECONOMIC DEVELOPMENT ACTIVITIES
(Continued)
(c) Identification of any retained jobs not already held by
low/moderate income person which are projected to become
available to low/moderate income persons through job turnover
within two years of the time CDBG assistance is provided.
(Job turnover projections should also be included in the
record. )
(d) Information on the size and annual income of the low/moderate
income persons' immediate family for each retained job
claimed to be held by a low/moderate income person.
Acceptable documentation on job applicant/employee family
income includes anyone of the following:
(i) Notice that job applicant/employee is a referral
from state, county or local employment agency
or other entity that agrees to refer individuals
determined to be low/moderate income
according to HUD criteria. (These entities must
maintain documentation for city of federal
inspection. )
(ii) Written certification, signed by the job
applicant/employee, of family income and size to
establish low/moderate income status by
showing: the actual income of the family, or a
statement that the family income is below CDBG
low/moderate income requirements. (These
certifications must include a statement that they
are subject to verification by the local or federal
government. )
(iii) Evidence that job applicant/employee qualifies for
assistance under another program with income
qualification criteria at least as restrictive as those used
by the CDBG program, such as referrals from the Job
Training Partnership Act (JTPA) Program, except for
referrals under the JTPA Title III Program for dislocated
workers.
Page 4 of 5
ADDITIONAL CONSIDERATIONS
The Provider must prepare an "appropriate" determination, previously known as a
"Necessary and Appropriate" determination, whenever CDBG assistance is provided for
a private, for-profit entity carrying out economic development activities. It should be noted
that the deletion of the term "Necessary", pursuant to Section 105 (a) (17) of the Housing
and Community Development Act of 1974, does not override the requirements at 24 CFR
570.203 (b). This determination is to ensure that the amount of the financial assistance
is not excessive in light of the actual needs of the business and the expected public
benefit. Examples of CDBG assistance are: grants, loans, loan guarantees, interest
supplements, technical assistance or another form except for those described as ineligible
in CDBG Regulations 24 CFR 570.207. This determination is to ensure that the amount
of the financial assistance is not excessive in light of the actual needs of the business and
the expected public benefit. Examples of CDBG assistance are: grants, loans, loan
guarantees, interest supplements, technical assistance or another form except for those
described as ineligible in CDBG Regulations at 24 CFR 570.207. If no CDBG assistance
of a financial nature is being provided for a private, for-profit entity, then the "necessary
or appropriate" determination would need to address the public benefits to be derived from
assisting each business but would not require a financial analysis of the business' need for
the grant or loan.
I hereby acknowledge that I have read the specific requirements for economic
activities contained in this Acknowledgement/Certification, and that, if my
organization's project is an Economic Development Activity, eligibility depends upon
compliance with the requirements contained in this document.
~~ 6U
s(GNA TURE
\J~ "e t)""(",\\c\1l t=.,LP~\.J\\ \Ie D.~ \"ec-\-c r-
NA E/TITLE OF SIGNATOR
BOYS AND GIRLS CLUBS OF MIAMI, INC.
\0 \ 5 \ c",\ l?
DATE
Page 5 of 5
APPENDIX 3
CLIENT PROFILE REPORT
NARRATIVE REPORT
FINANCIAL STATUS REPORT
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CITY OF MIAMI BEACH
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
NTHL Y NARRATIVE REPORT FISCAL YEAR 1998/99
m
Provider: Boys and Girls Clubs of Miami
Reporting Period:
Name of Person Submitting Report:
Signature:
Project Name: Miami Beach Juvenile Program
Date Submitted:
Title:
Additional pages may be attached if more space is needed
1. Describe in narrative form the activities completed and/or services provided during this month's
reporting period. Use units of measure to quantify the accomplishments described.
2. If no accomplishments can be described for this month's reporting period, describe the efforts
undertaken to fulfill contract goals by program year end. Explain any organizational or other
problems which have affected the expenditure of CDBG funding.
3. Miscellaneous (e.g., special recognitions, awards, special circumstances encountered, etc.)
F:IDDHPI$ALLICHERYLIFORMSICDBGIFY98-99IEACHCNTRIMNTHNARRFRM
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APPENDIX 4
SCHEDULE OF WORK TO BE COMPLETED
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CERTIFICA TIONS
CDBG FUNDED CONSTRUCTION/REHABILITATION PROJECTS
LEAD BASED PAINT REQUIRMENTS
RELIGIOUS ORGANIZATION REQUIREMENTS
CERTIFICATION REGARDING LOBBYING
DRUG-FREE WORKPLACE REQUIREMENTS
DISABILITY NONDISCRIMINATION AFFIDAVIT (ADA)
CERTIFICATION OF
CDBG FUNDED CONSTRUCTION/REHABILITATION PROJECTS
If the Provider anticipates using CDBG funds for construction or rehabilitation, the following federal
and City of Miami Beach requirements must be acknowledged:
A. All construction or rehabilitation plans and specifications for the project must be approved by the city's
departments of Planning, Community/Economic Development, Public Works, Building, Code Compliance, and
Fire. If the project is located in the Miami Beach Architectural District, or affects a building listed or eligible
for listing on the National Register of Historic Places, all plans and specifications must be approved by the
State Historic Preservation Office (SHPO), in accordance with the Memorandum of Understanding between
the SHPO and the City,
B. The City shall not be obligated to pay any funds to the project prior to the completion by the City of an
environmental review of the project, and said review is approved by any government agencies as may be
required by law,
C. The Provider will assure all wages paid to construction workers by it or its subcontractors are in compliance
with federal, state and local labor requirements. The Provider agrees to include in the construction bid
specifications in connection with this agreement the applicable Federal Wage Determination assigned to this
project by HUD. The Provider must also inform his contractor/subcontractors that they will be required to
submit documents after a city-conducted pre-construction conference and prior to construction, Weekly
and/or monthly reports must be submitted thereafter, as required by the federal government.
D, The Provider agrees to comply with, and to assure that its subcontractors comply with, the federal Office of
Management and Budget (OM B) Circular Number A-102 Attachment E for programs funded in whole or in part
by CDBG funds; with federal OMB Circular A-102 Attachment 0 for the procurement of supplies, equipment,
construction and services; and with Federal Management Circular A-87; or any other applicable OMB circular,
E. Pursuant to Section 109 of the Act, the Provider specifically agrees that no person shall be denied the benefits
of the program on the grounds of race, color, sex, religion or national origin.
F. The Provider agrees, on its own behalf and on behalf of its contractors and subcontractors, to take affirmative
action in attempting to employ low income and minority persons, as mandated by law.
G. As required by OMB Circular Number A-102, and by Florida Statutes Section 287,055, professional services
must be competitively selected, The competitive selection process must include: a public advertisement,
issuance of a request for proposal and a competitive review based on uniform criteria, Selection criteria must
consider the basic qualifications, professional competence, experience and suitability of each firm, Fees for
professional services must be requested as a fixed sum and not stated as a percentage of construction costs,
H. All documents, bid specifications, notices and construction drawings must be submitted for the review and
approval of the Economic and Community Development Division prior to public advertisement.
I. The bidding process for construction contracts must include a formal advertisement, published in The Miami
Review, Dodge Reports and The Miami Builder's Exchange. This announcement must include the following:
1, The date, time and place that bid documents are available, and the same information for any pre-bid
conferences and receipt of bids.
2. The requirement of bid surety in the amount of ten percent (10%) of the bid, and a performance and
payment bond equal to 100% of the award.
Page 1 of 2
3. A standard statement regarding the "in whole or in part" federal funding of the project and the various
applicable federal regulations.
J. The City reserves the right to be present at the time of bid openings. If City CDSG monies are the sole
funding source, the City may require that bids be received and opened by the City's Procurement Department.
K. The Provider agrees to submit to the City's Community/Economic Development Department all documentation
of the steps followed in the selection of professional services and construction contracts.
L. The Provider agrees to specify a time of completion and include a liquidated damage clause in all construction
contracts. Cost plus a percentage of cost, and percentage of construction cost contracts will not be permitted,
M, If the Provider is awarded CDSG funds, other conditions and requirements will be specified in the funding
agreement.
N, The Provider agrees that it will not start construction until an official "Notice to Proceed" has been issued.
O. Pursuant to 570.608 of the CDSG Regulations, and the new provisions in the Economic and Community
Development Act of 1974 as amended, the Provider agrees to comply with the inspection, notification, testing
and abatement procedures concerning lead-based paint.
I hereby acknowledge that I have read the specific requirements contained in this Certification, and
that eligibility of my organization's project depends upon compliance with the requirements contained in this
document.
Boys and Girls Clubs of Miami, Inc,
~ li4i
sr'gnature
I Me ~ f\ p b\rw,,'\.r)\"\ \:;:.e~~,.\'"' ve \:>', r a:\o ,-
Print ame and Title of Authorized
Signator
\()\ C) \C\. '7
Date
Page 2 of 2
CERTIFICATION OF
LEAD BASED PAINT REQUIREMENTS
APPLICABILITY:
A. The lead based paint rule applies to CDBG-funded housing activities involving construction, purchase and
rehabilitation.
B. The following housing rehabilitation activities are excepted:
I. Emergency repairs (but not lead based paint-related emergency repairs)
2. Weatherizing
3, Water and/or sewer hookups
4. Installation of security devices
5. Facilitation of tax exempt bond issuances for funds
6, Other single-purpose activities that do not include physical repairs or remodeling of applicable
surfaces
7. Other activities that do not involve applicable surfaces and do not exceed $3,000 per unit.
INSPECTION AND TESTING REQUIREMENTS:
The Provider shall be required to test the lead content of chewable surfaces of an apartment building to be
rehabilitated, if there is a family residing in one of the units with a child under seven years of age with an identified
elevated blood level condition (concentration of lead in blood of 25 micrograms per deciliter or greater) and the building
was constructed prior to 1978.
Chewable surfaces are defined as all exterior surfaces of a residential structure, up to five feet from the floor
or ground, such as: a wall, stairs, deck, porch, railing, windows or doors that are readily accessible to children under
seven years of age, and all interior surfaces of a residential structure.
Lead content shall be tested by using an x-ray fluorescence analyzer or other method approved by HUD. Test
readings of 1 mg/cm or higher shall be considered positive for presence of lead based paint.
REQUIRED TREATMENT:
Treatment of lead based paint conditions must be included as part of the proposed rehabilitation work, All
chewable surfaces in any room found to contain lead based paint must be treated before final inspection and approval
of work, Similarly, all exterior chewable surfaces must be treated when they are found to contain lead based paint.
Minimum treatment involves covering or removing the painted surfaces, Washing and repainting without
thorough removal or covering does not constitute adequate treatment.
Covering can be achieved by adding a layer of gypsum wallboard or fiberglass cloth barrier, Depending on
the wall condition, permanently attached, non-5trippable wallpaper may be applied. Covering or replacing trim
surfaces is also permitted,
Page 1 of 2
CERTIFICATION OF
LEAD BASED PAINT REQUIREMENTS
(Continued)
Removal can be accomplished by scraping, heat treatment (infra-red or coil type heat guns) or chemicals.
Machine sanding and propane torch use are not allowed.
I hereby acknowledge that I have read the specific requirements for lead based paint contained in this
Certification, and understand that my organization's project eligibility depends upon compliance with the
requirements contained in this document.
Boys and Girls Clubs of Miami, Inc.
Ld<n v
~nature
,u;;t:-
\\l~"P \3\",\,\-n/\, Fz<:c:::'t:.'c\t\JC" \j ~ r-ee\-o,-
Print ame and Title of Authorized
Signator
\0 \ s \ q R
Date
Page 2 of 2
CERTIFICATION OF
RELIGIOUS ORGANIZATION REQUIREMENTS
In accordance with First Amendment of the U.S. Constitution - "church/state principles", CDBG assistance
may not, as a general rule, be provided to primarily religious entities for any secular or religious activities,
Therefore, the following restrictions and limitations apply to any provider which represents that it is, or may
be deemed to be, a religious or denominational institution or an organization operated for religious purposes which
is supervised or controlled by or operates in connection with a religious or denominational institution or organization.
A religious entity that applies for and is awarded CDBG funds for public service activities must agree to the
following:
1. 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;
2, It will not discriminate against any person applying for such public services on the basis of religion and will not
limit such services or give preference to persons on the basis of religion;
3. It will provide no religious instruction or counselling, conduct no religious worship or services, engage in no
religious proselytizing, and exert no other religious influence in the provision of such public services;
4, The portion of a facility used to provide public services assisted in whole or in part under this Agreement shall
contain no sectarian or religious symbols or decorations; and
The funds received under this Agreement shall not be used to construct, rehabilitate, or restore any facility
which is owned by the Provider and in which the public services are to be provided. However, minor repairs may be
made if such repairs are directly related to the public services; are located in a structure used exclusively for non-
religious purposes; and constitute, in dollar terms, only a minor portion of the CDBG expenditure for the public
services.
I hereby acknowledge that I have read the specific requirements contained in this Certification, and
that eligibility of my organization's project depends upon compliance with the requirements contained in this
document.
Boys and Girls Clubs of Miami, Inc.
ltL- ~
Signature
\^J~i('P 'V-.\n'i'\\o." F~(..>e-,-, \;'ve V"\ce."\a\-
Print Name and Title of Authorized
Signator
\0 \":=j \ c~ 6:
Date
Page 1 of 1
CERTIFICATION REGARDING LOBBYING
Name of Recipient:
CITY OF MIAMI BEACH
Name of Sub-recipient:
Boys and Girls Clubs of Miami, Inc.
Grant Program Name:
COMMUNITY DEVELOPMENT BLOCK GRANT
Date:
B-98-MC-12-0014
~ DS,11!
Grant Number:
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.
Boys and Girls Clubs of Miami, Inc.
j~&I
'"'('
Signature
\^)t'\~\lP B\-~(\\n{'J ~e6..)\\ve D~\ec\-oc
Print ame and Title of Authorized
Signator
\0\ S \<1 (S
Date
Page 1 of 1
CERTIFICATION OF
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
Name of Recipient:
CITY OF MIAMI BEACH
Name of Sub-recipient:
Boys and Girls Clubs of Miami, Inc,
Grant Program Name:
COMMUNITY DEVELOPMENT BLOCK GRANT
Grant Number:
B-98-MC-12-0014
Date:
~f~
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):
l:J.tf~ /..1H!,H/GAAJ At/eNurE
)) J A Vi I I?:> l3 Ae-/~ r-: L '3 3 I.~ '1
J
Boys and Girls Clubs of Miami, Inc.
jJ~ ;!i;;C
Signature
'\ ' , - G(":L~\., \J ~ iV~ fee ~r-
Prin Name and Title of Authorized
Signator
\0 \ 5 \ c:\'3
Date
Page 1 of 1
ACKNOWLEDGEMENT OF DISABILITY NONDISCRIMINATION AFFIDAVIT
CONTRACT REFERENCE CDBG CONTRACT YEAR 24. Fiscal Year 1998/99
NAME OF FIRM, CORPORATION, OR ORGANIZATION Boys and Girls Clubs of Miami,lnc.
AUTHORIZED AGENT COMPLETING AFFIDAVIT 'Ai 1"\7 0.~ '''B\~\,\-C) \'"\
POSITION "f;<et'\J \\ \j <2.. ~1 lee.. \-0 r PHONE NUMBER (30b' L)L/b-C{q J()
I, \ fJ '0'1 ~\ (-",,'F'f \ 'C \",\-0. C, , 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,
~M-
v- Signature
~q'~
Date
SUBSCRIBED AND SWORN TO (or affirmed) before me on 6("-\(")\ Jet" S~\\ \~C\ '8
(Date)
by \ ^ Ji'\lJ \\ e
\
'6\ n-"'- \t..J ("-.
(Affiant)
He/She is personally known to me or has presented
as identification.
(Type of identification)
.~~==~~
,--- (S' ul'eof Notary) ."
l"" '0"", Raquel Fer~gihl Number)
*~ *My CommiSSion CC67~(l27
,.; Expires September 23,2001
"t,.,...,
\<~cp 1 e \ .~ '" ,\-Y"~ "C\ e 7
(Print or Stamp Name of Notary)
Notary Public \=\0 '\ ~. ~ l'
(Expiration Date)
(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 I of I
ATTACHMENTS
CITY OF MIAMI BEACH
LOW AND MODERATE HOUSEHOLD INCOME LIMITS
CITY OF MIAMI BEACH
INCOME SUMMARY DATA
CITY OF MIAMI BEACH
PERCENTAGE OF LOW/MODERA TE INCOME PERSONS
SECTION 3 CLAUSE
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR
CONTRACTS SUBJECT TO EXECUTIVE ORDER 11246
CITY OF MIAMI BEACH
LOW AND MODERATE HOUSEHOLD INCOME LIMITS
(EFFECTIVE: 3/15/97)
A low income or a 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.
I HOUSEHOLD SIZE I MODERA TE INCOME* I LOW INCOME** I
1 PERSON 25,000 15,600
2 PERSONS 28,550 17,850
3 PERSONS 32,100 20,050
4 PERSONS 35,700 22,300
5 PERSONS 38,550 24,100
6 PERSONS 41 ,400 25,850
7 PERSONS 44,250 27,650
8 PERSONS 47,100 29,450
* 80% of Median Income
** 50% of Median Income
SOURCE: U.S. Department of Housing & Urban Development
CPD Advisory Letter 97-05, Dated March 15, 1997
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CITY OF MIAMI BEACH - LOW/MODERATE INCOME DATA
DATA PROVIDED BY U.S. HUD MEMORANDUM "CDBG 1990 CENSUS
INCOME SUMMARY DATA" (ISDl - JULY 2.1993
FLAMINGO TARGET AREA
I CENSUS TRACT , TOTAL L/M PERSONS I TOTAL PERSONS I % LOW/MOD I
40.00-5 310 448 69.20
41.01-1 614 757 81.11
41.01-2 2,137 4,002 53.40
41 .01-3 810 1,511 53.61
42 10,042 13,736 73.11
43 6,728 9,582 70.21
44 10,774 13,244 81.35
45 1,768 2,307 76.64
I TOTAL I 33,183 I 45,587 I 73% L/M I
NORMANDY ISLE TARGET AREA
I CENSUS TRACT I TOTAL UM PERSONS I TOTAL PERSONS I % LOW/MOD I
39.05-2 2,408 3,346 71.97
39.05-4 2,401 3,071 78.18
I TOTAL I 4,809 I 6,417 I 75% UM I
NORTH SHORE TARGET AREA
I CENSUS TRACT I TOTAL UM PERSONS I TOTAL PERSONS I % LOW/MOD I
39.01-1 603 1,036 58.20
39.01-2 620 836 74.16
39.01-3 407 468 86.97
39.01-4 518 772 67.10
39.01-5 1,593 2,256 70.61
39.01-6 1,581 2,240 70.58
39.02-1 704 897 78.48
39.02-2 876 1,187 73.80
39.02-3 211 211 100.00
39.02-4 1,564 2,097 74.58
TOTAL 8,677 12,000 72% UM
CITY OF MIAMI BEACH
PERCENT AGE OF LOW/MODERATE INCOME PERSONS
BY CENSUS TRACT AND BLOCK GROUP
CENSUS - BLOCK % LOW/MOD CENSUS BLOCK % LOW/MOD
TRACT GROUP PERSONS TRACT GROUP PERSONS
39.01 1 58.20 43 1 73.77
39.01 2 74.16 43 2 73.43
39.01 3 86.97 43 3 81.18
39.01 4 67.10 43 4 85.54
39.01 5 70.61 43 5 61.06
39.01 6 70.58 43 6 69.78
39.01 7 22.96 43 7 60.96
39.02 1 78.48 44 1 78.72
39.02 2 73.80 44 2 87.88
39.02 3 100.00 44 3 89.67
39.02 4 74.58 44 4 82.29
39.02 5 44.54 44 5 94.40
39.02 9 39.86 44 6 89.98
39.05 1 40.73 44 7 75.38
39.05 2 71.97 44 8 63.04
39.05 3 31.15 45 1 78.33
39.05 4 78.18 45 2 73.73
39.06 6 0.00 45 9 0.00
39.06 7 14.43 45.99 0.00
39.06 8 11.75 45.99 9 0.00
40 1 45.63
40 2 31.25
40 3 22.55
40 4 10.54
40 5 69.20
40 6 22.80
40 7 15.01
40 8 32.08
41.01 1 81.11
41.01 2 53.40
41.01 3 53.61
41.01 4 41. 80
41.01 5 7.34
41. 02 1 28.51
41. 02 2 20.51
42 1 85.58
42 2 74.53
42 3 83.37
42 4 0.00
42 5 75.90
42 6 79.68
42 7 56.65
Source: 1990 Census Special Tab Tape, State of Florida (6/21/93)
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SECTION 3 CLAUSE
A. The work to be performed under this contract is on a project assisted under a
program providing direct Federal financial assistance from the Department of
Housing and Urban Development and is subject to the requirements of Section 3
of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u.
Section 3 requires that to the greatest extent feasible, opportunities for training and
employment be given to lower income residents of the project area, and contracts
for work in connection with the project be awarded to business concerns which are
located in, or owned in substantial part by persons residing in the area of the
project.
B. The parties to this contract will comply with the provisions of said Section 3 and the
regulations issued pursuant thereto by the Secretary of Housing and Urban
Development set forth in 24 CFR 135.20, and all applicable rules and orders of the
Department issued thereunder prior to the execution of this contract. The parties
to this contract certify and agree that they are under no contractual or other
disability which would prevent them from complying with these requirements.
C. The contractor will send to each labor organization or representative of workers with
which he has a collective bargaining agreement or other contract or understanding,
if any, a notice advising the said labor organization of workers' representative of his
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SECTION 3 CLAUSE
(Continued)
commitments under this Section 3 Clause and shall post copies of the notice in
conspicuous places available to employees and applicants for employment or
training.
D. The contractor will include this Section 3 Clause in every subcontract for work in
connection with the project and will, at the direction of the applicant for or recipient
of Federal financial assistance, take appropriate action pursuant to the subcontract
upon a finding that the subcontractor is in violation of regulations issued by the
Secretary of Housing and Urban Development, 24 CFR 135.20. The contractor will
not subcontract with any subcontractor where it has notice or knowledge that the
latter has been found in violation of regulations under 24 CFR 135.20, and will not
let nay subcontract unless the subcontract has first provided it with a preliminary
statement of ability to comply with the requirements of these regulations.
E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR
135.20, and all applicable rules and orders of the Department issued thereunder
prior to the execution of the contract, shall be a condition of the Federal financial
assistance provided to the project, binding upon the applicant or recipient for such
assistance, its successors, and assigns. Failure to fulfill these requirements shall
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subject the applicant or recipient, its contractors and subcontractors, its successors,
and assigns to those sanctions specified by the grant or loan agreement or contract
through which Federal assistance is provided, and to such sanctions as are
specified by 24 CFR 135.20.
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EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
FOR CONTRACTS SUBJECT TO EXECUTIVE ORDER 11246
The applicant hereby agrees that it will incorporate or cause to be incorporated into
any contract for construction work, or modification thereof, as defined in the regulations of
the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with
funds obtained from the Federal Government or borrowed on the credit of the Federal
Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken
pursuant to any Federal program involving such grant, contract, loan, insurance, or
guarantee, the following equal opportunity clause:
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The contractor
will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their race, color,
religion, sex, or national origin. Such action shall include, but not be limited to the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of payor other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in
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EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
FOR CONTRACTS SUBJECT TO EXECUTIVE ORDER 11246
(Continued)
conspicuous place, available to employees and applicants for employment, notices
to be provided setting forth the provision of this nondiscrimination clause.
(2) The contract will, in all solicitations or advertisements for employees placed by or
on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex or national
origin.
(3) The contractor will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a
notice to be provided advising the said labor union or workers' representative of the
contractor's commitments under this section, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
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