RESOLUTION 91-20251 RESOLUTION NUMBER 91-20251
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AND
DIRECTING THE EXECUTION OF AN AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND THE MIAMI
BEACH DEVELOPMENT CORPORATION (MBDC) , A NON-
PROFIT FLORIDA CORPORATION, FOR THE PURPOSE OF
FUNDING A SMALL BUSINESS COUNSELING, TRAINING
AND TECHNICAL SUPPORT PROGRAM
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, THAT,
WHEREAS, the City of Miami Beach, hereinafter referred to
as the "City" , is authorized by Commission Memorandum Number 5467 ,
dated January 21, 1976, to prepare an Application for a Community
Development Block Grant, hereinafter referred to as "CDBG Funds"
and to design and implement such systems as are necessary to insure
that the Community Development Program is developed, conducted and
administered in accordance with Title I of the Housing and
Community Development Act of 1974 , as amended; the Urban-Rural
Recovery Act of 1983 ; and the Housing and Community Development Act
of 1987, and any Federal Regulations promulgated thereunder, as
well as applicable State and Local Authorities, and in such
capacity is authorized to enter into and execute Agreements with
other departments and agencies within the City; and
WHEREAS, the City has duly submitted the Year Sixteen
Final Statement of Objectives and Projected Use of Funds to the
U.S. Department of Housing and Urban Development which identified
$1, 894 , 264 in available CDBG resources for Year Sixteen projects,
of which $1, 771, 000 are Year Sixteen entitlement funds, $109 , 264 in
funds reprogrammed from prior year' s funds, and $14 , 000 in program
income available for Year Sixteen projects; and
WHEREAS, on January 10, 1991, the City sent to the U. S .
Department of HUD (Jacksonville Office) MBDC ' s proposed activities
and budgets, and requested a written determination on the
eligibility, feasibility, and reasonable/appropriateness of this
activity; therefore, this activity will be contingent on HUD' s
review and approval of such; and
WHEREAS, on February 13 , 1991, the City notified the U.S .
Department of HUD that it had amended its "CDBG Year 16 Final
Statement of Objectives and Projected Use of Funds" in order to add
several new activities including the one herein referenced; and
WHEREAS, the City desires to enter into a contract with
the Miami Beach Development Corporation, hereinafter referred to as
the "Provider" , for the purpose of funding a Small Business
Counseling, Training and Technical Support program; and
WHEREAS, the Provider will receive a total amount of
Thirty Nine Thousand One Hundred Twenty dollars ($39, 120) from Year
Sixteen CDBG funds, to be used for the above stated purpose; and
WHEREAS, the CDBG funds are conditional upon the approval
for release of funds from the U. S . Department of Housing and Urban
development; and
WHEREAS, the City Manager has recommended to the City
Commission that said Agreement be entered into; and
WHEREAS, an appropriate Agreement has been prepared and
has been approved as to legal form and sufficiency by the City
Attorney, which Agreement sets forth the terms and conditions of
said project; and
WHEREAS, the City Commission deems it to be in the best
interests of the City and its residents and citizens that said
Agreement be entered into;
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and
City Clerk are hereby authorized and directed to execute an
Agreement with the Miami Beach Development Corporation, on behalf
of the City, and the disbursing officers of the City are hereby
authorized and directed to disburse the funds required by the terms
of said Agreement from CDBG funds hereafter allocated for said
purpose.
PASSED AND ADOPTED THIS 20th DAY OF February , 1991.
MAYO
ATTEST: FORM APPROVED
LEGAL DEPT.
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Date /.57 ft
CITY CLERK
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OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER
TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO.
DATE:
TO: Mayor Alex Daoud and
Members of the City Commission
FROM: Rob W. Parkins
City Manager
• TWO (2) CONTRACTUAL AGREEMENTS WITH THE MIAMI
SUBJECT: APPROVAL OF
BEACH DEVELOPMENT CORPORATION (MBDC) , IN ORDER TO IMPLEMENT
THE NEW YEAR
SIXTEEN (16) COMMUNITY DEVELOPMENT BLOCK GRANT
ACTIVITIES ENTITLED: 1) SMALL BUSINESS COUNSELING, TRAINING,
AND TECHNICAL
SUPPORT PROGRAM, AND 2) LINCOLN ROAD COMMUNITY
ECONOMIC DEVELOPMENT PROGRAM
Commission adopted Resolution On July 11, 1990, the City Comm 90-20037 which P
approved the "Final
Sixteen (16) Community Development Statement of
• Funds" for the program year which commenced
Objectives Ives and Projected Use o f 19 91 . Subsequent to
1990, and continuesq
on October 1, through September 30,
City ,�
Statement" was submitted and accepted by
Commission approval , the "Final
Housing and Urban Development. Also, on . 2/13/91,
the U. S . Department of Hou g HUD. In order to Implement
amendments to this "Statement" were submitted totent
it is necessary to prepare and execute contractual
these new projects,
at this time two new
agreements for such. Therefore, contractual agreementsFund 136 - Year 16 CDBG
are
recommended for approval . Funds are available in
program.
BACKGROUND:
has worked
early October, the Administration very closely with the,
• Corporation (MBDC) following Commission directives to
Miami Beach Development
lems and et the organization back to work.
resolve certain prob g
Six (6) programs were discussed by
Economic and Community Development staff
withthe officials in the HUD Area Office.
and representatives of MBDC to ineligibility,
MBDC' s proposed osed activities were ruled out due g
Several of MBD P
including MBDC' s proposed Ocean Drive Assistance Program.
The contracts presented today
are the culmination of a long series of
discussions with the U.S . Department of HUD.
NEW/MODIFIED MBDC PROGRAMS ACTIVITIES:
On January 10 , 1991 , City
the sent the four (4) programs that MBDC proposes
���---�-�� -Trite
current year, to U. S . HUD requesting a formal written
to undertake in the . feasibility, and reasonable/
determination on the: eligibility, f y' not
budgets. As of this date, we have
appropriateness of the proposed
received HUD' s determination. Therefore, any contracts approved by the City
Commission
• , must be subject approval to a roval by the U. S . Department of HUD.
AGENDA 62 3 -
ITEMT,.... i--) .
DATE 2
COMMISSION MEMO
PAGE 2
On January 23 , 1991, the Commission approved a contract with MBDC, @ $322 , 262
for two of the four activities, i . e. the Commercial Revitalization Program
which contains two (2) components: A) Facade Renovation Program on Washington
Avenue/Lincoln Road, and B) State Loan Program.
ANALYSIS:
MBDC was originally authorized by the City Commission to receive a total of
$477 , 000 this fiscal year (Year 16) , pursuant to Resolution No. 90-20037
adopted on July 11, 1990, as follows:
Commercial Revitalization Program $289 , 799
Home Ownership Program 137 , 201
Lincoln Road Program 50, 000
Total $477 , 000
The Home Ownership allocation @ $137 , 201 is still under question by HUD and
the City is prohibited from contracting this amount with MBDC. The original
Lincoln Road allocation @ $50, 000 is for hard costs, for the design of an as
yet unspecified capital improvement project.
In lieu of the Home Ownership Program, MBDC has requested a re-allocation of
the funds into the two programs described below. However, it should be noted
that on 1/23/91, MBDC' s Commercial Revitalization contract was awarded in the
amount of $322 , 262 , of which $222 , 262 came from Year 16 and an additional
$100, 000 in hard costs from the prior year (Year 15) .
NEW CONTRACT AMOUNTS/TIME FRAMES:
As indicated previously, it is proposed that two (2) contracts be entered
into with MBDC to provide for the following two (2) activities:
1) Small Business Counseling, Training and Technical Support Program
@ $39 , 120.
2) Lincoln Road Community Economic Development Program @ $165, 998 of
which $107 , 318 are for hard costs, and $58 , 680 are for soft costs.
Approval of these contracts will allow the organization to come back to its
full staffing capacity. In addition, a $35, 000 grant from Greater Miami
Neighborhoods will allow the temporary restoration of the Home Ownership
Program, and will actually increase the MBDC staff by one additional
position.
TOTAL RESTORATION OF MBDC FUNDS:
As previously stated, MBDC was orginally authorized by the City Commission to
receive a total of $477 , 000 this fiscal year, Year 16 . Based on the contract
you approved on 1/23/91 and the two contracts recommended for approval at
this Commission Meeting, MBDC ' s Year 16 CDBG allocation will be totally
restored as follows:
Commercial Revitalization Program $222 , 262
Retroactive Amount Pending 49 , 619
Small Business Counseling, Training
and Technical Support 39 , 120
Lincoln Road Community Economic
Development 165, 999
Total $477 ,000
Additional Commercial Revitalization
Program Facade Costs 100, 000
Total Resources Currently
Available to MBDC $577,000
COMMISSION MEMO
PAGE 3
LINCOLN ROAD PROGRAM:
The Lincoln Road Program that you considered on 7/11/90, has changed
substantially, thus requiring an amendment to the Year 16 CDBG "Final
Statement" , as described later in this document.
In addition to the Direct Technical Assistance component, i .e. direct
technical assistance to 12-20 eligible Lincoln Road owners/merchants, MBDC
will : undertake the design and implementation of a physical public
improvement program for Lincoln Road. This program will provide a Capital
Improvement activity, which includes as the initial phase of an overall
program, a signage and identification program to improve the visibility and
accessibility of merchants. A specific amount of money is set aside in
this contract @ $30, 000 to implement the initial signage and lighting
program. MBDC will also provide coordination of a consultant contract to
develop architectural/engineering drawings for improvements to Lincoln Road,
and develop a mitigation plan that would assist the affected businesses to
remain solvent during physical construction.
FINAL STATEMENT AMENDMENT REQUIRED:
In accordance with HUD Regulations at 24 CFR 570 . 305 , the CDBG "Year 16 Final
Statement of Objectives and Projected Use of Funds" is being amended to allow
MBDC to undertake these activities that were not previously approved and
published in the "Final Statement" . The Community Development Advisory
Committee (CDAC) endorsed these two (2) new activities at their January 29 ,
1991 meeting. The applicable advertisement appeared in the Miami Herald on
January 3rd, with a comment period. The amendment package has been sent to
U.S . HUD, but its receipt has not yet been acknowledged.
MBDC is still under extensive review and monitoring by HUD. The types of
programs which MBDC has been very good at, such as marketing and promotion,
are NOT ELIGIBLE for CDBG funding. The organization must therefore seek
other sources of funds to continue these activities.
SPECIAL ASSESSMENT DISTRICT:
The administration will continue to work with MBDC to seek out other funding
sources including the formation of an assessment district for
marketing/management and promotion in areas like Ocean Drive. Per the
attached MBDC packet, the organization has asked that the Administration
return, together with MBDC, in ninety days with an initial assessment
district program including a possible budget, geographic area and a
recommended method of assessment. The Administration stresses the fact that
there will be City staff costs in the set-up and the administration of such
a program, and these costs are not currently budgeted and must be addressed.
ADMINISTRATION RECOMMENDATION:
To authorize the execution of two (2) contractual agreements with MBDC,
contingent upon approval of the U.S. Department of HUD, to implement the
newly amended Final Statement for the Year Sixteen (16) CDBG activities
entitled: A) Small Business Counseling, Training and Technical Support
Program, and B) Lincoln Road Community Economic Development Program.
Also, to direct the Administration to work with MBDC to develop an initial
assessment district program, budget, geographic area, and method of
assessment; and return to the City Commission in ninety (90) days with a
report on this, plus any cost estimates for related City administrative
costs.
AGREEMENT
This Agreement is entered into this 20th day of February, 1991, 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" ,
Y ,
and the Miami Beach Development Corporation, 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 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; the Urban-Rural Recovery Act
of 1983 ; and the Housing and Community Development Act of 1987 ,
hereinafter called "Act" ; and
WHEREAS, the City has determined through its Year Sixteen
Final Statement of Objectives and Projected Use of Funds, as
amended, the necessity for funding a Small Business Counseling,
Training and Technical Support Program; and
WHEREAS, the City desires to engage the Provider to render
certain services in connection therewith:
NOW, THEREFORE, the parties hereto agree as follows:
SECTION I: SCOPE OF SERVICES - SMALL BUSINESS COUNSELING,
TRAINING AND TECHNICAL SUPPORT PROGRAM
A. The Provider agrees to implement the Year 16 Small Business
Counseling, Training and Technical Support Program in
accordance with the projected accomplishments and budgets
attached and made a fully binding part of this Agreement, as
Appendix 1.
B. The Provider shall provide direct technical assistance to a
minimum of 40 eligible commercial businesses which serve low
and moderate income residential areas, south of Dade Boulevard
in Miami Beach. Of those forty businesses, a minimum of
twelve (12) must be located on Lincoln Road.
C. The direct technical assistance rendered to businesses must be
extensive one-on-one guidance, counseling or teaching in areas
such as business management, accounting, expansion, retention,
or legal issues. Proper documentation shall support the
assistance needed/required by each business. This
documentation shall include, but is not necessarily limited
to, an in depth description of the nature and amount of the
technical assistance rendered, the reason for rendering such
assistance, a description of how this assistance is expected
to provide public benefit to the low and moderate income
residential area, intake forms, narrative progress reports,
P ,
feasibility studies and implementation schedules for expansion
or retention of businesses, and time sheets that reflect the
amount of staff time provided to each business.
D. The Provider will provide eligible commercial businesses with
opportunities to utilize the consulting and training services
of the Florida International University (FIU) Small Business
Development Center. However, since such assistance is
considered "indirect technical assistance" , referral of a
business by the Provider to the FIU Small Business Development
Center will not constitute achievement of stated technical
assistance goals for the Program.
E. In order to ensure that any direct technical assistance does
not unduly enrich a for-profit business, the Provider shall
conduct, to the satisfaction of the City, an analysis to
determine that the amount of any assistance to be provided is
not excessive, taking into account the actual needs of the
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business in making the project financially feasible and the
extent of public benefit expected to be derived from the
project. For each business, the Provider shall document, to
the City' s satisfaction, the analysis as well as any factors
it considered in making its determination that the assistance
is necessary or appropriate to carry out the project. The
Provider must maintain sufficient documentation on each
assisted business showing that the amount of assistance
provided is not unreasonable relative to the amount of public
benefit expected to be gained. This documentation must
include a extensive description of how the technical
assistance is expected to provide public benefit, and the
nature and amount of those benefits.
SECTION II: CONDITION OF SERVICE
The Provider hereby agrees to the following:
A. The Program shall serve eligible low and moderate income
persons living primarily within Miami Beach, but 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 project benefits low and
moderate income 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.
3 •
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 . Copies of comments and/or complaints received in writing.
3 . Copies of responses to complaints and/or explanations of
resolutions to complaints.
D. The Provider shall comply with the following attachments to
the Office of Management and Budget (OMB) Circular No. A-110,
"Uniform Administrative Requirements for Grants and Agreements
with Institutions of Higher Education, Hospitals and Other
Non-Profit Organizations" , incorporated by reference into this
Agreement.
1. Attachment A, "Cash Depositories" , except for paragraph
4 concerning deposit insurance.
2 . Attachment C, "Retention and Custodial Requirements for
Records" , except that in lieu of the provisions in
paragraph 4 , the retention period for records pertaining
to individual CDBG activities starts from the date of
submission of the annual performance and evaluation
report, as prescribed in 570 . 507 , in which the specific
activity is reported on for the final time.
3 . Attachment E, "Bonding and Insurance" .
4
4 . Attachment F, "Standards for Financial Management
Systems" .
5. Attachment H, "Monitoring and Reporting Program
Performance" , paragraph 2 .
6. Attachment N, "Monitoring Management Standards" , except
for paragraph 3 concerning the standards for real
property and except that paragraphs 6 and 7 are modified
so that in all cases in which personal property is sold,
the proceeds shall be "program income" and that personal
property not needed by the sub-recipient for CDBG
activities shall be transferred to the recipient for the
CDBG program or shall be retained after compensating the
recipient.
7 . Attachment 0, "Procurement Standards" .
E. The Provider shall comply with the requirements and standards
of the Office of Management and Budget (OMB) Circular No. A-
122 , "Cost Principles for Non-Profit Organizations" , or OMB
Circular No. A-121 "Cost Principles for Educational
Institutions" , as applicable, incorporated by reference into
this Agreement.
F. The Provider shall abide by those provisions of 24 CFR Part
570 Subpart J, when applicable, incorporated by reference into
this Agreement.
G. No expenditures or obligations shall be incurred for the
program prior to approval and release of funds from the U.S .
Department of Housing and Urban Development. Further, it is
expressly understood that in the event no funds are released
from the U.S . Department of Housing and Urban Development in
5
connection with this Program, then the City is not liable for
any claims under this contract.
H. The Provider shall certify, pursuant to Section 109 of the
Act, that no person shall be denied the benefits of the
program on the ground of race, color, national origin or sex.
I. 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 low
income persons residing in the City of Miami Beach,
particularly minority group members.
J. The Provider shall comply with the provisions of 24 CFR
570.504 (c) , "Program Income" , gross income directly generated
from the use of CDBG funds. In those instances where the City
allows the sub-recipient to retain program income, these funds
shall be expended for CDBG eligible activities, previously
approved by the City in accordance with the projected
accomplishments and budget descriptions attached to this
Agreement.
K. 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.
L. 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 the basis of religion and
will not limit employment or give preference in
employment to persons on the basis of religion.
6
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.
M. The Provider shall transfer to the City upon expiration of
this Agreement, any CDBG funds on hand at the time of
expiration and any accounts receivable attributable to the use
of CDBG funds. The following restrictions and limitations
apply to any real property under the Provider' s control which
was acquired or improved in whole or in part with CDBG funds
in excess of $25, 000:
1. Any real property under the Provider' s control must be
used to meet one of the National Objectives in the CDBG
Regulations, Part 570 . 208 until five years or such longer
7
period of time as determined appropriate by the City
after expiration of the Agreement.
2 . If the real property is sold within the period of time
specified above, the property must be disposed of in a
manner which results in the City being reimbursed in the
amount of the current fair market value of the property,
less any portion thereof attributable to expenditures on
non-CDBG funds for acquisition o f, or improvement to, the
property. Such reimbursement is required.
N. The Provider agrees that when sponsoring a project financed in
whole or in part under this Agreement, all notices,
informational pamphlets, press releases, advertisements,
descriptions of the sponsorship of the project, 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 DEPARTMENT
OF ECONOMIC AND COMMUNITY DEVELOPMENT" shall appear in the
same size letters or type as the name of the Provider.
0. The Provider shall ensure the following 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.
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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
any expenditures being incurred under the sub-contract
agreement. Failure to obtain prior approval will release
the City of any obligation to reimburse the Provider for
any costs incurred.
P. 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 project and the non-CDBG
related charges.
3 . How the Statutory National Objective (s) and the
eligibility requirement (s) under which funding has been
9
received, have been met. These also include special
requirements such as necessary and appropriate
determinations, income certifications, written agreements
with beneficiaries, where applicable.
Q. 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 three (3) years after expiration of this Agreement,
with the following exception: if any litigation, claim or
audit is started before the expiration date of the three year
period, the records will be maintained until all litigation,
claims or audit findings involving these records are resolved.
The City shall be informed in writing after close-out of this
Agreement, of the address where the records are to be kept.
SECTION III: TERM OF AGREEMENT
This Agreement shall be deemed effective upon approval and release
of funds by the U.S. Department of Housing and Urban Development
and being duly executed by both parties, whichever is later, and
shall continue through September 30, 1991.
SECTION IV: TERMINATION
The City and the Provider agree:
A. This Agreement may be terminated by either party hereto by
written notice to the other party of such intent to terminate
at least thirty (3 0) days prior to the effective date of such
termination.
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B. This Agreement may be terminated in whole or in part, for
convenience, when both parties agree upon the termination
conditions. A written notification shall be required and
shall include the following: reason for the termination, the
effective date, and in the case of a partial termination, the
actual portion to be terminated. 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.
C. The City may 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 limited to, the following:
a. Failure to comply and/or perform in accordance with
this Agreement, or any federal 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.
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2 . The City shall notify the Provider in writing when the
Provider has been placed in default. Such notification
shall include actions taken by the City, such as
withholding of payments, actions to be taken by the
Provider as a condition precedent to clearing the
deficiency and a reasonable date for compliance, which
shall be no more than fifteen (15) days from notification
date.
3 . The City shall notify the Provider in writing when
sufficient cause is found for termination of this
Agreement. The Provider shall be given no more than
fifteen (15) days in which to reply in writing, appealing
the termination prior to final action being taken by the
City.
D. Let it be further understood that upon curtailment of, or
regulatory constraints placed on, the funds by the U.S.
Department of Housing and Urban Development, this Agreement
will terminate effective as of the time that it is determined
such funds are no longer available.
E. 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 subsequently. Other costs during
suspension or after termination which are necessary and not
reasonably avoidable are allowable if:
1. The costs result 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
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2 . The costs would be allowable if the award were not
suspended or expired normally at the end of the Agreement
in which the termination takes effect.
F. 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.
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 project and/or the Project
Implementation Schedule 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.
SECTION VI: METHOD OF PAYMENT
A. It is expressly understood and agreed that the total
compensation to be paid hereunder for actual expenditures
incurred shall not exceed Thirty Nine Thousand One Hundred
Twenty dollars ($39 , 120) .
.
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B. 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
projected accomplishments and budget descriptions attached
hereto and made a part hereof as Appendix 1.
1. The Provider shall submit monthly requests for payment
for actual expenditures incurred, less the amount
received for projected expenditures, no later than the
tenth (10th) day of the succeeding month and the City
will provide reimbursement, upon approval , within ten
(10) working days after receipt of same, if submitted by
the deadline date for inclusion on the drawdown request.
2 . The City agrees to pay the Provider for expenditures
incurred under this Agreement on a monthly basis in
accordance with the Budget and Project Implementation
Schedule attached hereto and made a part hereof as
Appendix 1. Line item transfers are allowable only with
prior written approval of the City.
SECTION VII: CONFLICT OF INTEREST
The Provider covenants that no person, under its employ who
presently exercises any functions or responsibilities in connection
with Community Development-funded activities, has any personal
financial interests, direct or indirect, in this Agreement. The
Provider covenants that in the performance of this Agreement, no
person having such conflicting interest shall be employed. The
Provider covenants that it will comply with all provisions of 24
CFR 570 . 611 "Conflict of Interest" , and the State Statutes
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
s
14
disclosure shall occur immediately upon knowledge of suchp ossible
conflict. The City will then render an opinion which shall be
binding on both parties.
SECTION VIII: INDEMNIFICATION
The Provider, through an insurance carrier, shall indemnify and
hold harmless the City from any and all claims, liability, losses
and causes of action which may arise out of the Agreement. The
Provider, through its insurance carrier, 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 judgments 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 $500, 000 single limit; and 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 coverage shall be approved by the City' s Insurance
Manager prior to the release of any funds under this Agreement.
Further, in the event evidence of such insurance is not forwarded
to the Insurance Manager within thirty (30) days after the
15
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 Insurance Manager.
SECTION IX: REPORTING AND EVALUATION REQUIREMENTS
Maintaining credibility for the community development effort rests
heavily on the ability to produce an impact in low/moderate income
areas, through progress in accomplishing scheduled activities. An
effective method for maintaining project progress against a
previously established schedule is through project evaluation and
reporting, which will consist of both written reports and staff
discussions on a regular basis including quarterly meetings with
all parties of interest attending for the purpose of insuring
effective contract execution. 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 Form.
2 . The Financial Summary Form, which shall include the
request for payment and documentation, as applicable.
3 . The Client Profile Form.
4 . Time sheets for split-funded employees, in accordance
with Section II, Paragraph P, 2 , of this Agreement.
16
B. Final Evaluation. Within twenty (20) days of contract
completion, a final report documenting how the Statutory
National Objective and the eligibility requirements were met,
must be submitted by the Provider to the City' s Community
Development Division 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 project/activity is considered "closed-out" .
Other Reporting Requirements may be required by the City in the
event of program changes, need for additional information or
documentation and/or legislation amendments. 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 may be considered by the
City as sufficient cause to suspend CDBG payments to the Provider.
SECTION X: 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.
17
An annual organization audit shall be submitted to the City 120
days after the end of the Provider' s fiscal year. The audit shall
be performed in accordance with OMB Circular A-110 Attachment F,
OMB Circular A-133 or OMB Circular A-128 , 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 XI: COMPLIANCE WITH LOCAL, STATE & FEDERAL REGULATIONS
The Provider agrees to comply with all applicable federal
regulations as they may apply to program administration.
Additionally, the Provider will comply with all state and local
laws and ordinances hereto applicable.
SECTION XII: SPECIAL CONDITIONS FOR FUNDING
The City, as it proposed in its October 26, 1990 letter to the U.S .
Department of HUD, will apply the following special conditions,
before the release of any funds under this Agreement:
A. The Provider will be the subject of "intensive monitoring" by
both Dade County and the City. This monitoring includes:
1. A revised and more comprehensive timekeeping system to
better account for staff time towards funded activities.
2 . Authorization and pre-approval by the City in writing for
all CDBG funded programs and any changes in scope.
B. Payments will be made only on a strict reimbursement basis,
upon provision and review of adequate documentation.
18
C. The City and the Provider shall identify categories of program
services (both CDBG) eligible and non-CDBG eligible) and a
system of allocation that will assure reliable cost
measurements and reasonable and customary service delivery
costs for each program.
D. The Provider shall be on a six (6) month probationary period
from the effective date of this Agreement, at the end of
which, the performance of each program element will be
evaluated by the City Administration to determine compliance
with this Agreement.
E. The City and MBDC' s staff will initiate information and
orientation sessions, and materials for MBDC Board members to
familiarize them with Federal Regulations relative to
conflicts of interest.
F. The City will provide additional technical assistance to the
MBDC staff.
G. The funding of this agreement is subject to and conditioned
upon HUD' s review and approval of this activity.
SECTION XII: ADDITIONAL CONDITIONS AND COMPENSATION
It is expressly understood and agreed by the parties hereto that
monies contemplated by this Agreement to be used for the
compensation, originated 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, that 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
19
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.
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
•
%-Y6\AC
CITY CLERK MAYOR
FO'M APPROVED
LEGAL DEPT.
By 11001 -
7,51--
WITNESSES: /y(SZEL...
Date
..� _ to,z vv,1MIAMI BEACH DEVELOPMENT
CORPORATION (MBDC)
Ovitt411 /11(11LAAAL
/AUTHORIZED SIGNATOR
MBDC.TA
20
APPENDIX 1
BUDGET SUMMARY SHEET
MIAMI BEACH DEVELOPMENT CORPORATION
SMALL BUSINESS COUNSELING, TRAINING, Finding Year 16 Date Submitted Feb , 1991
Project Operator TECHNICAL SUPPORT
•
Catego
February 20% 1991 thru September 30, 1991
Number Category Breakdown CD Funds Other Funds Other Funding Sources Total Funds
Salaries & Benefits 26,000 BUDGET TO BE REVISED TO INSERT
1
Consultants & OTHER FUNDING SOURCES
2 Contract Services 1,350
Org. Audit
space Rental3 5,713
Equipment Lease
4 or Purchase , _
�
5 Travel )
. ,
Other Operating �
6 Expenses 6,057 -
Materials
RehabifflatiOn
8 .
Real Property
_____
9 Acquisition
.......,...:.:.::::......::::,..:::::..,,.
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-•:-:.........,:.:••••i•:•••••i:•:::::::::.,-:•.:;•••:::•:••••:•::::::•;::::.;:::••••••••••••: :•••••••••......::.;.•••••:.........:::::::::::::::::.::.:•::i.....:• ::.:•::,......„*.„...ii,ii,..,:i„,•,...::::.::::.•:•:•:,•::::::1;•:..,::,„,,,.....„..,„„:.,....:,,,.:„.„.:•,.:„:„...::! ..:::.,-...„...,. ... . ... . .
.,:::::::::::•::::::::::::::::::::::::::::•:•:•:•::::::::::::::•:::::::::::::: ::.......................„,..:::::-.......::::::::::::::„.....„.....:::::::.......„......„..„:„......,......„:„........:„.........:„............,........,.....„.............,.....: .. ... .
CD
Funds: .:.,...:::::.:::::...:.:::::::.....„.....,..„.::::::,.........::::::::.:::::::::::: ::::::::::::........,::::::::::::::::::::::::::::::::::,:::::::::„......::::::::::::::::::„,::::„„.:,.,....,...:,....,.. . . ,
•••.:•:::::.:: :::•.1.-illi•ii::ik::: :•••!:.:::ii.i::ii :.......:.,.....-.............:.:-..:::::::::::::.*.:::: Total ::::::.::::::::....::::::::::::::::::..1.::::::i.:::::::::::::::::.:::m::........:0:::::g:.............:::.::: ;............................,,...,.........:....-.2 ::::::•,.::::::.,::::::::.:,.........::::::::::::.:•:.:::::::::::.:..:i..::::::::i.:.:....:.: ...-•..--- . ... ....-
39,120 •••• ••••••••••••••••.....•••••••....................... .................................................. ................,............................................... ....... .
•• •••• •••••••••••••••
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-.......::......'''''''''.... .......... • • ...:','-'.:.---........::::::::.--:::.:::::::::::::::::::R..::::::::::: ::::.:::.:::..........i.....i*...:::::.::::...,...,,,,,,,..,:::,.,,.,, ..:::::.....
........:::: ::::.:•.::::::::::::::.:.i.:.:ii...::.::::.:.::.:i....::.:....:.......i.,
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:::::::.::::::i.:i::::::....:::: : .:...,„,ff,......,...,........::::. ....:::::::.....z......:::::: ::...... ,,,:,,,, •-... . ..
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: .
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::::::t..::::::;:• : :::::::::::::...m.:.....1 .::::::.:::::::::::::::::::,.....::::::::::.:.::::::::::.::::::::.......:::::„............::::....,,:•,:::::::::.:..............,,,,.:::.-..: •.:
„:„........................:....„..........:.„....„.:.:....:.......x.....................„.......„.:...:....:.:...„.......„......„......... : .
>:<:::::>:;:< :<:<:::<::: Other Funds:
•
PR(X;RAM IMPLEMENTATION SCHEDULE
1990/1991
PROJECT BUSINESS COUNSELING, TRAINING
SUPPORTP ORGANIZATION: BEACH D� CORPORATION (MBDC)
NAME: AND TECHNICAL
Implcmcntalion Steps
A) Provide direct technical assistance to a minimum
of 28 eligible businesses,
south of Dade NA NA NA NA 3 4 3 4 3 4 3
ii
Boulevard.
a
B) Provide direct technical assistance to a minimum
of 12 eligible businesses on
Lincoln Road. NA NA NA NA 0 1 2 2 1 2 2 .
C) Regarding the technical assistance rendered in
A and B above, MBDC will provide extensive one- NA NA NA NA X X X X X X X
on-one guidance, counseling or teaching in areas
such as business management, accounting, -
sion, retention, or legal issues.
Documentation will be maintained and will include: X X X X X X
D) NA NA NA NA
1) An in-depth description of the nature and
amount of the Technical assistance rendered.
2) The reason for renderina such assistance.
3) A description of how this assistance is .
expected toprovide public benefit to the low NA NA NA NA X X X X X X
� P
and moderate income residential area.
4) Intake forms.
,
+ 5) Narrative progress reports.
Feasibilitystudies and implementation sched- X X X X X X
6) NA NA NA NA
ules for expansion or retention of businesses.
7) Time sheets that reflect the amount of staff
„- • . •:,. .• • Si •-
E) MBDC will provide eligible commercial businesses
with opportunities to utilize the consulting and NA NA NA NA X X X X X X X
training services of the Florida International r____.. 4_
University (FIU) Small Business Development Center. ,__
F) MBDC shall conduct an analysis to determine that _ I. ,
.�
the amount of any assistance to be provided is NA NA NA NA 3 4 3 4 3 4 3
not excessive, taking into account the actual
needs of the business in making the project f inan- y
• —. .. — .1_ • ii r• •:.'' a - • •su. •— -fit - - _ - - ....
r,v,,,4-, +-gi Imp Inr- c'-'1M 4-1-' 'fir 1ec
.
-2-
PR(X,RAM IMPLEMENTATION SChEDULE
1990/1991
PROJ I C I SMALL BUSINESS COUNSELING, TRAINING
NAME: AND TECHNICALOORPORATIOrN (MBDC)
SUPPORT P ORGANIZATION: MIAMI BEACH DEVELOPMENT
� � T � :
APPENDIX 2
,
,
ACKNOWLEDGEMENT Of ECONOMIC DEVELOPMENT ACTIVITIES
If the Provider will be using CDBG funds for an Economic Development Activity, the following
g
federal requirements must be acknowledged:
LOW/MODERATE INCOME JOBS
Criteria
A low/moderate jobs activity is one which cremes or fctajns 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:
o Part-time jobs must be converted to full-time equivalents.
o Only permanent jobs count.
o Temporary jobs may not be included.
o Regardless of the sources of funding, Jj permanent jobs created by the activity
must be counted.
o Trickle-down jobs (jobs indirectly created by the assisted activity may pot be
counted.
For jobs retained, the following additional criteria apply:
o There is clear and objective evidence that permanent jobs will be lost without
CDBG assistance. Such evidence includes: a notice by the business to affected
employees,a public announcement by the business,or relevant financial records.
o 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.
Jobs arc considered to be available to low/moderate income persons when both, the following
conditions are fulfilled:
o Special skills that can only be acquired with one or more years of training or
work experience,or education beyond high school, are pot a pre-requisite to fill
such jobs,or else the business nevertheless agrees to hire unqualified persons and
train them; And
o 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 (B) 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:
A copy of a written agreement containing:
o 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,
o 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,
o A description of actions to be taken by the Provider and business to ensure that
low/modcratc income persons receive "first consideration" for these jobs; and,
o 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 incomeersons
P ,
documentation for each assisted business must include:
A copy of a written agreement containing:
o A commitment by the business that at least 51% of the jobs, on a full-time
equivalent basis, will be Laken by low/moderate income persons and a listing by
job title of the permanent jobs created; and,
o A listing, by job title, of the permanent jobs filled and which jobs were initially
held by low/modcratc income persons; and,
o 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.
Where low/moderate income benefit is based on lob retention, the files must include the
following documentation:
o Evidence that jobs would be lost without CDBG assistance.
o 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.
o Identification of any retained jobs not already held by low/moderate income
persons 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.)
o Information on the size and annual income of the low/moderate income person's
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 any one of the following:
- 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 or federal inspection.)
- 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 arc subject to verification by the local or federal
government.)
- 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 ()TPA) Program,
except for referrals under the JTPA Title III Program for
dislocated workers.
ADDITIONAL CONSIDERATIONS
The Provider must prepare a "pecessa ry or appropriate" determination whenever CDBG
assistance is provided for a private, for-profit entity carrying out economic development
activities. This determination is to ensure that the amount of the financial assistance
s a ncc is not
excessive in light of the actual needs of the business and the expectedublic benefit. Examples
P p cs
of CDBG assistance arc: grants, loans, loan guarantees, interest supplements,
technical
assistance or another form except for those described as ineligible in CDBG Regulations
g s
s570.207. If no CDBG assistauc of a financial nature is being provided for ae rivate 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 development
p ent
activities contained in this document, and that eligibility of my organization'sjdepends
ro
p
upon compliance with the requirements contained in this document.
SIGNATURE
NAME/TITLE OF SIGNATOR
NAME OF ORGANIZATION
DATE
AEDC.ALI.
•
1
APPENDIX 3
MiAMI BEAGI COMMUNTTY DEVELOPMENT DMSION
NARRATiVE REPORT FORM
PROJEC1 NAME: REPORTING MONTH/YEAR:
REPORTER SIGNATURE & POSITION:
DESCRIPTiON OF ACflVI11ES AND PROJECTED ACCOMPLISHMENTS SCHEDULED FOR
THE REPORTING PERIOD:
PER ACTIVITY, STATE THE STATUS OF PROJECTED ACCOMPLISHMENTS, I
COMPLETED UNITS OF MEASURE, AND DESCRIBE MATERIAL PRODUCED FOR ?'
REPORTING PERIOD:
STATE ALL PROBLEMS ENCOUNTERED AND/OR THEIR RESOLUTION, WHICH Hf
AFFECTED THE OPERATiON OF THE PROJECT DURING THE PERIOD, OR WHICH H
IMPACTED ON THE COMPLETION OF PROJECTED ACCOMPLISHMENTS AND/OR ,
CDBG EXPENDITURE RATE:
STATE OR LIST SPECIAL RECOGNITION RECEIVED DURING THE REPORTING PERIOC
•
MIAMI B!ACX COMMUNITY DEVELOPMENT DIVISION
FINANCIAL SUMMARY FORM
REPORTING MONTH/YEAR:
tOJ ECT= -
REPORTER S I GNATt1RE & POSITION:
ZOJ ECT PROVIDER
MUMMY BREAKDOWN APPROVED MONTI T4 DAT YEAR-T0-.DATE OVEN
AnT LEL
1
BUDGET BUDGET s=PENDITURES EXPENDITURES OBLIGATIONS")
ilaries i Benefits
S
)nsultants i Contract Services •
r
pace Rental
qu ipment Lease or Purchase _
ravela
i .
titer Operating Expenses
sterials +
ehabil itation l-
eal Property Acquisition
OTAL
The reporting eonth
•s expenditures, with supporting documentation
attached. •
Finds which
have been committed by the provider but have not yet
been paid, e.g. po
rtion not paid in outstanding contract; portion
of employee ee salaries not paid yet committed to the end of the program.
tqPlIl BEAM attlill n IDELORINT
D1VISIt
OJENT BILE FO1
P MCCINORING PERIOD
PRCITEXT OPERATOR; �S ITT s
g c�
i Mg:
LOW/MOD BENE F ITs i SEC
OH V1SITS r -Milr hz ......—
TYPE OF Pa ie 6 o x w a .
LINK YEAR • z Fe I' o wMALE
la ItIVI OLD 'IU-[3A'1'E el iN13 ' P frO aC E-. A81 - C 0 E t BL ( •TIER 18 19- 4s 41-65
2 _ -� 66-75 76�+
* r
�a 6b 7a 7b 7c 8a 8b �8c
IIII• ,f . 10 1 46
Addillill '.. .
Col. 2 Place total client visits for period in top portion and
place Mud frau start of proj act toclate in bottom port ion.
Co 1. 3 Place nuiter of New Clients rey isterdd for period in
top
portion and place total of registered clients from start
of project t ziate in bottan portion.
Col. 5 A'I'rAQI AGENCY'S INOCME SCIIIIIING RAWLS AND mainertur
L
Col. 6 Place total ttrible participation in top portaon and
break-out Female Head of Household ld for bottom portion.
• SEE MAP Cary, LACK
Eben Ca 81-010Q
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EQUAL EMPWYMENT OPPORTUNiTY OJWSE
ElaclataBACILVILEECIMICECUMMIRMIL112A6
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 the brant, contract, loan insurance, or guarantees 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:
(]) 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 arc
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 Pay or other forms of
compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous
places, 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 placid by or on behalf of the contractor, state that all
qualified applicants will receive considerations 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' representatives 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 E.xcc'utive Order
11246 of September ?A. 1965, and of the rules, regulatioru, and
relevant orders of the Secretary of Labor.
(5) The contractor will furnish all information and reports required
by Executive Order 1124b of September 24, 1965, and by rules,
regulations, and orders of the Secretary of labor, or pursuant
thereto, and will permit access to bis books, records, and
accounts by the administering agency and the Secretary of Labor
for purposes of investigations to ascertain compliance with such
rules, regulations, and orders.
(6) In the event of the contractor's non-compliance with the non-
discrimination clauses of this contract or with any of the said
rules, regulations, or orders, this contract may be =celled,
terminated, or suspended in whole or in part and the contractor
may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of Labor,
or as otherwise provided by law.
(7) The contractor will include the portion of the sentence
immediately preceding paragraph (1) and the provisions of
paragraphs (1) through (7) in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary
of Labor issued pursuant to Section 2U4 of Executive Order 11246
of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The contractor will take such
action with respect to any subcontract or purchase order as the
administering agency may direct as a means of enforcing such
provisions • including sanctions for non-compliance - provided,
however, that in the event a contractor becomes involved in, or
is threatened with, litigation with a subcontractor or vendor as
a result of such direction by the administering agency, the
contractor may request the United States to enter into such
litigation to protect the interests of the United States.
The applicant further agrees That it will be bound by the above equal
opportunity clause with respect to its own employment Practices when it
participates in federally assisted construction work; provided that, if the
applicant so participating is a State of local government, the above equal
SECIION 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. 170u. 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, 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 be has a collective bargaining agreement or other
contract or understanding, if any, a Holier advising the said labor
organization of workers' representative of his 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 Oause 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. 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, and will not let any 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, and all applicable rules and orders of the Department issued
thereunder prior to the execution of the contract, shall be a condition
of the Fedora) 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 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.
EQUAL EMPLOYMENT OPPORTUNiTY OAUSE
The applicant hereby agrees that it will incorporate or cause to be
incorporated into any contact 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 the grant, contract, loan insurance, or guarantees 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 pay or other forms of
compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous
places, 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 considerations 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' representatives 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.
A
1
(4) The contractor will comply
11246 of September 24,P Y ,with all provisio� of Executive Order
196S, and of the rules, re latio
relevant orders of labor.ordcrs of tht Secreta � � and
(S) The contractor will furnish all informationby Eecutive Order 11246 0fSeptember
and repot required
24, 1965, and by n�le ,regulationsand orders of
the Secretary of Labor,thereto, and will or pursuant
permj access to his books, records, and
account by the administering agency and the Secretary of Labor
for purposes of investigations to
rules, re laUo ��n compliance with such
8� ns, and orders.
(6) In the event of the contractor's non-compliance with the
of this contract or non-
discrimination clauses
rules, relatio �� any of the said� ns, or orders, this contract
terminated, or suspended in whole or in be cancelled,
may be declared part and the contractorineligible for further Government contracts or
federally assisted construction contracts in
authorized in with
Procedures authori
in Executive Order 11246 of
1965, or by rule, regulation, September 24,
8u n, or order of the Secretary of Labor,
or as otherwise provided by law.
(7) The contractor will include
immediatelythe portionthe�on of the sentence
ara preceding paragraph (1) and ro .
P �s�.
ons of
Brae (1) through (7) in every subcontract or
purchase order
unless exempted by rules, regulations, or orders of
of Labor issued pursuant to the SecretySection 204 of Executive Order 11246
of September 24, 1965, so that such provisions
upon each subcontractor or vendor. The X11 be binding
action with respect contractor will take such
to any subcontract or purchase order as the
administering agency may direct as
provisions a means of enforcing
including sanctions for non-compliance such
however, that in the event a provided,
contractor becomes involved
is threatened with, litigation with a subcontractor in, or
a result of such or vendor asdirection by the administering
contractor may request the United agency, the States to enter into such
litigation to protect the interests of the United States.
The applicant further agrees chat it
� will be bound by
opportunity clause with res the above equal
participates in federally �� �� �� °"n employment practices whin assisted construction work; it
applicant so participating � pro�dcd that, J the
a State of local government, the above u
e �
9
off.TCiR_`rT,
RF'3OLUTToN ). 91-2025'
Autho:Lzi lg and directing the execution
of an agreement between the C.M.B. and
the Miami Beach Development Corporation
(MBDC), a non-profit Florida Corporation,
for the purpose of funding a small busi-
ness counseling, training and technical
support program.