Loading...
2017-151-3256 - CDBGRESOLUTION NO. 2017-151-3256 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ALLOCATING FISCAL YEAR 2017-2018 COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PUBLIC SERVICE FUNDS; AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, SUBRECIPIENT AGREEMENTS FOR THIS PURPOSE IN SUBSTANTIAL FORM AS THAT AGREEMENT, ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, annually the City makes available Community Development Block Grant ("CDBG") funds for the provision of public services to Miami Gardens residents, and WHEREAS, these funds are made available to interested non-profit and community based organizations applying through a formal request for a proposal process, and WHEREAS, for the 2017-2018 fiscal year, a total of One Hundred Forty-Five Thousand Dollars ($145,000.00), is available for non-profit organizations under the public service category, and WHEREAS, on March 13, 2017, the City issued a Request For Proposals (RFP) for the 2017-2018 year, and WHEREAS, a total of fourteen (14) proposals were submitted, and WHEREAS, ten (10) of the highest scoring agencies are being recommended to the City Council to receive funding for the 2017-2016 program year, and WHEREAS, Carrfour Supportive Housing, Inc. was founded by the Greater Miami Chamber of Commerce with a mission to confront homelessness by developing affordable housing and supportive services, and WHEREAS, Carrfour Supportive Housing, Inc. will offer an aflerschool and mentoring program for up to forty (40) families residing in Del Prado Gardens, and WHEREAS, City staff is recommending funding to Carrfour Supportive Housing, Inc., in the amount of Six Thousand Dollars ($6,000.00), for 2017-2018 program year, and WHEREAS, Feeding South Florida, is a non-profit food bank which serves as the central source and clearing house for rescued food in Southeast Florida, and WHEREAS, Feeding South Florida, will provide comprehensive services such as the Backpack Program, Mobile Food Pantry, Benefits and Emergency Services Outreach, Nutrition Education, Afterschool Snack Program, and the Summer Food Service Program, and WHEREAS, City staff is recommending funding to Feeding South Florida, in the amount of Nine Thousand Eight Hundred Dollars ($9,800.00), for 2017-2018 program year, and WHEREAS, 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 and moderate income youth who live in Miami Gardens, and WHEREAS, JPM Center at Miami Gardens Drive, Inc., program focuses on engaging youth during the after-school hours between 3:00 p.m. and 6:00 p.m., Tuesday through Friday, and WHEREAS, City staff is recommending funding to JPM Center at Miami Gardens Drive, Inc., in the amount of Nine Thousand Six Hundred Dollars ($9,600.00), for 2017- 2018 program year, and WHEREAS, Kristi House, Inc., is a non-profit organization that offers specialized and coordinated services for children who are victims of sexual abuse, and WHEREAS, Kristi House Inc., 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, and WHEREAS, City staff is recommending funding to Kristi House Inc., in the amount of Fifteen Thousand Dollars ($15,000.00), for 2017-2018 program year, and WHEREAS, 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, and WHEREAS, Mt. Pisgah's Food Pantry has been in operation since 2005 and is open the second (2"^) and fourth (4'^) Wednesday of every month from 12:30 p.m. to 3:00 p.m., and WHEREAS, City staff is recommending funding to Mt. Pisgah Seventh-day Adventist Church in the amount of Thirteen Thousand Dollars ($13,000.00), for 2017-2018 program year, and WHEREAS, North Dade Youth & Family Coalition was established in 2006 following a wave of shooting deaths involving youth, and WHEREAS, since its inception North Dade Youth & Family Coalition 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, and WHEREAS, City staff is recommending funding to North Dade Youth & Family Coalition in the amount of Eight Thousand Four Hundred Dollars ($8,400.00), for 2017- 2018 program year, and WHEREAS, Prosperity Social & Community Development Group, Inc., is a non-profit organization founded in 2011 to provide literacy and job readiness skills to women and girls throughout Miami-Dade County, and WHEREAS, the program will provide literacy, job training, financial literacy, career guidance, and support groups to both high school boys and girls, ages fifteen (15) to twenty-one (21), who are dropouts, potential dropouts, unemployed, pregnant teens and re-entries from the corrections system, and WHEREAS, City staff is recommending funding to Prosperity Social & Community Development Group, Inc., in the amount of Eight Thousand Two Hundred Dollars ($8,200.00), for 2017-2018 program year, and WHEREAS, 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, and WHEREAS, eligible meal recipients receive one hot meal per day, five days a week, Monday through Friday, and WHEREAS, City staff is recommending funding to Sunshine For All, Inc. in the amount of Sixty Thousand Dollars ($60,000.00), for 2017-2018 program year, and WHEREAS, Catalyst Miami, is a non-profit organization that assists individuals in achieving their financial goals by guiding them through the development of personalized financial plans and connecting them with financial resources and services, and WHEREAS, eligible clients will meet one-on-one with financial coaches to discuss credit, savings, debt management, and financial goal setting, and WHEREAS, City staff is recommending funding to Catalyst Miami, in the amount of Nine Thousand Dollars ($9,000.00), for 2017-2018 program year, and WHEREAS, the North Miami Foundation for Senior Citizen Services is a local independent 501(c)(3) nonprofit organization that will deliver two thousand six hundred and ten (2,610) frozen weekday lunches to ten (10) elderly clients (age 62+) who reside in Miami Gardens and have been determined to be at nutritional risk, and WHEREAS, priority for the service will be based upon the individual's level of need, and WHEREAS, City staff is recommending funding to Catalyst Miami, in the amount of Six Thousand Dollars ($6,000.00), for 2017-2018 program year, and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AS FOLLOWS: Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens hereby allocates Fiscal Year 2017-2018 Community Development Block Grant ("CDBG") Public Service Funds as follows: A A. $6,000.00 to Carrfour Supporting Housing, Inc. B. $9,800.00 to Feeding South Florida C. $9,600.00 to JPM Centre at Miami Gardens, Inc. D. $15,000.00 to Kristi House, Inc. E. $13,000.00 to Mt. Pisgah Seventh Day Adventist Church F. $8,400.00 to North Dade Youth & Family Coalition G. $8,200.00 to Prosperity Social & Community Development Group, Inc. H. $60,000.00 to Sunshine for All, Inc. I. $9,000.00 to Catalyst Miami Inc. J. $6,000.00 to North Miami Foundation for Senior Citizen Svcs. The City Council further authorizes the City Manager and the City Clerk to execute and attest, Subrecipient Agreements for this purpose, attached hereto as Exhibit A. Section 3: INSTRUCTIONS TO THE CITY CLERK: The City Clerk Is hereby authorized to obtain two (2) fully executed copies of the subject Agreements with one to be maintained by the City, and one to be delivered to each organization. Section 4: EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON OCTOBER 25, 2017. O LBERT, III, MAYOR ATTEST: i,jKlTY(RONETTA TAYLOR, MMC, jKlTY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY SPONSORED BY: CAMERON D. BENSON, CITY MANAGER Moved by: Robinson Seconded by: Harris VOTE: 6-0 Mayor Oliver Gilbert, III _x (Yes) (No) Vice Mayor Erhabor Ighodaro, Ph.D. _x (Yes) (No) Councilwoman Lisa C. Davis _x (Yes) (No) Councilman Rodney Harris _x (Yes) (No) Councilwoman Lillie Q. Odom _x (Yes) (No) Councilwoman Felicia Robinson _x (Yes) (No) Councilman David Williams Jr (Yes) (No) recused 18605 NW 27 Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: October 25, 2017 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 D. Benson City Manager Department: Community Development Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ALLOCATING FISCAL YEAR 2017-2018 COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) PUBLIC SERVICE FUNDS; AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, SUBRECIPIENT AGREEMENTS FOR THIS PURPOSE IN SUBSTANTIAL FORM AS THAT AGREEMENT, 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 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. Agenda Item J-1 2017-2018 CDBG Public Service Funds 18605 NW 27 Avenue Miami Gardens, Florida 33056 For the 2017-18 fiscal years a total of $145,000.00 (15% of annual CDBG allocation) is available in the Public Services category. This is an approximant $5,000 reduction in funding from last year. A RFP was made available on March 13, 2017. City staff held two (2) Technical Assistance (TA) Workshops on March 09, 2017 and March 23, 2017, at which approximately twenty-eight (28) agencies were informed of the program guidelines and requirements. Additionally, a Pre-Proposal meeting was also held on March 23, 2017 where four (4) agencies attended and were given the opportunity to ask specific questions about the RFP. Proposals were due on April 13, 2017 by 5:00 p.m. A total of fourteen (14) proposals were submitted. Ten (10) high scoring agencies are being recommended to Council to receive funding for the 2017-2018 program year. They are as follows: 1. Carrfour Supportive Housing, Inc. $ 6,000.00 2. Feeding South Florida $ 9,800.00 3. JPM Centre at Miami Gardens Drive, Inc. $ 9,600.00 4. Kristi House, Inc. $ 15,000.00 5. Mt. Pisgah Seventh Day Adventist Church $ 13,000.00 6. North Dade Youth & Family Coalition $ 8,400.00 7. Prosperity Social & Community Dev. Group, Inc. $ 8,200.00 8. Sunshine for All, Inc. $ 60,000.00 9. Catalyst Miami Inc. $ 9,000.00 10. North Miami Foundation for Senior Citizen Svcs. $ 6,000.00 $ 145, 000.00 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 $6,000 in FY 2016-17 and to date has served as many as 37 youth. Staff is recommending continued funding at the level amount of $6,000 in FY 2017-18. Feeding South Florida is a non-profit food bank which serves as the central source and clearing house for rescued food in Southeast Florida. FSF rescued almost 41 million pounds of food during fiscal year 2017 and distributed over 44 million pounds through its network of approximately 400 non-profit partner agencies. They provide comprehensive services such as the Backpack Program, Mobile Food Pantry, Benefits and Emergency Services Outreach, Nutrition Education, Afterschool Snack Program, and the Summer Food Service Program to address the underlying issues of hunger, fill gaps in underserved areas, 18605 NW 27 Avenue Miami Gardens, Florida 33056 and provide solutions for those who struggle to put food on the table. FSF is proposing to expand its School Pantry program to North County K-8 Center in Miami Gardens. School pantries provide a more readily accessible source of food assistance to low-income students and their families. FSF’s school pantries have a focus on providing not only pantry staples (rice, canned goods, etc.) but also fresh fruits and vegetables. The School Pantry Program is one of the most efficient and effective ways to serve children and families in the community. Through the proposed program expansion, FSF will be able to serve a minimum of 350 children and their families. The program was previously funded at $13,500 in FY 2016-17 and to date has served as many as 257 youth. Staff is recommending funding at an amount of $9,800 for FY 2017-18. 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 2016-17 awarded JPM $14,600 to serve twenty-five (25) youth. JPM instructors attribute 85 percentile student’s progress to regular attendance and parent participation as reflected on assessments, progress reports and final grade reports. Improved student behavior and increased self-confidence are continual goals of the JPM staff and volunteer staff. Staff is recommending funding at an amount of $9,600 for the FY 2017-18. 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. Kristi House client records of actual sexual abuse victims from seven years of CDBG funding for Miami Gardens residents shows services provided to an average of 70 to 80 children and youth annually. The City has previously funded this program in 2016-17 at $13,500, which has served 22 youth and their families monthly 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. Kristi House also anticipates taking on physical abuse cases later in 2017, which will be open to Miami Garden’s families as well. Staff is recommending continued funding of this program in an amount of $15,000 for FY 2017-18. 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, Mt. Pisgah’s Food Pantry has been in operation since 2005 and is open the 2nd and 4th Wednesday of every month from 12:30 p.m. – 3:00 p.m. During 2016, the Pantry provided food for 24,537 persons in over 5,722 households. 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 $12,000 which has served 231 low-income seniors thus far this year. These 231 seniors received approximately 468 lbs. of food. Mt Pisgah Food Pantry is projected to provide food to approximately 350 seniors. Staff is recommending continued funding of $13,000 for FY 2017-18. 18605 NW 27 Avenue Miami Gardens, Florida 33056 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 more than 588 households through care coordination/wraparound services, community policing and positive youth development activities with successful results. In 2016-17 the City funded the NDYFC Network in the amount of $9,560, which will provide wraparound care coordination services utilizing its over 40 partner Network of providers which represent health, recreation, tutoring, employment skill development, jobs, basic needs, positive youth development and parenting; to school age youth, ages 5-18, who are identified as at-risk based on frequent school absences, 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 25 youth and their families throughout the program year. Staff is recommending continued funding of this program at a reduced amount of $8,400 for FY 2017-18. 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. In 2016-17 the City funded PSCDG in the amount of $8,500, to assist the program with providing 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 up to 100 youth from the City of Miami Gardens through their partnerships with Norland and Miami Carol City Senior High Schools, North Dade Regional Library and the Departments of Juvenile Justice and Corrections. Staff is recommending funding of this program at an amount of $8,200 for FY 2017-18. 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 53 clients under the FY 2016-2017 contract in the amount of $68,000. City staff is recommending continued funding of the program at an amount of $60,000 for FY 2017-18. Catalyst Miami (CM), is a non-profit organization which will assist the residents of Miami Gardens in achieving their financial goals by guiding them through the development of personalized financial plans and connecting them with financial resources and services. Clients will meet one-on-one with one of the CM professional financial coaches, Meetings focus on the topics of credit, savings, debt management, financial goal setting and are customized to meet each client's needs. Each client will be taught how credit is measured as well as counseled on good credit behaviors and practices. They provide clients with free credit reports, which serve as valuable educational tools. Lastly, through these coaching sessions CM will identify residents who will benefit from their nationally recognized Lending Circles program. Families receive tools, information and coaching so that they can improve their quality of life via self- advocacy for healthcare services, access to Kid Care, Medicaid and Healthcare Marketplace navigation, FAFSA, IRS tax assistance, credit-building and free bank accounts. This is a new organization and the program will serve an unmet need in the community. Staff is recommending funding in the amount of $9,000 for the FY 2017-18 funding cycle. 18605 NW 27 Avenue Miami Gardens, Florida 33056 North Miami Foundation is a local independent 501(c) (3) nonprofit organization. Since its inception, the North Miami Foundation has maintained a strong connection with its target population and their evolving needs. As a result, agency services have expanded extensively over the years. With CDBG funding, they propose to deliver 2,600 ( 5 times per week for 52 weeks) frozen weekday lunches to 10 elderly clients (age 62+) who reside in Miami Gardens and have been determined to be at nutritional risk. Priority for the service will be based upon the individual’s level of need as determined by their social work counselor after completion of a screening & assessment developed by the State of Florida Department of Elder Affairs. Clients will be started on meals based upon service availability and their level of need for the service. This is a new organization and the program will serve as an additional Meal on Wheels resource to the residents of the City of Miami Gardens. Staff is recommending funding in the amount of $6,000 for the FY 2017-18 funding cycle. All clients served through these programs are Miami Garden’s residents. Contract periods for service for all the above organizations will begin October 1, 2017 through September 30, 2018. 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 2017-18 award of CDBG grant is estimated to be $971,071. Fifteen (15%) percent of this allocation which is approximately $145,000 is available for Public Services expenses. Proposed Action: That the City Council approves the attached resolution. Attachment:  Public Services Scores & Summary Table  Sub-recipient Agreement (FY 2017-2018) 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, 2017, 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: $ .00 TERM OF THE AGREEMENT: October 1, 2017 through September 30, 2018 IDIS NUMBER: (to be completed by the City): «IDIS_»________ 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 Exhibit G Monthly Reimbursement and Reporting Forms Exhibit H Year-End Reporting Forms 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. 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 “Applicability of Uniform Administrative Requirements” of the CDBG Program Regulations Final Rule and Lead Based Paint Regulations at 24 CFR Part 35, and the Office of Management and Budget’s (“OMB”) Uniform Administrative 4 Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 CFR Part 200 (“Super Circular). The Super Circular is a consolidation of and supersedes OMB Circulars:  A-21, “Cost Principles for Educational Institutions”;  A-87, “Cost Principles for State, Local and Indian Tribal Governments”;  A-102, “Grant Awards and Cooperative Agreements with State and Local Governments”;  A-110, “Uniform Administrative Requirements for Awards and Other Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations”; and  A-133, “Audits of States, Local Governments and Non-Profit Organizations”. 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, 2017 and end on September 30, 2018__. 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, 5 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 $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. 6 (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 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 2 CFR Part 200.501. The audit shall determine whether the financial statements are presented 8 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 2 CFR Part 200.501. 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, 9 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 disallowed; allowable costs/cost principles; eligibility; matching, level of effort, earmarking; and, reporting. All reports presented to the City shall, where applicable, include sufficient information to provide a proper perspective for judging the prevalence and consequences of the findings, such as whether an audit finding represents an isolated instance or a systemic problem. Where appropriate, instances identified shall be related to the universe and the number of cases examined and quantified in terms of dollar value. ARTICLE VI RECORDS AND REPORTS 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 10 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 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 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 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. 14 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 REQUIREMENTS. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, as now in effect and as may be amended from time to time. 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). 15 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. 16 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 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. 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 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 2 CFR 200. 10.7.4 In all other cases, the SUBRECIPIENT shall comply with the standards contained within 24 CFR 570.611 20 10.8 NO OBLIGATION TO RENEW. Upon expiration of the 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, 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 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 City of Miami Gardens Department of Community Development FY 2016-2017 Public Services Proposals Summary Alternate #3 Name of Organization Name of Proposed Program Program Description Amount Requested Avg Score Partners Public Schools Partner Previously Funded 20% Match Recommend Amount % of Total Funds Avail % of Amount Requested Prior Year Funding Amount % of Total Funds Avail % of Amount Requested Prior Year Funding Amount % of Amount Requested Prior Year Funding 1 Carrfour Supportive Housing Del Prado After School/Prevention Program After-School Mentorship program for 40 formerly homeless youths (age 5-19) with structured and supervised activities that includes social skills training, creative art activities, sexual education, and other opportunities for emotional expression. 6,000.00$ 96.6 No No Yes Yes Yes 6,000.00$ 4.14%100.00%6,000.00$ 6,000.00$ 4.14%100.00%6,000.00$ 6,000.00$ 100.00%6,000.00$ 2 Kristi House Healing the Hurt of Child Sexual Abuse Services for up to 30 youth (and their non- offending family members), up to 18 years old, who are victims of sexual abuse. 50,000.00$ 96.4 Yes; States Attorney's Office, Dept of Children & Families, Police, Guardian ad Litem, and many others No Yes Yes Yes 15,000.00$ 10.34%30.00%13,500.00$ 15,000.00$ 10.34%30.00%13,500.00$ 20,000.00$ 40.00%13,500.00$ 3 Mt. Pisgah Seventh Day Adventist Church Food Pantry Bi-weekly (2nd & 4th Wednesdays) food pantry serving 275 low income seniors 15,000.00$ 96.2 Yes; Farm Share & Feeding South Florida No Yes Yes Yes 13,000.00$ 8.97%86.67%12,000.00$ 13,000.00$ 8.97%86.67%12,000.00$ 15,000.00$ 100.00%12,000.00$ 4 Sunshine For All Elderly Meals Program Home meal delivery to 54 elderly residents, Mon- Fri.70,000.00$ 91.4 No No Yes Yes Yes 60,000.00$ 41.38%85.71%68,000.00$ 69,000.00$ 47.59%98.57%68,000.00$ 65,000.00$ 92.86%68,000.00$ 5 JPM Centre at Miami Gardens Drive, Inc. The JPM Centre After School Tutorial After school tutoring program serving up to 30 youth ages 5-18, Tues-Fri from 3-6pm; and parenting group sessions for youth's parents/caregivers. 25,000.00$ 90.6 Yes; Miami Job Corp, Miami-Dade Juvenile Justice Dept, & Miami- Dade Public Schools Yes Yes Yes Yes 9,600.00$ 6.62%38.40%14,600.00$ -$ 0.00%0.00%14,600.00$ -$ 0.00%14,600.00$ 6 Feeding South Florida School Pantry Program Food Pantry at the North County K-8 Center. To provide a source of food assistance to low-income students and their families. Operates 5-days/week at the end of the school day. 50,362.00$ 87.2 Yes; North County K-8 Center Yes Yes Yes Yes 9,800.00$ 6.76%19.46%13,500.00$ 9,800.00$ 6.76%19.46%135,000.00$ 9,800.00$ 19.46%13,500.00$ 7 *New* North Miami Foundation for Senior Citizen's Services, Inc Meals for Frail Elderly The North Miami Foundation for Senior Citizens' Services is a not-for-profit social service agency which provides a wide variety of services to help seniors remain independent in their own homes. 10,000.00$ 84.6 Yes; Alliance for Aging, Inc.; the State of Florida Department of Elder Affairs; Miami-Dade County; the City of North Miami; the Villages of Biscayne Park No No Yes Yes 6,000.00$ 4.14%60.00%-$ 6,000.00$ 4.14%60.00%-$ 10,000.00$ 100.00%-$ 8 North Dade Youth & Family Coalition NDYFC Network Services for up to 50 youth and their familes through wrap-around care coordination services. Youth ages 5-18; who are truant, suspended from school, failing academically and involved in violence and crime at home, school or community; and their 9,790.00$ 82.5 Yes; NDYFC Network Yes Yes Yes Yes 8,400.00$ 5.79%85.80%9,560.00$ 8,400.00$ 5.79%85.80%9,500.00$ -$ 0.00%9,500.00$ 9 Prosperity Social & Community Develoment Group, Inc. NOW Project Literacy and job readiness skills to students in senior high school, young dropouts and ex- offenders from low income families in need of job readiness assistance. 10,000.00$ 81.4 yes; Dept of Corrections, Dept of Juvenile Justice, and North Dade Regional Library No Yes Yes Yes 8,200.00$ 5.66%82.00%8,500.00$ 8,200.00$ 5.66%82.00%8,500.00$ 10,000.00$ 100.00%8,500.00$ 10 * NEW* Catalyst Miami, Inc.Lending Circles Credit Building is Asset Building Our Prosperity programs and services are designed to help low-to-moderate income (LMI) families establish comprehensive household wellness. Through our client-centered, comprehensive financial and healthcare coaching, we ensure long- term LMI individuals engagement in planning for their futures. 26,000.00$ 81.0 yes; Federation of Families, and North Dade Regional Library No No Yes Yes 9,000.00$ 6.21%34.62%-$ 9,600.00$ 6.62%36.92%-$ 9,200.00$ 35.38%-$ Total Amount of Funds Requested 272,152.00$ Funding Recommended 145,000.00$ 100.0%145,000.00$ 100.0%145,000.00$ indicates programs recommended for funding Total Amount of Funds Available 145,000.00$ Balance Remaining -$ 0.0%-$ 0.0%(145,000.00)$ Proposal Summaries, Rankings & Recommendations Alternate #1 Alternate #2 Program Summaries 2017-2018 1