95-21773 Reso RESOLUTION NO. 95-21773
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND
BETTER WAY OF MIAMI, INC., WITH A FUNDING AMOUNT OF SEVENTY-
FOUR THOUSAND DOLLARS($74,000),FOR PROVISION OF TRANSITIONAL
HOUSING AND SUPPORTIVE SERVICES FOR THE HOMELESS AT THE
BETTER WAY FACILITY.
WHEREAS,the City has duly submitted the Consolidated Plan which includes the FY 95/96 budgets
for the Community Development Block Grant (CDBG), Emergency Shelter Grant Program (ESGP), and HOME
Investment Partnership Program to the U.S. Department of Housing and Urban Development which identified
$100,000 in available ESGP funds for FY 95/96 program activities; and
WHEREAS, the Mayor and City Commission deem it to be in the best interests of the residents and
citizens of the City to enter into an Agreement with Better Way of Miami, Inc., hereinafter referred to as the"Provider",
for provision of transitional housing and supportive services for the homeless at the Better Way facility; and
WHEREAS, pursuant to such Agreement, the Provider will receive a total amount of Seventy Four
Thousand dollars ($74,000) from FY 95/96 ESGP funds, to be used for the above stated purpose; and
WHEREAS, the ESGP funds are conditional upon the approval for release of funds from the U.S.
Department of Housing and Urban Development; and
WHEREAS, the City Manager has recommended to the Mayor and City Commission that said
Agreement be entered into; and
WHEREAS, the Mayor and City Commission, pursuant to Resolution No. 95-21670 adopted July
26, 1995, approved the Three Year Consolidated Plan which includes the One Year Action Plan outlining the specific
projects and budgets, including $74,000 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 to execute an Agreement
between the City of Miami Beach and Better Way of Miami, Inc., with a funding amount of Seventy-Four Thousand
dollars ($74,000), for provision of transitional housing and supportive services for the homeless at the Better Way
facility.
PASSED AND ADOPTED THIS 11th DAY OF October , 19
STP/CMC/cc
MAYOR
ATTEST:
CITY CLERK LEGAL DEPT.
F ,, i
/O/S/'5
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. ( S(,)` I5
TO: Mayor Seymour Gelber and
Members of the City Commission DATE: October 11, 1995
FROM: Jose Garcia-Pedrosa
City Manager
SUBJECT: ADOPTION OF TY THREE (23) RESOLUTIONS AND APPROVAL OF FORM
AGREEMENTS CESSARY TO IMPLEMENT THE FY 95/96 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, AND THE EMERGENCY
SHELTER GRANT PROGRAM (ESGP).
ADMINISTRATION RECOMMENDATION:
To adopt the following twenty-three (23) Resolutions and approve 'Form Agreements' necessary to
implement the FY 95/96 CDBG and ESGP activities which were approved on July 26, 1995, via Resolution
#95-21670.
CDBG Resolutions:
1. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE 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 THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND AYUDA, INC., WITH A FUNDING AMOUNT OF
TEN THOUSAND DOLLARS ($10,000),FOR THE EXPANSION OF THE PLAYGROUND AT AN
EXISTING PRE-SCHOOL CHILD CARE FACILITY IN MIAMI BEACH,AND TO COMPLETE THE
YEAR 20 EXPANSION OF THE AYUDA CHILD CARE FACILITY BY DECEMBER 31, 1995.
3. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND BOYS AND GIRLS CLUBS OF MIAMI,INC.,WITH
A FUNDING AMOUNT OF SIXTY-FIVE THOUSAND DOLLARS($65,000),FOR PROVISION OF
THE BOYS & GIRLS CLUB JUVENILE PROGRAM IN MIAMI BEACH.
AGENDA ITEM Q-1- C..-
DATE (o-1I-95
Commission Memo
October 11, 1995
Page 2
4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND COMMUNITY COUNCIL FOR JEWISH
ELDERLY, INC., WITH A FUNDING AMOUNT OF FIFTY-ONE THOUSAND TWO HUNDRED
DOLLARS ($51,200), FOR PROVISION OF SOCIAL SERVICES TO ELDERLY MIAMI BEACH
RESIDENTS.
5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE 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 UVING WITH
AIDS.
6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND DADE COUNTY PUBUC SCHOOLS, WITH A
FUNDING AMOUNT OF NINETEEN THOUSAND FIVE HUNDRED DOLLARS ($19,500), FOR
PROVISION OF FEE/TUITION WAIVERS FOR CHILD CARE AND EDUCATIONAL/VOCATIONAL
PROGRAMS FOR LOW/MODERATE INCOME MIAMI BEACH RESIDENTS.
7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND 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.
8. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND MIAMI BEACH JEWISH COMMUNITY CENTER,
INC.,WITH A FUNDING AMOUNT OF FOUR THOUSAND NINE HUNDRED NINETY DOLLARS
($4,990), FOR PROVISION OF A TRANSPORTATION SERVICE PROGRAM FOR ELDERLY
LOW/MODERATE INCOME MIAMI BEACH RESIDENTS.
9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE 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 THE
JVS NUTRITIONAL PROGRAM FOR HOMEBOUND LOW/MODERATE INCOME MIAMI BEACH
RESIDENTS.
Commission Memo
October 11, 1995
Page 3
10. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND LITTLE HAVANA ACTIVITIES AND NUTRITION
CENTERS OF DADE COUNTY, INC., WITH A FUNDING AMOUNT OF FIFTY THOUSAND
DOLLARS ($50,000), FOR PROVISION OF TWO HOT MEALS PROGRAMS FOR ELDERLY
MIAMI BEACH RESIDENTS.
11. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE 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.
12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND LOG CABIN ENTERPRISES, INC., WITH A
FUNDING AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000), FOR OPERATING A PLANT
NURSERY IN ORDER TO PROVIDE VOCATIONAL TRAINING, JOB DEVELOPMENT AND
PLACEMENT FOR DEVELOPMENTALLY DISABLED ADULTS.
13. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND MIAMI BEACH DEVELOPMENT CORPORATION,
(MBDC), WITH A FUNDING AMOUNT OF FOUR HUNDRED SIXTY THOUSAND DOLLARS
($460,000) FOR PROVISION OF THE FOLLOWING PROGRAMS: COMMERCIAL PROPERTY
REVITALIZATION AND FACADE RENOVATION($170,000 PLUS UN-EXPENDED PRIOR YEAR
CAPITAL FUNDS),SCATTERED SITE-AFFORDABLE HOUSING($225,000),REHABILITATION
OF MULTI-FAMILY RENTAL HOUSING ($25,000), AND RAIN EMERGENCY
FOOD/MEDICAL/HOUSING ASSISTANCE ($40,000).
14. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND MIAMI BEACH METHODIST CHILD CARE
CENTER, INC., WITH A FUNDING AMOUNT OF SIXTEEN THOUSAND NINE HUNDRED SIX
DOLLARS ($16,906), FOR THE ST. JOHN'S CHILD CARE CENTER PROGRAM FOR
PROVISION OF CHILD CARE/FEE WAIVERS AND THE PURCHASE OF LEARNING MATERIALS
FOR MIAMI BEACH RESIDENTS.
Commission Memo
October 11, 1995
Page 4
15. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE 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.
16. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND NORTH BEACH DEVELOPMENT CORPORATION
OF MIAMI BEACH, INC., WITH A FUNDING AMOUNT OF THREE HUNDRED TWENTY-FIVE
THOUSAND DOLLARS ($325,000) FOR PROVISION OF THE FOLLOWING PROGRAMS: A
COMMERCIAL FACADE RENOVATION PROGRAM IN THE NORTH BEACH AREA ($275,000
PLUS UNEXPENDED PRIOR YEAR CAPITAL FUNDS),AND THE NORMANDY ISLE EXTERIOR
COMMERCIAL PROPERTY ENHANCEMENT PROGRAM ($50,000).
17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND POLICE ATHLETIC LEAGUE (PAL) WITH A
FUNDING AMOUNT OF ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($175,000),
FOR THE EXPANSION OF THE EXISTING PAL FACILITY LOCATED AT FLAMINGO PARK.
18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND SOUTH FLORIDA ART CENTER, INC., WITH A
FUNDING AMOUNT OF ONE HUNDRED FIFTY-SEVEN THOUSAND DOLLARS ($157,000),
FOR PROVISION OF AN ECONOMIC DEVELOPMENT ACTIVITY THAT WILL PROVIDE
AFFORDABLE STUDIO,SHOWROOM AND/OR TEACHING SPACE TO LOW AND MODERATE
INCOME ARTISTS, AND TO COMPLETE THE YEAR 19 RENOVATION ACTIVITY BY
DECEMBER 31, 1995.
19. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND SOUTH SHORE HOSPITAL AND MEDICAL
CENTER, WITH A FUNDING AMOUNT OF TEN THOUSAND DOLLARS ($10,000), FOR
PROVISION OF A FREE AND ANONYMOUS HIV SCREENING AND COUNSELING PROGRAM
FOR LOW/MODERATE INCOME MIAMI BEACH RESIDENTS.
20. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND STANLEY C. MYERS COMMUNITY HEALTH
CENTER, INC., A NONPROFIT 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.
Commission Memo
October 11, 1995
Page 5
21. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND UNIDAD, INC., WITH A FUNDING AMOUNT OF
TWO HUNDRED THOUSAND DOLLARS ($200,000), FOR THE ACQUISITION AND/OR
REHABILITATION OF A FACILITY TO BE USED AS THE "HISPANIC COMMUNITY CENTER"
TO SERVE PRIMARILY LOW/MODERATE INCOME MIAMI BEACH RESIDENTS.
ESGP Resolutions:
22. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND BETTER WAY OF MIAMI, INC., WITH A
FUNDING AMOUNT OF SEVENTY-FOUR THOUSAND DOLLARS ($74,000), FOR PROVISION
OF TRANSITIONAL HOUSING AND SUPPORTIVE SERVICES FOR THE HOMELESS AT THE
BETTER WAY FACILITY.
23. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND DOUGLAS GARDENS COMMUNITY MENTAL
HEALTH CENTER, INC.,WITH A FUNDING AMOUNT OF TWENTY-THREE THOUSAND FIVE
HUNDRED DOLLARS ($23,500), FOR PROVISION OF SCATTERED SITE TRANSITIONAL
HOUSING AND SUPPORTIVE SERVICES FOR THE HOMELESS.
BACKGROUND:
On July 26, 1995, the City Commission by Resolution 95-21670 approved the Consolidated Plan which
contained the FY 95/96 budget allocations for the Year Twenty-One (21) Community Development Block
Grant Program and the Emergency Shelter Grant Program projects/activities for the program year which
commences on October 1, 1995, and continues through September 30, 1996.
In order to implement the various projects and programs which were approved by both the Community
Development Advisory Committee(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 and
ESGP activities approved by the City Commission on July 26, 1995. The HOME Program funds will be
distributed through a competitive Notice of Funding Availability (NOFA) process, and to the City's CHDO
under separate actions.
The Commercial Revitalization Agreements for the North Beach Development Corporation (NBDC), and the
Miami Beach Development Corporation(MBDC)will carry forward the unexpended balance of the hard costs
committed as of year end, to the Year 21 Agreement.
Commission Memo
October 11, 1995
Page 6
ANALYSIS:
The City has received the FY 95/96 "Grant Agreement/Funding Approval Form' from the U.S. Department
of HUD for the period covering October 1, 1995 through September 30, 1996. After this document is
executed, HUD increases the City's "Letter of Credit" by the respective grant amounts. The City then
presents sub-recipient agreements to the City Commission for approval.
CONCLUSION:
At this time twenty-one (21) CDBG, and two (2) ESGP contractual agreements are recommended for
approval. Funds are available in Fund 132 for the Year 21 (FY 95/96) CDBG Program, and Fund 137 for
the FY 95/96 ESG Program. It is essential that these Resolutions and 'Form Agreements' be approved at
this Commission Meeting in order to maintain the existing level of service and implement the new activities.
A synopsis of the CDBG and ESGP contractual agreements is attached,which provides more specific detail
on each of the project/activities that were approved by the City Commission on July 26, 1995.
Copies of the CDBG and ESGP Form Agreements are also attached.
JGP/STP/CMC/cc
Attachment
CDBG FUNDED ACTIVITIES
1. ASPIRA of Florida, Inc.
ASPIRA Youth Leadership Development/Outreach Program - S25,000
To provide an estimated 600 units of 'one-on-one" counseling and 100 club meetings/group
activities to approximately 90 "educationally at risk' youth for drop-out prevention, youth gang
intervention,and leadership development,at Miami Beach High School, Nautilus Middle School,and
the South Beach Club at the South Shore Community Center.
2. Ayuda, Inc.
Ayuda Child Care/Playground Equipment - $10,000 (plus completion of the Year 20
Expansion of the Ayuda Child Care Facility by December 31, 1995)
Continued expansion of a child care facility located at 7118 Byron Avenue,this year with playground
equipment, which expands the number of slots for subsidized child care.
3. Boys & Girls Clubs of Miami, Inc.
Boys & Girls Club Juvenile Program - $65,000
To provide a "no charge' after-school program and an eight-week summer camp program to
approximately 250 youth ranging in ages from 5 to 15,at South Pointe Elementary, Fienberg/Fisher
Elementary School, and Flamingo Park
4. Community Council for Jewish Elderly
Miami Beach Senior Center/Working Together -$51,200
To provide homemaking/shopping services to 125 unduplicated frail elderly Miami Beach residents,
adult day care to 21 unduplicated frail elderly clients, and provide assistance in housing relocation
to 40 low income senior adults at the center located at 610 Espanola Way.
5. Cure AIDS Now, Inc.
Cure AIDS Now - Meals on Wheels Program - $50,000
To provide 40,000 meals to 70 low/moderate income homebound disabled AIDS patients in Miami
Beach of which 20,000 meals will be CDBG funded, all to be delivered to the client's home on a
weekly basis.
6. Dade County Public Schools
Dade County Schools Child Care and Fee Waivers - $19,500
To benefit 700 low/moderate income persons by providing fee/tuition waivers for child care and
educational/vocational programs at Fienberg/Fisher Adult Center.
CDBG FUNDED ACTIVITIES (Continued)
7. Jewish Community Center
Aleph Child Development Center/Fee Waivers - $20,000
To enable low/moderate income families to receive quality,affordable child care,via 14 scholarships
or fee waivers on an annual basis at the center located at 4221 Pine Tree Drive.
8. 42nd Street Seniors Transportation Program - $4,990
Transportation services to elderly residents, to and from the JCC facilities at 4221 Pine Tree Drive
and/or 6500 Indian Creek Drive.
9. Jewish Vocational Services
Nutritional Project - $15,000
To fund two drivers to deliver 16,848 meals out of a total 174,412 meals delivered, to homebound
elderly participants residing in eligible CD target areas.
10. Little Havana Activity and Nutrition Centers of Dade County, Inc.
LHAC Miami Beach Elderly Meals Program - $50,000
To provide 54,180 hot meals annually to 750 Miami Beach elderly clients, at two congregate meal
sites: 533 Collins Avenue and 8638 Harding Avenue, of which 15,120 meals will be CDBG funded.
11. Little Havana Activity and Nutrition Centers of Dade County, Inc.
LHAC Miami Beach Rainbow Day Care - $50,000
To provide affordable pre-school child day care for 60 children, of which a minimum of 70%will be
low/moderate income Miami Beach children. Utilizing an intergenerational approach,the program
employs and trains 18 seniors (residents of Miami Beach) as Senior Child Care Workers. Twenty-
five low/moderate income Miami Beach children will receive waivers/scholarships through CDBG
funds at the center located at 833 6th Street.
12. Log Cabin Enterprises, Inc.
Log Cabin Plant Nursery - $50,000
To provide funding for a nursery business program at a facility for the mentally handicapped located
at 8128 Collins Avenue, which creates and/or retains approximately 40-45 low/moderate income
jobs. Program Income @ $120,000 to be generated and retained by Log Cabin Enterprises, Inc.,
for retail nursery operations and employee wages.
2
CDBG FUNDED ACTIVITIES (Continued)
13. Miami Beach Development Corporation - $460,000 (Plus unexpended prior year project
funds from the Commercial Property Revitalization/Facade Renovation Program), as
follows:
Commercial Property Revitalization and Facade Renovation Program - $170,000 (plus
unexpended prior year hard cost project funds)
Grants for facade improvements and the correction of interior code violations in a neighborhood
commercial business area which serves a primarily residential area with a majority of low/moderate
income residents. CDBG funding will assist in the rehabilitation of 15 storefronts/buildings.
RAIN Emergency Food/Medical/Housing -$40,000
In partnership with the RAIN Mothers of Fienberg/Fisher, to assist 400 low/moderate income
families through the provision of approximately 800 mini-grants for food, medical, and housing
assistance. Part-time employment will continue to be provided for 3 low/moderate income
elementary school parents.
Rehabilitation of Multi-Family Rental Housing -$25,000
To complete the rehabilitation of 24 units of existing affordable rental housing for persons living with
AIDS, and rehabilitate 17 units of existing Family Rental Housing for families.
Scattered Sites-Affordable Housing Acquisition - $175,000
Disposition -$ 50,000
To provide homeownership opportunities city-wide to eligible first-time low/moderate income
households in Miami Beach. MBDC will acquire and sell 34 housing units to qualified low and
moderate income individuals/families. Program Income @ $200,000 to be generated and retained
by MBDC for the continued acquisition/disposition of housing units.
14. Miami Beach Methodist Child Care Center, Inc.
St. John's Child Care Center - $16,906
To provide affordable child day care via scholarships/fee waivers to nine (9) children (9 slots
annually) of low/moderate income families, as well as funding to purchase learning materials.
15. Mount Sinai Medical Center of Greater Miami, Inc.
Project Sinai/Community Outreach - $15,000
To provide outpatient social, emotional and physical care to 750 low/moderate income residents
who `fall through the cracks" once discharged from the hospital, or who are ambulatory patients,
including clients from the Project Sinai Clinic.
3
CDBG FUNDED ACTIVmES (Continued)
16. North Beach Development Corporation of Miami Beach, Inc. -$325,000 (Plus unexpended
prior year capital funds from the North Beach Commercial Facade Renovation Program),
as follows:
North Beach Commercial Facade Renovation -$275,000 (Plus unexpended prior year hard
cost project funds)
To provide direct grants to 4 to 5 commercial property owners and businesses for eligible facade
improvements, exterior renovations, and the correction of interior code violations in the northern
low/moderate Income CD Target Areas.
Normandy Isle Exterior Commercial Property Enhancement - $50,000
Matching grant program for the rehabilitation of a minimum of 300 linear storefront feet or
approximately 6 separate businesses, through commercial facade enhancement.
17. Police Athletic League
PAL/Juvenile Resource Center - $175,000
To expand the present PAL facility located at Flamingo Park by 3,R22 sq. ft. and replace existing
prefabricated structure,to comply with ADA requirements and provide an expanded level of service.
18. South Florida Art Center
Operations and Management - $157,000 (plus completion of the Year 19 Renovation
Activity by December 31, 1995)
To provide affordable subsidized studio,teaching,and showroom space to approximately 90 artists,
of which at least 70% are low/moderate income artists on Lincoln Road. Program Income @
$270,000 to be generated and retained by SFAC for continued operation.
19. South Shore Hospital and Medical Center
Community AIDS Program/HIV Testing Program - $10,000
To provide free and anonymous HIV screening and pre- and post-test counseling to at least 300
low/moderate income persons at South Shore Hospital.
20. Stanley C. Myers Community Health Center, Inc.
Stanley C. Myers Community Health Center -$35,000
To provide primary health care to low-income people through health maintenance, treatment of
illness and providing referrals when necessary; CDBG funds will provide 2,700 prescription drugs
for 2,000 low/moderate income patients using the facility located at 710 Alton Road.
4
21. Unidad, Inc.
Hispanic Community Center - $200,000
To acquire and/or rehabilitate a facility in the North Beach area to be used as the "Hispanic
Community Center' to service primarily low/moderate income Miami Beach residents through
various social/public service and employment activities.
ESGP FUNDED ACTIVITIES
22. Better Way of Miami, Inc.
Emergency Shelter and Intervention Services for Miami Beach - $74,000
To provide transitional housing (shelter beds), education, medical care, vocational training,
nutritional services, transportation, clothing assistance, self-managed domestic and personal
services at the Better Way facility for 40 adult homeless men with alcohol/substance addiction.
23. Douglas Gardens Mental Health Center
Homeless Assistance - Scattered Site/Emergency Shelter Beds - $23,500
To provide scattered site transitional housing to 36 clients per year with 3 shelter beds, including
transportation and case management services.
5
AGREEMENT
This Agreement is entered into this 1st day of October 1995, 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 Better Way of Miami, 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 (HUD) for the purpose of implementing the Emergency Shelter Grant Program with Federal
financial assistance under Title IV of the Stewart B. McKinney Homeless Assistance Amendments Act of
1988, PL 100-628 (8/10/88), as amended; and
WHEREAS, the City has determined through its Consolidated Plan which includes the FY 95/96
budgets for the Community Development Block Grant (CDBG), Emergency Shelter Grant Program (ESGP),
and HOME Investment Partnership Program, the necessity for providing transitional housing and supportive
services to adult homeless men with alcohol/substance addiction; and
WHEREAS, the Consolidated Plan was adopted by City of Miami Beach Resolution 95-21670 on
July 26, 1995; 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 agrees to provide transitional housing (shelter beds), education, medical care,
vocational training, nutritional services, transportation, clothing assistance, self-managed domestic
and personal services at the Better Way facility for forty (40) adult homeless men with
alcohol/substance addiction.
SECTION II: CONDITION OF SERVICE
The Provider herein agrees to the following:
A. The Program shall serve homeless individuals within the city limits of Miami Beach, as outlined in
Section I of this Agreement.
B. The Provider shall maintain in its files the documentation on which basis it determines that the
project benefits low and moderate income persons, minorities and clients referred from Miami
Beach. Such records shall include, but not be limited to, the following:
1. Client Profiles identifying financial classification, head of household, ethnicity, race, gender,
and age, as required. Income verification for the homeless persons served under this
Agreement shall be based on Federal guidelines established by the U.S. Department of
HUD.
2
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 limited to
the following:
1. Logging citizen comments or complaints when received.
2. Maintaining copies of comments and/or complaints received in writing.
3. Maintaining 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 in their
entirety by reference to this Agreement:
1. Attachment A, "Cash Depositories", except for Paragraph 4 concerning deposit insurance.
2. Attachment E, "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 ESGP
activities starts from the date of submission of the annual performance report and evaluation
3
report as prescribed in 507.507, in which the specific activity is reported on for the final
time.
4. Attachment F, "Standards for Financial Management Systems".
5. Attachment H, "Monitoring and Reporting Program Performance", Paragraph 2.
6. Attachment N, "Monitoring Management Standards", except for Paragraph 3 concerning the
standards for real property and except that Paragraphs 6 and 7 are modified so that in all
cases in which personal property is sold, the proceeds shall be"program income" and that
personal property not needed by the sub-recipient for ESGP activities shall be transferred
to the recipient for the ESGP 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.
F. The Provider shall abide by those provisions of 24 CFR Part 576 of the ESGP Regulations,
incorporated by reference into this Agreement.
G. No expenditures or obligations shall be incurred by either party 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.
4
H. The Provider shall certify, pursuant to Section 109 of the Housing and Community Development Act
of 1974, as amended, 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 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 agrees to provide the required matching funds as detailed in Appendix Ill of this
Agreement, and in accordance with 24 CFR 576.71.
K. The Provider shall comply with the provisions of 24 CFR 570.504 (c), "Program Income", gross
income directly generated from the use of ESGP funds. In those instances where the City allows
the sub-recipient to retain program income, these funds shall be expended for ESGP eligible
activities, previously approved by the City in accordance with the ESGP Budget attached to or
reference in this Agreement in accordance with the projected accomplishments and budget
descriptions attached to this Agreement.
L. The Provider shall comply with the provisions at 24 CFR 576.79 entitled "Other Federal
Requirements" of the ESGP Program Regulations.
M. The Provider shall comply with First Amendment Church/State principles, as follows:
5
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 or 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 shelter and related eligible activities.
4. The portion of a facility used to provide public services assisted in whole or in part under
this Agreement shall contain no sectarian or religious symbols or decorations.
5. The funds received under this Agreement shall not be used to construct, rehabilitate, or
restore any facility which is owned by the Provider and in which the public services are to
be provided. However, minor repairs may be made if such repairs are directly related to
the public services; are located in a structure used exclusively for non-religious purposes;
and constitute, in dollar terms, only a minor portion of the ESGP expenditure for the public
services.
N. The Provider shall transfer to the City, upon expiration of this Agreement, any ESGP funds on hand
at the time of expiration and any accounts receivable attributable to the use of ESGP funds.
6
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.
The project shall become operational as of October 1, 1995, subject to the approval of this
Agreement with the Mayor and City Commission and shall be completed by September 30, 1996. 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 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.
7
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 condition precedent to clearing the deficiency and
a reasonable date for compliance, which shall be no more than fifteen (15) days from
notification date.
8
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.
9
SECTION V: AMENDMENTS
Any alterations, variation, 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 or increase the total amount payable under this Agreement, shall be valid
when reduced to writing and signed by the City Administration and the Provider.
The City shall not reimburse the Provider for outlay in excess of the funded amount of the
Agreement unless and until the City officially, in writing, approves such expenditures 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
expenditures incurred shall not exceed Seventy-Four Thousand dollars ($74,000) from FY 95/96 ESGP
funds. Such funds must be expended during the term of the Agreement, and any remaining balance of
funds shall revert tot he 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 requests for payment for actual expenditures incurred, including applicable
back-up documentation, no later than the twentieth (20th) day of the succeeding month, and the
City will provide payment, upon approval, within ten (10) working days after receipt of the same, if
submitted by the deadline date for inclusion on the drawdown report.
B. The City agrees to pay 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
10
transfers are allowable only within each component and may be exceed int eh 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 Emergency Shelter Grant Program 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 576.79 (d) "Conflict of Interest", and the State Statutes governing
conflicts of interest. The Provider shall disclose 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, licensees or invitees or of any other person entering upon the Provider's place of business.
The Provider, through an 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.
11
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 City's Insurance Manager
with 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 project effort rests heavily on the progress in accomplishing scheduled
activities. An effective method for maintaining project progress against a previously established schedule
is through project evaluation and reporting, which will consist of both written reports and staff discussions
on a regular basis including quarterly meetings with all parties of interest attending for the purpose of
12
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. Narrative Report.
2. Financial Status Report, which shall include the request for payment and documentation,
as applicable.
3. Client Profit Report.
3. Financial Summary Form
B. Annual Performance Reports, which must include cumulative documentation on the obligation
and expenditure of funds and clients service records as specified in Section IX, 1, for the preceding
quarters previously reported. This report will be due within twenty (20) days of contract completion
in the manner prescribed and with the City and mutually agreed upon by both parties.
C. Other Reporting Requirements, may be required by the City in the event of Program changes
and/or legislation amendments. The Provider shall be informed, in writing, if any changes become
necessary.
13
Reports and/or requested documentation not received by the due date, shall be considered
delinquent, and shall be considered by the City,as its sole discretion, as sufficient cause to suspend
ESGP payments to the Provider.
SECTION X: AUDIT AND INSPECTION
At any time during normal business hours and as often as the 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 of 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 the Emergency Shelter Grant Program
Regulations at 24 CFR 576.70 (i) and 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 AND 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.
14
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 Emergency Shelter Grant
Program Funds, and must be implemented in full compliance with all of HUD's rules and regulations.
It is expressly understood and agreed that in the event of curtailment or non-production of said
federal grant funds, that the financial sources necessary to continue to pay the Provider compensation will
not be available and that this Agreement will thereby terminate effective as of the time that it is determined
that said funds are no longer available.
In the event of such determination,the Provider agrees that it will not look to, nor seek to hold liable,
the City or any individual member of the City Commission thereof personally for the performance of this
Agreement and all of the parties hereto shall be released from further liability each to the other under the
terms of this Agreement.
XIII: LIMITATION OF LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on City's
liability for any cause of action for money damages due to an alleged breach by the City of this Agreement,
so that its liability for any such breach never exceeds the sum of$74,000. 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$74,000, less the amount of all funds actually paid
by the City to Provider pursuant to this agreement.
15
Accordingly, Provider hereby agrees that the City shall not be liable to Provider for damages in an
amount in excess of$74,000 which amount shall be reduced by the amount of the funding actually paid by
the City to Provider pursuant to this Agreement, for any action or claim for breach of contract arising out
of the performance or nonperformance of any obligations imposed upon the City by this Agreement.
Nothing contained in this subparagraph or elsewhere in this Agreement is in any way intended to be a
waiver of the limitation place upon City's liability as set forth in Florida Statutes, Section 768.28.
IV: 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: ADA COMPLIANCE
The Provider agrees to adhere to and be governed by all applicable requirements of the laws listed
below including, but not limited to, those provisions pertaining to employment, provision of programs and
services, transportation, communications, access to facilities, renovations, and new construction.
16
The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-336, 104 Stat 327, 42 U.S.C. 12101-
12213 and 547 U.S.C. Sections 225 and 611 including Title I, Employment; Tittle II, Public Services; Title III,
Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title
V, Miscellaneous Provisions.
The Rehabilitation Act of 1973: 29 U.S.C. Section 794.
The Federal Transit Act, as amended: 49 U.S.C. Section 1612.
The Fair Housing Act as amended: 42 U.S.C. Section 3601-3631.
The Provider must complete and submit the City's Disability Non-Discrimination Affidavit (Affidavit).
In the event the Provider fails to execute the City's Affidavit, or is found to be in non-compliance with the
provisions of the Affidavit, the City may impose such sanctions as it may determine to be appropriate,
including but not limited to, withholding of payments to the Provider under the Agreement until compliance
and/or cancellation, termination or suspension of the Agreement in whole or in part. In the event, the City
cancels or terminates the Agreement pursuant to this Section, the Provider shall not be relived of liability
to the City for damages sustained by the City by virtue of the Provider's breach of the Agreement.
SECTION XVI: 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:
17
City: Shirley Taylor-Prakelt, Director
Housing & Community Development
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Provider: Beth Lang, Executive Director
Better Way of Miami, Inc.
800 NW. 28th Street
Miami, FL 33127
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.
ATTEST: THE CITY OF MIAM :EACH, FLORIDA
CLERK MAYOR
ORM APPROVED
.efidid
LEGAL DEPT.
By `�a'7
WITNESSES:
Date /d/(3/e
BETTER WAY OF MIAMI, INC.
G6
AUTHORIZED GNATOR
I-
,_. RINT OR TYPE NAME AND
TITLE OF AUTHORIZED SIGNATOR
BETTER WAY
18
APPENDIX 1
BUDGET SUMMARY
BUDGET ITEMIZATION
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APPENDIX 2
MATCHING FUNDS
-
BETTER WAY QF MIAMI,INC._ .. -
- 800 N.W.WITH STREET --
-- MIAMI,Rini . ..
-
SCHEDULE Of P Mkt MATCHr----- E$OP-1-C OF MtAMI H .
PERIOD 95►96
-- - BUDGETD
NAMES —v _ POSITION %-AGE SALARY AMOUNT
OF TIME
.. 1� 43904 17.561.60
- EXECUTIVE DI�tECTOR 40%
LBEYH LAND
MADISON JIM CARTER CUNICAL DIRE,CTOR
A �a�. s6000 14,4000
DANNY TRICOCHE RESIDENTIAL DIRECTOR _ 30%_ _ 21620 6,486.00
ALEX JENNINGS COUNSELOR 65% 21500 13,990.00
GERALD GOLDFAI`t COUNSELOR 40% 21600 8,600.00
pHYLIS JOHNSON ADMINISTRATIVE ASSIST 40%_ 21500 8,600.00
—
WARREN 8TUBBS
FOOD SERV.NANAOER 20% 21812 4,362.40
..L . - I
187836 74,000.00
TOTAL: "
1
APPENDIX 3
NARRATIVE REPORT
FINANCIAL STATUS REPORT
CLIENT PROFILE REPORT
•
• CITY OF MIAMI BEACH
EMERGENCY SHELTER GRANT PROGRAM
NARRATIVE REPORT
Project Name: Date Submitted: ---/---/---
Project Category: Reporting Period: /
Signature&Title: Phone No.:
1. Describe activities completed and/or services provided during the Reporting Period. (Use
units of measure to quantify the accomplishments described.)
2. If no accomplishments can be described for this Reporting Period, describe the efforts
undertaken to fulfill contract goals by year end.
3. Indicate if funds are being spent in accordance with the ESG contract. Explain any
organizational or other problems which have affected the expenditure of ESG funding. State
any proposed solutions which may help you fulfill your contractual obligation.
4. Miscellaneous (e.g. special recognitions, awards, special circumstances encountered, etc.)
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CERTIFICATIONS
LEAD BASED PAINT REQUIREMENTS
RELIGIOUS ORGANIZATION REQUIREMENTS
CERTIFICATION REGARDING LOBBYING
DRUG-FREE WORKPLACE REQUIREMENTS
DISABILITY NONDISCRIMINATION AFFIDAVIT (ADA)
CERTIFICATION OF
LEAD BASED PAINT REQUIREMENTS
APPLICABILITY:
A. The lead based paint rule applies to ESGP-funded housing activities involving construction, purchase and
rehabilitation.
B. The following housing rehabilitation activities are excepted:
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.
Minimum treatment involves covering or removing the painted surfaces. Washing and repainting without
thorough removal or covering does not constitute adequate treatment.
Page 1 of 2
CERTIFICATION OF
LEAD BASED PAINT REQUIREMENTS
(Continuedi
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
gT A La/11 l— /caAr-
Name/Title of Signato
BETTER WAY OF MIAMI, INC.
Name of Organization
/O/A7/ 'f
Date
Page 2 of 2
CERTIFICATION OF
RELIGIOUS ORGANIZATION REQUIREMENTS
In accordance with First Amendment of the U.S. Constitution -"church/state principles", ESGP 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 ESGP 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 ESGP 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.
X
(„ --/:__. -"( :-e---e.._7
Siigrfature
gt\ Lei., 7 � A<<u >it */
Name/Title of Signatr
BETTER WAY OF MIAMI, INC.
Name of Organization
/J/1--y/7i
Date
Page 1 of 1
CERTIFICATION REGARDING LOBBYING
Name of Recipient: CITY OF MIAMI BEACH
Name of Sub-recipient: BETTER WAY OF MIAMI, INC.
Grant Program Name: EMERGENCY SHELTER GRANT
Grant Number: S-95-MC-12-0007
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection
with the awarding of any Federal contract,the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or any employee of a Member of Congress in connection with this Federal
contract, grant,loan, or cooperative agreement,the undersigned shall complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for
all sub-awards at all tiers (including sub-contracts, sub-grants, and contracts under grants, loans, and
cooperative agreements) and that all individuals receiving sub-awards shall certify and disclose accordingly.
X
Signature
;1)
Name/Title of Sign2tor
Date
Page 1 of 1
CERTIFICATION OF
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
Name of Recipient: CITY OF MIAMI BEACH
Name of Sub-recipient: BETTER WAY OF MIAMI, INC.
Grant Program Name: EMERGENCY SHELTER GRANT
Grant Number: S-95-MC-12-0007
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):
Signature
Name/Title of Signator
Date
Page 1 of 1
DISABILITY NONDISCRIMINATION AFFIDAVIT
CONTRACT REFERENCE ESGP FY 95/96 Contract
NAME OF FIRM, CORPORATION, OR ORGANIZATION BETTER WAY OF MIAMI, Inc.
AUTHORIZED AGENT COMPLETING AFFIDAVIT Bali L�
POSITION f c PHONE NUMBER (.'- j ?Y 3 'O y
I, L'-,) , being duly first sworn state:
That the above named form, corporation or organization is in compliance with and agrees to continue to comply
with, and assure that any subcontractor, or third party contractor under this project complies with all applicable
requirements of the laws listed below including, but not limited to, those provisions pertaining to employment,
provision of programs and services, transportation, communications, access to facilities, renovations, and new
construction.
The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-336, 104 Stat 327, 42 U.S.C. 12101-12213 and 547
U.S.C. Sections 225 and 611 including Title I, Employment;Tittle II, Public Services;Title III, Public Accommodations
and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions.
The Rehabilitation Act of 1973: 29 U.S.C. Section 794.
The Federal Transit Act, as amended: 49 U.S.C. Section 1612.
The Fair Housing Act as amended: 42 U.S.C. Section 3601-3631.
XC4,ef:
'
Signature
/.>/2y/
Date
SUBSCRIBED AND SWORN TO (or affirmed) before me on / /�1l f lr
(Date)
by „ known to me or has presented
/' (Affiant)
) / /�
as identification.
(Type of identification)
c r 75// `1
(Signature of Notary) (Serial Number)
! K / a elykr-_ /,/ ,j
(Print or Stamp Name of Notary) L _F'7`'Aat"'n n' e)
PAUL D.BLYLER
- �;, MY COMMISSION/CC 175119
l/ �: ��in"' ..�t EXPIRES:January 21,1996
Notary Public l0 r` � (State) Notary Seal '�'4;R Q' Bonded rnru Notary Pubic undsrmiters
The City of Miami Beach will not award a contract to any firm, corporation or organization that fails to complete and
submit this Affidavit with the firm,corporation or organization's bid or proposal or fails to have this Affidavit on file with
the City of Miami Beach.
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/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
CITY OF MIAMI BEACH
LOW AND MODERATE HOUSEHOLD INCOME LIMITS
(EFFECTIVE: 2/10/95)
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 25,000 15,600
2 PERSONS 28,550 17,850
3 PERSONS 32,100 20,050
4 PERSONS 35,700 22,300
5 PERSONS 38,550 24,100
6 PERSONS 41,400 25,850
7 PERSONS 44,250 27,650
8 PERSONS 47,100 29,450
* 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 95-02
Page 1 of 1
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
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. 1701 u. 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.
Page 1 of 2
SECTION 3 CLAUSE
(Continued)
The contractor will not subcontract with any subcontractor where it has notice or knowledge that
the latter has been found in violation of regulations under 24 CFR 135.20, and will not let nay
subcontract unless the subcontract has first provided it with a preliminary statement of ability to
comply with the requirements of these regulations.
E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135.20, and all
applicable rules and orders of the Department issued thereunder prior to the execution of the
contract, shall be a condition of the Federal financial assistance provided to the project, binding
upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill
these requirements shall subject the applicant or recipient, its contractors and subcontractors, its
successors, and assigns to those sanctions specified by the grant or loan agreement or contract
through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR
135.20.
Page 2 of 2
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
FOR CONTRACTS SUBJECT TO EXECUTIVE ORDER 11246
The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract
for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41
CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or
borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or
guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance,
or guarantee, the following equal opportunity clause:
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment without regard to their
race, color, religion, sex, or national origin. Such action shall include, but not be limited to the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The contractor agrees to post in conspicuous place, available to
employees and applicants for employment, notices to be provided setting forth the provision of this
nondiscrimination clause.
(2) The contract will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor,state that all qualified applicants will receive consideration for employment without regard
to race, color, religion, sex or national origin.
Page 1 of 4
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
FOR CONTRACTS SUBJECT TO EXECUTIVE ORDER 11246
(Continued)
(3) The contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising
the said labor union or workers' representative of the contractor's commitments under this section,
and shall post copies of the notice in conspicuous places available to employees and applicants
for employment.
(4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and
of the rules, regulations, and relevant orders of the Secretary of Labor.
(5) The contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
(6) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract
or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the contractor may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
Page 2 of 4
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
FOR CONTRACTS SUBJECT TO EXECUTIVE ORDER 11246
(Continued)
(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 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
Page 3 of 4
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
FOR CONTRACTS SUBJECT TO EXECUTIVE ORDER 11246
(Continued)
of such compliance, and that it will otherwise assist the administering agency in the discharge of the
agency's primary responsibility for securing compliance.
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