Block Grant Agreement with Boys and Girls Clubs of Miami-Dade, Inc 2d 22 -32%88
COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
FISCAL YEAR 2022
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
BOYS AND GIRLS CLUBS OF MIAMI-DADE, INC. NOV
This Community Development Block Grant Agreement ("Agreement") made and
entered into this day of , 2022, 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 the "City"),
and BOYS AND GIRLS CLUBS OF MIAMI-DADE, INC., a Florida not-for profit corporation,
having its principal office at 2805 SW 32 Avenue, Miami, FL, 33133 (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, on January 20, 2022, the Mayor and City Commission adopted
Resolution No. 2022-31980, approving the issuance of Request for Proposals (RFP)for the FY
2022 CDBG and HOME funding allocation; and
WHEREAS, the Administration reviewed RFP submissions to ensure that projects
align with the needs identified in the 2018-2022 Consolidated Plan; 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 June 22, 2022, the Mayor and City Commission adopted
Resolution No. 2022-32188, approving the One-Year Action Plan for Federal Funds for FY
2022, allocating CDBG funds in the amount of THIRTY-FIVE THOUSAND DOLLARS
($35,000.00)for youth aftercare and summer programs, to be provided by the Sub-Recipient as
a public service ("Program"); and
WHEREAS, the One-Year Action Plan for FY 2022 was made available to the
public for a 30-day public review and comment period from-June 6, 2022 through July 5, 2022;
and
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
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• Exhibit C- Budget
• Exhibit D - Financial Management for CDBG-funded activities
• Exhibit E - Report Forms
• Exhibit F- Monitoring Tool
Section 2. Statement of Work: The Sub-Recipient agrees to implement the Project in
accordance with Exhibits A and B, which Project is summarized as follows:
Youth Aftercare and Summer Camp Program:
Sub-recipient agrees to provide high-quality after-school and summer services for
income-eligible Miami Beach children and youth from kindergarten through 12th •
grade. Through Project Learn and Great Futures for Teens, children and youth are
offered a safe, structured environment with evidence-based activities that provide
them with opportunities to learn and grow.
Section 3. Agreement Amount: The City agrees to make available Community Development
Block Grant (CDBG) funds, in the amount of THIRTY-FIVE THOUSAND
DOLLARS ($35,000.00) 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 Project 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 Financial and Progress reports as
indicated in Exhibit A - describing the progress made by the Sub-Recipient in
achieving the objectives identified in Exhibit A—Scope of Services. As part of the
final report submitted, 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
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. 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 monitor the Sub-Recipient to evaluate the progress of the Program and
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provide technical assistance. The Subrecipient will monitor all subcontracted
services on a regular basis to assure contract compliance. Results of monitoring
efforts shall be summarized in written reports and supported with documented
evidence of follow-up actions taken to correct areas of noncompliance.
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 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 Part 570 and 2 CFR Part 200 and
carry out each activity in compliance with the laws and regulations as described in
24 CFR Part 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) applicable laws and ordinances. 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 on contract execution and shall terminate
on September 30, 2023 (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
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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 Project 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:
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
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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 Part 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 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, labor
organization membership, familial situation, political affiliation, or disability.
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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 Agreement. 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 Agreement 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.
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
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Program, including those set forth below and the applicable Uniform Administrative
Requirements set forth in 24 CFR§570.502, as amended by 2 CFR Part 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 of 2 CFR Part 200 as detailed below:
1) "Payment" is modified for lump sum drawdown for financing of property
rehabilitation activities, in accordance with 24 CFR § 570.513.
2) "Program Income" is governed by 24 CFR§ 570.504
3) "Real Property" does not apply, except as provided in 570.200(j). Real
property is governed by 24 CFR§ 570.505.
4) "Equipment" CDBG Sub-Recipients shall follow Section 2 CFR§ 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 2 CFR § 200.334 "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 24 CFR § 570.503, or five (5) years
after the submission of the annual performance and evaluation
report, as prescribed in 24 CFR § 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 24 CFR § 570.503(b)(7) or change of use provisions
at 24 CFR § 570.505 must be maintained for as long as those
provisions continue to apply to the activity; and
iii. Records for individual activities for which there are outstanding loan
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balances, other receivables, or contingent liabilities must be
retained until such receivables or liabilities have been satisfied.
6) Section 2 CFR§ 200.344 "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 30 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 60
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, meeting the
requirements of Subpart E (2 CFR §§ 200.400 —200.476) 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 2 CFR § 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 2 CFR §§ 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.
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 Project, shall include the
statement:
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"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 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:
a. 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.
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In compliance with 2 CFR Part 200, Subpart F- Audit Requirements, if Sub-
Recipient expends $750,000 or more during the non-Federal entity's fiscal
year in Federal awards, the Sub-Recipient 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.
b. Inspector General Audit Rights
1) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City
has established the Office of the Inspector General which may, on a
random basis, perform reviews, audits, inspections, and investigations on
all City contracts, throughout the duration of said contracts. This random
audit is separate and distinct from any other audit performed by or on behalf
of the City.
2) The Office of the Inspector General is authorized to investigate City affairs
and empowered to review past, present, and proposed City programs,
accounts, records, contracts, and transactions. In addition, the Inspector
General has the power to subpoena witnesses, administer oaths, require
the production of witnesses, and monitor City projects and programs.
Monitoring of an existing City project or program may include a report
concerning whether the project is on time, within budget, and in
conformance with the contract documents and applicable law. The
Inspector General shall have the power to audit, investigate, monitor,
oversee, inspect, and review operations, activities, performance, and
procurement process including, but not limited to, project design, bid
specifications, (bid/proposal) submittals, and activities of the Sub-
Recipient, its officers, agents, and employees, lobbyists, City staff, and
elected officials to ensure compliance with the contract documents and to
detect fraud and corruption. Pursuant to Section 2-378 of the City Code,
the City is allocating a percentage of its overall annual contract
expenditures to fund the activities and operations of the Office of Inspector
General.
3) Upon ten (10) days written notice to the Sub-Recipient, the Sub-Recipient
shall make all requested records and documents available to the Inspector
General for inspection and copying. The Inspector General is empowered
to retain the services of independent private sector auditors to audit,
investigate, monitor, oversee, inspect, and review operations activities,
performance, and procurement process including, but not limited to, project
design, bid specifications, (bid/proposal) submittals, activities of the Sub-
Recipient, its officers, agents, and employees, lobbyists, City staff, and
elected officials to ensure compliance with the contract documents and to
detect fraud and corruption.
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4) The Inspector General shall have the right to inspect and copy all
documents and records in the Sub-Recipient's possession, custody or
control which in the Inspector General's sole judgment, pertain to
performance of the contract, including, but not limited to, original estimate _
files, change order estimate files, worksheets, proposals, and agreements
from and with successful subcontractors and suppliers, all project-related
correspondence, memoranda, instructions, financial documents,
construction documents, (bid/proposal) and contract documents, back-
change documents, all documents and records which involve cash, trade,
or volume discounts, insurance proceeds, rebates, or dividends received,
payroll and personnel records, and supporting documentation for the
aforesaid documents and records.
•
5) The Sub-Recipient shall make available at its office at all reasonable times
the records, materials, and other evidence regarding the acquisition (bid
preparation)and performance of this Agreement, for examination, audit, or
reproduction, until three(3)years after final payment under this Agreement
or for any longer period required by statute or by other clauses of this
Agreement. In addition:
i. If this Agreement is completely or partially terminated, the Sub-
Recipient shall make available records relating to the work terminated
until three (3) years after any resulting final termination settlement;
and
ii. The Sub-Recipient shall make available records relating to appeals
or to litigation or the settlement of claims arising under or relating to
this Agreement until such appeals, litigation, or claims are finally
resolved.
6) The provisions in this section shall apply to the Sub-Recipient, its officers,
agents, employees, subcontractors, and suppliers. The Sub-Recipient
shall incorporate the provisions in this section in all subcontracts and all
other agreements executed by the Sub-Recipient in connection with the
performance of this Agreement.
7) Nothing in this section shall impair any independent right to the City to
conduct audits or investigative activities. The provisions of this section are
neither intended nor shall they be construed to impose any liability on the
City by the Sub-Recipient or third parties.
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 and/or the Project. 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.
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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 vendor shall maintain the below required insurance in.effect prior to awarding
the contract and for the duration of the contract. The maintenance of proper
insurance coverage is a material element of the contract and failure to maintain or
renew coverage may be treated as a material breach of the contract, which could
result in withholding of payments or termination of the contract.
A. Workers' Compensation Insurance for all employees of the Contractor as
required by Florida Statute Chapter 440 and Employer Liability Insurance with
a limit of no less than $1,000,000 per accident for bodily injury or disease.
Should the Contractor be exempt from this Statute, the Contractor and each
employee shall hold the City harmless from any injury incurred during
performance of the Contract. The exempt contractor shall also submit (i) a
written statement detailing the number of employees and that they are not
required to carry Workers' Compensation insurance and do not anticipate
hiring any additional employees during the term of this contract or(ii) a copy of
a Certificate of Exemption.
B. Commercial General Liability Insurance on an occurrence basis, including
products and completed operations, property damage, bodily injury and
personal & advertising injury with limits no less than $1,000,000 per
occurrence, and $2,000,000 general aggregate.
C. Automobile Liability Insurance covering any automobile, if vendor has no
owned automobiles, then coverage for hired and non-owned automobiles,with
limit no less than $1,000,000 combined per accident for bodily injury and
property damage.
D. Professional Liability (Errors & Omissions) Insurance appropriate to the
Consultant's profession, with limit no less than $1,000,000.
Additional Insured - City of Miami Beach must be included by endorsement as
an additional insured with respect to all liability policies (except Professional
Liability and Workers' Compensation) arising out of work or operations performed
on behalf of the contractor including materials, parts, or equipment furnished in
connection with such work or operations and automobiles owned, leased, hired or
borrowed in the form of an endorsement to the contractor's insurance.
Notice of Cancellation - Each insurance policy required above shall provide that
coverage shall not be cancelled, except with notice to the City of Miami Beach do
EXIGIS Insurance Compliance Services.
Page 12 of 34
Waiver of Subrogation—Vendor agrees to obtain any endorsement that may be
necessary to affect the waiver of subrogation on the coverages required. However,
this provision applies regardless of whether the City has received a waiver of
subrogation endorsement from the insurer.
Acceptability of Insurers—Insurance must be placed with insurers with a current
A.M. Best rating of A:VII or higher. If not rated, exceptions may be made for
members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may
also be considered if they are licensed and authorized to do insurance business in
the State of Florida.
Verification of Coverage — Contractor shall furnish the City with original
certificates and amendatory endorsements, or copies of the applicable insurance
language, effecting coverage required by this contract. All .certificates and
endorsements are to be received and approved by the City before work
commences. However, failure to obtain the required documents prior to the work
beginning shall not waive the Contractor's obligation to provide them. The City
reserves the right to require complete, certified copies of all required insurance
policies, including endorsements, required by these specifications, at any time.
CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
do EXIGIS Insurance Compliance Services
P.O. Box 4668— ECM #35050
New York, NY 10163-4668
Kindly submit all certificates of insurance, endorsements, exemption letters to our
servicing agent, EXIGIS, at: Certificates-miamibeach(a�riskworks.com
Special Risks or Circumstances-The City of Miami Beach reserves the right to
modify these requirements, including limits, based on the nature of the risk, prior
experience, insurer, coverage, or other special circumstances.
Compliance with the foregoing requirements shall not relieve the vendor of his
liability and obligation under this section or under any other section of this
agreement.
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
Page 13 of 34
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 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 litigation arising out of
this Agreement shall be Miami-Dade County, Florida, if in State 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: Alba Tarre, 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: Alex Rodriguez-Roig, President
Boys and Girls Clubs of Miami-Dade
2805 SW 32 Avenue
Miami, Florida 33133
In the event that the Sub-Recipient changes the Executive 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.
Page 14 of 34
b. The term "public records" shall have the meaning set forth in Section
119.011(12), Florida Statutes, 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.
c. Pursuant to Section 119.0701, 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
Page 15 of 34
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 § 119.10, Florida
Statutes.
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-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
Page 16 of 34
Section 27. E-Verify
27.1 Sub-Recipient shall comply with Section 448.095, Florida Statutes,
"Employment Eligibility" ("E-Verify Statute"), as may be amended from time
to time. Pursuant to the E-Verify Statute, commencing on January 1, 2021,
Sub-Recipient shall register with and use the E-Verify system to verify the
work authorization status of all newly hired employees during the Term of
the Agreement. Additionally, Sub-Recipient shall expressly require any
approved subcontractor performing work or providing services pursuant to
the Agreement to likewise utilize the U.S. Department of Homeland
Security's E-Verify system to verify the employment eligibility of all new
employees hired by the subcontractor during the contract Term. If Sub-
Recipient enters into a contract with an approved subcontractor, the
subcontractor must provide the Sub-Recipient with an affidavit stating that
the subcontractor does not employ, contract with, or subcontract with an
unauthorized alien. Sub-Recipient shall maintain a copy of such affidavit for
the duration of the Agreement or such other extended period as may be
required under this Agreement.
27.2 Termination Rights.
a. If the City has a good faith belief that Sub-Recipient has knowingly
violated Section 448.09(1), Florida Statutes, the City shall terminate this
Agreement with Sub-Recipient for cause, and City shall thereafter have
or owe no further obligation or liability to Sub-Recipient.
b. If the City has a good faith belief that a subcontractor has knowingly
violated Section 27.1 of this Agreement, but the Sub-Recipient otherwise
complied with such section,the City will promptly notify the Sub-Recipient
and order the Sub-Recipient to immediately terminate the agreement with
the subcontractor. Sub-Recipient's failure to terminate a subcontractor
shall be an event of default under this Agreement, entitling City to
terminate the Sub-Recipient's Agreement for cause.
c. A contract terminated under the foregoing Subparagraphs(a)or(b)is not
in breach of contract and may not be considered as such.
d. The City or Sub-Recipient or a subcontractor may file an action with the
Circuit or County Court to challenge a termination under the foregoing
Subparagraphs (a)or(b)no later than 20 calendar days after the date on
which the contract was terminated.
e. If the City terminates the Agreement with Sub-Recipient under the
foregoing Subparagraph (a), Sub-Recipient may not be awarded a public
contract for at least 1 year after the date of termination of this Agreement.
f. Sub-Recipient is liable for any additional costs incurred by the City as a
result of the termination of this Agreement under this section.
Section 28. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors, and assigns.
[SIGNATURES TO FOLLOW]
Page 17 of 34
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.
BOYS AND GIRLS CLUBS OF MIAMI-DADE, INC.
a Florida not-for-profit corporation
AI ,
vim,
Secretary \ Signature
• .A116.4 4
Cvveo a Alex Rodriquez-Roiq, President
Print Name y Print Name and Title
/ 0 //1/02.bA.Z...
Date /
•
CITY OF MIAMI BEACH, FLORIDA
a Florida municipal co oration
ATTEST:
iji / e----
Signature ignature
Rafael E. Granado, City Clerk Alina T. Hudak, City Manager
Print Name Y 0 2 2022 Print Name
Date
o •
IR1l ORORATED APPROVED AS TO
, ..^,i,;_ FORM & LANGUAGE
( H 2',..- & FOR EXECUTION
‘-----'OtiV ID 1 2.D.
City Attorney fr 110 e
Page 18 of 34
EXHIBIT "A"
"SCOPE OF SERVICES"
Statement of Work:
In compliance with 24 CFR 570.503 (b)(1), Sub-Recipient agrees to provide the following:
In compliance with 24 CFR 570.503 (b)(1), Sub-Recipient agrees to provide the following:
Sub-Recipient Name: Boys and Girls Clubs of Miami—Dade, Inc.
Federal Award 59-0879227
Identification:
UEI Number: UTN4D36LRJD5
Federal Award: FY 2022 CDBG Funds
Subaward Period of Retroactive to October 1, 2022 —September 30, 2023
Performance:
Budget: $35,000—as detailed in Exhibit C- Budget
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 via Neighborly:
• 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: 1200 Michigan Avenue
Miami Beach, Florida 33139
Program: Project Learn and Great Futures for Teens
Service: • Project Learn After-School - Kindergarten through sixth grade -
8/17/2022 - 6/7/2023 Monday to Friday from 2pm - 7pm
• Project Learn Summer - Kindergarten through sixth grade -
6/12/2023 - 8/4/2023 Monday to Friday from 8am - 6pm
• Great Future for Teens After-School-Seventh through 12th grade
- 8/17/2022 - 6/7/2023 Monday to Friday from 2pm - 7pm
• Great Future for Teens Summer - Seventh through 12th grade -
6/12/2023 - 8/4/2023 Monday to Friday from 8am - 6pm
Units of Service: Project Learn After-School: 120 youth
Project Learn Summer: 200 youth
Great Future for Teens After-School: 15 teens
Great Future for Teens Summer: 15 teens
Deliverables: • Completed and executed client intake form including income
eligibility and consent authorization
• Daily attendance rolls
• List of beneficiaries including income level and demographic
information
• Summary of the curriculum to be offered for the after-care;
Page 19 of 34
planning days; schools breaks, and summer period.
• Timesheets of all employees covered by the Program
Benchmarks: • Attendance by low- to moderate- income youth enrolled in the
Program
The Sub-Recipient will be responsible for providing the following programs: Project Learn (youth
from Kindergarten through sixth grade) and Great Futures for Teens (youth from seventh through
12th grade)during the period of the Agreement utilizing FY 2022 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 two high quality programs to be offered for school after-care; planning days; schools breaks,
and summer period. The goal of the Program is to keep children and youth in school and on track
for graduation while providing them opportunities to learn and grow. 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.
a. Project Learn offers a safe structured environment with evidence-based curriculums
for children from kindergarten through sixth grade. The activities include the following:
Science, Technology, Engineering, and Math (STEM), literacy, homework assistance,
music, physical fitness, family engagement, enrichment activities, health education,
mentoring and arts/crafts. The program features:
• Tutoring for struggling students.
• Exceptional Student Education (ESE): Provided by (ESE) Specialists who
• work specifically with children who have a disability.
b. Great Futures for Teens encourages academic achievement, financial education,
entrepreneurship,job training and community service and inclusion through enriching
cultural experiences. The program offers an enriching curriculum that encompasses
the following:
• Financial literacy
• Visits to local universities and learning about the application and financial
aid process
• Opportunities for community service hours while serving as Counselors in
Training by mentoring younger youth and providing them homework
assistance
• Provide employment opportunities through partnerships with local
partnerships and businesses
• Participation in Science, Technology, Engineering and Math (STEM)
activities
• Artistic, athletic, educational, and recreational programs.
Requirements/Definitions:
1. Davis-Bacon Act Compliance
The Davis-Bacon Act applies to contractors and subcontractors performing on federally
funded or assisted contracts in excess of $2,000 for the construction, alteration, or repair
(including painting and decorating)of public buildings or public works. Davis-Bacon Act and
Page 20 of 34
Related Act contractors and subcontractors must pay their laborers and mechanics
employed under the contract no less than the locally prevailing wages and fringe benefits
for corresponding work on similar projects in the area. The Davis-Bacon Act directs the
Department of Labor to determine such locally prevailing wage rates. Affordable housing
rehabilitation projects of eight(8)or more units using CDBG funds must ensure Davis-Bacon
Act compliance.
2. Certified Payroll
Certified payrolls shall be submitted weekly for each week in which any contract work is
performed in compliance with Federal Labor Standard Provisions.
3. Section 3
Any Agreement greater than $100,000 that involves rehabilitation, housing construction, or
other public construction, requires compliance with Section 3 of the HUD Act of 1968.
4. Environmental Review
Programs 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).
No project funds will be advanced,and no costs can be incurred, until the City has conducted
an Environmental Review of the proposed project site as required per 24 CFR 58.
5. Compliance with National Objective
The Subrecipient must maintain documentation that demonstrates that the activities carried
out with funds provided under this Contract meet one or more of the CDBG program's
national objectives: (1) benefit low/moderate income persons, (2) aid in the prevention or
elimination of slums or blight, or(3)meet community development needs having a particular
urgency, as defined in 24 CFR Part 570.208, specific documentation of which shall be
maintained in the project file.
6. Income Verification
Sub-Recipient will ensure and maintain evidence that activities assisted with CDBG funds
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 HUD income limits. Sub-Recipients are responsible for
using the most current income limits.
Sub-Recipient may utilize the CDP Income Eligibility Calculator provided at
https://www.hudexchange.info/incomecalculator/to determine the Household eligibility. It is
the responsibility of the Sub-Recipient to become familiar with this tool.
7. 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.
Page 21 of 34
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.
8. Employee File Review
The following documentation must be included in the Sub-Recipient's file for those
employees providing services under this contract as applicable.
• 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
• Child Abuse and Neglect Reporting Requirement
Data Confidentiality Agreement
• 1-9 Verification on File
9. 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 Financial Reports
• Accuracy and timeliness of Progress Reports
• Adherence to Project timelines and Technical Assistance and Sub-Recipient
Instructions
• Fulfillment of prescribed outcomes
10. Monitoring & Performance Reviews
City reserves the right to inspect, monitor and/or audit the Sub-Recipient to ensure
contractual compliance. The City will notify Sub-Recipient a minimum of three (3) business
days prior to a monitoring visit.
11. Compliance with Local Rules, Regulations, Ordinances and Laws
The Sub-Recipient must remain incompliance with all local rules, regulations, ordinances
and laws (including having an active business license) in addition to those specified in the
body of the Agreement. In addition, the Sub-Recipient must not owe any monies to the City
at the time of Agreement execution or final release of grant funds.
The City will verify with the Finance Department to ensure that no monies are due the City
prior to Agreement execution
12. Rent Roll Submissions
Sub-Recipients using City funds for the creation or rehabilitation of affordable housing must
submit tenant rent rolls within thirty (30) days of meeting the National Objective and every
year thereafter for a minimum of fifteen (15) years in adherence with the affordability period
required with use of these funds. For completed projects, certified tenant rolls must be
submitted annually by November 1st.
Page 22 of 34
13. Affordable Rents Criteria
To ensure the housing is affordable to low- and moderate-income persons, all CDBG-
assisted rental units (12 units) must have rents that are the lesser of the Section 8 Fair
Market Rents periodically established by HUD for the Section 8 rental assistance program
for existing housing, or rents which are 30% of adjusted income for households at 50% of
area median income minus tenant paid utilities. The Subrecipient shall ensure that all of the
units in the Project continue to be used to provide housing for low- and moderate-income
persons at affordable rents. The affordability period for the project will be 50 years.
14. Restrictive Covenant
The Subrecipient shall be responsible for executing an Agreement of Restrictive Covenants
that will ensure assisted units remain affordable without regard to the term of any mortgage
or the transfer of ownership for not less than the appropriate term described in the previous
paragraph.
15. Reporting Requirements
Progress Report—The Sub-Recipient is required to submit a Project Progress Report via
Neighborly software, as indicated in the Scope of Services. Even if no clients are served
during any particular reporting period and/or no grant funds have been expended, the
subrecipient is still required to complete and submit the Progress Report, explaining any
issues and/or challenges related to the program.
Reports are divided into two sections:
• Part 1 -Accomplishments—The report will detail the demographics of the Project
beneficiaries regardless of the service being provided. 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 Project
in each report with the Accomplishment Report matching race, income and other
information requested.
• Part 2 — Narrative and Supporting Documentation - The report summarizes the
progress made during the reporting period, including photos and Units of Service
completed. The report should detail accomplishments compared to the annualized
goals set for the activity or program.
• Financial Report — Funding provided under this Agreement is available on a
reimbursable basis. Reimbursement of funds under this Agreement may be
requested only for necessary, reasonable, and allowable costs described in the
Budget. Draws shall be submitted via Neighborly Software once a month. The report
delineates Project expenses incurred and must include the corresponding evidence
of expenses incurred for any Project related expense which is being submitted for
reimbursement as detailed in Exhibit "B" Documentation. Exhibit "E" shall be
completed for each draw request and included uploaded to Neighborly Software
along with all back-up documentation. City is only to reimburse expenses related to
the provision of services related to this Agreement.
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.)
Page 23 of 34
• Reports bear the signature of the person preparing the report and the Sub-
Recipient's authorized signatory
16. 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.
17. Procurement Records
All expenses incurred with grant funds require evidence of procurement according to 2 CFR
Part 200 Subpart D, Procurement Standards. Please carefully read the Agreement and
related HUD rules to ensure compliance.
Sub-Recipient must retain and include the following rationale and documents supporting
any acquisition of goods and services that are being charged to this Project in compliance
with 2 CFR 200 Subpart D, Procurement Standards:
• Rationale for the method of procurement;
• Selection of contract type;
• Contractor selection or rejection; and
• Basis for the contract price.
18. Professional Services Contracts
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. 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.
19. Training Requirements
Sub-Recipient must ensure that the person responsible for preparing the Progress,
Accomplishment and Financial Reports attends the HCD's Sub-Recipient Reporting
Training.
. 20. 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.
Page 24 of 34
EXHIBIT "B"
"Documentation"
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
The Sub-Recipient agrees to maintain the following documents as part of its requirements:
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
• Program enrolled
• Verify 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.
• Any additional documents as requested by the City
The Sub-Recipient agrees to provide the following documents as part of its reporting
requirements:
To document expenses incurred:
Supporting documents to be submitted with the Monthly Finance Report are as follows:
• Salaries related expenses:
• Daily attendance logs—Time-sheets
• Electronic payroll ledgers with corresponding bank transactions (statement)
• Cancelled checks
• Form 941 — Employer's Quarterly Federal Tax Return
• Unemployment payment
• Any additional documents as requested by the City
• Fringe Benefits related expenses:
• Bank statements
• Worker's Compensation invoice, policy and cancelled check
• Any additional documents as requested by the City
• Operating Expenses:
• Detailed invoices/bill
• Cancelled checks and/or Bank statements
• Any additional documents requested by the City
Page 25 of 34
EXHIBIT "C"
"Budget"
The attached budget reflects the scope of expenses that may be incurred through this
Agreement.
MIAMI BEACH
CDBG FY 2022
Project Budget
Sub-Recipient: Boys&Girls Club of Miami Dade.Inc. Project Artor,cheot and S . rcamr. I
Award Amount: $35.000.00
Please list all items that will be reimbursed by the City of Miami Beach.
Line Item
Personnel Es.enses - List Position Title Quantit Unit Cost Line Total
Program Director(FT) 1 $7.989.36 I $ 7,989.36
Club Director(FT) 1 $11,900.00 $ 11,900.00
Youth Development Counselor 1 $7 978.73 $ 7,978.73
Payroll Taxes 1 7.65% $ 2.131.91
$
Personnel Es.enses-Cate.or Totals , $ 30.000.00
O r eratin. Es•enses Quantit Unit Cost Line Total
Utilities(Electricity,~,later,Telephone,Sewer,ti/iFi) 12.00 $ 4S.67 ` $ 5.000.00
$ -
$ -
O eratin. Es,enses -Cate or Totals $ 5.000.00
Capital/E..ui r ment Costs Quantit Unit Cost Line Total
$ -
$ -
$ -
italtE - . .,
$
Ca
P 9[ripment Costs Category Totals -
r r i r , i Unit Cost Line total
$ -. _.
$ .
$ -
•
...
Professional Services-Cate.or Totals t: $ -
Other Costs Quantit Unit Cost Line Total
$
s -
•
$: -
$
Other Costs-Categorg Totals $ -
Project Total- $ 35,000.00
Page 26 of 34
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.
Page 27 of 34
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 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.
Page 28 of 34
EXHIBIT "E"
"Report Forms"
M I AM I BE,4F Monthly Financial Report
Sub-Recipient: Bcys and Gels Club
Project: Project Learn and Great Futures fc Teens
Funding Source: CDBG FY2322
Funding Fiscal Year: 2322 Reporting Period:
Date of Reimbursement Request: Draw#
Reimbursement Summary
Previous Available
Expense Category Grant Award Requests Balance This Request
Perscnnel Expenses S 30.000.00 S - S 31.333.33 S -
Operating Expenses S 5.000.00 S - S F.303.30 S -
CapitalEquipment Expenses S - S - -
Professional Services Expenses S - S - S S -
Other Expenses ., - S - S - _ -
TotaI Reimbursement Request S 35,000.00 S - S 35,000.00 S
Sub-Recipient Certification
In accordance with the contract between the City and the Sub-Recipient: The partiec acknowledge that
the Funds originate from HUD. and m ust be implemented in full con chance with al of HUD's. rules and
regulations.
In accordance with the ccntract between the City and the Sub-Recipient The Sub-Recipient agrees to
com ply with al apolicab'e Federal regulations as they m ay appy to Program admiiisD-atien and to
carry out each activity in compliance with the lave and relations as described in 24 CFP. 570
Subpan K. as same m ay be am ended from tin e to time. Additionally. t e Sub-Recipiers v,•i;l comp,!'/
with all Stare and bcal;City and County) laws and ordctances hereto applicable.
In accordance with the contract between the City and the Sub-Recipient, the Sub-Recipient will ensure
and maintain evidence that activities assisted wit; HUD funds. from the City comply with the crated
National Objective.
Signatue cf Preparing Party Signature ofAuthcring Party
Name Name
Date Cam
:age i cf2
Page 29 of 34
REIMBURSEMENT SUMMARY
Reimbursement Detail
Personnel Expenses
Employee (Name&Position) Rate Quantity Total Reimbursement
J
J
r
r
Personnel Expenses Total $
Operating Expenses
Chen'# Chea Date Vendor Name Cheoc Arna.rt Reimbu^semertAmount
c .
Operating Expenses Total $ -
C apitaliE quipment Expenses
Chen.# Chea Date Vendor Name Cheer Amount Reimbu-semertAmcurt
CapitallEquipment Expenses Total $ -
Professional Services Expenses
Cheo.++ CheaR Date Vendor Name Cheer .'noun ReimbursemertAmaurt
5
5
S
Professional Services Expenses Total S -
Other Expenses
Check# Check Date Venda Name Check Amount Rei ntxxsementAmount
S
S
S
S
S
Other Expenses Total $ -
Page 1 of 2
Page 30 of 34
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: 2
O
Benefit to Low-and Moderate-Income Persons(CFR 570.208) M
tQ
B. Conformance to the Sub-recipient Agreement —I -j
O
Contract Scope of Work-Is the full scope of services O
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(re,meeting the schedule as shown in
the Scope of Work)?
4 Budget-Do actual expenditures match planned
r o expenditures?
0
w
A
5 Reauests 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?
iub-recipient:
YES NO N/A 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?
Oro
CD
W
0
W
YES NO N/A 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
Has the sub-recipient purchased equipment with CDBG
funds in excess of$1,000?
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]
(IQ
co
0
�—h
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-rciplent:
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
>v
UQ
0
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