RESOLUTION 92-20623 t �
RESOLUTION NUMBER 92-20623
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 CURE AIDS
NOW, INC. , WITH A FUNDING AMOUNT OF FIFTY
THOUSAND DOLLARS ($50,000) , FOR PROVISION OF A
SUPPLEMENTAL MEALS PROGRAM FOR HOMEBOUND
PERSONS IN MIAMI BEACH LIVING WITH AIDS.
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 Eighteen
Final Statement of Objectives and Projected Use of Funds to the
U.S. Department of Housing and Urban Development which identified
$2 , 621, 468 in available CDBG resources for Year Eighteen projects,
of which $2 , 106, 000 are Year Eighteen entitlement funds, $86, 468 in
funds reprogrammed from prior year's funds, and $429 , 000 in program
income of which $9, 000 is available for Year Eighteen 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 Cure AIDS Now, Inc. , hereinafter referred to as the
"Provider" , for provision of a meals program for homebound persons
in Miami Beach living with AIDS ; and
WHEREAS, pursuant to such Agreement, the Provider will
receive a total amount of Fifty Thousand dollars ($50, 000) from
Year Eighteen 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.
92-20535 adopted July 8 , 1992 , approved the CDBG Year 18 Final
Statement outlining the specific projects and allocations,
including $50, 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 Mayor and
City Clerk are hereby authorized and directed to execute an
Agreement between the City of Miami Beach and Cure AIDS Now, Inc. ,
with a funding amount of Fifty Thousand dollars ($50, 000) , for
provision of a supplemental meals program for homebound persons in
Miami Beach living with AIDS.
PASSED AND ADOPTED THIS 21st DAY OF I
, 1992.
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ATTEST: FORM APPROVED
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LEGAVD 'PT.
By
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1F-C iQN A at g
Dat 6 7-
CITY CLERK
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
Z.TO: COMMISSION MEMORANDUM NO. 6q1 -92-
TO:
Mayor Seymour Gelber and DATE: October 21 , 1992
Members of the City Commission
FROM: Roger M. Cara
City Manager 1/0
SUBJECT: ADOPTION OF FIFTEEN (15) RESOLUTIONS AND APPROVAL OF A
FORM AGREEMENT NECESSARY TO IMPLEMENT THE YEAR EIGHTEEN
(18) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
ACTIVITIES
ADMINISTRATION RECOMMENDATION:
To adopt the following Resolutions and to approve a "Form
Agreement" necessary to implement the Year Eighteen (18) CDBG
activities which were approved on July 8, 1992, via Resolution #92-
20535. It is essential that these Resolutions be adopted at this
Commission Meeting.
1. 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 ASPIRA OF
FLORIDA, INC. , WITH A FUNDING AMOUNT OF TWENTY FIVE THOUSAND
DOLLARS ($25,000) , FOR PROVISION OF A LEADERSHIP DEVELOPMENT/
DROPOUT PREVENTION PROGRAM FOR AT-RISK YOUTH IN MIAMI BEACH.
2 . 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 BOYS AND
GIRLS CLUBS OF MIAMI, INC. , WITH A FUNDING AMOUNT OF THIRTY
FIVE THOUSAND DOLLARS ($35,000) , FOR PROVISION OF A JUVENILE
PROGRAM IN MIAMI BEACH.
3. 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 COMMUNITY
COUNCIL FOR JEWISH ELDERLY, INC. , WITH A FUNDING AMOUNT OF
THIRTY THOUSAND DOLLARS ($30,000) , FOR PROVISION OF SOCIAL
SERVICES TO ELDERLY MIAMI BEACH RESIDENTS.
4. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE EXECUTION OF AN
ATTACHED AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CURE
AIDS NOW, INC. , WITH A FUNDING AMOUNT OF FIFTY THOUSAND
DOLLARS ($50,000) , FOR PROVISION OF A SUPPLEMENTAL MEALS
PROGRAM FOR HOMEBOUND PERSONS IN MIAMI BEACH LIVING WITH
AIDS.
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AGENDA R:7
ITEM
DATE I '2 '1�
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COMMISSION MEMO
OCTOBER 21, 1992
PAGE 2
5. 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 DADE COUNTY
PUBLIC SCHOOLS, WITH A FUNDING AMOUNT OF SEVENTEEN THOUSAND
DOLLARS ($17,000) , FOR PROVISION OF FEE WAIVERS FOR
LOW/MODERATE INCOME COMMUNITY SCHOOL STUDENTS WHO ARE MIAMI
BEACH RESIDENTS.
6. 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 JEWISH
VOCATIONAL SERVICE, WITH A FUNDING AMOUNT OF FIFTEEN THOUSAND
DOLLARS ($15,000) , FOR PROVISION OF MEALS TO HOMEBOUND CLIENTS
AND SHOPPING ASSISTANCE TO HOMEBOUND CLIENTS IN MIAMI BEACH.
7 . 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 LITTLE HAVANA
ACTIVITIES AND NUTRITION CENTERS OF DADE COUNTY, INC. , WITH A
FUNDING AMOUNT OF TWENTY THOUSAND DOLLARS ($20,000) , FOR
PROVISION OF A HOT MEALS PROGRAM FOR ELDERLY MIAMI BEACH
RESIDENTS.
8. 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 LITTLE HAVANA
ACTIVITIES AND NUTRITION CENTERS, INC. , WITH A FUNDING AMOUNT
OF FIFTY THOUSAND DOLLARS ($50,000) , FOR PROVISION OF THE
MIAMI BEACH RAINBOW CHILD DAY CARE PROGRAM FOR MIAMI BEACH
RESIDENTS.
9. 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 LOG CABIN
ENTERPRISES, INC. , WITH A FUNDING AMOUNT OF TWENTY NINE
THOUSAND DOLLARS ($29,000) , FOR PROVISION OF A PLANT NURSERY
IN ORDER TO PROVIDE VOCATIONAL TRAINING, JOB DEVELOPMENT AND
PLACEMENT FOR DEVELOPMENTALLY DISABLED ADULTS IN MIAMI BEACH.
10. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE EXECUTION OF AN
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE MIAMI BEACH
JEWISH COMMUNITY CENTER, INC. , WITH A FUNDING AMOUNT OF TEN
THOUSAND DOLLARS ($10,000) , FOR PROVISION OF CHILD CARE/FEE
WAIVERS FOR MIAMI BEACH RESIDENTS.
11. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE EXECUTION OF AN
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE MIAMI BEACH
METHODIST CHILD CARE CENTER, INC. , WITH A FUNDING AMOUNT OF
TEN THOUSAND DOLLARS ($10,000) , FOR PROVISION OF CHILD
CARE/FEE WAIVERS FOR MIAMI BEACH RESIDENTS.
12. 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 MOSAIC, INC. ,
WITH A FUNDING AMOUNT OF SEVENTY FIVE THOUSAND DOLLARS
($75,000) , FOR THE RENOVATION OF A HISTORIC STRUCTURE.
13. 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. , WITH A FUNDING
AMOUNT OF ONE HUNDRED SIXTY FIVE THOUSAND DOLLARS ($165,000) ,
FOR PROVISION OF A FACADE RENOVATION PROGRAM IN THE NORTH
BEACH AREA.
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COMMISSION MEMO
OCTOBER 21, 1992
PAGE 3
14. 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 SOUTH
FLORIDA ART CENTER, INC. , WITH A FUNDING AMOUNT OF ONE HUNDRED
NINETY THOUSAND DOLLARS ($190,000) , FOR PROVISION OF A SPECIAL
ECONOMIC DEVELOPMENT ACTIVITY.
15. 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 STANLEY C. MYERS
COMMUNITY HEALTH CENTER, INC. , WITH A FUNDING AMOUNT OF THIRTY
FIVE THOUSAND DOLLARS ($35,000) , FOR PROVISION OF PRESCRIPTION
DRUGS TO LOW AND MODERATE INCOME RESIDENTS IN THE CITY OF
MIAMI BEACH.
BACKGROUND:
On July 8, 1992, the City Commission adopted Resolution 92-20535
which approved the Year Eighteen (18) Community Development "Final
Statement of Objectives and Projected Use of Funds" for the program
year which commenced on October 1, 1992, and continues through
September 30, 1993 , and which authorized specific allocations for
the Year 18 projects/activities. Subsequent to City Commission
approval, the "Final Statement" (which is a 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 were approved, it is necessary to
prepare and execute contractual agreements for such. This is a
standard administrative procedure, to implement the CDBG activities
approved by the City Commission on July 8, 1992 .
ANALYSIS:
The City has received the CDBG Year 18 "Grant Agreement/Funding
Approval Forms" from the U.S. Department of HUD for the period
covering October 1, 1992 through September 30, 1993 . After this
document is executed, HUD increases the City's Letter of Credit by
the grant amount. The City then presents sub-recipient agreements
to the City Commission for approval. It should be noted that the
remainder of the agreements will be presented to the City
Commission in the near future.
CONCLUSION:
Therefore, at this time fifteen (15) CDBG contractual agreements
are recommended for approval. Funds are available in Fund 130,
Year 18 CDBG Program. It is essential that these Resolutions and
"Form Agreement" be approved at this Commission Meeting.
A synopsis of the Year 18 CDBG contractual agreements is attached,
which provides more specific detail on each project/activities that
were approved by the City Commission on 7/8/92 .
A copy of the Form Agreement is also attached.
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YEAR 18 CDBG SYNOPSIS
1. ASPIRA-LEADERSHIP DEVELOPMENT/DROP OUT PREVENTION PROGRAM
($25,000)
Location: City-wide
This project will assist in youth gang intervention,
leadership development, and drop-out prevention, for
approximately 60 to 75 "at risk youth" at Miami Beach High
School and Nautilus Middle School.
2. BOYS & GIRLS CLUB JUVENILE PROGRAM ($35,000)
Location: CD Target Areas
This project supplements other youth programs in the community
by targeting for approximately 400 "at-risk youth" in after-
school and summer recreational programs Fienberg/Fisher,
Biscayne Elementary and Flamingo Park.
3. COMMUNITY COUNCIL FOR JEWISH ELDERLY (CCJE)-SOUTH BEACH
ACTIVITY CENTER ($30,000)
Location: 610 Espanola Way
This project provides support services to approximately 882
homebound elderly who can be maintained in their home. The
support services include homemakers, friendly visitors, day
care and assessment, as well as serving 125 elderly residents
through Adult Day Care. This project keeps the homebound in
their homes and delays or prevents institutionalization.
4. CURE AIDS NOW - MEALS PROGRAM ($50,000)
Location: City-wide, primarily Flamingo CD Area
This project will provide home delivered meals, to
approximately 55 homebound persons in Miami Beach living with
AIDS, @ two meals per client per day, of which one meal per
client per day is CDBG funded.
5. DADE COUNTY COMMUNITY SCHOOLS FEE WAIVER PROGRAM ($17,000)
Location: CD Target Areas
This project supplements eligible community school programs,
which principally benefit low/moderate income persons by
providing approximately 604 job preparatory fee waivers, and
96 child care waivers yearly.
6. JEWISH VOCATIONAL SERVICE - NUTRITIONAL PROJECT ($15,000)
Location: CD Target Areas
This project funds two drivers to deliver approximately 17,710
meals to homebound elderly participants residing in eligible
CD target areas, and one shopper to provide approximately 15
visits per month to homebound frail elderly.
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7 . LITTLE HAVANA ACTIVITY AND NUTRITION CENTERS-HOT MEALS PROGRAM
($201000)
Location: Council Towers - Collins Avenue and 6th Street
This project supplements the provision of approximately 165
hot meals daily to elderly low/mod clients, in a congregate
meal program located at Council Towers, as well as support
services including health, nutritional guidance and supportive
social service.
8. LITTLE HAVANA ACTIVITY AND NUTRITION CENTERS - MIAMI BEACH
RAINBOW DAY CARE ($50,000)
Location: 833 6th Street
This project will provide child day care to a minimum of 51%
low and moderate income Miami Beach clients; further,
approximately twenty-five (2 5) low/moderate income Miami Beach
children will receive fee waivers/scholarships at the Miami
Beach Rainbow Day Care Center located at the South Shore
Community Center, (833 6th Street) . This program utilizes an
intergenerational approach, combining the resources of the
elderly with the provision of child day care.
9. LOG CABIN ENTERPRISES, INC. , PLANT NURSERY ($29,000)
Location: 8128 Collins Avenue
This project provides funding for a nursery business program
at a facility for the developmentally disabled, mentally
handicapped, which creates and/or retains approximately 43
low/moderate income jobs.
10. JEWISH COMMUNITY CENTER - ALEPH CHILD DEVELOPMENT CENTER/
CHILDREN AT RISK ($10,000)
Location: 4221 Pine Tree Drive
This project benefits approximately 6 low/moderate income
families at the Aleph Child Day Care Center operated by the
JCC, at 4221 Pine Tree Drive, via scholarships or partial fee
waivers, thus enabling low/moderate income families to receive
quality, affordable child care.
11. MIAMI BEACH METHODIST CHILD CARE CENTER, INC. - ST. JOHN'S
CHILD CARE CENTER ($10,000)
Location: 4760 Pine Tree Drive
This project provides approximately 9 scholarships per week to
low/moderate income families, enabling them to receive
quality, affordable child care at the facility located at 4760
Pine Tree Drive, Miami Beach.
12. MOSAIC HISTORIC BUILDING RENOVATION ($75,000)
Location: 301 Washington Avenue
This project will entail the renovation of a historic
structure located at 301 Washington Avenue, for subsequent use
as a cultural museum to house the Mosaic Exhibit. CDBG funds
will be used to leverage other grant funds as well as private
sector dollars to accomplish the total renovation of the
building.
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13. NORTH BEACH COMMERCIAL REVITALIZATION AND FACADE RENOVATION
PROGRAM ($165,000)
Location: North Shore CD Areas
This program is designed to provide: staff support to the
North Beach Development Corporation; provide direct grants to
property owners and business people in the designated CD
target areas in order to rehabilitate a minimum of two
commercial buildings (complete interior and exterior
renovations) for a total of approximately 20 storefronts.
14. SOUTH FLORIDA ART CENTER-ECONOMIC DEVELOPMENT PROJECT
($190,000)
Location: Lincoln Road Mall
This project provides affordable studio, teaching, and
showroom space for emerging low to moderate income artists,
and job creation and/or retention for a minimum of fifty (50)
artists of which 51% will be low/moderate income.
15. STANLEY C. MYERS COMMUNITY HEALTH CENTER ($35,000)
Location: 710 Alton Road
This project continues to provide primary health care to low-
moderate income residents through health maintenance,
treatment of illness and providing referrals when necessary.
CDBG funds go toward the purchase of over 282 prescription
drugs per month for approximately 195 low/moderate income
patients using the facility.
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AGREEMENT
This Agreementis entered into this 1st day of October, 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 Cure AIDS Now, Inc. , hereinafter referred to as the "Provider. "
WITNESSETH:
WHEREAS, the
Cityhas entered into an agreement with the U.S.
Department of Mousing
and Urban Development for the purpose of
• and CommunityDevelopment Program with federal
conducting a Housing
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
City WHEREAS, the
has determined through its Year Eighteen
• of Objectives ectives and Projected Use of Funds, which was
Final Statement a
City adopted by
of Miami Beach Resolution Number 92-20535, July 8,
1992 , the necessity for providing meals to Miami Beach residents
who are homebound persons living with AIDS ; 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 Provider agrees to implement the Year 18 Meals Program for
Miami Beach residents who are homebound persons living with
AIDS, in accordance with the projected accomplishments
attached and made a fully binding part of this Agreement, as
Appendix 1 , as follows:
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1. To deliver iver meals to approximately fifty five (55) Miami
Beach residents who are homebound persons living with
AIDS @ two meals per client per day, of which one meal_
per client per day is CDBG funded.
2 . Clients residing in Miami Beach are to be funded by Cure
AIDS Now, Inc. with other funding sources. Miami Beach
CDBG funds are to be used to supplement and not supplant
the meals already provided by Cure AIDS Now, Inc. ,
through other funding sources.
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 equitableartici atio
p p n by
all eligible Miami Beach residents, and delineates steps
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taken to solicit increased participation of minority
rity
groups.
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C. The Provider shall maintain a citizen participation mechanism,
which will include, but not be limited to the following:
1. Logging citizen comments or complaints when received.
2 . Copies of comments and/or complaints received in writing.
3 . Copies of responses to complaints and/or explanations of
resolutions to complaints.
D. The Provider shall comply with the following attachments to
the Office of Management and Budget (OMB) Circular No. A-110,
"Uniform Administrative Requirements for Grants and Agreements
with Institutions of Higher Education, Hospitals and Other
Non-Profit Organizations" , incorporated by reference into this
Agreement.
1. Attachment A, "Cash Depositories" , except for paragraph
4 concerning deposit insurance.
2 . Attachment B, "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 .
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6.
Attachment N, "Monitoring Management Standards" , except
for paragraph 3 concerning the standards for real
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property except and 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
CDBGro ram or shall be retained after compensating the
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recipient.
7 . Attachment O, "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,
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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 ram Income" , gross income directly generated
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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 bythe City in accordance with the projected
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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,
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conduct no religious worship or services, engage in no
religious proselytizing, and exert no other religious
influence in the provision of such public services.
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4 . The portion of a facility used to provide public services
assisted in whole or in part under this Agreement shall
contain no sectarian or religious symbols or decorations.
5 . The funds ds received under this Agreement shall not be used
to construct, rehabilitate, or restore any facility which
is
owned bythe Provider and in which the public services
are to beP rovided. However, minor repairs may be made
P
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 an 1 to real property under the Provider's control which
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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 period of time
specified above, the property must be disposed of in a
manner which results in the City being reimbursed in the
amount of the current fair market value of the property,
less any portion thereof attributable to expenditures on
non-CDBG funds for acquisition 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
part
whole or inunder this Agreement, all notices,
informational pamphlets, press releases, advertisements,
• sponsorship of the project, research
descriptions of the p P
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 l i at ion 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 include special.
requirements such as necessary and appropriate
determinations, income certifications, and 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,
g ,
with the following exception: if any litigation, claim or
8
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.
This7ro ' ect shall become operational as of October 1, 1992 , and
P
shall continue through September 30, 1993 .
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
actual portion to be terminated. However, if, in the case of
9
1 1
1 .
1
al termination, the City determines that the remaining
a partial
accomplish portion of the Agreement will not 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 reement in whole, or in
part, for cause.
1 . Cause shall include, but not be limited to, the
following:
a. Failure to comply and/or perform in accordance with
g
this
Agreement, or any federal statute or
regulation.
b. Submitting reports orts to the City which are late,
P
incorrect or incomplete in any material respect.
c. Implementation of this Agreement, for any reason,
is rendered impossible or infeasible.
d. Failure to respond in writing to any concerns
raised by the City, including substantiating
documents when required/requested by the City.
e. Any evidence of fraud, mismanagement, and/or waste,
as determined by the City's monitoring of the sub-
recipient, and applicable HUD rules and
regulations.
2 . The City shall notify the Provider in writing when the
Provider has been placed in default. Such notification
shall include actions taken by the City, such as
withholding of payments, actions to be taken by the
10
1 1
. I r
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.
11
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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 onlybe valid when they have been reduced to
writing duly and signed by both parties. Any changes which do not
substantially ly g char e 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 Fifty Thousand dollars ($50, 000) from Year Eighteen (18)
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 beaid in accordance with ith the
projected accomplishments and budget descriptions attached
p hereto
and made a part hereof as Appendix 1.
12
• I
A. The Provider shall submit monthly requests for payment for
actual and/or anticipated expenditures, including applicable
back-up documentation, no later than the tenth (10th) day of
the succeeding month and the City will provide payment, upon
approval , within ten (10) working days after receipt of the
same, if submitted by the deadline date for inclusion on the
drawdown request.
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 ten percent (10%) of each line item, and must have
prior written approval of the City.
SECTION VII: CONFLICT OF INTEREST
The Provider covenants that no person, under its employ who
presentlyexercises 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.
13
1 1 )
f f
•
SECTION VIII: INDEMNIFICATION AND INSURANCE
g
The Provider,
through an insurance carrier, shall indemnify and
hold harmless the Cityfrom any and all claims, liability, losses
and causes of actionmay which arise out of an act, omission,
Y
• misconduct on the part of the Provider or any of its
negligence or
agents, servants, employees,Y
to ees, contractors, patrons, guests, clients,
licenses
or invitees or of any other person entering upon the
Provider's place lace of business. The Provider, through its insurance
carrier, shallP ay all claims and losses of any nature whatsoever
in connection therewith and shall defend all suits in the name of
the City, applicable,a licable, andshall 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 (the policy must
include coverage for contractual liability to cover the above
indemnification) ; and the City of Miami Beach shall be named as an
additional insured followed by the statement: "This coverage is
primaryto 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.
14
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
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.
2 . The Financial Status Report, which shall include the
request for payment and documentation, as applicable.
3 . The Client Profile Report.
15
f
B. Final Evaluation. Within twenty (20) days of contract
completion,
a final report documenting how the Statutory
National Objective ective and the eligibility requirements were met,
must be
submitted bythe Provider to the City's Community
Development Division for review and approval. The contents of
same shall
include a cumulative total of the data submitted
p
program's during the ram
ro 's o eration. 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 ofro ram changes, need for additional information or
p g
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 or the
Federal Government to review, inspect or audit all records,
documentation, and any other data relating to all matters covered
by the Agreement.
16
l 1
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-outprior rior 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
may regulations
as theyapply to program administration.
Y
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
p Y
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
17
. r
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.
XIII: LIMITATION OF LIABILITY
Cityinto this Agreement only if in so doing
The desires to enter g
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 suchbreach never
,
$
exceeds the sum of $50, 000. Provider hereby expresses its
willingness to enter into this Agreement with Provider's recovery
from theCity an
for damage action for breach of contract to be
Y
limited
to a maximum amount of $50, 000, less the amount of all
funds actually paidby
the City to Provider pursuant to this
agreement.
Accordingly, Provider hereby agrees that the City shall not be
g
liable to Provider for damages in an amount in excess of $50, 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
18
•
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 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 C TY OF MI I BEACH, FLORIDA
0N", ^tea
CITY CLERK I MAYOR...
FORM APPROVED
L L DEPT.
WITNESSES: 6y
Date (c577Z
CURE AID: NO ' INC.
Dominick M garelli
Executive Director
AUTH• 'I ZED SIGNATOR
1"1111./ - / •�' T. K. Cunningham - Chairman
Donald J. S derson, NAME & TITLE OF
Business M nag er. AUTHORIZED SIGNATOR
CUPE-AID.NOW
19
r • F
APPENDIX 1
BUDGET SUMMARY
BUDGET ITEMIZATION
IMPLEMENTATION SCHEDULE
I4 1992
' Year_92-93 Dete Submitted _Aur2ust � _
BUDGET SUMMARY SIIEET
. .
Cure AIDS Now, Inc. Funding
Protect Operator
-� SOUrCeS Total Funds
r C BreakdownCD Funds Other Funds r Funci�ng
' -
Salaries1 & Benefits $142,500.
$29,281. Metropolitan Dade CountyCity of Miami (CDBG)
.1 462,903.
612. Ryan White Supplemental $
�� : � lri��! $28,
• (Requests.)
2 . � � ,�;`� , �`, � Pt;�, $262,510. Public Health Trust
salaries & Benefits
"Space Rental3 $25,400.
Public Health Trust (Requests.)$25,400.
$3 900, Ryan White Supplemental
4 quipmen ease $12,073.
$5, 173. Donations
or Purchase
$3,000. Public Health Trust (Requests.)
!;
V i Public Health Trust (Request=•)
'Trae $1,200. $1,200.
W er • eratin $32,460. Metropolitan Dade County
6 operating
Expenses $33,050.050. Public Health Trust (Requeste.)
$14,868.
Ryan White Supplemental $80,378.
7a ems $50,000. City of Miami Beach CDBG - Aw:rded
$135,440. Metropolitan Dade County
Meals Purchases8 •
$56,076. Ryan White Supplemental 9
• ueste�) $4-5,544.
At- • •• Public Health Trust (Req
$25 ,028.
iea1c Purchases
Bear Property
9 , . oquisition
:::::.:::::„........:„..:::::::::::::::::::::,.....„. -,;•::•::::::::.::::::•::::;:::;.•:::::::::.::::::: ::::::::::::::::::.?.........::iiii.......ii.::::: ::::-...:::::::::::.:.::::::::::::::::::::::::::::::::::::::::::::::::::.::::::::::.:::::::::::::::-..:•:::::::::::::::::-.....-::::::::.......::::::::::::::::::::.:•:::.::::::,.......::::::::::...........„..... -:::.:::,::::::::::.,::.:::.,:::::::::::::::::::::::::::::::.::::::::::::::::::::::::::::::,..........„.......:::::,........::::::,:„.....„r
....0..:•":::::::.::::::::::::':::0:.:i*:-::. Total
5
0
0
0
0
FundsD' ..
ti
'1,027,498.
27
4
y
8
•
1:::::::::::::::::::: :::::::::.?:::::::::::i.::::::,::.: Other Funds..
-..::::::-...--......: :-..*-........-:-.......,.....m.::::::::::::...*::::::::-.,.:F.......?„, ---.......-:-...:...-....-.:..-...,:::*...:::::::::::*.....-..,... ..:-.::::::::::,::::::::::::::::::::x......-.......-.::::::::::::::::..........,.......-.........,.-...,.....,.,...,.. ......,..-„,.......„...... ..-...,.........-...,...:::::-..:-.......-:..........-...,.-,......„... ........,...........................-,.................„.,:::,
.::::::::::::::::<:::::::::::::::::.:::::::::::::•::::•'::':::::::::::::::::::::::--: .:::.**ii.::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::ii..-:•:::*::::::::Ni:::-::::::: i.: :
4.0....i.ifii.,i;... ..c..:::..... .. ... .................................. .. _.:-.:.:-...—.....,:::::::"::::::-:".:.:.:....„.....„..............„........::::::::.:::-... 1::'--......-''''''''''''' ''"""""--" --s/-------------------------- 1
077
498.
BUDGET ITEMIZATION SHEET
irOjed Operator Cure AIDS Now, Inc. Funding Year 92-93 Date Submitted 14 August 1992
: .74Prirr a • !Ey
lumber Category Breakdown CO Funds Other Funds
7 Meals Purchases $50,000.00 $50,375.00
•
T
•
Total Amount: $50,000.00 $50,375.00
Pageof
.61..111111~111011100.11.11.11=1
E
Program I ap 1 ementat i on Schedu 1 e
1992/1993 . .
Project t Name: Mea 1 1 s for Ptd's Organization: Cure RIDS Now, Inc.
Oct 92 92 92 January 93 February 93 March
93 i1 93 93 June 93 July 93 August 93 September 93 Totals
Implementation Steps
Florae de l i vered Meals X X
X X X X X X X X X X
Served Per Month (Projected) 55 55 55 55 55
55 55 55 5555 55 55 50ClientsServed
3 300 3 410 3,300 3,410 3,410 3,3x0 40,150
Meals Per Month (2 Per Clay) 3,410 3,300 3,410 3,410 3,080 3,410 , $100,375.00Cowl8 x.00 $7700.00 $8,525.00 58,250.00 $8,525.00 $8,250.00 $8,525.00 $8,525.E $8,250.00
Cost Per Month ($2.50 Per Meal) $8,525.00 �,250.00 $8,525.00 '
i Beach C� Bi 11 i $4,262.50 $4,125.00 $4,262.50 $4,262.50 $3,850.Oa $4,262.50
$4,125.00 $4,262.50 $4,125.00 $4,262.50 $�4,262.50 $4,125.00 $50,187.50
Mia. n'9
APPENDIX 2
ACKNOWLEDGEMENT OF ECONOMIC
DEVELOPMENT ACTIVITIES
• r
ACKNOWLEDGEMENT OF ECONOMIC
DEVELOPMENT ACTIVITIES
If the Provider will be using Community Development Block Grant
(CDBG) funds for an Economic Development Activity, the following
federal requirements must be acknowledged:
LOW/MODERATE INCOME JOBS
Criteria:
A low/moderate job activity is one which creates or retains
permanent jobs, at least 51% of which are taken by low/moderate
income persons or considered to be available to low/moderate income
persons.
In counting jobs created or jobs retained, the following policies
apply:
Part-time jobs must be converted to full-time equivalents.
Only permanent jobs count.
Temporary jobs may not be included.
Regardless of the sources of funding, all permanent jobs
created by the activity must be counted.
Trickle-down jobs (jobs indirectly created by the assisted
activity) may not be counted.
For jobs retained, the following additional criteria apply:
There is clear and objective evidence that permanent jobs will
be lost without CDBG assistance. Such evidence includes: a
notice by the business to affected employees, a public
announcement by the business, or relevant financial records.
Retained jobs are considered to involve the employment of
low/moderate income persons if 51% of such jobs are known to
be held by low/moderate income persons when CDBG assistance is
provided.
Jobs are considered to be available to low/moderate income persons
when both the following conditions are fulfilled:
Special skills that can only be acquired with one or more
years of training or work experience, or educations beyond
high school, are not a pre-requisite to fill such jobs, or
S 7
else the business nevertheless agrees to hire unqualified
persons and train them; and
The Provider ensures that the assisted business adheres to the
of "first consideration" by: using a hiring
practice that in all likelihood principles will result in over 51% of
those hired being low/moderate income persons; seriously
considering a sufficient number of low/moderate income job
applicants to meet this intent; determining that the distance
from the job applicant's residence is close to the job site or
that transportation is available to the job site.
RECORDS TO BE MAINTAINED
Where the low/moderate income benefit is based on job creation, the
Provider's files must include the documentation described in either
(A) or (B) below:
(A) For activities where at least 51% of the jobs will be
available to low/moderate income persons, documentation for
each assisted business must include:
(1) A copy of a written agreement containing:
(a) A commitment by the business that it will make at
least 51% of the jobs available to low/moderate
income persons and will provide training for any of
those jobs requiring special skills or education;
and,
(b) A listing by job title of the permanent jobs to be
created, indicating which jobs will be available to
low/moderate income persons, which jobs require
special skills or education, and which jobs are
part-time; and,
(c) A description of actions to be taken by the
Provider and business to ensure that low/moderate
income persons receive "first consideration" for
these jobs; and,
(d) A listing, by job title, of permanent jobs filled,
and which jobs were available to low/moderate
income persons, as well as a description of how
"first consideration" was given to such persons for
those jobs. The description must include what type
of hiring process was used; which low/moderate
income persons were interviewed for a particular
job and which interviewees were hired.
(B) For activities where at least 51% of the jobs will be taken by
low/moderate income persons, documentation for each assisted
business must include:
(1) A copy of a written agreement containing:
2
(a) A commitment by the business that at least 51% of
the jobs, on a full-time equivalent basis, willbe
taken by low/moderate income persons and a listing
by job title of the permanent jobs created; and,
(b) A listing, by job title, of the permanent jobs
filled and which jobs were initially held by
low/moderate income persons; and,
(c) Information on the size and annual income of the
person's immediate family prior to the low/moderate
income person being hired for the job.
(2) Where low/moderate income benefit is based on job
retention, the files must include the following
documentation;
(a) Evidence that jobs would be lost without CDBG
assistance.
(b) A listing, by job title, of permanent jobs
retained, indicating which of those jobs are part-
time and (if known) which are held by low/moderate
income persons at the time the assistance is
provided.
(c) Identification of any retainbed jobs not already
held by low/moderate income personw wchih are
projected to become available to low/moderate
income persons through job turnover within two
years of the time CDBG assistance is provided.
(Job turnover projections should also be included
in the record. )
(d) Information on the size and annual income of the
low/moderate income persons' immediate family for
each retained job claimed to be held by a
low/moderate income person. Acceptable
documentation on job applicant/employee family
income includes any one of the following:
(i) Notice that job applicant/employee is a
referral from state, county or local
employment agency or other entity that agrees
to refer individuals determined to be
low/moderate income according to HUD criteria.
(These entities must maintain documentation
for city of federal inspection. )
(ii) Written certification, signed by the job
applicant/employee, of family income and size
to establish low/moderate income status by
showing: the actual income of the family, or a
statement that the family income is below CDBG
low/moderate income requirements. (These
certifications must include a statement that
they are subject to verification by the local
or federal government. )
3
•
(iii) Evidence that job applicant/employee qualifies
for assistance under another program with
income qualification criteria at least as
restrictive as those used by the CDBG program,
such as referrals from the Job Training
Partnership Act (JTPA) Program, except for
referrals under the JTPA Title III Program for
dislocated workers.
ADDITIONAL CONSIDERATIONS
The Provider must prepare a "necessary or appropriate" determina-
tion whenever CDBG assistance is provided for a private, for-profit
entity carrying out economic development activities. This
determination is to ensure that the amount of the financial
assistance is not excessive in light of the actual needs of the
business and the expected public benefit. Examples of CDBG
assistance are grants, loans, loan guarantees, interest
supplements, technical assistance or another form except for those
described as ineligible in CDBG Regulations at 570. 207 . If no CDBG
assistance of a financial nature is being provided for a private,
for-profit entity, then the "necessary or appropriate;
determination would need to address the public benefits to be
derived from assisting each business but would not require a
financial analysis of the business' need for the grant or loan.
I HEREBY ACKNOWLEDGE THAT I HAVE READ THE SPECIFIC REQUIREMENTS FOR
ECONOMIC ACTIVITIES CONTAINED IN THIS DOCUMENT, AND THAT
ELIGIBILITY OF MY ORGANIZATION'S PROJECT DEPENDS UPON COMPLIANCE
WITH THEIR REQUIREMENTS CONTAINED IN THIS DOCUMENT.
4:4;: de aK-Af
SIGNATURE
Or
NAME/TITLE OF SIGNATOR
NAME OF ORGANIZATION
DATE
4
1 i ,a t � i
•
APPENDIX 3
NARRATIVE REPORT
FINANCIAL STATUS REPORT
CLIENT PROFILE REPORT
CITY OF MIAMI BEACH
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
NARRATIVE REPORT
CDBG YEAR 18 FY 1992/93
Project Category: PUBLIC SERVICES
Project Provider: CURE AIDS NOW, INC.
Project Number: 130.5476
Services Funded: SUPPLEMENTAL MEALS PROGRAM
Reporting Month/Year: / Date Submitted: / /9_
Signature & Title:
Describe activities completed and/or services provided during reporting period.
Detail those accomplishments cited above conducted during the reporting period.
Provide units of measure to quantify your accomplishments described.
State problems encountered during the reporting period which impacted your
organization's ability to either provide services or complete projects.
List special recognition received during the reporting period.
-um.!iiieDBa
............. ................ ..............
::fie .�.
!!:'::!!!!!!!:Pr.:.:.:.:.,.:...:.:.:„.:.I.:....::9.:.:....W...:...::.:..:...:4::.:...:3...:.:.:.:!!!!!!!.".!!!!".!E".:".!EE!E!,„E!!!!!!E!!!osoi,olii,ir4:1P).:.:: ::' a ....
Project Category: PUBLIC SER VICES Reporting Month/Year:
Project Provider: CURE AIDS NOW, INC. Signature& Title:
Activities, Programs or Services Funded: SUPPLEMENTAL MEALS PROGRAM 1 Date Submitted:
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Col. 1 Quantify total number of activities, programs, or services provided during reporting period, e.g. 266 meals; 106 medications; 40 shopping visits, etc.
Col. 2 Place total clients assisted during reporting period through the activities, programs, or services shown in Col. 1. .
Col. 3 Place a 'X"mark in appropriate category.
Col. 4-7 Describe the characteristics of the persons you assisted in Col. 2. Remember, if you assisted 29 persons during the reporting period, then you must breakdown the 29 amongst the categories entitled
"Income, Sex, Ethnicity, and Age.* Each column must balance to the number ofpersons assisted in Col. 2.
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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
a 1 R
CITY OF MIAMI BEACH
LOW AND MODERATE HOUSEHOLD INCOME LIMITS
(EFFECTIVE: 5/21/92)
A low income
or a moderate income household is defined as: a
income equal to, or less than, the limits cited
household having an q
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
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: Department De artment of Housing & Urban Development
"Section 8 Housing Assistance Payments Program"
HUD Circular Letter 92-28
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)
• e
•
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 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.
V
(2) The contract will,
in all solicitations or
advertisements for employees placed laced 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
: a : A, 4
part or in
and the contractor may be declared
ineligible ible 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 September 24 , 1965, or by rule,
regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
(7)
The contractor will include the portion of the sentence
immediately preceding receding paragraph (1) , and the provisions
ofara ra hs (1) through (7) in every subcontract or
p g p
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
3
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4
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.
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
KLSULU'11UN NU. 92-2U623
Authorizing and directing the execution
of an agreement between the City of Miami
Beach and Cure Aids Now, Inc. , with a
funding amount of fifty thousand dollars
($50,000) , for provision of a supplemental
meals program for homebound persons in
Miami Beach living with Aids.
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