Log Cabin Enterprises, Inc.
'.
COMMUNITY DEVELOPMENf BLOCK GRANT AGREEMENf
BETWEEN THE CITY OF MIAMI BEACH AND
LOG CABIN ENTERPRISES, INC.
lIDs Agreement made and entered into this 151 day of October, 2003, by and between the
CITY OF MIAMI BEACH, a Florida mlDlicipal corporation, hereinafter referred to as "the
City", and LOG CABIN ENTERPRISES, INC., hereinafter referred to as "Provider".
WHEREAS, the City has received an entitlement grant from the U.S. Department of
Housing and Urban Development as part of its Community Development Block Grant Program
for the period October I, 2003, to September 30, 2004 (hereinafter "the contract period"); and
WHEREAS, the primary objective of the Community Development Block Grant
(CDBG) Program is the development of viable urban communities, including decent housing and
a suitable living environment and expanding economic opportunities principally for persons of
low and moderate income; and
WHEREAS, the One-Year Action Plan was adopted by City of Miami Beach Resolution
No. 2003-25305 on July 30, 2003; and
WHEREAS, the City has determined, tlrrough its One-Year Action Plan for federal
funds for Fiscal Year 2003/2004, the necessity for engaging the Provider to render the following
services in Miami Beach: Log Cabin Nursery (collectively, the Program).
NOW, THEREFORE, in consideration of the mutual benefits contained herein, the City
and Provider agree as follows:
Section 1.
Agreement Documents: Agreement documents shall consist of this Agreement
and four (4) attachments, all of which are incorporated by reference into this
Agreement: ' ..
. Attachment I contains a description of the Program service and goals offered
by the Provider.
. Attachment IT is a line item budget.
· Attachment ill outlines financial management procedures and reporting
forms for use with Community Development Block Grant funds.
. Attachment N contains applicable federal regulations.
Section 2.
Statement of Work: The Provider agrees to implement the activities in
accordance with the Budget, as described in Attachments I and IT.
Log Cabin Nursery
(570.208(a)( 4)/570.201 ( e))
To provide funding for a nursery business program that creates and/or retains jobs
for developmentally disabled adults. In addition, this activity will retain
approximately $200,000 in anticipated program income.
Section 3,
Agreement Amount: The City agrees to make available Sixty Thousand Dollars
and 00/100 ($60,000) for use by the Provider during the term of the Agreement.
Section 4,
Section 5.
Section 6.
Section 7.
Section 8.
Alterations: Any proposed alterations in the Program offered by the Provider
and/or the budget shall first be submitted to and approved in writing by the City,
said approval at the City's sole judgement and discretion.
Method of Payment and Reporting Requirements: The Provider agrees to
submit monthly Program progress reports to the City on the lOth day of each
month, throughout the term ohhis Agreement. The Provider also agrees to
submit, on September 30, 2004, a comprehensive final report covering the agreed-
upon Program objectives, activities, and expenditures during the term of this
Agreement, including, but not limited to, performance data on client feedback,
with respect to the goals and objectives outlined in Attachment I. Attachment ill
contains reporting fonns to be used in fulfillment of this requirement. Other
reporting requirements may be required by the City in the event of Program
changes; the need for additional information or documentation arises; and/or
legislative amendments are enacted. The Provider shall be infonned, in writing, if
any changes become necessary. Reports and/or requested documentation not
received by the due date shall be considered delinquent and shall be considered by
the City, at its sole discretion, as sufficient cause to suspend pending CDBG
payments to the Provider, and/or terminate the Agreement for cause, pursuant to
Section ]2 herein.
Monitoring: The City, at its discretion, shall schedule no less than one (]) annual
on-site mointoring visit with the Provider to evaluate the progress and
performance of the Program and to provide techriica] assistance; and/or a desk top
review of the activities may be conducted in lieu of an on-site visit, if and only if,
the agency has had a satisfactory on-site review in the previous program year, and
is not a high risk agency.
Additional Conditions and Compensation - It is expressly understood and
agreed by the parties hereto that monies to be used by Provider for compensation,
as contemplated by this Agreement, originate from grants of Community
Development B]ock Grant funds from the U.S. Department of Housing and Urban
Development (HUD) 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, the fmancial
sources necessary to continue to pay the Provider all or any portions of the funds
contemplated herein will not be available, and that this Agreement will thereby
terminate effective as of the time that it is determined by the City, in its sole
discretion and judgement, 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 nor any individual member of the City Commission and/or City
Administration 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 tenns of this Agreement.
Compliance with Local, State and Federal Regulations - The Provider agrees
to comply with all applicable 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 Provider will comply with all state and local (City
and County) laws and ordinances hereto applicable. It shall be the Provider's sole
and absolute responsibility to continually familiarize itself with any and all such
applicable federal regulations, as well as any and all applicable state and local
laws and ordinances.
Section 9, Restrictions for Certain Resident AUens - Certain newly legalized aliens, as
, described in 24 CFR Part 49, are not eligible to apply for benefits under covered
activities funded by the Community Development Block Grant 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. Subcontract: No part of this Agreement may be assigned or subcontracted
without the prior written consent of the City, such consent to be at the City's sole
disCretion and judgement.
Section 11. Term: This Agreement shall remain in effect from October 1,2003, through
September 30, 2004, with the understanding that at the end of any fiscal year
during the term herein, the City of Miami Beach City Commission has the
authority to reappropriate any remaining unused funds.
Section 12. Termination of Agreement:
12.1 Termination for Convenience: The City and Provider agree that this
Agreement may be terminated foi: convenience and without cause, by either
party hereto by written notice to the other party of such intent to terminate, at
least thirty (30) days prior to the effective date of such termination. In the
event of such termination for convenience by either party, the City shall
cease any payments to Provider for costs resulting from obligations, which
were not properly incurred before the effective date of termination.
Additionally, Provider shall be solely responsible for submitting a final
report, as provided in Section 5 of the Agreement, 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 the termination. Upon timely receipt of
Provider's "final report", the City, at its sole discretion, shall determine the
amount (if any) of CDBG funds to be returned to the City as a result of any
incomplete Program items and/or items not satisfactorily performed, and
shall provide Provider with written notice of any monies due. Said monies
shall be due immediately and payable upon receipt of such notice by
Provider. Notwithstanding the preceding, the City reserves any and all legal
rights and remedies it may have with regard to recapture of the CDBG funds
herein, or any assets acquired or improved in whole or in Pl:lrt with said
funds.
12.2 Termination for Cause: Notwithstanding Subsection 12.1 above, the City
may also place the Provider in default of this Agreement, and may suspend
or terminate this Agreement, for cause. "Cause" shall include, but not be
limited to, the following:
a. Failure to comply and/or perform in a material way, as same shall be
determined by the City in its sole discretion and judgement, in
accordance with the terms of this Agreement, or any Federal, State,
County or City statute or regulation.
b. Submitting reports to the City, which are late, incorrect or
incomplete in any material respect
c. Implementation of this Agreement, for any reason, is rendered
impossible or infeasible.
d. Failure to respond in writing to any concerns raised by the City,
including substantiating documents when required/reques~d 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.
The City shall notify the Provider in writing when the Provider 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 Provider as a condition precedent to clearing the deficiency; and
(iii) a reasonable date for compliance, which shall be no more than fifteen
(15) days from notification date. In the event that Provider fails to correct
such deficiency within the aforestated period, and following such notice
from the City, this Agreement shall be considered tenninatedfor cause by
the City, without further notice to Provider.
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 such funds are no
longer available. 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
subsequent thereto. Other costs during suspension or after termination
which are necessary and not reasonably avoidable are allowable if, in the
sole discretion of the City:
a. The costs resulting 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
b. The costs would be allowable if the award were not suspended or
'expired normally at the end of the funding period in which the
termination takes effect.
In the event oftennination of the Agreement, at its sole discretion, the City may
require Provider to transfer any CDBG assets to the City pursuant to Section 16
herein.
Section 13. Equal Employment Opportunities: The Provider shall comply with equal
employment opportunities as stated in Executive Order 11246, entitled "Equal
Eniployment Opportunity" as amended Executive Order 11375, and as
supplemented in Department of Labor regulations.
Section 14. Program Income: Any "Program Income" (as such term is defined under
applicable federal regulations) gained from any activity of the Provider, funded by
CDBG funds shall be reported to the City and utilized by the Provider in the
operation of the CDBG-funded activity during the term of this Agreement.
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 and only in accordance with requirements set
in 24 CFR ~570.200(j). The Provider 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 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.
d. 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.
e. 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 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.
Section 16. Reversion of Assets: In the event ofa termination of this Agreement pursuant to
Section 12 herein, or upon expiration of the Agreement, the Provider shall transfer
to the City any CDBG funds on hand at the time of termination or expiration and
any account receivable attributable to the use of CDBG funds.
Any real property under the Provider's control that was acquired or improved in
whole or in part with CDBG funds (including CDBG funds provided to the
Provider in the form of a loan) in excess of $25,000 must either:
a. Be used to meet one of the national objectives in 24 CFR 570.208
(formerly section 570.901) until five years after expiration of the term of
this Agreement, or for such longer period of time as determined to be
appropriate by the City and as memorialized by the City and Provider iit
an amendment to this Agreement or such instrument as the City, at its
discretion, deterri:rlnes appropriate; or
b. !fnot used in accordance with the above subsection (a), the Provider shall
pay to the City an amount equal to the current market value of the
property less any portion of the value attributable to expenditures of non-
CDBG ftmds for the acquisition of, or improvement to, the property. No
payment is required after the period of time specified in subsection (a).
Section 17. Conformity to HUD regulations: The Provider agrees to abide by guidelines set
forth by the U.S. Department of Housing and Urban Development for the
administration and implementation of the Community Development Block Grant
Program, including applicable Uniform Administrative Requirements set forth in
24 CFR 570.502, and applicable federal laws and regulations in 24 CFR 570.600,
et seq. In this regard, the Provider agrees that duly authorized representatives of
the U.S. Department of Housing and Urban Development shall have access to any
books, documents, papers and records of the Provider that are directly pertinent to
this Agreement for the purpose of making audits, examinations, excerpts and
transcriptions. The Provider shall comply with the requirements and standards of
OMB Circular No. A-122, "Cost Principles for Non-profit Organizations", or
OMB Circular No. A-21, "Cost Principles for Educational Institutions" as
applicable. The Provider shall comply with the following provisions of the
Uniform Administrative requirements ofOMB Circular A-I 10 (implemented at
24 CFR Part 84, "Uniform Administrative Requirements for Grants and
Agreements With Institutions of Higher Education, Hospitals, and Other Non-
Profit Organizations") or the related CDBG provision, as specified in this
paragraph:
a. Subpart A - "General";
b; Subpart B - "Pre-Award Requirements", except for 384.12, "Forms for
Applying for Federal Assistance";
c. Subpart C- "Post-Award Requirements", except for:
(1) Section 84.22, "Payment Requirements" - Grantees shall follow the
standards 0f33 85.20(b)(7) and 85.21 in making payments to sub-
recipients;
(2) Section 84.23, "Cost Sharing and Matching";
(3) Section 84.24, "Program Income" - In lieu of3 84.24, CDBG sub-
recipients shall follow 3 570.504;
(4) Section 84.25,"Revision of Budget and Program Plans";
(5) Section 84.32, "Real Property" - In lieu of 384.32, CDBG sub-
recipients shall follow 3 570.505;
(6) Section 84.34(g), "Equipment" - In lieu of the disposition provisions
of 3 84.34(g), the following applies:
a. In all cases in which equipment is sold, the proceeds shall be
program income (pro-rated to reflect the extent to which CDBG
funds were used to acquire the equipment); and
b. 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;
(7) Section 84.5 1 (b), (c), (d), (e), (0, (g), and (h), "Monitoring and
Reporting Program Performance";
(8) Section 84.52, "Financial Reporting";
(9) Section 84.53(b), "Retention and access requirements for records".
Section 84.53(b) applies with the following exceptions:
a. The retention period referenced in 3 84.53(b) pertaining to
individual CDBG activities shall be four years; and
b. The retention period starts from the date of submission of the
annual performance and evaluation report, as prescnbed in 24
CFR 91.520, in which the specific activity is reported on for the
final time rather than from the date of submission of the fmal
expenditure report for the award;
(10) Section 84.61, "Termination" - In lieu of the provisions oh 84.61,
CDBG subrecipients shall comply with 3 570.503(b)(7); and
d. Subpart D - "After-the-Award Requirements" - except for 3 84.71,
"Closeout Procedures".
Section 18. Sponsorships: The Provider 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 Provider
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
"CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS ADMINISTERED BY THE
NEIGHBORHOOD SERVICES DEPARTMENT"
shall appear in the same size letters or type as the name of the Provider.
Section 19. Examination of Records: The Provider shall maintain sufficient records in
accordance with 24 CFR 570.502 and 570.506 to detennine 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:
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.
c. How the Statutory National Objective(s) as defined in 24 CFR 570.208
and the eligibility requirement(s) WIder 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 writteit Agreements with beneficiaries, where
applicable.
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 four (4) years after expiration of this Agreement,
with the following exception: if any litigation, claim or audit is started before the
expiration date of the four year period, the records will be maintained Wltil 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 .
aspty and/or Federal Government representatives may deem necessary, the
Provider shall make available all records, documentation, and any other data
relating to all matters covered by the Agreement for review, inspection or audit.
Audits shall be conducted annually and shall be submitted to the City 180 days
after the end of the Provider's fiscal year. The Provider shall comply with the
req)Jirements and standards ofOMB A-133, "Audits of Institutions of High
Education and Other Non-Profit Institutions" (as set forth in 24 CFR Part 45), or
OMB Circular A-128, "Audits of State and Local Governments" (as set forth in 24
CFR Part 44), 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 closeout.
Section 21. IndemnitlcationlInsurance Requirements: The Provider 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 Provider or any of its
agents, officers, servants, employees, conlractors, patrons, guests, clients,
licensees or invitees pursuant to this Agreement and/or the Program. The
Provider 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 (including attorney's fees) and judgements which may issue
thereon. This Indenmification shall survive the termination and/or expiration of
terql of this Agreement.
The Provider 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 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 City
Administration.
The Provider 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. The policy must
include coverage for contractual liability to cover the above
indenmification.
b. Worker's Compensation and Employers Liability, as required pursuant to
Florida Statute.
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 $500,000.
d. The City of Miami Beach shall be named as an additional insured under
all such insurance contracts and City of Miami Beach Resolution No.
2003-25305 shall be referenced in the certificate.
e. Thirty- (30) day written notice of cancellation or substantial modification
of the insurance coverage must be given tothe City's Risk Manager by the
Provider and his/her insurance company;
f. 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, 01dwick, New
Jersey, or its equivalent, subject to the approval of the City's Risk
Manager.
g. 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.
All insurance required by this section of the Agreement shall be and remain in full
force and effect for the entire term of the Agreement and/or throughout the
duration of the Project, whichever is greater, and each certificate or policy shall
carry the provision that the insurance shall not terminate, lapse or otherwise
expire, prior to thirty (30) days written notice to that effect, given by the insurance
carrier to the City, and that the insurance carrier will not invoke the defense of
performance of a governmental function by the Provider in performing this
contract.
Compliance with the foregoing requirements shall not relieve the Provider of the
liabilities and obligations under this Section or under any other portion of this
Agreement. The City shall have the right to obtain from the Provider specimen
copies of the insurance policies, in the event that submitted Certificates of
Insurance are inadequate to ascertain compliance with required coverage. All of
Provider's certificates, above, shall contain endorsements providing that written
notice shall be given to the City at least thirty (30) days prior to termination,
cancellation or reduction in coverage of the policy.
Section 22. ConUict 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 Federal, State, County and City of
Miami Beach statutes, regulations, ordinances or resolutions 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 23. Venue: This Agreement shall be enforceable in Miami-Pade County, Florida, and
ifIegaI action is necessary by either party with respect to the enforcement of any
or all of the terms or conditions herein, exclusive venue for the enforcement of the
same shall lie in Miami-Dade County, Florida.
Section 24. Notices: All notices required under this Agreement shall be sent to the parties at
the following address, with copies to the Office of the City Attorney:
City:
Joanna Revelo, Director
Housing and Community Development Division
Neighborhood Services Department
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Provider:
Gladstone Phillips, Executive Director
Log Cabin Enterprises, Inc.
8128 Collins Avenue
Miami Beach, FL 33141
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 $1 0,000. Provider hereby
expresses its willingness to enter into this Agreement with Provider's recovery
from the City for any damage action for breach of contract to be limited to a
maximum amount of $10,000, less the amount of all funds actually paid by the
City to Provider pursuant to this Agreement.
Accordingly, Provider hereby agrees that the City shall not be liable to Provider
for damages in an amount in excess of$lO,OOO, 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.
This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors and assigns.
In witness thereof, the parties hereto have' executed or caused to be executed by their duly
authorized officials, this Agreement in three (3) copies, each of which shall be deemed an original
on the date first above written.
A'ITEST:
~rr~
CITY CLERK
OF MIAMI BEACH, FLORIDA
LOG CABIN ENTERPRISES, INC.
if!IJ
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ss:
GladstonePhlIliDS. Executive Director
NAME AND TITLE OF AUTHORIZED
SIGNATORY
P,INEIGlHSG-CDIMBRCYICONT1lACTS\03.04\Loa CabiAICDBG_doc
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
CDBG AGREEMENT
October 1, 2003 to September 30, 2004
ATTACHMENT I
STATEMENT OF WORK AND GOALS
DESCRIPTION OF PROGRAM
To provide funding for a nursery business program at a facility for the developmentally disabled that
creates and/or retains 50 low- and moderate-income jobs. In addition, this activity will retain
approximately $200,000 in anticipated program income.
Log Cabin Enterprises; Inc. serves developmentally disabled citizens throughout our community. The
developmentally disabled consumers work on site and are trained on skills promoting independence. The
Log Cabin Nursery is a retail nursery and the monies it receives through sales, grants and donations helps
fund operations and pay a stipend to each consumer on a biweekly basis. Log Cabin Enterprises provides
independent living skills training, supported employment training and transportation services for the
developmentally disabled attending the program.
PROGRAM GOALS.AND MEASURABLE OUTCOMES
1. Monitor clients'progress regularly and process new clients as necessary.
2. Seek new employers for developmentally disabled adults.
3. Promote program through ongoing fundraising and advertising efforts.
4. Write grants for additional grant funds to support the program.
SCHEDULE FOR IMPLEMENTATION
Goal 1012003 1112003 1212003 1/2004 212004 3/2004 4/2004 5/2004 6/2004 712004 8/2004 9/2004
1 X X X X X X X X X X X X
2 X X X X X X X X X X X X
3 X X X X X X X X X X X X
4 X X X X X X X X X X X X
F:\NEIOIHSG-CDIMIlRCY\CONTRACTS\03-<l4\Loa CabmIAttacbment [.doc
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CDBGAGREEMENT
October 1, 2003 to September 30, 2004
ATfACHMENT IT
BUDGET SUMMARY SHEET
Project Name: Los! Cahill Plant Nune"
FundiDg Year: 200312004
Date Submitted: June 25. 2003
Provider Name: Lol! Cahill EnterDrises. Ine
Category Category Breakdown CDBGIESG Other Funds Other Funding Total Funds
Number Funds Sources
Sales Revenue,
1 Salaries and Benefits $60,000 $98,800 Grants, and $158,800
Fundraisin
Sales Revenue,
2 Outside Services $0 $12,000 Grants, and $12,000
Fundrais.
Sales Revenue,
3 Other Operating Expenses $0 $271,200 Grants, and $271,200
Fundraisin
Total CDBGIESG Funds
$60,000
Total Other Funds
Grand Total
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CDBG AGREEMENT
BUDGET ITEMIZATION SHEET
Project Name: Loll Cabin Plant Nursery
Provider Name: Loll Cabin Entenuises. Ine:
Fwlding Year: 200312004
Date Submitted: June 25.2004
Category Amount
Category Category Breakdown CDBGIESG Other Fonds Total Funds
Number Fonds
1 Employee Wages (Client Employee Stipend) $42,000 $18,800 $60,800
(Average of39 clients approximately $5,067 per
month)
1 PayroU Taxes $0 $11,000 $11,000
1 Worken' Compensation Insurance $0 $5,000 $5,000
1 2 Support Crew Supervison
Partial Salary-Average oUO hn per week@ $18,000 $9,000 $27,000
13.00 per hour
1 Sales Employees Wages (4 part time Employees $0 $55,000 $55,000
Average 20 hrs per week @ 8.00 per hr- 2 Full-Time
EmDloyees
Total Amount 560,000 598,800 5158,800
Page 2 of2
.
".
CDBG AGREEMENT
BUDGET ITEMIZATION SHEET
Projed: Name: Lot! Cabin PI..t Nursery
Provider Name: Lot! Cabin Entemrises. Ine
FuacliDg Year: 200312004
Date Submitted: JURe 25. 2003
Cateflorv Amount
Category Category Breakdown CDBGJESG Other Funds Total Funds
Number Funds
2 Outside Services $0 $12,000 $12,000
.
,
Total Amount SO S12,OOO SI2,OOO
Page 3 of3
,
{.i _
BUDGET ITEMIZATION SHEET
Project Name: Lot! Cabin Plant Nurserv
Provider Name: LoR: CabiD EDtel'Drises. Ine
Funding Year: 200312004
Date Submitted: June 25. 2003
Cateaory Amount
Category Category Breakdown CDBGIESG Other Funds Total Funds
Number Funds
3 Other Operating Expenses $0 $0 $271,200
Total Amount $0 $0 $271,200
Page 5 of 5
"
",
CDBGAGREEMENT
BUDGET ITEMIZATION SHEET
Project Name: Lot! Cabin Plant Nurserv
Provider Name: Lot! Cabin Enterorises. IDe
Funding Year: 200311004
Date Submitted: June 25.2003
CaICKUCY Amount
Category Category Breakdown CDBGIESG Other Funds Total Funds
Number Funds
3 Costs of Plants $0 $200,000 $200,000
3 Nursery Supplies $0 $12,000 $12,000
3 Advertising $0 $12,000 $12,000
3 EdueanonalSupplies $0 $5,000 $5,000
3 OtIler Insurance $0 $8,000 $8,000
3 0fIiee Expenses $0 $2,000 $2,000
3 Fund Raising $0 $5,000 $5,000
3 Utilities ($7,000 Electric I $8,000 Water) $0 $15,000 $15,000
3 Other Operating Expenses $0 $6,200 $6,200
3 Accounting $0 $5,000 $5,000
3 Transportation ($800 Gas I $200 Mileage) $0 $1,000 $1,000
...., ;:;
5! c;
- a;
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Total Amount SO S271,200 !.- $2~,200 "
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Page 4 of4
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CDBG AGREEMENT
ESTIMATED PROGRAM INCOME
Project Name: Lot: Cabin Plant Nursery
Provider Name: Lot: Cabin EDtemrises. IDe
Funding Year: 1003/2004
Date Submitted:
Category Category Breakdown Souree (s) ofFuds Amount
Number
1 Salaries & Benefits Sales Revenue, Grants, and $158,800
Fundraising
1 CousultaDts aDd CODtraet Services Sales Revenue, Grants, and $12,000
Fundraising
3 Other Operating Expenses Sales Revenue, Grants, and $271.200
Fundraising
Total Estimated Program Income $441,000
Page 6 of 6
CDBG AGREEMENT
October 1, 2003 to ~eptember 30, 2004
ATTACHMENT m
GUIDELINES FOR FINANCIAL MANAGEMENT OF CDBG-FUNDED ACTIVITIES
FINANCIAL MANAGEMENT SYSTEM
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 fmancial 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
items:
of expenditure. They normally include the following
. Salaries (should be supported by proper d entation in personnel files of hire date, position,
duties, compensation, raises with effective da ,termination date, and similar type information. Non-
exempt employees are required by law to co letea timesheet showing number of hours they worked
during the day. All employees paid in whole in part from CDBG funds should prepare a time sheet
indicating the hours worked on CDBG projec for each pay period. Based on these time sheets and
. the hourly payroll costs for each employee, a oucher statement indicating the distribution of payroll
charges should be prepared and placed in the ppropriate files.)
. Employee Benefits (should be supported by ersonnel policies and procedures manual, describing
the types of benefits, eligibility and other rele t information.)
. ProCessional Services (should be supported a complete and signed copy of the contract between
the organization and the independent contract ,describing at the minimum, period of service, type of
service and method for payments, in addition 0 the invoice from the private contractor.)
. Purchases (at a minimum, purchases should supported by a purchase order, packing list and
vendor invoice. Credit card statements, trave itineraries, vendor statements, and similar items do not
represent support for an expense.)
RECORDS
Accounting records must be supported by source ocumentation. Invoices, bills oflading, purchase
vouchers, payrolls and the like must be secured a d retained for four years in order to show for what
F:\NEIG\HSG-CDIMERCY\Attachmcnl III CDBG.doc
P ge 1 of2
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 four years, with access guaranteed to the City, to HUD or Treasury officials or their
representative.
AUDITS
For years beginning after June 30, 1996, all nonprofit organizations, state governments, and local
governments that receive Federal funding fall under the revised OMB Circular A-133, Audits of States,
Local Governments, and Nonprofit Organizations. Non-Federal entities that expend $300,000 or more in
a year in Federal awards must have a single or program-specific audit.
One copy of the sub-recipient or vendors' audited financial statement shall be submitted to the City
immediately following the end of the fiscal year(s) during which CDBO funds are received.
All auditees must submit to the Federal Audit Clearinghouse (pAC) a data collection foim (Form SF-
SAC) and reporting package upon completion of the annual audit in accordance with OMB Circular A-
133. The deadline for this submission is the earlier of the 30 days after receipt of the auditor's report(s),
or nine months after the end of the audit period, unless a longer period is agreed to in advance by the
, cognizant or oversight agency for the audit. Address for submission is:
The Federal Audit Clearinghouse
1201 E. 10th Street
Jeffersonville, IN 47132
Phone (301) 457-1551 or (800) 253-0696
Email: 1l.0v.fac(a)census.jJov
Web: httD://harv'ester.census.ll.Ov/sac
REQUESTS FOR PAYMENTS
Payments to sub-recipients will be on a reimbursement basis. Requests are to be submitted utilizing the
enclosed financial status, client profile, and narrative report forms, in a format consistent with the
approved budget as shown in Attachment II, including an analysis of expenses to budget. A cash advance
may be available upon special request. All requests must be submitted to:
Joanna Revelo, Director
Housing and Community Development Division
City of Miami Beach
Neighborhood Services Department
1700 Convention Center Drive
Miami Beach, Florida 33139
F:\NEIGIHSG-CDIMERCY\Auschment III CDBG.doc
Page 2 of2
., ,
-
-
ICMB Budget Account 134.5654.000345 I MonthIYearl
CITY OF MIAMI BEACH
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FINANCIAL STATUS REPORT
~
Provider: Log Cabin Enterprises, Inc.
Reporting Period:
Project Name: Log Cabin Nursery
Date Submitted:
CDBG Year 29
FY 200312004 $60,000
Budget Amount
Month This Month Year to Date Balance
Oct-03 $ - $ - $ 60,000.00
Nov-03 $ - $ - $ 60,000.00
Dec-03 $ - $ - $ 60,000.00
Jan-04 $ - $ - $ 60,000.00
Feb-04 $ - $ - $ 60,000.00
Mar-04 $ - $ - $ 60,000.00
Apr-04 $ - $ - $ 60,000.00
May-04 $ - $ - $ 60,000.00
Jun-04 $ - $ - $ 60,000.00
Jul-04 $ - $ - $ 60,000.00
Aug-04 $ - $ - $ 60,000.00
Sep-04 $ - $ - $ 60,000.00
This Request
I
Attached you will find original invoiCes or canceled checks plus copies of paid invoices to substantiate
the above expenditures. I certify that all goods and services have been received, that they all fall within
the contractual scope of services and budget, and that these costs have not been paid previously by any
other funding source. I certify that substantially all program income received has been disbursed or will
be disbursed within 3 days of this request, in accordance with the provisions at 24 CFR 570.504 and that
the amount of this request is additionally needed to pay invoices as listed.
Authorized Signature
Name and Title of Person Submitting Report
-
CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
MONTHLY NARRATIVE AND CLIENT PROFILE REPORT
Project Name: Loll Cabin Nurserv
Date Submitted:
Signature:
Provider: Loll Cabin Enterprises.. Inc.
Reporting Period:
Person Submitting Report:
Please complete the following reports for activities undertaken during this month's reporting period. If reporting for more than .
one activity, provide a separate progress and client profile report for each distinct activity.
I, Monthly Progress Report - Please document the progress achieved during this month towards the project goals and
measurable outcomes that were outlined in the Schedule for Implementation of the Statement of Work and Goals
(Attachment I of the Agreement.)
Month Goal
Met Not Met
October
November
December .
January
February
March
Month Goal
Met Not Met
Anril
Mav
June
Julv
Aul!llSl
September ,
In the space below, describe any problem, which may have affected your perfonnance during the reporting period. Attach
additional pages, if necessary and describe any special circumstance encountered, recognition or award received during the
reporting period.
ll. Client Profile Report
Month Clients Income Range Ethnicity Female Special
, HOH Needs3
New YTD' 50% 80% White Not Black Not Hispanic American AsianlPacific
lVL02 I1.M) 2 Hisoanic Hispanic Indian Islander/Other .
Oct.
Nov.
Dec.
Jan. ,
Feb.
March
Anril
Mav
June .
July
AUR.
Sent.
Total
Notes: (I) YTD indicates Year to Date. This number equals prior monthly figures + current monthly figures. (2) VLI indicates very-low
~come. LMindicates low/moderate-income. (3) Special Needs includes elderly/frail elderly persons, persons with AIDS, persons with
dISabilities, homeless persons, and families participating in programs to achieve econoJ!!ic self-sufficiency,
P,\NEIG\HSG.CD\MI!RCYICONTRACTS\034IILoa ~\FroarcII1top CHcrIl Pn>tl.doc
CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
MONTHLY NARRATIVE AND PROJECT ACCOMPLISHMENTS REPORT
Project Name: LOll: Cabin Nurserv
Date Submitted:
Signature:
Provider: LOll: Cabin Enterorises. mc,
Reporting Period:
Person Submitting Report:
Please complete the following reports for activities undertaken during this month's reporting period. If reporting for more than
one activity, provide a separate progress and client profile report for each distinct activity.
I. Monthly Progress Report - Please document the progress achieved during this month towards the project goals and
measurable outcomes that were outlined in the Schedule for Implementation of the Statement of Work and Goals
(Attachment I of the Agreement)
Goal
Month Met Not Met
October
November
December
Januarv
Februarv
March
Goal
Month Met Not Met
April
May
June
Julv
AUllUSt
September
In the space below, explain any problems, which may have affected your performance during the reporting period. Attach
additional pages, if necessary, to descn'be any special recognition, awards and circumstances encountered during the
reporting period.
n. Project Accomplishments to Date - Fill in amounts as appropriate.
Pereental!:e (%) of Comnletion Number of
Month Feet of Public Public Facilities Businesses! Housing Units LMI Jobs
Utilities Organizations Completed Created and/or
Assisted Retained
October
November , , .
December
Januarv
Februarv
March
April
May
June
July
AUl!:USt
SePtember
F:\NEIG\HSG-CD\MERCY\CONTRACTS\03-04\Log Cabin\Progress Rep Accomp\.doc
CDBG AGREEMENT
October 1, 2003 to September 30, 2004
ATI'ACHMENT IV
APPLICABLE FEDERAL REGULATIONS
I. NON-DISCRIMINATION AND EQUAL ACCESS
No person in the United States shall on the grounds of race, color, national origin, religion or sex
be excluded, denied benefits or subjected to discrimination under any program funded in whole or
in part by CDBG funds. The Provider must take measures to ensure non-discriminatory
treatment, outreach and access to program resources. This applies to employment and
contracting, as well as to marketing and selection of program participants.
Fair Housing and Equal Opportunity
The Provider must comply with all the following Federal laws, executive orders and regulations
pertaining to fair housing and equal opportunity. They are summarized below:
. Title VI of the Civil Rights Act of 1964. As Amended (42 USC 2000d et seq. ): States that no
person may be excluded from participation in, denied the benefits of, or subjected to
discrimination under any program or activity receiving Federal financial assistance on the
basis ofrace, color or national origin. The regulations implementing the Title VI Civil Rights
Act provisions for HUD programs may be found in 24 CFR Part 1.
. The Fair Housimz Act (42 USC 3601-3620): Prohibits discrimination in the sale or rental of
housing, the financing of housing or the provision of brokerage services against any person
on the basis of race, color, religion, sex, national origin, handicap of familial status. Fair
Housing Act implementing regulations may be found in 24 CFR Part 100-115.
. Eaual Oooortunity in Housing (Executive Order 11063. as amended bv Executive Order
12259): Prohibits discrimination against individuals on the basis of race, color, religion, sex
or national origin in the sale, rental, leasing or other disposition of residential property, or in
the use or occupancy of housing assisted with Federal funds. Equal Opportunity in Housing
regulations may be found in 24 CFR Part 107.
. Age Discrimination Act of 1975, As Amended (42 USC 6101): Prohibits age discrimination
in programs receiving Federal financial assistance. Age Discrimination Act regulations may
be found in 24 CFR Part 146.
. Section 109 of Title I of the Housing and Community Develooment Act of 1974: Requires
that no person shall be excluded from participation in, denied the benefits of, or be subjected
to discrimination under any program or activity funded with CDBG funds on the basis of
race, color, religion, national origin or sex.
Affirmative Marketing
The Provider must adopt affirmative marketing procedures and requirements for an CDBG-
assisted housing with five or more units. Requirements and procedures must include:
. Methods for infonning the public, owners and potential tenants about fair housing laws and
the Provider's policies (for example: use of the Fair Housing logo or equal opportunity
language);
. ' A description of what owners and/or the Provider win do to affirmatively market housing
assisted with CDBG funds;
Page 1 of7
. A description of what owners and/or the Provider will do to inform persons not likely to
apply for housing without special outreach;
. Maintenance of records to document actions taken to affirmatively market CDBG-assisted
units and to assess marketing effectiveness; and
. A description of how efforts will be assessed and what corrective actions will be taken where
requirements are not met.
Handicapped Accessibility
The CDBG regulations also require adherence to the three following regulations governing the
accessibility of Federally assisted buildings, facilities and programs.
. Americans with Disabilities Act (42 USC 12131: 47 USC 155.201. 218 and 225): Provides
comprehensive civil rights to individuals with disabilities in the areas of employment, public
accommodations, state and local government services and telecommunications. The Act, also
referred to as the ADA, also states that discrimination includes the failure to design and
construct facilities (built for first occupancy after January 26, 1993) that are accessible to and
usable by persons with disabilities. The ADA also requires the removal of architectural and
communication barriers that are structural in nature in existing facilities. Removal must be
readily achievable, easily accomplishable and able to be carried out without much difficulty
or expense.
. Fair Housinl!: Act: Multi-family dwellings must also meet the design and construction
requirements at 24 CFR 100.205, which implement the Fair Housing Act (42 USC 3601-19)
. Section 504: Section 504 of the Rehabilitation Actof 1973 prohibits discrimination in
federally assisted programs on the basis of handicap. Section 504 imposes requirements to
ensure that "qualified individuals with handicaps" have access to programs and activities that
receive Federal funds. Under Section 504, recipients and subrecipients are not required to
take actions that create unique financial and administrative burdens or after the fundamental
nature ofthe program. For any Provider principally involved in housing or social services, all
of the activities of the agency -- not only those directly receiving Federal assistance -- are
covered under Section 504. Contractors or vendors are subject to Section 504 requirements
only in the work they do on behalf of the Provider or the City. The ultimate beneficiary of
the Federal assistance is not subject to Section 504 requirements.
. The Architectural Barriers Act of 1968 (42 USC 4151-4157): Requires certain Federal and
Federally-funded buildings and other facilities to be designed, constructed or altered in
accordance with standards that ensure accessibility to, and use by, physically handicapped
people.
n. EMPLOYMENT AND CONTRACTING
The Provider must comply with the regulations below governing employment and contracting
opportunities. These concern equal opportunity, labor requirements and contracting/procurement
procedures.
Equal Opportunity
The Provider must comply with the following regulations that ensure equal opportunity for
employment and contracting.
. Equal Enmlovrnent Oooortunitv. Executive Order 11246. as amended: Prohibits
discrimination against any employee or applicant for employment because of race, color,
religion, sex or national origin. Provisions to effectuate this prohibitio~ must be included in
Page 2 of7
all construction contracts exceeding $ I 0,000. Implementing regulations may be found at 41
CFR Part 60.
. Section 3 ofthe Housinsz and Urban Development Act of 1968: Requires that, to the greatest
extent feasible, opportunities for training and employment arising from CDBG funds will be
provided to low-income persons residing in the program service area. Also, to the greatest
extent feasible, contracts for work (all types) to be performed in connection with CDBG will
be awarded to business concerns that are located in or owned by persons residing in the
program service area.
. MinoritvIWomen's Business Enterorise: Under Executive Orders 11625, 12432 and 12138,
the City and the Provider must prescribe procedures acceptable to HUD for a minority
outreach program to ensure the inclusion, to the maximum extent possible, of minorities and
women, and entities owned by minorities and women, in all contracts (see 24 CFR 85.36(e)).
Labor Reqnlrements
The Provider must comply with certain regulations on wage and labor standards. In the case of
Davis-Bacon and the Contract Work Hours and Safety Standards Acts, every contract for
construction (in the case of residential construction, projects with eight or more units) triggers the
requirements.
. Davis-Bacon and Related Acts (40 USC 276(A)-7): Ensures that mechanics and laborers
employed in construction work under Federally-assisted contracts are paid wages and fringe
benefits equal to those that prevail in the locality where the work is performed. This act also
provides for the withholding of funds to ensure compliance, and excludes from the wage
requirements apprentices enrolled in bona fide apprenticeship programs.
. Contract Work Hours and Safety Standards Act. as amended (40 USC 327-333): Provides
that mechanics and laborers employed on Federally-assisted construction jobs are paid time
and one-half for work in excess of 40 hours per week, and provides for the payment of
liquidated damages where violations occur. This act also addresses safe and healthy working
conditions.
. Cooeland (Anti-Kickback) Act (40 USC 276c): Governs the deductions from paychecks that
are allowable. Makes it a criminal offense to induce anyone employed on a Federally
assisted project to relinquish any compensation to which he/she is entitled, and requires all
contractors to submit weekly payrolls and statements of compliance.
. Fair Labor Standards Act of 1938. As Amended (29 USC 201. et. sea.): Establishes the basic
minimum wage for all work and requires the payment of overtime at the rate of at least time
and one-half. It also requires the payment of wages for the entire time that an employee is
required or permitted to work, and. establishes child labor standards.
Contracting and Procurement Practices
The CDBG program is subject to certain Federal procurement rules. In addition, the City and the
Provider must take measures to avoid hiring debarred or suspended contractors or subrecipients
and conflict-of-interest situations. Each is briefly discussed below.
. Procurement: For the City, the procurement standards of 24 CFR 85.36.apply. Fornon-profit
organizations receiving CDBG funds, the procurement requirements at 24 CFR Part 84 apply.
. Conflict of Interest: The CDBG regulations require grantees (the City), state recipients and
subrecipients (the Provider) to comply with two different sets. of conflict-of-interest
provisions. The first set of provisions comes from 24 CFR Parts 84 and 85. The second,
Page 3 of7
which applies only in cases not covered by 24 CFR Parts 84 and 85, is set forth in the CDBG
regulations. Both sets of requirements are discussed below.
The provisions at 24 CFR 85.36 and 24 CFR 84.42 apply in the procurement of property
and services by grantees (the City), state recipients, and subrecipients (the Provider).
These regulations require the City and the Provider to maintain written standards
governing the performance of their employees engaged in awarding and administering
contracts. At a minimum, these standards must:
Require that no employee, officer, agent of the City or the Provider shall participate
in the selection, award or administration of a contract supported by CDBG if a
conflict-of-interest, either real or apparent, would be involved;
Require that employees, officers and agents of the City or the Provider not accept
gratuities, favors or anything of 'monetary value from contractors, potential
contractors or parties to subagreements; and
" Stipulate provisions for penalties, sanctions or other disciplinary actions for
violations of standards.
A conflict would arise when any of the following has a financial or other interest in a
firm selected for an award:
An employee, agent or officer of the City or the Provider;
Any member of an employee's, agent's or officer's immediate family;
An employee's, agent's or officer's partner; or
An organization that employs or is about to employ an employee, agent or officer of
the City or the Provider.
The CDBG regulations at 24 CFR 570.611 governing conflict-of-interest apply in cases
not covered by 24 CFR 85.36 and 24 CFR 84.42. These provisions cover employees,
agents, consultants, officers and elected or appointed officials of the grantee (the City),
state recipient or subrecipient (the Provider). The regulations state that no person
covered who exercises or has exercised any functions or responsibilities with respect to
CDBG activities or who is in a position to participate in decisions or gain inside
information:
May obtain a financial interest or benefit from a CDBG activity; or
Have an interest in any contract, subcontract or agreement for themselves or for
persons with business or family ties.
This requirement applies to covered persons during their tenure and for one year after
leaving the grantee (the City), the state recipient or subrecipient (the Provider) entity.
Upon written request, exceptions to both sets of provisions may be granted by HUD on a
case-by-case only after the City has:
Disclosed the full nature of the conflict and submitted proof that the disclosure has
been made public; and
Provided a legal opinion from the City stating that there would be no violation of
state or local law if the exception were granted.
· Debarred contractors: In accordance with 24 CFR Part 5, CDBG funds may not be used to
directly or indirectly employ, award contracts to or otherwise engage the services of any
contractor or subrecipient during any period of debarment, suspension or placement of
ineligibility status. The City should check all contractors, subcontractors, lower-tier
Page 4 of7
contractors or subrecipients against the Federal publication that lists debarred, suspended and
ineligible contractors.
DI. ENVIRONMENTAL REQUIREMENTS
The City is responsible for meeting a number of environmental requirements, including
environmental reviews, flood insurance, and site and neighborhood standards.
Environmental Review
The City is responsible for undertaking environmental reviews in accordance with the
requirements imposed on "recipients" in 24 CFR 58. Reviews must be completed, and Requests
for Release of Funds (RROF) submitted to HUD before CDBG funds are committed for non-
exempt activities. Private citizens and organizations may object to the release of funds for CDBG
projects on certain procedural grounds relating to environmental review (see 24 CFR 58.70-
58.77). To avoid challenges, grantees (the City) and subrecipients (the Provider) should be
diligent about meeting procedural requirements.
Flood Insurance
Section 202 of the Flood Disaster Protection Act of 1973 (42 USC 4106): Requires that CDBG
funds shall not be provided to an area that has been identified by the Federal Emergency
Management Agency (FEMA) as having special flood hazard, unless: The community is
participating in the National Flood Insurance Program, Qr it has been less than a year since the
community was designated as having special flood hazards; and Flood insurance is obtained.
IV. LEAD-BASED PAINT
On September 15, 1999, the "Requirements for Notification, Evaluation and Reduction of Lead-
Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal
Assistance; Final Rule" was published within title 24 of the Code of Federal Regulations as part
35 (24 CFR 35). The regulation was issued under sections 1012 and 1013 of the Residential
Lead-Based Paint Hazard Reduction Act of 1992, which is Title X (ten) of the Housing and
Community Development Act of 1992. Sections 1012 and 1013 of Title X amended the Lead-
Based Paint Poisoning Prevention Act of 1971, which is the basic law covering lead-based paint
in federally associated housing. .
The regulation sets hazard reduction requirements that give much greater emphasis to reducing
lead in house dust. Scientific research has found that exposure to lead in dust is the most
common way young children become lead poisoned. Therefore, the new regulation requires dust
testing after paint is disturbed to make sure the home is lead-safe. Specific requirements depend
on whether the housing is being disposed of or assisted by the federal government, and also on
the type and amount of financial assistance, the age of the structure, and whether the dwelling is
rental or owner occupied.
PROPERTY EXEMPT FROM LEAD-BASED PAINT REGULATION.
· Housing built since January 1, 1978, when lead paint was banned for residential use
· Housing exclusively for the elderly or people with disabilities, unless a child under age 6 is
expected to reside there
· Zero-bedroom dwellings, including efficiency apartments, single-roorn occupancy housing,
dormitories or military barracks
· Property that has been found to be free of lead-based paint by a certified lead-based paint
inspector
· Property where all lead-based paint has been removed
Page 5 of7
.. .
. Unoccupied housing that will remain vacant until demolished
. Non-Residential property
· Any rehabilitation or housing improvement that does not disturb a painted surface
TYPES OF HOUSING SUBJECf TO 24 CFR 35
. Federally-Owned housing being sold
· Housing receiving a federal subsidy that is associated with the property, rather than with the
occupants (project-based assistance)
. Public housing
· Housing occupied by a family (with a child) receiving tenant-based subsidy (such as a
voucher or certificate)
· Multifamily housing for which mortgage insurance is being sought
· Housing receiving federal assistance for rehabilitation, reducing homelessness, and other
special needs
If you want copies of the regulation or have general questions, you can call the National Lead
Information Center at (800) 424-LEAD, or TDD (800) 526-5456 for the hearing impaired. You
can also download the regulation and other educational materials at
http://www.hud.l!ov/offices/lead/index.cfm. For further information, you may call HUD at (202) 755-
1785, ext. 104, or e-mail HUD at lead rel!Ulations(@'hud.gov.
V. DISPLACEMENT, RELOCATION, ACQUISITION AND REPLACEMENT OF
HOUSING
CDBG projects involving acquisition, rehabilitation or demolition may be subject to the
provisions of the Uniform Relocation Act (UDA). Demolition or conversion of units with CDBG
funds may trigger section 104 (d) (also known as the "Barney Frank Amendment" requirements.)
VI. COMPLIANCE WITH NATIONAL OBJECTIVE
The Provider will ensure and maintain evidence that activities assisted with CDBG funds from
the City of Miami Beach comply with the primary National Objective, "Benefit to Low and
Moderate Income Persons" and will 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. Individuals who are unrelated but
are sharing the same household shall each be considered as one-person households.
Low and Moderate Household Income Limits (Effective 12/10/2001) (Source: U.S.
Department of Housing & Urban Development) (Note: Low-Income (80% of Median Income),
Very Low-Income (50 % of Median Income) Median Family Income FY 2002: $48,200)
Household Size 30% of Median Very Low-Income Low-Income
1 Person $10,100 $16,850 $27,000
2 Person $11,550 $19,300 $30,850
3 Person $13,000 $21,700 $34,700
4 Person $14,450 $24,100 $38,550
5 Person $15,600 $26,050 $41,650
6 Person $16750 $27,950 $44,750
7 Person $17,950 $29,900 . $47,800
8 Person $19,100 $31,800 $50,900
Page 6 of7
. Il I
LOW/MODERATE INCOME DATA
SOUTHERN TARGET AREA
Censns Tract Total IJM Persons Total Persons % Low/Mod
40.00-5 310 448 69.20
41.01-1 614 757 81.11
41.01-2 2,137 4,002 53.40
41.01-3 810 1,511 53.61
42 10,042 13,736 73.11
43 6,728 9,582 70.21
44 10,774 13,244 81.35
45 1,768 2,307 76.64
TOTAL 33,183 45.587 730/0 L/M
NORTHERN TARGET AREA
Censns Tract Totai IJM Persons Total Persons % Low/Mod
39.01-1 603 1,036 58.20
39.01-2 620 836 74.16
39.01-3 407 468 86.97
39.01-4 518 772 67.10
39.01-5 1,593 . 2,256 .70.61
39.01-6 1,581 2,240 70.58
39.02-1 704 897 78.48
39.02-2 876 1,187 73.80
39.02-3 211 211 100.00
39.02-4 1,564 2,097 74.58
39.05-2 2,408 3,346 71.97
39.05-4 2.401 3,071 78.18
TOTAL 8.677 12,000 72% LIM
P,\NEJllIHSG-CDIMI!RCY\CONTRACJ1D3-D4WW:hmont IV CDBG.doc
Page 7 of7
.. I
ACKNOWLEDGEMENT/CERTIFICATION OF
ECONOMIC DEVELOPMENT ACTIVITIES
If the Provider will be using Commuuity Development Block Grant (CDBG) fnnds for an Economic
Development Activity, the following federal requirements must be acknowledged:
LOW/MODERATE INCOME JOBS
Criteria: A low/moderate job activity is one which creates or retains permanent jobs, at least 51 % of which
are taken bv low/moderate income persons or considered to be available to low/moderate income persons.
In counting lobs created or lobs retained. the following policies apply:
. Part-time jobs must be converted to full-time equivalents.
. Only permanent jobs count.
. Temporary jobs may not be included.
. Regardless of the sources of funding, aU permanent jobs created by the activity must be counted.
. Trickle-down jobs (jobs indirectlv created by the assisted activity) may not be counted.
For lobs retained. the following additional criteria apply:
. There is clear and objective evidence that permanent jobs will be lost without CDBG assistance.
Such evidence includes:
(a) a notice issued by the business to affected employees,
(b) a public announcement by the business, or
(c) relevant financial records.
. Retained jobs are considered to involve the employment oflow/moderate income persons if 51 %
of such jobs are known to be held by low/moderate income persons when CDBG assistance is
provided.
Jobs are considered to be available to low/moderate income persons when both the following conditions are
fulfilled:
. Special skills that can only be acquired with one or more years of training or work experience, or
education's beyond high school, are not a pre-requisite to fill such jobs, or else the business
nevertheless agrees to hire unqualified persons and train them; and
. The Provider ensures that the assisted business adheres to the principles of "first consideration"
by:
(a) using a hiring practice that in all likelihood will result in over 51% of those hired being
low/moderate income persons;
(b) seriously considering a sufficient number oflow/moderate income job applicants to meet
this intent;
(c) determining that the distance from the job applicant's residence is close to the job site or
that transportation is available to the job site.
RECORDS TO BE MAINTAINED
Page 1 on
I} \
Where the low/moderate income benefit is based on fob creation. the Provider's files must include the
documentation described in either (1) or (2) below:
1. For activities where at least 51 % of the jobs will be available to low/moderate income persons,
documentation for each assisted business must include a copy of a written agreement containing:
(a) A commitment by the business that it will make at least 51 % of the jobs available to
low/moderate income persons and will provide training for any of those jobs requiring
special skills or education; and,
(b) A listing by job title of the permanent jobs to be created, indicating which jobs will be
available to low/moderate income persons, which jobs require special skills or education,
and which jobs are part-time; and,
(c) A description of actions to be taken by the Provider and business to ensure that
low/moderate income persons receive "first consideration" for these jobs; and,
(d) A listing, by job title, of permanent jobs filled, and which jobs were available to
low/moderate income persons, as well as a description of how "first consideration" was
given to such persons for those jobs. The description must include what type of hiring
process was used; which low/moderate income persons were interviewed for a particular
job and which interviewees were hired.
2. For activities where at least 51 % of the jobs will be taken by low/moderate income persons,
documentation for each assisted business must include a copy of a written agreement containing:
(a) A commitment by the business that at least 51 % of the jobs, on a full-time equivalent
basis, will be taken bv low/moderate income persons and a listing by job title of the
permanent jobs created; and,
(b) A listing, by job title, of the permanent jobs filled and which jobs were initially held by
low/moderate income persons; and,
(c) Information on the size and annual income of the person's immediate family prior to the
low/moderate income person being hired for the job.
3. Where low/moderate income benefit is based on iob retention. the files must include the following
documentation:
(a) Evidence that jobs would be lost without CDBG assistance.
(b) A listing, by job title, of permanent jobs retained, indicating which of those jobs are part-
time and (if known) which are held by low/moderate income persons at the time the
assistance is provided.
(c) Identification of any retained jobs not already held by low/moderate income person which
are projected to become available to low/moderate income persons through job turnover
within two years of the time CDBG assistance is provided. (Job turnover projections
should also be included in the record.)
(d) Information on the size and annual income of the low/moderate income persons'
immediate family for each retained job claimed to be held by a lowlrnoderate income
person. Acceptable documentation on job applicant/employee family income includes
anyone 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
Page 2 of3
~ ,!- ).
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, offamilyincome
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.)
(iii) Evidence that job applicant/employee qualifies for assistance under another
program with income qualification criteria at least as restrictive as those used
by the CDBG program, such as referrals from the Job Training Partnership
Act (ITP A) Program, except for referrals under the ITP A Title ill Program
for dislocated workers.
ADDITIONAL CONSIDERATIONS
The Provider must prepare an "aoOfooriate" determination, previously known as a "Necessary and
Appropriate" determination, whenever CDBG assistance is provided for a private, for-profit entity' carrying out
economic development activities. It should be noted that the deletion of the term ''Necessary'', pursuant to
Section 105 (a) (17) of the Housing and Community Development Act of 1974, does not override the
requirements at 24 CFR 570.203 (b). This determination is to ensure that the amount of the financial
assistance is not excessive in light of the actual needs of the business and the expected public benefit.
Examples ofCDBG assistance are: grants, loans, loan guarantees, interest supplements, technical assistance or
another form except for those described as ineligible in CDBG Regulations 24 CFR 570.207. Ifno CDBG
assistance of a financial natnre is being provided for a private, for-profit entity, then the "necessary or
appropriate" determination would need to address the public benefits to be derived from assisting each
business but would not require a financial analysis of the business' need for the grant or loan.
I hereby acknowledge that I have read the specificreqnlrements for economic activities contained in
this Certificadon, and that, if my organization's project is an Economic Development Activity, eUgibllity
depends npon compliance with the reqnlrements contained in this document.
LOG CABIN ENTERPRISES, INC.
Q.{~.
~~A~ . r
GLADS -ro-VE ?i-t' Ll-I P5
'cxECV,' vc J>1.eGC-Toe...
NAMEffITLE OF SIGNATORY
19 {~/6;'
10-/S-03
DATE
F:INEIO\HSO.cOIMERCY\CONTRAcrs\03-04\Log Cabin\Eco Dev Attachmcnt.doc
Page 3 of3
" ~ to. ).
CERTIFICATION REGARDING LOBBYING
Name of Recipient:
CITY OF MIAMI BEACH
Grant Program Name:
LOG CABIN ENTERPRISES. INC.
COMMUNITY DEVELOPMENT BLOCK GRANT
Name of Sub-recipient:
Grant Nnmber:
B-03-MC-12-0014
CFDA Numberrritle:
14218/ COMMUNITY DEVELOPMENT BLOCK GRANT
/ If/s/ ~
Date:
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or any employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or any employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance
with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including sub-contracts, sub-grants, and contracts under
grants, loans, and cooperative agreements) and that all individuals receiving sub-awards shall
certify and disclose accordingly.
LOG CABIN ENTERPRISES. INC.
>?
/ Signature
IJ
I
-Y'
j ~rI) Jos
Date '
()
GLADSToNE 71-/1 LL( Ps
Print Name of Authorized Signatory
E"cC;CV/lvi: bild..Cf1.-'Toe.
Print Title of Authorized Signatory
Page 1 ofl
" t) ~
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REOUIREMENTS
Name of Recipient:
CITY OF MIAMI BEACH
Name of Snb-recipient:
Grant Program Name:
LOG CABIN ENTERPRISES. INC.
coMMuNITY DEVELOPMENT BLOCK GRANT
Grant Number:
B-03-MC-12-0014
CFDA Nnmbertritle:
14218/ COMMUNTIY DEVELOPMENT BLOCK GRANT
/o/;r/o.3
Date:
The Provider shall insert in the space provided below the site(s) expected to be used for the performance
of work under the grant covered by the certification:
Place ofPerfonnance (include street address, city, county, state, zip code for each site):
gl,Z8 CcLLI~S /J~/Z
111A.-'11 13~AC.H FL ...331'-( I
LOG CABIN ENTERPRISES. INC.
/.../
~/o
/' Signature
v1
r
JS!t<>!OJ
Date
(~.l.AI>$ rove: "?I-IILLIP5
Print Name of Authorized Signatory
E,XE CUI i vl:. bt~C/O e..
Print Title of Authorized Signatory
Page 1 of 1
.. (::"' '-
ACKNOWLEDGEMENT OF DISABILITY NONDISCRIMINATION AFFIDAVIT
CONTRACT REFERENCE CDBG CONTRACT YEAR 29. Fiscal Year 2003/2004
NAME OF FIRM, CORPORATION, OR ORGANIZATION LOG CABIN ENTERPRISES. INC.
AUTHORIZED AGENT COMPLETING AFFIDAVIT GLA 1>5 TONE ? HILL IPS
PosmON ExEC-VIdE )){e.e;cTOR. PHONENUMBER~ g-q3 -2008
I, GLA]:;5 ToAJe 7HILLI ?S ,beingdulyfirstswornstate:
That the above named form, corporation or organization is in compliance with and agrees to
continue to comply with, and assure that any subcontractor, or third party contractor under this
project complies with all applicable requirements of the laws listed below including, but not limited
to, those provisions pertaining to employment, provision of programs and services, transportation,
communications, access to facilities, renovations, and new construction.
The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-336, 104 Stat 327, 42 U.S.C.
12101-12213 and 547 U.S.C. Sections 225 and 611 including Title I, Employment; Tittle II,
Public Services; Title ill, Public Accommodations and Services Operated by Private Entities;
Title N, Telecommunications; and Title V, Miscellaneous Provisions.
The Rehabilitation Act of 1973: 29 U.S.C. Section 794.
The Federal Transit Act, as amended: 49 U.S.C. Section 1612.
The Fair H~ing Act as amended: 42 U.S.C. Section 3601-3631.
~J 11 ' I ~ 10.. 15-03
Signature p Date
SUBSCRIBED AND SWORN TO (or affirmed) before me on OCT'" ~ €J 5 (~ .. .2..aO 3 by
(Date)
GLA~S roAJi: "PillLL./ P.5
(Affiant)
presented "PEe $Q";'~Lt..y k ..vow ,0
(Type ofidentification)
. He/She is personally known to me or has
as identification.
c Co '1 00 3 .2 3
(Serial Number)
.J A.v G I .:l 00 'I
(Expiration Date)
(Signature 0
Notary Publ'
eal
The City of Miami Beach will not award a contract to any firm, corporation or organization that fails to
complete and submit this Affidavit with theftnn, corporation or organization's bid or proposal or fails to
have this Affidavit on file with the City of Miami Beach.
Page 10ft
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