MB Methodist Child Care Center
COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND
MIAMI BEACH METHODIST CHILD CARE CENTER, INe.
This Agreement made and entered into this I" day of October, 2000 by and between the CITY
OF MIAMI BEACH, a municipal corporation, hereinafter referred to as "the City", and MIAMI
BEACH METHODIST CffiLD CARE CENTER, INe., 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 Community Development Block Grant Program for the period October I, 2000
to September 30, 2001 (hereinafter "the contrllct 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:
ST. JOHN'S CHILD CARE CENTER (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 ofthe service and goals offered by the Provider. Attachment II is a line
item budget. Attachment III outlines financial management procedures and reporting forms 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.
ST. JOHN'S CffiLD CARE CENTER
(570.208(a)/570.20 I( e))
To continue providing partial child care scholarships to ten (10) Miami Beach families in the low
to moderate-income range. The scholarships will be $25 per week for each family. The grant
will also pay the material fee of$50 per quarter for each of the ten families. This totals $1,500
per year for each of the ten families.
3. Agreement Amount: The City agrees to make available Fifteen Thousand Dollars ($15,000)
for use by the Provider for the contract period.
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
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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 1. Attachment III contains reporting forms to be used in fulfillment ofthis
requirement.
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 of the 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 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.
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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:
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 14 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. 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 g570.2000).
14. Reversion of Assets: In the event of a termination of this Agreement pursuant to Section 10
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 HUn 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
of the 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
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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. Sponsorships: The Provider agrees that when sponsoring a Program financed in whole or in part
under this Agreement, all notices, informational pamphlets, press releases, advertisements,
descriptions of the sponsorship of the Program, research reports, and similar public notices
prepared and released by the Provider shall include the statement:
"FUNDED BY THE CITY OF MIAMI BEACH COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM"
In written materials, the words
"CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS ADMINISTERED BY THE
COMMUNITYIECONOMIC DEVELOPMENT DEPARTMENT"
shall appear in the same size letters or type as the name of the Provider.
17. 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
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 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 ofthis 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
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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. The Provider shall comply with the requirements and standards of
o MB A -13 3, "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. 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:
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 be
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 of Insurance 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.
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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 tenninate, 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 perfonnance of a governmental function by the Provider in perfonning 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. 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 tennination, 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 Community Development funded
activities has any personal [mandai interests, direct or indirect, in this Agreement. The Provider
covenants that in the perfonnance of this Agreement, no person having such conflicting interest
shall be employed. The Provider covenants that it will comply with all provisions of24 CFR
570.6] I "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.
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 tenns 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
Community/Economic Development Department
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Provider:
Deborah C. Wehking, Executive Director
Miami Beach Methodist Child Care Center, Inc.
4760 Pine Tree Drive
Miami Beach, FL 33140
23. 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
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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 perfonnance or nonperfonnance 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
MIAMI BEACH METHODIST CHILD CARE
CENTER, INC.
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Authorized Signatory
Mayor
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City Clerk
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7
CDBG AGREEMENT
October 1, 2000 to September 30, 2001
ATTACHMENT I
STATEMENT OF WORK AND GOALS
DESCRIPTION OF PROGRAM
To provide reduced-fee child care scholarships to children of income eligible families.
The proposed program will continue providing partial childcare scholarships to ten Miami Beach families
in the low- to moderate-income range. The scholarships will be $25 per week for each family. Funds
will also pay the material fee of $50 per quarter for each of the ten families. This totals $1,500 per year
for each ofthe ten families, for a grand total of$15,000. The program will benefit children and their
families in all areas of Miami Beach, especially tracts 40, 41.0 I, 42, 43, and 44.
PROGRAM GOALS AND MEASURABLE OUTCOMES
I. Provide tuition reduction scholarships for ten Miami Beach families in the low- to moderate-
income range.
2. Provide material fee scholarships for ten Miami Beach families in the low- to moderate-income
range.
SCHEDULE FOR IMPLEMENTATION
Goal 1012000 11/2000 12/2000 1/2001 2/2001 312001 4/2001 5/2001 6/2001 7/2001 8/2001 91200 I
1 X X X X X X X X X X X X
2 X X X X
F:\DDHPI$ALLIL YSSETIElACTPLAN\2000-01IcontractIMB Methodist Attachmentl.doc
Page 1 of1
CDBG AGREEMENT
October 1, 2000 to September 30, 2001
ATTACHMENT II
BUDGET SUMMARY SHEET
Project Name: St. John's Child Care Center
Funding Year: 2000/2001
Provider Name: Miami Beach Methodist Child Care Center
Date Submitted:
Category Category Breakdown CDBGIESG Other Funds Other Funding Total Funds
Number Fnuds Sources
1 Scholarships $15,000 $0 $15,000
2
3
4
5
6
7
8
9
10
11
Total CDBGIESG Funds $15,000
Total Other Funds
Grand Total
Page I of2
CDBG AGREEMENT
BUDGET ITEMIZATION SHEET
Project Name: St. John's Child Care Center
Funding Year: 200012001
Provider Name: Miami Beach Methodist Child Care Center
Date Submitted:
Category Amount
Category Category Breakdown CDBGIESG Other Funds Total Funds
Number Funds
1 Tuition Scholarships (10 students x $25 per $13,000 $0 $13,000
week x $52 weeks)
1 Material Fee Scholarships (10 students x $2,000 $0 $2,000
$50 per quarter x 4 quarters)
Total Amount $15,000 $0 $15,000
Page 2 of2
CDBG AGREEMENT
October 1, 2000 to September 30, 2001
ATTACHMENT fit
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 l\IlY 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 certif'ying 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 ofthe 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
Community/Economic 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 II, including an analysis
of expenses to budget. A cash advance may be available upon special request.
F;\DDHP\$ALLIL YSSETTEIACfPLAN\2000-01IAttachment lII.doc
Page I of I
m
CITY OF MIAMI BEACH
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
MONTHLY NARRATIVE AND CLIENT PROFILE REPORT
-
Provider: Miami Beach Methodist Child Care Center. Inc. Project Name: St. John's Child Care Center
Reporting Period: Date Submitted:
Person Submitting Report: Title:
Signature:
Please complete the following two reports for activities undertaken during this month's reporting period.
If reporting for more than one activity, provide a separate narrative and profile report for each distinct
activity.
I. Narrative Report (Attach additional pages, if necessary.)
Please describe the activities completed and/or services provided during this month's reporting period. Use
numbers and units of measure to quantify such accomplishments. Units of measure may be facades
rehabilitated, meals served, persons counseled, # of prescriptions, housing units, vouchers, shopping visits, and
others. If no accomplishments can be described, detail efforts undertaken to fulfill contract goals by the end of
the program year. Explain any problems, which may have affected the expenditure of CDBO funding.
Describe any special recognition, awards and circumstances encountered during the past month.
II. Client Profile Report
Clients Income Range Ethnicity Female Special
..c.L. << .. 1_, ..i\.ii\ ............,......... .". HOH Needs
.............. ....~. i"''''~~
/"1~. ...""" < ft~j.< . li~ti ""_. _iC_ H~( ..... .......,. << ,-i\
-TO ;; , '.\'. ....\)\..............
.. ...... <. , i ,~~' ,..
Oct
Nnv
nec
T.n .
Feh
M."h
Am;!
Mov
"
Julv
AM
<.n'
Total 0 0 0 0 0 0 0 0 0 0 0 0
Notes: (1) Special Needs includes: elderly/frail elderly persons, persons with AIDS, persons with disabilities, homeless persons,
and families participating in programs to achieve economic self-sufficiency. (2) VLI indicates very-low income, LM indicates
low/moderate-income. (3) YTO indicates Year to Date. This number equals prior monthly figures + current monthly figures.
CnBG AGREEMENT
October 1, 2000 to September 30, 2001
ATTACHMENT IV
APPLICABLE FEDERAL REGULATIONS
1. NON-DISCRIMINATION AND EQUAL ACCESS
No person in the United States shall on the grounds of race, color, national origin, religion or sex
be excluded, denied benefits or subjected to discrimination under any program funded in whole or
in part by CDBG funds. The Provider must take measures to ensure non-discriminatory
treatment, outreach and access to program resources. This applies to employment and
contracting, as well as to marketing and selection of program participants.
Fair Housing and Equal Opportunity
The Provider must comply with all the following Federal laws, executive orders and regulations
pertaining to fair housing and equal opportunity. They are summarized below:
. Title VI of the Civil Rights Act of 1964. As Amended (42 USC 2000d et sea.): States that no
person may be excluded from participation in, denied the benefits of, or subjected to
discrimination under any program or activity receiving Federal financial assistance on the
basis of race, color or national origin. The regulations implementing the Title VI Civil Rights
Act provisions tor HUD programs may be found in 24 CFR Part I.
. The Fair Housing Act (42 USC 3601-3620): Prohibits discrimination in the sale or rental of
housing, the financing of housing or the provision of brokerage services against any person
on the basis of race, color, religion, sex, national origin, handicap offamilial status. Fair
Housing Act implementing regulations may be found in 24 CFR Part 100-115.
. Eaual Oooortunity in Housing (Executive Order I 1063. as amended bv Executive Order
12259): Prohibits discrimination against individuals on the basis of race, color, religion, sex
or national origin in the sale, rental, leasing or other disposition of residential property, or in
the use or occupancy of housing assisted with Federal funds. Equal Opportunity in Housing
regulations may be found in 24 CFR Part 107.
. Age Discrimination Act of 1975. As Amended (42 USC 6]01 ): Prohibits age discrimination
in programs receiving Federal financial assistance. Age Discrimination Act regulations may
be found in 24 CFR Part] 46.
. Section ]09 of Title I of the Housing and Community Develooment Act of]974: Requires
that no person shall be excluded from participation in, denied the benefits of, or be subjected
to discrimination under any program or activity funded with CDBG funds on the basis of
race, color, religion, national origin or sex.
Affirmative Marketing
The Provider must adopt affirmative marketing procedures and requirements for all CDBG-
assisted housing with five or more units. Requirements and procedures must include:
. Methods for informing the public, owners and potential tenants about fair housing laws and
the Provider's policies (for example: use ofthe Fair Housing logo or equal opportunity
language);
Page 1 of7
.
A description of what owners and/or the Provider will do to affirmatively market housing
assisted with CDBG funds;
A description of what owners and/or the Provider will do to inform persons not likely to
apply for housing without special outreach;
Maintenance of records to document actions taken to affirmatively market CDBG-assisted
units and to assess marketing effectiveness; and
Description of how efforts will be assessed and what corrective actions will be taken where
requirements are not met.
';',
.
.
.
Handicapped Accessibility
The CDBG regulations also require adherence to the three following regulations governing the
accessibility of Federally assisted buildings, facilities and programs.
. Americans with Disabilities Act(42 USC 12131: 47 USC 155,201,218 and 225): Provides
comprehensive civil rights to individuals with disabilities in the areas of employment, public
accommodations, state and local government services and telecommunications. The Act, also
referred to as the ADA, also states that discrimination includes the failure to design and
construct facilities (built for first occupancy after January 26, 1993) that are accessible to and
usable by persons with disabilities. The ADA also requires the removal of architectural and
communication barriers that are structural in nature in existing facilities. Removal must be
readily achievable, easily accomplishable and able to be carried out without much difficulty
or expense.
. Fair Housin~ Act: Multi-family dwellings must also meet the design and construction
requirements at 24 CFR 100.205, which implement the Fair Housing Act (42 USC 3601-19)
. Section 504: Section 504 of the Rehabilitation Act of 1973 prohibits discrimination in
federally assisted programs on the basis of handicap. Section 504 imposes requirements to
ensure that "qualified individuals with handicaps" have access to programs and activities that
receive Federal funds. Under Section 504, recipients and subrecipients are not required to
take actions that create unique financial and administrative burdens or after the fundamental
nature of the program.
For any Provider principally involved in housing or social services, all of the activities of
the agency -- not only those directly receiving Federal assistance -- are covered under
Section 504.
Contractors or vendors are subject to Section 504 requirements only in the work they do
on behalf of the Provider or the City.
The ultimate beneficiary of the Federal assistance is not subject to Section 504
requirements.
. The Architectural Barriers Act of 1968 (42 USC 4151-4157): Requires certain Federal and
Federally-funded buildings and other facilities to be designed, constructed or altered in
accordance with standards that ensure accessibility to, and use by, physically handicapped
people.
Page 2 of7
II. EMPLOYMENT AND CONTRACTING
The Provider must comply with the regulations below governing employment and contracting
opportunities. These concern equal opportunity, labor requirements and contracting/procurement
procedures.
Equal Opportunity
The Provider must comply with the following regulations that ensure equal opportunity for
employment and contracting.
. Equal Emplovment Opportunity. Executive Order 11246. as amended: Prohibits
discrimination against any employee or applicant for employment because of race, color,
religion, sex or national origin. Provisions to effectuate this prohibition must be included in
all construction contracts exceeding $10,000. Implementing regulations may be found at 41
CFR Part 60.
. Section 3 of the Housing and Urban Development Act of 1968: Requires that, to the greatest
extent feasible, opportunities for training and employment arising from CDBG funds will be
provided to low-income persons residing in the program service area. Also, to the greatest
extent feasible, contracts for work (all types) to be performed in connection with CDBG will
be awarded to business concerns that are located in or owned by persons residing in the
program service areal
. Minority/Women's Business Enterprise: Under Executive Orders 11625,12432 and 12138,
the City and the Provider must prescribe procedures acceptable to HUD for a minority
outreach program to ensure the inclusion, to the maximum extent possible, of minorities and
women, and entities owned by minorities and women, in all contracts (see 24 CFR 85.36(e)).
Labor Requirements
The Provider must comply with certain regulations on wage and labor standards. In the case of
Davis-Bacon and the Contract Work Hours and Safety Standards Acts, every contract for
construction (in the case of residential construction, projects with eight or more units) triggers the
requirements.
. Davis-Bacon and Related Acts (40 USC 276(A)-7): Ensures that mechanics and laborers
employed in construction work under Federally-assisted contracts are paid wages and fringe
benefits equal to those that prevail in the locality where the work is performed. This act also
provides for the withholding of funds to ensure compliance, and excludes from the wage
requirements apprentices enrolled in bona fide apprenticeship programs.
. Contract Work Hours and Safety Standards Act. as amended (40 USC 327-333): Provides
that mechanics and laborers employed on Federally-assisted construction jobs are paid time
and one-half for work in excess of 40 hours per week, and provides for the payment of
liquidated damages where violations occur. This act also addresses safe and healthy working
conditions.
. Cooeland (Anti-Kickback) Act (40 USC 276c): Governs the deductions from paychecks that
are allowable. Makes it a criminal offense to induce anyone employed on a Federally
assisted project to relinquish any compensation to which he/she is entitled, and requires all
contractors to submit weekly payrolls and statements of compliance.
Page 3 of7
. Fair Labor Standards Act of 1938. As Amended (29 USC 201. et. seo.): Establishes the basic
minimum wage for all work and requires the payment of overtime at the rate of at least time
and one-half. It also requires the payment of wages for the entire time that an employee is
required or permitted to work, and establishes child labor standards.
Contracting and Procurement Practices
The CDBG program is subject to certain Federal procurement rules. In addition, the City and the
Provider must take measures to avoid hiring debarred or suspended contractors or subrecipients
and conflict-of-interest situations. Each is briefly discussed below.
. Procurement: For the City, the procurement standards of24 CFR 85.36 apply. For non-profit
organizations receiving CDBG funds, the procurement requirements at 24 CFR Part 84 apply.
. Conflict oflnterest: The CDBG regulations require grantees (the City), state recipients and
subrecipients (the Provider) to comply with two different sets of conflict-of-interest
provisions. The first set of provisions comes from 24 CFR Parts 84 and 85. The second,
which applies only in cases not covered by 24 CFR Parts 84 and 85, is set forth in the CDBG
regulations. Both sets of requirements are discussed below.
The provisions at 24 CFR 85.36 and 24 CFR 84.42 apply in the procurement of property
and services by grantees (the City), state recipients, and subrecipients (the Provider).
These regulations require the City and the Provider to maintain written standards
governing the performance of their employees engaged in awarding and administering
contracts. At a minimum, these standards must:
Require that no employee, officer, agent of the City or the Provider shall participate
in the selection, award or administration of a contract supported by CDBG if a
conflict-of-interest, either real or apparent, would be involved;
Require that employees, officers and agents of the City or the Provider not accept
gratuities, favors or anything of monetary value from contractors, potential
contractors or parties to subagreements; and
Stipulate provisions for penalties, sanctions or other disciplinary actions for
violations of standards.
A conflict would arise when any of the following has a financial or other interest in a
firm selected for an award:
An employee, agent or officer of the City or the Provider;
Any member of an employee's, agent's or officer's immediate family;
An employee's, agent's or officer's partner; or
An organization that employs or is about to employ an employee, agent or officer of
the City or the Provider.
The CDBG regulations at 24 CFR 570.611 governing conflict-of-interest apply in cases
not covered by 24 CFR 85.36 and 24 CFR 84.42. These provisions cover employees,
agents, consultants, officers and elected or appointed officials ofthe grantee (the City),
state recipient or subrecipient (the Provider). The regulations state that no person
covered who exercises or has exercised any functions or responsibilities with respect to
CDBG activities or who is in a position to participate in decisions or gain inside
information:
May obtain a financial interest or benefit from a CDBG activity; or
Have an interest in any contract, subcontract or agreement for themselves or for
persons with business or family ties.
Page 4 of7
This requirement applies to covered persons during their tenure and for one year after
leaving the grantee (the City), the state recipient or subrecipient (the Provider) entity.
Upon written request, exceptions to both sets of provisions may be granted by HUD on a
case-by-case only after the City has:
Disclosed the full nature of the conflict and submitted proof that the disclosure has
been made public; and
Provided a legal opinion from the City stating that there would be no violation of
state or local law if the exception were granted.
. Debarred contractors: In accordance with 24 CFR Part 5, CDBO funds may not be used to
directly or indirectly employ, awa(d contracts to or otherwise engage the services of any
contractor or subrecipient during any period of debarment, suspension or placement of
ineligibility status. The City should check all contractors, subcontractors, lower-tier
contractors or subrecipients against the Federal publication that lists debarred, suspended and
ineligible contractors.
III. ENVmONMENTAL REQUIREMENTS
The City is responsible for meeting a number of environmental requirements, including
environmental reviews, flood insurance, and site and neighborhood standards.
Environmental Review
The City is responsible for undertaking environmental reviews in accordance with the
requirements imposed on "recipients' in 24 CFR 58. Reviews must be completed, and Requests
for Release of Funds (RROF) submitted to HUD before CDBO funds are committed for non-
exempt activities. Private citizens and organizations may object to the release of funds for CDBO
projects on certain procedural grounds relating to environmental review (see 24 CFR 58.70-
58.77). To avoid challenges, grantees (the City) and subrecipients (the Provider) should be
diligent about meeting procedural requirements.
Flood Insurance
Section 202 of the Flood Disaster Protection Act of 1973 (42 USC 4106): Requires that CDBO
funds shall not be provided to an area that has been identified by the Federal Emergency
Management Agency (FEMA) as having special flood hazard, unless: The community is
participating in the National Flood Insurance Program, or it has been less than a year since the
community was designated as having special flood hazards; and Flood insurance is obtained.
IV. LEAD-BASED PAINT
On September 15, 1999, the "Requirements for Notification, Evaluation and Reduction of Lead-
Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal
Assistance; Final Rule" was published within title 24 of the Code of Federal Regulations as part
35 (24 CFR 35). The regulation was issued under sections 1012 and 1013 of the Residential
Lead-Based Paint Hazard Reduction Act of 1992, which is Title X (ten) of the Housing and
Community Development Act of 1992. Sections 1012 and 10 13 of Title X amended the Lead-
Based Paint Poisoning Prevention Act of 1971, which is the basic law covering lead-based paint
in federally associated housing.
The regulation sets hazard reduction requirements that give much greater emphasis to reducing
lead in house dust. Scientific research has found that exposure to lead in dust is the most
common way young children become lead poisoned. Therefore, the new regulation requires dust
testing after paint is disturbed to make sure the home is lead-safe. Specific requirements depend
on whether the housing is being disposed of or assisted by the federal government, and also on
Page 5 of7
the type and amount of financial assistance, the age of the structure, and whether the dwelling is
rental or owner occupied.
PROPERTY EXEMPT FROM LEAD-BASED PAINT REGULATION.
. Housing built since January I, 1978, when lead paint was banned for residential use
. Housing exclusively for the elderly or people with disabilities, unless a child under age 6 is
expected to reside there
. Zero-bedroom dwellings, including efficiency apartments, single-room occupancy housing,
dormitories or military barracks
. Property that has been found to be free of lead-based paint by a certified lead-based paint
inspector
. Property where all lead-based paint has been removed
. Unoccupied housing that will remain vacant until demolished
. Non-Residential property
. Any rehabilitation or housing improvement that does not disturb a painted surface
TYPES OF HOUSING SUBJECT TO 24 CFR 35
. Federally-Owned housing being sold
. Housing receiving a federal subsidy that is associated with the property, rather than with the
occupants (project-based assistance)
. Public housing
. Housing occupied by a family (with a child) receiving tenant-based subsidy (such as a
voucher or certificate)
. Multifamily housing for which mortgage insurance is being sought
. Housing receiving federal assistance for rehabilitation, reducing homelessness, and other
special needs
If you want copies of the regulation or have general questions, you can call the National
Lead Information Center at (800)424-LEAD, or TDD (800)526-5456 for the hearing
impaired. You can also download the regulation and other educational materials at
www.hud.gov/lea. For further information, you may call HUD at (202) 755- 1785, ext. 104,
or e-mail HUD at lead regulations0lhud.gov.
V. DISPLACEMENT, RELOCATION, ACQUISITION AND REPLACEMENT OF
HOUSING
CDBG projects involving acquisition, rehabilitation or demolition may be subject to the
provisions of the Uniform Relocation Act (UDA). Demolition or conversion of units with CDBG
funds may trigger section 104 (d) (also known as the "Barney Frank Amendments" requirements.)
VI. COMPLIANCE WITIl NATIONAL OBJECTIVE
The Provider will ensure and maintain evidence that activities assisted with CDBG funds from
the City of Miami Beach comply with the primary National Objective, "Benefit to Low and
Moderate Income Persons" and will provide services or activities that benefit at least 51 % low
and moderate income persons. A low or moderate-income household is defined as: a household
having an income equal to, or less than, the limits cited below. Individuals who are unrelated but
are sharing the same household shall each be considered as one-person households.
Page 6 of7
Low and Moderate Household Income Limits (Effective 3/9/2000) (Source: U.S. Department
of Housing & Urban Development) (Note: · 80% of Median Income,.. 50 % of Median
Income)
Household Size
1 Person
2 Persons
3 Persons
4 Persons
5 Persons
6 Persons
7 Persons
8 Persons
Moderate Income'
$25,000
$28,550
$32,100
$35,700
$38,550
$4104.00
$44,250
$47,100
Low Income"
$15,600
$17,850
$20,050
$22,300
$24,100
$25,850
$27,650
$29,450
LOW/MODERATE INCOME DATA
SOUTHERN TARGET AREA
Census Tract Total L/M Persons Total Persons % Low/Mod
40.00-5 310 448 69.20
41.01-1 614 757 81.11
41.Ql-2 2,137 4,002 53.40
41.Ql-3 810 1,511 53.61
42 10,042 13,736 73.11
43 6,728 9,582 70.21
44 10,774 13,244 81.35
45 1,768 2,307 76.64
TOTAL 33,183 45,587 73% LIM
NORTHERN TARGET AREA
Census Tract Total UM Persons Total Persons % Low/Mod
39.01-1 603 1,036 58.20
39.Ql-2 620 836 74.16
39.Ql-3 407 468 86.97
39.01-4 518 772 67.10
39.01-5 1,593 2,256 70.61
39.01-6 1,581 2,240 70.58
39.02-1 704 897 78.48
39.02-2 876 1,187 73.80
39.02-3 211 211 100.00
39.02-4 1,564 2,097 74.58
39.05-2 2,408 3,346 71.97
39.05-4 2,40] 3,071 78.18
TOTAL 8,677 12,000 72%LIM
F:\DDHP\SALL\L YSSETTE\MYI:XXS\Other Federal Requirements.doc
Page 7 of7
CERTIFICATION OF
RELIGIOUS ORGANIZATION REOUIREMENTS
In accordance with First Amendment of the u.s. Constitution - "church/state principles", CDBG
assistance may not, as a general rule, be provided to primarily religious entities for any secular or
religious activities.
Therefore, the following restrictions and limitations apply to any provider which represents that it
is, or may be deemed to be, a religious or denominational institution or an organization operated for
religious purposes which is supervised or controlled by or operates in connection with a religious or
denominational institution or organization.
A religious entity that applies for and is awarded CDBG funds for public service activities must
agree to the following:
1. It will not discriminate against any employee or applicant for employment on the basis of religion
and will not limit employment or give preference in employment to persons on the basis of religion;
2. It will not discriminate against any person applying for such public services on the basis of religion
and will not limit such services or give preference to persons on the basis of religion;
3. It will provide no religious instruction or counseling, conduct no religious worship or services,
engage in no religious proselytizing, and exert no other religious influence in the provision of such
public services;
4. The portion of a facility used to provide public services assisted in whole or in part under this
Agreement shall contain no sectarian or religious symbols or decorations; and
The funds received under this Agreement shall not be used to construct, rehabilitate, or restore any
facility which is owned by the Provider and in which the public services are to be provided. However,
minor repairs may be made if such repairs are directly related to the public services; are located in a
structure used exclusively for non-religious purposes; and constitute, in dollar terms, only a minor portion
of the CDBG expenditure for the public services.
I hereby acknowledge that I have read the specific requirements contained in this
Certification, and that eligibility of my organization's project depends upon compliance with the
requirements contained in this document.
MIAMI BEACH METHODIST CHILD CARE CENTER
~
~
Signature
Date
I (f ro!,.lOO 0
LCI.,-"\i, (, Oc..."" ~ .s.
Print Name of Authorized Signatory
<..Y-.U.r """",.., ",....J. S e. <.. or-<. hi "1 0 ~ ~-(
Print Title of Authorized Signatory 11 .1
OOCo\,.r"",
Page I of!
CERTIFICATION REGARDING LOBBYING
Name of Recipient:
CITY OF MIAMI BEACH
Name of Sub-recipient:
MIAMI BEACH METHODIST CHILD CARE CENTER
Grant Program Name:
COMMUNITY DEVELOPMENT BLOCK GRANT
Grant Number:
B-00-MC-12-0014
\ \ \ :0 \ 1.00-0
Date:
The undersigned certifies, to the best of his or her knowledge and belief, that:
I. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or any employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or any employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance
with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including sub-contracts, sub-grants, and contracts under
grants, loans, and cooperative agreements) and that all individuals receiving sub-awards shall
certify and disclose accordingly.
MIAMI BEACH METHODIST CHILD CARE CENTER
~CUA.AA~
Signature
~
11/8/..4..000
Date
L.-..\.r\{ O.......i,S
Print Name of Authorized Signatory
c.",-<,r"""", """J 'S-€.<..rl.1-4I"f El~
Print Title of Authorized Signatory+~ BO"lrcj.
Page I of I
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REOUIREMENTS
Name of Recipient:
CITY OF MIAMI BEACH
Name ofSnb-recipient:
MIAMI BEACH METHODIST CHILD CARE CENTER
Grant Program Name:
COMMUNITY DEVELOPMENT BLOCK GRANT
Grant Number:
B-00-MC-12-00 14
\ \ \ "b \ )..00"0
Date:
The Provider shall insert in the space provided below the site( s) expected to be used for the performance
of work under the grant covered by the certification:
Place of Performance (include street address, city, county, state, zip code for each site):
5"t" J~...' j
c~..'~ (Cl,rt C-<.~l-v
..\\~,..o ~\ ~-<.. \.--"(. (.. 'D,\"\I-t
\fo'\\ """,,', .B e.ct cl.- . t=L.. ~ J I 'I 0
MIAMI BEACH METHODIST CHILD CARE CENTER
d~~
Signature
I )1~/d--O()O
Date
hc.......,.. i Z Oc..~i s
Print Name of Authorized Signatory
c..",c.:,r ......."'..... co. ^& Se...r<. ~"'Ir,/ 'll-f '\~
Print Title of Authorized Signatory 9,o....r &.
Page I ofl
ACKNOWLEDGEMENT OF DISABILITY NONDISCRIMINATION AFFIDAVIT
CONTRACT REFERENCE CDBG CONTRACT YEAR 26. Fiscal Year 2000/2001
NAME OF FIRM, CORPORATION, OR ORGANIZATION MIAMI BEACH METHODIST CHILD
CARE CENTER. INC.
AUTHORIZED AGENT COMPLETING AFFIDAVIT \ _....J...r, {, 'Oq~ is
POSITION~Lt''''Ch "Sf'<..('{ ~~ '" >\l....t ~~(c.\>HONENUMBER(1S:5 S~- €:. ),3'"1
I, \..:.""'1'\ ( DCI" ,..5 , being duly first sworn state:
That the above named form, corporation or organization is in compliance with and agrees to
continue to comply with, and assure that any subcontractor, or third party contractor under this
project complies with all applicable requirements of the laws listed below including, but not limited
to, those provisions pertaining to employment, provision of programs and services, transportation,
communications, access to facilities, renovations, and new construction.
The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-336, 104 Stat 327, 42 V.S.C.
12101-12213 and 547 V.S.C. Sections 225 and 611 including Title I, Employment; Tittle II,
Public Services; Title III, Public Accommodations and Services Operated by Private Entities;
Title IV, Telecommunications; and Title V, Miscellaneous Provisions.
The Rehabilitation Act of 1973: 29 U.S.C. Section 794.
The Federal Transit Act, as amended: 49 V.S.C. Section 1612.
The Fair Housing Act as amended: 42 V.S.C. Section 3601-3631.
~~
Signature
~
I if 'B/cJ...OQ0
Date
L4-t( /2/'e D .4-1/15">
~ q, H(),j
(Date)
He/She is personally known to me or has
by
SUBSCRIBED AND SWORN TO (or affirmed) before me on
(Affiant)
presented rc]:://2 ~ I?- 0 s-3/5-<7 799-/
~~fid~tif"'"OO)
(~o ~ry) ~ /'Z/ (Serial Number)
(Print or ~p Name of Notary)
as identification.
Notary Public ~ (State) Notary
The City of Miami Beach will not award a contract to any firm, corporation or organization that fails to
complete and submit this Affidavit with the firm, corporation or organization's bid or proposal or fails to
have this Affidavit on file with the City of Miami Beach.
"""~"~"'"
~>r'''~A:''
{.i~';;-' MY COMMISSION * CC 610855
,,\ .~, EXPIRES, August 11. 2001
"'1.:1,11" ~""" Bonded Thru Notary Public Underwriters
Page I of!