CDBG Boys & Girls Clubs of Miami, Inc.
COdliV111~'ITY llEVELOPVIEYT BLOCK GRANT AGREGiVIEVT
BETWEEN THE CITY OF VIIAVII BEr1CH ANll
BOYS AND GIRLS CLUBS OF bIIAiVII, INC.
This Agreement made and entered into this 1" day ofOctober, 2007, by and between the CITY
OF IVIIAivH BEACH, a Florida municipal corporation, hereinafter referred to as "the City", and $OYS
AND GIRLS CLUBS OP tVHAi41I, INC., hereinafter refs rred to as "Provider".
WHEREAS, the City has received an entitlement grant from the U.S. Department of Housing
and Urban Development as part of its Community Development Block Grant (CDBG) Program for the
period of October 1, 2007, to September 30, 2008 (hereinafter "the contract period"); and
WHEREAS, the primary objective of the CDBG 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, [he One-Year Action Plan for federal funds was adopted by City of Miami Beach
Resolution No. 2007-2658, on July t 1, 2008; and
WHEREAS, City of Miami Beach Resolution No. 2007-26585 approved the amending of the
prior year Agreement (Fiscal Year 2006/2007) to extend the expiration date of said Agreement; and
WHREAS, THIS agreement (Fiscal Year 2007/2008) has an expiration date of September 30,
2008; and
WHEIL4S, the total amount of funds for this activity, not exceed THREE HUNDRED
THOUSAND 00/100 DOLLARS ($30Q000), is available as follows: $100,000 from Fiscal Year
2006/2007, and $200,000 from Fiscal Year 2007/2008; and
WHERAS, the City has determined, through its One-Year Action Plan for federal funds for
Fiscal Year 2007/2008, the necessity for engaging the Provider to render [he following services in Miami
Beach: IVfiami Beach Capital Improvements (the Program).
NOW, THEREFORE, in consideration of the mutual benefits contained herein, the City and
Provider agree as follows:
Section 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 Program services 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 CDBG funds.
• Attachment IV contains applicable federal regulations.
Section 2. Statement oI' Work: The Provider agrees to implement the Program in accordance with
Attachments I and fI, and as summarized as follows:
Miami Beach Capital .Improvements
(s7o.2o8(aj(z)/s7a2ot(ep
For designing and construction of a new 9,600 square feet facility for the Boys and Girls
Clubs [o improve and expand the services provided to approximately 300 low-income
youths living in Miami Beach:
Section 3. Agreement Amount: The City agrees to make available THREE HUNDRED
THOUSAND AND 00/100 DOLLARS ($300,000) ($100,000 from Fiscal Year
2006/2007 plus $200,000 from Fiscal Year 20067/2008) for use by the Provider during
the term of the Agreement.
Section 4. Alterations: Any proposed alterations in the Program offered by the Provider and/or the
Budget shall first be submitted to and approved in writing by the City, said approval at the
City's sole judgement and discretion.
Section 5. Method of Payment and Reporting Requirements: The Provider agrees to submit
monthly Program progress reports to the City on the 10`h day of each month, throughout
the term of this Agreement. The Provider also agrees [o submit, on September 3Q 2008, a
comprehensive final report covering the agreed-upon Program objectives, activities, and
expenditures during the term of this Agreement, including, but not limited [o, performance
data on client feedback, with respect to the goals and objectives outlined in Attachment I.
Attachment III contains reporting forms to be used in fulfillment of this requirement.
Other reporting requirements may be required by [he City in the event of Program
changes; the need for additional information or documentation arises; and/or legislative
amendments are enacted. 1"he Provider shall be informed, in writing, if any changes
become necessary. Reports and/or requested documentation not received by the due date
shall be considered delinquent and may be considered by the City, at its sole discretion, as
sufficient cause [o suspend pending CDBG payments to the Provider, and/or terminate die
Agreement for cause, pursuant to Section 12 herein.
Section 6. Monitoring: The City, at its discretion, shall schedule no less than one (1) annual on-site
monitoring visit with the Provider to evaluate the progress and performance of the
Program and to provide technical assistance; and/or a desk top review of the activities may
be conducted in lieu of an on-site visit, if and only if, the Provider has had a satisfactory
on-site review in the previous Program year, and is not a high risk Provider.
Section 7. Additional Conditions and Compensation - It is expressly understood and agreed by the
parties hereto that monies to be used by Provider for compensation, as contemplated by
this Agreement, originate from grants of CDBG funds from the U.S. Department of
Housing and Urban Development (HUD) and must be implemented in full compliance
with all of HUD's rules and regulations. II is expressly understood and agreed that in the
event of curtailment or non-production of said federal funds, the financial sources
necessary to continue to pay the Provider all or any portions of the funds contemplated
herein will not be available, and that this Agreement will thereby terminate effective as of
the time that it is determined by the City, in its sole discretion and judgement, that said
funds are no longer available, ht the event of such determination, the Provider agrees that
it will not look to, nor seek to hold liable, the City nor any individual member of the City
Commission and/or City Administration thereof personally for the performance of this
Agreement, and al] of the parties hereto shall be released from further liability each to the
other under the terms of this Agreement.
Section 8. Compliance with Local, State and Federal Regulations -The Provider agrees to
comply with all applicable federal regulations as they may apply to Program
administration and [o carry out each activity in compliance with the laws and regulations
as described in 24 CFR 570 Subpart K, as same may be amended from time to time.
Additionally, the Provider will comply with all state and local (City and County) laws and
ordinances hereto applicable. It shall be the Provider's sole and absolute responsibility to
continually familiarize itself with any and all such applicable federal, State, County, and
City regulations, laws, and/or ordinances.
Section 9. Restrictions for Certain Resident Aliens -Certain newly legalized aliens, as described
in 24 CFR Part 49, are not eligible [o apply for benefits under covered activities funded by
the CDBG Program. "Benefits" under this section means financial assistance, public
services,jobs and access to new or rehabilitated housing and other facilities made
available under activities funded by the CDBG Program. "Benefits" do not include
relocation services and payments to which displacees are entitled by law.
Section 10. 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 and
judgement.
Section 11. Term: This Agreement shall commence on October 1, 2008, and terminate on September
30, 2008, with the understanding that at the end of the Agreement, the City of Miami
Beach City Commission has the authority to reappropriate any remaining unused funds.
Section 12. Termination of Agreement:
12.1 Termination fot• Convenience: The City and Provider agree that this Agreement
may be terminated 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. In the event of such termination for
convenience by either party, [he City shall cease any payments to Provider for costs
resulting from obligations, which were not properly incurred before the effective date
of termination. Additionally, Provider shall be solely responsible for submitting a
final report, as provided in Section 5 of the Agreement, detailing all Program
objectives, activities and expenditures up to the effective date of the termination.
Said "final report" shall be due within five (5) working days following the effective
date of the termination. Upon timely receipt of Provider's "final report", the City, at
its sole discretion, shall determine the amount (if any) of CDBG funds to be returned
to the City as a result of any incomplete Program items and/or items not satisfactorily
performed, and shall provide Provider with written notice of any monies due. Said
monies shall be due immediately and payable upon receipt of such notice by
Provider. Notwithstanding the preceding, the City reserves any and all legal rights
and remedies it may have with regard to recapture of the CDBG funds herein, or any
assets acquired or improved in whole or in part with said funds.
12.2 Termination for Cause: Nowithstanding Subsection 12.1 above, the City may also
place the Provider in default of this Agreement, and may suspend or terminate this
Agreement, 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 and judgement, in accordance
with the ternts of [his Agreement, or any Federal, State, County or City
statute or regulation.
b. Submitting reports to the City, which are ]ate, 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 [o 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 aforestated period,
[his Agreement shall be considered terminated for cause by [he City, without further
notice to Provider, and Provider shall be solely responsible for repayment to the City
of any or all monies disbursed to Provider under this Agreement. Said monies shall
be due immediately and payable upon receipt of notice by Provider. Notwithstanding
the preceding, the City reserves any and all legal rights and remedies it may have
with regard [o recapture of the CDBG funds herein, or any assets acquired or
improved in whole or in part with said funds.
12.3 Termination for Lack of Funds: In the event of curtailment of, or regulatory
constraints placed on the fiords by HUD, this Agreement will terminate, effective as
of the time that it is determined such funds are no longer available. Costs of [he
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 16 herein.
Section 13. 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.
Section 14. 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 [o the City and utilized by the Provider in the operation of the CDBG-funded
activity during the term of this Agreement.
Section I5. Religions 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). The Provider shall comply with First Amendment Church/State principles, as
follows:
a. 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.
b. It will not discriminate against any person applying for public services on the basis of
religion and will not limit such services or give preference to persons on the basis of
religion.
c. It will retain its independence from Federal, State, and local governments, and may
continue to carry out its mission, including the definition, practice, and expression of
its religious beliefs, provided that it does not use direct CDBG funds to support any
inherently religious activities, such as worship, re]igious instruction, or proselytizing.
d. The funds received under this Agreement shall not be used for the acquisition,
construction, or rehabilitation of structures to the extent [hat those structures are used
for inherently religious activities. CDBG fimds may be used for the acquisition,
construction, or rehabilitation of structures only to the extent that those structures are
used for conducting eligible activities under this part. Where a stnuriire is used for
both eligible and inherently religious activities, CDBG funds may not exceed the cost
of those portions of the acquisition, construction, or rehabilitation that are attributable
to eligible activities in accordance with the cost accounting requirements applicab]e to
CDBG funds in this part. Sanctuaries, chapels, or other rooms that aCDBG-funded
religious congregation uses as its principal place of worship, however, are ineligible
for CDBG-funded improvements. Disposition of real property after the term of the
grant, or any change in use of the property during the term of the grant is subject to
government-wide regulations governing real property disposition (see 24 CFR parts 84
and 85).
Section 16. Reversion of Assets: In the event of a termination of this Agreement pursuant to Section
12 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 term of this Agreement, or
for such longer period of time as determined to be appropriate by the City and as
memorialized by the City and Provider in an amendment to this Agreement or
such instrument as the City, at its discretion, determines appropriate; or
b. If not used in accordance with the above subsection (a), the Provider shal] pay to
the City an amount equal to [he current market value of the property less any
portion of the value attributable to expenditures of non-CDBG funds for [he
acquisition of, or improvement to, the property. No payment is required after the
period of time specified in subsection (a).
Section 17. Conformity to HUD regulations: The Provider agrees to abide by guidelines set forth by
the HUD for the administration and implementation of the CDBG 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 HUD shat] 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.
The Provider shall comply with the requirements and standards of OMB Circular No. A-
122, "Cost Principles for Non-profit Organizations", or OMB Circular No. A-21, "Cost
Principles for Educational Institutions" as applicable. The Provider shall comply with the
following provisions of the Uniform Administrative requirements of OMB Circular A-110
(implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and
Agreements With Institutions of Higher Education, Hospitals, and Other Non-Profit
Organizations") or the related CDBG provision, as specified in this paragraph:
a. Subpar[ A - "General";
b. Subpart B - "Pre-Award Requirements", except for 384.12, "Forms for Applying
for Federal Assistance";
c. Subpart C - "Post-Award Requirements", except for:
(I) Section 84.22, "Payment Requirements" -Grantees shall follow the standards
of 33 85.20(b)(7) and 85.21 in making payments to sub-recipients;
(2) Section 84.23, "Cost Sharing and Matching";
(3) Section 84.24, "Program Income" - In lieu of 3 84.24, CDBG sub-recipients
shall follow o 570.504;
(4) Section 84.25, "Revision of Budget and Program Plans";
(5) Section 84.32, "Real Property" - In lieu of 384.32, CDBGsub-recipients shall
follow 3 570.505;
(6) Section 84.34(8), "Equipment" - In lieu of the disposition provisions of a
84.34(8), the following applies:
a. In all cases in which equipment is sold, the proceeds shall be program
income (pro-rated to reflect the extent to which CDBG funds were used to
acquire the equipment); and
b. Equipment not needed by the sub-recipient for CDBG activities shall be
transferred to the recipient for the CDBG program orshal] be retained
_, after compensating the recipient;
(7) Section 84.51(b), (c), (d), (e), (f), (g), and (h), "Monitoring and Reporting
Program Performance' ;
(8) Section 84.52, "Finnncial Reporting";
(9) Section 84.53(6), "Retention and access requirements for records". Section
84.J3(b) applies with [he following exceptions:
a. The retention period referenced in 3 84.53(6) pertaining to individual
CDBG activities shall be four years; and
b. The retention period starts from the date of submission of the annual
performance and evaluation report, as prescribed in 24 CFR 91.520, in
which the specific activity is reported on for the final time rather than
from the date of submission of the final expenditure report for the award;
(10) Section 84.61, "Termination" - In lieu of the provisions of 3 84.61, CDBG
subrecipients shall comply with 3 570.503(6)(7); and
d. Subpart D - "After-the-Award Requirements" -except for 3 84.71, "Closeout
Procedures".
Section 18. Sponsorships: The Provider agrees that all notices, informational pamphlets, press
releases, advertisements, descriptions of the sponsorship of [he Program, research reports,
and similar public notices prepared and released by the Provider for, on behalf of, and/or
about the Program, 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 NEIGHBORHOOD
SERVICES DEPARTMENT"
shall appear in the same size letters or type as the name of the Provider.
Section 19. 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 170.203 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 benet7ciaties, where applicable.
The Provider is responsible for maintaining and storing all records pertinent [o 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 [o be kept.
Section 20. 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 [he Provider's fiscal year. The Provider shall comply with the requirements and
standards of OMB A-] 33, "Audits of Institutions of High Education and Other Non-Profit
Institutions" (as set forth in 24 CFR Part 45), or OMB Circular A-128, "Audits of State
and Local Governments" (as set forth in 24 CFR Part 44), 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.
Section 21. Indemnification/Insurance Requirements: The Provider shall indemnify and hold
harmless the City, its officers, employees and agents, 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, officers, servants, employees,
contractors, patrons, guests, clients, licensees or invitees pursuant to this Agreement
and/or the Program. 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 casts (including attorney's fees) and judgements which may issue
thereon. This Indemnification shall survive the termination and/or expiration of term of
this Agreement.
The Provider shall not commence any work and/or services 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 [he terms thereof unless a written extension of this thirty (30) day
requirement is secured from the City Administration.
The Provider shall maintain and cant' in full force during the term of this Agreement
and/or throughout the duration of the Program contemplated herein, whichever is longer,
the following insurance:
a. 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. Worker's Compensation and Employers Liability, as required pursuant to Florida
Statute.
c. 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.
d. The City of Miami Beach shall be named as an additional insured under all such
insurance contracts and City of Miami Beach Resolution No. 2008-26585 shall be
referenced in the certificate.
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 no[ 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 [o any work commencing. These
certificates will be kept on file in the Office of the Risk Manager, Third Floor City
Hall.
All insurance required by this section of the Agreement shall be and remain in full force
and effect for the entire term of the Agreement and/or throughout the duration of the
Project, whichever is greater, and each certificate or policy shall carry the provision that
the insurance shall not terminate, ]apse 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. 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.
Section 22. 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 conflichr}g interest shall be employed. The Provider covenants that it
will comply with al] provisions of 24 CFR 570.611 "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
cont7ict. The City will then render an opinion, which shall be binding on both parties.
Section 23. Venue: This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal
action is necessary by either party with respect to the enforcement of any or all of the
terms or conditions herein, exclusive venue for the enforcement of the same shall lie in
Miami-Dade County, Florida.
This Agreement shall be governed by, and construed in accordance with, the laws of the
State of Florida, both substantive and remedial, without regard to principles of conflict of
laws. The.exclusive venue for any litigation arising out of this Agreement shall be
Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern
District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT,
CITY AND PROVIDER EXPRESSLY WANE ANY RIGHTS EITHER PARTY MAY
HAVE TO A TRIAL BY JURY OF ANY CNIL LITIGATION RELATED TO, OR
ARISING OUT OF, THIS AGREEMENT.
Section 24. Notices: All notices required under this Agreement shall be sent to the parties at the
following address:
City: John Quade, Director
Housing & Community Development Division
Neighborhood Services Department
City of Miami Beach
] 700 Convention Center Drive
Miami Beach, FL 33139
Provider: Alex Rodriguez, Executive Director
Boys and Girls Clubs of Miami, Inc.
P.O. Box 330219
Miami, FL 33233-0219
Section 25. 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.
t0
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.
ATTEST: r ~ f ~~ ~~
CITY CLERK
Robert Parcber
CITY OF ML4MI BEACH, FLORIDA
Matti Herrera Bower
ATTEST:
BOYS AND CIRLS CLUBS OF MIAMI, INC.
SECRE ARY/SIGNATURE PRESIDENT/SIGNATURE
_,_7L~?2?H F1 17(~t~111.?Dti1 Alex Rodriquez-Roig
PRINT NAb1E PRINT NAIDtE
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CDBG AGREEMENT
October 1, 2007 to September 30, 2008
ATTACHMENTI
STATEMENT OF WORK AND GOALS
DESCRIPTION OF PROGRAM
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 teld trips, athletic field trips, sports,
awards, banquets, sports unifornts, trophies, league activities, and recreational activities both indoor and
outdoor.
The Boys & Girls Clubs of Miami will continue to provide a high quality afer-school care and academic
improvement program, athletic program and recreational activities, as well as an 8-week summer
program. These programs will remain open to Miatni Beach youth, ages 5-16, on a year round basis.
Over 60°/n of youth crime is committed between the hours of 2-6 p.m. With the program, the Provider
intends to decrease the number of children on the streets in [he after-school hours, as well as during the
weekends.
PROGRAM GOALS AND MEASURABLE OUTCOMES
] . To offer year-round programs, including after-school care, academic improvement and homework
assistance, organized league basketball, flag football, softball and volleyball from 2:30 p.m. to
6:00 p.m. running as long as the Miami-Dade County School session.
2. To provide seasonal sports programs structured in a format to provide year round activities seven
days a week for boys and girls, including family involvement activities during [he weekends.
3. To provide an eight-week summer program for K-8`~' grade students running from Monday to
Friday beginning at 8:30 a.m. until 5:00 p.m. This program will include recreational as well as
athletic activities and educational field trips. Meals and snacks are also provided.
4. To provide activities during Miami-Dade County teacher planning days from 8:00 a.m. to
6:00 p.m.
5. To provide educational and/or athletic field trips.
SCHEDULE FOR IMPLEMENTATION
Goal 10/2007 11/2007 !2/2007 1/2008 2/2008 3/2008 4/2008 5/2008 6/2008 7/2008 8/2008 9/2008
1 X X X X X X X X X X X X
2 X X X X X X X X X X X
3 X X X
4 X X X X X X
5 X X X
P:'.neig\BSG<D~MF.RCI9CONTRACTS\0]-OR\aOVS AND GIRLS CLIi B':4uaM1mem Ldoe
Page 1 of 1
Activity Name: Miami Beach Capital Proliram Funding Year 2007-08
Agency Name: Boys & Girls Clubs of Miami Inc
CDBG Request Amount
Category Other Funds Source of Other Funds Total Funds
(Be Specific)
Personnel -Salaries $ p SO $ 0
Operating $ 0 $0 $ 0
Capital /Equipment $300,000 $2,700,000 United Way, Fisher $3,000,000
Costs Island Philanthropic
Fund, Boys & Girls
Clubs' Fundraising
Other (Specify)
Other (Specify) -
Total CDBG Request $ 300,000
Total Other Funds $2,700,000
Grand Total
$3,000,000
A)-Of the funding request above, what is the amount for OPERATRVG COSTS (do not include salaries and
fringe benefits)? $ 300.000
B)-Of the funding request above, what is the amount for PERSONNPL COSTS (include only salaries and
fringe)? $ 0
C)-Of the funding request above, what is the percentage for ADMINISTRATIVE COSTS (divide B/A):
0
BUDGET ITEMIZATION SHEET
Activity Name: Miami Beach Capital Program Funding Year 2007-08
Agency Name: Boys & Girls Clubs of Miami Inc.
lletail/Itemization ofsub-category CDBG Other Funds Total Funds
General Construction Costs: Cement,
Mortar, Electrical, Plumbing, Air
Conditioning, Furniture, Labor, etc. $27,000 $2,655,000 $2,930,000
Americans with Disabilities Act
Compliance $15,000 $15,000 $30,000
Permitting, Licenses & Miscellaneous
Expenses $ ] 0,000 $30,000 $40,000
Total Amount $ 300,000 $ 2,700,000 $ 3,000,000
CDBC AGREE~ti(ENT
October 1, 2007 to September 30, 2008
:~TTACHivIENT III
GU[DEL[NES FOR FINANCIAL ~L4NAGEVIEYT OF CDBG-FUNDED ACTIVITIES
FINANCIAL NIANAGEbIENT SYSTErV[
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.
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 CDBC funds for the operating agency.
Si?PPO12T FOR EXPENDITURES
Sufficient support for expenses depends on [he type of expenditw e. They normally include the following
items:
Salaries (should be supported by proper documentation in personnel files of hire date, position,
duties, compensation, raises with effective date, termination date, and similar type infotmation. Non-
exempt employees are required bylaw to complete a timeshee[ showing number o£ hours they worked
during the day. 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 f Ies J
• Employee Benefits (should be supported by personnel policies and procedures manual, describing
the types of benefits, eligibility and other relevant information.)
• Professional Services (should be supported by a complete and signed copy of the contract between
the organization and the independent contractor, describing at the minimum, period of service, type of
service and method for payments, in addition to the invoice from the private contractor.)
Purchases (at a minimum, purchases should be supported by a purchase order, packing list and
vendor invoice. Credit card statements, trove! itineraries, vendor statements, and similar items do not
represent support for an expense.)
Page I oF2
RrcoaDs
Accountin, rewrds 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 fur 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. Financial records arc to be retained for a
period of four years, with access guaranteed to the City, to HUD or Treasury officials or their
representative.
AUDITS
For years beginning after June 30, 1996, all nonprofit organizations, state governments, and local
governments that receive Federal funding fall under the revised OMB Circular A-133, Audits of States,
Local Governments, and Nonprofit Organizations. Non-Federal entities that expend $300,000 or more in
a year in Federal awards must have a single or program-specific audit.
One copy of the sub-recipient or vendors' audited financial statement shall be submitted to the City
immediately following the end of the fiscal year(s) during which CDBG funds are received.
All audi[ees must submit [o [he Federal Audit Clearinghouse (FAC) a data collection form (Form SF-
SAC) and reporting package upon completion of the annual audit in accordance with OMB Circular A-
133. The deadline for this submission is the earlier of the 30 days after receipt of the auditor's report(s),
or nine months after the end of the audit period, unless a longer period is alneed to in advance by the
cognizant or oversight agency for the audit. Address for submission is:
The Federal Audit Clearinghouse
1201 E. 10°i Street
Jeffersonville, IN 47]32
Phone (301) 457-1551 or (800) 253-0696
Email: eov.facOcensus~
Web: http~//harvester census eov/sac
REQUESTS F012 PAYMENTS
Payments to sub-recipients will be on a reimbursement basis. Requests are [o 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. All requests must be submitted [o:
John Quade, Director
FIousing and Community Development Division
City of Miami Beach
Neighborhood Services Department
1700 Convention Center Drive
Miami Beach, Fierida 33139
E'•nciy115GCD~ME14:4~CDNTRdCTS'-.m+)tl\AUachncm ^1 CDfIG.~toc
Page 2 of 2
CMB budget Account 1315473.000346 iVlonth/Year
C[TY OF MIAMI BEACH
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FINANCIAL STATUS REPORT
Provider: Boys and Girls Clubs of Miami, Inc. Project Name: Capital Improvement Can
Reporting Period: Date Submitted:
CDBG Year 33
FY 2007/2008 $200~00~
Budget Amount
Month This Month Year to Date Balance
Oct-07 $ - $ - $ 200,000.00
Nov-07 $ - $ - $ 200,000.00
Dec-07 $ - $ - $ 200,000.00
Jan-08 $ - $ - $ 200,000.00
Feb-08 $ - $ - $ 200,000.00
Mar-08 $ - $ - $ 200,000.00
Apr-08 $ - $ - $ 200,000.00
May-08 $ - $ - $ 200,000.00
Jun-08 $ - $ - $ 200,000.00
Jul-08 $ - $ - $ 200,000.00
Aug-08 $ - $ - $ 200,000.00
Sep-08 $ - $ - $ 200,000.00
This Request
Attached you will find original invoices or canceled checks plus copies of paid invoices to substantiate
the above expenditures. I certify that all goods and services have been received, that they all fall within
the contractual scope of services and budget, and that these costs have not been paid previously by any
other funding source. I certify that substantially al] program income received has been. disbursed or
will be disbursed within 3 days of this request, in accordance with the provisions at 24 CFR 570.504
and that the amount of this request is additionally needed to pay invoices as listed.
Authorized Signature Name and Title of Person Submitting Report
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C'llBG ~\GI2EE~IEYT
October I, 2007 to September 30, 2003
:\TTACH~fEN1' IV
:\PPLIC.4BLE FEllER.-1L REGULATIOivS
NON-DISCItIiVtiVATION AND EQUAL ACCESS
No person in the United States shall nn the grounds of race, color, national origin, religion arses
he excluded, denied benefits or suhjected to discrimination under any program funded in whole or
in part by CDBG funds. The Provider must take measures to insure 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 seg ): States that no
person may be excluded from partictpat~on m, denied the benefits of, or subjected [o
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 for HUD programs may be found in 24 CFR Part 1.
• The Fair Housine Act (42 USC 3601-3620j: 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 of familial status. Fair
Housing Act implementing regulations may be found in 24 CFR Part 100-I 15.
• Equal Opportunity in Housine (Executive Order 11063 as emended by Executive Order
122591. Prohibits discnmmahon against mdrnduals on the basis of race, color, religion, sex
or national origin in [he 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 maybe found in 24 CFR Part 107.
• Age Discrimination Ac[ of 1975 As Amended (42 USC 61011: Prohibits age discrimination
m programs receiving Federal financial assistance. Age Discrimination Act regulations may
be found in 24 CFR Part 146.
• Section 109 of Title I of the Housine and Community Development Ac[ of 1974: Requires
that no person shall be excluded from panc~ipation in, denied the benefits of, or be subjected
to discrimination under any program or activity funded with CDBG funds on [he basis of
race, color, religion, national origin or sex.
Affirmative Marketing
The Provider must adopt affirmative marketing procedures and requirements for all CDBG-
assis[ed housing with five or more units. Requirements and procedures must include:
• ivtethods for informing the public, owners and potential tenants about fair housing laws and
the Provider's policies (for example: use of the Fair Housing logo or equal opportunity
language); ~
• A description of what owners and,!or the Provider will do to aflirmatively market housing
assisted with CDBG funds;
Paoe i of 7
+ r\ description of what owners andior the Provider will do to inform persons not likely to
apply tilt housing without special am each;
• iV[aintenance oPrecords to document actions taken to affirmatively market CDBG-assisted
units and to assess mm ke[ing effectiveness; and
• A description of how efforts will be assessed and what co~Tective 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 ~ 18 and ~~5): 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 AD.4 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 Housing Act: Multi-family dwellings must also meet the design and construction
requirements at 24 CPR 100.205, which implement the Fair Housing Ac[ (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 [hat "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 [hat 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 [he 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 [he 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 4151-41571: 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.
II. EivIPLOYti[ENT AIVD COtr'TRACTIYG
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 EmoloYment Oooortunity Executive Order 1 146 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
Pave 2 of 7
all construction contracts exceeding 510,000, hnplementing regulations ntay be found a[ 4 f
CFR Part (i0.
Section 3 of [he I[qusinR vtd Urban Development Act of 1968: Requires that, to the greater
extent feasible, opportunities for training and employment arising from CDBG funds wit( be
provided to low-income persons residing in [he progrtm sen~ice 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 area.
• Nlinorirv/Women's Business Ente rise: Under Executive Orders 11625, 12432 and L138,
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 far
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
[hat 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 darnages where violations occur. This act also addresses safe and healthy working
conditions.
• Copeland (.Anti-Kickback) Ac[ (40 USC 276c): Governs the deductions from paychecks that
are allowable. Makes i[ 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.
• Pair Labor Standards Act of 1938 As Amended (29 USC 20l et sea ): 1stablishes the basic
mmtmum 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 tabor 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 [o avoid hiring debarred or suspended contractors or subrecipients
and contlict-of-interesLsitttations. Each is briefly discussed belo~a•.
• Procurement: For the City, the procurement standards of 24 CFR 35.36 apply. For non-profit
organizations receiving CDBG-funds, [he procurement requirements a[ 24 CFR Part 84 apply.
Conflict of Interest The CDBG regulations require grantees (the City), state recipients and
subrecipients (the Provider) to comply with hvo different sets ofconflict-of-interest
provisions. The first set of provisions comes from 24 CFR Parts 84 and 85. The second,
Page 3 oF7
which applies only in case not covered by ? }CPR Parts 84 anti 8~, is set forth in the CDBG
regulations. Both sets of requirements are discussed below.
- The provisions at 24 CPR 8d.J6 and 2~1 CPR 84.42 apply in the procurement of property
and services by grantees (the City), state recipients-, and subrecipients (the Providerj.
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 ifa
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 [he following has a financial or other interest in a
firm selected for an aevard:
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 570.61 I 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 of the grantee (the City),
state recipient or subrecipienl (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.
This requirement applies to covered persons during their tenure and for one year after
leaving the grantee (tlae City), the state recipient or subrecipienl (the Provider) entity.
Upon written request, exceptions to both sets of provisions may be granted by fND on a
case-by-case only after the Ciry has:
- Disclosed the full nature of the cont7ict 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 ifthe exception were granted. _
Debarred contractors: In accordance with 24 CFR Part 5, CDBG funds may not be used to
directly or indirectly employ, award 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
Page ~ of 7
contractors or subreciptenu against the; Federal pubhratiun [h;ll lists deban~ed, suspended and
ineligible contractors.
[[I. ENVIROiYiv[ENTAL REQU[RE.~IEN"CS
The City is responsible for meeting a number of environmental requirements, includim~
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 CDBG funds are committed for non-
exempt activities. Private citizens and organizations may object to the release of funds for CDBG
projects on certain procedural grounds relating to environmental review (see 24 CFR 58.70 -
~8.77). 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 41061: Requires that CDBG
tunds shall not be provided [o 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 Plood insurance is obtained.
Iy'. LEAD-B ASED PAINT
On September 15, 1999, the "Requirements for Notification, Evaluation and Reduction of Lead-
Based Paint Ilazards 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 ILazard Reduction Act of 1992, which is T'ifle X (ten) of the Housing and
Community Development Act of 1992. Sections 1012 and 1013 of Title X amended the Lead-
Based Paint Poisoning Prevention Act of 1971, which is the basic law covering lead-based paint
in federa]ly 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 [he home is lead-safe. Specific requirements depend
on whether the housing is being disposed of or assisted by the federal government, and also on
the type and amount of financial assistance, the age of the structure, and whither the dwelling is
rental or owner occupied.
PROPERTY EXEMPT FROM LEAD-BASED PANT REGULATION.
• Housing built since January 1, 1978, when lead paint was banned for residential use
• Housing e::clu;ively for the elderly- m people with disa'oiiities, unless a child under age 6 is
expected to reside there
• Zero-bedroom dwellings, including efticiency apartments, single-room occupancy housing,
dorTnitories or military barracks
• Property that has bzen found to be free of lead-based paint by a cenifted lead-based paint
inspector
• Property where all lead-bused paint has been removed
Page 5 of 7
Unoccupied housing that will remain vacant until dzmolished
Non-Residzntial property
f\ny rehabilitation or housing improvement that does not disturb a painted surface
V,
VI.
• Public housing
TYPES OF (LOUSING SUBJECT TO 24 CFR 35
• Federally-Owned housing being sold
• Housing receiving a federal subsidy [hat is' associated with the property, rathzr than with the
occupants (project-based assistance)
• housing occupied by a family (with a child) receiving tenant-based subsidy (such as a
voucher or certiticate)
• 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 a[ (800) 424-LEAD, or TDD (800) 526-5456 for the hearing impaired. You
can also download the regulation and other educational materials at
htro:~/~ryvw.hud Gov/offices/lead index efm. For further information, you may call HUD at (202) 755-
1785, ext. 104, or e-mail HUD a[ lead reeulations(a`hud ew.
DISPLACEMENT, RELOCATION, ACQUISITION AND REPLACEMENT OF
HOUSING
CDBG projects involving acquisition, rehabilitation or demolition may be subject to the
p: ovisions 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 Amendment" requirements.)
COMPLIANCE WITH 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 providz 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.
Lotiv and ivloderate Household Income Limits (Effective 03/20/2007) (Source: U.S.
Department of Housing & Urban Development) (Note: Low-Income (80% of Median Income),
Very Low-Income (50 % of Median Income), Extremely Low (30% oFMedian Income), Median
Family Income FY 2007: $45,200)
Household Size Extremely Low Very Low-Income Low-Income
30% of Median 50% of Median 80% of Median
1 Person $12,450 $20,750
$33
200
2 Person I $14,250 523'/00 ,
$37
)50
3 Person $116,00 $26,700 ,
$42
700
4 Person 517„800 $29,650- ,
547
40
5 Person $19,200 532,000 ,
$51
250
6 Person $20,650 $34,400 ,
$55
050
7 Person $22,Oj0 $36,750 ,
$53
850
3 Person $23,500 _ $39,150 ,
r<, «„
Page 6 of 7
Census
40.00-5
41.01-1
4LOl-2
4 LOl-3
42
43
44
45
TOTAL
39.01-1
39.01-2
39.0 I -3
39.01-4
39.01-5
3 9.01-6
39.02- l
39.02-2
39.02-3
39.02-4
39.05-2
39.05-4
LOW/MOllE12.~TG CVCOv~IE DAT:~
SOUTHEILV T:~RCE"C AREA
Total L/i~( Persons Total Pcrsor
310 448
614 757
,137 4,002
810 1,511
1,042 13,736
0,774 13
1,768 2
3,183 ac
"b~ Lorv/;
69.20
81.1 I
53.40
53.61
73.11
70.21
81.35
NORTHERN TARGET AREA
T
Fneig:H~GCD~sI[RC`GCONTIL{CTS'°)-ptl\Anxhmcm Iv CD13QJOc
603 1,036 58.20 V
620 836 74.16
407 468 86.97
518 772 67.10
1,593 2,256 70.61
],581 2,240 70.58
704 897 78.48
876 1,187 73.80
211 211 100.00
1,564 2,097 74.58
2,408 3,346 71.97
2,401 3,071 78.18
;,677 12000 72% L/hT
PegC 7 of 7
CERTIFICATION OF CDBG-FUNDED
CONSTRUCTION/REHABILI'CATION PRO.IECTS
If the Provider anticipates using CllBG funds for construction or rehabilitation, the following
federal and City of Miami Beach requirements must he acknowledged:
A. All constmction or rehabilitation plans and specifications for the project must be approved by the
city's departments of Planning, Neighborhood Services, Public Works, Building, Code Compliance,
and Fire. If the project is located in the Miami Beach Architectural District, or affects a building
listed or eligible for listing on the National Register of }Iis[oric Places, all plans and specitications
must be approved by the State Historic Preservation Office (SHPO), in accordance with the
Memorandum of Understanding between [he SHPO and the City.
B. The City shall not be obligated to pay any fimds to the project prior to the completion by the City of
an environmental review of the project, and said review is approved by any government agencies as
may be required by law.
C. The Provider will assure all wages paid to construction workers by i[ or its subcontractors are in
compliance with federal, state and local labor requirements. The Provider agrees to include in die
construction bid specifications in connection with this agreement the applicable Federal Wage
Determination assigned to this project by HUD. The Provider must also inform his
cone actor/subcontractors that they will be required to submit documents after achy-conducted pre-
construction conference and prior to construction. Weekly and/or monthly reports must be
submitted thereafter, as required by the federal government.
D. The Provider agrees to comply with, and to assure that its subcontractors comply with, the federal
Office of Management and Budget (OMB) Circular Number A-102 Attachment E for programs
funded in whole or in part by CDBG funds; with federal OMB Circular A-102 Attachment O for
the procurement of supplies, equipment, construction and services; and with Federal Management
Circular A-87; or any other applicable OMB circular
E. Pursuant to Section 109 of [he Act, the Provider specifically agrees that no person shall be denied
the benefits of the program on the grounds of race, color, sex, religion or national origin.
F. The Provider agrees, on its own behalf and on behalf of its contractors and subcontractors, to take
affirmative action in attempting to employ low income and minority persons, as mandated by law.
G. As required by OMB Circular Number A-102, and by Florida Statutes Section 287.055,
professional services must be competitively. selected. The competitive selection process must
include a public advertisement; issuance of a request for proposal and a competitive review based
on uniform criteria. Selection criteria must consider the basic qualifications, professional
competence, experience and suitability of each firm. Fees for professional services must be
requested as a fixed sum and not stated as a percentage of construction costs.
H. All documents, bid specifications, notices and constmction drawings must be submitted for the
review and approval of the Neighborhood Services llepartment prior to public advertisement.
1. The bidding process for construction contracts mu [ include a formal advertisement, published in
The Miami Review; Dod¢e Reports and The Miami Builder's Erchanee. This announcement must
include the following:
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The date, time and place that bid documents are available, and the same information for
any pre-bid conferences- and receipt of bids.
2. The requirement of bid surely in the amount of [en percent (10%) of the bid, and a
perfoimancc and payment bond equal to 100% of the award.
3. A standard statement regarding the "in whole or in par[" federal Funding of the project
and the various applicable federal regulations.
J. The City reserves the right to be present at the time of bid openings. If City CDBG monies are [he
sale funding source, the City may require that bids be received and opened by [he City's
Procurement Department.
K. The Provider agrees to submit to the City's Neighborhood Services Department all documentation
of the steps followed in the selection of professional services and construction contracts.
L. The Provider agrees to specify a time of completion and include a liquidated damage clause in all
construction contracts. Cost plus a percentage of cost, and percentage of construction cost contracts
will no[ be permitted.
M. If the Provider is awarded CDBG funds, other conditions and requirements will be specified in the
funding agreement.
N. The Provider agrees that it will not start construction until an official "Notice to Proceed" has been
issued.
O. Pursuant to 570.608 of the CDBG Regulations, and the new provisions in the Economic and
Community Development Act of 1974 as amended, the Provider agrees [o comply with the
inspection, notification, testing and abatement procedures concerning lead-based paint.
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.
BOYS AND GIRLS CLUBS OF MIAMI, INC.
~ `~~
Signature
3/04/08
Date
Alex Rodriguez-Roig
Print Name of Authorized Signab
Executive Director
Print Title of Authorized Signatory
Page 2 of 2
CERTIFICATION OF
LEAD BASED PAINT REQUIREMENTS
APPLICABILITY:
A. The lead based paint rule applies to CDBG-fimded housing activities involving construction,
purchase and rehabilitation.
B. The following housing rehabilitation activities are excepted:
1. Emergency repairs (but not lead based paint-related emergency repairs)
2. Weatherizing
3. Water and/or sewer hookups
4. Installation of security devices
5. Facilitation of tax exempt bond issuances for funds
6. Other single-purpose activities that do not include physical repairs or remodeling of
applicable surfaces
7. Other activities that do not involve applicable surfaces and do not exceed $3,000 per unit.
INSPECTION AND TESTING REQUIREMENTS
The Provider shall be required [o test the lead content of chewable surfaces of an apartment
building to be rehabilitated, if there is a family residing in one of [he units with a child under seven years
of age with an identified elevated blood level condition (concentration of lead in blood of 25 micrograms
per deciliter or greater) and the building was constructed prior to 1978.
Chewable surfaces are defined as all exterior surfaces of a residential structure, up to five fee[ from
the floor or ground, such as: a wall, stairs, deck, porch, railing, windows or doors that are readily
accessible to children under seven years of age, and all interior surfaces of a residential structure.
Lead content shall be tested by using an x-ray fluorescence analyzer or other method approved by
HUD. Test readings of 1 mg/cm or higher shall be considered positive for presence of lead based paint.
REQUIRED TREATMENT•
Treatment of lead based paint conditions must be included as part of the proposed rehabilitation
work. All chewable surfaces in any room found to contain lead based paint must be treated before final
inspection and approval of work. Similarly. all exterior chewable surfaces must be treated when they are
found to contain lead based paint.
Minimum treatment involves covering or removing the painted surfaces. Washing and repainting
without thorough removal or covering does not constitute adequate treatment.
Page 1 oft
Covering can be achieved by adding a layer of gypsum wallboard oi' fiberglass cloth barrier.
Depending on the wall condition, permanently attached, non-strippable wallpaper may be applied.
Covering or replacing trim surfaces is also permitted.
Removal can be accomplished by scraping, heat treatment (infrared or coil type heat guns) or
chemicals. Machine sanding and propane torch use are not allowed.
I hereby acknowledge that I have read the specific requirements for lead based paint
contained in this Certification, and understand that my organization's project eligibility depends
upon compliance with the requirements contained in this document.
BOYS AND GIRLS CLUBS OF MIAMI, INC.
Signature
Alex Rodriguez-Roig
Print Name of Authorized Signatory
Date
3/04/08
Executive Director
Print Title of Authorized Signatory
Page 2 of 2
CERTIFICATION REGARDING LOBBYING
Name of Recipient: CITY OF MIAMI BEACH
Name of Sub-recipient: BOYS & GIRLS CLUBS OP N11AM1, INC.
Grant Program Name: COMMUNITY DEVELOPMENT BLOCK GRANT
Grant Number: B-07-MC-12-0014
CFDA Number/'Titie: 14218 /COMMUNITY DEVELOPMENT BLOCK GRANT
Date: March 4, 2008
The undersigned certifies, to the best of his or her knowledge and belief, that:
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 gran[,
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, gran[, 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, gran[, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance
with its instructions.
The undersigned shall require that the language of this certification be included in [he 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.
BOYS & GIRLS CLUBS OF MIAMI, INC.
~~
Signature
Alex Rodriguez-ROig
Print Name of Authorized Signatory
3/04/08
Date
Executive Director
Print Title of Authorized Signatory
Page 1 of I
CERTIFICATION
Name of Recipient:
Name of Sub-recipient:
Grant Program Name:
Grant Number:
Date:
CITY OF N11AN11 BEACH
BOYS AND GIRLS CLUBS OF M[AM1, INC.
COMMUNITY DEVELOPMENT BLOCK GRANT
B-07-MC-12-0014
March 4, 2008
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. All construction or rehabilitation plans and specifications for the project must be approved by the
City's departments of Planning, Public Works, Fire and Building, and by the City's divisions of
Community Development and Code Compliance.
Z. If the project is located in the Miami Beach Architectural District, or affects a building listed or
eligible for listing on the National Register of Historic Places, all plans and specifications must be
approved by the State Historic Preservation Office (SHPO), in accordance with the Memorandum of
Understanding between the SHPO and the City.
3. The Sub-Recipient certifies that it intends to comply with efforts to identify, evaluate and
appropriately condition project activities to avoid, minimize or mitigate adverse project impacts to
any properties listed, or which satisfy the criteria of eligibility for listing (36 CFR 60.4), in the
National Register of Historic Places.
4. Name and telephone number of individual designated to fulfill these conditions (include street
address, city, county, state, zip code and area code):
Alex Rodriguez-Roig, Executive Director
Boys & Girls Clubs of Miami-Dade, Inc.
2805 SW 32nd Ave., Miami, FL 33133
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.
Boys and Girls Clubs o(Miami, Inc.
~j~
Signature
Alex Rodriquez-Roig, Executive Director- 4/04/RA'
Print Name and Title of Authorized Signatory Date
F lneiy\HSO-[D`dn[RCY`[ONTR,1[TS',o~-nR'dlOYS .W D G10.tS [ WB`.[crtificn\ians [oncv Joc
Page 1 of I
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
Name of Recipient: CITY OF MIAMI BEACi-I
Name ofSub-recipient: BOYS & GIRLS CLUBS OF M1AM[, INC.
Grant Program Namc: COMMUNITY DEVELOPMENT BLOCK GRANT
Grant Number: B-07-MC-12-0014
CFDA Number/Title: 14218 /COMMUNITY DEVELOPMENT BLOCK GRANT
Date: March 4, 2008
The Provider shall insert in the space provided below the site(s) expected to be used for the performance
of work under [he grant covered by the certification:
Place of Performance (include street address, city, county, state, zip code for each site):
1200 Michictan Avenue
Miami Beach, FL 33139
BOYS & GIRLS CLUBS OF MIAMI, INC.
~ 2 ~~
Signature
Alex Rodriguez-Roiq
Print Name of Authorized Signatory
3/04/08
Date
Executive Director
Print Title of Authorized Signatory
Page I of I
ACKNOWLEDGEMENT OF DISABILITY NONDISCRIMINATION AFFIDAVIT
CUNTRACT REFERENCE CDBG CONTRACT YEAR 33, Fiscal Year 2007/2008
NAME OP FIRM, CORPORATION, OR ORGANI"CATION BOYS & GIRLS CLUBS OF MIAMI, 1NC
AUTHORIZED AGENT COMPLETING AFFIDAVIT Frank Saavedra
POSITION Director of Grants Development PHONE NUMBER (3~[ 5) 446-9910
1, Frank Saavedra ,being duly first sworn state:
That the above named form, corporation or organization is in cmnpliance 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, ]04 Stat 327, 42 U.S.C.
12101-12213 and 547 U.S.C. Sections 225 and 611 including Title I, Employment; Tittle lI,
Public Services; Title III, Public Accommodations and Services Operated by Private Entities;
Title N, Telecommunications; and Title V, Miscellaneous Provisions.
The Rehabilitation Act of 1973:29 U.S.C. Section 794.
The Federal Transit Act, as amended: 49 U.S.C. Section 1612.
The Pair Housing Ac[ as amended: 42 U.S.C. Section 3601-3631.
3/04/08
Signature ~ Date
SUBSCRIBED AND S WORN TO (or affirmed) before me on ~~-~+~ y t 2~Q~ by
(Date)
Frank Saavedra He/She is personally known to me or has
(Affiant)
presented
(Type of identification)
A ~d~
If -~
(~ lgnatureofNotary)
as identification.
N" glary aublio Stata o1 Florida
g~'r~ gaeuel Pemandez
y _ ~ My Cmnmisaion DD509180
(Serial Number)
(Print or Stamp Name of Notan~) (Expiration Datel
Notary Public (State) Notary Seal
The City of Miami Beach will not award a contract [o any firm, corporation or organization that fails [o
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.
F neiy'HSGCDuItERCY'~CON I RACI'SlOZpe'BDYS AND GIRLS CLli9~Ccnlfcaiiunzdac
Page 1 of I