HomeMy WebLinkAboutSeptember 9, 2015 City Council AgendaRegular City Council Agenda September 9, 2015 Page 1
CITY OF MIAMI GARDENS
CITY COUNCIL MEETING AGENDA
Meeting Date: September 9, 2015 18605 NW 27th Avenue Miami Gardens, Florida 33056 Next Regular Meeting Date: September 23, 2015 Phone: (305) 914-9010 Fax: (305) 014-9033
Website: www.miamigardens-fl.gov Time: 7:00 p.m.
Mayor Oliver Gilbert Vice Mayor Felicia Robinson Councilman Rodney Harris Councilwoman Lisa C. Davis Councilman David Williams Jr. Councilwoman Lillie Q. Odom Councilman Erhabor Ighodaro, Ph.D. City Manager Cameron Benson
City Attorney Sonja K. Dickens, Esq. City Clerk Ronetta Taylor, MMC
Article VII of the Miami Gardens Code entitled, “Lobbyist” requires that all
lobbyists before engaging in any lobbying activities to register with the City
Clerk and pay a one-time annual fee of $250.00. This applies to all persons
who are retained (whether paid or not) to represent a business entity or
organization to influence “City” action. “City” action is broadly described to
include the ranking and selection of professional consultants, and virtually all-
legislative, quasi-judicial and administrative action. All not-for-profit
organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions must also register however an annual fee is not required.
(A) CALL TO ORDER/ROLL CALL
(B) INVOCATION
(C) PLEDGE OF ALLEGIANCE
(D) APPROVAL OF MINUTES
D-1) Regular City Council Minutes – July 22, 2015
(E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time)
(F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Vice Mayor Robinson – Beauty Schools of America F-2) Councilman David Williams Jr.
F-3) City Manager Cameron Benson – Rolling Crest Lucerne Summer Program
Participants
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Regular City Council Agenda September 9, 2015 Page 2
(G) PUBLIC COMMENTS
(H) ORDINANCE(S) FOR FIRST READING:
H-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AMENDING ARTICLE IX ENTITLED “ANIMALS” OF THE CODE OF ORDINANCES TO DESIGNATE A BIRD SANCTUARY WITHIN THE CITY’S
CORPORATE BOUNDARIES; PROVIDING FOR EXEMPTIONS;
PROVIDING FOR PENALTIES; PROVIDING FOR ADOPTION
OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN
EFFECTIVE DATE. (SPONSORED BY COUNCILMAN DAVID
WILLIAMS JR.)
H-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 34-288(1)(3)
“USES PERMITTED WITH EXTRA REQUIREMENTS” TO
PROVIDE THAT THE ADMINISTRATIVE OFFICIAL MAY
IMPOSE ADDITIONAL REQUIREMENTS ON ADULT ENTERTAINMENT CLUBS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR INCLUSION IN CODE; PROVIDING AN
EFFECTIVE DATE. (SPONSORED BY MAYOR OLIVER GILBERT III)
H-3) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 14,
ARTICLE 1, SECTION 14-1 OF THE CODE ADDING SUBSECTION (d) TO PROVIDE CIVIL PENALTIES FOR THE POSSESSION OF CANNABIS (MARIJUANA) FOR AMOUNTS
UNDER 20 GRAMS AND POSSESSION OF DRUG
PARAPHERNALIA; SETTING; PROVIDING FOR PENALTIES
AND ENFORCEMENT; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN
EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
H-4) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE CITY CODE BY CREATING ARTICLE XI. “MASSAGE THERAPY
ESTABLISHMENTS,” IN CHAPTER 6, “BUSINESSES”,
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Regular City Council Agenda September 9, 2015 Page 3
PROVIDING ADDITIONAL OPERATIONAL STANDARDS FOR MASSAGE THERAPY ESTABLISHMENTS, PROVIDING FOR
ENFORCEMENT AND PENALTIES, PROVIDING FOR
ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILWOMAN
LISA C. DAVIS)
H-5) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 2, ARTICLE IX, DIVISION 4 (PREFERENTIAL PURCHASING) OF THE CODE OF
ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE.
(SPONSORED BY THE CITY MANAGER)
(I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S)
None
(J) RESOLUTION(S)/PUBLIC HEARING(S)
J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING AMENDMENTS TO COMMUNITY DEVELOPMENT BLOCK GRANT ACTION PLANS FOR FISCAL YEARS 2010 THROUGH 2015, AS
OUTLINED IN EXHIBIT “A” ATTACHED HERETO;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
J-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, ALLOCATING FISCAL YEAR 2015-2016 COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) PUBLIC SERVICE FUNDS, IN THE AMOUNT OF NINE THOUSAND DOLLARS ($9,000.00) TO CARRFOUR
SUPPORTING HOUSING, INC.; AUTHORIZING THE CITY
MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY THAT CERTAIN SUBRECIPIENT AGREEMENT FOR THIS PURPOSE, ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR INSTRUCTIONS TO THE CITY
CLERK; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
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Regular City Council Agenda September 9, 2015 Page 4
J-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ALLOCATING FISCAL YEAR
2015-2016 COMMUNITY DEVELOPMENT BLOCK GRANT
(“CDBG”) PUBLIC SERVICE FUNDS, IN THE AMOUNT OF SEVENTEEN THOUSAND SIX HUNDRED DOLLARS ($17,600.00) TO JPM CENTRE AT MIAMI GARDENS DRIVE, INC.; AUTHORIZING THE CITY MANAGER AND THE CITY
CLERK TO EXECUTE AND ATTEST, RESPECTIVELY THAT
CERTAIN SUBRECIPIENT AGREEMENT FOR THIS PURPOSE, ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
J-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ALLOCATING FISCAL YEAR 2015-2016 COMMUNITY DEVELOPMENT BLOCK GRANT
(“CDBG”) PUBLIC SERVICE FUNDS, IN THE AMOUNT OF
FIFTEEN THOUSAND DOLLARS ($15,000.00) TO KRISTI HOUSE, INC.; AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY THAT CERTAIN SUBRECIPIENT AGREEMENT FOR THIS
PURPOSE, ATTACHED HERETO AS EXHIBIT A; PROVIDING
FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
J-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, ALLOCATING FISCAL YEAR 2015-2016 COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) PUBLIC SERVICE FUNDS, IN THE AMOUNT OF TWELVE THOUSAND DOLLARS ($12,000.00) TO MT. PISGAH
SEVENTH DAY ADVENTIST CHURCH; AUTHORIZING THE
CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY THAT CERTAIN SUBRECIPIENT AGREEMENT FOR THIS PURPOSE, ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR INSTRUCTIONS TO THE CITY
CLERK; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, ALLOCATING FISCAL YEAR
2015-2016 COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) PUBLIC SERVICE FUNDS, IN THE AMOUNT OF TEN THOUSAND, FIVE HUNDRED DOLLARS ($10,500.00) TO NORTH
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DADE YOUTH & FAMILY COALITION (NDYFC); AUTHORIZING THE CITY MANAGER AND THE CITY CLERK
TO EXECUTE AND ATTEST, RESPECTIVELY THAT CERTAIN
SUBRECIPIENT AGREEMENT FOR THIS PURPOSE, ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
J-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ALLOCATING FISCAL YEAR 2015-2016 COMMUNITY DEVELOPMENT BLOCK GRANT
(“CDBG”) PUBLIC SERVICE FUNDS, IN THE AMOUNT OF TEN
THOUSAND DOLLARS ($10,000.00) TO PROSPERITY SOCIAL & COMMUNITY DEVELOPMENT GROUP, INC., (PSCDG); AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY THAT CERTAIN
SUBRECIPIENT AGREEMENT FOR THIS PURPOSE,
ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
J-8) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ALLOCATING FISCAL YEAR 2015-2016 COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) PUBLIC SERVICE FUNDS, IN THE AMOUNT OF
SIXTY THOUSAND DOLLARS ($60,000.00) TO SUNSHINE FOR
ALL, INC.; AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY THAT CERTAIN SUBRECIPIENT AGREEMENT FOR THIS PURPOSE, ATTACHED HERETO AS EXHIBIT A; PROVIDING
FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR
THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-9) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, ALLOCATING FISCAL YEAR
2015-2016 COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) PUBLIC SERVICE FUNDS, IN THE AMOUNT OF FIFTEEN THOUSAND NINE HUNDRED NINETY-SIX DOLLARS ($15,996.00) TO SWITCHBOARD OF MIAMI INC.;
AUTHORIZING THE CITY MANAGER AND THE CITY CLERK
TO EXECUTE AND ATTEST, RESPECTIVELY THAT CERTAIN SUBRECIPIENT AGREEMENT FOR THIS PURPOSE, ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR
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Regular City Council Agenda September 9, 2015 Page 6
INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
(K) CONSENT AGENDA:
K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CONDEMNING THE
DOMINICAN REPUBLIC’S IMPENDING MASS DEPORTATION
OF DOMINICANS OF HAITIAN DESCENT; URGING THE
DOMINICAN REPUBLIC TO COMPLY WITH INTERNATIONAL HUMAN RIGHTS LAWS, AND HALT ALL IMPENDING DEPORTATIONS; PROVIDING FOR INSTRUCTIONS TO THE
CITY CLERK; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
(SPONSORED BY MAYOR OLIVER GILBERT III) K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE USE OF
FUNDS FOR FAMILY ENTERTAINMENT FOR COUNCILMAN
HARRIS’ FOOD TRUCK INVASION EVENT FROM THE SPECIAL EVENT FUND; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
(SPONSORED BY COUNCILMAN RODNEY HARRIS)
K-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RECOGNIZING OCTOBER 2015 AS BREAST CANCER AWARENESS MONTH IN THE CITY OF
MIAMI GARDENS AND IMPLEMENTING PINK MONTH
EVENTS; AUTHORIZING AN ALLOCATION OF FIVE
THOUSAND DOLLARS ($5,000.00) FROM THE SPECIAL EVENT FUND UPON APPROVAL OF THE 2015-2016 FISCAL YEAR BUDGET; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
(SPONSORED BY VICE MAYOR FELICIA ROBINSON)
K-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CANCELING THE NOVEMBER 25,
2015, AND DECEMBER 23, 2015, CITY COUNCIL MEETINGS;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY CLERK)
K-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, RESCHEDULING THE
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Regular City Council Agenda September 9, 2015 Page 7
WEDNESDAY, NOVEMBER 11, 2015 TO TUESDAY, NOVEMBER 10, 2015; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
(SPONSORED BY THE CITY CLERK)
K-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO COOPER-
GENERAL CORPORATION, FOR THE PURCHASE AND
INSTALLATION OF THE PUBLIC SAFETY DISPATCH SYSTEM IN THE POLICE DEPARTMENT COMPLEX; AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS, IN AN AMOUNT NOT TO EXCEED, ONE HUNDRED TWENTY-NINE
THOUSAND, EIGHT HUNDRED TWENTY-SEVEN DOLLARS
AND EIGHTY CENTS ($129,827.80), FOR THIS PURPOSE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
(L) RESOLUTION(S):
QUASI-JUDICIAL ZONING HEARINGS:
(M) ORDINANCES ON FOR FIRST READING(S):
(N) ORDINANCES ON FOR SECOND READING/PUBLIC
HEARING(S)
None
(O) RESOLUTION(S)/PUBLIC HEARING(S) (P) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK (Q) REPORTS OF MAYOR AND COUNCIL MEMBERS
(R) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC
(S) ADJOURNMENT
IN ACCORDANCE WITH THE AMERICAN WITH DISABILITIES ACT OF 1990, ALL PERSONS WHO ARE DISABLED
AND WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS MEETING BECAUSE OF THAT DISABILITY SHOULD CONTACT RONETTA TAYLOR, MMC, CITY CLERK (305) 014-9010 EXT. 2830, NO LATER THAN 48 HOURS PRIOR TO SUCH PROCEEDINGS. TDD NUMBER 1-800-955-8771.
ANYONE WISHING TO OBTAIN A COPY OF ANY AGENDA ITEM MAY CONTACT RONETTA TAYLOR, MMC, CITY
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Regular City Council Agenda September 9, 2015 Page 8
CLERK (305) 914-9010 EXT. 2830. THE ENTIRE AGENDA PACKET CAN ALSO BE FOUND ON THE CITY’S WEBSITE AT www.miamigardens-fl.gov.
ANYONE WISHING TO APPEAL ANY DECISION MADE BY THE CITY OF MIAMI GARDENS WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: September 9, 2015 Item Type:
(Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box) Yes No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
X X Public Hearing:
(Enter X in box)
Yes No Yes No
X
Funding Source: N/A Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #: N/A X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational Bus. & Economic Dev Public Safety
Quality of Education Qual. of Life & City Image Communication
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)X
Sponsor Name David Williams Jr., Councilman Department: Office of the Mayor & City Council
Short Title:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING ARTICLE IX ENTITLED “ANIMALS”
OF THE CODE OF ORDINANCES TO DESIGNATE A BIRD SANCTUARY
WITHIN THE CITY’S CORPORATE BOUNDARIES; PROVIDING FOR
EXEMPTIONS; PROVIDING FOR PENALTIES; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE.
Staff Summary:
Under the Migratory Bird Act it is unlawful to capture, kill or sell any migratory birds in the United
States. The Act is limited to migratory birds that are native to the United States. In accordance with
Florida law, an incorporated municipality may declare a bird sanctuary within its corporate boundaries,
and extend protection to non-native bird species. Councilman David Williams Jr. recommends that the
Item H-1) Ordinance
First Reading
Bird Sanctuary
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
City be designated as a bird sanctuary to protect all species of birds within the City’s corporate
boundaries.
Proposed Action:
Councilman David Williams Jr. is recommending that the City Council adopts this Ordinance.
Attachment:
None.
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Added language is underlined. Deleted language is stricken through.
1
ORDINANCE NO. 2015_____ 1 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 3
OF MIAMI GARDENS, FLORIDA, AMENDING ARTICLE IX 4
ENTITLED “ANIMALS” OF THE CODE OF ORDINANCES 5 TO DESIGNATE A BIRD SANCTUARY WITHIN THE 6 CITY’S CORPORATE BOUNDARIES; PROVIDING FOR 7
EXEMPTIONS; PROVIDING FOR PENALTIES; 8
PROVIDING FOR ADOPTION OF REPRESENTATIONS; 9
REPEALING ALL ORDINANCES IN CONFLICT; 10 PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR 11 INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. 12
13
WHEREAS, under the Migratory Bird Act it is unlawful to capture, kill or 14
sell any migratory birds that are native to the United States, and 15
WHEREAS, in accordance with Florida law, an incorporated municipality 16
may declare a bird sanctuary within its corporate boundaries, and extend 17
protection to non-native bird species, and 18
WHEREAS, Councilman David Williams Jr. recommends that the City 19
designates itself as a bird sanctuary to protect all species of birds within the 20
City’s corporate boundaries, 21
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 22
THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 23
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing 24
Whereas paragraphs are hereby ratified and confirmed as being true, and the same 25
are hereby made a specific part of this Ordinance. 26
Section 2. AMENDMENT: Article IX entitled “Animals” of the City’s Codes 27
of Ordinances is hereby amended as follows: 28
29
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2
DIVISION I. - GENERALLY 1 2
Sec. 14-588. - City designated a bird sanctuary. 3
4
(a) The entire area embraced within the incorporated limits of the city is 5 hereby designated as a bird sanctuary. 6
(b) The bird sanctuary is created and established for the protection, 7
preservation, and encouragement of birds, bird life, bird eggs, and 8
bird nests within such area. 9
(c) It shall be unlawful for any person at any time to damage, destroy 10 or molest any bird or bird eggs or bird nests within the sanctuary. 11
(d) It shall be unlawful for any person to carry in or upon said bird 12
sanctuary any slingshot, trap or any other similar device used in the 13
taking, destruction or molestation of any bird, bird eggs or bird 14
nests in the sanctuary, with the intent to use such device in 15 violation of this section. 16
(e) It shall be unlawful for any person to cause or permit any dog to 17
enter into or upon the bird sanctuary for the purpose of destroying 18
or molesting any birds, bird eggs, or bird nests. 19
20
Sec. 14-589.- Enforcement. 21
City police officers and code enforcement officers shall have 22
primary responsibility for the regulations contained in this article. 23
Nothing in this article shall prevent a police officer or code 24
enforcement officer from obtaining voluntary compliance by way of 25 warning, notice or education. 26
27
Section. 14-590. Exemptions. 28
(a) The sanctuary established by Section 14-588 shall not include 29
protection of feral pigeon populations or other invasive and/or non-30 native species such as Starlings, House Wrens, which are not 31 protected by state or federal law and which may threaten native 32
bird species. 33
34
(b) The provisions of Section 14-588 shall not prevent property owners 35 from removing Muscovy ducks from their property in a reasonable 36 manner. 37
38
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3
Sec. 14-591.- Penalties. 1
Any person convicted of a violation of Section 14-588 shall be 2
punished by a fine not to exceed $500.00 or by imprisonment not to 3
exceed 60 days, or both, in the discretion of the county court. 4
5
Section 3. CONFLICT: All ordinances or Code provisions in conflict 6
herewith are hereby repealed. 7
Section 4. SEVERABILITY: If any section, subsection, sentence, 8
clause, phrase or portion of this Ordinance is for any reason held invalid or 9
unconstitutional by any court of competent jurisdiction, such portion shall be 10
deemed a separate, distinct and independent provision and such holding shall 11
not affect the validity of the remaining portions of this Ordinance. 12
Section 5. INCLUSION IN CODE: It is the intention of the City 13
Council of the City of Miami Gardens that the provisions of this Ordinance shall 14
become and be made a part of the Code of Ordinances of the City of Miami 15
Gardens and that the section of this Ordinance may be renumbered or relettered 16
and the word “Ordinance” may be changed to “Chapter,” “Section,” “Article” or 17
such other appropriate word or phrase, the use of which shall accomplish the 18
intentions herein expressed. 19
Section 6. EFFECTIVE DATE: This Ordinance shall become effective 20
immediately upon its final passage. 21
PASSED ON FIRST READING ON THE _____ DAY OF __________, 22
2015. 23
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4
PASSED ON SECOND READING ON THE ____ DAY OF _________, 1
2015. 2
3
ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF 4
MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF 5
______________, 2015. 6
7
________________________________ 8
OLIVER GILBERT, III, MAYOR 9 10 11
12
ATTEST: 13
14 15 _________________________________ 16
RONETTA TAYLOR, MMC, CITY CLERK 17
18
19 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 20 21
22
SPONSORED BY: COUNCILMAN DAVID WILLIAMS JR. 23
24 25 Moved by: __________________ 26
Second by: _________________ 27
28
VOTE: _________ 29 30 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 31
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 32
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 33
Councilman David Williams Jr ____ (Yes) ____ (No) 34 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 35 Councilman Rodney Harris ____ (Yes) ____ (No) 36
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 37
38
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: September 9, 2015 Item Type:
(Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box) Yes No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading X Public Hearing:
(Enter X in box)
Yes No Yes No
X
Funding Source: Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #: X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational Bus. & Economic Dev Public Safety
Quality of Education Qual. of Life & City Image Communcation
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)X
Sponsor Name Oliver Gilbert III, Mayor
Department: Office of the Mayor & City Council
Short Title:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 34-288(1)(3) “USES
PERMITTED WITH EXTRA REQUIREMENTS” TO PROVIDE THAT THE
ADMINISTRATIVE OFFICIAL MAY IMPOSE ADDITIONAL REQUIREMENTS ON ADULT ENTERTAINMENT CLUBS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE
DATE.
Staff Summary:
There are adult entertainment clubs that operate in the City of Miami Gardens. These clubs, as well as
regular night clubs, can be of a concern to the City because of the potential for criminal and civil
Item H-2) Ordinance
First Reading
Adult Entertainment Clubs
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
incidents. The Code currently allows the Administrative Official to impose additional requirements on
night clubs such as, restriction of hours of operation, security and off duty police requirements and
other requirements. This Ordinance will extend these restrictions to adult entertainment clubs. In
addition, operators of adult entertainment clubs will be required to submit a security plan for approval
by the Police Chief or the Police Chief’s designee.
Proposed Action:
That the City Council approves the attached Ordinance.
Attachment:
Page 16 of 322
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ORDINANCE NO. 2015_____ 1
2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, AMENDING SECTION 34-288(1)(3) 4
“USES PERMITTED WITH EXTRA REQUIREMENTS” TO 5
PROVIDE THAT THE ADMINISTRATIVE OFFICIAL MAY IMPOSE 6
ADDITIONAL REQUIREMENTS ON ADULT ENTERTAINMENT 7
CLUBS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; 8
REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A 9
SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN 10
CODE; PROVIDING AN EFFECTIVE DATE. 11
WHEREAS, there are adult entertainment clubs that operate in the City, and 12
WHEREAS, these clubs, as well regular night clubs, can be of a concern to the 13
City because of the potential for criminal and civil incidents, and 14
WHEREAS, the Code currently allows the Administrative Official to impose 15
additional requirements on night clubs such as, restriction of hours of operation, security 16
and/or off duty police requirements and other requirements, and 17
WHEREAS, this Ordinance will extend these restrictions to adult entertainment 18
clubs and will impose additional requirements as well, 19
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 20
OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 21
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 22
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 23
made a specific part of this Ordinance. 24
Section 2. AMENDMENT: Section 34-288 of the Code of Ordinances is 25
amended as follows: 26
Page 17 of 322
Added text is underlined. Deleted text is stricken through.
Sec. 34-288. - Uses permitted with extra requirements. 1
2
The extra requirements of this section shall be deemed necessary in order 3
for uses subject to such requirements to be considered appropriate and 4
compatible within the applicable zoning districts where such extra 5 requirements apply. 6
7
8
* * * * * * * * 9
3. Adult entertainment club. Any business which features live 10 entertainment requiring the exclusion of minors pursuant to F.S ch. 11
847. For such uses, upon review of a certificate of use application, the 12
administrative official may impose conditions as deemed necessary to 13
ensure compliance with code requirements or minimize or mitigate the 14
impacts of the use on public facilities, adjacent properties and the 15 surrounding neighborhood, including, but not limited to, the following: 16
1. Restriction of hours of operation. 17
2. Security requirements; 18
3. Off-duty police requirements; 19
3. Limitations of use to within the enclosed premises; 20
4. Posting of policies, as it refers to dress code and service of alcohol; 21
5. Business registration with city and other programs such as a "We 22
Care" business; 23
6. Conditions to minimize noise and for nuisance abatement. 24
25
In addition, prior to the issuance of a certificate of use, the applicant shall 26
submit a security plan to the city which details the applicant’s plans for 27
interior and exterior security, for the review and approval by the Police 28
Chief or the Police Chief’s designee. At a minimum the security plan shall 29 indicate the number of security personnel to be used and the number of 30
off-duty police officers to be used. 31
Nothing contained herein shall be deemed to affect any variances that 32
were previously approved by the city council. 33
* * * * * * * * 34
Section 3. CONFLICT: All ordinances or Code provisions in conflict herewith 35
are hereby repealed. 36
Page 18 of 322
Added text is underlined. Deleted text is stricken through.
Section 4. SEVERABILITY: If any section, subsection, sentence, clause, 1
phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by 2
any court of competent jurisdiction, such portion shall be deemed a separate, distinct 3
and independent provision and such holding shall not affect the validity of the remaining 4
portions of this Ordinance. 5
Section 5. INCLUSION IN CODE: It is the intention of the City Council of 6
the City of Miami Gardens that the provisions of this Ordinance shall become and be 7
made a part of the Code of Ordinances of the City of Miami Gardens and that the 8
section of this Ordinance may be renumbered or relettered and the word “Ordinance” 9
may be changed to “Chapter,” “Section,” “Article” or such other appropriate word or 10
phrase, the use of which shall accomplish the intentions herein expressed. 11
Section 6. EFFECTIVE DATE: This Ordinance shall become effective 12
immediately upon its final passage. 13
PASSED ON FIRST READING ON THE _____ DAY OF __________, 2015. 14
PASSED ON SECOND READING ON THE ____ DAY OF _________, 2015. 15
ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI 16
GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF 17
______________, 2015. 18
________________________________ 19
OLIVER GILBERT III, MAYOR 20
21
22
23
Page 19 of 322
Added text is underlined. Deleted text is stricken through.
ATTEST: 1
2
3
_________________________________ 4
RONETTA TAYLOR, MMC, CITY CLERK 5
6
7
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 8
SPONSORED BY: MAYOR OLIVER GILBERT, III 9
10
Moved by: __________________ 11
Second by: _________________ 12
13
VOTE: _________ 14
15
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 16
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 17
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 18
Councilman David Williams Jr ____ (Yes) ____ (No) 19
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 20 Councilman Rodney Harris ____ (Yes) ____ (No) 21
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 22
23
24
25
Page 20 of 322
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: September 9, 2015 Item Type: (Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box)
Yes No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
X Public Hearing:
(Enter X in box)
Yes No Yes No
x
Funding Source:
Advertising Requirement:
(Enter X in box)
Yes No
x
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #: X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational Bus. & Economic Dev Public Safety
Quality of Education Qual. of Life & City Image Communication
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address) X
Sponsor Name Cameron Benson, City Manager Department: City Manager
Short Title:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 14, ARTICLE 1,
SECTION 14-1 OF THE CODE ADDING SUBSECTION (d) TO
PROVIDE CIVIL PENALTIES FOR THE POSSESSION OF
CANNABIS (MARIJUANA) FOR AMOUNTS UNDER 20 GRAMS AND POSSESSION OF DRUG PARAPHERNALIA; SETTING; PROVIDING FOR PENALITIES AND ENFORCEMENT;
REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN
CODE; PROVIDING AN EFFECTIVE DATE.
Staff Summary:
Item H-3) Ordinance
First Reading
Possession of Cannabis
Page 21 of 322
18605 NW 27th Avenue
Miami Gardens, Florida 33056
The City of Miami Gardens aims to decrease the possession, use, or sale of illegal drugs within its
boundaries. Several other states and local governments have modified their drug laws to create civil
violations for possession of small amounts of cannabis (marijuana) as opposed to arresting these
individuals. The attached Ordinance establishes a mechanism whereby in those cases where a person is
alleged to have committed the offense of possession of 20 grams or less of marijuana or paraphernalia,
Miami Gardens’ police officers will have the discretion to issue a civil citation instead of arresting the
person.
This Ordinance will benefit to both the person who allegedly commits the offense and the City. The
person will avoid a criminal penalty for the offense and the City will recognize an increase in revenue
because these violations will be processed as civil violations.
Proposed Action:
That the City Council approves the attached Ordinance.
Attachment:
Page 22 of 322
ORDINANCE NO. ____________ 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 2
MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 14, 3
ARTICLE 1, SECTION 14-1 OF THE CODE ADDING 4
SUBSECTION (d) TO PROVIDE CIVIL PENALTIES FOR THE 5
POSSESSION OF CANNABIS (MARIJUANA) FOR AMOUNTS 6
UNDER 20 GRAMS AND POSSESSION OF DRUG 7
PARAPHERNALIA; SETTING; PROVIDING FOR PENALITIES 8
AND ENFORCEMENT; REPEALING ALL ORDINANCES IN 9
CONFLICT; PROVIDING A SEVERABILITY CLAUSE; 10
PROVIDING FOR INCLUSION IN CODE; PROVIDING AN 11
EFFECTIVE DATE. 12
WHEREAS, the City of Miami Gardens aims to decrease the possession, use, or sale of 13
illegal drugs; and 14
WHEREAS, several state and local governments have modified their drug laws to create 15
civil violations for possession of small amounts of marijuana which is only enforceable by a 16
monetary fine and does not subject a person to arrest or criminal prosecution, and 17
WHEREAS, the City has an interest in establishing monetary civil penalties as an 18
additional deterrent to such violations when encountering by Miami Gardens Police Department 19
Officers for a misdemeanant who has committed the offense of possession of 20 grams or less 20
of marijuana or paraphernalia, and 21
WHEREAS, the Miami Gardens Police Department will have the discretion to issue a 22
civil citation pursuant to this ordinance, or to arrest or not arrest for the commission of a 23
misdemeanor under State law, 24
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 25
MIAMI GARDENS, FLORIDA, AS FOLLOWS: 26
SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 27
paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a 28
part of this Ordinance. 29
Page 23 of 322
SECTION 2. AMENDMENT: Section 14-1 of the Code of Ordinances is hereby 1
amended to add Subsection (d): 2
CHAPTER 14 3
MISCELLANEOUS OFFENSES 4
ARTICLE I. - IN GENERAL 5
Sec. 14-1. - Misdemeanor; adoption of state law; penalties. 6
(a) It shall be unlawful and a violation of this chapter for any person to commit within the city, 7
any act which is recognized by the laws of the state as a misdemeanor. 8
(b) All statutes of the state defining and prohibiting criminal offenses against the state not 9 punishable by death or by imprisonment in the state prison and defined by state law as 10
misdemeanors are adopted and incorporated by reference as part of this article to the same 11
extent and to the same effect as if the provisions of each such statute was set out in full 12 herein defining and prohibiting each such offense against the state to be an act prohibited 13
by or an offense in violation of this article. 14
(c) All acts defined as misdemeanors in said state statutes are hereby prohibited and declared 15 to be violations of this chapter and any person shall, upon conviction in the court of 16
appropriate jurisdiction for violation thereof, be punished by a fine not exceeding $500.00 or 17
by imprisonment in the county jail for not more than 60 days, or by both such fine and 18 imprisonment, but in no case shall the fine or imprisonment imposed under this chapter be 19
greater than the maximum fine or penalty for the same offense under the state statute. 20
(d) Notwithstanding subsections (a) through (c), the following misdemeanor(s) under State law 21 are eligible to receive a civil violation notice, at the discretion of a law enforcement officer, 22
provided that such violations are not charged in conjunction with any charge that is a 23 felony, driving under the influence, incident involving domestic violence, or violent crime, as 24
those terms are defined under State law: 25
1) Possession of Cannabis in an amount of 20 grams or less, as set forth in section 26 893.13(6)(b) of the Florida Statutes, as such may be amended from time to time; 27
and/or 28
2) Possession of Drug Paraphernalia, as set forth in sections 893.146 and 29 893.147(1)(b) of the Florida Statutes, as such may be amended from time to 30
time. 31
An individual issued a civil violation notice for a violation of subsection (d)(1) or (d)(2) will 32 be subject to the fine set forth herein. 33
3) Penalties and Enforcement 34
a. A person in violation of subsection (d)(1) or (d)(2) shall receive a fine of 35 $100.00. 36
b. Enforcement. The Miami Gardens police department shall enforce this 37
section. This shall not preclude other law enforcement agencies from any 38 action to assure compliance with this section and all applicable laws. If a 39
police officer finds a violation of (d)(1) or (d)(2), the police officer will be 40
Page 24 of 322
authorized to issue a notice of violation. The notice shall inform the 1 violator of the nature of the violation, amount of fine, that the violation 2
may be appealed by requesting an administrative hearing before a 3
special master within ten (10) days after service of the notice of violation, 4 and that failure to appeal the violation within ten (10) days of service shall 5
constitute an admission of the violation and a waiver of the right to a 6 hearing. 7
4) Rights of violator; payment of fine; right to appear; failure to pay civil fine or to 8
appeal; appeals from decisions of the special master. 9
a. A violator who has been served with notice of violation must elect to 10 either: 11
i. pay the civil fine in the manner indicated on the notice of violation; 12 or 13
ii. request an administrative hearing before a special master to 14
appeal the notice of violation, which must be requested within ten 15 (10) days of the service of the notice of violation. 16
b. The procedures for appeal by administrative hearing of the notice of 17
violation shall be as set forth in Chapter 8 of the Code. 18
c. Each violation of the article shall be subject to enforcement though 19
Chapter 8, Code Enforcement, as may be amended from time to time. 20
d. The special master shall be prohibited from hearing the merits of the 21 notice of violation or considering the timeliness of a request for an 22
administrative hearing if the violator has failed to request an 23 administrative hearing within ten (10) days of the service of the notice of 24 violation. 25
e. The special master shall not have discretion to alter the penalties 26
prescribed in subsection (3)(a). 27
28
(d)(e) The city police department shall have the authority to enforce all provisions of this 29 chapter. 30 31
SECTION 4. CONFLICT. All Ordinances or Code provisions in conflict herewith are 32
hereby repealed. 33
SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause, 34
phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any 35
court of competent jurisdiction, such portion shall be deemed as a separate, distinct and 36
independent provision and such holding shall not affect the validity of the remaining portions of 37
this Ordinance. 38
Page 25 of 322
SECTION 6. INCLUSION IN CODE. It is the intention of the City Council of the 1
City of Miami Gardens that the provisions of this Ordinance shall become and be made a part of 2
the Code of Ordinances of the City of Miami Gardens and that the section of this Ordinance may 3
be renumbered or relettered and the word “Ordinance” may be changed to “Chapter,” “Section,” 4
“Article,” or such or appropriate word of phrase the use of which shall accomplish the intentions 5
herein expressed. 6
SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective immediately 7
upon its final passage. 8
PASSED ON FIRST READING ON THE _____ DAY OF __________, 2015. 9
PASSED ON SECOND READING ON THE ____ DAY OF _________, 2015. 10
ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI 11
GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF 12
______________, 2015. 13
________________________________ 14
OLIVER GILBERT III, MAYOR 15
16
17
18
ATTEST: 19
20
21
_________________________________ 22
RONETTA TAYLOR, MMC, CITY CLERK 23
24
25
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 26
Page 26 of 322
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 1
2
Moved by: __________________ 3
Second by: _________________ 4
5
VOTE: _________ 6
7
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 8 Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 9
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 10
Councilman David Williams Jr ____ (Yes) ____ (No) 11
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 12
Councilman Rodney Harris ____ (Yes) ____ (No) 13 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 14
15
16
17
18
Page 27 of 322
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: September 9, 2015 Item Type: (Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box)
Yes No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
X X Public Hearing:
(Enter X in box)
Yes No Yes No
Funding Source:
Advertising Requirement:
(Enter X in box)
Yes No
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #: X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational Bus. & Economic Dev Public Safety
Quality of Education Qual. of Life & City Image Communcation
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address) X
Sponsor Name Lisa C. Davis, Councilwoman
Department: Office of the Mayor & City Council
Short Title:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE CITY CODE BY CREATING
ARTICLE XI. “MASSAGE THERAPY ESTABLISHMENTS,” IN
CHAPTER 6, “BUSINESSES”, PROVIDING ADDITIONAL
OPERATIONAL STANDARDS FOR MASSAGE THERAPY ESTABLISHMENTS, PROVIDING FOR ENFORCEMENT AND PENALTIES, PROVIDING FOR ADOPTION OF REPRESENTATIONS;
REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE;
PROVIDING AN EFFECTIVE DATE.
Summary:
Councilwoman Lisa C. Davis was appointed to serve on the Human Trafficking Steering Planning
Committee, established by Florida National University. The purpose of the Committee was to study
Item H-4) Ordinance
First Reading
Massage Therapy Establishments
Page 28 of 322
18605 NW 27th Avenue
Miami Gardens, Florida 33056
human trafficking and to make recommendations for alleviating it. Ms. Davis is recommending that as
a first step to alleviating human trafficking that the City of Miami Gardens joins forces with other local
governments and agencies in an effort to “crack down” on human trafficking by enacting an
ordinance that specifically deals with human trafficking.
The Florida Task Force on Human Trafficking has determined that massage establishments are
recognized as sites where human trafficking activity occurs, and Section 480.52, Florida Statutes,
expressly allows a municipality to regulate persons and establishments licensed as massage
therapists, so long as such regulations do not exceed the powers of the State of Florida under
Chapter 480, Florida Statutes.
Councilwoman Lisa C. Davis and the City Council for the City of Miami Gardens desire to implement
standards for the operation of massage therapy establishmentsin an effort to further the health,
safety, and welfare of the City and are in the best interest of the community.
Proposed Action:
That the City Council adopt the attached Ordinance.
Attachment:
Page 29 of 322
Added language is underlined. Deleted language is stricken through.
ORDINANCE NO. 2015_____ 1 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI 3
GARDENS, FLORIDA, AMENDING THE CITY CODE BY 4
CREATING ARTICLE XI. “MASSAGE THERAPY 5 ESTABLISHMENTS,” IN CHAPTER 6, “BUSINESSES”, 6 PROVIDING ADDITIONAL OPERATIONAL STANDARDS FOR 7
MASSAGE THERAPY ESTABLISHMENTS, PROVIDING FOR 8
ENFORCEMENT AND PENALTIES, PROVIDING FOR ADOPTION 9
OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN 10 CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING 11 FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. 12
13
WHEREAS, Councilwoman Lisa C. Davis was appointed to serve on the Human 14
Trafficking Steering Planning Committee, established by Florida National University, 15
and 16
WHEREAS, the purpose of the Committee was to study human trafficking and to 17
make recommendations for alleviating it, and 18
WHEREAS, Ms. Davis is recommending that as a first step to alleviating human 19
trafficking that the City of Miami Gardens joints forces with other local governments and 20
agencies in an effort to “crack down” on human trafficking by enacting an ordinance 21
that specifically deals with human trafficking, and 22
WHEREAS, the trade and exploitation of human beings for the purposes of 23
indentured servitude, forced prostitution and labor, and any other activity that deprives a 24
person of his/her human rights (“human trafficking activity”) constitutes modern-day 25
slavery and a worldwide crisis, and 26
WHEREAS, no community, including the City of Miami Gardens (the “City”), is 27
immune to human trafficking activity due, in part, because of various legitimate 28
Page 30 of 322
Added language is underlined. Deleted language is stricken through.
business fronts that serve to mask the illegal and indignant activity, and 1
WHEREAS, several governmental agencies, have reported substantiated 2
findings that massage establishments have been regularly recognized as sites that 3
mask and host human trafficking activity, and 4
WHEREAS, the strategic plan resulting from the Florida Task Force on 5
Human Trafficking stated that massage establishments are recognized as sites where 6
human trafficking activity occurs, and 7
WHEREAS, Section 480.52, Florida Statutes, expressly allows a municipality to 8
regulate persons and establishments licensed as massage therapists, so long as such 9
regulation does not exceed the powers of the State of Florida under Chapter 480, 10
Florida Statutes, and 11
WHEREAS, the Mayor and City Council have been made aware of reports, from 12
law enforcement and published in the media, that human trafficking activity may be 13
occurring as an adverse secondary effect associated with unregulated and unlicensed 14
massage businesses, and 15
WHEREAS, the Mayor and City Council find that unregulated massage 16
businesses, particularly those that operate during early morning or late night hours, 17
carry a substantial risk of contributing to the occurrence of human trafficking activity, as 18
well as conducing other criminal activity and diminished property values, and 19
WHEREAS, pursuant to Section 480.052, state law does not preempt local 20
regulation of massage establishments, and 21
Page 31 of 322
Added language is underlined. Deleted language is stricken through.
WHEREAS, the Mayor and City Council desire to provide further standards for 1
the operation of massage therapy establishments, recognizing that there are legitimate 2
licensed, and reputable massage therapy establishments that will be likewise protected 3
by additional operational standards, and 4
WHEREAS, the Mayor and City Council believe that policies contained herein 5
to reduce the opportunities for human trafficking activities to occur, further the 6
health, safety, and welfare of the City, and are in the best interest of the community, 7
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 8
OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 9
SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 10
paragraphs are hereby ratified and confirmed as being true, and the same are hereby made 11
a specific part of this Ordinance. 12
SECTION 2. AMENDMENT: The Code of Ordinances of the City of Miami Gardens 13
is hereby amended by creating Article XI “Massage Therapy Establishments” in Chapter 14
“Businesses” to provide as follows: 15
CHAPTER 6 BUSINESSES 16 17 ARTICLE XI – MASSAGE THERAPY ESTABLISHMENTS 18
19
Section 6-37, 20
21
(a) Legislative Intent. 22
23
It is the intent of the City Council of the City of Miami Gardens, Florida, to enact 24
by Ordinance, in accordance with Chapter 480, Florida Statutes, local laws providing 25
for regulations and standards for massage therapy establishments that cumulatively 26
work to protect legitimate massage therapy establishments and to eliminate 27
Page 32 of 322
Added language is underlined. Deleted language is stricken through.
opportunities for illegitimate massage therapy establishments to serve as fronts and/or 1 hosts for human trafficking activities, with the greater intention of preserving the dignity 2
and human rights of all persons in the city. 3
4
(b) Definitions. 5
6
The terms of this section shall have the same definitions as provided in Section 7
480.033, Florida Statutes, as may be amended from time to time, unless specifically 8
provided otherwise herein. For the purposes of clarity, the City adopts from Section 9
480.033 the definitions of the following words: 10
11
(1) “Massage” means the manipulation of the soft tissues of the human body 12
with the hand, foot, arm, or elbow, whether or not such manipulation is 13
aided by hydrotherapy, including colonic irrigation, or thermal therapy, any 14
electrical or mechanical device, or the application to the human body of a 15 chemical or herbal preparation, 16
17
(2) “Massage therapist” means a person licensed as required by this act, who 18
administers massage for compensation, and 19
20
(3) “Establishment” means a site or premises, or portion thereof, wherein a 21
massage therapist practices massage. 22
23
(c) Unlicensed provision of massage unlawful. 24
25
Unless expressly exempted, no person may provide massage as part of 26
any business or for any consideration or remuneration in the city, unless the27
Page 33 of 322
Added language is underlined. Deleted language is stricken through.
7
individual is duly licensed under Chapter 480, Florida Statutes, the
individual and/or establishment has obtained an appropriate business tax receipt from
the City, and the individual and/or Establishment has all other city and county approvals necessary to carry on such a business.
(d) Requirements for Massage Establishments.
A permitted massage therapy business shall meet all of the following requirements:
(1) The massage therapy business (or establishment) shall be licensed
and meet all of the requirements set out in Florida law, including
the requirements in Chapter 480, Florida Statutes, and Chapters 64B7-26 and 64B7-30, Florida Administrative Code.
(2) All persons in the massage therapy business or establishment who offer
to provide or provide massage as defined in this Section and in
Section 480.033, Florida Statutes, shall be licensed by the State of Florida and the license shall be in good standing. Each licensed
massage therapist shall be in compliance with all requirements of
Florida law, including those statutes and administrative rules
referenced in this Section.
(3) The massage therapy business may only operate between the hours
the hours of 5:00 a.m. through midnight, subject to the exceptions set
forth in article this section.
(4) The hours of operation set forth in paragraph (3) of this section do not apply to any of the following:
(a) A massage therapy business located on the premises of
a healthcare facility as defined in Section 408.07, Florida
Statutes,
(b) A health care clinic as defined in Section 400.9905(4),
Florida Statutes,
(c) A hotel, motel, or bed and breakfast inn, as those terms are defined in Section 509.242, Florida Statutes,
(d) A timeshare property as defined in Section 721.05,
Florida Statutes,
(e) A massage performed by a massage therapist acting under the prescription of a physician or physician assistant licensed
Page 34 of 322
Added language is underlined. Deleted language is stricken through.
8
under Chapter 458, Florida Statutes, a chiropractic physician and/or an osteopathic physician licensed under Chapter 460,
Florida Statutes, a podiatric physician licensed under Chapter
461, Florida Statutes, an advanced registered nurse practitioner
licensed under part I of Chapter 464, Florida Statutes, or a dentist licensed under Chapter 466, Florida Statutes, and
(f) A massage provided by a licensed massage therapist during
a special event wherein the City has approved the operation
during the special event.
(5) No massage establishment or business may be used as a place
of residence for any person. Facilities essential to a residence, such
as, without limitation, a bedroom or a full kitchen, are prohibited in
massage therapy business and/or establishment, except to the extent that bathroom and/or such other facilities are required to maintain state
licensure under Chapter 480, Florida Statutes, and Chapters 64B7-26
and 64B7-30, Florida Administrative Code. It shall not be a violation
for a massage therapy business or establishment to have and to use
appliances associated with prohibited facilities that are lawfully and regularly made a part of the regular, legitimate business of a massage
establishment and which are not used in any manner that would violate
city, county, and state laws.
(e) Enforcement & Penalties.
(1) It shall be unlawful to operate a massage therapy business or
establishment in contravention of this article. A person violating the
provisions of this article commits a violation of the city’s municipal code and commits a misdemeanor of the second degree. A violation
of the provisions of this Article may also result in the revocation or
suspension of the violator’s certificate of use as provided in Section 6-36
of the city code and denial of a Business Tax receipt as provided in section 22-212 of the city code. The city shall report any violations of
this article by a licensed massage therapist to the Florida Department
of Professional and Business Regulation, or such other agency as
may correspond to the situation, which may result in additional penalties.
(2) Any premises in which massage is offered or performed, by persons
unlicensed by the State of Florida or otherwise in violation or otherwise in violation of the provisions of Chapter 480, Florida Statutes, and
Chapters 64B7-26 and 64B7-30, Florida Administrative Code, for
which discipline may be imposed by the State of Florida, shall be in
Page 35 of 322
Added language is underlined. Deleted language is stricken through.
9
violation of the city code, and such activity may be declared a nuisance and may be abated and enjoined, as provided in Section
823.05, Florida Statutes, and/or such other applicable laws, as a public
nuisance.
(3) The owner, operator, or person in control, of any premises in the city
in which massage is offered or provided in violation of either Florida law or this Article shall be liable for a violation of the city code
pursuant to Chapter 8 of the code, and shall commit a
misdemeanor of the first degree, punishable as provided by Sections
775.082 or 775.083, Florida Statutes. A second or subsequent
violation of this section is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) A person who is unlicensed as a massage therapist by the State of
Florida or, notwithstanding the possession of such a license, violates a
provision of Chapter 480 or Chapters 64B7-26 or 64B7-30, Florida Administrative Code, which would subject the individual to discipline
by the State of Florida for a violation of the requirements of the
license, or who violates any provision of this Article, shall be liable for a
code violation pursuant to Chapter 8 of this Code and shall commit
a misdemeanor of the first degree, punishable as provided in Sections 775.082 or 775.083, Florida Statutes.
SECTION 3. IMPLEMENTATION: The City Manager, City Clerk, and City Attorney
are hereby authorized and directed to implement the provisions of this Ordinance
and to take any and all necessary administrative actions as may be appropriate by
their position to execute the purpose of this Ordinance.
SECTION 4. EDUCATION RESOURCE: The City Manager and City Clerk
are hereby directed to create, and take all necessary actions to produce and populate,
an educational web page within the City of Miami Gardens’ Website providing the
public with information and resources on how to identify and combat human trafficking.
SECTION 5. INCORPORATION INTO THE CODE: The provisions of this
Ordinance, to the extent appropriate, shall become and be made a part of the Code of
Page 36 of 322
Added language is underlined. Deleted language is stricken through.
10
Ordinances of the City of Miami Gardens. The City Clerk is authorized to take all
actions necessary to incorporate the provisions of this Ordinance into the Code of
Ordinances, including, but not limited to, renumbering or relettering sections and to
change and that the word “ordinance” may be changes to “section,” “article,” or
such other appropriate word or phrase in order to accomplish such intention.
SECTION 6. SEVERABILITY: The provisions of this Ordinance are declared
to be severable and if any section, sentence, clause or phrase of this Ordinance shall
for any reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance
shall stand notwithstanding the invalidity of any part.
SECTION 7. CONFLICTS: All ordinances or parts of ordinances, resolution or
parts of resolutions, in conflict herewith, are repealed to the extent of such conflict.
SECTION 8. EFFECTIVE DATE: This Ordinance shall become effective
immediately upon its final passage.
PASSED ON FIRST READING ON THE _____ DAY OF __________, 2015.
PASSED ON SECOND READING ON THE ____ DAY OF _________, 2015.
ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF
______________, 2015.
Page 37 of 322
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11
________________________________ OLIVER GILBERT, III, MAYOR
ATTEST:
_________________________________ RONETTA TAYLOR, MMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY
SPONSORED BY: COUNCILWOMAN LISA C. DAVIS
Moved by: __________________ Second by: _________________
VOTE: _________
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) Vice Mayor Felicia Robinson ____ (Yes) ____ (No)
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No)
Councilman David Williams Jr ____ (Yes) ____ (No)
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) Councilman Rodney Harris ____ (Yes) ____ (No) Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No)
Page 38 of 322
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: September 9, 2015 Item Type: (Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box)
Yes No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
X X Public Hearing:
(Enter X in box)
Yes No Yes No
X
Funding Source:
Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #: X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational Bus. & Economic Dev Public Safety
Quality of Education Qual. of Life & City Image Communcation
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)
Sponsor Name Cameron Benson, City Manager Department: City Manager
Short Title:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 2, ARTICLE IX,
DIVISION 4 (PREFERENTIAL PURCHASING) OF THE CODE OF
ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE.
Staff Summary:
In 2008, the City Council established a purchasing preference for bidders that contribute to public
schools located within the City of Miami Gardens. In accordance with the policy, when bidders provide
proof that they have made a monetary contribution to a public school located within the City, they
receive a preference based upon the level of the contribution and the amount of the bid.
This Ordinance is being proposed to simplify the process for bidders who want to contribute to a public
school located within the City. Item H-5) Ordinance
First Reading
Preferential Purchasing
Page 39 of 322
18605 NW 27th Avenue
Miami Gardens, Florida 33056
Proposed Action:
That the City Council adopt the attached Ordinance.
Attachment:
Page 40 of 322
Added language is underlined. Deleted language is stricken through.
ORDINANCE NO. _____________ 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 2
MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 2, 3
ARTICLE IX, DIVISION 4 (PREFERENTIAL PURCHASING) OF 4
THE CODE OF ORDINANCES; REPEALING ALL ORDINANCES 5
IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; 6
PROVIDING FOR INCLUSION IN CODE; PROVIDING AN 7
EFFECTIVE DATE. 8
WHEREAS, in 2008, the City Council established a purchasing preference for bidders 9
that contribute to public schools located within the City of Miami Gardens, and 10
WHEREAS, in accordance with the policy, when bidders provide proof that they have 11
made a monetary contribution to a public school located within the City, they receive a 12
preference based upon the level of the contribution and the amount of the bid, and 13
WHEREAS, this Ordinance is being proposed to simplify the process for bidders who 14
want to contribute to a public school located within the City, 15
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 16
MIAMI GARDENS, FLORIDA, AS FOLLOWS: 17
SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 18
paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a 19
part of this Ordinance. 20
SECTION 2. AMENDMENT: Chapter 2, Article IX of Division 4 (Preferential 21
Purchasing) is amended in accordance with Exhibit “A” attached hereto. 22
SECTION 4. CONFLICT. All Ordinances or Code provisions in conflict herewith are 23
hereby repealed. 24
SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause, 25
phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any 26
court of competent jurisdiction, such portion shall be deemed as a separate, distinct and 27
Page 41 of 322
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independent provision and such holding shall not affect the validity of the remaining portions of 1
this Ordinance. 2
SECTION 6. INCLUSION IN CODE. It is the intention of the City Council of the 3
City of Miami Gardens that the provisions of this Ordinance shall become and be made a part of 4
the Code of Ordinances of the City of Miami Gardens and that the section of this Ordinance may 5
be renumbered or relettered and the word “Ordinance” may be changed to “Chapter,” “Section,” 6
“Article,” or such or appropriate word of phrase the use of which shall accomplish the intentions 7
herein expressed. 8
SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective immediately 9
upon its final passage. 10
PASSED ON FIRST READING ON THE _____ DAY OF __________, 2015. 11
PASSED ON SECOND READING ON THE ____ DAY OF _________, 2015. 12
ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI 13
GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF 14
______________, 2015. 15
________________________________ 16
OLIVER GILBERT III, MAYOR 17
18
ATTEST: 19
20
_________________________________ 21
RONETTA TAYLOR, MMC, CITY CLERK 22
23
24
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 25
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 26
Page 42 of 322
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Moved by: __________________ 1
Second by: _________________ 2
3
VOTE: _________ 4
5
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 6
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 7 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 8
Councilman David Williams Jr ____ (Yes) ____ (No) 9
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 10
Councilman Rodney Harris ____ (Yes) ____ (No) 11
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 12
13
Page 43 of 322
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EXHIBIT A 1 2
3
Sec. 2-785. - Established. 4
The city council hereby establishes a preference in purchasing and contracting for businesses that 5
have made a monetary contribution of a certain level to a public school operated by Miami-Dade County 6 Public Schools located in the city. 7
(Ord. No. 2008-20-156, § 2, 5-28-2008) 8
Sec. 2-786. - Findings of fact. 9
The city annually spends significant amounts in purchasing personal property, materials, and 10 contractual services in the construction and improvements to real property. The dollars used in making 11
these purchases are derived in large part from taxes and fees imposed on local businesses and the city 12 council has determined the funds generated in the community to the extent possible should be placed 13
back into the local community to aid the citizenry by assisting school-age children within the city. 14 Therefore, the city council has determined it is in the best interest of the city and its citizens to give a 15
preference to businesses in the award of contracts where the business has previously made monetary 16 contributions of a certain level to public schools located within the city. 17
(Ord. No. 2008-20-156, § 2(a), 5-28-2008) 18
Sec. 2-787. - Purpose; scope, applicability. 19
(a) This policy has been developed to encourage businesses to contribute funds to public 20 schools operated by the Miami-Dade Public Schools, located within the city. 21
(b) This policy applies to all businesses interested in participating in the city procurement activities. 22 Eligible businesses must demonstrate that they have contributed the requisite funds to public 23
schools located within the city. 24
(Ord. No. 2008-20-156, § 2(b), (c), 5-28-2008) 25
Sec. 2-788. - Policy statement; exceptions. 26
(a) In the purchase or letting of contracts for procurement of personal property, materials, certain 27
contractual services, and construction of improvements to real property or to existing structures, the 28 city council or other purchasing authority, may give a preference to businesses that provide financial 29 support to an eligible school. 30
(b) The preference set forth in this article shall not apply to any of the following purchases or contracts: 31
(1) Purchases or contracts with an estimated value of $25,000.00 or less; 32
(2) Purchases exempted by law, rule, policy or procedure from the requirements for competitive 33
solicitation/bid; 34
(3) Purchases or contracts which are funded, in whole or in part by a governmental entity and the 35 laws, regulations, or policies governing such funding which prohibit application of that 36
preference; 37
(4) Purchases made or contracts let under emergency procurement situations as such are defined 38 in the city's procurement policies and procedures or as determined by city council; 39
(5) Purchases that are made through purchasing cooperatives or through the use of existing 40
contracts with other governmental jurisdictions, the state or federal agencies; 41
Page 44 of 322
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(6) Any purchases that are exempt from the purchasing requirements in accordance with the city's 1 purchasing ordinance. 2
(Ord. No. 2008-20-156, § 2(d), (e), 5-28-2008) 3
Sec. 2-789. - Procedures. 4
(a) All businesses applying for a procurement preference under this policy shall submit proof of 5 payment to the school(s) along with a confirmation letter from the school principal accepting the 6
donation, delineating the amount of the monetary contribution and stating the specific purpose for 7 the donation. The proof of payment and the confirmation letter from the principal shall be 8
submitted to the City five (5) days prior to the award of the bid. The City reserves the right to 9 independently verify the contribution to the school. To be considered, contributions must be made 10
within the previous 12 months prior to the opening date of the interested bid. 11
All businesses applying for procurement preference under this policy shall submit a letter to the 12 principal of the school that is to receive the donated funds. Said letter shall specify that the 13
donated funds must be spent for the particular school to which the donation is made, and shall 14 specify the specific purpose for the donation. In addition, the business shall obtain a commitment 15
letter from the principal. The commitment letter along with the letter submitted by the business to 16 the school, shall be submitted at the time of submittal of the bid or request for 17
proposal/qualifications. The commitment letter shall delineate the amount of the monetary 18 contribution and the specific purpose for the donation. The commitment letter must be notarized. 19
Contributions must be made within the previous 12 months prior to the opening date of the 20
interested bid_____ 21
22
(b) Preferences given under this policy shall adhere to the following: 23
Bid Levels Donation
Value
Bid Preference
(percent) RFP Bonus Points1
$25,001.00—$49,999.00
$2,500.00 5 5 points or 5 percent of total
$2,000.00 4 4 points or 4 percent
$1,500.00 3 3 points or 3 percent
$1,000.00 2 2 points or 2 percent
$500.00 1 1 points or 1 percent
$50,000.00—$99,999.00
$5,000.00 5 5 points or 5 percent
$4,000.00 4 4 points or 4 percent
$3,000.00 3 3 points or 3 percent
$2,000.00 2 2 points or 2 percent
Page 45 of 322
Added language is underlined. Deleted language is stricken through.
$1,000.00 1 1 points or 1 percent
$100,000.00—$249,999.00
$10,000.00 5 5 points or 5 percent
$8,000.00 4 4 points or 4 percent
$6,000.00 3 3 points or 3 percent
$4,000.00 2 2 points or 2 percent
$2,000.00 1 1 points or 1 percent
$250,000.00—$499,999.00
$25,000.00 5 5 points or 5 percent
$20,000.00 4 2 points or 2 percent
$15,000.00 3 1 points or 1 percent
$10,000.00 2 2 points or 2 percent
$5,000.00 1 1 points or 1 percent
Over $500,000.00 $50,000.00 5 5 points or 5 percent
1
1Whichever is greater 2
_____ 3
(c) Total bid price shall include not only the base bid price but also all alterations to that base bid price 4
resulting from alternates which were both part of the bid and actually purchased or awarded by the 5 city council. 6
(d) When a responsive, responsible bidder submits the lowest price bid, and the bid submitted by one or 7 more responsive, responsible, businesses which are qualified per the charitable contribution 8
preference is within the preference amount to which they are entitled per the table in subsection (b) 9 of this section, then such bidder shall have the opportunity to submit, within five working days of the 10
bid opening, a best and final bid equal to or lower than the amount of the low bid previously 11 submitted by the actual lowest bidder. 12
(e) In the event of an identical tied bid or proposal, after the preference is applied, the bidder making the 13 larger contribution to a school will be afforded the first opportunity to meet or exceed the designated 14
low bid. In the event of a continuing tie, preference will be given to the local vendor. If none of the 15 vendors are local or if two or more vendors are local and a tie still remains, for those contracts that 16
are to be awarded by the city manager, the city manager shall determine to whom the bid will be 17
Page 46 of 322
Added language is underlined. Deleted language is stricken through.
awarded, and . Ffor those contracts to be awarded by the city council, the city council shall 1 determine to whom the bid will be awarded. 2
(Ord. No. 2008-20-156, § 2(f), (g), 5-28-2008) 3
Page 47 of 322
18605 NW 27 Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: September 9, 2015 Item Type: (Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box)
Yes No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
X Public Hearing:
(Enter X in box)
Yes No Yes No
X
Funding Source:
Community
Development Block
Grant (CDBG)
Program
Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:
N/A X
Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area:
Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education
Qual. of Life & City Image Communication
Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) N/A X
Sponsor Name Cameron D. Benson, City Manager Department: Community Development
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING AMENDMENTS TO COMMUNITY DEVELOPMENT BLOCK GRANT ACTION PLANS FOR FISCAL YEARS
2010 THROUGH 2015, AS OUTLINED IN EXHIBIT “A” ATTACHED
HERETO; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Background
The City of Miami Gardens is an Entitlement jurisdiction, and as such receives an annual allocation of
Community Development Block Grant (CDBG) Program funds from the US Department of Housing and
Urban Development (HUD). Since becoming an Entitlement jurisdiction in October 2006, the City has
received a total of $11,357,824 in CDBG Program funds.
Item J-1) Public Hearing
Resolution
CDBG/Amendments - Action Plans FYs 2010 - 2015
Page 48 of 322
18605 NW 27 Avenue
Miami Gardens, Florida 33056
Each program year the City is required to submit an Annual Action Plan to HUD, which outlines how the
City will use its CDBG funds to implement projects that benefit low-to-moderate income
individuals/households.
Current Situation
At this time it is necessary to amend the following CDBG Program Year Action Plans - 2010-11, 2011-12,
2012-13, 2013-14, and 2014-15. This amendment reflects a re-allocation of unexpended funds from
these years to fund CDBG activities during Program Year 2014-15. A total of $1,133,064 of CDBG funds
will be re-allocated from CDBG funds that were:
1) previously awarded but not contracted,
2) funds that were obligated but construction work did not commence, and
3) from unspent previously awarded projects that came in under budget.
A draft of the attached Amendment to multiple Program Year Action Plans was publicly advertised for
thirty (30) days, allowing for public comments. The notice was placed in the Miami Herald Neighbors
Section and at City Hall and the Department of Community Development. Additionally, a draft of the
proposed Amendment was posted on the City’s Website and a hard copy was made available in the
Department of Community Development’s lobby. No public comments were received.
A resolution is needed to amend the City’s Annual Action Plans. Upon City Council’s approval, the
Amendment must be submitted to HUD.
Fiscal Impact
There is no immediate fiscal impact. This is just an amendment to the expenditure planning of how the
funding provided for CDBG will be allocated.
Proposed Action:
That the City Council approves the attached resolution.
Attachments:
• CDBG Action Plan Amendments to PY 2010-2015
Page 49 of 322
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING AMENDMENTS TO 4 COMMUNITY DEVELOPMENT BLOCK GRANT ACTION PLANS 5
FOR FISCAL YEARS 2010 THROUGH 2015, AS OUTLINED IN 6
EXHIBIT “A” ATTACHED HERETO; PROVIDING FOR THE 7
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 8 EFFECTIVE DATE. 9 10
WHEREAS, since 2006, the City has received a total of Eleven Million Three 11
Hundred Fifty Seven, Eight Hundred Twenty Four Dollars ($11,357,824.00) in 12
Community Development Block Grant (“CDBG”) funds from the United States 13
Department of Housing and Urban Development (“HUD”), and 14
WHEREAS, each year, HUD requires the City to submit an annual action plan, to 15
outline the manner in which program funds will be utilized to implement projects to 16
benefit low to moderate income individuals and households, and 17
WHEREAS, City staff recommends amending the action plans for fiscal years 18
2010 through 2015 to reallocate a total of One Million One Hundred Thirty Three, 19
Seventy Four Dollars ($1,133,064.00) in unused grant funds to 2014-2015 program year 20
activities, 21
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 22
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 23
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 24
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 25
made a specific part of this Resolution. 26
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 27
hereby authorizes amendments to Community Development Block Grant Action Plans 28
for Fiscal Years 2010 through 2015, as outlined in Exhibit “A” attached hereto. 29
Page 50 of 322
2
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 30
upon its final passage. 31
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 32
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 33
34
___________________________________ 35
OLIVER GILBERT, III, MAYOR 36
37 38 ATTEST: 39
40
41
__________________________________ 42 RONETTA TAYLOR, MMC, CITY CLERK 43 44
45
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 46
47 48 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 49
50
Moved by: __________________ 51
52 VOTE: _________ 53 54
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 55
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 56
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 57 Councilman David Williams Jr ____ (Yes) ____ (No) 58 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 59
Councilman Rodney Harris ____ (Yes) ____ (No) 60
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 61
62
Page 51 of 322
City of Miami Gardens Page 1
City of Miami Gardens
Department of Community Development
Action Plan Amendments (Program Years 5, 6, 7, 8, & 9)
FY
2010-
2015
Submitted to: The US Department of Housing & Urban Development;
Community Planning & Development
909 SE First Avenue, Room 500
Miami, Florida 33131-3028
Page 52 of 322
Action Plan Amendments FY 2010-2015
City of Miami Gardens Page 2
1. INTRODUCTION
EXECUTIVE SUMMARY
This report consists of modifications (amendments) implemented to projects identified in the
City of Miami Gardens’ 5th, 6th, 7th, 8th, and 9th Program Year Action Plans (FY 2010-2015), for its
Community Development Block Grant (CDBG) Program. With the approval of the City Manager,
this report delineates adjustments to the projects carried out by the Department of Community
Development. These amendments were necessary due to a change in the nature of the
projects indicated herein.
In an effort to better meet the priorities and needs of low- and moderate-income city residents,
funding allocations have been increased or decreased appropriately by means of transfer, re-
allocation, or de-obligation. All funding determinations remain consistent with the goals and
objectives set-forth in the 2011-2016 Consolidated Plan and in conjunction with the Citizen
Participation Plan. As it relates to citizen participation, a summary of the amendments was
made available to the public for review and comment for a period of 30-days beginning on
August 9, 2015 through September 9, 2015. The amendment was publicly posted and available
on the City’s website at http://www.miamigardens-fl.gov/cd/index.html and in the Miami
Herald for review by the general public.
As an Entitlement Jurisdiction, the City of Miami Gardens is dedicated to complying with the
goals and regulations mandated by the U.S. Department of Housing and Urban Development
(U.S. HUD), while attempting to provide decent housing, a suitable living environment, and
increased economic opportunity for low- and moderate income residents.
The Department of Community Development initiated such amendments with the intent of
meeting the following CDBG national objectives: 1) Provide benefits to low-to-moderate
income families; 2) Aid in preventing “slums and blight”; 3) To meet other community
development needs that have a particular urgency because existing conditions pose a serious
and immediate threat to the health and welfare of the community.
Projects submitted in the 5th, 6th, 7th, 8th, & 9th Program Year Action Plans were designed to give
maximum priority to feasible activities that promote the CDBG national objectives.
Furthermore, Entitlement Grant monies, such as CDBG will be awarded by the City of Miami
Gardens to agencies and projects which further the national federal objectives.
Page 53 of 322
Action Plan Amendments FY 2010-2015
City of Miami Gardens Page 3
2. BACKGROUND
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
The City of Miami Gardens received its first allocation of Community Development Block Grant
(CDBG) funds from the U.S. Department of Housing and Urban Development (HUD) in 2006.
The primary objective of the CDBG Program as set forth by Congress is the “development of
viable urban communities, by providing decent housing and a suitable living environment and
expanding economic opportunities, principally for persons of low and moderate income.”
Federal regulations define persons who are low and moderate-income as those individuals (or
households) earning less than 80% of the area median income (AMI) as determined by HUD,
adjusted by household size.
Usage of the CDBG funds is guided by the City’s Consolidated Plan for Community Development
and Housing programs. The Consolidated Plan establishes a long-range strategy for investment
of its HUD resources and other resources linked to activities directed at the community
development, housing and homeless services needs. The plan covers a five-year period,
beginning October 1, 2011 and ending September 30, 2016. Lastly, the City must prepare an
Annual Action Plan describing actions/strategies designed to fulfill the Consolidated Plan.
As an Entitlement City, Miami Gardens is awarded an annual CDBG allocation on a formula
basis. The formula takes into account total population, overcrowding and poverty. CDBG funds
must be used for activities that benefit low- and moderate income persons. Eligible activities
include affordable housing, job creation, business expansion opportunities, and services to the
most vulnerable in the community.
The Department of Community Development furthers the HUD national objectives by
coordinating the priorities collectively established in annual public hearings, with the CDBG
national goals and objectives.
Page 54 of 322
Action Plan Amendments FY 2010-2015
City of Miami Gardens Page 4
3. AMENDMENTS
DETAIL OF AMENDMENTS
2010-2011
Number Key
Project Code Amendment Number
(project–P.Y.-amendment #)
Program
Yr
Amendment
Sequence
BCRD (CDBG-Commercial
Redevelopment)
BCRD-05-006
05 006
BNFR (CDBG-Infrastructure
Improvements)
BNFR-05-007
05 007
BHSG (CDBG-Housing
Rehabilitation)
BHSG-05-008 05 008
No. BCRD-05-006 (Commercial Redevelopment): The 2010-2011 Action Plan reflected the
provision of commercial redevelopment in selected low-mod census tracts in the City. This
project included façade improvements for eligible for-profit businesses within the City. An
amount of $120,289.00 was allocated to this project. An activity was identified; however it was
completed under budget. As a result, $21,549.65 has been de-obligated. This amendment will
reduce the allocated amount by $21,549.65. The funds will be re-allocated to the Housing
Rehabilitation project in program year 2014-2015, and will bring the total allocation for the
2010-2011 Commercial Redevelopment project to $98,739.35.
No. BNFR-05-007 (Infrastructure Improvements): The 2010-2011 Action Plan reflected the
provision of infrastructure improvements in selected low-mod census tracts in the City. This
activity consisted of improvements to drainage, water/sewer, street lights, and street re-
construction. The project went over budget by $20,220.93 due to the hiring of a temporary
construction site manager to oversee the project which was not part of the original budget. As
a result, this amendment will increase the project by $20,220.93 from the 2011-2012
Infrastructure project funds. This will bring the total allocation for 2010-2011 Infrastructure
Improvements project to $755,029.78.
No. BHSG-05-008 (Housing Rehabilitation): The 2010-2011 Action Plan included an allocation
for the Housing Rehabilitation Project. These services are provided to homeowners who are at
or below 80% of the area median income and live in the housing unit being rehabilitated. An
amount of $320,702.48 was allocated to this project; however $199,241.78 remains
unobligated and unspent. This amendment will move these unobligated funds from the
Housing Rehabilitation project in 2010-2011 and reallocate $33,369.97 to 2013-2014 and
$165,871.81 to the 2014-2015 program years. This will bring the total allocation for 2010-2011
Housing Rehabilitation project to $121,460.70.
Page 55 of 322
Action Plan Amendments FY 2010-2015
City of Miami Gardens Page 5
2011-2012
Number Key
Project Code Amendment Number
(project–P.Y.-amendment #)
Program
Yr
Amendment
Sequence
BCRD (CDBG-Commercial
Redevelopment)
BCRD-06-002 06 002
BNFR (CDBG-Infrastructure
Improvements)
BNFR-06-003 06 003
BHSG (CDBG-Housing
Rehabilitation)
BHSG-06-004 06 004
No. BCRD-06-002 (Commercial Redevelopment): The 2011-2012 Action Plan reflected the
provision of commercial redevelopment in selected low-mod census tracts in the City. This
project included façade improvements for eligible for-profit businesses within the City. An
amount of $72,000.00 was allocated to this project. A portion of the funds remain unobligated
and unspent to date. This amendment will reduce the allocated amount by $52,324.00 and re-
allocated it to the Housing Rehabilitation project in program year 2014-2015, and will bring the
total allocation for the 2011-2012 Commercial Redevelopment project to $19,676.00.
No. BNFR-06-003 (Infrastructure Improvements): The 2011-2012 Action Plan reflected the
provision of $179,566.00 for infrastructure improvements in selected low-mod census tracts in
the City. This activity consists of improvements to drainage, water/sewer, street lights, and
street re-construction. This amendment will move $20,220.93 to 2010-2011 and the remaining
$159,345.07 to 2014-2015 in order to complete Phase 2 of the Vista Verde Livable
Neighborhood project. The final total amount in this Infrastructure Improvements project for
2011-2012 will be $0.00.
No. BHSG-06-004 (Housing Rehabilitation): The 2011-2012 Action Plan included an allocation
for the Housing Rehabilitation Project. These services are provided to homeowners who are at
or below 80% of the area median income and live in the housing unit being rehabilitated. An
amount of $409,318.43 was allocated to this project. A portion of the funds remain unobligated
to date. This amendment will reduce the allocated amount by $80,987.90 and re-allocate it to
the Housing Rehabilitation project in program year 2013-2014. The total allocation remaining
for 2011-2012 Housing Rehabilitation project will be $328,330.53.
Page 56 of 322
Action Plan Amendments FY 2010-2015
City of Miami Gardens Page 6
2012-2013
Number Key
Project Code Amendment Number
(project–P.Y.-amendment #)
Program
Yr
Amendment
Sequence
BCRD (CDBG-Commercial
Redevelopment)
BCRD-07-001 07 001
BNFR (CDBG-Infrastructure
Improvements)
BNFR-07-002 07 002
BHSG (CDBG-Housing
Rehabilitation)
BHSG-07-003 07 003
BPSV (CDBG-Public
Services)
BPSV-07-004 07 004
BADM (CDBG-
Administration)
BADM-07-005 07 005
No. BCRD-07-001 (Commercial Redevelopment): The 2012-2013 Action Plan reflected the
provision of commercial redevelopment in selected low-mod census tracts in the City. This
project included façade improvements for eligible for-profit businesses within the City. An
amount of $200,000.00 was allocated to this project. A portion of the funds remain
unobligated to date. This amendment will reduce the allocated amount by $172,786.10.
$163,484.71 will be reallocated to the Housing Rehabilitation project in program year 2014-
2015 and $9,301.39 will be moved to the Commercial Redevelopment project in 2014-2015.
This will bring the total allocation for the 2012-2013 Commercial Redevelopment project to
$27,213.90.
No. BNFR-07-002 (Infrastructure Improvements): The 2012-2013 Action Plan reflected the
provision of $168,552.00 for infrastructure improvements in selected low-mod census tracts in
the City; known as the Livable Neighborhoods Initiative. This activity consists of improvements
to drainage, water/sewer, street lights, and street re-construction. This amendment will move
all the funds allocated to this project in 2012-13 to the Infrastructure Improvement project in
2014-2015 in order to complete Phase 2 of the Vista Verde Livable Neighborhood project. The
final total amount in this Infrastructure Improvements project for 2012-2013 will be $0.00.
No. BHSG-07-003 (Housing Rehabilitation): The 2012-2013 Action Plan included an allocation
for the Housing Rehabilitation Project. These services are provided to homeowners who are at
or below 80% of the area median income and live in the housing unit being rehabilitated. An
amount of $245,000 was allocated to this project. A portion of the funds remain unobligated
and unspent to date. This amendment will reduce the allocated amount and re-allocated
$32,071.22 to the Housing Rehabilitation project in program year 2013-2014. The total
allocation remaining for 2012-2013 Housing Rehabilitation project will be $212,928.78.
No. BPSV-07-004 (Public Services): The 2012-2013 Action Plan included an allocation for the
provision of Public Services in the amount of $141,588.00 which is 15% of the overall CDBG
allocation for that year. A portion of the funds remain unobligated and unspent to date. This
amendment will reduce the allocated amount and re-allocated $62.64 to the Housing
Page 57 of 322
Action Plan Amendments FY 2010-2015
City of Miami Gardens Page 7
Rehabilitation project in program year 2014-2015. The total allocation remaining for 2012-2013
Public Services project will be $141,525.36.
No. BADM-07-005 (Program Administration): The 2012-2013 Action Plan included an allocation
for Program Administration in the amount of $188,785.00 which is 20% of the overall CDBG
allocation for that year. A portion of the funds remain unobligated and unspent to date. This
amendment will reduce the allocated amount and re-allocated $3,113.61 to the Housing
Rehabilitation project in program year 2014-2015. The total allocation remaining for 2012-2013
Program Administration project will be $185,671.39.
2013-2014
Number Key
Project Code Amendment Number
(project–P.Y.-amendment #)
Program
Yr
Amendment
Sequence
BCRD (CDBG-Commercial
Redevelopment)
BCRD-08-001 08 001
BNFR (CDBG-Infrastructure
Improvements)
BNFR-08-002 08 002
BHSG (CDBG-Housing
Rehabilitation)
BHSG-08-003 08 003
BPSV (CDBG-Public
Services)
BPSV-08-004 08 004
BADM (CDBG-
Administration)
BADM-08-005 08 005
No. BCRD-08-001 (Commercial Redevelopment): The 2013-2014 Action Plan reflected the
provision of commercial redevelopment in selected low-mod census tracts in the City. This
project included façade improvements for eligible for-profit businesses within the City. An
amount of $200,000.00 was allocated to this project. A portion of the funds remain
unobligated to date. This amendment will reduce the allocated amount by $171,049.51, which
will be moved to the Commercial Redevelopment project in 2014-2015. This will bring the total
allocation for the 2013-2014 Commercial Redevelopment project to $28,950.49.
No. BNFR-08-002 (Infrastructure Improvements): The 2013-2014 Action Plan reflected the
provision of $214,638.85 for infrastructure improvements in selected low-mod census tracts in
the City; known as the Livable Neighborhoods Initiative. This activity consists of improvements
to drainage, water/sewer, street lights, and street re-construction. This amendment will move
all the funds allocated to this project in 2013-14 to the Infrastructure Improvement project in
2014-2015 in order to complete Phase 2 of the Vista Verde Livable Neighborhood project. The
final total amount in this Infrastructure Improvements project for 2013-2014 will be $0.00.
No. BHSG-08-003 (Housing Rehabilitation): The 2013-2014 Action Plan included an allocation
for the Housing Rehabilitation Project. These services are provided to homeowners who are at
or below 80% of the area median income and live in the housing unit being rehabilitated. An
amount of $245,000 was allocated to this project. However, more housing rehab activities were
Page 58 of 322
Action Plan Amendments FY 2010-2015
City of Miami Gardens Page 8
completed than originally budgeted; therefore this amendment will increase the allocated
amount by $146,429.09 from the 2010-2011 ($33,369.97), 2011-2012 ($80,987.90), and 2012-
2013 ($32,071.22) Housing Rehabilitation projects. The total allocation amount for 2013-2014
Housing Rehabilitation project will be $391,429.09.
No. BPSV-08-004 (Public Services): The 2013-2014 Action Plan included an allocation for the
provision of Public Services in the amount of $152,224.35 which is 15% of the overall CDBG
allocation for that year. A portion of the funds remain unobligated and unspent to date. This
amendment will reduce the allocated amount and re-allocated $603.23 to the Housing
Rehabilitation project in program year 2014-2015. The total allocation remaining for 2013-2014
Public Services project will be $151,621.12.
No. BADM-08-005 (Program Administration): The 2013-2014 Action Plan included an allocation
for Program Administration in the amount of $202,965.80 which is 20% of the overall CDBG
allocation for that year. A portion of the funds remain unobligated and unspent to date. This
amendment will reduce the allocated amount and re-allocated $3,166.59 to the Housing
Rehabilitation project in program year 2014-2015. The total allocation remaining for 2013-2014
Program Administration project will be $199,799.21.
2014-2015
Number Key
Project Code Amendment Number
(project–P.Y.-amendment #)
Program
Yr
Amendment
Sequence
BCRD (CDBG-Commercial
Redevelopment)
BCRD-09-001 09 001
BNFR (CDBG-Infrastructure
Improvements)
BNFR-09-002 09 002
BHSG (CDBG-Housing
Rehabilitation)
BHSG-09-003 09 003
No. BCRD-09-001 (Commercial Redevelopment): The 2014-2015 Action Plan did not allocate
funds to the Commercial Redevelopment project. Therefore this amendment will allocate
$180,350.90 from program years 2012-2013 ($9,301.39) and 2013-2014 ($171,049.51)
Commercial Redevelopment projects. This will bring the total allocation for the 2014-2015
Commercial Redevelopment project to $180,350.90.
No. BNFR-09-002 (Infrastructure Improvements): The 2014-2015 Action Plan reflected the
provision of $204,903.15 for infrastructure improvements in selected low-mod census tracts in
the City; known as the Livable Neighborhoods Initiative. This amendment will increase the
allocation to this project by $542,535.92 from the 2011-2012 ($159,345.07), 2012-2013
($168,552.00), and 2013-2014 ($214,638.85) Infrastructure Improvements projects in order to
complete Phase 2 of the Vista Verde Livable Neighborhood activity. The final total amount in
this Infrastructure Improvements project for 2013-2014 will be $747,439.07.
Page 59 of 322
Action Plan Amendments FY 2010-2015
City of Miami Gardens Page 9
No. BHSG-09-003 (Housing Rehabilitation): The 2014-2015 Action Plan included an allocation
for the Housing Rehabilitation Project. These services are provided to homeowners who are at
or below 80% of the area median income and live in the housing unit being rehabilitated. An
amount of $445,000 was allocated to this project. In an effort to complete its current waitlist,
and due to unobligated funding from previous program years, the City is increasing the 2014-
2015 allocation for Housing Rehabilitation by $410,177.24 from the Commercial
Redevelopment and Housing Rehabilitation projects from prior years. This will bring the total
allocation amount for 2014-2015 Housing Rehabilitation project will be $855,177.24.
Page 60 of 322
City of Miami Gardens Page 10
Summary of Amendments 2010-2015
Project 2010-11 2011-12 2012-13 2013-14 2014-15 Totals Admin $ (3,113.61) $ (3,166.59) $ (6,280.20) Public Service $ (1.00) $ (62.64) $ (603.23) $ (666.87) Housing Rehab $ (199,241.78) $ (80,987.90) $ (32,071.22) $ 146,429.09 $ 410,177.24 $ 244,305.43 Livable Neighborhoods $ 20,220.93 $ (179,566.00) $ (168,552.00) $(214,638.85) $ 542,535.92 $ - Commercial Redevelopment $ (21,549.65) $ (52,324.00) $ (172,786.10) $(171,049.51) $ 180,350.90 $(237,358.36)
Totals $(200,570.50) $(312,878.90) $(376,585.57) $(243,029.09) $1,133,064.06 $ -
Page 61 of 322
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: September 9, 2015 Item Type: (Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact: (Enter X in box)
Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading
X Public Hearing:
(Enter X in box)
Yes No Yes No
X
Funding Source:
Community
Development Block
Grant (CDBG) Fund
Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required: (Enter X in box)
Yes No RFP/RFQ/Bid #: N/A
X
Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational
Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image
Communication
Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X
Sponsor Name
Cameron Benson,
City Manager
Department:
Community Development
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ALLOCATING FISCAL YEAR 2015-2016 COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) PUBLIC SERVICE FUNDS, IN THE
AMOUNT OF NINE THOUSAND DOLLARS ($9,000.00) TO CARRFOUR SUPPORTING HOUSING, INC.; AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY THAT
CERTAIN SUBRECIPIENT AGREEMENT FOR THIS PURPOSE, ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Background:
Annually, the City of Miami Gardens sets aside Community Development Block Grant (CDBG) funds for
the provision of public services (also referred to as social services) to Miami Gardens’ residents. U.S.
HUD regulations allows for up to 15% of the City’s annual CDBG allocation to be used for public service
Item J-2) Public Hearing
Resolution
CDBG/Carrfour Supporting Housing, Inc.
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
programs. The City’s Department of Community Development makes these funds available to interested
non-profit, community-based organizations applying through a formal Request for Proposal (RFP)
process. For the 2015-16 fiscal year a total of $150,096.00 (15% of annual CDBG allocation) is available in
the Public Services category. This is nearly level funding from last year.
A RFP was made available on April 1, 2015. City staff held two (2) Technical Assistance (TA) Workshops
on March 31, 2015 and April 9, 2015, at which approximately twenty (20) agencies were informed of the
program guidelines and requirements. Additionally, a Pre-Proposal meeting was also held on April 9,
2015 where four (4) agencies attended and were given the opportunity to ask specific questions about
the RFP.
Proposals were due on April 29, 2015 by 4:00 p.m. A total of twelve (12) proposals were submitted.
Eight (8) high scoring agencies are being recommended to Council to receive funding for the 2015-2016
program year. They are as follows:
1. Carrfour Supporting Housing, Inc. $ 9,000.00
2. JPM Centre at Miami Gardens Drive, Inc. $ 17,600.00
3. Kristi House, Inc. $ 15,000.00
4. Mt. Pisgah Seventh Day Adventist Church $ 12,000.00
5. North Dade Youth & Family Coalition $ 10,500.00
6. Prosperity Social & Community Dev. Group, Inc. $ 10,000.00
7. Sunshine for All, Inc. $ 60,000.00
8. Switchboard of Miami $ 15,996.00
$150,096.00
Current Situation:
Below is a summary for each organization and their proposed program:
Carrfour Supportive Housing, Inc. was founded by the Greater Miami Chamber of Commerce in 1993
with a mission to confront homelessness by developing affordable housing and providing supportive
services. They provide an afterschool and mentoring program for 40 formerly homeless families
relocated to Del Prado Gardens, one of Carrfour’s permanent supportive housing developments in
Miami Gardens. Carrfour aftercare/mentoring program offers a comprehensive curriculum that includes
a minimum of five core components; (1) literacy (2) physical activity and fitness (3) social skills – building
(4) family involvement and (5) nutrition. Carrfour services are provided on site at the Del Prado Gardens
daily from 3:30 p.m. to 7:30 p.m. and an all day activity one Saturday a month focusing on enhancing the
community. The program was previously funded at $9,000 in FY 2014-15 and to date has served as many
as 42 youth. Staff is recommending continued funding at an equal level for FY 2015-16.
JPM Center at Miami Gardens Drive, Inc. is a non-profit, faith-based organization located in Miami
Gardens that administers an after school program to low & moderate income youth who live in Miami
Gardens. The program focuses on engaging youth during the after-school hours between 3-6 pm,
Tuesday through Friday. It includes reading literacy, computer skills and athletic activities, as well as
teaching self-esteem, effective communication skills, good decision making techniques, anger
management, conflict resolution and technical skills; all which build strong, solid character and values, as
they become adults. In addition, parents/guardians of participants receive training workshops on
positive parenting styles, discipline techniques and communication styles. The City has funded the
program since 2008, and for FY 2014-15 awarded JPM $14,600 to serve twenty-five (25) youth. The
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
students participate in daily reading and math literacy exercises and as a result 83% of students have
shown an improvement in their math skill and 91% have improved their reading skills. Staff is
recommending continued funding of this program.
Kristi House Inc. is a non-profit organization that offers specialized and coordinated services for children
who are victims of sexual abuse. Through the Kristi House program, clients will benefit from a healing
environment for child victims of abuse and their families, regardless of income, through prevention,
treatment and coordination of services with community partners. The City has previously funded this
program in 2014-15 at $12,500, which has served as many as 31 youth and their families at their North
Office, located at 18841 NW 2 Avenue, over the contract period. The case coordinator provides
comprehensive wrap-around services and therapist meet weekly with clients to provide mental health
intervention services. As a result, 93% of cases closed successfully with families meeting the goals
identified in their service plans. Seventy-five percent (75%) reported improved or stable behavioral and
social function for their child. Staff is recommending continued funding of this program.
Mt. Pisgah Seventh-day Adventist Church is a faith-based, non-profit organization that provides
programs that address issues facing low-income families such as food insecurity and sustainability.
Located at 3340-50 NW 215th Street in Miami Gardens, Mt. Pisgah’s Food Pantry has been in operation
since 2005 and is open the 2nd and 4th Wednesday of every month from 2:30 p.m. – 4:30 p.m. In 2014
the Food Pantry distributed over 210,000 pounds of food to 6,320 families with over 27,180 individuals.
In partnership with Feeding South Florida and Farm Share, who provide donated food and recovered
produce for distribution, Mt. Pisgah is on target to serve over 6,500 households with a projected number
of 27,796 persons who are at or below the poverty level in 2015. Without services provided by the food
pantry to seniors, many of the seniors would likely experience hunger resulting in poor health and
malnutrition. The City is currently funding this program at $10,000 which has served 316 low-income
seniors thus far this year. Staff is recommending continued funding at an increased amount of $12,000.
North Dade Youth & Family Coalition (NDYFC) (aka Youth Violence Prevention Coalition) was established
in 2006 following a wave of shooting deaths involving youth. Since its inception NDYFC has been the
community catalyst for intake assessment, information and referrals to residents in need of support
services living in the City of Miami Gardens. Since 2013, NDYFC has served 588 households through care
coordination/wraparound services, community policing and positive youth development activities with
successful results. Previously the City funded NDYFC’s All 4 You Program in FY 2014-15. However this
year NDYFC has proposed a new program, the NDYFC Network, which will provide wraparound care
coordination services to school age youth, ages 5-18, who are identified as at-risk of frequent school
absenses, suspensions from school, failing academically and/or involved in violence and crime at home,
school or in the community, with overall goals to improve academic performance and school
attendance. NDYFC proposes to serve 50 youth throughout the program year.
Prosperity Social & Community Development Group, Inc. (PSCDG) is a non-profit organization founded in
2011 to provide literacy and job readiness skills to women and girls throughout Miami-Dade County.
PSCDG proposes to implement an expanded version of their NOW (Needing Opportunities to Win)
Project to the Miami Gardens community. The program will provide literacy, job training, financial
literacy, career guidance, and support groups to both high school boys and girls, ages 15-21, who are
dropouts, potential dropouts, unemployed, pregnant teens and re-entries from the corrections system.
They will serve 60 youth from the City of Miami Gardens through their partnerships with both Norland
and Miami Carol City Senior High Schools and the Departments of Juvenile Justice and Corrections. Staff
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
is recommending funding of this new organization and program to serve a currently unmet need in the
community.
Sunshine For All, Inc. is a non-profit organization that delivers in-home meals to low & moderate income
seniors and disabled persons who live in Miami Gardens. Eligible meal recipients receive one hot meal
per day, five days a week, Monday through Friday. Meals are selected by a licensed and registered
dietician in order to assure that they meet the recommended dietary allowances. Currently, Sunshine is
serving 54 clients under the FY 2014-2015 contract in the amount of $80,000. City staff is recommending
continued funding of the program but at a reduced amount of $60,000.
Switchboard of Miami, Inc. is a non-profit organization that provides crisis counseling and information
and referral services to Miami-Dade County residents. Switchboard created the Seniors Never Alone
Program (SNAP), a telephone reassurance service to individuals sixty-five (65) years of age or older,
residing in Miami-Dade County, that live alone or are alone for the majority of the day. SNAP provides
in-bound phone coverage 24 hours/7 days a week and out-bound case managed calls to seniors enrolled
in the program. Seniors are assigned a Reassurance Specialist and, at a minimum, receive two (2)
management calls per week. Because Switchboard houses the County’s only comprehensive social
services database, the clients have a built-in resource for additional assistance and referrals. The City is
currently funding this program in the amount of $12,877, serving a total of 66 seniors over the FY 2014-
15 contract period. Staff is recommending continued support at an increased amount of $15,996.
All clients served through these programs are Miami Gardens residents. Contract periods for service for
all the above organizations will begin October 1, 2015 through September 30, 2016. Staff will monitor
each organization throughout the contract period to ensure they comply with all Federal CDBG and City
of Miami Gardens requirements.
A resolution is required in order to allocate CDBG Funds to the above organizations. Subsequent to
Council approval of staff’s recommendation, sub-recipient agreements will be executed between the
City and the above referenced organizations in which the scope of services, performance deliverables,
and funding distribution will be outlined.
Fiscal Impact:
The City FY 2015-16 award of CDBG grant is $1,000,644. Fifteen (15%) percent of this allocation which is
$150,096 is available for Public Services expenses. The above allotment to the various agencies totaled
to the amount that is within the budget in the Public Service category.
Proposed Action:
That the City Council approves the attached resolution.
Attachment:
• Public Services Scores & Summary Table
• Sub-recipient Agreement (FY 2015-2016)
Page 65 of 322
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, ALLOCATING FISCAL YEAR 2015-4 2016 COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) 5
PUBLIC SERVICE FUNDS, IN THE AMOUNT OF NINE 6
THOUSAND DOLLARS ($9,000.00) TO CARRFOUR 7
SUPPORTING HOUSING, INC.; AUTHORIZING THE CITY 8 MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, 9 RESPECTIVELY THAT CERTAIN SUBRECIPIENT AGREEMENT 10
FOR THIS PURPOSE, ATTACHED HERETO AS EXHIBIT A; 11
PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; 12
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 13 PROVIDING FOR AN EFFECTIVE DATE. 14 15
WHEREAS, annually the City makes available Community Development Block 16
Grant (“CDBG”) funds for the provision of public services to Miami Gardens residents, 17
and 18
WHEREAS, these funds are made available to interested non-profit and 19
community based organizations applying through a formal request for a proposal 20
process, and 21
WHEREAS, this year, a total of One Hundred Fifty Thousand Ninety Six Dollars 22
($150,096.00), is available for non-profit organizations under the public service 23
category, and 24
WHEREAS, the City issued a RFP for the 2015-2016 year, Public Service Grant 25
on April 1, 2015, and 26
WHEREAS, a total of twelve (12) proposals were submitted, and 27
WHEREAS, eight (8) of the highest scoring agencies are being recommended to 28
the City Council to receive funding for the 2015-2016 program year, and 29
WHEREAS, Carrfour Supportive Housing, Inc. was founded by the Greater 30
Miami Chamber of Commerce with a mission to confront homelessness by developing 31
affordable housing and supportive services, and 32
Page 66 of 322
2
WHEREAS, Carrfour Supportive Housing, Inc. will offer an afterschool and 33
mentoring program for up to forty (40) families residing in Del Prado Gardens, and 34
WHEREAS, City staff is recommending funding to Carrfour Supportive Housing, 35
Inc., in the amount of Nine Thousand Dollars ($9,000.00), for 2015-2016 program year, 36
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 37
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 38
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 39
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 40
made a specific part of this Resolution. 41
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 42
hereby allocates Fiscal Year 2015-2016 Community Development Block Grant 43
(“CDBG”) Public Service Funds, in the amount of Nine Thousand Dollars ($9,000.00) to 44
Carrfour Supportive Housing, Inc.; and authorizes the City Manager and the City Clerk 45
to execute and attest, respectively that certain Subrecipient Agreement for this purpose, 46
attached hereto as Exhibit A. 47
Section 3: INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 48
authorized to obtain two (2) fully executed copies of the subject Agreement with one to 49
be maintained by the City, and one to be delivered to Carrfour Supportive Housing, Inc. 50
Section 4: EFFECTIVE DATE: This Resolution shall take effect immediately 51
upon its final passage. 52
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 53
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 54
55
___________________________________ 56
OLIVER GILBERT, III, MAYOR 57
Page 67 of 322
3
ATTEST: 58
59
60 __________________________________ 61 RONETTA TAYLOR, MMC, CITY CLERK 62
63
64
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 65 66 67
SPONSORED BY: CAMERON D.BENSON, CITY MANAGER 68
69
Moved by: __________________ 70 71 VOTE: _________ 72
73
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 74
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 75 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 76 Councilman David Williams Jr ____ (Yes) ____ (No) 77
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 78
Councilman Rodney Harris ____ (Yes) ____ (No) 79
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 80
81
Page 68 of 322
1
CITY OF MIAMI GARDENS, FLORIDA
COMMUNITY DEVELOPMENT BLOCK GRANT
PUBLIC SERVICES PROGRAM AGREEMENT
THIS AGREEMENT (hereinafter the “Agreement”) is entered into this 1st day
of October, 2015, between the City of Miami Gardens, a municipal corporation of the State of
Florida (hereinafter referred to as the “CITY”) and _____________________, Inc., a Florida
not for profit corporation (hereinafter referred to as the “SUBRECIPIENT”).
FUNDING SOURCE: Community Development Block Grant Funds
AMOUNT:
TERM OF THE AGREEMENT: October 1, 2015 through September 30, 2016
IDIS NUMBER: (to be completed by the City): ________
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein set
forth, the parties understand and agree as follows:
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 D Certification Regarding Lobbying Form
Exhibit E Certification Regarding Debarment, Suspension and other
Responsibility Matters (Primary Covered Transactions Form).
Exhibit F Crime Entity Affidavit
Page 69 of 322
2
1.2 DEFINED TERMS. As used herein the following terms shall mean:
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,
designs, electronic tapes, computer drives and
diskettes or surveys.
CDBG Program: Community Development Block Grant Program.
CDBG Requirements: The requirements contained in 24 CFR Part 570,
Rule 9I of the Florida Administrative Code and as
established by the City of Miami Gardens, Florida.
Department: The City of Miami Gardens Department of
Community Development.
Federal Award: Any federal funds received by the SUBRECIPIENT
from any source during the period of time in which
the SUBRECIPIENT is performing the obligations
set forth in this Agreement.
Low-and-Moderate A member of a low- or moderate-income family
Income Person: whose income is within specific income levels set
forth by U.S. HUD.
U.S. HUD or HUD: The United States Department of Housing and
Urban Development.
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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 term of this Agreement. These items shall be in sufficient
detail to provide a sound basis for the CITY to effectively monitor performance
by the SUBRECIPIENT under this Agreement.
2.2 The Budget Summary attached hereto as Exhibit C, which shall include: completion of
the SUBRECIPIENT’S Itemized Budget, Cost Allocation, Budget Narrative, Staff
Salaries Schedule and a copy of all subcontracts.
2.3 A list of the SUBRECIPIENT’S present officers and members of the Board (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 A letter accepting the Office of Management and Budget (“OMB”) Circular No.A-87
“Principles for Determining Costs Applicable to Grants and Agreements with State,
Local and Federally recognized Indian Tribal Governments;” OMB Circular No. A-110,
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Attachments “A” (Cash Depositories), “B” (Bonding and Insurance), “C” (Retention and
Custodial Requirements for Records), “F” (Standards for Financial Management
Systems), “H” (Monitoring and Reporting Progress Performance), “N” (Property
Management Standards), and “O” (Procurement Standards); OMB Circular Nos. A-122
and A-21: “Cost Principles for Non-Profit Organizations and Cost Principles for
Educational Institutions,” as modified by 24 CFR Section 570.502(a)(b); “Applicability
of Uniform Administrative Requirements” of the CDBG Program Regulations Final Rule
and Lead Based Paint Regulations 24 CFR Part 35.
2.10 Copy of the SUBRECIPIENT’S last federal income tax return (IRS Form 990).
2.11 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.
2.12 ADA Certification.
2.13 Drug Free Certification.
2.14 All other documents reasonably required by the CITY.
ARTICLE III
TERMS AND PROCEDURES
3.1 CITY AUTHORIZATION:
For the purpose of this Agreement, the Department will act on behalf of the CITY in the
fiscal control, programmatic monitoring and modification of this Agreement, except as otherwise
provided in this Agreement.
3.2 EFFECTIVE DATE AND TERM:
This Agreement shall begin on ___October 1, 2015 and end on September 30, 2016__.
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.
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3.4 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, impair 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 Project Sponsor shall be based on
the rates, schedules and conditions described in Exhibit “C” attached hereto, which by this
reference is incorporated into this Agreement.”
4.2 INSURANCE:
At all times during the term hereof, the SUBRECIPIENT shall maintain insurance
acceptable to the CITY. Prior to commencing any activity under this Agreement, the
SUBRECIPIENT shall furnish to the CITY original certificates of insurance indicating that the
SUBRECIPIENT is in compliance with the provisions of this Article.
4.2.1 The SUBRECIPIENT shall provide the following coverage:
(i) Commercial General Liability in an amount not less than
$300,000.00 per occurrence, $1,000,000.00 aggregate, protecting
the CITY and the SUBRECIPIENT against liability incidental to
the use of, or resulting from an accident occurring on or about, its
property.
(ii) Automobile liability for all owned vehicles and for non-owned and
hired automobiles in the amount of $300,000 combined single limit
for bodily and property damage and/or split limits in the amount of
$100,000/$300,000 for bodily injury and $100,000 for property
damage.
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(iii) Workers' compensation insurance as required by the laws of the
State of Florida.
(iv) Sexual Abuse coverage in an amount not less than $1,000,000.00
per occurrence (Only required for those agencies providing
services to and/or working with children under the age of 18.)
4.2.2 All such insurance shall insure the CITY as the primary additional insured. The
SUBRECIPIENT shall be required to furnish evidence of any other insurance
coverage the CITY may reasonably require during the term of this Agreement.
All such policies shall require the insurance carrier to give the CITY at least 30
days prior written notice of termination, cancellation, expiration or modification,
and all such policies shall be written by insurance companies satisfactory to the
CITY.
4.2.3 Crime Policy (Employee Coverage) for all persons handling funds received or
disbursed under this Agreement in an amount equal to or greater than one third
(1/3) the amount of the grant of funds hereunder. The CITY shall be named as
Loss Payee.
4.2.4 Compliance with the foregoing requirements shall not relieve the
SUBRECIPIENT of its liability and obligations under this section or under any
other section of this Agreement.
4.2.5 SUBRECIPIENT shall apply and obtain any other insurance coverage that the
CITY may require for the execution of the Agreement.
4.2.6. SUBRECIPIENT shall indemnify, defend and hold harmless the City and its
officials, employees and agents (collectively referred to as “Indemnities”) and
each of them from and against all loss, costs, penalties, fines, damages, claims,
expenses (including attorney’s fees) or liabilities (collectively referred to as
“Liabilities”) by reason of any injury to or death of any person or damage to or
destruction or loss of any property arising out of, resulting from, or in connection
with (i) the performance or non-performance of the services contemplated by this
Agreement which is caused, in whole or in part, by any act, omission, default or
negligence (whether active or passive) of SUBRECIPIENT or its employees,
agents or subcontractors, or (ii) the failure of the SUBRECIPIENT to comply
with any of the paragraphs herein or the failure of the SUBRECIPIENT to
conform to statutes, ordinances, or other regulations or requirements of any
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governmental authority, federal or state, in connection with the performance of
this Agreement. SUBRECIPIENT expressly agrees to indemnify and hold
harmless the Indemnities, or any of them, from and against all liabilities which
may be asserted by an employee or former employee of SUBRECIPIENT, or any
of its subcontractors, as provided above, for which the SUBRECIPIENT’S
liability to such employee or former employee would otherwise be limited to
payments under state Workers’ Compensation or similar laws.
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 three 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, not to constitute allowable expenditures. Any payments made to the
SUBRECIPIENT are subject to reduction for overpayments on previously submitted invoices.
4.4 RECAPTURE OF FUNDS:
The CITY reserves the right to recapture funds in the event that the SUBRECIPIENT
shall fail: (i) to comply with the terms of this Agreement, or (ii) to accept conditions imposed by
the CITY at the direction of the federal, state and local agencies.
4.5 CONTINGENCY CLAUSE:
Funding pursuant to this Agreement is contingent on the availability of funds and
continued authorization for CDBG Program activities, and is also subject to amendment or
termination due to lack of funds or authorization, reduction of funds, and/or changes in
regulations.
ARTICLE V
AUDIT
5.1 As a necessary part of this Agreement, the SUBRECIPIENT shall adhere to the following
audit requirements:
5.1.1 If the SUBRECIPIENT expends $750,000 or more in the fiscal year in Federal
awards it shall have a single audit or program specific audit conducted for that
year. The audit shall be conducted in accordance with GAGAS and OMB
Circular A-133. The audit shall determine whether the financial statements are
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presented fairly in all material respects in conformity with generally accepted
accounting principles.
In addition to the above requirements, the auditor shall perform procedures to
obtain an understanding of internal controls and perform sufficient testing to
ensure compliance with the procedures. Further the auditor shall determine
whether the SUBRECIPIENT has complied with laws, regulations and the
provisions of this Agreement.
A reporting package shall be submitted within the earlier of 30 days after receipt
of the auditor’s 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 findings; 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 $750,000 in the fiscal year in Federal
awards it is exempted from Federal audit requirements for that year and
consequently the audit cost is not a reimbursable expense. The City, however,
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may request the SUBRECIPIENT to have a limited scope audit for monitoring
purposes. These limited scope audits will be paid for and arranged by the City
and address only one or more of the following types of compliance requirements:
activities allowed or unallowed; allowable costs/cost principles; eligibility;
matching, level of effort, earmarking; and, reporting.
All reports presented to the City shall, where applicable, include sufficient information to
provide a proper perspective for judging the prevalence and consequences of the findings,
such as whether an audit finding represents an isolated instance or a systemic problem.
Where appropriate, instances identified shall be related to the universe and the number of
cases examined and quantified in terms of dollar value.
ARTICLE VI
RECORDS AND REPORTS
6.1 The SUBRECIPIENT shall establish and maintain sufficient records to enable the CITY
to determine whether the SUBRECIPIENT has met the requirements of the CDBG Program.
At a minimum, the following records shall be maintained by the SUBRECIPIENT:
6.1.1 Records providing a full description of each activity assisted (or being assisted)
with CDBG Funds, including its location (if the activity has a geographical locus),
the amount of CDBG Funds budgeted, obligated and expended for the activity,
and the specific provision in 24 CFR Subpart C of the CDBG Program regulations
under which the activity is eligible.
6.1.2 Records demonstrating that each activity undertaken meets one of the criteria set
forth in 24 CFR 570.208 of the CDBG Program regulations. Where information
on income by family size is required, the SUBRECIPIENT may substitute
evidence establishing that the person assisted qualified under another program
having income qualification criteria at least as restrictive as that used in the
definitions of “low- and moderate-income person” and “low- and moderate-
income household” as set forth in 24 CFR 570.3; or, the SUBRECIPIENT may
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
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HUD’s criteria and agrees to maintain documentation 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:
(a) The boundaries of the service area;
(b) The income characteristics of families and unrelated individuals in
the service area; and
(c) If the percent of low- and moderate-income persons in the service
area is less than 51 percent, data showing that the area qualifies
under the exception criteria set forth in 24 CFR 570.208(a)(1)(ii);
(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 elderly persons, severely disabled persons, battered
spouses, abused children, the homeless, illiterate persons, persons
living with AIDS, or migrant farm workers, for which the
regulations provide presumptive benefit to low- and moderate-
income persons; or
(b) Documentation describing how the nature and, if applicable, the
location of the facility or service establishes that it is used
predominantly by low- and moderate-income persons; or
(c) Data showing the size and annual income of the household of each
person receiving the benefit.
6.1.3 Equal Opportunity Records containing:
(i) Data on the extent to which each racial and ethnic group and single-
headed households (by gender of household head) have applied for,
participated in, or benefited from, any program or activity funded in whole
or in part with CDBG Funds. Such information shall be used only as a
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basis for further investigation relating to compliance with any requirement
to attain or maintain any particular statistical measure by race, ethnicity,
disability or gender in covered programs.
(ii) Documentation of actions undertaken to meet the requirements of 24 CFR
570.607(b) which implements Section 3 of the Housing and Urban
Development Act of 1968, as amended (12 U.S.C. 1701U) relative to the
hiring and training of low- and moderate-income persons and the use of
local businesses.
6.1.4 Financial records, in accordance with the applicable requirements listed in 24
CFR 570.502.
6.1.5 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 three (3) years from the expiration/termination of this Agreement (the
“Retention Period”). All books of account and supporting documentation shall be
kept by the SUBRECIPIENT at least until the expiration of the Retention Period.
The SUBRECIPIENT shall maintain records sufficient to meet the requirements
of 24 CFR 570. All records and reports required herein shall be retained and
made accessible as provided thereunder. The SUBRECIPIENT further agrees to
abide by Chapter 119, Florida Statutes, as the same may be amended from time to
time, pertaining to public records.
The SUBRECIPIENT shall ensure that the Agreement Records shall be at all
times subject to and available for full access and review, inspection and audit by
the CITY, federal personnel and any other personnel duly authorized by the
CITY.
6.2.2 The 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
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when services are eligible substantive project and/or programmatic activities and
subject to the audit and record-keeping requirements described in this Agreement
6.2.3 If the CITY or the 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 part of the final
closeout procedure, of the address where all Agreement Records will be retained.
6.2.5 The SUBRECIPIENT shall obtain the prior written consent of the Department to
the disposal of any Agreement Records within one year after the expiration of the
Retention Period.
6.3 PROVISION OF RECORDS:
6.3.1 At any time upon request by the Department, the SUBRECIPIENT shall provide
all Agreement Records to the Department. The requested Agreement Records
shall become the property of the Department without restriction, reservation, or
limitation on their use. The Department shall have unlimited rights to all books,
articles, or other copyrightable materials developed in the performance of this
Agreement. These rights include the right of royalty-free, nonexclusive, and
irrevocable license to reproduce, publish, or otherwise use, and to authorize others
to use the Work Program for public purposes.
6.3.2 If the SUBRECIPIENT receives funds from, or is under regulatory control of,
other governmental agencies, and those agencies issue monitoring reports,
regulatory examinations, or other similar reports, the SUBRECIPIENT shall
provide a copy of each such report and any follow-up communications and reports
to the Department immediately upon such issuance, unless such disclosure would
be prohibited by any such issuing agency.
6.4 MONITORING:
The SUBRECIPIENT shall permit the Department and other persons duly authorized by
the Department to inspect all Agreement Records, facilities, goods, and activities of the
SUBRECIPIENT which are in any way connected to the activities undertaken pursuant to the
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terms of this Agreement, and/or interview any clients, employees, subcontractors or assignees of
the SUBRECIPIENT. Following such inspection or interviews, the Department will deliver to
the SUBRECIPIENT a report of its findings. The SUBRECIPIENT will rectify all deficiencies
cited by the Department within the specified period of time set forth in the report or provide the
Department with a reasonable justification for not correcting the same. The Department will
determine in its sole and absolute discretion whether or not the SUBRECIPIENT’S justification
is acceptable.
At the request of the CITY, the SUBRECIPIENT shall transmit to the CITY written
statements of the SUBRECIPIENT’s official policies on specified issues relating to the
SUBRECIPIENT’s activities. The CITY will carry out monitoring and evaluation activities,
including visits and observations by CITY staff; the SUBRECIPIENT shall ensure the
cooperation of its employees and its Board members in such efforts. Any inconsistent,
incomplete, or inadequate information either received by the CITY or obtained through
monitoring and evaluation by the CITY, shall constitute cause for the CITY to terminate this
Agreement.
6.5 RELATED PARTIES:
The 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 SUBRECIPIENT 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.
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7.3 The SUBRECIPIENT shall comply with all applicable provisions of 24 CFR Part 570
and shall carry out each activity in compliance with all applicable federal laws and regulations
described therein.
7.4 The SUBRECIPIENT shall cooperate with the Department in informing the appropriate
citizen participation structures, including the appropriate area committees, of the activities of the
SUBRECIPIENT in adhering to the provisions of this Agreement. Representatives of the
SUBRECIPIENT shall attend meetings of the appropriate committees and citizen participation
structures upon the request of the citizen participation officers or the Department.
7.5 The SUBRECIPIENT shall, to the greatest possible, give low-and-moderate-income
residents of the service area(s) opportunities for training and employment.
7.6 NON-DISCRIMINATION: The SUBRECIPIENT shall not discriminate on the basis of
race, color, national origin, sex, religion, age, marital or family status or handicap in connection
with the activities and/or the Work Program or its performance under this Agreement.
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.
7.7 The SUBRECIPIENT shall carry out its Work Program in compliance with all federal
laws and regulations, including those described in Subpart K of the CDBG Program regulations
(24 CFR 570.600-612).
7.8 The 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.
7.9 The SUBRECIPIENT shall abide by the Federal Labor Standards provisions of U.S.
HUD Form 4010 incorporated herein as part of this Agreement.
7.10 UNIFORM ADMINISTRATIVE REQUIREMENTS. The SUBRECIPIENT shall
comply with the requirements and standards of OMB Circular No. A-122, “Cost Principles for
Non-Profit Organizations” and with the applicable requirements of 2 CFR Part 200 (the revised
OMB Circular No. A-110).
7.11 RELIGIOUS ORGANIZATIONS/CONSTITUTIONAL PROHIBITION. If the
SUBRECIPIENT is or was created by a religious organization, the SUBRECIPIENT agrees that
all CDBG Funds disbursed under this Agreement shall be subject to the conditions, restrictions,
and limitations of 24 CFR Part 570.200(j).
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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.
7.12 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.
7.13 ENFORCEMENT OF THIS AGREEMENT. Any violation of this Agreement that
remains uncured thirty (30) days after the SUBRECIPIENT’S receipt of notice from the CITY
(by certified or registered mail) of such violation may, at the option of the CITY, be addressed
by an action for damages or equitable relief, or any other remedy provided at law or in equity. In
addition to the remedies of the CITY set forth herein, if the SUBRECIPIENT materially fails to
comply with the terms of this Agreement, the CITY may suspend or terminate this Agreement in
accordance with 2 CFR Part 200.339, as set forth more fully below in Article IX of this
Agreement.
7.14 The SUBRECIPIENT shall not assume the CITY’s environmental responsibilities
described at 24 CFR 570.604 of the CDBG Program regulations nor the CITY’s responsibility
for initiating the review process under Executive Order 12372.
ARTICLE VIII
PROGRAM INCOME
8.1 Program income means gross income received by the SUBRECIPIENT which has been
directly generated from the use of the CDBG Funds. When such income is generated by an
activity that is only partially assisted with the CDBG Funds, the income shall be prorated to
reflect the percentage of CDBG Funds used. Program income generated by CDBG funded
activities shall be used only to undertake those activities specifically approved by the CITY on
and for the Work Program. All provisions of this Agreement shall apply to such activities. Any
program income on hand when this Agreement expires/terminates or received after such
expiration/termination shall be paid to the CITY, as required by 24 CFR 570.503(b)(7) of the
CDBG Program regulations.
The SUBRECIPIENT shall submit to the CITY monthly a Program Income Report and a
Work Program Status Report. The Program Income Report shall identify CDBG activities in
which income was derived and how income has been utilized.
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8.2 REPAYMENTS. Any interest or other return on the investment of the CDBG Funds
shall be remitted to the CITY on a monthly basis. Any CDBG Funds funded to the
SUBRECIPIENT that do not meet the eligibility requirements, as applicable, must be repaid to
the CITY.
ARTICLE IX
REMEDIES, SUSPENSION, TERMINATION
9.1 REMEDIES FOR NONCOMPLIANCE. The CITY retains the right to terminate this
Agreement at any time prior to the completion of the services required pursuant to this
Agreement without penalty to the CITY. In that event, notice of termination of this Agreement
shall be in writing to the SUBRECIPIENT, who shall be paid for those services performed prior
to the date of its receipt to the notice of termination. In no case, however, shall the CITY pay the
SUBRECIPIENT an amount in excess of the total 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 terms 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 SUBRECIPIENT.
9.1.5 Take all such other remedies that may be legally available.
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
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determined by the Department in its sole and absolute discretion, and may
include:
(i) Ineffective or improper use of the CDBG Funds by the SUBRECIPIENT;
(ii) Failure by the SUBRECIPIENT to 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 SUBRECIPIENT in writing of any action taken
pursuant to this Article, by certified mail, return receipt requested, or by in person
delivery with proof of delivery. The notification will include the reason(s) for
such action, any conditions relating to the action taken, and the necessary
corrective action(s).
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 allocated to fund this Agreement, the Department may terminate this
Agreement upon not less than twenty-four (24) hours prior notice in writing to the
SUBRECIPIENT. Said notice shall be delivered by certified mail, return receipt
requested, or by in person delivery with proof of delivery. In the event that the
CITY’S funding source reduces the CITY’S entitlement under the CDBG
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.
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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 terms of any other agreement
or obligation of any kind or nature whatsoever of the SUBRECIPIENT to the
CITY, direct or contingent, whether now or hereafter due, existing, created or
arising.
9.3.3 Unless the SUBRECIPIENT’S breach is waived by the Department in writing, the
Department may, by written notice to the SUBRECIPIENT, terminate this
Agreement upon not less than twenty-four (24) hours prior written notice. Said
notice shall be delivered by certified mail, return receipt requested, or by in
person delivery with proof of delivery. Waiver of breach of any provision of this
Agreement shall not be deemed to be a waiver of any other breach and shall not
be construed to be a modification of the terms of this Agreement. The provisions
hereof are not intended to be, and shall not be, construed to limit the Department’s
right to legal or equitable remedies.
ARTICLE X
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
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
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19
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 without the prior written consent of the CITY.
10.4 AWARD OF AGREEMENT. The SUBRECIPIENT warrants that is 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
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 Gardens (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 Procurement. The SUBRECIPIENT shall comply with the standards contained
within 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
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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 All 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
or by registered mail addressed to the other party at the address indicated herein
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 GARDENS
Laurin Yoder Department of Community Development 18605 N.W. 27th Avenue
Miami Gardens, Florida 33056
SUBRECIPIENT
10.10.2 Title and paragraph headings are for convenient reference and are not a part of
this Agreement.
10.10.3 In the event of conflict between the terms of this Agreement and any terms or
conditions contained in any attached documents, the terms in this Agreement shall
control.
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 phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid,
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illegal or otherwise unenforceable under the laws of the State of Florida or the
City of Miami Gardens, such provision, paragraph, sentence, word or phrase shall
be deemed modified to the extent necessary in order to conform with such laws,
or if not modifiable to conform with such laws, then same shall be deemed
severed, and in either event, the remaining terms and provisions of this
Agreement shall remain unmodified and in full force and effect.
10.11 INDEPENDENT CONTRACTOR. THE SUBRECIPIENT and its employees
and agents shall be deemed to be independent contractors and not agents or employees of the
CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances
of the CITY or any rights generally afforded classified or unclassified employees; further, they
shall not be deemed entitled to the Florida Worker’s Compensation benefits as employees of the
CITY.
10.12 SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the
parties hereto, and their respective heirs, executors, legal representatives, successors, and
assigns.
10.13 SUBRECIPIENT CERTIFICATION. The SUBRECIPIENT certifies that it
possesses the legal authority to enter into this Agreement pursuant to authority that has been duly
adopted or passed as an official act of the 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
SUBRECIPIENT to act in connection with this Agreement and to provide such information as
may be required.
10.14 COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAWS. To the extent
required by law, the SUBRECIPIENT shall comply with the public records laws in accordance
with Chapter 119, Florida Statutes. Specifically, the SUBRECIPIENT agrees to comply with
Section 119.0701, Florida Statutes. Public records shall mean all documents, papers, letters,
maps, books, tapes, photographs, films, sound recordings, data processing software, or other
material, regardless of the physical form, characteristics, or means of transmission, made or
received pursuant to law or ordinance or in connection with the transaction of official business
by any agency, as defined in Section 119.011, Florida Statutes, as amended. The City shall make
the sole determination of which records, if any, are exempt from inspection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their
respective officials thereunto duly authorized on the date above written.
SUBRECIPIENT
a Florida not-for-profit corporation
ATTEST:
__________________________________ By:
Corporate Secretary Date Name: Date
Title:
SEAL
CITY OF MIAMI GARDENS, a municipal
Corporation of the State of Florida
ATTEST:
__________________________________ By:
Ronetta Taylor, MMC Date Cameron D. Benson Date
City Clerk City Manager
APPROVED AS TO APPROVED FOR LEGAL
INSURANCE REQUIREMENTS: SUFFICENCY:
___________________________________ Melissa Negron, Director Date Sonja K. Dickens Date
Human Resources/Risk Management City Attorney
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City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: September 9, 2015 Item Type:
(Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading
X Public Hearing:
(Enter X in box)
Yes No Yes No
X
Funding Source: Community
Development Block
Grant (CDBG) Fund
Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required: (Enter X in box)
Yes No RFP/RFQ/Bid #: N/A
X
Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image
Communication
Strategic Plan Obj./Strategy: (list thespecific objective/strategy this item will address)
X
Sponsor Name Cameron Benson,
City Manager
Department: Community Development
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ALLOCATING FISCAL YEAR 2015-2016 COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) PUBLIC SERVICE FUNDS, IN THE
AMOUNT OF SEVENTEEN THOUSAND SIX HUNDRED DOLLARS ($17,600.00) TO JPM CENTRE AT MIAMI GARDENS DRIVE, INC.; AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE
AND ATTEST, RESPECTIVELY THAT CERTAIN SUBRECIPIENT AGREEMENT FOR THIS PURPOSE, ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Background:
Annually, the City of Miami Gardens sets aside Community Development Block Grant (CDBG) funds for
the provision of public services (also referred to as social services) to Miami Gardens’ residents. U.S.
HUD regulations allows for up to 15% of the City’s annual CDBG allocation to be used for public service
Item J-3) Public Hearing
Resolution
CDBG/JPM Centre at Miami Gardens Drive, Inc.
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
programs. The City’s Department of Community Development makes these funds available to interested
non-profit, community-based organizations applying through a formal Request for Proposal (RFP)
process. For the 2015-16 fiscal year a total of $150,096.00 (15% of annual CDBG allocation) is available in
the Public Services category. This is nearly level funding from last year.
A RFP was made available on April 1, 2015. City staff held two (2) Technical Assistance (TA) Workshops
on March 31, 2015 and April 9, 2015, at which approximately twenty (20) agencies were informed of the
program guidelines and requirements. Additionally, a Pre-Proposal meeting was also held on April 9,
2015 where four (4) agencies attended and were given the opportunity to ask specific questions about
the RFP.
Proposals were due on April 29, 2015 by 4:00 p.m. A total of twelve (12) proposals were submitted.
Eight (8) high scoring agencies are being recommended to Council to receive funding for the 2015-2016
program year. They are as follows:
1.Carrfour Supporting Housing, Inc.$ 9,000.00
2.JPM Centre at Miami Gardens Drive, Inc.$ 17,600.00
3.Kristi House, Inc.$ 15,000.00
4.Mt. Pisgah Seventh Day Adventist Church $ 12,000.00
5.North Dade Youth & Family Coalition $ 10,500.00
6.Prosperity Social & Community Dev. Group, Inc. $ 10,000.00
7.Sunshine for All, Inc.$ 60,000.00
8.Switchboard of Miami $ 15,996.00
$150,096.00
Current Situation:
Below is a summary for each organization and their proposed program:
Carrfour Supportive Housing, Inc. was founded by the Greater Miami Chamber of Commerce in 1993
with a mission to confront homelessness by developing affordable housing and providing supportive
services. They provide an afterschool and mentoring program for 40 formerly homeless families
relocated to Del Prado Gardens, one of Carrfour’s permanent supportive housing developments in
Miami Gardens. Carrfour aftercare/mentoring program offers a comprehensive curriculum that includes
a minimum of five core components; (1) literacy (2) physical activity and fitness (3) social skills – building
(4) family involvement and (5) nutrition. Carrfour services are provided on site at the Del Prado Gardens
daily from 3:30 p.m. to 7:30 p.m. and an all day activity one Saturday a month focusing on enhancing the
community. The program was previously funded at $9,000 in FY 2014-15 and to date has served as many
as 42 youth. Staff is recommending continued funding at an equal level for FY 2015-16.
JPM Center at Miami Gardens Drive, Inc. is a non-profit, faith-based organization located in Miami
Gardens that administers an after school program to low & moderate income youth who live in Miami
Gardens. The program focuses on engaging youth during the after-school hours between 3-6 pm,
Tuesday through Friday. It includes reading literacy, computer skills and athletic activities, as well as
teaching self-esteem, effective communication skills, good decision making techniques, anger
management, conflict resolution and technical skills; all which build strong, solid character and values, as
they become adults. In addition, parents/guardians of participants receive training workshops on
positive parenting styles, discipline techniques and communication styles. The City has funded the
program since 2008, and for FY 2014-15 awarded JPM $14,600 to serve twenty-five (25) youth. The
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Miami Gardens, Florida 33056
students participate in daily reading and math literacy exercises and as a result 83% of students have
shown an improvement in their math skill and 91% have improved their reading skills. Staff is
recommending continued funding of this program.
Kristi House Inc. is a non-profit organization that offers specialized and coordinated services for children
who are victims of sexual abuse. Through the Kristi House program, clients will benefit from a healing
environment for child victims of abuse and their families, regardless of income, through prevention,
treatment and coordination of services with community partners. The City has previously funded this
program in 2014-15 at $12,500, which has served as many as 31 youth and their families at their North
Office, located at 18841 NW 2 Avenue, over the contract period. The case coordinator provides
comprehensive wrap-around services and therapist meet weekly with clients to provide mental health
intervention services. As a result, 93% of cases closed successfully with families meeting the goals
identified in their service plans. Seventy-five percent (75%) reported improved or stable behavioral and
social function for their child. Staff is recommending continued funding of this program.
Mt. Pisgah Seventh-day Adventist Church is a faith-based, non-profit organization that provides
programs that address issues facing low-income families such as food insecurity and sustainability.
Located at 3340-50 NW 215th Street in Miami Gardens, Mt. Pisgah’s Food Pantry has been in operation
since 2005 and is open the 2nd and 4th Wednesday of every month from 2:30 p.m. – 4:30 p.m. In 2014
the Food Pantry distributed over 210,000 pounds of food to 6,320 families with over 27,180 individuals.
In partnership with Feeding South Florida and Farm Share, who provide donated food and recovered
produce for distribution, Mt. Pisgah is on target to serve over 6,500 households with a projected number
of 27,796 persons who are at or below the poverty level in 2015. Without services provided by the food
pantry to seniors, many of the seniors would likely experience hunger resulting in poor health and
malnutrition. The City is currently funding this program at $10,000 which has served 316 low-income
seniors thus far this year. Staff is recommending continued funding at an increased amount of $12,000.
North Dade Youth & Family Coalition (NDYFC) (aka Youth Violence Prevention Coalition) was established
in 2006 following a wave of shooting deaths involving youth. Since its inception NDYFC has been the
community catalyst for intake assessment, information and referrals to residents in need of support
services living in the City of Miami Gardens. Since 2013, NDYFC has served 588 households through care
coordination/wraparound services, community policing and positive youth development activities with
successful results. Previously the City funded NDYFC’s All 4 You Program in FY 2014-15. However this
year NDYFC has proposed a new program, the NDYFC Network, which will provide wraparound care
coordination services to school age youth, ages 5-18, who are identified as at-risk of frequent school
absenses, suspensions from school, failing academically and/or involved in violence and crime at home,
school or in the community, with overall goals to improve academic performance and school
attendance. NDYFC proposes to serve 50 youth throughout the program year.
Prosperity Social & Community Development Group, Inc. (PSCDG) is a non-profit organization founded in
2011 to provide literacy and job readiness skills to women and girls throughout Miami-Dade County.
PSCDG proposes to implement an expanded version of their NOW (Needing Opportunities to Win)
Project to the Miami Gardens community. The program will provide literacy, job training, financial
literacy, career guidance, and support groups to both high school boys and girls, ages 15-21, who are
dropouts, potential dropouts, unemployed, pregnant teens and re-entries from the corrections system.
They will serve 60 youth from the City of Miami Gardens through their partnerships with both Norland
and Miami Carol City Senior High Schools and the Departments of Juvenile Justice and Corrections. Staff
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
is recommending funding of this new organization and program to serve a currently unmet need in the
community.
Sunshine For All, Inc. is a non-profit organization that delivers in-home meals to low & moderate income
seniors and disabled persons who live in Miami Gardens. Eligible meal recipients receive one hot meal
per day, five days a week, Monday through Friday. Meals are selected by a licensed and registered
dietician in order to assure that they meet the recommended dietary allowances. Currently, Sunshine is
serving 54 clients under the FY 2014-2015 contract in the amount of $80,000. City staff is recommending
continued funding of the program but at a reduced amount of $60,000.
Switchboard of Miami, Inc. is a non-profit organization that provides crisis counseling and information
and referral services to Miami-Dade County residents. Switchboard created the Seniors Never Alone
Program (SNAP), a telephone reassurance service to individuals sixty-five (65) years of age or older,
residing in Miami-Dade County, that live alone or are alone for the majority of the day. SNAP provides
in-bound phone coverage 24 hours/7 days a week and out-bound case managed calls to seniors enrolled
in the program. Seniors are assigned a Reassurance Specialist and, at a minimum, receive two (2)
management calls per week. Because Switchboard houses the County’s only comprehensive social
services database, the clients have a built-in resource for additional assistance and referrals. The City is
currently funding this program in the amount of $12,877, serving a total of 66 seniors over the FY 2014-
15 contract period. Staff is recommending continued support at an increased amount of $15,996.
All clients served through these programs are Miami Gardens residents. Contract periods for service for
all the above organizations will begin October 1, 2015 through September 30, 2016. Staff will monitor
each organization throughout the contract period to ensure they comply with all Federal CDBG and City
of Miami Gardens requirements.
A resolution is required in order to allocate CDBG Funds to the above organizations. Subsequent to
Council approval of staff’s recommendation, sub-recipient agreements will be executed between the
City and the above referenced organizations in which the scope of services, performance deliverables,
and funding distribution will be outlined.
Fiscal Impact:
The City FY 2015-16 award of CDBG grant is $1,000,644. Fifteen (15%) percent of this allocation which is
$150,096 is available for Public Services expenses. The above allotment to the various agencies totaled
to the amount that is within the budget in the Public Service category.
Proposed Action:
That the City Council approves the attached resolution.
Attachment:
• Public Services Scores & Summary Table
• Sub-recipient Agreement (FY 2015-2016)
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RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, ALLOCATING FISCAL YEAR 2015-4 2016 COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) 5
PUBLIC SERVICE FUNDS, IN THE AMOUNT OF SEVENTEEN 6
THOUSAND SIX HUNDRED DOLLARS ($17,600.00) TO JPM 7
CENTRE AT MIAMI GARDENS DRIVE, INC.; AUTHORIZING THE 8 CITY MANAGER AND THE CITY CLERK TO EXECUTE AND 9 ATTEST, RESPECTIVELY THAT CERTAIN SUBRECIPIENT 10
AGREEMENT FOR THIS PURPOSE, ATTACHED HERETO AS 11
EXHIBIT A; PROVIDING FOR INSTRUCTIONS TO THE CITY 12
CLERK; PROVIDING FOR THE ADOPTION OF 13 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 14 15
WHEREAS, annually the City makes available Community Development Block 16
Grant (“CDBG”) funds for the provision of public services to Miami Gardens residents, 17
and 18
WHEREAS, these funds are made available to interested non-profit and 19
community based organizations applying through a formal request for a proposal 20
process, and 21
WHEREAS, this year, a total of One Hundred Fifty Thousand Ninety Six Dollars 22
($150,096.00), is available for non-profit organizations under the public service 23
category, and 24
WHEREAS, the City issued a RFP for the 2015-2016 year, Public Service Grant 25
on April 1, 2015, and 26
WHEREAS, a total of twelve (12) proposals were submitted, and 27
WHEREAS, eight (8) of the highest scoring agencies are being recommended to 28
the City Council to receive funding for the 2015-2016 program year, and 29
WHEREAS, JPM Center at Miami Gardens Drive, Inc. is a non-profit, faith-based 30
organization located in Miami Gardens that administers an after school program to low 31
and moderate income youth who reside in the City, and 32
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2
WHEREAS, City staff is recommending funding to JPM Center at Miami Gardens 33
Drive, Inc., in the amount of Seventeen Thousand Six Hundred Dollars ($17,600.00), for 34
the 2015-2016 program year, and 35
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 36
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 37
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 38
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 39
made a specific part of this Resolution. 40
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 41
hereby allocates Fiscal Year 2015-2016 Community Development Block Grant 42
(“CDBG”) Public Service Funds, in the amount of Seventeen Thousand Six Hundred 43
Dollars ($17,600.00) to JPM Centre at Miami Gardens Drive, Inc.; and authorizes the 44
City Manager and the City Clerk to execute and attest, respectively that certain 45
Subrecipient Agreement for this purpose, attached hereto as Exhibit “A”. 46
Section 3: INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 47
authorized to obtain two (2) fully executed copies of the subject Agreement with one to 48
be maintained by the City, and one to be delivered to JPM Center at Miami Gardens 49
Drive, Inc. 50
Section 4: EFFECTIVE DATE: This Resolution shall take effect immediately 51
upon its final passage. 52
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 53
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 54
55
___________________________________ 56
OLIVER GILBERT, III, MAYOR 57
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3
ATTEST: 58
59
60 __________________________________ 61 RONETTA TAYLOR, MMC, CITY CLERK 62
63
64
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 65 66 67
SPONSORED BY: CAMERON D.BENSON, CITY MANAGER 68
69
Moved by: __________________ 70 71 VOTE: _________ 72
73
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 74
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 75 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 76 Councilman David Williams Jr ____ (Yes) ____ (No) 77
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 78
Councilman Rodney Harris ____ (Yes) ____ (No) 79
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 80
81
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1
CITY OF MIAMI GARDENS, FLORIDA
COMMUNITY DEVELOPMENT BLOCK GRANT
PUBLIC SERVICES PROGRAM AGREEMENT
THIS AGREEMENT (hereinafter the “Agreement”) is entered into this 1st day
of October, 2015, between the City of Miami Gardens, a municipal corporation of the State of
Florida (hereinafter referred to as the “CITY”) and _____________________, Inc., a Florida
not for profit corporation (hereinafter referred to as the “SUBRECIPIENT”).
FUNDING SOURCE: Community Development Block Grant Funds
AMOUNT:
TERM OF THE AGREEMENT: October 1, 2015 through September 30, 2016
IDIS NUMBER: (to be completed by the City): ________
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein set
forth, the parties understand and agree as follows:
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 D Certification Regarding Lobbying Form
Exhibit E Certification Regarding Debarment, Suspension and other
Responsibility Matters (Primary Covered Transactions Form).
Exhibit F Crime Entity Affidavit
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2
1.2 DEFINED TERMS. As used herein the following terms shall mean:
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,
designs, electronic tapes, computer drives and
diskettes or surveys.
CDBG Program: Community Development Block Grant Program.
CDBG Requirements: The requirements contained in 24 CFR Part 570,
Rule 9I of the Florida Administrative Code and as
established by the City of Miami Gardens, Florida.
Department: The City of Miami Gardens Department of
Community Development.
Federal Award: Any federal funds received by the SUBRECIPIENT
from any source during the period of time in which
the SUBRECIPIENT is performing the obligations
set forth in this Agreement.
Low-and-Moderate A member of a low- or moderate-income family
Income Person: whose income is within specific income levels set
forth by U.S. HUD.
U.S. HUD or HUD: The United States Department of Housing and
Urban Development.
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3
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 term of this Agreement. These items shall be in sufficient
detail to provide a sound basis for the CITY to effectively monitor performance
by the SUBRECIPIENT under this Agreement.
2.2 The Budget Summary attached hereto as Exhibit C, which shall include: completion of
the SUBRECIPIENT’S Itemized Budget, Cost Allocation, Budget Narrative, Staff
Salaries Schedule and a copy of all subcontracts.
2.3 A list of the SUBRECIPIENT’S present officers and members of the Board (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 A letter accepting the Office of Management and Budget (“OMB”) Circular No.A-87
“Principles for Determining Costs Applicable to Grants and Agreements with State,
Local and Federally recognized Indian Tribal Governments;” OMB Circular No. A-110,
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4
Attachments “A” (Cash Depositories), “B” (Bonding and Insurance), “C” (Retention and
Custodial Requirements for Records), “F” (Standards for Financial Management
Systems), “H” (Monitoring and Reporting Progress Performance), “N” (Property
Management Standards), and “O” (Procurement Standards); OMB Circular Nos. A-122
and A-21: “Cost Principles for Non-Profit Organizations and Cost Principles for
Educational Institutions,” as modified by 24 CFR Section 570.502(a)(b); “Applicability
of Uniform Administrative Requirements” of the CDBG Program Regulations Final Rule
and Lead Based Paint Regulations 24 CFR Part 35.
2.10 Copy of the SUBRECIPIENT’S last federal income tax return (IRS Form 990).
2.11 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.
2.12 ADA Certification.
2.13 Drug Free Certification.
2.14 All other documents reasonably required by the CITY.
ARTICLE III
TERMS AND PROCEDURES
3.1 CITY AUTHORIZATION:
For the purpose of this Agreement, the Department will act on behalf of the CITY in the
fiscal control, programmatic monitoring and modification of this Agreement, except as otherwise
provided in this Agreement.
3.2 EFFECTIVE DATE AND TERM:
This Agreement shall begin on ___October 1, 2015 and end on September 30, 2016__.
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.
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3.4 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, impair 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 Project Sponsor shall be based on
the rates, schedules and conditions described in Exhibit “C” attached hereto, which by this
reference is incorporated into this Agreement.”
4.2 INSURANCE:
At all times during the term hereof, the SUBRECIPIENT shall maintain insurance
acceptable to the CITY. Prior to commencing any activity under this Agreement, the
SUBRECIPIENT shall furnish to the CITY original certificates of insurance indicating that the
SUBRECIPIENT is in compliance with the provisions of this Article.
4.2.1 The SUBRECIPIENT shall provide the following coverage:
(i) Commercial General Liability in an amount not less than
$300,000.00 per occurrence, $1,000,000.00 aggregate, protecting
the CITY and the SUBRECIPIENT against liability incidental to
the use of, or resulting from an accident occurring on or about, its
property.
(ii) Automobile liability for all owned vehicles and for non-owned and
hired automobiles in the amount of $300,000 combined single limit
for bodily and property damage and/or split limits in the amount of
$100,000/$300,000 for bodily injury and $100,000 for property
damage.
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(iii) Workers' compensation insurance as required by the laws of the
State of Florida.
(iv) Sexual Abuse coverage in an amount not less than $1,000,000.00
per occurrence (Only required for those agencies providing
services to and/or working with children under the age of 18.)
4.2.2 All such insurance shall insure the CITY as the primary additional insured. The
SUBRECIPIENT shall be required to furnish evidence of any other insurance
coverage the CITY may reasonably require during the term of this Agreement.
All such policies shall require the insurance carrier to give the CITY at least 30
days prior written notice of termination, cancellation, expiration or modification,
and all such policies shall be written by insurance companies satisfactory to the
CITY.
4.2.3 Crime Policy (Employee Coverage) for all persons handling funds received or
disbursed under this Agreement in an amount equal to or greater than one third
(1/3) the amount of the grant of funds hereunder. The CITY shall be named as
Loss Payee.
4.2.4 Compliance with the foregoing requirements shall not relieve the
SUBRECIPIENT of its liability and obligations under this section or under any
other section of this Agreement.
4.2.5 SUBRECIPIENT shall apply and obtain any other insurance coverage that the
CITY may require for the execution of the Agreement.
4.2.6. SUBRECIPIENT shall indemnify, defend and hold harmless the City and its
officials, employees and agents (collectively referred to as “Indemnities”) and
each of them from and against all loss, costs, penalties, fines, damages, claims,
expenses (including attorney’s fees) or liabilities (collectively referred to as
“Liabilities”) by reason of any injury to or death of any person or damage to or
destruction or loss of any property arising out of, resulting from, or in connection
with (i) the performance or non-performance of the services contemplated by this
Agreement which is caused, in whole or in part, by any act, omission, default or
negligence (whether active or passive) of SUBRECIPIENT or its employees,
agents or subcontractors, or (ii) the failure of the SUBRECIPIENT to comply
with any of the paragraphs herein or the failure of the SUBRECIPIENT to
conform to statutes, ordinances, or other regulations or requirements of any
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governmental authority, federal or state, in connection with the performance of
this Agreement. SUBRECIPIENT expressly agrees to indemnify and hold
harmless the Indemnities, or any of them, from and against all liabilities which
may be asserted by an employee or former employee of SUBRECIPIENT, or any
of its subcontractors, as provided above, for which the SUBRECIPIENT’S
liability to such employee or former employee would otherwise be limited to
payments under state Workers’ Compensation or similar laws.
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 three 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, not to constitute allowable expenditures. Any payments made to the
SUBRECIPIENT are subject to reduction for overpayments on previously submitted invoices.
4.4 RECAPTURE OF FUNDS:
The CITY reserves the right to recapture funds in the event that the SUBRECIPIENT
shall fail: (i) to comply with the terms of this Agreement, or (ii) to accept conditions imposed by
the CITY at the direction of the federal, state and local agencies.
4.5 CONTINGENCY CLAUSE:
Funding pursuant to this Agreement is contingent on the availability of funds and
continued authorization for CDBG Program activities, and is also subject to amendment or
termination due to lack of funds or authorization, reduction of funds, and/or changes in
regulations.
ARTICLE V
AUDIT
5.1 As a necessary part of this Agreement, the SUBRECIPIENT shall adhere to the following
audit requirements:
5.1.1 If the SUBRECIPIENT expends $750,000 or more in the fiscal year in Federal
awards it shall have a single audit or program specific audit conducted for that
year. The audit shall be conducted in accordance with GAGAS and OMB
Circular A-133. The audit shall determine whether the financial statements are
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presented fairly in all material respects in conformity with generally accepted
accounting principles.
In addition to the above requirements, the auditor shall perform procedures to
obtain an understanding of internal controls and perform sufficient testing to
ensure compliance with the procedures. Further the auditor shall determine
whether the SUBRECIPIENT has complied with laws, regulations and the
provisions of this Agreement.
A reporting package shall be submitted within the earlier of 30 days after receipt
of the auditor’s 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 findings; 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 $750,000 in the fiscal year in Federal
awards it is exempted from Federal audit requirements for that year and
consequently the audit cost is not a reimbursable expense. The City, however,
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may request the SUBRECIPIENT to have a limited scope audit for monitoring
purposes. These limited scope audits will be paid for and arranged by the City
and address only one or more of the following types of compliance requirements:
activities allowed or unallowed; allowable costs/cost principles; eligibility;
matching, level of effort, earmarking; and, reporting.
All reports presented to the City shall, where applicable, include sufficient information to
provide a proper perspective for judging the prevalence and consequences of the findings,
such as whether an audit finding represents an isolated instance or a systemic problem.
Where appropriate, instances identified shall be related to the universe and the number of
cases examined and quantified in terms of dollar value.
ARTICLE VI
RECORDS AND REPORTS
6.1 The SUBRECIPIENT shall establish and maintain sufficient records to enable the CITY
to determine whether the SUBRECIPIENT has met the requirements of the CDBG Program.
At a minimum, the following records shall be maintained by the SUBRECIPIENT:
6.1.1 Records providing a full description of each activity assisted (or being assisted)
with CDBG Funds, including its location (if the activity has a geographical locus),
the amount of CDBG Funds budgeted, obligated and expended for the activity,
and the specific provision in 24 CFR Subpart C of the CDBG Program regulations
under which the activity is eligible.
6.1.2 Records demonstrating that each activity undertaken meets one of the criteria set
forth in 24 CFR 570.208 of the CDBG Program regulations. Where information
on income by family size is required, the SUBRECIPIENT may substitute
evidence establishing that the person assisted qualified under another program
having income qualification criteria at least as restrictive as that used in the
definitions of “low- and moderate-income person” and “low- and moderate-
income household” as set forth in 24 CFR 570.3; or, the SUBRECIPIENT may
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
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HUD’s criteria and agrees to maintain documentation 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:
(a) The boundaries of the service area;
(b) The income characteristics of families and unrelated individuals in
the service area; and
(c) If the percent of low- and moderate-income persons in the service
area is less than 51 percent, data showing that the area qualifies
under the exception criteria set forth in 24 CFR 570.208(a)(1)(ii);
(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 elderly persons, severely disabled persons, battered
spouses, abused children, the homeless, illiterate persons, persons
living with AIDS, or migrant farm workers, for which the
regulations provide presumptive benefit to low- and moderate-
income persons; or
(b) Documentation describing how the nature and, if applicable, the
location of the facility or service establishes that it is used
predominantly by low- and moderate-income persons; or
(c) Data showing the size and annual income of the household of each
person receiving the benefit.
6.1.3 Equal Opportunity Records containing:
(i) Data on the extent to which each racial and ethnic group and single-
headed households (by gender of household head) have applied for,
participated in, or benefited from, any program or activity funded in whole
or in part with CDBG Funds. Such information shall be used only as a
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basis for further investigation relating to compliance with any requirement
to attain or maintain any particular statistical measure by race, ethnicity,
disability or gender in covered programs.
(ii) Documentation of actions undertaken to meet the requirements of 24 CFR
570.607(b) which implements Section 3 of the Housing and Urban
Development Act of 1968, as amended (12 U.S.C. 1701U) relative to the
hiring and training of low- and moderate-income persons and the use of
local businesses.
6.1.4 Financial records, in accordance with the applicable requirements listed in 24
CFR 570.502.
6.1.5 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 three (3) years from the expiration/termination of this Agreement (the
“Retention Period”). All books of account and supporting documentation shall be
kept by the SUBRECIPIENT at least until the expiration of the Retention Period.
The SUBRECIPIENT shall maintain records sufficient to meet the requirements
of 24 CFR 570. All records and reports required herein shall be retained and
made accessible as provided thereunder. The SUBRECIPIENT further agrees to
abide by Chapter 119, Florida Statutes, as the same may be amended from time to
time, pertaining to public records.
The SUBRECIPIENT shall ensure that the Agreement Records shall be at all
times subject to and available for full access and review, inspection and audit by
the CITY, federal personnel and any other personnel duly authorized by the
CITY.
6.2.2 The 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
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when services are eligible substantive project and/or programmatic activities and
subject to the audit and record-keeping requirements described in this Agreement
6.2.3 If the CITY or the 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 part of the final
closeout procedure, of the address where all Agreement Records will be retained.
6.2.5 The SUBRECIPIENT shall obtain the prior written consent of the Department to
the disposal of any Agreement Records within one year after the expiration of the
Retention Period.
6.3 PROVISION OF RECORDS:
6.3.1 At any time upon request by the Department, the SUBRECIPIENT shall provide
all Agreement Records to the Department. The requested Agreement Records
shall become the property of the Department without restriction, reservation, or
limitation on their use. The Department shall have unlimited rights to all books,
articles, or other copyrightable materials developed in the performance of this
Agreement. These rights include the right of royalty-free, nonexclusive, and
irrevocable license to reproduce, publish, or otherwise use, and to authorize others
to use the Work Program for public purposes.
6.3.2 If the SUBRECIPIENT receives funds from, or is under regulatory control of,
other governmental agencies, and those agencies issue monitoring reports,
regulatory examinations, or other similar reports, the SUBRECIPIENT shall
provide a copy of each such report and any follow-up communications and reports
to the Department immediately upon such issuance, unless such disclosure would
be prohibited by any such issuing agency.
6.4 MONITORING:
The SUBRECIPIENT shall permit the Department and other persons duly authorized by
the Department to inspect all Agreement Records, facilities, goods, and activities of the
SUBRECIPIENT which are in any way connected to the activities undertaken pursuant to the
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terms of this Agreement, and/or interview any clients, employees, subcontractors or assignees of
the SUBRECIPIENT. Following such inspection or interviews, the Department will deliver to
the SUBRECIPIENT a report of its findings. The SUBRECIPIENT will rectify all deficiencies
cited by the Department within the specified period of time set forth in the report or provide the
Department with a reasonable justification for not correcting the same. The Department will
determine in its sole and absolute discretion whether or not the SUBRECIPIENT’S justification
is acceptable.
At the request of the CITY, the SUBRECIPIENT shall transmit to the CITY written
statements of the SUBRECIPIENT’s official policies on specified issues relating to the
SUBRECIPIENT’s activities. The CITY will carry out monitoring and evaluation activities,
including visits and observations by CITY staff; the SUBRECIPIENT shall ensure the
cooperation of its employees and its Board members in such efforts. Any inconsistent,
incomplete, or inadequate information either received by the CITY or obtained through
monitoring and evaluation by the CITY, shall constitute cause for the CITY to terminate this
Agreement.
6.5 RELATED PARTIES:
The 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 SUBRECIPIENT 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.
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7.3 The SUBRECIPIENT shall comply with all applicable provisions of 24 CFR Part 570
and shall carry out each activity in compliance with all applicable federal laws and regulations
described therein.
7.4 The SUBRECIPIENT shall cooperate with the Department in informing the appropriate
citizen participation structures, including the appropriate area committees, of the activities of the
SUBRECIPIENT in adhering to the provisions of this Agreement. Representatives of the
SUBRECIPIENT shall attend meetings of the appropriate committees and citizen participation
structures upon the request of the citizen participation officers or the Department.
7.5 The SUBRECIPIENT shall, to the greatest possible, give low-and-moderate-income
residents of the service area(s) opportunities for training and employment.
7.6 NON-DISCRIMINATION: The SUBRECIPIENT shall not discriminate on the basis of
race, color, national origin, sex, religion, age, marital or family status or handicap in connection
with the activities and/or the Work Program or its performance under this Agreement.
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.
7.7 The SUBRECIPIENT shall carry out its Work Program in compliance with all federal
laws and regulations, including those described in Subpart K of the CDBG Program regulations
(24 CFR 570.600-612).
7.8 The 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.
7.9 The SUBRECIPIENT shall abide by the Federal Labor Standards provisions of U.S.
HUD Form 4010 incorporated herein as part of this Agreement.
7.10 UNIFORM ADMINISTRATIVE REQUIREMENTS. The SUBRECIPIENT shall
comply with the requirements and standards of OMB Circular No. A-122, “Cost Principles for
Non-Profit Organizations” and with the applicable requirements of 2 CFR Part 200 (the revised
OMB Circular No. A-110).
7.11 RELIGIOUS ORGANIZATIONS/CONSTITUTIONAL PROHIBITION. If the
SUBRECIPIENT is or was created by a religious organization, the SUBRECIPIENT agrees that
all CDBG Funds disbursed under this Agreement shall be subject to the conditions, restrictions,
and limitations of 24 CFR Part 570.200(j).
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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.
7.12 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.
7.13 ENFORCEMENT OF THIS AGREEMENT. Any violation of this Agreement that
remains uncured thirty (30) days after the SUBRECIPIENT’S receipt of notice from the CITY
(by certified or registered mail) of such violation may, at the option of the CITY, be addressed
by an action for damages or equitable relief, or any other remedy provided at law or in equity. In
addition to the remedies of the CITY set forth herein, if the SUBRECIPIENT materially fails to
comply with the terms of this Agreement, the CITY may suspend or terminate this Agreement in
accordance with 2 CFR Part 200.339, as set forth more fully below in Article IX of this
Agreement.
7.14 The SUBRECIPIENT shall not assume the CITY’s environmental responsibilities
described at 24 CFR 570.604 of the CDBG Program regulations nor the CITY’s responsibility
for initiating the review process under Executive Order 12372.
ARTICLE VIII
PROGRAM INCOME
8.1 Program income means gross income received by the SUBRECIPIENT which has been
directly generated from the use of the CDBG Funds. When such income is generated by an
activity that is only partially assisted with the CDBG Funds, the income shall be prorated to
reflect the percentage of CDBG Funds used. Program income generated by CDBG funded
activities shall be used only to undertake those activities specifically approved by the CITY on
and for the Work Program. All provisions of this Agreement shall apply to such activities. Any
program income on hand when this Agreement expires/terminates or received after such
expiration/termination shall be paid to the CITY, as required by 24 CFR 570.503(b)(7) of the
CDBG Program regulations.
The SUBRECIPIENT shall submit to the CITY monthly a Program Income Report and a
Work Program Status Report. The Program Income Report shall identify CDBG activities in
which income was derived and how income has been utilized.
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8.2 REPAYMENTS. Any interest or other return on the investment of the CDBG Funds
shall be remitted to the CITY on a monthly basis. Any CDBG Funds funded to the
SUBRECIPIENT that do not meet the eligibility requirements, as applicable, must be repaid to
the CITY.
ARTICLE IX
REMEDIES, SUSPENSION, TERMINATION
9.1 REMEDIES FOR NONCOMPLIANCE. The CITY retains the right to terminate this
Agreement at any time prior to the completion of the services required pursuant to this
Agreement without penalty to the CITY. In that event, notice of termination of this Agreement
shall be in writing to the SUBRECIPIENT, who shall be paid for those services performed prior
to the date of its receipt to the notice of termination. In no case, however, shall the CITY pay the
SUBRECIPIENT an amount in excess of the total 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 terms 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 SUBRECIPIENT.
9.1.5 Take all such other remedies that may be legally available.
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
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determined by the Department in its sole and absolute discretion, and may
include:
(i) Ineffective or improper use of the CDBG Funds by the SUBRECIPIENT;
(ii) Failure by the SUBRECIPIENT to 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 SUBRECIPIENT in writing of any action taken
pursuant to this Article, by certified mail, return receipt requested, or by in person
delivery with proof of delivery. The notification will include the reason(s) for
such action, any conditions relating to the action taken, and the necessary
corrective action(s).
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 allocated to fund this Agreement, the Department may terminate this
Agreement upon not less than twenty-four (24) hours prior notice in writing to the
SUBRECIPIENT. Said notice shall be delivered by certified mail, return receipt
requested, or by in person delivery with proof of delivery. In the event that the
CITY’S funding source reduces the CITY’S entitlement under the CDBG
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.
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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 terms of any other agreement
or obligation of any kind or nature whatsoever of the SUBRECIPIENT to the
CITY, direct or contingent, whether now or hereafter due, existing, created or
arising.
9.3.3 Unless the SUBRECIPIENT’S breach is waived by the Department in writing, the
Department may, by written notice to the SUBRECIPIENT, terminate this
Agreement upon not less than twenty-four (24) hours prior written notice. Said
notice shall be delivered by certified mail, return receipt requested, or by in
person delivery with proof of delivery. Waiver of breach of any provision of this
Agreement shall not be deemed to be a waiver of any other breach and shall not
be construed to be a modification of the terms of this Agreement. The provisions
hereof are not intended to be, and shall not be, construed to limit the Department’s
right to legal or equitable remedies.
ARTICLE X
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
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
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19
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 without the prior written consent of the CITY.
10.4 AWARD OF AGREEMENT. The SUBRECIPIENT warrants that is 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
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 Gardens (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 Procurement. The SUBRECIPIENT shall comply with the standards contained
within 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
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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 All 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
or by registered mail addressed to the other party at the address indicated herein
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 GARDENS
Laurin Yoder Department of Community Development 18605 N.W. 27th Avenue
Miami Gardens, Florida 33056
SUBRECIPIENT
10.10.2 Title and paragraph headings are for convenient reference and are not a part of
this Agreement.
10.10.3 In the event of conflict between the terms of this Agreement and any terms or
conditions contained in any attached documents, the terms in this Agreement shall
control.
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 phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid,
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21
illegal or otherwise unenforceable under the laws of the State of Florida or the
City of Miami Gardens, such provision, paragraph, sentence, word or phrase shall
be deemed modified to the extent necessary in order to conform with such laws,
or if not modifiable to conform with such laws, then same shall be deemed
severed, and in either event, the remaining terms and provisions of this
Agreement shall remain unmodified and in full force and effect.
10.11 INDEPENDENT CONTRACTOR. THE SUBRECIPIENT and its employees
and agents shall be deemed to be independent contractors and not agents or employees of the
CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances
of the CITY or any rights generally afforded classified or unclassified employees; further, they
shall not be deemed entitled to the Florida Worker’s Compensation benefits as employees of the
CITY.
10.12 SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the
parties hereto, and their respective heirs, executors, legal representatives, successors, and
assigns.
10.13 SUBRECIPIENT CERTIFICATION. The SUBRECIPIENT certifies that it
possesses the legal authority to enter into this Agreement pursuant to authority that has been duly
adopted or passed as an official act of the 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
SUBRECIPIENT to act in connection with this Agreement and to provide such information as
may be required.
10.14 COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAWS. To the extent
required by law, the SUBRECIPIENT shall comply with the public records laws in accordance
with Chapter 119, Florida Statutes. Specifically, the SUBRECIPIENT agrees to comply with
Section 119.0701, Florida Statutes. Public records shall mean all documents, papers, letters,
maps, books, tapes, photographs, films, sound recordings, data processing software, or other
material, regardless of the physical form, characteristics, or means of transmission, made or
received pursuant to law or ordinance or in connection with the transaction of official business
by any agency, as defined in Section 119.011, Florida Statutes, as amended. The City shall make
the sole determination of which records, if any, are exempt from inspection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their
respective officials thereunto duly authorized on the date above written.
SUBRECIPIENT
a Florida not-for-profit corporation
ATTEST:
__________________________________ By:
Corporate Secretary Date Name: Date
Title:
SEAL
CITY OF MIAMI GARDENS, a municipal
Corporation of the State of Florida
ATTEST:
__________________________________ By:
Ronetta Taylor, MMC Date Cameron D. Benson Date
City Clerk City Manager
APPROVED AS TO APPROVED FOR LEGAL
INSURANCE REQUIREMENTS: SUFFICENCY:
___________________________________ Melissa Negron, Director Date Sonja K. Dickens Date
Human Resources/Risk Management City Attorney
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: September 9, 2015 Item Type: (Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact: (Enter X in box)
Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading
X Public Hearing:
(Enter X in box)
Yes No Yes No
X
Funding Source:
Community
Development Block
Grant (CDBG) Fund
Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required: (Enter X in box)
Yes No RFP/RFQ/Bid #: N/A
X
Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational
Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image
Communication
Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X
Sponsor Name
Cameron Benson,
City Manager
Department:
Community Development
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, ALLOCATING FISCAL YEAR 2015-2016
COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) PUBLIC SERVICE FUNDS, IN THE AMOUNT OF FIFTEEN THOUSAND DOLLARS ($15,000.00) TO KRISTI HOUSE, INC.; AUTHORIZING THE
CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST,
RESPECTIVELY THAT CERTAIN SUBRECIPIENT AGREEMENT FOR
THIS PURPOSE, ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE
DATE.
Staff Summary:
Background:
Annually, the City of Miami Gardens sets aside Community Development Block Grant (CDBG) funds for
Item J-4) Public Hearing
Resolution
CDBG/Kristi House
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
the provision of public services (also referred to as social services) to Miami Gardens’ residents. U.S.
HUD regulations allows for up to 15% of the City’s annual CDBG allocation to be used for public service
programs. The City’s Department of Community Development makes these funds available to interested
non-profit, community-based organizations applying through a formal Request for Proposal (RFP)
process. For the 2015-16 fiscal year a total of $150,096.00 (15% of annual CDBG allocation) is available in
the Public Services category. This is nearly level funding from last year.
A RFP was made available on April 1, 2015. City staff held two (2) Technical Assistance (TA) Workshops
on March 31, 2015 and April 9, 2015, at which approximately twenty (20) agencies were informed of the
program guidelines and requirements. Additionally, a Pre-Proposal meeting was also held on April 9,
2015 where four (4) agencies attended and were given the opportunity to ask specific questions about
the RFP.
Proposals were due on April 29, 2015 by 4:00 p.m. A total of twelve (12) proposals were submitted.
Eight (8) high scoring agencies are being recommended to Council to receive funding for the 2015-2016
program year. They are as follows:
1. Carrfour Supporting Housing, Inc. $ 9,000.00
2. JPM Centre at Miami Gardens Drive, Inc. $ 17,600.00
3. Kristi House, Inc. $ 15,000.00
4. Mt. Pisgah Seventh Day Adventist Church $ 12,000.00
5. North Dade Youth & Family Coalition $ 10,500.00
6. Prosperity Social & Community Dev. Group, Inc. $ 10,000.00
7. Sunshine for All, Inc. $ 60,000.00
8. Switchboard of Miami $ 15,996.00
$150,096.00
Current Situation:
Below is a summary for each organization and their proposed program:
Carrfour Supportive Housing, Inc. was founded by the Greater Miami Chamber of Commerce in 1993
with a mission to confront homelessness by developing affordable housing and providing supportive
services. They provide an afterschool and mentoring program for 40 formerly homeless families
relocated to Del Prado Gardens, one of Carrfour’s permanent supportive housing developments in
Miami Gardens. Carrfour aftercare/mentoring program offers a comprehensive curriculum that includes
a minimum of five core components; (1) literacy (2) physical activity and fitness (3) social skills – building
(4) family involvement and (5) nutrition. Carrfour services are provided on site at the Del Prado Gardens
daily from 3:30 p.m. to 7:30 p.m. and an all day activity one Saturday a month focusing on enhancing the
community. The program was previously funded at $9,000 in FY 2014-15 and to date has served as many
as 42 youth. Staff is recommending continued funding at an equal level for FY 2015-16.
JPM Center at Miami Gardens Drive, Inc. is a non-profit, faith-based organization located in Miami
Gardens that administers an after school program to low & moderate income youth who live in Miami
Gardens. The program focuses on engaging youth during the after-school hours between 3-6 pm,
Tuesday through Friday. It includes reading literacy, computer skills and athletic activities, as well as
teaching self-esteem, effective communication skills, good decision making techniques, anger
management, conflict resolution and technical skills; all which build strong, solid character and values, as
they become adults. In addition, parents/guardians of participants receive training workshops on
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Miami Gardens, Florida 33056
positive parenting styles, discipline techniques and communication styles. The City has funded the
program since 2008, and for FY 2014-15 awarded JPM $14,600 to serve twenty-five (25) youth. The
students participate in daily reading and math literacy exercises and as a result 83% of students have
shown an improvement in their math skill and 91% have improved their reading skills. Staff is
recommending continued funding of this program.
Kristi House Inc. is a non-profit organization that offers specialized and coordinated services for children
who are victims of sexual abuse. Through the Kristi House program, clients will benefit from a healing
environment for child victims of abuse and their families, regardless of income, through prevention,
treatment and coordination of services with community partners. The City has previously funded this
program in 2014-15 at $12,500, which has served as many as 31 youth and their families at their North
Office, located at 18841 NW 2 Avenue, over the contract period. The case coordinator provides
comprehensive wrap-around services and therapist meet weekly with clients to provide mental health
intervention services. As a result, 93% of cases closed successfully with families meeting the goals
identified in their service plans. Seventy-five percent (75%) reported improved or stable behavioral and
social function for their child. Staff is recommending continued funding of this program.
Mt. Pisgah Seventh-day Adventist Church is a faith-based, non-profit organization that provides
programs that address issues facing low-income families such as food insecurity and sustainability.
Located at 3340-50 NW 215th Street in Miami Gardens, Mt. Pisgah’s Food Pantry has been in operation
since 2005 and is open the 2nd and 4th Wednesday of every month from 2:30 p.m. – 4:30 p.m. In 2014
the Food Pantry distributed over 210,000 pounds of food to 6,320 families with over 27,180 individuals.
In partnership with Feeding South Florida and Farm Share, who provide donated food and recovered
produce for distribution, Mt. Pisgah is on target to serve over 6,500 households with a projected number
of 27,796 persons who are at or below the poverty level in 2015. Without services provided by the food
pantry to seniors, many of the seniors would likely experience hunger resulting in poor health and
malnutrition. The City is currently funding this program at $10,000 which has served 316 low-income
seniors thus far this year. Staff is recommending continued funding at an increased amount of $12,000.
North Dade Youth & Family Coalition (NDYFC) (aka Youth Violence Prevention Coalition) was established
in 2006 following a wave of shooting deaths involving youth. Since its inception NDYFC has been the
community catalyst for intake assessment, information and referrals to residents in need of support
services living in the City of Miami Gardens. Since 2013, NDYFC has served 588 households through care
coordination/wraparound services, community policing and positive youth development activities with
successful results. Previously the City funded NDYFC’s All 4 You Program in FY 2014-15. However this
year NDYFC has proposed a new program, the NDYFC Network, which will provide wraparound care
coordination services to school age youth, ages 5-18, who are identified as at-risk of frequent school
absenses, suspensions from school, failing academically and/or involved in violence and crime at home,
school or in the community, with overall goals to improve academic performance and school
attendance. NDYFC proposes to serve 50 youth throughout the program year.
Prosperity Social & Community Development Group, Inc. (PSCDG) is a non-profit organization founded in
2011 to provide literacy and job readiness skills to women and girls throughout Miami-Dade County.
PSCDG proposes to implement an expanded version of their NOW (Needing Opportunities to Win)
Project to the Miami Gardens community. The program will provide literacy, job training, financial
literacy, career guidance, and support groups to both high school boys and girls, ages 15-21, who are
dropouts, potential dropouts, unemployed, pregnant teens and re-entries from the corrections system.
They will serve 60 youth from the City of Miami Gardens through their partnerships with both Norland
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and Miami Carol City Senior High Schools and the Departments of Juvenile Justice and Corrections. Staff
is recommending funding of this new organization and program to serve a currently unmet need in the
community.
Sunshine For All, Inc. is a non-profit organization that delivers in-home meals to low & moderate income
seniors and disabled persons who live in Miami Gardens. Eligible meal recipients receive one hot meal
per day, five days a week, Monday through Friday. Meals are selected by a licensed and registered
dietician in order to assure that they meet the recommended dietary allowances. Currently, Sunshine is
serving 54 clients under the FY 2014-2015 contract in the amount of $80,000. City staff is recommending
continued funding of the program but at a reduced amount of $60,000.
Switchboard of Miami, Inc. is a non-profit organization that provides crisis counseling and information
and referral services to Miami-Dade County residents. Switchboard created the Seniors Never Alone
Program (SNAP), a telephone reassurance service to individuals sixty-five (65) years of age or older,
residing in Miami-Dade County, that live alone or are alone for the majority of the day. SNAP provides
in-bound phone coverage 24 hours/7 days a week and out-bound case managed calls to seniors enrolled
in the program. Seniors are assigned a Reassurance Specialist and, at a minimum, receive two (2)
management calls per week. Because Switchboard houses the County’s only comprehensive social
services database, the clients have a built-in resource for additional assistance and referrals. The City is
currently funding this program in the amount of $12,877, serving a total of 66 seniors over the FY 2014-
15 contract period. Staff is recommending continued support at an increased amount of $15,996.
All clients served through these programs are Miami Gardens residents. Contract periods for service for
all the above organizations will begin October 1, 2015 through September 30, 2016. Staff will monitor
each organization throughout the contract period to ensure they comply with all Federal CDBG and City
of Miami Gardens requirements.
A resolution is required in order to allocate CDBG Funds to the above organizations. Subsequent to
Council approval of staff’s recommendation, sub-recipient agreements will be executed between the
City and the above referenced organizations in which the scope of services, performance deliverables,
and funding distribution will be outlined.
Fiscal Impact:
The City FY 2015-16 award of CDBG grant is $1,000,644. Fifteen (15%) percent of this allocation which is
$150,096 is available for Public Services expenses. The above allotment to the various agencies totaled
to the amount that is within the budget in the Public Service category.
Proposed Action:
That the City Council approves the attached resolution.
Attachment:
• Public Services Scores & Summary Table
• Sub-recipient Agreement (FY 2015-2016)
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RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, ALLOCATING FISCAL YEAR 2015-4 2016 COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) 5
PUBLIC SERVICE FUNDS, IN THE AMOUNT OF FIFTEEN 6
THOUSAND DOLLARS ($15,000.00) TO KRISTI HOUSE, INC.; 7
AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO 8 EXECUTE AND ATTEST, RESPECTIVELY THAT CERTAIN 9 SUBRECIPIENT AGREEMENT FOR THIS PURPOSE, 10
ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR 11
INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE 12
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 13 EFFECTIVE DATE. 14 15
WHEREAS, annually the City makes available Community Development Block 16
Grant (“CDBG”) funds for the provision of public services to Miami Gardens residents, 17
and 18
WHEREAS, these funds are made available to interested non-profit and 19
community based organizations applying through a formal request for a proposal 20
process, and 21
WHEREAS, this year, a total of One Hundred Fifty Thousand Ninety Six Dollars 22
($150,096.00), is available for non-profit organizations under the public service 23
category, and 24
WHEREAS, the City issued a RFP for the 2015-2016 year, Public Service Grant 25
on April 1, 2015, and 26
WHEREAS, a total of twelve (12) proposals were submitted, and 27
WHEREAS, eight (8) of the highest scoring agencies are being recommended to 28
the City Council to receive funding for the 2015-2016 program year, and 29
WHEREAS, Kristi House Inc. is a non-profit organization that offers specialized 30
and coordinated services for children who are victims of sexual abuse, and 31
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2
WHEREAS, Kristi House Inc. has served as many as thirty-one (31) clients at its 32
North Office, located in the City of Miami Gardens, and 33
WHEREAS, City staff is recommending funding to Kristi House Inc., in the 34
amount of Twelve Thousand Five Hundred Dollars ($15,000.00), for the 2015-2016 35
program year, 36
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 37
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 38
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 39
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 40
made a specific part of this Resolution. 41
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 42
hereby allocates Fiscal Year 2015-2016 Community Development Block Grant 43
(“CDBG”) Public Service Funds, in the amount of Nine Thousand Dollars ($15,000.00) 44
to Kristi House, Inc.; and authorizes the City Manager and the City Clerk to execute and 45
attest, respectively that certain Subrecipient Agreement for this purpose, attached 46
hereto as Exhibit “A”. 47
Section 3: INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 48
authorized to obtain two (2) fully executed copies of the subject Agreement with one to 49
be maintained by the City, and one to be delivered to Kristi House, Inc. 50
Section 4: EFFECTIVE DATE: This Resolution shall take effect immediately 51
upon its final passage. 52
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 53
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 54
55
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___________________________________ 56
OLIVER GILBERT, III, MAYOR 57
ATTEST: 58 59 60
__________________________________ 61
RONETTA TAYLOR, MMC, CITY CLERK 62
63 64 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 65
66
67
SPONSORED BY: CAMERON D.BENSON, CITY MANAGER 68 69 Moved by: __________________ 70
71
VOTE: _________ 72
73 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 74 Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 75
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 76
Councilman David Williams Jr ____ (Yes) ____ (No) 77
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 78 Councilman Rodney Harris ____ (Yes) ____ (No) 79 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 80
81
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1
CITY OF MIAMI GARDENS, FLORIDA
COMMUNITY DEVELOPMENT BLOCK GRANT
PUBLIC SERVICES PROGRAM AGREEMENT
THIS AGREEMENT (hereinafter the “Agreement”) is entered into this 1st day
of October, 2015, between the City of Miami Gardens, a municipal corporation of the State of
Florida (hereinafter referred to as the “CITY”) and _____________________, Inc., a Florida
not for profit corporation (hereinafter referred to as the “SUBRECIPIENT”).
FUNDING SOURCE: Community Development Block Grant Funds
AMOUNT:
TERM OF THE AGREEMENT: October 1, 2015 through September 30, 2016
IDIS NUMBER: (to be completed by the City): ________
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein set
forth, the parties understand and agree as follows:
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 D Certification Regarding Lobbying Form
Exhibit E Certification Regarding Debarment, Suspension and other
Responsibility Matters (Primary Covered Transactions Form).
Exhibit F Crime Entity Affidavit
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2
1.2 DEFINED TERMS. As used herein the following terms shall mean:
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,
designs, electronic tapes, computer drives and
diskettes or surveys.
CDBG Program: Community Development Block Grant Program.
CDBG Requirements: The requirements contained in 24 CFR Part 570,
Rule 9I of the Florida Administrative Code and as
established by the City of Miami Gardens, Florida.
Department: The City of Miami Gardens Department of
Community Development.
Federal Award: Any federal funds received by the SUBRECIPIENT
from any source during the period of time in which
the SUBRECIPIENT is performing the obligations
set forth in this Agreement.
Low-and-Moderate A member of a low- or moderate-income family
Income Person: whose income is within specific income levels set
forth by U.S. HUD.
U.S. HUD or HUD: The United States Department of Housing and
Urban Development.
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3
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 term of this Agreement. These items shall be in sufficient
detail to provide a sound basis for the CITY to effectively monitor performance
by the SUBRECIPIENT under this Agreement.
2.2 The Budget Summary attached hereto as Exhibit C, which shall include: completion of
the SUBRECIPIENT’S Itemized Budget, Cost Allocation, Budget Narrative, Staff
Salaries Schedule and a copy of all subcontracts.
2.3 A list of the SUBRECIPIENT’S present officers and members of the Board (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 A letter accepting the Office of Management and Budget (“OMB”) Circular No.A-87
“Principles for Determining Costs Applicable to Grants and Agreements with State,
Local and Federally recognized Indian Tribal Governments;” OMB Circular No. A-110,
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4
Attachments “A” (Cash Depositories), “B” (Bonding and Insurance), “C” (Retention and
Custodial Requirements for Records), “F” (Standards for Financial Management
Systems), “H” (Monitoring and Reporting Progress Performance), “N” (Property
Management Standards), and “O” (Procurement Standards); OMB Circular Nos. A-122
and A-21: “Cost Principles for Non-Profit Organizations and Cost Principles for
Educational Institutions,” as modified by 24 CFR Section 570.502(a)(b); “Applicability
of Uniform Administrative Requirements” of the CDBG Program Regulations Final Rule
and Lead Based Paint Regulations 24 CFR Part 35.
2.10 Copy of the SUBRECIPIENT’S last federal income tax return (IRS Form 990).
2.11 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.
2.12 ADA Certification.
2.13 Drug Free Certification.
2.14 All other documents reasonably required by the CITY.
ARTICLE III
TERMS AND PROCEDURES
3.1 CITY AUTHORIZATION:
For the purpose of this Agreement, the Department will act on behalf of the CITY in the
fiscal control, programmatic monitoring and modification of this Agreement, except as otherwise
provided in this Agreement.
3.2 EFFECTIVE DATE AND TERM:
This Agreement shall begin on ___October 1, 2015 and end on September 30, 2016__.
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.
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3.4 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, impair 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 Project Sponsor shall be based on
the rates, schedules and conditions described in Exhibit “C” attached hereto, which by this
reference is incorporated into this Agreement.”
4.2 INSURANCE:
At all times during the term hereof, the SUBRECIPIENT shall maintain insurance
acceptable to the CITY. Prior to commencing any activity under this Agreement, the
SUBRECIPIENT shall furnish to the CITY original certificates of insurance indicating that the
SUBRECIPIENT is in compliance with the provisions of this Article.
4.2.1 The SUBRECIPIENT shall provide the following coverage:
(i) Commercial General Liability in an amount not less than
$300,000.00 per occurrence, $1,000,000.00 aggregate, protecting
the CITY and the SUBRECIPIENT against liability incidental to
the use of, or resulting from an accident occurring on or about, its
property.
(ii) Automobile liability for all owned vehicles and for non-owned and
hired automobiles in the amount of $300,000 combined single limit
for bodily and property damage and/or split limits in the amount of
$100,000/$300,000 for bodily injury and $100,000 for property
damage.
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(iii) Workers' compensation insurance as required by the laws of the
State of Florida.
(iv) Sexual Abuse coverage in an amount not less than $1,000,000.00
per occurrence (Only required for those agencies providing
services to and/or working with children under the age of 18.)
4.2.2 All such insurance shall insure the CITY as the primary additional insured. The
SUBRECIPIENT shall be required to furnish evidence of any other insurance
coverage the CITY may reasonably require during the term of this Agreement.
All such policies shall require the insurance carrier to give the CITY at least 30
days prior written notice of termination, cancellation, expiration or modification,
and all such policies shall be written by insurance companies satisfactory to the
CITY.
4.2.3 Crime Policy (Employee Coverage) for all persons handling funds received or
disbursed under this Agreement in an amount equal to or greater than one third
(1/3) the amount of the grant of funds hereunder. The CITY shall be named as
Loss Payee.
4.2.4 Compliance with the foregoing requirements shall not relieve the
SUBRECIPIENT of its liability and obligations under this section or under any
other section of this Agreement.
4.2.5 SUBRECIPIENT shall apply and obtain any other insurance coverage that the
CITY may require for the execution of the Agreement.
4.2.6. SUBRECIPIENT shall indemnify, defend and hold harmless the City and its
officials, employees and agents (collectively referred to as “Indemnities”) and
each of them from and against all loss, costs, penalties, fines, damages, claims,
expenses (including attorney’s fees) or liabilities (collectively referred to as
“Liabilities”) by reason of any injury to or death of any person or damage to or
destruction or loss of any property arising out of, resulting from, or in connection
with (i) the performance or non-performance of the services contemplated by this
Agreement which is caused, in whole or in part, by any act, omission, default or
negligence (whether active or passive) of SUBRECIPIENT or its employees,
agents or subcontractors, or (ii) the failure of the SUBRECIPIENT to comply
with any of the paragraphs herein or the failure of the SUBRECIPIENT to
conform to statutes, ordinances, or other regulations or requirements of any
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governmental authority, federal or state, in connection with the performance of
this Agreement. SUBRECIPIENT expressly agrees to indemnify and hold
harmless the Indemnities, or any of them, from and against all liabilities which
may be asserted by an employee or former employee of SUBRECIPIENT, or any
of its subcontractors, as provided above, for which the SUBRECIPIENT’S
liability to such employee or former employee would otherwise be limited to
payments under state Workers’ Compensation or similar laws.
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 three 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, not to constitute allowable expenditures. Any payments made to the
SUBRECIPIENT are subject to reduction for overpayments on previously submitted invoices.
4.4 RECAPTURE OF FUNDS:
The CITY reserves the right to recapture funds in the event that the SUBRECIPIENT
shall fail: (i) to comply with the terms of this Agreement, or (ii) to accept conditions imposed by
the CITY at the direction of the federal, state and local agencies.
4.5 CONTINGENCY CLAUSE:
Funding pursuant to this Agreement is contingent on the availability of funds and
continued authorization for CDBG Program activities, and is also subject to amendment or
termination due to lack of funds or authorization, reduction of funds, and/or changes in
regulations.
ARTICLE V
AUDIT
5.1 As a necessary part of this Agreement, the SUBRECIPIENT shall adhere to the following
audit requirements:
5.1.1 If the SUBRECIPIENT expends $750,000 or more in the fiscal year in Federal
awards it shall have a single audit or program specific audit conducted for that
year. The audit shall be conducted in accordance with GAGAS and OMB
Circular A-133. The audit shall determine whether the financial statements are
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presented fairly in all material respects in conformity with generally accepted
accounting principles.
In addition to the above requirements, the auditor shall perform procedures to
obtain an understanding of internal controls and perform sufficient testing to
ensure compliance with the procedures. Further the auditor shall determine
whether the SUBRECIPIENT has complied with laws, regulations and the
provisions of this Agreement.
A reporting package shall be submitted within the earlier of 30 days after receipt
of the auditor’s 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 findings; 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 $750,000 in the fiscal year in Federal
awards it is exempted from Federal audit requirements for that year and
consequently the audit cost is not a reimbursable expense. The City, however,
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may request the SUBRECIPIENT to have a limited scope audit for monitoring
purposes. These limited scope audits will be paid for and arranged by the City
and address only one or more of the following types of compliance requirements:
activities allowed or unallowed; allowable costs/cost principles; eligibility;
matching, level of effort, earmarking; and, reporting.
All reports presented to the City shall, where applicable, include sufficient information to
provide a proper perspective for judging the prevalence and consequences of the findings,
such as whether an audit finding represents an isolated instance or a systemic problem.
Where appropriate, instances identified shall be related to the universe and the number of
cases examined and quantified in terms of dollar value.
ARTICLE VI
RECORDS AND REPORTS
6.1 The SUBRECIPIENT shall establish and maintain sufficient records to enable the CITY
to determine whether the SUBRECIPIENT has met the requirements of the CDBG Program.
At a minimum, the following records shall be maintained by the SUBRECIPIENT:
6.1.1 Records providing a full description of each activity assisted (or being assisted)
with CDBG Funds, including its location (if the activity has a geographical locus),
the amount of CDBG Funds budgeted, obligated and expended for the activity,
and the specific provision in 24 CFR Subpart C of the CDBG Program regulations
under which the activity is eligible.
6.1.2 Records demonstrating that each activity undertaken meets one of the criteria set
forth in 24 CFR 570.208 of the CDBG Program regulations. Where information
on income by family size is required, the SUBRECIPIENT may substitute
evidence establishing that the person assisted qualified under another program
having income qualification criteria at least as restrictive as that used in the
definitions of “low- and moderate-income person” and “low- and moderate-
income household” as set forth in 24 CFR 570.3; or, the SUBRECIPIENT may
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
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HUD’s criteria and agrees to maintain documentation 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:
(a) The boundaries of the service area;
(b) The income characteristics of families and unrelated individuals in
the service area; and
(c) If the percent of low- and moderate-income persons in the service
area is less than 51 percent, data showing that the area qualifies
under the exception criteria set forth in 24 CFR 570.208(a)(1)(ii);
(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 elderly persons, severely disabled persons, battered
spouses, abused children, the homeless, illiterate persons, persons
living with AIDS, or migrant farm workers, for which the
regulations provide presumptive benefit to low- and moderate-
income persons; or
(b) Documentation describing how the nature and, if applicable, the
location of the facility or service establishes that it is used
predominantly by low- and moderate-income persons; or
(c) Data showing the size and annual income of the household of each
person receiving the benefit.
6.1.3 Equal Opportunity Records containing:
(i) Data on the extent to which each racial and ethnic group and single-
headed households (by gender of household head) have applied for,
participated in, or benefited from, any program or activity funded in whole
or in part with CDBG Funds. Such information shall be used only as a
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basis for further investigation relating to compliance with any requirement
to attain or maintain any particular statistical measure by race, ethnicity,
disability or gender in covered programs.
(ii) Documentation of actions undertaken to meet the requirements of 24 CFR
570.607(b) which implements Section 3 of the Housing and Urban
Development Act of 1968, as amended (12 U.S.C. 1701U) relative to the
hiring and training of low- and moderate-income persons and the use of
local businesses.
6.1.4 Financial records, in accordance with the applicable requirements listed in 24
CFR 570.502.
6.1.5 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 three (3) years from the expiration/termination of this Agreement (the
“Retention Period”). All books of account and supporting documentation shall be
kept by the SUBRECIPIENT at least until the expiration of the Retention Period.
The SUBRECIPIENT shall maintain records sufficient to meet the requirements
of 24 CFR 570. All records and reports required herein shall be retained and
made accessible as provided thereunder. The SUBRECIPIENT further agrees to
abide by Chapter 119, Florida Statutes, as the same may be amended from time to
time, pertaining to public records.
The SUBRECIPIENT shall ensure that the Agreement Records shall be at all
times subject to and available for full access and review, inspection and audit by
the CITY, federal personnel and any other personnel duly authorized by the
CITY.
6.2.2 The 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
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when services are eligible substantive project and/or programmatic activities and
subject to the audit and record-keeping requirements described in this Agreement
6.2.3 If the CITY or the 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 part of the final
closeout procedure, of the address where all Agreement Records will be retained.
6.2.5 The SUBRECIPIENT shall obtain the prior written consent of the Department to
the disposal of any Agreement Records within one year after the expiration of the
Retention Period.
6.3 PROVISION OF RECORDS:
6.3.1 At any time upon request by the Department, the SUBRECIPIENT shall provide
all Agreement Records to the Department. The requested Agreement Records
shall become the property of the Department without restriction, reservation, or
limitation on their use. The Department shall have unlimited rights to all books,
articles, or other copyrightable materials developed in the performance of this
Agreement. These rights include the right of royalty-free, nonexclusive, and
irrevocable license to reproduce, publish, or otherwise use, and to authorize others
to use the Work Program for public purposes.
6.3.2 If the SUBRECIPIENT receives funds from, or is under regulatory control of,
other governmental agencies, and those agencies issue monitoring reports,
regulatory examinations, or other similar reports, the SUBRECIPIENT shall
provide a copy of each such report and any follow-up communications and reports
to the Department immediately upon such issuance, unless such disclosure would
be prohibited by any such issuing agency.
6.4 MONITORING:
The SUBRECIPIENT shall permit the Department and other persons duly authorized by
the Department to inspect all Agreement Records, facilities, goods, and activities of the
SUBRECIPIENT which are in any way connected to the activities undertaken pursuant to the
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terms of this Agreement, and/or interview any clients, employees, subcontractors or assignees of
the SUBRECIPIENT. Following such inspection or interviews, the Department will deliver to
the SUBRECIPIENT a report of its findings. The SUBRECIPIENT will rectify all deficiencies
cited by the Department within the specified period of time set forth in the report or provide the
Department with a reasonable justification for not correcting the same. The Department will
determine in its sole and absolute discretion whether or not the SUBRECIPIENT’S justification
is acceptable.
At the request of the CITY, the SUBRECIPIENT shall transmit to the CITY written
statements of the SUBRECIPIENT’s official policies on specified issues relating to the
SUBRECIPIENT’s activities. The CITY will carry out monitoring and evaluation activities,
including visits and observations by CITY staff; the SUBRECIPIENT shall ensure the
cooperation of its employees and its Board members in such efforts. Any inconsistent,
incomplete, or inadequate information either received by the CITY or obtained through
monitoring and evaluation by the CITY, shall constitute cause for the CITY to terminate this
Agreement.
6.5 RELATED PARTIES:
The 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 SUBRECIPIENT 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.
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7.3 The SUBRECIPIENT shall comply with all applicable provisions of 24 CFR Part 570
and shall carry out each activity in compliance with all applicable federal laws and regulations
described therein.
7.4 The SUBRECIPIENT shall cooperate with the Department in informing the appropriate
citizen participation structures, including the appropriate area committees, of the activities of the
SUBRECIPIENT in adhering to the provisions of this Agreement. Representatives of the
SUBRECIPIENT shall attend meetings of the appropriate committees and citizen participation
structures upon the request of the citizen participation officers or the Department.
7.5 The SUBRECIPIENT shall, to the greatest possible, give low-and-moderate-income
residents of the service area(s) opportunities for training and employment.
7.6 NON-DISCRIMINATION: The SUBRECIPIENT shall not discriminate on the basis of
race, color, national origin, sex, religion, age, marital or family status or handicap in connection
with the activities and/or the Work Program or its performance under this Agreement.
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.
7.7 The SUBRECIPIENT shall carry out its Work Program in compliance with all federal
laws and regulations, including those described in Subpart K of the CDBG Program regulations
(24 CFR 570.600-612).
7.8 The 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.
7.9 The SUBRECIPIENT shall abide by the Federal Labor Standards provisions of U.S.
HUD Form 4010 incorporated herein as part of this Agreement.
7.10 UNIFORM ADMINISTRATIVE REQUIREMENTS. The SUBRECIPIENT shall
comply with the requirements and standards of OMB Circular No. A-122, “Cost Principles for
Non-Profit Organizations” and with the applicable requirements of 2 CFR Part 200 (the revised
OMB Circular No. A-110).
7.11 RELIGIOUS ORGANIZATIONS/CONSTITUTIONAL PROHIBITION. If the
SUBRECIPIENT is or was created by a religious organization, the SUBRECIPIENT agrees that
all CDBG Funds disbursed under this Agreement shall be subject to the conditions, restrictions,
and limitations of 24 CFR Part 570.200(j).
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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.
7.12 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.
7.13 ENFORCEMENT OF THIS AGREEMENT. Any violation of this Agreement that
remains uncured thirty (30) days after the SUBRECIPIENT’S receipt of notice from the CITY
(by certified or registered mail) of such violation may, at the option of the CITY, be addressed
by an action for damages or equitable relief, or any other remedy provided at law or in equity. In
addition to the remedies of the CITY set forth herein, if the SUBRECIPIENT materially fails to
comply with the terms of this Agreement, the CITY may suspend or terminate this Agreement in
accordance with 2 CFR Part 200.339, as set forth more fully below in Article IX of this
Agreement.
7.14 The SUBRECIPIENT shall not assume the CITY’s environmental responsibilities
described at 24 CFR 570.604 of the CDBG Program regulations nor the CITY’s responsibility
for initiating the review process under Executive Order 12372.
ARTICLE VIII
PROGRAM INCOME
8.1 Program income means gross income received by the SUBRECIPIENT which has been
directly generated from the use of the CDBG Funds. When such income is generated by an
activity that is only partially assisted with the CDBG Funds, the income shall be prorated to
reflect the percentage of CDBG Funds used. Program income generated by CDBG funded
activities shall be used only to undertake those activities specifically approved by the CITY on
and for the Work Program. All provisions of this Agreement shall apply to such activities. Any
program income on hand when this Agreement expires/terminates or received after such
expiration/termination shall be paid to the CITY, as required by 24 CFR 570.503(b)(7) of the
CDBG Program regulations.
The SUBRECIPIENT shall submit to the CITY monthly a Program Income Report and a
Work Program Status Report. The Program Income Report shall identify CDBG activities in
which income was derived and how income has been utilized.
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8.2 REPAYMENTS. Any interest or other return on the investment of the CDBG Funds
shall be remitted to the CITY on a monthly basis. Any CDBG Funds funded to the
SUBRECIPIENT that do not meet the eligibility requirements, as applicable, must be repaid to
the CITY.
ARTICLE IX
REMEDIES, SUSPENSION, TERMINATION
9.1 REMEDIES FOR NONCOMPLIANCE. The CITY retains the right to terminate this
Agreement at any time prior to the completion of the services required pursuant to this
Agreement without penalty to the CITY. In that event, notice of termination of this Agreement
shall be in writing to the SUBRECIPIENT, who shall be paid for those services performed prior
to the date of its receipt to the notice of termination. In no case, however, shall the CITY pay the
SUBRECIPIENT an amount in excess of the total 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 terms 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 SUBRECIPIENT.
9.1.5 Take all such other remedies that may be legally available.
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
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determined by the Department in its sole and absolute discretion, and may
include:
(i) Ineffective or improper use of the CDBG Funds by the SUBRECIPIENT;
(ii) Failure by the SUBRECIPIENT to 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 SUBRECIPIENT in writing of any action taken
pursuant to this Article, by certified mail, return receipt requested, or by in person
delivery with proof of delivery. The notification will include the reason(s) for
such action, any conditions relating to the action taken, and the necessary
corrective action(s).
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 allocated to fund this Agreement, the Department may terminate this
Agreement upon not less than twenty-four (24) hours prior notice in writing to the
SUBRECIPIENT. Said notice shall be delivered by certified mail, return receipt
requested, or by in person delivery with proof of delivery. In the event that the
CITY’S funding source reduces the CITY’S entitlement under the CDBG
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.
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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 terms of any other agreement
or obligation of any kind or nature whatsoever of the SUBRECIPIENT to the
CITY, direct or contingent, whether now or hereafter due, existing, created or
arising.
9.3.3 Unless the SUBRECIPIENT’S breach is waived by the Department in writing, the
Department may, by written notice to the SUBRECIPIENT, terminate this
Agreement upon not less than twenty-four (24) hours prior written notice. Said
notice shall be delivered by certified mail, return receipt requested, or by in
person delivery with proof of delivery. Waiver of breach of any provision of this
Agreement shall not be deemed to be a waiver of any other breach and shall not
be construed to be a modification of the terms of this Agreement. The provisions
hereof are not intended to be, and shall not be, construed to limit the Department’s
right to legal or equitable remedies.
ARTICLE X
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
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
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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 without the prior written consent of the CITY.
10.4 AWARD OF AGREEMENT. The SUBRECIPIENT warrants that is 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
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 Gardens (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 Procurement. The SUBRECIPIENT shall comply with the standards contained
within 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
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20
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 All 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
or by registered mail addressed to the other party at the address indicated herein
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 GARDENS
Laurin Yoder Department of Community Development 18605 N.W. 27th Avenue
Miami Gardens, Florida 33056
SUBRECIPIENT
10.10.2 Title and paragraph headings are for convenient reference and are not a part of
this Agreement.
10.10.3 In the event of conflict between the terms of this Agreement and any terms or
conditions contained in any attached documents, the terms in this Agreement shall
control.
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 phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid,
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21
illegal or otherwise unenforceable under the laws of the State of Florida or the
City of Miami Gardens, such provision, paragraph, sentence, word or phrase shall
be deemed modified to the extent necessary in order to conform with such laws,
or if not modifiable to conform with such laws, then same shall be deemed
severed, and in either event, the remaining terms and provisions of this
Agreement shall remain unmodified and in full force and effect.
10.11 INDEPENDENT CONTRACTOR. THE SUBRECIPIENT and its employees
and agents shall be deemed to be independent contractors and not agents or employees of the
CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances
of the CITY or any rights generally afforded classified or unclassified employees; further, they
shall not be deemed entitled to the Florida Worker’s Compensation benefits as employees of the
CITY.
10.12 SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the
parties hereto, and their respective heirs, executors, legal representatives, successors, and
assigns.
10.13 SUBRECIPIENT CERTIFICATION. The SUBRECIPIENT certifies that it
possesses the legal authority to enter into this Agreement pursuant to authority that has been duly
adopted or passed as an official act of the 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
SUBRECIPIENT to act in connection with this Agreement and to provide such information as
may be required.
10.14 COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAWS. To the extent
required by law, the SUBRECIPIENT shall comply with the public records laws in accordance
with Chapter 119, Florida Statutes. Specifically, the SUBRECIPIENT agrees to comply with
Section 119.0701, Florida Statutes. Public records shall mean all documents, papers, letters,
maps, books, tapes, photographs, films, sound recordings, data processing software, or other
material, regardless of the physical form, characteristics, or means of transmission, made or
received pursuant to law or ordinance or in connection with the transaction of official business
by any agency, as defined in Section 119.011, Florida Statutes, as amended. The City shall make
the sole determination of which records, if any, are exempt from inspection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their
respective officials thereunto duly authorized on the date above written.
SUBRECIPIENT
a Florida not-for-profit corporation
ATTEST:
__________________________________ By:
Corporate Secretary Date Name: Date
Title:
SEAL
CITY OF MIAMI GARDENS, a municipal
Corporation of the State of Florida
ATTEST:
__________________________________ By:
Ronetta Taylor, MMC Date Cameron D. Benson Date
City Clerk City Manager
APPROVED AS TO APPROVED FOR LEGAL
INSURANCE REQUIREMENTS: SUFFICENCY:
___________________________________ Melissa Negron, Director Date Sonja K. Dickens Date
Human Resources/Risk Management City Attorney
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: September 9, 2015 Item Type: (Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact: (Enter X in box)
Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading
X Public Hearing:
(Enter X in box)
Yes No Yes No
X
Funding Source:
Community
Development Block
Grant (CDBG) Fund
Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required: (Enter X in box)
Yes No RFP/RFQ/Bid #: N/A
X
Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational
Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image
Communication
Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X
Sponsor Name
Cameron Benson,
City Manager
Department:
Community Development
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, ALLOCATING FISCAL YEAR 2015-2016
COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) PUBLIC SERVICE FUNDS, IN THE AMOUNT OF TWELVE THOUSAND DOLLARS ($12,000.00) TO MT. PISGAH SEVENTH DAY ADVENTIST
CHURCH; AUTHORIZING THE CITY MANAGER AND THE CITY CLERK
TO EXECUTE AND ATTEST, RESPECTIVELY THAT CERTAIN
SUBRECIPIENT AGREEMENT FOR THIS PURPOSE, ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Background:
Annually, the City of Miami Gardens sets aside Community Development Block Grant (CDBG) funds for
Item J-5) Public Hearing
Resolution
CDBG/Mt. Pisgah Seventh Day Adventist Church
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
the provision of public services (also referred to as social services) to Miami Gardens’ residents. U.S.
HUD regulations allows for up to 15% of the City’s annual CDBG allocation to be used for public service
programs. The City’s Department of Community Development makes these funds available to interested
non-profit, community-based organizations applying through a formal Request for Proposal (RFP)
process. For the 2015-16 fiscal year a total of $150,096.00 (15% of annual CDBG allocation) is available in
the Public Services category. This is nearly level funding from last year.
A RFP was made available on April 1, 2015. City staff held two (2) Technical Assistance (TA) Workshops
on March 31, 2015 and April 9, 2015, at which approximately twenty (20) agencies were informed of the
program guidelines and requirements. Additionally, a Pre-Proposal meeting was also held on April 9,
2015 where four (4) agencies attended and were given the opportunity to ask specific questions about
the RFP.
Proposals were due on April 29, 2015 by 4:00 p.m. A total of twelve (12) proposals were submitted.
Eight (8) high scoring agencies are being recommended to Council to receive funding for the 2015-2016
program year. They are as follows:
1. Carrfour Supporting Housing, Inc. $ 9,000.00
2. JPM Centre at Miami Gardens Drive, Inc. $ 17,600.00
3. Kristi House, Inc. $ 15,000.00
4. Mt. Pisgah Seventh Day Adventist Church $ 12,000.00
5. North Dade Youth & Family Coalition $ 10,500.00
6. Prosperity Social & Community Dev. Group, Inc. $ 10,000.00
7. Sunshine for All, Inc. $ 60,000.00
8. Switchboard of Miami $ 15,996.00
$150,096.00
Current Situation:
Below is a summary for each organization and their proposed program:
Carrfour Supportive Housing, Inc. was founded by the Greater Miami Chamber of Commerce in 1993
with a mission to confront homelessness by developing affordable housing and providing supportive
services. They provide an afterschool and mentoring program for 40 formerly homeless families
relocated to Del Prado Gardens, one of Carrfour’s permanent supportive housing developments in
Miami Gardens. Carrfour aftercare/mentoring program offers a comprehensive curriculum that includes
a minimum of five core components; (1) literacy (2) physical activity and fitness (3) social skills – building
(4) family involvement and (5) nutrition. Carrfour services are provided on site at the Del Prado Gardens
daily from 3:30 p.m. to 7:30 p.m. and an all day activity one Saturday a month focusing on enhancing the
community. The program was previously funded at $9,000 in FY 2014-15 and to date has served as many
as 42 youth. Staff is recommending continued funding at an equal level for FY 2015-16.
JPM Center at Miami Gardens Drive, Inc. is a non-profit, faith-based organization located in Miami
Gardens that administers an after school program to low & moderate income youth who live in Miami
Gardens. The program focuses on engaging youth during the after-school hours between 3-6 pm,
Tuesday through Friday. It includes reading literacy, computer skills and athletic activities, as well as
teaching self-esteem, effective communication skills, good decision making techniques, anger
management, conflict resolution and technical skills; all which build strong, solid character and values, as
they become adults. In addition, parents/guardians of participants receive training workshops on
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Miami Gardens, Florida 33056
positive parenting styles, discipline techniques and communication styles. The City has funded the
program since 2008, and for FY 2014-15 awarded JPM $14,600 to serve twenty-five (25) youth. The
students participate in daily reading and math literacy exercises and as a result 83% of students have
shown an improvement in their math skill and 91% have improved their reading skills. Staff is
recommending continued funding of this program.
Kristi House Inc. is a non-profit organization that offers specialized and coordinated services for children
who are victims of sexual abuse. Through the Kristi House program, clients will benefit from a healing
environment for child victims of abuse and their families, regardless of income, through prevention,
treatment and coordination of services with community partners. The City has previously funded this
program in 2014-15 at $12,500, which has served as many as 31 youth and their families at their North
Office, located at 18841 NW 2 Avenue, over the contract period. The case coordinator provides
comprehensive wrap-around services and therapist meet weekly with clients to provide mental health
intervention services. As a result, 93% of cases closed successfully with families meeting the goals
identified in their service plans. Seventy-five percent (75%) reported improved or stable behavioral and
social function for their child. Staff is recommending continued funding of this program.
Mt. Pisgah Seventh-day Adventist Church is a faith-based, non-profit organization that provides
programs that address issues facing low-income families such as food insecurity and sustainability.
Located at 3340-50 NW 215th Street in Miami Gardens, Mt. Pisgah’s Food Pantry has been in operation
since 2005 and is open the 2nd and 4th Wednesday of every month from 2:30 p.m. – 4:30 p.m. In 2014
the Food Pantry distributed over 210,000 pounds of food to 6,320 families with over 27,180 individuals.
In partnership with Feeding South Florida and Farm Share, who provide donated food and recovered
produce for distribution, Mt. Pisgah is on target to serve over 6,500 households with a projected number
of 27,796 persons who are at or below the poverty level in 2015. Without services provided by the food
pantry to seniors, many of the seniors would likely experience hunger resulting in poor health and
malnutrition. The City is currently funding this program at $10,000 which has served 316 low-income
seniors thus far this year. Staff is recommending continued funding at an increased amount of $12,000.
North Dade Youth & Family Coalition (NDYFC) (aka Youth Violence Prevention Coalition) was established
in 2006 following a wave of shooting deaths involving youth. Since its inception NDYFC has been the
community catalyst for intake assessment, information and referrals to residents in need of support
services living in the City of Miami Gardens. Since 2013, NDYFC has served 588 households through care
coordination/wraparound services, community policing and positive youth development activities with
successful results. Previously the City funded NDYFC’s All 4 You Program in FY 2014-15. However this
year NDYFC has proposed a new program, the NDYFC Network, which will provide wraparound care
coordination services to school age youth, ages 5-18, who are identified as at-risk of frequent school
absenses, suspensions from school, failing academically and/or involved in violence and crime at home,
school or in the community, with overall goals to improve academic performance and school
attendance. NDYFC proposes to serve 50 youth throughout the program year.
Prosperity Social & Community Development Group, Inc. (PSCDG) is a non-profit organization founded in
2011 to provide literacy and job readiness skills to women and girls throughout Miami-Dade County.
PSCDG proposes to implement an expanded version of their NOW (Needing Opportunities to Win)
Project to the Miami Gardens community. The program will provide literacy, job training, financial
literacy, career guidance, and support groups to both high school boys and girls, ages 15-21, who are
dropouts, potential dropouts, unemployed, pregnant teens and re-entries from the corrections system.
They will serve 60 youth from the City of Miami Gardens through their partnerships with both Norland
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and Miami Carol City Senior High Schools and the Departments of Juvenile Justice and Corrections. Staff
is recommending funding of this new organization and program to serve a currently unmet need in the
community.
Sunshine For All, Inc. is a non-profit organization that delivers in-home meals to low & moderate income
seniors and disabled persons who live in Miami Gardens. Eligible meal recipients receive one hot meal
per day, five days a week, Monday through Friday. Meals are selected by a licensed and registered
dietician in order to assure that they meet the recommended dietary allowances. Currently, Sunshine is
serving 54 clients under the FY 2014-2015 contract in the amount of $80,000. City staff is recommending
continued funding of the program but at a reduced amount of $60,000.
Switchboard of Miami, Inc. is a non-profit organization that provides crisis counseling and information
and referral services to Miami-Dade County residents. Switchboard created the Seniors Never Alone
Program (SNAP), a telephone reassurance service to individuals sixty-five (65) years of age or older,
residing in Miami-Dade County, that live alone or are alone for the majority of the day. SNAP provides
in-bound phone coverage 24 hours/7 days a week and out-bound case managed calls to seniors enrolled
in the program. Seniors are assigned a Reassurance Specialist and, at a minimum, receive two (2)
management calls per week. Because Switchboard houses the County’s only comprehensive social
services database, the clients have a built-in resource for additional assistance and referrals. The City is
currently funding this program in the amount of $12,877, serving a total of 66 seniors over the FY 2014-
15 contract period. Staff is recommending continued support at an increased amount of $15,996.
All clients served through these programs are Miami Gardens residents. Contract periods for service for
all the above organizations will begin October 1, 2015 through September 30, 2016. Staff will monitor
each organization throughout the contract period to ensure they comply with all Federal CDBG and City
of Miami Gardens requirements.
A resolution is required in order to allocate CDBG Funds to the above organizations. Subsequent to
Council approval of staff’s recommendation, sub-recipient agreements will be executed between the
City and the above referenced organizations in which the scope of services, performance deliverables,
and funding distribution will be outlined.
Fiscal Impact:
The City FY 2015-16 award of CDBG grant is $1,000,644. Fifteen (15%) percent of this allocation which is
$150,096 is available for Public Services expenses. The above allotment to the various agencies totaled
to the amount that is within the budget in the Public Service category.
Proposed Action:
That the City Council approves the attached resolution.
Attachment:
• Public Services Scores & Summary Table
• Sub-recipient Agreement (FY 2015-2016)
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RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, ALLOCATING FISCAL YEAR 2015-4 2016 COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) 5
PUBLIC SERVICE FUNDS, IN THE AMOUNT OF TWELVE 6
THOUSAND DOLLARS ($12,000.00) TO MT. PISGAH SEVENTH 7
DAY ADVENTIST CHURCH; AUTHORIZING THE CITY 8 MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, 9 RESPECTIVELY THAT CERTAIN SUBRECIPIENT AGREEMENT 10
FOR THIS PURPOSE, ATTACHED HERETO AS EXHIBIT A; 11
PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; 12
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 13 PROVIDING FOR AN EFFECTIVE DATE. 14 15
WHEREAS, annually the City makes available Community Development Block 16
Grant (“CDBG”) funds for the provision of public services to Miami Gardens residents, 17
and 18
WHEREAS, these funds are made available to interested non-profit and 19
community based organizations applying through a formal request for a proposal 20
process, and 21
WHEREAS, this year, a total of One Hundred Fifty Thousand Ninety Six Dollars 22
($150,096.00), is available for non-profit organizations under the public service 23
category, and 24
WHEREAS, the City issued a RFP for the 2015-2016 year, Public Service Grant 25
on April 1, 2015, and 26
WHEREAS, a total of twelve (12) proposals were submitted, and 27
WHEREAS, eight (8) of the highest scoring agencies are being recommended to 28
the City Council to receive funding for the 2015-2016 program year, and 29
WHEREAS, Mt. Pisgah Seventh Day Adventist Church is a faith-based, non-30
profit organization that provides programming to address issues facing low-income 31
families such as food insecurity and sustainability, and 32
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2
WHEREAS, Mt. Pisgah operates a food pantry in the City, and 33
WHEREAS, City staff is recommending funding to Mt. Pisgah Seventh Day 34
Adventist Church, in the amount of Nine Thousand Five Hundred Dollars ($12,000.00), 35
for the 2015-2016 program year, 36
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 37
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 38
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 39
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 40
made a specific part of this Resolution. 41
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 42
hereby allocates Fiscal Year 2015-2016 Community Development Block Grant 43
(“CDBG”) Public Service Funds, in the amount of Twelve Thousand Dollars 44
($12,000.00) to Mt. Pisgah Seventh Day Adventist Church; and authorizes the City 45
Manager and the City Clerk to execute and attest, respectively that certain Subrecipient 46
Agreement for this purpose, attached hereto as Exhibit “A”. 47
Section 3: INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 48
authorized to obtain two (2) fully executed copies of the subject Agreement with one to 49
be maintained by the City, and one to be delivered to Mt. Pisgah Seventh Day Adventist 50
Church. 51
Section 4: EFFECTIVE DATE: This Resolution shall take effect immediately 52
upon its final passage. 53
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 54
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 55
56
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3
___________________________________ 57
OLIVER GILBERT, III, MAYOR 58
59 60 ATTEST: 61
62
63
__________________________________ 64 RONETTA TAYLOR, MMC, CITY CLERK 65 66
67
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 68
69 70 SPONSORED BY: CAMERON D.BENSON, CITY MANAGER 71
72
Moved by: __________________ 73
74 VOTE: _________ 75 76
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 77
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 78
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 79 Councilman David Williams Jr ____ (Yes) ____ (No) 80 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 81
Councilman Rodney Harris ____ (Yes) ____ (No) 82
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 83
84
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1
CITY OF MIAMI GARDENS, FLORIDA
COMMUNITY DEVELOPMENT BLOCK GRANT
PUBLIC SERVICES PROGRAM AGREEMENT
THIS AGREEMENT (hereinafter the “Agreement”) is entered into this 1st day
of October, 2015, between the City of Miami Gardens, a municipal corporation of the State of
Florida (hereinafter referred to as the “CITY”) and _____________________, Inc., a Florida
not for profit corporation (hereinafter referred to as the “SUBRECIPIENT”).
FUNDING SOURCE: Community Development Block Grant Funds
AMOUNT:
TERM OF THE AGREEMENT: October 1, 2015 through September 30, 2016
IDIS NUMBER: (to be completed by the City): ________
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein set
forth, the parties understand and agree as follows:
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 D Certification Regarding Lobbying Form
Exhibit E Certification Regarding Debarment, Suspension and other
Responsibility Matters (Primary Covered Transactions Form).
Exhibit F Crime Entity Affidavit
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2
1.2 DEFINED TERMS. As used herein the following terms shall mean:
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,
designs, electronic tapes, computer drives and
diskettes or surveys.
CDBG Program: Community Development Block Grant Program.
CDBG Requirements: The requirements contained in 24 CFR Part 570,
Rule 9I of the Florida Administrative Code and as
established by the City of Miami Gardens, Florida.
Department: The City of Miami Gardens Department of
Community Development.
Federal Award: Any federal funds received by the SUBRECIPIENT
from any source during the period of time in which
the SUBRECIPIENT is performing the obligations
set forth in this Agreement.
Low-and-Moderate A member of a low- or moderate-income family
Income Person: whose income is within specific income levels set
forth by U.S. HUD.
U.S. HUD or HUD: The United States Department of Housing and
Urban Development.
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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 term of this Agreement. These items shall be in sufficient
detail to provide a sound basis for the CITY to effectively monitor performance
by the SUBRECIPIENT under this Agreement.
2.2 The Budget Summary attached hereto as Exhibit C, which shall include: completion of
the SUBRECIPIENT’S Itemized Budget, Cost Allocation, Budget Narrative, Staff
Salaries Schedule and a copy of all subcontracts.
2.3 A list of the SUBRECIPIENT’S present officers and members of the Board (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 A letter accepting the Office of Management and Budget (“OMB”) Circular No.A-87
“Principles for Determining Costs Applicable to Grants and Agreements with State,
Local and Federally recognized Indian Tribal Governments;” OMB Circular No. A-110,
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4
Attachments “A” (Cash Depositories), “B” (Bonding and Insurance), “C” (Retention and
Custodial Requirements for Records), “F” (Standards for Financial Management
Systems), “H” (Monitoring and Reporting Progress Performance), “N” (Property
Management Standards), and “O” (Procurement Standards); OMB Circular Nos. A-122
and A-21: “Cost Principles for Non-Profit Organizations and Cost Principles for
Educational Institutions,” as modified by 24 CFR Section 570.502(a)(b); “Applicability
of Uniform Administrative Requirements” of the CDBG Program Regulations Final Rule
and Lead Based Paint Regulations 24 CFR Part 35.
2.10 Copy of the SUBRECIPIENT’S last federal income tax return (IRS Form 990).
2.11 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.
2.12 ADA Certification.
2.13 Drug Free Certification.
2.14 All other documents reasonably required by the CITY.
ARTICLE III
TERMS AND PROCEDURES
3.1 CITY AUTHORIZATION:
For the purpose of this Agreement, the Department will act on behalf of the CITY in the
fiscal control, programmatic monitoring and modification of this Agreement, except as otherwise
provided in this Agreement.
3.2 EFFECTIVE DATE AND TERM:
This Agreement shall begin on ___October 1, 2015 and end on September 30, 2016__.
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.
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5
3.4 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, impair 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 Project Sponsor shall be based on
the rates, schedules and conditions described in Exhibit “C” attached hereto, which by this
reference is incorporated into this Agreement.”
4.2 INSURANCE:
At all times during the term hereof, the SUBRECIPIENT shall maintain insurance
acceptable to the CITY. Prior to commencing any activity under this Agreement, the
SUBRECIPIENT shall furnish to the CITY original certificates of insurance indicating that the
SUBRECIPIENT is in compliance with the provisions of this Article.
4.2.1 The SUBRECIPIENT shall provide the following coverage:
(i) Commercial General Liability in an amount not less than
$300,000.00 per occurrence, $1,000,000.00 aggregate, protecting
the CITY and the SUBRECIPIENT against liability incidental to
the use of, or resulting from an accident occurring on or about, its
property.
(ii) Automobile liability for all owned vehicles and for non-owned and
hired automobiles in the amount of $300,000 combined single limit
for bodily and property damage and/or split limits in the amount of
$100,000/$300,000 for bodily injury and $100,000 for property
damage.
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(iii) Workers' compensation insurance as required by the laws of the
State of Florida.
(iv) Sexual Abuse coverage in an amount not less than $1,000,000.00
per occurrence (Only required for those agencies providing
services to and/or working with children under the age of 18.)
4.2.2 All such insurance shall insure the CITY as the primary additional insured. The
SUBRECIPIENT shall be required to furnish evidence of any other insurance
coverage the CITY may reasonably require during the term of this Agreement.
All such policies shall require the insurance carrier to give the CITY at least 30
days prior written notice of termination, cancellation, expiration or modification,
and all such policies shall be written by insurance companies satisfactory to the
CITY.
4.2.3 Crime Policy (Employee Coverage) for all persons handling funds received or
disbursed under this Agreement in an amount equal to or greater than one third
(1/3) the amount of the grant of funds hereunder. The CITY shall be named as
Loss Payee.
4.2.4 Compliance with the foregoing requirements shall not relieve the
SUBRECIPIENT of its liability and obligations under this section or under any
other section of this Agreement.
4.2.5 SUBRECIPIENT shall apply and obtain any other insurance coverage that the
CITY may require for the execution of the Agreement.
4.2.6. SUBRECIPIENT shall indemnify, defend and hold harmless the City and its
officials, employees and agents (collectively referred to as “Indemnities”) and
each of them from and against all loss, costs, penalties, fines, damages, claims,
expenses (including attorney’s fees) or liabilities (collectively referred to as
“Liabilities”) by reason of any injury to or death of any person or damage to or
destruction or loss of any property arising out of, resulting from, or in connection
with (i) the performance or non-performance of the services contemplated by this
Agreement which is caused, in whole or in part, by any act, omission, default or
negligence (whether active or passive) of SUBRECIPIENT or its employees,
agents or subcontractors, or (ii) the failure of the SUBRECIPIENT to comply
with any of the paragraphs herein or the failure of the SUBRECIPIENT to
conform to statutes, ordinances, or other regulations or requirements of any
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governmental authority, federal or state, in connection with the performance of
this Agreement. SUBRECIPIENT expressly agrees to indemnify and hold
harmless the Indemnities, or any of them, from and against all liabilities which
may be asserted by an employee or former employee of SUBRECIPIENT, or any
of its subcontractors, as provided above, for which the SUBRECIPIENT’S
liability to such employee or former employee would otherwise be limited to
payments under state Workers’ Compensation or similar laws.
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 three 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, not to constitute allowable expenditures. Any payments made to the
SUBRECIPIENT are subject to reduction for overpayments on previously submitted invoices.
4.4 RECAPTURE OF FUNDS:
The CITY reserves the right to recapture funds in the event that the SUBRECIPIENT
shall fail: (i) to comply with the terms of this Agreement, or (ii) to accept conditions imposed by
the CITY at the direction of the federal, state and local agencies.
4.5 CONTINGENCY CLAUSE:
Funding pursuant to this Agreement is contingent on the availability of funds and
continued authorization for CDBG Program activities, and is also subject to amendment or
termination due to lack of funds or authorization, reduction of funds, and/or changes in
regulations.
ARTICLE V
AUDIT
5.1 As a necessary part of this Agreement, the SUBRECIPIENT shall adhere to the following
audit requirements:
5.1.1 If the SUBRECIPIENT expends $750,000 or more in the fiscal year in Federal
awards it shall have a single audit or program specific audit conducted for that
year. The audit shall be conducted in accordance with GAGAS and OMB
Circular A-133. The audit shall determine whether the financial statements are
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presented fairly in all material respects in conformity with generally accepted
accounting principles.
In addition to the above requirements, the auditor shall perform procedures to
obtain an understanding of internal controls and perform sufficient testing to
ensure compliance with the procedures. Further the auditor shall determine
whether the SUBRECIPIENT has complied with laws, regulations and the
provisions of this Agreement.
A reporting package shall be submitted within the earlier of 30 days after receipt
of the auditor’s 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 findings; 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 $750,000 in the fiscal year in Federal
awards it is exempted from Federal audit requirements for that year and
consequently the audit cost is not a reimbursable expense. The City, however,
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may request the SUBRECIPIENT to have a limited scope audit for monitoring
purposes. These limited scope audits will be paid for and arranged by the City
and address only one or more of the following types of compliance requirements:
activities allowed or unallowed; allowable costs/cost principles; eligibility;
matching, level of effort, earmarking; and, reporting.
All reports presented to the City shall, where applicable, include sufficient information to
provide a proper perspective for judging the prevalence and consequences of the findings,
such as whether an audit finding represents an isolated instance or a systemic problem.
Where appropriate, instances identified shall be related to the universe and the number of
cases examined and quantified in terms of dollar value.
ARTICLE VI
RECORDS AND REPORTS
6.1 The SUBRECIPIENT shall establish and maintain sufficient records to enable the CITY
to determine whether the SUBRECIPIENT has met the requirements of the CDBG Program.
At a minimum, the following records shall be maintained by the SUBRECIPIENT:
6.1.1 Records providing a full description of each activity assisted (or being assisted)
with CDBG Funds, including its location (if the activity has a geographical locus),
the amount of CDBG Funds budgeted, obligated and expended for the activity,
and the specific provision in 24 CFR Subpart C of the CDBG Program regulations
under which the activity is eligible.
6.1.2 Records demonstrating that each activity undertaken meets one of the criteria set
forth in 24 CFR 570.208 of the CDBG Program regulations. Where information
on income by family size is required, the SUBRECIPIENT may substitute
evidence establishing that the person assisted qualified under another program
having income qualification criteria at least as restrictive as that used in the
definitions of “low- and moderate-income person” and “low- and moderate-
income household” as set forth in 24 CFR 570.3; or, the SUBRECIPIENT may
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
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HUD’s criteria and agrees to maintain documentation 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:
(a) The boundaries of the service area;
(b) The income characteristics of families and unrelated individuals in
the service area; and
(c) If the percent of low- and moderate-income persons in the service
area is less than 51 percent, data showing that the area qualifies
under the exception criteria set forth in 24 CFR 570.208(a)(1)(ii);
(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 elderly persons, severely disabled persons, battered
spouses, abused children, the homeless, illiterate persons, persons
living with AIDS, or migrant farm workers, for which the
regulations provide presumptive benefit to low- and moderate-
income persons; or
(b) Documentation describing how the nature and, if applicable, the
location of the facility or service establishes that it is used
predominantly by low- and moderate-income persons; or
(c) Data showing the size and annual income of the household of each
person receiving the benefit.
6.1.3 Equal Opportunity Records containing:
(i) Data on the extent to which each racial and ethnic group and single-
headed households (by gender of household head) have applied for,
participated in, or benefited from, any program or activity funded in whole
or in part with CDBG Funds. Such information shall be used only as a
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basis for further investigation relating to compliance with any requirement
to attain or maintain any particular statistical measure by race, ethnicity,
disability or gender in covered programs.
(ii) Documentation of actions undertaken to meet the requirements of 24 CFR
570.607(b) which implements Section 3 of the Housing and Urban
Development Act of 1968, as amended (12 U.S.C. 1701U) relative to the
hiring and training of low- and moderate-income persons and the use of
local businesses.
6.1.4 Financial records, in accordance with the applicable requirements listed in 24
CFR 570.502.
6.1.5 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 three (3) years from the expiration/termination of this Agreement (the
“Retention Period”). All books of account and supporting documentation shall be
kept by the SUBRECIPIENT at least until the expiration of the Retention Period.
The SUBRECIPIENT shall maintain records sufficient to meet the requirements
of 24 CFR 570. All records and reports required herein shall be retained and
made accessible as provided thereunder. The SUBRECIPIENT further agrees to
abide by Chapter 119, Florida Statutes, as the same may be amended from time to
time, pertaining to public records.
The SUBRECIPIENT shall ensure that the Agreement Records shall be at all
times subject to and available for full access and review, inspection and audit by
the CITY, federal personnel and any other personnel duly authorized by the
CITY.
6.2.2 The 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
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when services are eligible substantive project and/or programmatic activities and
subject to the audit and record-keeping requirements described in this Agreement
6.2.3 If the CITY or the 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 part of the final
closeout procedure, of the address where all Agreement Records will be retained.
6.2.5 The SUBRECIPIENT shall obtain the prior written consent of the Department to
the disposal of any Agreement Records within one year after the expiration of the
Retention Period.
6.3 PROVISION OF RECORDS:
6.3.1 At any time upon request by the Department, the SUBRECIPIENT shall provide
all Agreement Records to the Department. The requested Agreement Records
shall become the property of the Department without restriction, reservation, or
limitation on their use. The Department shall have unlimited rights to all books,
articles, or other copyrightable materials developed in the performance of this
Agreement. These rights include the right of royalty-free, nonexclusive, and
irrevocable license to reproduce, publish, or otherwise use, and to authorize others
to use the Work Program for public purposes.
6.3.2 If the SUBRECIPIENT receives funds from, or is under regulatory control of,
other governmental agencies, and those agencies issue monitoring reports,
regulatory examinations, or other similar reports, the SUBRECIPIENT shall
provide a copy of each such report and any follow-up communications and reports
to the Department immediately upon such issuance, unless such disclosure would
be prohibited by any such issuing agency.
6.4 MONITORING:
The SUBRECIPIENT shall permit the Department and other persons duly authorized by
the Department to inspect all Agreement Records, facilities, goods, and activities of the
SUBRECIPIENT which are in any way connected to the activities undertaken pursuant to the
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terms of this Agreement, and/or interview any clients, employees, subcontractors or assignees of
the SUBRECIPIENT. Following such inspection or interviews, the Department will deliver to
the SUBRECIPIENT a report of its findings. The SUBRECIPIENT will rectify all deficiencies
cited by the Department within the specified period of time set forth in the report or provide the
Department with a reasonable justification for not correcting the same. The Department will
determine in its sole and absolute discretion whether or not the SUBRECIPIENT’S justification
is acceptable.
At the request of the CITY, the SUBRECIPIENT shall transmit to the CITY written
statements of the SUBRECIPIENT’s official policies on specified issues relating to the
SUBRECIPIENT’s activities. The CITY will carry out monitoring and evaluation activities,
including visits and observations by CITY staff; the SUBRECIPIENT shall ensure the
cooperation of its employees and its Board members in such efforts. Any inconsistent,
incomplete, or inadequate information either received by the CITY or obtained through
monitoring and evaluation by the CITY, shall constitute cause for the CITY to terminate this
Agreement.
6.5 RELATED PARTIES:
The 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 SUBRECIPIENT 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.
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7.3 The SUBRECIPIENT shall comply with all applicable provisions of 24 CFR Part 570
and shall carry out each activity in compliance with all applicable federal laws and regulations
described therein.
7.4 The SUBRECIPIENT shall cooperate with the Department in informing the appropriate
citizen participation structures, including the appropriate area committees, of the activities of the
SUBRECIPIENT in adhering to the provisions of this Agreement. Representatives of the
SUBRECIPIENT shall attend meetings of the appropriate committees and citizen participation
structures upon the request of the citizen participation officers or the Department.
7.5 The SUBRECIPIENT shall, to the greatest possible, give low-and-moderate-income
residents of the service area(s) opportunities for training and employment.
7.6 NON-DISCRIMINATION: The SUBRECIPIENT shall not discriminate on the basis of
race, color, national origin, sex, religion, age, marital or family status or handicap in connection
with the activities and/or the Work Program or its performance under this Agreement.
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.
7.7 The SUBRECIPIENT shall carry out its Work Program in compliance with all federal
laws and regulations, including those described in Subpart K of the CDBG Program regulations
(24 CFR 570.600-612).
7.8 The 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.
7.9 The SUBRECIPIENT shall abide by the Federal Labor Standards provisions of U.S.
HUD Form 4010 incorporated herein as part of this Agreement.
7.10 UNIFORM ADMINISTRATIVE REQUIREMENTS. The SUBRECIPIENT shall
comply with the requirements and standards of OMB Circular No. A-122, “Cost Principles for
Non-Profit Organizations” and with the applicable requirements of 2 CFR Part 200 (the revised
OMB Circular No. A-110).
7.11 RELIGIOUS ORGANIZATIONS/CONSTITUTIONAL PROHIBITION. If the
SUBRECIPIENT is or was created by a religious organization, the SUBRECIPIENT agrees that
all CDBG Funds disbursed under this Agreement shall be subject to the conditions, restrictions,
and limitations of 24 CFR Part 570.200(j).
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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.
7.12 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.
7.13 ENFORCEMENT OF THIS AGREEMENT. Any violation of this Agreement that
remains uncured thirty (30) days after the SUBRECIPIENT’S receipt of notice from the CITY
(by certified or registered mail) of such violation may, at the option of the CITY, be addressed
by an action for damages or equitable relief, or any other remedy provided at law or in equity. In
addition to the remedies of the CITY set forth herein, if the SUBRECIPIENT materially fails to
comply with the terms of this Agreement, the CITY may suspend or terminate this Agreement in
accordance with 2 CFR Part 200.339, as set forth more fully below in Article IX of this
Agreement.
7.14 The SUBRECIPIENT shall not assume the CITY’s environmental responsibilities
described at 24 CFR 570.604 of the CDBG Program regulations nor the CITY’s responsibility
for initiating the review process under Executive Order 12372.
ARTICLE VIII
PROGRAM INCOME
8.1 Program income means gross income received by the SUBRECIPIENT which has been
directly generated from the use of the CDBG Funds. When such income is generated by an
activity that is only partially assisted with the CDBG Funds, the income shall be prorated to
reflect the percentage of CDBG Funds used. Program income generated by CDBG funded
activities shall be used only to undertake those activities specifically approved by the CITY on
and for the Work Program. All provisions of this Agreement shall apply to such activities. Any
program income on hand when this Agreement expires/terminates or received after such
expiration/termination shall be paid to the CITY, as required by 24 CFR 570.503(b)(7) of the
CDBG Program regulations.
The SUBRECIPIENT shall submit to the CITY monthly a Program Income Report and a
Work Program Status Report. The Program Income Report shall identify CDBG activities in
which income was derived and how income has been utilized.
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8.2 REPAYMENTS. Any interest or other return on the investment of the CDBG Funds
shall be remitted to the CITY on a monthly basis. Any CDBG Funds funded to the
SUBRECIPIENT that do not meet the eligibility requirements, as applicable, must be repaid to
the CITY.
ARTICLE IX
REMEDIES, SUSPENSION, TERMINATION
9.1 REMEDIES FOR NONCOMPLIANCE. The CITY retains the right to terminate this
Agreement at any time prior to the completion of the services required pursuant to this
Agreement without penalty to the CITY. In that event, notice of termination of this Agreement
shall be in writing to the SUBRECIPIENT, who shall be paid for those services performed prior
to the date of its receipt to the notice of termination. In no case, however, shall the CITY pay the
SUBRECIPIENT an amount in excess of the total 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 terms 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 SUBRECIPIENT.
9.1.5 Take all such other remedies that may be legally available.
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
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determined by the Department in its sole and absolute discretion, and may
include:
(i) Ineffective or improper use of the CDBG Funds by the SUBRECIPIENT;
(ii) Failure by the SUBRECIPIENT to 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 SUBRECIPIENT in writing of any action taken
pursuant to this Article, by certified mail, return receipt requested, or by in person
delivery with proof of delivery. The notification will include the reason(s) for
such action, any conditions relating to the action taken, and the necessary
corrective action(s).
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 allocated to fund this Agreement, the Department may terminate this
Agreement upon not less than twenty-four (24) hours prior notice in writing to the
SUBRECIPIENT. Said notice shall be delivered by certified mail, return receipt
requested, or by in person delivery with proof of delivery. In the event that the
CITY’S funding source reduces the CITY’S entitlement under the CDBG
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.
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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 terms of any other agreement
or obligation of any kind or nature whatsoever of the SUBRECIPIENT to the
CITY, direct or contingent, whether now or hereafter due, existing, created or
arising.
9.3.3 Unless the SUBRECIPIENT’S breach is waived by the Department in writing, the
Department may, by written notice to the SUBRECIPIENT, terminate this
Agreement upon not less than twenty-four (24) hours prior written notice. Said
notice shall be delivered by certified mail, return receipt requested, or by in
person delivery with proof of delivery. Waiver of breach of any provision of this
Agreement shall not be deemed to be a waiver of any other breach and shall not
be construed to be a modification of the terms of this Agreement. The provisions
hereof are not intended to be, and shall not be, construed to limit the Department’s
right to legal or equitable remedies.
ARTICLE X
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
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
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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 without the prior written consent of the CITY.
10.4 AWARD OF AGREEMENT. The SUBRECIPIENT warrants that is 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
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 Gardens (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 Procurement. The SUBRECIPIENT shall comply with the standards contained
within 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
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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 All 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
or by registered mail addressed to the other party at the address indicated herein
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 GARDENS
Laurin Yoder Department of Community Development 18605 N.W. 27th Avenue
Miami Gardens, Florida 33056
SUBRECIPIENT
10.10.2 Title and paragraph headings are for convenient reference and are not a part of
this Agreement.
10.10.3 In the event of conflict between the terms of this Agreement and any terms or
conditions contained in any attached documents, the terms in this Agreement shall
control.
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 phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid,
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illegal or otherwise unenforceable under the laws of the State of Florida or the
City of Miami Gardens, such provision, paragraph, sentence, word or phrase shall
be deemed modified to the extent necessary in order to conform with such laws,
or if not modifiable to conform with such laws, then same shall be deemed
severed, and in either event, the remaining terms and provisions of this
Agreement shall remain unmodified and in full force and effect.
10.11 INDEPENDENT CONTRACTOR. THE SUBRECIPIENT and its employees
and agents shall be deemed to be independent contractors and not agents or employees of the
CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances
of the CITY or any rights generally afforded classified or unclassified employees; further, they
shall not be deemed entitled to the Florida Worker’s Compensation benefits as employees of the
CITY.
10.12 SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the
parties hereto, and their respective heirs, executors, legal representatives, successors, and
assigns.
10.13 SUBRECIPIENT CERTIFICATION. The SUBRECIPIENT certifies that it
possesses the legal authority to enter into this Agreement pursuant to authority that has been duly
adopted or passed as an official act of the 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
SUBRECIPIENT to act in connection with this Agreement and to provide such information as
may be required.
10.14 COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAWS. To the extent
required by law, the SUBRECIPIENT shall comply with the public records laws in accordance
with Chapter 119, Florida Statutes. Specifically, the SUBRECIPIENT agrees to comply with
Section 119.0701, Florida Statutes. Public records shall mean all documents, papers, letters,
maps, books, tapes, photographs, films, sound recordings, data processing software, or other
material, regardless of the physical form, characteristics, or means of transmission, made or
received pursuant to law or ordinance or in connection with the transaction of official business
by any agency, as defined in Section 119.011, Florida Statutes, as amended. The City shall make
the sole determination of which records, if any, are exempt from inspection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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22
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their
respective officials thereunto duly authorized on the date above written.
SUBRECIPIENT
a Florida not-for-profit corporation
ATTEST:
__________________________________ By:
Corporate Secretary Date Name: Date
Title:
SEAL
CITY OF MIAMI GARDENS, a municipal
Corporation of the State of Florida
ATTEST:
__________________________________ By:
Ronetta Taylor, MMC Date Cameron D. Benson Date
City Clerk City Manager
APPROVED AS TO APPROVED FOR LEGAL
INSURANCE REQUIREMENTS: SUFFICENCY:
___________________________________ Melissa Negron, Director Date Sonja K. Dickens Date
Human Resources/Risk Management City Attorney
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: September 9, 2015 Item Type: (Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact: (Enter X in box)
Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading
X Public Hearing:
(Enter X in box)
Yes No Yes No
X
Funding Source:
Community
Development Block
Grant (CDBG) Fund
Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required: (Enter X in box)
Yes No RFP/RFQ/Bid #: N/A
X
Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational
Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image
Communication
Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X
Sponsor Name
Cameron Benson,
City Manager
Department:
Community Development
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, ALLOCATING FISCAL YEAR 2015-2016 COMMUNITY
DEVELOPMENT BLOCK GRANT (“CDBG”) PUBLIC SERVICE FUNDS IN THE AMOUNT OF TEN THOUSAND, FVE HUNDRED DOLLARS ($10,500.00) TO NORTH DADE YOUTH & FAMILY COALITION (nsyfc); AUTHORIZING THE
CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST,
RESPECTIVELY THAT CERTAIN SUBRECIPIENT AGREEMENT FOR THIS
PURPOSE, ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Background:
Annually, the City of Miami Gardens sets aside Community Development Block Grant (CDBG) funds for
Item J-6) Public Hearing
Resolution
CDBG/North Dade Youth & Family Coalition
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
the provision of public services (also referred to as social services) to Miami Gardens’ residents. U.S.
HUD regulations allows for up to 15% of the City’s annual CDBG allocation to be used for public service
programs. The City’s Department of Community Development makes these funds available to interested
non-profit, community-based organizations applying through a formal Request for Proposal (RFP)
process. For the 2015-16 fiscal year a total of $150,096.00 (15% of annual CDBG allocation) is available in
the Public Services category. This is nearly level funding from last year.
A RFP was made available on April 1, 2015. City staff held two (2) Technical Assistance (TA) Workshops
on March 31, 2015 and April 9, 2015, at which approximately twenty (20) agencies were informed of the
program guidelines and requirements. Additionally, a Pre-Proposal meeting was also held on April 9,
2015 where four (4) agencies attended and were given the opportunity to ask specific questions about
the RFP.
Proposals were due on April 29, 2015 by 4:00 p.m. A total of twelve (12) proposals were submitted.
Eight (8) high scoring agencies are being recommended to Council to receive funding for the 2015-2016
program year. They are as follows:
1. Carrfour Supporting Housing, Inc. $ 9,000.00
2. JPM Centre at Miami Gardens Drive, Inc. $ 17,600.00
3. Kristi House, Inc. $ 15,000.00
4. Mt. Pisgah Seventh Day Adventist Church $ 12,000.00
5. North Dade Youth & Family Coalition $ 10,500.00
6. Prosperity Social & Community Dev. Group, Inc. $ 10,000.00
7. Sunshine for All, Inc. $ 60,000.00
8. Switchboard of Miami $ 15,996.00
$150,096.00
Current Situation:
Below is a summary for each organization and their proposed program:
Carrfour Supportive Housing, Inc. was founded by the Greater Miami Chamber of Commerce in 1993
with a mission to confront homelessness by developing affordable housing and providing supportive
services. They provide an afterschool and mentoring program for 40 formerly homeless families
relocated to Del Prado Gardens, one of Carrfour’s permanent supportive housing developments in
Miami Gardens. Carrfour aftercare/mentoring program offers a comprehensive curriculum that includes
a minimum of five core components; (1) literacy (2) physical activity and fitness (3) social skills – building
(4) family involvement and (5) nutrition. Carrfour services are provided on site at the Del Prado Gardens
daily from 3:30 p.m. to 7:30 p.m. and an all day activity one Saturday a month focusing on enhancing the
community. The program was previously funded at $9,000 in FY 2014-15 and to date has served as many
as 42 youth. Staff is recommending continued funding at an equal level for FY 2015-16.
JPM Center at Miami Gardens Drive, Inc. is a non-profit, faith-based organization located in Miami
Gardens that administers an after school program to low & moderate income youth who live in Miami
Gardens. The program focuses on engaging youth during the after-school hours between 3-6 pm,
Tuesday through Friday. It includes reading literacy, computer skills and athletic activities, as well as
teaching self-esteem, effective communication skills, good decision making techniques, anger
management, conflict resolution and technical skills; all which build strong, solid character and values, as
they become adults. In addition, parents/guardians of participants receive training workshops on
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Miami Gardens, Florida 33056
positive parenting styles, discipline techniques and communication styles. The City has funded the
program since 2008, and for FY 2014-15 awarded JPM $14,600 to serve twenty-five (25) youth. The
students participate in daily reading and math literacy exercises and as a result 83% of students have
shown an improvement in their math skill and 91% have improved their reading skills. Staff is
recommending continued funding of this program.
Kristi House Inc. is a non-profit organization that offers specialized and coordinated services for children
who are victims of sexual abuse. Through the Kristi House program, clients will benefit from a healing
environment for child victims of abuse and their families, regardless of income, through prevention,
treatment and coordination of services with community partners. The City has previously funded this
program in 2014-15 at $12,500, which has served as many as 31 youth and their families at their North
Office, located at 18841 NW 2 Avenue, over the contract period. The case coordinator provides
comprehensive wrap-around services and therapist meet weekly with clients to provide mental health
intervention services. As a result, 93% of cases closed successfully with families meeting the goals
identified in their service plans. Seventy-five percent (75%) reported improved or stable behavioral and
social function for their child. Staff is recommending continued funding of this program.
Mt. Pisgah Seventh-day Adventist Church is a faith-based, non-profit organization that provides
programs that address issues facing low-income families such as food insecurity and sustainability.
Located at 3340-50 NW 215th Street in Miami Gardens, Mt. Pisgah’s Food Pantry has been in operation
since 2005 and is open the 2nd and 4th Wednesday of every month from 2:30 p.m. – 4:30 p.m. In 2014
the Food Pantry distributed over 210,000 pounds of food to 6,320 families with over 27,180 individuals.
In partnership with Feeding South Florida and Farm Share, who provide donated food and recovered
produce for distribution, Mt. Pisgah is on target to serve over 6,500 households with a projected number
of 27,796 persons who are at or below the poverty level in 2015. Without services provided by the food
pantry to seniors, many of the seniors would likely experience hunger resulting in poor health and
malnutrition. The City is currently funding this program at $10,000 which has served 316 low-income
seniors thus far this year. Staff is recommending continued funding at an increased amount of $12,000.
North Dade Youth & Family Coalition (NDYFC) (aka Youth Violence Prevention Coalition) was established
in 2006 following a wave of shooting deaths involving youth. Since its inception NDYFC has been the
community catalyst for intake assessment, information and referrals to residents in need of support
services living in the City of Miami Gardens. Since 2013, NDYFC has served 588 households through care
coordination/wraparound services, community policing and positive youth development activities with
successful results. Previously the City funded NDYFC’s All 4 You Program in FY 2014-15. However this
year NDYFC has proposed a new program, the NDYFC Network, which will provide wraparound care
coordination services to school age youth, ages 5-18, who are identified as at-risk of frequent school
absenses, suspensions from school, failing academically and/or involved in violence and crime at home,
school or in the community, with overall goals to improve academic performance and school
attendance. NDYFC proposes to serve 50 youth throughout the program year.
Prosperity Social & Community Development Group, Inc. (PSCDG) is a non-profit organization founded in
2011 to provide literacy and job readiness skills to women and girls throughout Miami-Dade County.
PSCDG proposes to implement an expanded version of their NOW (Needing Opportunities to Win)
Project to the Miami Gardens community. The program will provide literacy, job training, financial
literacy, career guidance, and support groups to both high school boys and girls, ages 15-21, who are
dropouts, potential dropouts, unemployed, pregnant teens and re-entries from the corrections system.
They will serve 60 youth from the City of Miami Gardens through their partnerships with both Norland
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and Miami Carol City Senior High Schools and the Departments of Juvenile Justice and Corrections. Staff
is recommending funding of this new organization and program to serve a currently unmet need in the
community.
Sunshine For All, Inc. is a non-profit organization that delivers in-home meals to low & moderate income
seniors and disabled persons who live in Miami Gardens. Eligible meal recipients receive one hot meal
per day, five days a week, Monday through Friday. Meals are selected by a licensed and registered
dietician in order to assure that they meet the recommended dietary allowances. Currently, Sunshine is
serving 54 clients under the FY 2014-2015 contract in the amount of $80,000. City staff is recommending
continued funding of the program but at a reduced amount of $60,000.
Switchboard of Miami, Inc. is a non-profit organization that provides crisis counseling and information
and referral services to Miami-Dade County residents. Switchboard created the Seniors Never Alone
Program (SNAP), a telephone reassurance service to individuals sixty-five (65) years of age or older,
residing in Miami-Dade County, that live alone or are alone for the majority of the day. SNAP provides
in-bound phone coverage 24 hours/7 days a week and out-bound case managed calls to seniors enrolled
in the program. Seniors are assigned a Reassurance Specialist and, at a minimum, receive two (2)
management calls per week. Because Switchboard houses the County’s only comprehensive social
services database, the clients have a built-in resource for additional assistance and referrals. The City is
currently funding this program in the amount of $12,877, serving a total of 66 seniors over the FY 2014-
15 contract period. Staff is recommending continued support at an increased amount of $15,996.
All clients served through these programs are Miami Gardens residents. Contract periods for service for
all the above organizations will begin October 1, 2015 through September 30, 2016. Staff will monitor
each organization throughout the contract period to ensure they comply with all Federal CDBG and City
of Miami Gardens requirements.
A resolution is required in order to allocate CDBG Funds to the above organizations. Subsequent to
Council approval of staff’s recommendation, sub-recipient agreements will be executed between the
City and the above referenced organizations in which the scope of services, performance deliverables,
and funding distribution will be outlined.
Fiscal Impact:
The City FY 2015-16 award of CDBG grant is $1,000,644. Fifteen (15%) percent of this allocation which is
$150,096 is available for Public Services expenses. The above allotment to the various agencies totaled
to the amount that is within the budget in the Public Service category.
Proposed Action:
That the City Council approves the attached resolution.
Attachment:
• Public Services Scores & Summary Table
• Sub-recipient Agreement (FY 2015-2016)
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RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, ALLOCATING FISCAL YEAR 2015-4 2016 COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) 5
PUBLIC SERVICE FUNDS, IN THE AMOUNT OF TEN 6
THOUSAND, FIVE HUNDRED DOLLARS ($10,500.00) TO 7
NORTH DADE YOUTH & FAMILY COALITION (NDYFC); 8 AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO 9 EXECUTE AND ATTEST, RESPECTIVELY THAT CERTAIN 10
SUBRECIPIENT AGREEMENT FOR THIS PURPOSE, 11
ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR 12
INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE 13 ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 14 EFFECTIVE DATE. 15
16
WHEREAS, annually the City makes available Community Development Block 17
Grant (“CDBG”) funds for the provision of public services to Miami Gardens residents, 18
and 19
WHEREAS, these funds are made available to interested non-profit and 20
community based organizations applying through a formal request for a proposal 21
process, and 22
WHEREAS, this year, a total of One Hundred Fifty Thousand Ninety Six Dollars 23
($150,096.00), is available for non-profit organizations under the public service 24
category, and 25
WHEREAS, the City issued a RFP for the 2015-2016 year, Public Service Grant 26
on April 1, 2015, and 27
WHEREAS, a total of twelve (12) proposals were submitted, and 28
WHEREAS, eight (8) of the highest scoring agencies are being recommended to 29
the City Council to receive funding for the 2015-2016 program year, and 30
WHEREAS, North Dade Youth & Family Coalition (NDYFC), will provide 31
wraparound care coordination services to school age youth, ages 5-18, who are 32
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2
identified as at-risk of frequent school absences, suspensions from school, failing 33
academically and/or involved in violence and crime at home, and 34
WHEREAS, City staff is recommending funding to the North Dade Youth & 35
Family Coalition, in the amount of Nine Thousand Five Hundred Dollars ($10,500.00), 36
for the 2015-2016 program year, 37
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 38
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 39
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 40
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 41
made a specific part of this Resolution. 42
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 43
hereby allocates Fiscal Year 2015-2016 Community Development Block Grant 44
(“CDBG”) Public Service Funds, in the amount of Ten Thousand, Five Hundred Dollars 45
($10,500.00) to North Dade Youth & Family Coalition (NDYFC); and authorizes the City 46
Manager and the City Clerk to execute and attest, respectively that certain Subrecipient 47
Agreement for this purpose, attached hereto as Exhibit “A”. 48
Section 3: INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 49
authorized to obtain two (2) fully executed copies of the subject Agreement with one to 50
be maintained by the City, and one to be delivered to North Dade Youth & Family 51
Coalition (NDYFC). 52
Section 4: EFFECTIVE DATE: This Resolution shall take effect immediately 53
upon its final passage. 54
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 55
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 56
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3
57
___________________________________ 58 OLIVER GILBERT, III, MAYOR 59 60
61
ATTEST: 62
63 64 __________________________________ 65
RONETTA TAYLOR, MMC, CITY CLERK 66
67
68 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 69 70
71
SPONSORED BY: CAMERON D.BENSON, CITY MANAGER 72
73 Moved by: __________________ 74 75
VOTE: _________ 76
77
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 78 Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 79 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 80
Councilman David Williams Jr ____ (Yes) ____ (No) 81
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 82
Councilman Rodney Harris ____ (Yes) ____ (No) 83 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 84
85
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1
CITY OF MIAMI GARDENS, FLORIDA
COMMUNITY DEVELOPMENT BLOCK GRANT
PUBLIC SERVICES PROGRAM AGREEMENT
THIS AGREEMENT (hereinafter the “Agreement”) is entered into this 1st day
of October, 2015, between the City of Miami Gardens, a municipal corporation of the State of
Florida (hereinafter referred to as the “CITY”) and _____________________, Inc., a Florida
not for profit corporation (hereinafter referred to as the “SUBRECIPIENT”).
FUNDING SOURCE: Community Development Block Grant Funds
AMOUNT:
TERM OF THE AGREEMENT: October 1, 2015 through September 30, 2016
IDIS NUMBER: (to be completed by the City): ________
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein set
forth, the parties understand and agree as follows:
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 D Certification Regarding Lobbying Form
Exhibit E Certification Regarding Debarment, Suspension and other
Responsibility Matters (Primary Covered Transactions Form).
Exhibit F Crime Entity Affidavit
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1.2 DEFINED TERMS. As used herein the following terms shall mean:
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,
designs, electronic tapes, computer drives and
diskettes or surveys.
CDBG Program: Community Development Block Grant Program.
CDBG Requirements: The requirements contained in 24 CFR Part 570,
Rule 9I of the Florida Administrative Code and as
established by the City of Miami Gardens, Florida.
Department: The City of Miami Gardens Department of
Community Development.
Federal Award: Any federal funds received by the SUBRECIPIENT
from any source during the period of time in which
the SUBRECIPIENT is performing the obligations
set forth in this Agreement.
Low-and-Moderate A member of a low- or moderate-income family
Income Person: whose income is within specific income levels set
forth by U.S. HUD.
U.S. HUD or HUD: The United States Department of Housing and
Urban Development.
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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 term of this Agreement. These items shall be in sufficient
detail to provide a sound basis for the CITY to effectively monitor performance
by the SUBRECIPIENT under this Agreement.
2.2 The Budget Summary attached hereto as Exhibit C, which shall include: completion of
the SUBRECIPIENT’S Itemized Budget, Cost Allocation, Budget Narrative, Staff
Salaries Schedule and a copy of all subcontracts.
2.3 A list of the SUBRECIPIENT’S present officers and members of the Board (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 A letter accepting the Office of Management and Budget (“OMB”) Circular No.A-87
“Principles for Determining Costs Applicable to Grants and Agreements with State,
Local and Federally recognized Indian Tribal Governments;” OMB Circular No. A-110,
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Attachments “A” (Cash Depositories), “B” (Bonding and Insurance), “C” (Retention and
Custodial Requirements for Records), “F” (Standards for Financial Management
Systems), “H” (Monitoring and Reporting Progress Performance), “N” (Property
Management Standards), and “O” (Procurement Standards); OMB Circular Nos. A-122
and A-21: “Cost Principles for Non-Profit Organizations and Cost Principles for
Educational Institutions,” as modified by 24 CFR Section 570.502(a)(b); “Applicability
of Uniform Administrative Requirements” of the CDBG Program Regulations Final Rule
and Lead Based Paint Regulations 24 CFR Part 35.
2.10 Copy of the SUBRECIPIENT’S last federal income tax return (IRS Form 990).
2.11 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.
2.12 ADA Certification.
2.13 Drug Free Certification.
2.14 All other documents reasonably required by the CITY.
ARTICLE III
TERMS AND PROCEDURES
3.1 CITY AUTHORIZATION:
For the purpose of this Agreement, the Department will act on behalf of the CITY in the
fiscal control, programmatic monitoring and modification of this Agreement, except as otherwise
provided in this Agreement.
3.2 EFFECTIVE DATE AND TERM:
This Agreement shall begin on ___October 1, 2015 and end on September 30, 2016__.
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.
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3.4 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, impair 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 Project Sponsor shall be based on
the rates, schedules and conditions described in Exhibit “C” attached hereto, which by this
reference is incorporated into this Agreement.”
4.2 INSURANCE:
At all times during the term hereof, the SUBRECIPIENT shall maintain insurance
acceptable to the CITY. Prior to commencing any activity under this Agreement, the
SUBRECIPIENT shall furnish to the CITY original certificates of insurance indicating that the
SUBRECIPIENT is in compliance with the provisions of this Article.
4.2.1 The SUBRECIPIENT shall provide the following coverage:
(i) Commercial General Liability in an amount not less than
$300,000.00 per occurrence, $1,000,000.00 aggregate, protecting
the CITY and the SUBRECIPIENT against liability incidental to
the use of, or resulting from an accident occurring on or about, its
property.
(ii) Automobile liability for all owned vehicles and for non-owned and
hired automobiles in the amount of $300,000 combined single limit
for bodily and property damage and/or split limits in the amount of
$100,000/$300,000 for bodily injury and $100,000 for property
damage.
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(iii) Workers' compensation insurance as required by the laws of the
State of Florida.
(iv) Sexual Abuse coverage in an amount not less than $1,000,000.00
per occurrence (Only required for those agencies providing
services to and/or working with children under the age of 18.)
4.2.2 All such insurance shall insure the CITY as the primary additional insured. The
SUBRECIPIENT shall be required to furnish evidence of any other insurance
coverage the CITY may reasonably require during the term of this Agreement.
All such policies shall require the insurance carrier to give the CITY at least 30
days prior written notice of termination, cancellation, expiration or modification,
and all such policies shall be written by insurance companies satisfactory to the
CITY.
4.2.3 Crime Policy (Employee Coverage) for all persons handling funds received or
disbursed under this Agreement in an amount equal to or greater than one third
(1/3) the amount of the grant of funds hereunder. The CITY shall be named as
Loss Payee.
4.2.4 Compliance with the foregoing requirements shall not relieve the
SUBRECIPIENT of its liability and obligations under this section or under any
other section of this Agreement.
4.2.5 SUBRECIPIENT shall apply and obtain any other insurance coverage that the
CITY may require for the execution of the Agreement.
4.2.6. SUBRECIPIENT shall indemnify, defend and hold harmless the City and its
officials, employees and agents (collectively referred to as “Indemnities”) and
each of them from and against all loss, costs, penalties, fines, damages, claims,
expenses (including attorney’s fees) or liabilities (collectively referred to as
“Liabilities”) by reason of any injury to or death of any person or damage to or
destruction or loss of any property arising out of, resulting from, or in connection
with (i) the performance or non-performance of the services contemplated by this
Agreement which is caused, in whole or in part, by any act, omission, default or
negligence (whether active or passive) of SUBRECIPIENT or its employees,
agents or subcontractors, or (ii) the failure of the SUBRECIPIENT to comply
with any of the paragraphs herein or the failure of the SUBRECIPIENT to
conform to statutes, ordinances, or other regulations or requirements of any
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7
governmental authority, federal or state, in connection with the performance of
this Agreement. SUBRECIPIENT expressly agrees to indemnify and hold
harmless the Indemnities, or any of them, from and against all liabilities which
may be asserted by an employee or former employee of SUBRECIPIENT, or any
of its subcontractors, as provided above, for which the SUBRECIPIENT’S
liability to such employee or former employee would otherwise be limited to
payments under state Workers’ Compensation or similar laws.
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 three 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, not to constitute allowable expenditures. Any payments made to the
SUBRECIPIENT are subject to reduction for overpayments on previously submitted invoices.
4.4 RECAPTURE OF FUNDS:
The CITY reserves the right to recapture funds in the event that the SUBRECIPIENT
shall fail: (i) to comply with the terms of this Agreement, or (ii) to accept conditions imposed by
the CITY at the direction of the federal, state and local agencies.
4.5 CONTINGENCY CLAUSE:
Funding pursuant to this Agreement is contingent on the availability of funds and
continued authorization for CDBG Program activities, and is also subject to amendment or
termination due to lack of funds or authorization, reduction of funds, and/or changes in
regulations.
ARTICLE V
AUDIT
5.1 As a necessary part of this Agreement, the SUBRECIPIENT shall adhere to the following
audit requirements:
5.1.1 If the SUBRECIPIENT expends $750,000 or more in the fiscal year in Federal
awards it shall have a single audit or program specific audit conducted for that
year. The audit shall be conducted in accordance with GAGAS and OMB
Circular A-133. The audit shall determine whether the financial statements are
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presented fairly in all material respects in conformity with generally accepted
accounting principles.
In addition to the above requirements, the auditor shall perform procedures to
obtain an understanding of internal controls and perform sufficient testing to
ensure compliance with the procedures. Further the auditor shall determine
whether the SUBRECIPIENT has complied with laws, regulations and the
provisions of this Agreement.
A reporting package shall be submitted within the earlier of 30 days after receipt
of the auditor’s 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 findings; 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 $750,000 in the fiscal year in Federal
awards it is exempted from Federal audit requirements for that year and
consequently the audit cost is not a reimbursable expense. The City, however,
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may request the SUBRECIPIENT to have a limited scope audit for monitoring
purposes. These limited scope audits will be paid for and arranged by the City
and address only one or more of the following types of compliance requirements:
activities allowed or unallowed; allowable costs/cost principles; eligibility;
matching, level of effort, earmarking; and, reporting.
All reports presented to the City shall, where applicable, include sufficient information to
provide a proper perspective for judging the prevalence and consequences of the findings,
such as whether an audit finding represents an isolated instance or a systemic problem.
Where appropriate, instances identified shall be related to the universe and the number of
cases examined and quantified in terms of dollar value.
ARTICLE VI
RECORDS AND REPORTS
6.1 The SUBRECIPIENT shall establish and maintain sufficient records to enable the CITY
to determine whether the SUBRECIPIENT has met the requirements of the CDBG Program.
At a minimum, the following records shall be maintained by the SUBRECIPIENT:
6.1.1 Records providing a full description of each activity assisted (or being assisted)
with CDBG Funds, including its location (if the activity has a geographical locus),
the amount of CDBG Funds budgeted, obligated and expended for the activity,
and the specific provision in 24 CFR Subpart C of the CDBG Program regulations
under which the activity is eligible.
6.1.2 Records demonstrating that each activity undertaken meets one of the criteria set
forth in 24 CFR 570.208 of the CDBG Program regulations. Where information
on income by family size is required, the SUBRECIPIENT may substitute
evidence establishing that the person assisted qualified under another program
having income qualification criteria at least as restrictive as that used in the
definitions of “low- and moderate-income person” and “low- and moderate-
income household” as set forth in 24 CFR 570.3; or, the SUBRECIPIENT may
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
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HUD’s criteria and agrees to maintain documentation 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:
(a) The boundaries of the service area;
(b) The income characteristics of families and unrelated individuals in
the service area; and
(c) If the percent of low- and moderate-income persons in the service
area is less than 51 percent, data showing that the area qualifies
under the exception criteria set forth in 24 CFR 570.208(a)(1)(ii);
(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 elderly persons, severely disabled persons, battered
spouses, abused children, the homeless, illiterate persons, persons
living with AIDS, or migrant farm workers, for which the
regulations provide presumptive benefit to low- and moderate-
income persons; or
(b) Documentation describing how the nature and, if applicable, the
location of the facility or service establishes that it is used
predominantly by low- and moderate-income persons; or
(c) Data showing the size and annual income of the household of each
person receiving the benefit.
6.1.3 Equal Opportunity Records containing:
(i) Data on the extent to which each racial and ethnic group and single-
headed households (by gender of household head) have applied for,
participated in, or benefited from, any program or activity funded in whole
or in part with CDBG Funds. Such information shall be used only as a
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basis for further investigation relating to compliance with any requirement
to attain or maintain any particular statistical measure by race, ethnicity,
disability or gender in covered programs.
(ii) Documentation of actions undertaken to meet the requirements of 24 CFR
570.607(b) which implements Section 3 of the Housing and Urban
Development Act of 1968, as amended (12 U.S.C. 1701U) relative to the
hiring and training of low- and moderate-income persons and the use of
local businesses.
6.1.4 Financial records, in accordance with the applicable requirements listed in 24
CFR 570.502.
6.1.5 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 three (3) years from the expiration/termination of this Agreement (the
“Retention Period”). All books of account and supporting documentation shall be
kept by the SUBRECIPIENT at least until the expiration of the Retention Period.
The SUBRECIPIENT shall maintain records sufficient to meet the requirements
of 24 CFR 570. All records and reports required herein shall be retained and
made accessible as provided thereunder. The SUBRECIPIENT further agrees to
abide by Chapter 119, Florida Statutes, as the same may be amended from time to
time, pertaining to public records.
The SUBRECIPIENT shall ensure that the Agreement Records shall be at all
times subject to and available for full access and review, inspection and audit by
the CITY, federal personnel and any other personnel duly authorized by the
CITY.
6.2.2 The 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
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when services are eligible substantive project and/or programmatic activities and
subject to the audit and record-keeping requirements described in this Agreement
6.2.3 If the CITY or the 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 part of the final
closeout procedure, of the address where all Agreement Records will be retained.
6.2.5 The SUBRECIPIENT shall obtain the prior written consent of the Department to
the disposal of any Agreement Records within one year after the expiration of the
Retention Period.
6.3 PROVISION OF RECORDS:
6.3.1 At any time upon request by the Department, the SUBRECIPIENT shall provide
all Agreement Records to the Department. The requested Agreement Records
shall become the property of the Department without restriction, reservation, or
limitation on their use. The Department shall have unlimited rights to all books,
articles, or other copyrightable materials developed in the performance of this
Agreement. These rights include the right of royalty-free, nonexclusive, and
irrevocable license to reproduce, publish, or otherwise use, and to authorize others
to use the Work Program for public purposes.
6.3.2 If the SUBRECIPIENT receives funds from, or is under regulatory control of,
other governmental agencies, and those agencies issue monitoring reports,
regulatory examinations, or other similar reports, the SUBRECIPIENT shall
provide a copy of each such report and any follow-up communications and reports
to the Department immediately upon such issuance, unless such disclosure would
be prohibited by any such issuing agency.
6.4 MONITORING:
The SUBRECIPIENT shall permit the Department and other persons duly authorized by
the Department to inspect all Agreement Records, facilities, goods, and activities of the
SUBRECIPIENT which are in any way connected to the activities undertaken pursuant to the
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terms of this Agreement, and/or interview any clients, employees, subcontractors or assignees of
the SUBRECIPIENT. Following such inspection or interviews, the Department will deliver to
the SUBRECIPIENT a report of its findings. The SUBRECIPIENT will rectify all deficiencies
cited by the Department within the specified period of time set forth in the report or provide the
Department with a reasonable justification for not correcting the same. The Department will
determine in its sole and absolute discretion whether or not the SUBRECIPIENT’S justification
is acceptable.
At the request of the CITY, the SUBRECIPIENT shall transmit to the CITY written
statements of the SUBRECIPIENT’s official policies on specified issues relating to the
SUBRECIPIENT’s activities. The CITY will carry out monitoring and evaluation activities,
including visits and observations by CITY staff; the SUBRECIPIENT shall ensure the
cooperation of its employees and its Board members in such efforts. Any inconsistent,
incomplete, or inadequate information either received by the CITY or obtained through
monitoring and evaluation by the CITY, shall constitute cause for the CITY to terminate this
Agreement.
6.5 RELATED PARTIES:
The 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 SUBRECIPIENT 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.
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7.3 The SUBRECIPIENT shall comply with all applicable provisions of 24 CFR Part 570
and shall carry out each activity in compliance with all applicable federal laws and regulations
described therein.
7.4 The SUBRECIPIENT shall cooperate with the Department in informing the appropriate
citizen participation structures, including the appropriate area committees, of the activities of the
SUBRECIPIENT in adhering to the provisions of this Agreement. Representatives of the
SUBRECIPIENT shall attend meetings of the appropriate committees and citizen participation
structures upon the request of the citizen participation officers or the Department.
7.5 The SUBRECIPIENT shall, to the greatest possible, give low-and-moderate-income
residents of the service area(s) opportunities for training and employment.
7.6 NON-DISCRIMINATION: The SUBRECIPIENT shall not discriminate on the basis of
race, color, national origin, sex, religion, age, marital or family status or handicap in connection
with the activities and/or the Work Program or its performance under this Agreement.
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.
7.7 The SUBRECIPIENT shall carry out its Work Program in compliance with all federal
laws and regulations, including those described in Subpart K of the CDBG Program regulations
(24 CFR 570.600-612).
7.8 The 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.
7.9 The SUBRECIPIENT shall abide by the Federal Labor Standards provisions of U.S.
HUD Form 4010 incorporated herein as part of this Agreement.
7.10 UNIFORM ADMINISTRATIVE REQUIREMENTS. The SUBRECIPIENT shall
comply with the requirements and standards of OMB Circular No. A-122, “Cost Principles for
Non-Profit Organizations” and with the applicable requirements of 2 CFR Part 200 (the revised
OMB Circular No. A-110).
7.11 RELIGIOUS ORGANIZATIONS/CONSTITUTIONAL PROHIBITION. If the
SUBRECIPIENT is or was created by a religious organization, the SUBRECIPIENT agrees that
all CDBG Funds disbursed under this Agreement shall be subject to the conditions, restrictions,
and limitations of 24 CFR Part 570.200(j).
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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.
7.12 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.
7.13 ENFORCEMENT OF THIS AGREEMENT. Any violation of this Agreement that
remains uncured thirty (30) days after the SUBRECIPIENT’S receipt of notice from the CITY
(by certified or registered mail) of such violation may, at the option of the CITY, be addressed
by an action for damages or equitable relief, or any other remedy provided at law or in equity. In
addition to the remedies of the CITY set forth herein, if the SUBRECIPIENT materially fails to
comply with the terms of this Agreement, the CITY may suspend or terminate this Agreement in
accordance with 2 CFR Part 200.339, as set forth more fully below in Article IX of this
Agreement.
7.14 The SUBRECIPIENT shall not assume the CITY’s environmental responsibilities
described at 24 CFR 570.604 of the CDBG Program regulations nor the CITY’s responsibility
for initiating the review process under Executive Order 12372.
ARTICLE VIII
PROGRAM INCOME
8.1 Program income means gross income received by the SUBRECIPIENT which has been
directly generated from the use of the CDBG Funds. When such income is generated by an
activity that is only partially assisted with the CDBG Funds, the income shall be prorated to
reflect the percentage of CDBG Funds used. Program income generated by CDBG funded
activities shall be used only to undertake those activities specifically approved by the CITY on
and for the Work Program. All provisions of this Agreement shall apply to such activities. Any
program income on hand when this Agreement expires/terminates or received after such
expiration/termination shall be paid to the CITY, as required by 24 CFR 570.503(b)(7) of the
CDBG Program regulations.
The SUBRECIPIENT shall submit to the CITY monthly a Program Income Report and a
Work Program Status Report. The Program Income Report shall identify CDBG activities in
which income was derived and how income has been utilized.
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8.2 REPAYMENTS. Any interest or other return on the investment of the CDBG Funds
shall be remitted to the CITY on a monthly basis. Any CDBG Funds funded to the
SUBRECIPIENT that do not meet the eligibility requirements, as applicable, must be repaid to
the CITY.
ARTICLE IX
REMEDIES, SUSPENSION, TERMINATION
9.1 REMEDIES FOR NONCOMPLIANCE. The CITY retains the right to terminate this
Agreement at any time prior to the completion of the services required pursuant to this
Agreement without penalty to the CITY. In that event, notice of termination of this Agreement
shall be in writing to the SUBRECIPIENT, who shall be paid for those services performed prior
to the date of its receipt to the notice of termination. In no case, however, shall the CITY pay the
SUBRECIPIENT an amount in excess of the total 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 terms 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 SUBRECIPIENT.
9.1.5 Take all such other remedies that may be legally available.
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
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determined by the Department in its sole and absolute discretion, and may
include:
(i) Ineffective or improper use of the CDBG Funds by the SUBRECIPIENT;
(ii) Failure by the SUBRECIPIENT to 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 SUBRECIPIENT in writing of any action taken
pursuant to this Article, by certified mail, return receipt requested, or by in person
delivery with proof of delivery. The notification will include the reason(s) for
such action, any conditions relating to the action taken, and the necessary
corrective action(s).
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 allocated to fund this Agreement, the Department may terminate this
Agreement upon not less than twenty-four (24) hours prior notice in writing to the
SUBRECIPIENT. Said notice shall be delivered by certified mail, return receipt
requested, or by in person delivery with proof of delivery. In the event that the
CITY’S funding source reduces the CITY’S entitlement under the CDBG
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.
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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 terms of any other agreement
or obligation of any kind or nature whatsoever of the SUBRECIPIENT to the
CITY, direct or contingent, whether now or hereafter due, existing, created or
arising.
9.3.3 Unless the SUBRECIPIENT’S breach is waived by the Department in writing, the
Department may, by written notice to the SUBRECIPIENT, terminate this
Agreement upon not less than twenty-four (24) hours prior written notice. Said
notice shall be delivered by certified mail, return receipt requested, or by in
person delivery with proof of delivery. Waiver of breach of any provision of this
Agreement shall not be deemed to be a waiver of any other breach and shall not
be construed to be a modification of the terms of this Agreement. The provisions
hereof are not intended to be, and shall not be, construed to limit the Department’s
right to legal or equitable remedies.
ARTICLE X
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
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
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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 without the prior written consent of the CITY.
10.4 AWARD OF AGREEMENT. The SUBRECIPIENT warrants that is 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
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 Gardens (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 Procurement. The SUBRECIPIENT shall comply with the standards contained
within 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
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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 All 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
or by registered mail addressed to the other party at the address indicated herein
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 GARDENS
Laurin Yoder Department of Community Development 18605 N.W. 27th Avenue
Miami Gardens, Florida 33056
SUBRECIPIENT
10.10.2 Title and paragraph headings are for convenient reference and are not a part of
this Agreement.
10.10.3 In the event of conflict between the terms of this Agreement and any terms or
conditions contained in any attached documents, the terms in this Agreement shall
control.
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 phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid,
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illegal or otherwise unenforceable under the laws of the State of Florida or the
City of Miami Gardens, such provision, paragraph, sentence, word or phrase shall
be deemed modified to the extent necessary in order to conform with such laws,
or if not modifiable to conform with such laws, then same shall be deemed
severed, and in either event, the remaining terms and provisions of this
Agreement shall remain unmodified and in full force and effect.
10.11 INDEPENDENT CONTRACTOR. THE SUBRECIPIENT and its employees
and agents shall be deemed to be independent contractors and not agents or employees of the
CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances
of the CITY or any rights generally afforded classified or unclassified employees; further, they
shall not be deemed entitled to the Florida Worker’s Compensation benefits as employees of the
CITY.
10.12 SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the
parties hereto, and their respective heirs, executors, legal representatives, successors, and
assigns.
10.13 SUBRECIPIENT CERTIFICATION. The SUBRECIPIENT certifies that it
possesses the legal authority to enter into this Agreement pursuant to authority that has been duly
adopted or passed as an official act of the 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
SUBRECIPIENT to act in connection with this Agreement and to provide such information as
may be required.
10.14 COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAWS. To the extent
required by law, the SUBRECIPIENT shall comply with the public records laws in accordance
with Chapter 119, Florida Statutes. Specifically, the SUBRECIPIENT agrees to comply with
Section 119.0701, Florida Statutes. Public records shall mean all documents, papers, letters,
maps, books, tapes, photographs, films, sound recordings, data processing software, or other
material, regardless of the physical form, characteristics, or means of transmission, made or
received pursuant to law or ordinance or in connection with the transaction of official business
by any agency, as defined in Section 119.011, Florida Statutes, as amended. The City shall make
the sole determination of which records, if any, are exempt from inspection.
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IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their
respective officials thereunto duly authorized on the date above written.
SUBRECIPIENT
a Florida not-for-profit corporation
ATTEST:
__________________________________ By:
Corporate Secretary Date Name: Date
Title:
SEAL
CITY OF MIAMI GARDENS, a municipal
Corporation of the State of Florida
ATTEST:
__________________________________ By:
Ronetta Taylor, MMC Date Cameron D. Benson Date
City Clerk City Manager
APPROVED AS TO APPROVED FOR LEGAL
INSURANCE REQUIREMENTS: SUFFICENCY:
___________________________________ Melissa Negron, Director Date Sonja K. Dickens Date
Human Resources/Risk Management City Attorney
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City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: September 9, 2015 Item Type: (Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact: (Enter X in box)
Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading
X Public Hearing:
(Enter X in box)
Yes No Yes No
X
Funding Source:
Community
Development Block
Grant (CDBG) Fund
Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required: (Enter X in box)
Yes No RFP/RFQ/Bid #: N/A
X
Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational
Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image
Communication
Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X
Sponsor Name
Cameron Benson,
City Manager
Department:
Community Development
Short Title:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, ALLOCATING FISCAL YEAR 2015-2016
COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) PUBLIC SERVICE FUNDS, IN THE AMOUNT OF TEN THOUSAND DOLLARS ($10,000.00) TO PROSPERITY SOCIAL & COMMUNITY DEVELOPMENT
GROUP, INC., (PSCDG); AUTHORIZING THE CITY MANAGER AND THE
CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY THAT
CERTAIN SUBRECIPIENT AGREEMENT FOR THIS PURPOSE, ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Background:
Annually, the City of Miami Gardens sets aside Community Development Block Grant (CDBG) funds for
Item J-7) Public Hearing
Resolution
CDBG/Prosperity Social & Community Development Group, Inc.
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Miami Gardens, Florida 33056
the provision of public services (also referred to as social services) to Miami Gardens’ residents. U.S.
HUD regulations allows for up to 15% of the City’s annual CDBG allocation to be used for public service
programs. The City’s Department of Community Development makes these funds available to interested
non-profit, community-based organizations applying through a formal Request for Proposal (RFP)
process. For the 2015-16 fiscal year a total of $150,096.00 (15% of annual CDBG allocation) is available in
the Public Services category. This is nearly level funding from last year.
A RFP was made available on April 1, 2015. City staff held two (2) Technical Assistance (TA) Workshops
on March 31, 2015 and April 9, 2015, at which approximately twenty (20) agencies were informed of the
program guidelines and requirements. Additionally, a Pre-Proposal meeting was also held on April 9,
2015 where four (4) agencies attended and were given the opportunity to ask specific questions about
the RFP.
Proposals were due on April 29, 2015 by 4:00 p.m. A total of twelve (12) proposals were submitted.
Eight (8) high scoring agencies are being recommended to Council to receive funding for the 2015-2016
program year. They are as follows:
1. Carrfour Supporting Housing, Inc. $ 9,000.00
2. JPM Centre at Miami Gardens Drive, Inc. $ 17,600.00
3. Kristi House, Inc. $ 15,000.00
4. Mt. Pisgah Seventh Day Adventist Church $ 12,000.00
5. North Dade Youth & Family Coalition $ 10,500.00
6. Prosperity Social & Community Dev. Group, Inc. $ 10,000.00
7. Sunshine for All, Inc. $ 60,000.00
8. Switchboard of Miami $ 15,996.00
$150,096.00
Current Situation:
Below is a summary for each organization and their proposed program:
Carrfour Supportive Housing, Inc. was founded by the Greater Miami Chamber of Commerce in 1993
with a mission to confront homelessness by developing affordable housing and providing supportive
services. They provide an afterschool and mentoring program for 40 formerly homeless families
relocated to Del Prado Gardens, one of Carrfour’s permanent supportive housing developments in
Miami Gardens. Carrfour aftercare/mentoring program offers a comprehensive curriculum that includes
a minimum of five core components; (1) literacy (2) physical activity and fitness (3) social skills – building
(4) family involvement and (5) nutrition. Carrfour services are provided on site at the Del Prado Gardens
daily from 3:30 p.m. to 7:30 p.m. and an all day activity one Saturday a month focusing on enhancing the
community. The program was previously funded at $9,000 in FY 2014-15 and to date has served as many
as 42 youth. Staff is recommending continued funding at an equal level for FY 2015-16.
JPM Center at Miami Gardens Drive, Inc. is a non-profit, faith-based organization located in Miami
Gardens that administers an after school program to low & moderate income youth who live in Miami
Gardens. The program focuses on engaging youth during the after-school hours between 3-6 pm,
Tuesday through Friday. It includes reading literacy, computer skills and athletic activities, as well as
teaching self-esteem, effective communication skills, good decision making techniques, anger
management, conflict resolution and technical skills; all which build strong, solid character and values, as
they become adults. In addition, parents/guardians of participants receive training workshops on
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Miami Gardens, Florida 33056
positive parenting styles, discipline techniques and communication styles. The City has funded the
program since 2008, and for FY 2014-15 awarded JPM $14,600 to serve twenty-five (25) youth. The
students participate in daily reading and math literacy exercises and as a result 83% of students have
shown an improvement in their math skill and 91% have improved their reading skills. Staff is
recommending continued funding of this program.
Kristi House Inc. is a non-profit organization that offers specialized and coordinated services for children
who are victims of sexual abuse. Through the Kristi House program, clients will benefit from a healing
environment for child victims of abuse and their families, regardless of income, through prevention,
treatment and coordination of services with community partners. The City has previously funded this
program in 2014-15 at $12,500, which has served as many as 31 youth and their families at their North
Office, located at 18841 NW 2 Avenue, over the contract period. The case coordinator provides
comprehensive wrap-around services and therapist meet weekly with clients to provide mental health
intervention services. As a result, 93% of cases closed successfully with families meeting the goals
identified in their service plans. Seventy-five percent (75%) reported improved or stable behavioral and
social function for their child. Staff is recommending continued funding of this program.
Mt. Pisgah Seventh-day Adventist Church is a faith-based, non-profit organization that provides
programs that address issues facing low-income families such as food insecurity and sustainability.
Located at 3340-50 NW 215th Street in Miami Gardens, Mt. Pisgah’s Food Pantry has been in operation
since 2005 and is open the 2nd and 4th Wednesday of every month from 2:30 p.m. – 4:30 p.m. In 2014
the Food Pantry distributed over 210,000 pounds of food to 6,320 families with over 27,180 individuals.
In partnership with Feeding South Florida and Farm Share, who provide donated food and recovered
produce for distribution, Mt. Pisgah is on target to serve over 6,500 households with a projected number
of 27,796 persons who are at or below the poverty level in 2015. Without services provided by the food
pantry to seniors, many of the seniors would likely experience hunger resulting in poor health and
malnutrition. The City is currently funding this program at $10,000 which has served 316 low-income
seniors thus far this year. Staff is recommending continued funding at an increased amount of $12,000.
North Dade Youth & Family Coalition (NDYFC) (aka Youth Violence Prevention Coalition) was established
in 2006 following a wave of shooting deaths involving youth. Since its inception NDYFC has been the
community catalyst for intake assessment, information and referrals to residents in need of support
services living in the City of Miami Gardens. Since 2013, NDYFC has served 588 households through care
coordination/wraparound services, community policing and positive youth development activities with
successful results. Previously the City funded NDYFC’s All 4 You Program in FY 2014-15. However this
year NDYFC has proposed a new program, the NDYFC Network, which will provide wraparound care
coordination services to school age youth, ages 5-18, who are identified as at-risk of frequent school
absenses, suspensions from school, failing academically and/or involved in violence and crime at home,
school or in the community, with overall goals to improve academic performance and school
attendance. NDYFC proposes to serve 50 youth throughout the program year.
Prosperity Social & Community Development Group, Inc. (PSCDG) is a non-profit organization founded in
2011 to provide literacy and job readiness skills to women and girls throughout Miami-Dade County.
PSCDG proposes to implement an expanded version of their NOW (Needing Opportunities to Win)
Project to the Miami Gardens community. The program will provide literacy, job training, financial
literacy, career guidance, and support groups to both high school boys and girls, ages 15-21, who are
dropouts, potential dropouts, unemployed, pregnant teens and re-entries from the corrections system.
They will serve 60 youth from the City of Miami Gardens through their partnerships with both Norland
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and Miami Carol City Senior High Schools and the Departments of Juvenile Justice and Corrections. Staff
is recommending funding of this new organization and program to serve a currently unmet need in the
community.
Sunshine For All, Inc. is a non-profit organization that delivers in-home meals to low & moderate income
seniors and disabled persons who live in Miami Gardens. Eligible meal recipients receive one hot meal
per day, five days a week, Monday through Friday. Meals are selected by a licensed and registered
dietician in order to assure that they meet the recommended dietary allowances. Currently, Sunshine is
serving 54 clients under the FY 2014-2015 contract in the amount of $80,000. City staff is recommending
continued funding of the program but at a reduced amount of $60,000.
Switchboard of Miami, Inc. is a non-profit organization that provides crisis counseling and information
and referral services to Miami-Dade County residents. Switchboard created the Seniors Never Alone
Program (SNAP), a telephone reassurance service to individuals sixty-five (65) years of age or older,
residing in Miami-Dade County, that live alone or are alone for the majority of the day. SNAP provides
in-bound phone coverage 24 hours/7 days a week and out-bound case managed calls to seniors enrolled
in the program. Seniors are assigned a Reassurance Specialist and, at a minimum, receive two (2)
management calls per week. Because Switchboard houses the County’s only comprehensive social
services database, the clients have a built-in resource for additional assistance and referrals. The City is
currently funding this program in the amount of $12,877, serving a total of 66 seniors over the FY 2014-
15 contract period. Staff is recommending continued support at an increased amount of $15,996.
All clients served through these programs are Miami Gardens residents. Contract periods for service for
all the above organizations will begin October 1, 2015 through September 30, 2016. Staff will monitor
each organization throughout the contract period to ensure they comply with all Federal CDBG and City
of Miami Gardens requirements.
A resolution is required in order to allocate CDBG Funds to the above organizations. Subsequent to
Council approval of staff’s recommendation, sub-recipient agreements will be executed between the
City and the above referenced organizations in which the scope of services, performance deliverables,
and funding distribution will be outlined.
Fiscal Impact:
The City FY 2015-16 award of CDBG grant is $1,000,644. Fifteen (15%) percent of this allocation which is
$150,096 is available for Public Services expenses. The above allotment to the various agencies totaled
to the amount that is within the budget in the Public Service category.
Proposed Action:
That the City Council approves the attached resolution.
Attachment:
• Public Services Scores & Summary Table
• Sub-recipient Agreement (FY 2015-2016)
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RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, ALLOCATING FISCAL YEAR 2015-4 2016 COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) 5
PUBLIC SERVICE FUNDS, IN THE AMOUNT OF TEN 6
THOUSAND DOLLARS ($10,000.00) TO PROSPERITY SOCIAL & 7
COMMUNITY DEVELOPMENT GROUP, INC., (PSCDG); 8 AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO 9 EXECUTE AND ATTEST, RESPECTIVELY THAT CERTAIN 10
SUBRECIPIENT AGREEMENT FOR THIS PURPOSE, 11
ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR 12
INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE 13 ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 14 EFFECTIVE DATE. 15
16
WHEREAS, annually the City makes available Community Development Block 17
Grant (“CDBG”) funds for the provision of public services to Miami Gardens residents, 18
and 19
WHEREAS, these funds are made available to interested non-profit and 20
community based organizations applying through a formal request for a proposal 21
process, and 22
WHEREAS, this year, a total of One Hundred Fifty Thousand Ninety Six Dollars 23
($150,096.00), is available for non-profit organizations under the public service 24
category, and 25
WHEREAS, the City issued a RFP for the 2015-2016 year, Public Service Grant 26
on April 1, 2015, and 27
WHEREAS, a total of twelve (12) proposals were submitted, and 28
WHEREAS, eight (8) of the highest scoring agencies are being recommended to 29
the City Council to receive funding for the 2015-2016 program year, and 30
WHEREAS, Prosperity Social & Community Development Group, Inc., (PSCDG) 31
will provide literacy, job training, financial literacy, career guidance, and support groups 32
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2
to youth, ages 15-21, who are dropouts, potential dropouts, unemployed, pregnant 33
teens and re-entries from the corrections system, and 34
WHEREAS, the program will serve 60 youth from the City of Miami Gardens 35
through partnerships with both Norland and Miami Carol City Senior High Schools, and 36
the Departments of Juvenile Justice and Corrections, and 37
WHEREAS, City staff is recommending funding to the Prosperity Social & 38
Community Development Group, Inc., (PSCDG), in the amount of Ten Thousand 39
Dollars ($10,000.00), for the 2015-2016 program year, 40
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 41
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 42
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 43
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 44
made a specific part of this Resolution. 45
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 46
hereby allocates Fiscal Year 2015-2016 Community Development Block Grant 47
(“CDBG”) Public Service Funds, in the amount of Ten Thousand Dollars ($10,000.00) to 48
Prosperity Social & Community Development Group, Inc., (PSCDG); and authorizes the 49
City Manager and the City Clerk to execute and attest, respectively that certain 50
Subrecipient Agreement for this purpose, attached hereto as Exhibit “A”. 51
Section 3: INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 52
authorized to obtain two (2) fully executed copies of the subject Agreement with one to 53
be maintained by the City, and one to be delivered to Prosperity Social & Community 54
Development Group, Inc., (PSCDG). 55
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Section 4: EFFECTIVE DATE: This Resolution shall take effect immediately 56
upon its final passage. 57
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 58
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 59
60
___________________________________ 61
OLIVER GILBERT, III, MAYOR 62
63 64 ATTEST: 65
66
67
__________________________________ 68 RONETTA TAYLOR, MMC, CITY CLERK 69 70
71
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 72
73 74 SPONSORED BY: CAMERON D.BENSON, CITY MANAGER 75
76
Moved by: __________________ 77
78 VOTE: _________ 79 80
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 81
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 82
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 83 Councilman David Williams Jr ____ (Yes) ____ (No) 84 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 85
Councilman Rodney Harris ____ (Yes) ____ (No) 86
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 87
88
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1
CITY OF MIAMI GARDENS, FLORIDA
COMMUNITY DEVELOPMENT BLOCK GRANT
PUBLIC SERVICES PROGRAM AGREEMENT
THIS AGREEMENT (hereinafter the “Agreement”) is entered into this 1st day
of October, 2015, between the City of Miami Gardens, a municipal corporation of the State of
Florida (hereinafter referred to as the “CITY”) and _____________________, Inc., a Florida
not for profit corporation (hereinafter referred to as the “SUBRECIPIENT”).
FUNDING SOURCE: Community Development Block Grant Funds
AMOUNT:
TERM OF THE AGREEMENT: October 1, 2015 through September 30, 2016
IDIS NUMBER: (to be completed by the City): ________
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein set
forth, the parties understand and agree as follows:
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 D Certification Regarding Lobbying Form
Exhibit E Certification Regarding Debarment, Suspension and other
Responsibility Matters (Primary Covered Transactions Form).
Exhibit F Crime Entity Affidavit
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1.2 DEFINED TERMS. As used herein the following terms shall mean:
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,
designs, electronic tapes, computer drives and
diskettes or surveys.
CDBG Program: Community Development Block Grant Program.
CDBG Requirements: The requirements contained in 24 CFR Part 570,
Rule 9I of the Florida Administrative Code and as
established by the City of Miami Gardens, Florida.
Department: The City of Miami Gardens Department of
Community Development.
Federal Award: Any federal funds received by the SUBRECIPIENT
from any source during the period of time in which
the SUBRECIPIENT is performing the obligations
set forth in this Agreement.
Low-and-Moderate A member of a low- or moderate-income family
Income Person: whose income is within specific income levels set
forth by U.S. HUD.
U.S. HUD or HUD: The United States Department of Housing and
Urban Development.
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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 term of this Agreement. These items shall be in sufficient
detail to provide a sound basis for the CITY to effectively monitor performance
by the SUBRECIPIENT under this Agreement.
2.2 The Budget Summary attached hereto as Exhibit C, which shall include: completion of
the SUBRECIPIENT’S Itemized Budget, Cost Allocation, Budget Narrative, Staff
Salaries Schedule and a copy of all subcontracts.
2.3 A list of the SUBRECIPIENT’S present officers and members of the Board (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 A letter accepting the Office of Management and Budget (“OMB”) Circular No.A-87
“Principles for Determining Costs Applicable to Grants and Agreements with State,
Local and Federally recognized Indian Tribal Governments;” OMB Circular No. A-110,
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Attachments “A” (Cash Depositories), “B” (Bonding and Insurance), “C” (Retention and
Custodial Requirements for Records), “F” (Standards for Financial Management
Systems), “H” (Monitoring and Reporting Progress Performance), “N” (Property
Management Standards), and “O” (Procurement Standards); OMB Circular Nos. A-122
and A-21: “Cost Principles for Non-Profit Organizations and Cost Principles for
Educational Institutions,” as modified by 24 CFR Section 570.502(a)(b); “Applicability
of Uniform Administrative Requirements” of the CDBG Program Regulations Final Rule
and Lead Based Paint Regulations 24 CFR Part 35.
2.10 Copy of the SUBRECIPIENT’S last federal income tax return (IRS Form 990).
2.11 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.
2.12 ADA Certification.
2.13 Drug Free Certification.
2.14 All other documents reasonably required by the CITY.
ARTICLE III
TERMS AND PROCEDURES
3.1 CITY AUTHORIZATION:
For the purpose of this Agreement, the Department will act on behalf of the CITY in the
fiscal control, programmatic monitoring and modification of this Agreement, except as otherwise
provided in this Agreement.
3.2 EFFECTIVE DATE AND TERM:
This Agreement shall begin on ___October 1, 2015 and end on September 30, 2016__.
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.
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3.4 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, impair 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 Project Sponsor shall be based on
the rates, schedules and conditions described in Exhibit “C” attached hereto, which by this
reference is incorporated into this Agreement.”
4.2 INSURANCE:
At all times during the term hereof, the SUBRECIPIENT shall maintain insurance
acceptable to the CITY. Prior to commencing any activity under this Agreement, the
SUBRECIPIENT shall furnish to the CITY original certificates of insurance indicating that the
SUBRECIPIENT is in compliance with the provisions of this Article.
4.2.1 The SUBRECIPIENT shall provide the following coverage:
(i) Commercial General Liability in an amount not less than
$300,000.00 per occurrence, $1,000,000.00 aggregate, protecting
the CITY and the SUBRECIPIENT against liability incidental to
the use of, or resulting from an accident occurring on or about, its
property.
(ii) Automobile liability for all owned vehicles and for non-owned and
hired automobiles in the amount of $300,000 combined single limit
for bodily and property damage and/or split limits in the amount of
$100,000/$300,000 for bodily injury and $100,000 for property
damage.
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(iii) Workers' compensation insurance as required by the laws of the
State of Florida.
(iv) Sexual Abuse coverage in an amount not less than $1,000,000.00
per occurrence (Only required for those agencies providing
services to and/or working with children under the age of 18.)
4.2.2 All such insurance shall insure the CITY as the primary additional insured. The
SUBRECIPIENT shall be required to furnish evidence of any other insurance
coverage the CITY may reasonably require during the term of this Agreement.
All such policies shall require the insurance carrier to give the CITY at least 30
days prior written notice of termination, cancellation, expiration or modification,
and all such policies shall be written by insurance companies satisfactory to the
CITY.
4.2.3 Crime Policy (Employee Coverage) for all persons handling funds received or
disbursed under this Agreement in an amount equal to or greater than one third
(1/3) the amount of the grant of funds hereunder. The CITY shall be named as
Loss Payee.
4.2.4 Compliance with the foregoing requirements shall not relieve the
SUBRECIPIENT of its liability and obligations under this section or under any
other section of this Agreement.
4.2.5 SUBRECIPIENT shall apply and obtain any other insurance coverage that the
CITY may require for the execution of the Agreement.
4.2.6. SUBRECIPIENT shall indemnify, defend and hold harmless the City and its
officials, employees and agents (collectively referred to as “Indemnities”) and
each of them from and against all loss, costs, penalties, fines, damages, claims,
expenses (including attorney’s fees) or liabilities (collectively referred to as
“Liabilities”) by reason of any injury to or death of any person or damage to or
destruction or loss of any property arising out of, resulting from, or in connection
with (i) the performance or non-performance of the services contemplated by this
Agreement which is caused, in whole or in part, by any act, omission, default or
negligence (whether active or passive) of SUBRECIPIENT or its employees,
agents or subcontractors, or (ii) the failure of the SUBRECIPIENT to comply
with any of the paragraphs herein or the failure of the SUBRECIPIENT to
conform to statutes, ordinances, or other regulations or requirements of any
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governmental authority, federal or state, in connection with the performance of
this Agreement. SUBRECIPIENT expressly agrees to indemnify and hold
harmless the Indemnities, or any of them, from and against all liabilities which
may be asserted by an employee or former employee of SUBRECIPIENT, or any
of its subcontractors, as provided above, for which the SUBRECIPIENT’S
liability to such employee or former employee would otherwise be limited to
payments under state Workers’ Compensation or similar laws.
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 three 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, not to constitute allowable expenditures. Any payments made to the
SUBRECIPIENT are subject to reduction for overpayments on previously submitted invoices.
4.4 RECAPTURE OF FUNDS:
The CITY reserves the right to recapture funds in the event that the SUBRECIPIENT
shall fail: (i) to comply with the terms of this Agreement, or (ii) to accept conditions imposed by
the CITY at the direction of the federal, state and local agencies.
4.5 CONTINGENCY CLAUSE:
Funding pursuant to this Agreement is contingent on the availability of funds and
continued authorization for CDBG Program activities, and is also subject to amendment or
termination due to lack of funds or authorization, reduction of funds, and/or changes in
regulations.
ARTICLE V
AUDIT
5.1 As a necessary part of this Agreement, the SUBRECIPIENT shall adhere to the following
audit requirements:
5.1.1 If the SUBRECIPIENT expends $750,000 or more in the fiscal year in Federal
awards it shall have a single audit or program specific audit conducted for that
year. The audit shall be conducted in accordance with GAGAS and OMB
Circular A-133. The audit shall determine whether the financial statements are
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presented fairly in all material respects in conformity with generally accepted
accounting principles.
In addition to the above requirements, the auditor shall perform procedures to
obtain an understanding of internal controls and perform sufficient testing to
ensure compliance with the procedures. Further the auditor shall determine
whether the SUBRECIPIENT has complied with laws, regulations and the
provisions of this Agreement.
A reporting package shall be submitted within the earlier of 30 days after receipt
of the auditor’s 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 findings; 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 $750,000 in the fiscal year in Federal
awards it is exempted from Federal audit requirements for that year and
consequently the audit cost is not a reimbursable expense. The City, however,
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may request the SUBRECIPIENT to have a limited scope audit for monitoring
purposes. These limited scope audits will be paid for and arranged by the City
and address only one or more of the following types of compliance requirements:
activities allowed or unallowed; allowable costs/cost principles; eligibility;
matching, level of effort, earmarking; and, reporting.
All reports presented to the City shall, where applicable, include sufficient information to
provide a proper perspective for judging the prevalence and consequences of the findings,
such as whether an audit finding represents an isolated instance or a systemic problem.
Where appropriate, instances identified shall be related to the universe and the number of
cases examined and quantified in terms of dollar value.
ARTICLE VI
RECORDS AND REPORTS
6.1 The SUBRECIPIENT shall establish and maintain sufficient records to enable the CITY
to determine whether the SUBRECIPIENT has met the requirements of the CDBG Program.
At a minimum, the following records shall be maintained by the SUBRECIPIENT:
6.1.1 Records providing a full description of each activity assisted (or being assisted)
with CDBG Funds, including its location (if the activity has a geographical locus),
the amount of CDBG Funds budgeted, obligated and expended for the activity,
and the specific provision in 24 CFR Subpart C of the CDBG Program regulations
under which the activity is eligible.
6.1.2 Records demonstrating that each activity undertaken meets one of the criteria set
forth in 24 CFR 570.208 of the CDBG Program regulations. Where information
on income by family size is required, the SUBRECIPIENT may substitute
evidence establishing that the person assisted qualified under another program
having income qualification criteria at least as restrictive as that used in the
definitions of “low- and moderate-income person” and “low- and moderate-
income household” as set forth in 24 CFR 570.3; or, the SUBRECIPIENT may
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
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HUD’s criteria and agrees to maintain documentation 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:
(a) The boundaries of the service area;
(b) The income characteristics of families and unrelated individuals in
the service area; and
(c) If the percent of low- and moderate-income persons in the service
area is less than 51 percent, data showing that the area qualifies
under the exception criteria set forth in 24 CFR 570.208(a)(1)(ii);
(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 elderly persons, severely disabled persons, battered
spouses, abused children, the homeless, illiterate persons, persons
living with AIDS, or migrant farm workers, for which the
regulations provide presumptive benefit to low- and moderate-
income persons; or
(b) Documentation describing how the nature and, if applicable, the
location of the facility or service establishes that it is used
predominantly by low- and moderate-income persons; or
(c) Data showing the size and annual income of the household of each
person receiving the benefit.
6.1.3 Equal Opportunity Records containing:
(i) Data on the extent to which each racial and ethnic group and single-
headed households (by gender of household head) have applied for,
participated in, or benefited from, any program or activity funded in whole
or in part with CDBG Funds. Such information shall be used only as a
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basis for further investigation relating to compliance with any requirement
to attain or maintain any particular statistical measure by race, ethnicity,
disability or gender in covered programs.
(ii) Documentation of actions undertaken to meet the requirements of 24 CFR
570.607(b) which implements Section 3 of the Housing and Urban
Development Act of 1968, as amended (12 U.S.C. 1701U) relative to the
hiring and training of low- and moderate-income persons and the use of
local businesses.
6.1.4 Financial records, in accordance with the applicable requirements listed in 24
CFR 570.502.
6.1.5 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 three (3) years from the expiration/termination of this Agreement (the
“Retention Period”). All books of account and supporting documentation shall be
kept by the SUBRECIPIENT at least until the expiration of the Retention Period.
The SUBRECIPIENT shall maintain records sufficient to meet the requirements
of 24 CFR 570. All records and reports required herein shall be retained and
made accessible as provided thereunder. The SUBRECIPIENT further agrees to
abide by Chapter 119, Florida Statutes, as the same may be amended from time to
time, pertaining to public records.
The SUBRECIPIENT shall ensure that the Agreement Records shall be at all
times subject to and available for full access and review, inspection and audit by
the CITY, federal personnel and any other personnel duly authorized by the
CITY.
6.2.2 The 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
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when services are eligible substantive project and/or programmatic activities and
subject to the audit and record-keeping requirements described in this Agreement
6.2.3 If the CITY or the 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 part of the final
closeout procedure, of the address where all Agreement Records will be retained.
6.2.5 The SUBRECIPIENT shall obtain the prior written consent of the Department to
the disposal of any Agreement Records within one year after the expiration of the
Retention Period.
6.3 PROVISION OF RECORDS:
6.3.1 At any time upon request by the Department, the SUBRECIPIENT shall provide
all Agreement Records to the Department. The requested Agreement Records
shall become the property of the Department without restriction, reservation, or
limitation on their use. The Department shall have unlimited rights to all books,
articles, or other copyrightable materials developed in the performance of this
Agreement. These rights include the right of royalty-free, nonexclusive, and
irrevocable license to reproduce, publish, or otherwise use, and to authorize others
to use the Work Program for public purposes.
6.3.2 If the SUBRECIPIENT receives funds from, or is under regulatory control of,
other governmental agencies, and those agencies issue monitoring reports,
regulatory examinations, or other similar reports, the SUBRECIPIENT shall
provide a copy of each such report and any follow-up communications and reports
to the Department immediately upon such issuance, unless such disclosure would
be prohibited by any such issuing agency.
6.4 MONITORING:
The SUBRECIPIENT shall permit the Department and other persons duly authorized by
the Department to inspect all Agreement Records, facilities, goods, and activities of the
SUBRECIPIENT which are in any way connected to the activities undertaken pursuant to the
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terms of this Agreement, and/or interview any clients, employees, subcontractors or assignees of
the SUBRECIPIENT. Following such inspection or interviews, the Department will deliver to
the SUBRECIPIENT a report of its findings. The SUBRECIPIENT will rectify all deficiencies
cited by the Department within the specified period of time set forth in the report or provide the
Department with a reasonable justification for not correcting the same. The Department will
determine in its sole and absolute discretion whether or not the SUBRECIPIENT’S justification
is acceptable.
At the request of the CITY, the SUBRECIPIENT shall transmit to the CITY written
statements of the SUBRECIPIENT’s official policies on specified issues relating to the
SUBRECIPIENT’s activities. The CITY will carry out monitoring and evaluation activities,
including visits and observations by CITY staff; the SUBRECIPIENT shall ensure the
cooperation of its employees and its Board members in such efforts. Any inconsistent,
incomplete, or inadequate information either received by the CITY or obtained through
monitoring and evaluation by the CITY, shall constitute cause for the CITY to terminate this
Agreement.
6.5 RELATED PARTIES:
The 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 SUBRECIPIENT 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.
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7.3 The SUBRECIPIENT shall comply with all applicable provisions of 24 CFR Part 570
and shall carry out each activity in compliance with all applicable federal laws and regulations
described therein.
7.4 The SUBRECIPIENT shall cooperate with the Department in informing the appropriate
citizen participation structures, including the appropriate area committees, of the activities of the
SUBRECIPIENT in adhering to the provisions of this Agreement. Representatives of the
SUBRECIPIENT shall attend meetings of the appropriate committees and citizen participation
structures upon the request of the citizen participation officers or the Department.
7.5 The SUBRECIPIENT shall, to the greatest possible, give low-and-moderate-income
residents of the service area(s) opportunities for training and employment.
7.6 NON-DISCRIMINATION: The SUBRECIPIENT shall not discriminate on the basis of
race, color, national origin, sex, religion, age, marital or family status or handicap in connection
with the activities and/or the Work Program or its performance under this Agreement.
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.
7.7 The SUBRECIPIENT shall carry out its Work Program in compliance with all federal
laws and regulations, including those described in Subpart K of the CDBG Program regulations
(24 CFR 570.600-612).
7.8 The 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.
7.9 The SUBRECIPIENT shall abide by the Federal Labor Standards provisions of U.S.
HUD Form 4010 incorporated herein as part of this Agreement.
7.10 UNIFORM ADMINISTRATIVE REQUIREMENTS. The SUBRECIPIENT shall
comply with the requirements and standards of OMB Circular No. A-122, “Cost Principles for
Non-Profit Organizations” and with the applicable requirements of 2 CFR Part 200 (the revised
OMB Circular No. A-110).
7.11 RELIGIOUS ORGANIZATIONS/CONSTITUTIONAL PROHIBITION. If the
SUBRECIPIENT is or was created by a religious organization, the SUBRECIPIENT agrees that
all CDBG Funds disbursed under this Agreement shall be subject to the conditions, restrictions,
and limitations of 24 CFR Part 570.200(j).
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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.
7.12 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.
7.13 ENFORCEMENT OF THIS AGREEMENT. Any violation of this Agreement that
remains uncured thirty (30) days after the SUBRECIPIENT’S receipt of notice from the CITY
(by certified or registered mail) of such violation may, at the option of the CITY, be addressed
by an action for damages or equitable relief, or any other remedy provided at law or in equity. In
addition to the remedies of the CITY set forth herein, if the SUBRECIPIENT materially fails to
comply with the terms of this Agreement, the CITY may suspend or terminate this Agreement in
accordance with 2 CFR Part 200.339, as set forth more fully below in Article IX of this
Agreement.
7.14 The SUBRECIPIENT shall not assume the CITY’s environmental responsibilities
described at 24 CFR 570.604 of the CDBG Program regulations nor the CITY’s responsibility
for initiating the review process under Executive Order 12372.
ARTICLE VIII
PROGRAM INCOME
8.1 Program income means gross income received by the SUBRECIPIENT which has been
directly generated from the use of the CDBG Funds. When such income is generated by an
activity that is only partially assisted with the CDBG Funds, the income shall be prorated to
reflect the percentage of CDBG Funds used. Program income generated by CDBG funded
activities shall be used only to undertake those activities specifically approved by the CITY on
and for the Work Program. All provisions of this Agreement shall apply to such activities. Any
program income on hand when this Agreement expires/terminates or received after such
expiration/termination shall be paid to the CITY, as required by 24 CFR 570.503(b)(7) of the
CDBG Program regulations.
The SUBRECIPIENT shall submit to the CITY monthly a Program Income Report and a
Work Program Status Report. The Program Income Report shall identify CDBG activities in
which income was derived and how income has been utilized.
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8.2 REPAYMENTS. Any interest or other return on the investment of the CDBG Funds
shall be remitted to the CITY on a monthly basis. Any CDBG Funds funded to the
SUBRECIPIENT that do not meet the eligibility requirements, as applicable, must be repaid to
the CITY.
ARTICLE IX
REMEDIES, SUSPENSION, TERMINATION
9.1 REMEDIES FOR NONCOMPLIANCE. The CITY retains the right to terminate this
Agreement at any time prior to the completion of the services required pursuant to this
Agreement without penalty to the CITY. In that event, notice of termination of this Agreement
shall be in writing to the SUBRECIPIENT, who shall be paid for those services performed prior
to the date of its receipt to the notice of termination. In no case, however, shall the CITY pay the
SUBRECIPIENT an amount in excess of the total 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 terms 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 SUBRECIPIENT.
9.1.5 Take all such other remedies that may be legally available.
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
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17
determined by the Department in its sole and absolute discretion, and may
include:
(i) Ineffective or improper use of the CDBG Funds by the SUBRECIPIENT;
(ii) Failure by the SUBRECIPIENT to 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 SUBRECIPIENT in writing of any action taken
pursuant to this Article, by certified mail, return receipt requested, or by in person
delivery with proof of delivery. The notification will include the reason(s) for
such action, any conditions relating to the action taken, and the necessary
corrective action(s).
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 allocated to fund this Agreement, the Department may terminate this
Agreement upon not less than twenty-four (24) hours prior notice in writing to the
SUBRECIPIENT. Said notice shall be delivered by certified mail, return receipt
requested, or by in person delivery with proof of delivery. In the event that the
CITY’S funding source reduces the CITY’S entitlement under the CDBG
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.
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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 terms of any other agreement
or obligation of any kind or nature whatsoever of the SUBRECIPIENT to the
CITY, direct or contingent, whether now or hereafter due, existing, created or
arising.
9.3.3 Unless the SUBRECIPIENT’S breach is waived by the Department in writing, the
Department may, by written notice to the SUBRECIPIENT, terminate this
Agreement upon not less than twenty-four (24) hours prior written notice. Said
notice shall be delivered by certified mail, return receipt requested, or by in
person delivery with proof of delivery. Waiver of breach of any provision of this
Agreement shall not be deemed to be a waiver of any other breach and shall not
be construed to be a modification of the terms of this Agreement. The provisions
hereof are not intended to be, and shall not be, construed to limit the Department’s
right to legal or equitable remedies.
ARTICLE X
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
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
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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 without the prior written consent of the CITY.
10.4 AWARD OF AGREEMENT. The SUBRECIPIENT warrants that is 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
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 Gardens (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 Procurement. The SUBRECIPIENT shall comply with the standards contained
within 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
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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 All 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
or by registered mail addressed to the other party at the address indicated herein
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 GARDENS
Laurin Yoder Department of Community Development 18605 N.W. 27th Avenue
Miami Gardens, Florida 33056
SUBRECIPIENT
10.10.2 Title and paragraph headings are for convenient reference and are not a part of
this Agreement.
10.10.3 In the event of conflict between the terms of this Agreement and any terms or
conditions contained in any attached documents, the terms in this Agreement shall
control.
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 phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid,
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illegal or otherwise unenforceable under the laws of the State of Florida or the
City of Miami Gardens, such provision, paragraph, sentence, word or phrase shall
be deemed modified to the extent necessary in order to conform with such laws,
or if not modifiable to conform with such laws, then same shall be deemed
severed, and in either event, the remaining terms and provisions of this
Agreement shall remain unmodified and in full force and effect.
10.11 INDEPENDENT CONTRACTOR. THE SUBRECIPIENT and its employees
and agents shall be deemed to be independent contractors and not agents or employees of the
CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances
of the CITY or any rights generally afforded classified or unclassified employees; further, they
shall not be deemed entitled to the Florida Worker’s Compensation benefits as employees of the
CITY.
10.12 SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the
parties hereto, and their respective heirs, executors, legal representatives, successors, and
assigns.
10.13 SUBRECIPIENT CERTIFICATION. The SUBRECIPIENT certifies that it
possesses the legal authority to enter into this Agreement pursuant to authority that has been duly
adopted or passed as an official act of the 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
SUBRECIPIENT to act in connection with this Agreement and to provide such information as
may be required.
10.14 COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAWS. To the extent
required by law, the SUBRECIPIENT shall comply with the public records laws in accordance
with Chapter 119, Florida Statutes. Specifically, the SUBRECIPIENT agrees to comply with
Section 119.0701, Florida Statutes. Public records shall mean all documents, papers, letters,
maps, books, tapes, photographs, films, sound recordings, data processing software, or other
material, regardless of the physical form, characteristics, or means of transmission, made or
received pursuant to law or ordinance or in connection with the transaction of official business
by any agency, as defined in Section 119.011, Florida Statutes, as amended. The City shall make
the sole determination of which records, if any, are exempt from inspection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their
respective officials thereunto duly authorized on the date above written.
SUBRECIPIENT
a Florida not-for-profit corporation
ATTEST:
__________________________________ By:
Corporate Secretary Date Name: Date
Title:
SEAL
CITY OF MIAMI GARDENS, a municipal
Corporation of the State of Florida
ATTEST:
__________________________________ By:
Ronetta Taylor, MMC Date Cameron D. Benson Date
City Clerk City Manager
APPROVED AS TO APPROVED FOR LEGAL
INSURANCE REQUIREMENTS: SUFFICENCY:
___________________________________ Melissa Negron, Director Date Sonja K. Dickens Date
Human Resources/Risk Management City Attorney
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City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: September 9, 2015 Item Type: (Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact: (Enter X in box)
Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading
X Public Hearing:
(Enter X in box)
Yes No Yes No
X
Funding Source:
Community
Development Block
Grant (CDBG) Fund
Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required: (Enter X in box)
Yes No RFP/RFQ/Bid #: N/A
X
Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational
Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image
Communication
Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X
Sponsor Name
Cameron Benson,
City Manager
Department:
Community Development
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, ALLOCATING FISCAL YEAR 2015-2016
COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) PUBLIC SERVICE FUNDS, IN THE AMOUNT OF SIXTY THOUSAND DOLLARS ($60,000.00) TO SUNSHINE FOR ALL, INC.; AUTHORIZING THE CITY
MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST,
RESPECTIVELY THAT CERTAIN SUBRECIPIENT AGREEMENT FOR
THIS PURPOSE, ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE
DATE.
Staff Summary:
Background:
Annually, the City of Miami Gardens sets aside Community Development Block Grant (CDBG) funds for
Item J-8) Public Hearing
Resolution
CDBG/Sunshine For All, Inc.
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the provision of public services (also referred to as social services) to Miami Gardens’ residents. U.S.
HUD regulations allows for up to 15% of the City’s annual CDBG allocation to be used for public service
programs. The City’s Department of Community Development makes these funds available to interested
non-profit, community-based organizations applying through a formal Request for Proposal (RFP)
process. For the 2015-16 fiscal year a total of $150,096.00 (15% of annual CDBG allocation) is available in
the Public Services category. This is nearly level funding from last year.
A RFP was made available on April 1, 2015. City staff held two (2) Technical Assistance (TA) Workshops
on March 31, 2015 and April 9, 2015, at which approximately twenty (20) agencies were informed of the
program guidelines and requirements. Additionally, a Pre-Proposal meeting was also held on April 9,
2015 where four (4) agencies attended and were given the opportunity to ask specific questions about
the RFP.
Proposals were due on April 29, 2015 by 4:00 p.m. A total of twelve (12) proposals were submitted.
Eight (8) high scoring agencies are being recommended to Council to receive funding for the 2015-2016
program year. They are as follows:
1. Carrfour Supporting Housing, Inc. $ 9,000.00
2. JPM Centre at Miami Gardens Drive, Inc. $ 17,600.00
3. Kristi House, Inc. $ 15,000.00
4. Mt. Pisgah Seventh Day Adventist Church $ 12,000.00
5. North Dade Youth & Family Coalition $ 10,500.00
6. Prosperity Social & Community Dev. Group, Inc. $ 10,000.00
7. Sunshine for All, Inc. $ 60,000.00
8. Switchboard of Miami $ 15,996.00
$150,096.00
Current Situation:
Below is a summary for each organization and their proposed program:
Carrfour Supportive Housing, Inc. was founded by the Greater Miami Chamber of Commerce in 1993
with a mission to confront homelessness by developing affordable housing and providing supportive
services. They provide an afterschool and mentoring program for 40 formerly homeless families
relocated to Del Prado Gardens, one of Carrfour’s permanent supportive housing developments in
Miami Gardens. Carrfour aftercare/mentoring program offers a comprehensive curriculum that includes
a minimum of five core components; (1) literacy (2) physical activity and fitness (3) social skills – building
(4) family involvement and (5) nutrition. Carrfour services are provided on site at the Del Prado Gardens
daily from 3:30 p.m. to 7:30 p.m. and an all day activity one Saturday a month focusing on enhancing the
community. The program was previously funded at $9,000 in FY 2014-15 and to date has served as many
as 42 youth. Staff is recommending continued funding at an equal level for FY 2015-16.
JPM Center at Miami Gardens Drive, Inc. is a non-profit, faith-based organization located in Miami
Gardens that administers an after school program to low & moderate income youth who live in Miami
Gardens. The program focuses on engaging youth during the after-school hours between 3-6 pm,
Tuesday through Friday. It includes reading literacy, computer skills and athletic activities, as well as
teaching self-esteem, effective communication skills, good decision making techniques, anger
management, conflict resolution and technical skills; all which build strong, solid character and values, as
they become adults. In addition, parents/guardians of participants receive training workshops on
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positive parenting styles, discipline techniques and communication styles. The City has funded the
program since 2008, and for FY 2014-15 awarded JPM $14,600 to serve twenty-five (25) youth. The
students participate in daily reading and math literacy exercises and as a result 83% of students have
shown an improvement in their math skill and 91% have improved their reading skills. Staff is
recommending continued funding of this program.
Kristi House Inc. is a non-profit organization that offers specialized and coordinated services for children
who are victims of sexual abuse. Through the Kristi House program, clients will benefit from a healing
environment for child victims of abuse and their families, regardless of income, through prevention,
treatment and coordination of services with community partners. The City has previously funded this
program in 2014-15 at $12,500, which has served as many as 31 youth and their families at their North
Office, located at 18841 NW 2 Avenue, over the contract period. The case coordinator provides
comprehensive wrap-around services and therapist meet weekly with clients to provide mental health
intervention services. As a result, 93% of cases closed successfully with families meeting the goals
identified in their service plans. Seventy-five percent (75%) reported improved or stable behavioral and
social function for their child. Staff is recommending continued funding of this program.
Mt. Pisgah Seventh-day Adventist Church is a faith-based, non-profit organization that provides
programs that address issues facing low-income families such as food insecurity and sustainability.
Located at 3340-50 NW 215th Street in Miami Gardens, Mt. Pisgah’s Food Pantry has been in operation
since 2005 and is open the 2nd and 4th Wednesday of every month from 2:30 p.m. – 4:30 p.m. In 2014
the Food Pantry distributed over 210,000 pounds of food to 6,320 families with over 27,180 individuals.
In partnership with Feeding South Florida and Farm Share, who provide donated food and recovered
produce for distribution, Mt. Pisgah is on target to serve over 6,500 households with a projected number
of 27,796 persons who are at or below the poverty level in 2015. Without services provided by the food
pantry to seniors, many of the seniors would likely experience hunger resulting in poor health and
malnutrition. The City is currently funding this program at $10,000 which has served 316 low-income
seniors thus far this year. Staff is recommending continued funding at an increased amount of $12,000.
North Dade Youth & Family Coalition (NDYFC) (aka Youth Violence Prevention Coalition) was established
in 2006 following a wave of shooting deaths involving youth. Since its inception NDYFC has been the
community catalyst for intake assessment, information and referrals to residents in need of support
services living in the City of Miami Gardens. Since 2013, NDYFC has served 588 households through care
coordination/wraparound services, community policing and positive youth development activities with
successful results. Previously the City funded NDYFC’s All 4 You Program in FY 2014-15. However this
year NDYFC has proposed a new program, the NDYFC Network, which will provide wraparound care
coordination services to school age youth, ages 5-18, who are identified as at-risk of frequent school
absenses, suspensions from school, failing academically and/or involved in violence and crime at home,
school or in the community, with overall goals to improve academic performance and school
attendance. NDYFC proposes to serve 50 youth throughout the program year.
Prosperity Social & Community Development Group, Inc. (PSCDG) is a non-profit organization founded in
2011 to provide literacy and job readiness skills to women and girls throughout Miami-Dade County.
PSCDG proposes to implement an expanded version of their NOW (Needing Opportunities to Win)
Project to the Miami Gardens community. The program will provide literacy, job training, financial
literacy, career guidance, and support groups to both high school boys and girls, ages 15-21, who are
dropouts, potential dropouts, unemployed, pregnant teens and re-entries from the corrections system.
They will serve 60 youth from the City of Miami Gardens through their partnerships with both Norland
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and Miami Carol City Senior High Schools and the Departments of Juvenile Justice and Corrections. Staff
is recommending funding of this new organization and program to serve a currently unmet need in the
community.
Sunshine For All, Inc. is a non-profit organization that delivers in-home meals to low & moderate income
seniors and disabled persons who live in Miami Gardens. Eligible meal recipients receive one hot meal
per day, five days a week, Monday through Friday. Meals are selected by a licensed and registered
dietician in order to assure that they meet the recommended dietary allowances. Currently, Sunshine is
serving 54 clients under the FY 2014-2015 contract in the amount of $80,000. City staff is recommending
continued funding of the program but at a reduced amount of $60,000.
Switchboard of Miami, Inc. is a non-profit organization that provides crisis counseling and information
and referral services to Miami-Dade County residents. Switchboard created the Seniors Never Alone
Program (SNAP), a telephone reassurance service to individuals sixty-five (65) years of age or older,
residing in Miami-Dade County, that live alone or are alone for the majority of the day. SNAP provides
in-bound phone coverage 24 hours/7 days a week and out-bound case managed calls to seniors enrolled
in the program. Seniors are assigned a Reassurance Specialist and, at a minimum, receive two (2)
management calls per week. Because Switchboard houses the County’s only comprehensive social
services database, the clients have a built-in resource for additional assistance and referrals. The City is
currently funding this program in the amount of $12,877, serving a total of 66 seniors over the FY 2014-
15 contract period. Staff is recommending continued support at an increased amount of $15,996.
All clients served through these programs are Miami Gardens residents. Contract periods for service for
all the above organizations will begin October 1, 2015 through September 30, 2016. Staff will monitor
each organization throughout the contract period to ensure they comply with all Federal CDBG and City
of Miami Gardens requirements.
A resolution is required in order to allocate CDBG Funds to the above organizations. Subsequent to
Council approval of staff’s recommendation, sub-recipient agreements will be executed between the
City and the above referenced organizations in which the scope of services, performance deliverables,
and funding distribution will be outlined.
Fiscal Impact:
The City FY 2015-16 award of CDBG grant is $1,000,644. Fifteen (15%) percent of this allocation which is
$150,096 is available for Public Services expenses. The above allotment to the various agencies totaled
to the amount that is within the budget in the Public Service category.
Proposed Action:
That the City Council approves the attached resolution.
Attachment:
• Public Services Scores & Summary Table
• Sub-recipient Agreement (FY 2015-2016)
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RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, ALLOCATING FISCAL YEAR 2015-4 2016 COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) 5
PUBLIC SERVICE FUNDS, IN THE AMOUNT OF SIXTY 6
THOUSAND DOLLARS ($60,000.00) TO SUNSHINE FOR ALL, 7
INC.; AUTHORIZING THE CITY MANAGER AND THE CITY 8 CLERK TO EXECUTE AND ATTEST, RESPECTIVELY THAT 9 CERTAIN SUBRECIPIENT AGREEMENT FOR THIS PURPOSE, 10
ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR 11
INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE 12
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 13 EFFECTIVE DATE. 14 15
WHEREAS, annually the City makes available Community Development Block 16
Grant (“CDBG”) funds for the provision of public services to Miami Gardens residents, 17
and 18
WHEREAS, these funds are made available to interested non-profit and 19
community based organizations applying through a formal request for a proposal 20
process, and 21
WHEREAS, this year, a total of One Hundred Fifty Thousand Ninety Six Dollars 22
($150,096.00), is available for non-profit organizations under the public service 23
category, and 24
WHEREAS, the City issued a RFP for the 2015-2016 year, Public Service Grant 25
on April 1, 2015, and 26
WHEREAS, a total of twelve (12) proposals were submitted, and 27
WHEREAS, eight (8) of the highest scoring agencies are being recommended to 28
the City Council to receive funding for the 2015-2016 program year, and 29
WHEREAS, Sunshine For All, Inc. is a non-profit organization that delivers in-30
home meals to low and moderate income seniors and disabled persons who reside in 31
the City of Miami Gardens, and 32
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WHEREAS, City staff is recommending funding to Sunshine For All, Inc., in the 33
amount of Sixty Thousand Dollars ($60,000.00), for the 2015-2016 program year, 34
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 35
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 36
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 37
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 38
made a specific part of this Resolution. 39
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 40
hereby allocates Fiscal Year 2015-2016 Community Development Block Grant 41
(“CDBG”) Public Service Funds, in the amount of Sixty Thousand Dollars ($60,000.00) 42
to Sunshine For All, Inc., and authorizes the City Manager and the City Clerk to execute 43
and attest, respectively that certain Subrecipient Agreement for this purpose, attached 44
hereto as Exhibit “A”. 45
Section 3: INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 46
authorized to obtain two (2) fully executed copies of the subject Agreement with one to 47
be maintained by the City, and one to be delivered to Sunshine For All, Inc. 48
Section 4: EFFECTIVE DATE: This Resolution shall take effect immediately 49
upon its final passage. 50
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 51
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 52
53
___________________________________ 54 OLIVER GILBERT, III, MAYOR 55 56
57
58
59
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ATTEST: 60
61
62 __________________________________ 63 RONETTA TAYLOR, MMC, CITY CLERK 64
65
66
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 67 68 69
SPONSORED BY: CAMERON D.BENSON, CITY MANAGER 70
71
Moved by: __________________ 72 73 VOTE: _________ 74
75
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 76
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 77 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 78 Councilman David Williams Jr ____ (Yes) ____ (No) 79
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 80
Councilman Rodney Harris ____ (Yes) ____ (No) 81
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 82
83
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CITY OF MIAMI GARDENS, FLORIDA
COMMUNITY DEVELOPMENT BLOCK GRANT
PUBLIC SERVICES PROGRAM AGREEMENT
THIS AGREEMENT (hereinafter the “Agreement”) is entered into this 1st day
of October, 2015, between the City of Miami Gardens, a municipal corporation of the State of
Florida (hereinafter referred to as the “CITY”) and _____________________, Inc., a Florida
not for profit corporation (hereinafter referred to as the “SUBRECIPIENT”).
FUNDING SOURCE: Community Development Block Grant Funds
AMOUNT:
TERM OF THE AGREEMENT: October 1, 2015 through September 30, 2016
IDIS NUMBER: (to be completed by the City): ________
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein set
forth, the parties understand and agree as follows:
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 D Certification Regarding Lobbying Form
Exhibit E Certification Regarding Debarment, Suspension and other
Responsibility Matters (Primary Covered Transactions Form).
Exhibit F Crime Entity Affidavit
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1.2 DEFINED TERMS. As used herein the following terms shall mean:
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,
designs, electronic tapes, computer drives and
diskettes or surveys.
CDBG Program: Community Development Block Grant Program.
CDBG Requirements: The requirements contained in 24 CFR Part 570,
Rule 9I of the Florida Administrative Code and as
established by the City of Miami Gardens, Florida.
Department: The City of Miami Gardens Department of
Community Development.
Federal Award: Any federal funds received by the SUBRECIPIENT
from any source during the period of time in which
the SUBRECIPIENT is performing the obligations
set forth in this Agreement.
Low-and-Moderate A member of a low- or moderate-income family
Income Person: whose income is within specific income levels set
forth by U.S. HUD.
U.S. HUD or HUD: The United States Department of Housing and
Urban Development.
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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 term of this Agreement. These items shall be in sufficient
detail to provide a sound basis for the CITY to effectively monitor performance
by the SUBRECIPIENT under this Agreement.
2.2 The Budget Summary attached hereto as Exhibit C, which shall include: completion of
the SUBRECIPIENT’S Itemized Budget, Cost Allocation, Budget Narrative, Staff
Salaries Schedule and a copy of all subcontracts.
2.3 A list of the SUBRECIPIENT’S present officers and members of the Board (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 A letter accepting the Office of Management and Budget (“OMB”) Circular No.A-87
“Principles for Determining Costs Applicable to Grants and Agreements with State,
Local and Federally recognized Indian Tribal Governments;” OMB Circular No. A-110,
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Attachments “A” (Cash Depositories), “B” (Bonding and Insurance), “C” (Retention and
Custodial Requirements for Records), “F” (Standards for Financial Management
Systems), “H” (Monitoring and Reporting Progress Performance), “N” (Property
Management Standards), and “O” (Procurement Standards); OMB Circular Nos. A-122
and A-21: “Cost Principles for Non-Profit Organizations and Cost Principles for
Educational Institutions,” as modified by 24 CFR Section 570.502(a)(b); “Applicability
of Uniform Administrative Requirements” of the CDBG Program Regulations Final Rule
and Lead Based Paint Regulations 24 CFR Part 35.
2.10 Copy of the SUBRECIPIENT’S last federal income tax return (IRS Form 990).
2.11 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.
2.12 ADA Certification.
2.13 Drug Free Certification.
2.14 All other documents reasonably required by the CITY.
ARTICLE III
TERMS AND PROCEDURES
3.1 CITY AUTHORIZATION:
For the purpose of this Agreement, the Department will act on behalf of the CITY in the
fiscal control, programmatic monitoring and modification of this Agreement, except as otherwise
provided in this Agreement.
3.2 EFFECTIVE DATE AND TERM:
This Agreement shall begin on ___October 1, 2015 and end on September 30, 2016__.
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.
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3.4 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, impair 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 Project Sponsor shall be based on
the rates, schedules and conditions described in Exhibit “C” attached hereto, which by this
reference is incorporated into this Agreement.”
4.2 INSURANCE:
At all times during the term hereof, the SUBRECIPIENT shall maintain insurance
acceptable to the CITY. Prior to commencing any activity under this Agreement, the
SUBRECIPIENT shall furnish to the CITY original certificates of insurance indicating that the
SUBRECIPIENT is in compliance with the provisions of this Article.
4.2.1 The SUBRECIPIENT shall provide the following coverage:
(i) Commercial General Liability in an amount not less than
$300,000.00 per occurrence, $1,000,000.00 aggregate, protecting
the CITY and the SUBRECIPIENT against liability incidental to
the use of, or resulting from an accident occurring on or about, its
property.
(ii) Automobile liability for all owned vehicles and for non-owned and
hired automobiles in the amount of $300,000 combined single limit
for bodily and property damage and/or split limits in the amount of
$100,000/$300,000 for bodily injury and $100,000 for property
damage.
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(iii) Workers' compensation insurance as required by the laws of the
State of Florida.
(iv) Sexual Abuse coverage in an amount not less than $1,000,000.00
per occurrence (Only required for those agencies providing
services to and/or working with children under the age of 18.)
4.2.2 All such insurance shall insure the CITY as the primary additional insured. The
SUBRECIPIENT shall be required to furnish evidence of any other insurance
coverage the CITY may reasonably require during the term of this Agreement.
All such policies shall require the insurance carrier to give the CITY at least 30
days prior written notice of termination, cancellation, expiration or modification,
and all such policies shall be written by insurance companies satisfactory to the
CITY.
4.2.3 Crime Policy (Employee Coverage) for all persons handling funds received or
disbursed under this Agreement in an amount equal to or greater than one third
(1/3) the amount of the grant of funds hereunder. The CITY shall be named as
Loss Payee.
4.2.4 Compliance with the foregoing requirements shall not relieve the
SUBRECIPIENT of its liability and obligations under this section or under any
other section of this Agreement.
4.2.5 SUBRECIPIENT shall apply and obtain any other insurance coverage that the
CITY may require for the execution of the Agreement.
4.2.6. SUBRECIPIENT shall indemnify, defend and hold harmless the City and its
officials, employees and agents (collectively referred to as “Indemnities”) and
each of them from and against all loss, costs, penalties, fines, damages, claims,
expenses (including attorney’s fees) or liabilities (collectively referred to as
“Liabilities”) by reason of any injury to or death of any person or damage to or
destruction or loss of any property arising out of, resulting from, or in connection
with (i) the performance or non-performance of the services contemplated by this
Agreement which is caused, in whole or in part, by any act, omission, default or
negligence (whether active or passive) of SUBRECIPIENT or its employees,
agents or subcontractors, or (ii) the failure of the SUBRECIPIENT to comply
with any of the paragraphs herein or the failure of the SUBRECIPIENT to
conform to statutes, ordinances, or other regulations or requirements of any
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governmental authority, federal or state, in connection with the performance of
this Agreement. SUBRECIPIENT expressly agrees to indemnify and hold
harmless the Indemnities, or any of them, from and against all liabilities which
may be asserted by an employee or former employee of SUBRECIPIENT, or any
of its subcontractors, as provided above, for which the SUBRECIPIENT’S
liability to such employee or former employee would otherwise be limited to
payments under state Workers’ Compensation or similar laws.
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 three 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, not to constitute allowable expenditures. Any payments made to the
SUBRECIPIENT are subject to reduction for overpayments on previously submitted invoices.
4.4 RECAPTURE OF FUNDS:
The CITY reserves the right to recapture funds in the event that the SUBRECIPIENT
shall fail: (i) to comply with the terms of this Agreement, or (ii) to accept conditions imposed by
the CITY at the direction of the federal, state and local agencies.
4.5 CONTINGENCY CLAUSE:
Funding pursuant to this Agreement is contingent on the availability of funds and
continued authorization for CDBG Program activities, and is also subject to amendment or
termination due to lack of funds or authorization, reduction of funds, and/or changes in
regulations.
ARTICLE V
AUDIT
5.1 As a necessary part of this Agreement, the SUBRECIPIENT shall adhere to the following
audit requirements:
5.1.1 If the SUBRECIPIENT expends $750,000 or more in the fiscal year in Federal
awards it shall have a single audit or program specific audit conducted for that
year. The audit shall be conducted in accordance with GAGAS and OMB
Circular A-133. The audit shall determine whether the financial statements are
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presented fairly in all material respects in conformity with generally accepted
accounting principles.
In addition to the above requirements, the auditor shall perform procedures to
obtain an understanding of internal controls and perform sufficient testing to
ensure compliance with the procedures. Further the auditor shall determine
whether the SUBRECIPIENT has complied with laws, regulations and the
provisions of this Agreement.
A reporting package shall be submitted within the earlier of 30 days after receipt
of the auditor’s 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 findings; 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 $750,000 in the fiscal year in Federal
awards it is exempted from Federal audit requirements for that year and
consequently the audit cost is not a reimbursable expense. The City, however,
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may request the SUBRECIPIENT to have a limited scope audit for monitoring
purposes. These limited scope audits will be paid for and arranged by the City
and address only one or more of the following types of compliance requirements:
activities allowed or unallowed; allowable costs/cost principles; eligibility;
matching, level of effort, earmarking; and, reporting.
All reports presented to the City shall, where applicable, include sufficient information to
provide a proper perspective for judging the prevalence and consequences of the findings,
such as whether an audit finding represents an isolated instance or a systemic problem.
Where appropriate, instances identified shall be related to the universe and the number of
cases examined and quantified in terms of dollar value.
ARTICLE VI
RECORDS AND REPORTS
6.1 The SUBRECIPIENT shall establish and maintain sufficient records to enable the CITY
to determine whether the SUBRECIPIENT has met the requirements of the CDBG Program.
At a minimum, the following records shall be maintained by the SUBRECIPIENT:
6.1.1 Records providing a full description of each activity assisted (or being assisted)
with CDBG Funds, including its location (if the activity has a geographical locus),
the amount of CDBG Funds budgeted, obligated and expended for the activity,
and the specific provision in 24 CFR Subpart C of the CDBG Program regulations
under which the activity is eligible.
6.1.2 Records demonstrating that each activity undertaken meets one of the criteria set
forth in 24 CFR 570.208 of the CDBG Program regulations. Where information
on income by family size is required, the SUBRECIPIENT may substitute
evidence establishing that the person assisted qualified under another program
having income qualification criteria at least as restrictive as that used in the
definitions of “low- and moderate-income person” and “low- and moderate-
income household” as set forth in 24 CFR 570.3; or, the SUBRECIPIENT may
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
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HUD’s criteria and agrees to maintain documentation 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:
(a) The boundaries of the service area;
(b) The income characteristics of families and unrelated individuals in
the service area; and
(c) If the percent of low- and moderate-income persons in the service
area is less than 51 percent, data showing that the area qualifies
under the exception criteria set forth in 24 CFR 570.208(a)(1)(ii);
(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 elderly persons, severely disabled persons, battered
spouses, abused children, the homeless, illiterate persons, persons
living with AIDS, or migrant farm workers, for which the
regulations provide presumptive benefit to low- and moderate-
income persons; or
(b) Documentation describing how the nature and, if applicable, the
location of the facility or service establishes that it is used
predominantly by low- and moderate-income persons; or
(c) Data showing the size and annual income of the household of each
person receiving the benefit.
6.1.3 Equal Opportunity Records containing:
(i) Data on the extent to which each racial and ethnic group and single-
headed households (by gender of household head) have applied for,
participated in, or benefited from, any program or activity funded in whole
or in part with CDBG Funds. Such information shall be used only as a
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basis for further investigation relating to compliance with any requirement
to attain or maintain any particular statistical measure by race, ethnicity,
disability or gender in covered programs.
(ii) Documentation of actions undertaken to meet the requirements of 24 CFR
570.607(b) which implements Section 3 of the Housing and Urban
Development Act of 1968, as amended (12 U.S.C. 1701U) relative to the
hiring and training of low- and moderate-income persons and the use of
local businesses.
6.1.4 Financial records, in accordance with the applicable requirements listed in 24
CFR 570.502.
6.1.5 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 three (3) years from the expiration/termination of this Agreement (the
“Retention Period”). All books of account and supporting documentation shall be
kept by the SUBRECIPIENT at least until the expiration of the Retention Period.
The SUBRECIPIENT shall maintain records sufficient to meet the requirements
of 24 CFR 570. All records and reports required herein shall be retained and
made accessible as provided thereunder. The SUBRECIPIENT further agrees to
abide by Chapter 119, Florida Statutes, as the same may be amended from time to
time, pertaining to public records.
The SUBRECIPIENT shall ensure that the Agreement Records shall be at all
times subject to and available for full access and review, inspection and audit by
the CITY, federal personnel and any other personnel duly authorized by the
CITY.
6.2.2 The 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
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when services are eligible substantive project and/or programmatic activities and
subject to the audit and record-keeping requirements described in this Agreement
6.2.3 If the CITY or the 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 part of the final
closeout procedure, of the address where all Agreement Records will be retained.
6.2.5 The SUBRECIPIENT shall obtain the prior written consent of the Department to
the disposal of any Agreement Records within one year after the expiration of the
Retention Period.
6.3 PROVISION OF RECORDS:
6.3.1 At any time upon request by the Department, the SUBRECIPIENT shall provide
all Agreement Records to the Department. The requested Agreement Records
shall become the property of the Department without restriction, reservation, or
limitation on their use. The Department shall have unlimited rights to all books,
articles, or other copyrightable materials developed in the performance of this
Agreement. These rights include the right of royalty-free, nonexclusive, and
irrevocable license to reproduce, publish, or otherwise use, and to authorize others
to use the Work Program for public purposes.
6.3.2 If the SUBRECIPIENT receives funds from, or is under regulatory control of,
other governmental agencies, and those agencies issue monitoring reports,
regulatory examinations, or other similar reports, the SUBRECIPIENT shall
provide a copy of each such report and any follow-up communications and reports
to the Department immediately upon such issuance, unless such disclosure would
be prohibited by any such issuing agency.
6.4 MONITORING:
The SUBRECIPIENT shall permit the Department and other persons duly authorized by
the Department to inspect all Agreement Records, facilities, goods, and activities of the
SUBRECIPIENT which are in any way connected to the activities undertaken pursuant to the
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terms of this Agreement, and/or interview any clients, employees, subcontractors or assignees of
the SUBRECIPIENT. Following such inspection or interviews, the Department will deliver to
the SUBRECIPIENT a report of its findings. The SUBRECIPIENT will rectify all deficiencies
cited by the Department within the specified period of time set forth in the report or provide the
Department with a reasonable justification for not correcting the same. The Department will
determine in its sole and absolute discretion whether or not the SUBRECIPIENT’S justification
is acceptable.
At the request of the CITY, the SUBRECIPIENT shall transmit to the CITY written
statements of the SUBRECIPIENT’s official policies on specified issues relating to the
SUBRECIPIENT’s activities. The CITY will carry out monitoring and evaluation activities,
including visits and observations by CITY staff; the SUBRECIPIENT shall ensure the
cooperation of its employees and its Board members in such efforts. Any inconsistent,
incomplete, or inadequate information either received by the CITY or obtained through
monitoring and evaluation by the CITY, shall constitute cause for the CITY to terminate this
Agreement.
6.5 RELATED PARTIES:
The 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 SUBRECIPIENT 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.
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7.3 The SUBRECIPIENT shall comply with all applicable provisions of 24 CFR Part 570
and shall carry out each activity in compliance with all applicable federal laws and regulations
described therein.
7.4 The SUBRECIPIENT shall cooperate with the Department in informing the appropriate
citizen participation structures, including the appropriate area committees, of the activities of the
SUBRECIPIENT in adhering to the provisions of this Agreement. Representatives of the
SUBRECIPIENT shall attend meetings of the appropriate committees and citizen participation
structures upon the request of the citizen participation officers or the Department.
7.5 The SUBRECIPIENT shall, to the greatest possible, give low-and-moderate-income
residents of the service area(s) opportunities for training and employment.
7.6 NON-DISCRIMINATION: The SUBRECIPIENT shall not discriminate on the basis of
race, color, national origin, sex, religion, age, marital or family status or handicap in connection
with the activities and/or the Work Program or its performance under this Agreement.
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.
7.7 The SUBRECIPIENT shall carry out its Work Program in compliance with all federal
laws and regulations, including those described in Subpart K of the CDBG Program regulations
(24 CFR 570.600-612).
7.8 The 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.
7.9 The SUBRECIPIENT shall abide by the Federal Labor Standards provisions of U.S.
HUD Form 4010 incorporated herein as part of this Agreement.
7.10 UNIFORM ADMINISTRATIVE REQUIREMENTS. The SUBRECIPIENT shall
comply with the requirements and standards of OMB Circular No. A-122, “Cost Principles for
Non-Profit Organizations” and with the applicable requirements of 2 CFR Part 200 (the revised
OMB Circular No. A-110).
7.11 RELIGIOUS ORGANIZATIONS/CONSTITUTIONAL PROHIBITION. If the
SUBRECIPIENT is or was created by a religious organization, the SUBRECIPIENT agrees that
all CDBG Funds disbursed under this Agreement shall be subject to the conditions, restrictions,
and limitations of 24 CFR Part 570.200(j).
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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.
7.12 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.
7.13 ENFORCEMENT OF THIS AGREEMENT. Any violation of this Agreement that
remains uncured thirty (30) days after the SUBRECIPIENT’S receipt of notice from the CITY
(by certified or registered mail) of such violation may, at the option of the CITY, be addressed
by an action for damages or equitable relief, or any other remedy provided at law or in equity. In
addition to the remedies of the CITY set forth herein, if the SUBRECIPIENT materially fails to
comply with the terms of this Agreement, the CITY may suspend or terminate this Agreement in
accordance with 2 CFR Part 200.339, as set forth more fully below in Article IX of this
Agreement.
7.14 The SUBRECIPIENT shall not assume the CITY’s environmental responsibilities
described at 24 CFR 570.604 of the CDBG Program regulations nor the CITY’s responsibility
for initiating the review process under Executive Order 12372.
ARTICLE VIII
PROGRAM INCOME
8.1 Program income means gross income received by the SUBRECIPIENT which has been
directly generated from the use of the CDBG Funds. When such income is generated by an
activity that is only partially assisted with the CDBG Funds, the income shall be prorated to
reflect the percentage of CDBG Funds used. Program income generated by CDBG funded
activities shall be used only to undertake those activities specifically approved by the CITY on
and for the Work Program. All provisions of this Agreement shall apply to such activities. Any
program income on hand when this Agreement expires/terminates or received after such
expiration/termination shall be paid to the CITY, as required by 24 CFR 570.503(b)(7) of the
CDBG Program regulations.
The SUBRECIPIENT shall submit to the CITY monthly a Program Income Report and a
Work Program Status Report. The Program Income Report shall identify CDBG activities in
which income was derived and how income has been utilized.
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8.2 REPAYMENTS. Any interest or other return on the investment of the CDBG Funds
shall be remitted to the CITY on a monthly basis. Any CDBG Funds funded to the
SUBRECIPIENT that do not meet the eligibility requirements, as applicable, must be repaid to
the CITY.
ARTICLE IX
REMEDIES, SUSPENSION, TERMINATION
9.1 REMEDIES FOR NONCOMPLIANCE. The CITY retains the right to terminate this
Agreement at any time prior to the completion of the services required pursuant to this
Agreement without penalty to the CITY. In that event, notice of termination of this Agreement
shall be in writing to the SUBRECIPIENT, who shall be paid for those services performed prior
to the date of its receipt to the notice of termination. In no case, however, shall the CITY pay the
SUBRECIPIENT an amount in excess of the total 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 terms 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 SUBRECIPIENT.
9.1.5 Take all such other remedies that may be legally available.
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
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17
determined by the Department in its sole and absolute discretion, and may
include:
(i) Ineffective or improper use of the CDBG Funds by the SUBRECIPIENT;
(ii) Failure by the SUBRECIPIENT to 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 SUBRECIPIENT in writing of any action taken
pursuant to this Article, by certified mail, return receipt requested, or by in person
delivery with proof of delivery. The notification will include the reason(s) for
such action, any conditions relating to the action taken, and the necessary
corrective action(s).
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 allocated to fund this Agreement, the Department may terminate this
Agreement upon not less than twenty-four (24) hours prior notice in writing to the
SUBRECIPIENT. Said notice shall be delivered by certified mail, return receipt
requested, or by in person delivery with proof of delivery. In the event that the
CITY’S funding source reduces the CITY’S entitlement under the CDBG
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.
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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 terms of any other agreement
or obligation of any kind or nature whatsoever of the SUBRECIPIENT to the
CITY, direct or contingent, whether now or hereafter due, existing, created or
arising.
9.3.3 Unless the SUBRECIPIENT’S breach is waived by the Department in writing, the
Department may, by written notice to the SUBRECIPIENT, terminate this
Agreement upon not less than twenty-four (24) hours prior written notice. Said
notice shall be delivered by certified mail, return receipt requested, or by in
person delivery with proof of delivery. Waiver of breach of any provision of this
Agreement shall not be deemed to be a waiver of any other breach and shall not
be construed to be a modification of the terms of this Agreement. The provisions
hereof are not intended to be, and shall not be, construed to limit the Department’s
right to legal or equitable remedies.
ARTICLE X
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
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
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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 without the prior written consent of the CITY.
10.4 AWARD OF AGREEMENT. The SUBRECIPIENT warrants that is 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
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 Gardens (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 Procurement. The SUBRECIPIENT shall comply with the standards contained
within 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
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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 All 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
or by registered mail addressed to the other party at the address indicated herein
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 GARDENS
Laurin Yoder Department of Community Development 18605 N.W. 27th Avenue
Miami Gardens, Florida 33056
SUBRECIPIENT
10.10.2 Title and paragraph headings are for convenient reference and are not a part of
this Agreement.
10.10.3 In the event of conflict between the terms of this Agreement and any terms or
conditions contained in any attached documents, the terms in this Agreement shall
control.
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 phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid,
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illegal or otherwise unenforceable under the laws of the State of Florida or the
City of Miami Gardens, such provision, paragraph, sentence, word or phrase shall
be deemed modified to the extent necessary in order to conform with such laws,
or if not modifiable to conform with such laws, then same shall be deemed
severed, and in either event, the remaining terms and provisions of this
Agreement shall remain unmodified and in full force and effect.
10.11 INDEPENDENT CONTRACTOR. THE SUBRECIPIENT and its employees
and agents shall be deemed to be independent contractors and not agents or employees of the
CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances
of the CITY or any rights generally afforded classified or unclassified employees; further, they
shall not be deemed entitled to the Florida Worker’s Compensation benefits as employees of the
CITY.
10.12 SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the
parties hereto, and their respective heirs, executors, legal representatives, successors, and
assigns.
10.13 SUBRECIPIENT CERTIFICATION. The SUBRECIPIENT certifies that it
possesses the legal authority to enter into this Agreement pursuant to authority that has been duly
adopted or passed as an official act of the 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
SUBRECIPIENT to act in connection with this Agreement and to provide such information as
may be required.
10.14 COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAWS. To the extent
required by law, the SUBRECIPIENT shall comply with the public records laws in accordance
with Chapter 119, Florida Statutes. Specifically, the SUBRECIPIENT agrees to comply with
Section 119.0701, Florida Statutes. Public records shall mean all documents, papers, letters,
maps, books, tapes, photographs, films, sound recordings, data processing software, or other
material, regardless of the physical form, characteristics, or means of transmission, made or
received pursuant to law or ordinance or in connection with the transaction of official business
by any agency, as defined in Section 119.011, Florida Statutes, as amended. The City shall make
the sole determination of which records, if any, are exempt from inspection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their
respective officials thereunto duly authorized on the date above written.
SUBRECIPIENT
a Florida not-for-profit corporation
ATTEST:
__________________________________ By:
Corporate Secretary Date Name: Date
Title:
SEAL
CITY OF MIAMI GARDENS, a municipal
Corporation of the State of Florida
ATTEST:
__________________________________ By:
Ronetta Taylor, MMC Date Cameron D. Benson Date
City Clerk City Manager
APPROVED AS TO APPROVED FOR LEGAL
INSURANCE REQUIREMENTS: SUFFICENCY:
___________________________________ Melissa Negron, Director Date Sonja K. Dickens Date
Human Resources/Risk Management City Attorney
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: September 9, 2015 Item Type: (Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact: (Enter X in box)
Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading
X Public Hearing:
(Enter X in box)
Yes No Yes No
X
Funding Source:
Community
Development Block
Grant (CDBG) Fund
Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required: (Enter X in box)
Yes No RFP/RFQ/Bid #: N/A
X
Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational
Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image
Communication
Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X
Sponsor Name
Cameron Benson,
City Manager
Department:
Community Development
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, ALLOCATING FISCAL YEAR 2015-2016
COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) PUBLIC SERVICE FUNDS, IN THE AMOUNT OF FIFTEEN THOUSAND NINE HUNDRED NINETY-SIX DOLLARS ($15,996.00) TO SWITCHBOARD OF
MIAMI INC.; AUTHORIZING THE CITY MANAGER AND THE CITY
CLERK TO EXECUTE AND ATTEST, RESPECTIVELY THAT CERTAIN
SUBRECIPIENT AGREEMENT FOR THIS PURPOSE, ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Background:
Annually, the City of Miami Gardens sets aside Community Development Block Grant (CDBG) funds for
Item J-9) Public Hearing
Resolution
CDBG/Switchboard of Miami, Inc.
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
the provision of public services (also referred to as social services) to Miami Gardens’ residents. U.S.
HUD regulations allows for up to 15% of the City’s annual CDBG allocation to be used for public service
programs. The City’s Department of Community Development makes these funds available to interested
non-profit, community-based organizations applying through a formal Request for Proposal (RFP)
process. For the 2015-16 fiscal year a total of $150,096.00 (15% of annual CDBG allocation) is available in
the Public Services category. This is nearly level funding from last year.
A RFP was made available on April 1, 2015. City staff held two (2) Technical Assistance (TA) Workshops
on March 31, 2015 and April 9, 2015, at which approximately twenty (20) agencies were informed of the
program guidelines and requirements. Additionally, a Pre-Proposal meeting was also held on April 9,
2015 where four (4) agencies attended and were given the opportunity to ask specific questions about
the RFP.
Proposals were due on April 29, 2015 by 4:00 p.m. A total of twelve (12) proposals were submitted.
Eight (8) high scoring agencies are being recommended to Council to receive funding for the 2015-2016
program year. They are as follows:
1. Carrfour Supporting Housing, Inc. $ 9,000.00
2. JPM Centre at Miami Gardens Drive, Inc. $ 17,600.00
3. Kristi House, Inc. $ 15,000.00
4. Mt. Pisgah Seventh Day Adventist Church $ 12,000.00
5. North Dade Youth & Family Coalition $ 10,500.00
6. Prosperity Social & Community Dev. Group, Inc. $ 10,000.00
7. Sunshine for All, Inc. $ 60,000.00
8. Switchboard of Miami $ 15,996.00
$150,096.00
Current Situation:
Below is a summary for each organization and their proposed program:
Carrfour Supportive Housing, Inc. was founded by the Greater Miami Chamber of Commerce in 1993
with a mission to confront homelessness by developing affordable housing and providing supportive
services. They provide an afterschool and mentoring program for 40 formerly homeless families
relocated to Del Prado Gardens, one of Carrfour’s permanent supportive housing developments in
Miami Gardens. Carrfour aftercare/mentoring program offers a comprehensive curriculum that includes
a minimum of five core components; (1) literacy (2) physical activity and fitness (3) social skills – building
(4) family involvement and (5) nutrition. Carrfour services are provided on site at the Del Prado Gardens
daily from 3:30 p.m. to 7:30 p.m. and an all day activity one Saturday a month focusing on enhancing the
community. The program was previously funded at $9,000 in FY 2014-15 and to date has served as many
as 42 youth. Staff is recommending continued funding at an equal level for FY 2015-16.
JPM Center at Miami Gardens Drive, Inc. is a non-profit, faith-based organization located in Miami
Gardens that administers an after school program to low & moderate income youth who live in Miami
Gardens. The program focuses on engaging youth during the after-school hours between 3-6 pm,
Tuesday through Friday. It includes reading literacy, computer skills and athletic activities, as well as
teaching self-esteem, effective communication skills, good decision making techniques, anger
management, conflict resolution and technical skills; all which build strong, solid character and values, as
they become adults. In addition, parents/guardians of participants receive training workshops on
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positive parenting styles, discipline techniques and communication styles. The City has funded the
program since 2008, and for FY 2014-15 awarded JPM $14,600 to serve twenty-five (25) youth. The
students participate in daily reading and math literacy exercises and as a result 83% of students have
shown an improvement in their math skill and 91% have improved their reading skills. Staff is
recommending continued funding of this program.
Kristi House Inc. is a non-profit organization that offers specialized and coordinated services for children
who are victims of sexual abuse. Through the Kristi House program, clients will benefit from a healing
environment for child victims of abuse and their families, regardless of income, through prevention,
treatment and coordination of services with community partners. The City has previously funded this
program in 2014-15 at $12,500, which has served as many as 31 youth and their families at their North
Office, located at 18841 NW 2 Avenue, over the contract period. The case coordinator provides
comprehensive wrap-around services and therapist meet weekly with clients to provide mental health
intervention services. As a result, 93% of cases closed successfully with families meeting the goals
identified in their service plans. Seventy-five percent (75%) reported improved or stable behavioral and
social function for their child. Staff is recommending continued funding of this program.
Mt. Pisgah Seventh-day Adventist Church is a faith-based, non-profit organization that provides
programs that address issues facing low-income families such as food insecurity and sustainability.
Located at 3340-50 NW 215th Street in Miami Gardens, Mt. Pisgah’s Food Pantry has been in operation
since 2005 and is open the 2nd and 4th Wednesday of every month from 2:30 p.m. – 4:30 p.m. In 2014
the Food Pantry distributed over 210,000 pounds of food to 6,320 families with over 27,180 individuals.
In partnership with Feeding South Florida and Farm Share, who provide donated food and recovered
produce for distribution, Mt. Pisgah is on target to serve over 6,500 households with a projected number
of 27,796 persons who are at or below the poverty level in 2015. Without services provided by the food
pantry to seniors, many of the seniors would likely experience hunger resulting in poor health and
malnutrition. The City is currently funding this program at $10,000 which has served 316 low-income
seniors thus far this year. Staff is recommending continued funding at an increased amount of $12,000.
North Dade Youth & Family Coalition (NDYFC) (aka Youth Violence Prevention Coalition) was established
in 2006 following a wave of shooting deaths involving youth. Since its inception NDYFC has been the
community catalyst for intake assessment, information and referrals to residents in need of support
services living in the City of Miami Gardens. Since 2013, NDYFC has served 588 households through care
coordination/wraparound services, community policing and positive youth development activities with
successful results. Previously the City funded NDYFC’s All 4 You Program in FY 2014-15. However this
year NDYFC has proposed a new program, the NDYFC Network, which will provide wraparound care
coordination services to school age youth, ages 5-18, who are identified as at-risk of frequent school
absenses, suspensions from school, failing academically and/or involved in violence and crime at home,
school or in the community, with overall goals to improve academic performance and school
attendance. NDYFC proposes to serve 50 youth throughout the program year.
Prosperity Social & Community Development Group, Inc. (PSCDG) is a non-profit organization founded in
2011 to provide literacy and job readiness skills to women and girls throughout Miami-Dade County.
PSCDG proposes to implement an expanded version of their NOW (Needing Opportunities to Win)
Project to the Miami Gardens community. The program will provide literacy, job training, financial
literacy, career guidance, and support groups to both high school boys and girls, ages 15-21, who are
dropouts, potential dropouts, unemployed, pregnant teens and re-entries from the corrections system.
They will serve 60 youth from the City of Miami Gardens through their partnerships with both Norland
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and Miami Carol City Senior High Schools and the Departments of Juvenile Justice and Corrections. Staff
is recommending funding of this new organization and program to serve a currently unmet need in the
community.
Sunshine For All, Inc. is a non-profit organization that delivers in-home meals to low & moderate income
seniors and disabled persons who live in Miami Gardens. Eligible meal recipients receive one hot meal
per day, five days a week, Monday through Friday. Meals are selected by a licensed and registered
dietician in order to assure that they meet the recommended dietary allowances. Currently, Sunshine is
serving 54 clients under the FY 2014-2015 contract in the amount of $80,000. City staff is recommending
continued funding of the program but at a reduced amount of $60,000.
Switchboard of Miami, Inc. is a non-profit organization that provides crisis counseling and information
and referral services to Miami-Dade County residents. Switchboard created the Seniors Never Alone
Program (SNAP), a telephone reassurance service to individuals sixty-five (65) years of age or older,
residing in Miami-Dade County, that live alone or are alone for the majority of the day. SNAP provides
in-bound phone coverage 24 hours/7 days a week and out-bound case managed calls to seniors enrolled
in the program. Seniors are assigned a Reassurance Specialist and, at a minimum, receive two (2)
management calls per week. Because Switchboard houses the County’s only comprehensive social
services database, the clients have a built-in resource for additional assistance and referrals. The City is
currently funding this program in the amount of $12,877, serving a total of 66 seniors over the FY 2014-
15 contract period. Staff is recommending continued support at an increased amount of $15,996.
All clients served through these programs are Miami Gardens residents. Contract periods for service for
all the above organizations will begin October 1, 2015 through September 30, 2016. Staff will monitor
each organization throughout the contract period to ensure they comply with all Federal CDBG and City
of Miami Gardens requirements.
A resolution is required in order to allocate CDBG Funds to the above organizations. Subsequent to
Council approval of staff’s recommendation, sub-recipient agreements will be executed between the
City and the above referenced organizations in which the scope of services, performance deliverables,
and funding distribution will be outlined.
Fiscal Impact:
The City FY 2015-16 award of CDBG grant is $1,000,644. Fifteen (15%) percent of this allocation which is
$150,096 is available for Public Services expenses. The above allotment to the various agencies totaled
to the amount that is within the budget in the Public Service category.
Proposed Action:
That the City Council approves the attached resolution.
Attachment:
• Public Services Scores & Summary Table
• Sub-recipient Agreement (FY 2015-2016)
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RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, ALLOCATING FISCAL YEAR 2015-4 2016 COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) 5
PUBLIC SERVICE FUNDS, IN THE AMOUNT OF FIFTEEN 6
THOUSAND NINE HUNDRED NINETY-SIX DOLLARS 7
($15,996.00) TO SWITCHBOARD OF MIAMI INC.; AUTHORIZING 8 THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND 9 ATTEST, RESPECTIVELY THAT CERTAIN SUBRECIPIENT 10
AGREEMENT FOR THIS PURPOSE, ATTACHED HERETO AS 11
EXHIBIT A; PROVIDING FOR INSTRUCTIONS TO THE CITY 12
CLERK; PROVIDING FOR THE ADOPTION OF 13 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 14 15
WHEREAS, annually the City makes available Community Development Block 16
Grant (“CDBG”) funds for the provision of public services to Miami Gardens residents, 17
and 18
WHEREAS, these funds are made available to interested non-profit and 19
community based organizations applying through a formal request for a proposal 20
process, and 21
WHEREAS, this year, a total of One Hundred Fifty Thousand Ninety Six Dollars 22
($150,096.00), is available for non-profit organizations under the public service 23
category, and 24
WHEREAS, the City issued a RFP for the 2015-2016 year, Public Service Grant 25
on April 1, 2015, and 26
WHEREAS, a total of twelve (12) proposals were submitted, and 27
WHEREAS, eight (8) of the highest scoring agencies are being recommended to 28
the City Council to receive funding for the 2015-2016 program year, and 29
WHEREAS, Switchboard of Miami, Inc., is a non-profit organization that provides 30
crisis counseling and information and referral services to Miami-Dade County residents, 31
and 32
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WHEREAS, Switchboard of Miami, Inc., created the Seniors Never Alone 33
Program (SNAP), a telephone reassurance service to individuals sixty-five (65) years of 34
age or older, residing in Miami-Dade County, that live alone or are alone for the majority 35
of the day, and 36
WHEREAS, City staff is recommending funding to Switchboard of Miami, Inc., in 37
the amount of Fifteen Thousand, Nine Hundred Ninety-Six Dollars ($15,996.00), for the 38
2015-2016 program year, 39
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 40
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 41
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 42
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 43
made a specific part of this Resolution. 44
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 45
hereby allocates Fiscal Year 2015-2016 Community Development Block Grant 46
(“CDBG”) Public Service Funds, in the amount of Fifteen Thousand Nine Hundred 47
Ninety-Six Dollars ($15,996.00) to Switchboard of Miami, Inc.; and authorizes the City 48
Manager and the City Clerk to execute and attest, respectively that certain Subrecipient 49
Agreement for this purpose, attached hereto as Exhibit “A”. 50
Section 3: INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 51
authorized to obtain two (2) fully executed copies of the subject Agreement with one to 52
be maintained by the City, and one to be delivered to Switchboard of Miami, Inc. 53
Section 4: EFFECTIVE DATE: This Resolution shall take effect immediately 54
upon its final passage. 55
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PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 56
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 57
58
___________________________________ 59
OLIVER GILBERT, III, MAYOR 60 61 62
ATTEST: 63
64
65 __________________________________ 66 RONETTA TAYLOR, MMC, CITY CLERK 67
68
69
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 70 71 72
SPONSORED BY: CAMERON D.BENSON, CITY MANAGER 73
74
Moved by: __________________ 75 76 VOTE: _________ 77
78
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 79
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 80 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 81 Councilman David Williams Jr ____ (Yes) ____ (No) 82
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 83
Councilman Rodney Harris ____ (Yes) ____ (No) 84
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 85
86
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1
CITY OF MIAMI GARDENS, FLORIDA
COMMUNITY DEVELOPMENT BLOCK GRANT
PUBLIC SERVICES PROGRAM AGREEMENT
THIS AGREEMENT (hereinafter the “Agreement”) is entered into this 1st day
of October, 2015, between the City of Miami Gardens, a municipal corporation of the State of
Florida (hereinafter referred to as the “CITY”) and _____________________, Inc., a Florida
not for profit corporation (hereinafter referred to as the “SUBRECIPIENT”).
FUNDING SOURCE: Community Development Block Grant Funds
AMOUNT:
TERM OF THE AGREEMENT: October 1, 2015 through September 30, 2016
IDIS NUMBER: (to be completed by the City): ________
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein set
forth, the parties understand and agree as follows:
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 D Certification Regarding Lobbying Form
Exhibit E Certification Regarding Debarment, Suspension and other
Responsibility Matters (Primary Covered Transactions Form).
Exhibit F Crime Entity Affidavit
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1.2 DEFINED TERMS. As used herein the following terms shall mean:
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,
designs, electronic tapes, computer drives and
diskettes or surveys.
CDBG Program: Community Development Block Grant Program.
CDBG Requirements: The requirements contained in 24 CFR Part 570,
Rule 9I of the Florida Administrative Code and as
established by the City of Miami Gardens, Florida.
Department: The City of Miami Gardens Department of
Community Development.
Federal Award: Any federal funds received by the SUBRECIPIENT
from any source during the period of time in which
the SUBRECIPIENT is performing the obligations
set forth in this Agreement.
Low-and-Moderate A member of a low- or moderate-income family
Income Person: whose income is within specific income levels set
forth by U.S. HUD.
U.S. HUD or HUD: The United States Department of Housing and
Urban Development.
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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 term of this Agreement. These items shall be in sufficient
detail to provide a sound basis for the CITY to effectively monitor performance
by the SUBRECIPIENT under this Agreement.
2.2 The Budget Summary attached hereto as Exhibit C, which shall include: completion of
the SUBRECIPIENT’S Itemized Budget, Cost Allocation, Budget Narrative, Staff
Salaries Schedule and a copy of all subcontracts.
2.3 A list of the SUBRECIPIENT’S present officers and members of the Board (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 A letter accepting the Office of Management and Budget (“OMB”) Circular No.A-87
“Principles for Determining Costs Applicable to Grants and Agreements with State,
Local and Federally recognized Indian Tribal Governments;” OMB Circular No. A-110,
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Attachments “A” (Cash Depositories), “B” (Bonding and Insurance), “C” (Retention and
Custodial Requirements for Records), “F” (Standards for Financial Management
Systems), “H” (Monitoring and Reporting Progress Performance), “N” (Property
Management Standards), and “O” (Procurement Standards); OMB Circular Nos. A-122
and A-21: “Cost Principles for Non-Profit Organizations and Cost Principles for
Educational Institutions,” as modified by 24 CFR Section 570.502(a)(b); “Applicability
of Uniform Administrative Requirements” of the CDBG Program Regulations Final Rule
and Lead Based Paint Regulations 24 CFR Part 35.
2.10 Copy of the SUBRECIPIENT’S last federal income tax return (IRS Form 990).
2.11 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.
2.12 ADA Certification.
2.13 Drug Free Certification.
2.14 All other documents reasonably required by the CITY.
ARTICLE III
TERMS AND PROCEDURES
3.1 CITY AUTHORIZATION:
For the purpose of this Agreement, the Department will act on behalf of the CITY in the
fiscal control, programmatic monitoring and modification of this Agreement, except as otherwise
provided in this Agreement.
3.2 EFFECTIVE DATE AND TERM:
This Agreement shall begin on ___October 1, 2015 and end on September 30, 2016__.
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.
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3.4 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, impair 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 Project Sponsor shall be based on
the rates, schedules and conditions described in Exhibit “C” attached hereto, which by this
reference is incorporated into this Agreement.”
4.2 INSURANCE:
At all times during the term hereof, the SUBRECIPIENT shall maintain insurance
acceptable to the CITY. Prior to commencing any activity under this Agreement, the
SUBRECIPIENT shall furnish to the CITY original certificates of insurance indicating that the
SUBRECIPIENT is in compliance with the provisions of this Article.
4.2.1 The SUBRECIPIENT shall provide the following coverage:
(i) Commercial General Liability in an amount not less than
$300,000.00 per occurrence, $1,000,000.00 aggregate, protecting
the CITY and the SUBRECIPIENT against liability incidental to
the use of, or resulting from an accident occurring on or about, its
property.
(ii) Automobile liability for all owned vehicles and for non-owned and
hired automobiles in the amount of $300,000 combined single limit
for bodily and property damage and/or split limits in the amount of
$100,000/$300,000 for bodily injury and $100,000 for property
damage.
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(iii) Workers' compensation insurance as required by the laws of the
State of Florida.
(iv) Sexual Abuse coverage in an amount not less than $1,000,000.00
per occurrence (Only required for those agencies providing
services to and/or working with children under the age of 18.)
4.2.2 All such insurance shall insure the CITY as the primary additional insured. The
SUBRECIPIENT shall be required to furnish evidence of any other insurance
coverage the CITY may reasonably require during the term of this Agreement.
All such policies shall require the insurance carrier to give the CITY at least 30
days prior written notice of termination, cancellation, expiration or modification,
and all such policies shall be written by insurance companies satisfactory to the
CITY.
4.2.3 Crime Policy (Employee Coverage) for all persons handling funds received or
disbursed under this Agreement in an amount equal to or greater than one third
(1/3) the amount of the grant of funds hereunder. The CITY shall be named as
Loss Payee.
4.2.4 Compliance with the foregoing requirements shall not relieve the
SUBRECIPIENT of its liability and obligations under this section or under any
other section of this Agreement.
4.2.5 SUBRECIPIENT shall apply and obtain any other insurance coverage that the
CITY may require for the execution of the Agreement.
4.2.6. SUBRECIPIENT shall indemnify, defend and hold harmless the City and its
officials, employees and agents (collectively referred to as “Indemnities”) and
each of them from and against all loss, costs, penalties, fines, damages, claims,
expenses (including attorney’s fees) or liabilities (collectively referred to as
“Liabilities”) by reason of any injury to or death of any person or damage to or
destruction or loss of any property arising out of, resulting from, or in connection
with (i) the performance or non-performance of the services contemplated by this
Agreement which is caused, in whole or in part, by any act, omission, default or
negligence (whether active or passive) of SUBRECIPIENT or its employees,
agents or subcontractors, or (ii) the failure of the SUBRECIPIENT to comply
with any of the paragraphs herein or the failure of the SUBRECIPIENT to
conform to statutes, ordinances, or other regulations or requirements of any
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governmental authority, federal or state, in connection with the performance of
this Agreement. SUBRECIPIENT expressly agrees to indemnify and hold
harmless the Indemnities, or any of them, from and against all liabilities which
may be asserted by an employee or former employee of SUBRECIPIENT, or any
of its subcontractors, as provided above, for which the SUBRECIPIENT’S
liability to such employee or former employee would otherwise be limited to
payments under state Workers’ Compensation or similar laws.
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 three 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, not to constitute allowable expenditures. Any payments made to the
SUBRECIPIENT are subject to reduction for overpayments on previously submitted invoices.
4.4 RECAPTURE OF FUNDS:
The CITY reserves the right to recapture funds in the event that the SUBRECIPIENT
shall fail: (i) to comply with the terms of this Agreement, or (ii) to accept conditions imposed by
the CITY at the direction of the federal, state and local agencies.
4.5 CONTINGENCY CLAUSE:
Funding pursuant to this Agreement is contingent on the availability of funds and
continued authorization for CDBG Program activities, and is also subject to amendment or
termination due to lack of funds or authorization, reduction of funds, and/or changes in
regulations.
ARTICLE V
AUDIT
5.1 As a necessary part of this Agreement, the SUBRECIPIENT shall adhere to the following
audit requirements:
5.1.1 If the SUBRECIPIENT expends $750,000 or more in the fiscal year in Federal
awards it shall have a single audit or program specific audit conducted for that
year. The audit shall be conducted in accordance with GAGAS and OMB
Circular A-133. The audit shall determine whether the financial statements are
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presented fairly in all material respects in conformity with generally accepted
accounting principles.
In addition to the above requirements, the auditor shall perform procedures to
obtain an understanding of internal controls and perform sufficient testing to
ensure compliance with the procedures. Further the auditor shall determine
whether the SUBRECIPIENT has complied with laws, regulations and the
provisions of this Agreement.
A reporting package shall be submitted within the earlier of 30 days after receipt
of the auditor’s 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 findings; 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 $750,000 in the fiscal year in Federal
awards it is exempted from Federal audit requirements for that year and
consequently the audit cost is not a reimbursable expense. The City, however,
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may request the SUBRECIPIENT to have a limited scope audit for monitoring
purposes. These limited scope audits will be paid for and arranged by the City
and address only one or more of the following types of compliance requirements:
activities allowed or unallowed; allowable costs/cost principles; eligibility;
matching, level of effort, earmarking; and, reporting.
All reports presented to the City shall, where applicable, include sufficient information to
provide a proper perspective for judging the prevalence and consequences of the findings,
such as whether an audit finding represents an isolated instance or a systemic problem.
Where appropriate, instances identified shall be related to the universe and the number of
cases examined and quantified in terms of dollar value.
ARTICLE VI
RECORDS AND REPORTS
6.1 The SUBRECIPIENT shall establish and maintain sufficient records to enable the CITY
to determine whether the SUBRECIPIENT has met the requirements of the CDBG Program.
At a minimum, the following records shall be maintained by the SUBRECIPIENT:
6.1.1 Records providing a full description of each activity assisted (or being assisted)
with CDBG Funds, including its location (if the activity has a geographical locus),
the amount of CDBG Funds budgeted, obligated and expended for the activity,
and the specific provision in 24 CFR Subpart C of the CDBG Program regulations
under which the activity is eligible.
6.1.2 Records demonstrating that each activity undertaken meets one of the criteria set
forth in 24 CFR 570.208 of the CDBG Program regulations. Where information
on income by family size is required, the SUBRECIPIENT may substitute
evidence establishing that the person assisted qualified under another program
having income qualification criteria at least as restrictive as that used in the
definitions of “low- and moderate-income person” and “low- and moderate-
income household” as set forth in 24 CFR 570.3; or, the SUBRECIPIENT may
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
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HUD’s criteria and agrees to maintain documentation 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:
(a) The boundaries of the service area;
(b) The income characteristics of families and unrelated individuals in
the service area; and
(c) If the percent of low- and moderate-income persons in the service
area is less than 51 percent, data showing that the area qualifies
under the exception criteria set forth in 24 CFR 570.208(a)(1)(ii);
(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 elderly persons, severely disabled persons, battered
spouses, abused children, the homeless, illiterate persons, persons
living with AIDS, or migrant farm workers, for which the
regulations provide presumptive benefit to low- and moderate-
income persons; or
(b) Documentation describing how the nature and, if applicable, the
location of the facility or service establishes that it is used
predominantly by low- and moderate-income persons; or
(c) Data showing the size and annual income of the household of each
person receiving the benefit.
6.1.3 Equal Opportunity Records containing:
(i) Data on the extent to which each racial and ethnic group and single-
headed households (by gender of household head) have applied for,
participated in, or benefited from, any program or activity funded in whole
or in part with CDBG Funds. Such information shall be used only as a
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11
basis for further investigation relating to compliance with any requirement
to attain or maintain any particular statistical measure by race, ethnicity,
disability or gender in covered programs.
(ii) Documentation of actions undertaken to meet the requirements of 24 CFR
570.607(b) which implements Section 3 of the Housing and Urban
Development Act of 1968, as amended (12 U.S.C. 1701U) relative to the
hiring and training of low- and moderate-income persons and the use of
local businesses.
6.1.4 Financial records, in accordance with the applicable requirements listed in 24
CFR 570.502.
6.1.5 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 three (3) years from the expiration/termination of this Agreement (the
“Retention Period”). All books of account and supporting documentation shall be
kept by the SUBRECIPIENT at least until the expiration of the Retention Period.
The SUBRECIPIENT shall maintain records sufficient to meet the requirements
of 24 CFR 570. All records and reports required herein shall be retained and
made accessible as provided thereunder. The SUBRECIPIENT further agrees to
abide by Chapter 119, Florida Statutes, as the same may be amended from time to
time, pertaining to public records.
The SUBRECIPIENT shall ensure that the Agreement Records shall be at all
times subject to and available for full access and review, inspection and audit by
the CITY, federal personnel and any other personnel duly authorized by the
CITY.
6.2.2 The 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
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12
when services are eligible substantive project and/or programmatic activities and
subject to the audit and record-keeping requirements described in this Agreement
6.2.3 If the CITY or the 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 part of the final
closeout procedure, of the address where all Agreement Records will be retained.
6.2.5 The SUBRECIPIENT shall obtain the prior written consent of the Department to
the disposal of any Agreement Records within one year after the expiration of the
Retention Period.
6.3 PROVISION OF RECORDS:
6.3.1 At any time upon request by the Department, the SUBRECIPIENT shall provide
all Agreement Records to the Department. The requested Agreement Records
shall become the property of the Department without restriction, reservation, or
limitation on their use. The Department shall have unlimited rights to all books,
articles, or other copyrightable materials developed in the performance of this
Agreement. These rights include the right of royalty-free, nonexclusive, and
irrevocable license to reproduce, publish, or otherwise use, and to authorize others
to use the Work Program for public purposes.
6.3.2 If the SUBRECIPIENT receives funds from, or is under regulatory control of,
other governmental agencies, and those agencies issue monitoring reports,
regulatory examinations, or other similar reports, the SUBRECIPIENT shall
provide a copy of each such report and any follow-up communications and reports
to the Department immediately upon such issuance, unless such disclosure would
be prohibited by any such issuing agency.
6.4 MONITORING:
The SUBRECIPIENT shall permit the Department and other persons duly authorized by
the Department to inspect all Agreement Records, facilities, goods, and activities of the
SUBRECIPIENT which are in any way connected to the activities undertaken pursuant to the
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13
terms of this Agreement, and/or interview any clients, employees, subcontractors or assignees of
the SUBRECIPIENT. Following such inspection or interviews, the Department will deliver to
the SUBRECIPIENT a report of its findings. The SUBRECIPIENT will rectify all deficiencies
cited by the Department within the specified period of time set forth in the report or provide the
Department with a reasonable justification for not correcting the same. The Department will
determine in its sole and absolute discretion whether or not the SUBRECIPIENT’S justification
is acceptable.
At the request of the CITY, the SUBRECIPIENT shall transmit to the CITY written
statements of the SUBRECIPIENT’s official policies on specified issues relating to the
SUBRECIPIENT’s activities. The CITY will carry out monitoring and evaluation activities,
including visits and observations by CITY staff; the SUBRECIPIENT shall ensure the
cooperation of its employees and its Board members in such efforts. Any inconsistent,
incomplete, or inadequate information either received by the CITY or obtained through
monitoring and evaluation by the CITY, shall constitute cause for the CITY to terminate this
Agreement.
6.5 RELATED PARTIES:
The 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 SUBRECIPIENT 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.
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7.3 The SUBRECIPIENT shall comply with all applicable provisions of 24 CFR Part 570
and shall carry out each activity in compliance with all applicable federal laws and regulations
described therein.
7.4 The SUBRECIPIENT shall cooperate with the Department in informing the appropriate
citizen participation structures, including the appropriate area committees, of the activities of the
SUBRECIPIENT in adhering to the provisions of this Agreement. Representatives of the
SUBRECIPIENT shall attend meetings of the appropriate committees and citizen participation
structures upon the request of the citizen participation officers or the Department.
7.5 The SUBRECIPIENT shall, to the greatest possible, give low-and-moderate-income
residents of the service area(s) opportunities for training and employment.
7.6 NON-DISCRIMINATION: The SUBRECIPIENT shall not discriminate on the basis of
race, color, national origin, sex, religion, age, marital or family status or handicap in connection
with the activities and/or the Work Program or its performance under this Agreement.
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.
7.7 The SUBRECIPIENT shall carry out its Work Program in compliance with all federal
laws and regulations, including those described in Subpart K of the CDBG Program regulations
(24 CFR 570.600-612).
7.8 The 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.
7.9 The SUBRECIPIENT shall abide by the Federal Labor Standards provisions of U.S.
HUD Form 4010 incorporated herein as part of this Agreement.
7.10 UNIFORM ADMINISTRATIVE REQUIREMENTS. The SUBRECIPIENT shall
comply with the requirements and standards of OMB Circular No. A-122, “Cost Principles for
Non-Profit Organizations” and with the applicable requirements of 2 CFR Part 200 (the revised
OMB Circular No. A-110).
7.11 RELIGIOUS ORGANIZATIONS/CONSTITUTIONAL PROHIBITION. If the
SUBRECIPIENT is or was created by a religious organization, the SUBRECIPIENT agrees that
all CDBG Funds disbursed under this Agreement shall be subject to the conditions, restrictions,
and limitations of 24 CFR Part 570.200(j).
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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.
7.12 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.
7.13 ENFORCEMENT OF THIS AGREEMENT. Any violation of this Agreement that
remains uncured thirty (30) days after the SUBRECIPIENT’S receipt of notice from the CITY
(by certified or registered mail) of such violation may, at the option of the CITY, be addressed
by an action for damages or equitable relief, or any other remedy provided at law or in equity. In
addition to the remedies of the CITY set forth herein, if the SUBRECIPIENT materially fails to
comply with the terms of this Agreement, the CITY may suspend or terminate this Agreement in
accordance with 2 CFR Part 200.339, as set forth more fully below in Article IX of this
Agreement.
7.14 The SUBRECIPIENT shall not assume the CITY’s environmental responsibilities
described at 24 CFR 570.604 of the CDBG Program regulations nor the CITY’s responsibility
for initiating the review process under Executive Order 12372.
ARTICLE VIII
PROGRAM INCOME
8.1 Program income means gross income received by the SUBRECIPIENT which has been
directly generated from the use of the CDBG Funds. When such income is generated by an
activity that is only partially assisted with the CDBG Funds, the income shall be prorated to
reflect the percentage of CDBG Funds used. Program income generated by CDBG funded
activities shall be used only to undertake those activities specifically approved by the CITY on
and for the Work Program. All provisions of this Agreement shall apply to such activities. Any
program income on hand when this Agreement expires/terminates or received after such
expiration/termination shall be paid to the CITY, as required by 24 CFR 570.503(b)(7) of the
CDBG Program regulations.
The SUBRECIPIENT shall submit to the CITY monthly a Program Income Report and a
Work Program Status Report. The Program Income Report shall identify CDBG activities in
which income was derived and how income has been utilized.
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8.2 REPAYMENTS. Any interest or other return on the investment of the CDBG Funds
shall be remitted to the CITY on a monthly basis. Any CDBG Funds funded to the
SUBRECIPIENT that do not meet the eligibility requirements, as applicable, must be repaid to
the CITY.
ARTICLE IX
REMEDIES, SUSPENSION, TERMINATION
9.1 REMEDIES FOR NONCOMPLIANCE. The CITY retains the right to terminate this
Agreement at any time prior to the completion of the services required pursuant to this
Agreement without penalty to the CITY. In that event, notice of termination of this Agreement
shall be in writing to the SUBRECIPIENT, who shall be paid for those services performed prior
to the date of its receipt to the notice of termination. In no case, however, shall the CITY pay the
SUBRECIPIENT an amount in excess of the total 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 terms 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 SUBRECIPIENT.
9.1.5 Take all such other remedies that may be legally available.
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
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17
determined by the Department in its sole and absolute discretion, and may
include:
(i) Ineffective or improper use of the CDBG Funds by the SUBRECIPIENT;
(ii) Failure by the SUBRECIPIENT to 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 SUBRECIPIENT in writing of any action taken
pursuant to this Article, by certified mail, return receipt requested, or by in person
delivery with proof of delivery. The notification will include the reason(s) for
such action, any conditions relating to the action taken, and the necessary
corrective action(s).
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 allocated to fund this Agreement, the Department may terminate this
Agreement upon not less than twenty-four (24) hours prior notice in writing to the
SUBRECIPIENT. Said notice shall be delivered by certified mail, return receipt
requested, or by in person delivery with proof of delivery. In the event that the
CITY’S funding source reduces the CITY’S entitlement under the CDBG
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.
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18
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 terms of any other agreement
or obligation of any kind or nature whatsoever of the SUBRECIPIENT to the
CITY, direct or contingent, whether now or hereafter due, existing, created or
arising.
9.3.3 Unless the SUBRECIPIENT’S breach is waived by the Department in writing, the
Department may, by written notice to the SUBRECIPIENT, terminate this
Agreement upon not less than twenty-four (24) hours prior written notice. Said
notice shall be delivered by certified mail, return receipt requested, or by in
person delivery with proof of delivery. Waiver of breach of any provision of this
Agreement shall not be deemed to be a waiver of any other breach and shall not
be construed to be a modification of the terms of this Agreement. The provisions
hereof are not intended to be, and shall not be, construed to limit the Department’s
right to legal or equitable remedies.
ARTICLE X
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
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
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19
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 without the prior written consent of the CITY.
10.4 AWARD OF AGREEMENT. The SUBRECIPIENT warrants that is 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
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 Gardens (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 Procurement. The SUBRECIPIENT shall comply with the standards contained
within 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
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20
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 All 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
or by registered mail addressed to the other party at the address indicated herein
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 GARDENS
Laurin Yoder Department of Community Development 18605 N.W. 27th Avenue
Miami Gardens, Florida 33056
SUBRECIPIENT
10.10.2 Title and paragraph headings are for convenient reference and are not a part of
this Agreement.
10.10.3 In the event of conflict between the terms of this Agreement and any terms or
conditions contained in any attached documents, the terms in this Agreement shall
control.
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 phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid,
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21
illegal or otherwise unenforceable under the laws of the State of Florida or the
City of Miami Gardens, such provision, paragraph, sentence, word or phrase shall
be deemed modified to the extent necessary in order to conform with such laws,
or if not modifiable to conform with such laws, then same shall be deemed
severed, and in either event, the remaining terms and provisions of this
Agreement shall remain unmodified and in full force and effect.
10.11 INDEPENDENT CONTRACTOR. THE SUBRECIPIENT and its employees
and agents shall be deemed to be independent contractors and not agents or employees of the
CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances
of the CITY or any rights generally afforded classified or unclassified employees; further, they
shall not be deemed entitled to the Florida Worker’s Compensation benefits as employees of the
CITY.
10.12 SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the
parties hereto, and their respective heirs, executors, legal representatives, successors, and
assigns.
10.13 SUBRECIPIENT CERTIFICATION. The SUBRECIPIENT certifies that it
possesses the legal authority to enter into this Agreement pursuant to authority that has been duly
adopted or passed as an official act of the 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
SUBRECIPIENT to act in connection with this Agreement and to provide such information as
may be required.
10.14 COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAWS. To the extent
required by law, the SUBRECIPIENT shall comply with the public records laws in accordance
with Chapter 119, Florida Statutes. Specifically, the SUBRECIPIENT agrees to comply with
Section 119.0701, Florida Statutes. Public records shall mean all documents, papers, letters,
maps, books, tapes, photographs, films, sound recordings, data processing software, or other
material, regardless of the physical form, characteristics, or means of transmission, made or
received pursuant to law or ordinance or in connection with the transaction of official business
by any agency, as defined in Section 119.011, Florida Statutes, as amended. The City shall make
the sole determination of which records, if any, are exempt from inspection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their
respective officials thereunto duly authorized on the date above written.
SUBRECIPIENT
a Florida not-for-profit corporation
ATTEST:
__________________________________ By:
Corporate Secretary Date Name: Date
Title:
SEAL
CITY OF MIAMI GARDENS, a municipal
Corporation of the State of Florida
ATTEST:
__________________________________ By:
Ronetta Taylor, MMC Date Cameron D. Benson Date
City Clerk City Manager
APPROVED AS TO APPROVED FOR LEGAL
INSURANCE REQUIREMENTS: SUFFICENCY:
___________________________________ Melissa Negron, Director Date Sonja K. Dickens Date
Human Resources/Risk Management City Attorney
Page 293 of 322
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: September 9, 2015 Item Type: (Enter X in box)
Resolution Ordinance Other
x
Fiscal Impact:
(Enter X in box)
Yes No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
X Public Hearing:
(Enter X in box)
Yes No Yes No
x x
Funding Source:
Advertising Requirement:
(Enter X in box)
Yes No
x
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #: X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational Bus. & Economic Dev Public Safety
Quality of Education Qual. of Life & City Image Communcation
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address) X
Sponsor Name Oliver Gilbert III, Mayor
Department: Office of the Mayor & City Council
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CONDEMNING THE DOMINICAN REPUBLIC’S
IMPENDING MASS DEPORTATION OF DOMINICANS OF HAITIAN
DESCENT; URGING THE DOMINICAN REPUBLIC TO COMPLY WITH INTERNATIONAL HUMAN RIGHTS LAWS, AND HALT ALL IMPENDING DEPORTATIONS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
In 2013 Dominican Republic court decision stripped away the citizenship of Dominicans born after 1929
to parents not of Dominican ancestry. The ruling affected more than 200,000 Dominican citizens of
Item K-1) Consent Agenda
Resolution
Dominican Republic/Mass Deportation
Page 294 of 322
18605 NW 27th Avenue
Miami Gardens, Florida 33056
Haitian descent, rendering them stateless. The decision’s retroactive application is a blatant derogation
of both International human rights law and the Dominican Republic’s own legal norms. The ruling
conflicts with the Inter-American Court of Human Rights decision in Yean and Bosico v. Dominican
Republic, which upheld the rights of all Dominicans regardless of race, color, or national origin, and
found that the Dominican Republic violated the rights of Dominican born citizens of Haitian descent by
denying them citizenship.
The ruling also conflicts with the Inter-American Court of Human Rights decision in Case of Expelled
Dominican and Haitian People v. Dominican Republic, which found the detention, treatment, and mass
expulsion of Haitians and Dominicans of Haitian descent to constitute violations of human rights.
Following the 2013 court ruling, the Dominican Republic passed a law creating naturalization and
regularization processes. Dominicans of Haitian descent could become naturalized citizens through the
naturalization process and undocumented migrant workers could obtain work permits through the
regularization process. Those registering for naturalization will be granted citizenship if they have
proper documentation and were formally registered when born in the Dominican Republic. The
naturalization process is challenging because many Dominicans of Haitian descent do not have proper
paperwork and were not formally registered since they were born in rural areas without access to
hospitals. The regularization process required migrant workers to register and complete the process by
June 17, 2015, or be subject to deportation. Haitians make up a large percentage of migrant workers in
the Dominican Republic, leaving a large population of Haitian immigrants at risk of deportation. Less
than half of the Dominican Republic’s estimated 500,000 migrant workers have started the
regularization process. The migrant workers who have registered for regularization have been granted a
45-day grace period to complete the process. Under-resourced immigration processing centers, as well
as difficulties in obtaining appropriate paperwork and transportation to processing centers have
reportedly hampered people’s ability to register and complete the regularization process.
There is a risk of illegal deportation of Dominicans of Haitian descent and migrant workers who have
registered for regularization because the impending deportations will be large scale and likely lack
adequate screening mechanisms. The Dominican Republic’s treatment of Haitians predates the recent
events concerning the possible mass deportation of Haitians. The 1937 Parsely Massacre claimed the
lives of thousands of Haitians after the Dominican Republic’s dictator ordered the killing of those
believed to be Haitian. Mayor Oliver Gilbert, finds that it is in the best interest of the citizens and
residents of the City of Miami Gardens to condemn the Dominican Republic’s impending mass
deportation of Haitian immigrants given the human rights implications, risk of illegal deportations, and
current ineffectiveness of the regularization process.
Proposed Action:
That the City Council adopts the attached Resolution.
Attachment:
Page 295 of 322
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, CONDEMNING THE DOMINICAN 4 REPUBLIC’S IMPENDING MASS DEPORTATION OF 5
DOMINICANS OF HAITIAN DESCENT; URGING THE 6
DOMINICAN REPUBLIC TO COMPLY WITH INTERNATIONAL 7
HUMAN RIGHTS LAWS, AND HALT ALL IMPENDING 8 DEPORTATIONS; PROVIDING FOR INSTRUCTIONS TO THE 9 CITY CLERK; PROVIDING FOR THE ADOPTION OF 10
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 11
12
WHEREAS, a 2013 Dominican Republic court decision stripped away the 13
citizenship of Dominicans born after 1929 to parents not of Dominican ancestry; and 14
WHEREAS, the ruling affected more than 200,000 Dominican citizens of Haitian 15
descent, rendering them stateless, and 16
WHEREAS, the decision’s retroactive application is a blatant derogation of both 17
International human rights law and the Dominican Republic’s own legal norms, and 18
WHEREAS, the ruling conflicts with the Inter-American Court of Human Rights 19
decision in Yean and Bosico v. Dominican Republic, which upheld the rights of all 20
Dominicans regardless of race, color, or national origin, and found that the Dominican 21
Republic violated the rights of Dominican born citizens of Haitian descent by denying them 22
citizenship, and 23
WHEREAS, the ruling also conflicts with the Inter-American Court of Human Rights 24
decision in Case of Expelled Dominican and Haitian People v. Dominican Republic, which 25
found the detention, treatment, and mass expulsion of Haitians and Dominicans of Haitian 26
descent to constitute violations of human rights, and 27
WHEREAS, following the 2013 court ruling, the Dominican Republic passed a law 28
creating naturalization and regularization processes, and 29
Page 296 of 322
2
WHEREAS, Dominicans of Haitian descent could become naturalized citizens 30
through the naturalization process and undocumented migrant workers could obtain work 31
permits through the regularization process, and 32
WHEREAS, those registering for naturalization will be granted citizenship if they 33
have proper documentation and were formally registered when born in the Dominican 34
Republic, and 35
WHEREAS, the naturalization process is challenging because many Dominicans of 36
Haitian descent do not have proper paperwork and were not formally registered since they 37
were born in rural areas without access to hospitals, and 38
WHEREAS, the regularization process required migrant workers to register and 39
complete the process by June 17, 2015, or be subject to deportation, and 40
WHEREAS, Haitians make up a large percentage of migrant workers in the 41
Dominican Republic, leaving a large population of Haitian immigrants at risk of deportation, 42
and 43
WHEREAS, less than half of the Dominican Republic’s estimated 500,000 migrant 44
workers have started the regularization process, and 45
WHEREAS, the migrant workers who have registered for regularization have been 46
granted a 45-day grace period to complete the process, and 47
WHEREAS, under-resourced immigration processing centers, as well as difficulties 48
in obtaining appropriate paperwork and transportation to processing centers have 49
reportedly hampered people’s ability to register and complete the regularization process, 50
and 51
Page 297 of 322
3
WHEREAS, there is a risk of illegal deportation of Dominicans of Haitian descent 52
and migrant workers who have registered for regularization because the impending 53
deportations will be large scale and likely lack adequate screening mechanisms, and 54
WHEREAS, the Dominican Republic’s treatment of Haitians predates the recent 55
events concerning the possible mass deportation of Haitians, and 56
WHEREAS, the 1937 Parsely Massacre claimed the lives of thousands of Haitians 57
after the Dominican Republic’s dictator ordered the killing of those believed to be Haitian, 58
and 59
WHEREAS, Mayor Oliver Gilbert, finds that it is in the best interest of the citizens 60
and residents of the City of Miami Gardens to condemn the Dominican Republic’s 61
impending mass deportation of Haitian immigrants given the human rights implications, 62
risk of illegal deportations, and current ineffectiveness of the regularization process, 63
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 64
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 65
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 66
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 67
made a specific part of this Resolution. 68
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 69
hereby condemns the Dominican Republic’s Impending Mass deportation of 70
Dominicans of Haitian descent and urges the Dominican Republic to comply with 71
International Human Rights Laws, and halt all impending deportations. 72
Section 3: INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 73
authorized to obtain two (2) fully executed copies of the subject Agreement with one to 74
be maintained by the City, and one to be delivered to the President of the United States, 75
Page 298 of 322
4
Barack Obama; Dominican Republic President, Danilo Medina; the United States 76
Ambassador to the Dominican Republic James Brewster; and the United States 77
Congress. 78
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 79
upon its final passage. 80
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 81
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 82
83
___________________________________ 84
OLIVER GILBERT, III, MAYOR 85 86 87
88
ATTEST: 89
90 91 __________________________________ 92
RONETTA TAYLOR, MMC, CITY CLERK 93
94
95 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 96 97
98
SPONSORED BY: MAYOR OLIVER GILBERT III 99
100 Moved by: __________________ 101 102
VOTE: _________ 103
104
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 105 Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 106 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 107
Councilman David Williams Jr ____ (Yes) ____ (No) 108
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 109
Councilman Rodney Harris ____ (Yes) ____ (No) 110 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 111
112
Page 299 of 322
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: September 9, 2015 Item Type: (Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box)
Yes No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
X Public Hearing:
(Enter X in box)
Yes No Yes No
Funding Source:
Councilman Harris
Expense Account,
Special Events Account, General Fund – Parks and Recreation, and/or Sponsorships
Advertising Requirement:
(Enter X in box)
Yes No
Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: NA X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational Bus. & Economic Dev
Public Safety Quality of Education Qual. of Life & City Image Communication
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address) X
Sponsor Name
Rodney Harris,
Councilman
Department: Office of the Mayor & City Council
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AUTHORIZING THE USE OF FUNDS FOR FAMILY
ENTERTAINMENT FOR COUNCILMAN HARRIS’ FOOD TRUCK INVASION EVENT FROM THE SPECIAL EVENT FUND; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Background
Item K-2) Consent Agenda
Resolution
Councilman Rodney Harris' Food Truck Invasion
Page 300 of 322
18605 NW 27th Avenue
Miami Gardens, Florida 33056
Per City Council’s approval on July 22, 2015, Councilman Harris launched the Miami Gardens’ edition of
Food Truck Invasion. This event brings food trucks and family entertainment to Rolling Oaks Park every
third Friday of the month, from 5:30pm – 9:30pm. Based on the turnout and great feedback received in
July 2015, Councilman Harris would like to use funds from the Special Events Account to provide an
enhanced experience for the residents.
Fiscal Impact
Family entertainment such a music, movies, bounce houses, game trucks, etc. will be covered by
supplies housed with Miami Gardens Parks and Recreation Department or rented using funds from
Councilman Harris’ expense account, special events account or with sponsorships. As of August 21,
2015, Councilman Harris’ special events account has an available balance of $4,100.
Proposed Action:
It is recommended that the City Council approve this resolution.
Attachment:
None.
Page 301 of 322
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE USE OF 4 FUNDS FOR FAMILY ENTERTAINMENT FOR COUNCILMAN 5
HARRIS’ FOOD TRUCK INVASION EVENT FROM THE SPECIAL 6
EVENT FUND; PROVIDING FOR THE ADOPTION OF 7
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 8 9 WHEREAS, on July 22, 2015, Councilman Harris launched the Miami Gardens’ 10
edition of Food Truck Invasion, and 11
WHEREAS, this event brings food trucks and family entertainment to Rolling 12
Oaks Park every third Friday of the month, and 13
WHEREAS, based on the great feedback received in July 2015, Councilman 14
Harris would like to use funds from the Special Events Account to provide family 15
entertainment for the residents, which includes but not limited to music, movies, bounce 16
houses and game trucks, and 17
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 18
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 19
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 20
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 21
made a specific part of this Resolution. 22
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 23
hereby authorizes the use of funds for family entertainment for Councilman Harris’ Food 24
Truck Invasion Event from the Special Event Fund. 25
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 26
upon its final passage. 27
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 28
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 29
Page 302 of 322
2
30
___________________________________ 31 OLIVER GILBERT, III, MAYOR 32 33
34
35
ATTEST: 36 37 38
__________________________________ 39
RONETTA TAYLOR, MMC, CITY CLERK 40
41 42 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 43
44
45
SPONSORED BY: COUNCILMAN RODNEY HARRIS 46 47 Moved by: __________________ 48
49
VOTE: _________ 50
51 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 52 Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 53
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 54
Councilman David Williams Jr ____ (Yes) ____ (No) 55
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 56 Councilman Rodney Harris ____ (Yes) ____ (No) 57 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 58
59
Page 303 of 322
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: September 9, 2015 Item Type:
Resolution Ordinance Other
x
Fiscal Impact:
Yes No Ordinance Reading: 1st Reading 2nd Reading
x Public Hearing:
Yes No Yes No
Funding Source: Special Event Fund Advertising Requirement: Yes No X
Contract/P.O. Required:
Yes No RFP/RFQ/Bid #:
X
Strategic Plan Related: Yes No Strategic Plan Priority Area: Enhance Organizational
Bus. & Economic Dev Public Safety Quality of Education
Qual. of Life & City Image Communication
Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) Business and Economic Development
N/A
Sponsor Name: Felicia Robinson,
Vice Mayor Department: Office of the Mayor & City Council
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, RECOGNIZING OCTOBER 2015 AS BREAST
CANCER AWARENESS MONTH IN THE CITY OF MIAMI GARDENS AND IMPLEMENTING PINK MONTH EVENTS; AUTHORIZING AN ALLOCATION OF FIVE THOUSAND DOLLARS ($5,000.00) FROM THE
SPECIAL EVENT FUND UPON APPROVAL OF THE 2015-2016 FISCAL
YEAR BUDGET; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Item K-3) Consent Agenda
Resolution
Breast Cancer Awareness Month October 2015
Page 304 of 322
18605 NW 27th Avenue
Miami Gardens, Florida 33056
The National Breast Cancer Awareness Month (NBCAM) is a collaboration of national public service
organizations, professional medical associations, and government agencies working together to promote
breast cancer awareness, share information on the disease, and provide greater access to services.
Since its inception more than 27 years ago, NBCAM has been at the forefront of promoting awareness of
breast cancer issues and has evolved along with the national dialogue on breast cancer. NBCAM and
Vice Mayor Felicia Robinson recognize that although many great strides have been made in breast
cancer awareness and treatment, there remains much to be accomplished. Both remain dedicated to
educating and empowering women and men to take charge of their own breast health.
In recognition of October as National Breast Cancer Awareness Month, Vice Mayor Robinson
recommends that the City implement a campaign for the month of October entitled, “Paint the City
Pink”.
The cost associated with implementing Miami Gardens “Pink” events are not expected exceed
$ 5,000.00, as sponsors will be secured.
Proposed Action:
Vice Mayor Felicia Robinson recommends that the Council adopt this resolution recognizing October
2015, as Breast Cancer Awareness Month in the City of Miami Gardens, and to implement the Paint the
City Pink events.
Attachments:
Attachments A – Save the Date Flyer
Page 305 of 322
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, RECOGNIZING OCTOBER 2015 AS 4 BREAST CANCER AWARENESS MONTH IN THE CITY OF 5
MIAMI GARDENS AND IMPLEMENTING PINK MONTH EVENTS; 6
AUTHORIZING AN ALLOCATION OF FIVE THOUSAND 7
DOLLARS ($5,000.00) FROM THE SPECIAL EVENT FUND UPON 8 APPROVAL OF THE 2015-2016 FISCAL YEAR BUDGET; 9 PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 10
PROVIDING FOR AN EFFECTIVE DATE. 11
12
WHEREAS, October is National Breast Cancer Awareness Month, and 13
WHEREAS, the National Breast Cancer Awareness Month (NBCAM), is a 14
collaboration of national public service organizations, professional medical associations, 15
and government agencies working together to promote breast cancer awareness, share 16
information on the disease, and provide greater access to services, and 17
WHEREAS, in recognition of October as National Breast Cancer Awareness 18
Month, Vice Mayor Felicia Robinson recommends that the Council adopt this resolution 19
recognizing October 2015, as Breast Cancer Awareness Month in the City of Miami 20
Gardens and to implement the Paint the City Pink events, 21
WHEREAS, the cost associated with implementing the City of Miami Gardens 22
“Pink” events are not expected exceed Five Thousand Dollars, ($5,000.00), as sponsors 23
will be secured, 24
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 25
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 26
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 27
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 28
made a specific part of this Resolution. 29
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 30
hereby recognizes October 2015 as Breast Cancer Awareness Month in the City Of 31
Page 306 of 322
2
Miami Gardens and implements Pink Month Events and the City Council furthers 32
authorizes an allocation of Five Thousand Dollars ($5,000.00), from the Special Event 33
Fund upon approval of the 2015-2016 Fiscal Year Budget for this purpose. 34
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 35
upon its final passage. 36
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 37
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 38
39
___________________________________ 40
OLIVER GILBERT, III, MAYOR 41 42 43
44
ATTEST: 45
46 47 __________________________________ 48
RONETTA TAYLOR, MMC, CITY CLERK 49
50
51 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 52 53
54
SPONSORED BY: VICE MAYOR FELICIA ROBINSON 55
56 Moved by: __________________ 57 58
VOTE: _________ 59
60
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 61 Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 62 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 63
Councilman David Williams Jr ____ (Yes) ____ (No) 64
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 65
Councilman Rodney Harris ____ (Yes) ____ (No) 66 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 67
68
Page 307 of 322
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: September 9, 2015 Item Type: (Enter X in box)
Resolution Ordinance Other
x
Fiscal Impact:
(Enter X in box)
Yes No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
x Public Hearing:
(Enter X in box)
Yes No Yes No
x
Funding Source:
(Enter Fund & Dept) Advertising Requirement:
(Enter X in box)
Yes No
x
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #: (Enter #) x
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational Bus. & Economic Dev Public Safety
Quality of Education Qual. of Life & City Image Communcation
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address) n/a
x
Sponsor Name
Ronetta Taylor,MMC, City Clerk Department: Office of the City Clerk
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CANCELING THE NOVEMBER 25, 2015, AND DECEMBER 23, 2015,
CITY COUNCIL MEETINGS; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.
Staff Summary:
The second City Council meeting in November falls the week of Thanksgiving. The second City Council
meeting in December falls the week of Christmas. Traditionally, the City Council has cancelled these
meetings to allow its members, staff and residents to travel during this period. If something critical
should arise, it is always possible to call a special Council meeting.
Item K-4) Consent Agenda
Resolution
Council Meeting Cancellations
Page 308 of 322
18605 NW 27th Avenue
Miami Gardens, Florida 33056
Proposed Action:
RECOMMENDATION: That City Council approve the resolution canceling the November 25, 2015, and
December 23, 2015, City Council Meetings.
Attachment:
Page 309 of 322
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, CANCELING THE CITY COUNCIL 4 MEETINGS FOR WEDNESDAY, NOVEMBER 25, 2015, AND 5
WEDNESDAY, DECEMBER 23, 2015, CITY COUNCIL 6
MEETINGS; PROVIDING FOR THE ADOPTION OF 7
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 8 9 WHEREAS, Section 2-49 of the Code of Ordinances entitled “Regular Meetings” 10
provides that “The City Council shall hold regular meetings on the second and fourth 11
Wednesday of the month at 7:00 p.m., and 12
WHEREAS, the fourth City Council meeting in November falls on the week of 13
Thanksgiving, and the fourth City Council meeting in December falls on the week of 14
Christmas, and 15
WHEREAS, traditionally, the City Council has cancelled these meetings to allow 16
its members, staff and residents to observe the holidays during this period, and 17
WHEREAS, if critical issues should arise a special Council meeting could be 18
held, and 19
WHEREAS, City’s Clerk recommends the cancelling of Wednesday, November 20
25, 2015 and the Wednesday, December 23, 2015, due to the Holiday observation, 21
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 22
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 23
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 24
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 25
made a specific part of this Resolution. 26
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 27
hereby cancels the City Council meetings for Wednesday, November 25, 2015, and 28
Wednesday, December 23, 2015. 29
Page 310 of 322
2
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 30
upon its final passage. 31
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 32
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 33
34
___________________________________ 35
OLIVER GILBERT, III, MAYOR 36
37 38 ATTEST: 39
40
41
__________________________________ 42 RONETTA TAYLOR, MMC, CITY CLERK 43 44
45
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 46
47 48 SPONSORED BY: RONETTA TAYLOR, MMC, CITY CLERK 49
50
Moved by: __________________ 51
52 VOTE: _________ 53 54
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 55
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 56
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 57 Councilman David Williams Jr ____ (Yes) ____ (No) 58 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 59
Councilman Rodney Harris ____ (Yes) ____ (No) 60
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 61
62
Page 311 of 322
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: September 9, 2015 Item Type:
(Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box) Yes No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
X Public Hearing:
(Enter X in box)
Yes No Yes No
x
Funding Source: Advertising Requirement:
(Enter X in box)
Yes No
x
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:
X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational Bus. & Economic Dev Public Safety
Quality of Education Qual. of Life & City Image Communication
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)N/A X
Sponsor Name Ronetta Taylor, MMC, City Clerk Department: City Manager Office of the City Clerk
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RESCHEDULING THE WEDNESDAY,
NOVEMBER 11, 2015 TO TUESDAY, NOVEMBER 10, 2015; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE.
Staff Summary:
Section 2-49 of the Code of Ordinances entitled “Regular Meetings” provides that “The City Council shall
hold regular meetings on the second and fourth Wednesday of the month at 7:00 p.m., and shall end no
later than 12 midnight”.
Item K-5) Consent Agenda
Resolution
November Council MeetingReschedule
Page 312 of 322
18605 NW 27th Avenue
Miami Gardens, Florida 33056
The second Wednesday in November falls on Veteran’s Day, a national holiday observed by the City of
Miami Gardens.
Proposed Action:
Recommend Council approval of the resolution, rescheduling the City Council Meeting of Wednesday,
November 11, 2015 to Tuesday, November 10, 2015
Attachment:
Page 313 of 322
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, RESCHEDULING THE 4 WEDNESDAY, NOVEMBER 11, 2015 TO TUESDAY, NOVEMBER 5
10, 2015; PROVIDING FOR THE ADOPTION OF 6
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 7
8 WHEREAS, Section 2-49 of the Code of Ordinances entitled “Regular Meetings” 9
provides that “The City Council shall hold regular meetings on the second and fourth 10
Wednesday of the month at 7:00 p.m., and 11
WHEREAS, the City Council currently has a meeting scheduled for Wednesday, 12
November 11, 2015 at 7:00 p.m., and 13
WHEREAS, the second Wednesday in November falls on Veteran’s Day, a 14
National Holiday observed by the City of Miami Gardens, and 15
WHEREAS, City’s Clerk recommends rescheduling the Wednesday, November 16
11, 2015 to Tuesday, November 10, 2015 at 7:00 p.m., 17
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 18
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 19
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 20
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 21
made a specific part of this Resolution. 22
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 23
hereby reschedules the Wednesday, November 11, 2015 to Tuesday, November 10, 24
2015. 25
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 26
upon its final passage. 27
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 28
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 29
Page 314 of 322
2
30
___________________________________ 31 OLIVER GILBERT, III, MAYOR 32 33
34
ATTEST: 35
36 37 __________________________________ 38
RONETTA TAYLOR, MMC, CITY CLERK 39
40
41 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 42 43
44
SPONSORED BY: RONETTA TAYLOR, MMC, CITY CLERK 45
46 Moved by: __________________ 47 48
VOTE: _________ 49
50
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 51 Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 52 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 53
Councilman David Williams Jr ____ (Yes) ____ (No) 54
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 55
Councilman Rodney Harris ____ (Yes) ____ (No) 56 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 57
58
Page 315 of 322
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: September 9, 2015 Item Type: (Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box)
Yes
NO
Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
X Public Hearing:
(Enter X in box)
Yes No Yes No
X
Funding Source:
Capital Projects
Fund
Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #: RFI No. 15-004 - Public Safety Dispatch Radio X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational Bus. & Economic Dev Public Safety
Quality of Education Qual. of Life & City Image Communcation
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address) N/A
X
Sponsor Name Cameron Benson, City Manager Department: Police Department
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO COOPER-GENERAL
CORPORATION, FOR THE PURCHASE AND INSTALLATION OF THE
PUBLIC SAFETY DISPATCH SYSTEM IN THE POLICE DEPARTMENT
COMPLEX; AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS, IN AN AMOUNT NOT TO EXCEED, ONE HUNDRED TWENTY-NINE THOUSAND, EIGHT HUNDRED TWENTY-
SEVEN DOLLARS AND EIGHTY CENTS ($129,827.80), FOR THIS
PURPOSE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
BACKGROUND
Item K-6) Consent Agenda
Resolution
Bid Award/Cooper-General Corporation
Page 316 of 322
18605 NW 27th Avenue
Miami Gardens, FL 33056
City of Miami Gardens Police Department (MGPD) needs to supplement their existing communication
and radio equipment with devices and parts that are equal to or greater than the existing systems in use
in the Police Department’s operational framework. The equipment is required for the operation and
functionality with existing equipment currently in use at the facility. The new facility will incorporate
additional work and operator stations to accommodate the growth of staff and operational needs of the
Police Department.
MGPD has made significant investment in time and money and already purchased and installed Harris
Corporation Trunk mount (M7300 – Model MAMW-NDMXX) and handheld portable (P7300, model
MAEV-S7HXS-P7350). The radio equipment uses technology that fully supports the existing operational
needs of the department. MGPD wants to equip and install the remainder of the Police Department
with fully compatible (both backward compatible and forward compatible) radio equipment to keep the
radio equipment functioning efficiently, effectively and simultaneously over two Dispatch Centers, as
the agency slowly transitions command operations from one building to another.
The newly proposed dispatch radio system will perform the functions compatible with currently installed
functions which exist in the current Police Department. The dispatch radio system is compatible with
the vehicle mounted mobile and portable radios. This proposed radio system will require compatibility
able to interface with the “NICE” Recording System and the C-Soft Console software currently installed
in the MGPD. This allows CMG-PD to interface with Miami Dade County Radio System and equipment
from either site seamlessly and without interruption. The finished product will also expand the coverage
area for receiving better signals.
The completed system will be able to fully support the Harris and Telex radio system equipment
functionality as required by the Police Department.
CURRENT
Staff prepared specifications for the Furnish and Install of Public Safety Dispatch Radio System in to the
Police Department Complex. The Invitation to Bid (ITB) No. 14-15-020 was posted on March 25, 2015. A
broadcast notice was sent to two hundred and sixty (260) vendors. Twenty-one (21) solicitation
packages were requested. The bid opened on May 6, 2015. One (1) bid was received and publicly read.
The City Council rejected the bid for ITB No. 14-15-020 on July 24, 2013, and directed staff to modify and
re-solicit the Scope of Services.
City staff prepared scope of services and advertised the Request For Information No. 15-004 on July 9,
2015, to determine availability of potential alternate sources of Harris and Telex manufacture
equipment that are interchangeable with and compatible with Harris Corporation mobile radios. One
(1) response was received from Cooper General Corp, the previous vendor that installed M7300 – Model
MAMW-NDMXX. The response was evaluated by staff. A broadcast notice was sent to two-hundred and
thirty suppliers (230). Four (4) plan holders requested bid packages. The RFI was opened on July 13,
2015.
City staff conducted a thorough analysis of the vendor’s response. The analysis revealed that only the
Harris and Telex brand allows a seamless retrofitting compatibility with existing Harris and Telex that
were installed into the Police Department. Cooper-General Corp. is authorized to distribute Harris and
Telex equipment.
Page 317 of 322
18605 NW 27th Avenue
Miami Gardens, FL 33056
A copy of the proposal document and submittals are available at the Assistant to the Mayor and
Council’s office for review.
FISCAL IMPACT
The City Hall/Police Headquarters project budgeted $130,464 for police radios and antenna including
permit fees. This proposal is for $129,827.80 plus the current projection of permit fees is $4,500,
resulting in a total cost for this task at $134,328. This current total is $3,864 over the budgeted amount.
This amount is able to be absorbed in the additional financing that was presented to Council of an
amount not to exceed eight million dollars.
Proposed Action:
The City Council authorize the City Manager to issue purchase orders for the purchase, and install of
communication equipment for the Police Department from Cooper – General, Corp. for a total not-to -
exceed $129,827.80.
Attachment:
Exhibit No. 1 - Bid Tabulation
Page 318 of 322
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AWARDING A BID TO COOPER-4 GENERAL CORPORATION, FOR THE PURCHASE AND 5
INSTALLATION OF THE PUBLIC SAFETY DISPATCH SYSTEM 6
IN THE POLICE DEPARTMENT COMPLEX; AUTHORIZING THE 7
CITY MANAGER TO ISSUE PURCHASE ORDERS, IN AN 8 AMOUNT NOT TO EXCEED, ONE HUNDRED TWENTY-NINE 9 THOUSAND, EIGHT HUNDRED TWENTY-SEVEN DOLLARS 10
AND EIGHTY CENTS ($129,827.80), FOR THIS PURPOSE; 11
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 12
PROVIDING FOR AN EFFECTIVE DATE. 13 14 WHEREAS, City staff prepared specifications for the purchase and installation of 15
the public safety dispatch system in the new Police Department Complex, and 16
WHEREAS, on July 13, 2015, Request For Information No. 15-004 was 17
broadcasted to solicit vendors of radio equipment that is compatible with Harris 18
Corporation mobile radios, and 19
WHEREAS, one (1) response was received from Cooper General Corporation, 20
the previous vendor that installed current equipment that is being utilized by the City, 21
and 22
WHEREAS, City staff recommends awarding a bid to Cooper-General 23
Corporation, for the purchase and installation of the public safety dispatch system in the 24
Police Department Complex, and 25
WHEREAS, the total cost for the purchase and installation of the dispatch system 26
is estimated to cost One Hundred Twenty-Nine Thousand, Eight Hundred Twenty-27
Seven Dollars and Eighty Cents ($129,827.80), 28
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 29
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 30
Page 319 of 322
2
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 31
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 32
made a specific part of this Resolution. 33
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 34
hereby awards a bid to Cooper-General Corporation, for the purchase and installation of 35
the public safety dispatch system in the Police Department Complex; and authorizes the 36
City Manager to issue purchase orders, in an amount not to exceed, One Hundred 37
Twenty-Nine Thousand, Eight Hundred Twenty-Seven Dollars and Eighty Cents 38
($129,827.80), for this purpose. 39
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 40
upon its final passage. 41
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 42
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 43
44
___________________________________ 45 OLIVER GILBERT, III, MAYOR 46
47
48
49 ATTEST: 50 51
52
__________________________________ 53
RONETTA TAYLOR, MMC, CITY CLERK 54 55 56
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 57
58
59 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 60 61
Moved by: __________________ 62
63
VOTE: _________ 64
Page 320 of 322
3
65
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 66
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 67 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 68 Councilman David Williams Jr ____ (Yes) ____ (No) 69
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 70
Councilman Rodney Harris ____ (Yes) ____ (No) 71
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 72
73
Page 321 of 322
Exhibit - 1
Bid Submittals: 1
Declinations: 0
Description
For all Labor, Materials, Equipment &
Supplies necessary to furnishing and
install interior and exterior antennas and
the supply and installation of all radio
dispatch system components and
training in as per detailed specifications.
See exhibit II Scope of Detailed Work
ncludes One (1) year warranty for BDA,
Dispatch, Testing, Training,
miscellaneous hardware
This is only a tabulation of prices and is not an indication of award or responsiveness.
Total Line Price
$129,827.80
Cooper-General Corporation
1785 NW 79th Avenue Doral, Fl 33126
305-223-6399 Office / 305-559-6624 Fax
www.coopergeneral.com
RFI No. 15-004
Public Safety Dispatch Radio System
Agency: Police Department
Purchasing Agent: Lindell Y. Miller
TABULATION SHEET
Date Bid Opened: July 10, 2015
Page 322 of 322