93-20935 Reso , • •
RESOLUTION NUMBER 93-20935
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 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.
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 South Florida Art
Center, Inc., hereinafter referred to as the "Provider", for an economic development activity
that will provide affordable studio, showroom and/or teaching space to low and moderate
income artists; and
WHEREAS, pursuant to such Agreement, the Provider will receive a total
amount of One Hundred Seventy Two Thousand dollars•($172,000) 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
t ) , 1 ,y
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 $172,000 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 South Florida Art Center, Inc., with a funding amount of One
Hundred Seventy Two Thousand dollars ($172,000), for a special economic development
activity that will provide affordable studio, showroom and/or teaching space to low and
moderate income artists.
STP/cmc
PASSED AND ADOPTED THIS 20th DAY OF Oc ober , 1993.
/ 1
•477911,
ATTEST:
'ZOO C• ISvM• ....
CITY CLERK
FORM APPROVED
LEGAL DEPT.
{� 'J
Date n'
• ! i •
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) 873-7782
COMMISSION MEMORANDUM NO. '*S3-93
TO: Mayor Seymour Gelber and DATE: October 20, 1993
Members of the City Commission
FROM: Roger M. CantealtL.7.46-
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], (-{
ITEM I VVV
DATE II o-2-0- `3
. ► . 1 ►
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.
4 . f . 1 .
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
PAGE4
•
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 BETWEEN 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) c.
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 ($30,000)
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 1$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 CABIN 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 1$16.000)
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 •
1 .. , . . • 1
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
($172.000)
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 ($35,000)
Location: 710 Alton Road
This project continues to provide primary health care to low-moderate income
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
I
1 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 South Florida Art 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 funding an economic
development activity which will provide studio, showroom and teaching space for low and
moderate income artists; 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
A. The Provider shall be responsible for the ongoing administration of the South Florida
Art Center, in a manner which will ensure the enhancement of the existing arts
district on Lincoln Road.
r v
r '
B. The Provider will make available affordable studio,showroom and/or teaching space
to a minimum of fifty five (55) low and moderate income artists.
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.
2
t , t , ,
4
3. Copies of responses to complaints and/or explanations of resolutions to
complaints.
D. (The Provider shall comply with the following attachments to the Office of
Management and Budget (OMB) Circular No. A-110, "Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education,
Hospitals and Other Non-Profit Organizations", incorporated by reference into this
Agreement.
1. Attachment A,"Cash Depositories",except for paragraph 4 concerning deposit
insurance.
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
3
f
4'
by the sub-recipient for CDBG activities shall be transferred to the recipient
for the CDBG program or shall be retained after compensating the recipient.
7. Attachment 0, 'Procurement Standards".
E. Costs incurred under this program shall be in compliance with Federal Management
Circular No. A-122, "Cost Principles for Non-Profit Organizations", incorporated by
reference into this Agreement.
r
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", 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
4
t . 1 , . 1. e 1
1 1
funds shall be expended for CDBG eligible activities,previously approved by the City
in accordance with the projected accomplishments and budget descriptions attached
to this Agreement.
K. The Provider shall adhere to the applicable requirements contained in the
"Acknowledgement of Economic Development Activities", attached hereto and made
a part hereof as Appendix 2, if applicable.
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
5
1 1 , 1 # 1
1 `
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 terns, only a minor portion of the CDBG expenditure for the public
services.
M. The Provider shall transfer to the City upon expiration of this Agreement, any CDBG
funds on hand at the time of 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:
6
t
J '
"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.
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.
7
1 1 1 . L I
1
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.
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, and written agreements with beneficiaries, where
applicable.
Q. The Provider is responsible for maintaining and storing all records pertinent to this
Agreement in an orderly fashion in a readily accessible, permanent and secured
location for a period of three (3) years after expiration of this Agreement, with the
following exception: if any litigation, claim or audit is started before the expiration
date of the three year period, the records will be maintained until all litigation,
claims or audit findings involving these records are resolved. The City shall be
informed in writing after close-out of this Agreement, of the address where the
records are to be kept.
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
8
I . L . . L . .
. 1
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.
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.
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
9
s
date, and in the case of a partial termination, the actual portion to be terminated.
However, if, in the case of a partial termination, the City determines that the
remaining portion of the Agreement will not accomplish the purposes of such
Agreement, the City may terminate such in its entirety.
C. The City may place the Provider in default of this Agreement, and may suspend or
terminate this Agreement in whole, or in part, for cause.
1. Cause shall include, but not be limited to, the following:
a. Failure to comply and/or perform in accordance with this Agreement,
or any federal statute or regulation.
b. Submitting reports to the City which are late, incorrect or incomplete
in any material respect.
c. Implementation of this Agreement, for any reason, is rendered
impossible or infeasible.
d. Failure to respond in writing to any concerns raised by the City,
including substantiating documents when required/requested by the
City.
e. Any evidence of fraud, mismanagement, and/or waste, as determined
by the City's monitoring of the sub-recipient, and applicable HUD
rules and regulations.
2. The City shall notify the Provider in writing when the Provider has been
placed in default. Such notification shall include actions taken by the City,
such as withholding of payments, actions to be taken by the Provider as a
10
1 . , 1 V t .
1
condition precedent to clearing the deficiency and a reasonable date for
compliance, which shall be no more than fifteen (15) days from notification
date.
3. The City shall notify the Provider in writing when sufficient cause is found for
termination of this Agreement. The Provider shall be given no more than
fifteen (15) days in which to reply in writing, appealing the termination prior
to final action being taken by the City.
D. Let it be further understood that upon curtailment of, or regulatory constraints
placed on, the funds by the U.S. Department of Housing and Urban Development,
this Agreement 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.
11
j f 1 f 1 .
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 One Hundred Seventy Two Thousand dollars
($172,000) 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 semi-monthly requests for payment of City approved
anticipated expenditures, and the City will provide payment, upon approval, within
ten (10) working days after receipt of same, if submitted by the deadline date for
inclusion on the drawdown request.
B. The Provider shall submit monthly requests for payment for actual 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)
12
l I f L I
•
working days after receipt of the same,if submitted by the deadline date for inclusion
on the drawdown request.
C. The City agrees to pay the Provider for expenditures incurred under this Agreement
on a monthly basis in accordance with the Budget attached hereto and made a part
hereof as Appendix 1. Line item transfers are allowable only within each component
and may not exceed in the aggregate ten percent (10%) of each line item, and must
have prior written approval of the City.
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
13
l >
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.
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
14
A
scheduled activities. An effective method for maintaining project progress against a
previously established schedule is through project evaluation and reporting, which will
consist of both written reports and staff discussions on a regular basis including quarterly
meetings with 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".
15
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.
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.
16
SECTION XII: ADDITIONAL CONDITIONS AND COMPENSATION
It is expressly understood and agreed by the parties hereto that monies contemplated by this
Agreement to be used for the compensation, originated from grants of federal Community
Development Block Grant funds, and must be implemented in full compliance with all of
HUD's rules and regulations. 11
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 $172,000. 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 $172,000, 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 $172,000 which amount shall be reduced by the amount of the
17
funding actually paid by the City to Provider pursuant to this agreement, for any action or
claim for breach of contract arising out of the performance or nonperformance of any
obligations imposed upon the City by this Agreement. Nothing contained in this
subparagraph or elsewhere in this Agreement is in any way intended to be a waiver of the
limitation placed upon City's liability as set forth in Florida Statutes, Section 768.28.
XIV: ARBITRATION
Any controversy or claim for money damages arising out of or relating to this Agreement,
or the breach hereof, shall be settled by arbitration in accordance with the Commercial
Arbitration Rules of the American Arbitration Association, and the arbitration award shall
be final and binding upon the parties hereto and subject to no appeal, and shall deal with
the question of the costs of arbitration and all matters related thereto. In that regard, the
parties shall mutually select one arbitrator, but to the extent the parties cannot agree upon
the arbitrator,then the American Arbitration Association shall appoint one. Judgment upon
the award rendered may be entered into any court having jurisdiction, or application may
be made to such court for an order of enforcement. Any controversy or claim other than
a controversy or claim for money damages arising out of or relating to this Agreement, or
the breach hereof, including any controversy or claim relating to the 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
18
,
Provider: Pat Jones, Executive Director
South Florida Art Center
924 Lincoln Road
Miami Beach, FL 33139
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 '1 OF MIAMI BE. CH, FLORIDA
s . r
CITY CLERK MAYOR
WITNESSES:
„ r
SOUTH FLORIDA ART CENTER, INC.
1 1� P _ U l
„s„
AUTHORIZED SIGNATOR
Patricia C. Jones
Executive Director
PRINT OR TYPE NAME AND
TITLE OF AUTHORIZED SIGNATOR
SFAC.ECO
FORM APP''0V'.D
D 'T•
LEG;
r 60
By / I �
Date
19
• a a !
a a
APPENDIX 1
BUDGET SUMMARY
BUDGET ITEMIZATION
BUDGET SUMMARY SHEET .
Project Name: 0 perations & Managements Funding Year 93/94
Date Revised : July 31 , 19 o3o
Project Operator: South _ _or.' da ._rt Center Date Submitted: March 31 ,
CD
: der Eilnt�ing c otal
;> ,;NumQe �,; Sources .
r� t .. :Cate�ocy:°Ereak�awn . t. ,Funds' . _ , � �
State o-F FL, MDCAC, I
1 ;Salaries et Benefits 97 ,015 1 127 , 373 Donations/Grant , Renta_ 224 , 388
I 111 , 250
A
117 770
4 ,2 Consultants & Contract Services - SDtonaetohs= yM-DCCn`',
RenLa- -=_coL+e
{ 3 iSpaceRental ! 0 246 , 881 246 , 881
4 •Bouioment Lease or Purchase
c t a L e 0: _ .. , MD C A C , ,I
5 i crave! 0 20 , 000 20 , 000
State o= FL, MDCAC , : 228 , 080
6 Other Operating Expenses 70 ,485 157 , 595 Donations /Grant Renta-
7 I Materials
8 Rehabilitation
9 Real Property Acquisition f
{
Total. CD Funds 172 , o00 F
z
Total Other Funds
663 , 099 ::
: 835 , 099.
S
Grand Total
BUDGET ITEMIZATION SHE-T
Project Name: Operation & Management Funding Year 93/94
Date Revised : July 31 , 1993
Project Operator: South Florida Art Center Date Submitted March 31 , 1993
I Category Amount
CategoryOther
{
Number. Category Breakdown Funds Funds
1 Executive Director /40 , 000 25 �000
Associate Director 0 25 , 000
-- -- ------ - -- - — 12 , 000 9 , 500
Bookkeeper
Office Manager I 15 , 000 13 , 000
Arts Education Coordinator
0 5 , 000
Administration Assistant 0 17 , 500
Janitorial & Maintenance
18 , 000 0
Program Coordinators i 0 _ 12 , 000
6, 000
Temporary Help-(Antioch Students & Others ) 0
Fica & State Unemployment 8 , 015 10 , 373
E ' 93 , 015 123 , 373
Amount:
...........................
Total
. . ...... .... .......
Page 1 of 8
BUDGET ITEMIZATION SHEET .
Project Name: Operation & Management
Funding Year 93/94
Date Revised : July 31 , 1993
Project Operator:
South Florida Art Center Date Submitted March 31 , 1993
j Category Amount
CD Other
' Category • • ! . Funds `'
Number Category Breakdown Funds
1 Health Insurances & Workmans Comp. 4 ,000 4,000
i
-- -- {
I
j I.
i j
;Total Amount: i 4 , 000 i 4 , 000 -
Page 2 of 8
BUDGET ITEMIZATION SHEET
Project Name: Operation & Management Funding Year 93/94
Date Revised : July 31 1993
Project Operator: South Florida Art Center Date Submitted March 31 , 1993
Category Amount
CD I Other ,
Category . � Funds
Number Category Breakdown Funds
2 Accounting/Audit I 4 , 500 4 , 500 -
000
Accounting/Outside Service 0 5 -
Legal Fees 0 10 ,000
Lecture Fee/Workshop 0 10 ,000
I
�
Artists-Cosign Fees 0 18 ,730. ,
500 0 Model Fees 1--, 500 - - --
Teachers 0 � 20 , 000
Tour Coordinator/Guides 0 500
Other/Art Sales Comm 0 3 , 000
Curators 0 5 , 000
Total Amount: 4 , 500 78 , 250
Page 3 of 8
BUDGET ITEMIZATION SHEET
Project Name: Operation & Management Funding Year 93/94
Date Revised : July 31 , 1993
Project Operator: South Florida Art Center Date Submitted March 31 , 1993
Category Amount
Category CD Other
Number = '' Category Breakdown Funds Funds
Physical Plant Manager 0 2 , 000
Performers Fee 0 I 25 ,000
Art Forums Fee 0 3 , 000
Designer 0 3 , 000
1
Total Amount: 0 33 , 000
Page of 8
•
BUDGET ITEMIZATION SHE-T
Project Name: Operation & Management Funding Year 93/94
Date Revised : July 31 , 1993
Project Operator: South Florida Art Center Date Submitted March 31 , 1993
Category Amount
Category I i CD I Other
Number Category Breakdown Funds Funds
Space Rental 3 62 , 796
Mortgage/Loan-Interest & Principal 0 184 , 085
Total Amount: 0 246 , 881
Page 7 of 8
BUDGET ITEMIZATION SHEET .
Project Name: Operation & Management Funding Year 93/94
Date Revised : July 31 , 1993
Project Operator:
South Florida Art Center Date Submitted March 31 , .1993
Category Amount
Category _ Funds
Co Other
1 Number L Category Breakdown Funds
1 0 20 , 000
5 Travel/Transportation .__
i
I �
To
tal Amount: 3 20 , 000
Page 6 of 8
BUDGET ITEMIZATION SHEET ' . •
.
Project Name: operation & Management Funding Year 93/94
Date Revised: July 31 , 1993
Project Operator: South Florida Art Center Date Submitted March 31 , 1993
Category Amount 1
i Category ` ': CD Other
Number Category Breakdown Funds- Funds
6 Telephone/Fax Services 2 ,400 5 , 100
Utilities & Waste 42 , 585 48 ,415
Membership, Subs . & Prof . Acct . --- ---- 0 - 2 ,000
Stationery & Office Supplies 3 , 000 3 , 000
Postage & Delivery 2 , 500 I 13 , 500
1 Advtg, Publication & Printing ---— 0 20 ,000
Typewriter, Copier, IBM & MAC Services 0 1 , 500
Insurance(Liability) 10 , 000 i 15 ,.000
Insuran_ce(Fine Arts ) 0 3 , 600
' I
Repair & Upkeep 10 , 000 15 ,000
Total Amount: 70 , 485 127 , 115
Page 7 of 8
BUDGET ITEMIZATION SHEET
Project Name: Operation & Management Funding Year 93/94
Date Revised : July 31 , 1993
Project Operator: South Florida Art Center Date Submitted March 31 , 1993
Category Amount
Category = CD Other
Number Category Breakdown Funds Funds
6 Taxes & Licenses 0 25 , 000
Alarm & Security
0 I 480
Misc( Promo/Bank Charges , ETc . . . ) 0 5 , 000
Total Amount: 0 i 30 ,480
Page 3 of 8
ESTIMATED PROGRAM INCOME
Project Name: Operation and Management Funding Year 93/94
Project Operator: South Florida Arts Center Date SubmittedJuiy 31 , 1993
Catagory SourcB(s�
Number Cat egory Breakdown Amount o#Funds
1 Salaries & Benefits $15 , 000 Rental Income , Fees
2 Consultants & Contract Services
3 Space Rental ;246 , 881 Rental Income
4 Equipment Lease or Purchase
5 Travel
6 Other Operating Expenses $8 , 119 R
er tai Tntcam� F�oc
7 Materials
8 Rehabilitation
9 'Real Property Acquisition
TOTAL
$270, 000
Estimated Program Income
Page 1 of 1
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 fobs 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 fobs 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 nat a pre-requisite to fill such jobs,
or else the business nevertheless agrees to hire unqualified persons and train them;
and
Page 1 of 4
•
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 iob retention, the files must
include the following documentation:
(a) Evidence that jobs would be lost without CDBG assistance.
(b) A listing, by job title, of permanent jobs retained, indicating which of
those jobs are part-time and (if known) which are held by
low/moderate income persons at the time the assistance is provided.
(c) Identification of any retained jobs not already held by low/moderate
income person which are projected to become available to
low/moderate income persons through job turnover within two years
of the time CDBG assistance is provided. (Job turnover projections
should also be included in the record.)
(d) Information on the size and annual income of the low/moderate
income persons' immediate family for each retained job claimed to be
held by a 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/CERTIFICATION 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.
c =,
SIGNATURE
Patricia C. Jones
Executive Director
NAME/TITLE OF SIGNATOR
South Florida Art Center, Inc.
NAME OF ORGANIZATION
October 25 , 1993
DATE
Page 4 of 4
•
APPENDIX 3
NARRATIVE REPORT
FINANCIAL STATUS REPORT
CLIENT PROFILE REPORT
City ofMrami Reach / Community Development Block Grant Program
CD13G Year 19 Client Profile Report FY 1993 -
Project Category: Reporting Month/Year:
Project Provider: Signature & Title:
Activities, Programs or Services Funded: 1Date Submitted: i
................
Ethnicity
E ACtillitir.,r, Progrxaua o S�nC ical ,1� Households/ Famale Inge.Range a White Not Black Not American Indian Asian or
during Roportin,g Poriod . . ......... . Persons HOH Hispanic Hispanic Hispanic or Alaskan Pacific
E Assisted 50% of M 80% of M Origin Origin Native Islander
! 2 3 4 5
7
Col. 1 Describe activities,programs, or typo 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.
CDBG. Year 19 ::::::::::::< >:::<:::::::::::::: lock Grant Program
•
:::::::::::.:::.::.:::.::.::::.:: :.::.::.: rr�munl L�vela rnett� �
FY 1 '.3 it ancia, Status
Project Category: Reporting Month/Year:
Project Provider: Signature& Title:
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/Title: Budget Budget Expenditures (I) Expenditures (I) 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
• . • • c x •
•
•
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 REQUIREMENTS:
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
REQUIRED 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.
Signature
Patricia C. Jones
Executive Director
Name/Title of Signator
South Florida Art Center, Inc.
Name of Organization
October 25 , 1993
Date
Page 2 of 2
CERTIFICATION OF
RELIGIOUS ORGANIZATION REQUIREMENTS
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.
• \ ,
Signature
Patricia C. Jones
Executive Director
Name/Title of Signator
South Florida Art Center, Inc.
Name of Organization
October 25 , 1993
Date
Page 1 of 1
CERTIFICATION REGARDING LOBBYING
Name of Recipient: CITY OF MIAMI BEACH
Name of Sub-recipient: South Florida Art Center, INc.
Grant Program Name: COMMUNITY DEVELOPMENT BLOCK GRANT
Grant Number. B-93-MC-12-0014
October 25 , 1993
Date:
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress,
• or any employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid
to.any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or any
employee of a Member of Congress in*connection with this Federal contract, grant,
loan,or cooperative agreement, the undersigned shall complete and submit Standard
Form-LIB., "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.
CD-
Signature
Patricia C. Jones
7Executive Director
Name/Title of Signator
South Florida Art Center, INc.
Name of Organization
October 25, 1993
d
Date
Page 1 of 1
CERTIFICATION OF
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REOUIREMENTS
Name of Recipient: CITY OF MIAMI BEACH
Name of Sub-recipient: South Florida Art Center, Inc.
Grant Program Name: COMMUNITY DEVELOPMENT BLOCK GRANT
Grant Number: B-93-MC-12-0014
October 25 , 1993
Date:
The Provider shall insert in the space provided below the site(s) expected to be used for the
performance of work under the grant covered by the certification:
Place of Performance.(include street address, city, county, state, zip code for each site):
800 , 810, 835 , 837, 841 , 918, 920 , 922 , 924, 926,
928 . 1 035 . 1097 . 1 (139 , 1 041 . 1 045 .Lincoln
Road & 11655 , 1.659, 1661 , 1663 Lenox Avenue
Signature
Patricia C. Jones '
Executive Director
Name/Title of Signator .
South Florida Art Center, Inc.
Name of Organization
October 25, 1993
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: 5/25/931
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
,
7 ' )
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
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
'I •
CITY OF MIAMI BEACH
PERCENTAGE OF LOW/MODERATE INCOME PERSONS
BY CENSUS TRACT AND BLOCK GROUP
CENSUS BLOCK % LOW/MOD CENSUS BLOCK % LOW/MOD
TRACT GROUP PERSONS TRACT GROUP PERSONS
39.01 1 58.20 43 1 - 73.77
39.01 2 74.16 43 2 73.43
39.01 3 86.97 43 3 81.18
39.01 4 67.10 43 4 85.54
39.01 5 70.61 43 5 61.06
39.01 6 70.58 43 6 69.78
39.01 7 22.96 43 7 60.96
39.02 1 78.48 44 1 78.72
39.02 2 73.80 44 2 87.88
39.02 3 100.00 44 3 89.67
39.02 4 74.58 44 4 82.29
39.02 5 44.54 44 5 94.40 -
39.02 9 39.86 44 6 89.98
39.05 1 40.73 44 7 75.38
39.05 2 71.97 44 8 63.04
39.05 3 31.15 45 1 78.33
• 39.05 4 78.18 45 2 73.73
39.06 6 0.00 45 9 0.00
39.06 7 14.43 45.99 0.00
39.06 8 11.75 45.99 9 0.00
40 1 45.63
40 2 31.25
40 3 22.55
40 4 10.54
40 5 69.20
40 6 22.80
40 7 15.01
40 8 32.08
41.01 1 81.11
41.01 2 53.40
41.01 3 53.61
41.01 4 41.80
41.01 5 7.34
41.02 1 28.51
41.02 2 20.51
42 1 85.58
42 2 74.53
' 42 3 83.37
42 4 0.00
42 5 75.90
42 6 79.68
42 7 56.65
Source: 1990 Census Special Tab Tape, State of Florida (6/21/93)
Page 1 of 1
f
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
• e { • . •
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
I r ►
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
1 • # * . p
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.
Page3of4
• I • • • F
i
1 . .;°*
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