Block Grant Agreement with MB Police Athletic League, Inc. 2.01. 1 -30
COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
FISCAL YEAR 2019
BETWEEN
THE CITY OF MIAMI BEACH
AND
MIAMI BEACH POLICE ATHLETIC LEAGUE, INC
This Agreement made and entered into this4 day of F .$ , 2020, by and
between the CITY OF MIAMI BEACH, FLORIDA, a Florida municipal corporation having its principal
office at 1700 Convention Center Drive, Miami Beach, Florida, 33139, (hereinafter referred to as "City"),
and MIAMI BEACH POLICE ATHLETIC LEAGUE, INC., a Florida not-for profit corporation, having its
principal office at 999 11TH ST, Miami Beach, FL, 33139 (hereinafter referred to as "Sub-Recipient").
WHEREAS, the City is an entitlement recipient of U.S. Department of Housing and Urban
Development (HUD) grant funds for the Community Development Block Grant (CDBG), and HOME
Investment Partnership programs(HOME), and the City expects to continue to receive entitlement funds
from these grant programs to operate the City's housing and community development
activities; and
WHEREAS, each year, the City prepares a One-Year Action Plan detailing how it intends
to allocate funds received from HUD to conduct eligible activities for the benefit of low- and moderate-
income residents; and
WHEREAS, on May 8, 2019, the City Commission approved Resolution No. 2019-30812,
approving the One-Year Action Plan for Federal Funds for FY 2019, and providing CDBG funds in the
amount of THIRTY THOUSAND DOLLARS ($30,000)for a youth leadership program ("Program"); and
WHEREAS, the One-Year Action Plan for FY 2019 was made available to the public for
comment on May 23, 2019; and for a 30-day public review and comment period from May 8th through
June 7, 2019;
NOW,THEREFORE, in consideration of the mutual benefits contained herein,the City and
Sub-Recipient agree as follows:
Section 1. Agreement Documents: Agreement documents shall consist of this Agreement and the
following six(6)exhibits, all of which are attached and incorporated in this Agreement:
• Exhibit A-Scope of Services
• Exhibit B- Documentation
• Exhibit C-Budget
• Exhibit D- Financial Management for CDBG-funded activities
• Exhibit E- Monthly Report Forms
• Exhibit F- Monitoring Tool
Section 2. Statement of Work: The Sub-Recipient agrees to implement the Program in accordance
with Exhibits A and B, which Program is summarized as follows:
Miami Beach PAL Youth Directors Council (YDC):
45 low to moderate income students residing in Miami Beach will be enrolled in the Miami
Beach PAL Youth Directors Council (YDC): Youth Leaders Academy. The Miami Beach
PAL YDC provides students with biweekly sessions and adult mentors, with a 1:7 mentor-
to-mentee ratio.
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Miami Beach CDBG funding will be used to contract with The Edge Charitable Foundation
to implement their Youth Ambassadors Committee(YAC)Leadership program based upon
the world renowned "7 Habits of Highly Effective Teens".
In order to facilitate these impactful sessions, Miami Beach PAL will develop an interactive
classroom setting for each meeting with a Recordex,and electronic interactive touch board,
a desktop computer to ensure seamless presentation setup, and ten tablets to complete
group and individual assignments based upon the course curriculum.
Section 3. Agreement Amount: The City agrees to make available Community Development Block
Grant(CDBG)funds, in the amount of THIRTY THOUSAND DOLLARS ($30,000)for use
by the Sub-Recipient during the Term of the Agreement to be spent as agreed on Exhibit
C— Budget following the rules for Financial Management for CDBG Funded Activities as
stated in Exhibit D. (hereinafter, the aforestated amount including, without limitation, any
additional amounts included thereto as a result of a subsequent amendment(s) to the
Agreement, shall be referred to as the"Funds").
Section 4. Alterations: Any proposed changes in the Program including, without limitation, the
Budget in Exhibit C, shall first be submitted, reviewed, and approved, in writing, by the City
Manager, which approval, if given at all, shall be at his/her sole reasonable judgment and
discretion.
Section 5. Reporting Requirements and Method of Payment: In compliance with 24 CFR 570.503
(b)(2), Sub-Recipient shall submit monthly Program Accomplishment, Financial and
Progress reports in the forms included in Exhibit E- Monthly Reporting Forms, describing
the progress made by the Sub-Recipient in achieving the objectives identified in Exhibit A
—Scope of Services.These complete reports shall be submitted no later than the 10th day
of each month. As part of the report submitted in October 2020, the Sub-Recipient also
agrees to include a comprehensive final report covering the agreed-upon Program
objectives, activities, and expenditures, and including, but not limited to, performance data
and client feedback with respect to the goals and objectives outlined in Exhibit A. Exhibit
B contains a checklist of backup documentation to be used in fulfillment of the monthly
reporting requirement. Other reporting requirements may be required by the City Manager
in the event of Program changes; the need for additional information or documentation
arises; and/or legislative amendments are enacted. Reports and/or requested
documentation not received by the due date shall be considered delinquent and may be
cause for default and termination of this Agreement, pursuant to Section 12 hereof. Other
reporting requirements may be required by City in the event legislative amendments are
enacted or as the City Manager may reasonably deem necessary.The Sub-Recipient shall
be informed, in writing, if any changes become necessary. Drawdowns for the payment of
eligible expenses shall be made against the line item budgets specified in Exhibit C —
Budget and in accordance with performance.
Section 6. Monitoring: In compliance with 2 CFR 200.331 (d)and (e), at its discretion, the City may
schedule at least one(1)annual on-site monitoring visit with the Sub-Recipient to evaluate
the progress of the Program, and provide technical assistance using the Monitoring Tool
attached as Exhibit F.
Section 7. Additional Conditions and Compensation: The parties acknowledge that the Funds
originate from CDBG grant funds from HUD, and must be implemented in full compliance
with all of HUD's rules and regulations. In the event of curtailment or non-production of
said Federal funds, the financial sources necessary to continue to pay the Sub-Recipient
all or any portions of the Funds will not be available. In that event, the City may terminate
this Agreement, which termination shall be effective as of the date that it is determined by
the City Manager, in his/her sole discretion and judgment, that the Funds are no longer
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available. In the event of such termination, the Sub-Recipient agrees that it will not look
to, nor seek to hold the City, nor any individual member of the City Commission and/or City
Administration, personally liable for the performance of this Agreement, and the City shall
be released from any further liability to Sub-Recipient under the terms of this Agreement.
Section 8. Compliance with Local, State and Federal Regulations -The Sub-Recipient agrees to
comply with all applicable Federal regulations as they may apply to Program administration
as described in 24 CFR 570 and 2 CFR 200 and carry out each activity in compliance with
the laws and regulations as described in 24 CFR 570 Subpart K — Other Program
Requirements, as same may be amended from time to time. Additionally, the Sub-
Recipient will comply with all State and local(City and County)laws and ordinances hereto
applicable. It shall be the Sub-Recipient's sole and absolute responsibility to continually
familiarize itself with any and all such applicable Federal, State, County, and City
regulations, laws, and/or ordinances.
Section 9. Restrictions for Certain Resident Aliens - Certain newly legalized aliens, as described
in 24 CFR Part 49, are not eligible to apply for benefits under covered activities funded by
the CDBG Program. "Benefits" under this section means financial assistance, public
services, jobs, and access to new or rehabilitated housing and other facilities made
available under activities funded by the CDBG Program. "Benefits" do not include
relocation services and payments to which displacees are entitled by law.
Section 10. Assignment/Subcontract: No part of this Agreement may be assigned or subcontracted
without the prior written consent of the City, which consent, if given at all, shall be at the
City's sole discretion and judgement.
Section 11. Term: This Agreement shall commence at contract execution and shall terminate on
September 30, 2020 (the Term), with the understanding that at, the end of the Term, the
City Commission has the authority to reappropriate any remaining unused Funds.
Section 12. Termination of Agreement:
12.1 Termination for Convenience: This Agreement may be terminated by the City, for
convenience and without cause, through the City Manager, upon 30 days prior
written notice to Sub-Recipient. In the event of such termination for convenience,
the City shall cease any payments to Sub-Recipient for costs resulting from
obligations which were not approved before the effective date of termination. Sub-
Recipient shall be solely responsible for immediately returning any unused or
unapproved Funds as of the date of termination, and shall also be solely responsible
for submitting a final report, as provided in Section 5 hereof, (detailing all Program
objectives, activities and expenditures up to the effective date of the termination).
Said final report shall be due within five(5)working days following the effective date
of termination. Upon timely receipt of Sub-Recipient's final report,the City, at its sole
discretion, shall determine the amount(if any)of any additional portion of the Funds
to be returned to the City as a result of any unapproved or unused Funds, or
incomplete Program items,and shall provide Sub-Recipient with written notice of any
monies due. Said additional monies shall be due and payable immediately upon
receipt of such notice by Sub-Recipient. Notwithstanding the preceding, the City
reserves any and all legal rights and remedies it may have with regard to recapture
of all or any portion of the Funds, or any assets acquired or improved in whole or in
part with said Funds.
12.2 Termination for Cause: Notwithstanding Subsection 12.1 above, the City may also
terminate this Agreement for cause. "Cause"shall include, but not be limited to, the
following:
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a. Failure to comply and/or perform, in accordance with the terms of this
Agreement, or any Federal, State, County or City law, or regulation.
b. Submitting reports to the City which are late, incorrect, or incomplete in any
material respect.
c. Implementation of this Agreement, for any reason, is rendered impossible or
infeasible.
d. Failure to respond in writing to any concerns raised by the City, including
substantiating documents when required/requested by the City.
e. Any evidence of fraud, mismanagement, and/or waste, as determined by the
City's monitoring and applicable HUD rules and regulations.
The City shall notify the Sub-Recipient in writing when the Sub-Recipient has been
placed in default. Such notification shall include: (i) actions taken by or to be taken
by the City, such as withholding of payments; (ii) actions to be taken by the Sub-
Recipient as a condition precedent to curing the default, if applicable; and (iii) a
reasonable cure period,which shall be no less than thirty(30)days from notification
date with respect to Subsections 12.2(a),(b),and(d). In the event the Sub-Recipient
fails to cure a default under Subsections 12.2(a), (b), and (d)within the aforestated
cure period, this Agreement shall be considered terminated for cause, without
requiring further notice to Sub-Recipient, and Sub-Recipient shall be solely
responsible for repayment to the City of all or any portion of the Funds disbursed to
Sub-Recipient,as deemed required by the City, in its sole and reasonable discretion.
Said monies shall be immediately due and payable by Sub-Recipient.
Notwithstanding the preceding, the City reserves any and 'all legal rights and
remedies it may have with regard to recapture of all or any portion of the Funds, or
any assets acquired or improved in whole or in part with said Funds.
Notwithstanding the foregoing, with respect to Subsection 12.2 (c) and (e), the
termination for cause, as described in this section, shall be effective upon receipt of
the termination notice, without the opportunity to cure said default.
Additionally, if Sub-Recipient has committed similar defaults under Subsections
12.2(a), (b), and (d), on two or more occasions during the term of the Agreement,
the termination for cause, as described in this section, shall be effective as of the
date the second notice is sent to Sub-Recipient by the City, without the opportunity
to cure said default.
12.3 Termination for Lack of Funds: In the event of curtailment of, or regulatory
constraints placed on the Funds by HUD, this Agreement will terminate, effective as
of the time that it is determined by the City Manager that such Funds are no longer
available. Costs of the Sub-Recipient incurred after termination are not allowable
unless expressly authorized in writing by the City Manager(whether in the notice of
termination or subsequent thereto), and, in that case, may only be allowable if, in the
sole discretion of the City Manager:
a. The costs resulted from obligations which were properly incurred before the
effective date of termination,were not in anticipation of it,and are noncancelable;
and
b. The costs would be allowable if the Agreement expired normally at the end of its
Term.
Section 13. Equal Employment Opportunities/No Discrimination: In compliance with 2 CFR 200,
Appendix II: Except as otherwise provided under 41 CFR Part 60, all contracts that meet
the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must
include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with
Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR
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Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," and implementing
regulations at 41 CFR Part 60, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor."
Unless otherwise required by applicable laws, in connection with performance of the
Services, the Sub-Recipient shall not exclude from participation in, deny the benefits of, or
subject to discrimination anyone on the grounds of race, color, national origin, sex, age,
disability, religion, income or family status.
Additionally, Sub-Recipient shall comply with the City of Miami Beach Human Rights
Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time,
prohibiting discrimination in the employment, housing, public accommodations, or public
services, on the basis of actual or perceived race, color, national origin, religion, sex,
intersexuality, sexual orientation, gender identity,familial and marital status,age, ancestry,
height, weight, domestic partner status, labor organization membership, familial situation,
political affiliation, or disability.
Section 14. Program Income:The Sub-Recipient shall report monthly all program income(as defined
at 24 CFR 570.500(a))generated by activities carried out with CDBG funds made available
under this contract.The use of program income by the Sub-Recipient shall comply with the
requirements set forth at 24 CFR 570.504. By way of further limitations, the Sub-Recipient
may use such income during the contract period for activities permitted under this contract
and shall reduce requests for additional funds by the amount of any such program income
balances on hand.All unexpended program income shall be returned to the Grantee at the
end of the Term. Any interest earned on cash advances from the U.S. Treasury and from
funds held in a revolving fund account is not program income and shall be remitted promptly
to the Grantee.
Section 15. Religious Organization or Owned Property: CDBG funds may be used by religious
organizations or on property owned by religious organizations only with prior written
approval from the City Manager, and only in accordance with requirements set in 24 CFR
§570.200(j). The Sub-Recipient shall comply with First Amendment Church/State
principles, as follows:
a. 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.
b. 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.
c. It will retain its independence from Federal, State, and local governments, and may
continue to carry out its mission, including the definition, practice, and expression of its
religious beliefs, provided that it does not use direct CDBG funds to support any
inherently religious activities, such as worship, religious instruction, or proselytizing.
d. The Funds shall not be used for the acquisition, construction, or rehabilitation of
structures to the extent that those structures are used for inherently religious activities.
Where a structure is used for both eligible and inherently religious activities, CDBG
funds may not exceed the cost of those portions of the acquisition, construction, or
rehabilitation that are attributable to eligible activities in accordance with the cost
accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels,
or other rooms that a CDBG-funded religious congregation uses as its principal place
of worship, however, are ineligible for CDBG-funded improvements.
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Section 16. Reversion of Assets: In the event of a termination of this Agreement, or upon expiration
of the Agreement, and in addition to any and all other remedies available to the City
(whether under this Agreement, or at law or in equity),the Sub-Recipient shall immediately
transfer to the City any Funds on hand at the time of termination (or expiration) and any
accounts receivable attributable to the use of CDBG funds. The City's receipt of any Funds
on hand at the time of termination, shall not waive the City's right (nor excuse Sub-
Recipient's obligation) to recoup all or any portion of the Funds, as the City may deem
necessary.
Section 17. Conformity to HUD regulations: The Sub-Recipient agrees to abide by guidelines set
forth by HUD for the administration and implementation of the CDBG Program, including
applicable Uniform Administrative Requirements set forth in 24 CFR 570.502, as amended
by 2 CFR 200 and applicable Federal laws and regulations in 24 CFR 570.600, et seq. as
now in effect and as may be amended from time to time. In this regard, the Sub-Recipient
agrees that duly authorized representatives of HUD shall have access to any books,
documents, papers and records of the Sub-Recipient that are directly pertinent to this
Agreement for the purpose of making audits, examinations, excerpts and transcriptions.
a. Subpart A-"Acronyms and Definitions"
b. Subpart B-General Provisions
c. Subpart C-"Pre-Federal Award Requirements and Contents of Federal Awards"
d. Subpart D - "Post-Federal Award Requirements", except for 200.305, 200.306,
200.307, 200.308, 200.311 as detailed below:
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1) "Payment" is modified for lump sum drawdown for financing of property
rehabilitation activities, in accordance with 570.513.
2) "Program Income" is governed by 570.504
3) "Real Property"does not apply, except as provided in 570.200(j). Real property is
governed by§ 570.505.
4) "Equipment"CDBG Sub-Recipients shall follow Section 200.313,except that when
the equipment is sold, the proceeds shall be program income. Equipment 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.
5) Section 200.333 "Retention requirements for records"applies except that:
For Sub-Recipients:
i. The retention period for individual CDBG activities shall be the longer of
five (5) years after the expiration or termination of the Sub-Recipient
agreement under§ 570.503, or five (5) years after the submission of the
annual performance and evaluation report, as prescribed in § 91.520 of
this title, in which the specific activity is reported on for the final time;
ii. Records for individual activities subject to the reversion of assets
provisions at § 570.503(b)(7) or change of use provisions at § 570.505
must be maintained for as long as those provisions continue to apply to
the activity; and
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iii. Records for individual activities for which there are outstanding loan
balances, other receivables, or contingent liabilities must be a retained until
such receivables or liabilities have been satisfied.
6) Section 200.343"Closeout"
City will close-out the Federal award when it determines that all applicable
administrative actions and all required work of the Federal award have been
completed by the Sub-Recipient. The following actions must take place to
complete this process at the end of the Term.
i. The Sub-Recipient must submit, no later than 90 calendar days after the
end date of the Term, all financial, accomplishment, performance, and
other reports as required by the terms and conditions of this Agreement.
City may approve extensions when requested by the Sub-Recipient.
ii. Unless City authorizes an extension, Sub-Recipient must liquidate all
obligations incurred under this Agreement no later than 90 calendar days
after the end date of the Term as specified in the terms and conditions of
this Agreement.
iii. City must make prompt payments to the Sub-Recipient for allowable
reimbursable costs under this Agreement prior to being closeout.
iv. Sub-Recipient must promptly refund any balances of unobligated cash that
City paid in advance or paid and that are not authorized to be retained by
the Sub-Recipient for use in other projects. See OMB Circular A-129 and
see §200.345 Collection of amounts due, for requirements regarding
unreturned amounts that become delinquent debts.
v. Consistent with the terms and conditions of the Agreement, City must
make a settlement for any upward or downward adjustments to the
Federal share of costs after closeout reports are received.
vi. Sub-Recipient must account for any real and personal property acquired
with Federal funds or received from the Federal Government in
accordance with §§200.310 Insurance coverage through 200.316
Property Trust Relationship and 200.329 Reporting on Real Property.
vii. City should complete all closeout actions for Federal awards no later than
one year after receipt and acceptance of all required final reports.
e. Subpart E-Cost Principles
f. Subpart F-Audit Requirements
Section 18. Sponsorships: The Sub-Recipient agrees that all notices, informational pamphlets, press
releases, advertisements, descriptions of the sponsorship of the Program, research
reports, and similar public notices prepared and released by the Sub-Recipient for, on
behalf of, and/or about the Program, shall include the statement:
"FUNDED BY THE CITY OF MIAMI BEACH
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM"
In written materials, the words
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"CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
ADMINISTERED BY THE CITY OF MIAMI BEACH OFFICE OF HOUSING AND
COMMUNITY DEVELOPMENT"
shall appear in the same size letters or type as the name of the Sub-Recipient.
Section 19. Examination of Records: The Sub-Recipient shall maintain sufficient records in
accordance with 24 CFR 570.502, 570.503(b)(2) and 570.506 to determine compliance
with the requirements of this Agreement,the CDBG Program, and all other applicable laws
and regulations. This documentation shall include, but not be limited to, the following:
a. 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. These records shall be maintained to
the extent of such detail as will properly reflect all net costs, direct and indirect labor,
materials, equipment, supplies and services, and other costs and expenses of
whatever nature for which reimbursement is claimed under the provisions of this
Agreement;
b. Time sheets for split-funded employees, which work on more than one activity, in order to
record the CDBG activity delivery cost by Program and the non-CDBG related charges;
and
c. How the Statutory National Objective(s) as defined in 24 CFR 570.208 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 as
defined in 24 CFR 570.209, income certifications, and written Agreements with
beneficiaries, where applicable.
The Sub-Recipient 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 five(5)years after expiration of this Agreement,with the following exception:
if any litigation,claim or audit is started before the expiration date of the five(5)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 closeout of this Agreement,
of the address where the records are to be kept.
Section 20. Audits and Inspections: At any time during normal business hours, and as often as the
City (and/or its representatives) may deem necessary, the Sub-Recipient shall make
available all records, documentation, and any other data relating to all matters covered by
the Agreement, for review, inspection or audit.
In compliance with 2 CFR 200, Subpart F-Audit Requirements, if Sub-Recipient expends
$750,000 or more during the non-Federal entity's fiscal year in Federal awards must have
a single or program-specific audit conducted for that year in accordance with the provisions
mentioned above and shall be submitted to the City 180 days after the end of the Sub-
Recipient's fiscal year.
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 closeout.
Section 21. Indemnification/Insurance Requirements: The Sub-Recipient shall indemnify and hold
harmless the City, its officers, employees and agents, 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 Sub-Recipient, or any of its agents, officers, servants,
employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting
under the direction, control, or supervision of Sub-Recipient, pursuant to this Agreement
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and/or the Program. The Sub-Recipient shall pay all claims and losses of any nature
whatsoever in connection therewith and shall defend all suits in the name of the City, and
shall pay all costs (including attorney's fees) and judgements which may issue thereon.
This Indemnification shall survive the termination and/or expiration of this Agreement.
The Sub-Recipient shall not commence any work and/or services pursuant to this
Agreement until all insurance required under this Section has been obtained and the City's
Risk Manager has approved such insurance. In the event evidence of such insurance is
not forwarded to the City's Risk Manager within thirty(30) days after the commencement
date of the Term, this Agreement shall automatically terminate and become null and void,
and the City shall have no obligation under the terms and conditions hereof.
The Sub-Recipient shall maintain and carry in full force during the Term of this Agreement,
and/or throughout the duration of the Program contemplated herein, whichever is longer,
the following insurance:
a. General Liability Policy with coverage for Bodily Injury and Property Damage, in the
amount of$1,000,000 single limit,subject to adjustment for inflation. The policy must
include coverage for contractual liability to cover the above indemnification.
b. Worker's Compensation and Employers Liability, as required pursuant to Florida
Statutes.
c. 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. Limits
for such coverage shall be in the amount of $300,000, subject to adjustment for
inflation.
d. Physical/Sexual Abuse coverage shall be required when dealing with minors. Limits
for such coverage shall be in the amount of$500,000.
The City of Miami Beach shall be named as an additional insured under all such insurance
contracts. Thirty (30) day written notice of cancellation or substantial modification of the
insurance coverage must be given to the City's Risk Manager by the Sub-Recipient and its
insurance company. The insurance must be furnished by insurance companies authorized
to do business in the State of Florida, and approved by the City's Risk Manager. The
companies must be rated no less than "B+" as to management, and not less than "Class
VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best
Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City's Risk
Manager. Original Certificates of Insurance for the above coverage must be submitted to
the City's Risk Manager for approval prior to any work commencing. These certificates will
be kept on file in the Office of the Risk Manager, Third Floor City Hall.
The City shall have the right to obtain from the Sub-Recipient specimen copies of the
insurance policies, in the event that submitted Certificates of Insurance are inadequate to
ascertain compliance with required coverage. Compliance with the foregoing requirements
shall not relieve the Sub-Recipient of its obligation to indemnify and hold the City harmless,
as required in this section.
Section 22. Conflict of Interest: The Sub-Recipient covenants that no person under its employ who
presently exercises any functions or responsibilities in connection with Community
Development Block Grant (CDBG) funded activities has any personal financial interests,
direct or indirect, in this Agreement. The Sub-Recipient covenants that in the performance
of this Agreement, no person having such conflicting interest shall be employed. The Sub-
Recipient covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of
Interest", and State, County and City of Miami Beach statutes, regulations, ordinances or
resolutions governing conflicts of interest. The Sub-Recipient 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
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possible conflict. The City will then render an opinion, which shall be binding on both
parties.
Section 23. Venue: This Agreement shall be governed by, and construed in accordance with,the laws
of the State of Florida, both substantive and remedial,without regard to principles of conflict
of laws. The exclusive venue for any litigationarising out of this Agreement shall be
Miami-Dade County, Florida, if in State court, and the U.S. District Court, Southern District
of Florida, if in Federal court. BY ENTERING INTO THIS AGREEMENT, CITY AND SUB-
RECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL
BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS
AGREEMENT.
Section 24. Notices: All notices required under this Agreement shall be sent to the parties at the
following address:
City: Maria L. Ruiz, Department Director
Office of Housing and Community Services
Care of: Office of Housing and Community Development
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Sub-Recipient: Arthur W. Martineau, Director
Miami Beach Police Athletic League
999 11th St.
Miami Beach, Florida 33139
In the event that the Sub-Recipient changes the Chairman Director during the term of the
Agreement, such change must be notified in writing to the City within 15 days of such
change.
Section 25. 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$5,000. Sub-Recipient hereby expresses its willingness to enter
into this Agreement with Sub-Recipient's recovery from the City for any damage action for
breach of contract to be limited to a maximum amount of$5,000.
Accordingly, Sub-Recipient hereby agrees that the City shall not be liable to Sub-Recipient
for damages in an amount in excess of$5,000,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.
Section 26. Florida Public Records Law:
a. Sub-Recipient shall comply with Florida Public Records law under Chapter 119, Florida
Statutes, as may be amended from time to time.
b. The term "public records" shall have the meaning set forth in Section 119.011(12),
which means all documents, papers, letters, maps, books, tapes, photographs, films,
sound recordings, data processing software, or other material, regardless of the
physical form, characteristics, or means of transmission, made or received pursuant to
law or ordinance or in connection with the transaction of official business of the City.
10
c. Pursuant to Section 119.0701 of the Florida Statutes, if the Sub-Recipient meets the
definition of"Contractor"as defined in Section 119.0701(1)(a),the Sub-Recipient shall:
1) Keep and maintain public records required by the City to perform the service;
2) Upon request from the City's custodian of public records, provide the City with a
copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in Chapter 119,
Florida Statutes or as otherwise provided by law;
3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed, except as authorized by law,
for the duration of the contract term and following completion of the Agreement if
the Sub-Recipient does not transfer the records to the City;
4) Upon completion of the Agreement, transfer, at no cost to the City, all public
records in possession of the Sub-Recipient or keep and maintain public records
required by the City to perform the service. If the Sub-Recipient transfers all public
records to the City upon completion of the Agreement, the Sub-Recipient shall
destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. If the Sub-Recipient keeps and
maintains public records upon completion of the Agreement, the Sub-Recipient
shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided to the City, upon request from the City's
custodian of public records, in a format that is compatible with the information
technology systems of the City.
d. Request for Records; Noncompliance
1) A request to inspect or copy public records relating to the City's contract for
services must be made directly to the City. If the City does not possess the
requested records, the City shall immediately notify the Sub-Recipient of the
request, and the Sub-Recipient must provide the records to the City or allow the
records to be inspected or copied within a reasonable time.
2) Sub-Recipient's failure to comply with the City's request for records shall constitute
a breach of this Agreement, and the City, at its sole discretion, may: (i) unilaterally
terminate the Agreement; (ii) avail itself of the remedies set forth under the
Agreement; and/or(iii)avail itself of any available remedies at law or in equity.
3) A Sub-Recipient who fails to provide the public records to the City within a
reasonable time may be subject to penalties under s. 119.10.
e. Civil Action
1) If a civil action is filed against a Sub-Recipient to compel production of public
records relating to the City's contract for services,the court shall assess and award
against the Sub-Recipient the reasonable costs of enforcement, including
reasonable attorneys'fees, if:
i. The court determines that the Sub-Recipient unlawfully refused to comply with
the public records request within a reasonable time; and
ii. At least 8 business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the Sub-
11
Recipient has not complied with the request, to the City and to the Sub-
Recipient.
2) A notice complies with subparagraph (1)(ii) if it is sent to the City's custodian of
public records and to the Sub-Recipient at the Sub-Recipient's address listed on
its contract with the City or to the Sub-Recipient's registered agent. Such notices
must be sent by common carrier delivery service or by registered, Global Express
Guaranteed, or certified mail,with postage or shipping paid by the sender and with
evidence of delivery,which may be in an electronic format.
3) A Sub-Recipient who complies with a public records request within 8 business
days after the notice is sent is not liable for the reasonable costs of enforcement.
f. IF THE SUB-RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE SUB-RECIPIENT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADOaMIAMIBEACHFL.GOV
PHONE: 305-673-7411
Section 27. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors and assigns.
[SIGNATURES TO FOLLOW]
12
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.
MIAMI BEACH POLICE ATHLETIC LEAGUE, INC.
a Florida not-for-profit corporation
ATTES . 401,
glik_ka,?4, 4-
Secr- - y Signature
ill eQiii e YeizaOG.
4har 44 Mar*
Print Name Print Name and Title
1 2 0 cxeurke if j 1ec r'
Date Izzig
CITY OF MIAMI BEACH, FLORIDA
a Florida municipal corporation
ATTEST:,, ..____
ld/ili
Signatur Si ___ . ._
gna uree
Rafael E. Granado, City Clerk Dan Gelber, Mayor
Print Name Print Name
2 20,
Date . "���� '
INCORP OD4, .. t. ,
'Irl I_L) • Fi
tr
•y :I s;-e
APPROVED AS TO
FORM & LANGUAGE
& F EICUUTION
( V3 ^ l p 1 13
City Attorney Date
EXHIBIT"A"
"SCOPE OF SERVICES"
Statement of Work:
In compliance with 24 CFR 570.503(b)(1), Sub-Recipient agrees to provide the following:
Sub-Recipient Name: Miami Beach Police Athletic League, Inc.
Federal Award 59-0994619
Identification:
Federal Award: FY 2019 CDBG Funds
Subaward Period of Contract Execution—September 30, 2020
Performance:
Budget: $30,000—as detailed in Exhibit C- Budget
Total Amount of
Federal Funds $30,000
Obligated:
Federal Awarding U.S. Department of Housing and Urban Development(HUD)
Agency:
Pass-through Entity: City of Miami Beach — Office of Housing and Community Development, a
Division of the Office of Housing and Community Services.
Reports Due: Prior to the 10th of every month starting the month after contract execution:
• Progress
• Accomplishments
• Financial
Limited Clientele: At least 51% of the unduplicated beneficiaries must qualify as low— to
moderate—income clientele as proven by the income qualifications.
Service Location: 999 11th St
Miami Beach, Florida 33139
Program: Youth Directors Council (YDC): Youth Leaders Academy
Service: The Youth Leaders Academy will benefit 45 unduplicated Miami Beach
youth
Units of Service: Biweekly sessions (2x a month)
Deliverables: • Completed and executed client intake form with consent authorization
• Back-up documentation demonstrating household income
• Daily attendance rolls
• List of beneficiaries including demographic information
• Summary of the curriculum to be offered
Benchmarks: • Attendance by low-to moderate-income youth enrolled in the Program
The Sub-Recipient will be responsible for providing the following programs:
Youth Directors Council (YDC): Youth Leaders Academy during the period of the Agreement utilizing FY
2019 CDBG Funds.The Sub-Recipient will administer all tasks in the provision of the aforementioned public
services in compliance with all applicable Federal, state, and local rules and regulations governing these
funds, and in a manner satisfactory to the Office of Housing and Community Development(HCD).
The Sub-Recipient will perform the following tasks in connection with the provision of the Program including,
but not limited to, the following:
1) Collect intake &screening documentation for all program beneficiaries
2) Maintain program and financial records documenting the eligibility, attendance, provision of
services.
14
Related Definitions:
Environmental Review—Program must have an Environmental Review unless they meet criteria specified
in HUD regulations that would exempt or exclude them from Request for Release of Funds (RROF) and
environmental certification requirements (24 CFR sections 58.1, 58.22, 58.34, 58.35 and 570.604).
Evidence of Procurement — All expenses incurred with grant funds require evidence of procurement
according to this Agreement. Please carefully read the Agreement and related HUD rules to ensure
compliance.
Monthly Accomplishment Report—The Sub-Recipient is required to submit a Monthly Accomplishment
Report by the 10th of the following month. The report will detail the demographics of the Program
beneficiaries regardless of the service being provided (aftercare/summer camp). In order to avoid
duplication, beneficiaries are only to be reported once after the first time a service is provided.Sub-Recipient
is to report only the new clients(people) benefiting from the Program each month with the Accomplishment
Report matching race, income and other information requested. Year-to-Date clients must reflect the total
amount of beneficiaries served from the beginning of the term to the month of the report.
Monthly Financial Report—The Sub-Recipient is required to submit a Monthly Financial Report by the
10th of the following month regardless of whether or not funds are requested.The report delineates Program
expenses incurred including non-City funds and must include the corresponding evidence of expenses
incurred for any Program related expense which is being submitted for reimbursement as detailed in Exhibit
"B" Documentation. City is only to reimburse expenses related to the provision of services related to this
Agreement.
Monthly Progress Report—The Sub-Recipient is required to submit a Monthly Program Progress Report
by the 10th of the following month. The report summarizes the progress made, and Units of Service
completed.
Professional Services Contracts—Professional services funded through this Agreement must adhere to
procurement guidelines as appropriate and have executed written Agreements between the Sub-Recipient
and the respective Vendor. Contracts must, at a minimum, specify the cost, timeline and scope of service.
A copy of all professional service contracts must be submitted to the City prior to reimbursement request.
Proof of Insurance— Evidence of appropriate and required insurance must be submitted prior to contract
execution. No City funds will be dispersed prior to submission of required insurance coverage.
Applicable Rules and Regulations:
1. Environmental Review:
In compliance with 24 CFR 570.604 Environmental Standards, HCD is responsible for undertaking
Environmental Reviews in accordance with the requirements imposed on "recipients" in 24 CFR 58.
The Program is a Public Service, and therefore, it falls under Exempt Activities Pursuant to 24 CFR
58.34(4) that states that except for the applicable requirements of § 58.6, HCD does not have to
comply with the requirements of this part or undertake any environmental review, consultation or
other action under NEPA and the other provisions of law or authorities cited in § 58.5 for public
services that will not have a physical impact or result in any physical changes, including, but not
limited to, services concerned with employment, crime prevention, child care, health, drug abuse,
education, counseling, energy conservation and welfare or recreational needs.
2. Compliance with National Objective
At least 51% of the Program beneficiaries must be low-to moderate-income individuals.
Income Verification
15
Sub-Recipient will follow the guidelines provided by 24 CFR Part 5.609, Annual Income to ensure
eligibility of Program participants; maintain evidence that activities assisted with CDBG funds comply
with the primary National Objective, "Benefit to Low- and Moderate- Income Persons" and provide
services or activities that benefit at least 51% low- and moderate-income persons. A low- or
moderate-income household is defined as: a household having an income equal to or less than the
limits cited below based on the unit size.
The City recommends using the CDP Income Eligibility Calculator provided at
https://www.hudexchange.info/incomecalculator/ to determine Household eligibility. This form
contains all the required certifications and warnings.
If needed, HCD can provide Sub-Recipient with Verification of Employment, Verification of Deposit,
Zero Income and No Depository Affidavits forms at the Sub-Recipient's request.
Low-and Moderate-Income Household Limits
Low-Income (80% of Median Income), Very Low-Income (50 % of Median Income), Extremely Low
(30% of Median Income)
HUD Income Limits for FY 2019
Household Extremely Low Income Very Low Income Low Income 81%and
Size 30%to 0% 50%-31% 80%-51% Above
1 Person $0-$17,800 $17,801 -$29,650 $29,651 -$47,450 $47,451 or greater
2 Person $0-$20,350 $20,351 -$33,900 $33,901 -$54,200 $54,201 or greater
3 Person $0-$22,900 $22,901 -$38,150 $38,151 -$61,000 $61,001 or greater
4 Person $0-$25,750 $25,751 -$42,350 $42,351 -$67,750 $67,751 or greater
5 Person $0-$30,170 $30,171 -$45,750 $45,751 -$73,200 $73,201 or greater
6 Person $0-$34,590 $34,591 -$49,150 $49,151 -$78,600 $78,601 or greater
7 Person , $0-$39,010 $39,011 -$52,550 $52,551 -$84,050 $84,051 or greater
8 Person $0-$43,430 , $43,431 -$55,950 $55,951 -$89,450 $89,451 or greater
(Source: U.S. Department of Housing & Urban Development)
3. Budget Amendments
The goal should be to limit the use of Budget Amendments. Budget Amendments require prior written
approval by the City Manager.
To request a Budget Amendment, a written request for changes must be submitted to your Grant
Monitor delineating the changes and providing a detailed justification for making the request.
Approvals of any changes are at the sole discretion of the City Manager.
No budget amendment will be processed after June 30. 2020. Budget amendments that deviate
from the original scope will be rejected and the funds in question may be subject to recapture at the
sole discretion of the City Manager;
4. Sub-Recipient File Review
The following documentation must be included in the Sub-Recipient's file for those employees
providing services under this contract.
• Current Florida Driver License
• Resume with evidence of Required Experience
• State of Florida Board Teacher Certification/License, if applicable
• Administrative Rule 6a-4.01795- ESE education/experience, if applicable
• Childcare Affidavit of Good Moral Character
• Level 2 Florida Background Criminal Screening
16
• Child Abuse and Neglect Reporting Requirement
• Data Confidentiality Agreement
• 1-9 Verification on File
• CDBG Training Certificate
5. Evaluation
In its continuing effort to ensure contract compliance and performance, HCD will evaluate the Sub-
Recipient in its fulfillment of the terms of this Agreement including, but not limited to, the following
measures:
• Agreement compliance
• Accuracy and timeliness of Monthly Accomplishment Reports
• Accuracy and timeliness of Monthly Financial Reports
• Accuracy and timeliness of Monthly Progress Reports
• Adherence to Program timelines and Technical Assistance and Sub-Recipient Instructions
• Fulfillment of prescribed outcomes
6. Monitoring &Performance Reviews
City reserves the right to inspect, monitor and/or audit the Sub-Recipient to ensure contractual
compliance. Monitoring visits will take place within 120 days of the Agreement's execution date. City
will notify Sub-Recipient a minimum of three(3) business days prior to a monitoring visit.
7. Performance Ratings
Sub-Recipient agrees that its Performance Rating, the score awarded for performance on the
following measures, will be posted on the City's website on an annual basis:
• Timely and accurate submission of Monthly Progress/Accomplishment Report
• Timely and accurate submissions of Monthly Financial Reports(reimbursement requests)
• Adherence to Technical Assistance and Sub-Recipient instructions
• Delivery of contracted service units
Ratings will be given for each performance measure based on the following:
Performance Measure Rating Rationale & Score
Timely and accurate submission of Monthly D "0"for failing to submit on time
Progress/Accomplishment Report D "25"for submitting on time
Timely and accurate submissions of Monthly D "0" for failing to submit accurate report with
Financial Report(reimbursement requests) back-up material on time
> "25"for submitting accurate report on time
Follow Technical Assistance (TA) and Sub- > "0" for failing to follow TA instructions once
Recipient instructions once provided provided
> "10"for following TA instructions as provided
Delivery of . contracted service units within Possible score of 0 to 40 based upon
contracted timeframe completion of projected service units. Score is
pro-rated if total projected service units are not
met.
8. Reporting Requirements
The Sub-Recipient will provide the City with a complete Monthly Accomplishment, Financial and
Progress Report by the 10th of the following month. In the event that the 10th of the month lands on a
Saturday, Sunday or holiday, the report must be submitted the following business day.
17
Monthly reports will be submitted via any of the following methods:
• Standard mail _
• Hand delivery
Monthly reports will not be considered acceptable unless the following is met:
• Forms are completely and accurately completed including draw number and submittal date
• Necessary back-up materials are included (as stated in Exhibit"B" Documentation.)
• Reports bear the signature of the person preparing the report and the Sub-Recipient's
authorized signatory
Monthly Progress Reports should encapsulate a Program's progressin alignment with the funds
expended.
9. Procurement Records
Sub-Recipient must retain and include the following rationale and documents supporting any
acquisition of goods and services that are being charged to this Program.
• Rationale for the method of procurement;
• Selection of contract type;
• Contractor selection or rejection; and
• Basis for the contract price
10. Timeliness of Reimbursement Requests
Reimbursement requests must be submitted no later than sixty(60) days from the incurrence of the
expense. The City will strictly monitor this element. Please note that cancelled checks must be
submitted in conjunction with all reimbursement requests. Therefore, the Sub-Recipient should
calendar itself accordingly to ensure that reimbursement requests are submitted to the City in a timely
manner.
Furthermore, at least sixty (60) percent of your allotted grant funds must be expended by June 30,
2020 as demonstrated by the total value of reimbursements processed.
11. Training Requirements
Sub-Recipient must ensure that the person responsible for preparing the Monthly Progress,
Accomplishment and Financial Reports attends the HCD's Sub-Recipient Reporting Training and
places the attendance certificate in the Program's file for inspection by HCD during its monitoring
visit.
18
EXHIBIT"B"
"Documentation" -
The Sub-Recipient agrees to provide the following documents as part of its reporting requirements:
To document insurance coverage:
Copy of insurance policy or binder (with proof of payment) with limits and scope of coverage adding the
City of Miami Beach as additional insured
To document service:
• Intake&screening forms must include:
• Name
• Date of birth
• Beneficiary's address
• Demographic information as required in the CDBG Accomplishment Form
• Executed client consent Agreement to receive services
• Client authorization to release information
• Program enrolled
• Collect information on family size and income so that it is evident that at least 51 percent
of the clientele are persons whose family income does not exceed the low and moderate
income limit.
• Annual income is the gross amount of income anticipated by all adults in a family during
the 12 months following the effective date of the determination.
To calculate annual income, the sub-recipient may choose among definitions of
income, listed below; however, the same income definition must be used for all
beneficiaries.
o Annual income as defined under the Section 8 Housing Assistance Payments
Program (24 CFR 5.609);
o Adjusted gross income as defined for purposes of reporting under IRS Form
1040 (long form)for Federal individual income tax purposes.
• To determine if program applicants are income-eligible,grantees have several options:
a) Obtain evidence that the household/person assisted qualified under another
program having income qualification criteria at least as restrictive as that used in
the definitions of LMI household/person, such as public housing and welfare
programs; or
b) Obtain evidence that the assisted person is homeless; or
c) Obtain a verifiable certification from the assisted person that his/her family
income does not exceed the applicable income limit according to the definition
of income under 24 CFR 570.3:
o Estimate the annual income of a family or household by projecting the
prevailing rate of income of each person at the time assistance is provided for
the individual, family, or household (as applicable). Estimated annual income
shall include income from all family or household members, as applicable.
1. Obtain verification of employment for each household member over the
age of 18 by obtaining one of the following, as appropriate:
a. Proof of entitlement payments; and/or
b. The last 30 days of pay-stubs for those who are employed; and/or
c. Verification of Self-Employment Tax Deposits for those who are
self-employed.
2. Obtain verification of financial assets for each household member over the
age of 18 obtaining, as applicable, the following documents:
a. The last 30 days of saving account statements;
b. The last 30 days of checking account statements; and
c. The last 30 days of mutual funds accounts
3. In the event that a household member over the age of 18 does not have
19
employment or financial assets, he/she must complete and notarize the
proper affidavits and submit with the application package.
• Any additional documents as requested by the City
To document expenses incurred:
Supporting documents to be submitted with the Monthly Finance Report are as follows:
• Contractor Services:
• Executed Agreement
• Detailed invoice
• Cancelled checks
• Bank statements
• Any additional documents requested by the City
• Other Project Costs:
• Evidence of 3 quotations
• Detailed invoices
• Cancelled checks
• Bank statements
• Any additional documents requested by the City
• Professional Services Other:
• Detailed invoices
• Cancelled checks
• Bank statements
• Any additional documents requested by the City
20
EXHIBIT"C"
"Budget"
The attached budget reflects the scope of expenses that may be incurred through this Agreement.
MIAMI BEACH CDBG FY 2019
Project Budget
Sub-Recipient Miami Beach Police Athletic League Project Youth Leaders Acadamy
Award Amount $30,000.00
Please list all items that will be reimbursed by the City of Miami Beach.
Line Item
Personnel Expenses-List Position Title Quantity Unit Cost Line Total
Personnel Expenses-Category Totals $ -
Operating Expenses Quantity Unit Cost Line Total
Operating Expenses-Category Totals $ -
CapitalJEquipmentCosts Quantity Unit Cost Line Total
1111111111.11111111111111111111111111111111.111
$
$
CapitaliEgii pment Costs-Category Totals. $Professional Services Quantity Unit Cost Line Total
Computer Networking 1 $ 3,000.00 $ 3,000.00
EDGE:Program Administration(hrs x 2 staff x 325) 200 $ 50.00 $ 10,000.00
Program Administrator 40 $ 50.00 $ 2,000.00
$
$
Professional Serviices-Category Totals $ 15,00E00
Other Costs Quantity Unit Cost Line Total
Recordex Board 1 $ 4,000.00 $ 4,000.00
computer 1 $ 1,000.00 $ 1,000.00
Tablet Bundles 10 $ 1,000.00 $ 10,000.00
$ -
$ -
- $
Other Costs-Category Totals $ 15,000.00
Project Total- $ 30,000.00
21
EXHIBIT"D"
"Financial Management"
To comply with Federal regulations,each program must have a financial management system that provides
accurate, current and complete disclosure of the financial status of the activity. This means the financial
system must be capable of generating regular financial status reports which indicate the dollar amount
allocated for each activity(including any budget revisions),amount obligated(i.e.,for which contract exists),
and the amount expended for each activity. The system must permit the comparison of actual expenditures
and revenues against budgeted amounts. The City must be able to isolate and to trace every CDBG dollar
received and prove where it went and for what it was used.
The City is responsible for reviewing and certifying the financial management of any operating agency,
which is not a City department or bureau, in order to determine whether or not it meets all of the above
requirements. If the agency's system does not meet these requirements and modifications are not possible,
the City must administer the CDBG funds for the operating agency.
Support for Expenditures
Sufficient support for expenses depends on the type of expenditure. They normally include the following
items:
• Salaries-Should be supported by proper documentation in personnel files of hire date, position,duties,
compensation, and raises with effective date, termination date, and similar type information. Non-
exempt employees are required by law to complete a timesheet showing number of hours they worked
during the day. All employees paid in whole or in part from CDBG funds should prepare a time sheet
indicating the hours worked on CDBG projects for each pay period. Based on these time sheets and
the hourly payroll costs for each employee, a voucher statement indicating the distribution of payroll
charges should be prepared and placed in the appropriate files.)
• Employee Benefits-Should be supported by personnel policies and procedures manual, describing
the types of benefits, eligibility and other relevant information.)
• Professional Services-Should be supported by a complete and signed copy of the contract between
the Sub-Recipient and the independent contractor, describing at the minimum, period of service, type
of service and method for payments, in addition to the invoice from the private contractor.
• Purchases - At a minimum, purchases should be supported by a purchase order, packing list and
vendor invoice. Credit card statements, travel itineraries, vendor statements and similar items do not
represent support for an expense.
Records
Accounting records must be supported by source documentation. Invoices, bills of lading, purchase
vouchers, payrolls and the like must be secured and retained for five (5) years in order to show for what
purpose funds were spent. Payments should not be made without invoices and vouchers physically in
hand. All vouchers/invoices should be on vendor's letterhead. Financial records are to be'retained for a
period of five (5) years, with access guaranteed to the City, to HUD or Treasury officials or their
representative.
Audits
Sub-Recipient shall adhere to the following audit requirements:
1. Audits for Federal Awards in excess of$750,000 in a fiscal year.
If the Sub-Recipient expends $750,000 or more in the fiscal year in Federal awards it shall have a
single audit or program specific audit conducted for that year. The audit shall be conducted in
accordance with GAGAS and 2 CFR Part 200.501. The audit shall determine whether the financial
statements are presented fairly in all material respects in conformity with generally accepted accounting
principles.
In addition to the above requirements, the auditor shall perform procedures to obtain an understanding
of internal controls and perform sufficient testing to ensure compliance with the procedures. Further the
auditor shall determine whether the Sub-Recipient has complied with laws, regulations and the
provisions of this Agreement.
A reporting package shall be submitted within the earlier of 30 days after receipt of the auditor's
report(s) or nine (9) months after the end of the audit period. The reporting package will include the
22
certified financial statements and schedule of expenditures of Federal Awards; a summary schedule of
prior audit findings;the auditor's report and the corrective action plan. The auditor's report shall include:
• An opinion (or disclaimer of opinion)as to whether the financial statements are presented fairly in
all material respects in conformity with generally accepted principles and an opinion (or disclaimer
of opinion) as to whether the schedule of expenditures of Federal Awards is presented fairly in all
material respects in relation to the financial statements taken as a whole.
• A report on internal controls related to the financial statements and major programs. This report
shall describe the scope of testing of internal controls and the results of the test, and, where
applicable, refer to the separate schedule of findings and questioned costs.
• A report on compliance with laws, regulations, and the provisions of contracts and/or this
Agreement, noncompliance with which could have a material effect on the financial statements.
This report shall also include an opinion (or disclaimer of opinion)as to whether the Sub-Recipient
complied with the laws, regulations,and the provisions of contracts and this Agreement which could
have a direct and material effect on the program and, where applicable, refer to the separate
schedule of findings and questioned costs.
• A schedule of findings and questioned cost which shall include the requirements of 2 CFR Part
200.501.
2. Audits for Federal Awards under$750,000 in a fiscal year.
If the Sub-Recipient expends less than$750,000 in the fiscal year in Federal awards it is exempted
from Federal audit requirements for that year and consequently the audit cost is not a reimbursable
expense. The City, however, may request the Sub-Recipient to have a limited scope audit for
monitoring purposes. These limited scope audits will be paid for and arranged by the City and
address only one or more of the following types of compliance requirements: activities allowed or
disallowed; allowable costs/cost principles; eligibility; matching, level of effort, earmarking; and,
reporting.
All reports presented to the City shall,where applicable, include sufficient information to provide a
proper perspective for judging the prevalence and consequences of the findings, such as whether
an audit finding represents an isolated instance or a systemic problem. Where appropriate,
instances identified shall be related to the universe and the number of cases examined and
quantified in terms of dollar value.
23
EXHIBIT"E"
"Monthly Progress Report Forms"
MIAMI BE f\ C Monthly Progress Report
Sub-Recipient Nliiami Beach Police Athletic League Date:
P reject: Youth Leaders Council
Funding Source: CDBG FY 2019 Fiscal Year. 2019420
Reporting Perioth
Fun died Project Overview
45 low to moderate income students residing in Miami Beach will be enrolled it the Miami Beach:FAL Youth Directcas Council
(r'iaq::Youth Leaders Academy.The Miami Beach.PAL YAC provides students with bigieeel,4 sessions and adult mentors,with a
1:7 mentor to-menteeratin%
luliarri Beach COBB funding will be used b centrad with The Edge Charitable Foundation to implement their Youth Ambassadors
Committee fr'AM Leadership program based upon the weld renowned 7 Habits of Highly Effndiu+e Tars".
Fiscal Overview
Total Project Cost $ 79,509.1313 City Funding S 30,000.00
Project Progress for Current Reporting Period
For Capit'a_0 Pmfeets,please fool'o Se photographs&psi gcess,et h eved hies needing period
� I
d I
t i
Certification of Corrpliance
i accaralarrce vdtr Section 8 ofGhe contract 5etveen the City and the Sub-Recipient The Sub-Recur t agrees to campy visor ail
eppiitrall'e Federal regulafiorra imitating the Davis Bacon Act and Section 3 reguvetrerrls as they may aeptyr to Program
arhririistrafnrr and to carryout each acd'viV rh compliance KIN h{he taws aid reguiatiorrs as described Er 24 GFR 5700 Sit cart FS
as same may the an ended from tine to time AistdiM r try;litre Sub-Recipient MY comply wan at State and toad faitY and County)
tams and crrrrarices LWJEtOappriceble
Signature of Preparing Party SignatureofAutharihng Party
Name: Name:
Date: Date:
REMINDER SUBMIT DRAW REQUEST AND ALL REQUIRED BACK-UP DOCUMENTATION INCLUDING PROFORMAS AND PHOTOS.
24
MIAMI BEACH Fiscal Year FY 2019
Monthly Accomplishment Report
BENEFICIARIES INCOME RANGE AGE
Please complete this form indicating the clients served by the CDBG-funded I`pfOvC e•r•'". • l i
/totes:to s.»ttt tavt ,
project. Please verify your totals. New aSerare to..l I Youth Eldery-
Month, ,Clients„er II fit s.s.y.a._a -YTO Clients ; 30XEU t 50X,,U,_! 80:4:Mt 1, NLMI Under 18 Over 55
Oct
Nov.
Agency Reporting Dec.
Jan
Program Name Feb.
Mar.
Number of People?Households to be Serve _ 45 _ AW -
Mag
Number of PeopleiHouseholds Served Thu June
Jvlg
Data Collection Methodoloe9(Check all that apply) Aug
Sep.
CI Client intake Forms Total o o 0 0 0 0 0 0 0 0 ,
❑ Client Sign-iniLogdn Sheets ELI= Extremely lowdncome MI= Moderatedncome
❑ Other(Please specify) LI. Low4rtcome NLMI= NonLow Moderate-Income
'Hispanic? Hispanic? Hispanic Hispanic? Hispanic Hispanic Hispanic? . Hispanic?' , Hispanic?
Total Latino Total Latino Total 1 Latino Total Latino Total, f Latino Total 1 Latino Total, _Latino_ _ Total - Latino , ,Total. _Latino '
Month Vhite Vhite Black? " Black? Asian Asian American American Native Native Asian& Asian)i Black? Black? Amer.Indian?' Amer- ,Other multi:Other multi- Female , Spec. Grarid''
African African Indian? Indian? Hawaiian? Hawaiian Vhite Vhite African African Alaskan Indian? racial racial I HOH ; Needs Total
American American Alaskan Alaskan Other 1 Other American American Native& Alaskan
native native Pacific Pacific . &Vhite &Vhite Black? Native& . '
, R Islander Islander African „ Black? ' 1
Oct. 0
Nov 0
Deo. 0
Jan. 0
Feb- 0
Mar. 0
Apr. _ 0
May 0
June 0
July 0
Aug. 0
Sep. 0
Total 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0
N
C1
I At'A I EAC Monthly Financial Report
•
Sub-Recipient Miami Beach Police Athletic League
Project; Youth Leaders Council
Funding Source: CDBG FY 2019
Funding Fiscal Year. 2019120 Reporting Period: .
Date of Reimbursement Request Draw#
Reimbursement Sumrnary
Expense Category G rant Award Previous Available This Request
Requests Balance
Personnel Expenses $ - $ - $ - $ -
Operating Expenses $ - $ - $ - $ -
CapitallEquipment Expenses $ - $ - $ - $ -
Professional Services Expenses $ - $ - $ - $ -
Other Expenses $ - $ - $ - $ -
Total Reimbursement Request $ - $ - $ - $ -
Sub-Recipient C ertifiicatilo n
In accordance with the contract between the City and the Sub-Recipient The parties acknowledge that
the Funds originate from HUD,and must be.implemented.oar tuii compliance with ail of HUD's rules and
regulations.
In accordance with the contract between the City and the Sub-Recipient The Sub-Recipient agrees to
comply with a? appilcable Federal regulations as they may apply to Program administration and to
carry out each activity in compliance with the laws and regulations as described in 24 CFR 570
Subpart K, as same may be amended,from time to time. Additionally, the Sub-Recipient wth!poenoly
Kith all State and local(City and County)taws and ordinances hereto applicable.
In accordance with the contract between the City and the Sub-Recipient,the Sub-Recipient MI ensure
and maintain evidence that activities assisted with HUD funds from the CV comply with the stated
National OL ective.
Signature of Preparing Party Signature ofAuthorizing Party
Name Name
Date Date
Page 1 of 2
26
REIMBURSEMENT SUMMARY
Reimbursement Detail
Personnel Expenses
$ -
ILD_Pa0C01; 17,32,,t
$
Operating Expenses YS
iLW,ls3',G_'.32 r. ,3-1T+•a''1, _S _j�r KV'r•:1. 5,i
$
$
Ca italIE,ui+ment E I enses
$
$ -
'7.72:72.1‘73:1:7 r:'7'529 --- — —
•
Professional Services Expenses
$ -
$
Other Expenses
$
$
$
$ -
$
vizi"f2 fit r 17021 r.- -- ---- - - - , -- - -
27
MIAMI BEACH
CITY OF MIAMI BEACH
Office of Housing and Community Services
Community Development Block Grant(CDBG)Program
Sub-Recipient On-Site Monitoring Checklist
Public Services
Date of Monitoring Visit:
Sub-recipient:
Address:
Phone: Fax:
•
Project Name/Project Manager:
YES NO N/A Comments
o m
A. National Objective and Eligibility: x
.7 I
Benefit to Low-and Moderate-Income Persons(CFR 570.208)
to
B. Conformance to the Sub-recipient Agreement p
1 Contract Scope of Work—Is the full scope of services C
listed in the contract files? List any deviation.
2 Levels of Accomplishments-Is the project achieving the
expected levels of performance(number of persons served,
etc.)and reaching the intended client group?
Is the project accomplishing what it was designed
to do?
3 Timely Performance—Is the work being performed in a
timely manner(i.e.,meeting the schedule as shown in
the Scope of Work)?
4 Budget—Do actual expenditures match planned
expenditures?
N
co
5 Requests for Payment—Are payment requests being
submitted in a timely manner?
Are payment requests consistent with level of work
accomplished?
Is Program Income being reported on a monthly basis?
6 Progress Reports—Have progress reports been submitted
in a timely manner?
Are progress reports complete and accurate?
7 Special Conditions-Does the project conform to any special
terms and conditions Included in the agreement?
Sub-recipient:
YES NO NIA Comments
C. Record-Keeping Systems(570.506)
1 Filing System—Are file orderly,comprehensive,up-to-date,
secured for confidentiality?
2 Documentation—Does sub-recipient have established
procedures for collecting eligibility income documentation
from program participants/clients?
Do project files have necessary documentation to support
national objective,eligibility and program costs?
3 Record Retention—Does sub-recipient have a records
retention policy and procedure?
4 Site Management—Is project manager located on-site
and running day-to-day operations?
co
Does staff seem fully informed about the program
requirements and project expectations?
D. Financial Management Systems
1 Internal Control Systems—Does sub-recipient have
accounting policies and procedures for cash,real and
personal property,equipment and other assets?
Are records maintained that indicate how CDBG
program funds are used?
2 Components of Financial Management System—
Are sub-recipients chart of accounts,journals,
ledgers,reconciliation,data processing and reporting
system up-to-date?
3 Accounting—Are appropriate receipts and supporting
documentation on file for all reimbursement requests?
4 Eligible,Allocable,and Reasonable Costs—Does
project delivery costs appear to be reasonable and
eligible under the CDBG Program?
5 Drawdown Procedures —Are all drawdowns of
CDBG funds properly recorded?
6 IPA Audit Reports—Has the sub-recipient expended$500,000
or more in Federal funds for the program year?
If yes,date audit conducted.
Are there any findings related to CDBG Activities?
If yes,explain.
Sub-recipient:
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0
YES NO NIA Comments
E. Insurance
1 Certificate of Insurance—Has the sub-recipient submitted
a current copy of the Certificate of Insurance with the City
named as additional insured?
F. Procurement
1 Procurement Procedures—Does sub-recipients procurement
procedures and policies meet CDBG requirements?
2 Conflict of Interest—Does the sub-recipient have a method to
to assure there is no conflict of interest,real or apparent?
G. Equipment and Real Property
1 Has the sub-recipient purchased equipment with CDBG
funds in excess of S1,000?
2 Does the sub-recipient maintain records for such
equipment purchases?
H. Non-Discrimination—Does the sub-recipient comply with
the following regulations/requirements?
1 Equal Employment Opportunity(570.506,601,&602)
2 Section 3[570.506(g)(5)&570.607(a)]
3 Fair Housing Compliance[(570.904&570.601(b)]
4 Requirements for Disabled Persons[§504(24 CFR 8.6)]
5 Women and Minority Business Enterprises[570.506(g),
85.36(e),&84.44]
I. Conclusion and Follow-up
1 Is the sub-recipient meeting the terms of the Agreement and
HUD regulations?
2 Are corrective actions needed?
3 Is technical assistance or additional training needed?
Sub-recipient:
Additional Comments:
Site Visit Monitoring Completed by
City of Miami Beach Sub-Recipient Representative Name
Office of Housing and Community Services Staff
Signature Signature
Date Date
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