HomeMy WebLinkAbout2000-24014 RESO
RESOLUTION NO.
2000-24014
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AGREEMENTS NECESSARY TO IMPLEMENT THE COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) AND EMERGENCY SHELTER GRANTS
(ESG) ACTIVITIES, WHICH WERE APPROVED AS PART OF THE ONE-YEAR
ACTION PLAN FOR FEDERAL FUNDS FOR FISCAL YEAR 2000/2001 AS
FOLLOWS: TWENTY-EIGHT (28) CDBG SUB-RECIPIENT AGREEMENTS, FIVE (5)
CDBG INTERDEPARTMENTAL COOPERATION AGREEMENTS; ONE (1) ESG
INTERDEPARTMENTAL COOPERATION AGREEMENT; AND THREE (3) ESG
SUB-RECIPIENT AGREEMENTS; AND AUTHORIZING THE ADMINISTRATION
AND THE OFFICE OF THE CITY ATTORNEY TO MAKE MINOR NON-
SUBSTANTIVE CHANGES TO SAID AGREEMENTS BEFORE EXECUTION.
WHEREAS, the City anticipates it will receive a total of $4,340,000 in federal grants from
HUD for FY 2000/2001, as follows: $2,770,000 in Community Development Block Grant (CDBG)
funds; $1,472,000 in HOME InvestInent Partnerships Program funds; and $98,000 in Emergency
Shelter Grants (ESG) funds; and
WHEREAS, on July 12, 2000, the Mayor and City Commission adopted Resolution No.
2000-23997, approving the One-Year Action Plan for federal funds, which lists the Fiscal Year
2000/200 I budget allocations for the programs and activities to be undertaken with funds from the
Community Development Block Grant Program (CDBG), the HOME Investment Partnerships
(HOME) Program and the Emergency Shelter Grants (ESG) Program; and
WHEREAS, the program year for these grants commences October I, 2000, and continues
through September 30, 2001, and in order to implement the various projects and activities, and
maintain the existing level of services, it is necessary to prepare and execute contractual agreements
for each of the subrecipients listed in the One Year Action Plan (please refer to the synopsis of
activities attached as Exhibit A); and
WHEREAS, the preparation and execution of the attached contractual agreements is a
standard administrative procedure, contingent upon the receipt of these federal funds.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Clerk
are hereby authorized to execute Agreements necessary to implement the Community Development
Block Grant (CDBG) and Emergency Shelter Grants (ESG) activities, which were approved as part of
the One-Year Action Plan for Federal Funds for Fiscal Year 2000/2001 as follows: Twenty-Eight (28)
CDBG Sub-Recipient Agreements, Five (5) CDBG Interdepartmental Cooperation Agreements; One
(I) ESG Interdepartmental Cooperation Agreement; and Three (3) ESG Sub-Recipient Agreements.
PASSED AND ADOPTED THIS 26th day of July of 20011/ !
AT~~ST: I, MAYOR
~r~
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOREXECUnON
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139
http:\\ci.miami-beach.fl.us
COMMISSION MEMORANDUM NO. 5<13-00
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
DATE: July 26, 2000
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AGREEMENTS NECESSARY TO
IMPLEMENT THE COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) AND EMERGENCY SHELTER GRANTS (ESG) ACTIVITIES,
WHICH WERE APPROVED AS PART OF THE ONE-YEAR ACTION PLAN
FOR FEDERAL FUNDS FOR FISCAL YEAR 2000/2001 AS FOLLOWS:
TWENTY-EIGHT (28) CDBG SUB-RECIPIENT AGREEMENTS, FIVE (5)
CDBG INTERDEPARTMENTAL COOPERATION AGREEMENTS; ONE (1)
ESG INTERDEPARTMENTAL COOPERATION AGREEMENT; AND
THREE (3) ESG SUB-RECIPIENT AGREEMENTS, AND AUTHORIZING
THE ADMINISTRATION AND THE OFFICE OF THE CITY ATTORNEY
TO MAKE MINOR NON-SUBSTANTIVE CHANGES TO SAID
AGREEMENTS BEFORE EXECUTION.
FROM:
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The City of Miami Beach anticipates it will receive a total of $4,340,000 in federal grants from HUD
for FY 2000/2001, as follows: $2,770,000 in Community Development Block Grant (CDBG) funds,
$1,472,000 in HOME Investment Partnerships Program funds, and $98,000 in Emergency Shelter
Grants (ESG) funds.
On July 12, 2000, the Mayor and City Commission adopted Resolution No. 2000-23997, which
approved the One-Year Action Plan for federal funds. This Plan lists the Fiscal Year 2000/2001
budget allocations for the programs and activities to be undertaken with the Community
Development Block Grant (CDBG) Program, the HOME InvestInent Partnerships Program, and the
Emergency Shelter Grants (ESG) Program. The program year for these grants commences October
I, 2000, and continues through September 30, 200 I. In order to implement the various projects and
Agenda Item C/O
Date .=r 2b ~c::::P
COMMISSION MEMORANDUM
JULY 26, 2000
PAGE 2
activities, and maintain the existing level of services, it is now necessary to prepare and execute
contractual agreements for each of the subrecipients listed in the One Year Action Plan. (Please
refer to the synopsis attached as Exhibit A.) It lists the subrecipients the City Commission approved
for CDBG and ESG funding on July 12,2000 and provides additional detail on each project or
activity.
The preparation and execution of the attached contractual agreements is a standard administrative
procedure as follows: (1) The City receives and executes the Fiscal Year 2000/2001 "Grant
AgreementlFunding Approval Form" from the U.S. Department of Housing and Urban Development
(HUD) for the period covering October 1,2000 to September 30, 2001; (2) HUD increases the City's
Letter of Credit by the respective amount; (3) The Administration presents sub-recipient agreements
and interdepartmental cooperation agreements to the Mayor and City Commission for approval,
contingent upon the receipt of these federal funds. (Please refer to the draft boilerplate contracts
attached as Exhibit B.)
To maintain and implement new activities effective October 1,2000, it is recommended that the
Resolution and form agreements be approved at this commission meeting.
The Administration recommends that the Mayor and City Commission adopt the attached resolution
and three form agreements necessary to implement twenty-eight (28) CDBG sub-recipient
agreements, five (5) interdepartmental cooperation agreements, three (3) ESG sub-recipient
agreements and one (1) ESG interdepartmental cooperation agreements.
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EXHIBIT A
JULY 26, 2000
SYNOPSIS OF FUNDED ACTIVITIES
PAGEl
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ACTIVITIES -Twenty-eight (28)
sub-recipient agreements, and five (5) Interdepartmental Cooperation Agreements, as follows:
.:. ArtCenter South Florida - Artist Micro-Enterprise Services: ArtCenter Operations and
Management - $125,000 - An incubator for local arts micro-enterprises for low to moderate income
artists. ArtCenter South Florida creates and retains a significant number of jobs in the arts, and
provides vocational development for Miami Beach's large low-income artist population. ArtCenter
provides affordable subsidized studio, teaching and showroom space to income-eligible artists. In
addition, this activity will retain approximately $100,000 in anticipated program income.
.:. ASPIRA of Florida, Inc. - Youth Leadership Development/Outreach Program - $24,000 - To
provide one-on-one counseling and hold club meetings/group activities for "educationally at-risk"
youth for drop-out prevention, youth gang intervention, and leadership development. Services will be
provided to youth at Miami Beach Senior High School and Nautilus Middle School, and high school
dropouts and/or idle youth at the ASPIRA South Beach Outreach Club at the South Shore
Community Center.
.:. Barry University School of Social Work Academy for Better Communities - Miami Beach
Social Services Unit - $15,000 - To provide group, individual, and family counseling to children and
their families from Biscayne Elementary School, Nautilus Middle School and Miami Beach Senior
High School. Services include a literacy group, groups to help youth make the transition to senior
high and adulthood, family counseling, and individual and crisis counseling whenever necessary.
.:. Boys & Girls Clubs Of Miami, Inc. - Miami Beach Juvenile Program - $50,000 - To provide a
"no charge" after-school program to youth ranging in ages from 5 to 16. The programs include
components such as homework assistance, educational field trips, athletic field trips, sports, awards
banquets, sports uniforms, trophies, league activities, and recreational activities both indoor and
outdoor.
.:. City of Miami Beach Community/Economic Development Department - Planned Repayment of
Section 108 Principal - $200,000 - To repay the principal balance of a Section 108 loan in the
amount of $4,000,000. To implement a comprehensive streetscape improvement program in the North
Beach area, including Normandy Isle; and to complete construction of the North Shore Youth Center
as part of a neighborhood revitalization strategy.
.:. City of Miami Beach Multi-Family Housing Rehabilitation Program - $300,000 - To provide
decent, safe and sanitary housing through matching grants or other financial inducements to
rehabilitate multi-unit buildings, upgrade the existing housing stock, and provide affordable housing
opportunities.
.:. City of Miami Beach Office of Children's Affairs - Neighborhoods First - $2,000 - To provide
emergency food assistance for families residing in the North Beach target areas.
.:. City of Miami Beach Parks and Recreation Department - North Beach Youth Services - $35,000
- To provide quality year round recreational programs after-school and throughout the summer to
income-eligible Miami Beach resident children at the following parks: Tatum, North Shore, Fairway
and Normandy Isle Parks.
EXHIBIT A
JULY 26, 2000
SYNOPSIS OF FUNDED ACTIVITIES
PAGE 2
.:. City of Miami Beach Police Department - Homeless Assistance Program - $30,000 - To provide
Miami Beach homeless population with case management services and emergency shelter beds.
.:. Community Council for the Jewish Elderly - Miami Beach Senior Center - $15,000 - To provide
adult day care to frail elderly senior citizens in a structured supportive setting with daily activities,
nutritionally balanced meals and therapies that provide or prolong the need for institutionalization.
Transportation provided daily via CCJE Senior Ride or by private arrangement.
.:. Cool School of Dade County, Inc. - Cool School at Fienberg/Fisher - $20,000 - To offer after-
school activities to Fienberg-Fisher students and Cool School alumni between the hours of 3:00 p.m.
and 6:30 p.m. Services will include homework assistance and remediation, as needed, socialization
services for children and families, gang prevention, recreational and cultural activities.
.:. FienberglFisher Adult & Community Education Center - Child Care Scholarships - $18,000 -
To provide income eligible Miami Beach parents who are receiving vocational training with child-
care scholarships.
.:. Food for Life Network - Home-Delivered Meals - $25,000 - To provide weekly, home-delivered
meals to income-eligible homebound AIDS patients in Miami Beach.
.:. Housing Opportunities Project for Excellence, Inc. (H.O.P.E., Inc.) - Fair Housing Education
Program - $7,500 - To fund a set-aside for H.O.P.E., Inc. to provide a Fair Housing Education
Program. This activity will be funded through a line item in the CDBG Administration budget and
will be supplemented with a $7,500 set-aside of HOME Program Funds.
.:. Jewish Vocational Service - Senior Meals on Wheels Program- $15,000 - To partially fund drivers
to deliver meals to homebound elderly participants residing in eligible target areas.
.:. Little Havana Activities and Nutrition Centers of Dade County, Inc. - Miami Beach Elderly
Meals Program - $50,000 - To provide nutritionally balanced meals daily to Miami Beach elderly
clients in a familiar surrounding where they can have access to other services provided by Little
Havana Activities and Nutrition Centers of Dade County. The meals program will be provided at two
congregate meal sites: 533 Collins Avenue and 8638 Harding Avenue.
.:. Little Havana Activities and Nutrition Centers of Dade, Inc. - Playground Repair - $30,000 - To
provide for the repair of the playground surface at the South Shore Community Center where
Rainbow Intergenerational Child Care operates. Activities will include the construction of an
additional concrete slab and the installation of a "safety surface."
.:. Little Havana Activities and Nutrition Centers of Dade County, Inc. - Rainbow
Intergenerational Child Care - $50,000 - To provide affordable preschool day care for Miami
Beach children who are income-eligible. Miami Beach senior citizens will be trained to be day care
workers at the day care facility.
.:. Log Cabin Enterprises, Inc. - Log Cabin Plant Nursery - $110,000 - To provide funding for a
nursery business program that creates and/or retains jobs for developmentally disabled adults. In
addition, this activity will retain approximately $85,867 in anticipated program income.
EXHIBIT A
JULY 26, 2000
SYNOPSIS OF FUNDED ACTIVITIES
PAGE 3
.:. Miami Beach Child Care Center - St. John's Child Care Center - $15,000 - To provide reduced-
fee child care scholarships to children of income-eligible families.
.:. Miami Beach Community Development Corporation - Preservation and Rehabilitation -
$190,368 - To provide property rehabilitation matching grants for improvements to commercial
buildings and Property Development Matching Grants for non-profit organizations.
.:. Miami Beach Community Development Corporation - Scattered Site Home Ownership
Assistance Program - $160,000 - To provide scattered site home ownership opportunities to eligible
first-time homebuyers in Miami Beach. The activity is expected to generate an additional $160,000 in
program income.
.:. Miami Beach Community Development Corporation - Housing Counseling - $40,000 - To
provide housing counseling to participants in the HOME-funded homebuyer program.
.:. Miami Beach Community Development Corporation - Multi-Family Housing Program -
$125,000 - To provide operational funds to acquire, rehabilitate and manage rental units targeted to
income-eligible persons.
.:. North Beach Development Corporation - North Beach Facade Renovation Program - $325,000 -
To provide matching grants to property and business owners in the designated CDBG target areas in
order to rehabilitate commercial buildings and encourage economic revitalization.
.:. R.A.I.N. Parent,s, Inc. - Family Network Services: Emergency Assistance - $15,000 - To provide
vouchers for emergency food, medical, housing and child care assistance for families with children
residing in Miami Beach who have received eviction notices or who are already homeless, with peer
counseling for assisting parents in making positive life changes towards self-sufficiency.
.:. The Shelbourne Apartment Building - Shelbourne House - $15,119 - To provide supportive
services in a secure and healthy environment to individuals living with AIDS who choose to live
independently.
.:. South Beach AIDS Project - $20,000 - To provide up-to-date mY/AIDS information about mv
prevention, use of services, medical treatInent and assistance with re-entering the work force.
.:. South Shore Hospital and Medical Center - Community AIDS Program HIV Testing &
Counseling Project - $17,000 - To provide free, confidential mv testing with pre- and post-test
counseling to unduplicated low and moderate income Miami Beach residents.
.:. Stanley C. Myers Community Health Center - Beverly Press Satellite Center - $45,000 - To offer
a full range of preventive, diagnostic and treatInent services to persons of all ages, races, ethnicity and
genders at a North Beach satellite.
.:. Stanley C. Myers Community Health Center - Children of the World School-Based Health Care
- $25,000 - To provide health care services to children at Fienberg-Fisher Elementary School.
.:. UNlDAD of Miami Beach, Inc. - Community Kitchen - $10,000 - To build a full operational
kitchen from where box lunches will be distributed to low-income displaced elderly at the Miami
Beach Hispanic Community Center.
EXHIBIT A
JULY 26, 2000
SYNOPSIS OF FUNDED ACTIVITIES
PAGE 4
.:. UNIDAD, Inc. - Project Link - $29,000 - To provide information and referral services, employment
activities and bilingual assistance to income-eligible Miami Beach residents at the Miami Beach
Hispanic Community Center.
EMERGENCY SHELTER GRANTS PROGRAM ACTIVITIES - Three (3) ESG Sub-Recipient
Agreements and one (I) ESG Interdepartmental Agreement:
.:. City of Miami Beach Office of Children's AtTairs - Neighborhoods First Citizen's
Empowerment Center - $10,359 - To provide neighborhood-based emergency assistance, including
emergency renVutility payments, door-to-door outreach and community workshops, and to maintain a
Citizen's Empowerment Center at Biscayne Elementary School.
.:. Douglas Gardens Community Mental Health Center - Outreach and Emergency Placement
Services - $67,616 - To provide mobile outreach and case management services to the homeless in
Miami Beach, resulting in homeless persons being placed in shelter care. Funds will be used to
partially fund a mobile outreach team, supportive services for the homeless and
emergency/transitional beds.
.:. Housing Authority of the City of Miami Beach - Emergency Rent Supplement Program -
$10,359 - To provide emergency relocation assistance in the form of rental vouchers to low-income
residents of the City of Miami Beach who are facing displacement from their homes and
homelessness due to short term financial difficulties in their household. Program participants must be
disabled, elderly or parents with dependent children and a resident of the City of Miami Beach for a
year prior to being displaced.
.:. R.A.I.N. Parents, Inc. - Family Network Services: Emergency Housing Assistance - $10,359 - To
provide vouchers for emergency housing assistance for families with children residing in Miami
Beach who have received eviction notices or who are already homeless, with peer counseling for
assisting parents in making positive life changes towards self-sufficiency.
DRAFT CDBG BOILERPLATE AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND ...............
This Agreement made and entered into this _ day of , 2000 by and between the
CITY OF MIAMI BEACH, a municipal corporation, hereinafter referred to as "the City", and
PROVIDER NAME, hereinafter referred to as "Provider";
WHEREAS, the City has received a grant from the U.S. DepartInent of Housing and Urban
Development as part of its Community Development Block Grant Program for the period October 1, 2000
to September 30,2001 (hereinafter "the contract period"); and
WHEREAS, the primary objective of the Community Development Block Grant Program is the
development of viable urban communities, including decent housing and a suitable living environment
and expanding economic opportunities principally for persons of low and moderate income; and
WHEREAS, the One-Year Action Plan was adopted by City of Miami Beach Resolution No.
2000-23997 on July 12,2000; and
WHEREAS, the City has determined, through its One-Year Action Plan for Federal Funds for
FY 2000/200 I, the necessity for engaging the Provider to render the following services in Miami Beach:
(collectively, the Program).
NOW, THEREFORE, in consideration of the mutual benefits contained herein, the City and
Provider agree as follows:
1. Agreement Documents: Agreement documents shall consist of this Agreement and four (4)
attachments, all of which are incorporated by reference into this Agreement. Attachment I
contains a description of the service and goals offered by the Provider. Attachment II is a line
item budget. Attachment 1lI outlines financial management procedures for use with Community
Development Block Grant funds. Attachment IV contains applicable federal regulations.
2. Statement of Work: The Provider agrees to implement the Activity in accordance with the
Budget, as described in Attachment I and II.
PROJECT NAME
Citation
Scope
3.
Agreement Amount: The City agrees to make available $
the contract period.
for use by the Provider for
4. Alterations: Any proposed alterations in the work program or the budget shall first be submitted
to and approved in writing by the City, said approval at the City's sole discretion.
5. Reporting Requirements: The Provider agrees to submit monthly program progress reports on
the lOth day of each month to the City during the contract period herein. The Provider also agrees
to submit on September 30, 2001, a comprehensive final report covering the agreed-upon
objectives, activities, and expenditures for the entire contract period. Such shall include
performance data on client feedback, with respect to the goals and objectives outlined in
Attachment I.
6. Monitoring: The City shall schedule no less than one (1) monitoring visit with the Provider to
evaluate the progress and performance of the program and provide technical assistance.
7. City Residents Only: The Provider agrees that Community Development Block Grant funds
shall only be used to provide services to residents of the City of Miami Beach.
8. Subcontract: No part of this Agreement may be assigned or subcontracted without the prior
written consent of the City, such consent to be at the City's sole discretion.
9. Term: This Agreement shall remain in effect through the contract period with the understanding
that at the end ofthe fiscal year the City of Miami Beach City Commission has the authority to
reappropriate any remaining funds.
10. Termination of Agreement: The City and the Provider agree that 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, in
its sole discretion, determines that the remaining portion of the Agreement will not accomplish
the purposes of such Agreement, the City may terminate same in its entirety, in the manner
provided in this section.
Notwithstanding the preceding paragraph, 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. "Cause"
shall include, but not be limited to, the following:
a. Failure to comply and/or perform in a material way, as same shall be determined by the
City in its sole discretion, in accordance with the terms of this Agreement, or any Federal,
State, County or City of Miami Beach statute or regulation.
b. Submitting reports to the City, which are late, incorrect or incomplete in any material
respect.
c. Implementation of this Agreement, for any reason, is rendered impossible or infeasible.
d. Failure to respond in writing to any concerns raised by the City, including substantiating
documents when required/requested by the City.
e. Any evidence of fraud, mismanagement, and/or waste, as determined by the City's
monitoring of the sub-recipient, and applicable HUD rules and regulations.
The City shall notify the Provider in writing when the Provider has been placed in default. Such
notification shall include: (i) actions taken by or to be taken by the City, such as withholding of
payments; (ii) actions to be taken by the Provider as a condition precedent to clearing the
deficiency; and (iii) a reasonable date for compliance, which shall be no more than fifteen (15)
days from notification date. In the event that Provider fails to correct such deficiency within the
forestated period, and following such notice from the City, this Agreement shall be terminated by
the City, without further notice to Provider.
In the event of curtailment of, or regulatory constraints placed on, the funds by HUD, this
Agreement will terminate effective as of the time that it is determined such funds are no longer
available. 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, in the sole
discretion of the City:
2
a. 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
b. The costs would be allowable if the award were not suspended or expired normally at the
end of the funding period in which the termination takes effect.
In the event of termination of the Agreement, at its sole discretion, the City may require Provider
to transfer any CDBG assets to the City pursuant to Section III herein.
11. Equal Employment Opportunities: The Provider shall comply with equal employment
opportunities as stated in Executive Order] ] 246, entitled "Equal Employment Opportunity" as
amended Executive Order] 1375, and as supplemented in Department of Labor regulations.
12. Program Income: Any "Program Income" (as such term is defined under applicable federal
regulations) gained from any activity of the Provider, funded by CDBG funds shall be reported to
the City and utilized by the Provider in the operation of the CDBG-funded activity during the
contract period.
13. Religious Organization or Owned Property: CDBG funds may be used by religious
organizations or on property owned by religious organizations only with prior written approval
from the City and only in accordance with requirements set in 24 CFR ~570.200(j).
14. Reversion of Assets: In the event of a termination of this Agreement pursuant to Section ]0
herein, or upon expiration of the Agreement, the Provider shall transfer to the City any CDBG
funds on hand at the time of termination or expiration and any account receivable attributable to
the use of CDBG funds. Any real property under the Provider's control that was acquired or
improved in whole or in part with CDBG funds (including CDBG funds provided to the Provider
in the form of a loan) in excess of $25,000 must either:
a. Be used to meet one of the national objectives in 24 CFR 570.208 (formerly section
570.901) until five years after expiration of the Agreement, or for such longer period of
time as determined to be appropriate by the City; or
b. If not used in accordance with the above paragraph a, 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-CDBG funds for the acquisition of, or improvement
to, the property. No payment is required after the period of time specified in this section.
15. Conformity to BUD regulations: The Provider agrees to abide by guidelines set forth by the
U.S. Department of Housing and Urban Development for the administration and implementation
ofthe Community Development Block Grant Program, including applicable Uniform
Administrative Requirements set forth in 24 CFR 570.502, and applicable federal laws and
regulations in 24 CFR 570.600, et seq. In this regard, the Provider agrees that duly authorized
representatives of the U.S. Department of Housing and Urban Development shall have access to
any books, documents, papers and records of the Provider that are directly pertinent to this
Agreement for the purpose of making audits, examinations, excerpts and transcriptions.
16. Examination of Records: The Provider shall maintain sufficient records in accordance with 24
CFR 570.502 and 570.506 to determine compliance with the requirements of this Agreement, the
Community Development Block Grant Program, and all applicable laws and regulations. This
documentation shall include, but not be limited to, the following:
a. Books, records and documents in accordance with generally accepted accounting
principles, procedures and practices, which sufficiently and properly reflect all revenues
3
and expenditures offunds provided directly or indirectly by this Agreement, including
matching funds and program income. These records shall be maintained to the extent of
such detail as will properly reflect all net costs, direct and indirect labor, materials,
equipment, supplies and services, and other costs and expenses of whatever nature for
which reimbursement is claimed under the provisions of this Agreement.
b. Time sheets for split-funded employees, which work on more than one activity, in order
to record the CDBG activity delivery cost by Program and the non-CDBG related
charges.
c. How the Statutory National Objective(s) as defined in 24 CFR 570.208 and the eligibility
requirement(s) under which funding has been received, have been met. These also
include special requirements such as necessary and appropriate determinations as defined
in 24 CFR 570.209, income certifications, and written Agreements with beneficiaries,
where applicable.
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 four (4)
years after expiration of this Agreement, with the following exception: if any litigation, claim or
audit is started before the expiration date of the four 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 closeout of this Agreement, of the address where the records are to be
kept.
17. Audits and Inspections: At any time during normal business hours, and as often as City and/or
Federal Government representatives may deem necessary, the Provider shall make available all
records, documentation, and any other data relating to all matters covered by the Agreement for
review, inspection or audit.
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-B3, "Audits ofInstitutions 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), as applicable. If this Agreement is closed-out prior to the receipt of
an audit report, the City reserves the right to recover any disallowed costs identified in an audit
after such closeout.
18. IndemnificationlInsurance Requirements: The Provider shall indemnify and hold harmless the
City from any and all claims, liability, losses and causes of action which may arise out of an act,
omission, negligence or misconduct on the part of the Provider or any of its agents, servants,
employees, contractors, patrons, guests, clients, licensees or invitees. The Provider 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 shall not commence any work pursuant to this Agreement until all
insurance required under this Section has been obtained and the City's Risk Manager has
approved such insurance. In the event evidence of such insurance is not forwarded to the City's
Risk 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. The
Provider shall maintain and carry in full force during the term of this Agreement and throughout
the duration of this project the following insurance:
4
a. Provider General Liability Policy with coverage for Bodily Injury and Property Damage,
in the amount of $1 ,000,000 single limit. The policy must include coverage for
contractual liability to cover the above indemnification.
b. The City of Miami Beach shall be named as an additional insured under all such
insurance contracts and City of Miami Beach Resolution No. 2000-23997 shall
referenced in the certificate.
c. Worker's Compensation and Employers Liability, as required pursuant to Florida Statute.
d. 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. Limits for
such coverage shall be in the amount of$500,000.
e. Thirty- (30) day written notice of cancellation or substantial modification of the insurance
coverage must be given to the City's Risk Manager by the Provider and his/her insurance
company.
f. The insurance must be furnished by insurance companies authorized to do business in the
State of Florida, and approved by the City's Risk Manager. The companies must be rated
no less than "B+" as to management, and not less than "Class VI" as to strength by the
latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick,
New Jersey, or its equivalent, subject to the approval of the City's Risk Manager.
g. Original Certificates ofInsurance for the above coverage must be submitted to the City's
Risk Manager for approval prior to any work commencing. These certificates will be
kept on file in the Office of the Risk Manager, Third Floor City Hall.
h. All insurance required by this section ofthe Agreement shall be and remain in full force
and effect for the entire contract period and each certificate or policy shall carry the
provision that the insurance shall not terminate, lapse or otherwise expire, prior to thirty
(30) days written notice to that effect, given by the insurance carrier to the City, and that
the insurance carrier will not invoke the defense of performance of a governmental
function by the Provider in performing this contract.
Compliance with the foregoing requirements shall not relieve the Provider of the liabilities and
obligations under this Section or under any other portion of this Agreement, and the City shall
have the right to obtain from the Provider specimen copies of the insurance policies in the event
that submitted Certificates ofInsurance are inadequate to ascertain compliance with required
coverage. All of Provider's certificates, above, shall contain endorsements providing that written
notice shall be given to the City at least thirty (30) days prior to termination, cancellation or
reduction in coverage of the policy.
19. Conflict of Interest: The Provider covenants that no person under its employ who presently
exercises any functions or responsibilities in connection with Community Development funded
activities has any personal financial interests, direct or indirect, in this Agreement. The Provider
covenants that in the performance of this Agreement, no person having such conflicting interest
shall be employed. The Provider covenants that it will comply with all provisions of 24 CFR
570.611 "Conflict ofInterest", and the Federal, State, County and City of Miami Beach statutes,
regulations, ordinances or resolutions 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.
20. Venue: This Agreement shall be enforceable in Miami-Dade County, Florida, and iflegal action
is necessary by either party with respect to the enforcement of any or all of the terms or
5
conditions herein, exclusive venue for the enforcement ofthe same shall lie in Miami-Dade
County, Florida.
21. 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:
Joanna Revelo, Community Development Director
Community/Economic Development Department
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Provider:
22. 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 $10,000. Provider hereby expresses its willingness to enter into this Agreement with
Provider's recovery from the City for any damage action for breach of contract to be limited to a
maximum amount of $10,000, less the amount of all funds actually paid by the City to Provider
pursuant to this Agreement.
Accordingly, Provider hereby agrees that the City shall not be liable to Provider for damages in
an amount in excess of $10,000, which amount shall be reduced by the amount of the funding
actually paid by the City to Provider pursuant to this Agreement, for any action or claim for
breach of contract arising out of the performance or nonperformance of any obligations imposed
upon the City by this Agreement. Nothing contained in this subparagraph or elsewhere in this
Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as
set forth in Florida Statutes, Section 768.28.
This Agreement shall be binding upon all parties hereto and their respective heirs, executors,
administrators, successors and assigns.
In witness thereof, the parties hereto have executed or caused to be executed by their duly
authorized officials, this Agreement in three (3) copies, each of which shall be deemed an original on the
date first above written.
City of Miami Beach
Provider
Mayor
Authorized Signatory
City Clerk
Typed Name and Title
F;\DDHP\$ALL\L YSSETTE\MYOOCS\CDBG New Boilerplate 2000.doc
6
CDBG AGREEMENT
October 1, 2000 to September 30, 2001
ATTACHMENT I
Statement of Work and Goals
DESCRIPTION OF PROGRAM
PROGRAM GOALS AND MEASURABLE OUTCOMES
1.
2.
3.
4.
5.
6.
SCHEDULE FOR IMPLEMENTATION
Goal 10/2000 1112000 12/2000 1/200 I 2/2001 3/2001 4/2001 5/2001 6/2001 7/2001 8/2001 9/2001
1
2
3
4
5
6
IICH2ISYSIDDHP\$ALL\L VSSETTElACTPLAN\2000-01\Attachmen' I.doc
Page IofI
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - APPLICATION FORM
PART 1 - APPLICANT INFORMATION:
Name (s):
Address:
City: Zip Code:
Daytime Telephone: Evening Telephone:
PART 2 - DEMOGRAPHIC DATA:
0 White, non-Hispanic 0 American Indian! Alaskan
0 Black, non-Hispanic 0 Asian/Pacific Islander
0 Hispanic 0 Other
PART 3 - HOUSEHOLDS GETTING FOOD STAMPS OR TANF: (Complete this part and Part 9)
Food Stamp Case No. ----------
TANF (Formerly AFDC) Case No. -----------
PART 4 - EMPLOYMENT INFORMATION
Social Security Number:
Current Employer:
Employment Address:
Work Supervisor: Telephone Number:
Work Title: Date of Employment
Photo Identification (copy attached) Florida Driver's License #
Proof of Income: 0 Prior Year's 1099 (copy attached)
0 Employment Pay Stub (copy attached)
0 Social Security (benefits letter attached)
PART 5 - TYPE OF ASSISTANCE REQUESTED
i:I Adult Day Care i:I Job Placement Assistance
i:I After School Care i:I Legal Referral
i:I Child Care Services i:I Meals Assistance
i:I Emergency Shelter i:I Medical Referral
i:I Employment Training i:I Medical Voucher Assistance
i:I Fair Housing Activities i:I Mental Health Services
i:I Food Voucher Program i:I Micro-Enterprise Assistance
i:I Health Services i:I Recreation Services
i:I Health Services i:I Rent Assistance
i:I Homeownership Assistance i:I Senior Program
i:I Housing Assistance i:I Utilities Assistance
i:I Housing Counseling i:I Youth Programs
i:I Housing Rehabilitation i:I Youth Services
PART 6 - HOUSEHOLD MEMBERS AND INCOME ELIGIBILITY
Female Head of Household: 0 Yes 0 No
NAMES MONTHLY INCOME
List the names of Income Conversion: Weekly x 4.33 Every two weeks x 2.15 Twice a month x 2
Evervone in your Gross Monthlv Earnings Monthlv Welfare, Monthlv Pensions, Job 2 or Any
Household (Before Deductions) Child Support, Retirement, Social other Monthlv
Job I Alimony Security Income
I.
2.
3.
4.
5.
6.
7.
8.
PART 7 - AGENCIES CURRENTLY PROVIDING SERVICES
i:I ArtCenter South Florida, Inc. i:I Jewish Family Services
i:I ASPlRA i:I Jewish Vocational Service (NS)
i:I A YUDA, Inc. i:I Legal Services of Greater Miami
i:I Barry University i:I Little Havana Activities & Nutrition Centers
i:I Better Way of Miami, Inc. i:I Log Cabin Enterprises, Inc.
i:I Boys & Girls Clubs i:I Miami Beach Community Development Corp.
i:I City of Miami Beach Parks & Recreation i:I Miami Beach Child Care Center (St. John's)
i:I City of Miami Beach Neighborhoods First i:I Miami Beach Hispanic Community Center
i:I City of Miami Beach Police Department i:I Performing Arts Academy of South Florida
i:I Community Action Agency i:I RAIN Parents, Inc.
i:I Community Council for Jewish Elderly (CCJE) i:I The Shelboume Apartment Building
i:I Cool School of Dade County i:I Social Security Administration
i:I Douglas Gardens Comm. Mental Health Center i:I South Beach AIDS Project
i:I Florida Department of Children & Families i:I South Shore Hospital and Medical Center
i:I Fienberg/Fisher Adult & Comm. Education Cntr i:I Special Transportation Services
i:I Food for Life Network, Inc. i:I Stanley C. Myers Community Health Center
i:I Housing Authority of the City of Miami Beach i:I United Home Health Care
PART 8 - ADDITIONAL ASSISTANCE REVIEW
0 Legal Referral 0 Medical Referral
0 Resume Preparation (Service Record attached) 0 Transportation Services (STS)
0 Other Social Service Referral (Specify: )
PART 9 - SIGNATURE (This application must be signed before it can be processed.)
1 certify that all the above information is true and correct and that all income is reported. I understand that this
information is being given for the receipt of Federal Funds; that the agency to which I am applying for assistance may
verify the information on the application; and that deliberate misrepresentation of the information may subject me to
prosecution under applicable State and Federal laws.
Signature Date
CDBG AGREEMENT
October 1, 2000 to September 30,2001
ATTACHMENT III
GUIDELINES FOR FINANCIAL MANAGEMENT OF CDBG-FUNDED ACTIVITIES
To comply with federal regulations, each program must have a financial management system that
provides accurate, current and complete disclosure of the financial status of the activity. This means the
financial system must be capable of generating regular financial status reports which indicate the dollar
amount allocated for each activity (including any budget revisions), amount obligated (i.e., for which
contract exists), and the amount expended for each activity. The system must permit the comparison of
actual expenditures and revenues against budgeted amounts. The City must be able to isolate and to trace
every CDBG dollar received and prove where it went and for what it was used.
Accounting records must be supported by source documentation. Invoices, bills of lading, purchase
vouchers, payrolls and the like must be secured and retained for four years in order to show for what
purpose funds were spent. Payments should not be made without invoices and vouchers physically in
hand. All vouchers/invoices should be on vendor's letterhead.
All employees paid in whole or in part from CDBG funds should prepare a time sheet indicating the hours
worked on CDBG projects for each pay period. Based on these time sheets and the hourly payroll costs
for each employee, a voucher statement indicating the distribution of payroll charges should be prepared
and placed in the appropriate files.
The City is responsible for reviewing and certifying the financial management of any operating agency,
which is not a City department or bureau, in order to determine whether or not it meets all of the above
requirements. If the agency's system does not meet these requirements and modifications are not
possible, the City must administer the CDBG funds for the operating agency.
Financial records are to be retained for a period of four years, with access guaranteed to the City, to HUD
or Treasury officials or their representative.
One copy of the vendors' audited financial statement shall be submitted to the City immediately following
the end of the vendors' fiscal year(s) during which CDBG funds are received.
Payments to sub-recipients will be on a reimbursement basis to be submitted to:
Joanna Revelo, Director
Community Development Division
City of Miami Beach
CommunitylEconomic Development Department
1700 Convention Center Drive
Miami Beach, Florida 33139
Requests are to be submitted utilizing the enclosed financial status, client profile, and narrative report
forms, in a format consistent with the approved budget as shown in Attachment 11, including an analysis
of expenses to budget. A cash advance may be available upon special request.
F:\DDHPI$ALLIL YSSETIElACTPLAN\2000.011A1lachment IlI.doc
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CDBG AGREEMENT
October 1, 2000 to September 30, 2001
ATTACHMENT IV
APPLICABLE FEDERAL REGULATIONS
Compliance with Section 109 of the Housing and Community Development Act of 1974
The work to be performed under this Agreement is subject to the requirements of Section 109 of
the Housing and Community Development Act of 1974, which states that:
"No person in the United States shall, on the ground of race, color, national origin, sex or
handicap, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity funded in whole or in part with funds
available under this title."
Compliance with Equal Opportunity Provisions of Executive Order No. 11246
In carrying out the Agreement, the Provider shall not discriminate against any employee or
applicant for employment because of race, color, religion, sex, handicap or national origin. The
Provider shall take affirmative action to insure that applicants for employment are employed, and
that employees are treated during employment, without regard to their race, color, religion, sex,
handicap 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 Provider shall post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the government setting forth the provisions
of this nondiscrimination clause. The Provider shall state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, handicap or national
ongm.
Compliance with Section 3 of the Housing and Urban Development Act of 1968
A. The work to be performed under this Agreement 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. 170 lu. 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 in the area ofthe project.
B. The parties to this Agreement 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, and all applicable rules and orders of the Department issued
thereunder prior to the execution of this Agreement. The parties to this Agreement
certify and agree that they are under no contractual or other disability, which would
prevent them from complying with these requirements.
C. The Provider shall 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 or workers representative of his
Page lof2
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 Provider will include this Section 3 clause in every sub-agreement 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 sub-agreement upon
finding that the subcontractor is in violation of regulations issued by the Secretary of
Housing and Urban Development, 24 CFR. The Provider 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 and will not enter into any sub-agreement unless the
subcontractor 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, 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 of such assistance, its successors and
assigns. Failure to fulfill these requirements shall subject the applicant or recipient for
such assistance, 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 Part 135.
Conflict of Interest
No member of the governing body, or employee of the City of Miami Beach or its designees or
agents, and no other public official of such locality who exercises any functions or
responsibilities with respect to the Community Development Block Grant Program, during his
tenure or for one year thereafter, shall have any interest, direct or indirect, in this contract, or any
subcontracts or the proceeds thereof.
Compliance with Lead-Based Paint Regulations
All construction, rehabilitation, or modernization of residential structures provided under this
Agreement shall comply with the provisions of the Lead-Based Paint Poisoning Prevention Act
(84 Stat. 2080; 42 USC 4841(3)) and the regulations thereunder (24 CFR Part 35).
Compliance with Section 504 of the Rehabilitation Act of 1973, as amended
The work to be performed under this contract is subject to the requirements of Section 504 of the
Rehabilitation Act of 1973, as amended, which states that: "No otherwise qualified handicapped
individual in the United States... shall, solely by reason of his handicap, be excluded from the
participation in, be denied the benefits of, or be subjected to discrimination under any program or
activity receiving federal financial assistance or under any program or activity conducted by any
executive agency."
IICH2ISYSIDDHP\$ALLIL YSSETTEIMYIXlCSIContracl Attachment IV.doc
Page 2 of2
DRAFT ESG BOILERPLATE AGREEMENT
EMERGENCY SHELTER GRANTS AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND PROVIDER NAME
This Agreement made and entered into this _ day of , 2000 by and between the CITY
OF MIAMI BEACH, a municipal corporation, hereinafter referred to as "the City", and PROVIDER
NAME, hereinafter referred to as "Provider";
WHEREAS, the City has received a grant from the U.S. Department of Housing and Urban
Development as part of its Emergency Shelter Grants (ESG) Program for the period October I, 2000 to
September 30, 2001 (hereinafter "the contract period"); and
WHEREAS, the ESG Program is designed to be the first step in a continuum of assistance to
enable homeless individuals and families to move toward independent living as well as to prevent
homelessness; and
WHEREAS, the One-Year Action Plan was adopted by City of Miami Beach Resolution No.
2000-23997 on July 12,2000; and
WHEREAS, the City has determined, through its One-Year Action Plan for Federal Funds for
FY 2000/2001, the necessity for engaging the Provider to render the following services in Miami Beach:
(collectively, the Program).
NOW, THEREFORE, in consideration of the mutual benefits contained herein, the City and
Provider agree as follows:
1. Agreement Documents: Agreement documents shall consist of this Agreement and four (4)
attachments, all of which are incorporated by reference into this Agreement. Attachment I
contains a description of the service and goals offered by the Provider. Attachment 11 is a line
item budget. Attachment III outlines financial management procedures for use with Emergency
Shelter Grants funds. Attachment IV contains all applicable federal regulations.
2. Statement of Work: The Provider agrees to implement the Activity in accordance with the
Budget, as described in Attachment 1 and II.
PROJECT NAME
Citation
Scope
3.
Agreement Amount: The City agrees to make available $
the contract period.
for use by the Provider for
4. Alterations: Any proposed alterations in the work program or the budget shall first be submitted
to and approved in writing by the City, said approval at the City's sole discretion.
5. Reporting Requirements: The Provider agrees to submit monthly program progress reports on
the 101h day of each month to the City during the contract period herein. The Provider also agrees
to submit on September 30, 2001 a comprehensive final report covering the agreed-upon
objectives, activities, and expenditures for the entire contract period. Such shall include
performance data on client feedback, with respect to the goals and objectives outlined in
Attachment I.
6. Monitoring: The City shall schedule no less than one (I) monitoring visit with the Provider to
evaluate the progress and performance ofthe program and provide technical assistance.
7. Eligible Participants: The Provider agrees that the Program will serve only homeless individuals
residing within the City limits of Miami Beach or individuals who are facing eviction or
termination of utility services and are eligible to receive homeless prevention services in
accordance with federal guidelines (the potential homeless.)
8. Subcontract: No part of this Agreement may be assigned or subcontracted without the prior
written consent of the City, such consent to be at the City's sole discretion.
9. Term: This Agreement shall remain in effect through the contract period with the understanding
that at the end of the fiscal year the City of Miami Beach City Commission has the authority to
reappropriate any remaining funds.
10. Termination of Agreement for Cause: The City and the Provider agree that 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, in
its sole discretion, determines that the remaining portion of the Agreement will not accomplish
the purposes of such Agreement, the City may terminate same in its entirety, in the manner
provided in this section.
Notwithstanding the preceding paragraph, the City may also place the Provider in default ofthis
Agreement, and may suspend or terminate this Agreement in whole, or in part, for cause. "Cause"
shall include, but not be limited to, the following:
a. Failure to comply and/or perform in a material way, as same shall be determined by the
City in its sole discretion, in accordance with the terms of this Agreement, or any Federal,
State, County or City of Miami Beach statute or regulation.
b. Submitting reports to the City, which are late, incorrect or incomplete in any material
respect.
c. Implementation of this Agreement, for any reason, is rendered impossible or infeasible.
d. Failure to respond in writing to any concerns raised by the City, including substantiating
documents when required/requested by the City.
e. Any evidence of fraud, mismanagement, and/or waste, as determined by the City's
monitoring ofthe sub-recipient, and applicable HUD rules and regulations.
The City shall notify the Provider in writing when the Provider has been placed in default. Such
notification shall include: (i) actions taken by or to be taken by the City, such as withholding of
payments; (ii) actions to be taken by the Provider as a condition precedent to clearing the
deficiency; and (iii) a reasonable date for compliance, which shall be no more than fifteen (15)
days from notification date. In the event that Provider fails to correct such deficiency within the
forestated period, and following such notice from the City, this Agreement shall be terminated by
the City, without further notice to Provider.
In the event of curtailment of, or regulatory constraints placed on, the funds by HUD, this
Agreement will terminate effective as ofthe time that it is determined such funds are no longer
available. 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, in the sole
discretion of the City:
2
a. 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
b. The costs would be allowable if the award were not suspended or expired normally at the
end of the funding period in which the termination takes effect.
In the event of termination of the Agreement, at its sole discretion, the City may require Provider
to transfer any CDBG assets to the City pursuant to Section III herein.
11. Equal Employment Opportunities: The Provider shall comply with equal employment
opportunities as stated in Executive Order 11246, entitled "Equal Employment Opportunity" as
amended Executive Order 11375, and as supplemented in Department of Labor regulations.
12. Matching Requirements: The Provider warrants herein that it will comply with the provisions of
24CFR 576.51 and 42 U.S.c. I 1375(a)(3) and will provide the required dollar for dollar match
from sources other than ESG, in accordance with Attachment 11. The Provider will provide the
City with evidence of such matching funds.
13. Religious Orgauization or Owned Property: ESG funds may be used by religious organizations
or on property owned by religious organizations only with prior written approval from the City
and only in accordance with requirements set in 24 CFR 576.23.
14. Reversion of Assets: Within 30 days of the expiration of this Agreement, the Provider shall
transfer to the City any ESG funds on hand at the time of expiration and any account receivable
attributable to the use ofESG funds. In accordance with Section 415(i) of the 1987 McKinney
Act, each ESG recipient or sub-recipient herein certifies that it will maintain the facility as a
homeless shelter for a period often (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:
(a) be used as a homeless facility for either ten (10) years or longer or three (3) years after the
expiration of the Agreement or for such longer period of time as determined to be appropriate by
the City; or (b) if not used in accordance with this paragraph (16), 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.
15. Conformity to HUD 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. The Provider shall
comply with the requirements and standards of: 24 CFR part 85 (codified pursuant to OMB
Circular No. A-l02), OMB Circular No. A-87, OMB Circular No. A-122, OMB Circular A-110
(implemented as 24 CFR part 84), and/or the related ESG provision as they relate to the
acceptance and use of Emergency Shelter Grants amounts, as applicable. The Provider agrees to
comply with all the provisions of 24 CFR 576.57. In this regard, the Provider agrees that duly
authorized representatives of the U.S. Department of Housing and Urban Development shall have
access to any books, documents, papers and records of the Provider that are directly pertinent to
this Agreement for the purpose of making audits, examinations, excerpts and transcriptions.
3
16. Homeless Assistance and Participation: Provider agrees that it will provide for the participation
of homeless individuals on its policymaking entity, in accordance with 42 U.S.C. Il375(d).
17. Examination of Records: The Provider shall maintain sufficient records in accordance with 24
CFR part 5 to determine compliance with the requirements of this Agreement, the Emergency
Shelter Grants Program, and all applicable laws and regulations. This documentation shall
include, but not be limited to, the following:
a. 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. These records shall be maintained to the extent of
such detail as will properly reflect all net costs, direct and indirect labor, materials,
equipment, supplies and services, and other costs and expenses of whatever nature for
which reimbursement is claimed under the provisions of this Agreement.
b. 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.
c. How the objectives defined in 24 CFR 576.1 and the eligibility requirement(s) under
which funding has been received, have been met.
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 four (4)
years after expiration of this Agreement, with the following exception: if any litigation, claim or
audit is started before the expiration date of the four 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 closeout of this Agreement, of the address where the records are to be
kept.
18. Audits and Inspections: At any time during normal business hours, and as often as City and/or
Federal Government representatives may deem necessary, the Provider shall make available all
records, documentation, and any other data relating to all matters covered by the Agreement for
review, inspection or audit.
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 ofInstitutions 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), as applicable. If this Agreement is closed-out prior to the receipt of
an audit report, the City reserves the right to recover any disallowed costs identified in an audit
after such closeout.
19. IndemniticationlInsurance Requirements: The Provider shall indemnify and hold harmless the
City from any and all claims, liability, losses and causes of action which may arise out of an act,
omission, negligence or misconduct on the part of the Provider or any of its agents, servants,
employees, contractors, patrons, guests, clients, licensees or invitees. The Provider 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 shall not commence any work pursuant to this Agreement until all
insurance required under this Section has been obtained and the City's Risk Manager has
approved such insurance. In the event evidence of such insurance is not forwarded to the City's
Risk Manager within thirty (30) days after the execution of this Agreement, this Agreement shall
4
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. The
Provider shall maintain and carry in full force during the term of this Agreement and throughout
the duration of this project the following insurance:
a. Provider General Liability Policy with coverage for Bodily Injury and Property Damage,
in the amount of $1,000,000 single limit. The policy must include coverage for
contractual liability to cover the above indemnification.
b. The City of Miami Beach shall be named as an additional insured under all such
insurance contracts and City of Miami Beach Resolution No. 2000-23997 shall
referenced in the certificate.
c. Worker's Compensation and Employers Liability, as required pursuant to Florida Statute.
d. 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. Limits for
such coverage shall be in the amount of $500,000.
e. Thirty- (30) day written notice of cancellation or substantial modification of the insurance
coverage must be given to the City's Risk Manager by the Provider and his/her insurance
company.
f. The insurance must be furnished by insurance companies authorized to do business in the
State of Florida, and approved by the City's Risk Manager. The companies must be rated
no less than "B+" as to management, and not less than "Class VI" as to strength by the
latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick,
New Jersey, or its equivalent, subject to the approval of the City's Risk Manager.
g. Original Certificates ofInsurance for the above coverage must be submitted to the City's
Risk Manager for approval prior to any work commencing. These certificates will be
kept on file in the Office of the Risk Manager, Third Floor City Hall.
h. All insurance required by this section of the Agreement shall be and remain in full force
and effect for the entire contract period and each certificate or policy shall carry the
provision that the insurance shall not terminate, lapse or otherwise expire, prior to thirty
(30) days written notice to that effect, given by the insurance carrier to the City, and that
the insurance carrier will not invoke the defense of performance of a governmental
function by the Provider in performing this contract.
Compliance with the foregoing requirements shall not relieve the Provider of the liabilities and
obligations under this Section or under any other portion of this Agreement, and the City shall
have the right to obtain from the Provider specimen copies of the insurance policies in the event
that submitted Certificates of Insurance are inadequate to ascertain compliance with required
coverage. All of Provider's certificates, above, shall contain endorsements providing that written
notice shall be given to the City at least thirty (30) days prior to termination, cancellation or
reduction in coverage of the policy.
20. Conflict of Interest: The Provider covenants that no person under its employ who presently
exercises any functions or responsibilities in connection with ESG- funded activities has any
personal financial interests, direct or indirect, in this Agreement. The Provider covenants that in
the performance ofthis Agreement, no person having such conflicting interest shall be employed.
The Provider covenants that it will comply with all provisions of24 CFR 576.57(d) "Conflict of
Interest", and the Federal, State, County and City of Miami Beach statutes, regulations,
ordinances or resolutions 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.
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21. Venue: This Agreement shall be enforceable in Miami-Dade County, Florida, and iflegal 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 the same shall lie in Miami-Dade
County, Florida.
22. 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:
Joanna Revelo, Community Development Director
CommunitylEconomic Development Department
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Provider:
23. Limitation of Liability: The City desires to enter into this Agreement only ifin 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 $10,000. Provider hereby expresses its willingness to enter into this Agreement with
Provider's recovery from the City for any damage action for breach of contract to be limited to a
maximum amount of $10,000, less the amount of all funds actually paid by the City to Provider
pursuant to this Agreement.
Accordingly, Provider hereby agrees that the City shall not be liable to Provider for damages in
an amount in excess of $10,000, which amount shall be reduced by the amount of the funding
actually paid by the City to Provider pursuant to this Agreement, for any action or claim for
breach of contract arising out of the performance or nonperformance of any obligations imposed
upon the City by this Agreement. Nothing contained in this subparagraph or elsewhere in this
Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as
set forth in Florida Statutes, Section 768.28.
This Agreement shall be binding upon all parties hereto and their respective heirs, executors,
administrators, successors and assigns.
In witness thereof, the parties hereto have executed or caused to be executed by their duly
authorized officials, this Agreement in three (3) copies, each of which shall be deemed an original on the
date first above written.
CITY OF MIAN,lI BEACH
PROVIDER
Mayor
Authorized Signatory
City Clerk
Typed Name and Title
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