RESOLUTION 92-20534 RESOLUTION NUMBER 92-20534
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
ATTACHED AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND THE MIAMI BEACH JEWISH COMMUNITY
CENTER, INC. , A NON-PROFIT FLORIDA CORPORA-
TION, FOR THE ALEPH CHILD CARE RENOVATION
PROJECT.
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 Seventeen
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 Miami Beach Jewish Community Center, Inc. ,
hereinafter referred to as the "Provider", for the Aleph Child Care
Renovation Project; and
WHEREAS, pursuant to such Agreement, the Provider will
receive a total amount of Twenty Five Thousand dollars ($25, 000)
from Year Seventeen 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, 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 $25, 000 for the above-stated Provider; 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
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NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH FLORIDA, that the City
Commission hereby authorizes the attached Agreement between the
City of Miami Beach and the Miami Beach Jewish Community Center,
Inc. , for the Aleph Child Care Renovation Project 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 8th DAY OF July , 1992 .
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ATTEST:
FORM APPROVED
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CITY CLERK /;'11.- ....2ZildSi—o-
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Date V-‘2_____
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CITY OF MtAM' I BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. 16,1 z
DATE: July 8 , 1992
TO: Mayor Seymour Gelber and
Members of the City Commission
FROM: Roger M. C.., 0,a t
City Manager
SUBJECT: APPROVAL OF A CONTRACTUAL AGREEMENT WITH THE MIAMI BEACH
JEWISH COMMUNITY CENTER, INC. (JCC) , IN ORDER TO
IMPLEMENT THE YEAR SEVENTEEN (17) COMMUNITY DEVELOPMENT
BLOCK GRANT ALEPH CHILD CARE RENOVATION PROJECT
ADMINISTRATION RECOMMENDATION:
To authorize the execution of a contractual agreement with the
Miami Beach Jewish Community Center, Inc. (JCC) to implement the
Community Development Block Grant (CDBG) Year Seventeen (17) Aleph
Day Care Renovation Project. This project was approved on July 10,
1991, via Resolution #91-20330, which adopted the Year 17 CDBG
"Final Statement" .
BACKGROUND:
On July 10, 1991, the City Commission adopted Resolution #91-20330
which approved the Year Seventeen (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, and which authorized specific allocations for
projects/activities. Subsequent to City Commission approval, the
"Final Statement" (which is the federal grant application) was
submitted and accepted by the U.S. Department of Housing and Urban
Development. In order to implement the various projects and
programs which have been approved, it is necessary to prepare and
execute contractual agreements for such. Therefore, at this time
the following contractual agreement is recommended for approval.
(This is a standard administrative procedure. ) Funds are available
in Fund 137 - Year 17 CDBG program.
ANALYSIS:
This project was delayed pending a U.S. HUD determination regarding
several issues related to the method of implementing this project.
In addition, the Project Budget submitted by the JCC for the Aleph
Child Care Renovation Project as allocated, did not include funds
for architectural/engineering and other soft construction cost
dollars. As a result, the JCC had to secure the pro-bono
architectural/ engineering plans. These plans are now complete for
the renovation project and the project is ready to go out to bid
after execution of the CDBG contractual agreement. 3
AGENDA
ITEM - _
DATE
COMMISSION MEMO
JULY 8, 1992
PAGE 2
CONCLUSION:
It is standard procedure to execute a grant agreement with a CDBG
sub-recipient to undertake an approved "Final Statement" activity.
Therefore, we recommend the execution of a contractual agreement
with the Miami Beach Jewish Community Center, Inc. to implement
the CDBG Year Seventeen (17) Aleph Day Care Renovation Project,
which was approved on July 10, 1991, via Resolution #91-20330, and
which adopted the Year 17 CDBG "Final Statement" .
RMC\cmc
ALPH-COM.MEM
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AGREEMENT
This Agreement is entered into this 8th of July, 1992 , 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
Miami Beach Jewish Community Center, Inc. , hereinafter referred to
as the "Provider. "
WITNESSETH:
WHEREAS, the City has entered into an agreement with the U.S.
Department of Housing and Urban Development 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 child day care services for low/moderate
Miami Beach 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
The Provider agrees to implement the Year 17 Aleph Child Day Care
Renovation Program, i.e. renovate the Aleph Child Development
Center located at 4221 Pine Tree Drive, in accordance with the
projected accomplishments attached and made a fully binding part of
this Agreement, 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 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.
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 mchanism,
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.
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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. (Provider acknowledges receipt of copy of same. )
1. Attachment A, "Cash Depositories", except for paragraph
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
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 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
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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. 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 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
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
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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.
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.
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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
period of time as determined appropriate by the City
after expiration of the Agreement.
2 . If the real property is sold within the periodi' 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 of, or improvement to, the
property. Such reimbursement is required.
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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.
O. 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.
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
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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
received, have been met. These also includes 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
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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.
This project shall become operational as of July 8, 1992 , and shall
continue through September 30, 1992 .
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.
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
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actual portion to be terminated. However, i f, 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/Qr waste,
as determined by the City's monitoring of the sub-
recipient, and applicable HUD rules and
regulations.
2 . The City shall notify the Provider in writing when the
Provider has been placed in default. Such notification
shall include actions taken by the City, such as
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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
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.
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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
It is expressly understood and agreed that the total compensation
to be paid hereunder for actual expenditures incurred shall not
exceed Twenty Five Thousand dollars ($25, 000) from Year Seventeen
(17) funds. Such funds must be expended during the term of the
Agreement, and any remaining balance of funds shall revert to the
City. Such compensation shall be paid in accordance with the
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, no later than the tenth (10th) day of the
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succeeding month 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 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 within each component and may not exceed in the
aggregate fifteen percent (15%) of each line item without
prior written approval of the City. All changes amounting to
more than fifteen percent (15%) require prior written
approval.
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
disclosure shall occur immediately upon knowledge of such possible
conflict. The City will then render an opinion which shall be
binding on both parties.
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SECTION 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 judgements which may issue thereon.
The Provider, through an insurance carrier, shall provide a General
Liability Policy with coverage for Bodily Injury and Property
Damage, in the amount of $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
execution of this Agreement, this Agreement shall become null and
void and the City shall have no obligation under the terms thereof
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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.
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
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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.
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
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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: 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 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.
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XIII: 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 $25, 000. Provider hereby expresses its
willingness to enter into this Agreement with Provider's recovery
from the City for any damage action for breach of contract to be
limited to a maximum amount of $25, 000, less the amount of all
funds actually paid by the City to Provider pursuant to this
agreement.
Accordingly, Provider hereby agrees that the City shall not be
liable to Provider for damages in an amount in excess of $25, 000
which amount shall be reduced by the amount of the funding actually
paid by the City to Provider pursuant to this agreement, for any
action or claim for breach of contract arising out of the
performance or nonperformance of any obligations imposed upon the
City by this Agreement. Nothing contained in this subparagraph or
elsewhere in this Agreement is in any way intended to be a waiver
of the limitation placed upon City's liability as set forth in
Florida Statutes, Section 768 . 28 .
XIV: 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
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parties cannot agree upon the arbitrator, then the American
Arbitration Association shall appoint one. Judgment upon the award
rendered may be entered into any court having jurisdiction, 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 Agreement, or the
breach hereof, including any controversy or claim relating to the
right to specific performance, shall be settled by litigation and
not arbitration.
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 MI BEACH, FLORIDA
c)-v \Nrv-\
CITY CLERK Wrc'1Z MAYOR
WITNESSES:
� .� .�/
( (
MIAMI BEACH JEWISH
COMMUNITY CENTER, INC.
c '
{
c /t• "
AUTHORIZED `SIGNATOR
ALPH-REN.JCC
FORM APPROVED
LE DEPT.
400eLk41.._Date
19
s
a
APPENDIX 1
BUDGET SUMMARY SHEET
Miami Beach Jewish Community Center
'
Project Funding Year 1991/92 Operator Aleph Child Development Center Date Submitted 4-
14-92
-
(.ateCjOrY1 .
,
Number Category Breakdown CD Funds Other Funds Other Funding Sources Total Funds
- -
1 'Salaries & Benefits
,
'Consultants &
2 Contract Services
,
3 'Space Rental
'Equipment Lease
4 or Purchase
,
,
5 II ravel .
_
,
Other Operating
6 Expenses
,
7 'Materials
Iliehabilitation
8 RENOVATION ,
25,000
. $25,000
'Real Property
9 Acquisition
. ,
. .. ........„......,........,...„
,
.... •-••••-•••--,...:•••••••••-i.:::::::•aii,ii.:::::.?..:a;:•::::: ::::::::.::::•::::.iiiiiiiiii::-.?:::::a,,
::::::::i::::.::::::::::::.: ::: -..iT.i:;.-:::, ..--..:-:.:.:.:-:::..:.:::-::-:.:-:.:.:::.::::::::::::::::i:::::::::.:::::::::::::: ii,....:::::::::•:::::•0:::: :::g:: ::•:., :: ::: :: :.....i....i....i.e...0::::::::!....1•:.iii.i:..iliiiiiiiiii!....::: :::::::::::::::mi.,„.„„:4:::::,:: : :::: :... . ................:::::::::::::::::::::::::::::,.................„,,,........:;,,,.........„:„......
v:::::1,:.1..:',,:-i,....tii:ii::-....:-...::/i,:•A::::::i't:,:-:::...,' ,'I.,',.,'1.,'1.,' Total CD Funds:
1
$25,000 -•••••:::::..:ii:.0::::.:::;:::•::::: ::N:ii:..•::::::.•04:: :::::::::.....:::::::::::ig:MaimEzebm..1::i.iiimiii.:::i::ili.i.ii:: ::0:: ::::::::::::: .•:.imiimo::::: ::::: .. : i: .ili.....:: :
...
....:.::::::::::::::.:.:.:.:.,.:.:.:•:.:.,•:.. -.......:.:.:.:.:.:.::::.:::::::::::::.:::::::::.:::::::::::::::::::::•:::::::::::: :::.::::::.:::::::::::::::::: : : : ::::::: .........:.... .............................................................; :::::::.::
.i....-....- -
...-:.--.....:-:.:...:•.-.-.•:-...,....,,,.....
.:!•#00.-.....-.::.:::::::,............:..... ':••••'• •••••••••:••••••••••••••••••••:•••:.:••••••••••••••••••••••• • •••••••:•••-....••••••••••• .-...............:•:...:•:.:.::::•:::::.:.:::::•:•:•:::::;::::::::::::::::::i:i*:::;i:i*:*ii i:i::::::::::::::::::.::::::•:::*-.......,...,:::::::::•:::::::•::::?.........iii,....,::::::.:::::.......:•:•:•::.?i•i.ii:::::•:....:.::*.
•....-..:•:-:::•,..-........,-.....-...........,..................................:.:....„.......:
::::•:::.:: ::..: ::Q-..:. ...:-..-.. :.:: ::::: .:.:.:.:.::::::::::::::::.:ii.:*:::::::::•:?:::.*•:::*:-::::•::::::::::::::::.:.::::::::::::::::::::-::::::::::iiiii:.::.::::.:-::::*::::::::;:jii::
:::::......::::::::::•::::::.:::::::::::: :i: Other Funds: ::::-::::::::::::..:::::;.#;:::.;:.::;:,:::::;:;:,:::.::::. .......,;:;.:. ::::::::,...,,,,,,:::::::..................::::::::„..........,.............::::.............................................
ii.::::::::: : : ::: - -.:-.: ::.:.::ii:if:::::
:::::::::m
::iii::::::::::::::::i*:.::.::.::.*:::::::::.::::::::.:.:::.:.:.....::::,.::::::::::..!,. ..
. :77:7777i....i....iiiia $25,000
:.:""?::::•:::::.:".::.""N"::::::''":"'.:"': Grand Total: .:::.:::.::).....?...:::?:::::::..:::.:.:::.:.::::::::.: : ::::.:: : ::.: ::.: ::*:_:::.:.:.:.:.:.:.:.:.:.:.:...............................
:::::::::::::::: :::::'x':''' -'::::'::::':'::.::::'-':::': 2::::.:-m::::' H:::::::':;:::::::::::::: ::: ::::H: ::::m .2:.:::;'
t i
APPENDIX 3
S.
Ms
M1A?O BEACH COMMUNITY DEVELOPMENT DIVISION
NARRATiVE REPORT FORM
PROJECT NAME: REPORTING MONTH/YEAR:
REPORTER SIGNATURE & POSITION:
DESCRIP170N OF ACTIVITIES AND PROJECTED ACCOMPLISHMENTS SCHEDULED FOR
THE REPORTING PERIOD:
PER ACTIVITY, STATE THE STATUS OF PROJECJ ED ACCOMPLISHMENTS, US"
COMPLETED UNITS OF MEASURE, AND DESCRIBE MATERIAL PRODUCED FOR nil
REPORTING PERIOD:
STATE ALL PROBLEMS ENCOUNTERED AND/OR THEIR RESOLUTION, W}iICH HA\
AFFECTED THE OPERATION OF THE PROJECT DURING THE PERIOD, OR WHICH NAS
IMPACTED ON THE COMPLETION OF PROJECTED ACCOMPLISHMENTS AND/OR T}-
CDBG EXPENDITURE RATE:
STATE OR LIST SPECIAL RECOGNITION RECEIVED DURING THE REPORTING PER10I
MIAMI BEACH COMMUNITY DEVELOPMENT DrvIsION
FINANCIAL SUMMARY FORM
REPORTING MONTH/YEAR:
PROJECT:
PROJECT PROVIDER: REPORTER S I GNAZ'URE & POSITION:
?WORY BREAKDOWN APPROVED REVISED MONTH-TO-DA
ONTH-TO-DA YEAR-TO
-DATE OPEN
ATAXIA=
rummy
BUDGET BUDGET EXPENDITURES (1) EXPENDITURES OBLIGATIONS")
Salaries & Benefits
Consultants Si Contract Services
•Space Rental
Equipment Lease or Purchase
Travel
Other operating Expenses
Materials
Rehabilitation
- t
Real Property Acquisition
, w
TOTAL
•
with •su orting documentation
The reporting months expenditures, pP •
1)
attached.
2) Funds which have beencommitted bythe provider but have not yet
b411+n p , e.4. portion not paid in outstanding contract portion
;
of employee salaries not paid yet committed to the end of the program. r
t,1Iv11 Bali aritilIN lEflifter Divi S1CN
OJENTPIffILEFOI4I
P MONITCRING PERICO s
PFCIJECT OP & PCE ITICYV s
SERVICE PROVILEDs SIGNATURE 4 DATE:
AcLOW/MOD BENEFIT' Ste( ----elttilerri AGE
OR vISI'1S - 4
7YPE CW P£RIM � �-� a w S
• �' LE
SkWICX YEAR a :� o
P 1011 10-0AIE CLI W I'S524 �, A B C 0 E MALE 01 , . v B ACX • 'N• - 18119-40141-65 66-75 76+
1 2 Sa , 513 • - 8d Be
4. i
i
7:. i ,, 0 i 0 .--- 0----
s. t-....--m 4 ' * i 4 40,-
11111111
• . ► • A
t i f A A [ - 4 -
1111112111111111 1
0 _ I 4* t
i _ J _ - _____ ....... _
Col. 2 Place total client visits for period in top portion and
place total frail start of project =tate: in bottom portion.
Col. 3 Place nuiber of New Clients rugist red far period in top
portion and place tc tal of registered clients from start
of project todate in bottom portion.
Col. 5 ATIAQ-! AGENCY'S INOCME SCREENING RAICES AND Ruziunitnxr
Col. 6 Place total funale rrticipdtion in top portion and
break-out Fondle Ned of Household for button portion.
• • I
0AP CIV bP (
r r
ti
ATTACHMENTS:
CITY OF MIAMI BEACH
LOW AND MODERATE HOUSEHOLD INCOME LIMITS
CITY OF MIAMI BEACH
PERCENTAGE OF LOW/MODERATE INCOME PERSONS
SECTION 3 CLAUSE
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR
CONTRACTS SUBJECT TO EXECUTIVE ORDER 11246
s
1
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 $ODERATX 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 35,250 22 , 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
• .
< i !
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 1968, as amended, 12
U.S.C. 1701u. Section 3 requires that to the greatest extent
feasible, opportunities for training and employment be given
to lower income residents of the project area, and contracts
for work in connection with the project be awarded to business
concerns which are located in, or owned in substantial part by
persons residing in the area of the project.
B. The parties to this contract will comply with the provisions
of said Section 3 and the regulations issued pursuant thereto
by the Secretary of Housing and Urban Development set forth in
24 CFR 135. 20, and all applicable rules and orders of the
Department issued thereunder prior to the execution of this
contract. The parties to this contract certify and agree that
they are under no contractual or other disability which would
prevent them from complying with these requirements.
C. The contractor will send to each labor organization or
representative of workers with which he has a collective
bargaining agreement or other contract or understanding, if
any, a notice advising the said labor organization of workers'
representative of his 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
r
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 for in whole
or in part with funds obtained from the Federal Government or
borrowed on the credit of the Federal Government pursuant to a
grant, contract, loan insurance, or guarantee, or undertaken
pursuant to any Federal program involving such grant, contract,
loan, insurance, or guarantee, the following equal opportunity
clause:
During the performance of this contract, the contractor agrees as
follows:
(1) The contractor will not discriminate against any employee or
applicant for employment because of race, color, religion,
sex, or national origin. The contractor will take affirmative
action to ensure that applicants are employed, and that
employees are treated during employment without regard to
their race, color, religion, sex, or national origin. Such
action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of 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, and 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 otherwise provided by law.
2
e s
(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. 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 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 the
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
VJ`L,JliVLAJJ
RESOLUTION NO. 92-20534 4
Authorizing the attached agreement between
the City of Miami Beach and the Miami
Beach Jewish Community Center, Inc. , a
non-profit Florida Corporation, for the
•
Aleph Child Care Renovation Project. ,
i
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