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RESOLUTION 92-20431 • 4 •v Asf RESOLUTION NUMBER 92-20431 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 NORTH BEACH DEVELOPMENT CORPORATION OF MIAMI BEACH, INC. (NBDC) , FOR PROVISION OF A FACADE RENOVATION PROGRAM TO IMPROVE NEIGHBORHOOD CONDITIONS IN THE NORTH SHORE AREA. 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, including the Cranston-Gonzalez National Affordable Housing Act of 1990, 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 17 Final Statement of Objectives and Projected Use of Funds to the U.S. Department of Housing and Urban Development which identified $2 , 632 , 482 in available CDBG resources for Year Seventeen projects, of which $1, 997, 000 are Year Seventeen entitlement funds, $17, 000 in reallocated funds, $123 , 732 in funds reprogrammed from prior year's funds, and $494 , 750 in program income of which $5, 000 is available for Year Seventeen projects; and WHEREAS, the City Commission deemed it to be in the best interests of the residents and citizens of the City to enter into a contract with the North Beach Development Corporation of Miami Beach, Inc. , hereinafter referred to as the "Provider" , for a facade renovation program to improve neighborhood conditions in the North Shore area; and WHEREAS, the Provider will receive a total amount of One Hundred Forty Thousand dollars ($140, 000) from Year Seventeen CDBG funds, to be used for the above stated purpose. In addition, the Provider will receive available prior years' facade renovation funds, to be used only for rehabilitation grants; 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, the City Commission, pursuant to Resolution No. 91-20330 adopted July 10, 1991, approved the CDBG Year 17 Final Statement outlining the specific projects and allocations, including $140, 000 for the above-stated project; and WHEREAS, an appropriate Agreement was prepared and was 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 North Beach Development Corporation of Miami Beach, Inc. , for a facade renovation program to improve neighborhood conditions and to provide job opportunities for low and moderate income residents, and directs the disbursing officers of the City to disburse the funds required by the terms of said Agreement from CDBG funds hereafter allocated for said purpose. PASSED AND ADOPTED THIS 22nd DAY OF January I , 1992 . id(7 MAYOR ATTEST: FORM APPROVED L DEPT. CITY CLERK Date l Gr CITY OF MIAMI BEACH 0!!]:::1 CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 (. \7 6,1 COMMISSION MEMORANDUM NO. 7,;.2. . DATE: January 22, 1992 TO: Mayor Seymour Gelber and Members of the City Commission FROM: Carla Bernabei Talarico City Manager SUBJECT: APPROVAL OF A CONTRACTUAL AGREEMENT WITH THE NORTH BEACH DEVELOPMENT CORPORATION OF MIAMI BEACH, INC. , IN ORDER .M0 IMPLEMENT THE YEAR SEVENTEEN (17) COMMUNITY DEVELOPMENT BLOCK GRANT FACADE RENOVATION PROGRAM. On July 10, 1991, the City Commission adopted Resolution 91-2033Q which approved the Year 17 Community Development "Final Statement of Objectives and Projected Use of Funds" for the program year which commenced on October 1, 1991, and continues through September 30, 1992 . This resolution authorized specific Community Development Block Grant-funded allocations for projects and programs. Subsequent to City Commission approval in July, the "Final Statement" (which is a federal grant application containing descriptions of projects and programs proposed to be funded) , was submitted to, and accepted by, the U.S. Department of Housing and Urban Development. In order to implement a project or program that has been approved, a contractual agreement must be executed. Therefore, at this time, the attached contractual agreement is recommended for approval . ADMINISTRATION RECOMMENDATION: To authorize the execution of the contractual agreement necessary to implement the Year 17 CDBG activity approved on July 10, 1991, via Resolution 91-20330. r 116 AGENDA 1� ITEM y w DATE fl f��_ AGREEMENT This Agreement is entered into this 1st day of October, 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" , and the North Beach Development Corporation of Miami Beach, Inc. , hereinafter referred to as the "Provider. " WITNESSETH: WHEREAS, the City has entered into an agreement wiLh 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, hereinafter called "Act" ; and the Cranston-Gonzalez National Affordable Housing Act of 1990 ; and WHEREAS, the City has determined through its Year Seventeen Final Statement of Objectives and Projected Use of Funds, which was adopted by City of Miami Beach Resolution Number 91-20330, July 10, 1991, the necessity for providing a facade rerovat i on program to improve neighborhood conditions and to provide job opportunities for low and moderate income residents ; 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 A. The City and the Provider will implement the program with the assistance! of the City's Economic and Conmunity Development. staff. The City, on behalf of the Provider, will administer the facade renovation program in accordance with applicable federal , state and/or local regulations . The main thrust of the facade renovation program will be to spur private investment in eligible commercial districts through the use of CDBG funds. The program will offer a financial incentive grant to property owners and business people as a "rebate" for property improvements. B. The Provider will assist the City by identifying the buildings that need to be rehabilitated; referring potential applicants ; reviewing the projects for compliance with applicable design standards; and assessing the economic and community development needs of the North Beach neighborhood. C. The City and the Provider will implement the project in accordance with the Budget and Implementation Schedule attached hereto and made a part hereof as Appendix 1 . 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 F;>>(-li 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: 2 1. Profiles identifying financial classification, head of household, ethnicity, race and gender, or area benefit data, as required. 2 . An outreach plan which insures equitable participation by all eligible Miami Beach residents, ard 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 r,2ceived 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 pnrigrph 4 concerning deposit insurance. 2 . Attachment E, "Bonding and Insurance" . 3 . 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 3 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. 4 . Attachment F, "Standards for Financial Management Systems" . 5 . Attachment H, "Monitoring and Reportin_, Program Performance" , paragraph 2 . 6 . Attachment N, "Monitoring Management Standard: " , except for paragraph 3 concerning the standards for real property and except that paragraphs 6 and 7 a i ! modified so that in all cases in which personae proper . r' 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 compel isat ing the recipient. 7 . Attachment 0, "Procurement Standards" . E. Costs incurred under this program shall be in compliance with Federal Management Circular No. A-122 , "Cost Principles for Non-Profit Organizations" , incorporated by reference into this Agreement. F. The Provider shall abide by those provision: of 21 (IP T I r t 570 Subpart J, when applicable, incorporated by reiet otwe int. o 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 ate released 4 from the U. S . Department of Housing and Urban Development in 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 insta-lces 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 tit ('It, MI,Itf, 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. 5 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, en,Ic1ge 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 publ i F_: services assisted in whole or in part under this Agre&:ient 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 f a c; i 1_ity 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 u sied 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 t=hn i e of CDBG funds. The following restrictions an(' 1imit :l t i -,n 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 6 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 reimbut:ped in the amount of the current fair market value of the property, less any portion thereof attributable to expe,,Aitures on non-CDBG funds for acquisition of, or improvem __nt 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, al_ 1 notices, informational pamphlets, press releases, advetLisements, descriptions of the sponsorship of the project, research reports, and similar public notices prepared and iel_eased 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" siall appear in the same size letters or type as the name of the Provider. O. The Provider shall ensure the following when entering into ri 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. 7 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 rece iv r d 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 Conmunity b ,!velopment Block Grant Program and all applicable laws and rL:yul.ati.ons. 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 8 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 effective a s of October 1 , 1991 and shall continue through September 30, 1992 . However, the City shall have no obligation to release funds to Provider until the U. S . Department of Housing and Urban Development releases funds to the City. 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. 9 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, provided that the City shall not have cause to terminate this Agreement if the Provider has corrected or completed any such report within ten business days of the receipt of written notice from the City advising the Provider that the report incorrect or incomplete in any ma t-e r i M r o ro{-t , which written notice shall indicate the ixi t o I ni t t:. i oIl which is missing or which must be corrected. c. Implementation of this Agreement, for any reason, is rendered impossible or infeasible. 10 • d. Failure to respond in writing within a reasonable time (which shall in no event be less than five (5) business days) , to any concerns raised by the City and communicated to the Provider in writing, including substantiating documents when required/ requested by the City. e. Any evidence of fraud, mismanagement, and/or waste, as determined by the City's monitoring of the sub- recipient, and applicable HUD rules and regulations. 2 . The City shall notify the Provider in wri_tih j when the Provider has been placed in default. Such nuLification 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 , (0 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. 11 E. Costs of the Provider resulting from obligations incurred during a suspension or after termination, are not allowable unless the City expressly authorizes their 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 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 awl 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 wh i ('h do Tv,t 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 12 officially, in writing, approves such expenditure by executing a written modification to the original Agreement. SECTION VI: METHOD OF PAYMENT It is expressly understood and agreed that the total compensation to be paid hereunder for actual expenditures incurred shall not exceed One Hundred Forty Thousand dollars ($140 , 000) from Year Seventeen (17) funds. In addition, the Provider will receive available prior years' facade renovation funds, to be used only for rehabilitation grants. Such funds must be expended dur i ig the term of the Agreement, and any remaining balance of funds shall revert to the City. Such compensation shall be paid in acco/dance with the projected accomplishments and budget descriptions attached hereto and made a part hereof as Appendix 1. A. The Provider shall submit monthly requests for payment for actual expenditures, including applicable back-up documentation, and the City will provide reimbursement, upon approval , within ten (10) working days after receipt of the same, if submitted by the deadline date for inclusion on the drawdown request. B. The City agrees to pay the Provider for expenditures incurred under this Agreement in accordance with the Budget and Project Implementation Schedule attached hereto and madr 1 pl r as Appendix 1. Line item transfers are allowable only within each component and may not exceed in the aggregate fifteen percent (15%) of each line item without pr:t_or written approval of the City. All changes amounting to more than fifteen percent ( 15%) require prior written approval . 13 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 t ze 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 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 VIII: REPORTING AND EVALUATION REQUIREMENTS Maintaining credibility for the community development etfort 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 i Tint r i t1q effective contract execution. The Provider also assures prompt and efficient submission of the following: A. Quarterly Reports: Due no later than the tenth (10th) day of the succeeding month. A sample form of the Quarterly Report is attached hereto and made a part hereof as Appendix 3 . 14 B. Final Evaluation. Within twenty (20) days of contract completion, a final report documenting how the Statutory National Objective and the eligibility regs_irements 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 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. SECTION IX: 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 mat-.tnrr- r•flvn1 r(j by the Agreement. 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, 15 the City reserves the right to recover any disallowed costs identified in an audit after such close-out. SECTION X: COMPLIANCE WITH LOCAL, STATE & FEDERAL REGULATIONS The Provider agrees to comply with all applicable federal regulations as they may apply to program admintstration. Additionally, the Provider will comply with all state and local laws and ordinances hereto applicable. SECTION XI: 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 that said funds are no longer available. In the event of such determination, the Provider agronn t h. t 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. 16 XII: ARBITRATION Any controversy or claim for money damages arising out of or relating to this Agreement, or the breach hereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and the arbitration award shall be final and binding upon the parties hereto and subject to no appeal , and shall deal with the question of the costs of arbitration and all matters related thereto. In that regard, the parties shall mutually select one arbitrator, but to the extent the parties cannot agree upon the arbitrator, then tht.- American Arbitration Association shall appoint one. Judgment upon the award rendered may be entered into any court having jurisuiction, or application may be made to such court for an order of enforcement. Any controversy or claim other than a controversy or claim for money damages arising out of or relating to this AgreemuL1t, or the breach hereof, including any controversy or claim relating to the right to specific performance, shall be settled by litigation and not arbitration. SECTION XIII: INDEMNIFICATION The Provider shall indemnify and hold harmless the City from any and all claims, liability, losses and causes of action which may arise out of the Agreement. XIV: LIMITATION OF LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on City's liability for any cause of action for money damages due to an alleged breach by the City of this agreement, so that its liability for any such breach never exceeds the sum of $140 , 000 . Provider hereby expresses its 17 1 ' 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 $140, 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 ( t $140, 000 which amount shall be reduced by the amount of the funding actually paid by the City to Provider pursuant to this agreement, for any action or claim for breach of contract arising out of the performance or nonperformance of any obligations imposed upon the City by this Agreement. Nothing contained in this subpagraph or elsewhere in this Agreement is in any way intended to l�,e a waiver of the limitation placed upon City's liability as se _ forth in Florida Statutes, Section 768 . 28 . 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 •ITY OF M AM BEACH, FLORIDA OP ioe„,,:(47 i, �(. - -deux- _ de. CITY CLERKMAYOR FORM APPRO1' D LEGAL DEP . [36;;Z:1, WITNESSES: /C/72-. Date NORTH BEACH DEVELOPMENT /k7/14 � ,-c. �,� CORPORATION OF MIAMI BEACH, INC. ? 2( AUT OR ED SIGNAT R MAWft . GREEN NAME AND TITLE (PRINT) NBDC 18 z XIUHaaaY FundingYear '99192Date SubmittedT SEIEE ., _ BUDGET SUMMARY roigmbt �Perat°rNortrl Beach Developmen' Corpora�.ior. Januar: .... ....., ;.� . • - : .: • • l Breakdown1 CD Funds Other Funds Other Funding Sources Total Funds 1 Salaries & Benefits 1 consultants & 2 Contract Services $20 , 000 Space Ren3 tal I Equipment - 1 Lease ._..__n__:___..._. • 4 or Purchase1 „„. Travel ,,_ ‘) ether Operating 6 Expenses 4 7 'Materials j :-------t-- f $1 8 rehabilitation , 20 , 000 ... real Property 9cquisition ::. :,::::::::::::4:........::::::::.•::. i y��aaa aasaa.�ai• .�. tea. .l �.-�!�.:.��� �.TI 1 • .::::.::::....::::::. ::::::::::::.::::::::::::::....::::::;M:i:ii:ia;•• ••..;.•..g.4:::Zgil:::::ii.......ig: .*:::i3::::::•::::::ii:: ••t . ti ._ •• .. .. - • • .. .. .. . .. ... •.. ... . . . ...... ......"' : . .;•:•:-......;..........i.::•:•..;•.......:.::•:•.........::.:•.:::•:::•::._•:::::::.::::::::.: ::::::.:••••:•.:.:.:..:...:.:_.:.:.:•:•.:.:_:•:•.:.:.:.::.:.:.:.::.:.:.:.:....:.-...:.:•:•:..„......:.:.:.:.::.:.:.::::::.: : ..;•:::::::::.::-::•::::::::.::---:•••••••:Aii::.::::::::::::::.:.:::::.-..............:•:•:•::::•:•:•::::.:-...:.:::::::::::*.::::::*:: ::::::.:.::::::....:...:.::::::•:*-::::.:•::::•:::„::::.:.::.:•..*.::.:-..:::::,:i::.:-..: *:.......::::::::.::::::.::::::::.:::::........:. -:•••••••:•:•:•:•:":::-:-..----::-::::::::::::::::::::::::::::::::::::4 i:::::::::::ili.:::ii:::::::.:::.::z:::: :::::::::":::::::: :::::::::::::::4:::::::: iiii:::::::::•iii::::::::::iiiii::::::::::::::::::::iiii:.:::::-:::::::.:::::::.........::::::::::.:::::. :....:............:::.::::::::::::::::::::::::: ::::.,„ ::::: ::::::,:.....:„.....::::::::...........i.... ...................:::::.........:::: ............:......::...../:::::::::::::::::.:::::::::::::::::.::::.':*".::::::.:.:**:::::'::::"'".::::::..,:::•:::::::•::::::**:•**:•::::::.*::•::::::::.*.::::::::::i:i:i:i:*•:::.:•::::.::::.:::.::::.::::. ........,............... ...................::::::::::.::::::::::::::**.::::::,.....„.„.:::::::::::.*:::::.... ......:.::::•::..::::::::..:::::::::..:::::•::.::::::::•••::.:::::.:•::::::.:::. :.::::.:....::::.:.::::::.:.::::....:.:......:.:•:.....•••-• •TofsICDFundS• S14000 •:�• ..tip 'i: • • • •.'i . • .. .:.:.::.:.:.::::.:.::::.:.:.:.::.:. : :::W•••••.*:•i;••••:.;::::.NM;••••••••• •••••••••••••• • e r 0 0 F :::•::::::::::::::::::::: ::::.1::::;.::T:..::..: Funds. •• PROGRAM I MPLEMENTATI(: .—Y., . 1991/1992 ' ,OJ ECT , iME: North Beach Facade Renovation ORGANIZATION: North Beach Development Corporation Program Diementation Stein 0 e! •V I : iu : ' : LI Solicit facade ctrant applications (2 buildings carried over and at least 2 X X X X X X X ew projects) • 4 a Secure design approval for grant applications X X X X :onstruction supervision/monitoring DI' projects carried over and new projects X X X X X X X X X X X X * a . ► 4 ► • • . • • 4 • • ! p a • a , a 4 • 1 • J r APPENDIX 2 i ► I • . $ u ► I O ► , l ' U . ► If the Provider will be using CDBG funds for an Economic Development Activity, the following federal requirements must be acknowledged: LOW/MODERATE INCOME JOBS Criteria A low/moderate jobs activity is one which creates or retain permanent jobs, at least 51% of which are taken by tow/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-lime 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, X11 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 reta)ncd, the following additional criteria apply: o There is clear and objective evidence that permz nent jobs w ill 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 are considered to be available to low/moderate income persons when both_ the following conditions arc fulfilled: o Special skills that can only be acquired with one or more years of training or work experience, or education beyond high school, arc psi_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 appl icant'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 lob 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-tim:; and, o A description of actions to be taken by the Provider and business to ensure that low/moderate income persons receive "first consideration" for these jobs; and, 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 kw/moderate income persons, 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 jolts, on a full-time equivalent basis, will be taken by low/moderate income persons and a listing by job title of the permanent jobs created; and, o A listing, by job title, of the permanent jobs filled and which jobs were initially held by low/moderate 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 law/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 arc 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 (JTPA) Program, except for referrals under the JTPA Title III Program for dislocated workers. ADDITIONAL CONSIDERATIONS The Provider must prepare a "pecessary or aporopriatc" determination whenever CDBG assistance is provided for a private, for-profit entity carrying out economic development _ t t activities. This determination is to ensure that the amount of the financial assistance is not excessive in light of the actual needs of the business and the expected public benefit. Examples of CDBG assistance are: grants, loans, loan guarantees, interest supplements, technical assistance or another form except for those described as ineligible in CDBG Regulations s570.207. If no CDBG assistance of a financial naiva is being provided for a private, for- prof it 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. 1 hereby acknowledge that I have read the specific requirements for economic development activities contained in this document, and that eligibility of my organization's project depends upon compliance with the requirements contained in this document. SIGNATURE NAME/TITLE OF SIGNATOR NAME OF ORGANIZATION DATE AEDC.ALI. APPENDIX 3 • . MiAMI BEACH (X)MMUNITY DEVELOPMPN1 DIVISION NARRATiVE REPORT FORM PROJECT NAME: • REPORTING MONTH/YEAR: REPORTER SIGNATURE & POSITION: DESCRIPTION OF ACTIVITIES AND PROJECTED ACCOMPLISHMENTS SCHEDULED FOR THE REPORTING PERIOD: PER ACTIVITY, STATE THE STATUS OF PROJECTED ACC+ )MPLISHMENTS, UST COMPLETED UNITS OF MEASURE, AND DESCRIBE MATERIAL + RODUCED FOR THE REPORTING PERIOD: STATE ALL PROBLEMS ENCOUNTERED AND/OR THEM RESOLUTION, WI-BCH HAVI AFFECTED THE OPERATION OF THE PROJECT DURING THE PERIOD, OR WHICH HAV1 IMPACTED ON THE COMPLETION OF PROJECTED ACCOMPLISHMENTS AND/OR THI CDBG EXPENDITURE RATE: STATE OR LIST SPECIAL RECOGNITION RECEIVED DURING THE REPORTING PERIOD MIAMI BEACH COQ ITY DEVELOPMENT DIVISION FINANCIAL SUMMARY FORM REPORTING MONTH/YEAR PROJECT: REPORTER SIGNATURE & POSITION PROJECT PROVIDER ATRIUM', AR-TO-DATE OPEN � �2� KOW-TO-DIS SCE OBLIGATIONS APPROVED BUDGET " EXPENDITURES CATEGORY SNE��DO� BUDGETEZPEI/'DI7'UREe • Salaries & Benefits Consultants & Contract Services Space Rental Equipment Lease or Purchase - Travel Other Operating in Expenses pe 9 Materials Rehabilitation Real Property Acquisition TOTAL. with supporting documentation • reporting month's expenditures, pP � The rep 9 attached. committed b the provider but have not yet Funds which have been Y been paid, e.g. portion not paid in outstanding contract; portion paid yet committed to the end of the program. of employee salaries not 1!1N11 dJ1 CUM i TY I . i::)i 6.,. CLIENT FffILL F P MCIsaToRrNG PERIOD: PRITECT OPERATOR: REPOREER & PCS ITICt1 s SERVICE PROVIDED: SIGNAIURE i DMZ: ?-TM LOW/MOD BENEFIT' 1 =QC RAN SEX ECITY ALS OH VMSITS - 4 TYPE OF ffila o rc"= a w Fizmilz ' SICK: YFJ+R a �, o . PiEJVI ots) ' 10}OA'11 ei M5 -4 o '� 55 _ : A B C D E 4ALE MALE !moi 'BLACK IMOR 18 9-40! 41-65 66-7571!!!__ 1 2 Sa 5b 0 - . . 7a • 'f a I' 8a f I 8c ed TU--- • 4 s4 4 a�mor 0 ' i 71......m...r, _.._. i • £ $ • P.wommimm• • r V..m..........=.4, I 0 1 4- — 1111111111111 .1 Col. 2 Place total client visits for period in top portion and place total from start of project todate in bottom portion. Col. 3 Place nutter of Nem Clients registered for period in top portion and place total of registered clients from start of project todate in bottom portion. Col. 5 ATTACH IC''S INc7ClE SCREENING HAWES AND REQUIRDINT Col. 6 Place total f t ale participation in top portion and break-out Fdnale Need of Household for bottom portion. . . • SEE MAP acv IACK Flnrtn m R1-0100 . t ATTACHMENTS • CITY OF MIAMI BEACH LOW AND MODERATE HOUSEHOLD INCOME LIMITS (EFFECTIVE: 2/01/91) A low income or a moderate income household is defined as: a household having an income equal to, or less than, the limits cited below. Individuals who are unrelated but are sharing the same household shall each be considered as one person households. HOUSEHOLD SIZE MODERATE INCOME* LOW INCOME** 1 PERSON 21, 300 13 , 300 2 PERSONS 24 , 300 15, 200 3 PERSONS 27 , 350 17 , 100 4 PERSONS 30,400 19, 000 5 PERSONS 32 , 850 20, 500 6 PERSONS r 35, 250 2 , 050 7 PERSONS 37 ,700 23 , 550 8 PERSONS 40, 150 25, 100 * 80% of Median Income ** 50% of Median Income SOURCE: U.S. Department of Housing & Urban Development "Section 8 Housing Assistance Payments Program" HUD Circular Letter 91-30 CITY OF MIAMI BEACH PERCENTAGE OF LOW/MODERATE INCOME PERSONS BY CENSUS TRACT AND BLOCK GROUP CENSUS BLOCK % LOW/MOD CENSUS BLOCK % LOW/MOD TRACT GROUP PERSONS TRACT GROUP PERSONS 39 . 01 1 51. 09 43 1 81.70 39. 01 2 52 . 18 43 2 79 . 24 39. 01 3 71.78 43 3 82 . 88 39. 01 4 79 . 29 43 4 86. 69 39 . 01 5 70. 68 43 5 70. 09 39 . 01 6 56.05 43 6 59 . 54 39 . 01 7 23 . 09 43 7 58 . 51 39 . 02 1 67 .48 44 1 79 . 53 39 . 02 2 80.73 44 2 85. 59 39 . 02 3 77 .42 44 3 91 . 18 39 . 02 4 63 . 53 44 4 90. 14 39 . 02 5 47 . 59 44 5 85. 89 39 . 02 9 40. 11 44 6 77 . 99 39 .05 1 42 . 11 44 7 83 . 23 39 . 05 2 60. 01 44 8 66. 91 39 . 05 3 43 . 54 45 1 84 . 59 39 . 05 4 55. 46 45 2 86 . 74 39 . 06 6 24 .79 45 9 00 . 00 39 . 06 7 25. 57 45.99 2 69 . 08 39. 06 , 8 11 . 48 40 1 68 . 87 40 2 35. 61 40 3 38 . 53 40 4 27 . 58 40 5 59. 65 40 6 15. 80 40 7 30.73 41 . 01 1 74 . 44 41 . 01 2 62 .91 41 . 01 3 60.70 41. 01 4 28 . 19 41 . 01 5 15. 93 41. 02 1 21. 37 41 . 02 2 25. 47 42 1 76. 47 42 2 76. 70 42 3 79 . 83 42 4 00. 00 42 5 67 . 63 42 6 77 . 44 42 7 60. 18 Source: 1980 Census Summary Tape 3 for State of Florida (6/27/88) SECTION 3 CLAUSE A. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1)68 , as amended, 12 U.S.C. 1701u. Section 3 requires that to :he grea .est 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 Deve:_opment set forth in 24 CFR 135. 20, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. C. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization of workers' representative of his commitments under this Section 3 Clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. D. The contractor will include this Section 3 Clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the t M subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135. 20. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135.20, and will not let nay subcontract unless the subcontract has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. E. Compliance with the provisions of Section 3 , the regulations set forth in 24 CFR 135. 20, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR 135. 20. 2 EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTS SUBJECT TO EXECUTIVE ORDER 11246 The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid tor in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous place, available to employees and applicants for employment, notices to be provided setting forth the provision of this nondiscrimination clause. (2) The contract will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color , religion, sex or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24 , 1965, end of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24 , 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation 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 canceled, 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, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of Septmber 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwis provided by law. 2 (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 204 of Executive Order 11246 of September 24 , 1965, so that such provisions will be binding upon each subcontractor or vendor. contractor will take such action with respe,t to as►y subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance: Provided, however, Lhat in the event a contractor becomes involved in, or is threaLened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor muy request the United Stated 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 or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or :subdivision of such government which does not participate in work on or under ttie contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. 3 The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency of the Secretary of Labor pursuant to Par II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakes, the administering agency may take any or all of the following actions: cancel, terminate, suspend in whole or in part this grant (contract, loan, insurance guarantee) ; refrain from extending any further assistant to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the department of Justice for appropriate legal proceedings. 4 ORIGINAL 17cLITTL,'7; NC. Authorizing and directing the execution of an agreement between the City of Miami Beach and the North Beach Development Corporation of Miami Beach, Inc. (NBDC) , for provision of a Facade renovation program to improve neighborhood conditions in the North Shore Area.