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RESOLUTION 93-20762 t A RESOLUTION NUMBER 93-20762 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE MIAMI BEACH DEVELOPMENT CORPORATION, (MBDC) , WITH A FUNDING AMOUNT OF TWENTY FIVE THOUSAND DOLLARS ($25,000) , FOR PROVISION OF ADDITIONAL PHYSICAL PUBLIC IMPROVEMENTS ON LINCOLN ROAD. 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 amended the Year 17 and Year 18 Final Statements of Objectives and Projected Use of Funds submitted to the U.S. Department of Housing and Urban Development which identified the distribution of $239 , 569 in supplemental CDBG funds; 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 Development Corporation, (MBDC) , hereinafter referred to as the "Provider" , for provision of additional funding for additional physical public improvements on Lincoln Road; and WHEREAS, pursuant to such Agreement, the Provider will receive a total amount of Twenty Five Thousand dollars ($25, 000) from Year 17/18 Supplemental CDBG funds, to be used for the above stated purposes; 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. 93-20741 adopted July 8 , 1992 , approved the CDBG Year 18 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. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND 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 the Miami Beach Development Corporation, (MBDC) , with a funding amount of Twenty Five Thousand Dollars ($25, 000) for provision of additional physical public improvements on Lincoln Road. PASSED AND ADOPTED THIS 8th DAY OF April , 1993. (4, A OR ATTEST: 1EL„ CITY CLERK r// oleo 'Id34 ivni G]AOèJddV 1AIe1© 4 4 CITY OF MIAMI BEACH fr1:;1 CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7752 COMMISSION MEMORANDUM NO. 18013 TO: Mayor Seymour Gelber and DATE: Apri 1 8 , 1993 Members of the City Commission FROM: Roger M. -ri .14! 011 City Manager V SUBJECT: ADOPTION OF EIGHT (8) RESOLUTIONS AUTHORIZING THE EXECUTION OF THE AGREEMENTS NECESSARY TO IMPLEMENT THE YEAR 17/18 SUPPLEMENTAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ACTIVITIES ADMINISTRATION RECOMMENDATION: To adopt the following Resolutions authorizing the execution of the CDBG sub-recipient Agreements necessary to implement the Year 17/18 Supplemental CDBG activities which were approved on March 17, 1993, via Resolution #93-20741. A copy of the form Agreement which will be utilized is attached. 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 THE BOYS AND GIRLS CLUBS OF MIAMI, INC. , WITH A FUNDING AMOUNT OF TWELVE THOUSAND FIVE HUNDRED DOLLARS ($12,5 0 0) , FOR PROVISION OF A JUVENILE PROGRAM AT SOUTH POINTE ELEMENTARY SCHOOL 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 LESBIAN, GAY AND BISEXUAL COMMUNITY CENTER, INC. , WITH A FUNDING RECOMMENDATION OF FORTY THREE THOUSAND TWO HUNDRED DOLLARS ($43,200) , FOR THE ACQUISITION OF A COMMERCIALLY ZONED PROPERTY FOR USE AS OFFICES AND RELATED FACILITIES THAT WILL PROVIDE COMMUNITY SERVICES FOR MIAMI BEACH RESIDENTS. 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 LITTLE HAVANA ACTIVITIES AND NUTRITION CENTERS, INC. , WITH A FUNDING AMOUNT OF TWENTY THOUSAND DOLLARS ($20,000) , FOR THE RENOVATION OF THE PLAYGROUND AREA OF THE MIAMI BEACH RAINBOW CHILD DAY CARE PROGRAM FOR MIAMI BEACH RESIDENTS. 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE MIAMI BEACH DEVELOPMENT CORPORATION, (MBDC) , WITH A FUNDING AMOUNT OF TWENTY FIVE THOUSAND DOLLARS ($25,000) , FOR PROVISION OF , ADDITIONAL PHYSICAL PUBLIC IMPROVEMENTS ON LINCOLN ROAD. AGENDA ITEM DATE 4-2 Xi 3 COMMISSION MEMO APRIL 8, 1993 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 MIAMI BEACH METHODIST CHILD CARE CENTER, INC. , WITH A FUNDING AMOUNT OF EIGHT THOUSAND TWO HUNDRED NINETY DOLLARS ($8,290) , FOR THE PURCHASE OF PLAYGROUND EQUIPMENT AND RENOVATION OF THE ST. JOHN'S CHILD CARE CENTER. 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 MOUNT SINAI MEDICAL CENTER, WITH A FUNDING RECOMMENDATION OF FIFTEEN THOUSAND DOLLARS ($15,000) , FOR PROVISION OF ENSURING A SMOOTH TRANSITION FROM THE HOSPITAL SETTING TO THE HOME SETTING WITH ACCOMPANYING COMMUNITY SUPPORT FOR LOW/MODERATE INCOME MIAMI BEACH RESIDENTS THROUGH THE ',PROJECT SINAI', AND ',COMMUNITY OUTREACH,' PROGRAMS. 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 THE NORTH BEACH DEVELOPMENT CORPORATION OF MIAMI BEACH, INC. , WITH A FUNDING AMOUNT OF SEVENTY SEVEN THOUSAND FIVE HUNDRED SEVENTY NINE DOLLARS ($77,579) , FOR PROVISION OF A STREET TREE PROGRAM AND A FACADE ENHANCEMENT PROGRAM IN THE NORTH BEACH AREA. 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 STANLEY C. MYERS COMMUNITY HEALTH CENTER, INC. , A NON-PROFIT FLORIDA CORPORATION, WITH A FUNDING AMOUNT OF TWENTY FIVE THOUSAND DOLLARS ($25,000) , FOR THE EXPANSION/RENOVATION OF THE STANLEY C. MYERS COMMUNITY HEALTH CENTER FOR MIAMI BEACH RESIDENTS. BACKGROUND: On March 17, 1993, the City Commission adopted Resolution 93-20741 which approved the Year 17/18 Supplemental Community Development Activities for the period of April 1, 1993, through September 30, 1993 . Subsequent to City Commission approval on 3/17/93, the necessary amendments to the Year 17 and Year 18 Final Statements was submitted to 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 March 17, 1993. ANALYSIS: In September 1992 ($175, 153) and in October 1993 ($64,416) , the City received Supplemental CDBG funds in the amount of $239, 569 (unanticipated program income) , as a result of the refund of subsidy monies previously awarded through the CDBG Multi-Family Rehabilitation Program. 20 r .) COMMISSION MEMO APRIL 8, 1993 PAGE 3 For budgeting purposes, the total income received from CDBG Years 17 and 18 @ $239,569 is available for Year 18 activities. Due to the unusual nature and timing of the receipt of these supplemental funds, the contract period for the activities approved in this supplemental budget will be for the six month period from April 1, 1993 through September 30, 1993. On March 17, 1993, the City Commission approved the joint recommendation for funding and adopted the budget for these supplemental funds. CONCLUSION: Therefore, at this time eight (8) CDBG contractual agreements are recommended for approval. A copy of the form Agreement which will be utilized is attached. Funds are available in Fund 137 or 130, Years 17 or Year 18 CDBG Programs. It is essential that these Resolutions/Agreements be approved at this Commission Meeting. A synopsis of the Year 17/18 Supplemental CDBG contractual agreements is attached, which provides more specific detail on each project/activity that was approved by the City Commission on March 17, 1993 . YEAR 18 CDBG SYNOPSIS 1. BOYS & GIRLS CLUB JUVENILE PROGRAM 012,500) Location: South Pointe Elementary This project supplements other youth programs in the community by targeting"at-risk youth" through after-school and special tutorial programs, and a recreational program. The CDBG funds will be used to expand the existing program at South Pointe Elementary School by providing,at no charge,a summer recreational program to,an additional 100 to 150 students. 2. LESBIAN, GAY & BISEXUAL COMMUNITY CENTER ($43,200) Location: Site to be determined - Southern CD Target area. This project provides the seed money necessary to secure a property for use as a community center which will provide space for meetings, recreational activities, and social services for the lesbian, gay and bisexual community as a whole. A myriad of services including but not limited to: youth counseling, suicide prevention, legal services, AIDS/HIV transmission prevention, etc., will be provided. CDBG funds will be used to secure a long-term lease in accordance with HUD requirements. (Also see Public Services category.) Another function of the Center will be to offer social and recreational activities to the South Beach area. 3. LITTLE HAVANA ACTIVITY AND NUTRMON CENTERS - MIAMI BEACH RAINBOW DAY CARE ($20,000) Location: 833 6th Street This project benefits approximately 60 low/moderate income families at the Miami Beach Rainbow Day Care Center. The program provides affordable child day care utilizing an intergenerational approach, combining the resources of the elderly with the provision of child day care. The CDBG funds will be used for renovation of the playground area, including the purchase of playground equipment,to supplement the existing program. 4. MIAMI BEACH DEVELOPMENT CORPORATION - LINCOLN ROAD IMPROVEMENTS ($25,000) Location: Lincoln Road This project will provide additional funding towards Phase I of a physical public improvement program for Lincoln Road which includes design and implementation. Current allocation for Phase I Capital Improvements @ $40,840 in Year 16 and 18 CDBG funds. 5. MIAMI BEACH METHODIST CHILD CARE CENTER,INC.-ST.JOHN'S CHILD CARE CENTER ($8,290) Location: 4760 Pine Tree Drive This project provides affordable child day care to low/moderate income families, at the facility located at 4760 Pine Tree Drive, Miami Beach. The CDBG funds will be used for playground equipment and interior renovations to supplement their existing program. rke f a s a 6. MOUNT SINAI OUTREACH PROGRAM/PROJECT SINAI ($15,000) Location: 4300 Alton Road This project will provide outpatient social, emotional and physical care to 350 low/moderate income residents who normally "fall through the cracks" once discharged from the hospital,or who are ambulatory patients. Services include home visits to evaluate the patient's home situation to determine what support systems are needed, in addition to providing referral services. 7. NBDC-CMC STREET TREE PROGRAM - SCOPE A ($25,000) Location: Normandy Isle CD Area This project will entail the planting of 75 to 100 trees in the North Shore CD areas. This project, in conjunction with all other activities in the North Shore area, both current and proposed, is intended to address the revitalization of the area. NBDC NORTH BEACH FACADE ENHANCEMENT PROGRAM - SCOPE B ($42,579) Location: North Shore CD Areas This program is designed to encourage private investment by providing direct grants to property owners and business people in the designated North Beach CD target areas in order to rehabilitate a demonstration block/building(s). This will supplement the current NBDC Facade Renovation program, by targeting the improvements to a demonstration block/building(s). Eligible facade improvements include exterior renovations such as new signage, paint, awning and storefronts, thereby resulting in a unified appearance of the building(s). 8. STANLEY C. MYERS COMMUNITY HEALTH CENTER ($25,000) Location: 710 Alton Road This project continues to provide primary health care to low-moderate income people through health maintenance, treatment of illness and providing referrals when necessary. CD funds will leverage other grant funds @ $1.3 million and will go towards the architectural/engineering fee of the expansion/renovation for the Center. 2 ''3 i1 AGREEMENT This Agreement is entered into this 1st day of April, 1993 , 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 Development Corporation, hereinafter referred to as the "Provider. " WITNESSETH: WHEREAS, the City has entered into an agreement with the U.S. Department of Housing and Urban Development for the purpose of conducting a Housing and Community Development Program with federal financial assistance under Title I of the Housing and Community Development Act of 1974 , as amended, hereinafter called "Act" ; and the Cranston-Gonzalez National Affordable Housing Act of 1990 ; and WHEREAS, the City has determined through its Amended Year 17 and 18 Final Statements of Objectives and Projected Use of Funds, which were adopted by City of Miami Beach Resolution Number 93- 20741, March 17, 1993 , the necessity for providing additional physical public improvements on Lincoln Road under the Commercial Revitalization Program in Miami Beach; 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 additional public improvements on Lincoln Road as part of Phase I of an overall program in accordance with the projected accomplishments and budgets attached and made a fully binding part of this Agreement, as Appendix 1. A. COMMERCIAL REVITALIZATION PROGRAM: LINCOLN ROAD COMMUNITY ECONOMIC DEVELOPMENT PROGRAM - 24 CFR 570. 201 (c) The Provider shall undertake the design and implementation of additional physical public improvements under the existing program for Lincoln Road. 1. A Capital Improvement activity to be completed by September 30, 1993 , which includes: Phase I of an overall program, reconstruction, a signage/lighting and identification program to improve the safety, visibility and accessibility of merchants, as approved by the Lincoln Road Coordinating Council . 2 . Identify contractors, obtain work estimates, and monitor construction progress. B. MBDC will coordinate this effort with participation and input from representatives of: the Lincoln Road Task Force, the City's Development, Design and Historic Preservation Services Department, and others as deemed appropriate by the City. 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. 2 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 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. 3 ., r / r j 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 . 6. Attachment N, "Monitoring Management Standards" , except for paragraph 3 concerning the standards for real property and except that paragraphs 6 and 7 are modified so that in all cases in which personal property is sold, the proceeds shall be "program income" and that personal property not needed by the sub-recipient for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient. 7 . Attachment 0, "Procurement Standards" . E. 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. 4 f r r 1 . 1 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 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. 5 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. 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 6 1 1 a 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 period of time specified above, the property must be disposed of in a manner which results in the City being reimbursed in the amount of the current fair market value of the property, less any portion thereof attributable to expenditures on non-CDBG funds for acquisition o f, or improvement to, the property. Such reimbursement is required. N. The Provider agrees that when sponsoring a project financed in whole or in part under this Agreement, all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorship of the project, research reports, and similar public notices prepared and released by the Provider shall include the statement: "FUNDED BY THE CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM" In written materials, the words "CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ADMINISTERED BY THE DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT" shall appear in the same size letters or type as the name of the Provider. 7 0. The Provider shall ensure the following when entering into a sub-contract agreement: 1. The full correct legal name of the party shall be identified. 2 . The "Scope of Services" shall describe the activities to be performed. 3 . The amount of the sub-contract agreement, price components, method of payment, and funding sources shall be detailed. 4 . A provision requiring compliance with all regulatory requirements of this Agreement shall be incorporated. 5. Written approval from the City shall be received prior to any expenditures being incurred under the sub-contract agreement. Failure to obtain prior approval will release the City of any obligation to reimburse the Provider for any costs incurred. P. The Provider shall maintain sufficient records in accordance with 24 CFR 570. 502 and 570. 506 to determine compliance with the requirements of this Agreement, the Community Development Block Grant Program and all applicable laws and regulations. This documentation shall include, but not be limited to, the following: 1. Books, records and documents in accordance with generally accepted accounting principles, procedures and practices which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by 8 C , ' I , 1 1 this Agreement, including matching funds and program income. 2 . A system of allocation that will assure reliable cost measurements and reasonable and customary service delivery costs for each program. 3 . 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. 4 . 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, 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. 9 i 0 i This project shall become operational as of April 1, 1993 , and 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 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 be limited to, the following: a. Failure to comply and/or perform in accordance with this Agreement, or any federal statute or regulation. 10 , b. Submitting reports to the City which are late, incorrect or incomplete in any material respect. c. Implementation of this Agreement, for any reason, is rendered impossible or infeasible. d. Failure to respond in writing to any concerns raised by the City, including substantiating documents when required/requested by the City. e. Any evidence of fraud, mismanagement, and/or waste, as determined by the City's monitoring of the sub- recipient, and applicable HUD rules and regulations. 2 . The City shall notify the Provider in writing when the Provider has been placed in default. Such notification shall include actions taken by the City, such as withholding of payments, actions to be taken by the Provider as a condition precedent to clearing the deficiency and a reasonable date for compliance, which shall be no more than fifteen (15) days from notification date. 3 . The City shall notify the Provider in writing when sufficient cause is found for termination of this Agreement. The Provider shall be given no more than fifteen (15) days in which to reply in writing, appealing the termination prior to final action being taken by the City. D. Let it be further understood that upon curtailment of, or regulatory constraints placed on, the funds by the U.S . Department of Housing and Urban Development, this Agreement 11 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. 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. 12 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 the Year 17/18 Supplemental CDBG funds. Such funds must be expended during the term of the Agreement for additional physical public improvements on Lincoln Road, 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 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. D. 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. 13 .c 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. SECTION VIII: INDEMNIFICATION AND INSURANCE 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 an act, omission, negligence or misconduct on the part of the Provider or any of its agents, servants, employees, contractors, patrons, guests, clients, licenses or interests or of any other person entering upon the Provider's place of business. The Provider, through its insurance carrier, shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the City, when applicable, and shall pay all costs and judgments which may issue thereon. The Provider, through an insurance carrier, shall provide a General Liability Policy with coverage for Bodily Injury and Property Damage, in the amount of $500, 000 single limit (the policy must 14 i .t 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 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 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 15 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, including Program Income, for each separate component under Scope A and B, which shall include the request for payment and documentation, as applicable. 3 . The Client Profile Report. 4 . Time sheets for split-funded employees, in accordance with Section II, Paragraph P. 2 of this Agreement. B. Final Evaluation. Within twenty (20) days of contract completion, a final report documenting how the Statutory National Objective and the eligibility requirements were met, must be submitted by the Provider to the City's Community Development Division for review and approval. The contents of same shall include a cumulative total of the data submitted during the program's operation. Further, such report shall include statistical findings which depict program efficiency; i.e. , the number of dollars spent, including non-CDBG funding sources, to render actual service to program recipients, and an overall evaluation of the program's effectiveness, and quantitative results. The final report will be evaluated and 16 y t 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 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. 17 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. 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 18 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 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 19 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 CII‘Y OF MIAMI :EACH, FLORIDA // 41If CITY CLERK MAYOR WITNESSES: MIAMI BEACH DEVELOPMENT CORP. (MBDC) 4114‘..lt)/ A"PI-4114;11AUTHORIZED SIGNATOR PRINT OR TYPE NAME AND TITLE OF AUTHORIZED SIGNATOR MBDC FORMAP' 'OVED LE( PT. By Date `J. 20 1 _, APPENDIX 1 BUDGET SUMMARY BUDGET ITEMIZATION IMPLEMENTATION SCHEDULE ....,JD u_Iii klv., iTs HEE 6 U I VI filLAK Y P " Operator Miami. Beach Development Corporation 19 9 2-9 3 . Funding Year Date Submitted a • . .ry� Number CategoryBreakdown - CD Funds Other Funds Other Funding sources Tota! Funds `Salaries & Benefit 1 S 'Consultants & . . , 2 Contract Services IS-5-a--6-611-6iTar-------b f 3 Equipment Lease . - . 4 or Purchase rave . • 5 `Other Operating 6 Expenses MatëTãls a 7 'Rehabilitation • .. , 25,000 25,000 8 Real Property ' cquisition -�-R�����-� :....:..,,,,,:,:,::::::::::.:.:.::::::::.:.::::::::::,:,,:.:::.:.:,,,,:.:::::::,:,::::::::.:.:::K:.:::::::::::::.::,:,...,,:::::.::: ^,... .:::::::.:.;:::::::.::.:::::::: I▪ �I :.::,:,,,,,:,:.:::i:.i:::::::.:::::::A:::::.::::;u •r.i i IT17TT iT�TT1l�7TTrrT7�TT� �. T . T n :::: :::: ::: :::'::::JiAV:. • Fund-,:_:.:::::::::.:-....:.::::::: :::: ::::..:.::::. s •-...:::::: :::: ::ii::::::::: F:::::::ii::::0: :::::::: :: :::::;:: ::::': .::::::::iii::::::i::::::i::i.iigii::iii:.::::.iii.: 1:::!::.::::::::::i.i.giii.:::::::::::•:::.::::.:*:.:mai;:ii.i::i•ii:: :::::::::::::::.iii.i::!.:iii::ii.g.:t IL.z_.... .;_;,,;,,,.4.,,t.,77.7.7.7=7.7.7.::'...:':'..:.7::::::::::::::.::::::::::::::.:::.::::::::::::::::.::::::::::::::::. ::::5: :::•::::.:::: :.:•:::::. :k::: :::::::.::::::::: :.::: :: ::::: :.::: ::::::::::::::iiiiii:ii!::.:iiiii:ii,:iiii.:::::::iii:::.:iiiiiiNii.:iiiiiiiiiiiii!ii.....1::.iiiigt, :;:., ,w.:25000 ::":::::.::::"...i.::::::::::N:.•i::.::: :::::::.: T0to1 CD ,.:::••••••••••:::••:::::....:::•:::•:i:.ii::::.:•:.::::::.im::.:•.......:::::,....,::::-.-., ,::::::::•:•:::::••••••:::::.:•:::•:•:::•:?::••••:.:.:•::•:::•:•:.:ii.......)....::•::•::.:.i.:iii:i.••:::....:.:::ii4i:••••:•:iiii-Qiiiii......:.:•::H...,:iw*•::•,•,:::::::::::: ?::::::::::::.:i:T.::.:-:::•:•: ::•:::::•::::.:::-..::::?: ::.::.::.::.ii: :......i.i:...........::::.:...................:::.::.... .......::..ii:-.........,...:.:.:::......:,:x.....:::::,:.i.m, :::: ::.:•... .. ....im,...:::::::.in,:.. . • ' • i _0 : .........:..................:.::...i..........:!............::,.:,.:7::.......:::....:...:.....::•:..:::...7.....*7..:....:...:........:......:..7.....,.:•:!„!..:::::...:.:...:....7.:...... .-.... :-...... ...:-..a.:m.:....-.i: : :::...........::.*•:::•::::::::::......*.•::::.::.::.*?:::.::•::••••:::.:iif:::••••••:•:::.:i...:.:::.::.::.::.:.:i:i::::::.▪:....:::::-..*:.*:....::.::.::.:.:::.::....:-..:i*i:•:%:::.::•••••••• -,-...::.•:::•:::::•:•,:::.:: : :.*:••••::•-•.::•::.: ::..,...:.•::.::.::.:: ::*:.*: ::::::::iie.::?•••.::::....::::.:::::: ......,.......:::::.:::,:::::.:::::.:.:,:::,:::........•:::::: -77.7.77.,...:::;:::,-::::.:-..::.:-..:-..:-.....,.:.,....:;...0....:::.::: ::•••••••:•-•.::::: ::::: ::::::.....::::.:..::::.:.::::::.:..:::::.:..::::.:„..::::.:.:::::::.:.:..:::.:.:.:..:::.:.:.:..:::.:.:.:: :::.:.:..:::.:.:::.:::::.....::::.::::.:..::.••••••.• . . . . • ••••••:-.:.:•:::•:::::':::::-::::: : ......:.:.:::::::::::•:::::::.::::•...,::::::.::::::::: .▪......................................••••▪•••••••••••••••▪•▪••••••••••• • • • . •••••• ..........................................▪......----.....- - .... ••• ..... •••••-::•••••••••••••••••::::**):::•::::::::::::"":"• :::• :• :•:::::::.•:....i.... .:-......::::.....:::••••••••••:. .....-:•-.........:.:q y :::-...:•:::::::::•::....::::...........• •:.....:::......-:••••••••••••••••.... , .. erFunds /IlII/I�I I!I1 ......... .. .. ..... .. . ...... . . .. .• ..• •••• .) 25,000 0 .........-..„.......„:„::::::.:.:.:::::::::::::.*::::::::iiiii:iii: 0 ..........:••••••••''''":•:::::: 0 Grand T BUDGET ITEMIZATION SHEET Project Operator Miami Beach Development Corp. Funding Year 1992'93 Date Submitted Category' Category Amount Number Category Breakdown CD Funds - Other Funds 8 Lincoln Road Short Term Improvements 25,000 -0- Total Amount: $ 25,000 -0- Page 1 of 1 PROGRAM IMPLEMENTATION SCHEDULE 1992/93 . PROJECT Public Space Improvement Program p p g NAME: Community Economic Development ORGANIZATION: Miami Beach Development Corporation Implementation Steps ' OCTJJAN NOV DEC B �E , MAR . APR� MAS'J ,SUNj JUL AUG 1 SE d Convene a series of Lincoln Road Task Force meetings and Lincoln Road Community meetings. Develop Scope of Work • , ► Identify contractors and obtain work estimates. I - + ► + - . • . Oversee project implementation ;____ r , , - . , 4- , 1 t , . i 1 R � R APPENDIX 2 ACKNOWLEDGEMENT OF ECONOMIC DEVELOPMENT ACTIVITIES AC,KNOW LEU EN"r OF ECONOMIC , + , pyjWJMENT ACTIVITIES p Provider will be Activity, the following I f the u Economicusing Development Community Development Block Grant (CDBG) funds for an federal requirements must be acknowledged: LOW MODERATE INC JOBS Criteria: h creates re_t_ains - job ac�tivit-y _is one wh_ c low moderate low/mode? at-c' 51% of wh�.c:ll ar_o taken �- anent at least to low)Yoderate income perm jobs, s or considered to be available income por�,on` persons. ted or obs retetie following policies IIl COunt1Ilg joc ' ain apply: art-time jobs must be converted t© full-time equivalents. P Only permanent jobs count. Temporary jobs may not be included. � of funding, a].1 permanent jobs Regardless of the sources created by the activity must be counted. Trickle-down Jobs (Jobs indirectly directl 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 winbe 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 income51% jobs / persons i f of such 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 ith one or more years of training or work experience, or educations beyond high school , are not are-re uis' jobs,p q ate to fxll such or else the business nevertheless agrees to hire unqualified persons and train them; a= • business adheres to the es that the assisted a hiringe The Provider ensures consideration" by: using• "first principles of result in over 51% of pri p • in all likelihood wills� seriously practice that low/moderate income persons; job those Mired being low/m low moderate income • sufficient number of the distance considering a that is intent; determining ite or applicants to meet this e is close to the job s the job appsscant s residenc site. from � is available to the job that trans.portatlol RECORDS TO BE MAINTAINED � on fob creation, the moderate income benefit is based Where the low/ e the documentation described in either provider' s files must include (A) or (1 ) helow: 51% o f the jobs will be For activities where at leastdocumentation for (A) able to low/moderate income persons, avai 1_ __._ each assisted business must include: (1) A copy of a written agreement containing: • business that it will 11 make at (a) A commitment by the ow moderate thejobs / least 51 � o f available to low/moderate . training for any of income persons and will provide those jobs requfri' ng sPecial skills or education; and, title of the permanent jobs to be (b) A listing by fob created, indicating which jobs will be available to Berate income persons,ns, which jobs require special skills or education, and which jobs are part-time; and, of actions to be taken by the (c) A description 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 we].]. 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 C. • that at least 51% of A commitment by the business nt basis, will be (a) on a full-time equivale listing the jobs, ate income persons and a taken by low/moderat e title of the permanent created; and, by job • of the permanent jobs listing, by job title, (b) A were initially held by which jobs filled and low/moderate income persons • and, and annual income of the C) Information on the sizer to the low/moderate ( ' immediate family prix person's income person being hired for the job. benefit is based on job Where low/moderate income following (2) retention, the files must include the documentation; (a) Evidence that jobs would be lost without CDBG assistance. (b) A listing, by job title, of permanent jobs • which of those jobs are part- timeretained, indicating bylow/moderate known) which are held / and (if income persons at the time the assistance is provided. • anyretainbed jobs not already (c) Identification of held by low/moderate income personw wchih are become available projected toto low/moderate income persons through job turnover within two e CDBG assistance is provided. years of the time projections(Job • turnover roections 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 heldby 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 t • em to ee qualifies thatjob applicant� p y with ( iii) Evidence another program for assistance undera at least as qualification am income qua tion criteri used by restrictive as thosethe CDBG program, Job Training such as referrals from except for JTPA) Program, P Partnership Act � referrals under the JTPA Title III Program for dislocated workers. ADDITIONAL CONSIDERATIONS ro nate" determina- tion must prepare a "necessary or a-r-p-- e for-profit The Provider der p p � is provided for a private, ion whenever Ci)I;G assistance This t .lo merit activities.ies. , out economic deve p entity carrying amount of the financial i s to ensure that the 1 needs of the determination ht of the actual is not excessive in light Examples of CDBG assistance public benefit. bus i nese; and the expected P assistance are grants, loans, Joan guarantees, interest • C or another form eXCept for thOSe supplements ,is , t ectlrll c�a] assistancea t 57 0 . 2 07 . I f no CDBG Dp as ineligible ig ib_le i.n CDBG Regulations ons describedbeing provided for a private, afinancial nature is b g assistnce of a f "necessary or appropriate; _ it entity, then the n Y benefits to be for-profit determination would need to address the public a • each business but would notrequire derived from assisting , for the grant or loan. analy 'of the business need financial y THE SPECIFIC REQUIREMENTS FOR I HEREBY ACKNOWLEDGE THAT I HAVE READENT AND THAT CONTAINED ECONOMIC ACTIVITIESIN THIS DOCUMENT, DEPENDS UPON COMPLIANCE ELIGIBILITY OF MY ORGANIZATION'S WITH THEIR REDOCUMENT. CONTAINED IN THIS SIGNATURE NAME/TITLE OF SIGNATOR NAME OF ORGANIZATION DATE 4 APPENDIX 3 NARRATIVE REPORT FINANCIAL STATUS REPORT CLIENT PROFILE RET'OR'T • CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM NARRATIVE REPORT CDBG YEAR FY 199_ Project Category: Project Number: Project Provider: Services Funded: Reporting Month/Year: / Date Submitted: / /9_ Signature & Bile: ._ 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. qp.1.30 illii r.0:*7....-.. .:-..i...41111101•111C itY:il'OtAfi a m i B6iCkiii,CbinriiiiiiityPOOkipiiiej:itB100kGtantPOtiongsgageogigingio FY 199 IZe rtMeils•REFS. :m:,:.:. - . - .::::-..-..::-,::: :: -:..,:,::::::,:,„,:,:„„:„„:,.:.::::,:::::,„:„.::„,:,:,::,:.:...:..:.,..:.:........ _. Project Category: I 1Reporting Monttr/Year: Project Provider: Signature& Tide: Services Funded: Date Submitted: Month to Date Year to Date_; Month ' Year i Adopted , Revised to Date Program-Income/ Program Iacomef to Date Available Revenue(Z) Revenue(2) CMB Budget Account Number/Title: 1 Budget Budget Expenditures (1) Expenditures (I) Funds L_______________--, , i 1 ' 1 \ 1 \ I 1 1 f_______________---------------j 1 \ i , , TOTALS: t (1) The reporting month's (with supporting documentation attached)and year to date expenditures. [Z) Comnlebe only if applicable. 1 A'I'1'ACHMEN'I'S CITY OF MIAMI BEACI l LOW AND MODERATE HOUSEHOLD INCOME LIMITS CI'T'Y OF MIAMI BEACH PERCENTAGE OF LOW MODERATE INCOME PERSONS SECTION 3 CLAUSE EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTS SUBJECT TO EXECUTIVE ORDER 11246 CITY OF MIAMI BEACH_ S LOW AND MODERATE HOUSEHOLD INCOME LIMIT (EFFECTIVE: 5/21/92) household is defined as: ti or a moderatethe limits : a A low income income h equal to, or less than, the same household shall housd ehold having an incomeq ted but are sharing below. Individuals who are unrelated person households. each be considered as one p HOUSEHOLD SIZE MODERATE INCOME* LOW INCOME** 0 21 , 30 13 , 300 1 PERSON NS 24 , 300 15, 200 2 PERSO 3 50 17 , 100 3 PERSONS 27 ' 30 , 400 19 , 000 4 PERSONS PERSONS 32 , 850 20, 500 5 PERSONS 35, 250 22 , 050 6 PE 7 PERSONS 37 , 700 23 , 550 8 PERSONS 40, 150 25, 100 * 80% of Median Income ** 50% of Median Income SOURCE. U.S . Department 'Section 8 g of Housing & Urban Development �' Housing Assistance Payments Program" ,� HUD Circular Letter 92-28 i CI'T'Y OF MIAMI BEACH OF LOW/MODERATE PERCENTAGE INCOME PERSONS BY CENSUS TRACT AND BLOCK GROUP CENSUS BLOCK % LOW/ MOD CENSUS BLOCK % LOW/MOD TRACT GROUP PERSONS GROUP PERSONS TRACT __------ 1 81.70 1 . 09 43 39 . 01 1 5 52 . 18 43 2 79 . 24 2 39 . 01 39 . 01 3 71 .78 43 3 82 . 88 43 4 86. 69 79 . 29 39 . 01 4 39 . 01 5 70 . 68 43 5 70 . 09 43 6 59 . 54 56 . 05 39 . 01 6 39 . 01 7 23 . 09 43 7 58 . 51 44 1 79 . 53 67 . 48 39 . 02 1 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 44 5 85. 89 5 47 . 59 39 . 02 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 SummaryT �6 27pe 3 for State of Florida / /ss a) SECTION 3 CLAU SE A. The work to be performed under this contract is on a t project assisted under a program providing direct om the Department of Federal financial assistance fr Housing and Urban Development and is subject to the uirements of Section on 3 ' of the Housing and Urban q Development pct 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• VE'11 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 bythe 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 hay a collective bargaining agreement or other contract or understanding, if any, a notice advising said the said labor organization of workers' representative • p entat.ive of his commitments under this Section 3 Clause and shall post copies of the notice in conspicuous • p cuous 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 ursuant 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 d e that the latter has been found in regulations under 24 CFR 135. 20, and will violation of g not let naysubcontract unless the subcontract has first p rovided it with a preliminary statement of ability comply to with the requirements of these regulations. p 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 thereunderp rior 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 inp art 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 anyFederal program involving such grant, contract, insurance, or guarantee, the following equal opportunity loan, 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. 1 (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 September 24 , 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) , and the provisions of paragraphs ( 1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 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 4 • ; applicable to any agency, instrumentality or subdivision of such Y, participate which does not in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency terin and the Secretary of Labor in p obtaining the compliance of contractors and subcontractors with the equal opportunityclause 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 q it will otherwise assist the administering agency in the discharge of the agency's primaryresponsibility for securing compliance. genc ys 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 federallyassisted 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 VKIL�l.NAL RESOLUTION NG. 93-20762 Authorizing and directing the execution of ti an agreement between the City of Miami Beach and the Miami Beach Development Corporation, (MBDC) , with a funding amount of twenty five thousand dollars ($25,000) , for provision of additional physical public moimprovements on Lincoln Road.