The Salvation Army
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AGREEMENT
This Agreement is entered into this 1 st day of October, 1996, 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 Salvation Army, ~eFSffll+fW~d 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 One-Year Action Plan for Federal
Funds for FY 1996/97 which includes the budgets for the Community Development Block
Grant (CDBG), Emergency Shelter Grant (ESG) Program, and HOME Investment
Partnerships Program, the necessity for providing services to the homeless in Miami
Beach; and
WHEREAS, the One-Year Action Plan was adopted by City of Miami Beach
Resolution 96-22046 on July 3, 1996; 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
Emergency Shelter for Women & Families
A. Provider agrees to provide Emergency Shelter Grant (ESG) Program services for
the homeless population in Miami Beach in accordance with the attached Budget,
by providing transitional housing (shelter beds), for up to seven homeless single
women and one homeless family (of up to five) per night. Services to include:
shelter, meals, linens, laundry facilities, education, case management, assistance
with permanent housing, medical and psychological referrals, nutritional counseling,
child care, transportation, job placement and training.
SECTION II:
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 Program shall become operational as of October 1, 1996, subject to the
approval of this Agreement by the Mayor and City Commission, and shall be completed by
September 30, 1997. 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 III:
REVERSION OF ASSETS
A. The Provider shall, upon expiration of the Agreement, transfer to the City any ESG
funds on hand at the time of expiration and any accounts receivable attributable to
the use of ESG funds. In accordance with Section 415 (c) (1) of the 1987
2
McKinney Act, each ESG recipient or sub-recipient herein certifies that it will
maintain the facility as a homeless shelter for a period of ten (10) years in the case
of major rehabilitation or conversion, or for three (3) years for other rehabilitation
activities (other than major rehabilitation or conversion). Any building for which
ESG funds are used for other eligible activities must be maintained as a shelter for
the homeless for the period during which such assistance is provided.
Any real property under the Provider's control that was acquired or improved in
whole or in part with ESG funds (including ESG funds provided to the Provider in
the form of a loan) must either:
1. be used as a homeless facility for either ten (10) years or three (3) years
after expiration of the Agreement as described above, or for such longer
period of time as determined to be appropriate by the City; or
2. if not used in accordance with the above paragraph, the Provider shall pay
to the City an amount equal to the current market value of the property less
any portion of the value attributable to expenditures of non-ESG funds for the
acquisition of, or improvement to, the property. (No payment is required after
the period of time specified in this section.)
SECTION IV: METHOD OF PAYMENT
It is expressly understood and agreed that the total compensation to be paid
hereunder for actual expenditures incurred shall not exceed Thirty-Five Thousand Six
Hundred Twenty-Five dollars ($35,625) from FY 1996/97 ESG 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.
3
A. The Provider shall submit monthly requests for payment for actual and/or
anticipated expenditures, including applicable back-up documentation, no later than
the tenth (10th) day of the succeeding month and the City will provide payment,
upon approval, within ten (10) working days after receipt of the same, if submitted
by the deadline date for inclusion on the drawdown request.
B. The Provider shall submit the final request for payment no later than November
10th, 1997. Invoices submitted after this date will not be paid and the City shall not
be liable for such costs.
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 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 Program 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.
4
SECTION VI:
CONDITION OF SERVICE
The Provider hereby agrees to the following:
A. The Program shall serve homeless individuals residing within the City limits of Miami
Beach, as outlined in Section 1 of this Agreement.
B. The Provider shall maintain in its file the documentation on which basis it
determines that the Program benefits such homeless persons from Miami Beach.
Such records shall include, but not be limited to: profiles identifying financial
classification, head of household, ethnicity, race, and gender.
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. 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. No expenditures or obligations shall be incurred for the program prior to approval
and release offunds 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 Agreement.
5
E. The Provider shall certify, pursuant to Section 109 of the Act, as amended, that no
person shall be denied the benefits of the program on the ground of race, color,
national origin or sex.
F. 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 income-eligible persons residing in the City of Miami Beach, particularly
minority group members.
G. The Provider shall comply with the applicable regulations governing program
Income. All funds shall be expended for ESG eligible activities, approved by the
City in accordance with the Budget attached to or referenced in this Agreement.
At the end of the program year, the City may require remittance of all or part of any
program income balances (including investments thereof) held by the Provider.
H. The Provider agrees that when sponsoring a Program financed in whole or in part
under this Agreement, all notices, informational pamphlets, press releases,
advertisements, descriptions of the sponsorship of the Program, research reports,
and similar public notices prepared and released by the Provider shall include the
statement:
"FUNDED BY THE CITY OF MIAMI BEACH
EMERGENCY SHELTER GRANT PROGRAM"
In written materials, the words "CITY OF MIAMI BEACH EMERGENCY SHELTER
GRANT FUNDS ADMINISTERED BY THE COMMUNITY DEVELOPMENT OFFICE
WITHIN THE ECONOMIC AND COMMUNITY DEVELOPMENT DIVISION" shall
appear in the same size letters or type as the name of the Provider.
6
I. 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 entering into any
sub-contract agreement. Failure to obtain prior approval will release the City
of any obligation to reimburse the Provider for any costs incurred.
J. The Provider shall maintain sufficient records to determine compliance with all
requirements of this Agreement, the Emergency Shelter Grant Program, and any
other applicable laws and regulations.
This documentation shall include, but not be limited to, the following:
1. Books, records and documents in accordance with generally accepted
accounting principles, procedures and practices which sufficiently and
properly reflect all revenues and expenditures of funds provided directly or
indirectly by this Agreement, including matching funds and program income.
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2. Time sheets for split-funded employees, which work on more than one
activity, in order to record the ESG activity delivery cost by Program and the
non-ESG related charges.
3. How the objectives of the Emergency Shelter Grant Program and the
eligibility requirement(s) for serving homeless individuals from Miami Beach
under which funding has been received, have been met.
K. 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.
L. In the event that the Provider is an organization and/or entity receiving or having
received ESG 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
Community Development Office, may, at its discretion and upon individual
evaluation, require the Provider to enter into a separate agreement further
restricting the use of the subject property; as well as requiring additional terms and
conditions relative to the use of the organization and/or entity's future funds,
monies, etc., being used and/or committed toward the buy-down of any debt
existing on the property.
8
SECTION VII:
APPLICABILITY OF OMB CIRCULARS AND OTHER FEDERAL
REQUIREMENTS
A. The Provider shall comply with the requirements and standards of OMS Circular
No. A-122, "Cost Principles for Non-profit Organizations", OMS Circular A-110
(implemented at 24 CFR part 84, "Uniform Administrative Requirements for Grants
and Agreements With Institutions of Higher Education, Hospitals, and Other Non-
Profit Organizations") or the related ESG provision, and OMS Circular No. A-133,
"Audits of Institutions of Higher Education and Other Nonprofit Institutions" (as set
forth in 24 CFR part 45). Audits shall be conducted annually.
S. The Provider will comply with the policies, guidelines, and requirements of 24 CFR
Part 85 (codified pursuant to OMS Circular No. A-87), as they relate to the
acceptance and use of Emergency Shelter Grant amounts.
C. The Provider will comply with all of the provisions of 24 CFR 576.79 entitled "Other
Federal Requirements".
SECTION VIII:
CONDITIONS FOR RELIGIOUS ORGANIZATIONS
A 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.
9
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 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 ESG expenditure for the public
services.
SECTION IX:
ASSISTANCE TO THE HOMELESS
Providers must comply with the provisions of 24 CFR 576.77 which requires that
homeless individuals and families must be given assistance in obtaining: (a) appropriate
supportive services, including permanent housing, medical health treatment, mental health
treatment, counseling, supervision, and other services essential for achieving independent
living, and (b) other Federal, State, Local and private assistance available for such
individuals.
SECTION X:
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.
10
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 XI:
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.
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.
SECTION XII:
COMPLIANCE WITH LOCAL. STATE
AND FEDERAL REGULATIONS
The Provider agrees to comply with all applicable federal regulations as they may
apply to program administration and to carry out each activity in compliance with the laws
and regulations as described in 24 CFR 576. Additionally, the Provider will comply with all
state and local laws and ordinances hereto applicable.
SECTION XIII:
MATCHING REQUIREMENTS
The Provider herein warrants that it will comply with the provisions of 24 CFR 576.71
and will provide the required dollar for dollar match from sources other than ESG, in
accordance with Appendix 2.
SECTION XIV:
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 funded
12
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) "Conflicts 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 XV:
REPORTING AND EVALUATION REQUIREMENTS
Maintaining credibility for the community development effort rests heavily on the
ability to produce an impact in income-eligible areas, through progress in accomplishing
scheduled activities. An effective method for maintaining program progress against a
previously established schedule is through program 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.
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3. The Client Profile Report.
B. Final Evaluation. Within twenty (20) days of contract completion, a final report
documenting how the objectives of serving homeless persons who reside in Miami
Beach were met, must be submitted by the Provider to the City's Community
Development Office 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-ESG 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 program/activity
is considered "closed-out".
Other Reporting Requirements may be required by the City in the event of
Program changes, the need for additional information or documentation, and/or legislative
amendments. The Provider shall be informed, in writing, if any changes become
necessary .
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 ESG payments to the Provider.
SECTION XVI:
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
14
records, documentation, and any other data relating to all matters covered by the
Agreement.
Audits shall be conducted annually and shall be submitted to the City 180 days after
the end of the Provider's fiscal year. Sub-recipients shall comply with the requirements and
standards of OMB A-133, "Audits of Institutions of High Education and Other Non-Profit
Institutions" (as set forth in 24 CFR Part 45, or OMB Circular A-128, "Audits of State and
Local Governments" (as set forth in 24 CFR Part 44). 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 XVII:
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. 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.
15
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 City
Administration.
XVIII :
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 $35,625. 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 $35,625, 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 $35,625 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
16
subparagraph or elsewhere in this Agreement is in any way intended to be a waiver of the
limitation placed upon City's liability as set forth in Florida Statutes, Section 768.28.
SECTION XIX:
VENUE
This Agreement shall be enforceable in Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or
conditions herein, exclusive venue for the enforcement of same shall lie in Dade County,
Florida.
SECTION XX:
TERMINA TION
The City and the Provider agree:
A. This Agreement may be terminated in whole or in part for convenience and without
cause by either party hereto by written notice to the other party of such intent to
terminate at least thirty (30) days prior to the effective date of such termination.
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.
B. The City may also 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.
17
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. 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.
C. 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.
18
D. 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 resulting from obligations which were properly incurred before the
effective date of suspension or termination, are not in anticipation of it, and
in the case of termination, are noncancelable; and
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.
E. 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.
SECTION XXI: 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:
Harry S. Mavrogenes
Assistant City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
19
Provider:
Augusta Flynn, Executive Director
The Salvation Army
1907 N.W. 38th Street
Miami, FL 33142
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 MIAMI BEACH, FLORIDA
CITY CLERK
MAYOR
J<~<f fC1A~
WITNESSES:
4-7~
THE SALVATION ARMY A GEORGIA CORPORATION
~~~
UTHORIZED SIGNA TOR
DAVID R. MOTHERSHED ASSISTANT TREASURER
PRINT OR TYPE NAME AND
TITLE OF AUTHORIZED SIGNA TOR
96/SALVATION
20
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APPENDIX 1
BUDGET SUMMARY
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APPENDIX 2
MATCHING FUNDS
THE SALVATION ARMY, A GEORGIA CORPORATION
1907 NW 38TH STREET
MIAMI, FLORIDA 33142
,
SCHEDULE OF PROGRAM MATCH
ESGP
CITY OF MIAMI BEACH
NAMES POSITION % OF TIME SALARY MATCH
AUGUSTA FLYNN DIRECTOR OF SOCIAL SERVICES 10% $39,260 $3,926.00
CHRISTINE LONG PROGRAM DIRECTOR 20% $36,643 $7,328.60
JIM FINN LODGE DIRECTOR 20% $14,606 $2,921.20
DIMITRI FERNENE SUBSTANCE ABUSE COUNSELOR 20% $30,324 $6,064.80
MICHELE IANNUZZI CHILDREN'S ACTIVITY WKR 20% $19,462 . $3,892.40
VIOLA WILLIS FOOD SERVICE COORDINATOR 20% $24,010 $4,802.00
RICK FORD FACILITY MANAGER 20% $32,790 $6,558.00
ON-CALL CONSULTANT 3.3% $ 4,000 $ 132.00
Total $35,625.00
APPENDIX 3
NARRATIVE REPORT
FINANCIAL STATUS REPORT
CLIENT PROFILE REPORT
CITY OF MIAMI BEACH
EMERGENCY SHELTER GRANT
NARRATIVE REPORT
I Signature & Title:
I Date Submitted: ---/---/--- I
I Reporting Period: ------/------ I
I Phone No.: I
I Project Name:
I Project Category:
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 has affected the expenditure of ESG funding.
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CERTIFICA TIONS
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 ESG-funded housing activities involving' construction, purchase and
rehabilitation.
B. The following housing rehabilitation activities are excepted:
I. 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
(Continued)
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.
DAV!D ~. i,~OTHERSHED ASSISTANT TREASURER
NamelTitle of Signator
THE SAL" ATION ARMY, A GEORGIA CORPORATION
Name of Organization
/'
Date
Page 2 of2
CERTIFICA TION OF
RELIGIOUS ORGANIZATION REQUIREMENTS
In accordance with First Amendment of the U.S. Constitution - "church/state principles", ESG 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 ESG 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;
tt rt i/J/1/of /3/ftlrtiY1t/f /lisIeIJ/M #0vM e {JiJ'DKd iri rldckf:,/cisI5~fif! ih/w~0IMdr M P/3.Nt/rfr:M ttti$ mfNri1~ r/I t/ ffll/
~' fr/(j ~f/qt~~~rj. /JI N/itJlr/t/~ $'Ir/1'Prplf;/r/r/r1e;t/JNtlr/~ /3/1fJ/
'"
\" e funds received under this Agreement shall not be used to construct, rehabilitate, or restore any facility
whic ~s owned by the Provider and in which the public services are to be provided. However, minor repairs may be
ae 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 ESG 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.
DAVID R, MOTHERSHED ASSISTANT TREASURER
NamelTitfe of Signator
-Ihe (_lJ1iYi'lfi.1Y7 ,Arn:J A 6ccrrtltL {';rfL')l(J.17~~
Name of Organization ( I \~
Date
Page 1 of 1
CERTIFICATION REGARDING LOBBYING
Name of Recipient:
CITY OF MIAMI BEACH
~rhe 0oJva,f!(rn Army ( A (e?JrjJtL t,r;r(J
EMERGENCY SHELTER GRANT
Name of Sub-recipient:
Grant Program Name:
Grant Number:
S-96-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.
Signat
DAVID R. MOTHERSHED ASSISTANT TREASURER
Name/Title of Signator
Date
Page 1 of 1
CERTlFICA TION OF
CERTIFICA TION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
Name of Recipient:
CITY OF MIAMI BEACH
---T}Jf (jtlJv~+t(JY,) Arm,; A {)eotg}()v ~(?rp~YO-l1on
/'
EMERGENCY SHELTER GRANT
Name of Sub-recipient:
Grant Program Name:
Grant Number:
S-96-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):
tHE SALVATION ARMY, A GEORGIA CORPORATION FOR
--The (l}tL/\!tL-hm ArmJ
{ I c/
/901 N W !6 (')trt~t'
MCiJ11 (JJtLde ~vurtV) r0ndLL L~0/V-<-+
f
DAVID R. MOTHERSHED ASSISTANT TREASURER
NamelTitle of Signator
Date
Page 1 of 1 .
DISABILITY NONDISCRIMINATION AFFIDAVIT
NAME OF FIRM, CORPORATION, OR ORGANIZATION
FY 1996/97 ESG Contract
1nl c!aJvtLtJrm Arm; A 61!:JYjI~
~(V (tJIt1.::hfY? DAVID R MOTH~RSHED
CONTRACT REFERENCE
AUTHORIZED AGENT COMPLETING AFFIDAVIT
ASSISTANT TREASURER
POSITION
PHONE NUMBER (
14041728.1300
I,
DAVID R MOTHERSHED
, 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.
"
ASSISTANT TREASURf
:)
Date
SUBSCRIBED AND SWORN TO (or affirmed) before me on
N ("TU.Q~~ S. l ~qln
(Date)
by
.......1.
(Affiant)
He/She is personally known to me or has presented
as identification.
(Type of identification)
Cl Q~*1k ~. ~~
(Signature of Notary)
(\~o.. c, J\u.~+~~
(Print or Stamp Name of Notary)
(Serial Number)
Notary Pu~lIc. DeKalb COU",,^GtlGI'gl8
My CommIssion Expire. March a. 1991
(Expiration Date)
Notary Public
GEORGIA
(State) Notary Seal
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.
Page 1 of 1
A TT ACHMENTS
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: 1/18/96)
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.
I HOUSEHOLD SIZE I MODERA TE INCOME* I LOW INCOME** I
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 96-02
Page 1 of 1
CITY OF MIAMI BEACH - LOW/MODERATE INCOME DATA
DATA PROVIDED BY U.S. HUD MEMORANDUM "CDBG 1990 CENSUS
INCOME SUMMARY DATA" (~- JULY 2.1993
FLAMINGO TARGET AREA
I CENSUS TRACT I TOTAL UM PERSONS I TOTAL PERSONS I % LOW/MOD I
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% UM
NORMANDY ISLE TARGET AREA
I CENSUS TRACT I TOTAL L/M PERSONS I TOTAL PERSONS I % LOW/MOD I
39.05-2 2,408 3,346 71.97
39.05-4 2,401 3,071 78.18
I TOTAL I 4,809 I 6,417 I 75% UM I
NORTH SHORE TARGET AREA
I CENSUS TRACT I TOTAL L/M PERSONS I TOTAL PERSONS I % LOW/MOD I
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% UM
CITY OF MIAMI BEACH
PERCENT AGE OF LOW /MODERA TE INCOME PERSONS
BY CENSUS TRACT AND BLOCK GROUP
CENSUS BLOCK % LOWIMOD 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. 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
Page 1 of 3
SECTION 3 CLAUSE
(Continued)
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
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
Page 2 of 3
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 3 of 3
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 payor other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in
Page 1 of 6
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
FOR CONTRACTS SUBJECT TO EXECUTIVE ORDER 11246
(Continued)
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.
(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.
Page 2 of 6
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
FOR CONTRACTS SUBJECT TO EXECUTIVE ORDER 11246
(Continued)
(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 pro
Page 3 of 6
THE SALVATION ARMY POLICY STATEMENT
ON RELATIONSHIPS WITH OTHER GROUPS AND ORGANIZATIONS
The Salvation Army in the United States works cooperatively with many groups --
governmental, social service, civic, religious, business, humanitarian, educational,
health, character building, and other groups -- in the pursuit of its mission to
preach the Christian Gospel and meet human need.
Any agency, governmental or private, which enters into a contractual or
cooperative relationship with The Salvation Army should be advised that:
1. The Salvation Army is an international religious and charitable movement,
organized on a quasi-military pattern, and is a branch of the Christian
church.
2. All programs of The Salvation Army are administered by Salvation Army
Officers, who are ministers of the Gospel.
3.
The motivation of the organization is love of God and a practical concern
for the needs of humanity.
....
4. The Salvation Army's provision offood, shelter, health services,
counseling, and other physical, social, emotional, psychological and
spiritual aid, is given to persons in need simply because they are in need.
Organizations contracting and/or cooperating with The Salvation Army may be
assured that because The Salvation Army is rooted in Christian compassion and is
governed by Judeo-Christian ethics, The Salvation Army will strictly observe all
provision of its contracts and agreements.
Commissioners Conference:
October 1994
Revised: 7/25/95