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97-22297 RESO RESOLUTION 97-22297 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE SUBMISSION OF AN APPLICATION TO THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR FINANCIAL ASSISTANCE TO THE CITY FOR THE LOG CABIN TRAINING CENTER IN THE FORM OF A COMMUNITY SERVICES BLOCK GRANT (CSBG), AND APPROPRIATING SUCH FUNDS IF AWARDED; FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE COMMUNITY SERVICES BLOCK GRANT AGREEMENT. WHEREAS, the State Department of Community Affairs provides annual grants under the Community Services Act of 1981; and WHEREAS, the City has effectively provided services through this and other programs; and WHEREAS, the continued provision of these services is essential to the developmentally disabled adults of Miami Beach. NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA as follows: 1. That the Mayor and City Commission be authorized and directed to make application to the State of Florida, Department of Community Affairs for a grant in the amount available to the City, under applicable law and rules, for the April 1, 1997 to September 30, 1997 program period, and appropriating such funds, if awarded, to Special Revenue Fund 199.8000.334401. 2. That all funds necessary to meet the obligations of the City and its agencies with the Department have been appropriated, and such funds are unexpended and unencumbered and are available for payment as prescribed in the Grant Agreement. The City shall be responsible for the funds for the local share notwithstanding the fact that all, or part of, the local share is to be met or contributed by other sources, such as contributions, funds from other agencies, or organization funds. 3. That the Mayor and the City Clerk are hereby authorized and directed to execute, the attached Community Services Block Grant Agreement with the Department of Community Affairs, subject to review by the Administration and City Attorney's Office, setting forth the City's commitment to meet and comply with all the terms of the provisions of the grant, when and if made available. PASSED and ADOPTED this 19th ATTEST: Ro k-Ld-- PAA-Gk CITY CLERK APPROVED AS TO FORM & LANGUAGE &fOREXECUll0N 1i~ rVtvn ttomey ~ CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 CITY OF MIAMI BEACH COMMISSION MEMORANDUM NO. ~ D 3-9l_ TO: Mayor Seymour Gelber and Members of the City Commission DATE: February 19, 1997 FROM: Jose Garcia_pedrosaM City Manager . A RESOLUTION F THE MA VOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE SUBMISSION OF AN APPLICATION TO THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR FINANCIAL ASSISTANCE TO THE CITY FOR THE LOG CABIN TRAINING CENTER IN THE FORM OF A COMMUNITY SERVICES BLOCK GRANT (CSBG), AND APPROPRIATING SUCH FUNDS IF AWARDED; FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE COMMUNITY SERVICES BLOCK GRANT AGREEMENT. SUBJECT: ADMINISTRATION RECOMMENDATION: Approve the attached Resolution. BACKGROUND: For the past eight (8) years, the City has applied for and received financial assistance from the State of Florida Department of Community Affairs for City programs designed to benefit developmentally disabled adults at the Log Cabin Training Center located at 8128 Collins Avenue. These programs encompass "independent living skills" and "supported employment." Independent living skills teaches clients the skills necessary to become self- reliant, such as cooking, personal hygiene, housekeeping and the like. Supported employment trains clients to assume jobs based on their knowledge and abilities. This application will continue to supplement the operating funds necessary for the programs designed to benefit developmentally disabled adults. AGENDA ITEM C- '1 F DATE~ COMMISSION MEMO FEBRUARY 19, 1997 PAGE TWO ANAL YSIS: This grant application is for financial assistance to provide continued instruction and supportive services to 52 developmentally disabled adults, currently enrolled at the City's Log Cabin Training Center located at 8128 Collins Avenue. The monies from the CSBG program will qe used to supplement the existing services. The required cash match from the City will be derived from actual services and the salaries of City employees working at the Log Cabin Training Center. (The CSBG counts salaries as a cash-match.) CONCLUSION: The Administration recommends that the Mayor and City Commission approve the attached Resolution authorizing the Mayor and City Clerk to submit an application to the State of Florida Department of Community Affairs Community Services Block Grant (CSBG) in the approximate amount of $14,862 to be implemented by the City's Economic and Community Development Division of the Development, Design and Historic Preservation Department and appropriating such funds, if awarded, to Special Revenue Fund 199.8000.334401. Also, that the Administration be authorized to make any changes which do not substantially alter the scope or intent of the CSBG grant application. JGP/HfJH/ALllk CSBG 5% 1997 97SB-7M-11-23-02-054 Contract Number: CFDA Number: 93.569 COMMUNITY SERVICES BLOCK GRANT AGREEMENT THIS agreement is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "department"), ancClTY OF MIAMI BEACH hereinafter referred to as the "grantee"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOllOWING FACTS: A. WHEREAS, the grantee represents that it is fully qualified, possesses the requisite skills, knowledge, qualifications and experience to provide the services identified herein, and does offer to perform such services, and B. WHEREAS, the department has a need for such services and does hereby accept the offer of the grantee upon the terms and conditions hereinafter set forth. C. WHEREAS the department has authority pursuant to Public law 97-35 to disburse the grant funds under this agreement. as follows: NOW, THEREFORE, the department and the grantee do mutually agree (1) SCOPE OF WORK The grantee shall fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A of this agreement. (2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES Both the grantee and the department shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those program provisions identified in Attachment B. (3) PERIOD OF AGREEMENT This agreement shall begin upon execution by both parties or April 1, 1997, whichever is later and shall end September 3D, 1997 unless terminated earlier in accordance with the provisions of paragraph (9) of this agreement. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this agreement. Any additional terms and conditions pertaining to modification of this contract are set forth in Attachment B. ~ ". 1 (5) RECORD KEEPING (a) If applicable, grantee's performance under this agreement shall be subject to the Common Rule, 45 CFR Part 74 and 92, or OMB Circular No. A-110, "Grants and agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMS Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this agreement is made with a commercial (for-profit) organization on a cost- reimbursement basis, the grantee shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) All original records pertinent to this agreement shall be retained by the grantee for three years following the date of termination of this agreement or of submission of the final close-out report, whichever is later, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the three year period and extends beyond the three year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for three years after final disposition. 3. Records relating to real property acquisition shall be retained for three years after closing of title. (c) All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (d) The grantee, its employees or agents, including all subgrantees or consultants to be paid from funds provided under this agreement, shall allow access to its records at reasonable times to the department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the department. (e) Any additional terms and conditions pertaining to property management and procurement under this agreement are set forth in Attachment C. (6) REPORTS (a) At a minimum, the grantee shall provide the department with monthly financial status reports and quarterly program reports and a close-out report. (b) Monthly financial status reports are due to be received by the department no later than 21 days after the end of each month of the program year and shall continue to be submitted each month until submission of the administrative close- out report. Quarterly reports are due to be received by the department no later than 21 days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are June 30 and September 30. 2 (c) The close-out report is due 45 days after termination of this agreement or upon completion of the activities contained in this agreement. (d) If all required reports and copies, prescribed above, are not sent to the department and/or are not completed in a manner acceptable to the department, the department may withhold further payments until they are completed and/or may take such other action as set forth in paragraph (9). The department may terminate the agreement with a grantee if reports are not received within 21 days after written notice by the department. "Acceptable to the department" means that the work product was completed in accordance with generally accepted principles and is consistent with the Budget and Scope of Work. (e) Upon reasonable notice, the grantee shall provide such additional program updates or information as may be required by the department, including supporting or source documentation for required reports identified above. (7) MONITORING (a) The grantee shall constantly monitor its performance under this agreement to ensure that time schedules are being met, the Budget and Scope of Work is being accomplished within specified time periods, and other performance goals are being achieved. Such review shall be made for each function, or activity set forth in Attachment A to this agreement. (b) Training and technical assistance shall be provided by the department, within limits of staff time and budget, upon request by the grantee and/or upon a determination by the department of grantee need. (c) The grantee shall allow the department to carry out monitoring, evaluation and technical assistance and shall ensure the cooperation of its employees, and of any subgrantees with whom the grantee contracts to carry out program activities. (8) LIABILITY (a) Except as otherwise provided in subparagraph (b) below, the grantee shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall save the department harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, grantee agrees that it is not an employee or agent of the department, but is an independent contractor. (b) Any grantee who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible for its negligent acts or omissions or tortious acts which result in claims or suits against the department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any grantee to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (9) DEFAULT: REMEDIES: TERMINATION (a) If any of the following events occur ("Events of Default"), all obligations on the part of the department to make any further payment of funds hereunder shall, if the department so elects, terminate and, the department may at its option exercise any of its remedies set forth herein, but the department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 1. If any warranty or representation made by the grantee in this agreement or any previous agreement with the department shall at any time be false or 3 misleading in any resp~ct, or if the grantee shall fail to keep, observe or perform any of the terms or covenants contained in this agreement or any previous agreement with the department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; 2. If any material adverse change shall occur in the financial condition of the grantee at any time during the term of this agreement from the financial condition revealed in any reports filed or to be filed with the department, and the grantee fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the department; 3. If any reports required by this agreement have not been submitted to the department or have been submitted with incorrect, incomplete or insufficient information; 4. If the grantee has failed to perform and complete in timely fashion any of the services required under the Budget and Scope of Work attached hereto as Attachment A. 5. If the necessary funds are not available to fund this agreement as a result of action by the Legislature, the Office of the Comptroller or the Office of Management and Budgeting. (b) Upon the happening of an Event of Default, then the department may, at its option, upon written notice to the grantee and upon the grantee's failure to timely cure, exercise anyone or more of the following remedies, either concurrently or consecutively, and the pursuit of anyone of the following remedies shall not preclude the department from pursuing any other remedies contained herein or otherwise provided at law or in equity: 1. Terminate this agreement, provided that the grantee is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (10) herein; 2. Commence an appropriate legal or equitable action to enforce performance of this agreement; payment; 3. Withhold or suspend payment of all or any part of a request for 4. Exercise any corrective or remedial actions, to include but not be limited to, requesting additional information from the grantee to determine the reasons for or the extent of non-compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the grantee to suspend, discontinue or refrain from incurring costs for any activities in question or requiring the grantee to reimburse the department for the amount of costs incurred for any items determined to be ineligible; 5. Exercise any other rights or remedies which may be otherwise available under law; (c) The department may terminate this agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the grantee to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. 4 (d) Suspension or termination constitutes final agency action under Chapter 120, Fla. Stat., as amended. Notification of suspension or termination shall include notice of administrative hearing rights and time frames. (e) The grantee shall return funds to the department if found in non- compliance with laws, rules, regulations governing the use of the funds or this agreement. (f) This agreement may be terminated by the written mutual consent of the parties. (g) Notwithstanding the above, the grantee shall not be relieved of liability to the department by virtue of any breach of agreement by the grantee. The department may, to the extent authorized by law, withhold any payments to the grantee for purpose of set-off until such time as the exact amount of damages due the department from the grantee is determined. (10) NOTICE AND CONTACT (a) All notices provided under or pursuant to this agreement shall be in writing and delivered either by hand delivery, or first class, certified mail, return receipt requested, to the representative at the address identified below and said notification attached to the original of this agreement. (b) The name and address of the department contract manager for this agreement is: Mr. Robert Lakin Planning Manager Bureau of Community Assistance Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (c) The name and address of the representative of the grantee responsible for the administration of this agreement is: MAYOR SEYMOUR GELBER CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 (11) OTHER PROVISIONS a) The validity of this agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the grantee, in this agreement, in any subsequent submission or response to department request, or in any submission or response to fulfill the requirements of this agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the department and with thirty (30) days written notice to the grantee, cause the termination of this agreement and the release of the department from all its obligations to the grantee. (b) This agre~ment shall be construed under the laws of the State of Florida, and venue for any actions arising out of this agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this agreement. 5 (c) No waiver by the department of any right or remedy granted . hereunder or failure to insist on strict performance by the grantee shall affect or extend or act as a waiver of any other right or remedy of the department hereunder, or affect the subsequent exercise of the same right or remedy by the department for any further or subsequent default by the grantee. Any power of approval or disapproval granted to the department under the terms of this agreement shall survive the terms and life of this agreement as a whole. (d) The provider agrees to comply with the Americans with Disabilities Act. Public Law 101-336. 42 U.S.C. 12101 et seq., if applicable, which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and in telecommunications. (e) The agreement may be executed in any number of counterparts, any one of which may be taken as an original. (f) If applicable, the grantee shall provide the department with a signed Public Entity Crime Statement, Form PUR 7068, pursuant to the requirements of Section 287.133(3) (a), Fla. Stat., and enclose it with the agreement documents. If subgrantees will receive payment from this contract, it is the grantee's responsibility to ensure that a copy of the form is executed by each for whom it is applicable, and is included with the agreement documents. (g) The provider agrees to comply with Public Law 103-227. Part C. Environmental Tobacco Smoke, also known as the Pro-Children Act of 1994 (Act), which requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by an entity and used routinely or regularly for the provision of health, day care, education, or library services to children under the age of 18 if the services are funded by Federal programs either directly or through States or local governmental by Federal grant, contract, loan or loan agreement. (12) AUDIT REQUIREMENTS (a) The grantee agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The grantee shall also provide the department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this agreement. (d) The grantee shall provide the department with an annual financial audit report which meets the requirements of Sections 11.45 and 216.349, Fla. Stat., and Chapter 10.550 and 10.600, Rules of the Auditor General, and, to the extent applicable, the Single Audit Act of 1984,31 U.S.C. ss. 7501-7507, OMB Circulars A- 128 or A-133 for the purposes of auditing and monitoring the funds awarded under this agreement. The funding for this agreement was received by the department as a grant and aid appropriation. 1. The annual financial audit report shall include all management letters and the grantee's response to all findings, incluqing corrective actions to be taken. 6 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all agreements and grant revenue by sponsoring agency and agreement number. 3. The complete financial audit report, including all items specified in (12)(d) 1 and 2 above, shall be sent directly to: Department of Community Affairs Office of Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (e) In the event the audit shows that the entire funds, or any portion thereof, were not spent in accordance with the conditions of this agreement, the grantee shall be held liable for reimbursement to the department of all funds not spent in accordance with these applicable regulations and agreement provisions within thirty (30) days after the department has notified the grantee of such non-compliance. (f) The grantee shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of three years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the three-year period. the records shall be retained until the litigation or audit findings have been resolved. (g) The grantee shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. (h) The audit is due seven (7) months after the end of the fiscal year of grantee or by the date the audit report is issued by the state Auditor General, whichever is later. (I) An audit performed by the State Auditor General shall be deemed to satisfy the above audit requirements. (13) SUBGRANTEES If the grantee subgrants any or all of the work required under this agreement, a copy of the executed subgrant must be forwarded to the department within thirty (30) days after execution of this agreement. The grantee agrees to include in the subcontract that (I) the subgrantee is bound by all applicable state and federal laws and regulations, and (ii) the subgrantee shall hold the department and grantee. harmless against all claims of whatever nature arising out of the subgrantees performance of work under this agreement, to the extent allowed and required by law. (14) TERMS AND CONDITIONS The agreement contains all the terms and conditions agreed upon by the parties. (15) ATTACHMENTS (a) All attachments to this agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. 7 (c) This agreement has the following attachments: A. Budget and Scope of Work (Contract Proposal Package) B. Incorporation of Laws, Rules, Regulations and Policies; Program Income; CSBG Modifications, Match Requirements, CSBG Client Eligibility, Other Provisions C . Property Management and Procurement and Recordkeeping D. Federal Lobbying Certification E. Copyright Patent and Trademark F. Advance Justification G. CSBG Statement of Assurances H. Special Conditions (16) FUNDING/CONSIDERA TION (a) This is a cost-reimbursement agreement. The grantee shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $ 111,862.00 subject to the availability of cash and appropriate budget authority. (b) Any advance payment under this agreement is subject to s. 216.181 (14), Fla. Stats. The amount which may be advanced may not exceed the expected cash needs of the grantee within the first three (3) months, based upon the funds being equally disbursed throughout the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-102, A-110, A-122 and the Cash Management Improvement Act of 1990. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this agreement as Attachment F. Attachment F will specify the amount of advance payment needed. Attachment F must be completed if an advance is requested. 1. -.2<_ No advance payment is requested. 2. An advance payment of $ is req uested. (c) After the initial advance, if any, payment shall be made on a monthly reimbursement basis as needed. The grantee agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this agreement. (17) STANDARD CONDITIONS The grantee agrees to be bound by the following standard conditions: (a) The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat., or the Florida Constitution. (b) If otherwise allowed under this agreement, extension of an agreement for contractual services shall be in writing for a period not to exceed six (6) months and shall be subject to the same terms and conditions set forth in the initial agreement. There shall be only one extension of the agreement unless the failure to meet the criteria set forth in agreement the for completion of the agreement is due to events beyond the control of the grantee. (c) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postdated thereof. (d) If otherwise allowed under this agreement, all bills for any travel expenses shall be submitted in accordance with s. 112.061, Fla. Stat. (e) The Department of Community Affairs reserves the right to unilaterally cancel this agreement for refusal by the grantee to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the grantee in conjunction with the agreement. 8 (18) STATE LOBBYING PROHIBITION No funds or other resources received from the department in connection with this agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. lobbying. (19) COPYRIGHT. PATENT AND TRADEMARK Refer to Attachment D for additional terms and provisions relating to If applicable to this agreement, refer to Attachment E for terms and conditions relating to copyrights, patents and trademarks. (20) LEGAL AUTHORIZATION The grantee certifies with respect to this agreement that it possesses the legal authority to receive the funds to be provided under this agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this agreement with all covenants and assurances contained herein. The grantee also certifies that the undersigned possesses the authority to legally execute and bind grantee to the terms of this agreement. (21) ASSURANCES The grantee shall comply with any Statement of Assurances incorporated as Attachment G. (22) VENDOR PAYMENTS .'. Pursuant to Section 215.422, Florida Statutes, the department shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the agreement. Failure to issue the warrant within 40 days shall result in the department paying interest at a rate as established pursuant to Section 55.03(1) Fla. Stat., The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (904) 488-2924 or by calling the State Comptroller's Hotline at 1-800-848-3792. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS B~cv>;77/77~ ATTEST: Rosa M. Morgan, Chief Bureau of Community Assistance ROBERT PARCHER, CITY CLERK Date: ~t/?7 Date:--/.t&kdQ:..<:1 _-?/, tY'j 7 (/ " APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 59-6000372 Federal Identification Number H:\LEGAL \BJF\MASTER. CON/12/95 1f!/lltf;;- 0f.!~97 Date 9 Page --L of -L ATTACHMENT A FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FIVE PERCENT LOCAL GOVERNMENT SHARE CONTRACT PROPOSAL FEDERAL FISCAL YEAR 1997 PROPOSAL SUBMISSION FORM SUBMITTED BY: CITY OF MIAMI BEACH Grantee Application is hereby made for funding through the Community Services Block Grant under the Community Services Block Grant Act of 1981 (PL 97-35), as amended, and the Community Services Block Grant Program Rule Chapter 9B-22, Florida Administrative Code. THE APPLICANT CERTIFIES THAT THE DATA IN THIS APPLICATION AND ITS VARIOUS SECTIONS, INCLUDING BUDGET DATA, ARE TRUE AND CORRECT TO THE BEST OF ITS KNOWLEDGE AND THAT THE FILING OF THIS APPLICATION HAS BEEN DULY AUTHORIZED AND UNDERSTANDS THAT IT WILL BECOME PART OF THE AGREEMENT BETWEEN THE DEPARTMENT AND THE APPLICANT. PROPOSALS SHOULD BE RECEIVED AT THE DESIGNATED ADDRESS BEFORE CLOSE OF BUSINESS OF MARCH 1. 1997. ATTACHMENT A Page -L of ~ FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS COM1VIUNITY SERVICES BLOCK GRANT FIVE PERCENT (5%) LOCAL GOVERNMENT SHARE CONTRACT PROPOSAL FEDERAL FISCAL YEAR: 2l CONTRACT PERIOD: April 1. 1997 TO SfJltcm bel' 30, 1997 FOn. DCA USE ONL Y DATE RECEIVED: 2/27/97 CONTRACT NO: 97SB-7M-11-23-02-054 REVISION(S) RCVD: _ \ ____ GRANT TYPE: Fi\'c Percelll (5'Yo) Local Co\'crnmelll Share DCA CONSULTANT: Ray Smith .-- I. GRANTEE CA TEG_ORY: ---- -- { Eligible Entity {X} Local Go\'cfIlll1Cnl ( Migrant/Seasonal rarmworker Organization - II, COUNTIES TO BE SERVED WITH THESE FUNDS: DADE COUNTY III. GENERAL ADMINISTRA'J]Vf, INFORl\1ATrON a. Name of Grantee:: CITY OF MIAMI BEACH b. Address: 1700 CONVENTION CENTER DRIVE City: _J\1IAML6_El\..GIL_, FL Zip Code: 33139 Telephone: (30)) Fax: (30}i 673-7260 673-7772 County: DADE c. Mailing Address (if different from above): N/A 1 FL Zip Code: d. Chief Elected Official (For local governments) or President/ Chairman of Board (for corporations): Name: SEYMOUR GELBER Title: MA Y 0 R e. Official to Receive State Warrant: Name: DIANE ALEXANDER Title: COMMUNITY DEVELOPMENT COORDINATOR Mailing Address: 1700 CONVENTION CENTER DRIVE MIAMI BEACHFL Zip Code: 33139 f. Contact Person: Name: AG I LONG Title: PROGRAM ADMINISTRATOR Mailing Address: 8128 COLLINS MIAMI BEACH 993-2008 993-2012 AVENUE ,FL Zip Code: 33141 Telephone: (30~ Fax: C30~ g. Person(s) authorized to sign fiscal reports: \ AGI LONG PROGRAM ADMINISTRATOR h.. Federal Identification Number: 59-6000372 III. SIJnGRANTEE INFOHryJATJQ-,-~ These funds will be transferred to: {X} No Suograntees { } _ SUBGRANTEE(s) as follows: Name and address of subgrantee(s) Contact person and Telephone Number: ATTACHMENT A Page L of --.JL FIVg PERCENT LOCAL GOVERNMENT SHARE BUDGET SUMMARY Grantee: REVENUE SOURCES PERCENT MA TCH TOTAL NOTES: AMOUNT - Round all tigurt:s up to tht: nt:arcsl I . CSBG Grant Funds dollar 14,862.00 - Provide a minimum 2. Cash Match 20 % 2,973.00 of: 2% - Cash ~'Iatch 3. In-Kind Match 0% 20% - Total Match 4. TOTAL MA TClI (Line 2 -I- Line 3) 20 % - Do not under match 2,973.00 1.99% Cash Match 5. TOTAL FUNDS (Line I -I- Line 4) is unacceptable. 17,835.00 CSBG FUNDED PROGRAMS ONLY EXPENSE CATEGORY (I) CSBG FUNDS (4) TOTAL GRANTEE ADMINISTRATIVE EXPENSES: 6. Salaries including fringe 7. Rent and Utilities 8. Travel 9. Other 10. SUBTOTAL (Lines 6 through 9) SUBGRANTEE ADMINISTRATIVE EXPENSES II. Salaries including fringe 12. Rent and Utilities 13. Travel 14. Other 15. SUBTOTAL (Lines II through 14) 16. TOTAL ADMINISTRATIVE EXPENSE (Line 10 -I- Line 15) 17. ADMINISTRATIVE EXI>ENSE PERCENT (Line 16 divided by Line I) o o o o o % Y!('1{ (C~~'J:';EXCEED lS%'O~CSBG . . ... ,~".'.,;ALLOCATION)'; GRANTEE PROGRAM EXPENSE: 18. Salaries including fringe. 19. Rent and Utilities 20. Travel 2 I. Other 22. SUBTOTAL ( Lines 18 through 21) SUBGRANTEE PROGRAM EXPENSE: 23. Salaries including fringe 24. Rent and Utilities 14 862.00 2 973.00 14,862.00 2.973.00 o o 17 835.00 17,835.00 25. Travel 26. Other 27. SUBTOTAL (Line 23 through 26) 28. TOTAL PROGRAM EXPENSE (Line 22 -I- Line 27) 29. SECONDARY ADMINISTRATIVE EXPENSE 14,862.00 2,973.00 o 17 ,835.00 30. GRAND TOTAL EXPENSE: (Line 16 -I- Line 28 -I- Line 29) 14,862.00 2,973.00 o 17,835.00 ATTACHMENT A Page ~or~_ BUDGET DETAIL PAGE CITY OF MIAMI BEACH NAME OF GRANTEE: LINE EXPENDITURE DETAIL DOLLARS CHARGED TO CSHG ITEM Round up line item totals to dollars. NO. Do not use cents and decimals in totals. CSBG CASH" IN-KIND~' (SEE INSTRUCTIONS FOR BUDGET DETAIL FORl\lATl fUNDS 1\'1/\ 1'C II 1'\'1/\1'CII ,SHe.; rUNU~ 1)( )( :lll\nl-l\.l' A IIUN i 6)240 X $2.3817 = $14,862 $14,862 UNIT = 1 DAY OF SERVICE COST PER UNIT = $2.3817 6240 UNITS NEEDED 21 120 SERVICE DAYS X 52 CLIENTS PER DAY = 6240 UNITS OF SERVICE PER YEAR. 6240 UNITS OF SERVICE AT 2.3817 PER HOUR = $14,862. INSTRUCTION, SUPPORTIVE SERVICES AND TRANSPORTATION FOR 52 CLIENTS @120 SERVICE DA YS/YEAR. MONTH SERVICE DAYS APR 20 MAY 22 JUN 20 JUL 20 AUG 18 SEP 20 TOTAL 120 / I / CASH MATCH DOCUMENTATION 21 PRO-RATA FRINGE BENEFITS FOR INSTRUCTOI / $2,973(Rc unded up) EMPLOYMENT SPECIALIST AND PROGRAM ADMINISTRATOR. 120 SERVICE DAYS X 10.4 HOURS PER DAY = 1248 HOURS PER YEAR. 1248 ANNUAL HOURS @2.38 PER HOUR $ 2,973 THE CITY DECLARES AS ITS CASH MATCH A PRO-RATA PORTION OF FRINGE BENEFITS PAY TO EMPLOYEES. THE MATCH IS CALCULATED 3Y TAKING ANNUAL SERVICE DAYS AND HOURS P R DAY TO COMPUTE AN ANNUAL NUMBER OF SE RVICE HOURS. THESE ANNUAL HOURS ARE THEN MUL TIPLlED BY A PRO-RATA HOURLY RATE TO I ARRIVE AT THE 20% CASH MATCH REQUIRED. I 011 ~I :J ~ ::l ::... ./ '- z. "'. ...J < ./ ..... '- u '- C'J C - a .- a '- E ~ f- a (Il u Z >.. (Il u Il) 0. W c :-2 ::J ~ il) > -0 of) a w <<:l .... -0 f- .... 0. a -< ::J > a...!:: ca f- >.. .~ (/) C .J:: Z 3 ~ 0 (Il E ::- ::J a f- <<:l ~ >.. .... <( of) ::J 3 u 0 E '- a -J 0. 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CIl ..., I~ 0 C'\ .... ~ +:; N - 0 +:; 0 c:: ::s _. .... CIl o ., ~ ::I ..... (1) (1) n -l -< o " :;: )> :;: OJ m )> () ::c > Ul ...., ...., ~ > I'D (') ., ~ /") ::c I'D ~ 0 ::s ., .... trJ '" t"" Z "0 ;- 0 ...., /") ::s ~ > r:J}0 I:: 0 S -< S t';) ., ll) ::s ~ S ~I'D ~ a '"C (J(:l r:J} t:.l ao t';) ::r (1) ~ 1Cl:> ., I'D 0 ....., IU) ATTACHMENT A Page 1- of ---1 NOT APPLICABLE SUBGRANTEE BUDGET SUMMARY (Each sub grantee must complete this page. Omit this page if there is no subgrantee) NAME OF GRANTEE: NAME OF SUBGRANTEE: MAILING ADDRESS OF SUBGRANTEE: ,FL ZIP CODE CaNT ACT PERSON: TITLE: TELEPHONE: ( ) NOTE: The following line items (11-15 and 23-27) must correspond to the BUDGET SUMMARY of the APPLICANT. If there is more than one subgrantee, it is the applicant's responsibility to ensure that the total of all subgrantee budgets add correctly. THIS FORM REQUIRES ORIGINAL SIGNATURES. CSBG FUNDED PROGRAMS ONLY EXPENSE CATEGORY (1) CSBG FUNDS (2) CASH MATCH (3) IN-KIND MATCH (4) TOTAL 11. Salaries including fringe 12. Rent and Utilities ',', 13. Travel 14. Other. 15. SUBTOTAL (Lines 11 through 14) ~:: .." ':~:t;:~'-.. ','>i;:<(;'{:~::i'.;">i:::; :,.\ >::U7~)(",";:::'::',:}::.t<,,,~y,./ -'!.:iV:;qVkAY)~c,i!,"~<:'.~l)<;.\jcj:'iit/\i:$::;,;::: .. ':_./",; fi..SUB. 9.. RAN. TEEPRq.OIQ;.l~'f:.i:r~XPE...N........S...E...:.'.:.;( ........ .... '. ,"" .. ;, ~:::'".:"":" "C"" ," ',,:-' x'.. ',' "-0- '.' .".,.,', \,_, '" .,,_,:.,',:. "".:"~:)\~<")'~':_.F::i>"~'~""'j'i?_ :,',:..., :,,', -:'.:':",i:}.::,.;;. ,." .' :', .. 23. Salaries including fringe 24. Rent and Utilities 25. Travel. 26. Other 27 . SUBTOTAL (Lines 23 through 26) TOTAL EXPENSE (Lines 15 + 27) The subgrantee certifies that the data included in the Subgrantee Budget and the Subgrantee Work Plan are true and correct. The subgrantee agrees to comply with all rules and regulations relating to the Community Services Block Grant and understands that this budget and work plan will become a part of the Agreement between the Grantee and the Department of Community Affairs. Approved by: (President of the Board) Signature Date Attested by: Name Signature Date CSBG A TT ACHMENT B (Page I of 2) INCORPORATION OF LA WS, RULES AND REGULATIONS AND POLICIES PROGRAM INCOME MODIFICA TIONS MA Tell REQUIREMENTS CSBG CLIENT ELlGfBILlTY AND CLIENT RECORDS OTHER PROVISIONS (I) INCORPORATION OF LA WS, RULES AND REGULATIONS AND POLICIES Both the grantee and the depmiment shall be governed by applicable laws and local rules, including, but not limited to: The Omnibus Budget Reconciliation Act of 1981 (P.L. 97-35, as amended), Rule Chapter 9B-22, Florida Administrative Code, and 45 c.r:. R. Part 96. (2) PROGRAM INCOME (a) Except as provided for advance payments in paragraph (16) c above, the grantee may temporarily invest grant funds in an insured interest bearing account, but any interest income shall be returned to the department at the time of submission of the final close- out report. (b) Grantee may apply program income, excluding interest income, to meet matching requirements, or may reprogram it for eligible program activities in accordance with Rule Chapter 9B-22, Florida Administrative Code. The amount of program income and its disposition must be reported to the department at the time of submission of the final close-out report. (3) MOOIrrCA TIONS (a) As provided in Rule 9B-22.009, Fla. Admin. Code, the department or the grantee may request modifications to this agreement. Chang~s in the approved work plan may be made by a grantee only after formal modification to the contract is approved in writing by the department. (b) The department shall not be obligated to reimburse a grantee for outlays in excess of the funded amount of the grant agreement unless and until the department officially approves such expenditures by executing a written modification to the original contractual agreement. (c) All requests for modifications in excess often percent (10%) of the line item or the total budget must be submitted to the department for approval thirty (30) days prior to the anticipated implementation date. The grantee must include a description of the proposed changes \ and their effect upon the approved work plan. Failure to meet this time frame may result in reimbursement delays. (d) Changes within individual budget line items may be made at the discretion of the grantee, without department approval, if the cumulative effect of such changes docs not exceed ten percent (10%) of the line item total, and if the cumulative effect of the number of such changes does not exceed ten percent (10%) of the total approved grant amount, provided that: 10 CSBG ATTACHMENT B (Page 2 of 2) item; I. only unobligated funds are transferred from one line item to another line 2. the grantee notifies the department in writing prior to effecting a budget change within the limitations set forth in this section and Rule 9B-22, Fla. Admin. Code and 3. budget changes do not result in overexpenditure of the total approved budget change within the limitations in excess of the administrative expense limits. (4) MA TCH REQUIREMENTS I. !fhe grantee shall match the CSI3G funds identified in (16) (a) by an ~!.amount of at least t\venty percent (20<%) of the funds received. Not less than ten percent (10%) of the match shall he in cash. That is, the grantee shall supply a cash match equal to at least two percent (2%) of the CST3G funds received. In-kind match sources shall absorb the balance ofthc overall minimum twenty percent (20%) requirement. 2. The grantee shall provide as matching funds for services under this agreement the following amount: $ 2,973 Cash $ -0- In-Kind J. List the source(s) \vhere the cash and in-kind match will be obtained: Cash: Ci ty Funds 1r1-Kind: 4. Sources of matching funds and expenditures for all funds under this agreement shall be governed by the CSBG application in Attachment A of this agreement. CSBG funds may not be used in part or in wholc to meet the (2.~o) cash match requirement. (5) CST3G CLIENT EUCInIUTY AND CLIENT RECORDS I. The grantee shall certify each client receiving CST3G funded services as income eligible at 125% or less of the current Office of Management and Budget Poverty Guidelines as required by CSBG law and rule. In order to certify each client, the grantee shall be required to maintain current (less than one year old) source documentation of income eligibility. In the event that the client cannot provide income documentation, the grantee shall require the client to provide a signed certification ot'cligibility to attest to thc client's verbal declaration. This certification mllst specify the reasons that no current documentation could he provided by the client. 2. The grantee will maintain a separate record for each CSBG client which includes at least the following dala: client name, address, sex, race, age, income amount and method ot'verification, dale client wns intervicwcd, services performed for the client and documentation of any denial of client services. J. Grantees are requircd to have written client appeal procedures for any client denied services lIsing CST3G funds. I 4. Client records and all CSI3G relatee! documentation are to he made available fl)r pubic inspection during normal business hours upon rcqucst. 6) OTlfEILP_ROVISIQt1S All records, correspondence, employee time sheets, board minutes, board meeting notices and other documents related to CSnG funded activities shall be available for public inspection during normal husiness hours. 1 1 A TT ACHMENT C Property Management and Procurement and Recordkeeping Grantee shall comply with property management standards for non-expendable property equivalent, at a minimum, to OMB Circular A-I 02, Attachment N, or OMB Circular A-II 0, Attachment N and the awarding federal agency's "Common Rule." 1 ? CSBG ATTACHMENT D FEDERAL LOBBYING CERTIFICATION (I) No Federal appropriated funds have been paid or \vill be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any state or federal agency, a Member of Congress, an officer or employee of Congress, or an 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, 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 an 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 subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. (42 'This certification is a material representative of fact upon which reliance was placed when th'is transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (Signature) MAYOR (Title) ATTEST: j26 kr r~~ Robert Parcher, City Clerk APPROVED AS TO FORM & lANGUAGE & FOREXECUTlON ~ ~'V/~7 Date -$... 13 CSBG A TT ACHMENT E COPYRIGHT, PATENT AND TRADEMARK (1) If the grantee brings to the performance of this agreement a pre-existing patent or copyright, the grantee shall retain all rights and entitlemcnts to that prc-c:\:isting patent or copyright unless the agreement provides otherwise. (2) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this agreement, or in any way connected herewith, the grantee shall refer the discovery or invention to the department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights . accruing under or in connection with the performance of this agreement are hereby reserved to the State of Florida. In the event that any books, manuals, ti Ims, or other copyrightable material are produced, the grantee shall notify the department. Any and all copyrights accruing or in connection with the performance under this agreement are hereby reserved to the State of Florida. (3) Within thirty (30) days of execution of this agreement, the grantee shall disclose all intellectual properties relevant to the performance of this agrecmcnt which he or she knows or should know could give rise to a patent or copyright. The grantee shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The department shall then, under Paragraph (b), have the right to all patents Clnd copyrights which occur during performance of the agreement. 14 A TT ACHMENT F ADVANCE JUSTIFICATION [ ] Advance Justification #1: If the grantee is basically providing the same services at the same cost as last year's contract, use the actual expenditures from last year as the basis for the projected expense. No advance can exceed 50% of the 5% Share allocation. If the workplan, subgrantee or funding amount has changed, complete Advance Justification #2. Prior History of Prior 1 st Month Prior 2nd Month Prior 3rd Month Expenditures [ ] Advance Justification #2: If the grantee is a new applicant, or if the funding amount, workplan, or subgrantee has changed, complete the following three-month projection for the grant funds portion of the budget only. The advance cannot exceed 50% of the contract amount. [v{" NO ADVANCE REOUIRED EXPENSE CATEGORY PROJECTED EXPENSES 1 st Month 2nd Month 3rd Month Total GRANTEE ADMINISTRATIVE EXPENSES: 6. Salaries including fringe................................ 7. Rent and Utilities.............. ............................. 8. Travel........................................................... . 9. Other............................................................. . 10. SUB TOT AL (Lines 6 through 9).............. SUBGRANTEE ADMINISTRATIVE EXPENSES: 11. Salaries including fringe...... ............ ........ 12. Rent and Utilities.... ................ .......... .......... 13. Travel........................................................ . 14. Other........................................................... . 15. SUBTOTAL (Lines 11 through 14)............... 16. TOTAL ADMINISTRATIVE EXPENSE (Line 1 0 + Line 15).................................... . 17. ADMINISTRATIVE EXPENSE PERCENT GRANTEE PROGRAM EXPENSE: 18. Salaries including fringe.. ............. .............. 19. Rent and Utilities............................. ............... 20. TraveL............................................... ............. 21. Other............................................................. . 22. SUBTOTAL ( Lines 18 through 21 )............. SUBGRANTEE PROGRAM EXPENSE: 23. Salaries including fringe................ ............... 24. Rent and Utilities.......................................... 25. TraveL.......................................................... . 26. Other.......................................................... . 27. SUB TOT AL (Line 23 through 26)............... 28. TOTAL PROGRAM EXPENSE (Line 22 + 27)......... 29. SECONDARY ADMINISTRATIVE EXPENSES 'i';"" "':,e'!). .'..:r;;1:;.i"..... .; "/ .' 30. GRAND TOTAL EXPENSE: (Line 16 + 28 + 29) ~ .- CSBG A IT ACHMENT G STATEMENT OF ASSURANCES (Page 1 of 2) 1. Interest of Certain Federal Officials. No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this agreement or to any benefit to arise from the same. 2. Interest of Members. Officers. or Employees of Recipient Members of Local Governing Body. or Other Public Officials. No member, officer, or employee of the grantee, or its delegates or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this agreement The grantee shall incorporate or cause to be incorporated in all such agreements, a provision prohibiting such interest pursuant to the purposes of this subsection. No board member, officer or employee will be permitted to receive any remuneration or gift in any amount Board members may receive travel expenses in accordance with s. 112.9061, Fla. Stat 3. Nepotism. The grantee agrees to abide by the provisions of s. 122.3125, Fla. Stat, pertaining to nepotism in their performance under this agreement. 4. CSBG Assurances. The grantee hereby assures and certifies as a condition of receipt of Community Services Block Grant funds, that it and its sub grantees will comply with the applicable requirements of Federal and State laws, rules, regulations, and guidelines. As part of its acceptance and use of CSBG funds, the grantee assures and certifies that: (a) The grantee possesses the legal authority to apply for the grant, and that the contract proposal has been approved by the grantee's governing body, including all assurances contained herein. (b) The grantee will use all CSBG funds to provide a range of services and activities having measurable and potentially major impact on causes of poverty in the community where poverty is a particularly acute problem. Funds not used during the contract period will be returned to the Department of Community Affairs with the closeout report on or before the due date. Reprogramming of deobligated funds will be at the discretion of the department (c) The grantee will provide for coordination among antipoverty programs in each community and, where appropriate, with emergency energy crisis intervention programs under Title XXVI of the Low-Income Home Energy Assistance Act conducted in each community. (d) The grantee possesses the sound fiscal controls and fund accounting procedures necessary to adequately safeguard the assets of the agency, check the accuracy and reliability of accounting data, promote operating efficiency and maintain compliance with prescribed management policies of the agency. (e) The grantee will permit and cooperate with Federal and State investigations designed to evaluate compliance with the law. (f) The grantee will give the department, the Auditor General or any authorized representatives, complete access to examine all records, books, papers or documents related to all fiscal and program operations of the grant, including those of any subgrantee. (g) The grantee will comply with non-discrimination provisions, in accordance with Florida Statutes; section 677 ofP.L. 97-35; Titles VI and VII of the Civil Rights Act of 1964; and 45 C.F.R. Parts 84, 86 and 90. (h) The grantee will comply with the match requirements of this agreement and maintain verification of type and source. 16 CSBG A IT ACHMENT G STATEMENT OF ASSURANCES (Page 2 of 2) (i) The grantee will comply with section 680 of Public Law 97-35 (42 U.S.c. ss. 9909). As amended, which prohibits use of CSBG funds for purchase or improvement of land, or the purchase, construction, or permanent improvement (other than low-cost residential weatherization or other energy related home repairs) of any building or other facility. G) The grantee will comply with Rule Chapter 9B-22, Fla. Admin.Code, which provides that CSBG administrative expenses shall not exceed fifteen percent (15%) of the total final CSBG expenditures (match excluded) at close-out. Any amount in excess of this limit shall be refunded to the department at time of contract closeout. (k) If the grantee administers a transportation program, it will comply with Chapter 427, Fla. Stat., so that it will coordinate with the appropriate transportation providers(s). (1) If requesting Secondary Administrative Expenses, the grantee will provide substantial documentation that these expenses are justified and support eligible CSBG activities. (m) The grantee will purchase a blanket fidelity bond covering all employees, officers or other persons holding a position of trust. Individual bonds apart from the blanket bond are not acceptable. The amount of the bond must be no less than one-half of the total CSBG grant. (n) The CSBG application and all its attachments, includinSSg budget data, are true and correct. (0) The grantee will prohibit any political activities in accordance with subsection (e) of Section 675 (c) (6) of Public Law 97-35 [42 U.S. ss. 9909 (c)(6)]. (P) This agreement has been approved by the grantee's governing body by official action, and the officer who signs it is duly authorized to sign this agreement. 17 CSBG A IT ACHMENT H SPECIAL CONDITIONS (a) The grantee and its sub grantees shall comply with the following special conditions: NONE (b) Failure of the grantee or its subgrantees to comply with the special conditions under this agreement shall be cause for the immediate suspension of payments, and may be cause for the immediate termination of this agreement. 18