South Beach Aids Proj $15,000
4
CO~TYDEVELOPMENTBLOCKGRANTAGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND
SOUTH BEACH AIDS PROJECT
This Agreement made and entered into this 1 st day of October, 2002, by and between the CITY
OF MIAMI BEACH, a Florida municipal corporation, hereinafter referred to as "the City", and SOUTH
BEACH AIDS PROJECT, hereinafter referred to as "Provider".
WHEREAS, the City has received an entitlement grant from the U.S. Department of Housing
and Urban Development as part of its Community Development Block Grant Program for the period
October 1, 2002, to September 30, 2003 (hereinafter "the contract period"); and
WHEREAS, the primary objective of the Community Development Block Grant (CDBG)
Program is the development of viable urban communities, including decent housing and a suitable living
environment and expanding economic opportunities principally for persons of low and moderate income;
and
WHEREAS, the One-Year Action Plan was adopted by City of Miami Beach Resolution No.
2002-24948 on July 31, 2002; and
WHEREAS, the City has determined, through its One-Year Action Plan for federal funds for
Fiscal Year 2002/2003, the necessity for engaging the Provider to render the following services in Miami
Beach: Positive Support (collectively, the Program).
NOW, THEREFORE, in consideration ofthe mutual benefits contained herein, the City and
Provider agree as follows:
Section 1.
Section 2.
Section 3.
Section 4.
Agreement Documents: Agreement documents shall consist of this Agreement and four
(4) attachments, all of which are incorporated by reference into this Agreement:
. Attachment I contains a description of the Program service and goals offered by the
Provider.
. Attachment II is a line item budget.
. Attachment III outlines financial management procedures and reporting forms for use
with Community Development Block Grant funds.
. Attachment IV contains applicable federal regulations.
Statement of Work: The Provider agrees to implement the activities in accordance with
the Budget, as described in Attachments I and II.
Positive Support
(570.208( a)(2)/570 .20 I ( e))
To provide up-to-date IllY/AIDS information about HIV prevention, use of services,
medical treatment and assistance with reentering the work force.
Agreement Amount: The City agrees to make available Fifteen Thousand Dollars and
00/100 ($15,000) for use by the Provider during the term of the Agreement.
Alterations: Any proposed alterations in the Program offered by the Provider and/or the
budget shall first be submitted to and approved in writing by the City, said approval at the
City's sole judgement and discretion.
~
./
.' Section S.
Section 6.
Section 7.
Section 8.
Section 9.
Method of Payment and Reporting Requirements: The Provider agrees to submit
monthly Program progress reports to the City on the lOth day of each month, throughout
the term of this Agreement. The Provider also agrees to submit, on September 30,2003, a
comprehensive final report covering the agreed-upon Program objectives, activities, and
expenditures during the term of this Agreement, including, but not limited to, performance
data on client feedback, with respect to the goals and objectives outlined in Attachment I.
Attachment III contains reporting forms to be used in fulfillment of this requirement.
Other reporting requirements may be required by the City 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 pending CDBG payments to the Provider, and/or terminate the
Agreement for cause, pursuant to Section 12 herein.
Monitoring: The City shall schedule no less than one (1) monitoring visit with the
Provider to evaluate the progress and performance of the Program and, at its discretion,
provide technical assistance.
Additional Conditions and Compensation - It is expressly understood and agreed by the
parties hereto that monies to be used by Provider for compensation, as contemplated by
this Agreement, originate from grants of Community Development Block Grant funds
from the U.S. Department of Housing and Urban Development (HUD) and must be
implemented in full compliance with all ofHUD'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 all or any
portions of the funds contemplated herein will not be available, and that this Agreement
will thereby terminate effective as ofthe time that it is determined by the City, in its sole
discretion and judgement, 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
nor any individual member of the City Commission and/or City Administration thereof
personally for the performance ofthis Agreement and all of the parties hereto shall be
released from further liability each to the other under the terms of this Agreement.
Compliance with Local, State and Federal Regulations - The Provider agrees to
comply with all applicable federal regulations as they may apply to program
administration and to carry out each activity in compliance with the laws and regulations
as described in 24 CFR 570 Subpart K, as same may be amended from time to time.
Additionally, the Provider will comply with all state and local (City and County) laws and
ordinances hereto applicable. It shall be the Provider's sole and absolute responsibility to
continually familiarize itself with any and all such applicable federal regulations, as well
as any and all applicable stat~ and local laws and ordinances.
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.
2
\J )
Section 10. Subcontract: No part ofthis Agreement may be assigned or subcontracted without the
prior written consent of the City, such consent to be at the City's sole discretion and
judgement.
Section 11. Term: This Agreement shall remain in effect from October 1,2002, through September
30, 2003, with the understanding that at the end of any fiscal year during the term herein,
the City of Miami Beach City COrhmission has the authority to reappropriate any
remaining unused funds,
Section 12. Termination of Agreement:
12.1 Termination for Convenience: The City and Provider agree that this Agreement
may be terminated for convenience and without cause, by either party hereto by
written notice to the other party of such intent to terminilte, at least thirty (30) days
prior to the effective date of such termination. In the event of such termination for
convenience by either party, the City shall cease any payments to Provider for costs
resulting from obligations, which were not properly incurred before the effective date
of termination. Additionally, Provider shall be solely responsible for submitting a
final report, as provided in Section 5 of the Agreement, 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 the termination. Upon timely receipt of Provider's "final report", the City, at
its sole discretion, shall determine the amount (if any) of CDBG funds to be returned
to the City as a result of any incomplete Program items and/or items not satisfactorily
performed, and shall provide Provider with written notice of any monies due. Said
monies shall be due immediately and payable 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 the CDBG funds herein, 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
place the Provider in default of this Agreement, and may suspend or terminate this
Agreement, for cause. "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 and judgement, in accordance
with the terms of this Agreement, or any Federal, State, County or City
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 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.
The City shall notify the Provider in writing when the Provider has been placed iri
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
3
"- ~ /~
condition precedent to clearing the deficiency; and (Hi) a reasonable date for
compliance, which shall be no more than fifteen (15) days from notification date. In
the event that Provider fails to correct such deficiency within the aforestated period,
and following such notice from the City, this Agreement shall be considered
terminated for cause by the City, without further notice to Provider,
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 such funds are no longer available. 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,
in the sole discretion of the City:
a. The costs resulting from obligations which were properly incurred before the
effective date of suspension or termination, are not in anticipation of it, and,
in the case of termination, are noncancelable; and
b. 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.
In the event of termination of the Agreement, at its sole discretion, the City may require
Provider to transfer any CDBG assets to the City pursuant to Section 16 herein,
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 CDBG-funded
activity during the term of this Agreement.
Section IS. 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 and only in accordance with requirements set in 24 CFR
~570.200(j). The Provider shall comply with First Amendment Church/State principles, as
follows:
a. It will not discriminate against any employee or applicant for employment on the basis
of religion and will not limit employment or give preference in employment to
persons on the basis of religion.
b. It will not discriminate against any person applying for public services on the basis of
religion and will not limit such services or give preference to persons on the basis of
religion.
c. It will 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
J
....... 1.1
All insurance required by this section of the Agreement shall be and remain in full force
and effect for the entire term of the Agreement and/or throughout the duration of the
Project, whichever is greater, and each certificate or policy shall carry the provision that
the insurance shall not terminate, lapse or otherwise expire, prior to thirty (30) days
written notice to that effect, given by the insurance carrier to the City, and that the
insurance carrier will not invoke the defense of performance of a governmental function
by the Provider in performing this contract.
Compliance with the foregoing requirements shall not relieve the Provider of the liabilities
and obligations under this Section or under any other portion of this Agreement. 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. All of Provider's certificates, above, shall contain
endorsements providing that written notice shall be given to the City at least thirty (30)
days prior to termination, cancellation or reduction in coverage of the policy.
Section 22. Conmct 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 of24 CFR 570.6ll"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 ~nflicting 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 enforceable in Miami-Dade County, Florida, and iflegal
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 the same shall lie in
Miami-Dade County, Florida.
Section 24. 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, Director
Housing and Community Development Division
Neighborhood Services Department
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Provider:
Kevin Garrity, Executive Director
South Beach AIDS Project
1521 Alton Road, #402
Miami Beach, FL 33139
Section 25. Limitation of Liability: The City desires to enter into this Agreement only if in so doing
the City can place a limit on City's liability for any cause of action for money damages
due to an alleged breach by the City of this Agreement, so that its liability for any such
9
breach never exceeds the sum of$lO,OOO. 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 $10,000, less the amount of
all funds actually paid by the City to Provider pursuant to this Agreement.
Accordingly, Provider hereby agrees that the City shall not be liable to Provider for
damages in an amount in excess of$lO,OOO, 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.
This Agreement shall be binding upon all parties hereto and their respective heirs, executors,
administrators, successors and assigns.
In witness thereof, the parties hereto have executed or caused to be executed by their duly
authorized officials, this Agreement in three (3) copies, each of which shall be deemed an original on the
date first above written,
ATTEST:
BEACH, FLORIDA
Jet ~~
SOUTH BEACH AIDS PROJECT
4~~L.-
AtfL&y
~
~lC~~~~~~9
ORIZED
F:\NEIG\Developmcnt\L YSSE'ITE\ACl'PLAN\2002-2003\Contracts\SOBAP\Agreemcnt Positive Support.doc
APPROVED NlJTO
FORM & LANGUAGI
& FOR EXECUTION
f. O~('~ (j)/
0.
CDBG AGREEMENT
October 1, 2002 to September 30, 2003
ATTACHMENT I
STATEMENT OF WORK AND GOALS
DESCRIPTION OF PROGRAM
To provide lllV/AIDS information and referrals, and educational workshops targeting people living with
HIV/AIDS and considering a return to the workforce.
The program will provide support to people with lllV/AIDS to help improve the quality of their lives
through professionally led support groups. lbrough the use of group counseling sessions, participants
learn coping skills relating to the isolation and depression and anger experienced by HIV positive and
PWLA. Participants share knowledge of treatment options. The program will provide weekly sessions,
with one group focusing on the younger (16-29) population.
Group #1 is a continuation of the Support Group that was started as part of the CDBG-funded Work In
Progress Program. It is intended for long-term survivors of AIDS and deals with issues such as
medication adherence, side effect management, treatment simplification as well as issues related to
disability benefits and estate planning. Outcomes in this group are measured in various ways: total
number of attendees (approx. 25 per week), number of new attendees (approx. 1-2 per week), and number
of clients who feel that they no longer need to attend group (approx. 1-2 per month.) Using this method,
this group will serve approximately 125 persons.
Group #2 is intended for those clients who have recently received a diagnosis of AIDS or of their HIV
positive status (within one year of attending their first group.) Issues dealt with in Group #2 are
disclosure issues, medical intervention, options and resources available, etc. Participants in this group
will be encouraged to leave the group after 10 weeks and will be referred on to other groups or private
counseling, as appropriate. Outcomes are measured by number of attendees (a core group of 10-12
participants), new attendees (approximately 5 per month), and clients living the group. This group will be
expected to serve approximately 30 people per year.
PROGRAM GOALS AND MEASURABLE OUTCOMES
1. Conduct "Group 1 - Long Term Survivors" therapist-led two-hour group sessions with
approximately 25 attendees and 1-2 new attendees per week.
2. Conduct "Group 2 - Newly-Diagnosed" therapist-led two-hour group sessions with a core group
of 10-12 participants with approximately 5 new participants per month.
3. Administer the program.
SCHEDULE FOR IMPLEMENTATION
Goal Oct. Nov. Dec. Jan. Feb. March Apr. May June July Aug. Sept.
2002 2002 2002 2003 2003 2003 2003 2003 2003 2003 2003 2003
I X X X X X X X X X X X X
2 X X X X X X X X X X X X
3 X X X X X X X X X X X X
,
\\CH2IVOLl\NBlG\Development\L YSSETTE\ACTPLAN\2002-200~\Contrads\SOBAPlAttachmcnt I.doc
Page 1 of I
./'
CDBG AGREEMENT
October 1, 2002 to September 30, 2003
ATTACHMENT II
BUDGETSU~YSHEET
Project Name: Positive Support Funding Year: 2002/2003
Provider Name: South Beach AIDS Project Date Submitted:
Category Category Breakdown CDBG/ESG Other Funds Other Funding Total Funds
Number Funds Sources
1 Salaries and Benefits $3,850 $0 $3,850
2 Consultants and Contract $10,000 $0 $10,000
Services
3 Office Expenses $1,150 $0 $1,150
Grand Total
$15,000
Total CDBG/ESG Funds $15,000
Total Other Funds
Page 1 of4
I
'-
l6.- -, ...~,.
CDBG AGREEMENT
BUDGET ITEMIZATION SHEET
Project Name:
Positive SUDDort
Funding Year 2002/2003
Provider Name:
South Beach AIDS Project
Date Submitted:
Category Amount
Category Category Breakdown CDBG/ESG Other Funds Total Funds
Number Funds
2 Theravist Fees - Grouv ULonf! Term Survivors) $7,500 $0 $7,500
100 hours (1 session per week x 50 sessions x 2
hours/session x $75/hour)
2 Theravist Fees - Grouv 2 (Newlv-Diaf!nosed) $2,500 $0 $2,500
100 hours (1 session per week x 50 sessions x 2
hours/session x $25/hour)
.
/
Total Amount $10,000 $10,000
Page 3 of 4
_,./k
CDBG AGREEMENT
BUDGET ITEMIZATION SHEET
Project Name: Positive Support
Funding Year 2002/2003
Provider Name: South Beach AIDS Proiect
Date Submitted:
. Category Amount
Category Category Breakdown . CDBG/ESG Other Funds Total Funds
Number Funds
3 Office ExDenses
.
Telephone (approximately $41.67 per month x 12 $500 $0 $500
months) .
Copy Machine (approximately $41.67 per month x $500 $0 $500
12 months)
Computer Lease (approximately $12.5 per month $150 $0 $150
x 12 months)
Total Amount $1,150 $0 $1,150
Page 4 of 4
t II
, .
CDBG AGREEMENT
October 1, 2002 to September 30, 2003
ATTACHMENT ill
GUIDELINES FOR FINANCIAL MANAGEMENT OF CDBG-FUNDED ACTMTIES
FINANCIAL MANAGEMENT SYSTEM
To comply with federal regulations, each program must have a financial management system that
provides accurate, current and complete disclosure of the financial status of the activity. This means the
financial system must be capable of generating regular financial status reports which indicate the dollar
amount allocated for each activity (including any budget revisions), amount obligated (i.e., for which
contract exists), and the amount expended for each activity. The system must permit the comparison of
actual expenditures and revenues against budgeted amounts. The City must be able to isolate and to trace
every CDBG dollar received and prove where it went and for what it was used,
The City is responsible for reviewing and 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 requiremepts and modifications are not
possible, the City must administer the CDBG funds for the operating agency.
SUPPORT FOR EXPENDITURES
Sufficient support for expenses depends on the type of expenditure. They normally include the following
items:
. Salaries (should be supported by proper documentation in personnel files of hire date, position,
duties, compensation, raises with effective date, termination date, and similar type information. Non-
exempt employees are required by law to complete a timesheet showing number of hours they worked
during the day. All employees paid in whole or in part from CDBG funds should prepare a time sheet
indicating the hours worked on CDBG projects for each pay period. Based on these time sheets and
the hourly payroll costs for each employee, a voucher statement indicating the distribution of payroll
charges should be prepared and placed in the appropriate files.)
. Employee Benefits (should be supported by personnel policies and procedures manual, describing
the types of benefits, eligibility and other relevant information.)
. Professional Services (should be supported by a complete and signed copy of the contract between
the organization and the independent contractor, describing at the minimum, period of service, type of
service and method for payments, in addition to the invoice from the private contractor.
. Purchases (at a minimum, purchases should be supported by a purchase order, packing list and
vendor invoice. Credit card statements, travel itineraries, vendor statements, and similar items do not
represent support for an expense.)
RECORDS
Accounting records must be supported by source documentation. Invoices, bills of lading, purchase
vouchers, payrolls and the like must be secured and retained for four years in order to show for what
\\CH2IVOLI INEIGlDevelopmentlL YSSETTEIACTPLAN\2002-2003\ContractslAttachment III (Revised).doc
Page 1 of2
, /' " .,..~
purpose funds were spent. Payments should not be made without invoices and vouchers physically in
hand. All vouchers/invoices should be on vendor's letterhead. Financial records are to be retained for a
period of four years, with access guaranteed to the City, to HUD or Treasury officials or their
representative.
AUDITS
For years beginning after June 30, 1996, all nonprofit organizations, state governments, and local
governments that receive Federal funding fall under the revised OMB Circular A-133, Audits of States,
Local Governments, and Nonprofit Organizations. Non-Federal entities that expend $300,000 or more in
a year in Federal awards must have a single or program-specific audit.
One copy of the sub-recipient or vendors' audited financial statement shall be submitted to the City
immediately following the end of the fiscal year(s) during which CDBG funds are received.
All auditees must submit to the Federal Audit Clearinghouse (F AC) 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. 10tb Street
Jeffersonville, IN 47132
Phone (301) 457-1551 or (800) 253-0696
Email: gov.fac(al,census.goV
Web: http://harvester.census.gov/sac
REQUESTS FOR PAYMENTS
Payments to sub-recipients will be on a reimbursement basis. Requests are to be submitted utilizing the
enclosed fmancial status, client profile, and narrative report forms, in a format consistent with the
approved budget as shown in Attachment 11, including an analysis of expenses to budget. A cash advance
may be available upon special request. All requests must be submitted to:
Joanna Revelo, Director
Housing and Community Development Division
City of Miami Beach
Neighborhood Services Department
1700 Convention Center Drive
Miami Beach, Florida 33139
\\CH2\VOLI \NEIG\Development\L YSSETTE\ACTPLAN\2002-2003\Contracts\Attachment III (Revised).doc
Page 2 of2
.../ " .
~
ICMB Budget Account 133.5519.000345
I MonthlY ear I
CITY OF MIAMI BEACH
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FlNANC~STATUSREPORT
Provider: South Beach AIDS Project
Reporting Period:
Project Name: Positive Support
Date Submitted:
CDBG Year 28
FY 2002/2003 $15,000
Budget Amount
Month This Month Year to Date Balance
Oct-02 $ - $ - $ 15,000.00
Nov-02 $ - $ - $ 15,000.00
Dec-02 $ - $ - $ 15,000.00
Feb-03 $ - $ - $ 15,000.00
Mar-03 $ - $ - $ 15,000.00
Mar-03 $ - $ - $ 15,000.00
Apr-03 $ - $ - $ 15,000.00
May-03 $ - $ - $ 15,000.00
Jun-03 $ - $ - $ 15,000.00
Jul-03 $ - $ - $ 15,000.00
Aug-03 $ - $ - $ 15,000.00
Sep-03 $ - $ - $ 15,000.00
This Request
Attached you will find original invoices or canceled checks plus copies of paid invoices to substantiate
the above expenditures. I certify that all goods and services have been received, that they all fall within
the contractual scope of services and budget, and that these costs have not been paid previously by any
other funding source. I certify that substantially all program income receiv.ed has been disbursed or will
be disbursed within 3 days of this request, in accordance with the provisions at 24 CFR 570.504 and that
the amount of this request is additionally needed to pay invoices as listed.
Authorized Signature
Name and Title of Person Submitting Report
/,-/;, '"
CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
MONTHLY NARRATIVE AND CLIENT PROFILE REPORT
Project Name: Positive Support
Date Submitted:
Signature:
Provider:
South Beach AIDS Proiect
Reporting Period:
Person Submitting Report:
Please complete the following reports for activities undertaken during this month's reporting period. Ifreporting for more than
one activity, provide a separate progress and client profile report for each distinct activity.
I. Monthly Progress Report - Please document the progress achieved during this month towards the project goals and
measurable outcomes that were outlined in the Schedule for Implementation of the Statement of Work and Goals
(Attachment I of the Agreement.)
Month Goal
Met Not Met
October
November
December
January
February
March
Month Goal
Met Not Met
April
May
June
July
August
September
In the space below, describe any problem, which may have affected your performance during the reporting period. Attach
additional pages, if necessary and describe any special circumstance encountered, recognition or award received during the
reporting period.
II. Client Profile Report
Month Clients Income Range Ethnicity Female Special
HOH Needs3
New YTD' 50% 80% White Not Black Not Hispanic American AsianlPacific
(VLI)2 (LM) 2 Hispanic Hispanic Indian Islander/Other
Oct.
Nov.
Dec.
Jan.
Feb.
March
April
May
June
July
Aug.
Sept.
Total
Notes: (I) YTD indicates Year to Date. This number equals prior monthly figures + current monthly figures. (2) VLI indicates very-low
income. LM indicates low/moderate-income. (3) Special Needs includes elderly/frail elderly persons, persons with AIDS, persons with
disabilities, homeless persons, and families participating in programs to achieve economic self-sufficiency.
\\CH2\VOLl\NEIG\Dcvelopmcnt\L YSSETTE\ACTPLAN\2002-2003\Contracts\SOBAP\Progress Report.doc
.J fI ___
CDBG AGREEMENT
October 1, 2002 to September 30, 2003
ATTACHMENT IV
APPLICABLE FEDERAL REGULATIONS
I. NON-DISCRIMINATION AND EQUAL ACCESS
No person in the United States shall on the grounds of race, color, national origin, religion or sex
be excluded, denied benefits or subjected to discrimination under any program funded in whole or
in part by CDBG funds. The Provider must take measures to ensure non-discriminatory
treatment, outreach and access to program resources. This applies to employment and
contracting, as well as to marketing and selection of program participants.
Fair Housing and Equal Opportunity
The Provider must comply with all the following Federal laws, executive orders and regulations
pertaining to fair housing and equal opportunity. They are summarized below:
. Title VI of the Civil Rights Act of 1964. As Amended (42 USC 2000d et sea.): 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 offamilial status. Fair
Housing Act implementing regulations may be found in 24 CFR Part 100-115.
. Eaual Opportunity in Housing (Executive Order 11063. as amended bv 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 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 affmnatively market housing
assisted with CDBG funds;
Page 1 of7
.............. I. _"
. 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.
. 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 ofthe Rehabilitation Act of 1973 prohibits discrimination in
federally assisted programs on the basis of handicap. Section 504 imposes requirements to
ensure that "qualified individuals with handicaps" have access to programs and activities that
receive Federal funds. Under Section 504, recipients and subrecipients are not required to
take actions that create unique fmancial 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.
II. 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 Emplovment Opportunity. Executive Order 11246. as amended: Prohibits
discrimination against any employee or applicant for employment because of race, color,
religion, sex or national origin. Provisions to effectuate this prohibition must be included in
Page 2 of?
~.A.. .
all construction contracts exceeding $10,000. Implementing regulations may be found at 41
CFR Part 60.
. Section 3 ofthe 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 servlce area.
. MinorityIWomen's Business Enterorise: Under Executive Orders 11625, 12432 and 12138,
the City and the Provider must prescribe procedures acceptable to HUD for a minority
outreach program to ensure the inclusion, to the maximum extent possible, of minorities and
women, and entities owned by minorities and women, in all contracts (see 24 CFR 85.36(e)).
Labor Requirements
The Provider must comply with certain regulations on wage and labor standards. In the case of
Davis-Bacon and the Contract Work Hours and Safety Standards Acts, every contract for
construction (in the case of residential construction, projects with eight or more units) triggers the '"
requirements.
. Davis-Bacon and Related Acts (40 USC 276( A )-7): Ensures that mechanics and laborers
employed in construction work under Federally-assisted contracts are paid wages and fringe
benefits equal to those that prevail in the locality where the work is performed. This act also
provides for the withholding of funds to ensure compliance, and excludes from the wage
requirements apprentices enrolled in bona fide apprenticeship programs.
. Contract Work Hours and Safety Standards Act. as amended (40 USC 327-333): Provides
that mechanics and laborers employed on Federally-assisted construction jobs are paid time
and one-half for work in excess of 40 hours per week, and provides for the payment of
liquidated damages where violations occur. This act also addresses safe and healthy working
conditions,
. Copeland (Anti-Kickback) Act (40 USC 276c): Governs the deductions from paychecks that
are allowable. Makes it a criminal offense to induce anyone employed on a Federally
assisted project to relinquish any compensation to which he/she is entitled, and requires all
contractors to submit weekly payrolls and statements of compliance,
. Fair Labor Standards Act of 1938. As Amended (29 USC 201. et. sea.): Establishes the basic
minimum wage for all work and requires the payment of overtime at the rate of at least time
and one-half. It also requires the payment of wages for the entire time that an employee is
required or permitted to work, and establishes child labor standards.
Contracting and Procurement Practices
The CDBG program is subject to certain Federal procurement rules. In addition, the City and the
Provider must take measures to avoid hiring debarred or suspended contractors or subrecipients
and conflict-of-interest situations. Each is briefly discussed below.
. Procurement: For the City, the procurement standards of24 CFR 85.36 apply. For non-profit
organizations receiving CDBG funds, the procurement requirements at 24 CFR Part 84 apply.
. Conflict of Interest: The CDBG regulations require grantees (the City), state recipients and
subrecipients (the Provider) to comply with two different sets of conflict-of-interest
provisions. The first set of provisions comes from 24 CFR Parts 84 and 85. The second,
Page 3 of7
(./...-...,
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 CPR 85.36 and 24 CPR 84.42 apply in the procurement of property
and services by grantees (the City), state recipients, and subrecipients (the Provider).
These regulations require the City and the Provider to maintain written 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 subagreements; 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 CPR 570,611 governing conflict-of-interest apply in cases
not covered by 24 CFR 85.36 and 24 CPR 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 subrecipient (the Provider) entity.
Upon written request, exceptions to both sets of provisions may be granted by HOD on a
case-by-case only after the City has:
Disclosed the full nature of the conflict and submitted proofthat the disclosure has
been made public; and
Provided a legal opinion from the City stating that there would be no violation of
state or local law if the exception were granted.
. Debarred contractors: In accordance with 24 CFR Part 5, CDBG funds may not be used to
directly or indirectly employ, award contracts to or otherwise engage the services of any
contractor or subrecipient during any period of debarment, suspension or placement of
ineligibility status. The City should check all contractors, subcontractors, lower-tier
Page 4 of7
(........... .,-- ).
contractors or subrecipients against the Federal publication that lists debarred, suspended and
ineligible contractors.
m. 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 subrecipients (the Provider) should be
diligent about meeting procedural requirements.
Flood Insurance
Section 202 of the Flood Disaster Protection Act of 1973 (42 USC 4106): Requires that CDBG
funds shall not be provided to an area that has been identified by the Federal Emergency
Management Agency (FEMA) as having special flood hazard, unless: The community is
participating in the National Flood Insurance Program, m: 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 dust
testing after paint is disturbed to make sure the home is lead-safe. Specific requirements depend
on whether the housing is being disposed of or assisted by the federal government, and also on
the type and amount of financial assistance, the age of the structure, and whether the dwelling is
rental or owner occupied.
PROPERTY EXEMPT FROM LEAD-BASED PAINT REGULATION.
. Housing built since January 1, 1978, when lead paint was banned for residential use
. Housing exclusively for the elderly or people with disabilities, unless a child under age 6 is
expected to reside there
. Zero-bedroom dwellings, including efficiency apartments, single-room occupancy housing,
dormitories or military barrackS
. Property that has been found to be free of lead-based paint by a certified lead-based paint
inspector
. Property where all lead-based paint has been removed
Page 5 of7
'-/'. --" ----
. Unoccupied housing that will remain vacant until demolished
. Non-Residential property
. Any rehabilitation or housing improvement that does not disturb a painted surface
TYPES OF HOUSING SUBJECT TO 24 CFR 35
. Federally-Owned housing being sold
. Housing receiving a federal subsidy that is associated with the property, rather than with the
occupants (project-based assistance)
. Public housing
. Housing occupied by a family (with a child) receiving tenant-based subsidy (such as a
voucher or certificate)
. Multifamily housing for which mortgage insurance is being sought
. 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 lDD (800) 526-5456 for the hearing impaired. You
can also download the regulation and other educational materials at
htto://www.hud.gov/offices/lead/index.cfrn. For further information, you may call HUD at (202) 755-
1785, ext. 104, or e-mail HUD at lead regulations@j1Ud.gov.
V. DISPLACEMENT, RELOCATION, ACQUISITION AND REPLACEMENT OF
HOUSING
CDBG projects involving acquisition, rehabilitation or demolition may be subject to the
provisions ofthe 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 WIm 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 (Effective 12/10/2001) (Source: U.S.
Department of Housing & Urban Development) (Note: Low-Income (80% of Median Income),
Very Low-Income (50 % of Median Income) Median Family Income FY 2002: $48,200)
Household Size 30% of Median Very Low-Income Low-Income
1 Person $10,100 $16,850 $27,000
2 Person $11,550 $19,300 $30,850
3 Person $13,000 $21,700 $34,700
4 Person $14,450 $24,100 $38,550
5 Person $15,600 $26,050 $41,650
6 Person $16,750 $27,950 $44,750
7 Person $17,950 $29,900 $47,800
8 Person $19,100 $31,800 $50,900
Page 6 of?
,
~.L....
LOW/MODERATE INCOME DATA
SOUTHERN TARGET AREA
Census Tract Total LIM Persons Total Persons % Low/Mod
40.00-5 310 448 69.20
41.01-1 614 757 81.11
41.01-2 2,137 4,002 53.40
41.oJ-3 810 1,511 53.61
42 10,042 13,736 73.11
43 6,728 9,582 70.21
44 10,774 13,244 81.35
45 1,768 2,307 76.64
TOTAL 33,183 45,587 73% L/M
NORTHERN TARGET AREA
Census Tract Total LIM Persons Total Persons % Low/Mod
39.oJ-l 603 1,036 58.20
39.oJ-2 620 836 74.16
39.oJ-3 407 468 86.97
39.01-4 518 772 67.10
39.01-5 1,593 2,256 70.61
39.01-6 1,581 2,240 70.58
39.02-1 704 897 78.48
39.02-2 876 1,187 73.80
39.02-3 211 211 100.00
39,02-4 1,564 2,097 74.58
39.05-2 2,408 3,346 71.97
39,05-4 2,401 3,071 78.18
TOTAL 8,677 12,000 72%L/M
\CH2\VOLl\NBIG\Dcvclopment\L YSSBlTE\ACTPLAN\2002-2003\Contracts\Attachment IV Final.doc
Page 7 of7
ll.,..,..A 'J, "
CERTIFICATION REGARDING LOBBYING
Name of Recipient:
CITY OF MIAMI BEACH
SOUTH BEACH AIDS PROJECT
Name of Sub-recipient:
Grant Program Name:
COMMUNITY DEVELOPMENT BLOCK GRANT
Grant Number:
B-02-MC-12-00 14
14218/ COMMUNITY DEVELOPMENT BLOCK GRANT
~O~
The undersigned certifies, to the best of his or her knowledge and belief, that:
CFDA Number/Title:
Date:
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 Me~ber 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.
SOUTH BEACH AIDS PROJECT
Si_#/fl
~~JaJ/QJ.
Date , ,
I(€",,~ ~!\~~
Print Name of Authorized Signatory
6~ c vJ~ ~)ruh
Print Title of Authorize Signatory
Page 1 of 1
,,~..-.-
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REOUlREMENTS
Name of Recipient:
CITY OF MIAMI BEACH
Name of Sub-recipient:
SOUTH BEACH AIDS PROJECT
Grant Program Name:
COMMUNITY DEVELOPMENT BLOCK GRANT
Grant Number:
B-02-MC-12-0014
CFDA Numberffitle:
14218/ COMMUNITY DEVELOPMENT BLOCK GRANT
,() IM/Od..
Date:
The Provider shall insert in the space provided below the site(s) expected to be used for the performance
of work under the grant covered by the certification:
Place of Performance (include street address, city, county, state, zip code for each site):
~'Q ~ l\ '('CO \" ~~,.
~\~, fl~ 'S5H9
IO/)/!oJ.
Date' I I
Signature
l~ \,~ <; ~"(l-\~
Print Name of Authorized Signatory
E~-c(J vdlV'- Q)ftltclc'l
Print ide of Authorized Signatory
Page 1 of 1
\.
lll_'" .......
ACKNOWLEDGEMENT OF DISABILITY NONDISCRIMINATION AFFIDAVIT
CONTRACT REFERENCE CDBG CONTRACT YEAR 28. Fiscal Year 2002/2003
NAME OF FIRM, CORPORATION, OR ORGANIZATION SOUTH BEACH AIDS PROJECT
AUTHORIZED AGENT COMPLETING AFFIDAVIT ) Le:... '( -'"- G. 0-0 Q..<\:"'"
POSITION cG~~<J~A.A... ~~.........~"'~ PHONENUMBER~ ~~\O)~
I, \ (.e. ..( \" <.b 'i?--6'\\))... }", , 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 V.S.C.
12101-12213 and 547 V.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 V.S.C. Section 794.
The Federal Transit Act, as amended: 49 V.S.C. Section 1612.
as amended: 42 V.S.C. Section 3601-3631.
jo /o./!o ~~
Date / [
SUBSCRIBED AND SWORN TO (or affirmed) before me on O~;2.? 2<:02- by
(Date)
k~ v~1'i {'-rrjrri'7 E,
(Affiant)
presente_d 10-,/. ~, br,v.IJc.tF- r::;- {~ 'frob ICJO
(Type of identification)
~n/J~~
(Signature ofNoJ:arS1)
~ /I/a~ 'Be CI uchQUP
(Print or Stamp Name of Notary) ,
Notary Public f~yi do....; (State) Notary Seal
. He/" is personally known to me or ~
as identification.
1> 1> IOcr Zgtj
(Serial Number)
SEAL
UUJAN BEAUCHAMP
NCJI'ARY PllBUC Sf ATE OF FLORIDA
COMMISSION NO, DDt09289
MY COMMISSION EXP. APR. 29~
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.
0(,
Page 1 of 1
\.