HomeMy WebLinkAboutPre-AgreementCITY OF MIAMI, FLORIDA
COMMUNITY DEVELOPMENT BLOCK GRANT
PUBLIC FACILITY AND IMPROVEMENTS AGREEMENT
This Agreement (hereinafter the "Agreement") is entered into this clay of
1q011, 2010 between the City of Miami, a municipal corporation of the State of Florida
(hereinafter referred to as the "CITY"), and Boys and Girls Clubs of Miami -Dade, Inc,, a Florida
not for profit corporation (hereinafter referred to as the "SUBRECIPTFNT"),
FUNDING SOURCE; Community Development Block Grant (CDBG)
AMOUNT: .$150,000
TERM OF THE AGREEMENT: Effective date of this agreement shall be the date that the
City Clerk attests the signature of the City Manager,
through September 30., 2011.
PROJECT NUMBER:
ADDRESS: 2805 SW 32" Avenue
Miami, FL 33133
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein set forth,
the parties understand and agree as follows;
1
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 Summary
Exhibit ID Certification Regarding Lobbying Form
Exhibit E Certification Regarding Debarment, Suspension and other Responsibility
Matters (Primary Covered Transactions Form)
Exhibit F Crime Entity Affidavit
Exhibit G Insurance Requirements
Exhibit H Insurance Requirements for General Contractor
Exhibit I Declaration of Restrictive Covenant
Exhibit I Disbursement Agreement
1.2 DEFINED TERMS. As used herein the following terms .shall niean:
Act or.24 CFR 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,
completed, 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,
2
CDBG Program:
CDB G .Requirements:
.deigns, electronic tapes, computer drives and
diskettes or surveys.
Community Development Block Grant Program,
The requirements contained in 24 CFR Part 570,
Rule 9I 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:
Low- and -Moderate- Income
Person:
Any federal fiends 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. -
A member of a low- or moderate -income family
whose .income is within specific income levels set
forth by U.S. I3UD.
U.S. HUD or HUD: The United States Department of Housing and
Urban Development.
ARTICLE II
BASIC REQUIREMENTS
The following documents must 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 which 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
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 plays 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 tern 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 Cormpensation and Budget Summary attached hereto as Exhibit C, which .shall
include completion of the SUBRECIPIENT's Itemized Budget, Cost Allocation and any
subcontracts.
2:3 A list of the SUBRECIPIENT's present officers and members of the Board (names,
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:
(i) Bylaws, resolutions and incumbency certificates for the SUBRECIPIENT, certified
by the SUBRECIPIENT's Corporate Secretary, authorizing the consummation of
the transactions contemplated hereby, all in a form satisfactory to the CITY.
. 2.11 ADA Certification
4
2.12 Drug Free Certification .
2.13 All other documents reasonably required by the CITY,
ARTICLE III
TERMS AND PROCEDURES
3,1 CITY AUTHORIZATION:
For the purpose of this Agreement, the Depairtment will act on behalf of the CITY in the
fiscal control, programmatic monitoring and modification of this Agreement, except as
otherwise provided by in this Agreement,
3.2 EFFECTIVE DATE AND TERM:
Effective date of this Agreement shall be the latter date that the City Clerk attests the
signature of the City Manager through September 30, 2011,
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 satisfactory 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 MANUALS:
. 3.4.1 POLICIES AND PROCEDURES MANUAL: The SUBRECIPIENT is aware of
• and -accepts the"Policies and Procedures Manual for Community Development
-Block Grant Stib-recipients" ("Policies and Procedures Manual") 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
5
document .,which. outlines the fiscal,_..adninistrative and federal guidelines which
shall regulate the. day-to-day operations of the SUBRECIPIENT. The Policies
and Procedures Manual 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.
3,5 LEVEL OF SERVICE:
Should start-up time for the Work Program be required or in the event of the occurrence
of 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, imnpaar existing agreements for services or activities, or result in the
substitution of funds allocated under this Agreement for other funds 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 based
on the rates, schedules and conditions described in Exhibit "C" attached hereto, which by
this reference is incorporated into this Agreement.
6
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
SUBRECIPIENT shall furnish to the CITY original certificates of insurance indicating
that the SUBRECIPIENT is in compliance with the provisions described in Exhibit . G
attached here to, which by this reference is incorporated into this Agreement.
The SUBRECIPIENT shall require the General Contractor and Subcontractors to maintain
insurance acceptable to the CITY at all times during the term hereof. Prior to commencing
any activity under this Agreement, the SUBRECIPIENT shall require the General
Contractor and Subcontractors to fuu-nish to the City of Miami, Department of Community
Development, 444 S.W. 2nd Avenue — 2nd Floor, Miami, Florida. 33130, Certificate(s) of
Insurance evidencing insurance coverage that meets the requirements outlined in Exhibit H
attached hereto, which by this reference is 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 five (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 the basis of such audit and at its sole discretion, not to constitute reasonable
and necessary expenditures, Any payments made to the SUBRECIPTENT .are subject to
• reduction for overpayments on previously submitted invoices.
4,4 RECAPTURE OF FUNDS:
The CITY reserves -_tbe-right to recapture funds in the event that the SUBRECIPIENT
shall. fail: .(i) :to •cornply.with the terns of. this Agreement,..or (ii) to accept conditions
imposed by the CITY at the direction of the federal, state and local agencies.
7
4.5 CONTINGENCYCLAUSE:
Funding pursuant..to.this;:Agreernent 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 part 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 Generally Accepted Government Auditing
Standards (GAGAS) and OMB Circular A-13.3. The audit shall determine
whether the financial statements are presented fairly in all material respects in
conformity with generally accepted accounting principles,
hi 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 thirty (30) days after
receipt of the -.auditor's report(s) or nine (9) months after the end of the audit
period.. The_reporting package will include the certified financial statements and
schedule of expenditures of Federal Awards; a summary schedule of prior audit
8
finings; the auditor's-report.and the corrective action plan. The auditor's report
shall include;
a) 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.
b) 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.
c) 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.
d) a schedule of findings and questioned cost 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, however, may request the
• SIJBRECIPIENT to have a Iimited scope audit for monitoring purposes. These
6.1
limited.scope.audiis 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 disallowed; 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
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
The SUBRECIPTFNT 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.
'61,2 Records demonstrating that each activity undertaken meets one of the criteria set
'forth- in 24 CCFR 570..208 of the CDBG Program regulations. Where information
on income by family size is required, the- SUBRECIl'IENT may substitute
evidence establishing that the person assisted qualified under another program
10
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 570.3; or, the SUBRECIPIENT niay
substitute a copy of a verifiable certification from the assisted person that his or
her family income does not exceed the applicable income limit established in
accordance with 24 CFR 570.3; or, the .SUBRECIPIENT may substitute a notice
that the assisted person is a referral from any governmental agency that
determines persons to be "low- and moderate -income persons" based upon
HUD's criteria -and agrees to maintain dociumentation supporting those
determinations. 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.
(ii) For each activity determined 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 SUBREC[PIENT and report it to the
CITY;
(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,
11
abused children, the .homeless, illiterate persons, or migrant faun
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.
6.1.3 Bqual 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 part 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. 17.O1U) relative to the
hiring and training of low- and moderate -income persons and the use of
local businesses.
.Financial records, in accordance with the applicable requirements listed in 24
CFR 570.502.
12
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 •SVBRECIPIENT further agrees to
abide by Chapter 119, Florida Statutes, as the same may be amended from time to
time, pertaining to public records,
The SUBRECEPIENT 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 SUBRECIPIENT shall include in all the Department approved subcontracts
used to engage subcontractors to carry out any eligible substantive project or
programmatic ..activities, as such activities are described in this Agreement and
-defined. by the Department, each of the record -keeping and audit requirements
detailed ;in this Agreement. The Department shall, in its sole discretion,
.determine when services are eligible :substantive project and/or programmatic
13
activities and subject to the audit and record -keeping requirements described .in
this Agreement
6.2.3 If the CITY or the SUBRECIPIENT has received or given notice of any kind
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
pendency of this Agreement and after its expiration/termination as pait 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 (1) 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.
14
6.3.2 If the SUBRECIPIENT receives funds from, or is under regulatory control of
other .,governmental .agencies, and those agencies issue monitoring reports,
regulatory examinations, or other similar reports, the SUBRECIPTENT -shall
provide a copy of.each such report and .any follow-up coirununications and reports
to the Department immediately upon such issuance, unless such dlselo.sure would
be prohibited by any such issuing agency.
6.4 MONITORING.
The.SUBRECfPIENT .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 Agreem.ent, 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 r.of _its _employees and its Board members in such efforts. Any inconsistent,
incomplete, or inadequate information either received by the CITY . or obtained through
15
monitoring and evaluation :vy.. the .CITY, shall constitute . cause for the CITY to terminate this
Agreement.
6.5 RELATED PARTIES:
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. The term
"related -party transaction" includes, but is not limited to, a for -profit or nonprofit subsidiary or
affiliate organization, an organization with an overlapping Board of Directors and an
organization for which the SUBRECIPTFNT is responsible for appointing memberships, The
SUBRECIPIENT shall report this information to the Department upon forming the relationship,
or if already formed, shall report such relationship prior to or simultaneously with the execution
of this Agreement. Any supplemental information shall be promptly reported to the Department.
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.
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
16
SUBRECIPIENT,shall,:atrend,meetings -of „the_ appropriate committees and citizen participation
structures upon the request of the:citizen participation officers or the Department,
7.5 The SUBRECIP 1 H.NT shall, to the greatest possible, give low -and -moderate -income
residents of the service areas opportunities for training and employment.
7.6 SUBRECIPIENT shall carry out its Work Program in compliance with all Federal laws
and regulations, described in Subpart K of the CDBG Program regulation (24 CFR 570.600-
612), which by this reference, is incorporated into and made a. part of this Agreement.
- 7.7 SUBRECIPIENT shall not assume the CITY's enviromnental responsibilities described
in 24 CFR 570.604, of the CDBG Program regulations, and the CITY's responsibility for
initiating the review process under Executive Order 12372,
7.8 NON-DIS CRIMINATION:
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.
Furthermore, the SUBRECIPIENT agrees that no otherwise qualified 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.
7.9 The SUBRECIPIENT 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.
_ . 7.10. The :SUBRECIPIENT shall abide by the Federal Labor Standards provisions of U.S.
- HUD Form 4010 incorporated herein as part of this Agreement.
17
7.11 UNIFORM ADMINISTRATIVE REQUIREMENTS. The SUBRECIPIENT shall
comply with the requirements and standards of OMB .Circular No. A422, "Cost Principles for
Non -Profit Organizations" and with the applicable requirements of 24 CFR Part 84 (the revised
OMB Circular No. A-110).
7.12 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 570.200(j).
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 570.200(j)-. The SUBRECIPIENT shall
comply with those requirements and prohibitions when entering into subcontracts.
7.13 REVERSION OF ASSETS. Upon expiration/termination of this Agreement, the
SUBRECIPIENT must transfer to the CITY any CDBG Funds on hand at the time of
expiration/termination and any accounts receivable attributable to the use of CDBG Funds.
7.14 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 SUBRECIPIENT materially fails to
• =comply with the terms of this Agreement, the CITY may suspend or terminate this Agreement in
accordance with 24 CFR Part 85.43, as set forth more fully below in Article IX of this
Agreement.
18
ARTICLE VIII
,PROGRAM.IN.COME
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 tliis Agreement shall apply to such activities. Aiiy
program income on hand when this Agreement expires/terminates or received after such
expiration/termination shall be paid to the CITY, as required by 24 CFR 570.503(b)(8) of the
CDBG Program regulations.
The SUBREC]IP RNI' shall submit to the CITY monthly a Program Income Report and a
Work Program Status Report. The Program Income 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
SUBRECfPIENT that do not meet the eligibility requirements, as applicable, must be repaid to
the CITY.
ARTICLE IX
REMEDIES, SUSPENSION, TERMINATION
9.1 REMEDIES FOR NONCOMPLIANCE. The CITY retains the right to terminate this
Agreement at : any tune- 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
19
to the date of its receipt to the notice of termination, In no case, however, shall the CITY pay the
SUBRECIPIENT.an„amouni in excess of the total sum 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 teens of this Agreement. If the
SUBRECIPIENT is in default, the CITY shall not be obligated and shall not pay to the
SUBRECIPIENT any sum whatsoever,
If the SUBRECIPIENT. materially 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 partly suspend or terminate the current CDBG Funds awarded to the
SUBRECIPIENT.
9,1.4 Withhold further CDBG .grants and/or loans for the SUBRECEPIENT.
9.1.5 , Take all such other remedies that may be legally available.
Notwithstanding any other provision of this Agreement, if the SUBRECIPIENT
materially fails to comply with any term of this Agreement, the SUBRECIPIENT, at the sole
discretion.ofthe_CITY;_shall.pay to the CITY an amount equal to the current market value of any
real proj5eity;_wilder"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
20
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 SUBRECfPIENT to materially comply with any term or
provision of this Agreement;
(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 SUBRECIPIENT'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 SUBRECEPIENT in writing of any action taken
<iursuant to this Article, by oei-tified Mail,, return receipt requested, or by in person
delivery with proof of delivery. The notification will include the reason(s) for
21
such action, any conditions relating to the action taken, and the necessary
corrective ,action(s).
9.3 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 allodated to fiend 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
Program, the CITY shall determine, in its .sole and absolute discretion, the
availability of funds 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
SUBRECIPIENT is not materially complying 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 determines, in its sole and absolute discretion, that there
exists an,event• of -default under and pursuant to the tenns of any other agreement
• .--Or.-Obligation of any kind of -nature-Whatsoever of the SUBRECIPIENT to the
CITY, direct or contingent, whether now • or hereafter due, existing, created or
arising,
22
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
MISCELLANEOUS 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 SUBRECIPIENT
under -this Agreement shall be delivered to the CITY upon completion of the activities required
23
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.
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 vrithout 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 Agreement and that it has
not offered to pay, paid, or agreed to pay any person employed by the CITY any fee,
commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from the
award of this Agreement.
10,5 NON-DELEGABILITY, 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 withheld in the CITY's
sole 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
24
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
_disclosed in writing to the CITY.
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), Miami -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.
10.7.3 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
10,8 NO OBLIGATION TO RENEW. Upon expiration of the term 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 attachments 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: A11 notices or other communications which shall or may be given pursuant to
this Agreement shall be in writing and shall be delivered by in person delivery
• orby registered mail addressed to the other party at the address indicated herein
25
or as the same 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, 2nd Floor
Miami, Florida 33130
SUBRBCIPIENT
Boys and Girls Clubs of Miami -Dade, Inc.
2805 SW 32 Avenue
Miami, FL 33133
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 terns of this Agreement and .any terms or
conditions contained in any attached documents, the terms in this Agreement
shall control.
10,10.4 No waiver of breach 'of any provision 'of this Agreement shall 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 please 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
26
severed, and in either event, the remaining terns 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 SUBRECITIENT 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 SUBRECIPIENT's governing body,
authorizing the execution of the Agreement, including all understandings and assurances
contained herein, and directing and authorizing the person identified as the official
representative of the SUBREC]PIENT to act in connection with this Agreement and to
provide such information as maybe required,
27
IN WIT11TESS WHEREOF, the parties hereto have caused this instrument to be executed
by their respective officials thereunto duly authorized on the date above written.
SUBRECIPLENT
Boys and Girls Clubs of Miami -Dade, Inc.
2805 SW 32 Avenue
Miami, FL 3'3133
a State of Florida not -for -profit corporation
i
E- o By: V ,„__ 10
ame: James Bernhardt .Date Name: Raul Marmol Date
Title: President Emeritus . Title: Board President
CORPORATE SEAL
B
3-3o -to
Priscilla A, Thompsbn Date
City Clerk
APPROVED AS To ,!
INSURANCE RE/ {IREMBNTS:
i jj�'f• � J/J
,1310.ry . 2/1/ I f v
y:
Len Br 1un
J Risk Management
Date
CITY OF M I, a municipal
Corporatioi f the State of Florida
y:
Carlos A. Migoya
City Manager
APPROVED AS TO FORM AND
CORRECTNESS:
Date
By;\r/IT/bVb
Juli Brut Date.
CifyAttorney
28
EXHIBIT B- WORK PROGRAM
• February 2010- Submit proposed Beautification Project to City of Miami for
review and permitting. ,
• February 2010- Meet with all subcontractors to recertify that all needed licenses
are current and begin the process of obtaining required permits;
• Mardi 2010- After obtaining permits, have landscaping subcontractor remove all
Brazilian Pep.per trees and accumulated debris.
• April 2010- Concrete subcontractor to repair or replace damaged sidewalks with
new concrete sidewalks.
• May 2010- Chain link fencing removed and brand new iron fence work installed
on south side of our Hank Kline Club property from SW 31'1 Avenue to SW 32nd
Avenue facing US 1.
• June 2010- Electrician to install new lighting and landscaping subcontractor to
install new sod in designated areas where concrete was not poured and paved.
• July 2010- Have landscaping plan started and cornpleted.
• August 2010- City of Miami Code Compliance Officials to review project and
approve final beautification project. Also, special event to be coordinated with
City of Miami's Mayor's and Commission Office to celebrate joint effort.
1
EXHIBIT C
COMPENSATION AND BUDGET SUMMARY
A. The CITY shall pay to the Subrecipient an amount not to exceed $150,000 for the services
required pursuant to this Agreement.
B. 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 services performed by the
Subrecipient pursuant to this Agreement and/or payments by the CITY hereunder.
C. Requests for payment under this Agreement shall be made in accordance with the procedures
provided in Exhibit D-Disbursement Procedures.
D. The Subrecipient's itemized Project Budgets, Cost Allocation Report for Construction,
Rehabilitation and Improvements, and Budget Narratives are attached hereto and made part
of this Agreement. The Budgets shall list in detail all the costs for the Project including, but
not limited to, technical assistance, rehabilitation costs, and costs for architects,
advertisement(s), permits and signs.
E. The Subrecipient must submit to the CITY its final request for payment within thirty (30)
calendar days following the expiration date or termination date of this. Agreement, in a form
provided by the City. The CITY shall not pay any request for payment submitted thereafter.
F. Any payment due under this Agreement may be withheld pending the receipt and approval by
the CITY of all reports due from the Subrecipient under this Agreement, as the same may be
amended from time to time,
01 /07/10
Executive Defector Date
RECEIVED - CITY OF MIAMI
DEPT. OF COMMUNITY DEVELOPMENT
AMENDMENT #3
SEP 302011
co
Thus Amendment.#3..to the.Ag:eement.,between ,the, City of Miami,QPTSNip
corporation of the State of Florida ("City") and Boys and Girls Club of Miami Dade,
("Sub -Recipient') dated March 30, 2010 (the "Agreement") is entered into this
day of k\b\t(t i u- , 2011.
RECITAL
WHEREAS, the City and Sub -Recipient, have heretofore entered into the
Agreement which sets forth the terms and conditions pursuant to which the City provided
Sub -Recipient the sum of One Hundred and Fifty Thousand dollars ($150,000) to provide
Public Facilities and Improvements to the Hank Kline Club as authorized by the City
Commission through Resolution No 09-0540 adopted December 10, 2009; and
WHEREAS, the City Commission adopted Resolution No. R-11-0013 on
January 13, 2011, wherein Sub -Recipient was given the additional sum of Fifty Thousand
dollars ($50,000) for a total of Two Hundred Thousand dollars ($200,000) to continue to
provide Public Facilities and Improvements to the Hank Kline Club; and
WHEREAS, the City Commission adopted Resolution No. R-11-0262 on June
23, 2011, wherein Sub -Recipient was given the additional sum of One Hundred Fifty
Thousand dollars ($150,000) for a total of Three Hundred and Fifty Thousand dollars
($350,000) to continue to provide Public Facilities and Improvements to the Hank Kline
Club; and
WHEREAS, the City Cornrnission adopted Resolution No. R-11-0358 on
September 15, 2011, whereas the Miami City Commission authorizes the extension of the
Agreement from September 31, 2011 to March 31, 2012, to continue to provide Public
Facilities and Improvements to the Hank Kline Club.
WHEREAS, except as amended below, all contract funds are subject to the same
terms and conditions as contained in the Agreement.
NOW, . THEREFORE, in consideration of the foregoing, the City • and Sub-
-Recipient hereby agree to amend the Agreement as follows:
• • 1. Exhibit B. of the Agreement (Work Program/Timeline) is amended to the new
Exhibit B attached to this Amendment.
IN WITNESS THEREOF, the City and Sub -Recipient have caused this instrument to be
executed by their respective officials as of the date of the first above written.
ATTEST:
9/27/11
Name: Frank. eve a Date -
Title Director of Grants
Development
ATTEST:
B
SUB -RECIPIENT
Boys and Girls Club of Miami Dade. •
2805 SW 32 Avenue
Miami, Florida 33133
a Florida not -for -profit corporation
By: 9/27/11
Name: Alex Rodguez-Roig Date
Title: Executive Director
CORPORATE SEAL:
CITY OF MIAMI, a municipal Corporation
of the State of Florida
By;
It a2 -l(
Prisc'x1a A. Thompson Date Jo j ;, iy Mart nez \ Date
City L-lerk Ci Manage
APPROVED AS TO
FORM AND CORRECTNESS:
APPRO
REQ
0 INSURANCE
By: ' 7-)/ B :
Julie O. Bru Date alvin Ell' Date
City :Attome - irector l isk I\ nagement
.\- 2-t
City of Miami
Legislation
Resolution: R-11-0358
City Hall
3500 Pan American
Drive
Miami, FL 331.33
www,miamigov,com
. File Number: 114)0764 •
Final Action Date: 9/15/2011
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER 3, IN
SUBSTANTIALLY THE ATTACHED FORM, TO THE AGREEMENT BETWEEN THE
CITY OF MIAMI AND BOYS AND GIRLS CLUB OF MIAMI-DADE, INC.,
EXTENDING THE AGREEMENT END DATE FROM SEPTEMBER 30., 2011 TO
MARCH 31, 2012, FOR PUBLIC FACILITIES AND IMPROVEMENT ACTIVITIES TO
THE HANK KLINE CLUB LOCATED AT 2805 SOUTHWEST 32ND AVENUE, MIAMI,
FLORIDA.
WHEREAS, pursuant to Resolution Nos. 09-0540, 11-0013, and 11-0262, adopted December 10,
2009, January 13, 2011, and June 23, 2011, respectively, the City Commission approved the allocation
of $150,000, $50,000, and an additional $150,000, for a total of $350,000, to the Boys and Girls Club
of Miami -Dade, Inc. for public facilities and improvement activities to the Hank Kline Club located at
2805 Southwest 32nd Avenue, Miami, Florida ("Hank Kline Club"); and
WHEREAS, due to delays in the start of the construction, the project will not be completed by the
September 30, 2011 deadline; and
WHEREAS, the City Administration recommends execution of Amendment Number 3 to the
Agreement between the City and Boys and Girls Club of Miami -Dade, Inc. extending the Agreement
end date from September 30, 2011 to March 31, 2012, for public facilities and improvement activities
to the Hank Kline Club;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized {1} to execute Amendment Number 3, in substantially
the attached form, to the existing Agreement, between the City and Boys and Girls Club of
Miami -Dade, Inc. extending the Agreement end date from September 30, 20101 to March 31, 2012, for
public facilities and improvement activities to the Hank Kline Club,
—Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
City of Miami.
Page 1 of 2 File Id: 11-00764 (Version: 1) Printed On: 10/3/2011
File Number: 11-00764 Enactment Number: R-11-0358
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City
Charter and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10)
calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by the City Commission.
Page 2 a 2 File Id: 11-00764 (Version: 1) Printed On.: 10/3/2011
City of117iauri'.. :.' . ........_, ..._. . - f
EXHIBIT B-TIMELINE
Week of August 1st
Fencing- Began setting post on south side (US-1)
Week of August 8th
Started Irrigation
Week of August 15th
Tenting fumigation completed
Ordered field light poles and fixtures
Chain link fence removal (parking lot)
Week of October 3rd
Landscaping permitting and mobilization
Fencing- Continue setting post on south side (US-1)
Week of October 10th
Begin gutter work throughout
Expansion of concrete walkway and concrete slab for maintenance shed
Permitting and mobilization for walkway/vita course
Fencing- permitting and mobilization for remaining 3 sides
Fencing- south side (US-1) work continues
Landscaping continues
Week of October 17th
Begin security lights and cameras
Fencing- south side (US-1) work continues
Landscaping continues
Irrigation work continues
Permitting and mobilization for walkway/vita course continues
Fencing- mobilization for remaining 3 sides continues
Week of October 24th
Install Solar Lights & Benches
Remove concrete and replace with asphalt next to administrative office
Fencing- south side (US-1) final permit
Landscaping continues
Irrigation work continues
Walkway/vita course work continues
Fencing- mobilization for remaining 3 sides continues
Field light poles and fixtures work continues
Security lights and cameras work continues
Week of October 31st
Parking Lot- paint and re -stripe
Landscaping continues
Irrigation work continues
Walkway/vita course work continues
Fencing- mobilization for remaining 3 sides continues
Week of October 31 st (continued)
Field light poles•and fixtures workcontinues
Week of November 7th
Installation of Gymnasium Windows
Walkway/vita course work continues
Fencing- mobilization for remaining 3 sides continues
Field Tight poles and fixtures work continues
Week of November 14th
Installation of Gymnasium Windows
Walkway/vita course work continues
Fencing- mobilization for remaining 3 sides continues
Field light poles and fixtures work continues
Week of November 21st
Installation of Gymnasium Windows
Fencing- mobilization for remaining 3 sides continues
Field Tight poles and fixtures work continues
Week of November 28th
Walkway/vita course work continues
Fencing- mobilization for remaining 3 sides continues
Field light poles and fixtures work continues
Week of December 5th
Walkway/vita course work continues
Fencing- mobilization for remaining 3 sides continues
Field light poles and fixtures work continues
Week of December 12th
Walkway/vita course work continues
Fencing- mobilization for remaining 3 sides continues
Field light poles and fixtures work continues
Week of. December 19th
Walkway/vita course work concludes
Fencing- mobilization for remaining 3 sides concludes
Field light poles and fixtures work concludes
Week of December 26th
City of Miami . Code Compliance Officials to review project and approve final
beautification project
January2012
SpeciaLevent to be coordinated with City of Miami's Mayor's and Commission Office to
celebrate joint effort and completion of US 1/Hank Kline Club Beautification Project
EXHIBI`f
REHABILITATION B
ITEM
DESCRIPTION
AMOUNT
Fence work
Removal of parking lot chain link fence
$400
Fence work
Placement of temporary fence
$600
Fence work
Replacement of chain link fence with aluminum
fencing East Side
$35,000
Fence work
Replacement of chain link fence with aluminum
fencing North Side
$25,000
Fence work
Replacement of chain link fence with aluminum
$23,000
Fence work
Replacement of chain link fence with aluminum
fencing South Side
$31,000
'Security Gates
Installation of two electrically controlled security
$5,200
Lighting
Purchase of Light Poles '
$6,661
Lighting
.Installation of Light Poles
$800
Lighting
Removal and installation of two new concrete
field light poles w/lights
$43,000
Lighting
Repair of all security lights on property
$1,200
Security and
Surveillance
Installation of security surveillance system
including security cameras in parking lot
$6,300
Equipment
Purchase of new Benches
$3,527
Equipment
Installation of Benches
$1 000
Pavement
Permitting and provision of asphalt walkway
$5,500
Pavement
Removal or repair of existing sidewalks
and installation of new asphalt & concrete
pavement per plans •
$19,000
Pavement
Vita Course
$12,000
Pavement
Repair asphalt & striping for parking spaces
$4,000
Pavement
Expand concrete walkway by baseball field # 3 •
$3,700
Pavement
Pouring of concrete slab
$2,200
Landscaping
Purchase & planting of new trees, sod, mulching,
etc.
$29,700
Irrigation
Design & installation of irrigation connection to
existing and install six new sprinklers
$7,600
Windows
Removal of Existing windows & fences and
replace with hurricane resistant glass panes
$25,600
Gutters
Replacement of all gutters on three buildings on
property
$4,900
.Pest Control.--
Tenting & fumigation of three buildings-.. on
$11,200„
property
Overhead .- and
Profit
Overhead & Profit- General Contractor
$36,343
Sign---
Miami CDBG Project Sign for the Project
$500
Environmental
Miami C.DBG Environmental Fees
$5,000
Recording Fees
Miami CDBG Recording Fees
$69
TOTAL =
$350,000
1
AMENDMENT #2
This A-mendrnnent42;t6.::the-Agsgeeinent,between-the City of Mianu, a municipal
corporation of ,the.State of ,Florida. ("City" ) ;and Boys and Girls Club of Miami Dade,
("Sub -Recipient') dated March 30, 2010 (the "Agreement") is entered into this \6+-
day of 101-akiblr, 2011.
RECITAL
WHEREAS, the City and Sub -Recipient, have heretofore entered into the
Agreement which sets forth the terns and conditions pursuant to which the City provided
Sub -Recipient the sum of One Hundred and Fifty Thousand dollars ($150,000) to provide
Public Facilities and Improvements to the Hank Kline Club as authorized by the City
Commission through Resolution No 09-0540 adopted December 10; 2009; and
WHEREAS, the City Commission. adopted Resolution No, R-11-0013 on
January 13, 2011, wherein Sub -Recipient was given the additional sum of Fifty Thousand
dollars ($50,000) for a total of Two Hundred Thousand dollars ($200,000) to continue to
provide Public Facilities and Improvements to the Hank Kline Club; and
WHEREAS, the City Commission adopted Resolution No. R- j. j - 0 2 6 E. on
June 23, 2011, wherein Sub -Recipient was given the additional sum of One Hundred
Fifty Thousand dollars ($150,000) for a total of Three Hundred and Fifty Thousand
dollars ($350,000) to continue to provide Public Facilities and Improvements to the Hank
Kline Club; and
WHEREAS, except as amended below, all contract funds are subject to the same
tens and conditions as contained in the Agreement.
`NOW; --THEREFORE; in -consideration of; the, for-egoilag, the City and Sub -
Recipient hereby agree to amend the Agreement as follows
l._ Exhibit B of the Agreement (Work Program) is amended to the new Exhibit B
attached to this Amendment.
2. Exhibit C .of the Agreement (Compensation and Budget) is amended to the new
Exhibit C attached to this Amendment,
Maximum Compensation for this contract .has increased to Three Hundred and Fifty
Thousand dollars ($350,000.00).
IN WITNESS THEREOF, the City and Sub -Recipient have caused this instrument to be •
executed by their respective officials as of the date of the first above written.
ATTEST:
Name: 1 A4/- 44-1/-
Title /or o Ct-ra, i-5
ATTEST:
SUB -RECIPIENT
Boys and Girls Club of Miami Dade.
2805 •SW .32 Avenue
Miami, Florida 33133
a Florida not -for -profit corporation
By:
7/2.694
Date Name: Date
To B`( _A /4j / /) .
Priscilla A. Thoiupson I Date
City Clerk U-; ( /
• APPROVED AS TO
Title:
CORPORATE SEAL:
Cl'lY OF MIAMI, a municipal Corporation
of the State of Florida
B y:
Jo ririy IVlariindz
Cl Manager
D ate
APPROVED S TO INSURANCE
FORM AND CORRECTNESS: REQtIREMI�TTS
r
By:
Julie O. B
City Attorney•,
r
�.� By:►; I i i gill
Date Calvin Ellis [ 'Date
`J I Director Risk Management
City of Miami.
Legislation
Resolution: R-11-0262
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00464 Final Action Date: 6/23/2011
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS, IN THE AMOUNT OF $150,000, FROM THE CITY OF MIAMI
DEPARTMENT OF COMMUNITY DEVELOPMENT DISTRICT 2 ECONOMIC
• DEVELOPMENT RESERVE ACCOUNT TO THE BOYS AND GIRLS CLUBS OF
MIAMI-DADE, INC., FOR PUBLIC FACILITIES AND IMPROVEMENT ACTIVITIES;
FURTHER •AUTHORIZING THE CITY MANAGER TO 'EXECUTE AMENDMENT
NUMBER TWO TO THE CONTRACT BETWEEN THE CITY OF MIAMLAND THE
BOYS AND GIRLS CLUB OF MIAMI-DADE, INC., IN SUBSTANTIALLY THE
ATTACHED FORM, FOR SAID .PURPOSE.
WHEREAS, the Boys and Girls Club of Miami -Dade, Inc. is a charitable organization founded
in 1940, which is devoted to providing educational, recreational and otherworthwhile activities for local
youth; and
VVHEREAS, the Hank Kline Club, a club of the Boys and Girls Club of .Miami -Dade, Inc.,
provides year-round after school sports and summer programs to over 1,500 youth from Miami and the
neighboring communities; and
WHEREAS, pursuant to Resolution Nos. 09-0540 and 11-0013, adopted December 10, 2009
and January 13., 2011, respectively, the City Commission approved the allocation of $150,000 and an
additional $50,000, for a total of $200,000, to the Boys and Girls Clubs of Miami -Dade, Inc. for public
facilities and improvement activities to the Hank Kline Club located at 2805 Southwest 32nd Avenue,
Miami, Florida; and
WHEREAS, the improve:me:nts to the facility includes fence and gate work, security gates,
paving, landscaping, irrigation system, solar and sports field security lights, security cameras,
benches, gymnasium windov✓s, gutter installation, tent fumigation and a maintenance shed; and
WHEREAS, the City Administration recommends the execution of Amendment Two to the
contract between the City and the Boys and Girls Club of Miami -Dade, Inc., the allocation of
Community Development Block Grant ("CDBG") funds, in the amount of $150,000 from the City's
Department of Community Development District 2 Economic Development Reserve Account to the
,Boys and Girls Clubs- of Miami -Dade, Inc., for public facilities and improvement activities;
FLORIDA:
-NOW; THEREFORE —BE IT -RESOLVED BYTHE COMMISSION OFTHE CITY OF
Section .1, The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as if fully set forth in this section.
Section-2, The allocation of CDBG funds, in the amount of $150,000 from the City's
City, o Miami. _ Paae 1 o 2
File ld..Z1„ e0461 rsi. rx: I Priil.ted On.: 7/26/20
File Number: 11-00464
Enactment Number: R-11-0262
Department of Community Development District 2 Economic Development Reserve account to the
Boys and Girls Clubs of Miami -Dade, Inc., for public facilities and improvement activities, is authorized.
Section 3. The 'City °Manager is authorized {1} to .execute Amendment Number Two to the
contract between the City and the Boys and Girls Club of Miami -Dade, Inc., in substantially the
attached form, for said purpose.
Section 4, This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2}
Footnotes:
{1} The herein authorization is further subject to compliance vntith ail •requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City
Charter and Code provisions.
{2} If the Mayor does not sign this Resolution., it shall become effective at the end of ten (10)
calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by the City Commission.
---FUg..1d 1,40-01 4¢0 er,s a34_-.71 . 1 c1 121.?4:_ ?. ?. 11 �..
EXHIBI1-
REHABILITATION BUDGET AND SCHEDULE
ITEM
DESCRIPTION
AMOUNT
Fence work
Removal of parking lot chain link fence
$400
Fence work
Placement of temporary fence
$600
Fence work
Replacement of chain link fence with aluminum
fencing East Side
$35,000
Fence work
Replacement of chain link fence with aluminum
fencing North Side
$25,000
Fence work
Replacement of chain link fence with aluminum
fencing West Side
$23,000
Fence work
Replacement of chain link fence with aluminum
fencing South Side .
$31,000
Security Gates
Installation of two electrically controlled security
entry gates
$5,200
Lighting
Purchase of Light Poles
$6,661
Lighting
Installation of Light Poles
$800
Lighting
Removal and installation of two new concrete
field light polesw/lights
$43,000
Lighting
Repair of all security lights on property
$1,200
Security and
Surveillance
Installation of security surveillance system
including security cameras in parking lot
$6,300
Equipment
Purchase of new Benches
$3,527
Equipment
Installation of Benches
$1,000
Pavement
:Permitting and provision of asphalt walkway
$5,500
Pavement
Removal or repair of existing sidewalks
and .installation of new asphalt & concrete
pavement per plans
$19,000
Pavement .
Vita Course
$12,000
Pavement
Repair asphalt & striping for parking spaces
$4,000
Pavement
Expand concrete walkway by baseball field # 3
$3,700
Pavement
Pouring of concrete slab
$2,200
Landscaping
Purchase & planting of new trees, sod, mulching,
etc.
$29,700
Irrigation
Design & installation of irrigation connection to
existing and install six new sprinklers
$7,600
Windows
Removal of Existing windows & fences and
replace with hurricane resistant glass panes
$25,600
Gutters
Replacement of all gutters on three buildings on
property
$4,900
Pest Control _
Tenting & fumigation of three buildings on
property
$11,200
Overhead and
Profit
Overhead & Profit- General Contractor -.
$36,343
Sign
Miami CDBG Project Sign for the Project
$500
Environmental
Miami CDBG Environmental Fees
$5,000
Recording Fees
Miami CDBG Recording Fees
$69
TOTAL
$350,000
1
PROJECT TIMELINE
Week of August 1st
Landscaping permitting and mobilization
Fencing- setting post on south side (US-1)
Week of August 8th
Begin gutter work throughout
Starting Irrigation
Expansion of concrete walkway and concrete slab for maintenance shed
Permitting and mobilization for walkway/vita course
Fencing- permitting and mobilization for remaining 3 sides
Fencing- south side (US-1) work continues
Landscaping continues
Week of August 15th
Tenting fumigation
Order field light poles and fixtures
Begin security lights and cameras
Chain link fence removal (parking lot)
Fencing- south side (US-1) work continues
Landscaping continues
Irrigation work continues
Permitting and mobilization for walkway/vita course continues
Fencing- mobilization for remaining 3 sides continues
Week of August 22"d
Install Solar Lights & Benches
Remove concrete and replace with asphalt next to administrative office
Fencing- south side (US-1) final permit
Landscaping continues
Irrigation work continues
Walkway/vita course work continues
Fencing- mobilization for remaining 3 sides continues
Field light poles and fixtures work continues
Security lights and cameras work continues
Week of August 29th
Parking Lot- paint and re -stripe
Landscaping continues
Irrigation work continues
Walkway/vita course work continues
Fencing- mobilization for remaining 3 sides continues
Field light poles and fixtures -work continues
Week of September 5th
Installation of Gymnasium Windows
Walkway/vita course work continues
Fencing- mobilization for remaining 3 sides continues
Field light poles and fixtures work continues
Week of September 12th
Installation of 'Gymnasium Windows
Walkway/vita course work continues
Fencing- mobilization for remaining 3 sides continues
Field light poles and fixtures work continues
Week of September 19th
Installation of Gymnasium Windows
Fencing- mobilization for remaining 3 sides continues
Field light poles and fixtures work continues
Week of September 26th
Walkway/vita course work continues
Fencing- mobilization for remaining 3 sides continues
Field light poles and fixtures work continues
Week of October 3rd
Walkway/vita course work continues
Fencing- mobilization for remaining 3 sides continues
Field light poles and fixtures work continues
Week of October 10th
Walkway/vita course work continues
Fencing- mobilization for remaining 3 sides continues
Field light poles and fixtures work continues
Week of October 17th
Walkway/vita course work concludes
Fencing- mobilization for remaining 3 sides concludes
Field light poles and fixtures work concludes
Week of October 24th
City of Miami Code Compliance Officials to review project and approve final
beautification project
Week of October 31st
:Special event to be coordinated with City of Miami's Mayor's and Commission Office to
celebrate joint effort
3
EXHIBIT C - COMPENSATION AND BUDGET SUMMARY
A. The CITY shall pay the SUBRECIPTENT, as maximum compensation for the services
required pursuant to this Agreement, the sum of S350,000.
B. SUBRECIPIENT's itemized Project Budget, Cost Allocation and Budget Narrative are
attached hereto and made part of this contract.
C. During the teen 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
Cl"l Y.
D. Requests for payment should be made at least on a monthly basis as per the guidelines
. stated in Exhibit "J".
•
E. The SUBRECIPIENT must submit the final request for payment to the CITY within 30
calendar days following the expiration date or termination date of this Agreement in a
form provided by the Department. 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.
F. 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.
Executive Direct6r
AMENDMENT #2
This Amendment•.#2 .to the;Ageement.between the,.City of Miami, a municipal
corporation of the State .of.Florida ("City") and Boys and Girls Club of Miami Dade,
("Sub-Reci ient') dated March 30, 2010 (the "Agreement") is entered into this cg13i-
day of Lfl M , 2011.
RECITAL
WHEREAS, the City and Sub -Recipient, have heretofore entered into the
Agreement which sets forth the terms and conditions pursuant to which the City provided
Sub -Recipient the sum of One Hundred and Fifty Thousand dollars ($150,000) to provide
Public Facilities and Improvements to the Hank Kline Club as authorized by the City
Commission through Resolution No 09•-0540 adopted December 10, 2009; and
WHEREAS, the City Commission adopted Resolution No. R-11-0013 on
January 13, 2011, wherein Sub -Recipient was given the additional sum of Fifty Thousand
dollars ($50,000) for a total of Two Hundred Thousand dollars ($200,000) to continue to
provide Public Facilities and Improvements to the Hank Kline Club; and
WHEREAS, the City. Commission adopted Resolution No. R- ! 1- 0Z6 on
June 23, 2011, wherein Sub -Recipient was given the additional sum of One Hundred
Fifty Thousand dollars ($150,000) for a total of Three Hundred and Fifty Thousand
dollars ($350,000) to continue to provide Public Facilities and Improvements to the Hank
Kline Club; and
WHEREAS, except as amended below, all contract funds are subject to the same
teens and conditions as contained in the Agreement.
.NOW. THEREFORE in consideration of ..the foregoing, the City and Sub -
Recipient hereby agree to amend the Agreement as follows
1: -`-Exhibit B 'of the Agreement (Work Program) is amended to the new Exhibit B
attached to this Amendment.
2. Exhibit C of the Agreement (Compensation and Budget) is amended to the new
Exhibit C attached to this Amendment.
Maximum Compensation for this contract has increased to Three Hundred and Fifty
Thousand 'dollars ($350;000:00).
IN WITNESS THEREOF, the City and Sub -Recipient have caused this instrument to be
executed by their respective officials as of the date of the first above written.
ATTEST:
Naive: fi��G ���✓� ��
Title irec /v( oiCr-an I s
ATTEST:
SUB -RECIPIENT
Boys and Girls Club of Miami Dade.
2805 SW 32 Avenue
Miami, Florida 33133
a Florida not -for -profit corporation
7/e�, o�
By:
Date Naive:
ve%rnei Title:
CORPORATE SEAL:
7/2s//,
Priscilla A. Thompson 1 Date
City Clerk 'G /"_(/
APPROVED AS TO
'-FORM AND CORRECTNESS:
By:
Julie O.
• City Attorney --
Date
D ate
CITY OF MIAMI, a municipal Corporation
of the State of Florida
By:
Jol nny MartinoTz
Ci Manager
APPROVED S TO INSURANCE
REQUIREMEN
By: I i
Calvin Ellis
\ J + Director Risk Management
%S :
•
ate
City of Miami
Legislation
Resolution: R-11-0262
City Hall
3500 Pan American
Drive
Miami, FL 33133
w w.miamigov.com
File Number: 11-00464
Final Action Date: 6/23/2011
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS, IN THE AMOUNT OF $150,000, FROM THE CITY OF MIAMI
DEPARTMENT OF COMMUNITY DEVELOPMENT DISTRICT 2 ECONOMIC
DEVELOPMENT RESERVE ACCOUNT TO THE BOYS AND GIRLS CLUBS OF
MIAMI-DADE, INC., FOR PUBLIC FACILITIES AND IMPROVEMENT ACTIVITIES;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT
NUMBER TWO TO THE CONTRACT BETWEEN THE CITY OF MIAMI AND THE
BOYS AND GIRLS CLUB OF MIAMI-DADE, INC., IN SUBSTANTIALLY THE
ATTACHED FORM, FOR SAID PURPOSE.
WHEREAS, the Boys and Girls Club of Miami -Dade, Inc. is a charitable organization founded.
in 1940, which is devoted to providing educational, recreational and other worthwhile activities for local
youth; and
WHEREAS, the Hank Kline Club, a club of the Boys and Girls Club of Miami -Dade, Inc.,
provides year-round after school sports and summer programs to over 1,500 youth from Miami and the
neighboring communities; and
WHEREAS, pursuant to Resolution Nos. 09-0540 and 11-0013, adopted December 10, 2009
and January 13, 2011, respectively, the City Commission approved the allocation of $150,000 and an
additional $50,000, for total of $200,000, to the Boys and Girls Clubs of Miami -Dade, Inc. for public
facilities and improvement activities.to the Hank Kline Club located at 2805 Southv✓est 32nd Avenue,
Miami, Florida; and
WHEREAS, the improvements to the facility includes fence and gate work, security gates,
paving, landscaping, irrigation system, solar and sports field security lights, security cameras,
benches, gymnasium windows, gutter installation, tent fumigation and a maintenance shed; and
WHEREAS, the City Administration recommends the execution of Amendment Two to the
contract between the City and the Boys and Girls Club of Miami -Dade, Inc., the allocation of
Community Development Block Grant ("CDBG") funds, in the amount of $150,000 from the City's
Department of Community Development District 2 Economic Development Reserve Account to the
Boys and Girls Clubs of Miami -Dade, Inc., for public facilities and improvement activities;
`NOW,"THEREFORE,IB.EIT RESOLVED BY THE COMMISSION OFTH,E:CITY.OF;MIAMI,,.....
FLORIDA:
- Section 1. The -recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as if fully set forth in this section,
Section 2. The allocation of CDBG funds, in the amount of $150,000 from the City's
Cit>> o li�iami Page o12 le .Id: , 046 r!ersi.gn.: IJ Printed O Z /20
File Number: 11-00464
Enactment Number: R-11-0262
Department of Community Development District 2 Economic Development Reserve account to the
Boys and Girls Clubs of Miami -Dade, Inc., for public facilities and improvement activities, is authorized.
Section 3. The City;Manageris,authorized {1} to execute Amendment Number Two to the
contract between the City and the Boys and Girls Club of Miami -Dade, Inc., in substantially the
attached form, for said purpose.
Section 4, This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2}
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City
Charter and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10)
calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by the City Commission.
,. - .a._-m-aaa--,.. 1=1=vammFzamzsmxL^ "93
EX4-11BtrB-WORK'PROGRAM •
REHABILITATION' BUDGET AND°SCHEDULE
ITEM
DESCRIPTION
AMOUNT
Fence work
Removal of parking lot chain link fence
$400
Fence work
Placement of temporary fence
$600
Fence work
Replacement of chain link fence with aluminum
fencing East Side
$35,000
Fence work
Replacement of chain link fence with aluminum
fencing North Side
$25,000
Fence work
Replacement of chain link fence with aluminum
fencing West Side
$23,000
Fence work
Replacement of chain link fence with aluminum
fencing South Side
$31,000
Security Gates
Installation of two electrically controlled security
entry gates
$5,200
Lighting
Purchase of Light Poles
$6,661
Lighting
Installation of Light Poles
$800
Lighting
Removal and installation of two new concrete
field light poles w/lights
$43,000
Lighting
Repair of all security lights on property
$1,200
Security
Surveillance
and
Installation of security surveillance system
including security cameras in parking lot
$6,300
Equipment
Purchase of new Benches
$3,527
Equipment
Installation of Benches
$1,000
Pavement
Permitting and provision of asphalt walkway
$5,500
Pavement
Removal or repair of existing sidewalks
and installation of new asphalt & concrete
pavement per plans
$19,000
Pavement
Vita Course
$12,000
Pavement
Repair asphalt & striping for parking spaces
$4,000
Pavement
Expand concrete walkway by baseball field # 3
$3,700
Pavement
Pouring of concrete slab
$2,200
Landscaping
Purchase & planting of new trees, sod, mulching,
etc.
$29,700
Irrigation
Design & installation of irrigation connection to
existing and install six new sprinklers
$7,600
Windows
Removal of Existing windows & fences and
replace with hurricane resistant glass panes
$25,600
Gutters
Replacement of all gutters on three buildings on
property
$4,900
Pest Control
Tenting & fumigation of three buildings on
property
$11,200
Overhead
Profit
and
Overhead & Profit- General Contractor`
' -
$36,343
•
Sign
Miami CDBG Project Sign for the Project
$500
Environmental
Miami CDBG Environmental Fees
$5,000
Recording Fees
Miami CDBG Recording Fees
$69
TOTAL =
$350,000
1
PROJECT TIMELINE
Week of August 1st
Landscaping permitting and mobilization
Fencing- setting post on south side (US-1)
Week of August 8th
Begin gutter work throughout
Starting Irrigation
Expansion of concrete walkway and concrete slab for maintenance shed
Permitting and mobilization for walkway/vita course
Fencing- permitting and mobilization for remaining 3 sides
Fencing- south side (US-1) work continues
Landscaping continues
Week of August 15th
Tenting fumigation
Order field Tight poles and fixtures
Begin security lights and cameras
Chain link fence removal (parking lot)
Fencing- south side (US-1) work continues
Landscaping continues
Irrigation work continues
Permitting and mobilization for walkway/vita course continues
Fencing- mobilization for remaining 3 sides continues
Week of August 22nd
Install Solar Lights & Benches
Remove concrete and replace with asphalt next to administrative office
Fencing- south side (US-1) final permit
Landscaping continues'
Irrigation work continues
Walkway/vita course work continues
Fencing- mobilization for remaining 3 sides continues
Field light poles and fixtures work continues
Security lights and cameras work continues
Week of August 29th
Parking Lot- paint and re -stripe
Landscaping continues
Irrigation work continues
Walkway/vita course work continues
Fencing- mobilization for remaining 3 sides continues
Field light poles and fixtures work continues
Week of September 5th
Installation of Gymnasium Windows
Walkway/vita course work continues
Fencing- mobilization for remaining 3 sides continues
Field light poles and fixtures work continues
Week of September 12th
Installation of Gymnasium Windows
Walkway/vita course work continues
Fencing- mobilization'forremaining 3.sides continues
Field light poles and fixtures work continues
Week of September 19th
Installation of Gymnasium Windows
Fencing- mobilization for remaining 3 sides continues
Field light poles and fixtures work continues
Week of September 26th
Walkway/vita course work continues
Fencing- mobilization for remaining 3 sides continues
Field light poles and fixtures work continues
Week of October 3rd
Walkway/vita course work continues
Fencing- mobilization for remaining 3 sides continues
Field light poles and fixtures work continues
Week of October 10th
Walkway/vita course work continues
Fencing- mobilization for remaining 3 sides continues
Field light poles and fixtures work continues
Week of October 17th
Walkway/vita course work concludes
Fencing- mobilization for remaining 3 sides concludes
Field light poles and fixtures work concludes
Week of October 24th
City of Miami Code. Compliance Officials to review project and approve final
beautification project
Week of October 31st
Special event to be coordinated with City of Miami's Mayor's and Commission Office to
celebrate joint effort
3
EXHIBIT C — COMPENSATION AND BUDGET SUMMARY
A. The CITY shall pay the SUBRECIPIENT; as maximum compensation for the services
required pursuant to this Agreement, the sum of $350,000.
B. SUBRECIPIENT's Itemized Project Budget, Cost Allocation and Budget Narrative are
attached hereto and made part of this contract.
C. 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.
D. Requests for payment should be made at least on a monthly basis as per the guidelines
stated in Exhibit "J".
E. The SUBRECIPIENT must submit the final request for payment to the CITY within 30
calendar days following the expiration date or termination date of this Agreement in a
form provided by the Department. If the SUBRECIPIENT fails to comply with this
requirement, the SUB.RECIPIENT shall forfeit all rights to payment and the CITY shall
not honor any request submitted thereafter.
F. 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.
4g- //
Executive Direct r Date
AMENDMENT #1
This Amendment #1 to the Agreement between the City of Miami, a municipal
corporation of the State of Florida ("City") and Boys and Girls Club of Miami Dade,
("Sub -Recipient') dated March 30, 2010 (the "Agreement") is entered into this CD- -4.
day of
,2011.
RECITAL
WHEREAS, the City and Sub -Recipient, have heretofore entered into the
Agreement which sets forth the terms and conditions pursuant to which the City provided
Sub -Recipient the sum of One Hundred and Fifty Thousand dollars ($150,000) to provide
Public. Facilities and Improvements to the Hank Kline Club as authorized by the City
Commission through Resolution No 09-0540 adopted December 10, 2009; and
WHEREAS, the City Commission adopted Resolution No. R-11-0013 on
January 13, 2011, wherein Sub -Recipient was given the additional sum of Fifty Thousand
dollars ($50,000) for a total of Two Hundred Thousand dollars ($200,000) to continue to
provide Public Facilities and Improvements to the Hank Kline Club; and
WHEREAS, except as amended below, all contract funds are subject to the same
terns and conditions as contained in the .Agreement.
NOW, THEREFORE, in consideration of the foregoing, the City and Sub -
Recipient hereby agree to amend the Agreement as follows
1. Exhibit B of the Agreement (Work Program) is amended to the new Exhibit B
attached to this Amendment.
Exhibit C of the Agreement (Compensation and Budget) is amended to the new
Exhibit C attached to this Amendment.
Maximum._ Compensation for this contract is increased to Two Hundred Thousand
dollars ($200,000.00).
IN WITNESS THEREOF, the City and Sub -Recipient have caused this instrument to be
executed by their. respective officials as of the date of the first above written.
ATTEST:
SUB-RECIP I KNT
Boys and Girls Club of Miami Dade.
2805 SW 32 Avenue
Miami, Florida 33133
a Florida not -for -profit corporation
/2/11 By: (� 2/2/11
Name: Frank vedra Date Name: Alex Rodriguez- Roig Date
Title: Executive Director
Title Director of Grants
Development
ATTEST:
CORPORATE SEAL:
CITY OF MI I, a municipal Corporation
of the State of Florida
J.rnetx, Atlif,r2ev\-> By:
Priscilla A. Thompson `ony E. Crapp, Jr.
City Manager
City Clerk .`_d,/-7 (�
APPROVED AS TO
FORM AND CORRECTNESS:
By:
Julie O.13 -u''
City Attorney
-F. - ;3 2L
Date
APPROV AS OINSURANCE
REQ MF S :
Reshef cy / Date
inistrator Risk Management
City of Miami
Legislation
Resolution R-11-0013
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 10-01421
Final Action Date:1/13/2011
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS IN THE AMOUNT OF $50,000 FROM THE CITY OF MIAMI
DEPARTMENT OF COMMUNITY DEVELOPMENT DISTRICT 2 ECONOMIC
DEVELOPMENT RESERVE ACCOUNT; ALLOCATING SAID FUNDS TO THE
BOYS AND GIRLS CLUBS OF MIAMI-DADE, INC. FOR PUBLIC FACILITIES AND
IMPROVEMENT ACTIVITIES AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID
PURPOSE.
WHEREAS, the Boys and Girls Club of Miami -Dade, Inc. is a charitable organization founded in
1940, which is devoted to providing educational, recreational and other worthwhile activities for local
youth; and
WHEREAS, the Hank Kline Club provides year-round after school sports and summer programs to
more than 1,500 youth from Miami and the neighboring communities; and
WHEREAS, on December 10, 2009, the City Commission adopted Resolution No. 09-0540
allocating the amount of $150,000 to the Boys and Girls Clubs of Miami -Dade., Inc. for public facilities
and improvement activities to the Hank Kline. Club at 2805 Southwest 32nd Avenue, Miami, Florida;
and
WHEREAS, the improvements to the facility include the installation of a new fence, sidewalks,
benches, lighting and landscaping along US 1 between 31st and 32nd Avenue, Miami, Florida; and
WHEREAS, the Boys and Girls Clubs of Miami -Dade, Inc. seeks to replace the fencing along the
perimeter of the Hank Kline Club and will match funding provided by the City of Miami for this purpose;
and
WHEREAS, the Administration recommends the transfer of Community Development Block Grant
("CDBG") funds in the amount of $50,000 from the City of Miami Department of Community
Development District 2 Economic Development Reserve Account to the Boys and Girls Club of Miami -Dade, Inc. for public facilities and improvement activities;
NOW; THEREFORE, BE -IT -RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The -recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The transfer of CDBG funds in the amount of $50,000 from the City of Miami
City of Miami Page I of 2 File Id: I0-01421 (Version: 1) Printed On: 1/20/2011
File Number: 10-01421 Enactment Number: R-11-0013
Department of Community Development District 2 Economic Development Reserve Account to the
Boys and Girls Club of Miami -Dade, Inc. for public facilities and improvement activities in District 2, is
authorized.
Section 3. The City Manager is authorized{1} to execute an Agreement, in substantially the
attached form, for said purpose.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be imposed
by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code
provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of A2ia i " ``" Page 2 of 2 File Id: 10-01421 (Version: 1) Printed On: 1/20/2011
`EXHIBIT'$= WORK PROGRAM
® November 2010- Release of formal Bid Solicitation of Project through local media
and collection of sealed bids.
o November 22, 2010- Deadline to collect sealed bids and open notification of bids.
Submission of all project bids for proposed Beautification Project to City of Miami
for review.
• January 2011- Meet with City of Miami Community Development personnel and
selected General Contractor to review project plans and reimbursement
procedure.
• January 2011- Groundbreaking ceremony w/ City of Miami officials and Boys &
Girls Clubs of Miami -Dade board members.
o January 2011-Begin the process of obtaining required permits.
• February 2011- After obtaining permits, have general contractor remove all
Florida Holly trees, trash, chain link fences and accumulated debris.
• March 2011- General contractor to. repair or replace damaged sidewalks with
new concrete sidewalks.
o March 2011- Installation of new aluminum fences work installed on south side of
our Hank Kline Club property from SW 31St Avenue to SW 32nd Avenue facing US
1.
• April 2011- Installation of new lighting and new sod in designated areas where
concrete was not poured and paved.
O April 2011- All landscaping to be completed.
• April 2011- City of Miami Code Compliance Officials to review project and
approve final beautification project.
o May 2011- Special event to be coordinated with City of Miami's Community
Development, Mayor's and Commission Office to celebrate joint effort.
EXHIBIT C — COMPENSATION AND BUDGET SUMMARY
A. The CITY shall pay the SUBRECIP 1 HNT, as maximum compensation for the services
required pursuant to this Agreement, the sum of $ 200,000.00
B. SUBRECIPII{NT's Itemized Project Budget, Cost Allocation and Budget Narrative are
attached hereto and made part of this contract.
C. During .the termhereof 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 SUBRECIP 1 F- NT pertaining to any payments by the
CITY.
D. Requests for payment should be made at least on a monthly as per guidelines in Exhibit
E. The SUBRECIP I IHNT must submit the final request for payment to the CITY within 30
calendar days following the expiration date or termination date of this Agreement in a
fotin provided by the Department. If the SUBRECIP I H,NT fails to comply with this
requirement, the SUBRECIP I HNT shall forfeit all rights to payment and the CITY shall
not honor any request submitted thereafter.
F. Any payment due under this Agreement may be withheld pending the receipt and
approval by the CITY of all reports due from the SUBRECIP 1 NNT as a part of this
Agreement and any modifications thereto.
2/2/11
Executive Dire or Date
City of Miami
Legislation
Resolution: R-09-0540
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Nwunber: 09-01214
Final Action Date:12/10/2009
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S).,
AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS, IN THE AMOUNT OF $150,000, FROM THE CITY OF MIAMI
DEPARTMENT OF COMMUNITY DEVELOPMENT DISTRICT 2 ECONOMIC
DEVELOPMENT RESERVE ACCOUNT, AS SPECIFIED IN EXHIBIT "A",
ATTACHED AND INCORPORATED; ALLOCATING SAID FUNDS TO THE BOYS
AND GIRLS CLUBS OFMIAMI-DADE, INC., FOR PUBLIC FACILITIES AND
IMPROVEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO EXECUTE
AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH SAID
AGENCY, FOR SAID PURPOSE.
WHEREAS, the Boys and Girls Club of Miami -Dade, Inc. is a charitable organization founded in
1940, which is devoted to providing educational, recreational and other worthwhile activities for local
youth; and
WHEREAS, on April 16, 2009, the City of Miami Department of Community Development received
a request from the Boys and Girls Club of Miami -Dade, Inc. to fund improvements to the Hank Kline
Club located at 2805 Southwest 32nd Avenue, Miami, Florida; and
WHEREAS, the Hank Kline Club provides year-round after school sports and summer programs to
over 1,500 youth from Miami and the neighboring communities; and
WHEREAS, the improvement to the facility includes the installation of a new fence, sidewalks,
benches, lighting and landscaping along US 1 between 31st and 32nd Avenue, Miami, Florida; and
WHEREAS, the Administration recommends the transfer of Community Development Block Grant
("CDBG") funds in the amount of $150,000, from the City of Miami Department of Community
Development District 2 Economic Development Reserve Account, to the Boys and Girls Club of
Miami -Dade, Inc., as specified in "Exhibit A", attached and incorporated, for public facilities and
improvement .activities;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section.2,:.-The transfer of CDBG funds, in the amount ofe$150,000, from the -City of Miami
Department of Community Development 'District 2 Economic Development Reserve Account, as
spec.ified_in "Exhibit A",- attached and 'incorporated, and the allocation of said funds to the Boys and
,Girls Club,of Miami -Dade, Inc:, for public facilities and.improvement activities in District 2, is
authorized,
City of M/anti
Page 1 of2 Printed On.. 12/15/2009
File Number::.09-01214 Enactment Number: R-09-0540
Section 3, The City Manager is .authorized {1) to execute Agreement(s), in substantially the
attached form(s), with said agency, for said purpose.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor,{2}
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be imposed
by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code
provisions.
{2} If the Mayordoes not sign this Resolution, it shall become effective at the end of ten (10) calendar
days from the date it was passed and adopted, If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission,
City of Miami
.Page 2 of 2
Printed On.: 12/15/2009
Exhibit "A"
Public Facilities and Improvement Activities
From
Amount To
Description of Services
Additional
Funds
City of Miami Department of Community
Development -Economic Development District
2 Reservce account (IDID 2365) $ 150,000.00
$ 150,000.00
6-7
Boys and Girls Clubs of Miami -Dade, Inc
Public facilities and
improvement activities $ 150,000.00
$150,000
--EXHIBIT-]
DISBURSEMENT AGREEMENT
This Disbursement Agreement is made this 30441 day of F h d , 20 Oby and
between Boys and Girls Clubs of Miami -Dade, Inc., a not for profit corporation, (hereinafter the
"SUBRECIPIENT"), and the City of Miami, a municipal corporation of the State of Florida,
through its Department of Community Development (hereinafter the "City").
RECITAL
WHEREAS, the SUBRECIPIENT is eligible to receive financial assistance from the
Community Development Block Grant program ("CDBG Program") to undertake activities
eligible for such assistance under Title I of the Housing and Community Development Act of
1974 (the "ACT"); and
WHEREAS, the City Commission, by Resolution No. R-09-0540, adopted December 10,
2009, allocated $150,000.00 in CDBG funds for Public Facilities and Improvements activities in
the facility located at 2805 SW 32 Avenue, Miami, FL 33133, ("PROJECT"); and
WHEREAS, the SUBRECIPIENT and the City desire to establish the mechanism
whereby the SUBRECIPIENT will apply to receive the CDBG Funds.
NOW, THEREFORE, for and in consideration of the .SUBRECLPIENT's development of
the PROJECT and the reciprocal agreements set forth herein, the ,SUBRECIPIENT and the City
agree as follows:
ARTICLE I
DISBURSEMENT PROCEDURE
1,1 The Agreement establishes the conditions to the City's obligation to grant the
CDBG Funds to the SUBRECIPIENT, The SUBRECIPIENT may not request disbursement of
funds pursuant to this Agreement until such funds are needed for the payment of eligible costs,.
Notwithstanding the restrictions of the previous sentence of this paragraph, the
Allocation Retainage shall be disbursed by the City in accordance with the provisions of Section
1.8 hereof.
Provided qhe'. City is obligated to disburse the CDBG Funds pursuant to the CDBG
- .Agreement, .the City will disburse such funds in accordance with this Article I.
I.2 The SUBRECIPIENT shall submit payment requests for the .-CDBG.-Funds as
needed. -_The -SUBRECIPIENT will submit or cause to be submitted the_following documentation
to the City:
1
(a) A request for payment, in a form acceptable to the City, setting forth such
details concerning.constr.uction.ofthePROJECT as the City shall require, including: the amount
paid to date to the contractor(s) constructing the PROJECT (the "Contractor") and pursuant to
the contract for the construction of the PROJECT between the SUBRECIPIENT, and the
Contractor (the "Construction Contract"); the amounts, if any, paid directly by the
SUBRECIPIENT to subcontractors of the Contractor and materialmen; the amount then
currently payable to the Contractor, broken down by trades; the amounts paid on account of the
Contractor's construction fee; and the balance of the construction costs which will remain unpaid
after the of the amount currently payable.
Any request for payment must be submitted to the City by no later than the thirtieth
(30th) day of each month. Each Request for Payment must be signed by the SUBRECIPIENT,
the Architect for the PROJECT, and the Contractor, as applicable.
Applications for receiving CDBG Funds for payment will include the City's Request for
Payment Form (letter), and other such documents as the City may require. The City, as
described in Section 1.3 hereof, shall be required to certify each payment request: the amount of
work on the PROJECT that has been completed; the .good and acceptable workmanship of the
Contractor and its subcontractors; compliance with approved plans and specifications of the
PROJECT; and such other matters as the City may require. Lien waivers shall be submitted to
. the City for review and approval before each disbursement.
(b) Each request for payment for hard costs shall constitute a representation
and certification by the SUBRECIPIENT and the Contractor to the City that:
(i) The materials have been physically incorporated into the
PROJECT, free of liens and security interests, and that the construction of the PROJECT to date
has been performed substantially in accordance with the drawings and specifications and in a
first-class workmanlike mamier;
(ii) All governmental licenses and permits required by the PROJECT
as then completed have been obtained and .are available for inspection by the City;
(iii) The PROJECT as then completed does not violate any law,
ordinance, rule, regulation, or order or decree of any court or governmental authority; and
(iv) No Event of Default has occurred and is continuing and there is no
continuing default under the Construction Contract,
-.- -(v) The SUBRECIPIENT, the Contractor and each subcontractor has
complied with. all Federal, state and local laws and regulations relating to labor standards and
with HUD Handbook 1344,1.
(c) ...
Such other information and d.ocurients as 'the Cityinay reasonably require.
- 2 -
1.3 'The City will review the work that is incorporated into the PROJECT and for
which each request for payment of the -CDBG Funds is submitted. The City will review and
approve the final.plans and .specifications: for. the .PROJECT and will review .and approve the
payment requests based on the percentage of work completed, The City's reviews, approvals,
and conclusions shall be for the sole benefit of the City.
All construction change orders must .receive the prior written approval of the City.
Change orders that have not received the prior written approval of the City shall not be approved
for payment by the City.
1.4 Upon receipt of a request for payment, delivered pursuant to Section 1.2 hereof
and without attempting to verify the completeness of same, the City shall inspect the progress of
construction work at the PROJECT.
1,5 If the City finds the.materials submitted by the SUBRECIPIENT and the report of
inspection to be satisfactory and in accordance with the CDBG Agreement, the City shall fund to
the SUBRBCIPIENT the sum requested by the •SUBRECIPIENT or such lower sum as the City
deems appropriate,
1.7 The City shall fund payment of the CDBG Funds after it has received both the
request for payment, in the form required by Section 1,2 hereof, and the inspection report of the
City, in the form required by Sections 1,2 and 1.3 hereof.
1.9 The City reserves the right to refuse to fund any payment request(s) in the event
that the City determines that the PROJECT and/or the SUBRECIPIENT are not in compliance
with .any local, state or federal law or requirement.
ARTICLE II
MISCELLANEOUS
2.1 This Agreement may only be amended in writing by all the parties hereto,
2.2 This Agreement, the CDBG Agreement and the other documents executed by the
parties in connection therewith constitute the entire agreement between the parties hereto and no
other agreements or representations, unless incorporated in this Agreement, shall be bidding
upon any of the parties hereto.
2.3 All capitalized terms not defined herein shall have the meanings provided. in the
CDBG Agreement,
-3-
TN WITNESS WHEREOF, this Agreement has been executed by the SUBRECIPIENT and the
City on the date -first above written.
CORPORATE SECRETARY DATE
ATTEST:
PRISCILLA A.THOMPSON DATE
CITY CLERK.
APPRO VFk) 16S TO INSURANCE
REOUIREMETS :
SUBRECIPIENT:
Boys and Girls Clubs. of Miami -Dade, Inc.
2805 SW 32nd Avenue
Miami, FL 33133
a Florida not -for profit corporation
OCkAtAL
By: Raul M Mc "1 0 ini710
PRESIDENT DATE
(AFFIX SEAL)
CITY OF MIAMI, a municipal
corporation of the State of Florida
DATE
CITY MANAGER
APPROVED AS TO FORM AND
CORRECTNESS:
Zb
LEEANNJBHM IATE LIE 0. BRU RATE
RISK MANAGEMENT CITY ATTORNEY
-4-