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93-20927 Reso RESOLUTION NUMBER 93-20927 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE LESBIAN, GAY AND BISEXUAL COMMUNITY CENTER, INC., WITH A FUNDING RECOMMENDATION OF TWENTY THOUSAND DOLLARS ($20,000), FOR THE PROVISION OF COUNSELING,EDUCATION,RECREATIONAL ACTIVITIES, AND SOCIAL SERVICES FOR BOTH THE ALTERNATIVE LIFESTYLE COMMUNITY AND NEIGHBORHOOD RESIDENTS. WHEREAS, the City of Miami Beach, hereinafter referred to as the "City", is authorized by Commission Memorandum Number 5467, dated January 21, 1976, to prepare an application for a Community Development Block Grant, hereinafter referred to as "CDBG Funds," and to design and implement such systems as are necessary to insure that the Community Development Program is developed, conducted and administered in accordance with Title I of the Housing and Community Development Act of 1974, as amended, including the Cranston-Gonzalez National Affordable Housing Act of 1990, the Housing and Community Development Act of 1992, and any Federal regulations promulgated thereunder, as well as applicable state and local authorities, and in such capacity is authorized to enter into and execute agreements with other departments and agencies within the City; and WHEREAS, the City has duly submitted the Year Nineteen Final Statement of Objectives and Projected Use of Funds to the U.S. Department of Housing and Urban Development which identified $3,476,28 in available CDBG resources for Year Nineteen projects, of which $2,534,000 are Year Nineteen entitlement funds, $135,428 in funds reprogrammed from prior year's funds, and $807,000 in program income of which $12,000 is available for Year Nineteen projects; and WHEREAS, the City Commission deems it to be in the best interests of the residents and citizens of the City to enter into an Agreement with the Lesbian, Gay and Bisexual Community Center, Inc., hereinafter referred to as the "Provider", for provision of counseling, education, recreational activities, and social services for both the alternative lifestyle community and neighborhood residents; and WHEREAS, pursuant to such Agreement, the Provider will receive a total amount of Twenty Thousand dollars ($20,000)from Year Nineteen CDBG funds, to be used for the above stated purpose; and WHEREAS, the CDBG funds are conditional upon the approval for release of funds from the U.S. Department of Housing and Urban Development; and WHEREAS, the City Manager has recommended to the Mayor and City Commission that said Agreement be entered into; and WHEREAS, the Mayor and City Commission,pursuant to Resolution No. 93- 20829 adopted July 14, 1993, approved the CDBG Year 19 Final Statement outlining the specific projects and allocations, including $20,000 for the above-stated Provider; and WHEREAS,an appropriate Agreement has been prepared,which Agreement, attached hereto as Exhibit "A", sets forth the terms and conditions of said project, and same has been approved as to legal form and sufficiency by the City Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH FLORIDA, that the Mayor and City Clerk are hereby authorized and directed to execute an Agreement between the City of Miami Beach and The Lesbian, Gay and Bisexual Community Center, Inc., with a funding amount of Twenty Thousand dollars ($20,000), for 'provision of counseling, education, recreational activities, and social services for both the alternative lifestyle community and neighborhood residents; and PASSED AND ADOPTED THIS 20th DAY OF October , 1993. STP/cmc — �I , Y� ATTEST: FORM APPROVED LEGAL DEPT. •Koi&a.AA_ CITY CLERK I D- L Date . CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7762 COMMISSION MEMORANDUM NO. �3-9� TO: Mayor Seymour Gelber and DATE: October 20, 1993 Members of the City Commission FROM: Roger M. Caelgilteit City Manager SUBJECT: ADOPTION OF SEVENTEEN (17) RESOLUTIONS AND APPROVAL OF A FORM AGREEMENT NECESSARY TO IMPLEMENT THE YEAR NINETEEN(19)COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) • PROGRAM ACTIVITIES ADMINISTRATION RECOMMENDATION: To adopt the following Resolutions and to approve a "Form Agreement" necessary to implement the Year Nineteen (19) CDBG activities which were approved on July 14, 1993, via Resolution #93-20829. 1. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE EXECU- TION OF AN AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND ASPIRA OF FLORIDA, INC., WITH A FUNDING AMOUNT OF TWENTY FIVE THOUSAND DOLLARS ($25,000), FOR PROVISION OF A LEADERSHIP DEVELOPMENT/DROPOUT PREVENTION PROGRAM FOR AT-RISK YOUTH IN MIAMI BEACH. 2. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE EXECU- TION OF AN AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE BOYS AND GIRLS CLUBS OF MIAMI,INC., WITH A FUNDING AMOUNT OF SEVENTY THOUSAND DOLLARS($70,000),FOR PROVISION OF THE BOYS & GIRLS CLUB JUVENILE PROGRAM IN MIAMI BEACH. 3. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE EXECU- TION OF AN AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE COMMUNITY COUNCIL FOR JEWISH ELDERLY, INC., WITH A FUNDING AMOUNT OF THIRTY THOUSAND DOLLARS ($30,000), FOR PROVISION OF SOCIAL SERVICES TO ELDERLY MIAMI BEACH RESIDENTS. AGENDA R_�].r SITEM DATE 1D-20-93 • / / COMMISSION MEMO OCTOBER 20, 1993 PAGE 2 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE EXECU- TION OF AN AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CURE AIDS NOW, INC.,WITH A FUNDING AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000), FOR PROVISION OF A MEALS PROGRAM FOR MIAMI BEACH RESIDENTS WHO ARE HOMEBOUND PERSONS LIVING WITH AIDS. 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE EXECU- TION OF AN AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE DADE COUNTY PUBLIC SCHOOLS, WITH A FUNDING AMOUNT OF SEVENTEEN THOUSAND DOLLARS ($17,000), FOR PROVISION OF FEE WAIVERS FOR LOW/MODERATE INCOME COMMUNITY SCHOOL STUDENTS WHO ARE MIAMI BEACH RESIDENTS. 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE EXECU- TION OF AN AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND JEWISH VOCATIONAL SERVICE, WITH A FUNDING AMOUNT OF FIFTEEN THOUSAND DOLLARS ($15,000), FOR PROVISION OF MEALS AND SHOPPING ASSISTANCE TO HOMEBOUND CLIENTS IN MIAMI BEACH. 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE EXECU- TION OF AN AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE LESBIAN, GAY AND BISEXUAL COMMUNITY CENTER, INC., WITH A FUNDING RECOMMENDATION OF TWENTY THOUSAND DOLLARS($20,000), FOR THE PROVISION OF COUNSELING, EDUCATION, RECREATIONAL ACTIVITIES, AND SOCIAL SERVICES FOR BOTH THE ALTERNATIVE LIFESTYLE COMMUNITY AND NEIGHBORHOOD RESIDENTS. 8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE EXECU- TION OF AN AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND LITTLE HAVANA ACTIVITIES AND NUTRITION CENTERS OF DADE COUNTY, INC., WITH A FUNDING AMOUNT OF TWENTY THOUSAND DOLLARS ($20,000),FOR PROVISION OF A HOT MEALS PROGRAM FOR THE ELDERLY. 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE EXECU- TION OF AN AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND LITTLE HAVANA ACTIVITIES AND NUTRITION CENTERS, INC., WITH A FUNDING AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000), FOR PROVISION OF THE MIAMI BEACH RAINBOW CHILD DAY CARE PROGRAM FOR MIAMI BEACH RESIDENTS. COMMISSION MEMO OCTOBER 20, 1993 PAGE 3 10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE EXECU- TION OF AN AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE LOG CABIN ENTERPRISES, INC., WITH A FUNDING AMOUNT OF THIRTY THOUSAND DOLLARS ($30,000), FOR PROVISION OF A PLANT NURSERY IN ORDER TO PROVIDE VOCATIONAL TRAINING, JOB DEVELOPMENT AND PLACEMENT FOR DEVELOPMENTALLY DISABLED ADULTS. 11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE EXECU- TION OF AN AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE MIAMI BEACH JEWISH COMMUNITY CENTER, INC., WITH A FUNDING AMOUNT OF TWENTY THOUSAND DOLLARS ($20,000), FOR THE ALEPH CHILD DEVELOPMENT CENTER/CHILDREN AT RISK PROGRAM FOR PROVISION OF CHILD CARE/FEE WAIVERS FOR MIAMI BEACH RESIDENTS. 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE EXECU- TION OF AN AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE MIAMI BEACH METHODIST CHILD CARE CENTER, INC., WITH A FUNDING AMOUNT OF SIXTEEN THOUSAND DOLLARS ($16,000),FOR THE ST. JOHN'S CHILD CARE CENTER PROGRAM FOR PROVISION OF CHILD CARE/FEE WAIVERS FOR MIAMI BEACH RESIDENTS. 13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE EXECU- TION OF AN AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND MOUNT SINAI MEDICAL CENTER,WITH A FUNDING AMOUNT OF FIFTEEN THOUSAND DOLLARS ($15,000),FOR PROVISION OF THE"PROJECT SINAI" AND "COMMUNITY OUTREACH" PROGRAMS. 14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE EXECU- TION OF AN AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE NORTH BEACH DEVELOPMENT CORPORATION OF MIAMI BEACH, INC., WITH A FUNDING AMOUNT OF ONE HUNDRED NINETY THOUSAND DOLLARS ($190,000), FOR PROVISION OF A FACADE RENOVATION AND ENHANCEMENT PROGRAM IN THE NORTH BEACH AREA. 15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE EXECU- TION OF AN AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE SOUTH FLORIDA ART CENTER, INC., WITH A FUNDING AMOUNT OF ONE HUNDRED SEVENTY TWO THOUSAND DOLLARS ($172,000), FOR PROVISION OF AN ECONOMIC DEVELOPMENT ACTIVITY THAT WILL PROVIDE AFFORDABLE STUDIO, SHOWROOM AND/OR TEACHING SPACE TO LOW AND MODERATE INCOME ARTISTS. • COMMISSION MEMO OCTOBER 20, 1993 PAGE 4 16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE EXECU- TION OF AN AGREEMENT BETVVEEN THE CITY OF MIAMI BEACH AND THE SOUTH FLORIDA ART CENTER, INC., WITH A FUNDING AMOUNT OF THIRTEEN THOUSAND FIVE HUNDRED DOLLARS ($13,500), FOR THE PURPOSE OF REHABILITATING EXISTING SPACE. 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE EXECU- TION OF AN AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND STANLEY C. MYERS COMMUNITY HEALTH CENTER, INC., A NON-PROFIT FLORIDA CORPORATION, WITH A FUNDING AMOUNT OF THIRTY FIVE THOUSAND DOLLARS($35,000),FOR PROVISION OF PRESCRIPTION DRUGS TO LOW AND MODERATE INCOME MIAMI BEACH RESIDENTS. BACKGROUND: On July 14, 1993, the City Commission adopted Resolution 93-20829 which approved the Year Nineteen(19)Community Development"Final Statement of Objectives and Projected Use of Funds" for the program year which commenced on October 1, 1993, and continues • through September 30, 1994, and which authorized specific allocations for the Year 19 projects/activities. The specific allocations referenced above had already been recommended by the Community Development Advisory Committee(CDAC). Subsequent to City Commission approval, the "Final Statement" (which is a federal grant application), was submitted and accepted by the U.S. Department of Housing and Urban Development. In order to implement the various projects and programs which were approved by both the CDAC and the City Commission, it is necessary to prepare and execute contractual agreements for such. This is a standard administrative procedure, to implement the CDBG activities approved by the City Commission on July 14, 1993. ANALYSIS: The City has received the CDBG Year 19 "Grant Agreement/Funding Approval Forms" from the U.S. Department of HUD for the period covering October 1, 1993 through September 30, 1994. After this document is executed, HUD increases the City's Letter of Credit by the grant amount. The City then presents sub-recipient agreements to the City Commission for approval. It should be noted that the agreement(s) for the Miami Beach Development Corporation's (MBDC) Year 19 activities will be presented to the City Commission in the near future. MBDC has not yet submitted the data necessary to finalize these agreement(s) for City Commission approval. CONCLUSION: • Therefore, at this time seventeen (17)CDBG contractual agreements are recommended for approval. Funds are available in Fund 131, Year 19 CDBG Program. It is essential that these Resolutions and "Form Agreement" be approved at this Commission Meeting. A synopsis of the Year 19 CDBG contractual agreements is attached, which provides more specific detail on each of the project/activities that were approved by the City Commission on July 14, 1993. A copy of the Form Agreement is also attached. STP/cmc YEAR 19 CDBG SYNOPSIS 1. ASPIRA-LEADERSHIP DEVELOPMENT/DROP OUT PREVENTION PROGRAM ($25.000) Location: City-wide This project will provide youth gang intervention, leadership development,and drop- out prevention, for approximately 90"at risk youth"at Miami Beach High School and Nautilus Middle Schools, and through the South Beach Outreach Club at 833 6th Street. 2. BOYS & GIRLS CLUB JUVENILE PROGRAM ($70,000) Location: CD Target Areas This project supplements other youth programs in the community by targeting approximately 400 "at-risk youth" in after-school and summer recreational programs at Fienberg/Fisher Elementary, Biscayne Elementary, South Pointe Elementary/Tatum Park, and Flamingo Park. 3. COMMUNITY COUNCIL FOR JEWISH ELDERLY (CCJE)-SOUTH BEACH ACTIVITY CENTER ($341,000) Location: 610 Espanola Way This project provides support services to approximately 900 homebound elderly who can be maintained in their home.. The support services include homemakers,friendly visitors, day care and assessment, as well as serving 80 frail elderly residents through Adult Day Care. This project keeps the homebound in their homes and delays or prevents institutionalization. 4. CURE AIDS NOW - MEALS PROGRAM ($50,000) Location: City-wide, primarily Flamingo CD Area This project will provide home delivered meals to approximately 59 homebound persons in Miami Beach living with AIDS, @ two meals per client per day, of which one meal per client per day is CDBG funded. 5. DADE COUNTY COMMUNITY SCHOOLS CHILD CARE & VOCATIONAL FEE WAIVER PROGRAM ($17.000) • Location: CD Target Areas This project supplements eligible community school programs, which principally benefit low/moderate income persons by providing approximately 464 job preparatory fee waivers, and 36 child care waivers. 6. JEWISH VOCATIONAL SERVICE - NUTRITIONAL PROJECT ($15.000) Location: City-wide, primarily Flamingo CD target Area This project funds two drivers to deliver approximately 15,180 meals to homebound elderly participants residing in eligible CD target areas, and one shopper to provide approximately 10 visits per month to homebound frail elderly. • , , • 7. LESBIAN, GAY & BISEXUAL COMMUNITY CENTER ($20,000) Location: flamingo CD Target area (south of Dade Boulevard) The Community Center will provide space for meetings, counseling, education, recreational activities,and social services for both the alternative lifestyle community and neighborhood residents. 8. LITTLE HAVANA ACTIVITY AND NUTRITION CENTERS - HOT MEALS PROGRAM ($20.000) Location: Council Towers - Collins Avenue and 6th Street This project supplements the provision of approximately 190 hot meals daily to elderly clients, in a congregate meal program located at Council Towers, as well as support services including health,nutritional guidance and supportive social services. 9. LITTLE HAVANA ACTIVITY AND NUTRITION CENTERS - MIAMI BEACH RAINBOW DAY CARE ($50,000) Location: 833 6th Street This project will provide child day care to a minimum of 51% low and moderate income Miami Beach clients; further, approximately twenty-five (25) low/moderate income Miami Beach children will receive fee waivers/scholarships. This program utilizes an intergenerational approach, combining the resources of the elderly with the provision of child day care. 10. LOG ABIN ENTERPRISES, INC., PLANT NURSERY ($30,000) Location: 8128 Collins Avenue This project provides funding for a retail nursery business program at a facility for the developmentally disabled, which creates and/or retains approximately 40 - 45 low/moderate income jobs. 11. JEWISH COMMUNITY CENTER - ALEPH CHILD DEVELOPMENT CENTER/ CHILDREN AT RISK ($20.000) Location: 4221 Pine Tree Drive This project benefits approximately 14 low/moderate income families at the Aleph Child Day Care Center operated by the JCC, at 4221 Pine Tree Drive, via scholarships or partial fee waivers, thus enabling low/moderate income families to receive quality, affordable child care. 12. MIAMI BEACH METHODIST CHILD CARE CENTER,INC.-ST.JOHN'S CHILD CARE CENTER ($16,0001 Location: 4760 Pine Tree Drive This project provides approximately 9 scholarships per week to low/moderate income families, enabling them to receive quality, affordable child care at the facility located at 4760 Pine Tree Drive, Miami Beach. 2 13. PROJECT SINAI/COMMUNITY OUTREACH - ($15.000) Location: City-wide and 4300 Alton Road This project provides outpatient social,emotional and physical care to low/moderate income residents who "fall through the cracks" once discharged from the hospital, or who are ambulatory patients, as well as the Project Sinai Clinic. 14. NORTH BEACH COMMERCIAL REVITALIZATION/FACADE RENOVATION PROGRAM & FACADE ENHANCEMENT PROGRAM ($190.000) Location: North CD Areas This program is designed to provide: staff support to the North Beach Development Corporation; provide direct grants to property owners and business people in the designated CD target areas in order to rehabilitate commercial buildings (complete interior and exterior renovations), and a Facade Enhancement Program. 15. SOUTH FLORIDA ART CENTER-ECONOMIC DEVELOPMENT PROJECT ($172.0001 Location: Lincoln Road Mall This project provides affordable studio, teaching, and showroom space for emerging low to moderate income artists, and job creation and/or retention for a minimum of fifty five (55) low and moderate income artists. 16. SOUTH FLORIDA ART CENTER-REHABILITATION ($13,500) Location: Lincoln Road Mall This project entails the rehabilitation of existing interior and exterior space at the South Florida Art Center which assists low/moderate income artists. 17. STANLEY C. MYERS COMMUNITY HEALTH CENTER ($35,0001 Location: 710 Alton Road This project continues to provide primary health care to low-moderate income L residents through health maintenance, treatment of illness and providing referrals when necessary. CDBG funds go toward the purchase of over 240 prescription drugs per month for approximately 160 low/moderate income patients using the facility. 3 l AGREEMENT This Agreement is entered into this 1st day of October, 1993, by and between the City of Miami Beach, a Florida municipal corporation, having its principal office at 1700 Convention Center Drive, Miami Beach,Florida, hereinafter referred to as the "City", and The Lesbian, Gay and Bisexual Community Center, Inc., hereinafter referred to as the "Provider." WITNESSETH: WHEREAS, the City has entered into an agreement with the U.S. Department of Housing and Urban Development for the purpose of conducting a Housing and Community Development Program with federal financial assistance under Title I of the Housing and Community Development Act of 1974, as amended, hereinafter called "Act"; and the Cranston-Gonzalez National Affordable Housing Act of 1990; and the Housing and Community Development Act of 1992; and WHEREAS, the City has determined through its Year Nineteen Final Statement of Objectives and Projected Use of Funds, which was adopted by City of Miami Beach Resolution Number 93-20829, July 14, 1993, the necessity for providing counseling, education, recreational activities, and social services for both the alternative lifestyle community and neighborhood residents; and WHEREAS, the City desires to engage the Provider to render certain services in connection therewith: NOW, THEREFORE, the parties hereto agree as follows: SECTION I: SCOPE OF SERVICES The Provider agrees to implement the Year 19 Lesbian, Gay and Bisexual Community Center Program, as follows: A. Youth Services 1. The Provider will implement a youth services project that will offer short-term individual crisis counseling and ongoing support groups to at-risk sexual minority youth._ Through targeted outreach efforts in the community and educational/recreational efforts, it is estimated that the program will serve a minimum of 150 clients. B. Anti-Violence Project 1. The Provider will outreach in the South Beach community to encourage all neighborhood residents to participate in an anti-violence project. This program will include seminars by the police on home and vehicle security and street safety. A neighborhood crime watch will be organized and instituted. Also, self-defense classes will be offered at the Center. This program should provide services to a minimum of 125 clients. C. HIV/AIDS Education and Prevention 1. The Provider will offer seminars on HIV/AIDS education and prevention with the assistance of established AIDS service providers in Dade County. Materials will be available at the Center concerning HIV/AIDS issues. Trained volunteers at the Center will answer HIV/AIDS questions and refer persons to resources in the community. This activity will provide services to a minimum of 200 clients. 2 • • • SECTION II: CONDITION OF SERVICE The Provider hereby agrees to the following: A. The Program shall serve eligible low and moderate income persons living primarily within Miami Beach, but principally in those areas containing a high concentration of such persons. B. The Provider shall maintain in its file the documentation on which basis it determines that the project benefits low and moderate income persons, minorities and residents of Miami Beach. Such records shall include, but not be limited to, the following: 1. Profiles identifying financial classification, head of household, ethnicity, race and gender, or,area benefit data, as required. 2. An outreach plan which insures equitable participation by all eligible Miami Beach residents, and delineates steps taken to solicit increased participation of minority groups. C. The Provider shall maintain a citizen participation mechanism, which will include, but not be limited to the following: 1. Logging citizen comments or complaints when received. 2. Copies of comments and/or complaints received in writing. 3. Copies of responses to complaints and/or explanations of resolutions to complaints. 3 I D. The Provider shall comply with the following attachments to the Office of Management and Budget (OMB) Circular No. A-110, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations", incorporated by reference into this Agreement. 1. Attachment A, "Cash Depositories", except for paragraph 4 concerning deposit insurance. 2. Attachment B, "Bonding and Insurance". 3. Attachment C, "Retention and Custodial Requirements for Records", except that in lieu of the provisions in paragraph 4, the retention period for records pertaining to individual CDBG activities starts from the date of submission of the annual performance and evaluation report, as prescribed in 570.507, in which the specific activity is reported on for the final time. 4. Attachment F, "Standards for Financial Management Systems". 5. Attachment H, "Monitoring and Reporting Program Performance", paragraph 2. 6. Attachment N, "Monitoring Management Standards", except for paragraph 3 concerning the standards for real property and except that paragraphs 6 and 7 are modified so that in all cases in which personal property is sold, the proceeds shall be "program income" and that personal property not needed by the sub-recipient for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient. 7. Attachment 0, "Procurement Standards". 4 ,., E. Costs incurred under this program shall be in compliance with Federal Management Circular No. A-122, "Cost Principles for Non-Profit Organizations", incorporated by reference into this Agreement. F. The Provider shall abide by those provisions of 24 CFR Part 570 Subpart J, when applicable, incorporated by reference into this Agreement. G. No expenditures or obligations shall be incurred for the program prior to approval and release of funds from the U.S. Department of Housing and Urban Development. Further, it is expressly understood that in the event no funds are released from the U.S. Department of Housing and Urban Development in connection with this Program, then the City is not liable for any claims under this contract. H. The Provider shall certify, pursuant to Section 109 of the Act, that no person shall be denied the benefits of the program on the ground of race, color, national origin 'or sex. The Provider agrees that to the extent that it staffs the Program with personnel not presently employed by said party, it will take affirmative action in attempting to employ low income persons residing in the City of Miami Beach,particularly minority group members. J. The Provider shall comply with the provisions of 24 CFR 570.504 (c), "Program Income", with respect to gross income directly generated from the use of CDBG funds. In those instances where the City allows the sub-recipient to retain program income, these funds shall be expended for CDBG eligible activities, previously approved by the City in accordance with the Budget attached to this Agreement. 5 ( K. The Provider shall adhere to the applicable requirements contained in the "Acknowledgement of Economic Development Activities", attached hereto and made a part hereof as Appendix 2, if applicable. L. The Provider shall comply with First Amendment Church/State principles,as follows: 1. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. 2. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. 3. It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of such public services. 4. The portion of a facility used to provide public services assisted in whole or in part under this Agreement shall contain no sectarian or religious symbols or decorations. 5. The funds received under this Agreement shall not be used to construct, rehabilitate, or restore any facility which is owned by the Provider and in which the public services are to be provided. However, minor repairs may be made if such repairs are directly related to the public services; are located in a structure used exclusively for non-religious purposes; and constitute, in dollar terms, only a minor portion of the CDBG expenditure for the public services. 6 M. The Provider shall transfer to the City upon expiration of this Agreement, any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. The following restrictions and limitations apply to any real property under the Provider's control which was acquired or improved in whole or in part with CDBG funds in excess of $25,000: 1. Any real property under the Provider's control must be used to meet one of the National Objectives in the CDBG Regulations, Part 570.208 until five years or such longer period of time as determined appropriate by the City after expiration of the Agreement. 2. If the real property is sold within the period of time specified above, the property must be disposed of in a manner which results in the City being reimbursed in the amount of the current fair market value of the property, less any portion thereof attributable to expenditures on non-CDBG funds for acquisition of, or improvement to, the property. Such reimbursement is required. N. The Provider agrees that when sponsoring a project financed in whole or in part under this Agreement, all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorship of the project, research reports, and similar public notices prepared and released by the Provider shall include the statement: "FUNDED BY THE CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM" In written materials, the words "CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ADMINISTERED BY THE HOUSING AND COMMUNITY DEVELOPMENT DIVISION" shall appear in the same size letters or type as the name of the Provider. 7 + r f f O. The Provider shall ensure the following minimum criteria when entering into a sub- contract agreement: 1. The full correct legal name of the party shall be identified. 2. The "Scope of Services" shall describe the activities to be performed. 3. The amount of the sub-contract agreement, price components, method of payment, and funding sources shall be detailed. 4. A`'provision requiring compliance with all regulatory requirements of this Agreement shall be incorporated. 5. Written approval from the City shall be received prior to any expenditures being incurred under the sub-contract agreement. Failure to obtain prior approval will release the City of any obligation to reimburse the Provider for any costs incurred. P. The Provider shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to determine compliance with the requirements of this Agreement, the Community Development Block Grant Program and all applicable laws and regulations. This documentation shall include, but not be limited to, the following: 1. Books, records and documents in accordance with generally accepted accounting principles,procedures and practices which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and program income. 8 2. Time sheets for split-funded employees, which work on more than one activity, in order to record the CDBG activity delivery cost by project and the non-CDBG related charges. 3. How the Statutory National Objective(s) and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate determinations, income certifications,written agreements with beneficiaries,where applicable. Q. The Provider is responsible for maintaining and storing all records pertinent to this Agreement in an orderly fashion in a readily accessible, permanent and secured location for a period of three (3) years after expiration of this Agreement, with the following exception: if any litigation, claim or audit is started before the expiration date of the three year period, the records will be maintained until all litigation, claims or audit findings involving these records are resolved. The City shall be informed in writing after close-out of this Agreement, of the address where the records are to be kept. R. In the event that the Provider is an organization and/or entity receiving or having received CDBG funds for the purpose of acquiring property intended to be owned or maintained for the use of said organization and/or entity, the City, through its Housing and Community Development Division, may, at its discretion and upon individual evaluation,require the Provider to enter into a separate agreement further restricting the use of the subject property; as well as requiring additional terms and conditions relative to the use of the organization and/or entity's future funds,monies, etc., being used and/or committed toward the buy-down of any debt existing on the property. 9 1 SECTION III: TERM OF AGREEMENT This Agreement shall be deemed effective upon approval and release of funds by the U.S. Department of Housing and Urban Development or upon being duly executed by both parties, whichever is later. This project shall become operational as of October 1, 1993, subject to the approval of this Agreement by the Mayor and City Commission, and shall be completed by September 30, 1994. The term specified herein may be subject to any applicable term restrictions and limitations prescribed by HUD,.and/or as may be otherwise prescribed herein. SECTION IV: TERMINATION The City and the Provider agree: A. This Agreement may be terminated by either party hereto by written notice to the other party of such intent to terminate at least thirty (30) days prior to the effective date of such termination. r B. This Agreement may be terminated in whole or in part, for convenience, when both parties agree upon the termination conditions. A written notification shall be required and shall include the following: reason for the termination, the effective date, and in the case of a partial termination, the actual portion to be terminated. However, if, in the case of a partial termination, the City determines that the remaining portion of the Agreement will not accomplish the purposes of such Agreement, the City may terminate such in its entirety. C. The City may place the Provider in default of this Agreement, and may suspend or terminate this Agreement in whole, or in part, for cause. 10 1. Cause shall include, but not be limited to, the following: a. Failure to comply and/or perform in accordance with this Agreement, or any federal statute or regulation. b. Submitting reports to the City which are late, incorrect or incomplete in any material respect, provided that the City shall not have cause to terminate this Agreement if the Provider has corrected or completed any such report within ten business days of the receipt of written notice from the City advising the Provider that the report is incorrect or incomplete in any material respect, which written notice shall indicate the information which is missing or which must be corrected. c. Implementation of this Agreement, for any reason, is rendered impossible or infeasible. d. Failure to respond in writing, within a reasonable time (which shall in no event be less than five (5) business days), to any concerns raised by the City and communicated to the Provider in writing, including substantiating documents when required/ requested by the City. e. Any evidence of fraud, mismanagement, and/or waste, as determined by the City's monitoring of the sub-recipient, and applicable HUD rules and regulations. 2. The City shall notify the Provider in writing when the Provider has been placed in default. Such notification shall include actions taken by the City, such as withholding of payments, actions to be taken by the Provider as a condition precedent to clearing the deficiency and a reasonable date for 11 compliance, which shall be no more than fifteen (15) days from notification date. 3. The City shall notify the Provider in writing when sufficient cause is found for termination of this Agreement. The Provider shall be given no more than fifteen (15) days in which to reply in writing, appealing the termination prior to final action being taken by the City. D. Let it be further understood that upon curtailment of, or regulatory constraints placed on, the funds by the U.S. Department of Housing and Urban Development, this Agreement will terminate effective as of the time that it is determined such funds are no longer available. E. Costs of the Provider resulting from obligations incurred during a suspension or after termination, are not allowable unless the City expressly authorizes them in the notice of suspension or termination or subsequent thereto. Other costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if: 1. The costs result from obligations which were properly incurred before the effective date of suspension or termination, are not in anticipation of it, and in the case of termination, are noncancelable, and 2. The costs would be allowable if the award were not suspended or expired normally at the end of the Agreement in which the termination takes effect. F. Upon termination of the Agreement, the Provider and the City shall meet to discuss the City's determination if any amounts are to be repaid to the City or if additional amounts are due the Provider. 12 SECTION V: AMENDMENTS Any alterations, variations, modifications or waivers of this Agreement shall only be valid when they have been reduced to writing and duly signed by both parties. Any changes which do not substantially change the scope of the project and/or the Project Implementation Schedule or increase the total amount payable under this Agreement, shall be valid only when reduced to writing and signed by the City Administration and the Provider. The City shall not reimburse the Provider for outlays in excess of the funded amount of the Agreement unless and until the City officially, in writing, approves such expenditure by executing a written modification to the original Agreement. SECTION VI: METHOD OF PAYMENT It is expressly understood and agreed that the total compensation to be paid hereunder for actual expenditures incurred shall not exceed Twenty Thousand dollars ($20,000)from Year Nineteen (19) funds. Such funds must be expended during the term of the Agreement, and any remaining balance of funds shall revert to the City. Such compensation shall be paid in accordance with the Budget attached hereto and made a part hereof as Appendix 1. A. The Provider shall submit monthly requests for payment for actual and/or anticipated expenditures,including applicable back-up documentation, no later than the tenth (10th) day of the succeeding month and the City will provide payment, upon approval, within ten (10) working days after receipt of the same, if submitted by the deadline date for inclusion on the drawdown request. B. The City agrees to pay the Provider for expenditures incurred under this Agreement on a monthly basis in accordance with the Budget and Project Implementation Schedule attached hereto and made a part hereof as Appendix 1. Line item transfers 13 are allowable only within each component and may not exceed in the aggregate ten percent (10%) of each line item, and must have prior written approval of the City. SECTION VII: CONFLICT OF INTEREST The Provider covenants that no person, under its employ who presently exercises any functions or responsibilities in connection with Community Development funded activities, has any personal financial interests, direct or indirect, in this Agreement. The Provider covenants that in the performance of this Agreement, no person having such conflicting interest shall be employed. The Provider covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and the State Statutes governing conflicts of interest. The Provider shall disclose, in writing, to the City any possible conflicting interest or apparent impropriety that is covered by the above provisions. This disclosure shall occur immediately upon knowledge of such possible conflict. The City will then render an opinion which shall be binding on both parties. SECTION VIII: INDEMNIFICATION AND INSURANCE The Provider, through an insurance carrier, shall indemnify and hold harmless the City from any and all claims, liability, losses and causes of action which may arise out of an act, omission, negligence or misconduct on the part of the Provider or any of its agents, servants, employees, contractors, patrons, guests, clients, licenses or invitees or of any other person entering upon the Provider's place of business. The Provider, through its insurance carrier, shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the City, when applicable, and shall pay all costs and judgements which may issue thereon. 14 • The Provider, through an insurance carrier, shall provide a General Liability Policy with coverage for Bodily Injury and Property Damage,in the amount of$500,000 single limit(the policy must include coverage for contractual liability to cover the above indemnification); and the City of Miami Beach shall be named as an additional insured followed by the statement: "This coverage is primary to all other coverage carried by the City covering this specific agreement only." The Provider shall hold proof of Workers' Compensation Coverage as per statutory limits of the State of Florida. Automobile and vehicle coverage shall be required when the use of automobiles and other vehicles are involved in any way in the performance of the Agreement. The Provider shall submit to the City an ORIGINAL Certificate of Insurance. All insurance coverage shall be approved by the City's Insurance Manager prior to the release of any funds under this Agreement. Further, in the event evidence of such insurance is not forwarded to the Insurance Manager within thirty (30) days after the execution of this Agreement, this Agreement shall become null and void and the City shall have no obligation under the terms thereof unless a written extension of this thirty (30) day requirement is secured from the Insurance Manager. • SECTION IX: REPORTING AND EVALUATION REQUIREMENTS Maintaining credibility for the community development effort rests heavily on the ability to produce an impact in low/moderate income areas, through progress in' accomplishing scheduled activities. An effective method for maintaining project progress against a previously established schedule is through project evaluation and reporting, which will consist of both written reports and staff discussions on a regular basis including quarterly 15 meetings with all parties of interest attending for the purpose of insuring effective contract execution. The Provider also assures prompt and efficient submission of the following: A. Monthly Reports are due no later than the tenth (10th) day of the succeeding month and shall include the request for payment when applicable. Contents of the Monthly Report, attached hereto and made'a part hereof as Appendix 3, shall include but not necessarily be limited to, the following: 1. The Narrative Report. 2. The-Financial Status Report,which shall include the request for payment and documentation, as applicable. 3. The Client Profile Report. B. Final Evaluation. Within twenty (20) days of contract completion, a final report documenting how the Statutory National Objective and the eligibility requirements were met, must be submitted by the Provider to the City's Community Development Division for review and approval. The contents of same shall include a cumulative total of the data submitted during the program's operation. Further, such report shall include statistical findings which depict program efficiency; i.e., the number of dollars spent, including non-CDBG funding sources, to render actual service to program recipients, and an overall evaluation of the program's effectiveness, and quantitative results. The final report will be evaluated and the Provider will be notified if additional data is necessary or that the project/activity is considered "closed-out". Other Reporting Requirements may be required by the City in the event of program changes, the need for additional information or documentation, and/or legislative amendments. The Provider shall be informed, in writing, if any changes become necessary. 16 I I , f I 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 CDBG payments to the Provider. SECTION X: AUDIT AND INSPECTIONS At any time during normal business hours and as often as City and/or Federal Government representatives may deem necessary, there shall be made available to representatives of the City and/or the Federal Government to review, inspect or audit all records, documentation, and any other data relating to all matters covered by the Agreement. An annual organization audit shall be submitted to the City 180 days after the end of the Provider's fiscal year. The audit shall be performed in accordance with OMB Circular A- 110 Attachment F, OMB Circular A-133 or OMB Circular A-128, as applicable. If this Agreement is closed-out prior to the receipt of an audit report, the City reserves the right to recover any disallowed costs identified in an audit after such close-out. SECTION XI: COMPLIANCE WITH LOCAL, STATE & FEDERAL REGULATIONS The Provider agrees to comply with all applicable federal regulations as they may apply to program administration. Additionally, the Provider will comply with all state and local laws and ordinances hereto applicable. SECTION XII: ADDITIONAL CONDITIONS AND COMPENSATION It is expressly understood and agreed by the parties hereto that monies contemplated by this Agreement to be used for the compensation, originated from grants of federal Community • 17 Development Block Grant funds, and must be implemented in full compliance with all of HUD's rules and regulations. It is expressly understood and agreed that in the event of curtailment or non-production of said federal grant funds, that the financial sources necessary to continue to pay the Provider compensation will not be available and that this Agreement will thereby terminate effective as of the time that it is determined that said funds are no longer available. In the event of such determination, the Provider agrees that it will not look to, nor seek to hold'liable, the City or any individual member of the City Commission thereof personally for the performance of this Agreement and all of the parties hereto shall be released from further liability each to the other under the terms of this Agreement. XIII: LIMITATION OF LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit • on City's liability for any cause of action for money damages due to an alleged breach by the City of this agreement, so that its liability for any such breach never exceeds the sum of $20,000. 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 $20,000, 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 $20,000 which amount shall be reduced by the amount of the funding actually paid by the City to Provider pursuant to this agreement, for any action or claim for breach of contract arising out of the performance or nonperformance of any obligations imposed upon the City by this Agreement. Nothing contained in this subparagraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set forth in Florida Statutes, Section 768.28. 18 XIV: ARBITRATION Any controversy or claim for money damages arising out of or relating to this Agreement, or the breach hereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and the arbitration award shall be final and binding upon the parties hereto and subject to no appeal, and shall deal with the question of the costs of arbitration and all matters related thereto. In that regard, the parties shall mutually select one.arbitrator, but to the extent the parties cannot agree upon the arbitrator,then the American Arbitration Association shall appoint one. Judgment upon the award rendered may be entered into any court having jurisdiction, or application may be made to such court for an order of enforcement. Any controversy or claim other than a controversy or claim for money damages arising out of or relating to this Agreement, or the breach hereof, including any controversy or claim relating to the right to specific performance, shall be settled by litigation and not arbitration. SECTION XV: 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: Shirley Taylor-Prakelt, Director Housing & Community Development Division City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Provider: Douglas Thornburg and Suzanne Michelle, Co-Presidents The Lesbian, Gay and Bisexual Community Center, Inc. 1335 Alton Road Miami Beach, FL 33139 19 • 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. STP/cmc ATTEST: THE TY OF MIAMI B , FL ak.c),AlA CITY CLERK MAYOR WITNESSES: THE LESBIAN, GAY AND BISEXUAL COMMUNITY CENTER, INC. 4,€;-/t-()' MA-Rt a c. Gou a a L AUTHORIZED SIGNATOR 4: Gtu t c, °Disco PRINT OR TYPL3 NAME AND TITLE OF AUTHORIZED SIGNATOR qhia,tt2no (-2t1,(f ATLA•t- nsAatA c . Go AUTHORIZED S NATOR Co 'J 6L t LAw b t stb PRINT OR TYPE NAME AND TITLE OF AUTHORIZED SIGNATOR LG&B-COM.CTR FORM A VED I L EPT. Date /0/ /V .3 20 410 APPENDIX 1 BUDGET SUMMARY BUDGET ITEMIZATION BUPCET suMAAP:i . ErigEgir . .. .. , *Act operator THE LESBIAN & GAY COMMUNITY CENTER TOW 9 3/94 Dais Srbr11liad 9/22/9 3 _ ..4,..ter • amber Caiagciy Breakdown CD Funds Mbar Facade Oliver Fording Sources Tote Funds 12, 000 - - 12,000 • Health Crisis Network 2 • . ract Services - 52,680 Chicago Resource Grant 52,660 Fundraising/Donated Space Rend - • 3 40,000 Fundraising 40,400 •V6[� Lease ~ �r1 4 • Purchase - _ ! - - 1 5 ravel . - _ - b II . 8,000 - 5.830 Fundraising 13 830 Chicago Resource Grant ' I . 7 - - - - - • ' - ': "pe 9 - - ..♦ s .- T�a� tiD ��I�a"' 20, 000 Y 4• 1s `:,4.:4.!• •.'..., ;^.` e c;-, •, .'' (,-.,,4,:,g k " • a.; • F , 1eS `Z'- 14:-.i::.::, :-'1?- > : i...1C,c :1 wit .ate - - F ~ •S•``: _'., a ..r.,a•� 8 \ ,f•°' ` J •Z,t� �. X, < ��'�" +v -.'�"<.,=�^ r other Fonda: � ?�~ 3' Y ,,ii�` <- ++ .' 98,510 ,-�'` ,}. 4''''n 'i� �' - y,,: - iy "lt • Q� r..r k ..t_..� �= `-C-. >t• --v, �` �`._r� 'e".ir^74 .:� -. `-.a•• .•..'` •;_ `� . • t-s ck .-..c ;'i z;,s_'.-N - C _ K `r'"'ti. aY '.;w,f y_l' :.c,F 7 ' Y 117: Grand Total ._> ': -—, , x; : �`� _- .p... ..d': , .M....-_ 11 s. si n BUDGET ITEMIZATION SHFEF Psolea0Perallor LECRTAM n GAY ClayMIIMITY CENTER Fundikaglroar 9 3/9 4 Dias 'Si ed 9/22/93 1 2 Building/Office Managers (part-time)@$a x 15hrs/wk 12, 000 ow Amount 12, 000 • Pale 1 of 4 BUDGET ITEMIZATION ShEET :, Fir ftYNr 93//94 • 9/22/43 L S82AA1 & Y CO�"4++lijI'!'Y CENTER„ 22,500 2 One Health Crisis Network AIDS outreach counselor - 12,500 ro ect @$25/hr flat rate Therapists' services for youth P � 9,360 Consultant services for youth project at $20/hr donated Consultant services for AIDS/HIV project at $20/hr donated 6,240 2,080 Consultant services for self-defense instruction 3$24ihr t 52,680 ii Page 2 of 4 r i BUDGE' ITEMIZATION SRFZF Poled°PsMOI LESBI adSt S. GAY c('4(UNITY CENTEJ Funding Year 93/94 Dale Submilliad9/22/93 • 3 Mortgage payment s & buydown for one year - 40,000 OW Amara* 40,000 Page 3 of 4 7 P 0 BUDGET ITEMIZATION SHEET ..• PRIbut ._j,ESRiAN .. (_AY rflIMAT ! TTY ("PATER FUnding 213-1 De" .. + lle r Cyr Salado j 6 Telephone monthly service $ $60/mo x 12 months 204C 720 '~ Utilities: electric, water, sewar, and gas @ $170/mo x 12 5000 .,� Insurance cots 3600 . Postage @ $300/mo x 12 800 Office supplies $150/mo x 12 _ 273 Occupational retail office license 157 Certificate of use (3 ) 240 Repair and Upkeep _ 5000 5830 Amountalai L rase 4-- --4--- • APPENDIX 2 ACKNOWLEDGEMENT OF ECONOMIC DEVELOPMENT ACTIVITIES ACKNOWLEDGEMENT/CERTIFICATION OF ECONOMIC DEVELOPMENT ACTIVITIES If the Provider will be using Community Development Block Grant (CDBG) funds for an Economic Development Activity,the following federal requirements must be acknowledged: LOW/MODERATE INCOME JOBS Criteria: A low/moderate job activity is one which creates or retains permanent jobs, at least 51% of which are taken by low/moderate income persons or considered to be available to low/moderate income persons. In counting jobs created or jobs retained, the following policies apply: Part-time jobs must be converted to full-time equivalents. • Only permanent jobs count. Temporary jobs may not be included. Regardless of the sources of funding,all permanent jobs created by the activity must be counted. Trickle-down jobs (jobs indirectly created by the assisted activity) may not be counted. For jobs retained, the following additional criteria apply: There is clear and objective evidence that permanent jobs will be lost without CDBG assistance. Such evidence includes: a notice issued by the business to affected employees, a public announcement by the business, or relevant financial records. Retained jobs are considered to involve the employment of low/moderate income persons if 51% of such jobs are known to be held by low/moderate income persons when CDBG assistance is provided. Jobs are considered to be available to low/moderate income persons when both the following conditions are fulfilled: Special skills that can only be acquired with one or more years of training or work experience, or educations beyond high school, are nnt a pre-requisite to fill such jobs, or else the business nevertheless agrees to hire unqualified persons and train them; IAA Page 1 of 4 a. • • ACKNOWLEDGEMENT/CERTIFICATION OF ECONOMIC DEVELOPMENT ACTIVITIES (Continued) The Provider ensures that the assisted business adheres to the principles of "first consideration"by: using a hiring practice that in all likelihood will result in over 51% of those hired being low/moderate income persons; seriously considering a sufficient number of low/moderate income job applicants to meet this intent; determining that the distance from the job applicant's residence is close to the job site or that transportation is available to the job site. RECORDS TO BE MAINTAINED Where the low/moderate income benefit is based on job creation, the Provider's files must include the documentation described in either (A) or (B) below: (A) For activities where at least 51% of the jobs will be available to low/moderate income persons, documentation for each assisted business must include: (1) A copy of a written agreement containing: (a) A commitment by the business that it will make at least 51% of the jobs available to low/moderate income persons and will provide training for any of those jobs requiring special skills or education; and, (b) A listing by job title of the permanent jobs to be created, indicating which jobs will be available to low/moderate income persons, which jobs require special skills or education, and which jobs are part-time; and, (c) A description of actions to be taken by the Provider and business to ensure that low/moderate income persons receive "first consideration" for these jobs; and, (d) A listing, by job title, of permanent jobs filled, and which jobs were available to low/moderate income persons, as well as a description of how"first consideration"was given to such persons for those jobs. The description must include what type of hiring process was used; which low/moderate income persons were interviewed for a particular job and which interviewees were hired. Page 2 of 4 ACKNOWLEDGEMENT/CERTIFICATION OF ECONOMIC DEVELOPMENT ACTIVITIES (Continued) (B) For activities where at least 51% of the jobs will be taken by low/moderate income persons, documentation for each assisted business must include: (1) A copy of a written agreement containing: (a) A commitment by the business that at least 51% of the jobs, on a full- time equivalent basis, will be taken by low/moderate income persons and a listing by job title of the permanent jobs created; and, (b) A listing,by job title, of the permanent jobs filled and which jobs were initially held by low/moderate income persons; and, (c) Information on the size and annual income of the person's immediate family prior to the low/moderate income person being hired for the • job. (2) Where low/moderate income benefit is based on job retention, the files must include the following documentation: (a) Evidence that jobs would be lost without CDBG assistance. (b) A listing, by job title, of permanent jobs retained, indicating which of those jobs are part-time and (if known) which are held by low/moderate income persons at the time the assistance is provided. (c) Identification of any 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 low/moderate income person. Acceptable documentation on job applicant/employee family income includes any one of the following: (i) Notice that job applicant/employee is a referral from state, county or local employment agency or other entity that agrees to refer individuals determined to be low/moderate income according to HUD criteria. (These entities must maintain documentation for city of federal inspection.) Page 3 of 4 ACKNOWLEDGEMENT/CERTIFICAATION OF ECONOMIC DEVELOPMENT ACTIVITIES (Continued) (ii) Written certification, signed by the job applicant/employee, of family income and size to establish low/moderate income status by showing: the actual income of the family, or a statement that the family income is below CDBG low/moderate income requirements. (These certifications must include a statement that they are subject to verification by the local or federal government.) (iii) Evidence that job applicant/employee qualifies for assistance under another program with income qualification criteria at least as restrictive as those used by the CDBG program, such as referrals from the Job Training Partnership Act (JTPA) Program, except for referrals under the JTPA Title III Program for dislocated workers. ADDITIONAL CONSIDERATIONS The Provider must prepare an "appropriate" 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 new Act, does not override the requirements at 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 of CDBG assistance are: Grants, loans, loan guarantees, interest supplements, technical assistance or another form except for those described as ineligible in CDBG Regulations 570.207. This determination is to ensure that the amount of the financial assistance is not excessive in light of the actual needs of the business and the expected public benefit. Examples of CDBG assistance are grants, loans, loan guarantees, interest supplements, technical assistance or another form except for those described as ineligible in CDBG Regulations at 570.207. If no CDBG assistance of a financial nature is being provided for a private, for-profit entity, then the "necessary or appropriate; determination would need to address the public benefits to be derived from assisting each business but would not require a financial analysis of the business' need for the grant or loan. I hereby acknowledge that I have read the specific requirements for economic activities contained in this Acknowledgement/Certification, and that eligibility of my organization's project depends upon compliance with their requirements contained in this document. SIGNATURE NAME/TITLE OF SIGNATOR NAME OF ORGANIZATION DATE Page 4 of 4 • • • APPENDIX 3 NARRATIVE REPORT FINANCIAL STATUS REPORT • CLIENT PROFILE REPORT City of M a Beach Commun JevelopmcRt lock Grant Program :... + :ear 9 Client Profile Report 1993-4 Reporting Month/Year: Project Category: Project Provider: Signature & Title: Activities, Programs or Services Funded: Date Submitted: Ethnicity Activities, Programs Or Sehen,Provided Households/ Female Income Range White Not Black Not American Indian Asian or during Reg Period Persons HOH Hispanic Hispanic Hispanic or Alaskan Pacific Assisted 50% of M 8056 of M Origin Origin Native Islander _ 1 2 3 4 5 7. . -: Col. 1 Describe activities, programs, or type of services provided during reporting period, e.g. hot meals;prescription medications; shopping visits, etc. Col. 2 Top: Provide number of clients assisted during reporting period; Bottom: Provide number of YTD clients assisted. Col. 3 Top: Provide number of female head of households assisted during reporting period; Bottom: Provide number of YTD female head of households assisted. Col. 4 Top: Provide actual number of clients assisted during reporting period by income range (50% or 80% of median income). Bottom: Provide actual number of YTD clients assisted by income range(50% or 80% of median income). - Col. 5 Top: Provide ethnic breakdown for clients assisted during reporting period; Bottom: Provide ethnic breakdown for YTD clients assisted. Note: Top numbers must add up to the top figure in Col.2; Bottom numbers must add up to bottom figure reported in Col. 2. - CD116 Year 19 City of Miar, ch / Community Development Block Grant Program - ' 1 Financial S an is Report Project Category: Reporting Month/Year: Project Provider: Signature& Tide: Services Funded: Date Submitted: Month Year Month to Date Year to Date Adopted Revised to Date to Date Available Program Income./ Program Income/ CMB Budget Account Number/Tide: Budget Budget Expenditures (1) Expenditures (1) Funds Revenue (2) Revenue (2) Yr 19 TOTALS: (1) The reporting month's (with supporting documentation attached)and year to date expenditures. (2) Complete only if applicable. CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM NARRATIVE REPORT YR 19 FY 1993/94 Project Category: Project Provider: Project Number: Services Funded: Reporting Month/Year: / Date Submitted: / /9_ Signature & Title: Describe activities completed and/or services provided during reporting period. Detail those accomplishments cited above conducted during the reporting period. Provide units of measure to quantify your accomplishments described. State problems encountered during the reporting period which impacted your organization's ability to either provide services or complete projects. List special recognition received during the reporting period. • CERTIFICATIONS CDBG FUNDED CONSTRUCTION/REHABILITATION PROJECTS LEAD BASED PAINT REQUIREMENTS • RELIGIOUS ORGANIZATION REQUIREMENTS CERTIFICATION REGARDING LOBBYING DRUG-FREE WORKPLACE REQUIREMENTS CERTIFICATION OF CDBG FUNDED CONSTRUCTION/REHABILITATION PROJECTS If the Provider anticipates using CDBG funds for construction or rehabilitation, the following federal and City of Miami Beach requirements must be acknowledged: A. All construction or rehabilitation plans and specifications for the project must be approved by the city's departments of Planning, Design and Historic Preservation Division, Public Services, Building, Code Enforcement, and Fire. If the project is located in the Miami Beach Architectural District, or affects a building listed or eligible for listing on the National Register of Historic Places, all plans and specifications must be approved by the State Historic Preservation Office (SHPO), in accordance with the Memorandum of Understanding between the SHPO and the City. B. The City shall not be obligated to pay any funds to the project prior to the completion by the City of an environmental review of the project, and said review is approved by any government agencies as may be required by law. C. The Provider will assure all wages paid to construction workers by it or its subcontractors are in compliance with federal, state and local labor requirements. The Provider agrees to include in the construction bid specifications in connection with this agreement the applicable Federal Wage Determination assigned to this project by HUD. The Provider must also inform his contractor/subcontractors that they will be required to submit documents after a city-conducted pre-construction conference and prior to construction.. Weekly and/or monthly reports must be submitted thereafter, as required by the federal government. D. The Provider agrees to comply with, and to assure that its subcontractors comply with, the federal Office of Management and Budget (OMB) Circular Number A-102 , Attachment E for programs funded in whole or in part by CDBG funds; with federal OMB Circular A-102 Attachment 0 for the procurement of supplies, equipment, construction and services;and with Federal Management Circular A-87; or any other applicable OMB circular. E. Pursuant to Section 109 of the Act, the Provider specifically agrees that no person shall be denied the benefits of the program on the grounds of race, color, sex, religion or national origin. F. The Provider agrees, on its own behalf and on behalf of its contractors and subcontractors, to take affirmative action in attempting to employ low income and minority persons, as mandated by law. G. As required by OMB Circular Number A-102, and by Florida Statutes Section 287.055, professional services must be competitively selected. The competitive selection process must include: a public advertisement, issuance of a request for proposal and a competitive review based on uniform criteria. Selection criteria must Page 1 of 3 • CERTIFICATION OF CDBG FUNDED CONSTRUCTION/REHABILITATION PROJECTS (Continued) consider the basic qualifications, professional competence, experience and suitability of each firm. Fees for professional services must be requested as a fixed sum and not stated as a percentage of construction costs. H. All documents, bid specifications, notices and construction drawings must be submitted for the review and approval of the Housing and Community Development Division prior to public advertisement. The bidding process for construction contracts must include a formal advertisement, published in The Miami Review, Dodge Reports and The Miami Builder's Exchange. This announcement must include the following: 1. The date, time and place that bid documents are available, and the same information for any pre-bid conferences and receipt of bids. 2. The requirement of bid surety in the amount of ten percent (10%) of the bid, and a performance and payment bond equal to 100% of the award. 3. A standard statement regarding the "in whole or in part" federal funding of the project and the various applicable federal regulations. J. The City reserves the right to be present at the time of bid openings. If City CDBG monies are the sole funding source, the City may require that bids be received and opened by the City's Purchasing Department. K. The Provider agrees to submit to the City's Housing and Community Development Division all documentation of the steps followed in the selection of professional services and construction contracts. L. The Provider agrees to specify a time of completion and include a liquidated damage clause in all construction contracts. Cost plus a percentage of cost, and percentage of construction cost contracts will not be permitted. M. If the Provider is awarded CDBG funds, other conditions and requirements will be specified in the funding agreement. N. The Provider agrees that it will not start construction until an official "Notice to Proceed" has been issued. Page 2 of 3 5 CERTIFICATION OF CDBG FUNDED CONSTRUCTION/REHABILITATION PROJECTS (Continued) O. Pursuant to 570.608 of the CDBG Regulations, and the new provisions in the Housing and Community Development Act of 1974 as amended, the Provider agrees to comply with the inspection, notification, testing and abatement procedures concerning lead-based paint. I hereby acknowledge that I have read the specific requirements contained in this Certification,and that eligibility of my organization's project depends upon compliance with the requirements contained in this document. Signature Name/Title of Signator Name of Organization Date Page 3 of 3 CERTIFICATION OF LEAD BASED PAINT REQUIREMENTS APPLICABILITY: A. The lead based paint rule applies to CDBG-funded housing activities involving construction, purchase and rehabilitation. B. The following housing rehabilitation activities are excepted: 1. Emergency repairs (but not lead based paint-related emergency repairs) 2. Weatherizing 3. Water and/or sewer hookups 4. Installation of security devices • 5. Facilitation of tax exempt bond issuances for funds 6. Other single-purpose activities that do not include physical repairs or remodeling of applicable surfaces 7. Other activities that do not involve applicable surfaces and do not exceed $3,000 per unit. INSPECTION AND TESTING REOUIREMENTS: The Provider shall be required to test the lead content of chewable surfaces of an apartment building to be rehabilitated, if there is a family residing in one of the units with a child under seven years of age with an identified elevated blood level condition (concentration of lead in blood of 25 micrograms per deciliter or greater) and the building was constructed prior to 1978. Chewable surfaces are defined as all exterior surfaces of a residential structure, up to five feet from the floor or ground, such as: a wall, stairs, deck, porch, railing, windows or doors that are readily accessible to children under seven years of age, and all interior surfaces of a residential structure. Lead content shall be tested by using an x-ray fluorescence analyzer or other method approved by HUD. Test readings of 1 mg/cm or higher shall be considered positive for presence of lead based paint. REOUIRED TREATMENT: Treatment of lead based paint conditions must be included as part of the proposed rehabilitation work. All chewable surfaces in any room found to contain lead based paint must be treated before final inspection and approval of work. Similarly, all exterior chewable surfaces must be treated when they are found to contain lead based paint. Page 1 of 2 CERTIFICATION OF LEAD BASED PAINT REQUIREMENTS `(Continued) Minimum treatment involves covering or removing the painted surfaces. Washing and repainting without thorough removal or covering does not constitute adequate treatment., Covering can be achieved by adding a layer of gypsum wallboard or fiberglass cloth barrier. Depending on the wall condition, permanently attached, non-strippable wallpaper may be applied. Covering or replacing trim surfaces is also permitted. Removal can be accomplished by scraping, heat treatment (infra-red or coil type heat guns) or chemicals. Machine sanding and propane torch use are not allowed. I hereby acknowledge that I have read the specific requirements for lead based paint contained in this Certification, and understand that my organization's project eligibility depends upon compliance with the requirements contained in this document. ;11.. ( Sign.,- re tie 7 l� - 1)-e Er\JetA Name/Title of Signator L 5 l/�1 aA'`, A..ti J (d)ye,c.u,aX limhOkAm.' Gu.kr Name of Organ' ation / ,1p/./47 Date Page 2 of 2 CERTIFICATION OF RELIGIOUS ORGANIZATION REOUIREMENTS In accordance with First Amendment of the U.S. Constitution - "church/state principles", CDBG assistance may not, as a general rule, be provided to primarily religious entities for any secular or religious activities. Therefore, the following restrictions and limitations apply to any provider which represents that it is, or may be deemed to be, a religious or denominational institution or an organization operated for religious purposes which is supervised or controlled by or operates in connection with a religious or denominational institution or organization. A religious entity that applies for and is awarded CDBG funds for public service activities must agree to the following: 1. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion; 2. It will not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion; 3. It will provide no religious instruction or counselling, conduct no religious worship or services,engage in no religious proselytizing,and exert no other religious influence in the provision of such public services; 4. The portion of a facility used to provide public services assisted in whole or in part under this Agreement shall contain no sectarian or religious symbols or decorations; and The funds received under this Agreement shall not be used to construct, rehabilitate, or restore any facility which is owned by the Provider and in which the public services are to be provided. However, minor repairs may be made if such repairs are directly related to the public services; are located in a structure used exclusively for non-religious purposes; and constitute, in dollar terms, only a minor portion of the CDBG expenditure for the public services. I hereby acknowledge that I have read the specific requirements contained in this Certification,and that eligibility of my organization's project depends upon compliance with the requirements contained in this document. Sign re cIu -can/ c. ,//r,.I //� c-!'ns, % / Name/Title of Signator 4 / 644/741/h r C t/t h ,I- c. Name of Organization • 70 2 f Date Page 1 of 1 CERTIFICATION REGARDING.LOBBYING Name of Recipient: CITY OF MIAMI BEACH Name of Sub-recipient: /17d r Jim.►' GU 4, i &u A 1 G4444 Grant Program Name: COMMUNITY DEVELOPMENT BLOCK GRANT Grant Number. B-93-MC-12-0014 Date: f C/ J/9U 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. .44(126 Signa9tre Lre1.4 1,N_ /��Gf:(//e -ers,l'I Name/Title of Signator ._ 1 Cat 4 �� �X/.�S/ c.�/1-./14Oi I CP2 le//1 Name of Organizzon Date Page 1 of 1 CERTIFICATION OF CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS Name of Recipient: CITY OF MIAMI BEACH Name of Sub-recipient: / 63 4,1 Grant Program Name: COMMUNITY DEVELOPMENT BLOCK GRANT Grant Number: B-93-MC-12-0014 Date: /c/VA 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 of Performance (include street address, city, county, state, zip code for each site): 6;c/ (.0-",-,411./.41;/2 Ce,rio,;-277 . / S ���„ ' Zoe?', CZ Y-f/E. Sign re zew/L-cc: //,__ 6)7-As/ / Name/Title of Signator ..c,t'.GI / /y!!/✓l J t.('A If/ t..,//� Name of OrgariAtion �` /o -Za 9 Date Page 1 of 1 • • ATTACHMENTS CITY OF MIAMI BEACH LOW AND MODERATE HOUSEHOLD INCOME LIMITS CITY OF MIAMI BEACH INCOME SUMMARY DATA CITY OF MIAMI BEACH PERCENTAGE OF LOW/MODERATE INCOME PERSONS SECTION 3 CLAUSE EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTS SUBJECT TO EXECUTIVE ORDER 11246 CITY OF MIAMI BEACH LOW AND MODERATE HOUSEHOLD INCOME LIMITS (EFFECTIVE: 5/25/93) A low income or a 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. HOUSEHOLD SIZE MODERATE INCOME* LOW INCOME** 1 PERSON 23,450 14,650 2 PERSONS 26,800 16,750 3 PERSONS 30,150 18,850 4 PERSONS 33,500 20,950 5 PERSONS 36,200 22,650 6 PERSONS 38,900 24,300 7 PERSONS 41,550 26,000 8 PERSONS 44,250 27,650 * 80% of Median Income ** 50% of Median Income SOURCE: U.S. Department of Housing & Urban Development "Section 8 Housing Assistance Payments Program" HUD Circular Letter 93-20 Page 1 of 1 CITY OF MIAMI BEACH - LOW/MODERATE INCOME DATA DATA PROVIDED BY U,S. HUD MEMORANDUM "CDBG 1990 CENSUS INCOME SUMMARY DATA" (ISD) - JULY 2. 1993 FLAMINGO TARGET AREA CENSUS TRACT TOTAL L/M 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 73% L/M NORMANDY ISLE TARGET AREA CENSUS TRACT TOTAL L/M PERSONS TOTAL PERSONS % LOW/MOD 39.05-2 2,408 3,346 71.97 39.05-4 2,401 3,071 78.18 TOTAL 4,809 6,417 75% L/M NORTH SHORE TARGET AREA CENSUS TRACT TOTAL L/M 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 i 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 TOTAL 8,677 12,000 72% L/M Page 1 of 1 N A A A A A A A A A A A A A A A A A A A A A A w w w w w w w w w w w w w w w w w w w w n 0 NNNNNNNr+ ►-+ ►- 0-+ ►+ r+ r+ 000OOOOOIDIDp DVD DVDVDVOVOVO :DVDVDVDVDVDq) 4D4D ri - - n O O O O O O O p p p O O O O O O 0 O O 0 O O O O O O O z , tJ [J --+ .+ .. .. --+ O� Q� O� c/► c11c1� t11NNNNNN ►-+ �--+ r-+ �+ r-+ ►-+ �-+ „^, n ` !( CA F-+ 0 JONtnA WNr+ Nr+ tAAWNr+ 00 -4CALAAWNr+ Oo -4C\ AWN1--+ VDcnAWNr-+ -10\ cn4 W N1--+ ' � . b n. Cn �1 - 00 —1 00 N N A V1 Cn 00 W r-+ N 0h r+ N W A r-+ r+ —1 W —1 A W A —1 r-+ J J N �1 —1 O\ Co —1 Vi Cr1 C\ %Ov► � W A (1 000vr-+ W W r✓ NtANVDON ►-+ LAr+ APOor-+ r-+ 0 OAA5W 00N00 -I0% A0o ri CsO� VD8Wcnv► inin boC. .4. i-+ OO CCCotJIncntJCT �lAg ►-+ r-+ 4D �10oi Cn Go4a4DIA0, r-+ 4D r-+ tJ • Q' t 000 —1 to0or-+ r-+ Or+ Or-+ r-+ OOALALAto nto 0ocn -1 C00% A0og0000% 0or-+ 0 -10h0 "r1 +„� b . 03 A 5 r+ Cn Cn LA to Cn A A A A A A 4 Q.) to) W Co) CA) W W0 VD VD ;^ z to co 0. >v 4D VDNr-+ 00 -4ChtAA to Nr+ -1O% tn4 W Nr+ O S �. z "�" go N Ch � � 4 r� r-+ • w 44 'O 95Dp0 W0000 J V/i 0 - 0- 0000 0 . Uio W W 80O (j W A 0000000004D40000N00000O% 40~O W - 4 0 d • SECTION 3 CLAUSE A. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area, and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. B. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135.20, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. C. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization of workers' representative of his commitments under this Section 3 Clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. D. The contractor will include this Section 3 Clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135.20. The contractor will Page 1 of 2 SECTION 3 CLAUSE (Continued) • not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135.20, and will not let nay subcontract unless the subcontract has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135.20, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR 135.20. • • Page 2 of 2 EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTS SUBJECT TO EXECUTIVE ORDER 11246 The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the. contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment,upgrading,demotion,or transfer;recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous place, available to employees and applicants for employment, notices to be provided setting forth the provision of this nondiscrimination clause. (2) The contract will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. Page 1 of 4 EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTS SUBJECT TO EXECUTIVE ORDER 11246 (Continued) (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and'such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1), and the provisions of paragraphs (1) through (7) in every subcontract Page 2 of 4 • .. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTS SUBJECT TO EXECUTIVE ORDER 11246 (Continued) or purchase order unless exempted by rules, regulations, or orders of the Secretary. of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United Stated to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: provided that, if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. Page 3 of 4 4 \ v EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTS SUBJECT TO EXECUTIVE ORDER 11246 (Continued) The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency of the Secretary of Labor pursuant to Par II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakes, the administering agency may take any or all of the following actions: cancel, terminate, suspend in whole or in part this grant (contract, loan, insurance guarantee); refrain from extending any further assistant to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the department of Justice for appropriate legal proceedings. Page 4 of 4