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2011-044-1437 - Agreement with Yve & Associates City of Miami Gardens Agenda Cover Memo Council Meeting Date: March 23, 2011 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 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) Obj. – Advance Business & Economic Development in 3 established major corridors X Sponsor Name Danny Crew. City Manager Department: Community Development Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THAT CERTAIN SUB‐RECIPIENT AGREEMENT WITH YVE & ASSOCIATES IN AN AMOUNT NOT TO EXCEED SEVEN THOUSAND FIVE HUNDRED FIFTY DOLLARS ($7,550.00) TO PROVIDE TRAINING TO ELIGIBLE SMALL BUSINESS OWNERS, ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background Since the inception of the Business Incentive Program (BIP) in July 2008, more than 45 applications have been received and reviewed. The BIP is a City‐run program which offers financial assistance to existing business owners for façade improvements, property acquisition and other property improvements. During the underwriting process, the documentation submitted by many of the businesses reflected the ITEM J-1) RESOLUTION/PUBLIC HEARING Agreement with Yve & Associates 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 following: 1) inability to prepare and plan for their future business needs, 2) lack of information regarding alternative financing options, and 3) poor budgeting and financial recordkeeping practices. It could be inferred that the businesses lack of access to capital outlay can be linked to the need for financial literary education. To date, 40 business applicants were denied assistance under this program. The primary reasons for the loan denial included project scope ineligibility such as the procurement of office furniture, non‐responsiveness for additionally required documents, unpaid property taxes, and refusal of loan terms and/or commitment fee. While reviewing those applications, it became evident that many businesses were in need of technical assistance in the areas of Budgeting, Credit, Financing, and Business Planning. However, staff had been unable to identify an eligible method to provide these services to business applicants. City staff became aware of an individual (Ms. Yolanda English) who was providing financial training classes to residents thru a local church. Staff met with Ms. English and articulated the void that existed with many local businesses that had applied for funds thru the BIP. Staff then received an unsolicited proposal from Ms. Yolanda English of YVE & Associates offering financial counseling to the local business community in a comprehensive, one‐on‐one forum. The training being offered by YVE & Associates would provide business owners increased access to private capital and technical training. The focus of the training would help businesses to first identify how to spend less and put more money back into the business, and then increase both personal and business credit before learning about the various financing options available. The training will also cover strategic internet marketing. Current Situation YVE & Associates was established in 1999 as a financial advising firm, specializing in investments options. The principal, Yolanda English, possesses a FINRA Series 7 (General Securities License) and Series 63 (Uniform Securities Agent State Law offered through H. Beck Inc.). She currently volunteers with The Fountain of New Life Church in Miami Gardens to teach financial literary to its congregation. Ms. English has designed a business training program to assist small businesses in the growth and longevity of their business. The “Small Business Toolkit” series is a comprehensive set of classes that will educate entrepreneurs in the areas of Budgeting, Credit, Financing, Social Marketing, Technology and Business Planning. The 6‐week course will meet once a week for 1 ½ hour sessions. The series will repeat for 5 sessions during the remainder of the fiscal year. The intended outcomes are 1) to help business begin to re‐build their credit; 2) help local and small businesses find solutions to better manage their fiscal operations, 3) provide counseling in the areas of business network expansion opportunities including social media, and (4) to place local businesses in a more favorable financial capacity for future opportunities. The services to be provided by YVE & Associates are considered a Public Service eligible under Community Development Block Grant Funds. As such, a sub‐recipient agreement is needed. Staff is requesting that the City Council authorize the City Manager to execute the sub‐recipient agreement with 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 YVE & Associates in the amount not to exceed $7,550 for the provision of technical assistance to income eligible small business owners. Proposed Action: That the City Council approve the attached resolution authorizing the City Manager to enter into an agreement to YVE & Associates for implementation of the Small Business Toolkit Series in the amount of $7,550. Attachment: • City of Miami Gardens’ Proposal “Small Business Toolkit Series” • CDBG Public Services Program Agreement • Yolanda English’s Resume City of Miami Gardens Proposal “Small Business Boot Camp Series” Guest Speaker: Yolanda English, Your Financial Fitness Coach Summary: The Small Business Boot Camp Series will consist of 4 consecutive day sessions to be held on the last week of the month, Monday through Thursday night from 6pm to 7:30pm. This series will repeat for 5 sessions during the calendar year: Session One – 4/25 – 4/28/2011 Session Two – 5/23 – 5/26/2011 Session Three – 6/27 – 6/30/2011 Session Four – 7/25 – 7/28/2011 Session Five – 8/29 – 9/1/2011 The Small Business Mini Boot Camp series is a comprehensive set of workshops that will educate low to moderate income Miami Garden entrepreneurs. Our primary target market will be with applicants who were declined loans in the Business Incentive Program (BIP). A waiver of the $250 application fee for the BIP will be awarded after completing the 4 day mini boot camp. Attendees will be trained in the areas of Budgeting, Credit, Financing, Social Marketing and Technology. The order of the classes is designed to first identify how to spend less and put more money back into the business. The next step is to increase both personal and business credit before learning about the various financing options available. Social Media Marketing class will not only boost sales but save capital previous spent on marketing. The Technology class will focus on using Outlook, virtual assistants and smart phones to schedule, plan and analyze your daily activities as well as the importance of a professional web presence. Classes will include handouts and takeaway assignments to be completed before the following class. The first 10 minutes of classes 2 through 4 will be allotted for business owners to share how they implemented the previous lesson into their business model. Classes topics: 1. Money Makeover – Cost cutting strategies for your business 2. Declined, Now What? – How to rebuild personal and business credit 3. Social Media Marketing – Free marketing tools at your fingertips 4. Technology IS Your Friend – Boosting productivity and credibility Other possible topics include but are not limited to: Creating Work-Life Balance Goal Setting Workshop Advanced Investment Strategies Understanding Business Insurance Proposed Annual Budget Five sessions – 30 hours Built in overhead – 20.33 Hourly Rate $150 Total Hours – 50.33 Total Annual Budget $7550 Optional private training available for up to 2 hours/week during sessions at $150/hr PRESENTS “Small Business Toolkit Series” 1. Money Makeover – Cost cutting strategies for your business 2. Declined, Now What? – How to rebuild personal and business credit 3. Social Media Marketing – Free marketing tools at your fingertips 4. Technology IS Your Friend – Boosting productivity and credibility WEDNESDAYS 6PM – 7:30PM APR 25th – APR 28 th Yolanda English has been in the financial services industry since 1987. She serves many clients and has conducted numerous financial seminars and workshops in Florida and throughout the United States. Yolanda has a Bachelor's Degree in Finance from Wilberforce University. She holds a FINRA Series 7 General Securities Representative and a Series 63, Uniform Securities Agent State Law offered through H. Beck Inc. In addition, Yolanda is a commercial mortgage broker and a licensed insurance agent representing numerous carriers in Florida and Georgia. After working for various Fortune 500 companies, Yolanda formed YVE & Associates in 1999 in an effort to offer a wider array of investment options to her client base. Her firm specializes in growing the money you have and locating the money you need. Yolanda’s main objective is to help clients reach their financial goals by delivering strategies that build and protect wealth. While business owners and executives find her service especially useful in building and protecting the financial success they worked so hard for, retirees also utilize her expertise to stretch their nest egg throughout retirement years. Her many civic activities have included and Alpha Kappa Alpha Sorority, Inc. and International Mastermind Association. Yolanda is in high demand as a Financial Fitness Coach because of her honesty, integrity, and commitment to client satisfaction. THE CITY OF MIAMI GARDENS AND YOLANDA ENGLISH, YOUR FINANCIAL FITNESS COACH BOOK YOLANDA ENGLISH FOR AN EVENT KEYNOTES, WORKSHOPS, SEMINARS, PANEL DISCUSSIONS CALL TODAY 305.831.5692 www.YourFinancialFitnessCoach.com -www.YolandaEnglish.com CITY OF MIAMI GARDENS, FLORIDA COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC SERVICE PROGRAMS AGREEMENT THIS AGREEMENT (hereinafter the “Agreement”) is entered into this 1st day of April, 2011, between the City of Miami Gardens, a municipal corporation of the State of Florida (hereinafter referred to as the “CITY”) and YVE & Associates, Inc., a Florida for profit corporation (hereinafter referred to as the “SUBRECIPIENT”). FUNDING SOURCE: Community Development Block Grant Funds AMOUNT: $7,550.00 TERM OF THE AGREEMENT: April 1, 2011 through September 30, 2011 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 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 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. 2 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, 3 Local and Federally recognized Indian Tribal Governments;” OMB Circular No. A-110, 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 ___April 1, 2011 and end on September 30, 2011__. 3.3 OBLIGATIONS OF SUBRECIPIENT: The SUBRECIPIENT shall carry out the services and activities as prescribed in its Work Program, which is attached and incorporated herein and made a part of this Agreement, in a manner that is lawful, and satisfactory to the CITY, and in accordance with the written policies, 4 procedures, and requirements as prescribed in this Agreement, and as set forth by HUD and the CITY. 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 $200,000.00, 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 $100,000 combined single limit for bodily and property damage and/or split limits in in the amount of 5 $100,000/$300,000 for bodily injury and $100,000 for property damage. 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 governmental authority, federal or state, in connection with the performance of this Agreement. Subrecipient expressly agrees to indemnify and hold harmless the Indemnities, or 6 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 $500,000 or more in the fiscal year it shall have a single audit or program specific audit conducted for that year. The audit shall be conducted in accordance with GAGAS and OMB Circular A-133. The audit shall determine whether the financial statements are presented fairly in all material respects in conformity with generally accepted accounting principles. 7 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 $500,000 in the fiscal year it is exempted from Federal audit requirements for that year and consequently the audit cost is not a reimbursable expense. The City, however, may request the SUBRECIPIENT to have a limited scope audit for monitoring purposes. These 8 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 moderateincome 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 9 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 senior citizens, disabled persons, battered spouses, abused children, the homeless, illiterate persons, 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 singleheaded 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 10 basis for further investigation relating to compliance with any requirement to attain or maintain any particular statistical measure by race, ethnicity, or gender in covered programs. (ii) Documentation of actions undertaken to meet the requirements of 24 CFR 570.607(b) which implements Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701U) relative to the hiring and training of low-and moderate-income persons and the use of local businesses. 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 11 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 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 12 SUBRECIPIENT which are in any way connected to the activities undertaken pursuant to the terms of this Agreement, and/or interview any clients, employees, subcontractors or assignees of the SUBRECIPIENT. Following such inspection or interviews, the Department will deliver to the SUBRECIPIENT a report of its findings. The SUBRECIPIENT will rectify all deficiencies cited by the Department within the specified period of time set forth in the report or provide the Department with a reasonable justification for not correcting the same. The Department will determine in its sole and absolute discretion whether or not the SUBRECIPIENT’S justification is acceptable. At the request of the CITY, the SUBRECIPIENT shall transmit to the CITY written statements of the SUBRECIPIENT’s official policies on specified issues relating to the SUBRECIPIENT’s activities. The CITY will carry out monitoring and evaluation activities, including visits and observations by CITY staff; the SUBRECIPIENT shall ensure the cooperation of its employees and its Board members in such efforts. Any inconsistent, incomplete, or inadequate information either received by the CITY or obtained through monitoring and evaluation by the CITY, shall constitute cause for the CITY to terminate this Agreement. 6.5 RELATED PARTIES: The 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. 13 7.2 The SUBRECIPIENT shall ensure and maintain documentation that conclusively demonstrates that each activity assisted in whole or in part with CDBG Funds is an activity which provides benefit to low and moderate-income persons. 7.3 The SUBRECIPIENT shall comply with all applicable provisions of 24 CFR Part 570 and shall carry out each activity in compliance with all applicable federal laws and regulations described therein. 7.4 The SUBRECIPIENT shall cooperate with the Department in informing the appropriate citizen participation structures, including the appropriate area committees, of the activities of the SUBRECIPIENT in adhering to the provisions of this Agreement. Representatives of the SUBRECIPIENT shall attend meetings of the appropriate committees and citizen participation structures upon the request of the citizen participation officers or the Department. 7.5 SUBRECIPIENT shall, to the greatest possible, give low-and-moderate-income residents of the service areas opportunities for training and employment. 7.6 NON-DISCRIMINATION: The SUBRECIPIENT shall not discriminate on the basis of race, color, national origin, sex, religion, age, marital or family status or handicap in connection with the activities and/or the Work Program or its performance under this Agreement. 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 14 Non-Profit Organizations” and with the applicable requirements of 24 CFR Part 84 (the revised OMB Circular No. A-110). 7.11 RELIGIOUS ORGANIZATIONS/CONSTITUTIONAL PROHIBITION. If the SUBRECIPIENT is or was created by a religious organization, the SUBRECIPIENT agrees that all CDBG Funds disbursed under this Agreement shall be subject to the conditions, restrictions, and limitations of 24 CFR Part 570.200(j). In accordance with the First Amendment of the United States Constitution, particularly regarding the relationship between church and State, as a general rule, CDBG assistance may not be used for religious activities or provided to primarily religious entities for any activities, including secular activities, as provided in 24 CFR Part 570.200(j). The SUBRECIPIENT shall comply with those requirements and prohibitions when entering into subcontracts. 7.12 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 24 CFR Part 85.43, as set forth more fully below in Article IX of this Agreement. 7.14 The SUBRECIPIENT shall not assume the CITY’s environmental responsibilities described at 24 CFR 570.604 of the CDBG Program regulations nor the CITY’s responsibility for initiating the review process under Executive Order 12372. 15 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. 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. 16 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 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 17 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. 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 18 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 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 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. 19 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 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 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. 20 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 Daniel A. Rosemond, Assistant City Manager/Community Development Director Department of Community Development 1515 N.W. 167 Street; Bldg. 5, Ste. 200 Miami Gardens, Florida 33169 SUBRECIPIENT Yolanda V. English YVES & Associates, Inc. 3921 SW 186TH Avenue Miramar, FL 33029 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, 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. 21 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. 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 YVES & Associates, Inc. a Florida, forprofit corporation ATTEST: _______________________________ By: Corporate Secretary Date Yolanda V. English Date Title: SEAL CITY OF MIAMI GARDENS, a municipal Corporation of the State of Florida ATTEST: __________________________________ By: ___ Ronetta Taylor Date Danny O. Crew Date City Clerk City Manager APPROVED AS TO APPROVED AS TO FORM AND INSURANCE REQUIREMENTS: CORRECTNESS: ___________________________________ ___ Taren Kinglee, Director Date Sonja K. Dickens Date Human Resources/Risk Management City Attorney 23 EXHIBIT C COMPENSATION AND BUDGET SUMMARY YVE & Associates, Inc. A. All payments shall be in the form of reimbursements for program services provided. SUBRECIPIENT will be paid according to the approved budget submitted to the CITY for the specific program. The budget determined for the Small Business Toolkit Series for the funding period beginning April 1, 2011 through September 30, 2011 is as follows: Five Sessions – 30 hours Built in Overhead – 20.33 Total Hours 50.33 Hourly Rate: $150 Total Annual Budget $7,550 (Invoiced per session) The City shall pay YVE & Associates, Inc. (hereinafter referred to as the “SUBRECIPIENT,”) as maximum compensation for the services required pursuant to this Agreement the sum of 7,550.00. B. During the term hereof and for a period of three (3) years following the date of the last payment made hereunder, the CITY shall have the right to review and audit the time records and related records of the SUBRECIPIENT pertaining to any payments by the CITY. C. Requests for payment should be made at least on a monthly basis, by the 15th of the month. Reimbursement requests should be submitted to the City within thirty (30) calendar days after the indebtedness has been incurred on the reimbursement request form provided by the Department of Community Development. D. The SUBRECIPIENT must submit the final request for payment to the City within 30 calendars days following the expiration date or termination date of this Agreement on a form a provided by the Department of Community Development. If the SUBRECIPIENT fails to comply with this requirement, the SUBRECIPIENT shall forfeit all rights to payment and the City shall not honor any request submitted thereafter. E. Any payment due under this Agreement may be withheld pending the receipt and approval by the City of all reports due from the SUBRECIPIENT as a part of this Agreement and any modifications. Name and Title Date 24 EXHIBIT D CITY OF MIAMI GARDENS -DEPARTMENT OF COMMUNITY DEVELOPMENT CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid, or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (1) This undersigned shall require that the language of this certification be included in the award documents for “All” sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a pre-requisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and and not more than $100,000 for each such failure. SUB-RECIPIENT PRINT NAME OF CERTIFYING OFFICIAL SIGNATURE OF CERTIFYING OFFICIAL DATE * Note: In these instances, “All” in the Final Rule is expected to be clarified to show that it applies to covered contract/grant transactions over $100,000 (per QMB). 25 EXHIBIT E CITY OF MIAMI GARDENS -DEPARTMENT OF COMMUNITY DEVELOPMENT CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS 1. The Sub-Recipient certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency. b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 1.b of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall submit an explanation to the City of Miami Gardens. SUB-RECIPIENT ____________________________________ PRINT NAME OF CERTIFYING OFFICIAL ____________________________________ _____________________________ SIGNATURE OF CERTIFYING OFFICIAL DATE 26 EXHIBIT F CITY OF MIAMI GARDENS -DEPARTMENT OF COMMUNITY DEVELOPMENT SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(A). FLORIDA STATUTES ON PUBLIC ENTITY CRIME THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to By (print this individual’s name and title) for (print name of entity submitting statements) whose business address is and if applicable is Federal Employer Identification Number (FEIN) is If the entity has no FEIN, include the Social Security Number of the individual signing this sworn Statement: 2. I understand that a “public entity crime” as defined in paragraph 287.133(1)(a), Florida Statutes, mean a violation of any state or federal law by a person with respect to and directly related to the transactions of business with any public entity or with an agency or political subdivision of any other state or with the United States including, but not limited to any bid or contract for goods or services to be provided to any public entity or any agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that “convicted” or “convection” as defined in Paragraph 287.133(1)(b), Florida Statutes means a finding of guilt or a conviction of a public entity crime, with or without adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a Jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an “affiliate” as defined in paragraph 287.133(1)(a), Florida Statutes, means: a) A predecessor or successor of a person convicted of public entity crime; or b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term “affiliate” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm’s length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 27 5. I understand that a “person” as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term “person” includes those officers, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in a relation to the entity submitting this sworn statement. (Please indicate which statement applies). Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or any affiliate of the entity has been charged charged with and convicted of a public entity crime within the past 36 months. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. AND (Please indicate which additional statement applies). The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. However, there has been a subsequent proceeding before a Hearing Officers of the State of Florida, Division of Administrative Hearings and the Final Order by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attached is a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THE PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED AND FOR THE PERIOD OF THE CONTRACT ENTERED INTO, WHICHEVER PERIOD IS LONGER. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (Signature) Sworn to me and subscribed before me this day of , 20 . Personally known Or produced identification Notary Public -State of My commission expires (Type of Identification) (Printed, typed or stamped commissioned name of notary public) 28 City of Miami Gardens ACCEPTANCE LETTER Office of Management and Budget Circulars and Code and of Federal Regulations __YVE & Associates, Inc.____________ hereby accepts the principles and guidelines described in the following Office of Management and Budget Circulars and Code of Federal Regulations for the Community Development Block Grant (CDBG) Public Service Program Agreement that covers the funding period from April 1, 2011 through September 30, 2011. 29 • 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 “Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations” • 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); • 24 CFR Part 35 “Applicability of Uniform Administrative Requirements” of the CDBG Program Regulations Final Rule and Lead Based Paint Regulations. Signature Date Department of Community Development 1515 NW 167th Street, Miami Gardens, FL 33169 􀁹 Phone: 305-622-8041 􀁹 Fax: 305-622-8046 􀁹 www.miamigardens-fl.gov YOLANDA ENGLISH 950 Brickell Bay Drive Miami, FL 33131 954-673-7729 • info@yolandaenglish.com BUSINESS DEVELOPMENT: Client Retention, Business Development, Marketing Motivated and innovative sales and marketing leader with a 22 year track record of excellent account retention and management across multiple industries. Committed to understanding client needs and developing custom solutions and pitches to earn loyal business. Demonstrated strengths in territory management, market penetration, and sales strategy. Skilled in designing and developing effective presentations for internal and client audiences. Effective team leader and networker with superior client relations’ skills. Well connected in a variety of market segments. Known for tenacity and follow-through. Work equally well on site and remotely. Sales Strategy • Business Planning • New Business Development Key Account Management • High-Impact Presentations • Executive Relations Customer Service Training • Revenue Production • Sales Trainer • • New Market Penetration • Industry Research & Trend Analysis • Financial Acumen PROFESSIONAL EXPERIENCE YVE & Associates, Inc. – Miramar, FL (11/02-Present) Business Consultant Provide consultation and expertise to business executives, real estate developers and private investors.. Core capabilities include but are not limited to raising capital, financial planning (FINRA Series 7 & 63), sales and marketing planning, business development and client retention. Clients range from start-up ventures to multi-million dollar organizations. Raising Capital 􀂃 Form and manage strategic alliances with investment banks, hedge funds and private investors 􀂃 Analyze business plans and pre-underwrite commercial projects 􀂃 Secured multi-billion dollar projects throughout the Caribbean and Latin America 􀂃 Obtained vendor and franchisor contracts for financing goods and services 􀂃 Launched a healthcare website for physician equipment leasing Financial Planning 􀂃 Create investment strategy for business and individual clients I 􀂃 Analyze portfolios and reallocate assets according to established objectives 􀂃 Conduct financial seminars and workshops for corporate staff 􀂃 Educated executives on favorable employee benefit options 􀂃 Analyze corporate and individual budgets for cost savings 􀂃 Obtain compliance and audit standards as a branch manager 􀂃 Provided investment advice to IBM credit union clients in Boca Raton Sales & Marketing Planning 􀂃 Trained sales team on goal setting and market penetration 􀂃 Create sales strategy plans 􀂃 Generate marketing plans 􀂃 Establish price points that increase profitability 􀂃 Provide market research 􀂃 Create competitive matrix analysis Business Development & Client Retention 􀂃 Developed sales and marketing plan for corporate clients 􀂃 Established policy and trained employees in customer service 􀂃 Created new avenues for product placement 􀂃 Created a financial strategy plan to launch a recording studio 􀂃 Consulted on publishing deals with EMI, Virgin and Universal Records 􀂃 Negotiated contracts for licensing of master recordings YOLANDA ENGLISH -Page 2 yvenglish@yahoo.com WL Gore & Associates, Inc. – Flagstaff, AZ (5/95-11/02) Medical Sales Associate Sold surgical implants including patches, membranes, shunts and sutures to General, Cardiac, Thoracic, Plastic, and Trauma Surgeons in South Florida. Have also sold to Ortho and Neuro surgeons. Territory included Washington DC, Maryland and Virginia from 5/95 – 5/98. Transferred to South Florida from 6/98-11/02. 􀂃 Ranked #7 of 50 in 2001 for dollar and percentage increase 􀂃 Increased sales by 32% in 1999/2000 􀂃 Earned top sales award trip Summit Club in 2000 􀂃 Increased sales in new Florida territory by 25% in 1998/1999 􀂃 Trained new sales associates 􀂃 Converted 8 hospitals first year in Florida 1998/1999 􀂃 Increased sales by $146,000 in 1996/97 􀂃 Earned Cardiac/Thoracic OR Certification 􀂃 Earned top sales award trip Summit Club in 1997 􀂃 Ranked #5 of 33 in 1996/1997 􀂃 Increased market share by 46% in 1996/1997 Convatec (Division of Bristol-Myers Squibb) – Princeton, NJ (4/94-5/95) Medical Sales Representative Sold ostomy appliances and chronic wound care products to Vascular and Plastic Surgeons, nurses and hospital administrators. Territory included Washington DC and Northern Virginia. 􀂃 Headed two wound clinics in major hospitals 􀂃 Conducted CEU and CME programs for surgeons and nurses. 􀂃 Consistently exceeded sales quotas Davis & Geck (Division of American Cyanamid) – Wayne, NJ (2/93-2/94) Territory Manager Sold sutures, medical devices, carotid shunts, occlusion balloon catheters and embolectomy catheters in the operating room to all surgical specialties in the state of Maryland. 􀂃 Initiated and completely converted a hospital worth $200,000 in suture 􀂃 Obtained and successfully completed an evaluation in hospital where my products were banned 􀂃 Increased market share by 50% during first 6 months in territory 􀂃 Ranked top 15 out of 120 for Gold Cup Award 􀂃 Ranked top 10 out of 120 in Vital Vue Sales Ciba Giegy – Summit, NJ (4/91-2/93) Medical Sales Representative Sold multiple drugs in highly competitive therapeutic classes including cardiologist and gynecologist. Territory included Maryland, Virginia and West Virginia. 􀂃 Received Circle of Merit Award 3rd qtr of 1992 for highest increase in market share in all products 􀂃 Increased Estraderm market share by 29% in 1992 􀂃 Saved Transderm Nitro market share by a greater rate than district and nation 􀂃 Obtained formulary status for Lotensin YOLANDA ENGLISH -Page 3 yvenglish@yahoo.com The Copeland Companies (Division of Travelers Insurance) – New Brunswick, NJ (4/87-4/91) Financial Consultant Sold investment plans (commission only) to educators in Maryland. Maintained exceptional client loyalty through product knowledge and timely service resulting in a 95% persistency rate. 􀂃 Earned the Leader’s Conference Award in 1990 for Top Sales 􀂃 Trained new hires on selling skills and territory management 􀂃 Increased market share from 10% to 35% in less than 3 years 􀂃 Doubled sales volume from 1989 to 1990 􀂃 Closed $640,000 of new business in 1990 Equitable Life Insurance – Charlotte, NC (9/86-4/87) Computer Set-Up Operator The Timken Corporation – Canton, OH (7/85-6/86) Cost Accountant FORMAL EDUCATION Bachelor of Science in Finance • Wilberforce University, Wilberforce, Ohio 1985 GPA 3.5 PROFESSIONAL LICENSES FINRA Series 7 & 63, State of Florida Life and Health Insurance, Florida Mortgage Broker PROFESSIONAL AFFILIATIONS International Mastermind Mastermind Association and Professional Speakers Network