HomeMy WebLinkAboutExhibit SUB'56t6 s'A
Attachment "A"
City of Miami Department of Community Development 'cJ./h� omvL -e f
Community Development Block Grant ("CDBG") . tet- w'C�
Public Service Funding Recommendations 2010-2011 Gtr r�Lt.rt
Organization
Total 2010-2011 CDBG
Regis House, Inc.
funding recommendation
Allapattah Community Action, Inca
$296,035
Aspira of Florida, Inc.
$11,625
Association for the Development of the
$44,625
Exceptional, Inc.
__ $90,000
Belafonte Tacolcy Center, Inc.
$6,000
The Sundari Foundation, Inc
$81,675 _
Catholic Charities of the Archdiocese of Miami,
$6,525
Inc. - Centro Hispano Catolico Child Care Center
$15,000
Catholic Charities of the Archdiocese of Miami,
$7,650
Inc. - Notre Dame Day Care Center
$21,300 _
Catholic Charities of the Archdiocese of Miami,
$14,475
Inc. - Services for the Elderly - GESU'
$7,500
Catholic Charities of the Archdiocese of Miami,
$16,781
Inc. - Sagrada Familia Child Care Center
$1,342,634
Centro Mater Child Care Services, Inc.
_ $35,063 _
Curley's House of Style, Inc. - Elderly Meals
$34,875
De HostosSenior Center, Inc.
$102,750
_
Fanm Nan A isy yen Miyami, Inc. _ _
$11,250
Fifty Five Years & Up, Inc. _ _
$16,088
Josefa Perez de Castano Kidney Foundation, Inc.
$9,375
KIDCO Child Care, Inc.
$22,500
Libert Cy ity Optimist Club of Florida, Inc.
$26,250
Little Havana Activities & Nutrition Centers of
$202,729
Dade County, Inc.
Our Child Care, Inc. - Our Little Ones Learning
Center
$14,700
Regis House, Inc.
$4,500
Sisters and Brothers Forever, Inc.
$22,500
Southwest Social Services Program, Inc.
$112,500
St. Alban's Day Nursery, Inc.
$23,250 _
_
Sunshine for All, Inc.
__ $90,000
__
The Alternative Programs, Inc.
---$15,338
The Sundari Foundation, Inc
$81,675 _
Theodore Roosevelt Gibson Memorial Fund,
Inc. - Thelma Gibson Health Initiative
$14,025
Urgent, Inc.
$15,000
World Literacy Crusade of Florida, Inc.
$15,615
Youth of America, Inc.
$21,300 _
Helping Hands Youth Center, Inc.
_ $11,250
Miami's River of Life, Inc.
$7,500
Community Development Reserve Account
(Dilstrict 3)
$28,887
Total
$1,342,634
Little Havana Activities &'Nutrition Centers of
Dade County, Inc. (transferred $5,000 from
Mayor's Poverty Initiative for elderly feeding of
UTD
$5,000
$1,342,634
Notes
Attachment "A"
City of Miami Department of Community Development
Community Development Block Grant ("CDBG")
Public Service Funding Recommendations 2.010-2011
�M
CITY OF MIAMI, FLORIDA
DEPARTMENT OF COY81UNITY DEVELOPMENT
PUBLIC SERVICES AGREEMENT
SERVICES
This Agreement (hereinafter the "Agreement") is entered into this _ day of
, 2010, between the City of Miami, a municipal corporation of the .State of
Florida (hereinafter referred to as the "CITY"), and , a Florida not for profit
corporation (hereinafter referred to as the "SUBRECIPIENT").
FUNDING SOURCE: Community Development Block Grant ("CDBG")
AMOUNT: $
TERM OF THE AGREEMENT: Effective date of this AUeement shall be the latter of
October 1, 2010 or the date that the City Clerk attests the
signature of the CL Manager through June 30, 2011 with
the City of Miami retainingthe he option to extend the term
hereof for a period not to exceed one (1) year, subject to
extension of Program availability and appropriation of
rant funds.
PROJECT NUMBER:
ADDRESS:
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein set
forth, the parties understand and agree as follows;
I�s'`�u iso
ARTICLE I
EXHIBITS AND DEFINITIONS
1.1 EXHIBITS. Attached hereto and forming a part of this Agreement are the following
Exhibits:
Exhibit A
Corporate Resolution Authorizing Execution of this Agreement
Exhibit B
Work Program
Exhibit C
Compensation and Budget Sun -unary
Exhibit D
Certification Regarding Lobbying.F'orm
Exhibit E
Certification Regarding Debarment, Suspension and other
Responsibility Matters (Primary Covered Transactions Form)
Exhibit F
Crime Entity Affidavit
Exhibit G
Insurance Requirements
1.2 DEFINED TERMS. As used herein the following terms .shall mean:
Act OR 24 efr 570: Title I of the Housing and Community
Development Act of 1974, as amended.
Agreement Records: Any and all books, records, documents,
information, data, papers, letters, materials, and
computerized or electronic storage data and media,
whether written, printed, computerized, electronic
or electrical, however collected or preserved, which
is or was produced, developed, maintained,
_ ........... .....................cnmpleted,....received._...or- ._compiled . by--or.......at_...the__.......
direction of the SUBRECIPIENT or any
subcontractor in carrying out the duties and
obligations required by the terms of this Agreement,
including, but not limited to, financial 'books and
records, ledgers, drawings, maps, pamphlets,
designs, electronic tapes, computer drives and
diskettes or surveys.
2
CDBG Program: Conununity Development Block Grant Program.
CDBG Re uic cements: The requirements contained in 24 CFR Part 570,
Rule 91 of the Florida Administrative Code and as
established by the City of Miami, Florida.
Department; The City of Miami Department of Community
Development.
Federal Award: Any federal funds received by the SUBRECIPIENT
from any source during the period of :time in which
the SUBRECIPIENT is performing the obligations
set forth in. this Agreement.
Law -and -Moderate A member of a low- or moderate -income household
Income Person: whose income is within specific income levels set
forth by U.S. HUD.
U.S. IIUD or HUD: The United States Department of Rousing and
Urban Development.
ARTICLE IX
BASIC R WIUIREM ENTS,
The following documents inust be approved by the CITY and must be on file with the
Department: prior to the CITY's execution of this Agreement:
2.1 The Work Program submitted by the SUBRECIPIENT to the CITY vrhich shall become
attached hereto as Exhibit "B" to this Agreement and shall include the following:
2.1.1 The description section shall detail the activities to be carried out by the
SUBRECIPIENT. It should specifically describe the activities to be carried out as
a result of the expenditure of CDBG Funds. Where appropriate it should list
measurable objectives, define the who, what, where and when of the project, and
3
in general detail how these activities will ensure that the intended beneficiaries
will be served.
2.1.2 The schedule of activities and measurable objectives play an essential role in the
grant management system, The schedule should provide projected milestones and
deadlines for the accomplishment of tasks .in carrying out the Work Program.
These projected milestones and deadlines are a basis for measuring actual
progress during the term of this Agreement, These items shall be in sufficient
detail to provide a sound basis for the CITY to effectively monitor performance
by the SUBRECIPIENT under this Agreement,
2,2 The Budget Summary attached hereto as Exhibit "C", including the SUBRECIPIENT's
Itemized Budget, Cost Allocation, Budget Narrative, Staff Salaries Schedule and a copy
of all subcontracts.
2.3 A list of the SUBRECIPIENT's present officers and members of the Board (flames,
addresses and telephone numbers).
2.4 A list of key staff persons (with their titles) who will carry out the Work Program.
2,5 Completion of an Authorized Representative Statement,
2.6 Completion of a Statement of Accounting System.
2.7 A copy of the SUBRECIPIENT's corporate personnel policies and procedures.
2.8 Job description and resumes for all positions funded in whole or in part under this
Agreement,
2.9 Copy of the SUBRECIPIENT's last federal income tax return. (IRS Form 990).
2.10 The following corporate documents;
Bylaws, resglutions,. and_.incumbency_ certificates,.for_the_SUBRECIP;T)1NT,.....__......... -
certified by the SUBRECIPIENT's Corporate Secretary, authorizing the
consummation of the transactions contemplated hereby, all in a for n
satisfactory to the CITY.
2,11 ADA Certification,
2.12 Drug Free Certification,
2.13 All other documents reasonably required by the CITY.
4
ARTICLE III
TERMS AND PROCEDURES
3.1 CITY AUTHORIZATION:
For the purpose of this Agreement, the Department will act on behalf of the CITY in the
fiscal control, programmatic monitoring and modification of this Agreement, except as otherwise
provided in this Agreement.
3.2 EF'F'ECTIVE DATE AND TERM;
Effective date .of this Agreement shall be the latter of October 1, 2010 or the date that the
City Clerk attests the signature of the City Manager through June 30, 2011, with the City of
Miami retaining the option to extend the term hereof for a period not to exceed one (1) year,
subject to extension of Program availability and appropriation of grant funds,
3.3 OBLIGATIONS OF SUBRECIPIENT;
The SUBRECIPIENT shall carry out the services and activities as prescribed in its Work
Program, which is attached and incorporated herein and made a part of this Agreement, in a
manner that is lawful, and satisfactoiy to the CITY, and in accordance with the written policies,
procedures, and requirements as prescribed in this Agreement, and as set forth by HUD and the
CITY.
3.4 POLICIES AND PROCEDURES MANUAL;
The..,_,SU$RECIPIENT. is._aware. of
Community Development Block Grant Subrecipients as the official document which outlines the
fiscal, administrative and federal guidelines which shall regulate the day-to-day operations of the
SUBRECIPIENT. The Policies and Procedures Manual for Community Development Block
Grant Subrecipients is incorporated .herein and made a part of this Agreement. The City of
Miami reserves the right to update this Policies and Procedures Manual via Program Directives.
These Program Directives and updated versions of this Policies and Procedures Manual shall be
incorporated and made a part of this Agreement.
5
3.5 LEVEL OF SERVICE:
Should start-up time for the Work Program be required or in the event of the
occurrenceof any delays in the activities thereunder, the SUBRECIPIENT shall immediately
notify the Department in writing, giving all pertinent details and indicating when the Work
Program shall begin and/or continue. It is understood and agreed that the SUBRECIPIENT shall
maintain the level of activities and expenditures in existence prior to the execution of this
Agreement. Any activities funded through or as a result of this Agreement shall not result in the
displacement of employed workers, impair existing agreements for services or activities, or result
in the substitution of funds allocated under this Agreement for other fiinds in connection with
work which would have been performed in the absence of this Agreement,
ARTICLE IV
CDBG FUNDING AND DISBURSEMENT REQUIREMENTS
4.1 COMPENSATION
The amount of compensation payable by the CITY to the SUBRECIPIENT shall be.
pursuant to the rates, schedules and conditions described in Exhibit "C" attached hereto and
incorporated into this Agreement.
4.2 INSURANCE:
At all times during the term hereof, the SUBRECIPIENT shall maintain insurance
acceptable to the CITY. Prior to commencing any activity under this Agreement, the
SUBRECIPIEN I _:sl fitrnish.,to., tile_ ,.I.. .original ....cert ificates.. o.f insurance....indicating.:that.the. _. _... _ .
SUBRECIPIENT is in compliance with the provisions described in Exhibit "G" attached hereto,
and incorporated into this Agreement.
4.3 FINANCIAL, ACCOUNTABILITY:
The CITY reserves the right to audit the records of the SUBRECIPIENT at any time
during the performance of this Agreement and for a period of live (5) years after its
expiration/termination. The SUBRECIPIENT agrees to provide all financial and other
applicable :records and documentation of services to the CITY, Any payment made shall be
subject to reduction for amounts included in the related invoice which are found by the CITY, on
0
the basis of such audit and at its sole discretion, not to constitute reasonable and necessary
expenditures. Any payments made to the SUBRECIPIENT are subject to reduction for
overpayments on previously submitted invoices.
4,4 RECAPTURE OF FUNDS:
The CITY reserves the right to recapture funds in the event that the SUBRECIPIENT
shall fail: (i) to comply with the terms of this Agreement, or (ii) to accept conditions imposed by
the CITY at the direction of the .federal, state and local agencies.
4.5 CONTINGENCY CLAUSE:
Funding pursuant to this Agreement is contingent on the availability of funds and
continued authorization for CDBG Program activities, and is also subject to amendment or
termination due to lack of funds or authorization, reduction of funds, and/or changes in
regulations,
ARTICLE V
AUDIT
5.1 As a necessary pait of this Agreement, the SUBRECIPIENT shall adhere to the following
audit requirements:
5.1,1 If the SUBRECIPIENT expends $500,000 or more in the fiscal year it shall have
a single audit or program specific audit conducted for that year. The audit shall
be conducted in accordance with GAGAS and OMB Circular A-133. The audit
shall determine whether the financial statements are presented fairly in all
matenal...xespects koonformity.with generally. accepted .accounting..principles,-
In addition to the above requirements, the auditor shall perform procedures to
obtain an understanding of internal controls and perform sufficient testing to
ensure compliance with the procedures. Further the auditor shall determine
whether the SUBRECIPIENT has complied with laws, regulations and the
provisions of this Agreement.
A reporting package shall be submitted within the earlier of 30 days after receipt
of the auditor's reports) or nine (9) months after the end of the audit period, The
reporting package will include the certified financial statements and schedule of
7
expenditures of Federal Awards; a summary schedule of prior audit findings; the
auditor's report and the corrective action plan. The auditor's report shall include:
1. An opinion (or disclaimer of opinion) as to whether the financial statements
are presented fairly in all material respects in conformity with generally
accepted principles and an opinion (or disclaimer of opinion) as to whether the
schedule of expenditures of Federal Awards is presented fairly in all material
respects in relation to the financial statements taken as a whole.
2. A report on internal controls related to the financial statements and major
programs. This report shall describe the scope of testing of internal controls
and the results of the test, and, where applicable, refer to the separate schedule
of findings and questioned costs.
3. A report on compliance with laws, regulations, and the provisions of contracts
and/or this Agreement, noncompliance with which could .have a material
effect on the financial statements. This report shall also include an opinion (or
disclaimer of opinion) as to whether the SUBRECIPIENT complied with the
laws, regulations, and the provisions of contracts and this Agreement which
could have a direct and material effect on the program and, where applicable,
refer to the separate schedule of findings and questioned costs.
4. A schedule of findings and questioned costs which shall include the
requirements of OMB Circular A-133.
5.1,2 If the SUBRECIPIENT expends less than $500,000 in the fiscal year, it is
exempted from Federal audit requirements for that year .and consequently the
audit cost is not a reimbursable expense, The _CITY, howevernzay..request. the ._ ...
SUBRECIPIENT to have a limited scope audit for monitoring purposes. These
limited scope audits will be. paid for and arranged by the CITY and address only
one or more of the following types of compliance requirements: activities allowed
or unallowed; allowable costs/cost principles; eligibility; matching, level of effort,
earmarking; and, reporting.
All reports presented to the CITY shall, where applicable, include sufficient information
to provide a proper perspective for judging the prevalence and consequences of the
findings, such as whether an audit finding represents an isolated instance or a systemic
8
problem, Where appropriate, instances identified shall be related to the universe and the
number of cases examined and quantified in terms of dollar value,
ARTICLE VI
RECORDS AND REPORTS
6.1 The SUBRECIPIENT shall establish and maintain sufficient records to enable the CITY
to determine whether the :SUBRECIPIENT has met the requirements of the CDBG Program,
At a minimum, the following records shall be maintained by the SUBRECIPIENT:
6,1.1 Records providing a full description of each activity assisted (or being assisted)
with CDBG Funds, including its location (if the activity has a geographical locus),
the amount of CDBG Funds budgeted, obligated and expended for the activity,
and the specific provision in 24 CFR Subpart C of the CDBG Program regulations
under which the activity is eligible,
612 Records demonstrating that each activity undertaken meets one of the criteria set
forth in 24 CFR 570,208 of the CDBG Program regulations, Where information
on income by family size is required, the SUBRECIPIENT may substitute
evidence establishing that the person assisted qualified under another program
having income qualification criteria at least as restrictive as that used in the
definitions of "low- and moderate -income person" and "low- and moderate -
income household" as set forth in 24 CFR 5703; or, the SUBRECIPIENT may
substitute a copy of a verifiable certification from the assisted person that his or
-.._
her family incon7e,-does_.not._exceed..._the...applicab.1.e....inco:me...limit..established in ... ................
. ._....
accordance with 24 CFR 5703; or the SUBRECIPIENT may substitute a notice
that the assisted person is a referral from any goverrunental agency that
determines persons to be "low- and moderate -income persons" based upon
HUD's criteria and agrees to maintain documentation supporting those
detenninations. Such records shall include the following information:
(i) For each activity determined to benefit low- and moderate -income
persons, the income limits applied and the point in time when the benefit
was determined.
9
(ii) For each activity deterinined to benefit low- and moderate -income persons
based on the area served by the activity, only activities located in census
blocks with a percentage of low- and moderate- income persons in excess
of 51 percent will be undertaken by the SUBRECIPIENT.
(iii) For each activity determined to benefit low- and moderate -income persons
because the activity involves a facility or service designed for use by a
limited clientele consisting exclusively or predominantly of low- and
moderate -income persons:
(a) Documentation establishing that the facility or service is designed
for and used by senior citizens, disabled persons, battered spouses,
abused children, the homeless, illiterate persons, or nugrant farm
workers for which the regulations provide presumptive benefit to
low- and moderate -income persons; or
(b) Documentation describing how the nature and, if applicable, the
location of the facility or service establishes that it is used
predominantly by low- and moderate -income persons; or
(c) Data showing the size and annual income of the family of each
person receiving the benefit.
6.13 Equal Opportunity Records containing:
(i) Data on the extent to which each racial and ethnic group and single -
headed households (by gender of household head) have applied for,
participated in, or benefited from, any program or activity funded in whole
_........__ ......._......_................__..._..._............. ............_...... ....... _......_.............................._..........__......,.._......_......_........_.._........................ ...............
or in pant with CDBG Funds. Such information shall be used only as a
basis for further investigation relating to compliance with any requirement
to attain or maintain any particular statistical measure by race, ethnicity, or
gender in covered programs.
(ii) Documentation of actions undertaken to meet the requirements of 24 CFR
570.607(b) which implements Section 3 of the Housing and Urban
Development Act of 1968, as amended (12 U.S.C. 1701U), relative to the
hiring and training -of low- and moderate -income persons and the use of
local businesses.
M
6.1.4 Financial records, in accordance with the applicable requirements listed in 24
CFE. 570.502,
614 Records required to be maintained in accordance with other applicable laws and
regulations set forth in Subpart K of 24 CFR,
6.2 RETENTION AND ACCESSIBILITY OF RECORDS:
6.2.1 The Department shall have the authority to review the SUBRECIPIENT's
records, including Project and programmatic records and books of account, for a
period of five (5) years from the expiration/termination of this Agreement (the
"Retention Period"), All books of account and supporting documentation shall be
kept by the SUBRECIPIENT at least until the expiration of the Retention Period.
The SUBRECIPIENT shall maintain records sufficient to meet the requirements
of 24 CFR 570. All records and reports required herein shall be retained and
made accessible as provided thereunder, The SUBRECIPIENT further agrees to
abide by Chapter 119, Florida Statutes, as the ;same may be amended from time to
time, .pertaining to public records.
The SUBRECIPIENT shall ensure that the Agreement Records shall be at all
times subject to and available for full access and review, inspection and audit by
the CITY, federal personnel and any other personnel duly authorized by the
CITY.
6.2,2 The S'UBRECIPIEN`I' shall include in all the Department approved subcontracts
used to engage._subcontractors,to._cazxy_ out_any_.ex.ghle._substantiae_„project_,.ox.....,.. i
programmatic activities, as described in this Agreement and defined by the
Department, each of the record-keeping and audit requirements detailed in this
Agreem* eat, The Department shall, in its sole discretion, determine when services
are eligible substantive project and/or programmatic activities and subject to the
audit and record-keeping requirements described in this Agreement
6.2.3 If the CITY or the SU13RECIPIENT has received or given notice of any kind
11
indicating any threatened or pending litigation, claim or audit arising out of the
activities pursuant to the project, the activities and/or the Work Program or under
the terms of this Agreement, the Retention Period shall be extended until such
time as the threatened or pending litigation, claim or audit is, in the sole and
absolute discretion of the Department fully, completely and finally resolved.
6.2.4 The SUBRECIPIENT shall notify the Department in writing, both during the term
of this Agreement and after its expiration/termination as part of the final closeout
procedure, of the address where all Agreement Records will be retained.
6.2.5 The SUBRECIPIENT shall obtain the prior written consent of the Department to
the disposal of any Agreement Records within one year after the expiration of the
Retention Period.
6.3 PROVISION OF .RECORDS:
6.3.1 At any time upon request by the Department, the SUBRECIPIENT shall provide
all Agreement Records to the Department.. The requested Agreement Records
shall become the property of the Department without restriction, reservation, or
limitation on their use. The Department shall have unlimited rights to all books,
articles, or other copyrightable materials developed in the performance of this
Agreement. These rights include the right of royalty -free, nonexclusive, and
irrevocable license to reproduce, publish, or otherwise use, and to authorize others
to use the Work Program for public purposes.
6.3.2 If the SUBRECIPIENT receives funds from, or is under regulatory control of,
:other governmental agencies,, .
and ....those....agencies...._issue._...zx�oziXtoxzng._..reports, _.... _..._.............. ....
regulatory examinations, or other similar reports, the SUBRECIPIENT shall
provide a copy of each such report and any follow-up communications and reports
to the Department immediately upon such issuance, unless such disclosure would
be prohibited by any such issuing agency.
19
6A MONITORING:
The SUBRECIPIENT shall permit the Department and other persons duly authorized by
the Department to inspect all Agreement Records, facilities, goods, and activities of the
SUBRECIPIENT which are in any way connected to the activities undertaken pursuant to the
terms of this Agreement, and/or interview any clients, employees, subcontractors or assignees of
the SUBRECIPIENT. Following such inspection or interviews, the Department will deliver to
the SUBRECIPIENT a report of its findings. The SUBRECIPIENT will rectify all deficiencies
cited by the Department within the specified period of time set forth in the report or provide the
Department with a reasonable justification for not correcting the same. The Department will
determine, in its sole and absolute discretion, whether or not the SUBRECIPIENT's justification
is acceptable.
At the request of the CITY, the SUBRECIPIENT shall transmit to the CITY written
statements of the SUBRECIPIENT's official policies on specified issues relating to the
SUBRECIPIENT's activities. The CITY will carry out monitoring and evaluation .activities,
including visits and observations by CITY staff. The SUBRECIPIENT shall ensure the
cooperation of its employees and its Board members in such efforts. Any inconsistent,
incomplete, or inadequate information, either received by the CITY or obtained through
monitoring and evaluation by the CITY, shall constitute cause for the CITY to terminate this
Agreement.
6.5 RELATED PARTIES:
The terixi "related -party transaction" includes, but is not limited to, a for-profit or
nonprofit subsidiary ,oz affiliate organization, aii.. organization, with an, overlapping> d._ai..
Directors and an organization for which the SUBRECIPIENT is responsible for appointing
memberships. Upon forming the relationship or if already formed, before of at the time of
execution of this Agreement, the SUBRECIPIENT shall report such relationship to the
Department, Any supplemental information shall be promptly reported to the Department. The
SUBRECIPIENT shall report to the Department the name, purpose for and any and all other
relevant information in connection with any related -party transaction,
13
ARTICLE VII
OTHER CDBG PROGRAM REQUIREMENTS
7.1 The SUBRECIPIENT shall maintain current documentation that its activities are CDBG
eligible in accordance with 24 CFR Part 570,201(e),
7.2 The SUBRECIPIENT shall ensure and maintain documentation that conclusively
demonstrates that each activity assisted, in whole or in part, with CDBG Funds is an activity
which provides benefit to low- and moderate -income persons.
7.3 The SUBRECIPIENT shall comply with all applicable provisions of 24 CFR Part 570
and shall carry out each activity in compliance with all applicable federal laws and regulations
described therein.
7.4 The SUBRECIPIENT shall cooperate with the Department in informing the appropriate
citizen participation structures, including the appropriate area committees, of the activities of the
SUBRECIPIENT in adhering to the provisions of this Agreement. Representatives of the
SUBRECIPIENT shall attend meetings of the appropriate committees and citizen participation
structures upon the request of the citizen participation officers or the Department.
7.5 SUBUCIPIENT shall, to the .greatest extent possible, give law -and -moderate -income
residents of the service areas opportunities for training and employment.
7,6 NON-DISCRIMINATION;
The SUBRECIPIENT shall not discriminate on the basis of race, color, national origin,
sex, religion, age, marital or family status or handicap in connection with the activities and/or the
Work Program or its performance under this .Agreement.
Euitherniore, the SUBRECIPIEN'�."_auees, that, no_.otherWise_qu�lified_;individual..,shall,.... ..... ...
_...............
solely by reason of his/her race, sex, color, creed, national origin, age, marital status or handicap,
be excluded from the participation in, be denied benefits of, or be subjected to discrimination
under any program or activity receiving federal financial assistance.
7.7 The SUBRECIPIENT shall carry out its Work Program in compliance with all federal
laws and regulations, including those described in Subpart K of the CDBG Program regulations
(24 CFR 570.600-612).
7.8 The SOBRECIPIENT and its subcontractors shall comply with the Davis -Bacon Act, the
Lead -Based Paint Poisoning Prevention Act, and any other applicable laws, ordinances and
regulations.
14
7.9 The SUBRECIPIENT shall abide by the Federal Labor Standards provisions of U.S,-
HUD Form 4010 incorporated herein as part of this Agreement,
7.10 UNIFORM ADMINISTRATIVE REQUIREMENTS The. SUBRECIPIENT shall
comply with the requirements and standards of OMB Circular No. A-122, "Cost Principles for
Non -Profit Organizations" and with the applicable requirements of 24 CFR Part 84 (the revised
OMB Circular No. A-110).
7.11 RELIGIOUS ORGANIZATIONS/CONSTITUTIONAL PROHIBITION. If the
SUBRECIPIENT is or was created by a religious organization:, the SUBRECIPIENT agrees that
all CDBG Funds disbursed under this Agreement shall be subject to the conditions, restrictions,
and limitations of 24 CFR Part 570,2000),
In accordance with the First Amendment of the United States Constitution, particularly
regarding the relationship between church and State, as a general rule, CDBG assistance may not
be used for religious activities or provided to primarily religious entities for any activities,
including secular activities, as provided in 24 CFR Part 570,2000). The SUBRECIPIENT shall
comply with those requirements and prohibitions when entering into subcontracts.
7.12 REVERSION OF ASSETS. Upon expiration/termination of this Agreement, the
SUBRECIPIENT must transfer to the CITY any unused CDBG Funds at the time of
expiration/termination and any accounts receivable attributable to the use of CDBG Funds,
7.13 ENFORCEMENT OF THIS AGREEMENT. Any violation of this Agreement that
remains uncured thirty (30) days after the SUBRECIPIENT's .receipt of notice from the CITY
(by certified or registered mail) of such violation may, at the option of the CITY, be addressed
by an action for damages or equitable relief, or any other remedy provided at law or in equity. In
addition to the remedies of the CITY, set forth herein,.,if,the._.SUBR MC .ENT,,.fails..,to..comply_..._ ....... .
with the tenors of this Agreement, the CITY may .suspend or tenninate this Agreement in
accordance with 24 CFR Part 85,43, as set forth more fully below in Article IX of this
Agreement,
7,14 The SUBRECIPIENT shall not assume the CITY's environmental responsibilities
described at 24 CFR 570,604 of the CDBG Program regulations nor the CITY's responsibility
for initiating the review process under Executive Order 12372.
is
ARTICLE VIII
PROGRAM INCOME
8.1 Program income means gross income received by the SUBRECIPIENT which has been
directly .generated from the use of the CDBG Funds. When such income is generated by an
activity that is only partially assisted with the CDBG Funds, the income shall be prorated to
reflect the percentage of CDBG Funds used. Program income generated by CDBG funded
activities shall be used only to undertake those activities specifically approved by the CITY on
and for the Work Program. All provisions of this Agreement shall apply to such activities. Any
program income on hand when this Agreement expires/terminates or received after such
expiration/tennination shall be paid to the CITY, as required by 24 CFR. 570.503(b)(8) of the
CDBG Program regulations.
The SUBRECIPIENT shall submit to the CITY monthly a Program. Income Report and a
Work Program Status Report, The Program Tncome Report shall identify CDBG activities in
which income was derived and how income has been utilized.
8.2 REPAYMENTS. Any interest or other return on the investment of the CDBG Funds
shall be remitted to the CITY on a monthly basis. Any CDBG Funds funded to the
SUBRECIPIENT that do not meet the eligibility requirements, as applicable, must be repaid to
the CITY.
AR'T'ICLE IX
REMEDIES, SUSPENSION, TERMINATION
.....9.1 REMEDIES FOR NONCOMPLIANCE,._.Tile.CITY._riaatxs...th_.right. to_.Iezramate_.phis_.....................
Agreement at any time prior to the completion of the services required pursuant, to this
Agreement without penalty to the CITY. In that event, notice of termination of this Agreement
shall be in writing to the SUBRECIPIENT, who shall be paid for those services performed prior
to the date of its receipt to the notice of termination. In no case, however, shall the CITY pay the
SUBRECIPIENT an amount in excess of the total surn provided by this Agreement.
It is hereby understood by and between the CITY and the SUBRECIPIENT that any
payment made in accordance with this Agreement to the SUBRECIPIENT shall be made only if
the SUBRECIPIENT is not in -default under the terms of this Agreement. If the
M
SUBRECIPIENT is in default, the CITY shall not be obligated and shall not pay to the
SUBRECIPIENT any surn whatsoever.
If the SUBRECIPIENT fails to comply with any term of this Agreement, the CITY may
take one or more of the following courses of action:
9.1.1 Temporarily withhold cash payments pending correction of the deficiency by
the SUBRECIPIENT, or such more severe enforcement action as the CITY
determines is necessary or appropriate.
9.1.2 Disallow (that is, deny both the use of funds and matching credit) for all or part
of the cost of the activity or action not in compliance.
9.1.3 Wholly or partially suspend or terminate the current CDBG Funds awarded to
the SUBRECIPIENT.
9.1.4 Withhold further CDBG grants and/or loans for the SUBRECIPIENT.
9.1.5 Tape all such other remedies that may be legally available.
Notwithstanding :any other provision of this Agreement, if the SUBRECIPIENT fails to
comply with any term of this Agreement, the SUBRECIPIENT, at the sole discretion of the City,
shall pay to the City an amount equal to the current market value of any real property, under the
SUBRECIPIENT's control, acquired or improved ' in whole or in part with CDBG Funds
(including CDBG Funds provided to the SUBRECIPIENT in the form of a loan and/or grant),
less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition
of, or improvement to, the property. The payment is program income to the City.
9.2 SUSPENSION:
9.2.1' The Department .may, for reasonable cause, temporarily suspend the
SUBRECIPIENT's operations and authority to obligate .funds under this
Agreement or withhold payments to the SUBRECIPIENT pending necessary
corrective action by the SUBRECIPIENT, or both. Reasonable cause shall be
determined by the Department in its sole and absolute discretion, and may
include:
(i) Ineffective or improper use of the CDBG Funds by the SUBRECIPIENT;
(ii) Failure by the SUBRECIPIENT to comply with any term or provision of
this Agreement;
17
(iii) Failure by the SUBRECIPIENT to submit any documents required by this
Agreement; or
(iv) The SUBRECIPIENT's submittal of incorrect or incomplete documents.
9.2.2 The Department may at any time suspend the SUBR.ECIPIENT's authority to
obligate funds, withhold payments, or both.
9.2.3 The actions described in paragraphs 9.2.1 and 9.2.2 above may be applied to all or
any part of the activities funded by this Agreement,
9.2.4 The Department will notify the SUBRECIPIENT in writing of any action taken
pursuant to this Article, by certified mail, return receipt requested, or by in person
delivery with proof of delivery. The notification will include the reason(s) for
such action, any conditions relating to the action taken, and the necessary
corrective action(s).
93 TERMINATION:
.9.3.1 Termination Because of Lack of Funds.
In the event the CITY does not receive funds to finance this Agreement from its
funding source, or in the event that the CITY's funding source de -obligates the
funds allocated to fund this Agreement, the Department may terminate this
Agreement upon not.less than twenty-four (24) hours prior notice in writing to the
SUBRECIPIENT. Said notice shall be delivered by certified mail, return receipt
requested, or by in person delivery with proof of delivery, In the event that the
CITY's funding source reduces the CITY's entitlement under the CDBG
_prog7am,. the CITY .shall deterngftie,,_ in _its._ sole... and.....sbs.Qlute..:discretion,.....the._. .
availability of finds for the SUBRECIPIENT pursuant to this Agreement.
9.3.2 Termination for Breach,
The Department may terminate this Agreement, in whole or in part, in the event
the Department determines, in its sole and absolute discretion, that the
SU:BRECIPIENT is not compliant with any term or provision of this Agreement.
The Department may terminate this Agreement, in whole or in part, in the event
that the Department detenrrines, in its sole and absolute discretion, that there
exists an event of default under and pursuant to the terms of any other agreement
or obligation of any kind or nature whatsoever of the SUBRECIPIENT to the
18
CITY, direct or contingent, whether now or hereafter due, existing, created or
arising.
9.3.3 Unless the SUBRECIPIENT's breach is waived by the Department in writing, the
Department may, by written notice to the SUBRECIPIENT, terminate this
Agreement upon not less than twenty-four (24) hours prior written notice. Said
notice shall be delivered by certified mail, return receipt requested, or by in
person delivery with proof of delivery. Waiver of breach of any provision of this
Agreement shall not be deemed to be a waiver of any other breach and shall not
be construed to be a modification of the terms of this Agreement. The. provisions
hereof are not intended to be, and shall not be, construed to limit the Department's
right to legal or equitable remedies.
ARTICLE X
AUSCELLANMOUS PROVISIONS
10.1 INDEMNIFICATION. The SUBRECIPIENT shall pay and save the CITY harmless
from and against any and all claims, liabilities, losses, and causes of action which may arise out
of the SUBRECIPIENT's activities related to the Work Program or otherwise under this
Agreement, including all acts or omissions to act on the part of the SUBRECIPIENT and/or any
persons acting for or on its behalf, and from and against any relevant orders, judgments, or
decrees which may be entered against the CITY, and from and against all costs, attorney's fees,
expenses, and liabilities incurred by the CITY in the defense or investigation of -any such claims
_..........._ or. other matters ................_._._.................._....................... ................
10.2 AMENDMENTS. No amendments to this Agreement shall be binding unless in writing
and signed by both parties hereto. Budget modifications shall be approved by the Department in
writing.
10.3 OWNERSHIP OF DOCUMENTS, All documents developed by the SUDRECIPIENT
under this Agreement shall be delivered to the CITY upon completion of the activities required
pursuant to this Agreement and shall become the property of the CITY, without restriction or
limitation on their use, if requested by the City. The SUBRECIPIENT agrees that all documents
maintained and generated pursuant to this Agreement shall be subject to all provisions of the
Public Records Law, Chapter 119, Florida Statutes.
IM
It is further understood by and between the parties that any document, which is given by
the CITY ,to the SUBRECIPIENT pursuant to this Agreement, shall at all times remain the
property of the CITY and shall not be used by the SUBRECIPIENT for any other purpose
whatsoever without the prior written consent of the CITY,
10.4 AWARD OF AGREEMENT, The SUBRECIPIENT warrants that it has not employed
or retained any person employed by the CITY to solicit or secure this Agmement and that it has
not offered to pay, paid, or agreed to pay any person employed by the CITY any fee,
conunission, percentage, brokerage fee, or gift of any kind contingent upon or resulting :from the
award of this Agreement.
10.5 NON AELEGABILITY. The obligations undertaken by the SUBRECIPIENT pursuant
to this Agreement shall not be delegated or assigned to any other person or firm, in whole or in
part, without the CITY's prior written consent which may be granted or witl-dield in the CITY's
We discretion.
10.6 CONSTRUCTION OF AGREEMENT. This Agreement shall be construed and enforced
according to the laws of the State of Florida.
10.7 CONFLICT.OF INTEREST.
10.7.1 The SUBRECIPIENT covenants that no person under its employ who presently
exercises any functions or responsibilities in connection with CDBG Program
funded activities has any personal financial interest, direct or indirect, in this
Agreement. The SUBRECIPIENT further covenants that, in the performance of
this Agreement, no person having such a conflicting interest shall be employed.
Any such interest on the part of the SUBRECIPIENT or its employees must be
..disclo....ed writing ..o.. .. CIT. Y....., ._..._........... _..................
..._
10.7.2 The SUBRECIPIENT is aware of the conflict of interest laws of the City of
Miami (City of Miami Code Chapter 2, Article V), Dade County, Florida (Dade
County Code Section 2-11-1) and the State of Florida (Chapter 112, Florida
Statutes), and agrees that it shall comply in all respects with the terms of the
same.
10.7.E PROCUREMENT. The SUBRECIPIENT shall comply with the standards
contained within 24 CFR Part 84 (the revised OMB Circular No. A-110).
10.7.4 In all other cases, the SUBRECIPIENT shall comply with the standards contained
within 24 CFR 570.611
20
10,8 NO OBLIGATION TO RENEW. Upon expiration of the teen of this Agreement, the
SUBRECIPIENT agrees and understands that the CITY" has no obligation to renew this
Agreement,
10.9 ENTIRE AGREEMENT:
This instrument and its attachinents constitute the only agreement of the parties hereto
relating to the CDBG Funds and sets forth the rights, duties, and obligations of each of the
parties hereto to the other as of its date. Any prior agreements, promises, negotiations, or
representations not expressly set forth in this Agreement are of no force or effect.
10.10 GENERAL CONDITIONS,
10.10.1 All notices or other conununications which shall or may be given pursuant to
this Agreement shall be in writing and shall be delivered by in person delivery
or by registered mail addressed to the other party at the address indicated herein
or as the sante may be changed from time to time, upon notice in writing. Such
notice shall be deemed given on the day on which personally served, or, if by
mail, on the fifth day after being posted or the date of actual receipt, whichever
is earlier.
CITY OF MIAMI
George Mensah, Director
Department of Community Development
444 Southwest 2nd Avenue, 2na Floor
Miami, Florida 33130
SUBRECIPIENT
10, 10.2 Title and paragraph headings are for convenient reference and are not a part of
this Agreement.
10.10.3 In the event of conflict between the terms of this Agreement and any terms or
conditions contained in any attached documents, the terms in this Agreement
shall control.
21
10. 10.4 No waiver of breach of any provision of this Agreement shalt constitute a waiver
of any subsequent breach of the same or any other provision hereof, and no
waiver shall be effective unless made in writing.
10.10,5 Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid,
illegal or otherwise unenforceable under the laws of the State of Florida or the
City of Miami, such provision, paragraph, sentence, word or phrase shall be
deemed modified to the extent necessary in order to conform with such laws, or
if not modifiable to conform with such laws, then same shall be deemed severed,
and in either, event, the remaining terms and provisions of this Agreement shall
remain unmodified and in full force and effect,
10,11 INDEPENDENT CONTRACTOR. The SUBRECIPIENT and its employees and
agents shall be deemed to be independent contractors and not agents or employees of the CITY,
and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of -the
CITY or any rights generally afforded classified or unclassified employees; further, they shall
not be deemed entitled to the Florida Worker's Compensation benefits as employees of the
CITY,
10.12 SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the
parties hereto, and their respective heirs, executors, legal representatives, successors, and
assigns.
10.13 SUBRECIPIENT CERTIFICATION, The SUBRECIPIENT certifies that it
possesses the legal authority to enter into this Agreement pursuant to authority that has been duly
adoptEd.,or_passed.as..an„ official ._act,of„the.,SUBREClUFN 's go��erning...body..,:authoriziiYg_.the.................................
execution of this Agreement, including all understandings and assurances contained herein, and
directing and authorizing the person identified as the official representative of the
SUBRECIPIENT to act in connection with this Agreement and to provide such information as
may be required,
10.14—WA-IVER OF JURY TRIAL. Neither the SUB -RECIPIENT, nor any assignee,
successor, heir or personal representative of the SUB -RECIPIENT, nor any other person or
entity, shall seek a jury trial in any lawsuit, proceeding, counterclaim or any other litigation
procedure based upon or arising out of any of the Agreement and/or any modifications, or the
22
dealings or the relationship between or among such persons or entities, or any of them. Neither
the SUB -RECIPIENT, nor any other person or entity will seek to consolidate any such action in
which a jury trial has been waived with any other action. The provisions of this paragraph have
been fully discussed by the parties hereto, and the provisions hereof shall be subject to no
exceptions. No party to this Agreement has in any manner agreed with or represented to any
other party that the provisions of this paragraph will not be fully enforced in all instances.
23
INN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
by their respective officials thereunto duly authorized on the date above written,
SUBRECIPIENT
a Florida not-for-profit corporation
ATTEST:
Corporate Secretary Date
SEAL
Name:
Title:
Date
CITY OF MIAMI, a municipal
Corporation of the State of Florida
ATTEST:
By:
Priscilla A. Thompson Date Carlos A. Migoya Date
City Clerk City Manager
APPROVED AS TO
INSURANCE REQUIREMENTS:
Risk Management
APPROVED AS TO FORM AND
CORRECTNESS:
Date Julie 0. Biu Date
City Attorney
24
EXHIBIT B — WORK PROGRAM
COUNSEUNIG SERVICES
1, SUBRECIPIENT understands that the National Objective is assistance to low to
moderate income persons by:serving a limited clientele,
2. SUBRECIPIENT will recruit program participants that meet the following criteria:
a. Must be a resident of the City of Miami
b. Must be a member of a low -to -moderate income household
SUBRECIPIENT will submit the following information to the City of Miami Department
of Community Development to obtain certification that proposed participant is eligible to
receive program benefits and for SUBRECIPIENT to invoice the CITY for services
provided.
a) Program Application, in a form provided by the City of Miami Department of
Community Development, signed by prospective participant. A copy of this form
must also be, kept in the participant's file.
4. SUBRECIPIENT must keep in file proof of the information listed below demonstrating
that each program participant is eligible to receive program benefits:
a) Proof of living in the City
b) Proof of income
This information must match the information listed by the SUBRECIPIENT in the
participant's Program Application farm submitted to the CITY. A copy of this form must
also be kept in the participant's file,
5. SUBRECIPIENT may replace program participants who stop receiving program benefits
by providing the information required in items 2 and 3 for the new participant,
SUBRECIPIENT will not invoice the CITY until the proposed participant is certified as
eligible by the CITY.
6............._..SUBRECIPIENTtilT providetlae:following_sezvices;.,_..........._..._ _._ .._.._ .... .
a. participants will receive counseling services
b, participants will receive visitation and telephone contacts
c.� homebound participants will receive groceries
7. Program will continence on October 1, 2010 and end on Tune 30, 2011.
SIGNED:
Executive Director
Date
STATE OF FLORIDA.
COUNTY OF
The foregoing instrument was acknowledged before me this by
a Florida not-for-profit corporation, on behalf
of the corporation. He/she is personally 1:nown to me or has produced � _ as
identification.
Print Notary Public's Nanie Signature
(SEAL)
EXHIBIT C — COMPENSATION AND BUDGET SUMMARY
A. The maximum compensation under. this Agreement shall be $
B. SUBRECIPIENT's Itemized Budget, Cost Allocation, Budget Narrative, Staff Salaries
Schedule are attached hereto and made part of this Agreement.
C. Requests for payment should be made at least on a monthly basis. Reimbursement
requests should be submitted to the CITY within thirty (30) calendar days after the
indebtedness has been incurred in a form provided by the Department. Failure to comply
with these time frames for requesting reimbursement/payment may result in the rejection
of those invoices within the reimbursement package which do not meet these
requirements.
D. Each written request for payment shall contain a statement declaring and affirming that
services were provided to certified program participants .and in accordance with the
approved Work Program and Program Budget. All documentation in support of each
request shall be subject to review and approval by the. CITY at the time the request is
made.
E. All expenditures must be verified with a copy of the original invoice and a copy of a
check or other form of payment which was used to pay that specific invoice, Within 60
days of submitting .each reimbursement request, copies of the cancelled checks or other
CITY approved documents evidencing the payments by the SUBRECIPIENT, for which
reimbursement was requested, shall be submitted. In the event that an invoice is paid by
various funding sources, the copy of the invoice must indicate the exact amount
(allocation) paid by various funding sources equaling the total of the invoice. No
miscellaneous categories .shall be accepted as a line -item budget.
F. The SUBRECIPIENT must submit the final request for payment to the CITY within
thirty {30) calendar days following the termination date of this Agreement. If the
SUBRECIPIENT fails to comply with this requirement, the SUBRECIPIENT shall
forfeit all rights to payment and the CITY shall not honor any request submitted
_ thereafter-:... _ ....._._..............................................._......._.........._................,._..........._......................
G. Any payment due under this Agreement may be withheld pending the receipt and
approval by the CITY of all reports due from the SUBRECIPIENT as a part of this
Agreement and any modifications thereto.
H. During the term hereof and for a period of five (5) years following the date of the last
payment made hereunder, the CITY shall have the right to review and audit the time
,records and related records of the SUBREC]EIENT pertaining to any payments by the
CITY
Name; Date
Title;
EXHIBIT B — WORD PROGRAAI
PUBLIC SERVICE -HANDICAPPED AND MENTAL HEALTH SERVICES
1. SUBRECIPIENT understands that the National Objective is assistance to low to
moderate income persons by serving a limited clientele,
2. SUBRECIPIENT will recruit program participants that meet the following criteria:
a. Must be a resident of the City of Miami
b. Must be a member of a low -to moderate income household
c. Must a medical certification for a developmental disability
d. Must be at least 18 years of age
3. SUBRECIPIENT will submit the following information to the City of Miami
Depattn-Zent of Community Development to obtain certification that proposed
participant is eligible to receive program benefits and for SUBRECIPIENT to invoice
the CITY for services provided,
a. Program Application, in a form provided by the City of Miami Department of
Community Development,' signed by prospective participant and the
SUBRECIPIENT. A copy of this form must also be kept in the participant's file.
4 SUBRECIPIENT must keep in file proof of the information listed below demonstrating
that each program participant is eligible to receive program benefits:
a. Proof of living in the City of Miami
b; Proof of income
c. Proof of age
This information must match the information listed by the SUBRECIPIENT in the
participant Program Application form submitted to the CITY. A copy of this fora must
also be kept in the participant's file.
S. SUBRECIPIENT may replace program participants who stop receiving program
benefits by providing the information required in items 2 and 3 for the.new participant.
Sn3U.. CIPIENT-will--not invoice the. CITY until the proposed participant is. eertified. as
eligible by the CITY.
6. SUBRECIPIENT will provide:
a. Vocational training and other services to disabled individuals will be provided to a
minimum of qualified participants on a monthly basis, at the following
sites:
Vocational training and other services to disabled individuals will be provided for
up to a total of _ program days. The program is available between
P.M, and P.M.
SUDRECIPIENT will provide program reports for the services provided to the
participants in a form provided by the CITY.
2. Program will commence on October 1, 2010 and will end on June 30, 2011,
SIGNED:
Name: Date
Title:
STATE OF .FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this by
a Florida not4or-profit corporation, on behalf of the
corporation. He/she is personally known to me or has produced as
identification,
Print Notary Public's Name Signature
(SEAL)
EXHIBIT C
COMPENSATION AND BUDGET SUMN,[ARY
A. The maximum compensation under this Agreement shall be $�
B. SUBRECIPIENT's Itemized Budget, Cost Allocation, Budget Narrative, Staff Salaries
Schedule are attached hereto and made part of this Agreement.
C. Requests for payment should be made at least on a monthly basis. Reimbursement requests
should be submitted .to the CITY within thirty (30) calendar days after the indebtedness has
been incurred in a form provided by the Department. Failure to comply with these time
frames for requesting reimbursement/payment may result in the rejection of those invoices
within the reimbursement package which do not meet these requirements.
D. Each written request for payment shall contain a statement declaring and affirming that
services were provided to certified program participants and in accordance with the
approved Work Program and Program Budget. All documentation in support of each
request shall be subject to review and approval by the CITY at the time the request is made.
E. All expenditures must be verified with a copy of the original invoice and a copy of a check
or other form of payment which was used to pay that specific invoice. Within 60 days of
submitting each reimbursement request, copies of the cancelled checks or other CITY
approved documents evidencing the payments by the SUBRECIPIENT, for which
reimbursement was requested, shall be submitted.. In the event that an invoice is paid by
various funding sources, the copy of the invoice must indicate the exact amount (allocation)
paid by various funding sources equaling the total of the invoice. No miscellaneous
categories shall be accepted as a line -item budget.
F. The SUBRECIPIENT must submit the final request for payment to the CITY within thirty
(30) calendar days following the termination date of this Agreement, If the
SUBRECIPIENT fails to comply with this requirement, the SUBRECIPIENT shall forfeit
all rights to payment and the CITY shall not honor any request submitted thereafter.
_.
G. Any payment due under this Agreement may be withheld pending the receipt and approval
by the CITY of all reports due from the SUBRECIPIENT as a part of this Agreement and
any modifications thereto.
H. During the term hereof and for a period of five (5) years following the date of the last
payment made hereunder, the CITY shall have the right to review and audit the time records
and related records of the SUBRECIPIENT pertaining to any payments by the CITY.
Name: Date
Title:
EXHIBIT B — WORD PROGRAM
YOUTH SERVICES -LEGAL AID SERVICES/ALTERNATIVE TO INCARCERATION
I SUBRECIPIENT understands that the National Objective is assistance to low to
moderate income persons by serving a limited clientele.
2, SUBRECIPIENT will recruit program participants that meet the following criteria:
a) Must be a resident of the City of Miami
b) Must be a member of a low -to moderate income household
3. SUBRECIPIENT will provide the following services on a monthly basis:
a) participants will receive counseling services
b) participants will be provided with court services
c) participants will provided with the opportunity to make
.restitution payments
d) _ participants will receive visitation and telephone contacts.
SUBRECIPIENT will provide :program reports for the services provided to the
participants in a form provided by the CITY,
4. Program will commence on October 1, 2010 and will end on June 30, 2011.
SIGNED:
Name: Date
Executive Director
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acluiowledged before me this by
Executive Director of , Inc., a Florida not-for-profit
corporation, on behalf of the corporation. He/she is personally Imown to me or has produced
as identification.
Print Notary Public's Name
(SEAL)
Signature
EXHIBIT C
COMPENSATION AND BUDGET SUMMARY
A. The maximum compensation under this Agreement shall be $
B, SUBRECIPIENT's Itemized Budget, Cost Allocation., Budget Narrative, Staff Salaries
Schedule are attached hereto and made part of this Agreement.
C. Requests for payment should be made at least on a monthly basis. Reimbursement requests
should be submitted to the CITY within thirty (3 0) calendar days after the indebtedness has
been incurred in- a fornn provided by the Department, Failure to comply with these time
frames for requesting reimbursement/payment may result in the rejection of those invoices .
within the reimbursement package which do not sleet these requirements.
D. Each written request for payment shall contain a statement declaring and affirming that
services were provided to certified program participants and in accordance with the approved
Work Program and Program Budget. All documentation in support of each request shall be
subject to review and approval by the CITY at the time the request is made.
E. All expenditures must be verified with a copy of the original invoice and a copy of a check or
other form of payment which was used to pay that specific invoice. Within 60 days of
submitting each reimbursement request, copies of the cancelled checks or other City
approved documents evidencing the payments by the SUBRECIPIENT, for which
reimbursement was requested shall be submitted. In the event that an invoice is paid by
various funding sources, the copy of the invoice must indicate the exact amount (allocation)
paid by various funding sources equaling the total of the invoice. No miscellaneous
categories shall be accepted as a line -item budget.
F. The SUBRECIPIENT must submit the final request for payment to the CITY within thirty
(30) calendar days following the termination date of this Agreement. If the SUBRECIPIENT
fails to comply with this requirement, the SUBRECIPIENT shall,forfeit all rights to payment
and the CITY shall not honor any request submitted thereafter.
G:. Any_payine�.t clue `under tliis Agreeriiehift'— iay be ��vitliheld� pending the-r6ceipt and approval
by the CITY of all reports due from the SUBRECIPIENT as a part of this Agreement and
any modifications thereto.
H. During .the tez7n hereof and for a period of five (5) years following the date of the last
payment made hereunder, the CITY shall have the right to review and audit the time records
and related records of the SUBRECIPIENT pertaining to any payments by the CITY.
Name: Date
Title:
EXHIBIT B — WORK PROGRAA1
ELDERLY SERVICES
SUBRECIPIENT understands that the National Objective is assistance to low to
moderate income persons by serving a limited clientele.
2, SUBRECIPIRNT will provide services to program participants that meet the following
criteria:
a) Must be a resident of the City of Miami
b) Must be a member of a low -to moderate income household
c) Dust beat least 60 years of age
3. SUBRECIPIENT will submit the following information to the City of Miami Department
of Community Development to obtain certification that proposed participant is eligible to
receive program benefits and for SUBRECIPIENT to invoice the CITY for services
provided.
a) Program Application., in a form provided by the City of Miami Department of
Cormnunity Development, signed by prospective participant and the
SUBRECIPIENT. A copy of this form must also be kept in the participant's file.
4. SUBRECIPIENT must keep in file proof of the information listed below demonstrating
that each prograin participant is eligible to receive program benefits:
a) Proof of living in the City of Miami
b) Proof of income
c) Proof of age
This information must match the information listed by the SUBRECIPIENT in the
participant Program Application form .submitted to the CITY. A copy of this form must
also be Dept in the participant's file.
5. SUBRECIPIENT may replace prograrn participants who stop receiving prograrn benefits
by providing the information required in items 2 and 3 for the new participant.
SUBR:ECIPIENT will not invoice the CITY until the proposed participant is certified as
eligible by the CITY.
6. SUBRECIPIENT will provide transportation services to the elderly .and handicap to a
minimum of participants, on a monthly .basis, at the following location(s):
Address:
SUBRECIPIENT will provide program reports for the services provided to the
participants in a form provided by the CITY.
7. Program will commence on October 1, 2010 and will end on June 30, 2011.
SIGNED;
Name: Date
Executive Director
STATE OF FLORIDA
COUNTY OF
The foregoing instiument was acknowledged before me this day of , 2010 by
tive Director of
, a .Florida not-for-profit corporation, on behalf of the corporation.
He/she is personally known to me or has produced
identification.
Signature of Notary
State of Florida
Type, Print or stamp name of
Notary Public
as
EXHIBIT C
COMPENSATION AND BUDGET
A. The maximum compensation under this Agreement shall be
B. SUBRECIPIENT's Itemized Budget, Cost Allocation, Budget Narrative, Staff Salaries
'Schedule are attached hereto and made part of this Agreement.
C. Requests for payment should be made at least on a monthly basis. Reimbursement requests
should be submitted to the CITY within thirty (30) calendar days after the indebtedness has
been incurred in a form provided by the Depaitinent. Failure to comply with these time
frames for requesting reimbursement/payment may result in the rejection of those invoices
within the reimbursement package which do not meet these requirements.
D. Each written request for payment shall contain a statement declaring and affirming that
-services were provided to certified program participants and in accordance with the
approved Work Program and Program Budget. All documentation in support of each
request shall be subject to review and approval by the CITY at the time the request is made.
E. All expenditures must be verified with a copy of the original invoice and a copy of a check
or other form of payment which was used to pay that specific invoice. Within 60 days of
submitting each reimbursement request, copies of the cancelled checks or other CITY
approved documents evidencing the payments by the SUBRECIPIENT, for which
reimbursement was requested, shall be submitted, In the event that an invoice is paid by
various funding sources, the copy of the invoice must indicate the exact amount (allocation)
paid by various funding sources equaling the total of the invoice. No miscellaneous
categories shall be accepted as a line -item. budget.
E. The SUBRECIPIENT must submit the final request for payment to the CITY within thirty
(30) calendar days following the termination date of this Agreement. If the
SUBRECIPIENT fails to comply with this requirement, the SUBRECIPIENT shall forfeit
all rights to payment and the CITY shall not honor any request submitted thereafter.
.0... Any. payment due, .under.-:this..Agreement may-be.withheld. pending -the.-reccipt. and. approval.-.-
by
pproval.._by the CITY of all reports due from the SUBRECIPIENT as a part of this Agreement and
any modifications thereto.
H. During the term hereof and for a period of five (5) years following the date of the last
payment made hereunder, the CITY shall have the right to review and audit the time records
and related records of the SUBRECIPIENT pertaining to any payments by the CITY.
Name: Date
Title:
EXHIBIT B — WORK PROGRAM
HOMELESS SERVICES
1, SUBRECIPIENT understands that the National Objective is assistance to low to moderate
income persons by serving a limited clientele,
2. SUBRECIPIENT will recruit program participants that meet the following criteria:
a) Must be a resident of the Lotus House located at 2.17 NW 15"' Street in the City of
Miami, Florida
b) Must be a member of a low -to moderate income household
c) Must be at least 18 years of age
3. SUBRECIPIENT will submit the following information to the City of Miami Department of
Community Development to obtain certification that proposed participant is eligible .to
receive program benefits and for SUBRECIPIENT to invoice the CITY for services
provided,
a) Program Application, in a form provided by the City of Miami Department of
Community Development, signed by prospective participant and the
SUBRECIPIENT. A copy of this form must also be kept in the participant's file
4. SUBRECIPIENT must keep in file proof of the information listed below demonstrating that
each program participant is eligible to receive program benefits:
a) Proof of living in the City of Miami
b) Proof of income
c) Proof of age
This information must match the information listed by the SUBRECIPIENT in the
participant Program Application form submitted to the CITY. A copy.of this form must
also be kept in the participant's file.
5. SUBRECIPIENT may replace participants who stop.receiving program benefits by providing
the information required in 2 above. SUBRECIPIENT will not invoice .the CITY of Miami
until the proposed participant is certified as eligible by the CITY,
.. ---........._........ ........ ............._....................._................
6. SUBRECIPIENT will provide:
a) Services to a nvnimum of homeless individuals, oil a monthly basis, at the
following sites:
Services will be provided for up to a total of program days. The program is
available between A.M. and P.M.
SUBRECIPIENT will provide program reports for the services provided to the
participants in a form provided by the CITY,
7, Program will continence on October 1, 2010 and will end on June 30, 2011,
SIGNED:
Name: Date
Executive Director
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of 2010
By , Executive Director of Inc., a Florida not-for-profit
corporation, on behalf of the corporation. He/she is personally known to me or has produced
as identification.
Print Notary Public's Name Signature
(SEAL)
EXRTBIT C
COMPENSATION AND BUDGET'SUMMARY
A. The maximum compensation under this Agreement shall be $
B, SUBRECIPIENT's Itemized Budget, Cost Allocation, Budget Narrative, Staff Salaries
Schedule are attached hereto and made part of this Agreement.
C. Requests for payment should be made at least on a monthly basis, Reimbursement requests
should be submitted to the CITY within thirty (30) calendar days after the indebtedness has
been incurred in a form provided by the Department. Failure to comply with these time
frames for requesting reimbursement/payment may result in the rejection of those invoices
within the reimbursement package. which do not meet these requirements.
D, Each written request for payment shall contain a statement declaring and affirming that
services were provided to certified program participants and iii accordance with the approved
Work Program and Program Budget. All documentation in support of each request shall be
subject to review and approval by the CITY at the time the request is made.
E. All expenditures must be verified with a copy of the original invoice and a copy of a check or
other form of payment which was used to pay that specific invoice, Within 60 days of
submitting each reimbursement request, copies of the cancelled checks or other CITY
approved documents evidencing the payments by the SUBRECIPIENT, for which
reimbursement was requested, shall be submitted. In the event that an invoice is paid by
various funding sources, the copy of the invoice must indicate the exact amount (allocation)
paid by various funding sources equaling the total of the invoice, No miscellaneous
categories shall be accepted as a line -item budget,
R The SUBRECIPIENT must submit the final request for payment to the CITY within. thirty
(30) calendar days following the termination date of this Agreement. If the SUBRECIPIENT
fails to comply with this requirement, the SUBRECIPIF,NT shall forfeit all rights :to payment
and the CITY shall not honor any request submitted thereafter,
C: - Any payment- due •under --this- Agreement -may-be-withheld- pending -the- receipt -and- approval
by the CITY of all reports due from the SUBRECIPIENT as a part of this Agreement and
any modifications thereto,
H. , During the term hereof and for a period of five (5) years following the date of the last
payment made hereunder, the CITY shall have the right to review and audit the time records
and related records of the SUBRECIPIENT pertaining to any payments by the CITY,
Name: Date
Title:
EXHIBIT B — WORK PROGRAM
CHILDCARE PROGRAM
1, SUBRECIPIENT understands that the National Objective is assistance to low to moderate income
persons by serving a limited clientele.
2. SUBRECIPIENT will recruit program participants who meet the following criteria:
a) Reside in the City of Miami
b) Is a member of a low -to moderate income household
C) Children ranging in age from infant to 6 years old
SUBRECIPIENT will submit the following information to the City of Miami Department of
Community Development to obtain certification that proposed participant is eligible to receive
program benefits and for SUBRECIPIENT to invoice the City of Miami for services provided.
a) Program Application, in a form provided by the City of Miami Department of
Conimnity Development, signed by prospective participant or by legal guardian. A
copy of this form must also be Kept in the participant's file,
4. SUBRECIPIENT must keep in file proof of the information listed below demonstrating that each
program participant is eligible to receive program benefits:
a) Proof of living in the City of Miami
b) Proof of income
c) Proof of age
This information must match .the information listed by the SUBRECIPIENT in the participant
Program Application form submitted to the CITY. A copy of this form must also be kept in the
participant's file.
SUBRECIPIENT ' may replace program participants who stop receiving program benefits by
providing the information required in items 2 and 3 for the new participant, SUB RECIPIENT will
not invoice the CITY until the proposed participant is certified as eligible by the CITY of Miami,
6. SUBRECIPIENT will provide:
a) Childcare to a minimum of participants on a monthly basis, at the following
sites:
Childcare will be provided for up to a total of program days. The childcare
program is available between A.M. and RM.
SUBRECIPIENT will provide program reports for the services provided 'to the
participants in a form provided by the CITY,
7. Program will commence on October 1, 2010 and will end on June 30, 2011,
SIGNED:
Name:
Title:
STATE OF FLORIDA
COUNT'' OF
The foregoing instrument was acknowledged before me this
[Date]
Date
by
i of s
[Maine] [Title] [Agency]
a Florida not-for-profit corporation, on behalf of the corporation. He/she is personally known to me or has
produced
as identification.
Print Notary Public's Name Signature
(SEAT)
EXRIBIT C - COMPENSATION AND BUDGET SUMMARY
A. The maximum compensation under this Agreement shall be $
B. SUBRECIPIENT's Itemized Budget, Cost Allocation, Budget Narrative, Staff Salaries
Schedule are attached hereto and made part of this Agreement.
C:. Requests for payment should be made at least on a monthly basis. Reimbursement
requests should be submitted to the CITY within thirty (30) calendar days after the
indebtedness has been incurred in a form- provided by the Department. Failure to comply
with these time frames for requesting reimbursement/payment may result in the .rejection
of those invoices within the reimbursement package which do not meet these
requirements.
D. Each written request for payment shall contain a statement declaring and affirming that
services were provided to certified program participants and in accordance with the
approved Work Program. and Program Budget. All documentation in support of each
request shall be subject to review and approval by the CITY at the time the request is
made.
E. All expenditures must be verified with a copy of the original invoice and a copy of a
check or other form of payment which was used to pay that specific invoice. Within 60
days of submitting each reimbursement request, copies of the cancelled checks or other
CITY approved documents evidencing the payments by the SUBRECIPIENT, for which
reimbursement was requested, shall be submitted. In the event that an invoice is paid by
various funding sources, the copy of the invoice must indicate the exact amount
(allocation) paid by various funding sources equaling the total of the invoice. No
miscellaneous categories shall be accepted as a line -item budget.
F. The SUBRECIPIENT must submit the final request for payment to the CITY within
thirty (30) calendar days following the termination date of this Agreement. If the
SUBRECIPIENT fails to comply with this requirement, the SUBRECIPIENT shall
forfeit all rights to payment and the CITY shall not honor any request submitted
.. _. _....__........... ....... ._ _.............. I. ... ... _...... _...._.... ... ... _...... _...._........_._.. _....._.._.. _......... _. _._....
........._ ... .
.....thereafter
G. Any payment due under this Agreement may be withheld pending the receipt and
approval by the CITY of all reports due from the SUBRECIPIENT as a part of this
Agreement and any modifications thereto.
H. During the term hereof and for a period of five (5) years following the date of the last
payment made hereunder, the CITY shall have the right to review and audit the time
records and related records of the SUBRECIPIENT pertaining to any payments by the
CITY
Name: Date
Title:
EXHIBIT B -- WORK PROGRAM
AFTER SCROOL AND SY.TMMER/SCIIOOL RECESS PROGRAM
1. SUBRECIPIENT understands that the National Objective is assistance to low to
moderate income persons and only person who are considered Low -to -Moderate Income
can be assisted under this program.
2. SUBRECIPIENT will recruit program participants who meet the following criteria:
a) Reside in the City of Miami
b) A member of a lova-to moderate income household
SUBRECIPIENT will submit the following information to the City of Miami Department
of Community Development to obtain certification that proposed participant is eligible to
receive program benefits and for SUBRECIPIENT to invoice the City of Miami for
services provided.
a) Program Application, in a form provided by the City of Miami Department of
Community Development, signed by prospective participant or by legal guardian.
A copy of this form must also be kept in the participant's file.
SUBRECIPIENT must beep in file proof of the information listed below demonstrating
that each program participant is eligible to receive program benefits:
a) Proof of living in the City
b) Proof of income
c) Proof of age
This information must match the information listed by the SUBRECIPIENT in the
participant Program Application form submitted to the City. - A copy of this form must
also be kept in the participant's file.
5. SUBRECIPIENT may replace program participants who stop receiving program benefits
by providing the information required in items 2 and 3 for the new participant.
SUBRECIPIENT will not invoice the City of Miami until the proposed participant is
certified as eligible by the City of Miami.
_........__......_._..._ .............................._ -........_......_ ... .. _ ... .. -- --........_...._......... .......
....._ _....._....._.._......._..... -_ ._.-.. .
6. SUBRECIPIENT will provide:
a) Afterschool care to a minimum of participants on a monthly basis, at the
following sites:
Afterschool care .will be provided for up to a total of program days. The
afterschool program is available between P.M. and P.M.
b)
7.
SIGNED:
Name:
Title:
Sunuuer daycare or school recess program to a minimum of participants
on a monthly basis, at the following sites:
The summer program/ school recess will be provided for up to a total of
program days. The summer program school recess program is available between
A.M. and P.M.
SUBRECIPIENT will provide program reports for the services provided to the
participants in a form provided by the CITY.
Program will commence on October 1, 2010 and will end on June 30, 2011,
STATE OF FLOI?JDA
COUNTY OF
The foregoing instrument was acknowledged before me this.
[Date]
of
Date
by
[Name] [Title] [Agency]
a Florida not-for-profit corporation, on behalf of the corporation, He/she is personally known to me or has
produced
Print Notary Public's Nance
(SEAL)
as identification.
Signature
EXIIBIT C - COMPENSATION AND BUDGET SUMMARY
A. The maximum compensation under this Agreement shall be $
B. SUBRECIPIENT's Itemized Budget, Cost Allocation, Budget Narrative, Staff Salaries
Schedule are attached hereto and made part of this Agreement.
C. Requests for payment should be made at least on a monthly basis. Reimbursement
requests should be submitted to the CITY within thirty. (30) calendar days after the
indebtedness has been incurred in a form provided by the Department. Failure to comply
with these time frames for requesting reimbursement/payment may result in the rejection
of those invoices within the reimbursement package which do not meet these
requirements
D. Each written request for payment shall contain a statement declaring and affirming that
services were provided to certified program participants and in accordance with the
approved Work Program and Program Budget, All documentation in support of each
request ,shall be subject to review and approval by the CITY at the time the request is
made.
E. All expenditures must be verified with a copy of the original invoice and a copy of a
check or other form of payment which was used to pay that specific invoice, Within 60
days of submitting each reimbursement request, copies of the cancelled checks or other
City approved documents evidencing the payments by the SUBRECIPIENT, for which
reimbursement was requested, shall be submitted, hi the event that an invoice is paid by
various funding sources, the copy of the invoice must indicate the exact amount
(allocation) paid by various funding sources equaling the total of the invoice. No
miscellaneous categories shall be accepted as a line -iter budget.
F. The SUBRECIPIENT must submit the final request for payment to the CITY within
thirty (30) calendar days following the termination date of this Agreement. If the
SUBRECIPIENT fails to comply with this requirement, the SUBRECIPIENT shall
forfeit all rights to payment and the CITY shall not honor any request submitted
th Pr�a •Fter
G. Any payment due under this Agreement may be withheld pending the receipt and
approval by the CITY of all reports due from the SUBRECIPIENT as a part of this
Agreement and any modifications thereto.
H. During the term hereof and for a period of five (5) years following the date of the last
payment made hereunder, the CITY shall have the right to review and audit the time
records and related records of the SUBRECIPIENT pertaining to any payments by the
CITY.
Name: Date
Title: